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Home My WebLink About20053699.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WCR 6 AND AUTHORIZE CHAIR TO SIGN - DOUTHIT HUDSON, LLC 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 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 Douthit Hudson, LLC, 4886 State Highway 66, Longmont, Colorado 80504-9613, 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 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 Douthit Hudson, LLC 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 December, A.D., 2005. Eta BOARD OF COUNTY COMMISSIONERS %j WELD COUNTY, COLORADO ATTEST: illiam H. rke, Chair Weld County Clerk to th .• rj'P ..t m itt 441- J l Ll2 Bile, Po BY: ..� 1 D: .utyCI- kto the Bo. . cti.,1� ar Day' E. Long / OVED AS T M: K (,\' Robe D. Masde Coin ttorney i,Z1� Glenn Vaad Date of signature: I (P 2005-3699 ( EG0052, �� P 0 MEMORANDUM TO: Clerk to the Board DATE: December 19, 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 Douthit Hudson LLC on WCR 6. The appropriate documentation is attached. Enclosures pc: Perry Eisenach, Engineering Division Manager Donald Carroll, Engineering Administrator RE-4233 M:'Francie\AgendaDonald nonex.doc c�. M: \Francie\AgendaDonald nonex.doc 2005-3699 0 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 Douthit Hudson, LLC, as Second Party whose address is 4886 Highway 66, Longmont,CO, 80504-9613. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at Parcel# 1475-29-1- 00-003, RE-4233, Part of Section 29, Township 1 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 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 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, 1111111 11111 11111 1111111111111111111111 III 111111111 1111 3356374 01/20/2006 02:07P Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4 .00.E�ib9 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 terms or provisions, to a person or 2 1111111111111111111111111111111111IIIII III EII IIII 'III 3356374 01/20/2006 02:07P Weld County, C0 2 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 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. 02:07P Weld Count!, 1111111111 Ill IIIII l 1 till 3356374 01120/2006 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3 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: �� titer « <`' Cle to the Board � + tv By. 4 A/U4e1 Van E CRC :� . �1 1.,\ l/� Deputy Clerk to the' oard �®'� � William H. Jerke, ChairL DEC 2 a /1:1,6:) -cirri/ " -rte 'nt Name By:�41\3r Uvd tt\)\i Lica By: len tt$ SUBSCRIBED A SWORN to before me this�� ay of 1 t��RJNW l , 20 tY By ellen 1t-4\A r WITH d official sea a . Notary Public crEimi}r pines: 43OCeS 4bg.IV1`dmte .sS:S"‘ M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4206\EIizabeth.VigiLNELA.doc (Updated 4/2005) 1 111111 11111 11 111111 111111 1111111111 III VIII 1111 IF3356374 01/20/2006 02:07P Weld County, co 4 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder r„y „,F - 4 j " ::Ist:tto- ' ,P" PERIMETER - • r OF PARCEL �,_y y] `' #147520000019 ;! CalkW CR 6 s , SECTION LINE r ` . # h,]�, RE-4206 r'ww#t. a ."! ! LO g xw_ IOTAt ; } r - RE-4233 �,• c 4 ACRES � . `l yy yk _s 'W - y i t� N RE-4232 n K ' 1 ₹{ •-r-4.. .,,,- _ RE 4234 . se c #r L r N r K W c t _ ¢ °t.. ' - ' PERIMETER -C + U CC - s , it OF PARCEL m ilill s t HENRYLYN CANAL "!✓ #147529100003 p (A.K A. DENVER HUDSON CANAL) ge j' =U • sea 's 'mot tat-. " . W Z 't # 'Y s• i y ..c = 14, n > a i'. ,'{i'A '�!�` t E s y+ is c ya�' _ e` y Q 1 f0 G L� ;fxi[ .'4 Q , . red § , ?- O �O t r.. ! aF� Y J �o� , a '�" '7 ��. - ma_' _ - -m -la c , .. _MID • ' Douthit Hudson LLC C , CO SH66 O Longmont, CO 80504 970.535.4922 COLORADO September 23, 2005 Elizabeth Vigil 25255 WCR 6 Keenesburg, CO 80643 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. 147529100003 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, Douthit Hudson, LLC ACKNOWLEDGEMENT: -414C � // 1/, 14t / . Z ( (/aiet_- 1X(t k & r-21 S `D c;k 17112/1/7317,74 Print name Date Print name Date /C/( YC pc: WCR 6 file MAPLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4232,4233,4234\RE- 4233.Douthit.Hudson.LetterToLandowners.doc rift Douthit Hudson LLC 4886 SH 66 C. Longmont, CO 80504 970.535.4922 COLORADO September 23, 2005 HTF, LLC / Dirk Hoover P.O. Box 1935 Boulder, CO 80306 Dear Mr. Hoover: 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. 147529100003 located in Section 29, 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,siAnk;Douthit Hudson, LLC 1 ACKNOWLEDGEMENT: y6,, £e n - 1;Cf r (--)1,y �// Print name Date 1 Print name Date/01 / C X pc: WCR 6 file M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4232,4233,4234\RE- 4233.Douthit.Hudson.LetterToLandowners.HTF.doc I cfe-Lir. I Douthit Hudson LLC I4886 SH 66 W I O Longmont, CO 80504 970.535.4922 COLORADO September 23, 2005 Elizabeth Vigil 25255 WCR 6 Keenesburg, CO 80643 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. 147529100003 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, 'tip✓ 4, Douthit Hudson, LLC NO A �1 1 ,it , 0 t4e/z062.6,1_ 70 7; c-��ic L. I/.-/ / /dr it r hc"n -� Gt 1-l2 i Print name Date Pri name Date AA / pc: WCR 6 file - • • M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-4232,4233,4234\RE- 4233.Douthit.Hudson.LetterToLandowners.doc WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: 6 Date: �/S,_ RE#: 4233 Other Case#: y2oG 032- Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 l Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name 12 kottr &ipso, LL C Phone /70-6-3s--Vaa Address 't B2e, 5,H. `6 City Lo. AN1>µr State co Zip acSo'f 2. Address or Location of Access WCr& Section 29 Township IN Range V k/ Subdivision -- Block — Lot — Weld County Road#: Cr, Side of Road 50.--‘7-H Distance from nearest intersection 12Sco' 3. Is there an existing access(es)to the property? Yes No X #of Accesses 4. Proposed Use: ❑ Permanent *Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: T� S AG = Agricultural Sift 5 I RES = Residential O&G = Oil&Gas ' 14 D.R. = Ditch Road csT A = House = Shed Ni Hemznyn, Cq NAL (o;M'Et-Mvn.n G " *************** ********* 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: Township No. --i. ---.._...of Range No. ___. ;4 Xl'est of the 6th Principal KLeridian. Ji CFt 4 ..---i il 1_ 1111 q,‘ 03 I-\. 1'?1-C i N_ 3 r\0\ c6,1 \ 1�3 \ `x,01 • ( + .0 o Nly . 6 ' ,,'10 I Ni\b,03 • liLk H ,1� i \It D3 ` \U _ x.17' ' Li'itII 3 �7A vD i ry p,D3 .\V 6'14 �,, (o x.4' '4` a DflSSjIr _ M rye' >-f--/fnf 7 i Ill 0 b a. 11 51 , _ 4. Cn-armmt..a Loam. ''V / `-H t • �.,t...... d�.,� - t.—r.e.«nnL..n Filing S i` L-1YmM.rmfLur Ewa Lands eta°LLervvr marked aro meant. rfiu . a Kitt ! Name: Douthit Hudson, LLC "i Case #: RE-4233 I CWCR Location:WCR 6 WCR 53 COLORADO Non-exclusive License Agreement $ 100.00 t/z- cost Fabrication and Installation of Cross Road Sign (blue & white) $ 75.00 SHARED TOTAL DUE $ 1-75.00 RAnt1`er RE. NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL 7/3/0S Documentation of Proof of Right-of-Way (Title Co./GIS Dept.) or document of an easement shall be provided to the Department of Public Works. 1I3a/6sOne (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. 943/US 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. ./- The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. The applicant shall complete a Weld County Road Access Information sheet. The above information shall be submitted to Weld County Department of Public Works. Pin/ Send to Clerk to the Board for hearing date: cr//vov. , Wednesday, 9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the Court House. WELD COUNTY PUBLIC WORKS DEPARTMENT 1111 H STREET PO BOX 758 GREELEY CO 80632 m:\wpFILES\DON-C\SubcklistA.doc p, l5- o5 P,w ✓ Hello