HomeMy WebLinkAbout20102221.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 100 AND AUTHORIZE CHAIR TO SIGN -
SLAWSON EXPLORATION (WESTERN DIVISION)
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 100 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 Slawson Exploration (Western Division), 1675 Broadway,
Suite 1600, 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 100 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
Slawson Exploration (Western Division) 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 22nd day of September, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
1. LD COUNT RADO
ATTEST: ft '► L ��.r�_✓Li�n-
-'�``) %Io glas,Mademach , C -ir
Weld County Clerk to the B f d
sal rbara Kirkmeyer, ro-Tem
BY: ?..a/�.:
Deputy Clerk to the Boar: +.s -. ; , ,
v./kJ ;: ` Sean
••. . ay
VED FORM:
Will F. Garcia
County Attorney c„i
David E. Long
Date of signature: 977c
2010-2221
l priq ko (..\ -u.ry c'") �, �UJ EG0062
o13 ID acl - ID
it; MEMORANDUM
TO: Clerk to the Board DATE: 9. 2 0. 10
C.
FROM: Donald Carroll, 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 SL ov.150.4 E'xp\o R.AT'o N ( Teti too b..A4tr. 13 A"raS
The appropriate documentation is attached.
Enclosures
pc: Planning staff
M:\Francie\AgendaDonald nonex.doc
M: \Francie\AgendaDonald nonex.doc
2010-2221
720
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
12/
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this_4day of SEpe.Vnter 2010, by
and between WELD COUNTY,COLORADO,by and through the Board of County
Commisioners of Weld County,Colorado,whose address is 915 Tenth Street,Greeley,Colorado 80632,
as First Party, and Slawson Exploration(Western Division),as Second Party whose address is 1675
Broadway, Suite 1600, Denver,Colorado 80202.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at NW NW Section 36,T9N
—R63W(Boomerang#36-9-63)of the 61°P.M. in Weld County,
Colorado,and
WHEREAS, First Party is the owner of the right-of-way known as WCR 75 and 100 for distance of
Approximately one(I)mile(from the intersection of WCR 75 and WCR 100 to WCR 73 and WCR 100).
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:
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 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 limited to,the
following:
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.
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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 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 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.
8. If any term of 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
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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 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 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 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.
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
ATTEST:
1, . a
Clerk to th Board
_ ��
By: I��///fl , ��_ .�_Y3.J�:+rss �� B
Deputy Cle S '�:i��` �, as R emac er, Ch it
°U0 SEP 2 2 2010
SECOND PARTY:
NAME Lisa S ith(Agent for Slawson) NAME Sarah Miller(Agent for Slawson)
El;: _ By:
J
SUBSCRIBED AND SWORN to before me this 15th_ day of September ,2010,
By_Venessa Langmacher
WITNESS my hand and official seal li Q SLAWU
Notary Public
My commission expires: 01/24/2013
i NotARc3
of CO\o c)
N
M:\AGREEMENTS\Non-exclusive\2010\SlawsonExploration(W esternDivision).docx
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N' 17Stt,
1'ElDIITCO
PO Box 99 • Eastlake, CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • E-MAIL Perrnilcol@aolcorn
September 15,2010
Dwight A. Baker
37483 CR 100
Briggsdale,CO 80611
Dear Mr. Baker,
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 at the intersection of WCR 100 and WCR 75,traveling
west between section 30(T9N-R62W),and section 31 (T9N-R62W),for approximately 1 mile 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 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, Q
sx
Slawson Exploration
do Permitco Inc.303.857.9999
1675 Broadway,Suite 1600
Denver Colorado 80202
ACKOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
cc: Donald Carroll,Weld County Public Works
(Boomerang 36-9-63#2)Non-exclusive License Agreement
•
•
PEIIMPPCO
erns PliSi
PO Box 99 • Eastlake, CO 80614 • (303) 8579999 • FAX (303) 45O9200 • E-MAIL Permitcol @oolcorn
September 15,2010
Karl A.Magnuson
924 Bob Blvd.
Brush,CO 80723
Dear Mr. Magnuson,
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 at the intersection of WCR 100 and WCR 75,traveling
west between section 30(T9N-R62W),and section 31 (T9N-R62W),for approximately 1 mile 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 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, nn-`
seOI .N�XXll.71
Slawson Exploration
c/o Permitco Inc.303-857-9999
1675 Broadway,Suite 1600
Denver Colorado 80202
ACKOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
cc:Donald Carroll,Weld County Public Works
(Boomerang 36-9-63#2)Non-exclusive License Agreement
Ns
��tM
PERMIT(10
ir9jjrt%$4
PO Box 99 • Eastlake, CO 80614 • (303) 8579999 • FAX (303) 45O9200 • E-MAIL Perrnitcol@oolcorn
September 15,2010
Timothy W. Pickering
36691 CR 102
Briggsdale,CO 80611
Dear Mr. Pickering,
This letter is to notify all property owners using the County section line access that we are requesting an
access for proposed oiUgas drilling operations located at the intersection of WCR 100 and WCR 75,traveling
west between section 30(T9N-R62W),and section 31 (T9N-R62W),for approximately 1 mile of section line
access.
The reason for this notification is that it will add oiUgas 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 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,
Slawson Exploration
c%Permitco Inc.303-857-9999
1675 Broadway,Suite 1600
Denver Colorado 80202
ACKOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
cc: Donald Carroll,Weld County Public Works
(Boomerang 36.9-63#2)Non-exclusive License Agreement
till*
i.
PERMITCO
rPA31PAS.*
PO Sox 99 • Eastlake, CO 80614 • (303) 857-9999 • FAX (303) 450-9200 • E-MAIL Permitcol@aoLcom
September 15,2010
William E.Yates
49015 CR 75
Briggsdale,CO 80611
Dear Mr.Yates,
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 at the intersection of WCR 100 and WCR 75,traveling
west between section 30(T9N-R62W),and section 31 (T9N-R62W),for approximately 1 mile 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 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,
C"-y.)41,--)AINCSA/1/4-1
Slawson Exploration
c/o Permitco Inc.303-857-9999
1675 Broadway,Suite 1600
Denver Colorado 80202
ACKOWLEDGEMENT:
Print Name Date Print Name Date
Signature Signature
cc:Donald Carroll,Weld County Public Works
(Boomerang 36-9-63#2)Non-exclusive License Agreement
NAME Slawson Exploration
CASE #
WCR Location Intersection of 100 and 75
Non-exclusive License Agreement $100.00
Fabrication and Installation of Cross Road Sign (blue &white) $150.00
TOTAL DUE $250.00
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
X Documentation of Proof of Right-of-Way (Title Co./ GIS Dept.) or document of
an easement shall be provided to the Department of Public Works.
X One (1) copy of Non-exclusive License Agreement for the Upgrade and
Maintenance of Weld County Right-of-way. This document shall be signed
and sealed by a Colorado Notary Public.
X An 81/2" x 11" inch map, drawn, indicating type of right-of-way/easement;
whether it is dedicated, private, or deeded to provide adequate access to
the parcel.
X The applicant shall supply written documentation indicating the adjacent
landowners are aware that the section line will be used to access to your
property.
X The applicant shall complete a Weld County Road Access Permit
Application Form.
The above information shall be submitted to Weld County Department of
Public Works.
_ Send to Clerk to the Board of hearing date: , Wednesday,
9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the
Court House.
WELD COUNTY PUBLIC WORKS DEPARTMENT
1111 H STREET PO BOX 758
GREELEY CO 80632
M:\PLANNING—DEVELOPMENT REVIEW\NonExclusiveLicenseAgree-Form.doc
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ACCESS ROAD MAP
BOOMERANG 36 - 9 - 63
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' DRIVING DIRECTIONS:
�I `.` ' • v ?;, 1.. �. • `n From the intersection of WCR 77 (paved surface) and WCR 106,
t:c i 1 J1\ 1 ..1 A ,. 13 •W * 1 18
,I - - t c..! X _ � : , turn west on WCR 106. Travel West ±2 miles to intersection with
�+ �a - i • • . r�;_ - --" - WCR 73.
-,\..• I . ; � ' Travel South on WCR 73 ±2. 1 miles to intersection with WCR 102
• , t_^ 1 t y (proposed driveway location).
_ Continue South from intersection along 2 —track for ± 1 mile to
' ! �. intersection with 2—track running East/West.
�. ' •�' Turn West on 2 —track, travel ±0.9 miles to pad access.
i. - . 1
Tee— _ Turn South on proposed access, travel ±560' onto Boomerang
' � `� '`�-� , /� \ _;I 36-9 - 63 pad.
,____, . /
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I1 LOCATION r `;WCR } 102 - i .,;, r• .. , •
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'i . , If_ • fit t ., '-^� IMPROVED GRAVEL ROAD
4000' 8000' I \ 1 �� : a ;% -- _. _ 2-TRACK (NEEDS
. i l 1 L. � _ j i ,. ."/
IMPROVEMENT)
Graphic Scale in Feet s----- PROPOSED ACCESS ROAD
1 Inch = 4000 Feet Revised: 6/18/2010
SLAWSON EXPLORATION COMPANY, INC
BOOMERANG 36-9- 63
WESTERN LAND SERVICES SL: NW1 /4 NW1 /4, SECTION 36, T9N R63W
Sheridan, WY 82801 (307)673-1817 BL: SE 1 /4/4 SW1 /4, SECTION 36, T9N R63W
DP: ;L:_ s Pate: 6/18/2010 6TH PM, WELD COUNTY, COLORADO
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