The URL can be used to link to this page

Browse Search

Home My WebLink About990020.tiff RESOLUTION RE: APPROVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF PORTION OF WELD COUNTY ROAD 102 AND AUTHORIZE CHAIR TO SIGN - JOE AND DEBBIE ESSERT 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 102 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 Joe and Debbie Essert, 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 102 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 Joe and Debbie Essert 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 2ou:: oRAoD C C ATTEST: - r�tlr Dale K. Hall, Chair Weld County Clerk tot ea e4 Q,[72> , .i n y -_f EXCUSED DATE OF SIGNING (AYE) ( > Barbara J. Kirkmeyer, pro-Tem BY: � Deputy Clerk to the Bo ''�' � �i \‘',/ Georg E. axer A• •.•V D TO FORM: G cPo� M. J. Geile / C tyA. .rney .4 M Glenn V C/Q, EG, ESSERf 990020 EG0038 g6l LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS LICENSE AGREEMENT, made and entered into this_6_thclay ofJanuary , 1929 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 Joe and Debbie Essert , whose address is 40898 WCR 13. Ft. Collins, CO 80524 , as Second Party. WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at on either side of the section line between Sections 19 and 30, T9N.R67W.6p.m. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 102 for a distance of a half mile west of WCR 13 and located as follows: 60 feet of right-of-way between Sections 19 and 30, T9N 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 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 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: a. Section line accesses shall be graded and drained all-weather roads. Page 1 of 4 Pages 1111111111111111 1101111111111 IBM 111111111 DI 2666861 01/14/1999 08:428 Weld County CO 990020 1 of 6 R 0.00 D 0.00 JA Suki 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 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. 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. 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 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 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 111111111111111111 VIII 1111111111111111 III 11111 IIII IIII 2666861 01/14/1999 08:428 Weld County CO 990oa D 2 of 6 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, shall be strictly reserved to the undersigned parties and nothing in this License Agreement shall 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 4/, COMMISSIONERS OF WELD COUNTY, �1 COLORADO ATTEST: ► /�i ✓� ' f°' Clerk to the Board is i fir n 1 , te � f By: ,k.1.77. By Deputy Clerk (L; r Dale K. Hall , Chair (01/06/99) SECOND PARTY: 1111111111111111111111111111 IiIII 11IIII III 11111 IIII 1111 2666861 01/14/1999 08:42A Weld County CO 3 of 6 R 0.00 D 0.00 JA Suki Tsukamoto 99o0u o { By: Title: SUBSCRIBED AND SWORN to before me this 2C day of AJcc e k<1998 By ,*-- e WITNESS my hand and official seal Notary Public r,«•' A nr, a q,'. My commission expires: F `t My Feb 12,12, 401t x . .a i '„ ' r t, i 1 unxmirsnoemnswwKeuncrov.wro +i w k i A so.n uwn 1 11111 11111 11111 11111 11111 III 11111 III! 'III 2666861 01/14/1999 08:42A Weld County CO 4 of 6 R 0.00 D 0.00 JA Suki Tsukamoto 99Cu'?0 RECEIVED NOV 0 2 1998 WEL COUNTY October 30, 1998 PUBLIC WORKS DEPT Frank Hempen Director of Public Works Weld County P.O. Box 758 Greeley, CO 80632 Dear Mr. Hempen, My husband and I were advised by the Weld County Engineering Department to contact you. We are building along an unmaintained Weld County Road (WCR 102) and were told that we could apply for a"License to Utilize the Weld County Right of Way" for Weld County Road 102. Our intentions are to establish a passable route to our property via a section of Weld County Road 102. Our property begins at the Weld/Larimer county line and extends east approximately % mile. The legal description of our property is as follows: West part of the S1/2, S1/2, S1/2, Section 19, Township 9 North, Range 67 West. We would like to begin construction of the "road" as soon as possible. If you have any questions, you may reach me at (970)224-5398 during the day or in the evenings at (970) 224-5628. Thank you for your assistance. Sincerely, Wcakt eb r Essert 40898 Weld County Road 13 Fort Collins, CO 80524 (970) 224-5628 evenings (970) 224-5398 daytime 770 2Z2- So yo c3 Essc2T' 111111111111 Until �� 1111111111111111111Ell III! 2666861 01/14/1999 08:428 Weld County CO 5 of 6 R 0.00 D 0.00 JR Suki 7sukamoto 9900 4.'20 1 + . . - T9 t�pt y$ar _ n - ,,�f p;— I,cM— I—irk-- -- T DQQ4Q tl 1a py UCNl c IIi+ U/D= - - N�� r-z PTJ gal°; �?'�� BEVERLY Li ;AI HANK w0 t0 P2r 07 1=Y1= 11 �'<Q nz�7 k - ENSLEY m m STATE GAME, II rxT LAND Z• warn $'�e -4,C;: ''),. .. BRUCE = a FISH a PARKS • hi +rBROWN -I COMMISION II PTSHP. —�—pp n , = < � � `ai Imr s;D m al ACY zz — Z1Pos ,�ni b =olp�-8� DSn ,x, IIp F'oi` rt�w^F� ^ Z VIP N �` ,I -C-CN 4rD « II -vmci r<oa "r y4v r ,• .�711:t s D "o pallT`-? to-Cp N [2PjIl 3< , 1 Ay + 1 m yII �� a II 1--1 r �. m orth RIO-CARD R.09SL.e CO c� A 1,t `� ,r , 5 �.�D1?_a BARNES BARNES soil :s:).i . '.� Z Z S� 1 8'� MNVO IIACSC s �, f m 0 N gz1 AS —i �Aia �r"� �, { zcn �Q zQ1 z D CO nztn 4il;i br+„' y P CO DAVID a RUTH A. 1 0 Ct•.'D —.I LAND II DI^ f{ye (�`zm,k 7 VAN KEMPEN a 5� PTSHP. Itu,p� Ife f(� Jr a a SON! <I ! r.r i w M T =T fFt 7 ; � 1 �� p� ‘,4;;;,'..4f .o r1 2 1 g nz D�`II 1`tll",v�` •v mDt''s N corn N a� �DSII �i(1 Ad9'CI, L ! , N� ~ 1 N I; Am °� II J Fit i tr;P4 lit o _ _ l +I 'I / a I 'j�NsaEl:-= - -- 7 •1 _Th.11_—J_ _ _ f' trli ,; w ryDm THOMAS E.8 1 — rn �`— p :t;, e < DIANNA F. 8 LORI mgAII � e �f�y �A "r 44 �m VARRA� ScoII NARVA ° YE-C '4,414II I f;r ,T 1 i �i <nr m ' wmcn < Sen�I_ _ 4,' :t xm < ANDERSON 1 E =m I ,N ? m 2 WHEAT �vri II r'I < ,p sA �, FARMS, INC. 1 _JI e +.f y{j'�' ='n 711 ii '. —I rnmz 000 m T7 m� p o ,� , v Norio w om II _ +,.4'!-:H491- z 0a m cnmX� N II m �;; N X._ve g V ~N II _ 1 . T� II A L_ 4vc i-s3TTY JO TOE o'T . . "� 1 istEss x, T 1 1 m J.R.DIAMOND 1 2 g• 0 t:lR^ra 'y} n �1 'u'' (no 1 r1 02 FARMS z m r� 4r,tiC a m w ' ,SH �; o ve �1 co _� ; „I+ l a Q r, � E D-1 _m < RICHARD O. 1 'y°Y' 'c , ., y1 n 11 ?.E1 r- �D BARNES 1 ? rf �K�F _M N _ _ rl -si RO..asc r r • — r (BARNES ,s , : z� J.R. r AMOND tncn az� uR k 4e� .n �< Iv • FARMS -I DI r =DIAMOND I I n v , �� ' rn Z N LLMORE m r 95 m FARMS m a a ri �! v yyy l m. 1 X 3 u, r ^ m r + �,h '' 1 n = n 1 �D NA , gom 1 *mg yiv7 •• }y b r r r <I^ RUTH a) w N 1 . !n s • ;m Looms C 6D 0 3. `� iY+ T te3H ll o W m Z Z7 X N o P f f r�i N co v 4 1 -T n Al •Tlpo 1L— �I yr ,I �a my ;� � zzz �z Wn niy ��i Zo P�< NN pmt N m Op — -0— / o� Ir 25fn ;-i CO N v maw o F: m ^'a 73. o r, LSD u MN LL 1 ' N fig.,' m Lf 1.1 W �fr? — - r r r 7' .i tN 1 � -ffl �n -9i �—�, a 2� mr.x ,s £ F; II §ZN , >< IT o? w e Km II coSoox . a! , Z m CJI 1 z O I om � mmnmr z M �rnn mn� — O'c-A < �j 1 II a�w 1D, Utag x ID I > _ �� D� a o= nQ°a 'a a 6 o o ---I yPO, ix 2D 1 m 6� II WDn yv;ai v nv - -I , 0 9)O's 1 TRACY L,8i I I �1 "m m , —0N 1 �LDREDE II - 1 !a a, (q,./(14 a g W of .vw n sNior g 1 IIIIII IIIII IIIIII IIIII IIIII IIIII IIIIII III IIIII (III (III 4 2666861 01/14/1999 08:42A Weld County CO 9q()d270 16 of 6 R 0.00 D 0.00 JA Sukl Tsukamoto Hello