HomeMy WebLinkAbout20130098RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 87 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 87 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 87 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 9th day of January, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the
BY:
Deputy Clerk
AP
Date of signature: JAN 1 5 2013
`
Id ,wiet, WoYou�
�/11- J , Is l 3
Ch
nobs
WELD CO
County Attorney
Y/ COLORADO
2
arcia, Chair
ougl&`s Rade
s-�
Sean P. Conway
Mike Freeman
Barbara Kirkmey¢r
TuU
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2013-0098
EG0068
MEMORANDUM
TO: Clerk to the Board DATE: January 2, 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 87 section line
access to their drilling site in section 17-8-61.
Enclosures
pc: Planning staff
M V Don AAgendallonExclusiveLicAgree_docx
2013-0098
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
December , 2012 , 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 Inc.
address is 1625 Broadway, Suite 2200, Denver, Colorado 80202
W ITNESSETI-I:
, as Second Party whose
WHEREAS, Second Party desires to more effectively access property located at the
SW4 of Section 17 , Township 8 North, Range 61 West of the 6t1
P.M. in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 87 for a distance of
1.1 miles North of WCR 90 and located as follows: 60 feet of ROW
between Sections 19
and 20 , Township 8
"ROW." and
North, Range 61 West, in Weld County, Colorado, which is hereinafter referred to as
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, TIIEREFORE, 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 arc 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 he limited to, the following:
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Steve Moreno, Clerk and Recorder Weld County, CO
Rini II
poi 3 -c&8
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.
2
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Steve Moreno, Clerk and Recorder. Weld County, CO
ill h?'irI III II
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
II III
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:
Clerk to the Board
By:
p'AA u bonus JI4 -u Seas
Deputy erk
SECOND PARTY: Noble Energy Inc.
NAME
By:
Jo
zo, Attorney in Fact fl
\, By:
William F. 'Garcia , Chair
JAN 0 9 2013
NAME
By:
SUBSCRIBED AND SWORN to before me this ' I day of December , 20 12
By YO66ph H Lcrer> to
WITNESS my hand and official seal
My commission expires: 5 -1 7, 2 o 15
M: \AGREEMENTS\Non-exclusive\AGREEMENT FORM.doc
,111,O
Notary Public
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Steve Moreno, Clerk and Recorder, Weld County Co
Ill Ell N,«i'� IiG�,NhGf It}i�,t+�Idi4Ct� 1,4+i1M l 11111
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NOTAQi,
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COLORADO DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ACCESS CODE
NOTICE TO PROCEED
CDOT Permit No.
412117
SH/S/MP
14C / 181.070 / L
Local Jurisdiction
Weld County
Permittee(s): Applicant:
James Sievers Noble Energy Inc.
Derrick Worden
43605 County Road 92 1625 Broadway
Briggsdale, CO 80611 Suite 2200
Denver, CO 80202
The permittee is hereby authorized to proceed with access construction within state highway right-of-way in
accordance with the above referenced State Highway Access Permit and this Notice to Proceed.
This Notice to Proceed is valid only if the referenced Access Permit has not expired. Access Permits expire
one year from date of issue if not under construction, or completed. Access Permits may be extended in
accordance with Section 2.3(11)(d), of the Access Code.
Adequate advance warning is required at all times during access construction, in conformance with the Manual
on Uniform Traffic Control Devices for Streets and Highways.
All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days
from initiation. The permittee or applicant shall notify the Department prior to commencing construction as
indicated on the Access Permit.
Both the Access Permit and this Notice To Proceed shall be available for review at the construction site.
This Notice to Proceed is conditional. The following items shall be addressed prior to or during construction as
appropriate.
Municipality or County Approval (When the appropriate local authority retains issuing authority)
By
(X)
Title
Date
This Notice is not valid until signed by a duly author zed representative of the Department
Colorado Department of Transportation
By
(X)
lrvn
UPI
^" 1
Tie
o s< ( 1
M
Date
12/13/2012
Required.
Reg.on (original)
App 'cant
Staff Access Section
Make copies as n cessary for:
Local Authori y Inspector Tim Bilobran
MTCE Patrol Traffic Engineer
28 -New Raymer
Form 1265 8/98, 6/99
COLORADO DEPARTMENT OF TRANSPORTATION
STATE HIGHWAY ACCESS PERMIT
Permit fee
$100.00
Date of transmittal
12/7/2012
Region/Section/Patrol
4 / 01 / 28 -New Raymer
CDOT Permit No. 41211
State Highway No/Mp/Side
14 C / 181.070 / L
Local Jurisdiction
Weld County
The Permittee(s);
James Sievers
Applicant:
Ref No.:
.,,,rby iii..
Derrick Worden
43605 County Road 92 1625 Broadway, Suite 2200
Briggsdale, CO 80611 Denver, CO 80202
970-656-3642 970-304-5000
is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used
accordance with this permit, including the State Highway Access Code and any attachments, terms, conditions and exhibits. This permit may be revoked
by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duf
appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of
the permit.
Location: This access is located on State Highway 14, a distance of 370 feet east of mile post 181 on the north/left side of the road.
Access to Provide Service to: (Land Use Code) (Size or Count) (Units)
988 - Oil/Gas Field 1 ADT
997 - Agriculture 4 ADT
Additional Information:
THE PERMITTEE MUST PROVIDE TRAFFIC CONTROL FOR ALL INSTANCES WHEN THE DRILLING RIG CONVOY OF
VEHICLES IS UTILIZING THIS ACCESS, AS WELL AS WHEN OIL PERSONNEL NEED TO PROVIDE MUD SCRAPING
SERVICES ON HIGHWAY 14.
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
Signature
Print Name
Title
Date
Upon the signing
herein. All construction
Initiation. The
being used.
The permittee
Greeley,
State Highway
The person signing
accep permit
of this permit the perm'ttee agrees to the terms and conditions and referenced attachments
shall be completed in an expeditious and safe manner and shall be finished with
permitted access shall be completed in accordance with the terms and conditions of the permit
shall notify Tim Bilobran with the Colorado Department of Transportation in
Colorado at (970) 350-2163, at least 48 hours prior to commencing construction within the
right-of-way.
as the permittee must be the owner or legal representative of the property served by the permitted access and
and its terms and conditions.
contained
n 45 days from
prior to
have full authority to
P rmitte 41c
natur
Print Name
TherrickkA) or
Date
12-/I3/7.-
This permit is not valid until signed by a duly authorized representative of the Department.
COLORADO DEPARTMENT OF TRANSPORTATION
gnature
V)t!ld(htu1�
n AQ
--Pri Name
111n -L 1-\1Inb1L,tn
Title
AS(pSS- 14UI(0k,(Y\,9V
Date (of issue)
/ RI(
istnbubon:
rcenured.
1.Region
2.Applicant
Make copies as necessary for:
3.Staff Access Section Local Authonty Inspector
4 Central Files MTCE Patrol Traffic Engineer
Previous edit are obsolete and may not be use
Page 1 of 3 COOT Form #101 5/C
NON-EXCLUSIVE LICENSE AGREEMENT MAP
WCR 87
Township 8 North, Range 61 West, 6th P.M.
Sections 20 & 19
Weld County, Colorado
N
S
MAINTAINED couNry ROAD
""I' PROPOSED ACCESS ROAD ON SECTION LINE ROW
NON-EXCLUSIVE LICENSE AGREEMENT
Proof of Right -of -Way
WCR 87
T8N-R61W-SectIons 19 & 20
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..."
Patent Date:
Sec 20: W2 - 6/16/1916
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NON-EXCLUSIVE LICENSE AGREEMENT
Offset Owner Notification
WCR 87
T8N-R61W-Sections 19 & 20
Weld County, Colorado
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Attached are the Certified Mall Receipts notifying all offset surface owners of Noble Energy, proposal to utilize
section line right-of-way as access to our operations
2115 117th Avenue.
Greeley, CO 80634
Tel: 970.304.5000
Fax: 970.304.5096
www. nobleenergyinc.corn
Lane DepartmeC,
o noble
energy
November 8, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Article #: 70121640000245648442
Gary Sievers, James Sievers and William Sievers
43605 County Road 92
Briggsdale, Colorado 80611
Re: Section Line Access along WCR 87
Township 8 North, Range 61 West, 6th P.M.
Section 20: W/2W/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 87
between WCR 83 and WCR 89 (1.1 miles) to access proposed oil and gas operations. As these operations
will add traffic alone 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,
errick Worden
Land Negotiator
ti-e
William Sievers
'ry Sivers
Date:/ -/Z /2
mes Sievers
Date: //-/2-/7
cc: Weld County Public Works
(WCR 87) Non -Exclusive License Agreement
Date:/' //'
2115 117° Avenue.
Greeley, CO 80634
Tel: 970.304.5000
Fax: 970.304.5096
www.nobleenergyinc.com
Decori—en:
j"lnoble
energy
November 8, 2012
CERTIFIED MAIL
RETURN RECEIPT REQUESTED Article #: 70121640000245648459
Randolph J. Cass and Judy C. Cass
43251 County Road 392
Briggsdale, Colorado 80611
Re: Section Line Access along WCR 87
Township 8 North, Range 61 West, 6th P.M.
Section 20: W/2W/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 87
between WCR 83 and WCR 89 (1.1 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.
Retards,
EKE
1
Derrick Worden
Land Negotiator
Randolph J. Cass
Date: /0-11/-0 IL
J L /Lt %✓J
Judy C. Cas
Date:
cc: Weld County Public Works
(WCR 87) Non -Exclusive License Agreement
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Briggsdale, Colorado 80611
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