HomeMy WebLinkAbout930554.tiff RESOLUTION
RE: APPROVE LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF WELD COUNTY
ROAD RIGHT-OF-WAY FOR THE U.S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE,
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
Construction and Maintenance of Weld County Road Right-of-Way for the U.S.
Department of Agriculture, Forest Service, 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 Construction and Maintenance of
Weld County Road Right-of-Way for the U.S. Department of Agriculture, Forest
Service, 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 June, A.D. , 1993.
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BOARD OF COUNTY COMMISSIONERS
ATTEST / WELD COUNTY, COLORADO
Weld County Clerk to the Board EXCUSED DATE OF SIGNING (AYE)
Cons nce L. arbert, Chairman
/Qty �/^/g'��Lt
BY. Deputy cto the B W. H Webster, P o-Tem
APPRO AS TO FORM:
Georg E. Baxter
---County Attorney 2-1— Da Hall
Kirkme
Barbara J. Kirkme er (/
930554
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LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF
WELD COUNTY ROAD RIGHT-OF-WAY
FOR THE
U. S . DEPARTMENT OF AGRICULTURE, FOREST SERVICE
THIS L CI ENSE AGREEMENT is made and entered into this ,23/14L
day of �,c— , 1993, by and between Weld County,
Colorado, y and through the Board of County Commissioners of Weld
County, Colorado, whose address is 915 Tenth Street, Greeley,
Colorado 80631, hereinafter referred to as "County" and the U.S.
Department of Agriculture Forest Service, Arapaho-Roosevelt
National Forest and Pawnee National Grasslands, whose address is
240 W. Prospect Road, Ft. Collins, Colorado 80526, hereinafter
referred to as the "Forest Service. "
WITNESSETH:
WHEREAS, County owns and controls a road right-of-way,
otherwise known as Weld County Road 96, between Weld County Roads
61 and 77 , and
WHEREAS, said roadway runs along the south section line of the
various sections between the southwest corner of Section 6 ,
Township 8 North, Range 63 West of the 6th P.M. , Weld County,
Colorado, and the southeast corner of Section 5, Township 8 North,
Range 62 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, this portion of Weld County Road 96 was declared to
be a public highway by the Board of County Commissioners of Weld
County, Colorado on or about April 9 , 1917, and
WHEREAS, County does not currently maintain said portion of
Weld County Road 96 , and
WHEREAS, Forest Service now desires to construct and maintain
said Weld County Road 96, between WCRs 61 and 77 , in order to
provide access for the public to areas within the Pawnee National
Grasslands .
NOW, THEREFORE, in consideration of the covenants contained
herein and the agreements between the parties hereto to be
performed hereunder and upon the conditions herein stated, County
does grant to Forest Service, its successors, and assigns a license
to construct and maintain Weld County Road 96 , between WCRs 61 and
77 (along the south section line of the sections between the
southwest corner of Section 6 , Township 8 North, Range 63 West to
the southeast corner of Section 5, Township 8 North, Range 62 West
of the 6th P.M. , Weld County, Colorado) .
The conditions by which Forest Service may construct and
maintain said road right-of-way are as follows :
9, 05Jj
1 . Forest Service may construct and maintain said portion of
Weld County Road 96 according to standards which it feels
are sufficient to provide safe travel thereon.
2 . The construction and maintenance of said portion of Weld
County Road 96 by Forest Service shall be at its own
expense without the aid or use of Weld County funds .
3 . County retains the right to revoke this License Agreement
at any time for any reason. County shall give Forest
Service written notice of its intent to revoke this
License Agreement at least 90 days prior to the date of
revocation. Such notice shall be sent to Forest Service
by certified mail to its address written above or served
upon Forest Service in accordance with the Colorado Rules
of Civil Procedure. Forest Service shall have the duty
of informing County of Forest Service change in address
from its address written above.
4 . Forest Service shall not assign any or all of its rights
under this License Agreement without first obtaining
written consent to such assignment from County.
5 . County does not in any way warrant or guarantee its
ownership of the road right-of-way which is the subject
matter of this License Agreement.
6 . Upon revocation of this License Agreement by County or
upon abandonment of the License Agreement by Forest
Service, County agrees to continue maintenance of said
portion of Weld County Road 96 only if said road right-
of-way is constructed to County standards as determined
by the Weld County Engineer upon the date of revocation
or abandonment.
7 . Nothing herein contained shall be constructed to obligate
the Forest Service beyond the extent of available funds
allocated or programmed for this work, or contrary to
applicable laws, rules, and regulations .
8 . If County should terminate this License Agreement
pursuant to the terms set forth in paragraph 3 above,
Forest Service shall then have the option to purchase the
road right-of-way which is the subject of this License
Agreement for the purpose of continuing the maintenance
and upkeep of said road right-of-way for the price of $1 .
Said option must be exercised within 60 days after any
revocation as provided for in paragraph 3 above.
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 .
930554
EXECUTED the day and year first written above.
n / COUNTY:
ATTEST:
A� /� , WELD COUNTY, COLORADO, BY AND
/�� THROUGH THE BOARD OF COUNTY
CLERK TO THE BOARD COMMISSIONERS OF WELD COUNTY,
OF COUNTY COMMISSIONERS COLORADO ,%
By: /a BY: (' i�rfirt,C
C erk to t e Board Constance Ha ert, C a rman
U. S. DEPARTMENT OF AGRICULTURE,
FOREST SERVICE:
By:
lit M. M. derwood, Jr.
Fore Supervisor
SUBSCRIBED AND SWORN to before me this (29/1>" day of
6-u m_ , 19 93-:
WITNESS my hand and official seal .
If, . N. 30265- /1ELths
N tary Public
91 t t. , re 80631
My commission expires :
MY Commission Expires 9 595
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