The URL can be used to link to this page

Browse Search

Home My WebLink About20070838 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 47 AND AUTHORIZE CHAIR TO SIGN - RANDALL LAMP 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 Weld County Road 47 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 Randall Lamp, P.O. Box421, Henderson,Colorado 80640, 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 Weld County Road 47 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 Randall Lamp 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 March, A.D., 2007. BOARD OF COUNTY COMMISSIONERS W \ COU NpTY, COL RADO ATTEST: cL vid E. Long, Chair Weld County Clerk to the illiam . J ePro-Tem BY: Deputy Clerk to the Board �`_G Willi Garcia APPRON/go AS TO C Robert D. Masden ty A orney , , L..- 1�7/a-? Douglas a�demac Date of signature: ( l 2007-0838 ,- /3v AZ; ,00O/ EG0056 45/03jC7 MEMORANDUM 1 TO: Clerk to the Board DATE: 3/23/2007 C. COLORADO FROM: Donald Carroll, Engineering Administrator 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 Randall Scott Lamp The appropriate documentation is attached. Enclosures pc: Planning staff M:\Francie'AgendaDonald nonex.doc • M: \Francie\AgendaDonald nonex.doc 2007-0838 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY ti THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this vx/0 — day of )1t(ti.G/l , 2007, 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 80631, as First Party, and Randall Scott Lamp, as second Party whose address is P. O. Box 421, Henderson, Colorado 80640 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the PTE 1/2 NE 1/4 Lot B RE-4583 of Section 26, Township 3 North, Range 65 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 47 for a distance of one-half mile south of WCR 30 and located as follows: 60 feet of right-of-way between Sections 25 and 26,Township 3 North,Range 65 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 111111111111 111111111111 III VIII1 DIED 11111 I1I11111 3470446 04/20/2007 01:14P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder <7ce12- CJ34' 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 Agreemart 2 HRH 11111111111111111 EMIR 111111III11111IIII1111 3470446 04/20/2007 01:14P Weld County, CO 2 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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 I HID 11111111111111111 III 111111 111111 11111111 IIIl 11I1 3470446 04/20/2007 01:14P 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: t< •!M ARD OF COUNTY COMMISSIONERS Lk,� irt D COUNTY, COLORADO Wel ounty Clerk to the Board . '".. By: ti 9 '_-G1_G'tint. . eputy lerk l NV,,,..d WI David E. Long, Chair /28/2007 SECOND PARTY: ieL By: " A- b Randall Scott Lamp SUBSC BE AND SW RN to before me this RR, day of red wA2i , 2007, 4,(5t/t)By (. WITNESS my hand and official seal ,., . 1. I,OTA'AtWCary Alblic My commission expires: A iJm A n fr M:W GREEMENTSNonexcl us ivd200ALamp-agr.doc Notary Public 2707 E.Batley Lane Bdchtn,CO 0060011 fwy CZ,Th SaLn Expires 'c i-16-07 -16.-07 4 111111111111111111111111 I I 1111111111111 I I 11111111111111 3470446 04/20/2007 01:14P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &cc 7- C g3 S' • WELD t INTY ROAD ACCESS INFORMATII SHEET Weld County Department of Public Works 111 H Street,P.O.Bog 758, Greeley,Colorado 80632 Phone: (970)356.4000,Ext.3750 Fax: (970)304-8497 T— Road File#: An.s.L. Date: °7 RE#: 45 0.3 Other Case ti: 1. Applicant Name gM4D'1 (-AAA P Phone pop-349- C55-7 Address P O 60K 42-1 City SE/4DSRs°N State CSO_Zip 80/.4O 2. Address or Location of Access 2247O WC.R SO Section 2 b Township 3£�Range SE W Subdivision Block Lot Weld County Road#: 3 0 Side of Road 5outH Distance from nearest intersection 4b(e 3. Is there an existing access to the property? Yes . No #of Accesses 4- Proposed Use: Permanent Oi ResideMiaUA9ricuttural 0 Industrial Temporary O Subdivision O Commercial ❑ Other 5. Site Sketch I Legend for Access Description: a Res eA ■ AG - Agricultural RES = Residential n 4 O&G w Oil&Gas D.R. = Ditch Road 044 J o ' House g N O = Shed • A -Proposed Access • -Existing Access Nt ..... OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Acddents Date Drainage Requirement Culvert Site Length Special Conditions • Q Installation Authorized 0 Information insufficient Reviewed By: Title: 11111111111 11111 1111111 11111111111111111111111 IIII IIII 3470446 04/20/2007 01:14P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • Township No. of Range No. Ely ;rest of the 61h Principal ;Veridian. Lie - r I at cfi fit cl ' I - 199' F }\ E4-' I ,. II ll _— fr ---+ --II-' I u it 12 �D I II' �° T" --try re t T,, v I B ti I { i el '. 41C,`�� l i :)' r'r7} 19 3 ! Y ev Y jiltt� A rr 1 ,ii) Y�� 24 e mr,��ad a 30 r r \ N ry i 1 I 1 7 t o • ,r 1 32 - F- 33 3`'�3 35 1 36 g ^ ^ ( i ni - Z Y uegcnr Nea �� -8meaa Loa.. L..e-.mp o Euu r L—TaSa 0eot n.l tq is, .'�°„ Reds voesLYs�wl.o ma4W�w vswnL Q Q R T' 111111 11111 11111 1111111 III 111111 111111 H11111111'11111 3470446 04/20/2007 01:14P Weld County, CO 6 of 6 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Name LAMP in COPY Case # RE : 4583 WCR Location 41 set." etc 3o Non-exclusive License Agreement $ 100.00 Fabrication and Installation of Cross Road Sign (blue & white) $ 150.00 TOTAL DUE $ ESO'—�- NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL 3-5-451 Documentation of Proof of Right-of-Way (Title Co./CIS Dept.) or document of an easement shall be provided to the Department of Public Works. 243' 1 One (1 ) copy of Non-exclusive License Agreement for the Upgrade and l Maintenance of Weld County Right-of-way. This document shall be signed and sealed by a Colorado Notary Public. .4-'.f-'7 An 81/2" 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. 3 -13-1 The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. 1 S-a7 The applicant shall complete a Weld County Road Access Information sheet. The above information shall be submitted to Weld County Department of Public Works. Fee/Mna RW • 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\NonExclusiveLicenseAgree-Form.doc Hello