HomeMy WebLinkAbout20200898.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: First Amendment to the Right to Enter to Mine the Koskie Pit
DEPARTMENT: Public Works DATE: 03/04/2020
PERSON REQUESTING: Clay Kimmi/Curtis Hall
Brief description of the problem/issue:
In 2013, the County entered into a mining lease agreement with Scott Koskie. The original lease was for 40
acres. The original mine is approaching the end of its life. It is estimated that the current acreage will be
completely mined out by the end of 2020. Mr. Koskie has additional acreage that he is willing to lease to the
County. The roadway materials coming out of the current pit are used on the gravel roads in the northern
portion of the County. Currently, the County pays a royalty rate of $0.75/ton for all materials being hauled out
of the site.
Mr. Koskie is willing to lease approximately 120 acres of additional ground for mining. The royalty rate for the
additional lands will remain at $0.75/ton of material hauled out of the pit. Based on the rate in which the
original 40 acres was mined, it is anticipated that the mining of the additional 120 acres will be completed by
2030.
After approval of the amendment, Public Works will revise the existing Division of Reclamation, Mining, and
Safety permit. The current USR permit will also be amended to encompass the additional acreage. These
permits need to be in place prior to the end of 2020 in order to avoid a potential impact to the mining schedule.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
I. Sign the agreement so Public Works can start on the permitting processes.
2. Don't sign the agreement. If the agreement is not signed, the County will complete the mining of the
original 40 acres and reclaim the property.
Recommendation:
Public Works recommends the BOCC sign the agreement so the permitting processes can be started.
Approve
Recommendation
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Kevin D. Ross
Schedule
Work Session
Other/Comments:
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2020-0898
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FIRST AMENDMENT TO RIGHT TO ENTER AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL FOR ROAD PURPOSES
THIS FIRST AMENDMENT TO RIGHT TO ENTER AGREEMENT TO OBTAIN SOIL
AND/1O5y FOR ROAD PURPOSES (this "First Amendment") is made and entered into
this ((�G a of , 2020, by, and between the Board of County Commissioners of the County
of Weld, State of Colorado, 1150 "O" Street, Greeley, Colorado 80631, (hereinafter referred to as
"County"), and Scott D. Koskie and Carrie M. Koskie, 14570 N CR 7, Wellington, CO 80549,
(hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the County and the Owner entered into a RIGHT TO ENTER AGREEMENT
TO OBTAIN SOIL AND/OR GRAVEL FOR ROAD PURPOSES dated October 30, 2013 under
document number 2013-3066 of the Weld County, Colorado records (the "Right of Entry
Agreement").
WHEREAS, the parties hereto desire to amend and modify certain terms and provisions
of the Right of Entry Agreement to permit County to enter onto an additional portion of Owner's
Property (hereinafter referred to as the "Amendment Area") for the purpose of extracting
soil/gravel, the additional land is described by the map description in exhibit C.
WHEREAS, Owner is in possession of certain property located in:
E1/2 of the NE1/4 of Section 12, Township 10 North, Range 67 West of the 6th P.M. (Parcel
Number 030312100001) and the W1/2 of the NE1/4 of Section 12, Township 10 North,
Range 67 West of the 6th P.M. (Parcel Number 030312100002) hereinafter referred to as
("Owner's Property"), and
WHEREAS, County intends to engage in one or more road improvements project(s) within
Weld County, (hereinafter referred to as the "Project") and is in need of sand, soil, and/or gravel
in order to complete said Project, and
WHEREAS, Owner's Property contains sand, soil and/or gravel which County deems
appropriate for use in the Project and which Owner desires to sell to County, and
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein and other good and valuable consideration, the receipt and adequacy of which are hereby
confessed and acknowledged, the parties agree to amend and modify the Right of Entry
Agreement as follows:
1. The foregoing recitals and conditions of the Right of Entry Agreement dated October
30, 2013 are hereby incorporated as if fully restated in this First Amendment to the
Right of Entry Agreement.
2. Section 6 of the Right of Entry Agreement shall be updated to include Carrie M. Koskie
as a party to be noticed. Additionally, the County's contact information shall be
updated. Section 6 shall state:
Page 1 of 4
Owner:
Address:
Email:
County:
Address:
Email:
Scott D .Koskie
14570 N CR 7
Wellington, CO 80549
scottkoskieCcaol.com
Owner: Carrie M. Koskie
Address: 14570 N CR 7
Wellington, CO 80549
Email: mrbee1969Oamail.com
Jay McDonald, Director of Public Works
PO Box 758
Greeley, CO 80632
jmcdonaldCV wetdaov.com
3. Upon completion of reclamation activities, the County will coordinate with the Owner
to remove and stockpile fencing materials that are installed by the County to a location
near the northeast entrance to the property.
4. Upon completion of mining and subsequent reclamation, Weld County agrees to re-
establish survey pins that were disturbed during the mining process. The survey pins
are shown on the attached survey plat.
5. The Exhibits attached to this First Amendment are hereby attached to and made a part
of the Right of Entry Agreement.
6. Except as expressly amended or modified herein all terms and provisions of the Right
of Entry Agreement shall remain the same. In the event of any conflict between the
terms and provisions of this First Amendment and the terms and provisions of the
Right of Entry Agreement, the terms and provisions of this First Amendment shall
control and supersede over the terms and provisions of the Right of Entry Agreement.
IN WITNESS WHEREOF, the parties have duly executed this First Amendment as of the day and
year first above written.
PROPERTY OWNER:
Scott D. Koskie and Carrie M. ,Koskie p
Owner Signature: �1&_ 'SIC i O,12A:L Date:
Printed Name: Scott D. Koskie, Owner
Owner Signature:
Printed Name: Cad
WELD COU Y:
ATTEST:
Weld • er464he Bo
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Deputy CI
Date:
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BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Pro-Tem
MAR 16 2020
Page 2 of 4
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Exhibit C
Lease Area Amendment Map
NE1/4, Section 12, T10N, R67W, Sixth P.M., Weld County
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DISCAIMER
The GIS database and data in the product is subject to constant
change and the accuracy and completeness cannot be and is not
guaranteed The designation of lots or parcels or land uses in the
database does not imply that the lots or parcels were created or
that the land uses comply with apphcable State or Local Law
WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES
EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS
ACCURACY OR CORRECTNESS OF SUCH PRODUCT. NOR
ACCEPTS ANY LIABILITY ARISING FROM ANY INCORRECT
INCOMPLETE. OR MISLEADING INFORMATION CONTAINED
THEREIN
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Page 3 of 4
WELD COUNTYROAD ` Yy No. 120
7,13,7
A SURVEY PLAT OF (3) TRACTS OF LAND
SITUATE IN THE EAST I/2 OF SECTION 12. TOWNSHIP 10 NORTH. RANGE 67 WEST.
OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
LEGAL DESCR I IONS
TRACT I
TRACT 2.
TRACT 3
CERTIFICATE OF SURVEY
i
DEL.GADO B DELGADO
5 Lc^d n_r,
Page4a4 of 4
Contract Form
New Contract Request
Entity Information
Entity Name*
KOSKIE, SCOTT
Entity ID*
@00035277
Contract Name*
AMENDMENT 1 TO RIGHT TO ENTER AGREEMENT FOR
SAND AND GRAVEL
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3450
Contract Lead*
CKIMMI
Contract Lead Email
CKimm6o.weld.co.us
Contract Description*
FIRST AMENDMENT TO THE KOSKIE LEASE AGREEMENT TO MINE SAND AND GRAVEL.
Parent Contract ID
20133066
Requires Board Approval
YES
Department Project #
Contract Description 2
THIS AMENDMENT COVERS THE EXPANSION OF THE EXISTING GRAVEL PERMIT FROM APPROXIMATELY 40 ACRES TO
APPROXIMATELY 160 ACRES.
Contract Type*
AGREEMENT
Amount
$0.00
Renewable*
YES
Automatic Renewal
NO
Gant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO. WELD. CO. US
Requested BOCC Agenda
Date*
03/16/2020
Due Date
03/12/2020
Will a work session with BOCC be required?*
HAD
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Termination Notice Period
Review Date*
09/18/2029
Committed Delivery Dank
Renewal Date*
10/18/2029
Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head
JAY MCDONALD
DH Approved Date
03/11/2020
Final, Approval
MCC Approved
&DCC Signed Date
&)CC Agenda Date
03/16/2020
Originator
CKIMMI
Contact Type Contact Email
Finance Approver
CONSENT
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
03/11/2020
Finance Approved Date
03/11/2020
Tyler Ref #
AG 031620
Legal Counsel
CONSENT
Legal Counsel Approved Date
03/11/2020
Submit
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