HomeMy WebLinkAbout830737.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN RICHARD E. HAMM, KATHARINE
FENTON, AND CAROLYN TUCHER DBA JCK FARM AND WELD COUNTY,
COLORADO FOR USE OF GRAVEL FOR ROAD PURPOSES AND AUTHORIZATION
FOR THE 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 gravel for the construction
of County roads, and
WHEREAS, Richard E. Hamm, Katharine Fenton, and Carolyn
Tucher DBA JCK Farm owns certain land located in the southwest
quarter of Section 4 , Township 2 North, Range 68 West of the
6th Principal Meridian, Weld County, Colorado along the St. Vrain
River, on which there is gravel suitable for use in construction
of County roads, and
WHEREAS, a gravel pit agreement for the extraction of gravel
for road purposes between Richard E. Hamm, Katharine Fenton,
and Carolyn Tucher DBA JCK Farm 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 gravel pit agreement
for use of gravel for road purposes between Richard E. Hamm,
Katharine Fenton, and Carolyn Tucher DBA JCK Farm 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 gravel pit agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 21st day of
March, A.D. , 1983.
830 737
R&B: Gravel agreement Easement
PLi all
Page 2 - Gravel Pit Agreement Hamm, Fenton, Tucher DBA JCK Farm
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chu Carlson, Chairman
cV �))/
J n T. Martin, Pro-Tem
Excused
Gene R. Brantner
Norman Carlson
Excused date signed
Jacqueline Johnson
ATTEST:
Weld County Clerk an. ' -corder
and Clerk to the Board
BY:
�i D-puty County erk
APP ED AS TO F u
-717
County Attorney
DAY FILE : March 23 , 1983
•
CL_ATY OF WELD, STATE OF COLORADO
GRAVEL PIT AGREEMENT
THIS AGREEMENT, made and entered into this / 6— day of ca--c2) , 1983,
by and between the COUNTY OF WELD, State of Colorado, hereinafter called the County,
and
Richard E. Hamm, Katharine Fenton, and Carolyn Tucher doing business as JCK FARM ,
hereinafter called the Owner.
WHEREAS, the Owner possesses land located in the southeast quarter of Section 4,
Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County,
Colorado along the St. Vrain River, and
WHEREAS, there are gravel deposits located on the Owner's property suitable for use
by the County for the maintenance and construction of county roads, and
WHEREAS, the Owner has requested Weld County to excavate a trench approximately
100 fact wide by 500 feet long that would straighten the channel of the St. Vrain
River in exchange for use of the gravel that would be produred by excavation.
FURTHER, the Owner agrees to the following conditions:
except Division of WaterResources well
1. The Owner will acquire applicable Federal, State/ and local permits. permit.
2. There will be no royalty paid to the Owner by the County.
3. The gravel generated by the excavation will be the property of Weld
County for use in maintenance and construction of county roads.
4. The Owner will allow gravel to be stockpiled at the mining location
for removal by Weld County for a period of 1 year from the date of
this agreenent.
5. After reclamation of the site by Weld County, the Owner will be
responsible for re-seeding the area in conformance with the permit
issued by the Mined Land Reclamation Division of the Department of
Natural _Resources of the State of Colorado.
6. The Owner will indemnify and hold harmless the County for any claims
regarding the failure of the County to maintain the future or existing
banks or channel of the St. Vrain River.
FURTHER, the County agrees to the following conditions:
1. The County will reimburse the Owner in the amount of $/; 47;V''°
to compensate him for expenses in acquiring Federal, State, and
local permits and for the cost of re-seeding the area affected by
the mining operation.
2. The County will mine, stockpile, remove material, and reclaim the
affected land in conformance with the Open Cut Mine Special Use
Permit issued by the Weld County DeparU[lnt of Planning and the
Mining Permit issued by the Mined Land Reclamation Division of the
Department of Natural Resources of the State of Colorado.
3. Weld County will maintain all haul roads on the Owner's property
during the mining and removal prorPss.
4. The County will not nee water from the excavated area or from the
St. Vrain River.
FURTHER, both the County and the Owner shall indemnify each other, its officers and
employees against liability for injury or damage caused by an negligent act of
omission of any of its employees or agents in the performance of this agreenent and
shall hold each other harmless from any loss occasioned as a result of the per-
formance of this contract.
IN WITNESS WHEREOF, the parties hereto have executed this agreenent as of the day
and year first above written.
COUNTY OF_ OWNER
By JCK FAj1
irman, Pnar of County /
Conmissioners By �e,ry W r.�n wvr
ATTEST: �r Ri and Hamm
!a ,
Manager
Weld County Clek and Recorder Title
an le to the Boar(d
By J 1239 - 3rd Avenue, Longmont, CO 80501
puty County Clerk
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