HomeMy WebLinkAbout20203014.tiffRESOLUTION
RE: APPROVE ANNEXATION AGREEMENT AND PETITION FOR ANNEXATION OF
PORTIONS OF COUNTY ROADS 31, 98, AND 100 AND AUTHORIZE CHAIR TO
SIGN - TOWN OF NUNN
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 31, 98, and 100 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 Nunn, 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, 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 Annexation Agreement and a Petition for Annexation of Portions of
County Roads 31, 98, and 100 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 Nunn, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement and petition.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of October, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dj„)EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
Counfy Attorney
Date of signature: I OM 3 /)-
Kevin D. Ross
(-cCEA /bA),CA(963
oa/n/al
2020-3014
EG0078
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and executed this lJ day of
ueJ ber , 2020, by and between the COUNTY OF WELD, COLORADO
(hereinafter referred to as "Annexor" or "the County") and the TOWN OF NUNN, COLORADO
(hereinafter referred to as "Town"), for the annexation of:
Those portion of Weld County Roads ("WCR") 31, 98 and 100 described in the attached
Exhibit "A" and shown on the attached Exhibits "B" and "C." The annexation of these portions
of roadways is hereinafter referred to as: "Nunn County Roads 31, 98 and 100 Annexations."
WITNESSETH:
WHEREAS, Annexor is the governmental entity which owns and controls the Nunn
County Roads 31, 98 and 100 Annexations, and
WHEREAS, Annexor has been requested to file a petition with the Town for the purpose
of annexing the Nunn County Roads 31, 98 and 100 Annexations 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 in Exhibit A, 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 in Exhibit A 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 prospective maintenance of the annexed WCR's 31, 98, and
100 unless otherwise identified in the annual Gravel Road Maintenance Letter.
Maintenance includes, but is not limited to, frequent surface treatment repair,
such as grading, prevention of the development of rutting and washboards;
filling potholes; repair and fill of washouts; as well as implementation of weed
control consistent with the standards of Petitioner and the State of Colorado
and the removal of snow.
020 v3OI�
a. The Town will not impose any weight limitation applicable to vehicles
using the annexed WCR's 31, 98 and 100.
b. The Town will not impose any limitation on vehicular access or use of
the annexed WCR's 31, 98 and 100 so as to specifically exclude farm or
agricultural vehicles and equipment.
c. Current ingress and egress to the annexed WCR's 31, 98 and 100 for
current uses will continue to be allowed for such purposes, the intent
being that annexation shall not impair or affect current access.
d. Town agrees to install 45 MPH speed limit signs on WCR 29, between
4th Street and WCR 98, at the same time the County installs 35 MPH
speed limit signs on WCR 31 and 45 MPH speed limit signs on WCR
98.
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 not be required to produce
an annexation plat (provided by County).
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
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.
2
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.
ATTEST:
Clerk t
By.
Deputy
ATTEST:
By:
Board
ANNEXOR:
Jedo'tii COUNTY OF WELD, a political Weld County
subdivision of the STATE OF COLORADO:
711-0-1-e-i•tto-
teve Moreno, Pro -Tern
oard of County Commissioners,
ounty of Weld OCT 0 5 2020
TOWN:
TOWN OF NUNN, a municipal corporation of the
STATE OF COLORADO
By:
3
Terrence Tisley, Mayor
ogoato _ 3otik
TOWN OF NUNN COUNTY ROADS 31, 98 AND 100 ANNEXATION
PETITION FOR ANNEXATION TO THE TOWN OF NUNN
DATE: October 5, 2020
TO: THE BOARD OF TRUSTEES OF THE TOWN OF NUNN, COLORADO.
I, Mike Freeman, 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 Nunn ("Town") and its Board of Trustees for annexation to the Town of the
following described unincorporated territory located in the County of Weld, State of
Colorado, to -wit:
See the legal description in Exhibit A and the roadways shown on Exhibits B and C,
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'S 31, 98, and 100."
This annexation shall be known as the "Nunn County Roads 31, 98 and 100
Annexation."
As part of this petition, your petitioner further states to the Board of Trustees of
Nunn, Colorado, that:
1. It is desirable and necessary that the territory described in Exhibits A and B be
annexed to the Town.
2. The requirements of C.R.S. §§ 31-12-1(}4 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
1
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 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 11.03 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.
2
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
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 registered engineer;
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 classifications requested for the area proposed to be annexed are Low
Density Residential, Medium Density Residential, Mixed Use, Employment Area,
and Park/Open Space Zoning Districts. Petitioner agrees that the annexed land shall
be brought under the provisions of Title 17 of the Town of Nunn 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 specifically acknowledge the execution of an Annexation
Agreement contemporaneously with the execution of this Petition, and both parties
expressly consent to the terms and conditions set forth therein, which include, but
are not limited to, the following:
3
a. The Town will be responsible for prospective maintenance of the
annexed WCR's 31, 98, and 100 unless otherwise identified in the
annual Gravel Road Maintenance Letter. Maintenance includes, but
is not limited to, frequent surface treatment repair, such as grading,
prevention of the development of rutting and washboards; filling
potholes; repair and fill of 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's 31, 98 and 100.
c. The Town will not impose any limitation on vehicular access or use
of the annexed WCR's 31, 98 and 100 so as to specifically exclude
farm or agricultural vehicles and equipment.
d. Current ingress and egress to the annexed WCR's 31, 98 and 100 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 Exhibits B and C), requests that the Town, acting through its Board of
Trustees, 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: d‘CILA) `• J'C•ei
Weld County Clerk to the ,: oard subdivision of the STATE OF COLORADO:
COUNTY OF WELD, a political
By:
teve Moreno, Pro-Tem
and of County Commissioners of the
unty of Weld OCT 0 5 2020
4
STATE OF COLORADO )
) ss.
COUNTY OF )
MARIAN N HIGGINS
NOTARY PU641C
STATE OF COLORADO
NOTARY ID 20194029616
MY COMMISSION EXPIRES AUGUST 5, 2023
The foregoing instrument was acknowledged before me this 5th day of October 2020,
by Steve Moreno , Board of County Commissioners of the County of Weld.
My commission expires: AvgvS'1' oS, 2.02.3
Witness My Hand and Official Seal.
Notary Public
Petitioner Mailing Address: 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632.
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 and C.
6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
Bruce T. Bakker
, 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 Nunn, Colorado, consisting o, pages including this page and that each
signature hereon was witnessed by you affiant and is the signature of the person whose name is
purports to be.
ator , Bruce T. Barker
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 5th day of
October ,20 20 by Bruce T. Barker
My commission expires: 12/19/2022
Witness My Hand and Official Seal.
Notary
Cheryl Sri Hoffman
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
7
EXHIBIT "A"
LEGAL DESCRIPTION
PARCELS OF LAND, LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 5,
THE NORTH ONE-HALF OF SECTION 4, THE NORTHWEST ONE -QUARTER OF SECTION
3, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO, AND THE WEST ONE-HALF OF SECTION
34, THE SOUTHWEST ONE -QUARTER OF SECTION 27, THE SOUTHEAST ONE -
QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 30.00 FEET OF THE NORTHEAST ONE -QUARTER OF SECTION 5,
TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO, FROM THE SOUTH ONE -QUARTER
CORNER OF SECTION 32, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, EAST TO THE
NORTHEAST SECTION CORNER OF SAID SECTION 5.
ALSO THE NORTH 30.00 FEET OF SECTION 4, TOWNSHIP 8 NORTH, RANGE 66 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
ALSO THE EASEMENT DEED AS RECORDED AT THE WELD COUNTY CLERK AND
RECORDERS OFFICE UNDER RECEPTION NUMBER 4596023, LOCATED IN THE
NORTHEAST ONE -QUARTER OF SECTION 4, TOWNSHIP 8 NORTH, RANGE 66 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHERE THE NORTH SECTION LINE OF SAID SECTION 4
INTERSECTS WITH THE EASTERLY RIGHT-OF-WAY OF THE UNION PACIFIC
RAILROAD;
THENCE DEPARTING SAID NORTH SECTION LINE IN A SOUTHEASTERLY DIRECTION
AND ALONG SAID EASTERLY RIGHT-OF-WAY TO A POINT 30.00 FEET SOUTH AND
PERPENDICULAR TO SAID NORTH SECTION LINE;
THENCE WESTERLY ALONG A LINE 30.00 FEET SOUTH FROM AND PERPENDICULAR
TO SAID NORTH SECTION LINE, A DISTANCE OF 209.82 FEET;
THENCE SOUTHWESTERLY A DISTANCE OF 66.70 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY OF HIGHWAY 85 AND BEING A POINT PERPENDICULAR
TO AND 150.00 FEET FROM THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION
PACIFIC RAILROAD;
THENCE NORTHWESTERLY ALONG SAID HIGHWAY 85 RIGHT-OF-WAY LINE OF THE
UNION PACIFIC RAILROAD TO THE NORTH SECTION LINE OF SAID SECTION 4;
THENCE EASTERLY ALONG SAID NORTH SECTION LINE TO THE POINT OF
BEGINNING.
ALSO THE NORTH 30.00 FEET OF THE WEST 30.00 FEET OF THE NORTHWEST ONE -
QUARTER OF SECTION 3, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
ALSO THE WEST 30.00 FEET OF SECTION 34, TOWNSHIP 9 NORTH, RANGE 66 WEST
OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
ALSO THE SOUTH 30.00 FEET OF THE WEST 30.00 FEET OF THE SOUTHWEST ON -
QUARTER OF SECTION 27, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
ALSO THE SOUTH 30.00 FEET OF THE SOUTHEAST ONE -QUARTER OF SECTION 28,
TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO FROM THE EAST LINE OF SAID SECTION
28, TO THE EAST LINE OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY.
SAID PARCEL CONTAINS 480,601.11 S.F. OR 11.03 ACRES, MORE OR LESS.
Exhibit "B"
WELD COUNTY ROADS 98, 31 AND 100 ANNEXATION
TO THE TOWN OF NUNN
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PART OF SECTIONS •i 4 AND S, TOWNSHIP 8 NORTH, RANGE 66 WEST AND
PART OF SECTIONS 2Z 28 AND 34, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE
6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
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ANNEXATION PROPERTY DESCRIPTION R
IDERZLE OF LAND, 'LOCATION THE NORTHEAST ONE -QUARTER or SECTION 6 THE
THE NORTH 3000 FEET Of .2 NORTHEAST ONE-OUAR.R Of SECTION 5. TOWNSHIP B
THENCE DEPARTING SAID NORTH SECTION LINE IN A SOUTHEASTERLY OIRECTION ANO ALONG
SAID EASTERLY RIGHT-OF-WAY LINE 70 A PONT 30.00 FEET SOUTH AND PERPENDICULAR TO
SAID NORTH SECTION LINE,
209.82 FEET;
THENCE SOUTHWESTERLY A DISTANCE OF 66.70 FEET TO A POINT ON THE EASTERLY
ALSO THE NORTH 30 00 FEET OF THE WEST 30 00 FEET Of .2 NORTHWEST 0512-021ARTER
OF SECTION 3. TOWNSHIP RATA RANGE 56 WEST Of THE SIXTH PRINCIPAL MERIDIAN
COLIN. Of MILO. STATE Of COLORADO
ALSO THE WEST 30.00 FEET Of SECTION 34. TOWNSHIP 9 NORTH, RANGE BB WESI OF THE
SIXTH ATE OF PRINOPAL MERIDIAN. T 30 COUNTY or ES0 FEETST OF THE ON PRESTO
AL SOUTH .0E-QUARICOUNTY Of .LO. STATE OF COLORADO.
OF SECTION TOWNSHIP 9 NORTH. RANCE 66
SAID PARCEL CONTAINS 480,01.11 al OR II D3 co MORE OR LES,
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WELD COUNTY ROADS 98, 31 AND 100 ANNEXATION
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