The URL can be used to link to this page

Browse Search

Home My WebLink About20072055.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 22 AND AUTHORIZE CHAIR TO SIGN - JOHN AND JAN JERVIS 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 22 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 John and Jan Jervis, P.O. Box 572, Keenesburg,Colorado 80643, 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 22 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 John and Jan Jervis 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 18th day of July, A.D., 2007. BO' 'D OF COUNTY COMMISSIONERS (i)� WE OUNTY, COLORADO C ATTEST: 4 �. Ii ':Qr2 David E. Long, Chair Weld County Clerk to the : r. e • r Tem De ty Cler to the Boar Willia F. rc APP AST Robert D. Masden unty Attorney /X167 Douglas ademacher Date of signature: 11 2007-2055 �� ' p` EG0056, �L AN Dgi/S/b7 ri-lcife MEMORANDUM TO: Clerk to the Board DATE: July 12, 2007 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 John and Jan Jervis The appropriate documentation is attached. Enclosures pc: Planning staff M:\Francie\AgendaDonald nonex.doc m r C's r— — o � � w ino c: 1J - r•"; r:'? Ill--I C.y �-G cn N M: \Francie\AgendaDonald nonex. doc 2007-2055 • • NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY et THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this /g — day of �Uj , 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 John Jervis and Jan Jervis, as second Party whose address is P. O. Box 572, Keenesburg, Colorado 80643. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at the North?% of the Northwest ''A of Section 14, Township 2 North, Range 64 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 22(section line)for a distance of one-half mile east of WCR 57(section line)and located as follows: 60 feet of right-of- way between Sections 11 and 14,Township 2 North,Range 64 West in Weld County,Colorado,and WCR 57 (section line) for a distance of one mile north of WCR 20 located as follows: 60 feet of right-of-way between Sections 15 and 14, Township 2 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. 1 AIM 11111 111111111111 III1111111VIIIIIIVIII11111111 3496116 08/09/2007 12:26P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ag97-a&ss 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 11111 1111111111 III IMO 11111 III MUM IIII 3496116 08/09/2007 12:26P Weld County, CO 2 of 5 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 1111111 11111 111111 111111 III 1111111 11111111 11111 IIII IIII 3496116 08/09/2007 12:26P Weld County, CO 3 of 5 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: Iws...` �,� IE!(, ♦ ATTEST: �� _�,� ��,�� ,, : ®HARDOFCO[JNTYCOMb4ISSIONERS �yl�r' u1Aij% ,, - V4 , 1)LD COUNTY, COLORADO Vile We County Clerk to the Boar. ti By: ( .Ls..rs' i o!4U NCI so By: 'J c . iDep Clerk David E. Long, Chair JUL 1 2007 SECOND PARTY: JOHN JE i VIS JAN JERVIS By: By: �L \ ' C/ SUBSCRIBED AND SWORN to before me this / 1 day of 20O7 BY C altr\ CO l9-ii ) -j C R W 1 J WITNESS my hand and official seal QS-kb-F..44 San& Notary Public My commission expires: 1,._13 c I M:\AGREEMENfS\Non-exclusive@00NohnJervls-agr.doc STACY SARGENT NOTARY PUBLIC STATE OF COLORADO HBO 11111 11111111110 III En I I I I I 11111 111111 I I I I III My Commission hires 12/13/2008 3496116 08/09/2007 12:26P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 02.067-Sass _. _...«. ..."ffiPA9'"s s. >;,er ~ tnm�••:q..».a r.r.r:r F'�'t.1,' 1 1. '{ r 2 • 'i f „jgr �* IIP3j lit t 11 } '� t�S. ;qy • SY • t k •1tit • s • 't fl 3 t F. t t x I, ism d vtr, 1 X 7 rt xt „�„?,- ■ ly {s 1M itpyj "s fus YT " ?:,,,,7,,,,...;:,-,,t,'` . A d t. t A' 1 .1 4< t 3.^iw' x Y if ri+ �t 7 ff i} v , • 4,: �g - 6 ,t,..„41 ,A +^ ,gin w 34 i •W� �'{II,Ntk6P�dv • ors �t.wk n r y °'y - "`• c �'r' fa # tr ' Ea } :t i' F 4 2~} ` ,, ;: 4ca ,. , }ya }} ..i n :. f r ' f .; 9}� t �{ .."if-,:h.;•.',„?.-.34•A., i N ..{M y{ • 11 •. A 5t J 'Ylti Ix $1 tro, i-,! { �ti f t F ::,...,:ii.,::::, :.:•;,,,,v' • p { . tk4 3-^'T*• F itN alb . y �1 �� tt 5'.: .: sar t •, ..„,,,,,i., 't .a a 't i t k,t's .�• itg t eIT j e I & ; •f1.E �f;rt. r.. t k ',,•••.,• f !• d 4. rt IT •.,:,:;,...„,........,,,...,,,,i ' -3 `' - ? u i f f t . �+t 1 .41 a04..t t 1 f 7 s . 3..rE •t.., 4 : k • {� f tt -�.�'a. 't ' ' H _:.xefl< y ;:F ^r k' ,-.,..... 1 3 1 ti•'t i@ iA v3� 'if e 1 y f ,1 rE mki ' I♦ ; .1 i Fr,,yg,a� fy: r f a �tb _ e_ ('� .4}:.;A i t m z ., St. . .t ..... 1, D.:4- xrp Y ? ;: ti Y ,a dF r } j?y .t..,*". E • if �� y p. ty" • i y•2d i • i ( G 1ry3 xr _ .af y` tt':**r F 3 74 k4 » a •,747...: r ..tv rar y.., t o-d ttir • 1 : 1 fl { f,.,..--• °$ „+ + i x f {: a ld 4 : i €+$ f t 1 -+., ,� �. 58 • 4'4...J1,4,,t' . 4;4' t . St • at'4 t ' • '. P yv r.. • :t�.. P tt .• F WN'. 1 s. s"' • p ¢5•:' n Sax f f 44! 4. tY. rwa ;p4.,.:".+1,,' '� q,f „�3 fl ..«,»..«.:._......__.�.....�s ''r f..0 lA a.s4. ,..tea---,—.,.-1'.; .w.. .,r1 .1 , }t. .':4,r;, .nww\vr'^4.1Y •.•..,.•.• _ Y^ I r r y p a. E, ,..7.4.7.- ..I i • Y • •T : La .,._wn......•J .... -• r.p. u..__......_....r,. n,.. Yom. : ? : ; 'j ti; : r�1 t I kts ie_... .� f rt '#t:. L rihv t :u " ,q Sr } ,I:“..... .. 1 IIIIIIIVIIIIIIIIIIIIIII III IIIIIIIVIIIIIIVIIIIIIIIIII / . ..., t ' I 3496116 08/09/2007 12:26P Weld County, CO ' 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder ' a • • 7owns No:-.___.._2 of Range No. --Al - ---- ;fesi of et Principal Xeridian. -- M E ` �F' ,� n p�� i tJ v ' O I l-' o J 8 Malin ' ' Iliyy 4 I� , ao...., :1 �.' 'MtA'� is 111111111 : •-4(0 'EMI liji61 I Hsi MN . 8-av ZVI • - - ti3 ‘,,,,. NMo . ,. r( n r 1 N,a. on .,,.... . gm y- soma `liaio? � � 3 ro 0 � r sum .,,...,„:,. . E. __ .�4 , ,, , Y _ a in in, 4..;,.....:tc\ • 7"--tlitql / I ''� a.4A R R �''�/ 1.1�` �, 4 • '' .cam - - .-13 qy,Y 1p �, , =fi r '6'1' 4 yi , gyp'+ • r. ��y) ,�� +�N -, Plilliri 1 . )f) v o3 , JD\ ,�l \� �" ��o �,°� -0''� ,�1° �'ti� 1 3 p, 5,01) 03 o a \\ a: ,D ,% f A6Y ..—amma Lends b.—R Md�lq. .• . i�3>N .t L—P..i$lion►EM., . "'�' '' • 1rTdbr Qnlwn�q• :' -y, .�r-'__- ..40.-; 1. �.� .. Ladr rct aAie.r.Mrkd an.arc r i' o-. • WELD COUNTY ROAD ACCESS INFORMATION SHEEP Date: ��N �O� Weld County Public Works Department 1111 H Street,P.O.Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext.3750 Fax: (970)304-6497 _a,3123-,:__ __,7g1 � Phone 1. Applicant Name City RIw State�_Zips Address anon alto S7 Po • IgOS IM'a0003( 2. Address or location of access PA Range — Sectionh— Township � ' I� Block,�—Lot_______ Weld diviun Side of Road — Distance from nearest intersection County Road # 1>� 3. Is there an existing access to the property? - Yes No___$,.._ #of accesses 4, proposed Use: O Industrial permanent $ Residential/Ag l CI ❑ Other_� ❑ Temporary CI Subdivision 5. Site Sketch L.. Legend for Access Description:AG = Agricultural RES = Residential C3 ! A O&G = Oil&Gas ■■ i D.R. =Ditch Road $ p = House p = Shed, a S =Proposed Access a 6 ♦ =Existing Access 3 WCR90 N Il OFFICE_USE ONLY: Date Accidents —Date ADT Accidents— Date Road�� Date�— Length Road n�—ADT�__Size�— Drainage Requirement Special Conditions information insufficient CI Installation authored Title: Reviewed By. 6 INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O. BOX 758 GREELEY,CO 80632 Date 6/05/2007 970-356-4000, EXT.3750 APPLICANT Applicant/Owner John Jervis Email Address JJJervis@Earthlink.net Street Address 9780 WCR 57 City Keenesburg State CO Zip 80643 Phone Number Fax Number 303-732-4558 Case# RE-4620 Subdivision/Case Name County Roads WCR 57 and WCR 22 Section Lines Lot Section 14 Township 2N Range 64W # Proposed Lots 2 FEE SCHEDULE QTY DESCRIPTION UNIT PRICE TOTAL Development Construction Permit(Subdivisions) 0 Dwelling units $150/lot O 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 1 Non-exclusive License Agreement $100 $100 1 Fabrication and Installation of Cross Road Signs(Blue&white) $150 $150 TOTAL DUE $250.00 Reviewed by: Jesse Hein Title: Engineer H Date: 6/05/2007 ❑ Cash ❑ Check # 6 i z1 ❑ Money Order# Offki By J�].!! I S Date: 7 r tit)7 C:\Documents and Senings4heinNDeaktop\She1IAINVOICE-Review Fees(O$-Aug-2006).doc kccela Automation: ShowPayDetai140 - T8108-D Page 1 of 1 4 , Weld County Public Works Department +� ti ,�, 1111 H Street Mailing Address: Greeley, CO 80632 P.O. Box 758 �i�� Phone: (970) 356-4000 x3750 Greeley, Colorado 80632 COLORADO or (970) 304-6496 FAX: (970) 304-6497 RECEIPT Application/Permit Number: NP07-00056 Application/Permit Type: Miscellaneous/NA Applicant Name: John Jervis/Moon Shadow Applicant Address: 9780 CR 57, PO Box 572 Keenesburg, CO 80643 Receipt Number: 43654 Payment Method: Check Reference Number: 6124 Amount Paid: $250.00 Payment Date/Time: 07/12/07 01:07:02 Cashier: Marj Caudill Comments: 100 Non-exclusive License Agr 150 Fab & Install Cross-road Signs RE-4620 T8108-D 6124 Version 4.0 JOHN JERVIS OR JAN R.JERVIS o6-9a 23-7/10201040 MOON SHADOW 4285065144 BOX 572 303-732-4558 § 9780 WOR 57 JU Li lo 7TF KEENESBURG,DO 80643 PAYTOTHE tor ewe/ I19BU.G woreis J) $ y50 t/ 1\13° tMerf0 F r- 1 DOLLARS L:J e,... Welbis¢Benk NA WSIs a. vielbq,gxam V. - tina CON FOR VIE tart t I: LO2OOOO461: 4285O651 II' 24 Ittp://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayDetai140&RECEI... 7/12/2007 Hello