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Home My WebLink About20120353.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 84 AND AUTHORIZE CHAIR TO SIGN - CONTINENTAL RESOURCES, 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 84 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 Continental Resources, Inc., P.O. Box 1032, Enid, Oklahoma 73702, 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 84 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 Continental Resources, 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 6th day of February, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Jr_ Sean P. Conway, Chair Weld County Clerk to the Board l \��.� EXCUSED I }E j(, N William F. Garcia, Pro-T m BY: ,J• b. .. _ Deputy 11-rk to the Bo-ti dittiri / < issi ( e'*) —``arbara Kirkmeyer Nriv n /APPROVED AS TO FORM.C. ?rr � ®(�j�'�� David E. Long ae.cn QyQ� unty orney a v Dougla Rademach n Date of signature: 3-9-/a 2012-0353 (.A, Pb-) EG0066 3q "12- 86 MEMORANDUM TO: Clerk to the Board DATE: February 1, 2012 GOU h -Y 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 Continental Resources, Inc. to utilize Weld County Road 84 section line access for the Leggett#1-511 drill site. Enclosures pc: Planning staff M:\Don\AgcndallonExclusivel icAgrPDC.doex ibjNONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this t. day of Vzhrta aunt ,2012,by and between WELD COUNTY,COLORADO,by and through the Board of County Commissioners of Weld County,Colorado,whos address isi15 Te..th St.aatr Greeley, I15b 0 SEretl- Colorado 80632,as First Party,and (..e t.1,n'fq( th.SOL•IC4 s 1 t"c • as Second Party whose address is PO 1&tc (O32 , TFn OK 737ot WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the 6u 4Jaast V'4 of Section :5- ,Township '7 North,Range (oOWest of the 611 P.M. in Weld County,Colorado,and /� WHEREAS,First Party is the owner of the right-of-way known as WCR klfora distance of `"" • 9 Mill aorq Secehon (rrQ.. WCR_andlocatedasfollows: Q4et` of Kt "tc1 between Sections .. and ,Township 7 North,Range 60 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 Patty 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 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: HID 11111 DID VIII III IIIIIII 11111111 VIII IIII IIII 3823802 02/08/2012 01:54P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder via-O 353 a. ROW shall be constructed and maintained as a graded and drained all-weather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall he 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 I.,icense Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 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. 2 1in1111111111111111 III 111111111111 III IIIII1111till 3823802 02/08/2012 01:54P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 3 III 1111111 III IIIII 3823802 02/08/2012 01:54P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and yearTiirst above written. FIRST PARTY: WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,COLORADO ATTEST: Clerk to the Board Any ,ycp c/ Deputy Clerk = !" 1:9% I Sean P. Conway oppik FEB 0 6 2012 SECOND I',,PARLTY: , NAME id Z60304, Ot# i4nt NAME By:411 By: 2.olt SUBSCRIBED Ark SWORN to before me this L. day of Sgn.�.tiy ,2010, By n�4{k tsodorl3�nl 9J WITNESS my hand and official seal . �> Notary:to P . ct5. 1.10TARk. My commission expires: :o? PU IC ' •••• OF • M.AGREEMENTS\Non-exclusive'AGREEMENT FORM.d.x """"•• 4 1111111 111111111111 111 III IODINE III 11111 Hill 3823802 02/08/2012 01:54P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2?v'a-0353 I 5 LULU IRREVOCABLE TRUST U S A U S A U S A HOFFMAN PATRICIA ANN U S A MILLER SUPATRAE! Ski USA JORDAN R EMMETT Y: SHOWERS MYRON 31 32 USA 33 34 1 USA HOFF )Ajd TR A Irk r HILL ROBERT EUGENE • wawa .33 } it 6 HILL ROBERT UGENE 5 4 SHOWERS MYRON PERGAMOS LP (32.67%) 3 E JONES ALICE M 1/3 INT SHOWERS MYRON P GAMOS LP (32.67%) T F :) R { L - PERGAMOS LP (32.67%) 7 1 0 AMBER WA) ° PERGAMOS LP (32.67 /o)8 9 70 PER j � 3 .67%} PERGAMOS LP (32.67%) PERGAMOS LP (32.67%) ,• � �: WEITZEL PAUL R JR — t . ' - —i 'tje. . 4 Villeir ILLER JOYCE JULIA _ AMBER WAVES li 18 PERGAMOS LP (32.67%) 17 PERGAMOS LP (32.67%) 16 15 DRYER SI!IRLE COLORADO STATE OF AMBER WAVES PERGAMOS LP (32.67%) LER JOYCE JULIA AMBER WAVES ,a a aa_ aaatifl WC Ub ra a"a7 a ailka i1 as •-'ra as A & B HILL RANCH INC '_ GAMOS LP (32.67%) . A & B HILL RANCH INC I 22M & SFARMSLLC PERGAMOS LP (32.67%) . �A & B HILL RANCH INC 21 . 1 9 '� HILL ORLANDO L PERGAMOS LP (32.67%) HILL ORLANDO l*. RICO-HAAS SONI a PERGAMOS LP (32.67%) 'ERGAMOS LP (32.67%) PERGAMOS LP (32.67%)HILL ROBERT EUGENE HILL ROBERT EUGENE M & S FARMS LLCEL-YACOUBI ABdALL PERGAMOS LP (32.67%) 1 I Location Analysis LEGGETT 1 - 5 H Horizontal Well Pad SEA SEA SECTION 5, TOWNSHIP 7 NORTH, RANG 60 WEST OF THE 6Th PRINCIPAL MERIDIAN • r►,, ' • • .46 • 4 • ii V 0 0 Cd - _ __-- _---- - -_-_ 0 0 Access 2 Access 1 � l Iii A!ii WTI fr.-4 1 . Proposed Well LEGGETT 1-5H. 4. Fence is ±370' S. 2. Operational Disturbance Area. 3. Proposed Facility is to be ±110' W. Legend Reference Location ® Proposed Well ** All Measurements are Made from MI Disturbance Area Proposed Facility Reference Well LEGGETT 1-5H ** ® Fence Point Lat: 40.598061° Long:-104.109932° (NAD Survey PLSS • Public Road Elevation: 4874 Feet * Access Point Surface Use: Rangeland tl Use our resources to find yours! Field Date: 11/08/2011 Data Sources: Prepared for: .. ,k (303) 928- 7128 www.petro-fs.com PFS Drafting Date: 1/12/2012 - Aerial courtesy of NAIP (2009) Drafter KLM Checked By: BHF Continental ►- 'Solemn fled Sink's 1 a Diamond Resources Donn Skadeland, CPL President Complete Energy Land Services askaan reside dna.con, Tod G. Maleckar,CPL P.O. Box 1938 •602— I Street West• Williston,ND 58802 Vice President 701-572-4523 •Fax: 701-572-1490 maleckar@diamondnd.com January 17, 2012 SENT VIA CERTIFIED MAIL 7011 2970 0001 9793 5375 Pergamos LP Slick Rock Sunray Capital LP Wree Holdings LLC do Merit Appraisal 211 W. California St. Gainesville, TX 76240 To Whom It May Concern: This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil and gas drilling operations location on Weld Count Road 84 ROW, East of County Road 99 along the section line between Sections 5 and 8. The reason for this notification is that it will add oil/gas traffic sharing the current section line access road and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use 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. Sincerely, DIAMOND RESOURCES CO. Mark Robertson, ROW Landman ACKNOWLEDGEMENT: X: X: Print name Date Print name Date X: X: Signature Signature hill Diamond Resources Donn Skadeland,CPL President Complete Energy Land Services dskad a diamondnd.com Tod G. Maleckar,CPL P.O. Box 1938 • 602- 11'"Street West• Williston,ND 58802 Vice President 701-572-4523 • Fax: 701-572-1490 maleckar@diamondnd.com January 25, 2012 SENT VIA CERTIFIED MAIL 7011 2970 0001 9793 5467 Myron Showers Kathleen Showers 49294 CR 86 Briggsdale, CO 80611 Dear Mr. & Mrs. Showers: This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil and gas drilling operations location on Weld Count Road 84 ROW, East of County Road 99 along the section line between Sections 5 and 8. The reason for this notification is that it will add oil/gas traffic sharing the current section line access road and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the oil/gas operation use 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. Sincerely, DIAMOND RESOURCES CO. Jake Kasza, ROW Landman ACKNOWLEDGEMENT: X: X: Print name Date Print name Date X: X: Signature Signature Township .N'°. 7 : _ of Range ?Vro. (50 ?rest of She 6th Principal Meridian. f I l' 6ii5 VI 3 _—_._ I.� 2 —. 4 ,, I (al' III ii i _ 9 --110 t I 12 F 1 C k • 9 GI ,� _�. — 15T — 14 13 ti _ . — 17 16 11 �� I i U III r, I I I! ii o 1 ? � 0II i — g —__.._..h 20 _ 21 k 23 i' 24 i LI. 1 O 4 Il P . , I•28 27__.._ _-._. 26 _ - 25 --1 -.-\..7 -29- I I yy ti GI li I P I! I I , , I _._.. 35 g H 31 32 I 33 �._ { 34 d r _i[11- ---_.—.—.°.. socra f:EFERkr CFi y—k nteral Lund,. �'''' - �� . ?..."` h.—Nomrotiad F try. ... d..� •7..y�, _C-ri-�--�.. f.—Pre empkinv G5IIng. t-'Amber CnILure Rntq. Lawrie out otLen'bm marked are rumnt. 1. 03 f..) ,.I �� it ,I, ,is.�� ng I!•4 N K7 -- .., I j 1. - 1 ,r I, T/ I I II r. ( ,I II _II �� ro.. '9 1 1 ��' N 17 Z-11 NI N I( I. it 593�.I 595l O r.. 595 I 5. / s K) N 74 \ N N 11 7 O i •1 mnl I ms ...,f I v. I I :T9--] m +D Y N N , uII 11 II --� a �� - - -- " 7 it r - �, _ _ �. II I I h' w � y. II II r�N+5 e; N CO ti ! N I N I( ,-�F7 I II I` I, iL. I _ ii c • CO M �; o r I kill s-,-,:i9....,_ — r-D .,.I I r.ti Ip.7-16t--IL-1 ti,I =� V _�� tbs h '15TA---7. �- �1b c6 —T c um r ma ' v 7 ( fil c=-1.4' ,,, EG EL=4874.2' 48>S BO'JNDARYCE ,\ 2 c=_-_-2,? O' � \ EG EL.-X75.0' --J_ -- --- ��._.. 1-501 \N„.„‘NN\LjO � ..` .. 18,,,6'( n. LU w \ J,l€ J W D N \ \ I QO �� \ \ • IQ" _ U7 O; \ CV f------- / / a U1 / 0:5 1 /Li.. W co • WELL PAD LEGEND OD O -- EXISTING CONTOUR LEGGETT 1-5H / W PAD - EVATION x..4872.8' / w PROPOSED CONTOUR Ux ED EXISTING WELLHEAD E. 150' I 150'/ W4, PROPOSED WELLHEAD 1 I- i - - 1 3:1 T EE I I. BURNER FILL SLOPE iii f / EFM • I\ iii . SE'ARATO I / / I1 0810--S g \ I b1 I:::: 13:1 I iii 'CUTS OPE ' ' li .,,.. is UI I .oL.. :.0' F= 2' i'"_��' E E 8.�' EG EL=486=.6' 3 =' a,...:; _., 1: o WY 180' GRAPHIC SCALE 1ti80' \ TP Ure `o \ I O `, �o a LEGGETT 1-5H QUANTITIES \ ' • I \ EXISTING GRADE 0 SURFACE HOLE LOCATION=4873.5 FINISHED GRADE ELEVATION= 4872.8 Exl$T��v F:NQ�E l CUT SLOPES=3:1; FILL SLOPES=3:1 c:\)\ — 4,•- -,\ \� \ \ TOTAL CUT FOR WELL PAD = 3,827 CY _ TOTAL FILL FOR WELL PAD = 3, 02 CY ' 1 TOPSOIL 0 6" DEPTH = 2,778 CY • f PROF�OSED ACC SS _ OUTH LINE SEC.5 EXCESS MATERIAL = 325 CY CUT _ ,_ ,i T TOTAL WELL PAD AREA = 3.44 ACRES f_ T7N, R60W 6TH P.M. TOTAL DISTURBANCE AREA = 4.40 ACRES r*LPAIED IT t FIELD DATE: WELL NAME: PREPARED FOR 10-28-11 LEGGETT 1-5H PFSit Z-41 DRAWING DATE: SURFACE LOCATION: CONTINENTAL k 11-22-11 RESOURCES Petroleum q� .:., SE 1/4, SECTION 5,T7N, R60W,6TH P.M. 18D1W.131hAve 8Y: WELD COUNTY, COLORADO DenvecCABOM OVA • 4V 4;), Weld County Public Works Dept. )40 kg Lk c CR 84 $.L , (fit:\A,(( a' 1 1111 H Street ACCESS PERMIT •flTPVj P.O. Box 758 GY, -flgr≥•� Greeley,CO 80632 APPLICATION FORM �(/C tjo Phone: (970)304-6496 Fax:(970)304-6497 Applicant 1 Property Owner(If different than Applicant) Name Mark '. oat '�OG3 Sprit Name lit (OA SivikAli(S Company G.rt111slA1tl kbo,rces1 Zw-• Address ' nal?q CAP &.v Address PO BOK I 043 CityagrirgSddall4 State CO Zip O(.0 I City -FAIL State OK Zip 73702_ Phone 9-70 -65Zo -36 7-/ Business Phone 7W-21n- 'SG(i0 Fax Fax 17 0-2S7- 'T(066 ,f E-mail E-mail rflG4.(060(15CvtPdlQnjo 1CAo/•(Ow\ At Existing Access a=Proposed Access Parcel Location&Sketch The access is on WCR %S(o Nearest Intersection:WCR q9 &WCR wcR ;(o Distance from Intersection (( • et Mil/S Parcel Number Section/Township/Range S/7iJ/6A(..) t o: 5gc 4 Is there an existing access to the property? YES ® N C3 3 Number of Existing Accesses Co-n"1 P.a.) (1 ) f1 Road Surface Type&Construction Information � Asphalt_ Gravel ✓Treated _ Other Culvert Size&Type ,1)y( (nun}y �QCtut(Otmttrll Materials used to construct Access.plr (ovnt1 flu:I"Knt Construction Start Date a/ir/IL Finish Date NI Proposed Use o Temporary(Tracking Pad Required)/$75 ❑Single Residential/$75 o Industrial/$150 y[Small Commercial or Oil&Gas/$75✓ o Large Commercial/$150 o Subdivision/$150 o Field(Agriculture Only)/Exempt Is this access associated with a Planning Process? VNo o USR ❑RE o PUD o Other Required Attached Documents -Traffic Control Plan . -Certificate of Insurance -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 constr ion. ��,,// �� ( ,, •f, Signaturq(,(/1 Printed Name ///a(K 7`+dL?P(•W/4 Date f'(1'1 Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/1D �S� V �1TM J?*1 "•:;:M"-4, 1 a j i t AMERICAN STATE BANK AND TRUST COMPANY 03715 DIAMOND RESOURCES CO. WILLISTO7N,5/913eo2-lags P.O.BOX 1938 PH.701-572-4523 WILLISTON,ND 58802-1938 1/16/2012 PAY TO THE ORDER of Weld County $**250.00 Two Hundred Fifty and 00/100********************************************************************************************** DOLLAI rJ MEMO c VOID attar 90 days from the issue date oq� TC on NLA/Approach Permit Fee - Leggett#1-5H Hello