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HomeMy WebLinkAbout20090467.tiffRESOLUTION RE: APPROVE PETITION AND AGREEMENT FOR ANNEXATION OF A PORTION OF WILLIAM BAILEY AVENUE (ANNEXATION AND REZONE #9) 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 William Bailey Avenue (Annexation and Rezone #9) 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 William Bailey Avenue (Annexation and Rezone #9) 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. 0 0 Pt, IOW, c -, FREDouctic 2009-0467 EG0060 O3 -(g---O1 PETITION AND AGREEMENT FOR ANNEXATION OF A PORTION OF WILLIAM BAILEY AVENUE (ANNEXATION AND REZONE #9) - 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: £1 WelfJ-County Clerk to the BY. AP f Depp Clerks the Board EXCUSED torney Date of signature• d ID3ixoci BOARD OF CO TY COMMISSIONERS WELD ASUN OLORADO Douglas'"ademache , Pro -Tern Seary,P. Conway Kirkmeyer David E. Long 2009-0467 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, 2ennifer 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 -Tern Sean P. Conway Barbara Kirkmeyer David E. Long Attachments pc: Approve Schedule Recommendation Work Session X Other 2009-0467 M:\FORMS\Work Session Request.doc 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: Town of Frederick Annexation and Rezone #9 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 PRE -APPLICATION MEETING WAS HELD WITH: JS ❑ Minor Modification ❑ Minor Subdivision Replat ❑ Oil and Gas Drilling ❑ Preliminary Development Plan ❑ Preliminary Plat ❑ Site Plan ❑ Sketch Plan ❑ Street Name Change ❑ Subdivision Amendment ❑ Telecommunication Facility ❑ Temporary Use ❑ Vacation of ROW or Easement ❑ Variance/Waiver ❑ Vesting Property Rights ❑ Zoning Compliance Letter ❑ Zoning Map Amendment ❑ Written Interpretation ❑ Other DATE: PROJECT INFORMATION: Annexation of ROW Applicant's Name: Town of Frederick Address: 401 Locust St., Frederick, CO 80530 Phone/Fax: 303.833.2388/303.833.3817 Relation to Property Owner: Another governmental entity Is site within Frederick Planning Area? X Yes Legal Description of Property (location within section, section, township and range): See attached Project Location: William Bailey Avenue Existing Use: ROW Proposed Use: ROW Existing Zoning: Weld County Agriculture Proposed Zoning: BLI o No TOTAL ACREAGE OF PROPERTY UNDER CONSIDERATION: 1.212 Acres Number of Existing Residential Lots: 0 Number of Existing Commercial Lots: 0 Number of Existing Industrial Lots: 0 ADDITIONAL CONTACTS: Property Owner: Weld County Number of Proposed Residential Lots: 0 Number of Proposed Commercial Lots: 0 Number of Proposed Industrial Lots: 0 Consultant: Address:915 Tenth St. Greeley, CO 80632 Phone/Fax: 970.336.7204/970.352.0242 Address: 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): Collector Roadway Public Facilities: IMAGE AND DESIGN Gateway: o 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 o No Sensitive Wildlife habitat area: ❑ Yes o No TOWN PATTERN PLAN Land Use DesIgnation(s): SUBSIDENCE AND OIL AND GAS Subsidence area: ❑ Yes o No Oil and/or gas wells: o Yes ❑ No CERTIFICATION: I certify that I am the I owner of the parcel(s) of land which this application concerns and consent to this action. , Owner: / Date: 02/18/2009 Chair, Weld unty Commissioners , William F. Garcia I certify that the Information and exhibits I have submitted In filing this application I ng with the knowledge are true and correct to the best of my knowledge. and consent of the property owners. I understand Frederick must be submitted prior to having this Date: l5//6/a, that all materials an ui by the Town of application pr Applicant: Mayor, Town of rederick 2 Town of Frederick Annexation and Rezone #9 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. j• 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. 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 BLI, Business Light Industrial District. 3 O 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. of — William F. Garcia 02/18/2009 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 18th day of February ,20 09 by William F. Garcia My commission expires: '3`1 /aLY`9 Witness My Hand and Official Se Landowner/Petitioner Mailing Address: Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print William F. Garcia, Chair Landowner/Petitioner: Weld County Board of Commissioners Mailing Address: 915 10th Street, Greeley, Colorado 80631 Date: 02/18/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 5 EXHIBIT A Town of Frederick Annexation and Rezone #9 Legal Description: A parcel of land located in the Northwest Quarter (NW1/4) 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 feet 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. 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. 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: 5k / Y' Witness My Hand and Official • t,,OTAFV 3 nUB01O oo�,. P4 Y 19.2009 6 5. ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and executed this ' i day da 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 Pinal.dt 11111111111 IIIIII 11111 IIII 1111111 11111 III Ilill 1111 IIII 3687509 04/19/2010 10:54A Weld County, CO d4-98 1 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recorder 2 ANNEXATION AGREEMENT Final.doc 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 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. 1 LH 1111131111 Ell 3111 lllll 111 EMIT III 3687509 04/19/2010 10:54A Weld County, CO 2 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recorder 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: AI1EST: "" COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the STATE OF COLORADO: By: Deputy Cler t o the ATTEST: By: 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 S • • DO By: nc E. Doering, Mayor 11111111111111111111111111 11I\10:5a % 3 of 13 0I\%%\ III 111111111 III\ Recorder 0466 001 D 0.00 Steve Moreno R 3 ANNEXATION AGREEMENT Fioal.doc EXHIBIT A Proposed Road Segment and Adjacent Real Property Annexations 11111111111 II 11111 IIII 1111111 IMO 111111111 ill 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 SW I/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°1023" 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°1T00" 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. 1111111 IIIII 111111 IIIII IIII 1111111 IIIII III IIIII liii 101 3687509 04/19/2010 10:54A Weld County, CO 5 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recorder 5 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 (NW1/4) 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 SW 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 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" 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. 11111111111111111IIIIIIIII111111111111III11111Ell HI 3687509 04/1912010 10:54A Weld County, CO 6 of 13 R 66.00 U 0.00 Steve Moreno Clerk & Recorder 6 ANNEXATION AGREEMENT F nai.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. 11111111111111111111111111111111111111!ill NNE 1111 3687509 R 04/19/20106.00 10:54A Weld County, c0 7 of 130 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°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 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 (SW1/4) 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 SEl/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 NEl/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 11111111111111111Until DEFINE T11111111111 3687509 04/19/2010 10:54A Weld County, CO 8 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder THENCE North 00029149" 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 so. 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. I Hill 1111111111111111111111111�111111111111111111111 3687509 04/19/2010 10.54 Weld County Co 9 of 13 R 66.00 D 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 (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. 1111111 11111 111111 11111 /III 111111111111111111111III /III 3687509 04/19/2010 10:54A Weld County, CO 10 of 13 R 66.00 D 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 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. 11111131111 111111 I I I1111111 N I I III 1111111111 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 (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 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" Fast 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. 1111111 11111 111111 11111 Iiil IIIIIII 11111 III II1111 III IIII 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 -S Town Of Frederick Enclave Annexation No. 9 A parcel of land located in the Northwest Quarter (NW1/4) 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 feet 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 comer 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. 11111 UN 111111111 11 \\1\%\111111 III II\ I11\I1\ 3087509 0411912010 10:6O Weld CountY, COClerk & 13 0l 13 R 66.00 D 0.00 Steve Moreno Recorder 13 ANNEXATION AGREEMENT Final.doc dding Hollow Pkwy/CR18 \ L - .. . . . 081 • ft // to • i cc - , f -- co -- �31IV8 Wt/IIIIM in N - 1 l b0 /PAIB u3 -1l8 .Ia^I!S L l co r 2� Town of Frederick Frederick Town Boundary 0 N In 0 co N 0 rn 0 Annexation 9 • kon a FILE NAME: 2007048ANX-09 8 `8 Y a o m < in Y y�yI b tZ8S 989 (0L6) '��3 I tOS 989 (0L6) :auogd 0£S08 '00 'NO12l3O321d 133MIS 1S(1001 lO4 S£4 X08 '0'd S N E 1 SHEET 1 OF 1 �oia3a3ad Jo NMol 6 '0N 3N0Z32� 0NV N0LLVX3NNV ioleJ3a3eu JO OL OSS08 opezoioD `�ospui� `J anuQ uapn 0S9 �� �\ 9O/o�/U 3d SLN3nno� a34 o3s�3e •DL�L QD11a11Q1 1 o1�L1 #Y' •, GIN0 SNOISIA321 �$V0 F-1 H w x H IL( O rH V l co OO Za C/DO � LCn IC 7 ITV r:44 Lis cLt WO OZ 1-c;)4 G=± L14 0 0 O [ Y • D O O •0 O S U T C o u u0 -41,0 3� •.g W u co c 5 OR 21" Ed sgz 000 �< Ow etz 5< 26 }SZ co passed and adopted at the regular (pedal) meeting of the Board of Trustees of D z Frederick, Colorado, held • Nanette S. Fornof, Town Clerk Doering. Motor W Y W V r of certain lands in Weld Cowty, E t 0 N 0 O Y3 o 473 J a 15 0 .c '0 • O Ord V cc.2 O W W z C CC 06 VN st Kathy Larson, Secretory v 2 RL 8z a 5E • =Ns 73 S a u P mewoi « o 3 sa Y� po5 2 2. Lea 0 E °3 S y 5 �E • ac S '— 0 e C a o W Ni ,S6•QCOS 3,0C•00.OON (SON01V3H !0 SISVB) J, J ,L17.6 LC L M.0£,00.00S a 1 0 0 Executed this r. :A- 4 ;id I — 413A4— -• 4''a _._.----- • • y %j\ L. W Deb CZ . 7 . w , W 1 R 1 CC w 0 0 N ,LZ'6l£ l 3e0£,00.00N W J Q N w J CO I- r W Z J C, wZ S N h U Z m N N 0, 2 2 W Z J J 2 J -L 0 0 La z zxJ Z ALIQUOT CORNER 5, ft, w 5 Enw 00 a v EN Nzc N N N 3 N • e acz 'tar. m u m V WK N rrr I 8v' Oral 'Vs •Lh{i0DL0U,L 7.0•PKTIW.O[06L'�VW 0400t\d EllE iniprr R,[j 1, _ ` rK fiti 1. P7 111 r.� o "MIMI j_� 4413-1111-1477 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 SW 1/4 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 #21 — 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 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 #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, 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 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 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 Pure am la the zoning aws of the Slate ofCoorado and the Weld Courey Cede; apµbllc hearing will be held In the Chem-'' bare f TheM Commissioners of Weld -County. Cob •Weld Board ntennnfM Center, 915 10111 Street, First Floe Greeley, t olerada tt0631, at the time specified if a court repo r-lodeslred; Arose advise the Clerk to **Board, In writ- ing, least Redeye odor to the hearing. The cost otengaging a reporter (*hall be borne by the requesting party. In accor da wththe Americans with Disabilities Act, ft special accom m ions are required in order for you topamGpate in this head g, please contact the Clerkto the Board's Office riat(970)(970)336- com 15, Scase Extension may bye' exxaamoriedln the ooffice of of thetrery'to. the rd of:.. Cent r, 915 County Street Third Floor, Greeley, CndryoraCentennial o eB 631. -" E- messages sent to an individual Commissioner may not be Indu d in the case file: To ensure induelon of your E -Mall car - re dance into the case file, please send a copy to egag DAT : February 18, 2009 TIM 9:00. a.m. .. APP (CANT Weld aunty Board of Commissioners 9151 Street G Colorado 80891'.^ REO ST: Consider Eight Petitions forAnnexation of Portions of my Road 16 (Enclave Annexation and Rezone #1 and #2), Cou Road 11 (Enclave Annexaeen end Rezone #3 and R4), C Roaq 18 (Enclave Annexation and Rezone #5), County Road 13 (Annexation and Rezone #6 and #8); and William Sal Avenue (Annexation and Rezope #9) to the Tin of Fre-- '. den andauthenze Chair to sign LE DESCRIPTIONS:. ';Tt, Coo Road 18 (Enclave Annexation end Rezone a1)=7hat p of the County Road 16 rightot wa tying in the SWIM of 29; Township 2 North, Range 67 West of tire 6th P.M. Weld unty, Colorado, as more precisely described In Exhibit A, had hereto and Incorporated herein by this reference, Coo Road 16(Enclave Annexation and Rezone #2) - That po of the County Road 16 right-of-way lying In the SE1/4 of Sect n 2T, the SW1///4 of Section 26, the NW1/4 of Section 35, and a NE1/4 of Section 34, all in Township 2 North, Range 88 Westpf the 6th P.M., Weld County, Colorado, as more precisely described in Exhibit A, attached hereto and Incorporated herein by thi reference Cou Road 11 (Enclave Annexation and Rezone a3) - That po of the County Road 11 dght-of-way lying in the SW 1/4 of SWeld eed 24, n yy,, Colorado, as more precise?? y 88 West described the nlExn Eh P xhibit A, a had hereto and Incorporated herein by this reference. Cou Road 11 (Enclave Annexation and Rezone #4) - That pons of the County Road 11 right-of-way lying in the E1/20( Sad 26, and the W1/2 of.Seo'bn 25. all in Township 2 Nor, Ran 68 West of theepl P.M.. Weld County, Colored% as more p ly described In Exhibit 'A, attached hereto and moo rated herreehIn by this reference. - Coo Road 18 (EnclaveAnnexation end Rezone e5) -That port of the. County Road 18 right-of-way lying In the NW1/4 of 25, Tow'yhlp 2 North; Range 68 West of the 6th P.M.. Weld , Colorado; as more precisely described In Exhibit A, a eretoand rated herein by this reference"u Cou Road'g3 (Annexation. and Rezone #6) - That' portion of the Road"f3 right-of-way lying In the SW1/4 of Section stitp2Nrlyd), Range 67 West of the 6lhPM Weld C ,Colored% as more precisely described m ExNbtt '' �•- ate hereto end Incorporated herein by thiarefefenca. C the Road 13 (Annexation andfezone #6) -That portion of My Road 13 right-of-way Moo in the SW1/4 of Section 30, T 2t1OM, Range 87 _ of the 8th PM.; Weld Cou , Colorado, as more precisely described In Exhibit A, a hereto and incorporated herein by this reference. Town Frederick- William Belley Avenue (Annexation and Reno 11%)). That portion of the William Batley right-of-way lying ,. in the. W1M of Section 25, Township 2 North, Range BB West of the P:M., Weld County .Colorado, as more pretiesly desert in Exhibit A, attached hereto and incorporated herein by thi reference. BOA OF COUNTY COMMISSIONERS WE COUNTY, COLORADO DATED: February e, 2009 The TQlbune Fe buo2009 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 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 '16/10 Advertising Clerk 13th day of February 2009 My Commission Expires 06/14/2009 Notary Public 44e W�i'oG February 5, 2009 Dom and Ana Kickbush 9942 Grove PL Westminster, CO 80031 Re: Request by the Town of Frederick, Colorado, to Approve Petitions to Annex William Bailey Avenue 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 Dear Dom and Ma Kickbush: 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 William Bailey Avenue. Records of the Weld County Assessor show that you own property which abuts and/or accesses this road. This annexation of the road will result in the annexation of the west 40 feet of William Bailey Avenue for a length of approximately 1319 feet. Currently, Frederick already has responsibility for the maintenance of the rest of William Bailey Avenue. This road annexation will result in Frederick's maintenance of all of this stretch of road, as 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. pc: Clerk to the Board Pat Persichino EXHIBIT A Town of Frederick Annexation and Rezone #9 Legal Description: A parcel of land located in the Northwest Quarter (NW1/4) 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 N'W1/4 /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 NV/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 1/4 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 /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. 7 CERTIFICATE OF MAILING oa) rn c O n O a)CL m E co en c m .c CO CO N U 2 � o U CT, O E Z C) a) O co ` a) O C • D L N O � C O a) U 2 d U N a3 a as• a 2a) It aiii a) W C C O O yO V a) - L a) o c U O O) X' >. 3 c O 0 C o a) a• 4) 3 O C+' N V CO a) Q N C 0 O • N v L m Cu ~ N a) = a —a) § DATED this 6th day of February, 2009. ZIPCODE O O 0 34997- 2117 80504- 9488 80520 80504 80504 80504 80504 80504 I 80504 80530 O 0 o0 80504 80504 80504 80504 80504 STATE N 00 -J 00 031 00 00 00 00 00 00 00 00� 00 00 00 0 0 00 ICITY Westminster ea 7 co— C O E C J a) C O 2 CO LL Longmont Longmont Longmont Frederick Longmont Longmont Frederick Longmont Longmont C E ' C JJJ C E C' C E C' Longmont ADDRESS2 4708 SE Balsawood TER ADDRESSI 9942 Grove PL pema1S Sewer o/a 5656 CR 18 PO Box 5 5366 CR 18 5406 CR 18 5436 CR 18 5466 CR 18 5336 CR 18 5325 CR 16.75 PO Box 625 J 2344 Bowen ST 5451 CR 16.75 5264 CR 16.75 7662 CR 11 7592 CR 11 7502 CR 11 CL w z 9 0 a Judith Willmott George Scott Jr W 2 C Z Dom and Ana Kickbush Howard Stewart Trustee Dwight and Kathleen Sandin Michael and Yolanda Martinez Arthur and Jodi Willden David and Beverly Heussmann Mark and Candice Robertson Donald and Elinor Kennedy Tamra Conner-Helsley f Thomas and Rhonda Pratt Fred and Patricia Greenfield Jr. Leroy Layer Dianne Petermann Gina -Mane Rhoads Virginia Brozovich buods aoAof pue pined Charles and Glenda Erskin r O H m O N M N- 4 0 0 e g0 0 0 0 0 M0 e e e e e 0 e e e e e e e e e e e e e e e e e e e e Owl e e e e e e e e e U W u) W O N N O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 e 0 0 0 0 0 0 0 0 0 0 0 a O N N- O) N 40 W N N N N W W 4 1n N N N N N I() U) N U) N N N N 10 N 10 N N N N N N N N N N 111) W N N N N NWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWNWWWWWWWWWWW W rOO-J 000OOOO00000000OOOOOOOOOOOOOOOOO 00000000000 w 0 o 2 LL 0 0 0 o 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ol- 0 0 0 0 0 0 0 0 0 0 0 LL' w F W W F F F F Y F F Y F F F F F F F 0 0 0 0 0 0 0 0 0 0 0 0 Yin WY 0 0 0 0 0 0 0 W • Z Z Z Z Z Z 2 U Z Z U Z 2 Z Z Z Z Z 0 000 0 000 0 000 OZ ZOOOO 0 0 0 0 0 OOZO Z 0 0 -CC x0000000 wOOwOOOOOOOwWWWWWWwWWWWWO<OwwwwwwWWOW 2w<OFF000000000000000wwwwwwwwwwwwwF Fwwwwww0020 Hw - Z- Q C7 m N z z z z w z' Z w z z z z z 0 Z w w w w w w 0 o 0 0 0 0 O N g- w w w w W W O O(r o WW?®oXI0000U00U0000000U.U.U.U.UUrrUUU.U.U.U.CU.UUUU.ILILU.UUU U> O Y (n J LL LL J J J J LL J J 11 J J J J J J J LL LL LL LL LL LL LL LL LL LL LL LL LL LL O LL LL LL LL LL LL LL LL LL LL LL ADDRESS2 4708 SE BALSAWOOD TER O 0 N n M M e 0 04tr OO %wo >FO J O) J mom W Q W 2Oz C0OWO ▪ J N W OLij K Z K U. 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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 Hello