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Home My WebLink About20020916.tiff RESOLUTION RE: APPROVE EASEMENT AGREEMENT FOR GAS PIPE LINE AND AUTHORIZE CHAIR TO SIGN - KINDER MORGAN, INC. 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 an Easement Agreement 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 Kinder Morgan, Inc., with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Easement Agreement 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 Kinder Morgan, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, OLO ADO ATTEST: Le,i/ a� GI Vaad, Chair Weld County Clerk to t I 61 42 David E. L ng, Pro- e BY: €fl • Deputy Clerk to the B�1ft, M. J. eile APPRC,ED AS TO .• / EXCUSED illiam H. Jerke County Attornej ( \k,IL g #1/25Robert D. Masden Date of signature: 2002-0916 Z)C /', /f%/Ide-Xe5 -i9, EG0046 548 EASEMENT AGREEMENT This Easement Agreement, is made and entered into this /5 day of 4p rl l 2002 Met by and between the County of Weld, State of Colorado ("WELD COUNTY"), whose address is 915 10th Street, P.O. Box 758, Greeley, Colorado 80632, and Kinder Morgan, Inc.("KM"), whose address is 370 Van Gordon Street, P.O. Box 281304, Lakewood, Colorado 80228-8304. The parties covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Weld, State of Colorado, more particularly described on Exhibit A attached hereto, which real property is owned by WELD COUNTY. 2. Consideration. WELD COUNTY makes this Grant in and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. 3. Grant of Rights to Use Easement. WELD COUNTY hereby grants to KM an easement over the Easement Property for the installation, maintenance, replacement, removal and repair of one or more natural gas pipelines, ("the Pipeline")together with all necessary or desirable underground facilities and appurtenances for KM's operation of the Pipeline. Except to the extent necessary, the Pipeline and all related facilities, shall be constructed, kept and maintained underground. In addition, KM may use an additional ten(10) feet on the south side of, and adjacent to, the Easement Property, if necessary, on a temporary basis, during active construction or repairs and maintenance of the Pipeline. (The Temporary Construction Property). 4. Access to the Easement Property. KM shall have access to the Easement Property at all times, either by means of the available public roads and lanes, or by other routes to be designated by WELD COUNTY. 5. Maintenance of the Pipeline. KM agrees that after KM's construction, or any subsequent construction, if applicable, and after any maintenance, repair, replacement or removal of the Pipeline, KM shall restore the surface of the Easement Property, as well as the surface of the Temporary Construction Property, (referred to separately or together as "the surface property"), if applicable, as nearly as reasonably possible, to the grade and condition it was in immediately prior to said construction, maintenance, repair, replacement or removal, except as may be necessary to accommodate the Pipeline. The sprinkler system located on or near the Easement Property shall be replaced in at least the same or better condition it was in immediately prior to said construction, maintenance, repair or removal of the Pipeline. Replacement of the surface property shall include seeding, where applicable, and shall include the replacement of gravel on the driveway to at least the level that existed prior to any disturbance to the driveway by KM due to construction, maintenance, repair and the like. All trenches, either trenched or open cut shall be compacted to 95% standard proctor density in and under the driveway and 85% 111111 1111111111111 1111 1111111111111111 It IIII 2945548 04/24/2002 10:58A JA Suld Tsukamoto 1 of 7 R 0.00 0 0.00 Weld County CO ,;?4e,-;?- ""9/6 standard proctor density in all other areas. KM agrees to maintain at least one open lane of traffic at all times, so that WELD COUNTY may always have access to its facilities. KM further agrees not to deposit, nor permit anything to be deposited in the Pipeline in violation of any laws, regulations or ordinances, nor which would damage or negatively affect the Pipeline. Routine maintenance, if any, shall be coordinated with WELD COUNTY and shall be scheduled as much as possible outside of the time when significant use of the Easement Property is at its peak. Should KM experience an emergency situation which requires immediate repair, and which affects the significant use of the Easement Property, KM agrees to notify WELD COUNTY of the emergency that occurred no later than the following business day after KM has begun any such emergency repairs. KM shall maintain the Pipeline at KM's cost and expense. KM shall not erect any fence, marker, or other structure on the Easement Property; however, KM may use markers or fence or enclose the applicable portion of the Easement Property during periods of active construction or repair. To the extent that the Pipeline is the primary cause of damage to any of WELD COUNTY's property necessitating repair, KM shall be solely responsible for the costs to repair such damage. 6. Retained Rights of WELD COUNTY. WELD COUNTY reserves the right of ownership, use and occupancy of the Easement Property insofar as said ownership, use and occupancy does not impair the rights granted to KM in this Grant. The parties specifically acknowledge that WELD COUNTY may construct any other public use project in the vicinity of the Easement Property, including, but not limited to a driveway into the property, to which KM does not object, so long as the public use does not impair the rights granted to KM in this Grant. 7. Indemnity. To the extent permitted by law, KM shall indemnify, defend and hold WELD COUNTY harmless from and against any liability, claims, damage, cost or expense which may result from KM's use and enjoyment of the Easement Property, or the failure of KM to comply with the terms of this Grant, except to the extent such claims arise from the negligent acts or omissions of WELD COUNTY, its officers, agents, employees, licenses or invitees. 8. Insurance; Permits. KM shall maintain Comprehensive General Liability Insurance covering its obligations to WELD COUNTY under this Grant with liability limits and coverages satisfactory to WELD COUNTY. Such insurance shall name WELD COUNTY as additional insured, and a Certificate of Insurance evidencing such coverage shall be provided to WELD COUNTY annually within 30 days after each anniversary of this Grant. 9. Abandonment. KM may abandon the rights granted to it under this Grant at any time by giving written notice to WELD COUNTY of its intent to abandon. In the event that KM shall abandon the rights granted to it under this Grant, KM shall be responsible for removing the Pipeline, and each and every pipeline belonging to and owned by it, then currently located in the Easement Property, and shall restore the surface property to the same condition in which it 11111111111111111111111111111111111111111111111 1111111111VIIIIIIIVIII111111IIIVIIIIII11111 2 inn 1 29057 R 0.00/20 0.000We d County CO ukamoto existed prior to removing said Pipeline or pipelines. Said pipeline removal and surface property restoration shall be completed on or before six (6) months after abandonment. Upon KM's abandonment, and after allowing the time period for said pipeline removal and surface property restoration, WELD COUNTY shall hold the Easement Property free from the rights of KM so abandoned. Failure to use the Pipeline for a period of two years or more shall constitute abandonment. After said abandonment, if KM fails or refuses to remove the said pipelines from the Easement Property, WELD COUNTY may pursue any remedies available to it, which may include, but not be limited to, removing the pipelines and restoring the surface property, and presenting KM with a bill for reimbursement for the cost of such removal and surface property restoration, which KM agrees to pay within 30 days of receiving said bill. 10. Binding Effect. This Grant shall extend to and be binding upon the successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. 11. Applicable Law. This Grant of Easement and Right of Way shall be interpreted and enforced according to the laws of the State of Colorado. IN WITNESS WHEREOF,the parties hereto have executed this Grant of Easement and Right of Way the day and year first above written. I,�\. '�. ' //� WELD COUNTY: .-A A Board of County Commissioners fort gicit '�� County of Weld SIM By: ctW U By �J n &a22-C dxfClFxe (Ti air oq-/S-oa { Clerk to the Board Glenn Vaad Kinder Morgan, Inc. By: Title _Se_tJT,A`7tVta 1M I I I II I 1111111 1111 1111111111 111111111ij 111111�� 39 of 78 R 0.002002 0 0.000W d County CO 8A JA Sulu ukamoto State of Colorado ) County of Weld ) ss The foregoing instrument was acknowled ed before me this /5 day of ficra , 2002 2C0[fl by (Iketui j/RAo� , as /if: . of the Board of County Commissioners for the County of Weld, 'it. a oin •ti i O. ' 2r WITNESS my hand and offici. ;sell. DONNA J..?gECHLER My commission expires: �OF »'. Public My Commksiw tykes AO 14 NO4 State of Colorado ) County of 3-44,4w) ss zoct The foregoing instrument was acknowledged before me this 2B'4 day of Mar , ;110.11.by Ther,Drini ithwkr, as rcpresen}-al,ve for Kinder Morgan, Inc. WITNESS my hand and official seal My commission expires: Notary Public My CommissionExpires 2122J2005 c. ••',,,,,,,,,,,," 1111111 11111 111111111111 IIII 11111111111111 BUM IIII 2945548 04/24/2002 10:58A JA Suki Tsukamoto 4 of 7 R 0.00 D 0.00 Weld County CO • ALBERS, DREXEL & POHLY, INC. 1860 Industrial Circle, Suite D • Longmont • Colorado • 80501 Telephone:(303)682-1131 • Fax:(303) 682-1149 EXHIBIT "A" January 17, 2002 A description of a 10 foot wide gas pipe line easement located across a tract of land conveyed to County of Weld located in the NE1/4 of Section 1, T1N, R68W of the 6th P.M., Weld County, Colorado, to be granted to Kinder Morgan, Inc. For Kinder Morgan, Inc. LEGAL DESCRIPTION A strip of land, 10.00 feet in width, located in the NE1/4 of Section 1, T1N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N1/4 Corner of said Section 1, from which the NE Corner of said Section 1 bears N89°51'58"E, 2621.62 feet (Basis of Bearing), thence S00°16'50"E, 173.64 feet along the West Line of the NE1/4 of said Section 1 to the Southerly Right-of-way Line of State Highway No. 52 conveyed to the Department of Highways, State of Colorado, as described in Special Warranty Deed recorded February 29, 1960, in Book 1552 at Page 72 of the records of Weld County, Colorado; Thence N89°52'35"E, 21.00 feet along the Southerly Right-of-way Line of said State Highway No. 52 to an angle point thereof; Thence N44°48'35"E, 26.83 feet along the Southerly Right-of-way Line of said State Highway No. 52 to the Westerly Line of Lot A of RECORDED EXEMPTION NO. 1467-01- 1-RE1656, a recorded exemption located in the NE1/4 of said Section 1, County of Weld, State of Colorado, according to the recorded plat thereof, and the TRUE POINT OF BEGINNING,. Thence continuing N44°48'35"E, 114.53 feet along the Southerly Right-of-way Line of said State Highway No. 52 to an angle point thereof; Thence N89°52'35"E, 286.95 feet along the Southerly Right-of-way Line of said State Highway No. 52 to the Easterly Line of said Lot A; Thence S00°16'50"E, 10.00 feet along the Easterly Line of said Lot A to a point on a line that is 10.00 Southerly of, as measured at right angles from and parallel with, the Southerly Right-of-way Line of said State Highway No. 52; Thence S89°52'35"W, 282.83 feet along a line that is 10.00 feet Southerly of, as measured at right angles from and parallel with, the Southerly Right-of-way Line of said State Highway No. 52; Thence S44°48'35"W, 120.35 feet along a line that is 10.00 feet Southerly of, as measured at right angles from and parallel with, the Southerly Right-of-way Line of said State Highway No. 52 to the Westerly Line of said Lot A; 111111111111111111111 IIIIIIVIIIIIIIIIIVIII 1111 "III 111111 III VIII IIII IIII 2945548 04/24/2002 10:58A JA Suki Tsukamoto 5 of 7 R 0.00 D 0.00 Weld County CO Boundary • Title • Geodetic • Topographic • Engineering Layout • Subdivision Platting • Environmental #P ALBERS, DREXEL & POHLY, INC. Legal Description Thence N00°16'50"W, 14.12 feet along the Westerly Line of said Lot A to the TRUE POINT OF BEGINNING. Area = 4,023 square feet, more or less. NOTICE: According to Colorado law you must commence any legal action based upon any defect Frank N. .S\'‘J4`r -t; a in this survey within three years after you first Colorado f!rofet'si bind discovered such defect. In no event, may any Surveyor N431 0 action based upon any defect in this survey be 1860 InduSfi 'Circle, LOngmClil CO 80501 commenced more than ten years from the date of JJ . . the certification shown hereon. rr SJ o`1 Date: ,Qt�ltzi"g 'rrrnunn�irnn, File: LGL-9.DOC ADP Project:268-0 11111111111 1111111 11111 IIII 11HIED 11111 IIII I11I 2945548 04/24/2002 10:58A JA Suki Tsukamoto 6 of 7 R 0.00 D 0.00 Weld County Co 2 • EXHIBIT "B" I 50016'50-E 10.00' 0 NO0'I6'50-W 369.69' I f 2 � 53 I im 2 m ii: D .lIDDA I u' timrn N p ON�m r V 2 10'+� t _\ S E o 3g/ ��4 Me, ati d 09.,/ SCAB a E •�o`` 1^=125' W. LINE NEl/4, SEC. 1 H S0016_50'E 339.99' 10' 5001650.E 173.60 2680-E.DWG 500.16.50.E N0016'50'W 500.16.50.E 175.70' 01-17-02 10.00' o TO INT. LINE BETWEEN NE k NW COR SEC. 1 r % (NOTE 12) NOO'16'56- 286.98' (2)0.26-REI656) N a La y'� . Nu 1u . z >... �f N N3 51 N . F r4 i .0 r Si i N. (AOcmOZTNc mN � t�nIJJZ iq EN O) DC CO D C . D040A hl1 OJ IaiIE2 10 mZxZ V1 x ZN x ZOO ?� 2C nD m1^ 2m0 m0 >: m OUmt + -'vDm znn 0g u� i..4 O Rr 01 R IJ..*O3 Z Or'°' 00" .7u rn20 Oln Xi Nt0H ADO y A � IA AOL/I SIOfA p �>, DJ �� Ug v NA<r m�2 Tr )'"4 N I rV (0 NJ Nm * NJ AmT4m = A ]D.I f. 6. m ROn y E OT bm mD�< ^ r{ �`ZN AN� .UA V' A ; m f O/ W o on A-- �~ v>I.. — aim =. 4 V F 0 W � O0 �l7 N F ` Z N m N� �� I,. � a+' o\u m\ z\cz �� g,, A<O � Z . 0 COI AVIL„IZNZ (AN ; WOO NI' v E 2 N F Z P m ?N~ D AO u IS: o 4‘.....;CO D `a Z V O v 02 O A C .I Z V Z C A Z C X C ?(--<, O ; -. b 0E -0 I ...:: C.--: F m � D N 00 CEO 1.1:1 0 y -0 10' V D D 500'/6'50 t W t000 m SO0'16'50'E 368.06' 1 m 0 N 01 10* + f- N 01 N m _ En imimi 0 am Al r2.1 m _- O OnnA la Na q F O CO CO ..y 0. n -.� ITS _to �_ ... ...73 I .Q- t i� 1.4 " _fg C'1..._,'\ : 1-co — C., co = 4 0 C cn. G `C —op o .._ ,tip, m 0,4 01 " r O N O '-...'m s ♦♦�� CVO '0y o v1 —Occ rti T:1 pti �Q 2n N app w U-t O r ti 6 IS o -in.r t4'_`.`, m D ram m 1 ,:..,t, • 2n3c*n-1z v CVO 4'. 00-AOO92 Yn 0', _-N1� -1-207)-1 m N F E n En D A NN-6 rn0< O �$ Q'n�5OE-0TEAf4O ti _n mH(D0! 4 I vE NOO<-4N I COUNTY OF WELD EASEMENT NO. 9 I I :D' aeslsiDREXEL & Paarr, kit A Full Service Lane SurveNng Company 78601ndusloal Code. Sudle 0. Lmgmor5 Colorado 80507 (.103)682-1111 MEMORANDUM it° lulk TO: Clerk to the Board DATE: April 8, 2002 ' FROM: Frank B. Hempen, Jr. Director of Public Works/County Engine C SUBJECT: Agenda Item /11 Approval of Easement Agreement for COLORADO Kinder Morgan, Inc. Enclosed is an executed Easement Agreement with Kinder Morgan, Mc. Please submit this Agreement for the Board's Approval. • The Easement Agreement is to grant permission for Kinder Morgan, Inc. to install a utility at the Dacono grader station and along the right-of-way of State Highway 52. This property is owned by Weld County and is known as Lot A,Recorded Exemption 1656 in the northeast 1/4 of Section 1, Township 1 North, Range 68 West. • The payment is based on$15,000 per acre,and it is comparable to the amount Weld County pays for easements in this area. • The Easement Agreement was prepared by the County Attorney's staff • This Agreement was reviewed from the Operations and Planning view points and APPROVAL IS RECOMMENDED. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:A Leon AKINDERMORGAN-eas.wpd 2002-0916 . t:'-'11.--'41- �_. � - .cr. . . . . . .. , , 3 0 0 CV ; ; } 9 Cr) 0 , If0 \ C CV Cq , I a. I. 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