HomeMy WebLinkAbout20202038.tiffRESOLUTION
RE: APPROVE RIGHT OF ENTRY AGREEMENT FOR ENVIRONMENTAL ASSESSMENT
AND RESPONSE AT FORMER F.E. WARREN AIR FORCE BASE, ATLAS 'E' MISSILE
SITE #12, AND AUTHORIZE CHAIR TO SIGN - US ARMY CORPS OF ENGINEERS
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 a Right of Entry Agreement for
Environmental Assessment and Response at Former F.E. Warren Air Force Base, Atlas `E'
Missile Site #12, 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 Buildings and Grounds,
and the U.S. Department of the Army, 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 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 Right of Entry Agreement for Environmental Assessment and
Response at Former F.E. Warren Air Force Base, Atlas 'E' Missile Site #12, 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 Buildings and Grounds, and the U.S. . Department of the Army,
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 13th day of July, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddatio d ;11
Weld County Clerk to the Board
Deputy Clerk to the Board
ounty Attorney
Date of signature: 07/I ,/20
Mike Freeman, Chair
Cc:po(s. mimic tII)
off/I I /24
2020-2038
BG0022
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 400-2023
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
August 10, 2020
To: Board of County Commissioners
From: Toby Taylor
Subject: Missile Site Right of Entry Agreement (2020-2038)
The Atlas E Missile Site #12 belongs to Weld County. The Army Corps of Engineers is responsible for
environmental cleanup associated with when the Missile Site was active. As such, the Army Corps and
their contractors, will need periodic access to the site to perform the necessary work. Attached is a
copy of the executed Right of Entry agreement which the BOCC approved through item 2020-2038.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
1616 CAPITOL AVENUE, SUITE 9000
OMAHA NE 68102-4901
REPLY TO
ATTENTION OF
July 17, 2020
Real Estate Division
SUBJECT: Executed copy of Right of Entry; DACA45-9-20-00110, Former F.E. Warren AFB,
Atlas "E", Missile Site # 12, Weld County, Colorado
Weld County
Attn: Toby Taylor
P.O. Box 758
Nunn, Colorado 80648
Dear Sir:
Enclosed for your record is an executed copy of a Right of Entry: DACA45-9-20-00110
Thank you for your cooperation. If you have any questions regarding the Right -of -Entry
document feel free to call James L. Williams of my staff at telephone number 402-995-2853.
Sincerely,
ae,6.,,e_
Rick L. Noel
Real Estate Contracting Officer
Enclosure
DEPARTMENT OF BUILDINGS AND GROUNDS
PHONE: (970) 400-2023
FAX: (970) 304-6532
WEBSITE: www.co.weld.co.us
1105 H STREET
P.O. BOX 758
GREELEY, COLORADO 80632
July 7, 2020
To: Board of County Commissioners
From: Toby Taylor
Subject: Missile Site Right of Entry Agreement
The Atlas E Missile Site #12 belongs to Weld County. The Army Corps of Engineers is responsible for
environmental cleanup associated with when the Missile Site was active. As such, the Army Corps and
their contractors, will need periodic access to the site to perform the necessary work. Attached is the
Right of Entry agreement for the next 60 months. Buildings & Grounds is recommending approval of
this Right of Entry agreement.
If you have any questions, please contact me at extension 2023.
Sincerely,
Toby Taylor
Director
2020-2038
o7/c3 �Goo2�
DEPARTMENT OF THE ARMY
RIGHT -OF -ENTRY
FOR
ENVIRONMENTAL ASSESSMENT AND RESPONSE
FORMER F.E. Warren AFB ATLAS "E"
Missile Site # 12
Windsor, Weld County, Colorado
Weld County
Attn: Toby Taylor
P.O. Box 758
Greeley, Colorado 80632
The undersigned, herein called the "Owner", in consideration for the mutual benefits of the work
described below, hereby grants to the UNITED STATES OF AMERICA, hereinafter called the
"Government", a Right -of -Entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable and assignable right to enter in
on, over and across the land described below, for a period not to exceed 60 months, beginning with the
date of the signing of this instrument, for use by the Government, its representatives, agents, contractors
and assigns, as a work area for environmental investigation and response; including the right to: store,
move and remove equipment and supplies; erect and remove temporary structures on the land;
investigate and collect samples; make test borings, construct, operate, maintain, alter, repair and remove
groundwater monitoring wells, groundwater purification and injection systems, appurtenances thereto and
other devices for the monitoring and treatment of contamination in soil, air and water; accomplish a
seismic geographical survey identifying subsurface structural and any other such work which may be
necessary and incident to the Government's use for the investigation and response on said lands; subject
to existing easements for public roads and highways, public utilities, railroads and pipelines; reserving,
however, to the landowner, its heirs, executors, administrators, successors and assigns, all such right, title,
interest and privilege as may be used and enjoyed without interfering with or abridging the rights and
Right -of -Entry hereby acquired.
2. The Owner also grants the right to enter and exit over and across any other lands of the
Owner as necessary to use the described lands for the purpose listed above.
3. All tools, equipment and other property taken upon or placed upon the described land by the
Government shall remain the property of the Government and may be removed by the Government at
any time within a reasonable period after the expiration of this Right -of -Entry.
4. If any action of the Government's employees or agents in the exercise of this Right -of -Entry
result in damage to the real property, the Government will, at its sole discretion, either repair such
damage or make an appropriate settlement with the Owner. In no event shall such repair or settlement
exceed the fair market value of the fee interest of the real property at the time immediately preceding such
damage. The Government's liability under this clause is subject to the availability of appropriations for
such payment and nothing contained in this agreement may be considered as implying that Congress will
at a later date appropriate funds sufficient to meet deficiencies. The provisions of this clause are without
prejudice to any rights the Owner may have to make a claim under applicable laws for any damages other
than those provided for herein.
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5. The Owner of said property shall not be responsible or liable for injuries to persons or
damage to property when such injuries of damage are caused by or result from the Government's use of
the premises under the terms of the Right -of -Entry and are not due to the negligence of said Owner.
6. The Owner, Weld County B0CC at ( 970 ) - 403-2023 , will be
contacted by the field crew 10 days prior to entering the property.
7. The land subject to this Right -of -Entry is located in Weld County, State of Colorado as shown
on the attached map referred to as EXHIBIT "A", and identified as Parcel No. 095702000005 , in the
Weld County Assessor's Office.
SIGNED THIS 13th day of July , 20 20 .
OWNER: THE I,JNITEDASTATES OF AMERICA
Signature
Mike Freeman, Chair
Board of Weld C unty Ccmni zi oners
(Type or print name)
Rick L. Noel
Real Estate Contracting Officer
K:',RE PUB`.MILITAR' BRAINCH`.IMilitary Branch\HTRVV Program'; .E. Warren At'as Miss ie
Sites'Atlas E 5-13`.Atlas E Site 1TW\,'eld County, Colorado
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Former FE Warren
Atlas Site 12
Weld County, CO
Streams/Rivers
Railroads
Streets/Roads
Parcels
0 1,000 2,000
4,000
Feet
Owner: Weld County
Disclaimer The Government furnishes this data and the recipient accepts and uses
it with the express understanding that the United States Government makes no
warranties, expressed or implied, concerning the accuracy. completeness. reliability.
usability, or suitability for any particular purpose of the information and data furnished
The United Stales shall be under no liability whatsoever to any person by reason of any
use made thereof Data displayed on this map are approximations derived from GIS
layers and should NOT be used in place of survey data or legal land descriptions
Real
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02- MAR -2020
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March 4, 2020
Real Estate Division
Weld County
Attn: Toby Taylor
P.O. Box 758
Greeley, Colorado 80632
Dear Sir:
Our records indicate that you own a parcel of land which is located on the former F.E. Warren AFB, Atlas
"E" Missile Site # 1. Please be advised the Department of Defense (DoD) has established the Defense
Environmental Restoration Program for formerly used defense sites to investigate potential contamination attributed
to past base operations. All costs in this investigation will be funded by the Defense Environmental Restoration
Program.
We respectfully request your permission to allow our sampling crews to enter upon your property to
complete an environmental assessment and response, explained further in the Right -of -Entry (ROE). Your
permission will be valid for a period not -to exceed 60 months beginning with the signing of the ROE. A U.S.
Army Corps of Engineers representative will attempt to contact you at least 10 -days prior to commencing any
activity on your property.
Enclosed are three copies of the ROE. After review and if you approve, please sign two copies and return
them in the enclosed post-paid envelope. The third copy is for your initial records pending receipt of a Right -of -
Entry fully -executed by the Real Estate Contracting Officer.
If you have any questions regarding the investigation, please contact the Project Manager, Steve Woody at
(402) 996-3779 or by e-mail at Steve.Woody(ciusace.army.mil. Any questions concerning the document, please
contact James Williams of my staff at (402) 995-2853 or by e-mail James.L.Williamsna,usace.army.mil. Thank you
in advance for your cooperation.
Sincerely,
SUSAN L. GODING
Chief, Real Estate Division
Real Estate Contracting Officer
Enclosures
Copy Furnished (w/enclosures)
CENWO-PMH-A (Steve Woody)
HTRW/2853
WILLIAMS
VAUGHAN
WHALLEY
GODING
WILLIAMS
K:\RE_PUB\MILITARY BRANCH\lMilitary Branch\HTRW Program\ FE Warren Atlas Missile Sites\Atlas E 5-
13\Atlas D Site 12\Shur-View LTD Partnership
RE: MISSILE SITE RIGHT OF ENTRY AGREEMENT
APPROVED ,& TO SUBSTANCE:
Elected Official or Department Head
APPROVED AS TO
Controller
FUNDING:
APPRCrS fJ ORM:
County Attorney
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