HomeMy WebLinkAbout980426.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS
AGREEMENT AND AUTHORIZE CHAIR TO SIGN -ANDESITE ROCK COMPANY
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 a Long-Term Maintenance and
Improvements Agreement between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Public Works Department,
and Andesite Rock 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 Long-Term Maintenance and Improvements Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Public Works Department, and Andesite Rock
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 11th day of March, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAD
ATTEST A2v-72
�
tec; r Constance L. Harbert, Chair
Weld Cou ty Qlerk=ti,t r�, ,�
‘,(6.15,
- I (1)///44/
W. H. ebster, Pro-Tern
BY:
Deputy Clerk ::��!`->.ard - �{��—�Cif
eorgett. Baxter
AP ED O FORM: 4
Dale . all
ounty A orney wA Q
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� Barbara J. Kirkmeyer�
980426
EG0037
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of 1998, by and
between the County of Weld, State of Colorado, hereinafter called "County" and Andesite Rock Company,
hereinafter called "Operator".
WHEREAS, the Operator and other gravel operators have acquired land use permits from the county for
gravel mining and plant operations in the area southwest of I-25 along Weld County Road (WCR) 7, and
WHEREAS, gravel mining and plant operations are anticipated to continue in this area well into the future,
and
WHEREAS, the County roads in this area will be impacted by heavy truck traffic generated from gravel
mining and plant operations and by other businesses using heavy trucks, and
WHEREAS, present and future gravel operators are required to enter into Road Maintenance and
Improvements Agreements with the County to mitigate the impact created by heavy truck traffic, and
WHEREAS, haul routes overlap between different gravel operators and the existing haul routes are difficult
and impractical to manage, and
WHEREAS,the maintenance and improvements required will vary over time and provisions should be made
to address future requirements, and
WHEREAS, the County and the Operator agree it would be advantageous to set forth an equitable agreement
that would provide a basis for future Road Maintenance and Improvements Agreements between all parties
concerned.
NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the
County and the Operator mutually agree as follows:
1. The County road considered in this Agreement is Weld County Road 7, between SH 119 and SH 52;
and Weld County Road 20''A between Weld County Roads 7 and 1. This County road is referred to
hereinafter as "WCR 7".
2. The Operator may use WCR 7 as the haul route to and from its gravel mining operations area as
described in the plat filed as required by USR 874.
3. In order to provide greater safety for the traveling public and to prevent degradation of the WCR 7
road edge at the access drive, the Operator will install a paved accelera ' 1 o the west side of
WCR 7, as shown in Exhibit A , no later than July 1, 1998. tip(
4. Repair will consist of excavating potholes and distorted areas of pavement, along with unsuitable
subgrade materials, and repairing with four inches of hot bituminous pavement and aggregate base
as required to replace unsuitable subgrade.
5. The County will reimburse the Operator for the cost of the liquid asphalt required to manufacture the
hot bituminous pavement.
6. The County will, to the best of its ability within the restrictions of the law, require future gravel
operators who use the haul routes described in Paragraph 1., above, to participate in Road
Maintenance and Improvements Agreements similar to this agreement.
9b1 /0240
7. The Operator, and present and future gravel operators are required to share in the cost of reasonable
future maintenance and improvements when such maintenance is related to their hauling impacts.
8. Upon notification by the County, all gravel operators and the County will examine the roads and
determine a plan for the maintenance and improvements that are required. The County will have the
final determination as to what maintenance and improvements are required based on input from gravel
operators using the road.
9. Prior to the start of mining, Weld County and the Operator will inspect the roads covered under this
agreement, to insure that the operator will not be responsible for damage previously incurred.
10. Upon determining what maintenance and improvements are required, a separate agreement shall be
drawn detailing the work to be done and the costs to be shared.
11. When requested by the County,the Operator shall provide information as to the amount of materials,
in tons,removed from the pit over a specified period of time and hauled on specified roads. The Weld
County Public Works Department shall provide information on the amount of materials, in tons, it has
hauled on the roads in question. The County shall estimate the amount of non-gravel materials, in
tons, shipped over the road in question for the same period of time. When combined with information
provided by other operators (as set forth in paragraph 7.), the proportionate amount of materials
removed by each operator will be used to determine each operator's share in maintenance and
improvements. No costs for maintenance and improvements associated with traffic not generated by
the gravel operators will be assessed to the gravel operators.
12. It is anticipated that the Operator and future or present gravel operators will perform the work and
share in the equipment,labor, and materials required for the maintenance and improvements necessary
for WCR 7. Any sharing done between the gravel operators shall be by separate agreements.
13. No portion of the Agreement shall be deemed to constitute a waiver of any immunities the parties or
their officers or employees may possess, nor shall any provision of this Agreement be construed to
create any duty, standard of care, or rights in favor of any third parties with respect to any obligation
created by this Agreement.
14. If the Operator does not participate as outlined in the Agreement, it will constitute a revocation of the
conditions of USR 874, and shall subject the Operator to revocation of said USR.
15. This Agreement cannot be assigned by the County to any other entity. The Agreement may be
assigned by the Operator only upon written consent of the County.
16. If any section of WCR 7 as listed in Paragraph 1 is annexed to a municipality while this Agreement
is in force, the Agreement must be renegotiated, with the County, the Operator and the municipality
as parties to the new Agreement.
IN WITNESS WHEREOF,the parties hereto have duly executed the Agreement the day and year first-above
written.
ATTEST:
Weld County Clerk to the Board
/I/
BOARD OF COUNTY COMMISSIONERS ANDESITE ROCK COMPANY
WELD COUNTY, COLORADO (03/11/98)
pUe!
Constance L. Harbert, Chair ��;RY.
.3/4f
The foregoing instrument was acknowledged before me by ;. .ell this `
3C-4 day of M O-A ,1998. STEPIUME1R0
NiYCOIWEJ�uHd`
pQ Notary Public `• 0o
My commission expires: 0 d ' 1 ��( �FUF'C0�•OQ
EXHIBIT A
COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
DIMENSION PLAN FOR RIGHT TURN
ACCELERATION LANE ON WCR 7
' 60' ROW
I
cE
NOTES:
I
1 . SAW CUT EXISTING PAVEMENT TO I I,
FORM THE JOINT. Y
I I Q 200'
2. PAVEMENT THICKNESS IS 7" FULL I I,
DEPTH OR 4" ASPHALT WITH AGGREGATE I'!a
BASE AS REQUIRED BY COUNTY.
I
3. CONSTRUCTION TO AVOID POWER
POLES AS POSSIBLE. I 12'
yI NEW PAVEMENT
4. RELOCATE ROAD SIDE DRAINAGE I ;
DITCH AS NECESSARY.
I I 200'
I
nI
IN-, I
(51m8 1 30' R.
30'
I MINE ACCESS ROAD }
I 1 ) I 1\
30' R.
I
100 50 0 100
H 12'
12' - - -
SCALE IN FEET
CAMENISCH RESOURCE o
SITE ACCESS/ ACCELERATION LANE
~
Tuttl.Applegate,Inc. DATE: 3-3-98
G .•a��+m JOB NO.: 97-167 SCALE: 1 "=100' o
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SHEET:1 OF:1 Ci
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