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Home My WebLink About20141268.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 62 SECTION LINE ACCESS AT COUNTY ROAD 89 AND AUTHORIZE CHAIR TO SIGN - BILL BARRETT CORPORATION 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 the Upgrade and Maintenance of County Road 62 Section Line Access at County Road 89 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 Bill Barrett Corporation, 1099 18th Street, Suite 2300, Denver, Colorado 80202, 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 the Upgrade and Maintenance of County Road 62 Section Line Access at County Road 89 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 Bill Barrett Corporation 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 23rd day of April, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d.itAK/ � lc.> iC� iee< Do Rademach r, Chair Weld County Clerk to the Bo 7,Za% / ��.v �0 /L!lu r • �.:�., -rbara Kirkme er, Pro-T¢m BY: Dep t ) lerk to the Boar i Now �� U~ eaan�P. Conway 1 AP My ORM: Mike Fr a ounty Attorney Cl C / William F. Garcia Date of signature: 5/5114 c_c_.. Pu3(g-4i ') €-) PLOX.IMm, * witti 91x3 5112- 2014-1268 r EG0070 MEMORANDUM TO: Clerk to the Board DATE: 4/17/2014 FROM: Richard Hastings, Public Works Department Vj SUBJECT: BOCC Agenda Item: Non-Exclusive License G O� j Agreement: Bill Barrett Corporation (CR's 62 & 89 O&G Road) Request for approval of Non-Exclusive License Agreement: Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Bill Barrett Corporation to utilize Weld County Road 62 Section Line Access on WCR 62 Section Line at CR 89, for a distance of 2.06 miles to access their Oil and Gas Facility. Recommendation: Weld County Public Works Department performed a site inspection, at the above mentioned location, and observed that an existing Oil & Gas access road is already in operation and is being properly maintained. All required documentation has been provided by the applicant. The Department of Public Works recommends approval of this Non-Exclusive License Agreement. Enclosures pc: Elizabeth Relford,Weld County Public Works 2014-1268 Michelle Martin,Weld County Plannng Services M VAGREEMENTS\Non-exclusive A2014\NLAI4-02 Bill Barrett CR 62&89A2014 Non-Exclusive License Agreement#2-Bill Barrett Corp(CR's 62&89)-MEMO.docx 1 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY • THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 1 8day of March • March , 201 4 by and between WELD COUNTY,COLORADO, by and through the Board of County Commissioners of \Veld County, Colorado, whose address is 1 1 0 O Street, Greeley,Colorado 80631, as First Party, and Bill Barrett Corporation as Second Party whose address is 1099 18th Sfreet, Suite 2300 Denver, Colorado 80202. . WITNESSETH: WHEREAS, Second Parry desires to more effectively access property located at the West side of of Section 34 ,Township 6 North, Range 6211'est of the 6* P.M. in Weld County, Colorado, and WHEREAS,First Part'is the owner of the right-of-tray known as WCR 62 for a distance of 10,860 feet west of \VCR89 and located as follows 72 of sec. 32&31-6N-61 W, N/2 sec. 5&6-'51I_61W and 300' into 36-6N-62W & 1-5.N-62W between Sections 32-6N-61W and 36,Township 6 North,Range 62 West, 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. NOV,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 Parry shall have the duty of informing First Party of Second Pam•'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: 1 4014430 Pages: 1 of 4 05/07/2014 10:56 AM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County, CO . 01q-m&? a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements Or emcroeney equipment (fire department) area minimum of20 feel. h. lithe installation of a cross culvert is required through an existing drainage pattern or ditch; Second Party shall be responsible to supply and install such culh en. which shall he inspected by First Carty to ei save adequacy of cap cite. strength. and length. Second Party shall he respon_ ble to maintain the cu l\ a 'r niter its installation including periodically cleaning the same. C. lithe 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 he responsible to maintain the cattle guard after its installation. including periodically cleaning the same. d. Ibis Norexclusite I icensc A grcumenl roes nor _rant the riglu to nate or :once ROW for private use. but is intended to provide access to private property. e. Prior to commending work within the ROW. Second Party shall. through the services of a licensed registered surveyor hired and paid for by Second Paris, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party. including those items set forth in Paragraph i above. or any other requirements menrs 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 Fits( 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 negli enee with respect to the upgrade and maintenance of the ROW. Except for the negligence Cr 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.employ yes and agents born any and all claims and damages of w hat lever character to property owned b Second Par tv rearming from any act either on the part of the First Pam, or on the parr of an third pare_ 6. Other than assignments in connection with the mortgage or sale of all or substantially all of the Second Party's assets or equity interests in Second Party, for which no consent shall he required. Second Party shall not assign any or all of its rights under this Nonexclusitc License Agreement without first obtaining written consent to such assignment from First Party. which consent shall nut be unreasonably withheld. 4014430 Pages: 2 of 4 05/07/2014 10:56 AM R Fee:$0.00 Steve Moreno. Clerk and RecorderJ..� WUeld County. LCO W ` �IIIMiralltr IV?114Y'141«It0,Yl'Plr�IYI��Yyt'r'1rr:ivft �l111 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. 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 panics 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 i 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. 11. There shall be a SI 50 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place,the fee may be waived. 12. There shall be a 8100.00 fee for the Nonexclusive License Agreement. 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. 3 4014430 Pages: 3 of 4 05/07/2014 10:56 R11 R Fee.$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO IIII M!�1RV,IIntiilea *1114)1'4 :,��lia!'E'lUillIi uI III 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 ATTEST: dial/0v• "�- t.tiC. Clerk to the Board 7.4 By: _1.1 / , Qt, k pk2rayteet./ Deputy Clerk :r� ��L las adentac er , Chair APR 2 3 2014 Ito t;;�t,Itc? SECOND PARTY: �, NAME NAME By: MiaAgnew _ Vice PteSidenl-Land SUBSCRIBED AND WORN to before me thise/,t day oft_ , 20// By &Moto f WITNESS my hand and official seal � Notary Public CHERYL D MATIKA My commission expires: NOTARY PURL IC STRIS OF COLORADO LM C r _ _`�eWE__ .=,t 05201 NtVAGREENIENTSVNen-eXdusirevAGREE:b1EVT FORM do: 4 4014430 Pages: 4 of 4 05/07/2014 10:56 RM R Fee:$0.00 Steve IrA Wkoreno, 'IATIfnirl��idl i ILIrK+Ir�i dL�h1111111 l2l0g • i -iblir4I n.,,•1-11%.1 ii ♦/ � ^ r .X• w = r. p. T-.:1-.d 1 lat + ✓ y,`. /� I t ,.. •F-. lx. r .. A L a L. '♦,,,�tfrA .7 2- • r • 2014 Non -Exclusive License Agreement #2II: ~„ KRIR MICHAEL g Bill Barrett Corp . ( CR's 62 & 89 O&G Road ) �. — --- - --- -*II • -c • :Cr - "%4''' � - - _ . .. 'y r'' •4: P • ' - rte►" - �i.Y - • ' `' ''• -� - �= BROYLES DOROTHY EL & S CAPITAL 4LTD''. - . +„ .•K Y• , . t, 4 r' • '1 TUNA ADA ,., ' .:'p^Ys" L & S CA• - . r'' -a ' ' " V , .n • L.& S CAPITAL LTD l BRUTEIG TODD . . '� r di ! •a,. / al. } K' • y' L & S CAPITAL LTD tft ', : Yj ;�' 1<lie ;{ .�J't„ 9 7# �� ,Q t .,. • ,at'f tt KRIEFk MICHAEL CKARD DOROT y . err r, r'sr A LANTZ ERIC R? le '� . -4. . . . ,. ,. -'P ✓ 'w• J PEARSON STEPHEN LANE 1/2 tNT if • I "✓ Fbs' f --• . •� ' w • y L : ¶ITALLTD ,.n : . ': %. } • .' tip'' CR 62 Section Line Access from CR 89 (Distance = 2 . 06 Miles) i... k,Ita 4 • S. Opplii -Ar 4 <-i .i. ■ ■ . ■ ■ . ■ ■ ■ ■ ■ E E ■ M I♦ ■ M ■ N E ■ I♦ I■ ■ I■ ■ M � ■ I♦ I♦ ■ ■ ■ ■ ■, ■ ■ ■ ■ ■ .. :ea* .r� L � a. ! I i $,./ t la J < < . ''. r ' . ter - . Iy4 - 1I I j) •I� _ , '•` • ( - `.. .., '�(.• .. 1 'SAY' t 4r 'J • I.l �♦, ,� •` I_ 'a. �:. t_r a • 1.. 'i,. LORADO $TAT' • W. (,, . : II , . ,� %' - �` f . , 4 --41,444° i r - - • 1; - . • • ,.. _, d y a tv re, ., . CR 89 . ,, . , ., . ,.., , „ ,,,,,,...til 4� e r 1 '.1kri# , • -4,__---- : N7 t 4- y `1 is .R 11 1 {1 ( .- �' t+ , t , + y'• �.. s 1 ' _ y ¢ •� • r (, ..tf�-J Il ,! y}• �"• -4I,1µ :n__ -r. ar.:• - i •, 1 N e t�t r •F .. r ~•. rib .4 - -.° `• •r"..• ',•4%.,*4 ; , -. • )LORADO STATE O • L & APITAL LTD J • - j1 '3;' I R \4 ,. ... ..,. _ . , ..- , . , . 4 -,,-, --‘t JJJIII • . , r .. 1F I • Y • I r • r l • :1' d —Legend u0❑ n all 4143 45 Y a a n n n r , wl nr ru m ue w 140+0 1 r aY 31 f 46 ❑ b " n n • a •• '0a 113 121 1„ ur;4,,n Paved a. GROVER : '2412 , ulna 7 • • nI w 'w 2124 "•' 1Y„ WO ' NUNN I 1M. -/ Gravel as "PIE RrE N OIJ NEW,RAYMER a AUL,P.:.......y.� ..�....... ..�= r .�o �„ is-- 186�1 r• SEATO y• . 1a 1u u. t► vouar• ' �' 1 Arterial Service WINDSOR d 10o 211.1 1a 13141 lie 101 If I r y` GREECEY .vm C IN el ar ,MI -A�KERSEY 7 i 2 Local Service y, i Pr •MEAD' LA SALLE '`•••••••; - N 0 725 1 ,450 o u NI Y 3 Half and Half N� ONT ,,.��'0 m �I�' ai 014 I a r''` A IE ..s L9 SON 1p1Q �y_ E D0NOr of sM II v' n 0 43 Feet Parcels ,t-3.- 4141 yrr •1 D o . 17 t . 31 32 • F 30 29 O C ci 5 U n J County Road Weld Road Right of Way Vacated County Road Usage TO6N 6 N R 61 W Wagon Trail This product has been developed solery for internal use only by Weld County The GIS database and data in the product is subject to constant change and the accuracy and completeness cannot be and is Subdiv/RE/Future Road not guaranteed The designation of lots or parcels or land uses in the data base does not imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL Private Road/Crossing DESIGN PURPOSES WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS.ACCURACY, OR State Highway CORRECTNESS Of SUCH PRODUCT. NOR ACCEPTS ANY LIABILITY.ARISING FROM ANY INCORRECT. INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN No part of the product may be copied, reproduced or transmitted in any form or by any Resolution 1889 means whatsoever, including, but not limited to. electronic. mechanical, photocopying, recording. scanning, or by any information retneval system or any non-approved purpose without the express wntten consent of Weld County ® Bill Barrett Corporation April 3, 2014 Mr. Don Carroll Weld County Public Works Dept. 1111 H Street P.O. Box 758 Greeley, CO 80632 RE: Non-Exclusive License Agreement Application WCR 62 west of WCR 89 Dear Mr. Carroll: Attached is the application of Bill Barrett Corporation ("BBC")for a Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way covering approximately 10,860 feet of right- of-way on WCR 62 extending westward from its junction with WCR 89. This application covers an existing road that services the adjacent land owners and the oil and gas facilities of several operators. BBC has identified this route as the best possible route to its proposed development in Section 34-6N-62W. This route avoids using WCR 79-3/4 for their access to the north onto WCR 68. Please advise if you require further information or if you have any questions. Upon determination of completeness, we request the earliest possible hearing with the Board of County Commissioners. Please do not hesitate to call me at(970) 230-0924. Thank you for your assistance, BILL BARRETT CORPORATION li 1444C/ Jeff Fandrich /jkf 6513 WEST 4TH ST. GREELEY, CO 80634 P 970.353.0407 F 970.353.0691 Hello