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Home My WebLink About20043184.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 66 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -WALLACE AND DALE EHEART 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 66 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 Wallace and Dale Eheart, 640 East Collins, P.O. Box 757, Eaton, Colorado 80615, 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 66 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 Wallace and Dale Eheart 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 3rd day of November, A.D., 2004. BOARD OF COUNTY COMMISSIONERS � W LD COUNTY, COLORADO T: Lieai�� 1 I V ` _____ 4 -a Robert D. Masden, Chair ty Clerk to the Board A t 1861 W (-Sy �9 -�- Vii_ ' William H. rke, Pro-Tem ew Ii'._�� i. / - �O ` r'Oep' Clerk to the Board M. J eile O D AS M: citi, ( ry Davi . Lon ounty Attorney Glenn Vaad-- Date of signature: //0"f 2004-3184 EG0050 (ir ; PL, 1w APL. ratMEMORANDUM CTO: Clerk to the Board DATE: October 28, 2004 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 (WCR 66) with Wallace W. Eheart and Dale L. Eheart. The appropriate documentation is attached. Enclosures pc: Donald Carroll, Public Works Engineering Administrator M:\Francie\AgendaDonald.doc —ry 1 M: \Francie\AgendaDonald.doc 2004-3184 iN W L NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into this 8th day of September, 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 WALLACE W. EHEART AND DALE L. EHEART as Second Party, whose address is 640 East Collins, P.O. Box 757, Eaton, CO 80615 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at 28621 WCR 66, Gill, Colorado 80624 (Lot B, RE-3859) part of the south 'A, Section 23, Township 6 North, Range 64 West of the 6th P.M. in Weld County, Colorado. WHEREAS,First Party is the owner of the right-of-way known as WCR 66 for a distance of one mile between WCR 57 and 59 and located as follows: 60 feet of right-of-way between Sections 23 and 26, Township 6 North, Range 64 West in 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. 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: 11111111111113 11511111 IIII 111111 III 3111 III!IIII 3237715 11/23/2004 11:52A Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder Cc'4 3/95/ 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. 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. 1111111111111111111111111111/III 111111 III IIIIIIII/VIII 3237716 11/23/2004 11:62A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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. 111111111111111111111111111111111 Ell III IIIII MI MI 3237715 11/23/2004 11:52A 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: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WE CO JO LO,• �O'r� /� % Eta ATTEST: Clerk to the Board � 77 By: 7� /�._�� Deputy Clerk `, �- , Chair Robert D. Masden NOV 0 3 2004 SECOND PARTY: Wallacr W. and Dale L By: �'a' 'cIc d2 `-'!�.UdA� Title: Owner Q k SUBSCRIBED AND SWORN to before me this St� day of Septeraner , 20 04 By Wallace W. Fheart and Dale L. Fheart WIT and official seal So . Co rAiY 53 Notary Public '1/23/4� �n ss o xpires: MY COMMISSION EXPIRES m:\ 9) wt( eMonexclusive-form.agr.wpAINE 3, 2008 updat COLQiFF� IIIIIIII1111 I\I\VIII\VIII IIII VIII\III VIII IIII IIII 3237716 4 of 4 81 0.00 D 0.00 Steve Moreno Clerk Recorder dray SAP9 INVOICE Number: WELD COUNTY PUBLIC WORKS DEPT. Date: 10/27/2004 P.O.BOX 758 GREELEY,CO 80632 970-356-4000,EXT.3750 To: WALLACE W. EHEART AND DALE L. EHEART 640 E. COLLINS P. O.BOX 757 EATON,CO 80615 QTY DESCRIPTION UNIT PRICE TOTAL 1 Fabrication and Installation of $150.00 $150.00 Cross Road Sign(blue& white) SUBTOTAL TOTAL DUE $150.00 Road File# Other Case# RE#3859 Road 66 Sections Township Range O Installation Authorized Reviewed by: Title: Date: Locations: WCRS 66 RE-3859 M:\PLANNING—DEVELOPMENT REVIEW\Correspondence\INVOICE.doc , U.S. Postal Service, cr CERTIFIED MAIL REIPT r-1 (Domestic Mail Only;No Insurance erage Provided) ru F.r. livery inf.rmati.n visit .ur we.site at www.us.s,c.m r4 6Q, C I A L U S E ° Posing, $ 0.37 tElj I0: 0173 ci 0 t Certified Fee .• J" o ) September 17, 2004 0 0 (F_wttmetRequrwl r9.75%Redeee Fee -'440r• -nn �(Endorsement Reery Feequired)quires) Clerk:,COW\ r R ;" L i. a _-n I Total Postage aFees $ y4. 09/17/04 i Mr. and Mrs. Lupe Carpio n• a 32205 W.C.R. 57 ai r4! --- __________ Gill,Gill, Colorado 80624 r` _ = orro eexMo. City,Sett Ines-4 _.... - - — Dear Mr. and Mrs. Carpio: PS Form 3800,June 2002 SPC Reverse for Instructions This letter is to notify all property owners using the County section line that we are requesting a Recorded Exemption for our parcel number 0801-234-00-055, located in the South-Half (SI/2) Section 23 , Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. 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 land- owners 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 enclosed a self- addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Wallace Eheart Dale Eheart Signed: Lupe Carpio 32205 W.C.R. 57 Gill, CO 80624 _ _. m .a SENDER: I also wish to receive the follow- 70 a Complete items 1 andlor 2 for additional services. Ing services(for an extra fee): I Complete items 3,4a,and 4b. �� • O Print your name and address on the reverse of this form so that we can return this u card to you. 1. ❑Addressee's Address O Mach this form to the front of the mailpiece,or on the back if space does not e a, permit. 2. 0 Restricted Delivery N o Write'Return Receipt Requested'on the mailpiece below the elide number. `/e ; O The Return Receipt will show to whom the elide was delivered and the date s f a delivered. a v 3.Article Addressed to: t 7004 1160 0000 6513 2169 a �fr"t � r A Y e a /b 4b.Service Type m u 32 a of i i S C�{_ p., .} 7 ❑Registered fsc:ertified on W ❑Fxc ress Mail 0 Insured 5 OW L C 16021 es' // Im Receipt for Merchandise ❑COD 7.Date of Delivery O O a. 5.Receiv y (Print Name) 8.Addressee's Ad ss(On y if requested and a �p ("..—.6.4,0 f r fee is paid) Fc e 6.SI turY(A38ressee or Aged) a w PS Form 3811,December 1994 102595-99-5-0223 Domestic Return Receipt U.S. • - tal Service,, ru CERTIFIED MAIL:,, RE PT ,- (Domestic Mail Only;No Insurance 6 age Provided) N F.r.elivery inf.rmati.n visit.ur we.site at www.us.sec. Ill r—i +fit ;.., CIAL USE postage $ 0.37 UNIT ID: 0173 0 CI Certified Fee _ a September 17, 2004 Retum Receipt Fee (Endorsement Re uks ,' ;t 1rr. ,S (Endorsement�i+Fee Clerk .KBDBR4 re Tam Postage&Fees . . 4.42`,,, 09/17/04 ;iy Larry Schroeder c 60',x' °i''" P.O. Box 129 r IloeetArt °Po�N° Gill, Colorado 80624 Dear Mr. Schroeder: Oily.States ZIPI-I »aso..a��e 2002 See Reverse for Instructions This letter is to notify all property owners using the County section line that we are requesting a Recorded Exemption for our parcel number 0801-234-00-055, located in the South-Half (Sl/2) Section 23 , Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. 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 land- owners 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 enclosed a self- addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Wallace Eheart Dale Eheart Signed: Larry Schroeder P.O. Box 129 Gill, CO 80624 m SENDER: si I also wish to receive the follow- on o Complete items 1 and/or 2 for additional services. mm complete items 3,4a,and 4b. ing services(for an extra fee): D Print your name and address on the reverse of this form so that we can return this j card to you. E o Attach this form to the front of the mailpiece,or on the back if space does not 1. Addressee's Address • m permit. 2. 0 Restricted Delivery ❑Write'Return Receipt Requested'on the mailpiece below the article number. c 0 The Return Receipt will show to whom the article was delivered and the date o delivered. ' m II 3.Article Addressed to: I 4a.Artirle M,,...b" �1SKY `7c�ry/rtoedp� 7004p1160 0000 6513 21 0 � 40.service Type 23'6. rn //-{ 0 Registered ertified r wr , J.J X y ❑ E press Mail El Insured ¢ i Q V'.t// co oLahl Receipt for Merchandise ❑COD f 6 7.Date of Delivery z cc ant - at-\ F 5.R ' By: (Pn�Fme) 8.Addressee's Address(Only if) requested and i of �� tee is paid N 6.Signatur= ( ddressee or Agent) a m PS Form 3811,December 1994 102595-9943-0223 Domestic Return Receipt • U.S. Postal Service- F,°_ CERTIFIED MAIL: . RWIPT .-9 (Domestic Mail Only;No Insuranc erage Provided) FM For delivery information visit our website at www.usps.com Ill DO, EEJ4CIAL USE Peace $ 0.37 .---10111,,p: 0173 a a caltlrd Fee -(..- 4-4:-31-S0,',--, September 17, 2004 0 �'— ., a 0 Rattan Rodeo Fee (Endowment Regal) 11.73 Maw j -D (EndorsementRegred)) I 'at Cleric,; IG nm Postage a Fees $ i 4.42 09/17/04, Mr. and Mrs. Jerry Sidwell o Sent re / 28491 W.C.R. 64th O / e // ` . .r,,0:,,-,./ Gill, Colorado 80624 r` ' ilt / 1 —�R---=-•---•_.._____.__ or PO Box No. op,Skoo,2112+4 Dear Mr. and Mrs. Sidwell: PS Form 3800.June 2002 See Hoverse for Instructmns This letter is to notify all property owners using the County section line that we are requesting a Recorded Exemption for our parcel number 0801-234-00-055, located in the South-Half (S/) Section 23 , Township 6 North, Range 64 West of the 6th P.M., Weld County, Colorado. 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 land- owners 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 enclosed a self- addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. • Sincerely, Wallace Eheart Dale Eheart Signed: Mr. and Mrs. Jerry Sidwell 28491 W.C.R. 64/ Gill, CO 80624 _ e- o SENDER: I also wish to receive the follow- s o Complete items 1 and/or 2 for additional services. ing services(for an extra fee): • Complete items 3,4a,and 4b. - a Print your name and address on the reverse of this form so that we can return this card to you. 1. O Addressee's Address • 2 o Attach this toms to the front of the mailpiece,or on the back if space does not m permit. 2. ❑ Restricted Delivery r o Write'Return Receipt Requested'on the mailpiece.below the article number. o The Return Receipt will show to whom the article was delivered and the date . O delivered. m 3.Article Addressed to: • e 4 7004 1160 0000 6513 217E E ,3%I4fA'• Z-PALy 5)dive e / 4b.Service Type u a g 1 / t oteif / 7J7� 0 Registered Certified C�7q '/ ❑ press Mail O Insured Oil/ // 0 a �e ry� IOm Receipt for Merchandise 0 COD • a.{fJ (� I 7.Date of Delivery � 9 n —0L( y: (PnptyVame) r { Addressee's A dre ( requested and 407.24.767:. y: XY% c�Yl�G lee is paid) i 5 6.Signature(Addressee or Agent) 0 T b PS Form 3811,December 1994 102595-99-e-0223 Domestic Return Receipt EHEART Lot "B" Recorded Exemption NO. 0801-23-4-RE2094, a part of the S 1 /2 Section 23, Township 6 North, Range 64 West of the 6th P.M. • CENTER UNE /7..... UNION PACIFIC ROAD CH - N 50'38'45' E- 1222.46' R - 3744,71' / L - 1227.95' DELTA - 18447'18" CH - N 47"5'12' W 1678.80' / R - 3744.71' L - 1693.20 N 89'38'8' E 99.58' 1 DELTA - 25454'24' 0 M" •ile Home Lot 'A„ 4+/-a• . E 1/4 CORNER OH - N 37'11'48" E 408.23' , 8623 523. T6N. R64W R - 3819.71' 2 1/2'6 AL CAP ON L - 408.43' .C.R. 66 DELTA — 847'35' — INTERMILL LAS�74 > 13 is W b 24 REFERENCE; SURVEY BY JOHNSON @ ASSOCIATES in si N LAND SURVEYORS LS 8716, LONGMONT. CO. yry MARCH 21, 1973 $ '� esid 828621 W.C.R. 66 g 11N Q Gill, LOT "pp" / b m " 115+/-acres —25 11CR 66 t I 1T'A' • 447±AC - N 6612'58" E 162.81' ' 150. N 55'24'21' E 66.90' 76' N 36'43'48' E 103.99' 5. N 3217'39' E 215.80' i § NOTE: ONLY LOT "A" N 85'51'59' E 535.49' i SURVEYED 30' RESERVE FOR A" Mbn NCR 88 N 1•55'10' W 207.92' 054 6.774 t AC 2yS�1n13 b 60' ROM • •- -_BI' ' L_ _ _ J.63 111G.02--I N 89'47$4' E 1207.19' r-� N 69'47'34. E 2653.2r W.CcR. 66 S1/4CORNER ACCES CCESS 523, T5N,.R64W 3 1/4's.AL CAP CN Township No. 6 of Range Ito. 04 - 'est of the 67A 1'rinripal .7leridian. _ _T _ y � 2 i - LI — it 4 Y i ( J y- -- _--___-� ___- -.—-- __—.-�_. _-__.� _. _._�_ T f1 t SJP I 8J% I a • 4 J le t6 e - 4 tit 1 a .. , �I I I . II •I• -1141 , a 8 �g 2f., ' 2I5 6 30 `q � la L:: m H Itf3 1•1434141 1. IIItut F. Hnm t Dump. ,x, I P oa IIliny. £ 1..n.. Culture Pnitm. ItIsrd �•%I:mw nkoa nn rluant. ;ry 8k, r1ti Yiif G/ l -.11 -11.. 3 Y I 0 5s5 WELD COUNTY ROAD ACCESS INFORMATION SHEET Q PY Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (9701356-4000, Ext. 3750 Fax: (970) 304-6497 Road File#: et' Date: April 30, 004 RE#: I Other Case#: 1. Applicant Name Wallace W. and Dale L. Eheart Phone Address P.O. Box 757 City Eaton, _State CO Zip 80615 2. Address or Location of Access 28621 W.C.R. 66 Gill, CO 60624 Section 23 Township 6 Nortkange 64 Weslubdivision Block Lot Weld County Road #:66 & 59 Side of Road West Distance from nearest intersection At Intersectic 3. Is there an existing access to the property? Yes XXX No #of Accesses One 4. Proposed Use: • XI Permanent Residential/Agricultural ❑ Industrial O Temporary O Subdivision O Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential WCR68 (Hwy) 392 L_ 0&G = Oil&Gas D.R. = Ditch Road 0 = House O = Shed t, A = Proposed Access N o, A = Existing Access 'n in a 4- a Ni c , -: ',AG/ S 7 II////// 'y LMA wi WCR71 .tAniaT�6 6 F-7,._0FFICE USE ONLY: (("�� Road' ADT Date Accidents Date Road ADT • Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions O Installation Authorized O Information Insufficient Reviewed By: Title: -7- �, pp 1 ..A Y' `4'I.rY .' } ! 4 3 `k � "•••.:4,1,- / 4,y Iy t r Z ' i'F r ;e ms ° 'Y !..- , tr' K 5 t?-4.; ' s a ��! 3� SN: 1 • -4 .. 3 l Y°! ..V y r , } }�ux i ( r � ARP. '1 , c .. \ A` www ,e ._,f v1,), trt / � ! ,;- /� sII rl •,i C . r 2 A rye Yt. 1 � y Hello