HomeMy WebLinkAbout20070560.tiff RESOLUTION
RE: APPROVE ARTERIAL ACQUISITION AGREEMENT AND AUTHORIZE CHAIR TO SIGN-
TOWN OF FREDERICK
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 an Arterial Acquisition Agreement between
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, and the Town of Frederick,
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 Arterial Acquisition Agreement between 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, and the Town of Frederick 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 5th day of March, A.D., 2007.
- E y BOARD OF COUNTY COMMISSIONERS
% 4j��EIATUNTY, COLORADO
ATTEST: iix, ' /,� `
tf vid E. Long, Chair
Weld County Clerk to the B Z.: '+f'
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`��"�FJ William H�j e, Tem
BY: �Utt 4U' oil L�xu J� V
D ty CI to the Bold �(J 7-
Wi a F. Garcia
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APPRO S TO F
Robert D. Masden
C A t rney — S S C)O4_n-likal
ate of signature:
3ialiol Douglas ademacher
2007-0560
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(it MEMORANDUM
ITO: Clerk to the Board DATE: 2-27-07
C.
COLORADO FROM: Wayne Howard, /V
Public Works Chief Senior Engineer
SUBJECT: Agenda Item—Frederick IGA for Arterial Acquisition
Request placement of: Frederick IGA for Arterial Acquisition for WRC 13 and SH 52 on the next
available Board of County Commissioner meeting agenda. I have attached two original, duplicate
agreements. Please return one executed original agreement to the Public Works Department for
distribution to the appropriate town authorities.
This agreement authorizes Weld County Department of Public Works to acquire Right-of-way either
by purchase or dedication within the municipal boundaries of the Town of Frederick along WCR 13
from SH 52 north to 5th Street. This agreement is necessary for the acquisition ofright-or-way for the
construction of WCR 13 from SH 52 to 5th Street in the Town of Frederick.
Please note that the signature block for the Chair of the Board is for William H. Jerke. This will
need to change prior to signing.
Enclosures
M:\IGA\Frederick\2-22-07 BOCCAgenda IGA Acauisition of ROW WCR I3.doc
2007-0560
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gj ARTERIAL ACQUISITION AGREEMENT
THIS AR ERIAL ACQUISITION AGREEMENT is made and entered into effective as of
then`'; day of, , A.D. between the COUNTY OF WELD, a political
subdivision of the ATE F COLORADO, whose address is 915 10th Street, P. O. Box 758,
Greeley, CO 80632, hereinafter referred to as "County," and the TOWN OF FREDERICK, a
municipal corporation of the STATE OF COLORADO, with its principal office located at 401
Locust Street, P.O. Box 435, Frederick, CO 80530, hereinafter referred to as "Frederick."
WITNESSETH:
WHEREAS, by and through an Arterial Management Agreement, dated April 28, 2003,
County and Frederick agreed to the designation of Weld County Road ("WCR") 13 as an arterial,
preservation of right-of-way, discussions regarding design standards, and coordination of
improvements, and
WHEREAS,by and through the Arterial Management Agreement,WCR 13 is recognized as
an arterial roadway,providing for corridor movement and distribution of traffic with trip lengths and
travel densities for substantial statewide or countywide travel, and
WHEREAS, the WCR 13 arterial will require the purchase or dedication of additional right-
of-way in both jurisdictions, and
WHEREAS, certain additional rights-of-way for the WCR 13 arterial within the municipal
boundaries of Frederick have been identified for purchase, and County staff has the expertise and
funds committed to effectuate such acquisition so as to obtain the transfer of ownership of such
rights-of-way to Frederick, and
WHEREAS,the parties hereto desire to enter into this Agreement for the purpose of defining
their relative roles and responsibilities regarding such acquisition of additional rights-of-way within
the municipal boundaries of Frederick, and
WHEREAS,County and Frederick are authorized to enter into intergovernmental agreements
with one another,pursuant to C.R.S. §29-1-203 and Colorado Constitution Article XIV, § 18(2)(1),
for the purpose of achieving greater efficiencies for the provision of services to the public.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. IDENTIFICATION OF NECESSARY ADDITIONAL RIGHTS-OF-WAY ALONG
WCR 13 ARTERIAL WITHIN FREDERICK: The parties shall confer with each
other and agree upon those additional rights-of-way along the WCR 13 arterial within
the municipal boundaries of Frederick which must be acquired in order to accomplish
the arterial purpose of the roadway.
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2. COUNTY TO ACQUIRE NECESSARY ADDITIONAL RIGHTS-OF-WAY:
County shall purchase or otherwise acquire the necessary additional rights-of-way for
the WCR 13 arterial from property owners abutting CR 13 from SH 52 to 5`h Street
within the municipal boundaries of Frederick which the parties identify,at no cost to
Frederick.
3. NECESSARY ADDITIONAL RIGHT-OF-WAY CONVEYED TO FREDERICK:
Upon acquisition of the necessary additional rights-of-way for the WCR 13 arterial
from property owners abutting CR 13 from SH 52 to 5`h Street within the municipal
boundaries of Frederick, County shall convey the same to Frederick by Quit Claim
Deed and Frederick shall accept such conveyance.
4. EMINENT DOMAIN PROCEEDINGS: If, after discussions with the owners of the
necessary additional rights-of-way identified for acquisition within the municipal
boundaries of Frederick, such discussions are of no avail, the parties hereto shall
consult with one another to determine if eminent domain proceedings will be initiated
by Frederick.
5. ENTIRE AGREEMENT: This writing constitutes the entire Agreement between the
parties hereto with respect to the subject matter herein, and shall be binding upon
said parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and
assigns of said parties.
6. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to
constitute a waiver of any immunities the parties or their officers or employees may
possess,nor shall any portion of this Agreement be deemed to have created a duty of
care which did not previously exist with respect to any person not a party to this
Agreement.
7. 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 in this Agreement shall give or allow any claim or
right of action whatsoever by any other person not included in this Agreement. It is
the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
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Signed this �.��oday//�oof�/� �� ���� .
ATTEST:
N /�'v �ry OUNTY OF WELD, a political subdivision
Weld County Clerk to the Board L., �f e STATE OF COLORADO:
Deputy Clerk to the Board rk David E. Long, Chair
Board of County Commiss ers of the
County of Weld 03/ 5/2007
ATTEST: TOWN OF FREDERICK, a municipal
corporate TATE OF COLORADO
By: \� � By:
Nanette Fornof, To Eric E. Doering, Mayor
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