HomeMy WebLinkAbout20052763 RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY ROAD 63 RIGHT-OF-WAY AND AUTHORIZE
CHAIR TO SIGN -ZANE HOLLINGSWORTH
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 63 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 Zane Hollingsworth, 56132 Weld County Road 24,
Sedgwick, Colorado 80749, commencing upon full execution, 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 63 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 Zane Hollingsworth 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 14th day of September, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
1161 VW Øez
Chair
;-, . I y Clerk to the Board Depu Crkothe Board qn
D E. g
P-PR .T AS TO
Robert D. Masde
my Attorney «,
9I23�D5 GlennVaad a,
Date of signature: I
2005-2763
EG0052
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MEMORANDUM
1
CTO: Clerk to the Board DATE: September 9, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Publ.c Works/County Engineer
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 Zane Hollingsworth (RE-4148)
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Engineering Administrator
Peter Schei, Engineering Development
M1FrancieAAgendaDonald noncx.doc
M: \Francie\AgendaDonald nonex. doc
2005-2763
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NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into this/UM``day of
(oaf , 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 ZANE HOLLINGS WORTH(RE-4148),as Second Party whose
address is 56132 WCR 24, Sedgwick, Colorado 80749.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located AT THE West
%2 of the Northwest ''/ of Section 32,Township 7 North,Range 63 West(Lot A,RE-1970)of the 6th
P.M. in Weld County, Colorado and
WHEREAS,First Party is the owner of the right-of-way known as WCR 63 for a distance of
one mile North of WCR 74 and located as follows: 60-foot right-of-way between Sections 31 and
32, Township 7 North, Range 63 West of 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 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.
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3326438 09/27/2005 02:24P Weld County, CO
1 of 5 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 0-M05-& 26
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.
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3326438 09/27/2005 02:24P Weld County, CO
2 of 5 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.
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.
3
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3326438 09/27/2005 02:24P Weld County, CO
3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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:
Clerk to the Board
By: are L. BY: K
Deputy Clerk to the Board William H. Jerke, Chair
SEP 1 4 ZOOS
SECOND PARTY:
ZANE HOLLINGSWORTH
By:Zl •l���p
SUBSCRIBED AND SWORN to before me this / day of 5,p , , 20
By Zane, AL--
WITNESS my hand and official seal
Jnja„ a. Notary Public
My commission expires: '3-13-O to
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3326438 09/27/2005 02:24P Weld County, CO
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,F r` .J 3326438 09/27/2005 02:24P Weld County, CO
5 of 5 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
ZANE HOLLINGSWORTH 1899
6132 CO RD 24
SEDGWICK,CO 80749
PH:(970)560-11955 2 a2-244/1070
Defile
INVOICE ved ,di
P,py to the ckft,Qrdec of i � y .`.Number:
/ / Lay.
Date: 7/26/2005 eat / / r e -
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>absn 5 i+ro.avaaese
For r
To: I: 10.700 24481:63 L0009647ii
Zane Hollingsworth
6132 CR 24
Sedgwick,Colorado 80749
QTY DESCRIPTION UNIT PRICE TOTAL
1 Fabrication and Installation of $150.00
Cross Road Sign(blue& $150.00
white)
SUBTOTAL
TOTAL DUE $150.00
el.-I- Yc'
Road File# 63 S.L. Other Case# RE#4148
Road_63/74 Sections 32 Township 7 Range 63
O Installation Authorized
Reviewed by: Title:
Date:
M:\WPFILESUGREE 4 1nvoicerdsigns.dac
Zane Hollingsworth
6132CR24
Sedgwick, Colorado 80749
July 26, 2005
Steve Armknecht
P. O. Box 757
Galeton, Colorado 80622-0757
Dear Mr. Armknecht:
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 071332200004 located in Section
32, Township 7 North, Range 63 West 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,
Zane Hollingsworth
ACKNOWLEDGEMENT:
3)F Armit nt.c t-
Print name Date
Signature
pc: WCR 63 section line
RE-4148
M:\WPFILES\D0N-C\Hollingsworth-let.doc
M:\WPFILES\D0N-C\Hollingsworth-let.doc
Zane Hollingsworth
6132CR24
Sedgwick, Colorado 80749
July 26, 2005
Zahourek Conservatory LLC
4225 Fawn Trail
Loveland, Colorado 80537
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 number 071332200004 located in Section
32, Township 7 North, Range 63 West 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,
Zane Hollingsworth
ACKNOWLEDGEMENT:
c v v Z�t � , Our JJ)
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Print name - Date /
<Cz�e1 � ����lrQ�
Sign
pc: WCR 63 section line
RE-4148
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Case # 4146
WCR Location 43 /14,
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
1-1-0≤ Documentation of Proof of Right-of-Way (Title Co. pk )-or document of
an easement shall be provided to the Department of Public Works.
g--a_;;< 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.
-�$--0�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.
9-a The applicant shall supply written documentation indicating the adjacent
landowners are aware that the section line will be used to access to your
property.
6'2S'-'rThe 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.
A.,nr�xct Send to Clerk to the Board for hearing date: , Wednesday,
9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the
Court House.
WELD COUNTY PUBLIC WORKS DEPARTMENT
1 1 1 1 H STREET PO BOX 758
GREELEY CO 80632
M:\WPFILES\DON-C\SubcklistA.doc
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