HomeMy WebLinkAbout20242167.tiffRESOLUTION
RE: APPROVE ANNEXATION AGREEMENT AND PETITION FOR ANNEXATION FOR
PORTIONS OF COUNTY ROADS 18 AND 59, AND AUTHORIZE CHAIR TO SIGN -
TOWN OF KEENESBURG
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 Annexation Agreement and a Petition
for Annexation for Portions of County Roads 18 and 59 (further described as the County Road 18
and County Road 59 Annexation No. 1 and 2 to the Town of Keenesburg) between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Public Works, and the Town of Keenesburg, commencing upon full
execution of signatures, with further terms and conditions being as stated in said agreement and
petition, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
petition, 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 Annexation Agreement and Petition for Annexation for Portions
of County Roads 18 and 59 (further described as the County Road 18 and County Road 59
Annexation No. 1 and 2 to the Town of Keenesburg) between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and the Town of Keenesburg, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and petition.
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2024-2167
EG0082
ANNEXATION AGREEMENT AND PETITION FOR ANNEXATION FOR PORTIONS OF
COUNTY ROADS 18 AND 59 - TOWN OF KEENESBURG
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of August, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUN COLO
ATTEST:
dith„) V ..d.,;„k.
Weld County Clerk to the Board
BY. I Il •/A M LA)/ ck
Deputy Clerk to the Board
APP' •' ED AS
ounty Attorn
S
Date of signature:
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Keyin-Q. Ross, Chair
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Perry L. Bt'k, Pro-Tem
ike Freeman
K. James
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Saine
2024-2167
EG0082
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and executed this Yytday of
V�G�u , 2024, by and between the COUNTY OF WELD, COLORADO, whose
address is P.O. Box 758, 1150 O Street, Greeley, CO 80632 (hereinafter referred to as
"Annexor" or "the County"), and the TOWN OF KEENESBURG, COLORADO, whose address
is 91 W. Broadway Avenue, Keenesburg, CO 80643 (hereinafter referred to as "the Town"), for
the annexation of:
Those portions of Weld County Roads ("WCR's") 18 and 59 described or shown in the
attached Exhibits "A," "B," and "C." The annexation of these roadways is hereinafter referred to
as: "County Road 18 & County Road 59 Annexation No. 1 & 2 to the Town of Keenesburg."
WITNESSETH:
WHEREAS, Annexor is the governmental entity which owns and controls the WCR's 18
and 59, and
WHEREAS, Annexor has been requested to file a petition with the Town for the purpose
of accomplishing County Road 18 & County Road 59 Annexation No. 1 & 2 to the Town of
Keenesburg, and
WHEREAS, Annexor desires to impose upon the Town certain terms and conditions
relating to the proposed annexation and to the effectiveness of the referenced petition, and
WHEREAS, the Town has reviewed and approved the conditions requested by Annexor
and desires to make the proposed annexation 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 Petition. Contemporaneously with the execution of this
Agreement, Annexor is submitting a petition for the annexation of the real property
described or shown in Exhibits A, B, and C, to the Town for its consideration. Said
petition, (hereinafter the "Annexation Petition"), is incorporated herein by reference. The
Annexation Petition is submitted on the express condition that it will be approved by the
Town and the real property described or shown in Exhibits A, B, and C will be annexed
to the Town under and pursuant to the conditions set forth in Paragraph 2, hereunder.
2. Terms and Conditions Applicable to Annexation. The Town will be
responsible for maintenance of the annexed WCR's 18 and 59 on and after the
effective date of the annexation. Maintenance includes, but is not limited to,
surface treatment repair, such as crack seal, chip seal, overlay paving and
reconstruction; filling potholes; repair and fill of washouts; weed control; and
the removal of snow, all as determined reasonable and necessary by the Town.
1
08002`/ -av/ ..
a. The Town will not impose any weight limitation applicable to vehicles
using the annexed WCR's 18 and 59 without the written consent of the
County.
b. The Town will not impose any limitation on vehicular access or use of
the annexed WCR's 18 and 59 so as to specifically exclude farm or
agricultural vehicles and equipment, or to exclude new access solely
because of objection by the Town to the type or extent of the new
adjacent land use permit(s) granted by the County. All new access
points on the annexed WCR's 18 and 59 will be evaluated by the Town
in accordance with general standards and requirements used to
determine appropriate access points on all Town roadways of similar
type as the annexed WCR's 18 and 59.
c. Current points of ingress and egress to the annexed WCRs 18 and 59 for
current uses from abutting property owners will continue to be allowed
for such purposes, the intent being that annexation shall not impair or
affect current access except as otherwise agreed upon between the Town
and the abutting property owner.
3. Town's Consent to Terms and Conditions. By the execution hereof, the Town shall be
deemed to agree to each, and every condition stated in Paragraph 2, hereof.
4. Other Specific Requirements of Annexation. The Town shall be required to produce
annexation maps to accompany the annexation petition.
5. 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.
6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the
parties hereto and their successors in interest.
7. 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.
8. 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
2
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.
9. Severability. If any term or condition of this Agreement shall be held to be invalid,
illegal, or unenforceable, this agreement shall be construed and enforced without such a
provision, to the extent this Agreement is then capable of execution within the original
intent of the parties.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials
to execute this Agreement the day and year first above written.
ANNEXOR:
ATTEST: da/ X&o%ok, COUNTY OF WELD, a political Weld County
subdivision of the STATE OF COLORADO:
Clerk to the Board
B
ATTEST:
Kevin D. Ross, Chair
AUG 14 2a2k
TOWN OF KEENESBURG, a municipal
corporation of the STATE OF COLORADO
By: By:
Oksana trada, Town Clerk al/4?//Agon am, Mayor
3
ANNEXATION PETITION
TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, COLORADO:
The undersigned Board of County Commissioners of the County of Weld ("Petitioner"), in
accordance with Title 31, Article 12, Chapters 101 et. seq., Colorado Revised Statues, hereby petitions
the Board of Trustees of the Town of Keenesburg for annexation into the Town of Keenesburg the
unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated
herein by this reference, located in the County of Weld and State of Colorado, and to be known as the
"County Road 18 & County Road 59 Annexation No. 1 & 2 to the Town of Keenesburg."
In support of this petition, the petitioner (s) further state to the Board of Trustees that:
It is desirable and necessary that the territory described in Exhibits "B," and "C" be annexed
to the Town of Keenesburg.
2 The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes, as
amended, 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 Town of Keenesburg or will be contiguous with the Town of
Keenesburg within such time as required by Section 31-12-104.
b. A community of interest exists between the territory proposed to be annexed and the
Town of Keenesburg.
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 with or is capable of being integrated
with the Town of Keenesburg.
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
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.
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
tokpz@keenesburg org
more contiguous tracts or parcels of real estate, comprises twenty acres or more, and
which, together with the buildings and improvements situated thereon, are county
roads and are exempt for ad valorem tax purposes for the year next preceding the
annexation, has been included within the area proposed to be annexed without the
wntten consent of the landowner or landowners
The territory proposed to be annexed does not include any area which is the same or
substantially the same area m which an election for an annexation to the Town of
Keenesburg was held within twelve months preceding the filing of this petition
The territory proposed to be annexed does not include any area included in another
annexation proceeding involving a town other than the Town of Keenesburg
The annexation of the territory proposed to be annexed will not result m the
detachment of area from any school district
The annexation of the territory proposed to be annexed will not have the effect of
extending the boundary of the Town of Keenesburg more than three miles in any
direction from any point of the boundary of the Town of Keenesburg in any one year
The territory proposed to be annexed is 23 20 acres in total area
Prior to completion of the annexation of the area proposed to be annexed, a plan will be
in place, pursuant to Section 31-12 105(1)(e), C R S , 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, and sanitation to be
provided by the Town of Keenesburg, including the providers of transportation, light,
natural gas, and power, and the proposed land uses for the area, such plan to be
updated at least once annually
m In establishing the boundary of the area proposed to be annexed, if a porton of a
platted street or alley is to be annexed, the entire width of the street or alley has been
included within the area annexed, and reasonable access will not be denied to any
landowners, owners of any easement, or the owners of any franchise adjoining any
platted street or alley which a to be annexed to the Town of Keenesburg but is not
bounded on both sides by the Town of Keenesburg
The owners of more than fifty percent (50%) 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
The signatures on this petition comprise one hundred percent (100%) of the landowners of the
territory to be annexed and said landowners attesting to the facts and agreeing to the conditons
herein contained will negate the necessity of any annexation election
Accompanying this petition are four copies of an annexation map as well as an electronic file that
will contain the following information
A written legal description of the boundaries of the area proposed to be annexed, in the
form of a title commitment issued within 30 days of the application date,
tokpz@keenesburg org
A map showing the boundary of the area proposed to be annexed said map prepared by
and containing the seal of a registered engineer;
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 Town of
Keenesburg.
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.
Next to the boundary of the area proposed to be annexed, a drawing of the contiguous
boundary of the Town of Keenesburg 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.
A full legal description of property to be annexed in word format.
A tax certificate showing all taxing entities.
Mineral owner's notification certificate.
Acceptance block describing the acceptance action by the Mayor on behalf of the Town
of Keenesburg and providing for the effective date and Town Clerk attest signature.
Upon the annexation ordinance becoming effective, all lands within the area proposed to be
annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of
Keenesburg, except for general property taxes of the Town of Keenesburg, which shall become
effective as of the January 1 next ensuing,
6. The zoning classification requested for the area proposed to be annexed is: PZ (Public District).
The petitioners agree that the annexed land shall be brought under the provisions of Chapter 16
of the Keenesburg Municipal Code within ninety (90) days from the effective date of the
annexation ordinance.
There shall be no duty or obligation upon the Town of Keenesburg to furnish water or sanitary
sewer facilities to the area proposed to be annexed. Such services will be provided at such time,
in the sole discretion of the Town, when such services for water and sanitary sewer can be
economically and reasonably installed to service a sufficient number of inhabitants within the
area so as to make the construction and establishment of such services feasible and at no
additional cost for the same or similar type of services provided to inhabitants within the existing
corporate limits of the Town,
If required by the Town, an annexation agreement has been or will be executed by the
petitioners herein and the Town of Keenesburg relating to this annexation and the petitioners
hereby expressly consent to the terms and conditions set forth in the annexation agreement.
The petitioners agree to the following terms and conditions, which shall be covenants running
with the land, and which may, at the option of the Mwn, appear on the annexation map:
tokpz a@keenesburg.org
Water rights shall be provided pursuant to Town ordinance
All conditions set out in the annexation agreement executed by the petitioner
Other
THEREFORE, the petitioners, whose signatures are on the signature sheet on the next page respectfully
petitions the Board of Trustees of the Town of Keenesburg to annex the territory described and referenced to m
Exhibit "A" to the Town of Keenesburg in accordance with and pursuant to the statues of the State of Colorado
tokpz@keenesburg org
LANDOWNER'S SIGNATURE
::0u.
OLORADO:T: BOARD OF COUNTY COMMISSIONERS
Weld oun Clerk to the Board WELD COU
Deputy Clerk
AUG 1 4 2024
tokpz@keenesburg.org
020�� oz /�07
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says:
That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town
of Keenesburg, Colorado, consisting of �� pages, including this page and that each signature thereon
was witnessed by your affiant and is the true signature of the person whose name it purports to be.
STATE OF COLORADO
COUNTY OF WELD
ACKNOWLEDGEMENT
)ss
The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 14th
day of August 20 24
Witness my hand and official seal.
My commission expires on: A0'9JSt
MARIAN N HIGGINS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194029616
MY COMMISSION EXPIRES AUGUST S, 2027
(SEAL)
tokpz@keenesburg.org
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Notary Public
IISo O Street, Greetej Co, W0631
Address
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Exhibit "A"
COUNTY ROAD 18 & COUNTY ROAD 59 ANNEXATION NO. 1 & 2 TO THE TOWN OF KEENESBURG
Part of Section 13, 14, 23, 24, 25, & 26,
Township 2 North, Range 64 West of the 6th P.M,
Town of Keenesburg, County of Weld, State of Colorado
Sheet 1 of 3
DESCRIPTION OF ANNEXATION N0. 1
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COUNTY ROAD 18 & COUNTY ROAD 59 ANNEXATION NO. 1 & 2 TO THE TOWN OF KEENESBURG
Part of Section 13, 14, 23, 24, 25, & 26,
Township 2 North, Range 56 West of the 6th P.M.,
Town of Keenesburg, County of Weld, Stote of Colorado
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From:
Sent:
To:
Cc:
Subject:
Elizabeth Relford
Monday, August 12, 2024 3:53 PM
Stephanie Hamill; Bruce Barker; Matt Canterbury
Mark Gray
RE: Town of Keenesburg - County Rd 18 & County Rd 59 Annexation
Thanks Stephanie. Can you let me know when you plan to get the Annexation Agreement on the Board's agenda? In the
meantime, we can move forward with the Petition for Annexation on our agenda.
Thanks,
Elizabeth
From: Stephanie Hamill <shamill@keenesburg.org>
Sent: Tuesday, July 30, 2024 12:31 PM
To: Bruce Barker <bbarker@weld.gov>; Matt Canterbury <MCanterbury@keenesburg.org>
Cc: Mark Gray <MGray@keenesburg.org>; Elizabeth Relford <erelford@weld.gov>
Subject: RE: Town of Keenesburg - County Rd 18 & County Rd 59 Annexation
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello Bruce!
Thank you for sending this over.
Elizabeth - I have commented back the answer to your question in the Annexation Petition.
I have never worked within Word that way so just in case I did it wrong and the response did not make it back to
you, this section will be zoned PZ (Public District).
Thank you!
Stephanie Hamill
Planning and Zoning Coordinator
Town tr Public Works Administration
Event Planning Coordinator
Phone 303-732-4281
Web townofkeenesburg.com
Email sham__ill@heenesburg,_org
91 W Broadway Ave., Keenesburg, CO
From: Bruce Barker <bbarker@weld.gov>
Sent: Tuesday, July 30, 2024 11:57 AM
To: Stephanie Hamill <shamill@keenesburg.orm>; Matt Canterbury <MCanterbury@keenesburg.org>
Cc: Mark Gray <MGray@keenesburg.org>; Elizabeth Relford <erelforci@weld.gov>
Subject: RE: Town of Keenesburg - County Rd 18 & County Rd 59 Annexation
Stephanie:
1
See the attached. Note the question by Elizabeth in the Petition.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Stephanie Hamill <shamill@keenesburg.org>
Sent: Thursday, June 20, 2024 10:52 AM
To: Bruce Barker <bbarker@weld.gov>; Matt Canterbury <MCanterbury@keenesburg.org>
Cc: Mark Gray <MGray@keenesburg.org>; Elizabeth Relford <erelford@weld.gov>
Subject: RE: Town of Keenesburg - County Rd 18 & County Rd 59 Annexation
Caution' This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Bruce,
Attached are the revised annexations with the corrected titles for CR 18 and 59.
Thank you!
Haan ,itt
Stephanie Hamill
Planning and Zoning Coordinator
Town Cr Public Works Administration
Event Planning Coordinator
Phone 303-732-4281
Web townofkeenesburg.com
Email -;harill@keenesburgiorg
91 W Broadway Ave., Keenesburg, CO
From: Bruce Barker <bbarker@weld.gov>
Sent: Thursday, June 20, 2024 10:44 AM
To: Matt Canterbury <MCanterbury@keenesburg.org>; Stephanie Hamill <shamill@keenesburg.org>
2
Cc: Mark Gray <MGray@keenesburg.org>; Elizabeth Relford <erelford@weld.gov>
Subject: RE: Town of Keenesburg - County Rd 18 & County Rd 59 Annexation
Any progress?
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Matt Canterbury <MCanterhury@keenesburg.org>
Sent: Monday, May 20, 2024 2:35 PM
To: Bruce Barker <bbarker@weld.gov>; Stephanie Hamill <shamill@keenesburg.org>
Cc: Mark Gray <MGray@keenesburg.org>
Subject: RE: Town of Keenesburg - County Rd 18 & County Rd 59 Annexation
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Bruce,
We are working on this and will be in touch as soon as we have it figured out.
Thank you.
Matt Canterbury
Keenesburg Town Manager
Phone: 303-732-4281
91 West Broadway Ave.
Keenesburg, CO 80643
www.townofkeenesburg.com
3
From: Bruce Barker <bbarker@weld.gov>
Sent: Thursday, May 16, 2024 4:03 PM
To: Stephanie Hamill <shamill@keenesburg_org>
Cc: Mark Gray <MGray@keenesburg.org>; Matt Canterbury <MCanterbury@keenesburg.org>
Subject: RE: Town of Keenesburg - County Rd 18 & County Rd 59 Annexation
I see the title is, "County Road 18 & County Road 59 Annexation No. 1. 2, 3, &4 to the Town of Keenesburg," but I only
see Annexation No. 1 and Annexation No. 2. Where are 3 and 4?
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "O" Street
Greeley, CO 80632
(970) 400-4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or
otherwise protected from disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action
concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly
prohibited.
From: Stephanie Hamill <shamill@keenesburg.org>
Sent: Tuesday, May 14, 2024 10:38 AM
To: Bruce Barker <obarker@weld.gov>
Cc: Mark Gray <MGray@keenesburg.org>; Matt Canterbury <MCanterbury@keenesburg.org>
Subject: Town of Keenesburg - County Rd 18 & County Rd 59 Annexation
This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning, Bruce!
Attached is the annexation documentation, and legal description for the annexation of Country Rd 18 & Country Rd
59, into the Town of Keenesburg.
Thank you!
4
Stephanie Hamill
Planning and Zoning Coordinator
Event Planning Coordinator
Phone 303-732-4281
Web townofkeenesburg.com
Email sliarnill@keenesbur;.org
91 W Broadway Ave., Keenesburg, CO
Hello