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Home My WebLink About890689.tiff _RESOLUTION RE: APPROVE INTERGOVERNMENTAL PRE-CONSTRUCTION AGREEMENT AMONG WELD COUNTY, MCLANE/WESTERN, INC. , AND THE CITY OF LONGMONT CONCERNING MCLANE/WESTERN, INC. , BUILDING 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, the Board has been presented with an Intergovernmental Pre-Construction Agreement among Weld County, McLane/Western, Inc. , and the City of Longmont concerning the issuance of a Building Permit for and inspection of construction of a building by McLane/Western, Inc. , said building to be located in the City and in the County, and WHEREAS, after review, the Board deems it advisable to approve said Intergovernmental Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said Intergovernmental Agreement be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Intergovernmental Agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of July, A.D. , 1989.‘727BOARD OF COUNTY COMMISSIONERS ATTEST: n �� WELD COUNTY, COLORADO Weld County C erk and Recorder and Clerk tcrun2 tto the Board C.W. Kirby, Ch (irman BY: JTem Cc ir is -atta APPROVED AS TO FORM: ene . Brant e e eK n iscdne County Attorney � Gore Y ac 890689 INi..rtGOVERNMENTAL PRE-CONSTRUCTION AuREEMENT THIS AGREEMENT, entered into this 24th day of July , 1989, by and between McLane/Western,Inc. , the City of Longmont, -Colorado, a municipal corporation, and the County of Weld, Colorado. WITNESSETH, THAT: WHEREAS, McLane is the purchaser of a certain parcel of real property located in Weld county, Colorado, more fully described on Exhibit "A" which is attached hereto and incorporated herein by reference, with said property being located outside of said city limits; and WHEREAS, McLane desires to begin construction of a certain building on said property, said -building to be on land now located outside of the current city limits of Longmont; and WHEREAS, McLane will petition the City of Longmont, Colorado, to annex said property lying outside of the current city limits but wishes to begin construction of the above said building prior to the time said annexation procedures can be completed; and WHEREAS, the City of Longmont, Colorado and the County of Weld, Colorado desire to allow McLane to begin construction of said building prior to the time said property is annexed to the City of Longmont; and WHEREAS, the parties desire to define certain rights between themselves and to make certain provisions governing the construction of said building prior to the time that said property is annexed by the City of Longmont. NOW, THEREFORE, in consideration of the covenants, obligations, and conditions contained herein, and pursuant to the authority granted by §29-1-203, C.R.S. , the parties agree as follows: 1. The City of Longmont, Colorado, agrees to receive an application for a building permit which, if issued, will allow McLane to begin construction of the above mentioned building within the city limits of Longmont, knowing that at the time such construction is commenced, said building will be located outside of the Longmont city limits. 2. McLane will begin, within 30 days, and will diligently pursue annexation proceedings with the City of longmont, Colorado, in an effort to bring the entire parcel of said property within the city limits of Longmont. McLane further agrees that all construction on said property shall be done in compliance with and governed by all building and other applicable codes enacted by the City of Longmont. McLane hereby acknowledges the authority of the Longmont Community Development Department with regard to enforcement of all building inspections and code reviews arising out of said construction. D. McLane further agrees that prior to the issuance of a building permit by the City of Longmont the firm will execute a legal document agreeing to annex the property into the City within ninety (90) days of City Council approval . McLane hereby agrees to comply with all conditions of annexation. 590689 4. The County „r geld, Colorado hereby agrees to allow the City of Longmont, Colorado, to assume jurisdiction of all construction commenced on said property located within the County and outside of the current Longmont city limits prior to the completion of annexation proceedings. The County of Weld hereby acknowledges the authority of the Longmont Community _Development Department to enforce compliance of such construction with the City building codes and to conduct all building inspections and -code reviews in connection therewith. 3. Subject to Longmont City Council Resolution R-89-23, the City shall issue all applicable building permits, conduct all applic-able building inspections and collect and retain any and all fees for said purpose. 6. The City shall assume liability, if _any, for the issuance of said permits and building inspections. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first written above. CITY OF LONGMONT, COLORADO JAP161/ MCLANE/WESTERN, INC. �� By �ic>c��`]" COUNTY OF WELD, COLORADO By 24412 . CHAI-RMAN, WELD 6erNTY 7760/144AlietAMAL) BOARD OF COMMISSIONERS ATTEST: WELD COUNTY -CL K AND RECORDER AND CLERK TO THE -BOARD B PU Z LER J4 i DE Y COUNT CL � . CITY CLERK 2 890689 APPR D AS TO FU +I: By CLAY URNE D GL S CITY ATTORN Cif OUNTY A FN:Agreement/McLane 890689 3 .1.--.)(17,"7,/ A' PETITION TO ANNEX TERRITORY TO THE CITY OF LONGMONT THE UNDERSIGNED owner(s) of real property, pursuant to Section 31-12-107, C.R.S., Municipal Annexation Act of 1965, petition the Council of the City of Longmont, Colorado, for annexation of certain territory, and state: 1. That the territory generallylocatedatthe Northwest corner of Highway 11-9 and County Line Road in, SW 1/4 of Section 6, Township 2 North, Range 68 West of the 6th P.M., containing 202.61 acres orless, is more particularly described as set forth in the legal description hereto attached and made part hereof as if fully set forth herein. 2. That the petitioning landowners represent more than 50 percent of the area above described, excluding public streets and alleys. 3. That Petitioners further allege that: (a) It is-desirable and necessary that such area be annexed to the City of Longmont. (b) The requirements of Sections 31-12-104 and 31-12-105, C.R.S. exist or have been met, namely: (i) Notless than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Longmont, more specifically the perimeter of the area is 33,760 feet, of which 6,215 feet are contiguous to the existing territorial boundary of the City of Longmont. (ii) A community of interest exists between the ar-ea purposes to be annexed and the City of Longmont. (iii) Said area is urban or will be urbanized in the nearf'uture, and is integrated or capable of being integrated with the City of Longmont. (iv) No land, unless separated by a dedicated public way, held in identical ownership is divided into separate parcels unless the owners of said tract have consented in writing to said annexation. (v) No land or contiguous parcels of land, except as may be situated entirely within the outer boundaries of the City of Longmont, held in identical ownership and comprising 20 acres or more and which, together with improvements thereon, has an assessed valuation in excess of$200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included in this Petition without the written consent of the landowners. t,5s789>o, o� C/O- 0k , 1-0 9 al 890689 cno4. l fin �c W , ea?, e 2v c,SebZCZZZ\ (vi) No proceedings for annexation of the area has been commenced for annexation to another municipality. 4. Petitioners consent that upon annexation to the City ofLongmont that the territory be included within the Municipal Sub-district, Northern Color-ado Water Conservancy District. 5. If by operation of law, the parcelsheld by the property owner could be considered -as contiguous parcels, the undersigned hereby consents to the division of such parcels for the purpose of this annexation petition. 6. The signers hereof comprise the landowners of more than 50% of the territory proposed to be annexed exclusive of streets and alleys, and are in fact owners of 100% thereofexcept as herein below listed. Percentage -of Ownership of Petitioning Owners Area in Acres area sought for Annexation George I. Mayeda 151.12 100% Sumiye Mayeda 151.12 100% John Y. Mayeda 151.12 100% Betty K. Mayeda 151.12 100% Total Total Acreage 151.12 percentage 100% WHEREFORE, the undersigned hereby request the City of Longmont approve the annexation of the area proposed to be annexed;the undersigned also request the zoning ofMIU for the above described property. Date r', _ i a: r Property Description ?- 7 t om 8 -SW 1/4.Sec 6. T2N. R68W ']-CD $4 SW 1/4. Sec 6. T2N. 1168W 7-.P1 SW 1/4. Sec 6. T2N. R68W -17 W1SWS '. - SW 1/4. Sec 6. T2N. R68W STATE OF COLORADO )ss COUNTY OF BOULDER ) Subscribed and sworn to beforeme this 10th day of July,1989. My Commission expires: December 8, 1-990 G ‘'d. ..ice Id/ 2e) Aticae) Notary Public Ethel W. Mitchiner `• '^ Address: 1960 Industrial Circle �� , oG p Longmont, CO 80501 ••'' 6 cc/i9 OF O CO 89O6-89 t _ I a July 7, 1989 ANNEXATION DESCRIPTION: A PARCEL OF LAND IN SECTIONS 6 AND 7, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH P.M. , WELD COUNTY, COLORADO AND IN SECTIONS 1, 2, O WEST, 6TH P.M. , BOULDER COUNTY, COLORADO, MORE PARTICULARLY DESCRI TBEDNAS FOLLOWS : 69 BEGINNING AT A POINT ON THE CENTERLINE OF RODGERS ROAD AT ITS INTERSECTION WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, T.2 N. , R.69 W. OF THE 6TH P.M. ; THENCE EASTERLY ALONG THE SAID CENTERLINE OF RODGERS ROAD AS FOLLOWS: ALONG THE ARC OF A 2865.00' RADIUS CURVE TO THE RIGHT, 410.£6' ; S.57°27'41"E. , 288.50'; ALONG THE ARC OF A 1910.00'RADIUS CURVE TO THE LEFT, 1078.97' ; 5.89°49'41"-E. , 2585.10' ; AND ALONG THE ARC OF A 573.00' RADIUS CURVE TO THE RIGHT, 289.57' ; THENCE N.29°07'36"E. , 51.15 TO A POINT ON -THE NORTHERLY LINE OF RODGERS ROAD; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF RODGERS ROAD AS FOLLOWS: S.49°04'41"E. , 56.84' ; S.42°41'40"E. , 90.4°' ; S.52°35'110"E. , 80.70'; S.61°41 '40"E. , 91.60'; S.53°38'21"E. , 170.10' ; S.61°34'11"E. , 170.00' ; ALONG THE ARC OF A 437.50' RADIUS CURVE TO THE LEFT, 86.74' ; S.84°04'41"E. , 68.70'; N.87°40'19"E. , 160.00' ; AND S.88°03 '14"E. , 429.94' TO ITS INTERSECTION WITH THE SOUTHERLY LINE OF STATE HIGHWAY NO. 119; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF STATE HIGHWAY NO. 119, N.66°30'16"W. , 736.40' 'PO A POINT ON 'THE NORTHERLY RIGHT-OF-WAY LINE OF; GREAT WESTERN RAILROAD RIGHT-OF-WAY; THENCE WESTERLY ALONG SAID NORTHERLY LINE THE ARC OF A 1850.08' RADIUS CURVE SO THE RIGHT, 276.97' ; THENCE CONTINUING ALONG THE SOUTHERLY LINE OF STATE HIGHWAY NO. 119, AS FOLLOWS: N.20°31'16"W. , 241.90' ; N.63°20'31"W. , 452.90' ; AND N.66°30'16"W., 205.00' ; THENCE N.23°29'44"E. , 100.00' ; THENCE S.66°30'16"E. 325.00' ; THENCE N.23°29'44"E., 147.97' TO A POINT ON THE NORTHERLY LINE CF STATE HIGHWAY NO. 11-9; THENCE EASTERLY ALONG THE NORTHERLY LINE OF STATE HIGHWAY NO. 119 AS FOLLOWS: S.58°12'26"E., 159.15' ; S.66°30'16"E. , 778.40'; S.66°30'16"E. , 195.60' ; S.81°20'46"E., 1275.80' ; N.88°21 '44"E., 1842.40'; AND ALONG THE ARC OF A 1729D.00' RADIUS CURVE TO THE RIGHT, 496.37' TO ITS INTERSECTION WITH THE WEST LINE OF COUNTY -LINE ROAD (WELD COUNTY ROAD NO. 1) ; THENCE N.00°1b'17"E. , ALONG THE WEST LINE OF COUNTY LINE ROAD, 2472.14' ; THENCE N.S7°45'10"E., 30.03' TO THE WEST 1/4 CORNER OF SAID SECTION 6, T.2 N. , R.68 W. ; THENCE N.87°45'10"E., 2632.21' TO THE CENTER 1/4 CORNER OF SAID SECTION 6; THENCE S.00°23'54"W. , 2635.56' TO THE SOUTH 1/4 CORNER OF SAID SECTION 6; THENCE S.00°19'14"W., ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 7, T.2 N. , R.bE W. , 141.00' TO A POINT ON THE SOUTH LINE OF STATE HIGHWAY NO. 119; THENCE WESTERLY, ALONG THE SOUTH LINE OF STATE HIGHWAY NO. 119 AS FOLLOWS: S.87°54'01"W., 70.60' ; ALONG THE ARC OF A 17290.00' RADIUS CURVE TO THE RIGHT, 885.10' ; N.891'25'16"W. , 751.80'; ALONG THE ARC OF A 17090.00' RADIUS CURVE TO THE LEFT, 661.24' AND S.88°26'51"W., 255.14' TO -A POINT ON THE WEST LINE OF SAID SECTION 7; THENCE N.00°07'16"W., ALONG THE WEST LINE OF SAID SECTION 7, 22.00' TO -A POINT ON THE SOUTH LINE OF STATE HIGHWAY NO. 119; THENCE WESTERLY, ALONG THE SOUTH LINE OF STATE HIGHWAY NO. 119 AND THE SOUTH LINE OF RODGERS ROAD AS FOLLOWS: S.88°34'49"W. , 2604.13' ; S.42°11 '59"W., 83.60'; S.88°21'44"W. , 250.00' ; N.74°20'01"W. , 209.50' ; 5.88°34'59"W., 321.70' ; N.89-°01'14"W. , 546.09' ; S.-88°29'49"W., 322.20' ; N.01°36'41"W. , 58.00' ; N.40°55'19"E. , 89.80' ; N.49°04'41"W., 298.10' ; ALONG THE ARC OF A 533.00' RADIUS CURVE TO THE LEFT, 379.08'; N.89°49'41"W., 2913.71' ; N.O1°38'49"E. , 8.03' ; N.62°58'05"W. , 69.70' ; ALONG THE ARC OF A 1950.00' RADIUS CURVE TO THE RIGHT, 199.73' ; S.17°37'19"W. , 67.46' ; N.57°30'56"W., 808.71 ' ; AND ALONG THE ARC OF A 2825.00' RADIUS CURVE TO THE LEFT, 386.4-0' TO ITS INTERSECTION WITH THE SAID WEST LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 -OF SECTION 2; THENCE N.00°43'56"W. , 44.22' TO THE POINT OF BEGINNING, CONTAINING 202.61 ACRES, MORE OR LESS. 890689 � r LOAro CITY TT RNEY U F a 408 THIRD AVENUE,CIVIC CENTER COMPLEX, LONGMONT, COLORADO 80501 572-0719 (METRO) OR (303)651-8619, FACSIMILE:572-0719 (METRO) OR 651-8590 COLOR N� duly 20, 1989 „ ',�UL 2 icgg Lee D. Morrison Assistant Weld County Attorney P.O. Box 1948 xs__ -. __ __ Greeley, CO 80632 RE: Weld County/Longmont/ McLane/Western,Inc. , Intergovernmental Agreement. Dear Mr. Morrison, Enclosed please find a copy of Resolution R-89-25, approving of and authorizing the mayor to sign the intergovernmental agreement. I have forwarded triplicate originals of the agreement to the General Counsel for McLane/Western and requested that he forward these to you after they have been signed by McLane/Western. - Woul-d you be so kind as to obtain the County's signature on all three, date them in the blanks provide, - retain one for the County and return to myself -and McLane/Western our respective originals . - - If there are any questions , please do not hesitate to contact me. Thank you for your cooperation. c rely, aybou a M. Dou as City At rney CMD/lb Enclosure/Copy Resolution R-89-25 890689 r'� 1110L1102 camnany, me. IPOOMINSTPIUMMI Y 3407 SOUTH 31ST a POST OFFICE BOX 6115 TEMPLE, TX 76503-6115 a (817)778-7500 a July 26, 1989 Mr. Lee D. Morrison Assistant Weld County Attorney P. O. Box 1948 Greeley, Colorado 80632 Re: Intergovernmental Pre-Construction Agreement between McLane/Western, Inc. , the City of Longmont, Colorado, and the County of Weld, Colorado Dear Mr. Morrison: Per the request of Mr. Clay M. Douglas, City Attorney for the City of Longmont, Colorado, please find enclosed the three (3 ) originals of the Intergovernmental Pre-Construction Agreement by and between McLane/Western, Inc. , the City of Longmont, Colorado and the County of Weld, Colorado. It is my understanding that once the proper parties representing Weld County have executed the Agreement that a copy will be returned to Mr. Douglas and to the undersigned on behalf of McLane/Western, Inc. If you have any questions _or comments, please do not hesitate to give me a call. I appreciate the courtesy and assistance which you and Weld County have provided McLane/Western, Inc. Respectfully, McLANE COMPANY, INC. OBE T S McCLAREN General Counsel RSM/tc Enclosures At89%89 Hello