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Home My WebLink About20050433.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - MARK AND MICHELLE MADSEN 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 Mark and Michelle Madsen, 3510 Weld County Road 55, Keenesburg, Colorado 80643, 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 Mark and Michelle Madsen 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 7th day of February, A.D., 2005. BOARD OF COUNTY COMMISSIONERS /�� / WELD COUNTY, COLORADO 4 std ��'(/uG, ,!/ _ eth �`�( William H. erke, Chair C Clerk to the Board 1861 tD:G S�i �9 • . eile, ro-Tem Yi Clerk to he Board — David . Long \\�� O " DASTO ?J-: Robert D. Masden County At or Glenn Vaad - Date of signature: -��9'6--- 2005-0433 EG0052 ('(2 ' P�, :24 L O3 -61 -Ds- FEB 0 2 ?nos (itMEMORANDUM CTO: Clerk to the Board DATE: February 2, 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 Mark G. and Michelle C. Madsen The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator M:\F ranc i e\AgendaDonald.doc M: \Francie\AgendaDona1d.doc 2005-0433 Case # 3974 Name M m o sE'•l WCR Location 8/ 63- NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL la,-(F-CDocumentation of Proof of Right-of-Way (GIS Dept.) or document of an easement shall be provided to the Department of Public Works. (2 -r "°/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. 11-2y-dc,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. I -� ' The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. 0-34- blThe applicant shall complete a Weld County Road Access Information sheet. 2- 2 O'C $150.00 fee for the fabrication and installation of blue and white cross- road sign. • -1-;-(2f The above information shall be submitted to Weld County Department 1 of Public Works. P, U I Send to Clerk to the Board for hearing date : M:\W PFILES\DON-C\Subckiist.doc WELD COUNTY PUBLIC WORKS DEPT. P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 593 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into this/c day of ¢rc r -, 2004, 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 MARK G. MADSEN AND MICHELLE C. MADSEN, as Second Party whose address is 3510 WCR 55, Keenesburg, Colorado 80643. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the south 1/2 of the southeast 1/2(RE-3974), Section 15,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 8 for a distance of one mile east of WCR 55 and located as follows: 60 feet of right-of-way between Sections 15 and 22, Township 1 North, Range 64 West in the 6`h 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. 111111111111 1111111111111111111111111111111111111 IIII 3265593 03/04/2005 11:09A Weld County, CO 1 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder j DDS—t)9c93 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. 11111111111111111 1111111 III 1111111 11111 III 11111 llll I'll 3265593 03/04/2005 11:09A Weld County, CO 2 of 6 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. kY! ' 'r EII111It00 aeve rk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: 4a BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1861 tat:lir, C�E5- lerk to the Board O'Utt . . ., l.'� By: //(I.-i( deputy i ler William H. Jerke Chair FEB 0 7 2005 SECOND PARTY: MARK G. MADSEN MICHELLE C. MADSEN BY:`211 4-11 BY: \l..('i1,9 R C - --01,ccd8QA4 SURF IB ANDS O s c day ofccet&i, 20U WITNESS my hand and official seal THERESA L. LAURIENTI NOTARY PUBLIC Notary Public STATE OF COLORADO My comrl'Ltom>ml �. Ny r expires June 20,2006 M:\W PFILES\AGREEMNT\Non-exclusive\Madsen.doc 111111111111111111111111 III 111111 11111 III 11111 1111 1111 3265593 03/04/2005 11:09A Weld County, CO 4 of 6 R 0.00 D 0.00 Steve Moreno Clerk:Recorder ;,pDs--CSas cn w N �Ca_ Road R. O. W. Research at Title Company o�— CC OA N- 0 o J/ ©cn i o —r 'r J J— C - D � a— —__ r_ —k 7- o C CD CD — mn ' C,— 0 0 C= v t E 'o 4 �c p - I 1.Q:' I �'�i / UJ • a F-5— T T TT coDi, it-:1 -I/ ,0M' ... ) 4.) Tom_Al , I 8 1 I I � I I I � � I I I I i I � SS 5"1 .59 Date / 6, . ') r School Section are 16 k 36 Initials : 4 - -' x y ' 4 14a;?y �t a 1. y 8 pp y: 3 { te-_. r �_ + .F ss fit::_ .42 .<. .t,- - 4 :. --P4 ees't J ...4— ,- K ':sue yr-444 s n -A-2, `' k'''''," 4..y.1 ' y'b '� �y� g�5 YI .�ij i t I r� ` r A fia'IL °`�ii tl �fj «4s < �'�. + t _...1;_;* --.:;!..` ` ffY, 4.4 yy F1 AF ..� d � - 'R 2� d * ,t r a� r � S r �'7FIRI :.Y 9 ' . a s5 gfe ' k rz 3 S £ 4 � It I-, 'ice .,:� r:°' # dF a, 4 ' 1 xr r>. ��Q.......... 3 �k , l......... . .. t� 5 ₹ . V 1,,iL, _. ,. .I:4,, s If ••- 4..� • � } 111111111111Iliii 11111111111111111111III11111liii liiI 3265593 03/04/2005 11:09A Weld County, Co _ 6 of 6 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Township No. , . _ of Rove Xo. .;1 Yes:of the 6th Principal.3leridian. • i I 1 i i E -1 a T - i --� I \ 1 /• / , •_ i . 11 T . )II t -,-4-- iI `4s/ f , say •js-...goy .�" —� ""'"'"="..----"177--77; ._.. .. ey--.-.�. (0 f s ,yo, iJ 11 wti,,Y P 1 Sec. y_T"_ 1s (' V- • ` I j , 7::16: .7 ) , / 7-'f -� 30•zs i r . 3.s9-r8 -I-il-i7 s i G' i4 I �� 1 ----23_ 214 f 7 . i1 mi——,. .......:____ L.'" _,_ I i ., ' o i a Q'ti � I 6:03,1416:03,141� B s � 27I ,�25 M . to,,,� �' rN s j _ S 3(, d4 • .J I d-f-/yol I I jl I` .I 1. 1 i I i ..._/ ii l -13-- 34 L 1 • l _ r .-1,4,4....7:-.-,:r k-.Pal.nvl tr.�4a ...h :ii.....-..et .f� aos / r.--t ption INIuK. SS L-Tinulrr Culture Entry. 4r Lunde not d t L e errire uvY m ell tun rxl. . ir: Order Declaring all Section and Township lines on the Public Domain of the United States in Weld County, to be Public highways, etc., passed by the Board of County Commissioners October 12, 1889. • • WHEREAS, Section 2477 of the Revised Statutes of the United States provides: "The right of way for the construction of highways over public lands not reserved for public uses is hereby granted," and • • WI7'EREAS, by virtue of an act of the General Assembly of the State of Colorado, entitled: "An Act to Amend Section 4 of Chapter 95 of the General Statutes of the State of Colorado entitled, 'Roads and Highways," approved April 7, 1885, it is provided, "The Commissioners of the County may at any rent lar meeting by an order of the Board decare any section or township lire on the public domain a public highway, and on and after the date of"such order, it shall be attested by the Clerk, under the seal of the County, and recorded in the office of the Recorder of Deeds. The road so laid out shall be a public highway,"and WHEREAS,the public interests require that there be public highways on all section and township lines on the United States public domain, within the limits of the County of Weld. IT IS HEREBY ORDERED,by the Board of County Commissioners of the County of Weld,that ail seeson and township lines on the public domain of the United States,within the County of Weld and State of Colorado, to wit: In townships 7, 8, 9, 10, and I.1 norh in ranges 56, 57, 58, 59, and 60 west of the sixth principal meridian; townships 1, 2, 3, 4, 5, 6, 7, 8, 9, l0, and i 1 north in ranges 61, 62, 63, • 64, 65, 66, and 67 west of the sixth principal meridian; and townships 1, 2, 3, and 4 north in range 63 west of the sixth principal meridian; and in sectiohs 19 to 36, inclusive, in township 12 north in ranges 56 to 67, inclusive,west of the sixth principal -teridian, be, and the same hereby are, declared to be the center of public highways or County roads, which said roads shall be and hereby are declared to be roads 60 feet wide, being 30 feet on each side of said section and township lines, and BE IT FURTHER ORDERED, that a duly certified transcript of the order and action of this Board concerning said public highways, duly attested by the Clerk to the Board under the seal of the • County of Weld,shall be forthwith prepared and recorded in the office of the County Clerk and Recorder of Deeds of Weld County, Colorado, and BE IT FURTHER ORDERED,that the County Clerk and Recorder of Weld County,Colorado, be, and he is hereby instructed when said certified.order is so recorded, to prepare three certified transcripts of such recorded order, one of which transcripts shall be mailed by-him, by registered letter, to'the Honorable United States Surveyor General for the State of Colorado; another to the Honorable Register and Receiver of the Land Office at Denver, Colorado, and another to the Honorable Commissioner of the General Land Office at Washington,D.C.,and that said County Clerk and Recorder • shall make report of his acts and doings hereunder at the next meeting of this Board. On the first day of the next session of said Board of County Commissioners, to wit, on the 6th day of November, A.D., 1889, the County Clerk of Weld County reported of his acts and doings under the above order to the effect that he had duly executed the order of the Board above specified in detail. M:1C'B\CrBFCRMSSREt 889 • INVOICE Number: WELD COUNTY PUBLIC WORKS DEPT. Date: 9-21-2004 P.O.BOX 758 GREELEY, CO 80632 970-356-4000,EXT.3750 To: MARK G. AND MICHELLE MADSEN 3510 WCR 55 KEENESBURG, CO 80643 ARROWHEAD CONSTRUCTION & CONTRACTING, LLC 82-366/1070 2837 MARK MADSEN °°2°0177 P.O. BOX 122 PH. 303-732-9668 ��nn KEENESBURG, CO 80643 nn DATE/� /�X PAYTO THE 6O S £ /? Qv / // ) // y 1:# I '� TOTAL ORDER OF f// 1 Q ��/rt/�{ v'//rf G/'/llb �/S �,[7/,J_T • $ f el ,4 ' '��/f `k X47 DOLLARS 8 rt.. $150.00 1FIRST ANKNAL e;mma"n,.eoem BANK hq 70)3 ao+a^eaoi _ s�,` —_ ® (510170)303-571-1033 MEMO M I: 10 700 3 6 6 7i: 402 O6L77O 2837 SUBTOTAL TOTAL DUE $150.00 Road File# 8 S.L. Other Case# RE# 3974 Road 8/55 Sections 15 Township 1 Range 64 ❑ Installation Authorized Reviewed by: Title: Date: Locations: Parcel# 147515400029 RE-3974 sec SEc 15 '. B) J-Ael_ M:\WPFILES\MONA\invoicerdsigns.doc 'II -, I o05 SEC a I 3I Sc c 2 Z a 0 S) e• I at x U 3p, Rlfr Wye S4. \ ht [air lert S. o Op FI Oh ehlh phi b4 4 ' II, to t. 2 1 Siei 4 0 lh14, et 0 I. Z Sheehea t4 q 4hS h Sieeyq I V trot e Date: Location:I Nane: computer File Information Sheet Revisions WELD ©Op 1JJ R`J MUTCD Project No./Code Creation mr. - SaNir Jt CD - - - Unfrock,: - PUBUO Npels OCPMT4NT N.Revision': - p,pel Earls: - lPN MWOeelin Dolt FOuml VMS ..M 0 - • liii H.5lEFET FunPetitwnuomic w'Mwrmwan _ _ P.O. BOIL 758 ..' - Ono^E+q+aw. - _ . 69109.EY.CO. B0632-0758 ()rowing F0.Now:� � C - _ • PNOMC:(970)356--.000 EST.3750 '^ Raised: 51.907 - .1CQPRp: •r.0 Yr 2000 SCMNbt to SwatCppp (] - - - FMC (970)5w-6.9) Vold: [y,.,yn� _ Shoot Minter WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: 8 S L Date: to Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley,Colorado 80632 Phone: (970)356-4000, Ext.3750 Fax: (970)304-6497 �A 1. Applicant Name l`\o_t;'-VI Phone3 03 - 13.4-9(olog Address ES6b C..{- $5 City Xe s b State Le.) Zip$o c,y 3 2. Address or Location of Access 3,x(0 5 S Section LS— Township / Range (Q / Subdivision Block Lot Weld County Road#: 5 5 Side of Road £ 4., Distance from nearest intersection IV (" 1 -e.- 3. Is there an existing access to the property? Yes t/ No #of Accesses I 4. Proposed Use: 'ermanent Err—Residential/Agricultural Cl Industrial ❑ Temporary Cl Subdivision ❑ Commercial ❑ Other ...*t.******************rtrt****t1r****+4+rt#*****le**************.*****r»r***-***** rr**++rs+►rr minx 5. Site Sketch Legend for Access Description: AG = AgriculturalL_ RES Residential O&G = Oil&Gas D.R. = Ditch Road 0 House O Shed ta NI t1LS dII °! _ U.,co_ Ses.c_ C t, ,9_, ,sozz, r**.*..**r********** **+a************ -73 OFFICE USE ONLY: coo 5 ) Road ADT Date Accidents Date_ _ Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- Mark G. and Michelle Madsen 3510 WCR 55 Keenesburg, CO 80643 303-732-9668 December 1, 2004 Shellane Henderson 1968 Carlson Rd. Parker, CO 80138 Dear Ms. Henerson: 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 1 4751 54 00029 located in Section 15, T1N, R64W 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, Mark G. Madsen Michelle C. Madsen ACKNOWLEDGEMENT: �JHtLL J4_VbEe Son/ '4 Print name Date p Signature pc: RE-3971 M\WPFILESVDON-CAMadsendet.doe MEMORANDUM TO: Jacqueline Hatch, Planner DATE: December 1, 2004 O FROM: Donald Carroll, Engineering Administrator • COLORADO SUBJECT: RE-3974, Mark & Michelle Madsen The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 55 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 Ill, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR 8 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. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. 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. 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. pc: RE-3974 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3974.DOC Hello