HomeMy WebLinkAbout20133217WELD COUNTY COLORADO BOARD OF COMMISSIONERS
ATTN: AMY JOSEPH
P O BOX 758
GREELEY, CO 80632
PROSPECT: Niobrara 3D Phase 5
PERMIT No.: NV014370
DATE: October 11, 2013
Local Office:
Cougar Land Services, LLC
2985 West 29th Street, Suite B
Greeley, CO 80631
Main 970-330-1360
Fax 970-330-7996
RECEIVED
OCT 3 rl zet3
WELD COUNTY
COMMISSIONERS
Cougar Land Services, LLC hereby requests your permission for Geokinetics USA, Inc. and/or its contractors and assigns to
conduct a seismograph survey, including the right to ingress and egress for such purposes, across your surface interest in
WELD County, CO as more fully described in Exhibit A, attached hereto and made a part hereof:
This permit shall include any surface and/or mineral interest owned by you within the boundaries of this seismic survey,
including but not limited to the surface interests as described in Exhibit A.
The seismographic activities will be conducted in accordance with standard industry practices and in a prudent and careful
manner, and Geokinetics USA, Inc. agrees to indemnify and hold you harmless from all liability and claims, if any, that may
result from the activities conducted under this permit. In the unlikely event that this survey is cancelled or moved so as not to
affect your property interests, Geokinetics USA, Inc. will notify you at that time, and this permit shall become null and void.
Upon granting your permission, by signing this permit form in the space provided below, please return one copy of the
executed permit in the enclosed envelope.
Permittor represents that he/she has full legal authority to grant Geokinetics USA, Inc. and/or its contractors and assigns
permission to enter upon the above described lands for the purpose of conducting the requested survey.
Additional terms and provisions if any, are attached hereto as Exhibit B and made part hereof.
This permit (a) constitutes the entire agreement of the parties hereto with respect to the subject matter and supersedes any
prior agreement or understanding with respect to the subject matter hereof; (b) may be executed in separate counterparts via
facsimile or telecopy, all of which, taken as whole, shall constitute one and the same instrument. This permit and all its
terms, conditions and stipulations shall extend to and be binding upon all the heirs, successors of said Permittor and
Permittees.
errs Agent, Bryan Baumgartner
If you have any questions,
please call Permit Agent at: (817) 437-3405
ONSeint
11- R -W
William F. Garcia
Permission Granted g
YChair, WedCountv-'C6mmisstoner
Signature of Permittor:
Date:
Telephone Number:
cc;,
1,
e
November 18. 2013
970-356-4000
N0V 1 8 2013
2013-3217
WELD COUNTY COLORADO BOARD OF COMMISSIONERS
P O BOX 758
GREELEY, CO 80632
PROSPECT: Niobrara 3D Phase 5
PERMIT No.: NV014370
DATE: October 11, 2013
Exhibit A
Property Description
Description
R6910298 : 'FA IF TRACT A WELD COUNTY BUSINESS PARK PUD BEG N4 COR SEC 31-6-65 NS
86777803:4 33-6-66 BEG NE (-OR SW4NW4 S00D25'E 1336.11' S00D25'E 1048.85' S89O34'
R6777532 : LD COUNTY BUSINESS PARK TRACT C MINOR LYING SE OF E -W (-IL OF E2 31-6-65
R6777531 : LD COUNTY BUSINESS PARK TRACFC MINOR LYING NE OF E -W C/L OF E2 31-6-65
R6777245 :433-6-66 BEG NE COR SOOD25E 1336.07 SOOD25E 30.00' ROB S00D25E 1306.06
R6776623 : I IILLCREST ESTATES
R6776102 : 34-6-66 BEG CENTER 1/4 COR ON S SIDE SEC 34 SODI5E 401.95' 555O33W 24.
R6775980 :426-6-67 BEG NECOR 50O19'E 902.19' 589O40'W 30' N0DI9'W 651.16 T() PO
R6775976 : 19-6-66 BEG CENTER E 1/16 FOR SEC 19 N0D42'W 2613.65' N86O33'E 30.03'
R6775888 : 19-6-66 BEG AT A POINT ON C/I- OF GREELEY 82 CANAL N00D42 W 82.64' 549O3
R4904407 : 436-6-66 BEG NE COR TH N891)41'W 30' S0D40'P. 30' S89D41'E 107' (M/L) N4
R4842207 : 6 67 COMM N4 COR SEC 3 S00D43E 30' TO POB NS9DI5E 70422' 5001)441/ 40' 5
R4210406 : 6 67 BEG 5E4 COR SEC 23 S89D44 W 1320.29' S89D44 W 454.84' NOOD I5 W 30' T
R3944305 : 4/NE4SW433-6-66 VI LOT B REC EXEMPT RE -509 BEING A STRIP OF LAND 30' I
R2860486 : L2 BLK25 CLAYTON PK ALSO VAC I0' OF ALLEY ADJ TO \V
R1368286 : -B PT NE4SW4 33 6 66 (NORTH POUDRE ANN X) A 5' STRIP DESC AS STARTING AT
R7679899 : 6-65 EXC WELD COUNTY BUSINESS PARK PUD ALSO EXC BEG NE COR SEC S850'
R4159806 : PIT PRODUCTION ONLY NE4 31-6-65 EXC WELD COUNTY BUSINESS PARK PUD MI97
R7792398 : -6-66 LOT B REC EXEMPT RE -783 EXC 1''I LYING S OFGREELEY CANAL 53 (1.51)
R7679799 : 31-6-65 (WELD COUNTY ANNEX k3) BEG SE COR PARCEL 3 WELD COUNTY BUSIN
R6910098 : -FA PT TRACT A WELD COUNTY BUSINESS PARK BEG N4 COR SEC 31-6-65 N89D
R6780257 : -6-65 BEG E4 COR SEC 5881.33' N89D32'W 653.72' S0DI3'E 321.3' 1O N B
R6777826 : 3 6 66 DESC COMM NW COR OF NF4N W4 SEC 33 N8S.3924E 1326.77' N88.392411 4
R4842107 : -6-67 COMM N4 COR SEC 3 S89D I6 W 547' S 17 D46 W 48.83' TO ROB CURVE TO R R
R4841907 : -6-67 COMM N4 COR SEC 3 S89DI6 W 547' S 17046W 48.83'10 POB SI7D46W 49.5
R4841707 : 3-7-67 COMM S4 (-OR SEC 33 NS9D 16E 79922' N001)43 W 30' TO POB N76D36W 16
R4841607 : 3-7-67 COMM 54 COR SEC 33 N89DI6E 2_46.95' N00D43W 60' TO POB N58D44F 19
R4714507 : TRACT P WELD COUNTY BUSINESS PARK AMI) TR B MINOR
R4714407 : L4 WELD COUNTY BUSINESS PARK AMDIR B MINOR
R4714307 : 13 WELD COUNTY BUSINESS PARK AMDIR B MINOR
R4714107 : LI WELD COUNTY BUSINESS PARK AMD TR B MINOR
R4678807 : -6-67 BEG COMM NW4 COR SEC 4 N89D 16E 1189.3' S20DI3E 63.66' TO POB N89D
R4678307 : 4-7-67 BEG 54 COR 589O16W 298.34 M83DI954' 386.61 CURVE TO RIGHT RADIU
R4660707 : 33-7-67 BEG 54 COR SEC N89DI' E 246,9' N0D4'W 6' TO TPOB TI 1589D1'W 167
R4658807 : 6-67 BEG N W4 SEC N89DI652'E 1189.30' S20D 1300T 63.66' TO POB S20D I3'F
R4468506 : 5 & 6 ALL IN TN6-67 DESC AS BEG NE COR OF SE4 SEC 6 N89DI5'E 4122' TO
R4365606 : 34-6-66 THAT PT DEEDED TO WELD COUNTY RFC 3380614 POUDRE RIVER TRAIL
R3842605 :36-6-66BEG N4COR SEC 36 S89D47'E 1304.25' 501 D28'E 1085.89 TO POB 558D
R2860586 1.1 BLK25 CLAYTON PK ALSO VAC 40' B ST AD) TO N AND ALSO VAC 10' OE ATTE
R2860386 : I.3 BI.K'_5 CLAYTON PK ALSO VAC 10' OF ALLEY ADJ TO S AND AV
Local Office:
Cougar Land Services, LLC
2985 West 29th Street, Suite B
Greeley, CO 80631
Main 970-330-1360
Fax 970-330-7996
Net Acres
23.46
0.36
1.64
3.56
0.46
1.15
1.36
0.18
0.05
0.03
0.12
4.23
0.18
126
0.18
0.02
48.31
103.13
158,73
19
453
8.09
0.01
0.1
136
0.13
0.07
8.52
5.8
2.63
2.83
0.32
1.01
(1.97
(136
4.42
1.9
4.52
0.33
0.18
R28601 86 : L24 & N5'1_25 BLK25 CLAYTON PK (STOLLS TRAILER PARK) ALSO VAC 10' OF AL
R2859186 : L22 TO 26 BLK33 CLAYTON PARK ALSO VAC E -W ALLEY ADJ & VAC N -S ALLEY ADJ
R0148389 : 1-7-66 LOT A REC EXEMPT RE -1181
R0121789 : N639' LI BLK178 EXC WELD COUNTY BUSINESS PARK RID EXC THAT PT DEED TO C
R2859086 : LI TO 5 BLK33 CLAYTON PARK ALSO VAC C ST ADJ & VAC E -W ALLEY ADJ & N -S
R2346503 : RS -1023 RESUB OF UNION COLONY
RI599986 : PT 2 5 67 WINDSOR ATLAS SITE
R1559586 : 4-05 PT S2 21 6 67 (METAL CONTAINER CORP ANNX) BEG N89D36'W 108.69' OF
R1374686 : PT SEC 35 6 66 BEG S89D25'W 30' OF NE COR SEC S2881.38' S87D57'W 20.01'
RI363186 : PT W2 32 6 66 BEG NW COR SEC S2249' TO CEN CACHE LA POUDRE RIVER S71DE
RI362886: PT W2 32 6 66 BEG NW COR SEC S2249' TO CEN CACHE LA POUDRE RIVER S71DE
R1287686 : LI TO 4 BLK184 ISLAND GROVE HOSPITAL ALSO VACATED ALLEY & S2 D ST & E2
RI287386 : LI-2 BLK182 ALSO VAC PT OF N 16 AVE ADJ TO ALSO THAT PT N2 VAC D ST MD
R1287186 : LI TO 4 BLK181 ALSO VAC E -W ALLEY & VAC PT OF N 16 AVE ADJ TO ALSO THAT
81286286 : TO 4 NW4SE4 31 6 65 N & W OF POUDRE RIV EXC PT L3 N OLD POUDRE RIV BED
81283486 : -2 & PT L3-4 NE4SW4 31 6 65 N OF OLD CHANNEL POUDRE RIVER
R1274296 : TD TR D WELD COUNTY BUSINESS PARK PUD EXC THAT PT LYING S & E OF LN DE
R1274196 : E4 31-6-65 BEG NE COR SEC N89D34'W 2631.35' TO N4 COR SEC S0D08E 654
R1246897 : W4 31-6-65 LOT A REC EXEMPT RE -1807
R0898001 : 3 LYING S & W OF COLORADO & SOUTHERN RR ROW & ALL L4 BLK3 & VAC 3RD ST
R0741786 : K 1ST FILING ROTH SUB
R0361194: TAI TRACT A WELD COUNTY BUSINESS PARK PUD EXC BEG N4 COR SEC 31 6 65 N8
R0355394 : TB3 PT TR B WELD COUNTY BUSINESS PARK PUD BEG NE COR SEC 31 6 65 N89D34
R0355194 : TB I PT TR B WELD COUNTY BUSINESS PARK PUD BEG NE COR SEC 31 6 65 N89D34
R0256287 : PT NW4NE4 1 6 67 BEG N4 COR SEC N89D24'E 36' S0D35'E 30' TO TRUE POB N8
R0174489 : PT L2 SW4NE4 6 5 65 BEG NE COR LI BLKI EPPLES SUB SAID PT BEING ON W LN
582.39539 Total Net Acres
0.2
1.16184
2
6.17
1.19
17
24.75
9.12
1.32
0.33
0.06
3.66
1.46
3.7
25
28
10.97
3.95
3.42
1.05
5.34
1.84
5.59
6.22
2
1.40355
Rate of Payment
The rate of payment for access to conduct the described operation is $10.00 per acre multiplied by your interest.
There is a minimum payment of $10.00.
Therefore, we shall pau a total of $5,823.95.
By:
(Landowner's Authorized Signature)
William F. Garcia
Chair, Board of Weld County Commissioners
Date:
NOV 182013
73-3,777
AGREEMENT TO GRANT TEMPORARY RIGHT OF ENTRY
THIS AGREEMENT for a Temporary Right of Entry is entered into this day of
December, 2012, between Geokinetics USA, Inc. (`Grantee"), by and through its Agent, Cougar Land
Services, LLC, whose address is 2985 West 29th Street, Suite B, Greeley, Colorado, 80631, "Grantee,"
and the County of Weld, a body corporate and politic of the State of Colorado, by and through its
Board of County Commissioners, whose address is 1150 "O" Street Greeley, Colorado 80631
("Grantor").
WHEREAS, Grantee seeks conduct a seismograph survey, including the right to ingress and
egress for such purpose, of property owned by Grantor, and
WHEREAS, Grantor agrees that it is the owner of the property which Grantee seek to survey
and thereby has the authority to grant a temporary right of entry, and
WHEREAS, Grantor believes that said seismograph survey would be beneficial and
appropriate.
NOW, THEREFORE, the parties herein agree as follows:
Grantor's Responsibilities:
1. Grantor hereby grants to the Grantee, its contractors, and agents, a Temporary Right of
Entry in order to conduct a seismograph survey on and across Grantor's property. By the grant of this
Temporary Right of Entry Grantee, its contractors, and agents are permitted, during the period of the
survey, unlimited access in and to and across the land described in Exhibit A, a copy of which is
attached hereto and made a part hereof by this reference.
2 Grantor hereby grants North Wind an irrevocable and assignable right to enter in, on,
over and across the land at the address described above, for the period not to exceed six (6) months,
beginning with the date of the signing of this instrument, and terminating upon the completion of the
seismograph survey.
Grantee's Responsibilities:
1. Grantee agrees to conduct its seismographic activities in accordance with standard
industry practices and in a careful and prudent manner. Grantee shall, prior to commencing operations
on any of the properties listed in Exhibit A, notify Grantor to ensure that the seismographic activities
will not interfere with any of Grantor's operations. Notice to Grantor shall be to: Amy Joseph, Weld
County Public Works Department, 1111 H Street, Greeley, CO 80631. Phone: 970-304-6496, ext.
3764.
2. Grantee agrees to indemnify and hold Grantor harmless from all liability and claims
that may result from the seismographic survey activities in which it will be engaged pursuant to this
Temporary Right of Entry.
3. Grantee acknowledges that this Temporary Right of Entry may involve existing public
rights -of -way and easements for public roads and highways, public utilities and pipelines, and that
such public uses may not be disturbed without the prior consent of Grantor.
4. Grantee shall pay Grantor a fee for this Temporary Right of Entry in the amount of
Ten Dollars ($10.00) per acre, for the 582.395 acres subject to this Agreement, for a total amount of
$5,823.95.
Miscellaneous Provisions:
1. All tools, equipment, and other property taken upon or placed upon the land by
Grantee shall be removed by Grantee on or before the expiration of this Temporary Right of Entry
2. This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
3. No term or condition of this contract shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
4. Grantee shall perform its duties hereunder as an independent contractor and not as an
employee of Grantor. Grantee shall be solely responsible for its acts and those of its agents and
employees for all acts performed pursuant to this Agreement. Neither Grantee nor any agent or
employee of Grantee shall be deemed to be an agent or employee of Weld County. Grantee and its
employees and agents are not entitled to unemployment insurance or workers' compensation benefits
through Weld County and Weld County shall not pay for or otherwise provide such coverage for
Grantee or any of its agents or employees. Unemployment insurance benefits will be available to
Grantee and its employees and agents only if such coverage is made available by Grantee or a third
party. Grantee shall pay when due all applicable employment taxes and income taxes and local head
taxes (if applicable) incurred pursuant to this Agreement. Grantee shall not have authorization, express
or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set
forth in this Agreement. Grantee shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law
and (b) provide proof thereof when requested to do so by Weld County.
5. Grantee shall strictly comply with all applicable federal and State laws, rules and
regulations in effect or hereafter established, including without limitation, laws applicable to
discrimination and unfair employment practices.
6. Colorado law, and rules and regulations established pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void.
7. The signatories to this Agreement aver that to their knowledge, no employee of
Grantor has any personal or beneficial interest whatsoever in the service or property which is the
subject matter of this Agreement. Grantee has no interest and shall not acquire any interest direct or
indirect, which would in any manner or degree with the performance of Grantee's services and
Grantee shall not employ any person having such known interests. During the tciin of this Agreement,
Grantee shall not engage in any in any business or personal activities or practices or maintain any
relationships which actually conflict with or in any way appear to conflict with the full performance of
its obligations under this Agreement. Failure by Grantee to ensure compliance with this provision may
result, in Weld County's sole discretion, in immediate termination of this Agreement.
8. It is expressly understood and agreed that the enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or benefits
under this Agreement shall be an incidental beneficiary only.
9. In the event of a dispute between Grantor and Grantee, concerning this Agreement, the
parties agree that Grantor shall not be liable to or responsible for the payment of attorney fees and/or
legal costs incurred by or on behalf of Grantee.
GRANTOR:
ATTES
Weld County Clerk to the B
BY:
Deputy Clerk to the Board
GRANTEE:
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, STATE OF
COLORADO
BY:
dram F. Gracia, CN rm 2013
GEOKINETICS USA, Inc.
ryan Baumgartner, Agent for
Geokinetics, USA, Inc.
817-437-3405
Bryan.baumgartner@aol.com
o2D/3 -3Qi 7
Cougar Land Services L.L.C
Paid To
: WELD COUNTY COLORADO BOARD OF Phone No.
COMMISSIONERS
Amount Paid : $5,823.95
Project Name : Niobrara 3D Phase 5
Permit No. : NV014370
Total Acres : 582.3954
0
a
O -o
o co
T m co
c d o
o $r`U
U O x0
-o m d
(1) S.)
o
RECEIPT
RECEIVED FROM
Date Paid
Client Name
Agent
Comments
DATE ( 1I (1 3
If Laud qA0s
: 10/17/2013
: Bryan Baumgartner
Na 87221
ADDRESS ry
FOR LfN 9I C1 9:4911.i C
HOW PAID
CASH
CHECK
�a
It
J
MONEY
ORDER
EA
BY
73232
Hello