The URL can be used to link to this page

Browse Search

Home My WebLink About20041595.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WCR 16 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - GARY AND MHARI PESCHEL 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 Upgrade and Maintenance of Weld County Road 16 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 Gary and Mhari Peschel, 10220 Weld County Road 1, Longmont,Colorado 80504,commencing May 19,2004,with further 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 LicenseAgreementfor Upgrade and Maintenance of Weld County Road 16 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 Gary and Mhari Peschel, 10220 Weld County Road 1, Longmont, Colorado 80504, 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 14th day of June, A.D., 2004, nunc pro tunc May 19, 2004. BOARD OF COUNTY COMMISSIONERS EL�� WEL COUNTY, COLpLORADO & 'V1,� Robert D. Masden, Chair Clerk to the Board FFI -7-1/pp �i William H. J ke, Pro-Tem try Deputy Clerk to the Board M. J. ile P P12- ED AS0141 C(Th David E. Long unty Attorne EXCUSED Glenn Vaad Date of signature: I, .. 11/-O 2004-1595 EG0050 14: fl', ,4?c F}PPe_ ©E-Oh'-oy Kit MEMORANDUM F,• , r "ligCTO: Clerk to the Board DATE: June 2, 2004 • COLORADO FROM: Keith Meyer, Engineering Manager - SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of- Way with Gary G. Peschel and Mhari M. Peschel The appropriate documentation is attached. Enclosures pc: Donald Carroll, Public Works Engineering Administrator RE-3808 RE-3791 M:AFrancieAAgenda-I.doc 2004-1595 FAX Case -; ��-a ,,, � C E-I L Name __S 1 5 E • WCR Location [4, I ��-- --- NON-EXCLUSIVE LICENSE AGREEMENT ITEMS REQUIRED FOR SUBMITTAL • ,c,/ Clerk to.the Board) or document �-�`�� (�ocvmentarion of �rc.oTo�Qight-of-Nay � artmenT of Public Works.of an easement snail be provided to the Dep /,,-("04 One ;1.) copy of Non-exclusive License Agreement for the Upgrade and Main tenance of Weld County Right-or-way. This document shall be sinned and sealed by a Colorado Notary Public. 3 34-c �;n 8 Y inch by 11 inch map, drawn, indicating type of right-of- fr way/easement, whether it is dedicated, private, or deeded to provide adequate access to the parcel. I, The The applicant shall supply written documentation indicating the • ad;acent landowners are aware that the section line will be used to access to your property. `IThe oppiicant shell complete a Weld County Road Access Information • sheet. • • '! The above information shall be submitted to Weld County Department of Public Works. • • • M.^.WPriL .DON-C\Subcidist.wpct NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this )qy of /*4.y ,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 Gary G. Peschel and Mhari M. Peschel, as Second Party whose address is 10220 WCR 1, Longmont, CO 80504. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the SE 1/4 and SE 1/4 of the NE 1/4 of Section 25, Township 2 North, Range 66 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 16 for a distance of h mile east of WCR 37 and located as follows: 60' of right-of-way between Sections 25 and 36, Township 2 North, Range 66 West in 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. 1 11111111111111111111111IIII111111111111III11111 IIII �II� 3191922 06/23/2004 11:23A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder aD0 y-/.59$ 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. 11111111111111111X11111 /III 111111 111111 III 11111 III//III 3191922 06/23/2004 11:23A Weld County, CO 2 of 4 R 0.00 D 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 11111111111 11111 Ju 111 Jill IIIIII 111111 III 11111 JIII 3191922 06/23/2004 11:23A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: Elida ATTEST: 1A}tedifil► `'OARD OF COUNTY COMMISSIONERS 1861 1 ' O ELD COUNTY, COLORADO Weld County Clerk to the B By: BY 0) Deputy Clerk Robert D. Masden, Chair JUN 1 4 2004 SECOND PARTY: GARY G. PESCHEL MHARI M. PESCHEL By: i �G63tiL4 By i SUBSCRIBED AND SWORN to before me this /' day of P9 Ay , 20 0 if By Js'ra co Z._ WITNESS my hand and official seal Notary Public My commission expires: _�R, p `x" • i WENDELL M:\WPFILES\AGREEMN71Non-exclusive\Peschel.doc ; WALKER !Cf ' • 14 QQi 1'`xE.UF.CO‘._: s&,r„ry,N1,40I00I 4 I 1111111111111111111111111111111111 III 11111IIIItill 3191922 06/23/2004 11:23A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder : c,ei- /595 • Toxnship Yo-_z_ of Raftge O. 1 Vest of the 6lh Principal Xeridia?a_ hi ' I 1 I ..; % i 1 1 V ✓ I 1 I t I I - k 11 9 1O 17 � .. 4 1 1 I 1 I i I • da � • , ✓ 1 - - I 1-7 I 16 ( - 16 14 - 13 * 61 ) 1 I 1 F 1 4 1 r ; I } I 1 'I' 4. I 1. I s . • • ! I I 1 E ,Y. I t i s - g T 26_. 1--- _.. as _ 28 I I i c : , I I. 1 • it I 1 !' TI 1 I: — �1 ._ ,�.7.,...._.,..i.,; ____,.., w. .•-of . - , I I r ...,,,,,_..„... ....___ ••I 1il o. • y, 1 1 I i `, F f , I • k . I _..... w,o.w. ^t.::'.-s / ►---mt.nxl land. '''• ♦—Ro./..tand Flair!. IS—Plat-eaaili.01,14,h ea L--Timber 1'.Itum F.ntry is •.1:.- ?. La. 1 .•L other.Ise,osrke4 are w reu,.. 1-, -. ,f u ? . 4Vin_ . wa =."'- kSkr- Road File# 37 RE: sib 5 i Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: I- a-)--a V 1111 ti Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Gary and Mhari Peschel Phone (303)682-1141 Address 10220 WCR 1 City Longmont State CO Zip 80504 2. Address or location of access 17953 WCR 16 Section 25 Township 2N Range 66W Subdivision Block Lot Weld County Road #"I6" and 3/ Side of Road N & W Distance from nearest intersection SE Corner of property is at"16" &3 3. Is there an existing access to the property? Yes X No__ riot accesses 4. Proposed Use: IN Permanent E Residential/Agricultural ❑ Industrial 0 Temporary ❑ Subdivision ❑ Commercial O Other 5. Site Sketch Legend for Access Description: AG = Agricultural I 411 , RES. = Residential _ O&G,= Oil&Gas D.R. = Ditch Road NOTE: Please see attached conceptual RE map Approximate Parcel Locatioe for more detailed information. Existing Access O/G Existing Access O/G Proposed Access Lot B C'• 3 Existing Access Lot A 6 seas " U 'e xis Access '"") 7 ' `' ********r************************a*** r**.►********** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions uoUFa-.. Luc.. were- I(a SE-T1Oa LI 0€s. ACCf'SS ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 41 s11 I ; -- lt a I I.4 \\\)? "4. ' \a F»f't • _V `� k i 34 YS yv f > 4 aY °i ,>r� ,, ' ' x. ': � iy aF , f. a�.. ',in j ,<c k `�:+., t t 3xi Q .+ E,..•,�_ g .�ii *Yx e X � �.�.� `.., i 3 '- c F v L xaffise 1 T vvwia ,�i ,• n y, u�pgt8 e-•',� yet., \�\ `� "' .. \; ,, rF gyp; Fit,i ... , , / ' , .�' %Y. n al yu r W 3 `f.+.,, A ,'.I A 411, # /� i «nz.,.? ]ttKn �3 � S .i � i GI? in — , • Jan 22 04 07: 19a Todd Hodges Design, LLC 970-613-8775 p. 2 12/20/2003 12:37 3037764355 FLATIRONS LONGMONT PAGE 02 PROPOSED RECORDED EXEMPTION y K • Y M 11 K 1 fs, 1335.70 �'`"ti,: ANN 6ATTER( j ;r,.,? 0 NEATER A\ Nth y'T4.11, E •�1k15 H t'L f� 1.440,09)- s n e y��tiX4. R .;lIIR7 a _... i III i 'IUl ii* m_ f +,,y,,"A o 133 / NORTH uNE X,/:\\ •.. . _ t;I,'ROAD�IJ/ '£ D R%'' _��' C.OAD`f.' PROPOSED 1M C §8 „ 101.67 ACRlS * TANK sus ` ita# a DIRT ROAD ai ��•.: :; • .`II, 'gyp 1, -" ! EAD # < 2 : y�\1A1. DIRT ROAD kel1"_ PROPOSED� OS 45 `'Qe ( t.1.. BATTERY +r• .t' ...s. '.:t.:. NEATER 'AD 1'�>+ • .f.' D - asy._:n. A 6 ACRES t APPROXIMATE LOCATION EXRTINa ` 1E DITCH ESIDENC SHEDS ' p ACCESS W LD COUARY 016 TIVRDRIG9a EXISTING EM �NS R CTED HIS f. Y+ � ITtGRESIDENCE Nit. (NOiCONSTRUCTED THIS AR SPEICR GNAL` 1 67}9 2T-Mt 2656.47' - AEXISTING CCESS SCALE: 1"=500' DRAWN BY: ,i °I i, Flatirons 0 250 500 1000 N. NELEHR �h Surveying, Inc ow �IIIII A DAT£. ) 655 F R1N 9Y1:NUE DECEMBER 0, 2003 LONGMONT, CO 80501 A VICINITY MAP WILL BE PROVIDED ON THE FSI JO: NO. PHONE. (303) 776-1733 RECORDED EXEMPTION PLAT FAX: (303) 776-4,355 03-4:,197 www.Rvtsurv.tom / a I. _ /°- 9- /it? kh 4,2 . y /6 .-07 &O gilt/ ,' ,�a?I< kkt ,t °f s f s ₹ xb r� � 5 /- 2-4-,-,7:7.7-.-4,-,c,-It - ff �d , f'' rg .. ` • ¢ I 1 y, s a i? k 1 ) #. -- _ ab"I 2.4 l�€ "* a �- ' • , e ' �� a mi''`l .'' _ I ,. ,t- k . h { 1 j yr. .1 if ' ;a P. : ' Li 1� it t :. i x ; n } i Pi `0 y I ri - ii i' '� ' ; t �f , }fin} a • . � yy. ,ff 1 �, Paragon Farms, LLC Gary and Mhari Peschel 10220 WCR 1 Longmont, CO 80504 303 682-1141 or 956-1141 April 27, 2004 Ms. Elizabeth Shafer 10904 Verna Lane Northglenn, CO 80234 Dear Ms. Shafer: This letter is to inform all property owners using the County Section Line (WCR 16) access of our request for a Recorded Exemption for our property (County Parcel Number 1309 25 000011). Our property is located in Section 25, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado. We have received conditional approval of our Recorded Exemption application. This application will allow each of the two residences on our single parcel to be on separate legal parcels. A third parcel will be created. This third parcel will access from Weld County Road 37. The reason for this norification is that Weld County Public Works requires that all adjacent landowners be notified. Please acknowledge that you have been notified of the proposed Recorded Exemption, and plans for the property by signing and returning this letter. We have included a self- addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Very truly yours, Gary . Peschel M ri M. Pesch Acknowledgement: L a 7 ?tb m. Si e Cy r 1 print name / date signat pc: RE-3791 Hello