HomeMy WebLinkAbout940542.tiff RESOLUTION
RE: APPROVE SURFACE DAMAGE AGREEMENT WITH SNYDER OIL CORPORATION AND COLORADO
STATE HIGHWAY ACCESS PERMIT AND AUTHORIZE CHAIRMAN TO SIGN - NE,'-,SEA 51 ,
T5N, R65W
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, Weld County, Colorado, has received a Surface Damage Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Snyder Oil Corporation, with terms and
conditions being as stated in said agreement,
WHEREAS, said agreement covers land more particularly described as follows:
Township 5 North, Range 65 West, 6th P.M.
Section 1: A metes and bounds parcel located in the NE,'-,SE,'--,
Weld County, Colorado
WHEREAS, Weld County, Colorado, has received a Colorado Department of
Transportation State Highway Access Permit for access onto State Highway 263, a
distance of 3, 162 feet east from Mile Post 4 on the south/right side, and
WHEREAS, said documents have been reviewed by a member of the Weld County
Attorney's staff and found to be in order, and
WHEREAS, the Board deems it advisable to approve said documents on the
parcel of land described herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Surface Damage Agreement on the hereinabove described
parcel of land between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Snyder Oil Corporation be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Colorado Department. of
Transportation State Highway Access Permit for access onto State Highway 263 be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign any necessary documents.
940542
I
SURFACE DAMAGE AGREEMENT - NE,'-,SE,'--„ Si, T5N, R65W
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 8th day of June, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Le/gdaie4
WELD COUNTY, COLORADO /
Weld County Clerk to the Board ¢v'i`i (���,d /n
Site
y H. Webster, Chairman
BY: QQc /�- '11 DQ,1--,�
Deputy Cl to the Board Dal .. Hall, em
APPROVED AS TO FORM: L— / k-;
Georf. "
Baxter
County Attorney Constance L. Harbert
r/.G LGur t / / (ii:%,<.=� / ,...
Barbara J. Kirkmefrer ,y
940542
SURFACE DAMAGE AGREEMENT
THIS AGREEMENT is made by and between the undersigned, Weld
County, 915 Tenth Street , P .O . Box 1948 , Greeley, Colorado 80632 ,
herein called "Owner, " and Snyder Oil Corporation, herein called
"SOCO. "
WHEREAS, Owner represents that they are the surface owners and
in possession of an interest in part or all of the surface estate
for the following described lands in Weld County, Colorado, said
land herein called "Lands , " to wit :
Township 5 North, Range 65 West , 6th P.M.
Section 1 : A metes and bounds parcel located in the NE/4SE/4
WHEREAS, SOCO has or will acquire certain leasehold interests
in the oil and gas mineral estate in the Lands and proposes to
conduct drilling and subsequent production operations on the Lands ;
and
WHEREAS, Owner and SOCO desire to minimize any surface damage
to the Lands and to reach an agreement regarding such surface
damage .
NOW, THEREFORE, in consideration of TEN DOLLARS ($10 . 00) and
other valuable consideration, the sufficiency of which is hereby
acknowledged, the parties agree as follows :
1 . Prior to commencement of drilling operations , SOCO shall
pay Owner the following sum as full settlement and satisfaction of
all damages growing out of , incident to, or in connection with the
usual and customary exploration, drilling, completion, reworking,
equipping and production operations, unless specifically provided
herein:
a . A sum of money pursuant to that certain Letter Agreement
of even date for each drillsite located on the Lands in which Owner
owns the entire surface estate, together with any lands used for
road purposes, production facilities , pipeline , flowlines or other
necessary facilities in connection with the drillsite .
b . If, by reasons directly resulting from the operations of
SOCO, there is damage to real or personal property upon the Lands
which is not associated with usual and customary operations , such
as, but not limited to, environmental damage such as spills,
contamination or fires, damage to livestock, structures, buildings,
fences , culverts , cement ditches, irrigation systems , and natural
water ways , such damage will be repaired or replaced by SOCO, or
SOCO will pay reasonable compensation to Owners for such additional
damage .
2 . Prior to heavy equipment operations on each drillsite ,
SOCO' s representative wilt meet and consult with Owners (or Owners '
representative) as to the location of the drillsite, access roads ,
flowlines , pipelines, tank batteries and other associated
production facilities .
940542
3 . In conducting operations on the Lands, SOCO shall :
a . Limit the size of each drillsite to approximately 300
feet by 300 feet during any drilling, completion, recompletion or
workover operations and no more than 1/4 acres in size during other.
periods . The area required for any tank battery location
associated with each well shall be limited to approximately 1 /2
acre in size upon completion of construction. Access roads shall
be limited to approximately 30 feet in width during drilling,
completion, recompletion and workover operations . The permanent
access roads to the wellhead location shall be limited to 15 feet
in width.
b . Separate the top soil at the time of excavation of pits
and trenches so that the top soil and subsurface soil will be place
back in proper order as nearly as possible .
c . Reclaim the wellsite as nearly as practicable to its
original condition and if the location is pasture , reseed the
location with native grasses . Weather permitting , reclamation
operation shall be completed as soon as is practicable following
drilling and subsequent related operations, unless SOCO and Owner
mutually agree to postponement because of crop or other
considerations .
d. SOCO agrees to use its best efforts to keep the well and
battery sites free of weeds and debris , and to maintain in good
repair all roads upon Owner' s lands used by SOCO for access to its
facilities upon said lands .
4 . SOCO shall indemnify and hold harmless Owner from any
legal actions as a consequence of SOCO' s activities on the Lands .
5 . When the word "SOCO" is used herein, it shall also mean
the successors and assigns of Snyder Oil Corporation, including. but
not limited to its employees and officers, agents, affiliates ,
contractors , subcontractors and/or purchasers .
6 . This Agreement shall be binding upon and inure to the
benefit of the heirs, successors and assigns of the parties , and
may be executed in counterparts .
7 . This agreement shall include the terms and conditions of
that certain letter agreement from SOLO to Weld County dated May
24 , 1994 and shall be attached to this agreements as exhibit "A" .
DATED THIS 8th _ DAY OF JUNE, 199
Ce2ej
Weld County j ATTEST:BY :
W Web eSt r, Chairman 06/13/94 eputy Clerk to Board 1 --
Weld County Board of Commissioners
940542
:E 1-i ii vkAli
Si]Cs7
May 24 , 1994 __. _ Snyder Oil Corporation
3939 SOCO Parkway
Evans,Colorado 80620
Weld County (303)330-2200
Attn: Lee D. Morrison (303)442-6025
P. O. Box 1948
915 Tenth Street
Greeley, Colorado 80631
RE: Weld County 1-9H5
NE1/4SE1/4, Section 1, T5N-R65W
Weld County, Colorado
Dear : Sirs:
After receipt of the executed Surface Damage Agreement and
prior to the commencement of operations, Snyder Oil Corporation
will make the following payments by check:
Surface Damages: $2 ,500
Total : $2 ,500
1 . SOCO is aware to the condition of the Humane Society
building and will take all steps to ensure that their activity will
not further the deteriorating condition of the Humane Society
building. SOLO agrees to use ground monitors to evaluate the
ground disturbance caused by the drilling and completing of the
well . SOCO will also have the high spots leveled out so that the
property is more level and contoured.
Please indicate your receipt and acceptance of this letter by
signing and dating this letter in the space provided below,
returning the original to me and retaining the copy for your files.
Thank you for your cooperation.
Sincerely,
Michael D. Armstrong
Consulting Landman
ACCEPTED AND RECEIVED THIS DAY OF MAY, 1994.
Weld County
BY:
940542
HUMANE ►SOCIETY OF WELD COUNTY
P.O. Box 398 —Greeley, Colorado 80632
23700 Highway 263
(303) 356-3550
5TINFT:-r-ij5Nijc;-117--))
May 27 , 1994 JUN U 6 1994 •�
i . �_LD COUNTY
ATTORNEY'S OFFICE
Mr . Bruce T. Barker
County Attorney
Weld County Government
P.O. Box 758
Greeley, CO 80632
Dear Mr . Barker,
Per our meeting on May 24, 1994, 1 would like to reiterate that
the Humane Society of Weld County does not foresee any problem
nor do we object to Snyder Oil Corporation ' s access permit or
current oil drilling proposal .
The shelter 's distance from the proposed drill sight appears
to be more than adequate to ensure the safety of our building .
On behalf of the Humane Society of Weld County, thank you for
consulting us in this matter .
Sincerely,
Stephen R . Dean
Executive Director
A Non-Profit Organization Dedicated to the Prevention of Cruelty to Ar�im.iL
940542
SH No/MP/Side: 253/4 .595
COLORADO DEPARTML T OF TRANSPORTATION Local Jurisdiction: Weld Cour.ty
Dist/Section/Patrol: 4/1/25
STATE HIGHWAY ACCESS PERMIT DOT Permit No.: 494074
HMW II: Fred Rossman (between 8-8 :30 a.m./4-4:30 p.m. ) Permit Fee: $100.00
#(303) 353--4847 Date of Transmittal: 06/02/94
THE PERMITTEE;
Weld County
915 10th Street
Greeley, CO 80631
CONTACT: Joe Peterson
# (303) 346-0428
is hereby granted permission to construct and use an access to the state highway at the location noted below.
The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit,
including the State Highway,Access Code and listed attachments. Th(s permit may be revoked by the issuing
authority if at any time the permitted access and its use violate any of the terms and conditions of this permit.The use
of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access
construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL
DEVICES, Part VI.The issuing authority,the Department and their duly appointed agents and employees shall be held
harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit.
LOCATION:
Access is to be located on State Highway 263, a distance of 3, 162 feet east from Mile Post 4
on the south/right side.
ACCESS TO PROVIDE SERVICE TO:
Oil well on undeveloped site
OTHER TERMS AND CONDITIONS:
1. This permit is only for the use and purpose stated in the Application and Permit A
change in use of the property which results in a change in the type of driveway
operation may require reconstruction, relocation, or conformance of the driveway to the
State Highway Access Code.
2 . Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction
element fails due to improper construction or material specifications, the permittee is
responsible for all repairs.
**SEE DESIGN ATTACHMENT "EXHIBIT A"**
MUNICIPALITY OR COUNTY APPROVAL
Required only when the appropriate local authority retains issuing authority.
•
By (X) Date Title
Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained
herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from
initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to
being used. The permittee shall notify Gareld Sisson
Greeley at (303) 350-2128
with the Colorado Department of Transportation in
at least 48 hours prior to commencing construction within the State Highway right-of-way.
The person signing as the permittee must be the owner or legal representative of the property served by the permitted
access and have full authority to acc•pt th permit and al it's terms and conditions. /)
1
Permittee (X) !C � rte, i� Date V
W. H. Webster, Chairman
Board of County Commissioners, Weld County, Colorado
•
This permit is not valid until signed by a duly authorized representative of the Department.
DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO
By (X) Date Title Region tevelogrent/Feces Cooniimtor
(Date of issue)
COPY DISTRIBUTION: Required; Make copies as necessary for; Previous Editions are Obsolete and will i not be used
I.District(Original) Local Authority Inspector 9405/ -SI T Form#101
7/91
2.Applice nt MTCE Patrol Traffic Engineer
3.Ste`.. '!
The following paragraph are pertinent h,_.dights of the State Highway Access Code. :se are provided for your convenience
but do not alleviate compliance with all sections of the Access Code.A copy of the State Highway Access Code is available
from your local Issuing authority(local government) or the Colorado Department of Transportation (Department).When this
permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the
access category which is assigned to the highway, what alternative access to other public roads and streets is available, and
safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the
revocation or suspension of the permit.
I Appeals
1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the
Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of
the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado
Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons
for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him
2, The Department may consider any objections and requested revisions at the request of the applicant or permittee. If
agreement is reached,the Department,with the approval of the local issuing authority(if applicable),may revise the permit
accordingly,or issue a new permit,or require the applicant to submit a new application for reconsideration.Changes in the
original application, proposed design or access use will normally require submittal of a new application.
3. Regardless of any communications, meetings,or negotiations with the Department regarding revisions and objecions to
the permit,if the permittee or applicant wishes to appeal the Department's decision to the Commission,the appeal must be
brought to the Commission within 60 days of transmittal of the permit.
4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority
(under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local
authority.
5. If the final action is not further appealed,the Department or local authority may record the decision with the County Clerk
and Recorder.
II Construction standards and requirements
1. The access must be under construction within one year of the permit date. However, under certain conditions a one year
time extension may be granted if requested in writing prior to permit expiration.
2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction.A copy of the permit shall
be available for review at the construction site. Inspections will be made during construction.
3. The access construction within highway right-of-way must be completed within 45 days.
4. It is the responsibility of the permittee to complete the construction of the access according to the terms and condit ions of
the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the ssuing
authority and Department and included on the permit. The Department or issuing authority may order a halt to any
unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has
failed to meet required specifications of design or materials. If any construction element fails within two years due to
improper construction or material specifications, the permittee is responsible for all repairs.
5. In the event it becomes necessary to remove any right-of-way fence,the posts on either side of the access shall be securely
braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence.All posts and wire
removed are Department property and shall be turned over to a representative of the Department.
6. A copy of the permit shall be available for review at the construction site. If necessary;minor changes and additions shall be
ordered by the Department or local authority field inspector to meet unanticipated site conditions.
7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway,arid shall
not interfere with the drainage system in the right-of-way.
8. Where necessary to remove, relocate,or repair a traffic control device or public or private utilities for the construction of a
permitted access,the work shall be accomplished by the permittee without cost to the Department or issuing authority,and
at the direction of the Department or utility company.Any damage to the state highway or other public right-of-way oeyond
that which is allowed in the permit shall be repaired immediately.
9. Adequate advance warning is required at all times during access construction,in conformance with the Manual on Uniform
Traffic Control Devices for Streets and Highways.This may include the use of signs,flashers,barricades and flaggers.This
is also requiredby section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed
agents and employees shall be held harmless against any action for personal injury or property damage sustained by
reason of the exercise of the permit.
III Changes in use and violations
1. If there are changes in the use of the access,the access permit-issuing authority must be notified of the change.A change in
property use which makes the existing access design or use in non-conformance with the Access Code or the terms and
conditions of the permit,may require the reconstruction or relocation of the access.Examples of changes in access use are:
an increase in vehicular volume by 20 percent,or an increase by 20 percent of a directional characteristic such as a left turn
The issuing authority will review the original permit;it may decide it is adequate or request that you apply for a new permit.
2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs.
3. When a permitted driveway is constructed or used in violation of the Access Code,the local government or Department may
obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority.
IV Further Information
1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by riling a
completed permit application form with the issuing authority.The issuing authority may take action only on the request for
improvement. Denial does not revoke the existing access.
2. The permittee,his heirs,successors-in-interest,and assigns,of the property serviced by the access shall be response He for
meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though
deposited on the access in the course of Department snow removal operations. The Department shall maintain in
unincorporated areas the highway drainage system,including those culverts under the access which are part of that system
within the right-of-way.
3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has esa
returned the permit signed and paid any required fees.
4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or
redesign the highway including any auxiliary lane. 0
5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with Nritten ert
concurrence of the appropriate local authority,to be reconstructed or relocated to conform to the Access Code,either at we
the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property
which results in a change in the type of driveway operation; or at the expense of the Department if the reconstruction or
relocation is necessitated by changes in road or traffic conditions.The necessity for the relocation or reconstruction shall
•
SURFACE OWNER WELLSITE CONSULTATION FORM I WE ID COUNTY, COLORADO
WF/:D e0UNf/ 1 'RWs - NESE Sec-%o/ l -7:5-Al Pas
Well Name(s) Location (qtr/qtr - Section - Township - Range)
Road Coordinates/Directions: 15T E,45%� 6/-2310o Hwy 2(03
ROAD
ci
cc
cc 6qt
0
FE L •
Soet4 ^ �S
age
•
enc. h
•
ROAD
Scale I" = 1000 Feet * all locations estimated
Proposed Drillsite Location • Proposed Tank Battery 0 Proposed Separator E3
Proposed Access Road Proposed Flowline
I. Surface Use ( ) Cultivated ()( Pasture ( ) Other
2. Irrigated: ( ) Yes ,No If yes: ( ) Flood ( ) Center Pivot
SOCO.and nd Surface Owner hereby agree to:.
3. ( ) Fence location only during drilling and completion operations ( ) No fence required
( ) Fence location & access road during drilling and completion'operations
If livestock present, any fence required shall be constructed to turn said livestock.
4. If Bowlines cross cultivated field: Segregate top soil during trenching ( ) Yes ( ) No
( ) Not applicable Water Pack lines prior to top soil replacement ( ) Yes ( ) No
It is hereby acknowledged that the representative(s) of SOCO have consulted with the undersigned concerning the
locations and methods of its contemplated drilling operations on the described lands.
Print Name: X W. II. Webster. Chairman
( ) Surface O' iv lv er—�A ) Board of County Commissioners
( ) Designated Age/I ofSurface Owner Phone Number: X (303) 356-4000 X 4200
Date:x gam L./ Parties Present
Distribution: Well File, Surface Owner, Construction, Location Construction 940542
Hello