HomeMy WebLinkAbout20013383.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER
TRAIL AND AUTHORIZE CHAIR TO SIGN -WESTERN MOBILE NORTHERN, A
SUBSIDIARY OF LAFARGE NORTH AMERICA, INC.
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 Donation of Property
for the Poudre River Trail between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Western Mobile Northern, Inc., a
subsidiary of Lafarge North America, Inc., 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 Donation of Property for the Poudre River Trail
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Western Mobile Northern, Inc., a subsidiary of Lafarge
North America, Inc., 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 12th day of December, A.D., 2001.
BOARD OF OUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: LS 16O/
M. J. ile, C it
Weld County Clerk to th-`o: `yiO� /(Lau7 Vs V4 _ Glenn Vaad,fro-I em
BY:
Deputy Clerk to the Boars "*� /✓, R
Wily H. Jerke
APPROzVED AS TO F Rt : (Cm
' J � d`
vi E. Long
ounty Attorney
Robe D. Masden
Date of signature: /�/
2001-3383
,e.: (24 &2es'ern }/o.//e Beea -
AGREEMENT FOR DONATION OF PROPERTY FOR POUDRE RIVER TRAIL
THIS AGREEMENT is entered into this day of DeeE'rnben001, by and between
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, whose address is 915 10th Street, Greeley,
Colorado 80631, hereinafter referred to as "County," and Western Mobile Northern, Inc., a
subsidiary of Lafarge North America, Inc., whose address is 1800 North Taft Rd., P.O. Box
2187, Fort Collins, CO 80522, hereinafter referred to as "WMI."
WITNESSETH:
WHEREAS, County desires to obtain the right to construct and maintain a pedestrian and
non-motorized vehicular right-of-way (hereinafter referred to as "Right-of-Way"), as part of the
Poudre River Trail, across land owned by WMI in Section 34, Township 6 North, Range 66 West
of the 6th P.M., Weld County, Colorado, and
WHEREAS, WMI desires to donate Right-of-Way to County, in fee, upon County
meeting certain terms and conditions stated herein, and
WHEREAS, County desires to accept said donation as stated herein.
NOW, THEREFORE, in consideration of the premises and the following mutual
covenants, the parties hereto have agreed as follows:
1. DONATION OF STRIP OF RIGHT-OF-WAY: WMI agrees to donate via Special
Warranty Deed (without compensation) to County and County agrees to accept the Right-
of-Way. Said Right-of-Way shall be used by the public and maintained by the County for
the purpose of conveyance by pedestrians and non-motorized vehicles. WMI understands
and agrees that said Right-of-Way may also be used by police, emergency, and
maintenance motorized vehicles, and by mounted police, when necessary. The parties
agree that the Right-of-Way shall consist of a strip of land, not less than twenty-five (25)
feet wide, extending across WMI's property generally in an east to west direction. The
path of the Right-of-Way is generally shown on the plat which is attached hereto as
Exhibit "A;" however, the exact location and width of the Right-of-Way shall be
mutually determined by the parties prior to the date of closing. WMI agrees to grant the
Right-of-Way by a Special Warranty Deed, on a form acceptable to County, free and clear
of all encumbrances, except for existing easements, and rights-of-way of record, if any,
including, without limitation, any utilities currently in place. Said Special Warranty Deed
shall be executed promptly upon completion of a survey plat of the Right-of-Way, paid
for by County, which shall show the exact location of the Right-of-Way and provide a
legal description thereof. The parties further agree that said Special Warranty Deed may
be recorded separately from this Agreement, but shall be subject to and shall not merge
Page 1 of 5 Pages
.gt)Ci/-338 3
with the terms of this Agreement.
2. NON-INTERFERENCE WITH MINING ACTIVITIES: WMI is currently permitted to
mine property located in Sections 34 and 35, Township 6 North, Range 66 West of the 6`'
P.M., Weld County, Colorado, through Site Specific Development Plan and Second
Amended Special Review Permit #247 ("USR-247"), issued by County, and through
permit(s) issued by the State of Colorado Division of Minerals and Geology ("DMG").
WMI and County agree to work together to resolve conflicts arising from the Trail's
location that may impair or impede WMI's ability to mine said property or reclaim the
same. Any costs associated with Trail closure or repairs to the Trail arising from the
resolution of said potential conflicts will be borne by the County. WMI agrees to revise
and re-record (in the Office of the Weld County Clerk and Recorder), at its sole expense,
the plat for USR-247, so as to show the agreed upon location of the Right-of-Way and
thereby comply with Condition of Approval 7.h. of USR-247. WMI further agrees to
revise or amend its permit issued by DMG, if necessary, to show or acknowledge the
Right-of-Way. County agrees that WMI shall have access over and across the Right-of-
Way for the purpose of conducting said mining operations and reclamations activities
with vehicles other than those specified in Paragraph 1., above. County further agrees
that WMI may construct and maintain future drainage structures across the Right-of-
Way, if necessary for discharge to the Cache la Poudre River, as long as such structures
do not impair or impede the ability of the public to use the Right-of-Way for conveyance
by pedestrians and non-motorized vehicles. Any such drainage structures shall be
constructed at the sole expense of WMI; however, damage to the improvements along the
Right-of-Way caused the crossing of such drainage structures shall be sole expense of
County.
3. WMI'S INTENT TO MINE WELD COUNTY ASSESSOR PARCEL 080534000080:
County acknowledges that WMI intends to mine Assessor Parcel 080534000080 if it is
granted appropriate State and County use permits through the normal permitting process.
After said permits are in place, County agrees that the terms of this Agreement referring
to mining operations, reclamation activities, signage, and fencing, as described in
Paragraphs 2, 8, and 9 shall apply to said Parcel.
4. REFERRAL TO WELD COUNTY ASSESSOR'S OFFICE: County agrees that upon
closing, the Weld County Assessor's Office shall be notified of the completed transaction
and that the Right-of-Way is no longer owned or controlled by WMI.
5. TRANSFER OF RIGHT-OF-WAY NOT CONSIDERED LAND-SPLIT: WMI and
County acknowledges that the transfer of ownership of the Right-of-Way shall not be
considered as a split of the property owned by WMI, such that it neither violates the
subdivision regulations of the Weld County Code, nor does it create a separate remaining
parcel.
Page 2 of 5 Pages
6. DONATION IN LIEU OF CONDEMNATION -- APPRAISAL: The parties agree that
said Right-of-Way is being acquired by County in lieu of condemnation. County shall
obtain an appraisal of the value of the Right-of-Way donated to County by WMI
promptly upon completion of the survey referred to Paragraph 1., above, and prior to
March 31, 2002.
7. VEHICLE RESTRICTIONS ON RIGHT-OF-WAY: County agrees to restrict access on
the Right-of-Way such that motorized vehicles other than those described in Paragraph 1.,
above, cannot enter upon said Right-of-Way.
8. FENCING: County shall, at County's sole expense, construct and maintain fencing
between ROW and WMI's property. Fencing shall be a 6' standard chain link fence
as described in Second Amended USR #247, Condition 10, or agreed upon
substitute.
9. SIGNAGE: County shall establish and maintain all appropriate signs to prohibit
unleashed pets on the Right-of-Way or unauthorized use of the Right-of-Way by the
public. County agrees to post signage at both ends of WMI's property
acknowledging the property donation by WMI; such signage and the language
therein shall be approved, in writing. prior to placement, by WMI.
10. CONSTRUCTION OF TRAIL ON RIGHT-OF-WAY: County shall be solely responsible
for construction of the trail on the Right-of-Way, including control over and safety of all
workers. County shall inform all workers and volunteers that unauthorized trespassing on
WMI's property is prohibited.
11. ENTIRE AGREEMENT: The parties hereby agree that neither has made or authorized
any agreement with respect to the subject matter of this instrument other than expressly
set forth herein, and no oral representation, promise, or consideration different from the
terms herein contained shall be binding on either party, or its agents or employees, hereto.
This Agreement embodies all agreements between the parties hereto and there are no
promises, terms, conditions, or obligations referring to the subject matter whereof other
than as contained herein.
12. RIGHT TO POSSESSION: Although the date of the transfer of the Right-of-Way shall
be the date of the delivery of the documents of conveyance, it is expressly agreed by the
parties hereto that upon execution of this Agreement by County and WMI, County, its
contractors, agents, employees, if any, and all others deemed necessary by County shall
have the irrevocable right to possess and use all of the Right-of-Way, if deemed necessary
by County for the purpose of construction or maintenance of said Right-of-Way, or by the
public if said Right-of-Way is ready for conveyance by pedestrians or by non-motorized
vehicles.
Page 3 of 5 Pages
13. WARRANTY OF TITLE: WMI warrants that it is the owner of the Right-of-Way and
will defend title thereto against all claims.
14. TAX APPORTIONMENT: WMI represents and warrants that all general taxes levied
against the Right-of-Way prior to such year have been paid in full by WMI.
15. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement, or the application of such terms or
provisions, to a person or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected, and every other term and provision of this
Agreement shall be deemed valid and enforceable to the extent permitted by law.
16. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have created a duty of care
which did not previously exist with respect to any person not a party to this Agreement.
17. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that the enforcement of the terms and conditions of this Agreement, and all rights
of action relating to such enforcement, shall be strictly reserved to the undersigned parties
and nothing in this Agreement shall give or allow any claim or right of action whatsoever
by any other person not included in this Agreement. It is the express intention of the
undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be an incidental beneficiary only.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall
extend to and be binding upon the heirs, executors, administrators, successors, successor by
merger, and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
ATTEST: WESTERN MOBILE NORTHERN, INC., A
SUBSIDIARY OF LAFARGE NORTH
AMERICA, INC.
4 7 lit l�L)At By: /l
Title: sir
Page 4 of 5 Pages
ATTEST: � / d// l i
COUNTY OF WELD, a pe�0-ir u ion
CLERK TO THE BOA OMMISSIONERS
of the STATE OF CO186 r�► • =
Deputy Clerk to the M.J. Geile, Chairman, Board of County
Commissioners of Weld County, Colorado
(12/12/01)
Page 5 of 5 Pages
7ROJDRE TRAIL ALIGNi•A-NT
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EXHIBIT A
Plan Showing Poudre Trail N faFanoE!
Property Donation i
Not to Scale
LAFARGE
December 4, 2001
Mr. Tim Thissen, Board of Directors
Poudre River Trail Corridor
Thissen Construction
2900 F St.
Greeley, CO 80631
Re: Agreement for Donation of Property, Lafarge North America, Inc.
Dear Tim,
Enclosed please find the Agreement for Donation of Property for Poudre River
Trail. We have executed the document and are forwarding it to you to complete the
signatures required. Please get me a copy when the document is signed; in addition we
would like to visit with the Board and express our thanks for having the opportunity to
participate in this project. As you and I have discussed, we are anticipating the initial
phases of the trail construction through our property will be completed within the next
30-45 days. It is our understanding that the trail will not be opened to the public until the
appraisal is completed, a revised plat is filed with Weld County, fencing is constructed
between the trail and our property, and a Special Warranty Deed is issued.
In the meantime if we can participate in any public and/or private announcements
concerning the status of the trail and our contribution to it, we are more than happy to do
so. We look forward to continuing to work with you and the Board to complete this
important project.
a s,
Mary arnett
Land & Resource Manager
Northern Division
WESTERN MOBILE NORTHERN, INC,a subsidiary of Lafarge Corporation 2001-3383
NORTHERN COLORADO DIVISION
1800 North Taft Hill Rd., Post Office Box 2187, Fort Collins, Colorado 80522 coat{
Office: (970)407-3600 Fax: (970)407-3900
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