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Home My WebLink About20010965 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 51 AND AUTHORIZE CHAIR TO SIGN -TIMOTHY AND STEPHANIE FINK 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 51 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 Timothy and Stephanie Fink, 24868 Weld County Road 40, LaSalle, Colorado 80645, 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 51 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 Timothy and Stephanie Fink 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 28th day of March, A.D., 2001. BOARD OF COUNTY COMMISSIONERS A WELD COUNTY, COLORADO ATTEST: �� ,1441 //// � ��'A� „ EXCUSED DATE OF SIGNING (AYE) "`"wt� 111 fait . J. Qeile, C air �i��°- Weld County Clerk to the �� • �� r� 3'�* �Glenn Vaad, riff- em BY: Deputy Clerk to the Board` r! , K', William H. Jerke AP OV AST • EXCUSED vi E. Long my Attorney Robert D. Masden 2001-0965 EG0041 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 14 day of March , 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 Timothy J. Fink & Stephanie 0. Fink as Second Party. WITNESSETH: • WHEREAS, Second Party desires to more effectively access property located at l fit A of the E 1/2 of the NE Quarter, Section 31, THIN, R64W - in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 51 for a di stance of 440 feet +/- and located as follows: 60 feet of right-of-way between Section 11 and Section32 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 Parry in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Parry'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: 1111111 11111 1111111 IIII III 1111111111111 III 11111 1!111111 2838516 04/06/2001 01:20P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO 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. 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. 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. RIM VIII IIIIIII III III IIIIIIII!!! JL!J1Y" "I II 2838516 04/06/2001 01:20P JA 2 of 4 R 0.00 D 0.00 Weld County en s . 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. 11111111111111111111 III 1111111111111 III 11111 IIII IIII 2838516 04/06/2001 01:20P JA Suki Tsukamoto 3 of 4 R 0.00 0 0.00 Weld County CO 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, ►tLO' PO ATTEST: Clerk to the Board -'7 , i !`. Deputy Clerk '' :i.:�: M. J. le , Chair (03/28/2001) SECOND PARTY: By: ernyK1 i pe1 Title: nwtier,yS S CRIBED AND SWORN to before me this /c/'day of /r?arC A , 20� B571(2/71 / GrQ� llr)1t �yw �Cc,rt4—e 1-141!- WI i S my hand and official 0 seal p°4. •... ••• G '•,. F... ;��.,. •A Notary Publicitt/ m cy . d4 _ My commission expires: MY COMMISSION EXPIRES: 10-22-2003 �4� � ;:... m:\wpfiles\agreenmt\non-exclusive\nonexclusive-form.agr.wpd updated 1/23/2001 1 111111 11111 1111111 1111 III 131111 11111 111 111111111 IIII 2838516 04/06/2001 01:20P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO FAN amn MAP30 R 64 W JOINS MAP 22 aw THOMAS C. JR. BRY GLADYS EVERETT D. 'o OAK DENNIS J. BRZ m aJERRYE B. VIRGINIA E. g m> cea AMELI( H o o¢ WILMOTH STRADLEY CHARLES 0. O. BELINDA G. r -Im F HOSHIKO For le re EZJ et al et al a SITZMAN KISSLER QFN eNW LEONARD et al amm -,Lo JACQUELINE oow yapB J. qM ENDOLA M1 aJp JWQ CONN ELL MATTE NANCV N.<OC INa c + '� OAR O KALLSEN OO0F Ko ENIG,UALI Q 0 D w r LI.THOMAS C. I 3DAN J. JEROLD J. 2 AMI, IDA < THOMAS S. p �0 DAN CASCAQE BALICE L DINNER HAROLDE.B RS OPDYKE Q 9 JERRYE B. CATTLE co. OSTER HOFFMAN FAF JUDY A. 6w en CLAIR WI LMOTH .- FRANK Iar et cm wad w`!' B.DRR VERNAL. 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HIGHLAND WALLACE L. coW Tz OSTER LEONARD U UAW*.LL o 1- BOOTH OU y DANIEL S. : 3g ^' , JOHN W fi Owm LAND 9 co D_ r w ,,,° mo et al tres m Q d- BERGGet of ' J" oev MILDRED R. 3>Kr LIVESTOCK 'LLNi VAS ROTH re tr w oz CO. 42 MARK R. ROBERT A. 1 COLVIN M. 3 . STEVE m DALE F B NERDST CC SJRE WART, JOHNSON / COME zCA m ¢ -o Cr DARLENE J. BO, et al 'o w. als'l O o DINNEL LA �d 30d 29 w= _ wo 5 m v Ll, az 28' m -7x JOHN W ¢ ac MYRTLE A. J w 26 • BROSNA- w mz 1 THOMPSON oz, Q HAN CO Cr I <5 M RICHARD W. gw- CC co , z_I¢ BONNIE L. o z w TRU ETEaL .F� .� , i s p WIARDYCENDLER 1 Lt GUTTERSEN r ` / J 5;40 • et QI 81 CO. JOHN D. DIANA M, 31 \ll`�`i i< 32 33 app LANE 34 35 VUF (OWN EV' 0 VANYC_0-¢ OccD= LAWRENCE X1-1 - OICL F-U. 9 CAROL M. • _w GITTLEIN 38, .✓ 49 51 53 55 JOINS MAP 31 57 59 EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 4 NORTH RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN WELD COUNTY, COLORADO )UHT" ROAD 40 30' RES. ACCESS ROUT)3/4• DIA.ROAR 941714 A 2 1(2 DIA. ALUM.CAP,PLS. 28858 AT 3000' N 88'49'•0' E BASIS OF BEARING NORTHEAST CORNER SEC.31 L 1$92.97. 1 1292.91 -1.- - - - - U - - 823.20'— --# yy7. —1 r Able OIn MD 5/8.DIA. REBAR WITH A 2• DIA. ALUM. it A .4r— T N it '. PLS. 10855 ON ALIQUOT LINE AND 30.00' 4 �' -I -V.l' 714'3 1TH OF TRUE EAST 1/16 CORNER SEC 31 '4 I IVE .5o r.l C Sept, ail ( i_4.,0 o“),10.,- 0 g. = S pgs ,--4.4.,` �M po ss Y! `0560:3/;3 p/ L.I A'cceSf / 350.00' 483 / '� I on. TANK SETBACK kayo O o a C Lx)- . 1N Z a D D PIN AS DESCRIBED g O T µ BAR WI YELLOW CAP Q [ESE ENGINEERING LS 4392 J m 1...I • 8 ti LOTB p N : a 75139 ORES 01 6 . i q rit g fr • E 1 /2, NE 1/4, SEC 31 0. CK AND OFFSET PURSUANT TO THE I^30. 59, AS AMENDED), THE � ONWG AND BIALOINO IDENCE TO THE SUPPLY OF SUFFICIENT 0.00'ROW MT WILL BE REQUIRED TO IT IS REQUESTED WITH ALL INCLUDE THE LOT A RESULT OF THE FOR CONTROLLING THE 1299.43' W UM TED STATES. S 88'42'S7' W FOUND 3/4' DIA ROAR WITH A 3 RE INTENSIVELY 1/4' MA. ALUM. CAP. P1.5. 10855 AT CE THERE ARE FOUND 3/8' DIA. ROAR WITH A 2' WA. EAST QUARTER CORNER SEC. 31 CES ANO A LOWER ALUM. CAP. PLS. 10833 AT CENTER EAST 1/16 CORNER or SEC. 31 nl {s{ NS OF URBAN USERS / fd(ar ' !� VT.R 4U IITE IMPACTS. -7-1 M Fink _LD WORK, HARVEST. 1 : MORFaDS. DITCH lY �`/,4 y ,� ‘116 �/ Lvc ✓LI/O 9.5-7," e- V° MPLY BE MOVED o/G.Q/e_55 I a IM :FrCIENT OELIvERY OF 1,-CA-So fre/' ( c� � � �kQ V3- I CI THE STATE OF (C�7(// Q y � I DE OF — S AVALA�E 31�- March 15th,2001 Don Carrot Public Works Greeley Colorado Dear Don: Please find enclosed the NONEXCLUSIVE LICENSE AGREEMENT and a plat map of the site. We are asking for property access off of WCR 51 right-of-way because of the layout of the house,the topo of the land and the 350 foot setback requirement from the oil tank near the southest corner of the property. The land slopes up from WCR40 to the south. The best location to build the house with basement plumbing, is on the highest point of the property which along the southern edge. The leach field (absorbtion trench),will be installed north of the house towards WCR 40. A 350 foot oil and gas setback prevents us from building in the southwest corner of the lot. Access off of WCR 40 would require us to build a driveway that winds around the leach field. This would be much more costly then accessing from WCR 51. Thank-you. Sincerely, .emu / Timothy J.Fink Property address: 24956 WCR 40 LaSalle,CO 80645 Mailing address: 24868 WCR 40 LaSalle,CO 80645 Phone: (970)284-5765 wiiC. MEMORANDUM TO: Clerk to the Board DATE: March 23, 2001 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Timothy J. Fink and Stephanie D. Fink. The appropriate documentation is attached. _J C Enclosures 2001-0965 Hello