HomeMy WebLinkAboutC05-130 Kinder Morgan_first amendment
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FIRST AMENDMENT TO NATURAL GAS LINE EASEMENT DEED, AND V ACA TION
THIS FIRST AMENDMENT TO NATURAL GAS LINE EASEMENT AND VACATION
("First Amendment") is made and entered into this k day of ~_, 2005, between
the Board of County Commissioners, County of Eagle, State of Colorado (he~'cinafter "Grantor")
and Kinder Morgan, Inc., a Kansas corporation with a business address P.O. Box 281304,
Lakewood, ()) 80228-8304, its successors and assigns (hereinafter "Grantee"'.,
Grantor and Grantee entered into a Natural Gas Line Easement Deed and Vacation dated
Apr"2L .;;2Cf; 2005 ("Original Agreement") and recorded in the records of the Eagle
County Clerk and Recorder at Reception Number .
In consideration of the terms and conditions of the Original Agreement, the sufficiency of which
is hereby acknowledged, Grantor and Grantee agree that this First Amendment shall replace and
supersede those sections of the Original Agreement as follows:
Page 3, First Paragraph, reading:
"Grantor reserves the right to use the real property for purposes necessary for the operation of
the Eagle County Regional Airport. In the event such use interferes with Grantee's full
enjoyment of the rights granted herein and necessitates, in either the reasonable opinion of the
Grantor or Grantee, the removal and relocation of the gas line, Grantor hereby agrees to pay the
cost of such removal and relocation. "
shall be replaced with the following:
"Grantor reserves the right to use the real property for purposes necessary for the operation of
the Eagle County Regional Airport. In the event such use interferes with Grantee's full
enjoyment of the rights granted herein and necessitates, in either the reasonable opinion of the
Grantor or Grantee, the removal and relocation of the gas line, Grantor hereby agrees to pay the
cost of such removal and relocation. Notwithstanding the foregoing, Grantor shall not be
responsible for payment of removal and relocation fees if such fees are necessitated by the
constmction of an 1-70 interstate exchange project by the Colorado Department of
Transportation, its agents or assigns. "
Grantor and Grantee agree that, except as expressly altered, modified and changed in this First
Amendment, all terms and provisions of the Original Agreement shall remain in full force and
effect and hereby are ratified and confirmed in all respects as ofthe date hereof.
If any conflict exists between the provisions of this First Amendment and the Original
Agreement, the provisions of this First Amendment shall control.
This First Amendment shall be binding on the parties hereto, their heirs, executors, successors,
and assigns.
IN WITNESS WHEREOF, the parties have executed this First Amendment on the day and year
first above written.
GRANTOR:
COUNTY OF EA , ATE OF COLORADO
By and Through' s ard of County Commissioners
..
By:
AmM.
By:
GRANTEE:
KINDER MORGAN, rrC: a
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By: ,
