HomeMy WebLinkAbout860989.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN GARY L. SHEFFLER AND WELD COUNTY,
COLORADO, FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES AND
AUTHORIZE 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, Gary L. Sheffler owns certain property, located in
the SW4 of Section 5 , Township 11 North , Range 57 West of the 6th
P.M. , Weld County, Colorado, on which there is soil and/or gravel
suitable for use in contruction of County Roads , and
WHEREAS , an Agreement for Use of Soil and/or Gravel for Road
Purposes between Gary L. Sheffler and Weld County has been
presented to the Board , and
WHEREAS, after review, the Board deems it advisable to
approve said Agreement, a copy being 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 Use
of Soil and/or Gravel for Road Purposes between Gary L. Sheffler
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.
F „A/ -/ 860989
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Page 2
RE: SOIL AND/OR GRAVEL AGREEMENT - SHEFFLER
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 13th day of
October, A.D. , 1986 .
BOARD OF COUNTY COMMISSIONERS
ATTEST t a,„,1,:` -Ou' !^, ,ry WELD COUNTY, COLORADO
Weld County "C/A/ lerk and Recorder EXCUSED DATE OF SIGNING - AYE
and Clerk to the Board Jacquel 'ne */3son , hairman
'
Hay` 0r27c7yu,� (( .4 G d acy, r em
D puty County Clerk
APPROVED AS TO FORM: eneC�/R. B n
�- C-‘ e-- 2 .W. Kirby
A�
County Att rney 1 EXCUSED
Frank Yamaguchi
860989
AGREEMENT FOR USE OF SOIL AND OR GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made this 7th day of October , 1986 by and between
Gary L. Sheffler, CR Box 23-New_Raymer. CO 80742
hereinafter referred to as Owner, of SW4 Section 5, Township 11 North, Range 57 West;
Weld County Roads 135 and 132 , and the WELD COUNTY ENGINEERING DEPARTMENT,
for the benefit and on behalf of the Board of County Commissioners, Weld County,
Colorado, hereinafter referred to as Weld County.
WHEREAS, Weld County is in need of soil and or gravel for the construction of
county roads, and
WHEREAS, Owner owns certain land 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 equip-
ment to remove the soil and or gravel from Owner's land.
Owner and Weld County also agree to the following provisions (if none, write
none) :
The County Engineering Department must restrict extraction of gravel to
the existing pit area.
er
n ��� WELD COUNTY
ATTEST: (I,A,,,�y Wlatet,,v, \\tuvw IYYY�/J Ov�-
BY• o.,�
Weld County C erk & Recorder Chai
and Clerk to the Boar
Board of Weld County Commissioners
K' By: Bflt,t e .
eputy County rk
:,7
ADDITIONAL PROVISIONS
1. Term of Agreement. The term of this agreement shall be from the date of
execution to and until 5 years later, unless sooner terminated
in writing by either party. Said notice of termination must be received
at least ten (10) days prior to the stated date of termination.
2. Property Description. The Owner hereby agrees to grant to the County the
right to enter the following described property situation in Weld County,
Colorado:
sw4 Setion 5 Township 11 North. Bane 57 West;
Weld County Roads 135 and 132
3. Royalty on Sand and Gravel . The Countyagr "tt by, the Owner a royalty
of $ per yard , %O V171 ' 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 agreement.
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 available 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: Rheffler Ranch
Gary or Jim Sheffler
CR Box 23
New Rayner. CO 80742
County: Weld County Engineering Department
933 North 11th Avenue
P. O. Box 758
Greeley, CO 80632-0758
tiot‘" 111E111ORAilDUM
To Clerk to the Board Date_ October 8, 1986
COLORADO From George Goodell, Director, Road and Bridge Department ..
Subject: Sheffler Gravel Pit Agreement
Attached is a new agreement for the Sheffler Gravel Pit. Please
place this agreement on the next Board Meeting's Agenda. Once
approved, we will have Mr. Gary Sheffler sign his portion.
GG/dn
Encl.
cc: Commissioner Gordon Lacy
Engineering Gravel Pit Files: Sheffler Gravel Pit
R & B Correspondence Files: Gravel Pits
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