The URL can be used to link to this page

Browse Search

Home My WebLink About20051727.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 38 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - ROY AND JACQUELINE NELSON 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 Weld County Road 38 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 Roy and Jacqueline Nelson, P. O. Box 526, Kersey, Colorado 80644, with further 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 Weld County Road 38 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 Roy and Jacqueline Nelson 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 13th day of June, A.D., 2005. E z co BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1861 Jr L`�^��( William H. Je e, Chair fraid Clerk to the Board 1 Bile, Pro-Te -BY:" Deputy Clerk to the Board Da • E. ong AP D AS TO F Robe D. Mas e my Attorney Glenn Vaad Date of signature: 2005-1727 EG0052 0'Ll ' Pte, /11-07,, et 047-,;a2 os' pticci\e MEMORANDUM I CTO: Clerk to the Board DATE: June 6, 2005 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Roy T. and Jacqueline F. Nelson. The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator RE-4085 WCR 38 M:\Francie\AgendaDonald.doc M: \Francie\AgendaDonald.doc NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this/-4 day of ,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 Roy T.Nelson and Jacqueline F.Nelson, as Second Party whose address is P. O. Box 526, Kersey, Colorado 80644. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the Southwest `/o(RE-4085)#105332300012 of Section 32,Township 4 North,Range 64 West of the 6th P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 38 for a distance of %2 mile East of WCR 51 (section line) and located as follows: 60 feet of right-of-way between Section 32,Township 4 North,Range 64 West and Section 5, Township 3 North,Range 64 West in the 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: a. ROW shall be constructed and maintained as a graded and drained all-weather road. HUH 11111111111111111III111111111111III11111 illl IIII 3304694 07/20/2005 02:26P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 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. I 1111 11111 11111 Nil III 111111111111111 11111 II11 I'll 3304694 07/20/2005 02:26P Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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. I\II\\\II\II\\\\\I\II\\I\\\IIIIIII VIII\\\II\II\\\\\II\ 3308594 0712012005 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk 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 CO y*'1' s.,;RADO / ATTEST: Clerk to the Bo 1861 ': iiimpf♦{ By: i� ..1�r� `�..�<Q. r ` -vv-/ Depu Clerk �� ;` � William H. Jerke, Chair ��-►� JUN 13 2005 SECOND PARTY: ROY T. NELSON JACQUELINE F. NELSON • By: By: ' SI AC -J signature signature 'C0 SUB ED AND S\, T to before me this day of , 2005, �J By f Li, f r (� ,: . ,c WITNESS my hand and official seal 4,azed-etea- X, I Notary Public My commission expires: � 7 w ? O M:\WPFILES\AGREEMNI\Nonexclusive\Roy&Jacqueline Nelson-ag.doc '�'• %CI _'L.. COOtABW e gin ' 'It; OF t;''' 1 111 11111 11111 1111111 III 111111 11111 111 11 1111 111 i/ 3304694 07/20/2005 02:26P Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder owes--/7c,7 7 J . ' l. , w 4 "', 1 :S. L. „„; '-'44,--,,, '",‘ !fill 34 \ i; 4' l ' I . 3 Ity .o- I 1 ,w: _. .. � ' lib I k A f ++5 tiii �.. t 2� i t 6 q• wF + "Sr, ' A^( I T It- p Y 1 Y L. a I 7L 1111111111111 III 11111411111 IIII IIII 3304694 07120'2005 02:26P Weld County, CCI - 5 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 0 U 4 a •o`. 0 E lilt a sa rLa 1u 11 3 ti z _ r r nia`6'co x .t'm i(°PM }o 44w t J. a,_ r • ,t, w w- a i xr S ii 8 .emu lain_ yoga/7 ,L • a di ,n r O0 J a r b a o yr h � Ty3 r f' F.ad H YE, yQ 6 re atg7 ua/tJaS/Paoe • e , 0 09900 s ii c € ill $ f LL S111 G L i s 1111 1 ml zli E O !] 2 ! • • -Township .To. ', . of Range Yo. ';.s IVest of the Nth Principal.,Meridian. }46 i n 1 . 2 t t - .. i ..• . , . , . ____......,.._...,.,......L. ______.....4,..............,;101.1•01..ITIMEM.1•110E.E6.RIRIP 4,11..... 1 ...— ——— •SII 1 e� a I i '1 i v I 4 ; 11 d, k,— —--i—— ..-1 A..................1. 1-64- ! i s—fir-Art , r E . IE �9I. 17 16 .- t6 t4 E 15 t E , i d �E r :: I y . a tz• i 1 a #. 119t021 + $ 213 4J i. , .A,, *.'''. :1 - **, r1k I 3 1 I 1 - i / ., ._._... 29 • -----t•- -- 2e- r.,,. ._ 2T 26 ..._...... .... 25 .._....-. . lit ! I . •:,!-, , . i rx _ _ —— —— — 7_4............._ 1 l . ,. •4,.„,„ rj, ` i I I i • 1 # - 7 ii ,t,;. . . 31 I. 315. t t . /// 4 ,*„-„ c:a,:.- a : I.-.Pre rwDtkm Wing.a..,. R--Tim Mr Cullom FI%t,y. 4'- i �� Lemli nut utL..rgternnrIud ore tncaut- x( „4/.._,,,,,,__‘.)5 `1 /C } t.. ^ jRI ti I ov �} 0 , , •, •,u N ti ♦ o 'cam ri rr c. v } ^` ill h TIH � W j of O PLC) N. $ Csp ` I �, 5a Nn ^` I S ct , U (W �1 oF, ) a) 6 C ts- C4 • M �, V--) • (:4 , ._.__..._.... ra CO ‘ w co S. 23 -a Ca .4444' II C0 O O U I Order Declaring all Section and Township lines on the Public Domain of the United States in Weld County, to be Public highways, etc., passed by the Board of County Commissioners October 12, 1889. WHEREAS, Section 2477 of the Revised Statutes of the United States provides: "The right of way for the construction of highways over public lands not reserved for public uses is hereby granted," and WHEREAS, by virtue of an act of the General Assembly of the State of Colorado,entitled: "An • Act to Amend Section 4 of Chapter 95 of the General Statutes of the State of Colorado entitled,'Roads and Highways," approved April 7, 1885,it is provided, "The Commissioners of the County may at any regular meeting by an order of the Board declare any section or township line on the public domain a public highway, and on and after the date of such order, it shall be attested by the Clerk, under the seal of the County,and recorded in the office of the Recorder of Deeds. The road so laid out shall be a public highway,"and WHEREAS,the public interests require that there be public highways on all section and township lines on the United States public domain, within the limits of the County of Weld. • IT IS HEREBY ORDERED,by the Board-of County Commissioners of the County of Weld,that all section and township lines on the public domain of the United States,within the County of Weld and • State of Colorado, to wit In townships 7, 8, 9, 10; and 1'1 north in ranges 56,57, 58, 59, and 60 west of the sixth principal meridian; townships 1, 2,3,4, 5, 6, 7, 8, 9, 10,and 1 I north in ranges 61, 62, 63, 64, 65, 66, and 67 west of the sixth principal meridian; and townships 1, 2, 3, and 4 north in range 68 west of the sixth principal meridian; and in sections 19 to 36, inclusive, in township 12 north in ranges 56 to 67,inclusive,west of the sixth principal meridian, be, and the same hereby are, declared to be the center of public highways or County roads,which said roads shall be and hereby are declared to be roads 60 feet wide, being 30 feet on each side of said section and township lines, and BE IT FURTHER ORDERED, that a duly certified transcript of the order and action of this Board concerning said public highways, duly attested by the Clerk to the Board under the seal of the • County of Weld,shall be forthwith prepared and recorded in the office of the County Clerk and Recorder of Deeds of Weld County, Colorado, and • BE IT FURTHER ORDERED,that the County Clerk and Recorder of Weld County,Colorado, be, and he is hereby instructed when said certified order is so recorded, to prepare three certified transcripts of such recorded order, one of which transcripts shall be mailed by.him, by registered letter, to'the Honorable United States Surveyor General for the State of Colorado; another to the Honorable Register and Receiver of the Land Office at Denver, Colorado, and another to the Honorable Commissioner of the General Land Office at Washington,D.C.,and that said County Clerk and Recorder shall make report of his acts and doings hereunder at the next meeting of this Board. On the first day of the next session of said Board of County Commissioners, to wit, on the 6th day of November,AD., 1889, the County Clerk of Weld County reported of his acts and doings under the above order to the effect that he had duly executed the order of the Board above specified in detail. • MCTBICTBFORMSARE1889 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado • 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: 4O Date: 4- I I- OS RE# : 140 85 Other Case #: 1. Applicant Name Kay tsotky aKd 3eitt frte ,ye Wok Phone -. - Address PD Rev (24 City Kt,sey State (0 Zip yp6w 2. Address or Location of Access 5(1 y4 Section 32 Township Range 61/ Subdivision Block . Lot Weld County Road #: 3? Side of Road iVo,t4 Distance from nearest intersection/Xi"des 3. Is there an existing access to the property? Yes No X #of Accesses 4. Proposed Use: ❑ Permanent AI Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil 8 Gas D.R. = Ditch Road = House O = Shed A = Proposed Access = Existing Access NT C A $ • CA 3S Rv/ S • OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date • Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: -- -7- • - f FROM (WED)MAY 25 2005 0 :05 SST. 0 :09 P 2nr Roy T. and Jacqueline F. Nelson P.O. Box 526 Kersey, CO 80644 April 11, 2005 Pluss Turkey Farm do Conagra Inc. 1 Conagra Drive, cc 362 Omaha, NE 68102-5001 Dear Sir or Madam: This letter is to notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel number 105332300012 located in Section 32, T4N, R64W of the 6th P.M., Weld County. When that is granted, we will be building another 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, Ke /AY WittiOdi 111966r) Roy T. Nelson Jacqueline F. Nelson ACKNOWLEDGEMENT: pl? Iciff :t aA49 164"7 414 Crlageit"1 Print n Y A me Date 10 4 AD�,,�aal a hASA-4 e:ati 69 5OI AA og. cmuto &Av-fldA 41a Signature „Q,•�rYW� "^ °t" 303-hq//-2gob . �y l4 YU. pc: RE-4085 M:\W P F I LES\D0N-CSR Enoti fy,doc Roy T. and Jacqueline F. Nelson P.O. Box 526 Kersey, CO 80644 April 11, 2005 Robert Hoff 24472 WCR 38 LaSalle, CO 80645 Dear Mr. Hoff: This letter is to notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel number 105332300012 located in Section 32, T4N, R64W of the 6th P.M., Weld County. When that is granted, we will be building another 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, ah ,_jae.c±ette., Roy T. Nelson ((( Jacqueline F. Nelson ACKNOWLEDGEMENT: �O.rbcuu, J, H o C•C Print name Date /.L Signature pc: RE-4085 M:\W PFILES\DON-C\REnoti(v.doc Roy T. and Jacqueline F. Nelson P.O. Box 526 Kersey, CO 80644 April 11, 2005 Becker Ranch LLC 25605 WCR 36 LaSalle, CO 80645 Dear Sir or Madam: This letter is to notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel number 105332300012 located in Section 32, T4N, R64W of the 6th P.M., Weld County. When that is granted, we will be building another 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, / J1114A__-/ L./L._4(446d Roy T. Nelson ' Jacqueline F. Nelson ACKNOWLEDGEMENT: L3ecKtR RAW Chi <<- c - 19-os Print name Date ,e ) Signature pc: RE-4085 M:\W PFILES\DON-C\REnoti fy.doc Case # 4O 85- i n Name I�ELsoN u! JUN 3 ,r�� WCR Location 40 ) s3 WELD COUNTY PUBLIC WORKS DEPT NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL C.•n.. - Cc 4/-/t-oc Documentation of Proof of Right-of-Way (CIS Dopt.) or document of an easement shall be provided to the Department of Public Works. X One (1) copy of Non-exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way. This document shall be signed and sealed by a Colorado Notary Public. 4//--o< An 8 '/z inch by 11 inch map, drawn, indicating type of right-of- way/easement; whether it is dedicated, private, or deeded to provide adequate access to the parcel. The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. '3/47/-65- The applicant shall complete a Weld County Road Access Information sheet. X $150.00 fee for the fabrication and installation of blue and white cross- road sign. aO-3-0-) The above information shall be submitted to Weld County Department of Public Works. w • Send to Clerk to the Board for hearing date M:\W PFILE5\DON-C\5ubckiist.doc WELD COUNTY PUBLIC WORKS DEPT. P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 Qi��}� 4�A�o,/ o ez—snsi torn 3 2 5 5. Aoki' ✓YCleon, ..1050443 2 B: iea, 6,26 is / ., �J4 Co- 80644 boa. wu ?. 100 A BLIC WORKS DEPT. g ', 32 Y,� waa County Bank 3750 Evans,CO805N v",., :sir u -/eE-clots I: 1,0 7006460.: i0 50 4 4 3u' 3 25-E Kersey,CO 80644 QTY DESCRIPTION UNIT PRICE TOTAL l Fabrication and Installation of $150.00 $150.00 Cross Road Sign(blue& white) SUBTOTAL TOTAL DUE $150.00 Road File# 38 Other Case# RE# 4085 Road 38/51 Sections 32 Township 4 Range 64 ❑ Installation Authorized #105332300012 Reviewed by: Title: Date: M:\W PPILES\AGREEMNT\invoicerdsigns.doc Hello