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Home My WebLink About20073624 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 66 AND AUTHORIZE CHAIR TO SIGN - FIDUCIAL, 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 66 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 Fiducial, LLC, P.O. Box 659, Berthoud, Colorado 80513, 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 66 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 Fiducial, 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 3rd day of December, A.D., 2007. ""-,N" BOARD OF COUNTY COMMISSIONERS �,,� A WELD COUNTY, COLORADO ATTEST: Mifiat , f^ ¢� EXCUSED -; David E. Long, Chair We County Clerk tot ;gab d��-�a r it"� *� William H. Jerke, Pro-Tem BY: D ty Cle to the Board EXCUSED Wilm E. arcia�p AP O D Robert D. Masden oufSty ttorney ouglas ademach r Date of signature: 3-1a01 2007-3624 EG0056 (etMEMORANDUM CTO: Clerk to the Board DATE: November 15, 2007 • COLORADO FROM: David Snyder, Public Works SUBJECT: Agenda Item Please submit this enclosed item for the Board's December 3, 2007, agenda: Non-Exclusive License Agreement for WCR 66 Section line ROW for Fiducial LLC/RE 4722. The appropriate documentation is attached. Enclosures pc: Roger Caruso, Planning Services M:AFrancieAAgendaDavidSnyder.doc L � � y r 4: J) C- W M: \Francie\AgendaDavidSnyder.doc 2007-3624 V NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thisnday of Nevc>nber , 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 80632, as First Party, and Fiducial LLC, as Second Party whose address isPO Box 659 Berthoud, CO 80513. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the PT 27-6-62 COMM NE COR SEC 27 BEG S03D43 W 5291.34'S89D53 W 5228.83' N0l D36E 523.1'S88D23E 34.05' N86D46E 1534.52' S70D18E 160.97' N89D44E 1707.6' N57D03E 995.2' N35D57E 17.57' N04D16W 1843.06' N04D 13 W 1021.54'N10D59E 14.35' N34D 1 SE 455.32' N13D2 in Weld County,Colorado,and WHEREAS, First Party is the owner of the rightof-way known as WCR 66 for a distance of 1350 feet and located as follows:60 feet of Right-of-Way between Sections 27 and 22,Township 6 North,Range 62 West, in Weld County,Colorado,from WCR 79 ' to 81 section line,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 follow I. 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 Part9s 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: 1111111 VIII 111111 11111111111 IIII II1111 III VIII 11I11II1 3522383 12/07/2007 03:07P Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder cccc-> 07y a. ROW shall be constructed and maintained as a graded and drained aliweather 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 periodical lycleaning 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 partof 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 11111111111111111111111111111 11II DIM III 11111 IIII IIII 3522383 12/07/2007 03:07P Weld County, CO 2 of 6 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 invalicbr 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 sectim 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 111111111111111111111111111111 11111111111111111 I I I I III I 3522383 12/07/2007 03:07P Weld County, CO 3 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 ATTEST: t is Cler to the Board soL' By: a '''') ' / A-474, epu lerk r\� r illiam H. Jerke, Chair Pro-Tem '. s:1 12/03/2007 SECOND PARTY: NAME NAME 3 el(� Me-no- e of f��vc:a-Il`)DT: SUBSC1SBED AND SWORN to before me this 2g' ay of IQ° , 2007, By PMvcl K tJken44'e I 1tc M4.ve4 Jl,/ ,> [ Fick vc.i4 L , LC c WITNESS my hand and official seal -C�jti Notary Public / • My commission expires: LEON W SIEVERS f 6g-e4-6 q NOTARY PUBLIC s STATE OF COLORADO swararsowsrannenni M:\AGREEMENTSNon-exclusiveSAGREEMENT FORM.doc(Revised 12007) 4 MID 11111 11111111111 111111 IIII IIIIII III 11111 Ell IIII 3522383 12/07/2007 03:07P Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aoo7-3 o WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street, P.O.Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000,O,l Ext. 3750 Fax: (970)304-6497 1. Applicant Name fit Mecb ) ILL City /jarfl�p,�f Phone State_a_Zip Address Lit& 6L-�'at.ay Of 2. Add,,:.,.., or location of acoass 0679n-er1 — /nO4O-'OO3 Section ) Township 6 Range 6-a Subdivision Block Lot Weld County Road # Side of Road Distance from nearest intersection 3. is there an existing access to the property? - Yes No # of accesses 4. Proposed Use: ❑ Permanent O Residential/Agricultural O Industrial ❑ Temporary O Subdivision O Commercial O Other 5. Site Sketch Legend for Access Description: L_WCR 1 AG = Agricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road p = House ; ❑ = Shed A =Proposed Access 40a • • = Existing Access 3. �' 3 r I c°•a , . N7 WC 3L s 7 • *N*********lN********************************************************************MM*****N***,f**IRi********' MY*** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation authorized ❑ Information Insufficient • Reviewed By: Title: 6 HBO VIII MIAMI 101 III' 111111 III VIII IIII IIII 3522363 12/07/2007 03:07P Weld County, CO 5 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder /. . : :: s:' it • .r., it ! � f tl ., 1 f 1:91 i 1 = H I 3 ' . ... i,"\1' I I r7 r � I} stt cz= ; jra c.: i1 rr I, . f fH, n e . • � Ins. - - - - - � i ; yi 1` - - I r _. . a .., ... ...... .-_.._.l , A r 4 toy . r r E lV • is < y ti a i1 '1 • • q M I : .� ... I L rt1.. u La S �,e f is V% , ' • ' ... • S. E ! ! ` i :r n• • .1 Sv 5 - • pK _ .M \ Yv/N/,.Sv Feb5w Fn - - - - - e I . 0 .;f'.. .. .. ....._.. ... _ ._ ............rr.a ...._.,«... _�. - _ nuf $ ..,, ' ,le. e . '. I • 1; I` 1 , Y. +�+ _a . . E i i :9,e �v a.:: P,i I b € u.f •z i n r � y a ) w 1 `. ' • E i i! - x F . 4 r xt Ei ern.. i1 11 j J 4 : ti o 1 .. z , 1 , .. z • kW u e. '1,, g.; to £ �� •• s 1111 , I IIIIII VIII IIIIII III!! I111111111 111110 III iilli 1111 1 '. •n F..>. >rC.::.^ o /G I/p r.)Eb.W Lf / ��x..xµc „ ./(v v^.,•. 4, 3522383 12/07/2007 03:07P Weld County, CO . 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk & Recorder INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O.BOX 758 GREELEY,CO 80632 Date 970-356-4000,EXT.3750 1 s '+sF `"ag`- .'aS"t-aGt¢ 3 lk4 }•, 8§§ s Applicant/Owner Email Address cj0a4, LLL Street Address Li 660 6t+awnyO City /1 _L _ Phone Number Fax Number �Ja�h0�1 State Z � �� J 5 3 2 -CYJ3 1-500-70?5-3-s97 Case# DL' I,^ Subdivision/Case Na e Lot(s) 1 I Block(s) Section . Township 6, Range Area In Acres Existing Zoning Existing Use of Property #of Proposed Lots , y, a, R,d �,t" i y ₹ +'a `S &. D. t{"1" if•s 3 § vy _... QTY DESCRIPTION UNIT PRICE TOTAL Development Construction Permit(Subdivisions) ❑ Dwelling units $150/lot ❑ 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 INon-exclusive License Agreement $100 SiOO ' / Fabrication and Installation of Cross Road Signs(Blue&white) $150 'Igo TOTAL DUEL 50 Reviewed by: Title: Date: o Cash o Check# o Money Order # By Date M VLANNINO-DEVELOPMENT REVIEWBackup of INVOICE-PLANNING(28Jul-2006).wbk Weld County Public Works Department l l ^ 1111 H Street Mailing Address: Greeley, CO 80632 P.O. Box 758 IllikPhone: (970) 356-4000 x3750 Greeley, Colorado 80632 COLORADO or (970) 304-6496 FAX: (970) 304-6497 RECEIPT Application/Permit Number: NP07-00131 Application/Permit Type: Miscellaneous/NA Applicant Name: Kelly Hamill/ASIF Company Applicant Address: PO Box 659 Berthoud, CO 80513 Receipt Number: 45533 Payment Method: Check Reference Number: 1272 Amount Paid: $250.00 Payment Date/Time: 11/29/07 02:11:41 Cashier: Marj Caudill Comments: RE-4722 Non-exclusive license Agr $100 Fab & install signs $150 ii26v ' i9Z7vcw99wz_ __ cxa m: -,,: ,M.,,7.xn T8108-D `SsFh'YtiR"ri�i2— `'1i4rI�iT*TZd"h PXii1xR2 "GS ' Version 4.0 . ... ASIF COMPANY r,___,__._ ;..,w P O BOX 659 1272 BERTHOUD,CO 80513 i - / / 'i-©7 23-2/1020 348 - �� .� (� [ 11ATH zir �ion� ocii (� CV / _ v,i $ oZ�o 0O F o �./ J ®bank. _ usbankcom LL 1 Fw /a. ,,.., 0 ` //V ': 1O2OOOO2 i,: 1O 36 7 3 789 7O90. 127 -0'_v k'Fb!'T 4Rkc:xd c-:4V53x&4W.T.; F&. ....7,& "\kWi F,�, a x x ^£. 5Ls Tx.k,'trt,wv{��''�hTnx'�:ivSl3;id3^fi�6-"' � http://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayD... 11/29/2007 Fiducial LLC 4660 Getaway Dr. Berthoud, CO 80513 970-532-5433 November 27, 2007 Paul W Walter c/o C/O ROBERT D KREPS OF KREPS —WIEDEMAN Greeley, CO 80631 Dear Mr. Kreps: This letter is notify all property owners using the County section line access (WCR 66 between WCR 81 section line and WCR 79 3/4) that we are requesting a Recorded Exemption for our parcel number 0797-27-1-00-003 Lots A, B, and C, located in Section 27, T6N, R62W of the 6t" P.M., Weld County. When that is granted, we are proposing building another residence on the exemption parcels. The reason for this notification is that it will add additional residences sharing the current access, and Weld County Public Works requires that all landowners be notified. Please acknowledge that you have been notified of the proposed Recorded Exemption, 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, Fiducial LLC Kelly Hamel Acknowledgement: �� 1 � , --2 fio berr pX( fi print name / dategnature AcLr& ti P5 pc: RE-4722 - Dave Snyder, Eng. II. WCRs 79 3/4 file M:\PLANNING-DEVELOPMENT REVIE=Correspondence\Fidicual-let.doc Fiducial LLC 4660 Getaway Dr. Berthoud, CO 80513 970-532-5433 November 27, 2007 Jack L Tolbert 39796 WCR 68 Briggsdale, CO 80611 Dear Mr. Tolbert: This letter is notify all property owners using the County section line access (WCR 66 between WCR 81 section line and WCR 79 3/4) that we are requesting a Recorded Exemption for our parcel number 0797-27-1-00-003 Lots A, B, and C, located in Section 27, T6N, R62W of the 6th P.M., Weld County. When that is granted, we are proposing building another residence on the exemption parcels. The reason for this notification is that it will add additional residences sharing the current access, and Weld County Public Works requires that all landowners be notified. Please acknowledge that you have been notified of the proposed Recorded Exemption, 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, /171,0-0,74/ iducial LLC Kelly Hamel Acknowledgement: print name / date signature pc: RE-4722 - Dave Snyder, Eng. II. WCRs 79 3/4 file M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\Fidicual-let.doc CERTIFICATE OF MAILING: ' - Letter to Jack L. Tolbert - 39796 WCR 68 Briggsdale, CO 80611 r , • dated November 27, 2007 (attached) RE-4722 UNITED STATES POSTAL SERVICE® Certificate Of Mailin This Certificate of Marling provides evidence that mail has been presented to USPSM for mauii This form may be used for domestic and international mail. From: i r, !j O c,c i (JC u o c +1660 6-e1 -co o y 9r Olowt"= ol; eau mNt --�N ge(*�a C© 56-5-i 3 ti g: >c Ears°' z To six L 779/4„Z- 3 cr 7 9 8 Cc) 6/‹. ? '�11 �r,yy sdr,¢ie 2 Co 506 ! xg PS Form 3817,April 2007 PSN 7530-02-000-9065 U.S. Postal Service CERTIFIED MAIL RECEIPT • nl (Domestic Mail Only;No Insurance Coverage Provided) N r F.r.ebvery inf.rmati.co n visit'in we.site at www.us.s.c.m. Ei oieCi A Le USF r Postage $ $0.41 Certified Fee IL $2.65 /10-, Postmark CI Return Receipt Fee 's / N<'r ) O (EmbisemeM Required) $2.15 1 / ci Restricted nt lkOMY Required) sFeeci Total Postage&Fees $ Fi �t 11%"28.%7.067 J -$ Tor freer,Apt No.: M1 o or POeoxNo. 3I /c'(-^ �Cr [ pp /I rt 6 J city State.ZIP+4gf 446dj7 oIC co O 061/ Name 4/A ) l,LG Case # (E 4 )f2- WCR Location al-743b1 Non-exclusive License Agreement $ 100.00 Fabrication and Installation of Cross Road Sign (blue & white) $ 150.00 TOTAL DUE $ SO,QO NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL Pk/ 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. eiti An 81/2" x 11" inch map, drawn, indicating type of right-of-way/easement; whether it is dedicated, private, or deeded to provide adeeuate access to o- 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 q property. Ir The applicant shall complete a Weld County Road Access"Information sheet. f The above information shall be submitted to Weld County Department of Public Works. Al 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 NonExclusiveLicenseAgreeForm.doc Hello