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Home My WebLink About20040200.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - JOEL AND ANGELA RITCHEY 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 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 Joel and Angela Ritchey,22227 Weld County Road 30, Hudson, Colorado 80642, 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 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 Joel and Angela Ritchey 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 12th day of January, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO ATTEST: ategil Robert D. Ma n, Chair Weld County Clerk to :, Btgn . w1E�`�1� 2t. �j William H. rke, Pro-Tem Deputy Clerk to the r'¢"/N I% 127 ia-t/ M eile APP AS TO • Davi E. Lon unt Attorn y // Glenn Vaa Date of signature: 2004-0200 EG0050 m: PL, Rti >iielcc, FirGjoy 460 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 �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 Joel Ritchey and Angela Ritchey, as Second Party whose address is 22227 WCR 30, Hudson, CO 80642. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at the south'A, SE 'A,Section 23,Township 3 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 47 for a distance of /<mile north of WCR 30 and located as follows: 60 feet of right-of-way between Sections 23 and 24, Township 3 North, Range 65 West in the 6th PM, 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. -11111111111111111111111111IIIIMEINFIEIIII 3148460 01/28/2004 11:28A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner s 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 - I IMO 11111 11111 IIII� 1111111 IIII IIIIII III VIII II'I II'I 3148460 01/28/2004 11:28A 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. 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. IIIIIII "IIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIII'I'IIIIIIIII 3148460 01/28/2004 11:28A 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-C-O NTY, COLORADO ATTEST: ELM i 1 ' Weld County Clerk to t B' an � By. W By: _1\41 ---- Deputy Clerk to t Robert D. Masden, Chair JAN 1 2 2004 SECOND PARTY: JOEL RITCHEY ANGELA RITCHEY By: Ji6�/ By: SUBSCRIBED AND SWORN to before me this R(42 day of ITeCPmber , 2003, By loft of irher t 0 hylo t 1-d% WITNESS my hand and official seal . �� Notary Public My commission expires: rGl � ( Qo05 e1'Or., `-t ; pc: RE-3626 7 'A(/ ‘q..4.10`) F'••.. BL WCR 47 file Or. •p`OP M:\W PFI LES\AGREEMNT\Non-exclusive\Ritchey-agr.doc 4 1101 11111 11111 HIE 111111111 III 11111 IM IIII 3148460 01/28/2004 11:28A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder ,7ery-G, Cn Road File#: 4 5 • C. Date: (2--/G• -0� RE#: 3"17._(1 Other Case#: 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 1. Applicant Name JOEL'. e /)E/.il;-.' I rl -re KC-c/ Phone3O3 Sag '//64 Address 22_2_ 2_-7 WC' SO City gizosoN State Co. ZipfloG 5'Z 2. Address or Location of Access S K2 SE A/ Section -23 Township.,31V Range eSW Subdivision Block Lot Weld County Road#: 0 Side of Road Woe fP Distance from nearest intersection/3OO ci 3. Is there an existing access to the property? Yes V No #of Accesses f! 4. Proposed Use: U Permanent le Residential/Agricultural ❑ Industrial Li Temporary U Subdivision U Commercial ❑ Other 5. Site Sketch Legend for Access Description: n e 11�'R y7 Dots Nor AG = Residential Agricultural co RES = Residential O&G = Oil&Gas 1_L/on D.R. = Ditch Road = House O = Shed ,23 NT _23 s-es B A (3O'SFG-Tiond NE 0 sAsCAl v-r[---OsieEeS-PV4/10; Fc OFFICE USE ONLY: Road e./7 S L. ADT G6 Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: CERTIFICATE OF CONVEYANCES WELD COUNTY -7- 22227 WCR 30 Hudson, CO 80642 (307)536-4166 December 18, 2003 Russell Gurtler 7538 WCR 49 Hudson, CO 80642 Dear Mr. Gurtler: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel number 121323000018, located in Section 23, T3N, R65W 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, Joel RitcheyOte Angela Ritchey _46 Acknowledgement: 75 e// 6,4l / /fi1 print name signs pc: RE-3726 M:\PLANNING\Ritchey-let.doc • - LOW NS IV ;_. _:` RANGE ..6.6.... �llk. I i I �`\ l;Ia 7-754117 all,- l'. x • ��\`\\\ (_ �"pr „,,I _ J/ [pI l'' az m �•' -6 w \ . \ 112 L, ) IT 6 ! i1 a eD a �� il-34W w_ wv� -- ..a °�, — MkLF6N ES ERV0FRI;�j J�, " — I • {y' {j{ P 4\4 J// 13 Nla,, 17',.;-. ' " "'--I-6-; µ k6 ,- II , 4 `-1 ' s ,- k\, \';'::.,:1/47-(.‘„‘ .\;:,./,2:1 .---tI'ry s� Z.6 24 19 2! f (r�� 22_a ./-vreI!. 23 24 • 19 26. 1 d0. T9 �'• '. Pd 27,, ;,,,,,,a-,11,: j 7( IlfffI 8 29' 30 36lil - i- 31 3P. 31 4 j li ,.. ..::.:;.:, 'r [ - .T - :ft; '''',./ '",,:.': .-, . ' . Il '.. ¢is t i Q W (Y nr•e 6..r-- Sum— /' .yip -r zr- .a . _a, F 1 W V t`S � T} ., S rq . ` Yaf'rfir .4• .r ..6 ✓ , ii a k t^flTMi fic r: i {'F++,.,{(may 1-1B Z • `J L « r k 1 f to—. -If' i1 gyp . . 3 i., 41' , era 19 -v II I . r I .. # x3S - 20 . Y' 33 i :V.a. BYw LCgi7I�.. ,�t.. Wim y P ' K .h'Sn, t �: • , krr104 � ilk . , t• 35 � �, 1 r ; �-.�. Z ratet;"*. MEMORANDUM TO: Chris Gathman, Planner II DATE: 12/18/2003 Wilk FROM: Donald Carroll, Engineering Administrator COLORADO SUBJECT: RE-3726, Joel &Angela Ritchey The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 47 is designated on the Weld County Road Classification Plan (FHU) as a section line road. There is presently a 60-foot right-of-way. The road is NOT maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR 30 is designated on the Weld County Road Classification Plan (FHU) as a local paved road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way. pc: RE-3726 M:\PLANNING\RE-15.DOC 444}t't MEMORANDUM CTO: Clerk to the Board DATE: January 7, 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 Joel Ritchey and Angela Ritchey - The appropriate documentation is enclosed Enclosures pc: Don Carroll, Public Works M:\F RA N C I E\A G E N D A-Don C 2004-0200 Hello