HomeMy WebLinkAbout20010865.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PERMANENT MAN-MADE STRUCTURES WITHIN 200
FEET OF PROPERTY OWNED BY WELD COUNTY AND AUTHORIZE CHAIR TO
SIGN - LOVELAND READY MIX CONCRETE, 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 Permanent Man-
Made Structures Within 200 feet of Property Owned by Weld County 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 Loveland Ready Mix Concrete, Inc., 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 Agreement for Permanent Man-Made Structures Within 200
feet of Property Owned by Weld County 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 Loveland Ready Mix Concrete, 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 16th day of April, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
eillii„,ir WELD COU COLORADO
ATTEST: a ��
a�e < /J /7"11 de),
I, '�� � ♦ J. eile, Chair
Weld County Clerk to the : ( �._ _• // �/
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BY: r 2711--) -2. 12'x%� et V _
Deputy Clerk to the Board •
Will H. Jerke
ED A ORM:
D vi E. Long
A6unty Attorney
Robert . Masden
2001-0865
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1017-H"
MEMORANDUM
WIIDcTO: Clerk to the Board DATE: April 11, 2001
COLORADO
FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Please submit the enclosed item for the Board's next agenda:
Approval for Banks and Gesso, LLC to construct a sand and gravel mine 200 feet from the Weld
County right-of-way intersection of WCR 13 and WCR 54.
The appropriate documentation is attached.
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Enclosures
2001-0865
AGREEMENT
THIS AGREEMENT is entered into this /1-day (dated by Structure Owner) of
/sc-A . , 2001, by and between Loveland Ready Mix Concrete, Inc.
(hereinafter referred to as the "Applicant") whose address is P.O. Box 299,
Loveland, Colorado, 80539, and Weld County Public Works Departmemt,
(hereinafter referred to as the "Structure Owner") whose address is 1111 H
Street, Greeley, CO 80632.
The Applicant is seeking a State of Colorado Mined Land Reclamation Board
Permit to mine sand and gravel and to reclaim the property as identified in the
legal description enclosed as "Attachment A" and as depicted on the enclosed
Location Map which is identified as "Attachment B".
The Structure Owner owns a permanent man-made structure within 200 feet of
the land affected by the mining and reclamation operations. The location and
description of this structure(s) is given in "Attachment C". Attachments "A", "B",
and "C" are attached hereto and made a part of this Agreement.
The Applicant hereby commits to fully repair or to fully compensate the Structure
Owner for any damage to the structure described in Attachment "C", which
damage is caused by the Applicant's mining and reclamation operations.
AGREED:
By the A plicant:
,:1 O1//O1/
b Ap c epresen tive Date
Loveland Ready Mix Concrete, Inc
Applicant's Company Name
State of Colorado )
) ss
County of Adams )
e foregoing instrument was acknowledged before me this/V day of
2001, by Steven Fancher, Vice President of Loveland Ready Mix
Conc e, Inc.
tr9i*iJ I
Noot ublic
My Commission expires: 7- ,o7 o 19
1
By the Structure Owner
Qczt, 04/16/2001
Struct re Owner Signature Date
M. J. Guile, Chair, Weld County Board of Commissioners
State of Colorado )
) ss
County of Weld )
The foregoing instrument was acknow V be me this 16th day of
April , 2001, by M. J. Gail 4;•.-""••
WCR 54. p; sus owner of WCR 13 and
ESTHER E. : f
r �/o�� �' GESICK
Notary Public Vag /• oy
'9 •••. O
My Commission expires: �OPcOLC)
AtCamissbn Ewes September 11,20CI
2
Attachment "A"
Legal Description of the "Affected Land"
Parts of the NW % and NE % of Section 30, Township 5 North, Range 67 West of
the 6th P.M.
3
Attachment "B"
Location Map of"Affected Land"
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NM Banks & Gesso, LLC Exhibit B: Index Map
III II 720 Kipping, Suite 117 Lov Regular 112 Permit
Lakewood, CO 80215 Goereen/eland Ready Mix
G Croissant Property
banksandgesso.com Sand and Gravel Mine
6/22/00 20023
Attachment "C"
Description of Man-Made Structure
Within 200 Feet of"Affected Land"
Weld County Road 13 and Weld County Road 54.
5
IMU Banks and Gesso, LLC 720 Kipling St.,Suite117
Lakewood, Colorado 80215
(303)274-4277
Fax(303)274-8329
www.banksandgesso.com
Date: February 1, 2001 RECEIVED
Owner Name: Weld County Public Works Department FEB 2 6 2001
Address: 1111 H Street
Greeley, CO 80632 Plat
°> DEPT
RE: PERMANENT MAN-MADE STRUCTURES WITHIN 200 FEET OF OUR
PROPOSED PROJECT
Project Name: Green/Croissant Sand and Gravel Mine and Ready
Mix Concrete Plant
Applicant: Loveland Ready Mix Concrete, Inc,
Address: P.O. Box 299
Loveland, CO 80539
Dear Sir or Madam:
The above named applicant has applied for a permit to construct a sand and
gravel mine on land that is within 200 feet of structures that we believe you own
(WCR 13 and WCR 54). As the owner of a structure within 200 feet of a
proposed mining activity, the Colorado Division of Minerals and Geology rules
and regulations require us to contact you and seek your acceptance of the
enclosed agreement. Please be aware that the proposed operation is a sand
and gravel mine, with slopes at no time exceeding a stable configuration. The
agreement is to the effect that the applicant will compensate you for any damage
done to a permanent man-made structure that you own within 200 feet of the
affected land caused by the mining operation. The agreement states that we will
fully repair any damage or provide full compensation for any damage caused by
the mining operation.
Please do not interpret this letter or the enclosed Agreement as meaning that any
damage will be done. The applicant's mining operation has, and will continue to
make every measure to avoid damage. This is a State regulation with which the
applicant must comply.
If you do not sign the enclosed Agreement, the applicant has the alternative of
providing an appropriate engineering evaluation. The applicant prefers to reach
an agreement with you if at all possible.
You may sign this Agreement, with your notarized signature, and mail it back to
us in the enclosed postage paid envelope within 30 days of the date of this letter.
If there are any questions regarding the proposed operation or the terms of this
agreement, please feel free to contact the applicant's representative (Steven
Fancher of Loveland Ready Mix Concrete, Inc. at 970-667-2680).
We are more than willing to meet with you at your property to discuss the mine
and reclamation plans and any concerns you may have. If you would like to
arrange such a meeting, please call.
Sincer ly,
v• �
t n ncher
Loveland Ready Mix Concrete, Inc.
Enc: Agreement Letter
Attachment A: Legal Description
B: Index Map
C: Description of Structure
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