HomeMy WebLinkAbout20032011.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 15 RIGHT-OF-WAY AND
AUTHORIZE CHAIR TO SIGN - BERT HARDER
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 a Portion of Weld County Road 15 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 Bert Harder, commencing upon full execution,
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 License Agreement for Upgrade and Maintenance of a
Portion of Weld County Road 15 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 Bert Harder 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 6th day of August, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WrnC2�� ���� TYC OR DO
ATTEST: ' temil l ! if
D vid E. Long, air
Weld County Clerk to the Board
Robert D. en, Pro-Tem
BY: 41_,,a
` Clerk to the Board
TO FO' i l 7y
1661 `I •��'-"'1�:I4MP., William H.//,J,,erke
A 1.102—$),Q,
)' (�
' ne
� `UN' '� Glenn Vaad
Date o signature: S2
2003-2011
EG0047
((: pi_ f ; FIT Cc h)
579 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 3O)--- 5v/ , 2003, by and between WELD COUNTY, COLORADO, by and
through the Board oftounty Commissioners of Weld County,Colorado,whose address is 915
Tenth Street, Greeley, Colorado 80631, as First Party, and Bret Harder, as Second Party
whose address is 435 North 35th Avenue, #430, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located in north
half, north half, southwest quarter, Section 19, Township 9 North, Range 67 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 15 for a
distance of one-half mile north of WCR 102 and located as follows: 30 feet of right-of-way on
the west side of Section 20,Township 9 North,Range 67 West,of the 6`h P.M.in Weld County,
Colorado, which is hereinafthr referred to as "ROW," and
WHEREAS, ROW is currently not being maintained by First Party, and
WHEREAS, Secona 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
IIIIIIVIIIIIII MUM 1111111111111IIIVIIIIIIIIIII
3098579 08/22/2003 11:12A Weld County, CO
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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 th^ 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.
1 111 11111 1111 1111111 I I 111 111111 III 11111 I I I I R
3098579 08/22/2003 11:12A 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 pan'y to this Nonexclusive
License Agreement.
10. It is expressly understood and agreed that the enforc .,vent 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.
1 11111111111 11111111111 I I 11111111111111 III 111111111 I I I I
3098579 08/22/2003 11:12A 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:
WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY
COMMISSIONERS OF WELD JynCes COLORADO 14 ����
� ' ATTEST: L4/4 -4
Clerk to the Board 1 1861
By: e%.�_�? .c By:
Deputy Clerk � �Y t / David E. Long, Chair 08/06/2003
SECOND PARTY:
BRET HARDER
By: EAdikeiel
SUBSCRIBED AND SWORN to before me this 7 day of , 2003,
By tl .n lla��ati
tiya,.....:}viFfSS my hand and official seal
., y .
^, , CO a i ° Notary Public cc
8 11/*.
=
0 ••• *Q NI y commission expires:
*ee•" "° .."1dY COMMISSION EXPIRES SEPTEMBER 23, 2004
M:\W PFI LES\AGREEMNT\Non-exclusive\HARDER.doc
111111111111 IIII 1111111 III 1111111111111 III IIIII IIII IIII
3098579 08/22/2003 11:12A Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
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SENDER: COMPLETE THIS SECTION
C•M'LETE THIS SECTIIN •N eEUVERY
A. Signature
• Complete items 1,2,and 3.Also complete
[I Agent
item 4 if Restricted Delivery is desired. X 0 Addressee
■ Print your name and address on the reverse C. Date of Delivery
so that we can return the card to you. B. Received by(Printed Name)
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2. Article Number
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Domestic Return Receipt 102595-02-M-1035
PS Form 3811,August 2001
i SENDER: COMPLETE THIS SECTION C•M•LETE THIS SECTION •N rELIVE-Y
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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 12,
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 shalt 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 retiuire that there be public highways on all section and township
lines on the United States public domain, \"ithin the limits of the County of Weld.
IT IS HEREBY ORDERED,by the Board of County Commissioners of the County of\'Veld,that
all section and township lines on the public domain of the United States,within the County cf Weld and
State of Colorado, to wit: In townships 7, 8, 9, 10, and 1 I 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 51, 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
BE IT FURTHER ORDERED, that a duly certified transcript of the order and action of this
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
of Deeds of Weld County, Colorado, and
BE IT FURTHER ORDERED,that the County Clerk and Recorder of Weld County,Colorado,
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
Commissioner of the General Land Office at Washington,D.C.,and that said County Clerk and Recorder
shall make report of his acts and doings hereunder at the next meeting of this Board.
On the first day of the next session of said Board of County Commissioners, to wit, on the 6th
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.
M:1CTB\CTBFORMS\RE 1889
2T) 13
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•
2609842 04/30/1998 03:47P Wa10 County CO
1 of 2 R 11.00 D 0.00 JA Suki Tsukamoto
ACCESS-AND-UTILITY EASEMENT
The Grantor reserves, grants and conveys to owners their heirs and assigns
forever a 60 foot easement for access road and or utilities.
Said easement to be 60 feet in width and be located along the entire West 60 feet
of the South V of Section 19, Township 9 North, Range 67 West of the 6th P.M.
Weld County, Colorado.
Said easement to be for the use of all owners and or assigns in West'/z of Section
18 and all of Section 19, Township 9 North, Range 67 West of the 6th P.M.,
Weld County, Colorado.
2 %4dI
Grantor
Owner of the South 'A of Section 19, T9N, R67W, of the 6th P.M.
(94 izill99/
Date
es
111111111111111111111111 $11111111111111 III 11111 11111111
2608842 04/30/1998 03:47P Weld County CO
%�/ �� 2 of 2 R 11.00 0 0.00 JA Suit! !su!sultanate'amot
STATE OF eI}�A _ u+ ) '
). as...
COUNTY OF )
The foregoing instrumentwas acknowledged before me this 01;r
day of (7,4442/
7'n_ . ,°/ , 1998 by 5 y AA) R. Sid Well
,,,,,,,,,,,,,,,,,,,, / ' J
0, '-,c0 Jo .? ,,, Witness my hand and official seal.
�.. .,la�q My commission expires : iole—,VOO—
c2,4".../a2ta2
s7., 's "�!♦Y .. a p NOTARY PUBLIC
"'44,,mm, a,a•
RE: a4 S 7.--
Other Case No.
APPENDIX B
W . • AD _ CCESS NUF'OR`ATION S E
Date: 3 ' 3- 03
Weld County Puo
lic Works Department
1111 H Street, P.O.Box 758, Greeley, CO 80632 Fax: (970)304-6497
Phone: (970 )356-4000,E ct 3750
Phone `T-7 a J 5-4 .— �?.5"-C'1. Applicant Name '18 2E 44
t0cy . 97a Is-I - ;c/7/
Address ay
n City r E`r State r'9 ,Zip 6 3 F
1. Address or location of access Township Range Gv 1
Section 4 Bock Lot
Subdivision L r of sr 1
Weld County Road 4 �5 —
Side of Road 1N Distance from nearest intersection I/4 A.)0�'r 14 0V VJCQ. 10 7
3. Is there an existing access to the property.
Yes____ ___ No 4 of accesses_
4. Proposed Use: industrial
SPermanent >k Resideatiai/Aericultural O indust ial O Other
J Temporary O Subdivision *:K*****Corrunerci a##*>a*s�*###:rte r *»�##x*#ra r� ax*r#*#
*i�#'l�#a*#*ate**as#*!t*Y***Yl7i*aJ�:k*#fit#ii.�llam'#a#a4l�a#7�aF*Me#a#%Ka*#a �tR
5, Site Sketch sEc j 1J
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Legend for Access Description: I4
AGR = Agricultural j
RES = OilResidentialsr.,,uR Xo+ .--
O&G= oil&Gas ,_ ,.
D.R. Ditch Road r v,
O House u, v
O = Shed or Outbuilding w
1 � SK 19 J
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OFFICE USE ONLY:Road Accidents Date
ADT Date Accidents Date
Road ADT
Drainage Requirement Culvert
Size Length
� S O ( I-1Special Conditions _ { r- r� L ..--G
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*.#.*#.*s*******s*air*************a*****s*****.*****************Il*** *Ii1Sllffi.... a**a*a***a***s****************
O Installation authorized
cient
Title:
mrwpfileslengmeer1access
Reviewed By: - '
Case # gE 3482
Name BRET HpRCER
WCR Location '. 15:
NON-EXCLUSIVE LICENSE AGREEMENT
ITEMS REQUIRED FOR SUBMITTAL
Documentation of Proof of Right-of-Way (Clerk to the Board) or document
of an easement shall be provided to the Department of Public Works.
One (1) copy of Non-exclusive license Agreement for the Upgrade
and Maintenance of Weld County Right-of-way. This document shall
be signed and sealed a Colorado Notary Public.
✓ An 8 %z inch by 11 inch map, drawn, indicating type of right-of-
way/easement; whether it is dedicated, private, or deeded to provide
adequate access to the parcel.
I/ The applicant shall supply written documentation indicating the
adjacent landowners are aware that the section line will be used to
access to your property.
The applicant shall complete a Weld County Road Access Information
sheet.
The above information shall be submitted to Weld County Department
of Public Works.
M:\WPFILES\DON-C\Subck st.wpd
LL:"•
reit
MEMORANDUM
IngCTO: Clerk to the Board DATE: August 1, 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 Bert Harder
The appropriate documentation is enclosed
Enclosures
pc: Don Carroll, Public Works
M:\FRA NCIE\AGENDA-DonC
2003-2011
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