The URL can be used to link to this page

Browse Search

Home My WebLink About20110626 RESOLUTION RE: APPROVE TEMPORARY ACCESS AGREEMENT FOR COUNTY ROAD 19 AND AUTHORIZE CHAIR TO SIGN 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 Temporary Access Agreement for County Road 19 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Town of Severance, and Bridle Hill Development Company, commencing upon full execution, 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 Temporary Access Agreement for County Road 19 among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, the Town of Severance, and Bridle Hill Development Company, LLC, 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 7th day of March, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: . ! J % . 4 EXCUSED I `�-` Barbara Kirkmeyer, Chair Weld County Clerk to e6; �;� $ ' y i EXCUSED Sean P. C Pro-Tem Deputy Clerk to the Bo `. F. G is APP D -*FORM: toi coL Dav E. Long, it Pro-Tem 1 // \//�� unty Attorney L USS tad O 21O Doug lasfrtademacher Date of signature: /WV LC) ., Pup 2011-0626 3- as- I I EG0064 MEMORANDUM 1861 - 2011 TO: Clerk to the Board WELDECOU TY DATE: 3/2/2011 FROM: Dave Bauer and Rich Hastings, Public Works Department SUBJECT: BOCC Agenda Item: Approve "Temporary Access Agreement" WCR 19 Access Agreement with Bridle Hill Development Company Request for Approval of"Temporary Access Agreement": The Department of Public Works, Bridle Hill Development Company, and the Town of Severance are requesting that the Board of County Commissioners consider approving the "Temporary Access Agreement" WCR 19 Access Agreement with Bridle Hill Development Company for the proposed temporary sanitary sewerage treatment facility (Membrane Reactor Waste Treatment Plant), located north of State Highway 14, on WCR 19. Weld County Public Works Department and the County Attorney's Office reviewed the above- mentioned signed original document and observed the following: • All Weld County related items, of the "Temporary Access Agreement", are found to be acceptable. Recommendation: The Department of Public Works is recommending approval of the"Temporary Access Agreement" WCR 19 Access Agreement with Bridle Hill Development Company. *Note: BOCC has previously reviewed this issue through Pass-Around Review pc: Don Carroll, Engineering Administrator Kim Ogle, Planning Services M:APLANNING—DEVELOPMENT REVIEW\Mist Projects\Saddler Arena-Bridle HIIIAApprove Temporary Access Agreen Access Agreement with Bridle Hill Development Company-MEMO docx 2011-0626 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW RE: Three-Way Agreement for Temporary Access to WCR 19 —Bridle Hill/Saddler Arena DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: February 22, 2011 PERSON REQUESTING: David Bauer Brief description of the problem/issue: Please see the enclosed Temporary Access Agreement between Weld County, the Town of Severance, and Bridle Hill Development, LLC. Public Works has negotiated this Agreement in order to provide for use of a temporary access to Weld County Road 19 by the Bridle Hill / Sadler Arena development located within the Town of Severance. The access has been constructed and will be utilized for the self-contained sanitary sewer facility under construction by the developer. Public Works proposes to allow continued use of the access until such time as this subdivision connects to the Town of Severance sanitary system. WCR 19 is a gravel road (see attached map). Traffic counts in 2009 were 121 vehicles per day. The Bridle Hill sanitary sewer facility is expected to generate 2 trips per day. Stephanie Arries reviewed the Agreement. Severance and Bridle Hill have already signed the Agreement; the executed copy has been forwarded to Esther. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) There are no costs to the County for this Agreement. If use of the access is denied, the developer's plant operator would have to access from their existing subdivision entrances located 1 mile to the west on WCR 17. Use of the facility access is not expected to result in dust control requirements. Recommendation to the Board: Public Works recommends the Board sign the Agreement. Approve Schedule Recommendation Work Session Comments Barbara Kirkmeyer, Chair Sean P. Conway, Pro-Temp Douglas Rademacher William F. Garcia David E. Long PUBLIC WORKS DEPARTMENT 1 8 6 1 2 0 1 1 1111 H STREET, P.O. BOX 758 GREELEY, COLORADO 80632 WEBSITE: WWW.CO.WELD.CO.US PHONE: (970) 356-4000, EXT. 3750 FAX: (970) 304-6497 WELD,COUNTY February 10, 2011 Don Brookshire John Holdren Town of Severance 231 W. 4th Avenue P. O. Box 339 Severance, CO 80546 Re: Temporary Weld County Road 19 Access Agreement with Bridle Hill Development Company Dear Town of Severance, As you are aware. the Bridle Hill Development Company has plans for a temporary sanitary sewerage treatment facility to be located on Lot 60 within the Saddler Arena Planned Unit Development, a subdivision under Severance jurisdiction. That treatment facility would access to Weld County Road 19 which is under County jurisdiction. The Bridle Hill/Saddler Arena people and the County feel that use of this temporary access across jurisdictions should be documented and agreed to by all affected parties. Enclosed please find a three-way Temporary Access Agreement between Weld County, Severance, and the Developer addressing the location. timing and closure of this access to the County road. Bridle Hill/Saddler Arena has already signed the agreement. Please review the attached agreement. If you agree, please have the appropriate Severance representative sign the original agreement and return it to me. The next step would be acceptance by the Weld County Board of County Commissioners. Upon signature by all parties, I will return copies to all parties. If you have any questions, please do not hesitate to give me a call. 4 2./ 14)44.0_ David Bauer, P.E pc: USR-1767 file M'VDAVE BA Roads-Mayors-Towns'1WCR 17-Sadler Trans to Severance CvrLt 2-la-I I.doc TEMPORARY ACCESS AGREEMENT THIS Agreement is entered into thi: r)t{,, day of Marc!, , 2011, by and between the Town of Severance, Colorado, a Colorado Municipal Corporation (Town), the County of Weld, State of Colorado, acting through its Board of County Commissioners, (Weld County), and Bridle Hill Development Company, LLC (Developer) with respect to a temporary access agreement modifying the Conditional Use Permit and Development Agreement to the extent set forth below. WHEREAS, Developer and Town previously entered into a Development Agreement, Subdivision Improvement Agreement, and Conditional Use Permit Agreement for a development within the Town known as Saddler Arena Planned Unit Development, and WHEREAS, in association with the Saddler Arena Planned Unit Development, an agreement was reached between Town and Developer for a temporary sanitary sewerage treatment facility (Membrane Reactor Waste Treatment Plant) as reflected in the Conditional Use Permit terms, and WHEREAS, in order to properly utilize the temporary sewerage treatment facility, Developer requires a temporary access driveway from Weld County Road (WCR) 19 to the sewerage treatment plant located on lot 60 of the Saddler Arena PUD, and WHEREAS, WCR 19 is a County road and is under County jurisdiction, and therefore not maintained by the Town, and WHEREAS, Weld County will only approve such a temporary access driveway if said arrangement is approved by the Town, and is subject to a formal Agreement between the County, Developer, and Town, and WHEREAS, the Town is willing to allow temporary driveway access from WCR 19 and is e further willing to modify certain existing agreements between the Town and Developer to allow a temporary access driveway from Weld County Road (WCR) 19 to the sewerage treatment plant. NOW THEREFORE, the Parties agree as follows: 1. CONSTRUCTION OF DRIVEWAYAND TERM OF USE: The Town, County and Developer agree that Developer may construct and use a driveway access to WCR 19 as shown on Exhibit A to this Agreement until the earlier of either: a) The cessation of operations of the temporary sanitary sewerage treatment, or b) The completion (as evidenced by Town inspection) of Horseshoe Bend Road within the Saddler Arena PUD subdivision. M:/DaveB/Roads-Mayors-Towns/WCR17—Sadler/ 1 Upon the occurrence of either of the events, the Developer's temporary access rights shall terminate. Under no circumstance shall the temporary access use extend beyond ten (10) years from the date of this Agreement. 2. LIMITED USE OF TEMPORARY ACCESS: Access from Weld County Road 19 shall be solely for the purpose of outfitting, provisioning, and maintaining the temporary sanitary sewerage treatment, and only if it is operated by Developer or by the Saddler Ridge Metropolitan District. 3. IMPROVEMENTS TO TEMPORARY ACCESS: If the installation of any drainage culverts is required, Developer shall be responsible to supply and install such culvert(s), which shall be inspected by Weld County to ensure adequacy of capacity, strength, and length. Developer shall be responsible to maintain the culvert(s) after installation, including periodically cleaning the same. Construction of the temporary access shall conform to the approved construction plans and maintenance of the improvements shall meet all requirements of the County. 4. CONSTRUCTION REQUIREMENTS: Construction in the County Right-Of-Way shall require application to County and approval by County of a Weld County permit. Developer shall ensure that tracking of mud and gravel onto County roads is prevented by use of appropriate tracking controls. Appropriate Best Management Practices shall be utilized to prevent offsite impacts during construction, operation, and decommissioning of the temporary sewerage treatment facility. 5. BOARD OF COUNTY COMMISSIONER APPROVAL: This entire Agreement shall be conditional upon approval by Weld County and its authorization of the access granted herein and shall be subject to the rights reserved herein by the Town and any rights reserved by Weld County. 6. RELEASE OF LIABILITY: Developer agrees to protect Weld County and Town and save and hold harmless Weld County and the Town from any and all third party claims and damages that said Temporary Access upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Weld County. Developer hereby releases Weld County and Town, their successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Developer resulting from any act, either on the part of the Weld County or Town or on the part of any third party. 7. EFFECT OF ANNEXATION: County shall no longer be party to this Agreement in the event that Town (Severance) annexes that portion of Weld County Road 19 between State Highway 14 and the northern limit of the Saddler Arena/Bridle Hill Development or to Weld County Road 84, whichever is greater. 8. SUCCESSORS AND ASSIGNS: This Agreement may not be delegated, transferred or assigned in whole or in part by Developer without the express written consent of Weld County and the Town, and the written agreement of the party to whom the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by Weld County M:/DaveB/Roads-Mayors-Towns/WCR17—Sadler/ 2 or the Town. In the event of sale of the Property, Weld County and/or the Town may agree to release Developer in whole or in part from obligations under this Agreement. 10. VIOLATION OF TERMS OF AGREEMENT: If in Weld County's opinion, Developer has violated any of the terms of this Agreement, Weld County shall notify Developer of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which Weld County believes constitute the violation. Developer shall have thirty (30) days within which to either cure the violation or demonstrate compliance. If, after thirty (30) days have elapsed, Weld County believes in good faith that there has been a violation of the terms of this Agreement, Weld County shall initiate proceedings to revoke the permit which is the subject matter of this Agreement. 11. GOVERNMENTAL IMMUNITY: No term or condition of this agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 12. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any other person or entity not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. DATED this 7 day of MCU'YiJ , 2011 BRIDLE HILL DEVELOPMENT COMPANY, LLC NC • MA b&e-. Okla p � OV. S17' AL® � O TOWN OF SEVERANCE, COLORADO 5 BY: Q_, \_` BY•� ��/� iZ�� Patricia J. Lesh, Town Clerk Don'Brookshire, Mayor M:/DaveB/Roads-Mayors-Towns/WCR17—Sadler/ 3 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: t T "-` David E. Long, Acting Chai ro-Tem Weld ounty Clerk to the Bo Y' 1 test — ./ Deputy C rk to the Bo. `► i APPROVED AS TO FORM: C� A_0 unty A orney M:/DaveB/Roads-Mayors-Towns/WCR17—Sadler/ 4 a7C'// Hello