HomeMy WebLinkAbout940689.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF EARTH MATERIAL FOR BARROW WITH DAN
MILLER, DBA THE BEAR RANCH, 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 for Purchase of
Earth Material for Barrow between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Weld
County Public Works Department, and Dan Miller, dba The Bear Ranch, for the
construction of Weld County Road 392 from abandoned railroad right-of-way in
Section 35, Township 7 North, Range 63 West of the 6th P.M. , Weld County,
Colorado, with further terms and conditions being as stated in said agreement,
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 for Purchase of Earth Material for Barrow
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Public Works
Department, and Dan Miller, dba The Bear Ranch, 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 25th day of July, A.D. , 1994.
BOARD OF COUNTY COMMISSIONERS
ATTEST: AirtillAda.444 WELD COUNTY, OLORAD
Weld County Clerk to the Board
,W.., ebster, ha' an
BY:��
Deputy C k to the Boarder Dale K. Hall, Pr -Tem
APPR AS TO FORM: EXCUSED
George E. Baxter /
Co yAttoo ey rnnstance Harbert
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
940689
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AGREEMENT FOR PURCHASE OF EARTH MATERIAL FOR BARROW
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This Agreement made and entered this MP day of .S01.1 , 1994, by and
between Weld County, Colorado, by and through the Board of County Commissioners
of the County of Weld, Colorado, hereinafter referred to as the "County" and
Dan Miller doing business as (dba) The Bear Ranch hereinafter referred to as
the "Owner" .
WHEREAS, the "County" wishes to purchase from the "Owner" earth material
for the construction of Weld County Road 392 that is located in the abandoned
railroad right-of-way in Section 35 of Township 7 North, Range 63 West of the
6th Principal Meridian, and,
WHEREAS, the "Owner" wishes to sell to the "County" the earth material
for the consideration mentioned below.
WITNESSETH:
That in consideration of the payment by the "County" to the "Owner" of the
total sum of Three Thousand Five Hundred Twenty Dollars and no/100 ($1. 520.00) ,
in cash and other valuable considerations, the "Owner" agrees to sell to the
"County" 17,600 cubic yards of earth material for borrow.
This agreement is subject to the following conditions:
1. No additional right-of-way will be required from the "Owner" . The
"County" will Quit Claim to the "Owner" those portions of the
abandoned railroad right-of-way adjacent to the "Owner's" property
that were not retained for the right-of-way of Weld County Road 392.
2. The "Owner" will allow the "County" or its contractor to enter the
abandoned railroad right-of-way to remove 17,600 cubic yards of earth
material to construct Weld County Road 392.
3. The two cottonwood trees located approximately 600 feet south of Weld
County Road 71 will not be disturbed.
940689
4. All areas in the abandoned railroad right-of-way where earth material
is removed will be replanted in accordance with the seed
recommendation by Harvey Fryberger of Sharp Brothers Seed Company as
follows:
COMMON NAME 7.RS PT.S/ACRF
Western Wheat Native 4
Pubescent Wheat Lund 6
Crested Wheat Standard 1
Sand Drop 1/2
Sideoats Grama Native 3
Sand Bluestem Woodward 5
Weld County will guarantee the reseeding to replace grasses of a like
kind and condition that existed prior to the barrow material being
removed.
5. The County will establish the new northerly right-of-way line for
Weld County Road 392 and install property pins.
6. The County will install a new four-wire right-of-way fence on the
north line of Weld County Road 392 in accordance with State Highway
Construction Standards. The existing fence on the northerly boundary
of the abandoned railroad right-of-way will remain in order to keep
cattle off the newly reseeded barrow area. The "Owner" will be
responsible for removing the old fence when the grasses in the barrow
area are established.
7. This writing is the extent of agreement herein and no other oral or
written statements or representations accept for those herein are
part of this agreement. Anything not covered by this agreement will
be dealt with on a case-by-case basis in a timely manner so no delay
will occur.
2
940689
7Th ���
IN WICWO
S WHEREOF, the parties have subscribed their names this '&56day of/ c, i3�r 1994.
ATTEST: a WELD COUNTY COLORADO, BY AND
E r1, THROUGH THE BOARD OF COUNTY
COMMISSIONERS
W.H. Webster, Chairman 0.7b7/44/
Weld County Clerk to the Board
By: tk M .,3
Deputy C rk to the Board
THE FOLLOWING SECTION TO BE COMPLETED BY THE "OWNER"
Owner accepts the above proposal this in day of _So l�/ , 1996C.
BICA4Ae WIC)
Dan Miller
WITNESS
On if C.-Leti ✓t aei
DS/fc:earth
3
940689
,. il'AL 19 '94 0906 INTRASE^:H (303)770-6908 P.2
'1�� USHIUT WIIS1 � .
Greenwood Plaza • 5351 So, Roslyn St. • Englewood,CO 80111 • 303/740-9443
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTIONS 26 AND 35, TOWNSHIP
7 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
WELD COUNTY, COLORADO, SAID PARCEL BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 26, TOWNSHIP
7 NORTH, RANGE 63 WEST OF THE SIXTH PRINCIPAL MERIDIAN;
THENCE N 00'23'01" I ALONG THE EAST LINE OF SAID SECTION 26, '
A DISTANCE OF 295.53 FEET;
THENCE AT A RIGHT ANGLE TO SAID EAST LINE, N 89'36'59" W,
A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY
LINE OF THE FORMER MAIN TRACK OF THE UNION PACIFIC RAILROAD
COMPANY'S GREELEY BRANCH, SAID POINT ALSO LYING ON THE WESTERLY
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD #71, AND THE TRUE POINT
Ot BEGINNING;
THENCE S 45'47'50" W, A DISTANCE OF .2909.63 FEET:
THENCE S 44'12'10" E, A DISTANCE OF 29.99 FEET;
THENCE N 45''55'14" E, A DISTANCE OF 12.64 FEET TO
APOINT OF CURVE;
THENCE ALONG A CURVE TO THE RIGHT, HAVING A DELTA ANGLE OF
08'31'30" AND A RADIUS OF 1984.86 FEET, AN ARC DISTANCE OF
290.86 FEET TO A /POINT OF TANGENCY;
THENCE N 54'26'44" E, A DISTANCE OF 363.14 FEET TO
A POINT OF CURVE;
THENCE ALONG A CURVE TO THE LEFT, HAVING A DELTA ANGLE OF
08'37'29" AND A RADIUS OF 1864.86 FEET, AN ARC DISTANCE OF
280.71 FEET TO A POINT OF TANGENCY;
THENCE N 45'49'15" E, A DISTANCE OF 1841.63 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
SAID WELD COUNTY ROAD #711
THENCE N 00'23'01" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 180.86 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINS 318323 SQUARE FEET, OR 7.3077 ACRES, MORE OR LESS.
BEARING BASIS: THE EAST LINE OF SECTION 26, TOWNSHIP 7
NORTH, RANGE 63 WEST. THE SOUTHEAST AND NORTHEAST SECTION
CORNERS ARE KONUMENTED WITH 2?" ALUMINUM PIPES WITH 31/2"
ALUMINUM CAPS, MARKED PLS #7242 - 1989.
PREPARED JULY 18, 1994 BY L.J. LUDEMAN, PLS.
940689
ottolits
mEmORAnDUm
Clerk To The Board
0 To Board of County Commissjs�ioners Datduly 18, 1994
CO e,x ADO From Denny M. Graham g �/''/r I
Subject: Agreemr nt For Purchase of Earth Material
Enclosed is the signed "Agreement For Purchase of earth
Material For Borrow " from Mr. Dan Miller for our W.C.R.
392 Project, along with the description of the abandonment.
Please have them executed, returning one to this office for
copy and transmittal to Mr. Miller.
:DMG:miller
Encl. :Commissioner Kirkmeyer
Drew Scheltinga
File W.C.R. 392
940689
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