HomeMy WebLinkAbout20160215.tiff RESOLUTION
RE: ACKNOWLEDGEMENT OF TERMINATION OF NON-EXCLUSIVE LICENSE
AGREEMENT FOR UPGRADE AND MAINTENANCE OF COUNTY ROAD 4, AND
AUTHORIZE CHAIR TO SIGN - MICHAEL COAN
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, on February 8, 2006, the Board of County Commissioners approved for
Michael Coan, a Non-Exclusive License Agreement for the Upgrade and Maintenance of County
Road 4, for a distance of one (1) mile west of County Rosd 63, being 60 feet of right-of-way
between Sections 30 and 31, Township 1 North, Range 63 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, by letter dated October 9, 2015, a copy of which is attached hereto, Robert
T. Hoban, Esq., on behalf of Mr. Coan, desires to terminate said License Agreement, and has
requested acknowledgement that Weld County deems said License Agreement to be terminated.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board hereby acknowledges that the Non-Exclusive License
Agreement for the Upgrade and Maintenance of Weld County Road ("WCR") 4, for a distance of
one (1) mile west of County Road 63, being 60 feet of right-of-way between Sections 30 and 31,
Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado, by Michael Coan, is
terminated.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: alc ado,. 66 1104
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Mike Freeman, Chair
Weld County Clerk to the Board
^ n n 1 Sean P. Conway, Pro- m
BY: CLx�.lrV ' I01."',44.
D uty Clerk to th- BoaritS,ti
:'v rbara Ki fimeyer
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"s�IL r ri, - A. Cozad
County Attorney V` ."1" �Steve Moreno
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Date of signature: (79-
2016-0215
CC : ett:Pt*c) 44/ EG0073
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November 6, 2015
/ NOV/ io4i
Weld County
Office of the County Attorney
Attn: Mr. Bruce Barker, Esq.
1150 "O" Street
Greeley, Colorado 80631
Dear Mr. Barker,
Attached is a copy of correspondence that was emailed to you regarding my
desire to terminate a Nonexclusive License Agreement for the Upgrade and
Maintenance of Weld County Right of Way.
My attorney has not received a reply regarding this request. Possibly the email
did not reach you.
Given that the Agreement was signed by both myself and the Board of County
Commissioners, I will feel more confident if both parties, rather than just myself,
now agreed to terminate the Agreement.
Please let me know your thoughts as to how to proceed.
If you like I would be glad to meet with the Commissioner and explain my
position.
Sincerely,
Michael Coan
28242 County Road 10
Keenesburg, Co. 80643
303-732-4391
2016-0215
11:11
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FEOLA,U.C 3G3,)14 :OMP
♦'iCRVfrt At 4.*
October 9,2015
Weld County
Office of the County Attorney
Attn:Mr.Bruce Barker,Esq.
1150"O"Street
Greeley,Colorado 80631
RE:Termination of Non-Exclusive License Agreement
Mr.Barker:
This letter is on behalf of my client,Michael Coan,who owns parcels of property between WCR
61 and WCR 63,along the south side of WCR 4,also known as the North West Quarter of Section 31 and
the North East Quarter of Section 31. In January 2006, Mr. Coan executed a Nonexclusive License
Agreement for the Upgrade and Maintenance of Weld County Right-of-Way(the"Agreement";enclosed)
with Weld County(the"County"), which the County required in order to process a recorded exemption
upon Mr.Coan's property.
The Agreement contemplates certain conditions by which Mr. Coan, and other neighboring
property owners subject to substantially similar or identical agreements, could elect to construct and
maintain an all-weather road upon Weld County Road("WCR")4,which exists within the County's right-
of-way.
It is my understanding the County,by way of a change in policy,no longer intends to execute or
uphold license agreements such as the Agreement. This Letter, and the Notice of Termination which is
enclosed, serves to notify the County and the County's Board of County Commissioners of Mr. Coan's
termination of the Agreement,effective immediately. As such, both parties are hereby mutually released
from any and all conditions and obligations thereunder.
Given the Agreement is recorded in public records,the enclosed Notice of Termination shall also
be recorded,unless you advise any other procedural requirements should be undertaken to effectuate this
termination. Otherwise, enclosed is also a form in which you, as the County's representative, may
acknowledge such termination of the Agreement, unless you advise the County would like acknowledge
such termination of the Agreement in an alternative fashion or by mutual agreement,which I can draft upon
request.
If you have any questions,please do not hesitate to contact either myself,or my colleague,Garrett
Graff,in my office.Thank you for your attention to this matter.
Very truly yours,
Robert T Hoban/s/
Robert T.Hoban
HOBAN @ FEOLA, LLC
73017TH STREET,SUITE 405,DENVER,CO 80202
303.674.7000(ph)303.382.4685(fax)
www.hobanandfeola.com
' ' t
NOTICE OF TERMINATION
OF
NONEXCLUSIVE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WELD COUNTY RIGHT-OF-WAY
1. Weld County,Colorado(as"First Party")and Michael J.Coan(as"Second Party")entered
into a certain Nonexclusive Agreement for the Upgrade and Maintenance of Weld County
Right-of-Way(the"Agreement") on January 27, 2006,attached hereto as Exhibit"A."
2. The Agreement is recorded in the County's public records,on March 3,2006,as Document
Number 3367562
3. The Legal Description of the Right-of-Way,per the Agreement, is: 60 feet of right-of-way
between Sections 30 and 31,Township 1 North,Range 63 West.
4. Effective immediately, the Agreement is hereby terminated and of no further force and
effect.
5. As the result of the termination of the Agreement, the parties and each of their respective
successors and assigns are hereby released from and against any and all costs, damages,
actions, proceedings, demands or claims whatsoever that either of them now has or may
hereafter have against the other party hereto, by reason or in connection with the
Agreement.
6. This Notice of Termination shall subsequently be recorded in the County's public records,
such that all shall be on notice of the termination of the Agreement hereunder
contemplated.
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Carly Koppes, Clerk and Recorder, Weld County, CO pLl
■III!Me AMA 11111
ACKNOWLEDGEMENT AND AGREEMENT RELATED TO
NOTICE OF TERMINATION
OF
NONEXCLUSIVE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF
WELD COUNTY RIGHT-OF-WAY
I, Mike Freeman , a duly authorized representative of Weld County,
Colorado (the"County"),hereby acknowledge and agree,on behalf of the County, to terminate a
certain Nonexclusive Agreement for the Upgrade and Maintenance of Weld County Right-of-Way,
executed January 27, 2006 by and between Weld County, Colorado and Michael J. Coan (the
"Agreement"). i further acknowledge and agree to the Notice of Termination of Nonexclusive
Agreement for the Upgrade and Maintenance of Weld County Right-of-Way (the "Termination)
attached hereto.
IN WITNESS WHEREOF, the party hereto has executed this acknowledgment intending to be
legally bound as of the date set forth below.
WELD COUNTY,COLORADO
Date: JAN 1 8 2016
By: Mike Freeman, Chair
Its Authorized Agent
Address:
1150 0 Street
Greeley, CO 80631
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01/2Carly Koppe Cer PM R Fee:$0.00
rdr, Weld
Carly Koppes. Clerk and Recorder, Wel County, CO Q�(f
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