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Home My WebLink About20001975.tiff RESOLUTION RE: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN -JANET REAM 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 Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way for Weld County Road 47 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 Janet Ream, 412 North 71st Avenue, Greeley, Colorado 80634, 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 Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way for Weld County Road 47 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 Janet Ream 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 16th day of August, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLO DO ATTEST: Aizif Barbara <irkmeyer, hair Weld County Clerk tot B•:�, �� ISO . • �� M. J. Geile, Pro-Tern BY: • Deputy Clerk to the I4 u N \ f EXCUSED DATE OF SIGNING (AYE) �v►� rge E. Baxter � A ED AS T • A � G�-s".�ti- ' chai Dale K. Hall ounty Attornei Aug Mae& Glenn Vaad 2000-1975 L'L EG0039 a3 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this // day of Au a u 4t , 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 Janet L. Ream whose address is 412 N. 71 Ave Greeely, Co. 80634 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at Either side of the section line between sections 13 and 14,T5N,R65W, of the 6th PM. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 47 for a distance of one half mile north of U.S.HWY. 34 and located as follows: 60 feet of right-of-wav,between sections 13 and 14 ,T5N,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 111111111111 III 111111 III 11111111 III 11111 I I I] 1111 2791038 08/31/2000 04:38P JA Suki Tsukamoto 1 of 4 R 0.00 D 0.00 Weld County CO ooD/915 • 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 1111111111111111111 III IIIIII III 11111111 III /111/ 1111 IIII 2791038 08/31/2000 04:38P JA Suki Tsukamoto 2 of 4 R 0.00 D 0.00 Weld County CO ,.QD0D/99S 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 aDD'1/9976 IIII IIIII 1111111 III Il I III IIIIIIII III 11111 IIII IIII 2791038 08/31/2000 04:38P 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, 44d COLORADO COLORADO ATTEST: 1,447 Clerk to the //oard �/ By: y. SxK,„. By Deputy Clerk to the Board B bara J. Kirkmeyer, Chair (08/ /2000) SECOND PARTY: By: :•• z K airs-� By: Title :� Title: \\r-j tic /� S RI b AND SWORN to before me this // — day of art 2000, By Iafl?t' gaeh�h:`� 0 s $%•thy hand and official seal ono 524(iYate No Public My commissioner expires: .2/09 /v Page 4 of 4 Pages c2tiDu/97S 111111111111111111111111111111111111111 III 1111111111111 2791038 08/31/2000 04:38P JA Suki Tsukamoto 4 of 4 R 0.00 D 0.00 Weld County CO faCriPIR MEMORANDUM "lime TO: Clerk to the Board DATE: A ust 11, 2000 COLORADO FROM: Frank B. Hempen, Jr., Director of Public Works/County Engine r SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Janet L. Ream for WCR 47 The appropriate documentation is attached. Enclosures 2000-1975 /I � // •• • • • • • 4609 Ca. 64 s8 / / cir 6/6 • • • o ; _ o - 0 1 if 1 0`� i 4604-i \ ------------,... • • 46/9 — ia 4� I ■ / ! - /v • 4 ///*6j0 / \ ,a2e I J/ �j /, /per o \iG�i �l r •o �4(os 7 V Qe / i� r • i co Ad ez%L 46/% �;' b. " 1 : s • a 14 4• � x� p e x7 Revzew . 7dg � �.i` 771 Slie f j) j 0 ice.'.;:;'. (: r, ''� Sea Type 68 (sec n28 neAee3 • . 1 Soit nee • deter caion3') ) -SI- 3.. � sell. tp / /!.__._ — ir till Raridente ii / /// [34- 34 'ii A 37 c,s,zr • a,idtnc /' ,Q Le �'ce.s9 • \.,„,,,_,,,,,e,,et i • Pin/r 1 30 \ klkCo 4 Ce-- ...--.....;__------ . ..---.----r.\\ , --LSPECIAL REVIEW DITCr+__._ '` VICINITY MAP o �y i ,____ ---------------_______, 1 - MIKE & JANET REAM 4641 • - - �- - 23 • - - 24 4 638 , I rn c--200O/9)yr DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext_ 3540, Fax(970)304-6498 USE BY SPECIAL REVIEW APPLICATION Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) EGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: J-at '? of t r r 3CCD �- CYer►'lp�-iQn 0?bi-/4-1/-R� y& Newn ac?fu 5 Y� Std.. 1ii,TS, r4�-, (g5 We-S+ OF (P-43/116, u o. w- S-443, o.I Cm !d. PARCEL NUMBER: ' I 1 / 0 O 0 O 6 (12 digit number- found on Tax I.D. Information or obtained at the Assessor's Office. Section /q , T N, R L5 W- Total Acreage Xf.,Eig Zone District /4 Overlay Zone Property Address (if available) //IVY .34" Proposed Use f')d/Pn a Learn y %;J,' - SURFACE FEE (PROPERTY OWNERS.) OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Name: Jgnc L.2-a7." Address: g/c2 , 7/ ,Are_. City/State/Zip: G-cc/ey, E,6ome Telephone -.14/6 Business Telephone Name: J Address: City/State/Zip: Home Telephone: Business Telephone APPLICANT OR AUTHORIZED AGENT (if different than abovel Name: Address: City/State/Zip: Home Telephone: Business Telephone: DEPARTMENT OF PLANNING SERVICES USE ONLY Case# Floodplain: a Yes ❑ No Geologic Hazard: E Yes o No I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. Rev: 1-27-97 Sign ure: Qwner or Authorized Agent RECEIVED JUL 14 2000 Pu C WO KS DEPTttlsr :7'6 Weld County Referral July 13, 2000 Dc COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Janet Ream Case Number USR-1283 Please Reply By August 3, 2000 Planner Sheri Lockman Project Site Specific„Development Plan and Special Review Permit for a Guest Farm' ( ntiAtearningifacifityyin the Agricultural Zone District. Legal Lot B of RE-346 Being Part of the SE4 of Section 14, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado. Location North of and adjacent to SH 34 and West of and adjacent to WCR 47 section line. Parcel Number 0961 14 000069 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) September 5, 2000 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. Ai See attached letter. Comments: Signature 4'n, K. / Date -1_ 2(, - pp Agency �fr`t�C ��.'' '�rG f +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext3540 +(970)304-6498 fax &000 /97.s �3 mw FERN 9u IF4WNFA0gy5V I W x 4 SUBI DIBVI9I0N ONARO al- LIQUIDATION LEE I � BF r V! TRU^^•R BERG B I \ A LEE T CD M et; :x BUBpLIITZ /�'/ p ' t � EV zA •Aww IaXi x4 � L1i� suss � / .n om 4_. 'r• :.I WESTERN WALTER W �+ ItFi ' G i 60 , SUGAR CO. G ALL R DOERINGS . '"`� BIRDFARM INC. y . 'Y%1 ' FED JR. L OBIHAROLD '1 9 Y at.eL 1 BDe Eei., P 4 NV _ I fit. 5 E .Gi 8 mwFd ,„ 9E 'MICHELLE 4 ' n �'�.�i\.?i. SS sE NN MIN wgvx[9 ,lg s AR • .tar ^ awE. in of �, i,�� WM 8 TONI hr, 1 �yt 1 T s CC� xWJr � i P REELEY /. z j y j d !ilOiWi!i!it EIS r•• uu WICKERSHAM ,[• 11 A • c l �t A E� >f51 7ti ; ,.•BU s BUP os eT Z�4v�0 E 9A - "• h pp ..�'� IIC+et 0 R.9 ~ } e I BUL�-UM AR r 4W 4%Cf9 R ®rLiy Bvv "� PR le. • C MAR NOROM. PEW WN L. D Fl ) . A •• B® IIIII:`r6 v 9VV • 9VS 1x'ax "i° REELEY mix R TEP90N 9'� 24�•. B J4EG 5 •:)}. P4i3 RoeEnr A EOx Ae SwIL♦ AR AY F 58 �•/"'. .L1LA 9 De JAMES B EDITH 4i3 ye ¢ x V ,i + • BOND MICHELE • WILLIAMS *KR sans EP + a p • E " VETTING TR VST MORR x< wvG� �I COLE©•••. •✓ ' �q7{.f P4uL N. V �y ,.• WILLIAM 8 AKFEWB �'� 1 T Goa Ee 9R G JAMES R. RHLALEE it �y₹' n;' ; e X "o �=L PHYLLIS ^filll Az HOP r I \ ��uR '• oE„wa ExEpWw D9„ox BROTH CLARK Ax :4,00:44:4',D. � . Rx96 ALBEDwAro - - 15 - - - 14 a1 HaRRxtcroN DANIEL J. HENNVR 9 awu i .}J'A ANDREW JR: / >,'`' }ztil j morrow n�ml..s 9a;"" oL AN MURIEL J REAL WI MOTIS Roymw--NARRE r - HOP sls iy J? CRY �\SANNDRA ' b Bws � _ -___ HOSHIKO { w�. aW3 ��F- � r<E'A'RrC9slt ® FARMS INC. et B%1 <1 f 8 r.. _. 34 _ ,� .AMA .RN FA FS • 1 / CLIFFORD G. HDSHIK0 ENRY 8 34 �56 ♦'< # MILLER e1W � �9cK ET eE �j�' FARMS 1Nc. •HNEDBJONG CLARENCE W B S ? 1 r; 1 LORENZ 6 • BRE Mc CAUAL O l',..-' #1;1 W 9 FARMS INC. I RON-LD "' � LE� RAy �. Mrc"LEY t )GARY a J� r� q MOND MILLICENT CO ARK DOLL lie irs•� SUSAN ^ 8°'°°" SANDIN �� E I I I ' C •2 / _ 3ALLES .� R .. Ls--•NE LARRY 8a HENRY 8 r ANNIS HELEN z •• 9 CLARA N 1 + et I NUSON -J II; i' SCHEIDT 1<' ro e5 tl ."`✓ ei z MW% : :1 .a , Np wwm �oAvroLB y¢W,I,t r; l EpK9EE QO 0`f oa 2J` THOMAS D. CHERYL VO 'J } �;VA a mm Em FY2 2c �a� aa.- BRDWN 'WEINMEISTER liJ O•w / LOxa- R ' DE w,VA J/ sREPxcx 9 LEROY K. HAROLD 8 PHYLLISPH 54 c AR"/J sofa r„. mcwAR, RANDALL D. JAMES a ` -'E wRAx HOFF & MICHELE JOHNSON DANIEL 8 VETTING JANET D OLGA R. 8c; ii;;z IONMARJORIEP E$LEAMING .wP •a._ 2� AM B NeR rNrenRl�RM 6,. N R0MEYERLIA o ��ME8 JUORERr E 'y+U'a 7wxm IKENYE z¢CACKUS �'oe9gc • HAMILTON 1 ul fR s4uE NJ Cc DEt - I P v ' ez a B f y xCa t.0 p{(\t ecru o 'r " tt d I CE.�dI . k1+f! f N THERESA JOHN L a MARTHA RONALD RS CLARENCE G B 52 , !1� ,Jt; t LEFTWICH - LORRAINE ALLES LYMAN & BRUCE D. A HELEN H. •�csrvsva a. ' ) ". ¢ ALLES Is, ELSE REED e E e-x BURNS CLAr ► . 1 r t 9/. W:MSRAA' 'Ern JOHN E. 8 BACON ii m 9REMe /nom P. : A. ;k rj i - KEY •'• ,`ILEE'1 MARTHA UA z Q'e c P THEODORE 8 FARMS b" .3 , ALLES Sock 's e".ia_' DOROTHY INC. n W •G A 8 ROGER: -- AK EHRLICH 3 - 421 r /� PHYLLIS M. JUDI MAD-TAT INC. ' r � }+1 - " HARRY KEISER ALEXANDER zz e,x Ra u M Unto- RAYMOND 8 ROGER • -LE08FAuL Cr' 7 ,vE � VERA eouLTER GgELyRIN LO WER LATHAM Wo JOHN & 1+ #1P'. K , SAUER Inc. ROMENO RESERVOIR CO_ER N ffi y, LOUI YE F u 3 _.. Wu- : x SCHMIDT r 5• C fn x t S.' 41 43 JOINS MAP 29 H471 49 ► -- # }t tyc i iY 1 N t, . , t-- it =l,. '..?..4.4, A. Gam` Ill•' 1't. IF _':t, i t..if: Road File d RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHFET Weld County Public Works Department Date: � - 5-00 1111 H Street,P.O.Box 758, Greeley,CO R0632 Phase: (970)356-4000,Ext.3750 Fax: (970)304-6497 1. Applicant Name Jon et L.'IR(Wm Phone(970) 353 -Z(v((o Address 412 i1(. fit Ave city G-reeley State fL__Zip BOto34 2. Address or location of access R2(oOi NWY, 34 Grcfley, Co 60‘.5 Section 14' Township 5 Ranee (n Subdivision Block Lot Weld County Road p Side of Road Distance from nearest intersection ticoci. 3. Is there an existing access to the property? Yes X No R of accesses Z 4. Proposed Use: S' Permanent uN ltesidentiallAgricultural U industrial Temporary 3 Subdivision Ai'Commercial ] Other *I rv* et.fl RtfhfAf'kVks•tkfsflRssts..*.stsx#Rfis#cs:tvk#sff##Rwfs##sss#:sus+.ssxtfssR#xs#f#sisfsssff#f#w#f#r## 5. Site Sketch iqc Legend for Access Description: AG a Agricuhmal .L . RES = Residential D&G= Oil&Gas D.R = Ditch Road = House J = Shed AG °6 oy a e fl . 3 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Condition Installation authorized i] Information Insufficient Reviewed By: Tide: in:wp5lestengtheer .cess Hello