HomeMy WebLinkAbout20132626.tiffRESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 55 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 55 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 55 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 18th day of September, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
WELD Q,@J{TY, COLORADO
ATTES
6w -a a, - a e.ice.—
Weld County Clerk to the Board
Date of signatureEp 2 6 2013
Barbara Kirkmeyer
William F. Garcia, Chair
c
2013-2626
EG0068
MEMORANDUM
TO: Cleric to the Board DATE: September 16, 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 to utilize Weld County Road 55 section line access
North of WCR 22 section line for an distance of one-half mile to access their drill site.
Enclosures
pc: Planning staff
M:\Don\AgendallonExclusiveLicAgree. docx
2013-2626
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
pTH1 NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this lay of
_ , 2013 , by and between WELD COUNTY, COLORADO, by and through the Board
of C unty Commissioners 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, CO 80202
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
N/2S/2 of Section 10 , Township 2 North, Range 64 West of the 6th
P.M. in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 55 for a distance of
1/2 mile North of WCR 22 and located as follows: 60 feet of Right -Of -Way
between Sections 9
and 10 , Township 2 North, Range 64 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 mayupgrade 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 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.
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:
3968135 Pages: 1 of 6
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Steve Moreno, Clerk and Recorder, Weld County, CO
AIR 11111
de/3.- :-26.�
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 aminimum of20
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.
2
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Steve Moreno, Clerk and Recorder, Weld County, CO
■III M�PIQY:P+`h W04;li1} 6k�'R'�aW4i:NW,Mai, till
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 $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.
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Steve Moreno, Clerk and Recorder, Weld County, CO
®III II!�.rNPrPI4:45,4 11111 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: 6 ia(;;;)L.ka..
Clerk to Board
By: By:
Deputy C
SECOND PARTY: Noble Energy, lee.
NAME
By:
Joseph H
Attorne
r`v
'Mara F. Garcia , Chair
SEP 1 8 2013
NAME
By:
SUBSCRIBED AND SWORN to before me thisday of
By Joseph H. Lorenzo
WITNESS my hand and official seali&jh6(
My commission expires:
M:WGREEMENTS\Non-exclusive\HGREEMENT FORM.doc
4
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Steve Moreno, Clerk and Recorder, Weld County, CO
RIII Mcraglir 'IK: SW:I :IN MU III
Notary Public
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Township 2 North, Range 64 \YGSl, 6th P.M.
Sections: 9 C: 1O
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3968135 Pages: 5 of 6
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Steve Moreno • Clerk ' and Recorder, Weld '�I �,� `�1 �Ifl ,
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HP FARMS HOLDINGS LLC GUTTERSEN RANCHES LLC WASTE MANAGEMENT CORP
HP FARMS HOLDINGS LLC
GUTTERSEN RANCHES LLC
PIONEER COMMUNITIES HOLDINGS LLC
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HP FARMS HOLDINGS LLC
PUBLIC SERVICE CO OF COLO
PIONEER COMMUNITIES HOLDINGS LLC
PIONEER COMMUNITIES HOLDINGS LLC
HP FARMS HOLDINGS LLC9
P FARMS HOLDINGS LLC
JAM I
JAM INVESTME
JAM INVESTMENTS
COLORADO STATE OF
THISEN WALTER
OPER JAMES CHRISTOPHER
MIREZ GLORIA
ENRQUGHTY DONALD C
WASTE MANAGEMENT CORP3
WASTE MANAGEMENT CORP
WASTE MANAGEMENT CORP
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3968135 Pages: 6 of 6
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Steve Moreno. Clerk and Recorder: Weld County, CO
HP FARMS HQ INGS LLC
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WASTE MANAGEMENT CORP
DRAJ LLC
NOVAK DWAYNE P
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MAROLF ELMA J
FEATHER JERRY L
FEATHER JERRY L JERVIS JOHN
FEATHER JERRY L
BROWN PETER M
BROWN FREDERICK BLAINE WEST VERN J KOVANDA CHARLES W
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RAMIREZ JESUS
KOVANDA CHARLES W
WILCOX GLENDA R DRAPER RANDALL M
SCENA DAWN MWROBLEWSKI DONALD JOSEPH JR •
- CLEMENSON MICHAEL R
PRALLE CRAIG E
SEVIER ROBERT O
SEVIER ROBERT O WILDER ALFRED P
LAW KYLE THOMAS
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GERKIN CARO4.E A
PERKINS P DAV DGERKIN CAROLE AGERKIRI CAROLE A
KELLER FAMIL`! LIMITED PARTNERSHIP LLLP
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MINNE FREDRIC
FELeE SHERL A
ARNOLD BOYD A
ORS DAVID B
ARNOLD<BOYD A
Proof of Right -Of -Way
Township 2N, Range 64W, 6th P.M.
Sections: 9 and 10
*Note — It is believed the vacation indicated on the map is incorrectly labeled. A copy of County Clerk
and Recorder Book 17, Page 424 is attached.
Co. Rd. 20 Co. Rd. 55
100/794
see County Clerk and
Recorder book 658
page 113
3/9/1922
3/1C/1953
Petition to open road: Com-
mencing 54 corner Sec 22 t 2
P. 64; North 3 miles.
Also, Commencing SW corner Sac
17 7 2 P. Ea; East ct. ni1e5 to
R. R. R/W.
Viewers appointed.
Viewers _ epori: apprnved
declared public highway.
Petition to •vecate road:
Commencing SW corner Sec 13, 12, E.64:
East 2 miles.
Vacated
see Look, 17, pace 424
see Rook 313 page 115
sce Fico!k 27, pa9e 419
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Denver, Colorado 80216
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355 East 55th Avenue
Denver, Colorado 80216
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,Centennial, Colorado 80112
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rij Waste Management Corporation
a Attn: Bill Hedberg
11655 Weld County Road 59
Keenesburg, Colorado 80643
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Applicant
Name Tessa Kauffman
ACCESS PERMIT
APPLICATION FORM
Property Owner (If different than Applicant)
Name 1,JAS7E If rio Elvinil 0-4,R .
Company Noble Energy, Inc. Address `--R.0 . \'-\ O
Address 2115 117th Ave. City CI4ICACID State LZip (a069i
City Greeley State CO Zip 80634 Phone
Business Phone (970) 304-5152
Fax
E-mail tkauffman@nobleenergyinc.com
Parcel Location & Sketch
The access is sea WCR
Nearest Intersection: WCR 0 0 & WCR 55
Distance from Intersection 502M' %l
Parcel Number 13051 D00000Cp
Section/Township/Range /0/.24 (041(.v
Is there an existing access to the property? YES
Number of Existing Accesses
O
Road Surface Type & Construction Information
Asphalt Gravel X Treated _ Other
Culvert Size & Type 1J j A
Materials used to construct Access Road Base
Construction Start Date N/A Finish Date N/A
Proposed Use
❑ Temporary (Tracking Pad Required)/ $75
1e Small Commercial or Oil & Gas/$75
❑ Field (Agriculture Only)/Exempt
Fax
E-mail
LI= Existing Access L= Proposed Access
9
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WCR ao
o Single Residential/$75
o Large Commercial/$150
Is this access associated with a Planning Process? ion No
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance
❑ USR ❑ RE
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3
❑ Industrial/$150
❑ Subdivision/$150
❑ PUD ❑ Other
- Access Pictures (From the Left, Right, & into the access)
By accepting this permit, the undersigned Applicant, under penalty of perjury, verifies that they have received all pages of the permit
application; they have read and understand all of the permit requirements and provisions set forth on all pages; that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity; and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances, and state laws
regarding facilities constructio
Signature
Approval o nial will be issued in
Printed Name Tessa Kauffman Date 5( 1113
! 13
mum of 5 days. Approved by
WELD COUNTY ACCESS PERMIT
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970) 304-6496
After Hours: (970) 356-4000
Emergency Services: (970) 304-6500 x 2700
Inspection: (970) 304-6480
Permit Number: AP13-00186
Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado.
Project Name: Oscar Y10 Pads CR 55
Applicant Information:
Name:
Tessa Kauffman
Company: Noble Energy Inc
Phone: 970-304-5152
Email: tkauffman@nobleenergyinc.com
Location:
Access is on WCR:
Nearest Intersection WCR:
Distance From Intersection:
Number of Existing Accesses
Planning Process:
55
20
5280
Road Surface Type & Construction Information:
Road Surface: Gravel
Culvert Size & Type:
Start Date:
Finish Date: 11/29/2013
& WCR: 55
Materials to Construct Access: Class 6 Road Base
Required Attached Documents Submitted:
Traffic Control Plan: Certificate of Insurance:
Expiration date: 11/29/2013
Property Owner Information:
Name:
Company: Waste Management Corp.
Phone:
Email:
Proposed Use:
Temporary:
Single Residential:
Industrial:
Small Commercial:
Oil & Gas: Q
Large Commercial:
Subdivision:
Field (Agricultural
Only)/Exempt:
Access Pictures:
Yes
A copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to 1/2 HOUR BEFORE DARK (applies to weekends if approved)
Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work
Special Requirements or Comments
There is a non -constructed alignment across CR 20.
Approved by:
Janet Carter, Weld County Public Works Date: 5/31/2013
Print Date -Time: 5/31/2013 12:16:18PM
Report ID: PW00008v002
Page 1 of 1
804 Grand Ave.
Platteville, CO 80651
Tel: 970.785.5000
Fax: 970.785.5099
w.v.v. noblee nergyinc. co m
Land Department
'`4 noble
energy
April 2, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Article #: 70123050000110242802
Waste Management Corporation
Attn: Bill Hedberg
11655 Weld County Road 59
Ke.enesburg, Colorado 80643
Re: Section Line Access along WCR 55
Township 2 North, Ranae 64 West, 6°i P.M.
Section 10: W/2SW/4
Weld County, Colorado
Dear Surface Owner:
Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 55
between WCR 22 and WCR 24 (0.5 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 directly with any questions.
Regards,
NOBLE ENE 1j QY, INC.
Mike Rodine
Land Negotiator
WASTE MANAGEMENT CORPORATION
By: Bill Hedberg
Its:
Date:
cc: Weld County Public Works
(WCR 55) Non -Exclusive License Agreement
804 Grand Ave.
Platteville, CO 80651
Tel: 970.785.5000
Fax: 970.785.5099
www.nobleen erg yinc. corn
Land Department
ccnoble
energy
April 2, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Article #: 70123050000110242772
HP Farms Holdings, LLC.
9033 East Easter Place, Suite 112
Centennial, Colorado 80112
Re: Section Line Access along WCR 55
Township 2 North, Range 64 West, 6°i P.M.
Section 9: E/2SE/4
Weld County, Colorado
Dear HP Farms Holdings, LLC:
Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 55
between WCR 22 and WCR 24 (0.5 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 directly with any questions.
Regards,
NOBLE ENERGY, INC.
Mike Rodine
Land Negotiator
HP FARMS HOLDINGS, LLC.
By:
Its:
Date:
cc: Weld County Public Works
(WCR 55) Non -Exclusive License Agreement
804 Grand Ave.
Platteville, CO 80651
Tel: 970.785.5000
Fax: 970.785.5099
vr; ra. n o b l e e n e r g yi n c. c om
Land Department
nebte
energy
April 2, 2013
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Article #: 70123050000110242796
Mr. Douglas Wilson
355 East 55t1i Avenue
Denver, Colorado 80216
Re: Section Line Access along WCR 55
Township 2 North, Range 64 West, 611i P.M.
Section 9: E/2SE/4
Weld County, Colorado
Dear Mr. Wilson:
Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 55
between WCR 22 and WCR 24 (0.5 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 aclmowledge 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 directly with any questions.
Regards,
NOB ENERGY, INC.
22
Mike Rodine
Land Negotiator
Douglas Wilson
Date:
cc: Weld County Public Works
(WCR 55) Non -Exclusive License Agreement
NON-EXCLUSIVE LICENSE AGREEMENT MAP
WCR 55
Township 2 North, Range 64 West, 6th P.M.
Sections: 9 MO
Weld County, Colorado
S
MAINTAINED COUNTY ROAD
a cue I PROPOSED ACCESS ROAD ON SECTION LINE ROW
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