HomeMy WebLinkAbout950936.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR INSTALLATION OF CULVERTS AND MOVING OF
EARTH BERM WITH RURAL LAND COMPANY, INC.,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 Installation of Culverts
and Moving of Earth Berm 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
Rural Land Company, Inc., 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, Coloado, that fo
Instlatio
of Culverts and
between the r County ofh Weld,a Statemee ofr Coloarlado,nby and through the Moving Earth Board County
Commissioners of Weld County, on behalf of the Public Works Department, and Rural Land
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 1st day of May, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
D COUNTY, COL RADO
ATTEST: it
Dale K. Hall, Chairman
Weld Count '
ti a ' Fxct ISFn IIATF nF SICININA (AY9
I •
Barba Kirkmeyer, Pr9-Tem
BY:
Deputy CIA to the Board George E. Baxter
APPROVED AS TO FO Fxel ISFn
/ Constance L. Harbert
" unty Attor ey
W. H. Webster
950936
e_e Pz<)) "-wing /Onc(e0,J EG0034
AGREEMENT FOR INSTALLATION OF CULVERTS
AND MOVING OF EARTH BERM
TH' AGREEMENT is made and entered into this / S� day of , 1995,by and
between tht ','ounty of Weld, Colorado,by and through the Board of County Commissioners of the
County of -Id, 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "County,"
and the Rt Land Company,Inc.,P.O. Box 445,LaSalle, Colorado 80645, hereinafter referred to
as "Owner
WITNESSETH:
WHEREAS, Owner owns property located immediately adjacent to Weld County Road 39,
north of WCR 38, and in the Northwest Quarter of Section 31, Township 4 North, Range 65 West
of the 6th P.M., Weld County, Colorado, hereinafter referred to as "the Property," and
WHEREAS,in the spring of 1995 County plans to install a box culvert under WCR 39,north
of WCR 38, to carry stormwater runoff in the direction and in the manner in which it flows in a
southeasterly to northwesterly direction from Section 32 to Section 31-T4N-R65W, and
WHEREAS, there currently exists to the west of WCR 39 an earth berm which is partially
located on the road right-of-way and partially located on the Property, which berm directs water as
it currently proceeds under WCR 39 through existing culverts in a north-northeasterly direction, and
WHEREAS,Owner now desires to reconfigure the berm and drainage system on the Property
in order to accommodate stormwater runoff which proceeds through the new box culvert, and
WHEREAS, County desires to assist Owner in constructing said drainage system in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. RECONFIGURATION OF DRAINAGE SYSTEM ON THE PROPERTY:
Owner specifically consents to the reconfiguration of the drainage system as it
proceeds from the new box culvert to be placed under WCR 39 as shown in the
sketch plan which is attached hereto and is referred to herein as Exhibit"A". Owner
understands and specifically acknowledges that placement of the new berm and
riprap on the Property will most likely result in the loss of agricultural production.
Owner further specifically acknowledges that placement of the new berm and riprap
on the Property as shown in the attached Exhibit"A"does not and will not constitute
a"taking" of the Property by the County; rather, the placement of the new berm and
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950936
riprap shall serve solely to protect the remainder of the Property from stormwater
runoff. The work to place the new berm, riprap, and new culverts with headwall
shall be performed by County. Au,.ingl1 County will perform the work
necessary to remove the existing be alb It#existing 18" pipe, and use the material
from the existing berm to raise the driveway to clear the two new culverts. Owner
agrees that once the drainage system is reconfigured, it shall have the sole
responsibility of maintaining the new dirt berm and raised driveway, and of
maintaining and cleaning the new culverts and cement headwall.
2. COSTS:
The costs for the reconfiguration of the drainage system on the Property shall be as
follows:
A. Owner shall pay for costs of the two new culverts, being arch pipes 72" by
44" in size. County shall acquire the new culverts and then bill Itr. The
total estimated cost of the new culverts is .7ln 8. G 0
B. County shall pay for the costs associated with the work of installing the new
berm, riprap, anjor: eway culverts with headwall ; of removing the existing
tiu 4.
berm andvexxisli'4 "' driveway pipe; and of raising the driveway to allow
clearance over the new driveway culverts when installed.
3. TERM:
The term of this Agreement shall be from the date set forth below to and until time
of completion of the project which is detailed in Exhibit "A".
4. NO WARRANTY OR GUARANTEE:
County does not warrant that the reconfigured drainage system, as shown on the
attached Exhibit"A", will protect the remainder of the Property from all stormwater
runoff. Using the best information available, County staff believes that the
reconfigured drainage system as shown on Exhibit "A" should provide adequate
drainage for stormwater runoff and is designed to carry stormwater runoff in the
manner and direction in which it is likely to flow.
4. NO THIRD PARTY BENEFICIARY ENFORCEMENT:
It is expressly understood and agreed that the 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 claim whatsoever by any other
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950936
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.
5. NO WAIVER OF IMMUNITY:
No portion of this Agreement shall be deemed to constitute a waiver of any
immunities the parties, 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.
IN WITNESS WHEREOF, the parties have hereunto set their hand and seals this 19 day
of April, 1995.
r^f
ATTEST COUNTY OF WELD, COLORADO, BY
AND THROUGH THE BOARD OF
CLERK • (-77 COUNTY COMMISSIONERS OF THE
COUNTY OF WELD
•
BY: tQ BY: ` Aj I, II
Deputy Clerk the Board Dale K. Hall, Chairman 0.0 4i/95
ATTEST: RURAL LAND COMPANY, INC.�
BY: BY: C ZC!/ 4't ,ev
Corporate Secretary
, President
M:\WHILES\AGREERURALLAN GJFI
Sworn and subscribed before me In
Colorado pd Caoradotbis 1S±
day of a Rusk
19_
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M mi Ires a44 19gs
weuc
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950936
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EXHIBIT "A" 00+9
950936
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