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Home My WebLink About20022730.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 81 AND AUTHORIZE CHAIR TO SIGN - BARBARA PELLOUCHOUD 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 a portion of Weld County Road 81, 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 Barbara Pellouchoud, 2295 Spruce Street, #1, Boulder, Colorado 80302, 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 a portion of Weld County Road 81, 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 Barbara Pellouchoud 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 9th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a , //. S S` EXCUSED DATE OF SIGNING (AYE) " 1P- a ` GI Vaad, Chair(((�� Weld County Clerk to he a . ♦ ��( 1 DaVE. L g, Pro-Tem Deputy Clerk to the 'T / il \ > 1 4-C-. ��.►� M. J. Geile APPROVED AS TO FORM: -'17-7 WAY ,@ William H. Jerke �f�� -County Attom y EXCUSED Robert D. Masden Date of signature: /6)//5 2002-2730 Pe ; 9% /gyp//p%/P%6'//d EG0046 • 111 797 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 10thday of October , 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 Barbara H.Pellouchoud,as Second Party whose address is 2295 Spruce Street,#1,Boulder,Colorado 80302. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at north'A of the Northwest 1/4 of Section 11, Township 9 North, Range 62 West in the 66 P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 81 for a distance of one mile north of WCR 106 and located as follows: 60 feet of right-of-way between Sections 10 and 11,Township 9 North,Range 62 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. 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: M:\WtPFILES\AGREEMNT\Non-exclusive\Pellouchoud.wpd 111111 11111 11111 III MI MI III 11111 liii IIII 3010797 12/03/2002 12:56P Weld County, CO • I • �I. I 11111 ,, 1 of 4 R 0.00 0 0.00 J.A. "Sulu" Tsukamoto 9811 11 2/200 1 :P old C. 'nty, 1 of 3 - 1.00 D .1I J.A. "S '" sukamoto 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 tp 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. 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 I I '! ► it IIIIM11111111111111111III111111111111IIIIIIIIill/ IIII 3010797 12/03/2002 12:56P Weld County, CO 29 8 11 0/2 /2002 '38P "SWe uki Coukam0 t) 2 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto 2 f R0.0 D 00 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. III 1 111111 11111 IIIII III 111111 111111 III IIIII 1111 IIII 29' :11' i/22/20,2 1 . ;P Wel' 'oun C 3010797 12/03/2002 12:56P Weld County, CO 3 of 3 R 0.00 D ' J.A. ' . Tsukamo o 3 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto 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 ,O La� ATTEST: Clerk to the oar B I �r s O�� By:-24€4 / Q Deputy Clerk n .`7 Glenn Vaad , Chair Ou mit , (10/09/2002) SECOND PARTY: &I'cm ' ' g ,PE( uce_,A) By: Title: OW A) //C SUBSCRIBED AND SW 1 t before me this __day of Cr--741.51-"\-), 20 O WIT.priy hand and o cial seal '—Notary Public C, dIVIVIC. tssion expires: /(I/$� m:\wpilleggreexclusive\nonexclusive-form.agnwpd updated 11/2.0(51 • 111111 VIII 1111111 11111 III 111111 IIIIII III 11111 IIIIIIII 3010797 12/03/2002 12:56P Weld County, CO 4 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto W w z r� Q H err 1-10 w ~ U W v) o m 3z p cu LLJ W `D J � CI Q W U �D d O CO >- I- El V � � 3 T8 NUM m i--- O U cu w \D J km 0 o b) 00 fn R.2uao 04/v/3//a. 00"/ F 3 � 10 m � 3 CI f a 0 " a M n , 2 en c .4 1 J OA 0 • _ [1t 1Gla 5 Road File 4 'r,c'2. 5 -...:c... ''`_ RE: Other Case No. 6O A-c APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Date: 'N._. - c:,— C' -.�- Weld County Public Works Department 1111 a Street,P.O"Box 758, Greeley, CO 80632 Phone: (970//)356-4000,Ext.3750 Fax: (970)304-6497 C/ 1. Applicant Name O S� -� ,�LLG fCby Phone 920 - go 6 - 73 / Address 22 C S C G r CIty A o L at4 State CO Zip 86.38 Z ' Address or 1 cation of-access Range '�� N v�()�t)) - Section t 1 Township Bloc's Lot Subdivision Weld County Road# 5 Side of Road'rU'-'� Distance from nearest intersection, 3. Is there an existing access to the property? Yes No #of accesses 4. Proposed Use: O Industrial Permanent Residential/Agricultural O Temporary Subdivision ❑ Commercial O Other **#*******##***#*#***********#+Mae*##*-***#**###*=R**##**#*****#**x*#ik#:k*###***�*#*##*%��MMx� rs�i�**#**##*#�k#Y##1� 5. Site Sketch Legend for Access Description: • -2144: AGR = Agricultural RES = Residential v,,;,-. tog O&G= Oil& Gas , !OE D.R. = Ditch Road / O = House - O = Shed or Outbuilding -J U 3{4 SIP 3" • H . 11 *** OFFICE USE ONLY:Road ADT Date Accidents Date Date Accidents Date Road ADT Drainage Requirement Culvert Size Length Special Conditions **„e.*******************#**tae******************************************************************************** O Installation authorized O Information Insufficient Title: Reviewed By: m:wotiieslengineer‘access G Opips:7;k 90°o L S°4Fp o6gp¢ °ap Nsv p°F i °°'' .94'04. C '64 J .Sc"` >r_—"C— CU r°�QIC ni° es+00 ° „C>,, a °T N Q °d° AS -f-, °e I \ER CO t,4 o, Monday, September 30, 2002 ses c ' 0 ' ,P4? ' Joe Pellouchoud c o 2295 Spruce Street Apartment #1 S� °�Q �a Boulder, CO 80302 C Co 720-406-8734 ti 2,<N> Fax: 720-406-8736 Jody Bruso 1430 Hilltop Circle Windsor, CO 80550 To Whom It May Concern: We will be building/using an access road on county owned right-of-way North of WCR 106 in a direct line with WCR 81 between Section 10 and Section 11 T9N, R62W for a distance of 1 mile to WCR 108. To provide access to the North `/z of the Northwest 1/4 of Section 11, Township 9 North, Range 62 West of the 6`h prime meridian in the County of Weld in the state of Colorado. The county owned right-of-way is described as 30' on either side of the centerline of the section line between section 10 and section 11. This work/use is to begin immediately following closing (scheduled for 10/18/02) of the purchase of the property described above. Thank you. Sincerely, Barbara H. Pellouchoud (New Owner) GS aMgy it e�oes sr L/°FFO'1/4,499 0(41- ° /4, H F aP. SG 00 off, gglest, 0 O C T4 Nq T/°eOF 400 C Mq '°°s,1114c LfR�JG/s• 13/4. # Monday, September 30, 2002 ,e% Joe Pellouchoud c 2295 Spruce Street Apartment #1 �� Q ro Boulder, CO 80302 720-406-8734 44 'J� Fax: 720-406-8736 ° ^ate Gerald Lousborg 4417 N 51st Street Boulder, CO 80301 To Whom It May Concern: We will be building/using an access road on county owned right-of-way North of WCR 106 in a direct line with WCR 81 between Section 10 and Section 11 T9N, R62W for a distance of 1 mile to WCR 108. To provide access to the North 1/2 of the Northwest 1/4 of Section 11, Township 9 North, Range 62 West of the 6th prime meridian in the County of Weld in the state of Colorado. The county owned right-of-way is described as 30' on either side of the centerline of the section line between section 10 and section 11. This work/use is to begin immediately following closing (scheduled for 10/18/02) of the purchase of the property described above. Thank you. Sincerely, Barbara H. Pellouchoud (New Owner) `S A A.:41), O 4%011,OF S�to S(Fj�OO F e7 C/21 X44et l'e °4t ` -C A03 10 Mq�TFi r 0 O . �p� lFgero449T nataoa o�`O)/� C Tj0^O* °ba '< C/C'fn C 9 41,4/fr., jC 0'<�IV ti FSti c ��77 a cr.,FS T\ �.2 sad'o. (-7O / DER COL F > 'O O 0 9g. C a cm ..-...- z ‘," Monday, September 30, 2002 gas O s O Joe Pellouchoud o6 �� 2295 Spruce Street Apartment #1 h��Q o o Q� �Y Boulder, CO 80302 e�ein 720 406-8734 ili be`a Fax: 720-406-8736 ,tea / Arnold Bumgardner 22643 WCR 70 Eaton, CO 80615 To Whom It May Concern: We will be building/using an access road on county owned right-of-way North of WCR 106 in a direct line with WCR 81 between Section 10 and Section 11 T9N, R62W for a distance of 1 mile to WCR 108. To provide access to the North 1/2 of the Northwest Vt of Section 11, Township 9 North, Range 62 West of the 6th prime meridian in the County of Weld in the state of Colorado. The county owned right-of-way is described as 30' on either side of the centerline of the section line between section 10 and section 11. This work/use is to begin immediately following closing (scheduled for 10/18/02) of the purchase of the property described above. Thank you. Sincerely, Barbara H. Pellouchoud (New Owner) • Order Declaring all Section and Township lines on the Public Domain of the United States in Weld County, to be Public highways, etc.,passed by the Board of County Commissioners October 12, 1889. WHEREAS,Section 2477 of the Revised Statutes of the United States provides: "The right of way for the construction of highways over public lands not reserved for public uses is hereby granted,"and WHEREAS,by virtue of an act of the General Assembly of the State of Colorado,entitled:"An Act to Amend Section4 of Chapter 95 of the General Statutes of the State of Colorado entitled,'Roads and Highways,"approved April 7, 1885,it is provided,"The Commissioners of the County may at any regular meeting by an order of the Board declare any section or township line on the public domain a public highway,and on and after the date of such order,it shall be attested by the Clerk,unde of tlyseettutty,anth' Cnrde'd}trthets ce of the Recorder of Deeds. The road so laid out shall be a public ghwayllandr WHEREAS,di ublic intents require tha be pub , highways on all section and township lines on the United States public do itr- ithin Y�tts of'th ounty o d. IT IS HEREBY ORDERED,by the Board of County Commissioners of the County of Weld,that all section and township lines on the public domain of the United States,within the County of Weld and State of Colorado,to wit: In townships 7, 8,9, 10, and 11 north in ranges 56,57,58,59,and 60 west of the sixth principal meridian;townships I,2,3,4,5,6,7,8,9, 10,and 11 north in ranges 61,62,63,64,65,66,and 67 west of the sixth principal meridian;and townships 1,2, 3,and 4 north in range 68 west of the sixth principal meridian;and in sections 19 to 36,inclusive, in township 12 north in ranges 56 to 67, inclusive, west of the sixth principal meridian,be, and the same hereby are, declared to be the center of public highways or County roads,which said roads shall be and hereby are declared to be roads 60 feet wide,being 30 feet on each side of said section and township lines,and BE IT FURTHER ORDERED, that a duly certified transcript of the order and action of this Board concerning said public highways,duly attested by the Clerk to the Board under the seal of the County of Weld, shall be forthwith prepared and recorded in the office of the County Clerk and Recorder of Deeds of Weld County,Colorado, and BE IT FURTHER ORDERED,that the County Clerk and Recorder of Weld County,Colorado,be,and he is hereby instructed when said certified order is so recorded,to prepare three certified transcripts of such recorded order, one of which transcripts shall be mailed by him,by registered letter,to the Honorable United States Surveyor General for the State of Colorado;another to the Honorable Register and Receiver of the Land Office at Denver,Colorado,and another to the Honorable Commissioner of the General Land Office at Washington,D.C.,and that said County Clerk and Recorder shall make report of his acts and doings hereunder at the next meeting of this Board. On the first day of the next session of said Board of County Commissioners, to wit, on the 6th day of November,A.D., 1889,the County Clerk of Weld County reported of his acts and doings under the above order to the effect that he had duly executed the order of the Board above specified in detail. il5()/ 2 6e -feet Or Out] a ct4c_('k a( WC/? 1I (4a,{tvw,, Wet job d 1" 8 MI; MEMORANDUM ,xP TO: Clerk to the Board DATE: Oct. 3, 2002 OFROM: Frank B. Hempen, Jr., • Director of Public Works/County Engineer COLORADO SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Barbara H. Pellouchoud on WCR 81 The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator M:\WPFILES\Francie\AGENDA.MEM 2002-2730 Hello