HomeMy WebLinkAbout851145.tiff RESOLUTION
RE: APPROVAL OF AGREEMENT BETWEEN JOHN PETERS 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 , John Peters owns certain property, located within
Section 27 , Township 12 North, Range 63 West of the 6th P.M. , Weld
County, Colorado, on which there is soil and/or gravel suitable
for use in construction of County Roads, and
WHEREAS, an agreement for use of soil and/or gravel for road
purposes between John Peters 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
Commissioners of Weld County, Colorado, that the agreement for use
of soil and/or gravel for road purposes between John Peters 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.
851145
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Page 2
RE: SOIL AND/OR GRAVEL AGREEMENT - PETERS
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 21st day of
January, A.D. , 1985 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: �jfyy /1 -lY „w/ WELD COUNTY, COLORADO
Weld County CYerk and Recordero
and Clerk to the Board J quine Jknson Chairman
�" '� EXCUSED
BY: /� ) 9 Gene R. Brantner, Pro-Tem
DeputytCounty Jerk
APPROVED AS TO FORM: C.W. i
CMCL-1 6P-aQo a y
County Attorney / /71
Frank am gu
AGREEMENT FOR USE OF SOIL > ND/OR G3:.'-\VEL FOR ROAD PURPOSES
THIS AGREEMENT, made this 7th day of January , 1929 ,
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by and between Weld County and John Peters
hereinafter referred to as Owner, of Peters Pit, P. O. Box M.
(Address)
Carpenter, Wyoming , and the WELD COUNTY DEPART—
MENT OF ENGINEERING, 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 equipment 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 access road is a County maintained road and the County will automatically
keep it up. There is no over burden to be removed. As we work the pit we
will slope the banks to a four to one slope.
The County will obtain any necessary permits from the State Mined Iand
Reclmation Board, as well as any appropriate Special Use permit
granted by the "
e Weld County Planning Commission
� i_
/ ( /f y' ��(^�- L
azza
Owner
WELD COUNTY
3 ", _.,, ha man
o ,
1. Term of Agreement. The term. of this agreement shall be
from the date of execution to and until 5 years
later.
2 . Property Description. The Owner hereby agrees to grant
to the County the right to enter the following described
property situa : d in Weld County, Colorado :
Peters Pit 10.0 acres _within Section 27 T12N, R63W, (Weld County Rd 71
and 1361/2 ) —_
3 . Royalty on Sand and Gravel . The County agrees to pay the
Owner a royalty of 0.45 per cubic yard
for all material remcvad c.uriitio the term of this lease .
Such royalty is to be paid on a -,,.onthly 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 frcm said described lands
and will, at all reasonable times , make said records availa-
ble ' to Owner. f_or 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 :
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Owner: _ John Peters AL.�rua�^,
Peters 313 Ranch - cd� lam„
•
P. 0. Box Fl
Carpenter, WYO
County:Weld County Engineering Department
1 Avenue
NorthNorth _. t. _ venue
o. O. Fox 753
Greelev CO 80632-0756
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