HomeMy WebLinkAbout20121496.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 81 AND AUTHORIZE CHAIR TO SIGN-FRED
WILL
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 81 Right-of-Way 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 Fred Will, 40008 County Road 74, Briggsdale,
Colorado 80611,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 81 Right-of-Way 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 Fred Will 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 18th day of June,A.D.,2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST:
Sean P Con Chair
Weld County Clerk to the Board
I�`7".. William F.Garcia,Pro-Tem
BY: ���9"Y1 Z,
Deputy Cle kkkk to the Boar. .v 9 CUSED
tritetviLlr7irkrirer
APP D AS TO •,r. ,r Q
,' oa,-'N. vid E.Long �J•Aoko my A or ey �o '
iougl:s Radem•cher
Date of signature: 7-/a/a
2012-1496
Q PU) EG0064
1-I3-1a
1861 MEMORANDUM
TO: Clerk to the Board DATE: June 13, 2012
G p U N 1 Y j/ FROM: Donald Carroll, Engineering Administrator
Public Works Department
SUBJECT: Agenda Item
Please submit this enclosed item for the Board's next agenda:
Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County
Right-of-Way with Fred W. Will to utilize Weld County Road 81 section line access
to his home site.
Enclosures
pc: Planning staff
M:\Don\AgendallonExclusiveLicAgrec docx
2012-1496
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this/,,d y of
UME , 20/i by and between WELD COUNTY, COLORADO, by and through the Board
of County Commissioners of Weld County, Colorado, whose address is 1150 O Street, Greeley, Colorado
80631, as First Party, and Fred W. Will, as Second Party whose address is
40008 County Road 74, Briggsdale CO 80611.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the S2 NE4/E2 SE 4
of Section 10, Township 6 North, Range 62 West of the 6th P.M. in Weld County, Colorado, and
WHEREAS,First Party is the owner of the right-of-way known as WCR 81 for a distance of one and
one-half(1'/z)miles south of WCR 74 and located as follows: 60'ROW between sections 2 and 3 and between
Sections 10 and 11, 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.
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 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:
3853481 Pages: 1 of 4
06/19/2012 11:44 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder Weld County, CO
■III w Ply l��rl�h:i* it MN,I CI ,lvh' t Bill
1
4G/ -i*'iZ
a. ROW shall be constructed and maintained as a graded and drained all-weather road. The
access width requirements for emergency equipment(fire department)are a minimum of 20
feet. Dust control may be required.
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.
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 Party, 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 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 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,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. 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 be required. Second
Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first
obtaining written consent to such assignment from First Party, which consent shall not be
unreasonably withheld.
3853481 Pages: 2 of 4
06/19/2012 11:44 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
LNit MCC 1 UI III
2
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 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 services or benefits under this Nonexclusive License
Agreement shall be an incidental beneficiary only.
11. There shall be a $150 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$100.00 fee for the Nonexclusive License Agreement.
13. A proposed use Access Permit Application form will be required. There may be a fee of$75.00 -
$150.00.
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.
3853481 Pages: 3 of 4
06/19/2012 11 :44 All R Fee:$0.00
Steve Moreno,kIr1 X11? �l���r�rtssSi
er Weld County, CO
■IIIk and Mt 10141rilnikiniLl l II III
3
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:
Clerk to e Board sat vCty �j�
�
By: l��i..�mss►.!:�%/+�,�
Deputy lerk 1 r Sean P. Conway ,Chair
JUN 18 2012
SECOND PARTY:Fred W.Will
NAME NAME
B : By:
SUBSCRIBED AND SWORN to before me this day of ,20 ,
By
WITNESS my hand and official seal
Notary Public
My commission expires:
M:\AGREEMENTS\Non-exclusive\2012\Fred W Will.docx
3853481 Pages: 4 of 4
06/19/2012 11:44 AM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County CO
1111 14 WIChiTl4I114: a 11111
4
a o/c'-' '2 6
O Co4/ I•oNEXC,L.US l\-)EL E LIC.f.I.Y7E C COI 7'//ai 5, ,,
��\• •y,\ Weld County Public Works Dept.
s
-4 1111 H Street ACCESS PERMIT
P.O. Box 758
-oc .6-,;.._. APPLICATION FORM
G� _>���� Greeley, CO 80632
(/C WO Phone: (970)304-6496
Fax: (970)304-6497
Applicant + Property Owner(If different than Applicant)
Name PREZ VI \J v J Name V2EA v-.► , ultc-L-
Company I Address 443-1°8 e-R z 4
Address 4000 8 C i 4 I City ERIu+tAS7'at✓� State Co Zip 300 li
city 139( State CC Zip EC6 ti Phone G10 (.,S(a 3i,o$Les
gusiaess Phone f7t) Coco .3(aI(p Fax
Fax E-mail
E-mail ♦=Existing Access 0=Proposed Access
Parcel Location &Sketch
The access is on WCR 74 -ro 8l ').L •
Nearest Intersection:WCR 74 &WCR g\ S•L . WCR 74 ,r
Distance from Intersection
Parcel Number 0'-7 tirl i o t o 0 0O 3
Section/Township/Range Io( fo I let_ 'I' 3 L., 2
Is there an existing access to the property? YES NO
N
Number of Existing Accesses 1. •
Road Surface Type&Construction Information •
WCR "['L
Asphalt_ Gravel )C Treated Other •
Culvert Size&Type •
Materials used to construct Access I I
Construction Start Date Finish Date 10 >� I
'
Proposed Use
o Temporary (Tracking Pad Required)/$75 o Single Residential/$75 o lndustrial/$150
❑ Small Commercial or Oil&Gas/$75 o Large Commercial/$150 ❑ Subdivision/$150
/Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? a No a USR 0 RE n PUD o Other 0o0JE(.L+C:
Required Attached Documents , 1LO F 6'
-Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right,& into the access)
By accepting this permit,the undersigned Applicant,under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant,if the Applicant is a corporation or other entity;and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions, all Weld County ordinances,and state laws
regarding facilities cons t9ction. 2
01O1Z,1 �( i 'J ' /�: 7j
Signature J✓ ' C� �,' ' Printed Name Y. Date
Approval or enial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
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SEN�E': C�M'LETETHISSECTI•N C•M LETE THISSECTI•N •N •ELIVE•Y
• Complete items 1,2,and 3.Also complete A. Slgnat i
p Age
item 4 if Restricted Delivery is desired. X G.4c/7e_ •rdd
• Print your name and address on the reverse
so that we can return the card to you. B. Received by(Printed Name) C. Date of`
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
JENNIFER CLARK
35883 COUNTY ROAD 81
BRIGGSDALE CO 80611
3. Service Type
)4 Certified Mail 0 Express Mail
❑Registered Retum Receipt for Mercl
❑Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Ye!
•
2. ArticletfUVr 3230 0000 0473 5718
(Transfer from service label)
PS Form 3811, February 2004
Domestic Return Receipt 102595-C
SEN�E': C�M'LETETHISSECTI•N C•M•LETETHISSECTI•N 'N .ELIVE'Y
• Complete items 1,2,and 3.Also complete A. Signet e •
ge
item 4 if Restricted Delivery Is desired. �Y Ye
0 Add
• Print your name and address on the reverse . .... •I t
so that we can return the card to you. B. R: -ived . (Printed Name) C. Date of C
• Attach this card to the back of the mailpiece, . $ ow“S
or on the front if space permits.
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
JACKIE PARKINSON
40120 COUNTY ROAD 74
BRIGGSDALE CO 80611
3. Service Type
jg(Certlfled Mail ❑Express Mall
❑Registered Xtg Return Receipt for Mercl
❑Insured Mall 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Ye!
2. Article Number 7008 3230 0000 0473 5688
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt
02595-0
SEN IE': C•M•LETE THIS SECTI•N C•M•LETE THIS SECTI ON •N •ELIVE•V
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. `- •
❑A9
• Print your name and address on the reverse X 0 Ad
so that we can return the card to you. B. Received b Printed N:me) C. Date of I
• Attach this card to the back of the mailpiece,
or on the front if space permits. lI r r A
1. Article Addressed to: D. Is dell'' address di -rent from item 1? 0 Ye:
If YES,enter delivery address below: ❑ No
WILLIAM G RUH
35484 COUNTY ROAD 83
BRIGGSDALE CO 80611
3. Service Type
)2 Certified Mail 0 Express Mail
❑Registered $}.'Retum Receipt for Mercl
0 Insured Mall ❑C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Ye:
2. Article Number 7008 3230 0000 0473 5695
(Transfer from service label) •
PS Form 3811, February 2004 Domestic Return Receipt 102595-c.
SEN�E•: C•M•LETETHISSECTUN C•M•LETETHISSECTUN•N •ELIVE•Y
• Complete items 1,2,and 3.Also complete A. Sign:
item 4 if Restricted Delivery is desired. �A4
• Print your name and address on the reverse { ,/, tA L. O Ad
so that we can return the card to you. B. :ved by 4 'nted Name) C. Date of I
• Attach this card to the back of the mailpiece,
or on the front if space permits. ' .. V 4 wets /Y^
D. Is deli : address different from aem 1? O Ye:
1. Article Addressed to: If YES,enter delivery address below: O No
GARY PARKER dry
35875 COUNTY ROAD 81
BRIGGSDALE CO 80611
3. Service Type
fCertlfled Mail O Express Mall
O Registered fietum Receipt for Mem
O Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) O Ye
2. Article Number 7008 3230 0000 0473 5725
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-C
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signa cLn
item 4 if Restricted Delivery is desired. , /.� of
• Print your name and address on the reverse GT/ 6�Ad
so that we can return the card to you. Received by(Printed Name) C. Date of
• Attach this card to the back of the mailpiece, J _ �d 4.14-E/' "/,7 y
or on the front If space permits.
-�-O'rr
D. Is delivery address different from item 1? ❑Ye'.
1. Article Addressed to: If YES,enter delivery address below: Nc
LEONARD WILL
39290 COUNTY ROAD 74
BRIGGSDALE CO 80611
3. Service Type
fCertifled Mall O Express Mail
❑Registered an Retum Receipt for Merc
❑Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) O Ye
2. Article Number 7008 3230 0000 0473 5701
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 1025954
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