-ii~ ADAMS COUNTY. &,.ee8.& PUBLIC HEARING AGENDA ITEM

Transcription

1 -ii~ ADAMS COUNTY &,.ee8.& PUBLIC HEARING AGENDA ITEM DATE: January 6,2015 SUBJECT: Easement grant to Molson Coors FROM: Jeffery A. Maxwell, P.E., PTOE, Transportation Director~ AGENCYIDEPARTMENT: Transportation - Engineering \\ RECOMMENDED ACTION: That the Board of County Commissioners grant the easement to Coors Brewing Company by resolution BACKGROUND: Coors Brewing Company is requesting an easement over County owned property to construct a water diversion structure in Clear Creek just upstream of the joint dam and diversion structure of the Colorado Agrcultural Ditch Company and the Lower Clear Creek Ditch Company (Ditch Companies) and a discharge pipe around the diversion structure ofthe Ditch Companies. See the attached Exhibit. The new diversion structure is needed to monitor water return to the South Platte river when flows in Clear Creek are low and the Ditch Companies divert all the flow. The easement and the proposed diversion structure will not have a negative impact on the County owned property. AGENCIES, DEPARTMENTS OR OTHER OFFICES INVOLVED: Coors Brewing Company, Adams County Transportation Department, Adams County Parks and Open Space Department, Adams County Board of County Commissioners, and Office of the County Attorney. ATTACHED DOCUMENTS: Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline and Draft Resolution Page 1 of2

2 FISCAL IMPACT: Either mark X 0 if there is no fiscal impact or provide the following information for the recommended action: Fund(s): Cost center(s): Self-generated / dedicated revenues: $ Annual operating costs: $ Annual net operating (cost) / income: One time income $8, Capital costs: $ Expenditure included in approved operating budget: $ Expenditure included in approved capital budget: $ New FTEs requested:,approval SIGNATURES: Todd Leopold, County Manager B~ APPROVAL OF FISCAL IMPACT: Ed Finger, Deputy County Manager Page 2 of2

3 RESOLUTION APPROVING EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF IRRIGATION WATER DIVERSION STRUCTURE AND PIPELINE WITH COORS BREWING COMPANY TO CONSTRUCT A WATER DIVERSION STRUCTURE AND DISCHARGE PIPE ON COUNTY OWNED PROPERTY WHEREAS, Adams County owns property "the Property" within and along Clear Creek being east of Pecos Street at the alignment of East 66 th Avenue and being in the Southeast Quarter ofthe Southeast Quarter of Section 4, Township 3 South, Range 68 West of the 6th Principal Meridian, Adams County, Colorado; and, WHEREAS, the Property is being used for open space and regional trail by the Adams County Parks and Open Space Department; and, WHEREAS, Coors Brewing Company, a Colorado Corporation "Coors" desires to construct water diversion structure and discharge pipe on Clear Creek just upstream of the joint dam and diversion structure of the Colorado Agrcultural Ditch Company and the Lower Clear Creek Ditch Company (Ditch Companies); and WHEREAS, Coors has requested a permanent easement in the form of a Easement for Construction and Maintenance ofirrigation Water Diversion Structure and Pipeline "Easement" over a portion of the Property; and, WHEREAS, under the terms and conditions of the Easement, the approval and granting of said Easement will not adversely affect the use of the Property for Adams County open space purposes; and, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, County of Adams, State of Colorado, that the Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline, a copy of which is attached hereto and incorporated herein by this reference, be approved and granted. BE IT FURTHER RESOLVED by the Board of County Commissioners, County of Adams, State of Colorado that the Chairman of the Board of County Commissioners is hereby authorized to execute said Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline on behalf of Adams County and the Clerk of the Board is hereby directed and authorized to attest to the same.

4 I Exhibit for Coors easement I

5 Adams County Transportation Engineering Services ADAMS COUNTY ATTORNEY REQUEST FOR ATTORNEY SERVICES TO: Doug Edelstein, Assistant County Attorney DATE: November 17, 2014 FROM: Jeffery A. Maxwell, P.E., P.T.O.E., Transportation Direct~ PREPARED BY: John Wolken, Right-of-Way Supervisor ~) /' ~ DATE REQUESTED: As Soon as Possible Administrative Contract Review Litigation/Claim Other -- Resolution Review _-,X Draft Resolution/Contract/Regulations Bond/Dev. Agree. Review Other Opinion DESCRIPTION OF ISSUES: Attached is an Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline for Coors Brewing Company to construct a water diversion structure in Clear Creek just upstream of the joint dam and diversion structure of the Colorado Agrcultural Ditch Company and the Lower Clear Creek Ditch Company (Ditch Companies) and a discharge pipe on Adams County property. A draft resolution for the same is also attached. Please review the easement and draft resolution. The easement has previously been reviewed by you and has been signed by Coors as accepting the conditions. If the easement and draft resolution are acceptable, please prepare a resolution and approve the easement as to form for presentation to the Board of County Commissioners for their granting and signatures. FACTUAL BACKGROUND: Coors Brewing Company is requesting an easement over County owned property to construct a water diversion structure in Clear Creek just upstream of the joint dam and diversion structure of the Colorado Agrcultural Ditch Company and the Lower Clear Creek Ditch Company (Ditch Companies) and a discharge pipe around the diversion structure of the Ditch Companies. See attached Exhibit. The new diversion structure is needed to monitor water return to the South Platte river when flows in Clear Creek are low and the Ditch Companies divert all the flow. The easement and the proposed diversion structure will not have a negative impact on the County owned property. DOCUMENTS A IT ACHED: Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline and draft resolution.

6 1 Exhibit for Coors easement I

7 STAFF SUMMARY Subject: Granting an Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline to construct a water diversion structure and discharge pipe on Adams County owned property. Background: Coors Brewing Company is requesting an easement over County owned property to construct a water diversion structure in Clear Creek just upstream of the joint dam and diversion structure of the Colorado Agrcultural Ditch Company and the Lower Clear Creek Ditch Company (Ditch Companies) and a discharge pipe around the diversion structure of the Ditch Companies. See attached Exhibit. The new diversion structure is needed to monitor water return to the South Platte river when flows in Clear Creek are low and the Ditch Companies divert all the flow. The easement and the proposed diversion structure will not have a negative impact on the County owned property. Cost and Source of Funding: Adams County will receive $8, as consideration for granting the easement Timing: As soon as possible. Interested and/or Involved Parties: Coors Brewing Company, Adams County Transportation Department, Adams County Board of County Commissioners, Office of the County Attorney. Agencies, Department, Offices coordinated with: Coors Brewing Company, Adams County Transportation Department, and the Office of the County Attorney. BOCC Options: 1. Approve the Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline by resolution. The easement has been approved by the Office of the County Attorney. 2. Deny the conveyance of the Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline and re-negotiate the easement. RequiredlRecommended Action: Recommend the Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline be approved by resolution. The Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline needs to be signed by the Chairman and returned with a copy of the resolution to the Transportation Department for closing and recordation.

8 I Exhibit for Coors easement I

9 DRAFT RESOLUTION RESOLUTION APPROVING EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF IRRIGATION WATER DIVERSION STRUCTURE AND PIPELINE WITH COORS BREWING COMPANY TO CONSTRUCT A WATER DIVERSION STRUCTURE AND DISCHARGE PIPE ON COUNTY OWNED PROPERTY. WHEREAS, Adams County owns property "the Property" within and along Clear Creek being east of Pecos Street at the alignment of East 66 th Avenue and being in the Southeast Quarter of the Southeast Quarter of Section 4, Township 3 South, Range 68 West of the 6th Principal Meridian, Adams County, Colorado; and, WHEREAS, the Property is being used for open space and regional trail by the Adams County Parks and Open Space Department; and, WHEREAS, Coors Brewing Company, a Colorado Corporation "Coors" desires to construct water diversion structure and discharge pipe on Clear Creek just upstream of the joint dam and diversion structure of the Colorado Agrcultural Ditch Company and the Lower Clear Creek Ditch Company (Ditch Companies); and WHEREAS, Coors has requested a permanent easement in the form of a Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline "Easement" over a portion of the Property; and, WHEREAS, under the terms and conditions of the Easement, the approval and granting of said Easement will not adversely affect the use of the Property for Adams County open space purposes; and, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, County of Adams, State of Colorado, that the Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline, a copy of which is attached hereto and incorporated herein by this reference, be approved and granted. BE IT FURTHER RESOLVED by the Board of County Commissioners, County of Adams, State of Colorado that the Chairman of the Board of County Commissioners is hereby authorized to execute said Easement for Construction and Maintenance of Irrigation Water Diversion Structure and Pipeline on behalf of Adams County and the Clerk of the Board is hereby directed and authorized to attest to the same.

10 EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF JRRIGA TION WATER DIVERSION STRUCTURE AND PIPELINE KNOW ALL MEN BY THESE PRESENTS: That the County of Adams, State of Colorado, a body politic, hereinafter called "Grantor" for and in consideration of the sum of Eight Thousand Four Hundred and No/IOO's Dollars ($8,400.00) and other good and valuable considerations in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to Coors Brewing Company, a Colorado Corporation, whose address is th Street, Suite 3200, Den ver, Colorado hereinafter called "Grantee" its successors and assigns, a perpetual, non-exclusive irrigation water diversion structure and pipeline easement, for the purpose of constructing, operating, maintaining, replacing, reconstructing, improving, inspecting, repairing and removing a diversion structure and an underground irrigation water pipeline, including utilities, and the appurtenances thereto for the sole use of the Grantee, as from time to time may be required on, over, across, through and under the real estate hereinafter described, together with the right to remove trees, bushes, undergrowth and other obstructions interfering with the location, construction and maintenance of said di version structure and pipeline and the appurtenances thereto. Legal description as set forth in Exhibit A attached hereto and incorporated herein by this reference. Together with the right to ingress and egress from said easement over and across the land of Grantor by means of roads and lanes thereon if such there be; otherwise by such route as shall cause the least practical damage and inconvenience to the Grantor. The Grantee hereby covenants and agrees: (a) Grantee shall promptly backfill any excavation and/or trench made by it on said easement area and shall promptly repair or replace any damage it shall do to Grantor's infrastructures, such as, but not limited to, fences, bridges, trails, roads or lanes and shall leave the surface of said easement in a neat and orderly condition and at the same elevation and contour following completion of any work performed. (b) Grantee shall promptly repair or replace any damage it shall do to Grantor's property caused by ingress to and egress from said easement and shall restore said damaged land and/or property to its original condition. (c) Grantee understands that the Grantor's property is encumbered by the rights of the Colorado Agricultural Ditch Company and the Lower Clear Creek Ditch Company and the Grantor is only granting those property interests, if any, that it has to its property. (d) Grantee agrees to provide a detour, advanced pedestrian warning signs and other devices to protect pedestrians using the Clear Creek Regional Trail whenever Grantee is crossing or working within the trail easement area. (e) Grantee, in the event of abandonment or termination of this structure and easement, shall, at its expense, remove all structures at Grantor's request and execute such documents as are reasonably necessary to clear title from the easement.

11 Grantor reserves the right to use said easement for all purposes which will not interfere with the Grantee's full enjoyment of the right hereby granted; provided that the Grantor shall not erect or construct any building or structure or drill or operate any well or remove any soil, sand or gravel in said easement or diminish or substantially add to the ground cover over said pipeline. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall apply to and run with the land. IN WITNESS WHEREOF, the parties hereto have set their hand and seal this day of, GRANTOR: COUNTY OF ADAMS, STATE OF COLORADO: ATTEST: KAREN LONG, CLERK The Board of County Commissioners of the County of Adams, State of Colorado By: Mark Moskowitz, Deputy Clerk Approved as to form: Q. (~... County Attorney's Office STATE OF COLORADO ) ) ss. COUNTY OF ADAMS ) By: Chairman The foregoing instrument was acknowledged before me this day of, 2014, by Charles "Chaz" Tedesco as Chairman and Mark Moskowitz, Deputy Clerk of the Board of County Commissioners of the County of Adams, State of Colorado. Witness my hand and official seal. My commission expires: Notary Public GRANTEE: COORS BREWING COMPANY ~~~eptance f. lu. bj Date: _-----t.l~i/l...li---! \.f<-l.i_l_i-=l-~----- Name: E. Lee Reichert Title: Assistant Secretary STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER) -tit The foregoing instrument was acknowledged before me this 1'1 day of November, 2014, by E. Lee Reichert, Assistant Secretary, Coors Brewing Company. Witness my hand and official seal. My commission expires: ()2. Z CAROL A BJORNESTAO Notary Public State 01 Colorado ~ ~~~ Notary Publ

12 Exhibit A Page 1 of2 Construction and Access Easement A portion of Lot 3 Clear Creek Concepts filed February 19, 1982 at File No. 14, Map 830 Reception Number B365434, in the southeast quarter of the southeast quarter of Section 4, Township 3 South, Range 68 West of the Sixth Principal Meridian, Adams County, Colorado, described as follows: Note: 1. The Basis of Bearings is the west line of the southeast quarter of the southeast quarter of Section 4, T3S, R68W 6th P.M as monurnented with an aluminum cap PLS 6973 at the soutb end and an aluminum cap PLS at the north end with a grid bearing ofn 00 07'04" Wa distance of feet. Commencing at the northwest comer of the southeast quarter of the southeast quarter of Section 4, an aluminum cap PLS 38064; Thence S 89 58'40" E a distance of20.00 feet to the northwest comer of Lot 3 Clear Creek Concepts and the POINT OF BEGlNNlNG; Thence S 89 58'40" E, along the north line of Lot 3 Clear Creek Concepts, a distance of15.00 feet; Thence S 45 00'00" E, departing said north line, a distance of feet; Thence S 45 00'00" W a distance of35.00 feet; Thence N 45 00'00" W a distance of feet; Thence S 89 52'56" W a distance of feet, more or less, to a point on the west line of Lot 3 Clear Creek Concepts; Thence N 00 07'04" W, along said west line, a distance of feet to the POINT OF BEGINNING. Containing acres more or less. Prepared by EJ Grabowski For and on behalf of GEOSUR V Inc. 520 Stacy Ct. Ste B, Lafayette, CO File: G:IGEOSURVI2013' Applegate Clear Creek at Pecos'DrawingslConst Access Ease R3.dwg Printed: Oct 20, :45am by: JTV

13 Exhibit A Page 2 of2 SElI16Comer./ / / Section 4 /' T3S, R68W P.O.B. S 89 58'40" E North Line., A_lu_m_ca_p-V!~-r -+_~1"'1~5_.0_0_ r Lot 3 Clear Creek Concepts /----~,k..--,,1~_ T PLS L..--L-_ Lot 3 Clear Creek Concepts Rec No. B Adams County 30'-~~ S 45 00'00" W 35.00' Clear Creek L 1./16 Corner Sec 41Sec 9 Alul11 Cap PLS 6973 File: G:\GEOSURVI2013\ Applegate Clear Creek at Pecos\Orawings\Const Access Ease R3.dwg Printed: Oct 20, :45am by: JTV o I North 30 Graphic Scale in Feet 1" = 30' 60 I