The URL can be used to link to this page

Browse Search

Home My WebLink About992984.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF RIGHT-OF-WAY FOR A PORTION COLEMAN AVENUE IN ARISTOCRAT RANCHETTES, THIRD FILING, AND AUTHORIZE CHAIR TO SIGN - MARTINDALE 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 Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County right-of-way between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Ronald and Diana Martindale, 16075 Coleman Avenue, Fort Lupton, Colorado 80621, for a portion of Coleman Avenue being more particularly described as that portion of Coleman Avenue from the east side of Patrick Avenue, east to the east property line of Lot 8, Block 73, Aristocrat Ranchettes, Third Filing, Weld County, Colorado, with further 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 Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County right-of-way for a portion of Coleman Avenue as described above between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Ronald and Diana Martindale be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. �^ dale 992984 (r' .14, CA, / ` lU -h dr e5 EG0038 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY- MARTINDALE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of December, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY, COORADO ATTEST: 41441- � ` •` } ��G v �� ,` Dale K. Hall, Chair Weld County Clerk to t B•= Y` �► 1861 O iszp EXCUSED ��►� Bar J. Kirkmey ; Pro-Te i BY: ��4� r Deputy Clerk to the a {lU ae'/ EX U D DATE OF SIGNING (AYE) George E. axter APPROVED AS TO FORM: ��`/ ILL ` M. . Gene w !County Attorn EXCUSED Glenn Vaad 992984 EG0038 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY 2 THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 2otbday of December , 1999, 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 Ronald K. Martindale and Diana C. Martindale, whose address is 16075 Coleman Avenue, Ft. Lupton, Colorado 80621, as Second Party. WITNESSETH; WHEREAS, Second Party desires to more effectively access owned property located at Block 73, Lot 8, Aristocrat Ranchettes, Third Filing in Weld County, Colorado, and to be able to obtain building permits or to sell said lot as eligible for building permits, and WHEREAS, First Party is the owner of the right-of-way known as Coleman Avenue and located as follows: from the east side of Patrick Avenue east to the east property line of Lot 8, Block 73,Aristocrat Ranchettes Third Filing, on Coleman Avenue, in Weld County, Colorado, which is hereinafter referred to as "ROW", and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS,First Party has issued a block on building permits for said lot for reasons that have nothing to do with Second Party, and WHEREAS, Second Party wishes to maintain ROW at his/her/its sole expense in exchange for the First Party's agreement to declare said Lot 8 eligible for building permits so that it can be developed or sold. 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, it successors and assigns, a nonexclusive license to maintain ROW without gating or fencing across the same, except where the upgraded road ends at the eastern boundary line of said Lot 8. The conditions by which Second Party may maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason,but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW, and the agreement by the First Party to grant building permits for Lot 8, shall not be nullified. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety(90)days prior to the intended 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 11111111111111111 11111111 111111 1111111 I I 111111 I I I I I I I I of 5 Pages 2742252 01/04/2000 03:52P JA Suki Tsukamoto 992984 1 of 8 R 0.00 D 0.00 Weld County CO Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. Second party shall maintain ROW as a private road for a period of five years from the date of execution of this Agreement, or until further development takes place in Aristocrat Ranchettes Third Filing or some other resolution is found for the problem referenced in Paragraph 5, above. At which time maintenance of ROW shall revert to the First Party and shall no longer be the responsibility of Second Party in any way. "Further development" shall be defined as acceptance by Weld County of any application for development, building or placement of any structure intended as a residence, model home or real estate sales office involving now vacant land in third filing other than that which is now owned by Second Party, their successors or assigns. "Other resolution" shall be defined as any action by any party which results in the lifting of the block on building permits for third filing. In the event of disability or death of Second Party Ronald K. Martindale, proof of which shall be furnished to First Party, maintenance shall revert back to First Party immediately upon notification of said occurrence. "Disability" shall include but not be limited to,the loss of Mr. Martindale's medical waiver resulting in the loss of his Commercial Driver's License. Second Party shall maintain ROW for time period stated solely in exchange for the issuance of building permits for Lot 8 in accordance with now existing building codes to either Second Party or succeeding owners. If at any time First Party refuses to issue said permits applied for in proper manner and for proper use in accordance with now existing codes, Second Party's responsibility to maintain ROW shall promptly end, but Second Party shall continue to use ROW as access to their property. 3. Both parties understand that upgrade of ROW shall be done by the developer as provided for in the original approval of the third filing of Aristocrat Ranchettes Subdivision and that Second Party shall maintain ROW in such manner as prescribed by First Party,which manner shall include, but not be limited to, the following: a. ROW shall be constructed and maintained as a graded and drained all- weather gravel road in accordance with specifications faxed to Second Party by Don Carol of Weld County Public Works on August 5, 1999 at 3:35 P.M., a copy of which is attached hereto and made a part hereof by reference. Maintenance shall be performed solely at discretion of Second Party. 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 culvert, which shall be inspected by First Party to ensure adequacy of capacity, strength and length. Second Party shall be responsible to maintain the culvert after its installa- tion, including periodically cleaning the same. IIIIII VIII IIIIII IIIIII II 1111111 IIIIII III VIII IIII I'll of 5 Pages 2742252 01/04/2000 03:52P JA Suki Tsukamoto 2 of 8 R 0.00 D 0.00 Weld County CO c. If the installation of a cattle guard is required, Second Party 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, including periodically cleaning the same. d. This nonexclusive License Agreement does not grant the right to gate or fence ROW for private use,with the exception of a barricade at the eastern end of Lot 8 where upgrade of ROW ends,but is intended to provide access to private property. Signs stating that ROW is not a through road,but a private road may be placed on Coleman Ave. at beginning of ROW. 3. Maintenance of ROW by Second Party, including those items set forth in Paragraph l., above, or any other requirements stated herein 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 Party's negligence with respect to the 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 maintenance may directly or indirectly cause and hereby releases First Party, its successors, assigns,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 Nonexclusive 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 Nonexclusive 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 Nonexclusive License Agreement, or the application thereof to any person or circumstances shall,to any extent, be held invalid or unenforceable,the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions,to a person or 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 111111 11111 111111 111111 11 1111111 111111 III 11111 1111 ID F 5 Pages 2742252 01/04/2000 03:52P JA Suki Tsukamoto 3 of 8 R 0.00 0 0.00 Weld County CO Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive 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 Nonexclusive 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 Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive 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 Nonexclusive License Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this Nonexclusive 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 COMMISSIONERS OF WELD COUNTY, vP /6G .96rio • . ,r icsi .ea.> er o e :oar. ® . ,.`Y: By: U eputy Clerk Dam x. Hall , Chair �1/ N ,1 (12/20/99) SECOND PARTY: Ronald K. Martindale Diana C. Martindale 111111111111111111 111111111111 III 111111111 �fl ,f S Pages 2742252 01/04/2000 03:52P JA Suki Tsukamoto 4 of 8 R 0.00 D 0.00 Weld County CO SUBSCRIBED AND SWORN to before me this_ day of Acimact, , 1999, By )sic. 14. Etta WITNESS my hand and official seal r O AY. ' • JEAN D. %.0 ; No Publ. rk914t4bn e sires: ••. ,r ..;- My Commission Expres Ma,C'24 2002 111111111111111111111111111111111111111 I I 11111111111111 5 Pages 2742252 01/04/2000 03:52P JA Sukl Tsukamoto 5 of 8 R 0.00 D 0.00 Weld County CO .rU5-99 THU 03:35 PM WELD COUNTY PUBLIC WKS7 FAX:9703522868 PAGE 2 APPENDIX "B" ACCESS SKETCH #3 %._.; SUBDIVISION ROAD ACCESS STANDARDS •c VxdfM*L 5$6 COVES¢—. _.__ !' 4-"4E0 etas C.A.6, VA-.414cuRERP 60LNrNMT10A9 ROAD -I'AA`E:dCIPt' 00 CMOIE.Y SLOPE MN F \IlSlxvu Or O / ; __,---PLOW:IJNE ACCESS ROAD \ 2A / z �, // err �l� e p' _ rP rr✓r\1 �r✓Jr1p�`�,�p ry.pX�,�„ ga3�i . \�i� n. ,., .. i a r✓ • a ? Ler�ri<"ri`.STh��jc��d�iry/rJi ri`r 4 CROSS-SECTION %OTE: 15' CRP. MIN A—A A it' COVER MIN. —^A PRIVATE PROPERTY OR SUBDIVISION ACCESS a' OR AS REQUIRED I I 1 )'LOM I,jNE 'CU' RapiU9 GRAY^ 1 ..L OR PAYF,p SURFACE - --� \ AS REQUIRED. SHOULDER -— PAVEME.T WELD-COUNTY ROAD I- 2419818 13--1472 P-559 12/21/94 02:34P PG 36 OF 46 '1. STORK HATER DRAINAGE F'LOM IJNc'. FIAN VIEW ._ .. _ A HUM 11111 111111 11111 11 EIN III 11111 IIII IIII NOTE: ADDITIOTURNINNAL YNONING OE BE REQUIRED UNTY ROAD 2742252 01/04/2000 03:52P JA Suki Tsukamoto 6 of 8 R 0.00 D 0.00 Weld County CO 941002 08-05-99 15 : 36 RECEIVED FROM:9703522868 P. 02 Memo to Lee Morrison Dec. 15, 1999 From Diana C. Martindale Per our phone conversation of 12/14/99, enclosed are two copies of the ROW agreement which have been signed by both my husband and myself We do plan to be at the meeting Monday morning at 9:00. �1?� DEC 1 6 1999 fijLD COUNIyy A7TORNEyS ervicE 1111 11111 111111 111111 111111111111111 III 11111 1111 1111 2742252 8 3 l ukamofo R 0.00 0 0.00 Weld County CO 7 of _7,-.,-- ////,1,- /:t ,-/r'_-,`'ti-J,.--/ ?;—;z /t%7,r-e,,, '/-",z t /Y/9p'cs,/ '---- 1 ? zii„ 0.S,LS O A. .57/),' �� ,L/CO//iLtO--,I-'5E'y.� ---f._..4", �'dp voii ',6'Ooo % ,,..4<.... ..,- _'.6-,_•------. r' t,0-7_7,- , ,4? - - O,�,9a 6 .. .o.:" r zC\ •,= 0 0 0 n � <' iorsI - 1 s _ N N p 0 v N 0 0 ti V / 2 o \� 0 0 N p D ..-,67,--- ,..- O.90,,? �, ,<-2.9,-,,,-, O d'U^2 '--x '-2 �• ,,-4'od ,t 'Zt2 0, N0 o o 0 o p % e „ I ,tN,dvasrr,7,r�i /1 r-,Z VA/7 0 0 01 , N `� N 0 U 1 0 41 � � / � z � � •U � � ,I o 0 0 0 v 0 0 p p % I ,.- 90l `,,,,•;49.,.--,. • ,,-,..,.,—= J c',2 / 4..(..e,U[.' c2,,f2,--,2 JZ' h :; ' D rl (� p j S li 0 0c..,„.........„,:i.d.:7.47'6„5"' 6. H7 N / 12 °, S- �` 7 vt 0 p p k ' 0 ti r V ` /f\ '''\:1) <-e7 0 N o i p ?dot '.0902 '_-�:3'v� � r �7,5",'"--7NI z( (A) '' 0 p 0 0 0 ' \.1 t^ n mom . Q VI l' ' UI Y7y 0 =tee° Z c,Bo,,, c>6'/2,S,?' c'6'0., • ,0 1'0.? `.s,, 672 \ -EMM-gz -., ,:.,O.(2Go O .,7O,C. i! --____ =VJ c o c4'‘',..,-.7 O a=cs ." 7:%c 7/2, ;'� ,,�z v �, '= = Z C ` _O ACT..- , .<4, �I !",9v,� _ CilO —00 Occ• ,. o 4 p glz,�y6f rr�7 A1/7.,,,_7...,7 �/ ,' ✓ MOM r...=. JJJ �m -N Hello