The URL can be used to link to this page

Browse Search

Home My WebLink About20020239.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 33 AND AUTHORIZE CHAIR TO SIGN - DALE AND MARTHA TURLEY 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 33 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 Dale and Martha Turley, 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 33 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 Dale and Martha Turley 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 28th day of January, A.D., 2002. BOARD OF COUNTY COMMISSIONERS q WELD COUNTY, COLORADO A ATTEST: , , �� """�� 777 Gle aad, C ' Weld County Clerk to the Board r David E. Lo , Pro-Tem BY: �i/'l rk to the Board # 9/ ;tee/ M. J. Geile is04 , ! A FO . EXCUSED ill rkeAVO— 0') obert D. laden Date • • ature: oo/rf1On 2002-0239 EG0046 ' MEMORANDUM � ‘i--- :-% (if TO: Clerk to the Board DATE: January 21, 2002 FROM: Frank B. Hempen, Jr. ODirector 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 Dale and Martha Turley The appropriate documentation is attached. Enclosures pc: Drew Scheltinga, Engineering Division Manager - r M:CWPFI LES\Francic\AG EN DA.IRC 2002-0239 RE z143 • 366 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this,,8 day of 2001, by and between WELD COUNTY, COLORADO, by and through the Board of Count Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631,as First Party,and 7gLS A.-O Nlilek-i a ,as Second Party whose address is i(eisci v-lcit 7t' TT L-..j'r<,4 Ce• nov.J. 1 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at W 2 eG Svv'4 op SECTions 14 72 rJ R MG"t'.' ocz me lets P,M in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as Wea 3i F h [)STA ce c F /a t 14 rF w . 7-t' and located as follows: BoFccferqv.: C'NTHt utesr3iOCcr5Gc.. i4 T2n Rcci%A e:= mc: let" , 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 ofthe covenants contained herein and the agreements of said Second party to be perfonned 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: 111 1111 1 1111 1111111 I I 11111111 I I I 1111111 I I 111111 I I I 11111 2924365 02111/2002 03:59P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County Co2- CL23q 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 i11111111111111111 III Hill lint III 11111 1111 2924365 01 R 0 934 /0 D 0.00 03:59P JA Weld County COtsukamoto • 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. S. 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. 111111111111111111 III 1111 111111 III111111111 III 2924365 02/11/2002 03:59P 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, COLORADI, ; •d through the BOARD OF COUNTY COMMISSIONERS OF W D iT , O e ® ATTEST: Clerk to the oar A.` A _ a. a� p O:la, ( x . By: 4.. .IC" far. j��. �/ By: Deputy Clerk �rO 1, Glenn Vaad , Chair � � (01/28/2002) SECOND PARTY: By << by x /B0l k, ! )1e j — Title: (1:( ' CV1 ( (_ M SUBSCRIBETp AND SWORN to before me this / day of 2. ' la' 201) By 4(r&Y J&&ui4'ij V 717-4-14 WITNNSS,myhand and official seal ):TI& 7 ? iil/7" } a Notary Public lev 'o F / y corti�iission expires: ,7/tlo'Q. m:\wpfiles\ageemnt\non-exclusive\nonexclusive-fomtagr.wpd updated 11/2001 2924365 02/11/2002 03:59P JA SuklTsukamoto 4 of 4 R 0.00 0 0.00 Weld County CO 4so MEMORANDUM } TO: Sheri Lockman, Planner II DATE: Dec. 4, 2001 FROM: Donald Carroll, Engineering Administrator WIIDc. SUBJECT: RE-3143, Dale and Martha Turley COLORAD Referring with Planning staff, the Turley property should be accessed through a Non-Exclusive Right-of-Way Agreement for the Upgrade Maintenance of WCR 33. The applicant has supplied documentation from Clerk to the Board that there is adequate right-of-way available to accommodate the Non-Exclusive License Agreement and not pursue a flagpole access configuration. With a Non-Exclusive Right-of-Way Agreement in place, if any properties develop north of Lot A, the new applicant will be responsible to sign a Non-Exclusive Right-of-Way Agreement also to utilize existing rights-of-way to access any landlocked parcels in this section. pc: RE-3143 M:\W PFILES\DON-C\PLAN6RE.W PD loo J97JZ1 QJ/1'21173EIPMSZM9NZY119NZ\OJ/11LSiVO1:0 „ a E �A0 dil�p � 5 � aiPil �� ono In g § Z q •Ke4 it I E R - -:! i II ' l J In '1 6 IV: iiii" h i :PI i i 1 w'?AFIZ 1 G = it 4.1 lig I iT livir $s Zit4 gP iiil X1 I §e_8„ li i oh! I Lii I it IVini � s 0. eE ibi t lift r I P k 5 �4^ 01; o ix @ $ ilk li a a i ill I b ii ! i r- Wc6 u_,_ Li., c) 0 O cf.• 0 Til ali!IlbK li;bgsii;i-Ilkl gifill'ilikoi b'ali,tI :li :III !• J 5 -8 0 II! 1 €E 81 ii;1 l § 'e l l b irii tE i iii It a ii ills ,tE I • =F I�� tl�� 3 l' � �� I'll �� a ��E E � ��i �� '. � ��,� �� ' La 'o iiil -4v1-4 E1i Str, 5 t Ia t ,ll -� • gg irit ' i p S liqu lIDg pile l gl 1 ill g i glag. li 1 II:N41 w-011 1 Ibl g N 1 1 . Eli a� i- 9 i l ii 1 I g ll ii ilD 11,1 ; Il it ip p -fib lAe-1 W . `i) O2 co A co r ' i i g QEep r i rcpt ip4 ! ali a4W 4 ,iila � a g� ~t€J I rib: l4l z'§ l � P Q 4i Q E It � 4 < --Pi aEra 0- o WIx'Vgi 4 ° ' " � s¢ Ill Pi g Lj g ei i,dwil r Pil lq . li; Piti lipi NI q e� it l III!l s . 1 lid l;!I i iI i �iliel! fp ; !ill ililiiii:qto i 5i$ p o el q$ U i 414 45I;ill a !Iil :a; "1i: :I iii Alli " X34 " l iglI .li6IIP'; ill aWil liil if W 0 W i3 ! ItI g 141! Y O C 0 FW l 88 NW� \l \ __fi1 C}• !ig!Illgilll �� 4�� M.1f.i0.00N _ _ - __ 06ZS9Z-- �N.YC.i0.00N -._ _ k S9'f497. n .S $"g !z !x Nil „:iri I b� i!ii II RapligilliN -110 tg6,1 b 'iNIZ i il$iT4I111 p N Ni7 _ 9�'7'. Co FQ _s N ^ I U� S a I+, 0 I i I (Drimuly).ci ovoa. 11'. I mG?q e O1 e YC6Y9Z --M.1(20.00N I N m ,----3— M,(I.i0.00N fL'1C#--✓tiL1.S�.OQ1 I I 9L'1'OSl W j 9 i;!. a -I- +\\ ��9�, z O C� ‘.2?; + + W r \ mm Q �Z `.s� Q 11 Qw.ca3v R. IIV U }� 6 U O Q a o � � ro a a r - P 3 I\ 0.7 >r y 7 I'— i O i7 O (ri O Ti �JFFFZZo< Z II II U Z J Z (� O W. Oa,v) V Yi= O CD . . F- 3 oviw oW f- I ii 1;h:11 o .g 1 I z -o� �y 0 O.:Pi 'GN :4 , U �A ba II w I4 g 3O0m. E "i ..,�1 CI L20.00.1 9S'9Y9Z -- 3.00.00.00N i I (43NIV1NIVW A1N1100-NON) OVO2l AiN(100 013M„ r 1 � -`Irt�rifilr7 t jt d { Ir Via`. 0 f4fl I" ` M i .1 0 a. a '11 WCR 20 • rx I 01/16/02 WED 16:56 FAX 8570102 DT Trucking _ R 001 01-07-02 We are the adjacent land owners and we are aware the section lines will be used to access the property.It is our intent to ntili7P the right of way on our side. Thanks_ Daleand Martha Turley (303)857-1881 `inA_ U.S. Postal Service liNji CERTIFIED MAIL RECEIPTI. (Dbn=ft ir Wad Only, No lnsmvnce Coverage Provided) / p -4 Diva, co 80206 p $0.$$$o t 0.'7,6yjyy T ID: 0392 T o c«wed Poo I a; (Endowment Rewire°, Hem o nt hee^a en 1 k 11(5 — 1c Imo!cony aFin $ . fie,` $ '2 <ail t7 Stowe or. Po `Bex`N.,` PP ` s°'4 if OHO _ — ._ C` 9800.Feb.unry�pp0 5, everse fn In tmctlpns %r1. V ' iiimrr'u..i. --— ---:— .1111 :—" 1. SENDER' COMPLETE THIS SECTION CerdaLCT['7Hly$GCTI•N•N•ELNE•oYy�.o�o�p) '. •Prelate sr is 1.-2,and 3.Also creel. A. Reamed by(masse Pmt Restricted Delivery is n the s ■ PIad your name and address on the reverse eo that we can return the cad to you. � ) a oraranch this camback e a nwllp seer, a t' 1 W( A OJJ p M or an the trvfn if .(-Z CZY t. Anna Addressed to 0. Is delivery thaws different iron fern t7 O Yes I CA'J 9'J LAN Q cc. n YES,enter delivery address below- O W 36 • SttE,Ig 5J.- co toao(0 Drivels. 9. beetles Type ` -�erM�Mal O Express Me➢ I' e O Registered ❑Rehm Receipt for Merciandfea I e II • ❑Insured Mai ❑C.O.D. ! i I a Restricted Delivery?Odra Free) El Yes If L �2. t5 ren c ,,1 I Ps`Fm Domestic rnestk Return Receipt - 102595-0041-096ej 3 II. I 3 1 I I • Hello