HomeMy WebLinkAbout20102984.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROADS 59 AND 124 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 59 and 124 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 59 and 124 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of December, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
was WELD COUNT COLORADO
ATTEST: ` �Jc lez* ck_
m �.ra►.la Radema her, Chair
Weld County Clerk to the Boat isbt ` ��� ee
,? ' A /Alc Clt' . ir ara KirkmeyerriAb4_72..c.
-Tem
BYE ., `Ut kti1 _• t + ‘-Y?:',/
?:',
------
Der Clerk to the oar ✓_
Sean P. Conway
APPRO /0 0 M: EXCUSED
liam F. Garcia
ounty Attorney OA U
David E. Long
Date of signature: I \3)1 I
2010-2984
CC Pu° EG0062
I - Iy - II
MEMORANDUM
"lige TO: Clerk to the Board DATE: December 15, 2010
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. (Lion Creek 09-35H well site)on WCR 59 and
WCR 124.
Enclosed is one original signed signature sheet for the agreement.
Enclosures
pc:
M:\Franc ie\AgendaDonCarrol 1.doc
2010-2984
J
NON E X( dISTVE LICENSE AGREEMENT FOR '1}[E UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
4
THIS NONEXCl.UISTVF LICENSE AGREEMENT,made and entered into this_L4day of
Decemhpr , 2010, by and between WELD COUNTY, COLORADO,by and through the Board
of County C ommicsinners of Weld Counts,Colorado,whose address is 915 Tenth Street,Greeley,
Colorado 50631,as First Pasty, and EQG Resonrrpv,
as Second Party whose
address ;s 600 17th Street, Suite 1000W, Denver, CO 8020_
WITNESSET I I:
WHEREAS, Second Party desires to more effectively access property located at the
4F.1/45FJ,A __ of Section 35 _,Township 11 North,Range y4West of the 6e1
P.M. In Weld County,Colorado, and
WHEREAS, First Party is the ownerof the right-of-way known as WCR 1'24 for a distance of
4,,,,0, fpco- 5ou-r r+ o,,, _WCR 59 and located as follows:
between Sections 35
and 36,Township .t 7 North,Range..64.West,in Weld County,Colorado.which is hereinafter referred teas
"ROW," and
WHEREAS, ROW is currently not beingmaintained by First Party,and
WHEREAS,Second Party wishes to upgrade and thereafter maintain ROW athis/her/its sole expense
in order to provide said more effective access.
NOW.THEREFORE,in considerationofthe covcnantscontained herein and the agreements of said
Second party to he performed hereunder, and upon the conditions herein stated.First Party does grant to
Second Party,its successors and assigns,a nonexclusive licenseto upgrade and maintain ROW without eating
or fencing across the same.
The conditions by which Second Party may upgrade and maintain ROW are as fel lows:
1. First Party retains the right to revoke this Nonexclusive License.A'iceinent 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 Pam'in
accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of
informing First Party of Second P.srts's change in address from his address written above.
The upeade and maintenance of ROW by Second Party shall be done in such manner as reasonably
prescribed by First Part},whit:_h manter shall include,but not he limited IC,the ft>liowing.
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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 responsible to supply and install such culvert, which shall be inspected
by First Party to ensure adequacy of capacity,strength,and length. Second Parry sha:1 he
responsible to maintain the culvert after its ir.stallaticn,inclading 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 euard after its installation,including periodical iycleaning
the same.
d. This Nonexclusive License Agreement does not grant the riLie 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 Parry 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 Parry, including those items set forth in
Paragraph]., above,or any other requirements stated by FirstPany.shall be at its own expense and
without the aid or use of Weld County funds. Second Party shall he responsible for snov removal
from ROW,if requiredto gain access,as partof the maintenance responsibilities referred to herein..
4. Except for the negligence ofFirstParty,Second Party shall indemnify and save harmlcssFirstParty,
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.
3. Except for the negligence of First Party,Second Party agrees to protect First Party and save and hold it
harm less 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 Tarn'
hereby releasesFirst 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 en
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 Secrn:d
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.
, 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 hereir.,and n:u oral representatior.,prom isc.nr
consideration different from the terms herein contained shall he binding on either part)'hereto,or:ts
agents or employees. This:'nonexclusive License Agreement embodies all agrecncrts between the
parties hereto and there are no promises,terms,conditions,nr ohligatians re:c-ring 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
this
or circumstances shall. to any extent, be held invalid or unenforceable,ths�emainder cf
Nonexclusive License Agreement,or the application of such terms or provisions,to a acrsor= or
circumstances ether than those to which itis held invalid or unenforceable, shat` not be affected,
and every other term and provision of this Nonexclusive License Aereement shall he deemed valid and
cnforacable to the extent permitted by law.
9. No portion of this Nonexclusive License Agreement shall be deemed to constitute a waiver of ar.y
immunities the parties or their officers or employees may possess; nor shall any portion et this
Nonexclusive License Agreement be deemed to have created a duty of care which did net 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 he an incidental beneficiary only.
1 J. 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.
1?. "there shall be a$100.00 fee for the Nonexclusive License Agreement.
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EXEC:I:TED IN DUPLICATE tit day and year first above written.
FIRST I'ARI'Y:
WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY COLORADO
AYI ES'1:
Clerk to the Board
�•I• s LBy 's
I
3• 6na afar
Demt CClerk -% � Douglas Radenacher
halt
11•61 �` ,O B
DEC 202010
SECOND PARTY:
N A.NIE/ NAME
Je er Yt
SUBSCRIBED AND SWORN to before me this 14thday of December ,2010
By Jennifer Yu
WITNESS my hand and official 6
Netary #utr
My commission expires: January 22, ^_0111
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g7D0 ? .57
4e0g resources EOO Resources,Inc.
600 Seventeenth Street
Suite 1000N
December 14, 2010 Denver,CO 80202
Main:303-572-9000
Fax:303-824-5400
FedEx: 7965 5467 0366
Mr. Leon Sievers, PLS I ,I\ L , H s P
Weld County Public Works Department •
1111 H. Street
Greeley, CO 80632 U iL �' DEC y -j
Re: Non Exclusive License Agreement �„ ml_ �� n c�
Lion Creek 9-35H :VELD COMFY fY Pl IC,1 fl t , n[PT
SESE, Section 35, T11N, R64W
Weld County, Colorado
Dear Mr. Sievers:
EOG Resources, Inc. is applying for a Non Exclusive License Agreement (NLA) in order to build an
access road to the referenced well located within the SESE of Section 35, T11 N, R64W. A NLA is
necessary as currently there is not an existing road on Section 35. Said section is not a railroad section
and it was patented on September 15, 1933.
If you have any questions or need additional information, please do not hesitate to contact me at 303-
824-5576.
Sincerely,
C?tff..cjg_v
Jennifer Yu
Regulatory Administrator
Attachments:
Application Fees
Non Exclusive License Agreement
Access Road Map
Landowner Notification
Weld County Permit Application
-1 , c.- 1918
Itc7
energy opportunity growth
4 eog resources
EOG Resources,Inc.
600 Seventeenth Street
Suite 1000N
Denver,CO80202
FedEx: 7964 8418 9603 Main:303-572-9000
Fax:303-824-5400
November 23, 2010 RECEIVED
Mr. Charles Meader ..c 0 F 20WW
65009 CR 67
Grover, CO 80729 ECG Resources, Inc.
Denver
Dear Mr. Meader:
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 on WCR 124 between
Sections 35 and 36, T11 N, R64W, 6T" P.M. for approximately 0.8 miles of section line access.
The road right-of-way will be confined within your property in the east side of Section 35,
T36N, R64W (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,
pity/7,
Jennifer Yu
Regulatory Administrator
ACKNOWLEDGEMENT:
MechAPr II/59A-.0/0
Print Name Datd Print Name Date
ignature Signature
energy opportunity growth
. 11:0Or Weld County Public Works Dept.
1111 H Street ACCESS PERMIT
P.O.Box 758
i p Greeley,CO 80632 APPLICATION FORM
• Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name Nanette Lupcho Name Meader Ranch Inc
Company EOG Resources, Inc. Address 65009 CR 67
Address 1060 East Hwy 40 Cih, Grover State CO Zip 80729
City Vernal State UT Zip 84078 Phone
Business Phone 435-781-9157 Fax
Fax 435-789-7633 E-mail
E-mail nanette_lupcho@eogresources.com
♦=Existing Access A=Proposed Access
Parcel Location&Sketch WCR
57
The access is on WCR 124
Nearest Intersection:WCR 57 &WCR 124 wcR 124
Distance from Intersection 5329 FT Z.
Parcel Number 0207350000002
Section/Township/Range 35/11N/64W T 5 I
SEC 35 I 3 SEC 3 6
Is there an existing access to the property? YES® N
Number of Existing Accesses None
Road Surface Tvoe&Construction Information
Asphalt_ Gravel X Treated Other %CR
CulvertSize&Type 18 IN. x 94 FT CMP
Materials used to construct Access Native Soil & Gravel
Construction Start Date 10/10/1lOnish Date 10/20/10 Note: See Attached Plan, Detail, & Photo Sheets
Proposed Use
o Temporary(Tracking Pad Required)/$75 o Single Residential/$75 o Industrial/$150
II Small Commercial or Oil&Gas/$75 o Large Commercial/$150 o 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 co struction.
Signature Printed Name Nanette Lupcho Date 9/20/2010
Approval or Denial will be Issued In minimum of 5 days. Approved by
Revised Date 6/29/10
EOG RESOURCES, INC.
LION CREEK #09-35H
PROPOSED COUNTY ROAD ACCESS
LOCATED IN WELD COUNTY,COLORADO
SECTION 35,T11N,R64W,6th P.M.
�-,„, y / / -----V .T
64 H
iW �' -_ \
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(,I :` • •SE. C•LINTY • • I •
��\�• \ \ L•TITU•E 4153 .2.51" N I
\ \ \ •
L•NGITU.E 114 3'' 12.75 W I \\. i i . \ NA. 3
'- .V 1 A 1 /// I .
)/
\ "4',
i \
\ `I ,/ / I Examplef 1 FENCE
/5362 _\ 36
I
• OSE• •CCESS D.8 ML - �^
35 I —=
,�•, I 36
_ ` `'\` — PROPOSED LOCATION: .` / -
--,..- `-.. LION CREEK#09-35H
"•,...:--\ `,\. .... ,
T11N � SO
,
Theo plena may not identify all utility lineal L
�7 � ,. ,‘._ Utility lines within the vicinity of this Proposal�I
must be identified prior to construction.
LEGEND:
MI INSTALL 18"s 94'CMP CONTENTS
O INSTALL CATTLE GUARD GENERAL NOTES SHEET 1
GEOMETRIC STANDARDS SHEET 2
N ACCESS PHOTOS SHEETS 3-4
CULVERT DETAIL SHEET 5
FENCE DETAILS SHEETS 6-7
`,f Uintah Engineering& Land Surveying TOPOGRAPHIC 09 13 10 '1 t t -
I 1 85 South 200 East Vernal,Utah 84078 M A P Mann, DAY YEAR I<I I X I1
S (435)789-1017 * FAX(435)789-1813 SCALE: I"=2000'l DRAWN BY:Ka. IREVISED:00-00-00 . .I }vi 1<
WELD COUNTY PUBLIC WORKS
Weld County Public Works Dept. 4 i Phone: (970) 304-6496
1111 H Street 3 Fax: (970) 304-6497
P.O. Box 758 ,Ty .tr e Co
Greeley, CO 80632 4.*' .r
QC MY
PAYMENT RECEIPT
•
Permit#: NP10-00139
Permit Type: Miscellaneous
Applicant:
EOG Resources, Inc.
PO Box 4362
Hereford, TX 77210-4362
Amount Paid Date Payment Method Reference Number Cashier
$250.00 12/15/2010 Check 1191690367 MCAUDILL
Comments:
Non-Exclusive Lic Agr$100.00, Blue &White Subdiv Signs $150.00
Total Payments: $250.00
EOG RESOURCES, INC. VENDOR No. 270164 62-20 No. 1191690367
P.O. BOX 4362 211
III HOUSTON, TEXAS 77210-4362
11/23/10
$$$$$$$$$$$$$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
-7/1d •
Two Hundred Fifty and 00/100 Dollars AUTHORIZED SIGNATURE
OPERATIONS ACCOUNT
CITIBANK, N.A.
ONE PENN'S WAY, NEW CASTLE, DE 19720
u' LL9L6903670 1I:03L LOO 209i: 39LL0282ii'
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