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HomeMy WebLinkAbout20031043.tiff RESOLUTION RE: APPROVE ARTERIAL MANAGEMENT AGREEMENT FOR WELD COUNTY ROAD 13 AND AUTHORIZE CHAIR TO SIGN 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 Road 13 among 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 City of Dacono and Town of Frederick, 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 Road 13 among 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 City of Dacono and 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 28th day of April, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WEL�COU TY, COLO O ATTEST: fatea4�y I ;� ,%' � \ (}J.,,4 ��David E. Long, Chair Weld County Clerk to th ti:, O �1♦� "'y �IEXCUSED / ° , t, A Robert D. den, Pro-Tem BY: /i `A� ;r Deputy Clerk to the Board-c.."7:::- M. J. eile AP V D A X16 ,_ ll`.�_r William . Jerke o niz tt m y .O.1.i. Ai `5/ Glenn Vaad Date of signature: 2003-1043 EG0047 510 ARTERIAL MANAGEMENT AGREEMENT THIS ARTERIAL MANAGEMENT AGREEMENT is made and entered into effective as of the 28th day of, April , 2003 , 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 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; 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. WITNESSETH: WHEREAS, the parties hereto each control a portion of Weld County Road ("WCR") 13, and WHEREAS, WCR 13 is recognized by all of the parties hereto as an arterial roadway, with the following characteristics: a. WCR 13 provides for corridor movement and distribution of traffic with trip lengths and travel densities for substantial statewide or countywide travel, and b. As a paved major arterial, WCR 13 is to be posted at 45 MPH in the incorporated areas, and will be posted at higher speeds in the unincorporated areas, and c. For better movement of traffic and safety of the traveling public,there is a desire to manage access to WCR 13, and d. The parties desire to have agreement regarding design standards, right-of-way reservation,and minimizing the differences in width and usage between jurisdictions, and WHEREAS,with annexations of the areas surrounding WCR 13 and of WCR 13 itself,the parties see the need for an agreement to define their understanding of the arterial nature of WCR 13 and the methods of management by each party for certain aspects of the arterial, and WHEREAS, all of the parties hereto have determined that: i. Maintaining connectivity between their communities is critical to the present and future development of the region surrounding WCR 13; ii. An effective and efficient transportation network is required to reach the full potential this region; and Page 1 of 5 Pages 11111111111111111111111111111111111111111111111111111 2003-1043 3059510 05/06/2003 11:30A Weld County, CO 1 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder iii. 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. WCR 13 DEFINED AS ARTERIAL: WCR 13 is an arterial road/street as it passes through the respective jurisdictional boundaries of the parties hereto. As an arterial, WCR 13 has the characteristics listed above. The parties agree to treat WCR 13 as an arterial in considering transportation and land-use planning within their respective jurisdictions and agree to maintain a Level of Service ("LOS") on their respective stretches of WCR 13 of`C" or better. 2. LIMITATION OF ACCESS TO/FROM WCR 13: With regard to access to/from WCR 13,the parties agree to manage direct access in a manner consistent with their 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 right-of-way of WCR 13 within the entity's respective jurisdiction, so as to extend the width of the right-of-way to that agreed upon by the parties as necessary to maintain the arterial nature of the right-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 WCR 13, 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: The parties agree to coordinate improvements by each jurisdiction to WCR 13 so as to avoid the creation of incongruous connections. 6. OTHER WELD COUNTY ROADS IN THE AREA SURROUNDING WCR 13 RECOGNIZED AS ARTERIAL ROADWAYS OF REGIONAL SIGNIFICANCE: Other Weld County Roads in the area surrounding WCR 13, 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. Page 2 of 5 Pages 1111111BII1111111IIII1111111111111111 III MINIM 3059510 05/06/2003 11:30A Weld County, CO 2 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 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 28ttday of April , 2003 . ATTEST: MO COUNTY OF WELD, a political subdivision Weld County Clerk to the a\\ . f�`� of the STATE OF COLORADO: aUv 18/ '4+ i,, By: %z a '`f , By: Deputy Clerk to the }. David E. Long, Chairman (04/28/2003) '‘57 Board of County Commiss oners of the County of Weld Page 3 of 5 Pages 111111111111111111111111111111111111111 III 111111111 I I I I 3059510 05/06/2003 11:30A Weld County, CO 3 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder 2OO3- tHj • ATTEST: CITY OF DACONO, a municipal E r.......A...LC) , corporation of the STATE OF COLORADO ���r2 cif /) �'� By' nicer BY' ��' l (� `_ \ �-Li/L. zzi,) Nancy Ilion, exk col t Wade Carlson, Mayor Jw` +tecccerc�e�see Page 4 of 5 Pages I IN 11111 1111111 IIII 111111 11III IIII VIII 3059510 05/06/2003 11:30A Weld County, CO 4 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder ATTEST: TOWN OF FREDERICK, a municipal corporation of the STATE OF COLORADO By. ... � ci\cCin v.O By: n Jac. in K. McConnell, Town Clerk Richard Ma /� 1 d 1111111 11111 1111111 1111 111111 11111 VI11 III 11111 III!IIII 3059510 05/06/2003 11:30A Weld County, CO 5 of 5 R 0.00 D 0.00 Steve Moreno Clerk& Recorder Page 5 of 5 Pages Hello