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AGREEMENT FOR USE OF SOIL AND/OR <br />GRAVEL FOR ROAD PURPOSES <br />THIS AGREEMENT, made and entered into this ~ day of /~a,,. ~.~., , <br />200 by and between Weld County, Colorado, by and through the Board of County <br />Commissioners of the County of Weld, Colorado, hereinafter referred to as "COUNTY," and <br />Keith and Shirley Ashbaugh, hereinafter referred to as "OWNER." <br />WITNESSETH: <br />WHEREAS, COUNTY is in need of soil and/or gravel for the construction of county <br />roads, and <br />WHEREAS, OWNER owns certain land on which there is soil and sand or gravel <br />suitable for use in construction of county roads and which OWNER desires to have removed <br />therefrom, and <br />WHEREAS, both parties believe that mining will not expose any groundwater to <br />evaporation, and <br />WHEREAS, the parties hereto now desire to enter into this Agreement to meet their <br />individual and mutual needs. <br />NOW THEREFORE, in consideration of the mutual promises and covenants contained <br />herein, the parties hereto agree as follows: <br />GRANT OF RIGHT OF ACCESS TO OWNER'S PROPERTY FOR THE <br />EXTRACTION OF SOIL AND\OR GRAVEL THEREFROM: Owner hereby grants to <br />County the right to enter and have access onto the following described property situated <br />in Weld County, Colorado, for the purpose of extracting soil and\or gravel therefrom for <br />use on County's roads generally located in part of § 15, T7N, R59W of the 6th P.M., <br />Weld County, Colorado, known as the Ashbaugh Pit (hereinafter referred to generally as <br />the "Property.").In the course of said extraction, COUNTY agrees to use its best efforts to <br />keep the banks of the soil and\or gravel extraction pit sloped to prevent Owner's cattle <br />from falling over the banks. Additionally, COUNTY agrees to use its best efforts to <br />reduce the disturbance of any more pasture land than is necessary in order to accomplish <br />the extraction contemplated by this Agreement. The term "extraction" as used in this <br />Agreement shall include the removal of soil and sand or gravel from the Property. <br />sepazate soil pit run only? <br />2. ROYALTY FOR SOIL AND10R GRAVEL EXTRACTED: COUNTY agrees to pay <br />OWNER a royalty of .$ .75 (seventy five cents) escalate who pays severance per ton for <br />all soil and sand or gravel extracted and removed from the property by County during the <br />term of this Agreement. Such royalty is to be paid by the end of the month in which the <br />material is removed. <br />2005-0793 <br />