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Home My WebLink About20091391.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING 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. 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. WHEREAS, after review, the Board deemed it advisable to refer said Receipt for Temporary Construction Easement and Temporary Construction Easement back to staff, copies of which are attached hereto and incorporated herein by reference. 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, referred back to staff. 2009-1391 EG0060 iL�, /*'L;)6 us) rn7/2,4.l 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 22nd�g_ ne, A.D., 2009. BOARD OF COIl;NTY COMMISSIONERS � WELQ COU,N'T COLORADO ATTEST: l �` 7;rT� /� William F. Garcia, Chair Weld County Clerk to th BY the Board County Attorney ORM: Date of signature 1 I i 3l0ct 1.1 Douglas Radem4cher, Pro-Tem c Sean P. Conway EXCUSED Bgrl?ara Kirkmeyer David E. Long -4) _ 2009-1391 EG0060 0/1 COLORADO MEMORANDUM I O: Clerk to the Board DATE: June 10, 2009 FROM: Leon Sievers, Public Works Department SUBJECT: Agenda Item Temporary Construction Easement with Suncor Energy Pipeline Company. Attached are two original "Receipt for Temporary Construction Easement." Please return one original to Public Works. Enclosures Agend-Leondoc _D 2009-1391 Tract No: 258.250; APN No.:131113000006 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 this 17tday of June , 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, including, but not limited to, matters covered by Suncor's payment of damages), excluding any pre-existing or latent condition, including but not limited to, environmental conditions. Landowner Signature: JUN 1 7 ZOU9 LandownerPrintedName: William F. Garcia, Chair, Board of Weld County Commissioners Suncor Agent/Representative Signature: Suncor Agent/Representative Printed Name: c "1 L L L I - ID r'U r Zti-- , / s. e c -(211, ati - C &Ct9 -/39/ Recording requested by and return 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 , 2009, by and between Weld County, whose address 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 or more pipelines 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 its pipeline(s) 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. 4. Damages Limitation. In the event that an award of damages is made by a court under this Temporary Construction Easement, such damages awarded to either party under this Temporary Construction Easement shall be limited to only the actual damages incurred by such party and neither party shall be liable for consequential, incidental, punitive, exemplary or indirect damages in tort or in contract, or under any legal theory, and all such damages are hereby excluded and waived by the parties hereto with respect to this Temporary Construction Easement and/or the exercise of rights hereunder. 1 5. Attorneys' Fees. If any action or proceeding is instituted by either party for enforcement or interpretation of any term of this Temporary Construction Easement, the prevailing party shall recover from the other party all reasonable costs and expenses incurred by the prevailing party in said action and any appeal therefrom, including court costs, reasonable attorneys' fees and costs of suit as determined by the court. 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 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. [The remainder of this page is intentionally left blank.] 2 IN WITNESS WHEREOF, the parties have executed this Temporary Construction Easement effective as of the date set forth above: Landowner: Weld County By: Name: William F. Garcia Title: Chair, Board of Weld County Commissioners STATE OF COLORADO ) COUNTY OF WELD The foregoing instrument was acknowledged before me by William F. Garcia ,(title) Chair of Weld County, this 17th day of June , 2009. Witness my hand and official seal. My commission expires: Suncor: Notary Public SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY, a Colorado corporation By: x`Lik-t j - Pic-tL - 610 buc t } Name: S1 ct a &j Jz' . tf * t - 3 r C' v-J.a_ '�✓ Title: STATE OF LLfCOO ) ) COUNTY OF W ) The foregoing instrument was acknowledged before me by 'jet( Cam' et t l - t,Y0toes ocs 1` vtl" of Sujor Energy (U.S.A.) Pipeline Company, a C�r ..� + + : c' )��!n, this tom+"^ day of jJLA -t-- , 2009. Witness my h My commission expires: MY COMMISSION EXPIRES: 05.19.2013 3 DESCRIPTION. 111OSE PO/111014S 01 THAT FAR?,=1 OF 1 AND AS DESCRIBED IIJ IHA I DOCUMENT RECORDED Al RECEI' 1109 NO. 1622904, 1,1ID COUNTY I') CORDS, SIIDATED IIJ Ill, SOUTHEAST DOAN TER DI SECTION 13, TOWNSHIP 2 NORTH, RANGE 5/ VEST OF THE 6111 PRINCIPAL. URINATE COUNTY OF WEI D, STATE OE COI.ORA 10, MORE PAD 11III AR) Y DESCRIBED AS FOLLOWS. THE OASIS OE BEARINGS IS 111E SOU 14' LINE OT illE. SOUillEASI RUAiiILli DI SAID SECTION 15, IOWI:SITIP 2 NORTH, RANGE 6/ V/CSI 01 IHe 6111 PRINCIPAL IAERIDIHN WHICH &ARRS NORTH 111134/37" WEST AND IS E101/111.11111ED ON 1111 EAST PIAD BY THE SOUTHEAST CORNER OE 15/10 SECTION 13 3050 A .5 1/4 15011 ILI EGO E CAP, AND ON 1111. Wt Si END DY ➢IL 5011111 OLIARTER- SECTION CORNER OF SAID SECTION 13 BEING A 2 1/2 WCIi CAP STAMPED "BIM 1952", 14TH All OFARIIJCS CONTAINER I'FREIN RELATIVE THIFRETO. TEl/PERANY WORKSPACE' BEGINNING Al 111E SOIJTHI'/EST CORNER OF SAID PARCEL, SAID POINI ALSO BEING ON SAID SOUTH LINE OF DIE SOUIITLEASI OUARTIR OF SAID 511(1109 I3, I°ROTA WHENCE THE SODDY 00 /11H SECTION CORNER OF SAID SECTION 13 REARS NORTH 09'4737° WEST A DISTANCE OF 669.66 FEET; II ENCE ALONG IHE WEST LINE OF SAID PARCEL, NORM 061)/17" WoST A DISTANCE OF 1154 FEET, THENCE LEADING SAID WEST' HIVE OF SAID PARCEL, SO11111 09'39'57' EAST A DIS LANCE OF 41.56 FEE I 10 A POINT ON DIE EAST LINE OF SAID PARCEL, THENCE ALONG SAID EASI LINE OF SAID PARCEL 5011 HT 040717' EAST A DISTANCE OF 11.44 FEET TO 111E SOUi11EAS1 CORNER OF SAID PARCEL., SAID POINT ALSO BEING ON SAID SOUTH LINE OF THE SOUTHEAST 011451ER OF SAID SECTION 13; THENCE ALONG DIE 506111 ONE OF SAID PARCEL ANC SAID SOUTH LINE OF 111E SOUTHEAST QUARTER OF SAID SECT10111 13 NORTH 09'4/37" WEST A DISTANCE OF 44.47 FEEE TO 111E POINT OF BEGINNING. 005141151110 0012 ACRES (505.41 SQUARE FEET), MORE. OR LESS. (CONTINUED ON SHEET 2 OF 31 601/1: I. 11/15 0311011 lets PREONIEO 1/1111001 DIE 1101(111 O1 A niLE C(U.1IAIWENI, THE PAKEN(S) SHOWN IIFREO0 BEll,G SUBJECT III Ain Atlll ALL EASLIARIIS, (120.11n OF WAY. VARIAHCS AND I'D AGDEPIEIITS 01 IFCORD. 2. 4.CORDING 10 COI (1111,(10 IAN', YOU uuhT ro;w1URl: ANY LEGAL ACIION 04510 UPOII ANY DEFlST III 716 511(10£111171111 01GfF YEARS Al IEII lOu 11161 IMSC0VJ1 CUE'S DEFECT. III NO EVENT IA? MY AC110,1 3450) UVU9 ANY 011ECY Ill DIG SLAM"' Ill C01NLN(FG 4D:i1: 7vJ1 If II T.;/tRS 1(1/1,1 THE OW 0f Cr/nrilrAlli`: 5110411 NliifUl. 1 YhE UG. 1 SIIJINI IIG4(.I ,(L IPA. /ONE I.,, NAD BS ALL DUI'lilT5 1110411 IICCC(3 ME Gafil 111. 1414 Es :Jr./ I.ACI'.L FY I1.il ITT 11I1 1"ilnL'Ji:L L' 4/5111 121113000006 SUNC,i:It EXHIBIT WE LD COON ('' SEC NON 1.5 IOWNSI111' 2 NORM, RANGE 6/ VA '11, OI NIL 15111 I'S). DRAWN UY L DAIS. 62/1 //U9 sllu_l 01 I, lrlII) rom.IT' colounuo 104(11 n. A ,r,, 111 11 11E 101 -_'EII N .2 GH24UM11.1 v s v co NPYb I 2:1'3.2(.1011110ON CPC '! I AODHIONAI. TEMPORARY WORKSPACE: BEGINNING AT A POINT 00 ND AICSI 1IHE OF SAID P 8111. FROM 1VIENCE THE 520)11 01/38318 SFCLION CIINNFR UE Skid SECTION 13 BEARS SOU TN 89'1339" VEST A DISTANCE OF 668 06 FEET, THENCE ALONG SAID 11551 LI'1L. DI PAID PARCEL, 808111 OW0/.11 _ST A DISTANCE OF 51)52 FILR, MERE LEAVING SAO R'1 ST LINE 01 SAID PARCEL SOUTH 89'41(04 .:ST A DISTANCU. 01 441b ELF I 10 A POINT ON 311E EAS1 LINE OF SAID PARCEL.; THENCE ALONG SAID FAST IINE. OF SAID PARCEE.. S011111 06'0717 CASs A DEVIANCE OF 30.D5 11111, 1HENGE LEAVING SAID EASY UNE 0E SA;) PARCEL, NORM 8932 E I' WEST A OISIAIr S OF e4 48 I CL' I0 WE POINT OE 13101140IN6 GONIAINING 0.051 ACHES (7,171.13 SQUARE. FE I), MULL OR ILSS I, DARK A HALL, A PROFESSIONAL LAND SORVEYOR R GISh_REII IN nth S➢AlI OF COLORADO IHEREDY CERTIFY 1)111, TO THE BEST OF MY KNOANLDGE, INFORMATION A!:?. BELIEF ON ETC DATE OF NY SIGNATURE, 7)0S MIRE llhill AlIlIP TEIY RE PRESENTS 113E FACTS FOUND AT THE 1118E 01 A SURVEY MADE UNDER MY RFSPONSI3LE CHARGE. FOR ANN BEHALF OF CEI211 IIll). THIGON, INC. `\1110 I IIu09), 0 RfRr„ 36073 '44'1118''3\\', MART( A HALL PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 36073 Nobs I. 1113 cr3MUl1 'lAS PREPARED 141110111 RV einml7 A 11111 c09N11gEN1. Ill PARCEL(S) 1110111 IIEAFAN DEllm 10011(1 10 ANY 1110 All EASEMENTS, 1131114 01 1IN,Y, VARIANCE AND OR AGRE£MENIS OF RE(URO. L ALCcNNNL 10 COLORADO lAw, 101 WSJ Ccn,stucu NIY I.11/1 ACTED IANFO UPON ANY DEFECT Ill RON SUDY11V1'.II'l PINES YEARS MIER YOU HINT 06(03.11 SUCH DEFECT. IN NC (W111 MART AIIY AC11ON RASE) UPON ANY 101CC) RI ORS SURVEY Hi: COMMENCED 1ESEl mot 11111 Y -R= Imll Oil OAT! SF CVINECn'lNll SIIDAN IIrNLCI. V Pit Of'.IN : .5310131 HINTON NC DRA, ,9:J. IA, IV:O R3. An INSIP3ICAS 51103111111110:1 ARE (RIO RFlmlclIi ;a •. I t toltht .5111.1 1 Y 1 II I N:.` Is itA1! 111` APR:', 131113000006 e Su .ICCi ) I XIIIBIT 4VLLI) COL IN I Y SI C 11014 13 iUWNSIgP 2 [ICI< 11, R/8111 11/ YIsSI DRAWN OY LI/VH 'LILL 2 OF 3 -1111' C11{1211/111111LL co v lla li(LOON EPC: ) 3 U 1111. U IIII I'M DATE 02/17/0') 1:'Rli COUNTY, COI 0101/400 11141140 N..411111t 7514 /511 TRACT NO. 258.250 SIADON TO STATION =FET RODS 1PERMANENT EASEMENT __ACRES TEMPORAR" WORK SPACE 0.012. ACRES ADDITIONAL TEMPORARY WORK SPACE. 0.051 ACRES ti 0 250 500 SCALE IN FEET 1 INCH r. 500 Fit 1 L5 WELD COUNTY REC. ¢1G7.'J98G SEE CEiAll. EASEMENT DE TAIL. N. T.5. L6 � . L2.. 50' ADDITIONAL TEMPORARY WORKSPACE. \ Li\ L4 �L.l P.O.B. TEMPORARY WORKSPACE�� OWNER WELD COUNTY APtq 131113000006 AUDIT:ONAI. TEMPORARY WORKSPACE SURVEY TIE S89'I 3' 39"W 668.08' :;r._- TEMPORARY •_. .17., WORK SPA^'E sic 1. SURVEY TIE "' N89'47'37"W -- in 669 66' MONUMENT FOUND AS DESCRIBED P.0.8. ADDITIONAL TEMPORARY '-- WORKSPACE L7 fMIND RAS DESCRIBED P.BB. POINT Dr BEGINNING 1ul1Uht,1,, Rol'✓ , ; 3G073 ; „; S: •car .'.+nuHtlulT" SET AI iACITED GENii.Rl.IIIE UESCRII'I14N YiiII(H V.0 CH2MHILL iw•:i ro ioeaiia ' 11* (31 Ti II'; REFERENCE. IS MADE PART I.ERT OF. TAIGON EPC ss:•-nI-ofIS APNII 131113000006 (BASIS OF BEARINGS) N89'47'37"V! 2612.25' 20' TEMPORARY WORKSPACE 60' PERMANENT % EASEMENT PROPOSED PIPELINE CENTERLINE LINE BEARING L1 N 08'07'17` W L2 S 89'39'57" E L3 S 08'07'I7" E L4 N 89'47'37" W L5 N 08'07'17" W 015 CANOE 11.54' 44.48'- 11.44' 44.47' 50.52' L6 L7 S 89'40'04 E 44.48' S 08'07 7" E 50.53' SU10iC®R EXHIBIl WI- I COON 1 Y SEC ION 13 TOWNSIIIT' 2 NORIFI, RANG- 67 KS'. CJI' il'E GTII i'.It. . DRAWN 81: E4.VIT DATE: 02/!7/09 SHEET. 3 OF S WELD COUNTY. COLOR/00 ...-- . DI1ANBIG N10.10Eti ... 2.58 7:TI) THIS WARNING BAR MUST HAVE A GRAY BACKGROUND WHICH FADES TEMPORARILY WHEN WARMED BY TOUCH OR FRICTION. ADDITIONAL SECURITY FEATURES ARE LISTED ON THE BACK. 000069 lc Ci Oj 11-24/1210 SUNCOR ENERGY (U.S.A.) PIPELINE COMPANY 7800 E ORCHARD ROAD SUITE 300 GREENWOOD VILLAGE, CO 80111 R aE We1L L C 0 Ltn4 ORDER OF a(d1,vtcitul- Jnfw U -a' r c- WELLS FARGO BANK, N.A. I' MEMO act ,5-8,,-95D t'Jer4�'1 1x*_ ftfe i2-OO&52 DATE $ 41513.0f'/ DOLLARS Hello