The URL can be used to link to this page

Browse Search

Home My WebLink About20141368.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SALE OF PERMANENT EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF PIPELINES AND EASEMENT DEED OF DEDICATION, AND AUTHORIZE CHAIR TO SIGN - DCP MIDSTREAM, 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 an Agreement for the Sale of Permanent Easement for the Installation and Maintenance of Pipelines and Easement Deed of Dedication, 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 DCP Midstream, LP, 370 17th Street, Suite 2500, Denver, Colorado 80631, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement and easement deed of dedication, copies of which are 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 Agreement for the Sale of Permanent Easement for the Installation and Maintenance of Pipelines and Easement Deed of Dedication, 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 DCP Midstream, 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 and easement deed of dedication. rpoit.ckaGi�eorn 6199 2014-1368 EG0070 AGREEMENT FOR SALE OF PERMANENT EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF PIPELINES AND EASEMENT DEED OF DEDICATION - DCP MIDSTREAM, LP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D., 2014. BOARD OF COUNTY COMMISSIONERS • WELD COUNTY, /COLORADO ATTEST: d. r�/__•a • - �[S/vw-c� Cam` `�" ougl s Rade acher, hair Weld County Clerk to the Board rbar meyer,rro-Tem BC-1- 8.4\Q l rk - 9-P �c� De u Clerk to the Board Sean P. Conway APP 3 TO - Mike Fr an oun Attorney ossal��a, iair r. Garcia Date of signature: —//,gp_ 111, , �l t 2014-1368 EG0070 AGREEMENT FOR THE SALE OF PERMANENT EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF PIPELINES TO DCP MIDSTREAM, LP BY WELD COUNTY, COLORADO M THIS AGREEMENT is made this .Jr day of ,2014,by and between 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"Grantor", and DCP MIDSTREAM,LP,a Delaware limited partnership,with Colorado offices at 370 17th Street, Suite 2500, Denver, CO 80202, hereinafter referred to as "Grantee". WITNESSETH: WHEREAS, Grantor owns real property described in the attached Exhibit "A" (the "Property"), and WHEREAS, Grantee owns and operates a 3-inch gathering line located on the Property pursuant to that certain grant of easement dated January 23, 1986 and recorded at Book 1 114 and Reception No. 02055529 in the real property records of the Weld County Clerk and Recorder(the "3-inch Line Easement"); and WHEREAS, said grant of easement was defective, as the grantor under that grant had no ownership rights in the Property, and WHEREAS,Grantee finds it necessary to acquire a permanent exclusive easement,thirty feet (30')in width to be located on the Property to accommodate the installation,operation,maintenance, repair, and/of future replacement and/or relocation of a new 8-inch natural gas pipeline and the 3- inch gathering line,hereinafter referred to as the"Easement." (The Easement is more fully described on Exhibits B and C, copies of which are attached hereto and by this reference made a part hereof), and WHEREAS, Grantor is willing to transfer an easement sufficient to accommodate the pre- existing 3-inch gathering line and the 8-inch natural gas pipeline, and WHEREAS, Grantor agrees to cooperate with Grantee in the installation of the pipelines within the Easement, NOW, THEREFORE, the parties herein agree as follows: GRANTOR'S RIGHTS AND RESPONSIBILITIES: 1. Grantor agrees to sell and Grantee agrees to purchase the Easement,which is Thirty(30')feet in width, and a temporary construction easement Seventy-Five(75')feet in width(37 %feet on each side of the centerline of the permanent easement)as more particularly shown and/or described on Exhibits B and C), to accommodate the installation, operation, maintenance, repair, replacement and/or relocation of two oil/gas pipelines, and for its daily operation, access and maintenance, for the sum of Fifteen Thousand Ninety-Eight and 80/100 Dollars, DCP Agreement for Purchase^f n^....c^"^^^« Page 1 4017265 Pages: 1 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Morena. Clerk and Recorder, Weld County. CO �IIIM��1tU?Lati'I�h'If}:F�tilu,'NtiIL'R�{�K}��,� 1IIII o7aiy�1�68 ($15,098.80). The parties acknowledge and agree that said purchase price represents full,fair and valuable consideration. 2. Grantor agrees to grant the Easement to Grantee by Permanent Easement Deed,subject to the current uses of the property, including all existing easements, rights of way for irrigation ditches and laterals, and all other grants and reservations of record. 3. Grantor agrees not to erect or construct any building or other structure on the property described in Exhibit A which may interfere with Grantee's full enjoyment of the rights granted in this Agreement. 4. Grantor shall retain the mineral estate associated with the Easement interests, and shall also retain any water rights currently attached to or associated with said Easement. 5. Grantor shall deliver the fully executed Permanent Easement Deed to Grantee following the recording of the Weld County Board of County Commissioners' Resolution approving the Agreement and Deed, and the Agreement and Deed with Weld County Clerk and Recorder. GRANTEE'S RIGHTS AND RESPONSIBILITIES: I. Grantee shall pay for the cost of obtaining title insurance if Grantee desires to obtain title insurance for the Easement. 2. Grantee acknowledges that Grantor's Property and the Easement granted herein lie within an area which has been fenced by the City of Greeley, and which is currently being used by the City of Greeley and its employees, agents, and invitees; therefore, Grantee further acknowledges and agrees that Grantee,and not Grantor,must assume complete responsibility for the enforcement of the terms of this Agreement and the rights granted to it pursuant to the Permanent Easement Deed. 3. Grantee agrees to City of Greeley and Grantor's continued reasonable use and enjoyment of the property upon which the Easement sits, as long as such use and enjoyment do not interfere with Grantee's use and enjoyment of the Easement in accordance with the terms of this Agreement. 4. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted permanent and temporary easement. 5. Grantee agrees to reclaim that portion of the Property 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, the temporary construction easement shall terminate. 6. Grantee shall pay Grantor for the Permanent Easement within ten(10)days of the Grantor's execution of this Agreement. DCP Agreement for Purchase of Pen Page 2 4017265 Pages: 2 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County: CO VIII k�r1�i4ZKI 'I+1'4°itErLii rL'Jit'�rFI��:Y4 k �I III 7. Grantee specifically acknowledges and agrees that the Easement is intended to accommodate both the existing 3-inch gathering pipeline and a proposed 8-inch pipeline both of which will be used 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 more fully described in Exhibits A and B. 8. Grantee agrees that it is subject to specific Federal, State and local statutory and regulatory requirements which relate to the installation of the pipelines described above, and agrees to abide by all such requirements. 9. Prior to the installation of the 8-inch pipeline, Grantee agrees to contact the Utility Notification Center of Colorado to obtain information concerning the placement of all pre- existing underground facilities prior to construction. 10. To the extent permitted by law, Grantee agrees that it shall indemnify, hold harmless and defend Grantor,its elected officials,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 8-inch and/or 3-inch pipelines. Grantee's 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. MISCELLANEOUS 1. Following the transfer of title, it is expressly agreed by the parties hereto that Grantee, its contractors, agents, employees and all others deemed necessary by Grantee, shall have the irrevocable right to possess and use said Permanent Easement for the purposes of the installation, operation, maintenance, repair, replacement and/or relocation of two oil/gas pipelines, and for its daily operation, access and maintenance. This conveyance shall be deemed to include sufficient land for the construction, operation, access, repair and maintenance of said project,including the rights of entry upon,passage over,and deposit of excavated earth, and storage of material and machinery upon such Permanent Easement as may be useful and necessary. 2. This Agreement and the transfer of the Permanent Easement made pursuant to the terms herein, shall be binding upon and shall inure to the benefit of and be enforceable by the Grantor and Grantee and their 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 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 DCP Agreement for Purrhaca of Porrn Pvcoroont Page 3 4017265 Pages: 3 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO lilt M!�1R'�tlira�f4'WYiti'I�',4M��r�rsr ci Hill 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 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. 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 whereof other than as contained herein. 8. This transaction shall be governed by and constructed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. DCP MIDSTREAM, LP By: , -� ✓ Lewis D. Hagenlock Title: Attorney in Fact BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ��ii C�.ad/Sai1/ JULo;ok. 12=3 oert s ademache , Chair MAY 0 5 2014 Weld County Clerk to the Boardt I1/42 ary BY-d' dAl 1X l D puty Clerk to the Board DCP Agreement for Purch '^ ---- "------ Page 4 4017265 Pages: 4 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County. CO ■III l4i�1�YZlifi'Ifs:i �'��I+��'��l4'��I':f1lriCF'11igju�, ■I III aD/y/368 EXHIBIT A (LEGAL DESCRIPTION OF WELD COUNTY PROPERTY) A strip of land eighty (80) feet in width lying immediately North parallel and adjacent to the right of way of Colorado and Southern Railway Company commencing at a point where said right of way intersects the North line of the Southwest quarter of the Southwest quarter (SW'/ SW/) of Section Thirty-six (36) Township Six (6) North, of Range Sixty-six (66) West of the Sixth P.M. in Weld County, Colorado Subject to rights of way for irrigation ditches and laterals. 4017265 Pages: 5 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County. CO ■III ,A�ti ,lirehEdJarktagilllh'. UiviiiIIIII EXHIBIT B WELD COUNTY EASEMENT A strip 30 feet wide in that parcel described in DEED recorded December 24, 1934 at Reception No. 703330 of the Weld County records, located in the northwest one-quarter of the southwest one-quarter (NW1/4 SW1/4) of Section 36, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. The strip shall lie 15.00 feet on each side of the following described centerline: BEGINNING at the point of intersection of the south line of the northwest one-quarter of the southwest one-quarter (NW1/4 SW14) of said Section 36 and a line which is 15.00 feet north of, distant to and parallel with the south line of that parcel described in DEED recorded December 24, 1934 at Reception No. 703330 of the Weld County records, from which the center-south one-sixteenth corner of said Section 36, a 3-1/4 inch aluminum cap stamped PLS 10855, bears N 89°39'05" E a distance of 1460.13 feet; Thence N 73°46'23" W, along said distant and parallel line, a distance of 1209.61 feet to the west line of said Section 36 and the POINT OF TERMINUS from which the south one-sixteenth corner common to Section 35 and said Section 36, a 2-1/2 inch aluminum cap stamped PLS 31169, bears S 00°05'23" W a distance of 345.08 feet. The sidelines of said strip shall be extended or shortened as necessary to begin on the south line of the northwest one-quarter of the southwest one-quarter (NW1/4 SW14) of said Section 36 and end on the west line of said Section 36. The strip contains an area of 0.833 acres more or less. BASIS OF BEARINGS: A line monumented by a 2-1/2 inch aluminum cap stamped PLS 31169 at the south one-sixteenth corner common to Section 35 and Section 36 T6N R66W 6th PM and a 3-1/4 inch aluminum cap stamped PLS 10855 at the center-south one- sixteenth corner of said Section 36, bears N 89°39'05"E a distance of 2622.11 feet, with all bearings contained herein relative thereto. GP ,.•BEG/Q, ST,lrl, i • o'eV' ' •`` •(O'tl l4 g • e- .s s 37068 :; „0 3-2y-/ '±w; } y ,.,•S s Prepared by. Paul A.Valdez PLS 37068 For and on behalf of Acklam,Inc. 195 Telluride Street,Suite 7 Brighton,CO 80601 1 of 2 4017265 Pages: 6 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County., CO ■III POW11 Win LA},h+' IN,W'l,f rlirMi++ILII, ■I III n 4L \ NLFM 3�V Q21CZ N I J O / • d O N I inO z0 N t (3nV HiSZ •a w 1VD ��2 iii , v .•'�O� a o w r n% z 0 3 to - to p / w// U > I--- 7 ! I • 4 m 0- o / 3nV RISE' D; / W M Q N co r Z U co lir p cez X 01 z a 0 0 ooh j 3 aw— w x 2:yUjQo_ I I S o p Li - II- z ED CC Lai UI I-i x J a L.LJ LO U W J III [ a o a oi- W 2 O - I E 5 z ON `CD U (0 a' c W ct J- o F U w _�I N CC w F JZw f ! V) Q< O in Z � .JZLL ° W J Li; U J "Up ca.) F- 0 22 LT: pQK�I I I'' NO � N no o0-0 / ; �: al ow we WO I, , //II 1 U l! /v, o'OZ Mk-CC / �� Y '/ O W z I , /: lI w / : / II 1:1 occ 2 / =� =2w / Nza / i w ro / ILc _ . o vi / I oct w 3 / C Q_ � w / U� a N (0 / F- (/) w C O to ai / N j� t : i o I' • QZ O N / , (Ccz t ) .. •ty' CC O 14 N I- CL z / W w m ;i C,_ I � Z (l fl I ino Lott L, v: o O >- M / OU Cl) n :- w n I M< W >- O E'. E _ o Q 0 `- U in Z Q O 1t o / I W ot E.a, c Do L, I 0 O Eo w3 2 / `• ' u4 2 I so Y. • E z re)� QOF N / 0 'I u.F E'' 2\JN W / - ' KWU 0n aw O3�3� a�, E,yap aw in0 L CDM <en U oi: / \U`n UI W .J W W N2 .._.. .. .. ...._. ,805bC - _... '- 's.rn ... 06£b£LE___. ' _. SE NOM/3AV HISCN __. m IWI 7 otowz N QP an 2 o cc • z r HI . z . f. a nl ci is; Z .-2 aN n o r>V, I 4017265 Pages: 7 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO 11IIIMlralU?Ili 'N+r:Ifs,kbi1lillifialTillitlis'ti like, 1IIII EXHIBIT C WELD COUNTY EASEMENT A strip 30 feet wide in that parcel described in DEED recorded December 24. 1934 at Reception No. 703330 of the Weld County records, located in the northwest one-quarter of the southwest one-quarter (NW1/4 SW1/4) of Section 36, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. The strip shall lie 15.00 feet on each side of the following described centerline: BEGINNING at a point on the south line of the northwest one-quarter of the southwest one-quarter(NW1/4 SW14) of said Section 36 from which the center-south one-sixteenth corner of said Section 36. a 3-1/4 inch aluminum cap stamped PLS 10855, bears N 89°39'05" E a distance of 1416.14 feet; Thence N 47°40'07" W a distance of 81.21 feet; Thence N 86°30'22" W a distance of 219.06 feet to the POINT OF TERMINUS from which the south one-sixteenth corner common to Section 35 and said Section 36, a 2-1/2 inch aluminum cap stamped PLS 31169, bears S 85°21'1 1" W a distance of 930.33 feet. The sidelines of said strip shall be extended or shortened as necessary to begin on the south line of the northwest one-quarter of the southwest one-quarter (NWl/4 SWI4) of said Section 36. The strip contains an area of 0.207 acres more or less. BASIS OF BEARINGS: A line nlonunlented by a 2-1/2 inch aluminum cap stamped PLS 31169 at the south one-sixteenth corner connnon to Section 35 and Section 36 T6NR66W 6th PM and a 3-1/4 inch aluminum cap stamped PLS 10855 at the center-south one- sixteenth corner of said Section 36, hears N 89°39'05"E a distance of 2622.11 feet, with all bearings contained herein relative thereto. 1p: R EG, %l! :4 Van f t : 37068 • � % :z -2y •/ ± 1 • Prepared by. Paul A.Valdez PLS 37068 l or and on behalf or Acklam,Inc. 195 Telluride Street,Suite 7 Brighton,CO StlntI I of 2 4017265 Pages: 8 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ��KflirtnrOCIOllthid.l144rlittlidLi11111 ( :. ; 2t o LC a0M _ % ( •- 7. v aacz o0 w' CO I a a No .. LL C3 ¢ . p N Jj o p o / � ., :a , ,, Z N . ' > L M Nn 4/' w m t (-3nv r+isz o_ w l�t...••0I O • : �O i la_ Lu J w CD MPP Ote 0 iii o v, \ R o W i O p 3 N N W 0 W O / � H _m 3AV HISC ft ain �H o m �z Uo i ! O Z � X a �a_,u, i I a � I ( I 2 / ,O W J Ja ' S M < CID w > in I t' Z ,o Z (N W b w v, w n j x J _ Cr 7 I o a a m a Z : II : z o I- o \ OD LT - i tD Z N tp n Li LO 3 1D E m II LA J < cc - ' U VI LLI f N F Iw/1 K 1- I�•. Q W ¢LI z0LLO Of < O W W OW U \ SOU Q F p Q ttrS am • in O E 0 0Z L<0 /% m[ 20 EE Z ow w- WO z " ONia...Mill d'IJZY,FCL w N_ 1.. i Li f V. COf Ii I 13 I r7 z :I I, {� 1 Mufti I In 1 ce O Iy O O h . -_ w a0 z a U_ , E c~i Cr) I I o.'“•,--) i i i-- - az (oz H.as / Nn W m E Q ce �- o NO W a J 3/1 Iot, � O I- wM, Inv w >- O r Z 0 O ao I mm 3 �:1' vE E o U z z Q O o W K J C_ D °OC f j L O __ "o Ill W t Y3 w Z ••W a I o u p I n UZi m m ,iE . _ K V X G� w N1 a F W W v) w w Z U U J[ cc\J Lo b Ona3 .. I .� 0 W Mco0 � -o LE. L`e 0-,..=.- „_ �' as aW V, 0 _ ,o r, QM> . U �J Wrl it \WNJ , a) I. O6'£4£l... 3 „£Z 50.00 N ..S i1 .-__.-5E 0M/'3w H19E N _._ 1° oar wi r cEv� C WI J T„� '^� — Z a7-r.i±--a .z C N J(V ,n o LL nV, 4017265 Pages: 9 of 9 05/20/2014 12:32 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO Mill PI'ridriC i i'i i Iii II III EASEMENT DEED OF DEDICATION THIS DEED, made this S day of 4-1,2014,by and between 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"Grantor",and DCP MIDSTREAM, LP,a Delaware limited partnership,with Colorado offices at 370 17th Street, Suite 2500, Denver, CO 80202, hereinafter referred to as "Grantee". Pursuant to an Agreement dated April ,2014, Grantor,for and inconsideration of the sum of Fifteen Thousand Ninety-Eight and 80/100 Dollars, ($15,098.80), the receipt and sufficiency of which is hereby acknowledged, does, hereby dedicate and convey forever unto Grantee and Grantees' successors and assigns, a perpetual access easement, (hereinafter referred to as the "Easement"), for the installation, operation,maintenance,repair, replacement and/or relocation of two oil/gas pipelines,and for the daily operation,access and maintenance thereof,over Grantor's real property situate, lying, and being in the County of Weld, and State of Colorado, and described as follows: See attached "Exhibit A" and "Exhibit B", both of which are attached hereto and by this reference are incorporated herein and made a part hereof. Grantees, at Grantees' expense, have constructed a three inch (3')pipeline in the Easement and shall have the right to construct an eight inch(8') pipeline in said Easement, and shall have the right to operate, use, maintain, and repair said oil/gas pipelines within the Easement and shall have reasonable access thereto. The Easement shall inure to the benefit of Grantees' successors and assigns, subject to the conditions set forth herein. All costs associated with the Easement, including surveying, seeding, construction, repair, maintenance, and snow removal, shall be borne by Grantees. Grantees' use of the Easement shall not be exclusive, but will be shared with Grantor as needed by Grantor. Grantor and Grantor's successors, assigns, guests, and invitees shall have an equal right to the use of the surface area of the Easement, subject to Grantees' use thereof, and subject to the proviso that any increased costs of repair and maintenance caused by such use shall be borne by the party using the Easement. Grantor agrees not to erect or construct any building or other structure with the Easement which may interfere with Grantee's full enjoyment of the Easement. Grantee shall have the right to clear all trees, undergrowth and other obstructions within the Easement. 4018539 Pages: 1 of 5 05/27/2014 10:44 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■III IV1h'ITAti'NI'IlidI N1'IWilli ■IIII Easement Deed: Weld County to DCP Page 1 40 tiL4 ` • Re.� r The mineral estate under said property,including oil,gas and any and all other minerals and all water rights currently attached to or associated with the Easement are hereby specifically reserved unto Grantor, except as required to sustain the integrity of the Easement. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. Dated this S — day of ✓'/Q1, , 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (I ATTEST: d. w ;� ` Lrs Vrec12v�2ct _ !�g1a Rademachef¢, _Garcia, hair S MAY 05 2014 Weld County Clerk to the Board I �vtryS BY• V1 a IllYkd 1861 ,0 1/42 Deputy Clerk to the Board . STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this5th day of 2014, by Douglas Rademacher,Chair,Board of County Commissioners of the County of 1d,State of Colorado. Witness my hand and official seal. g y RAFAELA ALICIA MARTINEZ NOTARY PUBLIC STATE OF COLORADO Act NOTARY ID 20144002878 N tart' Public mD f� MY COMMISSION WIRES JANUARY 2Z 2018 ©3S. My commission expires: C_ J 9,2, aoie v LLo- N a v v"J 01¢m1-J s Easement Deed: Weld County to DCP Page 2 acv Bo CO 1 Nm� I mNv- Goiy-/3G8 vm,h,• EXHIBIT A (LEGAL DESCRIPTION OF WELD COUNTY PROPERTY) A strip of land eighty (80) feet in width lying immediately North parallel and adjacent to the right of way of Colorado and Southern Railway Company commencing at a point where said right of way intersects the North line of the Southwest quarter of the Southwest quarter (SW'/ SWY) of Section Thirty-six (36) Township Six (6) North, of Range Sixty-six (66) West of the Sixth P.M. in Weld County, Colorado Subject to rights of way for irrigation ditches and laterals. 4018539 Pages: 3 of 5 05/27/2014 10:44 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO '110!I III III jIIII EXHIBIT B WELD COUNTY EASEMENT A strip 30 feet wide in that parcel described in DEED recorded December 24, 1934 at Reception No. 703330 of the Weld County records, located in the northwest one-quarter of the southwest one-quarter (NW1/4 SW1/4) of Section 36, Township 6 North, Range 66 West of the Sixth Principal Meridian, County of Weld, State of Colorado. The strip shall lie 15.00 feet on each side of the following described centerline: BEGINNING at the point of intersection of the south line of the northwest one-quarter of the southwest one-quarter (NW1/4 SW14) of said Section 36 and a line which is 15.00 feet north of, distant to and parallel with the south line of that parcel described in DEED recorded December 24, 1934 at Reception No. 703330 of the Weld County records, from which the center-south one-sixteenth corner of said Section 36, a 3-1/4 inch aluminum cap stamped PLS 10855, bears N 89°39'05" E a distance of 1460.13 feet; Thence N 73°46'23" W, along said distant and parallel line, a distance of 1209.61 feet to the west line of said Section 36 and the POINT OF TERMINUS from which the south one-sixteenth corner common to Section 35 and said Section 36, a 2-1/2 inch aluminum cap stamped PLS 31169, bears S 00°05'23" W a distance of 345.08 feet. The sidelines of said strip shall be extended or shortened as necessary to begin on the south line of the northwest one-quarter of the southwest one-quarter (NW1/4 SW14) of said Section 36 and end on the west line of said Section 36. The strip contains an area of 0.833 acres more or less. BASIS OF BEARINGS: A line monumented by a 2-1/2 inch aluminum cap stamped PLS 31169 at the south one-sixteenth corner common to Section 35 and Section 36 T6N R66W 6th PM and a 3-1/4 inch aluminum cap stamped PLS 10855 at the center-south one- sixteenth corner of said Section 36, bears N 89°39'05"E a distance of 2622.11 feet, with all bearings contained herein relative thereto. t•• REGts�,,' :4 e" �i x 37068 t. 3-2 y-/ 14, . .. .. •• J . t, �"L M49 4018539 Pages: 4 of 5 05/27/2014 10:44 RM R Fee:$0.00 Steve Moreno, Clerk and Recorlder, W ell d County. C01 ■III Ml�1�NTMl�'I�4,IiitiL'�uN+},ik,IN � V „1 l� 11111 ( —Z--IIIMIlfl LE ELM ---- 3nv aacz _ °i •. ... 1: ;1 ≥) No¢ o W cn ,-oa o b O:1 o N 0 3 in p F� 4 4 H- 3 J / JAY HEW I /- w n ¢�n !(�.." Z Omit, Q a. ¢z o_ ( I; z x a - CD Naa r o 0 Z n k' — o 0 z W UI an X J a CC W Z U ei it CE ozs ui Z a O a O H z a o :I - N A W ? CDP- E co w N N w n Z in ec ct 0 rz w c v O w N i- w F Jzin � i 4 w 0 nut U � 000 �- a Mw_' � � p Q }2 / it • N 0 N wZ w act , I f m_ 1 M M / il E w tcj o list: as ti73 ¢in3 Ea ow w. wo / 7I• K p Z M l 1. !. r/� V ui. I I /: 11 a J I / E I / • II �F-z / I. z / I � U-Lt 0 w M M w / N UJ l �U� / l U LIm l o to F / O Zco a Z w / I �. U � VI N /m H �� On r o / 4. Q a raj r- No / (O 'z 0, t, Ct O / N E Z I. (0..� W cO - S CI' I f l o 'n / in OL% li J f 7 i i� J- �M / m� � � f t o h_. I.- w n N) W > O V E Q^ m'_ Jr _33O s.. �n / _In � Z F- O 'J.1 LID 7 / i w o : w a wW I/ \._\ I U E J / I� 4 2 u a pLI O , Z U CC o o w x / o w ^a a ww w o o u�i �� / :/' f l o wom � TF too On ¢ w / I ON,_ _' Ev,v inJr. Ti �, o o °o \w'n• a Conan u , - 0O ma: + �u'ut v / — _ I WWria S _.... _.._. .._. d _.. .._.._ 90'SbP — o .m .._. • SE 2J0NJ 3AV H1SE N - .T gm n a I- / — — — — ot9ws - c V 3 w 3 0 H o CL Ii➢ 5N`za a N ILL z - _ nrvmvnin 4018539 Pages: 5 of 5 05/27/2014 10:44 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO "III li,IrdrifthilMiLIKL 1,91KF1ht ty!if iu,ilyi, II III` MEMORANDUM DATE: April 25,2014 JJJ I' G O U N T Y TO: Board of County Commissioners, Bruce Barker, Don Warden, Jay McDonald, Leon Sievers FR: Stephanie Arries, Assistant Weld County Attorney RE: DCP Purchase of Pipeline Easement from Weld Co DCP MIDSTREAM, LP, has offered to purchase an easement from Weld County in order to install an 8 inch pipeline. The property in which the easement would be granted lies within a tract which is surrounded by roads and by property owned by the city of Greeley. The area is actually fenced in with the land owned by the City. Some time ago (date unknown), DCP acquired an easement within this same area for the installation of a 3 inch gathering line. Apparently, at the time of the acquisition of the easement for the gathering line, DCP and City of Greeley believed the property belonged to Greeley, and Greeley authorized the installation. Prior to this acquisition, the error was discovered and the ownership issue has been correctly resolved. The eight (8) inch pipeline will run roughly parallel to the existing three (3) inch gathering line. (See attached Exhibits) The City primarily uses this property, and that use is minimal, (it is essentially empty space), so the easement will not interfere with any current use. Additionally, the County also has no future plans for the use of the property. The price offered by DPC for the purchase of the easement, (Fifteen Thousand Ninety-Eight and 80/100 Dollars, $15,098.80), has been reviewed by Leon Sievers in the Public Works Department and has been found to be fair and adequate. A sheet is attached from the attorney, Patrick Groom, which sets forth the calculations. Recommendation: Approve the sale of the easement. Approve Schedule Recommendation Work Session Other/Comments: Douglas Rademacher, Chair Barbara Kirkmeyer, Pro-Tem Sean P. Conway Mike Freeman William F. Garcia 2014-1368 Stephanie: the total linear feet is shown on each map Exhibit B: 1209.61 Exhibit C: 300.27 Total: 1,509.88 x 10= $15,098.80 I _ _ Hello