HomeMy WebLinkAbout20031221.tiff RESOLUTION
RE: APPROVE LETTER AGREEMENT FOR LEASE OF A TWO-THIRDS SHARE OF LUPTON
BOTTOMS DITCH COMPANY AND AUTHORIZE CHAIR TO SIGN -CORKY CANTRELL
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 letter agreement for the lease of a
two-thirds share of Lupton Bottoms Ditch Company, between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County,and Corky Cantrell,
11016 Weld County Road 23, Fort Lupton, Colorado 80621, during the irrigation season of the year
2003, 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 letter agreement for the lease of a two-thirds share of Lupton Bottoms
Ditch Company, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Corky Cantrell 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 14th day of May A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
COUNTY, COLORA O
ATTEST: Lity
� \'Day . Lo g, •
Weld re
rk to th r f4BY: "ej
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D. s
Deputy Clerk to the Boar? f I�
M. J. Bile
O D AS TO `1--9
Willie H. Jerk
unty Attorney
orney��_L— iCf� �
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Glenn Vaa
Date of signature:
2003-1221
BC0033
jatil4 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
I GREELEY, CO 80632
WEBSITE: vvww.co.weld.co.us
ww.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
April 30, 2003
Corky Cantrell
11016 WCR23
Fort Lupton, CO 80621
RE: Lease of 2/3 Share of Lupton Bottoms for the
Year 2003
Dear Corky:
It is my understanding that you and your neighbor and Bill Lewis wish to lease 2/3 shares of
Lupton Bottoms ditch rights from Weld County for the irrigation season of the year 2003. You
understand that this is for a single year and that the lease for this year in no way guarantees you
the right to lease those shares in any subsequent year. The County will be willing to discuss
lease opportunities on a year to year basis. You have indicated that you are willing to pay 2/3 of
the annual assessment on a share, which compensates the County for the annual assessment, but
the County will remain responsible for actual payments of those assessments. You have also
indicated that you are willing to provide records at the conclusion of the irrigation season
regarding the approximate amount of water diverted to each property(i.e. the portion of the 2/3
share delivered to each parcel), acreage, and crops irrigated with the shares leased from Weld
County. You agree to provide those figures prior to November 1, 2003. It should be noted that
the County has not attempted to apportion the usage amongst the two of you as to those shares.
If this is your understanding, please sign and have your neighbors sign both of the originals and
return to my office. The agreement will become final if it is ratified by the Board of County
Commissioners in a regular business meeting. One of the fully executed originals will then be
returned to you for your records.
Yours truly,
in 2 O �1-\--
Le D. Morrison
Assistant Weld County Attorney
2003-1221
llii /
e � WELD COUNTY CLERK TOTME $011/4-6
Dave Long, Chair Datey/�j BY: Q ` 4 A
Board of County Commissi ers DEPUTY CLERK TO THE BO DAB..,;'
is /
LI t y, L;k l o ,,
Corky Cantrell Date
j �j ` Z 7 C 20`'3
Bill Lewis Date
XC:Applegate Group
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