The URL can be used to link to this page

Browse Search

Home My WebLink About20041596.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WCR 51 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - ROY AND JACQUELINE NELSON 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 Upgrade and Maintenance of Weld County Road 51 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 Roy and Jacqueline Nelson, P.O. Box 526, Kersey, Colorado 80644, 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 Upgrade and Maintenance of Weld County Road 51 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 Roy and Jacqueline Nelson, P.O. Box 526, Kersey, Colorado 80644, 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 June, A.D., 2004. BOARD RD O(FF COUNTY,CO atMMISSIONERS �WEL 14-x, C�V�RADO a/� Robert D. Masden, Chair '136I �.��•� ty Clerk to th- Board �i William H. J , Pro-Tem 'kgwi / eputy Clerk to the Board — M. J. ile A ROVV,ED AS TO • David E. Long ouhty or ey EXCUSED Glenn Vaad Date of signature: It -t,y 2004-1596 EG0050 O � ; '2L /cc,f�i�L ah oy d n rs MEMORANDUM_; TO: Clerk to the Board DATE: June 2, 2004 • COLORADO FROM: Keith Meyer, Engineering Manager V. SUBJECT: Agenda Item GG Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Roy T. Nelson and Jacqueline F. Nelson The appropriate documentation is attached. Enclosures pc: Donald Carroll, Public Works Engineering Administrator RE-3808 RE-3791 M ,FrancicAAgenda-I doc 2004-1596 Case # Re `3808 am so� \NCR Location NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL Documentation of Proof of Right-of-Way (Clerk to the Board-) or document 3� ' the Department of Public Works. of an easement shall be provided to Dew b,( -b/ 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. h by 1 i inch map, drawn, indicating 'type of right-of- An way/easement;Inc 5,3 a way//easement; whether it is dedicated, private, or deeded to provide adequate access to the parcel. 6,--/H-__Sapplicant shall supply written documentation indicating the The adjacent landowners are aware that the section line will be used to access to your propem/. S- 3 -�he applicant shall complete a Weld County Road Access Information sheet. /0- -1 e the above information shall be submitted to Weld County Department of Public Works. M:\W PHIS\DON-C\Subdclirt-wPd • 5IECE0VIE � ' D MAY 24 2004 J MEMORANDUM WELD COUNTY PUBLIC WORKS DEPT TO: Sheri Lockman, Planner II DATE: May 5, 2004 C FROM: Donald Carroll,.Engineering Administrator • COLORADO .SUBJECT: RE-388, Roy & Jacqueline Nelson The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the Use by Special Review, Weld County Code, Chapter 23, Article H, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: WCR 40 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. WCR 51 is designated on the Weld County Road Classification Plan (FHU) as a section line access. There is presently a 60-foot right-of-way. 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. 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-3808 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3808.DOC NONEXCLUSIVE LICENSE AGREEMENT FOR THE 923 UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this AM:lay of 5u,uK , 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 Roy T.Nelson and Jacqueline F.Nelson,as Second Party whose address is P.O. Box 526, Kersey, Colorado 80644. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at part of the west '/z (W2)of Section 32, Township 4 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 51 for a distance of %z mile south±and located as follows: 60'of right-of-way between Sections 31 and 32,Township 4 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. 1 111111111111111111111111111111111 111111111 111111111 IIII 3191923 06/23/2004 11:23A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder .,7ce4/-/596 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. 1111111 11III 11111 IIIII' IIII 111111 111111 III 11111 llil lilt 3191923 06/23/2004 11:23A 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. 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 111111 11111 11111 111111 III Ill iiii mm 3191923 06/23/2004 11:23A 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: ATTEST: , / 1; ®1� BOARD OF COUNTY COMMISSIONERS 'ism ( „�;; WELD COUNTY, COLORADO Weld County Clerk to the { npr S ,D3. By: / .c." By:Deputy e k Robert D. Masden, Chair JUN 1 4 2004 SECOND PARTY: ROY T. NELSON JACQUELINE F. NELSON By: By: C' l(ky • 114, SUBSCRIBED AND SWORN to before me this 19TH day of MAY , 2(04 , By ROY T NELSON AND JACQUELINE F NELSON WITNESS my hand and official seal • Notary Public My commission expires: SEPTEMBER 23, 2007 i' . M:\W P FILES\AGREEMNI\Non-excl us ive\Nelson-agr.doc 4 1 111111 11111 11111 111111 IIII DOII EDI III 111111111 IIII 3191923 06/23/2004 11:23A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder dno<'-,59E, P.O. Box 526 Kersey, CO 80634 Agent: Tammy Ellerman 970-351-8777 May 5, 2004 Joseph Timko 24868 WCR 40 LaSalle CO 80645 Dear Mr. Timko: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption (RE-3808) for our parcel number 105332000004, located in Section 32, T4N, 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, Roy T. Nelson Jacqueline F. Nelson L ttritt .1)cc cknowledgement: print name / date signature pc: RE-3808 M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\Nelson-let-2.doc P.O. Box 526 Kersey, CO 80634 Agent: Tammy Ellerman 970-351-8777 May 5, 2004 Timothy Fink 24956 WCR 40 LaSalle CO 80645 Dear Mr. Fink: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption (RE-3808) for our parcel number 105332000004, located in Section 32, T4N, 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, Roy T. Nelson Jacqueline F. Nelson I,.LUWU j j al) cl edgement: print name / date signature pc: RE-3808 M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\Nelson-let-1.doc t- c Y -, 1 2 � a ,� ..,I6 a "ma i_ ___„ Y -.4.-. „-.. .i---4, �` �' r-. *.;-` €, , 2 l" �e^ 'mow n '1' � - a ,A .k i n� r—N)fr y� a ;� `Y 'Tfr' R� a'}' F .y 1 ail ^ f Sark •' S " ;* % f .. 4 iy" Y f;„ • ` f � yL c f� y - 959 ..�yr..a 1 b RT` 1 l,z* y ^ �k 1 r k t Y y - } i .e,i aT S �y '� k� 1.4 1 Y ^ n .L`w` •h F n { f )-i va Y'F- L_ gip- 'N K t x t ._ r,%..y 5 '-sit>Y 4 t 15 s, - f �0 - it,r).: rie +L�k, a 3 < t t; "� * 'yy £17 psi"F9 i 1:1! \TAA 1/: 'I'S - • 4 F f z - F ' I Tii,r Y p . yt" {',r- 0M t - ,--4;':" t , E i ._.rye rit k a 5 rFs M1r 7 IS i� "‘• �"� _ q H 44.• ¢ � `3 ` •� t a1 S - it iJ`A 8! Sy�i �` I * :-', ' \ :: ',ft!' : ;I'r., '---r 1:-. .: f:' - , , 1::, . : :I!rt..; - ". . :, :: ?,-c ��a.++ � te ; `u --ZS / , a is ,,0,O L. /OO/ u\ • 3Es :- �, ,¢ _`£rte, M` a �.' , "� s.; �" i f f 6 ' y "` ze3'x� as" �J r§p- rr Sr s u1 k xe i% �'m y're s t 2a j _ 3 r4a wu a „✓l ;In.,. � -fr � ''' s• 4 .s "- T �4"; 34 - Ya ..<"xr.T :r-x £ i tr t „p 'S - 3 3 0.4' ^' - £` k:-�" },-3 #r -424,-74,217-42 o.,7451:44:21111,04- 3 sems s..w: *5€ �i% s. ., g ,4,,,,,..±-:; g ygg , ''i "b'"lf" I 7 44.:21 i r 01 Is $�" 1 �3 i �' 4.4 `7 L �S', " `s'€ }i ce . ' >-,7..,3 -4 ₹'I - a24 2-,4:74,17:10"-e it-,-4- ,010.444,4,42 flit N g . & u -§' $- .rte ti-, '.£ 1 ,a:.V. ?£'_ " t y .yam% a.d-1µ „fig #= 3 $ 24-'7"---•`;',".1,..:,r,17,137.,43-..- �r s ti`- rR 2: ' S7,2 ,5,� 2 sm le-1 '' _ r f z5F€ s l `3�i.,"-,i4.:,:4: y fA', a'-4-24''',44-,..: '2.27447,47;-42r72---- ,4444 .,a - t x €#€,u a :z o tot z 3 a- lx 's1 -,r,..-4,,,f i aE d rM},•`- �* � 4,-;44:::-.4:244-242:7:%420:4447-7 ,.F yam£ '.�%rr � � if �1-4 E ` � � P ,t2:::;, affi�v*' ,444.;422,44,',21:75. s b Y Er �j #y� y p -, .73".2^ _ g -` ' �ss s . € A.X < • ' I _e e q yp- - ..:"# <.✓...Fi -'''-'4''''''''''''. ,rMr .. �.xF�..l'1'."'t s:":� � Wnee.�ev—. , WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Cup:;rtment of Public Works 111 I-I Street, P.O. Box 758, Greeley, Colorado 00632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-5497Da1e: S - Road File H: 61 Si- Other Case It: RE # : �uQ� a it n Phone "" 1. Applicant Nantc K oy 7 ar s�—�t��n r F P�Se"r v State CO Zip nn till Address _'o /3'p S..�L ../ / __City—_iic.rs r� /I ALA l n� _�N—_MA,nn N.,.nr .4r d (JCR $r Sour4 o4 2. Address or Location of Access n ri n �z4 we, yd Section _J2._ Township 1/ Range _6 et Subdivision _ Block Lot Weld County Road It S1 — Side of Road F Distance from nearest intersection _ 11 of Accesses 3. Is there an existing access to the properly? Yes ?C No _-- . 4. Proposed Use: a U Permanent P9 Residential/Agricultural U Industrial U Temporary U Subdivision U Conunercial U Other 5. Site Sketch Legend for Accoss Description: I 1----- AG = Agricultural . RES = Residential y(J O&G -- Oil & Gas D.R. - Ditch Road A Q -- ii,),,,, 9tic J I.,5 o = Shed A - Proposed Access n�.//t s D A = Existing Access 1-0 A NT k fl Si V • ri IF OFFICE USE ONLY: Road 5-I S,L. ADT Date Accidents Date Date Road ADT Date Accident,: • Drainage Requirement Culvert Size Length Special Conditions U Installation Authorized U Information Insufficient Title: Reviewed By: -- -7- Hello