HomeMy WebLinkAbout910076.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR WATER BETWEEN DEAN AND BETTY BIVENS ADN WELD COUNTY 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 Water with Dean and
Betty Bivens, Keota Star Route, Box 17, Grover, Colorado 80729, for a period of
Twenty-five (25) years, with the 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 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 January, A.D. , 1991.
l 9 �i) i // 0 BOARD OF COUNTY COMMISSIONERS
ATTEST:WELD COUNTY,LO DO
Weld County Clerk to the Board
7 Gordon . cy, ai , n
By: / .4, ri--C%yr� (EXCUSED)
Deputy Clerk to the Board Geojge Kennedy, P o-Tem
C/
APPROVED AS 0 FORM:
ons ance L. Harbert
Zfeed r
County Attorney C. W. Kirby
W. (17.6We lNaltai
! 910076
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AGREEMENT FOR WATER
THIS AGREEMENT, made and entered into this day of
December, 1990 , by and between the COUNTY OF WELD, by and through
the Board of County Commissioners of the County of Weld, Colorado,
hereinafter referred to as "County, " and whose address is 915
Tenth Street, Greeley, Colorado 80631 , and DEAN and BETTY BIVENS,
hereinafter referred to as "Bivenses" whose address is Keota Star
Route , Box 17 , Grover, Colorado 80729 .
WITNESSETH:
WHEREAS,. the Bivenses currently own Lot 8 , Block 20 , First
Addition to the Town of Keota, Colorado, according to the plat map
recorded Reception No. 0283403 in the Office of the Weld County
Clerk and Recorder , on which they have a mobile home which they
now occupy, with said Lot 8 being hereinafter referred to as
"Property" , and
WHEREAS , the Bivens ' home currently serviced by a water line
from a water well and pump owned by the Town of Keota, Colorado,
and
WHEREAS, on or about November 16 , 1990 , the Weld county
Attorney, Thomas O. David, petitioned the Colorado Secretary of
State to issue an Order which will state that the Town of Keota
has been abandoned pursuant to the requirements set forth in
Section 31-3-201 (1) , C.R.S. , and
WHEREAS , pursuant to said Order by the Colorado Secretary of
State, the ownership of a water well , water pump, and water lines
currently owned by the Town of Keota will transfer to County, and
WHEREAS , the Bivenses wish to retain the water service
provided by said well, pump, and lines , and
WHEREAS, County has agreed to continue said water service to
the Bivens property in consideration for continued routine
maintenance of said water system by Dean Bivens.
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 effect for a period of
twenty-five (25) years from the date of signing herein
and may be renewed at the end of such period by the
Bivenses , their heirs , executors , and assigns , or their
successors in interest to Property, upon the consent of
both parties .
Page 1 of 3 Pages 91007x,
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2 . TERMINATION: This Agreement will terminate at the end
of the period stated in paragraph 1 above , or if the
mobile home located upon Property is not used as a
full-time residence for a period of 're ��rZ.. orlsecutive
W
months , whichever event occurs soone yy
3 . WATER SERVICE: County agrees to continue to provide
water to the Bivens ' mobile home located on Property for
the term of this Agreement.
4 . SERVICES TO BE PERFORMED BY DEAN BIVENS : The Bivenses
agree that in consideration for said water services,
Dean Bivens shall continue to provide routine
maintenance for the water system' s well , pump, and
piping, and shall notify County of the need for repair
to any and/or all portions of said system.
5 . AGREEMENT CONDITIONAL: This Agreement shall be
conditioned upon the order of abandonment for the Town
of Keota , Colorado, being signed by the Colorado
Secretary of State.
M w 11 `l t
SIGN . this �g day of December, 1990 .
ATTEST= /� yIT COUNTY OF WELD , by and through
(/ the Board of County Commis-
Weld County Clerk to the Board sioners of the County of Weld,
Colorado
By: (GR/(,,44-1Jc ma By
Deputy County Clerk ` / , Chairman
SIGNED this day of Q. 19
SiJ-ot.n g�
Dean Bivens
SUBSCRIBED AND SWORN to before me this day of
, 19
WITNESS my hand and official seal.
Notary Public
My commission expires :
Page 2 of 3 Pages
q i 00%
SIGNED this day of �— p , 19
Betty Bivens
SUBSCRIBED AND SWORN to before me this day of
, 19
WITNESS my hand and official seal.
Notary Public
My commission expires:
Page 3 of 3 Pages
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