HomeMy WebLinkAbout20131145.tiffRESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF COUNTY ROAD 108 RIGHT-OF-WAY AND AUTHORIZE CHAIR
TO SIGN - NOBLE ENERGY, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Nonexclusive License Agreement for
the Upgrade and Maintenance of County Road 108 Right -of -Way between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf
of the Department of Public Works, and Noble Energy, Inc., 1625 Broadway, Suite 2200, Denver,
Colorado, 80202, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Nonexclusive License Agreement for the Upgrade and Maintenance of
County Road 108 Right -of -Way between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Public
Works, and Noble Energy, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2013.
ATTEST:
Weld County Clerk to the Boar
BY:
( /
Deputy Cle ao the Board
APPRO D ' S TO F
y Attorney
MAY 1 6 2013
Date of signature:
OARD OF COUNTY COMMISSIONERS
LD 2�•,,+ , COLORADO
Sean P. P.
won
Mike Freeman
4 — t
arbara Kirkmeypr
Co.Cc Tu0
2013-1145
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: May 6, 2013
FROM: Donald Carroll, Engineering Administrator
Public Works Department
SUBJECT: Agenda Item
Please submit this enclosed item for the Board's next agenda:
Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County
Right -of -Way with Noble Energy Inc. to utilize Weld County Road 108 section line
access east of WCR 119 for an distance of one mile to their drill site.
Enclosures
pc: Planning staff
M iDon\AgendallonExclusiveLicAgree. docx
2013-1145
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of
, 20_, by and between WELD COUNTY, COLORADO, by and through the Board
of County mmissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley,
Colorado 80632, as First Party, and Noble Energy Inc.
, as Second Party whose
address is 1625 Broadway, Suite 2200, Denver, Colorado 80202
WiTNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
Southeast 1/4 of Section I , Township 9 North, Range 59 West of the 6`r'
P.M. in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 108 for a distance of I mile
East of WCR I I9 and located as follows: 60 feet of Right -Of -Way
between Sections I
and 12 , Township 9 North, Range 59 West, in Weld County, Colorado, which is hereinafter referred to as
"ROW," and
WHEREAS, ROW is currently not being maintained by First Party, and
WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense
in order to provide said more effective access.
NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said
Second party to be performed hereunder, and upon the conditions herein stated, First Party does grant to
Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating
or fencing across the same.
The conditions by which Second Party may upgrade and maintain ROW are as follows:
I . First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason,
but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second
Party's property, to the extent that such continued use is consistent with the right of the public to use
the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive
License Agreement at least ninety (90) days prior to the intended date of revocation. Such notice shall
be sent to Second Party by Certified Mail to its address written above or served upon Second Party in
accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of
informing First Party of Second Party's change in address from his address written above.
The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably
prescribed by First Party, which manner shall include, but not be limited to, the following:
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Steve Moreno, Clerk and Recorder, Weld County CO
VIII 14!��11lC�I�ti �1 'I��'.F Lid V011%11'0044 II II
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a. ROW shall be constructed and maintained as a graded and drained all-weather road. The
access width requirements for emergency equipment (fire department) are a minimum of 20
feet
b. If the installation of a cross culvert is required through an existing drainage pattern or ditch,
Second Party shall be responsible to supply and install such culvert, which shall be inspected
by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be
responsible to maintain the culvert after its installation, including periodically cleaning the
same.
c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and
install such cattle guard, which shall meet County standards. Second Party shall be
responsible to maintain the cattle guard after its installation, including periodically cleaning
the same.
d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for
private use, but is intended to provide access to private property.
e. Prior to commending work within the ROW, Second Party shall, through the services of a
licensed registered surveyor hired and paid for by Second Party, mark the location of the
exterior boundaries of the ROW.
3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in
Paragraph I., above, or any other requirements stated by First Party, shall be at its own expense and
without the aid or use of Weld County funds. Second Party shall be responsible for snow removal
from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein.
4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party,
its successors, assigns, employees, and agents from any damage or loss sustained by them or any of
them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance
of the ROW.
5. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it
harmless from any and all third party claims and damages that said upgrade and maintenance may
directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party
hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and
damages of whatsoever character to property owned by Second Party resulting from any act, either on
the part of the First Party or on the part of any third party.
6. Other than assignments in connection with the mortgage or sale of all or substantially all of the Second
Party's assets or equity interests in Second Party, for which no consent shall be required. Second
Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first
obtaining written consent to such assignment from First Party, which consent shall not be
unreasonably withheld.
2
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Steve Moreno, Clerk and Recorder, Weld County, Co
■III I�dll'ylLi';�I�S' �4��Z N'� a'M��'KL�I�III �� f
7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject
matter of th is instrument other than expressly set forth herein, and no oral representation, promise, or
consideration different from the terms herein contained shall be binding on either party hereto, or its
agents or employees. This Nonexclusive License Agreement embodies all agreements between the
parties hereto and there are no promises, terms, conditions, or obligations referring to the subject
matter whereof other than as contained herein.
8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any
person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this
Nonexclusive License Agreement, or the application of such terms or provisions, to a person or
circumstances other than those as to which it is held invalid or unenforceable, shall not be affected,
and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and
enforceable to the extent permitted by law.
9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor shall any portion of this
Nonexclusive License Agreement be deemed to have created a duty of care which did not previously
exist with respect to any person not a party to this Nonexclusive License Agreement.
10. It is expressly understood and agreed that the enforcement of the terms and conditions of this
Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall
give or allow any claim or right of action whatsoever by any other person not included in this
Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity
other than the undersigned parties receiving services or benefits under this Nonexclusive License
Agreement shall be an incidental beneficiary only.
1 1. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs
identifying the section line road intersection for the use of addressing and emergency response. The
blue and white signs identify a non -maintained County right-of-way. Distance and location from the
nearest maintained County road may require additional information signs. If existing signs are in
place, the fee may be waived.
12. There shall be a $100.00 fee for the Nonexclusive License Agreement.
It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and
conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns.
3
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Steve Moreno, Clerk and Recorder, Weld County, Co
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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO
0
ATT);ST:ewae.�'IrV1E.51_° 4�1,,°
Clerk to he Board �� 1 `+x•`
By:
William F. Garcia , Chair
Boo41,d®o lid County Commissioners
NAME
By:
SUBSCRIBED AND SWORN to before me this day of
By Joseph H. Lorenzo
WITNESS my hand and official seal
My commission expires:
M:IAGREEMENTS\Non-exclusive\AGR.EEMENT I'ORM.doc
4
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Steve Moreno, Clerk and Recorder,
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Notary Public
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KERI J. MILLER
Notary Public
State of Colorado
My Commission Expires July 11, 2015
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NON-EXCLUSIVE LICENSE AGREEMENT MAP
WCR 108
T9N-RS9W
Weld County, Colorado
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Maintained County Road
,,,M ■MI Proposed Access on Section Line ROW
NON-EXCLUSIVE LICENSE AGREEMENT
Proof of Right -of -Way
WCR 108
T9N-R59W-Sections 1 & 12
Weld County, Colorado
Pursuant to the Weld County Board of County Commissioners Order dated October, 12 1889 (Book 86,
Page 273), "...all section and township lines on the public domain of the United States, within the County
of Weld and the State of Colorado...are, declared to be the center of public highways or County roads,
which said roads shall be and hereby are declared to be roads 60 feet wide, being 30 feet on each side of
said section and township lines..."
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NON-EXCLUSIVE LICENSE AGREEMENT
Offset Owner Notification
WCR 108
T9N-RS9W
Weld County, Colorado
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TIMBRO RANCH &
CATTLE CO LLC
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PATRICK _I
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Attached are the Certified Mail Receipts notifying all offset surface owners of Noble Energy's
proposal to utilize section line right-of-way as access to our operations.
U.S. Posta ervicen.
CERTIFIED MAIL, RECEIPT
(Domestic Nall Only; No In somas ! Coverage Provided)
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RBSP'[!ed Du',very Fe,
(Er ots,r'..m: Rey,:rc�',
7012 3050
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Timbro Ranch & Cattle Company, LLC.
P.O. Box 367
Springfield, Nebraska 68059
U.S. Postal Service -r.,
CERTIFIED MAIL, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
Cen.:.ect Fee
Return Receipt Fee
rEndersement Requires)
Restricted Detvery Fee
(Enu,rsernent Requires)
Postmark
Hard
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Patrick J. Woods
5564 South Huron
Littleton, Colorado 80121
80, Grand Ave.
Platteville, CO 60651
Tel: 970.785.5000
Fax' 970.785.5095
vrv.'w. nobleenergyi nc<on';
Land Department
renoble
energy
May, 1 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Article #: 70123050000110244714
Timbro Ranch & Cattle Company, LLC.
P.O. Box 367
Springfield, Nebraska 68059
Re: Section Line Access along WCR 108
Township 9 North, Range 59 West, 6"' P.M.
Section 1: S/2SE/4
Section 12: N/2N/2
Weld County, Colorado
Dear Mr. Timmerman:
Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 108
between WCR 119 and WCR 121 (1 mile) to access proposed oil and gas operations. As these operations
will add traffic along the current access road, the Weld County Public Works department requires that all
adjacent landowners be notified.
Please acknowledge that you have been notified as to the use of section line access by signing and
returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your
signature on the certified mail receipt will also acknowledge notification.
Please feel free to contact me with any questions.
Regards,
NOBLE ENERGY, INC.
Cody Bal
Land Negotiator
Ronald Timmerman, Member
Date:
cc: Weld County Public Works
(WCR 108) Non -Exclusive License Agreement
804 Grand Ave.
Platteville, CO 80651
Tel:: 970.785 5000
Fax: 970.785.0000
a^: ^.v. nobleenergyinc.com
Land Department
,o noble
energy
2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Article d1: 70123050000110244707
Patrick J. Woods
5564 South Huron
Littleton, Colorado 80121
Re: Section Line Access along WCR 108
Township 9 North, Range 59 West, 6i1' P.M.
Section 1: S/2SW/4
Weld County, Colorado
Dear Mr. Woods:
Noble Energy, inc. is requesting use of Weld County's section line right-of-way located along \VCR 108
between WCR 119 and WCR 121 (1 mile) to access proposed oil and gas opertitior.r. /.s these operations
will add traffic along the current access road, the \Veld County Public Works department requires that all
adjacent landowners be notified.
Please acknowledge that you have been notified as to the use of section line access by signing and
returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your
signature on the certified mail receipt will also acknowledge notification.
Please feel free to contact me with any questions.
Regards,
NOBLE ENERGY, INC.
Cow Ball
Land Netiator
Patrick J. Woods
Date:
cc: Weld County Public Works
(WCR 108) Non -Exclusive License Agreement
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