HomeMy WebLinkAbout20010596.tiff RESOLUTION
RE: APPROVE AMENDMENT TO ACCESS MANAGEMENT AGREEMENT FOR TWO
RIVERS PARKWAY 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 Amendment to the Access
Management Agreement for Two Rivers Parkway 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, the Cities of Evans and Greeley, and the Town of Milliken, with
terms and conditions being as stated in said amendment, and
WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment to the Access Management Agreement for Two
Rivers Parkway 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, the
Cities of Evans and Greeley, and the Town of Milliken be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of February, A.D., 2001.
,mss BOARD OF COUNTY COMMISSIONERS
/ WELD C UNTY, COLORADO
ATTEST: I�
/ iA . Cede, Chair
Weld County Clerk to the :.ard€
ti'', XCUSED
L.p / et Glenn Vaad, Pro-Tem
BY: //Lip G' �C/ - ` %! ,.v.
Deputy Clerk to the Board 4°t l^ 0
William H. Jerke
APPRO D AS T F RM: EXCUSED
D d Long 1c
C my Attorne
Robert D. Masden
2001-0596
/99146/Li EG0041
AMENDMENT TO ACCESS MANAGEMENT AGREEMENT
FOR TWO RIVERS PARKWAY
THIS AMENDMENT TO ACCESS MANAGEMENT AGREEMENT is made and entered
into effective as of the date of signature, below, 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 EVANS, a Colorado home-rule municipality, whose address is
1100 37th Street,Evans, CO 80620;the CITY OF GREELEY,a Colorado home-rule municipality,
whose address is 1000 10th Street,Greeley,CO 80631;and the TOWN OF MILLIKEN,a Colorado
Municipal corporation, whose address is 1101 Broad Street, P.O. Box 290, Milliken, CO 80543.
WITNESSETH:
WHEREAS, on or about January 1, 2001, the parties hereto entered into an agreement
regarding access to the Two Rivers Parkway in Weld County, Colorado,with said agreement being
entitled, "Access Management Agreement For Two Rivers Parkway," hereinafter referred to as
"Agreement," and
WHEREAS,attached to the Agreement as "Exhibit C" is a document entitled, "Two Rivers
Parkway Access Policy," and
WHEREAS,the parties now agree to amend the Agreement and its attached Exhibit C as set
forth herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree to amend the Agreement and its attached Exhibit C as follows:
1. Amend Paragraph 2 of the Agreement to clarify the voting rights of the
representatives on the committee to determine "hardship" accesses, as follows
(amended language is highlighted):
"LIMITATION OF ACCESS TO/FROM THE PARKWAY: With regard to access
to/from the Parkway, the parties adopt the policy stated in the attached Exhibit 'C.'
The parties acknowledge that certain instances of hardship, as referred to in Exhibit
C,may arise after the signing of this Agreement. The term `hardship' as used herein
and in Exhibit C shall mean those instances wherein the denial of access will
landlock' a parcel or parcels (no access to a maintained public roadway). The
parties agree that they shall address requests for such `hardship' access(es) by and
through a committee composed of a representative from each party. Each party shall
have one vote on this committee and decisions shall be by majority vote of the three
=abets."
Page 1 of 5 Pages
2001-0596
2. Amend the paragraph entitled, "TEMPORARY ROAD/STREET ACCESS," of
Exhibit"C"to the Agreement,to read as follows(amended language is highlighted):
"TEMPORARY ROAD/STREET ACCESS
Any road access to/from the Parkway which is not for use by the general public and
which will be closed after being used for only a limited time may be considered a
temporary road access. The time shall not exceed 180 days. Temporary road
accesses shall not block existing drainage features. When the temporary road access
is closed,all materials shall be removed and the site restored to its original condition
by the person using such temporary access. If any party grants temporary access to
the Parkway, written notice of such grant of temporary access shall be provided to
the other two parties documenting the specific location,purpose,and duration of the
temporary access "
3. Delete the last sentence of the paragraph entitled, "RIGHT-OF-WAY
REQUIREMENT," of Exhibit "C" to the Agreement, so that it states as follows
(deletion shown with strikeout):
"RIGHT-OF-WAY REQUIREMENT
Each entity shall require the dedication of right-of-way for the Parkway at either
annexation or final plat process. Entiy onto property dcsignat..d as ftglit-Cif=Way shall
be granted at any tithe to the ,,ntity l.avi..g-ju.i.,li.,ti,n. and at its dis..i..timt"
Signed this o8 day of 11i .e , 2001.
ATTEST:
,/ ,,.� Les COUNTY OF WELD, a political subdivision
Weld County Clerk to the as of the STATE OF COLORADO:
_it��r,� _ ��
It _10�=
By: iii. . , . .'.n a3'��' q i By: i7 PCG„
Deputy Clerk to the Bob`U w ort M. J. eile, Chairman (0.242842-c&/)Board of County Commissioners of the
County of Weld
Page 2 of 5 Pages
Signed thisLday of rfr , 2001.
ATTEST: CITY OF EVANS:
By: By:
Tani etz,City Clerk henry Me , M or /
Page 3 of 5 Pages
Signed this /9 day of /Z/Oa#4-►n , 2001.
k4 Of - fja. THE CITY OF GREELEY, COLORADO
1 W
r - Mayor
lr. Ma or
lartliArnt Gill-
ED AS TO SUBSTAN E: APPROVED AS O L GAL FORM:
By: BY: -`—✓ —
Cit anager City mey
AVAILABILITY OF FUNDS:
By: 73-0,---
Director of Finan e
Page 4 of 5 Pages
Signed thisa day , 2001.
ATTEST: TOWN OF MILLIKEN:
B. By:
Nam Armstead, Town erk Chavez, ayor
Page 5 of 5 Pages
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