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Home My WebLink About20021943.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CHRISTIAN STREET, WEST OF CAROLINE AVENUE, IN THE TOWN OF WATTENBURG AND AUTHORIZE CHAIR TO SIGN -ANTHONY AND ELIZABETH ESPINOSA 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 Christian Street, west of Caroline Avenue, in the Town of Wattenburg, Colorado, 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 Anthony and Elizabeth Espinosa, 11534 Christian Street, Fort Lupton, Colorado 80621-0114, 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 Christian Street, west of Caroline Avenue, in the Town of Wattenburg, Colorado, 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 Anthony and Elizabeth Espinosa, 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 22nd day of July, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C L ATTEST: i� AOL / eLetj .. (� 11/42 Glenn Vaad, Chair Weld County Clerk to t� �. y��iOc EXCUSED r, aA ,� David E. ng, Pro-Tem BY: Jr.Deputy Clerk to the Boar. � M. Geile APP AST • t? ) S✓4-2 SK 8 n Date of signature: (/ �s 2002-1943 eel ! ) 4/0/D/ EG0046 • 58 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of , _, 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 Anthony Espinosa and Elizabeth Mary Ann Espinosa, whose address is 11534Christian Street, Fort Lupton, Colorado 80621-0114, as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Lots 11- 15, Clock 24, Wattennburg in Weld County, Colorado, and WHEREAS, First Party for a distance of approximately 210 feet is the owner of the right- of-way known as Christian Street, West of Caroline Avenue, Town of Wattenburg, and located as follows: lying between Block 23 and 24 of the Town of Wattenburg, 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 a portion of said 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 prescribed by First Party, which manner shall include, but not be limited to, the following: 1111111111111111111 11111 111111111111111 III 1111111111111 2975518 08/06/2002 11:43A Weld County, CO 2002-1943 1 of 4 R 0.00 0 0.00 J.A. "Suki" Tsukamoto • 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. 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 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 arising by reason of 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 and 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 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. 11111111111111111111111111111II111111111111111111111111 2975518 2 of 4 R 0! 12 11:43A 0 County, CO 00 D 0.00 J.A. "Sulu" Tsukam to • 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. EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF ATTEST: WELD COUNTY, COLORADO ; � �,�` Clerk to the"Board IICLP By: ! /1 ��., ,.':-: qiN ♦ •y: Deputy Clerk �p ty Glenn Vaad , Chair 07/22/02 SECOND PARTY: �1« B • Elizabeth Mary Espin a nthony pin sa MID 11111 1111111 111111111111 MED III 11111 IIII 1111 2975518 08/06/2002 11:43A Weld County, CO 3 of 4 R 0.00 D 0.00 J.A. "Suki" Tsukamoto UBSCRIBED AND SWORN to before me this / day of t.C.Q , 20 02.. By tm, d- EL e_9-11 n UA4sA WITNESS my hand and official seal C ClitALCH Notary ub ' My commission expires: ---*cs\p,BY PUg;‘, VALERIE \t sto ESPINOSA- i i lei 0 MARTINEZ `o i M:\WPFILES\LET�Espinosa.wpd !Miff "`OQ`P� OF Co'_— II11111111111111111II111 flit 111111I111 III 11111111111 2975518 08/06/2002 00 143q Weld County, Co II 4 °t 4 R 0.00 J.q. "Saki" Tsuktym, o AGREEMENT TO SEEK VACATION OF CHRISTIAN STREET IN UNINCORPORATED WATTENBERG, WELD COUNTY We, the undersigned, being title owners or successors or heirs of the title owners of the lots adjacent to Christian Street, west of Caroline Avenue, Town of Wattenberg lying between Lots 23 and 24 of the plat of the Town of Wattenberg in Weld County, Colorado, hereby agree as follows: 1. Christian Street, as described herein, is an unimproved right-of-way, not maintained by Weld County. Portions of Christian Street are used as drives for the parties and privately maintained for such purposes. 2. The area at the most southerly portion of Christian Street contains a residential structure which is currently in use and occupied. The heirs of Richard Galicia, Sr., intend, but are not obligated by this Agreement, to locate a new residence within Block 23 and occupy such residence within approximately five years and abandon and demolish the current residential satructure. 3. The parties recognize that a formal proceeding before the Board of County Commissioners would be required to vacate Christian Street as a public right-of-way and it is the intention of the parties to seek such a vacation under the procedures set forth in the Weld County Code, Section 24-5-40 or its successor sections, at such time as Richard Galicia abandons occupancy of the above described residence. "Vacation" means that the Board formally gives up any claim that Christian Street, as described, is a public right-of-way. 4. The parties recognize that the result of such vacation by the Board would be to split the right-of-way for Christian Street and attach it to the adjoining lots in Block 23 and 24. 5. The term of this Agreement shall be for a period of twenty-one years from adoption and it is the intent of the parties that their heirs, successors and assignees will be bound by the terms of this Agreement. DATED this�O*day .tete , 200z- Richard Galicia, Jr. Paul Herrera S a. Jjidi Tom Galicia nthony s ' osa ary Ann E inosa M:\WPFILES\AGREE\CHRISTIANST.W PD Hello