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HomeMy WebLinkAbout20223306.tiffRESOLUTION RE: APPROVE ANNEXATION AGREEMENT AND PETITION FOR ANNEXATION OF PORTIONS OF COUNTY ROADS 59, 18, AND 16.5, 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 of Portions of County Roads 59, 18, and 16.5, 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 is 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 the Petition for Annexation of Portions of County Roads 59, 18, and 16.5, 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. cc:P,J(c iIo a/nufss), Giii88/x j O9/O4 *L( 2022-3306 EG0080 ANNEXATION AGREEMENT AND PETITION FOR ANNEXATION OF PORTIONS OF COUNTY ROADS 59, 18, AND 16.5 - TOWN OF KEENESBURG PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE,4D COUNTY, COLORADO ATTEST: d„ & W, jde,04 Weld County Clerk to the Board BY: eputy Clerk to the Board Sd'ott K. James, Chair Mi erry L. B APPROVED AS TO FOR tf _.,.` � % XCUSED County Attorney Date of signature: 12/5/2-2 an, Pro -T teve Moren Lori Sai 2022-3306 EG0080 Co ►-I*t-H DttioLig BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Keenesburg Annexation Agreement - WCRs 59,18 & 16.5 DEPARTMENT: Public Works PERSON REQUESTING: Elizabeth Relford Brief description of the problem/issue: DATE: November 15. 2022 On January 12, 2022, the Commissioners entered into a Nonexclusive License Agreement with the Town of Keenesburg to allow for sidewalk improvements to be constructed and maintained by Keenesburg within county rights -of -way at the intersection of WCRs 59 & 18. In addition, since the Town was cleaning up these right-of- way parcels, they also requested including portions of WCR 16.5 adjacent to the school and town property and the southern portion of WCR 59 adjacent to their new residential subdivision south of WCR 16.5. Therefore, attached is the annexation agreement and petition for annexation for those portions of WCR's 59, 18, and 16.5 that remain in Weld County's jurisdiction for the Board's consideration. Please see the attached agreement, plats, and petition. Upon approval of this annexation, Weld County and Keenesburg view the conditions of the nonexclusive license agreement completed. We request putting this agreement and petition on the Board's agenda for approval. What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Option 1: Approve putting the Annexation Agreement and Petition for annexation on the next available BOCC agenda. Option 2: Do not approve moving forward with this agreement. Option 3. Request a work session to further discuss the agreement. Recommendation: Public Works recommends placing the Agreement and Petition on the Commissioners next available BOCC agenda. Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine Approve Schedule Recommendation Work Session Other/Comments: 2022-3306 kk/Z6 EC1 0NC 4870684 12/06/2022 12:53 PM Total Pages: 8 Rec Fee: $48.00 Carly Koppes - Clerk and Recorder, Weld County , CO ANNEXATION AGREEMENT THIS A E TION AGREEMENT is made and executed thisajaday of . 2022, 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 "Town"), for the annexation of: Those portions of Weld County Roads ("WCR's") 59, 18 and 16%Z described or shown in the attached Exhibits "A" through "D." The annexation of these portions of roadways is hereinafter referred to as: "County Roads 59, 18 and 16%z Annexation to the Town of Keenesburg" or the "WCRs 59, 18 and 16.A Keenesburg Annexation." WITNESSETH: WHEREAS, Annexor is the governmental entity which owns and controls the WCRs 59, 18 and 16'/2 Keenesburg Annexation, and WHEREAS, Annexor has been requested to file a petition with the Town for the purpose of annexing the WCRs 59, 18 and 16.6 Keenesburg Annexation to the boundaries of the Town, 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 certain annexation petition for the annexation of the real property described or shown in Exhibits A through D, 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 through D 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 WCRs 59, 18 and 16%Z 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 4870684 12/06/2022 12:53 PM Page 2 of 8 the removal of snow, all as determined reasonable and necessary by the Town. a. The Town will not impose any weight limitation applicable to vehicles using the annexed WCRs 59, 18 and 16'/z without the written consent of the Annexor. b. The Town will not impose any limitation on vehicular access or use of the annexed WCRs 59, 18 and 16%Z 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 portions of WCRs 59, 18 and 16'fs 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 portions of WCRs 59, 18 and 16%. c. Current points of ingress and egress to the annexed WCRs 59, 18 and 16Ye 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 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. 2 4870684 12/06/2022 12:53 PM Page 3 of 8 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 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. t ,, ,,��,,// ANNEXOR: ATTEST: `/,,di4Ln1 Jeld4 e1 COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the STATE OF COLORADO: ATTEST: (7,t0ifk ) Im a Fernandez, Town rk By: 41;; ;;:r. James, Chair NOY 2 8 2022 TOWN: TOWN OF KEENESBURG, a municipal corporation of the STAJt OF COLORADO By: 3 A1' veer-, Mayor .4vLn La ill ap o2�- 3304' 4870684 12/06/2022 12:53 PM Page 4 of 8 EXHIBIT A COUNTY ROAD 59 & COUNTY ROAD 16.5 ANNEXATION TO THE TOWN OF KEENESBURG A PARCEL OF LAND LOCATED IN SECTION 25, 26, 35, AND 36, TOWNSHIP 2 NORTH, RANGE 64 WEST, OF THE 6TH P.M., TOWN OF KEENESBURG, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26 TO BEAR NORTH 00°56'04" WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE EAST 1/4 CORNER OF SAID SECTION 26; THENCE NORTH 89°25'54" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 16 1/2, A DISTANCE OF 1435.68 FEET TO THE SOUTHEAST CORNER OF PARCEL A, SPARROW SUBDIBVISON, FIRST REPLAT, AS SHOWN ON THE PLAT RECORDED OCTOBER 25, 2011 AS RECEPTION NO. 3801237 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°34'06" EAST, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 16 1/2; THENCE SOUTH 89°25'54" WEST, COINCIDENT WITH SAID SOUTH RIGHT- OF-WAY LINE, A DISTANCE OF 1405.01 FEET TO THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 59; THENCE SOUTH 01°12'18" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 2170.29 FEET; THENCE NORTH 89°38'59" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 45.01 FEET; THENCE SOUTH 01°12'18" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 410.05 FEET TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 25; THENCE SOUTH 01°13'13" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 70.01 FEET; THENCE SOUTH 89°38'59" WEST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 45.00 FEET; THENCE SOUTH 01°13'13" EAST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 2569.13 FEET TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 36; THENCE SOUTH 89°38'10" WEST, COINCIDENT WITH THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 36, A DISTANCE OF 30.00 FEET TO THE WEST 1/4 CORNER OF SAID SECTION 36; THENCE SOUTH 89°04'59" WEST, COINCIDENT WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 35, A DISTANCE OF 30.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 59; AND THE SOUTHEAST CORNER OF SLOAN ANNEXATION TO THE TOWN OF KEENESBURG, AS SHOWN ON THE PLAT RECORDED FEBRUARY 8, 2008 AS RECEPTION NO. 3534142 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE COINCIDENT WITH SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: 1) NORTH 01°13'13" WEST, A DISTANCE OF 2109.21 FEET; 2) NORTH 56°55'50" WEST, A DISTANCE OF 100.50 FEET; 3) NORTH 01°13'13" WEST, A DISTANCE OF 359.80 FEET; 4) SOUTH 88°48'31" WEST, A DISTANCE OF 30.00 FEET; 5) NORTH 01°13'14" WEST, A DISTANCE OF 70.00 FEET; 6) NORTH 01°12'18" WEST, A DISTANCE OF 380.00 FEET; 7) NORTH 88°47'42" EAST, A DISTANCE OF 30.00 FEET; 8) NORTH 05°07'16" EAST, A DISTANCE OF 90.75 FEET; THENCE NORTH 01°12'18" WEST, COINCIDENT WITH SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2110.34 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WOODWARD AVENUE; THENCE NORTH 01°12'14" WEST, A DISTANCE OF 60.00 FEET TO THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF WOODWARD AVENUE AND THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 59; THENCE NORTH 89°25'26" EAST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 445,239 SQUARE FEET OR 10.22 ACRES, MORE OR LESS 4 4870684 12/06/2022 12:53 PM Page 5 of 8 COUNTY ROAD 59 & COUNTY ROAD 18 ANNEXATION TO THE TOWN OF KEENESBURG A PARCEL OF LAND LOCATED IN THE NORTHWEST %. OF SECTION 25, TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST 24 OF SAID SECTION 25 TO BEAR NORTH 00°56'04" WEST, BEING MONUMENTED ON THE NORTH END BY Y." REBAR WITH 3 1/4 ALUMINUM CAP, PLS 22098, AND ON THE SOUTH END BY A Y." REBAR WITH 3 4" ALUMINUM CAP, PLS 27269, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 25; THENCE SOUTH 00°56'04" EAST, COINCIDENT WITH THE WEST LINE OF THE NORTHWEST % OF SAID SECTION 25, A DISTANCE OF 1066.40 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUTY ROAD 398 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 65°32'29" EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 32.72 FEET TO THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 59; THENCE SOUTH 00°56'04" EAST, COINCIDENT WITH SAID EAST RIGHT-OF- WAY LINE, A DISTANCE OF 163.73 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 18; THENCE NORTH 65°32'239" EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 10.91 FEET; THENCE SOUTH 00°56'04" EAST, A DISTANCE OF 65.37 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 18 THENCE SOUTH 65°32'29" WEST, COINCIDENT WITH THE WESTERLY EXTENSION OF SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 43.63 FEET TO THE WEST LINE OF THE NORTHWEST 4 OF SAID SECTION 25; THENCE NORTH 00°56'04" WEST, COINCIDENT WITH SAID WEST LINE, A DISTANCE OF 228.74 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 7,516 SQUARE FEET OR 0.17 ACRES, MORE OR LESS. 5 4870684 12/06/2022 12:53 PM Page 6 of 8 EXHIBIT B 6 4870684 12/06/2022 12:53 PM Page 7 of 8 EXHIBIT C COUNTY ROAD 3e & COUNTY ROAD 1e 112 ANNEXATION TO THE TOWN OF KEENESBURO fa. M~��w1.R9. L�i�n�i� d R.b. Aan �41w�b si•..,i ar e4 'ri.'a114 -SC' itito s�f 7 4870684 12/06/2022 12:53 PM Page 8 of 8 EXHIBIT D COUNTY ROAD do d COUNT, ROAD 18 ANNEXATION TO THE TOWN OF IEENESBURO an�r.t q•. rN.n� i/� r snm �x Te' r Nw•leq. [ J Yi11. 9y M~[elwab �►Zt'R1: ald L�950i ddY' ww r mssurc rmw�c AMOR .[a�ngp�vcpa,. ae` 8 ANNEXATION PETITION TO THE TOWN OF KEENESBURG WELD COUNTY ROADS 59, 18 & 16.5 ANNEXATION DATE: November 21, 2022 TO: THE TOWN BOARD OF THE TOWN OF KEENESBURG, 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 K e e n e s b u r g ("Town") and its Board for annexation to the Town of the following described unincorporated territory located in the County of Weld, State of Colorado, to -wit: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. seq., Colorado Revised Statues, hereby petition 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 Exhibits "A" through "D" and incorporated herein by this reference, located in the County of Weld and State of Colorado, and This annexation shall be known as the "County Roads 59, 18 and 16%: Annexation to the Town of Keenesburg." In support of this petition, the petitioner further states to the Board of Trustees that: 1. It is desirable and necessary that the territory described or shown in Exhibits A through D 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. 1 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. f. 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, 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. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg was held within twelve months preceding the filing of this petition. h. 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 i. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. j. 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. k. The territory proposed to be annexed is 10.39 acres in total area. I. 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.5., 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 portion 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 2 denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Keenesburg but is not bounded on both sides by the Town of Keenesburg. 3. 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 conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. 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; b. A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer; c. 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; d. 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; e. 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; f. A full legal description of property to be annexed in word format; g. A tax certificate showing all taxing entities; h. Mineral owner's notification certificate; and An 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. 3 5. 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 Zone District. The petitioners agree that said 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. 7. 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. 8. 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. 9. 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 Town, appear on the annexation map: All conditions set out in the annexation agreement executed by the petitioner. THEREFORE, the petitioners, respectfully petitions the Board of Trustees of the Town of Keenesburg to annex the territory described, shown and/or referenced to in Exhibits A through D to the Town of Keenesburg in accordance with and pursuant to the statues of the State of Colorado. ATTEST: .10fs/i..) v• J&;ti WELD C u TY Clerk to the Board Bv. 4 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By: tt K. James, Chair Noy! 2 8 2022 02001,2- 3 s° 4 STATE OF COLORADO ) ss COUNTY OF WELD The above and foregoing instrument was subscribed and sworn to before me this day of 20X. Witness my hand and official s -al. My commission expires on: /O2/I 9/old-- CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE Ur CULuRADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 (SEAL) Notary Public Hoffman 1013 N 3rd Street Address Johnstown, CO 80534 5 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 5 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose - 't purports to be. STATE OF COLORADO ss COUNTY OF WELD ACKNOWLEDGEMENT Circulator id The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this �� of 2(y� day , My commission expires on: CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE Or COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 (SEAL) Witness my hand and official seal. Notary Publi./ Ch- yl Hoffman 1013 N 3rd Street Address Johnstown, CO 80534 6 Contract Form New Contract Request Entity !nforrnati Entity Name* TOWN OF KEENESBURG on Entity ID* 00.00003349 Contract Name* ANNEXATION AGREEMENT & PETITION - TOWN OF KEENESBURG Contract Status CTB REVIEW ❑ New Entity? Contract ID 6496 Contract Lead* ERELFORG Contract Lead Email erelford@co.weld.co.us Parent Contract ID Requires Board Approval YES Department Project # Contract Description* TOWN OF KEENESBURG ANNEXATION AGREEMENT AND PETITION FOR PORTIONS OF WELD COUNTY ROADS 59, 18 & 16.5. Contract Description 2 Contract Type. AGREEMENT Amount. $0.00 Renewable* NO Automatic Renewal Grant IGA Department PUBLIC WORKS Department Email CM- Publ icWo rks gwel dgov. corn Department Head Email CM-PubllcWorks- DeptHeacl3weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WELDG OV.COM Requested 11OCC Agenda Date. 11/2112022 Due Date 11/17/2022 Will a work session with 1OCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter PISA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dal Effective Date Review Date. 11 21/2023 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 11/21/2023 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Approval Proms Department Head .CURTiS HALL DH Approved Date 11/21/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 11/28/2022 Originator ERELFORD Finance Approver CHRIS D'OVIDIO Purchasing Approved Date Finance Approved Date 11/21/2022 Tyler Ref # AG 112822 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 11/23/2022 Hello