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Home My WebLink About960134.tiff RESOLUTION RE: APPROVE AGREEMENT FOR RELOCATION OF IRRIGATION DITCH WITH OWNERS OF BRANTNER EXTENSION DITCH AND AUTHORIZE CHAIR 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 Relocation of Irrigation Ditch between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and owners of Brantner Extension Ditch, who include Marvin Sickler and Anna Mae Sickler, Jack Berger, Sr., and William Gittlein, 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 Agreement for Relocation of Irrigation Ditch between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Public Works Department, and owners of Brantner Extension Ditch, who include Marvin Sickler and Anna Mae Sickler, Jack Berger, Sr., and William Gittlein, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 5th day of February, A.D., 1996. BOARD OF COUNTY COMMISSIONERS �� WELD COUNTY, COLORADO jt Barbara J. Kirkmeyer, Chair ;/ rk to the Board rgeBaxter, ro-Te -�' y Clerk to the Board Dale K. Hall A O D AS TO • l`T�h_1� �ic� �� Constance L. Harbert ty Attorn y /` /i /4 1 C/�?/�1 � . H. Webster 960134 (Y : Pw WSLS, /ne EG0035 AGREEMENT FOR RELOCATION OF IRRIGATION DITCH THIS AGREEMENT, is made and entered into this 5th day of Feb. , 1996, by and between the County of Weld, a political subdivision in the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose address is 915 10th Street, Greeley, Colorado 80631, hereinafter referred to referred to as "County," and the owners of the Brantner Extension Ditch, who include Marvin Sickler and Anna Mae Sickler, 9547 WCR 14, Fort Lupton, Colorado 80621; Jack Berger, Sr., 9821 Colorado State Highway 52, Fort Lupton, Colorado 80621; and William Gittlein, 5877 WCR 19, Fort Lupton, Colorado 80621, hereinafter referred to collectively as "Owners." WITNESSETH: WHEREAS, Owners posses rights to those certain irrigation canals known as the Brantner Extension Ditch (hereinafter"the Ditch") in Weld County, Colorado, and WHEREAS, County desires to construct and maintain certain roadway improvements along the alignment of Weld County Road 19,just south of Colorado State Highway 52, and WHEREAS, said roadway improvements are anticipated to require that certain portions of the Ditch be relocated at the location and in the manner as shown on the drawings which are attached hereto and are referred to herein as "Exhibit A," and, WHEREAS, Owners are willing to grant permission for the Ditch to be relocated as required by County and as shown on Exhibit A in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the sum of$1,700, paid to Owners,the receipt and sufficiency of which is hereby acknowledged, and the agreements of County to be performed hereunder and upon the conditions and for the period herein stated,the parties hereto agree as follows: 1. TERM: The term of this Agreement shall be from the date of signing herein to and until the completion of the conveyance of the new easement for the Ditch and the construction, installation, alteration,repair, and relocation of the Ditch as herein described. 2. PERMISSION TO RELOCATE IRRIGATION DITCH: Owners hereby grant to County, its successors and assigns,permission to construct, install, alter, repair, and relocate the Ditch in the specific location and in the manner designated, shown, and referred to in the attached Exhibit"A". Page 1 of 5 Pages 960134 3. COUNTY AGREES: a. To relocate the Ditch in the specific location and in the manner designated, shown, and referred to in the attached Exhibit"A" (such work being hereinafter referred to herein collectively as "the relocation"). Owners understand and acknowledge that County intends to accomplish the relocation by contracting with a private company to perform the work. All warranties or guarantees of such relocation work as are usual and customary in the trade shall be extended only to County. County shall pay to Owners the sum of$1,000 for the right to relocate the Ditch. b. To complete the relocation of the Ditch no later than February 29, 1996. c. To arrange and pay for the purchase of an easement upon which the relocated Ditch will sit from the owner of land located adjacent to and east of said WCR 19, with said easement being described in the attached "Exhibit B." Said easement shall be permanent in nature and shall show the Owners as the beneficiary and owner thereof. Furthermore, the County shall pay for all costs associated with the procurement of said easement and the recording thereof. d. To pay the sum of$700 to the Owners for the purpose of cleaning the Ditch downstream after it is relocated. Said $700 represents the entire compensation for said cleaning and any other damages incurred by Owners and caused by sediment buildup downstream by virtue of said relocation work. 4. ENTIRE COMPENSATION: The parties hereto agree that the payment of sum of $1000 by County to the Owners for permission to relocate the Ditch; the payment of$700 by County to the Owners for any and all expenses which they may incur after the Ditch is relocated for purposes of cleaning; the procurement of the easement for the benefit of and granted to the Owners, and the relocation work herein described represent the entire consideration given to the Owners of the relocation of the Ditch. The compensation of$1,700 is being given to the Owners in lieu of condemnation. 5. WARRANTY, GUARANTEE, AND INDEMNIFICATION BY COUNTY: Owners represent upon oath that the Ditch has historically carried water at a rate of 16.09 cubic feet per second as measured immediately upstream from the Ditch's flume. County hereby warrants and guarantees to Owners that the Ditch, as relocated, shall carry water at a rate of flow such that the rate of flow upon water delivery as measured above the flume is no less than the rate of flow represented herein by Owners. Owners have reviewed the drawings and plans for Page 2 of 5 Pages 960134 the relocation work and agree that if the Ditch is constructed as designated, shown, and referred to in the attached Exhibit"A", it will carry water at a rate of flow upon water delivery not less than that represented herein by Owners. County's warranty and guarantee of said rate of flow as stated herein shall extend for a period of one (1) year from the date of completion of the relocation work. County further warrants and guarantees to Owners, for a period of five (5) years after the date of completion of the relocation work, that the relocated Ditch banks, including, but not limited to,the cement bend, shall not fail, and that if they should so fail, County shall reasonably repair or replace the same. County agrees to indemnify Owners for a period of one (1) year from the date of completion of the relocation work for any and all loss occasioned by them and directly caused by and resulting from a decrease of the rate of flow of the Ditch from that represented herein by Owners, or caused by and resulting from the failure of the relocated Ditch banks. During said one (1) year period, Owners agree to notify County immediately if the rate of flow upon water delivery as measured above the flume is less than that represented herein by Owners. Similarly, Owners agree to notify County immediately upon the failure of the relocated Ditch banks for a period of five (5) years after the date of completion of the relocation work. County makes no additional warranties or guarantees of any kind whatsoever other that those stated herein. 6. ASSIGNMENT: This Agreement shall not be assigned by either party without the prior written consent of the other party. 7. NOTICE: Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or such other address as is previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. 8. ENTIRE AGREEMENT: The parties acknowledge that this Agreement represents the entire Agreement between the parties and that there or no oral or collateral Agreements or understandings between them regarding the subject matter stated herein. This Agreement may be amended by an instrument in writing signed by both parties. The parties agree to execute any additional document or take any additional action that is necessary to carry out this Agreement. 9. LAW GOVERNING AGREEMENT: This Agreement shall be governed by the laws of the State of Colorado. Page 3 of 5 Pages 960134 10. NO WAIVER OF IMMUNITIES/NO THIRD PARTY BENEFICIARY: No portions of this Agreement shall be deemed to constitute a waiver of any immunities the parties or there officers' or employees' may posses, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. 11. SEVERABILITY: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. IT IS HEREBY MUTUALLY UNDERSTOOD AND AGREED that this Agreement and 11 of the terms and conditions hereof shall extend to and be binding upon the parties hereto, their i, 6 sors and ssigns. Executed in duplicate the day and year first written above.Pdtett BN THE COUNTY OF WELD, A Iasi tr '\--c, POLITICAL SUBDIVISION OF !. ' -7 THE STATE OF COLORADO, BY q- i Reg AND THROUGH THE BOARD OF /(:/ OP S J Clebto the Board COUNTY COMMISSIONERS OF t----', = THE COUNTY OF WELD 2 2_ /d•it'Lk_^'. J, <. LJL'i'-`- 1-- Barbara J. Kirkme]er, Chairt2/�5 J9� OWNERS: / ,r ", i2 ;i!(a ,�t.A-Li z• l C� '�.z ,� 'Jolt ttlal Anna Mg/le Sickler Marvin Sickler of j `) 9549 WCR 14 9549 WCR 14 i''I Fort Lupton, CO 80621 Fort Lupton, CO 80621 SUBSCRIBED AND SWORN to before me this ;.( day of SaN1/4-1A-4.-1/4i , 19 c(ly, by Anna Maye Sickler and by Marvin Sickler. WITNESS my hand and official seal. - I Notary Public My commission expires (o\mAe / Page 4 of 5 Pages 960134 (j.,, - Q .4- .,, - -_;1 Jac1Berger, Sri 9821 Colorado State Highway 52 Fort Lupton, CO 80621 SUBSCRIBED AND SWORN to before me this c;,1.01-`day of _SbN ,z._a_i , 19'tp. WITNESS my hand and official seal. Notary Public My commission expires: 46'`t7 William Gittlein 5877 WCR 19 Fort Lupton, CO 80621 ,y v!. SUBSCRIBED AND SWORN to before me this c>A0 day of J �,,dZL.? , 19`'(.L WITNESS my hand and official seal. Notary Public My commission expires: 10 Page 5 of 5 Pages 960134 Alitai WESTERN STATES Land Services, Inc. Acquisition and Permitting Specialists 4021 Lissa Drive January 30, 1996 Loveland, Colorado 80537 (970) 667-7602 • Metro (303) 938-1414 Fax (970) 667-7603 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Bruce T. Barker County Attorney Weld County, Colorado 915 10th Street Greeley, Co. 80631 II RE: Weld County Road 19/Relocation of Brantner Extension Ditch ' , Bruce: Hope things are going well. Enclosed you will find four (4) original Agreement for Relocation of Irrigation Ditch documents, with accompanying copies of Exhibit A, fully signed and notarized on behalf of the Brantner Extension Ditch owners. You will notice that I have had the owners not only sign the Agreements but also initial their acceptance of the Exhibit As. Upon your receipt of the enclosed documents, please obtain the appropriate signatures on behalf of Weld County and forward three (3) original Agreements, with accompanying Exhibit A, back to my office so that I may forward same on to the owners of the Brantner Extension Ditch for their records. I would also appreciate you forwarding payment checks, totalling $1700.00, paid in thirds to each respective owner so that I may complete this transaction. As you know, the County construction crews are prepared to begin construction immediately upon the County's signing of this Agreement. Bruce, pursuant to this Agreement, the County will be relocating the existing ditch onto new easement areas that are to be acquired from the underlying landowner, Jerry Lambrecht. Please forward to me any documentation you may have that would delineate the easement, and/or particular easement language that we will be obtaining from Lambrecht, in order to convey same on to the ditch company. Please feel free to call should you have any further questions. Sincerely, WESTERN STATES LAND SERVICES, INC. 4 . (/ Mike D. Noonan Consulting Acquisitions Agent MDN/sj Enclosures weldcnty\c402\barker.ltr /S/qe; S / 4 ttn /ri ,�P q ip 013* Hello