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HomeMy WebLinkAbout830947.tiff RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN DAVE BASHOR 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, Dave Bashor owns certain land, located in the SWa of Section 18 , T10N, R61W of the 6th P.M. , Weld County, Colorado, on which there is soil and/or gravel suitable for use in construc- tion of County roads, and WHEREAS, an agreement for use of soil and/or gravel for road purposes between Dave Bashor and Weld County 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 agreement for use of soil and/or gravel for road purposes between Dave Bashor 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 . °`1 i�W ei BOARD OF COUNTY COMMISSIONERS ATTEST: I wv� WEL COUNTY, COLORADO Weld C₹4tYri"ty Clerk and Recorder and Clerk to the Boar4 C uc Carlso , 'Chairman By , ` /T)1LyrLcxi (//it-e2,14-a/ ,_!L ;e . i /%/c, ' L//< . D puty County Clerk J T. Martin,'Pro-Tem APPROV AS TO FORM:C.C7 nekr..n...- g---- Cree'ejr -� ene R. Brantner County Attorney Norman Car on J• cqu ine o ns0on 830967 DAY FILE: March 7 , 1983 ,.e::;_:L....LIa AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES THIS AGREEMENT, made this 6th day of January , 1983 , by and between Dave Bashor, 56971 Weld County Road 87 ,Grover,CO 80729 hereinafter referred to as Owner, of Bashor Pit in the SWa Sec. 18 , (Address) T10N, R61W; Rd. 87 and 116 , and the WELD COUNTY DEPART- MENT OF ENGINEERING, for the benefit and on behalf of the Board of 4 County Commissioners , Weld County , Colorado , hereinafter referred to as Weld County . WHEREAS , Weld County is in need of soil and/or gravel for the construction of county roads , and WHEREAS, Owner owns certain land 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) Weld County will obtain any necessary permits from the State Mined Land Reclamation Board, as well as any appropriate Special Use Permit granted by the Weld County Planning Commission. Ow er WELD J Y By : 3 F. ADDITIONAL PROVISIONS 1. Term of Agreement. The term of this agreement shall be from the date of execution to and until �;>.-c:' years later. 2. Property Description. The Owner hereby agrees to grant to the County the right to enter the following described property situated in Weld County, Colorado: Bashor Pit in the SWQ Sec. 18, T1ON, R61W at Weld County_Road 87 and Weld County Road 116 3. Royalty on Sand and Gravel . The County agrees to pay the Owner a royalty of $0. 35 per 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 •riting and forwarded by certified mail the following addess : Owner: _Dave Bashor 56971 Weld County Road 87 Grover, CO 80729 County:Weld County Engineering Department 933 North 11th Avenue P. O. Box 758 Greeley, CO 80632-0758 Hello