HomeMy WebLinkAbout880563.tiff RESOLUTION
RE: APPROVE PETITION FOR ANNEXATION TO TOWN OF MEAD AND
ANNEXATION AGREEMENT AND AUTHORIZE CHAIRMAN TO SIGN
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, a Petition for Annexation to the Town of Mead and an
Annexation Agreement have been presented to the Board, in order to
eliminate jurisdictional and maintenance problems of Weld County
Road 34 for the Town of Mead and Weld County, and
WHEREAS, said documents concern a parcel of land being part
of the right-of-way of Weld County Road 34, and being part of the
Si of Section 10 , and part of the Ni of Section 15, all in
Township 3 North, Range 68 West of the 6th P.M. , Weld County,
Colorado, containing 2. 682 acres, more or less, and
WHEREAS, after study and review, the Board deems it advisable
to approve the Petition for Annexation and Annexation 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
Annexation to the Town of Mead and the Annexation Agreement be,
and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Petition and Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
July, A.D. , 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: /l` YJ WEL UNTY, COLORADO
Weld County Jerk and Recorder
and Clerk to the Board Gene R. Brantner�an
1.
BY:�tC.W. Kirby, Pro em
Deputy County29thrn
erk
EXCUSED
APPROVED AS TO FORM: Jacquel ' e so
County Attorney
Frank amaguc i
Cr) 1 6 '
/)/ �_ ,: 880563
PETITION FOR ANNEXATION
TO: The Honorable Mayor and Board of Trustees of the Town of
Mead, Colorado
The undersigned, being the owner of 100% of the area herein
proposed to be annexed for the Town of Mead, Weld County, Colorado
as shown on the annexation plat and described generally as
follows : A parcel of land being part of the right-of-way of Weld
County Road Thirty-Four (34) , and being part of the South Half
(Si ) of Section Ten (10) , and Part of the North Half (Ni) of
Section Fifteen (15) , all in Township Three (3) North, Range
Sixty-Eight (68) West the Sixth Principal Meridian (6th P.M. ) ,
Weld County, Colorado, and containing 2 .682 acres of land, more or
less , and being more particularly described in the Weld County
Road 34 Annexation Plat which is attached hereto and incorporated
herein by this reference, respectfully alleges and states as
follows :
1 . The territory proposed to be annexed is unincorporated
and not embraced within any city or incorporated town;
2 . It is desirable and necessary that such territory be
annexed to the Town of Mead;
3 . The requirements of Sections 4 and 5 of the Municipal
Annexation Act of 1965 (C.R.S . Section 31-12-104 and
31-12-105 , as amended) exist or have been met in the
following particulars:
A. Not less than 1/6 of the perimeter of the area
proposed to be annexed is contiguous with the Town
of Mead;
B. A community of interest exits between the area
proposed to be annexed and the Town of Mead; said
area is urban or will be urbanized in the near
future; said area is integrated with or is capable
of being integrated with the Town of Mead. The
area proposed to be annexed is 1/2 the road
right-of-way, the other half of which has
previously been annexed by the Town of Mead;
4 . The owner of 100% of the territory included in the
territory proposed to be annexed has signed this
petition;
5 . The annexation will not result in a detachment of area
from one school district and attachment of the same to
another;
Page 1 of 4 Pages 880563
6 . In establishing the boundaries of the territory proposed
to be annexed, no land held in identical ownership,
whether consisting of one tract or parcel of real estate
or two or more contiguous tracts or parcels of real
• estate, has been divided into separate parts or parcels
of real estate without the written consent of the
landowner or landowners thereof, except and unless where
such tracts or parcels are already separated by a
dedicated street, road, or other public way;
7 . In establishing the boundaries of the territory proposed
to be annexed no land 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 comprising 20 acres or more which, together with
the buildings and improvements situated thereon have an
assessed valuation in excess of $200 ,000 for Ad Valorem
tax purposes for the year next preceding the filing of
the written petition for annexation, has been included
within the territory proposed to be annexed without the
written consent of the landowner or landowners;
8 . The territory proposed to be annexed does not include
any area which is the same or substantially the same
area in which an election for an annexation to the Town
of Mead was held within the 12 months preceding the
filing of this petition;
9 . The territory proposed to be annexed does not include
any area included in another annexation proceeding
involving the city or town other than the Town of Mead;
10 . The property owned by each petitioner is described on
each separate signature sheet and, when needed,
described more fully in the exhibits attached hereto and
incorporated herein by reference;
11 . Accompanying this petition are the original and four
copies of an annexation plat 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;
C. Within the annexation boundary map, an
identification and location of each ownership tract
and unplatted land and, in part or all there is
platted, the boundaries and the plat numbers of
plots of lots and blocks;
880563
Page 2 of 4 Pages
D. The boundary of the area proposed to be annexed, a
drawing of the contiguous boundary of the annexing
municipality and the contiguous boundary of any
other municipality of budding area proposed to be
annexed;
E. A surveyor's certificate prepared by a registered
land surveyor that attests to the preparation of
the map that certifies at least 1/6 contiguity to
the Town of Mead;
F. Acceptance block describing acceptance action of
the Town of Mead and providing for the effective
date and Town Clerk and Mayor attestation
signature;
G. Notary Public signature block; attesting to the
authority of the Mayor to execute acceptance of the
annexation.
12 . Except as otherwise provided, no part of the territory
sought to be annexed is more than three miles from a
point on the municipal boundary, as such was established
more than one year before this annexation will become
effective.
WHEREFORE, the undersigned respectfully petition of the Board
of Trustees of the Town of Mead, to annex the territory described
and referred to in this petition to the Town of Mead in accordance
with and pursuant to the statutes of the State of Colorado.
BOARD OF COUNTY COMMISSIONERS
ATTEST: / t/t4tJ WELD CO TY, COLORADO
Weld County� 2t�nd Recorder
and Clerk to the Board By: Aiterat
�� �yy,� � hairman
BY ell L� �11�
Deputy County Clerk
July 13, 1988
Date
SUBSCRIBED AND SWORN to before me this J3 — day of
, 1988 .
WITNESS my hand and official seal.
Notary Pub is
My commission expires: 4-4- 9O
Land owned: entire parcel to be annexed.
880563
Page 3 of 4 Pages
AFFIDAVIT OF CIRCULATOR
State of Colorado )
ss.
County of Weld
Donald D. Warden, being first duly sworn, states upon oath
that he is a Circulator of the Petition to which this affidavit is
attached and knows of his own knowledge that the signature of each
land owner appearing on said petition is a signature of the person
whose name it purports to be.
Do 1 rd
SUBSCRIBED AND SWORN to before me this /3t day of
19 le" .
WITNESS my hand and official seal .
So, --74--1,ce-e--
Notary Public
My commission expires: 6 -sC-f0
880563
Page 4 of 4 Pages
ANNEXATION AGREEMENT
THIS AGREEMENT is made this day of , 1988 ,
by and between the Town of Mead, Colorado, a municipal corporation
(hereinafter called "Town") , and Weld County, Colorado, a
County and political subdivision of the State of
Colorado (hereinafter called "County") .
WITNESSETH:
WHEREAS, the County owns property immediately adjacent to the
corporate limits of the Town of Mead generally consisting of the
south half of the right-of-way of Weld County Road 34 between the
actual boundaries of the Town of Mead and the right-of-way for
Interstate 25 and a small portion of the North Half of said
right-of-way adjacent to the town boundary, and
WHEREAS, it is the County' s intent, by this agreement, to
provide for a cost sharing of the paving of Weld County Road 34
from Interstate 25 to the western boundary of the incorporated
limits of the Town of Mead, and
WHEREAS, the current situation of the split jurisdiction on
Weld County Road 34 in the area east of the Town of Mead presents
a jurisdictional and maintenance problem for both the Town and
County, and
WHEREAS, certain portions of Weld County Road 34 have not
been properly recognized in years past as being within the Town of
Mead and, as a result, there have been inequities in the payment
of highway users ' trust funds to the Town relative to Weld County
Road 34 as extended through the Town of Mead, and
WHEREAS, the Town and County deem it advisable to execute an
agreement concerning the pavement overlay in consideration for the
execution of a petition for annexation to the Town by the County
and in settlement of any claims Town may have concerning highway
user' s trust fund or property tax distributions relative to the
boundary of the Town of Mead.
THEREFORE, in consideration of the mutual promises and
covenants contained therein, and other good and valuable
consideration, parties to this agreement, the Town of Mead and the
County of Weld do hereby agree as follows:
1 . That the County agrees to make certain improvements on
Weld County Road 34 from the right-of-way for Interstate
25 to the western boundary of the Town of Mead. These
improvements shall include the leveling of the course
and the filling of potholes in the existing roadway and
the laying of a 2" asphalt mat on the existing asphalt
Page 1 of 3 Pages 880563
surface over the entire length of the project excluding
those areas within the corporate limits of the Town of
Mead consisting of concrete intersections with the
railroad and intersecting roads;
2 . That the cost of such improvements is estimated to be
Thirty-Eight Thousand Five Hundred and Thirty-Four and
No Hundredths Dollars ($38 ,534 .00) with the expense to
be shared equally between the Town and County;
3 . That the parties agree to share the cost of paint
striping the length of the project which cost is
estimated to be Seventy-Nine and No Hundredths Dollars
($79 .00) per party.
4 . The Town shall pay 1/2 of its 1/2 share of the total
cost within 30 days of completion of the project with
the remaining cost plus 10% per annum simple interest to
be paid by February 1 , 1989;
5 . The work shall be performed according to the
specifications of the Weld County Engineer and an
engineer designated by the Town of Mead shall have an
opportunity to inspect the project;
6 . Nothing in this agreement, or the fact that it was
entered into, shall be construed as limiting in any way
the City' s freedom of choice as to future annexations,
in order to require the City to impose conditions on
such future annexations similar to the conditions
imposed by this agreement;
7. This agreement constitutes the entire agreement between
the parties; no practice, stipulation, understanding to
memoranda shall be construed as in any way modifying,
altering or amending the terms and conditions hereof;
8 . This agreement shall be binding upon and for the benefit
of the successors or assigns of the parties to this
agreement. This agreement may be amended at a future
date with the mutual consent of both parties;
9 . If any provision of this agreement is subsequently
declared by legislative or judicial authority beyond
lawful, unenforceable or not in accordance with
applicable laws, statutes or any regulations of the
United States of America and the State of Colorado, all
other provisions of this agreement shall remain in full
force and effect;
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IN WITNESS WHEREOF, the parties hereunto have executed this
agreement the day and year first written above.
TOWN OF MEAD, COLORADO
ATTEST:
By: By:
Town Clerk Mayor
APPRPOVED AS TO FORM:
City Attorney
‘727 �t/�- � BOARD OF COUNTY COMMISSIONERS
ATTEST: YA.A 1A .J WELD CO NTY, COLORADO
Weld County erk and Recorder
and Cl k to the Board By:itet , • /Jn /! Gene R. ran ner, Chairman
By: �j�.� C (! A
Deputy County C erk PRO:El/AS TO F
County Attorney
880563
Page 3 of 3 Pages
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