HomeMy WebLinkAbout810650.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN NIKOLAUS AND FLORENCE
ARNUSCH 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, and
WHEREAS, Weld County is in need of gravel for the
construction of county roads, and
WHEREAS, Nikolaus and Florence Arnusch own certain land
on which there is gravel suitable for use in construction of
county roads, and
WHEREAS, an agreement for use of gravel for road purposes
between Weld County and Nikolaus and Florence Arnusch has been
presented to the Board of County Commissioners, 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
Commissioners of Weld County, Colorado that the agreement for
use of gravel for road purposes between Weld County and
Nikolaus and Florence Arnusch 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 24th
day of. August, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY,
OO
ATTEST: i! �. (Aye)
l�.v�ati C c Carrsot Chas man
Weld County lerk and Recorder ABSENT
and Clerk to the Boa Norma . C rlson, Pro-Tem
(A e)
BY: -�y C rby
� Deputy Coun lerk (/ A e)
T. ar
P D AS TO FORM: (A e)
4?k (r; 'fc---..'NC tie K. teinmark
�✓ v
ounty Attorney
DATE PRESENTED: AUGUST 26, 1981
GRAVEL PURCHASE AGREEMENT
THIS AGREEMENT, made and entered into this 74th day of
August , 1981 , by and between the COUNTY OF WELD, STATE OF COLORADO ,
hereinafter called "County" , and NIKOLAUS AND FLORENCE I . ARNUSCH,
hereinafter called "Owner" .
For and in consideration of the mutual convenants and
conditions hereinafter set forth, the parties mutually agree as follows:
1 . Term of Agreement . The term of the agreement shall be
from the date of execution to and until five years later.
2 . Rights Granted — Property Description. The Owner
hereby agrees to grant to the County the right to excavate ,
stockpile , and remove sand and gravel from and on the
following described property situated in Weld County,
Colorado:
The southeast quarter of Section 23 , Township 1
North, Range 63 West , of the 6th P.M. , Weld County,
Colorado , along Sand Creek, an area comprising of
10 acres more or less.
The Owner reserves the right to utilize all of the
premises not affected or needed by the County' s
operation. The County shall have the right to excava-
tions, openings , stockpiles , reject material dumps , and
conduct all necessary activities for the excavation of
gravel , and to place such machinery thereon as the County
may deem necessary for the excavation axth preparation of
gravel on said lands. Reject material shall be placed
at the direction of the Owner.
3 . Royalty on Sand and Gravel. The County agrees to pay
the Owner a royalty of thirty-five cents ( 350 ) per ton
for all sand and gravel removed during the term of this
lease . Such royalty is to be paid upon completion of
the removal of gravel monthly. The County shall not pay
any royalty for material which is not removed from the
property.
4 . Gravel Permits. The parties hereto agree that the County
will obtain any necessary permit from the State Mined
Land Reclamation Board for the mining of said land.
The County agrees to comply with the requirements
of the State Mined Land Reclamation Board for the site ,
as well as any appropriate Special Use Permit granted by
the Weld County Planning Commission. The County will
apply jointly with Owner for applicable permits.
5 . Access. The Owner agrees to provide land for haul road
and direct access to the mining 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 . Weld County will control dust on Weld County Road
6 between Weld County Road 71 and State Highway 79 during
hauling operations.
6. Non-exclusive Agreement . Nothwithstanding any inference
in this agreement to the contrary, the Owner shall have the
right to lease the subject property to other users provided
such use does not interfere with the use contemplated by
this agreement .
7 . Right to Use Gravel . The Owner may at his discretion take
for his own use any material from the pit on the premises.
The County agrees to spread gravel on driveway of
Owner' s farm as necessary to maintain surface .
8 . Renewal of Agreement . The parties to this agreement
mutually agree that this agreement may be renewed for
additional periods , subject to re-negotiations of price
and/or other terms .
9 . Books and Records. The County agrees to keep accurate
records of all sand and gravel removed from said described
lands and will, at all reasonable times , make said records
available to Owner for his inspection.
10 . Taxes. The County agrees to pay all taxes lawfully
assessed against all machinery, tools , equipment , supplies ,
improvements and all other property placed by the County on
the abovedescribed lands. The Owner shall pay all taxes
lawfully assessed against the real property and the
machinery, tools, equipment , supplies , improvements and
all other property now on or placed by Owner on the above-
described lands . Any and all serverance tax on the sand
and gravel shall be paid by the County.
11 . Agreement to Idemnify. The County agrees to indemnify and
keep the Owner harmless from all claims and demands of
whatsoever kind and character resulting from any act ,
operation, Dm negligence of the County on the subject
property or in connection with this agreement .
12 . Excavation. The County agrees to excavate from one of
the pits in such a manner as to leave the Owner a waste
water holding pond of approximately two (2 ) acre feet
capacity.
13 . Notices. Any notice of default or of termination of this
agreement and all notices and demands in writing required
or that may be given hereunder, if to Owner, shall be
forwarded by certified mail addressed to : NIKOLAUS AND
FLORENCE I . ARNUSCH , 34527 Weld County Road 6 , Keensburg,
Colorado 80643 ; and if for the County, shall be forwarded
by certifed mail addressed to: BOARD OF COUNTY
COMMISSIONERS , COUNTY OF WELD , 915 10th Street , P.O. Box
758 , Greeley, Colorado 80632-0758 .
2
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IN WITNESS WHEREOF, the parties hereto have duly executed
this agreement the day and year firstabove written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: n _ _ }' WELD COUNTY, COLORADO
Weld County Clerk and Recorder By:
and Clerk to the Board C ck Carlson, airman
By• ZelSr
D puty County Clerk
NIKOLAUS ARNUSCH, OWNER
By: a G/}'1Z1I
Nikolaus Arnusch, wner
FLORENCE I . ARNUSCH , OWNER
B :
rence rnusch, wner
3
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lag DEPARTMENT OF ENGINEERING
f %er,
••• PHONE(303)3564000 750
BOX P.O. BOX 758
GREELEY,COLORADO 80632
COLORADO
August 27, 1981
Nikolaus Arnusch
Florence I. Arnusch
34527 Weld County Road 6
Keensburg, Colorado 80643
Dear Mr. and Mrs. Arnusch:
By resolution of August 24, 1981, the Board of Commissioners approved the contract
with you to purchase gravel front your property south of Prospect Valley. A copy
of the resolution and the contract are enclosed for your records.
We expect to begin hauling out of the area closest to Weld County Road 8 in the
next few weeks to cutlete the gravelling in the southeast part of the County
for this year. Your contact with our department if you have any problems or
questions is Mr. George Margheim, 356-4000, ext. 777 or you may contact me at
our office.
Thank you very much for your cooperation in this matter.
Sincerel ,
e S. Smyth
Director of Engineering
WSS:sd
CC: Dave Becker
George Margheim
clerk to the Rnard
Arnusrh Gravel Pit File
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