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HomeMy WebLinkAbout20091752.tiffRESOLUTION RE: APPROVE RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT AND AUTHORIZE CHAIR TO SIGN - SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY 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 Receipt for a Temporary Construction Easement and a Temporary Construction Easement between 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, and Suncor Energy (U.S.A.) Pipeline Company, 1715 Fleischli Parkway, Cheyenne, Wyoming 82001, commencing upon full execution, with further terms and conditions being as stated in said Receipt for a Temporary Construction Easement and said Temporary Construction Easement, and WHEREAS, a hearing before the Board was held on the 17th day of June, 2009, at which time the Board deemed it advisable to continue said matter to June 22, 2009, to allow adequate time for the County Attorney's Office to address the concerns the Board expressed regarding the easement agreement, and WHEREAS, a hearing before the Board was held on the 22nd day of June, 2009, at which time the Board deemed it advisable to refer said matter back to staff, in order for the Department of Public Works to secure a signed copy of the revised easement agreement, and WHEREAS, staff resubmitted the documents and a hearing before the Board was held on the 29th day of July, 2009, at which time the Board deemed it advisable to approve said Receipt for a Temporary Construction Easement and a Temporary Construction Easement between 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, and Suncor Energy (U.S.A.) Pipeline Company. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Receipt for Temporary Construction Easement and the Temporary Construction Easement between 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, and Suncor Energy (U.S.A.) Pipeline Company be, and hereby are, approved. e 0 Pt.-; CI mss)Airc,e 2009-1752 /EG0060 OW/ 7(07 RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of July, A.D., 2009. ATTEST: Li Weld County Clerk to the B BYK._ 4u De d ty Cler APPROVED AS County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTYCOLORADO ouglas Ra.emache Pro-Tem the Board EXCUSED c Date of signature: 3 � SeaP. Conway ra Kirkmeyer David E. Long 2009-1752 EG0060 927 Recording requested Return Original to: Board of County Commissioners of Weld County Clerk to the Board 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 Return a copy of the recorded document to: SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY C/O DARREL VANHOOSER 7800 E. ORCHARD ROAD, SUITE 300 GREENWOOD VILLAGE, COLORADO 80111 TRACT #: 258.250 AFE#:12-00032 Temporary Construction Easement -This Temporary Construction Easement (the "Temporary Construction Easement") is dated effective as of 'I 1 ✓ jut .% , 2009, by and between the Board of County Commissioners of Weld County, Colorado, whose alidress is 1111 H Street, Greeley, Colorado ("Landowner") and Suncor Energy (U.S.A.) Pipeline Company, a Colorado corporation, whose address is 1715 Fleischli Parkway, Cheyenne, Wyoming 82001 ("Suncor"). Landowner is the fee simple owner of record of the real property in Weld County, Colorado (the "State") as described or depicted on Exhibit A hereto (the "Property"). 1. Temporary Construction Easement. In consideration of good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Landowner hereby grants, sells, conveys and assigns to Suncor a temporary easement (including ingress and egress for equipment, vehicles, and persons) on, over, under, through and across the Property as described or depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Easement") as temporary workspace and additional work space during surveying (including civil, environmental, cultural and geotechnical surveys), boring, storing, excavating, trenching, laying, fencing, and constructing and all other related activities or similar activities for one sixteen (16) inch crude oil pipeline and related equipment to be installed by Suncor on property near the Property, including, but not limited to, the ability to remove vegetation, fences, and improvements; provided, however, Suncor shall not install a pipeline on the Property pursuant to this Temporary Construction Easement. Landowner's use of the Property shall not unreasonably hinder, conflict, or interfere with Suncor's rights in the Easement herein granted. 2. Termination of Temporary Construction Easement. This Temporary Construction Easement and the Easement shall terminate upon the earlier of (i) conclusion of Suncor's construction of a single pipeline or (ii) determination by Suncor that the Easement is no longer useful to Suncor for the purposes stated herein as determined by Suncor in its sole discretion. Upon such termination, Suncor may execute and record a reconveyance and release of this "temporary Construction Easement. Notwithstanding anything to the contrary herein, this Temporary Construction Easement and the Easement granted herein shall automatically terminate on the seventh anniversary date of this Temporary Construction Easement without further action on behalf of either Landowner or Suncor. 3. Binding Effect. The rights granted in this Temporary Construction Easement are appurtenant to, and covenants running with, the land and shall extend to and be binding upon, and inure to the benefit of. Landowner and Suncor and each of their respective heirs, executors, administrators, personal representatives, successors (including, but not limited to, successors -in -interest), and assigns. 1 111111 VIII IIIIII IIII 111111 IIII 1111111 III 11111 IIII IIII 3641927 08/11/2009 12:55P Weld County, CO 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 4. Indemnify and Hold Harmless. Suncor agrees to indemnify and hold harmless the Landowner and its agents from any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney's fees and court costs arising out of any damage or injury to persons, entities or property caused or sustained by any person or persons as a result of any intentional or negligent act by Suncor for the pipeline -related activities performed pursuant to this Temporary Construction Easement, or for the failure of Suncor, its agents or assigns, to perform this Temporary Construction Easement according to its terms. This indemnification and hold harmless obligation shall terminate one year following the termination of this Temporary Construction Easement. 5. Limitations on Liability. No portion of this Temporary Construction Easement Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Temporary Construction Easement Agreement be deemed to have created a duty of care which did not exist with respect to any person who is not a party to this Temporary Construction Easement Agreement. 6. Voluntariness. It is understood and agreed that this Temporary Construction Easement is executed by Landowner voluntarily and is not based on any representations or statements of any kind made by a party hereto, or any of their representatives, as to the merits, legal liabilities, or value of any claim either of the undersigned may have. 7. Authority. Each person and entity initialing or executing this Temporary Construction Easement on behalf of any other person or entity does hereby personally represent and warrant to the other parties that he or she has the authority to execute this Temporary Construction Easement on behalf of, and fully bind, such purported principal. 8. Miscellaneous. All notices required or permitted hereunder shall be given by certified mail, postage prepaid, return receipt requested, or by overnight express delivery by a nationally recognized overnight courier, directed to the addresses provided herein. Any party may specify a different address for notices by delivery of written notice to the other party. If any provision of this Temporary Construction Easement shall be held invalid or unenforceable, the remainder of this Temporary Construction Easement and the application of such provision to persons or situations other than those to which it shall have been held invalid or unenforceable, shall not be affected thereby, but shall continue to be valid and enforceable to the fullest extent permitted by law. This Temporary Construction Easement shall not be construed against either party in the event of an ambiguity or other form of dispute as to its interpretation. This Temporary Construction Easement shall be governed by the laws of the State of Colorado and constitutes the entire agreement between Landowner and Suncor relating to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, negotiations, representations, statements, and discussions between the parties, whether oral or written, except for the Landowner's Receipt and Damage Release for the compensation granted hereunder. This Temporary Construction Easement may be modified or amended only by a writing signed by each of the parties hereto. Non-use during the seven year period of this Temporary Construction Easement Agreement shall not constitute abandonment of the Easement and other rights granted herein, shall have no effect on their validity, and shall not be grounds for termination of the Temporary Construction Easement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 111111 11111 111111 11II 111111 IIII 1111111 III 11111 1111 IIII 3641927 08/11120(19 12:55P Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the parties have executed this Temporary Construction Easement effective as of the date set forth above: Landowner: JUL 2 9 2009 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO By: Name: William Title: Chair STATE OF Colorado ) ) COUNTY OF Weld ) JUL 2 9 2009 The foregoing instrument was acknowledged before me by , (title) Chair of the of Weld County, Colorado, this 29th day of July , 20 Witness my hand and official seal. Notary Public My commission expires: Suncor: Garcia Commissioners My Commission Expires May 15, 2010 SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY, a Colorado corporation STATE OF l .CAOC( C ) COUNTY OF At'c�QC Y10 ._ ) The foregoing instrument was ackno ledged before me by \CC Crke-O--Stirt 1�1(Pc�fs��Q �QS of Suncor Energy (U.S.A.) Pipeline Company, a Colorado corporation, this 22 _ day of AIN , 2009. Witness my hand and official seal. 1 Notary Public My commission expires: 4/25/ 2C,I2. z 111111111111111111IIIIhu11111111111111111111111111111 3641927 08/11/2009 12:55P Weld County, CO 3 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder zir*,'NOTaRy:,* Exhibit A Area of Temporary Workspace/Additional Temporary Workspace (See Attached.) 4546781_7 1111111 11111 1131 1111 I111111II11111111111 11111 Ft III! 4 6 of 3641927 8R 0.00 20 0.00 2Steve Morenoo Clerk& Recorder DESCRIPTION: THOSE PORTIONS OF THAT PARCEL OF LAND AS DESCRIBED IN MAT DOCUMENT RECORDED AT RECEPTION NO. 1622986, WELD COUNTY RECORDS, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE BASIS OF BEARINGS IS THE SOUTH LINE OF ME SOUTHEAST QUARTER OF SAID SECTION 13, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN WHICH BEARS NORTH 89'47'37" WEST AND IS MONUMENTED ON THE EAST END BY THE SOUTHEAST CORNER OF SAID SECTION 13 BEING A 3 1/4 INCH ILLEGIBLE CAP, AND ON THE WEST END BY THE SOUTH QUARTER -SECTION CORNER OF SAID SECTION 13 BEING A 2 1/2 INCH CAP STAMPED "BLM 1952", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. TEMPORARY WORKSPACE: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, FROM WHENCE THE SOUTH QUARTER -SECTION CORNER OF SAID SECTION 13 BEARS NORTH 89'47'37" WEST A DISTANCE OF 669.66 FEET; THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 08'07'17" WEST A DISTANCE OF 11.54 FEET; THENCE LEAVING SAID WEST LINE OF SAID PARCEL, SOUTH 89'39'57" EAST A DISTANCE OF 44.48 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL; THENCE ALONG SAID EAST LINE OF SAID PARCEL SOUTH 08'07'17" EAST A DISTANCE OF 11.44 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AND SAID SOUTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 13 NORTH 89'47'37" WEST A DISTANCE OF 44.47 FEET TO THE POINT OF BEGINNING. CONTAINING 0.012 ACRES (505.41 SQUARE FEET), MORE OR LESS. [CONTINUED ON SHEET 2 OF 3] 111111111111111111111111111111111111111III 11111 1111Ills 3641927 08/11/2009 12:55P Weld County, CO 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder NOTES 1. THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT OF A TIRE COMMITMENT, THE PARCEL(S) SHOWN HEREON BONG SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD. 2. ACCORDING TO COLORADO LAW, YOU MUST CIJAMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 3. THE BEARINGS SHOWN HEREON ARE UTM, ZONE 13, NAD 83. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES. SEE ATTACHED EXHIBIT WHICH BY THIS REFERENCE IS MADE PART HEREOF. APN# 131113000006 TOWNSHIP DRAWN BY: EMVH SHEET: 1 OF 3 SUNCORR) ENERGY EXHIBIT A WELD COUNTY SECTION 13 2 NORTH, RANGE 67 WEST, OF ME 6TH P.M. DATE: 08/03/09 WELD COUNTY, COLORADO DRAWING NUMBER 258.250 CH2MHILL34 VAN GCROCN LNOCCo CO 8022" ' 8 z�' TRIGON EPC 303-296-9645 ADDITIONAL TEMPORARY WORKSPACE: BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL, FROM WHENCE THE SOUTH QUARTER -SECTION SECTION 13 BEARS SOUTH 8913'39" WEST A DISTANCE OF 668.08 FEET; THENCE ALONG SAID WEST UNE OF SAID PARCEL, NORTH 08'07'17" WEST A DISTANCE OF 50.52 FEET; THENCE LEAVING SAID WEST LINE OF SAID PARCEL, SOUTH 89'40'04" EAST A DISTANCE OF 44.48 FEET TO EAST LINE OF SAID PARCEL; THENCE ALONG SAID EAST LINE OF SAID PARCEL, SOUTH 08'07'17" EAST A DISTANCE OF 50.53 FEET; THENCE LEAVING SAID EAST LINE OF SAID PARCEL, NORTH 89'39'57" WEST A DISTANCE OF 44.48 FEET TO BEGINNING. CORNER OF SAID A POINT ON THE THE POINT OF CONTAINING 0.051 ACRES (2,223.13 SQUARE FEET), MORE OR LESS. I, MARK A HALL, A PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF COLORADO HEREBY CERTIFY THAT, TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF ON THE DATE OF MY SIGNATURE, THIS EXHIBIT ACCURATELY REPRESENTS THE FACTS FOUND AT THE TIME OF A SURVEY MADE UNDER MY RESPONSIBLE CHARGE. FOR AND BEHALF OF CH2M HILL TRIGON, INC. 36073 =�. Ir: se•,DB�3�pyQ�� 'AL LAN .0s IWWWW,1111111TTT O" MARK A HALL PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 36073 I1IMMI 11111 111111 1111 111111 1111 1111111 III IIII] 1111 1111 3641927 08/11/2009 12:55P Weld County, CO 6 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder NOTES: 1. THIS EXHIBIT WAS PREPARED 'WITHOUT THE BENEFIT OF A TITLE COMMITMENT, THE PARCEL(S) SHOWN HEREON BONG SUBJECT TO ANY AND ALL EASEMENTS, RIGHTS OF WAY, VARIANCES AND OR AGREEMENTS OF RECORD. 2. ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN 11415 SURVEY WTHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 3. THE BEARINGS SHOWN HEREON ARE UTM, ZONE 13, NAD 83. ALL DISTANCES SHOWN HEREON ARE GRID DISTANCES. SEE ATTACHED EXHIBIT WNICH BY THIS REFERENCE IS MADE PART HEREOF. APN# 131113000006 SUNcORR ') ENERGY EXHIBIT A WELD COUNTY SECTION 13 TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE 6TH P.M. DATE: 08/03/09 WELD COUNTY, COLORADO DRAWN BY: EMVH SHEET: 2 OF 3 CH2MHILL xve¢Wom, ST"eSit WS' +ME. TRIGON EPC ]9J-296-9645 DRAWING NUMBER 258.250 TRACT NO. 258.250 OWNER STATION TO STATION FEET - RODS WELD COUNTY APN# 131113000006 PERMANENT EASEMENT TEMPORARY WORK SPACE ADDITIONAL TEMPORARY WORK SPACE ACRES 0.012 ACRES 0.051 ACRES QUARTER -SECTION CORNER T2N R67W SEC. 13 SEC. 24 FOUND 2 1/2" CAP "FILM 1952" I FGEND MONUMENT FOUND AS DESCRIBED O PROPERTY CORNER FOUND AS DESCRIBED FOB. POINT OF BEGINNING ‘001111VIII„ 9 36073cc 'o* 67/114L LAND l,o` lllllllllllllllll ADDITIONAL TEMPORARY WORKSPACE SURVEY TIE 58913'39"W 668.08' TEMPORARY WORKSPACE SURVEY TIE N89'47'37"W 669.66' P.O.B. ADDITIONAL TEMPORARY WORKSPACE WELD COUNTY REC. #1622986 SEE DETAIL EASEMENT DETAIL N.T.S. 50' ADDITIONAL TEMPORARY WORKSPACE PROPERTY P.O.B. CORNER TEMPORARY FOUND REBAR WTWORKSPACE LS CAP "PLS 25937" SEE ATTACHED CENTERLINE DESCRIPTION WHICH BY THIS REFERENCE IS MADE PART HEREOF. 2 0 50 SCALE IN FEET 1 INCH = 500 FEET (BASIS OF BEARINGS) N89'47'37"W 2612.25' 20' TEMPORARY WORKSPACE 60' PERMANENT EASEMENT PROPOSED PIPELINE CENTERLINE SECTION CORNER T2N R67W R66W SEC. 13 I SEC. 18 SEC. 24 I SEC. 19 FOUND 3 1/4" CAP LLEGIBLE LINE BEARING DISTANCE L1 N 08'07'17" W 11.54' L2 S 89'39'57" E 44.48' L3 S 08'07'17" E 11.44' L4 N 89'47'37" W 44.47' L5 N 08'07'17" W 50.52' L6 S 89'40'04" E 44.48' L7 S 08'07'17" E 50.53' APN# 131113000006 SUNCORR 1) ENERGY EXHIBIT A WELD COUNTY SECTION 13 TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE 6TH P.M. DRAWN BY: EMVH SHEET: 3 OF 3 DATE: 08/03/09 WELD COUNTY, COLORADO *if CH2MHILL 34 VAN GORDON ST., SE. 200. LVQ.%UDO. CO 80229 apr 7RIGON EPC 303-296-9645 DRAMNG NUMBER 258.250 1 111111 11111 111111 1111 111111 1111 1111111 III VIII IIII IIII 3641927 08/11/2009 12:55P Weld County, CO 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk & Recorder Tract No: 258.250; APN No.:131113000006 113 000 00 6 RECEIPT FOR TEMPORARY CONSTRUCTION EASEMENT Temporary Workspace / Additional Temporary Workspace Weld County ("Landowner") whose address is 1111 H Street, Greeley, Colorado, hereby acknowledges and agrees that on thiy P "'day of , 2009, Landowner received from Suncor Energy (U.S.A.) Pipeline Company ("Suncor") the sum of Five Hundred Thirteen Dollars and no Cents ($513.00) dollars as full compensation, satisfaction, and consideration for all rights granted herein and all subsurface, surface, and property damage associated with Suncor's 16 inch pipeline -related activities on Landowner's Property (as defined in the Temporary Construction Easement attached hereto as Schedule 1). Suncor is constructing a 16 inch crude oil pipeline on property near Landowner's Property. Suncor has requested that Landowner grant Suncor the temporary right to utilize portions of Landowner's Property related to its pipeline activities as more particularly described in the Temporary Construction Easement provided in Schedule 1 attached hereto and incorporated herein by this reference (the "Temporary Construction Easement"). Suncor shall record the Temporary Construction Easement in the real property records of Weld County, Colorado. Landowner and Suncor acknowledge that the payment specified above represents an amount which the parties have agreed upon to resolve this matter and to avoid the expense of litigating the issue of what is the fair market value of the interests being conveyed to Suncor and to satisfy any claim for damages associated with the installation of Suncor's 16 inch pipeline (including, but not limited to, compensation for the areas shown on Exhibit A to Schedule 1, crop damage and reseeding (including, but not limited to, seed mix, labor, and equipment)). Neither party concedes that the payment specified above reflects the fair market value of the damages and other matters addressed herein. For one (1) year after completion of Suncor's pipeline activities related to the construction of the 16 -inch pipeline referenced on the certified plat, Suncor shall be responsible for the reseeding referenced on the certified plat, including all costs related to the seed mix, labor, and equipment that are customary to a reseeding process. Within a reasonable time following conclusion of any initial construction or of any later maintenance, construction or repair work of Suncor's 16 inch pipeline, Suncor shall restore Landowner's physical property damaged by Suncor, to as near its pre-existing condition prior to such damage by Suncor as is reasonably practicable (except for matters otherwise provided for herein, incl • ing, but not limited to, matters covered by Suncor's payment of damages), excluding any pre-existing . jnt condition, including but not limited to, environmental conditions. Landowner Signature: Landowner Printed Name: William F. Garcia, Chair Suncor Agent/Representative Signature: Suncor Agent/Representative Printed Name: J' ct GM L.- • Weil - I7 ✓ . utJ }4 J -C1. °-I'J70„vi✓ it -b_1 C o 1 11111111111 1111111111 111111 11111111111 III 11111 11111111 3641927 08/11/2009 12:55P Weld County, CO 8 of 8 R 0.00 0 0.00 Steve Moreno Clerk & Recorder :Voce -/7s Hello