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RESOLUTION
RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND VARIOUS LANDOWNERS
CONCERNING THE REROUTING OF LONE TREE CREEK AT WELD COUNTY
ROAD 64 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, certain landowners, with property adjoining Lone
Tree Creek, are requesting the rerouting of said Creek through
their property and across Weld County Road 64, and
WHEREAS, the Board is desirous of facilitating drainage
through and under Weld County Road 64 in the vicinity of Lone Tree
Creek in a manner which will protect its road right-of-way and not
adversely affect adjoining landowners, and
WHEREAS, an Agreement between Weld County and those
landowners has been prepared providing for the rerouting of Lone
Tree Creek to facilitate drainage, with the terms being as stated
in the Agreement, and
WHEREAS, 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 between
Weld County and various landowners regarding the rerouting of Lone
Tree Creek be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
Page 2
RE: AGREEMENT - WELD COUNTY ROAD 64
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
October, A.D. , 1985 .
BOARD OF
ATTEST at.?ito WELD COUNTY,� COMMISSIONERS
COLORADO
Weld County 'Clerk and Recorder \ �
and Clerk to the Board J: dine nson, Chairman
071 jCaTh tene R. B a n -Tem
D puty County C erk
APPROVED AS TO FORM: C.W. 1 - . '
. P-a-Ga0 G . a
r
County Attorney �
Fr•k a 1
AGREEMENT FOR WELD COUNTY ROAD 64
THIS AGREEMENT made this 30th day of October, 1985 , by and
between the Board of County Commis oners of the County of Weld, a
body politic, and John E. Ehrlich, Betty J. Ehrlich, Farr Farms,
Inc. , Arthur N. Francen, Jeanette S. Francen, Henry Printz, Jr. ,
Mary Lou Printz, Jr. , Gerald L. Roth, Janet M. Roth, Harold R.
Uhrich, Co. , and Emma Uhrich, Co. , landowners adjoining Lone Tree
Creek and County Road 64 , in Sections 30 and 31 , Township 6 North,
Range 64 West of the 6th Principal Meridian.
WHEREAS, said landowners are desirous of rerouting said Lone
Tree Creek through their property and across Weld County Road 64 ,
to facilitate drainage, and
WHEREAS, the Board of County Commissioners of the County of
Weld, is desirous of facilitating drainage through and under Weld
County Road 64, in a manner which will best protect its road
right-of-way and yet not adversely affect adjoining landowners.
NOW, THEREFORE, in consideration of the mutual covenants and
stipulations herein expressed, all parties agree as follows:
1 . Lone Tree Creek will be diverted from its current
channel, which will be shortened by the installation of a new
bridge as shown on Exhibit "A" attached hereto and incorporated
herein by reference •as though fully set forth.
2. The Board of County Commissioners of the County of Weld,
shall bear full responsibility for controlling erosion along the
right-of-way of Weld County Road 64 and the landowner parties
hereto shall bear full responsibility for controlling erosion over
any new or existing channels through their respective properties.
3. The Board of County Commissioners of the County of Weld,
shall install a thirty inch tube or culvert across the old
channel, at the point of the now existing bridge, which bridge
shall be removed.
4. The Board of County Commissioners of the County of Weld,
agrees not to disturb the elevation of Weld County Road 64 between
the old bridge and the new bridge. All parties hereto, however,
acknowledge that in time of severe flooding, waters will continue
to flow across Weld County Road 64 as they have done in the past;
no representations have been made to any party hereto and no party
is relying on any representations that flooding will be, in any
way, alleviated by the changes agreed to herein.
5 . All construction, labor, and installation of materials
will be borne by the Board of County Commissioners of the County
of Weld.
!_J L2
IN WITNESS WHEREOF, the parties have executed this Agreement
at Greeley, Colorado, the day and year first above written.
+ BOARD OF COUNTY COMMISSIONERS
ATTEST: � C /�,n,/ WELD COUNTY, COLORADO
Weld County-C erk-and Recorder ti &c , ' ,p,nr -----
and Clerk.'to't}re ,B -rd J.: , _. ine o nson, Chairman
By: _ /*A.' //V - , �dP_ /A�t I i
Deputy fours.\ • rk G e R. Bran ner, Pro-Tem
APPRO AS TO ORM: f ,
C. W. ' 'r Ik
l
County Attorney
Go
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a k Yamagu/ ie
tic,O7-,
John E. EhrlicW7
•
SUBSCRIBED AND SWORN to before me this j',Q day of
(e4, „23.52,e> , 1985.
WITNESS my hand and official seal.
C � -o-d-ze�
Notary Public
//-
My commission expires: _5"---,Z3 'd'9 , c toC3/
J is
Bett Erlicdch -d,g,
SUBSCRIBED AND SWORN to before me this ,..2g_4.1day of
a./e�. v , 1985 .
l
WITNESS my hand and official seal.
se
' Notary Public
My :commission expires: ..57-011.7 -0i79 9`3S // -
1.. /,1€ , ,
c 8a C- /
�SUBSCRIBED AND SWORN to before me this .S/- day of
,v , 1985 .
WITNESS my hand and official seal.
Notary Publ�i'c
•
933 '/// // - v
My commission expires: .5-o2,3 -Ay %. /Age,t erfa63i
74 Uhrich,
Company
gSUBSCRIBED AND SWORN to before me this ,_01/5day of
v , 1985.
WITNESS my hand and official seal.
Notary 171'
N /� DG
My commission expires: S-�3 -er �' 8'063/
Emma Uhrich, Company
' /46
UB SCRIBED AND SWORN to before me this d?� day of
r'�00 , 1985 .
WITNESS my hand and official seal.
Notary Public
My commission expires: t6102....?-67 x.33 //
arr ar s, nco porated
SUBSCRIBED AND SWORN to before me this 23rd day of
October , 1985 .
WITNESS my hand and official seal.
tary Pu lic
_
39 Ward Drive
My commission= expires: Greeley, CO 80634
•MybommissioiTE oires Oct 1,1989 CAE"-
Arthur N. rance
AND UBS SWORN to before me this rn,,,y, day of
4�c.Ce,„CRIBED , 1985.
WITNESS my hand and official seal.
Notary Public
My commission expires: Sfl tr
-ararral
eanette Z. Francen
SUBSCRIBED AND SWORN to before me this day of
, 1985 .
WITNESS my hand and official seal.
Notary Publ c
My commission expires: -er 9.g_3
1r- at/
`,�,_, /„ a 8063(
. . .
Henry rintz , Jr'
()SUBSCRIBED AND SWORN to before me this .�?SO( day of
, 1985 .
WITNESS my hand and official seal.
CFIntrCrt\----__
Notary Pub is a793 9K //-
My commission expires: .-,28 -F9 806.x/
127I Art, Q�,�t
Mary o Printz, Jr.
SUBSCRIBED AND SWORN to before me this 07$.J day of
4/.9. n,teu) , 1985.
WITNESS my hand and official seal.
Notary Public
�j X33 /7 4
My commission expires: ..5=02,9-1477 0?3G7 � ley C' crG/
Jerrold L. Roth
GEER).Q.j c(R
yj SUBSCRIBED AND SWORN to before me this � day of
, 1985.
WITNESS my hand and official seal.
- Notary Public
4
My commission expires: c-a3-77 933 L // aJ
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EXHIBIT " A "
itsVe47 mEmORAnDU
Wi`D e County
Attorney's office
To Mike Kelley
Date October 2 , 1985
COLORADO From George Goodell , Road & Bridge Director
Subject: Agreement on Weld County Road 64
. Attached is the Agreement on CR 64 with the notarized signatures.
The names on the signature pages were corrected. As discussed,
the names on the front page also need to be corrected accordingly.and re-typed.
I though you would like to correct the word principle to principal .
A list of the landowners is attached in order that an executed
copy could be sent to each of them, upon the approval of the Board.
Should you have a question or need further information, please
contact me.
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