HomeMy WebLinkAboutC01-271 Grant of Easement to Kinder Morgan1
770889 --
Page: I of 7
I 10/26/2001 01 :43P'
Sara J Fisher Eagle, CO 173 R 0.00 D 0.00
For valuable consideration, Board of County Commissioners, County of Eagle, State of Colorado,
Grantor, of Eagle, Colorado, grants, sells and conveys to Kinder Morgan, Inc., a Kansas Corporation,
Grantee, of P.O. Box 281304, Lakewood, CO 80228, its successors and assigns, a fifteen foot
(15'.0 ") easement for the purposes of laying, constructing, operation, inspecting, maintainir?.
repairing, replacing, substitut: s ®, relocating and removing a pipeline 6 inches in diameter for'x°
transportation of natural gas at a location and on a route shown on Exhibit "A" attached hereto an
incorporated herein by this reference ( "easement ") which is a part of the property commonly know i
as the Eagle County Fairgrounds, Eagle County, Colorado ( "premises ").
The rights granted in this agreement shall be possessed and enjoyed by Grantee, its successors and
assigns, so long as the pipeline and appurtenances constructed pursuant to this agreement shall be
maintained and operated by Grantee, its successors or assigns.
Grantor reserves the right to use and enjoy the premises to the fullest possible extent without
unreasonable interference with the exercise by Grantee of the right granted in this agreement.
Without limiting the foregoing, Grantor reserves the right to fence the whole or any part of the
boundaries of the easement, to build fences crossing the easement, and to place along, across, over
and through the easement as many roads, streets, sidewalks, passageways, electric and power lines,
waterlines, sewer lines, gas lines, telephone poles, telephone lines and other utilities as Grantor may
desire subject only to the right of Grantee to use the same for purposes herein granted.
Grantee agrees to bury its pipeline and all appurtenances to a depth that is sufficient to avoid any
interference with recreation uses or drainage of the premises. Grantee agrees to restore any disturbed
surface on the premises to its condition prior to Grantee's disturbance of it. After the installation of
any pipeline on the easement, and after the abandonment or other termination of this grant for any
reason, grantee shall remove all pipe and other properly placed on the premises by or for grantee, fill
and level all ditches, ruts, and depressions caused by construction or removal operations, remove all
debris remove all stakes and posts and generally restore the surface of the premises as near to its
original condition as may be possible, all within a reasonable time after the installation of the
pipeline or the abandonment or other termination of this grant.
Grantee shall have no right to locate any surface installation on any part of the easement, or to
fence the whole or any part of the fight -of -way.
Grantee shall have the right to place only one pipeline in the right -of -way.
The Grantor reserves the right to move the easement, and to require the Grantee to remove
and re- locate the pipeline, and restore the original easement to its condition preceding the relocation,
at the Grantee's expense, upon reasonable notice.
770888
Sara J Fisher Eagle, CO I 173 10/26/2001 01 :43P
R 0.00 D 0.00
Grantee shall be fully liable for all injuries to persons or damage to property resulting from the
construction, maintenance, operation or removal of its pipeline over and across the easement, and
shall hold harmless county and its commissioners, boards, employees, agents and insurers, from any
and all claims, suits, costs, losses and expenses that may in any manner result from or arise out of
the laying, maintenance, renewal, repair, use or existence of anypipeline constructed pursuant to this
instrument, including the breaking of the pipeline or the leaking of any substance from. the pipeline.
The easement granted by this agreement is non - exclusive and Grantor reserves the right to use for
itself and to grant for others rights -of -way over, across or through the easement herein granted,
provided that they do not interfere with Grantee's pipeline.
Grantee and its employees and agents shall at all times have free access over the premises to the
easement, using such reasonable route as Grantor may designate or approve for any and all purposes
necessary or convenient to the exercise by Grantee of the rights granted by this agreement.
This grant covers all of the agreements between the parties and no representations or statements,
verbal or written, have been made modifying, adding to, or changing the terms of this Agreement.
This easement and right -of -way and all provisions hereof shall inure to the benefit of and be
binding upon the parties, their successors and assigns.
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK
2
770889
Page: 3 of 7
10126/2001 01:43P
Sara J Fisher Eagle; CO 173 R 0.00 D 0.00
IN WITNESS WHEREOF, GRANTOR s executed this Right -of -Way and Easement this
�y of , 2001.
Commissioners
KINDER GAN INC ,
BY:
Trims _K. ,water, presentative
STATE OF Colorado )
) SS.
COUNTY OF Eagle I
COUNTY OF EAGLE, STATE
OF COLORADO, By and
�Iirough Its BOARD OF
COUNTY COMMISSIONERS
to Chair ��" i�IVr>�L C , 6 0-- C_ Lys r
rVA
The foregoing instrument, was acknowledged before me by - �. G c:c :c-as Chairman and
�� ����� aslrk tb the Board of County Commissioners of the C,
Eagle, State of Colorado, this_' 1- ay of (C 0 ,200th.
My commission expires: 1" r -z -
„�`LAU't _ b
Notary Public
STATE OF Colorado I
) SS.
COUNTY OF Jefferson )
The foregoing instrument was acknowledged before me by Timothy K. Atwater as
Representative of Kinder Morgan, Inc., this_ day of 0 CA-0�> .< <- , 2009'. 1
My commission expires: --10o
G:11?ara1ega1\Easements\KN fairgrds eas=t.wpd Notary Public
3 THOMAS H. TRIPP
NOTARY PUBLIC, STATE OF COLORADO
0
n
U
Jmm
.. m
W ❑ x
N
O
00 T
N
-03 ❑
N01)
❑ (D LO
Ol
�❑ ❑
O
N C
(JI
rt
'D
N
W
0,
N
J
N
O
N
In -0
D
W
N
CD
r) _'
O
O rt
O
W
O
0 7'
D
(
z
(D
I�1--
m
'
3
_.
Page: 4 of 7
i
C7
N (TIE)
i
i
i
1 r
1
1
1
1
10/26/2001 01:43P'
Sara J Fisher Eagle, CO
173
R 0.00 D 0.00
—1 N
O �
n D
'c
;' 3
Nc
3
n
A
W
�n
0
m
C"
m n N
W 0
N
N D
-r c
0'3
n
"c
N3
-� 0
Z3 m
CL n O
N O
7
n
A
0
cil
W co
w 0-
V.
Wo
0
.9
m
m
n
0
Z
C?
1 -1
D Z
EA
rn
Z J
M
f7 �
m
Z T
M
� O
2
M
D
I
1a V2n
wO 0 0
(1 a 3
H
td
H
H
a
L J
Cn
�u
C
.. m
� O
N
O
C
N�
C
S
A VA1
N
m
N
O
N
V
770888
�O
N
f
O
0 7'
'
O
N �
m
'
3
Page: 4 of 7
J
D
I
1a V2n
wO 0 0
(1 a 3
H
td
H
H
a
L J
Cn
�u
C
.. m
� O
N�
C
p
A VA1
'r2 -4 N)
m
770888
Page: 4 of 7
10/26/2001 01:43P'
Sara J Fisher Eagle, CO
173
R 0.00 D 0.00
Johnson, Kunke & AsEociates, Inc.
CIVIL ENGINEERING • LAND PLANK IG • SURVEYING • MAPPING
LEGAL DESCRIPTION
EASEMENT
An easement, over a strip of land fifteen (15) feet wide, over certain parcels of land as
described in Book 570 Page 593, Book 165 Page 333 and Book 221 Page 328, all being
on file at the office of Eagle County Clerk and Recorder, being located in portions of
G.L.O. Tract 67, T5S, R84W, ry:, P.M. and G.L.O. Tracts 46D and 51, T4S, R84W, 6th
P.M., in the County of Eagle, State of Colorado, according to the Independent Resurvey
of said Townships as accepted by the U.S. Surveyor General's Office on June 20, 1922,
the centerline of said easement being partitioned into Section 1 and Section 2 and
described as follows:
Section 1
Commencing at a 2 %2 inch diameter Aluminum cap marked for corner 5 of Tract 51,
T5S, R84W, 6`h P.M. from where a 2 inch diameter Aluminum cap marked for corner 6
of Tract 51, T5S, R84W of the 6th P.M. bears S87 °05' 13 "W 2641.55 feet, with all
bearings contained herein being relative thereto; thence S15 °27'54 "W 253.84 feet to the
Point of Beginning for Section 1; said Point of Beginning being on the centerline
terminus of a existing utility easement as described in Book 738 at Page 857 on file at
said office; thence along the following eight (8) courses:
1) N85 °55'03 "E 144.28 feet;
2) N73 °39'52 "E 395.12 feet; 770889
3) N48-57'1 7E 386.36 feet; Page: 5 of 7
4) N29 °28'07 "W 1090.75 feet; 10/26/2001 01:43P
5) N60 °24'06 "E 102.26 feet; Sara J Fisher Eagle, co 173 R 0.00 D 0.00
6) N86 °01' 19 "E 13.25 feet;
7) S59°34'00 "E 38.18 feet;
8) N79-55'1 0"E 302.06 feet;
To a point being 7.50 feet south from the Southwest corner of Parcel 1 of Chambers
Rural Homesites Subdivision as recorded in Plat Book 375 Page 681 at said office;
thence 7.50 feet south of and parallel with the southerly boundary of said Parcel 1 the
following four (4) courses:
1) N71 -00'00"E 104.85 feet;
2) S78° 12'37"E 116.66 feet;
3) S87 °21'54 "E 111.80 feet;
4) N81-28'1 6"E 56.39 feet;
To a point being 7.50 feet south of a corner common to the Southeast comer of said
Parcel 1 and the Southeast comer of the Ross Chambers Parcel as recorded in Plat Book
435 Page 529 at said office; thence 7.50 feet south of and parallel with the southerly line
of said Ross Chambers Parcel N75 °16'30 "E 347.16 feet to a point from where corner 3
of said Tract 67 bears N48 °50'06 "W 9.08 feet; thence departing said southerly line of
the Ross Chambers Parcel and continuing the following four (4) courses:
1) N06-5 1'06"E 136.51 feet;
2) N22-23'3 I "E 102.51 feet;
P.O. Box 409 • 1286 Chambers Ave. • Suite 200 Eagle. Colorado 81631 • Phone (970) 328 -6368 • Fax: (970) 328 -1035
P.O. Box 771 196 • 1 120 So. Lincoln Ave. • Suite 202 Steamboat Springs, CO 80477 • Phone: (970) 879 -4676 • Fax. (970) 879 -4870
3) N41 °20'13 "E 38.74 feet;
4) N57 °40'23 "E 48.98 feet;
To a point 7.50 feet South from the Southerly Right -of -Way line of Interstate 70 and the
beginning of a non - tangent curve; thence 7.50 feet south of and parallel with said Right -
of -Way line the following four (4) courses:
1) 285.39 feet along the arc of a curve to the left having a radius of 1982.50 feet, central
angle of 8 °14'52 ", tangent of 142.94 feet and a chord of 285.14 feet which bears
N68 °4:'' 10 "E;
2) N60-42'11"E 121.31 feet to the beginning of anon-tangent curve;
3) 275.01 feet along the arc of a curve to the left having a radius of 2092.50 feet, central
angle of 7°31'49 ", tangent of 137.70 feet and a chord of 274.81 feet which bears
N57 °28'22 "E;
4) N50 °39'11 "E 309.70 feet;
Thence leaving said Southerly Right -of -Way line and along the following two (2) courses
1) N51 °41' 15 "E 232.10 feet;
2) N46 °31'53 "E 239.06 feet;
To the terminus of Section 1 at the intersection of said Southerly Right -of -Way line of
Interstate 70; the sidelines of said strip easement to be shortened or lengthened to
terminate at said Southerly Right -of -Way line and the sidelines of said existing utility
easement.
Section 2
Commencing at a 2 '/z inch diameter Aluminum cap marked for corner 5 of Tract 51,
TSS, R84W, 6th P.M. from where a 2 inch diameter Aluminum cap marked for corner 6
of Tract 51, TSS, R84W of the 6th P.M. bears S87 °05' 13 "W 2641.55 feet, with all
bearings contained herein being relative thereto; thence Nl 1 °00'43 "E 1100.35 feet to
the Point of Beginning for Section 2; said Point of Beginning being on the centerline
angle point of said Segment 1; thence along the following twelve (12) courses
1) S67 °45'00 "W 165.00 feet;
2) S65 045'53 "W 106.40 feet;
3) S03 °51' 15 "E 156.67 feet to the beginning of a curve;
4) 175.03 feet along the are of a curve to the left having a radius of 137.40 feet, central
angle of 72 °59'22 ", tangent 101.65 feet and a chord of 163.43 feet which bears
S56 050'21 "W
5)
S20 °20'40 "W
208.53 feet; 770889
6)
S85 °21'43 "W
576.14 feet; Page: 6 of 7
7)
N74 °30'00 "W
15.68 feet; 10/26/2001 01:43P
Sara J Fisher Eagle, CO 173 R 0.00 D 0.00
8)
S85 °37'51 "W
329.99 feet;
9)
N43 °54'04 "W
433.78 feet;
10)
N63 °34' 19 "W
113.58 feet;
11) N75 °12'28 "W
79.83 feet;
12)
N83 °37' 10 "W
26.90 feet to the point of terminus for section 2;
w S
C C",
See attached Easement Exhibit for map of above described easement.
770889
Page: 7 of 7
10/26/2001 01:43P,
Sara J Fisher Eagle, CO 173 R 0.00 D 0.00
Co. =
i ® s
Date: �(
3
