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Home My WebLink About20051192.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 27 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -JIMMY AND GAYLA SHUTT 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 Weld County Road 27 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 Jimmy and Gayla Shutt, 15669 Weld County Road 38, Platteville, Colorado, 80651, 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 Upgrade and Maintenance of Weld County Road 27 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 Jimmy and Gayla Shutt, 15669 Weld County Road 38, Platteville, Colorado, 80651 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 April, A.D., 2005. BOARD OF COUNTY COMMISSIONERS p . E I�,/)* /,1 WELD COUNTY, COLORADO id-% 1861 tit`, �}} William H. rke, Chair "eld-•Co �jslerk to the Board rrm(,'??+ "��s / / • ,--iiM. J ile, Pro-Tem Deputy Clerk to the Board .n, Da • E. Long APP AS TO Robert D. Masden C my Attorney EXCUSED Glenn Vaad Date of signature: 4/47C 2005-1192 EG0052 (1(;' Ph1/7G 1"°e__ CS-C'S.OS - rD at MEMORANDUM WI I p C TO: Clerk to the Board DATE: April 8, 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 Jimmy D. and Gayla M. Shutt. The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager T Donald Carroll, Public Works Engineering Administrator Sheri Lockman, Planner RE-4037 M:\Francie\AgendaDonald.doc M: \Francie\AgendaDonald.doc 2005-1192 313 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 ,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 Jimmy D. Shutt and Gayla M. Shutt, as Second Party whose address is 15669 WCR 38, Platteville, CO 80651. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at part of the Northeast '/4, North 'h, Southeast '/4, Southeast '/4, Southeast '/4 of Section 18, Township 3 North, Range 66 West of the 6th P.M. in Weld County, Colorado (RE-4037), and WHEREAS,First Party is the owner of the right-of-way known as WCR 27 for a distance of 1/4 mile north of WCR 32 and located as follows: 60 feet of right-of-way between Sections 17 and 18 in Township 3 North,Range 66 West of the 6th P.M. 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: a. ROW shall be constructed and maintained as a graded and drained all-weather road. 1111111 11111 11111 11111 111111 1111 1111111 III VIII IIII IIII 3282313 05/02/2005 02:51P Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder /sues_//9o? • 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 Hill H111 1111111111 I I I III 1111 III IIII III 11 111 3282313 05/02/2005 02:51P Weld County, CO 2 of 4 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 $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors, and assigns. 111111 III 3282313 05/02/2005 02:51P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF W LD COUN Y. COLORADO �I �p ATTEST: atedell / 7 , Clerk to the Board rtid•. J 1/86I By: i d�T? ��.� t -BY: t.,� fit_.,_, Deputy Clerk .2-1),,,,t_:•' ' :7' William H. .Ierke, Chair APR 1 3 2005 N. in . SECOND PARTY: JIMMY D. SHUTT. GAYLA M. SHUTT y: �i BY 7o._.,,, to a 1l1k wner Owner F ilv SUBS RIBED AND SWORN to before me,this �) day of (�4n , 2005, By Y O �,1 4/L4-- WITNESS trtyfithd'agd official seal g — I - , Notary Puli�ic x Off-T".:4141, commission expifes: 5:y1,4..41—k)y ,,'_g pG' Jp'N No '" M:\W PPILES UGR2EMN1 Noncxclusive\Shutt doc III VIIIIIIIIIIIIIIIIIIII III VIII IIII IIII IIIIIIIIIIIIII 1200 0.0o2•s�e a Moreno Clerk&Re aot gR0.00 e_yec6- -y/94 Road R. D. W. Research at Title Company i i, I 3 ,0 I �\ti ,2 i h. R l� \9 ! o, I ti ,inlb v� i ,� I o'1 1 6' 61' � 1 '\$ I I I �' I ‘711 I �'-f\ a'°1 I °'v 1 3 b I Ai n el I ,° ,°� °"` I fi b T1/ i I � I �I v;�� ,o I q ' I '/1 3'`� s'' I 1) —) -0-- --4-7 i _L i 3, 1 \' 4: 1G, ,,I gyp. a- I ;,, 1) a' a ti 1 p0 \tip 1 ,5,\ 1'\� ,0'� Date : vz„,/9/°$ School Section are f �&, � I 1 �4 Initia�.s • 15669 WCR 38 Platteville, CO 80651 February 14, 2005 Town of Platteville 400 Grand Avenue P.O. Box Drawer 70 Platteville, CO 80651 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 Number 121118000008, located in Section 18, T3N, R 66W 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, my D. Shutt Gayla M. Shutt ACKNOWLEDGEMENT OF ADJACENT LANDOWNER(S) /V/GnloL/1'5 1- S-if-o5 Ppint Na e Date Print Name Date Signature 7ctr7 c—"t-ve Signature pc: RE-4037 M:\WPFILEST0N-C\REnotify-l.doc M:\WHILES DON-C R Enot i fy-I.doc • 15669 WCR 38 Platteville, CO 80651 February 14, 2005 Olin Family Limited Partnership LLLP 13487 WCR 32 Platteville, CO 80651 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 Number 121118000008, located in Section 18, T3N, R 66W 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, Ji my D. Shutt Gayla M. Shutt ACKNOWLEDGEMENT OF ADJACENT LANDOWNER(S) S O/;� 2-yo- SkaIe / ()Li Print Xame Date Print Narrfe Date 15669 WCR 38 Platteville, CO 80651 February 14, 2005 Town of Platteville 400 Grand Avenue P.O. Box Drawer 70 Platteville, CO 80651 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 Number 121118000008, located in Section 18, T3N, R 66W 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, Jimmy D. Shutt Gayla M. Shutt ACKNOWLEDGEMENT OF ADJACENT LANDOWNER(S) �l//G/fo°As 7- 496tty 3-/S os Spe Date Print Name Date Signature pern-7iviC.--4,1 Signature pc: RE-4037 M:\W PFI LES\DON-C\REnotify-1.doc M:\W PFILES\DON-C\REnotify-Ldoc INVOICE Number: WELD COUNTY PUBLIC WORKS DEPT. Date: 2-14-2005 P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 To: JIMMY D.AND GAYLA M. SHUTT 15669 wcr 38 Platteville,CO 80651 QTY DESCRoaRI UNIT PRICE TOTAL 1 Fabrication and InstallPTIONation of $150.00 Crod Sign(blue& $150.00 ss white) "v 8r 2nsl' yt' x, j�,. .7 s y i j t ' a e e c I-r r .�. @a ,,� 4a g ' " .', t.,$ g,,� 'W � ear�� , < *'hs ii `.. 4 *fi y ysyu * A'E . k u = d-w, rc TR.. x _ ; ��' ISI' � w E§ r r 'i ."U -; r ✓i" fir"^` .. $iy�,o- *ate«, fir. A N'^ .A+a 9arm. w .$` '_� a sr. �#' t' imt►ws:. "'' $150.00 rI:30 70 740' r "y 00 ' 6CICI`lI p to a .'s` " w " =fr byu,.cf"'E Road File#27 section line 15 Other Case# RE#4037 Road 27/32 Sections 18 Township 3 Range 66 O Installation Authorized Title:Reviewed by: Date: Locations: WCRs 27 and 32 RE-4037 a 5ECi8 IIN. .SCL fl] u u CCM ef�'iCY " Jr". 3 i �/ M:\WPFILES\MONA\invoicerdsigns.doc _..__.. ._ '1 iNCYL 2 5 2,0 KeistiL MEMORANDUM Sheri Lockman, Planner II DATE: February 14, 2004 illiDeTO: FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-4037, Jim and Gayle Shutt The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 34 is designated on the Weld County Road Classification Plan (FHU) as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR 27 is designated on the Weld County Road Classification Plan (FHU) as a section line. The road is NOT maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The applicant shall utilize the existing residential access to this parcel. (Lot D) The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way if the County has right-of-way. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet. Lots A, B, and C shall share a joint access point from easement or County right-of-way. pc: RE-4037 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4037.DOC Hello