HomeMy WebLinkAbout20101719 RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 25 AND AUTHORIZE CHAIR TO SIGN-LYLE AND
DIANNE HONSTEIN
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 25 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 Lyle and Dianne Honstein, 155 Wild Briar Lane, Loveland,
Colorado 80538, 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 25 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
Lyle and Dianne Honstein 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 28th day of July, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
.41 Rte* ELD COUNTY, COLORADO
ATTEST: ., ..� •_��
CAbr—
I-- Radema er, air
Weld County Clerk to the Boa`e Z
/ ® ,1C /bara Kirkmeyer, ro-Tem BY:Depu Clerk i• he Board
Sean P. o way
APP D A M: J
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Davi E. Long VVV
Date of signature: gi(I/10
2010-1719
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MEMORANDUM
WIND C
TO: Clerk to the Board DATE: July 22, 2010
COLORADO FROM: Heidi Hansen, Engineering, 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 Weld County
Road 25 with Dianne Honstein.
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2010-1719
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NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
ri
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this o2&day of
Si.\ , 2010, by and between WELD COUNTY, COLORADO, by and through the Board
of County Commissioners of Weld County, Colorado,whose address is 915 Tenth Street,Greeley,
Colorado 80632, as First Party, and Lyle E. and R. Dianne Honstein, as Second Party whose address is
155 Wild Briar Lane, Loveland, Colorado 80538.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at Lot B of RE-
5016 of Section 24, Township 7 North, Range 67 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 25 for a distance of
approximately 0.2 mile south of WCR 80 and located as follows: 30 feet of right-of-way between Section
24, Township 7 North, Range 67 West, and Section 19, Township 7 North, Range 66 West in the 6°i P.M.
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:
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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 I., 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.
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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.
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
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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
•
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ATTEST: c =i
Clerk to the Board 1861 $ t% _. I
1
By: � ii/L/. � �� . r.• ri.-y' �+4, By: - e� Q' �s-I—
Deputy C r '% I NI Ch r, Dou as Rademacher
JUL 2 8 2010
SECOND PARTY:
Lyle E.Honstein �t � R.Dianne Honstein
By: '� Z: tTZ7 4) By: - �
CZ /
SUBSCRIBED AND S.�W'ORN to before me this /3 day of 57+ ,2010,
By ly/P. P I✓r1/'C/PL>L 7 R O1/Ln Nortnit rc_, / l
WITNESS my hand and official seal: =P:C enpk;1,
pTARY'• 'y
PUBLIC r �Czy%SG`�(ri
aj�.,. 8= Nota ublic
RES
My commission expires: irf EXPI
,2014
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NONEXCLUSIVE LICENSE AGREE_VCF,NT FOR THE UPGRADE AND
_MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
-__30' R.O. Y. WCR 80
ANNEXED TO TOWN OF
SEVERANCE, CO
BK. 1638, PG. 1122
REC. NO. 2585771
RECORDED 12/23/1997
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' NOTE: RESERVATION FOR 60' RIGHT-OF-WAY (30" EACH SIDE OF
SECTION LINE) IS FROM COUNTY RESOLUTION DATED
OCTOBER 14, 1889 UNDER REC. NO. 34283 WELD COUNTY
RECORDS.
ROAD INFORMATION IS FROM COUNTY ROAD RECORDS KEPT AT THE GIS DEPARTMENT 1401 NO.
17TH AVE_, GREELEY, COLORADO.
f,PEP i A:,O B Y ez;k5E.P T .S Orel' S(„/x7!/ 4:77.r/Ai s-a
Applicant Lyle& Dianne Honstein RE-5016 Planner. Ogle
Legal Lot B, RE-3517; Part NE4 Section 24,T7N, R67W of the 6th P.M., Weld County,
Description: CO
Parcel ID#: 0705-24-1-00-035
MARCH,OLIVE & PHARRIS,LLC
J.BRADFORD MARCH ATTORNEYS AND COUNSELORS AT LAW ARTHUR E.MARCH
STEWART W.OLIVE 110 E.OAK STREET,SUITE 200 1908-1981
JOHN W.PHARRIS FORT COLLINS,CO 80524-2880 ARTHUR E. MARCH,JR.
(970)482-4322 1933-2005
FAX (970)482-5719
SARA K.STIEBF.N
July 20, 2010
Heidi Hansen
Weld County Public Works
1111 H Street
Greeley, CO 80631
Re: Lyle and Dianne Honstein
Recorded Exemption RE-5016
Dear Ms. Hansen:
Enclosed are the following items your office requested regarding the Honstein Recorded
Exemption:
1) A Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County
Right-of-Way signed by Lyle and Dianne Honstein.
2) Map prepared by Robert Short Surveying Services showing the right-of-way/easement.
The Map indicates that the Reservation for the right-of-way is from County Resolution Dated
October 14, 1889 under Reception No. 34283, Book 211, and Page 553.
3) A copy of the letter sent to the adjoining property owner and the returned receipt.
4) Our firm's check in the amount of$100 for your fees.
If you have questions or need further information regarding this matter, please contact our office.
Sincerely,
MARCH, OLIVE & PHA I , LLC
4/Clatrg-M
JBM:shh
Enclosures
MARCH,OLIVE & PHARRIS,LLC
ATTORNEYS AND COUNSELORS AT LAW ARTHUR E.MARCH
J.BRADFORD MARCH 110 E.OAK STREET,SUITE 200 1908-1981
STEWART W.OLIVE FORT COLLINS,CO 80524-2880 ARTHUR E.MARCH,JR.
JOHN W.PHARRIS (970)482-4322 1933-2005
FAX (970)482-5719
SARA K.STIEBEN
June 21, 2010
Brian L. Foss
Farm Operations Administrator, City of Thornton
111 S. 2nd Avenue
P.O. Box 128
Ault, Colorado 80619
Via Certified Mail, Return Receipt Requested
Re: Lyle and Dianne Honstein - Swanson Farm
Dear City of Thorton:
We represent Lyle and Dianne Honstein. This letter is to notify all property owners adjacent to
the Weld County section line right-of-way that we are requesting a Recorded Exemption for the
parcel number 070524100035, located in Section 24, Township 7 North, Range 67 West of the
6`t P.M. Weld County. When that is granted, an access road may be built within the right-of-
way to access the existing farm. The current plan for this parcel is that is will continue to be
farmed but the creation of a new parcel would allow for an additional residence in the future.
The reason for this notification is that the farm and/or residence may utilize the County section
line right-of-way (WCR 25), and Weld County Public Works requires that all adjacent
landowners be notified.
Please acknowledge that you have been notified of the potential residential/agriculture use and
plans for the land by signing and returning this letter. I have included a self-addressed, stamped
envelope for your convenience. Your signature on the certified mail receipt will also
acknowledge notification.
Sincerely yours,
'RCM, LIVE
PHARRIS, LLC
CYBrad March
JBM:shh
Acknowledgement of Notification:
By
(print name and title)
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete,items 1,2,and 3.Also complete A. Signature
item 4 If Restricted Delivery is desired. 0 Agent
• Print your name and address on the reverse
so that we can return the card to you. X '� � of
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• Attach this card to the back of the mailpiece, B. Received by(P^nfed666111ame1 of De've
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or on the front if space permits. Let..i.','LC-- K1/4-Z.CA
1. Article Addressed to: D. Is delivery address different from kern 1 ❑Y
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4. Restricted Delivery!(Extra Fee) ❑Yes
2. (Transfer from 7008 3230 0000 3822 9986
(Tiansler rrom service
PS Form 3811,February 2004 Domestic Return Receipt
102595-02-1A-1500
U.S. Postal Service,„
CERTIFIED MAIL,,., RECEIPT
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WELD COUNTY PUBLIC WORKS
CO
Weld County Public Works Dept. Phone: (970) 304-6496
1111 H Street S Fax: (970) 304-6497
P.O. Box 758 ,O , # co
Greeley, CO 80632 G i
9�r . WO
PAYMENT RECEIPT
Date: July 22, 2010
Permit#: NP10-00086
Permit Type: Miscellaneous
Applicant:
March, Olive & Pharris LLC
110 East Oak St Suite 200
Fort Collins, CO 80524
Amount Paid Payment Method Reference Number I Cashier
$100.00 Check 29959 JI MCAUDILL
Comments:
RE-5016, Honstein non-exclusive Lic Agr.
29959
BANK OF COLORADO 82-244/107O
MARCH,OLIVE,&PHARRIS,LLC
FT.COLLINS,CO 80525-3409 DATE
OPERATING ACCOUNT
110 EAST OAK STREET STE.200
FORT COLLINS,CO 80524 07/19/10 29959 AMOUNT
PH.970-482-4322
*******$100.00
*ONE HUNDRED AND 00/100 DOLLARS*
PAY
TO THE
ORDER Weld County Public Works
OF:
N
AUTHORIZED SIGNATURE
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