HomeMy WebLinkAbout20061743.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY ROAD 14 AND AUTHORIZE CHAIR TO SIGN -
EVELYN YURK
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 14 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 Evelyn Yurk,3077 East 123rd Avenue,Thornton, Colorado
80241, 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 14 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 Evelyn Yurk be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of June, A.D., 2006.
L IEz a BOARD OF t OUNTY COMMISSIONERS
c\ WELD CO/ TY, COLORADO
•
ATTEST: ILII , I , �� 452:�,� �i Chair
Weld County Clerk to the -...
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D � David E. Long, PromBY. - uty Cler to the Board - f
7 .. Jerke
AS TO FO ---Th
Roby�/�j��,rt,�'�D./ den
unty Attorney i�^ t
a G enn Vaa�
Date of signature: II I�
2006-1743
EG0054
ritMEMORANDUM
TO: Clerk to the Board DATE: June 21, 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 Evelyn C. Yurk.
The appropriate documentation is attached.
Enclosures
pc: Perry Eisenach, Engineering Division Manager
Peter Schei, Senior Engineer
Donald Carroll, Engineering Administrator
M:\FrancieWgendaDonald nonex.doc
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M: \Francie\AgendaDonald nonex. doc
2006-1743
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NONEXCLUSIVE LICENSE AGREEMENT FOR THE
UPGRADE AND MAINTENANCE OF WELD COUNTY
RIGHT-OF-WAY
u
THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this( day of
�/L(n a ,201$,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 Evelyn C.Yurk, as Second Party whose address is 3077 E. 123rd
Avenue, Thornton, Colorado 80241.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at apart of the
west %2 northwest % of Section 3, 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 14 for a distance of
850 feet east of WCR 55 and located as follows: 60 feet of right-of-way between Section 3, TIN,
R64 West and Section 34, T2N, R64W of the 6th PM. 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.
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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.
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.
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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
ATTEST: GJ�►y i/1 AA/�'(/v n ARD OF COUNTY COMMISSIONERS
�/y;� D COUNTY, COLORADO
Wel ounty Clerk to th Board 1861 fer340
By: , 1tu1 ; ^ trio. s r er
e ut lerk ' , ':d `. Chair JUN 2 8 2006
P Y M. J. Geile
SECOND PARTY:
EVELYN C.YURK
BY: 414.7 ped
SUBSCRIBED AND SWORN to before me this I day of MANE , 20aa,
By jair l/' 0 ,
WITNESS my hand and official seal
of Public Q[�o TA9 ,
s1',•
1�
My commission expires: oct . 23 `7il11� i14 •
, "A it°E1l\0 eo:
1�\ or
coM:\WPFILESWGREEMN'I\Non-exclusive\Yurk-agr.doc MY COM ISSION
EXPIRES OCT.23.2007
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INVOICE
Number: WELD COUNTY PUBLIC WORKS DEPT.
Date: 7-22-2004 P.O.BOX 758
GREELEY,CO 80632
970-356-4000,EXT.3750
To:
EVELYN MURK
3077 E. 123RD AVENUE
THORNTON, CO 80241
QTY DESCRIPTION UNIT PRICE TOTAL
1 Fabrication and Installation of $150.0 $150.00
Cross Road Sign(blue&
white)
SUBTOTAL
I4LI4V 6a > TOTAL DUE $150.00
OFFICE USE ONLY:
Road File# Other Case# RE#
Road Section Township Range
O Installation Authorized
Reviewed by: Title: Date:
RE-3825
PARCEL#147503200028
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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 #:6:).
: f'� atiorJ L-ieww f1t(,t�i4j Date: 7-7- 10 -04-
RE# : 3'(ja,� Other Case #:
1. Applicant Name C.- L a ill t'1 c - \I U 1i< Phone 303 -AL ''l—Al S-
Address 3 f '7'7 6 - 5-333 d Ave- - City %Ji 0 r 61 r 0 k State s%y Zip 10241
2. Address or Location of Access C ,,i i 4
Section 3 Township I Range 641 Li) Subdivision A) I/3 Block Lot
Weld County Road #: c,5 4 Side of Road Distance from nearest intersection 4 Pn. 4 L}U
3. Is there an existing access to the property? Yes V No # of Accesses / J
4. Proposed Use:
❑ Permanent lid Residential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
5. Site Sketch
Legend for Access Description:
AG = Agricultural
RES = Residential -I H ,
O&G = Oil &Gas (I?. Ka . /4 S,L .
D.R. = Ditch Road ' 45 ;h p: e— ce4i045 �C
O = House
O = Shed - ,�`-, RES
Z. _g.
A = Proposed Access -
= Existing Access '41
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Ni otG
v
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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:
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MEMORANDUM
Chris Gathman, Planner II DATE: June 9, 2004
WIIDGTO:
FROM: Donald Carroll, Engineering Administrator kid
COLORADO SUBJECT: RE-3825, Evelyn Yurk Revocable Trust
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are
as follows:
COMMENTS:
WCR 55 is designated on the Weld County Road Classification Plan (FHU) as a local gravel road, which
requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is
maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23,
Article III, Section 23-3-50, the required setback is measured from the future right-of-way line.
WCR 14 is designated on the Weld County Road Classification Plan (FHU) as a section line. This is NOT)
maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter22
Article III, Section 23-3-50, the required setback is measured from the future right-of-way line.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
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.
If the applicant uses WCR 14 section line for the access, the applicant shall complete a Nonexclusive License
-CAgreement for the Upgrade and Maintenance of Weld County Right-of-way.
In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot
configuration will be avoided where possible. The minimum width of a flag lot is 30 feet.
pc: RE-3825
M:\PLANNING— DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3825.DOC
Evelyn Yurk
3077 E. 123rd Avenue
Thornton, CO 80241
July 22, 2004
Robert Fritzler
P.O. Box 343
Keenesburg, CO 80643
Dear Mr. Fritzler:
This letter is to notify all property owners using the County section line access that we are
requesting a Recorded Exemption for our parcel number 147503200028, located in Section
3, TIN, R64W of the 6th P.M., Weld County. When that is granted, we will be building
another 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,
t /
om
Evel yn Y rk
ACKNOWLEDGEMENT:
7 szitit
Robert Fritzler Date
Signature
pc: RE-3825
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