The URL can be used to link to this page

Browse Search

Home My WebLink About20050389 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - CHRIS AND DAWN SEMMEN 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 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 Chris and Dawn Semmen, 13434 Cherry Way, Thornton, Colorado 80241, 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 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 Chris and Dawn Semmen 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 2nd day of February, A.D., 2005. IS\ I / % BOARD OF COUNTY COMMISSIONERS � % / JJ WELD COUNTY, COLORADO ) � William H. ke, Chair '(o ' `, Clerk to the Board r- // ilfrJHBY: l/L�Ifeind.(/ 4 Deputy Cle to the Board D d Long Robert Masden o 2am 'n � 4 .0 Glenn Va v/— Date of signature: 3 45- 2005-0389 EG0052 CO Poi ,f L fPPL MEMORANDUM j EE CTO: Clerk to the Board DATE: January 31, 2005 • COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Chris and Dawn Semmen The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator M:\Franc ie\AgendaDonald.doc M: \Francie\AgendaDonald.doc 2005-0389 062 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into this ZC day of , 20y and between WELD COUNTY, COLORADO,by and through the Board of County Commisiioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley, Colorado 80631, as First Party, and Chris Semmen and Dawn Semmen, as Second Party whose address is 13434 Cherry Way, Thornton, CO 80241. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at a part ofthe north 1/2(Parcel 130517100035 and 130517100036,RE-3970, Section 17,Township 2 N,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 53 for a distance of one mile north of WCR 20 and located as follows: 60 feet of right-of-way between Sections 16 and 17, Township 2 North, Range 64 West in 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 ofthe 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 ofthe 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. 11111111th IIIII 111111 IIII I III 11.111 II III llt��IIII 3264062 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 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. 2 111111111111111111110111111III 11111111III 111111111 VIII 3264062 02/28/2005 02:28P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 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. 1O. 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. 3 111111 III III 3264062 02/28/2006 02:28P 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: II a 4/2% BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1861 erk to the Board By: af-z eputy ler William H. Jerke, , Chair FEB 0 2 2005 SECOND PARTY: CHRIS SEMMEN DA ME) By � d By: SUBSCRIBED AND SWORN to before me this o 1/bday o 20C5; By (?/-5SEaP,nf/12 I1I-h Dr)kw /I)/MI:: WITNESS official seal ssr- F ST RA GS soTARy Notary Public sF�Tiexpi 9165 �, BOOS M:\W PFILES\AGREEMN7\Non-exclusive\Semmen.doc 4 11111111111111111111111 IIIII III IIIIIIII III 11113111111 IIII 3264062 02/28/2005 02:28P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ▪ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. ■ Print your name and address on the reverse O Addressee so that we can return the card to you. stewed, (P �N C. Date of Delivery • Attach this card to the back of the maliplece, or on the front if space permits. V I/ - D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address belo1 O No .oatv4t Ert•tou,A7)/ Zs"88--) Wc,t Zo 3. Service type 11 teN[S Co• SbGY3 ❑Certified Mall O Express Mall ❑Registered ❑Return Recelpttar Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. ( Number (Transfer from service label) 7003 2260 0003 0006 7925 rians PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540{ THIS SECTION ON DELIVERY COMPLETE r►MPLETE THIS SECTION SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY I natu items 1,2,and 3.Also complete g � O Agent ■ Complete items 1, 2,and 3.Also complete r �e astricted Delivery Is desired. D Addressee item 4 if Restricted Delivery Is desired, / c ❑ ant name and address on the reverse • Print your name and address on the reverse �r �` � can return the card to you. B. -ec-lved by(Printed Name) C. Date of Delivery so that we can return the card to you. Cam-- 4ry U.1? dresses card to the back of the mailpiece, /.-41--0 S , ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) t( Date ___of Delivery ront if space permits. - or on the front ifs ace permits. f O -as- D.D. Is delivery address different from Item 1? O Yes P essed to: If YES,enter delivery address below: O No 1. Article Addressed to: D. Is delivery address different from Item 1? O Yes n If YES,enter delivery address below: O No IA`krj o\o-tt- Sa,� 670ri4 /Ref w+P,-,z :-) wt- ✓t- 5/ a cs,) wG zv 3. Service Type ` /eS f LL CO. C6 V-?`Cj(,p O Certified Mall O Express Mail ) I 3. Service Type A e p b r O ❑Registered ❑ Return Receipt for Merchandise t{P�PrVes J'J►vf`�l / CO .�O LL{3 O Certified Mall O Express Mall O Insured Mall O C.O.D. J O Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 4. Restricted Delivery?(Extra Fee) O Yes fiber 2. Article Number )m service label) 7003 2260 QQ°3 °°°6 7956 (Transfer from service, 7000 2260 0003 0006 7963 102595-02•M-1540 PS Form 3811,August 2001 Domestic Return Receipt 102545-02-M-154D 11,August 2001 om is Return Receipt I COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION C•M•LETE THIS SEC71•N •N •ELIVE•Y e ttems 1,2,and 3.Also complete A. Signature ■ Complete items 1, 2,and 3.Also complete A. S t`u-ree e,..---, Restricted Delivery Is desired. ., /�7-I--� e Item 4 if Restricted Delivery is desired. X 1 + l,�/,(�� O Agent ir name end address on the reverse Y ,� 1 ��" • Print your name and address on the reverse ` O Address ve can return the card to you. B. Received ( nted Name) C. Date of De so that we can return the card to you. B. Received by(Printed Name) C. Dateg DO 1is card to the back of the mailpiece, • Attach this card to the back of the mailpiece, 1 LW" j front if space permits. or on the front if space permits. Cur��v , , t 1 D. is delivery address different from Item 1? ❑Yes D. Is delivery address dl event from 1? ❑Yes dressed to: 1, Article Addressed to: If YES,enter delivery address below: D No If YES,enter delivery address below: O No L 7.er- 7144717,re 1-1 1 C7)it'i s 1 Ile/ 4-/s-Z Z ?. 1`'ota/1.4�t� L«,. � . 3. Service Type k (22-o /I 7�1 4 ve. #-3o a 3 Service Type yk76',0 CO. CPQ`0/ ❑Certified Mall D Express Mall )(Certified Mall O Express Mall / O Registered O Return Receipt for Merchandise Gr-e el e y . J'O O Registered O Return Receipt for Merchandise O Insured Mall O C.O.D. ❑ Insured Mall O C.O.D. 4. Restricted Delivery?{Extra Fee) O Yes 4. Restricted Delivery?(Extra Fee) O Yes imber 7003 2260 0003 0006 7949 2. Article Number 7003 2260 0003 0006 7932 (lYans/er from service labs!) from service label) 811,August 2001 Domestic Return Receipt 102595 02•M-1540 PS Form 3811,August 2001 Domestic Return Receipt 102$95-02-M-164 INVOICE Number: WELD COUNTY PUBLIC WORKS DEPT. Date: 9-21-2004 P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 To: CHRIS AND DAWN SEMMEN 13434 CHERRY WAY THORNTON, CO 80241 � „ � ` aa`t� � k� M,PI' � v stt� � -..-4,:,41::`,.' ,riS.Js "P13a° -2C5` �'' °u 'µ' x' ,?r a ".,se 98 ,; M1iv As"' 1 '1 •80247x„ , x IA' . PAYTO 0 bcwr I $ st / VO TOTAL s� der .. e f ..w..r- e I ,y � $150.00 t noLt s "` t7 tab', 34" ' � 4 I e h 5 m n35th Ave. aadSW � ,witryf CO 80834 r r x5100 t‘181 emo o`.-ics �`3 .!::, 3 .t 'L0>7QQ65'4t1 0000 257356" L009 b 4 SUBTOTAL TOTAL DUE $150.00 Road File# 53 Other Case# RE# 3970 Road 53/20 Sections 17 _ Township 2 Range 64 D Installation Authorized Reviewed by: Title: Date: _ (z2) Locations: Parcel# 130517100035 and 130517100036 D �� RE-3970 tilr I ti J SECT? se: I{o w,.2. z o M:\ PFILES\MONA\invaicerdsigns.doc 3 W M V+ J Case # Re 311O Name sEM M G d WCR Location 53 /3.0 NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL -L 'Dti Documentation of Proof of Right-of-Way (GIS Dept.) or document of an easement shall be provided to the Department of Public Works. i -2<-°C. 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. 11-22-4 An 81/2 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. V `c S of The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. //-ZZ-aV The applicant shall complete a Weld County Road Access Information sheet. i ' $150.00 fee for the fabrication and installation of blue and white cross U road sign. i 6\ The above information shall be submitted to Weld County Department of Public Works. P,V3, Send to Clerk to the Board for hearing date : M:\WPFILES\DON-C\Subcklist.doc 1 WET D COUNTY PUBLIC WORKS DEPT. 0% to" P.O.BOX 758 hi GREELEY,CO 80632 970-356-4000,EXT.3750 MEMORANDUM TO: Sheri Lockman, Planner II DATE: December 1, 2004 O FROM: Donald Carroll, Engineering Administrator • COLORADO SUBJECT: RE-3970, Chris A. & Dawn R. Semmen The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 53 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. WCR 20 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. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. 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. Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No circle drives will be allowed. In accordance with Chapter 8, Article II of the Weld County Code, this policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties that access Weld County roads are also subject to this policy. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right- of-Way. (WCR 53) 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. pc: RE-3970 M:\PLANNING—DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3970.DOC Hello