HomeMy WebLinkAboutR02-003 Union Pacific RR agreement for Hillcrest DriveCommissioner f7' moved
adoption of the followi Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 02 -
RESOLUTION AUTHORIZING THE BOARD OF COUNTY COMMISSIONER FOR
TO EXECUTE THE AGREEMENT WITH THE UNI ON PACIFIC RAILROAD F
IMPROVEMENTS OF A RAILROAD CROSSING AT EAGLE COUNTY ROAD 28
(HILLCREST DRIVE).
WHEREAS, the Cord illera Valla Club Investors Limited Pa rtners h ( "Subdivider "), as
a condition of approval ofthe Amendment to the Cordillera Valley Club Planned Unit Development
-West Entrance (File No. PDA - 000 16) (PUD Amendment ), entered into a Subdivision and Off -
Site Improvements Agreement with County on September 4, 2001; and
WHEREAS, in the Subdivision and Off -Site Improvements Agreement, the Subdivider
agreed, at its sole cost and expense, to complete physical improvements to the existing Public Road
Grade Crossing for County Road 28 (Hillcrest Drive) at an estimated cost of $44,458.00
( "Improvements "); and
WHEREAS, pursuant to the PUD Amendment, County made application to the Public
Utilities Commission for recognition of a railroad crossing at County Road 28 (Hillcrest Drive) and
requested the Improvements be performed on the same; and
WHEREAS, the Union Pacific Railroad Company ("Railroad ") is ready, willing and able
to perform the Improvements based on the terms and conditions set forth in the proposed agreement
with County entitled "Improvements to Existing Public Road Grade Crossing For County Road 28
(Hillcrest Drive), DOT #253 540U M.P. 314.26 Tennessee Pass Subdivision Edwards, Colorado"
("Agreement"); and
WHEREAS, the terms and conditions of the Agreement require payment to the Railroad of
a flat sum in the amount of $44,458.00 prior to Railroad performing the Improvements and also
requires County to provide a Resolution authorizing the Commissioner Chair to execute. said
Agreement.
WHEREAS, the Board desires to authorize its Chair to sign the Agreement with the
Railroad for the purposes stated above.
NOW, THEREFORE, BE IT RESOLVED. BY .THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OFEAGft STATE OF COLORADO:
THAT, the Board of County Commissioners hereby authorizes Chairman Michael L.
Gallagher to sign and execute the agreement with the Union Pacific Railroad entitled
"Improvements to Existing Public Road Grade Crossing For County Road 28 (Hillcrest Drive),
DOT #253 540U M.P. 314.26 Tennessee Pass Subdivision Edwards, Colorado."
THAT, the Subdivider has provided a check made out to the Union Pacific Railroad in
the amount of $44,458.00 to cover the costs of the Improvements, and therefore, funds are
available for the payment of requisite costs set forth in the Agreement.
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
Colorado.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the
County of Eagle, State of Colorado, at its regular meeting held the day 2002.
ATTEST:
Clerk to the Boardtof
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, by and Through Its
ca 0Q ARD OF COUNTY COMMISSIONERS
t Michael L. G llagher
Chairman LLD
Tom C. tone
Co
Am Menconi
Commissioner
Commissioner � seconded adoption of the foregoing resolution. The roll
having been called, the vote as as follows:
Cor,missioner Stone
Commissioner Gallagher
Commissioner Menconi
This Resolution passed by rl DD vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.