HomeMy WebLinkAbout20181556.tiffRESOLUTION
RE: APPROVE PETITION FOR ANNEXATION AND AUTHORIZE CHAIR TO SIGN -
TOWN OF HUDSON
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 a Petition for Annexation between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, and the Town of Hudson, 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 between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, the Town of Hudson, 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 14th day of May, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di „A i,, j
Weld C my Clerk to the B
Deputy
APP-e�-D
Coun Attorney
Date of signature: 5#/
e Moreno, Chair
A. Cozad
Mike Freeman
itc6e))
2018-1556
BC0051
PETITION FOR ANNEXATION
TO: THE TOWN COUNCIL OF THE TOWN OF HUDSON, COLORADO
RE: PROPERTY KNOWN AS THE WELD COUNTY ROAD 49 ANNEXATION NUMBERS
1, 2, AND 3
The undersigned owners of more than fifty percent (50%) of property proposed to
be annexed, exclusive of streets and alleys, which property is described in Exhibit "A",
attached hereto and made a part of, hereby petition the Town of Hudson, Colorado for
annexation of the property described in Exhibit "A" (the "Property"), in accordance with
the provisions of Title 31, Article 12, Part 1, C.R.S.
In support of this petition, petitioners further state:
1. That it is desirable and necessary that the Property be annexed to the
Town of Hudson, Colorado.
2. The requirements of the applicable provisions of Sections 31-12-104 and
31-12-105, C.R.S. exist or have been met.
3. Not less than one -sixth (1/6) of the perimeter of the Property is/will be
contiguous with the existing boundaries of the Town of Hudson, Colorado.
4. A community of interest exists between the Property and the Town of
Hudson, Colorado.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated or is capable of being integrated with the Town
of Hudson, Colorado.
7. In establishing the boundaries of the Property, no land 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 unless separated by a dedicated
street, road, or other public way.
8. No land held in identical ownership comprising twenty (20) acres or more
and which, together with the buildings and improvements situated thereon, has a
valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the
preceding tax year has been included in boundary of the Property without the written
2018-1556
consent of the landowner or landowners.
9. No annexation proceedings have been commenced for the annexation to
another municipality of part or all of the territory proposed to be annexed.
10. Annexation of the Property will not result in the detachment of area from
any school district and the attachment of same to another school district.
11. Upon the effective date of the Annexation Ordinance, all lands within the
Property shall become subject of all ordinances, resolutions, rules and regulations of
the Town of Hudson.
12. Petitioners are owners of more than fifty percent (50%) of the territory
included in the area proposed to be annexed, exclusive of streets and alleys, and
comprise more than fifty percent (50%) of the landowners of such area, and are, in fact
owners of one hundred percent (100%) of the area proposed to be annexed, exclusive
of streets and alleys and said owners attesting to the facts and agreeing to the
conditions herein will negate the necessity of an annexation election.
13. Accompanying this petition are four (4) copies of an annexation map
showing the seal of a registered engineer or land surveyor, containing:
a. A written legal description of the boundaries of the area proposed to
be annexed;
b. A map showing the boundary of the Property and the boundary of
the Property continuous with the Town of Hudson and any other municipality
abutting the Property;
c. The location of each ownership tract of unplatted land, and, with
respect to any area which is platted, the boundaries and the plat numbers of
plots or lots and blocks;
d. The total acreage, more or less, of the Property;
e. The total length of the perimeter of the boundary of the Property
and the length of the boundary of the Property contiguous with the Town of
Hudson.
14. No part of the area proposed to be annexed is more than three (3) miles
from a point on the municipal boundary, as such was established more than one year
before this annexation will take place.
-2
15. The area proposed to be annexed is located within Weld County, Weld
County School District Re 3 (J), Hudson Fire Protection District, and the following
districts: Weld Library; Aims College; Central Colorado Water, Lost Creek Ground
Water and Central Colorado Water Conservation.
16. The mailing address of each signer, the legal description of the land
owned by each signer and the date of signing of each signature are all shown on this
Petition.
17. The territory to be annexed is not presently a part of any incorporated city,
city and county, or town.
18. No vested rights to use or to develop the Property in any particular way, as
defined in Section 24-68-101 et seq., C.R.S. have been requested by Petitioners from
any governmental entity. Petitioners waive any vested land use rights attached to any
or all of the Property.
19. The petitioners acknowledge that upon annexation of the Property to the
Town, the Property, the owners thereof, and uses thereon shall not be subject to taxes
or fees levied by the Town from which they are exempt by Colorado law.
Therefore, your petitioners respectfully request that the Town Council of the
Town of Hudson, Colorado, approve the annexation of the Property.
-3
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 Hudson, Colorado, consisting of five (5) 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.
Circulator:
STATE OF COLORADO
COUNTY OF WELD
Steve Moreno, Chairman, Board
of County Commissioners of
Weld County MAY 14 2018
��lThe foregoing Affidavit of Circulator was subscribed and sworn to before me this
/'Y' day of May, 2018, by Steve Moreno, Chairman, Board of County Commissioners of
Weld County.
My Commission expires: /
[SEAL]
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2018
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Situate in the Southeast Quarter of Section 25, township 2 North, Range 65 West
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CONTIGUOUS BOUNDARY = 2569.67 LF
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CONTIGUOUS BOUNDARY = 1230.65 LF.
TOTAL BOUNDARY - 2495.66 L.F.
RATIO = 1 1.087
AREA = 0.520 ACRE
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VICINITY MAP
ANNEXATION NO. 3
CONTIGUOUS BOUNDARY = 583.39 L.F
TOTAL BOUNDARY .= 1256.85 LF.
RATIO = 1 2.154
AREA = 0.380 ACRE
WELD CE UN IT ROAD49
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SHEET 1 OF 1
PETITION:
Signature of
Landowner
Date of
Signature
Mailing Address of Legal Description of
of Landowner Land Owned
P.O. Box 758, 1150 O Street The properties described and shown
Greeley, CO 80632 in Exhibit "A."
RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE EXTENSION OF THE
COUNTY ROAD 49 FOUR -LANE CONTROLLED -ACCESS HIGHWAY AND
AUTHORIZE CHAIR TO SIGN - THE TOWN OF HUDSON
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 Intergovernmental Agreement for the
Extension of the County Road 49 Four -Lane Controlled -Access Highway between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the County Attorney's Office, and the Town of Hudson, commencing August 10, 2016,
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 Intergovernmental Agreement for the Extension of the County Road
49 Four -Lane Controlled -Access Highway between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County. on behalf of the County
Attorney's Office and the Town of Hudson be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem 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 13th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
� ,,,/ WELD COUNTY, COLORADO
ATTEST: C l' JC o:IA EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
BY
Deputy Clerk to the Board
APPROVED AS TO FORM.
'Fe C
County Attorney
Date of signature. / C°/ I
f
Sean. Cooway, Pro-Te
Julie A Cozad
C
EXCUSED
Barbara Kirkmeyer
,A7
Moreno
cc,. co-, C'? b)
-7/Ia/aQIQ
2016-1794
CA0015
INTERGOVERNMENTAL. AGREEMENT FOR THE EXTENSION OF THE WCR 49 FOUR -
LANE CONTROLLED -ACCESS HIGHWAY THROUGH
THE TOWN OF HUDSON, COLORADO
THIS INTERGOVERNMENTAL AGREEMENT is entered into this L4r day of
, 2016. by and between the Town of Hudson, a home rule municipality of the State
o}� olorado, whose address is 557 Ash Street, P.O. Box 351, Hudson, Colorado 80642-0351.
he einatter referred to as "1 Iudsi n," and the County of Weld, a political subdivision of the State
of Colorado, by and through the Board of County Commissioners of the County of Weld, whose
address is 1 150 O Street. P.O. Box 758, Greeley, Colorado 80632, hereinafter referred to as
"County." The parties hereto may also he referred to herein collectively as "the Parties."
WITNESSETH:
RECITALS
WHEREAS, H.B. 15-1155 ("HB 1155-) was passed by the Colorado General Assembly
and signed by Governor Hickenlooper, with an effective date of August 10. 2016; and
WHEREAS, HB 1 155 adds C.K.S. § 43-2-110(1.5), which authorizes counties to designate
as a primary road any four -lane controlled -access county highway, the construction of which
commences in 2016, that is located within the unincorporated area of the county and that intersects
with an interstate highway or a United States numbered highway; and
WHEREAS, for those portions of a designated four -lane controlled -access county highway
that were annexed by a municipality prior to the designation by the county, C.R.S. § 43-2-
110(1.5)(m) authorizes the municipality and county to enter into an intergovernmental agreement
to define the jurisdiction, responsibilities, and duties of the municipality and the county with
respect to such portion of the highway as it continues through the municipality; and
WHEREAS, such intergovernmental agreements are authorized by C.R.S. § 29-1-203 and
Colorado Constitution Article VV. I Rt' )(a) .end
WHEREAS, County has planned, designed, and intends to construct Weld County Road
("WCR") 49 as a four -lane controlled -access high-speed highway, to be designated on August 10,
2016, in the unincorporated area of Weld County as a Primary Road, pursuant to C.R.S. § 43-2-
110(1.5), with said construction to commence in 2016 and WCR 49 intersecting with U.S.
Highway 34 and 1-76 (referred to herein as the "WCR 49 Highway"); and
WHEREAS, a portion of WCR 49 (between WCR 18 and 1-76; referred to herein as the
"Hudson Stretch") was previously annexed by Hudson; and
Page 1 of Pages 2016-1794 (_?,-)
WHEREAS. Hudson desires to cooperate and coordinate with County to extend the WCR
49 Highway over the Hudson Stretch so as to intersect with 1-76; however, the Parties also confirm
by this Agreement that the Hudson Stretch is a municipal street and a component of the Town's
major street system and plan pursuant to C.R.S. § 31-23-2I7, and
WHEREAS, Hudson and County have each adopted the WCR 49 Access Control Plan,
dated December 14, 2014 (referred to herein as, "\\VCR 49 ACP"), which includes a set of goals
and objectives, and recommendations regarding traffic signals, future comprehensive planning,
school bus stops, access change of use, access to the WCR 49 corridor, load limiting of WCR 49,
WCR corridor redevelopment, road cut policy, a WCR 49 corridor intergovernmental agreement,
and future access control plans; and
WHEREAS, for such extension of the WCR 49 Highway over the Hudson Stretch, as
described and detailed by this [GA, County will pay the entire cost to construct and provide
continuous maintenance of the Hudson Stretch without seeking reimbursement of such costs from
Hudson (except as to the costs of construction and installation of the improvements described in
Paragraph 5. below); and
WHEREAS, County and I [udson previously entered into the "WCR 49 Access Control
Plan Intergovernmental Agreement among the Town of Hudson, the Town of Keenesburg, the
Town of Kersey, and Weld County," dated October 19, 2015 (the "Original WCR 49 IGA"), which
agrees to implement the WCR 49 ACP along the WCR 49 Highway: and
WHEREAS, the parties hereto desire to enter into this IGA for the purpose of agreeing to
the extension of the WCR 49 Highway over the Hudson Stretch and, as authorized pursuant to
C.R.S. § 43-2-110(1.5)(m), to define the jurisdiction, responsibilities, and duties of the Hudson
and County with respect to the Hudson Stretch_
AGREEMENT
NOW,-h[IEREFORE, in consideration of the mutual promises and covenants stated herein,
the parties hereto aarec as follows.
1. INCORPORATION OF RECITALS: The Parties hereby agree to and incorporate all
of the recitals set forth above into this IGA.
2. EXTENSION OF I'IIE \VCR 49 HIGHWAY OVER THE HUDSON; SERETCH:
Hudson agrees to the extension of the WCR 49 Highway, including the proposed
widening of the roadway to five lanes, over the Hudson Stretch, pursuant to the terms
of this IGA. Such extension is without cost to Hudson.
RETENTION OF JURISDICTION BY I JUDSON FOR TIIE HUDSON STRETCH:
The Parties agree that Hudson retains jurisdiction of the Hudson Stretch as a municipal
street within I ludson after such widening and improvement: howeter, Hudson agrees
Page 2 of. 6 Pages
and acknowledges that the nature and purpose of the WCR 49 Highway is a as four -
lane controlled -access high-speed highway consistent with the Original WCR 49 IGA.
Hudson will take no actions that will inhibit such nature and purpose except as may
occur in concert with County in accordance with the terms of this IGA.
4. CONSTRUCTION AND MAINTENANCE OF HUDSON SRETCH: County agrees
to pay for the entire cost of the construction of the Hudson Stretch to the four -lane
controlled access standard (except for the costs of construction and installation of the
improvements described in Paragraph 5, below). The term "construction" shall
include, but not he limited to, the acquisition of any needed additional right-of-way,
title of which shall be held by Weld County as right-of-way. Weld County agrees to
maintain the Hudson Stretch, as needed, in perpetuity, at the County's sole cost,
beginning upon the completion of said construction. The term "maintain" shall include
only repair of the roadway surface, shoulders, and Jim's Creek bridge rails and culverts,
and the installation and replacement, if necessary, of all route markers, directional
signs, and traffic control signals, signs and control devices consistent with the Original
WCR 49 IGA.
5. DEVELOPERS ALONG HUDSON STRETCH TO PAY FOR NECESSARY
IMPROVEMENTS CAUSED BY THEIR DEVELOPMENTS: The Parties agree that
County will pay the entire cost to construct and provide continuous maintenance of the
Hudson Stretch without seeking reimbursement of such costs from Hudson. The
County shall not be responsible for the cost of any improvements within the Hudson
Stretch caused by development within the Town that requires connection to the four -
lane controlled -access highway, or additional traffic control measures, or auxiliary
lanes that are made necessary because of increased or intensified traffic entering or
exiting the WCR 49 Highway caused by such developments. in accordance with the
requirements of -the Original WCR 49 IGA and the Manual on Uniform Traffic Control
Devices (the All: TCD"). Hudson shall be responsible for ensuring in the course of its
land use approval process that such improvements are paid for, which may take the
form of payments from the developers, from metro districts, or from other funding
mechanisms.
6. SNOW REMOVAL AND STREE C SWEEPING ON HUDSON S"I-RETCI I: Hudson
shall perform snow removal and street sweeping on the Hudson Stretch and shall as
necessary and to the extent practicable coordinate such activities with County's
maintenance crews to assure that the County only performs snow removal and street
sweeping in the event the Town is unable to do so. Hudson agrees to pay for any
damage to the road surface of the Hudson Stretch directly caused by Hudson
performing snow removal or street sweeping. Hudson agrees that it alone shall he
responsible for any third -party liability directly caused by its employees performing
snow removal and. -or street sweeping on the liaison Stretch.
Page of f.) Pages
7. INCORPORATION OF ORIGINAL WCR 49 [GA: County and Hudson incorporate
herein by this reference and restate the Original WCR 49 fGA consistent with C.R.S. §
43-2-110(1.5)(m) as it relates to the respective obligations of the County and Hudson,
except that the County and Hudson expressly acknowledge that the termination
provision in Section 14 the Original WCR 49 IGA shall no longer apply.
8. ANNEXATION OF RIGHT-OF-WAY "SLIVERS" ALONG HUDSON STRETCH:
County has purchased additional rights -of -way on both sides of the Iludson Stretch.
The Parties agree that annexation of all such rights -of -way into Hudson will assist law
enforcement on the Hudson Stretch. County agrees to, within sixty (60) days of
substantial completion of construction and the opening to traffic of the Hudson Stretch
of the WCR 49 Highway, submit to Hudson a petition for annexation of such additional
rights -of -way it has purchased on both sides of the Hudson Stretch. Upon annexation,
the Parties agree Hudson shall have all access permitting authority consistent with the
Original WCR 49 IGA and the Hudson Municipal Code. Hudson agrees that access
permitting procedures, terms and standards set torth in the Hudson Municipal Code
which are not commensurate with the procedures, terms and standards set forth in the
Original WCR 49 IGA. shall not apply to the Hudson Stretch.
9. ANNEXATION OF WCR 49 LYING NORTH OF THE HUDSON STRETCH:
Hudson agrees not to approve prior to August 10, 2016 any annexation petitions
submitted to annex portions) of WCR 49 lying to the north of the Hudson Stretch.
10. INSTALLATION, OPERATION, AND MAINTENANCE OF TRAFFIC CONTROL
SIGNALS, SIGNS AND TRAFFIC CONTROL DEVICES ON HUDSON STRETCH:
County and Hudson agree that on the Hudson Stretch, the installation, operation, and
maintenance of traffic control signals, signs and traffic control devices on the Hudson
Stretch shall comply with the requirements of the Original WCR 49 IGA, the Hudson
Municipal Code, and the MUTCD. I tudson agrees that procedures, terms and standards
set forth in the Hudson Municipal Code that apply to traffic control signals, signs and
traffic control devices and which are not commensurate with the procedures, terms and
standards set forth in the Original WCR. 40 IG:A and the y1t'TCD, shall not apply to
the Hudson Stretch, Speed limits along the f tudson Stretch shall be a standard 65
miles -per -hour, unless lower speeds are warranted pursuant to the provisions of the
Original WCR 49 IGA, the Model Traffic Code, and the MUTCD. No load limits will
be imposed along the Hudson Stretch without the consent of the County. The entire
cost of the installation, operation, and maintenance of traffic control signals, signs and
traffic control devices on the Hudson Stretch shall be paid for by County (except for
the costs of construction and installation of the improvements described in Paragraph
5, above).
II. ACCESS TO THE HUDSON STRETCH: Access to the Hudson Stretch shall be
determined between Hudson and County in accordance with the terms set forth in the
Original WCR 49 IGA. Iludson has preciously approved in its Comprehensive Plan a
Page 4 of 6 Pages
major street intersection at or near 25`h Avenue and WCR 49. The Parties agree that
the terms of the Original WCR 49 IGA shall apply to the determination of access at
that location.
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 provision to the extent that this Agreement is then capable of execution
within the original intent of the parties hereto,
l3. NO THIRD PARTY BENEFICIARY 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.
14. MODIFICATION AND BREACH: This Agreement contains the entire agreement and
understanding between the parties to this Agreement and supersedes any other
agreements concerning the subject matter of this transaction, whether oral or written,
including the agreement entitled, "WCR 49 Access Control Plan Intergovernmental
Agreement Among the Town of Hudson, the Town of Keenesburg, the Town of
Kersey, and Weld County." No modification, amendment, novation, renewal, or other
alteration of or to this Agreement shall be deemed valid or of any force or effect
whatsoever, unless mutually agreed upon in writing by the undersigned parties. No
breach of am, term, provision. or clause of this Agreement shall be deemed waived or
excused, unless such waiver or consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent by any party hereto, or waiver of,
a breach by any other party, whether express or implied, shall not constitute a consent
to, waiver of, or excuse for any other different or subsequent breach.
Page 5 of 6 Pages
IN WITNESS WIIEREOF, the parties hereto have signed this Amendment this/J5_ day of
, 2016.
ATTEST: dirt/#.6%)
Weld County Clerk to the Boar
�i
Deputy V.I rk to the
COUNTY OF WELD, a political
subdivision of the State of Colorado
Page 6 or ( Pages
Sean P. Conway, Pro-Tem
Board of County Commissioners
of the County of Weld JUN 1 3 206
71(2)
IESS WHEREOF, the parties hereto have signed this :Amendment thisday
T
.2016. d
A I I COUNTY OF WELD, a political
Weld County Clerk to the Board subdivision of the State of Colorado
By:
Deputy Clerk to the Board
[TEST'
SEAL
1
e Barker, Town Clerk
Pa
By SEE ATTACHED SIGNATURES.
Mike Freeman, Chairman
Board of County Commissioners
of the Count\ of Weld
TOWN OF III: DSON, a home rule
municipality of the State of Colorado
airs
Raymond Patch. Mayor
WELD COUNTY ROAD 49ANNEXATIONNUMBERS 1, 2 and 3
•
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LEGEND
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