HomeMy WebLinkAbout25-40 Granting a Utility Easement to Meritage Homes of Colorado, Inc. Frontier Estates F2S 03-26-2025RESOLUTION NO. 25-40
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, GRANTING A UTILITY EASEMENT TO
MERITAGE HOMES OF COLORADO, INC., PERTAINING TO THE
FRONTIER ESTATES FILING NO. 2 SUBDIVISION
WHEREAS, Meritage Homes of Colorado ("Owner) is the owner of certainreal property
located in the Town of Firestone ("Town7% legally described as Frontier Estates Filing No. 2, Town
of Firestone, County of Weld, State of Colorado (the "Property"); and
WHEREAS, Owner intends to develop approximately 1,82 residential lots on the Property
("Project") pursuant to the Frontier Estates Filing No. 2 Final Plat ("Plat") approved by the Town
Board of Trustee's on February 26, 2025 pursuant to Resolution No. 25-24; and
WHEREAS, the Town is the owner of certain real property legally described as Outlot 2,
Firestone Central Park First Filing Minor Subdivision, Town of Firestone, County of Weld, State of
Colorado ("Central Park Property"); and
WHEREAS, to accommodate and safely convey flows generated from the Project as well
as storinwater runofffrom areas adjacent to and upstream from the Property, itself, without causing
damage to downstream property or altering historic drainage paths within the existing drainage
basin, the Project's stormwater drainage facility system design will require the construction of a
forebay, concrete trickle channel and graded swale off -site of the Property ("Improvements"), and
more specifically on approximately 0.221 acres of the Central Park Property located immediately
to the north of the Property; and
WHEREAS, to construct, operate and maintain the Improvements, Owner will require and
is requesting from the Town a utility easement from the Town, and Town Staff recommends the
Town accommodate Owner's request and grant to it a utility easement, pursuant to the terms and
conditions of a Utility Easement and Agreement, attached as Exhibit A, and more particularly
described and depicted in the attachment to Exhibit A, to correspond with the location of the
Improvements as shown in the Final Construction Documents for the Plat; and
WHEREAS, AS, the Board of Trustees finds and determines that the Improvements will not
interfere with the current and future uses of the Central Park Property, that they will facilitate
development of the Project, and that granting a utility easement that would result in construction
of the Improvements promotes the health, safety and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees of the Town of Firestone hereby grants a permanent,
non-exclusive utility easement over and across approximately 0.221 acres of the Central Park
Property, as described and depicted in Exhibit A, attached hereto and made a part of this resolution,
with the Mayor being authorized to execute and acknowledge the grant of the easement on behalf
of the Town.
Section 2. The Board of Trustees of the Town of Firestone hereby authorizes and
approves the Utility Easement Agreement between the Tovvn and Owner, in substantially the same
four as the copy attached hereto and made a part of this resolution, and the Mayor is authorized
to execute the agreement on behalf of the To-wn.
PASSED AND ADOPTED this 2Oath day of March, 2025
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UTHJTY EASEMENT AND AGREEMENT
This UTILLTY EASEMENT AND AGREEMENT CAgreernent") is made and entered
into this WLday of ' MArch ., 2025, by and between the TOWN OF FIRESTONE,
COLORADO, a municipal corporation organized and existing under and by virtue of the laws of the
State of Colorado, whose address is 9950 Park Avenue, Firestone, Colorado, 80504 ("Firestone" or
"Grantor") and MERITAGE, HOMES OF COLORADO, INC., an Arizona corporation
{"Grantee"), whose address is 7900 E Union Avenue, Suite 400, Deaver, Colorado, 80237.
1 Grantor's Property. Firestone is the owner of that certain parcel of real property (the
"Property") located in Weld County, Colorado, legally described as Exhibit A.
2. Grant of Easement —Consideration. Firestone grants to Grantee a perpetual, non-exclusive
easement (the "Easement") over, under, in and across that portion of the Property as more fully
described in Exhibit B, attached to and made a part of this Agreement (the "Easement Area"),
subject to the terms and conditions set forth below.
3. Purpose and Uses of Easement. Grantee may use the Easement: (a) to construct, install,
access, operate, use, maintain, repair, reconstruct, replace, inspect, and remove, at any time and
from time to time, forebay, concrete trickle channel, graded swale (the "Improvements") upon,
across, over, under through and within the Easement Area; (b) to remove obstructions to the
Improvements; and (c) to mark the location of the Easement Area and Improvements by suitable
markers set and maintained in the ground. Nothing herein shall be construed to permit any
overhead utilities or any surface or -underground facilities or equipment associated with any
utilities other than the Improvements within the Easement Area.
4. Access. Additionally, Grantor grants and conveys to Grantee a permanent easement (the
"Access Easement") for the purpose of ingress to and egress to and from the Permanent Easement
Area upon, over, in and across the Property, as described more fully on Exhibit B, attached hereto
and made a part of this Agreement (the "Access Easement Area!). Grantee shall only use the
existing roads for ingress and egress
5. Grantor's RielAis in Easement Area. Firestone reserves the right to use the Easement Area
for any purposes that will not impair, endanger or unreasonably interfere with any of the
Improvements or with Grantee's full enjoyment of the rights hereby granted.
A. Relocation and Displacement of Facilities. Grantee understands and acknowledges
that Grantor may require Grantee to relocate one or more of its Improvements within or outside
the Easement Area, if Grantor reasonably determines that the relocation is needed for any of the
following purposes: (a) if relocation is necessary for the construction, completion repair,
relocation, or maintenance of a Town -owned or Town -controlled facility, public work or
improvement or Public Right -of -Way; (b) because the Improvements are conflicting with,
interfering with or adversely affecting the construction and implementation of a public
construction project, proper operation of street lights, traffic signals, governmental
communications networks or other Town property uses in existence as of the date of this
Agreement or arising in the future; or (c) if-relocationis necessary to protect or preserve the public
health or safety. In any such case, Town shall use its best efforts to avoid construction of Town
facilities or improvements that may require relocation of the Improvements (but shall not be
required to incur additional or unreasonable financial costs). In the event Grantor reasonably
determines that the relocation is needed for any of the aforementioned purposes, then Grantor shall,
as soon as is reasonably possible, provide notice to Grantee of the need for relocation and probable
beginning and completion dates CReiocation Notice). Grantor shall use its best efforts (but shall
not be required to incur additional or unreasonable financial costs) to afford Grantee a reasonably
equivalent alternate location on the Property for the Improvements. Within 45 days of providing
the RelocationNotice, Grantor will provide Grantee with aproposed new perpetual, non-exclusive
easement to replace this Easement benefitting Grantee ("Replacement Easement'). Upon
recording of the Replacement Easement, this Easement shall terminate and Grantee shall execute
a recordable quitclaim deed in favor of Grantor evidencing termination of its rights -under this
Easement within ten (10) days after recording of the Replacement Easement. If Grantee rejects the
proposed Replacement Easement within such 45-day period, then Grantor shall modify or amend
this Easement to reconfigure and/or relocate the Easement Area by recording and delivering to
Grantee a notice of relocation setting forth the new legal description of the Easement Area
(`Amended Easement!). Grantee shall relocate any Improvements at Grantee's sole cost and
expense not later than one hundred and twenty (120) days after recording of the Replacement
Easement or the Amended Easement If Grantee shall fail to relocate any Improvements within
such 120-day period, then Grantor shall be entitled to relocate the Improvements at the Grantee's
sole cost and expense, without further notice to the Grantee.
6. Construction.
A. Grantee shall provide Firestone a complete set of "As -Built Plans" for the
Improvements, in paper and electronic format, within thirty days following construction and
installation of the Improvements.
B. Grantee shall ensure that construction of the Improvements shall be undertaken by
a licensed contractor, and shall cause all work to be performed by such contractor to be in
accordance with all applicable statutes, ordinances, rules, regulations and permitting requirements.
7. Oneration and Maintenance.
A. Grantee shall be solely responsible for the maintenance and replacement of the
Improvements now or hereafter constructed and located within the Easement Area.
B. Upon completion of any construction work in the Easement Area, Grantee will
maintain the surface of the Easement area in compliance with any applicable weed, nuisance or
other legal requirements.
C. Upon completing any work in the Easement Area, Grantee will make such repairs
or take such other action as may be necessary to restore the surface of the Easement Area to a
condition comparable to its condition prior to Grantee's activities in the Easement Area, including
but not limited to the reseeding and replanting of any disturbed areas in a manner reasonably
satisfactory to Firestone, correction of any subsidence, and restoration of any other pre-existing
improvements or conditions impacted by Grantee's activities.
8. Depth of Cover. Unless a greater depth is required by applicable law, Grantee shall initially
bury Improvements within the Easement Area at a minimum depth of four (4) feet below the
surface of the ground.
9. Liability and Responsibility;
A. Firestone shall have no obligation to contribute to the costs or expenses of initial
construction or installation of the Improvements.
B. Except for any negligent or willful act or omission, Firestone shall not be
responsible or held liable for damages to the Improvements resulting from any work conducted by
Firestone on the Property or in connection with performing authorized emergency repairs and
maintenance of any existing improvements on the Property.
C. Nothing in this Easement Agreement shall be construed to be a waiver of the
limitations on liability which are provided to Firestone under any provision of law or the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as currently enacted or subsequently
amended ("COIA!).
10. Binding Effect - Runs With Land. This Agreement shall extend to and be binding upon
and inure to the, benefit of the Parties to this Agreement and their respective successors and assigns,
including without limitation, all subsequent owners of the Property, and all persons claiming under
them. The rights and responsibilities set forth in this Agreement are intended to be covenants upon
the Easement Area and are to run with the land.
11. Notices. Any notice, request, consent, offer or demand required or permitted to be given
in this Agreement, shall be in writing and be sufficiently given if delivered in person or sent by
mail or email, addressed to the party to whom such notice is intended to be given at the address
set forth below:
Firestone:
Town of Firestone
Town Manager
P.O. Box 100
Firestone, CO 80520
William P. Hayashi
Williamson and Hayashi, LLC
1650 38h Street, Suite 103
Boulder, CO 80301
Grantee:
Meritage Homes of Colorado
Mike Salmina
7900 E Union Avenue Suite 400
Denver, CO 80237
Tim Clements
Meritage Homes General Counsel
8800 East Raintree Drive, Suite 300
Scottsdale, AZ 85260
12. Govemine Law: Venue. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Colorado. Jurisdiction and venue for any actions arising
from this Agreement and any amendments hereto shall rest exclusively in Weld County, Colorado.
13. Amendment-.. Waiver: No provision of this Agreement may be amended, waived or
otherwise modified without, except by a writing executed by both Parties. The waiver by any party
of a breach of any provision or condition contained in this Agreement shall not operate or be
construed as a waiver of any subsequent breach or of any other conditions hereof.
14. .Authority. Firestone warrants that it has full right and lawful authority to convey the real
property interests contained in the Easement granted above. Each party represents and warrants
to the other that it has fall power and authority to enter into this Agreement and to bind itself, its
respective successors and assigns, and that no other contract or agreement to which it is a party
prevents it from executing this Agreement or concluding the transactions described herein.
15. Entire Ageement. This Agreement constitutes the entire agreement between the Parties
hereto relating to the Easement and sets forth the rights, duties and obligations of each to the other
as of this date. Any prior agreements, promises, negotiations or representations not expressly set
forth in this Agreement are of no force and effect.
16. Severability: If any part, term or provision of this Agreement shall be held unenforceable
or invalid, the remainder of this Easement and the application of such part, term or provision to
persons or situations other than those to which it shall have been held unenforceable or invalid
shall not be affected thereby, but shall continue to be enforceable and enforceable to the greatest
extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Utility Easement and
Agreement, effective as of the date first set forth above.
SIGNATMEPAGES FOLLOW
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THE TOWN OF FIRESTONE,
COLORADO, a Colorado uni
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By: /
ATTEST:
i miri, C�rati5lzos�u -Town Clerk
Date:
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ACCEPTED TIC: D BY GRANTEE:
Meritage Homes of Colorado, Inc., are Arizona
Corporation
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TA"I"►m OF COLORADO
COUNTY C
ANDREA DIANE PHILLIPS
TARP PUBLIC
STATE OF COLORADO
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MY COMMISSION EXPIRES �3ULY 31. 02
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