HomeMy WebLinkAbout840584.tiff RESOLUTION
RE: APPROVE EROSION PROTECTION IMPROVEMENTS AGREEMENT WITH
IRVING PAYNE AND AUTHORIZE 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, Irving Payne has experienced land erosion problems
along the north side of the Cache La Poudre River in SE≤, Section
26 , Township 6 North, Range 66 West of the 6th P.M. , Weld County,
Colorado, and
WHEREAS , Irving Payne has requested that Weld County participate
in mitigating the future erosion potential, and
WHEREAS , after study and review, the Board deems it in the
best interests of the citizens of Weld County to approve said
Erosion Protection Improvements Agreement, a copy of which is
attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the aforementioned
Erosion Protection Improvements Agreement between Weld County
and Irving Payne 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 30th day of
May, A.D. , 1984.
�jy� BOARD OF COUNTY COMMISSIONERS
ATTEST:�� (a.7 � Q4 q jr,J WELD COUNTY, COLORADO
Weld County Clerk and Recorder \ I
and Clerk to the Board Norman Carlson, Chairman
By: 5-04-1,24,4 p—i l le �c �'/ EXCUSED DATE OF SIGNING - AYF
D putt' County C rk Jac ueline Johnson, Pro-Tem
APPROVE ' AS TO FORM:
ene Br ntner
County Attor ey Chuck Carlson
J n T. Martin
�" G OO/(0 040:304
COUNTY OF WELD, STATE OF COLORADO
EROSION PROTECTION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 30th day of May, 1984, by
and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called
"County" and MR. IRVING PAYNE, hereinafter called "Owner" .
WHEREAS, the Owner has experien gg // and erosion problems along the north
side of the Cache La Poudre River injS'd-tfion 26, Township 6 North, Range 66
West of the Sixth Principal Meridian, and
WHEREAS, the Owner has requested that the County participate in mitigating
the future erosion potential .
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter set forth, the County and the Owner mutually agree as follows :
1 . The County will supply approximately 1200 tons of rip-rap material
for the purpose of lining 1000 lineal feet of river bank as a
deterent to future erosion.
2. The County will place the rip-rap material along the river bank.
3. The County will have right of entry on, over and across the
Owner's property for the purpose of placing the rip-rap. The
County will repair any fences damaged as a direct result of
this work to the original condition.
3. This agreement does not create any warranties by the County, express
or implied, that the placement of the rip-rap material will prevent
future damage to the river bank or owner's property.
4. The Owner accepts this work as full satisfaction of any past
verbal or written agreements with the County concerning the Cache
La Poudre River and agrees that no further channel maintenance
will be supplied by the County.
5. The Owner agrees to indemnify and hold harmless , the County for
any and all causes of action arising from this work excepting
those arising from the gross negligence of the County or its
employees .
IN WITNESS WHEREOF, the parties hereto have duly executed the agreement,
the date and year first above written.
MR. IRVING PAYNE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY:
Norman Carlson, Chairman
Subscribed an sworn to before me ATTESTQ�-- 'TtWfMl
this p/3— day of `j-xe . , A.D. 1984. ^�,fi
Weld County erk and Recorder
and Clerk to the Board 1
Notary BY: 10771---1)2439 > fe,
Address : Ea. ,doh. viz5 Deputy
S0L3
Commission expires : 92,4,_ la, /`i87
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