HomeMy WebLinkAbout890115.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY KNOWN AS
BRUNO AVENUE AND AUTHORIZE CHAIRMAN TO SIGN
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 of County Commissioners of Weld County,
Colorado, closed the right-of-way known as Bruno Avenue between
Tate Avenue and Weld County Road 33 by Resolution dated August 28 ,
1985, and
WHEREAS, said right-of-way is in Country Estates Subdivision,
which is located in Section 23, Township 1 North, Range 66 West of
the 6th P.M. , Weld County, Colorado, and
WHEREAS, it was agreed by said Board that if the owners of
the lots adjacent to the closed Bruno Avenue wish to privately use
said right-of-way, they could do so only if they signed agreements
with Weld County, wherein the limitations of said use would be
defined, and
WHEREAS, the Board has been presented with an Agreement with
Kenneth W. and Rhonda K. Lahaye, purchasers of Lot 1 , Block 3 ,
Country Estates, 2nd Filing, for the private use of the
right-of-way known as Bruno Avenue, and
WHEREAS, the terms and conditions of said Agreement are as
stated in said Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement with
Kenneth W. and Rhonda K. Lahaye for private use of the
right-of-way known as Bruno Avenue be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
��eal eex - 7Sec - 4/5 iejaCe. 890115
Page 2
RE: PRIVATE USE OF RIGHT-OF-WAY - BRUNO AVENUE
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
January, A.D. , 1989.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder (�
and Clerk to the Board C.W. Rix y, airman
l \ n Y�
ark-241 .€ o f eJ a • e e J son, Pro-Tem
Deputy County erk bmor en/zit
APPROVED AS TO FORM: ene R. Brantner
George Ken y
o./••
t
CountyAttorney
Go - ='- . y a�
890115
AR2169445
AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY
KNOWN AS "BRUNO AVENUE" IN WELD COUNTY, COLORADO
M O
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THIS AGREEMENT,andentered into A this ' day Sof
SI S
19 ffq by and between the BOARD OF COUNTY COMMISSI ERSS OF LD
U COUNTY, COLORADO, a body politic and corporate, ganized and
a existing by virtue of the laws of the State of Colorado, and the
ow Weld County Home Rule Charter, whose address is 915 Tenth Street,
9X Greeley, Colorado 80631 , hereinafter referred to as "County, " and
o W KENNETH W. LAHAYE and RHONDA K. LAHAYE, 13291 W. 58th Avenue,
A Arvada, Colorado, 80002, hereinafter referred to as "Private
o Users. "
U
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u7 C.
*. ,n WHEREAS, the Board of County Commissioners of Weld County,
a+ Colorado, closed the right-of-way known as "Bruno Avenue" between
OM "Tate Avenue" and Weld County Road 33 by Resolution on August 28,
w 1985, a copy of which is attached hereto and is incorporated
O1w u herein, and
� z
• F WHEREAS, said right-of-way is in Country Estates Subdivision,
o a which is located in Section 23, Township 1 North, Range 66 West of
ICI
W the 6th P.M. , Weld County, Colorado, and
srw
'It 44
‘C) z WHEREAS, Lot 1 , Block 3, Country Estates, 2nd Filing, a
(4 4 subdivision of Weld County, Colorado, located in Section 23,
c' >, Township 1 North, Range 66 West of the 6th P.M. , is directly
o W adjacent to Bruno Avenue, and
,., co WHEREAS, Private Users are currently under contract to
N M purchase said lot from William B. Nester and Gladys R. Nester,
rio 16014 Bruno Avenue, Fort Lupton, Colorado, and
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WHEREAS, Private Users wish to use part of the closed Bruno
--- Avenue directly adjacent to said lot for private use, and
WHEREAS, the County deems it advisable to allow said use
according to certain conditions.
NOW, THEREFORE, County agrees to allow Private Users to put
the portion of Bruno Avenue which is directly adjacent to to Lot
1, Block 3 , Country Estates, 2nd Filing, a subdivision of Weld
County, Colorado, located in Section 23 , Township 1 North, Range
66 West of the 6th P.M. , to private use, according to the
following conditions:
890115
Page 1 of 3 Pages
1 . Limitation of Space. That Private Users may only use
,.) o that portion of Bruno Avenue which is directly adjacent to the
° u above-described lot and which extends to the centerline of said
- Avenue.
N o
O
aw 2. Type of Use. That Private Users may use that portion of
c 3 Bruno Avenue described above for any private use, except that
o a Private Users may not take any dirt, gravel, sand, etc. , from said
+a w portion of Bruno Avenue. Additionally, Private Users may not
a place any structures or buildings upon said portion of Bruno
u Avenue.
0
3 . Indemnification of Loss Occasioned by Private Use of
oa Bruno Avenue. That Private Users hereby agree to indemnify County
w from any and all liability, loss, or damage County may suffer as a
m u result of claims, demands, costs, or judgments against it arising
out of said personal use of Bruno Avenue by Private Users, whether
M H the liability, loss, or damage is caused by, or arises out of, the
� Ew+ negligence of County or its officers, agents, employees, or
o a otherwise, except for the liability, loss, or damage arising from
the intentional torts or the gross negligence of County or its
�
w employees while acting within the course of their employment.
a w
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.+ z 4 . Term. This Agreement will be in effect from the date of
o signing until the earlier of the following:
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a. This Agreement will terminate upon Private Users '
N o 01 transfer of possession of Lot 1 , Block 3, Country Estates,
N M 2nd Filing, a subdivision of Weld County, Colorado, located
~ in Section 23, Township 1 North, Range 66 West of the 6th
cow P.M. Any person (s) who may gain possession of said Lot from
Private Users must enter into a new Agreement with County for
the private use of that portion of Bruno Avenue which is
directly adjacent to said Lot.
b. County may terminate this Agreement and revoke its
consent for the private use of Bruno Avenue by Private Users
at any time. County must notify Private Users of such
termination, in writing, at least twenty (20) days prior to
the desired date of termination.
c. Upon termination of this Agreement, Private Users
must remove all personal belongings from said portion of
Bruno Avenue prior to the date of termination.
590115
Page 2 of 3 Pages
MO
0 0
0
xi0 5 . That this agreement shall become null and void if Private
Users do not complete the purchase of and receive a deed for said
I.4 lot from the Nesters within 120 days of the signing hereof.
00 Private Users shall provide a copy of the deed to the County
within said time period.
ow
W IN WITNESS WHEREOF, the parties hereto have hereunder
0 subscribed their names the day and year first above written.
'n a `� BOARD OF COUNTY COMMISSIONERS
o o ATTEST: , i4
IQ� WELD COUNTY, COLORADO
ox
x Weld County ,Recorder By: g ��-G
uand Clerk,, Chairman
\w epu V, er
w PRIVATE USER:
InV AI
v W
rn �ie
,`0a By:
KENNETHLAHAYE
N
o >+ SUBSCRIBED AND SW$i to before me this ;)-: .24day of
oi MM 0 ola , 19 `o Tds SS my hand and official sealiii: ,
NM i � • R � �.y
NM .P<"v .^ry HI 0 z„2 : p o- ', Nota Pu i
•. ‘e\344. lion expires: 5.--c1,5-2i1
PRIVATE USER:
BY: I2iial idlakyE/
R ONDA R. LAHAYE
SUBSCRIBED AND SWORN to before me this ate_day of
, 19 D7 .
on+wTTW S my hand and official seal.
; L F4T ,
p
2.`� �., , V''': Notar the
$ ° : p��Qmuns� ision expires: 5-may I
rE•
.F, ,,` Page 3 of 3 Pages
890115
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