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HomeMy WebLinkAbout790686.tiff RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN EARL D. SOWERS AND WELD COUNTY, COLORADO AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE SAME. 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, Weld County is seeking to construct an extension of Weld County Road 13 between Weld County Road 18 and State Highway 52, and WHEREAS, an agreement bewteen Earl D. Sowers and Weld County, Colorado has been presented to the Board of County Commissioners of Weld County relating to Earl Sowers ' donation of fill material for said construction of Weld County Road 13. A copy of said agreement is attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners deem it advisable and in the best interests of Weld County to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement between Earl D. Sowers and Weld County concerning the donation of fill material for the construction of Weld County Road 13 be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman of the Board 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 10th day of January, A.D. , 1979. ‘ � BOARD OF COUNTY COMMISSIONERS -jj�ATTEST: " (o Q. L , _ • ' WELD COUNTY, COLORADO Weld County C erk and Recorder )fy- mor..._, an erk to the B d ja l iet eputy Count lerk (F; �f;7t4_{, AP ED AS E RM: I. c County Attorney 790686 -- e. (littyt � d DATE PRESENTED: JANUARY 15, 1979 AGREEMENT of the By and between WELD COUNTY , COLORADO and EARL D . SOWERS , Ownererrter east 1 /2 of that portion of the south 1 /2 of tothe e5northeast quart rtrh , lying south of the South Platte Cana , Colorado and the west 1 /2 Range 68 West of the 6th P . M . , Weld County of the south 1 /2 of the northeast g� th ayo� � Range 68 West of the yo `l the South 6th Platte Canal , Section 25 , Township P . M . , Weld County , Colorado . As donor of a sizeable amount of fill e continuation maerio of Road 13 , r County m the above land to Weld County , Colorado for th agrees to the following as protection and restitution to the donor : 1 . Weld County assumes full liability for any damage caused by machinery or personnel involved in borrow operation , occurring to valves , pine lines , or any other property in the area belonging to Amoco Production Company or Panhandle Eastern Pipe- line Company , above or below the ground . Weld County will main- tain the proper amount of to cover all a � Ingress s Pit and area to comply with Sta of Colorado Reguli:ions egress will be ?allowed to all vehicles and personnel necessary to service gas and oil wells in the borrow area at all times without delay . 2 . Borrow will start west of the "J " gas well to eliminate a deep ditch . 3 . The haul road will be constructed north of Tom RussFlls seaQ the uh. side of north fencethe borrow area east to west to the west property line of the borrow area . The haul road will be left in smooth usable condi�tiion whenborrow or u r opeation is completed . County to place 2 of gravel 4 . Two ( 2 ? roads will be construct the existing ted rmthe nh roads haul road n the running orroal straight north and connect w ih area . County to place 2" of gravel on road . 5 . The borrow material will be removed uniformly so as to leave no humps or depressions in the Pit area . he borrow 6 . The Pit Owner reserves the right to ions outlined inr�thiscel tagreement are not at any time the condit complied with . 7 . Upon completion of the borrow operation , Weld County will survey and stake a line on the north side of the haul road approximatelynable fifteen feet ( 15 ' ) north of Tom Russell ' s fence , that willPit Owner to' build a fence in a straight line east to west . 8. The east fence will be replaced on donor ' s property line . WELD COUNTY , COLORADO By 41,--1-)11.4e-3,- Earl _..-- D . Sowers , Pit Owner Authorized Signature Chairman, Weld County, Board of County Commissioners DATE / ATTEST: �Q • WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BO B A • u y County Clerk DATE 72 `? / , / // . w mEmoRAnDum WIDCT. Weld County Commissioners Date January 8, 1979 COLORADO From Wayne S. Smyth. Weld County Engineer subject: Fill Material for Weld County Road 13 I request your approval of the attached agreement and authorization of signature for the same. Said agreement is by and between Weld County and Earl Sowers, for fill material to be used to construct Weld County Road 13 between Weld County Road 18 and State Highway 52. /‘4" VC ✓7 Wayne/S. Smyth Weld County Engineer WSS:sar CC: Weld County Attorney g' is On" rn,.;1.1 COVVMSERS ii • 0CT 3 31978 1i October 25, 1978 c1 EEL EY. COLO. Board of County Commissioners, Weld County 915 1Oth Street Greeley, Colorado 80631 Gentlemen: With reference to the continuation of Road 13 west of Firestone, approximately in January, 1977 I talked with Mr. Olson, Frank Smith and Commissioner Jacciboucci and agreed to contribute fill material from my land. If this is still your intent, I have enclosed an Agreement which I would appreciate your signing and returning the original to me. Also, after this Agreement is executed I would like to meet with Fr. Smyth and the job superintendent on my land to discuss the material removal. I would appreciate hearing from you with regard to your decision on this matter. Sincerely yours, Earl D. Sowers 125:.6 Weld County Road #1 Longmont, Colorado 80501 Greeley, Colorado 1 '.from the office of January 16 197 THE BOARD OF COUNTY COMMISSIONERS -- . WELD COUNTY, COLORADO Dear Mr. Sower, Please sign both of the enclosed agreements. Return the original to this office and retain the copy. The enclosed resolution copy is for your records. A If you have any questions or we may be of any assistance please ;; let us know. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, � y { COUNTY, COLORADO �al MARY ANN FEUERSTEIN COUNTY CLERK & RECORDER AND CLERK TO THE BOARD DY: / 1tk/ (�.(,� 2 f/K/ ,47/.0 -.Deputy County County Clerk • r Hello