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Home My WebLink About20151843.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF COUNTY ROAD 104 AND AUTHORIZE CHAIR TO SIGN -SCOTT AND COLLEEN WEST 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 County Road 104 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 Department of Public Works, and Scott and Colleen West, P.O. Box 552 South Prairie, WA 98385, 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 County Road 139 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 Department of Public Works, and Scott and Colleen West, 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 24th day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO ADO ATTEST: � � ,/`� Kir � �^" �� Barbara kmeyer, hair Weld County Clerk to the Board /� Mike Freeman, Pro-Tern BY: Cis) g.}v r ty Clerk to the oard / Sean P. Conway C_3 APPI590IED AS M.t K +'�• C4-(4 1161 I =0`c• — +lie A. Cozad VI/ 0 I( / Steve Moreno Date of signature: CC,- CA. PL -7/N 2015-1843 EG0072 MEMORANDUM TO: Clerk to the Board DATE: 6/18/2015 i86r Itr FROM: Richard Hastings, Public Works Department '� tlirhr �� j % SUBJECT: BOCC Agenda Item: Non-Exclusive License -C=- -� Agreement: Scott and Colleen West (CR 15 Section Line at CR 104 - Residence Road) Request for approval of Non-Exclusive License Agreement: Non-Exclusive License Agreement for the Upgrade and/or Maintenance of Weld County Right-of- Way with Scott and Colleen West to utilize Weld County Road 104 access on WCR 15 Section Line for a distance of approximately .64 miles to access their residence. Recommendation: Weld County Public Works Department has observed that an existing access road is already in operation and is being maintained. All required documentation has been provided by the applicant. The Department of Public Works recommends approval of this Non-Exclusive License Agreement. pc: Elizabeth Relford,Weld County Public Works Bob Choate,Assistant County Attorney Michelle Martin,Weld County Planning Services 2015-1843 M:\AGREEMENTS\Non-exclusive\2015\47 West\2015 Non-Exclusive License Agreement 47-West(CR's 104& 15 SL)-MEMO.docx NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT,made and entered into this 13 day of , 20_6,by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 1150 O Street,Greeley, Colorado 80631, as First Party, and � � Q r' r,1 L ,as Second Party whose address is �. C, l L ��1 lk �} 1 '"� li(� �l ,l CIS 7�a WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the 1\16 r-'h ezvs1- roc-`�yp J of Section 1S ,Township )S North,Range 7 West of the 6`h P.M. in Weld Count37, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR J5 for a distance of (1\► b f 4 C f WCR Og and located as f lows: 30 t 1G O t S►C O etween Sections and it-1,Township North,Rang 7 West,in Weld County,Colorado,which is he mafter referred to as "ROW," and c Ic_ N \INS 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, but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property,to the extent that such continued use is consistent with the right of the public to use the ROW. 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 reasonably prescribed by First Party, which manner shall include, but not be limited to,the following: 1 c2D /k1j 4119136 Pages: 1 of 5 06/25/2015 03:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO NIP KIM,ciliAlidd140T41aIt! III III a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements for emergency equipment(fire department)are a minimum of 20 feet. b. If the installation ofa 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 ofa 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. e. Prior to commending work within the ROW, Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph I 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. Second Party shall be responsible for snow removal from ROW. if required to gain access, as part of the maintenance responsibilities referred to herein. 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 to the extent caused by 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 to the extent attributable to the negligence of Second Party. Second Party 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. Other than assignments in connection with the mortgage or sale of all or substantially all of the Second Party's assets or equity interests in Second Party, for which no consent shall be required. 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. 2 4119136 Pages: 2 of 5 06/25/2015 03:48 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ' I' VIII kilol rINL1I � 14 .k iu�L�I�I �I II 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. 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. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response.The blue and white signs identify a non-maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place,the fee may be waived. 12. There shall be a$100.00 fee for the Nonexclusive License Agreement. 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. 3 4119136 Pages: 3 of 5 06/25/2015 03:48 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, Co VIII PANC!I0:I0,'10: III 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,COLORADO ATTEST: ditAtki Jdid);&k Clerk t. th Board By: �r�.� �� L•� Deputy lerk ,� t� R ate` arbara Kirkmeyer ,Chair JUN 4 2015 1GeLL 361 t O i1/42 SECOND PARTY: NAME , �� NAME cBy__ By: SUBSCRIBED/ AND// WORN to bef rep s 131" day of /�,1 ( _, 20 1J , B31,---5<2T/ �,, > 1, �1 '/ t, ,1 WITNESS my hand and official seal YUVw Notary Public — — — i CHAD S WUTHRICH My commission expires: ( ( Notary PUbIIC 3/ l of State of Colorado Notary ID 20024004928 My Commission Expires Mar 10, 2018 M:\AGREEMENTS\Non-exclusive\AGREEMENT FORM.doc 4 • 4119136 Pages: 4 of 5 06/25/2015 03:48 PM R Fee:$0.00$0.00 _'f/S/5-- /�'�3- Carly Koppes, Clerk and Recorder, Weld County, CO C�� VIII RE: NONEXCLUSIVE LICENSE AGREEMENT FOR CR 15 -SCOTT AND COLLEEN WEST ATTEST: - ;c1 BOARD OF COUNTY COMMISSIONERS Weld C►. ty er o he DO rd ,,,�, WELD COUNTY, CO ORADO i Deputy Cle to the :j�r• arbara Kirkmey r, Chair UN Z 4 2015 iL2 OVED AS OFN tN t �e ""'��APPROVED AS STANCE: / '•��4%i ' ' �;�. list: Controller EI d y 'al or epartment Head APP'* D AS = •' Count ney 4119136 Pages: 5 of 5 06/25/2015� 03:48 Pd Recorder, Weld Carly 2 d County CO IIII iiiiC 'tNi?WILiii:I'IMiRr:1lNraiimiril.liyi, sill a,,5 g�� S 1 t 2015 Non -Exclusive License Agreement #7 : 1 . West ( CR 15 SL at CR 104 - Residence Road ) yam \ .. - •-. 5.... ■ WEST SCOTT R ■ _ ... cis•... __.M._' � -_ ■ .- 0 V 1 4V I■ r ilit.1 II REEVES GREG R -FILCHER KIRBY J• REEVES GREG F i. ■ -, _. a CR 15 Section Line Access - North from CR 104 : T�. - ■ ( Distance = . 64 Miles ) ; ' On County Un- Maintained PRICE JUSTIN L ■ Public Right-of-Way t • G• \ ■ • ■ _ PRICE JUSTIN ■ :• ' `• . \ ' _ 1, u III �� • II , III , ii ■ � ■ _ - 4 : I■ ' - 327 A .:_ ,. 9 D. J MES_ .. ROWLEY L. ON I MAURER EVAN LANG ROBERT E I • NUNN TELE'HONE COMPANY 1 - GRAVES B ' Q " '.;ES FAMILY LLB BOEHMER MICHAEL J MESTAS JOE AHANSEN CHEYA� 1-- : _ ._ . . - . . . -- 1K...1 .-__ '4013 ,1 414, 4141 40 S1 O • 10 N ,•115 2927 A f N 4, SI M 73110 O M „,05 4 ,4, ,21 ,41;41s134 no Gravel 40144 GROVER a 12',24 20.., • 991,,. AN: nc § mom ,a 1 Arterial Service PIERCE NEWRAYMER w e F b ., 186i _ - Y a EATOle N ., 6 -... :.„- .+. 111 a03 „J71 9.4,1141. .. X14 1113 1 1 l u1 1 '41 911 K.' 2 Local Service WINDSOR�A s. GREEL'EY', toy V EVANS S s1� s MIL' KEN �r�' s'so 3 Half and Half ,�- KERSEY •MEA� LA SALLE N. ••••`se 0 240 480 u s 34 r J ti - Y ONGMONT1 a,. I Parcels faes-5.. >o ,1 RaE ., H19DSON 9. '290 DAtONO 4, al a O1,'Ti 0) 42 1. 17 1/2111 4151, Sf 73MIL N 97 Feet SPICKARD MARK DIEHL M J & SONS INC 7BURKE TIMOTHY V KAPPERT RODNEY J CARROLL RONALD D ER REBECCA L HICKENDORF FRANCIS A JR.- .. i NOBLE THOMAS S ,i 11@6;GUFFEY BR • ► ' MCGREGOR MICHAEL R SMITH FREDERICK W WILLIAMSON DAVID G. •° -- . - . - - BERRYHILL RICK & KATHERINE (JT),. BUZARD BUDDY L HOUSER PAUL a REEVE GREG R 8- - . -_ . FARMER MITZEL TERI Lg:: 4 - - LCHER KIR : LESH CRAIG P LIVING TRUST " - - "...----j -RICE J 1l CARSON STEPHEN L 3 ' ri PRICE J , DIXON KENNETH L.1---"--",,,.., 1:GUNDRED JAME `� DMA 1_-• -‘ L-- VAN M&A, G ROBERT E I. TELE- . JNE COr4ANY 44.6- I ' 1 DYER DAVID RAY , ME ASJOEA _ . ',GRAVES BRIAN H ,•OEHMER (MICHAEL J TBS GRAVES FAMI '>CIillitHet. CAVALIERE ROSALIE A KORTHUIS MIN G MESTAS JOE A BOEHMER MICHAEL J HAUGER LINDSEY R POPISH GEORGE A 1 9M OGG J BARRY RAKOCZY KYLE SCHORRE ALBERT WILFORD SCHORRE ALBERT WILFORD SPEER MARTIN L Dear Mr. Jg54;n ( — iPrICe. This letter is to notify all property owners using the County section line access that we are requesting and access to our home located on WCR 15 between WCR104 through WCR106, .64 miles of section line access. The reason for this notification is residential sharing the current section line access road, and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the residential access use by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience. Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Scott&Colleen West ACKNOWLEDGEMENT: 56� 5 ,1i14�1'X1 1`L --------�_ '"�`^--!c iL c �t ��L l 1� c4J6 Print name Date Print name Date 5AA 5 Signature Date Signature Date Pc: Weld County Public Works (WCR ) Non- exclusive License Agreement Dear Mr. C.70eCi {?. -iee Ve S This letter is to notify all property owners using the County section line access that we are requesting and access to our home located on WCR 15 between WCR104 through WCR106, .64 miles of section line access. The reason for this notification is residential sharing the current section line access road, and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the residential access use by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience.Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Scott&Colleen West ACKNOWLEDGEMENT: R RV VS Z/ -iY- (5- Print name Date Print name Date Afteli R -� Signature Date Signature Date Pc:Weld County Public Works (WCR ) Non-exclusive License Agreement Dear Mr. z r7. 1 vwe5 Gu Ina{ed This letter is to notify all property owners using the County section line access that we are requesting and access to our home located on WCR 15 between WCR104 through WCR106, .64 miles of section line access. The reason for this notification is residential sharing the current section line access road,and the Weld County Public Works Department requires that all landowners be notified. Please acknowledge that you have been notified of the residential access use by signing and returning this letter. I have included a self-addressed, stamped envelope for your convenience.Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Scott& Colleen West ACKNOWLEDGEMENT: un.Gs LJuA1)g cA V/,1C Age, CodoL°E-p Print name Date Print name Date 9�� ,," 9:D ignature Date Signature Date Pc: Weld County Public Works (WCR ) Non-exclusive License Agreement U.S. Postal Service CERTIFIED MAIL,: RECEIPT Q' (Domestic Mail Only;No Insurance Coverage Provided) ru irl For delivery information visit our website at www.usps.com. ru NaLIeT l�'-o I A. L U S E Postage $ 10.49 0554 Certified Fee $3.30 06 Q — Postmark a Return Receipt Fee $2.70 O (Endorsement Required) Here • Restricted Delivery Fee $0,04 (Endorsement Required) r` $6.49 04/20/2015 S Total Postage&Fees O Sent To ru ky ti �l•t oStreet Apt No.:or PO Box No. ___l�"{f. ___.a 1t .S 15 City State,ZIP ��i� /t 9-/40-5 S F nn 3:r r.Auyust 2JU S everse I.r lnslrec1u.ns Hello