HomeMy WebLinkAbout20020721.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 10 AND AUTHORIZE
CHAIR TO SIGN - KAO AND MAO XIONG/PAO AND MAY ZOUA LEE
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 10, 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 Kao and Mao Xiong, 9332 Weld County Road
10, Fort Lupton, Colorado 80621, and Pao and May Zoua Lee, 1303 Centaur Circle, Lafayette,
Colorado 80026, 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 10 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 Kao and Mao Xiong, and Pao and May Zoua Lee, be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
2002-0721
EG0046
pe ; Pith, )(10/VG
NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A
PORTION OF WELD COUNTY ROAD 10 - KAO AND MAO XIONG/PAO AND MAY ZOUA LEE
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, CO ORADO
ATTEST:
Gle t aad, Chair
Weld County Clerk to the Board 1
BY: -6. G \ /'c� David E. Lo , Pro-Tem
Deputy Clerk to the Board
M. J. ceile
AP AS TO •
William H. Jerke
my ttorne EXCUSED
Robert D. Masden
Date of signature:
2002-0721
EG0046
38
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 , 2001, 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 Kao & Mao Xiong /Pao & May Zoua Lee, as
Second Party whose address is 9332 WCR 10 / 1303 Centaur Circle. Lafayette, Co 80026
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
north side of the section line between sections 15 and 10. T0IN R67W in Weld County,
Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 10 for a distance
of one-half mile east of WCR 19 and located as follows:
30' of ROW on the north side of the section line between section 15 and 10, TIN. R67W 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 Patty 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:
I1\\I 11111E 11111 111.1 11111111u111,11111..111,10111
1111111 III IIIII IIII
2937348 03/28/2002
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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.
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.
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.
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.
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.
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
I 11111 11111 1111111 11111 1111 IIII 1111111 111 11111 III l I'll
2937348
R 0.00/2002 D 0.002:48P JA Saki sukamolo
Weld County CO
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.
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.
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.
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.
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.
•
l 111111 111111111111 VIII 1111 I'll 1111111 III 11111 IIII III
2937348 4 R 0!00 0 0.00
22W d County COsukamolo
3 of
•
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY
COMMIS R1 '�,r !�li� Y, COLORADO
a' ATTEST:
Clerk tot a Boar
By: (1" ' z : `yc5� � By:
t 1L11���
Deputy Clerk " Glenn Vaad ' , Chair
`-\\ (03/25/2002)
SECOND PARTY:
By: Li Title: O(d l
lti Title: eA •OwYtk C
Title:
SUBSSCRR BED= ORN to before me this day of jilt',any 20 Oa/
B
' 1E WIfSS my'hynd and official seal
' _ Notary Public
••...My..odintniasion expires: 4OOZ '8 isnbny
saaidx3 uoissiwwo0 AIN
m:\wptitea\agt/pdinrt\non-cxctusive\nonexclusive-famap{.wpd
updated 11/2001
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11111.111 IIII kit
2937346 031
4 of 4 R 801 D 0.00 Weld County CO
•
MEMORANDUM Alm TO: Clerk to the Board DATE: March 20, 2002
FROM: Frank B. Hempen, Jr.
CDirector of Public Works/County Engine
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 Kao & Mao Xiong/Pao & May Zoua Lee (RE-3207)
The appropriate documentation is attached.
Enclosures
pc: Don Carroll, Engineering Administrator
i
M:\W PFILES\Franci e\AGENDA-4.I RC.wpd
2002-0721
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Read File: ID %E c ri o n1 L L u c pr-cress
RE: d a-�
Other Case No.
APPENDIX i
.WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: 12 — !`f— a
1111 H Street,P.U. Box 758. Greeley,CO 80632
Phone: (970)35(-4000. Ext.3750 Fax: (970)304-6497
1. Applicant Name Kao a Mae X9or,g ' Sao b May Zoua Laa Phone
•
Address 130s Cer.tl.ar Cr City L.=layaZ:e State C° Zip 84OZ�
2. Address or location of access 5552 WC1z 1 0
Section 15 Township o 1 Range 6'7
Subdivision Block Lot
Weld County Road = 1 0 Side of Road 15 Distance from nearest intersection
Is there an existing access to the property? Yes 7e No T of accesses 2
4. Proposed Use:
a Permanent n Residential/Agricultural D Industrial
2 Temporary O Subdivision 0 Commercial Other oul4 gas
******* ******....**,...*....*.4,************************************A,*
5. Site Sketch .1
Legend for Access Description:
AG = A riculLu aI WC Ft 7 O r Res/As;Aces 4;�
RES = Residential \^T e.
O&G- Oil&Gas r�xra I
D.R. - Ditch Road AglOiLccess
• Proposed a •
Y Ra/Ag Access
OFFICE USE ONLY: .
Road 10 F i. r a_ ADT Date Accidents Date
Road ADT r Date Accidents Date
Drainage Requirement Culvert Size Length
c _c:ai Conditions -— - r r. _ r • v..;'?rat '.9 -•�" � —
....i*****+•.****ef***v*x*** *+k *********...........**.*****sus***********max**• • x**xxwas*
Installation authorized In .:.m a tion insufficient
Reviewed By! Title:
8
February 1, 2002 Fong
9332 WCR 10
Ft Lupton, CO 80621
To Whom It May Concern,
You are an adjacent property owner to our property located at WCR 19 and WCR 10 in
Weld County. Weld County Department of Public Works is requesting we get adjacent
property owners signatures stating you are aware that we will access our property on the
section line between Sections 15 and 10(or WCR 10), east of WCR 19.
We would appreciate it if you could please sign the letter and mail it back to:
Todd Hodges Design,LLC _—— -- _ --
2412 Denby Court Fort Collins, Co 80525
Enclosed is the letter,please sign and send. We have provided an envelope and stamp for
your convenience.
Sincerely,
Mao x/ 91
SEN�E': C�M LETE THISSECTI•N C•M•LETETHISSECTI•N •N•ELIVE•Y
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) D. Date of Delivery
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
C. Signature
so that we can return the card to you.
❑Agent
• Attach this card to the back of the mailpiece, X ( ,,
or on the front if space permits. L. ❑Addressee
D. Is delivery address different from item 1? O Yes
1. Article Addressed to: If YES,enter delivery address below: O No
-MnI (A\(.1 2\(c nec u?c 3. Service Type
\�1r\� v J 0. / d• ,1„ O Certified Mail ❑ Express Mail
C �J'1`' ❑ Registered O Return Receipt for Merchandise
H{:., /,w ' / //� 3b"0 O Insured Mail O C.O.D.
may' `y O'r `-J 4. Restricted Delivery?(Extra Fee) O Yes
/ � �. • .
2. Article Number(Copy from sew/ 7001 1940 0005 9599 2883
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
SEN'E': CAM•LETE THIS SECTI•N C•M•LETE THIS SECTI•N 1 N •ELIVE•Y
■ Complete items 1,2,and 3.Also complete A. ?Waived by(Please Print Clearly) D. Dab of livery
item 4 if Restricted Delivery is desired. Mar 0 .art4 j;( 2 /) 0 I_
• Print your name and address on the reverse
so that we can return the card to you. C. Signature
• Attach this card to the back of the mailpiece, X ate--/ A � / Agent
or on the front if space permits. ,�� ❑ Addressee
D. Is delivery address differe 'rom item 1? O Yes
1. Article Add es p r4 If YES,enter delivery address below: ❑ No
/
4 ( ! V V v CW 19 3. Service Type
F1-
02 Certified Mail ❑ Express Mail
,'- l- �a1- f �cia LJ ❑ Registered O Return Receipt for Merchandise
c'0 —I O Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7001 1940 0005 9599 2876
(Transfer from service lab
PS Form 3811, March 2001 Domestic Return Receipt 102595.01-M-1424
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O (Endorsement Required) - AR 0 rr �oo 0 (Endorsement Required)
O Restricted Delivery Fee I 0 Restricted Delivery Fee
O (Endorsement Required) O (Endorsement Required) d \•..
Total Postage B Fees $ , \;;.....""---'." O Total Postage Fees $ --- [1 LISPS$p61•
Cr Sent To f. '• ^ /'�
Sent To 1y y� 1//'1�t'/�1r�-,`/^_—'j.��
Street,Apt.No.; f 1 1 —'"'" 1 C.≤""f"'-'^—
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