HomeMy WebLinkAbout900649.tiff AR2221505
RESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR USE OF 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 z to
Rule Charter, is vested with the authority of administering the Q H
affairs of Weld County, Colorado, and N N
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WHEREAS, the Board has been presented with a License z7
Agreement for Use of Right-of-Way between Weld County and Angelo K n
LaGuardia, and o
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WHEREAS, said License Agreement concerns right-of-way for an z bO
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alley shown on the plat of East Eaton, and ►'
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WHEREAS, after review, the Board deems it advisable to 01
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approve said License Agreement, with the terms and conditions m o
being as stated in the Agreement, a copy being attached hereto and m
incorporated herein by reference. m
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NOW, THEREFORE, BE IT RESOLVED by the Board of County ri VD
Commissioners of Weld County, Colorado, that the License Agreement r o
for Use of Right-of-Way between Weld County and Angelo LaGuardia x r
be, and hereby is , approved. H
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BE IT FURTHER RESOLVED by the Board that the Chairman be, and M o
hereby is, authorized to sign said License Agreement. n
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The above and foregoing Resolution was , on motion duly made 6
and seconded, adopted by the following vote on the 23rd day of tsw
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July, A.D. , 1990 . •
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u1 /, i BOA F COUNTY COMMISSIONERS
ATTEST.t 44(A-44 WEL UNTY, COLORADO H
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Weld COWaSy Clello to the Board /C/ n c
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,ene R. Brantne , Chairman a
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) Geo e K nne Pro-Tem
tyLl/T7/t-�1“cs- �c- -mot� �J Y.
Deputy Clerk to the Board
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APPROVED AS TO FORM: onstance�L�
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C.W. Kir y
County Attor ey
Gor .
900649
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LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY
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THIS LICENSE, made and entered into this=> day of
N Ai , A.D. , 1990, by and between WELD COUNTY, COLORADO,
by and tArough the Board of County Commissioners of the County of
Weld, State of Colorado, 915 Tenth Street, Greeley, Colorado m
80631 , as First Party, and ANGELO LAGUARDIA, 154 East Fourth o
Street, Eaton, Colorado, 80615, as Second Party. H
WITNESSETH:
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WHEREAS, Second Party is the owner of the west 56 feet of '� o
Lots 1, 2 , and 3 , of Block 2, East Side Addition, Town of Eaton, N
County of Weld, State of Colorado, as transferred by Deed recorded z n>
in Book 1160 , Reception No. 2103817 , as well as the owner of the „yam
east 25 feet of Lots 11 and 12 , and all of the east 50 feet of Lot to o
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10 , excepting the west 25 feet of the north 50 feet of Lot 10 , G
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Block 2 , East Side Addition to the Town of Eaton, County of Weld, • o
State of Colorado, as transferred by Deed recorded in Book 1206 , \
Reception No. 2152245, and which is referred to collectively Ni,
hereinafter as "Property, " and 2
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tl WHEREAS, property lies either side of a right-of-way for an o
alley shown on the plat of East Eaton, and
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WHEREAS, Second Party desires to use for private use that r -
portion of the alley which lies between the lots of the Property, • o
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WHEREAS, there is no use of said alley by the public evident,
and c
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WHEREAS, upon Second Party' s request to privately use said o
alley, First Party agrees to said use and to allow Second Party to b
place a mobile home in accordance with the terms and conditions as
set forth in this License Agreement and the terms and conditions o\
of the Weld County Zoning Ordinance and Weld County Building Code. o0
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NOW, THEREFORE, in consideration of the covenants contained
herein and of the agreements of Second Party to perform hereunder
and upon the conditions herein stated, First Party does grant to
Second Party, his successors and assigns, a License to use that
portion of the alley lying between the portions of the described
Property and to place a mobile home adjacent to said alley.
The conditions by which Second Party may use said portion of
the alley are as follows :
900549
Page 1 of 3 Pages
1 . Second Party must maintain said portion of the alley by
keeping it clear of weeds and trash.
2. Second Party prohibit from using said portion of the
alley in any manner which shall damage the right-of-way.
Second Party is also prohibited from erecting any
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permanent structures within this portion of the alley.
Permanent structures shall not include mobile homes or N N
fences. co �
3 . First Party retains the right to revoke this License at gr
any time for any reason. First Party shall give Second k n
Party written notice of its intent to revoke this e
License at least 90 days prior to the date of N
revocation. Such notice shall be sent to the Second z N)
Party by certified mail to his address written above, or ,�yI-„
served upon Second Party in accordance with the Colorado ta vi
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Rules of Civil Procedure. Second Party shall have the m
duty of informing First Party of Second Party' s change z e
in address from the address written above. Upon any ii
such revocation, Second Party must remove any fence and zH la
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any mobile home or other personal property which may be o
within the right-of-way of the alley. r o
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4. Second Party agrees to indemnify and save harmless First hi
Party, its successors, assigns, employees, and agents,
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on account of any damage or loss sustained by him or any r
third person, arising by reason of Second Party' s use of Z 0
said portion of the alley. n
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5 . Second Party agrees to protect First Party and save and to{,
hold it harmless from any and all third party claims and Z 0
damages that the use of said portion of the alley and E o
the placement of any mobile home or fence and its too
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maintenance and repair may directly or indirectly cause; 0
and Second Party hereby releases First Party, its n
successors, assigns, employees, and agents from any and O�
all claims and damages of whatsoever character to any n o
personal property or to the mobile home or to any fence Oa
arising out of the actions of any of the parties to this
License Agreement or of the actions of any third party.
6 . Second Party shall not assign any or all of his rights
under this License Agreement without first obtaining
written consent to the assignment from First Party.
It is mutually understood and agreed that this License
Agreement and all of the terms and conditions hereof shall extend
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Page 2 of 3 Pages
to and be binding upon the parties hereto, and their heirs and
assigns.
EXECUTED in duplicate the day and year first written above.
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�Ael/th FIRST PARTY: o �N NATTEST: � ~
WELD COUNTY, COLORADO, BY AND � M
- nS lk-ond Recorder THROUGH THE BOARD OF COUNTY Xi
artef-C'rerk„Ecratbe` Board COMMISSIONERS OF THE COUNTY OF i•C
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.r ' WELD ATE OF COLORADO z N
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BY: ePi� 1)7IeC'P/i2 hi to
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Deputy Clerk 4tl<. ene R. Brantner, Chairman to
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SECOND PARTY: z o C] v)
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4 Pu��\ �' � Ange LaGu dia x �
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(�rIBSCRIBED AND SWORN to before me this Cl day of tri
�la 1990 . o
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WITNESS my hand and official seal. •
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Notary,, ublic no0
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My commission expires:
My Cnr.-.-. ._ >;oires
Nov.. 17, 1990
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Page 3 of 3 Pages
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