HomeMy WebLinkAbout20172760.tiffRESOLUTION
RE: CONFIRM ACCEPTANCE OF GRANT OF RIGHT-OF-WAY FOR COUNTY ROAD 35.5,
NORTH OF COUNTY ROAD 8
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, on April 29, 1974, A.E. Pilkington and Beatrice D. Pilkington signed and
recorded a Quit Claim Deed which transferred the following described property to Weld County
for the purposes described:
"A strip of land forty (40) feet in width for road and utility purposes described as follows:
Beginning at the S1/4 corner of Section 13,
Township 1 North, Range 66 West; thence east 40
feet; thence north 00°32'45" east to a point 220 feet
south and 40 feet east of the center of said Section
13; thence west 40 feet to north -south center line of
said Section 13; thence south along said north -south
center line to the S1/4 corner of said Section 13,"
hereinafter referred to as "CR 35.5 ROW," and
WHEREAS, said Quit Claim Deed, a copy of which is attached hereto, is recorded at
Reception No. 1635396 in the Office of the Weld County Clerk and Recorder, and
WHEREAS, after diligent search, it is apparent the records of the Board of County
Commissioners contain no Resolution or other instrument executed by the Board formally
accepting said transfer of property, as required by the case of Bittle v. CAM — Colorado, LLC,
2012 COA 93, 318 P3d. 65, and
WHEREAS, the property located immediately east of the CR 35.5 ROW specifically
excludes the CR 35.5 ROW as it was transferred to Leonard A. Brandt and Ann R. Brandt by
A.E. Pilkington and Beatrice D. Pilkington on May 8, 1969 (Quit Claim Deed recorded at
Reception No. 1531072 in the Office of the Weld County Clerk and Recorder), and
WHEREAS, since April 29, 1974, it appears various oil companies have used the CR 35.5
ROW to gain access to oil and gas wells located near the center of said Section 13, Ti N, R66W,
and
WHEREAS, the Weld County Department of Public Works has no records showing that
the CR 35.5 ROW has ever been maintained by Weld County, and
WHEREAS, on July 12, 2017, the Board deemed it advisable to continue the matter to
August 9, 2017, to allow additional time for a work session to discuss the matter further, and
4330221 Pages: 1 of 3
08/25/2017 10:59 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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2017-2760
EG0074
CONFIRM ACCEPTANCE OF GRANT OF RIGHT-OF-WAY FOR CR 35.5, NORTH OF CR 8
PAGE 2
WHEREAS, on August 9, 2017, the Board now deems it advisable to confirm the
acceptance of the CR 35.5 ROW for use by the public, without accepting it for maintenance by
Weld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the CR 35.5 ROW described above, be, and hereby is, confirmed as
accepted for use by the public, without being accepted for maintenance by Weld County.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD _ CO , TY, COLOF3ADO
ATTEST � J lAto'tok•
Weld County Clerk to the Board
BY uty Jerk to the Board
APPR• D A
ou y Attorney
Date of signature: 8"1 `a3
4330221 Pages: 2 of 3
08/25/2017 10:59 AM R Fee:$0.00
III
Julie A. Cozad Chair
).at; //
"s.2,4sr
Steve Moreno,
Pro-Tem
Sean P. Conway
arbara Kirkmeyer
2017-2760
EG0074
APR 2 9 1974
0� Recorded at o'clock M.,
Reception No 1635396 & LEE SHEHEE,RecJt3, order.
713
A. E. PILKINGTON AND BEATRICE D. PILKINGTON
whose address is 25 Cherry Street
Denver, Colorado
County of Denver
80220
, and State of
, for the consideration of Other valuable
consideration
Dollars, in hand paid,
hereby sell(s) and quit claim(s) to Weld County
whose address is Greeley, Colorado
County of Weld
property, in the
, and State of Colorado , the following real
County of Weld
, and State of Colorado, to wit:
A strip of land forty (40) feet in width for road and utility
purposes described as follows:
Beginning at the S 1/4 corner of Section 13, Township 1 North,
Range 66 West; thence East 40 feet; thence North 00° 32' 45"
East to a point 220 feet South and 40 feet East of the center
of said Section 13; thence West 40 feet to North -South center
line of said Section 13; thence South along said North -South
center line to the S 1/4 corner of said Section 13.
with all its appurtenances
Signed this 29th day of Ap r i l
A. E. Pilkington
Beatrice D. Pilkington
STATE OF COLORADO,
County of We l d
The foregoing instrument was acknowledged before me this 2 9 th
day of April % ,19 74 ,by A. E. Pilkington and
Beatrice D. Pilkington
My m ion expires
hind and
Statutory{ 4chltswiedg ni•nt.—If by natural person or persons here insert name or names; if by person acting in representative or
oKblal•capecltty1or-as attorney-tn-fact, then insert name of person as executor, attorney -in -fact or other capacity or descrip-
tion; 1f, y e UcdT of corporation, then insert name of such officer or officers, as the president or other officers of such cor-
poratlhd. nMeing- it,
_2) / 9 77
flciaLeal
/
Notary Public.
No. 898. QUIT CLAIM DEED —Short form —see. itS-I-IS as amended MI. -1-74
—Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado
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790
3486790 06/28/2007 04:16P Weld County, CO
1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
RIGHT-OF-WAY GRANT
THIS RIGHT-OF-WAY GRANT ("Grant! is made this y'Mday of December, 2006, from LEONARD A.
BRANDT AND ANN R. BRANDT, whose address is 17747 Weld County Road 8, Brighton, Colorado 80601,
("Grantor"), to KERR-McGEE GATHERING LLC, a Colorado limited liability company, whose address is 1999
Broadway, Suite 3700, Denver, Colorado 80202 ("Grantee"). The parties agree as follows:
For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto Grantee,
its surr. ssors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, inspect,
operate, repair, replace, modify, change the size of, reconstruct, mart, monitor, abandon or remove, at
Grantee's election, one pipeline and all appurtenances, below and/or above ground, including but not limited to
launchers and receivers, convenient for the transportation or transmission of oil, gas, petroleum products,
water, hydrocarbons and any other substances, whether fluid, solid or gaseous, and any products, derivatives,
combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld
County, State of Colorado, being described as follows:
TOWNSHIP 1 NORTH. RANGE 66 WEST. 6T" PM
Section 13: Part of the SE%
The specific route and course of the right-of-way and easement conveyed hereby ("Right -of -Way
Lands") is more particularly described on Exhibit "A" attached hereto and made a part hereof. The width of the
Right -of -Way Lands during construction shall be fifty feet (50), and subsequent to construction shall be thirty
feet (30).
Grantors represent and warrant to Grantee that Grantors are the sole owner in fee simple of the Right -
of -Way Lands and have full right, power and authority to make this Grant.
Grantee shall lay all pipe at a depth of not less than 48 inches. Grantee shall repair and/or restore any
fence on or adjacent to the Right -of -Way Lands removed or severed by Grantee in the course of the operations
provided for in this Grant. If necessary to prevent the escape of Grantor's livestock, Grantee shall construct
temporary gates or fences.
Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and
enjoyment of this Grant, induding but not limited to, the right of ingress and egress over and across Grantor's
lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising
Grantee's rights hereunder. Grantors agree not to build, create, construct or permit to be built, created or
constructed, any obstruction, building, fence, landscaping, reservoir, engineering works or other structures or
improvements over, under, on or across the Right -of -Way Lands without prior written consent of Grantee.
Grantee shall be obligated to pay for, repair, replace or otherwise compensate Grantors for any
damages resulting from Grantee's activities and operations on the Right -of -Way Lands; and, Grantors shall pay
for, reimburse, indemnify and hold Grantee harmless from any and all claims or damages resulting from
Grantor's activities on the Right -of -Way Lands. Grantors shall have the right to use and enjoy the Lands,
subject to the rights herein granted.
This Grant cannot be modified, except in writing signed by all parties hereto.
The rights granted herein may be assigned in whole or in part, and the terms, conditions, and
provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the
successors, and assigns of Grantors and Grantee.
Grantee agrees to level and restore any lands that may have excessive settling and sufficiently
compact the soil within a reasonable period of time after completion of construction. Grantee also agrees to
professionally re -seed the construction areas with alfalfa at an appropriate time during the spring season, 2007.
If there are areas where the re -seeded alfalfa does not take root and grow in an acceptable manner, the re-
seeding operation will be repeated during the fall season, 2007.
This Grant may be executed in counterparts each of which shall be considered one and the same
agreement.
IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above written.
Grantor.
Leonard A. Brandt
V1A m kC�`a7
Ann RBnM R. Bra dt
Grantee:
Kerr-McGee Gathering LLC
By its Manager, Kerr-McGee
Oil & Gas Onshore LP
By:
Joseph H. Lorenzo, Attorney -in -Fact
Noble Brandt WW 13-10 Well Connect
NONNI 0(1011111 IIII IIIII 1111111 III 11111 IIII IIII
3486790 06/28/2007 04:16P Weld County, CO
2 of 3 R 18.00 0 0.00 Steve Moreno Clerk & Recorder
STATE OF COLORADO
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this Z! 7day of December, 2008 by Leonard A. Brandt
and Ann R. Brandt.
Witness my hand and official Seal.
My Commission Expires:
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STATE OF COLORADO
CITY AND ) ss•
COUNTY OF DENVER
NotaPublic: S'ear?A• XA,v:ro,-'
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The foregoing instrument was acknowledged before me this day of , 2008, by Joseph H.
Lorenzo, as Attorney -in -Fact of Kerr-McGee Oil & Gas Onshore LP, in its capacity as Manager of Kerr-McGee
Gathering LLC, a Colorado limited liability company, on behalf of such company.
Witness my hand and official Seal.
My Commission Expires:
Notary Public:
Exhibit "A"
Attached to and made a part of that certain Right -of -Way Grant dated December 20, 2006
between Leonard A. Brandt and Ann R. Brandt, Grantor, and Kerr-McGee Gathering
LLC, Grantee.
DWG: G:\GEOSURV\W.ICZNorin\Drawings\NMG NOIRE USX BRANDT WW I3-IO.dwq USER: mle WC: Mew IR. 2007 3.13pn
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KERR-MCGEE
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AS BUILT SURVEY
TOWNSHIP: 1 NORTH
RANGE: 66 WEST 681 PM
1^=000•
AFE: 846198
REVISIONS:
COUNTY: WELD
1119/07
_STATE: COLORADO
BY: MTC
Stephanie Frederick
From:
Sent:
To:
Subject:
Bruce Barker
Tuesday, July 11, 2017 3:14 PM
CTB
FW: Weld County Access Agreement
Another email to be included. Thanks.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
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 attorney privileged and 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.
From: Coiling, Tracy [mailto:Tracy.Colling@anadarko.com]
Sent: Friday, June 09, 2017 2:08 PM
To: Bruce Barker <bbarker@weldgov.com>
Cc: Johnson, Evan <Evan.Johnson@anadarko.com>
Subject: RE: Weld County Access Agreement
Bruce,
This is a follow up to our conversation on Monday regarding the additional information you requested on the subject
property.
KMG is planning approximately 22 wells on our property east of the existing ditch. The existing production facility on
the property will remain but is not expected to expand. We are planning a new production facility on the east side of
the ditch to service these new wells. We plan to pipe the production off site through our current and future
infrastructure system. The wells and facility will be accessed from this existing gravel road (future Mustang), currently
being used for the oil & gas facilities on the adjacent property.
Please let me know if there is any additional information you need prior to the commissioners reviewing this strip of
land for acceptance on June 14th. Please let me know if you need a KMG/Anadarko representative present for this
meeting.
2017-2760
1
Thank you and have a nice weekend!
Tracy Coiling I Municipal Planning Analyst
Anadarko Petroleum Corp. 1 1099 18th Street I Denver, CO 80202
Office: 720-929-6160
Tracy.Colling@Anadarko.com
Please consider the environment before printing this email.
OOLORA€3ANS FOR
RESPONSIBLE
ENERGY DEVELOPMENT
www.cred.org
www.studvfracking.com
https://www.facebook.com/#!/CREDorg
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Wednesday, May 31, 2017 3:53 PM
To: Coiling, Tracy <Tracy.Colling@anadarko.com>
Subject: RE: Weld County Access Agreement
Excellent. Call me at (970) 400-4390.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "0" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
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 attorney privileged and 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.
From: Colling, Tracy[mailto:Tracy.Colling@anadarko.com]
Sent: Wednesday, May 31, 2017 3:52 PM
To: Bruce Barker <bbarker@co.weld.co.us>
Subject: RE: Weld County Access Agreement
2
Let's say 1:30 pm
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Wednesday, May 31, 2017 3:51 PM
To: Coiling, Tracy <Tracy.Colling@anadarko.com>
Subject: RE: Weld County Access Agreement
That would be great. I am open all afternoon. What time works best for you?
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
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 attorney privileged and 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.
From: Coiling, Tracy[mailto:Tracy.Colling@anadarko.com]
Sent: Wednesday, May 31, 2017 3:43 PM
To: Bruce Barker <bbarker@co.weld.co.us>
Subject: RE: Weld County Access Agreement
Bruce,
I am out of the office the rest of this week after today. We can talk on Monday?
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Wednesday, May 31, 2017 3:42 PM
To: Coiling, Tracy <Tracy.Colling@anadarko.com>
Subject: RE: Weld County Access Agreement
I need to talk to you and your folks to get more information. Would you have some time tomorrow to discuss?
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
3
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 attorney privileged and 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.
From: Colling, Tracy [mailto:Tracv.Colling@anadarko.com]
Sent: Wednesday, May 31, 2017 3:36 PM
To: Bruce Barker <bbarker@co.weld.co.us>
Subject: RE: Weld County Access Agreement
Good afternoon Bruce,
Following up with you regarding the County Commissioners work session on 5/30/17.
Did this item we discussed last week, regarding the acceptance of the strip of land for the 40 ft. by 2,420 ft. north of CR
8 and Mustang in section 13 1N 66W get discussed by the commissioners?
Please let me know if there are an updates.
Thank you,
Tracy
From: Colling, Tracy
Sent: Monday, May 22, 2017 11:10 AM
To: bbarker@co.weld.co.us
Subject: FW: Weld County Access Agreement
Good Morning Bruce,
Grant Gerrard and Evan Johnson in our Land Department have been working toward securing the access for some
current and future wells as described below.
I left you a message about this and thought it might be best to just go ahead and email you.
As you state in your email below that the Weld County Commissioners have not accepted this strip of land tht was
dedicated to the county back in 1974.
What is the procedure to move this process along and have the Commissioners accept this property so that we may
secure our access?
Thank you for your assistance.
Tracy Coiling' Municipal Planning Analyst
Anadarko Petroleum Corp. 11099 18th Street I Denver, CO 80202
Office 720-929-6160
Tracy.Collinq a(�.Anadarko.com
4
Please consider the environment before printing this email.
COLORADANS FOR
RESPONSIBLE
ENERGY DEVELOPMENT
www.cred.org
www.studyfracking.com
https://www.facebook.com/#!/CREDorg
From: Bruce Barker [mailto:bbarker@co.weld.co.us]
Sent: Friday, May 19, 2017 10:57 AM
To: Johnson, Evan <Evan.Johnson@anadarko.com>
Cc: Tiffane Johnson <tvjohnson@co.weld.co.us>; Troy Swain <tswain@co.weld.co.us>; Bob Choate
<bchoate@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Karin McDougal <kmcdougal@co.weld.co.us>
Subject: RE: Weld County Access Agreement
Evan:
The property you have brought to my attention is a strip of land that is 40 feet wide and approximately 2,420 feet long,
located on the east side of the center line of Section 13-1-66, beginning at the south section line (WCR 8). It was the
subject of a quit claim deed from A.E. Pilkington and Beatrice D. Pilkington to Weld County, signed and acknowledged on
April 29, 1974. The deed was recorded in the Weld County Clerk and Recorder's Office on that same date. The deed
says the strip of land is "for road and utility purposes."
I cannot find in Weld County's records that the strip of land for road and utility purposes at that location was ever
accepted by the Board of County Commissioners of Weld County. As stated in the case of Bittle v. CAM -Colorado, 318
P.3d 65 (Colo. App. 2012), "Under common law, dedication of a public way by a private property owner is established by
demonstrating (1) that the property owner unequivocally intended to make the dedication, and (2) that the dedication
was accepted by the governmental authority. Bd. of County Comm'rs v. Sherrill, 757 P.2d 1085, 1087 (Colo.App.1987).
The governmental authority's acceptance of a dedication may be evidenced by legislative act, or by the public entity's
possession, improvement, or use of the land as a public road. Id." Thus, in order for the County to have authority to
exercise ownership and control over the strip, the County Commissioners would have needed to accept the 1974
deed. The Board has not done so to date, and therefore there is no right-of-way over which the Board would have the
authority to grant the permanent non-exclusive easement you propose.
Please feel free to call me if you have questions.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 356-4000, Ext. 4390
Fax: (970) 352-0242
5
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 attorney privileged and confidential, or
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From: Johnson, Evan[mailto:Evan.Johnson@anadarko.com]
Sent: Monday, May 08, 2017 9:27 AM
To: Bruce Barker <bbarker@co.weld.co.us>
Subject: Weld County Access Agreement
Bruce,
Per our conversation, please see the attached document. I look forward to speaking with you.
Thank you,
Evan Johnson
Anadarko Petroleum Corporation I Landman
Office: (720)-929-3205
Mobile: (806)-789-2306
Email: evan.johnson@anadarko.com
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