HomeMy WebLinkAbout20051841.tiff RESOLUTION
RE: APPROVE ARTERIAL MANAGEMENT AGREEMENT FOR WELD COUNTY ROADS 19
AND 74 AND AUTHORIZE CHAIR TO SIGN-TOWNS OF WINDSOR AND SEVERANCE
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 Management Agreement for Weld
County Roads 19 and 74 among the County of Weld,State of Colorado, by and through the Board
of County Commissioners of Weld County, and the Towns of Windsor and Severance,with 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 Management Agreement for Weld County Roads 19 and 74
among the County of Weld,State of Colorado,by and through the Board of County Commissioners
of Weld County, and the Towns of Windsor and Severance 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 27th day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
IEIG%Id WELD COUNTY, COLORADO
1861 r ',- ' -. William H. Je , Chair
Wei ty Clerk to the Board
BY: 4,`��/ j� M. ile, Pro-Tem
, ,
Deputy Clerk to the Board
Davi E. ong
PRO D AS •
Robert D. Masde
n Att ey Vaad
Glenn
ate of signature: 2.--q'' -€LS
2005-1841
BC0035
Oe altA(OCeR, Stvn /fAIC O7`AS C2S-
Frey, Korb, Haggerty Michaels, P.C.
Attorneys at Law
John P. Frey
318 Canyon Avenue,Suite 200
P.O.Box 2283
Fort Collins,Colorado 8052-2283
Telephone(970)4938622
Fax(970)493-1218
Email jfrey@Ikhmlaw.com
June 20, 2005
Bruce T. Barker, Esq. Greg Bell, Esq. D �g
Weld County Attorney Bell, Boge & Associates -�
Weld County Attorney's Office 322 East Oak JUN 2 1 2005
P. O Box 758 Fort Collins, CO 80521 ki
Greeley, CO 80632 WELD COUNTY
ATTORNEY'S OFFICE
Dear Bruce and Greg:
Re: Town of Windsor/County of Weld/Town of Severance
ARTERIAL MANAGEMENT AGREEMENT
On June 13,2005,the Windsor Town Board approved the Arterial Management Agreement
between Weld County, the Town of Windsor, and the Town of Severance. A copy of
Windsor's Resolution No. 2005-52, approving the Agreement, is enclosed for your review.
The original Agreement,which has been properly executed by the Town of Windsor,is being
sent to Bruce with this letter so that he may present it to the Weld County Commissioners for
consideration. A copy of the Agreement is being sent to Greg with this letter.
By this letter, we are asking Bruce to forward the original agreement to Greg once the
Commissioners have approved and signed it,and then the Town of Severance can return the
fully signed Agreement to me, with a copy to Bruce, once Severance has acted.
Please let m ow if you have any questions.
yo ,
ri
l /
ohn P. Trey
Town ttom
Town of Windsor, Colorado
jk
enclosures
pc Mr. Rod Wensing, Town Administrator, Town of Windsor
2005-1841
•
TOWN OF WINDSOR
RESOLUTION NO. 2005- 92
BEING A RESOLUTION RATIFYING, APPROVING, AND CONFIRMING THE TERMS
AND CONDITIONS OF AN ARTERIAL MANAGEMENT AGREEMENT BETWEEN THE
TOWN OF WINDSOR, THE COUNTY OF WELD, AND THE TOWN OF SEVERANCE.
IT IS HEREBY RESOLVED BY THE TOWN BOARD OF THE TOWN OF
WINDSOR, COLORADO, AS FOLLOWS:
1. That the Town of Windsor hereby ratifies, approves and confirms the terms and
conditions of the Arterial Management Agreement dated the 13th day of June , 2005,
between the Town of Windsor, the County of Weld, and the Town of Severance, concerning
Weld County Roads 19 and 74.
2. That a copy of said Arterial Management Agreement is attached hereto and made
a part hereof.
3. That the Town of Windsor hereby authorizes the Mayor of the Town to execute
said Arterial Management Agreement on behalf of the Town.
Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 13th
day of June , 2005.
TOWN OF WINDSOR, COLORADO
Bye-dzr'-�
Mayor
ATTEST:
( /(
Town Clerk 1 ��0
3o W�►� �
o -
* 00L0 *
*
6j ARTERIAL MANAGEMENT AGREEMENT
THIS ARTERIAL MANAGEMENT AGREEMENT is made and entered into effective
as of the 13th day of, June , 2005, A.D., between the COUNTY OF WELD, a
political subdivision of the STATE OF COLORADO, whose address is 915 10th Street, P. O.
Box 758, Greeley, CO 80632; the TOWN OF WINDSOR, a home-rule municipal corporation of
the STATE OF COLORADO, with its principal office located at 301 Walnut Street, Windsor,
CO 80550; and the TOWN OF SEVERANCE, a municipal corporation of the STATE OF
COLORADO, with its principal office located at 231 West Fourth Avenue (P. O. Box 122),
Severance, CO 80546;
WITNESSETH:
WHEREAS, the parties hereto each control portions of Weld County Road 19 and Weld
County Road 74 ("WCRs 19 and 74"); and
WHEREAS, the parties recognize that WCRs 19 and 74 are arterials with the following
characteristics:
A. WCRs 19 and 74 provide for corridor movement and distribution of traffic with trip
lengths and travel densities for substantial statewide or countywide travel; and
B. As paved major arterials, WCRs 19 and 74 will be posted at 45 MPH in incorporated
areas, and at higher speeds in unincorporated areas; and
C. For better movement of traffic and safety of the traveling public, there is a desire to
manage access to WCRs 19 and 74; and
D. The parties desire to have an agreement regarding design standards, right-of-way
reservation, and minimizing the differences in width and usage between jurisdictions
as to WCRs 19 and 74; and
E. With proper planning and the consent of the State of Colorado, portions of WCRs 19
and 74 may eventually be converted to Colorado State Highway 257 from Colorado
State Highway 392 to the current intersection of WCR 74 and State Highway 257;
and
WHEREAS, with annexations of the areas surrounding WCRs 19 and 74, the parties see
the need for an agreement to define their understanding of the arterial nature of WCRs 19 and 74
and the methods of management by each party for certain aspects of these arterials, and
1111111 IIIII 11111 I1I1I 111111 IIII 1111111 III IIIII IIII IIII
3416645 09/01/2006 02:27P Weld County, CO
1 of 4 ft 0.00 D 0.00 Steve Moreno Clerk& Recorder
Page 1 of 4 Pages
3304696 07/20/2005 02:31P Weld County, CO
1 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder apps_/c9'
n rte,
•
•
WHEREAS, the parties hereto have determined that:
• Maintaining connectivity between their communities is critical to the present and
future development of the region surrounding WCRs 19 and 74;
• An effective and efficient transportation network is required to reach the full
potential of the region surrounding WCRs 19 and 74; and
• Development of this vision can be achieved only with multi jurisdictional
cooperation.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree as follows:
1. WCRs 19 AND 74 DEFINED AS ARTERIALS: WCRs 19 and 74 are arterial roads
passing through the respective jurisdictional boundaries of the parties hereto. As
arterial roads, they maintain the characteristics listed above. The parties agree to treat
WCRs 19 and 74 as arterials in considering transportation and land-use planning
within their respective jurisdictions and agree to maintain a Level of Service ("LOS")
on WCRs 19 and 74 of"C" or better.
2. LIMITATION OF ACCESS TO/FROM WCRs 19 AND 74: With regard to access
to/from WCRs 19 and 74, the parties agree to manage direct access in a manner
consistent with their respective arterial roadway standards.
3. RIGHT-OF-WAY PRESERVATION: Each party hereto agrees to preserve for future
use the area on the exterior of the current rights-of-way of WCRs 19 and 74 within
the entity's respective jurisdiction, so as to extend the width of the rights-of-way to
that agreed upon by the parties as necessary to maintain the arterial nature of the
rights-of-way. Such preservation may take the form of setback requirements or other
methods presented through the land use process.
4. DESIGN STANDARDS: The parties agree to meet and discuss the adoption of
design standards for WCRs 19 and 74, such as a posted 45 MPH speed limit in the
incorporated areas and a higher posted speed limit in the unincorporated areas, lane
width, signage, roadway markings, required acceleration and deceleration lanes, and
turn lanes.
5. MINIMIZATION OF INCONGRUOUS CONNECTIONS: To avoid the creation of
incongruous connections, the parties agree to coordinate their respective
improvements to WCRs 19 and 74.
111111111111 11111 11111111111 11111111111 III 11111 IIII 1111
3416645 09/01/2006 02:27P Weld County, CO
2 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
rage z to w Pages
3304696 07/20/2005 02:31P Weld County, CO
2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder dO0 5 � �
•
•
6. OTHER WELD COUNTY ROADS IN THE AREA SURROUNDING WCRs 19
AND 74 RECOGNIZED AS ARTERIAL ROADWAYS OF REGIONAL
SIGNIFICANCE: Other Weld County roads in the area surrounding WCRs 19 and
74, such as WCR 15, are also recognized by the parties as an arterial roadways of
regional significance. The parties agree that when considering land use applications
for development, they will consider the effect and impact such development will have
on the regional transportation system.
7. 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.
8. 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.
9. 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.
Signed by the parties the)9 111 of 3,..k u , 2005.
IE y'!��'��T:� / COUNTY OF WELD, a political subdivision Weld
J County Clerk to the Board of the STATE OF
COLORADO:
N61 ` � 4��
/1 ''y'•5= ,.i/ /Iw_ii`i!! By:
�� �, r,4eputy Cler o the Board William H. Jerke, Chair (06/27/2005)
Board of County Commissioners of
the County of Weld
1111111111111111111111 X11111 IIII 1111111 III IIIII 1111 IIII
3416645 09/01/2006 02:27P Weld County, CO
3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
go an 9 ,.F A gages
+111 I •
3304696 07/20/2005
/I0/2 00 5 02:31P Weld County, CO
3 of 4 R 0.00 0 0.00 Steve Moreno Clerk& Recorder
aoos—icP57/
Is P{
*t *WEST TOWN OF WINDSOR, a home-rule municipal
corporation of the STATE OF COLORADO
By: / BY: -X
ToweClerk � n Mayor
Y` TOWN OF SEVERANCE, a municipal
15 '' corporation of the STATE OF COLORADO
a° 0• o
o o01.
Town rk Mayor
Page 4 of 4 Pages
1111111 Iilll 1111111111 IIIIII IIII 1111111 III IIIII Ilil IIII
3416645 09/01/2006 02:27P Weld County, CO
4 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
Hello