HomeMy WebLinkAbout20002293.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PERMANENT MAN-MADE STRUCTURES WITHIN 200
FEET OF PROPERTY OWNED BY WELD COUNTY AND AUTHORIZE CHAIR TO
SIGN -ASPHALT SPECIALTIES COMPANY, 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 Asphalt Specialties Company, 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 Asphalt Specialties Company, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authcrized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of September, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAQO
ATTEST: �1 AL c
'iota"
Barbara J. I rkmeyer, hair
Weld County Clerk t e ' C
i M. J. eile, Pro-Tem
Deputy Clerk tot ,
)t\ Baxter
APPROVED A ' c f
i Dale K. Hall
County Attorney EXCUSED
Glenn Vaad
2000-2293
EO0039
ASPHALT
SPECIALTIES CO .
7321 East 88th Ave. • Henderson, CO 80640 • (303) 289-8555 • Fax: (303) 285 7707
Date: September 1, 2000
Owner Name: Weld County
Address: 915 10t`' Street
Greeley, CO 80631
RE: PERMANENT MAN-MADE STRUCTURES WITHIN 200 FEET OF OUR
PROPOSED PROJECT
Project Name: Hooges Mining Resource
Applicant: Asphalt Specialties Co.
Address: 7321 E. 88th Avenue
Henderson, CO 80640
Dear Sir or Madam:
The above named applicant has applied for a permit to construct a borrow pit on
land that is within 200 feet of a structure that we believe you own. 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 borrow pit, with dopes 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 (the borrow pit site) that is 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
2000-2293
agreement, please feel free to contact the applicant's representatives (Tim
Buterbaugh or Tim Sullivan of Asphalt Specialties Company) at the number listed
on the letterhead.
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.
Sincerely,
k
Tim Su erbaug
Asphalt Specialties Co.
Enc: Agreement Letter
Attachment A: Legal Description
B: Index Map
C: Description of Structure
PAV!M3•OVE^LAYS•PATCF':"G•FART`;?:-.^. ;•CONCPrTE
SEAL COATING•CRACKSEAL•STF,IPNG
ASPHALT
SPLCI AILTIES CO .
PHONE (30:3)289-8555
FAX(303) 289-7707
TIM BUTEP2 UGH aLt II W33 5457 ;7321 EAST 1 H AVE
- iUI V ASPIlzkl I I OI:I.I Y4 IS UIIIt ,2fiN«S�
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AGREEMENT
THIS AGREEMENT is entered into this &5 day (dated by Structure Owner) of
September, 2000, by and between Asphalt Specialties Company, Inc.
(hereinafter referred to as the "Applicant") whose address is 7321 E. 88th Ave.,
Henderson, CO 80640, and Weld County, (hereinafter referred to as the
"Structure Owner") whose address is 915 10th St., Greeley, CO 80631.
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", "µ",
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 Applicant:
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by Applicant's Represemative `E �i`'r
Asphalt Specialties Company, Inc. . /
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Applicant's Company Na M ;,a*�R
Date of Colorado ) fps... �� ,R'
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County of Adams ) 'ytY A! ?_
The foregoing instrument was acknowledged before me this //( 'Clay of
September, 2000, by Tim Buterkl,9ugh as Aggregates Manager of Asphalt
Specialties Company, Inc. p
Notary Public
My Commission expires: E' l
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2790902 10!09!2000 11:59A JA du' TsukometU
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By the Structure Owner
09/25/2000
Structure Owner ° nature Date
Barbara J. Kirkmeyer, Chair, Weld County Board
of Commissioners
State of Colorado )
ss
County of Weld )
alt
The foregoing instrument was acknowledged before me this 25thwar--
September , 2000, by Barbara J. Kirkmeyer as Chair ': 1% .(tt+ $;
of Weld °
? GEVOK
Notary Public .•• < '
My Commission expires:
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Attachment "A"
Legal Description of the "Affected Land"
Portions of the S'/2 of Section 17, Township 2 North, Range 68 West of the 6`'' P.M .
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Attachment "C"
Description of Man-Made Structure
Within 200 Feet of"Affected Land"
Weld County Road 20'% to north, concrete ditch to east and south
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