HomeMy WebLinkAbout20030117.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 47 AND AUTHORIZE
CHAIR TO SIGN -WAYNE HARSH
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 a portion of Weld County Road 47, 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 Wayne Harsh, 2252 Weld County Road 21,
Fort Lupton, Colorado 80621, 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 a portion of Weld County Road 47, 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 Wayne Harsh 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 8th day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, C�OLORADO
ATTEST: D � � a 1,,(
David E. Long, Chair
r .du I
Weld County Clerk to B 't'_iOt 4 1):I
c
e �,��� Fie. 9` Robert D asden, Pro-Te
BY:
Deputy Clerk to the Bo
. J. Geile - 1 k"
APRO ED AS TO FQR EXCUSED DATE OF SIGNING (AYE)
/� � William . Jerke
7,4j County Aftorne
C� Glenn Vaad
Date of signature:
2003-0117
ref P6,3 t _ EG0047
584
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 8thday of
January , 2003, 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 Wayne C. Harsh, as Second Party whose address is 2252 WCR
21, Ft. Lupton, Colorado 80621.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the South
/ of the SE 1/4 of Section 26, T3N, R65W, 6" P.M. Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 47 for a distance
of one mile South of WCR 30 and one-half mile West of the SE corner of Section 26, T2N, R65W,
6th P.M. and located as follows: The East 30 feet of Section 26 and the South 30 feet of Section 26,
T3N, R65W 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.
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:
111111111111111111IIII1111111111111111III11111IIII ill/ >f 4
3026584 01/24/2003 12:58P Weld County, CO
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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.
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3026584 01/24/2003 12:58P Weld County, CO
2 of 4 R 0.00 0 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.
1111111 IIIII �111111 ���� 11111111111IIIIIILL11111111111II
3026584 01/24/2003 12:58P Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
Page 3 of 4
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.
EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
BOARD OF COUNTY COMMISSIONERS
l /,�/�� COUNTY, COLORADO
ATTEST: aetlil
David E. Long, Chair (01/08/2003)
Weld County Clerk to th o. vd'
;1861.�r'4m- Q�-%
By: ,�./�_ . _�L.: . ,
Deputy Clerk to the4,'�
elNI�i
SECOND PARTY:
WAYNE C. HARSH
By: Q- 1-7)
SUBSC BED AND SWORN to before me this 3 day of re��i,Gc 12003,
KBy/, L"r heir-- -1.1r i
WITNESS my hand and official seal
STEPHENY WOOLEVER
NOTARY PUBLIC
STATE OF COLORADO
-
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3026584 0112412003 & Recorder
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Page 4 of 4
�3-6//7
Road File# 47 < SsCT:orb L 11.1
• RE: 343
Other Case No.
APPENDLX B
WELD COUNTY ROAD ACCESS INT0RM ATION SHEET
•
Date: I�- - I8-o�
Weld County Public Works Department
1111 H Street,P.O.Box 758, Greeley,CO 3063? __ s
Phone: (970)356-4000,Ext.3'750 50 Fax: (970)304-6497
VA a. .) C • Phone , 3-G E q- 39 5'•
/
1.
Applicant Name ''tr. ''`'
Address
Z Z 52 Nt...)c_rz d- t City FT L+ 'T.o ti State Co. Zip , C 1
? Address or location of access Range Section :Cr To xns'nip Black Lot
Subdivision
Weld County Road# .41 1 ; Distance from newest Side of Road��
intersection
d
3. Is there an existing access to the property? Yes 1C
No #of accesses +-
4. Proposed Use: O Industrial
:-t Permanent yet, Residential/Agricultural lturalOther
O Temporary
Subdivision O Commercial
.4...****,...*,.,*********.***,,,,,,.****.,****..*,*********.*.***.******.*.*******.****,.**.****.***
*atye****q.***7.*,****t****yt****fM*at****.,**#***'!,*********a*y***f*3.***************a*,F*,.r:%:k**t*.*MM*a uaekx#.sx
5. Site Sketch —
Legend for Access Description:
AGR = Agricultural ii • .,
,
RES = Residential
O&G= Oil&Gas \A. ` '3O '—'
D.R. = Ditch Road ..--7
O = Hcuse
= Shed or Outbuilding w -VI
, .3 4.
NI
3 3
JCL :6 ,.L
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***************************.****0 «;**wx....*...*,;***•*** '******s***w:a.*s**rw**w**........ ,...*.M **a*......r
OFFICE USE ONLY: Accidents Date
Road ADT Date Accidents Date
Road ADT
Drainage Requirement Culvert
Size Length
Special Conditions
O Installation authorized O Information Insuacient
Title:
Reviewed By: m:wpnleslenginaccs
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December 19, 2002
Ms. Gina Rockwell
438 Chestnut Way
Broomfield, CO 80020
To Whom It May Concern:
This letter is to notify all property owners using the County section line access that we
are requesting a Recorded Exemption for our parcel number 121326000014 and 15,
located in section 26, 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.
Sincer y,
Wayn Harsh
2252 WCR 21
Fort Lupton, CO 80621
)';�
Gina Rockwell
December 19, 2002
Mr. Charles Foster
30611 WCR 89
Crook, CO 80726
To Whom It May Concern:
This letter is to notify all property owners using the County section line access that we
are requesting a Recorded Exemption for our parcel number 121326000014 and 15,
located in section 26, T3N, R65W of the 6`h 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.
Sincerely,
\I
Ee Harsh
(--_,7 -----rfijL
22 WCR 21
Fort Lupton, CO 80621
Charles Foster 1 7 j
December 19, 2002
Mr. Randall Lamp
12600 Sable Blvd.
Brighton, CO 80601
To Whom It May Concern:
This letter is to notify all property owners using the County section line access that we
are requesting a Recorded Exemption for our parcel number 121326000014 and 15,
located in section 26, 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.
Sincerely,
J
e Harsh C
2252 WCR 21
Fort Lupton, CO 80621
72---sot-f 476
Randall Lamp
December 19, 2002
Ms. Rae Ann Smith
23094 WCR 30
Hudson, CO 80642
To Whom It May Concern:
This letter is to notify all property owners using the County section line access that we
are requesting a Recorded Exemption for our parcel number 121326000014 and 15,
located in section 26, 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.
Sincerely,
Wa e Hazsh C.-1ARCZSL
225 WCR 21
Fort Lupton, CO 80621
e Ann Smith
December 19, 2002
Mr. Alvin Dechant
4936 WCR 23
Fort Lupton, CO 80621
To Whom It May Concern:
This letter is to notify all property owners using the County section line access that we
are requesting a Recorded Exemption for our parcel number 121326000014 and 15,
located in section 26, 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.
Sincerely,
W yne Harsh
2252 WCR 21
Fort Lupton, CO 80621
Alvin Dechant
Rutledge associates, Ilc......do coldwell banker preferrred realty
601 So.BOWEN ST.,LONGMONT, Phone:303-684-6308
CO. 80501 Fax:303-678-1547 & 776-4704
E-mail:RUTLEDGE ASSOC @
EARTHLINK.NET
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MEMORANDUM t ,s:
CTO: Clerk to the Board DATE: January 3, 2003
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer,
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's January 8th agenda:
Nonexclusive License Agreement for the Upgrade and Maintenance of
Weld County Right-of-way with Wayne C. Harsh
The appropriate documentation is attached.
Enclosures
pc: Don Carroll, Engineering Administrator
M:\W PFILES\Francie\AGENDA.wpd
2003-0117
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