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Home My WebLink About20120940.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 62 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 62 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 62 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 9th day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: $ ... c P \ � Sean P. Conway, Chair ) Weld County Clerk to the Boar. 41 a% XCUSED ' .li h� ill'-m F. Garcia, Pr -Tem BY: Deputy perk to the Bo WA-- R Ati-l--y a ra Kirkmey AP.BR6 D M: ♦ ��< Dixavid E. Long ati .un Attorney to , ma ak DouglatRade er Date of signature: h .3 / a U./. 43 2012-0940 EG0066 i8a ; MEMORANDUM ,SigTO: Clerk to the Board DATE: April 4, 2012 12G O 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 62 section line access to their Brockhouse #1-3111 site. Enclosures pc: Planning staff M:\Don\AgendallonExclus iveLi cAgree.docx 2012-0940 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 7 day of n'J , 204, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado 80631,as First Party, and ,\\ Con'hintntal 1≥LAt tent.t , Tyr . , as Second Party whose address is }P.O, &&X /o3L , Enie/, Olc 737O2 • WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the SouN+e4af '14 of Section 31 ,Township C, North, Range G►West of the 6th P.M. in Weld County, Colorado, and nn WHEREAS, First Party is the owner of the right-of-way known as WCR(0 Z. for a distance of (r 'IC m'){S kits o f WCR $9 and located as follows: q fool WV- Sec h'on h7n.t. 1111 f..j j r between Sections 31 and (0,Township (pNorth,Range G )West, in Weld County,Colorado,which is hereinafter referred to as "ROW,"and S Mr$i 'Co I h)tst 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 3838585 Pages: 1 of 4 04/12/2012 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO ■III NIL FIr,E'ti t'S'i Ij4;hid NNW Il III ,zia a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements for emergency equipment(lire department)are a minimum of 20 feet. b. If the installation ofa 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 ofa 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 he at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible I'm 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 3838585 Pages: 2 of 4 04/12/2012 04:11 PM R Fee.$0.00 Steve Moreno.. Clark and Recorder., Weld County, CO ��IyiM� 1� �4�Mawr our � r "� ��l 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 3838585 Pages: 3 of 4 04/12/2012 04:11 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■m Cali UT K1 r1•IVIMII lad N,tl 441.511.1111 IA_9Nk 11111 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 r ` ATTEST: 7-3 Clerk to the Board �� .' t� 1 ti�l By: Deputy �rk `I� y: p 1;°n l Sean P. Conway Chair � y'1,. Y APR 0 9 2012 SECOND PARTY: NAME Mark Pas NAME By:f/ .124d1E'L-- By: S RIBED AND WORN efore me this day of a% 20 1.2, By WITNESS my hand an 1 seal .<2. ; ...... F�,. My commission expires: ,� ...<2./ �.\(TARy •GO'. e((aG1�14 —a :s• `• PUBLG :•moo. 'ROOF COI. M:AGREEMENTSWon-exclusive AGREEMENT FORM.doc 4 3838585 Pages: 4 of 4 04/12/20120.04:11k PM R Fee:$0.00 and��W'iPC� Vv��f4:�fGC��h�64ti�WILIW'L�� CO �Ni'L III III 070/9 6950 BOON RODNEY WILLI$SIEFKEN JAMES SIEFKEN JAMESSIEFKEN JAMES SIEFKEN JAMES SIEFKEN JAMES KRIER MICHAF 24 19 2 &i 4 ,. . - 21 MINK JEFFERY L GIBBONS JAMES H (2/6 INT)SIEFKEN JAM ,�ENCKS FARMS INC SIEFKEN JAMES ROSENBERG ARW!N M ROSENBERG WALTER ALAN _ KRIER MICH, SIEFKEN JAMES ROSENBERG WALTER ALAN KRIER MICHAEL ROSENBERG WALTER ALAN GRUEN FRANCES LCARLSON MARK A ROSENBERG WALTER ALAN ROSENBERG WALTER ALAN A CARLSON MARK A I ROSENBERG WALTER ALANN, L & S CAPITAL LTD ROSENBERG WALTER ALAN ROSENBERG WALTER ALAN KRIER MICHAEL K PURCELL CONSERVATION GROUP LLC L & S CAPITAL LTD 29 28 " . 25 30 ,.. - c 4 s L & S CAPITAL LTD L & S CAPITAL LTD KRIER MICHAEL K URCELL CONSERVATION GROUP LLC L & S CAPITAL LTD L & S CAPITAL LTD L & S CAPITAL LTD BROYLES DOROTHY EL & S CAPITAL LTD L & S CAPITAL LTD L & S CAPITAL LTD KRIER MICHAE BRUTEIG TODD KRIER MICHAEL K tORADO STATE OF L & S CAPITAL LTD Fil::: 36 31 32 33 kIEFKEN DAVID E LANTZ ERIC R r. PEARSON STEPHEN LANE 1/2 INTL & S CAPITAL LTD CO L & S CAPITAL LTD linialegnelleatit= • L & S CAPITALS LTD COLORADO STATE OF L & S CAPITAL LTD GROTHEER DENNIS IA/ LIVING TRUST 6 L & S CAPITAL LTD 5 4 •LORADO STATE OF 1 L & S CAPITAL LTD t. e L & S CAPITAL LTD a GliOTHEER DENNIS W LIVING TRU 4 COLORADO STATE OF L & S CAPITAL LTD . ..,L & S CAPITAL LTD 9 ! 12 - _. LORADO STATE OF .__, i:: .. . \ - 8 ' GROTHEER DENNIS W LIVING TRUST e GROTHEER DENNIS W LIVING TRU W x : - EA Of + �.! ,. COLORADO STATE OF \, �c i • t I -A s _ ta, 4_._:. .. .___ _. _ SCHOOL DISC No RE 54 . r r '�4- cqn.♦ ..•L. x 44,'47°, . r , "I' .. . j .. .} - Y •� .,. -. CARLSON ROY & BEVERLY & CO COLORADO STATE OF - = MOUA XOR CHIA COLORADO STATE OF L & S CAPITAL LTD3 13 18 17 16 : L & S CAPITAL LTD 2. COLORADO STATE OF . . - 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 13, 2012 L& S Capital, LTD 800 U.S. HWY 36 Byers, CO 80103-9700 Dear Mr. Linnebur: 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 62 West of WCR 89 for approximately 1.15 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, 141441 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 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 13, 2012 Overholt Family Trust 1722 Sherman Ave. Canon City, CO 81212 Dear Sir or Madam: 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 62 West of WCR 89 for approximately 1.15 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 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 13, 2012 Stephen L. Pearson 1722 Sherman Ave. Canon City, CO 81212 Dear Mr. Pearson: This letter is to notify all property owners using the County section line access that we are requestion an access for proposed oiUgas drilling operation located on WCR 62 West of WCR 89 for approximately 1.15 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, 041/12C-77 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 Access Road Map BROCKHOUSE 1 - 31H SE'% SE% SECTION 31, TOWNSHIP 6 NORTH, RANGE 61 WEST OF THE 6Th PRINCIPAL MERIDIAN Ott-• \, / / 0 0 IN II \ • ) ( � ; i 1/ 3 I ii ' 1 O © , 'AA\� • E c, j II 4650 yzI,I E of -cci, n v ii Dcri li .9 c= _�_ q } c 4 _ _______ _===..ers=1._.== .;.._= ___7_:.. k,__, tc fh nc= ==___ ___ j _ I \/ N\ (p �., \ r� �(cIn E c\ c-). to ‘, \ r. 4 c _._ i .. . u .. II ( j \ r\( \‘ , 0 Q• ., c) \___. = M ° 1 ` 1 'C u .. �i 6l ` \ I �1 ` II 1 � 73 e693 o \\ \ `` 31) 1 3 0 k2 of �.l aCo 0. Ii J I I . t I 1 3 \ . tO \ I 4 1 1 \ % \ �..-- U \� aT� } \` LJ n n \'\ \ r\ `k. a , / Q . - ,\L,,,,,.\,,„ , {1 J . I„ _ �\ ,� ,1 S 1 t ) \ �, 1 7 17 aaaaa nrilay in a amino eft E4 N1 i i eN_ _ ) ll NN •' --t--• . \ 1 \ N \ Nt % / a ,‘.._ \--/N3.Nk‘I )r, 4 \\\ _ b („ ) L J 3C; \ , . . `�- 1/4,, , 7JAN i -- ---\\1t ‘ ..- -- 1.- ) 3 ,.___,n, i \ \t-„_ , , . 0...t..4..,1400 From Gill, CO: From the intersection of County Road 55 and 5th St., proceed North on county road 55 t1 .7 miles to county road 68/CO-392. Turn Right onto county road 68/00-392 and proceed East ±2.3 miles to county road 68. Continue straight on county road 68 and proceed East ±14.62 miles county road 89. Turn Right onto county road 89 and proceed South onto ±3.01 miles to proposed access road. Turn Right onto proposed access road and drive West ±1 .15 miles. Follow road as it turns to the North and proceed ±0.07 miles to proposed well location. Total distance from Gill, CO to proposed well location is ±22.85 miles, Legend Reference Location ** All Measurements are Made from C Proposed Well Pr oposed osed Access Road Reference Well BROCKHOUSE 1-3111 ** Lat: 40.438545° Long:-104.245523° (NAD83) Elevation: 4601 Feet ' Use our resources to find yours! Field Date: 11/11/2011 Data Sources: Prepared for: www.petro fs.com Drafting Date 11/28/2011 - TOPO courtesy of USGStiek .- . Drafter: KLM Continental ►. • ,K (303) 928-7128 Cbecked By: BHF 7.4040 am Reid ^' .. • .'fy" TDIacumEramsfRRU miffonkciadmORRititaktillA7i .fi'q't9t1orflIsii!(®(0961-4 1Omru nisi"A €RiE IMENK.GOCIEMIISA'Lk,WAs8MA1,iNING1 'FJ: AMERICAN STATE BANK AND TRUST COMPANY 03859 DIAMOND RESOURCES CO. WILLISTON,ND 58802-1446 77-51/913 PO.BOX 1938 PH 701-572-4523 WILLISTON,ND 58802-1938 3/20/2012 PAY TO oHDERTOF HE Weld County Public Works Dept. ;*250.00 Two Hundred Fifty and 00/100"""*"*"""***************..* ** ** *,.....******......********"***************—*"*..._,..**** ** DOLLAF MEMO This Check VOID after 90 days horn the issue dale NLA Fee's - Brockhouse#1-31 H AMERICAN STATE BANK AND TRUST COMPANY 038591 DIAMOND RESOURCES CO. WILLISTON,ND 58802-1446 77-51/913 P.O.BOX 1938 PH.701-572-4523 WILLISTON,ND 58802-1938 3/20/2012 PAY TO THE ORDER OF Weld County Public Works Dept. **75.00 Seventy-Five and 00/100**""*****"*******************************"*****************—*************************************** DOLLAR, MEMO This check VOID alter 90 day, 1.., Sue date Access Permit- Rose#1-12H ('cu iri P/I/� /Gb/t&&a �3 -8- /v//7/ V 60 77 Hello