HomeMy WebLinkAbout20071911.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 106 AND AUTHORIZE CHAIR TO SIGN-GERALD
THOMPSON
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 forthe
Upgrade and Maintenance of County Road 106 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 Gerald Thompson, 8660 County Road 106, Nunn, Colorado
80648, 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 Agreementforthe Upgrade and Maintenance of
County Road 106 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 Gerald Thompson 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 9th day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WEL6r6,OUNTY, COLORADO
ATTEST: gall /) I I�,��� (A) Coo
4 N David E. Long, Chair
Wel• County Clerk to th i cj' �) L
BY: William �Jef e, Pr em
� i 1 L S4 Pct•<<yl „�� ,,iii�
Deity Cle! to the Bo 1 /
. Garcia
A ED AS M: I \\1/4)
Robert D. s en
oun) uomer Q rr
Date of signature: U
Douglarf Rademac ;r
2007-1911
EG0056
MEMORANDUM
' C. TO: Clerk to the Board DATE: July 2, 2007
COLORADO FROM: Donald Carroll, Engineering Administrator LGk
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 Gerald Thompson
The appropriate documentation is attached.
Enclosures
pc: Planning staff
M:\Francie\AgendaDonald nonex.doc
09A ;3o ` Zd
Zn :3 d £- mnr [Dill
S83N0ISSIWW00
AINn00 013M
M: \Francie\AgendaDonald nonex.doc
2007-1911
r •
0
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 9th
day of July , 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 Gerald Thompson, as second Part,y whose
address is 8660 WCR 106,Nunn, Colorado 80648.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the North%2
of the Northeast'/of Section 17,Township 9 North,Range 67 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 106 for a distance of
one-half mile west of WCR 17 and located as follows: 60 feet of right-of-way between Sections 8
and 17,Township 9 North,Range 67 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.
IIIII IM 1111
3495803 08/07/2007 01:17P Weld County, CO
1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
62c0 7-/91/
.
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
AEI 11111 MIAMI Hall
3495603 08/07/2007 01:17P 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
11111111111 MIAMI MI 11111 Ell HIM 11111 IIII IIII
3495603 08/07/2007 01:17P 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:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Ella a
LD COUNTY, COLORADO
W- County Clerk to the Board
fis61r
• 3
Depu Clerk ® ' �� David E. Long, Chair J 9 2007
SECOND PARTY:
GERALD THOMPSON
By: 4.4 04„„
SU s RIBED AND SWORN to be�,,.. �l e this 76.64 day of \Jllfit , 2067 ,
,/ Ea VANFG
By :L.�i au
WITN . my hand and office.'- *MC ;•'�
thamnewareillreS19 Notary Public
My commission expires:
M'.WGREEMENTSWon-exclusivd2007\Thompson-agr.doc
4
HUH 1111 111111111111 IIIII IIII 111111 III 11111 IIII IIII
3495603 08/07/2007 01:17P Weld County, CO
4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
g00-7-7 97/
4---
z
yr. y`.,.. a.. �rr y
�- raft,4 {.. •AF A
�F� � � 2
>° h` t dp 't✓+
s�+, ,..,,',"LAH a, a ` wit' g ay. .t a, e*
q.v.,f. , d MKT
. n 4 T
:
fix/
S
.d .p may. .
4Yl 'yf` Stt pAq
. i
rf-. . ,fit, t il ,
Y *' mom,
ygi.
$"y 0 °a+ e
o C $a
,
n t..
N - E I '
{ E 4 '1 dy a Z
R At
?f
E a
,..
i - y,
€ _ z. . ,. ,y. % t
a . ,y
�4'
. t .• ra
S .' :.
< :
t•o
,. ....u.._,.�...�...,,... ...a .,�_" _ i
lyt l s eit ,w s2
, 4 ' ! ,
�y
I 11111111111 Milli INV IIIII IIII !DIE III lull IIII Iiii � � a�. . . � •
3495603 08/07/2007 01:17P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
07/02/07 08:31 FAX 005
. r�
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H Street,P.O. Box 758, Greeley, Colorado 80632
Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 34740
/Z7 �7
Road File#: ',1', Date: / /
RE#_ Other Case#: C
1. Applicant Name 6.71'02.44 { .rON Phone 970-P1 7—�1,z
Address P-47..010 C4 // City_Alfdital State C0 V
/ S.GL Zip 'O
2. Address or Location of Access geu 1116441 l0 6
Section /I Township 9' Range 6'7 Subdivision _ Block Lot
Weld County Road#: /1 Side of Road Distance from nearest Intersection O
3. Is there an existing access to the property? Yes ,X No _ #of Accesses
4. Proposed Use:
J Permanent % Residential/Agricultural ❑ Industrial
D Temporary J Subdivision J Commercial J Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural
_I L._
RES = Residential
O&G = Oil&Gas ` I
D.R. = Ditch Road a 4
O = House o yakx
O = Shed
— Proposed Access 4
• = Existing Access
r---
OFFICE USE ONLY:
Road ADT
Date Accidents Date
Road • ADT Date _ Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized O Information Insufficient
Reviewed By: Title!
•
•7-
\ccela Automation: ShowPayDetail40 - T8108-D Page 1 of 1
��� Weld County Public Works Department
let t 1111 H Street Mailing Address:
Greeley, CO 80632 P.O. Box 758
IliacPhone: (970) 356-4000 x3750 Greeley, Colorado 80632
COLORADO or (970) 304-6496
FAX: (970) 304-6497
RECEIPT
Application/Permit Number: NP07-00054
Application/Permit Type: Miscellaneous/NA
Applicant Name: Gerald D. Thompson
Applicant Address: PO Box 70
Wellington, CO 80549
Receipt Number: 43383
Payment Method: Check
Reference Number: 1593
Amount Paid: $100.00
Payment Date/Time: 06/28/07 10:06:18
Cashier: Marj Caudill
Comments: 1 non-exclusive lic agr
T8108-D
GERALD D. THOMPSON 82-26/1070 15 9 3 version 4,0
BEVERLY THOMPSON - 011735543
P.O.BOX 70 DATE 29 /
WELLINGTON,CO 80549���pp J //� /{° PAY TO 1� 1(/ / Z, °. , ' • F $/6O1--
C
Q 0
THE ORDER .(J,,
0tw
DOLLARS eo...mm
u
First National Bonk te GOLD PLUS CHECKING
3 r ;
now, Po BO:15771 k;,F,.-
piiw�iee�°'mmmamra ..
44/74/
MEMO
': LO7OOO262p: oL L7355430 1593
ittp://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayDetail40&RECEI... 6/28/2007
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: S110/0V
1111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
1. Applicant Name Girt-Ai-Ls ribhiP5aN Phone 470-&I7- Z-SN1
Address V40 wt._ 106 City Maim State Zip SAS
2. Address or location of access PARCEL—4 D4ss19I voo l2
Section I-7 Township 4w Range 67 W
Subdivision -' Block Lot
Weld County Road # 17 bob Side of Road Distance from nearest intersection
3. Is there an existing access to the property? Yes tC No #of accesses SLCSIDPJ ►ANE.lob
4. Proposed Use:
• 0. Permanent a Residential/Agricultural 0 Industrial
0 Temporary 0 Subdivision ❑ Commercial 0 Other
mrrrrmry,rrr+e+err+rrrrrrrrrrerrrerremrrrrrrmrmrr+r+rrm++rrrrrrrrr*rrr+rrrftr+rr*rrr r** rrrr
5. Site Sketch
Legend for Access Description: I I
AG = Agricultural --JI wcx 1 $6• ILA
RES Residential
O&G = Oil&Gas TiwuPso14
D.R. = Ditch Road O
0 = House •
O = Shed r
A =Proposed Access z
A = Existing Access • 3 • 3
I
N 7 wcx D
7 ,
rlrNrrrrr4RrrrrrrrrrMrrrr4YYlMrrmrrrrrrrrrMYrrrr'MrrrrmrrrrrMrrrr ***HrmrN
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road - ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
6
•
13 Township No. 9 of Range X . f,7; rest of Me 6M Principal Xeridian.
1.5 11 z1 z�
11O S!/a- -5--xoas . Nv r -r ijt\'1�, \I' a it • o'5 I 3_.2.0; : -v? .7.7-1-H I :-'-0 t .1-.1-'17
li.
No
V� a,` \ , ''1 t `y �-i- I :...2..02 . '✓ "/? 2 '-!, - _-,0' -...4- '?
'2,
3 b -13 s 2 z 3 0 iro ItiII 3 -1fj. 2j-rly
N B o
o �
! L' '
1 '''r -
, TQ
• I . l r �u
44 '17 0 [.
I ,�l 13.0/ .-ILI' • 9
tis IO'1 i ! v3sck.co I- 03 `4 1 A-2o
1 C QED '
-- — 14 _ -, --1 - '-
I I
6.E.I\ I 7..i.5-{Z !
E 1 I
4--/ 7- -c�2 1
I• o"h .2-14-,*q I U-rataq I i
I e✓^ I f a-A-03
i 6 r- 'f-!f•- 0.2-2-I M I \ i
6.5-16 '
- >�, ri t`!r
Z .lrr J-2-/I I
9-Z-111 \ ��
ID - -
I 0 �� T n3 p r ''�
• '-S-i6 o I ,l,• r'} r}' l
II
215
i° 1 t Z
'o I j \ i
L.S-.I.i `} I
}� I s a s--4,
�oU -- __ 1 i I 7•-7-1.1-
>,-rz.r 21 6.�z t�cy �3 04) ii '� ,�. ' ,,,Q'� ^ °� k i 1
''''':
0� r I ti �i I fir 1 �' r�'` T. t r = I
.f^17.1 -r~-;v I) 'E `,7' , t �1 i 01 ',
- � I n./0`, I 0 I: ' rZ' *_
i... r N
449 , ..L '-''.'"-*'? ._ . ' - ----1_1 71-e 3.1_...1::... IL' (.0_244.....__j._: _._______!....____.__cie .371,71.-.,rt if\-3-1-13 - aoonr. hf.`R�tanl LPiWs ltF.�t,E.
( (5# ,v-:,-'Y 1 h.-Anmeevnd Entry.
t.
7) -,P»....$a n Piling.
• _! ` t-TImI* Calton&dr,.
`�. Umlaut otherwise omited an rawot ..
-i.
'rt:'.:'
rett(LI-
MEMORANDUM
TO: RogerCaruso, Planning Services DATE: May 10, 2007
9
FROM: Jesse Hein, Pu orks Department
C SUBJECT: RE 4637, Gerald & Beverly Thompson
COLORADO
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are
as follows:
COMMENTS and REQUIREMENTS:
Section Line Access: If approved by the BOCC the applicant shall complete a Nonexclusive License
Agreement for the Upgrade and Maintenance of Weld County Right-of-Way on section line 106.
To determine if a road right-of-way exists along the section line for WCR 106, determine the land patent date.
Weld County may, if approved by the BOCC, grant a Nonexclusive License Agreement for the upgrade and
maintenance of private improvement within this right-of-way. (WCR 106, section line)
WCR 17, a local gravel road is east and adjacent to the site. This road has a 60' right-of-way.
Right-of-way not previously dedicated or reserved shall be done with the final RE plat according to.24-8-35,
C3. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (23-1-90), the required
setback is measured from the future right-of-way line.
Road Access Policy:
The applicant shall access Lot A from the section line access for WCR 106 granted through the Nonexclusive
License Agreement. The right-of-way shall be a graded and drained road to provide an all-weather access.
Lot B shall utilize the proposed access from WCR 17 for residential/agricultural purposes.
If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If
the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size
your culvert.
If applicable, the applicant should show proposed building envelopes, rights-of-way and easements on the
parcel map to avoid potential conflicts (24-8-50, L, 7). The final plat map shall conform to requirements
outlined in (24-8-60)
Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or
become established as a result of the proposed development, the applicant/landowner shall be responsible for
controlling the noxious weeds. (All lots)
pc: RE 4637
pc by post: Gerald Thompson
M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4637.doc
• Name GERALZ TtiOAP of l
Case # RE- NbSI
WCR Location „t.e 17 hoGsecrloguuE
Non-exclusive License Agreement $ 100.00
Fabrication and Installation of Cross Road Sign (blue & white) $ 1;>9�Qb W���6o y'r
TOTAL DUE $ loo os
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
5/iQ(ol Documentation of Proof of Right-of-Way (Title-Co./ IS Dep ) or document of j. !6_1g03
an easement shall be provided to the Department of Public Works.
6 'a&07One (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.
6/10/07 An 8W' 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.
Clio/ The applicant shall complete a Weld County Road Access Information sheet.
07The above information shall be submitted to Weld County Department of
Public Works.
P.W. Send to Clerk to the Board for hearing date: pc/S Wednesday,
9:00 a.m. Location: Centennial Center, 915 10th Street salhe block as the
Court House.
WELD COUNTY PUBLIC WORKS DEPARTMENT
1 11 1 H STREET PO BOX 758
GREELEY CO 80632
M:\PLANNING -DEVELOPMENT REVIEW NonExclusiveLicenseAgreeForm.doc
Hello