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Home My WebLink About20220837.tiffRESOLUTION RE: APPROVE PETITION FOR ANNEXATION OF COUNTY ROAD 90 AND AUTHORIZE CHAIR TO SIGN - TOWN OF PIERCE 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 the Petition for Annexation of County Road 90 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 Pierce, commencing upon full execution of signatures, with further terms and conditions being as stated in said petition, and WHEREAS, after review, the Board deems it advisable to approve said petition, 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 the Petition for Annexation of County Road 90 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 Pierce, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said petition. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of March, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: deethisj W ...veL;e1 Weld County Clerk to the Board County Attorney Date of signature: 3/24 /22 SccWK. James, Chair CC :pc1(.TH/6R),cA(B6) 3/2512.2. 2022-0837 EG0080 Con-h(aci- l 5(o5O BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: CR 90 Petition for Annexation — Town of Pierce DEPARTMENT: Public Works PERSON REQUESTING: Elizabeth Relford DATE: March 2, 2022 Brief description of the problem/issue: On January 2, 2019, the Board approved an Intergovernmental Agreement (IGA) with the Town of Pierce for payment and annexation of CR 90. Per request by the Town of Pierce and due to the timing of their DOLA application, they requested extending our payment of $351,261.39 to them until 2022. Therefore, we have been rolling this amount and are showing it in the 2022 budget. Pierce has submitted their application to DOLA in this march cycle. Also, in accordance with the IGA, Pierce is required to annex CR 90 prior to completion of their improvements. As a result, we are requesting approval to put the attached Petition for Annexation onto the Commissioners agenda. The County Attorney's office has reviewed and approved the Petition for Annexation. The dollar amount going to Pierce was the cost it would take Public Works to overlay the road as part of our maintenance. Pierce will be able to use this money to leverage funding for a DOLA grant to expand the reconstruction and drainage improvements of WCR 90. Since the IGA was approved in 2019, I have also attached it for the benefit of the Commissioners her were not on the Board at that time. Please do not hesitate to reach out if you have any questions. What options exist for the Board? (include consequences, impacts, costs, etc. of options): • Allow the attached petition to be placed on the next available agenda for signature. • Request a work session to discuss. Recommendation: Staff recommends approval of the Petition for Annexation of WCR 90. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: bed 2022-0837 03/II.Q EG10dt TOWN PETITIO DATE: March 16 F PIERCE COUNTY ROAD 90 ANNEXATION FOR ANNEXATION TO THE TOWN OF PIERCE , 2022 TO: THE TOWN BOARD OF THE TOWN OF PIERCE, COLORADO. I, Scott K. James, serving as Chair of the Board of County Commissioners of the County of Weld, on behalf of County of Weld ("Petitioner" or "County"), a political subdivision of the State of Colorado, in accordance with Colorado law, hereby petition the Town of Pierce ("Town") and its Town Board for annexation to the Town the following described unincorporated territory located in the County of Weld, State of Colorado, to -wit: See the legal description in Exhibit . and the roadway shown on Exhibit B, attached hereto and incorporated herein by this reference. The property described and shown in Exhibits A and B are referred to herein as "the territory proposed to be annexed" and/or "the annexed WCR 90." This annexation shall be known as the "Pierce County Road 90 Annexation." As part of this petition, your petitioner further states to the Town Board of Pierce, Colorado, that: 1. It is desirable and necessary that the territory described and/or shown in Exhibits A and B be annexed to the Town. 2e The requirements of C.I.S. §§ 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 or will be contiguous with the Town within such time as required by C.R.S. § 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town. 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. 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 1 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. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town more than three miles in any direction from any point of the boundary of the Town in any one year. j. The territory proposed to be annexed is 1.65 acres, more or less, in total area. k. Prior to completion of the annexation of the territory proposed to be annexed, the Town will, pursuant to the provisions of C.R.S. § 31-12- 105(1)(e), 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; and the proposed land uses for the area; such plan to be updated at least once annually. 1. 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 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 has been annexed by the Town, but which is not bounded on both sides by the Town. m. The County agrees that any requirement for preparation of an impact report pursuant to C.R.S. § 31-12-108.5, is waived. 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 2 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 by and containing the seal of a Colorado Registered Professional Land Surveyor; 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 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, except for general property taxes of the Town which shall become effective as the January 1 next ensuing, if applicable. 6. The zoning classification requested for the area proposed to be annexed is R-1, Single Family Residential and R-2, Multifamily Residential. Petitioner agrees that the annexed land shall be brought under the provisions of the Town of Pierce Municipal Code within ninety (90) days of the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the Town 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. 8. Petitioner and the Town agree that the following conditions and terms will apply to the roadway following annexation by the Town: a. The Town will be responsible for prospective maintenance of the annexed WCR 90. Maintenance includes, but is not limited to, frequent surface treatment repair, such as crack seal, chip seal, overlay paving and reconstruction; filling potholes; repair and fill of 3 washouts; as well as implementation of weed control consistent with the standards of Petitioner and the State of Colorado and the removal of snow. b. The Town will not impose any weight limitation applicable to vehicles using the annexed WCR 90. c. The Town will not impose any limitation on vehicular access or use of the annexed WCR 90 so as to specifically exclude farm or agricultural vehicles and equipment. d. Current ingress and egress to the annexed WCR 90 for current uses will continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. 9. Petitioner expressly reserves the right to withdraw this Petition for Annexation at any time prior to the adoption of the ordinance annexing the property to the Town. WHEREFORE, the following petitioner, a non-resident landowner of the territory proposed to be annexed (as more particularly described in the attached Exhibit A and as shown on the attached Exhibit B), requests that the Town, acting through its Town Board, 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. PETITIONER: ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Boa COUNTY OF WELD, a political subdivision of the STATE OF COLORADO: By: y:�5 ott James, Chair 4 oard of County Commissioners of the unty of Weld 4 024202-a1e7 STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 16 thday of March 2022, by Scott K. James, Chair, Board of County Commissioners of the County of Weld. My commission expires: 12/19/2O22 Witness My Hand and Official Seal. fi Notary Pulic 9 CHELYNN HOFFMAN Petitioner Mailing Address: 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632. CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2(1144048044 MY COMMISSION EXPIRES DEC. 19, 2022 Carai Lbu_rai:.-n•Oa--4VYlMCLttVArkite A�hllq'f..rMwM..X21+rMRVn✓Rv.mF�.sr(^lnflr'E(n)RT^FAwr .'i ]G61M. 5 RECORD OF LAND OWNERSHIP ON DATED SIGNED Petitioner: Board of County Commissioners of the County of Weld, a political subdivision of the State of Colorado. Mailing Address: 1150 O Street, P.O. Box 758, Greeley, Colorado 80632. Legal Description of Land Owned: See legal description in attached Exhibit A and as shown on the attached Exhibits B. 6 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF WELD � BRUCE To BARKER , 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 Pierce, Colorado, consisting of nine ( 9) 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. p„r ere - C it n r, at`r , BRUCE T ® BARKER 49 WELD COUNTY ATTORNEY STATE: OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 16th day of March ,20 22 by BRUCE T. BARKER My commission expires: 12/19/2022 Witness My Hand and Official Seal. CHERYL LYNN I--HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20.14404 8044 MY COMMISSION EXPIRES DEC. 19, 2022 Notary Pu , is 9 ` HE I ; YNN HOFFMAN 7 odd -eo1,7 EXHIBIT A A parcel of land being annexed into the town of Pierce and being portions of the Northeast Quarter of Section Twenty -Seven (27), and the Southeast Quarter of Section Twenty -Two (22), both in Township eight North (T.8N.), Range Sixty -Six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 22 and assuming the South line of the Southeast Quarter of said Section 22 as bearing North 89°34'29" West a distance of 2637.99 feet with all other bearings contained herein relative thereto: THENCE North 89°34'29" West along the South line of the Southeast Quarter of said Section 22 a distance of 120.24 feet to the Westerly Right of Way line of the Union Pacific Railroad; THENCE South 16°47'30" East along said Westerly line a distance of 31.41 feet to a line parallel with and 30.00 feet southerly of the South line of the Southeast Quarter of said Section 22 and POINT OF BEGINNING; THENCE North 89°34'29" West along said parallel line distance of 1208.08 feet to the Southeast corner of the REP Annexation No. 1 recroded December 17, 2018 as Reception No. 4454060 of the Records of Weld County; THENCE North 00°25'31" East along the East line of the said REP Annexation No. 1 and the Northerly prolongation thereof a distance of 60.00 feet to the Northeast corner of the REP Annexation No. 2 recorded December 17, 2018 as Reception No. 4454061 of the Recoreds of Weld County; THENCE South 89°34'29" East along a line parallel with and 30.00 feet Northerly of the South line of the Southeast Quarter of said Section 22 a distance of 1189.09 feet to the Westerly Right of Way line of the Union Pacific Railroad; THENCE South 16°47'30" East along said Westerly line a distance of 61.82 feet to the POINT BEGINNING; Said parcel of land contains 1.65 acres, more or less. 8 EXHIBIT B WELD COUNTY ROAD 90 ANNEXATION ,OVICINITY MAP 1°=2000' LEGEND RICH, Of WAY L343 R sO2O x6FEREx0E moxota xt ecnox coxx[F NOTES 11 Basis of Reanngn Is the South hne of .e Southeast Quarter of Section 22. Township a North. Range 66 West of the h. Principal Meridian. Said line bears North 89° 34' 29 West a distance of 202 99 feet and monumented as thou. hereon 2) The lineal unit of measurement for this drawing is LA S. Survey Feet. WELD COUNTY ROAD 90 ANNEXATION TOTAL PERIMETER __ _._.. _._.2520.39' CONTIGUOUS BOUNDARY 1268 OtP OINIMUOI CONTIGUOUS PERIMETER FEET REQUIRED.... __. 420.00 INDICATES PRESENT TOWN BoUNDANT LINE WELD COUNTY ROAD 90 ANNEXATION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 22, AND IN THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO Approved this Day of 20_, by the Engineer for the Town of Piece, Colorado. TOWN'S MAYORAL ACCEPTANCE: Approved this Day of 20_, by the mayor of the Town of Piece Colorado. Town Mayor TOWN CLERK'S CERTIFICATE. Town of Pie Weld o1 hereby certify h d copy the Map approved by thethe wn Co..of. T r Canry, Colorado,g the descoptionof lands annexed. the Town of Piece Weld County, Colorado byOrdinanNo. bhet copy f which is herein filed, which ordnance betahne effentve on o 20 City Clerk SURVEYORS CERTIFICATE Steven A. Lund a Colorado Registered) Professional Lind Surveyor.. hereby state that tha Properly Desaipnon of land proposed to he annexed to .e Town of Pierce. Coon ty of Weld, State of Colorado, sVAS prepared under my personal supervision and checking. and that tit a true and mrrecr to the best of my knowledge, tnfombon, belief, and In my professional opinion. I further state that not less than one -sixth of the peruneler of the arm proposed to be annexed w contiguous to the boundary Ime of the Town of Piece. County of Weld Slate of Colorado on Behalf,. Northern Fngineertng Colorado Registered professional land Surveyor 334995 UNE TABLE _ _ _ — _ Bu- - 1N 'fB soF s BE.91WIGsi 63 9s OO FOUND 23. ALUMINUM PIPE oeceekea taam4 Ls 20665 IN ALUMINUM BOX NORTH t �xt nab - hoes TIM I ar zszrel u33 of 331-3130.3„ To 7 ANNEXATION PARCEL 71,827 sq. ft. / 1.65 acres 111Eh 'lilt SB8.340290E 118048' STATEMENT OPOWNLRG111P AND DEDICATION. KNOW ALL MEN PRESENT, THE UNDERSIGNED, BEING ALL THE OWNERS AND LIENHOLDERS OF THE FOLLOWING DESCRIBED PARCEL. ANNEKA'TION PROPERLY DESCRIPTION. A panel of l.md being annexed into theTown of Pierce eand being portions of the Northeast ar 1271, and the Southeast Quarter of Seaton, Twenty -Two (22). both Township Eight North (T'.BN,)).Range Sect,. West yen (R.66W) of the Sixth Pnncupal Meridian (6th P.M.I. County of Weld. Stale of Colorado, and being more particularly described as follows. COMMENCING at Ole Southeast Corner of said Section 22 and assuming the South line of the Southeast Quaterof said Section 22 as beams North 8,034'29" West a distance 0(263799 feet wt. all other bearings contained herein relative thereto. THENCE North 99`4'39" West along .e Sou. Itne of the Southeast Quarter of said Section 22 a distance of 120.24 feel to the Westerly Right of Way lee of the Union Pacific Railroad; THENCE Snu.16°4T30. East along said Westerly line a distance of 3141 feet to a Ime parallel with and 30.30 feet southerly of .e sou. brie of the Southeast Quarter of said Section 22 and the POINT OF BEGINNING: THENCE NOM 89°429" West along said parallel line distance of 1208.08 feel m ine Southeast comer of the REP Amsexatton No 1 monied De.sdriher 12,2016p 5406 f. Id County. distance 2 0 - g d RE d December Northerly prolongation b 4434061 of the RecordsT THENCE East along a line 909 p f y South line of the east Quarter of said tin 22a c. ,t 118 feet the W.Ierly Right of Way line of.eUnion c Railroad THENCE South 16 47110 Fast along said Westerly line a distance of ti1.82 feet..e POINT OF BEGINNING; San' panel of Imhd eontams 1.65 acres, more or less NOTARY PUBLIC. STNI E OFCOLORADO I\ELD COUNTY OF )bS The foregoing instrument was acknowledged before me this Day of rtuntsam e.prea: N ary Public ROW EAVEwUE.--.— . 89°34'23 W 1208.08 III nee x het ~ ~ n. xo 20� C o \Uh 4T XOO z \ \ Sy T1 G1TT a O O(1 \ POINT OFCOMMENGEMENTREFERENCE MONUMENT , ct, 0 6EDNOt16T400 ABBW I I SPENCER AVENUE POINT OF BEGINNING SE CORNER 622d8N-ReVN WELD COUNTY ROAD 90_ _ zG ct Wee 6J Zw E$ 6' WELD COUNTY ROAD 90 ANNEXATION w wW 0 O7 LL O z aO I — W Z OO O F- ≥az O z Q Sheet 1 Of 1 Sheet WELD COUNTY ROAD 90 ANNEXATION Contract Form ew Contract Request Entity Information Entity Name* TOWN OF PIERCE Entity ID* O013023 Contract Name* WCR 90 PETITION FOR ANNEXATION - TOWN OF PIERCE Contract Status CTB REVIEW ❑ New Entity? D 5650 Contract Lead* ERELFORD Contract Lead Email erelford@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description • IN ACCORDANCE WITH OUR IGA WITH THE TOWN OF PIERCE - WE ARE WORKING WITH THEM ON ANNEXING THOSE PORTIONS OF WCR 90, WHICH THEY STILL HAVEN'T ANNEXED. THIS PETITION CLEANS UP THAT ISSUE AND ALIGNS US WITH OUR EXISTING IGA (20190022) Contract Description 2 Contract Type AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal Grant Department PUBLIC WORKS Department Email CM- PublicWorks@weldgov.com Department Head Email CM-PublicWorks- DeptHeadwwel dgay.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COUNTYATTORNEYgVi/ELDG OV.COM If this is a renewal enter previous Contract ID of a NSA enter MSA Contract ID Requested BOCC Agenda Date* 03/14/2022 Due Date 03/10'2022 Will a wvrit session with B©CC be required?* NO Does Contract require Purchasing Dept. to be included? NO Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver App rt l Proces Department Head JAY MCDONALD DH Approved Date 03;'08,12022 BOCC Approved BOCC Sinned Da BOCC Agenda Date 03/16/2022 Originator ERELFORD Contact Type Review Date* 0307/2023 Committed Delivery Date Contact Email Finance Approver CHRIS D'OVIDIO Finance Approved Date 03?10;2022 Renewal Date Expiration Date* 03x07/2023 Contact Phone 1 Contact Phone 2 ing Approved Date Tyler Ref # AG 031622 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 03/10!2022 Hello