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Home My WebLink About3.0 Permit - Encroaching in Public ROW■111 t1++ PV ' MIII1I NIL WItl''>MALIKAli 11111 Reception#: 746995 04/21/2008 04.41:59 PM Jean Rlberico 1 of 3 Rec Fee:$l6.00 Doc Fee.0.00 GARFIELD COUNTY CO GARFIELD COUNTY APPLICATION ANI) PERMIT FOR PRE-EXISTING INSTALLATION(S )ENCROACHING IN A PUBLIC RIGHT-OF-WAY, Section 3.2.4 Road Right -of -Way Use Regulation Applicant / Permittee's Name: Upper Divide, LLC, a Colorado limited liability company, and its successors in interest ("Permittee") Address: P.O. Box 1220, Carbondale, CO 81623 Installation Type: PRE-EXISTING encroachment(s), specifically three (3) sheds, one (1) solar panel, one (1) satellite dish, one (1) spigot and fence lines which demarcated the property boundaries prior to dedications of additional County Road 313 right-of-way, all as shown on the Final Plat of Upper Divide Subdivision Exemption ("Installation(s)") Location (public highway name/designation): COUNTY ROAD 313 The Board of Commissioners of Garfield County, Colorado ("BOCC") and Permittee recognize and agree that the Installation(s) were pre-existing at the date of request by Permittee for permission to leave the Installation(s )in the public right-of-way and no portion of the Installations(s) are located on the traveled surface of the public right-of-way. Permission to retain the above-described Installation(s) at the location specified is granted, subject to the following terms, conditions and special provisions: 1. The Installation(s) are presently owned by the Permittee, shall be maintained by the Permittee and shall remain in the public right-of-way at no expense whatsoever to the BOCC. Provided, however, that said fence lines shall be removed from the right-of-way prior to issuance of driveway access permits. 2. Should the Installation(s) be removed or replaced by the Permittee, the encroachment permitted herein will no longer be permitted, and no replacement shall be constructed within the public right -of --way. 3. In the event any changes are made to the public right-of-way that would necessitate removal and relocation of Installation(s), Permittee shall do so promptly at its own expense upon written request from the BOCC. Should the Permittee fail to accomplish such relocation at Permittee's cost, the County may revoke the Permit, remove the Installation(s) and charge the full cost of such removal to the Permittee. 4. Permittee shall be responsible for any repairs to the public right-of-way, including the traveled surface, necessitated by the presence, use, removal, alteration, improvement or maintenance of the Installation(s). 5. Permittee shall hold harmless the BOCC and its representatives, agents and employees from any and all claim, liability, loss, cost and expense which may arise out of or be connected with the Installation(s), including without limitation the maintenance, alteration, improvement, removal, presence or use of the Installation(s) or any work or facility connected therewith, whether by an act 1 Rev. O]/18/08 11111E4E1171MNI��U��1�11�6 14�'� ��,I �fM�� 1Ill Reception#. 746995 04121(2008 04:41:59 P11 Jean Alberico 2 of 3 Rec Fee $16.00 Doc Fee:0.00 GARFIELD COUNTY CO or omission of the Permittee or any of its agents or representatives. The Permittee shall be responsible for and shall pay for any and all damages and the costs of defense arising out of such, as well as pay for damage to County property. 6. The Permittee shall provide the BOCC with a Certificate of Insurance, including public liability and property damage insurance in the minimum amounts of $150,000 per person and $600,000 per occurrence, written by a company authorized to do business in the State of Colorado and containing a provision that the insurance shall not be cancelled, terminated, changed or modified without ten (10) days written notice to the BOCC. The Certificate of Insurance shall name the BOCC as an additional insured pursuant to the terms of the Permit. 7. No open trench is permitted in or on the traveled surface of the public right-of-way after dark. 8. Any materials from excavation related to the Installation(s) shall be removed from the traveled surface of the public right-of-way each day before dark. 9. Permittee shall maintain the Installation(s) at all times in order to prevent movement of water and debris onto the traveled surface of the public right-of-way. 10. If the BOCC so requires, Permittee shall mark the Installation(s) at designated locations in a manner acceptable to the BOCC or their representative(s), as needed for the safety and welfare of the public. 11. Permittee shall advise the Garfield County Road and Bridge Department at least forty-eight (48) hours in advance of the time at which work on the Installation(s) is to commence. 12. The public shall be protected during any work on the Installation(s) with proper warning signs or signals, both day and night. Warning signs and signals shall be installed by and at the expense of the Permittee and in accordance with directions given by the BOCC or their representative(s). 13. The BOCC is not responsible for any damage that may result to the Installation(s) located in the public right-of-way during maintenance of the traveled surface or any other portion of the public right-of-way. 14. Permittee shall shut off gas, electric, water and other utility lines and remove all combustible materials from the public right-of-way when requested to do so by the BOCC, as deemed appropriate by the County for road construction, maintenance operations or other public need. 15. Should any portion of the public right-of-way be disturbed during maintenance, alteration, improvement, removal, presence or use of the Installation(s) or a portion of the Installation(s), the Permittee shall restore the area within the public right-of-way to its pre-existing condition. 16. Any backfilling in the public right-of-way and/or cutting of the traveled surface, whether or not asphalt, shall require a separate permitting process with the Garfield County Road and Bridge Department, which permit shall define the methodology, materials, equipment and operational 2 Rev. 01/18/08 1111DIE�l'1 ,�aIJ�,�tL�IIII Reception# 746995 04/21/2008 04:41:59 PM Jean Alberico 3 of 3 Rec Fee:$16.00 Doc Fee.0.00 GARFIELD COUNTY CO procedures to be used. 17. Where reference is made herein to representative(s) of the BOCC, such representative shall be the District Road Supervisor or Director of the Road and Bridge Department, unless otherwise specified in writing by the BOCC. 18. This Permit relates only to the public right-of-way and is not a grant of permission to enter into private property adjacent to the right-of-way or alter or disturb installation(s) existing within the right-of-way installed or owned by other parties. 19. This permit is not a substitute for compliance with any land use permit othe 'ise required by the BOCC. 20. The fee established by the BOCC for this Permit is Special Provisions: In making this application and accepting this Permit, the undersigned Permittee or its/his/her authorized representative verifies that s/he has read and understands all of the foregoing provisions and has authority to sign for and bind the Permittee, and that by virtue of his/her signature, below, the Permittee is bound by all the conditions set forth herein if the Permit is approved and executed by the BOCC, below. Permittee: UPPER DIVIDE, LLC By: LJ t <Am k Title: Manager Date: �- {T ' CSD , 2008 5�- APPROVED AND GRANTED this of — day of %*N , 2008. BOARD OF s .1 TY COMMISSIO ATTEST: Ck to the Board Rev. 01/18/08 3 ARFIEL By Chai RADO