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Home My WebLink About20120323.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 71 AND AUTHORIZE CHAIR TO SIGN - EOG 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 71 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 EOG Resources, Inc., 600 17th Street, Suite 1000N, 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 71 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 EOG 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. 2012-0323 CJU PW EG0066 a-a3-ia NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 71 - EOG RESOURCES, INC. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of February, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:'f „.7 EXCUSED Sean �P.. Conway hair Weld County Clerk to the Board y I La William F. arcia, Prom BY: M1v t�fJG m y De put ({erk o the B�{ 461tea. ;t, r: Kirkmeyer APP DA •' ORM: � ' • ® ; avid E. Long ttorney «- a cazono (kr Dougl adem cher Date of signature: a-/&`/9. 2012-0323 EG0066 �861 MEMORANDUM :�' -- ' TO: Clerk to the Board DATE: January 27, 2012 C G u 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 EOG Resources, Inc. to utilize Weld County Road 71 section line access for the Critter Creek#8-14 drill site. Enclosures pc: Planning staff M V Don AAgendallonExclusiveLicAgrPDC.docx 2012-0323 429 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 6.day of , 2012. by and between WELD COUNTY, COLORADO,by and through the Board January of County Commissioners of Weld County,Colorado, whose address is 915 Tenth Stfoct, Greeley, ,i50 "0" .574-e Colorado 80631,as First Party, and NOG Resourc QS, Tnr as Second Party whose address is 660 17th Street, Suite 1000N, Denver, CO 80202 WITNES SETH: WHEREAS, Second Party desires to more effectively access property located at the SE4 of Section 14_,Township 11 North,Range 63 Vest of the 6' P.M. in Weld County,Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 71 for a distance of South of WCR 130 and located as follows: 3O' of R/W in Section 14 only oetween Sections 13 and 14 Township 1 North,Range 63 West,in Weld County,Colorado,which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not beingmaintained 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 Parry 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 thisNonexctusive License Agreement at any time for any reason. hut such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Pam''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 Pan)'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 Parry of Second Parts change in address from his address written above. �_. The upgrade and maintenance of ROW by.Second Party shall he done in such manner as reasonahl, prescribed by First Pam',which minter shall include,but not be limited to.the following: I 111111 11111 II11 11111 1II I III 1111111 Ill 1111111111111 3823429 02/07/2012 10:29A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder oO/1 Oga7. a. ROW shall be constructed and maintained as a graded and drained allweather road. 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 clean ingthe same. c. If the installation of a cattle guard is required,Second Party shall he 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 partof the maintenance respons i bi lities referred to herein. 4, Except for the negligence of First Party,Second Party shall indemnify and save harmless First Parry, its successors,assigns,employees,and agents from any damage or los 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 mals directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Parts 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 he 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. 7. The parties hereby agree that neither has made or authorized any.agreement with respect w the subject matter of this instrument other than expressly set forth herein,and no oral representati on,prom i se.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 ag eenents between the parries hereto and there are no promises,terms,conditions,or obligations referring to the suhiect matter whereof other than as contained herein. HI 11111 1111111 hIM 11111 III hIIIhI IM 11111 III II11 3823429 02/07/2012 10:29A 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,theemainder of this Nonexclusive License Agreement,or the application of such terms or provisions,to a person or circumstances other than those as to which itis 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 parry to this Nonexclusive License Agreement. I 0. It is expressly understood and agreed that the enforcement of the terms and conditions of fthi: Nonexclusive License Agreement,and all rights of action relating to such enforcement,shall be strictiyreserved 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 he a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the sectionline 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$100.00 fee for the Nonexclusive License Agrreernent. iQiig !i!1111111 Il 11111111111111 1111111112 10.29A Weld0 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY.COLORADO -1 , r", �_--- A 1 i LST: -� Clerk to the Board / / BY./� " t/ : 41.CAL4--1/C2?---- Deputy .Teri:, l F= William F. Garcia, Chairpro Tem k FEB 0 1 2012 1%61 -IC-' SECOND PARTY: ? � �\ �, / d NAME NAME By: By: : E er Yu SUBSCRIBED AND SWORN to before me this 2 6thday of January 2('l 2. Bti Cre, , n'► .Crer Yu. .jam WITNESS my hand and official seal G��'"'" ..r.lSlI(, _,.......�..NN,Nu • T ?votary Public e • * •9' 'A / • 4.1—i •Z My commission expires: j-l; : i q� I ••4 i• % 2 �� i 5--y-71\6 15 I+1 O G9 1.t%,,,,,z-‘O..,92.-,...— NI ...... AAGREEME T9.tion-exchssimAGREEMENT FORM.doc(Revised I.^_007) - 4 I IID 11111 IIIIIII II IIIII III 1111111 III 11111 lilt III! 3823429 02/07/2012 10:29A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder rr , - • lIF4ttt4t# s � �"( At . s PHILP JAMES D :?f` I BURBACH ROBERT J (HEIRS OF)il __._ .. _„ cit 1 2 „... : -""► pi. LOYD FARMS u • DENKAI ANIMAL SANCTUARY £%U - BACH ROBERT J (HEIRS OF) BURBACH HELEN TRUS 1 le s. • , _ . . . . . .. •. .. .�•, . , 1,,j„Vi ' '- ' ' •c,Ab. t . . •r , Y.1'1fl 1111'It .tea 11 - •■y.• _sJ . tR*p.m ..I ' d s r . . • - . ... _ BURBACH ROBERT J (HEIRS OF) , PARS KENYON K AYARS KENYON K 1 4 1 3 , a ., ., . .. _ . :URBACH ROBERT J (HEIRS OF) 3 1 Ire. . • _ - r ■ 1 1 BURBACH ROBERT J (HEIRS OF LAMBERTSON LLOYD S 'y' je .• PORTER DONALC 'ASIS RANCH LLC = 3 . BURBACH ROBERT J (Ht$ QF) .. ,.....„ f- . a f • '' sw OASIS RANCH LLC } 9 .. -1O#1 _ ' . . ...Y' .2.- - - � ,�� Y OASIS RA( LLC OASIS RANCH LLC OASIS RANCH LLC „ \ r I— I tiI 11 1' d . - T11N n CI p I it� e II n D. �a 12 -- 74 r. N 5 d / q n �,1 v A sJ ii a n , II snit ` : b ic. y I ` H cR 7.� $ iu _ -- _ 323 �� S?�� _ 5238 +-- - 11 41 ! 6 It 1 - ,5,42 ,k' P c : y_., , ' ' (EXISTING FENCE * - EXISTING FENCE } n r f I ' 15 14 52.a 13 13 it A II • PROPOSED LOCATION: CRITTER CREEK #08-1411 .., , { n III rtes,/ : � �� ,� _ � ]•f► • - • • • SE • • CCESS 1 .1 MI.+I- I I' • r , •a ` A '5203 II EXISTING 2-T • • CK I, I. � n r •, n f 11 7 I 3 R 1j 24 24 ' r 1 ' h 2� _ _- II I iII II I u / 7 1 (\sups, • ZS 11 veze I I • - `I �• - . • ' V v \ n R R 51 �� 63 62 W W 5I74 II , 1 _ _ an nc LEGEND: EOG RESOURCES, INC. EXISTING ROAD N CRITTER CREEK #08- 1411 EXISTING?TRACK PROPOSED ACCESS ROAD SECTION 14, T 11N, R63W, 6th P.M. x x x x EXZSTINGFENCE 600 FSL 600 FEL O INSTALL CATTLE GUARD UI I ] , Uintah 1 Engineering & Land Surveying ACCESS ROAD 12 22109 85 South 200 East Vernal. Utah 84078 MAP 81 DAY YEAR L ' I .(435)789-1 O 17 44 FAX (435) 789- 1813 SCALE: 1" =2000'I DRAWN BY: J.H. 'REVISED: 00-00-00 Tc)Po EOG RESOURCES, INC. P.O. BOX 4362 HOUSTON, TEXAS 77210-4362 CHECK No. 1191930283 VENDOR No. 270164 01/23/12 210006001 SD T 5714 007 -P00060 PAGE 1 OF 2 LigWELD COUNTY PUBLIC WORKS DEPARTMENT -"hE 1111 H STREET P 0 BOX 758 GREELEY, CO 80632 VOUCHER INVOICE INVOICE NET DESCRIPTION NO. NO. DATE AMOUNT 661485 JAN2312WCPWD 01/23/12 GARDEN CREEK 8-14H 250.00 EE s — TOTAL CHECK AMOUNT USD 250.00 DETACH AND RETAIN THIS STUB FOR YOUR RECORDS. �( EOG RESOURCES, INC. VENDOR No. 270164 ( e 62-20 ogresources P.O. BOX 4362 11 No. 1191930283 HOUSTON, TEXAS 77210-4362 01/23/ 12 $$$$$$$$$$$$$250.00 WELD COUNTY PUBLIC WORKS NOT VALID AFTER 90 DAYS DEPARTMENT PAY TO THE 1111 H STREET ORDER GF P 0 BOX 758 GREELEY, CO 80632 A� N Two Hundred Fifty and 00/100 Dollars L Au�EDS,G„ATUftE CITIBANK, N.A. OPERATIONS ACCOUNT UNE PENN'S WAY. NEIV CASTLE, DE 19720 ,Ifice Weld County Public Works Department f ♦� 1111 H Street Mailing Address: Wlipi. Greeley, CO 80632 P.O. Box 758 v Phone: (970) 356-4000 x3750 Greeley,Colorado 80632 COLORADO or(970) 304-6496 FAX: (970) 304-6497 UTILITY RIGHT-OF-WAY USE PERMIT (This permit is for the construction and/or installation of telegraph,telephone,electric light,wire or power,pipelines,or the like,along,across, upon,and under road rights-of-way which are owned or controlled by Weld County,Colorado. In accepting this permit the Permittee,under penalty of perjury,verifies that they have received,read,and understood all provisions set forth for the permit,and have authority to sign for,and bind the Permittee,if the Permittee is a corporation or other like entity;and that by virtue of their signature the Permittee is bound by and agrees to comply with all said permit requirements and provisions,all ordinances of Weld County,and state laws regarding facilities construction.) Permit Number: RW10-00052 Permit Type: Utility- Other Permit Fee: $75.00 Permit Application Date:02/11/10 Permit Expiration Date: 05/11/10 Permittee Contractor Name: Jennifer Yu Name: Company: EOG Resources, Inc. Company: Basic Energy Services Address: 600 17 St, Suite 1000 N Address: PO Box 843 City: Denver State: CO Zip: 80202 City: LaBarge State: WY Zip: 83123 Business Phone: 303-824-5576 Business Phone: 307-386-2608 Open Cut- Class 6 Road Base Open Cut- Other: Access-new ) ()cation /Description of Construction Address: Intersection of CR 71 and WCR 130 Township/Range/Section: ;4N63W-13 & East Road: 71 North Road: 130 Subdivision: Nearest Town: Hereford Description: To construct an oil/gas location well access road. Construction Schedule and Conditions Start Date: 04/15/10 Plans Submitted Completion Date: 04/22/10 Met Weld County Insurance Requirements Daily Hours: 8 to 5 No Weekend Hours Note: Time extensions require approval. Notify Weld County 24 hours prior to construction start. Special Reauirements Access must line up with existing CR 71. Critter Creek 8-14H Approved no`"Aurnyo°`".u`-03.p-po510 Weld County Public Works Date: PP By: . �s. �a owelr, "@co we Engineering Department R�so��Iuam approving� �n�� 03/10/10 Dale:2010 03 10 10 5653-07'00' WELD_PUBL_0500313 Page 1 of I From: (303)8245578 Origin R TEXA Ship Date:20JAN12 Jennifer Yu • AcMWgt 1.0 LB EOG Rerourcea,Inc Ew® CAD:101582217ANET3210 80017th StreetSuits 1000N C Dsriwry�Address Bar Cods river, 80202 De CO 8022 02 J11201108[N.n5 SHIP TO: (970)5954227 BILL SENDER ROM CC 8-1411 Kenyon Ayars Invoice PO Dept if 63546 WRC 67 Grover, CO 80729 TUE - 24 JAN RM " 2DAY" WK# 7931 3834 0715 Q01 80729 SB CYSA DEN 50FG7/P78Fh5F1 After printing this label: 1.Use the'Print'button on this page to print your label to your laser or inkjet printer. 2.Fold the printed page along the horizontal line. 3.Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning:Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges,along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide,available on fedex.com.FedEx will not be responsible for any claim in excess of$100 per package,whether the result of loss,damage,delay,non-delivery,misdelivery,or misinformation,unless you declare a higher value,pay an additional charge,document your actual loss and file a timely cialm.Limitatlons found in the current FedEx Service Guide apply.Your right to recover from FedEx for any loss.Including intrinsic valueof the package,loss of sales,income interest,profit,attomey's fees. costs,and other forms of damage whether direct,incldentalconsequential,or special is limited to the greater of$100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is$500,e.g.jewelry,precious metals,negotiable instruments and other items listed in our ServiceGuide.Written claims must be filed within strict time limits,see current FedEx Service Guide. https://ww-vv.fedex.com/shipping/html/en//PrintIFrarne.html 1/20/2012 óeog resources E00 p„ ,, Inc. 600 Seventeenth Street Suite 1000N Denver,CO 80202 FedEx: 7931 3834 0715 Main:303-572-9000 Fax:303-824-5400 January 20, 2012 Kenyon K. Ayars 63546 CR 67 Grover, CO 80729 Dear Mr. Ayers: This letter is to notify all property owners using the County section line access that we are requesting an access for proposed oil/gas drilling operations located south of WCR 130, between Sections 13 and 14, T11 N, R64W, 6T" P.M. for approximately 5,280 feet of section line access (see the attached topo map). The reason for this notification is that it will add oil/gas traffic sharing the current section line and 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, (A� J ifer Yu Regulatory Administrator ACKNOWLEDGEMENT: Print Name Date Print Name Date Signature Signature energy opportunity growth Hello