HomeMy WebLinkAbout20090638.tiffRESOLUTION
RE: APPROVE PETITION AND AGREEMENT FOR ANNEXATION OF A PORTION OF
COUNTY ROAD 11 (ENCLAVE ANNEXATION AND REZONE #4) AND AUTHORIZE
CHAIR TO SIGN - TOWN OF FREDERICK
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 February 18, 2009, the Board was presented with a Petition and Agreement
for the Annexation of a Portion of County Road 11 (Enclave Annexation and Rezone #4) from the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, to the Town of Frederick, Colorado, and
WHEREAS, at said hearing, at the request of the Town of Frederick, the Board deemed it
advisable to continue the matter to March 11, 2009, at 9:00 a.m., to allow the Town of Frederick
additional time to review the bridge maintenance reports, and
WHEREAS, at said hearing on March 11, 2009, the Board reviewed the Petition and
Annexation Agreement with the Town of Frederick, which addresses the annexation of this section
of road, and finds the same to be acceptable and appropriate, and
WHEREAS, after review, the Board deems it advisable to approve said petition and said
agreement, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Petition for the Annexation of a Portion of County Road 11 (Enclave
Annexation and Rezone #4) from the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, to the Town of Frederick, Colorado, be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that said Annexation Agreement with the Town
of Frederick, for the annexation of said portion of roadway be, and hereby is, approved, and the
Chair is authorized to sign said petition and agreement.
2009-0638
(o PLC', Pt
EG0060
03/(2109
PETITION AND AGREEMENT FOR ANNEXATION OF A PORTION OF COUNTY ROAD 11
(ENCLAVE ANNEXATION AND REZONE #4) - TOWN OF FREDERICK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of March, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD OUIMT'4, COLORADO
ATTEST:
Weld County Clerk to
EXCUSED
Douglas Rademacher, Pro-Tem
BY:
Deputy Clerk to the B
Sean P. Conway
L-/
APPR
76rity Attorney
RM:
David E. Long
Date of signature. 11/ 73
2009-0638
EG0060
TOWN OF FREDERICK
401 LOCUST STREET • P.O. BOX 435
FREDERICK, CO 80530-0435
PHONE: (303) 833-2388 • FAX: (303) 833-3817
WEBSITE: WWW.FREDERICKCO.GOV
Planning Department
December 17, 2008
Mr. Bruce T. Barker
Weld County Attorney,
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
Dear Bruce:
Thank you for returning my call regarding the Town of Frederick's desire to annex
miscellaneous portions of County right-of-way adjacent to the Town's current boundary. As I
mentioned, the Town of Frederick is interested in annexing eight different sections of right -of -
,way. In order to get the process started, I have compiled packets of information on each
annexation.
Each packet includes a.Town of Frederick Land Use Application, a petition for annexation, a
vicinity map, a list of property owners within 1000' feet as is required by our Land Use Code,
and finally, 5 copies of the annexation maps. The list of property owners within 1000' feet was
obtained from the Town's GIS program which uses the County parcel information as its base
data. Properties within the County's jurisdiction are highlighted in yellow. Each document in
the packet is available electronically. Should you wish to obtain the electronic version, please
don't hesitate to ask for it.
As I understand the process, you will present the information to the Board of County
Commissioners for their consideration of each request. When the requests are scheduled on
the Board's agenda, please share the date and time of the hearing with me. I plan on
attending the hearing. Assuming there are no objections to the request, I would ask that you
return the following portions of the packets: (1) the Land Use Application with the Chairman of
the Board of County Commissioners signature and date of signature; (2) the petition for
annexation with appropriate signatures, dates, and notary (pages 1, 4, 5, and 6); (3) and four
of the five copies of the annexation maps.
Each annexation application will be processed through the Town's annexation process in
accordance with the requirements of the Town of Frederick Land Use Code as well as the
Municipal Annexation Act of 1965. This will require notification of each property owner within
1000' feet to attend a neighborhood meeting prior to the application being formally submitted
to the Town, notification of the same people when the application is submitted, and a third
notification to the same people when the public hearings before Planning Commission and the
Board of Trustees are scheduled. Additionally, signs will be posted adjacent to the rights -of -
way and notice will be published in the newspaper when the public hearings are scheduled.
2009-02,4,3
The affected rights -of -way will be added to the Town's inventory of publicly owned right-of-way
for repair and maintenance. Zoning will be assigned at the time of annexation and is
designated on each annexation map. The Town requires that zoning designations extend from
the adjacent property to the centerline of each right-of-way.
The Town used a contract surveyor to prepare the annexation maps and associated legal
descriptions. The maps and legal descriptions will be attached to the final application and
petition as required by State Statute. The Town has paid all costs incurred in preparing the
documents and will continue to bear the costs of processing each application.
Thank you for assistance in this matter. If there is any additional information that you need,
please call me.
Regards,
7ennifer Simmons, AICP
Enclosures: Seven annexation packets
cc: ROW Annexation file
TOWN OF FREDERICK
PLANNING DEPARTMENT
401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435
PHONE: (303) 833-2388 • FAX: (303) 833-3817
LAND USE APPLICATION FORM
PROJECT NAME: Weld County Road 11 Enclave Annexation and Rezone #4
DATE SUBMITTED:
APPLICATION FEE: n/a
TYPE OF APPLICATION:
X Annexation, Zoning and Concept Plan
❑ Annexation Agreement Amendment
❑ Appeal of Administrative Decision
❑ Code Text/Comprehensive Plan amendment/
Planning Area Amendment
❑ Conditional Use Review
❑ Conditional Use Site Plan
❑ Final Development Plan
❑ Final Plat
❑ Metropolitan District
0 Minor Modification 0 Telecommunication Fadlity
0 Minor Subdivision Replat 0 Temporary Use
0 Oil and Gas Drilling O Vacation of ROW or Easement
0 Preliminary Development Plan 0 Valiance/Waiver
0 Preliminary Plat 0 Vesting Property Rights
0 Site Plan 0 Zoning Compliance Letter
❑ Sketch Plan ❑ Zoning Map Amendment
❑ Street Name Change 0 Written Interpretation
LI Subdivision Amendment 0 Other
PRE -APPLICATION MEETING WAS HELD WITH: JS DATE:
PROJECT INFORMATION: Annexation of ROW
Applicant's Name: Town of Frederick
Project Location: WCR 11
Address: 401 Locust St., Frederick, CO 80530
Existing Use: ROW
Proposed Use: ROW
Phone/Fax: 303.833.2388/303.833.3817
Existing Zoning: Weld County Agriculture
Relation to Property Owner: Same
Proposed Zoning: R-1
Is site within Frederick Planning Area?
X Yes a No
Legal Description of Property (location within section, section, township and range): See attached
TOTAL ACREAGE OF PROPERTY UNDER CONSIDERATION: 5.474 Acres
Number of Existing Residential Lots: 0
Number of Proposed Residential Lots: 0
Number of Existing Commercial Lots: 0
Number of Proposed Commercial Lots: 0
Number of Existing Industrial Lots: 0
Number of Proposed Industrial Lots: 0
ADDITIONAL CONTACTS:
Property Owner: Weld County
Consultant:
Address:915 Tenth St.
Greeley, CO 80632
Address:
Phone/Fax: 970.336.7204/970.352.0242
Phone/Fax:
Property Owner
Consultant:
Address:
Address:
Phone/Fax:
Phone/Fax:
1
LAND USE APPLICATION FORM (CONTINUED)
COMPREHENSIVE PLAN MAP DESIGNATIONS: Mixed Use Residential
LAND USE & PUBLIC FACILITIES
Land Use Designation(s): Arterial
Roadway
Public Facilities:
IMAGE AND DESIGN
Gateway: ❑ Yes o No
Important Connection: o Yes o No
UTILITY AND SPECIAL DISTRICTS
Water:
Sewer:
Fire Protection:
Other:
TRANSPORTATION
Street Connections:
PARKS, OPEN SPACE AND RECREATION
Proposed park and/or trail:
ENVIRONMENTAL ISSUES
Property in Floodplain: / o Yes ❑ No
Sensitive Wildlife
habitat area: ❑ Yes o No
TOWN PATTERN PLAN
Land Use Designation(s):
SUBSIDENCE AND OIL AND GAS
Subsidence area: o Yes o No
Oil and/or gas wells: o Yes o No
CERTIFICATION:
I certify that I am the lawful owner of the parcel(s) of land which this application concerns and consent to
this action.
Owner: Date: 03/11/2009
Chair, Weld County Commi loners , William F. Garcia
I certify that the information and exhibits I have submitted are true and correct to the best of my knowledge.
In filing this application I am acting with the knowledge and consent of the property owners. I understand
that all material
application pr sse
Applicant:
requi y the Town
/—�`f��
of Frederick must be submitted prior to having this
Date: �3I33�
Mayor, Town o Frederick
2
atev9-eaci7
Weld County Road 11 Annexation and Rezone #4
PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK
DATE: 03/11/2009
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO.
I, William F. Garcia , serving as Chair of the Weld County Board of
County Commissioners, on behalf of Weld County, in accordance with Colorado law,
hereby petition the Town of Frederick and its Board of Trustees for annexation to the
Town of Frederick 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.
As part of this petition, your petitioner further states to the Board of Trustees of
Frederick, Colorado, that:
1. It is desirable and necessary that the territory described in Exhibit A be
annexed to the Town of Frederick.
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 Town of Frederick or will be
contiguous with the Town of Frederick within such time as required
by 31-12-104.
b. A community of interest exists between the area proposed to be
annexed and the Town of Frederick.
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 Town of Frederick.
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
1
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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.
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 Town of Frederick
more than three miles in any direction from any point of the
boundary of the Town of Frederick in any one year.
J•
Prior to completion of the annexation of the territory proposed to
be annexed, the Town of Frederick will 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 Town of Frederick; and the proposed land uses for the area;
such plan to be updated at least once annually.
k. 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 Town of Frederick 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 is to be annexed to the Town of Frederick but is not bounded
on both sides by the Town of Frederick.
3. The owners of more than fifty percent 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.
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 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 Town of Frederick 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 Town of Frederick, except for general property
taxes of the Town of Frederick which shall become effective as the
January 1 next ensuing.
6. The zoning classifications requested for the area proposed to be annexed
are R-1. Residential Low Density.
3
WHEREFORE, the following petitioner respectfully requests that the Town of
Frederick, 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.
03/11/2009
Owner - William F Garcia Date
Chair, Board of County Commissioners, on behalf of Weld County
STATE OF COLORADO)
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 11th day
of March , 20 09 by William F. Garcia
My commission expires: 51-/D - ,O/O?
Witness My Hand eal.
PUB1.§G : 'a
OFc0tszsss
Mi COMIMSSNN €W Rt5. 00101701?
Landowner/Petitioner Mailing Address:
Liz tut 49eile4_i
Notary Public
Chair of the Weld County Board of Commissioners
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
4
ars9-(3131)
RECORD OF LAND OWNERSHIP AND DATED SIGNED
Please print
Landowner/Petitioner:
William F. Garcia, Chair
Weld County Board of Commissioners
Mailing Address: 915 10th Street, Greeley, Colorado 80631
Date: 03/11/2009
Legal Description of Land Owned:
See legal description in Exhibit A, attached hereto and
incorporated herein by this reference.
5
Evhl6� A
.
PROPERTY DESCRIPTION
Weld County Road 11 Enclave Annexation and Rezone No. 4
A parcel of land located in the East Half (E1/2) of Section Twenty -Six (26) and the West Half (W1/2) of
Section Twenty -Five (25), Township Two North (T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as
follows:
COMMENCING at the Northeast corner of said Section 26 and assuming the East line of the Northeast
Quarter (NEI/4) of said Section 26 as bearing South 00°29'49" East, being a grid bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2613.72 feet
with all bearings contained herein relative thereto.
THENCE South 00°29'49" East along the East line of the NE1/4 Section 26 said East line being
coincidental with the East line of the Grant Parcel 3 Annexation, Ordinance No. 280 recorded February 25,
1988 as Reception No. 2131991 of the Records of Weld County a distance of 30.00 feet to the South line of
the 1995 Road #18 Annexation recorded October 19, 1995 as Reception No. 2460180 of the Records of
Weld County and to the POINT OF BEGINNING;
THENCE North 89°44'29" East along the South line of said 1995 Road #18 Annexation a distance of 50.00
feet;
THENCE South 00°29'49" East along a line parallel with and 50.00 feet Easterly of, as measured at a right
angle to the East line of NEI/4 of said Section 26 a distance of 2584.20 feet to the South line of the
Northwest Quarter (NV/I/4) of Section 25;
THENCE North 89°42'23" West along the South line of said NW 1/4 of Section 25 a distance of 20.00 feet;
THENCE South 00°08'35" West along a line parallel with and 30.00 feet Easterly of, as measured at a right
angle to the East line of the Southeast Quarter (SEI/4) of Section 26 a distance of 2681.90 feet to the North
line of the Dacono Investment Co. Annexation recorded May I1, 1990 as Reception No. 2213521 of the
Records of Weld County;
THENCE South 89°51'39" West along the North line of said Dacono Investment Co. Annexation, said
North line being parallel with and 30.00 feet Northerly of as measured at a right angle to the South line of
the Southwest Quarter (SW I/4) of Section 25 a distance of 30.00 feet to the West line of the S W I/4 of said
Section 25;
THENCE South 89°36'2 I" West along a line parallel with and 30.00 feet Northerly of, as measured at a
right angle to the South line of the SEI/4 of Section 26 a distance of 30.00 feet to the East line of the
Westervelt Annexation recorded September 21, 1995 as Reception No. 2456442 of the Records of Weld
County;
THENCE North 00°08'35" East along a line parallel with and 30.00 feet Westerly of, as measured at a right
angle to the East line of the SE1/4 of said Section 26, a portion of aforesaid line being coincidental with the
Easterly line of said Westervelt Annexation a distance of 2681.85 feet to the South line of the NE1/4 of
said Section 26 and to the South line of said Grant Parcel 3 Annexation;
THENCE North 89°05'16" East along the South line of said Grant Parcel 3 Annexation a distance of 30.01
feet to the East Quarter Corner of Section 26;
THENCE North 00°29'49" West along the East line of the NE1/4 of said Section 26, said East line being
coincidental with the East line of said Grant Parcel 3 Annexation a distance of 2583.72 feet to the POINT
OF BEGINNING.
Said described parcel of land contains a total of 290,118 sq. ft or 6.660 acres, more or less and is subject to
any existing easements and rights of way of record or as now existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby stale that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
Steven A. Lund —on behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor #34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
C:\Dacumeets and Settings \egesicktocal Settings \Temporary Intema Filea\OLK31\2(0"!048-ANX-REZONE-04030405K5
finaldoc Page I otl
AFFIDAVIT OF CIRCULATOR
SATE OF COLORADO)
)ss.
COUNTY OF
William F. Garcia, Chair
Weld County Board of Commissioners , 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 Town of Frederick, Colorado, consisting of
six (6) pages including this page and that each signature hereon was witnessed
I) 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 filth day
of March , 20 09 by William F. Garcia
My commission expires: '/- /° - (9D/a-
Witness My Har�¢�, I Seal.
it?' p1Aq ., D,
oa i
FOF O� C�
�c�c.
MI COMMISSION EXPIRES: 04 IVOI?
6
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Notary Public/
07a 9- cyst
509
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and executed this day of
�to 2009, by and between the COUNTY OF WELD, COLORADO
(herem fter referred to as "Annexor") and the TOWN OF FREDERICK, COLORADO
(hereinafter referred to as "Town"), for the annexation of portions of and adjacent to Weld
County Roads 11, 11.5, 13, 16, and 18.
WITNESSETH:
WHEREAS, Annexor is the governmental entity which owns and controls certain real
property which is part of various Weld County Roads located adjacent to Town and more
particularly described in Exhibit A (containing Exhibits A-1 through A-8), which are attached
hereto and incorporated herein by reference, and
WHEREAS, Annexor has been requested to file petitions with the Town for the purpose
of annexing to the boundaries of the Town the real property described in Exhibit A (hereinafter
referred to as "the Real Property"), and
WHEREAS, the proposed annexations will result in right-of-way frontage on one side of
the subject right-of-ways being subject to the jurisdiction of the Town, while frontage on the
opposite side of such right-of-ways remaining subject only to the jurisdiction of Annexor; and
WHEREAS, Annexor desires to impose upon the Town certain conditions relating to the
proposed annexations and to the effectiveness of the referenced petitions, and
WHEREAS, the Town 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 premises and the covenants,
promises and agreements of each of the parties hereto, to be kept and performed by each of them,
it is agreed by and between the parties hereto as follows:
1. Submission of Annexation Petitions: Annexor has submitted to the Town for its
consideration certain annexation petitions for the annexation of the real property described in
Exhibit A, with said petitions being incorporated herein by reference (hereinafter the
"Annexation Petitions"). The Annexation Petitions have been submitted on the express
condition that they will be approved by the Town and the Real Property described shall be
annexed to the Town pursuant to the conditions set forth in Paragraph 2, hereunder,
2. Conditions Applicable to Annexation. It is expressly understood by the Town
that certain requirements are being imposed by Annexor as a condition precedent to the Town's
annexation of the Real Property. These conditions, to which Town agrees in total, are as follows,
which shall apply from and after the date of annexation of the Real Property:
(a) Subsequent to annexation, Town shall be responsible for construction, upgrades,
widening, and maintenance of the Real Property, including all road surface and base,
bridges, specifically Bridges 11/16B and 11/16C and culverts. By virtue of its entering
into this Annexation Agreement, Annexor has no responsibility to improve and/or repair
1
ANNEXATION AGREEMENT Final.dc
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any of the Real Property other than conducting routine maintenance up to the date of
annexation.
(b) Town 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 bridge requires a weight restriction;
(c) No attempt shall be made by the Town to limit vehicular access or use of the Real
Property so as to exclude farm or agricultural vehicles and equipment.
(d) 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.
(e) The future right -of way for both Weld County Road ("WCR") 11 (currently
classified by Annexor as a "Preferred Arterial Route") and WCR 13 (currently classified
by Annexor as a "Strategic Roadway) should accommodate major arterial widths.
Therefore, Town agrees to provide a paved width sufficient to classify a road as a major
arterial and equal to Annexor's strategic roadway width. Town and Annexor agree to
obtain necessary additional right -of way to meet the needs of anticipated future road
projects in the course of development approval within their respective jurisdictions.
3. Weld County Road Maintenance Records. The Weld County Department of
Public Works shall provide Town with copies of its maintenance records and recommended
schedules for all roads and bridges subject to this Annexation Agreement.
4. 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.
5. Binding Effect. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their successors in interest.
6. 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.
7. No Waiver of Immunities. No portion of this agreement shall be deemed to
constitute a waiver of any inununities 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.
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ANNEXATION AGREEMENT Final.doc
123111111 II10R14116161911.121010 11111 IIII 111111111111 III 1111018t1 III III
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3 0 0.00 Steve Moreno ClRecorder
8. 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:
Al PEST: f"" 'I; COUNTY OF WELD, a political Weld County
Clerk to the Board subdivision of the STATE OF COLORADO:
By:
Deputy Cler 1 o the
ATTEST:
By:
William F. Garcia, Chairman
Board of County Commissioners,
County of Weld
TOWN:
03/11/2009
TOWN OF FREDERICK, a municipal corporation
of the S OF CO i ' DO
ric E. Doering, Mayor
I IIIIII 11111111111 IIUI IIII Ill\I 1111 111 IIIII 1111 \II\ Recorder
3087509 0411912010
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Clerk &
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ANNEXATION AGREEMENT Final.doc
Woo9- 063'
EXHIBIT A
Proposed Road Segment and Adjacent Real Property Annexations
AIM 11111111111IIIIIIIII111111111111III11111ita
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ANNEXATION AGREEMENT Final.doc
EXHIBIT A-1
Weld County Road 16 Enclave Annexation and Rezone No. 1
A strip of land 30.00 feet in width, to be annexed to the Town of Frederick, located in the
Southwest Quarter (SW1/4) of Section Twenty-nine (29), Township Two North (T.2N.), Range
Sixty-seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado, being more particularly described as follows:
BEGINNING at the Southwest corner of said Section 29 and assuming the West line of the
SW1/4 of said Section 29 as bearing North 009023" West, being a grid bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of
2646.32 feet with all bearings contained herein relative thereto.
THENCE North 00°10'23" West along the West line of the SW1/4 of said Section 29, said West
line also being the East line of the Josephine Roach Annexation, Ordinance No. 148 Approved
by the Town of Frederick on March 25, 1976, a distance of 557.02 feet to the South line of the
Camenish 126 Acre Annexation, recorded September 16, 2004 as Reception No. 3219299 of the
Records of Weld County;
THENCE South 89°41'11" East along the South line of said Camenish Annexation a distance of
30.00 feet;
THENCE South 00°10'23" East along a line parallel with and 30.00 feet Easterly of, as measured
at a right angle to the West line of the SW1/4 of said Section 29 a distance of 527.02 feet;
THENCE South 89°41'31" East along a line parallel with and 30.00 feet Northerly of, as
measured at a right angle to the South line of the SW1/4 of said Section 29 a distance of 2609.35
feet, to the East line of the SW1/4 of said Section 29;
THENCE South 00°12'00" East along the East line of the SW1/4 of said Section 29 a distance of
30.00 feet to the South Quarter corner of said Section 29;
THENCE North 89°41'31" West along the South line of the SW 1/4 of said Section 29, said
South line also being coincidental with the North line of the Josephine Roche Annexation, a
distance of 2639.36 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 94,991 sq. ft or 2.181 acres, more or less and is
subject to any existing easements and rights of way of record or as now existing on said
described parcel of land.
1 111111 11111 11111111111 IIII 1111111 11111 111 11111 1111 IIII
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ANNEXATION AGREEMENT FinaLdoc
EXHIBIT A-2
Weld County Road 16 Enclave Annexation and Rezone No. 2
A strip of land 60.00 feet in width located in the Southeast Quarter (SE1/4) of Section Twenty-seven (27),
the Southwest Quarter (SWI/4) I/4) of Section Twenty -Six (26), the Northwest Quarter (NW 1/4) of Section
Thirty -Five (35) and the Northeast Quarter (NEl/4) of Section Thirty -Four (34), Township Two North
(T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld,
State of Colorado, being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 27 and assuming the South line of the SE1/4 of
said Section 27 as bearing South 89°38'27" West, being a grid bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/92, a distance of 2647.28feet with all
bearings contained herein relative thereto.
THENCE North 00°23'36" West along the East line of the SEl/4 of said Section 27 a distance of 30.00
feet to the POINT OF BEGINNING;
THENCE North 89°36'24" East along a line parallel with and 30.00 feet Northerly of as measured at a
right angle to the South line of the SW 1/4 of Section 26 a distance of 50.00 feet to the West line of the
Ha Annexation recorded November 3, 1989 as Reception No. 2196488 of the Records of Weld County;
THENCE South 00°23'36" East along said West line a distance of 60.00 feet to the Northwest corner of
the Nelson Annexation recorded November 19, 2003 as Reception No. 3127863 of the Records of Weld
County;
THENCE South 89°36'24" West along a line parallel with and 30.00 feet Southerly of as measured at a
right angle to the South line of the SW1/4 1/4 of said Section 26 a distance of 50.00 feet;
THENCE South 89°38'27" West along a line being parallel with and 30.00 feet Southerly of as measured
at a right angle to the South line of the SEl/4 of Section 27 a distance of 550.60 feet to the East line of the
Richardson / Longmont Capital Annexation recorded August 26, 1999 as Reception No. 2716350 of the
Records of Weld County;
THENCE North 00°21'33" West along said East line a distance of 60.00 feet to the South line of the
Longmont Capital Annexation recorded October 16, 1995 as Reception No. 2459665 of the Records of
Weld County;
THENCE North 89°38'27" East along said South line, and also along a line being a line parallel with and
30.00 feet Northerly of as measured at a right angle to the South line of the SE1/4 of Section 27 a distance
of 300.71 feet to the Southeast corner of said Annexation;
THENCE North 89°38'27" East continuing along said parallel line a distance of 249.86 feet to the
POINT OF BEGINNING.
Said described parcel of land contains a total of 36,035 sq. ft or 0.827 acres, more or less and is subject to
any existing easements and rights of way of record or as now existing on said described parcel of land.
111111111111111111IilllLII111111111111III 11111tit IIII
3687509 04/1912010 10:54A Weld County, CO
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6
ANNEXATION AGREEMENT F nal.doc
EXHIBIT Al
Weld County Road 11 Enclave Annexation and Rezone No. 3
A strip of land 30.00 feet in width located in the Southwest Quarter (SW1/4) of Section Twenty -
Four (24), Township Two North (T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly
described as follows:
COMMENCING at the Southwest corner of said Section 24 and assuming the West line of the
SW1/4 of said Section 24 as bearing North 00°32'48" West, being a grid bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of
2646.01 feet with all bearings contained herein relative thereto.
THENCE North 00°32'48" West along the West line of the SW1/4 of said Section 24, said West
line being coincidental with the East line of the Grant Parcel 2 Annexation, Ordinance 279,
recorded February 25, 1988 as Reception No. 2131992 of the Records of Weld County, a
distance of 30.00 feet to the North line of the 1995 Road #18 Annexation recorded October 19,
1995 as Reception No. 2460180 of the Records of Weld County and to the POINT OF
BEGINNING;
THENCE continuing North 00°32'48" West along the West line of the SW1/4 of said Section a
distance of 1293.01 feet to the South line of the Grant Parcel 1 Annexation, Ordinance 278,
recorded February 25, 1988 as Reception No. 2131989 of the Records of Weld County;
THENCE continuing North 00°32'48" West along said West line, said West line being
coincidental with the East line of said Grant Parcel 1 Annexation a distance of 262.23 feet to the
South line of the Milavec Annexation recorded March 16, 1989 as Reception No. 2173617 of the
Records of Weld County;
THENCE North 89°44'19" East along the South line of said Milavec Annexation a distance of
30.00 feet.
THENCE South 00°32'48" East along a line parallel with and 30.00 feet Easterly of, as measured
at a right angle to the West line of the SW1/4 of said Section 24 a distance of 1555.23 feet to the
North line of said 1995 Road #18 Annexation;
THENCE South 89°4429" West along said North line a distance of 30.00 feet to the POINT OF
BEGINNING.
Said described parcel of land contains a total of 46,657 sq. ft or 1.071 acres, more or less and is
subject to any existing easements and rights of way of record or as now existing on said
described parcel of land.
1111111111111111 11111III 11111111111E
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7
ANNEXATION AGREEMENT Final.doc
EXHIBIT A-4
Weld County Road 11 Enclave Annexation and Rezone No. 4
A parcel of land located in the East Half (E1/2) of Section Twenty -Six (26) and the West Half
(W1/2) of Section Twenty -Five (25), Township Two North (T.2N.), Range Sixty -Eight West
(R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being
more particularly described as follows:
COMMENCING at the Northeast corner of said Section 26 and assuming the East line of the
Northeast Quarter (NE1/4) of said Section 26 as bearing South 00°29'49" East, being a grid
bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92, a distance of 2613.72 feet with all bearings contained herein relative thereto.
THENCE South 00°29'49" East along the East line of the NE1/4 Section 26 said East line being
coincidental with the East line of the Grant Parcel 3 Annexation, Ordinance No. 280 recorded
February 25, 1988 as Reception No. 2131991 of the Records of Weld County a distance of 30.00
feet to the South line of the 1995 Road #18 Annexation recorded October 19, 1995 as Reception
No. 2460180 of the Records of Weld County and to the POINT OF BEGINNING;
THENCE North 89°4429" East along the South line of said 1995 Road #18 Annexation a
distance of 50.00 feet;
THENCE South 00°29'49" East along a line parallel with and 50.00 feet Easterly of, as measured
at a right angle to the East line of NE1/4 of said Section 26 a distance of 2584.20 feet to the
South line of the Northwest Quarter (NW 1/4) of Section 25;
THENCE North 89°42'23" West along the South line of said SW1/4 of Section 25 a distance of
20.00 feet;
THENCE South 00°08'35" West along a line parallel with and 30.00 feet Easterly of, as
measured at a right angle to the East line of the Southeast Quarter (SE1/4) of Section 26 a
distance of 2681.90 feet to the North line of the Dacono Investment Co. Annexation recorded
May 11, 1990 as Reception No. 2213521 of the Records of Weld County;
THENCE South 89°51'39" West along the North line of said Dacono Investment Co.
Annexation, said North line being parallel with and 30.00 feet Northerly of as measured at a right
angle to the South line of the Southwest Quarter (SW 1/4) of Section 25 a distance of 30.00 feet
to the West line of the SW1/4 of said Section 25;
THENCE South 89°36'21" West along a line parallel with and 30.00 feet Northerly of, as
measured at a right angle to the South line of the SE1/4 of Section 26 a distance of 30.00 feet to
the East line of the Westervelt Annexation recorded September 21, 1995 as Reception No.
2456442 of the Records of Weld County;
THENCE North 00°08'35" East along a line parallel with and 30.00 feet Westerly of measured at
a right angle to the East line of the SEl/4 of said Section 26, a portion of aforesaid line being
coincidental with the Easterly line of said Westervelt Annexation a distance of 2681.85 feet to
the South line of the NE1/4 of said Section 26 and to the South line of said Grant Parcel 3
Annexation;
THENCE North 89°05'16" East along the South line of said Grant Parcel 3 Annexation a
distance of 30.01 feet to the East Quarter Corner of Section 26;
8
ANNEXATION AGREEMENT Final.doc
UM 11111 Mill 11111 Iili 111111111111 III 1111111111111
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THENCE North 00°29'49" West along the East line of the NE1/4 of said Section 26, said East
line being coincidental with the East line of said Grant Parcel 3 Annexation a distance of
2583.72 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 290.118 sq. ft or 6.660 acres, more or less and is
subject to any existine easements and riehts of way of record or as now existine on said described
parcel of land.
111111111111IIIIII11111Ell 1111111IIIIIIII111111111IIII
3687509 04/19/2010 10•54A Weld County, 00
9 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recorder
9
ANNEXATION AGREEMENT Final.doc
EXHIBIT A-5
Weld County Road 18 Enclave Annexation No. 5
A strip of land 20.00 feet in width, to be annexed to the Town of Frederick, located in the
Northwest Quarter (NW1/4) of Section Twenty -Five (25), Township Two North (T.2N.), Range
Sixty -Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado, being more particularly described as follows:
COMMENCING at the North Quarter corner of said Section 25 and assuming the North line of
the Northeast Quarter (NE1/4) of said Section 25 as bearing North 89°41'05" East, being a grid
bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92, a distance of 2642.07 feet with all bearings contained herein relative thereto;
THENCE South 00°00'30" West along the East line of the NW1/4 of said Section 25 a distance
of 30.00 feet to the South line of the 1995 Road #18 Annexation recorded October 19, 1995 as
Reception No. 2460180 of the Records of Weld County and to the POINT OF BEGINNING;
THENCE South 00°00'30" West continuing along the East line of the NW1/4 of said Section 25
a distance of 20.00 feet;
THENCE South 89°44'29" West along a line parallel with and 50.00 feet Southerly of, as
measured at a right angle to the North line of the NW1/4 of said Section 25 a distance of 2640.60
feet to the West line of the NW1/4 of said Section 25;
THENCE North 00°29'49" West along the West line of the NW1/4 of said Section 25 a distance
of 20.00 feet to the South line of the 1995 Road #18 Annexation;
THENCE North 89°44'29" East along said South line a distance of 2640.78 feet to the POINT
OF BEGINNING.
Said described parcel of land contains a total of 52,814 sq. ft or 1.212 acres, more or less and is
subject to any existing easements and rights of way of record or as now existing on said
described parcel of land.
1111111 11111 111111 /III 1111111 11111III111111III /III
3687509 04/19/2010 10:54A Weld County, CO
10 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recorder
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ANNEXATION AGREEMENT Final.doc
EXHIBIT A-6
Weld County Road 13 Enclave Annexation and Rezone No. 6
A portion of the Southwest Quarter (SW 1/4) of Section Thirty -One (31), Township Two North
(T.2N.), Range Sixty-seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.), County
of Weld, State of Colorado, being more particularly described as follows:
BEGINNING at the West Quarter corner of said Section 31 and assuming the West line of the
Southwest Quarter (SW1/4) of said Section 31 as bearing South 00°01'55" West, being a grid
bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92, a distance of 2656.13 feet with all bearings contained herein relative thereto.
THENCE North 89°51'37" East along said North line of the SW 1/4, said North line also being
the South line of the Town of Frederick recorded May 16, 1907 at Reception No. 119673 in the
Records of Weld County, a distance of 35.39 feet to the West line of the Wagoner Annexation 2,
recorded June 12, 1989 at Reception No. 2182216 in the Records of Weld County;
The following Three (3) courses and distances are along said Wagoner Annexation 2;
THENCE South 00°04'05" East a distance of 910.37 feet to the beginning point of a curve non -
tangent to the aforesaid course;
THENCE along the arc of a non -tangent curve concave to the West a distance of 378.54 feet,
said curve has a Radius of 1896.86 feet, a Delta of 11°26'03" and is subtended by a Chord
bearing South 05°38'50" West a distance of 377.91 feet to the West line of the SW1/4 of said
Section 31;
THENCE North 00°01'55" East along said West line, said line being non -tangent to the aforesaid
curve a distance of 179.85 feet, to the Southeast corner of the Dacono Investment Co.
Annexation, Ordinance 324 Recorded May 11, 1990 at Reception No.2213521 of the Records of
Weld County;
THENCE continuing North 00°01'55" East along the West line of said SWl/4, said line being
coincidental with the East line of said Dacono Investment Co. Annexation a distance of 1106.52
feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 42,270 sq. ft or 0.970 acres, more or less and is
subject to any existing easements and rights of way of record or as now existing on said
described parcel of land.
I 1111111111111111111111 Ili 111111111111 III 111111 111
t it l
3687509 04/19/2010 10:54A Weld County, CO
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11
ANNEXATION AGREEMENT Final.doc
EXHIBIT A-7
Town Of Frederick Enclave Annexation No. 8
A parcel of land located in the Southwest Quarter (SW 1/4) of Section Thirty (30), Township Two North,
Range Sixty -Seven (R.67W.), of the 6th P.M., County of Weld, State of Colorado, being more
particularly described as follows:
COMMENCING at the Southwest Corner of said Section 30 and assuming the West line of the SW1/4
of said Section 30 as bearing North 00°11'05" East, being a grid bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/92, a distance of 2666.81 feet with all
bearings contained herein relative thereto.
THENCE North 00°11'05" East along the West line of the SW1/4 of said Section 30 a distance of 30.00
feet to the Northwest corner of the WCR 16 Annexation, recorded December 10, 1982 as Reception No.
1911088 of the Records of Weld County, and to the POINT OF BEGINNING;
THENCE North 00°11'05" East continuing along the West line of the SW1/4 of Section 30, said line
being coincidental with the East line of the Shrek Annexation, recorded August 29, 2008 as Reception
No. 3575512 of the Records of Weld County, a distance of 970.00 feet to the Southerly line of the
Milavec Annexation, recorded March 16, 1989 as Reception No. 2173617 of the Records of Weld
County;
THENCE North 89°48'55" East along the Southerly line of said Milavec Annexation a distance of 16.97
feet to a corner of the Millavec Annexation;
THENCE South 00°02'03" West along the West line of the Milavec Annexation a distance of 969.94 feet
to the Northerly line of the WCR 16 Annexation;
THENCE South 89°59'26" West along a line parallel with and 30.00 feet Northerly of, as measured at a
right angle to the South line of the SW1/4 of Section 30, said line being coincidental with the North line
of said WCR 16 Annexation, a distance of 19.52 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 17,697 sq. ft or 0.406 acres, more or less and is subject to
any existing easements and rights of way of record or as now existing on said described parcel of land.
1 111111 11111 111111 111111111 1111111 11111 III 111111 III I11I
3687509 04/19/2010 10:54A Weld County, CO
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12
ANNEXATION AGREEMENT Final.doc
EXHIBIT A-8
Town Of Frederick Enclave Annexation No. 9
A parcel of land located in the Northwest Quarter (NW 1/4) of Section Twenty -Five (25), Township Two
(2) North, Range Sixty -Eight (R.68W.), of the 6th P.M., County of Weld, State of Colorado, being more
particularly described as follows:
BEGINNING at the Center Quarter Corner of said Section 25 and assuming the East line of the NW 1 /4
of said Section 25 as bearing North 00°00'30" East, being a grid bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/92, a distance of 2638.95 feet with all
bearings contained herein relative thereto.
THENCE North 89°42'23" West along the South line of the NW 1/4 of said Section 25 a distance of 40.00
feet;
THENCE North 00°00'30" East along a line parallel with and 40.00 feet Westerly of, as measured at a
right angle to the East line of the NW I/4 of said Section 25, a distance of 1319.27 feet;
THENCE South 89°59'30" East a distance of 40.00 feet to the Center -North 1/16Th corner of Section 25;
THENCE South 00°00'30" West along the East line of the NW1/4 of Section 25, said line being
coincidental with the West line of the Earl Sowers Annexation, recorded March 3, 1989 as Reception No.
2173618 of the Records of Weld County, a distance of 1319.47 feet to the
POINT OF BEGINNING.
Said described parcel of land contains a total of 52,775 sq. ft or 1.212 acres, more or less and is subject to
any existing easements and rights of way of record or as now existing on said described parcel of land.
111111111111 11111111111 III lilt liilt I N III NIIII i
3687509 0411912010 10:54A Wed Ceeellf,Clerk &
13 of 13 R 66.00 D 0.00 Stove Moreno Recorder
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ANNEXATION AGREEMENT Final.doc
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NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public
hearing will be held in the Chambers of the Board of County Commissioners of Weld County,
Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631,
at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing, please contact the Clerk to the Board's Office
at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado
80631. E -Mail messages sent to an individual Commissioner may not be included in the case file.
To ensure inclusion of your E -Mail correspondence into the case file, please send a copy
to egesick@co.weld.co.us.
DOCKET #: 2009-12
DATE: February 18, 2009
TIME: 9:00 a.m.
APPLICANT:
Weld County Board of Commissioners
915 10th Street
Greeley, Colorado 80631
REQUEST: Consider Eight Petitions for Annexation of Portions of County Road 16 (Enclave
Annexation and Rezone #1 and #2), County Road 11 (Enclave Annexation and Rezone #3 and #4),
County Road 18 (Enclave Annexation and Rezone #5), County Road 13 (Annexation and
Rezone #6 and #8), and William Bailey Avenue (Annexation and Rezone #9) to the Town of
Frederick and authorize Chair to sign
LEGAL DESCRIPTIONS:
County Road 16 (Enclave Annexation and Rezone #1) -- That portion of the County Road 16
right-of-way lying in the SW1/4 of Section 29, Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado, as more precisely described in Exhibit A, attached hereto and incorporated
herein by this reference.
County Road 16 (Enclave Annexation and Rezone #2) — That portion of the County Road 16
right-of-way lying in the SE1/4 of Section 27, the SW1/4 of Section 26, the NW1/4 of Section 35,
and the NE1/4 of Section 34, all in Township 2 North, Range 68 West of the 6th P.M., Weld
County, Colorado, as more precisely described in Exhibit A, attached hereto and incorporated
herein by this reference.
County Road 11 (Enclave Annexation and Rezone #3) — That portion of the County Road 11
right-of-way lying in the SW 1/4 of Section 24, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado, as more precisely described in Exhibit A, attached hereto and incorporated
herein by this reference.
County Road 11 (Enclave Annexation and Rezone #4) — That portion of the County Road 11
right-of-way lying in the E1/2 of Section 26, and the W1/2 of Section 25, all in Township 2 North,
Range 68 West of the 6th P.M., Weld County, Colorado, as more precisely described in Exhibit A,
attached hereto and incorporated herein by this reference.
County Road 18 (Enclave Annexation and Rezone #5) — That portion of the County Road 18
right-of-way lying in the NW1/4 of Section 25, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado, as more precisely described in Exhibit A, attached hereto and incorporated
herein by this reference.
County Road 13 (Annexation and Rezone #6) — That portion of the County Road 13 right-of-way
lying in the SW1/4 /4 of Section 31, Township 2 North, Range 67 West of the 6th P.M., Weld County,
Colorado, as more precisely described in Exhibit A, attached hereto and incorporated herein by this
reference.
County Road 13 (Annexation and Rezone #8) — That portion of the County Road 13 right-of-way
lying in the SW1/4 /4 of Section 30, Township 2 North, Range 67 West of the 6th P.M., Weld County,
Colorado, as more precisely described in Exhibit A, attached hereto and incorporated herein by this
reference.
Town of Frederick - William Bailey Avenue (Annexation and Rezone #9) — That portion of the
William Bailey right-of-way lying in the NW1/4 of Section 25, Township 2 North, Range 68 West
of the 6th P.M., Weld County, Colorado, as more precisely described in Exhibit A, attached hereto
and incorporated herein by this reference.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 6, 2009
PUBLISHED: February 13, 2009, in the Greeley Tribune
Affidavit of Publication
NOTICE
Pursuant to the zoning laws of the State of Colorado and the
Weld County Code, a public hearing will be held in the Cham-
bers of the Board of County Commissioners of Weld County,
Colorado, Weld County Centennial Center, 915 10th Street, First
Floor, Greeley, Colorado 80631, at the time specified. If a court
reporter is desired, please advise the Clerk to the Board, in writ-
ing, at least five days prior to the hearing. The cost of engaging
a court reporter shall be borne by the requesting party. In accor-
dance with the Americans with Disabilities Act, if special accom-
modations are required in order for you to participate in this
hearing, please contact the Clerk to the Board's Office at (970)
336-7215, Extension 4226, prior to the day of the hearing. The
complete case file may be examined in the office of the Clerk to
the Board of County Commissioners, Weld County Centennial
Center, 915 10th Street, Third Floor, Greeley, Colorado 80631.
E -Mail messages sent to an individual Commissioner may not be
included in the case file. To ensure inclusion of your E -Mail cor-
respondence into the case file, please send a copy to
egesickeco.weld co.us.
DOCKET #: 2009-12
DATE: February 18, 2009
TIME: 9:00 a.m.
APPLICANT:
Weld County Board of Commissioners
915 10th Street
Greeley, Colorado 80631
REQUEST: Consider Eight Petitions for Annexation of Portions
of County Road 16 (Enclave Annexation and Rezone #1 and #2),
County Road 11 (Enclave Annexation and Rezone #3 and #4),
County Road 18 (Enclave Annexation and Rezone #5), County
Road 13 (Annexation and Rezone #6 and #8), and William
Bailey Avenue (Annexation and Rezone #9) to the Town of Fre-
derick and authorize Chair to sign
LEGAL DESCRIPTIONS:
County Road 16 (Enclave Annexation and Rezone #1) -- That
portion of the County Road 16 right-of-way lying in the SW1/4 of
Section 29, Township 2 North, Range 67 West of the 6th P.M.,
Weld County, Colorado, as more precisely described in Exhibit
A, attached hereto and incorporated herein by this reference.
County Road 16 (Enclave Annexation and Rezone #2) - That
portion of the County Road 16 right-of-way lying in the SE1/4 of
Section 27, the SW 1/4 of Section 26, the N W 1/4 of Section 35,
and the NET/4 of Section 34, all in Township 2 North, Range 66
West of the 6th P.M., Weld County, Colorado, as more precisely
described in Exhibit A, attached hereto end incorporated herein
by this reference.
County Road 11 (Enclave Annexation and Rezone #3) - That
portion of the County Road 11 right-of-way lying in the SW 1/4 of
Section 24, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado, as more precisely described in Exhibit
A, attached hereto end incorporated herein by this reference.
County Road 11 (Enclave Annexation and Rezone #4) - That
portion of the County Road 11 right-of-way lying in the E1/2 of
Section 26, and the W1/2 of Section 25, all in Township 2 North,
Range 68 West of the 6th P.M., Weld County, Colorado, as more
precisely described in Exhibit A, attached hereto and
incorporated herein by this reference.
County Road 18 (Enclave Annexation and Rezone #5) - That
portion of the County Road 18 right-of-way lying In the N W 1/4 of
Section 25, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado, as more precisely described in Exhibit
A, attached hereto and incorporated herein by this reference.
County Road 13 (Annexation and Rezone #6) - That portion of
the County Road 13 right-of-way lying in the SW 1/4 of Section
31, Township 2 North, Range 67 West of the 6th P.M., Weld
County, Colorado, es more precisely described In Exhibit A,
attached hereto and incorporated herein by this reference.
County Road 13 (Annexation and Rezone k8) - That portion of
the County Road 13 right-of-way lying in the SW 1/4 of Section
30, Township 2 North, Range 67 West of the 6th P.M., Weld
County, Colorado, as more precisely described in Exhibit A,
attached hereto and incorporated herein by this reference.
Town of Frederick- William Bailey Avenue (Annexation and
Rezone #9) - That portion of the William Bailey right-of-way lying
in the NW 1/4 of Section 25, Township 2 North, Range 68 West
of the 6th P.M., Weld County, Colorado, as more precisely
described in Exhibit A, attached hereto and incorporated herein
by this reference.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: February 6, 2009
The Tribune
February 13, 2009
STATE OF COLORADO
County of Weld,
Jennifer Usher
SS.
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley. in said county and
state; that the notice or advertisement, of which the annexed is a
true copy, (days): that the notice was published in the regular and
entire issue of every number of said newspaper during the period
and time of publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the first publication
of said notice was contained in the, issue of the said newspaper -
bearing date the Thirteenth day of
February AD. 2009 and the last publication thereof: in the issue
of said newspaper bearing date the Thirteenth day of
Februarl-AD. 2009; that said The Tribune has been published
continuously and uninterruptedly during the period of at least six
months next prior to the first issue there of contained said notice
or advertisement above referred to; that said newspaper has been
admitted to the United States mails as second-class matter under
the provisions of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
February 13,2009
Total Charges: $21.10
Advertising Clerk
13th day of February 2009
My Commission Expires 06/14/2009
Notary Public
0Ast:
c
COLORADO
Faustino and Deanna Mora
5227 CR 18
Longmont, CO 80504-5429
Dear Faustino and Deanna Mora:
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
February 4, 2009
Re: Request by the Town of Frederick,
Colorado, to Approve Petitions to Annex
Portions of WCR 11
The Town of Frederick, Colorado, has asked the Board of County Commissioners of Weld
County, Colorado, to approve several Petitions for Annexation for portions of Weld County
Roads, ("WCR") one of which is WCR 11 (also known as Silver Birch Blvd.) between WCR 18
(also known as Godding Hollow Pkwy.) and WCR 16 (also known as Tipple Pkwy). Records of
the Weld County Assessor show that you own property which abuts and/or accesses this road.
This annexation of road will result in the annexation of all of WCR 11 between WCR 16 and
WCR 18. Currently, Frederick is responsible only for the maintenance of the west 30 feet of the
north half mile of that particular stretch of road, and this annexation will make Frederick
responsible for the maintenance of the entire road between WCR 16 and WCR 18. This road
annexation is shown on the map enclosed with this letter.
The Board of County Commissioners of Weld County will consider the Town's request at its
regular meeting at 9:00 a.m. on Wednesday, February 18, 2009. The Board's meeting will be
held in the First Floor Meeting Room of the Weld Centennial Center Complex South, 915 10th
Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the
request if you so desire.
Please feel free to call me at (970) 356-4000, ext. 4394, if you have any questions regarding the
request by the Town of Frederick.
Sincerely,
E �C . t ,c,
-7 A ll istant Weld County Attorney
pc: Clerk to the Board
Pat Persichino
EXHIBIT A
Weld County Road 11 Annexation and Rezone #4
Legal Description:
A parcel of land located in the East Half (E1/2) of Section Twenty —Six (26) and the West Half (W1/2) of
Section Twenty —Five (25), Township Two North (T.2N.), Range Sixty —Eight West (R.68W.), of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows:
COMMENCING at the Northeast corner of said Section 26 and assuming the East line of the Northeast
Quarter (NE1/4) of said Section 26 as bearing South 00'29'49" East, being a grid bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2613.72 feet
with all bearings contained herein relative thereto.
THENCE South 00'29'49" East along the East line of the NE1/4 Section 26 said East line being coincidental
with the East line of the Grant Parcel 3 Annexation, Ordinance No. 280 recorded February 25, 1988 as
Reception No. 2131991 of the Records of Weld County a distance of 30.00 feet to the South line of the
1995 Road #18 Annexation recorded October 19, 1995 as Reception No. 2460180 of the Records of Weld
County and to the POINT OF BEGINNING;
THENCE North 89'44'29" East along the South line of said 1995 Road #18 Annexation a distance of 30.00
feet;
THENCE South 00'29'49" East along a line parallel with and 30.00 feet Easterly of, as measured at a right
angle to the East line of NE1/4 of said Section 26 a distance of 2583.76 feet;
THENCE South 00'08'35" West along a line parallel with and 30.00 feet Easterly of, as measured at a right
angle to the East line of the Southeast Quarter (SE1/4) of Section 26 a distance of 2682.14 feet to the
North line of the Dacono Investment Co. Annexation recorded May 11, 1990 as Reception No. 2213521 of
the Records of Weld County;
THENCE South 89'51'39" West along the North line of said Dacono Investment Co. Annexation, said North
line being parallel with and 30.00 feet Northerly of as measured at a right angle to the South line of the
Southwest Quarter (SW1/4) of Section 25 a distance of 30.00 feet to the West line of the SW1/4 of said
Section 25;
THENCE South 89'36'21" West along a line parallel with and 30.00 feet Northerly of, as measured at a right
angle to the South line of the SE1/4 of Section 26 a distance of 30.00 feet to the East line of the
Westervelt Annexation recorded September 21, 1995 as Reception No. 2456442 of the Records of Weld
County;
THENCE North 00'08'35" East along a line parallel with and 30.00 feet Westerly o,f measured at a right
angle to the East line of the SE1/4 of said Section 26, a portion of aforesaid line being coincidental with
the Easterly line of said Westervelt Annexation a distance of 2681.85 feet to the South line of the NE1/4
of said Section 26 and to the South line of said Grant Parcel 3 Annexation;
THENCE North 89'05'16" East along the South line of said Grant Parcel 3 Annexation a distance of 30.01
feet to the East Quarter Corner of Section 26;
THENCE North 00'29'49" West along the East line of the NE1/4 of said Section 26, said East line being
coincidental with the East line of said Grant Parcel 3 Annexation a distance of 2583.72 feet to the POINT
OF BEGINNING..
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8042 CR 11
8102 CR 11
PO Box 162
5151 CR 18
5105 CR 18
5099 CR 18
9362 Apache RD I
2783 W 125th Ave
P O Box 27 I
P O Box 646
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5166 CR 18
5236 CR 18
5096 CR 18
7992 CR 11
5031 CR 16
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5221 CR 16 75
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5137 CR 16 75
5264 CR 16 75
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7592 CR 11
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SPOUSE_FIRST_NAMEJ
Brenda Phillips
Kathryn Wnght
NAME 1
Faustino and Deanna Mora I
Arlen and Della Gupton
Douglas Smith
Dale Moore
Bethany Pelosa
Edward and Elaine Hams
Fred Schlegel Jr.
Linda Esch
Jane Wilts
Edward and Carol Herson
Sharon McDonald Trust
Denise Stewart
Michael Day
US Bank National Association
Herman Vigil Sr
Delilah Vigil -Cortez
Lawrence and Linda Lopez
Beverly Enger
Jack and Connie Moyer
Anthony Lucero
Louise Kiteley
Steve and Patncia Hazlett
Mark Brown
Gina -Mane Rhoads
Virginia Brozovich
David and Joyce Spong
Charles and Glenda Erskin
Thomas Bashline
Frank Munoz
Jeffrey Wilts
Leo and Angela Martinez Jr
Rustin Peterson
John Petraitis
Jeffrey Greenlee
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ADDRESS2
PO Box 0969
ADDRESSI
5227 CR 18
8042 CR 11
8102CR11
PO Box 162
5151 CR 18
5105 CR 18
5099 CR 18
9362 Apache RD
2783 W 125th Ave I
PO Box 27
P O Box 646 F
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SPOUSE_FIRST NAME
Brenda Phillips
Kathryn Wnqht
NAME
Faustino and Deanna Mora
Arlen and Della Gupton
Douglas Smith
Dale Moore
I Bethany Pelosa H
Edward and Elaine Harris F
Fred Schlegel Jr
Linda Esch I
Jane Wilts
Edward and Carol Herson F
Sharon McDonald Trust I
Denise Stewart
Michael Day
US Bank National Association
Herman Vigil Sr I
I Delilah Vigil -Cortez I
Lawrence and Linda Lopez
I Beverly Enger 1
L Jack and Connie Moyer F
Anthony Lucero
Louise Kiteley
Steve and Patncia Hazlett I
Mark Brown
Gina -Mane Rhoads I
Virginia Brozovich I
David and Joyce Spong I
Charles and Glenda Erskin H
Thomas Bashline
Frank Munoz
Jeffrey Wilts
Leo and Angela Martinez Jr
Rustin Peterson
John Petraitis
Jeffrey Greenlee
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COLORADO
WFiYG
Arlen Gupton and Della J. Gupton
8042 County Road 11
Longmont, Colorado 80504
Dear Mr. and Mrs. Gupton:
February 11, 2009
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
Re: Request by the Town of Frederick,
Colorado, to Approve Petitions to
Annex Portions of WCR 11
As we told you in a previous letter, the Town of Frederick has asked the Board of County
Commissioners of Weld County to approve certain Petitions for Annexation for portions
of Weld County Roads, ("WCR") one of which is WCR 11 (also known as Silver Birch
Blvd.) between WCR 18 (also known as Godding Hollow Pkwy.) and WCR 16 (also
known as Tipple Pkwy). Records of the Weld County Assessor show that you own
property which abuts and/or accesses this road.
We had enclosed a legal description of the property proposed to be annexed. After
review, it was determined that the annexation should be of the entire road right-of-way,
and not simply the west 30 feet of the north half mile of road. This decision was reached
when it was noted that the Dream Acres subdivision had dedicated an additional twenty
(20) feet of right-of-way when it was created. Please refer to the map enclosed with this
letter.
The Board of County Commissioners of Weld County will consider the Town's request at
its regular meeting at 9:00 a.m. on Wednesday, Februaryl8, 2009. The Board's meeting
will be held in the First Floor Meeting Room of the Weld Centennial Center Complex
South, 915 10th Street, Greeley, Colorado. You may attend the Board's meeting to give
testimony regarding the request if you so desire.
Please feel free to call me at (970) 356-4000, ext. 4394, or Jennifer Simmons, Town of
Frederick Planner, at (303) 833-2388 if you have any questions regarding the request by
the Town of Frederick.
Sincerely,
Assistant Weld County Attorney
pc: Clerk to the Board
Pat Persichino
PROPERTY DESCRIPTION
Weld County Road 11 Enclave Annexation and Rezone No. 4
A parcel of land located in the East Half (El/2) of Section Twenty -Six (26) and the West Half (W1/2) of
Section Twenty -Five (25), Township Two North (T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as
follows:
COMMENCING at the Northeast corner of said Section 26 and assuming the East line of the Northeast
Quarter (NEl/4) of said Section 26 as bearing South 00°29'49" East, being a grid bearing of the Colorado
State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2613.72 feet
with all bearings contained herein relative thereto.
THENCE South 00°29'49" East along the East line of the NE1/4 Section 26 said East line being
coincidental with the East line of the Grant Parcel 3 Annexation, Ordinance No. 280 recorded February 25,
1988 as Reception No. 2131991 of the Records of Weld County a distance of 30.00 feet to the South line of
the 1995 Road #18 Annexation recorded October 19, 1995 as Reception No. 2460180 of the Records of
Weld County and to the POINT OF BEGINNING;
THENCE North 89°44'29" East along the South line of said 1995 Road #18 Annexation a distance of 50.00
feet;
THENCE South 00°29'49" East along a line parallel with and 50.00 feet Easterly of, as measured at a right
angle to the East line of NE1/4 of said Section 26 a distance of 2584.20 feet to the South line of the
Northwest Quarter (NW 1/4) of Section 25;
THENCE North 89°42'23" West along the South line of said SW1/4 of Section 26 a distance of 20.00 feet;
THENCE South 00°08'35" West along a line parallel with and 30.00 feet Easterly of, as measured at a right
angle to the East line of the Southeast Quarter (SEI/4) of Section 26 a distance of 2681.90 feet to the North
line of the Dacono Investment Co. Annexation recorded May 11, 1990 as Reception No. 2213521 of the
Records of Weld County;
THENCE South 89°51'39" West along the North line of said Dacono Investment Co. Annexation, said
North line being parallel with and 30.00 feet Northerly of as measured at a right angle to the South line of
the Southwest Quarter (SW1/4) of Section 25 a distance of 30.00 feet to the West line of the SW1/4 of said
Section 25;
THENCE South 89°36'21" West along a line parallel with and 30.00 feet Northerly of, as measured at a
right angle to the South line of the SE1/4 of Section 26 a distance of 30.00 feet to the East line of the
Westervelt Annexation recorded September 21, 1995 as Reception No. 2456442 of the Records of Weld
County;
THENCE North 00°08'35" East along a line parallel with and 30.00 feet Westerly o,f measured at a right
angle to the East line of the SE1/4 of said Section 26, a portion of aforesaid line being coincidental with the
Easterly line of said Westervelt Annexation a distance of 2681.85 feet to the South line of the NE1/4 of
said Section 26 and to the South line of said Grant Parcel 3 Annexation;
THENCE North 89°05'16" East along the South line of said Grant Parcel 3 Annexation a distance of 30.01
feet to the East Quarter Corner of Section 26;
THENCE North 00°29'49" West along the East line of the NE1/4 of said Section 26, said East line being
coincidental with the East line of said Grant Parcel 3 Annexation a distance of 2583.72 feet to the POINT
OF BEGINNING.
Said described parcel of land contains a total of 290,118 sq. ft or 6.660 acres, more or less and is subject to
any existing easements and rights of way of record or as now existing on said described parcel of land.
C:\Documents and Settings \amessl\Local Settings\Temporary Internet Files \OLK82\2007048-ANX-REZONE-04 021109.doc
Page 1 oft
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking, and that it is true and correct to the
best of my knowledge and belief.
Steven A. Lund —on behalf of King Surveyors, Inc.
Colorado Registered Professional
Land Surveyor #34995
KING SURVEYORS, INC.
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
C:\Documents and Settings\aniessl\Local Settings \Temporary Internet Files \OLK82\2007048-ANX-REZONE-04 021109.doc
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Stephanie Arries
From:
Sent:
To:
Subject:
Excellent. Thanks.
Bruce Barker
Monday, March 02, 2009 10:10 AM
Stephanie Arries
RE: WCR 11 bridges
Original Message
From: Stephanie Arries
Sent: Monday, March 02, 2009 9:45 AM
To: Bruce Barker
Subject: FW: WCR 11 bridges
Frederick annexation of roads - including bridges
From: Jennifer Simmons[mailto:Jsimmons@frederickco.gov]
Sent: Friday, February 27, 2009 11:27 AM
To: Stephanie Arries; Donald Carroll
Subject: WCR 11 bridges
Stephanie and Don,
The Town has been able to review the information provided by Don and conducted independent
inspections to confirm that there are no outstanding maintenance issues to consider.
Thank you for allowing us time to review the information prior to moving forward.
I'll see you on the 11th. Enjoy your weekend,
Jenn
Jennifer Simmons, AICP
Planning Director
Town of Frederick
p 303.833.2388/f 303.833.3817
jsimmons@frederickco.gov
www.frederickco.gov <http://console.mxlogic.com/redir/?6VJBBd-UVNcS02tzW7NBoHgL4gCjt-
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TOWN OF FREDERICK
401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435
PHONE: (303) 833-2388 • FAX: (303) 833-3817
WEBSITE: WWW.FREDERICKCO.GOV
Town Clerk Department
September 18, 2009
Weld County
PO Box 459
Greeley, Colorado 80634
Dear Ms. Ester:
Enclosed is the original Annexation Agreement between the Town of Frederick and Weld
County for the annexation of portions of and adjacent to Weld County Roads 11, 11.5, 13, 16
and 18. The Town of Frederick has retained an original copy.
Please give me a call if you have any questions or comments.
Thank you,
\51 -
Nanette S. Fornof, MM
Town Clerk
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