HomeMy WebLinkAbout20111252 RESOLUTION
RE: APPROVE NONEXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT WITH VALVE SITE
AND AUTHORIZE CHAIR TO SIGN - DCP MIDSTREAM, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Nonexclusive Pipeline Right-of-Way
Grant with Valve Site from the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, to DCP
Midstream, LP, commencing upon full execution, with further terms and conditions being as
stated in said right-of-way grant, and
WHEREAS, after review, the Board deems it advisable to approve said right-of-way
grant, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Nonexclusive Pipeline Right-of-Way Grant with Valve Site from
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, to DCP Midstream, LP, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said right-of-way grant.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
I . / WELD jJUNTY, C.L RADO
ATTEST: 0, �` f`� •s'
B .ara Kirk eye , Chair
Weld County Clerk to the B. d
(_ � ean P. , Pro-Te
BY: A. ' ��� ✓ __
Deputy Clerk to the Board
• iam . G is
APP ED A ..F>5RM: • C cL
vid E. Long
ty At orney
G Douglas Rademache
Date of signature: 5G
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(� RA), V3 - P 2011-1252
U-1 - ( EG0064
NONEXCLUSIVE PIPELINE RIGHT-OF-WAY GRANT WITH VALVE SITE
FOR AND IN CONSIDERATION OF THE SUM OF FIVE-THOUSAND TEN DOLLARS
(($5,010), the receipt of which is hereby acknowledged for the pipeline to be constructed under
the terms hereof, to be paid after a survey establishing the route of the line has been completed,
and before construction is commenced, Weld County, Colorado, by and through the Board of
County Commissioners of Weld County, whose address is P.O. Box 758, 910 10th Street,
Greeley, CO 80632, hereinafter referred to as "Grantor," does hereby grant, sell, convey, and
warrant to DCP Midstream, LP, its successors and assigns, hereinafter referred to as "Grantee,"
the non-exclusive right, privilege and easement, being thirty (30) feet in width for construction,
and a permanent non-exclusive easement of fifteen (15) feet in width for the purpose of a single
pipeline and from time to time of constructing, operating, inspecting, maintaining, protecting,
repairing, replacing, changing the size of, and removing a single pipeline or other appurtenances
including above ground receiver/valve site, for the transportation of oil, gas, petroleum products,
water, and any products and derivatives of any of the foregoing, and any combinations and
mixtures of any of the foregoing, upon and along a route to be selected by Grantee within the
easement described on Exhibit A, which is located within the following described land located in
WELD County, State of COLORADO, to wit:
Township 5 North, Range 63 West of the 6`h P.M.
Section 30: Part of the SE/4/SW/4 & SW/4/SE/4
Said temporary construction easement and permanent nonexclusive pipeline easement
being more particularly described on Exhibit "A" attached hereto and made a part hereof.
Together with the right of ingress and egress to and from said pipeline and valve site, or any of
them, on, over, and across said land and adjacent land of Grantor.
It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of
forty eight (48) inches below the surface of the ground to permit normal cultivation at the time of
construction, and Grantor shall have the right to fully use and enjoy the above described
premises subject to the rights herein granted. Grantee shall clearly mark the location of the
pipeline once it is installed.
Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein
granted right-of-way, and Grantor agrees not to build, construct or create any buildings,
structures or engineering works on the herein granted right-of-way that will interfere with the
normal operation and maintenance of said line.
Grantee agrees to pay to the owners and to any tenant, as their interests may be, any and all
damages to crops, timber, fences, drain tile, or other improvements on said premises that may
arise from the exercise of the rights herein granted; provided, however, that after the pipeline has
been constructed hereunder, Grantee shall not be liable for damages caused on the easement by
keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein
granted. Any payment due hereunder may be made direct to the said Grantor or any one of them.
The initial consideration paid by Grantee to Grantor includes any and all damages that may be
111111111111111111 Ellin IIII 1111111 III 11111 IIII IIII
3769954 05/23/2011 11:55A Weld County, CO 2011-1252
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
sustained by original construction of the pipeline within the easement area, including without
limitation, cutting trees and damages to surface, fences or any other property owned by Grantor.
It the property is leased, Grantee will settle actual damages with the tenant.
Grantee shall indemnify and hold Grantor harmless from any claims or damages resulting from
Grantee's activities and operation on the right-of-way; and Grantor shall indemnify and hold
Grantee harmless from any claims or damages resulting from Grantor's activities on the right-of-
way. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted.
The terms, conditions, and provisions of the contract shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, successors, and assigns of the parties
hereto. The easement and rights herein granted may be leased or assigned in whole or in part.
TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its
successors and assigns, as long as said easement is used for the purposes granted herein.
IN WITNESS WHEREOF, Grantor has executed this instrument this /Q day of
'- �Ctt� , 2011, signed, sealed, and delivered with the Acknowledgement set forth
below.
ATTEST:
COUNTY OF WELD, COLORADO, A
CLERK TO THE BOARD OF ' <. . I ODY CORPORATE AND POLITIC OF
COUNTY COMMISSIONER` �HE STATE OF COLORADO
1%6% t 1/42
94_,Lita---;
Deputy Cle'Ito the Board �®U ��� Barbara Kirkmeyer, Ch it
MAY 13 2011
STATE OF COLORADO )
County of Weld ) ss.
The foregoing instrument was acknowledged before me this jg th day of Mai 2011,
by Barbara Kirkmeyer, Chair, Board of County Commissioners of Weld County.
Witness my hand and official seal this /K day of `1' oij , A.D., 2011.
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TONYA
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3769954 05/23/2011 11:55A Weld County, CO
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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