HomeMy WebLinkAbout20150932.tiff RESOLUTION
RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF COUNTY ROAD 63 AND AUTHORIZE CHAIR TO SIGN -
CHARLES AND JENEVIEVE NELSON
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 63 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 Charles and Jenevieve Nelson, 23310 County Road 63,
Kersey, Colorado 80644, 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 63 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 Charles and Jenevieve Nelson 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 8th day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:C ;iiki EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY. l_1 i r/� l►.��%�. L f
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Th
D: .f y Clerk to he Boarl •
Conw Y � )
44V z
APPROVED AS TO FORM: , '•1:i+.J:�'
% » Te A. Cozad
-
CountyAttorney
Li hi, Steve Moreno
Date of signature: / / \
2015-0932
EG0072
MEMORANDUM RECEIVED
TO: Clerk to the Board (J 3 2015
DATE: 4/2/2015 COMn�9S�nn�iF�
1 ! FROM: Richard Hastings, Public Works Department
SUBJECT: BOCC Agenda Item: Non-Exclusive License
c*O� N T Y Agreement:
Charles &Jenevieve Nelson
(CR 63 & CR 50—RE Road)
Request for approval of Non-Exclusive License Agreement:
Non-Exclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-
Way with Charles and Jenevieve Nelson to utilize County Road 50 access on un-maintained CR
63 for a distance of 3/4 mile to access their home residence on Lot A of RECX14-0103.
Recommendation:
Weld County Public Works Department has observed that an existing access road is already in
operation and is being properly maintained. All required documentation has been provided by the
applicant. The Department of Public Works recommends approval of this Non-Exclusive License
Agreement.
2015-0932
pc'. Elizabeth Relford, Weld County Public Works
Michelle Martin.Weld County Planning Services
Bob Choate.Assistant County Attorney
M AAGRPlM GNTS\Non-exclusiveA20 I5V 2 NelsonA2015 Non-IlseIt siyc I.icense Agreement d2 Nelson(CR's 63 unntaintmned&50)-
NI •MO.does
Charles and Jenevieve Nelson
23310 CR 63
Kersey, CO 80644
Charles and Jenevieve,
The proposed access to Lot A for RECX14-0103 is shown in the application materials to utilize
unmaintained right of way along CR 63. Unmaintained right of way is intended to ensure access
to parcels that do not front publicly maintained roadways. You were informed that a non-
exclusive license agreement is necessary. This agreement is meant to ensure legal access to your
parcels and also to make it understood the County does not maintain this right of way and it must
be maintained to a minimum level of safety for private property owners as well as the public. It
is recommended a road maintenance agreement be formed between users to avoid property
owner conflicts relating to maintenance of the section line right of way and associated roadway
that was constructed by others. Please find attached the following:
1. Non-exclusive license agreement checklist (for your information)
2. Procedural guide to determine if road right of way exists (for your information)
3. Non-exclusive license agreement (please have all owners sign with notary, return to
Public Works)
4. History of section line right of way (for your information)
5. 1889 resolution(for your information)
6. Notification letters to neighbor's (please send to neighbors as certified mail and return
receipt to Public Works or return letter signed by neighbor to Public Works)
7. Access Permit Application Form (You may have already completed this form)
8. Weld County Public Works Non-exclusive License Agreement sign diagram (for your
information)
9. Non-exclusive License Agreement & Sign Invoice (Your total will be $250.00)
10. Public Works Staff Contact Information Sheet (for your information)
Let me know if you have any questions or need further information.
Sincerely,
Richard Hastings
Compliance Analyst & Construction Inspector
Weld County Public Works
1111 H Street, P.O. Box 758
Greeley, CO 80632
(970)304-6496 Ext. 3727
NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND
MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY
THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this1u day of
RIO r l tit.% .+ , 20j3 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 ;t 1 t Cat t
1�i`\ LI+'F�C, t� Y SL ,as Second Party whose
address is .22)-2,1(..: c C Lc 1 K-€‘ -S t C'C LC'-k'
WITNESSETH:
WHEREAS, Second Party desires to more effectively access property located at the
N 2N‘1,0`} of Section rj ,Township '-f North, Range(iL DWest of the 6t"
P.M. in Weld County, Colorado, and
WHEREAS,First Party is the owner of the right-of-way known as WCR(;2 for a distance of
1LF +�CS WCR and located as follows: {t',,C i �AItJY lSt'�
c'r z t CS- SC( t'1 t 1t,v( (jC i f_iS (.\ t C c e ( t 3 between Sections i o
and > ,Township North,Range t ,:,,West,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. 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:
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Carly Koppes. Clerk and Recorder. Weld County. CO l� O .ZJ
VIII M��1PJ��r4r111�G�l�h:L�� «�M,6 ilY FLIT+li,r'1 iI III
a. ROW shall be constructed and maintained as a graded and drained all-weather road. The
access width requirements for emergency equipment(tire department)are a minimum of 20
feet.
b. lithe 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. lithe 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 he 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 he
unreasonably withheld.
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Carly Koppel- Clerk and Recorder, Weld County, CO
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.
1 I. 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
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Carly Koppes. Clerk and Recorder. Weld County.. CO
�IIII
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: ds Jeco;
712.
Clerk t le Board
BY E By: I icc fa
Deputy lerk p may". Mike Freeman, Pro-Tem APR 0 S 2015
APPROVED AS TO FORM: iT°6
Assistant County Attorney
SECOND PARTY:
NAME NAME
BYE L k.“ LC �� BY:
t •SUBSCRIBED AND SWORN to before me this day of f �`, G��� H , 20
WITNESS my hand and official seal
Notary Public
My commission expires: MICHELLE MURRAY
NOTARY PUBLIC
*TATE OF COLORADO
') NOTARY ID 20054009144
MY COMMISSION EXPIRES 211=018
M:\AGREEMENTS\Non-exclusive\AGREEMENT FORM.doc
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Carly Koppes. Clerk and Recorder, Weld County CO
liiI!puck 9n Akii Bill
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RECORDED EXEMPTION NO .
PART OF THE NORTH HALF OF THE SOU'
TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH PRINCIP)
EXISTING EDGE OF ROAD
WELD COUNTY ROAD No.63
05/13/1918 -PETITION TO OPEN ROAD: BK. I5,PG.501
06/08/1918 DECLARED PUBLIC ROAD: BIC. IS,PG.518
ALSO 4/20/1922 RESOLUTION: BK.658.PG. 10 NORTH LIT
S 89°46'45" E
WEST 1/4 COR OF. SEC..5 iowT —
COUNTY NOTES:
1) All proposed or existing structures will or do meet the minimum setback and offset 'r' .#6 REBAR W. 3PSTAMPEDLS. 2098
requirements for the zone district In which the property le located. Pursuant to the definition of U CAP STAMPED L.S.X1098
setback In the Weld County Code, the required setback is measured from the future right-of-way y
line. O re)
IR
*No building or structure as defined and limited to those occupancies listed as Groups A. B, E, 5.ts •
F, H, I, M and R in Section 302.1 of the 2012 International Building Code, and shall be "' . g , LOT A
constructed within a 200—foot radius of any tank battery or within a ISO—foot radius of any I V 3 RE-2727 ';
wellhead or within a twenty—fin—foot radius of any plugged or abandoned oil and gas well. Any F" (NOT A PART)
construction within a two—hundred—foot radius of any tank battery or one—hundred—fifty—foot 3 - 0s
radius of any wellhead shall require a variance from the terms of this Chapter in accordance S
with Subsection 23-8-10.C of this Code. X00'
2) Any future structures or uses on site must obtain the appropriate zoning and building permits. �� ��
at Pti .04 REBAR W.CAP
3) Lot A is not eligible for future land exemption in accordance with Section 24-8-20.C.1 of the F.' STAMPED LS.ILLEGIBLE
Weld County Code. it
O s 84^46'45"f` 64RS7
Q 30.00
610.59' '
4) The largest lot of any recorded exemption may not be less than thirty—five (35) acres net '" /
unless approved by the Weld County Board of Commissioners In accordance with Section x„N 7 on.was \
24-8-40.P. of the Weld County Code. p4
Q.. i R=150' ,
° LOTA
5) Prior to the release of building permits, the applicant shall submit a recorded deed describing Q
the Lot upon which the building permit is requested with the building permit applications. The ,'� I 9.429*ACRES S /
kraal description on such deed shall include the Lot dsalgnat!on and Recorded Exemption number. O I 1 8.989*ACRES(NET)
7 /EXISTGEDGEOFROAD
8) Prior to the release of building permits, the applicant shall submit evidence to the Department R
of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and ,.2
dependability. N ' ACCESS PERMIT No.AP14-00436
60'ROAD DIGRESS,EGRESS.ACCESS AND UTILITY
7) Should noxious weeds exist on the property or become established as a r suit of the proposed "LOT ERTHIS ECJCI4-0103 FOR TItEBENEFITOF LOT B
development the applicant/landowner shall be responsible for controlling the noxious weeds, (PFRTHISPLAT)
30.00'
pursuant to Chapter 15, Articles I and II of the Weld County Code. allaci89"19'39" W
8) Building permits shall be obtained prior to the construction of any building. Buildings that SOUTH LINE OF THE NORTH 1/2 OF THE SOUI'HWl
meet the definition of on Ag Exempt Building per the requirements of Section 29-1-20 and
Section 29-3-20.8.13 of the Weld County Code do not need building permits, however, a SOUTH 1/16 COR ON WEST LINE OF.SEC.5 ED.N4 REBAR W.CAP
Certificate of Compliance must be filed with the Planning Department and an electrical and/or FD.#6 REBAR(BENT WITH NO( p) TAtsWW LS.ILLEGIBLE I
plumbing permit is required for any electrical service to the building or water for watering or (NOT ACCEPTED)
washing of livestock or poultry. N 06'35'18"W 5.06' FROM SET CORNER \
9) Building Permits issues on the proposed lots will be required to adhere to the fee structure of
the County—Wide Rood Impact Fee Program.
10) Building Permits issued on the proposed lots will be required to adhere to the fee structure
of the County Facility Fee and Drainage Impact Fee Programs.
11) The property owners acknowledges that mineral owners and leases have real property
interests that entitle them to surface use in accordance with Colorado State Statutes and
applicable Colorado oil and Gas Conservation Commission regulations. LOT AREAS (GROSS)
Kett EY(::s:Tsi;uxy
12) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural main•k WaT«:izll
counties in the United Mules, typically ranking in the top ten counties in the country In total TOTAL= 1:111 t!1
market value of agricultural products sold. The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving info a rural area must
recognize and accept there are drawbacks, including conflicts with long—standing agricultural
practices and a lower level of services than In town. Along with the drawbacks come the
incentives which attract urban dwellers to relocate to rural area: open views, spaciousness,
wildlife, lack of city noise and congestion, and the rural atmosphere and way of Die. Without
neighboring farms, those features which attract urban dwellers to rural Weld County would quickly
be gone forever.
Agricultural users of the land should not be expected to change their long—established
agricultural practices to accommodate the intrusions of urban users Into a rural area. Well—run
agricultural activities will generate off—site Impacts, including noise from tractors and equipment;
slow moving farm vehicles on rural roods; dust from animal pens, field work, harvest and gravel
roods; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and
mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and
the use of pesticides and fertilizers In the fields, Including the use of aerial spraying. it is
common practice for agricultural producers to utilize an accumulation of agricultural machinery
and supplies to assist in their agricultural operations. A concentration of miscellaneous
agricultural material often produces a visual disparity between rural and urban areas of the
County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to
be a public or private nuisance if the agricultural operation alleged to be a nuisance employs
methods or practices that are commonly or reasonably associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It le unrealistic a ner y &
to assume that ditches and reservoirs may simply be moved 'out of the way' of residential r_ am
development. When moving to the County, property owners and residents must realize they cannot a
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated
SCALE 1"=1A9'
right to the water.
UNEAL UNITS STATEMENT
Weld County coven a land area of over four thousand (4,000) square miles in size (twice the All lineal distances an measured
size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of In feet and decimal feet units.
state and County roads outside of munIlpalitles. The sheer magnitude of the area to be carved
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency LEGEND:
responses, Including low enforcement, ambulance, and firs. Fire protection Is usually provided by
volunteers who must leave their Jobe and families to respond to emergencies. County gravel o= SET #4 REBAR WITH CAP LS. 3;
roods, no matter how often they are bladed, will not provide the same kind of surface expected e. #4 REBAR WITH CAP STAMPED L
from a paved road. Snow removal priorities mean that roods from subdivisions to arteriole may UNLESS OTHERWISE DESCRIBED)
not be cleared for several days after a major snowstorm. Services in rural areas, in many cases,
will not be equivalent to municipal services. Rural dwellers must, by necessity, be more 4 = SECTION CORNER AS DESCRIBED
self-sufficient than urban dwellers. I
i -4, = QUARTER CORNER AS DESCRIBED
People are exposed to different hazards in the County than in an urban or suburban setting. III
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps += CENTER QUARTER CORNER AS DE
and center pivot operations, high speed traffic, sand bun, puncture vines, territorial farm dogs,
and livestock, and open burning present real threats. Controlling children's activities is Important, 4—= SIXTEENTH CORNER AS DESCRIBEI
not only for their safety, but also for the protection of the farmer's livelihood.
Charles and Jenevieve Nelson
23310 Weld County Rd. 63
Kersey, CO 80644
February 25, 2015
Alan and Tracty Axton
23502 Weld County Rd. 63
Kersey, CO 80644
Dear Alan and Tracby Axton:
This letter is to notify all property owners using the County section line access that we are
requesting an access for proposed residential access located on WCR 63 between WCR 48
through WCR 50, .76 miles of section line access.
The reason for this notification is that it will add residential traffic sharing the current section
line access road, and the Weld Count Public Works Department requires that all landowners be
notified.
Please acknowledge that you have been notified of the residential access use by signing and
return this letter. I have included a self-addressed, stamped envelope for your convenience.
Your signature on the certified mal receipt will also acknowledge notification.
Sincerely,
�C ki\_C 1 \--
Charles and Jenevieve Nelson
ACKNOWLEDGEMENT:
/ / - 3 r,
Print name date Prirfl-n e /' date
Signature 4ignature
pc: Weld County Public Works
(WCR 63)Non-Exclusive License Agreement
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