HomeMy WebLinkAbout860876.tiff RESOLUTION
RE: GRANT LICENSE TO DICK L. AND VIRGINIA JOANNE PIRNIE TO USE
RIGHT-OF-WAY 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 , Dick L. and Virginia Joanne Pirnie have requested
authority from the Board to construct and maintain a cement
collection box and pipe within the right-of-way of 47th Avenue,
also known as Weld County Road 33 , and
WHEREAS, the Board deems it appropriate to grant a license
for the purpose of constructing and maintaining said cement
collection box and pipe within the right-of-way of 47th Avenue,
also known as Weld County Road 33 , upon the terms and conditions
expressed in said license, 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 Dick L. and Virginia
Joanne Pirnie be, and hereby are, granted a license to construct
and maintain a cement collection box and pipe within County
right-of-way on 47th Avenue , also known as Weld County Road 33 .
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said license.
The above and foregoing Resolution was , on motion duly made
and seconded , adopted by the following vote on the 3rd day of
September , A.D. , 1986.
/1 4_ _ •f i BOARD OF COUNTY COMMISSIONERS
ATTEST (��� Ptu/wne WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Bo Jacqueline J. f'
nson , 'airman
• Go iJJs �yi r c , 0-
D puty County C rk I/ i
f -Md
APPR ED A TO FORM: ene R. Brantner
C.W. it
County Attorney
Fr
860876
LICENSE TO USE RIGHT-OF-WAY
THIS LICENSE, made and entered into this 3rd day of
September , A.D. , 1986 , by and between WELD COUNTY,
COLORADO, by and through the Board of County Commissioners of the
County of Weld, State of Colorado, 915 Tenth Street, Greeley,
Colorado 80631 , as First Party, and DICK L. PIERNIE AND VIRGINIA
JOANNE PIIRNIE, 4813 West 54th Street Road, Greeley, Colorado
80634 , as Second Party.
WITNESSETH:
WHEREAS, Second Party is the owner of property described as
follows:
A tract of land lying in Section 34, Township
5 North, Range 66 West of the 6th Principal
Meridian, Weld County, Colorado, and being
more particularly described as follows:
Commencing at the Northeast Corner of said
Section 34 and considering the North line of
said Section 34 to bear South 88°48 ' 00" East
and with all other bearings contained herein
being relative thereto:
Thence South 04°16 ' 10" East, along the East
line of said Section 34 , 1 , 866 . 28 feet to the
True Point of Beginning; thence South
23°41 ' 20" West, 214 . 79 feet; thence South
89°54 ' 10" West , 526 . 71 feet; thence South
76°47 ' 50" West, 459 . 93 feet; thence North
74°04 ' 37" East, 1 , 103 . 10 feet to the True
Point of Beginning.
Said tract of land contains 1 . 465 acres .
Said tract of land was conveyed to Second Party by deed on July
24 , 1970 , which deed is recorded in the Office of the Weld County
Clerk and Recorder at Book 630 , Reception No. 1551902, and
WHEREAS , said tract of land lies adjacent to , and to the east
of, Weld County Road 33 , which is also known as 47th Avenue, and
Page 1 of 4 Pages
86O8 76
WHEREAS , water flows from land north of said tract and along
47th Avenue adjacent to said tract, and
WHEREAS, in order to direct the flow of said water , Second
Party desires to construct and maintain a cement collection box
and pipe within the said right-of-way of 47th Avenue.
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 license to
construct, install , lay, maintain, alter, repair, operate, and
remove a cement collection box and pipe over and across the
right-of-way of Weld County Road 33 , also known as 47th Avenue
from a point approximately 210 feet from the above-stated True
Point of Beginning of said tract.
The conditions by which Second Party may construct, install,
lay, maintain, alter, repair, operate , and remove said cement
collection box and pipe are as follows :
1 . Second Party must construct said cement collection box
and pipe to the far western edge of the 60-foot right-of-way of
47th Avenue .
2. Second Party must construct, install, lay, maintain,
alter, repair, operate and/or remove said cement collection box
and pipe at their own expense and without the aid or use of Weld
County funds.
3. Second Party is prohibited from constructing,
installing, laying, maintaining, altering , repairing, and/or
removing said cement collection box and pipe in any manner which
shall damage said right-of-way .
4 . After Second Party has completed the construction of
said cement collection box and pipe, it shall remove any and all
construction materials and debris from the right of way.
5 . Second Party shall maintain and clean the sediment,
weeds , and debris which may inhibit the flow of water through said
cement collection box and pipe , and shall 'use and operate the said
cement collection box and pipe in such a manner as not to cause
damage to the road bed or traveled portion of 47th Avenue. If
such damage should occur as a result of Second Party' s use and
operation of said cement collection box and pipe, Second Party
Page 2 of 4 Pages > ry
shall pay for all repairs of said damage. In no event shall Weld
County have the duty toperform said maintenance and cleaning.
6 . First Party retains the right to revoke this license at
any time for any reason. First Party shall give Second Party
written notice of its intent to revoke this license at least
ninety (90) days prior to the date of revocation. Such notice
shall be sent to Second Party by certified mail to his 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. Upon any such revocation, Second
Party must remove said cement collection box and pipe and leave
the right-of-way in substantially the same condition as it was
prior to the construction of said cement collection box and pipe.
7 . All repairs to said cement collection box and pipe shall
be performed with due diligence after notification of the need for
repair.
8 . Second Party shall indemnify and save harmless First
Party, its successors, assigns , employees , and agents on account
of any damage or loss sustained by them or any of them arising by
reason of the laying, construction, maintenance , repair,
operation, or removal of said cement collection box and pipe.
9 . Second Party agrees to protect First Party and save and
hold it harmless from any and all Third Party claims and damages
that said cement collection box and pipe and its operation,
construction, maintenance , repair, and/or removal may directly or
indirectly cause; Second Party hereby releases First Party, its
successors , assigns, employees, and agents from any and all claims
and damages of whatsoever character to said cement collection box
and pipe or other property of Second Party located in, along, or
across said cement collection box and pipe arising out of either
the operation or maintenance of said cement box or pipe or other
portions of Second Party' s irrigation system resulting from any
other act either on the part of First Party or on the part of any
third party.
10 . Second Party shall not assign any or all of its rights
under this license without first obtaining written consent to the
assignment from First Party.
It is mutually understood and agreed that this License and
all of the terms and conditions hereof shall extend to and be
binding upon the parties hereto, their successors and assigns .
Page 3 of 4 Pages
EXECUTED in duplicate the day and year first above written.
FIRST PARTY:
COUNTY OF WELD, STATE OF
COLORADO, BY AND THROUGH THE
BOARD OF THE COUNTY COMMIS-
SIONERS OF THE COUNTY OF WELD,
� STATE OF COLORADO
i
ATTEST: ,1A-1.�
Weld County Clerk and Recorder
and Clerk to the Bo � By
�'--" Chairman
� r "Lacy Profem
By; _
D putt' County Cl rk
SEC D P RTY
DICK L. PIERNIE
SUBSCRIBED AND SWORN to before me this 00 day of
, 19 j
WITNESS my hand and official seal.
M.'.. n
N ry u h c TV\
My commission expires:
4
My Commission €xpires dc1. TO, 1987
VIRGINIA ANNE PIg NIE
SUBSCRIBED AND SWORN to before me this /9.4-12- day of
r 19 Q ,-,
WITNESS my hand and official seal.
art' Pub is
My commission expires:
My Commission Expires Oct. 10, 192;
Page 4 of 4 Pages p�
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