File #: 24-2411   
Type: Consent Agenda Status: Passed
File created: 12/9/2024 In control: Board of County Commissioners
On agenda: 12/17/2024 Final action: 12/17/2024
Title: Authorize an Easement to Peoples Gas System, Inc. and approve a Use Agreement between Peoples Gas System, Inc. and Polk County. Also approve an Amendment to Lease and Access Agreement between Polk County RNG LLC and Polk County all in conjunction with the sale of naturally produced gas at the North Central Landfill. (No fiscal impact)
Attachments: 1. 1st Amd to Lease and Access Agmt, 2. Easement and Use Agreement - Peoples Gas System, Inc. - NCLF - Backup

SUBJECT

title

Authorize an Easement to Peoples Gas System, Inc. and approve a Use Agreement between Peoples Gas System, Inc. and Polk County.  Also approve an Amendment to Lease and Access Agreement between Polk County RNG LLC and Polk County all in conjunction with the sale of naturally produced gas at the North Central Landfill.  (No fiscal impact)

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DESCRIPTION

Polk County previously entered into an agreement with New River Solid Waste Association to sell naturally produced gas at the North Central Landfill to Polk County RNG, LLC (“RNG”).  RNG has constructed a facility on a 5-acre portion of the landfill site which is leased to it by the County in conjunction with the agreement.  The gas that is produced is proposed to be sold to, and distributed by, Peoples Gas System, Inc. (“Peoples”).  Peoples has plans to construct a gas pipeline from the RNG facility to connect to its existing infrastructure in the area.  A 30-foot wide permanent easement has been identified over the County owned landfill site to accommodate the operation and future maintenance of the gas pipeline along with a temporary easement area to accommodate the construction of the pipeline.  An Easement and Use Agreement has been prepared and coordinated with Peoples which will allow, and set forth the terms, of the use of the easement and temporary easement areas.  Approving and authorizing the Easement and Use Agreement will give Peoples the easement needed to construct, operate and maintain its facilities in conjunction with the RNG operation.  The location of the easement has been modified since the lease with RNG was entered into so an Amendment to Lease and Access Agreement has been prepared to amend the easement description associated with the lease.

RECOMMENDATION

Request Board authorize and approved the aforementioned Easement and Use Agreement.  Also request Board approve the Amendment to Lease and Access Agreement.

FISCAL IMPACT

No fiscal impact.

CONTACT INFORMATION

R. Wade Allen, Director

Real Estate Services

863-534-2577