HomeMy WebLinkAbout910074.tiff A',N34C17❑ _
RESOLUTION
RE: APPROVE LEASE AGREEMENT WITH ASSOCIATED NATURAL GAS, INC. AND AUTHORIZE CHAIRMAN
TO SIGN
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, a Lease Agreement with Associated Natural Gas, Inc. for part of the
SW/4 of Section 31, Township 1 North, Range 67 West of the 6th P.M. , Weld County,
Colorado, has been presented to the Board, and
WHEREAS, the term of said Lease is from January 16, 1991 through January 16,
2001, with the further terms and conditions being as stated in the Lease, a copy
being attached hereto and incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable to approve said
Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease Agreement with Associated Natural Gas, Inc. be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said Lease.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of January, A.D. , 1991.
�/ BOARD OF COUNTY COMMISSIONERS
ATTEST: krii4 ` WELD COUNTY, CO ADO
Weld County Clerk to the Board Ge
Gordo :1 r a y, Ch an
By: 7 �4//- /.fir/�C,/,%%; ,:,-T (EXCUSED)
Deputy Clerk to the Boar Geo e Kennedy, Pro-Tem /
APPROVED AS TO ORM: � J�Si/rs'�Q/ ` (��
C nstance L. Harbert
County Attorney C. W. Kirby //
b I049
W. H. Webster p�
910074
1/007
B 1289 REC 02240170 01/31/91 15: 09 y0. 00 r
w nowt MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO / / _
LEASE
THIS LEASE, made and entered into this /loth day of
1991 , by and between the COUNTY OF WELD,
COLORADO, " and through the Board of County Commissioners of the
County of Weld, 915 Tenth Street, Greeley, Colorado 80631 ,
hereinafter referred to as "Lessor, " and ASSOCIATED NATURAL GAS,
INC. , a Colorado corporation, 34912 Weld County Road 53 , Eaton,
Colorado 80615 , hereinafter referred to as "Lessee. "
WITNESSETH:
WHEREAS, Lessor owns certain property located in the
Southwest Quarter (SWi ) of Section 31 , Township 1 North, Range 67
West of the 6th P.M. , Weld County, Colorado, as conveyed and
described by Deed recorded in Book 570 , Reception No. 1492245 , a
copy of which is attached hereto and is referred to herein as
"Exhibit A," and
WHEREAS , Lessee desires to place a pipeline gate valve on the
property described in Exhibit A, with the specific placement of
the valve as described in the attached "Exhibit B, " and as shown
in the attached "Exhibit C, " and
WHEREAS, Lessor and Lessee have agreed to this Lease to
accomodate the need of Lessee for the placement of said pipeline
gate valve.
NOW, THEREFORE, in consideration of the payment of the rent
and the keeping and performance of the covenants and agreements by
Lessee, hereinafter set forth, Lessor hereby leases unto Lessee
the premises described in Exhibit A, situated in weld County,
Colorado.
TO HAVE AND TO HOLD the same with the appurtenances unto
Lessee from the 16th day of January, 1991 , to and until January
16 , 2001 , at and for a rental, for the full term aforesaid, of
$756 . 00 , in-hand paid to Lessor as of the date of the execution of
this Lease.
FURTHERMORE, the Lessee, in consideration of leasing the
premises as described in the attached Exhibit A, covenants and
agrees as follows:
A. To place only a pipeline gate valve with any bypasses ,
cross-overs, scraper traps , or other material ,
apparatus, and equipment using connection therewith or
incident thereto, on the property as described in the
attached Exhibit B, and which is shown on the plat map
attached hereto as Exhibit C. The property described in
the attached Exhibit B and shown in the attached Exhibit
C is a part of and is located within the premises
described in the attached Exhibit A.
B 1289 REC 02240170 01/31/91 15: 09 X0. 00 2/007
F 0944 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
910074
Page 1 of 3 Pages
B. To maintain the premises described in the attached
Exhibit A during the full term of this Lease by keeping
the premises clear of weeds and trash.
C. To sublet no part of said premises, nor assign this
Lease or any interest herein, without the prior written
consent of the Lessor.
D. To construct no other structures on said premises then
those mentioned above.
E. To provide liability insurance to protect the Lessor
from third-party liability due to the Lessee' s use of
the premises described in the attached Exhibit A in the
sum of $150 ,000 .00 per person, and $400 ,000 . 00 per
occurrence, with said insurance coverage being in the
form of adding Weld County, Colorado, as an additional
named insured or as a named insured to any insurance
policy for said purpose. Lessee shall provide Lessor
r- O with a certificate of insurance which evidences said
o U insurance on January 16th of each year during the term
of this Lease.
en
U
A FURTHERMORE, the parties hereto agree as follows:
a
0 3 1 . That no assent, express or implied, to any breach of any
o x one or more of the covenants or agreements hereof, shall be deemed
.4w or taken to be a waiver of any succeeding or other breach;
A
0 2 . That if, after the expiration of this Lease, the Lessee
shall remain in possession of said premises , then Lessee shall be
o regarded as a tenant from year-to-year at a yearly rental, payable
•• ‘z in advance, and to be negotiated between the parties at the end of
the original term of this Lease (January 16 , 1991) , and subject to
w the terms and provisions of this Lease;
HON a
U 3 . That in case said premises described in the attached
' 2 Exhibit A is left vacant for a period of more than one (1) year
during the term of this Lease, then the Lessor may, without
H
O C otherwise being obligated to do so, and without terminating this
x Lease , retake possession of said premises and rent the same for
w
w such rent and upon such conditions as the Lessor may think best,
, W making such changes and repairs as may be required.
0
N Z
It is expressly understood and agreed by and between the
o parties herein, that if the Lessee shall default in any of the
U a covenants or agreements herein contained, it shall and may be
a lawful for the Lessor to declare said term ended and enter into
said premises , or any part thereof, either with or without process
co � of law, to reenter, and Lessee or any person or persons occupying
No, the same, to expel, remove, and put out, using such force as may
^' o be necessary in doing so, without being liable to prosecution or
w w any damage therefore, and the said premises against to repossess
and enjoy, as in the first and former estate of the Lessor, and if
at any time said term shall be ended as aforesaid or in any other
”1.0074
Page 2 of 3 Pages
way, the Lessee hereby covenants and agrees to surrender and
deliver up said premises peaceably to Lessor immediately upon the
termination of said term, and if the Lessee shall remain in
possession of the same after termination thereof, Lessee shall be
deemed guilty of a forcible detainer of said premises under the
statute, thereby waiving all notice, and shall be subject to
eviction and removal, forcibly or otherwise, with or without
process of law, as above-stated.
It is further expressly understood and agreed that all the
covenants and agreements in this Lease contained shall extend to
and be binding upon the heirs, executors , legal representatives,
and assigns of the respective parties hereto.
This Lease is made by and between the parties hereto with the
express understanding and agreement that in the event the Lessee
becomes insolvent or is declared bankrupt, then, in either event,
the Lessor may declare this Lease ended and all rights to Lessee
hereunder thereupon terminate and cease.
IN WITNESS WHEREOF, the parties hereto have hereunder set
their hands and seals the day and year first above written.
LESSOR:
COUNTY OF WELD, COLORADO, by
° p / '/ and through the Board of County
ATTEST , -O�//���� �� Commissioner
BY: 1 F �_�l BY:
4ePuty Clerk to the Boar� Lacy, Chairman
LESSEE:
ASSOCIATED NATURAL GAS , INC. , a
Colorado Corporation
BY: ,�2,1 € ✓i, �s/�
Keith Knip , ice-president
Operations
SUBSCRIBED AND SWORN to before me this /OM day of
,Sr/t/4/zY , 1991 .
WITNESS my hand and official seal.
i .. ,'��� Lie 1-JC _
Notary Public
131-4
%`', Lsizmtiission expires: 7:7M.c, /v/ /99,2
B 1289 REC 02240170 01/31/91 15: 09 X0.00 4/007
F 0946 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Page 3 of 3 Pages n 0171,
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..5'70�� ..ss juil 901966 to Recordrd at...4._.._ o'clock$.H.-_. - ••. r
,et.1.4` X� 5 Secorder. ;06: F'l
a9eRPtba J' 4,.__._...__...._derleo!�+-,
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• ^^ KNOB'ALL 111:.\B1' THESE f RhJG.\T:,That Conrad back dam• , '•
y.•
d vI d the Cost?d Veld ,sad Stele
n•Ai o tar the oo■.Nrr•Uoa of otter valuablevaluableooesldsrftiosa and Tea (910.00) 4Ii►
'n..:� to toad paid,hereby sell and Laney to The County of Weld. ;.�',:.
1Jm,nk State d µ
o• Coady el • "..'4
Y�'1 N the iellawb't real property,dtt.0 is the i .. .
�II' o and State of Colorado,tu•ah: n
' Township 1 North, `31,Raanggec67 Nesta located of the4th P M. in Ve of Section
ld County, Colorad�o, being more
, , Particularly described as follows: Coheiderlpg the West tine of the�..1 -2 SW; of meld Section 31 to bear North 00' 00
• 00" lust and with all
„.l M other boar's's coatatned herein relative thereto: Beginning
point of intereectioa of the South lihe of the Southwest Quarter (Si)
ht-of-way line of the Onion
Paci! -�! �, of said Section J1 panny,the
easterly
line Wing 75.00 feet east-
early from as ensured at right tattles to the cesterline of the •:1st nS
tracks, from which point the southwest corner of said &Magrio o31 bears
North 69'54.00" West a distance of 141.94 feet; Thence
1�I West along said eaeter ly Right-of-May lime 1,554.84 feet to its inter-
' section with the Nest Liao of the Southwest Quarter (Bat) of said
- � Thence North 00'00 00 last alma" said West line 134.44 1
Best; T J1; 1'he Right-of-Way
feet; Thence South my Road;
Last Scat'
feet the Last
of the existing County Road: Thome Soon 00 00'00" last along said I .
1 Vest Right-of-h7 4.55 feet; Thence South Ota3W'DO" Rest 2,649.33 feet
+ to the South lime of the Bowthaet Gsarter (Sit) of said Section 31;
Thence North 69'54.00" West along the South lime of the Southwest
•
of Satirising. o J l(Contains 4.923aerme including e of 187.75 feet to the int
said Sectioe ding ...sting public road
rights-+,f-ay as shown).
6. i
with all in 4lwuterana.Mall warrant the title to the tame.•whirs to
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SiR,rrl and delhered Ihts 79th day d June `
Ct..t/•art .ddf< ISE11.1
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EXHIBIT A L 91007r'
B 1289 REC 02240170 01/31/91 15: 09 X0. 00 5/007
F 0947 MARY ANN FEDERSTEIN CLERK 6, RECORDER WELD CO, CO
LEGAL DESCRIPTION
That portion of 6" Associated Natural Gas pipeline laying within a
portion of land owned and operated by Weld County, more
particularly described in EXHIBIT "A" as Parcel #2 , located in the
Southwest Quarter of the Southwest Quarter (SWiSWI) of Section
Thirty-one (31) , Township One (1) North, Range Sixty-seven (67)
West of the 6th Principal Meridian, County of Weld, State of
Colorado, centerline of pipeline easement being more particularly
described as follows :
Beginning at the Southwest corner (S.W. COR. ) of said Section
Thirty-one (31) , and considering the South line of the Southwest
Quarter (SW}) of said Section Thirty-one (31) as bearing
N90°00 ' 00" E, with all other bearings contained herein relative
thereto;
Thence N90°00 ' 00" E, along said South line, 401 . 7 feet to a point
on the centerline of said 6" pipeline;
Thence N42°07 ' 40" W, 73. 9 feet to the True Point of Beginning on
Weld County Road 13 West Right-of-way and Parcel "2 property line;
Thence N42°07 ' 40" W, 34 . 3 feet;
Thence N07°17 ' 40" W, 100 .0 feet to the midpoint of the South line
of the 12 . 0 ' x 20 . 0 ' valve site.
EXHIBIT B
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B 1289 REC 02240170 01/31/91 15: 09 X0. 00 6/007
F 0948 MARY ANN FEUERSTESN CLERK & RECORDER WELD CO, CO
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