HomeMy WebLinkAbout930359.tiff RESOLUTION
RE: APPROVE REQUEST TO DELETE REQUIREMENT OF FARM OIL SIGNING JOINT USE
AGREEMENT REGARDING RE #1483 - BARKER, ET AL
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 April 7, 1993 the Board approved Recorded
Exemption No. 1483 for Lawrence and Marie Barker, et al, for property which is
located in part of the W; of Section 13, Township 4 North, Range 68 West of the
6th P.M. , Weld County, Colorado, and
WHEREAS, Condition of Approval #5 of said Resolution stated the following:
5. The applicant shall submit written evidence that
the existing access is approved for ingress and
egress to the 4-acre parcel.
WHEREAS, in reference to said Condition of Approval, the Board has been
presented with a request to delete the requirement that Farm Oil sign the Joint
Use Agreement regarding said access, and
WHEREAS, after hearing all evidence and testimony of those present, the
Board deemed it advisable to approve said request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Lawrence and Marie Barker, et al, to delete
the requirement that Farm Oil sign the Joint Use Agreement regarding ingress and
egress to the four-acre parcel created by Recorded Exemption No. 1483 be, and
hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 21st day of April, A.D. , 1993.
/ n / // BOARD OF COUNTY COMMISSIONERS
/
ATTEST: li U WEL) COUNTY, COLORADO
Weld County Clerk to the Board � �. Giti,✓.e[��-Wa
Constance . Herbert, Chairman
BY: � / , '
Deputy to" the Boar— W. H. Webster, Pro-Tem�/J
APPR AS TO FORM: re 4-
eorge . Baxt r
County Att rney Dale K/. a 1
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Barbara J. Kirkm er
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April 13, 1993
Weld County Commissioners
Greeley, Colorado
Dear Commissioners,
This letter is in regards to the Recorded Exemption #1483. At
the hearing on April 7, 1993 one of the conditions that had to be
met for the exemption to become final was a written agreement
between Dan, Anita and Wade 'Dones, the land owners to the east,
Farm Oil and ourselves, that all parties could use the existing
farm road for ingress and egress to the properties.
The road in question has always been a farm road, established
long before Farm Oil started using the road. Farm Oil has done
little or no maintenance on this road or the other road they use on
the property and has caused considerable damage through their use.
Farm Oil , per Paul Harder Jr. , will under no circumstances
sign an agreement to fulfill the above stated requirement, no
matter who writes it. Mr. Harder has however three times given
verbal agreement over the phone to share the use of the road with
all parties involved.
As a result, we are asking the Board to delete the requirement
that Farm Oil signs the agreement for the Recorded Exemption.
Thank you for your time and consideration.
Sincerely,
Lawrence . Barker Marie C. Barker
Florin T. Schlautman Sall . Schkaupnan
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JOINT USE AGREEMENT
This agreement is to establish a joint use for an existing roadway
lying between the Dones 80 acres, the Barker 4 acres, and the
Schlautman 76 acres (A portion of the Northwest one-quarter and of
the Southwest one-quarter of Section 13, Township 4 North, Range 68
West, of the 6th P.M. , Weld County, Colorado) .
Said road is to be used for ingress and egress for the above named
properties as well as for Farm Oil of Fort Collins to service their
wells which are located adjacent to this road. Farm Oil agrees to
any maintenance needed to the road to keep from having the big ruts
made by their heavy equipmeut_D
Said road is to remain a private road limited to usage as stated
above. This agreement does not convey any change of ownership by
parties involved.
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