The URL can be used to link to this page

Browse Search

Home My WebLink About20031870.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 69 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - MARK MAGNUSON 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 69, 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 Mark Magnuson, 3406 West 6th Street, Greeley, Colorado 80634, 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 69, 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 Mark Magnuson, 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 21st day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS A �J �/�� WEL5�SOU,N1 COLORADO ( ATTEST: Lie/ d ��^71 David E. Long, Chair Weld�lty Clerk to the Board EXCUSED Robert D. sden, Pro-Tem `.., Iasi ( � ; 1��• the Board M. . e e William H. Jerks 'ounty Attorne EXCUSED Glenn Vaad Date of signature: ' -%5- C-5" 2003-1870 EG0047 C(' P� NJ/ APPL NONEXCLUSIVE LICENSE AGREEMENT FOR THE 66o UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this day of tg 3 co , 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 Mark Magnuson, as Second Party whose address is 3406 West 6th Street, Greeley, Colorado 80634. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located in the north 'V2 of the northwest ''/ of Section 14, T7N, R63W of the 6th P.M. in Weld County, Colorado and WHEREAS, First Party is the owner of the right-of-way known as WCR 69 for a distance of one mile north of WCR 80 and located as follows: 60 feet of right-of-way between Sections 14 and 15,T7N,R63W of the 6`h 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 - 111111 IIIII VII 1111111 III IIIIIII I'llll M111311 IIII I'll 3096560 08/18/2003 12:09P Weld County, CO 1 of 11 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 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. -111 111111111 1111111 III 1111111 1111 11 III 11111 1111 I'll 3096560 08/18/2003 12:09P Weld County, CO 2 of 11 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. 3 IIIIII IIIII IIII 1111111 III IIIIIII 111111 III IIIII IIII IIII 3096560 08/18/2003 12:09P Weld County CO 3 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 :. : IE/& �` ATTEST: Clerk to the Board By: /�i.. ��I1. O f♦i By: Z11 Deputy Clerk �, ` David E. Long, Ch 'r JUL 2 1 2003 y(1O NI SECOND PARTY: MARK MAGNUSON By: ✓J��_ SUBS $JBED AND SWORN to before me this aday of :)U/Uef , 21O3, By //Z 4GC "1445 WITNESS my hand and official seal /�^// bpi G a �03[y�s+�ii do's _t. Notary Public My cdtnliplis a i o ifes De-764,67, /g 2 hzis iinllu itii0-1 M:\W PFILES\AGREEMNT\Non-exclusive\MAGN USON.doc 4 1 111111 VIII IIII 1111111 III 1111111111111 III VIII IIII IIII 3096560 08/18/2003 12:09P Weld County, CO 4 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ,,?oC 3-fne 3, • tr s • I� _ ' t 3 i 1.r' f x- . `x'r • - - = YES - • . .fir, A 'e,,.* 'i, '45t...IAix3»sI xe . " 4/ wt` ,: " Tf . :4:7,-* • 4,-,‘,,,,.- µ„ xi t1 .e s Jd” . s•' 1 f" x ••,, ••;„,.,;,.......,1,-,:••.,-,:r,",,,,, A *. .,:;r:t .Ni.:;) s..; h .'i'4,3 it py# 9 .4,.....— /`,-7.,..:7.,:t:.t,, C �. �, 1 ; , I. ,f.,F R{ Ps n �, Y 'ma•y.. £ • '� y ` : aYy�a,3'' " '�r� A •Mai "r'! ',ILIA':�4e°ncs `.eti w i�i may^#.&`e„' " of rP.'.s" _-_n 4 -• -•,:•.:,:,,. 47,z.,-,:4•4 ..r.s, `eg {e.. .4 yf.6 + %'_ ,;,,,,2•":7,% r ,;, :, , &.,S 7, Q su r `y" - j"... 6+c y'�11 i e x,;,.-:-.V..41 ,i,..1.41:•:•• s • x . a ' x+gr * �P+ ° { x, itfaA.. AY wy F#, ., t • z < I .�., 'x '. I >�fi a *et 't'ec is tx T h ? Y xx i iF .--:::1,':-:-:"4,•::;;:g1::::;:-.';:':',;:: pY ' t r t I "h y 3 P� 4 f t r� s'i '�"^.'.,•� = I ^4 I � l'�, ,g'�ySep� s '� y f j� � r Y y ;tis x x' ' � r u • •i i i. ..` • rJJ' 3a �7 } • _,'r_ I 111111 11111 1111 1111111 III 1111111 111111 III VIII Illljllll ' 3096560 08/18/2003 12:09P Weld County, — ...........___,C9 Order Declaring all Section and Township lines on the Public Domain of the United States in Weld County, to be Public highways, etc., passed by the Board of County Commissioners October 1?, 1889. • WHEREAS, Section 2477 of.the Revised Statutes of the United States provides: "The right of way for the construction of highways over public lands not reserved for public uses is hereby granted," and • WHEREAS, by virtue of art act of the General Assembly of the State of Colorado, entitled: "An Act to Amend Section 4 of Chapter 95 of the General Statutes of the State of Colorado entitled, 'Roads and Highways,' approved April 7, 1885, it is provided, "The Commissioners of the County may at any regular meeting by an order of the Board declare any section or township line on the public domain a public highway, and on and after the date of-such'order, it shall be attested by the Clerk, under the seal of the County, and recorded in the office of the Recorder of Deeds. The road so laid out shall be a public highway,"and WHEREAS,the public interests require that there be public highways on all section and township lines on the United States public domain, within the limits of the County of Weld. IT IS HEREBY ORDERED,by the Board of County Commissioners of the County of Weld.that all section and township lines on the public domain of the United States,within the County of Weld and State of Colorado, to wit: In townships 7, 8, 9, 10, and 11 north in ranges 56, 57, 58, 59, and 60 west of the sixth principal meridian; townships 1, 2, 3. 4, 5, 6, 7, 8, 9, 10, and 11 north in ranges 61, 62, 63, 64, 65, 66, and 67 west of the sixth principal meridian; and townships 1, 2, 3, and 4 north in range 68 west of the sixth principal meridian; and in sections 19 to 36, inclusive, in township 12 north in ranges 56 to 67, inclusive,west of the sixth principal meridian, be, and the same hereby are, declared to be the center of public highways or County roads, which said roads shall be and hereby are declared to be roads 60 feet wide, being 30 feet on each side of said section and township lines, and oc BE IT FURTHER ORDERED, that a duly certified transcript of the order and action of this o,� Board concerning said public highways, duly attested by the Clerk to the Board under the seal of the County of Weld,shall be forthwith prepared and recorded in the office of the County Clerk and Recorder v of Deeds of Weld County, Colorado, and BE IT FURTHER ORDERED,that the County Clerk and Recorder of Weld County,Colorado, =3! be, and he is hereby instructed when said certified order is so recorded, to prepare three certified transcripts of such recorded order, one of which transcripts shall be mailed by him, by registered letter, to the Honorable United States Surveyor General for the State of Colorado; another to the Honorable Register and Receiver of the Land Office at Denver, Colorado, and another to the Honorable c Commissioner of the General Land Office at Washington, D.C.,and that said County Clerk and Recorder 8 e shall make report of his acts and doings hereunder at the next meeting of this Board. ml=m 0 T C co cc On the first day of the next session of said Board of County Commissioners, to wit, on the 6th `o day of November, A.D.. 1889, the County Clerk of Weld County reported of his acts and doings under the above order to the effect that he had duly executed the order of the Board above specified in detail. =al!, /? c.- . 7 M:1CTBICTBFORMSIRE 1889 / — — 100/837 Co. RD. 69 see County Clerk and Recorder Book 658 page 148 6/21/1928 Petition to open road: Com- mencing NE corner Sec 27 T 9 R 63; South 14 miles. Viewers appointed. see Book 19 page 415 7/14/1928 Viewers report approved; declared public highway. see Book 19 page 426 1/19/1944 Petition protesting closing of road on West side Sec's 11,14,23,26 and 35 and re- quest same declared open. • 2/7/1944 Letter to landowners ordering removal of gates that closed above road.. ¶ $ L \" I / `ice„ _n_1 . .__ . �- • •\ t. ' „ " „ El y.. i . L F • I .2'-.2. ° \ ri. n . . . I .2../. , .. 1 111111 111111 IIII 1111111 III 1111111111111 III 1111411 1111 3096560 08/18/2003 12:09P Weld County, CO 7 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • :i ` "'^ iv 11 RAtIGE c3 1 .rte • Ir 1 i; . . __ • k • ,.I • 3I �t I' .pcS I • 6 '`i: ( s. I.I '! 4 4 3 •. . : .. 2 \ i; �I f 6 • A' !z - i__,..„:„.,-=...::::::•:-..==7.. :, -_ its. 1 � ... 1'2 \' le I• 9 10 YI . -I i \t2 II ` ? • et 13 I7 • l b: 16. IS', I4 a 13 rr.: 18 I I h .- I, - -----' '-'-- - - I asit 7,r- -'-"'aUT aaa c ass 1�e"-- -!rte ;.•. i— It rl il rI '.. I 1a f r^ a I1 rr i: Ir 24 i 4;ri::;.,.w y Ir 1119. 2� 19 ' 20 . . i i• '.21 It: 22 'I 23 L. . .. ,, • • li tS • I Y/1,y^• ^5 30 t i 30 �9 I I 2B' . • 16 y�. . 27 j• it. 2�y% I II It It l t 7s J" S II F ii • ft .ii !' jf ' x136 t1 31 . . II33 ' 34l. 36 t: 1. :'...\'.— h1 w.- Srlit.i .'�' , l WT. l,, Asa`.• r f! ••Z'aM• 7SS•0`+O�I,1r/S1"�.� — '`` � jjII hh 11 f (gyp 4:'w IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII - 3096560 08/18/2003 12:09P Weld County, CO 8 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder • %ownshil; Alo. , of flange }il. . ..'iresl of the lily Pr nr pol Yei•r/irin. s '-lcrw>u . 1' F I.41 # t • I I i I I i, t: r ii: ': z:z • • R II i �, 1 \ 1 t I , 1.8 II 17 I j 16 15 '1:- 14 " [{ 13 .•-- - II 1 I � I I �, I, : i Ii' • I .._ • ''II t 19 I 20 r' 21 ". .. ..22 23 ,I : 24 A a t •* I ! LI j f".".-- � • ' I. r I • 25 • 30 "29 1... 2g ;•. 27 ;.. -26- 3•I h' • • 1 ,` •31q 32r. JLLiJ tiis • ti..P.eseral t:e.dw I,.-lloe tott.l Eu„•• r. V.. ..Oita 1.11.L.:. t. '19ad.V Culture Idl.lry. Lamle',not etl.a,fl i.iva 4 w_e vawel. 1 ..41 ••• IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII . D 3096560 08/18/2003 12:09P Weld County, CO 9 of 11 R 0.00 D 0.00 Steve Moreno Clerk & Recorder (•a At tb.cc0T L-A*+ooWN ex. S = D 4- ,{-o i U.S. Postal Service,. ��Y RAGP�/ eat Al 4 ti r CERTIFIED MAIL.,, RECEIPT m m (Domestic Mail Only;No Insurance Coverage Provided) — O - �� W� '••�o fi For delivery information visit our website at www.usps.coma �a `o 4 Q S BR D E 0 1°' B41 44 30 ECO GYo// c -3 CD Postage $ 0.37 UyF ID: * 07/3/3/5/0000/7 0 Certified Fee �l y2. c, mar o o Z O o Realm fl,ieyt FeeC.1 rerk co —r 00 (Endorsement Required) a~ a•, o Restricted Delivery Fee r : K —G C & /_v/ k//e�/)fC m (Endaraemem Required) L•S '•L•) O O y Gw /� Total Postage&Fees $ 2•b7 _=65"a 3yo/f wc•c 80 ru a; c Sent To raP > h ,or�a.o Co� >��t44 S/�4'�'� Co �rOG// o PoaoxNo. 3 5 w 66 CD 0 City,State,LP tit Ol 4`I —g)o 07/3/,i0000 ao U.S. Postal Service,. 4{/Gs/iQ&. CAOR2oG4 o CERTIFIED MAIL RECEIPT m (Domestic Ma!!Only;No Insurance Coverage Provided) 7 1']70/ weft �j / 2- For delivery information visit our website at www.usps.com,,,. �O11 /l ( let D E, ` l A S A Er Pi f"2CC Co Foos° Postage $ 0.37 �ID:(-6395 r� • o 0 ©�/J�co�0�/I`� ci Certified Fes 2.30 ... `/ C--•-1 cg.. o F q�ned o Returnt Fee go- (Endorsement Required) u are p o Restricted Delivery Fee ' rk: K3h9XO •U / CR/se c r-9 (Endorsement Required) y �\ j /O LE-OA/inn) /SSG m Total Postage 8Fees $ 2.67 W/07� (/ N O Semi • /o19 30 4✓€ o iin}an a last)). kICKAc r' steet,Am.xo., en? Co 10434 -P°90"“34015 WCJ . SO Ci"te r,t�sdnlx , C6 60 1I U.S. Postal Service,. U.S. Postal Service,. c CERTIFIED MAIL, RECEIPT _o L, CERTIFIED MAIL.., RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) m (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf•rmati nvisit ur we•site at www,us•s.c•m, S For delivery information visit our website at www.usps.comr., �• I II- �' "� °'" "° S PIc ' O Kali.iUSE m pc Postage $ 0.37 it: C m 0.37 o a o \,3s Postage S UN D: 0795 rn o Certified Fee2.30 czi>` % Certified Fee 5�A 4 ciReturn Recispt Fee Posere c O 2.30 �� PasWlerk .2 Fee (Endorsement Required) :ES Rer j o Cc, (Endorsement Retum Requtired) `m Restricted Delivery Fee . lily K0 Restricted Delivery ee(Endorsement Required) iri �� .IS D Q I (Endorsement Required) L r6:: K.7�.1'0 cal ' m TotalPostage&Fees $ 2.67 07/ii i•. _. rR �?.J Total Postage&Fees $ 2.b7 '� 7 —) VO Cr ru ru 0 o Sent To `greet ,a .n1o. Y r 1`�i o semi I det_i I lar r or Po Box No. 1_oQq 3Q ,•'S..:......vet wPosox No. 431 V I. W. -R S,City.�ah„"o of . Coo �i (a3 0L! City,State,LP+4 •px .fin 804150 rcv pci. 4- RE: 353 / Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name Doug Stolle Phone(970)353-7796 Address 800 8th Avenue. Suite#235 City Greeley State CO Zip 80631 2. Address or location of access Section 14 Township 7 North Range 63 West Subdivision Block Lot Weld County Road # 69 Side of Road East Distance from nearest intersection %Mile From WRC 69 and WCR 80 3. Is there an existing access to the property? Yes X No #of accesses 1 4. Proposed Use: ❑ Permanent ® Residential/Agricultural ❑ Industrial U Temporary U Subdivision U Commercial ❑ Other ********************************************************************************************************** 5. Site Sketch Legend for Access Description: AG AG= Agricultural RES = Residential , O&G= Oil Oi18t Gas RES/A .- O& D.R = Ditch Road a SO .56C,C., • / F r *********************************************************************************************************** OFFICE USE ONLY: Road o C ADT PJ Date Accidents Date Road ,r0 ADT 1 Date Accidents Date l Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 1 11111111111 IIII 1111111 III 1111111111111 III 111111111 IIII 3096560 08/18/2003 12:09P Weld County, CO 11 of 11 R 0.00 D 0.00 Steve Moreno Clerk& Recorder . Q s "*"* , \ MEMORANDUM TO: Clerk to the Board DATE: JuLY 15, 2003 • 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 Mark Magnuson. The appropriate documentation is enclosed Enclosures pc: Don Carroll, Public Works M:\FRANCIE\AGENDA-DonC 2003-1870 Hello