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Home My WebLink About20151782.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF COUNTY ROAD 139 AND AUTHORIZE CHAIR TO SIGN - VCA AGGREGATES, LLC 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 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 VCA Aggregates, LLC, 4459 W. Pioneer Drive, Greeley, CO 80634, 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 VCA Aggregates, LLC, 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 17th day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CQLORADO ATTEST:( ,4etiW/ W jelio ti �_ � `G 1- X11 l-,2-X-L,-- CC// / rbara Kirkmey r, Chair Weld County Clerk to the Board �, IS 1 1, c Mike Freeman, Pro-Tern 9.94) 0.) .9 , go D pp Clerk to the Bo rd _i al. T.: •�•,, Is. !_� Sean P. Conway L' ) ils- AP VED AS 0-- aril � 1,--%, XCUSED til�� ft:0�• !I ulie A. Cozad /� �.�.�t_.r ' o y Attorney ��' ' •-. % = /2"4�-s.e�„s, r JV®`W% Steve Moreno �� Date of signature: CC'•?W(RH 1E&)AML>;-PL, 9I 2_ 2015-1782 EG0072 MEMORANDUM RECEIVED TO: Clerk to the Board JUN 0 8 2015 WELD COUNTY 1861 DATE: 6/8/2015 COMMISSIONERS 'I II.j r. ! .- 1 FROM: Richard Hastings, Public Works Department LPr pSUBJECT: BOCC Agenda Item: Non-Exclusive License p U N T Y l Agreement: Mike AusmusNGA Aggregates LLC (CR 139 Section Line at CR 104.5 - Gravel Pit 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 Mike AusmusNGA Aggregates LLC to utilize Weld County Roads 139 & 104.5 access on WCR 139 Section Line for a distance of 950 feet to access his proposed Gravel Pit . Recommendation: Weld County Public Works Department has observed that an existing access road is already in operation and is being properly maintained. Mike Ausmus has an existing"Easement of Right-of- Way for Access to Property"—Doc. # 4100060 with Colby Van Cleave in order to traverse the associated private property. All required documentation has been provided by the applicant. The Department of Public Works recommends approval of this Non-Exclusive License Agreement. 2015-1782 pc: Elizabeth Relford,Weld County Public Works Mike Livengood,Weld County Public Works Bob Choate,Assistant County Attorney Diana Aungst,Weld County Planning Services M:WGREEMENTS\Non-exclusive12015V13 Ausmus12015 Non-Exclusive License Agreement#3-Ausmus(CR's 104.5&139 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 thisZlday of 14 . .r; I , 201- by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, Colorado,whose address is 1150 0 Street, Greeley, Colorado 80631,as First Party, and V C c -(-eS L L C 0 0 ,as Second Party whose address is (-HS1 ‘,/ Dry K 3 .5 fs3 G,-cc(ty , ea : 61063.Y WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the S E 1/4 of Section cl ,Township q North,Ranges 7West of the 6th P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR 13?for a distance of 950 WCR and located as follows: 3 O ' o f R,C. w, o"l -I t1 e w es.4- s ;d e e) -( S <c- D^' S' between Sections /S- and 16,Township `1 North,RangeS 7 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: 1 oZo% /tt,t 4117477 Pages: 1 of 5 06/19/2015 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III��1R'l��Jr:�IO(��L�i��I#4�'i�� ilklVtiM'�Y�h+iYi�r� 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 of20 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 ally 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 4117477 Pages: 2 of 5 06/19/2015 10:44 AM R Frder 00 Carly Koppel; Clerk and Recorder, Weld County. CO ■iii��iAlit :nielfI lia N, •r ri�Mr,�K��wi�.�,�� it in 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 g 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 orprovisions, to a person or g PP 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 4117477 Pages: 3 of 5 06/19/2015 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co IIIII Fir1R'r ILar 'mEki.''ii laim'n1 Fi 'Ilk II II 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: derdtv,) �• . to.�,� Clerk t e oard By: .. / `C..r✓�r� 11e By: 11 Depu Clerk ,'�� B ara Kirkmeye ,Ch it ° �, JUN 1 7 2015 SECOND PARTY: NAMEVCf ► rt faAcS La-C NAME By:-/"1 aukyv By: SUBSCRIBED,AND SWORN to before me this Zday of RPM.( L ,20 IS, By ( -iPDR.ge 1}?tk:e.' lL'UUifllm WITNESS my hand and official se LAURALAMPT0N NOTARYPUBUC Notary Public STATE OF COLORADO NOTARY 0 20141042801 MYC0MMISSI0N EMPIRES NOVEMBER 03,1018 My commission expires:77. ,_ /ere 05 z /8 M:\AGREEMENTS\Non-exclusive\AGREEMENT FORM.doc 4 e„26/,5- 4117477 Pages: 4 of 5 06/19/2015 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County: CO 1111 I4!PA' PVINCiikW1,41'4,ti P,tfi,PM6IiLlitiihil', II III STAFF APPROVALS FOR NONEXCLUSIVE LICENSE AGREEMENT-VCA AGGREGATES APPROVED AS SUBSTAN E: El ed Qtt cial or Dep ent Head N/A Director of General Services VED AST FING: Lz � CC d Controller APPROV S County Att y 4117477 Pages: 5 of 5 06/19/2015 10:44 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO VIII�1�1�:4�K1%1111411 li��f�l� l Va ��i�ri� BI it I April 16, 2015 RE:NLA for Colby N Van Cleave c/o Mike Ausmus 50985 CR 135 New Raymer, CO 80742 Mike, The proposed access to CR 139 ROW, north of CR 104.5 for the parcel(#047309000002) is shown in the application materials to apparently utilize unmaintained section line right of way along a county road. Unmaintained section line right of way is intended to ensure access to parcels that do not front publicly maintained roadways. The NLA 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. Example notification letter 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 will fill out this application but it may be deemed unnecessary by Permitting Staff) 8. Weld County Public Works Non-exclusive License Agreement sign diagram(for your information) 9. Non-exclusive License Agreement& Sign Invoice(New sign may be unnecessary as road might already have a sign at the CR 139& 104.5 intersection.) 10. Public Works Staff Contact Information Sheet(being updated) 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 1 0 1 9 e, 2015 Non -Exclusive License Agreement #3 : Ausmus ( CR 139 SL at CR 139 & 104 . 5 - Gravel Pit Road ) VAN CLEAVE COLBY N " "" '""" "'„ �"' B&C LAND LI SA iCR 139 Section Line Access from CR's 139 & 104 . 5 Intersection : ( Distance=950 feet ) On County Un-Maintained Public Right-of-Way r i . s. - . . . • • • r , . pa 51 I t • u:. .•• TWO MILE RANCH COLORADO STATE OFIll i • I "I 6 _ . . • It il I C� ' C4 1 5 4 a 1 I 1*iip 1-Milt - P" ' 6 - Paved 90U ,. 2911 t1344455,3657 a r 76 *! .r 00239,67 100 ,,, ,O ¶3r 110 'U 1.01.? �1,�) n7/ >J r n » r ,09 „1 131 1N u1743N21.o Gravel "„, GROVER a 10',91 • •10,,. (. • item 'q<+0 (• oo '/�� 1 Arterial Service r W it 41PIERCE NEW,RAYMER " a ' B°r �AULTr".,n,.� .......q.ya..�:....,r .«a . VO. . .:L-d861�'-'r`• 2 Local Service °o EATON " ' r ,m ns ,n u1us�. WINDSOR dd wr ws ,nnr us ,au, us ur GREELEY 4 so fy,A. EVANS w S 3 Half and Half wI5MILLIKEN 7WKERSEY X70 0 �, LA SALLE"'•^m•3I� 0 410 820 " Ot�GMONT 44"�.� s Parcels 9ll"ERIE . . HUDSON is n,o jiltDAOOyNNO ., s ,. t, nar °3 Feet T Sri+"`.. .! 'A .+ 61 n » 291 ' S t t t i t t t % k $ I t 1 1 S __ a Uri i a - a Li Ct Q) t!1 1 i °' z C) I WI40 0 -, Z r. 0 0 O x c 1 co O in r i _ o cs C .� V Q) i cc 4 .G ct O Eal RI y «+ C C p a 4) NC Z = = ' `' IQ ° o lit i! 1iII . ! sv a. G a S 0La 0 a) ..° V , CV ,Q O G -p .a C 4.1 a E e3>1 E c 4J V = QG 'e v f` • 4-a a V ��„ ..pit 4r a.' I. ° a TZI 4) 1- E � Po � � v° tu `0 c°, c o °t. a 4» g I o ,c 3 0 top ° o ° O la v •C sw a > ° ° C a I A,bV CL oo 2 � c ca v ¢ � P' � tu o w "° �° * rt csi� ,tsi0 O 4- cu y -Q Cr ca .¢n' >, a a� a� �' A -C a� CO '� ° F _O .°A +�•' Ce ° 'b l E 'C ca .-0 as U O C:G Q p g c .5G p. z iv) a ^ a ..% > "C3 ;.4 (4© 'fl FS C O E •~ E c) O Oa Ct C .� C .� p cy y CJ *' .� C ° "C �v U 'v: tA " � C Cr v`� it .E .{ . - , i- ,� 3 3 .� C • G Cr(1.4 et Ct ,ch ° .4 p 1•+ us t S .co a p' 6- -C cam•' t c.) = v c tea Elm. ° 4.. ea o p CL is Dear Mr. This letter is to notify all property owners using the County section line access that we are requesting an access for proposed gravel/mining operations located on WCR 139 between WCR 104 through WCR 104.5,.25 miles of section line access. The reason for this notification is that it will add mining traffic 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 mining operation use by signing and returning this letter.I have induded a self-addressed,stamped envelope for your convenience.Your signature on the certified mail receipt will also acknowledge notification. Sincerely, Mike Ausmus—VCA Aggregates ACKNOWLEDGEMENT: Print Name Date Print Name Date Signature Signature Pc: Weld County Public Works (WCR )Non-Exclusive License Agreement M:\PLANNING-DEVELOPMENT REVIEW\rnrre$pondence\SlawsonErybratloMet-Ldoc SENDER r..'DLE? ON COMPLEIE THIS SEC 17ONONDELIVERY II Comple ='i s,rs1,2,and 3.Also complete A. Signatu =, • item 4i R'-"cted Delivery is desired. 0 Agent ■ Print your name and address on the reverse �r — (�/�4_1E:I:I Addressee so that we can return the card to you. . -eceived b rinamC.Dar of v • Attach this card to the back of the mailpiet , I �C- /), C(l �J !! or on the front if space permits. - Oilj `'T! ., D. Is delivery address different(m item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No f 3 '— R 1(,2 S / 'r I i 1 C 3. Service Type 1 O Certified Mail® O Priority Mall Express' B Q �� O Registered O Return Receipt for Merchandise O Insured Mall O Collect on Delivery 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service/abe0 7014 2120 0003 3029 9326 PS Form 3811,July 2013 Domestic Return Receipt + S r,, , E_Is t-.7 NIPLE,-E THIS SECTION COMPLETE THIS SECTION ON DELIVERY •`,Eomptetelfem"`s oz..and 3.Also complete A. Signs ,item 4 if Regirid ditlpelivery is desired. X gent ▪'Print your!faith' id address on the reverse O Addressee so that we can return the card to you. B. Recei ed by(Printed N ) C ate oD leery,, • Attach this card to the back of the mailpiece, n p\I tp 12�1Zof or on the front if space permits. t`r t ��"11 "'�✓ D. is delivery address different from Item 1? O Yes 1. Article Addressed to: if YES,enter delivery address below: O No 54 o,*a O.C ( t tar #C1O tOt 'ck (3,40Q-4 ii-7 ii -7 S h c r rrl iat rl S4r<' i' Veil lie CC' 3. S Ice Type 1 Certified Mallet O Priority Mail Express' $ LA t*G 3 00 Registered O Return Receipt for Merchandise e o , Q3 O insured Mall 0 Collect on Delivery CX 4. Restricted Delivery'?(Extra Fee) O Yes 2. Article Number {Transfer from servicelaa 7014 2120 0000 8825 3991 PS Form 3811,July 2013 Domestic Return Receipt Hello