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Home My WebLink About20012625.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF A PORTION OF WELD COUNTY ROAD 75 AND AUTHORIZE CHAIR TO SIGN - DEAN JACKSON 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 Upgrade and Maintenance of a Portion of Weld County Road 75 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 Dean Jackson, 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 Upgrade and Maintenance of a Portion of Weld County Road 75 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 Dean Jackson 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 19th day of September, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: !4 4 'e. IELANEXCUSED DATE OF SIGNING (AYE) Weld County Clerk to the .� . t At,.5� %Mkt var it*J. I �►tlenn Vaad,-Pro- em BY: 'i O' ,'- ��it 3 F ' el Deputy Clerk to the Boat J(jjl ,`\,A; _ ' f/`" '� `' =- ! Willia . Jerke� APPRO-/ED AS T ORM: Cw� ll � avid E. Long ounty Attorne -\ Robert D. Masden Date of signature: `x/75 2001-2625 EG0041 Fe No/ I,p _ _ 726 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 20 day of April,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 Dean Jackson, as Second Party whose address is 34777 WCR 45,Eaton CO 80615. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at either side of the section line between sections 19 and 20,T8NR62W ofthe 6th P.M. in Weld County,Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 75 for a distance of one-half mile north of State Highway 14 and located as follows: 60 feet of right-of-way between Sections 19 and 20, T8NR62 W of the 6`h P.M. 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 ofthe 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. 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: 111111 111111111111 III 11111 111111 111111 III 11111 /III 1111 2887726 09/28/2001 04:23P JA Suki Tsukamoto /-a&a5 1 of 4 R 0.00 D 0.00 Weld County CO following: 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 Illlil lllil Illllll III lliil Illlll Illlll Ill lllll Ilil I'll 2887726 09/28/2001 04:23P JA Suki Tsukamoto 2 of 4 R 0.00 0 0.00 Weld County C0 • 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 enforce able 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. FIRST PARTY: WELD COUNTY, COLORADO,by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: Clerk to the Board I 1111 11111 nit III IIIII111111111111 III MUM II 2887726 09/28/2001 04:23P JA Suki Tsukamoto 3 of 4 R 0.00 D 0.00 Weld County CO Attest: By: _ ia6l By: ,��1i . l� r ��l:y: .0.464/ Deputy Clerk to the Bo M. S. Geile , Chair OttY llc (09/19/2001) SECOND PARTY: By: / Title: 0tc.7,1,AJ/ SUBSCRIBED AND SWORN to before me this a0 day of Rs'- , 20 0/ , By 'ban SAcksoni WITNESS my hand and official seal 697)J-La dim atA.4.1 — — -- Notary Public ULRICH L.M. AUSTIN Ndfl tW E ADo ffl i 2o03 m:\wptiles\agreemnt\non-exclusive\nonexclusive-form.agr.wpd C, o 0 1111111111111111111 III 11111 111111 111111II111111 I I I I I I I I 2887726 09/28/2001 04:23P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO J I HEL YM . JUDY H. BROS. I a CU RTz5 23 24 a REICI:SEVEN a .PIJ 2., 22 II 23 24 I. 21 ao CC SEVEN ST' BAN t 102 .vq�D �� ,J -ANCHS��G DUN-LYD_ _ _ _ ■ DUN- S G. �` m C ear B VERDA F. 0w .- 27 ni 27 r=wig E BALL III 2. CC77�� 5 DL o}Y30 -ux USA ► 0.E II ��. L 3oa [fit ,.. 100 KARL o-am JAMES A.dlp MH.SCH DAVIS •STATE II USA STATE •GNU- JUDY H. I 3w4 RT2 BROS. ; I SO 32 33 34 II 35 36 '31 CURTIS �e `�. L c E A m �-I{-� A DAVIS �J „LL Y TATE - ; >N BROS ilk te WN 5 is" iO -'EDWIN C. Kw EDWIN C. 4flj 2° g�> PIRNIE Hot JLW JSJ -`2 _� iro�s .U0.NH �ygym _II ��— v r CLARA L. °rol 7 O mI IIJz I THOMSEN _� �u as aN II 12 USA WN I -Zd IC)--II R2 MARGUERITE 7F f i 24 BETTY M. an¢° FREEMAN 9 ,MAR J. ¢� 7 I O Si� RANKLIN -Ix el al tnsCI HOW- mu_ _L-'_ JOHNSON lvH AR el IIIIII USA I� STATE - - - - - - STATE II --J IB F I� 16 -15 Iv O 2 A. I EDWIN C. WILSON W.II N F H - •PI eN nE fret e9i i� WAYNE H.d JAMES L :IT CLARA L. JOYCE C. WASHBURN,•7HOMSEN 4--41 -0 USA J�"•`'`� GIL�IL ANDIJR. 22 • 23 v r CLP Ilet AI ,SHIRLEY EII N 2 .. cRE USA I • •DRESSOR I UDITH CHAS. ,REED • 90 ANN JONE T. S _ 4i a CASS CHICAGO 0 CAMP �•'�® FARMS CO- "ANCH CO. m CAMP ® w 2: Lux 30 •ao``- 27 MARGU RIT]Ncn LI z BALL7 VENDA _ LO •. tal FREEMAN mu_ HONES m am a¢ RANCH BAIL - a n• CA BOB E. eta. ' CCCLLLJJJ !•FAF• IFaM_ :IRe&LL WHITE et m E 36 I., USA r.aP• ,Ldp 34 33 31 • ALICIA 33 Is 35 DVERDA a D —� m iROL AND --NELSON BALL 0 CPS ROBERT H. JAS. �TCASS JAM ES B. BALL A- AND G. LAND 2 Xta PHILL RUN- HMI PT SHP. a Oa' RING_ I LUEKING RANCH [IBA Leto I I CASS 5' q-- BRYCE L. 4 3 IR.B z"I FAR ROBERT H.II WM. WHITE `1VIOLA e�1� W SIEV�RS MYERS IIV a e� ZR XEMPHILI tr. !t 0 CPR// " I BAL BA— .. lam ¢,� M �' __ _—_ CD CASS . c HEN'Y — T.A H.H , �•� FARMS uj ~ w¢ B ERNA IIEICH-BER • CO.9 Jwl NI WHEI IM -UERf.P• 7 _ c,QQ ALICE O Nx 9 K) 1' -1CPT M.B. O V. WO KOHLHOFF NOFF- — IIKENT O + - WEST V,fmBEACH i ' me 82 SINCE IFARMS ' MO BRU C B.E. STATE ROLANDB m .C.MILLA- • E'_DON I�z i- Ilr STATE FREE' L KINDS" �H MARY _ IY MYER et at ,,■ VERDA F.Du ABASHOR S SEE IBM"a' • - 16 15 LAND WAYNE N.B 16 15 Ilu x 149,„,161w„- .•CLARA3A. B Gm 'S.A. BCSSIE P73HP. CASSN M. BALL I aU �Rp •DEFOREST W� - �•SU SHIVELY U Uri; xp ••,MILLER HEI' 9 Uri; r J.E.B pOFALD B ALVIN P MO NIE B n n,a JEFFREY B J.BK C.M. NCIs • VICKI II MECH-OgSH- I• _j = p F. STECKLEIN1 F0.B 4 MA-GARE7 2NDVAR SANDRA L LER An 20 I' f• 22 23 21 2 2 , z ¢JcirilA SHELLER IIe D'JR JUNE WAREM- {L.BL. IIGIB50 MA FELD '. o O°INDE- V43EEN BOURG A„se R - XAROLC a STATE Z II Z FRANCIS /AI ROBERT T. n m rn IG--2 C� LARRY G. B „ = uai ;VIRGINIA•• WILM A9 HILL pg � 2uf CATHY E. CJ as HARV ANOREW JJ28YZ 2 x c 30 a z DHMN ku D: IIROONEY M. 28 27 e- 6 W ROGER G. JO w WANDA M. , ! INTER ��o my R.PO EITM io cc--10-1 _ u_ IITHORELL YY O V -axU —0.O B It�a usA HELEN M. =_-�J a STATE ___.- It STATE STEVEN T IFN.A.1 9 WAY NE N. q E' . __I I cci : WELLS 33 3' Y -gym oL.BL. 34 3631 DICK D. B CASS USA re OW PTSHP. YRODN EY -pOER ROSE ELLA (F.H.A.) f a Ow c5,44 . .G�o! MYTH • MECHALKE . .al - - WILSONots . _©_ _ _ _ m _ 5 m 0 m JOINS ©MAP 15 75 _ - _ _ - s.. - ;•,w..tr' ,.>_ �L�:..• ... a`!�,.A, v .;�+;sya'el , rtk,Y=,.R✓ P�I - —_. Road File# • RE Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET ✓� r/ Weld County Public Works Department Date: AV) / / w 933 North 11th Avenue,P.O. Box 758, Greeley,CO 80632 / Phone: (970)356-4000, Ext.3750 Fax: (970)352-2868 1. Applicant Narjtei ga..n Phone q/10 - 3o-L- 5953 Address .3`F 77 7 tJ C P., 4$ City Ca 4-on S?State 2 Zip gD 6(S- 2. Address or location of access Nn--�k YZ lo St6kon 19 wns1- PIVIN'}L ckostsit L 2. LQL4 Section I'1 Township S /4 Range 6 Subdivision Block Lot Weld County Road # 7S Side of Road CIS Distance from nearest intersection yt w.i 1 2- 3. Is there an existing access to the property? Yes No x #of accesses 4. Proposed Use: ffi Permanent I" Residential/Agricultural U Industrial U Temporary ❑ Subdivision ❑ Commercial U Other 5. Site Sketch Legend for Access Description: ARG = Argricultural RES = Residential O&G = Oil&Gas D.R. = Ditch Road I 0 = House + f+ vZ Etc t q &La.>J = Shed or Outbuilding r- • l ✓1 j X3 W<Id-r lisock L> C,.An-eri\�� 1 k61 Ccess oto, + I t Lv1w\oar\�t't,i- - ) hinYaa WCR no 44wy /t OFFICE USE ONLY: Road 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: m:wpfi les\engineer\access EASEMENT USAGE NOTIFICATION This notice has been prepared to comply with the Weld County Department of Public Works (non-exclusive license agreement) to utilize WCR 75 to access property located at either side of the section line between sections 19 and 20, T8N, R62W. Dean and Laurie Jackson, dba Rein Star Ranches, as owners of N 1/2 of Section 19, T8N, R62W, will not directly nor indirectly cause James Konig owner of W 1/2 of Section 20, T8N, R62W to be responsible for improvements or maintenance of any potential improvements to said Weld ounty Road 75 Easement. � -1, f ti �j 1 l+ /� �_» Date O/ �jJN f�'� Date � � J es M. Kong U --- t tJu pi aga2u) Date hem Star Ranches (Dean & Laurie Jackson) USDA-FOREST SERVICE PAWNEE NATIONAL GRASSLAND 660 "O" STREET GREELEY, CO 80631 RECEIVED 4 ,(Ai 9 ��-ci rte, SEP 10 2001 �. !%� PAWNEE NATIONAL GRASSLAND7 57e-1 of ( t1//QI ‘teot (1*•4 MEMORANDUM WIER C TO: Clerk to the Board DATE: Septembe 1, 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 September 19th agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Dean Jackson The appropriate documentation is attached. Enclosures pc: Donald Carroll 2001-2625 Hello