HomeMy WebLinkAbout841130.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN PAT LYNESS 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 , Pay Lyness owns certain property, located within
Section 31 , Township 8 North, Range 61 West of the 6th P.M. , Weld
County, Colorado , 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 Pat Lyness and Weld County has been pre-
sented 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 advis-
able 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 Pat Lyness 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 17th day of
September, A.D. , 1984 .
�./y� rJ .j BOARD OF COUNTY COMMISSIONERS
ATTEST: 7+ � ttWI� ttru` LD COUNTY, COLORADO
�
Weld County lerk and Recorder LA-ar---
and Clerk to the Board Norman Carlso , Chairman
Qv: 0-2A-77t-c-e> o VVYNIvt�
C D putt' County 'lerk ue (�'�/jne Jo on Pro-Tem
APPROV12
AS TO FORM: fa
CC
Gene R. Brantner
C� - o „ EXCUSED
County Attorney Chuck Carlson
EXCUSED DATE OF SIGNING - AYE
John T. Martin
R&B:Easements
841130
Engineering Departrrent
AGREEMENT FJR USE O: SOIL ,1Q1')/OT. :':.AVh'L FOR ROAD PURPOSES
THIS AGREEMENT, nude this 15th day of Auqust , 19 84 ►
by and between Pat Lyness Rattle Snake Ranch, Bri ggsdal e, CO 80611
hereinafter referred to as Owner, of Lyness Pit, 9.9 acres within
(Address)
Section 312 Township 8 North, Range 61 West , and the WELD COUNTY DEPART-
MENT OF ENGINEERING, for the benefit and on behalf of the Board of
County Commissioners , Weld County . Colorado, hereinafter referred
to as Weld County .
WHEREAS , Weld County _s 1. , nec,:A of soil and/or gravel for the
construction of county roads , and
WHEREAS, Owner owns certain land on which there is soil and/or
gravel suitable for use in construction ci county roads .
NOW, THEREFORE, Owner and Weld County agree that Weld County
may use its equipment to removes the soil and/or gravel from Owner' s
land.
Owner and Weld County also agree to the following provisions :
(if none, write none)
The County will obtain any necessary permit from State Mined Land Reclamation
Board, as well as any appropriate Special Use Permit granted by the 'Weld
County Planning Commission. The County will be responsible for keeping
cattle in fence by installing temporary cattle guards and/or gates during
mining operations . The County trucks and equipment will use existing
haul road "and maintain it' for access to location.
i Y , '
ner
•
ATTEST 4-eu n / WEL COUNTY
WELD COUNT CLERK AND RECORDER By :
AND CLERK TO THE ARD
Deput County Clerk
'pc'! .i o
1. Term of Agreement. The toy.m this agreement shall be
from the date of execution to and until five years
later.
2. Property Description. The Owner hereby agrees to grant
to the County the right to enter the following described
property situa :d in Weld Comn ty, Colora:io:
Lyness Pit = 9.0 AC within Section 31, Township B North, Range 61
West - Weld County. Road 83 and WeldCounty-_ Road 100.
3. Royalty on Sand Grate_l. -ounty agrees to pay the
Owner a royalty of No Charge
for all material remcv oauri*a the term of this lease .
Such royalty is to be paid cn a 7mnthly 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
ad will , at all reasonable times , make said records availa-
ble to Owner. for their inspection.
6. Notices. Any notice of t :rIranation or other demand by the •
Owner or the County shall be in writing and forwarded by
certified mail the following a>:ddre. :
•
• Owner: Pat Lyness
Rattle Snake Ranch
Briggs dale, CO 80611
County:Weld County En i nearing Department
933 North 11th Avenue
2. 0. Pox 758
Greeley, CO 80632-0758
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