The URL can be used to link to this page

Browse Search

Home My WebLink About20032553.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 47 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - GERALD GLASS 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 forthe Upgrade and Maintenance of a Portion of Weld County Road 47 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 Gerald Glass, 17899 Bromley Lane, Brighton, Colorado 80601,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 47 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 Gerald Glass 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 3rd day of September, A.D., 2003. 4A La WELRD OF COUNTY OUNTY COLORAD COMMISSIONERS 1 TTEST:I—ii 9/447 G D vid . on , Chair eld Coin 4 � to the Board Ro ert D sden, Pro-Tem BY: Deputy Clerk to the Board M. J. eile APPOV AS 44411,144:4A 4 Willia H. Jerke )ZAne7 �V`",'0 �� r Glenn Vaad Date of signature: 9 7.9 ej 2003-2553 EG0047 M.14 (1 /1" "t NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY 1� dTHIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this //4ay of eCts j ,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 Gerald L.Glass,as Second Party whose address is 17899 Bromley Lane, Brighton, CO 80601. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at NE 'A,SE '/e, Section 23, Township 3 North, Range 65 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 47 for a distance of %3 mile north of WCR 30 and located as follows: 60' of right-of-way between Section 23 and Section 24, Township 3 North, Range 65 West 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. 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: 111111111111IIII11111111111111111111111III11111 MEN AI _ 3107137 09/17/2003 10:54A Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder } a2OC'S .7( JJ3 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. HRH BEM MEN 1111101111111IIII 11111 VIII IIII 3107137 09/17/2003 10:54A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2 - 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 11111 1111 11111111 I I I 111 11111 I I 1111111111 I I I I 3107137 09/17/2003 10:54A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk 8 Recorder 3 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 COU COLORADO Isil lElsa • TT gd ��//�G.At i( Clerk to the Board i. Ji:t$ t* ____________ rAzi By: C4 Deputy Clerk t�t David E. Long, h r SEP 0 3 2003 ge SECOND PARTY: GERAL,. _.. IA SUBSCRIBED AND SWORN to before me this �/ day of (2 , 2062 , By �i P Yet (oi L . 6i /455 WITNESS my hand and official seal !/ c�1�r�yiPpblic My commission expires: r /// �u�� x/20,0 �-o STACIA A. TUTTY NOTARY PUBLIC STATE OF COLORADO M:\WPFILES\AGREEMNT\Non-exclusive\GLASS-AGR.doc µ•��.s..��.�.,,.o My Commission Expires 11/30/2005 4 HUM 0111111110111111111 �� 1111111 �� 111111111 �� 3107137 09/17/2003 10:54A Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder t r f r..! rte . �. • _ +. � ,_ ,�,� _4, ,,.,,,„----'''. ". ....-,,,,['r:4- - ',.-•-i-; 1"- -Vitt,: qe;k: ,,'----,,,, k.,,' ,:iii•,- -, 0-. :•, ''ta..,•,',,Li-A:,.D -as. - _ ,msaH ---. -- Litcstif€7 .-5-5,::.;,,,;,41,7,-_-:::: . 4 - ._ a..., aii ,,,,..f,-.<,,.,-4..,..7,, ,:.,.. „,,,. ,:.,n.-: 4.44q.E114. ,'- r - a ;:ai" f�' F't S -b'r�'" --,211,t r r. b rf Y. tic � v I T� i � i { f "�.� 4 e c _7 }4F FmY s yam``, tie £ . ?. ` 'F R r t k*". .. -r f.j „ 1..,),,,,[.;.:i.::: • 1 I F ;. -,k - ; ` K'•; i# ' .2"'rS�c ::51-4--447: y •fi ..r•, r . � '�' r4 .GIs t �' ° �s +"- alla -� 'W"�� ; •^d [e 't-- �,a1 ` },n,�f��+tantViS i` `' 4k` ° Saw c t x 5 . . 4-R � :is� a 14atkiitn h aaatil"ak .... ,Tit.:;._!..",,,,),_,.,rC - � ... '_ • �t� t<.r } .4 4 }y s s a r F n31.�i', • Eagan_ F x� * ` '". t r1l`. � -'t ; , ;CHIC ₹� > SLY d.:, lk} . 1i -'i,h� 5 a Y`: H 8 _ l 1 . a La cad x > y Y� 1 ��Y'i 1w ' Q P • r. r � ,�s�i'� P f•.1. __' . ,, 'fitU! . .rillitil, __.... • 1 f T �I -Ma.s 1 -yi,i;"1,"."..,:,a4iI k T �V� c„CG i:,i:4'1" y i a1111 `!'', if r•.",t.. t w° �' 4 eq�" a I� w M,zk i'\ sIt1 � i i\-211,:j,{ a µ^"'Mk.• .'i .. . -4` uT r x x S� .44. ,,:„,,,,1'fp '< �Il �,°' 4 sun eau on ly mod (S1Hnny NHn1]tl out io S EN 1 lucid 3N1 U1 idn IJ,3 Y:I JL aO_1y d]ko1as ion E': COM•LETETHISSECTION 6'UIVIYL,tltlry'sSeUiIUN •N•ELIVE'V • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. q MI Print your name and address on the reverse X ❑Agent so that we can return the card to you. , d b ❑Addressee • Attach this card to the back of the mailpiece, R• Received by rimed Name or on the front if space permits. ) ��at/elof Delivery 1. Article Addressed to; D. N deliv `' _of ery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No 73:3B a/C,c 99 (VKco Oti c' , be </t 3. Serve tart:wafted Mail O.,(press Mail -- ❑ Registered Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Evers Fee) ' 2. Article Number Yes (Transfer from service label) 7002 2030 0004 5211 1356 I PS August 2001 Domestic Return Receipt 2ACPRI-09-Z-0965 U.S. Postal Service, r r CERTIFIED MAIL/„ RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivry inf.rm ti.n visit•urwe.site at www.us.s.c•m�., ur1 +! FFI ° I L USE Postage $ 0.37 MIT ID: 0379 O Poepnark eM Requ a'O 1.75 Hera CI Restricted Delivery /q�rt r�t�pep{ Clerk: KIR9PD Om: (Endr1VV f fu FM 'total Postage s Fe CS 4.42 08/11/03 ru M1O �'aeer,"_?.Y;'I-`-$.'c 1/�r/�.Lf'Qi7G• +/ JY _. or�DP+4 Zid /yog y S P•rm9:,, June 292 ec - Sec averse Lrins[rudi•ns • • 17899 Bromley Land Brighton, CO 80601 (303)659-4118 August 5, 2003 Joel Ritchey 22227 WCR 30 Hudson, CO 80642 Dear Mr. Ritchey: This letter is notify all property owners using the County section line access that we are requesting a Recorded Exemption for our parcel number 121323000017, located in Section 23, T3N, R65W of the 6t" 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, Gerald L. Glass Acknowledgement:/674-4 print name / ate s' ature pc: RE-3608 M:\PLAN N I NG\GeraldGlass-let-1.doc Co. Rd. 49 Co. Rd. 32 Co. Rd. 47 Co. Rd. 36 100/202 Co. Rd. 47.5 Co. Rd. 46 1100 00/203 / Co. Rd. 43 Co. Rd. 48 100/204 ✓ Co. Rd. 53 Co. Rd. 50 Co. Rd. 55 (Co. Clerk see(Road Book 48 page 139 Petition to extend road between Secs 23 & 24 T 5 R 65; North to River. 2/25/1886 Petition to open road: (See Map) in R 65 T 5,4 & 3 and R 64 T 4 & 3: Viewers appointed. see Book 4 page 178 4/15/1886 Viewers report accepted. Road de- clared open. see Book 4 page 200 5/13/1895 Fence ordered removed see Book 8, page 106 6/7/1900 Fencing ordered removed. see Book ,R page 613 7/15/1900 Petition to vaoateroad in Sec 36 T 2 R 65. Viewers appointed. see Book 9 page 9 also see Co 10/10/1900 Viewers report received. Road Book 83, pagel271 Rec ordered vacated. see Book 9 page 67 6/10/1901 Petition to vacate road on North line of Sec 2 T 4 R 65. Viewers appointed, see Book 9 page 225 7/2/1901 Viewers report accepted. Road accepted, see Book 9 page 236 7 10/2/1903 Petition to open road: Commencing North - section line of Sec 24 T 2 R 65; SEly to SE corner of Sec. thence South 1 mile. Viewers appointed. see Book 101page 127 10/23/1903 Viewers report accepted Road within Co Clk & Recorder's Sec 24 declared open: Also road Book 83, page 298 within Sec 25 declared vacated. see Book 10 page 178 7/31/1928 Sec 5 T 3 R 64; Sec 33 T 4 R 64. Grantor: Chicago Title &Trust Co. Recorded in Book 847 page 426 /Pc+'' rt.', 1886-0005 • ..RANGE T4... �` { '.'` � (' I ¢ bray ' \ :\ `` ....br / • • • r- .: 1 1 % .5 '! rR 3 1 i 2. 6 i ( 1 i ,„,, • 204 l __jniai f' . .. 1 • • I l 1 fir , '. . .,... . . :. : : :'-:'I'', ....... #. .11' . 'ii ,'I\-,,-,,,-.,:i':___..- I; .L. . g :i2, 12 j s I ` ' c2o 1`r .,y • ... r '•� If ii.T6N ESEEisI{kR 1..:( -,'.2:j:ii . --:-.•••'•:-• ...... . .-• - • t. • .. ter.. �, \.\` � s ryfa• 24 i9 za ! 2i �'j }221 • 23 zq � 1 ` ~ t • ` ad;18 • • { • _ .r _.1�..,� ,. / i E __. • = .6, �` .. 34{ 35 '. 36: 31 a � r / } I l� � �� Ls `e eL .- :,..:-.... ,...:::-.:-.•..•,,, :,..,,,T,:.„.„..:. m ' I` S: •r _ Ste.: ,. 4 1...,-.—___ru•Is l 2 I'.1-i7, 'f • Road File 4 4 RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: l 1 t 1 H Street, P.O. Box 758, Greeley, CO 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Applicant Name f7/f' PAe.,O f. t L AS3 Phone -P/J 65Y q//e Address /rJ�99 —Si''e>i/1L L��{i�r ILA 2 t. City,3.C°l_egrL 2,1 State a, , Zip 2906 fc 2. Address or location of access#`/, 1YE I/'' ,S1.2.2/97.-1A/If F? ►Y Section 23 Township .3 Al Range 5 /// Subdivision Block Lot Weld County Road 4 3® Side of Road A//oeT Distance from nearest intersection /310 fir, 3. Is there an existing access to the property'? Yes / No of accesses 4. Proposed Use: ❑ Permanent ResidentiallAgricultural ❑ Industrial ❑ Temporary O Subdivision O Commercial O Other ***************ss*ssssss*******************ssssss******s>sss*******s*************Y4**s”s**i#iisxsu:a“.e*x4 5. Site Sketch Legend for Access Description: 1; AG = Agricultural < ,7�Lu� •. — tb, RES = Residential A./0 20`}C N {ADC O&G = Oil& Gas D.R. = Ditch Road 2 s _ is N fry ,,5`-7-3/ait-65 ' B ) A 3a fiY JFcr/av Gn/g SAS€MEO- Fat rctass / CRESS WCR TC *************************** ************************** ******************************************* -**** OFFICE USE ONLY: Road ADT Date Accidents _ Date Road ADT Date Accidents Dace Drainage Requirement Culvert Size Length Special Conditions rl ssA/,-"/ ^LL46 V E L/C-A-) G 5- •#+ts#s#hs YY******#ks•s4********* *****#itY#Y******rss.+h**********#Y#Yrrss•Mk*kiisi***"*******s.ssxssssss O Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 Case # E6 .• 3Coo 8 Name LA 55 WCR Location A1 -50 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 by a Colorado Notary Public. An 8 % inch by 11 inch map, drawn, indicating type of right-of- way/easement; whether it is dedicated, private, or deeded to provide ,Ardequate access to the parcel. C/ The applicant shall supply written documentation indicating the adjacent landowners are aware that the section line will be used to access to your property. • Vihe applicant shall complete a Weld County Road Access Information sh eet. above information shall be submitted to Weld County Department of Public Works. M:\wPFILES\DON-c\Subaklist.wpd rest MEMORANDUM ' TO: Clerk to the Board DATE: Aug st 22, 2003 • FROM: Frank B. Hempen, Jr., P.E. COLORADO 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 Gerald L. Glass The appropriate documentation is enclosed Enclosures pc: Don Carroll, Public Works M:\FRANCIS\AGENDA-DonC 2003-2553 f, E,r,v7 Hello