HomeMy WebLinkAbout20150844.tiff RESOLUTION
RE: APPROVE TEMPORARY EASEMENT AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - KERR-MCGEE OIL AND GAS ONSHORE, 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 a Temporary Easement Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Kerr-McGee Oil and Gas Onshore, LP, commencing
April 1, 2015, and ending August 1, 2015, with further 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 Temporary Easement Agreement between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, and
Kerr-McGee Oil and Gas Onshore, LP 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 30th day of March, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:'.°-`. j dto:t.e / 1 . / `
'Barbara Kirkm yer, Chair/
Weld County Clerk to the Board
d I Mike Freeman, Pro-Tem Tem
BY'
eputy CI to the Board 40 /08%,,, C'
zL��`Sean P onw �"- {
APPROVED AS TO FORM „ ; I�r l
M ��� I( * ��7,Iie A. Cozad C
Coun y Attorney ‘ve
1-11/ 7)/-)
I NO�� C'N'tSteve Moreno
c
Date of signature: 1 'iI'II J
4142 2015-0844
EG0072
fir•
TO: Board of County Commissioners
_ 186rile
FROM: Bob Choate, Assistant County Attorney
1 • DATE: March 20, 2015
a. { • �, SUBJECT: Anadarko request for temporary above ground water line easement
Commissioners,
Jay Olson of Anadarko Petroleum Corp. has requested the County grant him a temporary easement(April 1 to
mid-July)over some property owned by the County, to be used for above ground"lay-flat"water lines. I have
verified this is County-owned property(not right-of-way)that long ago was railroad right of way. Public Works
and Planning have no concerns with the request.
Attached are the email request by Mr. Olson and a map for your reference. Due to the short nature of this
request, I do not see a need to require compensation. I recommend you authorize me to draft an easement
agreement and set it on your agenda in the near future. Please let me know if you have any questions or
comments.
Agree with Staff Work Session Comments
Recommendation Requested
Kirkmeyer
Freeman m(i
Conway
Cozad
i.
Moreno
2015-0844
EccO7P•
Bob Choate
From: Olson, Jay[Willbros] [Jay.Olson@anadarko.com]
Sent: Thursday, March 12, 2015 2:46 PM
To: Bob Choate
Subject: Weld County Property
Attachments: Property Report.pdf; Weld County Property Map.pdf; Weld County Property.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
I3ob.
I have attached a couple of maps and a property report showing the parcel of Weld County property Anadarko
is proposing to place 2 temporary above-ground waterlines across. The waterlines will be 10"canvas layflat
lines that would run the length of the property running north and south. The lines would be in place from April
1 to Mid-July.
Please let me know if this is possible.
Thank you
Jay P. Olson
Consulting Landman
ANADARKO PETROLEUM CORPORATION
41/
501 N. Division Blvd
Platteville, CO 80651
(970) 515-1140—main
(307) 760-9959 - cell
TEMPORARY EASEMENT AGREEMENT BETWEEN WELD COUNTY AND KERR-
•
MCGEE OIL & GAS ONSHORE 12 FOR ABOVE GROUND WATER LINES
THIS AGREEMENT is made this c��day of March 2015,by and between Kerr-
McGee Oil&Gas Onshore LP,whose address is 501 N.Division Blvd,Platteville,Colorado
80651 hereinafter referred to as"KMOG", 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 80632 hereinafter referred to as"County."
WITNESSETH:
SETH:
WHEREAS, County owns real property described in the attached Exhibit"A"
(hereinafter referred to as"Temporary Easement"),and shown in Exhibit"B"(Map),and
WHEREAS,KMOG finds it necessary to use portions of the Temporary Easement for the
placement of above ground water lines, and
WHEREAS, County wishes to cooperate with KMOG in said project.
NOW,THEREFORE, the parties herein agree as follows:
COUNTY'S RESPONSIBILITIES:
1. County agrees to convey to KMOG the Temporary Easement shown and/or
described on Exhibit"A"(a copy of which is attached hereto and made a part
hereof by this reference). The parties acknowledge and agree this Agreement
represents full, fair and valuable consideration.
2. County agrees to grant the Temporary Easement to KMOG, free and clear of all
liens,encumbrances or other possessory claims,except existing easements.
3. This Temporary Easement shall commence on April 1, 2015 and shall expire and
be of no further force or effect on August 1,2015 or upon the completion of the
project, whichever is earlier.
4. County shall not, during the term of this Temporary Easement,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 KMOG's full
enjoyment of the rights hereunder; this Temporary Easement includes all rights
and privileges as are necessary or incidental to KMOG's temporary reasonable
and proper use of said easement.
5. County shall retain the mineral estate associated with the Temporary Easement
interests, and shall also retain any water rights currently attached to or associated
with the Temporary Easement.
6. 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 County to KMOG.
KERR-MCGEE OIL&GAS ONSHORE LP'S RESPONSIBILITIES:
7. KMOG shall pay for the cost of obtaining title insurance if KMOG desires to
obtain title insurance for the Temporary Easement.
8. KMOG, as a condition of the granting of this Temporary Easement, covenants and
agrees to restore the property described in Exhibit A to a level comparable to its
original condition.
9. KMOG shall indemnify County for any liability occurring or arising as a result of
the actions or inactions of KMOG's agents, employees,contractors,
subcontractors on or about the Temporary Easement property.
MISCELLANEOUS
10. Although the date of the transfer of the Temporary Easement shall be the date of
County's execution of this Agreement, it is expressly agreed by the parties hereto
that immediately upon execution of this Agreement by County,KMOG, its
contractors, agents, employees and all others deemed necessary by KMOG shall
have the irrevocable right to possess and use said Temporary Easement.
11. This Agreement and the transfer of the Temporary 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.
12. 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.
13. The parties hereby agree that neither has made nor authorized any agreement with
respect to the subject matter of this instrument other than expressly set forth
herein. This Agreement embodies all agreements between the parties hereto and
there are no oral or written promises,terms, conditions, or obligations referring to
the subject matter addressed herein other than as contained in this Agreement
which shall be binding on either party,or its agents or employees.
14. 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. I
15. This transaction shall be governed by and constructed in accordance with the laws
of the State of Colorado.
fN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
KERR-MCGEE OIL & GAS ONSHORE LP.
By: By: ; �;4;.
Title: ft rc i-n I A ill rh ,t.,v,c r ti Title: btu r,,}.r'a n -
ATTEST: ddG / G . 0:vi BOARD OF COUNTY COMMISSIONERS
Weld • i Clerk to the Bo' d W D COUNTY, CO ORADO
r /
Deputy Cl y� to the Bo•`4 •
7,14 Barbara Kirluneyer, hair MAR t0 2015
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ROVED AS 'O F IN '„..,..-48)
� APPROVED AS t3 STANCE:ajaisaController I 7 -, 4--% EleC e q'ficia or artment Dead
- ollycittc.
APPR VFD AS'1'0 FORM: r - LT H PPLieHat.E
Director of General Services
County . I�Attorney
o06/5"-- 019-`74
Exhibit A—Legal Description of Temporary Easement
A strip of land 100 feet wide, containing 3.04 acres,more or less, being 50 feet wide on each side
of the center line of The Denver,Laramie and Northwestern Railway Company(formerly a
Wyoming corporation),as originally located, over,across and through the Southwest Quarter of
the Southeast Quarter(SW'/4 SE'/%) of Section Thirteen (13),Township Two (2)North, Range
Sixty-seven(67) West of the 6th P.M., said center line being more fully described as follows:
Beginning at a point on the South line of said SW' SE'/4 of said Section 13, 660 feet,more or
less,cast of the southwest corner of said SW'/4 SEl/4 of said Section 13;thence North 7°5W West
to a point on the North line of said SW' SE% of said Section 13,465 feet,more or less,east of
the northwest corner of said SW' SE'/4 of said Section 13; excepting 1.7 acres, more or less, as
conveyed by Deed recorded in Book 1257,Page 497, Weld County Records.
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