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Home My WebLink About20061387.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 81 AND AUTHORIZE CHAIR TO SIGN - BRIAN AND GLORIA RIDNOUR 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 81 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 Brian and Gloria Ridnour, 3329 North County Road 9, Fort Collins, Colorado 80524, 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 81 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 Brian and Gloria Ridnour be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 22nd day of May, A.D., 2006. BOARD OF UNTY COMMISSIONERS ELa WELD CO , COLORADO ATTEST: g 777 `' k2 J. • e, Chair Weld County Clerk to the N� \ J �� ey t ji r\. David E. Long, Pro-Tem BY: deli 1 ,It f2 D ty Cle rK to the Board EXCUSED William H. Jerke APP D AS TO FO EXCUSED Robert D. M sden Attorney AAA j l 3 �� Glenn Vaad' Date of signature: ( I 2006-1387 EG0054 or r. Pw, PL, 4f'f - ©b a?-0ce rata MEMORANDUM "Elk TO: Clerk to the Board DATE: May 15, 2006 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Brian W. and Gloria J. Ridnour. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Peter Schei, Senior Engineer Donald Carroll, Engineering Administrator M:\Francie\AgendaDonald nonex.doc M: \Francie\AgendaDonald nonex.doc 2006-1387 064 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this ;Co?I' day of J 11 t. , 2006, by and between WELD COUNTY, COLORADO, by and through the Boardlof County Commissioners of Weld County,Colorado,whose address is 915 Tenth Street, Greeley, Colorado 80631, as First Party, and Brian W. Ridnour and Gloria J. Ridnour, as Second Party whose address is 3329 N. CR 9, Fort Collins CO 80524 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at (RE-4391) the Ease V2,Northeast 1/4 of Section 15, Township 6 North, Range 62 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 81 for a distance of one mile north of WCR 68 and located as follows: 60 feet of right-of-way between Sections 14 and 15, Township 6 North, Range 62 West in the 6th P.M. 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. 111111111111111111111111 III111III 111111 III 111111111 1111 3398064 06/22/2006 01:39P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder &aL -43F7 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. 1111111111111111111111111111 IIIII IIIIIjI ;ItiIiI IIIIII till Wld CO 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 6. 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. 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. 1 1111111111111111111111111111111! 11111111111111 III! 1111 3398064 06/22/2006 01:39P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: ,1 %•/• many ATTEST: , i ., , r zit.-��jl' I OF COUNTY COMMISSIONERS ' � D COUNTY, COLORADO N *( \,. I Wel ounty Clerk to the Board �� By: \_ YU' 1 N-GC) By: ?�fj� 0(l J eputy Clerk . . Geile, Chair MAY 2 2 2006 SECOND PARTY: BRIAN W. RIDNOUR� GLORIA J. RIDNOUR By X......./ BY: .h a,._.c• _ A c'-7 tcinxx.�. SUBS ED AND SWORN to before me this 9 day of 20 0�, em O. .... A RC • —tr,WITNESS my hand and icial I 5 4e .O1/49). V ens Ser,k %IWO O Sa b. . .ie .7trAlic ioiO i CO'�� My commission expires: Z, ,) _6,q M:\A \AGREEMENTS 2006\Ridnour.doc 1111111 VIII 11111 1111111 IIII 11111 111111 III VIII 1111 IIII 3398064 4 of 5 R 0.00 D 0 Steve Moreno Clerk .00 & Recaer 0706,6 -1317 4 �R „ A 1 j 4g "Li-, ti. y'� ie 4¢-} } t a Y-. - t .y '4 ' i "�'/ y f r q y Ik '�' y -S �i` 't 3 11 y -1 x _ A if A i .+f' !4--;;;" kF StV k ''' a ' 3 L c S•V 1`i A. 9" ' A1/4 *J , 5 ` '.�-< fir, 35Y. `I '' ‘‘ ti E k '� 5. t y + k g 1:4} 1 a rgrh s _ apJ� rim µ)` ..;*'1:1111 } .14 t j�. "} v Tx • 43 4 �ut� "71.'11,'iii,'&: • �$3 c e I ₹ y„ ' . f� S 1 N g� �_ a,. 791' hb }ei t : ; p 4 A*If 1 n 1 il } F yip y,.•?w } r ,� y r .,mr ""� 6 •• its rt 4` e s 7 v . :3 `4441,..;,!,- hi f '99"` ffi ,-Ira 1 k `tt 4 w-+r t r h l i .4.1Y` 3 -% Ft+ f _ Age t s� i. :"" tip a' f q igr - : v : 3ix .-:13.'.' .. . j�r1 •, ;p •••11,1,1•1• _?.s ,,r,,`,s4,r-�.+�. left 2. ' taws IIIIIIIIII1111111IIIIIIIII111111IIIIIIIIIIIIIIII rrr . .4 , �- u . , 33980 i , - .S ' � m.3a- , 3398064 06122/2006 01:39P Weld County, C0 .,Y.� . 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder rte + , :$ ' 'i# t' __ . W +Y WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 4-5-o fo 1111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name 13alAa W afuo Glov'icc Pic-lnockR Phone 970 493 lb9to Address 33 a.5 N. CR ct City FT Co flirts State Co Zip AO 5a4 2. Address or location of access Section I5 Township ro Range toa- Subdivision Block Lot Weld County Road # (31 St. Side of Road klo041, Distance from nearest intersection `X t I to6 3. Is there an existing access to the property? Yes No V, #of accesses 4. Proposed Use: '1j Permanent '4. Residential/Agricultural 0 Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other rw+++rww++ww++r+wwr++rrrrww+rwrw+++r+w++rrrwr+rrwrw++www+rrwrrrrrwwr+rrrrsw++rrw+r+++rrwr+r+rrrwww+rrrrww++++www++ww« 5. Site Sketch Legend for Access Description: I AG = Agricultural --I Cxtlo5•c• RES Residential O&G = Oil&Gas 4oTN D.R. = Ditch Road O = House O = Shed LoT 8 A =Proposed Access • = Existing Access ut SEC 15 Sec 14 S r n 1 v • N )? 1 rww++ww+wetwee+w++w+wew+e+rwrwrr++wr+++wwr++werr+rwwwwr+rwwr+++wwww++++xw+++++wwr+++rrew++++++++ww+r+rww++++++r+++rw++ 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: 6 Brian W. and Gloria J. Ridnour 3329 North CR 9 Fort Collins CO 80524 April 11, 2006 Carl Hale 39740 WCR 68 Briggsdale, CO 80611 Mr. Hale: This letter is to notify all property owners using the County section line access that we are requesting a Recorded Exemption for our Parcel No. 079715000006 (RE-4391) located in Section 15, Township 6 North, Range 62 West of the 6`h P.M., Weld County. When that is granted, we will be using the section line for access to our residence on the exemption parcel. The reason for this notification is that it will add another residence sharing the current access road, 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, Brian W. Ridnour Gloria J. Ridnour wings`` %% %%% %% %%%%% %%% ACKNOWLEDGEMENT: �� Niter, Fay ' % < 0.• O aou 1. Pc'?" - O `` authorized signature '00 0)-•••••—• �.�. ,'4OF `'t Print name Date117 pc: WCR 68 file section line access 01 Case No. RE-4391 Brian W. and Gloria J. Ridnour 3329 North CR 9 Fort Collins CO 80524 April 11, 2006 Tim Ridnour 40550 WCR 70 Briggsdale, CO 80611 Mr. Ridnour: This letter is to notify all property owners using the County section line access that we are requesting a Recorded Exemption for our Parcel No. 079715000006 (RE-4391) located in Section 15, Township 6 North, Range 62 West of the 6th P.M., Weld County. When that is granted, we will be using the section line for access to our residence on the exemption parcel. The reason for this notification is that it will add another residence sharing the current access road, 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,,-LekSZBrian W. Ridnour Gloria J. Ridnour • gull Mg ROT i"u -10 ACKNOWLEDGEMENT: 4 y 9,�ti<.(�y Com+a;csh '- �: N MA00 O authorized signature a'`&`"-- Th.OF COV0Q`,• ��%%main%% Print name Date pc: WCR 68 file section line access Case No. RE-4391 INVOICE Receipt No. PUBLIC WORKS PERMIT APPLICATION DEVELOPMENT IMPACT FEES Date: 4/11/2006 WELD COUNTY PUBLIC WORKS DEPARTMENT P.O.BOX 758 Account/Fund: GREELEY,CO 80632 970-356-4000,EXT.3750 APPLICANT(S) Applicant Owner BRIAN W.AND GLORIA J.RIDNOUR Street Address 3329 N. CR 9 City FT. COLLINS State CO Zip 80524 Phone Number Fax Number 970-493-7096 Subdivision Name Case# RE-4391 Lot(s) A&B Block(s) Sections(s) Township(s) Range(s) 15 6N R2W Area in Acres Existing Zoning Existing Use of Property Number of Proposed Lots 80±ACRES AGR AGR/RES 2 Mt BRIAN W.RIDNOUR( GLORIA J.RIDNOUR 11W1�B2-136/1021B2-136/102147O5 TOTAL PH.970-493-7096 /`, 3329 IDDI GS RD. DATE 5/ !(°j Q 6 FORT COLLINS,CO 80524 (( PAY TO INP! I $ Z 5O, $ THEO F X6.2O ----/// �'V . )LCARS L J 17. I o.r_.... nfii 1291 Main Street , FIRST NATIONAL BANK W'(970)serroweGG80550 MEMO 'er/s1JJ �9/y lwal ica 74,0 A. .11- 1- �``—M I: LO2LOL c10.: LL"nL04L"O" 11705 1 Non-exclusive License Agreements $100.00 100.00 1 Fabrication and Installation of Cross Road Sign(Blue &white) $150.00 150.00 SUBTOTAL 250.00 TOTAL DUE 250.00 Reviewed by: Title: Date: ❑ Cash % Check # o Money Order # By Date: M:\PLANNING-DEVELOPMENT REVIEW\INVOICE-PLANNING.doc Hello