HomeMy WebLinkAbout20041818.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO
SIGN - MICHAEL HUBBARD
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 LicenseAgreementforthe
Upgrade and Maintenance of Weld County 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 Michael Hubbard, 489 Arrowhead Drive, Loveland, Colorado
80537, 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 LicenseAgreementforthe Upgrade and Maintenance of
Weld County 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
Michael Hubbard 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 July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
I �: a W D COUNTY, COLORADO
' ISbI
1 �r Robert D. Masden, Chair
®��•p�,��.►�^ Clerk to the Board
• William H. rke, Pro-Tem
•
Deputy Clerk to the Board
M. ile `�4/� C
APP D AS TO M:
David E. Long
ounty Att rney
Glenn Vaad
Date of signature: '` );./P7/
2004-1818
EG0050
a
MEMORANDUM
C• TO: Clerk to the Board DATE: June 29, 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 with Michael W. Hubbard
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Public Works Engineering Administrator
2004-1818
/J I' _..
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
• MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 7 day of
2004,by and between WELD COUNTY,COLORADO,by and through the Board of
County Commissioners of Weld County, Colorado, w,/�ose address is 915 Tenth Street, Greeley, Colorado
80631, as First Party, and !'t i GI,0 I i.3. I-4 k Lhc rd
, as Second
Party whose address is LIVI Attooke4A be; I hpvelan.e, CO 6'O53?
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at
Pa f«< $ TQo / s k,. NG) Ydi
of Section IS ,Township q North,Range/4,7 West of the 6`sP.M.in Weld County,
Colorado, and
WHEREAS First Party is the owner of the right-of-way known as WCR /06 for a distance of
I wt;�e east AP t.J g 17 a„d tt "ale sow.tk en& L3CI /di
and located as follows: ?O'S Pens an Ike sena-Aside ol.snct-inn /ine ge/a..er(
SecAoxs 9#1(o an 317'ntl gene)o., #L( ..Jestclelr 0Y secfl,tl line Ae7Lseer se"et*as /Gt/S
6eetien , Township q North,Range /r?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:
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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.
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.
2
• 1 111111 11111 111111111111 111111111111111 III 11111 11111111
3200753 07/21/2004 12:47P Weld County, CO
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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.
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.
•
HBO 11111 11111 11111111 VIII IIII 111111111 11111 IIII IIII
3200753 07/21/2004 12:47P Weld County, CO
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3
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 orwar`
ATTEST: J6 nm4 "7, niT" `
6 Y'G at
Clerk to the Board 444YYY _
roe, `yy
BY: . / �iea N°1 11,,. —�
Deputy Clerk 'relyRobert D. Masden,Chair
(07/07/2004)
SECOND PARTY:
By: Is\-ta.'4)
SUBSCRIBED AND SWORN to before me thisl5th day of June 2(P4
BYNichaa1 U1 Ilubb,nr1
WITNESS my hand and official 1
%%% pH
, pHNA pile
Notary Public ,t1ioT.4
My commission expires: August 19 , 2006
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M:\WPFILFS\AGREEMN7\Non-exclusive\NonExclusive-Forth-Agreement.doc
(Updated 2/2004)
111111 11III 11111 1111111 I111I II11111111 III 11111 I11I IIII
3200753 07/21/2004 12:47P Weld County, CO
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WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: 6- a 04
1111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax:11 (970) 304-6497
1. Applicant Name Ili AL4t( k I/, gu6Lore(fI Phone Q70-,o(ant - 030(
Address i-f¶{q 4reo . k..A Art.,, City kouelc.tei State CO_ZipSOS37
2. Address or location of access CS J'a Ai U) SLI
Section ►5 Township q tllori-te Range to? 1desi
Subdivision Block Lot
Weld County Road # 17 Side of Road Edit Distance from nearest intersection I m;/c */-
4. %9 mac soMt11
3. Is there an existing access to the property? Yes No X #of accesses *I-
4. Proposed Use:
;4 Permanent $ Residential/Agricultural ❑ Industrial
0 Temporary 0 Subdivision 0 Commercial ❑ Other
+****.****************************************************************************************************************
5. Site Sketch
Legend for Access Desc
AG = Agricultural II /06 1. III
RES = Residential Q.0?6Scd °Aces
O&G = Oil&Gas
D.R. = Ditch Road
O = House
O = Shed •
N
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Sek i o rt
is-
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OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
ID Installation authorized ❑ Information Insufficient
Reviewed By:
Title:
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April 23,2004 COPY_
Thomas Varra
9080 WCR 102
Nunn, CO 80648
To Whom It May Concern:
This letter is to notify all property owners using the County section line access,that we
are requesting a Non-Exclusive Right-Of-Way for our parcel: S1/2NW1/4, located in
section 15, T9N, R67W of the 6th P.M.,Weld County Colorado. When it is granted, we
will be building another residence on the parcel. The reason for this notification is that it
will add another residence sharing the access road, and Weld County Public Works
requires that all landowners be notified.
Sincerely,
Michael W. Hubbard
489 Arrowhead Drive
Loveland, Colorado 80537
(970) 669-0301
April 23, 2004 `op'y
Patrick D. Malone
%Malone Real Estate
P.O. Box 15
Kahoka,MO 63445
To Whom It May Concern:
This letter is to notify all property owners using the County section line access,that we
are requesting a Non-Exclusive Right-Of-Way for our parcel: S1/2NW I/4,located in
section 15,T9N,R67W of the 6m P.M.,Weld County Colorado. When it is granted, we
will be building another residence on the parcel. The reason for this notification is that it
will add another residence sharing the access road, and Weld County Public Works
requires that all landowners be notified.
Sincerely,
Michael W. Hubbard
489 Arrowhead Drive
Loveland,Colorado 80537
(970)669-0301
April 23,2004 COPY
State of Colorado Land Board
Attn. Bill Killup
1313 Sherman St. Room 620
Denver, CO 80203
To Whom It May Concern:
This letter is to notify all property owners using the County section line access,that we
are requesting a Non-Exclusive Right-Of-Way for our parcel: S1/2NW1/4, located in
section 15, T9N,R67W of the 6th P.M., Weld County Colorado. When it is granted, we
will be building another residence on the parcel.The reason for this notification is that it
will add another residence sharing the access road, and Weld County Public Works
requires that all landowners be notified.
Sincerely,
.
Michael W. Hubbard
489 Arrowhead Drive
Loveland,Colorado 80537
(970) 669-0301
U.S. Postal Service.,.,
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