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Home My WebLink About20012502 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 17 AND AUTHORIZE CHAIR TO SIGN - RON AND LAURA NAUTA 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 17 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 Ron and Laura Nauta, 8251 Weld County Road 98, Nunn, Colorado 80648, 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 17 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 Ron and Laura Nauta 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 5th day of September, A.D., 2001. BOARD OF OUNTY COMMISSIONERS WELD C TY, COLORADO ATTEST: I1- _00 - is a` LlG M. Gei e, Chair Weld County Clerk to t ~, ,. �,v,q BY: i • ;�%g�r.,w`V ,,ql�� Glenn Vaad Deputy Clerk to the B.:rd -r-1 --' {/ A.,). Wil H. Jerke,6 r AP V AS M: cu� l_ 4 C David E. Long �w�� ounty Attorney EXCUSED DATE OF SIG ING (AYE) Robert D. Masden Date of signature: ��-� 2001-2502 F JAL:Lain Pa) EG0041 • 2C- 3i4q, 797 • NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this..-4 -day of Auc,uh'i 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, f Greeley,� Colorado 80631, as First Party, and I3or. IANo LAURA NAu rA , as Second Parry. 82_5r Herz (ifs N..ns�I Gee. ahb4f-S WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at �ri Kc2 s ioe i}�c ScGT(c rJ 1-' - z f3eTw%3E+-) in Weld.County, Colorado, and seg.poe-is 33 SIN, R‘i_7 -i WHEREAS, First Party purportedly is the owner of the right-of-way known as inert 1'1 fail A oIs TA4Le c etic miLIZ 1.14=ArK top wu2 q5 and located as follows: c; u -� -_ 2 T1�r S:.t'o JS 3a 40.10 'ztr.y wok,.ccT V.p 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: I. 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 1 {111{{111111111111 111 11111 1111{ 1111111 111111111111111! 2885797 09124/2001 01:22P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO 0,400i-asoq 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. ' ' vim* • e stat r n s h_ §er aheeseti i .''+ rve}q+lhnredandpazd a zj.`Pav y ,10,1141W1,4014-04 he: 1-01ttd ties ofthe RQ, ; 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 far 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 I IIIIII VIII IIIIIII III VIII VIII IIIIIII III P !Y" " 2779/24/2101:22PJAuki Tsu 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 aogreements 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 he 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 1111111 111111111111 III 111 11111 1111111 III 11111 IIII IIII 2885797 09/24/2001 01:22P JA Suki Tsukamoto 3 of 4 R 0.00 0 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, /� COLORADO Al1'EST: �NI Clerk to the Board ,mu By: `, i - • � .R,.:. 1,r. �� By. Deputy Clerk I 4, . J. elle , Chair �LJ � � (09/05/2001) SECOND PARTY: Title: (),,.)tr‘Pr� SUBSCRIBED AN u u D SWORN to before me this a4� day of 20 /- X11, By 0/2a,/c( , . ./0 IU/ ' 'z-'e I 12t2 /7 q u t WTTINIFtS�3'arry hand and official seal a-� Notary Public sr;My.corlig scion expires: 07//8/o200y ` vrc� Revised 5-24-01 Page 4 of 4 1111111111111111111 III 11111111111111111 III 11111 llii IIII 2885797 09/24/2001 01:22P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO S88'00'29"E 2681.70' I II PROPOSED 10 AC. I t4 EXEMPTIONca I NW%NWt4SW I U N z $ O O 660' 1 On ? I ti 1., I I W 1/2 E H82.05± ACRES 81.75± II 30' COUNTY ROAD IaGKT OF WAY AS PER BOOK BO'- IL N PAGE 27 IJ I J 0 Cr ' ' 860' m q u N Imo 8 PROPOSED IO AC I EXEMPTION 251464SW%SEY4SW/, I� • _ ��- -- N88'26'1 2-1N I-' - 1 -� -� �. 2465. b q Lot Exemption LAND IMAQE≤ we. Ef".1) imillill Site Plan �. tkdt.na.-&wrro .Aa Pte„ .e....,, «lbM..O.m. EOMRon & Laura Nauta Property Weld County Colorado This is a PLANNING Eeenent only. tom 01-16 Re Sir Sheet u Drawn Br TS NOT FOR CONSTRUCTION. Rater to Civil Engineers or 0 200 400 Checked By me Construction Document drawings. Oats. 01616/01Of 1 Scale: V=400' (/L / y-z (':_. / 1, 4C-E_ LFCC f C (2- :Z C., z(c.! r_... r� (_-1/4____ , (i./,{.c_ C G__�' C„- t L L+? C /.sz ,"l_ Lf4 Li'Tj i .'Set-, <_2- cc c L. t. ic'. _ii/ ;.-“:-E [ C., /<?, G (— / ......--1 /__-4- sv /,7G“L=C C er. �1 I " secr: on, 33 r 9N ) R 67W, 6 em. toe Lc) Garry -PARC EL q _ Iv" �� AIR, �Y3 S o7Y� � � PAPCEL ,1 E IZ s w %y - 33-7-6/ • EXcc ,T Sw '7 y SE '4 orJw / 33 -, 67 -5-\1 )I� N A to p < 1106# F Z 1 cf.F 4/4,46/9 ,/Z 3 4 ; ROA) /JAO4A 4400- ?:‘ a - .� ,( eso' Atho T/9 2‘\:, NO LA) eIA Cite Rd . Q5 PA2c_ C 13 S w /y s F /y OP JW //cy 33 - 9- G ? , 77)AR C'FG a iu4 sw //e/ 33 -- 7 - 67 5 x 5?r Ai w//yx,w //j/ Chi // 33-9-6.7 . Jun 29 01 01 : 45p p. 3 Road File N RE: • Other Case No. • APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Worts Department Due: 111 I H Sate,P.O.Box 758, Greeley.CO 80632 Phone: (970)356-4000,Eat.3750 Fax: (970)304.6497 1 Applicant Name Ronald Nauta & Laura Naura phone (970) 56$-3147 Address 9248 N. County Rd H City Fr Cpt'ina State P_Zip 80524 2. Address or location of access WCR 98 & WCR 17. N.VLCorner Section 1"t Township 9N — Ran 6.7 W Subdivision _Block Lot Weld County Road a Side of Road Distance from neatest intnection 3. Is there an existing access to the property? Yes__ No_ d of accuses 4. Proposed Ust • R Perbabent 0 RzetdentiaUAgticultural U Industrial i 0 Temporary 0 Subdivision CI Commercial C Other 5, Site Sketch u£ �w AG ad!k cutuaDgetipUen: ier Le Residential ' ftES - Raaidenou O40i• Oil kOes v* D.A. . Ditch Road t d 3a 33 - _ . . • SSE---y } I I z • . __...J OFFICE USE ONLY: Road ALIT __ Date Accidents Dale Road ADT Date Accidents Date Detente Aequintment Cuban Size _ Length Special Conditions a lnntalletion authorized a Intonation Insufficient Reviewed By Tide: 7 __ . ._. . .. _.. . . . . ...�_. ; MAP • _ R67W 7 W JOINS MAP I I l0 �''KENNETH J. H. GLENN NOLA N. it & ARLENE I & SONJA K. I I& CATTLE Y LEND GREG R. d3EAZ I PIERCE 6 II BURNHAM =? HUTCHISON & CO etaEs _ IIMJ b 4-w� 3 2 II I _ o� A WARD H 1 (FISCHER eta] DIEHL THOMAS E. 0a RICKY JOSEPH GLENN R. a KATH.I I a SONS 27a DIANNA 1y IGLENN II M. N. �ql SHEFFLER INC. fo3 HUTCH- SI MONET muJ z MAEI VARRA IIS0N- _ ___- .`m oc. X106 DONALD E. &�I l —� a SIC NANCY A II ? J.R. 1rTRACY - ' L0NHART , DIAMOND AUGUSTUS a 7 I�8 FARMS EICHHEIM o �a� z \ E� 9 a 10 II 12 To ��o� WARD H. I I FOUR V z N LDVE_ a ec w 1 RICHARC FISCHER II INVESTMENTS, a I- LAND z etal ( INC. J a 1 SSELF JAMES T0RAGE GUEST R tx Cc U c �SHIRLEY dOB 6I----- . _ _ CC L� CC m BARNES ii GREG R. TRACY A e"T II REEVES etal R HEDIEDE K EICHHEIM STEC o STATE R. HEDIG�• STEC . IB 2 II 17 ) I6 15 J2 14 13 1 a_ II ' -. I ----) IB, 104 I, HAROLD F. &017 RICRARITQA, �s REN R. & FRANKLIN E 1 - =-"I L MARLENE K. HOBART JR. TRACY SIDWELL II SHIRLEY L. ART UR W. JR. II LORI I I BARNES BRO Le ROY A. AUGUSTUS NARVA z 2 19 2Q-- 22 gI EICHHEIM I I Q� I I Le ROY A. & 0 23 • BARNES II MBAR 9 I c -,c _�!BELLMORE \FARMS,INC. I I I FARMS, I± is 1021 r7un, I L,-„, LAND JAMES L. ‘7,,In DENIS 0. `� at. RANDOLPH UCF .. WAYNEL. Iu J 12 Z RTSHP. BARNES c04 HAGEN a 1 05 1.� � �ao Cc( Dw 1 Lai L, z zl FREDERIC ' oaMON r`R°I —30 - 29 crm 28 �� _ �Q o HEDIGER FARMS 2 I-' TG w> �uj o�, mw 27 a<c26�r-ail 25 3� ` i Ft=p =� �z oQ� aw l - S R0Y PEOGY (BROWN t lei i>i u)�U 2m o> I=—O> <L.L.p r a¢ BELLM0REI a LIVES . 100 MEINARDJr ROBERT BARNES r '�d�� I INC. aw4R J. FARMS,INC. "CHARDQ & s II ETHEL V. RANCOUR RICHER IBISETTI I IRLEY L. 2 : II AYERS II STATE RN 1 EDIGER WAYNE D. > .i r -7 F 3 35 II 36 31 I WOLFS a wz c j H I RICHARD 0. II ELMER A l l I Rar A. 9B I eml m w m¢a _ n BARNES •II HANKINS II •` •'EI 1¢ • I3 15 17 9 21 23 JOINS 25 MAP 8 27 - - 414* t111 MEMORANDUM woeTO: Clerk to the Board DATE: August 27, 2001 COLORADO FROM: Frank B. Hempen, Jr. Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the following items for the Board's Wednesday, September 5th review. Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Lee and Linda Nauta (RE-3149). Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Ronald and Laura Nauta(RE-3148). The appropriate documentation is enclosed. Enclosures pc: Donald Carroll ..J i."J 2001-2502 Hello