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j' JAN-29-2002 TUE 08�47 AM IIEL D 00 GOUT FAX i10. 'd703520242 P. 02 <br /> ✓ i <br /> i <br /> 1 AGR F,k MENT <br /> CONCERNLNG/ PURCHASE OF BORROW PIT EMBANKMENT FOR CERTAIN <br /> IMPROVEMENTS TO WELD COUNTY ROAD(WCR) 15 BETWEEN WCR 72 AND WCR 74 <br /> —FOR THE PURPOSE OF A ROAD PROTECT. AGREEMENT BETWEENNIARTIN 17ND AIvD <br /> WELD COUNTY, COLORADO <br /> THIS AGREEMENT is made this�ay of.,�NAUarY L-, 20'�� by and between Martin <br /> Lind whose address is 305 Teal Court,Windsor,Colorado 8o55 Onereinafterreferred to as"Owner," <br /> and the County of Weld, a body corporate and politic of the State of Colorado, by and through its <br /> Board of County Commissioners, hereinafter referred to as "County." <br /> %VITNESSETH: <br /> WHEREAS, the County will conduct :he project in nvo phase: Phase I is WCR 62 <br /> between `.'VCR 13 and WCR 1 7; and Phase I7 is WCR 15 between WCR 72 and WCR 74, and <br /> WHEREAS, Owner owns certain land on which there is soil suitable for use in <br /> construction of county roads and which Owner desires to have removed therefrom. and <br /> NOW THEREFORE, in consideration of the mutual promises and covenants <br /> contained herein, the parties hereto agree as follows: <br /> NOW, THEREFORE, the parties herein agree as follows: <br /> 1. Grant of right of access to owner's property for the extraction of soil <br /> therefrom: Owner hereby grants to County the right to enter and have access onto <br /> the following described properrysituated in Weld County, Colorado,for the purpose <br /> of extracting soil for use on Phase I and Phase II of the County road project which <br /> property is located in the N %of the SW 1/4 and SW 1/4 of the NW 1/4, Section 6, <br /> T5N, R67 W.(hereinafter referred to as the "Property.") <br /> 2. Stockpile: County agrees to only stockpile material in a designated area on the <br /> Property and to remove said stockpile on or before December 31, 2003. The County <br /> agrees to control weeds on the stockpile with adequate natural grass or other cover. <br /> 3. Royalty:The County agrees to pay the Owner a royalty of $.50(fifty cents)per ton <br /> for all material removed from the property during the term of this lease. Such rovalty <br /> is to be paid by the end of the month succeeding removal. The amount of material <br /> Page 1 of 3 <br />