The URL can be used to link to this page

Browse Search

Home My WebLink About20020720.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 92 AND AUTHORIZE CHAIR TO SIGN - DONALD AND SANDIE HALL 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 Upgrade and Maintenance of a Portion of Weld County Road 92, 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 Donald and Sandie Hall, 44998 Weld County Road 15, Fort Collins, Colorado 80524, 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 Upgrade and Maintenance of a Portion of Weld County Road 92 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 Donald and Sandie Hall, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2002-0720 EG0046 NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 92 - DONALD AND SANDIE HALL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of March, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C'LORADO ATTEST: Gle ad, Chair Weld County Clerk to the Board 1 c� i1 David E. Loy, Pro-TernBY: G �LQo Deputy Clerk to the Board M. J. eile APP AST F William H. Jerke r Unty AttoFey n EXCUSED Robert D. Masden Date of signature: 2002-0720 EG0046 294 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 25 day of March , 2002, 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 Donald and Sandie L. Hall as Second Party whose address is 44998 WCR 15, Fort Collins, CO 80524. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at either side of the section line between sections 17 and 20, T8N, R67W in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 92 for a distance of one mile between WCR 15 and WCR 17 and located as follows: 60 feet of right-of-wav between sections 17 and 20, T8N, R67W 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. 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: 111111111111111111111111111111111111111111111111111 111111IIIII1111111IIIIIIIIIIIIII111111IIIIIIIIIIII I'll 19of244 R 0.00/Z002 D 0.001:51P JA Suki sukamoto Weld County C0 O76O:2-O7,gO 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 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. o. Second Party shall not assign anv 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. 1111111 VIII 1111111 (IIII III' VIII 111111 III VIII IIII IIII 2937294 03/28/2002 01:51P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 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 teuus 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. 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. IIIIII IIIIIII III III II IIIIII III 11111 III IIII 2937294 03/28/2002 0111P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY.Y.COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WEL�CO Ti y� / �► I La ATTEST: Clerk to the Board / By: iI. � �. :�� cOu -1 By: Sat Deputy Clerk O _y � Glenn Vaad ; Chair �oNcl�y, (03/25/2002) SECOND PARTY: BvcT g pr.t, 7 itff Title: 0aun/E2s SUBSCRIBED AND SWORN to before me this \ 7.4 day of M ARQH , 20 O?, By ≥'oi4At_(3 - SP.-+OIE L, NALL WITNESS my hand and official seal Notary Public My commission expires: ) - 2 5 -DS m:\wpfiles\agreemnt\non-exclusive\n gr. onexclusive-form.awpd I JAMES BUNKERS updated 11/2001 - NOTARY PUBLIC STATE OF COLORADO ' My Commission Expires 01/25/2005 111111011111111111101 Iill 0111111111 III 01111111 till 2937294 03/28/2002 01:51P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO MEMORANDUM , , (5i., TO: Clerk to the Board DATE: March 20, 2002 FROM: Frank B. Hempen, Jr. linDirector of Public Works/County Enginee IDe SJECT: AgendaItem COLORADO Please place the following item on the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Donald and Sandie L. Hall (RE-3242/SE-901) The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator M:\W PFILES\Francie\AGENDA-4.IRC.wpd 2002-0720 -i L CVO -- (0'1021 3NI1 NOLL03g) S ii w.. g �R iii ix$ u_ w cn w0 S I � O J O 00 U IX O =w a1 0 N Z Ti ca HW = 3 ns H en u_ ry� 3 O `'I 6 F.4 or z R-i--� m o BR N U vIM W ua O Q m 0 o igR I wE qw � ppy I O(11 J A � a Ixz as g I I cil 6N W g ,_ w O H z I Ls, a h w N o EU g6 uI I 6 1 11 96 avoid AINI1100®l3Ai moo" Road File# T - 5€-,-. L,.., . RE: 3 Z-zit.- Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: November 30.2001 1111 1-I Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Donn Hall Phone (970)396-1976 Address `f S'??/ C-l. IC _City P7. cs/..c%JS_State CO Zip_to 524/- 2. Address or location of access 44998 WCR 15 Section 20 Township 8N Range 67W Subdivision Block Lot Weld County Road # 92(not constructed) Side of Road South Distance from nearest intersection *2640 3. Is there an existing access to the property? Yes X No #of accesses I 4. Proposed Use: ❑ Permanent • Residential/Agricultural O Industrial ❑ Temporary O Subdivision O Commercial O Other 5. Site Sketch (paaoasgo) Ql5 ProP�s+�d �. Legend for Access Description: )r ri Pe+s AG.= Agricultural RF$/Ay LOT A RES = Residential .. O&G= Oil&Gas �J qt L �- D.R. = Ditch Road %/. LOT IS LOT G is 3 wce a -1 r OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ***********i***kit************************************** ********************************irk**************** O Installation authorized O Information Insufficient Reviewed By: Title: 7 March 15,2002 Weld County Department of Public Works 1555 North 17`h Avenue Greeley, Colorado 80631 (970)304-6496 Re:Right of Way information To Whom It May Concern: Upon request,the Weld County Clerk to the Board had no information for that portion of Weld County Road 92 which defines the North line of Section 20,Township 8 North,Range 67 West of the 6'h P.M. Pursuant to the conditions set and recorded in Book 86 at Page 273 Weld County Records,the Right of Way shall be defined as 60 feet overall width,30 feet either side of said North line of said Section 20. Sincerely a- To Intennill Land Surveying,Inc. March 14, 2002 To Whom It May Concern: This letter is to request your acknowledgment that the existing access road located along the North line of Section 20 between Weld County Road 15 and Weld County Road 17 will continue to be used for access to the Hall Property (Parcel # - 055520000012). The Weld County Department of Public Works is requesting written verification that the adjacent landowners are aware that the Section line will be used to access the above referenced property. Thank you for your cooperation in this matter. Sincerely, .g nu C - a11dik. o� Donald Hall San ie Hall ., U.S1Pgstal Service . a CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) om LOVELAND, CO 80537 ` `° 0.57 UNIT ID: 0415 Postage $ ml ra c� V,44,MCertified Fee 2.10 �C �f n Retum Receipt Fee 1.50 2. Post m O (Endorsement Required) kgeDg ° y Restricted Delivery Fee n y'��t��y ae O (Endorsement Required)rzi �ti Total Postage&Fees $ 4.17 OJ 1` ' �% m Sent To in R( bt ).et 1 Uitictt_Q TcgMR_ Street,Apt.No.;or PO Box No. E ._7..5(v--. tiit .. C- 4.Ei- q NCity,State, IP4 o V 05 'S Farm :rr,May 2III See 'everse f•r Instructi•ns U.S.:Pestal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) m SAINT LOUIS MO' '3118 ' s». m r Postage $ R 0.57 UNIT I ' 0415 1 ITT Certified Fee 2.10 ...14. k a Return Receipt Fee 1.50 & Postin"f, , . (Endorsement Requred) 2 CI Restricted Delivery Fee c5, O I- 'J 2 o Endorsement Required) $ , evir Total Postage&Fees 4.1 7 D• - lS o N r311d rr Sent To a AM±ALJ..s_ a_-_P. s!t•CQ T. ih,51.{ ._._ Street,Apt.No.;+?t_f0 Box No. E O11Q. 60sl.. Et.act.,. O 0,ty.Si °• Lem; a G ► - Sq SF.rmm33:rr.May2rn See.'everse t•r lnstructi.ns Hello