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Home My WebLink About20154029.tiff RESOLUTION RE: APPROVE RATIFICATION OF PURCHASE OF PIPELINE RIGHT-OF-WAY GRANT FROM BUCKLEN LAND, LLC, TO DCP MIDSTREAM, LP, AND AUTHORIZE CHAIR TO SIGN 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 Pipeline Right-of-Way Grant from Bucklen Land, LLC, 804 North 25th Avenue, Greeley, Colorado 80631, to DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado 80631, for ratification by the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the County Attorney's Office, commencing upon the full execution of signatures, with further terms and conditions being as stated in said pipeline right-of-way grant, and WHEREAS, after review, the Board deems it advisable to approve and ratify said pipeline right-of-way grant, 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 Pipeline Right-of-Way Grant from Bucklen Land, LLC, to DCP Midstream, LP, for ratification by the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the County Attorney's Office, be, and hereby is, ratified. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said pipeline right-of-way grant. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO RADO ATTEST: rbara Kirkmeyer, Chair Weld County Clerk to the Board / 4) \ke Freeman, Pro-Tem BY. D=•uty Clerk to the Boa last ( � — ;,;;► 4r n Conway C APPRO AS M: IIIF��°1� s % Julie A. ozad my Attorney Steve Moreno Date of signature: _ 1 1fi—" 2015-4029 e, Cam- ya.� BC0048 4170508 Pages: 1 of 5 01/05/2016 10:33 AM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld County, CO k M,0 II III PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF Ten and More($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof,to be paid after a survey establishing the route of the line has been completed,and before construction is commenced, I/WE, Bucklen Land LLC 804 N 25t Avenue Greeley,CO 80631-9506 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 4's Avenue, Greeley, CO 80631, its successors and assigns,hereinafter referred to as "Grantee", the right, privilege and non-exclusive easement, Seventy-Five (75') feet in width for a temporary easement for initial construction for this line only and a permanent non-exclusive easement of Ten(10)feet in width, for the purpose of a single pipeline and from time to time, operating, inspecting, maintaining, protecting, repairing,replacing,and removing a single pipeline 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 6 North,Range 66 West of the 6s'P.M. Section 36:Part NE'/.identified as Parcel No.080536100064 in the Weld County Assessor's Office. 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,on,over,and across said land and adjacent land of Grantor. It is agreed that the pipeline 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.Upon completion of the pipeline installation and reseeding activities, said temporary construction easement shall tenninate. 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. 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 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.The initial consideration paid by Grantee to Grantor includes any and all damages that may be sustained by original construction of the pipeline within the easement area,including without limitation,cutting trees and damages to surface,fences or any other property owned by Grantor.If the property is leased,Grantee will settle actual damages with the tenant. Grantee further agrees that,if at any time,the pipeline settles or causes any settling in the area of the pipeline,it will make all necessary repairs at Grantee's sole cost and expense and pay damages to crops within a reasonable period of time. Notwithstanding any other provision stated herein,Grantee agrees that(1)the pipeline shall be bored under the Poudre River("River")and the Poudre River Trail("Trail"),which runs north of and adjacent to the River,such that there is neither closure of the Trail, nor any cut to any portion thereof; and (2) it shall not clear any tree, undergrowth, structure,or other obstruction from the surface of the entire width of the Trail right-of-way("ROW")without prior written permission of the owner of said right-of-way.Such permission shall not be unreasonably withheld. Grantee agrees to provide written notice to the owner of the Trail ROW, do of the Office of the Weld County Attorney,prior to construction of the pipeline under the Trail,and thereafter at any other time that Grantee accesses the Trail ROW for any other purpose permitted by the grant of rights stated herein. To the extent permitted by law, Grantee agrees that it shall indemnify, hold harmless and defend Grantor, officers, employees,agents,successors and assigns from and against any and all claims arising from or alleged to have arisen from, or related to any injury allegedly or actually arising from the sale of this Permanent Easement or the construction, existence, maintenance, operation, repair, replacement or relocation of Grantee's pipeline. Grantee's 1 4170508 Pages: 2 of 5 01/05/2016 10:33 AM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII FALIWICIMMI43011VIRIMWIANIIIIII obligations to indemnify, hold harmless and defend Grantor shall apply to all claims and injuries asserted by any person or entity which arise from or which are alleged to have arisen from the acts and/or omissions of Grantee,its officers,employees,agents,contractors and/or subcontractors. Grantee also agrees to indemnify and hold harmless the County of Weld,and its elected officials,employees,agents, successors and assigns from any and all claims and damages arising from or alleged to have arisen from,or related to any injury allegedly or actually arising from the sale of this permanent Easement and the construction, existence, maintenance, operation,repair,replacement or relocation of Grantee's pipeline based on the County's interest in the property pursuant to that certain Quit Claim Deed dated April 6, 2005 by and between Flatiron Companies LLC, a Colorado limited liability company,and the County of Weld,a political subdivision of the State of Colorado,a copy of which was recorded on May 10, 2005, and recorded at Reception No. 3284722 in the records of the Weld County Clerk and Recorder. 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 IL-I day of De ('.-I'l'l J Q v ,2015 signed,sealed,and delivered in the presence of: Bucklen Land LLC BY 4'490 r Aalr PAR-4N TITLE EB RATIFIED BY: R TTEST: `�;,oi4, J G. •ti E.ua County Clerk to the Board COUNTY OF WELD,a political subdivisi a"'•� -1 Of the State of Colorado. i>�I �w uty Cl rk to the B d By: J * ' B ara Kirkmeyer,C airman Dr 2-;g 2015 Board of County Commissioners or Weld County,Colorado ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, /LGl V� nfin&1. Gtr-t l-er known to me to be the same person(s)who executed the wit and fof4going instent,and acknowledged to me they executed the same as their free and voluntary act and ll deed for the purposes and consideration therein expressed. Given Under My Hand and Seal of Office,this H day of Dee e ,✓ ,A.D.2015. / My commission expires: I--1-:9' —3z-i' Notary ublic AMANDA EWING NOTARY PUBLIC 2 STATE OF COLORADO NOTARY ID 20114024382 MY COMMISSION EXPIRES APRIL 20, 2019 STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this,p3r-1 day of LCtenh>A , , 2015, by Barbara Kirkmeyer,as Chairman of the Board of County Commissioner of Weld County,Colorado. Given Under My Hand and Seal of Office,this day of ,A.D.2015. My commission expires: ,till r‘202,c204 Q Oat(' 4 2#11d1,43,__. �J N Public RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144002878 MY COMMISSION EXPIRES JANUARY 22,2$1$ 4170508 Pages: 3 of 5 01/05/2016 10:33 AM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■iii k��1�x�, K��;�u� �,�,ti�w��ctr,��ii iii 3 RE: PIPLELINE RIGHT-OF-WAY GRANT ATTEST: dj,,driteA) G •X,LLO•ii BOARD OF COUNTY COMMISSIONERS Wel ount Clerk to th WE D COUNTY,CO ORADO A Depu lerk to the Board arbara Kirkmeye ,Chair EC 2 3 2015 APP$QVEDAS NDIN • APPROVED AS TO SUBSTANCE: — Controller we Elected Official or Department Head APPROVED AS TO FORM: L or of General Services County Attorney / "'•• 1l61 4170508 Pages: 4 of 5 01/05/2016 10:33 AM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld County, Co ■IIIkJ�11Y � I If11�� P�1?i44il T�'t �h#Yr 11111 0.2D/o--1/47L-7 4170508 Pages: 5 of 5 01/05/2016 10:33 AM R Fee:$31.00 Carly Koppes, Clerk and Recorder, Weld ICI■ounty, CO 1 VIIIPO:1 i�' W 4Wk+kke l�tiri �I Ctl.Villii 1IIII / FS fl CITY OF GREELEY 6'WATER -- - _--- -- --—--- ` N 01'28'38" W 2653.96 J—_le a, r O C Z^TN Al /+ Y`A Al U N O,I yy N o:��t--m Xi ♦ -_,co \n m�$iZ‹ -0 $+ / —(mcmm w N• uw O Ate' Al NmN �n co rm-io •r) co o1A 8 A 0 C O A" !-.4o m m h� N'r- w- AL 8l \ Am Z O b tZil / \/ \ X /`, v m 1 N \ co n n'1 n�/ y �Ot !: ! ,0 / 2 m 2 / i- , 2 h) / / ?,I --+rr, a r- / n / // \�' Obi OO / / // z / s O) 'V / aIII II / / s n ?!nn o N" Fa _. _. 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