HomeMy WebLinkAbout830944.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN ALICE O. WILSON, TRUSTEE, 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, Alice O. Wilson, Trustee, owns certain land located
in the S1 of Section 30, T8N, R57W of the 6th P.M. , Weld County,
Colorado, on which there is soil and/or gravel suitable for use
in construction of County roads, and
WHEREAS, an agreement for use of soil and/or gravel for road
purposes, between Alice O. Wilson, Trustee, and Weld County has
been presented to the Board of County Commissioners, a copy of
which is 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 Alice O. Wilson,
Trustee, 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 .
y BOARD OF COUNTY COMMISSIONERS
ATTEST: /I -L BOARD
WELD COUNTY, C ORADO
Weld County erk and Recorder
� 2
and Clerk to the Board Chfzck Carlso , Chairman
By\., -, �n�x� 4 c�,,
D puty Count Clerk J . Martin, Pro-Tem
APPROV AS TO FORM: a`--,
ene R. Brantner
County Attorney Norman Carlson
` , f#
t t 3 cque ' ne Jo ns•n
(t cci.' ) : I L, 83O944
DAY FILE: March 7 , 1983
AGREEMENT MR ^'T' 07: SO I.. �.—'__.l ` 's1`0k I-OAD PURPOSES
THIS AGREEMENT, mad 10th _ day of January , 1983,
Trustee
by and between Alice O. Wilson, /Route 1, Box 7 , Polk, NE 68654 _
hereinafter referred to as Owner, of - Wilson Pit, Rd. 135 and 88L
(Address)
Sh Sec. 30, T8N, R57W , and the WELD COUNTY DEPART-
MENT OF ENGINEERING, for the benefit and on behalf of the Board of
County Commiss - oners , WeJ.0 :3unty , .,�_.c. �d:. iierei:,u fter referred
tr, as Weld Count".
v;HEREAS, Weld Countv , in nce:1 o sail and/or gravel for the
construction of county roe. s , and
WHEREAS, Owner owns certain 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 also agree to the following provisions :
(if none, write none)
The County will obtain any necessary permit from State Mined Land
Reclamation Board, as well as any appropriate Special Use Permit
granted by the Weld County Planning Commission. Top soil will be
stockpiled and replaced when the operation has been completed.
The deposit would not be worked below the level of the adjoining
farm land and a temporary fence will be built around mining opera-
tion to protect existing farmland.
X4e,, , ( 9 l� � nn ( yam
Owner
WELD
By :
Note : If you agree with the terms of this agreement, please sign
the original and return to us as soon as possible. Also,
feel free to add any terms to the agreement you feel are
necessary.
ADTDITOAr. 7R VIST ;S
1. Term of Agreement. Th€ term c t this agreement shall be
from the date of execution to and until 10 years
later.
2. Property Description. The Owner hereby agrees to grant
to the County the right to enter the following described
proper...y situated in '�3 u
S1 Sec. 30, T8N, R57W; N.E. of Raymer, CO
Rd. 1VS and R
3. Royalty on Sand and Gravel . Th County agrees to pay the
Owner a royalty of $(1,45 Cu. Yd.
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: Alice O. Wilson
Route 1, Box 7_
Polk,NE 68654
County:Wid County Engineering Department
933 North llth Avenue
P. O. Box 758
Greeley , CO 80632-0758
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January 12, 1983
Mr. Donald R. Unroll, Adm. Mgr.
Dept. of Engineering
Weld Go., Oolovedo
P. 0. Sox 758
Greeley, Co. 80832
Dear Mr. Carroll:
Thank you for your letter of the 10th, with the enclosed
oontraot for the removal of gravel from 4 so. 30, T8N, R"57W.
The contract is satisfactory. I have signed, and am return—
ing, it herewith.
Please note that I hold this land as Trustee, under a
revocable living trust, with my husband as beneficiary.
I have therefore inserted the word "Trustee" after my name
in the contrast, and have signed it accordingly. Checks in
payment for the gravel should be made out to "Alice 0. Wilson,
Trustee. '
This type of trust agreement is simply a replacement for a
Will, eliminating the necessity of a probate action.
Thank you for your consideration.
Sincerely yours,
tetielt l3 Lt. . ,TkC
Ali es 0. Wilson, Tr.
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