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RESOLUTION
RE: AUTHORIZATION OF CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS
TO SIGN MISSLE SITE WATERTAP AGREEMENT.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, are vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, an agreement has been prepared between Weld County,
Colorado and Rick D. Hertzke, d/b/a Hertzke Farms Co. , which
agreement reflects all prior transactions between the County of
Weld and Rick D. Hertzke, d/b/a Hertzke Farms Co. , in connection
with the construction of and transfer of watertap privileges
from Hertzke Farms Co. to Weld County, Colorado at the Weld
County Missle Park located in Section 2, Township 5 North of Range
67 West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, in the opinion of the Board of County Commissioners ,
it would be in the best interest of Weld County to authorize
the Chairman of the Board of County Commissioners of Weld County,
Colorado to execute said agreement for and on behalf of Weld
County, Colorado.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that they do hereby authorize
the Chairman of the Board of County Commissioners of Weld County,
Colorado to execute the missle site watertap agreement dated
March 14, 1977 between Weld County, Colorado and Rick D. Hertzke
d/b/a Hertzke Farms Co.
BE IT FURTHER RESOLVED the the Board of County Commissioners
accepts the easement granted by Ivan E. Bader and Hazel R. Bader,
for the construction of the waterline across lands owned by Ivan E.
Bader and Hazel R. Bader.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 14th day of March,
A.D. , 1977.
1/ Cntcke_ 736 &Bc
' //7/ J 770734
The above and foregoing Resolution was read into the record
and signed on the 14th day of March, A.D. , 1977.
BOARD OF COUNTY COMMISSIONERS
W COUNTY,c COLO O
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ATTEST :
Weld County Clerk and Recorder
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nd Clerk to the Board
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�_ ep y County Clerk
PPRO AS TO FORM:
County Attorney
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MISSLE SITE WATERTAP AGREEMENT
THIS AGREEMENT, executed this 14th day of March, 1977 ,
by and between WELD COUNTY, COLORADO and RICK D. HERTZKE, D/B/A
HERTZKE FARMS CO. , the parties agree as follows :
1. The parties to this Agreement recite that this written
Agreement is being executed to reflect all prior transactions
between the County of Weld and Rick D. Hertzke, d/b/a Hertzke
Farms Co. , in connection with the construction of and transfer
of watertap privileges from Hertzke Farms Co. to Weld County,
Colorado.
2. The parties to this Agreement recite that in July, 1975,
and subsequent thereto, Weld County, Colorado and Hertzke Farms
Co. , entered into a series of agreements whereby Hertzke Farms
Co. would construct a six inch (6") water main from the trans-
mission line owned by the City of Greeley to the property owned
by Hertzke Farms Co. , which is located immediately South of the
Weld County Missle Park, which park is located in Section 2,
Township 5 North, Range 67 West of the 6th P.M. , Weld County,
Colorado. The parties recite that Weld County agreed to pay one-
half (') the capital cost of the construction of the aforesaid
six inch (6") main which cost is recited by the parties to be
Ten Thousand Six Hundred One Dollars and 51/100 ($10 ,601. 51) . The
parties further recite that Weld County has, prior to the date of
this Agreement, paid Hertzke Farms Co. , the sum of $10 , 601. 51 in
full payment of the County' s share of one-half (#) of the capital
cost of said six inch (6") water main.
3. It is further recited by and between the parties to this
Agreement that Weld County has paid to the City of Greeley, the
sum of One Thousand Four Hundred and Seventy Dollars ($1,470 . 00)
for a tap fee for a one inch (1") watertap which payment was made
by the County of Weld to the City of Greeley in March of 1977.
4. The parties to this Agreement further recite that Weld
County and Rick D. Hertzke, d/b/a Hertzke Farms Co. , have agreed
that Weld County should pay to Rick D. Hertzke, d/b/a Hertzke Farms
Co. , the sum of Seven Thousand Five Hundred Dollars ($7, 500. 00) ,
e r1
the receipt of which is hereby acknowledged by Rick D. Hertzke,
d/b/a Hertzke Farms Co. , which sum was paid by Weld County to
Hertzke Farms Co. for the following consideration:
A. Five Thousand Dollars ($5 ,000. 00) as the agreed-upon
value of 150 acre feet of water which was required by
the City of Greeley to be furnished to the City of Greeley
by Rick D. Hertzke, d/b/a Hertzke Farms Co. , in exchange
for the watertap received by Weld County under this
Agreement.
B. Two Thousand Five Hundred Dollars ($2 ,500. 00) as the
agreed-upon value of one-half (5) of a 150 acre foot of
water commitment previously made by Rick D. Hertzke, d/b/a
Hertzke Farms Co. , to the City of Greeley as the consid-
eration for one (1) watertap which will be transferred to
Ivan E. Bader and Hazel R. Bader as consideration for an
easement granted to Weld County by Ivan E. Bader and Hazel
R. Bader, which easement gives Weld County the right to
cross the Bader property with the aforementioned six inch
(6" ) water main.
HERTZKE FARMS CO.
March 11, 1977 By: c,2 D.
Ri k D. Hertz
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
March 14, 1977 By: ,Li t!/, t7;7�!/J
J e Steinmark, Chairman
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Recorded at .___.L�=_�-, o'clock
Rec. No. 117086°2 Mary Ann Feuerstein, Recorder
1.7 I
EASEMENT
We, Ivan E. Bader and Hazel R. Bader, husband and wife,
tenants in common, of 409 East 10th Street, Loveland, Colorado,
County of Larimer, State of Colorado, in consideration of re-
cP ceiving one 3/4 inch domestic water tap and the prospective
benefits to be derived by reason of the locating, establishing,
constructing and maintaining a certain waterline, as hereinafter
described, under the supervision of the Board of County Commis-
sioners of Weld County, Colorado, hereby grant, bargain and convey
to the County of Weld,State of Colorado, and Rick Hertzke of
4929 West 4th Street, Greeley, Colorado, as joint tenants , a
permanent easement and right-of-way and a temporary construction
easement hereinafter more particularly described and designated,
over and across lands owned by us, situate in the County of
Weld, State of Colorado, said lands being more particularly
described as follows:
The Northwest Quarter of Section 11, Township 5
North, Range 67 West of the 6th P.M. except a
parcel conveyed by a deed recorded in Book 995 ,
Page 137 , and except a right-of-way conveyed
by a deed recorded in Book 999 , Page 406 , and
except a reservation in a patent recorded in
Book 208, Page 27 and in a deed recorded in
Book 406 , Page 205, all in Weld County, Colorado
records.
The easement and right-of-way hereby conveyed is for the sole
purpose of locating, establishing, constructing and maintaining
over and across the above described land, a certain waterline, the
route and course of which is described as follows :
A ten foot (10 ' ) wide permanent easement across
part of the Northwest Quarter of Section 11,
Township 5 North, Range 67 West of the Sixth P.M.
located in Weld County, Colorado; the centerline
of said easement being more particularly defined
as follows:
Beginning 50 ' West and 40 ' South of the Na corner
of Section 11 and extending in a southerly direction
and parallel to the center of said Section 11, 1,761. 0
feet to a point on the northerly right-of-way line of
the Colorado Department of Highways Right of Way
(U.S. 34) which is the point of termination;
and also a temporary construction easement to be used and occupied
temporarily during the initial construction of the waterline, more
18:717J8602
particularly described as a 35 foot wide temporary construction
easement adjacent to the West side of the above described per-
manent easement.
We release the County of Weld, State of Colorado from any
and all claims for damages arising in any way or incident to the
construction and maintenance of the waterline across the de-
scribed land. 5'
IN WITNESS WHEREOF, we have hereunto set out hands this /c
day of January, 1977
IVAN E. BADER
giw 1 B
HAZEL R. BADER
14ctJ 7T • ' rLxv
STATE OF COLORADO )
SS.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this /o‘
day of p,t , 197 7 by K/4 - ;Gz-phi .
WITNESS my hand and official seal.
My commission expires ;, ,, /277• �'-•
N. . ryublic
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memORrinDU11
WLIDCTo County Commissioners _ Date March 3, 1977
COLORADO From Barton Buss ,,79")
subject: Missle Site Water Tap
Following are the final costs for installation of the water line and water tap to
the Missle Park:
Right-of-way & raw water $7,500.00
Main line share 10,601 .51 MELD MINTY ItaillINERS
Plant investment fee for 1" tap 1 ,470.00 D aC ,ITV E
Total cost $19,571 .51 MAR 3 1977
1
r.a EELEY. COLO.
cc: Frank Smith
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