HomeMy WebLinkAbout20253186 Resolution
Approve Reimbursement Letter Agreement for County Road 9.5 Lateral Ditch
Crossing and Authorize Chair to Sign — Allan and Shelly Carison
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute anc� 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 a Reimbursement Letter Agreement for the
County Road 9.5 Lateral Ditch Crossing 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 Allan and Shelly Carlson, commencing upon full
execution of signatures, with further terms and conditions being as stated in said
agreement, and
Whereas, after review, the Board deems it advi�able to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
fdow, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Reimbursement Letter Agreement for the County Road 9.5 Lateral
Ditch Grossing 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 Allan and Shelly Carlson, be, and hereby is; approved.
�e it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 19th day of November, A.D., 2025:
Perry L. Buck, Chair: Aye �
Scott K. James, Pro-Tem: Aye ��
Jason S. Maxey: Aye �
Lynette Peppler: Aye ��1 � �
Kevin D. Ross: Aye
Approved as to Form: ���
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
ec:p�„�(cH/KH/�p/5Q) 2025-3186
\a\ r,�\a5 EG0083
Wit LYONS EGADDIS
&COUNSELORS
cweaver@lyonsgadd is.com
0: 303-776-9900
November 7, 2025
Weld County VIA EMAIL
Cc:Adria Schiel aschiel@weld.gov
Re: Weld County Road 9 Y2 Crossing Carlson Lateral Ditch
This firm represents Shelly and Allan Carlson (the "Carlsons"), who own a private lateral ditch (the
"Ditch"). Weld County is proposing to cross the Ditch and easement (the "Easement") for the Ditch
and enclose the Ditch within a culvert or bridge for the extension of Weld County Road 9 1/2 and
installation of that road. Weld County cannot cross the Easement and/or the Ditch without a written
agreement with the Carlsons licensing the crossing.
Before starting this process, as is standard, the Carlsons require confirmation that Weld County will
reimburse the Carlsons for their legal and engineering fees incurred in reviewing the proposed plans
and specifications and attempting to negotiate an agreement for the crossing. Statements for the
costs chargeable to Weld County, along with invoices documenting the actual costs incurred, will be
forwarded to Weld County and the same shall be paid to the Carlsons within forty-five (45) days after
the billing is received. At this time, Weld County agrees to reimburse the Carlsons' legal and
engineering incurred in connection with proposed crossing up to$5,000.
The Carlsons will also charge a license fee of$10,000 for the crossing of the Easement.
Once the Carlsons are assured that Weld County will reimburse their legal and engineering fees, the
Carlsons' engineer will review the plans and specifications for the proposed crossing and we will
draft an agreement which, if entered into, will license the crossing. At this time, the Carlsons are not
granting Weld County permission to begin construction and the Carlsons do not guarantee that they
will enter into an agreement to approve the proposed crossing of the Easement.
An authorized representative of Weld County or an affiliated responsible entity must sign below to
confirm that Weld County or an affiliated responsible entity will be responsible for the Carlsons'
expenses in this matter.
Please contact me if you have questions.
Sincerely,
Casey eaver
LYONS GADDIS,P.C.
Longmont Louisville Littleton Glenwood Springs
303 776 9900 I www.lyonsgaddis.com
2025-3186
1A9 Cci00�3
LYONS GADDIS
Reimbursement Letter Agreement
November 7, 2025
Page 2
Board of County Commissioners
Weld County, Colorado
Signatur
Perry L. Buck
Print Name of Person signing
Chair
Title
NOV 1 9 2025
Date
Attest: efC'4
sther E. Gesick, Clerk to the Board
uty Clerk to the Board
Please provide the contact information of the person or people who should receive invoices for
reimbursement:
Name:
Position:
Email Address:
Phone:
Work Order Number or
Billing Reference Code
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