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Home My WebLink About20142842.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF COUNTY ROAD 81 SECTION LINE RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - DUANGCHAI "DJ" WASHBURN 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 81 Section Line 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 Duangchai Washburn, 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 81 Section Line 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 Duangchai Washburn 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 September, A.D., 2014. BOARD OF COUNTY COMMISSIONERS ` WELD COUNTY OLORRADO ATTEST: tAa/ h :o o-7(09-n �` ` Q Do elas/Rademacher, Chair Weld County Clerk to the Board ELA Kirk yer, P -Tem B =�uty Clerk o the :..t.esl 1( =;; =43:P n Conway ,,,�n �1 APP D'9 : `` 1� ' O D �-�-f'4 — Mike Free Onfy Attorney Wi Ili5m F. Garcia 9 Date of signature: -/a3 2014-2842 6t7triaC, EG0070 )25- MEMORANDUM TO: Clerk to the Board DATE: 9/12/2014 r86r 1 FROM: Richard Hastings, Public Works Department r P/ SUBJECT: BOCC Agenda Item: Non-Exclusive License co U N T Y Agreement: DJ Washburn (CR's 81 & 92 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 DJ Washburn to utilize Weld County Road 92 Access on CR 81 Section Line for a distance of 1/2 mile to access the (RECX14-0022)Recorded Exemption Lots. Recommendation: Weld County Public Works Department performed a site inspection, at the above mentioned location, and observed that there is an existing access road in place and that this Agreement will not require construction of a new access road. All required documentation has been provided by the applicant. The Department of Public Works recommends approval of this Non-Exclusive License Agreement. 2014-2842 pc: Elizabeth Relford,Weld County Public Works Tiffane Johnson,Weld County Planning Services M:AGREEMENTS\Non-exclusive\2014\CR 81 Washburn 2014 Non-Exclusive License Agreement#4-DJ Washburn(CR's 8I&92)b- MEMO.docx NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NON CLUSIVE LICENSE AGREEMENT, made and entered into this-X day of 20S by and between WELD COUNTY, COLORADO, by and through the Board of Coun Com ssioners of Weld County, Colorado,whose address is 1150 O Street,Greeley, Colorado 80631,as First Party, and Dv,ANqa-I(f i WIle t16 geed .375 A S k Ct• ,as Second Party whose address is la-Font) O WITNESSETH: WHE AS, Second Party desires to more effectively access property located at the rkSr S i cE of Section I y. ,Township 81 North,Range kr2West of the 6th P.M. in Weld County, Colorado, and WHEREAS,First Party is the owner of the right-of-way known as WCR for a distance of atcD Firs/ No izT h WCR y,A and located as follows: the_ Fact .572c4 4 5'Ce l'(IN L.i,Me 13 L%WcPN L /G I<' 7?'/ between Sections $4 and )[,Township North,Range it;/„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 4047317 Pages: 1 of 4 09/19/2014 03:17 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County. CO �IIIr1IricifilffWA%I 'l BIM My— 2 O2 a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements fbr emergency equipment(fire department)are a minimum of 20 feet. h. If the installation of a 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 of a 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 ofFirst 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 yconsent to such assignment from First Party, which consent shall not be unreasonably withheld. 2 4047317 Pages: 2 of 4 09/19/2014 03:17 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County, CO ■IIIPFAUWWIIS I'r 11141'4i Bill 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 4047317 Pages: 3 of 4 09/19/2014 03:17 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO �IIIM!r1NF1II11'If4%IrtNiiiiMMIg11.7km, i' Ill 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: d C Clerk to the Board By: 1 �_ l 1��/ �� IE.La Deputy Clerk 1 =, Douglas Itademacher , Chair SEP 1 7 2014 1161 ti�� Sz SECOND PARTY: NAME NAME ByDU-4 l_ By: SUBSCRIBED AND SWORN to before me this 4 i i/day of Cln i-f , 20 4, By b to i4w1(,P I cJA eu aA4J WITNESS my hand and official seal v AS Notary Public ANDREW T. M0REHEAD My commission expires: ///g/i 3NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20094000326 MY COMMISSION EXPIRES 01/13/2017 M.\AGREEMEN TS\Non-exclusive\AGREEMENT FORM.doc 4 4047317 Pages: 4 of 4 09/19/2014 03:17 PM R Fee:$0.00 Steve Moreno. Clerk and Recorder. Weld County, CO VIII KIFJI tiJ P.+'1i FI ' III 2014 Non -Exclusive License Agreement #4 : DJ Washburn ( CR's 81 & 92 RE Road ) .F FREEMAN MARGUERITE REVOCABLE TRUST 50% 1 , 4 !,'g i Ca Cie w flair- ■ ■ CR 81 Section Line Access from CR 92 ( Distance = 1 /2 Mile ) ■... . _, _ els. • - - ;4. ■ ■ ea•• 1,4__ • .1-, ■ ■ . WASHBURN DUANGCHAI WASHBURN DUANGCHAI . . r U ' ' • .•• . F ■ N-- co ■ . ■ ■ ■ ,�.�,.,.�,� ■ ■ ....... , ■ ■ ■ ■ ■ ■ I �� 92„,.,., fFi♦'• ytor . CR 92 . d WASHBURN DUANGCHAI BETHKUJO LLC •3 4 Legend 14013 19 331 4143 49 55 63 69 75 91 97 9697 103 111 119 177 135 143 140157 134yV 7 b 33 39 45 51 57 65 7319 96 93 99 105 113 121 129 13 445,u 130 inf. `' PavedGROVER 74122 ,30,,. •n mg 119„4 /�� ,11„0 § ev 109,0S ID4ti,a J NUNN � �J Gravel 'PIERCE _Nes NEWRAYMER 1 A::t:z::: WINDSORa• , � 3111411 11_-i ,1939111 u9151li .NIII 2 L 3 LASALLE'•u., >� •MEAD R ii L`^0N,GM0NTiro 0 24'0 480 v _J 3 Half and Half `ON ERIE C0.0 HUDS^�+ON 1010 u „....4, 47535965117703.9 A,�4 7 sns 63 "n b 42 Feet i Parcels Jig/ FREEMAN MARGUERITE REVOCABLE TRUST 50% CO FREEMAN MARGUERITE REVOCABLE TRUST 50% Public ROW 30' on both sides of section ling WASHBURN DUANGCHAI WASHBURN DUANGCHAI 0O 92-- �rr�s+re�fsr►wwnwwrrery WASHBURN DUANGCHAI BETHKUJO LLC From: Richard Hastings Sent: Monday,June 09, 2014 10:39 AM To: 'djsflowers@aol.com' Cc: Elizabeth Relford; Donald Carroll; Michelle Martin;Jennifer Petrik;Wayne Howard;Tiffane Johnson Subject: Duangchai Washburn (RECX14-0022): Non-exclusive License Agreement Attachments: NLA ApplicationPackage.pdf June 9, 2014 Dungchai Washburn 375 Ash Ct, Eaton, CO 80615 Dungchai, The proposed access to Lots for RECX14-0022 is shown in the application materials to utilize unmaintained section line right of way along CR 81. Unmaintained section line 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 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 Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected file:///MI/...EEMENTS/Non-exclusive/2014/CR 81 Washburn/Duangchai Washburn(RECX14-0022)Non-exclusive License Agreement.htm[9/11/2014 2:12:04 PM] SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. /J /j,�/ YiKa‘Agdednret ■ Print your name and address on the reverseX A / ssee so that we can return the card to you. B. Receive y ri ed Name) C. Date of Delivery ■ Attach this card to the back it the mailpiece, LI t e s d}t /c2-3-26241 or on theunt if space permits. / Is d / �1 D. Is d very address different from item 1 ,4rY s 1. Article Ad sed to; r f )If YES,enter delivery address below; No 13 I Lo '2sQ) 6 3 I 3. Service Type J`—(T ,Yc'`''Certified Mail", 0 Priority Mail Express" 0 Registered ❑Return Receipt for Merchandise O Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7013 1090 0000 3072 1954 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt SENDER: COMPLETE THIS SECTION COME_ETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete As tore item 4 ii Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse 614C, 914,124.3 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. H C D. Is delivery address d m it C' Yes 1• Article Addressed to: If YES,enter delive ad ress o VOA'? / 1" ?� .�I f. C 13dx 3;4- 'Old a / 3. Service Type Certified Mail® 0 Priority Mail Express" ❑Registered 0 Return Receipt for Merchandise Q fissured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7013 1090 0000 3072 1961 (Transfer from service label) PS Form 3811,July 2013 Domestic Return Receipt Hello