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Home My WebLink About930236.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT FOR USE OF WELD COUNTY ROAD RIGHT-OF-WAY WITH SNYDER OIL 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 Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a License Agreement for Use of Weld County Road Right-of-Way between Weld County, Colorado, and Snyder Oil Corporation, with the terms and conditions being as stated in said agreement, and WHEREAS, said agreement concerns property located in the SE4 of Section 35, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, 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 License Agreement for Use of Weld County Road Right- of-Way between Weld County, Colorado, and Snyder Oil Corporation be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 15th day of March, A.D. , 1993. �r� fw . �,�� . BOARD OF COUNTY COMMISSIONERS ATTEST: J'' ' lip y"� � 7 WELD COUNTY, COLORADO Weld County Clerk to tthhg,Board EXCUSED ///�� //J/_ Constance L. Harbert, Chairman 1ylpmtl BY: pilepu-t�y �HZC/�/to the hr. W. I ,Web P if /O m APPROVED AS 0 FORM: ( i �xi<t eorge . Baxt r County Attorney Dale LC K. Hall y(4_ I Yi 0( �(/1 Barbara J. Kirkmey r 930236 E(17bb3A n, . aAle8). .cru.Mfth.; EG AR232579? LICENSE AGREEMENT FOR THE USE OF WELD COUNTY ROAD RIGHT-OF-WAY THIS LICENSE AGREEMENT is made and entered into this J5 day of LI31ELA ( , A.D. , 1993, 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 SNYDER OIL CORPORATION, whose address is 3939 Soco Parkway, Evans, Colorado 80620, as Second Party. WITNESSETH: WHEREAS, Second Party desires to use certain property located in the Southeast Quarter of Section 35, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, First Party is the owner of a road right-of-way located as follows : the east 30 feet of Section 35, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, extending north from the south section line of said Section 35 approximately 295 . 16 feet, and WHEREAS, said road right-of-way is currently not being maintained by First Party, and WHEREAS, Second Party wishes to use portions of said road 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 use the road right-of-way owned by First Party located as follows : the east 30 feet of Section 35, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, extending north from the south section line of said Section 35 for approximately 295 . 16 feet. The conditions by which Second Party may use said road right- of-way are as follows : 1 . Second Party may use said road right-of-way in a manner which will be consistent with and in compliance with all ordinances, rules, and regulations of Weld County, Colorado. 2 . Second Party must remove, at its sole expense, any and all improvements which it may construct within said road right-of-way upon revocation of this License Agreement by First Party as provided for in paragraph 4, below. Page 1 of 3 Pages B 1374 REC 02325747 03/19/93 16 :04 $0.00 1/004 F 1487 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930236 EGG033, 3 . Any use by Second party of said road right-of-way must be at its own expense and without the aid or use of Weld County funds . 4 . First Party retains the right to revoke this License Agreement at any time for any reason. First Party shall give Second Party written notice of its intent to revoke this License Agreement at least ninety (90) days prior to the 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. 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 use of said road right-of-way by Second Party. 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 use 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 Agreement 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 road right-of-way which is the subject matter of this License Agreement. It is mutually understood and agreed that this License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns . Page 2 of 3 Pages B 1374 REC 02325747 03/19/93 16 :04 $0 .00 2/004 F 1488 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO o^' EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: ATTEST: WELD COUNTY, COLORADO, by and through the Board of County Clerk to the 'Board Commissioners of Weld County, of CountyCCommissippers Colorado of Weld County, Co,lrgpado By: ``., By: ,iYit epu y 3Ork\ o the Boar, W. H. WEBSTER Cdr PRO-TEM ' %, tt""ttttSECOND PARTY: a4L C f *Vag C SNYDER RPO: ION rift•8 1l' e ,! A . A�Q.ti� By: u/w i ,..,.f f 5s,A5't Au': , Secretary H. Richard Pat , Vice President t UBSCRIBED AND SWORN to efore me this /-�7A._ day of ��(�2 , 19 Q . WITNESS my hand and official seal . Notary 61Q 915 10th S . , ley. , CO 80631 My commission expires : .... f14Com:id. Evs,ia'nnry1Q1995 Iasnyder.aj¢` ' Page 3 of 3 Pages B 1374 REC 02325747 03/19/93 16 :04 $0 .00 3/004 F 1489 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920236 STATE OF COLORADO ) ) ss COUNTY OF 7;1O4 V E2 ) On this day o 1993, before me personally appeared H. Richard Pate, to me personally known, who, being by me duly sworn, did say that he is the Vice President of SNYDER OIL CORPORATION, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said H. Richard Pate acknowledged said instrument to be the free act and deed of said corporation. WITNESS my hand and official seal. F. 1,... J t ' �, % / Q111pyv rQ .,bY oa ' "J "•_" '�,,y.p-�'� „ Not Public ]1 :-edmssion Expires: -96 B 1374 REC 02325747 03/19/93 16 :04 $0 .00 4/004 F 1490 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920?3S r I SW ! - .r'. rr Snyder Oil Corporation 3939 SOCO Parkway l,Lf_ Evans,Colorado 80620 December 16, 1992 (303)330-2200 (303)442-6025 Board of County Commissioners Weld County, Colorado P. O. Box 758 Greeley, CO 80632 RE: Request to Vacate Road Right-of-Way SE/4-35-T4N-R66W Weld County, Colorado Dear Board Members: Snyder Oil Corporation is currently in the process of applying for a Use By Special Review Permit as well as a Recorded Exemption for a tract of land located in the southeast corner of the above captioned lands. During this process, the survey crew found that Weld County Road 35, as it now exists, is east of the 30 foot County Road Right-of-Way. (See attached maps) Information pertaining to the 30 foot County Road Right-of-Way was obtained from Weld County Attorney Bruce Barker. The land in the Road Right-of-Way has been in use by Snyder Oil Corporation since April 25, 1984 and most likely by its preceding owners since WCR 35 has been located as it now exists. There is also apparently an Associated Natural Gas, Inc. Block Valve within the Road Right-of- Way. Pursuant to my conversation with Bruce Barker on December 14 , 1992 , Bruce advised me to contact the board in regards to a request to have the County Road Right-of-Way adjunct to the east property line vacated. It is, therefore, Snyder Oil Corporation's desire to have the Board of County Commissioners take under consideration our request for the vacation of the Road Right-of-Way previously described. Thank you for your consideration. Sincerely, Snyder Oill Corporation Danny . Nelson itj Consulting Landman DHN:tjf Enclosures 532O • "8 . 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