HomeMy WebLinkAbout830945.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN JOHN HILLMAN AND WELD COUNTY,
COLORADO FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES
AND AUTHORIZATION FOR CHAIRMAN TO SIGN
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 in need of soil and/or gravel for
the construction of County roads, and
WHEREAS, John Hillman owns certain property, located in the
SWQ of Section 32, T11N, R59W of the 6th P.M. , Weld County, Colo-
rado, on which there is soil and/or gravel suitable for use in
construction of County roads, and
WHEREAS, an agreement for use of soil and/or gravel for road
purposes between John Hillman and Weld County has been presented
to the Board of County Commissioners, a copy of said agreement
being attached hereto and incorporated herein by reference, and
WHEREAS, the Board of County Commissioners deems 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 for use of
soil and/or gravel for road purposes between John Hillman and Weld
County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 2nd day of
March, A.D. , 1983 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: ��� j( " '� j � � WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Chuck Carlson', Chairman
BY:�/ e77L-7JLS- , 9C.C-t°- '+� elf ./ /J/Ll
eputy County Clerk J T. Martin Pro-Tem
/
APPROV AS TO FORM:
Gene R. Brantner
County Attorney Norman Carl n
J cqu ine J h son 830945
L.: //_
DAY FILE: March 7 , 1983
AGREEMENT FOR USE OF so::T, :..vim,/CR C ;v:::. FOR ROAD PURPOSES
THIS AGREEMENT, made this 16th day of December 19.82,
by and between John Hillman, South Route Box 40, Kimball, NE 69145
hereinafter referred to as Owner, of Hillman Pit in the SWa Sec.
(Address)
32, T11N, R59W; Rd. 382 and Rd. 113 , and the WELD COUNTY DEPART-
MENT OF ENGINEERING, for the benefit and on behalf of the Board of
County Commissioners , Weld Co;:cnty, Colorado , hereinafter referred
to as Weld County.
WHEREAS, Weld Cuntv is in of soil and/or gravel for the
construction of county roods , and
WHEREAS, Owner owns certain 1::n6. on which there is soil and/or
gravel suitable for use in construction of county roads.
NOW, THEREFORE, Owner and Weld County agree that Weld County
may use its equipment to remove the soil and/or gravel from Owner' s
land.
Owner and Weld County also actree to the following provisions :
(if none, write none)
Weld County will pay the owner $0 . 30 per Cu. Yd. for material
removed from said owner' s land. Weld County will obtain State
Land Reclamation Permit if necessary and will reclaim disturbed
area as required by the Mined Land Reclamation Board.
In
44
Owner •
WEL kCOUNT
317 : , Lr-` C"`s
i:L mss, - . •J��'�:.::''.5
1. Term of Agreement. The tent: of th..s agreement shall be
from the date of execution to and until ;K. y ars
later. , • kef oral-
2. P:-oper ty Description. The owner hereby agrees to grant
to the County the right to r:_.ter tr'a following described
:Property situated it Weld County, Colorado:
Hillman Pit in the SW 1/4 Sec. 32 , T1'N, R59W, at Weld
County Road 382 and Weld County Road .113
3. Royalty on Sand and Gravel. The County agrees to pay the
Owner a royalty of $0. 30 per Cu. Yd.
for all material removed during the term of this lease .
Such royalty is to be paid on a monthly basis for material
removed.
4 . Access. The Owner agrees to provide land for haul road
and direct access to the work area. The County agrees to
construct and maintain said haul road in good condition
and to obliterate haul road at termination of this agree-
ment.
5. Books and Records. The County agrees to keep accurate
records of all material removed from said described lands
and will, at all reasonable times , make said records availa-
ble to Owner, for their inspection.
6 . Notices . Any notice of termination or other demand by the
Owner or the County shall be in writing and forwarded by
certified mail the following address :
Owner. : John Hillman
South Route Box 40
Kimball, NE 69145
•
Coic ty %'.`' County Encineering Department
WELD
�?; ;Vort'; Avenue
BY. '� -- P. O Box 75'i
Chas - -•ec.?ey, CO 80632--0758
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