HomeMy WebLinkAbout480008.tiff 109/54 U . S . 85
11/24/1948 Resolved to sign agreement
with State . see Book 26 page 315
11/24/1948 Agreement with State Hwy
Department for improvements
of State Hwy 3 (Project
F 006-1 (2 ) ) freeway North
of Greeley approved .
Map attached .
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RESOLUTIOTcr TO SIGN AGREE?.ENT_ :
Upon motion duly made and seconded and on vote adopted
unanimously, it was
RESOLVED, that the Board of County Commissioners of Weld
County, Colorado,sign agreement with the State Hi≥h:ay Department
known a s Project F 006_1(2) for freeway north of Greeley improvement
on State Highway NP, 3 a (Lipp of whilh is hereto attached and made
a part of this resolution.
3oard of County C ommies toners,
Weld County, Cclorado.
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November 24, 1948.
haark II. Nitrous, F 006.1(2)
State Highway Engineer, Weld County
State Highway Department,
Slats Office Building,
Deaver, Colorado. Attention 0. T. Reedy
Dear Sirs
We return herewith three **pies of agreement under above
caption signed by all three of the Weld County Cosrissionerse referred
to in your letter of November 22, 1948.
Ina000rdanoe with the telephone conversation referred to in
said letter, it is understood that all costs, including fees and
expenses of the County Attorney shall be paid by the State Highway
Department.
Tours ♦ery truly,
Board of County Comrdssioners,
Field Cou qty, Colorado.
By
Chairmen.
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GEOMIPP
ADDRESS ALL COMMUNICATION[TO 33
MARK U. WATROUS
�.ry 2Srali
STATE HIGHWAY DEPARTMENT � C4'*:6 M
STATE OFFICE [WILDING Y IGNWAY ENGINEER
H/l SIAI -0,0 YT
STATE HIGHWAY DEPARTMENT
DENVER 2, COLORADO
November 22 , 1948
Mrs. Ann Spomer
County Clerk
Weld County
Greeley, Colorado
Dear Madam:
Reference is made to your letter of November 6, 1948 ,
signed by Air. C. 0. Bursiel, returning three copies of
agreement marked draft of 10/18/48, F 006-1(2) , with the
information that the Chairman of the Board of County Com-
missioners states that the Board declined to execute the
agreement unless Paragraph 3 were deleted.
After telephone discussion by Mr. Watrous , and telephone
conference between County Attorney Robert G. Smith and
Assistant Attorney General John M. Evans, I am advised
that since it has been made clear as to the meaning and
intention of said Paragraph 3 , the Board is willing to execute the
same and I am returning the three copies herewith for that
purpose.
Yours very t ruly,.
NARK U. Z^ATRO US
State Highway Engineer
BY
0. T . REEDY
Senior Assistant Enginee
OTR:Fivi
Enc
cc to hr. Evans
Mr. Stitt ,
Mr. Trueheart
Mr. Walters
Draft of 10/18/48
F 006-1(2)
Weld County
AGREEMENT.
THIS AGREEMENT, dated this day
A.D. 1948, by and between the STATE HIGHWAY DEPARTT of the
State of Colorado, hereinafter called the "Department," and
the COUNTY OF WELD, State of Colorado, hereinafter called
the"County," WITNESSLTH:
WHEREAS, under authority of the laws of the United States
and of the State of Colorado, by and with the concurrence and
approval of the United States Public Roads Administration of
the Federal Works Agency, certain Federal and State funds
have been allocated for the purpose of improving a portion
of relocated State Highway No. 3 which passes through the
County, said improvement being known as Project F 006-1(2) ,
the route and general plan of such project being shown on
Exhibit "A" which is attached hereto and by reference in-
corporated as a part hereof, and
WHERE, in accordance with the laws of the State of
Colorado, said portion of State Highway No. 3 in said county
as so improved, has been designated a Freeway, and
WHEREAS the parties hereto desire to agree upon the
location of said portion of State Highway No. 3 through the
County, and also desire to agree, as required by the Free-
way law of the State of Colorado, upon the extent to which
ingress to and egress from the arterial lanes of said portion
of said State Highway No. 3 will be permitted,.
NOW, THEREFORE, is consideration of the premises and of
the mutual covenants and agreements herein contained and the
faithful performance thereof, the parties hereto promise and
agree as follows:
1. The Department will make all plans and specifications
for the project and will let the contract for and supervise
the construction of the project, all with funds allocated by '- -//e)-2,/
the Federal and State Governments and without any expense to ./;, -
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the County for such construction.
2. The County agrees to the general location of said por-
tion of State Highway No. 3 within the County, as such location
is shown on Exhibit "A".
3. The County agrees as, when and to the extent requested
i by the Department, to assist the Department in procuring the
necessary rights of way and access rights required for the
project, the payment for said rights of way and access rights
to be made from State and Federal funds.
4. The County and the Department agree that public in-
gress to and egress from the arterial lanes of said Freeway
shall be permitted only at the following locations, as shown .
on Exhibit "A":
H. Public access to the arterial lanes of the Free-
way will be provided over the present east and west County
road at or near the intersection of Sections 19, 20, 29 and
30, Township 6 North of Range 65 West, at which point the old
location of State Highway No. 3 will join the new location
of State Highway No. 3 and will provide access to the arterial
lanes of the Freeway from the south.
J. Public a ccess to the arterial lanes of the Free-
way will be provided over the present County road between
Sections 29 and 32, Township 6 North Range 64 West.
Ingress to and egress from the arterial lanes of the
Freeway as described above in this Paragraph No. 4, has refer-
ence only to public ingress and egress. The matter of private
access to the arterial lanes of the Freeway will be covered
either by construction of an outer highway or service road
leading to points of public access, or by providing a private
access, or by restricting or denying access, as may be found
most expedient by the Department.
5. The County and the Department agree that no ingress
to or egress from the arterial lanes of said Freeway shall ,
-2-
be permitted, except as provided in Paragraph 4 above, and in
connection therewith the County agrees that the State Highway
Zngineer of the Department may close any or all streets,
avenues, boulevards, alleys , county highways and other public
ways over which the County has jurisdiction, at or near the
points of intersection of such streets, avenues, boulevards,
alleys, county highways and other public ways with said
Freeway except for the points of ingress and egress speci-
fied in Paragraph 4 above, and thereby prevent and prohibit
ingress and egress to and from said Freeway from and to said
streets, avenues, boulevards, alleys , county highways and
other public ways over which the County has jurisdiction;
provided, however, that points of ingress to and egress from
the arterial lanes of said Freeway may be changed or altered
from time to time by mutual agreement of the parties hereto,
with the concurrence of the U. S. Public Roads Administra-
tion where necessary.
6. This agreement may be modified at any time by the
mutual consent of the parties hereto, subjec', where neces-
sary, to concurrence of the U. S. Public Roads Administra-
tion, as may become necessary for the best accomplishment
through State and County cooperation of the whole Freeway
project for the benefit of the traveling public.
7. This Agreement shall not be deemed valid until it
shall have been approved by the Controller of the State of
Colorado, or by such assistant as he may designate.
1. All of the covenants and agreements herein con-
tained shall be binding upon and inure to the benefit of
the successors and assigns of the parties hereto respec-
tively.
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IN WITNESS WH!REOY, the parties hereto have caused the
foregoing Agreement to be executed the day and year first
hereinabove written,S 0 COLORADO
liv�kk� r/C��Gt-r�t-0
kin v. wknous
A s / State Highway Engineer
THE CCaRnz OY
Br 'Mr
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ATTEST:
BOARD �44104,41717)
ansetJehenuw NT COR SI(fl
Cetiwn� & 8eeOrder
ukPOTT COOIIITT CLARK
Approved as to Form:
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proved: ��7
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. , Controller
APPROVED:
LEE ffiQOUS, GOVERNOR
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SEC. 19 --SEC. 20 �-OW0&' A-NMOJ
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F 006-1(2)
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G O L R A (Weld County)
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ADDRESS ALL COMMONICATIONII TO a S '
STATE NIOXWAT DEPARTMENT MARK U. WATROUS
STATE OFFICE BUILDING
STATE HIGHWAY ENGINEER
STATE HIGHWAY DEPARTMENT
DENVER 2, COLORADO
December 14, 194$
I•irs. Ann Spomer
County Clerk
Weld County
Greeley, Colorado
Derr Madam:
We have just received back from the Governor' s office , the
Freeway agreement between Weld County and this Department
relating to new location of State Highway No . 3 , north of
the City of Greeley, and I am handing you herewith a fully
executed copy for your files.
In Mr. Warren's letter transmitting the three signed copies
of the agreement he refers to telephone conversation between
County Attorney Robert G. Smith and Assistant Attorney Gen-
eral John M. Evans as an understanding that "all costs, in-
cluding fees and expenses of the County Attorney, shall be paid
by the State Highway Department ." This is true except as to
the official services of the County Attorney himself. I am
sure that Mr. Smith understands that, since he knows it would
be unlawful for the Department to use highway funds to pay
for the official services of a County official.
Yours very truly,
DARK U. WATROUS
State Highway Engineer
BY
0. T. REEDY
Senior Assistant Engi er
OTH:FM
Enc
cc to Mr. John M. E vans
R. 0 . W.
Engineering
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