HomeMy WebLinkAbout20062724.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY ROAD 98 AND AUTHORIZE CHAIR TO SIGN -
BEVERLY ENSLEY
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 98 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 Beverly Ensley, 512 Hanna Street, Fort Collins,Colorado
80521, 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 98 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 Beverly Ensley 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 2nd da iOctober, A.D., 2006.
E La BOARD OF COUNTY COMMISSIONERS
.,pY.• '� WELD COU COLORADO
ATTEST: gel/; � //fir,': az, 9747 .Gv
M. J. Geile, Chair
Weld unty Clerk to the •: .,
1��, EXCUSED
7 • 1 �� David E. Long, Pro-Tem
BY:
Depu Clerk t the oard /--+
William H. Jerke
APP OV AS TO F EXCUSED
Robe D. Mas n
ounty At orney
GI nn Vaad
Date of signature: I L/3//W
2006-2724
EG0054
r ', ►'cam , ELI PPL I - �g-ate
a
a� MEMORANDUM
DWI ' C
TO: Clerk to the Board DATE: September 25, 2006 COLORADO FROM:. Perry Eisenach, Engineering Division ManagergO
SUBJECT: Agenda Item
Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-
Way with Beverly A. Ensley.
The appropriate documentation is attached.
Enclosures
pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
Peter Schei, Senior Engineer
Donald Carroll, Engineering Administrator
RE-4494
M:\Francie\AgendaDonald nonex.doc
M: \Francie\AgendaDonald nonex.doc
2006-2724
o�
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 2nd
day of October , 2006, 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 Beverly A. Ensley(RE-4494),as Second Party
whose address is 512 Hanna Street, Fort Collins, CO 80521.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the West%2
of the SE '/ of Section 31, Township 9 North, Range 67 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 98 for a distance of
% mile east of WCR 13 and located as follows: 60 feet of right-of-way between Section 31, T9N,
R67W and Section 6, T8N, R67W in the 6" 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.
1111111 VIII VIII1111111IIIIIIIIIIIIIIIIIIVIII1111III!
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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.
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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.
12. There shall be a $100 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.
111111 11111 111111 IIII1III3JIIJI) t1II
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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
ATTEST: i /J d /,�; /`s°i.OARD OF COUNTY COMMISSIONERS
it 'c� f ► - /4 \ D COUNTY, COLORADO
1 „fl ��
Web County Clerk to the Board I 's" W,
By: t 4 , Lf -t_�r�. —.?e� /.7/' � �
leputy lerk Nil ti _ M. J. eile, Chair
`enter✓
(10/02/2006)
SECOND PARTY:
BEVERLY A. ENSLEY
By: hivy i
clnir ) 4/1(it2 Li!r' c/ 41vn 1
SUBSCRIBED AND SWORN to before me thi / 9 day of Sir7L Icr, 20 o6,
By At IRY/Li 4 in r i.,,
WITNESS my hand and official seal
legeaele, iAll
Notary Public
My commission expires: 3A AU/ O
M:\AG RE EMENTS\Non-excl us ivek2006\Ens ley.doc
1111111 1111 11111 1111111 1111 III 111111II III 11111 IIII IIII
3432031 11/02/2006 11:01A Weld County, Co
4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
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a Phone: (970 )356-4000, Ext 3750 Fax: (970)304-6497
Road File#: 9u8 S.L. • Date: 8-2.9-mG
RE#: Bye) 7 Other Case#:
1. AppicentName Btai ( A ' tNSlt- Phone 910- 119-3-R3 5i
Address 5/a ppm/A - S+• city F Y_02-(1)/1rni5 State(' k'OS?"
2. Addresqlar Location of Acce ,s
Section 01 Township �( Range &7 Subdivision Block Lot
Weld County Road#: Cl a Side of Road NO t H Distance from nearest intersection/b.'.
3. Is there an existing access to the property? Yes x No #of Accesses
4. Proposed Use:
2 Permanent di Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Ste Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential
OSG = Oils Gas P L.' Na- ,, n- 2 cto
D.R. = Ditch Road •.
O = House
O = Shed
A =Proposed Access
• = Existing Access
Ni AG� ,
F /ON 1-/A/i= tDAI)
OFFICE USE ONLY:
Road 9g ADT @g 9. •
Date nts
5.1..
Date
Road ADT
Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions ONE ArcraS -fee Lenset_ �4�Lrt
❑ Installation Authorized ❑ Information Insulicient
Reviewed By: Title:
CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
-7-
Name Eh sL €Y
Case # 2E 4&gg4
WCR Location cis 1 n
Non-exclusive License Agreement $ 100.00
Fabrication and Installation of Cross Road Sign (blue & white) $ 150.00
TOTAL DUE $ Zso 2°- f--
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
8.29.OODocumentation of Proof of Right-of-Way (Title Co./G18-Dept.) or document of
an easement shall be provided to the Department of Public Works.
q at 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.
8?9-0(. An 81" 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.
9-J'- cc,
f The applicant shall supply written documentation indicating the adjacent
landowners are aware that the section line will be used to access to your
property.
8-a9-Cs•The applicant shall complete a Weld County Road Access Information sheet.
V The above information shall be submitted to Weld County Department of
Public Works.
fir
/• Send to Clerk to the Board for hearing date: '
P. k , 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
INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES
WELD COUNTY PUBLIC WORKS DEPARTMENT
P.O. BOX 758
GREELEY,CO 80632
Date 9 a-f— O 4 970-356-4000, EXT.3750
,2} y� )2)r, ?ir .g[ z } n Eni 'YF r"(, +
"aka „ aI3rIIr»- , ,?„ 4,#.5�hn3 �'"=� { x„I; a"°� a�°m ).at�a„� �Rm . .. .
Applicant/Owner Email Address
Beverly A. Ensley huntpup@hotmail.com
Street Address
512 Hanna Street
City State Zip Phone Number Fax Number
Ft. Collins CO 80521 970-493-8359
Case#RE-4494 Subdivision/Case Name North County Road East County Road
13 98
Lots A and B Section Township Range #Proposed Lots
31 9 67 2
r : cI
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
1 Non-exclusive License Agreement $100 100.00
1 Fabrication and Installation of Cross Road Signs(Blue&white) $150 150.00
BEVERLY A.ENSLEY _ / � ® »i 2638 ► TOTAL DUE 250.00
512 HIWNaT..493-9359 R� 19/7 92.781313070
FORTCOWNS,CO80521
9 -/fi t6 �/(
����jj ) //�� / �/Jf�� /� '�J,(} OA'S
JAV TOTNE / / Ill '/ ✓ ` t � V 1 f $ 1$e2r
470
- 'YLLARS a a... "
NORLARCO aV
P.O.EDEOm WM 410400D
Pr.COLLINS.COLORAoo 80622
•
1:3070764361:00 000043.36111)' 2 8.
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