HomeMy WebLinkAbout20001313.tiff RESOLUTION
RE: APPROVE TWO AGREEMENTS CONCERNING OBTAINING PERMISSION TO
SHAPE AND RESEED PROPERTY AND AUTHORIZE CHAIR 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, the Board has been presented with two Agreements Concerning Obtaining
Permission to Shape and Reseed Property 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 the following parties with terms and conditions being as stated in said
easements:
1) Charles and Andrea Busha
2) Doud BTS, Inc.
WHEREAS, after review, the Board deems it advisable to approve said agreements,
copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the two Agreements Concerning Obtaining Permission to Shape
and Reseed Property 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 V/orks,
and the above mentioned parties, be and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreements.
2000-1313
e ( k�Cisf/a *r� EG0039
TWO AGREEMENTS CONCERNING OBTAINING PERMISSION TO SHAPE AND RESEED
PROPERTY FOR WCR 35 PROJECT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
W LD/COUNTY,, COLD ADO
W JAhAit &C,a40t
/ Barbara J. rkmeyer, Chair U
E ism f O Ru_` � $rk to the Board
,i J. ile, Pro- em n ^� ,"
10 } ti Jerk to the Board ` T r �J
�' rge . Baxter
�, AS _--
Dale K. Hall
4eiAttorn! L 1-------___ /�
Glen�aa
2000-1313
EO0039
AGREEMENT
CONCERNING OBTAINING PERMISSION TO SHAPE AND RESEED PROPERTY
OWNED BY DOUD BTS, INC. AS PART OF CERTAIN IMPROVEMENTS TO WELD
COUNTY ROAD (WCR) 35.
THIS AGREEMENT is made this;'L day of /4,14 , 2000, by and between Doud
BTS, Inc., whose address is 780 Simms, Suite 104, Golden,tO 80401, hereinafter referred to as
"Owner," and the County of Weld, a body corporate and politic of the State of Colorado. by and
through its Board of County Commissioners, whose address is 915 10'h Street, Greeley, Colorado
80631, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 35. and
WHEREAS, Owner owns the property described as follows: A strip of land located in the
Southeast Quarter of Section 2, Township 1 North, Range 66 West of the 6`h Principle Meridian,
being 35.00 feet in width, starting at the common property line that separates the Doud BTS. Inc.
parcel and the Lou Elva Spilman parcel,and continues north approximately 195.00 feet, paralleling
the west right-of-way of WCR 35, hereinafter referred to as "the Reseed Area." The Reseed Area
contains 0.157, more or less; and
WHEREAS, County is in need of permission from Owner to enter, for a period of up to one
year from the date of this Agreement,the Reseed Area for the purpose of shaping and reseeding the
hill to the west of WCR 35, for the purpose of providing a slight snow break for WCR 35: and
WHEREAS, Owners wish to cooperate with County by agreeing to grant such permission
to enter.
NOW, THEREFORE, the parties herein agree as follows:
1. Owner hereby permits County to enter, for a period of up to one year from the date
of this Agreement, the above described property for the purpose of shaping and
reseeding with native grasses the hill to the west of WCR 35 for the purpose of
providing a slight snow break for WCR 35.
2. Owner agrees to refrain from performing any work or constructing any structure
within the Reseed Area which is inconsistent with the shaping and reseeding work
to be performed by County during the term of the permission granted herein.
3. County does not represent or warrant that the reseeding will result in any particular
stand of grass,or guarantee the strength or viability thereof Owner understands and
acknowledges that the shaping and reseeding are intended to benefit County ii its
maintenance of WCR 35. Any benefit by Owner, its heirs, and assigns from the
shaping and reseeding is considered secondary.
4. 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 term.herein
contained shall be binding on either party, or its agents or employees, hereto 'Phis
Agreement embodies all agreements between the parties hereto and there arc no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
Sheet 1 of 2
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.
Doud BTS, Inc.
By: I/1 (" �—
Notary Public
:� ,
it[.L I l f C t 1
ATTEST: Lier BOARD OF COUNTY
e) COMMISSIONERS
Weld County Clerk to the :o WELD COUNTY, COLORADO
Bit ki
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By: -e , • I�� 1f; : �� By:1 . /' icLu( , y /A._t
IN!
Deputy Clerk to the Boar— _ _ - Barbara J. Kirkmeyer, Chair
(05/3'/Zook)
m:wplilcs\agrecmntAwcr35-agr.wpd
Sheet 2 of 2
AGREEMENT
CONCERNING OBTAINING PERMISSION TO SHAPE AND RESEED PROPERTY
OWNED BY CHARLES E. BUSHA AND ANDREA L. BUSHA AS PART OF CERTAIN
IMPROVEMENTS TO WELD COUNTY ROAD (WCR) 35.
THIS AGREEMENT is made this / >dayof /W41 ,2000, by and between Charles
E. Busha and Andrea L. Busha,whose address is 5118 WCR 35,Ft. Lupton,CO 80621,hereinafter
referred to as "Owners," and the County of Weld, a body corporate and politic of the Stale of
Colorado, by and through its Board of County Commissioners, whose address is 915 10t° Street,
Greeley, Colorado 80631, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road 35, and
WHEREAS, Owners also own the property described as follows: A strip of land located in
the Southeast Quarter of Section 1,Township 1 North,Range 66 West of the 6°i Principle Me-idiau,
being 30.00 feet in width, starting at the north line of the southwest quarter of the southwest quarter
of Section 1,Township 1 North,Range 66 West,and continuing south approximately 207.0 feet,and
paralleling the east right-of-way line of WCR 35,hereinafter referred to as the "the Reseed 4re,i."
The Reseed Area contains 0.165 acres, more or less; and
WHEREAS, County is in need of permission from Owners to enter, for aperiod ofup to one
year from the date of this Agreement, The Reseed Areas for the purpose of shaping and reseeding
the hill to the east of WCR 35, for the purpose of providing a slight snow break for WCR 35; and
WHEREAS, Owners wish to cooperate with County by agreeing to grant such permission
to enter.
NOW, THEREFORE, the parties herein agree as follows:
1. Owners hereby permit County to enter, for a period of up to one year from the date
of this Agreement, the above described property for the purpose of shapiag and
reseeding with native grasses the hill to the west of WCR 35 for the purpose of
providing a slight snow break for WCR 35.
2. Owners agree to refrain from performing any work or constructing any structure
within the Reseed Area which is inconsistent with the shaping and reseeding work
to be performed by County during the term of the permission granted herein.
3. County does not represent or warrant that the reseeding will result in any particular
stand of grass,or guarantee the strength or viability thereof. Owners understand and
acknowledge that the shaping and reseeding are intended to benefit County in its
maintenance of WCR 35. Any benefit by Owners, its heirs, and assigns from the
shaping and reseeding is considered secondary.
4. 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 arc no
promises, terms, conditions, or obligations referring to the subject matter whereof
other than as contained herein.
Sheet 1 of 2
IT 1S 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:
Charles E. Busha
.c-v7
Andrea L. Busha
ATTEST: �,/'� BOARD OF COUNTY
a ,a COMMISSIONERS
Weld County Clerk to thg :o 4770' WELD COUNTY, COLORADO
rai
By: //� _ .1d .w By k tr t /t: ` z j I/;,s
Deputy Clerk to the B• -��U ' Barbara J. Kirkmeyer, Chair
(n5131IZoce)
tn'.wptiles\agreemntAentry\we'35-agrl.wpd
Sheet 2 of 2
a
MEMORANDUM
CTO: Clerk to the Board DATE: May 270 2000
•
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the following item for the Board's next agenda.
Temporary construction easements with two landowners:
Doud BTS, Inc. and Charles E. and Andrea L. Busha
The appropriate documentation is attached.
Enclosures
pc: Drew Scheltinga, Engineering Division Manager
7 , )-13 '_
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