HomeMy WebLinkAbout20112236 RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 104 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 104 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 104 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 17th day of August, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: � L/tile tiL . �` I ( J It LI/
_.40011111144.0 'arbara Kirkmeyer,tChair
Weld County Clerk to the B't E /1•
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\ �•
• �� can P. C 'ro Tem CS
BY: �-�w � � tsar � .,144s
Deputy irk to the Bt dam. /✓
fir` Cie • WF. Garcia
APP AS FORM,•� I Sk CINSV
David E. Lon
ty Attorney -
Dou s Rademac er
Date of signature: cl-t/1
2011-2236
QL,• Pua EOG(e.+19 EG0064
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a
Kit
MEMORANDUM
TO: Clerk to the Board DATE: 8- 15 (/
COLORADOC. FROM:. Donald Carroll, Public Works -a.0
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 EC G Resogi'c'&S,j,ic. ( C2 /04 Sgcnou LINE),
The appropriate documentation is attached.
Enclosures
pc: Planning staff
M:\Francie\AgendaDonald nonex.doc
M: \Francie\AgendaDonald nonex.doc
2011-2236
óeo resources
EOG Resources,The.
600 Seventeenth Street
Suite 1000N
Denver,CO 80202
Main:303-572-9000
Fax:303-824-5400
August 10, 2011
Mr. Donald Carroll
Weld County Public Works Department j t� \l S
1111 H. Street
Greeley, CO 80632
JH AUG 119011
Re: Non Exclusive License Agreement
Jackson Draw 15-24H ---
NWNE, Section 24, T9N, R61W VELD C0'JNEY PUBLIC 1,107,`S ()PT
Jackson Draw 08-14H
SESE, Section 14, T9N, R61W
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 24 and SESE of Section 14, T9N,
R61W. A NLA is necessary as currently there is not an existing road on the N1/2 of Section 24 and S1/2
of Section 13 and SESE of Section 14 and NENE of Section 23, T9N, R61W. Said sections are not
railroad sections and they were patented after October 12, 1889.
If you have any questions or need additional information, please do not hesitate to contact me at 303-
824-5576.
Sincerely,
Jenniferl Yu
Regulatory Administrator
Attachments:
Application Fees
Non Exclusive License Agreement
Access Road Map
Landowner Notification
Weld County Permit Application
energy opportunity growth
392 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 10day 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 Pasty, and EOG Resources, rnc-
, as Second Parry w hose
address is 600 17th Street, Suite 1000N, Denver, CO 80202
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
SESF. of Section 14 ,Township 9 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 104 for a distance of
970 feet WCR and located as follows: N/2 of Section 24
8/2 of Sec 13, SE/4 of 14 & NE/4 of Sec 14 for a,pprox 4970' between Sections 1 -3
and 24 ,Township 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 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 Parry 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 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 man cr shall include,but not be limited to,the following:
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a. ROW shall be constructed and maintained as a graded and drained al-iweather road.
b. lfthe 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 Parry 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 he responsible to supply and
install such cattle guard, which shall meet County standards. Second Party shall b::
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 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 responsibilitiesreferredto 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 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 Parry 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 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 subiect
matter of this instrument other than expressly set forth herein,and no oral representation,prom ise.or
consideration different from the terms herein contained shall he binding on either party hereto.of.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.
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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, 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 ins 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 he 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 previousl:'
exist with respect to any person not a parry 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 sectioniine 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.
I IIIIII IIIlI 111111 11111 lilll IIIII 111111 III I!!II IIII IIII
3787312 08/22/2011 11:38A Weld Couory, CQ
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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: iftut
*1
Clerk to the Board
ref
` a a Kirkmeyer, C it
Deputy erl
AUG 1 72011
SECOND PARTY:
NAME NAME
By: �
(- /e i,.
� By:
Jennifer Yu
SUBSCRIBED AND SWORN to before me this 10thday of August .7011
By Jennifer Yu
WITNESS my hand and official seal ��..���
,ptEN,s`•••.� 1� I 1
Notary Public NO j'
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i
My commission expires: �(
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'`‘,cOtORA "
M\AGREEMENTS.Non-exciusivdAGREEMENT FORt.1.dnc atevscd]^007)
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3787312 08/22/2011 11:38A Weld CountyCO
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4Seog resources
EOG Resources,Inc.
600 Seventeenth Street
Suite 1000N
Denver,CO 80202
FedEx: 7973 9930 4135 Main:303-572-9000
Fax:303-824-5400
August 10, 2011
Lone Pine Livestock, Inc.
Attn: Mr. Carl Hansen
4568 CR 74E
Livermore, CO 80536
Dear Mr. Hansen:
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 97,
between Sections 13 and 24 and Sections 14 and 23, T9N, R61 W, 6TH P.M. for approximately
4,970 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,
Jennifer Yu
Regulatory Administrator
ACKNOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
energy opportunity growth
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LEGEND: EOG RESOURCES, INC.
EXISTING ROAD N JACKSON DRAW #15-2411
PROPOSED ACCESS ROAD SECTION 24, T9N, R61W, 6th P.M.
x x x x EMSTINGFENCE
if INSTALL CATTLE GUARD 600' FNL 2128' FEL
iiirs Uintah Engineering & Land Surveying ACCESS ROAD 12 1 4 1 0
85 South 200 East ' Vernal, Utah 84078 MAP MONTH DAY YEAR B
(435) 789- 1017 ,k FAX (435) 789- 1813
SCALE: 1" = 2000'1 DRAWN BY: S.F. 'REVISED: 00-00-00 TOPO
Page 1 of 1
From: (303)8245576 Origin ID:TEXA GJ-a,,-,s Ship Date:10AUG11
Jennifer Yu fWs2S. ActWgt 1.0 LB
EOG Resources,Inc Ewe" CAD:101562217/INET3180
600 17th Street,Suite 1000N C Delivery Address Bar Code
Denver,CO 80202 "Hill II IIIIIIIIII II IIIIIII II IIIIIIIIII III
J1120110424/225
SHIP TO: (970)493-0901 BILL SENDER Ref#
Invoice#
Lone Pine Livestock Inc PO#
Dept#
4568 COUNTY ROAD 74E
LIVERMORE, CO 80536
THU - 11 AUG PM
# 7973 9930 4135 PRIORITY OVERNIGHT
0201 RES
80536
( 72 FICA DEN
71 , 1 ALEN
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https://www.fedex.com/shipping/html/en//PrintIFrame.html 8/10/2011
4:7° %A Weld County Public Works Dept.
s - -' 1111 H Street ACCESS PERMIT
,9 eta:-'co P.O. Box 758
co -.in& Greeley, CO 80632 APPLICATION FORM
"rlicwe- Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner (If different than Applicant)
Name Jennifer Yu Name Lone Pine Livestock Inc.
Company EOG Resources, Inc. Address 4568 County Road 74
Address 600 17th Street. Suite 1O0ON City Livermore State CO Zip 80536
City Denver State CO Zip 80202 Phone 7-` L WE --;
i
Business Phone 303-824-5576 Fax - )lr 1
II i
Fax 303-824-5577 E-mail i I, AUG 1 1 p011 LL
E-mail jennifer_yu@eogresources.com A= Existing Access A= Proposed Access _____I
Parcel Location &Sketch U/ELG C0LiN FY PUBLIC V,I0PILS DFF
The access is on WCR 97
Nearest Intersection:WCR 97 &WCR 390 WCR
Distance from Intersection 7660 FT
Parcel Number 046513000011 97
Section/Township/Range 13/9N/61W t
3 sat 13 3
Is there an existing access to the property? YES NO N
S€C I4
Number of Existing Accesses 0
Road Surface Type&Construction Information
—
Asphalt Gravel X Treated _ Other — — WCR - CI+
Culvert Size &Type NONE
23
Materials used to construct Access Native Soil & Gravel 24
Construction Start Date 8/15/11 Finish Date 9/30/11 Note: See Attached Plan, Detail, & Photo Sheets
Proposed Use
o Temporary(Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150
N Small Commercial or Oil & Gas/$75 o Large Commercial/$150 ❑ Subdivision/$150
o Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? o No ❑ USR ❑ RE o PUD N Other oil & Gas
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 �/1IIp/1— CAIV Printed Name Jennifer Yu Date 8/10/2011
Approval or Denial l ill be issued in minimum of 5 days. Approved by
EOG Resources,Inc.
600 17th Street
Suite 1000 N
Denver,CO 80202
CHECK No. 0300 0 2 3 3 91
VENDOR No. 270164
PAGE OF
DATE 08/10/11
WELD COUNTY PUBLIC WORKS DEPARTMENT
1111 H STREET
PO BOX 758
GREELEY CO 80632
VOUCHER NET
INVOICE NO. INVOICE DESCRIPTION
NO. DATE AMOUNT
75958 23391 08/10/11 JACKSON DRW 8-14H&15-24H 230-401 $125.00
75958 23391 08/10/11 NON EXCLUSIVE LIC AGREEMENT 230-401 $125.00
TOTAL CHECK AMOUNT USD $250.00
DETACH AND.RETAIN THIS STUB FOR YOUR RECORDS.
NG 0300 023391.
EOG Resources,Inc 11ECK DATE
600 17th Street 08/10/11
5.og resources Suite 1000N -- zD-:
Denver,CO 80202 -
311
TWO HUNDRED FIFTY AND NO/100 _ -PAY EXACTLY DOLLARS $
_ l3�10 I
WELD COUNTY PUBLIC WORKS DEPARTMENT
PAY TO THE 1111 H STREET NOT VALID AFTER 90 DAYS
ORDER OF PO BOX 758
GREELEY COia
C 80632
CITIBANK DELAWARE NOTNOT VALID OVER$1000 UNLESS COUNTERSIGNED
VALID OVER$5000
FIELD DISBURSEMENT ACCOUNT
00 3000 23 39LII' I:O 3 L LOO 209i: 39 L LO3 38"
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