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Home My WebLink About20081640.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 10 AND AUTHORIZE CHAIR TO SIGN - KERR-MCGEE GATHERING, LLC 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 10 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 Kerr-McGee Gathering, LLC, 1999 Broadway, Suite 3700, Denver, Colorado 80202, 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 10 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 Kerr-McGee Gathering, LLC, 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 June, A.D., 2008. q �� BOARD OF COUNTY COMMISSIONERS 7) -_D0 a L ELD COUNTY,COLORADO ATTEST: 4°""�y _i�G�✓ ) liam H. Jerke, Chair Weld County Clerk to the B CUSED Robert D. Masden, Pro-Tem 1(„It , Deputy Clerk the Board Garcia AP O 6":1- David E. Long un ttorney cea„Sp(q, c jtnc y-4- DougIds Radema her Date of signature: e' 6 2008-1640 EG0058 a MEMORANDUM TO: Clerk to the Board DATE: June 5, 2008 FROM: David Snyder, 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 WCR 10 with Kerr-McGee Gathering, LLC/An Andarko Company The appropriate documentation is attached. Enclosures pc: Kim Ogle, Planning Services M:\Francie\AgendaDavidSnydcr.doc 2008-1640 M: \Francie\AgendaDavidSnyder.doc 6 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY S� THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this2tday of oQx embet , 2007, 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, Colorado 80632, as First Party, and Kerr-McGee Gathering, LLC/An Andarko Company as Second Party whose address is 1999 Broadway, Suite 3700, Denver, CO 80202 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the NW/4of Section 14, Township IN North, Range 66 West of the 6" P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 10 for a distance of+2700 feet east of WCR 33 and located as follows: 60 feet of Right-of-Way between Sections 11 and 14, Township 1 North, Range 66 West, in Weld County, Colorado, which is hereinafter referred to as "ROW," 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,TI-IEREFORE, 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 Partty, which manner shall include, but not be limited to, the following: 1111111 11111 111111111111 111111 111111 III 1111111111111 3562608 06/24/2008 12:07P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 7)'6Oe-/6 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 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 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 my 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. 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. 2 1 111111 11111111111 111111 III 111111 111111 III Hilt III' 3562608 06/24/2008 12:07P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 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,thcemainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than thoseas 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 strictlyreserved 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. 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. 3 1 111111 11111111111111111 III 111111 111111 III 11111 IIII IIII 3562608 06/24/2008 12:07P Weld County, CO 3 of 5 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 Li cksch ATTEST: �G "�1 Clerk to the Board brCfle �1 By: I ' / i' �I ll�i8r-� . By: Deputy-'clerk William H. Jerke, Chair JUN 0 9 2008 SECOND PARTY: NAME NAME {� • By: By: •I/ .1\,-) c,( C.'c='` 7 c) SUBSCRIBED AND SWORN to before me this,? day of (7,�,m(Lf I , 2007, By (Yu 2� / 4, ✓ci;a<< 6, WITNESS my hand and official seal /tt.n /_:tJVl7 Notary Public , My comnnssion expires: 87,,2x./12,k- 1 i'. y4 M.AAGREEMENTS\Non-exclusivmGREEMENT FORM doc(Revucd 1/2007) 4 1111111 1111111111111111 Ill 111111 111111 III VIII 1111 I'll 3562608 06/24/2008 12:07P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder <aT6Ice-/ y6 • • a jIs 111 fY atasR _91 J is ' f m".. IR/lb P.,- , . . . . i: si . I ;1 , . dal11: , I rt. J1I Oillilit _ _ -,2 0 . 1//JI I , • ?C'• I giii - , y - ,..' r W t H . P. / I. vt,,,_:(3.3_......, set . rodhome ... . . . . _ . . ...... ... (r._r,„ r-_ 6 fa t ` ". Ai =F ■ ■ ■ ■ ■ ■'� _• Mr Id ifim j r r s• use;4‘ 'f r,, • e. i'I t. . • _ I :II Ike i e. ; - ` tl. •` ` - U 1 J ` •-_ • O O CD I ri _ H - 0 . N - i .. cc O• O 1 N . 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N . - �' . p + r. . iI1 -' r •. . 8 Jo-.1 11 --- ._ _ Old, + ~ I + _ —� s r _ ^i_ —_ �.�...lF- -L. . nr*.= c.,_ 4. 3N�� i Q' _ -_— _0I- -- _ QI - _ _ r i ? s, ac r 4G a I1 y,,.] �Q.. I r ��.�.Tj ask -_ `� n -t 0 II y pi I ii I � T CI! T_r -F- a t; p'a )- �,10,11, .I a _ r) 4 F I .\V i a n� T 1 \� i IA* r 1 - / IP - r �.�� • >-C ' h 1 1 mo_ - tip. �- __ Vii. ;�~ a C et •-t 'yA fla. _Sy 1 _,.._;--a----_--� i.; -_ - . . .-. -. .� ♦-•' •,-.--L--.-...—•-••••••••-_ aye ..-r.r- .44.- , -. •---,4-_r-. 4— . w+_.--. --•. M,.r_• ♦-'.'__4vii y-4'_a-e• Ve - .-J_. 1- • 4. If - - - _ _ =1.,- ��== `g. rf= d L k, / N��l M `�., 1173d0 a -_I0af16N3ilbMf 9- - t I WWI CQSINTr[ROAD ACCESS tNFQRMATION SHEET Weld County Public Works Department Date 1111 ti Street.P.O.Box 758, Greeley,Colorado 80632 Phone: (970 )356-4000,Ext. 3750 Fax: (970)304-6497 t Ap kcar�t Namer r( 41 6 es _. 4).) Qv ii - J Phone Address )4.(/' ' f,,ei ,y , 5,_;4R:3 700 eiiy 4/;a_li„ef ._...,. State C.,g Zo____ 2 Address or;c.,at"on of access _ __ Section..._...,1 =i T wnsito 1 1,/ ..._.__._. Rafl�@.........5•...K.�..__.... 'f'eld County Road # Sioe of Pond Distance iron nearest:intersection «. �._... 3 is there an existing access to the property? cis No #of accesses 3 4. ploposed Use: CEi Permanent O ResidentiailAgticultural Industrial O Temporary O Subdivision 61 Commercial O Other srsere"giro,.,,u+wy owr►.M woo.....s.h.r..*..*NHr►*rsist *rni v*viv*Rsrtsle'st+Myersr ••*,*......erv...,. 5. Site Sketch Legend for Access Description! WCR 10 Section Line A0 = Agriwttural RES = Residential • • • • • • 08G a Oil 4 Gas D.R. = Ditch Road O = House srrE c a = Shed R R 11 =Proposed Access 3 3 A 1 Existing Access 3 5 I N wcR a OFFICE USE ONLY. Road ADT Date Accidents Date Road. _ADT • Date ... Accidents Data Drainage Requirement Culvert Size Length Special Conditions _____.__.____ 3 tstellaten authorized O information Insufficient Reviewed By. Tate M:\AGREEMENTS\Non-exclusive120071KerrMcGee 2ndAmUSR468 access info sheet doc Name 1Kerr / ( (7C 6c,/i], o rgLL7 Case # gy4( 1S%) Ji WCR Location Non-exclusive License Agreement $ 100.00 Fabrication and Installation of Cross Road Sign (blue & white) $ 150.00 TOTAL DUE $ NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL Pi✓ Documentation of Proof of Right-of-Way (Title Co./GIS Dept.) or document of an easement shall be provided to the Department of Public Works. One (1 ) copy of Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way. This document shall be signed L / and sealed by a Colorado Notary Public. PN An 8'h" x 1 1 " inch map, drawn, indicating type of right-of-way/easement; whether it is dedicated, private, or deeded to provide adequate access to the parcel. The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. et/ The applicant shall complete a Weld County Road Access Information sheet. The above information shall be submitted to Weld County Department of Public Works. Pit" Send to Clerk to the Board for hearing date: , Wednesday, 9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the Court House. WELD COUNTY PUBLIC WORKS DEPARTMENT 11 1 1 H STREET PO BOX 758 GREELEY CO 80632 M:\PLANNING- DEVELOPMENT REVIEANonExclusiveLicenseAgre&Form.doc • INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O. BOX 758 GREELEY, CO 80632 Date 10/24/2006 970-356-4000, EXT.3750 APPLICANT Applicant/Owner ir Email Address /� I\ (Cr c6ce ( yhc/� Li— / Street Address j� 1 i 6(0,„,/,,,,/ 3k J e 3 -VC) City �� State (7) Zip Phone Number Fax Number �� Case#,2n,1/gymll � Subdivision/Case Name North County Road rC) East County Road 3C Lots A and B Section L I Township 1 Range le( U #Proposed Lots it FEE SCHEDULE QTY DESCRIPTION UNIT PRICE TOTAL Development Construction Permit(Subdivisions) U Dwelling units $150/lot ❑ Non-Dwelling Units $750/lot Offsite Road Agreement/Haul Route Agreement Review $500 Flood Hazard Development Permit $180 Storm Water Review $180 Geologic Hazard Permit $180 1 Non-exclusive License Agreement $100 100.00 I Fabrication and Installation of Cross Road Signs(Blue&white) (C t,33) $150 150.00 TOTAL DUE $250.00 M'AGREEMENTS\;nvoi ceNonExci usive doe k1J KerrlVtGee Kerr-McGee Gathering LLC December 7, 2007 ZZ 103 Broadway.Sate 0300, 3 Denver,Colorado 80202 �^•' 3 303--296-6- •3600•Fax 303-2-2 96--3601 BERTHA A. NUNEZ 16115 CR 10 Fort Lupton, CO 80621 Dear Sir or Madam: This letter is to notify all property owners using the County section line access that we are requesting an Amended USR for our parcel number 147114000012 located in Section 14, T 1N, R66W of the 6'h P.M., Weld County. When that is granted, we will be adding a radio tower. The reason for this notification is that it will add minimal additional traffic to the current access road, and Weld County Public Works requires that all landowners be notified. Please acknowledge that you have been notified of the proposed Recorded Exemption, and plans for the land by signing and returning this letter. I have included a self addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, KERR-McGEE GATHERING LLC cc4 Cheryl L. Diedrich Senior Landman ACKNOWLEGEMENT: W LEGEMENT: Signature Date pc: 2n°AmUSR 468 4'! KerrNtGee Kerr-McGee Gathering LLC 1999 Broadway,Suite 3700,Denver,Colorado 80202 December 7, 2007 303-296-3600•Fax 303-296-3601 ALLIANCE INVESTMENT GROUP-FORT LUPTON LL 3336 E. Chandler Heights Rd #121 Gilbert, AZ 85297 Dear Sir or Madam: T, is lct._, is to notify MI property uwtrcrs using :ne County section line access mat we are requesting an Amended USR for our parcel number 147114000012 located in Section 14, T IN, R66W of the 6°1 P.M., Weld County. When that is granted, we will be adding a radio tower. The reason for this notification is that it will add minimal additional traffic to the current access road, and Weld County Public Works requires that all landowners be notified. Please acknowledge that you have been notified of the proposed Recorded Exemption, and plans for the land by signing and returning this letter. I have included a self addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, KERR-McGEE GATHERING LLC . fit O112::,r L. Ci�dri:,h Senior Landman ACKN WLEGEMENT: Sig a e Date pc: 2"dAmU SR 468 o � � .. » da \f ( ` ° ! 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