HomeMy WebLinkAbout20053130.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WCR 53 AND AUTHORIZE CHAIR TO SIGN - J. FRANK AND
MARIAN HOBBS
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 53 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 J. Frank and Marian Hobbs, 8590 Weld County Road 21,
Fort Lupton, Colorado 80621, 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 53 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 J. Frank and Marian Hobbs 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 26th day of October, A.D., 2005.
TP'g re
•w`
Idt4,A BOARD OF COUNTY COMMISSIONERS
_�A -1/4;‘, "I'ELD COUNTY, COLORADO
ATTEST: Iasi / f 1/49 - rG
� Iliam H. J ke, Chair
Weld County Clerk to the B.
BY: � t1t16-4 e eJ
D ut thC
n ��
AP D AS RM: Robert D. Mas en
Coun y A orney
1112 SOS Glenn ac
Date of signature:
2005-3130
EG0052
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Kit
MEMORANDUM
1
CTO: Clerk to the Board DATE: October 13, 2005
•
COLORADO 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 j. Frank and Marian V. Hobbs
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Engineering Administrator
M:\Franci.WgendaDonald nonex.doc
M: \Francie\AgendaDonald nonex. doc
2005-3130
531 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
D�tTHIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thisJj day of
it ef- ,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 J. Frank Hobbs and Marian V. Hobbs, as Second Party whose
address is 8590 WCR 21, Ft. Lupton, Colorado 80621.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at Parcel
130533000016(RE-4220)part of the Southwest'''A and the East%Y of Section 33,Township 2,North,
Range 64 West of the 6th P.M. in Weld County, Colorado and
WHEREAS,First Party is owner of the right-of-way known as WCR 53 for a distance of%
mile South of WCR 16 and located as follows: 60 feet of right-of-way between Sections 32 and 33,
Township 2 North, Range 64 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.
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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 Si50 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.
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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 AaiClerk to the oar � ,(X ,r�'
1861ft(,..4(.2
4
y
eputy Clerk � U il William H. Jerke, Chair
10/26/2005
SECOND PARTY:
J. FRANK HOBBS MARIAN V HOBBS
7j/(S-C/7
By: r/ (iWir/lti
SUBSCRIBED AND SWORN to before me this S day of D Cfvbu-- , 2005,
B0564>
•WITNESS my hand and official seal
Notary Public
My commission expires:
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AIM 11111111111111111111111111111111 III 111111111 I I I I
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INVOICE
Receipt No. 149 (Accela) PUBLIC WORKS PERMIT APPLICATION
DEVELOPMENT IMPACT FEES
Date: 10/13/205 WELD COUNTY PUBLIC WORKS DEPARTMENT
P.O.BOX 758
Account/Fund: GREELEY,CO 80632
970-356-4000,EXT.3750
APPLICANT(S)
Applicant Owner J. FRANK AND MARIAN V. HOBBS
Street Address 8590 WCR 21
City FT. LUPTON State CO Zip 80621 Phone Number Work Number
303-857-4181
Subdivision Name Case# RE-4220
Lot(s) A AND B Block(s) Sections(s) 33 Township(s) Range(s)
2 NORTH 64 WEST
Area in Acres 80 Existing Zoning AGR/RES Existing Use of Property Number of Proposed Lots
AGR 2
FEE SCHEDULE
QTY DESCRIPTION UNIT PRICE TOTAL
Development Construction Permit $150.00/lot
Dwelling units $750.00/lot
Non-Dwelling Units
Offsite Road Agreements/Haul Route Agreement Review $500.00
Flood Hazard Development Permit $180.00
Storm Water Permit $180.00
Geologic Hazard Permit $180.00
1 Non-exclusive License Agreements $100.00 100.00
1 Fabrication and Installation of Cross Road Sign(blue&white) $150.00 150.00
SUBTOTAL
TOTAL DUE 250.00
Reviewed by: Donald Carroll Title: Engineering Administrator Date: 10/13/12005
o Cash ❑ Check #1081 o Money Order #
By Date:
M\PLANNING—DEVELOPMENT REVIEVAIN V OICE-PLANNING doc
Accela Automation: ShowPayDetai140 - T8108-D Page 1 of 1
Weld County Public Works Department
'VA el' 1111 H Street Mailing Address:
GreelePhone: CO 80632 P.O. Box 758
Phone: (970) 356-4000 x3750 Greeley, Colorado 80632
COLORADO or (970) 304-6496
FAX: (970) 304-6497
RECEIPT
Application/Permit Number: NP05-00007
Application/Permit Type: Miscellaneous/NA
Applicant Name: Frank & Marian Hobbs/Rockin Moon Ranch
Applicant Address: 8590 WCR 21
Ft. Lupton, CO 80621
Receipt Number: 149
Payment Method: Check
Reference Number: 1081
Amount Paid: $250.00
Payment Date/Time: 10/13/05 09:10:58
Cashier: Francie Collins
Comments:
T8108-D
Version 4.0
http://accela-web.co.weld.co.us/operations/permit/index.cfm?FUSEACTION=ShowPayDetai... 10/13/2005
lc le,4 c- e }cc,
Name loess F s,
Case # RS 4220
WCR Location 53/
Non-exclusive License Agreement $ 100.00
Fabrication and Installation of Cross Road Signe4 (blue & white) $ 150.00
TOTAL DUE $ 2s"d•oo ---
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
(3-I&-05 Documentation of Proof of Right-of-Way (Title Co./GIS-De pt.) or document of
an easement shall be provided to the Department of Public Works.
it) '(3;05- 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.
q- )6-05 An 8 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' 13'c-6-The applicant shall supply written documentation indicating the adjacent
landowners are aware that the section line will be used to access to your
property.
8._10-05 The applicant shall complete a Weld County Road Access Information sheet.
)o. 13-65 The above information shall be submitted to Weld County Department of
Public Works.
Ui 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
1111 H STREET PO BOX 758
GREELEY CO 80632
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