HomeMy WebLinkAbout20193455.tiffRESOLUTION
RE: APPROVE ANNEXATION AGREEMENT FOR CERTAIN COUNTY ROAD 39
RIGHT-OF-WAY AND AUTHORIZE CHAIR TO SIGN - TOWN OF LASALLE
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 for Certain
County Road 39 Right -of -Way 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 LaSalle, commencing upon full execution, with further terms and
conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Annexation Agreement for Certain County Road 39 Right -of -Way
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
LaSalle, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of July, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dfJ;eA EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
Deputy Clerk to the Board
rney
Date of signature: Og/o7Aci
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9-/(,-i9
2019-3455
EG0076
t2f,t-1,,t„t ID 30027
MEMORANDUM
TO: Board of County Commissioners
DATE: July 29, 2019
FROM: Elizabeth Relford, Deputy PW Director
SUBJECT: Town of LaSalle Annexation Agreement
In accordance with the Memorandum of Understanding (MOU) between the County, the
Town of LaSalle, and Union Pacific Railroad on August 8, 2018, Public Works is requesting
the Commissioners execute the Annexation Agreement with LaSalle.
LaSalle executed the agreement on July 30, 2019 and we are now requesting the
Commissioners approval. We anticipate LaSalle annexing the WCR 39 connector road
upon completion of the improvements. In addition, we were just notified the county
received approval of the 404 permit from the Army Corps of Engineers and anticipate
DeFalco (Contractor) starting work at the beginning of August.
Staff recommends authorization of signature on the annexation agreement. I am available
at your convenience to further discuss this matter.
2019-3455
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and executed this �' ' day of
, 2019, by and between the COUNTY OF WELD, COLORADO
(her naft referred to as "County") and the TOWN OF LASALLE, COLORADO (hereinafter
refe ed to as "Town"), for the annexation of certain road right-of-way.
WITNESSETH:
WHEREAS, County is the governmental entity which owns and controls certain real
property located adjacent to Town and more particularly described as parcels RW-02 and RW-
04, in Exhibit A (the "rights -of -way" or "ROW"), which is attached hereto and incorporated
herein by reference, and
WHEREAS, the Parties are executing this Agreement in accordance with Section 2 of
that certain Memorandum of Understanding Between Union Pacific Railroad Company and
Weld County, Colorado and the Town of LaSalle, Colorado as approved by a Resolution of the
Board of County Commissioners of Weld County, Colorado on 08/08/17 under Document
#2018-2539, and
WHEREAS, County received an Energy Impact Assistance Fund (EIAF) grant from the
Colorado Department of Local Affairs for the design of the new road improvements, and
WHEREAS, the Town received an EIAF grant to assist with the cost of constructing the
new road improvements, and
WHEREAS, County has been requested to file a petition with the Town for the purpose
of annexing to the boundaries of the Town all rights -of -way identified acquired as part of the
Weld County Road (WCR) 39 Connector Project and
WHEREAS, County desires to impose upon the Town certain conditions relating to the
proposed annexation and to the effectiveness of the referenced petition for certain ROW's, and
WHEREAS, following annexation to the Town of the ROW, said ROW must be
maintained in good condition for the use and safety of the traveling public, and
WHEREAS, the Town has reviewed and approved the conditions requested by County
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: Concurrently with or upon conveyance of
the Union Pacific Railroad property (identified in Exhibit A as RW-06) to the Town, County
shall submit a certain annexation petition for the annexation of the ROW 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 ROW will be annexed to the Town under and pursuant to the conditions set
1
20 /9 34466
forth in Paragraph 2, hereunder.
2. Conditions Applicable to Annexation. It is expressly understood by the Town
that certain requirements are being imposed by County as a condition precedent to the Town's
annexation of the ROW. These conditions are that, from and after annexation of the ROW:
(a) The Town, except as hereinafter provided, will be responsible for prospective
maintenance of said ROW.
(b) The Town will not impose any weight limitation applicable to vehicles using said
ROW.
(c) The Town will not impose any limitation on vehicular access or use of said ROW
so as to exclude farm or agricultural vehicles and equipment.
(d) Current ingress and egress to the ROW for current uses will continue to be
allowed for such purposes, the intent being that annexation shall not impair or
affect current access.
(e) The Town will implement weed control consistent with the standards of Weld
County and the State of Colorado.
(f) The Town will initiate timely removal of snow from the ROW.
(g)
(g)
The Town shall transfer reimbursement of the EIAF grant funds for the
construction project to Weld County, since Weld County is upfronting the
construction costs and managing the project.
The Town will comply with section 4 below.
3. Town's Consent to Conditions. By execution hereof, the Town shall be deemed
to agree to each and every condition stated in Paragraph 2 hereof and the use and maintenance of
the ROW shall thereafter be in accordance with the provisions therein.
4. Other Specific Requirements of Annexation. The County retains responsibility for
compliance with the Army Corps of Engineers 404 permit ("404 Permit") associated with the
property described in Exhibit A until released by the Army Corps of Engineers. As part of the
404 Permit, County is required to execute a Deed Restriction for the benefit of the Army Corps
of Engineers. An unexecuted copy of said Deed Restriction is incorporated herein as Exhibit B.
Town expressly approves the form of Exhibit B and agrees to accept responsibility for
compliance with said Deed Restriction upon approval of the Annexation Petition. Except as may
be required by the 404 Permit, upon acceptance and approval of the Annexation Petition, County
shall automatically be released of any further responsibility for such compliance.
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
2
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 N',nforcement. 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 tae 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.
N WITNESS W EREOF, the parties hereto have caused their duly authorized officials
to execute this Agreement the day and year .first above written.
COUNTY:
ATTEST:
Clerk to the Board
By:
Deputy ': erk to t
ATTEST:
By:
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Kim oleman, II own Clerk
COUNTY OF WELD, a political Weld County
subdivision of the STATE ` ' F COLORADO:
By: I 0
Mike Freeman, Pro—Tem
Board of County Commissioners,
County of Weld JUL 1
TOWN:
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TOWN OF LASALL _ N,, a municipal corporation of
the STATE OF COLORADO
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Andrew Martinez, Mayor
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- DATE DESCRIPTION
DATE:
DESIGNED
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REVIEWED
FIELD BOOK NO
PROPOSED
RIGHT-OF-WAY
EXHIBIT
4.12 2019
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Exhibit B — Form to be executed by Weld County
Deed Restriction
COVENANT OF DEDICATION
Weld County now stipulates to the following statements of fact, and further agrees to restrict the
use and title of the realty described in Attachment 1 to this document (hereinafter referred to as the
"Land") in accordance with the terms and conditions set forth herein.
STIPULATIONS OF FACT
1. That Weld County is the applicant for Department of the Army permit number
( TBD — Provided by the ACOE J to place fill material in the wetlands located in unincorporated
Weld County near the town of LaSalle, Colorado; and that the U.S. Army Corps of Engineers has
regulatory jurisdiction over the discharge of dredged or fill material into said wetlands pursuant to
Section 404 of the Clean Water (33 USC 1344).
2. That Weld County is the owner in fee of the real estate described in Attach 1.
3. That Weld County and the Omaha District of the U.S. Army Corps of Engineers have reached
an agreement whereby Weld County will be permitted to discharge fill material in wetlands in
accordance with the terms and conditions of Department of the Army permit number ( TBD );
and that in consideration for said discharge of fill material in the wetland, Weld County will provide
mitigation for the adverse environmental effects resulting from the placement of fill material in the
wetland by dedicating the realty described in Attachment 1 for perpetual use as a conservancy area in
accordance with the terms and conditions of this document and the above -mentioned permit.
4. That the above -mentioned dedication shall consist of the execution of this document by all
parties necessary to restrict the use and title of the land; and that this document shall be recorded in
the Office of the Register of Deeds for Weld County.
5. That upon receipt of a certified copy of this document, as recorded in the Office of the County
Register of Deeds for Weld County, the District Engineer of the Omaha District of the U.S. Army
Corps of Engineers will issue a validated permit, number ( TBD ) to Weld County; and that
said permit shall be issued in consideration for the execution of this Covenant.
6. That the terms and conditions of this Covenant of Dedication shall, as of the date of execution
of this document, bind Weld County to the extent of his legal and/or equitable interest in the land; and
that this Covenant shall run with the land and be binding on Weld County and its successors and
assigns forever.
7. That the terms and conditions of this Covenant shall be both implicitly and explicitly included
in any transfer, conveyance, or encumbrance of the Land or any part thereof, and that any instrument
of transfer, conveyance, or encumbrance affecting all or any part of the Land shall set forth the terms
and conditions of this document either by reference to this document or set forth in full text.
I7
DEED AND USE RESTRICTIONS
Weld County hereby warrants that he is the owner in fee of the realty described in Attachment 1
and that the Land is hereby dedicated in perpetuity for use as a conservancy area.
Weld County hereby agrees to restrict the use and title of the Land as follows:
1. There shall be no construction or placement of structures or mobile homes, fences, signs,
billboards or other advertising material, or other structures, whether temporary or permanent, on the
land.
2. There shall be no filling, draining, excavating, dredging, mining, drilling or removal of
topsoil, loam, peat, sand, gravel, rock, minerals or other materials.
3. There shall be no building of roads or paths for vehicular or pedestrian travel or any change in
the topography of the land.
4. There shall be no removal, destruction, or cutting of trees or plants; spraying with biocides,
insecticides, or pesticides; grazing of animals, farming, tilling of soil, or any other agricultural
activity. Management activities are acceptable upon approval from the Corps.
5. There shall be no operation of all -terrain vehicles or any other type of motorized vehicle on
the land.
6. This Covenant of Dedication may be changed, modified or revoked only upon written
approval of the District Engineer of the Omaha District of the U.S. Army Corps of Engineers. To be
effective, such approval must be witnessed, authenticated, and recorded pursuant to the law of the
State of Colorado.
This Covenant needs to be reviewed by the Corps of Engineers prior to signature to assure
compliance with permit conditions.
COE representative's initial
7. This Covenant is made in perpetuity such that the present owner and its heirs and assigns
forever shall be bound by the terms and conditions set forth herein.
By:
Executed before me this day of , 20, by (PERMITTEE) who is personally known to
me.
My commission expires _
Notary Public
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