HomeMy WebLinkAbout990920.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 EDMONDSON 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, by Resolution #990244 on February 8, 1999, approved an
Agreement for Crossing and Relocation of the William R. Jones Ditch for Purposes of
Accommodating the Placement of the Poudre River Trail on Edmondson 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, upon further review by the parties, the Central Colorado Water
Conservancy District has an easement for use and enlargement of the William R. Jones Ditch
pursuant to an agreement between the Ditch Board and Central dated April 18, 1995, which
needs to be considered in the placement of the crossings and relocation of the ditch, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, as
revised, 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 revised Agreement for Crossing and Relocation of the William
R. Jones Ditch for Purposes of Accommodating the Placement of the Poudre River Trail on
Edmondson Property among the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, the William R. Jones Ditch Company, and the
Central Colorado Water Conservancy District, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
BE IT FURTHER RESOLVED by the Board that Resolution #990244, approved
February 8, 1999, be, and hereby is, rescinded.
990920
BC0024
AGREEMENT FOR CROSSING AND RELOCATION OF THE WILLIAM R. JONES DITCH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of April, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
LShair
OUNTY, CO ORA O
ATTEST: L; . iil4' /`iI ��,,
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Weld County Clerk to .'
EXCUSED
. l;ccs or
yy s a Barbar J. Kirkmeyei2 Pro-Tem
Deputy Clerk to th=t i;
��=y •ov George E xter
AP . •S TO FORM: 271( eile eitO
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rnty Attorney u{ diel,.9\
Glenn Vaad
990920
BC0024
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
THIS AGREEMENT is made and entered into this 2))day of April, 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 do Ed Orr,On Land and Cattle Company, 826 9th Street,
Greeley, Colorado 80631,hereinafter referred to as"Ditch Board,"and the Central Colorado Water
Conservancy District, 3209 West 28th Street, Greeley, CO 80631, hereinafter referred to as
"Central."
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,Central has an easement for use and enlargement of the William R.Jones Ditch,
pursuant to an Agreement between the Ditch Board and Central dated April 18, 1995, recorded at
Book 1490,Page 980,Reception N°2437246on May 5, 1995, and an Easement Agreement between
Edmundsons and Central dated March 1, 1996, recorded at Book 1541, Page 713, Reception N°
2485057 on April 9, 1996, 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.
Page 1 of 5 Pages
990920
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, repair 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 Master Plan, along both sides of the Edmundson Crossing. County shall patrol
the Edmundson Crossing and shall place appropriate signage upon said fence to warn the
public not to travel beyond, and that such activity shall be considered a trespass. County
shall take all steps reasonably necessary to maintain and preserve law and order on the Trail
in the area of the Edmundson Crossing and shall not permit any nuisance or breach of peace
thereon. County shall maintain, repair and replace the Edmundson Crossing as needed and
upon request by Central and/or Ditch Board, and shall do such further maintenance, repair
or replacement as Central and/or Ditch Board shall reasonably request.
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, Central 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 and Central plans and specifications, which shall show a cross-section of the Ditch
at the point of relocation,the compaction, and the placement of rip-rap between the relocated
Jones Ditch and the Cache La Poudre River, on the north side of the Trail.' No construction
Central and Ditch Board believe that the consideration they provide for the execution of this Agreement
is their waiver of a crossing fee. County believes that it is not required to pay a crossing fee,because it has the right
to cross upon the granting and dedication of the right-of-way by the Edmundsons. Regardless of their respective
positions, all parties hereto agree that sufficient consideration has been given by each party for the execution of this
Agreement.
2The specifications for the rip-rap are as follows:
I. The stone shall have a specific gravity of at least 2.65. Rip-rap shall consist of individual rock
fragments which shall be dense, sound and resistant to abrasion; shall be free from cracks, seams,
and other defects that would tend to unduly increase their destruction by water and frost actions.
Asphalt, broken concrete,concrete slabs or other materials not classified as rock will not be
allowed for use as rip-rap material. All rip-rap shall be Type HV D5„-l8"
2. Rip-rap shall be placed to the lines and thicknesses indicated on the Plans. The larger size stones
composing the rip-rap material shall be placed first and roughly arranged in close contact. The
Page 2 of 5 Pages
on the relocation shall commence until the Ditch Board and Central have approved the
plans and specifications, which approval shall not be unreasonably withheld. Upon
completion of the relocation, County shall survey the relocated Jones Ditch,tie the survey
into Central's existing survey,provide a legal description of the relocated Jones Ditch, and,
after review and approval by Central, which approval shall not be unreasonably withheld,
County shall record the survey and legal desription. Such survey shall include language and
signature blocks for the vacation of the existing Jones Ditch easement which is to be
relocated.
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. County shall provide a map with dimensions showing the locations of
the proposed fences and gates at and across the Edmundson Crossing,so that the Ditch Board
and Central may reasonably be satisfied that such locations will not interfere with
maintenance of the Jones Ditch or the ditch road.
4. MAINTENANCE OF THE JONES DITCH: Pursuant to the Agreement between the Ditch
Board and Central, dated April 18, 1995, above, Central has the obligation to maintain the
Jones Ditch between the headgate and the inlet to the Siebring Reservoir. If Central should
need to perform maintenance upon the Jones Ditch or the headgate in a manner or fashion
wherein access to the Jones Ditch or the headgate is only possible via the Trail, Central shall
give the County 48 hours notice and the County shall allow such access to accomplish the
maintenance, shall warn persons using the Trail of the maintenance work, and shall take
reasonably necessary steps to keep persons out of the maintenance work area.
spaces between the larger stones shall then be filled with smaller stone of suitable sizes,so placed
as to leave the surface evenly stepped,conforming to the contour required. The material shall be
machine-placed with sufficient hand work to accomplish the requirements of this specifications.
Page 3 of 5 Pages
5. 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, and supercedes the agreement between the County and Ditch Board, dated
January_, 1999.
6. RIGHT TO ENTER: The parties hereto agree that upon execution of this Agreement by
County, the Ditch Board and Central,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. Ditch Board
and Central agree to cease delivery of water through the Jones Ditch, at a time agreeable to
all three parties hereto, for a period up to 7 days, to enable County to enter to accomplish
such work.
7. 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.
8. 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 .
9. 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.
Page 4 of 5 Pages
IN WITNESS WHEREOF, the parties have set their hands on the day and year first above
written.
WILLIAM R. JONES DITCH COMPANY, by
and through WILLIAM R. JONES DITCH
COMPANY BOARD
. l(riil
d 4
r, President
STATE OF COLORADO )
C en • „�� ELD ) ss.
% 4 '..:......18 �l-gyp•,: .10°is )
i
1 ' EL(IE*foregoi _ instrument was acknowledged before me this-J day of April , 1999, by Ed
41I 9}.r, PrSl4 Pent,:? am R. Jones Ditch Company Board.
e Cif
f��\i 0] WQP Y hand and official seal ,
Notary Public ��1
My commission expires: 6, 4S 'G'
ATTEST: ► , ' i I 7//,. ' �._" [, S BOARD OF COUNTY COMMISSIONERS
CLERK TO THE BOARD! ' ` v % OF WELD COUNTY, COLORADO
COUNTY COMMISSIO t tiat
BY: _ _Ara— . _i,�i,��, A" 4 B .
Deputy Clerk to the Bs' * • , Dale K. Hall, C airman (cxlialaj9gli
9.
ATTEST: CENTRAL COLORADO WATER
CONSERVANCY DISTRICT
(Seal) /�
l� I/ Cgt By: S 17f2Id
Thomas V. Cech, Secretary Robert W. Walker, President
Page 5 of 5 Pages
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