SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the Second Amendment to Easement Agreement with Front Range Landfill, Inc.
Body
DEPARTMENT: Public Works
Department
PRESENTERS: David Pasic, Town Engineer
Peter Johnson, Town Water Counsel
Wendi Palmer, Civil Engineer
First Name Last Name, Title
POLICY ISSUES:
The policy question on this matter is whether the Town should facilitate moving a section of an irrigation ditch to a new location on property owned by Front Range Landfill (FRL) that is further away from FRL’s operations; doing so could enable FRL to eventually expand its operations to a larger working area.
STAFF RECOMMENDATION:
Recommendation
Approve the Resolution authorizing the Town of Erie to enter into the Second Amendment to Easement Agreement.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
This is one of three agreements the Town has been asked to join to accommodate Front Range Landfill, Inc.’s (FRL) plan to relocate a section of a ditch owned by the Farmers Reservoir and Irrigation Company (FRICO), which will change the location at which the ditch crosses the Town’s existing water line and permanent easement on FRL’s Property.
FRL operates a landfill in the Town of Erie south of Garfield Road between Weld County Roads 5 and 7. Part of FRL’s property is crossed by the Community II Canal Ditch (Ditch) owned by FRICO. FRL, with the consent of FRICO, is in the process of moving a section of the Ditch to a new location on the property that is further away from FRL’s operations. Once the Ditch is relocated, the Town’s easement will cross the Ditch at a new location. FRL has agreed to construct the relocated Ditch and the Town’s pipeline crossing at FRL’s expense in conformance with the Agreement Regarding Town Water Line and Canal Crossing Relocation, explained in more detail in an accompanying memorandum.
As part of the ditch relocation project, FRL has agreed to grant the Town a new permanent access easement for its water pipeline, water tank, and pump station in the area. This Second Amendment to Easement Agreement will grant the Town the perpetual non-exclusive right to access the FRL property via a new entrance on the south side of the FRL property for the continued construction, use, operation, and maintenance of the water pipeline and for the construction, reconstruction, use, operation, maintenance, repair, and patrol of all Town infrastructure or facilities located at the Town’s water tank and pump station site.
COUNCIL PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Safe and Healthy Community
ü Environmentally Sustainable
ATTACHMENT(S):
1. Resolution 24-018
2. Second Amendment to Easement Agreement