HomeMy WebLinkAbout1.03 Deed.pdfII.1.b.2.a. - Deed
Spring Valley Compressor Station
OO PAS;E93O
Recorded at -. C.- J o'ciac---i'!.. M.. -- -- -.--
Reception No 2�- j- 0-�..i- �•----
THIS DEED, Made this
I9. 7.3 , between
JAMES P. NIESLANIK and RAYMOND NIESLANIK
15th - , day of June
11'
of the
County of Garfield and State of
Colorado, of the first Part, and
COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT
RECORDER'S STAMP
S E P 4. 1 1077
STATE AOCIIMENiTARY lEE-
of the County of Garfield
and State of Colorado, of the second part;
WITNESSETII, That the said parties of the first part; for and in consideration of the sum of.
Ten Dollars and other good and valuable consideration S.
1 •
to the saidroarties of the first part in hand paid by the said -party of the second part, the
fl
€' receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed,
and by.these presents do grant, bargain, sell, convey and confirm unto the said party of the
I! its s tjc cessors •
second part, and assigns forever, all the following described lot or parcel of land,
situate, lying and being in the
to -wit:
County of
Garfield
and State of Colorado,
A tract or parcel of land, containing 75. 000 acres, more or less in Lot l •and
in the Si,NEi of Section 4, Township 7 South, Range 88 West of the: 6th P.
said tract or parcel of land being more particularly described as follows:
+. Beginning at a paint in Lot 1 of Section 4, 1. 7 S., R. 88 It . , 6th P. Id ..., . from -
which point the NE corner of Section 4 bears N. 33 °201301 E., a: distance--of
I 995, 7 feet; thence S. 0 °30'3091 B., a distance of .514.4 feet, to the.North line
of the SzNE* of Section 4; thence S. 0'30'30" E. , a distance of 1, 346.1 feet,
to the South. line of the SZNL- of Section 4; thence N. 89 °55' ;30" W., along the
South line of the , of Section 4, a distance of 2,128. 3 feet, to•the West
line of the S ?vE* of Section 4; thence N. 0,30'30" B., along the West line' of •
;i the SINE* of Section 4, a distance of J., 344. 4 feet, to the North line of the
SzNE1 of Section 4; thence S. 89°58' E., along the North line of the SZN.Ei of •
Section 4, a distance of I, 343. 3 feet, to the West line of Lot 1 of Section 4;• ..
thence N. 0 °35' W.., along the West line of Lot 1 of Section 4, a distance of. •
I 514.4 feet; thence S. 89 °58' E., a distance of 785.7 feet, more or less, to .
the point of beginning, reserving therefrom the water • rights froai.the. spring. -
' situate •on the tract above. conveyed, together with a right of .way' to .and -from
said spring to and onto the SE-NE, Section 4, 1'p_ 7 S. , 11 88 W. '.6th P. M.;-
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LuutV..O0 PAGE 93
CONSIDERATION LESS THAN $100: THIS DEED IS EXECUTED AND
OFFERED FOR RECORDING SOLELY TO CORRECT A. DEFECT IN TEE
NAME OF THE PARTY OF THE SECOND PART IN WARRANTY DEED
RECORDED AS RECEPTION NO. 238257 IN BOOK 385 AT PAGE 325 IN
THE OFFICE: OF THE GARFIELD COUNTY CLERK AND. RECORDER.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues .
and profits thereof ; 'and' all the estate, right, title, interest, claim and demand whatsoever, of the said
parties of:the>first part-either'in law or equity, of in and to the above bargained premises, with- •
the hereditaments and appurtenances,
•
TO HAVIi.AND TO. HOLD tite said premises .above.bargaixied and described, with the appurte-
nances unto Colorado fountain Junior College District
the said party of the second part: its 14 e14l anti signs forever._
And the said
i
James P. ricsianilti andRa rilond Niesianik
•
{ part tee- of the first part,
#Reis. I .
-far them sel v c. s / heirs, executors and- :adrninistrators, do • cdVeriant, grant, bargain and.-agree
its sLaccesSors - - {
to aud: �s ith the said ,party of :the second par t, ' keixs-..arid: assigns, that at .the time of the
ensealing and delis erk of these presents. they are
well seized of the premises above coif-
of good, sure, perfect, absolute and indefeasible estate of inheritance hi Jaw, in fee simple,
and ha Ve good right, full power and lawfiui authority, to giant, bargain, sell and convey the same in ■
manner and form aforesaid, and that the sa. me are free and clear trorn all former and-other f;ratzts,
bargains,- s .les,' liens, tares, assessinents and 'incur'ii ances of- ,,i n rotes m i bid or.ifaitire soever:,
.
PAE.:932
and the above bargained premises in
its successors'
the quiet and peaceable possession of the said party: of the second part, r ale and assigns,
against' all and every person or persons lawfully claiming or to claim the whole or any part thereof,
the said parties of the first part shall and will WARRANT AND FOREVER .DEFEND.
IN WITNESS WHEREOF, The said parties of the first part have hereunto set their
• hands and seals • the day antl . year first above.. written. . .
Signed, Sealed and Delivered ut Presence of. �� - - --, - l V [t % [SEAL]
James P. Nieslanik
[SEAL]
%- y tirL e •
a /mond.Nieslanilc
STATE OF COLORADO,
County of- Garfield
The foregoing instrument was acknowledged before me this
Iy /rr ,
ss.
by James P. Nieslanik and Nieslanik
My commission expires
Witness my hand and official seal.
day of ? }�
{
sir (r� t�17K C�
Notary' Public,
7f bynaturei person or•nelsons here insert name or names; if by person acting in representative or official capacity or so - ottemey -
sn-fa t, then insert name -of: person. as executor, attorney-in-fact., or other capacity or description; if by officer of corporation, then insert
-name of such officer or officers;' no the president "or other officers of such corporation, naming it
II.1.b.2.b. - Lease
Spring Valley Compressor Station
EXCLUSIVE LEASE TO
ROCKY MOUNTAIN NATURAL GAS LLC
KNOW ALL MEN BY THESE PRESENTS:
That COLORADO MOUNTAIN JUNIOR COLLEGE DISTRICT, ( "Lessor "), for itself, its
successors, or assigns, for and in consideration of the sum of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, does hereby grant,
convey and confirm unto, ROCKY MOUNTAIN NATURAL GAS LLC, whose address is 370 Van
Gordon Street, Lakewood, CO 80228, its successors and assigns (collectively, "Lessee "), an exclusive
lease (the "Lease ") for the (1) the installation, construction, maintenance, alteration, repair, replacement,
reconstruction, operation, upgrade, and removal of a natural gas compressor station, together with
facilities appurtenant thereto, including, but not limited to, buildings, guardrails, fences, valves,
regulators, underground and aboveground gas pipelines, and other appurtenances and devices used or
useful in connection therewith (hereinafter collectively referred to as "Gas Equipment "), (2) as well as
for the installation of other utilities necessary to operate or maintain the Gas Equipment - including but
not limited to electric, gas, and telecommunications, (3) the removal of objects interfering with the Gas
Equipment or the exercise of Lessee's rights hereunder and (4) use and reasonable ingress and egress.
The property that is subject to this Lease is legally described as a portion of:
Section 4, Township 7 South, Range 88 West, of the 6th Principal Meridian, County of Garfield
and State of Colorado (the "Property "), as described and shown on the attached "Exhibit A ".
This Lease is subject to the following terms and conditions, to wit:
1. This Lease and rights hereby granted are exclusive and are subject only to the currently
existing easements, exceptions, reservations, encumbrances, rights -of -way, variances and /or agreements
of record, none of which shall interfere with the exclusive rights herein,. Lessor agrees not to perform
any act that will impair the structural integrity of, interfere with, or endanger said Gas Equipment.
Without limiting the foregoing, Lessor shall not, without the prior written approval of Lessee, alter the
existing ground elevations or change the compaction of the soil on the Property.
2. The initial term of this Lease shall be for the term of 240 months from 1st day of pre
2011, unless earlier terminated pursuant to paragraph 19 of this Lease. So long as Lessee is in
compliance with the terms under this Lease, Lessee shall have the right to extend this Lease for one
term(s) of equal length and at the rental rate as provided below.
3. A condition precedent to the Lessee's obligation to pay the consideration set forth in
paragraph 4 shall be Garfield County's ( "County ") issuance of land use and construction permits
necessary for the Lessee to construct the Gas Equipment and Avon -Rifle Pipeline project and all terms
and conditions of of the same are acceptable to the Lessee. At its sole expense, Lessee shall submit to
the County an application for location and extent review of the proposed Gas Equipment, and if the
County's replatting requirements are satisfactory to the Lessor and Lessee, Lessee shall amend the
Colorado Mountain College Planned Unit Development guide to allow for the Gas Equipment and the
proposed uses of Lessee and shall submit an application to the County for the Gas Equipment in
accordance with the level of review (if any) required by the amended Colorado Mountain College
Planned Unit Development. All applications shall be subject to review and approval by Lessor, in its
sole discretion, prior to submittal. Should the necessary County approval terms and conditions not be
acceptable to the Lessee or approval not be granted by the County, this Lease shall terminate and the
parties shall be released from all rights and obligations hereunder.
4. Upon County approval of the Lessee's conditional use permit which is satisfactory to the
Lessee, Lessee shall pay a lump sum rental fee of Two Hundred Forty Thousand Dollars ($240,000.00)
for the first 240 months of this Lease's term. Upon renewal for an.additional term the fee shall be the
higher amount of either Two Hundred Forty Thousand Dollars ($240,000.00) or the adjusted amount
based upon the then - current Consumer Price Index (CPI). Lessee shall provide Lessor written notice
Page 1 of 5
within 180 days of the end of the initial term whether Lessee intends to renew the Lease. If no notice is
provided, the Lease shall tenninate at the end of the initial term.
5. That Lessee, its successors, assigns, agents, contractors or subcontractors shall also be
permitted to use the Property as a site for the loading, unloading, storage and /or for double jointing or
other fabrication, construction, or alteration of pipe, and /or any other material used by or useful to
Lessee in its proposed construction of a pipeline or pipelines for the transportation of natural gas.
6. At the termination of this Lease, Lessee shall restore the Property to as near to its original
condition at the execution of the Lease as is reasonably possible.
7. All the terms, conditions and covenants of this Lease shall, during its continuance, be
binding upon the parties and their successors and assigns.
8. Lessor is a tax exempt entity. Lessee shall be responsible for payment of all real and
personal property taxes, general and special assessments of every description, levied or assessed upon
the Property during the term of this Lease arising from this Lease and /or Lessee's use of the Property
During the term of this Lease, Lessee shall pay and discharge as they become due, promptly and before
delinquency, all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or
imposts, of every name, nature and kind whatsoever, which may be levied, assessed, charged, or
imposed, or which may become a lien or charge on or against the Property, or any part of the Property,
any building or buildings or any other improvements now or hereafter on the Property, the leasehold of
Lessee in and under this Lease, or on or against Lessee's estate created by this Lease that may be a
subject of taxation, during the Lease term. Lessee agrees to protect and hold harmless the Lessor and the
Property, all interest therein and improvements thereon, from lawfully assessed taxes and assessments,
which are responsibility of Lessee herein, including any interest and penalties which may be thereby
imposed, and from any lien thereon arising from non - payment of said taxes. If the Lessee fails to make
payment of such taxes, assessments and other charges prior to delinquency, the Lessor may at its option
make the same and in such event, the Lessee shall, on demand, repay to the Lessor the amount so paid by
Lessor, together with interest at the rate of eight percent (8.0 %) per annum from the date of payment by
Lessor.
9. Lessee shall pay all charges for utilities provided to the Property during the term and any
extended tern of this Lease.
10. The Property shall not be used for any illegal purpose, nor in any mariner so as to create
any nuisance or trespass. Tenant shall not commit or allow any waste or nuisance upon the Property or
Lessor's remaining property, and shall maintain the Property in a clean, neat, and orderly condition.
Lessee shall keep the Property free and clear of any liens for labor performed thereon or for materials
furnished to the Lessee, or Lessee's contractors or subcontractors, or any other person claiming any right
to lien for any reason upon the Property. Lessee shall indemnify Lessor for any and all liability on
account of or in respect of any mechanic's lien or any other lien in the nature thereof for work and labor
done or materials furnished at the request of the Lessee, for work (in the form of labor and /or materials)
performed upon the Property; and, accordingly, Lessee will either satisfy any such lien or, if Lessee
disputes the validity thereof, will defend any action for the enforcement thereof (and if Lessee loses any
such action, will cause such lien to be satisfied and released).
11. Lessee shall obtain any and all necessary licenses or pennits, required by law to operate
Lessee's business. Lessee shall promptly comply with all laws, ordinances, rules, regulations,
requirements, and directives of the federal, state, and municipal governments or public authorities and of
all their departments, bureaus and subdivisions, applicable to and affecting the use and occupancy of the
Property, and shall promptly comply with all applicable orders, regulations, requirements and directives
of all governing regulatory agencies and of any insurance companies which have issued or are about to
issue policies of insurance covering the Property and its contents, for the prevention of fire or other
casualty, damage or injury, all at Lessee's own cost and expense. Compliance and all expenses of
compliance with such laws, ordinances and regulations shall be the responsibility of Lessee.
12. This Lease together with exhibits incorporated herein by reference, if any, embodies the
whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those
contained herein; and this Lease shall supersede all previous communications, representations, or
agreements, either verbal or written between the parties.
Page 2 of 5
13. If any part, term or provision of this Lease is, by a court of competent jurisdiction or
regulatory authority having jurisdiction over said land held to be illegal, void, or unenforceable, or to be
in conflict with the law of the state in which said land lies, the validity of the remaining provisions or
portion hereof shall not be affected, and the rights and obligations
14. It is understood that this Lease does not constitute a conveyance of the land described
herein or of the minerals therein and hereunder but grants only the rights provided above.
15. Lessee's Gas Equipment shall be designed, constructed, tested, and operated in
accordance with applicable safety rules and regulations published by federal and /or state regulatory
agencies having jurisdiction. If no such government safety rules apply, then applicable industry
standards and practices shall be complied with. Upon request from Lessor or the owner of any of the
land crossed by or situated within five hundred feet (500') of said Gas Equipment, Lessee will provide
written certification that the Gas Equipment was so designed, constructed, and tested and is being so
maintained and operated.
16. Lessee hereby assumes all liability for and agrees to pay for all damages, including
environmental damages, and all losses resulting from such injuries and damages arising out of and
directly attributable to Lessee's, its agents or assigns use of the Property, and agrees to indemnify Lessor
and save Lessor harmless from any and all claims, demands, and causes of action for damage to property
or injury to or death of persons or for environmental damage, including any claims arising under the
Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and other
applicable federal and state environmental laws, which may arise from the Lessee's actions except to the
extent that such claims, demands, or causes of action result from a pre - existing environmental condition,
Lessor's negligence or willful misconduct.
17. Subject to the limitations set forth herein, in the event of release of contamination on
Lessor's lands, or any other surrounding land, from Lessee's pipeline or from the Gas Equipment Lessee
shall immediately notify Lessor and /or the other property owner of such release. Lessee agrees to
remove such contamination introduced by the Lessee and to restore the land, surface and below - ground,
as nearly as is practicable to the condition in which it existed prior to such release. Notwithstanding the
foregoing, Lessee shall not be liable to the Lessor or third party for any pre - existing contamination in the
Property or surrounding properties.
18. Lessee shall, at its expense, provide and keep in force the following insurance coverages
for the benefit of Lessor and Lessee:
(a) Fire and extended coverage insurance insuring all improvements, fixtures, inventory,
furniture and equipment against physical loss, for the full replacement cost thereof with the broadest
possible coverage ( "all risk form ");
(b) Comprehensive commercial general liability insurance with limits of not less than one
million dollars ($1,000,000) combined single limit per occurrence against claims for personal injury
liability, including, without limitation, bodily injury, death and property damage, covering (a) the
businesses operated on the Property, (b) operations of independent contractors engaged by Lessee for
services on the Property and (c) contractual liability overage for, among other things, the performance by
Lessee of the indemnity agreements set forth herein;
(c) Workmen's compensation insurance insuring against and satisfying the workmen's
compensation laws of the State of Colorado;
Lessee's insurance, as described above, (other than worker's compensation insurance) shall name
Lessor and such other parties that Lessor may specify from time to time as an additional insured party.
Lessee shall furnish to Lessor evidence of such insurance and required endorsements on or before the
effective date of this Lease and at such other times as Lessor may require. Such insurance shall require
that the insurance company provide not less than thirty (30) day notice by certified mail to Lessor of any
cancellation or any change thereof.
19. If Lessee should fail to pay any rent installment or other uncontested monetary obligation
hereunder within thirty (30) days after receipt of written notice from Lessor of such default, or, if default
Page 3 of 5
shall be made in any of the other covenants or agreements herein contained and such default shall
continue for a period of forty -five (45) days after written notice is provide by Lessor to Lessee; or if a
petition for voluntary or involuntary bankruptcy or reorganization under the Bankruptcy Act is filed as to
Lessee; or if a receiver is appointed for Lessee's property; or if, whether voluntarily or involuntarily,
Lessee takes advantage of any debtor relief proceedings under any present or future law, whereby the
rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred; or if Lessee makes
an assignment for the benefit of creditors; or if Lessee's effects should be levied upon or attached under
process against Lessee; then, and in any of said events, Lessor, at its option, may terminate this Lease by
written notice to Lessee whereupon this Lease shall terminate and possession of the Property shall be
returned to Lessor. . Lessor or its attorney may give any notice provided in this paragraph. Lessor
acknowledges that it will take the Lessee a period of time to remove its Gas Equipment and to surrender
the Property to the Lessor upon the lawful termination of this Lease pursuant to this section 19, Lessor
may institute appropriate legal proceedings and Lessee agrees the Lessor may obtain injunctive relief for
removal of Lessee should Lessee's leasehold become subject to termination hereunder. Lessor may bring
and maintain an action to recover unpaid rent and any other sums due for damages, claims and losses of
Lessor as a result of Lesse's default, together with interest at the rate of twelve percent (12 %) per annum
from the date of loss, damage, or payment made by Lessor and reasonable costs and attorneys fees.
20. The rights granted herein shall not be assigned or subleased by Lessee, in whole or in
part, to any party other than Public Service Company of Colorado without the prior written consent of
Lessor, which consent shall not be unreasonably withheld. Any purported assignment made without the
prior written consent of Lessor is void.
21. The rights granted herein shall be binding upon and inure to the benefit of the parties
hereto, their administrators, successors, assigns, and legal representatives.
22. The obligations undertaken by Lessee hereunder shall be deemed covenants running with
the land and shall inure to the benefit of all persons claiming an interest in the Property, or any portion
thereof, through the parties hereto, including the heirs, executors, administrators, personal
representatives, successors, and assigns of Lessor and Lessee. "Lessor" shall include the singular, plural,
feminine, masculine and neuter.
IN WITNESS WHEREOF, Lessor has hereunto set its hand this - ? day of is s
20 If .
LESSOR:
COLORA 0 MOUNTAIN JUNIOR COLLEGE DISTRICT ROCKY MOUNTAIN
LESSEE:
By:
Its: Steve Boyd
Purchasing and Contracts Manager
STATE OF COLORADO)
COUNTY OF GARFIELD)
On this)p2' day of
) ss
and sta e, personally came th'above- named,
NAT RALGAS LLC
Bv:
Title:
, 20(/ before ui a nota public, in did for said county
Page 4 of 5
of Colorado Mountain Junior College District who is
identical person whose name is affixed to the above
their voluntary act and deed.
IN WITNESS WHEREOF I have hereunto set my han
above written.
6/481zDR
My Commission Expires
STATE OF La
S ) ss
COUNTY OF 4-F�� )
personally known to me and known to me to be the
instrument and acknowledged the i tut e tizto be
l�..�.... 4
0.
d and affixed my notary seal e ayCdgea'rlatp
Notary P i
17
On this Z7 -;--day of AO �u c , 201/ before me, a n taffy public, in and for said county
and state, personally came the above - named, v ,e -ett _ aV eTE' ( of Rocky
Mountain Natural Gas LLC who is personally known to me and known to me to be the identical person
whose name is affixed to the above instrument and acknowledged the instrument to be their voluntary
act and deed. .
IN WITNESS- WHEREOF I have hereunto set my hand and affixed my notary seal the day and year last
above written.
2�/7 -7_0/
My Commission Expires
Page 5 of 5
Notary
P
PROPERTY EXHIBIT
RIFLE TO AVON COMPRESSOR SITE
SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH P.M.
COUNTY OF GARFIELD, STATE OF COLORADQ
SE1 /4NE1/4
SEC. 4
OWNER:
COLORADO MOUNTAIN
JUNIOR COLLEGE DISTRICT
(2393 - 042 -00 -034)
— CENTER 1/4 CORNER
SECTION 4
A 3-1/4" GARFIELD
COUNTY SURVEYOR
BRASS CAP IN PLACE
COMPRESSOR SITE
N00'21'31 "W 550.00'
S89'4631 "E 400.00'
COMPRESSOR SITE
5.050 ±ACRES
(BASIS OF BEARINGS)
N89•46'31 "W 400.00'
OWNER: POWERS. JOHN P
1 /390 / BABICKA, LYNN P
1/3RD / BOHART. JAMES T JR.
1/6TH / B0881 JEAN 1 /6TH
(2393- 033 -00 -033)
S00'21'31 "E 550.00'
OWNER:
J & S NIESLANIK LLLP
(2393- 032 -00 -0321
00 N89'46'31 "W 563.16' /
POINT OF BEGINNING] EAST 1/4 CORNER/
SECTION 4
A 3 -1/4" GARFIELD
COUNTY SURVEYOR
NE1/45E1/4 BRASS CAP IN PLACE
SEC. 4
A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 7 SOUTH, RANGE 88
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL OF LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
•
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 4, A 3 -1/4" GARFIELD COUNTY SURVEYOR
BRASS CAP IN PLACE; THENCE N89'46'31 "W ALONG THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER
A DISTANCE OF 563.16 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY
BOUNDARY N89'46'31 "W A DISTANCE OF 400.00 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY
N00'21'31 "W A DISTANCE OF 550.00 FEET; THENCE S89'46'31 "E A DISTANCE OF 400.00 FEET; THENCE
S00'21'31 "E A DISTANCE OF 550.00 FEET TO THE POINT OF BEGINNING SAID PARCEL OF LAND CONTAINING
5.050 ACRES MORE OR LESS.
HIGH COUNTRY ENGINEERING, INC.
1517 BLAKE AVENUE, STE 101
GLENWOOD SPRINGS, CO 81601
PHONE (970) 9458678 FAX (970)9455555
W W W.HCENG.COM
SOURCE GAS. LLC.
RIFLETOAVON COMPRESSORSTTE
PROPERTY EXHIBIT
GARFIELD COUNTY
STATE OF COLORADO
ORAWN9Y. SCALE
RPK 1 "= 100'
CHECKED BY.
FWH
PROJECT NO:
2111611,00
DATE PAGE:
47 -11 1OF1
FILE
J/ wnV2,1/ 1611 /DVIG /DOIRTS /EAMIENfEWIBRSOHG