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Home My WebLink About20120586.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD CR 76 AND AUTHORIZE CHAIR TO SIGN - CHESAPEAKE OPERATING, 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 Road 76 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 Chesapeake Operating, Inc., P.O. Box 18496, Oklahoma City, Oklahoma 73154, 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 76 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 Chesapeake Operating, 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 29th day of February, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: „z, , Sean P. Con air Weld County Clerk to the Board i Wil m F. Garcia, Pro7Tem BY: /1r IE Deputy Cl&k to the Board 4� rbara Kirkmey AI 1861 teter2 .{ L D A • �4 CUSED 1'A vid E. Long County Attorney � c r , r k'> rt ��f/�VJ.!'- DouglaA Rademac er Date of signature: 2- 1 PI 2012-0586 3 Z -i Z.- EG0066 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this' day of FE RNA f.Y , 2011 by and between WELD COUNTY,COLORADO,by and through the Board of County Commissioners of Weld County,Colorado,whose �rees��911 Tenth Street,Greeley, Colorado 80631,as First Party, and CHoArl:Ark CY Second Party whose address is PG 60X 1E 41(o C 1-LA ttQM A _l rf* W1TNESSETH: WHEREAS, Second Party desires to more effectively access property incated at the U1:¶-1 t t 1) of Section 2 5 ,Township-1 North,RangekZ West of the 6th P.M. in Weld County,Colorado,and WHEREAS,First Party is the owner of the right-of-way known as WCR (o for a distance of .100 t. -1 �. WEST GE WCR E65 and located as follows: between Sections 15 andL,Township j North,Range( Z.West,in Weld County,Colorado,which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not beingmaintained 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: l. First Party retains the right to revoke this NonexclusiveLicense 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 Part))s change in address from his address written above. . The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party,which mamnr shall include,but not be limited to,the following: l 3828820 Pages: 1 of 4 03/02/2012 10:45 AM R Fee:$0.00 2012-0586 Steve Moreno. Clerk and Recorder. Weld County, CO III PA.Wm i1 �� 10:111 1�'1� ill . I a. ROW shall be constructed and maintained as a graded and drained al#weather 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 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 requiredto gain access, as partof the maintenance responsibilitiesreferred 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 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. 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 attributableto 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. 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrumentother 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 agreinents between the parties hereto and there are no promises,terms, conditions,or obligations referring to the subject matter whereof other than as contained herein. 2 3828820 Pages:• 2 of 4 03/02/2022 10:45 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder: Weld County, CO ■III�Y��i 1 ti'i l��: ,�81rhJ1 tienorkiii.NCI II II i 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,theemainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which itis 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 he 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. I0. 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 he strictly reserved to the undersigned parties and nothing in this N onexclus ive 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 emergencyresponse.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. 3828820 03lej 02/2012 10;ages' 3 of 4 �11j i1,„4 Cie, SAM R or Fee.$0$0.00 itivievitirmii xi rT��1 I rnd acorder We,d Co . 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 73, AIIEST: fix,,..ide -f?GJ� Clerk to the Board By: t c Deputy erk �B6j \ 4' Chair FEB SECOND PARTY: NAME NAME (H AfEAK-E OY'E' At1N6, INC By: By: J vt1 SucU U-ft1 Ieidt fevwui kvlaljc{- SUBSCRIBD Ah SW0 before me thisaday of 20 i 2 By - /v 6 v .Q LE WITNESS my hand and official seal Notary Public A�CERRf O .4OInisk Set My commission expires: IC Iayii J E I #11008b68 i EXP. 10/24115 3,1 T uiOF,tOK�P�,,` MAAGREEtvENTS\NowexclusinkAGREEMENT FORM.doc(Revised I R007) 4 3828820 Pages: 4 of 4 Steve M2012 10:45 AM R Fee:$0.00 Steve Moreno., Clerk and Recorder, Weld Count CC lily in iA1�� f��AN j1#�'1� �� 44>, 4,..A Weld County Public Works Dept. -4 1111 H Street ACCESS PERMIT I sr x' P.O. Box 758 �'t)'\ -,, Greeley, CO 80632 APPLICATION FORM / w0 Phone: (970)304-6496 Fax: (970)304-6497 Applicant Property Owner(If different than Applicant) Name VOdlit I t)J1 1(4.11 r[ v i 1 Name 3�VIVI I �jl.�l,�/,Q,{��!! �ll an �'I c1 I,, f1 !i It(• Address 1`')O�(0 & 61 Company �l}`Vtt,,J�,aA,��t-�t,,`+11� Q�� (� i� • i1,°0�i( �Q1� Zip COCCI ('o Address��``C �/ `"1I)( tb`t �J f+ City 5 State City () a. to - State�I- Zip 131G4 Phone Business Phone 1 D5)61%-21 (o5 Fax fi Fax (,t�) (6(41(_,216 E-mail E-mail t,-e/G(>'I .. lU.6{ALt)1 14 ( &4 • avi4 A=Existing Access A=Proposed Access Parcel Location&Sketch The access is on WCR I (,r Nearest Intersection:WCR (��S 71 &WCR 1(G WCR Distance from Intersection U,,2-).1 VWU/ 11 5 3. t N.• Parcel Number 0-115Z5 0 (i G DO 1 L, Section/Township/Range S CC• Z5- I l f,s" t-uL Ul/ T 6 3' Is there an existing access to the property? YES if1 ) :il9 /t. Number of Existing Accesses ;D '� Road Surface Type&Construction information V i. Asphalt Gravel -_•Treated _ Other CYAchCd wk �WCRl Q ' 1 Culvert Size&Type M Materials used to construct Access CVU,Sl I cV- Construction Start Date O ho 1 12 Finish Date tai/o I/i { Proposed Use iiii ❑Temporary(Tracking Pad Required)/$75 n Single Residential/$75 ❑ Industrial/$150 X Small Commercial or Oil&Gas/$75 ❑Large Commercial/$150 ❑ Subdivision/$150 o Field(Agriculture Only)/Exempt { I Is this access associated with a Planning Process? u No ❑USR ❑RE ❑PUD Other all ( tt y) lmit Required Attached Documents • -Traffic Control Plan -Certificate of Insurance -Access Pictures (From the Left, Right,&Into the access) (,oli fi le) By accepting this permit,the undersigned Applicant,under penalty of perjury,verifies that they have received all pages of the permit I 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 1 regarding fad -fit,s constr etbn. Signature Printed Name v e Y1 Y11 S Ud40~14 Date Approval or a e ial will be Issued in minimum of 5 days. Approved by___ Revised Date 6/ 10 Chesapeake Operating, Inc. 0426221 WELD COUNTY PUBLIC WORKS DEPT No. 1712329 VOUCHER INVOICE INVOICE DESCRIPTION OR NET AMOUNT NUMBER DATE NUMBER GROSS AMOUNT DISCOUNT 0542133 01/30/12 013012 THORELL 25-7-62 ACCESS PERMIT 75.00 Total for check $75.00 CHESAPEAKE OPERATING,INC. Comerica Bank 1712329 P.O.Box 18496,Oklahoma City,OK 73154-0496 74-478/724 (877)245-1427 FEBRUARY 1, 2012 Vendor No. 0426221 ■ SEVENTY-FIVE 00/100 DOLLARS $75.00 PAY TO THE WELD COUNTY PUBLIC WORKS DEPT VOID AFTER BO DAYS ORDER OF PO BOX 758 NO THIRD PARTY ENDORSEMENTS GREELEY CO 80632 twornmemormommir Crystal Reports Viewer Page I o 1 / 1 Main Report Int 100% suYnw�sObl*eb WELD COUNTY PUBLIC WORKS Weld County Public Works Dept. CO Phone: (970)304-6496 1111 H Street - Fax: (970)304-6497 P.O.Box 758 * Greeley,CO 80632 ,y- s SFr CO e4C WOP PAYMENT RECEIPT February 23,2012 Permit#: NP12-00046 Permit Type: PublicWorks\Miscellaneous\NA\NA Applicant: Chesapeake Operating Inc PO Box 18496 Oklahoma City,OK 73154-0496 Rcot t Pmt Type Pmt Method Ref# Pmt Date Amount Cashier Comments 65851 Paid Check 1725749 02/23/2012 $250.00 MCAUDILL Thorell 25-7-62 1H Drill Site Non Exclusive Lic Agr= $100:Blue 8 White Signs=$150 Total Payments: $250.00 CHESAPEAKE OPERATING,INC. Comerica Bank 1725749 P.O.Box 18496,Oklahoma City,OK 73154-0496 74-478/724 ..:(877)245-1427 FEBRUARY 21, 2012 Vendor No. 0426221 ■ TWO HUNDRED FIFTY 00 /100 DOLLARS ***I."'"***** $250.00 PAY TO THE WELD COUNTY PUBLIC WORKS DEPT VOID AFTER 9ODAYS ORDER OF PO BOX 758 NO THIRD PARTY ENDORSEMENTS GREELEY CO 80632 • httn•//crystal srvr/mvre0orts/adapter/XReport.asp?reportName=/Accela+Crystal+Reports/Aceela+Land+M... 2/23/2 PFEUFFER INVESTMENT PROPERTIES LLC CASS HELEN M (LE) ..� CASS HELEN M (LE) A %:,, :1 U HERRERA GONZALO C CASS HELEN M (LE) 1 MARK LAND CO 23 24 AHMED SAMIR 1 C V HERRERA GONZALO C GIBSON FRED D THORELL RODNEY D AHMED S ' SHELLER DONALD 1, w • ' i 1 r::"` a. SAM HERRERA GONZALO C AGIBSON FRED D - . It ti 1HMED f " • it pi26 1 1 25 6 , SIEI KEN J ES. THORELL RODNEY D SIEFKEN JAMES 10 i • PORTER DAVI CASS HELEN M V i ), i iimmagit:.. ., TILGHMAN JAS COLORADO STATE OF ON JAMEY R ,,IS' MALAN DOLORES L 31 RUH WILLIAM G 5JEPSEN..COLE FAMILY TRUST (1/2 INT) I r;10, fir . sir _ t MCKEE LINDA ADAMS MCKEE LINDA ADAMS 4OHNSTON KELLY A 4 HICKS SANDRA K . . 85 83' r t r:.81�_• • ERDMANN LONNIE W WHITE JERCtIE L r MCELROY SEAN FORD ROYCE R K & H RANCHES PARKER GARY L BRUMLEY KEVIN PMCKEE LINDA ADAMSSIIEFFERD DANIEL R illr HAMMAN CHRISTOPHER S DREXLER JOSEPH E PRIORITY INVEStMENTS LP !I�'1 Chesapeake 1 ENERGY Jenni Sudduth Field&Permit Analyst January 26, 2012 VIA CERTIFIED MAIL NO: 7010 2780 0003 0024 1775 Rodney and Wanda Thorell 73826 G Road Loomis, Nebraska 68958 Re: Extension of WCR 76 Section 25/36, Township 7N, Range 62W Weld County, CO Dear Mr. and Mrs. Thorell: This letter is to notify all property owners adjacent to the County right-of-way that we are requesting an access for proposed oil and gas drilling operations located on Weld County Road 76 between WCR 85 and WCR 79, to include 0.37 miles of section line access. The reason for this notification is that it will add oil and gas traffic sharing the current section line 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 and gas operation use by signing both copies of this letter. Please retain one copy for your records and return one copy to us in the self-addressed, stamped envelope provided. Your signature on the certified mail receipt will also acknowledge notification. If you have any questions, please contact Andrew Kopec, Field Representative for Chesapeake Operating, Inc. at any time at (307) 333-3378. S c rely yo , J i Sudduth Acknowledged and Accepted on 7 day of 7; , 2011. Rodney and Wanda Thorell lrf aVet l2:mil./ Rndnev Ytfnrell J I j uij P,i`i_j If1 RECEIVED 12 JAN 30 PH 2: 12 Chesapeake 1 ENERGY Jenni Sudduth Field&Permit Analyst January 26, 2012 VIA CERTIFIED MAIL NO: 7010 2780 0003 0024 1805 State of Colorado Attn: Tim Kelly 1127 Sherman Street, Suite 300 Denver, Colorado 80203 Re: Extension of WCR 76 Section 25/36, Township 7N, Range 62W Weld County, CO Dear Mr. Kelly: This letter is to notify all property owners adjacent to the County right-of-way that we are requesting an access for proposed oil and gas drilling operations located on Weld County Road 76 between WCR 85 and WCR 79, to include 0.37 miles of section line access. The reason for this notification is that it will add oil and gas traffic sharing the current section line 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 and gas operation use by signing both copies of this letter. Please retain one copy for your records and return one copy to us in the self-addressed, stamped envelope provided. Your signature on the certified mail receipt will also acknowledge notification. If you have any questions, please contact Andrew Kopec, Field Representative for Chesapeake Operating, Inc. at any time at (307) 333-3378. Si rely your , 1 J i Suddu St Acknowledged and Accepted on / day of 1—e , 2011. State of Colorado 111'1 Chesãi5ëa5ke IENERGY Jenni Sudduth Field&Permit Analyst January 26, 2012 VIA CERTIFIED MAIL NO: 7010 2780 0003 0024 1782 James and Patricia Siefken 4920 McMurray Fort Collins, Colorado 80525 Re: Extension of WCR 76 Section 25/36, Township 7N, Range 62W Weld County, CO Dear Mr. and Mrs. Siefken: This letter is to notify all property owners adjacent to the County right-of-way that we are requesting an access for proposed oil and gas drilling operations located on Weld County Road 76 between WCR 85 and WCR 79, to include 0.37 miles of section line access. The reason for this notification is that it will add oil and gas traffic sharing the current section line 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 and gas operation use by signing both copies of this letter. Please retain one copy for your records and return one copy to us in the self-addressed, stamped envelope provided. Your signature on the certified mail receipt will also acknowledge notification. If you have any questions, please contact Andrew Kopec, Field Representative for Chesapeake Operating, Inc. at any time at (307) 333-3378. Si ely your , J i Sudd h ��{{ Acknowledged and Accepted on �N��day of U("I,VI , ?41l James and Patricia Siefken 9a- _J/�-N m s Siefken II '1 Chesà5ëáke IENERGY Jenni Sudduth Field&Permit Analyst January 26, 2012 VIA CERTIFIED MAIL NO: 7010 2780 0003 0024 1799 Dolores Malan 1541 Lowell Lane Grand Junction, Colorado 81506 Re: Extension of WCR 76 Section 25/36, Township 7N, Range 62W Weld County, CO Dear Ms. Malan: This letter is to notify all property owners adjacent to the County right-of-way that we are requesting an access for proposed oil and gas drilling operations located on Weld County Road 76 between WCR 85 and WCR 79, to include 0.37 miles of section line access. The reason for this notification is that it will add oil and gas traffic sharing the current section line 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 and gas operation use by signing both copies of this letter. Please retain one copy for your records and return one copy to us in the self-addressed, stamped envelope provided. Your signature on the certified mail receipt will also acknowledge notification. If you have any questions, please contact Andrew Kopec, Field Representative for Chesapeake Operating, Inc. at any time at (307) 333-3378. Si erely y s, Sud uth Acknowledged and Accepted on 3/ day of /, , 2011. Dolores Malan �. 'k ;&) o ores Malan Hello