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Home My WebLink About20123462.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING PETITION AND ANNEXATION AGREEMENT FOR PORTION OF COUNTY ROAD 26 -CITY OF LONGMONT 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 a Petition and Agreement for Annexation of a portion of County Road 26 from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,to the City of Longmont, Colorado, at which time they deemed it advisable to continue the matter to July 25, 2012, and then to December 5, 2012, to allow additional time to discuss the matter with current representatives from the City of Longmont, include a provision to retain the mineral interests beneath the right-of-way, and ensure adequate public notice, and WHEREAS, at said hearing on December 5, 2012, after review, the Board deems it advisable to deny the petition. NOW, THEREFORE, BE IT RESOLVED, that the Petition and Agreement for Annexation of a portion of County Road 26 be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of December, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 0"Mrtly 1J ry�� :_��ip ♦ 7:5_,C� I "e can P. C w.:y, Chair Weld County Clerk to the Bcfrd �;: ; ' 2 / l 1861 ;5�, 1/4? m F. Garcia, ro-Tem BY: LL �IiL`a Deputy Cler to the Board UN°� . ' Barbara Kiirkmeyb r / APPROVED AS TO FORM: C1/ David . Long' County Attorney tic r� xz uglak Lem -- Date of signature: I f t ✓613 CC : CO 2012-3462 1-11-13 EG0066 City of Longmont Weld County Road 26 Annexation PETITION FOR ANNEXATION TO THE CITY OF LONGMONT DATE: , 2012 TO: THE CITY COUNCIL OF LONGMONT, COLORADO. I, Sean P. Conway, serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the City of Longmont and its City Council for annexation to the City of Longmont of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. This annexation shall be known as the Weld County Road 26 Annexation. As part of this petition, your petitioner further states to the Mayor and City Council of Longmont, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Longmont. 2. The requirements of C.R.S. Sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Longmont or will be contiguous with the City of Longmont within such time as required by C.R.S. Section 31-12-104. b. A community of interest exists between the area proposed to be annexed and the City of Longmont. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Longmont. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. 1 Petition for Annexation of WCR 26 2012-3462 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Longmont more than three miles in any direction from any point of the boundary of the City of Longmont in any one year. j. The territory to be annexed is 5.68 acres, more or less, in total area. k. Prior to completion of the annexation of the territory proposed to be annexed, the City of Longmont will, pursuant to the provisions of C.R.S. Section 31-12-105(1)(e), have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the City of Longmont; and the proposed land uses for the area; such plan to be updated at least once annually. 1. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The City of Longmont will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which has been annexed by the City of Longmont but which is not bounded on both sides by the City of Longmont. m. The Board of County Commissioners agrees that an impact report pursuant to C.R.S. Section 31-12-108.5, is not required because the total area of territory proposed to be annexed is less than ten acres and, further, that any requirement for preparation thereof, is waived. 2 Petition for Annexation of WCR 26 3. The owners of more than fifty percent(50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. In this case, 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared by and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Longmont and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the City of Longmont, except for general property taxes of the City of Longmont which shall become effective as the January 1 next ensuing, if applicable. 6. As an express condition of annexation, the owner consents to inclusion into the Northern Colorado Water Conservancy District (District) and the Municipal Subdistrict Subdistrict),Northern Colorado Water Conservancy District pursuant to Section 37-45-136 (3.6), C.R.S. The owner acknowledges that, upon inclusion into the District and Subdistrict, the owner's property may be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the District and Subdistrict at the time of inclusion of owners land. The owner agrees to waive any right to an election which may exist to require an election pursuant to Article X, Section 20 of the Colorado Constitution before the District and Subdistrict can impose such mill levies and special assessments as it has the authority to impose. The owner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20 of the Colorado Constitution. 7. Petitioner agrees that the annexed land shall be brought under the provisions of Chapter 17 of the Longmont Municipal Code within ninety (90) days of the effective date of the annexation ordinance. 3 Petition for Annexation of WCR 26 8. There shall be no duty or obligation upon the City of Longmont to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the Town, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the City of Longmont. 9. Petitioner and the City of Longmont specifically acknowledge the execution of an Annexation Agreement contemporaneously with the execution of this Petition, and both parties expressly consent to the terms and conditions set forth therein, which include but are not limited to the following: (a) The City of Longmont, except as hereinafter provided, will be responsible for prospective maintenance of said real property. (b) The City of Longmont will not impose any weight limitation applicable to vehicles using said real property, other than those imposed generally along WCR 26. (c) The City of Longmont 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 26. (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 City of Longmont will implement weed control consistent with the standards of Weld County and the State of Colorado. (f) The City of Longmont will initiate timely removal of snow from the annexed road segments. (g) The City of Longmont will acquire or reserve a minimum of an additional ten (10) feet of right-of-way (ROW) along the annexed portion of WCR 26 for full build-out in order to maintain the classification of WCR 26 as a two lane collector road (which requires a minimum ROW width of eighty (80) feet). 9. Petitioner Weld County expressly reserves the right to withdraw this Petition for Annexation at any time prior to the adoption of the ordinance annexing the property to the City of Longmont. 4 Petition for Annexation of WCR 26 WHEREFORE, the following petitioner, a non-resident landowner of the area proposed to be annexed, (as more particularly described in the attached Exhibit A) respectfully requests that the City of Longmont, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. N ` b DEC o 5 2012 Owner, Sean P. Conway, Chair Date Board of County Commissioners, County of Weld, State of Colorado STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 5th day of December , 2012 by Sean P. Conway My commission expires: Witness My Hand and Official Seal. Notary Public Landowner/Petitioner Mailing Address: Chair of the Board of Commissioners of Weld County, Colorado 1150 "O" Street P.O. Box 758 Greeley, CO 80632 5 Petition for Annexation of WCR 26 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print Landowner/Petitioner: Board of County Commissioners of the County of Weld, State of Colorado Mailing Address: 1150 "O" Street, P.O. Box 758, Greeley, Colorado 80632 Date: Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 6 Petition for Annexation of WCR 26 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss. N\—E\ COUNTY OF ) , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the City of Longmont, Colorado, consisting of seven(7) pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name is purports to be. Circulator STATE OF COLORADO ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 by My commission expires: Witness My Hand and Official Seal. Notary Public 7 Petition for Annexation of WCR 26 EXHIBIT A LEGAL DESCRIPTION UNION RESERVOIR ANNEXATION NO. 4 A tract of land located in the NW 1/4 and NE1/4 of Section 5, T2N, R68W of the 6th P.M., and in the SWI/4 and the SE1/4 of Section 32, T3N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the S1/4 Corner of said Section 32, from which the Southeast Corner of said Section 32 bears N89°1 l'41"E, 2696.56 feet (Basis of Bearing), thence N00°08'52"W, 30.00 feet along the West Line of the SE1/4 of said Section 32 to the Northerly Right-of-Way Line of Weld County Road 26, and the TRUE POINT OF BEGINNING; Thence Easterly along said Northerly Right-of-Way Line of Weld County Road 26 the following four(4) courses: 1) N89°11'41"E, 766.38 feet, being also contiguous with the City of Longmont Corporate Boundary, to the Westerly Line of Lot A, Recorded Exemption No. 1207- 32-4 RE-3163 according to the recorded plat thereof; 2) Continuing N89°11'41"E, 941.11 feet to the Easterly Line of said Lot A, Recorded Exemption No. 1207-32-4 RE-3163; 3) Continuing N89°11'41"E,1'41"E, 725.77 feet, being also contiguous with said City of Longmont Corporate Boundary, to the Easterly Line of Lot B, of said Recorded Exemption No. 1207-32-4 RE-3163; 4) Continuing N89°11'41"E, 79.39 feet to a non-tangent point of curve on the Easterly Right-of-Way Line of the Great Western Railway; Thence Southerly along said Easterly Right-of-Way Line, 68.44 feet along the arc of said curve, concave to the West, said arc having a radius of 1472.74 feet, a central angle of 2°39'45", and being subtended by a chord which bears S27°56'24"W, 68.43 feet to the Southerly Right-of-Way Line of said Weld County Road 26; Thence Westerly along said Southerly Right-of-Way Line of Weld County Road 26 the following three(3) courses: 1) S89°11'41"W, 2480.72 feet to the East Line of the NW 1/4/4 of said Section 5; 2) S89°21'50"W, 948.27 feet to the Easterly Line of Parcel 2, Subdivision Exemption No. 392 according to the recorded plat thereof; 3) Continuing S89°21'50"W, 711.50 feet, being also contiguous with said City of Longmont Corporate Boundary, to the Easterly Line of Tract VIII of Union Reservoir conveyed to The Union Reservoir Company as described in Civil Action No. 80-CV- 8 Petition for Annexation of WCR 26 403 recorded August 19, 1980, in Book 911 as Reception No. 1833434 of the Weld County records; Thence N36°12'24"E, 37.49 feet along said Easterly Line, being also contiguous with said City of Longmont Corporate Boundary, to the South Line of the SW1/4 1/4 of said Section 32; Thence N89°21'50"E, 15.43 feet along said South Line, being also contiguous with said City of Longmont Corporate Boundary, to the Easterly Line of Tract IX of said Union Reservoir conveyed to The Union Reservoir Company as described in said Civil Action No. 80-CV-403 recorded in Book 911 as Reception No. 1833434 of the Weld County records; Thence N49°32'24"E, 46.84 feet along said Easterly Line, being also contiguous with said City of Longmont Corporate Boundary, to said Northerly Right-of-Way Line of Weld County Road 26; Thence Easterly along said Northerly Right-of-Way Line of Weld County Road 26 the following two (2) courses: 1) N89°21'50"E, 562.79 feet to the Easterly Line of Lot B, Recorded Exemption No. 1207- 32-3 RE-2755 according to the recorded plat thereof; 2) N89°2 1'50"E, 1023.90 feet, being also contiguous with said City of Longmont Corporate Boundary, to the TRUE POINT OF BEGINNING Area=247,417 square feet (5.680 acres), more or less. 9 Petition for Annexation of WCR 26 ANNEXATION AGREEMENT This ANNEXATION AGREEMENT is made and executed this day of ,2012,by and between the COUNTY OF WELD,COLORADO, (hereinafter referred to as"Annexor")and the CITY OF LONGMONT,COLORADO (hereinafter referred to as the"City"), for the annexation of portions of Weld County Road 26. WITNESSETH: WHEREAS,Annexor is the governmental entity which owns and controls certain real property which is part of Weld County Road 26 located adjacent to the City and more particularly described in Exhibit A,which is attached hereto and incorporated by reference,and WHEREAS,Annexor has been requested to file petitions with the City for the purpose of annexing to the boundaries of the City the real property described in Exhibit A(hereinafter referred to as"the Real Property"), and WHEREAS,Annexor desires to impose upon the City certain conditions relating to the proposed annexations and to the effectiveness of the referenced petitions, and WHEREAS,the City has reviewed and approved the conditions requested by Annexor and desires to make the proposed annexations subject to the conditions set forth hereinafter. NOW THEREFORE,in consideration of the foregoing promises 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: I. Submission of Annexation Petitions: Annexor has submitted to the City for its consideration certain annexation petitions for the annexation of the Real Property, with said petition being incorporated herein by reference(hereinafter the"Annexation Petition"). The Annexation Petition has been submitted on the express condition that it will be approved by the City and the Real Property described shall be annexed to the City pursuant to the conditions set forth in Paragraph 2,hereunder. 2. Conditions Anplicable to Annexations. It is expressly understood by the City that certain requirements are being imposed by Annexor as a condition precedent to the City's annexation of the Real Property. These conditions,to which City agrees in total,are as follows, which shall apply from and after the date of annexation of the Real Property: (a) City shall not impose any new weight limitation on the roads and bridges applicable to vehicles using the Real Property, other than those imposed under applicable State law,unless future engineering inspections of a road or bridge requires such restriction; (b) Except in case of emergency or for construction purposes,no attempt shall be made by the City to limit vehicular access or use the Real Property so as exclude farm or agricultural vehicles and equipment. (c) Current ingress and egress to the Real Property for current uses shall continue to be allowed for such purposes,the intent being that annexation shall not impair or affect current access. 3. Weld County Road Maintenance Records. The Weld County Department of Public Works shall provide City with copies of its maintenance records and recommend schedules for all roads and bridges subject to this Annexation Agreement. 4. The Annexor hereby waives the production and provision of an annexation impact report for the annexed Real Property as provide in C.R.S. Section 31-12-108.5(1); and,the mailing of a copy of the petitions for annexation and/or resolutions related to the initiation of the annexation to the Weld County Board of County Commissioners and/or the Weld County Attorney as maybe required in C.R.S. Section 31-12-108(2). 5. Entire Agreement. This instrument embodies the entire agreement of the parties with iraipoa 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. 6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. 7. 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. 8. 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. 9. 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. 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 Clerk to the Board STATE OF COLORADO By: By: Deputy Clerk to the Board Sean Conway, Chairman DEC o 2012 Board of County Commissioners County of Weld CITY: ATTEST: CITY OF LONGMONT, a municipal corporation of the STATE OF COLORADO �.By:\ca By: ;O1,„44 City Clerk Mayor APPROVED AS TO FORM: 4 0 IyON(r O� _34172-- T44:1 Y CITY ATTORNEY DATE c.) CA file 8740 Q COLORIm ‘37E)/L2 394 ti EXISTING LCNGMCNT CITY LIMBS 1 N i .r;... A WCR C28 to be Annoyed " o f by Longmont N / EXISTING FIRESTONE TOWN LIMITS L • SH 110 !_ I Il 7 l� ‘ii VICINITY MAP Longmont WCR 26 Annexation n4* 01.31710'7 I O 1 g f i.1 4 T / ill (?___ . 3 i .. L I „..,....,y I ,.. tf�� • . . 1 I t . &/.Wk:� re-y.1W?_ - . Tti:�t.. ;c ; � � .. .4 fir' HA' pct.! ... .el,.•,,nt% . T r t L 4 4 .Pa. • Z.. ✓ e, _ , a , m 4 H ; ; 2 P N '` , 4 III §z g : A g | ' /iH m f il z „zR • : . q tao -/ § Q ti 3; �. / I § , , A|§� \| s \ \ | 3fE/ §AI� it \ E « !; .p.it k # q . 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S i 2h \h 2- I u • ut� P 4�. \ 9 gab aa° N Z Pyx o ...�. 3 \\gb S2 I g` 0.1 N tp9F3Pd PAq 1 : ` 4444 IT r"E n=W .e...8A4-4.nsm.n.-& -..n.,'.',T..:4.4„wn4 a WELD COUNTY ATTORNEY'S OFFICE �1 PHONE: (970) 336-7235 ♦1 FAX: (970) 352-0242 I1)Cri 1150 'O' STREET GREELEY, COLORADO 80632 CO Writer's Ext.: 4395 COLORADO April 6, 2012 Harold Dominguez Longmont City Manager 350 Kimbark Street Longmont, CO 80501 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. Dominguez: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated "Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, va CCnn Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board; Pat Persichino, Dir. Weld County Dept. of Public Works a WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 336-7235 FAX: (970) 352-0242 'Cr- r.I II C 1150 'O' STREET GREELEY, COLORADO 80632 II I O Writer's Ext.: 4395 COLORADO April 6, 2012 Eugene Mei Longmont City Attorney 408 Third Ave. Longmont, CO 80501 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. Mei: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated "Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board; Pat Persichino, Dir. Weld County Dept. of Public Works t;i4/11. WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 336-7235 FAX: (970) 352-0242 1150 'O' STREET GREELEY, COLORADO 80632 CO Writer's Ext.: 4395 COLORADO April 6, 2012 Wesley LaVanchy Firestone Town Manager 151 Grant Ave. Firestone, CO 80520 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. LaVanchy: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that the Town of Firestone includes property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated "Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board; Pat Persichino, Dir. Weld County Dept. of Public Works WELD COUNTY ATTORNEY'S OFFICE rs Le.% PHONE: (970) 336-7235 FAX: (970) 352-0242 ' 1150 '0' STREET CGREELEY, COLORADO 80632 O Writer's Ext.: 4395 COLORADO• April 6, 2012 Sam Light Firestone Town Attorney 151 Grant Ave. Firestone, CO 80520 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. Light: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that the Town of Firestone includes property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated"Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, Sci5CA Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board; Pat Persichino, Dir. Weld County Dept. of Public Works 110TheLit, WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 336-7235 FAX: (970) 352-0242 ' 1150 'O' STREET CGREELEY, COLORADO 80632 O Writer's Ext.: 4395 COLORADO April 6, 2012 Rodney Herring Top Operating Co. 10881 W. Asbury Ave., Ste. 230 Lakewood, CO 80227 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. Herring: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated"Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board; Pat Persichino, Dir. Weld County Dept. of Public Works irtHe‘p WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 336-7235 FAX: (970) 352-0242 1150 'O' STREET IGREELEY, COLORADO 80632 CWriter's Ext.: 4395 COLORADO April 6, 2012 Donna L. Coble Union Reservoir P.O. Box 445 Greeley, CO 80632 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Ms. Coble: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated"Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board Pat Persichino, Dir. Weld County Dept. of Public Works Pfalit41a WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 336-7235 FAX: (970) 352-0242 1150 'O' STREET GREELEY, COLORADO 80632 C Writer's Ext.: 4395 COLORADO April 6, 2012 Union North LLC c/o Lifebridge Christian Church 10345 Ute Hwy Longmont, CO 880504 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 To Whom It May Concern: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated"Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at(970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, ?ate Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board Pat Persichino, Dir. Weld County Dept. of Public Works d WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 336-7235 FAX: (970) 352-0242 ID 1150 'O' STREET CIGREELEY, COLORADO 80632 O Writer's Ext.: 4395 COLORADO April 6, 2012 Kevin King,Administrator Lifebridge Christian Church 10345 Ute Hwy Longmont, CO 880504 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. King: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated"Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, EWCA, Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board Pat Persichino, Dir. Weld County Dept. of Public Works d WELD COUNTY ATTORNEY'S OFFICE re PHONE: (970) 336-7235 FAX: (970) 352-0242 I1150 'O' STREET CGREELEY, COLORADO 80632 O Writer's Ext.: 4395 COLORADO April 6, 2012 Kenneth T. Lawson 8134 N. 81 St. Longmont, CO 80503 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. Lawson: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated"Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012,at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely g Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board Pat Persichino, Dir. Weld County Dept. of Public Works 0 WELD COUNTY ATTORNEY'S OFFICE PHONE: (970) 336-7235 FAX: (970) 352-0242 ' 1150 'O' STREET CGREELEY, COLORADO 80632 O Writer's Ext.: 4395 COLORADO April 6, 2012 Craig A. Lindberg 4942 Saint Andrews St. Loveland, CO 80537 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. Lindberg: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated "Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, C'( T Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board Pat Persichino, Dir. Weld County Dept. of Public Works 0 WELD COUNTY ATTORNEY'S OFFICE KitPHONE: (970) 336-7235 FAX: (970) 352-0242 1 1150 `O' STREET wi GREELEY, COLORADO 80632 Writer's Ext.: 4395 COLORADO April 6, 2012 Chris A. Cain 1324 Hwy 66 Longmont, CO 80504 Re: Request by the City of Longmont, Colorado, to Approve Petition to Annex a Portion of WCR 26 Dear Mr. Cain: The City of Longmont, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve a Petition for the Annexation of a portion of Weld County Road ("WCR") 26. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation will result in the annexation of a portion of WCR 26 beginning at the intersection of WCR 26 and the Great Western Railroad track, and extending east approximately 4140 feet to the Longmont Reservoir. The annexed area is depicted on the enclosed map and described on the attachment designated"Legal Description". The Board of County Commissioners of Weld County will consider the City's request at its regular meeting on Wednesday, April 18, 2012, at 9:00 a.m. The Board's meeting will be held in the Meeting Room of the Weld County Administration Building located at 1150 "O" Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the annexation request if you so desire. Please feel free to call me at (970) 356-4000, ext. 4393, or Bruce Barker, Weld County Attorney, if you have any questions regarding this annexation request of the City of Longmont. Sincerely, Bob Choate, Assistant Weld County Attorney pc: Clerk to the Board Pat Persichino, Dir. Weld County Dept. of Public Works ce TO: Board of County Commissioners FROM: Bob Choate, Assistant Weld County Attorney Willi DATE: July 24, 2012 C SUBJECT: Petition for Annexation of WCR 26 to City of Longmont COLORADO Commissioners, On your agenda tomorrow (07/25/12) is the hearing regarding the potential petition for annexation of WCR 26 into the City of Longmont. The hearing was continued from April to allow the City of Longmont to address opposition by interested landowners, notably Top Operating Co. Dale Bruns of Top Operating Co. has indicated that he and the City of Longmont have entered into two contractual agreements to settle their dispute: a land purchase agreement in which the City of Longmont purchases Top Operating Co.'s property alongside WCR 26; and an operator's agreement to allow Top Operating Co. to access their mineral rights underneath the reservoir from other drill sites. The land purchase must be completed within 90 days, and was just executed last week. Both Dale Bruns and Brad Schol, Planning Manager for the City of Longmont, have indicated that the agreement settles any prior dispute related to the road annexation. Because of the agreements, Top Operating Co. no longer has any objection to the annexation. Brad Schol will be available tomorrow to answer any questions you may have. Further, the City of Longmont expects to receive litigation from the Oil and Gas Commission in relation to their new local oil and gas regulations that take effect at the end of this month. Also there is a ballot initiative in the City of Longmont to ban fracking, which if passed would also likely be challenged in court. Because of these things, the City of Longmont will be requesting that the matter be continued to November. 1 recommend the Board grant this request. Esther Gesick From: Bob Choate Sent: Friday, April 13, 2012 3:03 PM To: CTB Subject: BOCC Agenda: WCR 26 Hearing Wed. 4/18/12 Attachments: Union North Annexation Response Ltr.pdf Hello all, Here is the most recent communication I've received for the Board's hearing next Wednesday. Thanks, Bob Choate Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4393 Fax: 970-352-0242 Email: bchoate(@co.weld.co.us STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. 1 April 12, 2012 Mr. Bob Choate Assistant Weld County Attorney Weld County Attorney's Office 11595 O Street Greeley, CO 80632 Dear Mr. Choate: I am writing on behalf of Union North, LLC to comment on the proposed City of Longmont Annexation of WCR 26 from the intersection of WCR 26 and the Great Western Railroad ROW west to Union Reservoir. This portion of WCR 26 was part of a dispute between the City Of Longmont and the Town of Firestone. As part of a negotiated settlement, Longmont and Firestone entered into an Intergovernmental Agreement (IGA). The IGA contains specific language regarding this portion of WCR 26 as follows: "4.6 Firestone agrees to de-annex the portion of Weld County Road 26 from its current Westernmost limit near Union Reservoir to the east edge of the Great Western Railroad right-of-way near the intersection with Weld County Road 5, as generally shown on Exhibit B. Subsequent to that action by Firestone, Longmont agrees to promptly annex the same. Longmont agrees that Firestone shall be granted reasonable public street accesses to such portion of Weld County Road 26, with intersections spaced in accordance with the then current City of Longmont standards and specifications, andLongmont agrees this commitment by it shall survive any termination or expiration of thisAgreement." In addition the March 27, 2012 Longmont City Council Communication specifically references the intent of the WCR 26 Annexation Agreement as follows: "1. The City would not impose any new weight restrictions on the road unless future engineering studies would warrant such restriction. 2. The City would not limit the access of agricultural equipment to the road. 3. Current access to the road shall continue and the intent of the annexation would not be to restrict access to the road in the future from private property. Future development from adjacent properties is likely to change as time goes on and in the event of any access change to WCR 26, Longmont would involve the appropriate private property owners, Weld County and Firestone." The Annexation Agreement as presented in the March 27th Longmont City Council Communication is not consistent with the intent as set forth in the communication or the IGA. RESOURCE CONSERVATION PARTNERS,LLC p.o.box 1522 Longmont Colorado 80502 tel 303.532.2262 fax 303.702.0585 Mr. Bob Choate April 12, 2012 Page 2 of 2 The language in the Agreement as resented is as follows: " 2. Conditions Applicable to Annexations. It is expressly understood by the City that certain requirements are being imposed by Annexor as a condition precedent to the City's annexation of the Real Property. These conditions, to which City agrees in total, are as follows, which shall apply from and after the date of annexation of the Real Property: (a) City shall not impose any new weight limitationon the roads and bridges applicable to vehicles using the Real Property, other than those imposed under applicable State law, unless future engineering inspections of a road or bridge requires such restriction: (b) Except in case of emergency or for construction purposes, no attempt shall be made by the City to limit vehicular access or use the Real Property so as exclude farm or agricultural vehicles and equipment. (c) Current ingress and egress to the Real Property for current uses shall continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access." We request that the language in the Annexation Agreement be consistent with the language in the IGA and specifically, be revised to address current and future access to WCR 26 from the adjacent Real Properties. I have attached a copy of the Intergovernmental Agreement and the March 27, 2012 Longmont City Council Packet. Contact me if you need any additional information. Thank you for your assistance. Sincerely, Resource Conservation Partners, LLC jPar. Barbara Brunk Manager a LONG CITY COUNCIL COMMUNICATION U bb ••--J to c0LoB ao MEETING DATE: March 27, 2012 ITEM NUMBER: 9A TYPE OF ITEM: Consent R-2012-17 PRESENTED BY: Brad Schol, Planning Manager, (303) 651-8319, brad.schol@ci.longmont.co.us Ava Pecherzewski, Senior Planner, (303) 651-8735 ava.pecherzewski@ci.longmont.co.us Brad Power, Economic Developmente Director(303) 651-8481 brad.power@ci.longmont.co.us SUBJECT/AGENDA TITLE: A Resolution of the Longmont City Council Authorizing the Mayor to sign an annexation agreement for the annexation of Weld County Road 26 near Union Reservoir EXECUTIVE SUMMARY: As a condition of approving Longmont's request to annex a portion of Weld County Road 26(WCR 26), Weld County has requested that Longmont and Weld County enter into an annexation agreement to assure the road will be properly maintained in the future and that the City will not unreasonably deny access to the road from adjacent property owners. COUNCIL OPTIONS: 1. Approve the Resolution authorizing the Mayor to sign the attached annexation agreement as presented. 2. Approve the resolution and annexation agreement with modifications, if necessary. 3. Do not approve the resolution and do not proceed with the annexation of WCR 26. RECOMMENDED OPTIONS: Approve and authorize the Mayor to sign the annexation agreement, allowing the annexation process to move forward. FISCAL IMPACT & FUND SOURCE FOR RECOMMENDED ACTION: There will be some additional fiscal impact to the City associated with the maintenance of this portion of roadway which is slightly longer than V4 mile. Since the deannexation of this segment of roadway by Firestone late in 2011, the City has already assumed the maintenance this road. BACKGROUND AND ISSUE ANALYSIS: As a part of the IGA with Firestone which resolved a number of issues regarding annexation and boundary management, the two parties agreed that Firestone would deannex a section of WCR26 and the same roadway portion would be reannexed by Longmont. Longmont's desire for annexation and jurisdiction of this section of WCR 26 is based on several reasons; a majority of the land adjacent to the road is already annexed to Longmont. As Longmont begins undertaking the enlargement of Union Reservoir in the future, it's important that jurisdiction over these roadway designs. Weld County and Firestone and adjacent property owners would also be 114 involved in that process. Redesigning WCR 26 to accommodate the reservoir expansion is likely to interact with the Union Reservoir Recreation Master Plan. Having the road in Longmont's jurisdiction will permit and integrated design process to meet the needs of both the reservoir expansion as well as implementing the Union recreation plan. As noted in the executive summary,part of the process of annexing right of way only requires the consent and signature of an annexation petition to Longmont. That petition has been submitted to Weld County. Weld County's approval process for the annexation of rights of way involve the notification of property owners along the part of the road to be annexed. Another part of the Weld County approval of the roadway annexation is to enter into an annexation agreement with the municipality involved. The annexation agreement has three main provisions which the City agrees to if the resolution is approved: 1. The City would not impose any new weight restrictions on the road unless future engineering studies would warrant such restriction. 2. The City would not limit the access of agricultural equipment to the road. 3. Current access to the road shall continue and the intent of the annexation would not be to restrict access to the road in the future from private property. Future development from adjacent properties is likely to change as time goes on and in the event of any access change to WCR 26,Longmont would involve the appropriate private property owners, Weld County and Firestone. ATTACHMENTS: 1. Resolution 2. Annexation Agreement between the City of Longmont and Weld County 3. Vicinity Map 115 1 RESOLUTION R-2012-17 2 A RESOLUTION OF THE LONGMONT CITY COUNCIL APPROVING THE 3 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY 4 AND WELD COUNTY REGARDING ANNEXATION OF WELD COUNTY ROAD 26 5 6 THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, RESOLVES: 7 Section 1 8 Under § 13.7 of the Longmont Home Rule Charter, the Council approves and authorizes 9 the Mayor to sign the intergovernmental agreement referenced in the title of this resolution in 10 substantially the form now before the Council. 11 Section 2 12 The Council repeals all resolutions or parts of resolutions in conflict with this resolution, 13 but only to the extent of such inconsistency. 14 Passed and adopted this day of , 2012. 15 16 17 MAYOR 18 19 ATTEST: 20 21 22 23 CITY CLERK 24 25 APPROVED AS TO FORM: 26 27 28 DEPUTY CITY ATTORNEY DATE 29 30 31 32 PROOFREAD DATE 116 LROURKFWPDOCSTP nningunnCIagrte\Weld Cry Rd 26 aa.doc 1 APPROVED AS TO FORM AND SUBSTANCE: 2 3 4 5 ORIGINATING DEPARTMENT DATE 6 7 C.A.File: 8740 117 2 L:VtOURKEWPDOCS`PWnhg'anr1lagree Wild Cry Rd 26 r¢fJ.doc ANNEXATION AGREEMENT This ANNEXATION AGREEMENT is made and executed this day of , 2012, by and between the COUNTY OF WELD, COLORADO, (hereinafter referred to as "Annexor") and the CITY OF LONGMONT, COLORADO (hereinafter referred to as the"City"), for the annexation of portions of Weld County Road 26. WITNESSETH: WHEREAS, Annexor is the governmental entity which owns and controls certain real property which is part of Weld County Road 26, located adjacent to the City and more particularly described in Exhibit A, which is attached hereto and incorporated by reference, and WHEREAS, Annexor has been requested to file petitions with the City for the purpose of annexing to the boundaries of the City the real property described in Exhibit A (hereinafter referred to as "the Real Property"), and WHEREAS, Annexor desires to impose upon the City certain conditions relating to the proposed annexations and to the effectiveness of the referenced petitions, and WHEREAS, the City has reviewed and approved the conditions requested by Annexor and desires to make the proposed annexations subject to the conditions set forth hereinafter. NOW THEREFORE, in consideration of the foregoing promises 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. Submission of Annexation Petitions: Annexor has submitted to the City for its consideration certain annexation petitions for the annexation of the Real Property, with said petition being incorporated herein by reference (hereinafter the "Annexation Petition"). The Annexation Petition has been submitted on the express condition that it will be approved by the City and the Real Property described shall be annexed to the City pursuant to the conditions set forth in Paragraph 2, hereunder. 2. Conditions Applicable to Annexations. It is expressly understood by the City that certain requirements are being imposed by Annexor as a condition precedent to the City's annexation of the Real Property. These conditions, to which City agrees in total, are as follows, which shall apply from and after the date of annexation of the Real Property: (a) City shall not impose any new weight limitation on the roads and bridges applicable to vehicles using the Real Property, other than those imposed under applicable State law, unless future engineering inspections of a road or bridge requires such restriction; 118 (b) Except in case of emergency or for construction purposes, no attempt shall be made by the City to limit vehicular access or use the Real Property so as exclude farm or agricultural vehicles and equipment. (c) Current ingress and egress to the Real Property for current uses shall continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. 3. Weld County Road Maintenance Records. The Weld County Department of Public Works shall provide City with copies of its maintenance records and recommend schedules for all roads and bridges subject to this Annexation Agreement. 4. The Annexor hereby waives the production and provision of an annexation impact report for the annexed Real Property as provide in C.R.S. Section 31-12-108.5(1); and, the mailing of a copy of the petitions for annexation and/or resolutions related to the initiation of the annexation to the Weld County Board of County Commissioners and/or the Weld County Attorney as may be required in C.R.S. Section 31-12-108(2). 5. 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. 6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. 7. 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. 8. 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. 9. 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 119 provision, to the extent this agreement is then capable of execution within the original intent of the parties. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement the day and year first above written. ANNEXOR: A I IEST: COUNTY OF WELD, a political subdivision of the Clerk to the Board STATE OF COLORADO By: By: Deputy Clerk to the Board Sean Conway, Chairman Board of County Commissioners County of Weld CITY: A I IEST: CITY OF LONGMONT, a municipal corporation of the STATE OF COLORADO By: By: City Clerk Mayor APPROVED AS TO FORM: DEPUTY CITY ATTORNEY DATE 120 BLANK PAGE 121 mE.,,,..;„i!...,,,,,....„,,,-„,3,:),,,,,,• ,,--,?z,..-,, ` , ". air CITY LIMITS y ,w.ti.,� arr a + y k 1 M �.KT r ' i4] M i ? 'ms l-f • ' tS vr. N ■ 4 • y 8` k,S 1 �� • , # .r WCR#26 to be Annexed � � 5 ' ;� by Longmont. • -', UNION RE§ • \\ ------w7 t '� . • jr• �• a°� 0. a m ��f �Jt�4� �;a 5 ,k y di l r#Y;'T 'R '.':.A'ii;:" r 6 �4.,'�(�+Ct b ' 'y ' f, dh".P10; ice: y sd" F s �i.r_ r4 7 W F r - , H. �•• l� ,r..T Ja ,�- �lla't EXISTING FIRESTONE TOWN LIMITS ��=w `� I V � o�� YJ YI*- �F { .iqyt t3 r j -UV"' t� ,,i L', ? a { s z! : -=.0 r+ s ; • 7 r4.'-qc- 1 -: --}..:,,, . ...,fi n i u. tea"'3tti-�..'�.. ' ��Sr 14 • 4 i- ,r j '',* r #�' rk �s �1 r isF`�.. r:. �+ " max.< a, tai :. ". C?, ?3F,".S " .gay a..._ ��„ fii"' •,, . , }.µ5i'.:... : .„.,,,.. _ .+# �. - �` ",,.., .- ,,„,,,,...,„.. A4.,- /C F ,,,.'''' '''''.; „.:k•,., ? .. 4 ...,...,,!,...r.:.!..7'7.� ii ' r =.t.,k, , - , .. .-, .... - • VICINITY MAP Longmont WCR 26 Annexation 122 I Date:01/31/2012 CITY COUNCIL COMMUNICATION4,01 ` ` a Second Reading: June 14, 2011 Item Number: 8H MEETING DATE: May 24, 2011 ITEM NUMBER: 9H TYPE OF ITEM: Consent O-2011-37 PRESENTED BY: Brad Schol, Planning Manager, 303-651-8319 Brad Power, Director of Economic Development, 303-651-8481 SUBJECT/AGENDA TITLE: Firestone and Longmont IGA EXECUTIVE SUMMARY: In mid 2010 the Town of Firestone and City of Longmont stated their intentions to begin work on an intergovernmental agreement (IGA) which would identify areas of mutual cooperation in the land area where the two entities share common interests. This area has been tentatively labeled the "Union — St Vrain Planning Area" as it generally falls between Union Reservoir and the St. Vrain River. The respective staffs have been working on IGA matters since late last year and the Firestone Town Board and Longmont City Council recently met to confirm this intent and review the proposed compoments of a Coordinated Planning Agreement. The document presented to the City Council represents the final work between Firestone and Longmont staff and captures all relevant matters where Firestone and Longmont agree on in the "Union — St Vrain Planning Area". Firestone is set to consider this IGA for adoption at their May 26th meeting. COUNCIL OPTIONS: 1. Approve the Ordinance adopting the IGA. 2. Amend the IGA, if necessary and approve it, subject to reconciling changes with Firestone. 3. Do not approve the IGA. RECOMMENDED OPTIONS: Option#1 is recomended FISCAL IMPACT & FUND SOURCE FOR RECOMMENDED ACTION: N/A BACKGROUND AND ISSUE ANALYSIS: The major highlights of the Coordinated Planning IGA between Firestone and Longmont include: • Purpose An IGA provides a framework for cooperation between Longmont and Firestone that facilitates the sharing of information related to land use and development activities as well as revisions to comprehensive/master plans. • Geography of the cooperative planning area Based on the respective corporate boundaries and planning areas of Firestone and Longmont, an area from; the alignment of Fairview St on the west, SH 66 on the north, alignment of WCR 7 on the east and WCR 20 on the south generally covers areas of mutual interest and is proposed as the area to be covered in the IGA. 195 • Cooperation on infrastructure matters o Fairview St to be constructed as a Longmont road but providing access to Firetone annexed property, o recognition of Union Reservoir expansion and realignment of WCR 26, o Firestone deannexing a portion of WCR 26 with Longmont reannexing and setting agreement with regard to WCR maintenance obligations. Reasonable access provided to each party along WCR 26 whether the road is in Firestone or Longmont, o Cooperation on routing of rights-of-way, streets and utilities which traverse each community, o Firestone joining the IGA group related to access management on SH 119, o A commitment to cooperate on common and consistent development standards regarding public improvments and services where community interface is present, • Annexation and Development Policies Firestone and Longmont agree to exchange information about annexations, comprehensive/master plan revisions and development applications. The intent of exchanging information in these areas provides each community the opportunity to determine if there are cooperative interests involved which can then be addressed. For example, Longmont will soon be undertaking a Master Plan for Union Reservoir and will provide information to and consult with Firestone about about the adjacency of each community's planned land uses. • Term of Agreement Intergovernmental agreements vary in their terms of existence. IGAs which involve cooperative planning have specific terms with provisions for either renewal, anemdment or termination. A five (5) year term is recommended for this agreement as both parties expect the Union — St. Vrain Planning Area to be subjected to future development pressures. A five (5) year renewal period allows Firestone and Longmont to update or modify the IGA as conditions evolve in this area. ATTACHMENTS: I.)Ordinance 2.)Firestone Longmont Coordinated Planning Agreement 3.) Exhibits A 4.)Exhibit B 196 1 ORDINANCE O-2011-37 2 A BILL FOR A CONDITIONAL ORDINANCE AMENDING SECTION 15.02.150 OF THE 3 LONGMONT MUNICIPAL CODE AUTHORIZING APPROVAL OF THE COORDINATED 4 DEVELOPMENT PLAN INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY 5 OF LONGMONT AND THE TOWN OF FIRESTONE 6 7 WHEREAS local governments are encouraged and authorized to cooperate or contract 8 with other units of government, pursuant to C.R.S. § 29-20-105, for the purpose of planning or 9 regulating the development of land; and 10 WHEREAS § 29-1-201, et sec, C.R.S., as amended, authorizes the City of Longmont and 11 the Town of Firestone to cooperate and contract with one another with respect to functions 12 lawfully authorized to each other, and the people of the State of Colorado have encouraged such 13 cooperation and contracting through the adoption of Colorado Constitution, Article XIV, § 18(2); 14 and 15 WHEREAS pursuant to C.R.S. § 31-23-202, and Article XX of the Colorado 16 Constitution, the City Council has adopted the Longmont Area Comprehensive Plan, which 17 provides goals and policies to plan for the orderly growth of the City of Longmont; and 18 WHEREAS the Coordinated Development Plan intergovernmental agreement will 19 promote the unique and individual character of the City of Longmont and the Town of Firestone; 20 and 21 WHEREAS this intergovernmental agreement is reasonably necessary to protect, enhance 22 and preserve the public health, safety and welfare of the City of Longmont's citizens. 197 L-:Roud a.W'PIXJC531anning\Firnlone'FirtctM IGA nN.Mc 05'192011 1 NOW, THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 2 ORDAINS: 3 Section 1 4 The Council amends § 15.02.150. of the Longmont Municipal Code, by adding a new 5 section to read as follows: 6 15.02.150 Intergovernmental agreements. 7 8 J. Intergovernmental Agreement between the City of Longmont and 9 the Town of Firestone. The city council consents to the Coordinated Development 10 Plan Intergovernmental Agreement between the City of Longmont and the Town I 1 of Firestone, and authorizes the Mayor to execute and deliver the same. The 12 intergovernmental agreement, including a map, is available for public inspection 13 in the office of the City Clerk and appears as Appendix E-10 to this code. 14 Section 2 15 The Council consents to approval of the Coordinated Planning Intergovernmental 16 Agreement, included as Attachment 1, subject to the approval by the Town of Firestone Board of 17 Trustees of the agreement. This ordinance shall become effective upon satisfaction of this 18 requirement, as certified by the Development Services Manager of the City of Longmont. 19 Section 3 20 To the extent only that they conflict with this ordinance, the Council repeals any 21 conflicting ordinances or parts of ordinances. The provisions of this ordinance are severable, and 22 invalidity of any part shall not affect the validity or effectiveness of the rest of this ordinance. 23 24 Introduced this day of , 2011. 25 26 Passed and adopted this_day of , 2011. _2 _ 198 L aourte,W WNAS,PIanninfFiminneFiresione IGA orddoc 05:192011 1 2 3 4 5 MAYOR 6 7 ATTEST: 8 9 10 11 CITY CLERK 12 13 14 NOTICE: THE COUNCIL WILL HOLD A PUBLIC HEARING ON THIS ORDINANCE AT 15 7:00 P.M. ON THE DAY OF , 2011, IN THE LONGMONT 16 COUNCIL CHAMBERS. 17 APPROVED AS TO FORM: 18 19 20 21 22 DEPUTY CITY ATTORNEY DATE 23 24 25 26 27 PROOF READ DATE 28 29 30 31 APPROVED AS TO FORM AND SUBSTANCE: 32 33 34 35 36 ORIGINATING DEPARTMENT DATE 37 38 CaFile'.A517 39 3 _ 199 LSnu,te WPDOCS P,nning\FimtnneFne%tune IOA nrdarc.05:192011 1 ATTACHMENT 1 2 3 Coordinated Planning Agreement 4 Between The Town Of Firestone and The City Of Longmont 5 -4. 200 L:&nurke4PIXKS PhnningFirt tOrsatre.mne IGA ord.doc 05'149➢I Coordinated Planning Agreement Between The Town Of Firestone and The City Of Longmont This agreement ("Agreement") is made and entered into this day of , 2011 by and between the Town of Firestone ("Firestone"), a municipal corporation in the State of Colorado, and the City of Longmont ("Longmont"), a municipal corporation in the State of Colorado. Firestone and Longmont, when referring to both, are also referred to herein as the "Parties"or"Municipalities." Either Party hereto may also be referred to separately as a "Municipality" or"Party." 1.0 Recitals 1.1 Whereas, units of local government are authorized by Article 14, Section 18 of the Colorado Constitution and C.R.S 29-1-203 to enter into intergovernmental agreements among themselves, and more specifically for the purpose of planning or regulating development of land by the Local Government Land Use Enabling Act, C.R.S. 29-20-105; and 1.2 Whereas, the corporate authorities of Firestone and Longmont have each adopted comprehensive/master plans; and 1.3 Whereas, the incorporated boundaries of Firestone and Longmont are contiguous in several locations; and 1.4 Whereas, in other locations, certain unincorporated property lies between Firestone and Longmont; and 1.5 Whereas, Firestone and Longmont state their intentions to cooperate in responsible land use and growth management to address increased needs and demands for municipal services; and 1.6 Whereas, Firestone and Longmont recognize the benefit of intergovernmental cooperation and the need to provide for logical corporate boundaries and areas of municipal authority between their respective municipalities; and 1.7 Whereas, Firestone and Longmont recognize the desirability of establishing methods of cooperation between their respective municipalities in order to plan effectively and efficiently for the orderly growth and potential development between their municipalities; and 1.8 Whereas, it is the intent of both Parties that by entering into this Agreement, cooperation will be promoted between the municipalities as it may relate to exchanging information regarding land use and development activities within their respective jurisdictional limits or revisions to their respective comprehensive/master plans; Now therefore, in consideration of the recitals herein it is hereby mutually agreed by and between Firestone and Longmont as follows: 1 201 2.0 Union -St. Vrain Planning Area The area of interest where Firestone and Longmont have contiguous boundaries and unincorporated areas between the municipalities falls generally between Union Reservoir and the St. Vrain River in Weld County, Colorado. This mutual planning area shall herein be referred to as the "Union —St. Vrain Planning Area" or"Area". The Union — St. Vrain Planning Area falls entirely or partially within each municipality's comprehensive/master planning areas and is depicted on the map labeled Exhibit A. The scope of this Agreement is limited to the Union — St. Vrain Planning Area as depicted on the map labeled Exhibit A. 3.0 Annexation Policy Relative to the Union - St. Vrain Planning Area If either Party undertakes annexation in the Union — St. Vrain Planning Area, a notice shall be sent to the other Municipality within 15 days of receipt of a substantially complete annexation petition which conforms to Colorado State Statutes relative to annexation. This requirement may be satisfied by sending to the other Municipality a copy of the petition, as received. Notice shall also be provided to the other Municipality as required by C.R.S. 31-12-108 (2) regarding setting a public hearing for the annexation's conformance to statutory requirements. The respective Parties may comment on each other's annexation plans and activities according to the public hearing process for annexations. The comments of the respective Municipalities may be to support, oppose or to make comments regarding development plans with regard to the specifics of the property and what services may need to be provided. The comments from the Party receiving notice of annexation shall be made part of the record of the annexation hearing. The comments by either Party shall be given serious consideration, but are not binding. In addition, failure to comply with the notice requirements of this section of the Agreement shall not be grounds to invalidate any annexation process of either Party, nor shall this Agreement confer any rights of review not provided for by C.R.S. 31-12-101 et seq. 4.0 Annexation Policy & Cooperative Matters Relative to Roads Should an annexation be proposed to either Municipality, the matter of annexing rights- of-way shall be an area where the Parties shall cooperate to strive for a logical and rational plan for right-of-way management and maintenance. This provision is not intended to limit either Party's authority to annex rights-of-way for annexation contiguity purposes or for compliance with C.R.S. 31-12-105 (1)(f), or to otherwise annex right-of- way in accordance with C.R.S. 31-12-101 et seq. 4.1 Longmont supports the addition of Firestone to the parties of an intergovernmental agreement with regard to access management along SH 119 from Weld County Road 1 (County Line Road) to Weld County Road 5.5. 4.2 Longmont and Firestone shall participate in an update of the June 2007 transportation analysis titled "Weld County/Longmont/Mead Subarea Analysis." The goal of the update shall be to better assess primary roadway capacity needs based on current land planning information. 4.3 Firestone acknowledges that Longmont has plans and permits allowing for the expansion of Union Reservoir that includes the relocation of Weld County Road 26 as a component of the expansion. Firestone and Longmont agree to cooperate on a'road alignment and design necessary to accommodate the reservoir expansion and other 2 202 land uses adjacent to the roadway alignment. 4.4 Longmont and Firestone agree to cooperate to establish coordinated maintenance standards and responsibilities for Road 26 between County Line Road and Weld County Road 5. 4.5 Longmont and Firestone shall establish joint development standards, funding requirements and final design of Fairview Street from SH 119 to its intersection with Weld County Road 26. The Parties agree that Fairview Street shall be a Longmont street and will cooperate in securing the necessary right-of-way and having it annexed by Longmont; however, nothing in this Agreement requires the use of eminent domain by either Party or that either Party acquire right-of-way in the other Party's jurisdiction. Longmont agrees that Firestone shall be granted reasonable public street accesses on Fairview Street, with intersections spaced in accordance with the then current City of Longmont standards and specifications, and Longmont agrees this commitment by it shall survive any termination or expiration of this Agreement. 4.6 Firestone agrees to de-annex the portion of Weld County Road 26 from its current westernmost limit near Union Reservoir to the east edge of the Great Western Railroad right-of-way near the intersection with Weld County Road 5, as generally shown on Exhibit B. Subsequent to that action by Firestone, Longmont agrees to promptly annex the same. Longmont agrees that Firestone shall be granted reasonable public street accesses to such portion of Weld County Road 26, with intersections spaced in accordance with the then current City of Longmont standards and specifications, and Longmont agrees this commitment by it shall survive any termination or expiration of this Agreement. 4.7 The Parties may amend this Agreement or enter into further intergovernmental agreements, if necessary to implement road annexation, road improvement, or road maintenance objectives shared between the Parties. 5.0 Sewer Service Boundaries The Parties intend to cooperate with respect to Section 208 Water Quality Plan sewer service boundaries in accordance with this Agreement. 6.0 Minimum Development Standards The Parties agree that at a minimum they will require, to the extent allowed by law, that development within their jurisdictional boundaries comply with the applicable portions of their respective municipal codes relating to storm water drainage and detention, soil erosion and sedimentation control, stream and wetlands protection, floodplain regulations, and other public improvement standards such as those dealing with landscaping and parks. The foregoing shall not be construed to prohibit the processing of requests for variances, waivers or modifications to such codes, consistent with the applicable standards and procedures. Where necessary, both parties agree to cooperate to reconcile applicable standards and best management practices for Federal NPDES and other related requirements where conditions may warrant in, along or near the Union —St. Vrain Planning Area. 7.0 Joint Impacts and Infrastructure Matters The Parties will jointly plan future road improvements for arterial roads and rights-of-way 3 203 that traverse or parallel both municipalities, insofar as they have the jurisdiction so to do so. The Parties intend to cooperate in planning and constructing linked bicycle/pedestrian trails between the municipalities and to connect with regional bicycle/pedestrian trail systems. Where appropriate, the parties may jointly undertake grant applications or improvements for bicycle/pedestrian trails or related projects. Firestone and Longmont agree to cooperate with each other to the extent possible (and with respective special districts) in planning for construction for future utilities, including but not limited to water and sewer lines, which are reasonably necessary to serve future development within their own borders and which are to be located in public rights-of-way or utility easements. Language in this section does not obligate either Party to construct specific capital or public improvements, to appropriate funds, or to acquire or dedicate rights-of—way or easements. 8.0 Notice of Development Proposals and Comprehensive/Master Plan Revisions The Parties agree to furnish to each other notice of all formal petitions and/or applications for and proceedings regarding the annexing, zoning, or subdividing of any parcel of land located within the Union - St. Vrain Planning Area established by this Agreement. Failure to furnish notice under this section shall not be grounds to invalidate any annexation, zoning, or subdivision process of either Party. 9.0 Statutory Rights Preserved This Agreement shall not be construed so as to limit or adversely affect the right of either municipality to file a statutory objection to any proposed annexation, zoning, or subdivision or to limit or adversely affect any other extraterritorial right granted to them by Colorado law. 10.0 Effect on Other Parties or Boundary Agreements This Agreement is intended to describe rights and responsibilities only between the Parties. It is not intended to and shall not be deemed to confer rights to any persons or entities not named as parties hereto. Nothing contained in this Agreement shall be used or construed to affect, support, bind, or invalidate the boundary claims of either Party insofar as they shall affect any municipality not a party to this Agreement. Nothing contained in this Agreement shall be construed to require Firestone or Longmont to annex any property or to provide any services to any land. Nothing contained in this Agreement shall be construed to entitle any Party, or any person, firm, partnership, or corporation claiming protection under or by virtue of the existence of this Agreement, to a judgment for monetary damages against either Party for violation of the terms of this Agreement. Each Party expressly waives any right to claim against the other Party any damages for any breach or violation of this Agreement. 11.0 Agreement Amendments and Enforcement This Agreement may be amended only by a mutual written agreement approved by the respective corporate authorities of both Parties. The provisions of this Agreement may be enforced by either Party against the other in any court of competent jurisdiction by means of either injunction or specific performance. 12.0 Severabllity If any provision of this Agreement shall be declared invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such 4 204 invalidation shall not affect any other provision of this Agreement which can be given effect without the invalid provision (except that if a requirement or limitation in such provision is declared invalid as to one Party, any corresponding requirement or limitation shall be deemed invalid as to the other Party), and to this end, the provision of this Agreement are to be severable. 13.0 Term of Agreement This Agreement shall be valid and binding and in full force and effect from the date of execution by both Parties for a five (5) year term. It may be extended for successive five-year periods through mutual written agreement approved by the respective corporate authorities of both Parties. 14.0 Governing Law; Legal Challenges This Agreement shall be construed in accordance with the laws of the State of Colorado. Each Party shall be responsible for defending itself, its officers, and its employees in any suit brought against it by any person not party hereto claiming injury as a result of this Agreement or its performance. The Parties may cooperate in the defense of any such suit that is brought against both Parties. 15.0 Notices Notices shall be provided to the respective Party by first-class mail, postage prepaid as follows: Town of Firestone City of Longmont Attn: Town Manager Attn: City Manager P.O. Box 100 Civic Center Complex 151 Grant Avenue 350 Kimbark St Firestone, CO 80520 Longmont, CO 80501 16.0 Recording and Availability of Agreement After mutual execution of this Agreement, Firestone shall record a certified copy of this Agreement with the Weld County Clerk & Recorder's Office. Longmont shall record a certified copy of this Agreement with the Boulder County Clerk and Recorder's Office. Each Party shall make available for public inspection, copies of this Agreement in their respective offices as provided by statute. IN WITNESS WHEREOF, the above Parties hereto have caused this Agreement to be executed the day and year first above written. City of Longmont Town of Firestone Bryan Baum, Mayor Chad Auer, Mayor Attest: Valeria L. Skill Attest: Judy Hegwood City Clerk, City of Longmont Town Clerk, Town of Firestone 5 205 BLANK PAGE 206 Exhibit A: Union - St. Vrain Planning Area � _ •.l i-.7.1-_-\. , 4 t U 1Q r—- - • Y , _ a H br o; t ter. 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[� yjp w z �1' . t .,.+X.T $1;'" „,-,,,,,,*'04' '*_Y, :�.,'�� , , --..\,..: `} i s 3 O 6 .,..,.:-.0., +� T "'./ c ,dS .�' � � f yam' Wit' X ,..--,,,.."--7-"-- l''''',-;;--- _______ .—i--�+.-�' 1 7 ..: ......y...... yy.. • j EXISTING FIRESTONE TOWN LIMITS ,Y, r 4 . t SH119 .a i 4 . „ 1 • I ; j I 4 tom' EXHIBIT B Firestone Longmont IGA, 2011 208 Date:5/1612011 Hello