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Home My WebLink About20010422.tiff RESOLUTION RE: APPROVE AGREEMENT CONCERNING PURCHASE OF BORROW PIT EMBANKMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 49 BETWEEN WELD COUNTY ROADS 40 AND 28 FOR THE PURPOSE OF A ROAD WIDENING PROJECT AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS -THOMAS AND MARY CROGHAN 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 Concerning the Purchase of Borrow Pit Embankment for Certain Improvements to Weld County Road 49 between Weld County Roads 40 and 28 for the Purpose of a Road Widening Project 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 Thomas and Mary Croghan, 8465 Weld County Road 49, Hudson, Colorado 80642, 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 Concerning the Purchase of Borrow Pit Embankment for Certain Improvements to Weld County Road 49 between Weld County Roads 40 and 28 for the Purpose of a Road Widening Project 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 Thomas and Mary Croghan be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign necessary documents. 2001-0422 EG0041 AGREEMENT CONCERNING PURCHASE OF BORROW PIT EMBANKMENT FOR CERTAIN IMPROVEMENTS TO WCR 49 BETWEEN WCR'S 40 AND 28 - CROGHAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: a j/J pdd G�.� -� M. J. eile, Ch it Weld County Clerk tot abi � a = , Glenn Vaa , - ->� em BY:�. id,.'/ . .� ♦_ ,1-.�''7,',:,Jti/ h^� D-putyClerktoth� d ® T(Att Willia .�ke_ APPR• ED AS TO F' ' • � w l David . Long ounty Att.rney Ro ert D. Masden 2001-0422 EG0041 80 AGREEMENT CONCERNING PURCHASE OF BORROW PIT EMBANKMENT FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD(WCR)49 BETWEEN WCR 40 AND WCR 28 FOR THE PURPOSE OF A ROAD WIDENING PROJECT BETWEEN THOMAS D.AND MARY EILEEN CROGHAN AND WELD COUNTY, COLORADO. THIS AGREEMENT is made this 14th day of February , 2001 by and between Thomas D. and Mary Eileen Croghan whose address is 8465 WCR 49, Hudson, Colorado, hereinafter referred to as "Owners" and the County of Weld, a body corporate and politic of the State of Colorado,by and through its Board of County Commissioners,hereinafter referred to as"County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve WCR 49 between WCR 40 and WCR 28 for the Weld County Safety Project WHEREAS, County is in need of soil for the widening of WCR 49 WHEREAS,Owner owns certain land on which there is soil suitable for use in construction. NOW, THEREFORE, the parties herein agree as follows: 1. County may use it equipment to remove the soil from Owners land. 2. County agrees to fix or repair all fences removed or destroyed as agreed. 3. County agrees to seed and comply with all reclamation requirements of the state permit. 4. County agrees to pay reasonable expenses incurred by Owners for the extermination of prairie dogs for the portion of Owners land utilized by County for soil removal operations provided such extermination is done in cooperation with Colorado Division of Wildlife and the Fish and Game in accordance with applicable rules and regulations. County agrees to coordinate between Owner and Colorado Division of Wildlife or any other appropriate agency. 5. County agrees to improve the access to property to provide for safe ingress and egress of trucks and equipment used for thee excavation of the soil. 6. Owners warrant that they are the owner of the Property described in Paragraph 7 Page 1 of 3 111111111111111111111111111111111111111 III 1111111111111 2828868 R 0.00,Z001 D 0.003:01P JA Suki ukamoto Weld County CO 7. PROPERTY DESCRIPTION: The Owner agrees to grant the County the right to enter the following described property situated in Weld County, Colorado: PT 24-2-65 NE4SE4 EXC OG&M ALSO LOT A REC EXEMPT RE-1154 (1.67R) SITUS: 8465 WCR 49, WELD COUNTY 8. ROYALTY ON SOIL: The County agrees to pay the Owner a royalty of 50 cents per ton for all material removed during the term of this lease. Such royalty is to be paid not less than 12 months,nor more than 18 months after the material is removed. 9. ACCESS: The Owner agrees to provide land for a 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 the termination of this Agreement. 10. 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 records available to Owner for his or her inspection. 11. NOTICES: Any notice of termination or other demand by the Owner or the County shall be in writing and forwarded by certified mail to the following address: OWNER: Thomas D. and Mary Eileen Croghan 8465 WCR 49 Hudson, Colorado 80642 COUNTY: Weld County Public Works Department P.O. Box 758 Greeley, CO 80632 12. 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 terms and provisions of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 13. 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 Page 2 of 3 1111111 11111 11111111111 11111 1111 1111111II11111111111111 2 of 3 R 0.00I2 3 D 0.00 Weld County COukamoto any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 14. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNERS: �rr.. Tho as D. Croghan rleen Croghan ATTEST: dn� ti ,• ; EL /St e BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the • 0,0 WELD COUNTY, LORADO 1� Pr:BY: �d )G �A � �,' BY: Deputy Clerk to the Boa c%, \ \� M. J G ile, Chair (62 /� ji) r Illiam m:wpfiles\agreemnt.Croghan.agr.wpd Page 3 of 3 1BM 111111111 1111111111111111111 I I 1111111111 111 2828868 R 0 00120 0.003W d County Coukamoto MEMORANDUM 7 2001 COLORADO TO: Clerk to the Board DATE: February , FROM: Frank B. Hempen, Jr., Director of Public Wor /County Engineer SUBJECT: Agenda Item Please submit the enclosed item for the Board's next agenda: , , 1 .71 Acquisition a Borrow Pit for Phase III of WCR 49 Shouldering Project C� The appropriate documentation is attached. Enclosures pc: WCR 49 2001-0422 MEMORANDUM WilDeTO: Board of County Commissioners DATE: January 18, 2000 s FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer COLORADO SUBJECT: Acquisition a Borrow Pit for Phase III of WCR 49 Shouldering Project 1. Borrow Pit Agreement with Croghan 2. Relocation Contract for Gas Line owned by North American Resources Company 3. Minerals and Geology Division Permit for Borrow Pit Phase III of the WCR 49 Shouldering Project (between WCR 28 and WCR 40) requires approximately 30,000 cubic yards (39,000 tons) of fill material. Attached is an Agreement with Thomas and Mary Croghan to acquire the necessary fill material from their property located near the intersection of WCR 49 and WCR 18. Our staff has conducted negotiations to acquire the right to use material from the Coghans property. The cost of material will be $0.50 per ton. Other items negotiated with the Croghan's are included in the Agreement. The Chairman must be authorized to sign the Agreement. A gas line passes through the borrow pit site. Attached is an estimate from the North American Resources Company to relocate the gas line for$8,865. Request the Boards approval to authorize the relocation. In order to mine the fill material, a permit must be obtained from the State of Colorado, Minerals and Geology. The Chairman must be authorized to sign the permits. Total cost for the borrow pit is estimated at $122,630.00. The alternative is to haul pit run material from one of the County's gravel pit operations for an estimated cost of$174,515.00. Additionally, this alternative requires an additional 88 rental truck days, which could be allocated to other uses, and unnecessary depletion of gravel pit resources. pc: WCR 49 file m:\wpfiles\frank\49borgas.wpd Hello