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HomeMy WebLinkAbout830946.tiff RESOLUTION RE: APPROVAL OF AGREEMENT BETWEEN ROBERT THOMAS AND WELD COUNTY, COLORADO FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND AUTHORIZATION FOR CHAIRMAN 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, Weld County is in need of soil and/or gravel for the construction of County roads, and WHEREAS, Robert Thomas owns certain land located in the Wi of Section 1 , T8N, R61W of the 6th P.M. , Weld County, Colorado, on which there is soil and/or gravel suitable for use in construc- tion of County roads, and WHEREAS, an agreement for use of soil and/or gravel for road purposes between Robert Thomas and Weld County has been presented to the Board of County Commissioners, a copy of said agreement being attached hereto and incorporated herein by reference, and WHEREAS, the Board of County Commissioners deems it advisable and in the best interests of Weld County to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement for use of soil and/or gravel for road purposes between Robert Thomas and Weld County be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 2nd day of March, A.D. , 1983 . /II '� Q y/ j y WELD COUNTY, C ORADO D OF OUNY COMMISSIONERS ATTEST: Weld C'aunty Jerk and Recorder and Clerk to the Board uck Carlson, Chairman / 1-7 , By• C77/ �c_v, l yIi � r�tccJ j 1. zz, "7 /IJ/17,7 -x--" D putt' County Clerk J T. Martin, Pro-Tem APPROVED AS TO FORM: Ge e R. Brantner County Attorney Norman Car son J.cqu°line ' o nson C,..' ,,...r 830946 DAY FILE: March 7 , 1983 - 1983 Engineering Departnont AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES THIS AGREEMENT, made this 8th aay or December , 19 82 by and between Robert Thomas , 1010 Carol , Fort Morgan, CO 80701 hereinafter referred to as Owner, o: Thomas Pit in the W.x Sec. 1, (Address) T8N, R61W; Rd. 96 and Rd. 97 and the WELD COUNTY DEPART- MENT OF ENGINEERING for the henefil and on behalf of the Board of County Commissioners , Weld County , Colorado, hereinafter referred to as Weld County. WHEREAS , Weld County i ' in need of soil and/or gravel for the construction of county roads ; and WHEREAS, Owner owns certain lend on which there is soil and/or gravel suitable for use in construction of county roads . NOW, THEREFORE, Owner and Weld County agree that Weld County may use its equipment to reiove the soil and/or gravel from Owner' s land. Owner and Weld County also agree to the following provisions : (if none, write none) Weld County will pay the owner $0 . 35 per Cu. Yd. for material re- moved from said owner' s land. Weld County will • obtain State Land Reclamation Permit if necessary and will reclaim disturbed area as required by the Mined Land Reclamation Board. • • Owner WELD �0+� /, BY : �'5 ADDITIONAL PROVISIONS 1. Term of Agreement. The term of this agreement shall be from the date of execution to f fn,d/ye'jiyy/ Y pY/t/8 /17/W. December 15th, 1982 - January 1st 1984. 2. Property Description. The Owner hereby agrees to grant to the County the right to enter the following described property situat`ad in Weld County, Colorado: Thomas Pit in the SE1 of Section 1, Township S North, rPange 61 Writ 3. Royalty on Sand and Gravel. The County agrees to pay the Owner a royalty of $0 .35 per ton for all material removed during the term of this lease. Such royalty is to be paid on a monthly basis for material removed. 4 . Access . The Owner agrees to provide land for 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 termination of this agree- ment. 5. 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 said records availa- ble to Owner. for their inspection. 6 . Notices . Any notice of termination or other demand by the Owner or the County shall be in writing and forwarded by certified mail the following address : Owner : RCh Thomas i �-� 1010 Carol St. _ Ft. Morgan , CO 80701 County:Weld County Engineering Department 933 North 11th Avenue P. O. Box 758 Greeley, CO 80632-0758 AGREEMENT FOR USE OF -5-07t FOR ROAD PURPOSES THIS AGREEMENT, made this 22nd day of August , 19 &0 , by and between Robert Thomas, 1012 Main Shutt, Fort Morcan, Colorado 80701 (name and address) hereinafter referred to as "Owner" , of Thomas Pit in the SE4 of Section 1, Township 8 North, (address) Range 61 West , and the WELD COUNTY DEPARTMENT OF ENGINEERING, for the benefit and on behalf of the Board of Weld County Comissioners, Weld County, Colorado, hereinafter referred to as "Weld County". WHEREAS, Weld County is in need of earth material for the construction of County roads, and WHEREAS, Owner owns certain land on which there is earth material suitable for use in construction of County roads. NOW, THEREFORE, Owner and Weld County agree that Weld County may use its equipment to remove the earth material from Owner' s land. Owner and Weld County also agree to the following provisions: (if none, write none) Weld County will pay the owner $0.35 per ton -For material removed from said owner's land Weld County will obtain State Land Reclamation Permit if necessary and 1O11 reclaim disturbed area as required by the Mined Land Reclamation Board. 10,000 tons per year Total Estimated Quantity obert Thomas Owner 5133 Project Number WELD COUNTY , By: Wayne S. Smyth Director of Engineering Hello