HomeMy WebLinkAbout20032010.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PROTION OF WELD COUNTY ROAD 53 RIGHT-OF-WAY AND
AUTHORIZE CHAIR TO SIGN - RICHARD AND HEIDI ROBERTSON
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 53 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 Richard and Heidi Robertson, commencing
uponfull 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 53 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 Richard and Heidi Robertson 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
W COUNTY, COL RA O
gATTEST: __Q ����
�`�!Oil
vid E. L ng, Chai
Weld County Clerk to the Board
rRobed D. d n, Pro-Tem
ty Clerk to the Board
,mac E fL1++ M. J. eile�uCy • yA S TO 7 1 r'ti. �'
1861 William H. Jerke
t �ttorne
®c grt i�Glenn Vaad
Date of signature: mg _/q 03
2003-2010
EG0047
FrC )
NONEXCLUSIVE LICENSE AGREEMENT FOR THE
UPGRADE AND MAINTENANCE OF WELD COUNTY
ooi RIGHT-OF-WAY
ld
n THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 12 day of
(to 4 u ,2003,by and between WELD COUNTY, COLORADO,by and through the Board
of Couty Commissioners of Weld County, Colorado,whose address is 915 Tenth Street, Greeley,
Colorado 80631, as First Party, and Richard and Heidi Robertson, as Second Party whose address is
8537 WCR 51, Hudson, Colorado 80642.
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at north V2 of
the southeast 1/4 , Section 17, T2N, R64W in the 6th P.M. in Weld County, Colorado, and
WHEREAS,First Party is the owner of the right-of-way known as WCR 53 for a distance of
V2 mile north of WCR 20 and located as follows: 30 feet of right-of-way along the West section line
of Section 16,T2N,R64W of 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:
111111111111 I I I 111111111111111111111111 I I I1111111111111
3099001 08/25/2003 11:11A Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder SiDQ3-_,WO
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.
111111111111 IIII 111111 1111111111111111111111 IIII I11I
3099001 08/25/2003 11:11A Weld County, CO
2 of 4 R 0.00 D 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.
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.
HBO HIE 1111111 VIII I'IIII III'I III IIII' IIII I'II
3099001 08/25/2003 11:11A 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 COUNTY, COLORADO
ATTE i , Ae/la
l'i4n L.ej
-.. r.7
tabs �' �j+1• � e'g�i David E. Long, Chai 08/06/2003
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SECOND PARTY:
RICHARD ROBERTSON HEIDI ROBERTSON
By: Byai' .0..d0
Owner Owner
fil
SUBS +'IBED AND SWORN to before me this 4 o day of uk�al , 2003,
By ti! € vu a, t. 4 '
ir14RYap
WITNESS'my ha.,: 'Sfc[ak
i' •
r'/psN i0
.'_at 0'' Notary Public
My mmiss�'2'•.'�•'G ; -1-O3
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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 an 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 1 I 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
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:\CTERCTBFORMSRE1889
Road File 4 5.. =c.• L-uE...
RE: :350'3
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Date: �~ I Z G�
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
Phone
1. Applicant Name
City State Zip
Address
1. Address or location of access
Section ti Township 2---- Range 4 Lot
Subdivision ock
Weld County Road# Si S:l. . Side of Road k± Distance from nearest intersection 1/2 M property? u_t=
Yes No #of accesses
3. Is there an existing access to the
4. Proposed Use: O Industrial
❑ Permanent O Residential/Agricultural
O Subai division O Commercial O Other
Temporary ,***************.*.****##:.,„*:M # **,„**#*„:>*x#
5. Site Sketch
Legend for Access Description:
AGR = Agricultural
RES = Residential ---
O&G= Oil&Gas ___� _ -�
D.R. = Ditch Road
O = House
Q = Shed or Outbuilding '1
In ri)
IP
LT'Q�'
R U l
- i C�
C,) 0C
***
OFFICE USE ONLY: Date Accidents Date
Road_ ADT Date Accidents Date
Road ADT
Drainage Requirement Culvert
Size Length
Special Conditions
***.********************************************************************************************************
O Installation authorized O Information Insufficient
Title:
Reviewed By: • m:wptilp\engzneerlaccws
i UNIT t• STAAT€5
RUS SLR`OO-
Track/Confirm- Intranet item Inquiry
Item Number:7002 3150 0000 0936 9513
This item was delivered on 05/20/2003 at 12:06.
Signature: l
3-Q/lrt ,e- L/( .� P/[ /'�-
Address: f;p
64;
Enter Request Type and Item Number:
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•
SENDER: COMPLETE THIS SECTION C•MPLETE THIS SECTI•N ON •SLIVERY
in Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. O Agent
• Print your name and address on the reverse �L A.J * O Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? O Yes
• 1. Article Addressed to: 1f YES,enter delivery address below: O No
3 \ LJ
3. Service Type
❑Certified Mail O Express Mail
O Registered O Return Receipt for Merchandise
❑Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number
(Transfer from service label)
PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509
SENDER: COMPLETE THIS SECTION C•M• IN r'ELIVERY
III Complete Si n
. =' re
Complete items 1,2,and 3.Also complete • O Agent
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse _��.� . • ! Addressee
so that we can return the card to you. B. R . by(Printed ame) � . Date.f Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? O Yes
1. Article Addressed to: If YES,enter delivery address below: O No
•
lo /e•74 W4 1/) ;YC
o car
•
•
Service T pe
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1 i^ # ertified Mail O Express Mail
✓ x O Registered 1:3-flirturn Receipt for Merchandise
+4l71) O Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article"'^.'^'^•
(Transf 7002 3150 0000 0936 9506
PS Form 3811,August 2001 Domestic Return Mece+pt 102595-01-M-2509
Richard and Heidi Robertson
8537 WCR 51
Hudson, CO 80643
(303)419-4785
(303)732-4383
May 12, 2003
Gloria Ramirez
25817 WCR 20
Keenesburg, CO 80632
Ms. Ramirez:
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 1350 17 100021,
located in Section 17, T2N, R 64W 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,
Richard Robertson
C BLC
Heidi Robertson
M:\WPFILES\DON-C\REnotify-2.doc /31°
M:\WPFILES\DON-C\REnoti fy-2.doc
Richard and Heidi Robertson
8537 WCR 51
Hudson, CO 80643
(303)419-4785
(303)732-4383
May 12, 2003
Sheree L. Sloan
25887 WCR 20
Keenesburg, CO 80643
Ms. Sloan:
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 1350 17 100021,
located in Section 17, T2N, R 64W 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,
Riciard Robertson
- cl /6-
Er F
Heidi Robertson
\ / g:(17CLA''-----
M:\WPFILES\DON-C\REnotify-3.doc
M:\WPFILES\DON-C\REnotify-3.doc
5- 1'L-O
Case #
Name Ro ee.RTSc .J
WCR Location 53
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.
V 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 by a Colorado Notary Public.
✓ An 8 1/2 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.
V 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:\W PFILES\DON-C\Subcklist.wpd
(alei
MEMORANDUM
TO: Clerk to the Board DATE: July 31, 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 and Heidi Robertson
The appropriate documentation is enclosed
Enclosures
pc: Don Carroll, Public Works
M:\FRANCIErAGENDA-DonC
2003-2010
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