HomeMy WebLinkAbout800701.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN WELD COUNTY, COLORADO AND
CHARLES W. SYLVESTER, JR. CONCERNING THE GRADING OF REAL
PROPERTY.
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, an agreement between Weld County, Colorado and
Charles W. Sylvester, Jr. concerning the grading of real pro-
perty has been presented to the Board of County Commissioners
for approval, and
WHEREAS, the property under consideration is described as
follows:
The Southeast Quarter of the Northwest
Quarter, Section 31, Township 5 North,
Range 65 West of the 6th P .M. , Weld
County, Colorado.
WHEREAS, the Weld County Engineer recommends approval of
said agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the agreement between
Weld County, Colorado and Charles W. Sylvester, Jr. for the
grading of the above described property be, and hereby is,
approved.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 29th day of
September, A.D. , 1980.
SIT' f) ‘7 -1--
' ` BOARD OF COUNTY COMMISSIONERS
ATTEST: %' di j ` '% i 4A..t'Hv rt.r✓ WELD COUNTY, COLORADO
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Weld County Clerk and Recorder /1 �� .LL- (Aye)
an Clerk to the B rd C. W. Kirby, airman
By: ° � �C_ / r -- ye (Aye)
i Deputy Cou Clerk/ Leonard L. Roe, Pro-Tem
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P R0VEtl,AS ,TO F0E": ` (Aye)
Norman Carlson
County Attorney 1 Ap (A
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ig, Dunbar
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;Jfne K. Steinmark
E_ lea t'"?w', 1 era, . 800701
' ' DATE PRESENTED: OCTOBER 1, 1980
AGREEMENT FOR GRADING OF REAL PROPERTY
THIS AGREEMENT made and entered into this r.6 day of
, 1980 by and between THE BOARD OF COUNTY
COMM SSIONERS of Weld County, Colorado hereinafter referred to
as the "County" and CHARLES W. SYLVESTER, JR. , 17939 Weld County
Raod 394 , LaSalle, Colorado 80645, hereinafter referred to as
"Sylvester" .
WHEREAS, Sylvester and County had an oral agreement in the
past for County to store cinders on the below described real
estate, and
WHEREAS, such cinders were removed during the month of
March of 1980 , at Sylvester' s request, and
WHEREAS, Sylvester has a claim for damages to his pasture
consisting of approximately two acres, on which he claims he
cannot irrigate as he had once done before.
NOW, THEREFORE, in consideration of the mutual promises and
agreements hereinafter set forth, County and Sylvester agree as
follows :
1. The property which is the subject matter of this agree-
ment consists of approximately two acres within the
following legal description:
The Southeast Quarter of the Northwest
Quarter, Section 31, Township 5 North,
Range 65 West of the 6th P.M. , Weld
County, Colorado.
2. County agrees to provide approximately 50 cubic yards
of top soil and agrees to grade approximately two acres
of the abovedescribed property. Such two acres being
indicated on the attached map, marked Exhibit A and
incorporated herein by reference.
3. The parties agree that it will take approximately three
truck loads of top soil to fill in the two acre low
spot. The parties further agree that County is to grade
a slope of approximately one inch in ten feet in order
for the property to drain toward the West and North.
4 . The parties further acknowldege that in the grading
process that some of the gravel below the top soil
may be exposed and the County should not be held re-
sponsible if such occurs.
5. County agrees to complete such abovedescribed work
within thirty days after the completion of this
Agreement.
IN CONSIDERATION of the completion of the abovedescribed
services by County, Sylvester hereby agrees to release and dis-
charge the Weld County Board of County Commissioners, their
agents, employees , and officers from all claims , demands, actions ,
judgments, and executions which the undersigned ever had, or
now has, or may have, or which the undersigned ' s heirs , executors ,
administrators, or assigns may have, or claim to have, against
County, their successors or assigns for any and all injuries
caused by or arising out of, or resulting from the County having
stored cinders on Sylvester' s property and subsequently regrading
it.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement at Weld County, Colorado on the 29th day of
September , 1980.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By; f" )/� L(1 h&1,1 .,_, ,
non,
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CHA LES W. SYLVESTERy R.
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