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Home My WebLink About20133043.tiffRESOLUTION RE: APPROVE AGREEMENT FOR ANNEXATION OF A PORTION OF COUNTY ROAD 46, AKA INEZ BOULEVARD, AND AUTHORIZE CHAIR TO SIGN - TOWN OF MILLIKEN 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 July 10, 2013, the Board approved a Petition for the Annexation of a portion of County Road 46, aka Inez Boulevard, from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, to the Town of Milliken, Colorado, and WHEREAS, the Board has been presented with an Annexation Agreement for County Road 46, aka Inez Boulevard, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Milliken, Colorado, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Annexation Agreement for County Road 46, aka Inez Boulevard, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Milliken, Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. cc: ,W`°L, M'//`/ii'e4, ei`A 2013-3043 EG0068 ANNEXATION AGREEMENT FOR A PORTION OF COUNTY ROAD 46, AKA INEZ BOULEVARD - TOWN OF MILLIKEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of October, A.D., 2013. BOARD OF COUNTY.COMMISSIONERS Weld County Clerk to the Board BY: On Deputy CI APPROVED AS it r'bara Kirkmey ounty ttorney Date of signature: NOV 2 6 2013 WELD William F. Garcia, Chair RADO r,. a- ,..41 _ DotiglRade cher, Pro-Tem can P. Conway Do„ Freeman 2013-3043 EG0068 Town Hall, 1101 Broad St., Drawer 290, Milliken, CO 80543 (970) 587-4331 Fax: (970) 587-2678 MEMORANDUM To: Stephanie Attics, Weld County Attorney From: Anne Best Johnson, Community Development Director, (970) 660-5046 Date: October 17, 2013 RE: Alice and Inez Annexation Agreements to the Town of Milliken CC: Sunita Sharma and Bruce Fickel Stephanie, Enclosed are two original copies of the Annexation Agreements for Alice and Inez Boulevards to the Town of Milliken. Please have two executed by the Board of County Commissioners and return both copies of each Agreement to me for recording. Thanks, Anne 2013-3043 ANNEXATION AGREEMENT Weld County Road 46/Inez Boulevard HIS ANNEXATION AGREEMENT is made and executed this aB day of Oc�D.eer , 2013, by and between the COUNTY OF WELD, STATE OF COLORADO, by and through the Board of County Commissioners of Weld County, Colorado, (hereinafter referred to as "Annexor"), with offices located at 1150 "O" Street, Greeley, Colorado 80631, and the TOWN OF MILLIKEN, COLORADO, (hereinafter referred to as "Town"), with offices located at 1101 Broad St, Milliken, Colorado 80543, for the annexation of a portion of a right-of-way parcel know as Weld County Road 46, also known as Inez Boulevard. WITNESSETH: WHEREAS, Annexor is the governmental entity which owns and controls certain real property which is part of various Weld County Roads located adjacent to Town and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference, and WHEREAS, Annexor has been requested to file a petition with the Town for the purpose of annexing to the boundaries of the Town the real property described in Exhibit A, and WHEREAS, Annexor desires to impose upon the Town certain conditions relating to the proposed annexation and to the effectiveness of the referenced petition, and WHEREAS, following annexation to the Town of the property described in Exhibit A, said property must be maintained in good condition for the use and safety of the traveling public and the gravel pit operators, and WHEREAS, the Town has reviewed and approved the conditions requested by Annexor and desires to make the proposed annexation subject to the conditions set forth hereinafter. NOW THEREFORE, in consideration of the foregoing premises and the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: 1. Conditions Applicable to Annexation. It is expressly understood by the Town that certain requirements are being imposed by Annexor as a condition precedent to the Town's annexation of the real property described in Exhibit A. These conditions are that, from and after annexation of the real property described in Exhibit A: (a) The Town, except as hereinafter provided, will be responsible for prospective maintenance of said real property. (b) The Town will not impose any weight limitation applicable to vehicles using said real property, other than those imposed generally along WCR 46. (c) The Town will not impose any limitation on vehicular access or use of said real property so as to exclude farm or agricultural vehicles and equipment, other than those 1 Annexation Agreement WCR 46 -Inez Final 3980524 Pages: 1 of 4 11/26/2013 11:04 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder: Weld County, CO 1111 PIOT Fir letil#ii !rkLE4'!ircdIII oZ/- imposed generally along WCR 46. (d) Current ingress and egress to the real property described in Exhibit A for current uses will continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. (e) The Town will implement weed control consistent with the standards of Annexor and the State of Colorado. (f) The Town will initiate timely removal of snow from the annexed road segments. (g) The Town will acquire a total of sixty-four (64) feet of right-of-way along the annexed portion of WCR 46/Inez Boulevard. Upon completion of the Annexation Agreement, Inez Boulevard between Alice and Irene Streets has a right of way width of eighty-four (84) feet annexed to the Town of Milliken. 2. Town's Consent to Conditions. By execution hereof, the Town shall be deemed to agree to each and every condition stated in Paragraph 2 hereof and the use and maintenance of the real property described in Exhibit A shall thereafter be in accordance with the provisions therein. 3. Entire Agreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 4. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. 5. No Third -Party 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. 6. No Waiver of Immunities. 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. 7. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal or unenforceable, this agreement shall be construed and enforced without such a provision, to the extent this Agreement is then capable of execution within the original intent of the parties. 2 Agreement for WCR 46/Inez Blvd Annexation 3980524 Pages: 2 of 4 11/26/2013 11:04 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder', Weld County, CO 111111 ■III l�!��L�C��lii �i I' "'��S�t� lllii�F� + `8 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement the day and year first above written. ANNEXOR: ATTEST:- COUNTY OF WELD, a political subdivision of the STATE OF COLORADO: Clerk to the Board By: Deputy Clerk ATTEST: By: William F. Garcia, Chair OCT 2 8 2013 Board of County Commissioners, County of Weld TOWN: TOWN OF MILLLIKEN, a municipal corporation of the STATE OF COLORADO By: By: Cher ow 11, Town Clerk Milt Tol'unaga, Mayor l 3980524 Pages: 3 of 4 11/26/2013 11:04 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III M��1'� h��llrla'«Itt IAA` 1'i�r Lik�R+�� Sihhi `YL F B III 3 Annexation Agreement WCR 46 -Inez Final 020/ - St 9 EXHIBIT A LEGAL DESCRIPTION Weld County Road 46/Inez Boulevard That part of South Half of Section 11 and North Half of Section 14, all in Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado, described as follows: Commencing at the southwest corner of the Southeast Quarter of said Section 11 monumented with a 3'A4" aluminum cap stamped LS 33642; Thence North 89°26'44" West (bearings based on the Colorado State Plane Coordinate System, North Zone, North American Datum 1983) for 30.01 feet on the south line of the Southwest Quarter of said Section 11 to the TRUE POINT OF BEGINNING; Thence North 00°33'10" West for 30.01 feet parallel with and 30.00 feet west of the east line of the Southwest Quarter of said Section 11; Thence South 89°26'44" East for 30.01 feet parallel with and 30.00 feet north of the south line of the Southwest Quarter of said Section 11 to the east line thereof; Thence North 00°33'10" West for 4.00 feet on said east line to the north line of that parcel recorded at the Weld County, Colorado Clerk and Recorder's Office at Reception Number 2969636; Thence South 89°20'58" East for 2610.85 feet on said north line, parallel with and 34.00 feet north of the south line of the Southeast Quarter of said Section 11; Thence South 00°15'37" East for 34.00 feet parallel with and 30.00 feet west of the east line of the Southeast Quarter of said Section 11 to the south line thereof; Thence South 00°00'53" East for 30.00 feet parallel with and 30.00 feet west of the east line of the Northeast Quarter of said Section 14; Thence North 89°20'58" West for 2610.68 feet parallel with and 30.00 feet south of the north line of the Northeast Quarter of said Section 14 to the west line thereof; Thence North 89°26'44" West for 30.01 feet parallel with and 30.00 feet south of the north line of the Northwest Quarter of said Section 14; Thence North 00°00'32" West for 30.00 feet parallel with and 30.00 feet west of the east line of the Northwest Quarter of said Section 14 to the north line thereof and the point of beginning. Contains 168,885 Square Feet (3.877 Acres). Basis of Bearings: The south line of the Southeast Quarter of Section 11, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado bears South 89°20'58" East based on the Colorado State Plane Coordinate System, North Zone, North American Datum 1983, between the southwest corner of the Southeast Quarter of said Section 11 monumented with a 3'A" aluminum cap stamped LS 33642 and the southeast corner of the Southeast Quarter of said Section 11 monumented with a 3'A4" aluminum cap stamped LS 33642 with all other bearings relative thereto. 3980524 Pages: 4 of 4 11/26/2013 11:04 PM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ®III PanCIKATINF 11111 4 Agreement for WCR 46/Inez Blvd Annexation Hello