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RESOLUTION
RE: APPROVE ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT WITH
DANIEL BUXMAN 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 Road Maintenance
and Improvements Agreement with Daniel Buxman, and
WHEREAS, said Agreement concerns increased truck traffic due
to a Use by Special Review Permit granted to Daniel Buxman, and
WHEREAS, after study and 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 Maintenance
and Improvements Agreement with Daniel Buxman 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 15th day of
August, A.D. , 1990 .
BOARD F COUNTY COMMISSIONERS
ATTEST: Addi i / / WELD NTY, COLO O
Weld County,0Clerk to the Board AN
. r
Gene R. Brantner, C airman
�
3Y- _�k' GYL� y12�-= c� a,' George Kennedy, Pro-Tem
Deputy Clerk to he Board
EXCUSED DATE OF SIGNING - (AYE)
APPROVED AS TO FORM: Constance L. Harbert
/7/c
C.W. Kir y
County Attorney EXCUSED
Gordon E. Lacy
B 1357 REC 02309805 11/05/92 10: 11 $0 . 00 1/003
F 1550 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
900745
-1)1- 0 59-6-
-
COUNTY OF WELD, STATE OF COLORADO
ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, by and between the County of Weld, State of Colorado,
hereinafter called "County" and Daniel Buxman, hereinafter called "Owner",
is made and entered into this 15th day of August , 1990.
WHEREAS, Owner has been issued a Use by Special Review Permit, Case
No. USR-900 for an opencut gravel mine located in Section 33, Township 6
North, Range 66 West of the Sixth Principal Meridian; and
WHEREAS, the County and Owner have reviewed proposed improvements to
the existing county road and acknowledged they will enhance the
accessibility and safety of the haul route to the above mentioned gravel
mine.
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter set forth, the County and Owner mutually agree as
follows:
1. Vehicular traffic shall ingress and egress onto Weld County
Road 29 as shown on the submitted Use by Special Review plat.
The haul route shall be from the point of ingress and egress
north to Weld County Road 64 ("O" Street).
2. The Owner agrees to maintain Weld County Road 29 from the mine
entrance to "O" Street in its present or better condition during
mining operations. Maintenance will consist of regular grading
to keep the surface reasonably smooth and to control dust.
Owner will be responsible for dust control on road when hauling
exceeds 200 ton per day. The Owner is responsible for using
dust control materials and methods consistent with any federal,
state, or local laws, rules or regulations pertaining to
hazardous materials, health or environmental protection.
3. The Owner agrees to adequately repair any damage on the Weld
County Road 29 haul route, as described above, that is created
by heavy truck traffic hauling from the gravel mine.
4. The County will be responsible for all other aspects of
maintenance, such as culverts and signs.
5. In the event adjacent lands are developed that have a traffic
impact on Weld County Road 29, further road improvements,
including paving, may be necessary. If adjacent lands are
developed as opencut gravel mines, the Owner agrees to share the
cost of paving the haul route according to the relative surface
areas proposed to be disturbed by the various opencut mining
operations. In the event development other than opencut mining
occurs, the Owner agrees to participate in a Local Improvement
District pursuant to CRS 530-20-601 et seq. to fund paving the
haul route. The Owner agrees to share in the Local Improvement
District relative to traffic generated by the various parcels
within the Local Improvement District.
B 1357 REC 02309805 11/05/92 10 : 11 $0 .00 2/003 or '' 1
F 1551 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Road Maintenance and Improvements Agreement
Page 2
6. The County agrees that the base work is a cost attributable to
the public at-large and is properly chargeable to the County
Road and Bridge Fund and that such work will be done prior to
installation of asphalt.
7. Paving will consist of a 24' wide asphalt mat placed over an
adequate gravel base. The thickness of the asphalt and base
will be determined by the Weld County Engineering Department
through standard methods of soil sampling, laboratory testing,
and pavement design procedures, as outlined by the American
Association of State Highway and Transportation Officials.
8. All construction and materials will be in accordance with the
State Department of Highways, Division of Highways, State of
Colorado Specifications for Road and Bridge Construction, 1986
Ed.
9. In the event all gravel materials are removed from the opencut
mine permitted by USR-900, and gravel hauling traffic has
ceased, the Owner will not be responsible for the terms and
conditions in this Agreement.
10. This Agreement is not intended to create any duty or cause of
action to any person not a party to this Agreement.
11. Parties agree that this Agreement shall constitute a covenant
running with the land.
IN WITNESS THEREOF, the parties herein have duly executed the
Agreement the day and year first written above.
OWNER: BOARD OF U TY COMMISSIONERS
WELD CO COLORADO
1 71,i1 e j///j /
By:A {'C
Daniel Buxman ��/�� ,r / r/Address: 30598 WCR 29 Attest: ,_47//filet ku✓ �,, -�
Greeley, CO 80634
WELD COUNTY CLERK S1,-,__°,-
TO THE BOARD
Sy; l5�-c. { a-i ici
De uty Clerk to the Board
:mwbuxag t -1,
t' �.
B 1357 REC 02309805 11/05/92 10 : 11 $0 .00 3/003
F 1552 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
MEMORAnDum
Wilk To
Clerk to the Board August 13, 1990
Date
Drew Scheltinga, County Engineer
COLORADO Fr om
Agenda Item
Subject
Please place the following item on the agenda for Wednesday,
August 15, 1990:
Road Maintenance and Improvements Agreement with Daniel Buxman
The signed agreement is attached.
DS/mw:mwagrma
Attachment
cc: Commissioner Kirby
WCR 29
Improvements Agreement File
900745
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