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Home My WebLink About20173101RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO THE WELD COUNTY CNG FUELING STATION AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - JIM ELLS 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 Concerning the Purchase of Permanent Easement and Temporary Construction Easement for Certain Improvements to the Weld County CNG Fueling Station 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 Jim Ells, 2435 71st Avenue, Greeley, Colorado 80634, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement Concerning the Purchase of Permanent Easement and Temporary Construction Easement for Certain Improvements to the Weld County CNG Fueling Station 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 Jim Ells 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. CG: P)CTT/ER/ IY1C) CO -Cat I ) , OtCTC BC) 2017-3101 EG0074 RE: AGREEMENT CONCERNING PURCHASE OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO THE WELD COUNTY CNG FUELING STATION PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of September, A.D., 2017. ATTEST: dratofoj jdul; , Weld County Clerk to the Board t� BY: Cer5-a2•0.-/ ty Clerk to the Board APPR• - :SAS T ounty Attorney Date of signature: ( CQI li BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Aveu Julie A. Cozad, Chair Steve Moreno, Pro - can P. Conway <e Freeman XCUSED Barbara Kirkmeyer 2017-3101 EG0074 cvit I LY4- I� MEMORANDUM TO: Clerk to the Board DATE: August 3, 2017 FROM: Tiffane Johnson — Public Works Dept. SUBJECT: Acceptance of Agreement RE: Weld County's existing CNG fueling station. Acceptance of an Agreement for a Permanent & Temporary Easement from JIM EELS. MX Administration \Forms\MEMO-Form.doe cc. :OnC, s . PwCTS) Gl(cot ("7 2017-3101 E&oo1� AGREEMENT FOR THE PURCHASE OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO THE WELD COUNTY CNG FUELING STATION BETWEEN JIM ELLS AND WELD COUNTY, COLORADO THIS AGREEMENT is made this (0 41 day of f +. . 2017, by and between Jim Ells, whose address is 2435 71s` Avenue, Greeley, Colorado 80634, hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Owner owns real property described in the attached Exhibit "A" (hereinafter referred to as "Permanent Easement", and WHEREAS, Owner owns real property described in the attached Exhibit "B" (hereinafter referred to as "Temporary Construction Easement", and WHEREAS, County requires said Temporary Construction Easement in order to store materials and equipment during the construction Improvement Project, and WHEREAS, County finds it necessary to upgrade and improve Weld County's existing compressed natural gas fueling station, (hereinafter referred to as "Improvement Project"), and WHEREAS, County requires said Permanent Easement in order to construct the natural gas pipeline, which is required in conjunction with the Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGI ITS AND RESPONSIBILITIES: 1. Owner agrees to sell and County agrees to purchase the Permanent Easement shown and/or described on Exhibit "A" (a copy of which is attached hereto and made a part hereof by this reference), for the sum Seven Hundred Twenty -Five Dollars, ($725.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to sell and County agrees to purchase the Temporary Construction Easement shown and/or described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference), for the sum of Two Hundred and Twenty - Six and no/100 Dollars, ($226.00). The parties acknowledge and agree that said Agmt for Purchase of Perm & Temp Const Easements-Immed Possession Before Closing Page 1 4333557 Pages: 1 of 15 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii FATINtMNIAIC I) 4GOAK I'll I4Y h 1I 111 a©11 -3(0I EC3OO-7',1 purchase price represents full, fair and valuable consideration. 3. If this agreement is executed and returned to our office on or before March 15, 2017 the County shall pay a signing incentive in the amount described in Paragraph Three "3" under County's Rights and Responsibilities set forth below. 4. Owner warrants that he/she/it is the owner of the Permanent Easement and the Temporary Construction Easement and will defend title thereto against all claims. 5. Owner agrees to grant the Permanent Easement to County in the form of the attached "Atmos Energy Corporation Right of Way and Easement", free and clear of all liens and encumbrances, except existing easements. 6. Owner shall not erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit A which may interfere with County's full enjoyment of the rights hereunder: this Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 7. Owner agrees to grant the Temporary Construction Easement to County, free and clear of all liens, encumbrances or other possessory claims, except existing easements. 8. This Temporary Construction Easement shall commence on March 10, 2017, and shall expire and be of no further force or effect on December 31, 2018, upon the completion of the Improvement Project, whichever is earlier. 9. Owner shall not, during the term of this Temporary Construction Easement, erect or construct, or allow to be erected or constructed, any building or other structures on the property described in Exhibit B which may interfere with County's full enjoyment of the rights hereunder; this Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's temporary reasonable and proper use of said easement. 10. Owner shall retain the mineral estate associated with the Permanent and Temporary Construction Easement interests, and shall also retain any water rights currently attached or associated with said Permanent and Temporary Construction Easements. 11. Owner shall deliver the fully executed Permanent Easement to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 12. The parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County, and that this Agreement shall serve as complete evidence of the terms contained herein as to Owner's Grant of the Agmt for Purchase of Perm & Temp Const Easements-[mmed Possession Before Closing Page 2 4333557 Pages: 2 of 15 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO VIII Iir inh dialh ilif NUIIIk NMI• �M� 3AliIh 11 II 1 Temporary Construction Easement. 13. Owner shall pay any encumbrance associated with the Permanent Easement and the Temporary Construction Easement which is required to be paid, including, but not limited to, a prorated amount of the property taxes and any past due property taxes, (and interest and penalties thereon), on or before the date of Owner's delivery of the Permanent Easement. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Permanent Easement. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County shall pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Permanent Easement. 2. County shall pay all fees associated with recording the Permanent Easement. 3. County shall pay One Thousand Two Hundred Thirty -Seven and no/100 Dollars ($1,237.00) to the Owner for the Permanent Easement and the Temporary Construction Easement by County warrant at the date of closing if Agreement is signed and returned on or before March 15, 2017. If the Agreement is not signed and returned on or before March 15, 2017, the County shall maintain its current offer of Fair Market Value of Nine Hundred Fifty -One and no/100 Dollars ($951.00) for the Permanent Easement and the Temporary Construction Easement by County warrants at the date of closing. 3. The parties agree that County shall pay Owner for the Permanent Easement and the Temporary Construction Easement by County warrants at the date of closing. 4. County, as a condition of the granting of this Permanent and Temporary Construction Easement, covenants and agrees to restore the property described in Exhibit A and Exhibit B to a level comparable to its original condition. MISCELLANEOUS 1. Although the date of the transfer of the Permanent Easement and the Temporary Construction Easement shall be the date of the closing, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees and all others deemed necessary by County shall have the irrevocable right to possess and use said Permanent Easement and Temporary Construction Easement for the purposes of constructing the Improvement Project and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project, including the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon the Agmt for Purchase of Perm & Temp Const Easements -formed Possession Before Closing Page 3 4333557 Pages: 3 of 15 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clark and Recorder, Weld County, CO IOE 4/1444 11111 Permanent Easement and Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfers of the Permanent Easement and the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon, all and inure to the benefit of and be enforceable by the parties and their heirs, executors, administrators, successors, and assigns. 3. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 4. 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. 5. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than as expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees. 6. 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. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 8. Owner shall defend, indemnify and hold harmless County, its officers, agents, and employees, from and against injury, loss damage, liability, suits, actions, or claims of any type or character arising out of the Owner's activities in fulfillment of the terms of this Agreement or on account of any act, claim or amount arising out of the failure of the Owner to conform to any statutes, ordinances, regulation, law or court decree. 9. Neither party to this agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. Agmt for Purchase of Perm & Temp Const Easements -[mined Possession Before Closing Page 4 4333557 Pages: 4 of 13 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO liii �1� wr��'�1 I��W�lRhK�M�rI iM Y44 1i iii IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. Owner: Jim Ells By: 6-& Title: r AT PEST: ditittiN) Jeig4:41, Weld County Clerk to the Board BY �V• eputy Clerk to the Board By: Title: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO13.QDO Julie A. Cozad, Chair Agmt for Purchase of Perm & Temp Const Easements rimmed Possession Before Closing 4333557 Pages: 5 of 15 09/07/2017 10:36 AM R Fee:$0.00 Carly Kappa., Clerk and Recorder, Weld County, CO VIII l��l.Yf�ih��l�'4 i�'14�M i!�l�I�iC�rh14��W�h �I 111 Page 5 aoI-7-3101 Ecooiy EXHIBIT -A S32-T6N-R65W PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2436258 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 32 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING SOUTH 00'47'48" EAST A DISTANCE OF 2765.40 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 32 ALSO DESCRIBED AS SHOWN; THENCE NORTH 88'08'15" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ELEVENTH AVENUE AND BEING A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO, 3885213 SAID POINT BEING THE TRUE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH 88'08'15" EAST A DISTANCE OF 20.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE SOUTH 00'47'48" EAST A DISTANCE OF 55.00 FEET; THENCE SOUTH 88'08'15" WEST A DISTANCE OF 20.00 FEET TO A POINT CN SAID EASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE NORTH 00'47'48" WEST A DISTANCE OF 55.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1100.00 st, OR 0.025 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 38213 SAL LANDS PERMANENT EASEMENT ACQUISITION ELLS WELD COUNTY, COLORADO UU NT" WELD COUNTY DEPARTMENT OF PUBLIC WORKS ATMOS GAS LINE PROJECI' PROJECT NC: Gk -34 'SCALE DATE: 5-05-17 DRAWN BY: DRIt SHEET: 1 of2 4333537 Pages: 6 of 15 09/07/2017 10:36 AM R Fee:$0.00 Carly Kopp's, Clerk and Reoorder, Weld County, CO EXHIBIT -A P.O.C. W1/4 C0R S32-T6N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#34176 2012 N 38'08'15"E 30.00' 11th A VE 50' SW C0R S32-T6N-R65W END 3 1/4" ALUM. CAP STAMPED LS#28259 1996 PERMANENT EASEMENT ACQUISITION N00'47'48"W 30' FI.f.S \VE:LIJ C<;t.N i Y, COLA >RA(X.) S32- T6N-P65W IOMI7: L.I F' ,� Pt iWISR L hF.PAFN1 r 1UISq'9 IT.P.0.B. N88'08'1 5"E 20.00' O t 500'47' 48" E 5.8411'50"E 5286.28' - jet__ E1/4 C0R S32-T6N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#38106 2012 PERMANENT EASEMENT ACQUIRED 1100.00 sf. OR 0.025 ac.t S88'08'15"W 20.00' JIM ELLS RECP.# 2436258 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. H STREET u N. Da, I 2 'IVL .K.L(T #,<FI .?','' 7 WELD COUNTY DEPARTMENT OF PUBLIC WORKS A"lM0S GAS LINE PROJECT R -C T NO GR-34 H-: CS -1 7..R v\1N B U12 HEE' 2 nt 4333557 Pages: 7 of 15 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Iirdtr i i raweriti lito 91iniA iviiiik 11111 EXHIBIT -B 532-ToN-R65W PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAD PARCEL BEING A PORTION OF THAT DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 2436258 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 32 DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE WEST LINE OF SAID SOUTHWEST ONE -QUARTER AS BEARING SOUTH 00'47'48" EAST A DISTANCE OF 2765.40 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 32 ALSO DESCRIBED AS SHOWN; THENCE NORTH 88'08'15" EAST A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO. 3885213 SAID POINT BEING THE ISLE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID SOUTHERLY L NE NORTH 88'08'15" EAST A DISTANCE OF 10.00 FEET; THENCE DEPARTING SAID SOUTHERLY LINE SOUTH 00'47'48" EAST A DISTANCE OF 55.00 FEET; THENCE SOUTH 88'08'15" WEST A DISTANCE CF 10.00 FEET; THENCE NORTH 00'47'48" WEST A DISTANCE OF 55.00 FEET TO THE TRUE P INT OF B GINNING. SAID PARCEL CONTAINS 550.00 sf. OR 0.013 ac. MORE DR LESS_ THE ABOVE DESCRIPTION WAS PREPAREC BY DANIEL R. HOLMES, SURVEYOR IN AND FOR WELD COUNTY, COLORADO. DANIEL R. HOLMES PLS 38213 TEMPORARY EASEMENT ACQUISITION ELLS WEED COUNTY, COLORADO 186 GOU WELD COUNTY DEPARTMENT OF PUBLIC WORKS ATMOS GAS LINE PROJEC"I' PROJECT NO: GR-34 SCALE DATE' 5-05-17 DRAWN BY: O1211 I `_'I -E7: 1 of2 4333557 Pages: 8 of 15 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO II P.O C. W1/4 C0R S32-T6N-R65W FND 3 1/4" ALUM, CAP STAMPED LS#34176 2012 EXHIBIT -B N88'08'15"E 50.00' 50' 30' SW C0R S32-T6N-R65W FND 3 1/4" ALUM. CAP STAMPED LS#28259 1996 TEMPORARY EASEMENT ACQUISITION kLLS 'vv1.1 D ( 1)1' Y, c,oLORADO 4333557 Pages: 9 of 15 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO N00'47'48"W 55.00' T.P.0.B. N 88'08' 15"E 10.00' 0 ui u) w .r 0 o —TEMPORARY EASEMENT ACQUIRED 550.00 sf. OR 0,013 ac.f S32-T6N-P65W S84'11'50"E 5286.28` - - --1\f-75- - E1/4 C0R S32-T6N-R65W FNC 3 1/4" ALUM. CAP STAMPED L5#38106 2012 —588'08'15"W 10.0C' JIM ELLS RECP.# 2436258 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. H STREET GUUN WELD COUNTY DEPARTMENT' OF PUBLIC WORKS ATMOS GAS LINE PROJEC F PkO.1FC I NJ ) (;R-34 1"=03 P 5-05-17 DRAM BY DRII PREPARED BY: Atmos Energy Corporation (Address) PERMANENT EASEMENT STATE OF: Colorado Line * ROW No. * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF: Weld THAT, Jim Ells whose legal address is 2435 71st Avenue, Greeley, Colorado hereinafter called GRANTOR, for and in consideration of the sum of Ten and NO/100 ($10.00) 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 WEST ONE-HALF OF SECTION 32, TOWNSHIP 6 NORTH, RANGE 65 WEST, MORE PARTICULARY DESCRIBED IN THE DEED RECORDED UNDER RECEPTION #2436258 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 5 Atmos Gas Standard Easement Form 11-16-15(1)Clean 8 7 17 4333557 Pages: 10 of 15 09/07/2017 10:36 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Initials VIII I rdNI7 kohl l rPICKLIMik Mitt II II SEE EXHIBIT -A as depicted and described on the plat and property description attached hereto as Exhibit -A and made a part hereof, along with the additional right to use ten (10') feet of Grantor's adjacent land and additional land as reasonably necessary at road and creek crossings for construction purposes. This additional right will terminate upon completion of the initial construction: and Above Ground Facilities Easement A tract of land twenty (20') feet by fifty-five (55') feet in size for the purpose of erecting, installing, constructing, owning, operating and maintaining certain above and below ground facilities comprising a natural gas valve set and any related above or below ground piping and other facilities and equipment appurtenant thereto as deemed necessary or convenient by and to Grantee (collectively, unless the context indicates otherwise, the "Facilities"), said tract of land being more particularly depicted on the plat and described on the property description attached hereto as Exhibit -A (hereinafter the "Facilities Property") This grant shall carry with it the rights of ingress and egress to and from said Property and Facilities Property, including the right to temporarily utilize adjoining property of Grantor as temporary construction workspace during construction, repair and maintenance of the Pipeline, as depicted on Exhibit -A with the right to use existing roads for the purpose of constructing, operating, inspecting, repairing, and maintaining the Pipeline and 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 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, 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 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. The Grantee shall bury the Pipeline 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 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 Page 2 of 5 Atmos Gas Standard Easement Form 11-16-15(11CIean 8.7 17 4333557 Pages: 11 of 15 09/07/2017 10:38 AM R Fee:$0,00 Carly Koppel, Clerk and Recorder, Weld County, CO Initials 11111 Ili III II 1 option, to clear, and keep clear, the right-of-way and easement herein granted, and ail timber, trees, undergrowth and other obstructions which might interfere with the construction, operation, inspection, repairing or maintenance of the Pipeline and 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 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 Facilities Property, subject to outstanding mortgages, if any, now on record in Weld County, Colorado. 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 Facilities Property and inure to the benefit of, and be binding upon, the successors in interest of Grantor, in and to the Property and 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 day of GRANTOR: Jim Ells 2435 71st Avenue, Greeley, CO 80634 Last Four Digits of SSN or TPIN INDIVIDUAL ACKNOWLEDGMENT STATE OF § COUNTY OF § A.D., 2017. The foregoing instrument was acknowledged before me this day of , A.D., 20 _, by WITNESS MY HAND AND OFFICIAL SEAL. Page 3 of 5 Atmos Gas Standard Easement Form 11-16-15(1)Ciean.8.7 17 4333557 Pages: 12 of 15 09/07/2017 10:36 AM R Fee:$0,00 Carly Koppel, Clerk and Recorder, Weld County, CO II Initials (Type, print or stamp name) NOTARY PUBLIC My Commission Expires: Notary Identification No. Page 4 of 5 Atmos Gas Standard Easement Form 11-16-15(1 Clean R 7 17 4333°337 Pages : 13 of 15 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, Co 1111 FAO Ell II Initials EXHIBIT -A PLAT AND PROPERTY DESCRIPTION OF PIPELINE AND ABOVE GROUND FACILITIES EASEMENTS Page 5 of 5 Atmos Gas Standard Easement Form 11-16-15/11Cipar A 7 17 43333°37 Pages: 14 of 15 09/07/2017 10:38 AM R Fee:$0.00 Carly Koppel, Clerk and Rewarder, Weld County, Co VIII INFAI4'Mil ICJ kin Ili 11111 Initials . - , : I S n. k . [.� � . . o . . 'A�` 4�"'n '"� � � �� .• d� � � � � � .�p. � � �I � . i � �� h e � � . v v`��QI i � ' . 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