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Home My WebLink About20120778 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 86 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 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 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 21st day of March, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:', c----- Sean P. Conway, Chair 6- Weld County Clerk to the Board n ,t\ ]EL≥ EXCUSED illiam F. Garcia, Pro- em BY: .° • / , Deputy CI k to the Boar 1 6 < - '- .c_, �i — �:-r ra Kirkmeyer APPROi! 7eRM: t� `( vl �� I ti% David E. Long __„,-County Attorney c / , 6`q <-c- ouglas$ademacher Date of signature: 4 1 D -I a- P L" 2012-0778 - I I -1 a EG0066 �861 MEMORANDUM TO: Clerk to the Board DATE: March 15, 2012 WILCO_u N 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 Continental Resources Inc. to utilize Weld County Road 86 section line access to their Politzer#1-35H site Enclosures pc: Planning staff M:\Don\AgendaN onExcl us iveLicAgree.docx 2012-0778 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thisA day of Mar On ,201a,by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Cokorado, whose address is 1150 0 Street, Greeley, Colorado 80631,as First Party, and CoM1 JAta( gesources .Znt • , as Second Party whose address is P.O. Ro' 1032, ad � OK 737OL WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the Sou1&Wtsf t/4 of Section 3S,Township f(North,Range 6911 West of the 6th P.M. in Weld County,Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR f5(.0 for a distance of Q •373"miks eastof wcAR3 WCR and located as follows: alonti y}4 15/eSDA tit.. between Sections 3C and_2_,Township $North,Range 4 l West,in Weld County,Colorado,which is hereinafter referred to as "ROW,"and /Jorffi G( Wlst 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,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: 1 3833958 Pages: 1 of 4 03/23/2012 11 :53 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO IIIIRi iY+��l�i't'I��'1t44I �64��,4i! t III III 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 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 be unreasonably withheld. 2 3833958 Pages: 2 of 4 03/23/2012 11:53 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO Bill 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. 3 3833958 Pages: 3 of 4 03/23/2012 11:53 AM R Fee:$0.00 Steve Moreno. Clerk and Recorder., Weld County, CO VIII Ri% tw!!licicioa mii II II 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 i ,—, Depu Clerk Sean P. ConwayTair 3 g- MAR 2 12012 SECOND PARTY: t NAME Alek Pa&rr,L c 1 - Roto 44- NAME By: 44 1`6[4 rn- — By: Rot.. ntleilf SUB RIBED AN WORN to b re me this/I's day of _._ 20) 1, By ` U n WITNESS my hand and official se rs.V de,:\.:2os __L_____„,. Notary Public My commission expires: n b.6 ?c, / cit.,.•RJ.';IsE i jam, ;cit OTAR ?r t,..%PUBLIC; Io M:AGREEMENTSWon-exclusive\AGREEMENT FORM.doc "qJ '•••••••••'`E��" OF COLS) 4 3833958 Pages: 4 of 4 03/23/21211:53 Stee Moe o Clerk and Recorder ld County, CO lIIIh''iriM,t+ ACK iii Ji41WI!,WI,iii,IIn" Iii III WELD COUNTY ACCESS PERMIT Weld County Public Works Dept. Phone: (970) 304-6496 1111 H Street After Hours: (970) 356-4000 P.O. Box 758 / Emergency Services: (970) 304-6500 x 2700 Greeley, CO 80632 1� ! ,• Inspection: (970) 304-6480 jy Permit Number: AP11-00527 Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado. Project Name: Politzer 1-35H Expiration date: 05/23/2012 Applicant Information: Property Owner Information: Name: Mark Robertson Name: James B Leuking, Clyde F Leuking Company: Diamond Resources Company: Phone: 720-287-5660 Phone: 308-991-8539 Email: markrobertson@diamondnd.com Email: Location: Proposed Use: Access is on WCR: 86 Temporary: Nearest Intersection WCR: 86 &WCR: 93 Single Residential: Distance From Intersection: 1953 Industrial: Number of Existing Accesses: Small Commercial: Planning Process: Oil&Gas. D Large Commercial: Road Surface Type&Construction Information: Subdivision: Road Surface: Gravel Field (Agricultural Culvert Size&Type: Only)/Exempt: Start Date: Finish Date: 05/23/2012 Materials to Construct Access: Required Attached Documents Submitted: Access Pictures: Traffic Control Plan: Yes Certificate of Insurance: Yes A copy of this permit must be on site at all times during construction hours Daily work hours are Monday through Friday DAYLIGHT to Y2 HOUR BEFORE DARK(applies to weekends if approved) Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work Special Requirements or Comments This permit grants access off of WCR 93.You may need to aquire a non-exclusive license aggreement for use of the CR 86 ROW. Approved by: p a4A Janet Carter,Weld County Public Works Date: 12/9/2011 Print Date-Time: 12/9/2011 9:14:53AM Report ID: PW00008v002 Page 1 of 1 Page 1 of 1 Mark Robertson From: Leon Sievers [Isievers@co.weld.co.us] Sent: Monday, March 05, 2012 2:57 PM To: Mark Robertson Subject: RE: County ROW Mark A quick look at my maps indicate that this area was not part of the railroad sections, nor is it a school section and was homesteaded/patented after 1889, so with all that, it appears that we have 60' of right of way, 30' on either side of section line. Leon Sievers, PLS, SR/WA Right of Way Agent/Land Surveyor Weld County Public Works Dept. 1111 H Street, PO Box 758 Greeley, Colorado 80632 970-304-6496 I I'I 20 ! rwtt co NY Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Mark Robertson [mailto:markrobertson@diamondnd.com] Sent: Monday, March 05, 2012 8:40 AM To: Leon Sievers Subject: County ROW Leon, I am researching the possible County ROW between Section 35 of 8N 61W and section 2 of 7N 61W. This would be where CR 86 runs east and west, but it looks like the road does not go through this area. Thanks, Mark Robertson Diamond Resources 720-287-5660 3/5/2012 t .' Z a IlmI1I� �C� 11 2• r i BONS-1 I 0E•9.E"--" I v ill ar __'_$? 1 Ora L_ Ord -_..—L,,.__.__4s1_ __.- _ Oti, — 1 Oed 5, 5-9 o'.Oi.1. i. E 1 , �� Iyn $ I^ Ise �U ,, '. a µ� t�'x�'�. I 1 o I lir x __.... �E. --- fit . II 11 , a31 d` a o _ �, ' . 7.t ti y w -- -_..' ".. 1 - - -- \Gi _ _ --•-. 4 -„ 1� r I C All r Ir.° IL —� - t 3 6.4'.-L •- ,r--——--�.—___ J�.__._ V.:} WI!' t"- I v (b a r, .l •� 1 _-- • • Tools/lip N. of Rave .1''o. . .(;.a West of Me 6lh Principal Keridian. .Th.,..... It ll ..... ....,-.-+.-- = ....a-- -I* —7-war'mamma 1-.o....--...-.-..-...-,-----—........---_,F;....---*....,--. —...--- -......... — ..7- t.......--- I k 1. ' �p 1'1 _ _ _ -- •v II - _ ---.•,,_,,,-. _......,_4......_ --7-== __-_:_.-'7" 7".'......„,_...... ....,.........„...7 ti 1 �iJ _ ...: _ �. 9 to p7 t' t. ._ __ MI II 7 !� rJ c.e ^ ,f +. Q I li 1 1 ——-- -19- -- ! -- 7 t, 21 2'2 ili 23 - 214 .- it __ —_, � � 1..1 1,a I 27 26 k� z il 1 1 II -------.----49— I28 71111 F fi t ev -- .rn:Tu. ICEFEIENOF. .' o.—Enured Inndr- p.-1lowa( I Entry. f.—Pro'aNYtton Filing. t.—Timber Culture,Eotr. I.xdn not otherwise Narked ere accept_ 1 I ACCESS ROAD PHOTOS 4 ._. I. `� -•• y �` it: ♦ Ar 1141'♦ S / +fir• ' 'Ili ; 4 S .4 Nei c 1 a 1 it + b re ••6.6. `t -'. f. r S. J ,a1 .% st t 4 . 11 k Ot t s 'at .6 iT . \,, 44%, S _ . At 1 I clit , Looking from the roadway into the Looking down the roadway to the access location left of the access . .eat r -*- ---t- ;, : + - _ — - I / - afeelerlAsiv VOW .ice, — '• ar 'rl,,s e ea r Looking from the access to the Looking down the roadway to roadway the right of the access Well Name: POLITZER 1-35H Operator: CONTINENTAL RESOURCES 1801 W. 13th Ave Denver, CO 80204 (303} 928 7128 , r Access Location: T8N R61W S35 SWSW , t r t 111 E. Third Street : Date Taken : 10/28/2011 Suite 207 P l(C Petroleum Field Services Rifle, CO 81650 (970) 625 4740 Use our resources to find yours! LAT: 40.611099 LONG: -104.182869 www.Petro-fs.com Access Road Map POLITZER 1 - 3511 SE' SW% SECTION 35, TOWNSHIP 8 NORTH, RANGE 61 WEST OF THE 6TH PRINCIPAL MERIDIAN __ 1 • ��+' E ° �+i`►' �Roa.d=88' � 4978 IC CountyHt . ll I � I i 1 r, / ' . ; �. ,nI r . • .I \ % i +` i ♦� r t c. Irk\ it • I i • \ \ i j I H ; • -•. ., , is r . . \ a, : � I ) . , „..., , , , -- • .i %....... ., , .... ,I �� cti r• i •i t. �i . - r r , • ! ‘C.• N ', i I \ I' I / ' I ' _ '35 , t . %t ',' \ ' , ` `,tip L. �'' /�` +� /I I� '♦ �► ' 1 r" \ ' I ) i r . II i i . 'r \ . tit ; / Y� ,`, ` t' i 'r II \ l r %. I • s..�\`—'` , I I f i 1t�: i ..r `� \ I I • \ ' k r . 4991 • ........ -- - . . -\ , -- -.. .., i--- 4-. 49.5.1--------N‘.' " 1 - � ,1 -Th I , 1 r , . . , o goo I. , 1 :.«o , 1 \ t\ 'ti I From Ault CO: Start from intersection of Highway 85 and E 1st St (CO-14). Go East on E 1st St (CO-14), Drive 30.4 miles. Turn Right on County Road 93, Drive 2.0 miles to proposed access road. Turn Left onto proposed access road. continue 0.37 miles to the East, turn with road to the North and drive 0.08 miles to Proposed Well POLITZER 1-35H. Total distance from Ault, CO to proposed well location is ±32.85 miles . Legend Reference Location MW All Measurements are Made from O Proposed Well aaas Proposed Access Road Reference Well POLITZER 1-3511** Lat: 40.612226° Long:-104.175818° (NAD83 Elevation: 4958 Feet Data Sources: Prepared for: r� Use our resources to find yours! Field Dote: 1028i201I P ,�'1 1 l www petro-f.S.Co111 Drafting Date: 11/01/2011 • TOPO courtesy of USGS S ,, . Drafter: KLM Continental ►' (303) 928-7128 Checked By: Bl1F t Diamond Resources Tod G.Maleckar,CPL Complete Energy Land Services Vice President maleckar@diamondnd.com P.O. Box 1938 • 602— 11th Street West•Williston,ND 58802 701-572-4523 •Fax: 701-572-1490 March 5, 2012 Mr. James Lueking P.O. Box 172 Briggsdale, CO 80611 Dear Mr. Lueking: This letter is to notify all property owners using the County section line access that we are requestion an access for proposed oil/gas drilling operation located on WCR 86 East of WCR 93 for approximately .375 miles of section line access. 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 in the certified mail receipt will also acknowledge notification. Sincerely, did edwit'l— Mark Robertson ROW Agent Diamond Resources ACKNOWLEDGEMENT: Print Name Date Print Name Date Signature Signature pc: Weld County Public Works (WCR)Non-Exclusive License Agreement A_i_i Diamond Resources Tod G. Maleckar,CPL Complete Energy Land Services Vice President maleckar@diamondnd.com P.O. Box 1938 • 602— 11th Street West•Williston,ND 58802 701-572-4523 •Fax:701-572-1490 March 5, 2012 M&S Farms, LLC 46501 CR 84 Briggsdale, CO 80611 Dear Sir: This letter is to notify all property owners using the County section line access that we are requestion an access for proposed oil/gas drilling operation located on WCR 86 East of WCR 93 for approximately .375 miles of section line access. 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 in the certified mail receipt will also acknowledge notification. Sincerely, Mark Robertson ROW Agent Diamond Resources ACKNOWLEDGEMENT: Print Name Date Print Name Date Signature Signature pc: Weld County Public Works (WCR)Non-Exclusive License Agreement Hello