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Home My WebLink About911393.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE REALIGNMENT OF BRANTNER ROAD AND AUTHORIZE CHAIRMAN TO SIGN - CITY OF EVANS 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 Intergovernmental Agreement for the Realignment of Brantner Road between the County of Weld and the City of Evans, Colorado, with the further 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 Intergovernmental Agreement for the Realignment of Brantner Road with the City of Evans be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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 2nd day of December, A.D. , 1991. 47144/ /01/2147 BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNT LORADO • Weld County Clerk to the Board Gord a airman By: 7124,00-4 .0c<4424-1. iY� . Deputy C er to the�rd Geor a Kenn dy, Pro-Tem APPROVED AS T FORM: nGsttannccee L. Harbert County Attorney C. W. Kirby W. H. Webster 911393 g6-0° 97 cc. ' 1-;04NS (in H 102)/ Pt E-G C INTERGOVERNMENTAL AGREEMENT FOR THE �`-`- REALIGNMENT OF BRANTNER ROAD THIS AGREEMENT made and entered into this 17th day of September , 1991, by and between the CITY OF EVANS, COLORADO, by and through its City Council, hereinafter referred to as "City" and the COUNTY OF WELD, by and through the Board of County Commissioners of Weld County, hereinafter referred to as "County" . WHEREAS, the City of Evans is the owner of a parcel of land lying outside the City limits of the City of Evans, described as Tract "A" , Evans Industrial Park, a part of the Southeast Quarter of Section 30, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and a roadway known as "Brantner Road" lies on such parcel and requires improvements in order to eliminate potential hazards, and WHEREAS, in order to adequately complete this project, Belmont Avenue will need to be constructed so that both roadways will join at about 45th Street. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. County will realign the centerline of Brantner Road to match the centerline of Belmont Avenue at 45th Street. A twenty four foot (24 ' ) wide asphalt road with four foot (4 ' ) gravel shoulders shall be constructed by the County, with work, including engineering, clearing, grading, earth work, base work, asphalt, drainage structures, to be accomplished by the County on Brantner Road up to the south line of 45th Street. 2 . Upon completion of the realignment, County will pave Brantner Road from the Associated Natural Gas Plant to the south right-of-way line of 45th Street, as described above. 3 . County will provide the surveying and drawings necessary for the replat. As part of the field survey, County will provide the field location of Belmont Avenue between 45th Street and 42nd Street including all intersections at 45th, 44th and 43rd Streets. Page 1 of 3 Pages (8/27/91) 911.393 4 . County agrees to survey the profile of Belmont Avenue north from 45th Street to 42nd Street and to design centerline grades in coordination with the City. City will be responsible for preparing plans, specifications and construction staking for Belmont Avenue from the south line of 45th Street to 42nd Street and 42nd Street from Belmont Avenue to U.S. Highway 85. County will be responsible for plans and specifications and construction staking for Brantner Road south of the south line of 45th Street. 5. The City will construct and pave Belmont Avenue from the south line of 45th Street to 42nd Street and 42nd Street from Belmont Avenue to U. S. Highway 85 including the transition from the County portion of the project described in paragraph 1 to a forty-eight foot (48 ' ) wide paved roadway with curb and gutter on the City portion of the project. 6. The City will provide or obtain the necessary rights- of-way for the realignment of Brantner Road, along with any construction or driveway easements through Tract "A" and within the City limits. Legal descriptions and plats will be supplied by the County. 7. All communications with land owners will be coordinated by the City. 8. The City will construct and maintain Belmont Avenue and 42nd Street as a designated truck route and will not place restrictions on truck traffic on the route which are more stringent than those placed on trucks using U.S. Highway 85 within the City. 9. The City will be responsible for project management on Belmont from the south line of 45th Street north to 42nd Street. 10. The City agrees to maintain that portion of Belmont Avenue within the City limits. The County agrees to maintain those portions of both Belmont Avenue and Brantner Road that continue to lie outside City limits and within the County. 11. County agrees to commence the work described in paragraph 3 within five (5) working days of final execution of this Agreement. Page 2 of 3 Pages (8/27/9.81) v1.k.39 9 12 . This Agreement is not intended to create any rights in any third party to this Agreement nor is this Agreement intended as a waiver of any immunities the City or County may have with respect to persons not a party to this Agreement. IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 2nd day of December , 1991. ATTEST: CITY OF EVANS, COLORADO, by and through the City Council �+ �,�., A of Evans, Colorado tniA �]�- By:�j�/ i City Clerk Mayor I, APPRO D TO FORM: APPROVED AS TO SUBSTANCE: tchalrEansr /6' —./Rssell Anson Evans City AttornPlia4e4 ey ger ATTEST: � COUNTY OF WELD, COLORADO, by and through the Board of County Weld County Clerk to the Board Commissioners of Weld County, Colorado i , Deputy C er to the Bow Go � Chairman 1"(/ap APPROVED AS TO FORM: it " - > , r - _4r r , ,F� Gn'v2 , L c - Z Lee D. Morrison Assistant Weld County Attorney Page 3 of 3 Pages (8/27/91) 21 ,3973 CITY OF EVANS, COLORADO ORDINANCE NO. 807-91 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF EVANS AND THE COUNTY OF WELD CONCERNING THE REALIGNMENT OF BRANTNER ROAD WHEREAS, the City of Evans is the owner of a parcel of land lying outside the City limits of the City of Evans, described as Tract "A" , Evans Industrial Park, a part of the Southeast Quarter of Section 30, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado, and a roadway known as "Brantner Road" lies on such parcel and requires improvements in order to eliminate potential hazards, and WHEREAS, in order to adequately complete this project, Belmont Avenue will need to be constructed so that both roadways will join at about 45th Street, and WHEREAS, the City Staff of the City of Evans has recommended that the City of Evans cooperate with the County of Weld in the realignment of Brantner Road. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: 1. The recitals above set forth are incorporated herein by reference for all purposes as though set forth in full. 2 . The Intergovernmental Agreement attached hereto between the County of Weld and the City of Evans is approved and the Mayor and the City Clerk are authorized and directed to execute such agreement. PASSED AND APPROVED at a regular meeting of the City Council of the City of Evans on this 3rd day of September , 1991. CITY OF EVANS, COLORADO By Mayor ATTEST: 1.2)LAYN City Clerk 911391 PASSED, APPROVED AND ADOPTED ON SECOND READING, this 17th day of September , 1991. CITY OF EVANS, COLORADO By _ n e Y Mayor ATTEST: \2)0m(\ City Clerk 2 ”11.393 GtTY OA. tr ( ^ _' CITY OF EVANS To aea rt EVANS EVAN3700 GOLDEN STREET S, COLORADO 80620-2724 FOUNDED I O00•ROME RULE 1079 303-339-5344 COLORA9O February 6, 1992 Office of the County Commissioners Commissioner Kennedy, Chairman of The Board of Commissioners 915 10th Street Greeley, CO 80631 Dear Commissioner Kennedy, The Brantner Road Relocation Project is progressing smoothly. The diligent efforts of the County Engineering Department working with the city staff has been greatly appreciated and is a prime example of intergovernmental relations that will benefit all taxpayers within the community. The preliminary engineering design is near completion and appears to be acceptable to the county and city staff as well as the adjacent property owners. There remains only one issue which needs to be addressed prior to the road construction. This being a possible land swap between Mr. Salazar and Weld County. Mr. Romon Salazar owns property at 1799 49th Street which is needed by Weld County for right of way in order to construct the newly designed road. He is interested in a tract of land owned by the City of Evans adjacent to his property. The City of Evans believes we have the solution to this dilemma. The City would deed to Weld County Lot 2 (consisting of .845 acres) of Block 4, First Replat of Evans Industrial Park. This would enable the County to exchange that property for Mr. Salazar' s property of equal value. From previous discussions between Mr. Salazar and the County Engineering Department, he has indicated he would be agreeable to this land swap. The city would base this offer predicated upon consideration of the County performing the necessary earth work on Belmont Avenue to 42nd Street. 661 , col miq - e Page 2 Brantner Road Relocation We appreciate your cooperation and assistance in this matter and should you have any questions please contact me at 339-3475. Thank you. Sincerely, icha`r Evan' City Manag RE/cmc PW92007 cc: Commissioner Kirby Commissioner Lacy Commissioner Webster Commissioner Harbert Weld County Engineering Office Ken Hammer, Director of Public Works and Planning Hello