HomeMy WebLinkAbout5.0 Agreement for Road Improvements CR103AGREEMENT
ON
RECORDE
REC 4
BOOK 861=tr.'498
FOR ROAD IMPROVEMENTS
COUNTY ROAD 103
61,444.., O'CLOCK P.M. MAY 41993
StL�i ,v MILDRED ALSDORF, COUNTY CLERK
THZSA AGREEMENT made and entered into this �ied day of
, 1993, by and between Casey Concrete Co., a
Colorado C rporation, hereinafter referred to as "Casey", and the
Board of County Commissioners of Garfield County, Colorado,
hereinafter referred to as the "County", who contract and agree as
follows:
RECITALS
WHEREAS, Casey has made application to the County for a Zoning
Special Use Permit for processing and handling of natural
resources, specifically the operation of a concrete batch plant,
to be located on a parcel of land in the unincorporated area of
Garfield County known as the Blue Gravel Pit, legally described as
being in portions of sections 25 and 26, Township 7 South, Range
88 West, of the 6th Principal Meridian; and
WHEREAS, the applicant proposes to use County Roads 103 and
104 for vehicular access to its concrete batch plant operations
from State Highway 82. The proposed operations have been projected
to produce varying levels of heavy truck traffic depending upon the
demand for concrete produced, with estimates ranging from four to
five truck trips per day to approximately 54 total trips per day;
and
WHEREAS, the parties agree that given the current condition
of C.R. 103, from S.H. 82 to the intersection with C.R. 104, that
it is inadequate to provide safe vehicular access for Casey's
proposed operation until and unless certain specifiedimprovements
are made to it and it is maintained to a specified level; and
WHEREAS, Casey does hereby contract and agree to make certain
specified improvements to C.R. 103 and to maintain the road to a
certain specified standard in accordance with the terms and
conditions set forth herein.
NOW, THEREFORE, THE PARTIES CONTRACT AND AGREE AS FOLLOWS:
1. Prior to the County's issuance of a special use permit to
Casey authorizing the erection and operation of a concrete batch
plant upon the subject parcel in accordance with the terms and
conditions of approval set forth in the County's resolution
granting approval to the zoning application, Casey agrees that it
will be responsible for constructing certain improvements to C.R.
103, from its intersection with S.H. 82 to the intersection with
C.R. 104, in order for that section of C.R. 103 to be in
substantial compliance with the Garfield County Road
Specifications, adopted and enacted on April 24, 1978, a copy of
which is attached hereto and incorporated herein by reference.
1
BOOK 861: vc. 499
2. The parties recognize that the adopted county road
standards were designed for the construction of new roads and that
C.R. 103 is an existing road for which it is not reasonable to seek
total compliance with the county road standards.
3. Casey shall be deemed to have achieved satisfactory
compliance with the adopted county road standards, sufficient to
obtain the issuance of a zoning special use permit for the proposed
concrete batch plant operation upon completion of the following
improvements to C.R. 103, to the county's satisfaction:
a. A minimum roadbed width of twentysix feet, with two foot
gravel shoulders on each side of the traveled section,
constructed in accordance with the adopted county road
specifications, as amended herein.
b. The driving surface of the roadbed, for that portion
which is widened in order to achieve a twentysix foot width,
shall consist of either two layers of .75 inch chips or a 1.5
inch asphalt mat, meeting applicable Colorado State Department
of Transportation Current Specifications for material and
construction methods, at Casey's option. The driving surface,
together with any base or sub -base which may be required in
order to achieve compliance with the adopted county road
specifications, shall be constructed in accordance with a
detailed road plan to be developed by Casey, subject to the
County's review and approval. Casey may request that
application of the specified asphalt mat be deferred to a
specific date certain, after the County's issuance of the
special use permit, due to inclement weather conditions or
other good cause, as determined by the County. Casey's
request to the County shall be in writing and shall specify
the particular reasons for delaying the application of the
specified asphalt mat. It shall be in the County's sole
discretion as to whether or not good cause exists to grant
Casey's request to defer installation of the specified asphalt
mat to a date certain.
c. Solely for the purposes of this agreement the
County Road Specifications are amended by deletion
following specified sections: I. Right -of -Way,
entirety; II. Road Construction, D; III. Utilities,
entirety; IV. Roadway Design Criteria, A, C, D, E
Project Plans, B, C, D; VI. Drainage Structures, A,
adopted
of the
in its
in its
, F; V.
C.
d. In lieu of the deleted provisions of the County Road
Specifications, the following standards, in addition to those
previously' specified herein, shall apply to Casey's
construction and maintenance of improvements to the specified
section of C.R. 103:
i. positive drainage shall be achieved;
ii. areas where the road surface has settled are to be
regraded to plan and specifications, with culverts to be
2
[wax 861 500
repaired or replaced as indicated on the plans;
iii. shoulder drainage shall be improved by construction
of bar ditches as required to achieve positive drainage;
iv. in thosesections of the road where the existing
surface is to be widened the existing mat shall be neat lined
where it abuts the new road surface;
v. a soils engineering report from a qualified
geotechnical .firm shall be obtained evaluating the
requirements for base and sub -base construction and materials
for those sections of the road way which are to be widened in
order to achieve the twenty-six foot wide roadbed, and Casey
shall comply with the recommendations in such report regarding
the construction and materials for the required base and sub-
base.
e. Casey shall install additional traffic control
devices within the specified section of C.R. 103,
specifically, truck traffic and truck turning warning signs.
Signage shall be installed in conformity with the Manual for
Uniform Traffic Control Devices.
4. Upon completion of the improvements to C.R. 103 specified
herein Casey shall be responsible for maintaining that section of
roadway on an ongoing basis. Such maintenance shall include
regular and periodic crack sealing, pot hole patching, and seal
coating of the roadway paved surface. These activities shall be
performed in accordance with generally accepted industry standards.
5. A qualified independent professional geotechnical or civil
engineering firm shall be retained by Casey, at its expense, and
acceptable to the County. This engineering firm shall be
responsible for conducting a baseline evaluation of that section
of C.R. 103 which is the subject of this agreement, locating survey
stations as appropriate, and conducting periodic evaluations of the
status and condition of the roadway. Such evaluations shall occur
twice per calender year from the County's issuance of the zoning
special use permit to Casey. The first evaluation in each calender
year shall be performed between March fifteen and April fifteenth,
the second evaluation shall be performed between September
fifteenth and October fifteenth. Both the baseline and periodic
evaluations shall be conducted in accordance with the provisions
of The Asphalt Institute's "A Pavement Rating System for Low -Volume
Asphalt Roads", Information Series No. 169 (I5-169), November 1977,
a copy of which is attached hereto and incorporated herein by
reference. Copies of the engineering firm's reports shall be
furnished to the County upon receipt by Casey.
6. Should the independent engineering firm's periodic
evaluations find and determine that the condition rating for any
section of the subject roadway has a score of less than 80, subject
to a margin of error of (+)(-) 5 points, for an acceptable score
in the range from 75 to 85, Casey shall be responsible for
3
BOOK 861:v.; 501
performing, or causing to be performed, such remedial actions, as
recommended by the independent engineering firm, subject to the
County's review and approval, in order for the subject section of
roadway to achieve a condition rating of at least 80. Casey's
obligation for performance of any remedial work shall be limited
to the downhill lane of C.R. 103, from its intersection with C.R.
104 to its intersection with S.H. 82.
7. Should Casey suspend operations of the concrete batch
plant, located in the Blue Gravel Pit, for which it has received
a zoning special use permit, for a period in excess of thirty days,
it shall provide prompt written notice of such suspension of
activities to the County. Should Casey resume permitted
operations, following issuance of the notice of suspension, it
shall forthwith provide written notice of such resumption to the
County. During the period following the County's receipt of notice
from Casey, until the resumption of operations, any of Casey's
ongoing road maintenance obligations shall be deemed suspended.
However, such suspension shall not apply to any required remedial
work which resulted from road deterioration which occurred prior
to the County's receipt of Casey's notice of suspension of its
activities at the pit.
8. This agreement shall remain in full force and effect for
the term of the zoning special use permit for a concrete batch
plant on the subject property. This agreement shall be binding
upon the partys' heirs, successors, and assigns. Should Casey, its
heirs, successors, or assigns, notify the County in writing that
it has, or will by a specified date, cease to use C.R. 103 for
vehicular access from S.H. 82 to concrete batch plant facilities
on the subject property, this agreement shall be deemed to be
terminated as to Casey's ongoing maintenance obligations, as
specified herein. This agreement shall be deemed effective only
if the County issues a Special Use Permit to Casey for the subject
facility which authorizes and requires that access shall be off of
C.R. 103.
9. For the purposes of this agreement the names and addresses
of the parties are as specified hereinbelow:
GARFIELD COUNTY:
GARFIELD COUNTY ROAD & BRIDGE SUPERVISOR
P.O. BOX 2254
Glenwood Springs, CO 81602-2254
Telephone: 303-945-6111
Casey Concrete:
RICHARD CASEY D/B/A
CASEY CONCRETE, CO.
P.O. BOX 1815
Rifle, CO 81650
Telephone: 303-625-3489
4
BOOK 8614Gi 502
10. This agreement may only be amended by a written agreement
signed and executed by the parties hereto.
Done at Glenwood Springs, CO, on the day and year first
abovewritten.
ATTEST:
ATTEST: • .
C erk to theBoard
5
CASEY CONCRETE, CO.
(2 I/ a
Richard N. Casey
BOARD OF COUNTY COMMISSIONERS
GARFIELD COUNTY, C0•PO
ii tit /_.
Elmer "Bucke
Chairman
Arbaney