HomeMy WebLinkAbout790682.tiff RESOLUTION
RE: APPROVAL OF GRAVEL LEASE BETWEEN HAROLD F. BAUMGARTNER AND
WELD COUNTY, COLORADO
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, a gravel lease between Harold F. Baumgartner and
Weld County, Colorado has been presented to the Board of County
Commissioners, and
WHEREAS, said gravel lease concerns the following described
property:
The West Half of the Northeast Quarter
of Section 2 , Township 2 North, Range
68 West of the 6th P.M. , and the South-
west Quarter of the Southeast Quarter
and the North Half of the Southeast Quar-
ter of Section 35, Township 3 North,
Range 68 West of the 6th P.M. , and the
Northwest Quarter of the Southwest Quar-
ter of Section 36, Township 3 North,
Range 68 West of the 6th P .M. , Weld
County, Colorado.
WHEREAS, the term of said lease shall be from December 31,
1979 to December 31, 1980 , and
WHEREAS, the Board of County Commissioners deems it advisable
to approve said gravel lease.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the gravel lease between
Harold F. Baumgartner and Weld County, Colorado be, and hereby is,
approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 31st day of
December, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
(Aye)
Norman Carlson, Chairman
4L4V.AMShrj
ATTEST: 1 (Aye)
Lydi unbar
Weld County Clerk and Recorder
• and Cleric to the B and (Aye)
C . W. Kirby
,y i Z.-0"a
Deputy Coun Clerk Z. "a (Aye)
Leo and L. Roe
A2PP(OC' D AS TO FORM:
V /f-yam, 27 JLytle K. Stei mark 790662
County Attorney
original resolution lost
` ' ro` 0 DATE PRESENTED : JANUARY 16 , 1980
GRAVEL LEASE
THIS AGREEMENT between HAROLD F. BAUMGARTNER, hereinafter
called Owner, and BOARD OF COUNTY COMMISSIONERS, Weld County,
Colorado, hereinafter called Lessee.
WHEREAS, the parties entered into a Gravel Lease Agreement
dated December 29, 1978, a true copy of which is attached; and
WHEREAS, the parties desire to adopt the Gravel Lease
dated December 29 , 1978 on the same terms and conditions as
stated therein except as expressly changed by the terms of this
extension agreement and thereby avoid typing a new lease.
NOW THEREFORE, in consideration of the mutual covenants
and conditions hereinafter set forth, the parties agree as
follows :
1. The term of the Lease shall commence December 31, 1979
and shall end on December 31, 1980 .
2 . The Lessee shall pay to Owner a royalty of thirty cents
(30$) per ton for all sand, gravel and overburden removed during
the term of the Lease. The Lessee agrees to pay a royalty for
130 , 000 tons ($39 , 000 . 00) at the date the Owner executes this
Lease. Lessee agrees to purchase a minimum of 130 , 000 tons
during the term of this Lease.
3. The Lessee shall have the right to remove all material
mined and stockpiled as of December 31, 1980 by July 1, 1981.
Any material not removed by July 1, 1981 shall remain the
property of the Owner.
4 . The Owner shall have the right to enter upon the
premises with such equipment as Owner deems necessary for the
purpose of excavating, mining, hauling and removing gravel so
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long as such operation does not interfere with Lessee' s
operation.
5 . In all other respects, except as expressly stated
herein, the December 29, 1978 Gravel Lease attached is
adopted and agreed upon as a Gravel Lease the same as if a
new Lease had been typed containing the above changes.
LESSEE :
BOARD OF COUNTY COMMISSIONERS
ATTEST a�I �t,, , COUNTY OF WELD
} ais,4t.w. ww.r'w'
Weld County�lerk and Recorder C
/dplerk to the Boards
y, Kip - / 1, ,f. < <<y By UtyCou County C�rC ti,J
t s. �_ :X I
?Intel dt"ti
OWNS
aAnd
Harold F. umgartnqf
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