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Home My WebLink About20041093.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF RIGHT-OF-WAY ON WCR 4 AND AUTHORIZE CHAIR TO SIGN - WILLIAM BELL 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 Right-of-Way on Weld County Road 4 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 William Bell, 320 North Cedar Street, Keenesburg, Colorado 80643,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 Right-of-Way on Weld County Road 4 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 William Bell 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 April, A.D., 2004. BOARD OF COUNTY COMMISSIONERS LD COUNTY COLORADO ATTEST: �/ ' �',', ` Robert D. Masden, Chair Weld County Clerk tot `pwi.i' William H. ,?rke, Pro-Tem BY: �t Deputy Clerk to the B.� �N . Gei APP V A F : David E. Long oun y Attor ey Glenn Vaad Date of signature: / 2004-1093 EG0050 Oe : PL, 4p,aL eu+) 0 5-73 -o y 2_ NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this '/- day of AO ,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 William H. Bell, as Second Party whose address is 320 N. Cedar Street, Keenesburg, CO 80643. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at the east'/: of Section 30, Township 1 North , Range 63 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 4 for a distance of%2 mile west of WCR 63 and located as follows: 60' feet of right-of-way between Sections 30 and 31, Township 1 North, Range 63West, of the 6ch 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. 1111111 11111 11111 1111 11111111 11111IIII!II111111111111 3177209 05/05/2004 12:O1P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 1 - -- cQcc Y-.e9 3 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. 111111111111111111111111111111111111111III 11111 IIII IIII 3177209 05/05/2004 12:01P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 2 - 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. 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 I1I1IVIIIIIII Milt IIIIIVIII III HMO IIII 3177209 05/05/2004 12:01P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder - 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 E / �' ATTEST: Clerk to the oar isl \\• Deputy �r . p y Clerk � Robert D. Masden, Chair APR 0 7 2004 ® SECOND PARTY: WILLIAM H. BELL li t)t/_ �C >nyln�0, (owner) SUBSCRIBED AND SWORN to before me this i-11 day of iEi34.aav , 20QM, By \n\\t_ .0 1-1,. % ‘..A._ WITNESS my hand and official seal ` Notary Public �v.,.d u�J:4% My commission expires: 1\ -2A0 Ns;CI or -r;s pp .,..e. M:\WPFILESWGREEMNT\Non-exclusive\Bell-agr.doc - .143 AYvay 1 111111 ON In BRIM VIII 11111 III VIII 1111 IIII :01P Weld Cu ty, C 4 1 of 24 R 0.00 09 20 0.00 004 2Steve MorenooClerk:Recorder moo4/-/i 9_.5 100/536 • Co. Rd. 4 see County Clerk and Recorder Book 283 page 296 5/13/1908 Petition to open road; Com- mencing SW corner Sec 25 T 1 R 6Q; East 13 miles. Vie ,rs appointed. see Book 11 page 592 /8/8/1908 Viewers report approved; declared public highway. see Book 12 page 15 ne ( .fi • I b • • T R.64W. I I }R.63—W — -- n A A M S y • vow ISHEET II is 45 47 49 51 53 55 57 59 6 63 65 67 69 71 Y3 7 • /oo7s3L 030001/ .♦. . • i ♦ Date: 7f" p 3- Road File#: ��' RE# : f)''`S Weld County Department of Public Works • Other Case#: ;11 H Street, P.O. Box 758, Greeley, Colorado 80632 I Phone: (970 )356-4000, Ext. 3750 Fax: (970)304-6497 Li:11ic.:M H C \ ,...,/ (..,,,)(j 1 ;�'..\`i Phone �1013 - ! .:tZ•i `t',r, 1. Applicant Name State Co Zip�'o��r•? Address 32O ✓t). Cr-J City. i4i.tc,,eIL-� 2. Address or Location of Access 3% .-n. 3, "4 Si4 on �,✓i� Block ,r//�; Lot ,t1/4tlel J ,.` o Section 30 Township 1 Range 4 Subdivision Weld County Road#: 63 Side of Road L._)c.1.�- Distance from nearest intersection±/z_ I , ' �/ No __ # of Accesses I s.F4 3. Is there an existing access to the property? Yes ___— 4. Proposed Use: O Permanent 6i Residential/Agricultural J Industrial O Temporary O Subdivision O Commercial O Other ._ 5. Site Sketch Legend for Access Description: L AG = Agricultural RES = Residential - u . c. .,/ :. O&G = Oil&Gas - D.R. = Ditch Road O = House Q = Shed • NT • ../..\, I,.1- ,4 J.. E-..-.J ' tt H 1 OFFICE USE ONLY: 'lc. 6,3-/ ADT r,„ y-/2 16. Date Accidents —' Accidents Date Road 6 ACT Date __- Length Drainage Requirement Culvert Size 9 Special Conditions O installation Authorized O information Insufficient . . Title: Reviewed By: • CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES -7- • 3�1 s 36 34 . 31 r''�i [ : 1 :, I 'x — ` x 6 ` I I rt, I I 3IA } 3 .x � , f NV'17-?e i� 'fir r g u s $x 3 sr � � i � `� 3 S _ �rr g CY 3 3 _ -2,2... � r # r d'""' `.�c4" � �'N _ . ' Township No. I of Range Xo. West of the 6th Principal Keridian. - It. 1 L ii: : Iiiii .1 I I • i 1 I ._ , 10 1-}r ---. P 5 .. ,yor t I I i • t i �._.... .11,____ ______0,.. -- -- 1i3 - t4 `- �-.4 , 1 i I . I I eelorwesesweernewar.wl.wrw.•,..r....L....................1._._=.4__......- i I ys I 20- 2-t — i I E 1i - e r V / is s4c ^l'4 j,,,.,-..,.,,4 - -:.�aG- arms I 1,— �+J.-� a T�T.�s � 7 — —._.. _a� arm o i( 4--. .•.X OG........A,. 'l.:._),^..`L.4..s _ .or•rn. REFERENCE Entered L. . 3 ../• : t .-,.F , h ...M . ilomW.ul En ry. t.-pr...pt,on Piling t..--Timhe.Culture Fan,. Q . Limas awl.otherwise marital are Am:ant. . - I' R - 17 .tt lC y - y ate ' 4. 3}3.1' 1 y j ' r � q 4 Flag fD_A , is - _ -w- 4 -:- . . e, ₹1 h _ .. • ,,• i. . 'a 4 �. � 'fig - „ . �_ - k°, ..-gtti'til14- fl -;; F J 'i. a#e'" o y 1 d t ? � ` j c.-.1.1t.,. . „4,..„4.... .....,,. ...4, t S A a e t hi y i » r* .s +l ----,.. t g-,}r . 1 I n ^JJP.' { °` qd z�� i �. '; ate :.. .$,f ,....elm_.. 59 61 63 65 ■' arnplete Items 1,2.and 3.Also co z -•••..y,, Item 4 If Restricted Delivery is desired ) ' CI Agent • Print your name and address on the reverse X _t A .. - CI Addressee so that we can return the card to you. B. Received by(. �°•Name) C. Date of Delivery • Attach this card to the back of the mailpiece, t 320 N. Cedar Street or on the front if space permits. /-3 O_o D. Is delivery address different from item 1? Oyes Keenesburg, CO 80643 1. Articl Addressed to: If YES,enter deliveryaddress below: ❑No Iag d wets/0 Service eil 0 CaN9ed Mall ❑Express Mall p ❑Registered ❑Return Receipt for Merchandise /L/ ` ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) Yes 2 7003 0500 0000 8940 1478 PS Form 3811,August 2001 Domestic Return Receipt 102595-02.M-1540 320 N. Cedar Street Keenesburg, CO 80643 January 22, 2004 Betty A. Coan 28240 WCR 10 Keenesburg, CO 80643 Dear Ms. Coan: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel number 147730000003, located in Section 30, T1 N, R63W of the 6th P.M., Weld County. 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 landowners 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 included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, A 5 Ice- rt H Stoou 3C n e LocAfoAi or William H. Bell rite C,04-42,L3-rvr fret ES S S-oAt . Acknowledgement: $Ei'1y Cca,J /- go —6 4- \ '�J T print name / date signature M:\PLANNI NG\2004\Bell-let.doc N oz t 4) Ztz rt; _ - M WNetc tS l- I+E cuJZ12 ea)r (Y 14 G.c—Ss ___ a 44,4 MEMORANDUM CTO: Clerk to the Board DATE: April 2, 2004 • COLORADO FROM: Keith Meyer, Engineering Manager KI SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with William H. Bell. The appropriate documentation is attached. Enclosures pc: Don Carroll M:AFrancieAAgenda-I.doc 2004-1093 D JI J ^�r _J ge S Ei case 9o4 Name EC ►/ f \I CR vcat le i _ ,� I 5 WELD COUNTY Pth, IC W0RIQD ' • NON-EXCLUSIVE LICENSE AGREEMENT ITEMS R CUIRED FOR S1JBMIT ' I _`P/ ler< e rr t or document i�Z'd" ��.00JITI@'"lt_;TIOn proof _:c^�� I .en �r'��c_ / ICi '<�. p of an easement shall .�e provided to - '/0 -JV one ' I ocy of None xclucl"•,E LiCr=flEe Acireemi n_ for he County - a this ccume ntshall one Maintenance or 'Weld County rich' r-� / be sicned and sealed by-a Colcrado Motor/ P'4blic.. n 8 �/ :nch by 11 inch map, drawn, indicating rce of iicht t- .t - n or deeded to provide cacem whether IT Is Cedlcal�d, private,Na';/� Ent; adequate access to the parcel. v written documentation indicatine the y The applicant shall _s uapl/ adidcent landowners are aware that the section line will be used to access to your property. //! he applicant shall complete a Weld Count/ Road Access Information sheet • -/rdV The above information shall be submitted to Weld County Department of Public Works. 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