HomeMy WebLinkAbout962216.tiff RESOLUTION
RE: APPROVE LICENSE AGREEMENT TO MAINTAIN STRUCTURES WITHIN WELD
COUNTY ROAD RIGHT-OF-WAY WITH FRANCIS R. NICHOLS AND AUTHORIZE
CHAIRMAN TO SIGN
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 maintenance of
a structure within Weld County road right-of-way, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Francis R.
Nichols, 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 between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Francis R. Nichols 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 11th day of December, A.D., 1996.
BOARD OF COUNTY COMMI SIONERS
ICe� WELD COUNTY, COLORA
/ Utz'? / it
1861 �c,v �Barbar J. Kirkmeyer, hair U
\ _; 1 = ty Clerk to the Board
���� �� / P/t) orge . Baxter Pr -
� %eputy Cle o the Board
Dale K. Hall
PRO AS TO F / �'���t7
Con tance L.�Harbert
oun Attorney (�'jj�((QQ�J11-Q' I w�
W. H. Webster
962216 EG0035
CC ' PA); en)./06/16/5
74)
LICENSE AGREEMENT TO MAINTAIN STRUCTURES
WITHIN WELD COUNTY ROAD RIGHT-OF-WAY
THIS LICENSE AGREEMENT is made and entered into this 7///) day of
Cllr h—Li , 1994, by and between the County of Weld, State of Colorado, by and through
the Board of County Commissioners for the County of Weld, hereinafter referred to as "First Party"
whose address is 915 Tenth Street, Greeley, Colorado 80631, and Francis R. Nichols, as "Second
Party," whose address is 10511 Weld County Road 41, Fort Lupton, Colorado 80621.
WITNESSETH:
WHEREAS, Second Party is owner of property which lies in the Northeast Quarter of
Section 416, Township 2 North, Range 65 West of the 6th P.M., Weld County, Colorado, which is
more particularly described as "Lot A" of Recorded Exemption No. 1946, hereinafter referred to as
"Property" and
WHEREAS,Property lies adjacent to and of Weld County Road 43, which is a 60 foot right-
of-way used by the public for travel and access to properties, and
WHEREAS, Second Party has constructed and plans to maintain a certain structure within
said 60 foot right-of-way, and
WHEREAS, First Party has agreed to grant a license for the purpose of allowing Second
Party to maintain said structure within said road right-of-way.
NOW, THEREFORE,for and in consideration of the covenants contained herein, First Party
does grant to the Second Party, his/her successors and assigns, a license to maintain the following
structure within the road right-of-way of Weld County Road 43, between Weld County Roads 20
and 22, and lying along the eastern edge of the Property:
A shed approximately ten feet(10') by fifteen feet(15')in size.
Second Party agrees to the following terms and conditions:
1. Second Party shall be solely responsible for payment for any costs associated
maintenance of the shed.
2. First Party retains the right to revoke this license at any time for any reason at a
regularly scheduled meeting of the Board of County Commissioners of Weld County. First Party
shall give Second Party written notice of its intent to revoke this license at least 90 days prior to the
date of the meeting wherein the Board considers the revocation. Such notice shall be sent to the
Second Party by certified mail to the address written above, or served upon Second Party in
Page 1 of 3
2525763 B-1582 P-328 12/19/1996 02:43P PG 1 OF 4 REC DOC 962216
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
accordance with Colorado Rules of Civil Procedure. Second Party shall have the duty of informing
First Party of Second Party's change in address from the address written above. Upon any such
revocation, Second Party must remove said structure.
3. Second Party agrees to indemnify and save harmless First Party, and its successors,
assigns, employees, and agents on account of any damage or loss sustained by them or any of them,
arising by reason of the maintenance of said shed.
4. Second Party agrees to protect First Party and save and hold it harmless from any and
all third party claims and damages that said structure and its maintenance and repair may directly
or indirectly cause; and Second Party hereby releases First Party, its successors, assigns, or
employees,and agents from any and all claims and damages of whatsoever character to said structure
arising out of the actions of any of the parties to this License Agreement or of the actions of any third
party.
5. Second Party may assign any or all of its rights under this License Agreement without
first obtaining consent to the assignment from First Party. Second Party agrees to inform First Party
of the assignment in writing mailed to First Party's address written above.
It is mutually agreed and understood that this License Agreement and all of the terms and
conditions hereof shall extend to and be binding upon the parties hereto,their successors and assigns.
e thy, and year first written above.
A TEST: $ i G�1
FIRST PARTY:
,,.---CLERK Tdirritc COUNTY OF WELD, STATE OF
A COLORADO, BY AND THROUGH THE
By: BOARD OF COUNTY COMMISSIONERS
Deputy Clerk to the oard OF THE COUNTY OF WELD
BYL �c S ys Lu L S_t/Eetzi�/L
i Barbara J. Kirkmeyer, hair (34/96)
AP D AS T F M:
ounty Attorn y
Page 2 of 3
2525763 B-1582 P-328 12/19/1996 02:43P PG 2 OF 4
962216
SECOND PARTY:
n-O rve
SUBSCRIBED AND SWORN to before me this
day of
iea97L<kc , 19 9/.
WITNESS my hand and official seal.
Zeitf,-/r
Notary Public
My commission expires: 2-2/9y
2525763 B-1582 P-328 12/19/1996 02:43P PG 3 OF 4
Page 3 of 3
962216
12/10/96 10:40 FAX Q002
' o
: $
s c
2 (I NS AB,
EGRESS FOR to THOMASON
THE BENEFIT BOOK IIS2 AEC 0
dl OF LOT AI 4/9/87
w
y:
III
i Isvv W I ,
ROAD 22 if CHURCH CO' 30.0
r 11.1TE. •
Jr C is 15 14 I
0
■
ROAD 20 N 90'00'00
-
m 216.42' +
o
-.726 21 Z2 23
aROAp l8 • LOT A
w •
..
-...t HOUSE
N vin ❑o
I
HUDSON I f '_
,D MILES SOUTH 6 1.5 MILES EAST •mcn
O 1� a N
VICINITY MAP 71 thi
ai
cn
le- I MILE . ourspoes.
N
co
Pi
N.E. COR
at
SEC. 16
N N I/4 COR FOUND 66 REBAR a$
°,° SEC. 16 WITH 2 1/2' GAP N. h
NOT LOCATED n 0 n
i WELD CO -004
. RD . 22 vi
2019i 5 1 M
]t m
n.
Pa c a FRANCES R. Nick
•
N I , .. O ID .-
Ln n •
N O 0 c4141 .�I O
`'I
z
• 21e.42
•
152 C
e LOARES* a LOT A
`,1 •
n n .5 ACRES* I
Ib S 0*00"00
1 0 a' ,
I
I 0
n :a
a
157.57' "J Mel
M wCI2640's
..�..�_.�..�...........3._ N.
Xat
01
CENTER SEC. 16SOUTHEAST
ST
NET LOCATEDS.E.E COR 41 SECTION 16
N.E.N 1/4 I SET 66 REB
DEC 10 ' 96 10: 37 • PRGE . 00�2 '
962216
Hello