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Home My WebLink About871299.tiff RESOLUTION RE: APPROVE LICENSE FOR THE UPGRADE AND MAINTENANCE OF RIGHT-OF-WAY BETWEEN WELD COUNTY AND BERENERGY CORPORATION AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home J N Rule Charter, is vested with the authority of administering the a. 0 affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a License for the Upgrade and Maintenance of Weld County Right-of-Way between Weld 0 County and Berenergy Corporation, and ut WHEREAS, said License concerns road right-of-way located in Pt al Section 5 , Township 8 North, Range 58 West of the 6th P.M. , Weld C o County, Colorado, and y 0 WHEREAS, the terms and conditions are as stated in saidoo License, a copy being attached hereto and incorporated herein by x m reference, and 0 ri0 WHEREAS, after review, the Board deems it advisable to approve said License. , co - NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the License for the ti Upgrade and Maintenance of Weld County Right-of-Way between Weld p County and Berenergy Corporation be, and hereby is , approved. MIA BE IT FURTHER RESOLVED by the Board that the Chairman be, and M0 • hereby is, authorized to sign said License. 0 r The above and foregoing Resolution was, on motion duly made G and seconded, adopted by the following vote on the 14th day of n October, A.D. , 1987. 0 3� . %" BOARD OF COUNTY COMMISSIONERS 0 o ATTEST: WELD COUN , COL DO Weld Co w�r� '4Et Recorder and Cle , r rd Go La , airman • iU�,p " C.W irby, Pro- em •eputy. •u y Clerk APPROVED AS TO FORM: ene R. Brantner EXCUSED Jacqueline Johns n ounty Attorney eilfllz Frank 'Yamaguchi ,CG O C(!t , ,. (7...e..; . .; 871299 LICENSE FOR THE.UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-HAY _ . THIS LICENSE, made and entered into this 27 day of August , A.D., 1987, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of . Weld County,. Colorado; 915 Tenth Street, Greeley, Colorado 80631, as First Party, and Berenergy Corporation whose address is 1801 California Street, Suite 39UU, Denver, ui,80202 as Second Party. WITNESSETH: • WHEREAS, Second Party is in need of access to certain mineral interests located in SW/4 Section 5, T8N, R58W, _ Wel , r u ty r iorado , and WHEREAS, First Party is the owner of a right-of-way on the Section Line between 1.980'FEL to 2040' FWL (1260' ) Section 5, T8N, R58W, Weld County, Colorado WHEREAS, said right-of-way is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and maintain said right-of-way. 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 license to upgrade and maintain the right-of-way owned by First Party located on the 2040 FWL1(1260g) Section 5 ' TBN, R58W, Weld County. Colorado The conditions by which Second Party may upgrade and maintain said right-of-way is as follows: 1. Second Party must place signs at the intersection of said right-of-way and Weld County Road AO , stating that Weld County does not currently maintain the right-of-way. Said sign must remain in place continuously and without interruption from the first day said right-of-way is upgraded and maintained by maintenance. Second Party shall give written notice of its intent to cease said upgrade and maintenance at least ninety (90) days prior to the date of cessation. • -1- 871299 2. Second ..rty must upgrade and maintain ..,e right-of-way in such a manner as prescribed by surface landowners to either side of said right-of-way. • 3. Second Party must upgrade and maintain the right-of-way. - at its own expense-and without the aid- or use of Weld County funds. . 4: First Party retains the right to revoke this license at any time for any reason. First Party shell give-Second Party written notice of its intent to revoke this license at least • -- ninety (90) days prior to the date of revocation. Such notice • shall be sent to Second Party by Certified Mail to his 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. 5. 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 rising by reason of the upgrade and maintenance of right-of-way. 6. 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; 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 First Party or on the part of any Third Party. 7. Second Party shall not assign any or all of its rights under this license without first obtaining written consent to such assignment from First Party. 8. First Party does not in any way warrant or guarantee its ownership of the right-of-way which is the subject matter of this license. It is mutually understood and agreed that this license 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: ATTEST: 1.77)9121.t.43�tJ WELD COUNTY, COLORADO, by and through the Board of County Weld County Clerk and Recorder Commissioners, of Weld County, and Clerk to the B d Colorado BY X snx-x.c • • BY: . - D7puty County erk . c Chairman 871299 ``P • John A. !Hooge, Berener Corporation SUBSCRIBED AND SWORN.to before me this 27th • day of August , 19 87 _- , by John A. -D'Hooge WITNESS my hand and officialseal. • Nota" Public Landa Niebur 14942 East Ohio Ave.. My commission expires: September 22, 1988 Aurora; Colorado 80012 SUBSCRIBED AND SWORN to before me this day of 19 WITNESS my hand and official seal. • Notary Public My commission expires: SUBSCRIBED AND SWORN to before me this day of . 19 • WITNESS my hand and official seal. Notary Public My commission expires: -3- 3'71299 WELD COUNTY ENGINEERING DEPARTMENT COUNTY ROAD ACCESS APPLICATION TO: ENGINEERING DEPARTMENT RETURNED TO: BUILDING INSPECTION DATE: DATE: BY: BY: APPLICANTS NAME Berenergy Corporation LOCATION Section 5, T8N, R58W, Weld County, Colorado COUNTY ROAD NO. AND/OR STREET N/A SUBDIVISION NAME LOT AND BLOCK NO. OF FEET FROM GIVEN POINT COMMISSIONER'S DISTRICT NO. PLANNING COMMISSION'S COMMENTS SKETCH OF ACCESS LOCATION — — — — — — — F•-SEC.t'lar4 WsUU Ce .i t •.4' ue Upon* IS.PL. I-S 3alexy,iou AO. is••S, 14 1� 11 L1GS�H'144`i Rave thimorrusc Vl Ital1246# raroa�hwo Lwre° "4."4 s Can TYPE AND MINIMUM SIZE OF"TUBE RECOMMENDED a &Mt4m% * (-♦_ _- ENGINEERING DEPARTMENT'S COMMENTS ALUMINUM PIPE NOT ACCEPTABLE FORM # 2 5/7/74 371299 BERENERGY ARV 1 a)RpoRATcN Suite 3900. 1901 California Street, Denver, Co. (303) 295-2323 Melting Addrsw: P.O. Box 5850. Denver, CO. 80217 August 27, 1987 Mr. Allen Miller Weld County Utility Inspector Department of Engineering Weld County P. 0. Box 758 Greeley, Colorado 80632 Re: Right of Way Application County Road Access Application Bringleson-Federal No. 1-5 Section 5, T8N, R58W Weld County, Colorado Dear Allen: Enclosed for your review and approval are the license for the upgrade and maintenance of Weld County Right of Way and a county road access application. The application covers approximately 1260 feet of road beyond the existing road maintained by Diversified Operating Company in this area. Should you require any other additional information concerning this matter, please contact me at the above address. ry trul rs, John . D'Hooge Divis on Engineer JADH:cll Enclosures cc: JRW JADH WF 571299 Aft 21511, LICENSE FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS LICENSE, made and entered into this 27 day of August , A.D., 1987, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, 915 Tenth Street, Greeley, Colorado 80631, as First Party, and Berenergy Corporation '-• I-' whose address is 1801 California Street, Suite 390U, Denver, 10,80202 s o as Second Party. M WITNESSETH: E n WHEREAS, Second Party is in need of access to certain mineral interests located in SW/4 Section 5, TON, R58W, z Weld County- Colorado , and IV c Co WHEREAS, First Party is the owner of a right-of-way on the Section Line between 1980'FEL to 2040' FWL (1260' ) Section 5, g o I-3 CO T8N, R58W, Weld County, Colorado Hr xal Aw r co WHEREAS, said right-of-way is currently not being maintained by First Party, and a WHEREAS, Second Party wishes to upgrade and maintain said o2 right-of-way. 0 � O�f NOW, THEREFORE, in consideration of the covenants contained t7 herein and the agreements of said Second Party to be performed o hereunder and upon the conditions herein stated, First Party does E o grant to Second Party, its successors and assigns, a license to C upgrade and maintain the right-of-way owned by First Party 0 located on the Section ling bg en 1980' FEL to 2040 FWL (1260 ) Section b, TBN, R58W, o Weld County. Colorado o 0a The conditions by which Second Party may upgrade and maintain said right-of-way is as follows: 1. Second Party must place signs at the intersection of said right-of-way. and Weld County Road iv/A , stating that Weld County does not currently maintain the right-of-way. Said sign must remain in place continuously and without interruption from the first day said right-of-way is upgraded and maintained by maintenance. Second Party shall give written notice of its intent to cease said upgrade and maintenance at least ninety (90) days prior to the date of cessation. 4i -1- 871299 2. Second Party must upgrade and maintain the right-of-way in such a manner as prescribed by surface landowners to either side of said right-of-way. 3. Second Party must upgrade and maintain the right-of-way at its own expense and without the aid or use of Weld County funds. M 4. First Party retains the right to revoke this license at r r any time for any reason. First Party shall give Second Party a c written notice of its intent to revoke this license at least w u, ninety (90) days prior to the date of revocation. Such notice �y shall be sent to Second Party by Certified Mail to his address written above or served upon Second Party in accordance with the w a 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. h] c' cif 5. Second Party shall indemnify and save harmless First o Party, its successors, assigns, employees, and agents from any o damage or loss sustained by them or any of them rising by reason y m of the upgrade and maintenance of right-of-way. h7 � H Z o' 6. Second Party agrees to protect First Party and save and rn co m hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly t, cause; Second Party hereby releases First Party, its successors, a assigns, employees, and agents from any and all claims and ° o damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of First Party or on nO the part of any Third Party. 6 to 7. Second Party shall not assign any or all of its rights W 0 under this license without first obtaining written consent to Moo such assignment from First Party. r C7 8. First Party does not in any way warrant or guarantee C N its ownership of the right-of-way which is the subject matter of this license. nO o It is mutually understood and agreed that this license 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 pw k n*+le through the Board of County and Recorder Commissioners, of Weld County, Colorado BY: �: . y ounty .. erk c hairman -2- 871299 S \—• John A. 'Hoo e, Berener Corporation SUBSCRIBED AND SWORN to before me this 27th day of August , 19 87 , by John A. D'Hooge . m o 'r iiict,`;W;TNESS my hand and official seal. • r r ee !}J�/��/J� Ja ill N ARr : . Nota Public Linda Ni : ; 14942 East Ohio Ave. ER �� ' o - 22, 1988 Aurora; Colorado 80012 K eti.1 commission expires: September o C OrCC r M rn ttlo SUBSCRIBED AND SWORN to before me this day of z o , 19 M o tl WITNESS my hand and official seal. • Z rn 0 03 t CO Notary Public X N a My commission expires: oo 2 2 6 . t4 to SUBSCRIBED AND SWORN to before me this day of 'U o 19 r 0 WITNESS my hand and official seal. 0 w 0 0 o Notary Public 0 ' My commission expires: -3- 571299 Hello