HomeMy WebLinkAbout910126.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR REMOVAL OF WATER SYSTEM BETWEEN DONALD WIEDEMAN AND 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 the Agreement for Removal of Water
System, 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 for Removal of Water System 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 February, A.D. , 1991.
BOARD OF COUNTY COMMISSIONERS
ATTEST:II ) I e/ql // WELD COUN OLO DO
Weld County Clerk to the Board
� Gord irman
By: ( /E-W/7y � /!--feG_I--
Deputy Clerk to the Boar,c1---k, Ge e Ken e , Pro-Tem `\S/
APPROVED AS FORM:
Constance L. Harbert
C C7 e2C727/2!): :- e—r:2 ,per
County Attorney C. W. Kir y
7 -
W. H. Webster
910126
AGREEMENT FOR REMOVAL OF WATER SYSTEM
THIS AGREEMENT, made and entered into this 2J ek day of
7ehrua , 19 9/ , by and between THE COUNTY OF WELD,
STATE OF COLO�ADO, by and through the Board of County Commissioners
of Weld County, whose address is 915 Tenth Street, Greeley,
Colorado 80631, hereinafter referred to as "County" , and DONALD
WIEDEMAN, whose address is 26886 Weld County Road 17, Johnstown,
Colorado 80534 , hereinafter referred to as "Wiedeman. "
WITNESSETH:
WHEREAS, Wiedeman currently owns a water system which is
located in the right-of-way of 83rd Avenue (Weld County Road 27) ,
which runs from the intersection of 83rd Avenue and 4th Street
north along the east side of the road and within the Weld County
Road right-of-way for approximate 1, 300 feet, and which has been in
place for over 10 years, and
WHEREAS, County is currently in the process of expanding the
traveled portion of the right-of-way for 83rd Avenue and plans to
pave the roadway in the Spring of 1991, and
WHEREAS, in order to so improve 83rd Avenue, Wiedeman will
need to remove said water system from within the Weld County Road
right-of-way of 83rd Avenue.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties hereto agree as follows :
1 . TERM: This Agreement shall run to and until that date on
which said improvements to 83rd Avenue are completed by County.
2 . WIEDEMAN AGREES:
a. To the removal of the cement box located within the
Weld County Road right-of-way of 83rd Avenue and
situated at the corner of 83rd Avenue and 4th
Street, and to move the same to the east of the
right-of-way line.
b. To the removal from the right-of-way of 83rd Avenue
the underground pipe and sump which extend north
from the cement box and along the eastern edge of
the right-of-way for 83rd Avenue. Said underground
pipe and sump will be moved to the east of the
right-of-way line of 83rd Avenue.
c. To tie the cement box, underground pipe, and sump
into a tile line located approximately 1, 300 feet
910126
north from the current location of the cement box
along the eastern edge of 83rd Avenue.
d. To remove said water system at Wiedeman's own risk.
Wiedeman acknowledges that said water system
belongs to him and is under his complete control .
3 . COUNTY AGREES:
a. To pay Wiedeman the sum of $2,500 . 00 to offset part
or all of the cost of said removal of the water
system.
b. To build a dirt pad to the east of the right-of-way
line of 83rd Avenue on which Wiedeman will
construct the cement box, the underground pipe, the
sump, and some other ditch which will be used to
take the water northward and tie it into the tile
line located on the eastern edge of 83rd Avenue
approximately 1,300 feet north from the current
location of the cement box.
4 . COMPLETION DATE: Wiedeman and County agree that the
completion date for Wiedeman' s removal of said water system from
the right-of-way of 83rd Avenue shall be March 15, 1991 . If said
water system is not removed by that date, County will remove the
system and bill Wiedeman for the cost of said removal .
�h
SIGNED this °D day of le , 197/ .
COUNTY OF WELD, STATE OF COLO-
ATTEST: Labaajtiet RADO, by and through the Board
of County Commissioners of
Weld County
Weld
0,y Clerr County
k too he y C�erkito e Board
17[j t/ B ar By
Dep t
it ,dift l gehi 2a-z J
Donald Wiedeman .c
SUBSCRIBED AND SWORN to before me this o2V44 day of
, 19 C/r/ , by Donald Wiedeman.
WITNESS my hand and official seal// )
t-l�dxJ
Nbtary Pdblic
64-9
My commission expires :,,, �5 i0
(14 -9< 4()
Goo tZ1.0
Hello