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Home My WebLink About990021.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE AGREEMENT FOR UPGRADE AND MAINTENANCE OF PORTION OF WELD COUNTY ROAD 17 AND AUTHORIZE CHAIR TO SIGN - DUANE ARANCI 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 Road 17 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 Duane Aranci, 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 Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Road 17 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 Duane Aranci 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 LD COUNTY, COL RADO ATTEST: Is ,iii ;, ,Dale K. Hall, Chair cr Weld County Clerk to the < `r ;`' 1 >� EXCUSED DATE OF SIGNING (AYE) a Barba a J. Kirkmeyer, Pro-Tem Deputy Clerk to the Bo (1�V ' • t<s -�/ C -- Geor E. xter PR ED S TO FORM: AL . J. eile o my torney /z�4 6 Glenn Vas, _ '. e , t 6-, :D. Arcn o i 990021 af EG0038 ll MEMORANDUM ' CTO: Frank B. Hempen, Jr. DATE: December 29, 1998 Director of Public Works/County Engineer OFROM: Donald Carroll, Engineering Administrator yw COLORADO SUBJECT: Nonexclusive License Agreement for the Upgrading and Maintenance of Weld County Rights-of-Way Attached are non-exclusive licenses currently approved by the Board of Weld County Commissioners in a work session to utilize Weld County rights-of-way to access landlocked parcels. These documents have been signed and notarized and include Lillian Veenendaal, Duane Aranci, Marlene Aranci, and Joe and Debbie Essert. The Aranci parcels have two different locations and owners. The Essert parcel accesses back into Larimer County. All agreements are accompanied by a map to identify location and direction the applicant is utilizing. These items will be scheduled for a 9:00 a.m. Board of Commissioner's agreement hearing. cc: Francie Collins, Office Tech Dave Becker, Operations Director 2(02 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into thiscthday of Tan nary , 1 999 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 Duane Aranci whose address is 41228 WCR 15, Ft. Collins, CO 80524 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at either side of the section line between Sections 28 and 29, T8N, R67W, 6PM in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 17 for a distance of one mile south of WCR 90 and located as follows: 60 feet of right-of-way between Sections 28 and 29, T8N R67W 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 AIM 11111111111111111111111111111111 III 111111111 IIII 2666862 01/14/1999 08:43R Weld County CO 990021 1 of 7 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 same. 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 111111111111111111 IIIII 1111111111111111 III 11111 IIII Jill 2666862 01/14/1999 08:438 Weld County CO 2 of 7 R 0.00 D 0.00 JR Suki Taukamoto �CG ? 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 COMMISSIONERS OF WELD COUNTY, 4SU /3k, COLORADO ATTEST: Clerk to the oar ti,ASS - j By: V),Y ' By. Deputy Clerk v �� 4 ° P Y v ( �� Dale K. Hall , Chair (Illl�l�� (01/06/99) Page 3 of 4 Pages 111111111111111111111111111111111111111 III 111111111 IIII 2666862 01/14/1999 08:438 Weld County CO 3 of 7 R 0.00 D 0.00 JR Suki Tsukamoto q3/4)0..� / SECOND PARTY: Title: �S�U�BSCRIBED AND SWORN to before me this,V1-21- day of �/�4..yy( ,19�, By GtiA,U17t CL (Win 1,0(1 WITNESS my hand and official seal sd Notary Public NOTARY My commission expires: PUBLIC F di?471000 Page 4 of 4 Pages 1111111111111111111111111111 11111 III 1111111111111 2666862 01/14/1999 08:438 Weld County CO 4 of 7 R 0.00 D 0.00 JR Suki Tsukamoto (Hee).2 PUBLIC WORKS DEPARTMENT I PHONE (970) 356-4000, EXT. 3750 WI P FAX: (970) 352-2868 933 NORTH 11TH AVENUE O P.O. BOX 758 • GREELEY, COLORADO 80632 COLORADO November 19, 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, contact Bruce Barker, County Attorney. Weld County Public Works Department 1111111 1111 111111 11111 IlIII Ell 111111 III 11111 IIII IIII 2666862 01/14/1999 08:43A Weld County CO 5 of 7 R 0.00 D 0.00 JA Suki Tsukamoto • o • • MAP8 R67W . . JOINS MAP 7 R W. • • $ LAND II Ma a MARY PTSHP weso L. FRANKLIN E Ni«a ll aJuin -' ' OwATIIE N43 ZZ� M0U.Rj1TAIN tl 6 i , wAIM HOBART JR �:ci ESNKAv WW2 Iv, J II.J0w �� 1/F.6 N 1aaAn F34' ENERGY I1z>'b' 6a 1 W y� II IDA I. era �2 • COMPANY oo: �eo TURNER tool I s>" W. 9 N DAw 4 - .Wm RUTH ROBERT VIOLETTE JUDITH GREELEY W - ROBERT FL IKAME$ T. 9 Ie�(:LOOS TURNER HOBART NAT.BANK a BUCHANAN KATHLEEN K. KNLE Id 9�ge: etoI trustee OD T Si 7 y F 8mz 8_L_ 9 Ip 11 -12 TURNER e,'RNEs > JAMES S. a x FREDERICK E. 7--I MAUER A CC ROSE L. W t I SEYMOUR VIRGINIA • L Y a , BRINKS a ,I,MIS VCOORA b__^_- n _ eto( LESn LE. DAEw 6 LANA ROBERT W a ANHEUSER- cREcoR�T BROWN I ENNE - • 9*.e$NE VIOLETTE F. STATE BUSCH,INC. w 0.4 GRAIN& f La II .ais i TURNER KRUSH I - IN LIVESTOCK E.R 17 16 !14 NN 4- MUST15 DAw0L61 13 GeR r IB ' .6. ZB!$dl. SNARDNL 1 DANL NEB LAMRENCE N 11C BE16GG i ANDERS.) 8 0 N 4 BETHEL a . OD 1JAKES GONNA F ETHE:. E THAYER O.N B J.� ucu RUGG WILSON , FAMI LY u. .vN 19 , 2O ; 21 , 22 PTSHP eta!233 tt w ' u t , ANHEUSER- : 24 ( E t BUSCH, INC. l eg et BUSCH, tckit� g a4VE A E. 98 1 OA To1 A EAT I • as VE: ' B Btt �� ELAN ebl y -1 MY 2 30 29'v'ER � N a(1W B ' I ' ` li ELAN a 1 WI ANHEUSER- Z It �j 1 IEPLERsowDARET ROBERT LEE 1 BUSCH,INC. J�dtES ±2w '� n t `6' - I� - . MJSHER CACJ! DAD �"• 1 ANHEUSER- MARL c tA' RONALpBUSCH INC. ARANCI US aLOISW. 3WvARRA lON ATE32 � � D!RNA , 5 36 1 OENNMYRNA I F SEA �FAC FAD ROS1,I TWM BLACK PSONFA E RESERVOIR eo c 13 15 17 19 21 n JOINS 25 MAP 9 27 1111111 Ili 111111IIIII11111IIIII111111III Ili 11111111 2666862 01/14/1999 08:438 Weld County CO 6 of 7 R 0.00 D 0.00 JR Suki Tsukamoto C/19190 / • MEMORANDUM ' TO: Lee Morrison DATE: October 21, 1998 Assistant County Attorney 0 FROM: Donald Carroll, Engineering Administrator • SUBJECT: License of Upgrading and Maintaining of Weld County COLORADO Right-of-Way The applicant and property owner liteninartf 41228 WCR 15, Fort Collins, Colorado, 80524. This is a follow up to our conversation regarding utilization of the right-of-way to access the Aranci property located In Section 28 6 76. I spoke with Mr.Aranci and he Indicated that he received a letter from Weld County in 1982 that verified there is 60 feet of right-of-way that could be used to access his landlocked parcel. We are requesting that a license for right-of-way be completed to utilize this access. Terms of the license should include two low water culvert crossings through historic drainage patterns but not to elevate the road to a height that would create a dam. This access will be a graded and drained all-weather road and will be non-county maintained. Anheuser Busch owns the adjacent property on both sides of the section line. I met with representatives on October 19. They have two portions of the section line fenced to accommodate cattle grazing. These two sections of pasture could be accessed by placing cattle guards at both locationg which would be the responsibility of and maintained by Anheuser-Busch Farms. The • cattle guards should be placed within the right-of-way and meet Weld County standards. The Weld County Public Works Department is requesting that the legal staff prepare a right-of-way license that includes the above items. Contact people at Anheuser Busch are Susan Morehouse in the Main Office, (970)490-4635, and Duane Seilmer, Farm Manager, (970) 221-2135, ext 11. cc: Frank B. Hempen, Jr. 11111111111111111111111111111111 111111II11111111111111 2666862 01/14/1999 08:438 Weld County CO 7 of 7 R 0.00 D 0.00 JA Suki Tsukamoto g9n0 / Hello