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Home My WebLink About20012026 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 14 AND AUTHORIZE CHAIR TO SIGN - MARYANN CHUMLEY 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 14 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 Maryann Chumley, 555 Josephine Street, Denver, Colorado 80206, do Jerry Glass, 17899 Bromley Lane, Brighton, Colorado 80601, 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 14 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 Maryann Chumley 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 30th day of July, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: getki, La 'M.M. J Geile Chair Weld County Clerk toAtA,01 g.42-toK Glenn Vaad, Pro-Tdm BY: • �!. c Deputy Clerk to the ? rrciN, 5� Willi>�e�Ce APP__ROVED ST RM: ccJJII((Vic:Rol A L ou ty Att ney Robert D. Masden Date of signature: V Date of full execution: 3/a 2001-2026 pc, YiA), a , ,,,,,, . EG0041 Le- 3(Oq 5(09 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 -Jut y ,2001,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 MARYANIJ CUL( LEI , asSecondParty. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at TIlER. SIDE of 5FGTIont LINE BET Went 3-1-64 in Weld County, Colorado, and 34-2-C.4 WHEREAS, First Party purportedly is the owner of the right-of-way known as W j4 A DisTotuCe CC ¢of a IAu.c EAST o C NCR 55 and located as follows: to rrrr of oC -►-G4k 34 ,'44 bP N 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. Revised 5-24-01 Page 1 of 4 111111 III MID In III 2871569 08/03/2001 01:14P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO ani_ 0.;6 • 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. Second Party shall design and construct the ROW such that it is adequate for Second Party's needs. 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 Patty 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. Revised 5-24-01 Page 2 of 4 1111111 11111 1111111 11113 III 111111 111111 III VIII IIII IIII 2871569 08/03/2001 01:14P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO • 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. 11. First Party makes no guarantee or warranty as to the existence of ROW or, assuming it does exist, as to whether or not ROW is reserved or dedicated for public use by First Party. 12. Second Party agrees to contact all landowners owning land adjacent to ROW in order to mitigate the potential impacts the road design, upgrade and maintenance of ROW may have on such adjacent lands. Revised 5-24-01 Page 3 of 4 111111111111111111111111111 111111111111 III 11111 IIII IIII 2871569 08/03/2001 01:14P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO 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. 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, La COLORADO ATTEST: ��, Clerk to the Board1861 t t 1P=' By: _�� , t_z %S� By: p.GLri Deputy Clerk ,S® = M. J. Geile Chair v�� ' (07/30/2001) SECOND PARTY: By. heila? �� Title: .r SUBSCRIBED AND SWORN to before me this (-P day of c4-c--( , 20O By�� 1 a�)P\Or;B•.. SS my hand and official seal . NOTAgy•. i Notary Public pub L`C .9 , T ,r rt..... em- fission expires: 14,0//„IIq ......... IO NN ,• My Commission Expires April 18,2005 Revised 5-24-01 Page 4 of 4 1111111 111111111111111111111111111111111111111111II IIII 2871569 08/03/2001 01:14P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO foetwe Kai MEMORANDUM r n WIligC TO: Clerk to the Board DATE: July 24,2001 • COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the following item for the Board's next agenda for the Chair's signature. Non-Exclusive License Agreement for the upgrade and maintenance of Weld County right-of-way. RE-3198 The appropriate documentation is enclosed. Enclosures pc: Donald Carroll County Road File 2001-2026 r I •J eC, ,,,,r . • Road File u R RE: 3 it Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weid County Public Works Department Date: ',.) - 3 • CC r 1111 H Street,P.O. Box 758, Greeley,CO 80632 Phone: (970)3564000,Ext.3750 Fax: (970) 304-6497 1. Applicant Name RA-11-41A kW rlI 1.C.W L ..r/ L LLG P Phone, a Zc�l6 Address_116- eJooSLPt//'Q.E- Sr Ciry Paida State Zip O 2. Address or location of access Section .3 Township IN Range 6y W Subdivision Block Lot Weld County Road T / y Side of Road ,'oU.TN Distance from nearest intersection .26 90 3. Is there an existing access to the property? Yes No =of accesses / 4. Proposed Use: O Permanent irResidential/Agricultural O Industrial O Temporary O Subdivision ❑ Commercial O Other 5. Site Sketch 5.- 3R/ 'iJ 2— Cl Legend for Access Description: 12- 6q&V AG = Agricultural SG••i.' RES = Residential SSECrY ��'�� Wilk O&G= Oil& Gas D.R. = Ditch Road A d V m OFFICE USE ONLY: • Road r'V Sec. Lrnt ADT 4 Date Accidents Date Road ≤C ADT 'Jon Dace Zil Ft!'" 5c Accidents Date r Drainage Requirement Culvert Size Length Special Conditions ******************************************************************************************a**************** O Installation authorized O Information Insufficient Title: Reviewed By: 8 Jul -23-01 09:49A P.Oa Weld County of Colorado Public Works Department 933 N 11th Ave. Greeley,Co. 80632 July 23, 2001 Subject: ROW for RE-3109 Attention: Donald Carroll On Monday, July 23, 2001, I discussed the ROW issue concerning ROW of Weld County Road 14 with Mrs. Shirley Fritzler(303 732 4880) who owns the property on the north side of WCR 14 ROW. I discussed the possibility of Weld County using 30 ft. of their property and 30 ft. of the property on the south side of the section line to make and maintain a road on the subject section line. Mrs. Fritzler knows that there is a lane presently in place on the ROW and is used to access the properties east of WCR 55 on the WCR 14 ROW. She further understands that the ROW is there for possible future use of a count road. This concludes the ROW research for WCR 14 and access thereof Agent: Owner: Jerry Glass Mary Ann Chumley 17899 Bromley Lane 555 Josephine St. Brighton, Co. 80601 Denver, Co. 80206 303 659 4118 303 377 7459 2E- 23e07 T ACM .,.• MP TFO 'i BI TTPGRA hietThe—MTNANC : .E llealM 'Y RT HTMF-W made and=t a &intothisu-&'of Die '_'IL,by THIS C A TRADO,by and through the Board of County - Commkaioness and between WELD COUNTY, whose address is 915 Tenth Street,Greeley, ofwe�ldCoanty,Colorado, whose � Colorado 130631,as First Party, r i tt�eten CO 8t1122a is nd P' ' addreaals — wr1NESSETH: desires to more effectively access property located at WHEREAS,Second Partyin Wdd County, _ Sec 34-2-64 ' • Colorado;and WHEREAS,First Party is the owner of the right-of-way known as and located as follows: _ - a etween Sec ion and 4 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 upon the conditions herein staontained herein and the ted, Fast agreements of tid does party to be n performed successors and��a license to upgrade and sued.,Fnst Party does grant to Second arty. maintain ROW. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. Frost Party:retains the right to rehire Ibis License Agreement at any time fix any reason. Feat Party shall give Second Party written notice of its intent to revokSuch e this License be Agreement at least ninety(90)days prior to the intended date of revocation. sent to Second Patty by Certified Mail to its address wa�aabove or served upon Second Party in accordance with the Colorado Rules of Cie Procedure. Second Party shall lave the duty of informing Fast Party of Second Party's change in address£n his address written above. The upgrade and maintenance of ROW by Second Party shall be done in such manna 2. prescribed by First Party,which manna shall include,but not be limited to,the following: a. . Section line accesses shall be graded and drained all-weather roads. PAUL R. J _ e acA • EDRIC GREELEY DORUDS '� F STARKE w cE"Km NATIONAL SCHMIDT SHERI L. Z L.E. m 1 SHARON L. BANK, SIRIOS S ''� w etas LL � 11 awry I MINNE TRUSTEE TCN e101 `; 3•20W w 3 21 '1 2 23 2a p JAMESL 8 GREELEY J a STANLEY aw FRANZ P HELEN I. �1 00 JOHN H. B ELMER J. T K SIRIOS NATIONAL J �J I GINGERICH „ 8w ARNUSCH A , BANK, Y O.- NEVA R. KAUFFMAN T o; c • TRUSTEE KELLER et or / , 0 H.E. J / eta I. MU 18 �TCV JAME O ' �_, TRACTROBA.UN DAVID E. B KELE BPIPPIN e1a�MARIE K. BELLaPaulva. 2 LICKLKEENESBURGI t, JOHN B.& SCOurE BRNAK WALTER R. TRACTS ��RUBEN SHAARON INTERNATION- AL GROUP,rin J�� et 01 wf ,� a o+a <.: IGARTNER TCR �' K 16 MARION A. & DONALD MART LYNN A DONALD L. ROBINSON WILLIAM H. _rvN rul n n BIRI 4LOAN 51 53 55 JOINS MAP 41 57 59 61 - I �y yIn STEWART w= I-WJ 35 36 STATE GAME, 3 >CO EC J N ROBERT A. BUR DETTE ISM 8 JAMES L. J V ma r SHIRLEY F a Z A a Ds REMER Ox¢ a ERNEST J. LAKES FRITZ- 'JOAN K. HALE ¢ALL LER z N SHARP,JR. ' DUTCHER PARKS etal 4 a 7 COMM TCU Li M i..... `—'STATE GAME, A < iC ARC 0. mar RT . FISH 9 PARKS i a Ra SIRIOS maw; FAMILY COMM (uel< $ Z �J W ti RC r ecatcR t 4 - -_- q n 2IJAroIICLrK1JOHN M. F �, . A . HERBERT $' IIRVIN faoo G.B Af'•ERtIONRT L. ��' \ .RIM MER HOI E•3 K TtW ' NKf 32Tc. Aaa a- aAUK- MARVIN 0. fill S JOSEPH JOSEPH �` "R°i: R19 SHIRLEY .I STANDER JAMES BRNAK 1 Li Y p v=i 'IeM�« c� J` BRNAK J a 7 ; $ aa 8 W 9 IO ♦_? a=Ym 2WALTERE. � Z .< Ia STEVE A. PQSTELAKANNANv " "ANNA �zrSIEMe� ~ " ' laucT� BRNAK W� BRNAK xI—W RI 7 2 F Q It 3z i GEORGE `W _� m• m A.H.CxxOLS In J d �i r=L iY'.TURECEK.JR- �Cf An 7 , RR a• m ' 10 RMRv RT M. WILLIAM W. KENNETH 1 ALAN S.8 RONALD SWANK 1 STATE WARREN SCHREIB-) B CEM ILINDABRRY L. Y U GRABRIANSUE �' W W VOLE IKc t'SI 1 CC w 16 1 0 15 JQ : STEPHEN aK: aW Y • J.& IRICHARO RUST ROBERT L. 0 ¢ y a I_ z ¶KRISTINE • WARNER F - X t- < 8-CHREIB I L1HEIN ANNA 1 et el m u VOGEL I BRNAK 1 ra- - S ROBERT L `d ' ROONEY E. 1 72,40asu, EAGLE WARNER • ELSIE 8 SYLVIA swpze JACKSON 1 PEAK 1 a TURECEK I FARMS, Sotto J• LTD. / St.l 21 22 d= a ENNETH24 1 q RRoa�ERTiuui e 2 , I gCE M. JOHNNIE • MITCHELL -JO SCHREIB•- E. co o I VOGEL JAKEL 1 I ISHERRv �� e• a. R. e• .O GLEN S. •PATRICK L. !WIGAARD r SHELLANE D. 'rc ICE CHRIS B OOUTHIT BSHELLEY I H•I 43 ti1 KENNETH a CHRISTINE ¢ CRAIG KRAMER ttol e urcc M LEAVER O o 1 sole Iii 29 28 27 ip, ;. liar e_., VOGEL 5 woo LTJ - Ca srli . PARTNERSHIP PROSPECT ' zt __-. I . P w RESERVOIR T vCE a -I Hello