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Home My WebLink About20111251 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROADS 106, 108, AND 129, 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 Roads 106, 108, and 129 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 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 Roads 106, 108, and 129 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 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. \, ELU 2011-1251 (st 1_ ` k EG0064 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROADS 106, 108, AND 129 - EOG RESOURCES, INC. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of May, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD�SUNTY, CO RADO ATTEST:', .. • / ..t..r r.ar�meye , Chair Weld County Clerk to the : _ • ( =iO � ' BOL0 . ,Sean P. Ccniway, Pro-Tem Deputy Clerk to the B.- . ..�I C l F.�9arcia AP VED ORM: lr avid E. Lon unty Attorney ougla Rademach r Date of signature: 5720M 2011-1251 EG0064 rit It; MEMORANDUM C TO: Clerk to the Board DATE: May 13, 2011 COLORADO FROM: Donald Carroll, Engineering Administrator 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 EOG Resources,Inc.to access parts of CR 106,CR 108,and CR 129 section lines. Enclosed is one original signed signature sheet for the agreement. Enclosures M:\Francie\AgendaDonCarroll.doe 2011-1251 j NONEXCLUSIVE LICENSE AGREEMENT FOR TAE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 11day of May , 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 ResourceS., Tnr ,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 sF 114 s -DIE <.4 of Section 10 ,Township 9 North,Range 58 West of the 6th P.M. in Weld County,Colorado,and WHEREAS,First Party is the owner of the right-of-way known as WCR 106 for a distance of 264_0 feet WCR 129 and located as follows: NE1/4 of Section 10 for approximately 2640' between Sections t n and 11 Township North,Range 58 West,in Weld County,Colorado,which is hereinafter referred to as "ROW," andSl�2of Section 2, T9N, R58W for approx. 5280 ' on WCR 1G8 WHEREAS, ROW is currently not beingmaintained by First Party,and WHEREAS,Second Party wishes to upgrade and thereaftermaintainROW 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: 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 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 Parts 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 l llllll1111 IlII1111ti IIII Ill]IIIIII ill]111111 l« � counfi�, �� 111111 l 3769955 05!2312011 ��.55A wel Clerk&Recorder of 4 R 0.00 D 0.00 Steve Moreno a. ROW shall be constructed and maintained as a graded and drained allweather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsibleto 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 responsibleto 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 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 partof the maintenance responsibititiesreferredto 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. 5. Except for the negligence of First Party,Second Party agreesto 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 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 1111111111 111111111I 1111 3769955 05/23/2011 11:55A 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, 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 itis 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 dirty 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. There shall be a$100.00 fee for the Nonexclusive License Agreement. 3 fill!! 11111 11 II MIII liii M 1111MM lI! 3769955 05/23/2011 11:55A 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 Al I EST: 75 • Clerk to the Board : LaBy: De u lerk ' q`•��!,� Barb ra Kirkmeyer, air p MAY 132011 14 �� SECOND PARTY: NAME NAME By: �� IPIPc27g By: Jennifer Y, SUBSCRIBED AND SWORN to before me this lltnday of May ,2011 By Jennifer Yu // /� WITNESS my hand and official seal 61.441��i bdQA Pi/Le/Le lei /i 7, °j� " Notary Public My commission expires: R Notary Public 3u L L l°1 t, AMBER RAE FLEICHER 1 le l, (� Expires J s • MycJuly1 ,2 dub19,2o14 n State of Utah J h!\^.GREENeTTS\1orleuclusivdAGREEMENT FORM.doc(Revised 12007) t•.... . ... 4 111111111111111111 111111111 1111 11311I I 11111111111111 3769955 05/23/2011 11:55A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Vic///d5/ o- U S ATIMBRO RANCH & CATTLE CO LLC TIMBRO RANCH & CATTLE CO LLC 1 a 28NELSONRANCHESINC27 27 26 '... -- 25 . .. . CASTOR BETTY JEAN TIMBRO RANCH & CATTLE CO Le TIMBRO RANCH & CATTLE CO. LC " U S ANELSON RANCHES INC CASTOR BETTY JEAN TIMBRO RANCH & CATTL`r z NELSON RANCHES INC ` CASTOR BETTY JEAN CASTOR BETTY JEAN NELN RANCHES INC 33 ., • 34 35 . . . 36 ROHN ROBERTJOHNSON WALTER E JR• . , ,. .t ! , . - 4Ni. . e CASTOR BE• 1129 gKa lg-'--3 LARKIN HENRY J: ESTATECASTOR BETTY JEAN S A CASTOR BE I I Y JEAN ` - ROHN ROBERT ,. CASTOR BETTY JEAN VAN CLEAVE COLEY u YVAN CLEAVE COLBY N FIN ROBERT 4 2001 PROPERTIES LLC 2 ROHN ROBERT • 2001 PROPERTIES LLC ,'ROHN ROBERT 108 .. . __ :' BRO RANCH & CATTLE CO LLC ROHN ROBERT 2001 PROPERTIES LLC }iARL SS BA RBAR CASTOR BE I I Y JEAN 1 .2HARLESS BARBARA �� „. 9 10 ,, 1 VAN CLEAVE COLBY ' ROHN ROBERTres., 2001 PROPERTIES LLC .. • wA ' ' 0i COOK DORIS L TRUSTEE 2001 PROPERTIES LLC : 4 isi.. 7. . •• ,. 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P., cc?) ..., •\ , > Py er , _..1., -. t Ir..\:,./ il JI . -`-` _...., •. • . \ \ .., / i ‘ -. \ --es / , . ...,.... ,. \‘ :-:..,, i. -:.\---,_.._ . 2 . bfri, -, ‘ ,..„-, \.).„ .,.._ 4)74' i i ( ,• , \ \ C- \ i --K.--.7. t''' ...,-,N. ,,\„, c:,--__, _ _s. ..---Z I :,� , ...I ii _ EXISTING 2-TRACK . ( ` '``.\ -,' \., (-- i ! '" PROPOSED ACCESS FOR ,rte_- --- ---1 \J �i ... __, , ' \,, , , >^' '% . THE #14-15H 1,380' +/- :ACCESS ' J r PROPOSED ACCEo � 3, 90 +;- 1 � 4. Oft %,„,__ `\ ` ; , ,,.� ,�.� i l 11 ...,, . .,. s,..021,1rWs. \ , ,2 4 • n " 4979 , ' "s. \ • 'NI Irhii:**S\ \\:_---- ea- ( 4:S...\'‘ I r t (_, _ 4., \.‘,. N.C. ,12., '4 \ S\; 1 ‘ N___ tee -- \'\ ?\--/ ✓ /' �..__ -_� .-_tea `• \. \4* : w1' Ii'.� •'`4 ' r%\ `` �`� -�Lti W w •� ,§. ` `, _ _r PROPOSED LOCATION: _ w, \�. • ! • ��_ ) FISCUS MESA #13-14H If \\ �V s � � ) i' ) \ \ \ei �I • Aso\ _ �� _J \\j/ .1 f•� I ` ... b- - t. t `\ a=te �.L�l �+ 1 , 15 \� ,w ` w �4 , -,'~ ,' 13 ._=,�--- ----emu -•-_ � _� -- _.1,..� �_ +6 0 R t , . i :.; /. f_ ' , . I. ilt Igo - Creek t . `;�" •_ , • 1 � , I � 1(cJ Th �!r LEGEND: EOG RESOURCES, INC. EXISTING ROAD N FISCUS MESA #13-14H PROPOSED ACCESS ROAD SECTION 14, T9N, R58W, 6th P.M. EXISTING 2-TRACK 501' FNL 501 ' FWL -LkUintah Engineering & Land Surveying ACCESS ROAD 11 08 10 T 85 South 200 East Vernal, Utah 84078 MAP 'MONTH' DAY YEAR B IS (435) 789-1017 lit FAX (435) 789-1813 SCALE: 1" = 2000'1 DRAWN BY: Z.L. !REVISED: 04-06-11 TOPO tog resources EOG Resources,Inc. 600 Seventeenth Street Suite 1000N Denver, CO 80202 Main:303-572-9000 Fez:303-824-5400 May II,2011 Mr. Donald Carroll Weld County Public Works Department f� O 1111 H. Street l� Greeley,CO 80632 � I Re: Non Exclusive License Agreement MAY 2 1011Fiscus Mesa 13-1411,14-15H& 11-12H SE1/4&NE1/4 of Section 10,T9N,R58W 51/2 of Section 2,T9N,R58W WELD COUN fY PUBLIC WORKS OFF Weld County,Colorado Dear Mr.Carroll: EOG Resources,Inc. is applying for a Non Exclusive License Agreement(NLA) in order to build an access road to the referenced wells located within the NWNE of Section 15,NWNW of Section 14 and NWNW of Section 1,T9N,R58W. A NLA is necessary as currently there is not an existing road on the SEI/4 and NE1/4 of Section 10 and S1/2 of Section 2,T9N,R58W. Said section is not a railroad section and the patented dates are as follows: 5/24/1920(S 1/2SE1/4 of Section 10), 1/7/1916(E1/2NE1/4 of Section 10),6/7/1918(SW I/4 of Section 2)and 6/25/1919(SEI/4 of Section 2) If you have any questions or need additional information,please do not hesitate to contact me at 303-824-5576. Sincerely, J Per Yu Regulatory Administrator Attachments: Application Fees Non Exclusive License Agreement Access Road Map Landowner Notification Weld County Permit Application energy opportunity growth EGG Resources,Inc. eog resources 800 Seventeenth Street Suite 1000N Denver, CO 80202 Main:303-572-9000 Fax:303-824-5400 FedEx: 7970 8431 7741 May 11, 2011 2001 Properties LLC Attn: Todd &Wade Castor 25450 CR 10 Weldona, CO 80653 Dear Messrs. Castor: 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 east of CR 127, on CR 106 between Sections 10 and 15, WCR 129 between Sections 10 and 11 and CR 102 between Sections 2 and 11, T9N, R58W, 6T" P.M. for approximately 10,560 feet of section line access. The road right-of-way will be confined within your property in the south and east side of Section 10, T9N, R58W and south side of Section 2, T9N, R58W (see the attached Topo B 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 er Vier Regulatory Administrator ACKNOWLEDGEMENT: Print Name Date Print Name Date Signature Signature energy opportunity growth WELD COUNTY ACCESS PERMIT • Weld County Public Works Dept. Phone: (970) 304-6496 1111 H Street After Hours: (970)356-4000 P.O. Box 758 * 1'r Emergency Services: (970)304-6500 x 2700 Greeley, CO 80632 1` ' • Inspection: (970)304-6480 • Permit Number: AP11-00005 Issuance of this permit binds applicant and its contractors to all requirements,provisions,and ordinances of Weld County,Colorado. Project Name: Fiscus Mesa 02-03H Expiration date: 07/10/2011 Applicant Information: Property Owner Information: Name: Jennifer Yu Name: -- Company: EOG Resources, Inc. Company: 2001 Properties LLC Phone: 303-824-5576 Phone: Email: Jennifer_Yu@eogresources.com Email: Location: Proposed Use: Access is on WCR: 127 Temporary: Nearest Intersection WCR: 127 &WCR: 104.5 Single Residential: Distance From Intersection: 5130 Industrial: Number of Existing Accesses: 1 Small Commercial: Planning Process: Oil&Gas: Large Commercial: Road Surface Type&Construction Information: Subdivision: Road Surface: Gravel Field(Agricultural Culvert Size&Type: 18"X 82'CMP Only)/Exempt: Start Date: 03/01/2011 Finish Date: 03/15/2011 Materials to Construct Access: Native Soil&Gravel Required Attached Documents Submitted: Traffic Control Plan: Yes Certificate of Insurance: No 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'%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: / Weld County Public Works Date: 1/11/2011 6.4 Print Date-Time: 1/11/2011 3:04:12PM Report ID: PW00008v001 Page 1 of 1 WELD COUNTY PUBLIC WORKS ' Co. Phone: (970) 304-6496 Weld County Public Works Dept. 1111H Street Fax: (970) 304-6497 P.O. Box 758 q 'la- Or Greeley, CO 80632 G .or PAYMENT RECEIPT Permit#: NP11-00047 Permit Type: Miscellaneous Applicant: Jennifer Yu EOG Resources, Inc. 600 17 St, Suite 1000 N Denver, CO 80202 Amount Paid Date Payment Method Reference Number Cashier $250.00 5/13/2011 Check 1191776510 MCAUDILL Comments: Fiscus Mesa, #13-14H, 11-12H, 14-15H Non-exclusive Lic Agr @ $100. + Blue &White Signs @ $150. = $250.00 Total Payments: 1250.00 - - EOG RESOURCES, INC. VENDOR No. 270164 §2:.an No. 1191776510 P.O. BOX 4362 311 ogresountes HOUSTON, TEXAS 77210-4362 04/25/11 $$$$$$$$$$$$$250.00 WELD COUNTY PUBLIC WORKS NOT VALID AFTER 90 DAYS DEPARTMENT PAY TO THE 1111 H STREET ORDER OF P 0 BOX 758 GREELEY, CO 80632 NU1 Two Hundred Fifty and 00/100 Dollars AUTHORIZED SIGNATURE OPERATIONS ACCOUNT CITIBANK, N.A. ONE PENN'S WAY, NEW CASTLE, DE 19720 Hello