The URL can be used to link to this page

Browse Search

Home My WebLink About20002843.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WELD COUNTY ROAD 57 FOR LOT A OF RECORDED EXEMPTION #2834 AND AUTHORIZE CHAIR TO SIGN - DONALD LUKE WHEREAS,. the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Garter, 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 Weld County Road 57 for Lot A of Recorded Exemption #2834 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 Donald Luke, 9451 Weld County Road 57, Keenesburg, Colorado 80643, 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 Weld County Road 57 for Lot A of Recorded Exemption #2834 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 Donald Luke 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 13th day of November, A.D., 2000. BOARD OF COUNTY COMMISSIONERS AL / WELD COUNTY, COLORADO ATTEST: , , f /LL Barbara J.,Kjfkmeyer, Chair „ Weld County Clerk to t. B. . , %/, (�16{(/ P asci �s — J. i e, ro T em / Deputy Clerk to th x- ---- �rJ�� i George E. Baxter APP_ROVEEAS TO F RM: EXCUSED —_ Dale K. Hall my l ttorney — II:7 Glenn Vaud 2000-2843 EO0039 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE_ AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this if day of /VW, . 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 bone/e� Lt s c Sr. _ , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at 1Ot "A" RE-fl3'I pt . Al2.5-651Al2.5-651 /S' .�/J - 64 GtJ in Weld , County, Colorado, and WHEREAS, First Party purportedly is the owner of the right-of-way known as e/JCR S% -Crawl cR a�O North 2j 600-&et land located as follows: 3O-`ref- o-( R,O.u) west o#-Mc secf/an_ ,he between Sec. /S in Weld County, Colorado, which is hereinatter referred to as 'ROW," and Sec . 14 bo,c4 in ;2,11 -5c/fr ' 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 uograde and maintain ROW are as follows 1. First Party retains the right to revoke this Nonexclusive License Agreement at an 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 Mal 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 8-29-00 Page 1 or4 Pages 2000-284'3 E x . 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: 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 he 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 L. 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 o any third party. Revised 8-29-0(1 Page 2 of 4 Pages 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 he 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 he 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 container 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 nvalid 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 ;hall 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 ot ROW or, assuming it does exist, as to whether or not ROW is reserved or dedicated for public use by F`rst Party. 12. Second Party agrees to contact all landowners owning land adjacent to ROW in order to mitigate the potential impacts the road design, upgrade and maintenance of ROW may have on such adjacent lands. It is mutually understood and agreed that this Nonexclusive License Agreement and all Revised 8-29-00 Page 3 of 4 Pages 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: j', � WELD COUNTY,COLORADO, by and. (Fj�� 1 , through the BOARD OF COUNTY 4{ j �� / COMMISSIONERS OF WELD COUNTY / CiY�. , I) (Q/� COLORADO � r14, oard fr//- f By: 24 t7L„�fy te4`.2-541. Bk% 4 a ' i ,' " • < ic,, Deputy Clerk Barbara .1 . Kirkmeyer Chair (11/13/2000) SECOND PARTY: yA ` �SUBSCRI ED P�Nf SWORN to before me this day of / , 20 J By ,1 YS'1&&1� / /, WITNESS my hand and official seal / t -- N 'ry Public My c expires: )/726,7200/ c KIRK t� GOBLE ° mAiVslyslkf Revised 8-29-00 Page 4 oi'4 Pages Don Luke RE Location Map • T , -- 4 - 1--1--- 4 --- ..* i•i SITE r ii 7 s6 s5 ,• f 1 3 ii I r • T t • r --,- - >•, An i t- i i I 1 I Mir --. in -._..._ -_ _ WCR 20 1 w lins •II • 20 21 R 23 oC o • 57 , r (• r0 ■ • iia • +r • r , �S C'') 4.3 FM +'� �! �"!�• ut- $ r -p • / V Keenesburg e a a O 4 / 2 i 33 oII 35 • t De'Remer g • va Cokesyi 4 s L—S F- De O z Road File# "fr- R E: 2(02.< —___— Other Case No. Appendix B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department 0ate:August 21, 2000 933 North 11"Avenue, P.O. Box 758, Greeley, CO 80632 Phone(970) 356-4000, Ext. 3750 Fax: (970) 352-2868 1. Applicant Name: Don Luke, Sr Home Phone:303-732-4220 Work Phone. Address: 9451 WCR 57 City/State/Zip Code: Keenesburg, CO 80643 2 Address or location of access: 9451 WCR 57,Keenesburq,CO 80643 Section: 15 Township: 2N Range: 64W Subdivision: Block: Lot: Weld County Road # 57 Side of Road: West Distance from nearest intersection: 1,800' 3. Is there an existing access to the property? Yes ® No ❑ #of accesses 1 4. Proposed Use ❑Permanent ®Residential/Agricultural ❑industrial ❑Temporary ❑Subdivision ❑Commercial ['Other 5. Site Sketch N — -- O R T Lot B Existing AglRes H Lot A roposed Ag/Res WCR 57 WCR :?_0 -► --- -- OFFICE USE ONLY: Road _ 5-7 ADT 0 —Date Accidents-- Date Road_2 a ADT l —Date Accidents Date J— Drainage Requirement Culvert Size _ Length Special (Requirements K, `✓ e.•.F ;.j - 1=r,i~ - ,.*-a . . ",�..,r : u,t O Installation Authorized O Information insufficient Reviewed By: -- _ Title: ' 40 R 64 W JOINS MAP 31 7____ GUTTERSE N WASTE RICHARD E 8 & CO SERVICES CONNIE C. A CO. HARKIS - I- 5 RICHARD&Qlt 3 2 eto p o x CHARLOTTE '- a UA( ', , aLJ a HARKIS o RICHARD E RICHARD 3 `-j ft-4 HARKED' CHARLOTTE L I-;ARKIS 8 - 9 !0 --II --- 12 EL MA J. MIAROLF p L TCD{+ _ SLOAN �?' ',TAT E / Y STEVEN CA LAWRENCE E. _ LIMITED PARTNER- z a a ALVIN D- J GERKIN etas / / . SHIP m 05 z Li., ' GRAY imam�s,E�eN y Mal 17 16 13 wzwf5ow w `> 14— OI USA. w Li UT c » za FH.A / w H z m J TCa vil ¢ am 0 aw 3 `p I w CF PAUL R. "c� / � �7. LE. dGA FREDRC � GREELEY DORCUS MARC D. & BTA R K E .=- W (' kK:N L. E it 2 co SHARON L. NATIONAL SCHMIDT SHERI L. ,� a BANK, �� SIRIOS "� 2 et al ww 3 MINNE MCC -T w I /. TRUSTEE TCH etas �`P K 20 21 _ GREELEY / 22 __-. ,c -' \ 23 __.__ 2� JAMES L 4- JNATIONAL J --) JOHNH.kir E1 EI_MER J. STANLEY w., FRANZ P HELEN I. BANK, um'J NEVA R. , GNGERiCH "" _�� 'SIR105 TRUSTEE KAUFFMAN GL- ARNUSCH A KELLER der al i I X2°4 H.E r° - I WI ?TIM 0_,- %�SHAKLEL,et al BAJ JAMES te -PACT -V / IB ' 1' DAVID E d L MECIYIY ROB...ME' J MARIE K. BELL ___ K PIPPIN Hal rare ca m La aL 2 4-4( 2 -� I ��..2.1. J[` (,—.. 27 aCS - i� ESSURRR� f 25 cR �' ANNA ew JOHN B.& sc BRNAK WALTER R r UBEN SHAARON Nr_sNArION'`I. Qo AFsI 3AUM- PARKER Ai GROUP CRAIG CI 's 3ARTNER I TAR ' t /`"1-7-; 1 MARI LYNN A '� I r MARION A. & DONALD • S - �— d 1 ROSIN SON DONALD L. WILLIAM H CYNTHIA A M etig I'D EWNAM \� RICHARD& LJ ISLOAf•. - VY4'CKIER j� wOFF ¢ SHIRLEY F et Clal �r Qru "STEWART s?ATE CAME -----33 >z J_J I RD as - 35 36 UR DET Tf_ isR e a w w t� ROBERT a.5 -j g De REMER JAMES L m��' SHRLErF Q - OAK K. t.AlcEs HALE �Ox67 FRITZ- ¢ ce ERNES- J ' BUTCHER cowm' etal ..mu)LL _ER W SHARP,JR. It n v 1 SO i�14 53 I 5 5 JOINS MAP 41 57 59 61 A 0 MEMORANDUM TO: Clerk to the Board DACE: Novenbcr 7 'OUO COLORADO FROM: Frank B. Hempen, Jr., Director o'Public Works/C ty Engineer SUBJECT: Agend1, Items Please submit the enclosed items for the Board's next agenda: Two separate Nonexclusive License Agreements for the Upgrade and Maintenance of weld ( bunt Right-of-Way on W CR 57. One Agreement represents Lot A and the other is for Lot B,both are with Donald Luke, Sr. Upon execution of both agreements, please send a copy to Donald Carroll at the Public Work Department. The appropriate documentation is attached. Enclosures pc: Donald Carroll, Engineering Administrator Hello