HomeMy WebLinkAbout20062242.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY ROAD 102 AND AUTHORIZE CHAIR TO SIGN -
JEFFERY AND RHONDA THOMPSON
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 102 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 Jeffery and Rhonda Thompson, 31330 Weld County
Road 18, 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 102 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 Jeffery and Rhonda Thompson 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 16th day of August, A.D., 2006.
�1 BOARD OF OUNTY COMMISSIONERS
'1WELD CO TY, COLORADO
ATTEST: G1 aD T ,' , o/c_�
IL
11 i;;� .� . J. eile, Chair
Wel ounty Clerk to the e• Rs
KF,C , „ya EXCUSED
"� -� - -I David E. Long, Pro-Tem
BY: A /
Dep Cler o the Board r
Willis Jerke
APP DASTO •
2 z Robert . Masden
ou Attorney EXCUSED
I Glenn Vaad
Date of signature: Lil
2006-2242
EG0054
(�n ; Pk), PL, L 01 -a<o
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i MEMORANDUM
ITO: Clerk to the Board DATE: August 9, 2006
C.
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 Jeffery W. and Rhonda S. Thompson.
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
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M: \Francie\AgendaDonald nonex.doc
2006-2242
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NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 3 1
day of Cruil , 2006, by and between WELD COUNTY, COLORADO, by and
through the Boald of County Commissioners of Weld County,Colorado,whose address is 915 Tenth
Street,Greeley,Colorado 80631,as First Party,and Jeffery W.Thompson and Rhonda S.Thompson,
as Second Party whose address is 31330 WCR 18, Keenesburg, CO 80643.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the (RE-
4470) South %2 of the SE 'A of Section 22, Township 9 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 102 for a distance of
1/2 mile West of WCR 57 and located as follows: 60 feet of right-of-way between Sections 22 and
27, Township 9 North, Range 64 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.
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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 ofthis 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 ofthis
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: /L, I Ja E t* BOARD OF COUNTY COMMISSIONERS
/,1�' ELD COUNTY, COLORADO
01
Weld unty Clerk to the Bo Ise, a`z
s.yY iThBy: L{ ) LtL°t a� y: di�
y
eputy Jerk q, v M. J. Geile, Chair AUG 1 6 2006
SECOND PARTY:
JEFFERY W. THOMPSON RHONDA S. THOMPSON
By.:....a.... .1 4-r 6. By:
SUBSCRIBED AND SWORN to before me this 3/$4- day of SLci/ , 200(0,
By SeFF 7N-ontiP= '3JgMN44- 7&4AP-5 )
WITNESS my hand and official seal VICKIE FORsgs
Notary RubNc
Stale of Colorado
/4; Notary Public
My commission expires: D7/13/Zoo cc
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: 7-i9-ot.
1111 H Street, P.O.Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497
1. Applicant Name JEFF I44a&wtorJ Phone 303—yrs,- 3o S9 bag..
Address RI43o uWU%IR City*Ex r&S BUPA State Ca_Zip AAG4/3
2. Address or location of access Range Lf/
Section tit Township 4 Block Lot
Subdivision el County sinf Distance from nearest intersection w�t
Weld Road #162 S.L. Side of Road K•3. Is there an existing access to the property? Yes No X #of accesses
Lo+A-
4. Proposed Use:
.Permanent 6C Residential/Agricultural O Industrial
O Temporary ❑ Subdivision O Commercial O Other
•
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iY1�'IIYfY"!i`MMMC
5. Site Sketch
Legend for Access Description: I I HAG = Agricultural )
RES Residential
O&G = Oil&Gas
D.R. Ditch Road
CI = House
p = Shed (.
V
IA
Es =Proposed Access y
V A = Existing Access i d
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OFFICE USE ONLY: Date Accidents Date
Road ADT Date Accidents Date
Road ADT Length
Drainage Requirement Culvert Size
Special Conditions
❑ installation authorized ❑ information Insufficient
Title:
Reviewed By:
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INVOICE
Receipt No. PUBLIC WORKS PERMIT APPLICATION
DEVELOPMENT IMPACT FEES
Date7/25/2006 WELD COUNTY PUBLIC WORKS DEPARTMENT
P.O.BOX 758
Account/Fund: GREELEY,CO 80632
970-356-4000,EXT.3750
APPLICANT(S)
Applicant Owner JEFFERY W.AND RHONDA S. THOMPSON
Street Address 31330 WCR 18
City KEENESBURG State CO Zip 80643 Phone Number Fax Number
303-732-4734
Subdivision Name------- Case#
RE-4470
Lot(s) A&B Block(s) Sections(s) Township(s) Range(s)
22 9N R64W
Area in Acres Existing Zoning Existing Use of Property Number of Proposed Lots
34.9/41 f ACRES AGR AGR/RES 2
JEFFERY THOMPSON 1020 4 as
RHONDA THOMPSON *, \ CE TOTAL
P.O. BOX 515 b, e
KEENESBURG, CO 80643
'Y'iwk �„k., q
l :le;;; �,�y,
. ._ 2 8� " 1 1 V U 1
Pay to the ord• f :: - _ - „, 0.00/lot
;Se
k 0.00/lot
- r
500 00
AND TALFST COMPAN1l ,�& Mz t ,,.m F. : `
oexven,,coamm s �°do.�.;: '3 � ,
aaa=x�a-vaoo
X6.180.00
'li�errw /
!: 1020009661: 400um131632°' 4729 +.180.00
_ .., s Yw 'i 3�"F'v ", 3". '"'�, ra ,mvr?„ {:w i '�.e+..+,75 'i url.'=,a4`J`.A+°a ..k k a `'A . ^a"� R••180.00
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:
o Cash o Check # o Money Order#
By Date:
M:\PLANNING-DEVELOPMENT REVIEW\INVOICE-PLANNING.dac
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Jeffery Thompson
31330 WCR 18
Keenesburg, CO 80643
303-732-4734
July 25, 2006
Brian Turrentine
50009 WCR 57
Ault, CO 80610-9211
Mr. Turrentine:
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. 045922400010 (RE-4470) located in
Section 22, Township 9 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 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,
MIS
on_
Jeffery W. Thompson Rhonda S. Thompson
SEN�E•: C�M•LETETHISSECTI•N C•M'LETETHISSECTI•N •N •ELIVE'Y
• Complete items 1,2,and 3.Also complete A. gn re /n/�
item 4 if Restricted Delivery is desired. I I(L..v_. O, ent
• Print your name and address on the reverse ■ Add ssee
so that we can return the card to you. B. Received by(Printed Name) C.•. of r=livery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item l? O ':s
1. Article Addressed to: If YES,enter delivery address below: O No
•
CZR--1OM)
-
s oo 9 LA-1 crc4- S'7
/t 3. Service Type
-t. (4 C O Certified Mail O Express Mall
Tom` O Registered O Return Receipt for Merchandise
q)6/O /(O/O '�1I( ❑ Insured Mall ❑C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7005 3110 0001 3739 0754
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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Jeffery Thompson
31330 WCR 18
Keenesburg, CO 80643
303-732-4734
July 25, 2006
Eugene Calidonna
115 6 Street
Seal Beach, CA 90740
Mr. Calidonna:
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. 045922400010 (RE-4470) located in
Section 22, Township 9 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 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,
Jeffery W. Thompson Rhonda S. Thomos?n
$EN�E': C�M•LETETHISSECTICN CCM•LETETHISSECTI•N •N .ELIVE•Y
• Complete items 1,2,and 3.Also complete A.
El Agent
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse �y_. _ ❑Addressee
so that we can return the card to you. B. Received bYkltp •Jdame) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery addresslifferent: m item 1? O Yes
1. Article Addressed to: If TES,enter dallteiyladel.e. below: ❑ No
t S S ' sl/Ltd, (11/41
3. ServCertifiedice Type
/4'( CA.,.• ❑ Mail ❑ Express Mail
O Registered ❑ Return Receipt for Merchandise
90 51O ❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. ArtideNumber 7005 3110 0001 3739 0761
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
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