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Home My WebLink About20031794.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 94 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - RICHARD SHIPLEY 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 94, 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 Richard Shipley, 137 Hartman Street, Fort Collins, Colorado 80521, 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 94, 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 Richard Shipley, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. 2003-1794 EG0047 RE: NONEXCLUSIVE LICENSE AGREEMENT FOR WCR 94 - RICHARD SHIPLEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WE OUNTY, COLORADO 4014 r wv, D id E. Lon , Ch it 1861 to the Bo rd Robert D. Malden, Pro-Tern -0 ,. T'teClerk to the Board EXCUSED M. J. Geile A OV AST • AEXCUSED Willir H. Jerke unty!4t₹erney b( Glenn Vaad Date of signature: 3/4/ 2003-1794 EG0047 NONEXCLUSIVE LICENSE AGREEMENT FOR THE 024 UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 7 fl _day of Ju L r ,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 Richard L. Shipley, as Second Party whose address is 137 Hartman Street, Fort Collins, Colorado 80521. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the North %2 of the East %2 in the Southeast '/ of Section 8,T8N, R67 West and in the South '''A of the East %2 in the Southeast 1/4 of Section 8, T8N, R67West in the 6th P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 94 for a distance of one mile east of WCR 15 and north on WCR 17 for a distance of one mile to WCR 96 and located as follows: 30 feet of right-of-way both locations are in Section 8,T8N,R67W 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. - 1 - i 11111111111 1111 1111111 VIII IIII 1111111 III 11111 IIII IIII 3093024 08/07/2003 02:48P Weld County, CO d�� /'r/�1 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder ,.49A! 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 - 2 - I 111111111111111111111111111111111111111111111111 3093024 08/07/2003 02:48P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 4l J- 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. 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 111111111111 NI 1111111 11111 IIII VIIIII III 11111 IIII IIiI 3093024 08/07/2003 02:48P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder 5" 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 ATTEST: LEW Clerk to the Board sbi ^ � t tV tzit By: By: Deputy Clerk David E. Long, Chair JUL 14 2003 SECOND PARTY: RICHARD L. SHIPLEY By:)/(41/d/ fr SUBSCRIBED AND SWORN to before me this 7 day of uctuL , 2003, By c iarc9 L_SWfi I rWITNESS wY hantiid official sealre 0OA.C. 0404N 2 NOTMy / �e //19 � Notary Public : 1 `.. My co�massi$n expires: 3 -/S-LCp y, ,. 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" 9:✓�7 JPk Ys S -y t ( i Yi4 +s. a$5 ka sx+. +i 41. ; a #xi fie( t dx $- p x 2 + - dg F Yuut > F t P { si 5 e ₹:1Ck`'5:�t 4 k ct'. �1 'IL k Y�. S ii"14'Y An yi -�.. 4� tPi `�.. .2.vii" SLirl 1.•ox•nship 7I .. . s of Range .fro. . •- Kest of the 6th Principal Xeriilz'm. S J7»• • xoxrtl. _ ...... t 'I j. I 2 ^I. =: I. I I '1 ; I. I I I I •e( .. w Soo ;t , W�,,• ore-.,777,rases�+ -- 1 } i 11 I N is \ \ J\ 4 1 • • i i • :I \ ii 1,. I I ... .......1.5.. ..:. .. • i • i a i 1g .. . Y «.a ar.:. —.i_—.ilw.�•.:•.w,-.—... ...,ru.r:.wr.+_�..-- .,.r-.:..__.__r... `� I A •L.. f ---1- I \ ' tt d 1 \ I I I i ( s.._,.... • 1 el i I 11 1f 1 2O� 3t �_ � .......�. . d 22 t 23 • 24 I. I', I; ',I f �� . '1 I I I 1 : t' I! ti I t 1 i r t . I F I. I ` 1.. 25.\. . .. ..I . 30 29 48. . ...... 2� I 26 t:r ,i ,I ..,4‘,............,...: II I ' ,t! 1 i Ift-7{- -. �,; .. i. s .f'-._—. rnr. _....i..�w+••�..�—:1 — •.. -r-�.. — 1 �.. —._.__.— f J 1 J i II"I 36 32 313 �,34 it • o L 1,� f fi• • '.• u Ymtotwl Lams. h. SS•Ilnmrtnad Entry. • iii. ... ._.. f.--•Vrt•mnpttai Fl:ii.a. _ c-'19m1w Cult...!l:.,t, . .!.•. •.:q .�l. 44.44Ind Vt1.0tn'i61 W Vlled tato u••.mt. �a:;�; INI,L::I; I; 4 ti c'''yk`p:r'1.. ►�'' ..4n.... '1 Jbllll Il,:. . 4 RECEIVED MAY 3 0 2003 WELD er...Alf‘IY PUB' V.ICR!CEs DEPT C Weld County Referral COLORADO May 27, 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Richard Shipley Case Number RE-3594 Please Reply By June,24, 2003 Planner Sheri Lockman Project Two Lot Recorded Exemption Legal N2E2SE4 & S2E2SE4 Section 8, T8N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately% mile south of CR 96 and approximately 3/4 mile east of CR 15. For a more precise location, see legal. Parcel Number 0555 08 400002 &0555 08 400001 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: /)/CA)l.v.c.L44 ✓c Lic&x.+'SE act wetc^`° -- signature ,//J�� ` �� (*' " a 7—f3 Agency 4 �� ` Date +Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax MEMORANDUM TO: Sheri Lockman, Planner II DATE: 6/25/2003 C FROM: Donald Carroll, Engineering Administrator f M�' COLORADO SUBJECT: RE-3594, Richard Shipley The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 94 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a section line. This 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 17 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a section line. This 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. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. 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-3594 M1PLANNING\re-4.doc Road File# ., — __ RE: , -c��•' Other Case No. APPENDIX B WELD COUNTY R9AD ACCESS INFORMATION SHEET Date: _. - :-,1 //'-.- (--%Weld County Public Works Department 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: ;970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Richard L Shipley Phone_ 970-443-0806 Address 137 Hartman Street City Fort Collins State CO Zip_1 .21 1. Address or location of access 7755 CR 94 8 Towtship 8 North Range 67 Wa4r_ of the 6th P.M. Section Block Lot Subdivision Weld County Road 0 15 Side of Road east Distance from nearest intersection.. 1 rile ? Yes_ __ No of accesses 3. Is there an existing access to the property? 4. Proposed Use: Q Industrial Permanent �( Residential/Agricul oral Temporary ( Subdivision O Commercial Q Other *i#M########a#assn#*t#Y •yea###*#a*i wan#*y,**stie*g#y ak ae(.a**veh a+k#!fit�k�R*�R#h+R'It#**At######aa*#**a.■#a a 5. Site Sketch I i Legend for Access Description: AGR = Agricultural t 1 RES = Residential w« q O&G= Oil&Gas t. D.R. = Ditch Road O = House Q = Shed or Outbuilding ' H r -. A *#a*#*###*##aseh i+l' OFFICE'USE ONLY: Accidents Date Road_ 2 ADT w Date Accidents Date Road �7 ADT' Drainage Requirement Culvert _� S>ze Length Special Conditions k,'')ni •S j'f' a % /= / F ' . e • .. .. R ***JR##*#* e**14******************#####ass#sa###************** ************•********* ******************seas**** O Installation authorized O Information Insufficient Title: Reviewed By: m:wpfileslengineezAaccess 3 a - O I. JAc J7— Lai-,nowurre._— SSS'O gO Or»/� 0555-0 9 QDoo as_ 11 G RE-CO Q2(7} 1065 c(4- you a 0.0So 1sfl ji beat 3Lv � c� � �5 �z CT- Cc) l! w L_s co '(DS, y Co �C�SSO t/ . 955 O 7 ©o®© D- 3.- of RBryj EEO G2c- 5E FCc�v i c 12® h }- `7 r� KlnA13�72� ORcv iik Cie G {o Pr Cot( 1 Co � 0 lUctu v , 4� ©G � 05-5-5-/'7O000 O7 / V Tu2n9e Ras 1515" wa-S # fl os p90 , rg Pr 9 6° ,C tc7$ MT .FLeAS Pr Nil-- 7 gq, ©53c05n®oo /5' Po-iriA .4w ,1 t:.4KSti/ 74 7 S . Lcn-1 At A- 3 cy Co GI r in‘ S Ca oSic 137 Hartman Street Fort Collins, CCO 80521 July 1, 2003 Gregory Beynon 2050 International Blvd., #82 Ft. Collins, CO 80524 Dear Mr. Beynon: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel numbers 055508400002 and 055508400001, located in Section 8, T8N, R67W 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, /4,c4044Richard L. Shipley Acknowledgement: print name sign e pc: RE-3594 M:\PLAN N I NG\S hipley-1.doc 137 Hartman Street Fort Collins, CCO 80521 July 1, 2003 Greg Romero 720 Kimberly Drive Ft. Collins, CO 80524 Dear Mr. Romero: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel numbers 055508400002 and 055508400001, located in Section 8, T8N, R67W 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, Athi cArd>t Richard L. Shipley Acknowledgement: Cc print naPne signat re pc: RE-3594 M:\PLANNING\Shipley-1.doc 137 Hartman Street Fort Collins, CCO 80521 July 1, 2003 Robert Turner 1515 W. 28th Street, #322 Loveland, CO 80538-3162 Dear Mr. Turner: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel numbers 055508400002 and 055508400001, located in Section 8, T8N, R67W 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,471d/ cXj Richard L. Shipley Acknowledgement: print name signature pc: RE-3594 MA PLANNING d o c FROM : FAX NO. : Jul. 08 2003 01:38PM P1 137 Hartman Street Fort Collins, CCO 80521 • July 1, 2003 Jason Goodman Rt. 9, Box 1575 Mt. Pleasant, TX 75455 Dear Mr. Goodman: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for Our parcel numbers 055508400002 and 055508400001, located in Section 8, T8N, R67W of the i'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 convenient . Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Richard L. Shipley li • Acknowledgement: 3-ASant C© print name si ature pc: RE-3594 M:IPLANNING1Shipley-1.doc 137 Hartman Street Fort Collins, CCO 80521 July 1, 2003 Karen Nottingham 749 S. Lemay A-3 Box 342 Ft. Collins, CO 80524 Dear Ms. Nottingham: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel numbers 055508400002 and 055508400001, located in Section 8, T8N, R67W 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,(xx /,p4/xRichard L. Shipley Acknowledgement: print name �� ature pc: RE-3594 M:\PLANNING\Shipley-1.doc 137 Hartman Street Fort Collins, CCO 80521 July 1, 2003 Ronald Crowder 1005 Canyon Dr. Windsor, CO 80550 Dear Mr. Crowder: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel numbers 055508400002 and 055508400001, located in Section 8, T8N, R67W 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. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, az? Qfr Richard L. Shipley Acknowledgement: QefrizA, devaxper) `- to'nez-e-ele316.0i/2/L1 print name signature pc: RE-3594 M:\PLANNING\Shipley-1.doc 137 Hartman Street Fort Collins, CCO 80521 July 1, 2003 Robert Sefcovic 8168 CR 96 Nunn, CO 80649 Dear Mr. Sefcovic: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel numbers 055508400002 and 055508400001, located in Section 8, T8N, R67W 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, 10/ Richard L. Shipley Acknowledgement: f C'vfi5Y 5Erco&i C O print name signature pc: RE-3594 M:\PLANNING\Shipley-1.doc \ MEMORANDUM WIID € TO: ClerktotheBoard DATE: July9, 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 Richard Shipley. The appropriate documentation is enclosed Enclosures pc: Don Carroll, Public Works N.1:`FRANC]E\AGENDA-DonC - 2003-1794 Hello