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Home My WebLink About20170434.tiffRESOLUTION RE: APPROVE ACCEPTANCE OF PAYMENT FOR COUNTY ROAD 13 RAILROAD CROSSING REPLACEMENT IN ACCORDANCE WITH PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY - MARTIN MARIETTA MATERIALS, INC. 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, on August 12, 2015, the Weld County Board of Commissioners approved the application of Weld LV, LLC, 3821 Derby Trail, Round Rock, TX 78681, and Gerrard Investments, LLC, 27486 CR 13, Loveland, CO 80534, do Martin Marietta, 10170 Church Ranch Way, Suite 201, Westminster, CO 80021, for an Amendment to a Site Specific Development Plan and Use by Special Review Permit, USR15-0027 (formerly known as USR-1584) for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (construction business with two shop buildings, office buildings, and outdoor storage) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions to include a Mineral Resource Development Facility, including asphalt and concrete batch plants (materials processing) and transloading in the A (Agricultural) Zone District, on the following described real estate, being more particularly described as follows: Lot B of Recorded Exemption, RE -2803; being part of the SW1/4 and SE1/4, and a tract being part of the SW1/4, all in Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, on November 28, 2016, pursuant to certain Conditions of Approval of said USR15-0027, the Board of County Commissioners of Weld County, Colorado, approved a Public Highway at Grade Crossing Agreement for County Road 13 Railroad Crossing Replacement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and the Union Pacific Railroad Company, and WHEREAS, in accordance with the requirements of USR15-0027 and the aforementioned agreement, Martin Marietta Materials, Inc., has provided payment for said County Road 13 Railroad Crossing Improvements in the form of a company check #1717930, in amount of $178,528.00, and WHEREAS, after review, the Board deems it advisable to accept said payment, 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 aforementioned payment from Martin Marietta Materials, Inc., for the County Road 13 Railroad Crossing Replacement in accordance with the Public Highway at Grade Crossing Agreement, be, and hereby is, approved and accepted. Cc Pw C J'L / m ccu.)1l c� C-r3C-rJ) ©O/31/I-T 2017-0434 EG0074 PL2360 ACCEPTANCE OF PAYMENT FOR COUNTY ROAD 13 RAILROAD CROSSING REPLACEMENT IN ACCORDANCE WITH PUBLIC HIGHWAY AT GRADE CROSSING AGREEMENT WITH UNION PACIFIC RAILROAD COMPANY - MARTIN MARIETTA MATERIALS, INC. PAGE 2 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., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ) je Weld County Clerk to the Board BY. Q a(, R. 1 eputy Clerk to the Board ED A ounty A "orney Date of signature: O91 ICo(fl ie A. ozad, Chair Steve Moreno, Pro-Tem EXCUSED Sean P. Conway ike Freeman arbara Kirkmeyer 2017-0434 EG0074 PL2360 RECEIVED JAN 19 2017 WELD COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS Pass Around Request RE: BOCC Agenda Item -Accept Payment from Martin Marietta for UPRR CR 13 Project DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: January 18, 2017 BOCC STAFF USE Date Set: Time: PERSON REQUESTING: Janet Lundquist Extension: 3726 Brief description of the issue: (please select one) ❑ Informational only X Action needed The Public Works Department and the County Attorney's Office have been working with Martin Marietta and Union Pacific Railroad on a crossing agreement for CR 13, please see the attached. The Agreement is for the Union Pacific Crossing on CR 13 that was required to be upgraded as part of the Martin Marietta project. In accordance with the Agreement the Department of Public Works received payment for the construction costs ($176,528.00) and the processing fee ($2,000.00) for the total amount of $178,528.00 in the form of a company check (Wells Fargo Bank 01717930), for the above -mentioned Agreement. If a Work Session is required, recommended length of time needed for discussion: 15 min If a Work Session is required, In addition to yourself and the board, who should attend? Jay McDonald, Evan Pinkham, Esther Gesick, Tisa Juanicorena, Barb Connolly & Frank Haug What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Option A: Have this BOCC Hearing item be placed on the next available agenda as part of the Option B: Have this BOCC Hearing item be placed on the next available agenda as part of the Recommendations: Option A: Have this BOCC Hearing item be placed on the next available agenda as part of the Approve Recommendation Julie Cozad, Chair Steve Moreno, Pro-Tem Sean Conway Mike Freeman Barbara Kirkmeyer BOARD CHAIR USE Results/Outcomes: Schedule Work Session Other Comments: Consent Agenda. Regular Agenda. Consent Agenda. 2017-0434 M PATENIJ 5 167.705 5.)40 I53 Martin Marietta PO. BOX 30013 RALEIGH, NORTH CAROLINA 27622-0013 VENDOR NO. 406490 DATE: 09/02/16 CHECK NO. 1717930 DATE INVOICE/CREDIT GROSS AMT. ADJ. DESC DISCOUNT NET AMOUNT 08/29/16 40649016416082916 178,528.00 178,528.00 LA e giQ r> t1 : j (-)?" t 3 lam- Y4- Daie,CtUZAea I THE ATTACHED CHECK IS IN PAYMENT FOR ITEMS DESCRIBED ABOVE TOTAL: 178,528.00 178528.00 Martin Marietta WARNING - THIS CHECK IS PROTECTED BY SPECIAL SECURITY GUARD PROGRAMTM FEATURES PO. BOX 30013 RALEIGH, NORTH CAROLINA 27622-0013 Wells Fargo Bank, N. A. $6-166 531 DATE 09/02/16 CHECK NO. 01717930 CHECK AMOUNT $***178,528.00 ONE HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED TWENTY EIGHT AND 00/100************** PAY TO WELD COUNTY PLANNING DEPARTMENT 1555 N 17TH AVE GREELY CO 80631 Authorized Signature SECURE FEATURES INCLUDE INVISIBLE FIBERS • MICROPRINTING • VOID FEATURE PANTOGRAPH • ENDORSEMENT BACKER • BROWNSTAIN CHEMICAL REACTANT Hello