HomeMy WebLinkAbout20090678.tiffRESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 6 AND AUTHORIZE CHAIR TO SIGN - VICTOR
AND KAREN ANDROVICH
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 6 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 Victor and Karen Androvich, 24639 County Road 6, Hudson,
Colorado 80642, 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 6 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
Victor and Karen Androvich 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 March, A.D., 2009.
ATTEST:
WelCounty Clerk to th
BY.
Deo the Boa
APPROVED AS TO -FORM:
County Attorney
Date of signature.
COMMISSIONERS
ULORADO
Wil iam F. Garcia, Chair
cfCew n* -t —
Douglas a•ema.her, Pro -Tern
Sea P. Conway
(4( /�frL)
2009-0678
EG0060
64-( 3--01
MEMORANDUM
TO: Clerk to the Board DATE: March 10, 2009
FROM: Janet Carter, Public Works
SUBJECT: Agenda Item
Non -Exclusive License Agreement with Victor and Karen Androvich.
Please put this item on the March 23, 2009, agenda.
2009-0678
393
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
ate
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this&3 day of
, 2009, 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 Victor & Karen Androvich, as Second Party whose address is 24639
WCR 6, Hudson, Colorado, 80642.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the SW '/ of Section
19, Township 01 North, Range 64West of the 6th P.M. in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 6 for a distance of+ 2,500 feet west
of the SE ''A section line and located as follows: 30 feet of right-of-way on the south line of Section 19,
Township 01 North, Range 64 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
1111111 11111 111111 11111 111111 III 1111111 111 11111 1111 IIII
3615393 04/08/2009 12:45P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
0-2Ca 9- 6 78
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.
2
I IIIII 11111 IIIII 111111 III 11111II III IIIII IIII IIII
3615393 04/08/2009 12:45P Weld County, CO
2 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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.
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
1111111 11111111111 11111111111 III 1111111 III 11111 IIII IIII
3615393 04/08/2009 12:45P Weld County, CO
3 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY, COLORADO �` through the BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLO
ATTEST:
Clerk to the Board
By:
12,7
By:
Deputy f -rk William F. GarciaChair
SECOND PARTY:
NAME
BY: �� LlM/P 9°-LIcA/
NAME
MAR 2 3 7009
By: 7"Ga-tc, a 7-7Eit/
SUBSCRIBED A34D SWORN to before me this 1/44‘ day of
By DcwC c l C.c c3 r e c
t 66rCh
WITNESS my hand and official seal
My commission expires:
L/Luz o/ 3
M1AGREEMENTS\Noncxclusive\2009\Androvich Agreement.doc
111111111111111111Ilil111111ill 1111111III Hill ECU
3615393 04/08/2009 12:45P Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
, 2009,
UME btOSGROVE
NOTARY PUBLIC
STATE OF COLORADO
4
My Commission Expires 02/04/2013
<7it-Olc;%J2
1N3r133)DV 3SN3311Lf 19
600Z 151 '833
09f 1-699-90f
10909 03 N01H3168
3nN3nv 445 Hinos L9Z
runs r
SY'JIII°n' a
i
'lvld A3ANf1S 0NVI V ION SI SIHl
'A1N3d0dd H31A0N0NV 3H1 01 0NV NO AVM -AO -11O8
0V021 3118nd 3H1 131d30 01 SI dVYI SIHI JO 3S0d8f1d 3H1
I S OVOcJ
W
h
)sue r m ua
£1? 30Yd 98 9008
(310N 335) 'M'0'N avow .0£
al• WO BM IMO
O
0
0
O
0
U,
0
I
sgs
c
3
W
0
z
W
W
v"' I N
341 I 00
Ce
010
o °
O
Cr le
Mm I
L
O
c c
▪ °
Eu
O
0 N
Ti
▪ o
n
a
c ° o
o+
T C S
C — —
a ° °
Es=
a
V 0, 0
T^ 0
a c
3 O n
O U
K 0 c
in o
a °
u 0
O 0 0
0- to
C 0 o°
o .C
c
C •o
0 C
- o 0
oa 3
ii .2
rot.. ▪ r w
O -009
0'o p
° ° O
< 0 u °
of _ L T
o g-
U!!L 0
0
d p p o
Z°a�
330
0 a3
7.a•
• w °
In °aM
M O1 i N
J - °
m K # °
COp
W O
a t`0a
t r
O 10
Z Z e
0 O Y
O
Q w = O m
a°9
(1_,I
c ai
�30m
0 ICI
j ▪ 0
1- C—
•1 O
O <6 T. pa
^
O C E
O
O a
0
EEt po o
8 4w to
o'er # pn S a
I <a)o
i K e° m U =
#
5(I2 `0 -o
la i
3 C cd+ o
0 1.1 • C E ~
Z O ° OL c
vi z 1a -z30
X
W
11111111111111111111111111111 III 1111111 III IIIII IIII IIII
3615393 04/08/2009 12:45P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
' ' ' - - 3N031100 tva1O4 Sii3t1OO Naitlaii SNl ...
r1 - - •MOW 8141 3.1013100 40 401. 15 Ic4 O .S 5)V14
SENDER: COMPLE TE r rd., Jtl., SUN •I t I t: 1 H1:> : l LA 'UN ON 144 NE- RV.
• Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
s Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
t r./I
c, j...r
'S , tt
•
7006 2250 0003 2455 7465 2. Article Number (Copy from service 'army
A. Received by (Please ennt_Clearfy) B. Date of Delivery
C. Signature
' Agent
O Addressee
D. Is delivery' address different from item 1? O Yes
If YES, enter delivery address below: O No
3. Service Type
❑ Certified Mail
O Registered
❑ Insured Mail
❑ Express Mail
❑ Return Receipt for Merchandise
O C.O.D.
4. Restricted Delivery? (Extra Fee)
O Yes
PS dorm 3811, July 1999
Domestic Return Receipt
e:.
U.S. Postal ServiceTM
CERTIFIED MAIL, RECEIPT..
(Domestic Mall Only; No Insurance Coverage Provided)
For ddiivery:bitorr visit our website at www.usps.comt;
Postucie
Gertli:ed Fee
Return Receipt rea
I,i_nnortw_men! Requtfveri
Restricted Delivery Fee
;EndorsemensFeo!;ireu? I
el
102595-99-M-1789
1 pnstroaac,.'�
Lkt3,13 Fi
Total Poatag i & Fr=et; `T 1 ,
:Su�irtgn � f
1 o, �•. ��. __
f Sireei, Aar .....................
o.: , 1 !e
Cie No. •f 'j .f ,..1J'- •f �. I.:'
• CY. 03tato, ZlP• a t r�
-PS Orin 3800. August 2 See Reverse for Instructions,
307
ROAD rrt4 ti—Yer S.1. 4 t'4. C. F. tr. a!A 84th Beek A 133e. 0. Drn,i o. Ott,.
ROAD PETITION.
To the Honorable Board of County Commissioners of WELD County, Colo.
OENTL iMEN:—We, the undersigned, Citizens of your County, respectfully represent that the necessities of the
public require n County wagon road to be laid out as follows, to -wit: Commencing at
the Southwest corner of Section 12, Township 1, North Range 64 West of
Tae t et^
the Sixth principal Meridian, thence two miles along the ,section
line between Sections 19 and 50, and between Sections 20 art 29, Township
1, North Ra.nga 64 Zest of tbo Sixth Principal Meriden, to the Southeast
corner of Section 20, movrnehip 1, North Parge 64 West of the Sixth
Prirc oal Marid3.n
Saul road to be not less than sixty (60) feel in width.
We therefore petition voter honorable body to cause to be laid out and opened a County road as above describer!,
and we, the owners of the land through tohioh said .road is .sought to be laid out, in tonetideratton of the turn of
one dollar to see each and seoerolly in hand paid by the said County of . t'lelt�
The. receipt of which ss hereby acknowledged, and of the laying out and opening of said road, hereby agrees to give
Ott ri,j. Y. of way through our lands • . _
Road File #:
RE#:
1
Applicant Name c'aw-'
Address 024/639 7j(i e
2. Address or Location of Access
Section /I Township /N'
Weld County Road #' 6
vveia L'ounry ueparunent or Hume works
111 H St PO Box 758 Greeley CO 80632
Phone: (970 )356-4000 x3750 Fax: (970) 304-6497
Date.
Other Case #:
'.b � C / `. /9-4/D/20 V'/` h . ..� / �r_�O
!1 �iVLr}Phone JU�-.� Jo `�7J CJ
CityQA) State Zip 806 S)-
Range A yoJ Subdivision Rlock Lot
Side of Road n/ Distance from nearest intersection
3. Is there an existing access to the property? Yes X No # of Accesses /
4. Proposed Use:
(permanent (kResidential/Agricultural ( Industrial
( Temporary ( Subdivision ( Commercial ( Other
tit fin. frtittrirInFirtrirfrirititiltInit
5. Site Sketch
Legend for Access Description:
AG
RES
O&G
D.R.
C
A
= Agricultural
= Residential
= Oil & Gas
= Ditch Road
= House
= Shed
= Proposed Access
= Existing Access
OFFICE USE ONLY:
Road ADT Date
Road ADT Date _
Drainage Requirement Culvert
Special Conditions
tf» Hfl******t**tnttse etstnt-Mf! k
Accident* Date
Accidents Date
Size Length
❑ Installation Authorized ED Information Insufficient
Reviewed By:
Title.
Page 1oti
Janet Carter
From: David [David@comort.com]
Sent: Tuesday, February 17, 2009 3:11 PM
To: Janet Carter
Subject: vic and karen androvitch lot exemption--wcr 49 & 6 hudson, co
Ms. Carter —As property owners adjacent to the proposed Androvitch lot exemption we have been ask to sign a
Weld County document that gives our approval to this process. Because of a lack of information regarding this
procedure we can not at this time lend our support to such an endeavor. Two major concerns are
unaddressed . First, the creation of a fourth primary property access point off of WCR 6 which will place all the
access points ( four separate property owners) within fifty feet of each other,(WCR 6 dead ends at this location )
and second, the entire proposed parcel is located within the Box Elder CR. FEMA Flood Way. We feel these are
valid traffic concerns as well as planning concerns. We are not trying to derail this process but the lack of details
forthcoming coupled with a formal request from the Weld county requires a response . Thank you —David Suitts
24654 WCR 6 Hudson, Co.
3 /9/2009
n w. 1r.:.ee r• ..r soa:�-� r1 i. ,s
.��9Nntra tooltGQTW halialiootN*%L5 iMidO ...
LM01tl3H101$d093AN O/OL111113X t1S>30V:Id .=
SENDER. COMPLETE Inr:, Jcl iltiiV rt rrT15JtL7fUJ1rC1AfpEllvf I?
IR Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
I. Article Addressed to:
•.•! !Y_
A. Received by (Pieese Print.Clearly) B. Date of Delivery
C. Signature
_Agent
U=— ❑ Addressee
D Is delivery address different fmm item 17 ❑ Yes
If YES, enter delivery address below: 0 No
3. Service Type
0 Certified Mail
Cl Registered
0 Insured Mail
❑ Express Mail
❑ Return Receipt for Merchandise
❑ C.O.D.
7006 2150 0003 24
4. Restricted Delivery? (Extra Fee)
2. Article Number (Copy from service laver 5 5 r7 4 6 5
0 Yes
PS Form 3811, July 1999
rn
O
O
to
t
u
Domestic Return Receipt
.tMITIFIED,;1111A1L,A RECEIPT
�Do gllc Werl,�tfly; No4nsu> tnoeVoverage: Provided)
Romans
I
Gertiimd Fee It. '
y Postrw;„, ,
Return Hec;etpi ree ?Ii
Restricted Delivery Fee LA_ b 1 Brn a. -
(t:ncersement Hequiredt C� =�
— • .. J
(Endorsement Rscsitiedl Y ."
"Iota' Postage a Fees $ ....)\3VI I
\, g
•Gi II Soot la �, O, 8064'.
GI i () i.�, 1 ..•tai: ;`rte---
Im r Street, Al:. Na.. t
r- i,7, FO Box Nv. : ? 1/ _ , .y
Cdt: Staro. 7_IP+4 • .
• ;'-;iw•E•.. .
!r '
ice;,_;•_ -f G
102595-99-M•1799
Ser Hews^ tot Fttstt uctlonS.'
Name Atoko
Case #
V1r'CR Location
Non-exclusive License Agreement
Fabrication and Installation of Cross Road Sign (blue & white)
TOTAL DUE
$ 100.00
$ 150.00
$ )57),00
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
V 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.
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.
An 8Y" x 11" inch map, drawn, indicating type of right-of-way/easement;
whether it is dedicated, private, or deeded to provide adequate access to
the parcel.
The applicant shall supply written documentation indicating the adjacent
landowners are aware that the section line will be used to access to your
property.
The applicant shall complete a Weld County Road Access Information sheet.
The above information shall be submitted to Weld County Department of
Public Works.
Send to Clerk to the Board for hearing date: , Wednesday,
9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the
Court House.
WELD COUNTY PUBLIC WORKS DEPARTMENT
1 1 1 1 H STREET PO BOX 758
GREELEY CO 80632
M:\PLANNING - DEVELOPMENT REVIEW \NonExclusiveLicenseAgree-Form.doc
IiIIC
2
r
L0
Hello