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Home My WebLink About20062611.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 16 AND AUTHORIZE CHAIR TO SIGN - KEVIN AND HEATHER WILLARD 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 16 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 Kevin and Heather Willard, 6876 Weld County Road 47, Hudson, Colorado 80642-9404,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 16 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 Kevin and Heather Willard 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 18th day of September, A.D., 2006. BOARD OF COUNTY COMMISSIONERS 4 \ WELD CO NTY, COLORADO ATTEST: Lf ,I M. J. le, Chair Weld County Clerk to the David E. Long, Pro-Tem BY: O1 Ili 1 L'24t, Dep Clerk the Board W iam H. J rke APPR AST • Robert D. Masden y tto ey EXCUSED I��/� Glenn Vaad ate of signature: l 2006-2611 EG0054 e e Pub 40,E MEMORANDUM ' C. T:o:::::::pen, DATE: September 13, 2006 COLORADO 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 Kevin D. and Heather M. Willard. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Peter Schei, Senior Engineer Donald Carroll, Engineering Administrator Jacqueline Hatch, Planner RE-4413 M:\Francie\AgendaDonald nonexdoc Ii M: \Francie\AgendaDonald nonex. doc 2006-2611 • 90 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this (p day of Sep}u-,-. , 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 Kevin D. and Heather M. Willard(RE-4413),as Second Party whose address is 6876 WCR 47, Hudson, Colorado, CO 80642-9404. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the PT NW4, NW4 of Section 36, Township 2 North, Range 65 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 16 for a distance of 1000±feet east of WCR 47 and located as follows: 60 feet of right-of-way between Sections 25 and 36, Township 2 North, Range 65 West in the 6`h 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: 0 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for - d any reason,but such revocation shall not prohibit Second Party's continued use of the ROW - ac °a for access to Second Party's property,to the extent that such continued use is consistent with m the right of the public to use the ROW. First Party shall give Second Party written notice of - C1 its intent to revoke this Nonexclusive License Agreement at least ninety(90)days prior to the = ocp 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 c.(y Party's change in address from his address written above. �C= or_o O cp0 OO -CC 1 �Tcc wim co� =0) a, N O -- 1- 6;7OO6 • 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. 2 I 111111 I I I I 1111111111111111111111111111111 11111 I I I I I I I I 3423948 10/02/2006 02:26P Weld County, CO 2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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. 3 11111111111111111111111111111 IIII111111III 11111 III! IIII 3423948 10/02/2006 02:26P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: ATTEST: 4001.1".."•%, :OARD OF COUNTY COMMISSIONERS 1 • _ DD�� 1'N• a\ LD COUNTY, COLORADO ti :Wel ounty Clerk to the Boari l 1261 r ow eputy -rk "s` 1 M. . Geile, Chair amitamar- SEP18 SECOND PARTY: KEVIN D. WILLARD HEATHER M. WILLARD By: Y1( i SLA BY:Y4at1 CahC(, SUBSCRIBED AND SWORN to before me this G day of SP pi-ent'>efr , 20% , B tttp w�s t ooi1s n WITNE `Qry�'r•hand.Sfficial seal tAs m` i t o rei,% I _,_ ;7e pUBLIG Notary Public IIvit 601m*.rexpires: b 3o ,0i'4. M:'AGREEMENTSNoncxclusivc12006\W illard.doe (IIIIII VIII VIII IIIIII IIIIII it tilt III VIII lit It 3423948 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk C& Recorder 4 &OU� - �// Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1 Weld County Public Works Department ( r /rmai 1111 H Street Mailing Address: IIGreeley, CO 80632 P.O. Box 758 Ink Phone: (970) 356-4000 x3750 Greeley, Colorado 80632 COLORADO or (970) 304-6496 FAX: (970) 304-6497 RECEIPT Application/Permit Number: NP06-00096 Application/Permit Type: Miscellaneous/NA Applicant Name: Kevin & Heather Willard Applicant Address: 6876 WCR 47 Hudson, CO 80642 Receipt Number: 1292 Payment Method: Cash Reference Number: Amount Paid: $250.00 Payment Date/Time: 09/07/06 12:09:20 Cashier: Marj Caudill Comments: 150.00 fab and install street signs; 100.00 non-exclusive license agreement E�Etalle� T - „ �,�w,��,,.. .. >LCSIIi*y \A � ; B 2S58I320 S „tw .. \\0� �t � gyp_ t <”, -..L: AB 0955722.5 T tSJMtw' B2 f @ ,-. �1 Hj - 1 /a .- 4 o 01( �r rule �� I ,� "ti is, ,�: Q� �� @)46 / rxn Moro anuvmvrnb �� it' roll ATIV S rMMyc YY Atn S� ��,'� V4i`/1 �y AB 095572.25 T H• eWowa... .:,.., °\�.,.. /2? , H,.. 'T a' tot" http://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayDet... 9/7/2006 — INVOICE PUBLIC WORKS DEVELOPMENT REVIEW FEES WELD COUNTY PUBLIC WORKS DEPARTMENT P.O. BOX 758 GREELEY,CO 80632 Date 970-356-4000,EXT.3750 APPLICANT Applicant/Owner Kevin and Heather Willard Email Address Street Address 6876 WCR 47 City State Zip Phone Number Fax Number Hudson CO 80642 720-839-5085 (Taya) Case# Subdivision/Case Name North County Road East County Road RE-4413 47 16 Lot Section Township Range #Proposed Lots A and B 36 2 65 Res/Agr FEE SCHE1< U E QTY DESCRIPTION UNIT PRICE TOTAL Development Construction Permit(Subdivisions) o Dwelling units $150/lot ONon-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 1 Fabrication and Installation of Cross Road Signs(Blue&white) $150 150 TOTAL DUE 250 Reviewed by: Title: M V Administratio,Forms\lNVOICE-PLANNING(2&Jul-2006).doc SEN�E': C�M'LETETHISSECTI•N C•M•LETETHISSECTI.N •N •ELIVE•y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. r „7 Agent • Print your name and address on the reverse so that we can return the card to you. B. eived by(Printed Name) ` - of Deliver • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery*kegs glfe erp( 'it 1? Yes 1. Article Addressed to: If YES,enter delivery address bolo :—No �ub4'L 3. Se ' ,Type Certified Mail O Express Mail ❑Registered O Return Receipt for Merchandis ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (rransferfrom service_ 7005 3110 0003 3764 1939 PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-15z CC Open A LLC 7495 WCR 49 Hudson, CO 80642 Dear Sirs: r• This letter is notify all property owners using the County section line access that we are requesting an access for our parcel number 130736000017 (Willard) located in Section 36, T2N, R65W 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 land split use 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, 411 Kevin Willard c/o Taya Ellerman, Authorized Agent Acknowledgement: print name / date signature CC Open A LLC - pc: RE-4413 WCR 16 file M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\Arends-letter.doc Hello