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Home My WebLink About20121701.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 86 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 86 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 86 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 9th day of July,A.D.,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: _s��' .-- �• Sean P.Conway,Chair c. Weld County Clerk to the Board W^�q ELF XCUSED II m F.Garcia,Pro Tern BY: Deputy C rk t the Bo 412 g--.-h bars Kirkmey ® r APPROVED AS TO FORM: � ,, ,,EXCUSED /-A David E.Long A County orney L,� �� (,��I 'IC' Douglas�Rademache Date of signature: 1-3 I-I'3 L', PLA) 2012-1701 g. D-I a EG0064 MEMORANDUM TO: Clerk to the Board DATE: July 3, 2012 IfArt Co-U.1"_ T_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 Noble Energy Inc. to utilize Weld County Road 86 section line access to their oil and gas operations. Enclosures pc: Planning staff M:\Don\AgendallonExclusi ve LicAgree.docx 2012-1701 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE ANI) MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE 1.11.1 NSE AGRFF.MIEN'I•. made and entered into this___da> of June . 20.12, by and between WNL.1)COUNTY,COLORADO. by and through the Board of County Commissioners of Weld County. Colorado.w hose address is 915 'tenth Street.Greeley. Colorado 80632.as First Party.and _Noble Energy ,as Second Party whose address is 1625 Broadway.Suite 2200,Denver,Colorado 80202 \VITNESSl:l'1I: \ViIFRL.\S. Second Party desires to more effectively access property located at the Southwest 1/4 - o1'Section 33._•.. Township R North, Range_ .\Vest ol'the 6't, P.M. in Weld County.Colorado.and IVE I f EA First Party is the ow ncr )1'the nigh(-ul=way known as\\'CR.86_ fir a distance of2 miles West of _......_..._.—. .\VCR 69 and located as litlhows: 60 fret of R ht-Of Way,._.__. between Sections 3 and 34 and Sections 4 and 33 .'Township 7/8 \orth. Ranee 63 \\est,in Weld( otnuy_Colorado.%%in h i;herein:l ter reterrcd to as "ROW."and WI IURI•:AS. R()\\' is currently not !wing maintained by First Party.and WIIF.RI•:.\S.Second Party wishest,•upgrade and thereafter maintain ROW athisltcr./its sole espense in order to pro%ide said more effective access. NOW.11II•:RI:Ft)RI .in consideration of the covenants contained herein and the agreements of said Second party to he performed hereunder. and 1tp 'n flue conditions herein stated. First Party does grant tuts Second Party,its successors and assigns.a nonexclusive license to upgrade and maintain ROW without gating or fencing across the saute. The conditions by which Second Parry may upgrade and maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at anytime for any reason, hut sitclt revocation shall not prohibit Second Party's continued use oldie ROW for access to Second Party's property.to the extent that such continued use is consistent w ith 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)day s prior to the intended date ofrevocalion. Such notice shall be sent to Second Party by Certif.,ccl Mail to its address a ripen above or served upon Second Party in accordance wiih the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing_First Party of Second Party's change in address front his address written above. '_. 'I he upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party. wRich manner shall include, but not he limited to. the litl1owirtg: 3858006 Pages: 1 of 4 07/10/2012 10:46 AM R Fee:$0.00 Steve Mo^etc Clerk and Recorder, Weld County, CO 1111 AWL A I0.Irikliiii !CHI aoi -iJ� a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements for emergency equipment(tire 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 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 License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not he unreasonably withheld. 2 3858006 Pages•: 2 of 4 07/10/2012 10:46 AM • R Fee:80.00 Steve Moreno, Clerk and Recorder, Weld county, c0 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 he 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 belie fie iary only. I I. 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 he 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. 3858006 Pages 3 of 4 0Steve ren 10:46 an R order .e0 Steve Moreno, Clerk and Recorder, Weld County. �C�O�W r L�htGl�rIt, ll"1 1I 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 171,,,,a ATTEST: Clerk to the Board ittl i+ By. Deputy C k ' n °1 Sean P. Conway ,ChairC) JUL 09 2012 SECOND PARTY: Noble Energy Inc. NAME / NAME By: / �/ By: P.David Padgett Attorney-In-Fact" SUBSCRIBED AND SWORN to before me this day of June ,20 12 , By P.David Padgett WITNESS my hand and official seal otary Public My commission expires: KERI J. MILLER ?-6 11,266 Notary Public State of Colorado M:AGREEMENTS\Non-exclusive AGREEMENT FORM doc My Commission Expires July 11,2015 4 3858006 Pa 07/10/2e12 10: AM 4 of 4 nk and Recorct;-"1:421%c VIII emir + N '{'lib Ih4 Irf�Ill r44�011oun YX CO +t I III aoia-/7.D/ KERN JASON C U S A COLORADO STATE OF U S A BALL ROLAND G (50 INT) KERN JASON C KERN JASON C KERN JASON C USA 2021 USA 2a:H 22 GORSKI CHERYL K RN JASON C ADAMS CRAIG E REED HARVEY SCOTT • GABEL KIMBERLEE SHERWOOD J ROBERT GORSKI CHERYL a__ __a_ s zia i i__SCI 1Nti lie VW A t lea a__t'r r_C =_=7_ _iti 14 ; , v BALL ROLAND G *A - KERN JASON C 41 FAULK 320 LLC V 29 28 :: .... BALL RANCH BALL RANCH 27 lirt,,: ::.4. 4:i •• • BALL LEONARD OBALL LEONARD O sl •,. _ . - , KERN JASON C ' BALL RANCH BALL • . . BRANCH BALL RANCH 34 3 33 3 . . „ . . . . .. . ... . . .._ .. .., .• . _ .. .. CR 84 Sh • i; • -. BALL ARLAND G (1/2 INT) KERN JASON C LUEKING JAMES B BALL RANCH .. 3 L . 2 5n _ 1 _ t , KERN JASON C --_ LUEKING JAMES B MYERS GRANT G BALL ROLAND G (50 INT) ' -_ ' -` - - --- BRUMLEY K Tyr' ��O' • • KERN JASON C BRUMLEY KEVI BRUMLEY KEVIN P KOHLHOFF HENRY F (1/2 INTEREST) LUEKING JAMES B BRUMLEY KEVIN P JONES CHARLES T TRUST KOHLHOFF HENRY F (1/2 INTEREST) -:.- - ' • 9 10 WALCKER CHRISTINE LOUISE (UND 1 /3) BCK HEATH PROPERTY LLC NON-EXCLUSIVE LICENSE AGREEMENT MAP WCR 86 T7/8N-R63W Weld County, Colorado 1 iir :* ....- 4 iih:, .4, g 4 t ..- ter k 2 ( : 3 - :3W35 i - ` ♦• I ff 'ii i I r CR 86 ii 1 I . r-,t N 1, • 41% '.!, J �f 1 �t + = L te., 7' N63W3S. 7N:3W,S 6 A.61 SlienlanlilkOllirr A1 W �'`� E Maintained County Road S Proposed Access on Section Line ROW NON-EXCLUSIVE LICENSE AGREEMENT Proof of Right-of-Way WCR 86 T7N-R63W: Sections 3 & 4 T8N-R63W: Sections 33 & 34 Weld County, Colorado Road Viewers Report - 100/453 Co. Rd. 66r Co. Rd. SO' Co . Rd . 63• Co. Rd. 92/ Co . Rd. 670 Co. Rd. fib+ Co . Ws 71 ' Co. Rd . 8a' Co . Rd . 540 Co. Rd. 74' 100/453 S. H. 14 - se. County Clerk and Corder Book 83 019, 484 5/13/1902• Petition to open roadsi Coa- 100/4S31A mincing NE cornier Sac 19 T 8 Co. Rd. 92 R 638 East to Logan County lino . approximately 47 miles . 100/453 8 Commencing NE corner Sec 6 T S. H. 14 R 638 East to Logan County Co. Rd. 86 line , approximately 47 tulles . 100/453 C Commencing NE corner Sec 19 Co. Rd. 80 • T 7 A 638 East to Logan County* approximately 47 miles. 100/453 D Commencing NI Corner Sec 6 T 6 Co. Rd. 74 R 63. East to Morgan County, approximately 17 ai : es . 100/03 E Commencing NE corner Sec 29 T 6 Co . Rd. 66 R 64. East to Morgan County; approximately 22 silos . 100/443 F Coaaen4ing NE corner Sec 30 Co. Rd. 63 T 6 R 63 ; North 13 miles. NON-EXCLUSIVE LICENSE AGREEMENT Offset Owner Notification WCR 86 T7/8N-R63W Weld County, Colorado - I 11 II ! I. Itill `11 = ! � a z }i,. Q z CO �,, COSi I LUEKING BALL JAMES B RANCH E LUEKING MYERS `A J RO !z Q JAMES B GRAN 1 G G �� 0 U H I1 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. 'CERTI D:MAIL,.RECEIPT CERTIFIED MAIL RECEIPT m -(Rc gmat ,, .lfo.6aula�SiCoNMa 1..- . N (Domes&MailOnh:No Insurance Coverage Provided) No '' ""''- .; ..;:1a.;.1�.:.�_.a_v .,_..a.. ..._ ga ..:':fir, .t� •.,S•,' ,t a t.�.t .�..�. e:it ml m a r I I . t O 1•J1_.A cR`a6 L . 10 !N t--Pe C.2. `Sip �iS' ' "-1� r� ctc 3d12-non 36 1 a _. a SS C3 r t a rn in 6. WC LTD I $6. 4- O ,am "B. I .,rj-, `'s3A1 . .. .. .. r-1 Apr.N, - Lr 1-1 a " J a�- C/O I j2v �` N r P. � . l�'s=it {l N Cr No X31 fB.FYw7bIG.Aeg�N7Yla' ,_ aee16�1/M1¢ ., 5 F .m J80�,w� ust 2... $ee Perorx 1. IneM1uctin.M U.S. Postal Service.. CERTIFIED MAIL RECEIPT ru (Domestic Mall Only;No Insurance Coverage Provided) ru _D irrn-tra.-..-arnrrrrir-rr-ice-miurria c9 •9 - - _.___ I r ( •_ka -L)LA a .al--S ctL$f> -ec�m o 0 3 Sr' a 0 r- a G 40 • NJ eso, C . i Anna 3. I(em eA N !. , _. ... 3O1 c 2s' /_ : L'.1-+,.,- ._ _, , CO fta 804 Grand Ave. it9; noble Platteville,CO 80651 energy Tel:970.785.5000 Fax:970.785.5099 w wv.nobleenergyinc.corn La-..r:e;aryna a .1LInC, 18 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Article it: 70113500000296523826 Ball Ranch c/o Roland G. Ball 43501 CR 71 Briggsdale,CO 80611 Re: Section Line Access along WCR 86 Township 7 North,Range 63 West. 611 P.M. Section 3: N/2 Township 8 North,Range 63 West, 6°i P.M. Section 33: S/2 Section 34: S/2 Weld County,Colorado Dear Mr. Ball: Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 86 between WCR 65 and WCR 69 (2 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,comments or concerns. Regards, NOBL9ERGY, INC. xC. Nate McCorkell Land Negotiator Ball Ranch Roland G.Ball Date: cc: Weld County Public Works (WCR 86)Non-Exclusive License Agreement 804 Grand Ave. It noble Platteville,CO 80651 energy Tel:970.785.5000 Fax:970.785.5099 vrrnv.nobleenergyinc.corn June. IS 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Article;: 70111570000077886237 James B. Lueking PO Box 164 Oxford,NE 68976 Re: Section Line Access along WCR 86 Township 7 North,Range 63 West, 6°i P.M. Section 4: Part of N/2 Dear Mr. Lueking: Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 86 between WCR 65 and WCR 69 (2 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,comments or concerns. Regards, NOBLE ENERSiY, INC. 2 6' 2 _ - Nate McCorkell Land Negotiator James B. Lueking Date: cc: Weld County Public Works (WCR 86)Non-Exclusive License Agreement 804 Grand Ave. 1/1'. . noble Platteville,CO 80651 jenergy Tel:970.785.5000 Fax:970.785.5099 vraw nobleenergyirc.com Lan".D®Gcr:re_: June. 1S 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Article#: 70111570000077886220 Jason C. &Anne B.Kern,et al. 30887 CR 88 Ault,CO 80610 Re: Section Line Access along WCR 86 Township 7 North,Range 63 West, 6"'P.M. Section 4: Part of NW/4NW/4 Dear Mr. &Mrs. Kern: Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 86 between WCR 65 and WCR 69 (2 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, comments or concerns. Regards, NOBLE ENERGY,INC. 1�da - Nate McCorkell Land Negotiator Jason C.Kern Anne B.Kern Date: Date: cc: Weld County Public Works (WCR 86)Non-Exclusive License Agreement Hello