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Home My WebLink About20051504.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WCR 23 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -JUSTIN ESH 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 23 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 Justin Esh, 1415 Bon Homme Richard Road,Fort Collins, Colorado 80526, 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 23 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 Justin Esh 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 16th day of May, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO , Yg^ f �' ( William H. J e, Chair 1S6, ___,t .-II my Clerk to the Board . J. , Pr e -,1 / eputy Clerk to the Board D ' E. Long Robe D. Mas n unty orney Glenn Vaad Date of signature: �.5` 2005-1504 EG0052 a : At-, 6'w AP�� o2-(9-cr a (it MEMORANDUM WI I pC TO: Clerk to the Board DATE: May 9, 2005 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Enginee SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way (WCR 23) with Justin Esh. The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator WCR 23 RE-4082 M1FrancieAAgendaDonald.doc M: \Francie\AgendaDonald.doc 2005-1504 716 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 deecr_i ,2005,by and between WELD COUNTY, COLORADO,by and through the Board of ounty Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631, as First Party,and Justin Esh,as Second Party whose address is 1415 Bon Homme Richard Road, Ft. Collins, CO 80526. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the South ''/ of the SE V4 Section 2,Township 8 North,Range 67 West of the 6th P.M. in Weld County, Colorado (RE: 4082)Parcel#055502400012 and WHEREAS, First Party is owner of the right-of-way known as WCR 23 for a distance of'/4 mile north of WCR 96 and located as follows: 60 feet of right-of-way between Sections 1 and 2, Township 8,Range 67 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. 111111 11111 11111 11111111111111111 11111 III V111111I 1111 3290716 06/01/2005 11:47A Weld County, CO - 1 - 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. 1 1111111111111111111111 1111111111111111 I I 11111111111111 2 - 3290716 06/01/2005 11:47A 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 SI 50 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. 1 111111 11111 11111 111111 11111111111 11111 111 11111 Illl llll 3290716 06/01/2005 11:47A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 3 - 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 ATTEST: MAU% Clerk to the Board � .� ]E La��` _' way ♦ \'' 1861 (' `lO —'.� Y Deputy Clerk ♦3 illiam H. Jerke, Chair MAY 16 2005 SECOND PARTY: JUSTIN ESH By: ice By: -! � n SUBSCRIBED AND SWORN to before me this /3 day ofU , 2005, By U tA4,t;"' Sat-- WITNESS my hand and official seal I 1l,, t,ett u 2,6e Notary Public My commission expires: 81071.605 tT H L1,F� �PO F9 sOTARY M:\WPPILGSWGRLBMN'I\Nomexclusive\Gsh-agr.doc PUBLIC1 111111 1111111111 111111 11111 1 11111 11111 III 11111 IIII IIII o 3290716 06/01/2005 11:47A Weld County, Co 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 4 - a005 -/s-6 Sl township :Yo. S _of Range ?y ..... l',..7.. .lf''est of the 6th Principal .?l dian. • I� _tP i_ 3 z i,o'ie/�J s» ,� 6e i� %01 d •A-0 3 1 1' t.7 wowtw. ., _ "IV ` . r -3-3-13 f 10-31-14f 05 �5 •q �� I .)z, w F----s-1-0 ti' 'L' 6 •\' '\- lei o1 3 . i$ •, O� v .•7) • S-S f3 8-.4-11 ,' Fry, C• ' 01' ti �/0 '3 t tJ' V'.77 •I`� J4 e Z-�-0— r__ .. . 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[ands ant atnem..merYed a ot. fit . hIM IIIII IIIII IIIIII IIIII IIIIII IIIII III IIIII III! !III 3290716 06/01/2005 11:47A Weld County, CO 5 of 5 R D.00 D 0.00 Steve Moreno Clerk & Recorder 4_ S- o5 COPY Case # QE 40S Z- Name (=s t-(-- \NCR Location 23 q co NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL 3-31-05 Documentation of Proof of Right-of-Way (GIS Dept.) or document of an easement shall be provided to the Department of Public Works. 5 ° ° 5 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. 3-31-05 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. c- os The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. 7- 31-O5 The applicant shall complete a Weld County Road Access Information sheet. $150.00 fee for the fabrication and installation of blue and white cross- road sign. • -�` The above information shall be submitted to Weld County Department of Public Works. P. W • Send to Clerk to the Board for hearing date : v.11ao 2evS M:\W PFILES\DON-C\Subcklist.doc WELD COUNTY PUBLIC WORKS DEPT. P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only;No Insurance Coverage Provided) rn F r•elivery lM• MI n visit ur we•site at www.usps.c Ins rD Postage $ 0.37 UNI - ruo O • p Certified Fee P.N Ne CI Return Rodent Fee ^ -1 postmark \` (Endorsement Required) Q, Here Restricted Delivery Fee (Endorsement Required) t erk: :R rR Total Postage B Fees $ 2.67 I•� `c April 4, 2005 o Sent To Ugp5 r` Street,Apt No.;or PO Box No. 7/ City,Stale,ZIP+4 / / vii �•! _ /717 Frank Hobart SF rm 38'',June 2'02 See eversef rins[rueti ns P. O. Box 717 Tyler MN 56178 Dear Mr. Hobart: 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 055502400012 located in Section 2, TBN, R67W of the 6t" 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, /it er Justin Esh ACKNOWLEDGEMENT: Print name Date Signature pc: RE-4082 M.\WPFfLES\DONC REnddy doc Hello