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HomeMy WebLinkAbout930251.tiff RESOLUTION RE: APPROVE ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT WITH CONQUEST OIL 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, by Resolution dated February 10, 1993, a Special Review Permit (USR #996) for a brine water disposal facility located in part of the SEI SE;, Section 8, Township 4 North, Range 64 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, in order to meet a certain Condition of Approval of said Permit, the permit holder has presented the Board with a Road Improvements and Maintenance Agreement between Conquest Oil Company and County of Weld, State of Colorado, with the 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 Road Improvements and Maintenance Agreement between Conquest Oil Company and County of Weld, State of Colorado, 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 22nd day of March, A.D. , 1993. pppet? BOARD OF COUNTY COMMISSIONERS /�y ATTEST: � °'I/1/6Z w WELD COUNTY, COLORADO Weld County Clerk to the Board Constance L. rbert, Chairman BY: i(QQD r C I vo, ,, \/ EUL? iH-1 73 DeputyL erk to the Board W. . Webster, $ro-Tem APPROVED AS TO FORM: R 447 / J eorge . Baxt r County Attorney Dale K. Hall 4;24 jed-d (4 whin. ,, Barbara J. Kirkme1 r PL0897 930251 r � �J� 0'). ! (J� � ( S '4 °. (c :r � AR23263O1 COUNTY OF WELD, STATE OF COLORADO ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this?)Gday of r b `- , 1993, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and CONQUEST OIL COMPANY, hereinafter called "Conquest". WHEREAS, Conquest has applied to the County for a Use by Special Review Permit for a brine water disposal facility located in part of the SE-1/4 SE-1/4, Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado, WHEREAS, said brine water disposal will generate increased truck traffic, and WHEREAS, the County road serving the property will not efficiently support the increased truck traffic, and WHEREAS, the County and Conquest have reviewed proposed improvements to the existing County roads and acknowledged they will enhance the accessibility and safety of the haul route to the above-mentioned brine water disposal facility. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and Conquest mutually agree as follows: 1. The designated haul route to be improved will be WCR 46 from WCR 53 to the far west end to the facility (approximately 1,000 ft.). 2. The improvements will consist of adequately grading the road, applying 3" of road base material, and applying magnesium chloride to manufacturers recommendations. 3. Conquest will furnish the necessary base material, magnesium chloride, equipment, and labor. 4. Maintenance will consist of regular grading and magnesium chloride applications and/or additional road base to keep the surface reasonably smooth and to control dust as determined by the Weld County Engineer. Conquest is responsible for using materials and methods consistent with any federal, state, or local laws, rules, or regulations pertaining to hazardous materials, health, and environmental protection. 5. The County will attempt to coordinate its road grading schedule and provide grading services on the designated haul route if the County can reasonably do so. B 1375 REC 02326901 03/30/93 15:49 $0 .00 1/002 F 1678 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930251 6. All construction and materials shall be in accordance with the State Department of Highways, Division of Highways, State of Colorado, Standard Specifications for Road and Bridge Construction 1986. 7. The County will provide testing and inspection of the construction. 8. All vehicles hauling water to the facility will be restricted from traveling east of the facility on WCR 46. All traffic to the facility will be west on WCR 46 from WCR 53 with the exit route being east on WCR 46 to WCR 53. 9. The Use by Special Review Permit stipulates that the designated haul route be reviewed after one year and, if the Board of Commissioners deems it necessary, paving of the road may be required. If pavement is required, the County agrees to grade the road and lay the proper amount of road base. Conquest agrees to purchase the asphalt and provide the labor and equipment to lay it. IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first-above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO CONQUEST OIL COMPANY r. BY � 74Creare a/11ik BY: • C ,3 • D3/a93 V "E T;tS ATTEST: a r i Weld County r t E. \\4 Clerk to the Board BY: SIB- -7sIC-MULCIA-} B 1375 REC 02326901 03/30/93 15:49 $0 . 00 2/002 F 1679 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 930251 mEmoRAnDum WilkTo Clerk to the Board Date March 16, 1993 COLORADO From Drew Scheltinga, County Engineer subject:Agenda Item Please add the following to the Board's agenda: "Road Maintenance Agreement with Conquest Oil Company" Appropriate documentation is attached. DS/pds:ctb2 Attachment cc: Commissioner Baxter File 930251 Hello