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Home My WebLink About980870.tiff RESOLUTION RE: APPROVE EASEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - KN ENERGY 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 KN Energy, 370 Van Gordon Street, P.O. Box 281304, Lakewood, Colorado 80228-8304, with terms and conditions being as stated in said agreement, and WHEREAS, the Board considered this matter on May 18, 1998, at which time the Board deemed it advisable to continue this matter to May 20, 1998, and WHEREAS, on May 20, 1998, 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 KN Energy 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 20th day of May, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: i �� f�i,A u ► Constance L. Harb rt, Chair Weld County Cl; + -'y_';�` ) i qI / n �.u►r l�/ .z.,/ CJJ _$ W. . ebster, Pro-Te e BY: `_' r:c•` .: � Deputy Clerk to :-' �• �� " ---2.:‘: ---(e< eorge Et.. Baxter OV D AS ORM: Dale K. Hall ounty A orney c ,'i /ti: ci S/- 4 i-s Lit-e Barbara J. Kirkmeyer. 980870 e� ` CG , Knt e-4-13--i /4 Il .�CI� EG0037 O172 EASEMENT AGREEMENT This Easement Agreement, is made and entered into this day of , 1997, 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 KN Energy ("KN"), 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, including, but not limited to, a natural gas tap which KN agrees to install, at its sole expense, on the property currently owned by Weld County and designated as the Hokestra Pit, the exact location on the Hokestra Pit property to be designated by Weld County, and other consideration, the receipt and sufficiency of which is hereby acknowledged. 3. Grant of Rights to Use Easement. WELD COUNTY hereby grants to KN an easement over the Easement Property for the installation, maintenance, replacement, removal and repair of a natural gas pipeline, ("the Pipeline")together with all necessary or desirable underground facilities and appurtenances for KN's operation of the Pipeline. Except to the extent necessary, the Pipeline and all related facilities, shall be constructed, kept and maintained underground. The parties acknowledge that it will be necessary for KN to install a valve above ground where the new portion of pipeline on the subject Easement Property is joined with an existing pipeline in an existing easement adjacent to the Easement Property. KN agrees to construct and maintain a privacy fence, at least six (6) feet tall, of materials approved by Weld County, with a gate for access, to completely enclose the area where the valve is located, such area not to exceed 10 feet by 10 feet. (The Valve Enclosure Area). In addition, KN may use an additional ten(10) feet on the south side of the Easement Property, or on the west side of the Easement Property, whichever is applicable, and if such use is 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. KN 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. KN agrees that after KN's construction, or any subsequent construction, if applicable, and after any maintenance, repair, replacement or removal HBO 11111 111111 111111 2619072 06/11/1998 03:09P Wald County CO 1 of 7 R 0.00 D 0.00 JR Suki Tsukamoto 12V)3'2O of the Pipeline, KN shall restore the surface of the Easement Property, as well as the surface of the Temporary Construction Property, if applicable, (referred to separately or together as "the surface property"), 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 cottonwood trees currently located on the Northwest portion of WELD COUNTY's property, and located on or near the Easement Property are included in a mining permit for the property, and shall not be removed by KN for any reason. KN 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 of year when public use of the Easement Property is at its peak. Should KN experience an emergency situation which requires immediate repair, and which affects the public use of the Easement Property, KN agrees to notify WELD COUNTY of the emergency that occurred no later than the following business day after ICN has begun any such emergency repairs. KN shall maintain the Pipeline at KN's cost and expense. Except for the Valve Enclosure Area previously mentioned, ICN shall not erect any fence, marker, or other structure on the Easement Property; however, KN 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, KN 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 KN in this Grant. The parties specifically acknowledge that WELD COUNTY may construct a hiking trail or some other public use project in the vicinity of the Easement Property, to which KN does not object, so long as the public use does not impair the rights granted to KN in this Grant. 7. Indemnity. To the extent permitted by law, KN shall indemnify, defend and hold WELD COUNTY harmless from and against any liability, claims, damage, cost or expense which may result from KN's use and enjoyment of the Easement Property, or the failure of KN 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. KN shall maintain Comprehensive General Liability Insurance covering its obligations to WELD COUNTY under this Grant with liability limits and coverages satisfactory to WELD COUNTY. A Certificate of Insurance evidencing such coverage shall be provided to WELD COUNTY annually within 30 days after each anniversary of this Grant. HBO 11111 111111 VIIII 11111 III BEM I'llI IIII IIII 2619072 06/11/1998 03:09P Weld County CO /]�1g'7U 2 of 7 R 0.00 D 0.00 JR Suit! Tsukamoto /O VV 9. Abandonment. KN 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 KN shall abandon the rights granted to it under this Grant, KN 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 completed on or before six(6) months after abandonment. Upon KN'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 KN so abandoned. Failure to use the Pipeline for a period of two years or more shall constitute abandonment. After said abandonment, if ICN 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 KN with a bill for reimbursement for the cost of such removal and surface property restoration, which KN 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. WELD COUNTY: Board of County Commissioners for the County of Weld ATTEST: ►� , 1�t -41 BY By: Constance Constance L. Harbert, Chair (05/2o Clerk to KN ENERGY �y By: %a 'V/c�&lc, I / 2 Title e1Q - - Art.+ 111111 HIE DIE 11111 III 1111111 III 11111 IIII IIII 2619072 06/11/1998 03:09P Weld County CO �1J87� 3 of 7 R 0.00 D 0.00 JA Sukl Taukemoto y State of Colorado ) County of Weld ) ss Th foregoing instvume,nt was acknowledged before me this 5 day of ! L(CL1 , 199eiby .(1,rC [16.114f, t, as A! _n of the Board of County Commissioners for the County of W- ;t•.. .lorado. WITNESS my hand and •i''&l seal. o`; KIMBEFLEE A.s i SCHtIETT f <_ L rrt !/P ' 4P�'/c G✓ • My commission expires: t d}4. / :;stary Public Or COI. `- MyCommissn.i Expires October 1,2001 State of Colorado ) County of ) ss T e regomg instr ent was acknowledged before me this /9 day of 2.7.47 , 1997, byY� bel'.e_ Vaas �„e r for KN Energy,Inc W my hand and official seal ",440}1.12,9>•,. Y ••t • M ctrtrnnDM$E ICx /c) - 7 -01-000 Notary Public BECKMAN P Aqr Gbna Ea:Oct 7.2000 1 111111 11111 111111 111111 11111 III 1111111 III VIII 11111111 2619072 06/11/1998 03:09P Weld County CO 4 of 7 R 0.00 D 0.00 JA Suit! Teukamoto qg-087C7 EXHIBIT "A " Sheet 1 of 2 SW 1/4, Sec. 35 T3N, R68W River 2642.52 Fnd, No. 4 Rebar St' `Train w/ cap LS 7242 --;--01+/— i + Pro%. sou }h Bank _ Sta. 8+47.52 6„ E 50 /' AP N 77°53'3 poinni f .7 847. 5 Begi u+oo N 77otExton 36" Exist. Water Valve 5}° Cotton woo [as.m^^} Exist Kan 500°31 '47"E p,evlousl 0. °25; 23„ ca: un. ine 20' 422.53' 1821. 1°23 Exist F nFront Ran9. Gas Easement G N Exlst. KM En.ryy N 1/4 Cor. Sec. 2 tiE' V Coa L1n. NW Cor, Sec. 2 — — — Fnd. 2" Pipe Fnd. 3 1/4" Alum. Cap N 89°23'08" E 2638.32' Sta. 12+70.0 w/ 3 1/4" Alum. IA Cap LS 10740 LS 10740 Basis of Bearingsat 1 Exist water valves and pipes Oi N Centerline 10' ' o Gas Easement N 5' WELD COUNTY La • N a BOOK 1309 PAGE 1204-1209 ' ' Rec. No. 02261419 d o Oct 0 O Z O c, Point of Terminus Sta. 23+75.40 Sta. 23+69.84 N64°52'45"E 5.56' NW 1/4, Sec. 2 ' Fnd. No. 4 t'C Rebar w/ cap T2N, R68W to LS 7242 Cti itC 1/4 Sec. 2 II Fnd. No. 6 Rebar County Road 24 1/2 w/ 3 1/4" Alum. Cap LS 10740 300 0 300 600 ■ ■ ■ ■ ■ MIMI I ■ ■ ■ NS _ GRAPHIC SCALE — FEET SCALE: 1" = 300' Note: See sheet 2 of 2 for easement description. HALL Sc ASSOCIATES, INC. Professional Land Snrve CO Surveyors I in MU NI 111111 I11II III 11II11I III BE IM III 902 Redwood Drive Loveland, CO 80538 (970) 663-1177 FAX (970) 663-1182 2619072 08/11/1998 03:09P Weld County CO HAI FILE NO. 98-1815A COMP. FILE NAME: 95-I815A °S of 7 R 0.00 D 0.00 Jp Sukl Tsukemoto NAME: WELD COUNTY CLIENT: KY ENERGY nw Vii SECTION , TOWNSHIP Al RANGE 68 WEST 635 North 7th Street 5th PRINCIPAL MERIDIAN WELD COUNTY, COLORADO DRN. BY: ekh Brighton, CO 80621 JOB NO. 98-1815 EXCH. SCALE: I" = 300' DATE: 5-6-98 IGEO CODE 9 o870 EXHIBIT " A " Sheet 2 of 2 EASEMENT DESCRIPTION A strip of land of varying width, in the Southwest 1/4 of Section 35, Township 3 North, and the Northwest 1/4 of Section 2, Township 2 North, all in Range 68 West of the 6th P.M., Weld County, Colorado the centerline of which is described as follows: Concidering the Northerly line of the Northwest 1/4 of said Section 2 as bearing N 89°23'08" E assumed,and monumented as shown, and with all bearings contained herein and relative to. From the Northwest Corner of said Section 2; THENCE N 81°23'23" E, 1821 .25 feet to the POINT OF BEGINNING; THENCE along the centerline of a 20 foot wide easement N 77°54'24" E, 847.52 feet; to the beginning of a 10 foot wide easement THENCE S 00°31 '47" E, parallel with and 5 feet distant, westerly, of the easterly line of the Southwest Quarter of Section 35, Township 3 North, 422.53 feet; THENCE S 00°44'42" W, parallel with and 5 feet distant, westerly, of the easterly line of the Northwest Quarter of Section 2, Township 2 North, 1099.79 feet; THENCE N 64°52'45" E, 5.56 feet to a point on the North—South centerline of said Section 2 and the POINT OF TERMINUS. Said strip being 2375.40 feet in length and containing 0.740 acres, more or less. Surveyors Statement I do hereby state that this easement description is the result of a survey done by me or under my direct supervision and is accurately represented hereon to the best of my knowledge and belief. �alwutflllIilu,yf, p 4 KK C F Mark F. Corbridggoa,.eO D-Gr. -•PLS 619 :a _ro 219 oeo� Pry rU / •e.• � �. '`>°DNAL LPe y`<?mrntien0: \ 1111111 11111 111111 11110 11111 III 1111111 III 11111 Ell 1111 REVISED 05- 15-98 ounty CO 6 of 7 R 0.00 D 0.00 JA Suitt Tsukamoto HALL & ASSOCIATES, INC. Professional Land Surve ors NOTICE This exhibit Is not o Land Survey Plat as defined In CRS 3S-5t-103(12)or an y Improvement Survey Plat as defined In CRS 38-51-102(9). N is prepared esoluelvley 902 Redwood Drive Loveland, CO 80538 for the depletion of a proposed .aeemenl acquisition Aaron the parcel shown. According le Colorado law you muse oommenoe any legal ahNon based upon any defect (970) 663-1 177 FAX (970) 663-1 182 In this survey within three years after you first discover such defect. In no event may any action based upon any defeat In this survey be commenced more than ten years HAI FILE NO. 98-1815A 'COMP. PILE NAME: 98-1815A from the date of the certification shown hereon. NAME: WELD COUNTY CLIENT: RN ENERGY sw 174 iii SECTION 25 TOWNSHIP iN RANGE 68 WEST 635 North 7th Street 6th PRINCIPAL MERIDIAN WELD COUNTY, COLORADO DRN. BY: ekh Brighton, CO 80621 JOB NO. 98-1815 ' EXCH. ' SCALE: 1" = 300' DATE: 5-6-98 'GEO CODE 9c0E 7O ia� _..a_amns., .-m.acv-- vne:.s. Ma is aasa_� n� _s..:; � s e.__ _.R.•�= peen v -.cur:&... dna rx,e n _msgr ell NORWEST BANK COLOR) N.A. 65421 �( DENVER �� CINCea DENVER,COLORADO 80274 ENERGY 370 VAN GORDON 23.7-1020 LAKEWOOD,CO 80228 May 8_,_ PAY Two Thousand Three Hundred Seventy Fiveand 401100*************** 375.40* i TD Weld County, Colorado THE. ORDER RIGHT OF WAY ACCOUNT I OF AURTHORIZED SIGNATURE ` 11'0654 n' 1 2 i : i0 20000761 704 i0 L808 La6'. -4t) sc,c,Q 4i DETACH AND RETAIN THIS STATEMENT KN ENERGY i HE AT ALHRO CHF- -C BR OM DELUXE-FORM W VCP-3 V-2 DATE DESCRIPTION AMOUNT 5-8-98 For a right-of-way on Section 2, T2N-R68W and Sec. 35, T3N-R68W$2,375.40 Weld County, Colorado 17. 107000.90.1000.0210. 10129-02 V.2 1111111111111111111111111111 III 1111111 III 11111 IHI 1111 2619072 06/11/1998 03:09P Weld County CO 7 of 7 R 0.00 D 0.00 JA Suki Teukamoto Hello