HomeMy WebLinkAbout25-43 Granting Gas Pipeline Easement to Wes DJ Gathering, LLC. 04-09-2025RESOLUTION NO.25-43
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, GRANTING A GAS PIPELINE EASEMENT TO WES DJ GATHERING,
LLC
WHEREAS, the Town of Firestone owns certain real property legally described as Tracts J, 4, and P,
Denmore Filing No. 1, Town of Firestone, County of Weld, State of Colorado ("Property"); and
WHEREAS, WES DJ Gathering, LLC ("Western") will require and is requesting from the Town an
easement across approximately 0.865 acres of the Property to construct, operate and maintain one
underground pipeline and related underground appurtenances ("Improvements"); and
WHEREAS, Town Staff recommends the Town accommodate Western's request and grant to it an
easement, pursuant to the terms and conditions of a Gas Pipeline Easement and Agreement, attached as
Exhibit A, and more particularly described and depicted in the attachment to Exhibit A, to correspond with
the location of the Improvements; and
WHEREAS, the Board of Trustees finds and determines that the Improvements will not interfere with
the current and future uses of the Property, and that granting an easement that would result in construction and
operation of the Improvements promotes the health, safety and welfare of the community.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF T TO111IN
OF ' ! 1 1` ii
Section 1. The Board of Trustees of the Town of Firestone hereby grants a permanent, non-
exclusive gas pipeline easement over, under and across approximately 0.8652 acres, more or less, of the
Property, as described and depicted in Exhibit A, attached hereto and made a part of this resolution, with the
Mayor being authorized to execute and acknowledge the grant of the easement on behalf of the Town.
Section 2. The Board of Trustees of the Town of Firestone hereby authorizes and approves the Gas
Pipeline Easement Agreement between the Town and WES DJ Gathering, LLC, in substantially the same
form as the copy attached hereto as Exhibit A and made a part of this resolution, and the Mayor is authorized
to execute the agreement on behalf of the Town.
PASSED AND ADOPTED this 9th day of April, 2025.
r
.....o
�idos Luna, CMC, Town Clerk
APPRO AS TO FORM:
shall Keith in, 'Town Attorney
TOWN
SEAL
� V
GAS PIPELINE EASEMENT NT AND AGREEMENT
I
This GAS PIPELIN—B EASEMENT` D AGREEMENT ME, NT {"Agreement") is made and
entered into this y 0 of 2025, by And between the TOWN OF FIRESTONE,
MAW
COLORADO, a municipal corporation organized and existing under and by virtue of the laws of the
State of Colorado, whose address is 9950 Park Avenue., Firestone, Colorado, 80504 ("Firestone!' or
"Grantor") and WES DJ GATHERING, LLC, a Colorado limited liability company {"Grantee"),
whose address is 9950 Woodloch Forest Drive, Suite 2800, The Woodlands, Texas, 77380.
1. Grantor's Property. Firestone is the owner of that certain parcel of real property (die
"Property") located in Weld County, Colorado, legally described as Tracts J, 0, and P, Denmore
Filing No. 1, as recorded in the Weld County Clerk and -Recorder's Office at Reception No.
4928429.
2. Grant of Easement —Consideration. Firestone grants to Grantee a perpetual, non-exclusive
easement (the "Easement!) thirty (30) feet in width over, under, in and across that portion of the
Property as more fully described in Exhibit A, attached to and made a part ofthis Agreement (the
"Easement Area!), subject to the terms and conditions set forth below.
3. Purpose and Uses of Easement. Grantee may use the Easement:
A. To construct, install, access, operate, use, maintain, repair, and inspect, at any time
and from time to time, one underground pipeline and all underground appurtenances related thereto
reasonably necessary for the conveyance and transmission of oil, gas, petroleum products, or water
(the "Improvements) upon, across, over, under through and within the Easement Area;
B. To reconstruct, replace, and remove at any time and from time to time the
Improvements constructed hereunder in the original location within the Easement Area, generally
consistent with the intended purposes of the Easement,- and
C. To mark the location of the Easement Area and Improvements by suitable markers
set and maintained in the ground. Except for surface markers, all Improvements installed pursuant
to this Easement shall be located entirely underground.
D. Except for the Improvements, Grantee shall not place, build, erect, or add any
structures, other pipelines, facilities, improvements or other items on, under, over, or across the
Easement Area
a or the Property. Nothing herein shall be construed to permit any overhead utilities
or any surface facilities or equipment associated with any utilities other than underground electric
within the Easement Area.
4. Access. Grantee shall only use the existing roads on the Property for ingress and egress to
the Easement Area. Notwithstanding any provision to the contrary, for any use outside ofToutine
maintenance and an emergency, access points, staging areas, and access routes to the Easement
Area over the Property shall be as established in a separate agreement.
5. Grantor's Rights in Easement Area.
A. Firestone reserves the right to use the Easement Area for any purposes that will not
impair, endanger or unreasonably interfere with any of the Improvements or with Grantee's full
-
enjoyment of the rights hereby granted.
B. Firestone shall not increase the surface elevation of the Easement Area by more
than two (2) feet nor decrease the surface elevation of the Easement Area by more than one (1)
foot without Grantees prior written permission, which shall not be unreasonably withheld or
delayed.
C. Firestone may only construct, install, or erect or cause to be constructed, installed,
or erected, fencing, shallow root landscaping and irrigation lines within five feet of either side of
the centerline of any underground pipelines CNo-Install Zone") unless it has first obtained
Grantee's written consent. Grantee shall have the right to out, mow, or otherwise remove any such
fencing, landscaping, or irrigation lines placed or installed within the No-Ifistall Zone without its
prior written consent. Grantee shall in no event be liable for any damages to any fencing,
landscaping, or irrigation lines installed or located within the No -Install Zone caused by the
exercise of Grantee's rights hereunder, unless otherwise agreed to by the Parties.
D. Firestone shall not erect or cause to be erected any permanent buildings or
structures or any reservoir or impoundment, nor shall it drill or operate any well, within the
Easement Area without the prior written consent of Grantee, which shall not be unreasonably
withhold,
6. Construction.
A. From time to time after the initial construction and installation of the
Improvements, Grantee may only use the Easement Area during construction activities for the
purposes of the Easement set forth herein.
B. Grantee shall provide Firestone a complete set of "As -Built Plans" for the
Improvements, in paper and electronic format, within thirty days following construction and
installation of the Improvements. As-Builts shall show the location of the Improvements with a
reference distance to an existing section monument. The plan view shall also show existing surface
features and known utilities within ten (10) feet of the Easement Area, as well as any valves,
fittings, or other appurtenances on the gas pipeline and within the Easement Area.
C. Grantee shall ensure that construction of the Improvements shall be undertaken by
a licensed contractor, and shall cause all work to be performed by such contractor to be in
accordance with all applicable statutes, ordinances, rules, regulations and permitting requirements.
7. Monumentation and Marking. Grantee shall place and maintain permanent, above -grade
monumentation and marking at all locations where the Improvements enter upon the boundaries
of the Easement Area, at changes of direction, and enter upon the boundaries of road right-of-way,
as approved by the Town Engineer. Markers shall include phone numbers to call for line locates
and 24-hour emergency repair. Grantee shall install tracer wire no more than 18" above and along
the entire length of the Improvements.
8. Operation and Maintenance, Restoration.
A. Grantee shall be solely responsible for the maintenance and replacement of the
Improvements now or hereafter constructed and located within the Easement Area.
B. Grantee shall, and shall cause -its representatives to, comply with all applicable
laws, as well as any applicable site safety rules of the ECMC, when conducting or performing any
activities or operations upon the Basement Area.
C. Upon completion of any construction work in the Easement Area, Grantee will
maintain. the surface of the Basement area in compliance with any applicable weed, nuisance or
other legal requirements.
D. Upon completing any work in the Easement Area, Grantee will make such repairs
or take such other action as may be necessary to restore the surface of the Easement Area to a
condition comparable to its condition prior to Grantee's activities,in the Easement Area, including
but not limited to, the reseeding and replanting of any disturbed areas in a manner reasonably
satisfactory to Firestone, correction of any subsidence, and restoration of any other pre-existing
improvements or conditions impactcd by Grantee's activities.
E. Grantee shall sufficiently compact any soil on the Easement Area that has settled
excessively because of Grantees activities and operation, to the extent necessary to return the soil
to its condition immediately prior to such disturbance.
F. If any portion of the Property suffers injury or damage caused by Grantee's
activities and operations, Grantee, at its own expense, shall promptly repair all such damage and
shall restore the Property to the same condition as before such damage.
G. Where required by environmental law or ordered by any other governmental
authority, Grantee shall promptly perform, implement and complete, at its own cost and expense,
any remediation activity on the Property to clean up, detoxify, decontaminate, treat, contain,
prevent, cure, mitigate or otherwise remedy any contamination or release of any hazardous
substance or to comply with any environmental law. Grantee shall be solely responsible, at its
own expense, for the proper cleanup, removal and/or remedy of any release of any hazardous
substance in accordance with applicable enviromilental law caused by Grantee's activities and
operations. Grantee shall maintain any financial assurances and pay any oversight fees and costs
required or otherwise imposed by any governmental authority with respect to any and all
remediation activity conducted on the Property.
H. Grantee shall immediately notify Firestone upon learning of any release of a
hazardous substance at the Property that results from or is related to Grantee's or its
representatives' access to andforuse ofthe Easement (including ally remediation activity) and shall
promptly provide Firestone copies of any notices, reports, documents or other communications to
or from any governmental authority concerning any such release. Such notification shall be made
verbally within twenty-four (24) hours, and in writing within seventy-two (72) hours, of Grantee's
knowledge of any such release.
9. Depth ofCover. Unless a greater depth is required by applicable law, Grantee shall initially
bury all underground Improvements within the Easement Area at a minimum depth of four (4) feet
below the surface of the ground.
10. Liability and Responsibility.
A. Firestone shall have no obligation to contribute to the costs or expenses of initial
construction or installation of the Improvements.
B. Except for any negligent or willful act or omission, Firestone shall not be
responsible or held liable for any damages to the Improvements resulting from any work conducted
by Firestone on the Property or in connection with performing authorized emergency repairs and
maintenance of any existing improvements on the Property.
C. Firestone shall not be liable to Grantee or its respective employees, agents,
contractors, and invitees, or to any other person, for any death or injury to persons or damage to
property, including damage to the environment under applicable federal, state and local statutes,
on or about the Easement Area when caused by Grantee or its respective employees, agents,
contractors, or invitees use and occupation thereof and activities and operations.
D. Grantee, for itself and on behalf of its representatives, subsidiaries and affiliates,
does hereby release, hold harmless and forever discharge Firestone from any and all actual,
threatened or, potential claims of any kind or character, whether known or unknown, relating in
any way to the contamination of the Property caused by the exercise of Grantee's rights hereunder
or arising fi-oin Grantee performing any remediation activities on the Property with respect to any
contamination, including any claims for contribution for such remediation activities pursuant to
any environmental law.
E. Nothing in this Easement Agreement shall be construed to be a waiver of the
limitations on liability which are provided to
p Firestone under any provision of law or the Colorado
Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as currently enacted or subsequently
amended C'COW).
11. Indemnification.
A. Grantee shall indemnify, defend and hold Firestone harmless from and against any
and all costs, losses, taxes, liabilities; damages, lawsuits, deficiencies, claims, demands, and
reasonable expenses, including without limitation interest, fines, penalties, judgments, settlements,
costs of mitigation, lost profits and other losses resulting from any shutdown or curtailment of
operations, damages to the environment or natural resources or any real or personal property,
reasonable attorneys' fees and all amounts paid in investigation, defense or settlement of any of
the foregoing, caused by: Q) the exercise of Grantee's rights hereunder by Grantee or its respective
employees, agents, contractors buyers, or invitees; (R) any contamination of the Property or any
releases of a hazardous'substance at the Property that results from or is related to Grantee's or its
representatives' use of the Easement; (iii) a breach of, or failure to perform or comply with, any
covenant or promise of Grantee contained in this Easement; or (iv) any remediation activity
conducted on the Property by Grantee or its representatives pursuant to this Agreement, including
any damage or injury to persons or property. Except Grantee's indemnity obligation shall not apply
to any negligent acts or the willful misconduct of Grantor or its representatives.
B. Without waiving any right to indemnification, upon failure of Grantee to perform
any remediation activity requited under environmental law and/or the directives of any
governmental authority with respect to any contamination at the Property, Firestone reserves the
right to perform any remediation activity that it reasonably deems necessary (i) to comply with
environmental law and the directives of any governmental authority, (ii) to prevent or remedy an
imminent and substantial risk to human health and the environment or (iii) where the failure to
perform such remediation activity will substantially interfere with the function or operation ofany
Firestone -owned improvements at the Property, and in each case to require Grantee to -pay the full
cost thereof to Firestone. Firestone shall give Grantee ten (10) business days prior written notice
of Firestone's intention to take any remediation activity under this Section 10(B) in order to allow
Grantee to cure such deficiency, provided, however, that such prior notice shall not be required if
the remediation activity is necessary to prevent or remedy an imminent and substantial risk to
human health and the environment, in which case Firestone shall provide notice to Grantee of such
remediation activities as soon as reasonably practicable.
12. Termination. This Basement is perpetual and shall only terminate: (a) upon Grantee filing
for bankruptcy protection or reorganization, or after an involuntary petition is filed against Grantee
under any bankruptcy or insolvency law; or (b) upon Grantee's abandonment of the Improvements
and its full use and enjoyment of the easement rights appurtenant thereto. Abandonment shall be
deemed to have occurred if the Improvements have not been in use for a consecutive twenty-four
(24) months. Grantee shall provide written notice to Firestone of Grantee's abandonment of the
Improvements. Upon providing written notice of abandonment, Grantee shall, within a reasonable
time, remove the Improvements and restore all portions of the Easement Area impacted by
Grantee's activities. In the event any portions of such abandoned Improvements conflict with
structures, utilities, roads, or rights -of -way, Grantee shall coordinate with Firestone on the
appropriateness of abandoning in place only those portions of Improvements, together with
capping and structurally filling such portions and restoring the surface ofEasement Area disturbed
by such activities as required by Firestone. Firestone shall issue its written acceptance of all
Improvements to be abandoned in place as expeditiously as reasonably possible. Grantee shall
notify the Town after completing all cutting, cleaning, removal, and potential structural filling of
such portions of the Improvements that have been approved by the Town to be abandoned in place,
13. Binding Effect - Runs With Land. This Agreement shall extend to and be binding upon
and inure to the benefit of the Parties to this Agreement and their respective successors and assigns,
including without limitation, all subsequent owners of the Property, and all persons claiming under
them. The rights and responsibilities set forth in this Agreement are intended to be covenants upon
the Easement Area and are to run with the land.
14. Notices. Any notice, request, consent, offer or demand required or permitted to be given
in this Agreement, shall be in writing and be sufficiently given if delivered in person or sent by
mail or email, addressed to the party to whom such notice is intended to be given at the address
set forth below:
Town of Firestone
Matthew Wiedeispahn, Town Engineer
9950 Park Avenue
Firestone, CO, 80504
303-531-6254
MWiederspalin@FirestoneCO.gov
WES DJ Gathering LLC
Jayson VanShura, Land Manager
10 1 88'E 1-25 Frontage Road
Longmont, CO 80504
303-357-7790
Jayson.VanSliura@westernmidstream.com
15. Governing -Law, Venue This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Colorado. Jurisdiction and venue for any actions arising
from this Agreement and any amendments hereto shall rest exclusively in Weld County, Colorado.
16. Amendment; Waiver: No provision of this Agreement may be amended, waived or
otherwise modified without, except by a writing executed by both Parties. The waiver by any party
of a breach of any provision or condition contained in this Agreement shall not operate or be
construed as a waiver of any subsequent breach or of any other conditions hereof.
17. Authorfty. Firestone warrants that it has full right and lawful authority to convey the real
property interests contained iii the Easement granted above. Each party represents and warrants
to the other that it has full power and authority to enter into this Agreement and to bind itself, its
respective successors and assigns, and that no other contract or agreement to which it is a party
prevents it from executing this Agreement or concluding the transactions described herein.
18. Entire A"r ement. This Agreement constitutes the entire agreement between the Parties
hereto relating to the Easement and sets forth the rights, duties and obligations of each to the other
as of this date. Any prior agreements, promises, negotiations or representations not expressly .set
forth in this Agreement are of no force and effect.
19. Severability. If any part, �term or provision of this Agreement shall be held unenforceable
or invalid, the remainder of this Easement and the application of such part, term or provision to
persons or situations other than those to which it shall have been held 'Unenforceable or invalid
shall not be affected thereby, but shall continue to be enforceable and enforceable to the greatest
extent permitted by law.
IN WITNESS WHEREOF, the parties have executed this Gas Pipeline Easement and
Agreement, effective as of the date first set forth above.
GRANTOR:
THE TOWN OF FIRE, STONE,
COLORADO, a Coloraia-fiftunicipality
Bv:, Date:
n Conyac, r., Mf&r
ATTEST:
wmla�Iaiiados Lwia, CMC
To Clerk
ISEAL
APPROVED AS TO FORM:
6own Attom
inn e i Ill " r parry
ley c r L. V nShur �.
Title at and Attorney -in -Fact,
STATE OF COLORADO
}
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 14 t day of r
C1 .l s L. V Sl r t in his capacity : Agent and Attorney---
ttc ssrey in -Fact f WE
Gathering, LLC, s Colorado Limited Liability Company on e if of such company.
WITNESS my hand and official l seal..
My commission expires: .. a
PAULGERMSH
r ..yNotaty Politic
0 , t IH
EXHIBIT A
THAT PORTION OF TRACTS J, :S, AND F, CSENM RE FILING NO.1 AS RECORDED AT RECETPI ?I
NO4928429 OF THE WELD COUNTY RECORDS OFFICE, LOCATED IN THE SOUTH HALF OF
SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF CC LORADO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER {SE1 4) OF SAID
SECTION 6 IS ASSUMED TO BEAR SOUTH 88*4845'" EAST AND BEING MONUMENTECS ON THE
WEST BY A 2.5" ALUMINUM CAP STAMPED, " LS 31169- IN MONUMENT ENT BOX ARCS ON THE EAST BY
A3" BRASS CAP STAMPING ILLEGIBLE IN MONUMENT BOX AS SHOWN ON SAID PLAT OF
CSENMORE FILING NO. 1.
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 6, THENCE NORTH
19"08'36" BAST, 63.07 FEET TO SOUTHERLY LINE OF SAID TRACT R AND THE POINT OF
BEGINNING;
THENCE. NORTH 88"48'45" WEST, 34.13 FEET ALONG SAID SOUTHERLY LINE,
THENCE NORTH 9°4 23" BAST", 1213.90 FEET,
THENCE NORTH 60*22'34" BAST", 20.44 FEET TO THE NORTHWESTERLY LINE OF SAID TRACT ,'
THENCE NORTH 9°41T27" EAST, 36.00 FEET ALONG SAID NORTHWESTERLY LINE;
THENCE SOUTH 69°22'34" EAST, A DISTANCE OF 50,44 FEET,
THENCE SOUTH 2 °40'23" EAST,1227.65 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 37,686 SQUARE FEET OR 0,8662 ACRES, MORE OR LESS,
UNIT OF MEASURE IS U.S, SURVEY FEET.
x �' � 11 #f � a � � AF � r r r it � y� •
.. a
0 E. ORCHARD ROAD,
GREENWOOD VILLAGE, COLORADO 80111
i l
2 23.1 .13 - P-\Tfrhfsco0Adsv \Satrv\F[nal tlrawin s\Exhibits Sufv i h€sco0l_30' Pipeline Easement.docx Sheet i of
tvlaanha+r d Caar ki tin - 7600 Cast Or fraard Rood, CSaarte 150- +i. Gro rawood 'str;9oge, U3 80111 - 303 fit` 0,0 )C O - roaanhaar d r`o
GCO)i A00 � it.l ll°1a i3S I NEVALM I TEXAS I W6(' )3 i.'if
-----------------
7
GRAPHIC SCALELiiiii..
i t i
I iN Pwr I
U.S. SURVEY FEET
4'
FK22"34"E
ARSE
37,686 S, F,
O.8652 A6
TRACT F
RECEPTION NO, 4928429
i
ul
FOUND 3" BRASS CAP
STAMPING KIMBLE IN
MONUMENT BOX
PARCELI
SHEEr
w
i2 OF
t `' ! i i.- 11 'l
ffm
111