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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20113034
RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 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 23rd day of November, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO . ATTEST: . . cc�, iuJk _ v6R� a ��+� rbara Kirkmeyer, Chair 7 Weld County Clerk to the Boa� N� A ,tea ter I Pn P nway, Pro-TerT" 1/41 BY: "-Tv- Deputy erk to the Boar.: s AP-PRO AS TO FO / avid E. Long , ounty Attorney r att` Douglas/Rademac er Date of signature: /2-/5 // CC QIJ UntSc4)40:A 2011-3034 ia- ify It EG0064 • MEMORANDUM TO: Clerk to the Board DATE: I/—f/- 21- 7 °'/ * FROM:- °,9\ Public Works COLORADO 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 Cfl.64 REAICE OPERAr/N6t 7V (ArnLIzE Ce 7l0 5EenoAd. /A/ER/4flr-6F-WAS/. The appropriate documentation is attached. Enclosures pc: Planning staff 2011-3034 `ti/ NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into thisll day of C b I? ,2011, by and between WELD COUNTY, COLORADO,by and through the Board of County Commissioners of Weld County,Colorado, whose address is 915 Tenth Street,Greeley, t(50 „O"Slre r 4 c ret l is Colorado 80631,as First Party, and CltESA 9EAKe DPeRRAn Ki6) I(W . ,as Second Party whose address is to 6OX 14341(0 OV—LAtiwtAA Cff'Y O - 73154- WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the Nil 2 of Section 3(o ,Township Z North,Range(West of the 6`'' P.M. in Weld County,Colorado,and WHEREAS,First Part,is the owner of the right-of-way known as WCR 71° for a distance of _ 5( O' (kf Ol WCR !ib and located as follows: between Sections ZS and ,Township `1 North,Range(IL 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: 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 consistentwith the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexciusive 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 Parts 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 mantcr shall include,but not be limited to,the following: 1 11111111111113M Ill 1111 llt hilt 111 11111 II till 3808215 11/28/2011 11:44A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder I a. ROW shall be constructed and maintained as a graded and drained allweather 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 cleaningthe same. c. lfthe installation of a cattle guard is required,Second Party shall he 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 partof the maintenance responsibilitiesreferredto herein. i 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 j 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 Part}' 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 j 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 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 agreanents between the parties hereto and there are no promises,terms, conditions, or obligations referring to the subject i matter whereof other than as contained herein. I AM 1111 1111 Ill lI III l Illll 11111 3llll i3808215 11/28/2011 11:44A Weld 11County, a 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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. 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 S150 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. 3 111111 IIiII 1111111 III 111 1111111 NIL Ill 11II ll I11 3808215 11/28/2011 11:44A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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: SL a Clerk to the Board t Q� ,I It Q / ' , `' Deputy rk re a "Kirkmeyer, Chair (UT VA V0V 2 2 2011 SECOND PARTY: NAME NAME e FAKE orerAvlM&1 INC. By: By: J e State-in Fietdt- Ytvwti t kval -fr SUBSCRIBED AND SWORN to before me this l q,day of AioOm-tiler ,20 By Tai (e rrl l e WITNESS my hand and official seal L �� /1 Notary Public ``�p C,ERR1tz"o��Of My commission expires: /o/3-1r/I5 �N FXP 1=4115 tr %J't1�9T PIJBt-�G' �p'F NI.V,GREEMENTSNomezclusivdAGREEMENT FORM.doe(Revised 1200 �1//./OIIIIII1O 0\\`` 4 I 11111111111111111111 1111 11111111 111 III 11111 Ili/ IIII 3808215 11/28/2011 11:44A Weld County, CO 4 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 2A A riT ACHMENT 1 yS G- 1 y y.feq „� R� i y ROAD AT PAD LOOKING NORTH PROPOSED ACCESS TAKE-OFF AT COUNTY RU4D 85 LOOKING WEST .,.1,,,,:,..-...:, ai , ;,'. ti,,43-fir+'-x a....!,;'.... »,.re .i - °" .ate If . _ • _ ask, PROPOSED ACCESS TAKE-OFF Al' PROPOSED ACCESS TAKE-OFF AT COUNTY ROAD 85 LOOKING SOUTH COUNTY'ROAD 85 LOOKING NORTH PHOTOS T.4.KEN: 8/30/2011 WII LOCATION PICTURES RIFFIN& ASSOCIATES, INC. CHESAPEAKE ENERGY, LLC STATE 7-62-36-1II 1414 ELK ST., SUITE 202 DRG JOB No. 18756 SECTION 36, T7N, R62W ROCK SPRINGS, WY 82901 EXHIBIT 6 (307)362-5028 DRAWN:8/5/11 -CAE REVISED:9/1/11-MMM SHEET 2 OF 2 1 di 1 \\dell¢V''! f ` T`� `, ( ` -V\Cr ash Lit\ � _ �tp / ,5 r. Brlggsllal ----- C l \\� ��/``.ti I\ `. .r` l J 392 �(fi \‘..,,k \\_,‘„ 1 I ( ii �'�. �' ( pS i 3k-___` 1� t1 ) K l T 7 N1. lly,y,����� , f�� w ao V v / 1 �\ � � J ' C"-''''',i 1Q a) 116 i 14 0 ,T�raveT�t-J �" —�. � f ' fV 0 -------.`_f.Jp' �� ,sr / 15tl0 I JwU•, r,_./1/4 1 �,..„OS St ,_._—-c i \‘‘ ‘,.` ( 5.2 M I / 1408 Ct L f-' f1 \r\M-- i I \-,Tid\ 't\ , f � \.cvti �S=' *'� v � � fir �® `�l� l STATE l '-- '' /t1K 7-62-36-1H��. 1 1,31.r n I,,y _\ T6N 1� � JJtttt 1 ) �� � � 13.6 MILESRlGGSDALE COLORADO \ `J 1 PROPOSED ACCESS ROAD i RIFFIN&ASSOCIATES, INC. CHES4PEAKE ENERGY, LLC. (30])301-5018 1414 ELK ST.,ROCK SPRINGS,WY 82901 STATE 7-62-36-1H DRAWN:8/5111-CAE SCALE: 1"=MILE SECTION 36, T7N, R62W REVISED:9/1/11-MMM DRG JOB No. 18756 REVISED ACCESS ROAD EXHIBITS PROPOSED ACCESS— — — —I EXISTING ROAD • • • all , . _ . .., . • ir. . . �; jt " ,�^. ., ,H1 . 6 , .. , . . ..., . . .. ...... •• illeit . , . . 25 . . . . 30 , ,t.1. .. ,,. .. • .. . �Z .,... .. .. .. • r. ., .. IL, L�J . ' . .Z X74 ,a<yr • - • ..•i1. • •.. . u .••.. . ,i . ._..tail•Z7eliett arj . 1 M '1"+ 14.1111111111111111. F l i< .. . I'll. , Jr �;c '�• � l - .- ". _. . . _ M1 . 3 it. i 3 . 31 , . , , . _ ... . . . . • . .. A .. ... ... . ... .. . . _ .......... . , . .. . . _ ._ • . . .. . , .. ... .. • :. . . . , _ . . . , . .... . . ,... ,'CP 1_11--l-1• •_AL A Jit ' • , • ,„ _ -, . . Ur. r. .,. , . . .• ... . 83 ; , If A — • iiI Is F 9, • , •• 1.II Y - •> ft . 6 •, _ � 11. 4- _ -_ t, r I F ., is ,.-, 7 r7 vie4 C.) Li kin Ze Lai Li o ,:,tja U C 41) s3 LJ Woc. 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II HJt U Cj I I 20 33g RO6'28DS I . 0�co C- I I Q_ O U I I Z z 0 W U in W I I 0 O - * N W en a b 1.O OV O Lj In z--cm°"")$€ ._ Li � Wz N N SEN•E':C•M'LETE THIS SECTIIN C•M'LETE THIS SECTI•N •N •ELIVE Y • • Complete items 1,2,and 3.Also complete P` ❑Agentitem 4 if Restricted Delivery is desired. X. \/ .. -, ,._.� O Addressee ■ Print your name and address on the reverse - so that we can return the card to you. B, ( by( 0.De(e of Delivery • Attach this card to the back of the mailpiece, L„ Lit//-�Ira i, /..1/1 1la ,`i'' ;/ t or on the front if space permits. ✓. D. Isdelivwy eddreea different from Item tti Oyes 1. Article Addressed to: If YES,enter delivery address below: ❑No Do1,bvtS Rally 1641 Lo wet l La.— Csvavet JwAci-j vitI St0V 3. Service Type ❑Certified Mall ❑ Express Mal a Registered CI Rettan Receipt for Metthe lee ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7010 2780 0003 0024 1157 (Transfer from service label) ' PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 SEN•E': C•M'LETE THIS SECTI•N CAM. LETE THIS SECTI•N •N •ELIVE'Y • Complete items 1,2,and 3.Also complete ' '.. item 4 if Restricted Delivery is desired. O •gent • Print your name and address on the reverse X ■ Addressee so that we can return the card to you. 1 0Y( - Name) 1 C.Date of DehveY • Attach this card to the back of the mailpiece, -„- „t_ (t or on the front if space permits. D.'leipbeyaddreeStliereret from itemil? El yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No a ILVAeS-r ‘°aiv16i a 51 e-F K- 4a2o VI,L NAu,w°,M4- ,} CAU'vtS i 0)) "Go515 3. Service Type ❑Cratflkd Mail ❑Express Mall ❑TRegistered Q Reun Receipt fur Metchendise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7010 2780 0003 0024 1140 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENeE': CeM'LETETHISSECTI•N C'MLETETHISSECTI•N •N •ELIVE•Y ■ Complete items 1,2,and 3.Also complete L r 'afs 1' item 4 if Restricted Delivery is desired. /J f O Agent • Print your name and address on the reverse X I /� ' O Addressee so that we can return the card to you. B, , �.;', . C.Date ofDelive& • Attach this card to the back of the mailpiece, - OP '�r l or on the front if space permits. _a O Yes D. 'sit depvey-eddreesdffinertt fromltarn 1? 1. Article Addressed to: If YES,enter delivery address below: .R No RocUi + Wavt4a rtl,i,6vetl 7362 C0 1610 Lbovt S , 11E (12 '61,G4:2 3. Service Type O Cetdfad Mee O Express Mail ❑keglstered ❑Flaunt Receipt for"Stan O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 2780 0003 0024 1164 (Transfer from service label) SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete ❑Agent item 4 if Restricted Delivery is desired. Tr igli r CI Addressee • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, a2-----or on the front if space permits. ` 1 ❑Yes - 1. Article Addressed to: If YES,enter delivery address beloy� ❑No -t-A,+C bF CO L v J o `\'v AN : T1vvI t(IL U21 SwvwtAvl i', Ste .3bb d� 3. Service Type D C 1AV Ari Co v Oz o3 ❑ I CI Registered ❑Insured Mall ❑C.O.D. 4. RestrIcted Dellveir(Extra Fee) ❑Yes 2. Article Number 7010 2780 0003 0024 1171 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Ni toNEXC�I l6ivE L C. X40.® C()titA Weld County Public Works Dept. 1111 H Street ACCESS PERMIT , 1, o, P.O. Box 758 APPLICATION FORM ° 4 -ter ir Greeley, CO 80632 B(/c WO. Phone: (970)304-6496 Fax: (970)304-6497 Applicant 1 < Property Owner(If different than Applicant) Name J€V1V11 S Name 5tL1£ �0f` OIDVItAD Company CIktJa eltP, Uptali 116 , 16 Address WOf r&Vti Si"VZCi— ( ( e .duct Address le ''!u)( tbLI i0f/1d. �� ` City \/`W State Zip Q, oZ-Q3 City Okla U State©V- Zip 131G11 Phone Business Phone (ADS) S-21 ( 5 Fax Fax (409 f 4 -21(e5 E-mail E-mail ti-PiU. 'I Scuttiturk ® 0,4-. awl A= Existing Access A= Proposed Access 1'I Parcel Location&Sketch The access is on WCR 05 Nearest Intersection:WCR SO &WCR SS WCR 130 Distance from Intersection Z•I0 iiktil (Of 5taO 7+, Parcel Number 011530 O0O0O5 I Section/Township/Range Yee. 3 b- Ti kJ - g, tQLW T c N 3 Is there an existing access to the property? YES @ Number of Existing Accesses ce , Road Surface Type&Construction Information Asphalt_ Gravel_ Treated _ Other Cvushed fuck. WCR 1(, OW T Culvert Size&Type 110 A 1- Materials used to construct Access CYustied nClZ" 174 Construction Start Date I1/I5/1 I Finish Date 11/16/12 Proposed Use ❑Temporary (Tracking Pad Required)/575 o Single Residential/$75 ❑ Industrial/$150 X Small Commercial or Oil&Gas/$75 ❑ Large Commercial/$150 ❑ Subdivision/$150 ❑ Field (Agriculture Only)/Exempt Is this access associated with a Planning Process? ❑ No o USR ❑ RE o PUD $Other O1It g thins Required Attached Documents (� -Traffic Control Plan -Certificate fiic to of file) Insurance -Access Pictures (From the Left, Right, & into the access)ii 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 authorityto 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 faciliti construction. Signature Printed Name 3QY1fd Sudo1,u,il1 Date tiO/ 31/2011 Approval or D al will be issued in minimum of 5 days. Approved by Revised Date 6/2 0 Typical Traffic Control Plan Diagram ROAD WORK AHEAD 500 FT O O O 500 FT x� Notes: 1. The above diagram is typical for normal shoulder work applications. Additional signing may be required. ----- —t i .— — 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. Accela Automation: ShowPayDetai140 - T8108-D Page 1 o ria (//ei: Weld County Public Works Department 1 Mailing Address: i;, 1111 H Street Greeley,CO 80632 P.O. Box 758 V119Phone (970)356-4000 x3750 Greeley,Colorado 80632 0 or(970)304-6496 COLORADO FAX:(970)304-6497 RECEIPT Application/Permit Number: NP11-00112 Application/Permit Type: Miscellaneous/NA Applicant Name: Chesapeake Operating Inc. Applicant Address: PO Box 18496 Oklahoma City, OK 73154-0496 Receipt Number: 64247 Payment Method: Check Reference Number: 1660501 Amount Paid: $100.00 Payment Date/Time: 11/18/11 02:11:33 Cashier: Marj Caudill Comments: Non-Exclusive License Agreement CR 76/CR 85 T81 Versa) CHESAPEAKE OPERATING,INC. Comerica Bank 1660501 P.O.Box 18496,Oklahoma City,:OK 73154-0496 74-478/724 (877)245-1427. : NOVEMBER 16, 2011 Vendor No. 0426221 ■ ONE HUNDRED 00 /100 DOLLARS ***1.********* 9100.00 PAY TO THE WELD COUNTY PUBLIC WORKS DEPT VOID AFTER 90 DAYS ORDER OF PO BOX 758 NO THIRD PARTY ENDORSEMENTS GREELEY CO 80632 V � �
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