HomeMy WebLinkAbout871216.tiff RESOLUTION
RE: APPROVE LICENSE FOR USE OF COUNTY PROPERTY 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 a License to allow
Ogilvy Irrigation and Land Company to use certain County property,
said property being located in Section 1 , Township 5 North, Range
65 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, Ogilvy Irrigation and Land Company wishes to use
said property to gain access to the Ogilvy Ditch in order to store
materials during the repair and reconstruction of said ditch, and
WHEREAS , the terms and conditions are as stated in the
License, a copy of which is attached hereto and incorporated
herein by reference, and
WHEREAS, after study and review, the Board deems it
appropriate to approve said License to Ogilvy Irrigation and Land
Company.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the License for
Ogilvy Irrigation and Land Company to use certain property owned
by 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 License.
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871216
Page 2
RE: LICENSE - OGILVY IRRIGATION AND LAND COMPANY
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 16th day of
September, A.D. , 1987.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COU TY OLORADO
Weld County Jerk and Recorder
and Clerk to the Board Gor , 'rman
p gee-) C. . Kirby, Pro-T
D puty County C_ rk
APPROVED AS TO FORM: ene R. r tner
EXCUSED DATE OF SIGNING - AYE
Jac eli Johnso
/County Attorney a
Frank Yamaguchi
871216
LICENSE FOR THE USE PROPERTY OWNED BY WELD COUNTY, COLORADO
THIS LICENSE, made and entered into this 11th day of
September , 1987 , by and between WELD COUNTY, COLORADO, by
and through the Board of County Commissioners of Weld County,
Colorado, 915 Tenth Street, Greeley, Colorado 80631 , as First
Party, and the Ogilvy Irrigation and Land Company, whose address
is 26002 Weld County Road 60 , Greeley, Colorado 80631 , as Second
Party.
WITNESSETH:
WHEREAS, First Party is the owner of certain lands located in
Section 1 , Township 5 North, Range 65 West of the 6th P.M. , Weld
County, Colorado, which lands are located immediately to the east
of and to the south of the present location of the Humane Society
of Weld County, and
WHEREAS, Second Party desires to use temporarily said lands
owned by First Party for the purpose of gaining access to the
Ogilvy Ditch and for the purpose of storing materials during the
repair and reconstruction of said ditch at said location.
NOW, THEREFORE, in consideration of the covenants contained
herein and the agreements of Second Party to be performed
hereunder and upon the conditions herein stated, First Party does
grant to Second Party a license to use the lands owned by First
Party in Section 1 , Township 5 North, Range 65 West of the
6th P.M. , Weld County, Colorado, and located immediately to the
south and to the east of the present location of the Humane
Society of Weld County, for the purpose of gaining access to the
Ogilvy Ditch and for the purpose of storing materials during the
repair and reconstruction of said ditch at said location.
The conditions by which Second Party may so use said lands
are as follows:
1 . Second Party may so use said lands for a period of sixty
(60) days after the beginning of said repair and reconstruction of
the Ogilvy Ditch.
371216
Page 1 of 3 Pages
2 . Second Party must leave said lands in substantially the
same condition as found prior to the beginning of said repair and
reconstruction.
3 . Second Party may dismantle part of any fence which is
now surrounding said property for the purpose of gaining access to
said lands; however, Second Party must replace said fences upon
the completion of said repair and reconstruction.
4 . First Party retains the right to revoke this License at
any time for any reason. First Party shall give written notice of
its intent to revoke this License at least ten (10) days prior to
the date of revocation. Such notice shall be sent to Second Party
by Certified Mail to the address first written above or served
upon Second Party in accordance with the Colorado Rules of Civil
Procedure. Second Party shall have the duty of informing First
Party of Second Party' s change in address from its address first
written above.
5 . Second Party shall indemnify and save harmless First
Party, its successors , assigns , employees , and agents from any
damage or loss sustained by them or any of them arising by reason
of the use contemplated herein.
6 . Second Party agrees to protect First Party and save and
hold it harmless from any and all third party claims and damages
that said use may directly or indirectly cause. Second Party
hereby releases First Party, its successors , assigns , employees ,
and agents from any and all claims and damages of whatsoever
character to property owned by Second Party resulting from any
acts, either on the part of First Party or on the part of any
third party.
7 . Second Party shall not assign any or all of its rights
under this License without first obtaining written consent to such
assignment from First Party.
8 . First Party does not in any way warrant or guarantee its
ownership of the lands described above.
871216
Page 2 of 3 Pages
It is mutually understood and agreed that this License and.
all terms and conditions hereof shall extend to and be binding
upon the parties hereto, their successors , and assigns.
EXECUTED THIS 16th day of September , 1987 .
FIRST PARTY:
"ritt,Ilecieta:° WELD COUNTY, COLORADO, and
through County
the Board O, County
ATTEST: Commissioners of Weld County,
Colorado
Weld County Clerk and Recorder
and Clerk to the Boa
By:
C � G acy, Chairman
EC puty County C rk
SECOND PARTY:
OGILVY IRRIGATION AND LAND CO.
By: J 44.1„def-cam
President
SUBSCRIBED AND SWORN to before me this 11th day of
September , 1987 .
WITNESS my hand and official seal.
Notary Public
My commission expires: 9C/F^fI
871216
Page 3 of 3 Pages
OGILVY IRRIGATING AND LAND COMPANY
1007 9th Avenue, Greeley CO 80631
Bruce T. Barker
Assistant County Attorney
P. O. Box 1948
Greeley, CO 80632
Re: License for use of lands owned
by Weld County, Colorado
Dear Mr. Barker :
Enclosed is License for use of lands owned
by the County by Ogilvy Irrigating and Land Company
which has been signed and acknowledged by Harold Wacker,
president. Please return a copy signed for the County
either to Jack Holman or the undersigned at the above
address.
Very trulyyours,
� N L//4f ch.,.-
Shirle97ayma , secretary
Enclosure !!�
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SEP 141987
A ronvc
871216
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