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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 . a59 - ��, 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 2t WA zrff , 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 111111111111111111 11111 IIII 1111111 11111 III 11111 IIII 1111 3687509 04/19/2010 10:54A Weld County, CO r229-04-91 1 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recorder 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. 2 ANNEXATION AGREEMENT Final.doc 123111111 II10R14116161911.121010 11111 IIII 111111111111 III 1111018t1 III III 687509 10101101 10.64A Weld County at 19131 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 3 of 13 R 66.00 D 0.00 Steve Moreno Clerk & 3 ANNEXATION AGREEMENT Final.doc Woo9- 063' EXHIBIT A Proposed Road Segment and Adjacent Real Property Annexations AIM 11111111111IIIIIIIII111111111111III11111ita 3687509 04/19/2010 10:54A Weld County, CO 4 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 4 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 3687509 04/19/2010 10:54A Weld County, CO 5 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 5 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 6 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 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 3687500 04/19/2010 10.544 Weld County, CO 7 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 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 3687509 04/19/2010 10:54A Weld County, CO 8 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 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 10 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 11 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 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 12 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 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 13 ANNEXATION AGREEMENT Final.doc Cry ■ ■ ■ ■ ■ ■ # IS NIWJ £ L HIRTIIIM I. LX0 /Ma gage J m's 000/ l LL en /P^IS uoJ!g JeAlIS r ��cc I J - d a) a a 1= 36 9t t Z� C O 4"' Co X a) tat r - Q r 'i 4�o `at o U O 5Esti Frederick Town Boundary O O N O co co U, N O 8 8 2 0 0 0 z z8 N N a a IZBS-989 (0L6) :xtq I I I0S-989 (0L6) :auotld OSSO8 OpEJoio3 `1ospufA\ anUQ uapIE9 059 DNJ `S TOAHnxns ONI)I A C 11 cip H • Owl ri Ps O O H CC t"� t xCs) z wt,,� V z O ^ �HEi x O N PI Wcn Ofat Li. u lI W U H� O O F-1 E O O C s 0 0 Y 0 0 V 0 C O J 0 O m a Y O 3C II. C a 9- 0.9 o • 0 C Y Y � 2 0 0 passed and adopted e E z' 0 C Frederick, Colorado, Nanette S. Fornof, Town Clerk Eric E. Doering. Mayor m V O Y O ri C0an z ` N • 5 •S O O O U E c O g 0 0 v 0.4 ° 0 W co V 5 'vim CC r 0' 3 ° WE v0 cc, O itt hN 0 o O 'oN 0 0 < Yis56 P ° 40 2 c Y 0 O n N .c2 b t N o Y O 2 C fl a2° O - C o 5°Ep O V g 0 a U S L7, it; z CI weao L DS V O N • a5 8 ` z -Y Y g a Y NH COC G 8 09 N O. ... �C S yr • n ba s • 0 0 0 O 0 C7N O r D0 3 O �b� a0 z 0 • - 5 E O QO CC 0 C •0 ;0. 0 O W4b so aEa 0 av$b cc 5 1114 W N 0 ° 0 O - -C n W0 ° 0 Yp o 'yy th P N 0 • `3$Ro yyN O c a 6 Y z u e o y . W C x z 00 c C C .9a C o of H v _ zL3 e w 0 0 0 8 • 0:002 oa cowvV C y ° « ti W. €� O ° 5 °' YoZ ~ 0Q O0' c N •in 4• �_N 5 m u4 w2 aFc C 8O ° o cWL,O e z u n c zW 55 Ua? F 'iK W V' a distance of 50.00 /18 Annexation the South line of sold 1995 Rood 89'44'29' East along 0 0 v Planning & Zoning Commission this pro L - O o� ° O 0. O O 5 8 m • .y 0 p 1° O o a2 N O e -0 v ° c ° 'o 0 • .0 O N 11.1 $u O 0 0 ST o5b OE II P O a Hi • o n • bU- « �0c V _03 • V L5 0 • ° o C C u0 • x • C- 0 o O c C e cC C O C °'•i Et O C V5 O c ° 8hs a8R P 0 N O O O U C'- C C ° o 5;" Y L 0 z ezN «r C • 0 it J OO C O a 0 T 0 0 G r N t C� Igo 0 0 R0 mo c v « C P Y c. « o S N N V U' 0 C0 Sir • Yin o a € C>o O N N 0 • O L 0 0 0• W E. 1,1.61‘) r O N C — C nw co a 5 r Y 5 5 <C N 5 O Z 0$� o o S O ry Q •. <Cq r� UUJ r.� z.;z.r2V2 •CrzCair & $op t2n PS j2w as 02 z ust•us0yym,, �.•. ',now Uo5 =NN� c08 050= oa r°jO Kathy Lorton. Secretory L 5 f fl> 0 C ° I', P c O 3 O P U 2 E Cy 0 • B p 0 v _ 0 R 0 0 0 P 0 SO .Q 0 Nor annexed Is Weld County Road Right of Way and will be maintained os Right of NOTE The subject area • c'5 0 ° $ „,— a p° ;� e O07 6 u g z o c w R N• N o o 'a o •_ V N ° uK N L r C Y n e0O �p Y N W D pO C r as 3RN3 z v o o c ov 0 ° 0y \ O o N4 C O ,$ obx ;arc =PN = °p 0:46 C 0 C5pep•OY >} 0 -. O L• t T oh O Y;#r03. O\p) DC 10 O ry c v C O 0 N 2� o ti d a o�g a L 3 � e o W .E.'° W- D E x y w O • N u c as ° m 0v 0 V ' O H z� 0 tJ N CO C « • 1 a ° r 9 v C O U u a 8�70CXoW' Y •e V ° Y tc 5 r Cam= p Cp 9- t1 O C N O o C 0 O 0 ° .C P O C o Y • o • ° V r V n o Nc1° ° Ot>>°',W O OONgL PN P b}� 0 0c moa.C • L W= 2 L W L • V • 2„ o Y 0 5 z5z oz I. ♦• Y E fi 1 I ft W -J ;I • rkl Ft r V * --dam 6o/.o/co so/ tt/LO BO/6I./90 Od SJN3MIWD3 end 03SIA32J 0d SiN3►2W00 end 03SIA321 Od SjN31YM200 253d 03SN3N to/t/s » S1N321400 2134 03SIA321 CO-ZZ-VO viva O N 0 O a W O 0 0 -3- O N O 0 O N NS3 SiN3IIWOO 2t3d 03SN321 :SN0StA3a SCALE IN FEET Li a 6 W a O 8 RIGHT-OF-WAY BOUNDARY LINE DENOTES CONTIGUOUS BOUNDARY a: W z 0 u OJm < V O 70 LINE TABLE t8$$j8s R2RRSR W W ; ; ; W Vr Z� a N an°,j N r • N *ttP*S o OS N Z a V I N Z 2- Z J J Nn J J V J N J ID J Ot O r,k10 t tigttA MtIpS 1/2 The foregoing instrument was acknowledged before me by O N 0 0 N z yrU.3� 2N NI uvO?I ALNnO7 O73A1 \ \ \ \ ',SO'tt9L 3.6L,tt.69N\ \ \ \ \ \ N. _ OMB DO '>01213038.4 133M1S 1Sl001 LOt S£* X08 •0'd )1O183O38) JO NMOI 4 "ON 3NOZ38 ONV NOLIVC3NNV LI OV08 uNnoo 01JM — — •tn..Zn 3ti,t,.mtn A • S E N. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 91 OVO≥IALNnOJ O73.M i t C M "ta€i • C 10 e M IN •`N S00'08'35"W N a 4o NP w Ok • Dch 1:4s: dig r% g «««««««««<E \ \ \ \ \ Es H Wco w. ON 8N 6 yv� z (I1 " \A/\1 %Y> J,ft'O►9L\i M "NtY.694�%\% fired 1Y [Oy0'tC tooemc 6•a,O',PIVMOJooas+o,•,OJf Town of Frederick Annexations Annexation #6 Annexation #1 Annexation #7 Annexation #2 Annexation #3 o o m m O A Bella Rosa Pkwy/CR 20 C Ix 0 C C )Q C tl 21� /PAIS 4DJ!9 JOAIIS SZI It O P• t0 03 X C U C Y a SI. 2i0IPnl9 AeMa6p!a C O t{) C C Tipple Pkwy/CR 16 C O :. ca x to C C Q 1S NIVW CL 113/PAIS oPtJolo3 Gadding Holt Gadding Hollow Pkwy/CR18 SZI J a C O co l0 X N C C Q Tipple Pkwy1CR 16 Tipple Pkwy/CR 16 N It C O M (43 tV C C t0 C O co x m C C Q il4 IPAI9 43.1!9 JeAIIS N h 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.. 7 a) c v) C N W 2 30 oo N O O CERTIFICATE OF MAILING T a C O O U 0 C O a) a 0 O) C O a) L O v a) U) C -o d m x� t a7 a a O N O N Z & mm 30 ma 0 = 0 a5 a) L N Y O) o aJ O n� N U (6 2E C a) via c a) 7 C a)D N a) LL— N C ND E a) o o a T rq ry 23 a) L V a) a) C C 0) 0 N a) a) _ c C a) O C H2 a) x a C C Q DATED this 6th day of February, 2009 ZIPCODE 80504-5429 in O co 80504 CD 9 0 in o Co 80504 80504 80504 80504 o o O Co 80530 80530 r La O CO 80504 a OO) r 80504 80504 80504-9487 80504 80504 80504 80504 80504-9466 80504 80504 80504 80504 80504 80514 80520 80504-9450 80520 80504 I 80504 in o Co STATE 0000000 0000000 OO 00000 00000 PA OO OO1 OO OO1 I OO 000000000000000 000000000000000 CITY .2'2 EE mm cc J J Longmont O) 2 N 2) it Longmont Longmont Longmont J C E O) C J Broomfield i V y L.L. Y 0 0 c O O U O O O O o a y LL C E O' C J C E O` C J Fort Washington Longmont Longmont Longmont C EE am cc J C J Longmont '242 EE au cc oo J O J Longmont Longmont Longmont I Longmont C OO E o' C J c 0 o O a) C O ` it I Longmont a CO O£ N LL C C J Longmont Longmont ADDRESS2 I a O) O X O co 0 a ADDRESS1 5227 CR 18 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 0 O N 5106 CR 18 110 Virginia Dr I 5166 CR 18 5236 CR 18 5096 CR 18 7992 CR 11 5031 CR 16 5165CR1675 I 5221 CR 16 75 5109CR1675 I 5137 CR 16 75 5264 CR 16 75 7662 CR 11 7592 CR 11 7502 CR 11 PO Box 281 PO Box 494 r 0 O � CO in p m a 7330 CR 11 7201 CR 11 7463 CR 11 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 m a) O a) 0 a 0 O) N r w v W v o tD o 0) O V co co co V V o o CO O a 7 a 7 7 a 7 a a 7 a a 7 a a 7 'q 0 7 V V V 7 0 0 O V V 0 0 0 O O O O CO N O CO O O O O O O O O O O 0 O O O O O O O O N O 0 O O 0 CO CO O O O 0 y 0 0 0 0 tO 0 t0 0 0 0 0 to to t0 i0 tO tO to 0 to tO tO to to t0 in 0 tO 0 cO tO 0 N N N N Lo N to to to O O O O 0 0 O 0 0 0 0 O O O O O O O O O 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W ao W W W W W W W F F 00000000000000000000000000000000000000000 000 000000000000000000000000000 000000000000 F Y Y Y W Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y F F F W F F F F F- Y Y F F F F Z 000z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z Z Z Z Z Z Z 0 U Z Z Z Z 0¢¢¢aGe0¢w ccintccEteccecteccectecceEtcc2000000000220000 M o 0 o w w w F O w w w w w w w w w w w w w w w w w 2 2 2 F 2 2 2 2 2 w w2222 2 2 2 � O¢¢¢OOOw¢o0000000000000000zzw000000wzzz z>>>wwww>wwwwwwwwwwwwwwwwwzwzzzzzwwzzzz 0 QJ ¢¢< a a a w ¢ a tuL LL w W W W LL W W LL W w w LL W LL O O O� O O O O O LL LL O 0 0 0 JJJJ N Cl) N W 0 0 000 0 000 0 ii ik # CO CO CO CO O O O CD 0 0 0 O J J J J mmm m M N N N CO N N N ¢ ¢ ¢ ¢ m m m to > F 2 D 0 CC CC ce OOOOO 0 JJ JJ ZUUQU JF F FF F IC) CC �i U U U U U U U 3 3 Z 00)1000000NcoN0w www ww W N W o r m ro wto000rtotZZZZZDDDZZZZZZZZ c0 F o co co co co r`ar co W co N r 0 0 0 0 0 N r 0 V U N W ww¢¢¢aaxx¢xaaa¢aa¢222¢aaa�aa�aactcerextreere¢accxxtrreitre Islo ›tLu-O o3OmmmmmHFFm000UUUUUUUOODU¢0000000 0>-io to N 7 W CO m to CO r CO to r O) O N R N O W f0 V N O W N N N CO N O N O) m m 0000 0000000H t0 t0 O O Q to Q N N N N N N N N N N O N a O Q to 0 O) co 0 0 0 O 0 co co QO) co co co co co Q co co co co N co co co co co W co co co co co co N O V N N t0 a a a a N Cl- a V V V V V V a a a 7 a a 7 7 a co co co a N N N W M O N O N a a n N c0 N 0 0 0 0 Z Z_ Z z_ Z Z z Z 000 0 PPP Q Q ¢ Q 000 0 000 0 CO N N N N CO W N ¢ ¢ ¢ ¢ IX Ce UJ J W W W W J W F ce 000 i— ce 06 iii row200 XI( m esaus =s N¢°n� °°F a) m OOOm¢QaOzO,t5mmw 006 O¢ zwZ0Mto}�00 Es) tp 0222�0022� J¢� oUL°t%e'°area 0wZ2I0z00Z00 O>e¢w m¢ wrrrHozF JJJ ZO¢LL J l -w>"2 Z' Z wl- ¢ a'Z°o Y wOOF J wF¢ LL 03N W W }mz Q 2¢¢¢OK2¢aU'Z2OW 2QmUOa'QNZZ=¢'aWJz Op0¢J W z W N Z ¢ W U O m W W Z F 2 W U>>> J J¢ J> 2 O 2 z w Y Q U O J D F„ O W w 2 w Z O w¢ to O O ty z z ccU_ W w O W W J F w¢ w J O Z -J Z 0 M 3 Z N O O 0 N W J W W 4a F 2 W o CC_J x m v0i 0 3 3 J M0000 /)wm>O W 2 W ZUmwa'JZ2-?mm Ja o— 0Ja'2UJtCOw}0- zUw w woC¢i(nww-,o_omo>Yt¢i)ia¢sEK a=oU' m<20a)2a=t0i)w OU=ma)oU> c0 r` c0 n W N CO O) r O N M 7 t0 N W 0) N M V to cD r` N vf t0 W W N W W O r N a M to Or O o 0 0 0 0 OOOOOOOOOOOOOOOOMMC0MI-OOOr r r N 0 0 0 00000000000000000000000000000000000000000 O N M M t 0 t 0 t 0 N t o N a a vr‘Ccr.crvr.>CONC-.P.-F--C--1--N-000000000000r r r J 0 0 0 O O O O 0 0 O 0 O 0 O 0 O 0 O O 0 O O 0 O 0 O O O O 0 0 O O O O 0 0 0 N N N W M M M M M M M M M M M M M M M M M M M M M M M M M M Tt? 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Y c n7 D a) L_ u) C N v w a) C o U N > co d 3 a)r. L a) a) o N N N a' C c c c L (a 0) C C C DATED this 11th day of February, 2009 ZIPCODE Cr) 'L v 0 U3 0 a0m 0 u) 0 80504 CV CO 9 ova 01 LO 0 (0(0(0 0 if) 0 0 if) 0 80504 80504 00 N O 0 CO M u) 0 CO 80530 r 80501 80504 vv M O Cr) r O u) 0 CO 80504 80504-9487 80504 80504 80504 80504 80504-9466 80504 80504 80504 80504 80504 80514 80520 80504-9450 80520 vvr 0 u) 0 NN 0 u) 0 0 u) 0 CO STATE OO 000 000 OO 0 0 OO 0 0 00 0000 0000 PA OO 00000000 00000000 O3 OO 00000000 00000000 OO CITY C O E 0) C 0 Longmont Longmont CD c .9.E N LL C o C) J C o E C• J C o E C) J Longmont D C y_. E O0) O m Y 0 d a 0) LL Y 0 .) s p) LL Longmont Longmont Fort Washington C 0 EEEEEE O) CCCCCC 000000 C 0 C 0 Cr C 0 O`0)O) C 0 C 0 I Longmont I C 0 E Cr C J C 0 E C J C 0 E 0)0)0)0)0 C J C 0 E C J C 0 E C J C 0 E C J 0 C O O a) 0 o 0) `) LL Longmont F a) C .2E 0) (DC LL C O Cr J Longmont C 0 E O' C J 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 7200 CR 11 W 0. co )n o N C O � 5166 CR 18 I 5236CR18 co 0 CO u 7992 CR 11 F 5031 CR 16 N a 0 ( v) 5221 CR 16 75 5109 CR 16 75 F 5137CR1675 5264 CR 16 75 7662 CR 11 I 7592 CR 11 7502 CR 11 PO Box 281 F PO Box 494 I 7440 CR 11 I O u) o op 0 a 7330 CR 11 I 7201 CR 11 7463 CR 11 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 a) O jr) >, a) C 0 a C 0 O U c m E Y U a) m a) C a) 0 Atari 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 Page 2 of 2 tE r lZBS-989 (0L6) ixr.iI I1OS-989 (0L6) cauoyd OSSO8 'o'spu \ I anuu uap1EJ 059 �NI `s iOAanxng ONI}j wawa ma Mon.lo Wiin W =RA WIVR W✓e did WPM rw O(8 'CO )1311130343/ 133WS 1311301 10tA♦ 0YOB 33'•1 M1RfiO3tu !0 IkYX ♦ '0M 3RO23R OM1 HMV/3.3H131 ll OVOa uNf103 O13M tri lit! ,t1; pit t: i aid t 111 ifik •1 { IL S a 1 i t as ■ I {I 1.31 i It if!! tii F ft+ 1 %I, fE'l 1i.Ri I- • ,t R•ta It. ,•j ,tt , tt ill I IfEel ip, !aI,!,II..111di• 1is t.► EI L. .1' 1111' tai {1• i; I i. 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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- LtdZ5VUQsEK6XCN6AB1gME2Do-xYpmaSHN6FASUUgekjqarbUVYQsFFL6Qm3o2ygbd42a9Ew8hAwh- xKvxYY1NJ4SyrppjvKehhdQ4EnfczgDYEb> 1 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 Hello