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Home My WebLink About20020719.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 25 AND AUTHORIZE CHAIR TO SIGN - SPENCER AND SHANNON ALVORD 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 25, 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 Spencer and Shannon Alvord, 44490 Weld County Road 25, Pierce, Colorado 80650, 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 25 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 Spencer and Shannon Alvord, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2002-0719 EG0046 NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 25 - SPENCER AND SHANNON ALVORD 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 OUNTY, C'LORA'O ATTEST: Gle aad, Chair Weld County Clerk to the Board David E. L g, Pro-Tem BY: � ��e.� Deputy Clerk to the Board M. J. eile APPROVE AS TO F i S(A,.P % I William H. Jerke my Attorney EXCUSED Robert D. Masden Date of signature: 2002-0719 EG0046 347 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 , 2003, 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 Spencer W. and Shannon Alvord as Second Party whose address is 44490 WCR 25, Pierce, CO, 80650 . WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Either side of the section line between section 19, T8N, R66W, and section 24, T8N, R67W in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 25 for a distance of one-half mile north of WCR 90 and located as follows: 60 feet of right-of-way between section 19,T8N,R66W, and section 24,T8N,R67W of the 6th Prime Meridian 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: 11111111111111111111111111111111111111 11111111111 1 of 44 R 0.0012002 0 0.00 2:47P JA We Weld County NCO ukamoto food-0719 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. 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. 111111 11111 11111111111111 IIII 1111111 III IImoIII IIIIto 2 :47P JA S 937347 4 R 0.00 12 002 2 0 0.00 Weld County CO uka 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. 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. 1 IIIIII H1111111111 11111 11111111 111111 III 111//1111 III 2937347 2 sukamota 4 R 0.00 0 0.00 Weld County CO 3 of 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 UNT O ` '� ATTEST: Clerk to�t By: . '' y ��B `" " Y: Sid-A /_ . C .►w 1, B Deputy Clerk �,� Glenn Vaad , Chair ®=Nee (03/25/2002) SECOND PARTY: By, ((a-n-a-cM Title: SUBSCRIBED AND SWORN to before me this /Dday of 20O - By CAati-ci WITNESS my hand and official seal M. Notary Public r? NOTARY ' CT My commission expires: oaf m:\wpfiles\agreemnt\non-exclusive\nonexc I usive-form.agr.wpd updated 11/2001 111111 11111 OHM 11111 1111 III 11111 IIII iil1 2937347 03/28/2002 02:47P JA Suki Tsukamoto 4 of 4 Ft 0.00 D 0.00 Weld County CO MEMORANDUM a tHHH lug TO: Clerk to the Board DATE: March 20, 2002 FROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda Item 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 Spencer W. and Shannon Alvord (RE-3223) The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator M:\W PFILES\Francie\AGENDA-4.IRC.wpd 2002-0719 I I I w'I4 Con, Sec.. 14, 713M, R& LO, 3'/4"A1 Cap, Set i Rte. 139 1 I LS iOS55 On 3-t-44 I I IJ58.53' 53"E 1 ;II a0.or gpR mite 53'53"E 12410.01' . 30.01' isR I 1 1 I I I I I in I a I C° I r 1. I = Ir, i Loot „AN v Gross = 34.4276 Ac. t 2 POW = 0.8124 Ac.t w o ri me- = 34. 115L 'Ac.At-i- 0 C • _I J ;44- 1 8 t i 1 8 2 2 I I .,,r I Owners Hereon Have. Entered ... I CA Monexclusive I-Icerse �reevner-i- .1 Fbr e Opgrode d r 1n nance 0f This tAXIck Court() Road I?ioHt - 04 - 1.oay Iii ‘Li I N8t 1 1241 . ' 8 Ste 53'53"w QL bJ 2 rue A,ini- Of innsn3 3 1 J I 1 /t.E' of Road Is Improved, * r late: 1 W'IL of Road IS )Jot Dullt F3ese voclior For (.0' R'OW (30' Earl.- Side Of .Sec+loh Line) I Exists From ie'esolvtiovn Oocfed Oct 14, IS Under mac. N Mo. 34t83, I,UA1d Gouvrl-LJ Records I in! MAR- 02 09:14A FROM: TO:3046498 P:2/2 October 23, 2001 RC Land c/o Anthony Mello PO Box 1436 Ault, (2O 80610 Dear Mr. Mello, This letter is to notify all residents using the county access road (CR. 25 extension)that we are requesting a Recorded Exemption liar our parcel located at 44490 C.N. 25. When that is granted,we will be building another residence on the exempted parcel. The reason for this notification is that it will add another residence sharing the current access road, and Weld County Planning Department 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. Thank you, L eiGJt.etyt o ittrtn/__ Shannon Alvord 44490 C,R. 25 Pierce, CO 80650 (970) 834-0313 October 23, 2001 Mr. and Mrs. William Dumler 13626 E. Bates#410 Aurora, CO 80014-3685 Dear Mr. and Mrs. Dumler, This letter is to notify all residents using the county access road (C.R. 25 extension) that we are requesting a Recorded Exemption for our parcel located at 44490 C.R. 25. When that is granted, we will be building another residence on the exempted parcel. The reason for this notification is that it will add another residence sharing the current access road, and Weld County Planning Department 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. Thank you, Shannon Alvord 44490 C.R. 25 � • Pierce, CO 80650 (`� /1/ f(.) t-O.(-aJi -cuvyt (Al (970) 834 0313 3Ace Afil R ro ? 0 2C .eA,_) 'LETE THIS SECTION C•M•LETE THIS SEC7r•N •N •ELIVE'Y ,v S 1,2,and 3.Also complete Rec.i etl by(Please P•.nt Cies I) B. D- -of D: very • ° "' -'clad Delivery is desired. C ' L • ))- 2-, ez e and address on the reverse C. Signature I return the card to you. - ❑ppent . nnaron aim card to the back of the mailpiece, X ��a — ressee or on the front if space permits. D. Is delivery address different from item 1? lll,,,...��Yes 1. Article Addressed to: If YES,enter delivery address below: �1 No DUMLER WILLIAM TRUSTEE ' \ 4832 CALYPSO AVENUE MESA AZ 85206 3. Service Type 4PCertfied Mail 0 Express Mail ❑ Registered Uiletum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 7001 1940 0006 0581 5034 • PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952' • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date.gf Delivery item 4 if Restricted Delivery is desired. i / • Print your name and address on the reverse i i so that we can return the card to you. C. Signal;j • Attach this card to the back of the mailpiece, Agent or on the front if space permits. c- - / 0 Addressee D.-Is delivery address differen m Rem 1? 0 Yes 1. Article Addressed to: If YES,enter delivery dress below: 0 No RC LAND c/o ANTHONY MELLO ,,Ac( CO 806> PO BOX 1436 O AULT CO 80610 s04iLia-ypetOUZ ' C ertified Mail ❑ Mail alum ReceipHoi•BiRpardiea ghawrad fail C.O.D. 4. J 1- ery?(Extra Fee) 0 Yes H 7001 1940 0006 0581 5027 PS Form 3811,July 1999 Domestic Return Receipt 102595-o9.M.0952 h PUBLIC WORKS DEPARTMENT 1111 H STREET IlDP.O. BOX 758 C GREELEY, COLORADO 80632 OWEBSITE: www.co.weld.co.us PHONE (970) 356-4000, EXT. 3750 COLORADO FAX: (970) 304-6497 February 21, 2002 Spencer and Sharon Alvord 44490 WCR 25 Pierce, CO 80650 Dear Applicant: I have reconfigured a Non-Exclusive License Agreement front page to reflect the appropriate right- of-way and distance that is available to utilize access to your landlocked parcel. Please review and comment if you have any questions. In the checklist under items required for submittal, the only item that was not completed is the Applicant shall supply a written document indicating the adjacent landowners are aware that the section line will be utilized for access to your property. I have supplied the adjacent property owners and addresses. By sending written verification and receiving adequate documentation,this will meet the requirement. Once you have received verification back,supply both cards to your planner,Sherri Vogt, and I will schedule the Non-Exclusive License Agreement for a hearing. Sincerely, c Cc//(r( at`Ybaci Donald Carroll / Engineering Administrator cc: RE-3223 Sherri Vogt, Planner Hello