HomeMy WebLinkAbout20023124.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 15 AND AUTHORIZE
CHAIR TO SIGN -TRACY WILSON
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 Tracy Wilson, 840 North Lincoln, Loveland,
Colorado 80537, 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 Tracy Wilson 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, C LO DO
ATTEST: ilte# '//v EL L a /i�,�.l
�r sx GI aad, air
Weld County Clerk to the (•ar. 1
r 1861 ( ,r •O Qv 3_ �'A4 i I
d t � ` - avid-E. Long ro-Tem
BY: q!... liw, ��Y�' eiC
Deputy Clerk to the Board.,' vi,^1
-� M. J. eC3" ile /
APPROVED AS TO ,FORM: EXCUSED
liam H. Je
ounty Attornby
/a/ Robert D. Masden
7
Date of signature:
2002-3124
ed ' Pig a)//5O/2 EG0046
• 506
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE
AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this'7day of
Alw , 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 Tracy Lynn Wilson,as Second Party whose address is 840 N.
Lincoln, Loveland, Colorado 80537.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the South
/2,North'h, South 'A, Section 7,Township 9 North, Range 67 West 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 1/4 miles north of WCR 104 and located as follows: 30' of right-of-way between Sections 17
and 18, and between Sections 7 and 8, Township 9 North, Range 67 West in the 6`" 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:
1 111111 11111 1111111 III 1111111 III 1111111 III VIII IIII IIII
3017506 12/23/2002 02:03P Weld County, CO
1 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
0200,2- 5(ay
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.
1111111M 1111111 III IIIIIII III 1111111 III 111111111 HI
2 0154 R 0.00 12D 0.002J.A. "Sulu Tsuk am
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 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.
IIIIII 11111 111111 III IIIIIII III IIIIIII III IIIII 1114 11
3017506
of 4 R 0.00 2D 0.00 2 J.A. "Sukiid" Tsukam to
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY, COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS
OF W LD C] TT�JC ORADO
ATTEST:
r-
Clerk to the oard '
1861 t
/�An I
/lJru e �— J By:
B
B By:
Deputy Clerk Chair
�� Glenn Vaad
iV 12/09/2002
SECOND PARTY:
Title: /41,4,2.e..4
SUBSCRIBED SWOB� � /to before me this Ali Mal day of /iCl n?LW, 200
By.-rtC1ei /K-(l/ 2-t
WITNESS my hand and official seal
J Notary Public
My commission expires: yr���. ..
�.�ptA -
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3017504 of 46 R 0.00�2 2D 0.00 J.A. "Suki" Tsukamoto
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RE: 44%,;
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date:_100/0 7
1111 H Street,P.O.Box 758, Greeley,CO 80632
Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497
1. ApplieantName Tracy wj 1 Qr.., Phone 970-567-0907
Address 840 N Lincoln Cityloovel arsll State_co_Zip A05'i7
2. Address or location of access .
Section 7 Township 9 Range 67
Subdivision Block Lot
Weld County Road # 1 5 Side of Road West Distance from nearest intersection 1 /2 Mile,
3. Is there an existing access to the property? Yes No X #of accesses
4. Proposed Use:
CI Permanent Q Residenual/Agricultural O Industrial
a Temporary O Subdivision a Commercial CI Other
5. Site Sketch ,jp'P Pte.} �/
� 1ALe=ead firM tiotn: it.
RES = Residential
-
O&G= Oil&Gas
D.R. = Ditch Road
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OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert .Size Length
Special Conditions
❑ Installation authorized a Information Insufficient
Reviewed Bv. Title:
8 •
RE. 341 }
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November 14, 2002
Mr. and Mrs. Michael Boehmer
4412 E Mulberry#106
Fort Collins, CO 80524
Dear Mr. and Mrs. Boehmer
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
acy ilson
84 . Linco
Loveland, C 37
November 14, 2002
Mr. and Mrs. Fredrick Smith
6550 WRC 106
Can, CO 80612
Dear Mr. and Mrs. Smith
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
racy lson
840 . in
Loveland, 537
November 14, 2002
Mr. and Mrs. Paul Houser
6985 WCR 104
Wellington, CO 80549
Dear Mr. and Mrs. Houser
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
racy W. son
840 . inco
Loveland, C 37
November 14, 2002
Brunello LLC
2229 Iroquois Dr.
Fort Collins, CO 80524
/ Dear Brunello LLC
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
Trac ilso,
N. L* o.
Lovelan. • 80537
November 14, 2002
Four V Investments
9080 WCR 102
Nunn, CO 80648
j Dear Four V Investments
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
racy ils
840 . L. co
L veland C 80537
November 14, 2002
Mr. and Mrs. Donald Cassidy
P.O. Box 1226
Wellington, CO. 80549
Dear Mr. and Mrs. Cassidy
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
racy ikon
84 . Linco
Loveland, CO 80537
November 14, 2002
Mr. and Mrs. Mathew Michels
P.O. Box 271324
Fort Collins, CO. 80527
Dear Mr. and Mrs. Michels
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
rac Wilso
84 N. Lin o
Loveland, 80537
November 14, 2002
Mr. and Mrs. Howard Williams
52337 WCR 15
Can, CO 80612
Dear Mr. and Mrs. Williams
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 thafyou have been notified by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
T y Wilso
840 N. Lin In
Loveland, CO 80537
November 14, 2002
Mr. Greg Reeves And Patty Deplanes
16058 CR 96
Nunn, CO 80648
Dear Greg and Patty
This letter is to notify all residents using the county access roads 15 and 104 that we are
requesting a Recorded Exemption for my parcel located at 52417 WCR 15. When that is
granted, we will be building another residence on the exempted parcel. 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 by contacting Donald Carrol at Weld
County at 970-356-4000 ext.3750.
Thank you,
L—racy ilson
84 . Lincoln
Loveland, CO 0537
a ;.
MEMORANDUM-. -Y T., s-*
)
IiD€
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 Tracy Lynn Wilson for WCR 15
The appropriate documentation is attached.
Enclosures
pc: Drew Scheltinga, Engineering Division Manager
Donald Carroll, Engineering Administrator
M:AW PFILES\FrandcAAGENDA wpd
2002-3124
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