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Home My WebLink About20051772.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 27 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - OLIN FAMILY LIMITED PARTNERSHIP, LLLP 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 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 Olin Family Limited Partnership, LLLP, 13487 Weld County Road 32, 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 the 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 Olin Family Limited Partnership, LLLP, 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 20th day of June, A.D., 2005. oninettir ekg EM\ BOARD OF COUNTY SSIONERS WELD COUNTY, COLORADO 1861 (y � � '__.. ,�/ ;�,.,�� ,��( -""( t4Nt `P 1 .51471-_"- i �l ' """y �� William erke, Chair ty Clerk to the Board 1,0 �j . eile, Pro-Tem BY: / /,t/( �N / deputy Clerk to the Board D ' E. Long APPR D AS TO F \t\ Robert D. Masde ty A orney) —0C-412.9— �y-0 Glenn Vaad Date of signature: .5`— 2005-1772 °(` PLO fl fPL� /L o 700 Dse— (est L'e" , MEMORANDUM CTO: Clerk to the Board DATE: June 13, 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 Olin Family Limited Partnership. The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator RE-4108 WCR 27 M:ArrancieAAgendaDonald.doc M: \Francie\AgendaDonald. doc 2005-1772 367 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thir:43 " day of �<.tAIE , 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 Olin Family Limited Partnership LLLP(RE-4108),as Second Party whose address is 13487 WCR 32, Platteville Colorado 80651. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located the Southwest Y of Section 17,Township 3 North, Range 66 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 27 for a distance of'/ mile North of WCR 32 and located as follows: 60 feet of right-of-way between Sections 17 and 18, Township 3 North, Range 66 West of the 6th P.M. 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. 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. AIM 11111 VIII 1111111 II VIII EMI III VIII IIII IIII 3302367 07/12/2005 01:18P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder °WS—i77;3 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. d 9 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, a 8 its successors, assigns, employees, and agents from any damage or loss sustained by them or any of _-a cc them to the extent caused by Second Party=s negligence with respect to the upgrade and maintenance *IS of the ROW. - U •U C 5. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it 9 lv harmless from any and all third party claims and damages that said upgrade and maintenance may —3 cD 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 -Tco 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. - o —Inc moo -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 _ —C c• unreasonably withheld. c r— 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject N o matter of this instrument other than expressly set forth herein,and no oral representation,promise,or cs, 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. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the sect:on line road intersection for the use of addressing and emergency response. The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. EXECUTED IN DUPLICATE the day an'ool ' st above written. FIRST PARTY: 1 " ' ,� ,�� . N - WELD COUNTY,COLORADO,by an, 1$f I !'l.°.�'I s p. 4411.... � COUNTY COMMISSIONERS OF =Ol o WELD COUN Y, COO \ r4 4`' sii et V" liCie = =� 'V .� a.of Clerk to the Board r ��s�# o °J C3 By: /b-4-4419,4492_,1„."--/--z-4-6- By: 10 E o eputyClerk M. J. Geile, Chair Pro-Tem a d 06/20/2005 =ccoo CU sry r -Ma 00 O SECOND PARTY: a Ln o aoo ---N OLIN FAMILY LIMITED PARTNERSHIP LLLP =Dv g -no O cc�e .(/�C a $ -ma By: CL y' By: N.r (signatu ) (signature) —g m Sh/ k)'ae A OL/ N/ (print n me) (print name) (print name) / to SU\J11.6-646-- ED AND SWORN to before me this 13 day of .t,r X ../ , 2005, By Gm Ob a1, L WITNESS my hand and offi sear ^,, J'l ryr �F.t • Y /� r s ; My commission expires: --JO ".O .411-,•,.,-•-• M:\%PFILESWGREENWTONon exclusive\Olin-agedoc 7P (52 COS—/77,), iii) N _ . , 0) I I I I d ta I I I I ligE I I I I C:Zi 6-i g F H - - - - -H -i Cli I I I E I I I o I ! I I H I o I I I • _ _ I I I r r- 1 isz 3 I I �y I !IlI I • p I �P c� I o 6� s �� 1 O d • s I `A, • I n I ��. t, .n C" `^ i i Q' cn F) I go �� 6. o ' CQ o I o� I I -8 \6/ r I C N . 1 ;I `" Hr n� I . 'o 5 .5i,F I C (K7`6 ^I s ``ri • Js� 4•�yo ' 9, i 41 c I c� ,,, ,s,, s �, I ce '�) ---I �,�, ♦ I 4 I , G 169 I 6,2 Cc SR_S.J_ o (" 'cl 4< '7< a d g- 8 r V MI 1 EDI 11111 (liii 1111111 II 1111111111111 III 11111 NM 3302367 07/12/2005 01:18P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder • Olin Family Limited Partnership 13487 WCR 32 Platteville, CO 80651 May 17, 2005 Jimmy Shutt 15669 WCR 38 Platteville, CO 80651 Dear Mr. Shutt: 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 121117000015, located in Section 17, T3N, R66W 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, Olin Family Limited Partnership LLLP CKNOWLEDGEMENT: m � Iu.a-t 1 -I -0S Print name Date pc: WCR 27 file RE-4108 M:\WPFILESW GREEMNP.LetterioLandowners.doe Olin Family Limited Partnership 13487 WCR 32 Platteville, CO 80651 May 17, 2005 Town of Platteville 400 Grand Avenue P.O. Box Drawer 70 Platteville, CO 80651 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 121117000015, located in Section 17, T3N, R66W 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, Olin Family Limited Partnership LLLP ACKNOWLEDGEMENT: /t//cn'aas 7-/M Ie672--- 6-Y=a5 int a ��_.� Date Print Name Date pc: W R 27 file RE-4108 M:\WPFILESW GREEMNTLetterToLandowners.doc • WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: ;1n jraA, Date: April 20. 2005 RE# : 9inet. Other Case #: 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 Ray E. 6c Shirley A. Olin, Trustees 1. Applicant Name Olin Family Limited Partnership LLP Phone 785-2352 Address City State Zip 2. Address or Location of Access 13487 WCR 32. Platteville. CO Section 17 Township 3N Range 66W Subdivision Block Lot Weld County Road #: 32 Side of Road N Distance from nearest intersection 1/2 mi 3. Is there an existing access to the property? Yes x No # of Accesses 4 4. Proposed Use: ❑ Permanent 14 Residential/Agricultural O Industrial ❑ Temporary O Subdivision O Commercial O Other 5. Site Sketch Legend for Access Description: AG = Agricultural ___I H RES = Residential O&G = Oil &Gas D.R. = Ditch Road O = House O = Shed n NI . , Yd ,,i. _ �. n R '0 '(1. p �i k(� OFFICE USE ONLY: E., 1/41 Road ADT P Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation Authorized ❑ Information Insufficient Reviewed By: Title: .7_ Hello