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Home My WebLink About20130351.tiffRESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 96 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 96 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 96 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 revised agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of February, A.D., 2013. ATTEST: Weld County Clerk to the Board BY: Deputy Cle APPR W t A orney Barbara Kirkmeyer / Date of signature. 1 3 2013 6'v - N o�Ve UNTY COMMISSIONERS OLORADO William F. Garcia, Chair 'Mike Freeman L ,. P -J 1 PL 2013-0351 EG0068 MEMORANDUM TO: Clerk to the Board DATE: January 29, 2013 FROM: Donald Carroll, Engineering Administrator yy6- 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 96 section line access east of WCR 89 to their drill site. Enclosures pc: Planning staff M:\Don\AgendallonExcl us ive L is Agree. docx 2013-0351 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this nolay of January , 201s , by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80632, as First Party, and Noble Energy lnc. address is 1625 Broadway, Suite 2200, Denver, Colorado 80202 WITNiSSF.TH: . as Second Party whose WHEREAS, Second Party desires to more effectively access property located at the NW4 of Section 10 , Township 8 North, Range 61 West of the 6" P.M. in Weld County. Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 96 for a distance of 1.0 miles East of WCR 89 and located as follows: 60 feet of Right -of -Way between Sections 4 and 9 , Township 8 North, Range 61 West, in \Veld 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: 1. 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 !'arty 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. 2. 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: 1 3910117 Pages: 1 of 7 02/14/2013 11:08 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Bill 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 1., 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. 3910117 Pages: 2 of 7 02/14/2013 11:08 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO • 11)FORNillIkkleirtilYJNMOOTIVilillfillyi,IIIIII 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this 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. 11. 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 $I 00.00 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. 3910117 Pages: 3 of 7 021/2013 Moreno, CleOrak and RecorderR , Weld County, CO IIIFalikiNellICIVIk"h Gt alTaflti010tlk,1IIII 3 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 ATTEST: `a`" Clerk to the Board Deputy{ SECOND PARTY: Noble Energy NAME By Jose o, Attorney Fad 9p egy By: William F. Garcia , Chair FEB 0 4 2013 NAME By: Toseph N Lorenzo SUBSCRIBED AND SWORN to before me this 1G day of January , 20 13 , By Joseph H. Lorenzo, Attorneyjn Fact WITNESS my hand and official seal My commission expires: 5 - �7-2D 15 M:\AGREEMENTS\Non-exclusive'AGREEMENT FORM.doc 3910117 Pages: 4 of 7 02/14/2013 11:08 RM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■�� hU�11 1NJOC 4'M hNlVAKI LUIVIA L',4414, II II OAPIt V Notary Public J c PUy; G ci OF y er;Yop',OH:l'.i1 rnissic:. 0764 4 5`V WCR89 GROUP LLC k WCR100 GROUP LLC • P w t.Tt TT°TT.", HOUSE AT CROW CREEK LL WCR89 GROUP LLC WCR89 GROUP LLC CROISSANT LARRY L • eir;- KNIGHT WCR89 GROUP LLC 33 • WCR89 GROUP LLC FRANKS PAUL D SIEVERS JAMES E LEVERS JAMES E-1/2 I SIEVERS JAMES E SEVERS JAMES E-1/2 INT SIEVERS GARY J VIVILLIAM J SIEVERS JAMES E WHITE BRYCE L (HEIRS OF) SIEVERS GARY J T r Tr WEIRS 9"GROUP tee-• •'HYATT E MENDOZA D EDAVIS CLARK D BENNETT JAMES C 3 CDX INVESTMENTS LLC 34HYATT MCKITTRICK HYATT MCKITTRICK S PAUL D 14 AM SIEVERS JAMES E-1/2 INT SEWERS GARY J & (3/4% INT) 1 SEVERS F & R LLC 9SIEVERS WILLIAM JEFFREY SIEVERS GARY J 1 6 COLORADO STATE OF RISON MITCHEL A CDX INVESTMENTS LLC WCR100 GROUP LLC ,.r - .ail SIEVERS F & R LLC SIEVERSF & R LLC 1 SIEVERS WILLIAM JEFFREY SIEVERS JAMES E-1/2 INT WCR100 GROUP LLC 5SIEVERSF&RLLC 3910117 Pages: 5 of 7 02/14/2013 11:08 AM R Fee:$0.00 Steve Moreno.. Clerk and Recorder. Weld County CO 11111 NilP.,ReitIIAl 01111 11 II - SilVERS GARY J (3/4% INT) SIEVERSF & RLLC SIEVERS GARY J GERALD L 3910117 Pages: 6 of' 7 02/14/2013 11:08 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, ■III I' 17 N lit i?P��' Iihw:I+'r+iw�frf'��F: U IVrAh�' "lic'i, �I 111 NON-EXCLUSIVE LICENSE AGREEMENT MAP WC R 96 Township 8 North, Range 61 West, 6th P.M. Sections: 4 & 9 Weld County, Colorado N 0 co,0 S I PROPOSED ACCESS ROAD ON SECTION LINE ROW /oD/5y< E 3910117 Pages: 7 of 7 02/14/2013 11:08 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder; Weld County CO ■III �+►I�.r��i�,moi,i r:L��'� M i fi PI ! K �1� i� TMi J' F'�� ETA II II NON-EXCLUSIVE LICENSE AGREEMENT Offset owner notification WCR 96 T8N-R61W-Sections 4 & 9 Weld County, Colorado SIEVERS JAMES E- 1/2 INT & SIEVERS SIEVERS GARY J & JAMES E - WILLIAM 1/2 INT & (3/4% INT) & FRANKS MARION E WCR100 GROUP LLC SIEVERS JAMES E SEVERS GARY J & (3/4% INT) SIEVERS GARY & SIEVERS J} E1FM1Y Attached are the Certified Mail Receipts notifying all offset surface owners of Noble Energy's proposal to utilize section line right-of-way as access to our operations. 2115 1171 Avenue. Greeley, CO 80634 Tel: 970.304.5000 Fax: 970.304.5096 www. nobleenerg yi nc. corn cnd Des9r—e— IAD noble January 2, 2013 CERTIFIED MAIL RETURN RECEIPT REQUESTED Article #: 70121640000245646509 Gary Sievers, James Sievers and William Sievers 43605 County Road 92 Briggsdale, Colorado 80611 Re: Section Line Access along WCR 96 Township 8 North, Range 61 West, 6th P.M. Section 9: N/2N/2 Weld County, Colorado Dear Surface Owners: Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 96 between WCR 94 and WCR 98 (1.0 miles) to access proposed oil and gas operations. As these operations will add traffic along the current access road, the Weld County Public Works department requires that all adjacent landowners be notified. Please acknowledge that you have been notified as to the use of section line access by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Please feel free to contact me with any questions. Regards, \RG C. eerrick Wbrden Land Negotiator ary Sievers Date: /—$-/-,2 Jar es Sievers Date:::[ q /c2 cc: Weld County Public Works (WCR 96) Non -Exclusive License Agreement William Sievers Date:' /ON- C Er) .A Ln n-i 0 C 0 C .r n C r III'I'�I��I��'I'I'll�l"I��I�III�III�I��II�IIIII�I�I'I'll' Gary Sievers, James Sievers and William Siev 43605 County Road 92 Briggsdale, Colorado 80611 ul CO co cI' N uo co Ni coM N-` N M Ni C) Ni Cl CJ Ni Ni f f C m KLL /Q3 . _ co LL i ..... C --.i _. t) mv LL a 'Anne Duck K a N a Q IS Due Sender if COD y a Actual Value if Registered Affix Stamp Here (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Dale of Receipt Handling Charge LL Ni N In N u) Ni In N V7 Ni In N Lo N Check type of mail or service: ❑ Adult Signature Required O Adult Signature Restricted Delivery M Certified Mail O Recorded Delivery (International) ❑ COD O Registered ❑ Delivery Confirmation ® Return Receipt for Merchandise ❑ Express Mail O Signature Confirmation ❑ Insured Postage 1.10 0 0 0 0 0 0 0 Addressee (Name, Street, City, State, & ZIP codaTM) Gary Sievers, James Sievers and William Sievers 43605 County Road 92 Briggsdale, Colorado 80611 • j Postmaster, Per (Name of receiving employee) Name and Address of Sender 1.70121640000245646509 2. N (h 7 N (O r o) Total Number of Pieces Receiv et Post Office Noble Energy, Inc. 2115 117th Ave Greeley, Colorado 80634 Date: Jan 2, 2013 Total Number of Pieces Listed by Sender 1 N O N IT co a 0 N 4) C r r CO M E O LL In a NON-EXCLUSIVE LICENSE AGREEMENT Proof of Right -of -Way WCR 96 18N -861W -sections 4 & 9 Weld County, Colorado Pursuant to the Weld County Board of County Commissioners Order dated October, 121889 (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, dedared 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.? Patent Date: Sec 4: SW4 — 1/2/1914 SEA — 4/2/1915 Sec 9: NW4 — 1/2/1914 :moo. G'J4tp Minn, CCr P. I .•1•lirl1a ha'am I Aly4•.e s0.• OM( in;0:91.4. COM= ....w (O V3 ht [c'4-sm --u 4'Nfv r4'i-'A1M M`• , WI m lr,wjrq (: ... 11.1. 0= Iv MO. 441b r.4:014 • we Igym '04.-N[N I&4 1 • woe ' M.ht• .icTc4 • 1s ttP 4;wA% M©N1 'IYAI x 4-!v WA -IX:M '.YT • W . t 4v G•. 4141 ..-sfli :MU .'v 0 M m'', :Ac, 4 N,l al.Y44A ' rktr. :! AV( I 4O4".o4. Iaa•'v4 4 ':wt MC•I•CCMi W'a: • 4.4 Source; btto//www.glorec»:Os.blmgov/ Sec9: E2-6/9/1913 Puttulu • brew I axis I aillne I Mit 2.1 3e! t [Wan i m-frI F•Wt< I w.• I racy "c m IOWA. DISC 01'14 :.XX CO 44,Pg COM• KW -a. • WY 1 tl 4i•taN tres. 1 lai LLT ls1a-CMF4: tow zrM-cc n' vs Ilia t•'JyrynAll'NYC (01514 CYST MAN Nth -NM i Cif 1 .W1 source: htto//www.glnreconis.blm.gov/ 11 N II IOZ N) N N 809 94d v O M II 11 11 11 8f! B sot N 164 II I! 81.8.4 II II II II ! 41-89 M N N N N 354 41. i•4 O N a) N N 0 Of. N 00 N 11 II II II 17 M N) 1 II "^;4 __`_-'3Q N c I K) 7. 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