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Home My WebLink About20120015.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 107 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 107 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 107 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 4th day of January, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:' s Sean ,wiy, Chair Weld County Clerk to the Board ELa� ( iam F. Ga ia, Pro-Tem BY: s.,• / ...:. Deputy C r rk to the Boat 1161 =ri` ~ 3 CUSED /j a Kirkmeyer APP AST ' f�RM: (� �, 9 I G/ '►.. avid E. L//on 1/4 ou Attorney tx l� Douglas Rademach r Date of signature: l -31 -/9- Pk) 2012-0015 3 .1 a EG0066 MEMORANDUM rt-tt‘i- e- TO: Clerk to the Board DATE: Dec. 27,2011 DC FROM: Donald Carroll, Public Works Department COLORADO 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 CR 107 Section Line Access to their Reines #1-1H site. The appropriate documentation is attached. Enclosures pc: Planning staff M_\Francie\Agendallon Exc lusive.doc 2012-0015 aj NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this day of ,2010,by and between WELD COUNTY,COLORADO, by and through the Board of County Commissioners of Weld County,Colorado, whos address is 94-5,Greeley, �15O .0. Si-re t-4 Colorado 80632,as First Party,and Con'h ntntol glioarkSt TAC ,as Second Party whose address is &oX 1032 Enictr be 137o2 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the of Section ,Township North,Range_ West of the 6111 P.M. in Weld County,Colorado,and WI I FRIBA S,First Party is the owner of the right-of-way known as WCR 107 fora distance of WCR_and located asfollows: A1On9 t^' A M1�/S So'tk of C $(o between Sections and 2,Township 1 North,Range (O: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 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: I. 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 111111 11111 1111111!111 VIILeI11 11111 III/IIII/III IIII381687 1/09/2012d County, CO O2O/a �G/5 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Rel•.order 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 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. c. 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. 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 1 11111 1111 1111111 1111 111111 1111111 III VIII IIII IIII 3816867 01/09/2012 02:45P 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, he 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 he 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$100.00 fee for the Nonexclusive License Agreement. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terns and conditions hereof shall extend to and be binding upon the parties hereto,their successors,and assigns. 3 I111111VIII1111111IIIIVIIIIII' 1111111IIIIIII1IIIIIIII 3816867 01/09/2012 02:45P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,COLORADO ATTEST: !yam—�.Ac.nft�-_ Clerk to the Board By. L .L/ G./ �I / A/ �� .4O By: i" Deputy g, Sean P. Conway, Chair 't4'r �� JAN 0 4 12 SECOND PARTY: , NAME ithk l c1y4)'7 I �"$ NAME By: R/4 By: SUBSCRIBED AND SWORN to before me this day of ,2010, By WITNESS my hand and official seal Notary Public My commission expires: M:AOREFMENISINon-exclusive\AGREEMENT F0RM.Joc 4 1111111 11111 111111I III' 11111 fill 1111111 HIED IIII IIII 3816867 01/09/2012 02:45P Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder a©/07_ DD/J` �4 t- Irf — JI M K7 / 02 _ / m jl I LF:- il `A :.,.. 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Access Road Map REINES 1 - 111 SE2 SW%4 SECTION 1,TOWNSHIP 7 NORTH,RANGE 60 WEST OF THE 6TH PRINCIPAL MERIDIAN II I) ,'-'&0,1 • _ . _ • c� N 10 County Road 86u X929 i w.--C to • E • IN :: .." • Q { • • I ( \�/ • I , 1 •`--N I I\ . ,\ . " li l —R. . -........... Art \ ; : • • reIV , } • \\ i . ' I \ • • � �� • _ • C• . x 4944 `„J• / s,J� - 1.1 - ^ 4930 43 1 ,. .. ARC _r.`� ! .r.. .� . From Ault,CO:From the Intersection of US Highway 85 and Highway 14, proceed East on Highway 14±36.6 miles to county road 105. Turn Right and proceed south±2.0 miles to County road 86. Turn Left on county road 86 and proceed East±1.0 miles to proposed access road Turn Right onto proposed access road and drive south±0.90 miles. Turn Left and drive east±0.40 miles. Total distance from Ault,CO to proposed well location is±40.9 miles to proposed well location. Legend Reference Location ** All Measurements are Made from Proposed Well tn. Proposed Access Road Reference Well REINES 1-1H.. Lad 40.598256° Long:-104.042867°(NAD83) Elevation:4929 Feet Use our resources to find yours! Field Date. 10/28/2011 Data Sources: Prepared for: Drafting Date: 11/17/2011 wwrupetro-fs.tom Dnftcr. DMM - TOPO:mousy of USGS PS (303)928-7128 Clucked By: BHF Continental ACCESS ROAD PHOTOS Looking from the roadway into the Looking down the roadway to the access location p left of the access y 1 1lyy"�t Looking from the access to the Looking down the roadway to roadway the right of the access Well Name: REINES 1-1H Operator: Continental Resources 1801 W,13th Ave Denver,CO 80204 t;5 Access Location: T7N R60W S1 SESW (303)928-7128 I IA 111 E.Third Street pFs .de Date Taken: 10/28/2011 Suite 207 OAP' nc Petroleum Field Services Rifle,CO 81650 (970)625-4740 Use our resources to find yours! LAT:40.611433 LONG: -104.049865 www,Petro-fs.tom 4931 4930 DISTURBANCE / — — 3:1 BOUNDARY SLOPE // \ ( ir., r . s, �i „" Q IL STWO4�PIL}E > `tIT ,),:i. ✓ - /\______ I'f C=-1.45' / 2 -,-;,9,. E 9.2 \ C=-155 BURNER EFM EG EL=4930 3 ,?,t4:,, �S'T', 0 0 0 O b ❑ ': �' SEPARATOR L OIL OIL OIL H2O r PROPOSED , NQ ACCESS 200' 200' — cci'L S7-PAD ELEVATION =4928.75' y .41 h *v. L 9v� RECLAIMED RESERVE PIT 4 T It,.. Cn (15' DEEP) C=-0.35 0efi 175' EGEL=49291 T li I u =� :r: -, vEXCESS'CUTSTObK,PIEE=-f ,:. ,.., s -,_ . .k.- « 4 C=-0.65' 3:1 EG EL=4929.4' CUT SLOPE 4929 REINES 1-1H QUANTITIES IyJ EXISTING GRADE © SURFACE HOLE LOCATION=4929.2 FINISHED GRADE ELEVATION= 4928.75 WELL PAD LEGEND 11 CUT SLOPES=3:1; FILL SLOPES=3:1 TOTAL CUT FOR WELL PAD = 875 CY EXISTING CONTOUR TOTAL FILL FOR WELL PAD = 125 CY PROPOSED CONTOUR TOPSOIL ® 6" DEPTH = 2,000 CY o eo• 160' O EXISTING WELLHEAD EXCESS MATERIAL = 750 CY CUT TOTAL WELL PAD AREA = 2.48 ACRES • PROPOSED WELLHEAD TOTAL DISTURBANCE AREA = 3.30 ACRES GRAPHIC SCALE r=80' PREPARED BY FIELD DATE WELL NAME'. va[aeain FOR 10-28-11 REINES 1-1H rr= DRAWING DATE SURFACE LOCATION CONTINENTAL Petroleum Field Services,LLC 11-01-11 SW 1/4, SECTION 1, T7N, R6OW, 6TH P.M. j RESOURCES 1801W.13ihave. BY WELD COUNTY, COLORADO Denver,CO 80204 BWT Pe Ines 11-14 4()..° &+ Weld County Public Works Dept. Kohl=x C° '.'O ! 5;0 s� 1111HStreet ACCESS PERMIT it co P.O. Box 758 Q* Greeley, CO 80632INN• APPLICATION FORM </c WO Phone: (970)304-6496 Fax: (970)304-6497 Applicant AA� , I Property Owner (If different than Applicant) Name Art hon.) Name tbOrNAk t E 601.4 /Qrvti►4 7r;A-d— Company din. rioncQacoura,S Address (Sip Ate Mnddr 6!Molt Cf. Address P Rc, /93g City J�tS TNIand State SC Zip 29S83"— CityWi/hstrt State/V6 Zip SES02-193 ' Phone t'/3- 237- D.t3 Business Phone 72o-2 7- JCoaO Fax Fax 720-287- SG&(o E-mail E-mail nlarkrobtrtswt QdarAcAc///ld. (ow( ♦= Existing Access a= Proposed Access Parcel Location&Sketch 31v The access is on WCR 107 Nearest Intersection:WCR 101 &WCR $(p V wcRvo Distance from Intersection •9)/ni 145. • 9 Parcel Number O71ctoI0000O(p Section/Township/Range IJ70i 600 T in Is there an existing access to the property? YES ® N 3 Number of Existing Accesses 0 Road Surface Type&Construction Information Asphalt_ Gravel ✓ Treated _ Other WCR Culvert Size&Type 0t(rov,41 (.PCB A rprnit Materials used to construct Access ,Iv!( (q„n}y ftj tc`s1af� Construction Start Date ITS in- Finish Date 7--1S--IL Proposed Use o Temporary(Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150 Small Commercial or Oil&Gas/$75 o Large Commercial/$150 ❑ Subdivision/$150 o Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? o No o USR o 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 'onn. Signaturefr 14 l�e4ae — Printed Name Art r&s* Date /gill/ Approval or Denial will be issued in minimum of 5 days. Approved by Revised Date 6/29/10 8/1/4/1 678 -C. R vJ r Coo') Typical Traffic Control Plan Diagram 500 FT • 107 9 A 500 FT • Notes: 1. The above diagram is typical for normal shoulder work applications. Additional signing may be required. 2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic, channelizing devices are required for day use only. No night time obstructions are allowed. S r•CUMENT IS INTEr •N CHEMICALLY EALTIVE A ER-THE:ACK•F THIS�•CUMENT INCWrESATAM E EVIDENT CHEMICAL WASH WA RING '•% `j AMERICAN STATE BANK AND TRUST COMPANY 03649: DIAMOND RESOURCES CO. WILLISTON,s ND951388802-1446 77-P.O.BOX 1938 PH.701-572-4523 WILLISTON, ND 58802-1938 12/15/2011 • PAY TO THE ORDER OF Weld County Public Works Dept. S"75.00 Seventy-Five and 00/100.......................************_******_******************...__......,_......_._.....__,......__. DOLLAR MEMO • This check VOID after 90 days from the Issue dale TC for Access Permit- Reines#1-1 H • ••CUMENT IS RINTE• •N CHEMICALLY EACTIVE AE -THE:ACK•F THIS ••GUMENT INLLWES A TAM E EVI•ENT CHEMICAL WASH WARNING =•X AMERICAN STATE BANK AND TRUST COMPANY DIAMOND RESOURCES CO. WILLISTON,77-51/913 D58802-1446 03649 P.O.BOX 1938 PH.701-572-4523 WILLISTON,ND 58802-1938 12/15/2011 PAY TO THE Weld County Public Works Dept. "250.00 ORDER OF $ Two Hundred Fifty and 00/100************************************_******_....__..«..__...,.__.«.....«....................... DOLLAF 7 MEMO �/' This chec OID after 90 days from the issuatla , TC for NLA Permit- Reines#1-1H Hello