HomeMy WebLinkAbout950634.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF GRAVEL AND DRAINAGE EASEMENTS
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 an Agreement for Purchase of Gravel and
Drainage Easements between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County and R.M. Hiner Construction Company, Inc., 11 Austin
Road, Lamar, Colorado 81052, 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 Purchase of Gravel and Drainage Easements between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County and R.M. Hiner Construction Company, Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 3rd day of April, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
j n WELD COUNTY, CQLOR�,DO
ATTEST. L if/ ^ �// 0
Dale K. Hall, Chairman
Weld County Clerk
to the Board
BY: A-41-4 lL L1il'
Ceputy Clerk to the Board _
APP €A AS TO FORM:
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AR2434138
AGREEMENT FOR PURCHASE OF GRAVEL AND DRAINAGE EASEMENTS
THIS AGREEMENT is made and entered into thisii— day of March, 1995 by and between
R. M. Hiner Construction Company, Inc., whose address is 11 Austin Road, Lamar, Colorado 81052,
hereinafter referred to as "Hiner," and County of Weld, Colorado, by and through the Board of
County Commissioners, whose address is 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, County currently owns property located in the N2N2NW4 of Section 31,
Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, hereinafter referred to
as "Tract A," being more particularly described in the attached Exhibit "A", and
WHEREAS, Hiner owns property located immediately to the south of County's above -
described property, with such property owned by Hiner being hereinafter referred to as "Hiner
Property" and being more particularly described in the attached Exhibit "B", and
WHEREAS, County is currently in need of gravel for use in its road and bridge operations,
and
WHEREAS, County is also in need of the placement of drainage easements on Hiner
Property for the purpose of providing drainage from Tract A and from property located in Sections
19 and 30, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, the parties now desire to enter into this Agreement to convey the gravel to
County and to provide for the drainage easements necessary for the proper drainage associated with
Tract A.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. County agrees to purchase and Hiner agrees to convey to County the right to mine
gravel from two parcels located on Hiner Property. The first parcel has not been
mined and is approximately 3.2 acres in size. The second parcel is currently a lake,
being approximately 19.5 acres in size and having been partially mined previously.
2. The majority, if not all, of the Hiner Property is permitted for a gravel pit operation
by the Mined Land Reclamation Board, Permit No. M-77-151. County agrees to
comply with all requirements of such permit and to reclaim both parcels on which
County conducts mining operations in accordance with the reclamation plan being
a part of Permit No. M-77-151. In the event County determines prior to July 10,
1995, that it cannot comply with the permit requirements and the reclamation plan,
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Weld County CO Clerk & Recorder 0.00
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County may terminate this Agreement and both parties shall be released from their
respective rights and obligations herein provided. Hiner makes no representations
or warranties regarding the requirements for reclamation and other permit
requirements. In the event County elects to proceed with mining, it shall do no act
nor take any action which would jeopardize the financial warranty posted by Hiner
with the Mined Land Reclamation Board. In the event Hiner's financial warranty is
forfeited or drawn upon by said Board as the result of the actions of County, Hiner's
sole remedy shall be to recover from County any costs incurred by him associated
with the action taken against the financial warranty.
3. Hiner has an adjudicated irrigation well on the Hiner Property which is currently
augmented by G.A.S.P. It is believed, however, that an augmentation plan will be
necessary in order to satisfy local, state, and federal requirements for water
augmentation resulting from the mining operations contemplated by County on said
parcels. Hiner shall pay for any and all consultation services necessary to complete
the augmentation plan and shall purchase all water necessary to comply with the
augmentation plan. County agrees to review the current augmentation and the
augmentation plan to be completed in the future. In the event County determines that
the current augmentation or the augmentation plan is insufficient for open pit mining,
County shall have the right to terminate this Agreement and both parties shall be
released from their respective rights and obligations herein provided. Hiner makes
no representations or warranties as to the adequacy of the augmentation for open pit
mining. County shall provide its staff to assist Hiner and his consultant in producing
the augmentation plan.
4. Hiner shall dedicate to County any and all drainage easements necessary to provide
proper drainage for correctional facilities to be built on Tract A and to provide
drainage for that property located in Sections 19 and 30, Township 6 North, Range
65 West of the 6th P.M., Weld County, Colorado. The drainage from Sections 19
and 30, Township 6 North, Range 65 West shall include storm water and waste
agricultural irrigation water from approximately 236 acres in said sections. The
drainage from Tract A shall be for storm water and for landscaping irrigation.
5. County shall build and pay for all drainage facilities required, including culverts and
cement aprons, for the drainage onto Hiner Property within said drainage easements.
6. County shall build spillway structures for Hiner from lakes located on Hiner Property
and for water directed to the Poudre River.
7. County shall, in the course of mining the 3.2 acre parcel, transport excess top soil to
the west side of Hiner's access road to fill a flood plain area which currently exists.
8. County shall mine the 3.2 acre and 19.5 acre parcels in such a way as to provide
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proper slopes in accordance with any gravel permits and reclamation plans currently
in place and/or to be acquired, including final seeding of shores of the lake areas.
9. County shall pay Hiner the sum of $73,361 for the right to mine said gravel from the
parcels described herein and to purchase the drainage easements described herein,
which shall be paid one-half ($36,680.50) on July 10, 1995, and one-half
($36,680.50) on July 10, 1996.
10. County shall build and maintain a road accessing Hiner Property and provide a
secured access to Hiner and his guests. The parties agree that the location of said
access road shall be agreed to at a later date. County further agrees to mine the 3.2
acre and 19.5 acre tracts in such a way as to provide Hiner with a roadway along the
northern edge of the lake on the 19.5 acre tract.
11. County shall mine the 3.2 acre and 19.5 acre tracts according to a schedule agreed to
with Hiner to minimize the impact to recreational uses of the lake on the 19.5 acre
tract.
12. County shall make a good faith effort to complete all mining and remove all mined
materials as soon as possible; however, all such mining and removal shall be
completed no later than five years after the signing of this Agreement.
13. Hiner agrees to allow the storage of all mined materials on Hiner Property until
County removes the same.
14. County shall mine and leave for Hiner's use 7,500 yards of gravel crushed to
county road specifications.
15. With only those exceptions as specifically stated herein, this Agreement contains the
entire agreement and understanding between the parties to this Agreement and
supersedes any other agreements concerning the subject matter of this Agreement,
whether oral or written. No modification, amendment, novation, renewal, or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever unless mutually agreed upon in writing by the undersigned parties. No
breach of any term, provision, or clause of this Agreement shall be deemed waived
or excused, unless such waiver or consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent by any party hereto or waiver of
a breach by any other party, whether express or implied, shall not constitute a consent
to, waiver or, or excuse for any other different or subsequent breach.
16. 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 a
provision, to the extent that this Agreement is then capable of execution within the
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original intent of the parties.
17. 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 that did not
previously exist with respect to any person not a party to this Agreement.
18. County agrees to indemnify and hold Hiner harmless from all claims, obligations
and liability arising from and by virtue of County's mining of gravel and construction
and operation of the drainage facilities located on Hiner's property; provided,
however, that the liability of County shall be limited to the limits of County's liability
insurance coverage, which County shall maintain throughout the term of this
Agreement in an amount not less than $1,000,000.
19. County shall be responsible for maintenance of its drainage facilities and shall repair
any damage to the Hiner property caused by County's installation and operation of
its drainage facilities.
20. County shall arrange for KLH Engineering to prepare a set of plans and specifications
for the drainage facilities. Upon their completion, they shall be subject to review and
approval by Hiner and a copy thereof shall be attached to and made a part of this
Agreement.
21. The ingress and egress of County over the Hiner Property for the installation, repair,
maintenance, and operation of the drainage facilities shall be limited to those routes
depicted on the plans produced by KLH Engineering on behalf of County and
approved by Hiner as required in paragraph 20., above.
IN WITNESS WHEREOF, the parties hereto have subscribed their names this 31�day of
March, 1995.
ATTEST:
BY: d*um-r\ U. N.L1w•
,
•
R. M. HINER CONSTRUCTION
COMPANY,C.
BY:
Corporate Secretary Rex Hiner, President
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ATTEST: A / r (/ ///
CLERK TO THE &)ARD
`Cr
BY:
Deputy C ' o the Board
M:\W PFILES\AGREE\HINER2.G1B
4
COUNTY OF WELD, COLORADO, BY
AND THROUGH THE BOARD OF
COUNTY COMMISSIONERS
BY: 1)//
Dale IC Hall, Chairman
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EXHIBIT "A"
The NW4 of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County,
Colorado,
EXCEPTING THEREFROM a tract of land as conveyed by Deed recorded July 28, 1903 in Book
207 at Page 398, being more particularly described as follows:
The south 120 acres of the NW2 of Section 31, Township 6 North, Range 65 West of the 6th
P.M.
Also, EXCEPTING THEREFROM a strip of land 20 feet wide over and across the NW4 of Section
31, Township 6 North, Range 65 West of the 6th P.M., being more particularly described as follows:
Commencing at a point on the north line of south 120 acres of NW4 of said Section 31, a
distance of 500 feet east from the northwest corner of said 120 acres; thence north in a direct
route to public highway on the line common to Sections 30 and 31, Township 6 North,
Range 65 West of the 6th P.M.
Also, EXCEPTING THEREFROM a tract of land conveyed by Deed recorded March 22, 1927 in
Book 806 at Page 541, being more particularly described as follows:
All that part of the N2N2NW4 of Section 31, Township 6 North, Range 65 West of the 6th
P.M., lying west of the right-of-way for a private road, over and across the strip of land 20
feet wide described above, as conveyed by Deed recorded July 28, 1903 in Book 207 at Page
398.
Also, EXCEPTING THEREFROM all that part of the NW4 of said Section 31 lying north of the
north line of the south 120 acres of said NW4, south of the south line of the N2N2 of said NW4 and
west of the right-of-way for a private road, over and across the strip of land 20 feet wide described
above, as conveyed by Deed recorded July 28, 1903 in Book 207 at Page 398.
Also, EXCEPTING THEREFROM any portion of the NW4 of said Section 31 which may lie south
of the north 44.32 acres thereof and north of the south 120 acres thereof.
But, INCLUDING any and all improvements located thereon and all minerals located thereunder,
with the exception of oil and gas.
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EXHIBIT "B"
Parcel 1:
The E2NE4 of Section 36, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State
of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to the Denver, Laramie, and Northwestern
Railroad Company by deed recorded October 14, 1910 in Book 337 at Page 66.
ALSO EXCEPTING THEREFROM a parcel of land conveyed to L. K. Lee by deed recorded April
22, 1960 in Book 1556 at Page 347.
ALSO EXCEPTING THEREFROM a parcel of land conveyed to Harold H. Short and James G.
Milne by deed recorded April 5, 1968 in Book 593 as Reception No. 1515004.
Parcel 2:
The south 120 acres of the NW4 of Section 31, Township 6 North, Range 65 West of the 6th P.M.,
County of Weld, State of Colorado,
Together with right-of-way for a private road 20 feet in width over and across the remainder of said
NW4 of Section 31, described as commencing at a point 500 feet east of the northwest corner of said
120 acre tract; running thence north in a direct line to the public highway between Sections 30 and
31 in said Township and Range;
ALSO, that part of the N2N2NW4 of Section 31, Township 6 North, Range 65 West of the 6th P.M.,
County of Weld, State of Colorado, lying west of the private road above described.
EXCEPTING THEREFROM parcels of land conveyed to the Denver, Laramie, and Northwestern
Railroad Company by deeds recorded November 7, 1910 in Book 337 at Pages 159 and 160,
ALSO EXCEPTING THEREFROM a parcel of land conveyed to L. K. Lee by deed recorded April
22, 1960 in Book 1556 at Page 347.
Together with all water and water rights, ditch and ditch rights, reservoir and reservoir rights, if any,
appurtenant to the property, including, but without limitation, irrigation wells registered with the
State Engineer's Office of the State of Colorado, Registration No. 014147F, Registration No.
11845F, and Registration No. 19712.
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