HomeMy WebLinkAbout931304.tiff RESOLUTION
RE: APPROVE LICENSE AGREEMENT TO PLACE AND MAINTAIN STRUCTURES WITHIN WELD
COUNTY ROAD RIGHT-OF-WAY WITH THOMAS G. KELLY 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 Thomas G. Kelly,
2401 Weld County Road 42, Berthoud, Colorado 80513, and the County of Weld,
State of Colorado, with terms and conditions being as stated in said agreement,
and
WHEREAS, said agreement concerns property which lies in the SW* of
Section 21, Township 4 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, which is more particularly described in the deed which is attached to
said agreement and referred to as Exhibit "A" to 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 to Place and Maintain Structures
within Weld County Road Right-of-Way between Thomas G. Kelly and the County of
Weld, State of 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.
931304
EGO°32.
LICENSE AGREEMENT - KELLY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 27th day of December, A.D. , 1993.
(/�� BOARD OF COUNTY COMMISSIONERS
ATTEST: IV
/0/17144
0/171 WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED
Constance L. Harbert, Chairman
fiez(-6/L21.--fre
ese 1BY. Cle the Boa W.I We s er, k le ii
APPROVED AS TO FORM: / G4 � ;
G�r��g . Baxt r
unty A(Lorne ` Dale K. Hall
A/�[ � u_ .1•L . /tit /XCcce/t--
Barbara J. Kirkme r 0
931304
LICENSE AGREEMENT TO PLACE AND MAINTAIN STRUCTURES
WITHIN WELD COUNTY ROAD RIGHT-OF-WAY
THIS LICENSE AGREEMENT is made and entered into this /_3 day of
btafri/jEie , 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 Thomas G. Kelly, as "Second
Party, " whose address is 2401 Weld County Road 42 , Berthoud, Colorado
80513 .
WITNESSETH:
WHEREAS, Second Party is owner of property which lies in the
Southwest quarter of Section 21, Township 4 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 north of Weld County Road 42 ,
which is a 60 foot right-of-way used by the public for travel and access
to properties, and
WHEREAS, Second Party has constructed and plans to maintain certain
structure(s ) 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, his successors and
assigns , a license to install and maintain the following structures
within the road right-of-way of Weld County Road 42, between Weld County
Roads 5 and 7 , and lying south of the property which is described in the
attached Exhibit "A" :
A. A brick and metal mailbox.
Second Party agrees to the following terms and conditions :
1 . Second Party shall be solely responsible for payment for any
costs associated with installation and/or maintenance of the mailbox.
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
Page 1 of 3 Pages
9313C4
mail to his 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 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
installation and maintenance of said mailbox.
4 . 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.
5 . 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 .
Executed the dd'ay/�a�nd year first written above.
ATTEST: FIRSTtth PARTY:
Weld County Clerk to the Board COUNTY OF WELD, STATE OF
COLORADO BY AND THROUGH THE
BOARD OF COUNTY COMMISSIONERS OF
By: K7n J THE COUNTY OF WELD
Deputy C rk to the Board �f
^
APPROVED AS TO FORM: BY: �// J � � /
C airman pmwm /x,29/93
riP2/lire- 4127
Count t Attorney
Page 2 of 3 Pages
931304
SEZA:T7ix
THOMAS G. KELLY
SUBSCRIBED AND SWORN to before me this /SIC day of
, 19 93 .
WITNESS my hand and official seal .
o ary Public
My commission expires : t Y Ccmmiz:c Ex it "t. -7ubb"
1707 North Main Street
Longmont, CO 80501
lakelly.gjb
Page 3 of 3 Pages
93134 -
B 1295 REC 02246843 04/11/91 11: 28 10. 00 1/002
bR,2y6g43 F 1822 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
QUITCLAIM DEED
THOMAS G. KELLY and JUDY KELLY, whose street address is 14741
Weld County Road 3, Longmont, Colorado, 80504, for the consideration of Tcn
Dollars ($10.00) and other valuable consideration, in hand paid, hereby sells
and quitclaims to THOMAS G. KELLY, whose street address is 14741 Weld
County Road 3, Longmont, Colorado, 80504, the following real property in the
County of Weld, State of Colorado, to wit:
As shown on Exhibit "A" attached hereto and hereby made
a part hereof together with 25 units of Northern Colorado
Water Conservancy District and 49 shares of capitol stock
in the IDA Starbird Ditch Company.
also known as street and number 20116 Weld County Road 42, Berthoud,
Colorado, 80513, with all its appurtenances, subject to Deed of Trust of
Record, real property taxes and assessments for the year 1991, and
subsequent years, and easements, restrictions, covenants, and rights of way
of record, if any.
Signed this i / day of March, 1991.
THOMAS G. KELLY
>4 JUD KELL'S(
/
STATE OF COLORADO
)ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this 3) S} day of
March, 1991, by Thomas G. Kelly and Judy Kelly.
WITNESS my hand and official seal.1 /
U
g4 city L. J G k itG i—..
Nohary Public
L4
My commission expires �- Ll �1S
EXHIBIT "A"
931304
-
• . .
• B 1295 REC 02246843 04/11/91 11: 28 510.00 2/002
F 1823 MARY ANN FEUERSTEZN CLERK & RECORDER WELD CO, CO
...—.E%11181.1. "A"
The South Half of the Southwest Quarter (S1/2 SW1/41 of Section
.Twenty-one ( 211 , Township Four ( 41 North of Range Sixty-eight
( 68) West of the 6th P.M. , County of Weld, State of Colorado; .
ALSO that part of the North Half of the Southwest Quarter (N1'2_
SW1/41 of said Section, Township and Range, described as
•
follows:
•
Beginning at a point on the division line dividing the North
Half (N1/2) from the South Half (51/21 of said Southwest Quarter
(SW1 /41 , 1500 feet East from the West Line of said Quarter .
Section; l •
thence running North 46 Degrees 30' East , 510 feet; l '. ..
thence North 75 Degrees East 836 feet to the East Line of said .
Quarter Section; • •
• thence South along said East Line to the Southeast Corner (SE .
Corl of said North Half of said Southwest Quarter (N1/2 SW1/41 ; •
thence West along the dividing line between the two halves of '
this Quarter Section to the Place of beginning lying South of
the Little Thompson and in the North Half of the Southwest
Quarter (N1/2 SW1/ 41 of said Section. EXCEPT parcel of land
described as follows:
. Beginning at the Northwest Corner (NW Cor) of the South Half of ,
the Southwest Quarter 151/2 SW1/4) of Section 21 , Township 4 j... .
North, Range 68 West of the 6th P.M. , County of Weld, State of
• Colorado;
thence South along the West Line of the South Half of the
Southwest Quarter (S1/2 SW1/4 ) of said Section 180 feet; _
thence North 89 Degrees 51 ' 39" East, 253 fee ti
thence due North 180 feet;
thence West along the North Line of the South Half of the
• Southwest Quarter (81/2 SW1/41 , 253 feet to the Point of 4 '
. Beginning. EXCEPT a tract of land located in the South Half of
the Southwest Quarter (51/2 SW1 /41 of Section 21 , Township 4
North, Range 60 West of the 6th P.M. , County of Weld , State of
Colorado, and being more particularly described as follows:
Commencing at the Southwest Corner (SW CGor) of said Section 21
and considering the West Line of the Southwest Quarter (SW1 /4 )
G:
of said Section 21 to bear North 00 Degrees 16' 32" East with
• all other bearings contained herein being relative thereto;
thence North 00 Degrees 16' 32" East, 766 . 54 feet to the True
Point of Beginning; •
thence continuing North 00 Degrees 16' 32" East , 385 . 29 feet
to the Southwest Corner (SW Cor) of that parcel described in
•
Book 793, Reception Number 1715145 , Weld County Records;
thence along the South and East sides of said parcel by the
' .following Two ( 21 courses:
North 89 Degrees 57 ' 39" East, 253 .00 feet; • '
North 00 Degrees 16' 32" East, lU0.00 feet to a point on the
North Line of the South Half of the Southwest Quarter (S1/2
SW1 /41 of said Section 21 ;
thence North 89 Degrees 57' 39" East, 540.47 feet along said
•
North Line;
thence South 11 Degree:; 22' 50" East, 141 .25 feet; .
thence South 54 Degrees 15' 00" East, 199.70 feet;
thence South 20 Degrees 46' 00" West, 189. 10 feet; . •
thence South, 22 Degrees 51 ' 00" West , 93 .81) feet;
thence South 77 Degrees 25' 00" West , 369.90 feet; '
•
•
thence South 89 Degrees 12' 00" West , 340.01) feet; I
thence North 36 Degrees 08' 00" West, 46.02 feet; I.
thence North 89 Degrees 43' 20" West , 154 .55 feet to the True i'..
Point of Beginning _ - -
.. . -'
^'4
L
•
•
q
yA•
•
L._
<L L
I-�
. � ._.
< ��
PJ 4O -_-
pWnvert
$ . }5c �
O
N u
ayoj welt qv).- els
Co
•
reara
sPo �XrnM u1 a n� ¢ � pp ri v � a yl '. $ 0013
t
4fJ• y. �Y (IY N XXilh#1`Af �'�.:�� Vl f, M �•9
H� ,.3 ##'"°�_ytS">`•�k'�'AY�� '�N c'tt t..:3fE� {'. " �f �."4 st„Xt.' �.M y.''�g ' 1� 1` y �
'�i-. .. i'^ '•7J., .S� i�R. �01�t..;. .�.i� .y. E rr '"'� a^'f �,n v
Hello