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Home My WebLink About20053115.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCEOF WCR 2 AND AUTHORIZE CHAIR TO SIGN -JAMES BRNAK,CIO JEFF BRNAK 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 2 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 James Brnak, Go of Jeff Brnak, P.O. Box 305, 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 Weld County Road 2 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 James Brnak, Go of Jeff Brnak 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 24th day of October, A.D., 2005. BOARD OF COUNTY COMMISSIONERS ��..` WELD COUNTY, COLORADO D�//�/ William H. rke, Chair 1661 I( ; Zi lerk to the Board M. . Gei e, ro- ems ��...• ty Cle k to the Board �o D ono APPRO D AS TO F ,;c7 ��, Robe D. Mas en ounty Attorney Glenn Vaad Date of signature: 13 /OS 2005-3115 EG0052 &Cr' MEMORANDUM CTO: Clerk to the Board DATE: October 18, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Enginee 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 James J. Brnak c/o Jeff Brnak. The appropriate documentation is attached. Enclosures pc: Donald Carroll, Engineering Administrator M:\Francie\AgendaDonald nonex.doc M: \Francie\AgendaDonald nonex.doc 2005-3115 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND 290 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 James J.Bmak c/o Jeff Brnak,as Second Party whose address is Box 305, Keenesburg, Colorado 80643. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at the South 11/2 of the South'/2 of Section 31,Township 1 North,Range 63 West,of the 6th P.M.in the Weld County, Colorado, and WHEREAS, First Party is owner of the right-of-way known as WCR2 for a distance of one mile West of Weld County Road 63 and located as follows: 30 feet of right-of-way on the South line of Section 31, Township 1 North, Range 63 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. 1 111111 11111 III111111111 III 111111111111 III HMI IIII 3337290 11/03/2005 02:52P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder CS 3//S 111111111111lIIII EMI III Intl �ll11111liii1111 3337290 11/03/2005 02:52P Weld County, CO 2 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. - 2 - 11111111111111111 EMI III 111111111111 �� 11111 �� • 3337290 11/03/2005 02:52P Weld County, CO 3 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. - 3 - 111111111111111111111111III 1111111111111 HIM 1111 3337290 11/03/2005 02:5213 Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 WELD COUNTY, COLORADO TTEST: e B� � ar 1861 ��as1"� 1 'an E CYI� B Y. a3u. eputy Clerk William H. Jerke, Chair 10/24/2005 SECOND PARTY: JAMES J. BRNAK c 1 BY9S(, LA k� 62' By: SUBSCRIBED AND SWORN to before me this -5- day of _f f';L , 2005, / CATHERINE J. SCHLAGEL WITNESS my hand and official seal NOTARY PUBLIC STATE OF COLORADO My Commission Expires 12/16/2008 Notary Public My commission expires: 7,7 _xe,o M:\WPFILES\AGREEMN7 Non-exclusive\Bmak-agr.doc - 4 - 49CO.5-3i/, 3 -# r -rte)41:e � it1i. `` ��c �t ' :. �` fly .� .1 3 ' qE A r tt` Er A.1 "�' r >:. � �m4. 4 iii....._ .4 .W k it'd � � z, -'TI ...e tzrAlkedgyiitr. t � ' $ `" r ; fe` _4.:+-1.,-)k:.1c u,. , s ,. >�� ' , rj, L 0 ai,. • 4 • 5 < y ` � `" �` ! o f T s 1 Y .4" i _, . mm s a' P �x ", i �. �y w.. ,y� -_ �� i 2Y N-xe�' 4 ....a .,;,.. � T g. zI 1 k 15' ,f, - h 1 , ;Y s -S" � s �� s � >��#�+rk`a tom°`a :.. Ik ' ,i . �,� .� :_ �� ' T^ ' .1 1 �. ' g e: a .,:,,-,.!..-,-:e- E k ' 35 M , of # n".-./...,,,:., �` . _ tom. T f ax *4."i s� 7'..raid.1 a� ... u:±i sue.,,': - r ! _ S. 4' 1111111 VIII VIII 1111111 III IIIIII IIIIII III VIII IIII IIII 3337290 11/03/2005 02:52P Weld county, CO 5 of 5 R0.00 D 0.00 Steve Moreno Clerk& Recorder 61 63 65 • ' �' 1 ' . N �rri�P ipn 1 C 'ID--- 1\ ° 7 t: cavla }h "y"" '3 a \ Alt, q, Sec 3 / \ t I I Vil„,lI•C 'v s Like -tea \ VtlE+5Y BouAkk1 \ 9 //2 Al lb \ M ti 5& S, , SEC 3/ Nil.� \ o 0 /3oaed..' \ O H LoTD \ of �tssr �,� ��/ymi� ,39 tHSAcres \ 4 ^ r✓' Lo r. \ �I► a2 a . a — g)S ' ti / y wEcp couni , Pit/ Aye 4 Ffiti-7-.EMAfil7iFj1 4 trricio,-I•iov‘ /2E- V 3 7___ ¢r An C V7-- -3/4-N\ __ - - .. _t /mid/e , . . / u� t term �'nuiuony N / S/2� cSf G 3 ( oiLl4c I I I / d5) I k5-nun; ME I - - - f I km LO'TD \ BEST , i B,r1,n, 139-1+�5 acct f c--�vt BpUh02Y ��hu'�t \ LoT p c.--.7 acres Y O ` Access Fo I a,I0,;„ r v - - - - \ En velort I \ 5->Acetc i, 5 ?, SEc 3/ und<p9,ou„�� 1a ii I;NL , 44 \ v N W \ oft. rn►J&T \ \ a INVOICE Number: WELD COUNTY PUBLIC WORKS DEPT. Date: 3-24-2005 P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 To: James J.Bmak Box 305 Keenesburg, CO 80643 QTY DESCRIPTION UNIT PRICE TOTAL Fabrication and Installation of $150.00 1 Cross Road Sign(blue& $150.00 white) SUBTOTAL TOTAL DUE $150.00 Road File# 2 Other Case# RE# 4031 Road_2/63 Sections 31 Township 1 Range 63 ❑ Installation Authorized Reviewed by: Title: Date: M:\WPFILES\AGREEMNT\invoicerdsigns.doc tit Z , V 0 e' 4 I a0. Bt4e �4. IL Rig LIth Sigh a ht 0 [[AA� Oete 6e F Wv eR h1 h 8oth9�hite �. e 1 Siei , �i��♦Ii+I..I.♦ `P�� s �. J 4 0 Be Io op ^` 0j She%I.,e�jPh q 4hi t h4 eve �] t late:1 Location:[ Narne: omputer File Information Sheet Revisions WELD ©CUMIN MUTCD Project No./Code ConVoctoc - Croatia)Oct.,Oe - Yul(e1F J11 O - - - Rat 901E0S Reagan:No BOMYe - Project Erten - List ul6Bcetion Dote: Fib12.94P1 Vila a1 O - • ' 1111 H. STREET maFull Polk-.Ytiu we ovneso egeon•t9n 0 _ _ - P.O.BOX CO. ��wow Revise/. - Oni9n UeJiOV. - . Ore'ip FRt Home:,tea C P110NE:(970)Y.9-4000 EXT. 3750 PROJECT SbFrIFP. - PCCFDIEO KW Nr: 20oo stemma to waist Entlin r—) - - _ OX, (970)]M-6K) Void: Eg os _ OM xumgr - • 7o'nship No. ...1... .. .of Range No. ...-G...i, - lest of the 6th Principal Xeridian. ifa 14 1- 1 i/a `. r v d 4 2— 1 I 13 i? ' .. - - 7 I. S a 11 12 I . 1D s a3.� :r-••- -:. - = /.=.POs 4 18 1b'! b - 1'+4 I 13 ' ° 7 I # I ie ae r 21 22 - 33 ! 24 e 1 I \ ' I 1 ; I 27 20 I 25 { Z I "i Io-I,�-19 II-11- ' . I I d_d-i9aF I-g- Sop 4..3.43 4. 3,03 1 ' f.s./ 9132 I • 14 3!6 38 . 4-343, v..4.03 1 ti 1 � .t fxo6......- E.<:__f.'.sa l.—... ----- `q R. Z1 73 f•' �+i.e..aku..Hata. Y deb d aeW,W veld an east. • 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 i of the sixth principal meridian; townships 1, 2,3, 4,5, 6, 7, 8, 9, 10, and 11 north in ranges 6I, 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,A.D., 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. • M'ICTBCTBFORMSRE1889 Road File# 3 RE: /f a5. Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET l Weld County Public Works Department Date: /2li�j �V 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Nj�jame dwwr V . 3r►'la.C /Phone(301) 7, 2— Address Mk SOS City MitN,sh itsa State C Zip _It 2. Address or location of access& e_26.3 end'Get? 20/Ir9 Ak% mile • Section 21 Township / 11/ Range !'- Block Trot Weld C Subdivision �UPSf Weld County Road # � Side of Road Distance from nearest intersection 22O -C/eife rr 3. Is there an existing access to the property? Yes__ No a #of accesses 0 4. Proposed Use: !di Permanent 0 Residential/Agricultural ❑ Industrial O Temporary O Subdivision O Commercial ❑ Other h 5. Site Sketch 7-------,S rt.)---5 rLir Legend for Access Description: kG m tI to - f°�'",v'foi` AG = Agricultural �'d ' RES = Residential • 0 ‘.:ci' •: O&G= Oil&Gas S mStiSed31 D.R. = Ditch Road O J g M 9 C+ SF�or�a l.°tn* (16-Ale accesses vat II 6i -7--- 4Vd apor-, u.ld coa,r/ I t. ��yc�-�► — NQu -x (AYV L/C1 4O6 1 Ni 501/g/.0...) C«ess ,o COMA .7 rL I r-- , . **ss*************s**********►*****$$St*******4.***SS*S*tSS**S****SSSSS****************5*5*5****k************* OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized O Information Insufficient Reviewed By: Title: .(1;:tLes MEMORANDUM TO: Michelle Martin, Planner I DATE: February 7, 2005 WilDe FROM: Donald Carroll, Engineering Administrator 046 COLORADO SUBJECT: RE-4031, James Brnak The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 63 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 2 is designated on the Weld County Road Classification Plan (FHU) as a section line. This 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 Weld County Public Works Department recommends approval of this application with limited shared access to WCR 63. Lots A and B shall share a joint access point between lot lines. Lot C shall share a joint access with Lot A of RE-4032. Lot D shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-way or the applicant may share one of the above access points with a 30-foot easement across the lot. (WCR 2, section line access) pc: RE-4031 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4031.DOC JEFF • 9--79 / wcrz_ ID kEar.J c, Case # r 40 3 1 Name $ Na <- WCR Location a / (a-3 NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL Trn.c Go a 05 Documentation of Proof of Right-of-Way (CIS-Dept.) or document of an easement shall be provided to the Department of Public Works. 10- 13-aS 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. .643-0-3-An 8 1/2 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. VA- The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. - ,c(-o% The applicant shall complete a Weld County Road Access Information sheet. /O-II-°< $150.00 fee for the fabrication and installation of blue and white cross- road sign. • ID 13-D5 The above information shall be submitted to Weld County Department of Public Works. 't), Send to Clerk to the Board for hearing date : \t(113"C5 ED4:! Cr g ooA (4c r- M:\W PFILES\DON-C\SUbcklist.doC WELD COUNTY PUBLIC WORKS DEPT. P.O.BOX 758 GREELFY,CO 80632 970-356-4000,EXT.3750 Hello