HomeMy WebLinkAbout991089.tiff RESOLUTION
RE: APPROVE AGREEMENT TO SHAPE AND RESEED PROPERTY AND AUTHORIZE
CHAIR TO SIGN - RONALD KUBAT
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 to Shape and Reseed
Property 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 Ronald Kubat,
6307 West 61st Place, Arvada, Colorado 80003, 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 to Shape and Reseed Property 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 Ronald Kubat 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 17th day of May, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
_ D COUNTY, • O'ADO
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ATTEST: 4 `� ��
FS Dal K. Hall, Chair J
Weld County Clerk to j A6
4Kr/cc&
-6arbara J. Kirkmeyer Pro-Tem
BY: '
Deputy %Clerk to the Board
/-T :47.‘ Georg2'E axter
APP TO FORM: 17
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M. eile
unty Attorney 4f-427,
Glenn Vaad
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' MEMORANDUM rL ,
WI C CLE ` .
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TO: Clerk to the Board DATE: May 12, 1999
COLORADO FROM: Don Somer, Utility/Right-of-Way Agent
SUBJECT: Agenda Items
Please submit the following item on the Board's next agenda for the Chair's signature.
Agreement between Ronald M. Kubat and Weld County to shape and reseed private property
Please send a copy of the signed and recorded agreement to my attention.
The appropriate documentation is attached.
Enclosures
pc: Frank B. Hempen, Jr., Director of Public Works/County Engineer
AGREEMENT
CONCERNING PERMISSION TO SHAPE AND RESEED PROPERTY OWNED BY RONALD
�( b M. KUBAT
THIS AGREEMENT is made this 1 ( day of_ /2tot-51 , 1999. by and between
Ronald M. Kubat, whose address is 6307 West 61st Place, Arvalia, Colorado, 80003, hereinafter
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."
WFINESSETH:
WHEREAS, County finds it necessary to rebuild and improve Weld County Road (WCR)
35, which is Weld County Project No. 283, and
WHEREAS, Owner owns the property described as follows: A strip of'land located in the
Northwest quarter of the Southwest quarter of Section 1, Township 1 North, Range 66 West of the
6th Principle Meridian, being 10.00 feet in width, starting 200.00 feet from the north line of the
southwest quarter of the southwest quarter of Section 1, Township 1 North, Range 66 West, and
continuing north to State Highway 52 and paralleling the east line of the right-of-way of WCR 35,
hereinafter referred to as"the Permanent Slope Easement." The Permanent Slope Easement contains
0.257 acres, more or less; and
WHEREAS, County needs the Permanent Slope Easement in order to complete said
rebuilding and improvement project; and
WHEREAS, Owner also owns the property described as follows: A strip of land located in
the Northwest quarter of the Southwest quarter of Section 1, Township 1 North, Range 66 West of
the 6th Principle Meridian, being 100.00 feet in width, starting at the north line of the southwest
quarter of the southwest quarter of Section 1 Township 1 North, Range 66 West, and continuing
north approximately 200.00 feet, and paralleling the east right-of-way line of WCR 35, hereinafter
referred to as "the Reseed Area." The Reseed Area contains 0.133 acres, more or less: and
WHEREAS, County is in need of permission from Owners to enter, for a period of up to one
year from the date of this Agreement, the Reseed Areas for the purpose of shaping and reseeding the
hill to the east of WCR 35, for the purpose of providing a slight snow break for WCR 35; and
NOW, THEREFORE, the parties herein agree as follows:
1. Owner hereby permits County to enter, for a period of up to one year from the date
of this Agreement, the above described property for the purpose of shaping and
reseeding with native grasses the hill to the east of WCR 35 for the purpose of
providing a slight snow break for WCR 35.
2. Owners agree to refrain from performing any work or constructing any structure
within the Reseed Area which is inconsistent with the shaping and reseeding work
to be performed by County during the term of the permission granted herein.
3. County does not represent or warranty that the reseeding will result in any particular
stand of grass, or guarantee the strength or viability thereof. Owners understand and
acknowledge that the shaping and reseeding are intended to benefit County in its
maintenance of WCR.35. Any benefit by Owners, their heirs and assigns, from the
shaping and reseeding is considered secondary.
4. County agrees to install at no cost to the owner, one access on the east side of WCR
35. Access shall be installed to County standards. Owner agrees to exchange the
existing access directly south of State Highway 52 for the new access provided by
the County.
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5. 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, or its agents or employees. hereto. 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.
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.
OWNER:
Ronald M. Kubat
,i/0/ I. )(. . BOARD OF COUNTY COMMISSIONERS
ATTEST: OF WELD COUNTY, STATE OF
CLERK TO 'THE BOARD � ; COLORADO
1861
ri
BY:
Deputy Clerk to the Board " Dale K. Hall, Chairman 05// 7/q7)
m:wpfilesVdons\wcr35.kub
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