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Home My WebLink About930207.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT FOR PLACEMENT OF STRUCTURE WITHIN WELD COUNTY ROAD RIGHT-OF-WAY WITH FEDERAL AVIATION ADMINISTRATION 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 has been presented with a License Agreement for Placement of Structure within Weld County Road Right-of-Way between Federal Aviation Administration and Weld County, Colorado, with the 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 License Agreement for Placement of Structure within Weld County Road Right-of-Way between Federal Aviation Administration and Weld County, Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 1st day of March, A.D. , 1993. id4th BOARD OF COUNTY COMMISSIONERS ATTEST: D COUNTY, COLORADO Weld County Clerk to the Board t/4' Constance L. Ha,X a/r (/,t , CChaJ�iry�maan`/��j' BY: ,, 1, / k V Deputy Clerk to the Boa W. H, Webste_ PrrcbyTe�(/J_ APPROVED A TO FORM: C • !�� c4 ge Baxte 1 County Attorney Dale K. Ha 1 Barbara J. Kirkmeye'r 930207 FAOD3a c . LICENSE AGREEMENT FOR THE PLACEMENT OF STRUCTURE WITHIN WELD COUNTY ROAD RIGHT-OF-WAY THIS LICENSE 1 AGREEMENT is made and entered into this cJ_ day of Y . _ , A.D. , 1993, 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 the FEDERAL AVIATION ADMINISTRATION, whose address is 1601 Lind Avenue, S.W. , Renton, Washington 98055-4056, as Second Party. WITNESSETH: WHEREAS, Second Party desires to place a 30 foot high wood pole in the Northeast Quarter of Section 1, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado, to be used as a reflector site to calibrate the ASR-9 site at Platteville, Colorado, and WHEREAS, First Party is the owner of a road right-of-way located as follows: the north 30 feet of Section 1, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Second Party wishes to install said pole within said road right-of-way as shown in the attached Exhibit "A" . 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 place a 30 foot high wood pole within the road right-of-way owned by First Party and located as follows : the north 30 feet of Section 1, Township 3 North, Range 66 West of the 6th P.M. , Weld County, Colorado. The conditions by which Second Party may place said 30 foot high wood pole within said road right-of-way are as follows : 1 . Second Party may place said 30 foot high wood pole within said road right-of-way only as shown on the plat map which is attached hereto and is referred to herein as Exhibit "A" . 2 . Second Party may place said 30 foot high wood pole within said road right-of-way only in a manner which is consistent with and in compliance with all ordinances, rules, regulations of Weld County, Colorado, and must remove, at its sole expense, said wood pole upon Page 1 of 3 Pages revocation of this License Agreement by the First Party provided for in paragraph 4, below. 3. The installation of said wood pole by Second Party of said road right of way must be at its own expense and without the aid or use of Weld County funds. 4. First Party retains the right to revoke this License Agreement at any time for any reason. First Party shall give Second Party written notice of its intent to revoke the License Agreement at least ninety (90) days prior to the date of revocation. Such notice shall be sent to Second Party by Certified Mail 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 its address written above. 5. Lessee is self insured. In accordance with and subject to the conditions, limitations, and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 U.S.C. 2671 et. seq. ) , hereafeter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where a private person would be liable in accordance with the law of the place where the act or omission occured. The foregoing shall not be deemed to extend the Government's liablility beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 6. Second Party shall not assign any or all of its rights under this License Agreement without first obtaining written consent to such assignment from First Party. 7. First Party does not in any way warrant or guarantee its ownership of the road right of way which is the subject matter if this License Agreement. It is mutually understood and agreed that this License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. Page 2 of 3 Pages 930207 EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: ATTEST: �� WELD COUNTY, COLORADO, by and through the Board of County Clerk to the Board Commissioners of Weld County, of County Commissioners Colorado of Weld County, Colorado By:�C '/ By:La7r...,„„A eputy Clerk to the B Constance Harbe , Chair an OS SA/3 SECOND PARTY: FEDERAL AVIATION ADMINISTRATION BY: 7:vc- 7 c>syL Keith Moon Contracting Officer SUBSCR/IJ Ep ANDA SWORN to before me this /5 r day of �jGwn f� , 19 g3 . WITNESS my hand and official seal . Notary Publ c My commission expires : r�a�c�:;........_.. :: W. , _;;,3,'305 lafedral.gjb Page 3 of 3 Pages 930207 r _ U.S. Department ? "" rfl 25 fir iitiot't#twest Mountain Region 1601 Lind Avenue,S.W. of Transportation 1 •Cobb�kedo, Idaho, Montana Renton,Washington 98055-4056 Oregon,Utah,Washington Federal Aviation CLE7, Wyoming Administration Mr. Bruce Barker Assistant County Attorney 933 North 11th Avenue P.O. Box 1948 Greeley, Colorado 80632 Dear Mr. Barker: Subject: MTI Reflector Site License. Enclosed are three signed copies of the License prepared by your office. Our attorney has reviewed the License and requested that the indemnity clause be changed to the clause stated in item number 5 on the attached signed License. Also, please send two fully executed copies of the License to this office for our records. The FAA appreciates your cooperation in this matter and should you have any questions regarding this matter please contact me at (206) 227-2944. Sincerely, Keith Moon Contracting Officer Real Estate and Utilities Branch Enclosure ;930207 Ego-o3,9, - _COUNTY -- - --- S 8749'55 w ROAD 38 (60' RIGHT—OF—Old -I- — — — — 1_� nr \NW COR. SEC. 1, T 3 N, R 66 W, 6TH P.M., WELD COUNTY. FND. NO. 4 REBAR AS SHOWN AND DESCRIBED ON MONUMENT RECORD DATED OCT. 13, 1987, BY LS 23500 N JL 1f 0 50 100 150 200 SCALE:1"=100' NOTES 1. BASIS OF BEARINGS: THE LINE FROM THE CENTER OF EXISTING TOWER TO THE PROPOSED LOCATION OF MTI REFLECTOR WAS FOUND TO BE N 02'06'44" E BY SOLAR OBSERVATION TAKEN DECEMBER 30, 1992 BY HOUR ANGLE METHOD. ALL BEARINGS SHOWN HEREON ARE ROTATED TO SAID BASIS OF BEARINGS. 2. THE RIGHT-OF-WAY INFORMATION FOR COUNTY ROAD 38 IS FROM WELD COUNTY OFFICE OF ENGINEERING AND PLANNING, THE TOTAL ROAD RIGHT-OF-WAY IS 60' BEING 30' ON EACH SIDE OF THE NORTH LINE OF SEC. 1, T 3 N, R 66 W. S 02'06'44" W 25.07' -- - - - - -- - - _ 5372.44-- - -- - - - - - --pf - 385-.4r( r_ __ IJ 84'08'18" E �/ 388.08' NE COR. SEC. 1, T 3 N, R 66 W, I 6TH P.M.. WELD COUNTY. FND. NO. 4 REBAR AS SHOWN AND DESCRIBED ON MONUMENT 'PROPOSED LOCATION FOR MTI TOWER, RECORD DATED SEP. 21, 1984 LOCATED AT A PERPENDICULAR DISTANCE BY LS 7242 OF 25.00' TO NORTH LINE OF SEC. 1, ON ALIGNMENT AS SHOWN HEREON. i rnl m! -a- 10 W il- b o z EXISTING RADAR TOWER FND. BRASS CAP SET ON CENTER OF TOWER WAS ESTABLISHED BY A WIGGLE CONC. PEDESTAL MARKED IN POINT BETWEEN THE CENTERS OF THE NW & SE "TRUE NORTH' \ OWER BASEPLATES INE AND IT ISTIPE POINT R THIS \\\\ DIAGONAL LINE TO WHERE IS PERPENDICULAR TO THE CENTERS OF THE NE & SW BASEPLATES. N 00'01'53" W----.__ S 71'24'12" E 44.10' 1 15.25' cp USGS CONTROL POINT "GOBLE" FND. BRASS CAP SET ON CONC. PEDESTAL NO. 1 DATE I REVISION I a SURVEYED POINT FOR MTI REFLECTOR, YLSTRA LOCATED IN THE NE • 1/4, SEC. 1, T 3 N. R 66 W, 6TH P.M., WELD COUNTY, SOUTH AKER E R SIDE OF COUNTY ROAD 38, URVEYING, INC. CLIENT: FEDERAL AVIATION ADMINISTRATION 1510 WEST TUFTS AVENUE • ENGLEW00D, CO 80110 F B 350 CK: JRZ NO. SHEET PHONE (303) 781-0700 __ Hello