HomeMy WebLinkAbout20121089.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT CONCERNING THE OWNERSHIP
AND USE OF PARCELS LOCATED IN THE UNION COLONY SUBDIVISION AND
AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY
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 April 18, 2012, the Board was presented with an Intergovernmental
Agreement Concerning the Ownership and Use of Parcels Located in the Union Colony
Subdivision between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and the City of Greeley, commencing upon full
execution, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deemed it advisable to continue the matter to
April 25, 2012, at 9:00 a.m., to allow adequate time for a work session to be conducted.
WHEREAS, after review, on April 25, 2012, 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 Intergovernmental Agreement Concerning the Ownership and
Use of Parcels Located in the Union Colony Subdivision between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and the City of
Greeley be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
C.L - ?w I CO.tI4f^ J 2012-1089
5-33 I a- BC0043
INTERGOVERNMENTAL AGREEMENT CONCERNING OWNERSHIP AND USE OF
PARCELS LOCATED IN THE UNION COLONY SUBDIVISION — CITY OF GREELEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of April, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: . . }
Sean P. Co y, Chair
�Weld County Clerk to the Boy L � • c2
/ , d► �� hill am F. Garcia, Proilem
Deputy erk to the BIr rd
rb a Kirkmeyer
AP V D ORM: �
David E. Long
-
oun y Attorney vlt. r
Douglas ademache
Date of signature: 5-a2 /off
2012-1089
BC0043
INTERGOVERNMENTAL AGREEMENT
CITY OF GREELEY AND WELD COUNTY
Concerning Geisert Pit and Parking Lot
The Agreement addresses the use by the City of Greeley of land owned by Weld County and
used by the City of Greeley for a Parking lot and horse staging area. and the use by Weld County
of land owned by the City of Greeley and used by Weld County for the Geisert gravel pit.
Historically, the parties believed that the City of Greeley owned the property it uses as a parking
lot and horse staging area, and believed that Weld County owned the property used as a gravel
pit and now being converted to a water storage facility. Recent surveys indicated that the
property lines had been incorrectly applied and it was necessary to enter into this Agreement to
allow one another the opportunity to utilize the properties.
There was a work session on this issue on March 28, 2012.
2012-1089
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE OWNERSHIP AND USE OF PARCELS
LOCATED IN THE UNION COLONY SUBDIVISION
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into on
this a5day of ç , , 2012 by and between the Board of County Commissioners of Weld
County, Colorado, whose address is 1150 "O" Street, Greeley, Colorado 80631, (hereinafter
referred to as "Weld County"), and The City of Greeley, a municipal corporation of the State of
Colorado, with its principal office located at 1000 10th Street, Greeley, CO 80631, hereinafter
referred to as Greeley.
WITNESSETH:
WHEREAS, Weld County owns property currently used as a gravel mining pit,
(hereinafter referred to as the "Geisert Pit"), which is described in Exhibit A, a copy of which is
attached hereto and made a part hereof, and
WHEREAS, the Geisert Pit is located primarily in the unincorporated portion of Weld
County, and on property owned by Weld County; and is partially located within the municipal
boundary of the City Greeley and on property owned by Greeley, and
WHEREAS, Greeley owns property currently used as a parking lot, (hereinafter referred
to as "Parking Lot"), which is described in Exhibit B, a copy of which is attached hereto and
made a part hereof, and
WHEREAS, the Parking Lot is located primarily within the municipal units of the City of
Greeley, and on property owned by Greeley; and is partially located within the boundary lines of
Weld County and on property owned by Weld County, and
WHEREAS, until recently both Weld County and Greeley believed that Weld County
owned all of the Geisert Pit property and that Greeley owned all of the Parking Lot property, and
each has properly improved and maintained those respective properties pursuant to that belief,
and
WHEREAS, Weld County is in the process of constructing a slurry wall and part of said
wall has been found to be on land owned by Greeley, and Greeley has been utilizing all of the
parking lot, including a portion of land owned by Weld County's, and
WHEREAS, Weld County and Greeley acknowledge that in the future Greeley is likely
to annex the Geisert Pit and that in the annexation process, the lot lines of the Geisert Pit and the
Parking Lot may be properly created through a re-subdivision conducted under the auspices of
Greeley's subdivision rules: and
of 7
3846921 8i2012 11 04gAM Rt Fee $0.00
Sr eee :orena Jl,rk ,nc P,ec'�'�er', Weld Cun:v� CO
AIIIhr�wY°«i1l��Llll�°I 'fdi�'t,� i,1* �^� °I�!��I � IIIII
Intergovernmental Agreement re Use of Properties-Between Weld County/City of Greeley
DX)/Q. /�69
WHEREAS, Weld County and Greeley further acknowledge that to correct the lot lines
of the Geisert Pit and Parking Lot while each is under dual political jurisdiction would be
unnecessarily complex, and
WHEREAS, Weld County and Greeley concur that formalizing an interim arrangement
for the control and use of the Geisert Pit is prudent, and
WHEREAS, the authority to enter into Intergovernmental Agreements is given to
Greeley and to Weld County for the purposes outlined herein under the provisions of Article
XIV, Section 18 of the Constitution of the State of Colorado and C.R.S. §§29-2-201through 203.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1. AGREEMENT AS TO USE AND OCCUPATION: By execution of this
Intergovernmental Agreement by both parties, each party agrees that Weld County hereby grants
to Greeley the full use and occupation of the property referred to as the Parking Lot and Greeley
hereby grants to Weld County the full use and occupation of the property referred to as the
Geisert Pit. The parties mutually agree that this grant of use and occupation shall be subject to
the obligations of the parties set forth in Paragraph 2 below.
2. OBILGATIONS OF THE PARTIES: The parties agree that the grant of use and
occupation referred to in the preceding paragraph shall be subject to the following terms and
conditions and obligations of the parties:
a. Weld County shall maintain the property granted to it by Greeley in the same
manner as it maintains the balance of the Geisert Pit property which it owns, and Greeley shall
maintain the property granted to it by Weld County in the same manner as it maintains the
balance of the Parking Lot which it owns;
b. Each party to whom a grant of use and occupation is given shall obtain and
maintain property and liability insurance coverage sufficient to protect the owner of the property,
and each further agrees to designate the other as an additional named insured with respect to the
property to which the grant applies;
c. Each party as an owner of one of the properties subject to a grant of use and
occupation, agrees to inform the other if a sale of the property is contemplated. Each party agrees
that it shall offer the property first to the other before offering the property to a third party.
d. Weld County and Greeley agree that the Geisert Pit property granted to Weld
County by Greeley shall be operated and maintained in compliance with the Building and Zoning
Codes and Ordinances, Rules and Regulations of Weld County and the Parking Lot property
granted to Greeley by Weld County shall be operated and maintained in compliance with the
Building and Zoning Ordinances, Rules and Regulations of Greeley.
3. TERM: The parties agree that the term of this Intergovernmental Agreement shall begin
on the date of the execution of this Agreement and shall continue to and until the earlier of the
following events:
a. Greeley annexes the property currently owned by Weld County and completes the
re-subdivision process; 3846921 Pages: 2 of 7
05/18/2012 11 :04 AM R Fee $0 00
Steve M..reno Clerk end 2ecorder. Wald Couni CO
«llaf*,(.10,I41'Hl''1 Ili
III
Intergovernmental Agreement re Use of Properties-Between Weld County/City of Greeley
b. One or both of the properties is sold to a third party or to the other party;
c. This Agreement is terminated pursuant to the terms stated herein.
4. TERMINATION: This Intergovernmental Agreement may be terminated by either party
upon sixty calendar days written notice provided to the other party.
5. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental
Agreement between the parties hereto with respect to the subject matter herein, and shall be
binding upon said parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of said
parties.
6. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental 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 Intergovernmental 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
Intergovernmental Agreement.
7. NO THIRD PARTY BENEFICIARY 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.
Signed by the parties the day of April, 2012.
ATTEST: j�... COUNTY OF WELD, a political
subdivision Weld County Clerk to the Board
_ a of the STATE OF COLORADO:
Deputy Clerk to e Hoard merit, can Conway, Chair
O t Board of County Commissioners o the
"Co/s � .,� °�rj� County of Weld APR 2 5 701?
%*(*
•t' SE I*•
p CITY OF GREELEY, a municipal
��tn 9 C�i corporation of the STATE OF COL RAD
1 �e
ie
—h1;27,7
BY: . By:
City Clerk ( Thomas E. Norton, Mayor
3846921 Pages: 3 of 7
05/18/2012 11 04 RP1 R Rec. $0 00
Ste e ^loge-o. Cie-k and Recorder . Weld Crunty. CO
Vita E'I f it%LLSi%Iiti`HI Ii III
Intergovernmental Agreement re Use of Properties-Between
O26/O7 / fl
EXHIBIT-A SE 1/4 S31-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 6 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
BEING A PORTION OF THAT QUIT CLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 1742421 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65
WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST
ONE-QUARTER AS BEARING SOUTH 0'47'48" EAST A DISTANCE OF 2765.41 FEET TO THE SOUTHEAST CORNER
OF SAID SECTION 31 ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 0'47'48" EAST ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF
881.33 FEET;
THENCE DEPARTING SAID EAST LINE SOUTH 89'39'42" WEST A DISTANCE OF 653.72 FEET; THENCE SOUTH
01'01'38" EAST A DISTANCE OF 321.30 FEET TO A POINT ON THE NORTH BANK OF THE EXISTING CACHE LA
POUDER RIVER; THENCE NORTH 73'56'46" WEST ALONG SAID RIVER A DISTANCE OF 145.32 FEET; THENCE
NORTH 58'08'58" WEST ALONG SAID RIVER, TO THE SOUTHEAST CORNER OF PARCEL B-1 RECEPTION
NUMBER 1742421 A DISTANCE OF 242.90 FEET; THENCE NORTH 23'24'42" EAST ALONG THE EASTERLY LINE
OF SAID PARCEL A DISTANCE OF 26.62 FEET; THENCE NORTH 5629'48" WEST ALONG SAID PARCEL LINE A
DISTANCE OF 86.25 FEET; THENCE NORTH 14'24'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 335.00
FEET; THENCE NORTH 31'26'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 230.21 FEET TO THE POINT
OF BEGINNING.
THENCE DEPARTING SAID PARCEL LINE SOUTH 76'37'56" WEST TO THE WESTERLY PARCEL LINE OF B-1
RECEPTION NUMBER 1742421 A DISTANCE OF 286.65 FEET; THENCE NORTH 35'35'12" EAST ALONG SAID
PARCEL LINE A DISTANCE OF 4.78 FEET; THENCE NORTH 51'45'12" EAST ALONG SAID PARCEL LINE A
DISTANCE OF 270.00 FEET; THENCE SOUTH 31'26'48" EAST ALONG SAID PARCEL LINE A DISTANCE OF 122.79
FEET; TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 16,909.92 sf. OR 0.388 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND
FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
3846921 Pages' 4 of 7
05/18/2012 11 :04 RM R Fee:$0.00
51e'e Moreno. Clerk and Recorder. Reid County CO
VIII Iii iµYrll1/2J'i,IWIP Ii1 II'I W, !I III
WELD COUNTY PUBLIC WORKS
DEPARTMENT
fir • \ GEISERT PIT
WELD COUNTY -;;C-/ LJ1j. r
SITE:GEISERT GRAVEL PIT c o u,11 Y, PROJECT. GEISERT PIT SCALE:
WELD COUNTY,COLORADO DATE: FEB. 28,2012 DRAWN BY: DRH SHEET: 1 of 2
EXHIBIT-A SE 1/4 S3I-T6N-R65W
P.O.C.
EAST QUARTER CORNER
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FOUND 3-1/4"
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LS#22098
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NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT S31-T6N-R65W
A MONUMENTED LAND SURVEY OR LAND SURVEY FOUND 3-1/4"
PLAT. IT IS INTENDED TO ILLUSTRATE THE A.C. STAMPED
ATTACHED PROPERTY DESCRIPTION ONLY. PLS #28259
1996
WELD COUNTY PUBLIC WORKS
LAND SWAP DEPARTMENT
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SITE:GEISERT GRAVEL PIT "3 o 4�Y PROJECTS GEISERT PIT SCALE 1"=200'
WELD COUNTY,COLORADO DATE_ FEB. 28,2012 DRAWN BY. DRI-I SHEET' 2 of 2
3846921 Pages: 5 of 7
05/18;2012 11:04 AM R Fee:$0.00
Step' Moreno. Clerk and Recnrder, Weld County. CO !
®III A PYA«'l'iwf��.l�4�aS'�f fill.le !i�Wi',k .14,1114 BI 'III 5
EXHIBIT-B SE 1/4 831-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 6 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
BEING A PORTION OF THAT QUIT CLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 1742420 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65
WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST
ONE-QUARTER AS BEARING SOUTH 0'47'48" EAST A DISTANCE OF 2765.41 FEET TO THE SOUTHEAST CORNER
OF SAID SECTION 31 ALSO DESCRIBED AS SHOWN;
• THENCE SOUTH 0'47'48" EAST ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF
881.33 FEET;
THENCE DEPARTING SAID EAST LINE SOUTH 89'39'42" WEST A DISTANCE OF 653.72 FEET; THENCE SOUTH
01'01'38" EAST A DISTANCE OF 321.30 FEET TO A POINT ON THE NORTH BANK OF THE EXISTING CACHE LA
POUDER RIVER; THENCE NORTH 73'56'48" WEST ALONG SAID RIVER A DISTANCE OF 145.32 FEET; THENCE
NORTH 58'08'56" WEST ALONG SAID RIVER, TO THE SOUTHEAST CORNER OF PARCEL B-1 RECEPTION
NUMBER 1742421 A DISTANCE OF 242.90 FEET; THENCE NORTH 23'24'42" EAST ALONG THE EASTERLY LINE
OF SAID PARCEL, TO THE SOUTHEAST CORNER OF PARCEL B OF RECEPTION NUMBER 1742420 A DISTANCE
OF 26.62 FEET; THENCE NORTH 56'29'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 74.90 FEET TO
THE POINT OF BEGINNING.
THENCE CONTINUING NORTH 56'29'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 11.29 FEET; THENCE
NORTH 14'24'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 335.00 FEET; THENCE NORTH 31'26'48"
WEST ALONG SAID PARCEL LINE A DISTANCE OF 230.21 FEET; THENCE DEPARTING SAID PARCEL LINE NORTH
76'37'56" EAST A DISTANCE OF 182.63 FEET; THENCE SOUTH 03'32'25" EAST A DISTANCE OF 570.40 TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 41,844.38 sf. OR 0.961 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND
FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
3846921 Pages: 6c0f .0a
05/18/ 012 Moreno.11 .04 110 4 AMand Recorder. Weld county. co
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WELD COUNTY PUBLIC WORKS
DEPARTMENT
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GEISERT PIT
WELD COUNTY
SITE:GEISERT GRAVEL PIT c a u r v PRoJE CT GEISERT PIT SCALE:
WELD COUNTY,COLORADO DATE: FEB 28,2012 DRAWN BY: DRH SHEET: 1 of 2
EXHIBIT-B SE 1/4 S31-T6N-R65W
P.O.C.
EAST QUARTER CORNER
S31-T6N-R65W
FOUND 3-1/4"
A.C. STAMPED
LS#22098
'�,.,...--� 2004
WELD COUNTY 1,
RECP.#17442420
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!,.- �// LINE TABLE HSBO otm
U N23'24'42"E 26.62' c'ge90e i' m o
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L3 N56'29'48"W 11.29' �5"9 °`v
2-----.§45.Z
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SE SECTION CORNER
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT S31-76N-R65W
A MONUMENTED LAND SURVEY OR LAND SURVEY FOUND 3-1/4"
PLAT. IT IS INTENDED TO ILLUSTRATE THE A.C. STAMPED
ATTACHED PROPERTY DESCRIPTION ONLY. PLS #28259
1996
WELD COUNTY PUBLIC WORKS
LAND SWAP DEPARTMENT
;WlitisC
III Ir 1—
WELD COUNTY -A it II-! !P1 i ij
SITE:GEISERT GRAVEL PIT 2.c°1, PROJECT: GEISERT PIT SCALE D=200'
WELD COUNTY,COLORADO DATE: FEB. 28 2012 DRAWN 9Y. DRH SHEET. 2 of 2
3846921 Pages: 7 of 7
05/18/2012 11:04 AM R Fee:$0.00
Steve Moreno, Clerk and Recorder. Weld County, CO
®III WI iPYrlkill i'liIiLY4.re rills il.1 11 I1N1"HI"1 III III krd,--2
CITY OF GREELEY, COLORADO
RESOLUTION NO.22_, 2012
A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY CONCERNING THE
OWNERSHIP AND USE OF PARCELS LOCATED WITHIN THE UNION COLONY
SUBDIVISION
WHEREAS, the City of Greeley("City") and Weld County desire to enter into an
Agreement to acknowledge and continue to use parcels of land each owned by the other; and
WHEREAS, such parcels are known as a portion of the "Geisert Pit" and the "Parking
Lot" used for interim City parking and horse staging,
WHEREAS, such parcels are relatively small and incidental, and are already being used
in the manner contemplated by this Agreement; and
WHEREAS, the City and County are each willing to cooperate in this matter under the
terms and conditions contained in Exhibit"A"; and
WHEREAS, it is in the best interest of the citizens of the City of Greeley to enter into
this agreement with the County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GREELEY, COLORADO:
1. The City Council hereby authorizes the Mayor to enter into the agreement attached
hereto and incorporated herein as Exhibit "A".
2. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this 3h day of April, 2012.
Al LEST: THE CITY OF GREELEY, COLORADO
By: _ By: 71 a-G/�fi
City Cle Thomas E. Norton, Mayor
( a®
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE OWNERSHIP AND USE OF PARCELS
LOCATED IN THE UNION COLONY SUBDIVISION
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into on
this day of , 2012 by and between the Board of County Commissioners of Weld
County, Colorado, whose address is 1150 "O" Street, Greeley, Colorado 80631, (hereinafter
referred to as "Weld County"), and The City of Greeley, a municipal corporation of the State of
Colorado, with its principal office located at 1000 10th Street, Greeley, CO 80631, hereinafter
referred to as Greeley.
WITNESSETH:
WHEREAS, Weld County owns property currently used as a gravel mining pit,
(hereinafter referred to as the "Geisert Pit"), which is described in Exhibit A, a copy of which is
attached hereto and made a part hereof, and
WHEREAS, the Geisert Pit is located primarily in the unincorporated portion of Weld
County, and on property owned by Weld County; and is partially located within the municipal
boundary of the City Greeley and on property owned by Greeley, and
WHEREAS, Greeley owns property currently used as a parking lot, (hereinafter referred
to as "Parking Lot"), which is described in Exhibit B, a copy of which is attached hereto and
made a part hereof, and
WHEREAS, the Parking Lot is located primarily within the municipal units of the City of
Greeley, and on property owned by Greeley; and is partially located within the boundary lines of
Weld County and on property owned by Weld County, and
WHEREAS, until recently both Weld County and Greeley believed that Weld County
owned all of the Geisert Pit property and that Greeley owned all of the Parking Lot property, and
each has properly improved and maintained those respective properties pursuant to that belief,
and
WHEREAS, Weld County is in the process of constructing a slurry wall and part of said
wall has been found to be on land owned by Greeley, and Greeley has been utilizing all of the
parking lot, including a portion of land owned by Weld County's, and
WHEREAS, Weld County and Greeley acknowledge that in the future Greeley is likely
to annex the Geisert Pit and that in the annexation process, the lot lines of the Geisert Pit and the
Parking Lot may be properly created through a re-subdivision conducted under the auspices of
Greeley's subdivision rules: and
Intergovernmental Agreement re Use of Properties-Between Weld County/City of Greeley
EXHIBIT A
WHEREAS, Weld County and Greeley further acknowledge that to correct the lot lines
of the Geisert Pit and Parking Lot while each is under dual political jurisdiction would be
unnecessarily complex, and
WHEREAS, Weld County and Greeley concur that formalizing an interim arrangement
for the control and use of the Geisert Pit is prudent, and
WHEREAS, the authority to enter into Intergovernmental Agreements is given to
Greeley and to Weld County for the purposes outlined herein under the provisions of Article
XIV, Section 18 of the Constitution of the State of Colorado and C.R.S. §§29-2-201through 203.
NOW THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1. AGREEMENT AS TO USE AND OCCUPATION: By execution of this
Intergovernmental Agreement by both parties, each party agrees that Weld County hereby grants
to Greeley the full use and occupation of the property referred to as the Parking Lot and Greeley
hereby grants to Weld County the full use and occupation of the property referred to as the
Geisert Pit. The parties mutually agree that this grant of use and occupation shall be subject to
the obligations of the parties set forth in Paragraph 2 below.
2. OBILGATIONS OF THE PARTIES: The parties agree that the grant of use and
occupation referred to in the preceding paragraph shall be subject to the following terms and
conditions and obligations of the parties:
a. Weld County shall maintain the property granted to it by Greeley in the same
manner as it maintains the balance of the Geisert Pit property which it owns, and Greeley shall
maintain the property granted to it by Weld County in the same manner as it maintains the
balance of the Parking Lot which it owns;
b. Each party to whom a grant of use and occupation is given shall obtain and
maintain property and liability insurance coverage sufficient to protect the owner of the property,
and each further agrees to designate the other as an additional named insured with respect to the
property to which the grant applies;
c. Each party as an owner of one of the properties subject to a grant of use and
occupation, agrees to inform the other if a sale of the property is contemplated. Each party agrees
that it shall offer the property first to the other before offering the property to a third party.
d. Weld County and Greeley agree that the Geisert Pit property granted to Weld
County by Greeley shall be operated and maintained in compliance with the Building and Zoning
Codes and Ordinances, Rules and Regulations of Weld County and the Parking Lot property
granted to Greeley by Weld County shall be operated and maintained in compliance with the
Building and Zoning Ordinances, Rules and Regulations of Greeley.
3. TERM: The parties agree that the term of this Intergovernmental Agreement shall begin
on the date of the execution of this Agreement and shall continue to and until the earlier of the
following events:
a. Greeley annexes the property currently owned by Weld County and completes the
re-subdivision process;
Intergovernmental Agreement re Use of Properties-Between Weld County/City of Greeley (Pd‘rd
EXHIBIT A
b. One or both of the properties is sold to a third party or to the other party;
c. This Agreement is terminated pursuant to the terms stated herein.
4. TERMINATION: This Intergovernmental Agreement may be terminated by either party
upon sixty calendar days written notice provided to the other party.
5. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental
Agreement between the parties hereto with respect to the subject matter herein, and shall be
binding upon said parties, their officers, employees, agents and assigns and shall inure to the
benefit of the respective survivors, heirs, personal representatives, successors and assigns of said
parties.
6. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental 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 Intergovernmental 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
Intergovernmental Agreement.
7. NO THIRD PARTY BENEFICIARY 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.
Signed by the parties the day of April, 2012.
ATTEST: COUNTY OF WELD, a political
subdivision Weld County Clerk to the Board
of the STATE OF COLORADO:
By: By:
Deputy Clerk to the Board Sean Conway, Chair
Board of County Commissioners of the
County of Weld
ATTEST: CITY OF GREELEY, a municipal
corporation of the STATE OF COLORADO
By: By:
City Clerk Thomas E. Norton, Mayor
Intergovernmental Agreement re Use of Properties-Between Weld County/City of Greeley
1_Q-2
EXIIIBIT-A SE 1/4 831-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 6 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
BEING A PORTION OF THAT QUIT CLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 1742421 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMFNCING AT THE EAST ONE-QUARTER CORNER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65
WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST
ONE-QUARTER AS BEARING SOUTH 0'47'48" EAST A DISTANCE OF 2765.41 FEET TO THE SOUTHEAST CORNER
OF SAID SECTION 31 ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 0'47'48" EAST ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF
881.33 FEET;
THENCE DEPARTING SAID EAST LINE SOUTH 89'39'42" WEST A DISTANCE OF 653.72 FEET; THENCE SOUTH
01'01'38" EAST A DISTANCE OF 321.30 FEET TO A POINT ON THE NORTH BANK OF THE EXISTING CACHE LA
POUDER RIVER; THENCE NORTH 73'56'48" WEST ALONG SAID RIVER A DISTANCE OF 145.32 FEET; THENCE
NORTH 58'08'58" WEST ALONG SAID RIVER, TO THE SOUTHEAST CORNER OF PARCEL B-1 RECEPTION
NUMBER 1742421 A DISTANCE OF 242.90 FEET; THENCE NORTH 23'24'42" EAST ALONG THE EASTERLY LINE
OF SAID PARCEL A DISTANCE OF 26.62 FEET; THENCE NORTH 56'29'48" WEST ALONG SAID PARCEL LINE A
DISTANCE OF 86.25 FEET; THENCE NORTH 14'24'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 335.00
FEET; THENCE NORTH 31'26'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 230.21 FEET TO THE POINT
OF BEGINNING.
THENCE DEPARTING SAID PARCEL LINE SOUTH 76'37'56" WEST TO THE WESTERLY PARCEL LINE OF B-1
RECEPTION NUMBER 1742421 A DISTANCE OF 286.65 FEET; THENCE NORTH 35'35'12" EAST ALONG SAID
PARCEL LINE A DISTANCE OF 4.78 FEET; THENCE NORTH 51'45'12" EAST ALONG SAID PARCEL LINE A
DISTANCE OF 270.00 FEET; THENCE SOUTH 31'26'48" EAST ALONG SAID PARCEL LINE A DISTANCE OF 122.79
FEET; TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 16,909.92 sf. OR 0.388 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND
FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
WELD COUNTY PUBLIC WORKS
DEPARTMENT
GEISERT PIT
WELD COUNTY =s r f
SITE:GEISERT GRAVEL PIT c o r r PROJECT GEISERT PIT SCALE.
WELD COUNTY,COLORADO DATE: DRAWN BY. SHEET.
FEB.28,2012 DUI 1 of 2
EXIIIBIT-A SE I/4 S31-T6N-R65W
P.O.C.
$ ,--/ EAST QUARTER CORNER
S31-T6N-R65W
FOUND 3-1/4"
A.C. STAMPED
LS#22098
2004
� �
� U'E]F)COUNTY ��,
in ECP_#kTd 22?0
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O 4'
/ Jo 12 co6 OBEY TO 0
/11O;f3 p. W9_D COUNTY o
ij
�c�1 0.388 ACRES ma
to
L3 / ST6.37'56 W 1.- ( W
2$6.6 co co / r7
(J)6_ /
PUB. ' 4\ 1
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12 .# 1'.42421 0�i
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/ L1 rruu o .,
�� LINE TABLE �SgO Lo m
U N23'24'42' 26.62' e90e((, r1 0
L2 N56'29'48"W 86.25' ^r O
L3 N35'35'12"E 4.78' '145328y a s
C°
PI
SE SECTION CORNER
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT S31-T6N-R65W
A MONUMENTED LAND SURVEY OR LAND SURVEY FOUND 3-1/4"
PLAT. IT IS INTENDED TO ILLUSTRATE THE A.C. STAMPED
ATTACHED PROPERTY DESCRIPTION ONLY. PLS #28259
1996
WELD COUNTY PUBLIC WORKS
LAND SWAP DEPARTMENT
• ec(
WELD COUNTY TA I i. 'r 1
SITE:GEISERT GRAVEL PIT -11.c O u T I PROJECT_ GEISERT PIT SCALE. 1"=200'
WELD COUNTY,COLORADO DATE. DRAWN BY SHEET.
FEB. 28,2012 - DRH 2 of 2
1 aS
EXI-IIBIT-B SE 1/4 S31-T6N-R65W
PROPERTY DESCRIPTION
A PARCEL OF LAND, LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 31, TOWNSHIP 6 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL
BEING A PORTION OF THAT QUIT CLAIM DEED FILED IN THE WELD COUNTY CLERK AND RECORDERS OFFICE
UNDER RECEPTION NO. 1742420 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST ONE-QUARTER CORNER OF SECTION 31, TOWNSHIP 6 NORTH, RANGE 65
WEST DESCRIBED AS SHOWN AND IS BASED ON A GRID BEARING OF THE EAST LINE OF SAID SOUTHEAST
ONE-QUARTER AS BEARING SOUTH 0'47'48" EAST A DISTANCE OF 2765.41 FEET TO THE SOUTHEAST CORNER
OF SAID SECTION 31 ALSO DESCRIBED AS SHOWN;
THENCE SOUTH 0'47'48" EAST ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF
881.33 FEET;
THENCE DEPARTING SAID EAST LINE SOUTH 89'39'42" WEST A DISTANCE OF 653.72 FEET; THENCE SOUTH
01'01'38" EAST A DISTANCE OF 321.30 FEET TO A POINT ON THE NORTH BANK OF THE EXISTING CACHE LA
POUDER RIVER; THENCE NORTH 73'56'48" WEST ALONG SAID RIVER A DISTANCE OF 145.32 FEET; THENCE
NORTH 58'08'58" WEST ALONG SAID RIVER, TO THE SOUTHEAST CORNER OF PARCEL B-1 RECEPTION
NUMBER 1742421 A DISTANCE OF 242.90 FEET; THENCE NORTH 23'24'42" EAST ALONG THE EASTERLY LINE
OF SAID PARCEL, TO THE SOUTHEAST CORNER OF PARCEL B OF RECEPTION NUMBER 1742420 A DISTANCE
OF 26.62 FEET; THENCE NORTH 56'29'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 74.90 FEET TO
THE POINT OF BEGINNING.
THENCE CONTINUING NORTH 56'29'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 11.29 FEET; THENCE
NORTH 14'24'48" WEST ALONG SAID PARCEL LINE A DISTANCE OF 335.00 FEET; THENCE NORTH 31'26'48"
WEST ALONG SAID PARCEL LINE A DISTANCE OF 230.21 FEET; THENCE DEPARTING SAID PARCEL LINE NORTH
76'37'56" EAST A DISTANCE OF 182.63 FEET; THENCE SOUTH 03'32'25" EAST A DISTANCE OF 570.40 TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 41,844.38 sf. OR 0.961 ac. MORE OR LESS.
THE ABOVE DESCRIPTION WAS PREPARED BY LEON W. SIEVERS, RIGHT OF WAY AGENT AND SURVEYOR IN AND
FOR WELD COUNTY, COLORADO.
LEON W. SIEVERS
PLS 23520
WELD COUNTY PUBLIC WORKS
DEPARTMENT
# �r� �- y�, GEISERT PIT
WELD COUNTY �, r f?
N T Y - PROJECL SCALE:
SITE:GEISERT GRAVEL PI I _C O_J I GEISERT PIT
WELD COUNTY,COLORADO DATE: DRAWN BY SHEET:
FEB. 28,2012 DRH 1 of 2
EXHIBIT-B SE 1/4 S31-T6N-R65W
P.O.C.
S 7, ____ _ ., EAST QUARTER CORNER
531-T6N-R65W
FOUND 3-1/4"
A.C. STAMPED
LS#22098
2004
-7
\1'FLn COUNTY
R IfCP.A 1`.42121) \
4
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/ .7 6"'37 531E o
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CIT F Y O GRF['.l,f_l' La ro
tpp
RP_C'P.t 1742421 O n S89'39'42'W
£ 653.72 E
P.D.B.
0
10..90
iL3 L2 '',y 0n"oLINE TABLE 48o�mLI N23'24'42"E 26.62' 8l8,9.. im o
L2 N56'29'48"W 74.90' N O
L3 N56'29'48"W 11.29' N>453`.8'i1 a a
m
m
SE SECTION CORNER
NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT S31-T6N-R65W
A MONUMENTED LAND SURVEY OR LAND SURVEY FOUND 3-1/4"
PLAT. IT IS INTENDED TO ILLUSTRATE THE A.C. STAMPED
ATTACHED PROPERTY DESCRIPTION ONLY. PLS #28259
1996
WELD COUNTY PUBLIC WORKS
LAND SWAP DEPARTMENT
aer
1 / Ir ' !t
WELD COUNTY _i . II. r j
-2 cow t Y w N PROJECT- SCALE.
SITE:GEISERT GRAVEL PIT -I GEISERT PIT 1"=200'
WELD COUNTY,COLORADO DATE DRAWN BY- SHEET-
FEB. 28,2012 DRH - 2 of 2
I O[7
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