HomeMy WebLinkAbout20050157 RESOLUTION
RE: APPROVE ARTERIAL ACQUISITION AGREEMENT AND AUTHORIZE CHAIR TO
SIGN - CITY OF DACONO
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 City of
Dacono, 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 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 City of Dacono 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 12th day of January, A.D., 2005.
donsar` BOARD OF COUNTY COMMISSIONERS
1E / ��` 1444,1
WELD COUNTY, COLORADO
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William H. Jerke hair
- a' • .• lerk to the Board
• ( � �� M. J. le, ro-Te
Deputy Clerk o the Board a
vid Long
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Robe . Masden
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Date of signature:
2005-0157
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ARTERIAL ACQUISITION AGREEMENT
THIS ARTERIAL ACQUISITION AGREEMENT is made and entered into effective as of
the,-.91Mday of, Ceik i,.. , Jecti , 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, hereinafter referred to as "County," and the CITY OF DACONO, a municipal
corporation of the STATE OF COLORADO, with its principal office located at 512 Cherry Street,
P.O. Box 186, Dacono, CO 80514, hereinafter referred to as "Dacono."
WITNESSETH:
WHEREAS, by and through an Arterial Management Agreement, dated April 28, 2003,
County and Dacono 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 Dacono 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 Dacono, 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 Dacono, and
WHEREAS, County and Dacono 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)O),
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 DACONO: 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 Dacono 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 within the municipal boundaries of Dacono which the parties
identify, at no cost to Dacono.
3. NECESSARY ADDITIONAL RIGHT-OF-WAY CONVEYED TO DACONO:
Upon acquisition of the necessary additional rights-of-way for the WCR 13 arterial
within the municipal boundaries of Dacono,County shall convey the same to Dacono
by Quit Claim Deed and Dacono 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 Dacono, such discussions are of no avail, the parties hereto shall
consult with one another to determine what the next course of action may be to
accomplish the right-of-way acquisition.
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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Page 2 of 3 Pages
Signed t1u��January , 2005
ATTEST: ,p f COUNTY OF WELD, a political subdivision
Weld County Clerk to the Boar /� ' of the STATE OF COLORADO:
r-�
BY: i" y: ti v
eputy Clerk to the Board '- " ° '7 William H. Jerke, , Chairman
Board of County Commissioners of the
County of Weld
ATTEST: CITY OF DACONO, a municipal
corporation of the STATE OF COLORADO
By: i tU id l-'uo BY: /L
Vale Elliott-Lucero, City Clerk Wade Carlson, Mayor
M'4gCTIVE PRWECTS9TRATEGIC CORRIDOR\WCR 1],FROM WCR 2 TO SDESIGMCONTRACTSDACONO ROW IOA DOC
111111 11111 11111 111111 'III 111111 111111 III 11111 1111 I'll
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Page 3 of 3 Pages
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MEMORANDUM
TO: Clerk to the Board DATE: January 7, 2005
•
COLORADO FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Enginee
SUBJECT: Agenda Item
Arterial Acquisition Agreement with the City of Dacono (WCR 13).
The appropriate documentation is attached.
pc: Wayne Howard, Project Manager
M:AFrancieAAgend-I.doc
2005-0157
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