HomeMy WebLinkAbout20112311.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 70 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 70 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 70 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 24th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
i
ATTEST: c r r )Pr1i'i ti 44._ /7,1( A ,L.
/Barbara Kirkmeyer, Chair /
Weld County Clerk to the B '��\ 1E La
can P. Co y, Pro-Tem
BY: , _,��;
Deputy r4erk to the Bo
i m . Garcia'
APP ED AS RM:
David E. Long
ount Attorney EXCUSED
Douglas Rademacher
Date of signature: 0I - SKI/
2011-2311
CC : ?i4), co a EG0064
•
MEMORANDUM
TO: Clerk to the Board DATE: S - I t - 20 t l
COLORADO FROM: 'Nino,/I a Public Works
lk'v-e+ I(
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 E0 (- (ESoU-R -es 1 f.c, e rz—to b.ek—i i2 t
cry F35- A.,c)
The appropriate documentation is attached. c281
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2011-2311
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NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE A.
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into thiss16day of
August , 2011 by and between WELD COUNTY, COLORADO,by and through the Board
of County Commissioners of Weld County,Colorado,whose address is 915 Tenth Street,Greeley,
Colorado 80631, as First Party, and EOG ResourrPs, 7-)c-
,as Second Party whose
address is
600 17th Street, Suite 1000N, Denver, CO 80202
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
NWNW
of Section 17 ,Township 6 North,Range 61 West of the 6"
P.M. in Weld County, Colorado,and
WHEREAS,First Party is the owner of the right-of-way known as WCR 70 for a distance of
5577 fp't WCR and located as follows: N/2 of Section 18
and NWNW of Sec 17 between Sections 7
and 18 ,Township 6 North,Range 61 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 Party does grant to
Second Party,its successors and assigns,a nonexclusive licenseto 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:
l, First Party retains the right to revoke this NonexclusiveLicense 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 Parry in
accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of
informing First Party of Second Parts change in address from his address written above.
The upgrade and maintenance of ROW by Second Party shal l he done in such manner as reasonably.
prescribed by First Party,which manrer shall include,but riot be limited to.the following:
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11111111111111111111111 . 7Q Weld County, CO
3788647 08126/2011 12.0
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a. ROW shall be constructed and maintained as a graded and drained al1weather 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 he
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 1., 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 for snow removal
from ROW, if requiredto gain access, as partof the maintenance responsibilitiesreferred 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 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.
. 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 whatsoevercharacterto 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 ail 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.
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 agreanents 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
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3788647 08/26/2011 12:07P Weld County, CO
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g. 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 his 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 Agreementbe 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.
I I. There shall be a $150 fee for the fabrication and installation of blue and white cross toxic 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 he waived.
12, There shall be a$100.00 fee for the Nonexclusive License Agreement.
111111 11111 111111 11111 111111 011111111111111111111 III
3788647 08/26/2011 12:07P Weld County, CO
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.ax
EXECUTED N 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
itAz
Al 1 EST:
Clerk to the Board � 'tit
By:
Depu `A ra Kirkmeyer,—" hair
AUG 242011
SECOND PARTY:
NAME NAME
Div: — By:
Jonn fe Yu
SUBSCRIBED AND SWORN to before me this 16thdav of August ,1011
By Jennifer Yu
WITNESS my hand and official sea _ 1 V\ ti
Notary Public
My commission expires:
MAAGREEM.ENTSSNmwtclusiveiAGREEMENT FORM.dn tev d 1,20J'}
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88647 08/26/2011 12:07P Weld County, CO
4 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
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THE #08-18H 2,631' +1-
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LEGEND: EOG RESOURCES, INC.
EXISTINGROAD N GREASEWOOD #07-1711
PROPOSED ACCESS ROAD
PROPOSED ACCESS ROAD SECTION 17, T6N, R61W, 6th P.M.
FOR THE #8-1811 501, FNL 200' FWL
O INSTALL CATTLE GUARD
Iik16Uinta!' Engineering & Land Surveying ACCESS ROAD I0 6 13 i 1 1
85 South 200 East Vernal, Utah 84078 11'1 MONTH DAY l YEAS B
(435) 789- 1017 l's FAY (435) 789- 1813
SCALE: 1" = 2000'1 DRAWN BY: C.Ir 'REVISED: 00-00-00 TOPO
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4 eog resources
EOO Resources,Inc.
600 Seventeenth Street
Suite t000N
Denver,CO 80202
FedEx: 7974 1884 4072 Main:303-572-9000
Fax:303-824-5400
August 16, 2011
Mr. Rodney Bolin
6028 Routt Ct
Arvada, CO 80004
Dear Mr. Bolin:
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 west of WCR 85,
between Sections 18 and 7, T6N, R61W, 6TH P.M. for approximately 3,858 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, (
?iy, �Uv
e fifer Yu
Regulatory Administrator
ACKNOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
energy opportunity growth
Page 1 of 1
From: (303)8245576 Origin ID:TEXA Ship Date:16AUG11
Jennifer Yu • ActWgt:1.0 LB
EOG Resources,Inc Wm CAD:10156221711NET3180
600 17th Street,Suite 1000N
Bar Code
Denver,CO 80202 a p2900225 DelnerylA IIIIIsIIII I DID I IIIIIII II III III I I I I
SHIP TO: (303)424-0588 BILL SENDER Ref N Greasewood 8-18H
Rodney Bollin Invoice#
PO#
6028 ROUTT CT Dept!,
ARVADA, CO 80004
WED - 17 AUG Al
TRK# 7974 1884 4072
STANDARD OVERNIGHT
6261 RES
i ( 80004
72 WHHA DEN
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SCIFGUEEE7/F5F4
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 claim.Limitations 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,attorney's fees,
costs,and other forms of damage whether direct,incidental,consequential,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://www.fedex.com/shipping/html/en//PrintIFrame.html 8/16/2011
óeo resources
EOG Resources,Inc.
600 Seventeenth Street
Suite 1000N
Denver,CO 80202
FedEx: 7950 8746 6267 Main:303-572-9000
Fax:303-824-5400
August 16, 2011
Purcell Conservation Group LLC
Attn: Mr. Mark Kross
7233 Whitworth Ct
Ft. Collins, CO 80528
Dear Mr. Kross:
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 west of WCR 85,
between Sections 18 and 7 and Sections 17 and 8, T6N, R61W, 6TH P.M. for approximately
1,500 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,
J fifer u
Regulatory Administrator
ACKNOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
energy opportunity growth
Page 1 of 1
From: (303)8245576 Origin ID:TEXA Ship Date:16AUG11
Jennifer 1521. ActWgt 1.0 LB
EOG Res urces,Inc &cre"s CAD:O1562217ANET3180 600 17th Street,Denver,CO 80202 Suite 1000N Delivery Address
1zozsozz5 lIIIIIIII I IIVIII II I II I
III III Mil
III I III
SHIP TO: (970)282-0890 BILL SENDER Raf# Greasewood 7-17H
Mr. Mark Kross Invoice#
Purcell Conservation Group LLC p0##
7233 WHITWORTH CT Dept
FORT COLLINS, CO 80528
WED - 17 AUG A2
7950 8746 6267
TRK# STANDARD OVERNIGHT
r 6261 RES
1 80528
11111111
' 72 FTCA DEN
50FG1/EEE7F5F4
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 claim.Limitations 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,attorney's fees,
costs,and other forms of damage whether direct,incidental,consequential,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://www.fedex.com/shipping/html/enliPrintIFratrie.html 8/16/2011
WELD COUNTY ACCESS PERMIT
c.
Weld County Public Works Dept. Phone: (970)304-6496
1111 H Street After Hours: (970) 356-4000
P.O. Box 758 r: Emergency Services: (970) 304-6500 x 2700
Greeley, CO 80632 •� Inspection: (970)304-6480
: IC W•
Permit Number: AP11-00347
Issuance of this permit binds applicant and its contractors to all requirements,provisions, and ordinances of Weld County,Colorado.
Project Name: Greasewood 08-18H Expiration date: 02/11/2012
Applicant Information: Property Owner Information:
Name: Jennifer Yu Name: Bolin Rodney Willis
Company: EOG Resources Inc Company:
Phone: 303-824-5576 Phone:
Email: jennifer_yu@eogresources.com Email:
Location: Proposed Use:
Access is on WCR: 85 Temporary:
Nearest Intersection WCR: 85 &WCR: 68 Single Residential:
Distance From Intersection: 5190 Industrial:
Number of Existing Accesses: Small Commercial:
Oil&Gas.
Planning Process: D
Large Commercial:
Road Surface Type&Construction Information: Subdivision:
Road Surface: Gravel Field(Agricultural
Culvert Size&Type: 18"X 82'CMP Only)/Exempt:
Start Date: 08/22/2011 Finish Date: 09/30/2011
Materials to Construct Access: Native Soil&Gravel
Required Attached Documents Submitted:
Traffic Control Plan: Yes Certificate of Insurance: Access Pictures: 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 Yz 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
Approved by: q Weld County Public Works Date: 8/12/2011
Print Date-Time: 8/12/2011 7:52:21AM Report ID: PW00008v001 Page 1 of 1
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