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HomeMy WebLinkAbout20041597.tiff RESOLUTION RE: APPROVE NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF WCR 63 RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - CAROL AND CHRIS THOMPSON 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 Nonexclusive License Agreement for Upgrade and Maintenance of Weld County Road 63 Right-of-Way 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 Carol and Chris Thompson,38751 Weld County Road 63, Eaton, Colorado 80615, 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 Nonexclusive License Agreement for Upgrade and Maintenance of Weld County Road 63 Right-of-Way 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 Carol and Chris Thompson, 38751 Weld County Road 63, Eaton,Colorado 80615, 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 14th day of June, A.D., 2004. BOARD OF COUNTY COMMISSIONERS ,I EL • WELD COUNTY, COLORADO Robert D. Masden, Chair os erk to the Board William H. Jerk ro-Tem®e,�:�'- .,",/s ter _.. " - Deputy Clerk to the Board M. ile Apfkrel DAS • Davi . Long unty Attorn y EXCUSED Glenn Vaad Date of signature: I- -4)-r 2004-1597 EG0050 elf ,�L BU Mt /�t7' --acs-oy (iv" MEMORANDUM [ R`I n.-1 7. r Fa. C TO: Clerk to the Board DATE: June 7, 2004 • COLORADO FROM: Frank B. Hempen, Jr., P.E. Director of Public Works/County Engineer SUBJECT: Agenda Item Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way with Carol L. Thompson and Chris E. Thompson The appropriate documentation is attached. Enclosures pc: Donald Carroll, Public Works Engineering Administrator M:\Franc ie\Agenda-l.doc 2004-1597 924 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NONEXCLUSIVE LICENSE AGREEMENT, made and entered into this ttiraay of t, F ,2004,by and between WELD COUNTY,COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, whose address is 915 Tenth Street, Greeley,Colorado 80631, as First Party,and Carol L.Thompson and Chris E.Thompson,as Second Party whose address is 38751 WCR 63, Eaton, CO 80615 WITNESSETH: WHEREAS, Second Party desires to more effectively access property located at the north %2 of the northwest 2/4 of Section 19, T7N, R63W of the 6th P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right-of-way known as WCR 63 for a distance of 3/4 of a mile north of WCR 78. and located as follows: 60' of right-of-way between Sections 19 and 20,T7N,R63W of the 6`h PM,in Weld County,Colorado,which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW, THEREFORE, in consideration of the covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated,First Party does grant to Second Party,its successors and assigns,a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: 1. First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason,but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety(90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. IIIIIIIIIIIIIIIIIIIgird\eincloo\IIIIIl1IIl1IIl1l \311.10.1,9\21 IIIIII11111.2\010,2\0.91, p12 p 0.001 Steve Clerk&R 1 o i d oo v-i5i7 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: a. ROW shall be constructed and maintained as a graded and drained all-weather road. b. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity, strength,and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required,Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide access to private property. e. Prior to commencing work within the ROW, Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph 1., above,or any other requirements stated by First Party,shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW, if required to gain access, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party,Second Party shall indemnify and save harmless First Party, its successors, assigns, employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party,its successors,assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act,either on the part of the First Party or on the part of any third party. 111111111 3 111111 110111111111111III11111IIII101 3191924 06/23/2004 11:23A Weld County, CO 2 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 6. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment from First Party, which consent shall not be unreasonably withheld. 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein,and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto,or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. No portion of this Nonexclusive License 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 Nonexclusive License 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 Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto,their successors, and assigns. 1 11111 11111 111111111 1111 1111111 NCI 111111 3191924 06/23/2004 11:23A Weld County, CO 3 of 4 R 0.00 D 0.00 Steve Moreno Clerk& Recorder EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD C I�,:enw�I LORADO EMilliMilli�I t /_tom\ ATTEST: 40, �,/ ` I 1861 ( 1 11 ,1/49 Clerk to the Board ;,.,., � Deputy lerk � �j� Robert D. Masden, Chair JUN 1 4 2004 SECOND PARTY: • CT CAROL K. THOMPSON CHRIS E. THOMPSON SUBSCRIBED AND SWORN to before me this 7 day of 144a a te , 20O V r\T ). nd and official seal �r •. Notary Public rocg —„Mytorimussion expires (' U /41 c� M:\WPFILES\AGREEMNT\Non-exclusive\Thompson-agr.doc III%VIII VIII 111111 1111 1111111 IN 11111111 It IIII 3191924 0612312004 11:23A 4 of 4 R 0.00 D 0.00 Steve Moreno Clerk&Recorder Kitt:Tsep MEMORANDUM CTO: Michelle Katyryniuk, Planner DATE: 1/12/2004 FROM: Donald Carroll, Engineering Administrator • COLORADO SUBJECT: RE-3730, Carol & Chris Thompson • The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: WCR 63 is designated on the Weld County Road Classification Plan (FHU) as a section line. This road is NOT maintained by Weld County Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article Ill, Section 23-3-50, the required setback is measured from the future right-of-way line. WCR 78 is designated on the Weld County Road Classification Plan (FHU) as a local gravel road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The applicant shall indicate specifically on the plat the type of right-of-way/easement and indicate whether it is dedicated, private, or deeded to provide adequate access to the parcel. Section line accesses are considered private lanes with no county maintenance. (Road easement across Parcel 071319000015) See Rec. 2888267, 4-20-1999 W. D. attached. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. The applicant shall complete a Nonexclusive License Agreement for the Upgrade and Maintenance of Weld County Right-of-Way. (Section Line, WCR 63) pc: RE-3730 M:\PLANNING\RE-4.DCC - Road File#: vP " Date: November 26, 2003 RE# :: ^,'73o Other Case#: Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970)356-4000,ExL 3750 Fax: (970)304-6497 1. Applicant Name Carol L. and Chris E. Thompson Phone 304-6211 Address 38751 WCR 63 City Galeton State CO Zip 80622 2. Address or Location of Access I mi- west of WCR 63 ..& 3/4 -mi. north of WCR 78• Section 19 Township 7N Range 63W Subdivision Block Lot north side Weld County Road#: 78 3/4 Side of Road North Distance from nearest intersection 3/4 mi. nortt of WCR 78 and WCR 6 3 3. Is there an existing access to the property? Yes X No #of Accesses 1 4. Proposed Use: E) Permanent Zt Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: End of AG = Agricultural Road RES = Residential OW = Oil8 Gas rt 5.I.-- Road D.R. = Ditch Road o ��te s/Ag _L 0 = House a T O = Shed 2 i- -- - --j NT j WCR 78 La . ir1/4r0:[--- i% 0 0 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Condilons ❑ Installation Authorized ❑ Information Insufficient Reviewed By. The: CERTIFICATE OF CONVEYANCES WELD COUNTY -7- zeeexey a/2e/iNi OB:2sP Meld Carly CO 1 of 1 R 6.86 0 6.86 JP Saki Taukaxante )A07 DDB WARRANTY DEED MING STAMP MISDEED, Made this let day of April .19 99 , between A. Bruce Johnson & Associates„ Ltd., a Colorado Corporation Correction Deed a corporation duly organized and existing under and by vitae of to laws of is State of Colorado of the fidpnt and Carol L. • . .. .- Thompeon.and.Chris-E. Ttomparr 11014093A99 No Doc Pee 22939 Weld County Road 59 ehoslegai eddista 2''gFjfIWIE%h'efrfefefj/IlliAa(9'/4E, Kersey, CO 80644 othee County of Weld ,and State of Colorado ,of the mood pert; WI7NP88ErH.Thant*said party of the that pt kremlinconsideration ofthe son of FORTY TWO THOUSAND FIVE HUNDRED AND NO/100 DOJLIRS,(&42,500.00 ), to it in hand paid by the said parties of the,c'md pet to receipt whereof to Say confessed a admowledged,has gaud, bargained,sold and conveyed,and by ten presents that.grant,bargain,mil,convey said confirm ono a said parties of the second pert,not in money in canon hut in joim tenancy,the survivor of them,their amigos and the heirs and assigns of each survivor forever,eta following described lot(e)or petel(s)of lad situate,lying and bins in the County of Weld and State of Colorado,to wit The North Half of the Northwest Quarter of Section 19, Township 7 North, Range 63 West of the 6th P.M.; Together 'with a non-exclusive right-of-way easement for road and utility purposes over the southerly.,30 feet of the North.Half of the Northeast Quarter, Section 19, Township 7 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as Vacant Land, Weld County, Colorado TOGETHER with all and singular the hereditnmw and appurtenances thareanto belonging,or in anywise appertaining,and IS reversion and reversions,remainder ad remainders.mu%,hams end profits thereof,and all the estate,tight tl0e.lnhaea, claim and demand whatsoever of the said poly of the that part,either in law orequity,of.In sod to the above bargained premiss, with the hereditamanu and epparbnanca. TO RAVE AND'ID HOLD the said premise above bargained and described,with the appurtenances,unto the sad pales of the second pat,the survivor of them,their swigs and the heirs ad asrips of such survivor forever.AM the sad party of the first pet for itself and its seceeson ad assigns,does coveatt,gnat bargain sod Wee u sad With the said patio of the seed part the survivor of them their assigns and the heirs and anise of such survivor.that at the time of the emeaHeg ad dativesy of toe presents,it a wail aired of the premises above conveyed,as of a good,sure,perfect,absobs and idefeadble estate of inheritance,in law.M fee simple,and bar good right,full power aid bra authority to grant,brgan,sell and convey the sane it manner and form aforesaid,and that the same w free ad clear fa all fanner end other gate,bargain,sales,liens tares, aesesaments,eoambnnma ad rabictom of whatever aid or nature waver. except for taxes for the saxTe,t year,alien bat not yet des and payable,easeetts,rnMeteas,rsaevatiae,comma ad rights-of-way of record,If Ens • end the nhve.bergaind pemlsa in the quiet and peaceable possession of the sad parties of the second part,the survivor often their signs and the heirs and ages of at survivor,satinet all and every parse or pesos lawfully Maiming or to claim the wholamsoy.petmaeof,rbN.ad.willA RRMWAM)''RHVERDHPWND: me singular number shall include the plural,the plural the stgnS,ad the ow of my gender ehafibe appgmbb to all geodes IN WITNESS WHEREOF,the said party of the that part ha causal Its corporate name en be hereunto sheathed by its ' President ,and its corporate sal to be Samba affixed,atirtd by its . to day and year fur above written. .•' • A. H e J tuns & As iatea„ ., di, Ltd. r Corp ntion i' p hC1 .rf A. nice Johnson, resident i 0��'•' ,( SPA7t Or COLORADO .Ion „".... COUNTY OP WELD ems ) .. The foregoing Instrumentw aehmwledged before me tis let day of April ,19 99 ,by A. Bruce Johnson as President of A. Bruce Johnson & Associates„ Ltd., a Colorado Corporation. My Commission end July 15, 2001 ('4 1 Witness my hand and official seal. r tiny Carrie Walker WAav N1YDew.pea Crisman le JeS Tense ereawvvo gate miss sMe • Tovnship No. 7 of Range 7Vo.........riL . 1V'esl of the 6th Principal ,Meridian. 5' .... �c 3 _ _ ,� _1 3___, 2 - -—b I -5- 2— t jt i H I i. I 1 o 0 i-91 — e 7 13) . I I I--- I F { _--1-8-- .1 � 7� 1'.'-- i i_j__11,, t._ .1 r_s..- e ; i ',_,...., 1 r_.��, -9 ( 2Z i! --2L- 24 ; I ii, _____"5/ • . A R I I ; 30 211 ill, 27- 1 rt le:0 -2 5 . F '-- 11- : J- -j ".'a—""— �'. i lelmr .,-- !I --'—' . 4 I ' .hame._I_ I -- .. -&leered Landa. _, h.—Rou eeieod EMI". t.-1'rowapelon Filing. a t_-Timber Culture Hutt". Leech not otherwiao morleed nro vacant Order Declaring all Section and Township lines on the Public Domain of the United States in Weld County, to be Public highways, etc., passed by the Board of County Commissioners October 12, 1889. • WHEREAS, Section 2477 of the Revised Statutes of the United States provides: "The right of way for the construction of highways over public lands not reserved for public uses is hereby granted," and WHEREAS, by virtue of an act of the General Assembly of the State of Colorado,entitled: "Art Act to Amend Section 4 of Chapter 95 of the General Statutes of the State of Colorado entitled, 'Roads and Highways," approved April 7, 1885,it is provided, "The Commissioners of the County may at any regular meeting by an order of the Board declare any section or township line on the public domain a public highway, and on and after the date of"such order, it shall be attested by the Clerk, under the seal of the County,and recorded in the office of the Recorder of Deeds. The road so laid out shall be a public highway,"and WHEREAS,the public interests require that there be public highways on all section and township lines on the United States public domain,within the limits of the County of Weld. • IT IS HEREBY ORDERED,by the Board•of County Commissioners of the County of Weld,that all section and township lines on the public domain of the United States,within the County of Weld and State of Colorado, to wit In townships 7, 8, 9, 10, and 17 north in ranges 56, 57, 58, 59, and 60 west of the sixth principal meridian; townships 1, 2, 3, 4,5, 6, 7, 8, 9, 1-0, and 11 north in ranges 61, 62, 63, 64, 65, 66, and 67 west of the sixth principal meridian; and townships 1, 2, 3, and 4 north in range 68 west of the sixth principal meridian; and in sections 19 to 36, inclusive, in township 12 north in ranges 56 to 67, inclusive,west of the sixth principal meridian, be, and the same hereby are, declared to be the center of public highways or County roads,which said roads shall be and hereby are declared to be roads 60 feet wide, being 30 feet on each side of said section and township lines, and BE IT FURTHER ORDERED, that a duly certified transcript of the order and action of this Board concerning said public highways, duly attested by the Clerk to the Board under the seal of the County of Weld,shall be forthwith prepared and recorded in the office of the County Clerk and Recorder of Deeds of Weld County, Colorado, and BE IT FURTHER ORDERED,that the County Clerk and Recorder of Weld County,Colorado, be, and he is hereby instructed when said certified order is so recorded, to prepare three certified transcripts of such recorded order, one of which transcripts shall be mailed byhim, by registered letter, to the Honorable United States Surveyor General for the State of Colorado; another to the Honorable Register and Receiver of the Land Office at Denver, Colorado, and another to the Honorable Commissioner of the General Land Office at Washington,D.C.,and that said County Clerk and Recorder shall make report of his acts and doings hereunder at the next meeting of this Board. On the first day of the next session of said Board of County Commissioners, to wit, on the 6th day of November,AD., 1889, the County Clerk of Weld County reported of his acts and doings under the above order to the effect that he had duly executed the order of the Board above specified in detail. • 7 8- /9o2_/a9 0r3 T M:1CTB\OTBFORMS\RE1889 t I I 'l1i °33 ,4+ ,b. II1 � tI RRR ::: I I r F -,,,fit-3,;;;\ r.• • :,_g Yer,�o.,-et,,"('ims.''r;.w�`..intirtA' `, . ati....�a....n,[,.:.,rbiw+,,.. Pn hru Func Description Pri Class P Project SegmidRoute Route Alias From Dir To Surf Length Surf Wd QtyLn Admin Class SplitJur ID Sample PSIri YrInspect Yr If pi j`. 6225 sCR 25 CL GREELEY 40 2 ss '+,..„# NO NO 1979 �: 6225 �CR 31 STR X �Ia! 61 1 t € 2 ," '� 2" NO f 1986 u£ CL GREELEY .i a 61 v . 2 ,� 1; NO 1, us- , 1986 ., 61 2 } 2 1. 2 z � '`': NO 1998 7 + • '! 6225 ".CL CR 35 1 .„ 6225 CR 35 } RRX ₹3 s 52 t . 2 z r2. -Pt No 't F 1986 :CR 35.75 , 52 �� `r. 2 y a2, h # g: NO a 1986 i . . af a, 522 t. 2 Fi s NO ' ur 1979 , � , .' 6225 'CR 35.75 } 21ST AV = „ ,. s»� SERVICE RD CR 41 `a.r d3:, 20 . '? 2 ;:',-- ' • NO 1"7 Y. 1996 • :d 6225 :i 1996 • . . 6230 — CR 29 _CR 29.3 {; et 40 '�a. 2 NO —'�(= 1979 -: 6250 CR 49 • CR 51 'a >< 40 - 2 r l+ NO N 6250 CR 51 SH 37 : �"'�_' 40 < <t 2 d, `Y ' NO :i,�`,. 1979 * 6250 SH 37 END =r is 20 ,, 2 . i. , NO 2000 r 6270 `-CR 55 CR 57 3 €+' 40 ;! 2 - NO is1 1979 • 6285 CR 39.5 • END "ee ,f,a: 40' 7;. 2 '"C NO 2000 CR 35.65 CR 35 .75 *-1', 54;� 52 ` ' 2 a i NO *" ,' 1986 i 6290 _ - ' x r, • 'Fz: NO .tS,4' ;1986 r 6295 'CR 35.65 CR 35.70 .ft nF 52 o} 2 , ._, £ ,.� „. t 63 CR 2 63 CR 8 'n 40' `" 2 : 1's`; _ NO F .: 1979 CR 8 SH 52 NO ,_ 1979 63 r?, ter NO r3 1979 ''# SH 52 CR 14 . r 40 2 it y ' ,�� ;. 63 - - CR 14 CR 16 �?. 40 ' 2 '' ` NO ��` �'1979 y, 63 CR 16 CR 16.5 52 i.12j NO 1979 i; st Lyc 40 2 e NO H . 1979 CR 16.5 CR 18 , ii 63 "r , Iu 63 CR 18 'RRX 40 2 . ' NO '*$ s . 1979 63 — — -RRX CR 398 ‘�' ^sl 40 �-: 2 ' ` < NO f 1979 _. ♦g d� : 40 'Sk 's 2 vr- NO `i 63 — SH 34 CR 3801 et s11979 CR 66 CR 68/ " , + 1979 , 63 2 77 p►` Ma NO Rt1`e +� CR 78 E PG ' - �,;! 40 .' 2/4. :/ ,- NO 2000 - "` 63 . CR 68 SH 14 i_ ' 1.4 40a 2 f., NO 1979 t D 'law- Al* Denotes roads that are not HUT eligible. 4( /rP?Ff ,` r--;,1-,---, t cy''^^ t 4 -...,ti4 _._,)..L.... 1. 3 • l "ii"yai. to . d v ) M ;: � Mkt �{ �,� _ s 7i1KS I t }y . m 1 ^ 'i i1 � ! t C 1 I d > AI �; `. f. I ,� T< ro}t, 3 v r,-;‘,4..:(1,'' � ., y S1 - td e tin I t 1 ^ 94` k , Lyn tl•F / q J � a • •It � is ; 1 TMG !^ il.e ,. m t 1 . v 4 • .i q lh r • x •1 x-r vJ _ ,K' a4y `. l '` 1 .. . � 0.,2"=. MEMORANDUM TO: Sheri Lockman, Planner DATE: 07-June-2004 WI IC. D Q FROM: Peter Schei, P.E.,Ci eer, Public Works Department COLORADO SUBJECT: PK-1057 Wildflower Ra ch PUD(Sketch Plan).doc Weld County Public Works Department has reviewed this sketch plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments ❑ The Geologic Evaluation and Percolation Testing, dated February 28, 2002, by Earth Engineering Consultants (Project No.1022017) is satisfactory. External Roadways: ❑ SH 85 is classified by the County as a state highway. The applicant should coordinate with Colorado Department of Transportation(CDOT) any requirements. A letter of corroboration should be provided to Public Works. ❑ CR 90 is classified by the County as a collector road and requires an 80-foot right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way shall be noted on the change of zone plat. If the right-of-way cannot be verified, it will be dedicated on the final plat. CR 90 is paved and maintained by the County. ❑ Priddy Avenue is under the jurisdiction of the Town of Pierce. The applicant is proposing to extend Priddy Avenue to the north adjacent to the development. The applicant shall contact Pierce and coordinate transportation items with Pierce. The north extension of Priddy Avenue must be dedicated to the County. ❑ This development will introduce additional vehicle trips to the roadway system from the 19 proposed lots. This increased level of traffic on County roads creates surface maintenance problems. The applicant shall enter into an agreement with the County to proportionately share the cost of improvements. The cost will be based on a proportion of the traffic generated by the development to existing traffic. The applicant shall submit a proposed agreement with the final plan application. ❑ This development will introduce approximately 182 vehicle trips to the roadway system. Based on the proposed development and traffic impact, a traffic study is currently required. Internal Roadways: ❑ The internal roadway right-of-way shall be 60-feet in width including cul-de-sacs with a 65- foot radius, and dedicated to the public. The typical roadway cross-section should be shown as two 12-foot paved lanes with 4-foot gravel shoulders on the change of zone plat. The cul-de-sac edge of pavement radius should be 50-feet. ❑ The applicant shall verify the ditch right-of-way on the final plat and provide a confirmation letter from the ditch company. Also, plans and details of the ditch crossing for the internal roadway will require ditch company approval and must be submitted with the final plan application. ❑ Stop signs and street name sign locations must be shown on the final roadway construction plans. ❑ Easements shall be shown on the final plat in accordance with County standards (Sec.24-7-60) and /or Utility Board recommendations. Page 1 of 2 ❑ Intersection sight distance triangles at the development entrance will be required. All landscaping within the triangles must be less than 3% feet in height at maturity, and noted on the final roadway plans. ❑ The applicant shall submit to Public Works stamped, signed and dated final plat drawings and roadway/construction & grading plan drawings for review (with the final plan application) and approval. Construction details must be included. ❑ The applicant shall provide a pavement design prepared by a professional engineer along with the final plan submittal. ❑ The applicant shall submit Improvements Agreements According to Policy Regarding Collateral For Improvements (with the final plan application). These agreements must be reviewed by Public Works and shall be approved by the Board of County Commissioners(BOCC)prior to recording the final plat. Drainage: ❑ A drainage report stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plat application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition. ❑ The final drainage report shall include a flood hazard review documenting any FEMA defined floodways. The engineer shall reference the specific map panel number, including date. The development site shall be located on the copy of the FEMA map. ❑ The proposed roadways that cross the 100-year flood zone must be designed so as not to inhibit or restrict stormwater flow this area during a major event. This must be discussed in the drainage report and documented on the final plat with a note. ❑ The applicant shall prepare a construction detail for typical lot grading with respect to drainage for the final application. Front, rear and side slopes around building envelopes must be addressed. In addition, drainage for rear and side lot line swales shall be considered. Building envelopes must be planned to avoid storm water flows, while taking into account adjacent drainage mitigation. ❑ Final drainage construction and erosion control plans (conforming to the drainage report) stamped, signed and dated by a professional engineer licensed in the State of Colorado shall be submitted with the final plan application. Recommendation ❑ The Public Works Department recommends approval of this sketch plan. The applicant shall address the comments listed above at the specific step of the review process stated. The review process will continue only when all appropriate elements have been submitted. Any issues of concern must be resolved with the Public Works Department prior to recording the change of zone and final peals.* " PC: PK-1057 Wildflower Ranch PUD(Sketch Plan).doc Email&Original: Planner PC by Post: Applicant PC by Post: Engineer Page 2 of 2 0,_„_„„, Hello