HomeMy WebLinkAbout20192568.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR SALE OF PIPELINE EASEMENT AND AUTHORIZE
CHAIR TO SIGN - CHEYENNE CONNECTOR PIPELINE, INC.
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 for Sale of Pipeline
Easement between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Cheyenne Connector Pipeline, Inc., commencing upon full
execution of signatures, 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 Agreement for Sale of Pipeline Easement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Cheyenne Connector Pipeline, Inc., 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 3rd day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WAD COUNTY, CO DO
ATTEST: d.Avo
;
Weld County Clerk tome Board
ounty Attorney
Date of signature: 7[100f 9
Steve Moreno
ara Kirkmeyer, phair
0"71`001/ t9
2019-2568
EG0076
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: June 11, 2019
SUBJECT: Request to Purchase Easement — Cheyenne Connector
Commissioners,
As you know, you recently approved the Cheyenne Connector pipeline USR. At my request, the operator delayed its
request to purchase an easement from the County until the Board took final action on its USR application. Now that it has
been approved, the operator is again requesting to purchase an easement from the County. The affected property is owned
by the County in fee and is located '/2 mile west of CR 39 on the south side of CR 38. The parcel has a telecommunication
tower on it, and the easement is on the south side of the lot, away from the road. Buildings and Grounds Director Toby
Taylor and Public Safety Communications Director Mike Wallace have reviewed the request, and neither have any
concerns.
The permanent easement is approximately 280 feet in length, 50 feet in width, and the temporary construction easement is
an additional 75 feet in width. The form of the easement agreement has been negotiated by the County Attorney's Office
to prohibit fencing and gates, as well as abandonment -in -place, replacement, changing the size of the pipeline, or adding
additional pipelines.
Total compensation to be paid to the County is $1 1,500. I recommend you approve this request. If so, I will place this on
your regular business agenda. As always, I am available to answer any questions you may have.
Approve Staff
Recommendation
Work
Session
Requested
Comments
Sean
Conway
1111
Mike
Freeman
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Scott
JJames
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Barbara
Kirkmeyer
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Steve
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2019-2568
0-7/03
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Tract No: CO -WE -818.510
PIPELINE EASEMENT
THIS PIPELINE EASEMENT ("Agreement") is made this 3 day of July, 2019, from County of
Weld, a Body corporate and politic, c/o Board of County Commissioners of Weld County, Colorado,
whose address is 1150 O Street, Greeley, CO 80631 ("Grantor" whether one or more), to Cheyenne
Connector Pipeline, Inc., a Colorado corporation, whose address is 370 Van Gordon Street,
Lakewood, Colorado 80228 ("Grantee"). The parties agree as follows:
1. Grant. For and in consideration of Eleven Thousand Five Hundred Eighty Dollars and
00/100 ($11,580.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Grantor hereby grants, sells, conveys and warrants unto Grantee, its successors
and assigns, a perpetual non-exclusive easement to survey (including, but not limited to, civil,
environmental, geotechnical, and cultural surveys), construct, maintain, clear, inspect, test, operate, repair,
replace, modify, reconstruct, mark, monitor, patrol, protect, or remove, one thirty-six inch (36") pipeline, and
all related equipment and appurtenances, below ground, necessary or convenient for the transportation or
transmission of oil, natural gas (including, without limitation, natural gas liquids), petroleum products, water,
hydrocarbons and any other substances, and any products, derivatives, combinations or mixtures of any of
the foregoing, including but not limited to, line markers, alternating current mitigation, cathodic protection,
fiber optic communication lines, including enclosures for the aforesaid appurtenances (the pipeline(s)
together with such appurtenances are collectively referred to herein as, the "Pipeline" and the foregoing
rights and those provided to Grantee hereunder are collectively referred to herein as the "Easement
Rights"), under the real property situated in Weld County, State of Colorado, being described as follows:
TOWNSHIP 3 NORTH, RANGE 65 WEST, 6TH PM
SECTION 6: A tract of land located in the North Half of the North Half of Section 6, Township 3 North,
Range 65 West of the 6th P.M., County of Weld, State of Colorado and being more particularly described
in that certain Warranty Deed from Benjamin and Joanne Knaub to County of Weld, a Body corporate and
politic, c/o Board of County Commissioners of Weld County, Colorado, dated October 15, 1985 and
recorded October 15, 1985 at Reception No. 2028583 in the Clerk and Recorder's Office of Weld County,
Colorado.
2. Easement Location. The real property subject to the Easement Rights (the "Easement
Lands") is comprised of a permanent easement area fifty feet (50') in width (the "Permanent Easement
Area"), a temporary easement area of an additional seventy-five feet (75') in width together with any
additional temporary work space (collectively, the "Temporary Easement Area") as each is more particularly
described and/or depicted on Exhibit "A".
3. Use. The Grantor reserves the right to cultivate, use and occupy the Easement Lands for
any purpose consistent with the rights and privileges existing, including the maintenance and use of the
existing radio tower. Grantee's use of the property shall not in any way interfere with the use of the existing
radio tower, and Grantee shall compensate Grantor for any such interference. Grantor shall not, nor shall
it allow others acting by or through Grantor to, excavate or otherwise alter the ground elevation or grade,
remove any soil, construct or place any obstructions, buildings, improvements, fences, engineering works;
utilities, roads, or structures, impound any water, affect the lateral or subjacent support of the Pipeline, or
plant any trees, or shrubs (collectively, the "Prohibited Items") on, through, under, or upon the (i) Easement
Lands until termination of the temporary easements and (ii) the Permanent Easement Area thereafter,
without the prior written consent of Grantee in each case. The Grantee shall have the right of ingress and
egress over the Easement Lands and adjacent real property of Grantor at convenient points in order that
the Grantee may access the Permanent Easement Area and exercise the Easement Rights. However,
Grantee may not install any improvement or obtain ingress or egress within the tower anchor points.
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Carly Koppes, Clerk and M RFee:$0.00
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4. Term. Grantee's Easement Rights within the Permanent Easement Area shall be in
perpetuity. Grantee's Easement Rights within the Temporary Easement Area shall expire upon completion
of the pipeline construction and restoration of the Easement Lands. Thereafter, Grantee shall be required
to obtain a new temporary construction easement from Grantor as may be necessary in connection with
construction, maintenance, repair, removal or replacement of the Pipeline.
5. Abandonment. This Agreement and all rights and obligations of Grantee hereunder shall
terminate: (1) in the event a release instrument is executed by Grantee and recorded in the county records;
or (2) in the event of abandonment of the Pipeline by Grantee. Grantee shall be deemed to have abandoned
the Pipeline if at any time after construction, the Pipeline has ceased to be used for a continuous period of
two (2) years and Grantee has received all required regulatory approvals for such abandonment.
Abandonment shall not be in place unless required by FERC and/or other regulatory agency.
6. Depth of Cover. Grantee agrees that the underground portions of the Pipeline will be
constructed with at least forty-eight inches (48") of soil cover.
Grantee agrees to pay Grantor for any and all additional actual physical damages which were not
already paid to Grantor, including but not limited to those to: (i) fences, (ii) growing crops and timber which
arise from the Grantee's use of the Easement Lands in connection with any such installation, and (iii)
occasioned by any additional installations or construction and future reconstruction, maintenance, operation,
alteration, protection, inspection, moving, replacement, testing, repair, or removal of the Pipeline in the
Permanent Easement Area. Notwithstanding anything to the contrary herein, Grantee shall not be obligated
to make any payment related to the removal of any Prohibited Items or payment for any damages caused
by the negligence, recklessness, or willful misconduct of third parties or the Grantor or anyone acting on
the Grantor's behalf. The term "timber" is defined as trees or wood grown for commercial sale. Grantee shall
have the right, without liability for damages, from time to time after the initial construction of the Pipeline, to
re -clear the Permanent Easement Area by removing Prohibited Items and any other obstructions that may
endanger or interfere in any manner with Grantee's use of the Permanent Easement Area or the Pipeline.
Grantee shall restore the surface of the Easement Lands, as nearly as reasonably practicable and
permissible, to its prior condition following any disturbance occasioned by construction or use of the
Easement Lands by the Grantee, its contractors, or agents, including re -seeding through full growth of native
grasses with all necessary weed control.
7. Covenants Running with the Land; Assignment. This Agreement shall be recorded in the
real property records where the Easement Lands are located, and the terms of this Agreement shall
constitute covenants running with the land and shall be binding upon and inure to the benefit of the parties
and their respective successors, assigns, personal representatives, and heirs. This Agreement and the
Easement Rights may be freely assigned in whole or in part by either party, provided that any assignment
by Grantor shall be made only to a subsequent owner of the fee interest in the lands subject to the Easement
Rights granted herein.
8. Notices. All notices required or permitted under this Agreement shall be given by overnight
courier service, by registered or certified mail, postage prepaid, or by hand delivery, directed to the addresses
at the beginning of this Agreement or at other address provided by such party.
9. Document Execution and Interpretation. This Agreement may be signed in counterparts and
all such counterparts shall be deemed as originals. This Agreement shall be interpreted and enforced under
the laws of the state where the Easement Lands are located. If any part, term or provision of this Agreement
is, by a court of competent jurisdiction or regulatory authority having jurisdiction over the Easement Lands,
held to be illegal, void, or unenforceable, or to be in conflict with the law of that jurisdiction, the validity of the
remaining provisions, or portion hereof, shall not be affected, and the rights and obligations of the parties
shall be construed and enforced as if this Agreement did not contain the particular part, term or provision to
be held invalid. This Agreement together with exhibits incorporated herein by reference, if any, embodies the
whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those
contained herein; and this Agreement shall supersede all previous communications,
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Carly Koppes, Clerk and Reoorder, Weld County, CO
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representations, or agreements, either verbal or written, between the parties. Whenever the context of this
Agreement requires, words used in the singular shall be construed to include the plural and vice versa and
pronouns designating a particular gender shall be deemed to include and designate the masculine, feminine
and neuter gender. This Agreement shall not be construed against either party in the event of an ambiguity
or other dispute as to its interpretation. Grantor and Grantee represent to one another that each has the
power and authority to execute and deliver this Agreement and to perform its respective obligations under
this Agreement and the person or persons signing for each party has been duly authorized by such party
to do so. Should Grantor consist of more than one person or entity, they shall be jointly and severally liable
under this Agreement. The paragraph headings that appear in this Agreement are for purposes of
convenience of reference only and are not in any sense to be construed as modifying the substance of the
paragraphs in which they appear.
10. Miscellaneous. Time is of the essence herein. Failure of any party hereto to insist upon the
strict performance of any provision of this Agreement shall not be construed as a waiver for the future of
any such provision. No breach of this Agreement shall entitle either party to cancel, rescind or otherwise
terminate this Agreement or the Easement Rights, but such limitation shall not affect in any manner any
other rights or remedies which such party may have hereunder or pursuant to applicable law. Non-use of
the Easement Lands shall not constitute abandonment of the Easement Rights or the Easement Lands and
other rights granted herein, and shall not be grounds for termination of this Agreement.
TO HAVE AND TO HOLD the Easement Rights unto the Grantee, Grantee's successors, assigns,
personal representatives, and heirs forever.
--- Signature page to follow ---
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Carly Koppes, Clerk and Recorder, Weld County, CO
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IN WITNESS WHEREOF, Grantor has hereunto set its hand this day of July, 2019.
GRANTOR:
County of Weld, a Body corporate and politic, c/o Board of County Commissioners of Weld County,
Colorado
74)
By: Barbara Kirkmeyer
Title:Chair, County Commissioners
STATE OF COLORADO)
ss.
COUNTY OF WELD)
•rd
On this 3 day of July in the year 2019, before me, the undersigned notary public, personally appeared
IGr 1Oo.ca• K i (ism elec. as Cola; r for the County of Weld, a Body
corporate and politic, c/o Board of County Commissioners of Weld County, Colorado, known to me to be
the person whose name is subscribed to the within instrument, and acknowledged that he executed the
same for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal. The foregoing instrument was acknowledged
before me this ,3rd day of July, 2019.
My commission expires: /a// �6,21,o2ols.
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Carly Kopp's, Clerk and Recorder, Weld County, CO
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0NOYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
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Q019-a5Ci2 CI)
EXHIBIT "A"
SEE ATTACHED
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Carly Koppel, Clerk and Recorder, Weld County, CO
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EXHIBIT "A"
CHEYENNE CONNECTOR PIPELINE, INC.
PIPELINE EASEMENT
PART OF N1/2 SEC. 06, T. 03 N., R. 65 W., 6TH P.M.
P.O.C.
NW COR LOT C
NW COR NW1 /4
SEC. 06, T.03N., R.65W.
N 89'15'50" E
cis
1-
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N
2479.57'
CO -WE -818.500
KNAUB, EENJAMIN &
JOANNE
LC C
EXEMPTION NO.
1213-06-01
RECX15-0161
REC. NO. 4217554
WEST LINE
NW1/4
WELD COUNTY, COLORADO
P.O.B.
N=1338636.91
E= 3221370. 72
SEE DETAIL "A"
SW C0R NW1/4
SEC. 06, T.03N., R.65W.
NORTH LINE
NW/4
EASEMENT CENTERLINE DESCRIPTION
BEING A FIFTY (50) FOOT WIDE EASEMENT, TWENTY-FIVE (25) FEET
ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, WHOSE
SIDEUNES EXTEND OR TRIM TO THE EDGES OF THE SUBJECT TRACT,
CROSSING RECEPTION NO. 2028583 AT THE OFFICE OF WELD
COUNTY CLERK, BEING PART OF THE NORTH HALF (N1/2) OF
SECTION SIX (06), TOWNSHIP THREE (03) NORTH, RANGE SIXTY-FIVE
(65) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FO_LOWS:
COMMENCING (P.O.C.) AT THE NORTHWEST CORNER (NW/COR) CF THE
NORTHWEST QUARTER (NW1/4) OF SAID SECTION SIX (06);
THENCE NORTH 89'15'50" EAST ALONG THE NORTH LINE OF THE
NORTHWEST QUARTER (NW1/4) OF SAID SECTION, A DISTANCE CF
2479.57 FEET;
THENCE SOUTH 00'00'00" EAST, A DISTANCE OF 520.22 FEET TO
THE POINT OF BEGINNING (P.0.6.) AND THE WEST LINE OF
RECEPTION NO. 2028583;
THENCE SOUTH 71'21'05" EAST, A DISTANCE OF 101.08 FEET;
THENCE NORTH 88'38'55" EAST, A DISTANCE OF 80.00 FEET;
THENCE NORTH 69'O9'43" EAST, A DISTANCE OF 106.46 FEET
TO THE POINT OF TERMINATION (P.O.T.) AND THE EAST LINE
OF RECEPTION NO. 2028583.
GRAPH IC SCALE
0 150 300
( IN FEET )
1 inch = 300 ft.
R. 65 W.
WCR 38
EASEMENT
LOCATION
N 69'09'43" E
106.46'
P.O. T.
N=1338644.35
E=3221645.96
N 88'38'55" E
80.30'
NOTES:
THIS EXHIBIT IS A PIPELINE ROUTE AND DOES NOT REPRESENT
A TRUE BOUNDARY SURVEY.
S
LOCATION MAP
NOT TO SCALE
T.
03
v N.
TEMP. CONST. EASEMENT
DETAIL "A"
PERMANENT EASEMENT
NOT TO SCALE
25'125'
60'
TEMP. CONST._EASEMENT
LOCATIONS OF UNDERGROUND PIPELINES AND UTILITIES SHOWN
ARE AYP-tOXIMATE, ACCORDING TO ABOVE GROUND EVIDENCE
AND LOCATES PROVIDED BY OTHERS. UNIVERSAL SURVEYING &
MAPPING, L.L.C. IS NOT RESPONSIBLE FOR THE ACCURACY OF
SAID LOCATIONS.
THIS EXHIBIT WAS COMPLETED WITHOUT THE BENEFIT OF A TITLE
ABSTRACT. THERE MAY BE EASEMENTS OR OTHER MATTERS OF
RECORD THAT AFFECT THIS PROPERTY, WHICH ARE NOT SHOWN
HEREON. OWNERSHIP INFORMATION PROVIDED BY OTHERS.
BEARING BASIS: COLORADO STATE PLANE COORDINATE SYSTEM,
NORTH ZONE, NAD 83. ALL DISTANCES AND COORDINATES
SHOWN ARE GRID VALUES, DERIVED FROM GPS OBSERVATIONS
USING WGS RTK NETWORK.
•
P.O.C.
P.O.B.
P.O.T.
A.T.W.S.
LEGEND:
P.I.
POINT OF COMMENCEMENT
POINT OF BEGINNING
POINT OF TERMINATION
ADDITIONAL TEMPORARY WORKSPACE
PIPELINE NAME:
CHEYENNE CONNECTOR
SECTION: 06
TOWNSHIP: 03 NORTH
RANGE: 65 WEST
REV
DRWN
BY
CHK
BY
DATE
0
SL
LM
11/21/17
PARCEL NO: CO -WE -818.510
PROPERTY OWNER: WELD COUNTY, CO.
RECEPT ON NO: 2028583
CENTERLINE LENGTH: 287.54 FT
CENTERLINE LENGTH: 17.43 RODS
PERMANENT EASEMENT: 0.33 AC.
TEMP. CONST. WORKSPACE: 0.39 AC.,
ADD. TEMP. WORKSPACE: 0.00 AC.
JOB NO. 5815
PAGE 1 OF 1
CHEYENNE CONNECTOR
PIPELINE, INC.
370 Van Gordon Si, Lakewood, Go 80228
Phone: (303) 763-2950 laigrawrtergyIp.corn
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Carly Koppes, Clerk and Recorder, Weld County, CO
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PREPARED BY:
EMERALD MOUNTAIN
SURVEYS, INC.
W.a Sew Court NI
swrneoat Spays. CC 80+57
Phone (970)1t7Ps948
Fax 970) 87t-5039
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UNIVERSAL SURVEYING d
MAPPING. LLC
I o i7. din Avenue
Sibs. OK 74074
Phone. ,405, ]72-O000
Fat (405) 372-0007
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I Date:
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iTract Number(s):
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MIPMSMIIIONIMODOOMEM
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PROJECT NAME - CHEYENNE CONNECTOR
COST BREAKDOWN
I Landowner(s) Name:
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6/10/19
I
CO -WE -818.510 i
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Weld County
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I Permanent Easement:
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TTemporary Workspace:
•
I ATWS:
•
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RIGHT OF WAY (PAID PER ACRE)
I
0.33 (acres) x $15,000.00 = $4,950.00 I
I
0.39 (acres) x $2,000.00 = $780.00 •
•
0.00 (acres) x $1,600.00 = $0.00
•
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TOTAL RIGHT OF WAY COMPENSATION = $5,730.00
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Permanent Access Road:
•
Temporary Access Road:
ISurface Site:
•
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ACCESS ROADS & SURFACE SITES
(In ft) x = $0.00•
I
(In ft) x = $0.00
(acres) x = $0.00 I
TOTAL ACCESS ROADS & SURFACE SITE COMPENSATION = $0.00
CROP DAMAGES
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ICrop 1:
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iCrop 2:
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(acres) x
(yield / acre) x
1st Year
2nd Year
3rd Year
100%
67%
33%
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(acres) x
(yield/ acre) x
1st Year
2nd Year
3rd Year
100%
67%
33%
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•
($MP / yield)•
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$0.00 i
$0.00 •
$0.00 1
I
I
($MP / yield)
I
$0.00 I
$0.00
$0.00
TOTAL CROP DAMAGE COMPENSATION
INIMP
$0.00
MISCELLANEOUS DAMAGES & OTHER PAYMENTS
i
iDescription:
•
•
•
•
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Pre -paid damanee of $8,500 for crop and any reasaonably foreseeable damages.
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TOTAL MISC DAMAGES & OTHER PAYMENT COMPENSATION
$8,500.00
PAYMENTS GRAND TOTAL
PAYMENT PER FT TOTAL
14,230.00
$49.50
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OWNERSHIP BREAKDOWN FOR PAYMENTS GRAND TOTAL
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% Ownership =
100.00%
% Ownership Grand Total =
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$14,230.00
ICheck Number
Agent Name:
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Landowner.
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