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Home My WebLink About 19-91 Black Diamond Amended Revocable Lic Agrmnt 100919RESOLUTION 19-91 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO THAT CERTAIN REVOCABLE LICENSE AGREEMENT BETWEEN BLACK DIAMOND MIDSTREAM, LLC, THE FIRESTONE FINANCE AUTHORITY, AND THE TOWN OF FIRESTONE WHEREAS, the Town of Firestone, the Firestone Finance Authority, and Blacic Diamond Midstream, LLC entered into that certain Revocable Encroachment License Agreement, dated July 24, 2019 (the "Agreement"), and subsequently recorded in the Weld County Clerk and Recorder's Office on July 25, 2019 at Reception No. 4508816, granting a license over, across and under certain real property owned by the Town of Firestone and the Firestone Finance Authority (collectively, "Owner") to Black Diamond Midstream, LLC ("Licensee") for the construction, operation and maintenance of a single underground gas gathering pipeline and appurtenant underground facilities; and WHEREAS, subsequent to the execution and recordation of the Agreement, Licensee has changed the pipeline route across Owner's property, adding approximately 97.43 feet to the pipeline as it traverses north across Owner's property, which necessitates a change or reconfiguration in or to the license area under the license; and WHEREAS, the Board of Trustees desires to authorize the execution of a "First Amendment to Revocable License Agreement" with Black Diamond Midstream, LLC to allow for the change in pipeline route and payment of additional consideration for the change in the area of licensed property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The First Amendment to Revocable License Agreement between the Town of Firestone, the Firestone Finance Authority and Black Diamond Midstream, LLC, attached hereto and incorporated herein as Exhibit A, is hereby approved in substantially the same form as attached, and the Mayor is hereby authorized to execute the Amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED this 9th day of October, 2019. lee ATTEST: 1® Leah Vanarsdall, Town Cleric ' AS TO FORM: Willialayashi, Town Attorney Exhibit A FIRST AMENDMENT TO REVOCABLE ENCROACHMENT LICENSE AGREEMENT This FIRST AMENDMENT TO REVOCABLE ENCROACI-lIvIENT LICENSE AGREEMENT (this "First Amendment") is entered into effective as of August 2019 (the "Amendment Date"), by and between the TOWN OF FIRESTONE, COLORADO, a Colorado municipality (the "Town"), and FIRESTONE FINANCE AUTHORITY, a corporate body politic of the State of Colorado, (individually, the "Town" and - "FFA," respectively, and collectively, "Owner"), and BLACK DIAMOND ROCKIES MIDSTREAM LLC, a Colorado limited liability company ("Licensee"). Owner and Licensee may be referred to in the singular sense as a "Party" or in the collective sense as the "Parties." RECITALS A. Owner and Licensee entered into that certain Revocable Encroachment License Agreement, dated July 24, 2019 (the "Agreement"), relating to the construction, operation and maintenance of a single underground gas gathering pipeline and appurtenant underground facilities located on certain real property owned by Owner, subject to certain terms and conditions as more particularly described in the Agreement. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Agreement B. Subsequent to the execution and recordation of the Agreement, Licensee has changed the pipeline route across Owner's property, adding approximately 97.43 feet to the pipeline as it traverses north across Owner's property, which necessitates a change or reconfiguration in or to the License Area. C. Owner and Licensee desire to amend, modify, change or alter certain provisions of the Agreement relating to the portions %J the License Area and Consideration for the License. AGREEMENT l . Incorporation of Recitals. The Recitals set forth above are incozporated herein and made a part of this First Amendment to the same extent as if set forth herein. 2. Modification of License Area. The License Area defined in the Recitals and Section 1.1 of the Agreement, and further legally described and depicted in Exhibit A to the Agreement, shall be substituted and replaced in its entirety with the attached Exhibit A. 3. Amendment of Consideration. Section 4 of the Agreement shall be amended so that it now reads as follows: Licensee shall remit payment of consideration of THIRTY-EIGHT THOUSAND, THREE -HUNDRED AND SEVENTY-TWO DOLLARS AND 90/100 ($38,372.90) to the Town concurrently with the execution and delivery of this Agreement. I Effect of Modification of License Area. It is the Parties' intent that Exhibit A to this First Amendment supersede Exhibit A to the Agreement and, thus, relocate, reconfigure or otherwise modify the License Area under the Agreement. 4. Authority. Each Party represents and warrants that it has the power and authority to execute this First Amendment and that there are no third party approvals required to execute this First Amendment or to comply with the terms or provisions contained herein. 5. Counterparts and Facsimile. This First Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed to constitute one and the same instrument. Each of the Parties hereto shall be entitled to rely upon a counterpart of the instrument executed by the other Party and sent by facsimile or electronic mail transmission. 6. No Other Modifications. Except as expressly set forth herein, this First Amendment shall not modify or amend the terms or provisions of the Agreement, and all terms and provisions of the Agreement not specifically modified or amended by this First Amendment shall remain in full force and effect. 7. Recordation. This First Amendment shall be recorded with the Weld County Clerlc and Recorder's Office upon execution by the Parties. [SIGNATURES ONFOLLOWING PAGE] owN-u TOWN OF FIRESTONE ATTEST: `2 K (vto of 13 Y• k a 1)a. 1 41 Leah Vanarsdall, Town Clerk FHRESTONE FINANCE AUTHORITY By: �'�� Lam.-•~1 L00, M CK 'kf W S �tA^� (41 Gi:k1,k. LICENSEE: Black Diamond Rockies Midstream LLC By: Black Diamond Gathering LLC, its sole member By: Noble Midstream Services, LLC, Attorney -In -Fact By: Name: Erik T. an Decar Title: Attorney -In -Fact STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) The forgoing FIRST AMENDMENT TO REVOCABLE ENCROACHMENT LICENSE AGREEMENT was subscribed and sworn to before me on _, 2019, by Erilc T. Van Decar in his/her capacity as Attorney -In -Fact for Noble Midstream Services, LLC, acting in its capacity as Attorney -In -Fact for Black Diamond Gathering LLC, as sole member of Black Diamond Rockies Midstream LLC. (Seal) 5ANDRA BRAWN NOTARY PUBLIC STATE QF GOLORADO NOTARY ID # 20174.0316E Notary Public Address My Commission expires j Id e/./ EXHIBIT' Attachment to Grant, by and between Firestone Finance Authority, as "Grantor', and Black Diamond Rockies Midstream LLC, as "Grantee". WELD COUNTY, COLORADO 20 FOOT WIDE EASEMENT DESCRIPTION July 25, 2019 Sheet 1 of 2 A twenty (20) foot wide strip of land being a portion of Outlot 2, Firestone Central Park First Filing Minor Subdivision, in the northeast quarter of Section 18, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said strip being 10 feet each side of the following described centerline: Note: 1. The Basis of Bearings is the south line of the northeast quarter of Section 18, T-2-N, R-67-W 6th P.M., as monumented with an illegible aluminum cap at the east end and an aluminum cap PLS 23500 at the west end, with a grid bearing of N 89°28'39" W. . 2. The side lines of the right of way are to be lengthened and/or shortened as necessary to end at the property lines. 3. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C.R.S. 38-52A02). Commencing at the east quarter corner of said Section 18, an illegible aluminum cap; Thence N 89°28'39" 1 v, along the south line of OUtIOt 2, a distance of I t5.95 feet to the POINT OF BEGINNING: Thence N 48°39'57" W, a distance of 212.02 feet; Thence S 89°45'35" W, a distance of 445.31 feet; Thence N 59*1315" W, a distance of 208.66 feet; Thence N 00'24'10" W, a distance of 207.94 feet; Thence S 89°35'50" W, a distance of 16.00 feet point within said Outlot 2, and the POINT OF TERMINATION from which an aluminum cap PLS 23500 at the center quarter of said Section 18, bears S 75°33'25" W, a distance of 1,724.90 feet. The above surveyed centerline traverses said Outlot 2 for a total distance of 1,089.94 feet or 66.06 rods and containing 0.500 acre more or less. Prepared by David C. Costner For and on behalf of Topographic Land Surveyors 520 Stacy U. Ste B, Lafayette, CO 80026 OPTOPOGWHIC LOYALTY INNOVATION LEGACY 620 Stacy Court Ste B, Lafayette, CO 60026 303.666.0379 www.lopographfc.com o�PpO Rfc�s j. cam\: J�o �• Cps�.F�� Q 7/25/19 tic's PARTNERSU(UGEL WELL CONNECT�FINAL PRODUCTS\EP KUGEL WC FIRESTONE REVt.OWG 7/26f20797:i 6:12 EXHIBIT "A" SCALE: V = 200' Attachment to Grant, by and between 0 100, 200' Firestone Finance Authority, as "Grantor', and Black Diamond Rockies Midstream LLC, as "Grantee". 12 7 SEC. 18, T-2-N, R-67-W, 6TH P.M. 13 MI Proposed 12' x 22' l ACT Unit /7z4sa' P.O.T. DETAIL VIEW SCALE: 1" = 50' CO[ ORADO WCOUNTY, JE RIGHT OF WAY ENGTH: 1089.94 FEET Kugel Pad 20' Permanent Easement July 25, 2019 Sheet 2 of 2 0� 13 I 17 24 19 VICINITY MAP 19120 NnTTn RCAI F -I/4 l.0(TIBr 78 16I17 Illegible — Alum Cap CPKU.800.000 Firestone Finance Authority Rec No. 3293398 Rec. No. 3293400 Outlot 2 Firestone Central Park First Filing Minor Subdivision Rec. No. 3427733 II 2-Track N891B39"W ETAI L >75.95' Path \ \ 2 Access —��----------- — -- Road--------��------ — Center 1/4 Comer Sec. 18 Alum Cap PLS 23500 LEGEND �17s1T Z] OHE O NOTES: N89 28:?9"W2847.8B' (BASIS OF BEARING) P.O.B. E LINE TABL LINE BEARING DISTANCE 1 N 48°39'57" W 212.02' 2 S 89045'35" W 445.31' 3 N 59013'15" W 208,66' 4 N 00°24110" W 207.94' 5 S 89035,601, W 16,00' SECTION TRACT LINE BORDER SURVEYED BASELINE EDGE OF EASEMENT TEMPORARY WORKSPACE NCELINE ISTING PIPELINE OVERHEAD ELECTRIC MONUMENTFOUND 1. ORIGINAL DOCUMENT SIZE: 8.5"X 14" 2. ADJOINER INFORMATION SHOWN FOR INFORMATIONAL PURPOSES ONLY. 3. B.O.L./P.O.B. = BEGINNING OF LINE/POINT OF BEGINNING 4. E.O.L./P.O.T. = END OF LINEIPOINT OF TERMINATION 5. THIS IS NOTA LAND SURVEY NOR A LAND SURVEY PLAT TOPOGRAPHIC LOYALTY INNOVATION LEGACY 620 Sin Court Ste B, Lafayette, CO 80026 303,U6.0379 vnvw.topograph(c.com DRAWN BY: SME REVISION: JOB NO.: 125010 i ZJK I 07/25/19 1/4 Comer Sec 181Sec 17 Illegible Alum, Cap 25936 iACK DIAMOND '_KUGEL_WC_FIRESTONE REVI.DWG 7Y15/20197:14:14 AM zkealing EXHIBIT Attachment to Grant, by and between Town of Firestone, as "Grantor", and Black Diamond Rockies Midstream LLC, as "Grantee". WELD COUNTY, COLORADO PIPELINE DESCRIPTION June I% 2019 Sheet 1 of 1 A pipeline being a portion Weld County Road 15 also known as Frontier Street, in the southeas# quarter of Section 18 and the southwest quarter of Section 17, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said pipeline described as follows: Note: 1. The Basis of Bearings is the north half of the southwest line of the southwest quarter of Section 171 T-2-1\1, R-67-W 6th P.M., as monumented with an aluminum cap PLS 23500 at the south end and an illegible aluminum cap at the north end, with a grid bearing of N 00022,10" W. 2. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C.R.S. 3&52A02). Commencing at the east quarter corner of said Section 18, an illegible aluminum cap; Thence S 56°46'29" W, a distance of 35,71 feet to a point on the west right of way line of said Weld County Road 15 also known as Frontier Street, and the POINT OF BEGINNING: Thence N 88a22'23" E, a distance of 80.03 feet to a point on the east line of said Weld County Road 15 also known as Frontier Street, and the POINT OF TERMINATION from which an aluminum cap PLS 23500 at the south quarter corner of Section 18 and Section 17 bears S 01 °49'34" W, a distance of 1,305.45 feet. The above surveyed centerline traverses said Weld County Road 15 also known as Frontier Street for a total distance of 80.03 feet or 4.85 rods more or less. Prepared by Dauid C. Costner For and on behalf of Topographic Land Surveyors 520 Stacy Ct, Ste B, Lafayette, W 80026 UPTOPOGRAPHIC LOYALTY INNOVATION LEGACY 520 Stacy Court Ste B, Lafayette, CO 80026 303.686,0379 mm.lopographlexom !ulmt'dy:L51 PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. David C. Costner, P.L.S. No. 25936 swest WELD COUNiY,COLORA00 SECTION 17, T-2-N, R67-W SECTION 188, T-2-N ft67-W CPKU 650.000 CPKU 700.000 MR 15 CPKU 000.000 David N. Jaquez Thomas J. James Alan Uvm and Candace Can O,sxn 58.7 FEETOR 3.62 RODS 9chrocder(1� 80.0FEETOR4.85RODS 119,E FEETOR 7,25 RODS 7T.— t1 j %Oavld NJa9�j �5�0'OTRFJR.S7PP0A MR Pipeline�6Claaver �1 IIIxQe•cover i I Weld County Water Line --X--X NODENTRY X=60691.92 ae9muna pxm—er u,— une 1, c/� X=H3D1D61E1X5I0T.11 / �/OC/P��Pi/��cove o "H 4-� Y=1293759.27 Black H[7s Pipeime@S Cover Y=1293752.43 —u—na—ad x__Electrk x----_x_ ti� // CPKU Og.oN Existing PiPeGne AlannOsen and Jams l�_ I Permanent 1I 1 2 a nt / o/ /:� Candace Can Oren Z 2U' Easement �,; I 2<.3• I w I p'2 Easement l / Existing Telephone We n Fly —�� -) / a g �rti I O I /. / /• ///25'Temporsry iz IiI CPKU 700.OW 0 Tfnmas J. Schmederand Ic Sly ROW Energy L1lnemis Rec. No.2294361 Pamela O0010 50'RD.Y/. i30'R.O.W. _--- � --- olDeder CPKU 000,000 ✓��/ \ I i, _— Firestone Finance Authority ___ i// /// //// -- , E�LE ,e al wow Q G w 4P QO W W ¢a m D W= O ,- > c p - - a n000� o N �s 0 DDK i-n wU' 0 p ppN [z (� zN� Ewidw=D Iwi.um113' w ul$ hl an at wad �Ufd ce m 3� tb brt.�z m� 258.3' BYSPECIRCATIO 2623• PIPE FOOTAGE Odd Path Black Hills Ptpe)ine 5Co1'er We"County WalerUre B'Cover Odq Path ' HDDE[71 DCPPipame 4'Cover HDD Entry <9W / NafNmlGmurM 4950 4945 14•� XTR Pipet a VCGve( MR 15 / 140 14945 @a LL 49C 1 33� 4930 r 4935 PC 5 tR—d m �. 4935 MP 4930 1 1=195.5' —0 4930 4925 R = 400.0 4925 4920 32.6' 193.6' 322' 49M 35' 36400 W6 37400 37350 3BM0 38150 39W0 ¢nVA1zON REVISION: LEGEND 4vW cs:WTEA[ALS ISsuEoroaaenEw sK r1aaA wars scawnov KVGEt N'NECr - - - - v ms wAFl Et zsz MG YX.CR RTS 15 w.mw,n= wuuwmrocv+ -- --- BLA KDI ETO35V:G GATHERING- 5P99.4 33+6117 mlvaAt. wxmareanrw m.mswwrvmvu. - reanmwnmma,wraamw.vne:.ca w �� r —^- --- TY Pvll�rlElCi R(k �nn,l an DWT:aeruK A 1 ,mrKrmrortrco:[ 0 reurnmrr u iv'gi ¢nµLxcvvE`trWE: NIzwwxrrtx.wrHvuvw ,o`i �: OAtE:mr.,, r EXHIBIT Attachment to Grant, by and between Town of Firestone, as 'Grantor", and Black Diamond Rockies Midstream LLC, as "Grantee". WELD COUNTY, COLORADO PIPELINE DESCRIPTION June 14, 2019 Sheet 1 of 1 A pipeline being a portion Weld County Road 20 also known as Pine Cone Avenue, in the southwest quarter of Section 17 and the northwest quarter of Section 20, Township 2 North, Range 67 West of the Sixth Principal Meridian, County of Weld, State of Colorado, said pipeline described as follows: Note: 1. The Basis of Bearings is the south line of the southwest quarter of Section 17, T-2-1\1, R-67-W 6th P.M., as monumented with an illegible aluminum cap at the east end and an aluminum cap PLS 23500 at the west end, with a grid bearing of N 89049'50" E, 2. All directions, distances, and dimensions shown hereon are based on coordinates from the Colorado coordinate system of 1983 north zone (C.R.S. 38-52A02), Commencing at the southwest corner of said Section 17, an aluminum cap PLS 23500; Thence N 86°40'39" E, a distance of 909.03 feet to a point on the north right of way line of said Weld County Road 20 also known as Pine Cone Avenue, and the POINT OF BEGINNING: Thence S 00°16'17" W, a distance of 109.69 feet to a point on the south line of said Weld County Road 20 also known as Pine Cone Avenue, and the POINT OF TERMINATION from which an illegible aluminum cap at the south quarter corner of Section 17 bears N 87048'32" E, a distance of 1,691.65 feet. The above surveyed centerline traverses said Weld County Road 20 also known as Pine Cone Avenue for a total distance of 109.69 feet or 6.65 rods more or less. Prepared by David C. Costner For and on behalf of Topographic Land Surveyors 520 Stacy Ct. Ste B, Lafayette, CO 80026 UPTOPOGRAPHIC LOYALTY INNOVATION LEGACY 620 Stagy Court Ste a, Lafayette, CO 80026 3D3,666,0379 m"sMopographic,com GaGEOSURNWELDZNORTHWOBLE MIDSTREAM PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT. David C. Costner, P.L.S. No. 25936 2:38:44 PM surest `:°1,."d` WELD COUNTY. COLORA00 SECTION 20,T-2-N, RE7•W I SECTION 17 T-2-N R-67-W CPKU.IWX)DO C1OKU.200.000 CPKU.250.000 Advance Forming Technology, Ina. MR 20 Edward W. Patton Edward W. Patton 606 Feet or4.W Rode 108.7 Fact or 6.W Rods 1.0 Feel or.06 Rods 649 Feel or 3.93 Rods —°.x-,:® CPKU.100.000 rSinclair Pipe Line Co. 1 Advance Forming Technaiayy, Inc. �. HER. No, 3427969 Panhandle Eastern Pipe Line Company 50 Wrde Easement ' Rea. Na.1814569 .11t u N !l. N u 1 a1 N 5a Wide Ea met 1I` HOD EXIT tI un- \0 1 I p� X=3161Mel 11 Extsling Easement /y///T� 1 II 1I- —1I-11 Y=f261249.66 11 ° 11—I Exist. Sinclair Pip¢Ores \ B I I I1 I Exist. Sinclair Pipefires-•" x 50 AT.W.S. 25' x 20'PER MAN ENT I 1 1 g (0.08 AC.) \\ EgSEld ENT I i u HDO ENMY \ _ — — _ — 2d PERMANENT _ FASEI.IENT a X=3161966,58 \ \ \ I € Y=1290989.07 z i m w CPKU. 20WP..@STA GC; Edv2rd W. PatlonT. w1Os24.4<gld w CPKU.200.000I Edward W. Patton SME 14= 4C y�� w wor WS'. wWWZWG. ¢ wOWW w W ij O a •A' IM (�G} C%o� 6 pg lid GJ yKagK Z—i K�s y F6 coNO v�O DOWN. z�cwi HV �o F� soo MOW W(�oOO w N ZZO � u� �W�uu o w o ao o0 oO D o Cow F i k w Fa � '�w 'eS i- bS3 W I- rmusSrw 0 RIF. r- 'u5 o mmry n Cal m 260.E BY SPECIFlCATK)N Dnll Path 0+23.717c4n@S Cover 264.5'PIPE FOOTAGE Existing liable Pipeline Z(Above Ground) 1t80.5 KMG Pipeline 2' Cover 4980 HOD Entry r KMG Pipeline S Cover 4960 4975 4970 497a 2.4' 193.5' 14.3' 0+00 0450 ti00 1a50 2400 2+50 3400 3450 wean oitoa Anon REVISION: LEGEND — ' ' — °�"tv _ _ �°a.,,.,>rz svltunnYop NnTFleus EN 1ssuEO Fai newew m mi`w°'9a•'iursvo�"' e.®vwcem cmx�mmc.Eas Qa.o,°,P4aC., �PV�o(Y. .o� ff r�4 Tlwa>a,a KUGF1 Nk1LCCWNECT NCR +OhOLAaTARI0tD 020TO246" 'wN9Azsi AAo T®rrocanrHIC - ,�'a:a�"_ wren,.,:, �rtn•