HomeMy WebLinkAbout980269.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR PURCHASE OF STOCKPILED MATERIALS 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 Purchase of
Stockpiled Materials between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Department of Public Works, and
Gary and Jean Sheffler, P.O. Box 23, New Raymer, Colorado 80642, 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 Stockpiled Materials between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Public Works, and Gary and Jean Sheffler, 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 11th day of February, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
ptbWELD COUNTY, COLORADO
ATTEST: L`►� tefi `'o���j44: I / EXCUSED DATE OF SIGNING (AYE)
L '`0 ali Constance L. Harbert, Chair
Weld Co co
trait / ' ) � rZ�
S
,,ts_ tir,,i e', W. ebster, Tem
Deputy C 7 . _ .. rd
eorge . Baxter
0 AS FORM:
Da a K. Hall
Cou y ttorney _ . eANu. �t�
arbara J. Kirkmeyer (J�/
980269
EG0037
: Pai) 5h-e-Mer
AGREEMENT FOR PURCHASE OF STOCKPILED MATERIALS
THIS AGREEMENT, made and entered into this 4- day of February, 1998, by and
between Weld County, Colorado, by and through the Board of County Commissioners of the
County of Weld, Colorado, 915 10th Street, Greeley, Colorado 80631, hereinafter referred to as
"County," and Gary Sheffler and Jean Sheffler, P.O. Box 23, New Raymer, Colorado 80642,
hereinafter referred to as "Owners."
WITNESSETH:
WHEREAS, pursuant to an Agreement for Use of Soil and/or Gravel for Road Purposes
between the parties herein and dated January 8, 1997, County purchased, mined and processed
soil and/or gravel ("Materials") from Owners' property located in the Southwest Quarter (SW4)
of Section 5, Township 11 North, Range 57 West of the 6th Principle Meridian, Weld County,
Colorado ("the Property"), from January 8, 1997,to January 8, 1998, and
WHEREAS, during said term, County stockpiled said Materials on the Property for later
removal, with the estimate of said stockpiled Materials being 40,000 tons, and
WHEREAS, the parties hereto now desire to enter into this Agreement to clarify their
respective positions regarding the purchase and removal of said stockpiled Materials, and
regarding reclamation of the Property.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM: The term of this Agreement shall be from the date of signature herein to and until
such time as all Materials stockpiled on the Property are removed and paid for by County
and the Property is reclaimed in accordance with the reclamation plans (copy attached) in
Colorado Mined Land Reclamation Permit No. M-8,-202 as determined by the Colorado
Division of Mined Land Reclamation. A/J 'na 1 ev in 1 1 0
by fliar[ h s-, /14'j-, L✓i a A e. )2en ittlnc . 4J)J
2. ROYALTY FOR SOIL AND\OR GRAVEL EXTRACTED: County agrees to pay
Owners a royalty of.45 cents per cubic yard, or .35 cents per ton (each cubic yard equals
1.3 tons), for the Materials removed from the Property. The Materials so removed shall
be weighed prior to removal by using a scale attached to front end loaders. Such royalty
is to be paid to Owners within 10 days of the completion of the removal contemplated
herein.
3. ACCESS: Owners agree to provide County access to the area of the Property where the
Materials are currently stockpiled.
Page 1 of 3 Pages
9802 S9
4. BOOKS AND RECORDS: County agrees to keep accurate records of all Materials
removed from the Property and shall, at all reasonable times, make said records available
to Owners for their inspection.
5. RECLAMATION: County agrees to begin reclamation of the Property upon the removal
of all Materials currently stockpiled on the Property. Such reclamation shall
accomplished in accordance with the reclamation plans (copy attached) in Colorado
Mined Land Reclamation Permit No. M-83-202. Completion of such reclamation and
release from the reclamation requirements of said Permit shall be determined by the
Colorado Division of Mined Land Reclamation.
6. ADDITIONAL AREA TO BE RECLAIMED: County agrees that past mining,
processing and stockpiling of Materials by County resulted in damage to grass and topsoil
on approximately 114 to 2 acres of land owned by Owners and located north of the
permitted mining and stockpiling area of the Property. County agrees to replace said
grass and topsoil at its sole cost, even though such land is not within the area which is the
subject of the required reclamation pursuant to Colorado Mined Land Reclamation Permit
No. M-83-202.
7. NOTICES: Any notices or other communications between the parties shall be addressed
to the following:
OWNER: Gary Sheffler COUNTY: Weld County Public Works Dept.
P.O. Box 23 P.O. Box 758
New Raymer, CO 80742 Greeley, CO 80631
(970) 437-5369 (970) 356-4000, Ext. 4390
8. NON-ASSIGNMENT: This Agreement shall not be assignable without prior written
consent of County or Owner, whichever is the non-assigning party.
9. MODIFICATIONS AND BREACH: 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 transaction, whether oral or written. No
modifications, amendment, novation, renewal, or other alteration of or to this Agreement
shall be deemed valid or 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 or 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 expressed or implied,
shall not constitute a consent to, waiver of, or excuse for any other different or
subsequent breach.
Page 2 of 3 Pages
980f r3
10. SEVERABILITY: If any terms 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 this Agreement is then capable of execution within the
original intent of the parties hereto.
11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and
agreed that enforcement of the terms and conditions of this Agreement, and all rights of
action relating to such enforcement, shall be strictly reserved to the undersigned parties, and
nothing contained in this Agreement shall give or allow any claim or right of actions
whatsoever by any other person not included in this Agreement. It is the express intention
of the undersigned parties that any entity other than the undersigned parties receiving
services or benefits under this Agreement shall be deemed an incidental beneficiary only.
WITNESS WHEREOF,the parties hereto have signed this Agreement this day of
` 7p/12GcCc2U _ , 19
O `� : C OWNER:
ii
�' ..1 v � cz�/ >Ll7i� ��"
G. S a er ; -- -0 Jean Sheffler
ATTES •7r',1w. :_., i, , COUNTY:
Weld Co I. tty tr. % e I .. .
,
11
By: e A n r. _ „@':'�1-' By: 1 ;r.Lh�'�--nrl�
Deputy C��+ /! '- t ( Constance L. Harbert, Chair, Board of
County Commissioners of the County of
Weld, State of Colorado (02/11/98)
C:\W P W IN60\W PDOC S\S HEFF L E R.BTB
Page 3 of 3 Pages
980^C;9
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LEGAL DESCRIPTION
„ A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 11 NORTH ,
RANGE 57 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5 AND CONSIDERING THE SOUTH
LINE OF SAID SECTION 5 TO BEAR NORTH 90 00' 00" EAST, WITH ALL OTHERS BEARINGS
r >; CONTAINED HEREIN BEING RELATIVE THERETO;
THENCE NORTH 90° 00' 00" EAST, 1132:90 FEET;
THENCE NORTH 01° 41 ' 10" WEST, 305.08 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 01° 41' 10" WEST, 650.00 FEET;
THENCE NORTH 88° 18' 50" EAST, 660.00 FEET;
THENCE SOUTH 01° 41' 10" EAST, 650.00 FEET;
THENCE SOUTH 88° 18' 50" WEST, 350.00 FEET;
',` THENCE SOUTH 01° 41' 10" EAST, 284.19 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY
LINE OF WELD C0 NTY ROAD NO. 132 (30 FEET NORTH OF SECTION LINE) ;
* ;' THENCE SOUTH 90 00' 00" WEST , 20.00 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE;
THENCE NORTH 01° 41 ' 10" WEST, 283.60 FEET;
L, " THENCE SOUTH 88° 18' 50" WEST, 290.00 FEET TO THE TRUE POINT OF BEGINNING;
" : SAID TRACT OF LAND CONTAINS 9. 979 ACRES, MORE OR LESS.
SURVEYOR'S CERTIFICATE \��u!0 Brrrr it
I DO HEREBY CERTIFY THAT, UNDER MY PERSONAL SUPERVISION , o` �P .••• c
THIS PLAT AND LEGAL DESCRIPTION WERE PREPARED ON OCTOBER .`V�P��isre9o:P.c^%
3, 1983 FROM AN ACTUAL AND ACCURATE SURVEY OF THE LAND •
COMPL TED ON JULY 1, 1983. * 6616 e,�=
•
i GERALD B. McRAE, PROFESSIONAL ENGINEER AND goFll�'o„oP°
LAND SURVEYOR, COLORADO REG. NO. 6616
9807119 EXHIBIT A
.
1 _
EXHIBIT E '
RECLAMATION PLAN `y
Weld County will initiate the reclamation procedure as part of the
mining phase. The topsoil will be stripped from the area to be mined
and stockpiled. At the end of each mining operation where the pit ql
has been completed, the banks will be shaped to a slope not to exceed
4:1, and the available topsoil replaced. As the reclaimed area is the
same as the mined area , the topsoil depth replaced will be equivalent
to the existing ground topsoil depth. The sloped banks will be left ---
1
in a rough condition to minimize wind erosion and runoff.
l Upon completion of the pit or the end of the lease, the County will P‘
16
complete the recommended seeding and revegetation of the site. See
Exhibit D, pp. 12 - 19 of this report. h' uele0-toti , Welt{ C`„ .,'�� 9 L I lt
T.ence -Fite ilk"' by co".4, UC f1N5 C. / v✓jre -(e,nee ....Jilin it br&ice
east: CornQ✓3 4hC 111)iasfs /4 -El c�cpr 0
• EXHIBIT H
RECLAMATION COSTS
This site has no special requirements regarding the procedures or costs
of reclamation and therefore the $5000.00 base surety for 110 (Permit
for Limited Impact Operation) should be adequate to cover the reclamation
process . The attached letter provides Weld County's guarantee of the
reclamation of this site.
9802( 9 I
CO-ECS-2
„t, : 4/82
(180-12-11), U. S. Department of Agriculture
Soil Conservation Service
______l.i AN EORKFY
Conservatio---nzst
NOV, 17, 1983
RANGE CONDITION INVENTORY Date
RANGE SITE GRAVEL BREAKS
SOIL UNIT INCLUSION OF #20, CASCAJU Cr
. � LAND UNIT - FFL MI
SHEER NE PIT LOCATION OF INVENTORY SW4 SEC. 5-11-57
- - Field Number
- --VF.GEThTION__—'--- Acres
List of Plant Species composi- % in pc
Grasses and Grass-like tion by tential
- -- weight (air- plant corn-
__CRESTED WHEATGRASS a_Y) mur,it}•
- 1 5---
. SAND DROPSEED _
1. NEEDLE AND THREAD - -.- _ _
RED THREEAWN —�
" BUFFALOGRASS - ----_
----_- _ T
-_.___._-...-___- - --_ __ --i
•9rb; And Sin ubs - �_-
- Y -0 BL7W SWEETCLOVER II
RUSSIAN THISTLE -- -_—_ 55
-- T-- T
PROSTRATE VERBENA _
FRINGED SAGE-_. _-- —T -
HAIRY COLDASTER _ T
• ' FETID MARIGOLD __T_
, T
�-
SNAKEWEED
they Fortis and_fraces (T)
Totals - _
i h etas"ion Density y
Range Condition Class ' POOR
Annual Yield , Total
Kc/ha 900 lbs/ac air-dry
a)or An [lasses -Planned for
NIA
`t '`_Annual Palatable Yield, Total
% Kg/ha
lbs/ac air-dry
Annual Useable Yield, Total
:.. — - K9/ha
lbs/ac air-dry
zRange condition class may .�
�,- o be lowered one condition clan from3VOr 'cq
r Fa] r when toral _ s F.xr�1 t .. -
='•• CO-ECS-S
Xi, 6
/62 U.S. Department of Agriculture
9(I60'
12_)I1 Soil Conservation Service
PART I - GRASS SEEDING PLANNED
Planner: A. Iorkey Date: 7/11/83
Producer:
01
' Contract or Agreement I
: i -„Field No. Ac. Contract Item No. Practice No. and (Jame Critinal
" 'Land Resource Area A7 Irrigated Dryland y RangeSite Area P19 rit1nP
_,11Grevr 1 Frpaks
Planned: �.
light disking to remove weeds &
Seedbed Prep: (a) Methodbreak up surface crust Seeding Operation: (a) Method: drill X
(b) Approximate dates interseed
(c) Clean tilled
Firm seedbed broadcast
Stubble cover (b) Drill spacing A_RTT (c) Date
Interseed
Type (d) planting dep: r. 1/2_5/
Other
F rti I iler:
Weed Control:
P unds actual per acre N2 A(1 lbs.
(available) P205 (0 lbs. Mowing:
g: Y
Chemical : _ Type 6 Amou^r,
, .. Dates:
„
( Kind:
Amount: pounds/Ac
Ilox-applied:
• •x-anchored: '
A y grade depth:
S•Y c:
su' (1) (2,
Required PLS rates % of spec,es
Variety Species per acre ( )00%) in mix'urc
.T iig3 Pn n he crot trhPatIIrass 9 0 lh
s /no pnN
r ,: •
(3) (4) (5)
- PLS seeding rate Total LS Ihs/
`": ' r spec ies/Ac. Planned species planned
'i l)x(2) Acres
(S)x(4)
s 9± 81 The_ PT.S
•
'1'
,,r ks
wr;
l A
United States Soil
�, .1 Department of Conservation 4302 W. 9th St. Rd. , Greeley, ,'0 806j/,
�A Agriculture Service
July 13, 1983
1
Cerald ;cRae
icPae z<
y host, Inc. `"
1227 8th 've.
I Creel.ey, C f 80631
: rear !r. icRae:
Please find enclosed information which you requested regarding; the reclamation hf
..four open-pit gravel miVning operations located in Weld Co. , Colorado, on the
,followi.nu sites:
1 . Lehr pit SEk Section 1, T10td, R67W 20 + ac.
"
2. 'heftier pit S1 Section 5, T11N, R57W 9 + ac.
a: 3. ,!ilson pit SrI Section 30, TSN, R57W 20 + ac.
, 4. J. Ehmke pit SE-if Section 12, T1ON, R60W 9 + ac.
t the soils on these sites consist mainly of Cascajo or Peetz gravelly sandy loam.
escriptions of each have been enclosed for your review as well as vegetative
,nventories for the Lehr, Wilson and Ehmke pit areas. Vegetation adjacent to the
heffler nit consisted primarily of crested wheatgrass and yell ra sweetclover.
`rior to actual seeding, the area should be shaped so that slopes do not exceed a
_rade of 4: 1 . Topsoil should then be replaced to a minimum depth of 6 inches.
*election of species was based upon existing vegetation near the sites as well as
e ease of establishment exhibited by certain grasses on the so.' ls involved.
have made two different seeding recommendations to be used nn the four sites -,- ri
ey are as follows:
_,'_ehr, ;_il son and Ehmke_eits
riet lbs./ac. to
;,pecies Lof_11x._ be seeded 'ores Total PC('
r.ghn Sideeats grams % is 4. 5 lbs. /, - i
.vi Blue ng-ton Bl2 lbs.
n grama30 0.9 lbs. 3?.9 lb".
tara Little bluestem , 2g ID 1 .4 lbs. ,-r" a
?Arbil uvJerfr,n 6S-... lbs.
N 2?orwhoa ,a ) J.• D g o
(� J U.'9
'atslvankt 'akidraf�._. 10 3,S ...ex. Jyw j20.0 tbs. ,
n f t
; ` ' ., • - Pure Live Seed = 7 Cermination Y, % Purity
4.0440
980?f9
II. .heffller pit c_jr
Variety species ,L of '1ix. lbs./ac. to be_seededl acres Total_I'_ '
Luna Pubescent wheat 100'a, 9.0 lbs. 9 81 lbs.
Y .
The above seeding rates are based on 40 PLS per square foot for critical area plant-
:Tt.. ings.
'Ihe seed should be planted to a depth of z to 3/4 inches using a grass drill equp-
ped with a satisfactory feeding mechanism, agitator, double disk furrow openers and
packer .wheels. .1 straw mulch should be applied at the rate of 4000 lbs./ac. and
'should be crimped into the soil to prevent blowing. Several other mulching method-
ire available and I have enclosed a copy of our mulching standards and specificat: one
; 2for your use.
Frior to seeding, fertilizer should be applied at a rate of 40 lbs. of phosphorus and
.40 lbs. of nitrogen per acre.
Seeding should be done in the fall of the year, usually after lctober 31st, when t.c
:.round is sufficiently cold enough to prevent germination before the next years grow-
.ring season. Spring seeding (before .April. 15th1 is also acceptable, but not reco-,-
iended, since spring tillage operations tend to deplete soil moisture.
f a grass drill is not available and a broadcast method of seeding is used, the
eeding rate should be doubled and the seed raked into the soil to insure good seed
o soil contact.
t is important that all critical area plantings be protected from disturbances by
ieople, vehicles and livestock until the new vegetation has sufficiently been
stablished.
r can be of any further assistance to you concerning this matter, please contact
ne.
incer ly,
an R. ! orkey
r, age ;'onservationist
eeley :` S Field Office
./kp
a
rew t'heltinga, Meld Co. Engineer
it
9S02£•9
L �
UNITED STATES DEPARTMENT OF AGRICULTURE
� Soil Conservation Service .i<'ch, Lca'. Cui;i
Colorado a.. t [✓
A11 ! oe ld fJL1i
•
sTANU.1Kus AND SPECIFICATION
;;S MULCHING - 484
• (Acre)
> f Standard �`.
Definition
S.+- Straw or Hay Nudeh
Applying; plant residues or Other - --.
nLtt vials nht produced on the site to 1 • The material will_ by erica, ,
- the soil surface. ref or cereal ,;st:;ra, stcuw ( Loth
referred lu as dw in these
)ec r
;'f'.` s if '
Purpose { - catrun::) .
To conserve moisture 2. The normal. rate of appli-
. prevent surface cation shall be 4 ,00U lhs/ac. of
compaction or crusting; reduce runoff
r €, and erosion; control insects; and help air-drymaterial.
establish plant cover.
overr uue area,,
'spread uniformly
Conditions where practice applies 3. At least 5O7- of the gaoler;
i __e by weight shall be IU (aches or
On soils subject to erosion on which °f rc: la length.
low-residue-producing crops, such as
b
grapes .u:.l small fruits are r 4 . The straw will he free D.
G grown; on
Critical nets and noxious weeds.
on soils that have
.r low infiltration rate.
5. One of the following
_ methods of anchoring the straw
Specifications mulch will be used;
_ —
A. General a. Manufactured mulch
- netting: Notch netting will be
I . The area shall be rclaClveL pulled hand tight over straw.
Y Mulch netting wilt be held firmly
smooth and free of gullies or drifts.
in place by metal pins cammer-
2. Mulching (Jelly available from mulch net.
lit)", ng material shall be manufacturers for Ibis
applied tamed Lately before or aftery purpose.
seeding unless seed is applied with wire are usually made of 8 guap,,.
, the u ss wire add are 6-8 inches Long. Phi
n stabilizing sandy spacing wilt he in accordance with
soils it is recommended that seeding; the manufacturer's instructions.
*-• will. he dune after mulch application
ii •
to prevent seeding too deep. For Li the ,sLI is sandy: pi or otl ,rwi _a
a'ddition:tl information referstake, use low ye pins Co i c, and wcandun
k" stakes to firmly _r car,: the
Agronomy Technical Note lr47 (Rev. i).
✓� nctClnf,.
J8C? S
11 ,
1r-) 4H5-Mulching
€ ✓ h. Asphalt: Either liquid or emulsified asphalt pro:hu is may be
'blown on with the straw, or sprayed or sprinkled after the straw is spread .
An .tpptication rate of 0.10 gal/sq.yd. or 500 gal/ace should Lc used with
the liquid asphalt and a rate of 0.04 gal/sq.yd. or approximately 200
;.tl/ac. should be used for the emulsified asphalt. Manufacturer' s
recommendations should be followed in the mixture of asphalt ail carrying
c . Other products are polyvinyl 'I acetates and organic tackifiers.
d. Mechanical method - special equipment is manufactured
specifically for this purpose. However, if a "mulch crimper" i:: notavailable, a farm type disc plow can be used by setting the disc straight
and apply adequate weight to crimp the straw 4 inches into the ;nil.
C. Jute Nettie
A heavy woven Jute mesh designed for mulching. Install in accordance
with the manufacturer's recommendations.
O. Excelsior Mat
Atri - - —----
A wood product covered with a plastic netting. Installation will be in
accordance with the manufacturer's recommendations.
E. Erosion Control Fabric or Blanket
1 A I' '.lcgradable polypropylene material constructed with knitted yarn
f interwoven with ::trips of paper. Installation will be in accuulance with
the manufacturer's recommendations.
F. rei•Jlot or hear and Manure
I . The manure must be of a type that has 607. or more, by weight , heavy
chucks 't inches or more in diameter. Granular or powdery manure will not
'wet specifications.
2 . The minimum rate of application shall be 20 tons per acre spread
uniformly over the area.
1. The manure will he applied immediately before or alter seeding
depen1ing on conditions determined by the technician.
38O c9
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