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HomeMy WebLinkAbout 19-63 Black Diamond Encroachment Lic AgmntRESOLUTION 19-63 A RESOLUTION OF THE BOARD OF TRUSTEES APPROVING THE ENCROACHMENT LICENSE AGREEMENT WITH BLACK DIAMOND ROCKIES MIDSTREAM LLC AND AUTHORIZING THE MAYOR TO SIGN THE ENCROACHMENT LICENSE AGREEMENT. WHEREAS, on September 25, 2006, Foundation Energy Management, LLC, and EnCana Oil & Gas (USA) Inc. entered into a Compatible Development and Surface Use Agreement with the Town of Firestone and the Firestone Finance Authority and such agreement was recorded in the records of the Clerk and Recorder of Weld County, Colorado at Reception No. 3427732 on October 16, 2006; and WHEREAS, Crestone Peale Resources Holdings LLC is the successor -in -interest to the mineral operating working interests of Foundation Energy Management, LLC and EnCana Oil & Gas (USA) Inc. in the Property and under the Compatible Development and Surface Use Agreement; and WHEREAS, on December 12, 2018, Crestone Peale Resources Holdings LLC entered into the First Amendment to Compatible Development and Surface Use Agreement with the Town of Firestone and the Firestone Finance Authority; and WHEREAS, on February 27, 2019, the Town of Firestone Board of Trustees approved a Special Use Permit for Crestone Peale Resources for oil and gas wells for the property; and WHEREAS, an underground oil pipeline and appurtenant underground facilities are necessary for the conveyance of liquid hydrocarbons fiom the oil and gas wells; and WHEREAS, the Town of Firestone desires to provide a 20' wide license area and right-of- way crossings at Frontier Street and Pine Cone Avenue to Black Diamond Rockies Midstream LLC to accommodate such facilities; and WHEREAS, the Board of Trustees of the Town of Firestone considered the acceptance of the Encroachment License Agreement, attached hereto as Exhibit A, on July 24, 2019; and WHEREAS, the Board of Trustees of the Town of Firestone believes it is in the best interest of the Town and its citizens to accept the Encroachment License Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves the Encroachment License Agreement, attached hereto as Exhibit A, with Black Diamond Rockies Midstream LLC and authorizes the Mayor to sign and bind the Town to the Agreement. INTRODUCED, READ AND ADOPTED this 24th day of July, 2019. Leah Vanarsdall, Town Cleric �J i Sind 1}1a ,Mayor Exhibit A Encroachment License Agreement 3