HomeMy WebLinkAbout810649.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN THE STATE BOARD OF LAND COMMIS-
SIONERS AND WELD COUNTY, COLORADO CONCERNING A PERMIT FOR THE
REMOVAL OF ROAD OR CONSTRUCTION MATERIAL FROM STATE LAND.
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, Colorado has filed an application for
the removal of sand and gravel from State land, and
WHEREAS, an agreement between the State Board of Land Commis-
sioners and Weld County, Colorado, Department of Engineering Ser-
vices, for the removal of sand and gravel from State land has been
presented to the Board of County Commissioners for approval, and
WHEREAS, the term of said agreement is from February 2 , 1981
to and until February 2, 1986 , and
WHEREAS, the Board of County Commissioners, after studying
said agreement, deems it advisable to approve the same.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis-
sioners of Weld County, Colorado that the agreement for the
removal of sand and gravel from State land between the State Board
of Land Commissioners and Weld County, Colorado, Department of
Engineering Services, be, and hereby is, approved.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 16th day of
March, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
ATTEST: Ri f`4° 1=^ ° `u" -k-i WELD COUNTY, COLORADO
Weld County Clerk and Recorder ( %/ s_ (Aye)
and Clerk to the Board , hu Carlso ,/JCharman
441, -, (Aye)
Deputy Counfy Clerk
Norman Carlson, Pro-Tem
APpRK. E AS TO FO • (ABSENT)
CC. W. Kirby _.
C
10
ounty Attorney Vin-- `� >>>71/2 (Aye)
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810649
/ I # DATE PRESENTED: MARCH 18 , 1981
SLB SETTLEMENT OPTION
(6/80)
(Check one)
Paragraph 5-A
Paragraph 5-B
STATE OF COLORADO
State Board of Land Commissioners
Department of Natural Resources
Denver, Colorado 80203
PERMIT FOR REMOVAL OF ROAD OR CONSTRUCTION MATERIAL FROM STATE LAND
Permit No. 228-S
THIS AGREEMENT, Made this 2nd day of February , 19 81 , by and between the
STATE OF COLORADO, acting through its State Board of Land Commissioners (hereinafter
referred to as "Owner") , and Weld County Department of Engineering
P.O. Box 758, Greeley, Colorado 80632
(hereinafter referred to as "Purchaser") :
WITNESSETH
That the Owner, for and in consideration of the sum of Fifty and No/100 -
Dollars ($50.00 ) , and the covenants and agreements hereinafter mentioned, to be
kept and performed by the Purchaser, hereby grants to the Purchaser the right from
the date of this Agreement and until the 2nd day of February , 19 86 , to
purchase and remove sand and gravel from the following described
premises situated in Weld County, Colorado:
SUBDIVISION SECTION TOWNSHIP RANGE
10 acres In the SW/4SW/4 36 9 North 61 West
Permittee shall enter the described premises from the South and permittee shall fence
the permitted 10-acre tract and access thereto so as to allow the grazing lessee
access to and use of the maximum amount of grasslands outside the 10 acres herein
permitted for sand and gravel mining.
It is mutually agreed as follows:
1) At the expiration of the aforesaid limited time, this Permit will become null
and void, unless extended by the mutual agreement of both Owner and Purchaser.
If extended, the new expiration date is to be entered on the back of this Permit.
2) Purchaser will have the right to enter the subject premises and erect any
temporary structures and employ any reasonable methods for removal of the
material.
3) Material to be removed at the rate set out below:
sand and gravel at a price of $ 0.30 per ton
or
sand and gravel at a price of $ 0.405 per cubic yard
4) The Owner reserves the right to lease or sell the land, to issue other permits
upon it, and to grant rights-of-way upon all or any part of said penises at any
time for any purpose, and Owner may cancel this Permit at any time for any reason
by giving Purchaser 30 days' written notice.
5) Settlement Option -- Purchaser agrees to report production on forms furnished by
Owner, accompanying such forms with full payment for all material removed.
Settlement is to be made by one of the following methods which is to be binding
during the entire term of this Permit:
A. Quarterly Settlement
The quantity of material removed from the aforementioned premises is to be
reported by calendar quarter. A report, accompanied by remittance, is to
be furnished to the State Board of Land Commissioners within one month after
the end of each settlement period (by January 31, April 30, July 31, and
October 31) ; or
-1-
B. Settlement in Full
Settlement in full must be received by the Owner within one month after
completion of operations, or within one month after termination of this
permit, whichever is earlier.
6) Purchaser is liable and agrees to pay for all damages to the surface of the
land, livestock, growing crops, or improvements, caused by Purchaser's operations
on said lands. The Owner may require the Purchaser to furnish a good and
sufficient bond, in an amount to be fixed by the Owner, to secure payment for
such damages.
7) Purchaser agrees to slope the sides of all surface pits or excavations to a
ratio of not more than one foot (1') vertical for each two feet (2') of horizontal
distance. Such sloping is to become a normal part of the operation. Whenever
practicable, all pits or excavations are to be shaped to drain, and in no case
may the pits or excavations be allowed to become a hazard to persons or livestock.
All material mined and not removed from the premises is to be used to fill the
pits and leveled, so that at the expiration, surrender, or termination of this
Permit the land will, as nearly as practicable, approximate its original
configuration, with a minimum of permanent damage to the surface.
8) Reclamation -- Rules and regulations as set forth by the Mined Land Reclamation
Board of Colorado for recovery and restoration of mined land will apply where
applicable to the lands mined herewith. Variations may be granted only with
approval of Owner.
9) Archaeology -- It is contrary to State and Federal law to excavate, appropriate
or disturb any historical, prehistorical or archaeological site or resource on
any public lands or lands administered by the State Board of Land Commissioners.
Discovery of a suspected site or resource shall be immediately brought to the
attention of Owner and the State Archaeologist or Purchaser shall provide
evidence that no significant archaeological sites exist on the mined premises
which could be destroyed by Purchaser's operations.
10) It is agreed that at all times during the continuance of this Agreement the
Owner, or its duly authorized agent, may enter on these premises to examine and
inspect the same, and may survey the workings to determine the amount of material
removed and to determine that all provisions of this Agreement are being observed.
IN WITNESS WHEREOF, The Owner and the Purchaser have executed this Agreement on this
day and year first above written.
Owner
S BOARD OF OMMISSIONERS
Recommended
en
Minerals D2tor
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luirman the Boo d
Record of extensions of term for this Permit
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SLB #54
(10/80)
STATE OF COLORADO
STATE BOARD OF LAND COMMISSIONERS
Department of Natural Resources
620 Centennial Building
1313 Sherman Street
Denver, Colorado 80203
PHONE: 839-3454
Date: February 26, 1981
TO: Weld County Department of Engineering
P.O. Box 758
Greeley, Colorado 80632
Attention: Wayne S. Smyth, Director of Engineering
RE: Colorado Sand and Gravel Permit No. 228-S
WE TRANSMIT THE FOLLOWING:
Perm
1) Lea) , in duplicate, for your signature and return for execution by X
the Board. The original(s) will then be. furnished you for your files
2) Original completed lease(s) for your files
3) Original lease(s) and approved assignment(s) for your files
4) Extension for secondary term expiring
5) Receipt No.
a. Rent, to date of
b. Filing fee
c. Bonus
d. Assignment recording fee
e. Other
6) Remarks: Enclosed is a copy of a response to the Board's questionnaire
for your information, and a form furnished by the State Archaeologist.
STATE BOARD OF LAND COMMISSIONERS
717.4
Mineral Section
E "
' G'" ORADO STATE BOARD OF LAND COMLM' SIONERS
Nat e—TRO (�(.5 E cult— Mineral SAND & GRAVEL
(Please print)
Title �
Mineral Application No. 89 (Permit)
Agency (021 1 I' ,IL( ?ti1tiglgtk_ Weld County Department of Engineering, Appl.
Address9 I S O & C-)`L tkcif— 10 acres in SW/ 4SW/4 Sec. 36-9N-61W
Weld County
Date�. �� � � ��' ( ( 1(q
Board Meeting Date February 2, 1981
r- of . 1S
v . v
OUE S TI O:.^.CAI RE
'
Would you please review the attached. list of tracts on which rgquests, baize —
been made for a mineral lease on state lands, And respond to the following questions:
1. Are there any reasons why these tracts should not be offered by the Land Board
7
for lease?
Yes No
If yes, please state the reasons (use additional sheets of paper if necessary) .
' 2. Would eventual mineral development conflict with present zonin, ?
Yes No
If yes, would a variance be possible?
3. Would the development of a mineral under a lease on these tracts have
significant positive or adverse effects on immediate or long range plans
for the area with which you are familiar?
Yes No X
If yes, identify plan and effect (use additional sheets of paper if necessary) .
4. Do you have any other comments?
`Cu o r kCeAn+ Ik( \(. ult afro /I Ct,S
L-D'4(1(ES (1Q_ N Aita (4- ' Ds- -Ev S-
Seh e-Wvy\ l '�-, � Lv L Lid (4/i,1 5
OFFICE OF TF.E STATE ARaiAEr SIST ..- OSAC Site i'o.
1300 Broadway (staff use only)
Denver, GO 80203 For use by private citizens and
(303) 339-3391 Y'r-u industry. Not for use by professional
and CAS archaeologists.
ARCHAEOLOGICAL SITE INVENTORY SHORT FORM
1. What found (check 1 or more) : arrowheads ; other chipped stone ('knives, chips, etc.) ;
pottery ; firepit ; house structure ; "old" bone ; grinding stones
other cescribe) — —
•
2. Site tvoe (check 1 or more) : cave/over , rabble mound ; buried ; rock art ;
surface scatter of artifacts gression ; roc�.c alignment circle
pueblo ; Historic sites (describe)
o'her describe) •
3. Location/access:
4. County: 5. Land Owner (check 1) : Bur of Land Mmet ; Forest Service ;
6. Legal desc-i�tion: Township Nat'l Park Svc ; Fish & Wildlife
Range
State ; Tribal_; Pri-vate(owner)
Range
Section (address)
7. Sketch map, description,
and other remarks:
Don,t kra
Other
•
PLEASE do not remove any artifacts from the site.
•
If an emergency exists for the site, call cur office
collect at 839-3391.
Recorded by:
Na Title
Company Phone
Address (zip)
Date / /
Form No. cra
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