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Home My WebLink About20061456.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 35 AND AUTHORIZE CHAIR TO SIGN - THOMAS AND TERI PETERSON 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 35 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 Thomas and Teri Peterson, 16786 Weld County Road 32, Platteville, Colorado 80651, 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 35 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 Thomas and Teri Peterson 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 31st day of May, A.D., 2006. BO4Lr UNTY COMMISSIONERS / 4 \WELD , COLORADO ATTEST: At, r r . _ David E. Long, Pro-Tem BY: De ty Cler o the Board 7 -Ii1—t, Wil m H. Jerke AP V AS TO (�k�\7 Robert DMaden ,ounty Attorney fAd, C 131* Pal' aAA of signature: 2006-1456 EG0054 �� AO/ fi 1919,L p-40-0b MEMORANDUM ' C. TO: Clerk to the Board DATE: May 19, 2006 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engine SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Thomas E. and Teri L. Peterson. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Peter Schei, Senior Engineer _ Donald Carroll, Engineering Administrator M:\FrancieWgendaDonald nonex.doc M: \Francie\AgendaDonald nonex.doc 2006-1456 015 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this ,S1 day of 2006,by and between WELD COUNTY, COLORADO,by and through the Board of County C&nmissioners of Weld County, Colorado,whose address is 915 Tenth Street, Greeley, Colorado 80631, as First Party, and -rg r-s s E *NO Teici L. PETE Rsei.l ,as Second Party whose address is 11. 1 B fig Ca 37. PLAZVEVILLE Co. 8O651 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the �AST4I;ALF ec r4}E tslennaEAST c*nimof Section Al ,Township '5 North,Range (lb 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 35 for a distance of 4'5b't 504TH of WCR 33�t and located as follows: b O PEZ' of MT -og -vJAH between Sections 23 and ay,Township 3 North,Range 4(p 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. 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. 1 1 111111 11111 11111 1111111 1111 1111 111 III 11111 1111 111 3398075 06/22/2006 01:3913 Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder a?oae--iy514 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 I.,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. 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 2 1111111 11111 11111 1111111 1111111111 11111 III 11111 IIII IIII 3398075 06/22/2006 01:39P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 11I\ liii II%IN 111111 In 111111111111 till 8075 06122/2006 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: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO 1, yy Al�thST: £L//4M" ' � I' i(2 !s� ,I �.';- Cler .. the Board •'" By: / ' Deputy f• k outiRrtrec, . . Geile, Chair MAY 3 1 2006 SECOND PARTY: NAME 1.4e)t-t* E . FtTERsoti1 NAME 'rent LL.l�it7ETRSo+J By: /�U°Ia�..^—X-- By: —Ceti OS r l�C. AZIC ►— ArYll SUBS RIBED AND SWO to b fore me this day of 710y._ ,2006, By cs /2t WITNESS my hand and official seal i6 Notary Public �/My commission expires: `6 y, /6' RV P M:\WPFILES\AGREEMN Woncxclusive\AGREEMENT FORM.doc RUTH E. '; W0NENBERG 1 11111111111 11111111111 111III II III 11111 1111 V I I I 3398075 06/22/2006 01:39P Weld County, CO 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder �2oo6-i1Sh ulc a -- "14 ', i y4 fi; w` t f^ few .' v& 4 ' t, �'{d{t A N ,1 5- 1 1 1,1 ''.4;-. .t1/4..Y 1 t, at -1 ! 41uy. G t 4-I ' N4•-F".' fi FF R' i _ ' y y '. ) fi f!. k j. £ b - y T ' I PI r 6R iii .fit �,q 'R,Y . ` a 2 i s 4 . i g AlY =? 3 _. -. " fir ; y q } { I 4t {p } to `� }�,yt.' 1k. + "S', "" 4 "-c" g}+'I ;1 ' 444L /)/ a �t, a y Y may. �. JI a�i r yi `i 4. a2 W ,{i r — e 1 } v J BUY : f 7 — A' 3398075 1:39P CO •; , 5 of 5 R06/22 0. D .00 Steve Mc WeldrenoCounty,Clerk & Recorder • x • " 5-9-cp Thomas Peterson 16786 CR 32 Platteville, Co. 80651 May 9, 2006 Sally Ann Miller 14064 CR 30 Platteville, Co. 80651 Dear Madam: This letter is to notify all property owners using the County section line access that we are requesting a Zoning Permit Mobile Home (new MFG home) for our parcel number 121123000028 located in Section 23,T3N, R66W of the 61"P.M.,Weld County. When that is granted, we will be replacing another residence on the parcel. The reason for this notification is that it will add traffic to 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 ZPMH (new MFG home), 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. Sincerel , j Thomas Peterson ACKNOWLEDGEMENT: Signature Date pc: ZPMH-2483 M:\WPFILES\DON-GREnotify.doc r--- . • • Township No. 3 . of Range No. 66 1Yest of the 6th .Principal Xeridion. 4,-ia-qA 1L morn¢. 6<•; .j76 ...r, al.r. i , . _•6 i s - a--- i 1. y �. CA, rJ G' G'` t4 ! 3 .s • _ — --. A S1 �: '�' ry' 5 '') N I \'1'' A. i lb _ .. i 1.0 tit- -t2-" -- - fi _ y v- i a1 c,1 ! i h o, ! P4) i t • ' ; 14 7 ; 1../ ‘17 _ 32 r ,.1. J w 9� a � al!_::,,,' q,� • a_•. id) o° Y J A4 X03 �D� ! A �^ �. v s �^Y it. i ,�,�, ' �� gypI ; 03 I o;6 41 1 ,/ if ( '5" n • M _ -- _ '.I o.,- 29 ,{ -- ag-- i - L ,� 3 ? • a 3t. ti a ,f), 9 6 k a , 3_II?-O ci ''',... . ..: _-_ —i-•----------34-- _ —_'90- 3r t - r' � + q�.`^ I LA,lb i �� •° • 7 4if- A \� �`l ik t pi, ^v .l U r'� k ..-..D ' o D e yd .enotr• ItF:1�RIiFN��t'- � /` h-Entered Lam La.�~ h 4, n—lLun Wnl Entry. its L—•Ihcemtaion I+liw- , i t 4-TimtMr Cult urn Entry. + ia,nrl.ew.uLtxrw iw mr,rlre,l nro want. ,y__t i 4 - 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 Road File#: 35 S •L • Date: 3-07;-06 RE # : —rr Other Case #: zoinb4— 748,5_1. Applicant Name IA r 5 d 1&i hekC.5O ) Phone Address 109811 CPL 3a City P/A4e.)•fie State C° Zip 806S ( 2. Address or Location of Access 16 9 89 G/2 3? Section 23 Township 3 Range (e(P Subdivision Block Lot Weld County Road #: 35 S.L . Side of Road WEST' Distance from nearest intersection 247': Son. of woe yz 3. Is there an existing access(es) to the property? Yes X No #of Accesses 4. Proposed Use: )EL- Permanent )4, Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road WCIZ 3a = House = Shed A = Proposed Access • = Existing Access NT ****************************** OFFICE USE ONLY: Road 35 S.L . ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- INVOICE Number: PUBLIC WORKS PERMIT APPLICATION DEVELOPMENT IMPACT FEES Date: WELD COUNTY PUBLIC WORKS DEPARTMENT P.O.BOX 758 Account/Fund: GREELEY,CO 80632 970-356-4000,EXT.3750 APPLICANTOS) Applicant Owner T4o.a*S E. 4.au TERI L . V£TETtsot-J Street Address u.18to CR 32 City State Zip Phone Number Fax Number hgR�IUE Co 80fo51 739- SSoI Subdivision Name Case# _ z PM Il- 2483 Lot(s) Block(s) Sections(s) 23 Township(s) 3 Range(s) G F Area in Acres Existing Zoning Existing Use of Property Number of Proposed Lots L.,A, - icy at.rt Acted, Res i - '' w�f �. 4.1-4,,,,,,,,,,,,4P^T 'z .,�1 '' : _ 9' e - w. yy!'t s, a ,t , y° ,S V. xl ,. k 's @,t .a,x�s tY4 l"k. Gill il.. r 2, ',.--1 t--,22; tl A g 4 �^�.-`$\..,:'-,,,,22,3-":!•` ^rd ,3-":! ,,,,,,Art TOTAL P ,i>Te � *('+ yf ^gym'^ " '""dism a Vin` +� gt�. r. `,Tv v. w p4.;,,, 4 *' 0,..,,- ,9 °n tr ',Vi ,yb +.t �`'t lot �p, @�. r 1 5 wed as�. . '`fib . °wsp tsilL �� -",,sat",, ina plot p pM+ 4yp n P ::',..44,7,"'iA v 00 SYN MfLM sf ! Y I f 4 eaiIV10 ', i , ,, . 00 -e-4,,,,:.; a 00 a+ �, '" : .. , "9^' ' 5 X00 $100.00 I0O p° 1 Non-exclusive License Agreements Fabrication and Installation of Cross Road Sign(blue&white) $150.00 vjAI V ED % Ey.IyTIPJ " SUBTOTAL Ioo 00 TOTAL DUE 1 O 0 -- Reviewed by: Title: Date: ❑ Cash o Check # o Money Order # By Date: M:\PLANNING—DEVELOPMENT REVIENNNVOICE-PLANNING.doc Hello