HomeMy WebLinkAbout860304.tiff RESOLUTION
RE: AUTHORIZATION FOR CHAIRMAN TO SIGN AGREEMENT FOR PRIVATE USE
OF RIGHT-OF-WAY KNOWN AS BRUNO AVENUE IN WELD COUNTY,
COLORADO
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 , Mark A. and Karen R. Brown , owners of Lot 1 , Block
4 , Country Estates Subdivision, have executed an agreement for the
private use of said right-of-way for Board approval , 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 agreement with
Mark A. and Karen R. Brown for the private use of the right-of-way
known as Bruno Avenue , in Country Estates Subdivision , be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that that the Chairman
be, and hereby is , authorized to sign said right-of-way agreement.
860304
Page 2
RE: ROW AGREEMENT - BROWN
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 31st day of
March, A.D. , 1986 .
/J `� BOARD OF COUNTY COMMISSIONERS
ATTEST�a7 12.vw4. 1 /14/ WELD COUNTY, COLORADO
Weld County Clerk and Recorder \ �� _._ \.,.�\�� ►.� ±.•
and Clerk to the Board J.cque eg 3 on , hairman
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County CCali— rk
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APPR VED AS TO FORM: -ene R. =rant er
•
C.cW /// r Y
l'eallCounty Attorney
Frank Yamagu i
860304
AQdf4A] A
AGREEMENT FOR PRIVATE USE OF RIGHT-OF-WAY
KNOWN AS "BRUNO AVENUE" IN WELD COUNTY, COLORADO
M
o U THIS AGREEMENT, entered into this ,25.4± day of f Arril
0 197 / , by and between the BOARD OF COUNTY COMMISSIONERS OF WELD
COUNTY, COLORADO, a body politic and corporate, organized and
o existing by virtue of the laws of the State of Colorado, and the
a Weld County Home Rule Charter, whose address is 915 Tenth Street,
0 3 Greeley, Colorado 80631 , hereinafter referred to as "County, " and
• MARK A. BROWN AND KAREN R. BROWN, 2450 Mathews Avenue, Fort
a, W Lupton, Colorado 80621 , hereinafter referred to as "Private
a Users. "
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" a 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 on August 28 ,
x 1985 , a copy of which is attached hereto and is incorporated
10 a herein, and
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2
FWHEREAS, said right-of-way is in Country Estates Subdivision,
ocn which is located in Section 23 , Township 1 North, Range 66 West of
w the 6th P.M. , Weld County, Colorado, and
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WHEREAS, Lot 1 , Block 4 , Country Estates, 2nd Filing, a
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subdivision of Weld County, Colorado, located in Section 23 ,
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O Township 1 North, Range 66 West of the 6th P.M. , which lot Private
U a Users own, is directly adjacent to Bruno Avenue, and
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o N WHEREAS, Private Users wish to use part of the closed Bruno
HO Avenue directly adjacent to said lot for private use, and
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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 Lot 1 ,
Block 4 , 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:
1 . Limitation of Space. That Private Users may only use
that portion of Bruno Avenue which is directly adjacent to the
Page 1 of 3 Pages
860304
above-described lot and which extends to the centerline of said
Avenue.
2 . Type of Use. That Private Users may use that portion of
no Bruno Avenue described above for any private use, except that
OO u Private Users may not take any dirt, gravel, sand, etc. , from said
- portion of Bruno Avenue. Additionally, Private Users may not
` 8 place any structures or buildings upon said portion of Bruno
Avenue.
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3 . Indemnification of Loss Occasioned by Private Use of
v-w Bruno Avenue. That Private Users hereby agree to indemnify County
ofrom any and all liability, loss, or damage County may suffer as a
o result of claims, demands, costs, or judgments against it arising
ww out of said personal use of Bruno Avenue by Private Users, whether
the liability, loss, or damage is caused by, or arises out of, the
- 0 negligence of County or its officers, agents, employees, or
otherwise, except for the liability, loss, or damage arising from
the intentional torts or the gross negligence of County or its
1/40O w u employees while acting within the course of their employment.
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F 4 . Term. This Agreement will be in effect from the date of
ocn signing until the earlier of the following:
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a. This Agreement will terminate upon Private Users '
z transfer of possession of Lot 1 , Block 4 , Country Estates,
o
o z 2nd Filing, a subdivision of Weld County, Colorado, located
o in Section 23 , Township 1 North, Range 66 West of the 6th
w m P.M. Any person (s) who may gain possession of said Lot from
x Private Users must enter into a new Agreement with County for
the private use of that portion of Bruno Avenue which is
o en directly adjacent to said Lot.
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-
oaw 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.
Y3'3. R
Page 2 of 3 Pages
IN WITNESS WHEREOF, the parties hereto have hereunder
subscribed their names the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: activo ni WELD COUNTY, COLORADO
Weld Coyerk and Recorder B • . c. o\int.245%-----
and Cletk tq• e
the(7I d C airm
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PRIVATE USER:
BY: 7ildo 4g /,-girl./ 3/2S�illo
MARK A. BROWN m O
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SUBSCRIBED AND SWORN to before me this 2c "— day of en O
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;WITNESS my hand and official seal. oPI
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Pd1pligr tti�mission expires: �,4 .rtCtIcA PC,, /9R7 M a
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PRIVATE USER: fk
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BY o hk�_ �C�lit) i z
KA EN R. BRO o\ W
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y SUBSCRIBED AND SWORN to before me this (� j'day of coo
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WITNESS my hand and official seal. o z
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otary Public i ��l z
11 ,M( tomrtgiesion expires: M N2 � �2A di 03 cr
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Page 3 of 3 Pages
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