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Home My WebLink About930835.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT TO PLACE AND MAINTAIN STRUCTURES WITHIN WELD COUNTY ROAD RIGHT-OF-WAY WITH TAMSYN L. WAYCOTT 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 to Place and Maintain Structures within Weld County Road Right-of-Way between the County of Weld, State of Colorado, and Tamsyn L. Waycott, with the terms and conditions being as stated in said agreement, and WHEREAS, said agreement concerns property which lies in the NW* of Section 32, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, which is more particularly described in the deed which is attached hereto and incorporated herein as Exhibit "A", 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 to Place and Maintain Structures within Weld County Road Right-of-Way between the County of Weld, State of Colorado, and Tamsyn L. Waycott 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 23rd day of August, A.D. , 1993. Lid Pda4eten BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board ( �ti�i, ,-`>� f✓iYEGiccl� Constance rbert, Chairman BY: n yn/ 2L�,� JJJJ 1 C eputy Cle k'to the Boa W. H. Webster, Pro- em APPROVED AS TO FORM: r Z - t orge E Baxte County Adorn Da e . Ha 1 / �j %, 4Q ..,!- 1 -1 S.ed-x.t �tyt Barbara J. Kirkm yer 4 930835 O032_ cc : ECG, '/) orr LICENSE AGREEMENT TO PLACE AND MAINTAIN STRUCTURES WITHIN WELD COUNTY ROAD RIGHT-OF-WAY THIS LICENSE AGREEMENT is made and entered into this A t day of August, 1993, by and between the County of Weld, State of Colorado, by and through the Board of County Commissioners for the County of Weld, hereinafter referred to as "First Party" whose address is 915 Tenth Street, Greeley, Colorado 80631, and Tamsyn L. Waycott, as "Second Party, " whose address is 1450 Weld County Road 28, Longmont, Colorado 80501 . WITNESSETH: WHEREAS, Second Party is owner of property which lies in the Northwest quarter of Section 32, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, which is more particularly described in the deed which is attached hereto and is referred to herein as Exhibit "A, " hereinafter referred to as "Property" and WHEREAS, Property lies adjacent to and south of Weld County Road 28, which is a 60 foot right-of-way established by the County of Weld by Resolution dated October 12, 1889, and WHEREAS, Second Party has constructed and plans to maintain certain structures within said 60 foot right-of-way, and WHEREAS, First Party has agreed to grant a license for the purpose of allowing Second Party to install and maintain said structures within said road right-of-way. NOW, THEREFORE, for and in consideration of the covenants contained herein, First Party does grant to the Second Party, her successors and assigns, a license to install and maintain the following structures within the road right-of-way of Weld County Road 28, between Weld County Roads 3 and 5, and lying adjacent to and north of the property which is described in the attached Exhibit "A" : A. Two brick abutments leading to Second Party' s driveway and which rests over a culvert on the south side of said portion of WCR 28. Second Party agrees to the following terms and conditions : 1 . Second Party shall be solely responsible for payment for any costs associated with repair and/or maintenance of the culvert over which Page 1 of 3 Pages 930835 ? ^ rests the brick abutments described in paragraph A above. Second Party shall install and maintain said abutments at her sole expense. 2 . First Party retains the right to revoke this license at any time for any reason at a regularly scheduled meeting of the Board of County Commissioners of Weld County. First Party shall give Second Party written notice of its intent to revoke this license at least 90 days prior to the date of the meeting wherein the Board considers the revocation. Such notice shall be sent to the Second Party by certified mail to her address written above, or served upon Second Party in accordance with Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party' s change in address from the address written above. Upon any such revocation, Second Party must remove said structures . 3 . Second Party shall be solely responsible for repairing said structures . All such repairs shall be performed with due diligence after notification of the need for repair, shall be paid for by Second Party. 4 . Second Party agrees to indemnify and save harmless First Party, and 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 maintenance and repair of said fence. 5 . Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said structures and their maintenance and repair may directly or indirectly cause; and Second Party hereby releases First Party, its successors, assigns, or employees, and agents from any and all claims and damages of whatsoever character to said structures 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 may assign any or all of its rights under this License Agreement without first obtaining consent to the assignment from First Party. Second Party agrees to inform First Party of the assignment in writing mailed to First Party' s address written above. It is mutually agreed and understood that this License Agreement and all of the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors and assigns . Page 2 of 3 Pages 930835 Executed the ay nd� ear first written above. Ainif ��/IIIYYYATTEST: lll� FIRST PARTY: /// Weld County Clerk to the Board COUNTY OF WELD, STATE OF COLORADO BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF By: 7,4agt-4 O 4— THE COUNTY OF WELD Deputy Clerk to the Bc APPROVED AS TO FORM: BY: t�lJy 'Ai -a-,,7rde ' Constance L. Harbert, Chairma ©8M5 93 -14,- I County' Atto,rney SECOND PARTY: TAxG ) TAMSYN L. WAYCOTT SUBSCRIBED AND SWORN to before me this /37 day of ,(27 r,4.5ZL , 19y..3 WITNESS my hand and official seal . r*Not ry Pu is 915 10th St. , Greeley. , 80631 My commission expires: My Commission Expires 9/21/96 alicenee.db Page 3 of 3 Pages 930835 t, AR2211564 • • "^'"11^I" 8 1269 R!C'"02219S64 07/10/90'""15829 49.00 1/001.Hvnylhonn F 0796 MARY--ANN Y8DBRSTEIp-CLRRIIiR10OOAD8R WELD CO, CO ' !,.; �- Quit ClaimiTeerd. -rad ,• THIS DIED is a conveyance hewn the individual(s), rorporationis) w other entity(ies) named below dl , S�` CRANTOR to the indivldual(sl or entitylles)named below as GRANTEE of whatever interest the CHAN I OH may have in the real property described below. �; the GRANTOR hereby sells and quit claims to she GRANTEE the real properly described blow with all n. .q mini amines, I he spiv INC trims of this deed arc: I } Grantor Mao*wmrltl agml UN. M anIKWWWItK WA*dine IOWA* lIAAOrtMlyrNbt*Sousng Vs Ms OW *Mg a* wm CM , W"Wnl.. •i., ewas Memos*banana atde.l _ .. TAMSYN L. BROWNELL Grantee: tow,*wr and rlm.uMOL starers oh Sava na:ng awdaan toad n WOWWOWameba,..e 11100M4 I ' i +• . TAMSYN L. WAYCOT: ! . P t ^J,,, 1540 Weld County Road 28 Longmont. CO 80501 1 nF Farm of Co-OwnerMlp: of sun us in a s—Soaacf winless ore hems&they•1.la rn.aaq uae*we te..wants nsic swami W ems tit poi Newsy o eras K IS sun*swum We MIS n me*w swami • Property Description: anemia mums arm rural • I ^ Lot "A" Recorded Exemption No. 120;-32-2RE59', as per the map f v recorded September 4, 1904 in Book 1042 at Recpetiort No. 1980044, <6 being a part of the 111.11/4 of Section 32, Township 3 North, -0" Range 68 West of the 6th P.M.. 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