HomeMy WebLinkAbout20133044.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR ANNEXATION OF A PORTION OF COUNTY ROAD 23,
AKA ALICE AVENUE, 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 23, aka Alice Avenue, 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 23, aka Alice Avenue, 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 23, aka Alice Avenue,
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.
e1 - Y VUi I L-, t IUM a6 Mis(V /10 2013-3044
/EG0068
ANNEXATION AGREEMENT FOR A PORTION OF COUNTY ROAD 23, AKA ALICE AVENUE -
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 C►- Y, COLORADO
Weld County Clerk to the Board
ounty Attorney
NOV 15 2013
Date of signature:
Douglas Rademacher, Pro-Tem
Sean
iPConway
ikFreeman
7
7,
Barbara Kirkmeyer
K
2013-3044
EG0068
O
"roFtittH"4
Town Hall, 1101 Broad St., Drawer 290, Milliken, CO 80543
(970) 587-4331 Fax: (970) 587-2678
MEMORANDUM
To: Stephanie Andes, 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
2013-3044
ANNEXATION AGREEMENT
Weld County Road 23/Alice Avenue
a
THIS ANNEXATION AGREEMENT is made and executed this a2 — day of
r , 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 known as Weld County Road 23, also known as
Alice Avenue.
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, (the "Property") which is attached hereto and incorporated
herein by reference, and
WHEREAS, the Town Board of Trustees approved Ordinance No. 673 annexing said
Property to the Town of Milliken on December 12, 2012; and
WHEREAS, Annexor desires to impose upon the Town certain conditions relating to the
annexation; and
WHEREAS, Annexor desires to ensure that the Property 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 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. The Town and the Annexor mutually agree
that the Property shall be subject to certain conditions which are necessary for the proper use and
safety of the public, as outlined herein:
(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 23.
(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
imposed generally along WCR 23.
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Annexation Agreement WCR 23 -Alice Final Steve Moreno. Clerk and Recorder, Weld County, CO / 2_ �A/%['�
•iii r����:� ECON'u,a'ili0IL � it4rr !mimic ill. I, ii vi G7`%
(d) Current ingress and egress to the Property 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.
(0 The Town will initiate timely removal of snow from the annexed road segments.
(g) The Town will acquire a total of sixty (60) feet of right-of-way along the annexed
portion of WCR 23/Alice Avenue. Upon completion of this Annexation Agreement,
Alice Avenue between Inez and Green Streets has an existing right of way width of
seventy (70) 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 1 hereof and the use and maintenance of
the Property 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.
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Agreement for WCR 23/]Alice Avenue Annexation
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Steve Moreno, Clerk and Recorder, Weld County, CO
■1111Faltr,Wi •,LP 11111
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: m�e wa95�-%L— COUNTY OF WELD, a political
Clerk to the Boar subdivision of the STATE OF COLORADO:
By:
Deputy Cler
ATTEST:
By:
C
ell, Townace-e--)02
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Steve Moreno, Clerk and Recorder, Weld County, CO
•III INr1R'MYINDIFI I OIXENhAikII III
By:
William F. Garcia, Chair OCT 2 8 2013
Board of County Commissioners,
County of Weld
TOWN:
TOWN OF MILLLIICEN, a municipal corporation
of the STATE OF COLORADO
By:
Milt Toku aga, Mayor
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Annexation Agreement WCR 23 -Alice Final
1a7t2/.3 - ,3o 5/j
EXHIBIT A
LEGAL DESCRIPTION
Weld County Road 23/Alice Avenue
That Part of Southeast Quarter of Section 11, Southwest Quarter of Section 12,
Northwest Quarter of Section 13 and Northeast Quarter of Section 14, all in Township 4 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as follows:
Beginning at the northeast corner of the Southeast Quarter of said Section 11
monumented with a 3 '/d' aluminum cap stamped LS 34995;
Thence North 89°08'25" East (bearings based on the Colorado State Plane Coordinate
System, North Zone, North American Datum 1983) for 30.00 feet on the north line of the
Southwest Quarter of said Section 12;
Thence South 00°15'37" East for 2636.54 feet parallel with and 30.00 feet east of the
west line of the Southwest Quarter of said Section 12 to the south line thereof;
Thence South 00°00'53" East for 30.00 feet parallel with and 30.00 feet east of the west
line of the Northwest Quarter of said Section 13;
Thence South 89°26'07" West for 30.00 feet parallel with and 30.00 feet south of the
north line of the Northwest Quarter of said Section 13 to the west line thereof;
Thence North 89°20'58" West for 30.00 feet parallel with and 30.00 feet south of the
north line of the Northeast Quarter of said Section 14;
Thence North 00°00'53" West for 30.00 feet parallel with and 30.00 feet west of the east
line of the Northeast Quarter of said Section 14 to the north line thereof;
Thence North 00°15'37" West for 2636.42 feet parallel with and 30.00 feet west of the
east line of the Southeast Quarter of said Section 11 to the north line thereof;
Thence South 89°16'54" East for 30.00 feet on said north line to the northeast corner of
the Southeast Quarter of said Section 11 monumented with a 3 1/4" aluminum cap stamped LS
34995 and the Point of Beginning.
Contains 159,989 Square Feet (3.673 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
'/4" aluminum cap stamped LS 33642 and the southeast corner of the Southeast Quarter of said
Section 11 monumented with a 3 '/4" aluminum cap stamped LS 33642 with all other bearings
relative thereto.
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SteveB Moreno, �Cle Clerk and Reco3:37 PM R rder, Weld County, CO
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Agreement for WCR 23/lAlice Avenue Annexation
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