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Home My WebLink About20033332 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 21 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - MICHAEL MCCRERY 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 Weld County Road 21 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 Michael McCrery,825 Country Club Road, Fort Collins,Colorado 80524,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 Weld County Road 21 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 Michael McCrery 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 8th day of December, A.D., 2003. BOARD OF COUNTY COMMISSIONERS 'was WEL OU TY, COLORADO ATTEST: Lid La �% , ; D id E. Lon , Chair Weld County Clerk to t,=�l '' .a00 tzp 1 C� '•°� 7 Robert D. Masden, ro-Tem BY: /i , _ . ..� ti Deputy Clerk to the Bo EXCUSED M. J. Geile APPROV AS TO F H William . Jerke � ounty Attorn y l7: H ia�i lenn Vad Date of signature: 4/O,6O/ 2003-3332 Ce , Jr ( EG0047,1/4//J 949 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this I Cj . day of NCVg1ber , 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 Michael J. McCrery, as Second Party whose address is 825 Country Club Road., Fort Collins, Colorado 80524. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at N '/2, SE '/4, Section 22, 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 21 for a distance of 1/2 mile north of WCR 102 and located as follows: 60'of right-of-way between Sections 22 and 23, Township 9 North, Range 67 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. 1 111111 11111 Ills 11111111 1111 1111 1111111 III 11111 1111 1111 3138949 12/24/2003 12:25P Weld County, CO 1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder cR003 - 888a 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. 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. 11111111111 1111 UHF 1111 1111 1111111 III 11111 1111 III I 3138949 12/24/2003 12:25P 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. I 111111 HII1111EMI 1111 III III 11111 IIII lilt 3138949 12/24/2003 12:25P 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�� O WELD OUNTY, COLORADO b� ATTEST: Clerk to the Board •ti ie' ' iCa .� By: B ri �.� a y: Deputy Clerk David E. Long, Chai DEC 0 S 2003 ‘c21O11<s\kj SECOND PARTY: MICHAEL J. MCCRERY By: eVe SUBSCRIBED AND SWORN to before me this Or day of h79,414_,_j_,_ ,201),3, By: Ade M " WITNESS my hand and offer..-r1 • IH'M• / i / : Notary Public • • • G� I S My commission exp Ili' . . i;: t%, • „ •�— MAWPFILES\ACREEMNT\Non-exclusive\McCr '"'�T I Mill 11111 IIII 11111111 IIII IIII 1111111 III 1111111111111 3138949 12/24/2003 12:25P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 3-333a WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: i' - i..4.-,-.L. Date: f1-- O is - p RE# : . 4,7Ci4 Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley,Colorado 80632 Phone: (970 )356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name PhoneOpa )•f t ` 161,1 Address `' C City C State CO Zip 0 DI 2. Address or Location'of Access - C (LII,4 if-Z 11�t ') 1 Section )) Township q N Range 6-t Subdivision Block Lot Weld County Road#: -Li Side of Road t1 5t Distance from nearest intersection /� rf,(Q', 3. Is there an existing access to the property? Yes No # of Accesses I -•:-A- 4. Proposed Use: O Permanent E5r Residential/Agricultural O Industrial O Temporary (j Subdivision O Commercial O Other **t*********************t*********►*************t***************************t*************************.**********************t* 5. Site Sketch • Legend for Access Description: AG = Agricultural L._ RES = Residential ID cam— w--- '�`--' �^----�^ O&G = Oil& Gar. ,J Un�ic D.R. = Ditch Road SEGr/o O = House it, lob O = Shed U — Z z O 1 J N Ni .4 1 10 ) OFFICE USE ONLY: Road ,;,►-i '5, `--- ADT Date Accidents, Date Road r.O L.._ ADT f Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions 0 Installation Authorized O Information Insufficient Reviewed By: Title: -7- 'i a,.�.. - n �r Hari Wi�+� » g, -' C+:.: 4z}•�1� : 'pF NSt adz'^� .� k - _ � �e; }. '� fir F :. a t 5 's e' . �' - 7' 1 sn i ..mrr '' - -klk s' - *ey' q r}iL ll: Fr _ Y- 1 t.#s . t '' r'- s tats P i A ay -_ a's. yi _ iti z '1 at.. II iY t ..e..„,.',--:W;.:.---- 9 '@ .• . i F :--1- -yam 'i f e x5Y --3t.,'"{ yam fir' -:.'s-. s'x s.{� .x ta, fit � �R4: .tw� } . a 1 ' may..., .x�AJ ¢ .-3- $a�frt#,; hx q-.. + M - A. 7 rs d firs K�I.'x7� 4^,irsay v` ._r i+> __- i / y .{n F ayy ., yt y+� : y •t P e -M. t 1W,.- iY „ t. r . F, :+^. ' �s ¢{ X1 - } fir' Y .s- t.� _y#'{`. j F'e r *w F • - x a ' '711. ' P te. 4•a 2 v} s ''-',-......-,-;,,,:e' , mac r.? c�... i ,� t . rt t -f i' .3 •,mot i A :-..4-,- "31 .n"`- t �' �g 'A s F ₹ -' x ii - i ' { is �- kJ ..,'q� r s 7n +i - ,'ro t .. -„,:„2„ Zr` w -.:`;',../:: +Hs E >s � .^♦1 f Y " •t.--•<-,;<i';'4_l Y EF 9_- 'a 'Y �.J < 5 A. 4 Ay .may st .,,9 C$4 .3 i SX4w.r3 fy� Y { (�^ " .104" S • • .1-`,V5.1„-"- - a5 k.: _- vs2.rn9w.ri �_. rs�^�n-: -• ---,-- ---- ,2.0 .aae.,nac ,mrw ez.*`3 •40- syjy' d _i' „fix rt .. },jam _ d Y 1 ,y 4; �� Y d a5 f F fi.•a 'rfitika 22-u.:12-:'..".• aF.;. f L i tr 9'zr' -. Y ._� + +_ 4 3 a S -<- '-0d' ,aS t s ..�+y '^d`+ _.:§tiu�6+�`3ax n x . C- i R ate, ,...«.- -?,ii„,,,,:-.2.,e,„,uy4 s -� tit X51 't ".e' -g::'- ; -,.-fie x i if-,,,;,�'i.'&t:- -.-- '-',- Z _ k 3' . � o -. a Yx s ...1,.....e„,,,.:. " r{- r � :t -to rife,- [3� �s,a' ��♦" a �5 ._ `m3 SL ? : #1s- 3 , 't '` Y, Y ? t x H f ^x 5 � S r 33� - �k }"y`?1 r -if)45c e �`' ''',--<-1:-. s,>H i Yt ✓ +', '�- 3fi wvru 'C a A.i sY # a. ^^4 --<1: gip° F Y s ^" at ?F sr 7 Rye'' x ' ;Y to�!^- ? ,oc, � >''t >,,,�::IR =$'i>a',ca ":Y`,. a - r �`J 825 Country Club Road Ft. Collins, CO 80524 November 10, 2003 Tracy Augustus Eichheim 2111 Black Canyon Road Crawford, CO 81415-9554 Dear Tracy Eichheim: 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 045322400012, located in Section 22, T9N, R 67W 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, Michael J. McCrery pc: RE-3691 825 Country Club Road Ft. Collins, CO 80524 • November 10, 2003 E. D. and Betty Robbs 9991 WCR 102 Nunn,CO 80648 Dear Mr. and Mrs. Robbs: 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 045322400012, located in Section 22, T9N, R 67W 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, Michael J. McCrery pc: RE-3691 SENaE': CeM•LETSTHISSECTF•N C•M•LETETHISSECTHN •N •ELIVE•Y • 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 // ' Addressee so that we can return the card to you. B. Received by(Printed Name) C. r to of r=ivory • Attach this card to the back of the mailpiece, - or on the front if space permits. • // • I - 0 D. Is del address different from Item 1 O Yes 1. Article Addressed toj Kg Nis If YES,enter delivery address below: O No 9 ICH Wo Io1 Nuns , Co 5-04% 3. Service Type O Certified Mall O Express Mall ❑Registered O Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service label) . . PS Form 3811,August 2001 Domestic Retum Receipt 102595.02-M-1M 1 iw SENSE•: CeM•LETETHISSECTI•N C•M•LETETHISSECThN •N •ELfVE•Y • Complete Items 1,2,and 3.Also complete A Signature Item 4 if Restricted Delivery is desired. 'ILO Agent • Print your name and address on the reverse Q O Addressee so that we can retum the card to you. B. Receiv= (Printed ,me) C. •.to of Delivery :. • Attach this card to the back of the mail iece, 1 or on the front if s .. permits. P 7;t4 `C -t..... / -- -O D. Is,_Hery address different from Item 1 O es 1. Article Addressed to: .. • If YES,enter delivery address below: O No I racy f uya5tu5 Fichht1 i IIrI1I 13.''lucK pp�� Cuayon yyr Ra4u `I N�Yfoed C V gilt,- `,/ fl 3. Service Type ❑Certified Mall O Express Mail O Registered O Return Receipt for Merchandise ❑ Insured Mall 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 to259cm.M-t510 UNITED STATES POSTAL SERVICE First-Class Mail `��F2 1 4Ara _ Pgsijh {e,@�s Paid ed M "i j 'Permit Na Cir10 • Sender: Please print ur`g t e, dress, ancLZIP i! hiSSbO&tztSrvicc!' M,c hue I or 0.c cooft,, i club &oac(. I`ori collirj co 505��1 a nul,nmrlrlurlririnlr,rnlrr ,,,n„n n,r,iri,irl„rri UNITED STATES POSTAL SERVICE III I First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender. Please print your name, address, and ZIP+4 in this box• Al 5 el m°Cree W . cow/dry club Road Fora cd II 165 r c o 5o51tt IlrrlrllrrrrirlrrrlIIiiurlrrrlllrrirrr111111lrrrlrlrlrlr,rrlli I •_i‘it, MEMORANDUM CTO: Esther Geisick, Clerk to the Board DATE 12/1/2003 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/ ounty 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 Michael J. McCrery. The appropriate documentation is enclosed. Enclosures pc: Don Carroll NI •i rancicASignawreltem.DOC 2003-3332 Hello