HomeMy WebLinkAbout20181973.tiffRESOLUTION
RE: APPROVE RELEASE OF EASEMENT AND AUTHORIZE CHAIR TO SIGN - ATMOS
ENERGY CORPORATION
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 Release of Easement 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 Atmos Energy Corporation, with further
terms and conditions being as stated in said release of easement, and
WHEREAS, after review, the Board deems it advisable to approve said release of
easement, 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 Release of Easement 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 Atmos Energy Corporation, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said release of easement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of June, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dartifet) i. udo: &k,
Weld County Clerk to the Board
BY:
Deputy Clerk to the B
APP ASTOE
my torney
Date of signature: 01-a7 /8
Steve Moreno, Chair
F� (.G.4R_ / ,.1�( 21'�� % -
arbara Kirkmeyer, ro-Tem
Sean P. Conway
Cozad
Mike Freeman
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2018-1973
EG0075
MEMORANDUM
TO: Clerk to the Board DATE: May 29, 2018
FROM: Tiffane Johnson, Public Works Dept.
SUBJECT: Consent Agenda - Permanent Easement
for Fueling Station between Atmos Energy
Corporation and Weld County,
On March 12, 2018, Docket 2018-0769, the Board approved two Permanent Easements
necessary for the construction of the natural gas pipeline to complete the Weld County Fueling
Site Upgrade.
During construction of the pipeline site conditions presented potential conflicts with ground
water and a potential delay in construction. It was determined that a minor change in the
alignment of one of the easements would be beneficial to the project and remove the conflicts
presented.
Attached is a Permanent Easement with the revised alignment to be recorded with the intent that
it will replace the previous easement recorded at Reception No. 4384172. Also attached is a
Release of Easement executed by Atmos Energy Corporation that will serve to vacate the
easement described above.
The two documents should be recorded concurrently as it is the intent of Weld County and
Atmos Energy Corporation to have only one alignment.
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2018-1973
CGoo7s
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Amend Atmos Energy Easement
DEPARTMENT: Public Works
PERSON REQUESTING: Tiffane Johnson
DATE: 05/29/2018
Brief description of the problem/issue: On March 12, 2018, Docket 2018-0769, the Board approved two
Permanent Easements necessary for the construction of the natural gas pipeline to complete the Weld County
Fueling Site Upgrade. During construction of the pipeline site conditions presented potential conflicts with
ground water and potential delay in construction. It was determined that a minor change in the alignment would
be beneficial to the project and remove the conflicts presented. As a result, the easement that the Board
executed needs to be vacated/released and a new easement needs to be recorded in its place. Atmos Energy
Corporation has executed a Release of Easement and Public Works staff has prepared a revised Grant of
Easement with the new alignment.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Public Works staff has prepared a new easement form with a revised legal description and is requesting the
Board execute a new easement to address the revised alignment. In conjunction with the new easement being
granted, Atmos Gas has prepared and executed the Release of Easement Form to vacate the previous easement.
Option 1.
The Board can direct staff to place the new easement on consent agenda with a memo explaining the reason for
the change.
Option 2.
The Board directs staff to place the new easement as a regular agenda item and staff will present the reasons for
the change.
Recommendation:
Since this request is not contentious and supported by Atmos Energy, staff recommends option 1, which allows
staff to place the new easement on consent agenda with a memo explaining the reason for the revised easement
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Approve Schedule
Recommendation Work Session
YYt
Other/Comments:
RELEASE OF EASEMENT
STATE OF COLORADO
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WELD
WHEREAS, under date of 2018, as filed into the records of Weld County,
State of Colorado, at Reception Number No. 4384172, there is that certain grant of Permanent
Easement and/or right of way originally granted by County of Weld, in favor of Atmos Energy
Corporation, as original grantee therein, and
WHEREAS, Atmos Energy Corporation, in consideration of having been granted
a new permanent easement with a modified route by County of Weld, desires to release to
County of Weld the Permanent Easement recorded at Reception 4384172.
NOW THEREFORE, ATMOS ENERGY CORPORATION, a Texas and Virginia
corporation (hereinafter referred to as "Grantor"), whose address is P.O. Box 650205,
Dallas, Texas 75265-0205, the above mentioned original grantee, for and in
consideration of the sum of One and No/100 Dollars ($1.00), and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
does hereby agree as follows:
FULL RELEASE — Grantor herein does hereby release and quit -claim, unto County of
Weld, a body corporate and politic of the State of Colorado (hereinafter referred to as
"Grantee"), any right, title and interest of Grantor in and to said grant of Permanent
Easement and right-of-way, INSOFAR and INSOFAR ONLY as the grant referenced
above covers and applies to all that certain tract of land in Weld County, State of
Colorado, more fully described and depicted on the attached Exhibit "A" incorporated
herein for all purposes.
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII I �1r�r �I�� �N� � it h 11111
Page 1 of 2
Release of Weld County Easement.doc
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Initials
This release affects only the tract(s) hereinabove described and shall not in any way
affect any right, title, interest or easements of Grantor in and to other property which Grantor has
by virtue of a grant of easement.
TO HAVE AND TO HOLD the above released rights, title, interest and easements unto
the said Grantee, Grantee's heirs, successors and assigns forever.
IN WITNESS WHEREOF Grantor has caused this instrument to be executed on this the
day of May, A.D., 2018.
ATMOS ENERGY CORPORATION,
Colorado/Kansas Division
GRANTEE/LANDOWNER:
WELD COUNTY
By:
Kendall Fogle
Vice President — Op
ATMOS ENERGY CORPORATION ACKNOWLEDGMENT
STATE OF COLORADO
COUNTY OF 1A) QI(k
The foregoing instrument was acknowledged before me this j5-'L-I'`.day of
, A.D., 2018, by Kendall Fogle, known to me to be a Vice President — Operations of
Atmos ergy Corporation, a Texas and Virginia corporation.
WITNESS MY HAND AND OFFICIAL SEAL.
HILLARY S. WAGNER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084035190
MY C0MMSSI0N EXPIRES DECEMBER 18, 2020
My Commission Expires: /2 -I S -)C30
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Carly Koppes, Clerk and Recorder, Weld County, CO
lerdriC hig' e'', IPA ifolrichum mut lig Bill
Page 2 of 2
Release of Weld County Easement.doc oYO/j_ / y' 73
JINN'
Initials
EXHIBIT -A
S3I-T6N-R65W
PROPERTY DESCRIPTION
THENCE CONTINUING ALONG SAID PROPERTY LINE SOUTH 33'52'05" EAST A DISTANCE OF 813.70 FEET TO A POINT ON THE
NORTHWESTERLY CORNER OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO.
2504477 AND BEING A POINT OF CURVE TO THE LEFT;
THENCE 214.95 FEET ALONG SAID PROPERTY UNE AND THE ARC OF SAID CURVE WHOSE RADIUS IS 339.49 FEET, CENTRAL
ANGLE IS 36'16'41" AND WHOSE CHORD BEARS SOUTH 52'00'18" EAST A DISTANCE OF 211.38 FEET;
THENCE CONTINUING ALONG SAID PROPERTY LINE SOUTH 70'08'38" EAST A DISTANCE OF 275.27 FEET TO A POINT AT THE
NORTHWESTERLY CORNER OF AN EXCLUSIVE SANITARY SEWER EASEMENT AS FILED IN THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NO. 3426396:
THENCE ALONG THE WESTERLY SIDE OF SAID EASEMENT SOUTH 04'29'18" EAST A DISTANCE OF 281.27 FEET;
THENCE NORTH 89'24'51" EAST A DISTANCE OF 39.97 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY UNE OF
H -STREET SAID POINT BEING ON A NON -TANGENT CURVE WHICH IS CONCAVE TO THE EAST;
THENCE 10.04 FEET ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE WHOSE RADIUS IS 445.51 FEET,
CENTRAL ANGLE IS 01"18'06" AND WHOSE CHORD BEARS SOUTH 0437'34" WEST A DISTANCE OF 10.04 FEET TO THE
TRUE POINT OF BEGINNING,
SAID PARCEL CONTAINS 17,964.65 ef. OR 0.41 oc. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES,
SURVEYOR IN AND FOR WELD COUNTY, COLORADO.
DANIEL R. HOLMES
PLS 38213
;t.
8213
/1
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Carly Koppes, Clerk and Recorder, Weld County, CO
VIII I �.rN�lt ' IRCIEW 11 III
PERMANENT EASEMENT
ACQUISITION
WELD COUNTY
WELD COUNTY, COLORADO
WELD COUNTY DEPARTMENT
861= OF PUBLIC WORKS
ATMOS GAS LINE
PROJECT
c)2. NIT
PROJECT NO: OR -34
SCALE:
DATE: 5-08-17 DRAWN BY: Mil
SHEET: 2 of 3
4383222 03/15/2018 g
01 : 53PM R Fee:$0.00
Carly Koppes, Clerk and Reoorder, Weld County, CO
IOWA
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Carly Koppes, Clerk and Recorder. Weld County, CO
VIII KrrQe hiN101711%idi iii mow tcnikik 111111
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EXHIBIT -A
S31-T6N-R65W
tacratry starkly
sasemtct
at"
N33'01'16"W
10.00'
L= 5.86'
R=230.00'
X01'27'43"
CB=534'35'56"E
C=5.86' . t \
PERMANENT EASEMENT ACQUIRED
17,964.65 sf. OR 0.41 ac.±
un1.ITya DRA1NACN
m'eAsoM1,(r
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WELD COUNTY
ACCT.#R7679799
RECP.#2 106697
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT
A MONUMENTEO LAND SURVEY OR LAND
SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE
THE ATTACHED PROPERTY DESCRIPTION ONLY.
-C1/4 C0R S31—T6N—R65W
FN0 .3 1/4" ALUM. CAP
STAMPED LS#22098 2003
PERMANENT EASEMENT
ACQUISITION
WELD COUNTY
%/LLD COUNTY, COLORADO
L -221.29'-
R=349.49'
6,=3616'41"
C8=N52'00'18"W
C=217.61'
CRHRLEY DNAI.NAf:Y.-
EASEMENT
IUt7.111(ON7
589'00'06"W 2667.14'
BASIS OF BEARING
4383222 Pages: 7 of 7
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Carly Koo�I
p}�peeR, Clerk and Recorder, Weld County, COiffilr
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WELD COUNTY
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CO=S52'00'18"E
C=211.38'
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STAMPED LSh134176 2012
WELD COUNTY DEPARTMENT
OF PUBLIC WORKS
ATMOS GAS LINE
PROJECT
r.,") [ SCALE. 1"—M°
DATE. 5-38-17 DRAWN BY DRII ';HEET lt 3
4384172 Pages: 7 of 7
03/20/2018 11:24 AM R Fee:$0.00
Carly Koppes, Clark and Recorder. Weld County, CO
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