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RESOLUTION RE: APPROVE ANNEXATION AGREEMENT AND PETITION FOR ANNEXATION INTO CITY OF GREELEY 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 , Weld County owns property adjacent to Greeley' s corporate limits, said property being located between "H" and "O" Streets north on and west of 11th Avenue, and WHEREAS , the County intends to develop said property for various public services and facilities as well as to offer portions of the site for private industrial development, to be known as Weld County Business Park, and WHEREAS, the Board has been presented with an Annexation Agreement between Weld County and the City of Greeley and a Petition for Annexation concerning said property, copies of which are attached hereto and incorporated herein by reference , and WHEREAS, the Board deems it advisable to approve said Annexation documents in order to apply for financial assistance associated with capital improvements necessary for developing said site. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Annexation Agreement between Weld County and the City of Greeley and the Petition for Annexation be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is , authorized to sign the necessary documents concerning said Annexation. ?? ( /7 , 880202 Page 2 RE: ANNEXATION AGREEMENT WITH CITY OF GREELEY The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D. , 1988 . in LA v 7ewA4f-- BOARD OF COUNTY COMMISSIONERS ATTEST: tiri" WE COUNTY, COLORADO Weld County Clerk and Recorder ® and Clerk to the Board Gene R. BraY tner, Chairman BY----7 • O7J1-rn,�a� J.ti-1 a> C.W. Kirby, Pr -Tem uty County erk APPROVED AS TO FORM: J cq n nson 09 - ' G r , ,. County Attorney y ry._',>,.�' _, Frank amaguchi 880202 ANNEXATION AGREEMENT This Agreement is made this day of , 1988 , by and between the CITY OF GREELEY, COLORADO, a home _rule municipal corporation (hereinafter called "City") , and WELD COUNTY, COLORADO, a home rule county and a political subdivision of the State of Colorado (hereinafter called "County") . WITNESSETH: WHEREAS , the County owns property immediately adjacent to the City's corporate limits located between "H" and "0" Streets north on and west of 11th Avenue in Weld County, a site consisting of approximately 129 .78 acres, as more fully described in Exhibit "A" attached hereto and incorporated by reference (hereinafter called "County site") ; and WHEREAS , it is the County's inte'ht to develop said property for various public services -and facilities as well as to offer portions of the site for private industrial development; and WHEREAS, the County has expressed its desire to utilize City utilities and roadways as part of its property development, and WHEREAS, the City maintains a policy of priority service extension to properties located within its corporate limits; and WHEREAS , the County site is located within the City's Long Range Expected Growth Area as described in its Comprehensive Plan; and WHEREAS , the City and County have cosponsored an application to the Federal Economic Development Administration for financial assistance associated with the capital improvements necessary for the County's development site; and WHEREAS , the County has agreed to annex the County site to the City; and WHEREAS, the City has agreed to negotiate certain capital improvements associated with the County's development site; and WHEREAS, the City and the County deem it advisable to execute an agreement concerning those items in consideration for the execution of a Petition for Annexation to the City of Greeley by Weld County; THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the parties to this Agreement, the City of Greeley and Weld County, do hereby agree as follows: 880202 1. With the -anticipated construction of County owned and operated facilities, the County may opt to provide its own building inspection services. As provided for in the May 7 , 19130, Intergovernmental Agreement between the City and County, no building permit fees would be _required for these structures. This option may not be extended to the construction of private improvements or improvements that will be used by non-tax exempt entities on any portion of the County site. If any of the -publicly constructed facilities converts to private use on a lease or purchase basis, the City of Greeley's jurisdiction over future building permit requirements shall -apply and related permit fees shall be assessed accordingly. 2 . The County acknowledges and agrees to pay all other development fees as required by the City of Greeley including, but not limited to, street, drainage, and water and sewer fees at the time construction is commenced. Any fee structure applied to the County is to be the same as that applied to any other property owner in the City of Greeley. 3 . This Agreement acknowledges that the County and City have jointly sponsored a grant application to the U.S. Economic Development Administration for funds to be applied toward the completion of certain public improvements associated with the site. The following standards shall apply to the provision of said improvements: A. Streets: The City has a requirement for payment of arterial street fees for all developments for which a building permit is required. For full width arterial street improvements that the County completes on North 11th Avenue and/or "O" Street immediately adjacent to the County site, the City will credit the payment of said fees against the actual work completed to City standards. In no event will the City of Greeley give credit to the County for arterial street fees in excess of the fees that would be collected from the entire site. All other street improvements, including collector street development, shall be the responsibility of the County or subsequent property owners. B. Water and Sewer Improvements: The City shall initiate water and sewer service to the County site upon annexation and prior to completion of building construction. The County, and any subsequent property owners, shall install necessary lines of at least the minimum size deemed necessary to provide service to this area and sized in accordance with the City's Water and Sewer Master Plan and Project Management Manual . Any oversizing of said lines shall be recognized and defined by the City. The City's share of the cost shall be based on the difference in material cost only. The City shall be responsible for the local share of the oversizing cost difference only, the local share cost being that portion tf the actual cost provided by Weld County. Any future -880292 lines constructed with non-grant funds and defined by the City as requiring oversizing shall be oversized at the City's cost based on the difference in -material costs only. The County acknowledges its responsibility to provide raw water, or _cash in lieu of, to the City at a rate of three acre feet per acre. Said raw water exchange may occur at the time of building permit application and in phases as each legally recognized tract of land is developed. All other applicable fees (e.g. tap/plant investment fees) as required by the City apply to development of the County site. 4 . The County currently conducts a portion of its "Road and Bridge" operation from the County site. This operation currently involves the dispensing of Class I and II liquids from above ground tanks which is not permitted under the City of Greeley or the -Western Hills Fire Protection District Fire Codes. Upon annexation, the County will correct this violation and provide other life safety improvements as _may be required by the Greeley Fire Department. 5. The City agrees to work cooperatively with the County and the Colorado Division of Highways to address traffic safety and access concerns at U.S. B5 and "0" Street. 6. The County agrees to petition the City of Greeley for annexation of the subject site on or before June 1st or prior to the City's provision of utilities or services, whichever date is earliest. 7. The County anticipates consideration of a change of County zoning an the subject parcel which may be a Planned Unit Development designation to accommodate the variety of intended uses for the site. If such a zone change occurs, the City agrees that it will consider zoning the site in a like manner (PUD) under the City's present -Zoning Code. The County further acknowledges that the "vested property rights" associated with the County site shall not commence until the City zoning of the parcel occurs. B . The County agrees to cooperate with the City in the integration of this parcel's development into the City's floodplain management program and Poudre River Trail System. 9 . 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, nor to require the City to impose conditions on such future annexations similar to the conditions imposed by this Agreement. 880202 1n 1.13. This Agreement constitutes the entire Agreement between the parti-es; sto practice, stipulation, understandings, or memoranda shall be construed as in any - way modifying, altering, or amending the terms conditions hereof. 11. This Agreement shall be binding upon and for the benefit of the successors or assigns - f the parties to this Agreement. 12 . The County acknowledges that it is bound by all City -ordinances, resolutions and policies -except as modified by this agreement. 13 . This agreement may be amended at a future date with the mutual consent of both parties 14 . I₹ any provision of this agreement is subsequently declared by legislative or judicial authority to be unlawful, 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. IN WITNESS WHEREOF, the parties hereunto have executed this Agreement the day and year first written above. CITY OF GREELEY, COLORADO 14ELD COUNTY, COLORADO By l,�/Gt i it ayor- Chai -person,-.County Commissioners ATTEST: _ = ATTEST: time/ City Cler}c. unt Clerk and Recorder REVIEWED AS TO LEGAL FORM: APPROVED S TO FORM: City Attorne Coun y Attorney EXHIBIT A Tract A County offices and jail - 36 acres Land use description: Weld County correctional facilities including the housing of sentenced and pre-trial inmates, sheriff 's department patrol functions, administration and other related activities. Also contained in Tract A will lie an office complex for county administrative and service functions. Number of buildings. a maximum of 16 buildings. Building floor area: a maximum of 4E0 ,_000 square feet. Building height: a maximum of 36 feet from average finish grade to top of roof line. Type of structure: any materials allowed by applicable building codes except that _a minimum of S0% of exterior walls exclusive of fenestration, facing public right-of—way, shall be of concrete or masonry. Open storage areas : visual screening to be provided. Number of employees: estimate 10010 maximum. Tract B: Commercial and Industrial Uses - 45 acres Land Use Description: commercial and industrial uses limited to those described by the Weld County zoning ordinance for uses allowed by right and accessory uses in the C-3 and I-3 districts along with open storage. Number of buildings : A maximum of 22 industrial buildings . Building floor area: a maximum of 45-0 , 000 square feet. Building height: a maximum of 36 feet from average finish grade to top of roof line. Type of structure: any materials allowed by applicable building codes except that a minimum of 501 of exterior walls, exclusive of fenestration, facing public right-of-way, shall be of concrete or masonry. Open storage areas: visual screening to be provided Number of employees: estimate 1400 maximum. Tract C: Commercial and Industrial Uses — 24 . 5 acres Land Use Description: commercial end industrial uses limited to those described by the Weld County zoning ordinance for uses allowed by right and accessory uses in the C-3 and I-2 districts and open storage. Number of buildings: a maximum of 13 industrial buildings Building floor area: a maximum of 250 ,000 square feet Building height: a maximum of 31 feet from average finish grade to top of roof line. Type of structure: any materials allowed by applicable building codes except that a minimum of 500 of exterior walls, exclusive of fenestration, facing public right-of-way, shall be of concrete or masonry Open storage areas : visual screening to be provided Number of employees: estimate 800 maximum. B80Z ?2 The following is a list of the Uses proposed to be permitted in Tracts B and C: Schools, churches, and public school extension classes, public recreational facilities, community buildings, museums , libraries , police and fire stations and facilities, utility service facilities. Stores and shops furnishing services and merchandise at retail to the general public, restaurants including drive-in restaurants , nightclubs, bars, lounges and taverns , establishments for the sale and care of household pets, offices , private and commercial recreational facilities, hospitals, nursing homes and mental or physical rehabilitation centers , mortuaries and funeral homes , hotels or motels. Theatres , convention -halls and ether such facilities, gasoline service stations , car washes , -vehicle service/repair establishments, lumberyards , warehousing and transfer facilities, vehicle sales establishments for the sale, rental, or leasing or new or used vehicles or equipment, vehicle rental establishments , wholesale trade establishments for the sale of merchandise or services at the wholesale level, equipment or appliance repair shops, contractors shops, headquarters or service facilities for ambulance services, taxi services , bus services and other services involving the transportation of people, commercial or -private parking lots. Loading areas or structures so long as such areas or structures are screened from adjacent properties . one single family dwelling unit or one mobile home when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property. Any use of a research, repairing, manufacturing, fabricating, processing, assembling, or storage nature. The uses identified -may be conducted outside of an enclosed building provided that the use and/or operations of the use are screened from adjacent public rights-of-way and adjacent properties . Areas for parking vehicles or -equipment and open storage areas , so long as such parking areas are screened from the adjacent public rights—of-way and adjacent properties . Signs . Utility service facilities . Public school extension classes . Police and fire stations or facilities. Loading areas or structures only when screened from the adjacent public rights-of-way and adjacent properties. Recreational facilities for the use of persons employed in the conduct or maintenance of the uses allowed on the property 02,92 Tract D: County Storage, Shops , and Motor Pool - 24 acres Land use description: Weld County operational activities that can generally be described as storage , shops, and motor pool functions . Facilities In Tract D will include general warehouse buildings, structures for the storage, repair, and maintenance of County vehicles, maintenance shops , and related offices. Number of buildings : a maximum of 1D principal buildings . Building floor area: a maximum of 160 , 000 square feet. Building height: a maximum of 36 feet from average finish grade to top of roof line. Type of structure: any materials allowed by applicable building codes . **General Comment: The number of buildings permitted and square footage is _for informational purposes . They -express the planning objectives of the property. It is recngnizerl that until a _final PUD plan is approved by the -City of Greeley, these numbers do mot constitute any zoning appoval. 8f302n2 PETITION FOR ANNEXATION Weld County Business Park ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO. The undersigned, in accordance with Title 31, Article 12 , Chapters 101 et. seq. , Colorado Revised Statutes, 1973 , as amended, hereby petitions the City Council of the City of Greeley for annexation to the City of Greeley of the territory described herein and described and shown on the map designated 'Weld County Business Park Annexation. " Four (4) copies of said map are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation to the City of Greeley is set forth in "Exhibit A" attached hereto and incorporated herein by reference. In support of this petition, the Petitioner(s) allege that: 1. It is desirable and necessary that the above described territory be annexed to the City of Greeley; 2 . The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that: a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Greeley; b. A community of interest exists between the territory proposed to be annexed and the City of Greeley; c. The territory sought to be annexed is urban or will be urbanized in the near future; d. The territory sought to be annexed is integrated or is capable of being integrated with the City of Greeley; 3 . 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; 880222 4 . 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 twenty (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; 5. 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 City of Greeley was held within the twelve months preceding the filing of this petition; 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a city other than the City of Greeley; 7 . The territory proposed to be annexed is not presently a part of any incorporated city, -city and county, or town; 8 . 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; 9 . The signer(s) of this petition comprise(s) more than fifty (50) percent of the landowners and owning more than fifty (50) percent of the property, excluding public streets and alleys, and any land owned by the annexing municipality, -and are, in fact, owners of 100% of the property set forth in "Exhibit A" attached -hereto and incorporated herein by reference; 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 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. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of; d. Next to 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 abutting the area proposed to be annexed. e. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth (1/6) contiguity to the City of Greeley; f. Acceptance block describing the acceptance action of the City of Greeley, and providing for the effective date, and City Clerk and Mayor attest signatures ; and g. Notary public signature block, attesting to the authority of the Mayor to execute acceptance of the annexation. 10. 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. THEREFORE, the undersigned respectfully petition to the City Council of the City of Greeley, to annex the territory described and referred to in "Exhibit A, " to the City of Greeley in accordance with and pursuant to the statutes of the State of Colorado. 880°,02 Landowner's Name(s) Date of and Signature (s) Mailing Address Signing C Chairman, Board of County Commissioners 915 10th Street March 7, 1988 County of Weld Greeley, CO The foregoing signature was subscribed and sworn to before me this 7th day of March 8g 19 , by Witness my hand and official seal . MV Commission Expires June 8, 1990 My commission expires: l�if�� 4. / e— Notary Public �V Land Owned: Entire parcel to be annexed. See legal description. 8802P2 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF WELD Donald D. Warden , being first duly sworn, states upon oath that he is the circulator of the petition to which this Affidavit is attached and knows of his own knowledge that the signature of each landowner appearing on said petition is the signature of the person whose name it purports to be. it i / . ., (Signature of Circulator)" The foregoing Affidavit was subscribed and sworn to before me this 7th day of March 19 88 , by Witness my hand and official seal . My commission expires: viz Csmmli °° r-ire Ju-e L 1990 74- A. l/`per Notary Public v 8802<112 EXHIBIT "A" LEGAL DESCRIPTION The Northeast Quarter (NE1/4 ) and part of the Northwest Quarter (NW1/4 ) of Section 31, Township 6 North, Range 65 West, of the 6th Principal Meridian, County of Weld, State of Colorado; more particularly described as follows: Beginning at the Northeast Corner of Section 31, and considering the North line of said Section to bear North 89° 34 ' 39" West, with all bearings contained herein being relative thereto. Thence along said North line of Section 31 , North 89° 34 ' 39" West, a distance of 2630.86 feet to the North Quarter (N1/4 ) Corner of said Section 31; Thence continuing along said North line of Section 31, North 89° 34 ' 39" West, a distance of 2256 . 29 feet; Thence South 00° 54 ' 31" East, a distance of 655 . 56 feet; Thence South 89° 35 ' 52" East, a distance of 2247. 08 feet; Thence South 87° 06 ' 21" East, a distance of 474.72 feet; Thence along a curve to the left having a radius of 540 . 00 feet; a central angle of 03° 01 ' 08" , and an arc distance of 28 . 45 feet; the long chord of which bears South 88° 54 ' 47" East a distance of 18.45 feet to a point of tangency; Thence North 89° 34 ' 39" East, a distance of 270. 06 feet; Thence South 00° 25 ' 21" East, a distance of 400 . 00 feet; Thence North 89° 34 ' 39" East, a distance of 40 . 00 feet; Thence along a curve to the right having a radius of 230 . 00 feet; a central angle of 57° 25 ' 21" and an arc distance of 230 . 51 feet; the long chord of which bears South 61° 42 ' 41" East a distance of 220 . 98 feet to a point of tangency; Thence South 33° 00' 00" East, a distance of 685. 00 feet; Thence North 90° 00 ' 00" East, a distance of 714.51 feet to a point on a curve; Thence along the curve to the right having a radius of 724 .75 feet, a central angle of 22° 05 ' 24" and an arc distance of 279 . 42 feet, the long chord of which bears South 09° 57 ' 17" West, a distance of 277 . 69 feet to a point of tangency; Thence South 21° 00 ' 00" West, a distance of 250. 00 feet; Thence along a curve to the left having a radius of 460. 00 feet; a central angle of 111° 00 ' 00" and an arc distance of 891. 17 feet the long chord of which bears South 34° 30 ' 00" East, a distance of 758 . 20 feet to a point of tangency; Thence North 90° 00 ' 00" East, a distance of 160. 00 feet; Thence along a curve to the right having a radius of 30. 00 feet; a central angle of 90° 00 ' 00" and an arc distance of 47. 12 feet; the long chord of which bears South 45° 00 ' 00" East a distance of 42 . 43 feet to a point of tangency; 89£2' 2 • EXHIPIT "A" Thence North 90° 00 ' 00" East, a distance of 50. 00 feet; Thence North 00. 00' 00" East, a distance of 305 . 00 feet to the Southeast Corner of said Northeast Quarter (NE1/4 ) of Section 31 ; Thence North 00° 00 ' 00" East along the East line of said Northeast Quarter (NE1/4 ) a distance of 2593 . 39 feet, more or less , to the point of beginning. Containing 129.78 acres, more or less, and subject to all rights-of- way, easements, and encumbrances of record. • • • LJL)%?2 CITY OF GREELEY ANNEXATION INFORMATION SHEET The following information is required to process the annexation of land into the City of Greeley. This sheet must be attached to a completed annexation petition. TO HE COMPLETED BY APPLICANT DATE: 3/1/88 1. Name of annexation: Weld County Business Park 2 . Name of property owner(s) Board of County Commissioners, County of Weld, State of Colorado 3 . Person to contact: Donald D. Warden, Director of Finance & Administration (Name) 915 10th Street, Greeley, CO 80631 356-4000, Ext. 4218 (Address) (Phone) 4 . Size (in acres) 129.78 Larger than 10 acres requires (as per C.R. S. 31-12-108. 5 amended) an annexation impact report. The annexing body and the County Commissioners may agree to waive such report, but a letter to that effect must accompany this petition. check one: [CM landowner initiated [ ] municipally owned (C.R.S. 31-12-106) [ ] enclave (C.R.S. 31-12-106) 5. Attach a list of all special districts (including school districts) of which the territory proposed for annexation is part. 6 . Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not landowners. 7 . Attach a description of the intended use and development of the territory proposed for annexation. Such a description should be as complete as possible and include: --the location of existing streets and utility lines; --existing and proposed land use patterns and Existing zoning; --size of commercial or industrial facilities; --estimated number of school students generated; and --number of dwelling units. 8802'2 5. List of all Special Districts: Weld County School District #6 Northern Colorado Water Conservancy District North Weld County Water District Western Hills Fire District Aims Community College Weld Library District 6. List of all residents of the territory proposed for annexation who are not landowners: None. 7. Location of existing streets and utilities: See enclosed map Existing land use is all agricultural and all land is zoned agricultural in Weld County. See attached Exhibit A for proposed land use and size of commercial and industrial facilities. Tracts are cross referenced to enclosed map. Estimated number of school students generated: None Number of dwelling units: None 890:7,' cw tO It Crli IPIIR‘r OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT. 4200 P.O. BOX 758 GREELEY,COLORADO 80632 # •-t. COLORADO March 9, 1988 City of Greeley 1000 10th Street Greeley, CO 80631 Dear Mayor and Council: The Board of County Commissioners of Weld County hereby agree to waive the annexation impact report for the Weld County Business Park Annexation and request that you do the -same. Very truly yours, BOARD OF COUNTY COMMISSIONERS ..2etokt / Gene R. Brantner, Chairman � cqu ins oh sou C. W. Kirby anievzirif 4- on' . L cy Frank Yamaguchi BCC/ch 8F102.77 . Hello