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Home My WebLink About20040015.tiff RESOLUTION RE: APPROVE CROSSING AGREEMENT TO TRANSFER MATERIAL AND AUTHORIZE CHAIR TO SIGN - LUPTON MEADOWS IRRIGATION COMPANY 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 a Crossing Agreement to transfer material 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 Lupton Meadows Irrigation Company,commencing upon full execution,and ending May 1,2005,with further 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 Crossing Agreement to transfer material 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 Lupton Meadows Irrigation Company 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 5th day of January, A.D., 2004. BOARD OF COUNTY COMMISSIONERS LD O NT CO ORADO ATTEST: ILI i� ,.� ® \� Robert D. Masden, Chair Weld County Clerk to t , �p �v" c u"T , William Jer e, Pro-Tem BY: /[ y .I,' 2)f" . . ., Deputy Clerk to the Boa':��: M.w. eile IE D AS eDavid E. Long y Attorney Glenn Vaad Date of signature: �f1•3 2004-0015 EG0050 ('0 Pct.) , Lm Z.C. di-m---0v CROSSING AGREEMENT # THIS AGREEMENT, made this ,910 day of 06CIE(t(� `h(� , 2003, between LUPTON MEADOWS IRRIGATION COMPANY, hereinafter the "Company", and THE COUNTY OF WELD, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, of P.O. Box 758, 9`h St., Greeley, CO 80632, hereinafter"Second Party", WITNESSETH; In consideration of Ten Dollars ($10.00), and other good and valuable consideration described in Paragraph 3, the receipt of which is hereby acknowledged by the Company, the parties mutually agree as follows: PROJECT DESCRIPTION Weld County Public Works Department is transferring material from the Bearson Gravel pit to the Koenig Gravel Pit located directly across road 25 to the west from Bearson. A temporary 36" arch culvert is to be installed in the Lupton Meadows Ditch adjacent to Weld County Road 25, .10 mile south of the intersection of WCR 20 to allow truck traffic to cross the Ditch. LEGAL DESCRIPTION AND COMMON LOCATION The project is generally located in the NE %4 of Section 13, T2N, R67W, approximately .10 of a mile south of WCR 20 WHEREAS, the Company is the owner of a ditch and right-of-way, hereinafter the "ditch"; and WHEREAS, Second Party desires to acquire a certain right-of-way to cross the ditch of the Company as described above. NOW, THEREFORE, in consideration of the mutual promises and covenants expressed herein, the parties mutually agree as follows: 1. The Company grants to Second Party a right-of-way and easement to construct and maintain said structure or device (hereinafter referred to as the "culvert and crossing" for convenience)within the ditch. 2. The Company grants to Second Party the right of ingress and egress to and from said crossing location, as necessary and reasonable for the exercise of the purposes of this agreement. 4. All work shall be performed only after prior notice to the President of the Company. 5. In the event any sum is expended by the Company for emergency repair or maintenance of the ditch, which repair or maintenance is caused by the acts or omissions of Second Party in constructing or maintaining the culvert and crossing the ditch, or which may reasonably be attributed to the existence of the culvert and crossing, Second Party shall reimburse the Company for such expense. Determination of whether repair or maintenance is necessary, and whether an emergency exists, shall be at the discretion of the Company after notice to Second Party, and such discretion shall not be unreasonably exercised. MID 11111 �� 11111111111111111111111111 �� 1 3145069 01/16/2004 10:48A Weld County, CO 1 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder OC/S 6. Installation of the culvert and crossing shall be entirely without disturbance by Second Party of the flow of water in the ditch, unless permission in writing is first received from the Company for such disturbance. Any subsequent repairs, replacements or maintenance that might affect the Company's use and operation of the ditch shall occur during a time period when the ditch is not being used to carry water, and be completed before that use begins. Second Party expressly agrees that it shall be liable to the Company and/or its shareholders in damages for any unauthorized disturbance of the flow of water through the ditch, to the extent that such disturbance is caused by or due to the activities of the Second Party or those working on its behalf. Upon completion of any activity upon the ditch right of way by the Second Party, it shall clean the ditch and ditch bank area to place is in the same or better condition than it was before the activity began, including the compacting of any disturbed soils. Second Party agrees to place and maintain signs on both sides of the ditch, which indicate the ditch right-of-way to be private property and entry upon the ditch right-of-way is trespass. Signs shall be located at points that do not interfere with the operation and maintenance of the ditch. 7. In the event that the company finds it necessary to perform emergency repairs to the ditch, either now or at any future time, the Company shall be wholly without liability for damages to Second Party as the result of the performance of such repairs, except as to such damage as may be caused by the Company's negligence. 8. Installation of the culvert and crossing shall be entirely without cost to the Company. If necessary, the Company's attorneys shall be directed to review this Crossing Agreement, and to consult with Company officials or employees as to its contents and effect, and their fees and expenses shall be paid by Second Party, in addition to the consideration earlier recited. 9. The Company shall have full power to operate, maintain, alter, enlarge, relocate, clean and manage the ditch as if this Agreement had not been made, and any expense or damages caused thereby to Second Party shall not be chargeable to the Company, except as to such damage as may be caused by the Company's negligence. It is specifically agreed that normal maintenance and repair activities, including the operation of machinery for such purposes upon the ditch right of way and within the ditch itself, shall not constitute negligence. In the event, however, that any such action on the part of the Company could reasonably be expected to affect Second Party, the Company agrees to give prior notice to Second Party, and to cooperate to avoid injuries or damages to the line. 10. This Agreement and all the terms and conditions thereof shall extend to and be binding upon the successors and assigns of each of the parties hereto. This Agreement shall not be assigned by Second Party without the written consent of the Company. T ai S /k GR.LE f1 WI' i;R M t N k r&c M kRe,i( t , 9,~o ce 5t,,con Fkt1'I 5I$&LL Ita04=, kLL .utPrt4rt ktIp Qtct0R&E ((Kt Olio( 4ilts PPt * b 11. Any notice required or permitted hereunder shall be deemed effective when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the party to whom notice is to be given, as follows: First Party: Corky Cantrell 11016 WCR 23 Fort Lupton, CO 80621 Second Party: Weld County Public Works Attn: Greg Nelson P.O.Box 758 110111 01111101110111101111111101 Greeley, CO 80632 3145069 01/16/2004 10:48A Weld County, CO 2 of 3 R 0.00 D 0.00 Steve Moreno Clerk& Recorder or such other address as may be furnished to the other party by written notice. IN WITNESS WHEREOF, the parties have caused these presents to be duly executed by the proper persons, and have affixed their seals hereto on the day and year first above written. LUPTON MEADOWS DITCH COMPANY By: f_3/42c„, /,t Gene Wagner, Preside J t -NJ, ATTEST: By (U Q44) . ' Corky Cantrell, Secretary ?s� BOARD OF COUNTY COMMISSIONERS By: a Robert D. Masden Chair 01/05/2004 ATTEST: 40. Weld County Clerk to the Board -- ��861 ft*asp=; so By: td� . �aii�. Deputy Cler to the Bo. ...1St. `1 %1fpip M:\WPFILES\AGREEMNT\Water-Ditchlupbottomcross 1111111BEM 111111111111I I111111 I I I I Iii 3 3145069 01/16/2004 10:48A Weld County, CO 3 of 3 R 0.00 0 0.00 Steve Moreno Clerk& Recorder doo4/-coil MEMORANDUM - . _ NiueTO: Esther Geisick, Clerk to the Board DATE : 12/29/2003 COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Work/County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda. Crossing Agreement with Lupton Meadows Irrigation Company to transfer material from the Bearson Gravel Pit to the Koenig Gravel Pit across WCR 25. The appropriate documentation is enclosed. Enclosures pc: Greg Nelson, Mining Supervisor M:\Franc ie\AGENDA-I.DOC Fat)cr.-o 2004-0015 Hello