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Home My WebLink About20012501 RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 98 AND AUTHORIZE CHAIR TO SIGN - LEE AND LINDA 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 98 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 Lee and Linda Nauta, 8271 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 98 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 Lee and Linda 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 COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: #�%' } 11,4 tiv 41le, hair C Weld County Clerk to th �o- , ,,�;;,; �iQ is6i It s`, i♦� Lai ®�{� � �, Glenn Wad, r - BY: Deputy Clerk to the B ki (J N `C-L`' fr ��►� Willia . Jerke RO D AS O RM: David E. Long unty Attorn$, EXCUSED DATE OF SIG ING AYE Robert D. Masden Date of signature: ((-I' 2001-2501 e p bo / (laid& EG0041 12e- 3i49 798 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 1aday of flw .t5T,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 Parry, and LEE A...,oh LINDA NAuTA , asSecondParty. 8271 'JCK CIE, KWtuki ,Ce Ete42 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at trTHfg. o.oeocme3ECrlOr1 I. JE Bc.T ecn1 in Weld County, Colorado, and SecrIc,nY 3'S rciN, R 4'7 W Alta a 5Ecric..i 4 7-19",.:,,&Lei v.,/ WHEREAS, First Party purportedly is the owner of the right-of-way known as 1n/CR c1i^, Pol. A 0 STA,c.E CC ©r n+: nit-ti West CC WC-it i ci and located aS follows: R14F+r cF wA aFTyUE[ —qt.; (:G7 —CIO hi R- in Weld County, Colorado, which is hereinafter referred to as "ROW," and T lt4 I RIG.' 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 111111111111111111 III HIE 11111 Ell III III IIIIIIII 2885798 09/24/2001 01:23P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO , OO 1- 750/ 2. The upgrade and maintenance of ROW by Second Party shall be done insuch 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. .cr51 rab . , Sepottclh s"eri ,t-liee!sed to tuey1r'lured and 004 1.-* tlt:84.1% ar •411Patlgr:Ot.t ADAMt rdarres.ofthetiRO ;; 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 1111%11111111E III 2001 IIIII IllllpII III III X111 2885798 2 of 4 R 0.00 D 0.00 Weld County CO s 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 Parry agrees to contact all landowners owning land adjacent to ROW in ,Yl 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 • 111111111111111111III1111111111111111 III BIN 1111VIII 2885798 09/2412001 3 of 4 R 0.00 D 0.00 Weld County CO It is mutually understood and agreed that this Nonexclusive License Agreementand 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, ��' �•j ` COLORADO A11EST: �I�'�id-,ii_ Clerk to the Board1361 1/41 . , yy� By: fib./ By Deputy Clerk `1S , M. . Geile . Cdr p ri ♦®=�� 4o9/os/zoom SECOND PARTY: By:# taifi Title: as-n.2,4) SUBSCRIBED AND SWORN to before me this- ____day of �C 2012/, By/fe /?f�kra, z/NO/t G4Tc-v ,,`' F WTI sfaS''my hand and official seal 9 n n ,f/e .* -Uro�- Notary Public / 9$ee My�eo> sdion expires: /fir/92ppy nF cov Revised'Oplrn r„r n,r s,. Revised 5-24-OI Page 4 of 4 ll% 1111111 III III 1111111111111111111111111111 II 2885798 09I24/2001 4 of 4 R 0.00 0 0.00 Weld County CO S88'00'29"E 2681.70' 3 ± N O ii o NOT al Ri E 1/2 !ES 81.75± ACRES lit N O) CO i 060' N / a N g• _ * 8 PROPOSED 10 AC. ge m Qg n EXEMPTION g Mr:S�ny SW%SEY.SW'/. Za.ti gV6 g, l t->i z s. m i.ti II $ . N88'36•Nw i'12"w I— - _ 158.57^ _�24 5.4 fi —LIT— _ — � 1 e en Oki 2pltaCad drtu2Ltd n Lot Exemption LAND 'MACES,we. Site Plan L.".�•°,°'�°n-S,."•.1 -^'..��+ .,a.,a®. www...Sins /\ �d+MM..� MCdYA N.IOfl, Lee & Linda Nauta Property " 6118 Weld County Colorado This is a PLANNING document only. Job nr Ely 15 R«'°" Sheet NOT FOR CONSTRUCTION. 0 200 400 Chocked MC Refer to Civil Engineers or Elf Construction Document drawings. Om 07/05101 Oft Scale: 1"=400' August 25, 2001 TO WHOM IT MAY CONCERN: We are aware that Lee and Linda Nauta are going to use Weld County Rd. 98 for acce to the new home. EA() Diane and Norm Dill ( o Wko ; 4 ee-nce2AJ5 LA L.e (/2tc lc +- K 4ILe. ) wals'o ti) 4-ltr. 4-44.4.e q not cc EA) ; 4- 1N- e l tot WAY /Ay 2•n. 514-/( gr Ze9aAezt \- eVaGAD Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: S' — / 3 —0/ 1111 H Street, P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 / 89'7- 31O1 1. Applicant Name Lt.:'_e? - / it'] 7fct, A Phone /7C - *c_ Z (re cn. 99c 3 2 .cc 7 Address / CC (/ `�' City }l a'L I State Op Zip 2%114. '7 R 2. Address or location of access s k cc 45 'I4 E of kick- /7 Section 3.3 Township 'IN Range Ca'714- Subdivision - - Block - - Lot - - Weld County Road# C) , Side of Road /17 Distance from nearest intersection -3//f irr 3. Is there an existing access to the property? Yes No X #of accesses 4. Proposed Use: Permanent f$" Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other *********************************************************************************************************** 5. Site Sketch Legend for Access Description: AGR = Agricultural RES = Residential O&G= Oil&Gas Cc IFf, D.R. = Ditch Road C D = House O = Shed or Outbuilding �L 7- ��- I yo � ?i I Qjv�--_..v�r.-.a, MALorJE-/ 44oy r �-K, New,. Ar.nt-E *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: m:wpfiles\engineer\access p £22-vi +�'- 0..-,-__ Cam. . , D-c I3LJC. p„IZ,@.�tA;ti .1. ., *I 411- .._cit., -Q,-- --Le-- - u6 a-GCaa�-- L ....- ELIA. n 7?5,,,,) 7D14'TR'ICie Mat-ONE Exist,1.74 NON-EY-e C.us. re Dr: --r 7-.av-1..,eho ✓ .So o-fa uuY r- • • MAP 7 R67.1 JOINS MAP I IIo t 'KENNETH J.' 1► l� — NoLa N. II 81 ARLENE I I a GLENN K. IIUTLEY LAND GREG R. 1§ s'10 E AZ I PIERCE BURNHAM z 81 CATTLE CO REEVES W It s_ 3 HUTCHSON II oral �y aovER lIM 4_w. _ 'WARD K 5 IFISCHER etas DIEHL THOMAS E. Op GLEN II I JOSEPH ' GLENN R. a KATH.lieS0NS &DIANNA -5(13 (GLENN M. '�� HAP- HUTCH- II 31MpNt:T Nwf S14CFFLER INC. VARRA �� IS0N ��- •Yal m� Mic o !' SIC '10Q DONALD i I =F—==...-=-_-_-_-=-__=-._,-;_-_=,=-..--=_ a m NANCY A. I I l J.R rRACY ' ' ' ' - - LONHART .1 DIAMOND I'll AUGUSTUS z \ I II�8 FARMS II E1Ckf-IEfM p 1 O 'aaa 7 ).41249 °� IO !! 12 � o � �a�WARD H. II FOUR Vz y I I LovE o �a,�,, Rr�CHAR[ FISCHER II INVESTMENTS, a 0 LAND eta f INC. _J a I I sEL! JAMES R (Y = SHIRLEY i06 ! ��--�-- STORAGE GUEST ta- cr�Q BARNl=5 GREG R. FREDE_ K TRACY A.gA ALO I II REEVES etas STATE I 18 O 2 I) 17 16 15 IJ �� R. HEDIG�' EICHHEIM STEC z �n II p z 14 13 Ig II 104 ( I. HAROLD F. &! _ F _�+i - ' 'j •O :f REN R.8{ FRANKLIN E. �I~— —-IL - MAR ELEK ART UR W. JR. "oeART JR. TRACY LORI I If SHIRLEY L. SRO a ROY EL 0. I I AUGUSTUS I NARVA z il BARNES Ig I( 2�_ 22 I E1CH�3EM ( 24 2a N LeROY A. 81 c I i II 9 Q�W� I J PEGGY J. RNES FARMS.INC. HI I ARMS IY Q i .---__._iLBEL MORE , UCL N LAND LAMES L. -'(n DENIS Cl ... r + - ! �� D"I`1 d RANDOLPH UCF I� WAYNEL U BIZ PTSHP. ARNES a0 HAGEN = f KERR I Q O oQ �z z c.i FREDERIC J.R �.tal ___39`��<n am as !� (� o ? HEDIGER DIAMOND FARMS ��TG = 2 0� 28 cow 27 gZ�I ui< 25 34 2 Y Q WIZ' Z 'xn Le ROY A. I z F-cnO za 5z Oaf owe }w cl)lLU 52a a> z—> z=Q �� S 9 PEGGY ( • BROWN: Er - - _ [-o> Q3tL I-�-�= eELIJHoRE &LIVES f00 BARNES - R_+o ! INC. _� MEINAR0Jn ROBERT ''CHARD 0. & f • + +a HILDA J, FARMS,INC. �+ ETHEL V RgNpOLP- : ' - eUC1 R BISETTI Ill Ifs RLEY L. f 31 32 if I8 RN 1 3 I I AYERS I I STATE F lIGER • WAYNE D. r r 'I 1 35----II 36 31 WOLFE W Z I T. a g RICHARD O. II ELMER All f ROY A. w se I eral W Z mgr^ ` I) ` 11 BARNES �) HANKINS �� , • m W male \ . • 13 IS 17 2! 7 JOINS 25 MAP 8 27 - _ ‘-elett MEMORANDUM CTO: 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 2001-2501 Hello