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Home My WebLink About992004.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - PATRICK MALONE AND JOHN HOYT 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 Public Works Department, and Patrick Malone and John Hoyt, P.O. Box 15, Kahoka Missouri 63445, 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 We'd 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 Public Works Department, and Patrick Malone and John Hoyt 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 9th day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS - UNTY, ORADO ATTEST: fØn1h4tzL4',0 Lu gale K. Hall, Chair Weld County Clerk to the ' •{. .�"J"`., �' `iOr'CIV XCUSED _ f3arbara J. Kirkmeyer, Pro-Tem BY: � o Deputy Clerk to the Boa •► �� /'e — "Georg E. ter APPROVED AS TO FORM: I� Geile my Attorney 621( 1 ('\� Glenn Vaad 992004 �i ; Egr, mCi,/piae./ EG0038 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this 6th day of July , 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 Patrick Malone &John Hoyt whose address is P.O. Box 15, Kahoka, Missouri 63445 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at either side of Section 4, T8N, R67W & Section 33, T9N, R67W in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 98 for a distance of one mile west of WCR 19 and located as follows: 60 feet of right-of-way between Section 4, T8N, R67W & Section 33, T9N, R67W in the 6th PM 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. Firs: 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 I111111 11111 IIIIll111111IIlt 11111 LIII Hill 992004 2717118 1 ea 8 R 0.00 D 0.00 JR Sukl Taukamoto 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 1111111 11111 11111 111111 Illl 111111 IIIII III IIIII IIII I'll 2717116 08/30/1999 02:59P 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 IEL through the BOARD OF COUNTY 4444/ COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: Clerk to the BoardTIFIr A By: dt Gce 'r , •%CIUNC. By: Deputy Clerk Dale K. Hall , Chair (08/09/99) Page 3 of 4 Pages 1 Hill 11111 HI EN IIII111111111111III1111111111111 2717116 08/30/1999 02:59P Weld County CO 3 of 6 R 0.00 D 0.00 JA Suki Teukemoto Road File ft 9 . SECT I0tJ L/Nit • RE: Other Case No._ APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET • Weld County Public Works Department Date: T- 2.3 -91 933 North 1 Ith Avenue, P.O. Box 758, Greeley,CO 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)352-2868 (. Applicant Name -Sari 14 kotT 4 eKT HA.Lo Phone q7o 4sti 3 - 1175 Address i92 CLEVELAND City NUNrJ State Ca_ZipEoeo4fe, 2. Address or location of access Section_ 4. Township , Range (Oj Subdivision Block Lot Weld County Road LSE Side of Road 3citi rrk- Distance from nearest intersection 3/4 to - tilt W ES r set— Li/.ac of use_ is 3. Is there an existing access to the property? Yes__. No X it of accesses 4. Proposed Use: 0( Permanent MI Residential/Agricultural ❑ Industrial O Temporary ❑ Subdivision ❑ Commercial ❑ Other k.R R..RRRRkk IL 5. Site Sketch 2 i Legend for Access Description: ARG = Argricultural Vl RES = Residential 9 Fi) sac. O&G= Oil&Gas + D.R. = Ditch Road = House O = Shed or Outbuilding 0 iC U 3 WCR cite OFFICE USE ONLY: Road ADT Date Accidents Date_ Road ADT Date Accidents Date_ Drainage Requirement Culvert Size Length • Special Conditions 4/0 /PXC1L US ;t/C Li('_E=A/SE A42EEME/Jr Fbi2 771 r-7 (APE,RADF AND MAIN} r.fAt.icF o WELD- &pi11.)-r' RtikWr--0E-WAY RRR**F***RRRRRRRRRRRRRRRRRR***RR Ri RRR...******RRRtRRRR4kk RRii RtRRRtRRiRRRRt.Rk..kRi RRRRRR kt�RRit4ttRtt4f tRR O Installation authori?ed ❑ Information Insufficient Reviewed Bv- 1 i L` --- -- m 111111111111111111111111 III! 2717116 08/30/1999 02:59P Weld County CO A .,0 S R 0.00 0 0.00 in Suki Tsukamoto w IlJ 01 dVW m SNIOf m CO I�u� wmF '164' '1 =o --11 =5 iW w.- ', I . 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Q w --�� In_,w N<<xw - a 2w 0�3mw —• <0 i- t ow $5 ant�1rfJo� IW w=z ..F.cc -z 1zx �� 1= �oa or A1M1'3�1 HJad 013aji 5,I- ir�w - LC',"Er Iola Sallo o •oy - I-S Hdl'JONcldI `--- .»» I I 3�ma 2131531031 yNa1VN0i`J aa� IIZ 2 m ;z,,,-- a �.aw ��WIA W W --F- SQ U[C o IIz& �'a¢?K Z W OWON Q Ih >Q — HZ TN¢O— i -' - dm NmuJm imr.L0 < I IL Z 0W 0 ' <L m W S 0zo 1 I I INOalsaNn a Z> • Q NI Q CLW O [D w>m I -1tlVO gin Cr LL-2 V. 2 w m .Ab 50Nil w (L • • r a a a am a - - mm �•� N 11 1 156ro0 >2m2 3NI 'SVI Vd d(n JZ m E: - 1V3HM � MZ zo I en - Aa3NNAN NOS2i3ONV > WY Z is =me^ N33d z 3 12l3H1S3 _J(I) 7Q g 3� 1 - I I-0-,203 [Cr ° bet M dI11Hd 3 vaavn � W= �� — I m o rJ= N N oto(DK SW NOSa3ONV ._mac^ Q�N cLc, Q5W d VNNVI0 r ntl0 I �� 2Q � i ZJZ 183SVW0Hl WQ 61NV0 J _J _ F 1 z . -Z � Cb� __ _ _ _—Yc wz _-1 N Z Jav I a U Q 00 K a : �U a w <- N i ce W H 1Y caz.-Q � ) N tim? 2 Zct N K) 2� YMw UO =1.- D I N '-UWV �m wa UQ U0 amo 3l �m &� max^IA _ JlCn slsnal ", I :I: N3dW3N NVn NVWddOH < IA10-BPSV Hlflii 9 OInvO U N Hind i_¢ w Sad JV MO�1 02 0_J � Z 9 d S3wvf F-H-w Q � NDV18 1S:ir Inw CU 0>CCP, w N — 1-- (Cwz O) N 0d Mzi N QJz � 2 Gi zaa m-CLa Z-J, M2(rte 0rx� - - MH00]m J 2 cr_S3NdV8 S3NtJV8 02Q Q Q .r0 ara ¢> 00-IS90d 013VHJ18 XVI° m LL _ w a oux H33aJ -o2 f ¢ J wIhw �Vo�—_— — =N Cc0 .. iw- m 1 Li IEcc ZgN I WZ _,dy §w cc ' a N co m u) 0 w 3 cn w z s � Lug II N z( u.iM Zz •�- mg nJZ Q (�I DI �1 wf N 0=¢ r- Tw w =m CV WU IN CL z� Ila �' mao >m �Q0 3113101 El amm zo Qm _� Zi= 14- 4 _ I _ 1u41121— M1a3B0tl F. 11111111111 MI" 111111 IIII 111111 11111 III 11111 IIII IIII 2717116 08/30/1999 02:59P Weld County CO 5 of 6 R 0.00 D 0.00 JA Suki Tlulkamoto FROM : EYCROFT and ASSOCIATES 303 4 PHONE NO. : 970 493 3860 Sul. 6E 198'9 OE.: _1HfI P5" SECOND PARTY: nw .. I /�Q SUBSCRIBED AND SWORN to before me this /d day of_� / _, 19`�/, By j WITNESS my hand and official seal , Notary Pule Cam/My commission expires: u ce Jai)vvvvvv �,p. . r '°/Np1ARY SEA;\I� y. kt �\-rAAyput3Vl/ _ ^ C y' C> r / 0I. T,t tc i Pape 4 of 4 Pages 1 111111 11111 111111 111111 1111 111111 11111 III III IIII Illi 2717116 08/30/1999 02:59P Wald County CO 6 of 6 R 0.00 D 0.00 JA Sul(' Taukamoto BYCROFT & ASSOCIATES Real Real Estate Since 1960 Estate P.O. Box 1248 • Ft. Collins, CO 80522 Since (970) 493-7775 • Fax (970) 493-3860 1960 800-260-1597 Independent Companies Working Together July 15 , 1999 Public Works Dept 933 North 11th AVe Greeley , Colo 80632 Re : Non Exclusive Agreement to upgrade WCR 98 TO WHOM IT MAY CONCERN : Attached find request to upgrade County Road 98 between WCR 17 & WCR 19 by Patrick Malone and John Hoyt who are owners of NE 1/4 Sec 4-T9N-R67W. If you have any questions please call Ronald E . Bycroft , 800 260 1597 as I represent them as my clients . North Weld Gravel, RLLP , Lee Bellmore Owner has been contracted to build this road . inc rely, BYCR F .S ATES -, \\,.., Ro ld E. Bcroft Br ker in P.O. Box 1248 • Ft. Collins, CO 80522 lit EOM H0USHG Business (970) 493-7775 • Residence (970) 493-1296 • Cellular 222-1053 REALTOR. >4471939 15: :35 S7€-F_97.' 2c BELU1iRE FARMSr North Weld Caravel, RLLP Telephone(870)98'7.2202 13480W.C. Rd 1W Nunn,Co 90648.9700 June 14, 1999 �on Bycroft 1415 N. College, Suite 2A Fort Collins. Co 80524 Dear Sirs: As we have discussed, we are bidding on a new road off of Roads 19 and 98. This is for a length of 5,280 feet plus or minus The following will be performed: • The road will be cut to at least 24 feet wide with 2 inches of Pit Run gravel, or 42 semi loads, with a 2-inch crown in the center. • The road will not have any mechanical compaction or water applied. • It will he built for private use only. • We are responsible for one 30' x 18" culvert and rock to be installed. • Surveying for pin locutions is to he furnished by owners. • The bid price for the project is $10,486. cae The road shall be inspected by the landowners through out the construction for everyone's satisfaction, Our work will commence during the week of July 19 and continue until completed. Date 6 -/`>-` ,7 Afgror.J1 North Weld Ca el, RL Ron Bycro C • 100/690 Co. Rd. 98 see County Clerk and Recorder Book 83 page 109 7/2/1918 Petitinn to open road: Com- mencing NE corner Sec 2 T 8 R 67; West 5 miles. Granted: declared public high- way. 1/17/1951 Request to close road North line Sec 6 T 8 R 67: denied. • it IIII • II H O ,. .1 ' I, 1 111 N : ' • second � —� •� 11 ,rf• t • .. y Cr II I I `,V1tl t: COUNTY ROAD 98 Recorded in Book 83 Page 10 9 — "° °°° ROAD PETITION. I 1 To the Honorable Board of County Commissioners of Weld County,Colorado: t OBNTLEMHN: We,the undersigned, Citizens of yaw. County,respectfully represent that the n assettl is of the public,require a county wagon (M De to be laid out as follows,to-wit: Cam»snoinl at m .y / /-- '--" M �j 1 e ✓'L � aGt4t CIzetaal h"-. 26....cI/� 'u//e (.l� �p � �(✓) .2ic FI, z y� 1. • ..teneee� (47) /s.ce .x".4O..��u0 --flat h✓.its- tiu-e. i./ .Jd(irts e..«.i is-.e... G//, n p [eu...� 'xc.w .....-et tl, !ZaLtJe . dn.-scl rl 1/ J4 �:OK� .« (G) T,.,-..-x�.d.,e r',"--� 4' ( 62' ,,,2 s, -e ,.....,-.2.4.,-- 2 s // �] !f� ti �m...�.� --Gaoa•<i A:� �.a.e 7E- . 6[2,«e. a-Wit.-+it. � . t �7. nil ,..G�,...a e ar.gi rs-..< .Tf as,,...</ r su-..-7%t.d 1 . Said road to be not less than sixty f00)feet in width. We therefore petition your honorable body to cause to be laid out and opened a County road,as above described,and tie, rid- ,moors of the land through which.raid road is sought to be laid out,in consideration of the sum of one dollar to us each and.eevrra/I' n, hand paid by the said County of Weld, the receipt of which is hereby acknowledged, and of the laying out anti opening of snit, bed. herehyii agree o jive the right of wily through our lands,as shown by the plat accompanying thee petition,and relinquish all claim irr dam- age by reason thereof. The said proposed line of road is more fully shown by the following map or plat, to which referenre 1. hr•ein t mode,the tame being in JSf Township 7 9 North Range �7 West .4 Fa 7c, 86 • 31 38 33 84 35 36 :11 PI 1 6 5 4 I 8 9 1 r . 19 7 8 9 W 11 12 7 13 11. 17 18 le 14 lit 1'8 ICI I 1 • 24 19 211 21 '22 23 24 It, I I :.. .. ' - 25 811 29 28 27 26 - 21r. - 30 ' I '%t ♦ , 1.,. ' ,y ..:F 11 - , • YB 8'1 82 . i.. 88 84 35 •• 85 mewl lit- nD ;44/.0w3 a w2 vovlev6 1tcore:5 i v Hello