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Home My WebLink About20011712.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 119 AND AUTHORIZE CHAIR TO SIGN -WALSH PRODUCTION, 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 Upgrade and Maintenance of a Portion of Weld County Road 119 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 Walsh Production, Inc., P.O. Box 30, Sterling, Colorado 80761, 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 119 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 Walsh Production, 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 25th day of June, A.D., 2001. BOARD OF OUNTY COMMISSIONERS ` WELD C TY, COLORADO ATTEST: Lek, ��.% La /7dt M. Weld County Clerk to :. j:��) p/J� �� Glenn Vaad�Rru em BY: Deputy Clerk to the �- � 1 William H. Jerke APPR ED AS TO ORM: EXCUSED DATE OF SIGNING (AYE) Davi Long ountycAttorney � U( Robert D. Masden 2001-1712 EG0041 pC PIA), Wald? NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE glfa S' AND MAINTENANCE OF WELD COUNTY RIGHT-OF WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 025 day of Jini) , 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 Walsh Production, Inc.,whose address is PO Box 30, Sterling,Colorado 80751, as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access and build a gas transmission line to its mineral interests located in Section 13 of Township 8 North, Range 59 West of Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way on the Section line between Sections 11 and 12, Sections 13 and 14 of Township 8 North,Range 59 West of Weld County, Colorado and located as follows: starting at the intersection of Weld County Road 119 and Weld County Road 92, then north two miles on Weld County Road 119 to Weld County Road 96 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 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 its address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner 11111111111111111111111111111 1111 111111 III 11111 1111I III 2861965 06/29/2001 03:32P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO ;7on/-i7id as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: 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 form 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 of 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 111111111111111111111I11111I1 IIII 111111 III 11111 IIII 1111 2861965 06/29/2001 03:32P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO • 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 hereof 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 the 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 the 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 service 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. 1111111111111111111111111111 I I I 1111111 I I 111111 I I I 11111 2861965 06/29/2001 03:32P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County 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, COLO' • DO 41fl\ ATTEST Clerk to the Board It 1861 :ice sm 440 By: & 2c7,. ei % / By:)??4 Deputy Clerk to the : •. M. J. Geile.:IS Chair (06/25/2001) WALSH PRODUCTION, INC. N By: VA\AA'v"L"� William M. Walsh Title: President SUBSCRIBED AND SWORN to before me this 6254' day of Mal , 2001 BY l IMAt 1 Y4 In t*, WITNESS my hand and official seal QYat V Notary Public yiv commission expires: 2, a6 o y gyp . i,,(r, f ` ••• . .y OF CO , 111111111111111111111 11111111111111111111111111111111111111111111 I I I 11111 2861965 06/29/2001 03:32P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO a MEMORANDUM CTO: Clerk to the Board DATE: June 1 , 2001 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's June 25, 2001 agenda: Non-Exclusive License Agreement with Walsh Production, Inc. for section line access and a gas transmission line. Locations: WCR 119 between WCR 92 and WCR 96 WCR 123 between WCR 86 and WCR 90 WCR 90 between WCR 123 and WCR 121 WCR 121 between WCR 90 and WCR 92 The appropriate documentation is attached. - Fa, rl Enclosures -n I 2001-1712 WALSH PRODUCTION, INC. 20479 US Highway 6, PO Box 30 Sterling, Colorado 80751 RECEIVED (970)-522-1839 office (970)-522-2535 fax JUN 1 2001 WELD COUNTY PUBLIC WORKS DEPT May 24, 2001 Mr. Donald Carroll Engineering Administrator WELD COUNTY DEPARTMENT OF PUBLIC WORKS 1111 H Street P.O. Box 758 Greeley, Colorado 80632-0758 Re: Applications of Right-of-Way Weld County,Colorado Dear Mr. Carroll: Please find enclosed two different applications for Weld County right-of-way. One package is for the right-of-way to build an access road to our Federal 12-13 oil well, located in the NWSW of Section 13 of T8N-R59W, Weld County, Colorado. The other package is for the right-of-way to build a gas transmission line from our Federal 12-13 oil well to our existing gas gathering facilities located in Section 11 and 12 of T8N-R59W, Weld County, Colorado. The enclosures for each package are as follows: Road Access Right-of-Way& Gas Transmission Line Right-of-Way • Check List • Nonexclusive License Agreement(2 originals) • Land Map • Copy of 1885 Weld County Declaration, with record check note on bottom, see *. • Copy of Surface Owner Notifications If you have any questions or concerns please give myself or Bill Walsh a call at 970-522-1839. Sincerely, WALSH PRODUCTION,INC. Dean R. Gackle Vice President, Exploration \t':\� �' I ' ii \aa 4es° ' = EXHIBIT \I\Ij, -\ . 3 -N (( iticl ( I•Orfis-14 - I.i 7 N.: N-R59W\ 1`. \ w \ Pedal Surface ii BI \)l�� ^\ \ - _ , - - �\ !. \s WCR 96.` `� �� ( \\K \ *L.:789 :::...,.....c.. , k.-.-,\ \ 1 \-\\ 1\ 1 4803\ 9� — — \-,....%,,____fCC Proposed Gas Transmission Line: C-D e l y 4;7l _ __ ___ \. ,Private Surface tj........._rn....."....f!!'Ml,„,c,,,\L ./..N.) i,...--7.,..• _, ate Surface , T 1 a �•: ♦ a 1 I _.,j.-r\SC\j i ! 47�A Walsh Production, Inc. �;. 1W , 7 • , ,..,,,, 1 }.-',� ��C� Li. r$1 Federal 12-13 _ f - ,...\\ \ I ,...„ t•2 i `, : 1 i. .,.,,,, ...---7 . ...... .,,, ---....,3 ---.., 1/4 5 :t.r„._ ,,, , \ n ‘ \) — , wCR 92 / -, l \''J II ,\ .,,\ V3'Pederal Surface ,(i °Hole .'� • Imo• i � - \� —)).) (\1 I Federal Surface �_- -'—\ \ IBC �\ rt `7� •• i a it _'` _`1 1 ,) _ ` �9_ -1133 _ ( '--\ 19: �- Artitn-\NI) PROPOSED LICENSE AGREEMENT FOR WELD COUNTY ROW ,_....._r\ - _ r A-B: Weld County Road 119 \ _ , 1uN n • WALSH PRODUCTION, INC. 20479 US Highway 6,PO Box 30 Sterling, Colorado 80751 (970)-522-1839 office (970)-522-2535 fax CERTIFIED MAIL, RETURN RECEIPT REQUESTED May 24,2001 Mr. John Oppenlander US FOREST SERVICE 660 O. Street Greeley, Colorado 80631 Re: Notice of Right-of-Way Weld County,Colorado Dear Mr. Oppenlander: • Walsh Production, Inc. is applying for a Nonexclusive License Agreement for the upgrade and maintenance of Weld County right-of-way, see attached land plat. This letter shall serve as a notice to the surface owner of lands adjacent to such Weld County right-of-way. If you have any questions or concerns please notify the Weld County Department of Public Works at 970-356-4000 ext 3750. Sincerely, WALSH PRODUCTION,INC. William M. Walsh President • SENsE': C�M LETETHISSECTI�N C.M'LETETHISSECTI'N •N . • ELIVEY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. • Print your name and address on the reverse C. Signature so that we can return the card to you. / / o Agent • Attach this card to the back of the mailpiece, X ,; _/f/ �Addressee or on the front if space permits. - D. Is delivery••ress different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: O No John Oppenlander U S FOREST SERVICE 660 0. Street Greeley, CO 80631 3. Service Type ad Certified Mail O Express Mail O Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. ResttSCted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) ,//JD y9 3220 Ono., PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 WALSH PRODUCTION, INC. 20479 US Highway 6,PO Box 30 Sterling, Colorado 80751 (970)-522-1839 office (970)-522-2535 fax CERTIFIED MAIL, RETURN RECEIPT REQUESTED May 24, 2001 Mr. Deland Todd Castor 25450 Morgan County Road 10 Weldona, Colorado 80653 Re: Notice of Right-of-Way Weld County,Colorado Dear Mr. Castor: • Walsh Production, Inc. is applying for a Nonexclusive License Agreement for the upgrade and maintenance of Weld County right-of-way, see attached land plat. This letter shall serve as a notice to the surface owner of lands adjacent to such Weld County right-of-way. If you have any questions or concerns please notify the Weld County Department of Public Works at 970-356-4000 ext 3750. Sincerely, WALSH� n ,PRODUCTION,INC. `N1\v\ M `— William M. Walsh President SEN•E': C•M•LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N .EL/VE•Y • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. pate of Delivery item 4 if Restricted Delivery is desired. ��_�� • Print your name and address on the reverse (((454545 so that we can return the card to you. C. Signet n M • Attach this card to the back of the mailpiece, X i 0 Agent or on the front if space permits. Addressee 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Mr. Deland Todd Castor 25450 Morgan County Road 10 Weldona, CO 80651 3. Service Type ki Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 74579 3a Ad 000? Ma 08711 PS Form 3811,July 1999 Domestic Return Receipt 10259:1-00-M.0952 AALSH PRODUCTION, INC. • 20479 US Highway 6,PO Box 30 Sterling, Colorado 80751 (970)-522-1839 office (970)-522-2535 fax CERTIFIED MAIL, RETURN RECEIPT REQUESTED May 24, 2001 • Mr. Wade E. Castor 22791 Highway 39 Weldona, Colorado 80653 Re: Notice of Right-of-Way Weld County,Colorado Dear Mr. Castor: Walsh Production, Inc. is applying for a Nonexclusive License Agreement for the upgrade and maintenance of Weld County right-of-way, see attached land plat. This letter shall serve as a notice to the surface owner of lands adjacent to such Weld County right-of-way. If you have any questions or concerns please notify the Weld County Department of Public Works at 970-356-4000 ext 3750. Sincerely, WALSH PRODUCTION,INC. William M. Walsh President • SEN•E•: C•M•LETE THIS SECT/�N .M•LETE THIS SECTI•N •N•ELIVE•y I_-Complete itemr�s 1,2,and 3.Also complete A. •eceiv=. by leas fnt CI:,.fly) a 'item 4 if Re9t*teras of Deli ery Jetive y•desired. r • Print your name aldaddi'es§bn the reverse so that we can return the card to you. C. Sign �- • Attach this card to the back of the mailpiece, ■ or on the front if space permits. X Agent Addressee 1. Article Addressed to: D. Is delivery address.' , - t from item 1? ❑Yes If YES,enter deli - address below: ❑ No Mr. Wade E. Castor 22791 Highway 39 Weldona, CO 80653 3. Service Type EX Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 7099 3�ao oco? /9413 o807 PS Form 381 t,July 1999 Domestic Return Receipt 102595-00-M-0952 WALSH PRODUCTION, INC.• 20479 US Highway 6,PO Box 30 Sterling, Colorado 80751 (970)-522-1839 office (970)-522-2535 fax CERTIFIED MAIL RETURN RECEIPT REQUESTED • May 24,2001 • Mr. Delbert D. Castor 22199 Highway 39 Weldona, Colorado 80653 Re: Notice of Right-of-Way Weld County,Colorado Dear Mr. Castor: Walsh Production, Inc. is applying for a Nonexclusive License Agreement for the upgrade and maintenance of Weld County right-of-way, see attached land plat. This letter shall serve as a notice to the surface owner of lands adjacent to such Weld County right-of-way. If you have any questions or concerns please notify the Weld County Department of Public Works at 970-356-4000 ext 3750. • Sincerely, ,W AALS^H PRODUCTION,INC. NAA William M. Walsh President • SENaE': CaM'LETETHISSECTI�N CAM LETE THISSECTI.N •NDcLIVE•Y • Complete items 1,2,and 3.Also complete A. Rseg iAly lea Print - Date of Deliv= item 4 if Restricted Delivery is desired. 7f'� o L • Print your name and address on the reverse so that we can return the card to you. C. Signet • Attach this card to the back of the mailpiece, X Agent or on the front if space permits. = 0 Addressee D. Is delivery address.' : - t from item 1? 0 Yes 1. Article Addressed to: If YES,enter deli =ry address below: 0 No Mr. Delbert D. Castor 22199 Highway 39 Weldona, CO 80653 3. Service Type &Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Resblcted Delivery?(Extra Fee) 0 yes 2. Article Number(Copy from service label) 70 9 9 3?. 0 0009 IVSY3 0 79/ PS Form 3811,July 1999 Domestic Return Receipt 102595-o0-M-0952 Hello