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Home My WebLink About20043591.tiff RESOLUTION RE: APPROVE EASEMENT AGREEMENT FOR GAS PIPELINES AND AUTHORIZE CHAIR TO SIGN - DUKE ENERGY FIELD SERVICES 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 Duke Energy Field Services, 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 Duke Energy Field Services 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 27th day of December, A.D., 2004. �� BOARD OF COUNTY COMMISSIONERS 44711- ( W C U NTY, COLORADO Robert D. Masden, Chair j i offiygy erk to the Board k.ar � EXCUSED k..;11William Jerke, Pro-Tem / Deputy Clerk the oard M. . ile APPROVED AS TO F elt David Long / c unty At orney i N ' j e do A5 Glenn Vaad "'-JJ'JJJ Date of signature: 6169/OS 2004-3591 EG0050 • • 0 ,. MEMORANDUM CTO: Clerk to the Board DATE: December 16, 2004 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Easement Agreement with Duke Energy Field Services for the installation, maintenance, replacement, removal, and repair of one or more natural gas pipelines owned by Duke Energey on Weld County's property. Enclosed is a check from Duke Energy Field Services in the amount of$1,488.00, dated December 16, 2004, check No. 26639. The appropriate documentation is attached. Enclosures pc: Leon Sievers, Right-of-Way Agent M:\Francie\Agend-Leon.doc • a 'EASEMENT AGREEMENT This Easement Agreement is made and entered into this_day of 2004, by and between the County of Weld, State of Colorado ("WELD COUNTY"), whose address is 1111 - H Street, P. O. Box 758, Greeley, Colorado 80632, and Duke Energy Field Services, LP ("Duke") 1324 North 7thAve., Greeley, Colorado 80631. 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 .2roperty 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 Duke an easement over the Easement Property for the installation, maintenance, replacement, removal and re;air of one or more natural gas pipelines, ("the Pipeline") together with all necessary or desirable underground facilities and appurtenances for Duke's operation of the Pipeline. Except to the extent necessary, the Pipeline and all related facilities, shall be constructed, kept and maintained underground. The easement herein granted shall consist of a permanent easement of Thirty feet (30') in width, being 15 feet on either side of said centerline and a temporary easement of Seventy feet(70') in width for construction purposes. 4. Ace ss to the Easement Pronerty. Duke 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. Duke agrees that after Duke's construction or any subsequent construction, if applicable, and after any maintenance, repair, replacement or removal of the Pipeline, Duke 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 co::idition it was in immediately prior to said construction, maintenance, repair, replacement or removal, except as may be necessary to accommodate the Pipeline. Replacement of the surface property shall include seeding, where applicable. All trenches, either trenched or open cut shall be compacted to 95% standard proctor density in and under the driveway and 85% standard proctor density in all other areas. Duke 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 Pipelinr. U11111 VIII 11111 VIII 1/111/1111 IIIIL0111 IIII 1111 3252640 01/13/2005 11.31A Weld , 1 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2c/eq.isi/ • • 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 Duke experience an emergency situation which requires immediate repair, and which affects the significant use of the Easement Property, Duke agrees to notify WELD COUNTY of the emergency that occurred no later than the following business day after Duke has begun any such emergency repairs. Duke shall maintain the Pipeline at Duke's cost and expense. Duke shall not erect any fence, marker, or other structure on the Easement Property; however, Duke 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, Duke 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 Duke 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 Duke does not object, so long as the public use does not impair the rights granted to Duke in this Grant. 7. Indenrmity. To the extent permitted by law, Duke shall indemnify, defend and hold WELD COUNTY harmless from and against any liability, claims, damage, cost or expense which may result from Duke's use and enjoyment of the Easement Property, or the failure of Duke 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, licensees or invitees. 8. Insurance;Permits. Duke shall maintain Comprehensive General Liability Insurance covering its obligat.ons 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. Duke 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 Duke shall abandon the rights granted to it under this Grant, Duke 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 existed prior to removing said Pipeline or pipelines. Said pipeline removal and surface property restoration shall be complelted on or before six (6) months after abandonment. Upon Duke's abandonment, and after 111101111111111VIII! 111111IIII IMF III 111111111VIII 3252640 01/13/2005 11:31A Weld County, CO 2 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • allowing the time period for said pipeline removal and surface property restoration, WELD COUNTY shall hold the Easement Property free from the rights of Duke so abandoned. Failure to use the Pipeline for a period of two years or more shall constitute abandonment. After said abandonment, if Duke fails or reuses 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 Duke with a bill for reimbursement for the cost of such removal and surface property restoration, which Duke 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 o:f Way the day and year first above written. WELD COUNTY: Board of County Commissioners for the �/�� County of Weld � 1 A Ale G% ( ATTEST? !J'..,,�d!!/ By: [// f � Robert D. Masden Chair lerk to the Bo DEC 2 7 2004 Duke Energy Field Services, LP I ; 1861 t"` ''" -11 Ba Title: "974‘,..2.&e7,—Z,-"tripe, ®�N • 13252640 01/13/2005 11:31A Weld County, CO 111111 11111 11111 11111 11111 1111 Wit 111 11111 1111 3 I I I! of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 071)ziy--959/ ACKNOWLEDGMENT State of Colorado ) ) ss County of Weld ) The foregoing instrument was acknowledged before me this day of , 2004 by , as of the Board.of County Commissioners for the County of Weld, State of Colorado. WITNESS my hand and official seal My commission expires: Notary Public ACKNOWLEDGMENT State of Colorado ) ) s s County of \I,1lt\C\ •__) The foregoing instrument was acknowledged before me this '(ct'N day of stcPe(\ __ , 2004, by 1f ice-, 1 .s.)n kNli as n- cAc for Duke Energy Field Selfices, LP. WITNESS my hand and official seal 04?..11)04/,- " ,- i.��• �O�4 9�s0 My commission expires: � ,,A1��"� Not bli TA 'GLG 'O —_ OF COLOPP 1 111111 11111 11111 111 I II IIII 1111111 III IIIII 1111 111 3252640 01/13/2005 11:31A Weld County, CO 4 of 8 R 0.00 D 0.00 Steve Moreno Clerk&R ecorder • EXHIBIT A to Easement A,&reement from Weld County Colorado, to uke Energy Field Services, LP, dated 200 . Easement Property: The easenent running north and south along the East line of the N/2SE/4 and the East line of that certain tract identified in the Weld County Colorado Assessor's Office as Parcel# 096101000050, and more particularly described as a part of the N/2SE/4 of Section 1, Township 5 North, Range 65 West, beginning at the SE corner of the N/2SE/4; thence West 1 .118 feet; thence North 06 Degrees, 19 Minutes West 702 feet northwesterly to the South line of Hwy 263;thence northeasterly 400 feet more or less; thence southeasterly to th. East line of the N/2SE/4; thence South 315 feet to the point of beginning. \I t1111IIIIIIIII\111111\11 no\IIIIIICII1111idle! 3252640 01/1312006 11 5 of 8 R 0.00 D 0.00 Steve Moreno Clerk&Recorde 1111111 11111 11111 1111111111 1111 1111111 III 11111 I I I I I I I I 3252640 01/1312005 11:31A Weld County, CO 6 of 8 R 0.00 0 0.00 Steve Moreno Clerk& Recorder \� N 88'5T0T E 2413.89'�LAll A 1/ WCR 62 T6N �4 1/4 CORNER C1/4 CORNER TSN + t SEC 1/SEC 6 SECTION 6 m \SP 3.25' ALUM. CAP 3.25" ALUM. CAP Acc PLS 28656 Iv it +4Pq,1 PLS 7242 (SURVEY TIE TO 14+85.50 (SURVEY TIE TO 9+89.93 \•r 7+96.43 I S 10'54'1B" W 936.09') S 61')5'43" W 3013.5]') \ 4 PI 03'x2'20' R SE1/4 SECTION 1 \ 3 3 T5NR65W 6TH PM + .0a \ HIGHWAY 263 WELD COUNTY + 9+89.93 10+00 A>:R ill K PI /! `� \�. e GAGH� YOVD 3$ / �� n z CO 040", / 1p 0_-.- CL. PROPOSED m --R n / PIPELINE o pOUD .o- VICINITY MAP S 1"=200 D' X — x Z � .a0........... ••p..n...S. x — x — x — x I `\ .• O 'Ay....7 S 4 C'i4?). `d` �' 14+8 . \ 0' 200' 400' '• .Y.SY.B,, o 15+41.45 \, \ : ome.1l tmai ,, � PI 18'12'34 R I =NO ISM\ .,20, n' ^�.•• PARCEL DESCRIBED IN WARRANTY 1. \ .f0A'AL LAS 4' DEED RECORDED 10/03/89 IN 1 ,r ••••...M.••. B. 1245 F. 1500 REC. 02193641 EXISTING PIPELINE ,. 1217 / .�— 1522 (CALCULATED) `\ '11., Duke NOTES aEnergy® 1.) Locations of utilities and foreign pipelines were determined from visible surface evidence. These locations if shown may not be EXHIBIT A Field Services accurate or complete. Other utilities may exist and are to be field located by others prior to excavation. 2.) this document is not a land survey plat or improvement survey plot. It is not to be relied upon for the establishment of any SCALE: 1"=200' REVISED BY: DRAWN BY: PAV land boundary, easement, fence, building, or other future improvement lines. PROPOSED PIPFI INF 3.) Al directions, distances and dimensions shown hereon ore based on coordinates from the 'Colorado coordinate system of 1983 DATE: 10/22/04 DATE REVISED: BOOK No.: 4070 north zone' (Article 52 of Title 38 C.R.5.). Latitudes and Longitudes are based on NAD83. Elevations are based on NAVD88. 4.))This Exhibit was prepared by Paul A Valdez, PLS 37068. for and on behalf of Left Hand Carver, Inc. 352 Caribou Pass Circle. 495.57 FT (30.034 RODS) Vs/E I_D C 0 U N TY Lafayette, CO 80026. 5.) The propoeda pipeline profile depicted hereon is intended to represent ical clearances for permitting purposes. The vertical position is not on on engineering design and is not to be used for construction. PROPOSED 12" PIPELINE INTERCONNECT SE1/4 SEC. 1 T5N R65W 6TH PM WELD COUNTY AFE: EXHIBIT A to Easement Agreement from Weld County Colorado, to Duke Energy Field Services, LP, dated 200 Easement Property: The easement running north and south along the East line of the N/2SE/4 and the East line of that certain tract identified in the Weld County Colorado Assessor's Office as Parcel# 096101000050, and more particularly described as a part of the N/2SE/4 of Section 1,Township 5 North, Range 65 West,beginning at the SE corner of the N/2SE/4; thence West 1.118 feet; thence North 06 Degrees, 19 Minutes West 702 feet northwesterly to the South line of Hwy 263;thence northeasterly 400 feet more or less; thence southeasterly to th East line of the N/2SE/4;thence South 315 feet to the point of beginning. 111111111111111111111111111111111111111 III 11111 11111111 3252640 01/13/2005 11:31A Weld County, CO 7 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 1111111 11111 III IIIII 111111 IIII 1111111 III 11111111 IIll 3252640 01/13/2005 11:31A Weld County, CO 8 of 8 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I \ N 88'57'07' E 2413.89' WCR 62 TSN }ro 1/4 CORNER C1/4 CORNER TSN w SEC 1/SEC 6 SECTION 6 \'4P 3.25" ALUM. CAP re Qf 3.25' ALUM. CAP PLS 28656 N o Ai% PLS 7242 (SURVEY TIE TO 14+85.50 3 d, 5 10VEY T"E TO 96.09") S 61'05'43' W 3013.57) O \ \�- 7+96.43 I 5 10'54'1 B' W 936.09') O PI 03'4720'R +li SE1/4 SECTION 1 \ 3 3 T5N R65W 6TH PM + a z I \ HIGHWAY 263 WELD COUNTY + 9+89.93 10+00 4 rrr1 p0UD8E 4 eV Cd \1 \/ O'90 Lys "I 0 \ j CL. PROPOSED N n VICINITY MAP PIPELINE z°U 0 La 1'=2000' I Z �j ,IIIIIII1111 ✓Cn .. x j � x -- x — x — x —' I �Py�,:,yAV"' . i V,Q vC i 'a' 2 A Ix 14+8 . \ 0' 200' 40W • o . 0:. . vwm 15+41.48 \ —� —� i% � PI 18'12'34" RI PARCEL DESCRIBED IN WARRANTY tt, \ .10.4AL LO 4`I. DEED RECORDED 10/03/89 IN :\ \ 1111111.4 8. 1245 F. 1500 REC. 02193641 1217 /� EXISTING PIPELINE 1l¢ / "— 154 (CALCULATED) \ \ M Duke / Energy® NOTF$ I.) Locations of utilities and foreign pipeline, were determined from visible surface evidence. These location, if shown may not be EXHIBIT A Field Services accurate or complete. Other utilities may exist and are to be field located by others prior to excomtion. 2.)This document is not o land survey plat or improvement survey plat. Itnot to be relied upon for the establishment of any SCALE: 1"=200' REVISED BY: DRAWN BY: PAV land boundary. easement, fence, building, or other future improvement lines, is PROPOSED PIPFJ INF 3.) All directions, distances and dimensions shown hereon are based on oordinates from the'Colorado coordinate system of 1983 DATE: 10/22/04 DATE REVISED: BOOK No.: 4070 north zone' (Article 52 of Utle 38 C.R.S.). Latitudes and Longitudes ore based on NAD83. Elevations are based on NAVD88. 495.57 FT (30.034 RODS) WELD COUNTY 4.) This Exhibit was prepared by Paul A Valdez, PLS 37068, for and on behalf of Left Hand Corner, Inc. 352 Coribau Pass Circle, Lafayette, CO 80026. 5.) The proposedc on pipeline profile depicted hereon is intended to represent typical clearances for permitting purposes. The vertical posit t basedengineering design and is not to be weed for construction. PROPOSED 12' PIPELINE INTERCONNECT SE1/4 SEC. 1 TSN R65W 6TH PM WELD COUNTY AFE: ____ __ iion DUKE ENERGY FIELD SERVICES tkr , 2663 RIGHT OF WAY ACCOUNT 370 17TH ST.,SUITE 2500 DENVER,CO 80202 50-937-213 PH.303-595-3331 Dec. 16. 2004 rti 84 Weld County, Colorado I $ 1 ,488.00 One Thousand Four Hundred Eighty-eight and 00/100 ° ^.ti 8 'i 1PMorgan Chase Bank 6040 Tarbell Road JPMorgan Syracuse.NV 13206 ROW & DAMACTS — 12" —Pt. NE,1 ,5N-65W 6r 1 11.0 266 390 I:0 2 L3093794:60 L8 2547411' J Hello