1104
<br />Investigation #: 2001-207
<br />File WAh Document #: 15115
<br />Agent: DaIIoNG.Webb
<br />LICENSE AGREEMENT
<br />This LICENSE AGREEMENT ("License") is made this day of , 2005 by and between PUBLIC
<br />SERVICE COMPANY OF COLORADO, a Colorado Corporation hereinafter called "Licensor," and Platte
<br />Sand and Gravel hereinafter called "Licensee"
<br />RECITAL3
<br />A. Licensor is the owner of an easement or right-of-way for utility facilities (the `Premises'), and
<br />desires to protect the facilities located thereon and preserve the future use of said easement or
<br />right-of-way, which is more particularly described as follows:
<br />a. Crossing #1: SE '/. Sec 35, Township 4 North, Range 67 West
<br />b. Crossing #2: SE % Sec 35, Township 4 North, Range 67 West
<br />c. Crossing #3: SE %. Sec 26, Township 4 North, Range 67 West
<br />B. Licensee desires to place 3 road crossinos ("licensed facility") in, under, or along portions of the
<br />Premises as more particularly shown on Exhibit A, attached hereto and made a part hereof, and desires to
<br />obtain Licensor's permission therefore.
<br />AGREEMENT
<br />NOW, THEREFORE, in consideration of the foregoing, and for oUrer good and valuable consideration, the
<br />receipt and su~ciency of which is hereby acknowledged, Licensor hereby grants to Licensee, with respect
<br />to such interest as Licensor may have in the Premises, the authorization to construct, operate, maintain,
<br />repair, inspect, remove, and replace the licensed facility in, on, under, or along the Premises, subject to
<br />the following:
<br />(1) Licensor is the owner of a limited interest in the Premises. Licensee shall bear the sole
<br />obligation of obtaining from the fee title owner of the Premises or others owning proprietary interest in the
<br />Premises, such authority or rights as Licensee may need in addition to this license for Licensee's use of
<br />file Premises. Licensee agrees that any authorization granted herein is subject to Licensee obtaining
<br />such additional authorization.
<br />(2) Licensor intends to use the Premises for the construction, operation, maintenance, repair,
<br />replacement, and relocation of its utility facilities, and the righfs herein granted to Licensee for the use of
<br />lire Premises-are subject to the rights of Licensor to use the Premises for such purposes, which rights
<br />Licensor hereby expressly reserves.
<br />(3) Licensee shall contact the Utility Notification Center of Colorado (1-800-922-1987) for location
<br />of any underground uUlilies, at least two working days prior to the commencement of construction on the
<br />Premises. Further, if Licensor has constructed electric transmission facilities on the Premises, Licensee
<br />shall contact Licensors Electric Transmission Lines department at (303) 273-4669 al least four working
<br />days prior to the commencement of construction on the Premises. Al the discretion of Licensor's Electric
<br />Transmission Lines department, construction activities on the Premises shall be pertormed only when
<br />Licensor's representative Is present. The Instructlans of such representative relating to the protection of
<br />Licensors facilities will be followed by Licensee, and will be considered conditions of this authorization.
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