HomeMy WebLinkAbout20121698.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 138 AND AUTHORIZE CHAIR TO SIGN -
SUPERIOR OILFIELD SERVICES,LTD.
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 138 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 Superior Oilfield Services Ltd., 14280 County
Road 72, Greeley, Colorado 80633, 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 138 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 Superior Oilfield Services,Ltd.,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 9th day of July,A.D.,2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
C
ATTEST: j {!^f e ti -
�� Sean P.Conway,Chairr C 9
Weld County Clerk to the Board
���"'*►, EXCUSED
, �;v �°Lf�1 illiam F.Garcia,Pro-T-m
BY: __�� ►. .n�� l
fi.. �U
Deputy C�rk to he Boa .X861 t, s �ss,�t / ��.:-/a�t.C7•x arbara Kirkmeyer
APPROVED AS TO FORM: O ' ' EXCUSED
ui N V David E.Long,
'.0-Coun ttorney L r1 Ir k r''DouglasIRademach r
Date of signature: 1 1 I")-
2012-1698
.. P1'.- EG0064
X186�� MEMORANDUM
TO: Clerk to the Board DATE: July 1, 2012
-G O U_ N T_Y FROM: Donald Carroll, Engineering Administrator
Public Works Department
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 Superior Oilfield Services, Ltd. to utilize Weld County Road 138
section line access to their 110c State Permitted Gravel Pit site.
Enclosures
pc: Planning staff
M:\Don\AgendallonExcl us ive I.i cAgree.docx
2012-1698
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
0-
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this'll day of NW , 2012,
by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of
Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado 80631, as First Party, and
Superior Oilfield Services, Ltd. as Second Party whose address is 14280 County road 72, Greeley, CO
80633.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the PT SW 4 of
Section 22, Township 12 North, Range 63 West of the 6'h P.M. in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 138 section line west of
WCR 71 and located as follows: 30 foot of right-of-way on the south section line of Sections 22 and 23
Township 12 North,Range 63 West, in Weld County, Colorado,which is hereinafter referred to as "ROW,"
and
Superior Oilfield Services,Ltd.has a lease agreement with the property owner allowing use and access
to the subject property along the south 30 foot of Sections 22 and 23,Township 12 North,Range 63 West,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:
3858009 Pages: 1 of 4
07/10/2012 10:46 AM R Fee:$0.00
Steve Moreno. Clerk and Recorder. Weld County, CO 1
VIII h'i iYl'iI '4ih�Ii��LI�'i�i{���+I�ci ' :i 't li�'IH I �I II
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a. ROW shall be constructed and maintained as a graded and drained all-weather road. The
access width requirements for emergency equipment(fire department)are a minimum of 20
feet. Dust control may be required.
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 Parry 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.
3858009 Pages: 2 of 4
07/10/2012 10:46k AMd Recolede$0 W00d Counv1 CO Stev2
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.
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.
13. Weld County Road"Access Permit Application Form"is included in the packet.It will be required for
all new and existing roads,driveways,change in use or other means of providing ingress or egress to
lands adjoining County right-of-way. There may be a fee of$75.00 - $150.00.
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.
3858009 Pages: 3 of 4
07/10/2012 10:46 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder.. Weld County CO
�PiiWiif0H1Biiii
3
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 4 _
•Iat
Deputy rk r ,P Sean P. Conway ,Chair
JUL 12
SECOND PARTY:
NAME` `��� Q� NAME
By:911.4A4.4..9.-‘"�,,,a,Q°W it By:
4
SUBSCRIBED AND SWORN to before me thisJ day of rna..9 ,2012. ,
BY Mkhhpnl r`im llil
WITNESS my hand and official seal \ b
Notary Public
My commission expires:1-to•LC.V TARA BRISBY
Notary Public
State of Colorado
My Commlulon Expires January 06,2015
M:\AGREEMENTS\Non-exclusive\2012\Superior Oilfield Services.docx
3858009 Pages: 4 of 4
07/10/2012 10:46 AM R Fee:$0.00
Steve Moreno Clerk and Recorder, Weld County CO
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\4011116t,\ Weld County Public Works Dept.
s.,40 --4 1111 H Street ACCESS PERMIT
�t: P.O. Box 758
C.-*,-. '� Greeley, CO 80632. APPLICATION FORM
6&/CNiv Phone: (970)304-6496
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name Mt LH r4EL 4lL.L.ER Name SAarJET ; Vo►.li col
Company U E 1OR OILrtGLD say icE$ Address s7ect 02_81
Address )42.80 (1R.'1'2._ City Gjao‘)CR2 State Co Zip 307"
21
City.&LC'1 State CD Zip 9O(33 Phone
t CA7O 454 -3122
Business Phone Fax
qZv 33f— O 3 Z5 E-mail
E-mail ♦= Existing Access L=Proposed Access
Parcel Location &Sketch II 1
The access is on WCR 7!
Nearest Intersection:WCR 71 ,&WCR /3'8 5.1.• WCR 140
,
Distance from Intersection /z To i?Cr/X_ 1pnj K 13
Parcel Number 004322000001 t� �- 23
si koariur t` tn..
Section/Township/Range -2/i-Ro3 T et ,\ _ _.. .._ _. _ _— _ .4,, I38 5.t...
Is there an existing access to the property? YES NO N
Q.- 3
Number of Existing Accesses
Road Surface Type&Construction Information
Asphalt, Gravel N4 Treated - Other WCR I3c,
— Culvert Size &Type C.,(2,-41 c._ Ctu(.rC}
--- Materials used to construct Access 1
Construction Start Date Finish Date
Proposed Use
o Temporary (Tracking Pad Required)/$75 o Single Residential/$75 ❑ Industrial/$150
Small Commercial or Oil&Gas/S75 o Large Commercial/$150 o Subdivision/$150
o Field (Agriculture Only)/Exempt
is this access associated with a Planning Process? o No o USR ❑RE n PUD /Other to tx Mc
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PERMtT-
Re uired Attached Documents � �
Traffic Control Plan -CP,? ficate 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 construction.
Signature( Printed Name \(. Yfl'11L1t1(0.- Otmf Date' S-31-++2
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
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Typical Traffic Control Plan Diagram
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Notes:
1. The above diagram is typical for normal shoulder work applications. Additional signing may be
required.
2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the
shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic,
channelizing devices are required for day use only. No night time obstructions are allowed.
4.O$‘9.23OOOO401
544 2T ees/v
ACCESS AUTHORIZATION
The owners of section 23,T12N, R63 W,6th PM, KBF Inc.hereby grant an access
easement to Superior Oilfield Services Co., LTD, PO Box 336356,Greeley,CO 80633,
to build and use a roadway to be built within a 100 ft corridor bordered by the
south section line of section 23 and running for one mile west from Weld County 71.
The road shall be built and maintained by Superior Oilfield Services,Co.at their
expense.The access shall be granted for a period of 20 years or until all mining and
reclamation is completed at the North Star mine in Section 22.
Signed and agreed this 11th day of April, 2012 by:
•
4u:sai(ze,
/Y-7 OW'-7
Joel Ko ig Member KBF'inc. Michael Miller President
57851 CR 81 Superior Oilfield Services Co., LTD
Grover,CO 80729 PO Box 336356 .
• Greeley, CO 80633
State of Colorado
County of Weld
The foregoing instrument was acknowledged before me this 11th day of April,2012
by Michael Miller and Joel Konig personally known to notary.
•
.'W LA/0—)4
Tara Brisby Nota
14280 CR 7 2 • F.O. Box 336356 • Greeley, CO 80633 • 970.454.3222 • Fax: 970.454.8723
www.superioroilfield.com • superioroilfield@hotmail.com
Typical Traffic Control Plan Diagram
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500 Fr
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Notes:
1. The above diagram is typical for normal shoulder work applications. Additional signing may be
required.
2. Vehicles or construction equipment shall not be parked in the travel way and should be moved to the
shoulder. If vehicles or construction equipment are not able to be moved out of the way of traffic,
channelizing devices are required for day use only. No night time obstructions are allowed.
4pti.213 ovdoot
54e �5 onfv
ACCESS AUTHORIZATION
The owners of section 23,T12N,R63 W,6th PM, KBF Inc.hereby grant an access
easement to Superior Oilfield Services Co., LTD, PO Box 336356,Greeley,CO 80633,
to build and use a roadway to be built within a 100 ft corridor bordered by the
south section line of section 23 and running for one mile west from Weld County 71.
The road shall be built and maintained by Superior Oilfield Services, Co.at their
expense.The access shall be granted for a period of 20 years or until all mining and
reclamation is completed at the North Star mine in Section 22,
Signed and agreed this 11th day of April,2012 by:
% / f
Joel Ko ig Member KBF`Inc. Michael Miller President
57851 CR 81 Superior Oilfield Services Co.,LTD
Grover, CO 80729 PO Box 336356 .
Greeley, CO 80633
State of Colorado
County of Weld
The foregoing instrument was acknowledged before me this 11th day of April,2012
by Michael Miller and Joel Konig personally known to notary.
Jaq.t. t ,.A/
Tara Brisby Notary/
1+280 CR 72 • P.O. Box 336356 • Greeley, CO 80633 • 970.454.3222 • Fax: 970.454.8723
www.superioroilfield.com • superioroilfieid@hatmaii.com
0O 112 3 000001
ACCESS AUTHORIZATION
The owners of section 23,T12N, R63 W, 6th PM, KU Inc.hereby grant an access
easement to Superior Oilfield Services Co., LTD, PO Box 336356,Greeley, CO 80633,
to build and use a roadway to be built within a 100 ft corridor bordered by the
south section line of section 23 and running for one mile west from Weld County 71.
The road shall be built and maintained by Superior Oilfield Services, Co.at their
expense.The access shall be granted for a period of 20 years or until all mining and
reclamation is completed at the North Star mine in Section 22.
Signed and agreed this l lt''day of April, 2012 by:
(4`.:4S9/1/17/1-
g Joel Korn Member KBF'nc. Michael Miller President
57851 CR 81 Superior Oilfield Services Co.,LTD
Grover,CO 80729 PO Box 336356
Greeley, CO 80633
State of Colorado
County of Weld
The foregoing instrument was acknowledged before me this 11t''day of-April,2012
by Michael Miller and Joel Konig personally known to notary.
Tara Brishy Notar
14280 CR 72 • P.O. Box 336356 • Greeley. CO 80633 • 970.4543222 • Fax: 970.454.8723
www.super!oroilfield.com • suoerioroilfield@hotmail.com
Superior Oilfield Services Co., LTD
P O Box 336356
Greeley, CO 80633
970-454-3222
Monday, April 23, 2012
KBF Inc
57851 CR 81
Grover, CO 80729
To Whom it May Concern;
This letter is to notify all property owners using the County section line access
that we are utilizing the unmaintained public right-of-way along the CR 138
section line to access our parcel number 004322000007, located in Section 22,
Township 12 North, Range 63 West of the 6"' P.M. Weld County. A gravel mining
operation will take place on the property and add traffic to the section line right-
of-way.
Please acknowledge that you have been notified I o z y
for the land by signing and returning this letter. 18 d �i
addressed, stamped envelope for your convenier .a o,� r Z
certified mail receipt will also acknowledge notifii LI U 7 0 0 `
oNj•- E 3 m
Sincerely, a
� � ¢ °am g. ru
l
Michael Miller • , z , i 6 : In
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N A m -0ACKNOWLEDGMENT OF NOTIFICATION: 2 E. m . o s
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Superior Oilfield Services Co., LTD
P O Box 336356
Greeley, CO 80633
970-454-3222
Monday, April 23, 2012
Peters 313 Ranch Inc
POBoxM
Carpenter, WY 82054
To Whom It May Concern;
This letter is to notify all property owners using the County section line access
that we are utilizing the unmaintained public right-of-way along the CR 138
section line to access our parcel number 004322000007, located in Section 22,
Township 12 North, Range 63 West of the 6th P.M. Weld County. A gravel mining
operation will take place on the property and add traffic to the section line right-
of-way.
Please acknowledge that you have been notified c w l" r, o •
m '•_.c•i
for the land by signing and returning this letter. I i' a - > ° iu°_- 3
, =p
addressed, stamped envelope for your convenien ? t a m p st a pa
certified mail receipt will also acknowledge notific 1 3 �i r a =suf.'',. m
m $ r" V" a a_.ct= m I m
Sincerely, 2 �� w is o
Z m_ r' mC= w Om
NO �y; 1 -O(1)
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Michael Miller o cv � xe ,,,
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SEME': C•M'LETETHIS SECT/�N C•M•LETETHIS SECTHN •N•ELIVE•Y
• Complete.items 1,2,and 3.Also complete A. Signatu
item 4 if Restricted Delivery is desired. X 3\�;, O Ag
• Print your name and address on the reverse O Ad
so that we can return the card to you. B. Received by(Printed Name) C. Date of I
s Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from Item 17 O Ye:
1. Article Addressed to: If YES,enter delivery address below: O No
?e1�r✓�u�e Vic.
‘ !+1 h /may Leg 2
3. Service Type
Y-�r l l JG t Certlfled Mail O Express Mail
O Registered El Return Receipt for Mercl
❑Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Ye:
2. Article Number 7011 1150 0001 646,9 2550
(Transfer from service label) ._
PS Form 3811,February 2004 Domestic Return Receipt 102595-0:
Co. Rd. 65 Co. Rd. 138
Co. Rd. 67 Co. Rd. 136
Co. Rd. 71 3
Co. Rd. 140
100/793
see County Clerk and
Recorder Book 658
page 112
4/18/1923 Petition to open roads; Com-
mencing SE corner Sec 29 T 12
R 62; 100/554; West 2 miles;
North 1 mile; West 4 miles;
South 3 miles.
Also, Commencing SE corner Sec
2 T 11 R 63; North 4 miles;
West 2 miles; South 1 mile.
Viewers appointed. see Book 18 page 96
5/21/1923 Viewers report approved: see Book 18 page 110
declared public highways.
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ROAD-VIEWERS' REPORT.
To the Honorable Board of County Commissioners of Weld __. . . .County, Colorado:
GENTLEMEN:
Your Piewrts appointed on the. May .4th day of May
i923 to view a County Road prayed for in a certain petition presented to your honorable body on the above named day and
date,n copy of which has been received by us,viz: Commencing at. -- •- - -.
The southeast (SE) corner of section twenty-nine (29) township (12) range
(62) thence west tow(2) miles to the southwest corner of section thirty (30)
township (12) range (62) thence north one mile to the southeast corner of
Section twenty four (24) township (12) range (63) thence west four miles -■f—
to the northeast corner of section twenty-nine township (12) range (63)
thence three =ales south to the southwest corner of section four, township
(11) range (63).
(Q) Commencing at the southeast corner of section two township (11)
range (63) thence four miles north to the state line to the northwest
corner of section twenty-four, township (12) range (63) thence west two
miles to the northwest corner of section twenttc-tvao, township (12) range (63)
thence south to the southwest corner of section twenty-two, township (12)
range (63).
•
Respectfully submit the following report.to-wit: After receiving our anthemfy to act,we met at the starling point of said pro-
posed road, on the. '. .. _4th .day of __-_.May _..... 192 3_.al the hour of 1 o'clock
.2. M., being the time and place specified in our appointment,and proceeded to view the road prayed for in said petition,as
follows: We commenced at the starting point named in said petition, and run. _.as petitioned. _..
the last named point being the terminus thereof, and the road as above laid nut and viewed being over the most practicable route
which we,in our judgment.cart find. We found it necessary to make the following changes in the proposed route as prayed for,
viz:
Viewers recommend the granting of the road as petitioned.
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