HomeMy WebLinkAbout20100386.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN - DCP
MIDSTREAM
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 38 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 DCP Midstream, 1324 North 7th Avenue, Greeley, Colorado
80631, 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 38 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
DCP Midstream, 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 February, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: -� cx��� - c .evInce
6ouglas'Rademac er hair
Weld County Clerk to the Qpatdy' 11 ��
arbara Kirkmeye , Pro-Tem
BY: !_i i• V "i
Deputy Clerk to the Bo
Sean P. Conw \ J
APP: . '' AS • , .M.
i�Garcia
o my A orney / st'u
David E. Long
Date of signature: 3/I/a
2010-0386
EG0062
� e �'��, �'t fib/lee/(
MEMORANDUM
"gig C TO: Clerk to the Board DATE: February 16, 2010
COLORADO FROM: Donald Carroll, Engineering Administrator,
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 DCP Midstream
pc: Planning staff
r
C c
M:\Francie\AgendaDonCarroll.doc
a
2010-0386
Name tcp 1-Ams-nReAm
Case #
WCR Location 38 - EAsr
or vWcQ. 33
Non-exclusive License Agreement $ 100.00
Fabrication and Installation of Cross Road Sign (blue & white) $ 150.00
TOTAL DUE $ ?5poo
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
•io• to Documentation of Proof of Right-of-Way (Tij Co./GIS Dept.) or document of
an easement shall be provided to the Department of Public Works.
V 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.
0.. t I• ID An 81/2" x 1 1 " inch map, drawn, indicating type of right-of-way/easement;
whether it is dedicated, private, or deeded to provide adequate access to
the parcel.
DC `' The applicant shall supply written documentation indicating the adjacent
landowners are aware that the section line will be used to access to your
property.
a• 11 .10 The applicant shall complete a Weld County Road Access Information sheet.
c " 2-t(r'° The above information shall be submitted to Weld County Department of
Public Works.
?.W • Send to Clerk to the Board for hearing date: , Wednesday,
9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the
Court House.
WELD COUNTY PUBLIC WORKS DEPARTMENT
1 1 1 1 H STREET PO BOX 758
GREELEY CO 80632
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93A
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thisn2,Z ay of eh„„ti ,
2010,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
DCP Midstream, as Second Party whose address is 1324 N. 7th Avenue, Greeley,Colorado, 80631.
WITNESSETH:
WHEREAS,Second Party desires to more effectively access property located in Section 2,Township
3 North,Range 66 West and Section 35,Township 4 North,Range 66 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 38, section line road, for a
distance of%of a mile east of WCR 33 section line and located as follows: 60 feet of right-of-way between
Section 2, Township 3 North,Range 66 West and Section 35, Township 4 North,Range 66 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 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 be limited to,the following:
111111111111111111 IIIII 111111 III 1111111 III 11111 IIII IIII
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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 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.
2
1 11111111111 111111 11111111111 111 1111111 III 11111 II11 I11I
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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 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 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.
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.
MID 11111 111111 11111 111111 III DUE III 11111 IIII IIII
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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 � 471,-\--;\\
i 1 1861
By: � i✓i/r Y' ! °����'�" pry:
Deputy C•'k r`® " y Doug s Rademac er,Chair
r N9'e FEB 2 2 2010
SECOND PARTY:
DCP MIDSTREAM
By:1 lei t aign:s-/u'
hinski
SUBSCRIBED AND SWORN to before me this \5 day of ce to ,2010,
BY .- tt,,kr\;,:\Sk-a
WITNESS my hand and official seat< l
•(IF Fq�y/,
Notary Public
i
9
t NO .
My commission expires: s t v 1Z
0 .6 O
o <IC
DORADO
M:\AGREEMENTS\Non-exclusive\DCP Midstream doc
• 4
111111111111 III111111111111111II 11III11 III 11111 Ell IIII
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v?O/O
February 11, 2010
Oliver Lorenz
15614 WCR 42
LaSalle CO 80645
Dear Mr. Lorenz:
This letter is to notify all property owners using the County section line access that we are
requesting an access for oil/gas operations located in Section 2, T3N, R66W, and Section
35, T4N, R66W of the 6th P.M. Weld County. When that is granted, additional traffic will be
utilizing the road.
The reason for this notification is that it will create additional traffic to 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,
JJo /
zej
e Kuchinski
VP of Area Operation
DCP Midstream
970-356-9700 X 6345
ACKNOWLEDGEMENT:
•
Print name Date' ,, /
� Print name Date
/ � .:
Signature Signature
M:\PLANNING—DEVELOPMENT REVIEIMCorrespondence\DCP Midstream-3.doc
M:APLANNING—DEVELOPMENT RE VIE WCorrespondenee\DCP Midstreamd.doe
February 11, 2010
Dennis Nagel
16311 WCR 38
Platteville CO 80651
Dear Mr. Nagel:
This letter is to notify all property owners using the County section line access that we are
requesting an access for oil/gas operations located in Section 2, T3N, R66W, and Section
35, T4N, R66W of the 6th P.M. Weld County. When that is granted, additional traffic will be
utilizing the road.
The reason for this notification is that it will create additional traffic to 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,
Joe Kuchinski
VP of Area Operation
DCP Midstream
970-356-9700 X 6345
ACKNOWLEDGEMENT:
0 IF ft r� POLL -�a
Print name Date Print name Date
rye _ �J//2
Signature Signature
M:\PLANNING-DEVELOPMENT REVIEW\Correspondence\DCP Midstream-1.doc
M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\DCP Midstream-I.doc
February 11, 2010
Butterball LLC
450 N. Front Street
Platteville CO 80651
To Whom It May Concern:
This letter is to notify all property owners using the County section line access that we are
requesting an access for oil/gas operations located in Section 2, T3N, R66W, and Section
35, T4N, R66W of the 6th P.M. Weld County. When that is granted, additional traffic will be
utilizing the road.
The reason for this notification is that it will create additional traffic to 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,
Joe Kuchinski
VP of Area Operation
DCP Midstream
970-356-9700 X 6345
ACKNOWLEDGEMENT:
Print name' Date Print name Date
l
r
Signs re Signature
M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\DCP Midstream-2.doc
M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\DCP Midstream-2.doc
WELD COUNTY ROAD ACCESS I1NFQRMATION SHEET
Weld County Public Woks Department Drate Cal///AO/Gs
1111 H Street,P.O.Box 758, Greeley,Colorado 6p632
Phone: (970)356-4000.Ext. 3750 Fax: (97O)304-6497
I Applicant Name DCP MID STREAM Phone oil o 3S(e crloa
Address t37.it N. 1 44 AVE City t.Et� State , '3
t _Zip_Q
2 Address cr tocaton of access 1(
Section $5 Township 4 Rance Goo
Suodivisiort Block Lot
Weld County Road # 3$ Skie of Road 1,1 Distance from nearest intersec ion
%AAAAi 4'
3 Is there an existing access to the property? Yee No #of accesses
4, Proposed Use:
O Permanent O ResiidentiaUAgricutttual O Indust ial
0 Temporary O Subdivision O Commercial A. Other lievE - L«.
5. Site Skew
Legend for Access Description:
1%, a AgrAliturei _____J L___ ..___J L_
RES r- ResidentialWCR
O&G = Dil A Gas
D.R. = Ditch Road
a = House W W
C C
O n Shed
R R
d a.Proposed Access I"r
A 2 Existng Access
34 1 35 ., / v 3
I •
L •
q
f..•
. . . C • / 101/1/1. • • • • •DeAD :•
2. t" :17
OFFICE USE ONLY.
Road AVE Date Accidents Date
Road, ADT • Date Accidents , Date
Drainage Requiremeill Culvert _. Site Length
Special Conditions
G Installabon authorized O Information insufficient
Ravlowcd By - Tolle
. O• a Couh41 14Af kn.
,
/! i I 5ECTia l A C��5 C N o-r M r i�r r
M:\PLANNING DEVELOPMENT REVIEW\FORMS\ACCESS INFO SHEET.doc
INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES
WELD COUNTY PUBLIC WORKS DEPARTMENT
P.O. BOX 758
GREELEY,CO 80632
Date 01 ( I i 1,.°IO 970-356-4000,EXT.3750
Applicant/Owner Email Address
t CP MtDsrRELi -1 ,kucIllwSici
Street Address
1324 N • '-l'{'{" bQ E
City State Zip Phone Number Fax Number
GQEa '? Co 80103 1 470 356 9ioio 3O3 572 35110
Case# Subdivision/Case Name
Lot(s) Block(s) Section 35 Township 4 Range
Area In Acres Existing Zoning Existing Use of Property #of Proposed Lots
t F.. z:nskk r.
QTY DESCRIPTION UNIT PRICE TOTAL
Development Construction Permit(Subdivisions)
❑ Dwelling units $150/lot
❑ Non-Dwelling Units $750/lot
Offsite Road Agreement/Haul Route Agreement Review $500
Flood Hazard Development Permit $180
Storm Water Review $180
Geologic Hazard Permit $180
± Non-exclusive License Agreement $100 IOO ES
i Fabrication and Installation of Cross Road Signs(Blue&white) $150 ice?
TOTAL DUE 25O°'
Reviewed by: Title: Date:
o Cash o Check# o Money Order#
By Date
. i t4
Wert 38 (8.UE/WH 'Ts •n1.1
M\PLANNING-DEVELOPMENT REVIEWNBackup of INVOICE-PLANNING(3&lul-2006)wbk
�_. .. , Page 1 of
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� � Weld County Public Works Department
^ I 1111 H Street Mailing Address:
1 Greeley, CO 80632 P.O. Box 758
WI De Phone: (970) 356-4000 x3750 Greeley, Colorado 80632
COLORADO or (970) 304-6496
FAX: (970) 304-6497
RECEIPT
Application/Permit Number: NP10-00025
Application/Permit Type: Miscellaneous/NA
Applicant Name: Paul D. Park/DCP Midstream
Applicant Address:
CO
Receipt Number: 54960
Payment Method: Credit Card WELD CORN! PURL! "V' '1111 II St REET
Reference Number: 6REEtEY CO N6G>1
3i0 356-414(16
Amount Paid: $250.00
Form 16: 14623161 Rel is ppr
Payment Date/Time: 02/16/10 11 :02:12
Cashier: Marj Caudill 53;e
Comments: Non-ex Lic Agr. 100.00, Blue & White signs 150.00 r1rr[p11XZ libl321
M4SIERC RD Erltr' Method: Jvi C
Iota!: t ^<<, I
CJVJ
02/16/10 11:10:3'.
Inv 4: 000001 PPP!. Code: 01916'
Batch); 000144
Cust 4: 565
Zia Code:
I agree to nav 3Lua. tct�l
amount ac,ordure (, <m ;l i�,,,a
agreement IMer,hant avi .rm.nl it
credit voucher)
.
PARK'POUI 6
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