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Home My WebLink About20023123.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 15 AND AUTHORIZE CHAIR TO SIGN - MICHAEL BOEHMER 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 15, 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 Michael Boehmer, 4412 East Mulberry Street, #106, 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 the Upgrade and Maintenance of a portion of Weld County Road 15, 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 Michael Boehmer 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 December, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST: ,r 1 t�� 4z� .t( Gib aad, hair Weld County Clerk to th Bo d V. i5 ' David E. Lon ro-Tem BY: S Deputy Clerk to the Bo N' / d/4 . . eile AP-PROVED AS TO FORM: EXCUSED lliam H. Jerke 1 n iv oun ttorrLy � /a/ Robert D. Mastien Date of signature: 40 7 /� ��, � / , 2002-3123 /'i C/)/7961; "40 EG0046 sob NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thisQKday of nJr�t- , 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 Michael J. Boehmer,as Second Party whose address is 4412 E. Mulberry Street, #106, Ft. Collins, Colorado, 80524. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the west '' of the northwest 1/4 of Section 20, T9N, R67W of the 6"' P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 15 for a distance of 1/2 mile south of WCR 104 and located as follows: 30'of right-of-way in Section 20, T9N,R67W of the 6th PM, 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: 111111111111 1111111 III 1111111 111 1111111 III 11111 lu1 IIII 3017505 12/23/2002 02:03P Weld County, CO 1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto c603,- 3/O3 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. 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 III 1111111 It 1111111 III It 20ot545R12/2 /2002 0 0.00 213P..Weld County, CO A Suki" 7sukamoto 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 111111 11111 1111111 III 1111111 III 1111111 111 11111 IIi1 IIII 3017505 12/23/2002 02:03P Weld County, CO 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 WEL131CODiT O,} r-iffebV,PV C..2) ATTEST: ATTEST: Clerk to the Board By:/to�9.1 6 L I. 4:Z9 By: AAA-A--doLie Deputy Clerk \n ♦ Glenn Vaad , Chair � 4. (12/09/2002) SECOND PARTY: By: Title: 0 tAJMCJ ' SUBSCRIBED AND SWORN to before me this 2- £ day of et=ctr+o'? , 20 OZ, By t\hcka.J 4. so•Loca_ y////mod//////d•Y//HIY//N//444,, LEON W SIEVERS s WITNESS my hand and official seal NOTARY PUBLIC / S STATE Or COLORADO �-'>=ems` �✓ /LGA�Iy 4pN.YA•NMd'NAs•v.ad.J.?NHNn4•//Notary Public My commission expires: O8-0(a-o 5 mAwpfiles\agreemnPnon-exclusive\nonexclusive-form.agr.wpd updated 11/2001 • 1 111111 11111 1111111 III 1111111 IIII 111111 III 11111 1111 IIII 340of54 R 0.00/2 2D 0.00 J.A. "Sulu" Tsukam to Road File# . _ -. . _" . RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET, Date: Weld County Public Works Department 1i11 H Street,P.O.Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970) 304-6497-! A 70 -5/12- - 0 8'99 1g ',Joel,e-, vn e- - Phone 1. Applicant Name i( l !�4 ( j �l /'n/(14 State Zip g0 S 2 Ny St +x/06 City --- Address X1411 � � 2. Address or location of access Range 2 C Township Q Block Lot Weld C Subdivision Weld County Road 4 i� Side of Road kc eyDistance from nearest intersection �3 Tn-/aT't /°'� 3. Is there an existing access to the property. !2_ Yes No __ #of accesses . 4. Proposed Use: D Permanent ResidentiaUAgricultural O Industrial O Temporary O Subdivision O Commercial O Other *****************************+FAQ*****k*******M*********************F****** '***********************4******** 5. Site Sketch A. Legend for Access Description: �0; Q L/ �b *�'\ AG = Residential AA) A) Cx(5 t/r� lig RES = Residential A/ x O&G= Oil&Gas �«� SS D.R. = Ditch Road C n lb Vt 1 *********************************************************************************************************** OFFICE USE ONLY: Accidents Date Date Road ' / .' ADT w3 Date Accidents Date • Road :e c_ ! ADT Drainage Requirement ,Culvert Size ,Length Special Conditions ************************************** ***************** ****************** ****************************** ❑ Installation authorized O Information Title Reviewed By: 3 I 18 17 16 r lce. to4 1 1 I Y. LoTb S 94.9 x .Kp ^ r k.OQT4U' S v Lor g 3 4$,2•G 191 GRo sci L.y 20 3 21 ro ate ., it , MICHEAL KORTHOUS 10-30-02 50687 WCR 15 WELLINGTON CO. 80549 This letter is to notify all residents using the (WCR 15 Section Line Road) I am requesting a Recorded Exemption for the parcel located at 50760 WCR 15, Legal Description is W 2 NW 4 of Section 20,T 9 N, R 67 W of the 6th P.M„ Weld County Colorado. When that is granted,I will be building a residence on one of the parcels. at this time the reason for this notification is that it will add another residence sharing the current access road, and Weld County Planning Department requires that all landowners be notified. Please acknowledge that you have been notified of the proposed Recorded Exemption, and plans for the land by signing and returning this letter. I have included a self addressed, stamped envelope for your convenience. Thank You. G2� �Ge Your Neighbor 51 Z a_ P a /o 5/2.c -FD Qh V /11/$s- Pal/tn.," o F Spa adz_ 4/a M e. . A/ • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X O Agent • Print your name and address on the reverse / / ❑Addressee so that we can return the card to you. B. Rigceived by(Panted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter deI1 ery address below: O No nii( KeAt1/ 1ko`flot rO 7 I (R- is 3. Service Type ❑Certified Mall CI Express Mail t)( / �/ p, ❑ Registered O Return Receipt for Merchandise /�� C(7? ElInsured Mail ❑ C.O.D. ✓ / 14. Restricted Delivery?(Extra Fee) O Yes —2. _ 7002 0510 0002 6697 7251 (Transfer from service label)_. PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 M D GROSFELD 10-30-02 50579 WCR 15 WELLINGTON CO. 80549 This letter is to notify all residents using the (WCR 15 Section Line Road) I am requesting a Recorded Exemption for the parcel located at 50760 WCR 15,Legal Description is W 2 NW 4 of Section 20,T 9 N,R 67 W of the 6th P.M„ Weld County Colorado. When that is granted,I will be building a residence on one of the parcels. at this time 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. 2-3°.e . Your Neighbor • ros qPo/0_57 e Foe an, / /s-spe,//i4J o/ %ccr /-lcurhe_ . �j NdVoZ A7/3- aids +S SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. yy / ❑Agent • Print your name and address on the reverse '7 ❑Addressee so that we can return the card to you. R. iv_• by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. AA.6 (Lea • D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No 50579 ")C" - /5. 3. Service Type tie_ /e////) / I () /� 0 Certified Mail O0 R Mail c�/ I f-'/ C O • ❑ Registered ❑Return Receipt for Merchandise (/,f �,1 `7 r 0 Insured Mail 0 C.O.D. / 14. Restricted Delivery?(Extra Fee) 0 Yes • 2. i 7002 0510 0002 6697 7220 VFW „N,.arn'moo PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 T B S GRAVES FAMILY LLC 10-30-02 P.O. BOX 1342 WELLINGTON CO 80549 This letter is to notify all residents using the(WCR 15 Section Line Road) I am requesting a Recorded Exemption for the parcel located at 50760 WCR 15,Legal Description is W 2 NW 4 of Section 20, T 9 IV, R 67 W of the 6th P.M„ Weld County Colorado. When that is granted, I will be building a residence on one of the parcels. at this time 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. �0f%� Your Neighbor • PS 1 RPo/05 2 -i 'orL a_nv n2/Ss-roe-/7/419 c7 .tiot Q .I/G,-Yt 0 . ,j C ,_ (7....__„____ .., ..../),t , , 2, sn SENDER: COMPLETE THIS SECTION C•M•LEiE THIS 5E:CTICV eN •ELIVF•V • Complete items 1,2,and 3.Also complete A. S.na item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse , n—. ■ Addressee so that we can return the card to you. &' sj B eived by(Pri a N:•.2_.) C. Date of Delivery • Attach this card to the back of the mailpiece, f or on the front if space permits. I -ROY,it') /" 'W3p 1. Article Addressed to: D. Is delivery address different from item 1? ❑ Yes If YES,enter delivery address below: ❑ No 1 1 <Ya Lie- S itir/A/ /, /J /�{/� ( LC /.. /•o (.r0 X /5 `72- 3. Service Type 11 / //�/ ❑Certified Mail O Express lvlail Ve(// 7Q Al V. < 9 ❑ Registered Return Receipt for Merchandise ye �/ ❑ Insured Mail O CAD:—- 4. Restricted Delivery?(Extra Fee) - . 0 Yes 2. Article Number 7002 0510 0002 6697 7237 (Transfer from sery ce rave,) PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 D tat MEMORANDUM _ w ., Z. Z VI I Prl _` C TO: Clerk to the Board DATE: December 3, 2002 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer 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 Michael J. Boehmer for WCR 15 The appropriate documentation is attached. Enclosures pc: Drew Scheltinga, Engineering Division Manager Donald Carroll, Engineering Administrator M:A W PFI LES\FrancieAAGENDA.wpd 2002-3123 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us O PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO November 20, 2007 Michael J. Boehmer 50760 WCR 15 Wellington, CO 80549-1771 RE: Termination of Non-Exclusive License Agreement Dear Mr. Boehmer: This letter is to acknowledge that on November 13, 2007, I received your letter terminating the Non-Exclusive License Agreement between you and Weld County pertaining to Lots A and B of RE-3409. A copy of that letter is enclosed. Reading through your letter, I cannot tell to which road the Agreement pertained,but assume it was WCR 15. I will forward a copy of this letter and the enclosed to the Weld County Clerk to the Board, Department of Planning Services, and Department of Public Works. Please feel free to call me if you have any questions or wish to discuss. I maybe reached at (970) 356-4000, ext. 4390, or by e-mail at bbarker@co.weld.co.us. Sincerely, -Bruce T..Barker Weld County Attorney Enc. pc: Clerk to the Board Planning Services Public Works (rein11 L12GG <i2.4 �7 D0 -3i.Q 3 Ia1311 Ea 0096 1/4) ,` c✓'i d ni/rJ',Sio/l/ M , api Dt- 86J lerin ; Cjt,t..$lye._ c S e-,-)Ste. qqfratirtaCt far Lo / "E „ pcL,rcd og53Lol ooaz5 FT GJ2Alw y0 - 9- 67 the Rtx- 0 R£ 15/OF - ( 1, 03K)5;7145- Sa7ga /S_ CR- li C1,60 Laf R " d 0c/S -3102, 00D29 ft 02- ahoy z o- 9477 zo f afi ''Kec, &x?ra1l /a e ` 3V09 aAc, ent e_ ea-el-or/6964 Lido( 4-t.., , l g k 6f'-igi t-v 6 6 7 0 6/2- /S la) J/1Sh ( c tc57y 7 / itcypti 970.. ` z - gr, V Page 1 of 1 Donna Bechler From: Donna Bechler Sent: Tuesday, November 20, 2007 10:32 AM To: Donald Carroll Cc: Drew Scheltinga Subject: Termination of Non-Exclusive license agreement for Michael Boehmer Good morning, Don, I received a copy of a letter from Mr. Boehmer requesting that his Non-Exclusive license agreement be terminated. Bruce acknowledged his letter and cc'd your department and Planning Services. Will you be sending us a memo stating this has been agreed to by your department? I will wait for your reply before placing it on the agenda. Thanks, Donna 11/20/2007 rict:Le MEMORANDUM liD TO: Bruce Barker, County Attorney and DATE: Nov. 20, 2007 Clerk to the Board FROM: Donald Carroll, Engineering Administrator tit COLORADO SUBJECT: RE-3409, Michael Boehmer The Weld County Public Works Department has a Nonexclusive License Agreement with Michael Boehmer dated 12/23/2002. This agreement provides public access utilizing Weld County's right-of-way to the recorded exemption split for the land-locked parcel located on WCR 15 section line access located one-half mile south of WCR 104. The applicant is proposing to terminate this Nonexclusive License Agreement. Lot B of RE- 3409 would be considered a land-locked parcel with no license agreement to the nearest publicly maintained road. As a part of the Nonexclusive License Agreement, this parcel is sharing common maintenance with adjacent parcels utilizing WCR 15 section line access at this time. The Weld County Public Works recommends retaining the Nonexclusive License Agreement as this is the process we utilize to accommodate recorded exemption land splits that create access issues and provide these land-locked parcels access to public right-of-way. pc: RE-3409 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3409,Boehmer.DOC von -3/07, Hello