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Home My WebLink About20120324.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 65 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 65 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 65 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 1st day of February, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: . EXCUSED Sean P. ay, Chair Weld County Clerk to the Board Imo! Elsa illiam . Gar II, Pro-Tym BY: 7% Deputy C rk to the Bo-f iso ` +►�. • b Kirkme er Pow APP' •QED . aiRM: % C, �' David E. Long ou ttorney Douglas ademac r Date of signature: (9_ 16 7)-- CC - pw 2012-0324 a-33-/g. EG0066 MEMORANDUM TO: Clerk to the Board DATE: January 27, 2012 __c 5_1) N T ''t 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 65 section line access for the Walcker AC17-08 and Kohlhoff AC09-65HN drill sites. Enclosures pc: Planning staff M.A Don\AgendallonExclusiveLicAgrPDC.docx 2012-0324 42S NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE ANI) MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY Tl-llS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into thisZSday of 1-Anuv.ftY .20ti. by and between WELD COUNTY,COLORADO,by and through the Board of County Commissioners of\Veld County,Colorado, whose address is •fx,,itl. `„t.ceth Greeley, Mt, "0"SIretl' Colorado 50632, as First Party,and Afos4E fNeme.4 1/44 • - • as Second Party whose address is 1625- Pe4.d2+-teN4....S.lzt7r z•zov, Devu. R-i_CoLo1LAAb $du . wiTNESSETI I: WHEREAS, Second Party desires to more effectively access property located at the .5gsr 'ts_ of Section 17 ,Township '1 North,Range 63 West of the 66 P.M. in \Veld County.Colorado, and \VIIEREAS,First Party is die owner of the right-of-way known as\VC'R(05 fora distance of_-_-__. Z4' 1KILES _Jogrn or' WCR'187-Cnd located as follows: Go Fe mr op 2.1cirar-43 -WAY between Sections 7.e> ;Ind z t.Township 7 North: Range 4s West. in Weld County,Colorado,which is hereinafter referred to a "ROW." ;use! WHEREAS, RC)\V k currently not being maintained by First Party,and WI IE:REAS,Second Party wishes to upgrade and thereafter maintain ROW at his.'her/its sole expense i in order to provide said more effective access. NO\V,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 RO\V 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 RO\V 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 Aureement at least ninety(90)days prior to the intended date of revocation. Such notice shall be sent to Second Party.1w Ccrtilied 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 Party's change in address from his address written above. The upgrade and maintenance of ROW by Second Party shall be dyne in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to.the following: I1111111111!0 !iPJh'bJ (h1L(j(!LhiL11j!1 111 382342f3 t,21111 1111OO.00 Seve Moreno Clerk& Recorder a /a_ , ; 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 of20 feet. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall he 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. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph t.,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 front 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 ofall 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 ]'arty, which consent shall not be unreasonably withheld. � 11111111111 IM111111111 III III 1111111 �� 1II MII lII 3823428 02/07/2012 10:29A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • 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 he strictly reserved to the undersigned parties and nothing in this Nonexc lusive 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. 1. There shall be a S150 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 arc 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 he binding upon the parties hereto,their successors, and assigns. 111111111111 IIII 11 IIIII IIMI III 1111111 III IIIII IIII lilt 3823428 02/07/2012 10:29A 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: 75 Clerk to the Board ,/ 2�� 1 Depu lerk t96 u�4 William F. Garcia , Chair pro-Tem 4%`?� FEB 012012 SECOND PARTY: Noece EN[2GY, NG. NAME NAME By: tL/i/ � By: S SEIM NZC A-rrozmEy- 1 - -r- SUBSCRIBED AND SWORN to before me this 2S''°"day of cJo ,. , , 20 / Z By Soso, /J 4 t-fro WITNESS my hand and official seal Nota My commission expires: ERIK T. VANIDECAR NOTARY PUBLIC STATE OF COLORADO My Commisr,inr,Expires 3/0712012 MAAGREEMENTSNon-czclusivAAGREEMENT F0RM.doc IIIIIII VIIIIIIIIII VIII VIII III IIIIIII III VIII/III/III 3823428 02/07/2012 10.29A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 ` _ KOHLHOFF'HENRY F (1i2 INTEREST) • • _ JONESVWARLES T TRUST KOHLHOFF HENRY F (1 /2 INTERE • :- logo,- _. + • ~ A i. _. -... COLORADO STATE OF _- I. f • WALCKER CHRISTINE LOUISE (UND 1/3)1 BASHOR-C MILLARD 1 7 ra .... .. .. . . COLORADO STATE OF • lareatifilielh , - ._ A "' 7.. e '.., •;h• -. 1 ± fe t _ ~!R E'1., 4,I.- i.Fr ' -• 'f. . - - i.. . k_ _ . - _ _ _ - ..rim►- - - -9 - fir !,�. '��. -n,-T.ie. •. ►� -¢.w,4� _. • sdr `, Le � .. 1 „EDWARDS MARY KATHLEEN LORTON JUILIE A CARROLL MATTHEW E fir"` LQWELL SCOTT T a 1 r � s S ._w. . - ' D ANGELO ANNIE GRACE WILSON MICHAEL Far BLACKMAN RONA ih, • . J.: { ; , 1 x_l jV t • • .i A ;� { I ,` _,::r ‘, ; - .1 I._ WILSON RODNEY DEAN - _ . _ ' ', , tt �. 1 ,. -� is • ♦ SLAUGHENHAUPT GARYDENHAM BE'NJA 1 - - . -� . . WELCH JAMES E 1 . 4, - - _. _ WELCH JAMES E . . . - .T n - - •. }- .. . ,-, . . . . . -. . . . . ..J . , ti, _ j" YIIILLb' �J't3UN�T`Y O� `r$ _ -_ �— _ .. ;r, ,. • - . .. . ' • 't it s _ +' ,° 4 GRIGSBY ROBERT LGRIGS ZROBEI r L li` GEORGIOU AR*P _- - RAMIREZ JUAN BRASIER CAROLYN VES DANNY A - t ', VAFT e1AANtN SHERRI LSON LINDSEY CII LQHMAN STEVEN L MUHEIM HEIDI LOMA HUMBERTO MORAN KARL C 1, ,- "- ' 'y I ./ OCFjOA NICOLAS I MENDOZA FRANCISCO 2 9 SMITH RONETTE KITHCART SARAH DENISE MENDOZA FRANCISCO ERICKSON BRAD D MARTIN KEVIN S liessis p. , H NON-EXCLUSIVE LICENSE AGREEMENT MAP WCR 65 T7N-R63W-Sections 20& 21 Weld County, Colorado•12 - t — _ _ - __- • -0 t, I*, s y _ _ r 4 - - I ai _. w .•rte « K63'.V • i'. r\' �r t/ 1 t F.F--... Maintained County Road Proposed Access on Section Line ROW NON-EXCLUSIVE LICENSE AGREEMENT Proof of Right-of-Way WCR 65 T7N-R63W-Sections 20 & 21 Weld County, Colorado Pursuant to the Weld County Board of County Commissioners Order dated October, 121889 (Book 86, Page 273), "...all section and township lines on the public domain of the United States, within the County of Weld and the State of Colorado...are, declared to be the center of public highways or County roads, which said roads shall be and hereby are declared to be roads 60 feet wide, being 30 feet on each side of said section and township lines..." Patent Date: Sec 20: NE/4—2/11/1920 Patents ► ln.pe 1 [7 Rate Rant Sate t Ia t-Era +Nauots Sec* C *40?4 W1 a-1O.,.FRAM<a 2/11/1920 022761 Co 6th PM 007N-063w Ev. 2 we'd Source:http://www.glorecords.blm.gov/ Sec 21:All—2/26/1897 Patents ► Note:Aa Italic entry denotes data that has not been indexed against the land patent document,and has no cnage . L+7 Rats 1122s1 Slats l Inn•Mit I Apquots sec s UMW — CCC44 WSW PACF7C•..4& 2.5,r- 6L—, .,1,V-CEIs- Ktti CtLV•C65W S 14 .+ CO:f+-c65w spy. _ Ve'_ CiCLV-t453ty .CC?H-LiCgV fK,s}_ We6' !XLN-CiSAV ititd ,;IS:N-.`K5W tI Wed ...dY•1^e'! `. x 781 e_+at Ve,2rs1 Ns•=V.'- Source:http://www.glorecords.blm.gov/ U S A DIF_CKHAUS ROGER b^J `'.•,i u'S A a ; JONES CHARDS T TRUST BALL RANCH rAULK 320 LL BALL RANCH • • JONES CHARL S�' TRUST . KA L 7J } '•-• i x u BALL RANCH ,i BALL"RANCH 3.2 33 Mf�Yr L?1TH 4NN ,� KAN AL ,..T.;`.1, • '1 nE ALB T J i ' 'c ,,,b µ JONES CHARLES T TRUST q �, •A Rgq E ?:--_ L� '''..1:...,--,..:1•404E•.--- NAi�LES , „RUST [ UEKNGJAMESB ALL RANCH u S �r3 � 111 ' , .-f,."` - 'JONES CHARLES T TRUST)1NES • ARLES T TRUSS LUEI ING'JAMES'Bt1 _ YERS GRANT 3 ---L - 1&L z. J • • :. L 1 a C �r ri i ONES C 9 m 0 •. '' .„.";:f. LLIEOINCS JANI `.�' ' ES i RUST 4Ff `Iy.,. s b • '' CARROLCM H L # ; "� +'r COL • AD S'ATC'OF BALL ROLAND.G ;:.r."7•:•- r7 i Z � ' ' 6I I CALVi ,r.1.: • HARL E LPF9F GLE .::I ' 'I...,,=.°4.4.1.-..,.a4... .. �k.y,: .-' CARROWC MA HEtN E • LATTA 4MAS PAt e . ARDS MA - - . ; WC h71AC: AARON-. CA-ROLL D' .4 �,;� "s• Q x L• r E •s 4il-.,.. /. IL,•N MICHAg1 �'..- F2 BEiCA ! "H�. 0"� KMAN r' " st jr rw, ` t .)..,,....,-• ...:::4X7.41„`"'• i:r ORGE rq�1,q ,6 ,'Ie a J .•R :STALE LB► NO'E�'A '�' 4 • ERAS + ENH as��•Tii ' '1 - 4 JA -E OONEI'? MM RMAN • K y -r4 1 j ti.7-7. •.•-,'•,.. ..." H JAM r �1 LERT J�; E. } .._- MiREZ 'BIER CAR,±LY(�l:R H s GIOU ARO ' • �e•. y T.: C 'NNYA • r f • UH M HEID , WAHLE''T LAND&LIV..TOCK L1LC Amil s.elk-- i r: ..--1- .'ti. ,..COMA UMBER70 "f C.I • .MA `STTVEN L • �' • } ,GISCC SMI r ONETTE M l "II' • • �j,' -..-,..,,At.E' ICKSON BRA0. w WAHLERT ,-ND.6.LIVESTOCK LLC az T. f,•'----'4'::. I - •'"._ I �"'T , OR i BRAD w ° RY NA' IN.NER SEACI A �.�. Fib • f . f 1' ':3—'ri`.,c — '.J � � " C s S�..C i •" ,S;46 LLC n. • '' • e• �HLERT LAND&LIVESTOCK C I. a ' :. • . FARMS L' CKL t § ,r Pt. k'- N + •RTH +� I HT MIS rt "1 HLERT SCOT D I r f AG HT r 44). 'y,, Weld County Public Works Dept. 1111 H Street ACCESS PERMIT jr:•. Uj P.O. Box 758 V.,:_r,Qk- Greeley, CO 80632 APPLICATION FORM j/C VV-1 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name Mkre_ Name Company -200 Nogt_a Fitme..e,y lNC . Address Address 8'O'1 C, ' qc p.ue. City State Zip City Pc,4tT- i zl.a State C- Zip ao65 1 Phone Business Phone ( 7o) 725 —SOS 2__ Fax Fax E-mail E-mail '1' _ .ot-lca-U oblten+er yIne .e.cp A= Existing Access A= Proposed Access Parcel Location&Sketch The access is on WCR (0 3 Nearest Intersection:WCR &WCR ? 8 WCR Distance from Intersection 0 l'A.tt ES NlortrH Parcel Number /4_1A. — : fi tn, Section/Township/Range Zol"74/CO3�,y .( 19 r ryi 1 P.C, f?- , 3 Nor palm NTAiNED Is there an existing access to the property? YES NO N (9.,O Number of Existing Accesses N jA Road Surface Type&Construction Information Asphalt Gravel 1C Treated Other__ %NCR 78 Culvert Size &Type NJ^ Materials used to construct Access For.b Bas E_ Construction Start Date N/A Finish Date Proposed Use o Temporary (Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150 o Small Commercial or Oil& Gas/$75 ❑ Large Commercial/$150 o Subdivision/$150 o Field(Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No Li 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 construction. Signature Printed Name MATE- N\`-COee. l--2-- Date 1 / S/, Z Approval or Denial will be issued in minimum of 5 days. Approved by :ev-ised Djte 6/29/10 NON-EXCLUSIVE LICENSE AGREEMENT Offset Owner Notification WCR 65 T7N-R63W-Sections 20& 21 Weld County, Colorado I I COLORADO STATE OF • . Y LORTON ! CARROLL U� P Dr A MATTHEW E �p�stO ---' P' D ANGELO ~WILSON W cG ANNIE GRAC ' MICHAEL F- WILSON sl�0.pP ' RODNEY I__. . — — CIF ./S` DEAN \ WELCH SPENCER\ ID! 78 JAMES E 1 GEORGIOU •• RAMIREZ �- ,CARASIER R J ' nary CI uiAM _41d 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. rri m o L �- co Tro Iii c yr- CI r� I \• �' i Matthew E. & Z`a ieA. C Y loll rl �. ` —,c„... r 3II754C 6 a ' Lonnie L. &JulieA�Lccton.- Galeton, CO 80622 39671 CR 65 r : I-rte. „•>, Galeton, CO 80622 (. ._ �. _ 4.4_........� 804 Grand Ave. Ile`,r noble Platteville,CO 60651 energy Tel:970.785.5000 Fax:970.785.5099 w. ev.nobleenergyinc.com January 25, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Article#: 70111570000077880426 Matthew E. &Carrie A. Carroll 38754 CR 65 Galeton,CO 80622 Re: Section Line Access along WCR 65 Township 7 North, Ratne 63 Nest_61"P.M. Section 21: N/2NW/4 Weld County;Colorado Dear Mr.& Mrs.Carroll: Noble Energy, Inc. is requesting use of\Veld County's section line right-of-way located along WCR 65 between WCR 78.75 and WCR 80 (0.25 miles) to access proposed oil and gas operations. As these operation will ;.dd tiaii1: :tlong the ii:rre t ;:et:ca road, the Weld County Public Works department requires that all adjacent landowners be 1Iotilicd, 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 directly with any questions. Regards, NOBLE ENERGY, INC. Nate McCorkell Land Negotiator Matthew E. Carroll Carrie A. Carroll Date: Date: cc: Weld County Public Works (WCR 65)Non-Exclusive License Agreement 804 Grand Ave. i «�. noble Plat:evi:le.CO 80651 1 �--� energy Tel:970.785.5000 Fax:970.785.5099 w:Av.notleenergyinc.com January 25, 2012 CERTIFIED MAIL RETURN RECEIPT REQUESTED Article#: 70111570000077880341 Lonnie L.&Julie A. Lorton 39671 CR 65 Galeton, CO 80622 Re: Section Line Access along WCR 65 Township 7 North, Rantze 63 West, 6"`P.M. Section 20:N/2NE/4 Weld County,Colorado Dear Mr. & Mrs. Lorton: Noble Energy, Inc. is requesting use of Weld County's section line right-of-way located along WCR 65 between WCR 78.7.5 and WCR 80 (0.25 miles) to access proposed oil and gas operations. As these operations will add traffic• along the current acc•.cFs 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 directly with any questions. Regards, NOBLE ENERGY,INC. Nate McCorkell Land Negotiator Lonnie L. Lorton Julie A. Lorton Date: Date: cc: Weld County Public Works (WCR 65)Non-Exclusive License Agreement Hello