HomeMy WebLinkAbout20112368.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROADS 85, 86, AND 88, 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 Roads 85, 86, and 88 Rights-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 Roads 85, 86, and 88 Rights-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 7th day of September, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C �RADO
ATTEST:�j c-/-3 �! ilcksi , II//1, c /A
[-Barbara Kirkmeyer, Chair
Weld County Clerk to the Boar
,' I;YSean P. C ay, Pro-Tem`
BY: v / ��
Deputy rk to the Bo •—r'
Fe 1Wil F. c"/
APPASTOF � `' C
C
vid E. Lon
unty rney
Dougl s Radema her
Date of signature: c' -/`/-//
2011-2368
EL, P Co EG0064
q -I5 - II
•
MEMORANDUM
TO: Clerk to the Board DATE: 5 - 31-,;_O I I
COLORADOC. FROM.Mit„-.�`cl Public Works
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 �a/TiNENTAL- RC-so 14 Rat-5 C1S/,Q/
5ECTIoN L/AtiE 4eeE.S(C12 86 85, k+.it) 85)7D 77,•66"DRLL L. 5/Tire
The appropriate documentation is attached.
Enclosures
pc: Planning staff
01,0 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this I7day of
_ .2011, by and between WELD COUNTY,COLORADO,by and through the Board
of Couitc4 Commissioners of Weld County,�Colorado,whose address is 915 Tenth Street,Greeley,
Colorado 80632,as First Party,and ( +cal'kiimeet.4a.i gesocirces
,as Second Party whose
address is 'r) Box 103.1 ee -73-]0 D.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
WE%y NE % of Section-( Township 8 North,Rangel,( West of the 6t
P.M. in Weld County,Colorado,and
WI•IEREAS,First Party is the owner of the ri Hof--way known as WCR%% for a distance of,�D�
,.� WC Rx and located as follows: /
Afq WCg ' x. > - 3 ,t(tY between Sections
andj.Township-7 North.Range(,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 he 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
he 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
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2011-2368
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 he 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 tbrth 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 he 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 Pam'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 ofthe Second
Party's assets or equity interests in Second Party, for which no consent shall he 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 he 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.
I
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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 he affected,
and every other term and provision of this Nonexclusive License Agreement shall he 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.
1 I. 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 he binding upon the parties hereto,their successors.and assigns.
41111111411111111111111 1111111 liii 111111111 Ii11
3791083 09/08/2011 03:27P Weld County, CO
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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 � EL Ake
.z ' / {i r � �
•
.t`Gn
By: c'Y A, • ' Ii t �.�G•il1 At t. L(2, Atzpi
L�
Clerk 10 R S
ar ara Kirkm y ;Chair
SEP 7 2011
SECOND PARTY:
NAME NAME
By: - al., IA E3}:
RDA/Irt
SUBSCRIBED AND SWORN to before me this -z II day of 41 us T . 201i.
By ,�iafu- $4. k-
WITNESS my hand and official se
Notary Public
My [mission expires:
3, �Y RON LUNDNotary Ruble
State of North Dcsko$
�+N Commission E
MAA(IREEMENTS\Non-exdu:ive,AGREINF.NT FORM.doc � M 23.2016
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3791083 09/08/2011 03:27P Weld County,
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c Oll-a3118
Page 1 of 2
Jake Kasza
From: Donald Carroll [dcarroll@co.weld.co.us]
Sent: Tuesday, August 16, 2011 11:36 AM
To: Jake Kasza
Cc: markandsuzy@comcast.net
Subject: RE: Nonex. License
The right-of-way route: East on WCR 86 for a distance of 2640' in the North 30' of Section 1-7-61,
thence North on WCR 85 for a distance of 5280' in the West 30' of Section 31-8-61, thence East on WCR
88 for a distance of 3940' in the North 30' of Section 31-8-61.?
I need a FAX number,to sent you the routes.
Donald Carroll
Engineering Administrator
Weld County Public Works
1111 H Street, P.O.Box 758, Greeley Co.80632-0758
tel: (970)356-4000 x3750
x
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:Jake Kasza [mailto:Jake@diamondnd.comj
Sent:Tuesday,August 16,2011 9:08 AM
To: Donald Carroll
Cc:Mark Robertson(markandsuzy@comcast.net)
Subject: RE: Nonex. License
Thank you,I appreciate your help. I have attached the access map for the next project I am working on in Weld
County. Please let me know if it falls into the public row or if easements will be required from the landowners.
I'm also copying Mark Robertson on this email; if possible please add both of us when you are doing
correspondence so we can be on the same page.
Thanks,
Jake
From: Donald Carroll [mailto:dcarroll@co.weld.co.usl
Sent:Tuesday,August 16, 2011 9:58 AM
To:Jake Kasza
8/17/2011
Procedural Guide to determine if a road right-of-way exists
To determine if a road right-of-way exists along this section line:
(1)visit the right-of-way section of the Engineering Division's portion of the county web site.
(2) then visit the county road R/W records in the GIS Department, show on a map the R/W that exists.
(3) then contact Leon Sievers in our R/W Division to verify your paper work.
Weld County may, if approved by the BOCC, grant a Nonexclusive License Agreement for the upgrade
and maintenance of private improvement within this right-of-way.
1) ta.s-i. ov'. WCR- o o 4o( a d;s1_ar.ce, Z(o"-IO' ;., 4-Le.
AO(4-k 3O ' 5 - - - 1- 7 - 41 ) 4 e,rtict.
2) N04-t& oY' WC Os Cot' a oQ:s4a►1c.e. eC 52.420 1,�
wes4- 30 ' of St e_41..-, 3 i - g - (o ( e-Ptc-t
3) east of• Wes_ 82 roc a 01;‹40 e 3°I1O ; e-
ytot!4t. 3O ' o Se 4-4 ice.-, 3 g - 14 (
M:\AGREEMENTS\Non-exclusive\Procedural Guide to determine if a road right.docx
�\. y, Weld County Public Works Dept.
1111NStreet ACCESS PERMIT
~ P.O. Box 758
G � Greeley,CO 80632 APPLICATION FORM
�./C ijOQ Phone: (970)304-6496
Fax:(970)304-6497
Applicants
' Property Owner(If different than Applicant)
Name t/jav--err 1425Zt P O'V 3,,,14' Name Cev`.4(ex I,_ Save. t .fit.-
Company Covttii6eitta 1I�..;(. J ��-. Address 1 9 0 N 1A4-s-4-116k_4.1 d1 r/ AR_
Address ''C.,) F 10319-- ! City Vi;u"17w State / Zip I.,p7g 0--
City 7570" ''
City �LiriR _Stag. Zip � Phone 5f� - �;9--1 - I3u23v
Business Phone 6-g0-6-14g' 7(oi) Fax
Fax t,g4.5 - CT - —≤ E-mail
E-mail Marc-us s;ATf--/---)1^PGvn4-(6.c-06 -L=Existing Access ti=Proposed Access
Parcel Location&Sketch
The access is on WCR 1?8 p
Nearest Intersection:WCR C�[L�,,r��&WCR g5- wca
Distance from Intersection r`- 'y ►''h''''am
Parcel Number 6,` '7 �.�I O-) '"" -3
Section/Township/Range g - r T
Is there an existing access to the property? YES NO / N
Number of Existing Accesses ROW
Road Surface Tyne&Construction Information __J
Asphalt Gravel 'Treated Other WCR 8 Co
Culvert Size&Type " /-g --AS neech
Materials used to construct Access I I I
I
Construction Start Date (V F Finish Date 1 7 1
Proposed Use
o Temporary(Tracking Pad Required)/S75 e Single Residential/$75 ❑ Industrial/$150
"Small Commercial or Oil&Gas/$75 ❑Large Commercial/$150 e Subdivision/$150
o Field(Agriculture Unly)/Exempt
Is this access associated with a Planning Process? /No o USR o RE a PUD ❑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. , '/
eaf..;Za—. 0-4e///
Signature r . Printed Name Date
1
Approval or D•nial wil be issued in in urn of 5 days. Approved by
Revised Date 6/29 C
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AUG-16-2011 TUE 10:40 AM WELD COUNTY PUBLIC WORKS FAX NO. 970 304 6497 P. 02
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BAXTER MABEL L(LE) ST ANDREW E F,CHULTE DENNIS ,
BAXTER MABEL LUC. LE
SASS RICHARD EVtc ST M'eFjIETTA B ASS HELEN M(LE)LOEW CARYN L LOEW CARYN L CTS HELEN M(LE) ONES FRANK C I
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Typical Traffic Control Plan Diagram
:ROAD
,oRR
SAD
500 Fr
a it
w ,L
sr.f:tu
j4 { ,
,14
O
O
500 FT
ROAD
WORK
AHEAD
Notes:
E 1. The above diagram is typical for normal shoulder work applications. Additional sigt»n_may be
required.
I
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.
channelizins devices are required for day use only. No night time obstructions are allowed.
WELL HEAD PHOTO EXHIBIT
+...
Figure 1 : STAUDINGER I-31H ACCESS ROAD LOOKING EAST TOWARD WELL HEAD
(NEI/4 NE1/4 SEC 31, T8N, R61W, 7-26-11)
B sELINE
engineering corporation
Land Use & Civil Engineering Consultants WWW.BASELINECORP.COM
WELL HEAD PHOTO EXHIBIT
2 4r • l ,41 '
rat ., < < ; w`
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a.
•
-
•
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Figure 4: STAUDINGER 1-31H ACCESS ROAD LOOKING WEST
(NE1/4 NE1/4 SEC 31, T8N, R61W, 7-26-11)
B A sELINE
engineering corporation
Land Use & Civil Engineering Consultants WWW.BASELINECORP.COM
► ► ► , Diamond Resources C� op�
Donn Skadeland, CPL
President
Complete Energy Land Services askaa(uaiamondaa.com
Tod G.Maleckar,CPL
P.O. Box 1938 • 602- 11th Street West•Williston,ND 58802 Vice President
701-572-4523 •Fax: 701-572-1490 maleckar@diamondnd.com
August 24, 2011
Central Sand, Inc.
do Dick Hoskinson
990 N. Westlink Ave
Wichita, KS 67212
Dear Dick Hoskinson:
This letter is to notify all poperty owners using the County section line access that we are requesting an access for
proposed oil and gas drilling operations location on WCR 88, between WCR 86 through WCR 85 and WCR 88,
2.25 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 on the certified mail
receipt will also acknowledge notification.
Sincerely,
DIAMOND RESOURCES CO.
Jake Kasza,ROW Landman
ACKNOWLEDGEMENT:
X: X:
Print name Date Print name Date
X: X:
Signature
1 1 1 1 Diamond Resources Donn skadeland, CPL
President
Complete Energy Land Services dskaa@Presid nd,id.com
Tod G.Maleckar,CPL
P.O. Box 1938 • 602—11`h Street West•Williston,ND 58802 Vice President
701-572-4523 •Fax: 701-572-1490 maleckar@diamondnd.com
August 24, 2011
Jerrie L. White
5437 W 7th St Rd
Greeley, CO 80634
Dear Jerrie L. White:
This letter is to notify all poperty owners using the County section line access that we are requesting an access for
proposed oil and gas drilling operations location on WCR 88,between WCR 86 through WCR 85 and WCR 88,
2.25 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 on the certified mail
receipt will also acknowledge notification.
Sincerely,
DIAMOND RESOURCES CO.
Jake Kasza, ROW Landman
ACKNOWLEDGEMENT:
X: X:
Print name Date Print name Date
X: X:
Signature
ILIA Diamond Resources Donn Skadeland,CPL
President
dskad�tidiamondnd.com
Complete Energy Land Services
Tod G. Maleckar, CPL
P.O.Box 1938 •602-11th Street West•Williston,ND 58802 Vice President
701-572-4523 •Fax: 701-572-1490 maleckar@diamondnd.com
August 24, 2011
Shirley June Howard
27249 County Rd 49 %z
Greeley, CO 80631
Dear Shirley June Howard:
This letter is to notify all poperty owners using the County section line access that we are requesting an access for
proposed oil and gas drilling operations location on WCR 88,between WCR 86 through WCR 85 and WCR 88,
2.25 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 on the certified mail
receipt will also acknowledge notification.
Sincerely,
DIAMOND RESOURCES CO.
Jake Kasza, ROW Landman
ACKNOWLEDGEMENT:
X: X:
Print name Date Print name Date
X: X:
Signature
Accela Automation: ShowPayDetai140 - T8108-D Page 1 of
/,{� �� Weld County Public Works Department
f pr, 1, \ 1111 H Street Mailing Address:
Greeley,CO 8 PO.Box758
Phone: (970)356-456-4 000 x3750 Greeley,Colorado 80632
or(970)304-6496
COLORADO FAX:(970)304-6497
RECEIPT
Application/Permit Number: NP11-00087
Application/Permit Type: Miscellaneous/NA
Applicant Name: Diamond Resources Co
Applicant Address: PO Box 1938
Williston, ND 58802-1938
Receipt Number: 63082
Payment Method: Check
Reference Number: 034193
Amount Paid: $250.00
Payment Date/Time: 08/30/11 01 :08:58
Cashier: Marj Caudill
Comments: Subdiv signs @ $150.00 & Non-Excl. Lic. Agr @ $100. = $250.00
T810E
Version•
INOMMIIIED
AMERICAN STATE BANK AND TRUST COMPANY 08419:
WILLISTON,ND 58802-1446
DIAMOND RESOURCES CO. 77-51/913
PO.BOX 1938 PH.701-572-4523
WILLISTON, ND 58802-1938 8/24/2011
PAY TO THE *`250.00
ORDER OF Weld County $
Two Hundred Fifty and 00/100,,..,.......................................................................................... DOLLAF
is
MEMO This check VOIOler 90 days from the issue date
Approach Permit- Staudinger#1-31H
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