HomeMy WebLinkAbout890046.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN NORTHWESTERN MUTUAL LIFE INSURANCE
COMPANY, CORNHUSKER FARMS; AND WELD COUNTY 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, Northwestern Mutual Life Insurance Company,
Cornhusker Farms; owns certain property, located within Section 3 ,
Township 3 North, Range 61 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 between Northwestern Mutual Life
Insurance Company, Cornhusker Farms; and Weld County for use of
soil and/or gravel for road purposes has been presented to the
Board, and
WHEREAS, after review, 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
Northwestern Mutual Life Insurance Company, Cornhusker Farms; and
Weld County for use of soil and/or gravel for road purposes be,
and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
890046
Page 2
RE: .AGREEMENT - USE OF SOIL AND GRAVEL
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 9th day of
January, A.D. , 1989 .
, BOARD OF COUNTY COMMISSIONERS‘7112/M �t,�ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board C.W. Kirby, Chairman
/ .` __ _ _BY: 42 Vque%ne o nson, Pro-Tem
Deputy County Clerk
EXCUSED
APP OVED A TO FORM: Gene R. Brantner
George Kenn y
County Attorney
Go7 cry/
890046
AGREEMENT FOR USE OF SOIL AND/OR GRAVEL FOR ROAD PURPOSES
THIS AGREEMENT, made this 1st day of December, 1988, by and between
North Western Mutual Life Cornhusker Farms, P. 0. Box 101, Roggen,
Colorado 80652 hereinafter referred to as "Owner" of the property in
Section 3, Township 3 North, Range 61 West of the 6th Principal Meridian,
and the WELD COUNTY ROAD & BRIDGE 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 theOli
construction of county roads, seat being County Road 386 and Chappleton Nth, between
Interestate I-76 and Highway #34. 1-4me
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 additional provisions:
After material is removed, a 3:1 or 4:1 slope will be obtained. Sure
cut will be smooth and no holes will be left. Weld County will maintain
the haul road while working is being done.
t� • WELD COUNTY, COLORADO, by and through
ATTEST: lt '�' ��" '-4•3 the Board of County Commissioners of
Weld County
Weld County Clerk and Recorder /1/742/..e
and Clerk to the Boa By:
( •
� ) C. W. Kirby, C airman
By• AC/
puty County Cl k
0w rC �
Northwestern Mutual Life Iffsurance Co.
SUBSCRIBED AND SWORN to before me this 20th day of
December , 19 88 , by Charles R. Gregory •
WITNESS my hand and official sealSic
/LX.P
My commission expires: September 6, 1989.
Page 1 of 2 Pages
890046
ADDITIONAL PROVISIONS
1. Terms of Agreement. The term of this agreement shall be from the date
of execution to and until six (6) months later, unless sooner
terminated in writing by either party. SgggxtRigt4gxg$xSgNM*NxKUgNx 13
mustxtaxXX ±xXdxxiximaxkxkRxx*kMIxIflzximinxxkMxth&x4kflcadviaimonf �t}r
trtwa* in= This agreement will automatically terminate 6 months after
date of execution.
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:
Section 3, Township 3 North, Range 61 West of the 6th Principal
Meridian.
3. Royalty on Sand and Gravel. The County agrees to pay the Owner a
royalty of $0.25 per cubic yard 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 to the
following address:
Northwestern
Owner: Nest#i-Westeca-Mutual Life Ins Co
Cornhusker Farms
P. 0. Box 101
Roggen, Colorado 80652
County: Weld County Road & Bridge Department
933 North 11th Avenue
P. 0. Box 758 at-
Greeley, Colorado 8063 . (_t
7. Said dirt/materials to be removed from Section , Twp 3 No, Rge 61 West of the 6th
P.M. are to be used only for rebuilding or resurfacing county road #386 and
Chappleton Lan4 situated between I-76 and Highway #34 only. Said materials are
not to be used on any other roads.
Page 2 of 2 Pages
:agu
890046
One Park Central,Suite 1445
1515 Arapahoe Street rtr ern
Denver,Colorado 80202
Telephone: 303 893-0111 mutual
REAL ESTATE INVESTMENT OFFICE t-�
p I lni771t, 7n n
Charles R. Gregory, Senior Real Estate Officer ...
DEC221988 I
pc�
December 20, 1988 WELD CGaar
Mr. George Goodell
Director
Weld County Department of Road and Bridge
P. 0. Box 758
Greeley, Colorado 80632
RE: Agreement for Soil Use
Dear Mr. Goodell:
Attached please find the original Agreement for material use on
property in Weld County. One both page one and two we have made
changes to the language of the document. We request that you
initial the changes, have the document signed by the chairman
and return one copy to us for our files.
Sincerely,
Charles R. Gregory
Senior Real Estate Officer
CRG:kl
Attachment
890046
THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY•Milwaukee
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