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Home My WebLink About20011713.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF PORTIONS OF WELD COUNTY ROADS 90, 121, 123, 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 Portions of Weld County Roads 90, 121, and 123 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 Portions of Weld County Road 90, 121, and 123 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 COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: gray 'I�`ti[i. IL/,A /! //.2z) M. J. Geile, Chair Weld County Clerk to 1e643:P 41-4 : •r'�,�!`�, �` / i r.. "`�� ♦I Glenn Vaad, ro-Tem Deputy Clerk to the William H. Jerke APPROVD AS RM: EXCUSED DATE OF SIGNING (AYE) WA Da E. Long ^ Robert D. Masden 2001-1713 EG0041 • ?Gel- NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this J?'5 day of Juw, , 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 the oil and gas property located in the NW/4SW/4 of 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 31 and 32, Sections 29 and 30, Sections 19 and 30 of Township 8 North, Range 58 West and Sections 19 and 24 of Township 8 North, Ranges 58/59 West, Weld County, Colorado and located as follows: starting at the intersection of Weld County Road 123 and Weld County Road 86, then north two miles on Weld County Road 123,then west one mile on Weld County Road 90 and then north one mile on Weld County Road 121 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. 1111111111111111111liii 1111111III 111111 III 111111111 IIII 2861964 06/29/2001 03:32P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO a191—/713 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: 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, 111111111111 11111111111 111111 IIII 111111 11111111 IIII 1111 89 4 06/29/2001 3 l County I CO ukamoto 2 of 4 R 0.00 D 0.00 Wedo • 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. 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. HBO 11111 1111111 IIII VIIII IVIED III 11111 IIII IIII 2861964 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, COLORADO /r�i/l �/s�r` ATTEST g/�/ 7� Clerk to the Board ir /r ra•SC By: ≤lo- 1:•i-._% &y� By: Deputy Clerk to t '� eci" '- `� M. J. Geile Chair %�r i\1 A'' ' ' (06/25/2001) WALSH PRODUCTION, INC. By: fViV \ftNiV\ ` William M. Walsh Title: President SUBSCRIBED AND SWORN to before me this o15`h' day of Mt , 2001 By W ci.licam. W • W WITNESS my hand and official seal ':+•• .. U6 a Notary Public JO..• '•Ivlyy Commission expires: tt A, A0 oc/ OO7 r • hi: On YjP Pr of I IRO 11111 NIMBI 111111 IIII IIIIII III 11111 it IIII 2861964 06/29/2001 03:32P JA Suki Tsukamoto 4 of 4 Ft 0.00 D 0.00 Weld County CO 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 PLIRUC WORKS DEPT May 24,2001 Mr. Donald Carroll Engineering Administrator WELD COUNTY DEPARTMENT OF PUBLIC WORKS 1111 I-1 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-Wm, • 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 Cliti) . „•# i v .i '�� 11� �i - i %/l "V i �.raj. e: -:r , I: `., ,i •:� ,' / ./:=. ""G..}' h••---- ,2,.7{ . d1' �r;:0 POW in )Sit \t":1 7 .----'• : *O) it f() . --:.4ts g to -7 , . II. " ' ' . ,i; ' : 1: '.\:._,•-,41\t") • /; / ll �"G, �' - I /1, ¢a• a 1. O j 1. >i- I L,- / i - ' " I 1 1 . , . :„ ill J, , ,, . )_____1>iI — I .- ,� n s_' \II,I O 0 _-__ — -.�_N_f C_.._.� 1- O �` �1��/ gi 1 // �jti —•A la,f ) c ., . ,id' s �/: I,� �l J�;�c_ -1 : .)-- _ y 7; • Y. t:' f (.i."i-" a " • ' -, - ,- ---* •--- -5„i,-. e=" ( lit i An/ ' , 11,:.17, • .. -Th WCR 121 1; ' ' �•' - • ----- - --rr""-- O._ %/ F. ', �,� % L' . Surface ! I \ • -4,) ,__, 1 - i ;U 1! - ,l-' tia�r -' j /�j ( Federal l l ��rli� , ; �� I - 7 I+ I( ,, line' c I - %: • I :r ,-,� //L1lit/ ''�'/ 1, s: �>� c,t _la j- 'J _`i 0 R$11-� L.1 f ,✓F. r I • I/ \ f / f ---f '..• - ', I/`� ''. �� Federal // ., ��( � „ L(0 lei te., ...7._.---r.f>/7 137. yfri.-., . (( �r _WCR123 _ 7 ' - ` -y a ( ,,1 •riv _. ic -.J i---\. ,-..._,_...1 .2).--„___ q -142.,. 1 ( .... _.., . (---t. ....„..7„..7 • , 1 .., i 1 ► E !�; I _�1 »art 7 RAYONIJMII ' 7.4. l,Ala m •2 Q T y 1a q 47 14 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 • Blaine L. and Lendyl J.Walker 45536 WCR 135 New Raymer, CO 80742 Re: Notice of Right-of-Way Weld County, Colorado Dear Blaine and Lendyl Walker: 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 970-3564000 ext 3750. • Sincerely, WALSH PRODUCTION,INC. William M. Walsh President C.M'LETE THIS SECTI•N •N •ELIVE• SEN•E': C•M•LETE THIS SECTI•N A Received b (Please Print Clearly) B. Date of Delivery cprnple■ Item te,it4�lka•2,and 3..Also complete - 1Ke (p-I -C7 � d Delivery is desired- •� @em 41f R C. Signature ❑Agent ■ Print your name and address on the reverse so that we can return the card to you. X Addressee • Attach this card to the back of the mailpiece, Yes or on the front if space pe rmits. D. Is delivery address different from Rem 17 If YES,enter delivery address below: 0 No 1 Article Addressed to: Blaine L. and Lendyl J. Walke 45536 WCR 135 New Raymer, CO 80742 3. Service Type E Wross Mail 0 Registered • Certified Mail 0 Return Receipt for Merchandise I2 0 Insured Mail 0 C.O.D.r-) 4. Restricted Delivery?(ExtraFee) 0 Yes Article Number(Copy from service later � O y<e" o 102595-00-M-0952 Jul 1999 Domestic Return Receipt Form 3811, Y a. 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 Patsy June Johnson 18630 Morgan County Road 11 Fort Morgan, CO 80701 Re: Notice of Right-of-Way Weld County,Colorado Dear Patsy Johnson: 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. 1,1\1\ AA vv\ William M. Walsh President • • $EN•E': C•M•LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N 'ELIVE•Y • Complete items 1,2,and 3.Also complete •eceived by(Please?Hat !early) B. Date of Delivery item 4 if Restricted Delivery is desired. /}1-S-L Q H / e•P-01 • Print your name and address on the reverse so that we can return the card to you. C. Slrn. • Attach this card to the back of the mailpiece, • Agent or on the front if space permits. ��A4!j •■ Addressee 1. Article Addressed to: D. Is delivery add :v!" from Rem 1? 0 Yes If YES,enter d very address below: 0 No Patsy June Johnson 18630 Morgan Cty Road IL Fort Morgan, CO 80701 3. Service Type ra Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 7099 3aao 0009 /'t5o 6557 PS Form 3811,July 1999 Domestic Return Receipt 102595-00PM-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 Sheila R.Niclanan Revocable Trust 27540 145 Road Kearney,NE 68845 Re: Notice of Right-of-Way Weld County, Colorado To Whom It May Concern: 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. \PM\ 19\1\ William M.Walsh President • • SENaE•: CaM'LETE THIS SECTIaN C•M•LETE THIS SECTION •N •ELIVE'Y • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date•f Delivery item 4 if Restricted Delivery is desired. EII-A- KM •, • Print your name and address on the reverse - so that we can return the card to you. C. Signa,,re• Attach this card to the back of the mailpiece, in Agent or on the front if space permits. 1-v-c�cr...r O Addressee D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No Sheila R. Nickman Revocable Trusi 27540 145 Road Kearney, NE 68845 3. Service Type (23 Certified Mail O Express Mail ❑ Registered O Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. ' , y 4. Restricted Delivery?(Extra Fee) O Yes ter. �j�f 10259500-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. John Oppenlander US FOREST SERVICE 660 O. Street Greeley, Colorado 80631 Re: Notice of Right-of-Way Weld County,Colorado Dear Mr. Oppenlanderi 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'LETETHISSECTI•N C•M'LETETHISSECTI•N •N 'ELlVE•V • 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. r • Print your name and address on the reverse so that we can return the card to you. C. Signature ■ Attach this card to the back of the mail piece,iece, X 0 Addre or on the front if space permits. "r', / Addressee D. Is delivery ddress different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No John Oppenlander U S FOREST SERVICE 660 0. Street Greeley, CO 80631 3. Service Type oil Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. j- 4. Restrldtedbelivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 'Io99r J�.Z.�D ono9 / SD G 510.5 PS Form 3811,July 1999 Domestic Return Receipt 10259!i-00-M-0952 Hello