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Home My WebLink About20181974.tiffRESOLUTION RE: APPROVE PERMANENT EASEMENT FOR FUELING SITE UPGRADE AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - 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 Permanent Easement for the Fueling Site Upgrade from 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, to Atmos Energy Corporation, P.O. Box 650205, Dallas, TX 75265-0205, with terms and conditions being as stated in said permanent easement, and WHEREAS, after review, the Board deems it advisable to approve said permanent 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 Permanent Easement for the Fueling Site from 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 any necessary documents. (;C: PW CTTIrv►C/Ett) 0%-olp -18 2018-1974 EG0075 RE: PERMANENT EASEMENT FOR FUELING SITE UPGRADE - ATMOS ENERGY CORPORATION PAGE 2 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: dAlZ)f.e/t) Weld County Clerk to the Board BY: Deputy Clerk to the B, APP: D AS TO ou y ° orney Date of signature: 07 27i'8 Steve Moreno, Chair arbara Kirkmeyer, P Sean P. Conway 2018-1974 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. c.c. pw c T31 (rc) co- as - l g 2018-1974 E000.75 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-Tem Steve Moreno, Chair Approve Schedule Recommendation Work Session opditofi \ no fflatt Other/Comments: PREPARED BY: Atmos Energy Corporation (Address) PERMANENT EASEMENT STATE OF: Colorado Line * ROW No. * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF: Weld THAT, County of Weld, a body corporate and politic of the State of Colorado, through its Board of County Commissioners, "Grantee", whose legal address is 1150 "O" Street, Greeley, Colorado 80631, hereinafter called GRANTOR, for and in consideration of the sum of One and NO/100 ($1.00) DOLLARS, and other good and valuable consideration in hand paid by Atmos Energy Corporation, a Texas and Virginia corporation, whose address is P.O. Box 650205, Dallas, Texas, 75265-0205, hereinafter called Grantee, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey, unto the said Grantee, its successors and assigns, a perpetual permanent easement in, across, under, over and through the following described property in Weld County, State of Colorado (hereinafter the "Property"), and described as follows, to wit: LOCATED IN THE EAST ONE-HALF OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65 WEST, MORE PARTICULARY DESCRIBED IN THE DEED RECORDED UNDER RECEPTION #2106697 AND FILED IN THE WELD COUNTY CLERK & RECORDERS OFFICE, COUNTY OF WELD, STATE OF COLORADO Distribution Pipeline Easement Twenty (20') feet in width, to install, construct, reconstruct, inspect, operate, maintain, alter, repair, change the size of, replace and remove, abandon in place and/or remove at will, in whole or in part, relocate along the same general direction, relocate in the same relative position to any adjacent road if and as such road is widened in the future, one or more gas pipelines, service laterals and extensions thereto, together with meters, regulators, cathodic protection equipment and aerial markers, and all other facilities, equipment and other appurtenances thereto, over and through the Property, necessary or convenient to Grantee in the use of said pipeline(s) (collectively, unless the context indicates otherwise, the "Pipeline"), Page 1 of 3 Weld County Atmos Gas Standard Easement other in &o/i- /971 Initials SEE EXHIBIT -A as depicted on the plat attached hereto as Exhibit -A and made a part hereof. This grant shall carry with it the rights of ingress and egress to and from said Property and/or Facilities Property, including the right to temporarily utilize adjoining property of Grantor during construction, repair and maintenance of the Pipeline and/or Facilities with the right to use existing roads for the purpose of constructing, operating, inspecting, repairing, and maintaining the Pipeline and/or Facilities, and the right of removal or replacement of the same with either like or different size or type pipe, facilities or equipment, whether larger or smaller, or other construction at will, either in whole or in part. TO HAVE AND TO HOLD the above described rights and easements, together with any other rights necessary to operate and maintain the Pipeline and/or Facilities over and across the above described property unto the said Grantee, its successors and assigns. With the exception of the easement area comprising the Facilities Property, if applicable, Grantor shall have the right to fully use and enjoy the surface of the easement area except for the purposes herein granted provided that such use and enjoyment shall not, in the sole judgment of Grantee, hinder, conflict or interfere with the exercise of the Grantee's rights hereunder. No permanent building, house, well, reservoir, structure or obstruction shall be constructed upon, under or across the easements or rights -of -way herein granted without the Grantee's written consent. Further, Grantor shall not fence the easement area or change the grade of the easement area or excavate within the easement area without the written permission of Grantee. Grantor further agrees not to change the grade, remove dirt from the surface of the easement or impound water over the easement without prior approval of Grantee. Grantee shall have the right to install at its expense, permanent gates in any existing fence to permit ingress and egress along the easement or right-of-way herein granted. Grantee agrees to pay for damages to growing crops and other property of Grantor, or any tenant or lessee of Grantor, as their respective interests may appear, arising out of the construction, operation, repair, inspection, maintenance or replacement of the Pipeline and/or Facilities maintained hereunder unless caused by the negligence of Grantor or of Grantor's agents, employees, representatives or assigns. Grantee agrees to hold Grantor harmless from all damages, injuries or claims by third parties resulting from the construction, operation or maintenance of any pipeline(s), facilities and/or appurtenances thereto constructed by Grantee under this easement. P 2: -o\W N ;;) - cm m m D O 7 N a� O - G CD ts �E- (m RIZ _.. Page 2 of 3 Weld County Atmos Gas Standard Easement other X0/8- /97i7L The Grantee shall bury the Pipeline, if applicable, to a depth not less than that required by applicable law or regulation. All construction, maintenance and repairs which shall be made to the Pipeline and/or Facilities shall be done at times suitable to Grantee and, if possible, at such times as will least interfere with the agricultural use of the Property. Grantee shall have the full right, at its sole option, to clear, and keep clear, the right-of-way and easement herein granted, and all timber, trees, undergrowth and other obstructions which might interfere with the construction, operation, inspection, repairing or maintenance of the Pipeline and/or Facilities, or endanger same. Grantee shall have the right to select the exact location of said Pipeline(s) and any future Pipeline(s) within said easement, and to do whatever may be requisite for the use and enjoyment of the rights herein granted. Grantee agrees to restore the Property and/or Facilities Property to as close to the original condition as is reasonable. Grantor represents that Grantor is the owner in fee simple of the land above described, free and clear of any unstated liens, encumbrances or imperfections, and warrants the title to the Property and/or Facilities Property, subject to outstanding mortgages, if any, now on record in said County/Parish. ,i7}1 Initials Grantor shall retain all oil, gas and other mineral rights in, on and under the right of way and easement granted herein. This right-of-way and easement shall run with the Property and/or Facilities Property and inure to the benefit of, and be binding upon, the successors in interest of Grantor, in and to the Property and/or Facilities Property. Grantee shall have the right to assign this easement in whole or in part of one or more assignees. This contract is binding upon any subsequent owner or owners of said land, and it is hereby expressly understood that the parties securing this grant in behalf of Grantee are without authority to make any covenant or agreement not herein expressed. WITNESS THE EXECUTION HEREOF this 25th day of June , A.D., 2018. GRANTOR: /9 -10 —Le, Board of County Commissioners Steve Moreno, Chair 1150 "0" Street Last Four Digits of SSN or TPIN INDIVIDUAL ACKNOWLEDGMENT STATE OF COLORADO § COUNTY OF WELD § The foregoing instrument was acknowledged before me this 25th day of June , A.D., 2018 , by Steve Moreno WITNESS MY HAND AND OFFICIAL SEAL. Cheryl Lynn Hoffman (Type, print or stamp name) NOTARY PUBLIC My Commission Expires: 12/19/2018 Notary Identification No.: 20144048044 Page 3 of 3 Weld County Atmos Gas Standard Easement other CHERYL L N HOFFMAT NOTARY PUBLIC STATE OP COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC, 19, 2018 4413031 10:37 g 07/06/2018 AM R Fee:$0.00 Carly KoPPes, Clerk and Recorder, Weld County, CO 1111 lOWITHN 10101161 i�MAN u��R FLf�Y�h 11111 awe- /.97 ft" Initials M t GREEI.FV si WF'R FA'EME4T Li TILITl & DRAINAGE 20' EASEMENT NE Si! —T6N—R65 WEED COUNTY r ANNEXATION! LIANL GREEI.E1 uw,tr t(.1 ., -t' (hi .11I. VI —taSt, // -.. S3I-T0;V-R651' gip as. irk tai .14 h Walt 4413031 Pages: 4 of 6 07/06/2018 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11/41IU r j4(1 ION L,INL; CTILIrTY4IJ' EASEMENT TSE INVESTMENTS LLC GREEL.EY SWF SEWER EASEML\ I GREELSY 20' t %S I "1 G;RE ELEY DRAANA LASEMEN U f • WELD COUNT FOOD BANK EXHIBIT -A S31-T6N-R65W PROPERTY DESCRIPTION A STRIP OF LAND 10.00 FEET WIDE LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID STRIP BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2106697 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 31 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE SOUTHERLY LINE OF SAID NORTHEAST ONE -QUARTER SOUTH 89'00'06" WEST A DISTANCE OF 2667.14 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 31 ALSO DESCRIBED AS SHOWN; THENCE NORTH 54'36'49" WEST A DISTANCE OF 777.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF H -STREET SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 70'08'38" WEST A DISTANCE OF 414.90 FEET PARALLEL WITH AND 10.00 FEET SOUTHWESTERLY FROM THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2504477, TO A POINT OF CURVE TO THE RIGHT; THENCE CONTINUING PARALLEL WITH AND 10.00 FEET SOUTHWESTERLY FROM SAID DEED, 221.29 FEET ALONG THE ARC OF SAID CURVE WHOSE RADIUS IS 349.49 FEET, CENTRAL ANGLE IS 36'16'41" AND WHOSE CHORD BEARS NORTH 52'00'18" WEST A DISTANCE OF 217.61 FEET TO A POINT WHICH IS 10.00 FEET SOUTHWESTERLY FROM A DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2501340; THENCE CONTINUING PARALLEL WITH AND 10.00 FEET SOUTHWESTERLY FROM SAID DEED, ALSO BEING PARALLEL WITH AND 10.00 FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY PROPERTY UNE OF TRACT D AS SHOWN ON THE WELD COUNTY BUSINESS PARK P.U.D. FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2158271 NORTH 33'52'05" WEST A DISTANCE OF 809.71 FEET; THENCE SOUTH 56'58'44" WEST A DISTANCE OF 159.88 FEET; THENCE NORTH 33'01'16" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 56'58'44" EAST A DISTANCE OF 169.66 FEET TO A POINT ON THE SOUTHWESTERLY PROPERTY UNE OF TRACT D AS SHOWN ON THE WELD COUNTY BUSINESS PARK P.U.D. FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2158271 SAID POINT BEING ON A NON -TANGENT CURVE WHICH IS CONCAVE TO THE WEST; THENCE 5.86 FEET ALONG SAID PROPERTY LINE AND THE ARC OF SAID CURVE WHOSE RADIUS IS 230.00 FEET, CENTRAL ANGLE IS 01'27'43" AND WHOSE CHORD BEARS SOUTH 34'35'56" EAST A DISTANCE OF 5.86 FEET; THENCE CONTINUING ALONG SAID PROPERTY UNE 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 LINE 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 414.95 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF H -STREET; THENCE ALONG SAID RIGHT-OF-WAY UNE SOUTH 20'07'55" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 16,125.01 sf. OR 0.37 ac. MORE OR LESS. THE ABOVE DESCRIPTION WAS PREPARED BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 PERMANENT EASEMENT ACQUISITION WELD COUNTY WELD COUNTY, COLORADO 4413031 Pages: 5 of 6 07/06/2018 10:37 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 GOUNTY �. a 382 3 G 3(: WELD COUNTY DEPARTMENT OF PUBLIC WORKS ATMOS GAS LINE PROJECT PROJECT NO: GR-34 I SCALE: DATE: 4-30-18 DRAWN BY: DRII SHEET: I of 2 EASEMENT N33'01 '16"W 10 00' PERMANENT EASEMENT ACQUIRED 16,125 01 sf. OR 0 37 ac NOTE THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT IT IS INTENDED TO ILLUSTRATE THE ATTACHED PROPERTY DESCRIPTION ONLY ..itriC1/4- COR S31—T6N—R65W FND 3 1/4" ALUM CAP STAMPED iLS#22098 WELD COUNTY WELD COUNTY, COLORADO 4413031 Pages. 6 of 6 07/06/2018 10 37 All R Fee $0 00 , Carly Koppes, Clerk and Recorder, Weld County, CO ®III rim 'L I�'�r��I �R'�ki Yoh 11111 EXHIBIT -A L=5 86' R=230 00' ' Abp X01 27'43" 11 }� CB=S34'35 56"E - 66 C=5 86' \:,-, �N� 5� yi UTILITY & DRAINAGE 20' EASEMENT RECP 02158271 TRACT D WELD COUNTY BUSINESS weLDcouNrY PARK P U D RICl/215827I l_. 1= lo' EASEMENT RECP02 52318 L=221 29' R=349 49' A=36'16'41" CB=N 52'00'18"W C=217 61' ANNEXATION LINO GREELEY DRAINAGE EASEMENT �RECP 02160947 S89'00'06"W 2667 14' BASIS OF BEARING 1 , ■ >:‘_cQUNT S3I-T6N-R65W UTILITY & DRAINAGE 20' EASEMENT RECP.02158371 1=214 95' R=339 49' t � K1) 1/ ' X36'16'41" c R po' CB=S52 00'18"E `vc$ C=211 38' , cp GREELEY DRAUTAG EASEMENT RECPJi2160947 GREELEY EXCLUSIVE SEWER EASEMENT RECPJD426396 GREELEY EXCLUSIVE SEWER EASEMENT RECP 04008561 POC E1/4 COR S31-T6N-R65W FND 3 1/4" ALUM CAP STAMPED LS#34176 2012 / / 20'07'55"W /10 00' / TPOB WELD COUNTY DEPARTMENT OF PUBLIC WORKS ATMOS GAS LINE PROJECT PROJECT NO GR-34 SCALE 1"=200 DATE 4-30-18 DRAWN BY DRHISHEET 2of2 Hello