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Home My WebLink About20010613.tiff RESOLUTION RE: APPROVE AGREEMENT AND PARTIAL RELEASE OF RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. 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 Agreement and Partial Release of Right-of-Way between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Kaneb Pipe Line Operating Partnership, L.P., 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 Agreement and Partial Release of Right-of-Way between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Kaneb Pipe Line Operating Partnership, L.P., 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 28th day of February, A.D., 2001. BOARD OF COUNTY COMMISSIONERS ,.� WELD CO TY, COLORADO ATTEST: I�,G'►/�ti i r� �'f La' .1/42/ k/// M. J. Gene, Chair Weld County Clerk to th. ��, EXCUSED / r Glenn Vaad, Pro-Tem Deputy Clerk to the Bo.�y ` William H. Jerke /A('PR ED T FORM: EXCUSED d E.D vi� on9 VV nty1 ttor ey .C . Robert D. Masden 2001-0613 BC0031 111111111111 1111111III11111111111111111111 11111IIIII III 2834071 03/21/2001 02:47P JA Sukt Tsukamoto RECORDER'S MEMORANDUM 1 'of 5 R 25.00 D 0.00 Weld County CO THIS DOCUMENT WAS FOUND TO BE INADEQUATE FOR SCANNING PUR `1 0'7/ RECE'y "D AGREEMENT AND PARTIAL RELEASE OF MP g 2001 RIGHT-OF-WAY &'J-114CU C.THIS INDENTURE made and entered into between Weld County, Colorado, hereinafter called "Owner", and Kaneb Pipe Line Operating Partnership, L.P.,hereinafter called"Kaneb". WITNESSETH: That WHEREAS, on the 29th day of March, 1947 Wyco Pipe Line Company was granted a Right-of-Way Grant (the "Right-of-Way") executed by Carl H. Adler, a married man, which was recorded in Book 1202, Page 593,on the 1st day of May, 1947,in the office of the Clerk and Recorder of Weld County, Colorado. WHEREAS, the said Wyco Pipe Line Company, did assign, sell, convey, and transfer all of its rights, title, and interest in and to the Right-of-Way Grant (with other property) to Kaneb Pipe Line Operating Partnership, L.P. ("Kaneb") by Assignment of Right-of-Way dated on the 23`d day of February, 1995 and recorded in Reception No.2428020,Book 1481,Page 651, on the 27th day of February, 1995 in the office of the Clerk and Recorder of Weld County,Colorado. WHEREAS, the said Right-of-Way Grant and all assignments included the following described real property on which Kaneb was granted specific rights(the"Real Property"), all as provided herein,to wit: S/2 W/2 NW/4&E/2 NW/4 of Section 2,Township 2 North,Range 68 West,Weld County, Colorado(the"real estate") WHEREAS, the Owner has subsequently acquired title to a tract of land, being part of the Real Property covered by the Right-of-Way Grant, legally described on exhibit "A" attached hereto (the "Burdened Property"); and WHEREAS, Kaneb maintains and operates a eight-inch diameter pipeline through the Burdened Property pursuant to the authority vested in it by the Right-of-Way Grant;and WHEREAS, Kaneb is willing to release and limit its Right-of-Way Grant to a specified strip across a portion of the Burdened Property, under the conditions herein provided and mutually agreed upon by Kaneb and Owner. AIM 11111 1111111II I11111111111111111 I I 11111 1111I III 2834071 03/21/2001 02:47P JA Suki Tsukamoto 2 of 5 R 25.00 D 0.00 Weld County CO NOW THEREFORE,the parties hereto agree as follows: 1. Kaneb,by this instrument does hereby release all of its rights, title or interest in the Burdened Property, EXCEPT, for a fifty(50) foot wide easement being twenty-five (25)feet either side of Kanebs existing 8-inch diameter pipeline (the "Right-of-Way Strip"). Unless specifically released, all other portions of the Real Property described in the original Right-of-Way Grant shall remain subject to the original Right-of-Way Grant. 2. Kaneb, its successors, and assigns shall have the right of ingress and egress across the Burdened Property along the Right-of-Way Strip for the purpose of exercising any and all of the rights which Kaneb has under the Right-of-Way Grant, all of which rights are specifically limited to and reserved in connection with the Right-of-Way Strip. 3. The Owner, its successors, grantees, and assigns, shall have the right to use and enjoy the surface of the Right-of-Way Strip, provided such use and enjoyment shall be conducted in a manner that will not unreasonably interfere with the use of said Right-of-Way Strip by Kaneb, its successors, grantees, and assigns, to maintain, inspect, operate, protect, replace, change or remove the pipeline. 4. All streets or roads crossing the Right-of-Way Strip must have a minimum of five (5) feet of cover over the pipeline and minimum of three (3) feet cover in any borrow or drainage ditches, if any. All streets or roads must cross the pipeline as close to a 90-degree angle as possible and may not parallel the pipeline within the Right-of-Way Strip. 5. There shall be no fences (except for agricultural fences), obstructions,buildings, engineering works or other structures constructed or permitted to be constructed upon the Right-of-Way • Strip. 6. All utility crossings must be installed with a minimum of 24-inches separation below the bottom of Kaneb's pipeline and the top of the utility. All utilities (except sewer and water mains) must be placed in a steel casing which must extend a minimum of ten(10) feet either side of the pipeline. Utility lines must cross the pipeline at an angle of not less than 45- degrees from the pipeline. 7. No dwelling, building, structure or area of congregation may be within fifty (50) feet of Kaneb's pipeline unless the pipeline is provided with a minimum of forty-eight(48) inches of cover. 8. No construction activity, landscaping, excavation or heavy equipment work shall be performed within the Right-of-Way Strip without providing Kaneb with forty-eight(48)hours notice so Kaneb may have a representative present to mark the exact location and depth of the pipeline and to be present for any such activities within the Right-of-Way Strip. 9. Should any modifications to the pipeline be required to benefit the Owner's development or use of the Burdened Property, all costs associated with the modifications shall be at the sole expense of the Owner. The Owner will be required to enter into a reimbursement agreement with Kaneb prior to any such modifications being performed. 10. Kaneb shall continue to be obligated to maintain, operate and protect the pipeline in accordance with its original Right-of-Way Grant. The terms, conditions and provisions hereof shall extend to and be binding upon the parties hereto, their heirs,successors and assigns. • I RBI 11111n1111 311 11111 1111 III 1111 1111 VIII 2834071 03/21/2001 02:47P JA Suki Tsukamoto 3 of 5 R 25.00 D 0.00 Weld County CO EXECUTED this 28th , A.D., 2001. ATTEST: g `7 alitt?., Weld County Clerk to the BOARD OF COUNTY COMMISSIONERS BY: �! � ( - " WELD COUN , COLORADO Deputy Clerk to the r ��►� 2 APPRO D AS "�F M: "297 ` V, I M. J. eile, Chair County Attorney .% KNAB PIPE LINE OPERATING PARTNERSHIP, L.P., BY KANEB PIPE LINE COMPANY, THE SOLE GENERAL PARTNER OF KANEB PIPE LINE OPERATING PARTNERSH L.PP BY: NAME: Lee E. Chi!dres TITLE: Manager of Engineering -1111111 11111 11111111111 111111 11111 11111 III 11111 1111 1111 2834071 03/21/2001 02:47P JA Suki Tsukamoto 4 of 5 R 25.00 D 0.00 Weld County CO ACKNOWLEDGMENT - STATE OF ('©—Q ) ) ss: COUNTY OF ( , '),„(2,4,9 ) Before me ('n „-r, 1 A . An ,m)%i ,a Notary Public in and for said County and State, on the ,o sr,& day of . �„� , ,20 o/ ,personally appeared r M. Q to me known t.. : tQ. •, • \1 r ,`..n who executed the within and foregoing instrument,and acknowledge.'Ope that he ez , -i, a same as free and voluntary act and deed for the uses and purpose tllfl*' rth. i0•t. IN WI i, ES�S WIIE'It 8Q t 1111,;;e hereunto set my hand and official seal the day and year last above writte , My commission e '...,,:t. COL.._---- My Commisscn Sykes June 8,200? Notary Publi • ACKNOWLEDGMENT STATE OF KANSAS ) ) ss: COUNTY OF SEDGWICK ) BE IT REMEMBERED, that on this day of , 20 , before me, duly commissioned, in and for the County and State aforesaid,came Lee E. Childres, Manager of Engineering of Kaneb Pipe Line Company,The Sole General Partner of Kaneb Pipe Line Operating Partnership,L.P., a Delaware Limited Partnership,personally known to me to be such person, -"and to be the same person who executed the foregoing instrument of writing in behalf of said corporation, and he duly`a knowledged the execution of the same for himself and or said corporation for the uses and PurpisEs;theret set forth. /i I I, f JITNESS WHEREOF, I have h eun s my ha 44�� daffixed o£ ' Seal on the �' a$ �ar last dove written. \L 4 N 4 u ,' •5z /— O Notary Pub/ic 1sT P"' / IL I—expires II I • 1 111111111111111111 1111111111 1111 Nil III Iilll III!2 5aof R 25.00 D 0.00 Weld 050 47P JCountyCOA Suki �moto • EXHIBIT "A" (The Burdened Property) PROPERTY DESCR,R1ICN A parcel of land located in the Southwest Quarter (SW1 /4) of Section Thirty—five (35), Township Three North (T.3N.), Range Sixty—eight West (R.68W.) and the Northwest Quarter (NW1 /4) of Section Two (2), Township Two North (T.2N.), Range Sixty—eight West (R.68W.) of the Sixtn Principal Meridicn (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Center Quarter Corner (C1 /4) of said Section 2 and assuming the South The of said NW1/4 to bear North 89°57'49" West with ali bearings here in relative there:o: THENCE North 89'57'49" West along said line a distance of 799.34 feet; THENCE North 00'53'42- East a distance of 330.32 feet; THENCE South 89°33'21" West a distance of 240.00 feet; THENCE South 01'08'10" East a distance of 328.34 feet to said South line of said NWI /4; THENCE North 89'57'49" West along said line a distance ot 1351 .72 feet to the Easterly Right—Of—Way (ROW) of Interstate Highway 25; THENCE along said ROW the following Eleven (11) courses and distances: THENCE North 00'02'10" East a distance of 30.00 feet to a point on the North ROW of Weld County Road #24 1/2; THENCE North 37°35'05" West a distance of 79.43 feet; THENCE North 04'59'49" West a distance of 438.53 feet to a Point of Curvature (PC); THENCE along the Arc of a Curve which is concave to the East a distance of 239.98 feet, whose Radius is 2766.36 feet, whose Delta is 04'58'13" and whose Long Chord bears North 02'30'42" West a distance of 239.90 feet to a Point of tangency (PT); THENCE North 00'01'36" West a distance of 246.46 feet to a point an a curve, said curve being non—tangent to the aforesaid line; THENCE along the Arc of a Curve which is concave to the East a distance of 541 .47 feet, whose Radius is 9744.08 feet, whose Delta is 03'11'01" and whose Long Chord bears North 01'52'49" West c distance of 541.35 feet to a PT; THENCE North 03'28'20" East a distance of 23.48 feet to a PC; THENCE along the Arc of a Curve which is concave to the West a distance of 606.33 feet, •;rose Radius is 9940.93 feet, .nose Delta is 03'2941" and whose Long Chord bears North 01'43'29- Las: a distance of 606.24 to a PT; THENCE North 00'01'21" West a distance of 241.51 feet; THENCE North 89'58'39" East a distance of 114.83 feet; THENCE North 00'01'21" West a distance of 240.88 feet; THENCE North 77'43'33" East a distance of 2395.19 feet to the East line of said SW1 /4; THENCE South 00'42'04" East along said line a distance of 577.61 feet to the South Quarter Corner (S1/4) of said Section 35; THENCE South 00'34'44" West along the East line of said NW1 /4 a distance of 2604.54 feet to the POINT OF BEGINNING. Said parcel contains 162.420 acres more or less (±). KANEB PIPE LINE OPERATING PARTNERSHIP, L.P. A KANEB COMPANY u January 18, 2001 Mr. Steve Butherus Kettering, Butherus &Norton Engineers, LLC. 820 8th Street Plaza Greeley, CO 80631 Re: South Weld County Service Center Dear Mr. Butherus; I have reviewed your grading plan, on the above referenced project, dated December 2000. I do not have any objections to this plan, provided that it provides the minimum of five (5) feet of cover over Kaneb's high-pressure petroleum pipeline, in the areas where the drives and parking are over the pipeline. I am also enclosing a copy of the field notes that I received from our field locator regarding the pipeline depths. These are for your reference only. Should you wish to meet our representative on site to specifically locate any of our pipeline facilities related to the exact location of the drives or parking lot, please contact Mr. Tom Swallow at (303) 877-5071. Kaneb currently holds a blanket easement across this property. This easement should probably be released to a fifty(50) foot wide corridor. The right-of-way release would define and confine all building restrictions, rights, etc., regarding developing around Kaneb's pipeline facilities. I have enclosed a copy of this Agreement and partial Release of Right-of-Way Grant that may be forwarded to the Owner for review and execution. Upon their execution the agreement should be return to this office for final execution and recording. Should you have any questions regarding this agreement please contact me at (316) 773-9000. As we discussed, Mr. Swallow must be notified at least 48 hours prior to any activity near our pipeline. This will enable him to be onsite to locate the exact location and depth of the pipeline, as well as be present for any and all activity over our pipeline. Sincerely $le E. Smith Assistant Manager of Engineering Enclosure CC: Mr. Tom Johns & Mr. Tom Swallow Kaneb; Dupont, CO _ 7340 West 21st St.N.,Suite 200 Wichita,Kansas 67205 phone 316.773.9000 fax 316.773.9001 www.kanebpipeline.com 12/14/00 THU 07:58 FAX 303 288 8990 Kaneb Pipe Line -..4 Engineering I¢J002 KANEB PIPE LINE OPERATING PARTNERSHIP, L.p- ENGINEERING REPORT REPORTED BY 01�$,C ✓ APPROVED BY ( KR ) FIELD. CONSTRUCTION REPORT DATE /2--7y t7(52❑ ( LCR ) LINE CROSSING REPORT ❑ ( CPR ) CATHODIC PROTECTION CONSTRUCTION REPORT LINE NAME 1-6779,7017 fl D(-zefriar FOREIGN COMPANY LINE SIZE l�/ r DIVISION LINE SHEET NO. /o-0-o5 LINE SIZE INVENTORY n#0 , t TYPE UTILITY M P X99 6! TYPE COATING AUTHORIZATION CATHODIC PROTECTTIO/ /NJ' - STATE CO _ COUNTY ti,/ 4O SEC,-- TAMP. 74/ RGE. h« - - - - - -- - -- -. - - -- - -- , ] .�y �/ '.v Ali �G _- --p - r 4�- -- - - -- - - - . ■ c�■ - / f - _ _ _ _. -__ _ -_- - - -- -- - - - • - _ - - - - = _ _ _ - _ - �; ?•' ;�- --- - .- -- -- - - - __ _ _ _ _ _ _ _ _ Hello