HomeMy WebLinkAbout911297.tiff RESOLUTION
RE: APPROVE AGREEMENT BETWEEN WELD COUNTY AND THE WINDSOR RESERVOIR AND CANAL
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 Windsor Reservoir and Canal Company, with the terms and conditions being
as stated in said agreement, and
WHEREAS, said agreement concerns mutual promises and covenants concerning
the straightening of Weld County Road 74 at the location of Thompson Lake, 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 Weld County and The Windsor
Reservoir and Canal Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 28th day of October, A.D. , 1991.
ila417
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County //Clerk to the Board Ga l,,rNte ac r airman
By: arAsolii
toeputy Clerk to the Boa Geo ,ge Kenn dy, Pro-Tem
APPROVED AS FORM: C" _ fic �✓?/C // l��!il`�
Constance L. Harbert
>10 er.�)74•67 if �
ounty Attorney C. W. Kir y
b./
W. KL-VebfiTeVr
911297
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AGREEMENT
THIS AGREEMENT, made and entered into this 21st day of
October, 1991, by and between WELD COUNTY, COLORADO, by and through
the Board of County Commissioners of Weld County, whose address is
915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to
as "Weld County, " and THE WINDSOR RESERVOIR AND CANAL COMPANY,
whose address is 106 Elm Avenue, Eaton, Colorado 80615,
hereinafter referred to as "WRCC. "
WITNESSETH:
WHEREAS, WRCC plans to eliminate the Thomson Lake from its
irrigation system, as it is located in Section 4, Township 6 North,
Range 65 West, and Section 33, Township 7 North, Range 65 West, and
WHEREAS, Weld County desires to straighten Weld County Road 74
at the location of said Lake, in accordance with the drawings which
are attached hereto as "Exhibit A" and "Exhibit B" , and
WHEREAS, the parties hereto have entered into this Agreement
with the express intention of benefitting both the shareholders of
WRCC and the residents of Weld County, Colorado.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows :
1 . TERM: This Agreement shall be in force from the date of
signing as set forth below and shall continue during the
construction of the straightened Weld County Road 74 by Weld County
to and until such time as Weld County vacates said straightened
roadway.
2 . SCHEDULE OF CONSTRUCTION: The parties hereto anticipate
the commencement of construction of the straightened Weld County
Road 74 as soon as practicable, taking into consideration the
weather and any standing water in Thomson Lake. The parties agree
that Weld County shall be under no time constraints to complete the
work of building the straightened Weld County Road 74 . Weld County
understands that WRCC is obligated to provide water by May 1, 1992,
and therefore, agrees to refrain from interfering with said water
delivery.
3 . WRCC AGREES:
A. To transfer by Special Warranty Deed a right-of-way
for public road purposes for the construction and
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use of Weld County Road 74 through the Thomson
Lake. Weld County shall survey said property and
produce a metes and bounds description prior to
transfer. The size and location of said right-of-
way is generally shown on Exhibits A and B. Weld
County shall also produce for the benefit of WRCC
metes and bounds descriptions for the remaining
Thomson Lake property owned by WRCC and located in
Section 4, Township 6 North, Range 65 West of the
6th P.M. , Weld County, Colorado.
B. To permit Weld County to excavate fill material
from the current road bed and Thomson Lake dam for
the construction of the straightened Weld County
Road 74 . Said fill material shall be approximately
45,000 cubic yards .
C. To grant to Weld County an easement to exist
concurrent in time with the right-of-way mentioned
in paragraph 3 .A. , above, for erosion control as
shown on Exhibit A. Said easement shall be
approximately 200 feet in length, both downstream
and upstream on either side of the culvert for the
Windsor Reservoir Outlet Channel, and 75 feet on
either side of the center of the Channel .
D. To grant to Weld County an easement to exist
concurrent in time with the right-of-way mentioned
in paragraph 3 .A. , above, for wetlands
establishment and maintenance as shown on Exhibit
A.
E. To grant to Weld County any necessary construction
easements for the construction of the straightened
Weld County Road 74 .
F. That the grants of right-of-way and easements
mentioned above shall be at no cost to Weld County.
4 . EROSION CONTROL: The parties acknowledge the
possibility of severe erosion in the abandoned lake bed for Thomson
Lake. The parties agree that Weld County shall only be responsible
for erosion control within the erosion control easement shown on
Exhibit A. Any erosion control outside of the easement will be the
responsibility of WRCC and/or the owner of the property where the
erosion occurs .
5 . WETLANDS MAINTENANCE: The parties agree that WRCC
shall not be responsible for the maintenance of wetlands
established in the wetlands easement shown on Exhibit A. , or
Page 2 of 5 Pages
9,1129',
elsewhere in and around Thomson Lake; however, this shall not imply
that Weld County is responsible for wetlands maintenance in any
areas outside of the easements and right-of-way mentioned in
paragraphs 3 .A. , 3 .B. , 3 .C. , and 3.D. , above.
6 . WELD COUNTY AGREES:
A. To excavate the Thomson Lake dam down to the bench
road level immediately above the Thomson Dam Outlet
Structure as shown on Exhibit A.
B. To control erosion only within the erosion control
easement shown on Exhibit A.
C. To maintain the wetlands contained in the wetlands
easement shown on Exhibit A.
D. To grade and smooth those areas in the current
roadbed and Thomson Lake dam where Weld County will
excavate fill material pursuant to the permission
provided in Paragraph 6 .B. , above.
7 . REVIEW OF PLANS: WRCC acknowledges that its engineer and
staff have reviewed the plans shown in Exhibits A and B, and WRCC
agrees that the straightened roadway, if constructed according to
the plans as they currently exist, will not impede or impair the
WRCC water delivery system.
8 . ELEVATION OF BRIDGE/CULVERT BASE: Exhibits A and B show
a bridge for the straightened Weld County Road 74 which spans the
Windsor Reservoir Outlet Channel. In order to reduce costs, Weld
County may place box culverts at said location instead of the
bridge shown on the Exhibits . The parties agree that the elevation
of the base of the bridge or culvert will be no more than three (3)
feet lower than the lip of the WRCC diversion structure shown on
Exhibit A. WRCC acknowledges that this elevation will satisfy its
requirements regarding the free flow of water through the Windsor
Reservoir Outlet Channel .
9 . PROTECTION OF WRCC PROPERTY: Weld County agrees to use
reasonable care to avoid damaging WRCC property. Weld County shall
repair or pay for the repair of any damage to said property caused
by Weld County in the course of its construction of the
straightened Weld County Road 74 .
10 . INDEMNIFICATION: Weld County further agrees to
indemnify WRCC from any and all claims, damages, and liabilities
which it may incur or which may be asserted against it by any party
as a result of injuries to person or property caused by the actions
of Weld County and/or its employees while working within the scope
of their employment in the construction of the straightened Weld
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County Road 74 pursuant to this Agreement. This indemnification
provision shall include any reasonable attorneys fees and other
costs of defense incurred by WRCC in connection with any claim.
The parties agree that during the construction, Weld County will
have exclusive possession and control of the property shown on
Exhibit A.
11 . ASSIGNMENT: This Agreement may not be assigned by
either party without the prior written consent of the other.
12 . NON-MERGER: The parties agree that this Agreement
shall not merge with any of the grants of right-of-way or easements
to Weld County.
SIG D th's /s� d of 01-414,---- 1991 .
ATTEST: �� WELD COUNTY, COLORADO, by and
through the Board of County
Y
Weld County Clerk to the Board Commission-rs of Weld County
le ie)
Deputy Clerk he Boa Gor• . La" c,Chairman iO&19,
ATTEST: WINDSOR RESERVOIR AND CANAL
COMPANY
BY:4 (Jon.S:r)/, {A SGGYfi y BY: �8,A.tn ,�7/
0 1 / President
ivSUBSCRIBED AND SWORN to before me tills o�2/3 7, of
e a-- , 1991, by ��72. oCte ar/L, nest/u�o rJt 144 _car-WITNESS my hand and official seal.
Notary P 9)X
My commission expires : A100- 3, 19N
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Page 4 of 5 Pages
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�SCRIBED AND SWORN to before me this /#5-1—
day of
,§7/ E5 tie- , 1991. by efe Gu 5T/tpSo/Li Ats/OfOT et
0/tioctlR itPsrietminge.0 egil9L ee. •
WITNESS my hand and official seal.
�s�
Notary/ u lic
My commission expires : Mya=Pals a ""'L.i,,, "
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531.1.2377"
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