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Home My WebLink About20010681 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD AND AUTHORIZE CHAIR TO SIGN - RAYMOND AND ANITA ROSSI 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 39 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 Raymond and Anita Rossi, 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 39 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 Raymond and Anita Rossi 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 12th day of March, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:a`°cW kl1fiv: E LAN ,// /1)s Gv y, �t N, M. J eile, Ch it Weld County Clerk to thto. s,�.�(� at ' 1861 `O�i�V±s . /Fa "MIJ Glenn Vaad, -Tem em f �. Deputy Clerk to the Binkreu i �/ Wil H. Jerke APPROVED AS TO F RM: D vid . Lon Cod - . my Attorney( 1 Robert D. Masden �� I"(lJoSS t 2001-0681 EG0041 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thislaUt day of December , 2000 , 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 Raymond Lee Rossi and Anita M. Rossi whose address is 19150 WCR 10 Hudson Co. 80642 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Either side of the section line between sections 17 and 18, TIN ,R65W, of the 6th PM. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 39 for a distance of one half mile south of WCR 10 and located as follows: 60 feet of right-of-way, between sections 17 and 18 ,T1N,R65W,of the 6th PM . 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. 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 prescribed by First Party, which manner shall include, but not be limited to, the following: Page 1 of 4 Pages HBO 11111 11111111111 �� 11111 �� 2834809 03/23/2001 04:44P 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. Removal or seeking the removal of existing equipment,junk and debris located within ROW shall be the responsibility of the Second Party. 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. Second Party may upgrade ROW to full County standards and request the Board of County Commissioners consider the acceptance of ROW for County maintenance, pursuant to the provisions of Section 20.0 of Weld County Ordinance 180, as amended. 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 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 arising by reason of 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 and 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. Page 2 of 4 Pages 1111111 VIII 1111111 IIII VIII 11111111111 III VIII IIII IIII 2834809 03/23/2001 04:44P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO 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. EXECUTED IN DUPLICATE the day and year first above written. Page 3 of 4 Pages 1111111 11111 1111111 1111 1111111111 11111111 11111 IIII IIII 2834809 03/23/2001 04:44P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO einsakir ATTEST: `fit I / /I` Clerk to the Board it, r� � p '�`;By: �c77Li•, - . A �� i i� By: //////K7 ,g t& Deputy Clerk to the` . %r 9 Jr M. J. Geile, Chair (03/12/2001) • ♦ iry SECOND PARTY: By: Title. o.-wyl,,� Title: Ql/fry/Li SUBSCRIBED AND SWORN to before me this iabt, day of (J QCQ►nbrr 2 By Raymond Lee Rossi and Anita M. Rossi. t1/4(1Y .0 WITNESS my hand and official seal JOAN R • Notary Public r/'f: • My commissioner expires: 11*-- ,COx°QQ MY COMMISSION EXPIRES MARCH 12, 2002 Page 4 of 4 Pages 1111111 VIII 1111111 IIII 11111111111 11111 III 11111 IIII2 IIII 8of 4 R 0.00 D 0.00 9 /24W d County CO ukamoto 4 (f \ \ r: MEMORANDUM r7 • TO: Clerk to the Board DATE: March 6, 2001 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engin SUBJECT: Agenda Items Please submit the enclosed items for the Board's next agenda: Non-Exclusive License Agreements for the Upgrade and Maintenance of Weld County Right-of-Way between Weld County and: 1. Russell T. and Angela J. Reed 2. Raymond Lee Rossi and Anita M. Rossi The appropriate documentation is attached. Enclosures pc: Don Carroll, Engineering Administrator 2001-0681 AA 42 4 2 R JOINS MAP 39 I LELA I I iZIEMER MICHAS_R FRANK SR a DANK J. FIDELITY FIRE 1L L. ! 14J FERN TRUST S DORIS KATHERINE ROTH— p- 6CASUALTY W ;LL w R THOM- a DREILI NG � GITTLE:N ROCK x. INSURANCE E.= N A SON 4_ Aral �' _ RacrcY Jr MOUNTAIN u a RAU ES, CRp50 RAILCAR, No aHIL P a -9 5ARTHUR D. F2 w DeN ', �� o' 2 , MARIE ow - 8, PATRICA SHIRLEY � x e L± z I ARTESE za IL;H: L. BOYD = RICHMOND = GUAUP ao ae+U a LUPE Bt. �� TRUSTS ¢wz etc Houk R ' wa a �. .i. • oE _ mx LxAve_ •... • , En —vcd 12 CT Z SAMUEL KENNETH —TA a BANK �) HUrS0 Al. NCR 0i TODD L a N 4 BICKLER ONE D. GREEN ID ' L KENNETH 3 AI C, DENVER a•B VCm r z !ORAINE I< NA FKA w IA ART"J �� cc �C` w w 7 r a g i II�aRN E r 10 11 ARLENE L. SUPPLE AN SC HUTZ LAND IT — : APRKLx GENE L aPHYLLisII, JPMES5 .� DALE CURTIS, a LIVESTOCK CO. I� ARY R. `NM 0 ANDREWS sEl- ^ ar ARD M. 9 I I vER MYRNN PERRY,JR. � DALE CURTIS 5 li LPVO oar 'Y JANE V' DAN C. STEWARD HPVES / Lt.G4 •. • is i i SO . • • r MS n s s s r� 10 123-v i CL � DOROTHY +',_ p a l�''-.WCHISTATE I . LoBAUM eLARRY G. ,J ° wc\ J MARTIN ? SUPERIOR I'wc' I-+Wcx a 3 °' WCs. Gd a TURF �u R'dc v SHARON Ia m TRACT I`Eo,.e_ I INCa PALMER wa N CHERYL 3 .FT-E3 GRT,R870 �, G2 wcC •• Z .118 • 17VPr.;"PG •A • 1�1 '✓ ENNETH Ab,Es • • a LEN D a uOAINN 'mall !'P • I' o L 14 ,.SCALERS�I s' ! • a a z LAWRENCE E JAMES E. Z PETTINGER T,yaN GE te = a a ROBERTA I '" AC c s 0 x LONG I ROWE JR. �, r i STATL a13m E1al EOL- i a i i i i - a i i a i • i' ,S •••• t' i' a a r • LEa5 ,I 8 I ,APOLLO I r LADISLAO sue DIV. SAKOTA a „IE aG r J C r LUEVANO 4SF EU FARMS ,"� "E n ?/ LAWRENCE 1i r - 0 TONVILLE GEORGE v a JR RAVEs In, /% `/- CO Ea '. a:� 2 xqa FARM CO HELENE A w -ten +.4/ENTERPRISES ENTERPRISES ROBERTA I. Ta . _ 3 N -WCC RG.SKDP �at,GLEN at O.`T INC. LONG 26 H I ��r I� r f2 SANS:ROM J I v ` JZ D 'BENJAMIN D r _Jx C 23 wJi JA DAVID A L,EE.aE•A KENNETH C. _J C-7 - 1?wo a DECHANT J. a nNu uoNEUGENE R a 6E. i . r Q `tea MARY ANN , a EDNA L. WINDS _ IMER r a ac /ELLS .FLANGE - s ' �x/! Y IT] JAMES LLI THEODORE el �PETTIN— ` r �JAMES E a NURSERY GPI HE KU EM TEL II GERetaI i GLEV i, AvIANn AA, n L W YOUNG w r,l E AL R L.SEA GE-MARGUER Ill 'ZA 3. y , 0I EUGENE IiE B. pal o / ri t Q� r 2 0 FALOMBA LEHL le ea u, °, JJ • ,i JOHN K. .jU .° / 29 r aCC��AE PRaR •G3 5 E Try pyvrll GRISWOLD AMEL H, 8 • A. r • HE / MARIAN G. _x JEAN w KICKER, mo Loniie as r FRANCES i xcv TRUSTEE HP LOCSCH Ii.-, II KOZIARA / et al IH H Tmrs.Y I ° �• tIbThii W on i' i !, ia ! •• i • i i i S • •II GQ1RAA JMEORG _rERASEf I l"a< KICKEma •YCA "ee°N cRA,iE. '�¢2a 03az TRUST • -•TO'=m ir N,///� /eHAS&VIC` a0C HER11 JJJfl .flflj cz " 2" LTD. lurcc r 2 37 391 '41I 43 j45 j47I,. OrThriu;6 MEM0RANDUM TO: Julie Chester, Lead Planner DATE: August 10, 2000 FROM: Donald Carroll, Engineering Administrator .t WI I D � SUBJECT: RE-2814, Ray and Anita Rossi COLORADO The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: COMMENTS: WCR 39 is designated on the Transportation Plan Map as a section line access road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is NOT maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. WCR 10 is designated on the Transportation Plan Map as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning Ordinance (Ordinance 89, as amended), the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works recommends approval of this application. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. Lot A is a 2.5-acre parcel. If a drainage culvert is required, a 15-inch corrugated metal pipe is the County's minimum size requirement. If the applicant chooses to place a larger culvert, please contact the Public Works Department to adequately size your culvert. (Lot A) The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The applicant shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County right-of-way. pc: RE-2814 planl5re Road File# _. ' RE: -,:,.`f,! a. Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHUT Weld County Public Works Department Date: 2/7/2000 933 North I Ith Avenue, P.O. Box 758, Greeley,CO 30632 Phone: (970)356-4000, Ext. 3750 Fax: (970)352-2363 I. Applicant Name Ray and Anita Rossi • Phone Address19150 City Hudson StateCO• Zip 80642 2. Address or location of access weld Cn""rity RoAD 10 Section 18 Township 1 N Range 5; Subdivision N/A Block Lot Weld County Road # 1 o Side of Road S/14 Distance from nearest intersection 1/L M1 le 3. Is there an existing access to the property? Yes y No #of accesses t 4. Proposed Use: D Permanent Ca Residential/Agricultural O Industrial O Temporary O Subdivision O Commercial O Other 5. Site Sketch SY Legend for Access Description: ARG= Argricultural 4;s ilt.PI} RES = Residential 1 L,-., ul/C 1O K�r�C • O&G= OH &Gas �;°° D.R. = Ditch Roadcl 1 Awl Fib r ; ).„.., k k4- 7 . OFFICE USE ONLY: _Road .-! ' :r ADT Date Accidents Date Road ADT "' Date Accidents Date Drainage Requirement Culvert Size _ Length Special Conditions - . .: . :. =._ - -_ , , . O Installation authorized O Information Insufficient Reviewed By: Title: 7 Hello