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Home My WebLink About20042038.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 40 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - STANLEY AND NANCY FLIPPIN 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 40 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 Stanley and Nancy Flippin, 19108 Weld County Road 47, LaSalle, Colorado 80645, 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,ex-officio Board of Social Services,that the Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Road 40 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 Stanley and Nancy Flippin 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 19th day of July, A.D., 2004. BOARD OF COUNTY COMMISSIONERS 14 E Aa WEL OUNTY 186' a_`I'dn. �� Robert\DD...,M)1(asden, Chaairr_`\-_ r3 Id1.Go rk to the Board 's Ate' ,�j r,n �� William . Jerke, Pro-Tem Deputy Clerk to the Board 277 -WAY M. J. Geile APP AS EXCUSED David E. Long unty Attorn EXCUSED Glenn Vaad Date of signature: 0 W 2004-2038 EG0050 O ; PL,PL,J i4-PPc_ 00-//-a(-/ MEMORANDUM WIWD € TO: ClerktotheBoard DATE: July15, 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 Stanley D. Flippin and Nancy E. Flippin. The appropriate documentation is attached. Enclosures pc: Donald Carroll, Public Works Engineering Administrator M: \Francie\AgendaDonald. doc 2004-2038 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this %C/-day of THIS , 2004,by and between WELD COUNTY, COLORADO,by and through the Board of unt ommissioners of Weld County, Colorado,whose address is 915 Tenth Street, Greeley, Colorado 80631,as First Party,and Stanley D.Flippin and Nancy E. Flippin,as Second Party whose address is 19108 WCR 47, LaSalle CO 80645. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the part of the SW '/o of Section 25 Township 4 North, Range 65 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 40 for a distance of 1,760 feet east of WCR 47 and located as follows: 60 feet of right-of-way between Sections 25 and 36, Township 4 North, Range 65 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 1 32071 0 /VIII IIIIIII II IIIIIII IIIIII III VIII IIII IIII 1af 175 R 0.00 2D 0.00 Steve MorenooClerk& Recorder6leel-/-,W33) • 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. 2 IIVUM lilt 1111111II11111111111rIII 111Itit 3207155 08/09/2004 2 of 7 R 0.00 0 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 1 111111 11111 11111 1111111 11 EMI III 11111 11111111 3207155 08/09/2004 11:01A Weld County, CO 3 of 7 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 - I " BOARD OF COUNTY COMMISSIONERS J/4WELD COUNTY, COLORADO � �:• - .: n Clerk to the B. .rd 1861 t °\IVZ Clerk Robert D. Masden, Chair ® �� ty JUL 1 9 2004 SECOND PARTY: STANLEY D. FLIPPIN NANCY E. FLIPPIN By: � 16) By: AktA ,g U SUBSCRIBED AND SWORN to before me this /3,'1.1 day of S A /y , 20�, By - ►d _NNF VI% • • NO p °l�4,o WITNESS my hand and official sea!D ; 9 tr • i 11 c C . • ary Pub 't OLORA0Or' My commission expires: ,Tu 9 2-9, ZLO(.o RE-3781 M:\W PFILES\AGREEMNT\Non-exclusive\Flippin-agr.doc0. 4 11111111111111111111111111111111 11111 III 1111111111111 3207155 08/09/2004 11:01A Weld County, CO 4 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder agcy a7D 3a 100/183 100/185 Co. Rd. 31 Co. Rd. 35 100/184 100/186 Co. Rd. 33 Co. Rd. 40 100/187 Co. Rd. 42 Road Book 48 page 132 Petition to open road: Com- mencing SE corner Sec 31; thence North to NE corner Sec 6; East on every section line of T 3 R 66 and T 4 R 65 and on every section line North & South in T 3 R 66 and T 4 R 65. 7/22/1885 Petition to open roads 1. Commencing NW corner of Sec 30 T 4 R 65; thence East. (183) 2. Commencing NW corner of Sec 31 T 4 R 65; thence East. (184) 3. Commencing NE corner of Sec 4 T 3 R 66; thence South. (185) 4. Commencing NE corner of Sec 3 T 3 R 66; thence South. (186) 5. Commencing NE corner of Sec 2 13 R 66; thence South. (187) Granted see Book 4 page 71 7/18/1887 Petition to open road: Com- mencing NW corner of Sec 27 T 4 R 66; East 12 miles, (183) Viewer's appointed, see Book 4 page 419 4/20/1904 R/W Deed in Sec 36, 13, R66; Grantor: State of Colo Recorded in Book 217 at page 29 I11111111111111111111111111111111111111 III 111111IIIIIII i, 3207155 08/09/2004 11.01A Weld County, CO 1885-0013 5 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder --- 3.7:12 . . '' �d'r o1 •Eas •fe _Li ••. V • C \ �o to . �l/� N , KCl1YY 20• ii •v7 . • E. • S. • /k j S fl��•0 II // n II Ea ae w !a •• • • ss •▪ •a•I •Gab ae .a• •• • II v .�' s3 • . I 4 .•a• .1 .6 ^ x + u• • •! f,• p '1,,•P/O//1 35 its • • II • _'' • 11✓ .__ __ -,?• • sI f ■ 5 I . — — I ' r�.waw (C. • R A 1 I• • n 1E Is C� � /• • • . 4 , i I x1 22 I I E! a. • u E4 x' ' l.. I I - I !\ EE I •f.. 22 w 25 :. I • u a•I a. 35 31 it I II•I • s I ! 1 E I/ r 11111111111IIIIIII 13 II 111111111 III 1111111111111 3207155 6 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder /0, " o lS 7/e„. /5. 7LI • kt i t s - 1 \e , r� Township%HO. i of Range No. ,> /Vest of the 6th Principal ?leridian. *��:✓.., Y...t dI ,-/ .r i • • i 5 1 4 3 ' y^ 2 1 — j I �' d.O/. af. ... d[...... .. 11 14/27/7--L py t..... .449 1 1Y 46 15 td 1 13 f l'-)4 4 '.fir 1' " ,ice Li 9 'ii. 49 ; 21 n 22 lay— ` 24 4 aI T.3 , t� 0 • ,, >_' 30 28 I2T 26 a6 1 31 32 _ F _ 33 t` 34 j 3$ 1 , mss, I .,.a : r y. .YIifi. EEVEtLNCP. t-]blend lack L-We-. p4W Bet.]. • t. 'fl.be o.rind. BS t--1Lnd Cullu..1..,m limb notNbeMst marked us YOWL l' Yy • • { - ' 1 111111 11111 VIII 1111111 II 1111111111111 Iii 111111111111 3207155 08/09/2004 11:01A Weld County, CO 7 of 7 R 0.00 D 0.00 Steve Moreno Clerk& Recorder WELD COUNTY ROAD ACCESS INFORMATION SHEET �0 5, L. Date: y 1-)—O/ Road File#: '7°r/ RE#:: 3761-d/ Weld County Department of Public Works Other Case#: 111 H Street,P.O. Box 758, Greeley, Colorado 80632 • C Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name 1 yar-h )e y 0 /-' 1" ;pp ; N Phone ;22`'/ — in6 9 Address./570 8 wC L 97' City s SA //e State.00_Zip 2o4Yr 2. Address or Location of Access / 9/c9 8' 02 cR 4'7 Block Lot Section , V Township y /V Range 4 S SubdivisionDistance from nearest intersection Weld County Road#: Side of Road 3. Is there an existing access to the property? Yes r No #of Accesses 4. Proposed Use: ❑ Permanent IV-Residential/Agricultural 0 Industrial ❑ Other ❑ Temporary 0 Subdivision ❑ Commercial ***********************************************************************************************************1******************* 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential ---] L.__ O&G = Oil&Gas D.R. = Ditch Road O = House p = Shed .. � NT SEcTpJ Lan a_ - 16- 0ci i ****1********1**1********1**1**1**Irk*********** u'' ' 0 OFFICE USE ONLY: Road ADT Date Accidents Accidents Date Date Date Road ADT Size Length Drainage Requirement Culvert Special Conditions O Installation Authorized ❑ Information Insufficient Title: Reviewed By: -7- III, am . , 1 • ha O N \ 14' Y f np: • f# eyi t.Y j,o / + ii a. Q y ft 3� . `�` n .„.,_, k6 , , _ s�'.. : ,, , .. ' y ..„ yi R V R ` 6 4° 9 i5 : y V :r 'si ' �� S y f Yi • � e i.. 3 fir .....1 4 #4‘.; :2P,.? 1i _ y „) - Ill is`;- sv 1 $ '" �'Q4 «4 six ' e , s . . e Hello