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Home My WebLink About20174262.tiffRESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - ROSE ROCK MIDSTREAM CRUDE, LP 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 Public Road Right -of -Way for Certain Improvements to County Road 49 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 Rose Rock Midstream Crude, LP, 6120 S. Yale Avenue, Suite 1500, Tulsa, Oklahoma 74136, 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 Public Road Right -of -Way for Certain Improvements to County Road 49 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 Rose Rock Midstream Crude LP, 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. GG: Pc.-)CGK/Mc) Uc-re gC) Ot/I5/I - 2017-4262 EG0074 RE: AGREEMENT CONCERNING PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - ROSE ROCK MIDSTREAM CRUDE, LP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of December, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d;/1);ei Weld County Clerk to the Board BY: Deputy Cler APP' • ''D AS ounty Aorney Date of signature: O/—/0 ozad, Chair Steve Moreno, P1 o-Tem EXCUSED Sean P. Conway Mike Freeman Barbara Kirkmeyer 2017-4262 EG0074 MEMORANDUM TO: Esther Gesick, CTB DATE: December 7, 2017 FROM: Clay Kimmi, P.E., Public Works SUBJECT: CR 49 ROW Agreement for Rose Rock Midstream Crude, L.P. Please place the attached ROW agreement on the BOCC Agenda. Once the agreement has been signed, please return a signed original back to me so I can provide them to our ROW agent for closing. This agreement is for additional ROW that IHC needs to acquire for the CR 49 project. The additional ROW is needed for the drainage faciities along CR 49. The ROW is 1,500 square feet (0.03 acres). Weld County is not expending any funds on the acquisition of this ROW. All funds are the responsibility of IHC and have been included in their project budget. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. ca Pct C c.K/ mc) t0,/801(1 rat t b9 8* t 17 Page 1 of 1 M:\ —Active Projects\Strategic Corridor\WCR 49 Corridor\ROW\IHC Acquired ROW\Rose Rock\Rose Rock Agreement Memo to CTB I2-07-17.docx 2017-4262 00-79 AGREEMENT FOR THE PURCHASE OF PUBLIC ROAD RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN ROSE ROCK MIDSTREAM CRUDE, L.P. AND WELD COUNTY, COLORADO THIS AGREEMENT is made this J' °'r'"aay of 017, by and between Rose Rock Midstream Crude, L.P., a Delaware limited partnership hereinafter collectively referred to as "Owner," whose address is 6120 S. Yale Avenue, Suite 1500, Tulsa, Oklahoma 74136, 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 a parcel of real property described in the attached "Exhibit -A" (hereinafter referred to as ("Public Road Right -of -Way"), WHEREAS, County finds it necessary to rebuild and improve Weld County Road 49 (hereinafter "WCR 49"), which will improve the alignment and construction of the roadway, (hereinafter referred to as "WCR 49 Corridor Improvement Project" (the "Project"), and WHEREAS, County requires the parcel of the Public Road Right -of -Way for the benefit of County in order to complete a portion of said Project, and WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to sell at closing and Weld County agrees to purchase the Public Road Right -of -Way 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 of Five Hundred and 00/100 Dollars, ($500.00). The parties acknowledge and agree that said purchase price represents full, fair and valuable consideration. 2. Owner agrees to grant the Public Road Right -of -Way to the County by Quit Claim Deed. 3. Owner shall retain the mineral estate under the Public Road Right -of -Way and shall also retain any water rights currently attached to or associated with the Public Right -of -Way. 4. Owner shall deliver the fully executed Quit Claim Deed for the Public Road Right - of -Way to County at the date of closing which shall be no later than thirty (30) days following the County's execution of this Agreement. 4362544 Pages: 1 of 6 12/22/2017 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 v�d� �/� �n / ��`) 5. Owner is solely responsible for the payment of any amounts owed to a third party holding a security or other ownership interest in the Public Road Right -of -Way. COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. Weld County shall at closing pay for the cost of obtaining title insurance if County desires to obtain title insurance for the Public Road Right -of -Way and any other customary expenses associated with the closing of this transaction. 2. Weld County shall at closing pay all fees associated with recording this Agreement and/or the Quit Claim Deed. 3. Weld County shall pay a Fair Market Value of Five Hundred and 00/100 Dollars ($500.00) for the Public Road Right -of -Way by County warrant(s) at the date of closing. 4. Weld County will install a new permanent right of way fence along the boundary of the new right of way being acquired hereunder. Owner shall be responsible for maintenance of said fence. MISCELLANEOUS: 1. This Agreement and the transfers of the Public Road Right -of -Way 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. 2, This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 3. 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. 4. 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. 5. 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 4362544 Pages: 2 of 6 12/22/2017 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO WPM! !JEAN' :lilt III Page 2 of 3 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. 6. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 7. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: Rose Rock Midstream Crude, L.P. By: Rose Rock Midstream Energy GP, L.L.C r ► r By: k M. Minielly, Vice ' ident ATTEST: WsderAvt) 'e1 BOARD OF COUNTY COMMISSIONERS Weld C. yClerk to - oard WELD COUNTY, C • LORADO BY: Deputy Cl- to e Bohe Cozad, Chair 4362544 Pages: 3 of 0 00 R Fee:$0.00 $ County, Co ,I �I� 12/22/2017 lr and Recorder,+Weld Wilk Carly KoPPBs � �I DEC 2©2t37 Page 3 of 3 7,v/7— 4a?pa(rt EXHIBIT - A ADDITIONAL RIGHT-OF-WAY ROSE ROCK MIDSTREAM CRUDE, L.P. Parcel No. 121324400011 Reception No. 3928544 LOT C RE 1213-24-4 RE 4829 A TRACT OF LAND, lying and being situate within Lot C of Recorded Exemption 1213-24-4 RE 4829 within the South East % of Section 24, Township 3 North, Range 65 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT, on the Westerly Right -of -Way Line of Weld County Road Number 49, whence the Southeast Corner of Said Section 24 bears 506°15'49"E, a distance of 681.92 feet; THENCE S89°37'42"W, a distance of 20.00 feet; THENCE N00°22'18"W, a distance of 75.00 feet; THENCE N89°37'42"E, a distance of 20.00 feet to the Westerly Right -of -Way Line of Weld County Road Number 49; THENCE S00°22'18"E, along said Westerly Right -of -Way Line, a distance of 75.00 feet to the POINT AND PLACE OF BEGINNING, containing 1,500 square feet (0.03 Acres) more or less. Bearings as shown in the above description are based upon the East Line of Section 24 having a bearing of N00°21'24"W. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. 4362544 Pages: 4 of 6 12/22/2017 11:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 FM ii4 I oil wirimoxim I till CO PLS 18468 ADDITIONAL ROW ACQUISITION Ei-v27) Rose Rock Midstream Crude, L.P. WCR 49 WELD COUNTY, COLORADO UR EYI NG 1975 Prairie Owl Road Parker, (.O 801321 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 30 & 32 PROJECT NO.: SRP26 DATE: 8/09/17 DRAWN BY: MSL SHEET 1 OF 2 PHOTO EXHIBIT Permanent Easement ROSE ROCK MIDMIDAM CRUDE, L.P. PARCEL #121324400011 RECEPTION #3928544 LOT C RE 1213-24-4 RE 4829 Additional ROW to be Acquired - 1, 500 sq. ft - 0.03 Acres t Permanent Easement All existing ownership, Rights —of —Way, and existing easement informatior has been provided by Weld County. SCALE: 1" 50' Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. ADDITIONAL ROW ACQUISITION Rwz a Rose Rock Midstream Crude, L.P. WCR 49 4362544 Pages: 5 of 6 12/22/2017 11:22 AM d Recoee $0.Weld County, CO Carly Koppes ; Clerk i�*i'JC' IINii) w'I;Y�'��I LUCH E /4)1; SURVEYING 1975 Prairie Owl Road Existing ROW WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 30 & 32 PROJECT NO.: SRP26 SCALE: 1 "=50' DATE: 8/09/17 DRAWN BY: MSL SHEET 2 OF 2 EXHIBIT - A ES Mime U■ r oL - -3 S 0 W L � O Imet 0ac qem En fi N 'c L aN a)um ryr re m6 a trio Lir' se �� L re e 5O Permanent Easement ROSE ROCK MIDSTREAM CRUDE, L.P. PARCEL #121324400011 RECEPTION #3928544 LOT C RE 1213-24-4 RE 4829 0 Additional ROW to be Acquired 1,500 sq.ft. - 0.03 Acres 24 25 Permanent Easement All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. 50 100 ■ ■ ■ ■ ■ ■ ■ ■ In ■ SCALE: 1 "= 50' Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. ADDITIONAL ROW ACQUISITION RW 27 Rose Rock Midstream Crude, L.P. WCR 49 WELD COUNTY, COLORADO 0 L N 0 0 U I zoo I=- 0 N N 0 02 0 1/Neat1/44,1Nt LUCH ETII g SURVEYING 1975 Prairie Owl Road Harker, CO 80138 (303)841-2568 N 89'37'42" E, 20 00' Existing ROW S 89'37'42" W, 2O00' Li) BASIS OF BEA ING East Line of Section 24 --I N 00'21'24" W1 SE Corner of Sect 24, T3N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 30 & 32 DATE: 8/09/17 DRAWN BY: MSL SHEET 2 OF 2 MEMORANDUM TO: Esther Gesick, CTB DATE: March 7, 2018 FROM: Clay Kimmi, P.E., Public Works SUBJECT: Acceptance of a Quit Claim Deed for the CR 49 Project Please place the attached Quit Claim Deed for additional ROW that IHC acquired on behalf of Weld County from Rose Rock Midstream Crude, L.P. on the BOCC Consent Agenda. The original contract ID # was 1577 and the docket number was 2017-4262. NilLsoij Ark0L0L- 6e-; A)GlC �G� l Page 1 of 1 M:\ —Active Projects\STRATEGIC CORRIDOR',WCR 49 Corridor\ROW\IHC Acquired ROW\Rose Rock \Rose Rock Deed Acceptance Memo to CTB 03-07-18.docx ,c7a17- oo`t 9 QUIT CLAIM DEED VA THIS DEED is made this L/ day of2017, between , Rose Rock Midstream Crude, L.P., a Delaware Limited Partnership, of the County of Weld, State of Colorado ("Grantor"), and Weld County, Colorado, a body politic and corporate of the State of Colorado, whose address is whose legal address is 1150 "O" Street, Greeley, Colorado 80631, party of the second part. WITNESSETH, that the said party of the first part, for sufficient consideration, the receipt whereof is hereby confessed and acknowledged, has remised, released, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: All of the real property described in the attached Exhibit "A." TO HAVE AND TO HOLD the same, together with all the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behalf of the said party of the second part, heirs and assigns forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. Rose Rock Midstream Crude, L.P. By: Rose Rock Mi tream Energy GP, L.L.C. avid M. Minielly, ice President STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) � The foregoing instrument was acknowledged before me this L� day of OL 2017, by David M. Minielly, Vice President. 4391901 Pages: 1 of 5 04/18/2018 10:17 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO otary Pu,lic QO11- Li QC,2 ACCEPTANCE The County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, hereby accepts said parcel, pursuant to Colorado Revised Statute 43-2-201(1)(a). Dated this /417i day of ATTEST: .iv„ ) CLERK TO THE BOARD OF j"eCOUNTY COMMISSIONERS OF THE COUNTY OF WELD BY: Pew ✓- Deputy Clerk to the rd STATE OF COLORADO ) )ss COUNTY OF WELD ) , 2018. COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE TATE OF COLORADO Steve Moreno, Chair BOARD OF COUNTY COMMISSIONER MAR 1 2 2018 OF THE COUNTY OF WELD The foregoing instrument was acknowledged before me this /o<—�f� day of , 2018, by Steve Moreno, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD. Witness my hand and official seal. My commission expires: 4391901 Pages: 2 of 5 04/18/2018 10:17 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 l �.rR:4T��l�i l ld kir II Notary Pjlblic CHERYL EN HOFFMAN NO'f ,. UBLIC STATE OF C.OTIADO NOTARY ID 201440 43044 MY COMMISSION EXPIRES _ _ . 19, 2018 0.2.0'7�X02� Z EXHIBIT - A ADDITIONAL RIGHT-OF-WAY ROSE ROCK MIDSTREAM CRUDE, L.P. Parcel No. 121324400011 Reception No. 3928544 LOT C RE 1213-24-4 RE 4829 A TRACT OF LAND, lying and being situate within Lot C of Recorded Exemption 1213-24-4 RE 4829 within the South East 1/4 of Section 24, Township 3 North, Range 65 West, of the 6th Principal Meridian, Weld County, Colorado, and being more particularly described as follows: BEGINNING AT A POINT, on the Westerly Right -of -Way Line of Weld County Road Number 49, whence the Southeast Corner of Said Section 24 bears 506°15'49"E, a distance of 681.92 feet; THENCE 589°37'42"W, a distance of 20.00 feet; THENCE N00°22'18"W, a distance of 75.00 feet; THENCE N89°37'42"E, a distance of 20.00 feet to the Westerly Right -of -Way Line of Weld County Road Number 49; THENCE 500°22'18"E, along said Westerly Right -of -Way Line, a distance of 75.00 feet to the POINT AND PLACE OF BEGINNING, containing 1,500 square feet (0.03 Acres) more or less. Bearings as shown in the above description are based upon the East Line of Section 24 having a bearing of NOO°21'24"W. This property is subject to all rights -of -way and easements of whatever kind, both recorded and implied which may be in effect at the time of this document. This property description was prepared entirely from information provided to this Surveyor by Weld County Personnel. 4391901 Pages: 3 of 5 04/18/2018 10:17 AM R Fee:$0.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII l�lrrR'�Ilri�l��'L�rtii��'� Y LI �L' I�Ytik'�i�Y h 11111 CO PLS 18468 ADDITIONAL ROW ACQUISITION RW27A Rose Rock Midstream Crude, L.P. WCR 49 WELD COUNTY, COLORADO 1975 Prairie Owl Road PROJECT NO.: SRP26 Parker, CC)8U138 (303)841-2568 WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 30 & 32 DATE: 8/09/17 DRAWN BY: MSS SHEET 1 OF 2 EXH 0 Si I_ o N O c °C9 0m 'tQ a►D3eh eh ela t---11 m � 711 M 0 - f r_ m itee nv �oM r; M.. o"0 Permanent Easement ROSE ROCK MIDSTREAM CRUDE, L.P. PARCEL #121324400011 RECEPTION #3928544 LOT C RE 1213-24-4 RE 4829 O Additional ROW to be Acquired 1,500 sq. f t. - 003 Acres -2- Permanent Easement All existing ownership, Rights —of —Way, and existing easement information has been provided by Weld County. 100 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ SCALE: 1 "= 50' Note: This Exhibit sketch does not represent a Monumented Land Survey or Right —of —Way. It is intended to show the attached property description only. ADDITIONAL ROW ACQUISITION RW27A Rose Rock Midstream Crude, L.P. WCR 49 WELD COUNTY, COLORADO 25 50 O 'LJCH !flTi URVF'" 1975 Prairie Owl Road Parker, LU 811138 303 841-2568 A • N 89'37'42" E, 20 00' Existing ROW S 89'37'42" W, 2O00' cc BASIS OF BEARING East Line of I Section 24 --� N 00'21'24" W SE Corner of Sect. 24, T3N, R65W WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 30 & 32 PROJECT NO.: SRP26 DATE: 8/09/17 DRAWN BY: MSL SHEET 2 OF 2 PHOTO EXHIBIT ROSE ROCK MIDSTREA CRUDE, L.P. 1116 PARCEL #121324400011 RECEPTION #3928544 LOT C RE 1213-24-4 RE 4829 aw s<oo F-' 0 N 0 sN P2! "V Niar- nig a 3 Tcf°, -- o f7 �a MO 0 '-'ar i--• m a c 71 fD i 6k 00 o- m IPE -a- C- 0 Rights —of —Way,. and existing easement information has been,, .` provided by Weld C ADDITIONAL ROW ACQUISITION EW2-7) Rose Rock Midstream Crude, L.P. WCR 49 WELD COUNTY, COLORADO LUCH Efl -49.1V7‘linNir 1975 Prairie Owl Road ar er, 303 841-2568 Existing RQ WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT Between Roads 30 & 32 PROJECT NO.: SRP26 DATE: 8/09/17 DRAWN BY: MSL SHEET 2 OF 2 Hello