HomeMy WebLinkAbout870261.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND FARMERS RESERVOIR
AND IRRIGATION COMPANY 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 , the Board has been presented with an Agreement
between Weld County and the Farmers Reservoir and Irrigation
Company concerning the replacement, by Weld County, of Bridge
46/49A with a box culvert, and
WHEREAS, said Bridge is located on the East Neres Canal on
County Right-of-Way known as Weld County Road 46 , and
WHEREAS, the terms and conditions are as stated in the
Agreement, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Agreement between
Weld County and the Farmers Reservoir and Irrigation Company
concerning the replace of Bridge 46/49A with a box culvert be, and
hereby is , approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Agreement.
870261
Page 2
RE: AGREEMENT - FARMERS RESERVOIR & IRRIGATION CO.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
April , A.D. , 1987.
BOARD OF COUNTY COMMISSIONERS
ATTEST; Otu � WELD CO OLO ADO
�ur •
Weld County Clerk and Recorder
and Clerk to the Board G d Lac , irman
u
BY _ Gcyx�r—�� C.W. Ki by, P o-Tem
D puty County C rk it APPROVED AS TO FORM: Gen . Bran ne 4L
c, /L ___
J cquline o nson
c
County Attorney EXCUSED
Frank Yamaguchi
870261
AGREEMENT FOR CONSTRUCTION OF BOX
CULVERT OVER IRRIGATION CANAL
�FIIS AG)EEMENT, made and entered into this 4 day of
$/� iii , 1987 , by and between the Farmers Reservoir
an rigation Company, 80 South 27th Avenue, Brighton, Colorado
806 , hereinafter referred to as "Irrigation Company, " and Weld
County, by and through the Board of County Commissioners of Weld
County, Colorado, 915 Tenth Street, Greeley, Colorado 80631 ,
hereinafter referred to as "County. "
WITNESSETH:
WHEREAS, Irrigation Company is the owner of an irrigation
canal known as the "East Neres Canal, " located in Weld County,
Colorado, and
WHEREAS, County currently owns and maintains a County
right-of-way, known as Weld County Road 46 , which traverses the
East Neres Canal over a bridge known as "Bridge 46/49A, " and
WHEREAS, County currently has a statutory duty to maintain
said Bridge 46/49A, pursuant to Section 43-5-305 (1) and Section
37-84-106 , CRS, and
WHEREAS, County wishes to replace said Bridge with a box
culvert and Irrigation Company agrees to said replacement in
accordance with the following terms and conditions.
NOW, THEREFORE, consideration the promises and mutual
covenants contained herein, the parties hereto agree as follows:
1. That County shall remove the existing Bridge 46/49A and
install a new aluminum box culvert, a diagram of which is shown in
the attached Exhibit "A. "
2. That Irrigation Company acknowledges that the aluminum
box culvert, as shown in the diagram in Exhibit "A, " is acceptable
to said Irrigation Company. 46/.8T
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3. That County shall replace said Bridge with
the aluminum box culvert at a time when the Canal is dry. County
will notify Irrigation Company by telephone of the commencement
date and the completion date of said construction.
4. That in removing said bridge and laying and constructing
said aluminum box culvert, and thereafter in repairing,
maintaining or removing the same, County agrees to do so in such
manner as not to damage said canal or the embankments thereof and
so as not to interfere with the flow of water in said Canal.
County agrees that any excavations made shall be immediately
Page 1 of 2 Pages 87261
leveled off, and any damage to said canal and its embankment, or
any fences, roads, or other improvements adjacent thereto and
owned by Irrigation Company, shall be promptly repaired by County
at its sole cost to the satisfaction of Irrigation Company.
5 . That County shall maintain said aluminum box culvert
after its construction as required by Section 43-5-305 (1) and
Section 37-84-106 , CRS.
It is mutually understood and agreed that this agreement and
all terms and conditions hereof shall extend to and be binding
upon the parties hereto, their successors and assigns .
Executed in duplicate the day and year first above written.
ATTEST: ‘Illa,,, w- BOARD OF COUNTY COMMISSIONERS
" /� WELD C U TY COLORADO
C Weld County erk and Recorder
and Clerk to the Gard
l r cy, fran
D puty County Clerk
ATTEST: 5 FARMERS RESERVOIR AND
9 a a ,. IRRIGATION COMPANY
(I 442.74 ,c,1_2*>---_ ___,e.,,c_.Th7"-edkL-
�SUBSCRIBED AND SWORN to before me this 6 day of
1 1987.
WITNESS my hand and official seal.
otary Pu
y Pu bllicQ� 4-.4
�
My commission expires:
A Inc
4li7 80601
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Page 2 of 2 Pages 870261
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