No preview available
HomeMy WebLinkAboutR01-109 Authorizing County Attorney to make application to PUC for RR crossing Road 28 Hillcrest DriveCommissioner , ��,�t moved adoption of the fo owing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 01- /� 9 RESOLUTION AUTHORIZING R. THOMAS MOORHEAD, COUNTY ATTORNEY, TO MAKE APPLICATION TO THE PUBLIC UTILITIES COMMISSION FOR DESIGNATION OF A RAILROAD CROSSING AT EAGLE COUNTY ROAD 28 (HILLCREST DRIVE) AND FOR AUTHORITY TO INSTALL A CROSSBUCK SIGN, STOP SIGNS, AND RELATED PAVEMENT MARKINGS AT SAID CROSSING. WHEREAS, on or about August 17, 1998, the County of Eagle, State of Colorado, accepted for filing an application submitted by Cordillera Valley Club Investors Limited Partnership (Hereinafter "Applicant ") for amendment of the Cordillera Valley Club Planned Unit Development, Eagle County, Colorado (hereinafter the "PUD "), File No. PDA - 00016 and WHEREAS, the Applicant requested the amendment of the PUD for the purposes of establishing a westerly access to the Cordillera Valley Club property from Hillcrest Drive; and WHEREAS, the Board of County Commissioners for Eagle County, Colorado (hereinafter the "Board "), approved the Applicant's submission with certain conditions; and WHEREAS, one of the conditions called for the Eagle County Board of Commissioners to apply to the Public Utilities Commission for recognition of a railroad crossing at County Road 28 (Hillcrest Drive) and for authority to have requisite warning devices installed with all such costs to be paid by the applicant; and WHEREAS, the Board desires to authorize R. Thomas Moorhead, County Attorney, to sign the attached application and to execute any and all documents necessary to complete the application process with the Public Utilities Commission for the above stated purpose. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of County Commissioners hereby authorizes R. Thomas Moorhead, County Attorney, to execute any and all documents necessary to make application to the Public Utilities Commission for recognition of a railroad crossing at County Road 28 (Hillcrest Drive) and for authority to have requisite warning devices installed with all such costs to be paid by the applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Page: I of 6 09/11/2001 03:38F Sara J Fisher Eagle, CO 370 R 0. 00 D 0.00 G Colorado. C MOVED, READ AND ADOPTED by the Board of County ssion s of the County of Eagle, State of Colorado, at its regular meeting held the day o 001. a v G 2 ATTEST: �toRPo (Clerk to the Board of County Commissioners LINTY OF EAGLE, STATE OF LORADO, by and Through Its �-kRD OF COUNTY COMNIISSIONERS •i eSton Chairman Michael L. Gallagher C s 'oner �'�enb� Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Stone Commissioner Gallagher Commissioner Menconi to #�2— z �61 --- �'/ This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. C1 1 C BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN TH'7-, MATTER OF THE APPLICATION OF THE } BOARD OF COUNTY COMMISSIONERS OF THE ) COT - °TY OF EAGLE, STATE OF COLORADO, FOR ) DESL,fNATION OF A RAILROAD CROSSING AT ) EAGI.E COUNTY ROAD 28 (HILLCREST DRIVE) ) ALSO KNOWN AS RAILROAD CROSSING D.O.T. ) NUMBER 253540U (RAILROAD MILEPOST ) WA- 314.76 AND FOR AUTHORITY TO INSTALL A ) CROSSBUCK SIGN, STOP SIGNS, AND RELATED ) PAVEMENT MARKINGS AT RAILROAD CROSSING ) D.O.T. NUMBER 253540U (RAILROAD MILEPOST ) WA- 314.76 ) DOCKET NO. The Board of County Commissioners of the County of Eagle, State of Colorado, through the undersigned Eagle County Attorney (hereafter "the Applicant "), submits this verified Application to the Public Utilities Commission of the State of Colorado (hereafter "the PUC ") for an order designating Railroad Crossing D.O.T. Number 253540U (Railroad Milepost WA- 314.76) at Eagle County Road 28 (Hillcrest Drive) as a public crossing, and authorizing the installation of a crossbuck sign, stop signs and related pavement markings at Railroad Crossing D.O. T. Number 253540U on Eagle County Road 28 (Hillcrest Drive), in Eagle County, Colorado, pursuant to the direction and authority provided in Rule 51 of the PUC's rules (4 COLO CODE REG. 723 -1), and C.R.S. Section 40 -4 -106. In support of this verified Application, the Applicant States as follows: 1. The Applicant is a County government of the State of Colorado duly authorized to construct, maintain, and operate public highways in the State of Colorado. 2. The name, address, and telephone number of the Applicant are: X 3 1 BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY ATTN: COUNTY ATTORNEY P.O. BOX 850 EAGLE, COLORADO 81631 (970) 328 -8611 3. The name, address, and telephone number of the Applicant's official represei_tative in this matter is: HELEN MIGCHELBRINK COUNTY ENGINEER P.O. BOX 850 EAGLE, COLORADO 81631 (970) 328 -3560 4. The Applicant desires that the existing at -grade railroad crossing on Eagle County Road 28 (Hillcrest Drive), Eagle County, within the right -of -way of the Union Pacific Railroad, at Railroad milepost WA- 314.76, Railroad Crossing D.O.T. Number 253540U (hereafter "the Subject Crossing "), be designated a public crossing, and have a protected crossing with a crossbuck sign, stop signs, and related pavement markings (hereafter "the Requested Improvements "). 5. The Requested Improvements are necessary and proper at the Subject Crossing for the service, accommodation, convenience, and safety of the motoring public. Eagle County Road 28 (Hillcrest Drive) is used by traffic for north and south travel within Eagle County to serve two residential subdivisions. It is the only road providing access to one of the subdivisions. The rail track is crossed regularly at this point by passenger vehicles, commercial trucks, and road construction equipment. 6. Traffic counts conducted in February 1997.showed 2,250 vehicles using this crossing. Based on a study of traffic in the Edwards area completed in December 1997, traffic at this crossing is expected to average 3,150 vehicles by the year 2015. 2 7. There is one track with no trains scheduled at the Subject Crossing. A discontinuai ice of service by the Union Pacific Railroad was authorized by the Surface Transportation Board. 8. The name and address of the property owner whose property completely surrounds the Subject Crossing is: WILMOR DEVELOPMENT, LLC P.O. BOX 988 EDWARDS, COLORADO 81632 9. In addition to the above - referenced property owner, the Applicant believes that the Red Canyon Estates Homeowners' Association, Cordillera Valley Club Property Owners, and the Union Pacific Railroad may have an interest in this Application. The address for the Red Canyon Estates Homeowners' Association is: RED CANYON ESTATES HOMEOWNERS' ASSOCIATION C/O DUNN, ABPLANALP & CHRISTENSEN, P.C. 108 SOUTH FRONTAGE ROAD WEST, SUITE 300 VAIL, COLORADO 81657 The address for the Cordillera Valley Club Property Owners is: CORDILLERA VALLEY CLUB PROPERTY OWNERS BRUCE MIELKE P.O. BOX 988 EDWARDS, COLORADO 81632 The address for the Union Pacific Railroad is: UNION PACIFIC RAILROAD LAW DEPARTMENT ATTN: JAMES P. GATLIN 1416 DODGE STREET OMAHA, NEBRASKA 68179 3 W 10. Attached hereto and incorporated herein as . "Attachment "�" is a map of the vicinity of the Subject Crossing, which shows the location of the Crossing and ffie location of the adjacent property owner. 11. The Applicant has passed a Resolution authorizing the expenditure of local funds for the Requ asted Improvements 12. The Applicant anticipates that work on the Requested Improvements, if approved pursuant to this Application, will take place in or around September, 2001. WHEREFORE, the Applicant prays that the Public Utilities Commission of the State of Colorado finds that the service, accommodation, convenience, and safety of the motoring public require the installation of the Requested Improvements, and, further, that the PUC approve the designation of the Railroad Crossing D.O.T. Number 253540U as a public crossing. Respectfully submitted this day of , 2001. EAGLE COUNTY ATTORNEY R. Thomas Moorhead #22445 By: R. Thomas Moorhead #22445 County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 4 s C BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO IN THE MATTER OF THE APPLICATION OF THE BOARD OF COUNTY COMMISSIONERS OF T14E COUNTY OF EAGLE, STATE OF COLORADO, 'OR DESIGNATION OF A RAILROAD CROSSING AT EAGLE COUNTY ROAD 28 (HILLCREST DRIVE) ALSO KNOWN AS RAILROAD CROSSING D.O.T. NUMBER 25354OU (RAILROAD MILEPOST WA- 314.76 AND FOR AUTHORITY TO INSTALL A CROSSBUCK SIGN, STOP SIGNS, AND RELATED PAVEMENT MARKINGS AT RAILROAD CROSSING D.O.T. NUMBER 253540U (RAILROAD MILEPOST WA- 314.76 DOCKET NO. The Board of County Commissioners of the County of Eagle, State of Colorado, through the undersigned Eagle County Attorney (hereafter "the Applicant "), submits this verified Application to the Public Utilities Commission of the State of Colorado (hereafter "the PUC ") for an order designating Railroad Crossing D.O.T. Number 253540U (Railroad Milepost WA- 314.76) at Eagle County Road 28 (Hillcrest Drive) as a public crossing, and authorizing the installation of a crossbuck sign, stop signs and related pavement markings at Railroad Crossing D.O. T. Number 253540U on Eagle County Road 28 (Hillcrest Drive), in Eagle County, Colorado, pursuant to the direction and authority provided in Rule 51 of the PUC's rules (4 COLO CODE REG. 723 -1), and C.R.S. Section 40 -4 -106. In support of this verified Application, the Applicant States as follows: The Applicant is a County government of the State of Colorado duly authorized to construct, maintain, and operate public highways in the State of Colorado. 2. The name, address, and telephone number of the Applicant are: m J BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY ATTN: COUNTY ATTORNEY P.O. BOX 850 EAGLE, COLORADO 81631 (970) 328 -8611 3. The name, address, and telephone number of the Applicant's official representative in this matter is: HELEN MIGCHELBRINK COUNTY ENGINEER P.O. BOX 850 EAGLE, COLORADO 81631 (970) 328 -3560 4. The Applicant desires that the existing at -grade railroad crossing on Eagle County Road 28 (Hillcrest Drive), Eagle County, within the right -of -way of the Union Pacific Railroad, at Railroad milepost WA- 314.76, Railroad Crossing D.O.T. Number 253540U (hereafter "the Subject Crossing "), be designated a public crossing, and have a protected crossing with a crossbuck sign, stop signs, and related pavement markings (hereafter "the Requested Improvements "). 5. The Requested Improvements are necessary and proper at the Subject Crossing for the service, accommodation, convenience, and safety of the motoring public. Eagle County Road 28 (Hillcrest Drive) is used by traffic for north and south travel within Eagle County to serve two residential subdivisions. It is the only road providing access to one of the subdivisions. The rail track is crossed regularly at this point by passenger vehicles, commercial trucks, and road construction equipment. 6. Traffic counts conducted in February 1997 showed 2,250`vehicles using this crossing. Based on a study of traffic in the Edwards area completed in December 1997, traffic at this crossing is expected to average 3,150 vehicles by the year 2015. 7. There is one tra ;k with no trains scheduled at the Subject Crossing. A discontinuaa jce of service by the Union Pacific Railroad was authorized by the Surface Transportation Board. 8. The name and address of the property owner whose property completely surrounds the Subject Crossing is: WILMOR DEVELOPMENT, LLC P.O. BOX 988 EDWARDS, COLORADO 81632 9. In addition to the above - referenced property owner, the Applicant believes that the Red Canyon Estates Homeowners' Association, Cordillera Valley Club Property Owners, and the Union Pacific Railroad may have an interest in this Application. The address for the Red Canyon Estates Homeowners' Association is: RED CANYON ESTATES HOMEOWNERS' ASSOCIATION C/O DUNN, ABPLANALP & CHRISTENSEN, P.C. 108 SOUTH FRONTAGE ROAD WEST, SUITE 300 VAIL, COLORADO 81657 The address for the Cordillera Valley Club Property Owners is: CORDILLERA VALLEY CLUB PROPERTY OWNERS BRUCE MIELKE P.O. BOX 988 EDWARDS, COLORADO 81632 The address for the Union Pacific Railroad is: UNION PACIFIC RAILROAD LAW DEPARTMENT ATTN: JAMES P. GATLIN 1416 DODGE STREET OMAHA, NEBRASKA 68179 3 { i k � 10. Attached hereto and incorporated herein as "Attachment A" is a map of the vicinity of the Subject Crossing, which shows the location of the Crossing and the location of the adjacent properly owner. 11. The Applicant has passed a Resolution authorizing the expenditure of local funds for the Requested Improvements 12. The Applicant anticipates that work on the Requested Improvements, if approved pursuant to this Application, will take place in or around September, 2001. WHEREFORE, the Applicant prays that the Public Utilities Commission of the State of Colorado finds that the service, accommodation, convenience, and safety of the motoring public require the installation of the Requested Improvements, and, further, that the PUC approve the designation of the Railroad Crossing D.O.T. Number 253540U as a public crossing. Respectfully submitted this day of t c1 4z� , 2001. EAGLE COUNTY ATTORNEY R. Thomas Moorhead #22445 B �� Y• Thomas Moorhead #22445 County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685