HomeMy WebLinkAbout20043185.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF WELD COUNTY ROAD 15 RIGHT-OF-WAY AND AUTHORIZE
CHAIR TO SIGN -JAMES WOODWARD
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 James Woodward, 2035 Sherell Drive, Fort
Collins, Colorado 80524, 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 James Woodward 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
WE COUNTY, COLORADO
MM.,“
< , Robert D. Masden, Chair
{'I• C," lir Clerk to the Board
.�.�
1861 N �9
°ar, William H. rke, Pro-Tem
S. RP .-.La
NeUTOse�nl Clerk to the Board
eile
A V AS RM: t �
David E Long
ounty Attorney adiV
Vaad
Date of signature: 11/25.24±/
2004-3185
EG0050
(10'. , /9/' L_ /0? Oi C7
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MEMORANDUM
woeTO: 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 15) with James B. Woodward.
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Public Works Engineering Administrator
M:\Francie\AgendaDonald.doc
7 ,
M: \Francie\AgendaDonald. doc
2004-3185
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
it° MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT made and entered into this /a- day of
6 trensEn'--, 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 JAMES B. WOODWARD, as Second Party whose address is
2035 Sherell Drive, Fort Collins, Colorado 80524.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located in the North V2
of the Northeast '/.4 (Parcel#055506000023)of Section 6,Township 8 North,Range 67 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 15 for a distance of
one mile north of WCR 96 and located as follows: 60-foot right-of-way between Sections 5 and 6,
Township 8 North, Range 67 West of 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.
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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.
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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.
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CO
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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
+�/101a TTEST:
4
Clerk to the Board IEt≥
By: 186 1jg7 ' a
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Deputy Clerk to the B. � Robert D. Masden, Chair
NOV a1 0 3 2004
'
SECOND PARTY:
JAMES B. WOODWARD/
BY: 1/40-1/2 B W. it.vae-Ge -
SUBSCRIBED AND SWORN pp beforp me this /2 day of 010 , 20 0 4BY �friii Q. 1(.41. yYaf
WITNESS my hand and official seal
Notary Public GY� � Cail:'*,
My commission expires:
MycomnissionExoires:2.26.2005 O pp C.
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PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
C
IlDWEBSITE: WWW.CO.WELD.CO.US
PHONE (970) 356-4000, EXT. 3750
Q FAX: (970) 304-6497
COLORADO
October 8, 2004
James Woodward
2035 Sherell Drive
Fort Collins, Colorado 80524
Dear Mr. Woodward:
Leon Sievers, our staff Surveyor and Right-of-Way Agent, utilized a title company to
verify land patents at both the locations you requested:
WCR 15 and WCR 98 (section line accesses) located between Sections 5 and 6,
Township 8 North, Range 67 West.
Sections 6 and 31 located in Township 9 North, Range 67 West.
The 1989 Resolutions pre-date the patent dates of the parcels; therefore, it is
determined that there are 60-foot rights-of-way per the 1989 Resolution.
Please find the attached revised Non-exclusive License Agreement reflecting the 60-
foot rights-of-way between Sections 5 and 6, Township 8 North, Range 67 West of the
6th P.M., Weld County, Colorado.
Sincerely,
Donald Carroll
Engineering Administrator
Enclosure
pc: Leon Sievers,
WCR 15 and 98 files
M:\PLANNING-DEVELOPMENT REVIEW\Correspondence\Woodward-letter.doc
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James B. Woodward and Karen A. Wolff
2035 Sherell Drive
Fort Collins, CO 80524
August 31, 2004
Ms. Donna McWhorter
Wellington, CO 80549-1255
Dear Donna:
This letter is to notify all property owners using the County section line access
that we are requesting an access for our parcel number 055506000023 located
in Section 6, TBN, R67W of the 6th P.M., Weld County. We are building a
residence on the parcel. The reason for this notification is that it will add another
residence sharing the current section line access road, and Weld County Public
Works requires that all landowners be notified.
Your signature on the certified mail receipt will acknowledge notification.
Sincerely,
Jas.
James B. Woodward
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department Date: 8— t q - o4
1111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497
1. Applicant Name Jl i.d e-> B \ con.// X> Phone
Address 3 y S t4CP LL (� City PT Coil ins n e State(G Zip a D�J
2. Address or location of access 47t 9 7 C-C /5' t,J6tL/uu r ov Co 8os4.�
Section c, Township 8 Range G ]
Subdivision Block Lot
Weld County Road # {5 Side of Road WEST Distance from nearest intersection 98/r•'
3. Is there an existing access to the property? Yes No #of accesses
4. Proposed Use:
2-Permanent ,...frResidential/Agricultural ❑ Industrial
❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other
**********************************************************************************************************************
5. Site Sketch
Legend for Access Description:
AG = Agricultural --J H
RES = Residential S.L.— +
O&G = Oil & Gas — — — — — —
D.R. = Ditch Road Eau he I
O = House
El = Shed
got
J SK'( v 10 SEC 5
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N 7 r-- -INje-42- I
**********************************************************************************************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation authorized ❑ Information Insufficient
Reviewed By: Title:
6
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