HomeMy WebLinkAbout990244.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR CROSSING AND RELOCATION OF THE WILLIAM R.
JONES DITCH, FOR PURPOSES OF ACCOMMODATING THE PLACEMENT OF THE
POUDRE RIVER TRAIL ON EDMUNDSON PROPERTY 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 Agreement for Crossing and
Relocation of the William R. Jones Ditch for Purposes of Accommodating the Placement of the
Poudre River Trail on Edmundson Property between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, and the William R. Jones
Ditch Company, 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 Agreement for Crossing and Relocation of the William R.
Jones Ditch for Purposes of Accommodating the Placement of the Poudre River Trail on
Edmundson Property between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and William R. Jones Ditch Company 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 8th day of February, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, O •RADO
ATTEST: LI
w - e K. Hall, Chair
Weld County Clerk to the B•- •
� s� 3• . tIt;
' �, %��p • `rbar,2 J. Kirkmeyer, Pro-1 m
BY: d a- -
Deputy Clerk to the Boa -®p �` cci
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N xter
APEyey
DASTOFO- I,•
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Glenn Vaad
C. C'A, J ne'S i .amu/1dS&1 990244
f [..-U PROO16
AGREEMENT FOR CROSSING AND RELOCATION OF THE
WILLIAM R. JONES DITCH.FOR PURPOSES OF ACCOMMODATING THE
PLACEMENT OF THE POUDRE RIVER TRAIL ON EDMUNDSON µ PROPERTY
THIS AGREEMENT is made and entered into this 124 day of January, 1999, by and
between the County of Weld, a political subdivision of the State of Colorado, by and through the
Board of County Commissioners of the County of Weld, whose address is 915 10th Street, Greeley,
Colorado 80631,hereinafter referred to as"County," and the William R. Jones Ditch Company, by
and through its Ditch Board, whose address is c/o Ed On, Orr Land and Cattle Company, 826 9th
Street, Greeley, Colorado 80631, hereinafter referred to as "Ditch Board."
WITNESSETH:
WHEREAS,County has entered into a separate agreement to obtain the right to construct and
maintain a pedestrian and non-motorized vehicular right-of-way(hereinafter referred to as"Right-of-
Way"), as part of the Poudre River Trail (hereinafter referred to as "Trail"), between Weld County
Road("WCR") 25 and WCR 23, across land owned by the Dean and Susan Edmundson in Section
36, Township 6 North, Range 67 West, and
WHEREAS, the Edmundsons have agreed to donate Right-of-Way to County, in fee, upon
County meeting certain terms and conditions, and
WHEREAS, the William R. Jones Ditch (hereinafter referred to as the "Jones Ditch")
traverses the Edmondson's property on an easement located south of the Cache La Poudre River,and
WHEREAS, the agreed upon location of the Trail as it crosses the Edmundson's property
places it on the north side of the Jones Ditch, which will require one crossing of the Jones Ditch on
the western edge of the Edmundson's property (an existing crossing), and will require the relocation
of the Jones Ditch at a location approximately 200 yards east of said crossing,where the Jones Ditch
is less than 25 feet from the Cache La Poudre River, and
WHEREAS, the parties hereto desire to enter into an agreement for the purpose of
memorializing their understandings regarding the use of the crossing and the relocation of the Jones
Ditch.
NOW, THEREFORE, in consideration of the mutual promises and covenants expressed
herein, the parties hereto agree as follows:
1. CROSSING OF JONES DITCH: The Trail shall be allowed to cross the Jones
Ditch, at an existing crossing located on the western edge of the Edmundson's property
("Edmundson Crossing")without cost to County. County agrees to establish and maintain
a stock and smaller animal fence(i.e., small wire mesh at least 72 inches in height on wood
posts,with three strands of barbed wire above the mesh),as defined in the Poudre River Trail
Page 1 of 4 Pages
990244
Master Plan, along both sides of the Edmundson Crossing. Appropriate signage shall be
placed upon said fence to warn the public not to travel beyond, and that such activity shall
be considered a trespass. County shall maintain the Edmundson Crossing.
2. RELOCATION OF JONES DITCH: County shall be responsible to pay the entire cost of
relocating the Jones Ditch, at a location approximately 200 yards east of the Edmundson
Crossing, where the Jones Ditch is less than 25 feet from the Cache La Poudre River. The
relocation work shall be performed by a contractor chosen by County, upon acceptance of
bid. Any warranty of work by the contractor and any required performance bond shall run
to the benefit of the Ditch Board and the County. The relocation shall be done at a mutually
agreed upon time so that there will be minimal interference with normal operation of the
Jones Ditch. Prior to commencement of the relocation, County shall present to Ditch Board
a survey plat and design drawings,which shall show a cross-section of the Ditch at the point
of relocation, the compaction, and the placement of rip-rap. No construction on the
relocation shall commence until the Ditch Board has approved the survey plat and drawings,
which approval shall not be unreasonably withheld.
3. FENCING OF RIGHT-OF-WAY: In addition to the fencing described in Paragraph
1., above, County has agreed with the Edmundsons to establish and maintain a stock and
smaller animal fence, being of a small wire mesh at least 48 inches in height on wood posts,
with three strands of barbed wire above the mesh, as defined in the Poudre River Trail
Master Plan, along both sides of the Right-of-Way, from the bridge crossing the Poudre
River, to the Edmundson Crossing, and along the south side of the Right-of-Way, from that
part of the Jones Ditch which is referred to in Paragraph 2., above, east to the Edmundson's
property line. County has also agreed to establish and maintain an identical fence, but at
least 72 inches in height, along both sides of the Edmundson Crossing, and from the
Edmundson Crossing north to the Poudre River, and along the south side of the Right-of-
Way, from the Edmundson Crossing east to that part of the Jones Ditch which is referred to
in Paragraph 2., above. Appropriate signage shall be placed upon the fence to warn the
public not to travel beyond, and that such activity shall be considered a trespass. In addition,
County shall install a chain link gate on a roller(opening to at least twenty(20)feet in width)
on both sides of said Right-of-Way, at a point mutually agreed upon, adjacent to the Jones
Ditch for access and maintenance of the Jones Ditch and headgate by owners and operators
of the Jones Ditch.
4. ENTIRE AGREEMENT: The parties hereby agree that neither has made or authorized any
agreement with respect to the subject matter of this instrument other than expressly set forth
herein, and no oral representation,promise, or consideration different from the terms herein
contained shall be binding on either party, or its agents or employees, hereto. This
Agreement embodies all agreements between the parties hereto and there are no promises,
terms, conditions, or obligations referring to the subject matter whereof other than as
contained herein.
Page 2 of 4 Pages
5. RIGHT TO ENTER: The parties hereto agree that upon execution of this Agreement by
County and the Ditch Board,County,its contractors,agents,employees, if any,and all others
deemed necessary by County, shall have the irrevocable right to enter the Jones Ditch for the
purpose of performing the relocation work described in Paragraph 2.,above, and the fencing
of the Edmundson Crossing described.in Paragraph 1., above.
6. SEVERABILITY: If any term or provision of this Agreement, or the application
thereof to any person or circumstances shall, to any extent,be held invalid or unenforceable,
the remainder of this Agreement, or the application of such terms or provisions, to a person
or circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected, and every other term and provision of this Agreement shall be deemed valid and
enforceable to the extent permitted by law.
7. 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 .
8. 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.
IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend
to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective
parties hereto.
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
Page 3 of 4 Pages
990 9y
WILLIAM R. JONES DITCH COMPANY, by
and through WILLIAM R. JONES DITCH
COMPANY BOARD
Ed On, President
STATE OF COLORADO
COUNTY OF WELD ) ss.
The foregoing instrument was acknowledged before me this lL/t1 day of January, 1999, by
Ed Orr, President, William R. Jones Ditch Company Board.
RAERAtrantilitid al official seal. C7 �
VOTARY PUBLIC
STATE OF COLORADO Notary Public
My CommissitatOM ISMISes: cwth, )77, )L2o
ATTEST: Aid BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD O JE ft /,a OF WELD COUNTY, COLORADO
COUNTY COMMISSIO R
BY: BY
Deputy
DeP u Clerktoth ' Dale K. Hall, chat (02/08/99)
�_,
Page 4 of 4 Pages
99(251 C/C/
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