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Home My WebLink About941056 RESOLUTION RE: APPROVE AGREEMENT WITH GERRITY OIL AND GAS CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN 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 an Agreement concerning the installation and maintenance of an access road and flow line across County-owned property, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Gerrity Oil and Gas Corporation, 4100 East Mississippi, Suite 1200, Denver, Colorado 80222, 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 Agreement concerning the installation and maintenance of an access road and flow line across County-owned property, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Gerrity Oil and Gas Corporation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 26th day of October, A.D. , 1994. LeAeuhBOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board 0)-60 eel` )D,p ti W. H. Webster, hairman BY: Stilt k � n/ u Deputylerk to the Board Da e . Hall, ro[; em APPROVED AS TO FORM: Georg . Baxter EXCUSED DATE OF SIGNING (AYE) County A torney ( Constance L. Harbert AAa .�C SA P/k�.C� J. Kirkm er O 941056 ' 003._ c_ : Poo.; 6craml ' r ) CR A&2414246 AGREEMENT This AGREEMENT is made and entered into this �� day of a-Mar , 1994 , by and between Weld County, Colorado, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of Weld County, P.O. Box 758 , Greeley, Colorado 80632 ( "Surface Owner" ) , and Gerrity Oil & Gas Corporation, a Delaware Corporation, 4100 E. Mississippi, Suite 1200 , Denver, Colorado 80222 ( "Gerrity" ) . Gerrity agrees to pay Five Hundred Dollars ($500) to Surface Owner for the damages associated with the installation and maintenance of an access road and a flow line . Said access road will be confined to a 25 foot construction and maintenance width and a 12 foot permanent width, as more particularly shown on the attached Exhibit A, and will be used for access to the Wiederspon J 16-12 well located in the NW/4SW/4 of Section 16, Township 5 North, Range 66 West, 6th P.M. , Weld County, State of Colorado. Once installed, the 12 foot permanent access road may be located within a 15 foot utility easement, which easement is shown on the subdivision plat . Gerrity agrees to allow utility companies the right to place their utility lines within the 15 foot utility easement and within the 12 foot access road, where the road lies within the utility easement . Gerrity also agrees to allow such utilities access along said road for the purpose of maintaining any utility lines placed within the utility easement . Surface Owner agrees that said payment, the receipt of which is hereby acknowledged, constitutes the full and entire consider- ation to be paid by Gerrity for damages associated with the installation and maintenance of the access road and flow line . Surface Owner acknowledges that consultation and notification requirements have been complied with in accordance with all regulations set forth in the Rules and Regulations of the Oil and Gas Conservation Commission of the State of Colorado. Gerrity agrees to install a temporary fence to define the 25 foot strip of land prior to commencing drilling operations . Said temporary fence shall be moved to the eastern edge of the 12 foot permanent access road after it is constructed (upon completion of drilling and completion operations) . Said fence shall be of 3 strand wire construction and the structural integrity of said fence shall be maintained by Gerrity once it is installed. Gerrity agrees to reclaim and reseed the 25 foot construction road once the 12 foot permanent access road is constructed (upon completion of drilling and completion operations) . 941056 Page 1 of 3 Pages 2412' )6 1 -1466 P-s 1 :/01/q4 01 :48P PG 1 OF 4 RFC DOC <u; All ,, u- s:eiN e,d Rccorck 0.00 Gerrity agrees to install and maintain steel swing gates at the entrance and exit to the 12 foot permanent access road after the 25 foot construction road is reclaimed and reseeded. Gerrity agrees to install the 2 inch flow line 15 . 5 feet from the existing fence line along the east side the permanent access road as shown on Exhibit A. Gerrity shall survey the location for the flow line and set placards to mark the flow line after it has been installed. The flow line shall be buried 6 feet deep, shall be cathodically wrapped prior to its placement, and its location shall be shown on "as built" plans recorded in the Office of the Weld County Clerk and Recorder so that the flow line may be easily located at later dates when and if the subdivision is developed. Gerrity acknowledges that Tract A may be used for "open space" and as a "retention pond area" in accordance with the subdivision plat and any building plans submitted for the subdivision, including drainage plans . Gerrity agrees to indemnify and hold Surface Owner harmless from all claims, damages, or costs arising from Gerrity' s negligent or unreasonable use of the Surface Owner' s property and not due to any act or omission of the Surface Owner. This Agreement shall be binding upon and inure to the benefit of the heirs, successors, and assigns of the parties hereto . Agreed and accepted the day and year first above written. GERRITY OI GAS CORPORATION Thomas A. Ru edge, Landma STATE OF COLORADO ss . COUNTY OF WELD Subscribed and sworn to before me this 4, day of ( f,— , 1994 , by Thomas A. Rutledge, Landman, Gerrity Oil & Gae.Cot-j5otation. O11Nrty., . efltneSS my hand and official seal ... r Notary Public Page 2 of 3 Pages 94.10 6 --413—cat; B-14h6 P-S 11/03/94 01:48P PG 2 OF 4 • ATTEST:/� ryyW! Mat BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO CLERK TO Tit BOARW F COUNTYCOMMISSIONtR BY: / Chairman J �J W. H. ebster, Chairma---"n"' / 1N 7770 BY: Deputy Cler to the Boar APPROVE O FORM: AGERRITY.DE Page 3 of 3 Pages 2411796 B-1466 P-$ 11/03/94 01:4SP PG 3 OF 4 941056 I Exhibit A To that certain road AGREEMENT, made and entered into this '6421-day of 49c744 e, , 1994 by and among Weld County, a political subdivision of the State of Colorado ("Surface Owner") Gerrity Oil fi Gas Corporation, a Delaware corporation, ("Gerrity") . LEGEND Fe kce PER,ANENT I . ROAC 7 -— — — RdWLINE / Z 29 5T WELD COUNTY LAND Y rE5t a#.0 n Li.ae..1[l AdriCSa r,“ Gam.[ • •R .-.vlw+ ..cc"ri Lr.4M 'SS _ _ _- 244*. f41{ LFE> OEiP a mars sw,w sR._ • Ek.9nw NCI WO - a /RJJCATV url • C Z J • • 7J ST A\/E. 1 �; ;�y� -1466 P s 11/03/q4 01 :48P PG 4 OF 4 941056 £yz uF DEPARTMENT OF THE ARM . P V CORPS OF ENGINEERS.OMAHA DISTRICT \_ y. . /W7 \\\ .L TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 .. LITTLETON,COLORADO 80123-8901 ft 50- .as ,, ` 0.?* REPLY TO October 13, 1994 7; ATTENTION OF Mr. Tom Rutledge Gerrity Oil & Gas Corporation 804 Grand Avenue Platteville, Colorado 80651 Dear Mr. Rutledge: Reference the Wiederspoon J16-12 drill site project located in Section 16, Township 5 North, Range 66 West, Weld County, Colorado. Your project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the excavation and discharge of dredged and fill material into waters of the United States including wetlands. This letter is to inform you that the proposed activity, assigned number 199480832, will not require a Department of the Army (DA) Permit. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as required. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120. Sincerely, Timo T Carey Project ager 941056 GLEN DROEGEMUELLER, P.C. ATTORNEY AT LAW 822 SEVENTH STREET•SUITE 330•GRFFI FY,COLORADO 80631 •(303)353-9599•FAX(303)353-9597 October 20, 1994 H OCI 20 1°91 _LD CC U VTY ATTORNEY'S <'):-' ;•-:- Hand Delivered Mr. Bruce T. Barker Weld County Attorney 915 10th Street Greeley, CO 80631 Dear Bruce: As you know, I represent Dr. and Mrs. Richert E. Quinn who are the owners of lots 1-il of the Westridge Fifth Filing. Recently, we were contacted by representatives of Gerrity Oil & Gas Corporation regarding a proposal to access a well on the Weiderspon's property. The Quinns support the proposal as it has been explained by Gerrity because it will preserve the Wiedeman Farm which is adjacent to both the Quinn and Weiderspon properties. The Quinns would like to request that a three-wire fence (as opposed to a barbed wire fence) be constructed along Tract A in a manner which would prevent the Quinns' horses from being able to leave the Quinn property should a Gerrity truck driver fail to close a gate when accessing the Weiderspon well. The Quinns would be willing to maintain the fence once it had been built as it relates to the accumulation of weeds on that fence. The Quinns would, however, look to Gerrity to maintain the structural integrety of the fence for whatever period of time Gerrity operated the well. I would appreciate you advising me as to the actions taken by the Board of County Commissioners with respect to the fencing of Tract A after it has been considered by the Board. Sincerely, Glen Droeg ueller Attorney at Law GD:sjr pc: Dr. and Mrs. Richert E. Quinn 941055 _ GERRITY wt0 h4 O I L & G A S (fiAW /1�./ n/Mvic c, /0-/3-94/ CORPORATION -,a October 12 , 1994 Mr. Terry McKee Department of the Army Corps of Engineers, Omaha District Tri-Lakes Projects Office 9307 State Highway 121 Littleton, Colorado 80123-6901 Re: Wiederspoon J16-12 , Weld County Access Road, Township 5 North, Range 66 West, 6th P.M. Section 16: NW/4SW/4 , County of Weld, State of Colorado. (Reference: Telephone Conversation October 11, 1994 , { URGENT REQUEST) Dear Terry, I have attached a copy of a wetlands survey performed by Steven Peterson, a wetlands biologists employed by Western Resources Development in account with Native Seeders, one of our contractors . Weld County, the owner of the parcel we plan to use for access for the captioned well, has requested that I obtain a letter from you stating that the strip of ground I have cross-hatched is not a wetlands. • I need to present your letter prior to the end of the week if possible, or next Monday or Tuesday in order to give the county attorney time to review this again with the Board of County Commissioners. We hope to commence operations on or before October 17 . The approval will help us to preserve a very well tended grass hay pasture owned by a owner of a small acreage on the other side of the fence. In order to help out this landowner I will appreciate your response as soon as possible. Sorry for the short notice. If you have any questions please call me at 785-0352 or 888-9518 (mobile) . Thanks for your help. Sincerely, Tom Rutledge TAR enc 4100 East Mississippi Avenue Suite 1200 c Denver, Colorado 80222 94105- '7 Fax 303 757.1197 � . y I• s R` 5, _ "�- c z . 4 o S Z :al . • ` V4 � a . x wt -.. in• a • -a. • 14#4.00.0aPr n7 rTh 8oiC I ° X I' e - z a - 'R 1 w b UI y �2 2 _ c R c tY < h r � • _ y '� 3NilWZ14 Q3SC (1 n: J j t. • M ♦ ♦ . ♦ U x • x i • - ♦ , • T • 5 � L � • t . XI " 'jr -,r•941055 _* Hello