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Home My WebLink About20211535.tiffRESOLUTION RE: APPROVE COMMON USE AND FACILITY RELOCATION AGREEMENT FOR O STREET SPUR PROJECT AND AUTHORIZE CHAIR TO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION AND DCP MIDSTREAM, LP, DBA DCP OPERATING COMPANY, LP 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 a Common Use and Facility Relocation Agreement for the O Street Spur Project among 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, the Colorado Department of Transportation, and DCP Midstream, LP, dba DCP Operating Company, LP, with further 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 Common Use and Facility Relocation Agreement for the O Street Spur Project among 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, the Colorado Department of Transportation, and DCP Midstream, LP, dba DCP Operating Company, LP, 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 14th day of June, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddetwo jelt,; Weld County Clerk to the Board Steve Moreno, Chair EXCUSED Deputy Clerk to the Boar APPROVED AS Cour • ttorney Date of signature: 06/2-v. cc : Pr4CER/O-O 4il4f72 2021-1535 EG0079 yfnFL4tih'Asdi itefi'G"� •t ^"' V .11:021%; 1' SieY ..:,*__ -" 't.'(. .- V:.a..rt.e,ZV."'' OYM. trot c+ :Ls MEMO k ND U TO: Board of County Commissioners DATE: June 11, 2021 FROM: Elizabeth Relford, Deputy PW Director SUBJECT: O Street Spur — CUA — DCP Operating Company, LP In accordance with the email dated June 8, 2021, Public Works requests the Commissioners enter into a Common Use and Facility Relocation Agreement with DCP Operating Company, LP for the O Street Spur project. The agreement identifies CDOT as the party responsible for the cost of design, right-of- way acquisition, utility relocation and construction of the O Street Spur. When the project is complete, CDOT will convey the right-of-way and improvements to Weld County for ownership and maintenance. Please see the attached vicinity map of the spur improvements. The project will begin in July and is anticipated to be completed by September 2021. The utility companies affected by the project include, but are not limited to, DCP Operating Company, LLP, North Weld County Water District, and Public Service Company (XCEL). Each of these companies requires their own agreement, so this Common Use Agreement (CUA) is specific to DCP. Staff recommends authorization of the Chair's signature on the agreement. I am available at your convenience to answer any questions you may have. 2021-1535 GOO1 9 St ject June 4! 2021 From: Lori Saine To: Elizabeth Refford Cc: Commissioners; Bruce Barker; Pon Dunker; Don Warden; Ryan Rose; Esther Gesick; Karla Ford• Bob Choate Subject: Re: O Stre& Spur Common Use Agreement Pickle Date: Tuesday, June 8, 2021 10:58:54 AM Sitting here with Perry, Mike and Steve. We are all in agreement to put on Agenda for Monday. Sent from my iPhone On Jun 8, 2021, at 10:48 AM, Elizabeth Relford <erelford@weldgov.com> wrote: Commissioners, We are in a bind and I am requesting forgiveness on following the pass around process so we can get CDOT going on the 0 Street Spur project. CDOT is requiring a common use agreement for the 0 Street Spur construction project and this agreement seems to be what is holding up Castle Rock Construction from starting on the project. Is there anyway we could try to get it on Monday's BOCC agenda for approval? Bob Choate had previously reviewed and approved this version and now DCP has signed it. If you are ok with moving forward, I will load it into OnBase for CTB. Please advise. Thanks, Elizabeth Belford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley. CO 80632-0758 Email: erelfordOco.weld.co.us Office: [970) 400- 3748 Cell: (970) 673-5836 Web: http://www.co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. <23186 CUA DCP signed.pdf> <23186 CUA NW signed.pdf COMMON USE AND FACILITY RELOCATION AGREEMENT - O STREET SPUR PROJECT This Common Use and Facility Relocation Agreement ("Agreement"), made and entered into this ( lay of acsne. , 2021, by and between the STATE OF COLORADO, for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"), and the COUNTY OF WELD, on behalf of the Weld County Department of Public Works ("Weld County"), and DCP MIDSTREAM, LP doing business as DCP OPERATING COMPANY, LP ("Company"). RECITALS: WHEREAS, to promote the safety of the citizens of Weld County and other members of the traveling public, CDOT and Weld County are cooperating to undertake the construction of a public improvement project, known as the O Street Spur (hereinafter the "Project"), generally located in the Northeast 'A of Section 33, Township 6 North, Range 65 West, and WHEREAS, Company owns or possesses an easement or right-of-way ("Company's Easement"), which is described in that certain document recorded on March 6, 1996 in the records of the Weld County Clerk and Recorder at reception number 2494363, and WHEREAS, because construction of the Project may affect Company's Easement, the parties desire to enter into this Agreement in order to allow for construction of the Project and plan for the future. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: I. COMMON USE AREA 1. Project Encroachment in Company's Easement: The parties recognize that the design and construction of the Project will necessarily encroach onto that portion of the Project area which is included within the Company's Easement. Company hereby consents to such encroachment in accordance with the terms of this Agreement. The area of encroachment is defined as that portion of Company's Easement that is also occupied by the public road right-of- way ("Road ROW"), and is hereafter referred to as the "Common Use Area." The parties intend that the Project and Company's Easement will occupy the Common Use Area unless and until Company abandons Company's Easement or relocates its facilities ("Company's Facilities") from Company's Easement in accordance with section II below. 2. Right -of -Way. CDOT agrees that it has or will acquire all Road ROW from the underlying fee property owners that CDOT determines is necessary for the Project, regardless of whether such Road ROW is located within the Common Use Area. CDOT shall acquire such property interests in whatever form it deems appropriate. 3. Company Use of Common Use Area. If at any time the Company desires to enter upon the Common Use Area to construct, operate, repair, and/or maintain the Company's Facilities, the Company shall give advance notice to and obtain prior approval from the CDOT's Regional Transportation Director or authorized representative, and shall comply with all terms and 1 o2 i -153 conditions of a permit issued by CDOT covering such approved activity. If such Road ROW has been conveyed to Weld County in accordance with section I1I.1 below, Company shall apply for and receive a right-of-way use permit ("County ROW Permit") in accordance with Weld County Code Chapter 8, Article XIII. Weld County has a no -cut policy for concrete roadways. If, due to an emergency, the Company is unable to comply with the aforementioned notice and approval requirements, the Company shall notify CDOT or Weld County, as may be relevant, as soon as possible after discovering the emergency situation, and thereafter shall comply with any instructions which may be issued by the CDOT or Weld County in response to the emergency. In all cases, the Company shall make adequate provision for the protection and safety of the traveling public. IL RELOCATION AND ABANDONMENT OF COMPANY'S EASEMENT 1. Relocation of Company's Facilities. If CDOT determines that the Company's Easement and/or Company's Facilities conflict with the Project, Company agrees to relocate, reconstruct, remove, or abandon -in -place Company's Facilities ("the Work"), as determined by CDOT, and to abandon Company's Easement from the Common Use Area. Upon Company's receipt of notice from CDOT that such Work is necessary, Company shall cooperate with CDOT in the performance of the Work in a manner consistent with the interests of both parties, and at a time convenient to and ii coordination with the Project construction. 2. Just Compensation. In such circumstance CDOT shall pay just compensation to Company for the abandoned Company Easement, which shall be subject to negotiation between Company and CDOT by separate agreement. Such relocation Work shall be performed by or under the direction of either the CDOT or the Company, as agreed upon in writing in advance by those two parties. In any case, CDOT shall be responsible for all eligible relocation Work costs as determined in accordance with applicable state and/or federal laws and regulations. 3. Abandonment of Company's Easement from Common Use Area. If as a result of the Work described above, the Company must terminate use and occupancy of all or part of the Common Use Area, the Company shall execute a quit claim ceding to CDOT all rights of the Company to such property, or execute and record an appropriate document abandoning all interest in Company's Easement within the Common Use Area, as determined by CDOT. 4. Timing of Relocation of Company's Facilities. If Company receives notice that Company's Facilities must be relocated, reconstructed, removed, or abandoned -in -place from CDOT, Company shall endeavor to do so within such time as may be negotiated by separate agreement between those two parties. III. FUTURE USE OF COMMON USE AREA 1. CDOT Conveyance to Weld County. CDOT is primarily responsible for design and construction of the Project. At the conclusion of said construction, CDOT intends to convey the Project area to Weld County. All parties to this Agreement expressly agree that CDOT shall be authorized to convey any of its property interests in the Project area to Weld County by separate document, and without further approval by Company. Weld County may consent to the assignment of such property interests by CDOT, which shall include the provisions of this Agreement, and in such case CDOT shall be released from further obligation under this Agreement. Company retains 2 its rights to Company's Easement and Company's Facilities, subject to the terms of this Agreement and any other Agreement between Company and CDOT. 2. Future Road Projects. After CDOT conveys the Project area to Weld County, and Weld County accepts such assignment, Weld County shall exercise exclusive control over the Project area, subject to the terms of this Agreement and the then -current terms of Company's Easement. Should Weld County determine that an additional road project is necessary (e.g. roadway expansion) that then requires the relocation, reconstruction, removal, or abandonment - in -place of Company's Facilities, Weld County shall provide notice and negotiate such work by separate agreement with Company. IV. MISCELLANEOUS 1. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County or its designee. 2. Agreement Binding. This writing, together with the exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties their officers, employees, agents, and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 3. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 4. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of all parties. In the event that any municipality annexes any portion of the roadway that comprises the Common Use Area, Weld County shall automatically be released of obligation under this Agreement, and said annexing municipality shall be obligated to the terms of this Agreement in its place as to that portion of the Common Use Area which has been annexed. 5. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 6. Attorney Fees/Legal Costs. In the event of a dispute between the parties concerning this Agreement, the parties agree that no party shall be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of any other party. 3 7. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, two duplicate originals of this Agreement, each of which shall be deemed an original, on the date first written above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO STATE OF COLORADO DEPARTMENT OFIRANSPORTATION teve Moreno, Chair JUN 14 2021 Regiotf 4 Right of Way Manager 4 .20.2.1 - /65 Colorado Department of Transportation 10901 West 1210 Street 0reeley, CO 00534 Ph 151970-250-2173 FA. 970-350-2223 Sheet Revisions new Sheet Revisions AP='ear' LineotUnits = U.S. Survey Feet I" = 300' 4 z Right of Way Plans Plan Sheet Prefect Punter; Reject Lecotiorc Pots, CItwoPstmu 9s,., IrA.aw.I PP DEPARTMENT OF TRANSPORTATION STATE OF COLORADO 14 LS'25053m Ion SEC 32,T 6 N, R 65 W, 6TH P.M. WELD COUNTY Ai NE 1/4 SECTION 32 T6 N, R 65 W yo:u: 02 !K9°12.29'E N82°49'55"W 1024.09' TO IP/ SEC 32 NO'IS'H'1'I 1705.21' 7 as —i 92.9Pa 25' 0SSLINE EASEMENT - _Omicron Ct a" / POINT OF BEGINNING _.- 25' GASLINE EASEMENT see S0'09"E 1295.30' FROM NE CORNER 532 NE CDR A Sec 32 3 1/4" darn LS 25953 Iti S A m --CREELEI 1" = 5280' $sT_.8.EeT SITE 1T6N,R65W (TS R65W 'PROJECT COORDJNAtES SUMMARY VILE Pt. No. I 00r07109(It) Eosl'na(f0 I Oesc. 31 95972.55 109404.45 3' ohm 32 95697.75 111997.54 >4 ahpn. Basis of Bearings Bearings used 11 the calculations of coordinates are bond an a grid bearing of N 40°13'29" W Warn CM 6959 (COBT Type 5 Monument) to CM 6966 (COOT Type 5 Monument). The surrey data was a4laxid from o C obal Positioning System 1675) swim base on the Colorado Kph Accuracy Reference Network (MON). CCODINATE 0A/194 Project coordeotes are modified Colorado State Pine North Zone NOD 93(20071 coord oles. The CORN N based on the NOD 83(2107) datum. The project seed paint coordinates are:Northng = 425120.479e,, Fasting - 903088.15305 and ElevaOan - 400.500m. The combined eleualloWsnde lector used to modify the coordinates n 20662583020. Project coordinates are truncated by 400,000m in the Northing amt 950,000m n Be Eat% To get from Project to State Plasm coordinates( odd the I meaten, subtract 0a seed pant northing and easing, dvide by the ground soda facte,, then add the Had pant northing and misting. 51 W i ‘.3 2494363 B-1549 P-1069 06/03/96 04:35P PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder 16.00 PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF ONE HUNDRED AND NO/100ths ($100.00) DOLLARS, the receipt of which is hereby acknowledged, and a further sum of FIFTEEN AND NO/100ths ($15.00) DOLLARS, per rod for each linear rod of the first pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, I/We, J. Quarter Circle Co., a Colorado corporation, hereinafter referred to as "Grantor" (whether one or more), does hereby grant, sell, convey, and warrant to PanEnergy Field Services, Inc., a Colorado Corporation, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement for the purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a pipeline, or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any other substances whether fluid or solid, any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route to be selected by Grantee on, and through the following described land located in Weld County, State of Colorado, to -wit: Lot A of recorded Exemption No. 0803 -32- 1 -RE -25, recorded in Book 686 as Reception No. 1607802, being part of the North Half (N1/2) of Section Thirty-two (32), Township Six (6) North, Range Sixty-five West of the 6th P.M. The grant is made in consideration that Grantee, its successors and assigns, shall hold Grantor, its successors and assigns, harmless from damage or liability of any character which may arise out of the exercise of the rights herein granted. Installation and maintenance of said pipeline shall comply with all Oil and Gas Commission regulations. Said pipeline easement being more particularly described on EXHIBIT "A" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. It is agreed that the pipeline to be laid under this grant shall be constructed at sufficient depth below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said line or lines. Grantee agrees to pay to the owners and to any tenant, as their interest may be, and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for 1 damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The said Grantee shall also have the rights to change the size of its pipes, the damages, if any, in making such change to be paid by the said Grantee. Grantor represents that the above described land is rented for the period beginning January 1, 1996 to December 31, 1996, on (cash) (crop) basis to Hungenberg Produce Co. The terms, conditions, and provisions of this contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. The easement and rights herein granted may be leased or assigned in whole or in part. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this day of March, 1996, signed, sealed, and delivered in the presence of: ACKNOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF WELD J. Quarter Circle Colora _• crpor-t' on a By: uce Johnson on Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared A. Bruce Johnson and Thelma M. Johnson on behalf of J. Quarter Circle Co., a Colorado corporation, known to me to be the persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the purposes and consideration therein expressed. ►ate Given under my hand and official seal of office, this day of March, 1996. My Commission expires: `)ok.nni.csa,csei `7, )cici7 6 Notary Public 2494363 B-1549 P-1069 06/03/96 04:35P PG 2 OF 3 2494363 B-1549 P-1069 06/03/96 04:35P PG 3 OF 3 Itit z 495.9' EAT f1,0,W, HWY CC riPACC & 4 STRAND B/W FENCE P1.409' 19'23' RT PROPOSED 6" PAN ENERGY P/L 727.0, ACOSTING PAN ENERGY P/L P1410' 26' 51' LT P1404' 02' 32' RT P}420' 33' 41' RT P1403' 21' 07' LT P1413' 35' 07' LT -TOP WEST BANK DITCH EXHIBIT A T6N R65W SEC. 32 2,212.6 FT. 134.10 RODS MS DRAMS 13 BASED VMS A PREASI17ART SDRTA MP AMMO: PAM= ADM LOCITAW. TN IX= £AC117DN OP at OS SAMODIS J/t 3 S -3U maw DP 297 9S4F R� AS SW .�f7573 Taal 1fD = 77ff nos OF 1321 AblltiMSNT. W.C.R. 64 So. R.O.W. 13.9 30.0' ;1;.! N V Pan EnergyaField Services Inc. SCALE: 1"=50' DALE: 03/18/96 REVISED BY: DRAWN BY:BERNIE DATE REVISED: BOOK No: 96-02 J. QUARTER CIRCLE Co. CO-GFN 6' SALES UNE DISC f30 QUARTER WELD COUNTY PROJ. No.96-031 From: Lori Saine To: Elizabeth Belford Cc: Commissioners; Bruce Barker; Don Dunker; Don Warden; Ryan Rose; Esther Gesick; Karla Ford; Bob Choate Subject: Re: O Street Spur Common Use Agreement Pickle Date: Tuesday, Joie 8, 2021 10:58:54 AM Sitting here with Perry, Mike and Steve. We are all in agreement to put on Agenda for Monday. Sent from my iPhone On Jun 8, 2021, at 10:48 AM, Elizabeth Relford <erelford@weldgov.com> wrote: Commissioners, We are in a bind and I am requesting forgiveness on following the pass around process so we can get CDOT going on the 0 Street Spur project. CDOT is requiring a common use agreement for the 0 Street Spur construction project and this agreement seems to be what is holding up Castle Rock Construction from starting on the project. Is there anyway we could try to get it on Monday's BOCC agenda for approval? Bob Choate had previously reviewed and approved this version and now DCP has signed it. If you are ok with moving forward, I will load it into OnBase for CTB. Please advise. Thanks, Elizabeth Belford Deputy Director Weld County Public Works 1111 H Street PO Box 758 Greeley, CO 80632-0758 Email: erelford@co.weld.co.us Office: (970) 400- 3748 Cell: (970) 673-5836 Web: http://www.co.weld.co.us Ell Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. <23186 CUA DCP signed.pdf <23186 CUA NW signed.pdf> From: Don Dunker To: Hall - CDOT. Chad; Steelman - CDOT. Dustin Cc: Elizabeth Belford; Don Dunker; Bob Choate Subject: Common Use Agreements Date: Thursday, May 20, 2021 3:58:04 PM Chad and Dustin, Bob Choate Assistant County Attorney is fine with the CUA dated 05/03/21 by Dustin. Please move forward with this agreement. Let me know if you have questions. Thanks, Don Dunker, P.E. Weld Ccunty, County Engineer COMMON USE AND FACILITY RELOCATION AGREEMENT - O STREET SPUR PROJECT This Common Use and Facility Relocation Agreement ("Agreement"), made and entered into this day of , 202_, by and between the STATE OF COLORADO, for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"), and the COUNTY OF WELD, on behalf of the Weld County Department of Public Works ("Weld County"), and DCP MIDSTREAM, LP doing business as DCP OPERATING COMPANY, LP ("Company"). RECITALS: WHEREAS, to promote the safety of the citizens of Weld County and other members of the traveling public, CDOT and Weld County are cooperating to undertake the construction of a public improvement project, known as the O Street Spur (hereinafter the "Project"), generally located in the Northeast 1/4 of Section 33, Township 6 North, Range 65 West, and WHEREAS, Company owns or possesses an easement or right-of-way ("Company's Easement"), which is described in that certain document recorded on March 6, 1996 in the records of the Weld County Clerk and Recorder at reception number 2494363, and WHEREAS, because construction of the Project may affect Company's Easement, the parties desire to enter into this Agreement in order to allow for construction of the Project and plan for the future. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereby agree as follows: I. COMMON USE AREA 1. Project Encroachment in Company's Easement: The parties recognize that the design and construction of the Project will necessarily encroach onto that portion of the Project area which is included within the Company's Easement. Company hereby consents to such encroachment in accordance with the terms of this Agreement. The area of encroachment is defined as that portion of Company's Easement that is also occupied by the public road right-of- way ("Road ROW"), and is hereafter referred to as the "Common Use Area." The parties intend that the Project and Company's Easement will occupy the Common Use Area unless and until Company abandons Company's Easement or relocates its facilities ("Company's Facilities") from Company's Easement in accordance with section II below. 2. Right -of -Way. CDOT agrees that it has or will acquire all Road ROW from the underlying fee property owners that CDOT determines is necessary for the Project, regardless of whether such Road ROW is located within the Common Use Area. CDOT shall acquire such property interests in whatever form it deems appropriate. 3. Company Use of Common Use Area. If at any time the Company desires to enter upon the Common Use Area to construct, operate, repair, and/or maintain the Company's Facilities, the Company shall give advance notice to and obtain prior approval from the CDOT's Regional Transportation Director or authorized representative, and shall comply with all terms and 1 conditions of a permit issued by CDOT covering such approved activity. If such Road ROW has been conveyed to Weld County in accordance with section III.1 below, Company shall apply for and receive a right-of-way use permit ("County ROW Permit") in accordance with Weld County Code Chapter 8, Article XIII. Weld County has a no -cut policy for concrete roadways. If, due to an emergency, the Company is unable to comply with the aforementioned notice and approval requirements, the Company shall notify CDOT or Weld County, as may be relevant, as soon as possible after discovering the emergency situation, and thereafter shall comply with any instructions which may be issued by the CDOT or Weld County in response to the emergency. In all cases, the Company shall make adequate provision for the protection and safety of the traveling public. IL RELOCATION AND ABANDONMENT OF COMPANY'S EASEMENT 1. Relocation of Company's Facilities. If CDOT determines that the Company's Easement and/or Company's Facilities conflict with the Project, Company agrees to relocate, reconstruct, remove, or abandon -in -place Company's Facilities ("the Work"), as determined by CDOT, and to abandon Company's Easement from the Common Use Area. Upon Company's receipt of notice from CDOT that such Work is necessary, Company shall cooperate with CDOT in the performance of the Work in a manner consistent with the interests of both parties, and at a time convenient to and in coordination with the Project construction. 2. Just Compensation. In such circumstance CDOT shall pay just compensation to Company for the abandoned Company Easement, which shall be subject to negotiation between Company and CDOT by separate agreement. Such relocation Work shall be performed by or under the direction of either the CDOT or the Company, as agreed upon in writing in advance by those two parties. In any case, CDOT shall be responsible for all eligible relocation Work costs as determined in accordance with applicable state and/or federal laws and regulations. 3. Abandonment of Company's Easement from Common Use Area. If as a result of the Work described above, the Company must terminate use and occupancy of all or part of the Common Use Area, the Company shall execute a quit claim ceding to CDOT all rights of the Company to such property, or execute and record an appropriate document abandoning all interest in Company's Easement within the Common Use Area, as determined by CDOT. 4. Timing of Relocation of Company's Facilities. If Company receives notice that Company's Facilities must be relocated, reconstructed, removed, or abandoned -in -place from CDOT, Company shall endeavor to do so within such time as may be negotiated by separate agreement between those two parties. III. FUTURE USE OF COMMON USE AREA 1. CDOT Conveyance to Weld County. CDOT is primarily responsible for design and construction of the Project. At the conclusion of said construction, CDOT intends to convey the Project area to Weld County. All parties to this Agreement expressly agree that CDOT shall be authorized to convey any of its property interests in the Project area to Weld County by separate document, and without further approval by Company. Weld County may consent to the assignment of such property interests by CDOT, which shall include the provisions of this Agreement, and in such case CDOT shall be released from further obligation under this Agreement. Company retains 2 its rights to Company's Easement and Company's Facilities, subject to the terms of this Agreement and any other Agreement between Company and CDOT. 2. Future Road Projects. After CDOT conveys the Project area to Weld County, and Weld County accepts such assignment, Weld County shall exercise exclusive control over the Project area, subject to the terms of this Agreement and the then -current terms of Company's Easement. Should Weld County determine that an additional road project is necessary (e.g. roadway expansion) that then requires the relocation, reconstruction, removal, or abandonment - in -place of Company's Facilities, Weld County shall provide notice and negotiate such work by separate agreement with Company. IV. MISCELLANEOUS 1. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County or its designee. 2. Agreement Binding. This writing, together with the exhibits, constitutes the entire Agreement between the parties hereto with respect to the subject matter herein, and shall be binding upon said parties their officers, employees, agents, and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 3. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 4. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of all parties. In the event that any municipality annexes any portion of the roadway that comprises the Common Use Area, Weld County shall automatically be released of obligation under this Agreement, and said annexing municipality shall be obligated to the terms of this Agreement in its place as to that portion of the Common Use Area which has been annexed. 5. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 6. Attorney Fees/Legal Costs. In the event of a dispute between the parties concerning this Agreement, the parties agree that no party shall be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of any other party. 3 7. Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, cif the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, two duplicate originals of this Agreement, each of which shall be deemed an original, on the date first written above. COMPANY: i . 011/ Date BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board B Name-„lc..4r .o. ;y4 j --• / Title: .....� �� .C..-� Steve Moreno, Chair STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 4 Right of Way Manager 4 Colorado Department of Transportation 10601 West Mtn Street Crosby, CO 00634 Pnwrc:970-360-2173 FAX:970-350-2223 aw Sheet Revisions DoinkorEat rye Sheet Revisions Mean Lineal Units = U.S. Survey Feet 1" = 300' ♦ 2e Right of Way Plane Plan Sheet Project limber: Pieiect tacelan: P.M Marmite MI Sao rnrnl NE 1/4 SECTION 32 T6 N, R 65 W PP DEPARTMENT OF TRANSPORTATION Al STATE OF COLORADO z 0.67' N50° 12'26"E SEC 32,T 6 N, R 65 W, 6TH P.M. WELD COUNTY 566 N92.49'55'Ye 102499' TO N/ SEC 32 1 00 t9'14"W '70%2 1 96 .01' i 25'GASLR€ EASEMENT 12 if TNFR vas OF Cheraw Ct. 2 � _..r% POINT GF 0EGIIWONG 25' GASLDIE EASEMENT SEW 50.015°E 1295.30' Rau NE CORNER 532 NE CDR A Sec 32 3 I/4" alum L5 25953 N 1/4 Sec 32 3 1/4" alum L5 25953 1" = 5280' PROJECT COORDINATES SUMMIT TABLE Pt. NG. NortldI nq(tt) Eoetnq(11) Deed. 31 93972.55 32 195697.75 111 997.545 13(// a Wm, Boris of 6emigs' Swings used ia9s odNoGano of naad'ndn ace based n a grid besting el N 40°13.29" W front CM 6959 (COOT Type 5 Maemeet) to CM 8966 (COOT Type 5 Monument). The ensey data was abloned from a Global PositioWg System (GPS) survey hose an the Cabrado I4gn Accuracy Reference IA Network (DORN). 4. COORDINATE OAIIA0 Propel domdmtes are modified Colorado Slate Plane North Zoo NAO '83(2007) dominates. The OAR is based an the NM 63(20071 CO down. The project seed point caordnates arm hbrthro - 42512(1.479m, q Es.lq - 983088.183,,, and Elevation - 1400.0060. The combined elevation/sole factor need to madly the taordnotes in L0002583020. Project coordinates are truncated by 400,000,, kr the NorWng and 950,000m a the fasting. To gel from Project to Stole Mane mamba= add the truncation subtract the seed paint onthiq and ousting, dvide by the ground fade hear, then add the seed poet northing and eating. 2494363 8-1549 P-1069 06/03/96 04:35P PG 1 OF 3 REC DOC Weld County Co Clerk & Recorder 16.00 PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF ONE HUNDRED AND NO/100ths ($100.00) DOLLARS, the receipt of which is hereby acknowledged, and a further sum of FIFTEEN AND NO/100ths ($15.00) DOLLARS, per rod for each linear rod of the first pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, I/We, J. Quarter Circle Co., a Colorado corporation, hereinafter referred to as "Grantor" (whether one or more), does hereby grant, sell, convey, and warrant to PanEnergy Field Services, Inc., a Colorado Corporation, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and easement for the purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a pipeline, or other appurtenances, for the transportation of oil, gas, petroleum products, water, and any other substances whether fluid or solid, any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route to be selected by Grantee on, and through the following described land located in Weld County, State of Colorado, to -wit: Lot A of recorded Exemption No. 0803 -32- 1 -RE -25, recorded in Book 686 as Reception No. 1607802, being part of the North Half (N1/2) of Section Thirty-two (32), Township Six (6) North, Range Sixty-five West of the 6th P.M. The grant is made in consideration that Grantee, its successors and assigns, shall hold Grantor, its successors and assigns, harmless from damage or liability of any character which may arise out of the exercise of the rights herein granted. Installation and maintenance of said pipeline shall comply with all Oil and Gas Commission regulations. Said pipeline easement being more particularly described on EXHIBIT "A" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, on, over, and across said land and adjacent land of Grantor. It is agreed that the pipeline to be laid under this grant shall be constructed at sufficient depth below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said line or lines. Grantee agrees to pay to the owners and to any tenant, as their interest may be, and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the first pipeline has been constructed hereunder, Grantee shall not be liable for 1 damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The said Grantee shall also have the rights to change the size of its pipes, the damages, if any, in making such change to be paid by the said Grantee. Grantor represents that the above described land is rented for the period beginning January 1, 1996 to December 31, 1996, on (cash) (crop) basis to Hungenberg Produce Co. The terms, conditions, and provisions of this contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. The easement and rights herein granted may be leased or assigned in whole or in part. TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. IN WITNESS WHEREOF, Grantor has executed this instrument this f.74-. day of March, 1996, signed, sealed, and delivered in the presence of: J. Quarter Circle , a Colora y c'.rpor -t ACKNOWLEDGMENT STATE OF COLORADO SS. COUNTY OF WELD By: • uce Johnson Thelma Johnson Before me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared A. Bruce Johnson and Thelma M. Johnson on behalf of J. Quarter Circle Co., a Colorado corporation, known to me to be the persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the purposes and consideration therein expressed. Given under my hand and official seal of office, this day of March, 1996. My Commission expires: }0VHll4QC(( `7, G?g7 (.P ) Q,-,cc..i ..4_l2...6 100- i Notary Public 2494363 B-1549 P-1069 06/03/96 04:35P PG 2 OF 3 2494363 B-1549 P-1069 06/03/96 04:35P PG 3 OF 3 z EAST R.0.W. HWY 85 BYPASS & 4 STRAND 9/W FENCE 495.9' P .09' 19'23' RT PROPOSED 6" PAN ENERGY P/L 127,0' EXISTING PAN ENERGY PA. PI410' 26' 51' LT P1404' 02' 32' RT 205.0' LR EXHIBIT A PI420' 33' 41' RT PI403' 21' 07' LT PI413' 35' 07' LT TOP WEST BANK DITCH T6N R65W SEC. 32 2,212.6 FT. 134.10 RODS nos MVO 13 RASED POI A PBWI HARP nnava in Aram= PROPUIT.GAT LOW= MI =CT 20CA17DR aT INC annum o r rffi UMW COR MD now saut ZS AWUDPZDCRIR1�'8 f0 Mazy DATt OP Amman 54.1' W.C.R. 64 So. R.D.W. 13.9 r'o 30.0' 17 _Li• .LZ .6 Pan E�nergy-Field Services Inc. SCALE:1"=50' REVISED BY: DRAWN BY:BERME DATE: 03/18/96 DATE REVISED: BOOK No,:96-02 J. QUARTER CIRCLE Co. IS-ZUdrMar :Mein ARIR 172 DO_00 6' qv cc uNE DISK X30 QUARTER WELD COUNTY_PROJ. No.96-031 Contract Form New Contract Request Entity information Entity Name* COLORADO DEPARTMENT OF TRANSPORTATION Entity ID* P00003413 ❑ New Entity? Contract Name* Contract ID O STREET SPUR PROJECT - COMMON USE AND FACILITY 4829 RELOCATION AGREEMENT - DCP OPERATING COMPANY, LP Contract Status CTB REVIEW Contract Le ERELFORD Contract Lead Email erelford@co.weld.co.0s Parent Contract ID Requires Board Approval YES Department Project # Contract Description* CDOT AND WELD COUNTY ARE PARTNERING ON THE CONSTRUCTION OF THE O STREET SPUR PROJECT. COOT WILL CONSTRUCT THE IMPROVEMENTS AND THEN CONVEY THE NEW ROAD TO WELD COUNTY FOR OWNERSHIP AND MAINTENANCE. Contract Description 2 THIS AGREEMENT IS WITH DCP, CDOT AND WELD COUNTY. THE O STREET SPUR IS LOCATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 65 WEST. Contract Type AGREEMENT Amount * $0.00 Renewable* NO Automatic Renewal Grant rtrrent PUBLIC WORKS Department Email CM- PubiicW©rks@weldgov.com Department Head Email CM-PublicWorks- DeptHeadwweldgov.com County Attorney GENERAL COUNTY A l I ORNEY EMAIL County Attorney Email CM- COUNTYA I I ORNEY@WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 06,`14; 2021 Due Date 06/10,12021 Will a work session with BOCC be required? NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Se r ;Dices Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date' 06;14,12022 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Contact Type Purchasing Committed Delivery Date Purchasing Approver Purchasing Approval Process Department Head JAY MCDONALD OH Approved Date 06/08,2021 Irkal Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/14;2021 Originator ERELFORD Finance Approver BARB CONNOLLY Expiration Date k 06/1412022 Contact Phone I Contact Phone 2 Legal Counsel BOB CHOA l t Finance Approved Date Legal Counsel Approved Date 06;`09/2021 06;09+2021 Tyler Ref # AG 061421 Hello