HomeMy WebLinkAbout20040168.tiff s
•
1-76 to CR 80
DECEMBER 1999
FELSBURG
r1 H O L T & �• OT
ULLEVIG
'
2004-0168
• MP 243.22 (west): An existing rural access with median opening. The access
will be modified to a 3/4 access at the same time CR 16 (MP 243.22) on the
east side is modified to a 3/4 access. This access will be closed when an
interchange is built at CR 14.5 (MP 242.70).
• MP 243.72 (east): Existing rural access with median opening. See RA.
• MP 243.72 (west): Existing rural access with median opening. See RA.
• MP 244.08 (west): Existing rural access with median opening. See RA.
• MP 244.14 (east): Existing rural access with no median opening See RA.
• MP 244.18 (east): Existing rural access with no median opening. See RA.
um.. • CR 18 (MP 244.22): An existing public road access on both sides of US 85.
This access currently functions as a full movement, unsignalized intersection.
See PRU - Scenario 1 .
• MP 244.47 (east): Existing rural access with median opening. See RA.
• MP 244. 47 (west): Existing rural access with median opening. See RA.
• MP 244.60 (east): Existing rural access with median opening. See RA.
• MP 244.67 (west): Existing rural access with median opening. See RA.
• CR 18.5 (MP 244.72): An existing public road access on the east side of US 85.
This access currently functions as a full movement, unsignalized intersection.
See PRU - Scenario 1 .
• MP 244.95 (west): Existing rural access with median opening. See RA.
• CR 20 (MP 245.19): An existing public road access on the east side of US 85.
This access currently functions as a full movement, unsignalized intersection.
See PRU - Scenario 1 .
• MP 245.19 (west): An existing rural access aligning with county road. Access
will remain open. See PRU - Scenario 1.
• MP 245.41 (east): Existing rural access with median opening. See RA.
• MP 245.41 (west): Existing rural access with median opening. See RA.
• MP 245.53 (east): Existing rural access with median opening. See RA.
• MP 245.68 (east): Existing rural access with median opening. See RA.
A-12
Change of Land Use
• Future land development (different land use) will not hangs these principles. If
access to the local road system is available, e ' ng direct private property
access(es) to US 85 will be closed. If access to the local road system is not
possible, a RIRO will be allowed with deceleration and acceleration lanes as
required according to the guidelines in the State Highway Access Code.
5. Any proposed access change or addition not identified in this Exhibit will require that
an amendment request be processed as described in Exhibit C.
POTENTIAL ACCESS MODIFICATIONS
6. There are a number of existing access conditions on US 85 which will be modified with
similar improvements in the future. Instead of providing a full description for each
access point, the following descriptions summarize this typical information and are
referenced later in the individual access point discussions (Section 7).
Public Road Unsionalized Intersection (PRU)
These types of highway accesses are full movement, at-grade, stop-controlled
intersections. Public roads along the corridor include state highways, county roads and
city streets. Most unsignalized public road intersections have at least one acceleration
and/or deceleration lane, but typically these accel/decel lanes do not meet the State
Highway Access Code standards. These highway accesses will be modified according
to the following scenarios:
aiipp Scenario 1. Public Road Unsignalized Intersections with adequate intersection
angle (PRU1). Unsignalized public roads of this scenario intersect US 85 at a 75
degree or greater angle. All acceleration /deceleration lanes, with the exception
of left turn acceleration lanes, will be improved to meet the design requirements
and standards of the Department. Signalization of these accesses will not be
allowed, and if signal warrants are met (as stated in the latest edition of the
Manual On Uniform Traffic Control Devices, U.S. Department of Transportation,
Federal Highway Administration) or if the intersection develops an accident
history (defined as five preventable accidents in one year) that is correctable by
restricting access, the intersection will be modified to a 3/4 (no left turn or
through traffic from the side street) or right-in/right-out only (RIRO) access
point.
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-ERATJDJ/DECELERATION LANES NEW FRONTAGE ROAD --RAILROAD 316 ACCESS AT A T-INTERSECT
- EXISTING FRONTAGE ROAD EXISTING OR FUTURE TRAFFIC SIGNAL y
NVN G. .(CONDITIONALLY)
n BRIDGE -
IADWAY O /. HIGHWAY ACCESS OR MEDIAN GLOSSING TO BE CLOSED
RIGHT-IN/RIGHT-OU7 ACCESS INTERSECTION IMPROVEMENT
Z3/4 ACCESS AT A 4-WAY INTER
C ROADWAY
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DRAFT
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT,made and entered into this day of ,2004,by and between
the County of Weld,State of Colorado,hereinafter called"COUNTY"and Heit Farms LTD(USR-1444),hereinafter
called "HEIT".
WHEREAS, HEIT has acquired land use permits from the COUNTY for gravel mining, an asphalt and
concrete batch plant on 120 acres located in part of Lots 4,5,and 6,Lupton Meadows Land Division No. 1;part of
the N2 SE4 and part of the S2 NE4,Section 13,Township 2 North, Range 67 West of the 6th P.M.,Weld County,
Colorado and
WHEREAS,other gravel operators are operating similar gravel pits in the immediate vicinity of the above-
mentioned gravel pits, and
WHEREAS, the gravel pits and plant site shall generate an increase in heavy traffic, and
WHEREAS, the existing County roads that serve the gravel pits and plant site shall require increased
maintenance and improvement due to the increase in heavy truck traffic, and
WHEREAS, COUNTY and HEIT have reviewed maintenance and improvements proposals put forth by
HEIT, and both parties agree that such maintenance and improvements will enhance the accessibility and safety of
the roads that serve said gravel pits.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,
COUNTY and HEIT mutually agree as follows:
1. HEIT will provide for the duration of any material haulage from its HEIT gravel pit operation
(permitted as USR-1444) with the legal description as part of Lots 4, 5, and 6, Lupton Meadows
Land Division No. 1; part of the N2 SE4 and part of the S2 NE4, Section 13, Township 2 North,
Range 67 West of the 6th P.M. Weld County, Colorado
A. All haul trucks will exist the site via the existing access road directly onto Weld County
Road (WCR) 25 southbound. From WCR 25, the trucks will turn left on to WCR 18 and
head east towards U.S. Highway 85. Approximately 90% of the trucks will travel
southbound on U.S. Highway 85 and 10%will travel northbound.
B. HEIT shall provide a pavement design for all the frontage adjacent to the USR for review and
approval by the Public Works Department. Paving shall be required from the north property
line south to the existing asphalt intersection.
C. Within six months after its first shipment of materials,HEIT shall complete the road
improvement associated with the proposed operation.
•
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2. HEIT agrees to excavate,repair, or patch any damage on said road that has been created by heavy
truck hauling from HEIT gravel pits. The type of repair will be determined by the Public Works
Director/County Engineer or his representative. A thirty(30) day time frame from receipt of our
written notice is expected for the repairs to be commenced.
There will be an annual inspection in the spring of the roadways to determine actual conditions and
what work is to be performed that summer if any repairs are needed.
3. At any time in the future, if road damage has increased beyond the point that repair of damage can
reasonably restore the road, HEIT will proportionate cost share base on truck traffic with heavy
hauling using the haul route in the reconstruction of those parts of said road.
4. When reconstruction is required,HEIT shall pay a proportional share of the cost to reconstruct. The
share will be determined by dividing the volume of the site generated trucks by the total volume of
trucks. The COUNTY will provide the traffic volumes.
5. HEIT will provide testing services and inspection for the construction of the improvements. The
COUNTY will only provide oversight. A registered professional engineer,registered in the State of
Colorado, shall provide the COUNTY with a letter that certifies the proper installation of the
improvements.
6. The safety improvements shall include: widening of the additional asphalt shoulder on both sides for
a total pavement width of 32 feet; match the existing base and asphalt cross-section; a(3)three-inch
overlay 32-feet wide from the north property line to match the NCCI improvement.
Additional safety improvements include: a school bus pull-off; the widening of Bridge 25/18A;
adequate turning radii at the intersection of WCR 25 and WCR 18;a right turn lane(free right)onto
the acceleration lane at U.S.Highway 85 to accommodate heavy hauling associated with the gravel
mining, asphalt, and concrete batch plants on the haul route.
HEIT shall pay a proportional share of the cost for the safety improvements. The share will be
determined by dividing the volume of the site generated truck by the total volume of trucks. The
County will provide the traffic volumes.
The applicant shall submit an engineer's estimate of the proposed improvements. This estimate shall
be reviewed and approved by Weld County. It will provide the basis for cost sharing between HEIT,
Weld County, and other gravel haulers in the immediate area. The cost sharing breakdown will
become part of this agreement and shall be incorporated as Exhibit "B."
The engineering design and construction plans shall be the responsibility of the gravel haulers.
Construction drawing shall be provided by the applicant outlining the required improvements. The
plans shall consist of, at a minimum, intersection layout and grading, plan and profiles where
appropriate,cross sections,signing and striping,structure plans and property ownership. These plans
will require approval by the Public Works Director/County Engineer or his representative. The
construction plans must be prepared by a registered professional engineer registered in the State of
Colorado. The plans, when reviewed and approved, will constitute a section of this agreement.
-2 -
They will be attached hereto and referenced as Exhibit"A."
The applicant shall warrant and guarantee all improvements for a period of one year from
completion.All roadway and safety improvements shall be completed prior to the commencement of
hauling operations.
7. HEIT shall address all the Colorado Department of Transportation (CDOT) access issues at the
intersection of U.S.Highway 85 and WCR 18. Refer to the CDOT letter dated November 19,2002,
for requirements. The applicant shall complete improvements to the northbound to westbound turn
lane on U.S. Highway 85 to WCR 18 as required by the Colorado Department of Transportation
(CDOT) in their referral dated August 26, 2003. In addition to the geometric improvements the
applicant shall pay their proportionate share to install a new traffic signal at the WCR 18/SH 85
intersection. This intersection currently meets signal warrants and the increased truck traffic from
the gravel haulers will further deteriorate this situation. Therefore, the COUNTY is currently
submitting a request for an amendment to the CDOT US 85 Access Control Plan to include this
signal. In the event the COUNTY is unsuccessful with their request the applicant will no longer be
responsible for costs associated with a new signal installation.
8. Prior to the start of mining, COUNTY and HEIT will inspect the roads covered under this
Agreement to insure that the operator will not be responsible for damage previously incurred. This
effort will ensure that HEIT will not be held responsible for existing roadway damage,if any.
9. Failure of either party to perform any of its respective obligations hereunder by reason of acts of
God,strike,or acts of any governmental agency or authority having jurisdiction over matters set forth
herein shall excuse timely performance of such obligations as soon as reasonably practical. The
parties may,however,mutually consent to excuse a party from performing any obligation,in whole
or in part, upon a showing that performance has been rendered impracticable by reason of FORCE
MAJEURE.
10. This Agreement may not be assigned in whole or in part by either party hereto without the written
consent of the other party. Such consent will not to be reasonably withheld,conditioned,or delayed.
11. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the
intention of the parties that the remainder of this Agreement shall not be affected.
12. Should HEIT sell its operation,cease operating,file bankruptcy,or in any way release ownership and
responsibility of the permitted property,this Agreement as set forth herein, shall be terminated. If
the aforementioned release should occur,HE1T shall give a minimum notice of ninety(90)days to
the County before the date of termination. If the aforementioned release should occur,the County
shall have the option of immediately terminating this Agreement. Notwithstanding the terms of this
paragraph,the requirements of USR-1444 shall not be waived by the terms of this paragraph and the
failure to have a maintenance Agreement in effect may be grounds to revoke USR-1444.
13. All construction and materials controls for a project will be in accordance with the current Standard
Specifications for Road and Bridge Construction, as supplemented or revised, provided by the
Colorado Department of Transportation. During construction,signage shall be posted in accordance
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with the most current Uniform Manual on Traffic Control Devices.
14. It is expressly understood and agreed that 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 actions 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 deemed an incidental beneficiary only.
15. Indemnification: To the extent authorized by law, HEIT agrees to indemnify, save, and hold the
County harmless from and against any and all claims,damages,losses,and judgments,which maybe
suffered or incurred by the County as a consequence of any breach by HEIT of its obligations and
duties set forth in this Agreement on those portions of the haul route described in this Agreement. In
the event that any dispute shall arise under this Agreement,the prevailing party in such dispute shall
be entitled, in addition to any other relief to which such party may be granted, to recover its
reasonable attorney's fees and court costs incurred in connection with the resolution of such dispute.
16. By entering into this Agreement,the parties do not intend, either expressly or implicitly,to create a
joint venture or partnership. Except as provided herein,neither party shall have the right or authority
to act for,or on behalf of,or to enter into any obligations which are binding on the other party to this
Agreement.
17. All notices to be given under this Agreement shall be in writing and delivered in person, or mailed
by certified or registered U.S.Mail,or sent by a nationally recognized overnight delivery service,to
the party to receive such notice at the following addresses:
Weld County Board of Commissioners(COUNTY)
P.O. Box 758
Greeley, CO 80632
Heit Farms, LTD (HEIT)
4520 WCR 27
Ft. Lupton, CO 80621
All notices shall be effective upon receipt by the party to receive such notice, or by the third day
following deposit of said notice in U.S.Mail,or the first day following deposit of acknowledgment
of refusal of delivery of said notice.
-4-
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement the day and year first-above
ritten.
WHEREFORE,parties have hereunto set their hands and seals the date and year first written above.
ATTEST: HEIT FARMS,LTD
By:
By:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: By:
Deputy Clerk to the Board Robert D. Masden, Chair
M:\W PFILES\AGREEMNT\Road-Improv\HeitFarmsagr.doc
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LDONALD Carroll WCR 18 and WCR 25 Page 1
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From: Tana Maxson
To: Carroll, DONALD
Date: 10/6/03 9:07AM
ea Subject: WCR 18 and WCR 25 �4ua
Q
1Q
WCR 18 between US85 and WCR 25(72 hour count)AADT= 1502 paved road (Coo)
WCR 18 between WCR 23 and WCR 25(48 hour count)AADT= 1112 paved road SSA
WCR 22.5 between WCR 23 and WCR 25 (48 hour count)AADT=89 gravel road vy
WCR 25 between WCR 18 and end of pavement(72 hour count) AADT=410 paved road 13
WCR 25 between WCR 20 and WCR 22.5(72 hour count)AADT= 117 gravel road �5
Any question please let me know.
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IDNUM DATE TIME KILLED INJURED CAUSALFACT MILES FEET DIR FROM ROUTE INTERSECT TYPE1 K1 TYPE2 K2 SLIMIT1 O SPEED1_Q1 SLIMIT2 O SPEED2 Q2
WELDS 08/01/2002 1440 0 1 M05 0.00 18 N CO85 WCR 18 3 1 65 10 65 65
9901OCUCT3 09/14/2002 1540 0 1 M05 0.00 10 S CO 85 WCR 18 1 3 65 10 65 55
394JQCHRS3 10/16/2002 640 0 1 M04 0.00 4 W CO 85 WCR 18 6 1 55 25 65 65
384BGDIYIV 02/06/2003 1930 0 2 M04 0.00 6 S CO 85 WCR 18 1 1 65 15 65 60
302BWDQ3WI 02/21/2003 1530 0 0 M04 0.00 3 E OO85 WCR 18 1 1 55 10 65 50
302C5DL0ME 03/31/2003 715 0 1 M05 0.00 0 S CO85 WCR 18 3 1 65 5 65 65
544FXDTIMA 06/23/2003 1750 0 3 M04 0 CO 85 NB WCR 18 3 1 55 15 85 65
384F2DTXSW 06/28/2003 1640 0 0 M04 0 CO 85 WCR 18 1 1 55 25 65 65
937GQDSFQX 07/03/2003 1530 0 0 M21 0 CO85 WCR18 63 0
3021HDMG31 09/08/2003 735 0 0IM23 0.00 0 CO85 WCR18 6 65 10
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