HomeMy WebLinkAbout20113003.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 106 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 Road 106 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 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 Road 106 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 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 21st day of November, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
s:
ATTEST:' �— Cwl it �!R- ?2A---
%Barbara Kirkmeyer, hair /
Weld County Clerk to the Bo Ek,sa
can . C nway, Pro-Tem
BY:Jt9 Yw ,-
Deputy rk to the Bo
,1 ?,..,51L Wi F. rcia
APPROVED AS TO FO,A: z�-
David E. Long
GOtinty A4torney ow ti s . �,�✓
Douglas ademach r
Date of signature: l 1- I l
2011-3003
CAA 2W, C bh4i ; }ot EG0064
4--1 - 11
MEMORANDUM
TO: Clerk to the Board DATE: 11- l 1, 2O t I
FROM: t or a la Public Works
COLORADO
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 CONTINENTAL RESowgces twc,
To u7/LiZE CR/v& Secr/D1vkmn/64CcESS To mete. DRILL PAD S ' TE
The appropriate dociunentation is attached.
Enclosures
pc: Planning staff
2011-3003
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this)l day of
NOV e.ton hu ,2014, by and between WELD COUNTY,COLORADO,by and through the Board
of County Commissioners of Weld County,Colorado, whose add"; is 11FA lie"Sind, Gamy
Colorado 80632,as First Party, and Contfntnt4( IGIL>afct r int•
,as Second Party whose
address is PO abX 1031 FAIrt._rOlc 737OL
WIINESSEli-I:
WHEREAS, Second Party desires to more effectively access property located at the
Artksasf' (fMA/te( of Section 1(0 ,Township 9 North,Range Col West of the
P.M. in Weld County. Colorado, and
WHEREAS,First Party is the owner of the right-of-way known asWCR 106 for a distance of
WCR and located as follows:—413A9 SfcI,od It 1-
applox• 4b79 Past of CR 89 between Sections 9
and It,g Township 9_North,Range G► West,in Weld Lounty,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 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:
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
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 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:
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a. ROW shall be constructed and maintained as a graded and drained all-weather road.
b. lithe 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 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 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 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 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.
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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 be 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 patties 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 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 be binding upon the parties hereto, their successors,and assigns.
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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
All EST:
/ lo ,As� l
Clerk to the Board 't^/F' r '7> -
Deputy erk eft' Balt ra Kirkmeyer /Chair
2 12011
SECOND PARTY:
NAME Mark ZLirtsta Aa /Sur NAME
By`i /F '� By:
SUBS 'RI .D ANDS ORN to before me this 9 day of Vembef , 2010,
By _
WITNESS my hand and official seal
Notary Public NOTAR;
My commission expires: ---S
B. I1�j %di\P BLIG .'
MACIt I'.IMI N'rS\Non-cxclusivc\AGRP:NMINT FORM.doc
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Basekte Engineering Corp. 710 11th Avenue Suite 105 Greeley,Colorado 80631 SECTION 16
PROPOSED ROAD PLAN TOWNSHP 9 NORTH
SMOOT 1-16H RANGE 61 WEST
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IN BETWEEN APPARENT ROW FENCES I,' "�
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ILIdiucxCLA51ve LICElJ5t CR(OL 5.r ,
��0 C®0(7,� Weld County Public Works Dept.
. 1111 H Street ACCESS PERMIT
mot„ ;`rte P.O.Box 758
Cow iltery, Greeley,CO 80632 APPLICATION FORM
"r/id NO' Phone: (970)304-6496
Fax:(970)304-6497
Applicant
� LL-- Property Owner(If different 1 than Applicant)
Name /rrOrCk '1.06* !\ ROt.% f 1- Name Lydl0. �Utnka �fT/N.1t
Company ContlAt„rcl i1SOuallS, Lte . Address .ZS73 still ,4o,e.
Address PO 430%, 103 L City 6/41ley State CO Zip SO63/
City Ena State OK Zip 73702_ Phone q7O — .33o —,cr4?
Business Phone 12O - 137- S-64O Fax
Fax 720 .287- $66 Co E-mail
E-mail rnacktobertstA@ ci IAVCNOtACl•Cb M A Existing Access a=Proposed Access
Parcel Location&Sketch 9
The access is on WCR 106 ?ds h O Q`IOW gaitNearest Intersection:WCR I()(p A&WCR 89 lac ` �'� WCR
�74 --4
Distance from Intersection e y / -�JI
Parcel Number
Section/Township/Range I(o/q&/Lo i(t) T I(o
N 3
Is there an existing access to the property? &JO
Number of Existing Accesses (pant-.' /2OA)C)
Road Surface Type&Construction Information
Asphalt Gravel t/freated yyy Other , WCR
Culvert Size&Type pt( Court**.' I-EC('utru#tJA y.\
Materials used to construct Accessft.b((Ou^f7 (1Vut(./wllllts
Construction Start Date U./I/It Finish Date
Proposed Use
D Temporary(Tracking Pad Required)/$75 o Single Residential/$75 ❑ Industrial/$150
X.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? o No o USR ❑RE ❑ PUD /Other I.JcyJ E.`,( Lc.
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 hound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws
re g Signature/ constr ctio� ,r�] L
Signature Printed Name/'�TCF laiwik)/1 Date /8//i
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10 ��
700/e/7 (C- 7 'Corr tt
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I I 1 1 Diamond Resources Donn Skadeland,CPL
President
dskad@diamondnd.com
Complete Energy Land Services
Tod G.Maleckar,CPL
P.O. Box 1938 •602— 11`s Street West• Williston,ND 58802 Vice President
701-572-4523 • Fax: 701-572-1490 maleckar@diamondnd.com
October 6, 2011
Linda Manichanh & Robert Schmidt
Co-Trustees of the Lydia Dunbar Trust
2573 54th Ave
Greeley,CO 80634
Dear Linda Manichanh & Robert Schmidt:
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 106, beginning at the intersection of WCR 106 & WCR
89, for 0.9 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 Print name
X: X:
Signature Date Signature Date
Accela Automation: ShowPayDetail40 - T8108-D Page 1 o
t {!t Weld County Public Works Department
( witStreet Mailing Address:
Greeley,CO 80632 P.O.Box 758
Phone: (970)356-4000 x3750 Greeley,Colorado 80632
d or(970)304-6496
COLORADO FAX: (970)304-6497
RECEIPT
Application/Permit Number: NP11-00111
Application/Permit Type: Miscellaneous/NA
Applicant Name: Diamond Resources Co
Applicant Address: PO Box 1938
Williston, ND 58802-1938
Receipt Number: 64168
Payment Method: Check
Reference Number: 035667
Amount Paid: $250.00
Payment Date/Time: 11/15/11 10:11 :36
Cashier: Marj Caudill
Comments: Continental Resources SMOOT-1-16H (16-9-61 )
T81(
Versior
o ••CUMENT IS INTE• •N CHEMICALLY EACTIVE AER THE=ACK•FTHIS ••CUMENT INCLU•ESATAME EVPENT CHEMICAL WASH WA NING =•X
AMERICAN STATE BANK AND TRUST COMPANY
WILLISTON,5/9 58802-1446 3 03566'
DIAMOND RESOURCES CO.
P.O.BOX 1938 PH.701-572-4523
WILLISTON,ND 58802-1938
11/8/2011
PAY TO THE $«250.00
ORDER OF Weld County Public Works Dept.
DOLLAF
Two Hundred Fifty and 00/100""*"*"*""""«"««+«"++««
MEMO D after 9Qtlays from theiss e
Agreement for ROW - Smoot#1-16H
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