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Home My WebLink About791158.tiff Y RESOLUTION RE: AUTHORIZATION FOR CHAIRMAN OF THE BOARD OF COUNTY COMMIS- SIONERS TO SIGN AGREEMENT BETWEEN THE UNITED STATES OF AMERICA ANDWELD COUNTY, COLORADO CONCERNING CONSTRUCTION OF WELD COUNTY ROAD 13. 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, in order for Weld County, Colorado to construct an' extension of Weld County Road 13, it will be necessary to cross a right-of-way owned by the United States of America, and WHEREAS, a right-of-way license concerning said construction has been presented to the Board of County Commissioners of Weld County, Colorado, and WHEREAS, the Board of County Commissioners deems it advis- able to authorize the Chairman of said Board to sign said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the Chairman of the Board be, and hereby is, authorized to sign the agreement be- tween the United States of America and Weld County, Colorado concerning the construction of the extension of Weld County Road 13. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, ' COLORADO 6fg 1(At ATTEST: •, hoc Weld County Clerk and Recorder and Clerk to the BotrC� =Y: ; A, Jay =putt' county APP OVED AS TO FORM: ��//f County A torney ` Lu CD Ei DATE PRESENTED: JULY 16, 1979 5 67 a - 0 / 3 19161`U53 DIRECTORS OFFICERS BOULDER COUNTY �.1.-�' " �i� / � �'d r•. - GORDON C.DYEKMAN.PRESIDENT MILTON H.NELSON ,..,_,f' t _ �Y/^ �,,. ,, ,,c�.��` MILTON H.NELSON.VICE.PRESIDENT EVERETT C LONG `p '*� 'A�„(:..-;..44 'zn°�� •` "^-'-" 'F �''� �s-.,.. L F.PNIPP5.SECRETARY G.RAYMOND JOYCE LARRY D.SIMPSON; TREASURER LARIMER COUNTY GORDON C.DYEKMAN a" .4E`R.�>✓ 1 '� cln " " STAFF JOHN R.MOORE s.±11 .,..� O c WARD H.FISCHER � S.�' - a• � �""" ea.. • WE F.PNIPP5.MANAGER WELD COUNTY -—-- — ^', -- — -- — . ;-sr — - ASSISTANT MANAGER W.D.FARR ROBERT R.SMITH, WILLIAM E.BOHLENDFR O.8 M.SUPERINTENDENT SAMUEL S.TELEP NORTHERN COLORADO WATER CONSERVANCY DISTRICT WASHINGTON AND 1250 NORTH WILSON AVENUE MORGAN COUNTIES (I MILE WEST OF LAKE LOVEIAND ON HIGHWAY 34-1 BLOCK SOUTH) LEGAL COUNSEL: DAVIS.GRAHAM&STUBBS E.L.CANEVA P. O. BOX 679 303-667-2437 COLORADO NATIONAL BUILDING LOVELAND, COLORADO DENVER.COLORADO 80202 LOGAN COUNTY 80537 JOHN M.SAYRE. H.H.VANDEMOER PRINCIPAL COUNSEL • JON N.HALVERSON. SEDGWICK COUNTY ASSOCIATE COUNSEL KIYOSHI OTSUKA July 3, 1979 DIRECTOR EMERITUS CONSULTANT J.BEN NIX J.R.BARKLEY Mr. Drew Scheltinga Department of Engineering • , Weld County Colorado P. 0. Box 758 Greeley, Colorado 80631 • Dear Drew: Enclosed are four copies of a Right-of-Way License to permit the construction of a protective siphon cover and your County Road No. 13 over the Firestone Siphon located in Section 25 & 30 just West of Fire- stone, Colorado. Please have each copy of the License signed by the appropriate officials of your county,' have the-signatures notarized, and return all four copies to us for further processing. A copy of your drawing referred to in the License will be attached to each copy when the License is trans- mitted -to the Bureau of Reclamation for final approval. A copy of the License will be returned to you when fully executed. A check in the amount of $100.00 to "U. S. Bureau of Reclamation, L.M. Region" should also be submitted with the Licenses to cover the License fee' as specified under Article 8 of the License. • Sincerely, 411— • O. & M. Superintendent RRS:cl Enclosures • - Contract No. `!-70-L1075 UNITED STATES J • DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION Colorado-Big Thompson Project • LICENSE • THIS CONTRACT made this 23d - day of July 1979 , pursuant to the Act of August 4, 1939, (53 Stat. 1196, 43 U.S.C. Section 387) and Acts amendatory thereof or . supplementary thereto, between the United States Of America, hereinafter termed the United States, and Weld County Colorado, .a Political Snl-Y7ivision of the State of Colorado acting by and through its duly authorized Board of Commissioners and County Clerk and hereinafter termed the'Licensee. • WITNESSETH: The following grant and mutual covenants by and between the parties: 1 . For the consideration and subject to the covenants , conditions , and limitations hereinafter set out, the United States does hereby grant unto the Licensee, the right and privilege and license to construct, operate, maintain, and use One reinforced concrete protective siphon cover and public highway on and across the following described rights-of-ways of the United States situated in the County of Weld , State of Colorado, to-wit: A strip of land 70 feet wide located in the NW4 of Section 30, Township 2 North, Range 67 West, of the 6th P.M. , and the NE4 of Section 25, Township 2 North, Range 68 West, of the 6th P.M. , the centerline of said strip of land being more particularly described as crossing the right-of-way of the South Platte Supply Canal along a line parallel to and 5 feet easterly, measured at right angles from the east line of said Section 25 at or near Canal Station No. 1072+80. • F ... • 2. CONSTRUCTION . The facilities constructed or installed by the Licensee on the above lands under the terms of this grant shall be constructed, installed, and maintained in accord- ance with the designs, specifications, provisions , and requirements approved by the United States and the Northern Colorado Water Conservancy District (hereinafter termed the District), hereinafter set out or attached .hereto and by reference made a part hereof: (a) The structures, referred to in Article 1 hereof, shall be constructed at no cost 'to the United States or the District and in accordance with the drawing(s) submitted to the United States and the District, a copy of which is attached hereto and made a part hereof • (b) Where compacting of earth' materials is required around the structures, the materials shall be deposited in horizontal layers and compacted by using pneumatic and/or other suitable mechanical tampers. Backfill materials shall be deposited in horizontal layers of not more than 6 inches in thickness after being compacted. Prior to and during compaction operations, backfill material shall have the optimum practicable moisture content required for the purpose of compaction as determined by the District. (c) All portions of the right-of-way and of the canal bottom, sides, and banks which are disturbed by the process of the Licensee's construction shall be restored to original condition and all fencing and other'facili- ties appurtenant to the canal right-of-way shall be replaced in condition at least equal to the condition of such facilities and appurtenances prior to construction of the structures permitted herein. (d) The Licensee shall notify the District on the day preceding the date of commencing work involved in the installation, or replacement of instal- lations, permitted hereunder. The District will provide inspection of all installations or replacements during the construction thereof, and the Licensee agrees to reimburse the District for all administrative and inspection costs incurred hereby. For purposes of this license, reim- bursement shall be made by the Licensee at the actual hourly rate for labor and equipment currently utilized by the District in computing job . costs. Payment shall be made as set forth in paragraph (f) of this article. (e) The Licensee agrees that construction permitted hereunder shall proceed uninterrupted from the initiation of such construction to its completion. (f) A statement for the total costs properly chargeable to the Licensee hereunder will be forwarded to the Licensee upon completion of the instal- lation and the same shall be paid to the District within thirty (30) days after the billing date. If payment has not been received by the District within said thirty (30) days this License shall immediately terminate. • -2- 3. OPERATION AND USE The facilities constructed and installed by the Licensee on the above lands shall at all times be maintained and used in a manner and'by means that will not create a hazard to the public or to the officials, employees, and contractors of the United States or the District; will not damage or constitute a threat of damage to the facili- ties or operations of the Colorado-Big Thompson Project of the Bureau of Reclamation; or interfere with the operation or-maintenance of said facilities. In the event that said facilities installed by the Licensee are 'not maintained and used as above said, the United States or the Manager of the District shall give notice to the Licensee in writing of such defective or hazardous maintenance or use; and Licensee shall correct such defect or hazard within thirty (30) days. If proper correction is not made within the thirty-day period provided, then the license hereinabove made shall immediately terminate. Extension of the thirty-day period herein provided may be granted by the United States for good cause shown. Notices provided for in this instrument may be served by regular mail addressed to the parties at the addresses shown below. 4. TERM. The license hereinabove granted, unless sooner terminated as provided in either paragraph 2 or 3 above, shall be perpetual. Upon termination as provided in either paragraph 2 or 3 above, the Licensee shall immediately remove all facilities constructed or installed on the above described lands by the Licensee and shall return the land to safe, usable, and cleared con- dition, as determined by the Manager of the District. In the event that Licensee does not, within thirty (30) days.after theetermination of the license, remove all facilities constructed or'installed by the Licensee, the United States or the Dis- trict may remove'the facilities and installations placed on the above lands; dispose of all materials and equipment so removed by such means as may appear advisable; return the premises to a safe, usable, and cleared condition; and recover all costs of removal, disposal, and rehabilitation of the area from the Licensee, successors; and assigns. Under- no circumstances shall the United States, the District, or their employees and contractors be liable for any damage or injury to the Licensee caused or arising directly or' indirectly from the removal of facili- ties and installations as provided herein. 5. ASSIGNMENT The license hereinabove granted shall not be assigned by the Licensee without the prior approval in writing of the Project Manager, South Platte River Projects, Bureau of Reclamation, Loveland, Colorado, or his successor. Any assignees or successors to the right of the Licensee shall be liable and bound under all the provisions of this instrument to the same extent as the Licensee. 6. LAND-USE SUBORDINATION The lands covered by this license are a part of the Colorado-Big Thompson Project of the Bureau of Reclamation. There is reserved to the United States its succes- sors, or assigns, the prior right to use any of the lands herein described to construct, operate, and maintain all structures and facilities including, but not limited to, canals,'wasteways, laterals, ditches, roadways, electrical transmis- sion lines, `dams, dikes, reservoirs, pipelines, telephone and telegraph lines, communications structures generally, substations,' switch yards, power plants, and any other appurtenant irrigation and power structures and facilities, without any payment made by the United States or its successors for such right. -3- . The Licensee further agrees that if the construction of any or all of such structures and facilities across, over, or upon said lands should be made more expensive by reason of the existence of improvements or works of the Licensee thereon, such additional expense is to be estimated by the Secretary of the Interior, whose estimate is to be final and binding upon the parties hereto. Within thirty days after demand is made upon the Licensee for payment of any such sums, the Licensee will make payment thereof to the United States or any of its successors or assigns constructing such structures and facilities across, over, or upon said lands. As an alternative to payment, the Licensee, at its sole cost and expense and within time limits established by the United States, may remove or adapt facilities constructed and operated by it on said lands to • accommodate the aforementioned structures and facilities of the United States. • The Licensee shall bear the cost to the United States of any costs occasioned by the failure of •the Licensee to remove or adapt its facilities within the time limits specified. There is also reserved to the United States the right of its officers, agents, employees, licensees, and permittees at all proper times and places freely to have ingress to, passage over, and egress from all of said lands for the purpose of exercising, enforcing, and protecting the rights reserved herein. The Licensee further agrees that the United States and the District, their officers , agents, and employees and their successors and assigns shall not be held liable for any damage to the Licensee's improvements or works by reason of the exercise of the rights hereinabove reserved; nor shall anything contained in this Article be construed as in any manner limiting other reservations in favor of the United States or the District contained in this license. Use and occupancy of the above said premises by the Licensee shall be subject to the Rules and Regulations of the Northern Colorado Water Conservancy District as the agency responsible for the perpetual care, operation, and maintenance of all transferred facilities of the Colorado-Big Thompson Project. It is understood that this license is granted subject to the Licensee obtaining and transmitting to the District prior approval of the record owners for use by • the Licensee of the rights-of-ways described under Article 1 , except in those cases where said rights-of-ways are owned in fee title by the United States or the District. The Licensee hereby agrees to comply with all provisions of Executive Order 11643, dated February 8, 1972, entitled "Environmental Safeguards on Activities for Animal Damage Control on Federal Lands," as well as related subsequent legislation and • rules and regulations resulting therefrom. 7. INDEMNITY Licensee agrees to indemnify and hold harmless the United States and the District, their agents; employees, and contractors , from claims and liability for damage or injury to property or persons arising or caused directly or indirectly by the occupancy and the use of the above described lands by the Licensee. This shall not be construed to include negligence or wrongful acts of the United States, the District, or their successors and. assigns. 8. CONSIDERATION As consideration for the grant of license hereinabove made, the Licensee shall upon execution of this instrument, pay unto the United States the sum of One Hundred ($100.00) Dollars. • • -4 • 9. NON-PARTICIPATION The Licensee warrants that no person or selling agency has been employed or retained to solicit or secure this license upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial agencies maintained by the Licensee, for the purpose of securing business. For breach or violation of this warranty, the United States shall have the right to revoke the license without liability. No member of or delegate to Congress or Resident Commissioner or officer, agent, or employee of the Department of Interior shall be admitted to any share or part of this license or to any benefit that may arise herefrom, but this restriction • shall not be construed to extend to this. license if made with a corporation or company for its general benefit. UNITED STATES OF AMERICA • • By • Project Manager Bureau of Reclamation Loveland, Colorado * * * * * * * * * * * * * * * * * * * * * * * * * * * • ' LICENSEE: WELD COUNTY,. COLORADO BY Address P. 0. Box 758 Greeley, Colorado -80631 Date July 11, 1979 STATE OF COLORADO COUNTY OF Subscribed and sworn to before me this /6 day of� / q/7 f by • Notar 'c My Commission expires ��L • (SEAL): * * * •* * * * * * * * * * * * * * * * * * * *. * * * * • • The above license is approved by the Northern Colorado Water Conseryaric District. By ./14 /• • : - -5- Hello