The URL can be used to link to this page

Browse Search

Home My WebLink About990340.tiff RESOLUTION RE: APPROVE NON-EXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - MATTHEW MICHELS 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 Non-Exclusive 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 Matthew Michels, 1117 City Park Avenue, Apt. J5, Fort Collins, Colorado 80521, 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 Non Exclusive 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 Matthew Michels 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 24th day of February, A.D., 1999. BOARD OF COUNTY COMMISSIONERS j4,i W D COUNTY, COLORADO ATTEST: � �� ale K. Hall, Chair Weld County Clerk to the ba ` DDS _ � ` 1( _XCUSED DATE OF SIGNING (AYE) (n. t,S, � Barbara J. Kirkmeye , Pro-Tem BY: c Deputy Clerk to the Board t /Zits' ` LC- George E. Baxter RO D AS TO FORM: EXCUSED DATE OF SIGNING (AYE) M. J. .Geile County Attorney ,.I±✓.{a4 (i gi vic;" Glenn Vaad 990340 EG0038 LW, c74, cui.> NONEXCLUSIVE L-C 3NSE AGREEMENT FOR 'HE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY 155 THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this; nay of JawuMH I 1 , 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 Matthew Michels whose address is 1117 City Park Ave.. •pt. J5. Fort Collins.CO 80521 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at either side of the section line between Section 7. 8 and 17. T9N.R67W in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 106 and a portion of WCR 15 for a distance of one mile west of WCR 17 and located as follows: 60 feet of right-of-way between Sections 8 and 17 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 access. 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 nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason. 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 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. The upgrade and maintenance of ROW by Second Party shall be done in such manner as prescribed by First Party,which manner shall include,but not be limited to, the following: Page 1 of 4 Pages 111111111111 III 111111111111111 INCH IIIII IIII lilt 2679755 03/12/1999 04:39P Weld County CO 1 of 6 R 0.00 D 0.00 JR Suki Tsukamoto a. ROW shall be constructed and maintained as a graded and drained all-weather road. 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 installation,including periodically cleaning the same. 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 came. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide 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 Party'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, 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. Page 2 of 4 Pages 111111 11111 1111 11111 11 MEE 111111 111 11111 Unlit 2679755 03/12/1999 04:39P Weld County CO 2 of 6 R 0.00 D 0.00 JR Sukl Tsukamoto 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 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 �J COMMISSIONERS OF WELD COUNTY, ' '� �C) I,4/1l / COLORADO C to the Boa _ By: i:eKHa1 , Chair ,I N 02/24/99 Page 3 of 4 Pages 11111111111111111 IIN II 111111111 III 11111 IIII IIII 2679755 03/12/1999 04:39P Wield County CO 3 of 6 R 0.00 D 0.00 JR Suitt Tsukamoto C SECOND PARTY: fl/t1fHEWD� micNE5 1w? C,./ LARK, Av€ #.5 Few CLLvvs, c.o6 By: "/lam �11 Title: SUBSCRIBED AND SWORN to before me this" \ day of o, + , 19`1 h By JcFf gE41t WITNESS my hand and official seal Notary Pub 'c far fr,Ft!Cs! ��i My commission expires: ' uk ` , •;F'; 14_ o ', =*/ SO �. �...n •••flow %cj: °uBLIC :'o ffimilmMO MY commission Expires 1 MEI 11111111111 EMI 11 1111111 111111 2679755 03/12/1999 04:39P Weld County CO 4 of 6 R 0.00 D 0.00 JA Sukl Tsukamoto Page 4 of 4 Pages Road File# 15 (Sac L/i1/4)c ) RE: a410 Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: I — a N`g 4 933 North 11th Avenue,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext.3750 Fax: (970)352-2868 47°- or,-. -5-358- 1. Applicant Name MAIDIEv/ PI.cwcy S Phone '110 lilt' Irt1 Address tlt_ Cm PARK Ovc tin J5 City Fear GLuSs State�o Zip tro5A1 2. Address or location of access 5 y2 of 5'4 04 5 Ya Section - Township A A! Range 61.14 Subdivision 11/4 Block Ask Lot Nff Weld County Road # I5 Side of Road,,// WEST' Distance from nearest intersection 12o or 3. Is there an existing access to the property? Yes K No #of accesses I-2 4. Proposed Use: ❑ Permanent l8< Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: a AG= Agricultural .. s • RES = Residential O&G= Oil&Gas D.R. = Ditch Road t t It 15 F)41 AA Ttctss R04p To Two i L4 Ls A , o omelEiy for 4,70 pr Lo#4 EA, 7 WCR 104 OFFICE USE ONLY: Road /S ADTlie Date Accidents Date Road /O Co ADT 0 Date Accidents Date if Drainage Requirement Culvert Size Length Special Conditions a 0 r L/e&dl3E ,4GpEY E/.� ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 111111111111111111IIN II 1111111111111 MBE Illi liii 2679755 03/12/1999 04:39P Wald County CO 5 of 6 R 0.00 D 0.00 JA Suit! Tsukamoto _.1... O JOINS _ MAP 10 0 N " ; ,r.— ')+' in w 1W II g° ADV81. ,�o I-LL 1— al , azQM II (\I@ + Q♦_ C � ua 1ligb�— II z N may m I CC g g i'.> Fa '_Ir a War x Z> ti tn ¢w 1 ti ; � •, rn u, 0 — :i 1 Jam cc — H WZ ; y 1 s, ;. N ¢J-+.� 1a�o_a.3,�$ II wpm P . ay� 1 1� Uz a,: � s. ,. tJJr . 1 sill II S LIIJI 3 1 Om a. 3 M y, , 1 8 IIIIM°II .tii c0 IS WxC 4.T.t, m 1 ♦ ° iiGf 06 h W a 01O rcm m WR m ^P N �1 ...4I Z o —J OS N Zit Nwaa ° aiz 5 _ eSiw. 0 -Jill Z r QQtY Ci Z w 1 X 11 M) 4 C61W°J 7 ua w d ma If ;II! 3' 0) O ' ;ri �--I L 3 alf3, ? \ ° 'I fpn ��}r u i — W W ZIONl Vr Z\ •�. 4d��.0�Crm T a .v °sue' co m 1 N 1m ��ie� c • . CO y 1 now3 �� w fT2g 1 s1Y- alaSWEIV3Q 1N' 1 N 2 1 Q H g WW OV — 3MOWl -1 _ GNOMIC] YiI ....,-ILL-Li 1 SIN8V b� 1 d' c' aNOWV10 ^ 1 . ::' t'154. ( 1 ONOINV I .8 r I1-1 f m?1 K ;='. ` s3Nave ° N f 15808 a 1 Jcs, d 1, y!. i., 53NiIV8 Q 1 I�lW 0 08VH0lld }w 1—> 14! I 1, a ' w OM CO" I m 0) IA z mnvm� �HSIQ m m . ° •.- m p` SIN8V3 acv I9Z ILL f� �mo1mw { '. pia. 1 ONOWVIO Li f )—no 1 1 5 c SS3-IA4.i - t -,O� Milli ° t N rl J ( 1 I I O Nzu„ Y n 1= II N ga Wp v .rrwm 1 W _z II W2 th N OOOpN 1 II- ro (roc Q�1i'I 1 m u J 9w ff� _DILL. cc u- _ c, -�I� N II-- - - - 0M 'SWav3 = =d2 7 M f-- v II V) 1113HM it —��>- __ `t }cq=� NOS2i3ONV JN Y , _(0_ r IlCOCObiAdVN = V1HVA 1 xW .N ,. IbOI II ii w .d VNNVIO I- 1 I Z Q / Ilwa uN .m *0:N. m to ? N z ti 1 RW RI- N 'vi CV m gz t.4 I�otL LLz $� Nos9 I - - * - - ■n = iS !Li I 'J N3dW3N NVA —O — � SHSld W c v ce H Wei 9°IMVO fi3 —v WC ONV1 f- dG yZ IIIII m Q ID W !Ow Cp)�{}J N —.T+O 5� •w'r1'i; E? ¢�L+ N �s N ¢J2 2 X719 .,r IJ O BANk F- _ �UO ac 7a6 I • S3NaV9 S3NaV9 2 is90a aavois 2In� n '� o�—iiii I ; o� I ilk 44 � w n -ai1 eri wJti!tri 'w" m ax e S *1°Z .• igfon s_: � (n n: ist %i NOISIWWO3 r NMora `" f"�'"• r el HS ld cantle i k a 4i u I SN2lVd B HSIj m W �p m #,$f i ui . ONV1oy� 3WVS 31V1S o .m AT18Na ��.amm ..!>Q N xfCO JZ I ('l ¢^+m Altl3AiB pia )IYewe Q�xZ x - Od M8S a m i20 x¢O �' d �n.W Q3 riW �N r or". Z o -�111mIkie_ '4 a W7 tb 3 m ICI _P .., N 61 �Nm $'it+t Aft ;' : . MEMORANDIS COLORADO TO: Clerk to the Board DATE: February 19, 199 FROM: Frank B. Hempen, Jr. Director of Public Works/County Enginee�rt SUBJECT: Agenda Item Please place the following item on the Board's next agenda: Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way. The appropriate documentation is attached. cc: Don Carroll, Engineering Administrator WCRs 16,17, 106 m:wpfiles\engineer\agenda 1 eitt-,„\ MEMORANDUM ikTO: Julie Chester, Planner DATE: January 22, 1999 FROM: Donald Carroll, Engineering Administrator Ali COLORADO SUBJECT: RE-2410; Matthew Michels The Weld County Public Works Department has reviewed this proposal; the following requirements are recommended to be a part of any approval: REQUIREMENTS: The right-of-way or easement shall be a graded and drained road to provide all weather access. 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. Both Lot A and Lob B shall share a joint access point. Pursuant to Ordinance 169A, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxiuos weeds. The applicnat shall complete a Nonexclusive License Agreement for the upgrade and maintenance of Weld County right-of-way. cc: RE-2410 plant Hello