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Home My WebLink About20021292.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 15 AND AUTHORIZE CHAIR TO SIGN - CHRISTINE WILCOX AND RODERIC SMITH 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 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 Christine Wilcox and Roderic Smith, 53495 Weld County Road 15, Carr, Colorado 80612, 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 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 Christine Wilcox and Roderic Smith, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2002-1292 EG0046 C� /1°O, ern,'/h NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 15 - CHRISTINE WILCOX AND RODERIC SMITH PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WEL COUNTY COLORADO ATTEST: Lid ,C �' WW�l GI Vaad, Chair- Weld County Clerk tot ii. ca. ": F J. r, David E. g, Pro-Tem BY: c_.//: Deputy Clerk to the B N 1 azcii M. J. eile AP D AS • ' // _.P Nam ike j\i\(\_L unty Attorney Robert D. Masden Date of signature: 549 2002-1292 EG0046 823 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this A0t4day of ` , 2002,by and between WELD COUNTY, COLORADO, by and through the Board of county Commissioners of Weld County, Colorado, whose address is 915 10th Street, Greeley, Colorado, 80631, as First Party, and Christine L. Wilcox and Roderic L. Smith, as Second Party, whose address is 53495 WCR 15, Can, Colorado, 80612. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the N %1 of S %2 of Section 6, 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 3/4 of a mile south of WCR 110, and it is located 30 feet of right-of-way on the west side only between Sections 5 and 6,T9N, 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 ofthe 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 ofthe 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII4 f 4 \\101-4 tin 110h Ski" 7sukatnolo 2956823 05131121 0l q p 0.00J.P. ' Avvoz-ia9� 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: a. Second Party shall design and construct the ROW such that it is adequate for Second Party's needs. 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. 1111111111111111111 III 111111 111111 HI III 11111 IIII 1111 4 2956823 05/31/2002 11:29A Weld County CO 2 of 4 R 0.00 0 0.00 J.A. "Suki" Tsukamoto • 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 representation,promise,or consideration different from the tenns 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. 11. First Party makes no guarantee or warranty as to the existence of ROW or, assuming it does exist, as to whether or not ROW is reserved or dedicated for public use by First Party. 12. Second Party agrees to contact all landowners owning land adjacent to ROW in order to mitigate the potential impacts the road design, upgrade, and maintenance of ROW may have on such adjacent lands. 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. Page 3 of 4 allIIIII ildfouMl0111�2956823 05/31/200211:29A 3 of 4 R 0.00 0.00 J.A. "Suki" Tsukamoto EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLO d through the BOARD OF COUNTY COMMISSIONERS OF WE C Y •�I i •CL a ATTEST: Clerk of e 16611 -,67G> By: /ilt� ,�'�'•l sir ��' By: 4 i�u ..t Deputy Clerk °?& Glenn Vaad , Chair �I� (05j20/aOat) SECOND PAR /J !1 r C ristine L. Wilcox Roderic L. Smith By: Title: tl SLBS;RIBED AND SWORN to before me this 01/4904 U day of ?0O4 By figte0 . T ffrify WITNES my hand and official seal Notary Public My co ission expires: '212'95 AARON B. JEFFREY /Vow {ICY i NOTARY PUBLIC m:\wptiles\agreemnt\non-e elusive\nonexclusive-form.agr.wpd STATE OF COLORADO updated 11/2001 MV COMM.EXPIRES NOVEMBER 2,2005 \I%\\\In 1111111 111111 i 111 III%%\\\III\III\ 2956823 0513112002 Sukl Tsukamo 4 of 4 R 0.00 D 0.00 J.A. Road # /c Sc"c c.<a5" RE: 3, .to Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Date: 03/030 Z_ Weld County Public Works Department 1111 H Street,P.O.Box 758, Greeley, CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name Cht.:5+ine L. W.Iceilt ! Rader/c L. Sm,{A Phone 9•70• F97. Zip o OGl9 Address 5344 9S Wrld Ca P,l !S City C Of% CD__ 2. Address or location of access S'?y9.S •(Aheld ea,Li. IS Section/i./%t cf SA.cc(I Township °1 AJ&1b Range Wet-L b/ -hncieu.Aer/d,' SubBlock Lot Weld ion Weld County Road # /S Side of Road gas,- from nearest intersection 1/2 NV 3. Is there an existing access to the property? Yes X No #of accesses I 4. Proposed Use: ® Permanent ® Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch T I l N Legend for Access Description: AG = Agricultural wc2 iru ill' ; RES = Residential e� O&G= Oil&Gas cR�— am D.R. = Ditch Road nixc 14 C)l 3 sec c. — u ►L OFFICE USE ONLY: Date Date Road Sr sec u&r ADT Accidents Date Road //o ADT di Date Accidents Drainage Requirement Culvert Size Length Special Conditions M.2,-)e-),..c? L1i YE Z./Co COJJ e ea6paeit,u(r.ir • *********************************************************************************************************** ❑ Installation authorized 0 Information Insufficient Title: Reviewed By: 8 i I i1 I I , . 31 !f 3 I 1 • i . • i j 1F41 r.!2. s 1 I — -- - ' i • gum.H N•:a 4•.9 E.,V 1 u ; 4-1 P.10.,1 LE�u 1 21 :439 vJCR 110 ai co,.,. ,,, cn.l M I6 I t 1 ____I i A I (3445 v.)ea I S •z NI .1 1 t..JS p' w F1.M. .. 30/,,1.1. '� 1 I V'{� I— R - - -- _ _..- _--- -- 1 1350 2 I-ZS CAfeR to F-061 Z d I 1-14 UL !i. i1Ny ,j ,9/-.'J,'" `,1.J set. !t" ia.+r :i PrOLi 'v4 3 ---- R a N — DE -1oN,7 11 I :r'.'- t_ i.r,1 5...,s 1.0)4 H/oa'r' Da...a.‘,0 .001. P,,-)t, 5r15//Z NO.C.-,ab IL G,7I,/ I1? 1-1oFF YRCNO1 1 �.4/4/7w wc.1 3$ t..:,.44t"Co d-oci/5 I -------__ . 8 ____..1 , I I 1 �•.n 2sLC T...e�ta • -- ;j-14 1 R v.,:-/R, 15 YC.....- C. $04 f Z --'_ ' u/4Uf6.'Z D4•4IEL I cON0. V •N\E37744,f97 )L"li L;A Kill DFZ L0,1C1.4.+o Co aO l I 904-c lII r« 2_,.!O , JI ' /! AJUNwJ Cu 804„:"8 w,L114u5 IaYWq....p I 177 7 YVGkk_ 1's ca,_,- Cn O6/Z I ,t .I4e". r, t'a,A`.7^1-,-s.0 r.o.Gam*` 'P'i 32. FT Cncc.w2t GflS27 la.o_�I�u. I 0GI/ L___ I it i 1 _31 n '49 j'►aM a- en -(41NI A -3 N� s J ,n I EIJ Y C } 1 U N M o � N 4 M• Dui o � 2 el o'clock M.,. R vNer. 4S4DD7 _ 2 _ • PWARRANTY DEED THIS DEED,Made this 31st day of August l9 95,hemeen Ward H. Fischer, William H. Brown, Charles R. Huddleson and William C. Gunn of the •County of Larimer and Stare of Cohnado.granenaM C. Randall Potter Doc. Fee: $11.00 whose legal addmn le 10657 Mint canyon Road Ague Dulce, CA. 91350 California • of the County of Los Angeles and State onoLWaYo,grantee; WITNESSETH,That the grantor for and in consideration of the sum of One Hundred Ten Thousand and No/100 ($110,000.00)---------________— DOLLARS. the receipt and sufficiency of which is herby acknowledged,has granted.bargainedd.sold and mete nt-J.and by these presents does grant,bargain,sell, Li A0 0 v cony and confirm,unto Ore gramme,his heirs and assigns forever.all the real weeny mgerha with improvements,irany.situate,lying and being in the V \ County of Weld and Slak of CWuwb described as follows: The N 1/2 of the S 1/2 of Section 6, Township 9 North, • Range 67 West of the 6th P.M., County of Weld, State of Colorado. Excepting and reserving unto grantors, their heirs and assigns, the easterly 30' of such property for an easement for the installation of utilities and for ingress from and egress to the S 1/2 of Section 7, Township 9 North, Range 67 West of the 6th P.M., Weld County, Colorado. 2454007 B-1509 P-583 09/01/95 03:21W PG 1 OF 1 REC DOC acid County CO Clerk Re Recorder 6.00 11.00 vacant land is known by street and number a enamor]acheduk or parcel®mitt 62045306000011 TOGETHER with all and singular the hereditament.and appurtenances thereto helanaing,or in anywise appertaining.and me reversion and reversions,remainder and remainders,rents.issues and pouts thereof,and all the estae,right,title.interest,claim and demand whatsoever of the grantor,either in law or equity,of in and to the above bargained premises,with the heedilamenes and appurtenances. TO HAVE AND TO HOLD the said eternises above bargained and described.with the appur manes,unto the grantee,his heirs and wigs Rwe,er.Asd the grantor.for himself.his beem,and personal ngesenmlises.dots crnenaa grant.bargain.and agree to and withthegrantee.his hein and assigns.that at the tine of the aeeating and delivery of these presents,he is well seizedof the premises above caveyed.has good,sum,perfect,absolute and indefensible eslwe ofinheriurce,in law.in fee simple,and has good nets.full wan and lawful authority re gem.bargain,sell and convey the sane in manner and item as afmcmid,and that the sane are free and clear Min all footer and other grams.bargains,sales,liens,rasa.aresfnenk, eacumbraaesandnkm:aionsohA everkindornamrewner.amr subject to rights of way and easements as now established or of record, reservations and restrictions of record, general taxes for 1995 and subsequent years. The grantee shall and will WARRANT AND FOREVER DEFEND the then.bargaind premises in the gala and peaceable pwaevka ofthe granite, hie heirs and assigns.spinet all and every person or penom tearfully claiming ttewbok or my earld¢teof The singular number shall includetbe plural. the plural he singular,and the use of any gender shall be spoilable to all genders. IN ITNESS WHEREOF,the grantor has earthed this deed on the Me 7shox. ardd H,,,Fischey C s R. son William H. Brown lliam C. Gunn STATE OF COLORADO Coantyof Larimer }n' \ The feregoing imuumeat was acknowledged before meths 31st dayof August ,19 95, by Ward H. Fischer, William H. Brown, Charles R. Huddleson and William C. Gunn. My,.,, owesp January 30 .19 97 .Witness my head and oneial seal. i(le.442:4,, I 744/4"asc_oc_. 'If in Denver.inacn'pry tuba' Hams Mere iIwv Ontas Newly Creed red Dew atiosa 1.]514!,CRgy Ns.931A.Rn.#94. WAitiurDT DEED Ger tl 1a 1st Rae SKLD LG 172 . 20 . 16 . 93 WE 2454007-1995 . 001 • '1I1111111I1111111111111111111III IIIII IIII IIII - •. 09/24/1990 10,55A Meld County CO el 1 R 5.00 0 25.10 JR Suitt isukasele - 7 for record the day of ,A.D. 19_, at 'clockM.Ilan No. By o RECORDER, DEPUTY, WARRANTY DEED. THISDEED, Made an this day of Seotember20. 1999 between C.RANDALL POTTER • State Documents Fee Date 9^-a3"ul of the Canty of and State of rX 5�� CHRISTINE L.WILCOX AND RODERIC L.SMITH of the Grantor(s), end whose legal address is : 53495 WELD COUNTY ROAD 15.CARR,&O 80612 of the Count of WELD Y and State of Colorado of the Grantee(s): WITNESS, That the Grantor(s), for and In consideration of the sun of ( 5251.000,00 e••Two Hundred Fifty One Thousand and 00/100••r ) the receipt and wff itl eocY of which Is hereby acknowledged, DOLLARS presents does grant, bargain, sell, convey and confirm t the Grantee(s), their heirsland d a assignwad,gns and by these not in tenancy in common but in joint tenancy, all the real property, together with improvements if any,tlsituate, lying and being in the County of WELD and State of Colorado, described aa follows: THE NORTH 1/2 OF THE S 1/2 OF SECTION 6,TOWNSHIP 9 NORTH,RANGE 67 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO oleo known as street ember 53495 WELD COUNTY ROAD 15.CARR,CO 80612 TOGETHER with all and singular and hereditmmnts and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof; and all the estate, right title interest, elain and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditament' and appurtenances; TO HAVE AND TO HOLD the said praises above bargained and described with appurtenances, unto the Grantee(s), their heirs and assigns forever. The Grantor(s), for himself, his heirs and persoai representatives, does covenant, grant, bargain, and agree to end with the Grantee(s), their heirs and assigns, that at the time of the entailing and delivery of these presents, he is well seized of the premises above conveyed, he. good, sure, perfect, absolute end Indefeasible estate of inheritance, in law, in fee sipple, and has good right, full power end lwful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the sae are free and clear from all former end other grants, bargains, sales, Ilene, taxes, assessments, antis:nonces and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS,AND SUBJECT'TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. FC196890 ISSUED BY LAND TITLE GUARANTEE COMPANY. The Grantor(s) shall and will WARRANT AND FOREVER OFFEND the above bargained praises in the quiet and peaceable possession of the Grantees), his heirs end essigns, against all and every person or persons lawfully claiming the Mole or any part thereof. The singular nurber shall include the plural, end the plural the singular, and the we of any gender shall he applicable to all genders. IN WITNESS WHEREOF the Grantors) has executed this deed on the date set forth above, C • C.C.RAN bMblt STATE OF Colorado ) )axe. County of LARIMER ) The foregoing instrument wee acknowledged before me on this day of r 1999 by :;: eiid - „„)/ �1 , � awsdodi ' Vlotary Public Name and Address of Person Cresting Newly Created Legor-04[cripti ( -35-106,5, C.R,S Enron, FC196a90 When Recorded Return to: CHRISTINE L. WILCOXAID RCOERIC L. SMITH Titles FC196e90 - Form NO. 921A Rev 4.94, WARRANTY DEED (To Joint Tenants) 53499 COLD 12NTY ROAD 15 -.. .�, CARR. CO 804672 `1L7L SKLD LG 172 . 20 . 16 . 93 WE 2722500-1999 . 001 Christine Wilcox& Roderic Smith 53495 Weld County Road 15 Can-, CO 80612 970-897-2804(H) 970-491-2552 (O) 303-618-7815 (cell) May 5, 2002 Arlene Burnham 6932 WCR 110 Carr, CO 80612 RE: Section line access Dear Arlene, This letter is to make you aware, as required by Weld County, that we will use the section line (aka WCR 15) as access to our property. Thank you. Sincer , Christine Wilcox & Roderic Smith Christine Wilcox & Roderic Smith 53495 Weld County Road 15 Can, CO 80612 970-897-2804(H) 970-491-2552 (O) 303-618-7815 (cell) • May 5, 2002 Kenneth Burnham 6939 WCR 110 Can, CO 80612 RE: Section line access Dear Ken, This letter is to make you aware, as required by Weld County, that we will use the section line (aka WCR 15) as access to our property. Thank you. Sincere Christine Wilcox & Roderic Smith U.S. Postal Service Delivery Confirmation Receipt Postage and Delivery Confirmation fees must be paid before mailing. no 4 Article Sent To(to be completed by mallet) m kennt, Pain ham 1 2-01 TS? Ceelia,2j no I .3- ,0 Sdc, P0STALC0STMAEIC 2 0 �� Keep Ns receipt For hlqubler..Accerm c Internet web site al aepa.00m 8 flacaftt-eao-m-tenloz CHECK ONE(POSTAL USE ONLY) O m Priority Mall O Standard Mail(B) PS Form 162,Marsh 1969 (See Reverse) U.S.Postal Service Delivery Confirmation Receipt a Postage and Deliver/Confirmation fees must be paid before mailing. N Ankle Seat To(to be completed by mallet) co rn Arlen , ?iutiham b 0932 Weljta.121 lit) I N Carr, Co eZ I so POSTAL CDSfOMElt O Keep the race:tar IngWle/cmem e O .h SO, hdernm web aim mwww.uepa.can o �, n orcvil-aeamaen p to #14 . CHECK ONE(POSTAL USE ONLY) m it.: � ya Priority Mail Standard Mall(B) PS Fenn 152,Mreh 1999 (See Reverse) MEMORANDUM 154.-1-1 TO: Clerk to the Board DATE: May 13, 2001 IDFROM:C Frank B. Hempen, Jr. Director of Public Works/County Engineer i O 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 Christine L. Wilcox and Roderic L. Smith (RE-328) The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineer Administrator M:\WPFILES\Francie\AGENDA-5.IRC.wpd 2002-1292 Hello