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Home My WebLink About971730.tiffRESOLUTION RE: APPROVE EASEMENT AGREEMENT TO PLACE GAS PIPELINE THROUGH HOKESTRA GRAVEL PIT AND AUTHORIZE CHAIR TO SIGN - KN ENERGY WHEREAS, the Eoard 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 to place a gas pipeline through the Hokestra Gravel Pit 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, 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 with the following condition: KN Energy shall provide a letter to the Board of County Commissioners releasing the Board from liability. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Easement Agreement to place a gas pipeline through the Hokestra Gravel Pit 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 13th day of August, A.D., 1997. ATT W BY u trk to APPROV P AS TO FORM: Unty Attorn CC : Pw; cA; Kw5itngg BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO EXCUSED DATE OF SIGNING George E. Baxter, Chair idl1 i-sc.•1 2 Constance L. Harbert, Pro-Tem EXCUSED Dale K.,Hall vC�/ 2 � ® /tCr (AYE) CUSED DATE F SIGNIN (AYE) vJ7 Barbara J. Kirkmeyer, j W. H. Webster /( _ /0 971730 EG0036 ga 567 EASEMENT AGREEMENT This Easement Agreement, is made and entered into this MIL 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, 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 one or more natural gas pipelines, ("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. In addition, KN may use an additional ten (10) feet on each side of 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. 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 of the Pipeline, ICN 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"), 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 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. 2563782 B-1621 P-574 08/15/1997 03:12P PG 1 OF 4 REC DOC I Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00 2568567 B-1626 P-149 09/11/1997 01:03P PG 1 OF 5 REC DOC ^N Weld County CO JA Suki Tsukamoto Clerk Sr Recorder 0.00 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, ICN agrees to notify WELD COUNTY of the emergency that occurred no later than the following business day after KN has begun any such emergency repairs. KN shall maintain the Pipeline at KN's cost and expense. KN 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 p coverages satisfactory to WELD COUNTY. Such in3urancc tall name WELD COUNTY a. 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. 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 2563782 B-1621 P-574 08/15/1997 03:12P PG 2 OF 4 2568567 8-1626 P-149 09/11/1997 01:03P PG 2 OF 5 abandonment. After said abandonment, if KN 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: i� ,Q By: ge E. Baxter, Chair y4, Clerk to the Board 0 glair/ KN ENERGY By: Title Ti:PP—E NTATiVE 2563782 B-1621 P-574 2568567 B-1626 P-149 08/15/1997 03:12P PG 3 OF 4 09/11/1997 01:03P PG 3 OF 5 3 State of Colorado ) County of Weld ) ss The regoing instrument was acknowledged before me this (.5 day of 1997, by "-forge F. et , as &/AY— of the Board of County Commissioners for the County of Weld, State of Colorado. WITNESS my hand and official seal. My commission expires: MY A 1.AiY 10, 1'L'�9` State of Colorado ) County of 'Eta) ss The foregoing instrument was acknowledged before me this 116 day of et fI 1997, by � J, 4 4 , ≤144O , as ep pfd.n.f tve-K for KN Energy, I c. WITNESS my hand and official seal Notary Public 5 6 a rb ar&- Oe. F6x--er Cv✓�n�a-, Co fa 556 2563782 B-1621 P-574 08/15/1997 03:12P PG 4 OF 4 2568567 B-1626 P-149 09/11/1997 01:03P PG 4 OF 5 4 08/08/97 09:49 FAX 970 888 1194 HILL LAND 1Z 02 EXHIBIT "A" EASEMENT DESCRIPTION A strip of land, 20 feet In width, In the Southwest 1/4 of Section 35. Township 3 North, and the Northwest 1/4 of Section 2, Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County. Colorado the centerline of which Is described as follows: Considering the Southerly line of the Northwest 1/4 of said Section 2 as bearing S 89°47'45"E, as described In deed, monumenfed as shown, and with all bearings contained herein relative to. From the Northwest Corner of said Section 2: THENCE S 17°16'26"E, 164.77 feet to the POINT Of BEGINNING; THENCE N 59.53'55"E, 90.57 feet; THENCE N 72'26'03"E, 745.81 feet; THENCE N 77°50'24"E, 972.00 feet THENCE parallel to and 10 feet Westerly of on existing gas line os marked the following three courses and distances: 1) 5 09°04'38"E, 29.37 feet: 2) 5 06°05'40"W, 1806.51 feel; 3) 5 00.33'22"W, 1017.31 feet THENCE N 89'47'45"W, parallel with and ID feet Northerly of The South line of the Northwest 1/4 of Section 2, 236.17 feet THENCE S 24'05'15"W, 10.94 feet to a point on said South line and the POINT OF TERMINUS. Sold strip being 4910.68 feet In length and containing 2.255 acres, more or less. NW Car. See. 2 Fnd. 3 1/4 Al. Cop PL5 10740 per ties N 00'46'36"W 51.30' TIE: S 17°16'28"E 164.77' POINT OF BEGINNING Ma. 0400 itel cis MO EN N 00.17'11"E 2568. N 00.17'36"E T. vlcc N 053 77.53' 51.1.30'0' N N S,vR' — " N 77°771 245.81 581 I Ste. mean N 89°53'35W 90.57' CENTERLINE 20' GAS EASEMENT WELD COUNTY BOOK 1309 PAGE 1204-1209 F W 1/4 Cor. Sec. 2 Fnd 3 1/4" Al Cap an 3Al. Pipe In range box PIS 18482, per IMO R POINT OF TERMINUS SM. 19N0.ee 89.47'45"E 1540.02' Ste. '5+05.36 S 09°04'38'E 29.37' Sid 16437.75 10.00' 7 2 SW. 564u11 89'43'25"E Can. Sec. 2 u Fnd. 06 Reber W/ 3101.51/14017A410 Cop o^. per ties n ^a,h eln 5 89'47'45"E 7'9.34' S 24°05'15'91 10.94 „u_�owe s 00.58.06"E BASIS 07 BE°tRINCS _ 5 89.47V5'Y 2617.1I' CTK=RD, 24 1/2 500 0 500 1000 L AJ_1 GRAPHIC CA — fFEr HALL & ASSOCIATES, INC. Professional Land Surveyors 902 Redwood Drive Loveland, CO 80538 (970) 663-1177 HAI FILE NO. 97-1690 Surveyors Statement I do hereby state t.ha result of a curve supervision and to the best of nkt 4Q 256 -97 *Mainy.Aee S M • WSlurVayrlah w d.WM Y we,weawl 'envy 1M is YAW Sae S151 -lea e lw 0. d„idan u • Msewe oma n wgw.ws w.w, I.. panel a..... /awing S CS,,— M P wd mwn•u we hew:saw ewes we A N,tl tl e "se, alert. e,w, ,,n IOW F. e.l t,..w.e ie..ai. in le w.l n., we win Send o,. inn •°1M F es wimp S. sawn.° ms. M „e "min from en dais Of w «nMen.n w.. Yana, EC ebb 9111 ,n S 'o'n 0 fik-N 1/4 Cor. See 2 asement description is the -r under my ducot resented hereon cuet. Mark F. Corbrid4 mAMY 256 9 NAME WELD COUNTY KKe. 1/4 SECTION sj O1h PRINCIPAL MERIDIAN TOWNSHIP 57187 RANGE 66 WEST WELD COUNTY. COLORADO SCALE: 1"=500 URN. BY: ech DATE: 6/5/97 ' GEO CODE KN ENERGY 635 N. 7th St. Brighton, CO 80621 J09 NO. EXCH.' R.D.W. NO. 2568567 B-1626 P-149 09/11/1997 01:03P PG 5 Hello