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RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN JOHN A. EHMKE 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 A. Ehmke owns certain land located in the SE4
of Section 12, T10N, R60W of the 6th P.M. , Weld County, Colorado,
on which there is soil and/or gravel suitable for use in construc-
tion of County roads, and
WHEREAS, an agreement for use of soil and/or gravel for road
purposes between John A. Ehmke 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 A. Ehmke 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: litddininieWAatirtiWELD COUNTY, TORADO
Weld Ctslnty Clerk and Recorder
and Clerk to the Boar uck Carls n, C airman
By: 07)cll c_e_, (c.(94:41-7u0_,
t ., XI 9/ ,. "2/ //7// v 4
D puty County Clerk J . Martin, Prb Tem
APPROV AS TO FORM:
e e R. rantner
------ AC,7-r, y
County Attorney Norman Carls•n
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r�,r,-fr_,_- J:cqu-dine J.h son
: , 830517
DAY FILE: March 7 , 1983
,/ - - _98 1:ing.nc`ring Departr. nt
AGREEMENT FOR USE OF SOIL .?'..ND/t R GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made this 7th day of February , 193,
by and between John A. Ehmke. Grover. Colorado 80729
hereinafter referred to as Cwner, of Ehmke Eit, 10 AC within SF4
(Address)
Sec. 12 , T10N. R6QW: Rod, 107 and 384, 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 is in need of soil and/or gravel for the
construction of county roads , and
WHEREAS, Owner owns certain lane: 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 31so agree to the following provisions :
(if none, write none)
Weld County will obtain any necessary permits from the State
Mined Land Reclamation Board, as well as any appropriate
Special Use Permit granted by the Weld County Planning
Commission.
County trucks and equipment will use the haul road for access
to location.
OA/3 a-
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Ownert ��2�
arirt
WELD NTY 2
By �r .C�i►�
ADDITIONAL PROVISIONS
1. Term of Agreement. The term of this agreement shall be
from the date of execution to and until S ya S x years gAic
Y V
later.
2. Property Description. The Owner hereby agrees to grant
to the County the right to enter the following described
property situated in Weld County, Colorado:
Rhmke Pit . 10 AC within S R 4, cec 12 , T1nN, P60W at
Weld County Road 107 and Weld County Road 384
3. Royalty on Sand and Gravel. The County agrees to pay the
y^
Owner a royalty of , j$ CeA,lj.5 p{� .4tee ✓
)L A .
I ,
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 A. Ehmke
Grover,
Colorado 80729
County:Weld County Engineering Department
933 North 11th Avenue
P. O. Bbx 758
Greeley, CO 80632-0758
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