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Home My WebLink About20040460 RESOLUTION RE: APPROVE AGREEMENT FOR RELEASE OF SAND, GRAVEL AND AGGREGATE MINING LEASE AND AUTHORIZE CHAIR TO SIGN - POUDRE LEARNING CENTER 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,the Board has been presented with an Agreement for Release of Sand,Gravel and Aggregate Mining Lease(83rd Avenue Pit)between the County of Weld,State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Department of Public Works,and the Poudre Learning Center, 1812 56th Avenue,Greeley,Colorado 80634,with terms and conditions being as stated in said agreement, and WHEREAS,after review,the Board deems it advisable to approve said agreement,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Release of Sand, Gravel and Aggregate Mining Lease (83rd Avenue Pit) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Poudre Learning Center, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 9th day of February, A.D., 2004. BOARD OF COUNTY COMMISSIONERS �L W L COUNTY, COLORADO ATTEST: ,�J _ A ��41( =`obert D. Masden, Chair Weld County Clerk to the t .(� �i�'l* ? 4,,1 illiam H. Jerke, Pro-Tem BY: Deputy Clerk to the Board �' EXCUSED M.iklGeile qRO ' � mss.,- ARM• �/I David E. Long i ounty Attorne; EXCUSED 0220 Glenn Vaad Date of signature: 2004-0460 PL0043 00 ; I"L /0�J APL, �l�n+� oA,/0 1111111 11111 11111 I I I 111111111111 I III 111111111 I I I I 3157182 02/26/2004 01:35P Weld County, CO kiJRPQRIED COPY 1 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder AGREEMENT FOR RELEASE OF SAND, GRAVEL AND AGGREGATE MINING LEASE (83rd Avenue Pit) This Agreement is made this 9th day of February, 2004, by and between Poudre Learning Center, 1812 56th Avenue, Greeley, Colorado, a Colorado Non Profit Corporation ("Learning Center") and Weld County, Colorado, by and through the Board of County Commissioners of Weld County, located at 915 10th Street, Greeley, Colorado, ("Weld County"). BACKGROUND OF AGREEMENT. The following background statements are made to aid in the understanding and interpretation of this Agreement. A. Learning Center is the present fee title owner of the property described as follows: All that part of the Northeast Quarter of the Southeast Quarter and all that part of the Southeast Quarter of the Northeast Quarter of Section 31, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying South of the Cache La Poudre River, being 65 acres more or less (the "Leased Property"). B. Prior to the ownership of the Leased Property by Learning Center, the Leased Property was leased to Weld County under a Lease Agreement for Sand, Gravel and Aggregate dated April 16, 1990, and recorded on June 6, 1990, under reception number 2216105 of the Weld County Clerk and Recorder's records ("83rd Avenue Lease Agreement"). C. The 83`a Avenue Lease Agreement permitted Weld County to mine sand, gravel and aggregate on the Leased Property for 30 years. D. Learning Center has taken title to the Leased Property"subject to"to 83rd Avenue Lease Agreement. D. Learning Center desires to start construction of a building that will be used as an environmental learning center and other purposes on the portion of the Leased Property described on Exhibit A(the"ls`Release Property") and Weld County desires to facilitate the project by entering into this Agreement. E. Weld County has finished mining the Leased Property, but needs to retain possession of the portion of the Leased Property that is not included in the 1st Release Property to complete its reclamation requirements. F. Weld County has previously amended its mining plan and Use by Special Review Permit on the Property to exclude the 1st Release Property. 111111111111 IIIII 111111 IIII IIII 11111111 III 11111 IIII IIII 3157182 02/26/2004 01:35P Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder LEARNING CENTER: WELD COUNTY:By: p /, By: Its' y� / !/ Robert D. Masden, Chairman, Board of t �1liilrytuat 0 L� County Commissioner of We d Co i24��1 P t 1---eari° Ci -ACKNOWLEDGEMENT ATTEST:Deka vzior /2"*Av' WELD COUNTY CLER EO r�_`��. • 4 STATE OF COLORADO ) y rim I "•:'a . COUNTY OF WELD) Q_?UTY CLE- TO�j?: The foregoing instrument was acknowledged�before me this day of N Uj� , 2004, bygb7�ALUara, as duz.21. of Poudre Learning Center. Witness my hand and official seal. My commission expires: O... U,(/ 4 ESTHER E.} Notary Public GESICK ACKNOWLEDGEMENT 9 •• ... ''�,•,p OF COQ•®`` STATE OF COLORADO ) My commissiaa Espima Srybmbrr II,Zo05 COUNTY OF WELD) SPRY PV@ The foregoing instrument was acknowletore me tli r'i'day of 2004, by as 1 of Weld, County. SHARON KAHL Witness my hand and official sea 0 04; My commission expires: OpOOL.,, My Ccnc;issioa Expires May 15,2006 Notary ublic CVDOCDME-1AbbarkcrALOCALS-IA Temp\RELEAS-LDOC 3 1111111111111111111111111111111111111111111111111111111 3157182 02/26/2004 01:35P Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder G. Weld County is willing to release all of the Leased Property as soon as its reclamation requirements are completed and accepted by the State of Colorado, Division of Minerals and Geology, and has agreed to not mine the property further. H. Learning Center and Weld County desire to enter into this Agreement for the purpose of having the Weld County immediately release the Pt Release Property and committing to release the remainder of the Leased Property as soon as the reclamation requirements are completed. NOW THEREFORE in consideration of the mutual promises and covenants contained herein, Weld County agrees as follows: 1. Weld County hereby releases all of its right title and interest in the 1" Release Property from the 83rd Avenue Lease Agreement effective as of the date of this Agreement. 2. Weld County agrees that it has completed its mining operation on the Leased Property and will conduct no further mining activity that is not necessary to the reclamation of the Leased Property. 3. Promptly upon completion of the reclamation on the portion of the Leased Property that is that is not included in the 1" Release Property, and such reclamation being accepted by the State of Colorado, Division of Minerals and Geology, Weld County agrees to release the remainder of the Leased Property from the 83rd Avenue Lease Agreement and terminate the said Lease. 4. No adjustment is made in the rent or any other provision of the 83rd Avenue Lease Agreement. 5. Miscellaneous. a. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. b. Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties hereto with regard to the subject matter hereof in lieu of any prior agreement, discussion or understanding and may not be amended except in writing and executed by the party against which it is sought to be enforced. c. Inurement. The terms and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, personal representatives, successors and assigns. C:\W INNTTenp\Relcase of Leasc l2-28.03.doc 2 11101 11111 1111101111 IIII IIII 11111111 III IIIII IIII IIII 3157182 02/26/2004 01:35P Weld County, CO 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A LEGAL DESCRIPTION A tract of land being the northeast quarter of the southeast quarter and all that part of the southeast quarter of the northeast quarter of Section 31, which lies South of the Cache-la-Poudre River, all in Township 6 North, Range 66 West of the 6'Principal Meridian, County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the northeast corner of said Section 31 and considering the East line of said Section 31 to bear South 01° 20' 22" West, with all other bearings contained herein being relative thereto; Thence South 01° 20' 22" West, 3475.55 feet to the True Point of Beginning; Thence South 01° 20' 22" West, 500.00 feet to the southeast corner of said northeast quarter of the southeast quarter; Thence South 88° 33' 23" West, 1421.84 feet to the southwest corner of said northeast quarter of the southeast quarter; Thence North 02° 28' 54" East, 500.00 feet; Thence North 88° 33' 23" East, 1421.84 feet to the True Point of Beginning; Said tract of land contains 16.32 acres, more or less. M\Wp61ea\DEEDS\Trailleam.wpd STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY POPFPNP Department al of Resources egijedif � 1313 Sherman St., Room 215 f n Denver,Colorado 80203 /�.C•� Phone:(3031866-3567 FAX:13031832-8106 DEPARTMENT OF • NATURAL RESOURCES Roy Romer Governor October 3, 1997 lames S.Lochhead ' Executive Director Michael B.Long Division Director Greg Nelson Weld County P.O. Box 758 . Greeley, CO 80632 RE: 83rd Ave Development, Acreage Reduction Approval, Permit No. M-90-119, Revision No. AR-1 • Dear Mr. Nelson: • On September 18, 1997, the Colorado Division of Minerals and Geology approved your request for release of a portion of the permit area from further reclamation responsibility. The permit area was reduced to 49.4 acres, through the release of 16 acres in this permit action. Because the permit is not totally released, you are still liable for filing annual reports and fees. If you have any questions, please contact me. • Sincerely, • Gregg R. quire i Environmental Protection Specialist • • MAWS 19.GRS PUBLIC WORKS DEPARTMENT P.O. BOX 758 ' GREELEY, COLORADO 80632 PHONE: (970) 356-4000 EXT. 3750 Wil eFAX: (970) 352-2868 COLORADO March 26, 1996 Carl Mount Senior Environmental Protection State of Colorado Department of Natural Resources Division of Minerals and Geology 1313 Sherman St., Rm. 213 Denver, CO 80203-2273 RE: Request for a parcel release of 16 acres, Permit No. M-90-119, 83rd Avenue Development Dear Mr. Mount: Weld County is requesting a parcel release on the 83rd Avenue Development permit. This parcel has been permitted,but never mined. The property is currently owned by Hall-Irwin,but the County is responsible for the mining operation. Weld County is currently involved with many municipalities and the Poudre Trail Corporate Group in developing and building a trail between the cities of Ft. Collins and Greeley. The trail section would be parallel to WCR 62.25 in the corridor adjacent to the 83rd Avenue Pit and the Poudre River. Funding has been acquired to build the Poudre Learning Center. The Center consists of a main structure with pathways to amphitheaters and the learning areas, which are geared toward learning about the environment. This facility could be utilized by the public, many school children and environmental groups. The area would be separated by a fence splitting the mining operation. Weld County still plans to mine and reclaim the remaining portion of the permit. Once mining and reclamation is completed, this would enhance the area adjacent to the learning center. The area Carl Mount March 26, 1996 Page 2 where we ask for the release on would be south of the overburdened pile bordered on the south by WCR 62.25, on the east by WCR 27, and on the west by the property line. This area is approximately 500 ft. x 1,421 ft. The vegetation consists of alfalfa or pasture ground. Please see attached schematic drawings and Sheet 2 of 2 of the mining application. Sincerely, Donald Carroll Project Coordinator DC/fc:leam cc: Commissioner Hall Barbara Chiappone, Division Mining& Geology Brett Hall, Hall-Irwin Construction 83rd Avenue Gravel Pit file Fred Otis WCRs 62.25 & 27 Hello