HomeMy WebLinkAbout991639.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CONSENT TO REMOVAL OF IRRIGATION DITCH
CULVERT AND PERPETUAL LICENSE FOR PLACEMENT OF IRRIGATION LINE
WITHIN RIGHT-OF-WAY FOR WELD COUNTY ROAD 17 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 Consent to Removal
of an Irrigation Ditch Culvert and Perpetual License for Placement of Irrigation Line within right-
of-way for Weld County Road 17 among 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, Harriet Williams, 8499 Weld County Road 48.5, Johnstown, Colorado 80534, and
Big Thompson Valley Farm, 24308 Weld County Road 17, Johnstown, Colorado 80534, 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 Consent to Removal of Irrigation Ditch Culvert
and Perpetual License for Placement of Irrigation Line within right-of-way for Weld County
Road 17 among 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, Harriet Williams,
and Big Thompson Valley Farm, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
pc:
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;744; Sfifi °)- — 991639
EG0038
AGREEMENT FOR CONSENT TO REMOVAL OF IRRIGATION DITCH CULVERT AND
PERPETUAL LICENSE FOR PLACEMENT OF IRRIGATION LINE WITHIN RIGHT-OF-WAY
FOR WCR 17
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of July, A.D., 1999.
�...�, BOARD OF COUNTY COMMISSIONERS
' ,�� LDCOUNT CO RADO
4u'4
a tir`wU S
Dal K. Hall, Chair
4t ty o the Board
L
J ~ arbara J. Kirkmeyer,9Tem
• ,
Ierk to the Board ,
eorge . xter
Ficeir TO FORM:
•
M. J eile
my Attorney
Glenn Vaad
991639
EG0038
rctt
tt� ' MEMORANDUM . ; ri0
WIID € TO: ClerktotheBoard DATE: July19, 1999
COLORADO FROM: Frank B. Hempen, Jr.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Please submit the following item for the Board's next agenda.
Agreement for consent to remove irrigation ditch culvert and perpetual license for placement of
irrigation line within right-of-way for WCR 17 between Weld County and Harriet D. Williams
The appropriate documentation is attached.
Enclosures
pc: WCR 17 file
991639
AGREEMENT FOR CONSENT TO REMOVAL OF IRRIGATION DITCH CULVERT AND
PURPETUAL LICENSE FOR PLACEMENT OF IRRIGATION LINE
WITHIN RIGHT-OF-WAY FOR WCR 17
4?-4-4 THIS AGREEMENT is made and entered into this /(P . ,day of ,LJ , 1999,by and
between Harriet D. Williams, whose address is 8499 Weld County Road 48 'A, Johnstown, Colorado
80534, and Big Thompson Valley Farm, a Colorado partnership, whose address is 24308 WCR 17,
Johnstown, Colorado 80534, hereinafter collectively referred to as "Owners," and the County of
Weld, a body corporate and politic of the State of Colorado, by and through its Board of County
Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, County finds it necessary to rebuild and improve the intersection of Weld
County Roads ("WCR") 17 and 50, which is Weld County Project No. 323, and
WHEREAS, Owners own an irrigation ditch easement as described in an agreement dated
July 8, 1918,recorded at 513,Page 428,in the Office of the Weld County Clerk and Recorder,which
easement crosses Weld County Road("WCR") 17 through a culvert located north of the intersection
of WCR's 17 and 50, and the culvert creates a"hump" in the road surface of WCR 17, and
WHEREAS, pursuant to Weld County Project No. 323, County desires to flatten said
"hump" in WCR 17 at the location of said culvert in order to increase the safety of motorists
traveling on said portion of WCR 17, and
WHEREAS, Owners no longer use said irrigation ditch and, therefore, have no further need
for said culvert and may give their consent for its removal, and
WHEREAS, Owners now direct irrigation water through a tile line located beneath the
intersection of WCR's 17 and 50 and desire to ensure its continued use thereof by requesting that
County perpetual license its placement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. REMOVAL OF IRRIGATION DITCH CULVERT: Owners consent to the removal
by County of the irrigation ditch culvert referred to above and which extends within
the right-of-way and under the road surface of WCR 17. Owners hereby
acknowledge and affirm that they are the sole owners of the irrigation ditch and the
consent given herein is all that is necessary for County to receive in order to perform
such removal.
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2. PERPETUAL LICENSE FOR PLACEMENT,MAIN PENANCE,AND REPAIR OF
IRRIGATION WATER LINE: County hereby grants to Owners,their successors and
assigns, a nonexclusive perpetual license to place, maintain, and repair an irrigation
water line within the road right-of-way at the intersection of WCR's 17 and 50. Said
irrigation line shall be maintained and repaired at the sole cost and expense of
County. Owners may assign any or all of their rights under this perpetual license
without first obtaining written consent to such assignment from County.
3. DAMAGE TO IRRIGATION LINE CAUSED BY COUNTY: County shall repair
and/or replace the Owners' irrigation line granted a perpetual license within the right-
of-way of WCR 17 as set forth in Paragraph 2., above, if the same is damaged,
altered, or broken by County while performing road maintenance or construction
work on WCR 17.
4. ENTIRE AGREEMENT: The parties hereby agree that neither has made or
authorized any agreement with respect to the subject matter of this instrument other
than expressly set forth herein, and no oral representation, promise, or consideration
different from the terms herein contained shall be binding on either party hereto, or
its agents or employees. This Agreement embodies all agreements between the
parties hereto and there are no promises, terms, conditions, or obligations referring
to the subject matter whereof other than as contained herein.
5. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent, be held invalid or
unenforceable, the remainder of this Agreement, or the application of such terms or
provisions,to a person or circumstances other than those as to which it is held invalid
or unenforceable, shall not be affected, and every other term and provision of this
Nonexclusive Perpetual License Agreement shall be deemed valid and enforceable
to the extent permitted by law.
6. NO WAIVER OF IMMUNITIES: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess, nor shall any portion of this Agreement be deemed to have created a duty of
care which did not previously exist with respect to any person not a party to this
Agreement.
7. NO THIRD PARTY ENFORCEMENT: It is expressly understood and agreed that
the enforcement of the terms and conditions of this Nonexclusive Perpetual License
Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Nonexclusive Perpetual
License Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Nonexclusive Perpetual License Agreement. It is the
express intention of the undersigned parties that any entity other than the undersigned
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parties receiving services or benefits under this Nonexclusive Perpetual License
Agreement shall be an incidental beneficiary only.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
OWNERS:
0 o I/ � �
/V ilS
Harriet D. Williams
1‘1BSCRIBD AND SWORN to before me this day of , 19 91,'by
itt‘ay,t , T ) .
WITNES my hand and ficia seal.
240
Notary Pu
My commission exp/i7 es
POOD
rad Kirchner
SUBSCRIBED AND SWORN to before me this I 5-5 day of irin,..1 , 1949, by
WITNESS my hand and official seal.
LcoL:.,_ L.�
Notary Public
My commission expires:
VICKIE L. ECKHARDT
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 01/07/2003
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BOARD OF COUNTY COMMISSIONERS
ATTEST: j► t . La .OF WELD COUNTY, STATE OF
CLERK TO THE BOARD OLORADO
BY: - r-ct-
Deputy Clerk to the Boarder N >1 Dale K. Hall, Chairman (07 .;/ 9>)
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