HomeMy WebLinkAbout20053195.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WCR 104 AND AUTHORIZE CHAIR TO SIGN - SHEN GRUBER,
THE S AND J COMPANY, INC.
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 104 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 Shen Gruber,The S and J Company, Inc., P.O. Box 327,
Wellington, Colorado 80549, 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 104 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 Shen Gruber, The S and J Company, Inc. 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 31st day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
t .
ATTEST: � 4 )
illiam H. Jerke, Chair
Weld County Clerk to the('
EXCUSED
•... �,.I MC�eile, Pro-Tem
BY: � �/d'l.tl n
De ,aty Cle to the Boar• & u.� C.
Da ' E. Long
APPR ED AS TO S � \\,\\h -
Robert Robert D. Mas/d n
County Attorney ct( l
Glenn Vaad L=
Date of signature: I I IOI; •
2005-3195
EG0052
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rito
MEMORANDUM
Nip
C.
COLORADO TO: Clerk to the Board DATE: October 24, 2005
FROM: Frank B. Hempen, Jr., P.E.
Director of Public 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 Shen A. Gruber, The S and J Company Inc.
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Engineering Administrator
M:\Francie\Agendanonald nonex.doc
M: \Francie\AgendaDonald nonex.doc 2005-3195
5� 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 Shen A. Gruber, The S and J Company Inc., as Second Party
whose address is P.O. Box 327, Wellington, CO 80549.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located Parcel
0453154000015 (RE-4165) South YZ of Southeast ''/ of Section 15, Township 9, North, Range 67
West of the 6th P.M. in Weld County,Colorado and
WHEREAS,First Party is owner of the right-of-way known as WCR104 for a distance of 1/2
mile west of WCR 21 section line and located as follows: 60 feet of right-of-way between Sections
15 and 22, Township 9 North, 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.
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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. 111111111111111111111111111111111111111 III 111111111 III!
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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.
I IIIIJI 11111 VIII Ell OHM in III IIII' IIII hill
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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
ins
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ATTEST: S4'4uh1 /�,�� a`\
Clerk to the "/
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By: ,/ .bt-& .,''1 4 i2€d rot epi
'D eputy Clerk \ ``William H. Jerke, Chair OCT 3 1 2005
SECOND PARTY:
SHEN A GRUBER, THE S AND J COMPANY, INC.
By:
SUBSCRIBED AND
ND SWORN to before me this I 'd 1�e.7 ay of o�.r' , 2005,
By �lf� A 67rct/a-L.o-
WITNESS my hand and official seal
,� ANDREA AKERS
�' Notary
Q� ()JVJ4 J y Public NOTARY PUBLIC
STATE OF COLORADO
My commission expires: QLL (r, 02)07 My Commission Expires Oct.6,2007
M:\WPFILESWGREEMNI\Non-exclusive\Sheh Gruber,S and J Company.doc
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3340530 11/16/2005 02:31P Weld County, CO
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Shen Gruber
The S and J Company, Inc.
P.O. Boo 327
Wellington, CO 80549
September 16, 2005
Franklin Hobart Jr.
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 No. 0453154000015 located in Section 15,
Township 9 North, Range 67 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,
Shen A. Gruber, The S and J Company, Inc.
ACKNOWLEDGEMENT:
Print name Date Print name Date
pc: WCR 104 files
M:\WPFILES\AGREEMNT\LetterToLandowners.doc
•
SENrE•: COf."•LETE THIS SEC71rN
GOMPLE UE 7ws SEC TIO,N cr: .euvERY
• Complete items 1,2,and 3.Also complete A. Signature Vint
Item 4 if Restricted Delivery Is desired. X `� k.'
laPrint your name and address on the reverse Date d Delivery
so that we can return the card to you. B. Received by(Minted Neme) C. e -De S
• Attach this card to the back of the mailpiece.
- n i 17
or on the front If space permits. D. Is delivery address different from Item 1? 0 Yes
1. Article Addressed to: tf YES,enter delivery address below:
ca l\ *ft 0--C— tct -
- �1�- MN 54)178.54)178. afi
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1 (.`G\ p Registered ❑Rehm Receipt for Merchandise
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2. (Transfer
1005 i i60 (joaq 6224 6 765—
(hanelxavn senate trim* , -M-,sec
PS Form 3811,February 2004 Domestic Retwn Receipt
7005 1160 0004 6224 6758
PLACE StCFEP 4T TOP OF ENVELOPE TO HE nrGRT
OG TRF 9ETURN AODRESi FOLD AT OO TF�I:N ___
CERTIFIED MAX..
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7005 1160 0004 6224 6758
Name 5 M+-,0 T co t.-t p 4-N j
Case # RE -4 1 c,S
WCR Location 4b4 / a I
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
G 15`caCDocumentation of Proof of Right-of-Way (Title Co./c4Setsjot.) or document of
an easement shall be provided to the Department of Public Works.
dv'oe-es'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.
gP5--°5-'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.
10-01-04-Dio 1444w,
PeaRr6 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 4rO5—The applicant shall complete a Weld County Road Access Information sheet.
y..lat JED $150.00 fee for the fabrication and installation of blue and white cross-road
sign. (—xlsrl u Li a t( ley ) -
`Q-o9/-0(The above information shall be submitted to Weld County Department of
Public Works. ocr/ NOV'
r
PtW. Send to Clerk to the Board for hearing dater / , Wednesday,
9:00 a.m. Location: Centennial Center, 915 10th Street; same block as the
Court House.
WELD COUNTY PUBLIC WORKS DEPARTMENT
1 111 H STREET PO BOX 758
GREELEY CO 80632
M:\WPFILES\DON-C\SubcklistA.doc
MEMORANDUM
TO: Michelle Martin, Planner II DATE: Jul July 8, 2005
FROM: Donald Carroll, Engineering Administrator e'
C SUBJECT: RE-4165, The S & J Company
COLORADO
The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are
as follows:
COMMENTS:
Section Line Access: (right-of-way)
To determine if a road right-of-way exists along your section line, determine the land patent date. Weld County
may, if approved by the BOCC, grant a Nonexclusive License Agreement for the upgrade and maintenance of
private improvement within this right-of-way. (WCR 104, Lot B)
The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld
County Right-of-Way. (WCR 104, Lot B)
WCR 21 has a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-
Way in place for Lot A.
REQUIREMENTS:
The Weld County Public Works Department recommends approval of this application.
Road Access Policy: (Policy Established Sec. 8-2-10)
Direct access from a public road will be limited to one (1) per legal parcel, except as further limited or restricted
by zoning or subdivision regulations. Additional accesses may be approved by the Department of Public
Works or the Board of County Commissioners. This policy shall apply to all new and existing accesses within
the unincorporated areas of the County. Properties within municipalities or other counties which access
County roads are subject to this policy.
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 right-of-way or easement shall be a graded and drained road to provide an all-weather access. (WCR 21
and WCR 104)
pc: RE-4165 M:\PLANNING—DEVELOPMENT REVIEWRE-Recorded Exemption\RE-4165.doc
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