HomeMy WebLinkAbout20031384.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND
MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 29 RIGHT-OF-WAY AND
AUTHORIZE CHAIR TO SIGN - ROBERT AND JOAN TAUER
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 29, 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 the Robert and Joan Tauer, 1638 Weld
County Road 29, Fort Lupton, Colorado 80621, 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 29, 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 Robert and Joan Tauer, 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 2nd day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
ATTEST: faraticl�®
avi Long, Chair
Weld County Clerk to th0 52ord J r}P
Robert D. Ma en, Pro-Tem
Deputy Clerk to the Board 'a y
-- M. J. eile
AP'R D AS O 'M: k
William H. Jerke
±gnure %
:
2003-1384
CO Pt; Pco, n 110,47 EG0047
088
NONEXCLUSIVE LICENSE AGREEMENT FOR THE
UPGRADE AND MAINTENANCE OF WELD COUNTY
RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this
day of 414k' dO , 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 Robert M. Tauer and Joan K.
Tauer, as Second Party whose address is 1638 WCR 29, Ft. Lupton, Colorado 80621.
WITNESSETH:
WHEREAS,Second Party desires to more effectively access property located at PT,S2,
NW %, Section 28, TIN, R66W, Lot A; RE-3530 in Weld County, Colorado, and
WHEREAS, First Party is the owner of the right-of-way known as WCR 29 for a
distance of mile south of the maintained county roadway and located as follows: 30 feet of
right-of-way along the west section line in Section 28, T1N, R66W in the 6`h 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:
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3072088 06/12/2003 01:21P Weld County, CO
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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.
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3072088 06/12/2003 01:21P Weld County, Co
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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.
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EXECUTED IN DUPLICATE the day and year first above written.
FIRST PARTY:
WELD COUNTY, COLO : 1O, by and through the BOARD OF COUNTY
CO IS krOF Y, COLORADO
ATTEST:
Cle to
1861 ott?
By: _ _i. . `[ l By:
Deputy Clerk � �A David E. Long, Chair
"r, (4/4,;7003)
SECOND PARTY:
ROBERT M. TAUER JOAN K. TAUERr
By: By:
441
SUBSCRIBED AND SWORN to before me this 7O day of ' ' (a-4..y , 20Q3
By�o ArJ k . Ty tx.se-�- ieo b tC H. —T'fa uLEAZ, Q
WITNESS my hand and official seal
aye
h~ b 2 Nota Public
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3072088 06/12/2003 01:21P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
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1638 WCR 29
Ft Lupton, CO 80621
May 5, 2003
Donald Fetters
1751 WCR 29
Ft. Lupton, CO 80621
Dear Mr. & Mrs. Fetters,
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 147128000006, located in Section
28,T1N, R66W of the 6th P.M., Weld County. When that is granted,there will be the potential
for 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 singing and returning this letter. We have included a self-addressed,
stamped envelope for your convenience. Your signature on the certified mail receipt will also
acknowledge notification.
Sincerely,
myxisjet
Joan& Robert Tauer \ /(
1638 WCR 29
Ft. Lupton, CO 80621
May 5, 2003
Max & Mary Lou Moler
1714 WCR 29
Ft. Lupton, CO 80621
Dear Mr. & Mrs. Moler:
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 147128000006, located in Section 28,
T1N, R66W of the 6th P.M., Weld County. When that is granted, there will be the potential for
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. We have included a self-addressed,
stamped envelope for your convenience. Your signature on the certified mail receipt will also
acknowledge notification.
Sincerely,
/
Joan & Robert Tauer
SEN•E'.: :;OMPL 1 TE THIS SECTI•N COMPLETE THIS SECTION ON DELIVERY
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I Form J800,June 2002 See Reverse for InsVugwns
MEMORANDUM
inipeTO: Clerk to the Board DATE : May 27, 2003
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Item for Agenda
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 Robert M. and Joan K. Tauer.
The appropriate documentation is enclosed
Enclosures
pc: Don Carroll, Public Works
Mi vPRANCIEVAGENDA-2.DOC
2003-1384
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