HomeMy WebLinkAbout20090464.tiffRESOLUTION
RE: APPROVE PETITION AND AGREEMENT FOR ANNEXATION OF A PORTION OF
COUNTY ROAD 18 (ENCLAVE ANNEXATION AND REZONE #5) 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, the Board has been presented with a Petition for the Annexation of a Portion
of County Road 18 (Enclave Annexation and Rezone #5) 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, the Board has reviewed the 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 18 (Enclave
Annexation and Rezone #5) 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.
2009-0464
EG0060
PETITION AND AGREEMENT FOR ANNEXATION OF A PORTION OF COUNTY ROAD 18
(ENCLAVE ANNEXATION AND REZONE #5) - TOWN OF FREDERICK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of February, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY -
Depbty Clerk .to the Boa
APPROVED
7
ttorney
David E. Long
Date of signature. 91a.3[a Dog
BOARD OF COUNTY COMMISSIONERS
WELD COU /hCPL-O�ADO
illiam F. Garcia, Chair
ougla: Rademach:r, Pro -Tern
EXCUSED
Sean P. Conway
Vl i
arra Kirkmeyer
2009-0464
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 will 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.
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
BOARD OF COUNTY COMMISSIONERS
REVIEW/ WORK SESSION REQUEST
RE: Town of Frederick Annexations
DEPARTMENT: PUBLIC WORKS DATE: January 22, 2009
PERSON REQUESTING: David Bauer / Don Carroll
Brief description of the problem/issue: Consider eight petitions from the Town of Frederick for road
annexations including portions of WCR 16, 11, 13, and 18. The town's benefit from these annexations is to
consolidate previously annexed half roads, consolidate town ownership of right-of-way, and simplify
maintenance responsibilities and scheduling under one entity. The proposed road annexations include paved
and gravel roads. The enclosed small binder has proposed plats for annexations 1 — 6, 8 and 9; there is no
annexation numbered 7.
This set of annexations is scheduled to be heard by the BOCC on February 9, 2009.
What options exist for the Board? (Include consequences, impacts, costs, etc. of options)
The proposed annexations `clean up' partially annexed roads. The proposed annexations do not impair access
to adjacent properties. The proposed annexations will remove 2.64 miles of roadway from the County system
thereby reducing maintenance costs to the county in areas generally surrounded by town maintenance.
Frederick is paying the cost of preparing the annexation plats for recording.
Recommendation to the Board: Approve the annexation requests.
William F. Garcia
Douglas Rademacher, Pro-Tem
Sean P. Conway
Barbara Kirkmeyer
David E. Long
Attachments
pc:
M:AFORMS\Work Session Request.doc
Approve Schedule
Recommendation Work Session
X
Other
2009-0464
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 18 Enclave Annexation and Rezone #5
DATE SUBMITTED:
APPLICATION FEE: n/a
TYPE OF APPLICATION:
X Annexation, Zoning and Concept Man 0 Minor Modification 0 Telecommunication Facility
❑ Annexation Agreement Amendment 0 Minor Subdivision Replat U Temporary Use
❑ Appeal of Administrative Derision 0 Oil and Gas Drilling C Vacation of ROW or Easement
❑ Code Text/Comprehensive Plan amendment/ 0 Preliminary Development Plan 0 Variance/Waiver
Planning Area Amendment
❑ Conditional Use Review 0 Preliminary Plat 0 Vesting Property Rights
❑ Conditional Use Site Plan 0 Site Plan ❑ Zoning Compliance Letter
❑ Final Development Plan ❑ Sketch Plan U Zoning Map Amendment
❑ Final Mat 0 Street Name Change 0 Written Interpretation
❑ Metropolitan District 0 Subdivision Amendment ❑ Other
PRE -APPLICATION MEETING WAS HELD WITH: IS DATE:
PROJECT INFORMATION: Annexation of ROW
Applicant's Name: Town of Frederick
Project Location: WCR 18
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: Another governmental
entity
Proposed Zoning: R-1, C -N, P, and C -C
Is site within Frederick Plannin. Area? X Yes o No
Legal Description of Property (location within section, section, township and range): See attached
TOTAL ACREAGE OF PROPERTY UNDER CONSIDERATION: 1.212 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:
Important Connection:
❑ Yes o No
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:
Sensitive Wildlife
habitat area:
o Yes o No
o Yes o No
TOWN PATTERN PLAN
Land Use Designation(s):
SUBSIDENCE AND OIL AND GAS
Subsidence area:
Oil and/or gas wells:
o Yes o No
o Yes o No
CERTIFICATION:
I certify that I am the lawf I owner of the parcel(s) of land which this application concerns and consent to
this action. k
Owner: Date: 02/18/2009
Chair, Weld un Comm 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 ap '.. '. . •. acting with the knowledge and consent of the property owners. I understand
that all materials :. • fe . req ed by the Town of Frederick must be submitted prior to having this
application pr. e.►r
Applicant: / Date: 340,
Mayor, Town o Frederick
2
Weld County Road 18 Annexation and Rezone #5
PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK
DATE: 02/18/2009
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
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, C -N, Commercial District, Neighborhood,
P, Public, and C -C, Commercial District, Community.
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.
C
02/18/2009
her - 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
of February , 20 09 by William F. Garcia
My commission expires: OS K
Witness My Hand and Official
NOT \
r'•.PUBt KCPUBAL 1R(ttC"
9 Or COG
Landowner/Petitioner Mailin ' ifafess
Chair of the Weld County Board of Commissioners
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
4
18th day
in, 1
RECORD OF LAND OWNERSHIP AND DATED SIGNED
Please print
William F. Garcia, Chair
Landowner/Petitioner: Weld County Board of Commissioners
Mailing Address:
Date: 02/18/2009
915 10th Street. Greeley. Colorado A06'1I
Legal Description of Land Owned:
See legal description in Exhibit A, attached hereto and
incorporated herein by this reference.
5
EXHIBIT A
Weld County Road 18 Annexation and Rezone #5
Legal Description:
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 of 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 o 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" Weet 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 sold 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 018 Annexation;
THENCE North 89'44'29" East along said South line a distance of 2640.78 feet to the POINT OF BEGINNING,
7
AFFIDAVIT OF CIRCULATOR
STATE 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
by your affiant and is the signature of the person whose name is purports to be.
r
Circulator
STATE OF COLORADO)
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this 18th day
of February , 20 09 by William F. Garcia
My commission expires: 51kij2alci
Witness My Hand and Official Se
`•.. Pun A)
- OF CAL
6
fLit
Publi
5�
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and executed this \'`" day of
2009, by and between the COUNTY OF WELD, COLORADO
(herein 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
111111111111 111111//111 1111 111111111111011111111111111
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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 mad 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 immunities the parties or their officers or employees may possess, nor
shall any portion of this agreement be deemed to have created a duty of care which did not
previously exist with respect to any person not a party to this agreement.
111111111 II/III 11111 /III 1111111 LIE III III /III
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ANNEXATION AGREEMENT Final.doc
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:
ATTEST:
COUNTY OF WELD, a political Weld County
Clerk to the Board Iasi `yi7 =i subdivision of the STATE OF COLORADO:
By:
Deputy Cler t 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
B
ric E. Doering, Mayor
111111111111 51316 %11111111eld1111111 III IIII% III\ ite r
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ANNEXATION AGREEMENT Finaldoc
07 9-0 38
EXHIBIT A
Proposed Road Segment and Adjacent Real Property Annexations
AIM HIII 111111 IIIII 1111111111111111 III 11111 IIII 1111
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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 00°10'23" 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 SW1/4 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.
111111111111111111 VIII 1111111111111111 III 1111111111111
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5 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recorder
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ANNEXATION AGREEMENT Final.doc
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 (SW1/4) of Section Twenty -Six (26), the Northwest Quarter (NW 1/4) of Section
Thirty -Five (35) and the Northeast Quarter (NE1/4) 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 SE1/4 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 SW1/4 of Section 26 a distance of 50.00 feet to the West line of the
HCT 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 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 SE1/4 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" Fast 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.
I 1111111111111111111111IIII111111111111III111111111lilt
3687509 04/19/2010 10:54A Weld County, CO
6 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recorder
6
ANNEXATION AGREEMENT Final.doc
EXHIBIT A-3
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°44'29" 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.
111111111111111111Mil 1111at! 11111ill III!!1111III!
3687509 04/19/2010 10:54p Weld County, CO
7 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder
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ANNEXATION AGREEMENT Final.do°
EXHIBIT A-4
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 (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 NEl/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 (NW1/4) of Section 25;
THENCE North 89°42'23" West along the South line of said SW 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 (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 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;
8
ANNEXATION AGREEMENT FinaLdoc
11111111111111111111111IIII1111111 HIM 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 existing easements and rights of way of record or as now existing on said described
parcel of land.
1nil 1111111111111111OHM Mill 1111111111111
3687509 04/19/2010 10:54A Weld County, CO
9 of 13 R 66.00 D 0.08 Steve Moreno Clerk & Recorder
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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 (NEI/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.
11111111111 HIM 11111111111111111111 111111111 Illi
3687509 04/19/2010 10:54A Weld County, CO
10 of 13 R 66.00 D 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 (SW 1/4) 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 SW1/4, 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.
11111 111111 HU III 1111 Nil III 111111 I I 11111
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 Fioal.do°
EXHIBIT A-7
Town Of Frederick Enclave Annexation No. 8
A parcel of land located in the Southwest Quarter (SW1/4) 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 fret 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.
1111111111111111111111 Ell 1111111 11111 III 111111 III IIII
3687509 04/19/2010 10:54A Weld County, CO
12 of 13 R 66.00 0 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 NW1/4
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 NW1/4 of said Section 25 a distance of 40.00
feet;
THENCE North 00°00'30" East along a line parallel with and 40.00 fed Westerly of, as measured at a
right angle to the East line of the NW1/4 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.
1111111111111111111111111111111111111111111111111111 %
3687509 0411912010
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13 of 13 R 66.00 D 0.00 Steve Moreno Clerk Recorder
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ANNEXATION AGREEMENT Final.doc
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Town of Frederick Annexations
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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 #31 — That portion of the County Road 11
right-of-way lying in the SW1/4 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 #41 — 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 #61— That portion of the County Road 13 right-of-way
lying in the SW1/4 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 #81— That portion of the County Road 13 right-of-way
lying in the SW1/4 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 #91 — 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
STATE OF COLORADO
NOTICE
Pursuant o the zoning: laws of the State of Colorado and the
Weld Count') Code, a public hearing will be held in the Cham-
bers of theBoard of County Commissioners of Weld County,
Colpradoi.Weld County Centennial Center, 915 10th Street, First
Floor, Greeley, Colorado 80631, at the time specified. If a court
reporter Isdesired, 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 Americana with Disabilities Act, If special accom-
modations please contact the Clerk to ired in order for the ou tBoardssl� cee nathis
(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 00631.
E -Mall messages sent to an individual Commissioner may not be
included In the case file. To ensure Inclusion of your E -Mall cor-
respondence 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 end 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 SW 1/4 of
Section29, Township 2 North, Range 67 West of the 8th PM.,
Weld County, Colorado, as more precisely described In Exhibt
A, attached hereto and incorporated herein by this reference.
County Road 16 ty(Enclave Annexation andRezone 1 #2) - That'
portion
Sectin 27, the SWf/4ofSectionRoad 16 2ylying
6, the NW1/4 of Sectionn the SE1/4 of
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 rightot-way lying in the SW1/4 of
Section 24, Township 2 North, Range 68 West of the fith 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 66 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 NW 1/4 of
Sectin 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 b)y this reference-
ortion of
tthe Couny Roadnty Road 13 right-of-way lyAnnexation and nx g In the zone eSW1- /4 ot f Section
31, Township 2 North, Range 67 West of the 6th P.M.Weld.
County, Coi�iado, as more precisely described In Exhibit A,
attached hereto and incorporated herein by this reference. County Road 13 (Annexation anylying
d Rezone #811- That portion of
the County Road 13 30, Township 2e
North, Range 67 West of the l
6th P.M., Weld
/4 of on
County, Colorado, as more precisely described in Exhibit A,
attachTown off Frd edericto k - Wid lliam Avvenurein ey(Annreference.
atid
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
The Tribune
February 13, 2009
SS.
Counts of Weld,
Jennifer Usher
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
February 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
Litt /2
Advertising Clerk
13th day of February 2009
My Commission Expires 06/14/2009
Notary Public
Curtis and Lettie Hedge
4967 CR 18
Longmont, CO 80504
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 18
Dear Curtis and Lettie Hedge:
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 the right-of-way on WCR 18 (also known as Godding Hollow
Pkwy.) between WCR 11 (also known as Silver Birch Blvd.) and WCR 13 (also known as
Colorado Blvd.). Records of the Weld County Assessor show that you own property which
abuts and/or accesses this road.
The annexation of this right-of-way will result in the annexation of additional land for a road
improvement project on WCR 18 between WCR 11 and WCR 13. Currently, Frederick is
responsible for the maintenance of that particular stretch of road, and this will enable Frederick
to complete the future road improvements it deems necessary for WCR 18. This road right-of-
way 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.
Since
,4ao/
t Weld County Attorney
pc: Clerk to the Board
Pat Persichino
EXHIBIT A
Weld County Road 18 Annexation and Rezone #5
Legal Description:
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.
7
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Brenda Phillips
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Faustino and Deanna Mora
I Arlen and Della Gupton
I Douglas Smith
I Dale Moore
I Bethany Pelosa
Jacob and Glenda Anderson
Jake Borunda
Edward and Elaine Harris
Fred Schlegel Jr.
I Charles and Jean Wilkerson
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David and Susan Honstien Trustees
Brian and Lisa King
Raymond and Denise Thompson
Dwight and Kathleen Sandin
Michael and Yolanda Martinez
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Herman and Darling Vigil Sr.
Delilah Vigil -Cortez
Dale and Marion Meyers
Gary and Karen Epperson
Arthur and Jodi Willden
David and Beverly Heussmann
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Lawrence and Linda Lopez
Beverly Enger
Jack and Connie Moyer
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identifies properties under Countyjurisdiction
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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,
Nanette S. Fornof, MM
Town Clerk
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