The URL can be used to link to this page

Browse Search

Home My WebLink About20161447.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RIGHT-OF-WAY AND EASEMENT AND AUTHORIZE CHAIR TO SIGN - SADDLEHORN PIPELINE COMPANY, LLC 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 for Right-of-Way and 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 Saddlehorn Pipeline Company, LLC, 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 for Right-of-Way and 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 Saddlehorn Pipeline Company, LLC, be and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS ��/ ,, WELD COUNTY, COLORADO �KL(o;t�' ATTEST: Mike Freeman, Chair Weld County Clerk to the Board �� Sean P. Conway, Pro-Tem BY: - G' / Dep ty Clerk to the Board ie A. Cozad =a' r.1 irkmey r 3861 t� '�% '.unt• 'ttorney a oreno Date of signature: k' //W//L-P `� ! ��► ex-.. RAD Le.k,Fe-) CJ a s- l l0 2016-1447 EG0073 .is61� MEMORANDUM !,, lJ , . 'r TO: Esther Gesick, Clerk to the Board DATE: April 20, 2016 3 G O U N T FROM: Clay Kimmi, P.E., Public Works SUBJECT: Saddlehorn Easement across Kersey Grader Shed Property Please place the attached agreements on the BOCC Agenda. Once the agreements have been signed, please return one signed original back to me so I can provide it to Saddlehorn. On Monday, March 21, 2016, the BOCC agreed to convey an easement across the Kersey Grader Shed property to the Saddlehorn Pipeline Company. Saddlehorn agreed to all of the Board's requirements including the reimbursement of$75 per lineal foot for the crossing. The crossing across Weld County property is 68.78 feet which results in a total reimbursement of$5,160.38. On March 25, 2016, the County Attorney's Office (Bob Choate and Frank Haug) reviewed the proposed easement agreement and signed off on it. I will plan on attending the BOCC hearing to answer any questions that the Board may have regarding this agreement. 2016-1447 Page 1 £1 M\Clay / t, 7 :Clay\Easemenis\Saddlehorn Memo to Clerk to the Board 4-20-16.docx �� 6919-01-WE-134 After Recording Return To: Universal Field Services, Inc. 3400 West 16th Street Building 2, Suite P Greeley, CO 80634 RIGHT OF WAY AND EASEMENT Saddlehorn Pipeline Company, LLC That, for and in consideration of the sum of Ten Dollars & No/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Weld County, a body Corporate and Politic, with an address of 1150 O Street, Greeley, CO 80631 owner(s) (herein "Grantor," whether one or more) of the real estate described in this Right of Way and Easement(this "Agreement"), does hereby grant, bargain, sell, assign, and convey to Saddlehorn Pipeline Company, LLC, a Delaware limited liability company, with offices at One Williams Center OTC-8, Tulsa, Oklahoma 74172, (herein "Grantee"), a perpetual non-exclusive right-of-way and easement (the "Easement") with the right from time to time to survey, install, lay, construct, operate, cathodically protect, inspect, test, maintain, modify, upgrade, replace with the same size pipe or equipment, relocate, abandon in place (flashfill), repair, environmentally remediate, replace, substitute, renew, reconstruct and remove one (1) pipeline not to exceed twenty (20) inches in nominal diameter, together with all equipment, facilities and appurtenances thereto as may be necessary or convenient therefor, including, but not limited to cathodic protection equipment, valves, meters, and traps (collectively, the "Pipeline") under, upon, over and through the land more particularly described herein below and as generally depicted on the attached Exhibit "A", within a route that is thirty (3 0) feet in width, for the transportation of crude oil, natural gas, petroleum products, and natural gas liquids, that can be transported by pipeline in the County of Weld,State of Colorado as follows: Lot B of Recorded Exemption No. 0961-25-2-RE-4519, recorded as Reception No. 3462193, in the records of Weld County, Colorado, being a part of the North 1/2 of Section 25, Township 5 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, and being the same land described in that Warranty Deed, dated September 18, 2009, from Charles P. Butzine to County of Weld, a body Corporate and Politic, recorded as Reception No. 3655136, in the records of Weld County,Colorado. TO HAVE AND TO HOLD the above-described Easement unto Grantee, its successors and assigns, all upon and subject to the following conditions, covenants and agreements: I. Grantee shall, to the extent reasonably practical, return the land covered by the Easement for any purpose consistent with the Grantee's rights under this Agreement that will not interfere with or endanger the Easement or the safe operation of the Pipeline; provided, however, Grantor shall not remove more than twenty feet (20') of cover from within the Easement. In the event twenty feet (20') of cover is removed by natural occurring events (e.g., erosion) from the Easement, Grantee shall be responsible for the restoration and repair of the surface area within the Easement. 2. Grantee and/or Grantee's representatives shall have reasonable access to, from, or along and upon the Easement. Access points to the Easement shall be coordinated with the Grantor. Only those access points approved by the Grantor may be used to access the Easement. Except in emergencies involving potential loss of life, damage, or destruction to the Easement, Grantee shall notify the Grantor before entry upon the land. 4199455 Pages: 1 of 10 04/29/2016 11 :09 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO ralliki.IDIViri7121,01CWIAWhAlli" 'Ivkl II III /6-P/1/70 23801796 6919-01-WE-134 3. Grantee shall bore the Pipeline under the property at a depth of more than thirty (30) feet. Since the Pipeline will be bored under Grantor's property, no temporary construction easement will be or is granted pursuant to this Agreement. 4. Grantee acknowledges that Easement shall be used for the Pipeline granted hereunder. 5. Grantee acknowledges, if the Pipeline is not constructed in the Easement within two (2) years of the execution of the Easement,the Easement will be forfeited. 6. In the event Grantee fails to use or maintain the Easement or the Pipeline for two (2) consecutive years, the Pipeline shall be abandoned in place with flashfill or will be removed. Upon the discontinued use or maintenance of the Easement or the Pipeline, the Easement shall be forfeited and the land returned to Grantor. 7. Except for the assignment of all or substantially all of Grantee's assets, or an assignment at law, Grantee shall not assign any of the Grantee's rights under the Grant of Easement without the written consent of the Grantor,which consent shall not be unreasonably withheld. 8. Grantor grants the Easement to Grantee without any warranties whatsoever. It shall be Grantee's sole responsibility to perform all necessary title work to ensure Grantor's property is free from liens. 9. Grantee shall have the right from time to time to cut, mow or otherwise maintain vegetation from the Easement that in its judgment may injure, endanger, or interfere with the exercise by Grantee of the rights, privileges and easements herein granted. 10. Grantee shall pay Grantor for any actual damages to drain tiles, water lines, existing fences, and other equipment or buildings caused by Grantee's exercise of rights granted herein on the Easement except to the extent caused by the negligence or willful misconducts of Grantor, its employees, tenants, agents, contractors, subcontractors, representatives, heirs, successors, or assigns. 11. This Agreement does not constitute a conveyance of any of the oil, gas or other minerals underlying the lands covered by this Agreement. 12. After the installation of the Pipeline constructed within the Easement has been completed, Grantee shall furnish Grantor with "as-built" drawings of said Pipeline and/or other related facilities under, upon, over and through Grantor's property which shall be filed of record as Exhibit "B" to this Agreement and made a part hereof. However, for the purpose of recordation, Grantee shall file this Agreement of record without said Exhibit 'B" and subsequently after construction and verification of survey, this Agreement shall be re-recorded to include Exhibit 'B". 13. Grantee shall pay all taxes which may be levied or assessed on the installation, use and operation of the Pipeline and Grantee further agrees to promptly reimburse Grantor for the amount of taxes which may be assessed against Grantor by reason of Grantee having installed its Pipeline and related equipment upon the real estate of Grantor in which the Easement is located. 14. Notwithstanding anything to the contrary herein, no above ground appurtenances shall be constructed by Grantee on Grantor's property, except for location markers, vent pipes, and/or corrosion control equipment placed along property boundaries or fence lines and on both sides of any road or canal crossings, or as may otherwise be required by applicable law or regulation. 4199455 Pages: 2 of 10 04/29/2016 11 :09 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CO X111��1RI�If'u ¶#7':�J'F:i�l �':Mi�lh�1H t: iYIIF 11111 2 23801796 6919-91-WE-134 15. This Agreement is to be construed in accordance with the laws of the State of Colorado, without giving effect to any choice of law principles that impose or attempt to impose the law(s) of another jurisdiction. 16. The terms and provisions of this Agreement shall constitute covenants running with the land and shall be binding upon and inure to the benefit of the respective successors, assigns, personal representatives and heirs of the parties hereto. In the event of an assignment by Grantee of any of the rights granted hereunder, Grantee shall be relieved of so much of its obligations hereunder as pertains to the rights assigned, and such obligations shall become the obligations of the assignee. 17. This Agreement may be executed by the parties hereto in any number of counterparts, each of which shall be deemed an original instrument, but all of which together shall constitute one and the same instrument. [Acknowledgement appears on the following page. Remainder of page intentionally left blank.] 4199455 Pages: 3 of 10 04/29/2016 11:09 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO VIII M��1RY4Fi+:�I�h'��'k47Fl�l�:�Jkr�ll+ftil�fF1 1 II III 3 23801796 6919-01-WE-134 IN WITNESS WHEREOF, the Grantor has executed this Agreement as of the date first above written. GRANTOR: COUNTY OF WELD, STATE OF COLORADO ATTEST: ( Kr�K4GC; L BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY,COLORADO BY: � id"'� Deputy Cle to the Bo"4: I �� ike Freeman,Chair i 1%61 y�� APR 2 7 20! Ft A/ APPROVED AS TO FUNDING: APPROVED AS TO SUBSTANCE: ( 4).„ c `` 1Li- 2 Controller Elected O lC or Department Head APPROVED AS TO FORM: N /1 Director of General Services County Attorney 4199455 Pages: 4 of 10 04/29/2016 11:09 RM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County. CO IIII PAM 11111 4 Ozo/- PP/7 / 6) 23801796 6919-01-WE-134 STATE OF COLORADO COUNTY OF WELD On this 27th day of April 2016, before me personally appeared Mike Freeman , as Chair of County Of Weld, State Of Colorado, known to me to be the person named in and who executed the foregoing instrument, and acknowledged to me that he/she/they executed the same. • (Seal) STEPHANIE FREDERICK NOTARY PUBLIC•STATE OF COLORADO My Identification#20154037785 Expires September 23,2019 Notary Public 10109 West 15th Street, Greeley, CO 80634 vn� Address My Commission Expires: 1/�S// 9' 4199455 Pages: 5 of 10 04/29/2016 11 :09 AM R Fee:$0.00 Carly Kocpes. Clerk and Recorder., Weld County. CO Ell kit MINI! �IHI 5 238 1796 6919-01-WE-134 GRANTEE Saddlehom Pipeline Company, LLC, a Delaware limited liability company By: Magellan Pipeline Company, L.P., its Construction Manager By: Magellan Pipeline GP, LLC, its general partner Na 'e V Y��Name: —cc) V�,,�la- Title: n:, i �� S��ti cer STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) This instrument was acknowled d before me this ' 1 day of }� 12. t_ , 2016, by D t 4 s j .f , the duly authorized l R o i C SI, i yes Sof Magellan Pipeline GP, LLC, as General Partner of Magellan Pipeline Company, L.P., a Delaware limited partnership, the Construction Manager of Saddlehom Pipeline Company, LLC, a Delaware limited liability company. C• Y My Commission Expires: Notary Pu�ic U '2 Commission No. I 4-O11) 11)-1 la [SEAL] SHARON E. CRUTCHFIELD N^I cr_ .4 rya C Mni issit 1._111)2,', Ex:,irec un;^<3I13 4199455 Pages: 6 of 10 04/29/2016 11 :09 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO IIII LIU al411 4IviiNO JR!.'L L Mil II II 6 23801796 6919-01-WE-134 Exhibit"A" See Attached 4199455 Pages: 7 of 10 04/29/2016 11:09 0M R Fee:$0.00 Carly Koppes Clerk and Recorder. Weld County. CO III 7 23801996 LEGEND LX1111117' "A" TRACT 6919-01-WE-134 µ,QT C NEW A PORTION OF THE NE 1/4 SECTION 25, _—_SURNLY/SECWON EEIE TOWNSHIP 5N,RANGE 65W,6TH P.M. WELD COUNTY.COLORADO PROPERTY LINE --- CENRRINE 000NORRY L.E SECTION TE CUR. CORNER SEC !roCH SCR WELD COUNT'ROAD POINT OF COMMENCEMENT SEE DETAIL A PARCEL A NI/4 COP. SEC 25 POINT OF FOUND 3.25" ALUM. CAP NORTHERLY LINE OF� TERMINUS PLS 4392 DATE 2000 LOT B RE-4519 PARCEL A (IN RANGE BoxJ (BASIS OF BEARINGS) — — 24 I9 S89'39'21''W _ W 2660.22' 88939'21'W 1448.6T (TIE) I.. _ 121154' I 586524'055N 1209.3Y (i1E) 30 NE CDR SEC. 25 WCR 54 (ASPHALT) FOUND 2.5' ALUM. CAP 30' ROW — ——J PLS 34980 DATE 2006 BOOK 86, PAGE 273 8 POINT OF (IN RANGE BOX) LO pET'°614 BEGINNING SOUTHERLY LINE OFDLc�L�\PARCEL A po D $ LOT B RE-4519 1 o. 90LpO S = = PPOfIC RAIILROXIMATE LROAD TRACKS CENTERLINE EPUDBLICLY off AVAILABLE AERIAL IUAGERT NE Y. SEC. 25 0 150 300 450 600 SCALE: 1'=300' POINT NORTHERLY LINE OF LOT B RE-4519 TERMINUS PARCEL A 000' 50' PERMANENT EASEMENT 40' ROW RESERVATION 2 W'CR 54 (ASPHALT) COLORADO INTERSTATE CAS CO. CORRECTED RE-2308 300 1000 30' ROW RECEPTION NO. 3504267 RECEPTION NO. 3124677 2 BOOK 86, PAGE 273 RECORDED 09/14/2007 RECORDED 11/07/2003 N 20' PERMANENT EASEMENT CENTRAL WELD COUNTY WATER DISTRICT COUNTY OF WELD, RECEPTION No. 2028152 A BODY CORPORATE RECORDED 02/26/2001 AND POLITIC PARCEL A 2,119 SO.FT.,± 30' PEauANENT EASEMENT CENTERLINE LENGTH DCP MIDSTREAM 68.78 FT=4.17 RODS RECEPTION NO 3651700 SOUTHERLY LINE OF RECORDED 09/30/2009 NpRE-4519 OF LOT B RE-4e PO' BEGINNING BEGINNING vo PARCEL A Mf'" DETAIL A 1' = 50' NOTES THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY.IT IS ONLY INTENDED TO DEPICT THE ATTACHED DESCRIPTION. PAGE I OF I 1 Fi, DRAWN: AC DATE:03/21/16 COUNTY OF WELD,A BODY CORPORATE AND OKOIED:TCP DATE:03/22/16 POLITIC SADDLEHORN RAM JEW DATE:03/26/16 PIPELINE COMPANY, LLC REY DATE DEW A PORTION OF THE NE 1/4 SEC.25, T5N,R65W,6TH P.M. „ =e,. WELD COUNTY, COLORADO TOTALS a LENGTH:65.78 FT. 4.17 RODS CRAVING NAME: Dew80221 MIA:LLC AR[A:2,119 SO. FT. PARCEL A ]515 HboO Or 6919-01-ME-134_SN65W25.DWG DWrvW COC Or 4199455 Pages: 8 of 10 04/29/2016 11 :09 AM R Fee:$0.00 Carly Koppel. Clerk and Recorder. Weld County. CO lIIIF4PJFE3Ifir:1M'tiGh1J311OENfriiUrtlVNf1TItiiily), IIIII I,1 11:1 7535 Hilltop Circle Denver, CO 80221 5 , 303.928.7128 Petroleum Field Services www.petro-fs.com Date: March 28, 2016 File Name: 6919-01-WE-134_5N65W25 PROPERTY DESCRIPTION County of Weld,a body Corporate and Politic Parcel A: A parcel of land being thirty feet(30.00') in width,twenty feet(20.00') on the left side and ten feet(10.00') on the right side of the following described centerline, located in a parcel of land described as LOT B of Recorded Exemption No.4519, recorded March 15`h, 2007 at Reception No.3462193 in the Weld County Clerk and Recorder's Office, being in the Northeast Quarter of Section 25,Township 5 North, Range 65 West of the 6th Principal Meridian, County of Weld,State of Colorado, being more particularly described as follows; COMMENCING at the Northeast corner of said Section 25,whence the North Quarter corner of said Section 25 bears 589°39'21"W a distance of 2660.22 feet; THENCE 586°24'05"W a distance of 1209.37 feet to the POINT OF BEGINNING PARCEL A; THENCE NO3°46'21"W a distance of 68.78 feet to the POINT OF TERMINUS PARCEL A,whence said North Quarter corner of Section 25 bears 589°39'21"W a distance of 1448.69 feet. Sidelines are shortened or lengthened to intersect the southerly and northerly lines of said LOT B of Recorded Exemption No.4519. Containing 2,119 square feet,more or less. Total centerline length 68.78 feet(4.17 Rods). .••0NE:•..+lth i. t 14,x, F) , . 01/, <.1... isc M938246 Da •March 28,2016.S f Job Il•*S.M,M„P..0%J For an.F, Page 1 of 1 4199455 Pages: 9 of 10 04/29/2016 11:09 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■III Ml�si 7i ' i.�i�i+.«i+ P.�� k ��R�YL�kthi�++Ylv� 11111 \ }w. \ ' \ :/ I : ) ` © Z1 ° �{` / /; / / !?} \` 3 j \ ! j \\ `f/ |}\ | \ 2I &\ 2 3 #> / , . ® ! . s co : } / \ / 4Z } ; ) iri / 00 _ . , \ } _ ` � � \\` /\ \ / . `_ ( `% \\ § « _ -- 8. z jz ,§ }4 '- Li / � « nnn _ c. \ [ \ . ) . ` | . ` // \ |!., q r} : t § j ; \\ \ \ ;4 tt-` k r E « . / § } § x . { - - \ 2 \ a 2 ea a ` \ \ \ / * Z /z = \ \ 2 \ E ; § | § \: ) : \ \ \ \ ^ - ! ® , / ® } / { } C / ( ). a < t 4199455 10 of 10 04/29/2016 s.11 :09 r . �9 a erk and Recorder Weld County. CO | •Carly kr+ RC § t6 qI ■H Z ««7\ �> % - ) Hello