HomeMy WebLinkAbout20053463.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY ROAD 6 AND AUTHORIZE CHAIR TO SIGN -
ELIZABETH VIGIL
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 6 Right-of-Way 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 Elizabeth Vigil, 25255 Weld County Road 6,
Keenesburg, Colorado 80643,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 6 Right-of-way 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 Elizabeth Vigil be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign any necessary documents.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of November, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
/. 4 �WELD COUNTY, COLORADO
ATTEST: gtaki / 'I ,va �� 7,
illiam H. -rke, Chair
Weld County Clerk to the ;w; /
BY: ,tit Val1
D uty Cle to the Boa/. A
Davi Long
APV7=D A M:
Robert Masden
County Attorney
Glenn Vaad
Date of signature: I24 X05
2005-3463
��, Ad •�2� �L DiG 2 -
MEMORANDUM
I
C
• TO: Clerk to the Board DATE: November 18, 2005
COLORADO
FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit this item for the Board's next agenda.
Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County
Right-of Way with Elizabeth Vigil.
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Engineering Administrator
M:\FrancieW gendaDonald nonex.doc
ri,
4l
M: \Francie\AgendaDonald nonex.doc
2005-3463
2,
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this „Zfe"day of
f Dl/ ,2005,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 Elizabeth Vigil,as Second Party whose address is 25255 WCR 6,Keenesburg,CO,
. 80643.
WITNESSETH:
WHEREAS,Second Party desires to more effectively access property located at Parcel# 1475-20-0-
00-019,RE-4206,Part of the SE 1/4 of the SW 1/4 of Section 20,Township 1 North,Range 64 West of the 61h
P.M. in Weld County,Colorado,and
WHEREAS,First Party is the owner of the right-of-way known as WCR 6 between WCR 53 and the
Denver-Hudson Canal (A.K.A. Henrylyn Canal) and located as follows: 60-feet of right-of-way between
section 20 and 29, in Township 1 North, Range 64 West, 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 rime 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:
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,
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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 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 tenns or provisions, to a person or
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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. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs
identifying the section line road intersection for the use of addressing and emergency response. The
blue and white signs identify a non-maintained County right-of-way. Distance and location from the
nearest maintained County road may require additional information signs. If existing signs are in
place,the fee may be waived.
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.
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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO �
ATTEST: LG�10r
X711
Clerk to the Board
By: / flA 1 Gt-Y(CG
Deputy lerk ;r ��' `/ William H. Jerke, Chair
%( � II/2a/2oos
•
SECOND PARTY:
Li
t Name
By:2,
SUBSCRIBED AND SWORN to before me this ,7( day of ( ire2,B 5,Q , 20e5-,-
By
WITNESS my hand and official seal 049,4e27 fr -
CATHERINE J. SCHLAGEL
NOTARY PUBLIC
Notary Public STATE OF COLORADO
My Commission Expires 12/16/2008
My commission expires:/a -/4-Og
M:\PLANNING—DEVELOPMENT REVIEW\2E-Recorded Exemption\2E-4206\Elizabeth.VigiLNELA.doc
(Updated 4/2005)
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Elizabeth Vigil
IUDc Keenesburg, CO 80643
COLORADO
September 15, 2005
Douthit Hudson LLC
4886 SH 66
Longmont, CO 80504
To Whom It May Concern:
This letter is to notify all property owners using the County section line access that we are
requesting a Recorded Exemption for our Parcel No. 147520000019 located in Section 20,
Township 1 North, Range 64 West of the 6th P.M., Weld County. When that is granted,we
will be using the section line for access to our residence on the exemption parcel. The
reason for this notification is that it will add another residence sharing the current access
road, and Weld County Public Works 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. Your signature on the certified mail receipt will
also acknowledge notification.
Sincerely, 7
E!izabai Vigil 1
J
A NO g:
Lei S, Doit �t io�3� OS'
Print name Da Print name Date
pc: WCR 6 file
M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4206\Vigil.LetterTolandowners.doc
SEN•E•: C�M'LETE THIS SECTION C•M•LETE THIS SECT/•N•N RELIVE•Y
■ Complete items 1,2,and 3.Also complete X S
417
item 4 k Resstrictee Agent
d Delivery is desired. ,
• Print your name and address on the reverse .i i. O Addresse
so that we can retum the card to you. B. Received by(Hinted Nerve) C. •= of••frier
• 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 delivery address below: O No
4( N S/f- (7
kam vi,,, _ 14 (, Z U 3. Service Type
OW ❑Certified Mall O Egress Mail
❑Registered O Return Receipt for Merchandls
O Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
7004 2890 0001 2715 3843
PS Form 3811,February 2004 Domestic Return Receipt 1o2sosm.ra-154
SENeE•: C�M'LETE THIS SECTION C•M•LETE THIS S'ECTI•N•N •ELIVE•Y
■ Complete items 1,2,and 3.Also complete A. re
Item 4 if Restricted Delivery is desired. O Agent
• Print your name and address on the reverse O Addressee
so that we can return the card to you. S. ved • (Hinted Name) C. Date of Delp/eft
• Attach this card to the back of the mailpiece, - -Z-al
or on the front if space permits.
D. Is delivery address different from Item 1? O Yes
1. Article Addressed to: k YES,enter delivery address below: O No
Irk o-0-e--i---
To? (el jS
8obKGC.tzI 57C-"' 3. Service
Certified Mall ❑Express Mall
O Registered O Return Receipt for Merchandise
❑Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2 7004 2890 0001 2715 3850
PS Form 3811,February 2004 Domestic Return Receipt 10259c.ng-M-154
Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1
411 Weld County Public Works Department
.w 1111 H Street Mailing Address:
Greeley, CO 80632 P.O. Box 758
Phone: (970) 356-4000 x3750 Greeley, Colorado 80632
COLORADO or (970) 304-6496
FAX: (970) 304-6497
RECEIPT
Application/Permit Number: NP05-00017
Application/Permit Type: Miscellaneous/NA
Applicant Name: Christine Curl/Colorado Tenderfoot Properties II Inc
Applicant Address: PO Box 499
Keenesbuyrg, CO 80643
Receipt Number: 286
Payment Method: Check
Reference Number: 2397
Amount Paid: $100.00
Payment Date/Time: 11/17/05 12:11 :41
Cashier: Marj Caudill
Comments:
TB10B-D
Version 4.0
http://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayD... 11/17/2005
RECEIPT -
WELD COUNTY PUBLIC WORKS DEPARTMENT
Greeley, Colorado 80631 r�
DATE �' .1 RECEIPT NO. 5 5 4 2
RECEIVED FROM
DESCRIPTION PERMIT NO. FEE
Transport Permit
Utility Permit
Plans
TOTAL $
O CASH CJ' CHECK O MONEY ORDER
By 7 /!
COPY
INVOICE
Receipt No. PUBLIC WORKS PERMIT APPLICATION
DEVELOPMENT IMPACT FEES
Date: WELD COUNTY PUBLIC WORKS DEPARTMENT
P.O.BOX 758
Account/Fund: GREELEY,CO 80632
970-356-4000,EXT.3750
APPLICANT(S)
Applicant Owner Elizabeth Vigil do Christine Curl
Street Address P.O.Box 499
City KEENESBURG State CO Zip 80643 Phone Number Fax Number
303-884-3466
Subdivision Name Case# RE-4206
Lot(s) A&B Block(s) Sections(s) 20 Township(s) Range(s)
1 NORTH 64 WEST
Area in Acres 160 Existing Zoning AGR Existing Use of Property Number of Proposed Lots
RES/AGR 2
FEE SCHEDULE
QTY • DESCRIPTION UNIT PRICE TOTAL
Development Construction Permit $150.00/lot
Dwelling units $750.00/lot
Non-Dwelling Units
Offsite Road Agreements/Haul Route Agreement Review $500.00
Flood Hazard Development Permit $180.00
Storm Water Permit $180.00
$180.00
Geologic Hazard Permit
$100.00
g, { �c
1 Non-exclusive License Agreements ,L r7�G�'., -OL,�i 7 $100.00
1/2 Fabrication and Installation of Cross Road Sign(blue&white) $150.00 $75.00
SUBTOTAL
TOTAL DUE $175.00
Reviewed by: Title: Date:
o Cash ❑ Check # o Money Order #
By Date:
M\PLATINING—DEVELOPMENT REVIEVARE-Recorded ExervionURE4206\Vigil.lnwice.doc
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COLORADO TENDER Fd dW R0PERTIES II INC
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