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Home My WebLink About20013418 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 133 AND AUTHORIZE CHAIR TO SIGN -ANTELOPE ENERGY COMPANY, 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 Upgrade and Maintenance of a Portion of Weld County Road 133 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 Antelope Energy Company, LLC, 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 Upgrade and Maintenance of a Portion of Weld County Road 133 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 Antelope Energy Company, 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 17th day of December, A.D., 2001. BOARD OF OUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: 4 l i `L4, 22'6 1141 atfr . ile, Chair Weld County Clerk to t iB. .l .`flurtiklek; / 4I Glenn Vaad,/Pr BY: , T Deputy Clerk to the Bo 77 Wi • rke C APPROV AS M: el a •d E. Lon minty ey 14_ Robert D. asden /a�.2o Date of signature: 2001-3418 Uj o �- t �,,,_� EG0041 P( 435 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this I9*day ofDecember , 2001, 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 80631, as First Party, and Antelope Energy Company, LLC, a Colorado limited liability company, whose address is P. O. Box 577, Kimball, NE 69145-0577, as Second Party WITNESSETH: WHEREAS, Second Party desires to more effectively access property located in Section 6, Township 9 North, Range 57 West, in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way for WCR 133, being 30 feet in width on each side of the west section lines of Sections 19, 30 and 31 in Township 10 North, Range 57 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, 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: 1111111111111111111111111 MIAMI III 11111311 2911435 12/21/2001 04:46P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO a. ROW shall be constructed and maintained as a graded and drained all-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. 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. 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. I MITI IIIII 1111111 INHUME 111111 MIN 111111111 IIII 2911435 12/21/2001 04:46P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 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. 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. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WE ytCN1I14 Y, COLORADO aid ATTEST: Clerk to the Board 1861 , A, By: .e' . 4 / By: /fit G — Deputy Clerk M. J. Geile , Chair (12/17/2001) SECOND PARTY: ANTELOPE ENERGY COMPANY, LLC �� «s-ys/�iG By: i Reed Gilmore, Manager/Member 1111111 11111 1111111 11111 III 111111111111 1111111111111111 2911435 12/21/2001 04:46P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO • STATE OF NEBRASKA ) ) ss. COUNTY OF KIMBALL ) The foregoing instrument was acknowledged before me this /Go-'day of November, 2001, by Reed Gilmore as Manager/Member of Antelope Energy Company, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 9ffou . 0 ,.p-a o S vicex kz-Gu 4 .411-11-- � 1 Notary Public GENERAL NOTARY-Stale of Nebraska DEBRA S. BOHAC •• '••'°a^ My Comm. Exp.Jan. 20.2003 m Awpfileslagreemnt\non-exclusive\nonexclusive-form.agr.wpd updated 1/23/2001 1 HID 11111111111111111III111111111111 III BIM IIII 2911435 12/21/2001 04:46P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO '54-1; ,_(1*- VII MEMORANDUM TO: Clerk to the Board DATE: December 12, 2001 II ' FROM: Frank B. Hempen, Jr. C• Director of Public Works/County Engineer COLORADO SUBJECT: Agenda Item Please place the following item on the Board's next agenda: Nonexclusive License Agreement for the Upgrade an Maintenance of Weld County Right-of-Way with Antelope Energy Co., LLC (WCR 133) The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator M:\W P FILES\Francie\AGEN DA.IRC 2001-3418 o ---r-----177-97141 0 / 11` � u- I n • v / r ( r I " i 0 1 • - • Cr I 2 r I 4,-/lli. � ' irl I (' ' it �� '_ ) i N i I I (- +i e Ity5°°' IC iii II i 1 11'� v �lti \I�) - m / \- \tit Av) L I Zed C ,, ,)\ .....7----,„„,. \o --% /` � '` , 1�1 rte\ \...�� B, f � � --1- .., O I' 4850 ,.I '2 7 / I / c \ ` y \- Wee) I L ) \' '' " ;433 ), . (\ y k \ --1 - y lr Vii,,// j� . 1. \ ��\ r `� (/ / „ . ./ , i ,- j_' I / �— y \� . y'�- \ a '—ma 1_____71„ _ 1 1r ), w�� v -Y'--- Ji 7\ (--- Olf ) i 4/758r f ( i -� / '2s / 2-7- 'V w;1 A �25 ` 1� \ oe '!33 b ,. � 1 ) 1 I ,� )�`� 1� 11 i� _: - `7 4Th: ) l �xz3a ( d 0l / J / 591S / ��l A 6)05 /V lA \ • •• \ \� In i 2 L ' k± * 1 �\ n\ 3.6,____ , ‘ ,-- N--i \ \ L-if \f � � f \ \ I �.� \ 1 \II VAAA ,vIA v A V' A �. �� /), ('),1I � v` I ��` V' � ")• � V A, (_ AI _ _l �, 1'o \ v A7 AV �I)(- ; � 111 1 �� .� �V-4. -s Y6 ,s v\ - C'----:.441_(.' 77\ �li= tZ 5� W 5 Wr rr R '� / r ( 1 ( tl�l. c(l')A 1 _ � ,/�` // ' `vim WCR 116 Fisher/ Stanley €3 Mertens cc 24 ; 19 Oram Adjacent Owners WCR 133 Antelope Energy Company High Plains 10N-57W Grazing High Plains 25 Grazing 30 Narberth Investment High Plains '/ Grazing Castor v 35 31 ,/ John C. Toedtll Van Cleve Van Cleve 6 Crews & Zeren Rev. 11/30/01 Road File It RE: Other Case WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: November 28, 2001 2001North 1 1th Avenue,P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)352-2868 1. Applicant Name: Antelope Energy Company,LLC Phone: (308)235-4661 Address: P. O. Box 577,Kimball, NE 69145 2. Address or location of access: WCR 133 at its intersection with WCR 116,thence south 3 miles in the County ROW Sections 19, 30 and 31,Township 10 North,Range 57 West and Sections 24,25 and 36, Township 10 North,Range 58 West Weld County Road #133 Side of Road: Each side of section line Distance from nearest intersection: 0 feet 3. Is there an existing access to the property? Yes No X Not to Section 6 #of accesses 0 from north 4. Proposed Use: X Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial X Other Oil&Gas Production 5. Site Sketch Legend for Access WCR 133 I Description: ARG= Agricultural * * * WCR 116 •� . RES = Residential ;;;, O&G= Oil& Gas 9 D.R. = Ditch Road 30 10n-57w 4 OFFICE USE 6 ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement: Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information`Insufficient Reviewed By: Title: ANTELOPE 112 W.2nd Street • P.O.Box 577 • Kimbell,Nebraska 88146 • 1308)236-4881 • FAX(308)2354550 ENERGY COMPANY November 13, 2001 A Limited LlebWry Company «First_Names» «Last_Name» «Company_Name» «Address_1» «City», «State_» <Zip_Code» Certified Mail/Return Receipt Requested RE: Road Construction Project Weld County, Colorado Ladies and Gentlemen: Antelope Energy Company, LLC, is applying to Weld County, Colorado, for a non-exclusive license to upgrade and maintain, for Antelope's use in accessing and servicing its oil and gas facilities, WCR 133 from its intersection with WCR 116 to its intersection with WCR 110. The route is indicated on the enclosed plat (not to scale). It will connect with the intersection of WCR 133 and WCR 116 and will continue south on the route of WCR 133 from that intersection. We plan to upgrade the existing trail road as shown between Section 24-T10N-R58W and Section 19-T10N-R57W. The existing fence is on the east side of this trail road. Continuing south 1 mile from the stated intersection, there is an east-west jog in the fence line where the fence shifts several feet to the west. We will continue through this east-west fence (cattle guards will be set at all applicable locations) and will continue with the road along the east side of the existing fence between Section 25-T10N-R58W and Section 30-Tl0N-R57W. Next, we will continue on the east side of the existing fence line between Section 36-T10N-R58W and Section 31-T10N-R57W. The road will then continue onto private property in Section 6-T9N-R57W. At this time, we do not anticipate that any fences will be required to be moved so long as there is adequate room for us to stay within the county right-o€way. A surveyor will be in the area very soon to conduct a site survey to determine the proximity of the existing;fences to the County's right-of-way. If you have any questions in connection with this matter, please let me know or contact Donald Carroll at the Weld County Public Works Department, P.O. Box 758, Greeley, CO 80632—Phone (970) 356-4000, Ext. 3750. Very truly yours, ANTELOPE ENERGY COMPANY, LLC Deb Bohac Land Manager db Enclosure First Name(s) Last Name Company Name Address 1 City State Zip Code Mildred E. Fisher _ Rt. 1 Box 111 (Litchfield NE 68652 Marvin R. Stanley 307 Westview Drive Sterling CO 80751 Robert S. Oram 8547 Canyon Ferry Rd. Helena MT 59602 ✓ Robert C. Graves High Plains Grazing Association _ 5821 County Rd. 54 Bellvue CO 80512 Colby N. and Sandra K. !Van Cleave 50985 WCR 135 New Raymer CO 80742 ✓ Charles B. i Darrah Narberth Investment Co., LLC 199 Inca St. Denver CO 80223-1523 John C. Toedtli 69664 WCR 120 Stoneham 'CO 80754 , Donna Leifheit, P.R. of the Estate of O. Avery Presler, Deceased 6515 Dover St. IArvada CO _ 80004 Dorothy L. Roberts P.O. Box 715 Divide CO - 80814 - — I Arthur L. Toedtli 1 12603 Dillon Rd. 1 Broomfield CO 80020 Betty Jean Castor 13891 Hwy. 144 Fort Morgan CO 80701 Paul Edward Mertens, John Owen Mertens, Thomas Ray Mertens James Stephen Mertens, Ruth Elizabeth Fritz ;P.O. Box 85 New Raymer CO 80742 Received Nov-30-01 13:21 from 308 235 4550 -' CREWS & ZEREN page 1 Ploy 30 01 02: 58p Antelope Energy Co 308-235-4550 p. 1 • FAX TRANSMISSION SHEET ANTELOPE ENERGY COMPANY, LL,C P.O. Box 577 Kimball,Nebraska 69145-0S77 Phone:(308)235-4661 Fax: (308)235-4550 To: Donald Carroll Original to follow by mail Weld County Public Works Department A' Yes No (970)304-6497 Bill Crews Crews&Zeren (970)351.0867 From: Sheila HilIius Date: November 30,2001 Subject: Weld County Road 133 You should receive 8 page(s) including this cover sheet. If you do not receive all pages, please call (308) 235-4661, COMMENTS: Following this cover letter are copies of the USPS Return Receipt Cards showing the date that each party received our notice. You will see that the certified letter to High Plains Grazing Association has not yet been signed for. I will re-send the letter via Federal Express, and attempt to obtain a signature for receipt of the letter through this avenue. Please let me know if you have any questions or need anything further. Hello