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Home My WebLink About20040398.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF RIGHT-OF-WAY ON WCR 106 AND AUTHORIZE CHAIR TO SIGN- DON AND BECKY SMITH 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 106 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 Don and Becky Smith, 8419 Never Summer Circle, Fort Collins, Colorado 80528, 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 106 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 Don and Becky Smith 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 March, A.D., 2004. BOARD OF COUNTY COMMISSIONERS / ,' COUNTY,C COLORADO �ild/� ATTEST: /� `�� \1{I�.`�(\�-` I� �-.• '� Robert D. Masden, Chair Weld County Clerk tot •3 ��,,p William H. J ,-Pro-Tem BY: � , ��G� Deputy Clerk to the Bo: M. J. Geile OV AST • EXCUSED Davi . Lon unty Attorn y /,/24 _424*--419 Glenn Vaad Date of signature: —34 2004-0398 EG0050 RA), CC : I RA), /7h-/ O3- v 889 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 ,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 Don T. Smith and Becky Smith,as Second Party whose address is 8419 Never Summer Circle, Ft. Collins, CO 80528. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Parcel #045310000004/ S %2 SW1/4, Section 10, Township 9 North , Range 67 West of the 6`° P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR106 for a distance of one mile east of WCR 17 and located as follows: 30' feet of right-of-way on the south side of the section line between Sections 9 and 16 in Township 9 North,Ragne 67West, 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. 1111111 11111 11111 11111 11111I I11111111 I I 111111 I I I I V I I I 3161889 03/15/2004 03:08P Weld County, CO 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder 0,2OO i C394' 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. 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. 1111111111111111111111111111 MUCH HIIID O 3161889 03/15/2004 03:0BP Weld County, CO 2 of 4 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. 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. IIIIIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIII 3161889 03/16/2004 03:08P 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 WEL CO � ��LOY '►%a�r` E ATTEST: Clerk t e o dit a�,� / �� 7 v"\ c j 4: ?a g By: - � ._ ��! � :_o�..‘24�1 By: Deputy Clerk t � Robert D. Masden , Chair ' te.� MAR 0 3 2004 SECOND PARTY: r_. By: Title: tto'()fl_.Q�' SUBSCRIBED AND SWORN to before me this IF 4t'day of in..w r 7 20p'-i, By Do n T. Sn.;t-k / R.ckr t,. Sdi k WITNESS my hand and official seal CM \N\ 51-KLA 1\ \ rep°S°°°°°S...... Naotary, Public r ••GSA% NOt '.e% My commission expires: s yt A x,44 a: G My Commission Expires March 23. 2004 en\ ®C IC m:\wpfileslagreemnt\non-exclusive\nonexclusive-form.agr.wpd ; 6%. updated 11/2001 A,' . . � 11111111111111111111111111111 III 1111111 III 11111 IIII IIII 3161889 03/16/2004 03:08P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6'0C4' z' 9f' 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 Road File#: Date: RE# : Other Case#: i 1. Applicant Name NY\ i• + p ,Decay L. Phone 970- 647- 4"/&'6' Address 31(14 Neat." S,.w.w►.r. t G.rc„le City w-t. Colf;ns State to Zip eosa8 2. Address or Location of Access S tea S w lit (IL. 4'451i/53/boy ) Section [Q Township Q N Range 4,7l._ Subdivision Block Lot Weld County Road#: /7 Side of Road E4s`4 Distance from nearest intersection I AI;le f/- 3. Is there an existing access(es)to the property? Yes No )( #of Accesses_ 4. Proposed Use: A Permanent Ni Residential/Agricultural ❑ Industrial 0 Temporary ❑ Subdivision 0 Commercial ❑ Other 5. Site Sketch . L____ COUNTY ROAD, 1 Legend for Access Description: 71: nAG = Agricultural 0 RES = Residential z H O&G = Oil &Gas ' D.R. Ditch Road • �cc'Ficn o O = House 10 d O =• Shed A = Proposed Access .. A = Existing Access 5%SWyy 101O s".1-, 4 4 NI 0-, COUNTY ROAD fb North • 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: January 17, 2004 COPY State of Colorado Land Board Attn. Bill Killip 1313 Sherman St. Room 620 Denver, CO 80203 To Whom It May Concern: This letter is to notify all property owners using the County section line access,that we are requesting a Non-Exclusive Right-Of-Way for our parcel: S1/2SW1/4,located in section 10, T9N, R67W of the 6th P.M.,Weld County Colorado. When it is granted, we will be building another residence on the parcel. The reason for this notification is that it will add another residence sharing the access road, and Weld County Public Works requires that all landowners be notified. Sincerely, Don T. & Becky L. Smith "7- 8419 Never Summer Circle Ft. Collins, Colorado 80528 /ele.- G' (970) 667-4568 January 17, 2004 Thomas Varra COPY 9080 WCR 102 Nunn, CO 80648 To Whom It May Concern: This letter is to notify all property owners using the County section line access,that we are requesting a Non-Exclusive Right-Of-Way for our parcel: S1/25W1/4, located in section 10,T9N,R67W of the 6th P.M.,Weld County Colorado. When it is granted, we will be building another residence on the parcel. The reason for this notification is that it will add another residence sharing the access road, and Weld County Public Works requires that all landowners be notified. Sincerely, .i' D . &Becky L. Smith 8419 Never Summer Circle Ft. Collins, Colorado 80528 (970) 667-4568 • January 17, 2004 Patrick D. Malone COPY %Malone Real Estate P.O. Box 15 Kahoka, MO 63445 To Whom It May Concern: This letter is to notify all property owners using the County section line access,that we are requesting a Non-Exclusive Right-Of-Way for our parcel: S1/2SW1/4, located in section 10,T9N, R67W of the 6th P.M., Weld County Colorado. When it is granted, we will be building another residence on the parcel. The reason for this notification is that it will add another residence sharing the access road,and Weld County Public Works requires that all landowners be notified. Sincerely, C /� / i Don T. &Becky L. Smith 8419 Never Summer Circle Ft. Collins, Colorado 80528 (970)667-4568 • U.S. Postal Service,r., r, CERTIFIED MAILT,., RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) _nF•r•elivery inf•rmati•nvisit•urwe•site at www.us.s.c•mr.: m rq co IAL US E pester $ 0.37 UNIT ID: 0102 S Certified Fes 2 r' /it- 0 P__, Return Redept Fes 1. 3 p (Endorsement Required) z p Restricted Delivery Fes en.CltDc: KM •.n (Endowment neve° -aa N Co ru ru Total Postage&Fees $ 4•'•� 0l�l�' Qr�,�V� ,/° Ill CI t GSA !r o r POBox No ter.sere,ZIP*4 k / j 6 3ii`S25 • • SF rm 3�,4Jane2„ See averse lr lnstructins U.S. Postal Service,. ,q z * "' CERTIFIED MAILTM RECEIPT s (Domestic Mail Only;No Insurance Coverage Provided) ).;;;41.1', rJ .L y ' ,,,,A H' -...4-4,-Y2.st levy ii`` z 4,eat '. ' , {' m R 1;_11 l-�:e,�v�i • ,.t- �y' gg 3� ' ;a 4 �N3 , s k`sr�sy rt v y.yy"'Syi��cv 3 >�i " e f 0201 7.a 'ir+' S am ti.� K � n ti v." ." as 4Sl N peeve $ 0.37 UNIT ID: 0102 ilai � l t r x � to n , o certified Fee 2.30 in. 3 err !m1a es ate+ t ° RaWentRodent Required) 1• .• (6,doreement Required) a � 3t °•... t , ?it' p Retitled Delivery Fee KCS 4 g` ,� , t r •q �.. —I- (emonxnenoRevutred) N 4.t. 01 N Total Postage 6 Fe.. $ •(i /fig m ATP- 1 ��• 1 /'� I .(-.. if!/-•-- p Jy4R.op vhoruc/D li44' '" I- gentNa' (3/3 SMetint4.51• ,c�� Sao or POaox No. City,State, ZI ,^ . O graao3 U.S. Postal Service,,., D CERTIFIED MAILTM RECEIPT to (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.uape.00m+o c , CIAL USE H r cF Poets $ 0.37 UNIT ID: 0102 oCertified Fee 2.30 PLO pO Return Redept Fee 1.75 yt�am " CO (Endorsementoevwv Required) ' 1er#'Y4YCSIK9 0 I. .JJ (Endorsement Required)Fes O3. N I rru u Total Po tags s Fern $ 4.42 KnO/04‘44, Pi Sant To.-1iv , ' r Throw. ` yo g0 C�Ca�Q/D' crry,sure.LDI yo _ a MEMORANDUM r. 119 € TO: Clerk to the Board DATE: January29, 2004 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Item for Agenda Please submit the enclosed items for the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Don T. and Becky Smith The appropriate documentation is enclosed Enclosures pc: Don Carroll, Public Works M:\FRANCIE\AG ENDA-DonC 2004-0398 Hello