HomeMy WebLinkAbout20154071.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR THE CONVEYANCE OF PUBLIC ROAD
RIGHT-OF-WAY, PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO COUNTY ROAD 49 AND
AUTHORIZE CHAIR TO SIGN - NOBLE ENERGY WYCO, 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 the Conveyance of
Public Road Right-of-Way, Permanent Easement, and 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 Noble Energy WYCO, LLC 1625 Broadway Street, Suite 2200, Denver,
Colorado 80202, 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 the Conveyance of Public Road Right-of-Way,
Permanent Easement, and 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 Noble
Energy WYCO, 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.
2015-4071
EG0072
RE: AGREEMENT CONCERNING THE CONVEYANCE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT FOR CERTAIN
IMPROVEMENTS TO COUNTY ROAD 49 - NOBLE ENERGY WYCO, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, OLORADO
ATTEST: .�r1�a Ce.Abes: .k,�p� �� Pti
arbara Kirkm yer, Chai
Weld County Clerk to the BoardEL
Freeman, Pro-Tem
BY:
De•uty Clerk to the Board i8,� ( •`•�y`�': :USED
t = •� P. Conway
APP RM:
Ju ie . Cozad
ounty Attorney
Steve Moreno
Date of signature: Yji lP
2015-4071
EG0072
1861 . _ MEMORANDUM
TO: Clerk to the Board DATE: 12/21/2015
J GOUNTY
FROM: Leon Sievers/Tiffane Johnson RECEIVED
Public Works Department
SUBJECT: Agenda Item DEC 2 2 2015
WELD COUNTY
COMMISSIONERS
Agreement for the Conveyance of Public Road ROW, Permanent Easement, and Temporary
Construction Easement for Certain Improvements to WCR 49 with Noble Energy Wyco LLC,dated
July 31, 2015.
Attached are two duplicate original agreements. Please return one signed original agreement to
Publics Works as soon as possible.
M:\Francie\AGENDA memos\Agenda-Leon-I.doc
2015-4071
AGREEMENT FOR THE CONVEYANCE OF PUBLIC ROAD RIGHT-OF-WAY,
PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION
EASEMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD
49 BETWEEN NOBLE ENERGY WYCO LLC, A DELAWARE LIMITED
LIABILITY COMPANY AND WELD COUNTY, COLORADO
THIS AGREEMENT is made this 3\S} day of 3\J , 2015, by and between
NOBLE ENERGY WYCO, LLC. a Delaware Limited Liability-Company, whose address is
1625 Broadway St., Suite 2200 Denver, CO 80202, hereinafter collectively referred to as
"Owner," 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"), and
WHEREAS, Owner owns parcels of real property described in the attached Exhibit "B"
(hereinafter referred to as the("Permanent Easement"), and
WHEREAS, Owner owns a parcel of real property described in the attached Exhibit "C"
(hereinafter referred to as ("Temporary Construction Easement"), and
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, County requires a Permanent Easement, in order to accommodate the
relocation of existing permanent facilities, and
WHEREAS, County requires a Temporary Construction Easement in order to construct
the Project, and
WHEREAS, Owner wishes to cooperate with County in said Road Improvement Project,
NOW, THEREFORE, the parties herein agree as follows:
4170080 Pages: 1 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VI PAW AJIAMMICRk'VVITISh*Y4i II III
Page 2 of 5
•
OWNER'S RIGHTS AND RESPONSIBILITIES:
1. Owner agrees to convey at closing to County for the Public Road Right-of-Way
shown and/or described on Exhibit"A" at no cost to the County.
2. Owner agrees to convey at closing a Permanent Easement described on Exhibit
«Bra
3. Owner agrees at closing to convey and County agrees to the Temporary
Construction Easements described on Exhibit "C" (a copy of which is attached
hereto and made a part hereof by this reference).
4. Owner agrees to convey the Public Road Right-of-Way to the County in fee, free
and clear of all liens and encumbrances, except existing easements.
5. Owner agrees to grant the Permanent Easement, in the form attached hereto as
Exhibit "D", free and clear of all liens and encumbrances, except existing
easements.
6. Owner agrees to grant a Temporary Construction Easement to the County, free
and clear of all liens, encumbrances or other possessory claims, except existing
easements.
7. The Temporary Construction Easement shall commence on the day of closing and
shall expire and be of no further force or effect on January 1, 2018, or upon the
completion of the Road Improvement Project, whichever is earlier.
8. 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 "C" 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.
9. Owner shall retain the mineral estate under the Public Road Right-of-Way, the
Permanent Easement and the Temporary Construction Easement, and shall also
retain any water rights currently attached to or associated with the Public Right-
of-Way, Permanent Easement and Temporary Construction Easement.
10. Owner shall deliver the Property in fee for the Public Road Right-of-Way to the
County and deliver the Permanent Easement at the date of closing which shall be
no later than thirty (30) days following the County's execution of this Agreement.
4170080 Pages: 2 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
■III!!!�1��«��, 11 ti ��'Y r L r'IEy'th'�L!I��i hiiL YL���� iI II
P:\WELDCNTY\C40#1 8\NOBLE ENERGY\REV Noble Agreement-6-19-15 edits by Noble.docx
Page 3 of 5
11. Owner shall pay any encumbrance associated with the Public Road Right-of-Way,
the Permanent Easement and the Temporary Construction Easement which is
required to be paid, including, but not limited to, a prorated amount of the
property taxes, and any past due property taxes, (and interest and penalties
thereon), on or before the date of closing when Owner delivers the Public Road
Right of Way to the County and the Permanent Easement. 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, Permanent
Easement and Temporary Construction Easement.
COUNTY'S RIGHTS AND RESPONSIBILITIES:
1. 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, Permanent
Easements and Temporary Easement.
2. County shall at closing pay all fees associated with recording this Agreement
and/or Fee acquisition.
3. County shall take possession of the Public Road Right-of-Way, the Permanent
Easement, and the Temporary Construction Easement at no cost to the County.
4. County, as a condition of the granting of Temporary Construction Easement
covenants and agrees to restore the property described in Exhibit"C" to a level
comparable to its original condition.
5. Prior to construction commencing on the Project and right of way described
herein, the County shall construct a temporary fence line along the outside
boundary of the temporary construction easement / permanent easement. At the
conclusion of construction, the County will install a new permanent right of way
fence along the boundary of the new right of way being acquired hereunder. The
fence shall be constructed of 4 strand barbed wire on metal posts. The owner
shall be responsible for the subsequent maintenance of said fence.
4170080 Pages: 3 of' 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
110 WifilJEVA OININCliftlifFilkihierOd 1411111
P:\WELDCNTY\C40#18\NOBLE ENERGY\REV Noble Agreement-6-19-15 edits by Noble.docx
A
Page 4 of 5
MISCELLANEOUS:
1. This Agreement and the transfers of the Public Road Right-of-Way, Permanent
Easement and the Temporary Construction 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.
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 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.
4170080 Pages: 4 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes; Clerk and Recorder, Weld County, CO
11111 Faraf ill'EMICIM.dM 1NT III
P:\WELDCNTY\C40#18\NOBLE ENERGY\REV Noble Agreement-6-19-15 edits by Noble.docx
Page 5 of 5
IN WITNESS WHEREOF, the parties have set their hands on the day and year first
above written.
OWNER: NOBLE ENE GY WYCO LLC, a Delaware Limited Liability Company
By: Title: Attorney-In-Fact
Joseph . or
Date: (3\/\S
4sLa
ATTEST: Wrz a,�fz ) .,��, � �OARD OF COUNTY COMMISSIONERS
Weld my erk tote ia� ��: ' ma ,;: " ELD COUNTY, C LORADO
BY:
Deputy C to the B ? `' aarbara Kirkmeye , Chair
DEC 30215
APPROVED AS TO FUNDING: APPROVED AS TO.SUBSTANCE:
Controller Elected Official or Department Head
APPROVED AS TO FORM: , M I A--
PS Director of General Services
County Attorney
4170080 Pages: 5 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
•iii k'r�r:��r',��r nMIPItiti E � ,�� III
P:\WELDCNTY\C40#18\NOBLE ENERGY\REV Noble Agreement-6-19-15 edits by Noble.docx �, )
4
EXHIBIT-A
PROPERTY DESCRIPTION
RIGHT-OF-WAY
ALL THAT PORTION OF LOT C, RECORDED EXEMPTION NO. 1053-18-2-RE 4205, A RECORDED
EXEMPTION RECORDED UNDER RECEPTION NO. 3367717 OF THE RECORDS OF WELD COUNTY,
COLORADO,
LOCATED IN THE NW1/4 OF SECTION 18, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEEDS
RECORDED UNDER RECEPTION NO'S. 3678597 AND 3682076 OF THE RECORDS OF WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 30.00 FEET OF SAID LOT C.
SAID PARCEL CONTAINS 39,446 SQUARE FEET (0.906 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION EW-i , Drexel, Harrell & Co. OF PUBLIC WORKS
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46
NOBLE ENERGY WYCO, LLC. 0 COLON SPRINGS (719) 260-0e87
GRA'U SOH (°'°)267-1366 PROJECT NO. SRP-26 SCALE: N/A
WCR 49 OMELET (970) 361-0646
WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 1 of 2
4170080 Pages: 6 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County. CO
VIII f�!rdrat�����Jh�'�,G +..P� ��Mi��14'irzia l�'n,'��t�la II III
EXHIBIT-A
1 ' 1 ENSIGN US DRILLING, INC.
AREN S & I I
CALATO
N89°42'38"E 30.00'
1 1
t ' ' I NW 1/4
I : __ ..\_1-
S18-T4N-R64W
1 150'
40' ACCESS
1 EASEMENT,
THRUTCHLEY I RECEPTION
I #3367717
I
I I
APPARENT ASSOCIATED
NATURAL GAS, INC. EASEMENT,
RECEPTION #2214328
NE 1/4 1
I4 NOBLE ENERGY WYCO, LLC.
S13-T4N-R65W R65W , LOT C, RECORDED EXEMPTION
t
I NO. 1053-18-2-RE 4205
'
1 M PARCEL #1053-18-2-00-003
w RECEPTION #3678597
' IN
"
1 AND #3682076
N ID
lb I- N
STONE o
(01Z
' N� 30' RIGHT-OF -WAY ACQUIRED
I N 39,446 SQ.FT.± OR 0.906 AC.±
1 N
1
I 02:
'`EXISTING 40' ROW NOTE: THIS EXHIBIT MAP DOES
1 ' BK 1046/PG 27 NOT REPRESENT A MONUMENTED
RECP#819304 LAND SURVEY OR LAND SURVEY
6-7-1939 PLAT. IT IS INTENDED TO
° W 14.502217 I
ILLUSTRATE THE ATTACHED
PROPERTY DESCRIPTION ONLY.
NO
W 1/4 COR.
S18-T4N-R64W
1�4 SECTION N88°40'29"E _2403'
SW 1/4
SE 1/4 PROP S18-T4N-R64W
S13-T4N-R65W , , N84°26'42"W 30.15' ERTY LINE S84°26'42"E 2379.57' -
I i I N88°40'29"E 40.01'
WELD COUNTY DEPARTMENT
RIGHT-OF-WAY OF PUBLIC WORKS
ACQUISITION RW-16 Drexel, Barrell & Co.
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46
NOBLE ENERGY WYCO, LLC. cowiuoo SPRINGS (719) 260-0087
cNAND JUNCTION (970)267-1360 PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 CREASY (no)361-0846
WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 2 of 2
4170080 Pages: 7 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII PO:ICI LAIR HiCi',ii,F;ilir,INliIih'IiI:+ifiY), Ill II1
EXHIBIT-B
PROPERTY DESCRIPTION
PERMANENT UTILITY EASEMENT
ALL THAT PORTION OF LOT C, RECORDED EXEMPTION NO. 1053-18-2-RE 4205, A RECORDED
EXEMPTION RECORDED UNDER RECEPTION NO. 3367717 OF THE RECORDS OF WELD COUNTY,
COLORADO,
LOCATED IN THE NW1/4 OF SECTION 18, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE
OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEEDS
RECORDED UNDER RECEPTION NO'S. 3678597 AND 3682076 OF THE RECORDS OF WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF THE WEST 50.00 FEET OF SAID LOT C.
SAID PARCEL CONTAINS 26,351 SQUARE FEET (0.605 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
PERMANENT UTILITY WELD COUNTY DEPARTMENT
EASEMENT Drexel, Barrell & Co. OF PUBLIC WORKS
ACQUISITION PE 16 1800 38th street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/surveyors (303) 442-4338 BETWEEN WCR(s)44&46
NOBLE ENERGY WYCO, LLC. -X) COLORADO SPRINGS (719) 260-0887
GRAND JO(CIR)R (9710)236711960 PROJECT NO. SRP-26 SCALE: N/A
WCR 49 OREAEY (9710)set--oe�e
WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 1 of 2
4170080 Pages: 8 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
II III
EXHIBIT-B
1 ' 1 ENSIGN US DRILLING, INC.
ARENS & I I
CALATO 1 1 `S89°42'38"W 20.00'
I 1 i
I 1 � � NW 1/4
1 _
1 1 S18-T4N-R64W
: �50'
40' ACCESS
1 1 EASEMENT,
THRUTCHLEY I I RECEPTION
1 #3367717
I U 1
1 1 • \ APPARENT ASSOCIATED
II NATURAL GAS, INC. EASEMENT,
RECEPTION #2214328
1 1 1
I I I
I .% I
NE 1/4 NOBLE ENERGY WYCO, LLC.
513-T4N-R65W 1 U 1 LOT C, RECORDED EXEMPTION
1 1
I 1 I NO. 1053- 18-2-RE 4205
' I IT)
1 i PARCEL #1053-18-2-00-003
� 00
I ;�I RECEPTION #3678597
1�; N
w N AND #3682076
STONE z
' rr
(DIN 1 0
1 NI N1n 20' PERMANENT UTILITY EASEMENT
I I
I FOR ASSOCIATED NATURAL GAS, INC.
IN I ACQUIRED 26,351 SQ.FT.± OR 0.605AC.±
1
Ib'
Z, I *EXISTING 40' ROW
BK 1046/PG 27
1 RECP#819304
1 I 1 6-7-1939 NOTE: THIS EXHIBIT MAP DOES
NOT REPRESENT A MONUMENTED
LAND SURVEY OR LAND SURVEY
NO°17'22"W 14.50' I -El 30' PLAT. IT IS INTENDED TO
1 , 50' ILLUSTRATE THE ATTACHED
W 1/4 C0R. 1 --I PROPERTY DESCRIPTION ONLY.
S18-T4N-R64W
1/4 SECTION LINE N88°4O'29"E 2407.33'
-
SW 1/4
SE 1/4 1 1 S84°26'42"E 20.10' PROPERTY 518-T4N-R64W
S13-T4N-R65W 1 1 N84°26'42"W 30.15' LINE S84°26'42"
I 1 I N88°4O'29"E 40.01' E 2379.57'
PERMANENT UTILITY WELD COUNTY DEPARTMENT
EASEMENT Drexel, Barrell & Co. OF PUBLIC WORKS
ACQUISITION PE 16 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46
NOBLE ENERGY WYCO, LLC. 0 - coinaAno SPRQ709 (7914 200-0997 PROJECT NO. SRP-26 SCALE: 1"=200'
f` GRAND JUNCf[oN (070)E67-1960
WCR 49 \ csffiar (s7°)961-0646
WELD COUNTY,COLORADO DATE: 10-14-14I DRAWN BY: TLT (SHEET: 2 of 2
4170080 Pages: 9 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
.III kIrif:ll'i Viii,r 4'IK'II P+MI V.1110,4lr:PYiyi, 11111
EXHIBIT-C
PROPERTY DESCRIPTION
TEMPORARY EASEMENT
ALL THAT PORTION OF LOT C, RECORDED EXEMPTION NO. 1053-18-2-RE 4205, A RECORDED
EXEMPTION RECORDED UNDER RECEPTION NO. 3367717 OF THE RECORDS OF WELD COUNTY,
COLORADO,
LOCATED IN THE NW1/4 OF SECTION 18, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE
OF COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEEDS
RECORDED UNDER RECEPTION NO'S. 3678597 AND 3682076 OF THE RECORDS OF WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF THE WEST 50.00 FEET OF SAID LOT C.
SAID PARCEL CONTAINS 26,351 SQUARE FEET (0.605 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL & CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
TEMPORARY EASEMENT WELD COUNTY DEPARTMENT
ACQUISITION E-1 Drexel, Barrell & Co. OF PUBLIC WORKS
C
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46
NOBLE ENERGY WYCO, LLC. 0 COLORADO SPRINGS (719)280-0887
GRAND NNCHON (070)2871060 PROJECT NO. SRP-26 SCALE: N/A
WCR 49 :RAND faro)sal--084
WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 1 of 2
4170080 Pages: 10 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County CO
1111 Will K,'4I11:
•
EXHIBIT-C
1 1 ENSIGN US DRILLING, INC.
ARENS & I I
CALATO 1 i4 S89°42'38"W 20.00'
I I
I NW 1/4
S18-T4N-R64W
50'
1 1
40' ACCESS
1 1 EASEMENT,
TI IRUTCHLEY I I RECEPTION
#3367717
1 I 1
1 1 1 \ APPARENT ASSOCIATED
ii NATURAL GAS, INC. EASEMENT,
RECEPTION #2214328
1
I I 1
I I
NE 1/4 NOBLE ENERGY WYCO, LLC.S13-T4N-R65W 1 6 1 LOT C, RECORDED EXEMPTION
1 1
I . I NO. 1053-18-2-RE 4205
'
1 1 PARCEL #1053-18-2-00-003
I ;^I� 2 RECEPTION #3678597
rI
, °° AND #3682076
STONE 13 N
1 Nlr N
N 1 'NIo 20' TEMPORARY
N Z z EASEMENT ACQUIRED
N
1_ 1 26,351 SQ.FT.± OR 0.605 AC.±1 r I
01
z. I *EXISTING 40' ROW
BK 1046/PG 27
1
1 RECP#8 19304
1...i
6-7-1939 NOTE: THIS EXHIBIT MAP DOES
I NOT REPRESENT A MONUMENTED
30' LAND SURVEY OR LAND SURVEY
N0°17'22"W 14.50' ' PLAT. IT IS INTENDED TO
1 �� 50 ILLUSTRATE THE ATTACHED
W 1/4 COR. PROPERTY DESCRIPTION ONLY.
S18-T4N-R64W
1/4 SECTION LINE N88°40'29"E 2407.33'
SW 1/4
584°26'42"E 20.10' p S18-T4N-R64W
S13 T4N�R65W N84°26'42"W 30.15' ROPERTY LINE S84°26'42"E 2379 57
I I I N88°40'29"E 40.01'
WELD COUNTY DEPARTMENT
TEMPORARY EASEMENT OF PUBLIC WORKS
ACQUISITION TE-16 Drexel, Barrell & Co.
1800 38th Street, Boulder, Co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46
NOBLE ENERGY WYCO, LLC. ___0_- COLORADO SPRINGS (710)260-0687
:RAND IUNCRON (rm)257-1360 PROJECT NO. SRP-26 SCALE: I"=200'
WCR 49 c1�ar (wro)361-0646
WELD COUNTY,COLORADO DATE: 10-14-14 DRAWN BY: TLT SHEET: 2 of 2
4170080 Pages: 11 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder. Weld County. CO
VIII k!lA ttii:iihJill iit l'irliii AWE LirlIri+1ICI, Ill III
i
EXHIBIT D
PIPELINE RIGHT-OF-WAY GRANT
FOR AND IN CONSIDERATION OF THE SUM OF Ten and More($10.00+) DOLLARS
and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Noble Energy WYCO,
LLC,whose address is
hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to DCP Midstream, LP,
whose local address is, 3026 4th Avenue, Greeley, CO 80631, its successors and assigns, hereinafter referred to as "Grantee", the
right, privilege and non-exclusive easement, 20 feet in width for a temporary easement for construction for this line or lines and a
permanent non-exclusive easement of Twenty (20) feet in width, for the purpose and from time to time, operating, inspecting,
maintaining, protecting, repairing, replacing, change the size and removing a pipeline or pipelines, or other appurtenances, for the
transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any
combinations and mixtures of any of the foregoing,upon and along a route through the following described land located in WELD
County, State of COLORADO,to wit:
Township 4 North,Range 64 West of the 6th P.M.
Section 18
Said temporary construction easement and permanent non-exclusive pipeline easement being more particularly described
on Exhibit"A"attached hereto and made a part hereof.
Together with the right of ingress and egress to and from said pipeline or lines, on, over, and across said land and adjacent land of
Grantor.
It is agreed that the pipeline or lines to be laid under this grant shall be constructed a minimum depth of forty-eight (48) inches
below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully
use and enjoy the above described premises subject to the rights herein granted.
Grantee agrees to reclaim those lands disturbed during construction as nearly as practicable to its original condition and reseed the
same as soon as possible.
Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent right-of-way,
and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-
way that will interfere with the normal operation and maintenance of said line or lines.
Grantee agrees to pay to the owners and to any tenant,as their interests may be,any and all damages to crops,timber, fences,drain
tile, or other improvements on said premises that may arise from the exercise of the rights herein granted;provided,however,that
after the pipeline or lines has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by
keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due
hereunder may be made direct to the said Grantor or any one of them.
It is further agreed that the said Grantee, its successors or assigns, is also hereby granted the right to lay, construct, maintain,
operate,repair,replace and remove, in the same manner and with the same rights provided above,additional pipelines,but for each
additional line laid, Grantee, its successor or assigns, shall pay Grantor, $15.00 per lineal rod of pipeline before commencing the
construction of any such additional line. Grantee further agrees to pay crop damages for each additional line laid.
The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators,
personal representatives, successors,and assigns of the parties hereto.
TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said
easement is used for the purposes granted herein.
IN WITNESS WHEREOF, Grantor has executed this instrument this day of 2015, signed,
sealed,and delivered in the presence of:
By:
Print:
Title:
4170080 Pages: 12 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III!!!���1�,N rYkJ �F�����lil1�����G +R Ili MIL'�'lYlti�� 1I II
ACKNOWLEDGEMENT
STATE OF
ss.
COUNTY OF
Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
, known to me to be the
same person(s)who executed the within and foregoing instrument, and acknowledged to me executed the same as
free and voluntary act and deed for the purposes and consideration therein expressed.
Given Under My Hand and Seal of Office,this day of , 2015.
My commission expires:
Notary Public
4170080 Pages: 13 of 13
01/04/2016 12:49 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III���1�«Rau k���L4�1 I�IL+�fi �; Ni'�i� 'fl'�1i�,��� Bill
MEMORANDUM
TO: Clerk to the Board DATE: 4/27/2016
co-u
FROM: Tiffane Johnson, Public Works Department
SUBJECT: Consent Agenda Item
RE: 2015-4071
Quit Claim Deed with Noble Energy Wyco, LLC for the WCR 49 Improvement Project.
RECEIVED
APR 2 7 MS
WELD COUNTY
COMMISSIONFRc
M 1Francie\AGENDA memos\Agenda-Tiff-I.doc
QUIT CLAIM DEED
THIS DEED made this aO* ' day of Pr \ , 2016, between the NOBLE ENERGY WYCO,
LLC., a Delaware Limited Liability Company, whose address is 1625 Broadway St., Suite 2200 Denver,
Colorado 80202, as Grantor, and COUNTY OF WELD, a body corporate and politic of the State of
Colorado whose legal address is 1150 "O" Street, Greeley, Colorado 80631, of the County of Weld, State
of Colorado, Grantee:
WITNESS, that Grantor, for the sum of One Dollar, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed,
and QUIT CLAIMED unto the Grantee, their heirs and assigns forever, all the real property together
with improvements, if any, situate, lying and being in the County of Weld and State of Colorado,
described as follows:
SEE ATTACHED EXHIBIT A.
RESERVING unto Grantor the mineral estate under said property, including oil, gas and any and
all water rights currently attached to or associated with said property, except as required to sustain the
integrity of the surface estate granted herein.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining, and the reversion and reversions, reminder and remainders, rents, issues and
profits thereof, and all estate, right, title, interests, claim and demand whatsoever of the grantor, either in
law or equity,of, in and to the above bargained premises,with the hereditaments and appurtenances.
IN WITNESS THEREOF the Grantors have executed this deed on the date set forth above.
GRANTOR: NO E E Y WYCO,LLC.,a Delaware Limited Liability Company
Signature: Date: 4 /Q-o/ap\G,
Name/Tit . Jose . Lorenzo,Attorney-In-Fact
STATE OF COLORADO )
CITY AND )ss.
COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this aor+'day of Apr,: ► , 2016, by
Joseph H. Lorenzo as Attorney-In-Fact, of Noble Energy WYCO LLC, a Delaware Limited Liability
Company.
Witness my hand and official seal.
My commission expires: 4 -sack - 1 q
ALYSON OWENS ry 4-1)
NOTARY PUBUC•STATE OF COLORADO Notary Pu he
My Identification#20154017000
Expires April 29,2019
ao�.s- /0 7/
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 the above deeded property as Public
Rights of Way for a Public Highway, pursuant to Colorado Revised Statute 43-2-201(1)(a).
Dated this C9P1) day of , 2016.
ATTEST: d.fdrifeti '41 COUNTY OF WELD, A BODY
CLERK TO THE BOARD OF CORPORATE AND POLITIC OF THE
COUNTY COMMISSIONERS O- +r1 STATE OF COLORADO
THE COUNTY OF WELD ,' \ I- /e)%,
tat!1/42
BY:
L.i �1 1� IAN BY: I r t
Dep ty Clerk to the BoarN((4t , . • \/, Mike Freeman, Chair
pro-de BOARD OF COUNTY MAY 0 2 2016
COMMISSIONER
OF THE COUNTY OF WELD
STATE OF COLORADO )
)ss
COUNTY OF WELD )
T e foregoing instrument was acknowledged before me this a1./P day of
, 2016 by Mike Freeman, BOARD OF COUNTY COMMISSIONERS
OF THE CO TY OF WELD.
Witness my hand and official seal.
Notary Pu is
My commission expires: pi/9' ap// CHERYL LYNN HOFFMAN
/ NOTARY PUBLIC
STATE OP COLO+ ADO
NOTARY If) 20144048044
MY COMMISSION EXPIRES uEC. 19, 2018
' 107/
EXHIBIT-A
PROPERTY DESCRIPTION
RIGHT-OF-WAY
ALL THAT PORTION OF LOT C, RECORDED EXEMPTION NO. 1053-18-2-RE 4205, A RECORDED
EXEMPTION RECORDED UNDER RECEPTION NO. 3367717 OF THE RECORDS OF WELD COUNTY,
COLORADO,
LOCATED IN THE NW1/4 OF SECTION 18, T4N, R64W OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO, SAID PARCEL BEING A PORTION OF THAT TRACT OF LAND AS DESCRIBED IN DEEDS
RECORDED UNDER RECEPTION NO'S. 3678597 AND 3682076 OF THE RECORDS OF WELD COUNTY,
COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 30.00 FEET OF SAID LOT C.
SAID PARCEL CONTAINS 39,446 SQUARE FEET (0.906 ACRES), MORE OR LESS
LEGAL DESCRIPTION PREPARED BY:
WILLIAM K. WRIGHT, PLS 23529
DREXEL, BARRELL Sc CO.
1800 38TH STREET
BOULDER, CO 80301
303-442-4338
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION Drexel, Barrell & Co. OF PUBLIC WORKS
RW 16 1800 38th Street, Boulder, CO 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46
NOBLE ENERGY WYCO, LLC i0:` COLORADO SPRINGS (719)260-0887
. GRAND JUNCTION (970)257-1350 PROJECT NO. SRP-26 SCALE: N/A
WCR 49 GRIDCY (970)Sal—oaea
WELD COUNTY,COLORADO DATE: 10-09-14 DRAWN BY: TLT SHEET: 1 of 2
EXHIBIT-A
' ' ENSIGN US DRILLING, INC.
ARENS & I I
CALATO I N89°42'38"E 30.00'
1 t
o NW 1/4
• S18-T4N-R64W
150'
40' ACCESS
EASEMENT,
THRUTCHLEY I RECEPTION
i #3367717
t
i
APPARENT ASSOCIATED
NATURAL GAS EASEMENT,
RECEPTION #2214328
i
I
Ios
NE 1/4 Nt
NOBLE ENERGY WYCO, LLC.
S13 T4N R65W 0 LOT C, RECORDED EXEMPTION
NO. 1053-18-2-RE 4205
^ :° PARCEL #1053-18-2-00-003
• r7
✓i
w RECEPTION #3678597
'-NI's AND #3682076
O N N
y STONE I �' o,
I . Z
CO i
1 N� 30' RIGHT-OF -WAY ACQUIRED
IN 39,446 SQ.FT.± OR 0.906 AC.±
1 N
1
o ,
I z: *EXISTING 40' ROW
BK 1046/PG 27 NOTE THIS EXHIBIT MAP DOES
BK104 /PG2 NOT REPRESENT A MONUMENTED
RECP#819304 SURVEY OR LAND SURVEY
6-7-1939 PLAT. IT IS INTENDED TO
ILLUSTRATE THE ATTACHED
° PROPERTY D SCRIPTION ONLY.
NO 17 22 W 14.50
W 1/4 CORD
S18-T4N-R64W
... SECTION INE- N88°40'29'E 2407.33'
--- SW 1/4
SE 1/4 S18-T4N-R64W
513-T4N-R65W i S84o 6'42"E 30.15' PROPERTY LINE S84°26'42"E 2379.57'
I I N88 40 29 E 40.01'
RIGHT-OF-WAY WELD COUNTY DEPARTMENT
ACQUISITION CD
Drexel, & Co. OF PUBLIC WORKS
1800 38th StreaBarrellk Boulder, co 80301 WCR 49 CORRIDOR PROJECT
Engineers/Surveyors (303) 442-4338 BETWEEN WCR(s)44&46
NOBLE ENERGY WYCO, LLC. n COLORADO SPRINGS (713) 267-1387
X 1RARD NRCn1R (970)387-164° PROJECT NO. SRP-26 SCALE: 1"=200'
WCR 49 cR�EY (°'°>361-0646
WELD COUNTY,COLORADO DATE: 10-09-14J DRAWN BY: TLT(SHEET: 2 of 2
Hello