HomeMy WebLinkAbout950491RESOLUTION
RE: APPROVE LICENSE AGREEMENT WITH BOLET COMPANY AND COZZENS FARMS
COMPANY 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 License Agreement, for placement of a
cement structure within Weld County road right-of-way, among the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, the Bolet Company
and the Cozzens Farms Company, with 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 License Agreement among the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, the Bolet Company and the
Cozzens Farms Company, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized
to sign said agreement after all other parties have executed said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 15th day of March, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
C-
BY: ct.044K' f l'iA Q 0tom,
Deputy Clerk the Board
APP AS TO FORM:
ou y Attor en y
950491
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FXCIISFf) f)ATF f1F SIfNINn
Dale K. Hall, Chairman
I
arbara J. Kirkme
(AYF)
George Y.Baxter
Constance L. Harbert
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EG0034
LICENSE AGREEMENT FOR USE OF RIGHT-OF-WAY
THIS LICENSE AGREEMENT is made and entered into this /7'1 day of March, 1995 by
and between the County of Weld, Colorado, by and through the Board of County Commissioners
of the County of Weld, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "County"; the Bolet Company, whose address is P.O. Box 747, Eaton, Colorado
80615, by and through its President, A. Bruce Johnson, hereinafter referred to as "Bolet"; and the
Cozzens Farms Company, whose address is 34545 Weld County Road 41, Eaton, Colorado 80615,
by and through its President, Charles Cozzens, hereinafter referred to as "Cozzens."
WITNESSETH:
WHEREAS, Bolet and Cozzens own properties located east of Weld County Road 41 and
adjacent or close in location to Weld County Road 72, and
WHEREAS, Cozzens has a water system which collects water in the barrow ditches along
WCR 41 and transports the water so collected across property owned by Bolet to property owned
by Cozzens, and
WHEREAS, as a condition of Recorded Exemptions 1664 and 1665, County has required
Bolet to remove from the County road right-of-way a dike along the north side of WCR 72 and the
open ditch along the east side of WCR 41, and
WHEREAS, in order to accomplish the work required by County, Bolet now desires to place
two concrete box trash racks within the barrow ditch along the west side of WCR 41 which will
empty into two 18" culverts with 15" PVC piping inserted therein, with said trash racks and PVC
piping to be owned and maintained by Cozzens, and
WHEREAS, County, as owner and maintainer of WCRs 41 and 72, consents to said
installation of the two concrete box trash racks within the road right-of-way of WCR 41 and to the
placement of the PVC inserts within the culverts in accordance with the terms and conditions as set
forth herein.
NOW, THEREFORE, in consideration of the covenants and conditions herein stated, and
upon the agreements of Bolet and Cozzens to be performed hereunder , County does grant to Bolet
and Cozzens, their successors and assigns, a license to construct, install, lay, maintain, alter, repair,
operate, and remove two concrete box trash racks within the west barrow ditch of WCR 41 and two
15" PVC inserts into the culverts in which trash racks will empty and which are located under WCR
41, in accordance with the following conditions:
1. The two concrete box trash racks shall be constructed and installed in the west borrow ditch
of WCR 41 such that they do not protrude above the level of the travelled portion of said WCR 41.
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950491
2. Bolet and Cozzens shall construct, install, lay, maintain, alter, repair, operate and/or remove
the two concrete box trash racks and PVC pipe inserts at their own expense and without the aid or
use of Weld County funds.
3. Bolet and Cozzens are prohibited from constructing, installing, laying, maintaining, altering,
repairing, and/or removing the two concrete box trash racks and PVC pipe inserts in any manner
which shall damage the travelled portion of WCR 41.
4. After Bolet has completed construction and installation of the two concrete box trash racks
and PVC pipe, it shall remove any and all construction materials and debris associated with said
construction and installation from the right-of-way.
5. Cozzens shall have sole responsibility to maintain and clean the sediment, weeds, and debris
which may inhibit the flow of water through the two concrete box trash racks and PVC pipe, and to
repair the same when reasonably necessary. Any such maintenance, cleaning, or repair shall be
performed with due diligence after notification of the need thereof.
6. County retains the right to revoke this License Agreement at any time and for any reason.
County shall give Bolet and Cozzens written notice of its intent to revoke this license at least ninety
(90) days prior to the date of revocation. Such notice shall be sent to Bolet and Cozzens by certified
mail to their addresses written above or served upon Bolet and Cozzens in accordance with the
Colorado Rules of Civil Procedure. Bolet and Cozzens shall have the responsibility of informing
County of their respective changes of address from the addresses written above. Upon any such
revocation, Bolet and Cozzens shall have sole responsibility to remove the two concrete box trash
racks and PVC pipe. Any such revocation, however, shall not impair or revoke Cozzens' right to
collect water within the borrow ditches of WCR 41 for agricultural use on its property.
7. Bolet and Cozzens acknowledge and assure County that the placement of the two concrete
box trash racks and PVC pipe within the right-of-way of WCR 41 shall not in any way alter or
impair the rights of third parties, if any, to the use or enjoyment of the water flowing into said west
borrow ditch of WCR 41 and ultimately into the two concrete box trash racks and PVC pipe.
8. Bolet and Cozzens hereby release County, its officers and employees, from any and all
claims for damages suffered by Bolet and/or Cozzens arising out of any damage to the two concrete
box trash racks or PVC pipe caused by the actions of County employees while maintaining the right-
of-way of WCR 41 for the safe use thereof by the public, or caused by the actions of any third party.
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950491
EXECUTED AND SIGNED the day and year first above written.
ATTEST:
.741%
CLERK TO THE BOARD
COUNTY OF WELD, COLORADO, BY AND
THROUGH THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD
BY: li2GZ4-%1% /97 -1 BYL
Dale K. al, Chairman
Deputy Clerk to the Board
19g5.
BOLET COMPANY
BY:
A. Bruce Jo on, President
SUBSCRIBED AND SWORN to before me this )(9tt' day of (Yl acch
WITNESS my hand and official seal. ( l n a C
�CJPi,-�b� Jc.�S2 lXLnc�a.vrw;"
Notary Publ
My commission expires: 3curx,c ne 7, IG97
COZZENS FARMS COMPANY
19 95•
BY: /9
Charles Cozzens, President
SUBSCRIBED AND SWORN to before me this
WITNESS my hand and official seal.
My commission expires:
M:\WPFILES\AGREE\BOLET.GJB
10-31-98
16th day of
March
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aryPublic
0. Box 338 - Eaton, Co 80615
1
950491
BOLET COMPANY
P.O. BOX 747
EATON, COLORADO 80615
March 10, 1995
Dave Becker
Weld County Road & Buildings
Greeley, CO 80631
Dear Dave:
This letter and attached sketch is to formalize our conversation this morning concerning Valley
Irrigation and Goodell Construction regarding the enhancement of the two culverts north of WCR 72
on the west side of WCR 41. Bolet Company (I am the president) owns the farm on the east side
of WCR 72. As a condition of RE 1664 and 1665 and as approved by the Board of
Commissioners, we were to remove a dike along the north side of WCR 72 and remove the open
ditch along the east side of WCR 41 for safety reasons and remove same out of the county road
right-of-way. After removing these two waterways, we will bury a 15" PVC pipeline on our property.
The real bottleneck in this system is the accumulation of trash on the west side of WCR 42. You
and Don Carroll have approved our proposal subject to the approval by the Weld County Board of
Commissioners. The proposal is to install trash racks on the west side of the two culverts
referenced and tie our PVC pipeline into the culverts, thus reducing the trash bottleneck.
All seep and irrigation water originating upstream from these culverts and being conveyed by the
existing system will remain as in the past. Actually, by the proposed enhancements of trash racks
and buried PVC pipeline, the capacity will increase and the maintenance decrease. As in the past,
any stormwater greater than the capacity of the culverts will run east across WCR 41 onto the Bolet
farm.
As we all agreed this morning, the trash racks and closed system greatly improves the capacity and
safety of the present system.
Thank you for your assistance.
Sincerely,
BOLET CO.
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Attachment: 1
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A. Bruce Johnson, President
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