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Home My WebLink About20121123.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD CR 136 AND AUTHORIZE CHAIR TO SIGN - LEONARD AND JANYCE HARMS 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 136 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 Leonard and Janyce Harms, 52715 County Road 136, Pine Bluffs, Wyoming 82082, 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 136 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 Leonard and Janyce Harms, 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 30th day of April, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST< C �.� Sean P. Con -y? Chair Weld County Clerk to the Boa 7 Et 2 7• T m a .'. illia F. Garcia, ' o- BY: .J� �' it!N: as! 4 s �' • Deputy CI: -k to the Boar` . `f) Prrara Kirkmeyer �J / APP RM: � J cv � r David E. Long VI ounty Attorney �oci Gcs �—%—+' "[[ ouglj Rademac er Date of signature: a /.3 - k)') 2012-1123 j -� EG0066 MEMORANDUM C TO: Clerk to the Board DATE: April 23, 2012 COLORADO FROM: Heidi Hansen, Public Works SUBJECT: Agenda Item Please submit this enclosed item for the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of WCR 136 with Leonard & Janyce Harms located on WCR 136 for a distance of one mile east of WCR 129. pc: Michelle Martin, Planning M:AFrancieAAgendallonExclusiveLicAgree-Heidi.docx • 2012-1123 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this_, day of Al R L , 2012, 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 Leo/carol yJR-n)// (e /4--A-ems DQ ,as Second Party whose address is 6. 7/5 /.r ice 1 a 4 t 'vs. ECtcuo a 0 . pint 2- • WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the South 'h of Section 26 , Township 12 North, Range 58 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 136 for a distance of one mile 4- eAt of WCR 129 and located as follows: 30 feet of right-of-way along the south section line of Section 26, Township 12 North, Range 58 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: 1 3842573 Pages: 1 of 4 05/02/2012 01:34 PM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld ID! 'V�Yi l7I«f1'I�i4'h4RITl�I PW,'VW P CO Pi' A Ni'+t till /,.19—//9,3 a. ROW shall be constructed and maintained as a graded and drained all-weather road. 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. 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. 3842573 05/02/2012 01 '349 2 PM RFeeof: 00 Steve Moreno, Clerk and Recorder$0, Weld County, CO VIII YiU�'Ir�tili�.Ii�1 NCI �fiILPi4�ICY I IN+1 �I III 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. 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. 3842573 Pages: 3 of 4 05/02/2012 01:34 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ■III h1�iPTIVIONII4R16 «iii,WI IWiT DIM, 11111 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: 75� Clerk to the Board s,La` By: © 1 : 1%61 Depu erk '� Chair Sean P. Conway Fir A APR 3 0 2012 SECOND PARTY: NAME nn NAME I BY:6/-o e" (/1� By: %2474.- /?"4/ !YY�^� SUBSCRIBED AND SWORN to before me this ZJ'day of IP P(2-t '- , 2utE.L, 20) ?— By G-EoNNLO /4 /-M 4S ft,vr\ prociicelf-a s WITNESS my hand and official seal ; ow, A��,cuu-/ Notary Public ;titil My commission expires: r;.s,Aw.'�._NU® g'O6- 13 s.:. !jC LEON IA/. u,. SIEVERS /O4 3842573 Pages: 4 of 4 05/02/2012 01:34 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO VIII I .I1Y I V'I 'I t ' WII�G+4tGfi��111I II I &Iva-x/23 PROPOSED RECORDED EXEMPTION FOR LEONARD H . HARMS AND JANYCE HARMS R 58 W T PROPERTY OF LEONARD H. HARMS AND JANYCE HARMS 12 26 N FOUND MARKED q STONE •'•; w.c iV �• 'r 0 f, �, n 1 CJ.",.a.~ •'�R SCALE: 1 = 1000 '�. F u . c ti t It: U.S. SURVEY FEET 1000 500 0 1000 SCALE IN FEET 3070' D�f C•J'13 LOT B �o m 77.52 ACRES n 04 kagv, 1859 ✓ FOUND MARKED STONE WCR LOT A 1 36 2.50 ACRES . - ..aut._ . _. 2 � t ‘it a-a k* It ' 7 r' KONIG INVESTMENTS LLC BAILEY SHERRY N TRUSTEE U S t USA I. 4 COLGAN DAVID J r•, - Il,, •,,. 'N-a' y ` - t r a Air. e, i U S ! t- USA COLGANDAVIDJ USA -' ' { a: ! ' R HARMS LEONARD H - - - - tejgt... - -- r , $s••) �tti . -.` . . - :41 . 44 stet 44 DRAKE DAVID T BOURLIER JOSEPH.I HA AS LEONA' 1. �. y I�: Y� sue- tort; 4. at+�P* . p♦ , J tt ,.s-, . _ �" w 4+' t-. flo r-;.• - - •.t "kr 1 41. ,1" ;,, Ay 1' - BOURLIER ANTONIA C 0 & M HARMS LLC 2;* -�'' ncti KLINGINSMITH LARRY K ti k X BOURLIER ANTONIA C BOURLIER JOSEPHINE A i r F • JOSKA ANTON P O & M HARMS LLC 4t JOSKA ANTC «, w _. ` r r• _ " 4A. Atter KLINGINSMITH LARRY K snit� DEAN EILEEN LOJISE _ • HARMS JANYC . . _ _ FAIDLE9 FARMS LLC _ %HEFFLER GARY L Surrounding Property Owners to Notify: Antonia Bourlier 504 Cedar St Kimball, NE 69145 U.S. Postal Service RECEIPT Insurance CERTIFIED Coverage Provided) No Insu ru (Domestic Mail Only; site at www.us•s.e•me • • • F,r •ellvery inl•rmetin visitur we• • KIMBALL 11 64145 A Postage b $0.45 0860 r` Postmark C] Certified Fee 03 Here Return Receipt Fee $2.35 (Endorsement Required) Delivery Fee 30.00 Cl Restricted Required) (Endorsement Req $ $5.75 04/05/2012 43 ra Total Postage&Fees Sent a 1/gyp N1,1 1 al ft.__--------------A................................ co ......-.t.No.: O greet.bv" ?it! 0 or Poe to No. .. 1<2 . 10 r -clk-S-�a:zia,'a lI Seeeverscl rinsUucti ns PS F rm:11 No ust 2^. Name c lLct' Hcu Ms Case #i RECX12-0008 CR Location: CR136 $ of CR129 Non-exclusive License Agreement $ 100.00 Fabrication and Installation of Cross Road Sign (blue & white) $ 150.00 TOTAL DUE $ 2,50`=- App,—ootsil NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL X Documentation of Proof of Right-of-Way (Title Co./GIS Dept.) or document of an easement shall be provided to the Department of Public Works. -Right of Way was Patented in 1913 l� One (1) copy of Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way. This document shall be signed and sealed by a Colorado Notary Public. X An 81" x 1 1 " inch map, drawn, indicating type of right-of-way/easement; whether it is dedicated, private, or deeded to provide adequate access to the parcel. -Will use the map associated with RECX12-0008 The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. X The applicant shall complete a Weld County Road Access Permit Application. The above information shall be submitted to Weld County Department of Public Works. When the above checklist is complete Public Works will send the information to Clerk to the Board for hearing date. Hearings are held on Wednesdays at 9:00 a.m. Location: Weld County Administration Building, 1 150 "O" Street, Greeley, CO 80631 WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H STREET PO BOX 758 GREELEY CO 80632 WELD COUNTY PUBLIC WORKS 1111 H Street C Phone: (970) 304-6496 P.O. Box 758 3 Fax: (970) 304-6497 Greeley, CO 80632 N</C W9 PAYMENT RECEIPT Permit#: NP12-00071 Permit Type: Miscellaneous Applicant: Leonard & Harmes 52715 WCR 136 Pine Bluffs, WY 82082 Date Amount Paid Pmt Method Reference# Cashier 04/23/2012 $250.00 Check 7880 ECOLLINS Comments: NonExclusive License Agreement& Sign installation Total Payments: $250.00 Balance Due: $ 0.00 Thank You! Report ID: WC00001v002 Page 1 of 1 Print Date-Time: 4/23/2012 9:51:30AM INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEP M�EyNT P.O. BOX 758 4"w W 1 erg GREELEY,CO 80632 pit-- Date 8/11/11 970-356-4000,EXT.3750 bit la o 0 0,7 1 f268 Applicant/Owner Email Address / eo/Gard J TAN yg9 14erry IJ/Tht/ee i nzs® CJ,Ninrs-el,eMr Street Address 527 /5 klce /34 /pity State Zip Phone Number Fax Number tw. attito 80a 2, 970-s95- 3399 974- `- 3399 Cas # ithVubdivision/Case Name fKe e x )2- acme Lot(s) Block(s) Section z b Township Range so/-1N Area In Acres Existing Zoning Existing Use of Property #of Proposed Lots Lot D-proposed PUD .1 g2 agricultural Cito (ry tom) (' a .t QTY DESCRIPTION UNIT PRICE TOTAL Development Construction Permit(Subdivisions) ❑ Dwelling units $150/lot ❑ Non-Dwelling Units $750/lot Offsite Road Agreement/Haul Route Agreement Review $500 Flood Hazard Development Permit $180 Storm Water Review $180 Geologic Hazard Permit $180 I Non-exclusive License Agreement $100 100.00 1 Fabrication and Installation of Cross Road Signs(Blue&white) $150 150.00 TOTAL DUE 250.00 Reviewed by: Title: Date: ❑ Cash o Check# o Money Order# By Date C-\Users\Owner\AppData\LocaMticrosof\Windows\Temporary Internet hies\Content Outlook\Y3KT6UG4\INVOICE(4)_doe Hello