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Home My WebLink About20033369 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 35 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - LAWRENCE AND JEANNE WILLIAMS 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 Agreementforthe Upgrade and Maintenance of a portion of Weld County Road 35 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 Lawrence and Jeanne Williams, 21651 East 118th Avenue, Commerce City, Colorado 80022, 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 the Upgrade and Maintenance of a portion of Weld County Road 35 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 Lawrence and Jeanne Williams 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 15th day of December, A.D., 2003. { 1 �//�/�/�� BOARD OF COUNTYCOMMISSIONERS /I ��'!/v W 11N L DO ck vid E. Long, Chair e erk to the Board 1861 • Roberta M den, Pro-Tem ;•-• t9s. rk to the Board . J. &le APPRSVE AS TO F Willi m H. Jerke County A rney ��"-"Akt 46-A Glenn Vaad Date of signature: / 'g-6y Qn 2003-3369 n( PL ,�c�J //T�L / �� ce of -QsEGA 47 fc 0 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 3rd day of December, 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 Lawrence John Williams and Jeanne Coleen William,as Second Party whose address is 21651 E. 118th Avenue, Commerce City, Colorado 80022. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the east 1/2 of the southeast Vi Section 35, T9N, R66W of the 6th P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 35 for a distance of 1/2 mile north of WCR 98 and located as follows: 30'of right-of-way on the east side of the section line between Sections 35 and 36, T9N, R66W of the 6th PM,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 - Aril 11111 IIII IIIIIIII 11111 IIII llllll III I'llI IIII IIII 3140434 12/31/2003 11:30A Weld County, CO 1 of 4 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. - 2 - I lint] IIII EMI 11111 IIII 111111 Hilt IIII IIII 3140434 12/31/2003 11:30A Weld County, CO 2 of 4 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 MIDI]IIIII HMI 11111 IIII in III 11111 IIII IIII 3140434 12/31/2003 11:30A 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 ATTEST: iatail Clerk to the Board 1861 63 By: By: Deputy Clerk ( David E. Long , Chair 12/15/2093 } SECOND PARTY: agODUrtaL61 V By: 2utv1ha Title ✓ to rn / SUBSCRIBED AND SWORN R to before me this 0, — day of ec=� , .2,p By La a/✓fenc- (nee o aged .YelLvr Cgeca- ce..,. WITNESS my hand and official seal Notary Public My commission expires: ZefO6 j t �- • 4 Page 4 of 4 Pages 111111��11111111111111111111111 III 111111111 IIE 3140434 12/31/2003 11:304 Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder st, MEMORANDUM TO: Sheri Lockman, Planner II DATE: 9/5/2003 'Rip FROM: Donald Carroll, Engineering Administrator tr./ ./SUBJECT: RE-3641, Lawrence & Jeanne Williams COLORADO The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 98 is designated on the Road Capital Improvement Plan in the County Wide Impact Fee Code Ordinance, Section 20-1-30, as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. The road is 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 measured from the future right-of-way line. WCR 35 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 measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. Direct access from a public road shall be limited; only one access is allowed per legal residential parcel. No circle drives will be allowed. In accordance with Chapter 8, Article II of the Weld County Code, this policy shall apply to all new and existing accesses within the unincorporated areas of Weld County. Properties within municipalities or other counties that access Weld County roads are also subject to this policy. 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. In accordance with Section 24-7-50 J of the Weld County Code, Chapter 24, Article VII, the flag lot configuration will be avoided where possible. The minimum width of a flag lot is 30 feet or a Nonexclusive License Agreement is required on the Section Line (WCR 35). RE-3641 M:\PLANNING\RE-6.DOC • Road File#: Date: RE# : Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000 Ex). 3750 Fax: (970)304-6497 / A f .0,41/i�i' s 1. ApplicantNamejii' re/leP. D Y) tY'/1 e.(..c./ hone rnj0y-6 S — `) / �- tie, City ' /1� tate r_'r:' Zip BUD. Address " .� �-R 2. Address or Location of Access Section 3 5 Township ei Range 6 6 Subdivision Block Lot l Weld County Road#: 14 Side of Road /if)r`U11 Distance from nearest intersection -3/4e/-ii 3. Is there an existing access to the property? Yes No #of Accesses 1 4. Proposed Use: Permanent l. Residential/Agricultural ❑ Industrial ❑ Temporary Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural L_ RES = Residential O&G = Oil & Gas D.R. = Ditch Road O = House 17 = Shed C 3 1'k,. ..r P Ni *********************************************** OFFICE USE ONLY: Road y ADT . Date Accidents Date Road ADT_ Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES -7- _ RANG* 66 I 32:' 33 b4, i 35- , 36 31 m +M 0 I I 6 51 \ 3 r 2 'I 6 12 7 11\:C... 9 _ 10 I I 12 7 � /W —Of-.. - #y e .. m-a xa.o 13 \ 18 17 \ tv IS : I: I s .say:. ' . tx .•P.f 3-7 Oa . Y xra - a two [,: 74 19 20 21 2 23 Il,, 24 19 \ 1 .+ + f J �� Yr wPx • pIBC / + p-ra In Lx LA . ura xa+._ . n 25 3+. 2B 2Ty'".≥'11 2S w ♦ ♦ a 514-4 534-4A.,:fs. ,. '.3� NUNN \ % . r_ 36 .— 31 rI 32 afe., 34 { / 5 36 31 \ o\ S . Ioxmship No. s G of Range :Vo. i,l, iVest of Me 6th Prixcipa/ aferidwa. U 6//3 ,9//E- )7] ',rd. Non ,532-d ' 9°7 \ 9,7�9 '3-7 '7'1 3'9-/ . _ _ _ — L I 6 f ((4 4 • 3 2 1 99 �] yyynL ,- M //a .5//L n yj a / 9 0/ /- 9-07 7 \ 86 9 to 1'1 12 \ \ 5 • 2 22 • L \r ` I 3 II 18 7 17 ` T6 t5 " 14 1 13 It 6k S '.. n>. s..d. : i s.,. 2r.1., ki. r J-,-.y.' '.9 n7 " 3-7-'9°J 13-7 ,- r 1 t9 ,20 _ .. 21 , 2 2 -._ 23 24 e I . i 5 \ t / y .x J 9 � i t J - D- -r9°it 1a \A ^ of \\ 30 i 29 \ 27 'C 25 w t66, ` b • n ./ /j r A 6 "'I� a..i 3 -/yo9 5 rye a u t_ P 3e ...-,-.. . r 31 32 * r+ '' 33 b 34 35 36) '� e S-.yo: r 9 °7 1 IIo!.In.l.,I :o' F.-nom" I:ni rr I. Pro oaksLon Io IL no .- I Timber('awe TAO" {I�s tauda not othero IRO worked . .a,:n H,C. PECK & ASSOCIATES, INC. RIGHT-OF-WAY SPECIALISTS September 29, 2003 Mr. Larry Williams 21651 East 1$8`h Avenue Commerce City, Colorado 80022 Re: State Land Board School Trust Lands Section 36-T9N-R66W Weld County, Colorado Dear Mr. Williams: This is to document your contact with Tim Kelly at the State Land Board's main office and me (at my office) last Thursday regarding the land use application (Recorded Exemption) pending before Weld County for property you own adjacent to the State Trust land referenced above. Based upon our discussions, the State Land Board has no objection to the application as submitted. (It is our understanding that no right-of-way will need to be acquired from the Land Board.) If you have any further questions, comments, or if you need additional information, please ntact me. el E •arker, Jr. .C. peck& Associates, Inc. On behalf of the SLB 2399 Blake Street, Suite 180 • Denver, Colorado 80205 Mailing Address: P.O. Box 480306, Denver, CO 80248-0306 (303) 623-6112 • Fax (303) 623-6301 www.hcpeck.com .. .,.._.. . r _.�_ ..-- � .- A ' PYe I t 4 f�ya ia`44/55N JY PM4 N ° " \ s • ' ?Y ' "lA: ;e e £ u_ ... i -.:2-.+4,..., -i - -1-,7?---,',r- - f -g m y' - - i s m# 1 C s r ig': ₹a S y i 3".,;,:p: 7:::::: ij - .ppe. r• - Nv- : r . }.4,ti .y t .gin e ...rte}11'e �r t ., . t. , , ,,„,-,,,, . , . ,—4 .: n ^ c yy� r ii tee, - 4, -ii x i4 i 4 g %v y.," .tx" , p . . . (t.,'4,1. I.;• .4 `! §fit ''# 1,4;y' r milll y: { Y S M1 ,' ff. -., i .r � rx4t-}' "'Y f r� '.. i Vk x ,, �Fqq "S .y y , ( :. - V /3- :,-, y( F !: . Y}". .Vgg's�. yf a Jf:-.�`f- t `'er { Y.t -;Pe a4' 2T� �t • f 9., 29,d ° M11 : S a r I Y �t'To ti --f--', �i ` ^j, t fY f �r "'111""" ' , ' a y r -...,v,4 -7.;,.-7.4,1 u. #� if 1 ,1y � V �`!. b % 2t.-, f.s '' 4 -1'3 ‘:a.• d H + v red w '. - } F r 4`v i i i 'g.7. : :.,,,,,:t, 1 4 &�'+ E3 v n.:34 i ..r e # ^'�`` *. `1-'1:j. hl r MEMORANDUM . 1 CTO: Clerk to the Board DATE : December 9, 2003 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer. SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda. Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Lawrence John and Jeanne Coleen Williams (WCIU98.1. The appropriate documentation is enclosed. Enclosures pc: Donald Carroll Ni Franeie'Agendaitem.DOC 2003-3369 Hello