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Home My WebLink About20060219.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCEOF WCR 57 ANDAUTHORIZECHAIRTO SIGN-ELIZABETH SAUTER 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 57 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 Elizabeth Sauter, 14800 Harback, Keenesburg,Colorado 80643, 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 57 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 Elizabeth Sauter 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 16th day of January, A.D., 2006. ti is:"‘f-* BOARD OF COUNTY COMMISSIONERS { ..- r�- "<.)' ELD COUNTY, COLORADO (x ATTEST: at, ' t 6 I��,, zi ,*, 1� eile, Chair Weld County Clerk to the = r. f2b / C� �jA il O-1, ECi , h1 . David E. Long, Pr-Te De uty Cf�rk to the Bdrd /1 William H. Jerke </ P7PF ED AS RM: EXCUSED Robert D. Masden County Attorney EXCUSED Glenn Vaad Date of signature: ' lit btF, 2006-0219 EG0054 NI- Pi-, Pw, ApWL D.;2-0.3 4.2 4Hti `‘irts-1- MEMORANDUM 'DC. TO: Clerk to the Board DATE: January 9, 2006 COLORADO FROM: Frank B. Hempen, Jr., P.E. fi/A Director of Public Works/County Engineer SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Elizabeth S. Sauter. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Donald Carroll, Engineering Administrator M:\FrancieWgendaDonald nonex.doc M: \Francie\AgendaDonald nonex. doc 2006-0219 • 502 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of ,200 ,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 Elizabeth S. Sauter,as Second Party whose address is 14800 Harback,Keenesburg, Colorado 80643 WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at Part of NW'/a and SW '/o (Parcel # 147523300012) of Section 23 in Township 1 North, Range 64 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 57 for a distance of 3/4 mile north of WCR 6 and located as follows: 60 feet of right-of-way between Sections 22 and 23, Township 1 North, Range 64 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 Partyas 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. 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 1 1111111 11111 11111 111111 111111 11 11111111 III VIII IIII IIII 3357502 01/25/2006 01:08P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder �o�_ Oc,2) 9 • • • 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 l., 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 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, 2 1 111111 11111 111111 111111 11 13111 III 1111111111111 3357502 01/25/2006 01:08P Weld County, CO 2 0l 5 R 0.00 0 0.00 Steve Moreno Clerk & Recorder 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. HBO 11111 11111 111111 111111 1111111111111 11111 111111 3357502 01/25/2006 01:08P Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3 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: eigel adif s"�'� N �fi.. Clerk to the Board test � I"-- • /Wit By. n 9 a � i 41;77_, ': 1.1 Depu Clerk t � P` .rM, J. Geile, Chair JAN 1 6 2006 Jr. SECOND PARTY: ELIZABETH S. SAUTER By: SUBSCRIBED AND SWORN to before me this ,5day of �( (lt X c , 20C 5 By ELiz)-4, i✓ -5 .Sctui ' /I WITNESS my hand and official seal (;/c(C .'6 f lz(j/;C /I[ Notary Public PAMELA R. BAUMGARTNE NOTgRy PUBLIC My commission expires: STATE OF COLORADO /) _� 2(/‘,F My Commission Ex Aires 12/16/20c. M:\WPF[LES\AGREEMN\Non-exclusive\Parent-ag.doc 1111111 VIII 11111111111111111II ENE III VIII11En 3357502 01/25/2006 01:08P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 M .: d .3 Y O'I"p Tl a i e ,, r 44; r, -..r� P [' 4 fig" i it y v1 %%!! ..4'. 41 r ',., "4- ',: iES.s ( ,--,c42-7.4-Alt„- , � T k p 1 :---•,1$1:--- $ q ' i+ � a ! �! sacs 1 IIIIII III IIII 111111111111 II III1111111 IIII IIII 3357502 01/25'2006 01:08P Weld Comity, CO , 'Cr t= '- t 5 of 5 - Iii • iii repo Clerk Recorder ,,,i'`+ ,; .r.1,,1-:#1,1471•‘k. 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' - li �, ‘V 1 0 , , ' \ 2aa p 2a r 2b r 1 2b n.-, G e,tid M p ' 0 o n• 017 03 .Z,Y iil 1 x�.y'k R J34 10, • - - � 4 � ��_.�_ yyn g.._ _ 1I 1-II-1701 ji . r 3s. 34 1 I I r a I R4 tl lil CCS. e 53 eo.,n. Catered1 to I Laud II Itum F,,. '7j [ands nil oWenn.nvYnl are rvmnt. • Elizabeth S. Sauter 14800 Harback Keenesburg, CO 80643 Phone: 303-815-2731 November 28, 2005 Shellane Henderson Trust 1968 Carlson Road Parker, CO 80138 To Whom It May Concern: 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. 147523300012 (RE-4284) located in Section 23, Township 1 North, Range 64 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, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature Elizabeth S. Sauter item 4 i Restricted Delivery is desired. 0 Agent a X 0 Addresser Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) C. Date of Deliver) • Attach this card to the back of the mailpiece, or on the front if space permits. - `� S ACKNOWLEDGEMENT: D. Is delivery address different from item l? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No authorized signature 16$ C Rd, • '%2 e'l,v 3. Type GdCertified Mail D Express Mail 0 Registered 0 Return Receipt for Merchandise Print name [ 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes pc: WCR 57 file No Lase No. RE 4284 7005 1820 0002 5290 1152 PS Form 3811,February 2004 Domestic Return Receipt 102595-02.M-154 M:IPLANNING—DEVELOPMENT REVIEW\LetterToLandowners.doc MEMORANDUM CTO: Jacqueline Hatch, Planning Services DATE: November 28, 2005 COLORADO FROM: Donald Carroll, Engineering Administrator SUBJECT: RE-4284, Elizabeth Sauter The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) WCR 6 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road IS/IS NOT maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. Section Line Access: (right-of-way), To determine if a road right-of-way exists along your section line, 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 57) The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way. (WCR 57) / REQUIREMENTS: 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. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. pc: RE-4284 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4284.doc .s� 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#: 57 5d Date: /t '/7 -"— RE# : 426r Other Case#: 1. Applicant Name N 21913 E. Tel S Phone Address / kV o -12. City Xtf4-4-: 3=tI State c' Zip 604, y 2. Address or Location of Access C'p 6 6 /7 Section 3 Township I til Range 4q cc) Subdivision - Block --- Lot Weld County Road#: b Side of Road 11 Distance from nearest intersection.. / 3. Is there an existing access to the property? Yes ✓ No #of Accesses 4. Proposed Use: 1C! Permanent A Residential/Agricultural ❑ Industrial U Temporary ❑ Subdivision ❑ Commercial O Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road D = House O = Shed A = Proposed Access • = Existing Access NT t.,rr 8 ,ic-r A �+ • 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 6y: Title: -7- sr!"..)r 1 f• v - c Name s A 7-E7t- COPY Case # ' :54. WCR Location57 ;'r, Non-exclusive License Agreement $ 100.00 Fabrication and Installation of Cross Road Sign (blue & white) $ 150.00 TOTAL DUE $ 2So oo NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL I•a.Q•o‘ 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. I-moo` 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. /)--.28.0 ; An 81/2" 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. 1-6 Oc. The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. lb oS The applicant shall complete a Weld County Road Access Information sheet. )- b-o!o The above information shall be submitted to Weld County Department of Public Works. Get, %5AN.1 w • 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\NonExclusiveLicenseAgree-Form.doc Hello