HomeMy WebLinkAbout961476 RESOLUTION
RE: APPROVE AGREEMENT FOR COMPENSATION OF DAMAGES TO WELD COUNTY
ROADS 15 AND 26.75 -OWENS BROTHERS CONCRETE COMPANY (USR #1102)
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 March 6, 1996, the Board conditionally approved a
Site Specific Development Plan and Special Review Permit for a wet sand and gravel mining
operation in the A (Agricultural) Zone District, USR#1102, for Owens Brothers Concrete
Company, 5550 Sheridan Boulevard, Arvada, Colorado 80002, on the following described real
estate, to-wit:
Part of the W1/2 of Section 32, Township 3 North,
Range 67 West of the 6th P.M., Weld County, Colorado
WHEREAS, pursuant to the applicant's application to the Colorado Division of Minerals
and Geology, Rule 6.4.19 of the Colorado Mined Land Reclamation Board requires a notarized
agreement between the applicant and the owners of any permanent man-made structure within
200 feet of the affected land, whereby the applicant agrees to compensate the owner for any
damage caused by the mining, and
WHEREAS, said operation lies within 200 feet of Weld County Roads 15 and 26.75, and
WHEREAS, the Board has been presented with such an Agreement for Compensation
of Damages to Weld County Roads 15 and 26.75 between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and Owens
Brothers Concrete 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 Agreement for Compensation of Damages to Weld County
Roads 15 and 26.75 between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, and Owens Brothers Concrete Company be, and
hereby is, approved.
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PL1022
AGREEMENT- OWENS BROTHERS CONCRETE COMPANY (USR#1102)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of August, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
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Qq., Wc�D COUNTY, COLORADO
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' /��G'�� {31a4arbara . Kirk Jmeyer, Chair
MI (Qr ?[K my Clerk to the Board
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Deputy Cler o the Board J
Dale K. Hall ( ��
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Constance L. Harpert
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961476
PL1022
Agreement
Owens Brothers Concrete Co. has made application to the Colorado Division of
Minerals and Geology for a permit to mine sand and gravel. The property is located in
Section 32, Township 3 South, Range 67 West in Weld County, Colorado.
Nor,*- V
Rule 6.4.19 of the Colorado Mined Land Reclamation Board (Construction Material
Rules and Regulations, January, 1996) requires the permit applicant to provide a
notarized agreement between the applicant and the owners of any permanent man-
made structure within 200 feet of the affected land. The agreement must state that
the applicant will provide compensation for any damage caused by the mining
operation to any structure within 200 feet.
Owens Brothers Concrete Company agrees to provide compensation for any damage
caused by the sand and gravel mining operation to the structure listed below (which is
located within 200 feet of the affected land).
STRUCTURE WITHIN 200 FEET OF AFFECTED LAND
Weld County Roads 15 and 26 &3/4
OWNER OF STRUCTURE
Weld County, Colorado
AGREED:
""Arcs
( wens Brothers Concrete Co. - Title) CPI/h
961.476
5UnE 14, L9 tik
Date
NOTARY
State of Colorado
City, County of ADAv S
The foregoing was acknowledged before me
on this 14'x4 day of Sy he , AD, 1996 By
My commission expires: In
Notary Public: St.% _ 6, t s.
A e rr f 1}. G.11-L S
AGREED: /
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Date
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If NO State ol Colorado
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'o$$,,,?,:T ts1'egoing was acknowled ed before me L)
on this / 9't. Day l�f , AD, 1996 ByX MinnJ k'i rkrneyer
My commissi expires: Y C0MMISS N EXPIRES MARCH 4, 1997
Notary Publicw�€ -1.14- .
961176
Ag,(9‘40. MEMORANDUM
WII1Dc TO: Board of County Commissioners August 13, 1996
COLORADO From: Shani L. Eastin, Current Planner
SUBJECT: USR-1102, Owen Brothers Concrete
USR-1102, for a wet sand and gravel mining operation, was approved by the Board of
County Commissioners on March 6, 1996. In preparing the application for the State Mined
Land Reclamation Board permit one of the requirements is that if the operation is closer
than two hundred feet from any significant man-made structure that the applicant must
have a written, notarized agreement with the owner of the structure where by the applicant
agrees to compensate the owner for any damage caused by the mining. This operation
lies within 200 feet of Weld County Roads 15 and 26 3/4.
961476
INDUSTRIAL EALTY ASSET MANAGEMENT, LTD.
Real Estate Services for the Mining and Construction Industry Nationwide
Weld County Planning Dept.
June 14, 1996
JUN 2 4 1996
Drew Scheltinga
Weld County Engineer RECEIVED
1400 North 17th Street
Greeley, Colorado 80631
RE: STATE MINING PERMIT APPLICATION - OWENS BROTHERS WELD
COUNTY PROPERTY AT COUNTY ROAD 26 &3/4 AND WELD
COUNTY ROAD 15
Dear Drew:
As you know, the County Commissioners approved the Use by Special Review for
this project with 25 foot setbacks from the property boundaries.
We are now preparing the application for the State Mined Land Reclamation Board
permit and one of the requirements is that if we are closer than two hundred feet
from any significant man-made structure that we must have a written, notarized
agreement with the owner of the structure whereby Owens agrees to compensate the
owner for any damage caused by the mining.
Weld County roads 15 and 26 and 3/4 are within this 200 foot requirement and are
considered significant man-made structures.
We therefore need an agreement with Weld County. Enclosed is the standard
agreement form signed by Owens Brothers Concrete Company for County approval
and signature. Please return this form to me after it is signed and notarized in the
enclosed stamped envelope.
4 VNi
PAUL G. GESSO
7475 West 5th Ave.,Suite 216 • Lakewood,CO 80226 • Office(303)274-4217 • Home(303)231-1050 • Mobile(303)888-7926 • Fax(303)274-4277
961476
If you have any questions about this State requirement or about the agreement form,
please call.
Thank you.
�;��i,�/ ,:e( /‘ __ ,- ,--
/ .
Sincerely,
Paul G. Gesso, MCR
Consultant to Owens Brothers Concrete
(A) A p -e:). P-g4k),(f 177, c,e... .1 _..&-y-tco---c ( & !/ .
961476
06/13/1996 10: 31 3032744277 PALL G GESSO INC PAGE 01
INDUSTRIAL REALTY ASSET MANAGEMENT, LTD.
Real Estate Services for the Mining and Construction Industry Nationwide
FAX MEMO TO (970) 352-6312
1 page
TO: Shani Eastin,Weld County Planning
FROM: Paul G. Gesso, Consultant to Owens Brothers Concrete
DATE: 8-13-96
RE: Mined Land Reclamation Board Agreement Regards 200' Setback
From Significant Manmade Structures - County Roads
Dear Shari:
As I reviewed the document I noticed a small problem in the legal description. It
states that the township is 3 South and it should say 3 North. It would be agreeable
to us if you would simply cross out the word South and replace it with the word
North and then have whoever signs it from the County initial the change. Once I
get the original back from you I can have Owens initial the change and send back a
fully executed copy for your files.
.1sAg<P. • S
1
PAUL t WS0
7475 Nest 5th Mw.,Saint 716 - Iakewoo,CO 80226• OAfu(303)274.4777 - Haar(303)237.1050 • Mobile(3031 8017976 • Fa(303)274-4277
08/13/96 10:40 TX/RX NO.4755 6€041,t,75
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