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Home My WebLink About20080209.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 48 AND AUTHORIZE CHAIR TO SIGN - HERB SMITH PROPERTIES, LTD., AKA WTW SMITH FARM, LLC 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 48 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 Herb Smith Properties, Ltd., do Mark Smith, 758 Brock, Corpus Christi, Texas 78412, also known as WTW Smith Farm, LLC, do Rachel Katz, 7925 West Layton Avenue#525, Denver, Colorado 80123, 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 48 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 Herb Smith Properties, Ltd., AKA WTW Smith Farm, LLC, 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 14th day of January, A.D., 2008. -1.--'‘,77--, 1,7T BOARD OF COUNTY COMMISSIONERS ,,: WELD COUNTY, COLORADO / ,:J �: _7 / ATTEST: "!tea,rnr�° vel.2-i,;?t 1≥≥,C) i11iaH. Jerke, Chair Wel County Clerk to the Board' , p ►. s i `"`j Robe D. as en Pro-Tem De ty Cle to the Boar W . , F. Garcia APBRO D AS M: k , 2 A �,David E. Long ,-Cbunty ttorney La-w\6- I Douglas Rade ocher Date of signature: I l 1 (tb 2008-0209 EG0058 0 0 :/960, P‘, /J/J9c r <e/O$ 4 „H-H.. MEMORANDUM ITO: Clerk to the Board DATE: January 8, 2008 FROM: Donald Carroll, Engineering Administrator COLORADO 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 Herb Smith Properties, Ltd. aka WTW Smith Farm (RE-4652) The appropriate documentation is attached. Enclosures pc: Roger Caruso, Planning Services RE-4652 M:\Francie\AgendaDonald nonex.doc ST, 'r i'1 Co 0 n C) f—I rxx7 (-I G 2008-0209 454 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NQNEXCLUSIVE LICENSE AGREEMENT, made and entered into this 3 0 day of \ , 2007, by and between WELD COUNTY, COLORADO, by and through the Board f County Commissioners of Weld County,Colorado,whose address is 915 Tenth Street,Greeley,Colorado 80631,as First Party,and Herb Smith Properties,LTD c/o Mark Smith,as second Party whose address is 758 Brock, Corpus Christi, TX 78412. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the part of the Northeast '/a of Section 8, Township 4 North, Range 68 West of the 6`h P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 48 for a distance of %z mile west of WCR 5 and located as follows: 30 feet of right-of-way in Section 8 only for 1/4 mile between Sections 5 and 8,T4N,R68W 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. 1 111111111111 111111111111 VIII III 1111111111 11111 IIII IIII 3532454 01/31/2008 12:55P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder CMG ' 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: 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. 2 1111111 11111 111111 111111 11111 III 1111111 III 11111 1111 IIII 3532454 01/31/2008 12:55P Weld County, CO 2 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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 fee for the Nonexclusive License Agreement. 3 111111111111 MIAMI MI11111III1111111III11111 MI 1111 3532454 01/31/2008 12:55P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: ATTEST: 0 417 4/./ i f 4 r., e ',BOARD OF COUNTY COMMISSIONERS ryfr A� f1s', 841 it -At 1 a COUNTY, COLORADO Weld County Clerk to the Board ® p tis" ,,l '/ c J�l p„ By: 1J V lx/Z C ( YAAVV� U By: l—/-,. eput Clerk William H. Jerke, Chair JAN 1 42008 SECOND PARTY: HERB SMITH PROPERTIES, LTD WTW, SMITH FARM , LLC By-:S7 / ` B}S wtiA SUBSCRIBED AND SWORN to before me this t.9 day of f, 20 O9, By Rche \ \ oSz WITNESS my hand and official seal � r). et:c: .. ` , S. Notary Public at . -d : C E : c7 My cgmmt'Hon expires: ��C\�‘'‘S\e 1 '�', y'%'V,6 ... ...k j� M:WGREEMENTS\Non- 41 perties doc 4v Commission Expires 08/18/2008 4 1 11111 11111 111111 11111 1111 III 1111111 III I I 1111111 I I I I 3532454 01/31/2008 12:55P Weld County, CO 4 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder &c08 C 6'2- W _.._ 111 CR 48 ACCESS W ±6.8 J W N O EXISTING POND > B ±26.1 AC. cc cc O 's I. 3 A D ±120 AC. 0 9-- al Oh ACCESS D 9 g o o EXISTING BUILDINGS y N _C o A ±3.5 AC. 1,.. -6 SMITH LANE m EXISTING ACCESS A SECTION 8 0 250' 500' 1000' 0 NOTES: 1. THIS EXHIBIT IS CONCEPTUAL ONLY. 2. PROPERTY BOUNDARIES ARE APPROXIMATE ONLY. N 3. ALL ACREAGES AND DISTANCES WILL BE REVISED < SCALE: 1 " = 500' WHEN AN ACCURATE SURVEY IS AVAILABLE. co Drawing Description Project No.: 80-5253.002.00 © TETRA TECH WTW SMITH FARMS, LLC - RE Date: 10-29-07 WELD COUNTY, COLORADO Designed By: ELR S www.tetratech.com Figure No. 1900 SOUTH SUNSET STREET,SUITE 1-F LONGMONT,COLORADO 50801 y PHONE:(303)772-5282 FAX'(303)772-7039 Copyright: Tetra Tech 111111111111 111111 111111 VIII III 1111111 III 111 1111 3532454 01/31/2008 12:55P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk R Rannrdar • Township Yo. of Range :1"-o. H"est of'the 61h Principal -Keridian. ` • A0 ‘0'' ,fib�� I ,.tipig. 1 • �,L,O ' $0 9 47f• I 2 r,,+ �l Q•i '6) • ,0y :5. o't3 ;tea. ,�-U� 6 ti'$� ,a� ' ^�v u� ��v ' 3y r ...7 C1/44\_ r l 4i ti a, .' A a,- I ,o'yr) ; '.* ..._______4e ---— --._ 4 .—..is — ------- 45----' — ... ^"�^ tl— '1 r._ iii • �- J >: 1 k ` ' 4 _ _q, 3 f e.., °Ills: — --- ec `t"� ..............— - 0,.., .0 ."-1,. -"I' 46 .til`NI s.I I'i 01 . '. 1 I JI I \ ,2/ �y- I ! \ I 11 17-ill 1" I 1^ I t 3e 1' s .7{ . P -NI4 .r f 1 1 411/S-111 a, i o'er I ' 1 I ` r el 11 —iil, A I ti '�H i It 1,10 ' 3 1 1• t', i 2 12• I r l....,-•1,../_.� tt '�---. --1 -ig,----7-- P'_. 32 _ 38 I. I -1 ►103 `� ` o 7.. I ' 3 ,; 2' — n I ary F'' V i I ,� ,-Li-of - 1.4 . ; - i . ? �� 3,+,4 v r., YUV71L e, 5 L', itIGPF;RENCE. - ! a.—P.ntend Laod. -., h—Uorao.f 1 AS,t7. I.-Pre-emption F11ioc. L—'fii.1.r Culture Entry. : Land.oo{o{Earr,.,mart.d an va�znl f5M�t r4. ..i :.'•,•'.,•Ois'_-44,0,... . . ..)k PATEFJ£D DATE , !o -g-- f $9D see. 8- (F- b6 30' until I IIIIII IIIII Mill 11111111111 III 1111111 III 113 IIII 1111 3532454 01/31/2008 12:55P Weld County, CO 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ("Li{ � �� mod . &v\jk' �� WTW, Smith Farm, LLC • c/o Rachel Katz l 7925 West Layton Avenue #525 nn,t r Denv 8223 30 303-9-9 07-26613 G July 20, 2007 Heather Stori Suits 281 Shale Ridge Road Berthoud, Colorado 80513 Dear Ms. Suits: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our Parcel Number 10610800040 located in Section 8, Township 4 North, Range 68 West of the 6th P.M., Weld County. When that is granted, we will be building another residence on the parcel. The reason for this notification is that it will add another residence sharing the current section line access road, and Weld County Public Works requires that all landowners be notified. Please acknowledge that you have been notified of the proposed residential/agricultural use 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. Your signature on the certified mail receipt will also acknowledge notification Access: WCR 48 section line is a 30-foot right-of-way in Section 8 only for %2 mile west of WCR5. Acknowledgement: print name / date signature Sincerely, G - / � � CSC 0 WTW, Smith Farrn/1t,LLC pc: RE-4652 WCR 48 file, section line M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\SmithFarms-let.doc _ ._ .. 'ITTV„ , .. BEAR VALLEY STATION DENVER, Colorado 802279998 N 0723550077-0097 09/26/2007 (800)275-8777 12:01 :15 PM Sales Receipt ' -==== Product Sale Unit Final ri Description Qty Price Price o ISLAND LAKE IL 60 42 $9.95 0 Zone-5 Priority Vail ru Flat Rate Box 4 lb. 13.20 oz. r` -,/i,22-21/1-; .1 Ito . Jytt A":„,./ 3 5� issue PVI: $8.95 TT, 102'i7L-'{2 CC 0 '-i2 BERRTHOUD C0 ,513 $0.41 tune-1 First-Class Letter 0.50 or. Certified $2.65 label!: 700702200001179605'4 Customer Postage -$0.82 Subtotal: $2.24 Issue PVI: $2.24 Total : $11.19 Paid by: t lastGrCard $11,19 Account n. XX,XYYTIYYYX0094 Appr:rcal I: 026=83 Transaction I: 504 23903030559 Order stamps at USPS.com/shop or call 1-800-Stamp24. Go to USPS.com/clicknship to print shipping labels with postage. For other information call 1-800-ASK-USPS. Bi11#:10003'04404-3 Cl_erk:12 All salts final .on stags and Refunds for guaranteed fetai2ec (alv. Thank yeu for rout btsifecs, x_.,.>,4*44444+,t,r+4a.4,.*++,,,,,,+4 HELP US SERVE Y07 BETCEC Go to: http://gx.gallup.cu'u,'pos TELL US ABOUT Y"_P RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS +***+*.+**++*******+++**4444++„*+4+ ********++******************* ,***** Customer Cop Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1 Weld County Public Works Department 6j((t 1111 H Street Mailing Address: Greeley, CO 80632 P.O. Box 758 I1`9 Phone: (970) 356-4000 x3750 Greeley, Colorado 80632 COLORADO or (970) 304-6496 FAX: (970) 304-6497 RECEIPT Application/Permit Number: NP08-00001 Application/Permit Type: Miscellaneous/NA Applicant Name: Rachel Katz/WTW Smith Farms LLC Applicant Address: 299 Milwaukee St Suite 331 Denver, CO 80206 Receipt Number: 45886 Payment Method: Check Reference Number: 1039 Amount Paid: $250.00 Payment Date/Time: 01/08/08 08:01 :49 Cashier: Marj Caudill Comments: RE-4652,lots A-D; tab & install signs $150; non-exclusive lic agreement $100 1039 WTW SMITH FARM LLC 299 MILWAUKEE STREET SUITE 331 DENVER,CO 80206 82-646-1070 DATE 81120/07 I (®DER abet Z4� Aelle atHaK�'il Q/W�/i:teed� �/.pX-l' $ ero Awi r 7 &no Mt sett V J DOLLARS e ( Bank of Choice ® IRO CHOICE YOB COO BM ON. //�y/ � } Ph 990-33339--5596,X) / -1 4 r_i �(/eCIe kR y.es,05� FOR /q✓Y,�/ II.00 10 39III I: 10 7006460i: L LO 19 270 http://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayDetail4... 1/8/2008 • Name vj j), S H Clunk C. Case # RE 44.S WCR Location 48 is Non-exclusive License Agreement $ 100.00 Fabrication and Installation of Cross Road Sign (blue & white) $ 150.00. TOTAL DUE $ e≤D oo -et— NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL 7- is-°7 Documentation of Proof of Right-of-Way (Title Co./GliS-fiept.) or document of an easement shall be provided to the Department of Public Works. /a "28- 1 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. 7^i5-°7 An 8'h" 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. 7-7,G- 7 The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. ii--.26-07 The applicant shall complete a Weld County Road Access Information sheet. /- 7-clii-"The above information shall be submitted to Weld County Department of Public Works. ��t I 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 1111 H STREET PO BOX 758 GREELEY CO 80632 M:\PLANNING-DEVELOPMENT REVIEW NonExclusiveLicenseAgreeForm.doc Hello