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Home My WebLink About20162065.tiff© O RESOLUTION RE: APPROVE AGREEMENT FOR GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND AUTHORIZE CHAIR TO SIGN ALL NECESSARY DOCUMENTS - ROSE ROCK MIDSTREAM CRUDE, L.P. 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 Grant of Temporary Construction Easement 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, L.P., 6120 S. Yale Avenue, Suite 700, 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 for Grant of Temporary Construction Easement 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, L.P., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign all necessary documents. Cc. Pc.v C -T J( Ft, ) -1/ra,/^oolCo 2016-2065 EG0073 p RE: AGREEMENT FOR GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 - ROSE ROCK MIDSTREAM CRUDE, L.P. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of June, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:da jai;ok. Weld County Clerk to the Board ounty Attorney Date of signature: 7 IraCOI 016 Mike Freeman, Chair Sean P. Conway, Pro-Te teve Moreno 2016-2065 EG0073 O Q MEMORANDUM TO: Clerk to the Board DATE: June 23, 2016 FROM: Tiffane Johnson, Public Works Department SUBJECT: Agenda Item RE: WCR 49 Corridor Project Agreement for Grant of a Temporary Construction Easement for improvements to WCR 49 with Rose Rock Midstream Crude, L. P. M:Prancie\AGENDA memos Agenda-Tiffany.dac C- 2016-2065 Lilo AGREEMENT FOR GRANT OF A TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49, BETWEEN ROSE ROCK MIDSTREAM CRUDE, L.P. and WELD COUNTY, COLORADO THIS AGREEMENT FOR GRANT OF A TEMPORARY CONSTRUCTION EASEMENT ("Agreement") is made this day of , 2016 (the "Effective Date"), by and between Rose Rock Midstream Crude, L.P., a Delaw limited partnership ("Owner") whose address is 6120 S. Yale Avenue, Suite 700, Tulsa Oklahoma 741 6, and 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 "B" (hereinafter referred to as the "Temporary Construction Easement"), and e WHEREAS, County finds it necessary to rebuild and improve'Weld County Road 49 which will improve the alignment and construction of the roadway (hereinafter referred to as "WCR 49 Corridor Improvement Project", and WHEREAS, County requires a Temporary Construction Easement(s) in order to construct the WCR 49 Corridor Improvement Project, and WHEREAS, Owner wishes to cooperate with County in said WCR 49 Corridor Improvement Project, NOW, THEREFORE, the parties herein agree as follows: OWNER'S RIGHTS AND RESPONSIBILITIES: 1. Owner agrees to grant the Temporary Construction Easement described on Exhibit "B" (a copy of which is attached hereto and made a part hereof by this reference). 2. This Agreement shall serve as complete evidence of the terms contained herein and the parties specifically agree that no additional documents are required to reflect the rights granted herein by Owner to County. 3. Owner shall not, during the term of the 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; the Temporary Construction Easement includes all rights and privileges as are necessary or incidental to County's reasonable and proper use of said easement. 4216703 Pages: 1 of 7 07/06/2016 12:25 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII F4�1K9�a L#'.'i �I�ti R,Mi Lhihw�rll} t Il I�Y4rh II III Page 1 of 4 go/G-ow6,5" COUNTY'S RIGHTS AND RESPONSIBILITIES: 1. County, as a condition of the granting of this Temporary Construction Easement, covenants and agrees to level, if necessary de -compact, reseed and mulch the property described in Exhibit "B" to as near the original condition as possible. County hereby acknowledges that County will be solely responsible for all construction, fencing, restoration and related costs with respect to the WCR 49 Corridor Improvement Project. 2. County agrees to fence the Temporary Construction Easement off from the rest of Owner's property and to replace the Owner's existing fence with a new fence on the new right of way boundary immediately following completion of the work that is related to the WCR 49 Corridor Improvement Project and adjacent to Owner's property. 3. County shall notify Owner prior to the removal of the Owner's existing fence. 4. The Temporary Construction Easement and the rights granted to County herein shall commence on the Effective Date and will expire on December 31s`, 2017, unless extended in writing by Owner (the "Term"). 5. County Permittees (defined below) will comply with all applicable local, state and federal laws in connection with any activity performed within the Temporary Construction Easement and will not permit any mechanics', materialmen's or other liens to be filed against the Temporary Construction Easement. If any liens are filed against the Temporary Construction Easement as a result of County Permittees' activities, County will promptly cause the same to be discharged of record. 6. Owner will not be liable for and County agrees to reimburse Owner for all cost, damage, loss, expense, liability, suits and proceedings, incurred in connection with loss of life, bodily or personal injury or property damage arising out of any occurrence in, on or about the Temporary Construction Easement to the extent arising from use of the Temporary Construction Easement by the County and/or any and all County Permittees. 7. County agrees to cause County Permittees to maintain a policy or policies of public liability insurance issued by a reputable company in amounts and on policy terms reasonably satisfactory to Owner insuring Owner and County against or arising out of or in connection with the County Permittees' use of the Temporary Construction Easement. County waives as against Owner any cause of action which County might have against Owner on account of any loss or damage which is insured against under any insurance policy which names County as a party insured or additional insured. If Owner is, without fault on Owner's part, made a party to any action commenced by or against County or any County Permittee, County agrees to pay all loss, expenses and the reasonable attorneys' fees of Owner incurred in connection therewith. MISCELLANEOUS: b. The parties hereto agree that upon execution of this Agreement by County and Owner and during the Term, County, its contractors, agents, employees and all others deemed necessary by County (all of which persons are herein called "County Permittees") shall have the irrevocable right to possess and use the Temporary Construction Easement for the purposes of constructing the WCR 49 Corridor Improvement Project and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction of said project, including Page 2 of 4 4216703 Pages: 2 of 7 07/Carly 06 Koppes, ,12:26 PM R Clerk and r Recorder,,O Wed County, Co 1111IFJFAIWC147tillilv,IJ44ICIMW4ihidA Ill III © the rights of entry upon, passage over, and deposit of excavated earth, and storage of material and machinery upon the Temporary Construction Easement as may be useful and necessary. 2. This Agreement and the transfer of the Temporary Construction Easement made pursuant to the terms herein, shall be binding upon 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 Agreement 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 Agreement 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 Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter hereof other than as contained herein. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. 9. Nothing contained in this Agreement and no action by either Owner or County will be deemed or construed by the parties or by any third person to create the relationship of principal and agent, or a partnership, or a joint venture, or any association between the parties. 10. Any notice to be given hereunder will be in writing and will be delivered when provided in person, by certified or registered mail, return receipt requested, with sufficient postage prepaid, or by recognized overnight courier, and addressed as indicated above. Page 3 of 4 4216703 Pages: 3 of 7 07/06/2016 12:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co III!iirJRICWINTINI W Ike, Ill III IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: Rose Rock Midstream Crude, L.P. By: Rose Rock Midstream Energy GP, L.L.C. By: Peter L. Schwiering, Chief Op acing Officer ATTEST: W'41 Weld C BY: my Clerk to the Boa d P eputy CI �) k tot a Board APPROVED AS TO FUNDIN aitaz Controller APPR�EDASTOFORM: v�/vim County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 710 -41:4 - Mike Freeman, Chair JUN 2 9 2016 ROVED AS TNCE: ected Officia or Department Head Director of General Services 4216703 Pages: 4 of 7 07/06/2016 12:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Mill IYi�11C44�rlil��l44{ kZ1OMH J!f libiriMF''i i,I II 111 Page 4 of 4 c,247/6 02.06.5- EXHIBIT -B 97 -ROSE ROCK MIDSTREAM CRUDF—TCF PROPERTY DESCRIPTION A strip of land, Twenty (20) feet in width, being part of Lot C, Recorded Exemption No. 1213-24-4 RE -4829, recorded April 22, 2009 as Reception No. 3618066 of the records of the Weld County Clerk and Recorder, located in the Southeast Quarter (SE1/4) of Section Twenty—four (24), Township Three North (T.3N.), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast corner of said Section 24 and assuming the East line of the Southeast Quarter (SE1/4) of said Section 24, being monumentalized by a #6 rebar with a 3 %" diameter aluminum cap stamped `t -S23027, 2002" at the South end and by a #6 rebar with an illegible 2 '%" diameter aluminum cap at the North end, as bearing North 00'21'24" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, a distance of 2644.74 feet, with all other bearings contained herein relative thereto: THENCE South 89'54'16" West along the South line of the Southeast Quarter (SE1/4) of said Section 24 a distance of 149.03 feet to the POINT OF BEGINNING; THENCE continuing South 89'54'16" West along the South line of the Southeast Quarter (SE1/4) of said Section 24 a distance of 20.00 feet; THENCE North 00'21'24" West a distance of 38.22 feet; THENCE North 44'47'36" East a distance of 111.44 feet; THENCE North 00'22'18" West a distance of 1205.13 feet to the North line of said Lot C; THENCE North 89'51'34" East along the North line of said Lot C a distance of 20.00 feet; THENCE South 00'22'18" East a distance of 1213.37 feet; THENCE South 44'47'36" West a distance of 111.44 feet to a point being Thirty (30) feet, as measured at a right angle, North of the South line of the Southeast Quarter (SE1/4) of said Section 24; THENCE South 00'21'24" East a distance of 30.00 feet to the POINT OF BEGINNING. Said strip of land contains 27,096 sq. ft. or 0.622 acre, more or less (t), and may be subject to any rights —of —way or other easements of record or as now existing on said described strip of land. K '4216703 Pages: 5 of 7 07/06/2016 12:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO M NA Michael Chad Dilka — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38106 TEMPORARY EASEMENT ACQUISITION ROSE ROCK MIDSTREAM WCR 49 WELD COUNTY, COLORADO ICING SURVEYORS 650 E. Carden Drive I Windsor, Colorado 80550 phone: (97(7 686.5011 I mail: info@Ying$uneyors<om WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 30 & 32 PROJECT NO: SRP-26 SCALE: N/A DATE: 5-9.15 DRAWN BY: CDL SHEET: Iof2 EXHIBIT -B LINE TABLE LINE BEARING LENGTH L1 S89'54'16"W 149.03' L2 S69'54'16"W 20.00' L3 NO0'21'24"W 38.22' L4 N44'47'36"E 111.44' L5 N89'51'34"E 20.00' L6 944'47'36"W 111.44' L7 SO0'21'24"E 30.00' NOTICF According to Colorado low you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect In this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) NOTE: This exhibit drawing Is not Intended to be a monumentalized land survey. It's sole purpose is as a graphic representation to aid in the visualization of the written property description which it accompanies. The written property description supersedes the exhibit drawing. 30' PIPELINE EASEMENT J TO OCP MIDSTREAM. LP (REC. NO. 3745174) 30' PIPELINE WENSE ' 70 WATIENOERO WOLDINL1 LLC—I (REEL NO.. 3958029)1E f SE 1/4 A S24-T3N-R65W 40' PIPELINE EASEMENT TO KERR-MCGEE GARTERING LW -.- OM NO. 3922974) 10' EXISTING RIGHT-OF-WAY (REC. NO. 3598538) 2O' TEMPORARY EASEMENT 27,O96s.f.± OR 0.622ac.± ROSE ROCK MIDSTREAM CRUDE, L.P. PARC.# 121324400011 RECP.#3928544 LOT C RE 1213-24-4 RE 4829 I 30' EXISTING RIGHT-OF-WAY (BOOK 86 PAGE 273) 50' PIPELINE EASEMENT r- 70 MOTE CLEFS PIPELINE LW I (REG Na 3534409) 40' WATERLINE EASEMENT 70 NORTHERN COLORADO WATER CONSERVANCY DISTRICT _ _ (REC. N0. 2640662) —LL 30EXISTING RIGHT-OF-WAY (BOOK 86 PAGE 273) .WCR 39 L3 I L2 10' EIECTRIC & COMMUNICATION EASEMENT 10 UNITED POSER, INC (REG NO. 35657TH) L5 Li I -E 1/4 CORNER Sec. 24, T.3N., R.65W. FOUND #6 REBAR WITH ' 2.5' ALUMINUM CAP ILLEGIBLE IN MONUMENT BOX TEN HAND TRUST & ALVIN DECHANT Jr. & SCOTT DECHANT SW 1/4 519-T3N-R64W SE CORNER Sec. 24, T.3N., R.65W. FOUND /J6 REBAR WITH POINT OF 3.25' ALUMINUM CAP BEGINNING STAMPED LS 23027, 2002 ' IN MONUMENT BOX I POINT OF COMMENCEMENT TEMPORARY EASEMENT ACQUISITION CTE-27) ROSE ROCK MIDSTREAM WCR 49 KING SURVEYORS `W' d. r. Cob do 13.0" "0 inT Kin}Rurvevar.co," 4216703 Pages: 6 of 7 07/06/2016 12:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII N)r1FOT+r4GE,Inii,'SlElrlIhR ilY,N. 14 Viii, II III WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 30 & 32 PROJECT NO: SRP-26 SCALE: l".=-200' DATE: 5 -9 -IS DRAWN BY: CDL SHEET: 2 of 2 (fir PHOTO. EXHIBIT . a . .-r al a AIM 20' TEMPORARY EASEMENT 27,096s. f.± OR 0.622ac.± ADDITIONAL RIGHT—OF—WAY 49,053s.f.± OR 1.126ac.± SE 1/4 524-T3N-R6SW ROSE ROCK MIDSTREAM CRUDE, L.P. LOT C RE 1213-24-4 RE 4829 10' EXISTING RIGHT-OF-WAY (REC. NO. 3598538)n- 30' EXISITNG RIGHT—OF—WAY (BOOK 86 PAGE 273) 30' EXISTING RIGHT—OF—WAY (BOOK 86 PAGE 273) 1 ma. — a -an' a - r WCR 30 . ' ors ..+.rri E 1/4 CORNER S24-T3N-R65W TEN HAND TRUST & ALVIN DECHANT Jr. & SCOTT DECHANT SW 1/4 S19-T3N-R64W SE CORNER S24-T3N-R65W 'Ws wily .. _ S a tt PHOTO EXHIBIT i ROSE ROCK MIDSTREAM '.\_('P Io K I NC; SI.'lt\•I: 1 ( )It` WELD COUNTY DEPARTMENT OF PUBLIC WORKS WCR 49 CORRIDOR PROJECT BETWEEN WCR(s) 30 & 32 PROJECT NO: SRP-26 SCALE- I "=200' 4216703 Pages: 7 of 7 07/06/2016 12:26 P11 R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County, CC 1'rfiMOfl 111' II,i:r!.1S' Ill II ad, ml•.,i'h"ip>un't v.u- ruin DATE 5-9)-I5 DRAWN BY. CDL SHEET: I of I Hello