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Home My WebLink About20043520 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 15 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - DONNA MCWHORTER 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 15 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 Donna McWhorter, 4550 Creekwood Drive, Loveland, Colorado 80538, 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 15 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 Donna McWhorter 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 20th day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I, Robert D. Masden, Chair k r Sr _ _ lerk to the Board 1 ;)\ William Jerke, Pro-Tem uty Clerk t the Board M. J. ile APP: a OFD AS ..O: I : ew� Dav d E. Long •ounty Att rney Glenn Vaad Date of signature: (ØY7/CS 2004-3520 EG0050 �� /Li A./ /1fJQ Ci c?l OS a MEMORANDUM WIERCTO: Clerk to the Board DATE: December 14, 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 Donna J. McWhorter . The appropriate documentation is attached. Enclosures pc: Keith Meyer, Engineering Division Manager Donald Carroll, Public Works Engineering Administrator M:AFrancfeAAgendaDonalddoc T hJ IJ M: \Francie\AgendaDonald.doc 2004-3520 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 bec_C M cites 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 DONNA J. MCWHORTER, as Second Party whose address is 4550 Creekwood Drive, Loveland, Colorado 80538. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the South V2 of the NE 'A, Parcel #55506000024 (RE-3925) of Section 6, Township 8 North, Range 67 West of the 6th P.M. in Weld County, Colorado. WHEREAS,First Party is the owner of the Right-of-Way known as WCR 15 for a distance of 3/4 mile North of WCR 96 and located as follows: 60 'Right-of-Way between Sections 5 and 6, Township 8 North, Range 67 West in the 6th P.M., 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: - 1 - 110111 VIII 11111 11111 111111 III IIIIIIII III VIII IIII IIII 3252639 01/13/2005 11:31A Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder :>>no s% 3s o 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. 1 111111 1111113111111111 III 1011111 III 11111 IIII IIII 3252639 01/13/2005 11:31A Weld County, CO 2 of 5 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. IIIIIIIIN gin VIIIIIIIIINONE III VIIIIIIIIIII 11 3265(265 R 01.00D 2 60.CoSteve Moreno Clerk 4 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 WELD COUNTY, COLORADO /��%� � %ri 1 fi ATTEST: Clerk to the oard f ectpp- Deputy Clerk . . �: % •• Ql Robert D. Masden, Chair DEC 2 0 2004 SECOND PARTY: DONNA J. MCWHORTER By: a yJ� SUBSCRIBED AND SWORN to before me this 7g day of rri e.0--7.ii0, 20() By Law -L' C- 2/1ek,)�Id !-.-"S �\\ P ‘ 1��pTaq''4'S' � WITNESS my hand and offic� s44b �'f I• • / / /� 'IV*", 0 IVAVc .0, otary Publicyeterk-, A( 7)6, /yp , My commission expires: v1/4‘,„1-,002- ,� = MyConmission Expires 2113/2006 M:\W PFILESW GREEMNT\Non-exclusive\McWhorter-agr.doc �III\\\Hit IN 111111y IIIIIIII III IIII101111 II 4 3252639 01/13/2005 11:3 4 of 6 R 0.00 0.00 Steve Moreno Clerk& Recorder °Pee 5/-3s9 3 �r.rr} '",�'4 i '^° .N tr €3 ♦ a ,4tr-1t 1 ' 'or s k; _. x fn`, " ,i,-.-...-:4-,7).-',,,,---„,„,,,,,,,,,,„,-, w4,,,,t,,,-;4;,..L.14„,::.,:-.-.s:.1,?., - - 1 7# yJ ! fyG •'y` t ^�E 7 n; ;.,,,,,:$1,::::.: ;:%- K �" `, _e ry'i"i f t �Y. y • ~• f *R J,,F I U Ml ; • r '1 : r , hs,� a ' Y 1 . it `i � 1 „„kM,�t k s� sfS�'' �'�, M s r§sc T-X.s� u 1'' fl'il �v3 , r ,` t x��„ »§ "x'₹'#.`} Fi ,`'` '" }� *sTL�? ct1 :fi , 4r . 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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 ofthe 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 • WHEREAS,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 rezular meeting by an order of the Board decare any section or township line on the public domain a public highway, and on and after the date of"suth 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 all section 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 1.1 north in ranges 56, 57, 58, 59, and 60 west of the sixth principal meridian; townships 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 1 I. 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 secdohs 19 to 36, inclusive, in township 12 north in ranges 56 to 67, inclusive,west of the sixth principal meridian, 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.CT2\CTHFORMSREI C89 Donna J. McWhorter 4550 Creekwood Drive Loveland, CO 80538 970-218-3506 September 30, 2004 Forrest McMichael P.O. Box 1255 Wellington, CO 80549-1255 Dear Mr. McMichael: 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 055506000024, located in Section 6, TBN, R67W of the 6th P.M., Weld County. When that is granted, current plans are to sell the exemption parcel for the purpose of a future single family residence. 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 the 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, 0 dd Donrfa J.McWh orter Acknowledgement: ?c<-e54 MC Chc1 t(/i,/O5/ 4,,,,A34AAlie--tit:if) print name / date signature pc: RE-3925 Donna J. McWhorter 4550 Creekwood Drive Loveland, CO 80538 970-218-3506 September 30, 2004 Kenneth Miller P.O. Box 685 Wellington, CO 80549 Dear Mr. Miller: 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 055506000024, located in Section 6, T8N, R67W of the 6th P.M., Weld County. When that is granted, current plans are to sell the exemption parcel for the purpose of a future single family residence. 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 the 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, Donna J. McWhorter Acknowledgement: kiti V) Pk: ((e( pri name / date pc: RE-3925 Donna J. McWhorter 4550 Creekwood Drive Loveland, CO 80538 970-218-3506 September 30, 2004 Brian Patefield 7513 WCR 96 Wellington, CO 80549 Dear Mr. Patefield: 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 055506000024, located in Section 6, TBN, R67W of the 6th P.M., Weld County. When that is granted, current plans are to sell the exemption parcel for the purpose of a future single family residence. 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 the 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, Donna J. McWhorter Acknowledgement: t avQ ₹ cta (o)21 frtprint name / dsignature pc: RE-3925 • .5---../ 7- ; 2 `D" Case # RR I G as- Name !'A C W 14opTEQ WCR Location r 5 1 g__ NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL 9 - lc,-el Documentation of Proof of Right-of-Way (GIS Dept.) or document of an easement shall be provided to the Department of Public Works. \9-'"° 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. / V An 8 1/2 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. )3--1-o1 The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. / v The applicant shall complete a Weld County Road Access Information FS-10-off sheet. ✓ \13 ° $.150.00 fee for the fabrication and installation of blue and white cross- Foad sign. k� s-rI Na cwt/wu,r s.,la I \// The above information shall be submitted to Weld County Department of Public Works. P. - Send to Clerk to the Board for hearing date : M,:\WPPILES\DON-C\Subcklist.doc WELD COUNTY PUBLIC WORKS DEPT. P.O.BOX 758 GREELFY,CO 80632 970-3564000,EXT.3750 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 'II Road File #: IS stctio0 Li i-iF A-ccEn', Date: I-U, -04 • RE# : 3.0! a5 Other Case#: 1. Applicant Name 11e Mr-PtriLo(kr. Phone 970 -- �18-,3C-bb Address 4557) Cr-cQLwtm1 Lei City 1 a ,/P,/&n t State Gr) Zip " 2. Address or Location of Access 47.Sq$- W a k IC O,t1,1)Agin_ C7 goC4-9 Section to Township 5? Al Range V11.0 Subdivision JJ Block Lot Weld County Road #: Side of Road Distance from nearest intersection 3. Is there an existing access to the property? Yes X No #of Accesses 4. Proposed Use: ❑ Permanent Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential _I L._ O&G = Oil &Gas D.R. = Ditch Road O = House O = Shed I _ or +3447&9c III4 kwutiSf A = Proposed Access ; y------ A = Existing Access r �' ' Le+1} NT .t.„ F � h� • k.Q woO a n OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions Nuw1E,+4- uc , U Installation Authorized ❑ Information Insufficient Reviewed By: Title: -7- MEMORANDUM WilleTO: Chris Gathman, Planner II DATE: Sept. 22, 2004 FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-3925, Donna McWhorter The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 15 is designated on the Weld County Road Classification Plan (FHU) as a section line road. This 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. WCR 96 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. This 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. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. (Lot A) The applicant shall utilize the existing residential access to this parcel. (Lot B) If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No circle drives will be allowed. In accordance with Chapter 8, Article II of the Weld County Code, this policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties that access Weld County roads are also subject to this policy. 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-3925 M:\PLANNING-DEVELOPMENT REVIEW\RE-Recorded Exemption\RE-3925.DOC Hello