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Home My WebLink About990019.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF PORTION OF WELD COUNTY ROAD 14 AND AUTHORIZE CHAIR TO SIGN - VEENENDAAL 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 the Upgrade and Maintenance of a Portion of Weld County Road 14 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Lillian Veenendaal, with 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 the Upgrade and Maintenance of a Portion of Weld County Road 14 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and Lillian Veenendaal be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 6th day of January, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LY, L DO ATTEST: ' v _.. ,1J) Weld County Clerk to t B §<` Dale K. Hall, Chair ' Is 1(;- Q' =' EXCUSED DATE OF SIGNING (AYE) ''' ":;--2-(2112-1 f' Barbar J. Kirkmeyer, -Tem Deputy Clerk to the UU YM \ E eorge axer PR . P AS Tai FORM: .t.(.✓ M. J. Geile llqq my torney 1 in, Glenn VaadG w. C/7 Cam' /eenCndacz/ 990019 EG0038 $ O, J,TCENSF.AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WRT.D COUNTY RIGHT-OF-WAY THIS LICENSE AGREEMENT,made and entered into d»s .6 day of Jana ri1 v e e,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 Lillian Veenendaal ,whose address is 1536 R. Mineral Ave. . Littleton. CO 80122 ,asSecondParty. WITNESSETH: WHEREAS,Second Party desires to more effectively access property located at either side of the Section line between Sec 3-1-64 & in Weld County, Colorado,and Sec 34-2-64 WHEREAS,First Party is the owner of the right-of-way known as WCR 14 for n di atance of one mile tact of WCR 55 and located as follows: 60 feet of rieht-of-wav between Section 3 and 34 in Weld County,Colorado,which is hereinafter referred to as'ROW," and WHEREAS, ROW is currently not being maintained by First Party,and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective acrpss. 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 upgrade and maintain ROW. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. 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 this License Agreement at least ninety(90)days prior to the intended date of revocation. Such notice shall be sent to Second Patty by Certified Mail to its address written above or served upon Second Patty in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Patty's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as prescribed by First Patty,which manner shall include,but not be limited to,the following: a. Section line accesses shall be graded and drained all-weather roads. 11111111111111111111111 11111 11111111111 III 111 IIII I'll 2666860 01/14/1999 08:41A Weld County CO 990019 1 of 8 R 0.00 D 0.00 JA Sukl Tsukamoto b. If the installation of a cross culvert is required through an existing drainage pattern or ditch,Second Party shall be responsible to supply and install . such advert,which shall be inspected by First Party to ensure adequacy of capacity,strength,and length. Second Party shall be responsible to maintain the advert after its installation. c. If the installation of a cattle guard is required,Second Patty shall be responsible to supply and install such cattle guard,which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation. d. This License Agreement does not grant any gating or fencing of right-of-way for private use,only for providing access to private property. 3. The upgrade and maintenance of the ROW by Second Party,including those items set forth in Paragraph 1.,above,or any other requirements stated by First Party,shall be at its own expense and without the aid or use of Weld County funds. 4. Except for the negligence of First Party,Second Party shall indemnify and save harmless First Party,its successors,assigns,employees,and agents from any damage or loss sustained by them or any of them arising by reason of Second Patty's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party,Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause and hereby releases First Party,its successors, resigns,employees,and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act,either on the part of the First Party or on the part of any third party. 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,which consent shall not be unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein,and no oral representation,promise,or consideration different from the terms herein contained shall be binding on either party hereto,or its agents or employees. This License Agreement embodies all agreements between the parties hereto and there are no promises,terms,conditions,or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this License Agreement,or the application thereof to any person or circumstances shall,to any extent,be held invalid or unenforceable,the remainder of this License Agreement,or the application of such terms or provisions,to a person or 11111111111111111111111111111111111111111111111 IIII I11I 2666860 01/14/1999 08:41R Weld County CO 0/9 2 of 8 R 0.00 D 0.00 JR Suki Tsukamoto circumstances other than those as to which it is held invalid or unenforceable,shall not be affected,and every other term and provision of this License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this License Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess,nor shall any portion of this License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this License Agreement,and all rights of action relating to such enforcement, till be strictly reserved to the undersigned parties and nothing in this License Agreement hall give or allow any claim or right of action whatsoever by any other person not included in this License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this License Agreement shall be an incidental beneficiary only. 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. , EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY,COLORADO,by and through the BOARD OF COUNTY -Li COMMISSIONERS OF WELD COUNTY, COLORADO i /4ATTEST: �� " \ Cleric to the Board I a` 1 \ By: ' By:---(Deputy Cleric t(7) .. _ Dale K. Hall ,Chair /,(2 RI V' (01/06/99) • SECOND PARTY: 11111111111111111111111 IIIII 11111111111 III 11111 IIII Ilil 2666860 01/14/1999 08:418 Weld County CO 3 of 8 R 0.00 D 0.00 JR Suki Tsukamoto 99a01/ By _ =d_. Mir SUBSCRIBED SWORN to before me this l7t-4-day of itheanditi, 19r / WITNESS my hand and official seal » . Notary Public • 0 0 Au hety dD sion expires:4/940:2- • 1 111111 11111 111111 11111 VIII 11111 111111 111 11111 11111111 2666860 01/14/1999 08:41R Weld County Co 4 of 8 R 0.00 D 0.00 JA Suki Tsukamoto 9ioagi PUBLIC WORKS DEPARTMENT WinPHONE (970)356-4000,EXT.3750 FAX: (970)352-2868 C. 933 NORTH 11TH AVENUE T P.O.BOX 758 COLORADO GREELEY,COLORADO 80632 November 23, 1998 Weld County Property Owner RE: Utilizing Section Line Access Weld County has been receiving more and more requests to license public rights-of-way for private use and the staff has asked for a policy decision. In the past,the County has allowed licensing if the licensee brought the road up to Weld County standards and then maintained the road. The license is not a legal requirement but does serve a practical purpose if someone needs proof of county permission. The license is revocable if the County opts to take control of the road and maintain it. The Board of Weld County Commissioners agreed to continue the practice but did ask for a printed statement on each license that the licensee shall not expect the Weld County to take over maintenance of the road. Please complete, sign,and return the attached License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way. If you have any questions regarding the licensing, please contact Bruce Barker,County Attorney. Weld County Public Works Department AID 111111 11111 1111111111 111111 III HIM IIII 1111 2666860 01/14/1999 08:41A Weld County CO 5 of 8 R 0.00 D 0.00 JA Sukt Tsukamoto O6i/ iia' , MEMORANDUM TO: Eric Jerman, Current Planner DATE: November 12, 1998 � C FROM: Donald Carroll, Engineering Administrator 5 • COLORADO SUBJECT: RE-2369; Liillian Veenendaal The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a party of any approval: REQUIREMENTS: The right-of-way or easement shall be a graded and drained road to provide all weather access. (Lots A and B) /The applicant shall indicate, on the plat, type of right-of-way or easement, dedicated, private, or a deed to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. XA license for upgrading and maintenance of Weld County rights-of-way may be required. cc: AmRE-415 piano ' t RIMIER Inuit VIII Win III IIIII Ell IIII 2666860 01/14/1999 08:418 Weld County CO 6 of 8 R 0.00 D 0.00 JA Suki Tsukamoto 9Cle%/)9/ P OPOSE3 PECOP3E3 =XEMPTIO \ Jr SCALE : 1 ' = /100 ' 0' 400' 800' 1200' NM MI NM =MI W . C . R . A 1 . L- 1320.00' I N;V CCR. E1 ,/? NE1/4 NE COR. E1/2 NE1 /4 SE:. T.1 N.. R.64W. / SEC. 3, T.1 N.. R.64W. L 0 T A o 5 ACRES ± O / APPROXIMATE LCCATIOI' o m i� I DENVER HUDSON CANA -i O1 a— .330.00' m m 70 mm-- ,----- '— mp� i or= 0 al .0m_ 0 m m— CO— ± a_ o D — _ — G C a :`4W 5 75.00 ACRES _ 9 _in= t M C O 7e'O — ✓ C = 3 3 — O e•— O — O— O MIN SW COR. E1/2 NE1/4 SE COR. E1/2 NE1/4 SEC. 3, T. 1 N., R.64W. SEC. 3, T.1 N., R.64W. 1320.00' CVISC14\WORK KOVAN DA.DWG 0 - . VP,- •,•c't,t,:: v. Jjs 41 R 64 W JOINS MAP 40 i JAMES D. YU STATE GAME, I E JAMES La im v i t I LAMBERT CAVERNS • Y MARC D. 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