HomeMy WebLinkAbout930943.tiff t'" 6999 York Street
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SIEGIiIST COMPANIES r
Paving,Heavy Engineering&Construction
March 17, 1993
Weld County
Board of Commissioners
P. O. Box 758
Greeley, Colo. 80632
Ref: Weld County Planning Commission Case Number USR-999
Greetings:
The above application by Weld County relates to a land sale by one of our
partnerships to Weld County for a gravel mining operation. Included in this
land sale was an agreement that Weld County would "assist the seller in
preparing said application(s)". Weld County has applied for the necessary
approvals for the benefit of transferring the land parcel to an existing MLRD
permit which currently is in effect.
In order for the transaction to be complete, it is necessary to amend
Siegrist's two(2) MLRD permits to exclude the property sold to Weld County.
We are enclosing the following information:
1. Weld County Planning Commission Agenda 3-16-93
2. St. Vrain Land Company letter to Weld County, Attn: Don Carroll
3. Copy of Page 3 of 5 pages of land sale agreement, specifically
Paragraph 13.
We herewith, request that Weld County Department of Engineering Services
additionally prepare and present to the proper authorities an amendment to
Siegrist Special Review Permit No.s 636 and 489.
A meeting was held on Tuesday, March 16, 1993 with Weld County Attorney, Lee
Morrison and Division of Engineering representative, Don Carroll. Please
refer to the above named staff should you have additional questions.
Thank you for your cooperation.
Sincerely,
Siegrist Constru dio Co.
st
President
cc: Lee Morrison, County Attorney
Don Carroll, County Engineering
4. 1
--PL [co3 93O943
c3)i91.47.3
ST. VRAIN LAND COMPANY
6999 YORK ST.
DENVER, COLO. 80229
Weld County
Department of Planning Services
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, Colo. 80631
Attention: Don Carroll
Dear Sir,
We acknowledge receipt of the Weld County Department of Planning Services,
notification of the hearing for a mining permit on the property purchased from
St. Vrain Land Co.
In conjunction with our recent telephone conversation, you did forward for our
perusal, three drawings of your reclamation plan as prepared by Nelson
Engineers.
Also, in our telephone conversation, I pointed out that our agreement with
Weld County was for the county to participate in assisting us to amend our two
present MLRD permits, as the parcel purchased by Weld county affected both
permits. You advised that you were not aware of our need to amend our
permits. I contacted Barbara Chiappone, of the MLRD, 866-3567 and she advised
that it would be necessary for St. Vrain Land Co. to amend their present plans
also. The reclamation specialist for our area is Carl Mount.
In our negotiations with Don Warden, I advised that as long as the County had
to amend their plan, I would like his staff to include our amendment at the
same time. He agreed and that was included in our agreement, See paragraph 13
of the agreement, copy attached. I advised that Nelson Engineers have
provided all of the engineering for the original two permits and would be the
best alternative for the County. Apparently Nelson Engineers has provided
this service to Weld County, but has not included our necessary amendments.
We therefore specifically request, the you amend our two MLRD permits in
accordance with the Reclamation Board and Weld County regulations. I Will
plan on being present for the March 16, 1993 hearing and will be most happy to
meet with you and Don Warden either before or after the 1:30 p.m. hearing
time.
Please advise the time that would best meet you schedule.
Very Truly Yours,
St. Vrain Land Co.
/ 1= j -7--
obert L. Siegrist
Partner
Enclosure
B 1309 REC 0226 ,c1 08/30/91 08 : 59 "9 0 3/011
F 1193 MARY ANN t' ,ERSTEIN CLERK & RECORDzl, !ELI) CO, CO
effect and Seller shall have the right to an action for
specific performance or damages , or both.
( c ) Anything to the contrary herein notwithstanding, in the
event of any litigation arising out of this contract , the
court may award to the prevailing party all reasonable costs
and expenses , including attorney' s fees .
8 . Possession of said Parcel ( s ) shall be delivered to
Purchaser upon closing and shall not be subject to any leases or
tenancies , except those items listed in the attached "Exhibit B" .
9 . Seller represents and warrants as of the day hereof and
as of the date of the closing that neither the execution of this
contract nor the consummation of the transaction provided for
herein constitutes , or will result in, any breach of any of the
terms , conditions , or provisions , or constitute a default under
any indenture , charter, bylaw, mortgage, loan agreement, lien,
lease , license, judgment , decree , order, instrument or other
verbal or written agreement to which Seller is a party of or is
subject to , or to which the property is subject to , except as
provided herein .
10 . In the event the property is substantially damaged by
fire , flood , or other casualty between the date of this contract
and the date of delivery of the Deed, Purchaser may elect to
terminate this contract ; in which case, all payments and things
of value received hereunder shall be returned to Purchaser.
11 . All of the conditions stated herein shall be in full
force and effect , notwithstanding the conveyance of said
Parcel ( s ) by warranty deed as outlined in paragraph 2 above , and
shall not merge with said Warranty Deed .
12 . Sellers shall transfer one share of Rural Ditch Company
water which shall be included in the consideration mentioned on
page 1 of this Agreement .
13 . Seller agrees to apply for and cooperate in pursuing
amendments to Use by Special Review Permits Nos . 636 and 489 at
the same time that Purchaser applies for the Use by Special
Review Permit for the parcel described in the attached Exhibit A,
but in any event , no later than November 1 , 1991 . Said
amendments shall exclude the area purchased by Purchaser and
described in said Exhibit A . Purchaser will assist Seller in
preparing said application( s ) .
14 . Seller shall retain the right to lease the property
described in Exhibit A for farming and grazing until Purchaser
begins mining or sells said property. The Lease for said
grazing shall be executed simultaneously with this Agreement . As
consideration for said lease , Seller shall maintain all weeds in
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