HomeMy WebLinkAbout20180898.tiffI*1.*
Town Of
March 19, 2018
RE: WCR17 and WCR19 Annexation and Zoning
To Whom It May Concern:
Per C.R.S. 31-12-108(2), the purpose of this letter is to provide a copy of the published notice,
together with a copy of the resolution, and petition for annexation, as filed, to the Board of County
Commissioners, the County Attorney, and any Special Districts within the proposed area to be
annexed.
Within this packet you will find the following items:
• Petition for Annexation
• Resolution Finding Petition for Annexation to be in Substantial Compliance
• Public Notice Published in the Greeley Tribune
• Annexation Maps
• Vicinity Map
If you have any questions, you may contact Mitch Nelson at mnelson@townofseverance.org or at
970-686-1218.
Cordially,
TOWN OF SEVERANCE
Betty Mauch
Title: Town Clerk
Public. Rev;ev°
O3—a(o — l$
ex,: 5 -OCRs), PL(minIrc, em(mueun `TP),
3 S. Timber Ridge Parkway, Severance, Co
PW (EP/C!f/ER)865
o3 -22-I
2018-0898
TOWN OF SEVERANCE
RESOLUTION NO. 2018-04R
A RESOLUTION FINDING PETITION FOR ANNEXATION SUB1VIITTED BY
WELD COUNTY TO BE IN SUBSTANTIAL COMPLIANCE WITH
COLORADO REVISED STATUTES 31-12-107 AND SETTING A HEARING
PURSUANT TO COLORADO REVISED STATUTE
31-12-108
WHEREAS a written petition was filed with the Town Clerk requesting the annexation of certain
property to be known as Weld County Road 19 Annexation; and
WHEREAS the Board of Trustees for the Town of Severance desires to initiate annexation proceedings
in accordance with law;
IT IS THEREFORE RESOLVED by the Board of Trustees of the Town of Severance Colorado, this
5th day of March, 2018, as follows:
1. That the Board hereby accepts the annexation petition for the Weld County Road 19 Annexation, more
particularly described in Exhibit A.
2. That the Board hereby finds and determines that the annexation petition and accompanying map
contains all allegations required for such a petition under the Municipal Annexation Act of 1965, which
is referred to herein as the "Act", and that if such allegations are determined to be well founded, such
property would be eligible for annexation to the Town of Severance.
3. That the Notice attached as Exhibit B be adopted as a part of this Resolution. Said Notice establishes
the date, time, and place when a public hearing will be held to determine if the proposed annexation
complies with Section 30 of article II of the Colorado Constitution and Sections 31-12-104 and 31-12-105
of the Colorado Revised Statutes or such provisions thereof as may be required to establish eligibility
under the terms of the Act. The Town Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Act.
DULY PASSED by the Board of Trustees this 5th day of March, 2018.
TOWN GF SEVERANCE
ATTEST:
irmitex
Bettyyauch, Town Clerk
of Set,
own8�,�
m
tnCorporated 1920
Severance, Colorado
Donald R. Brookshire Mayor
EXHIBIT B
TOWN OF SEVERANCE, COLORADO
NOTICE OF PUBLIC HEARINGS FOR A PROJECT
Weld County Road 19 Annexation &
Zoning
PUBLIC NOTICE IS HEREBY GIVEN of a public hearing before the Severance Planning Commission
on March 21, 2018 and the Board of Trustees on April 2, 2018 at the following time and place:
6:00 P.M.
Severance Administration Building
3 S. Timber Ridge Parkway
Severance, Colorado
This hearing is for the purpose of taking applicant testimony and public comment on a proposed
annexation regarding the property described in Exhibit A, and for determining the eligibility of such
property for annexation to the Town and the advisability of such an annexation, all as governed by the
Severance Land Use Code.
GIVEN AND POSTED this 4th day of March, 2018
•s 11
TOWN OF SEVERANCE
RESOLUTION NO. 2018-04R
A RESOLUTION FINDING PETITION FOR ANNEXATION SUBMITTED BY
WELD COUNTY TO BE IN SUBSTANTIAL COMPLIANCE WITH
COLORADO REVISED STATUTES 31-12-107 AND SETTING A HEARING
PURSUANT TO COLORADO REVISED STATUTE
31-12-108
WHEREAS a written petition was filed with the Town Clerk requesting the annexation of certain
property to be known as Weld County Road 19 Annexation; and
WHEREAS the Board of Trustees for the Town of Severance desires to initiate annexation proceedings
in accordance with law;
IT IS THEREFORE RESOLVED by the Board of Trustees of the Town of Severance Colorado, this
5th day of March, 2018, as follows:
1. That the Board hereby accepts the annexation petition for the Weld County Road 19 Annexation, more
particularly described in Exhibit A.
2. That the Board hereby finds and determines that the annexation petition and accompanying map
contains all allegations required for such a petition under the Municipal Annexation Act of 1965, which
is referred to herein as the "Act", and that if such allegations are determined to be well founded, such
property would be eligible for annexation to the Town of Severance.
3. That the Notice attached as Exhibit B be adopted as a part of this Resolution. Said Notice establishes
the date, time, and place when a public hearing will be held to determine if the proposed annexation
complies with Section 30 of article II of the Colorado Constitution and Sections 31-12-104 and 31-12-105
of the Colorado Revised Statutes or such provisions thereof as may be required to establish eligibility
under the terms of the Act. The Town Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Act.
DULY PASSED by the Board of Trustees this 5th day of March, 2018.
TOWN OF SEVERANCE
ATTEST:
BettyIauch, Town Clerk
of Se
skoWnS6,."
ii\CD
Incorporated 1920
Severance, Colorado
Donald R. Brookshire, ayor
EXHIBIT B
TOWN OF SEVERANCE, COLORADO
NOTICE OF PUBLIC BEARINGS FOR A PROJECT
Weld County Road 19 Annexation &
Zoning
PUBLIC NOTICE IS HEREBY GIVEN of a public hearing before the Severance Planning Commission
on March 21, 2018 and the Board of Trustees on April 2, 2018 at the following time and place:
6:00 P.M.
Severance Administration Building
3 S. Timber Ridge Parkway
Severance, Colorado
This hearing is for the purpose of taking applicant testimony and public comment on a proposed
annexation regarding the property described in Exhibit A, and for determining the eligibility of such
property for annexation to the Town and the advisability of such an annexation, all as governed by the
Severance Land Use Code.
GIVEN AND POSTED this 4th day of March, 2018
DATE:
SEVERANCE COUNTY ROAD 19 ANNEXATION
PETITION FOR ANNEXATION TO THE TOWN OF SEVERANCE
52) , 2017
TO: THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO.
I, Julie A. Cozad, 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 Severance
("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 legal description in Exhibit A, attached hereto and incorporated herein by this
reference. The property described in Exhibit A is referred to herein as "the territory proposed to be
annexed" and/or "the annexed WCR 19."
This annexation shall be known as the Severance County Road 19 Annexation.
As part of this petition, your petitioner further states to the Board of Trustees of
Severance, Colorado, that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to the
Town.
2. The requirements of C.R.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 landowner or
landowners thereof, unless such tracts or parcels were separated by a dedicated
street, road or other public way.
1
2Z0/7- oo 0)
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.
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 3.363 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 an impact report pursuant to C.R.S. § 31-12-108.5, is not
required because the total area of territory proposed to be annexed is less than
ten acres and, further, that any requirement for preparation thereof, 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 RR=1
Residential District. Petitioner agrees that the annexed land shall be brought under
the provisions of Chapter 16 of the Severance 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:
a. The Town, except as hereinafter provided, will be responsible for
prospective maintenance of the annexed WCR 19.
3
g.
b. The Town will not impose any weight limitation applicable to
vehicles using the annexed WCR 19.
c. The Town will not impose any limitation on vehicular access or use
of the annexed WCR 19 so as to specifically exclude farm or
agricultural vehicles and equipment.
d. Current ingress and egress to the annexed WCR 19 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 annexed WCR 19 shall be maintained by the Town in a fashion
suitable for current uses including but not limited to the following
measures: frequent grading, prevention of the development of
rutting and washboards; filling of potholes; and repair and fill of
washouts.
f. The Town shall initiate dust suppression practices on any unpaved
portion of the annexed WCR 19 to protect the public health and to
provide un-obscured driving conditions through the use of water or
magnesium chloride, in accordance with Petitioner's policy which
is to perform dust suppression for 150 feet either side of any
residential driveway on gravel roads once daily traffic volumes, as
determined by traffic counts, exceeds 200 ADT.
The Town shall consider any unpaved portion of the annexed WCR
19 as a candidate for paving when the traffic count exceeds 300
ADT.
h. The Town will implement weed control on the annexed WCR 19
consistent with the standards of Petitioner and the State of
Colorado.
i. The Town will initiate timely removal of snow from the annexed
WCR 19.
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.
4
WHEREFORE, the following petitioner, a non-resident landowner of the territory
proposed to be annexed, (as more particularly described in the attached Exhibit A)
respectfully 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:w : COUNTY OF WELD, a political
Weld County Clerk to the Boubdivision of the STATE OF COLORADO:
By:
Deputy % rk to th
STATE OF COLORADO
COUNTY OF lt)gi_Do
)ss.
Julie A. Cozad, Chair
Board of County Co
County of Weld
,o .23 1,7
ssioners of the
The foregoing instrument was acknowledged before me this day of
2017, by Julie A. Cozad, Chair, Board of County Commissioners of the
County Weld.
My commission expires:
Witness l
N IP
Wig/fir
STATE OF COLORADO
NOTARY ID 201440.48044 Notary Public
MY COMMISSION EXPIRES DEC. 19, 2018
Petitioner Mailing Address: 1150 O Street, P.O. Box 758, Greeley, Colorado 80632.
020 /7- .3Oc, 0-)
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.
6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Julie A. Cozad, Ehala, Board of County Commissioners , being first duly sworn upon oath,
deposes and says that (he or 16.0 was the circulator of this Petition for Annexation of lands to the
Town of Severance, Colorado, consisting of HINTS (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.
or, Julie A. o ad, Chair
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this BO H day of
August ,2017 by Julie A. Cozad
My commission expires: 12/19/2018
Witness M Hand and Official Seal.
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 201440.48044
MY COMMISSION EXPIRES DEC. 19, 2018
Notary Pub
7
ow/ 7— 30.2. 6 6")
EXHIBIT A
LEGAL
DESCRIPTION
That portion of Weld County Road 19, being a part of Sections 9 and 10, Township 7 North,
Range 67 West of 6th Principal Meridian, more particularly described as follows:
Considering the South line of Section 9, monumented with a 2 'A" aluminum cap in range box
stamped LS 12374 at the SW corner, and a 3 'A" aluminum cap in a range box stamped LS 13155
at the SE corner, as bearing N89°46'42"W and with all bearings contained herein relative thereto:
Commencing at the Southeast corner of said Section 9;
Thence along the Easterly line of the South half of said Section 9 N00°03'58"E 175.00 feet, to
the POINT OF BEGINNING;
Thence departing said Easterly line of Section 9, N89°46'42"W 30.00 feet to a point on the
Westerly right of way line of Weld County Road 19;
Thence along said Westerly right of way line N0°03'58"E 2446.42 feet, to a point on the
Northerly line of the South half of said Section 9;
Thence departing said Westerly right of way line S89°31'13"E 30.00 feet to the East quarter
corner section 9;
Thence N89°55'36"E 30.00' to a point on the Northerly line of the South half of Section 10, and
the Easterly right of way line of Weld County Road 19;
Thence along said Easterly right of way line of Weld County Road 19, S0°03'58"W 2436.76
feet;
Thence departing said Easterly right of way line N89°57'24"W 30.00 feet, to a point on the
Westerly line of the South half of said Section 10;
Thence along said Westerly line of the South half of Section 10, S0°03'58"W 9.58 feet to the
POINT OF BEGINNING;
Containing 3.363 acres, more or less.
8
WELD COUNTY ROAD 19 ANNEXATION TO THE TOWN OF SEVERANCE
LOCATED IN THE SOUTH HALF OF SECTIONS 9 AND 10, TOWNSHIP 7 NORTH, RANGE 67
WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO.
LEGAL DESCRIPTION
00,111,9 Range ? 7,10 60, 114 0oad 19, being a 641 of 5.d,ne 0 4M 10. Tomdll9 7
Prloc%oI MMdlam mart 9a11oAuly 0102(0.0 00 14000
Ccm,r64 Me South I4. of S.ctlen 9. monuments. vIM a 2 I{-domtwm cap In
ire 101. Moped 135 13335 al Mme. S < SW w r. IuaNp NDYend 3 54- 0494TW� In
all
batp. omtatM Fret .01.140 Maela
Comm... at the Southey. comer of sold Seca,. 9;
01.60 0009 210 Eael.0t� Ilnv of M. Smith half of odd 5.01220 0 090903,4E 175.00
1x4 1, lb. polwr lK BfITNXWG
Thme. 0.7011119 .u, E4.trfy 1Im of Section 9. Ne9'4C42'W 30.00 font m a Point
a Me W.etoly 11452 of ay 1103 d WMd County Rad 101
Thom .401 4Ma Wee1Myy Myyhl A wo 14. 0097987E '45.42 14.4 40 a 9444 en
M. NwMady Ilse el iM 5auM I sold SeeOen 4.
Thence departing of. Waolrl, 029hl of w0y Ilse 6890i'lf 30.00 Not to Me Fait
Nowt. own . lion e:
manor
113 ,l,2 LII 30.0,4 to a catt on M. WMwly Camay of the Sal. hdf of
SetifThnwM meaa0a4 Em Mr.22N 0f Noy INola et hetof Weld of Wed WnlyRoaad 10.lk
504075001
2436.76 Thepos
Mon. Moily alp Et a So . h of way t N2757'2415 10: W 39.0, feet. 4 10 peal
m M. 404 . Ito 9* the Sou. 4b. of th Sectlrl I0.
110,m0. Ara 0dd 401107Y line al .r SmM half of Salon 10. SG03.55,f 4.56 fav{
Ow PONi OF REtlISBNF
Rota.. 3.363 ay.. mom w Im
=5
4,2
66 0(10`.1 A.Nf100 013Nt
COLORADO LAND SURVEYII ID
61r r. nm1 an eewantror. oma6Wa Boom IRIS lad -007-103 / m Ow}r4-1010
MAYORS 10R00CA1E
ThY ammallon ewp 4 approv.0 M On Tam of Srmuna., Canny ofodd YMtl.
Svl. 2(l Cdamtiv Mi._tloY IX 2LL� .d IM ""
Manln ae.yamace v port d 00! Town of''S" aM 40,44
w.11. Ma Pate aM jmpifSrction 2101001 501001.0..
Mayor
Meek lawn Clerk
In ;Tr. Mreat. a ham hx.onto eel out Moe. and seal. MI.
dey al 2p
STA1E OF 00.00000)
A
OWNIY OF NOD)
II. fa • got. • Iw t Iwo .04141409.0 bolero me by
U. ely .000,4.0 ..7b.e
Data
Natwy ANN
PLANNING 00MW55p1 040 110V(L
ANN.. 0Ne_a2y or
Orinawm.
Setaente Pluming Commledon
Tom ertate 902 REVI W
MNm.2 Nh.dey . 20_
Tam 6Mle.r
TOWN PLANNERS RENEW
Bedewed Ihlf_doy of 2D_
Naadm's 24 oAT
sA DLIEFR P9.a`1GlIPm02'4J r7 DEVELOPMENT
O 2,0 , sr.f %%
Tom Planner
EAST LINE OF THE SONRL HALF OF
SECTION O.T7N, 000W, OFTHE 15111 PAf.
N01ES
1. ITN 21,4.00.20 Map wan 91.9,0.0 dWaul M. ,4084 al e
arrant Tltl. Cpmm00,04 and does not coolant , 4 Mkt aemh by
Cdnado Lend S4 54014 to 4.temm. Mlle 46 aa.remU of raead.
Thh Mnrietkn Mop door not pawl wl to rolled any of the
fal,r,a MW may he glpembl. <v tM .bled red mleb
fa.Nmm�. 8uvatp setaack Iteh r.4 ooN.v <amm4 SWoMdm
farm l2, 0101 an accurate aM curl T0.aM ..arth s y Ae°ry other.
do..
based uponAcconlInrto pny 00.0.4 L1'4,14:4"
hle a amoot
w wary
0 r6crMoany lends rm
and d.aowr end tlalay In rm men mar re en men ,6 aped
y doled t MI..Mwy on commented more 01.0 Im yews from
the 0910 a! Me cnVllva,M Nom hsnm,
J, 6am0ary d r":1,7 on h 0,0 b oo of Mh .04.14 799 le not a
Lend S2 121 p,a 4 e of trawler ml 01 112 of mtl Mle of
to 14 rot
Mlmtlad /r 4.70001 al NanMaf of MN r abdlN4bn of bed.
4. Thh edtlb0 le wild only II print hoe erl5014 a end 014000..
of 5v00yr.
CdITCUITY
Told Prlmsty 5,012.76 40!
Repuy.3 I/8 ...fly 83546 Ie.,
Cml19012y to Town Unity 2.440.42 Ira
Tats ono 421.0 comma: 148.402 sal. IL or 3.363 are, men or Moe.
Was
4044. � \
0°20
LIBERTY SAl9NGS BANK
110 _
1
5131E8903
ti
-4,
SURVEYOR'S CERTIFICATE
▪ Romp @M2(, a Fdaoeo Rephtrad Peden,. Lone Sum,. ea
hereby mallfy Mot MY map and propos. La be Annoyed to Me
Teen d 00021 e, County d WMa. Slat. of Calaoeo w2(. pre..
byr y me or under my direct p p Monfrom exalt. ...onto of
020520090, 60.mdl02 0x00 vnd rr0' w0fmdond optlm.l et my
Prepontl 4 aM m 01, oy:
cdrmp Lana swwyta tc
Ram. Ohlr, PIN 38583
O 00,
H6 rr IAV _ AT V.
ZIOCF
or ow tom. swarm.
R0271.oSObh?1 S0.27.0.-V-X5Y 8 015 AT 04001)
03x,7 ewwym3towy raxa 61210110
( 03 0
WELD COUNTY ROAD 19 ANNEXATION
NAT Or Obmx WV' R 363.1 R Ina Pen Or .a sea Nx
C r:Km)
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and executed this 'I day of
5� prprnAsle. , 2017, by and between the COUNTY OF WELD, a political
subdivision of the STATE OF COLORADO (hereinafter referred to as "Annexor") and the
TOWN OF SEVERANCE, a municipal corporation of the STATE OF COLORADO (hereinafter
referred to as "Town"), for the annexation of right-of-way of a portion of Weld County Road 19.
WITNES SETH:
WHEREAS, Annexor is the governmental entity which owns and controls certain real
property which is part of various Weld County Roads located adjacent to Town and more
particularly described in Exhibit A ("the real property" or "the annexed WCR 19"), which is
attached hereto and incorporated herein by reference, and
WHEREAS, Annexor has been requested to file a petition with the Town for the purpose
of annexing to the boundaries of the Town the real property described in Exhibit A, and
WHEREAS, Annexor desires to impose upon the Town certain conditions relating to the
proposed annexation and to the effectiveness of the referenced petition, and
WHEREAS, the portions of Weld County Road WCR 19 being annexed are paved roads,
and
WHEREAS, following annexation to the Town of the property described in Exhibit A,
said property must be maintained in good condition for the use and safety of the travelling public,
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. Conditions Applicable to Annexation. It is expressly understood by the Town that certain
requirements are being imposed by Annexor as a condition precedent to the Town's
annexation of the real property described in Exhibit A. These conditions are that, from
and after annexation of the real property described in Exhibit A:
Q2-6.77-
1
a. The Town, except as hereinafter provided, will be responsible for
prospective maintenance of the annexed WCR 19.
b. The Town will not impose any weight limitation applicable to vehicles
using the annexed WCR 19.
c. The Town will not impose any limitation on vehicular access or use of the
annexed WCR 19 so as to specifically exclude farm or agricultural
vehicles and equipment.
d. Current ingress and egress to the annexed WCR 19 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 annexed WCR 19 shall be maintained by the Town in a fashion
suitable for current uses including but not limited to the following
measures: frequent grading, prevention of the development of rutting and
washboards; filling of potholes; and repair and fill of washouts.
f. The Town shall initiate dust suppression practices on any unpaved portion
of the annexed WCR 19 to protect the public health and to provide un-
obscured driving conditions through the use of water or magnesium
chloride, in accordance with Petitioner's policy which is to perform dust
suppression for 150 feet either side of any residential driveway on gravel
roads once daily traffic volumes, as determined by traffic counts, exceeds
200 ADT.
g.
The Town shall consider any unpaved portion of the annexed WCR 19 as
a candidate for paving when the traffic count exceeds 300 ADT.
h. The Town will implement weed control on the annexed WCR 19
consistent with the standards of Petitioner and the State of Colorado.
i. The Town will initiate timely removal of snow from the annexed WCR
19.
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 real property described in Exhibit A shall thereafter be in accordance with the
provisions therein.
4. Other Specific Requirements of Annexation. N/A
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
2
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.
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.
ANNEXOR:
ATTEST: d.�QJ +ok. COUNTY OF WELD, a political subdivision
Weld Co ty Clerk to the Board of the STATE OF COLORADO
By:
Deputy Cle
ATTEST:
Julie A. Cozad, Chair r, $ 0 2017
Board of County Commissioners,
County of Weld
TOWN:
TOWN OF SEVERANCE, a municipal corporation
of the STATE OF COLORADO
By: "AWL.- By:
Betty/ auch, Town Clerk Donald Brookshire, Mayor
3
EXHIBIT A
LEGAL
DESCRIPTION
That portion of Weld County Road 19, being a part of Sections 9 and 10, Township 7 North,
Range 67 West of 6th Principal Meridian, more particularly described as follows:
Considering the South line of Section 9, monumented with a 2 'A" aluminum cap in range box
stamped LS 12374 at the SW corner, and a 3 %2" aluminum cap in a range box stamped LS 13155
at the SE corner, as bearing N89°46'42"W and with all bearings contained herein relative thereto:
Commencing at the Southeast corner of said Section 9;
Thence along the Easterly line of the South half of said Section 9 N00°03'58"E 175.00 feet, to
the POINT OF BEGINNING;
Thence departing said Easterly line of Section 9, N89°46'42"W 30.00 feet to a point on the
Westerly right of way line of Weld County Road 19;
Thence along said Westerly right of way line N0°03'58"E 2446.42 feet, to a point on the
Northerly line of the South half of said Section 9;
Thence departing said Westerly right of way line S89°31'13"E 30.00 feet to the East quarter
corner section 9;
Thence N89°55'36"E 30.00' to a point on the Northerly line of the South half of Section 10, and
the Easterly right of way line of Weld County Road 19;
Thence along said Easterly right of way line of Weld County Road 19, S0°03'58"W 2436.76
feet;
Thence departing said Easterly right of way line N89°57'24"W 30.00 feet, to a point on the
Westerly line of the South half of said Section 10;
Thence along said Westerly line of the South half of Section 10, S0°03'58"W 9.58 feet to the
POINT OF BEGINNING;
Containing 3.363 acres, more or less.
4
DATE:
SEVERANCE COUNTY ROAD 17 ANNEXATION
PETITION FOR ANNEXATION TO THE TOWN OF SEVERANCE
8'.2017
TO: THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO.
I, Julie A. Cozad, 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 Severance
("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 legal description in Exhibit A, attached hereto and incorporated herein by this
reference. The property described in Exhibit A is referred to herein as "the territory proposed to be
annexed" and/or "the annexed WCR 17."
This annexation shall be known as the Severance County Road 17 Annexation.
As part of this petition, your petitioner further states to the Board of Trustees of
Severance, Colorado, that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to the
Town.
2. The requirements of C.R.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 landowner or
landowners thereof, unless such tracts or parcels were separated by a dedicated
street, road or other public way.
1
���- 3002-6-)
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.
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 3.944 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 an impact report pursuant to C.R.S. § 31-12-108.5, is not
required because the total area of territory proposed to be annexed is less than
ten acres and, further, that any requirement for preparation thereof, 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 RR=1
Residential District. Petitioner agrees that the annexed land shall be brought under the
provisions of Chapter 16 of the Severance 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:
a. The Town, except as hereinafter provided, will be responsible for
prospective maintenance of the annexed WCR 17.
3
b. The Town will not impose any weight limitation applicable to vehicles
using the annexed WCR 17.
c. The Town will not impose any limitation on vehicular access or use of
the annexed WCR 17 so as to specifically exclude farm or agricultural
vehicles and equipment.
d. Current ingress and egress to the annexed WCR 17 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 annexed WCR 17 shall be maintained by the Town in a fashion
suitable for current uses including but not limited to the following
measures: frequent grading, prevention of the development of rutting
and washboards; filling of potholes; and repair and fill of washouts.
f. The Town shall initiate dust suppression practices on any unpaved
portion of the annexed WCR 17 to protect the public health and to
provide un-obscured driving conditions through the use of water or
magnesium chloride, in accordance with Petitioner's policy which is
to perform dust suppression for 150 feet either side of any residential
driveway on gravel roads once daily traffic volumes, as determined by
traffic counts, exceeds 200 ADT.
g.
The Town shall consider any unpaved portion of the annexed WCR 17
as a candidate for paving when the traffic count exceeds 300 ADT.
h. The Town will implement weed control on the annexed WCR 17
consistent with the standards of Petitioner and the State of Colorado.
i. The Town will initiate timely removal of snow from the annexed WCR
17.
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.
4
WHEREFORE, the following petitioner, a non-resident landowner of the territory
proposed to be annexed, (as more particularly described in the attached Exhibit A) respectfully
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„Q %) W. % COUNTY OF WELD, a political
Weld County Clerk to the Boarubdivision of the STATE OF COLORADO:
By
Depu erk to the B
STATE OF COLORADO
COUNTY OF 16L1)
)ss.
ulie A. Cozad, Chair
oard of County Comm
County of Weld
The foregoing instrument was acknowledged before me thisr day of
, 2017, by Julie A. Cozad, Chair, Board of County Commissioners of the
302017
loners of the
Count f Weld. �/
My commission expires: - /9/44//
Wit
Wit
Peti
ss Mail Wf'ial Sat!.
HOPFMAN
NOTARY PUBLIC
STATE OP COLORADO Notary Public
NOTARY ID 201440-48044
MY COMMISSION EXPIRES �EC� 18 Eget, 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.
6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Julie A. Cozad, Chair, Board of County Commissioners , being first duly sworn upon oath,
deposes and says that (he o she was the circulator of this Petition for Annexation of lands to the
Town of Severance, Colora• o, 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.
Circulator, Julie A. Co ' , Chair
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 30th day of
August ,20 17 by Julie A. Cozad
My commission expires: 12/19/2018
Witness My Hand and Official Seal.
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2018
7
o/7-300567)
EXHIBIT A
LEGAL
DESCRIPTION
That portion of Weld County Road 17, being a part of Sections 9 and 10, Township 7 North,
Range 67 West of 6th Principal Meridian, more particularly described as follows:
Considering the South line of Section 9, monumented with a 21/2" aluminum cap in range box
stamped LS 12374 at the SW corner, and a 3 1/2" aluminum cap in a range box stamped LS 12374
at the SE corner, as bearing S89°46'42"E and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 9;
Thence along the Westerly line of the South half of said Section 9 N00°35'23"E 159.97 feet, to
the POINT OF BEGINNING;
Thence departing said Westerly line of Section 9, N89°53'24"W 30.00 feet to a point on the
Westerly right of way line of Weld County Road 17;
Thence along said Westerly right of way line N0°35'23"E 2485.30 feet;
Thence departing said Westerly right of way line S89°31'13"W 70.00 feet to a point on the
Northerly line of the South 1/2 said Section 9 and the Easterly right of way line of Weld County
Road 17;
Thence along said Easterly right of way line of Weld County Road 17, S0°35'23"W 2439.88
feet;
Thence departing said Easterly right of way line N44°35'12"W 14.09 feet;
Thence N89°46'20"W 30.00 feet, to a point on the Westerly line of the South half of said Section
9;
Thence along said Westerly line of the South half of Section 9, S0°35'23"W 55.04 feet to the
POINT OF BEGINNING;
Containing 3.944 acres, more or less.
8
WELD COUNTY ROAD 17 ANNEXATION TO THE TOWN OF SEVERANCE
LECAL DESCRIPTION
7 NOM Rance 97 West of 6th Prlr4pd HN ,10100 omaeas P0000,lbdy.,online ml lilac,
CaneBeall the South line of Settl. S, monumootad with a 21/2' 9Wmlnum cop In
Tanga besot. SW ournah cod 3 ,
5 al the SE come � ere bearing 40'42'E and stth 04 tusstussahs'',tussahs'',contained
r dem.. coo Foram, bee Mammal IS
0315Noe.
Motive thereto:
Commencing at the Soolhreet corner of cold 5ee1en 91
Thence along 0.0 Wot,7y Pee of the South hull of sold South,' O 500O5'1SE 15991
feel. to the POINT OF BEGINNING;
Thera departing slid Westerly IM of 3.0000 0, N5993'14'W 3190 feel to a p01n1
the Westerly right of way Rae of Weld County Wood 171
1N,,ee da00 .alp We,tw1Y 43X1 a way Ibe NO'35'00'E 0455.30 feet
Thenma 400051,4 oold Wntm1Y TICS el way line ser3r1SW 70A9 feet to a point m
Ow Northerly Ilne of the South 51 cold 5ealbe 0 and the (4.5.4, Apia of way Or. of
Weld County Reed 17;
Therms dm0 cold Easterly dpht of way Pee of Weld Canty Rood 17, 10.331.3*
1e3995 feet
hmeoe 000mth9 sea Eaelerly. to or coy line r. W..O2'W 14.00 feet
Thence NB0Y5'10'W 30.00 fool, to point m the Wastedy Ilex of Ma South boll of
sold Baehr. Thencedm, veld Weotedy Ana of the See. NWT of Seatim 0. 5091'2'0 5.5.04 feat to
the POINT OE 0EGWMN01
CmlaMn4 3,944 awes men of lava
LOCATED IN THE SOUTH HALF OF SECTIONS 8 AND 9, TOWNSHIP 7 NORTH, RANGE 67
WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO.
NP1OK5. 0100TCAIE PLANNING MORMON APPROVAL
Thh omaudton mop h appeared by the Taws al Somme, Courtly of Weld, Apprawd tds_._40$
Same al Odra. mode , p,3 of ,0� , and the 11.0,0
N ANA. deepened made o port crt5 said Town of Severance odd Included
Whin the Grads. and jWudfetkM thereof Swamnee.
In ay Maass whereof, we hohereanto eat r hand, one see__k tore
d 01 w . . our
STATE 47 00100000)
u
COUNT' 6 WFLp)
We fared. Intl m� woe 04004.09.0 before me by
Y 1
My commission nptree
pots Notary Public
\ / • ,
cr
2
..
.70 OOH .Uforlo0 019M
1'
COLORADO LAND SURVEYIIIC;
madw.IMO Veneff55, 01101.0 emu GIs1•u0T5sn-Win/ 1714001.04e-111,
TONS ENGINEER'S TIENLYI
Re4awed lhie_ day at . 20_
Seeraance Somas Camnlle ton
Tom Engineer
TOWN PLANTER'S RENEW
Reviewed lhie_dey of 10
/ ,
,/'
SADDLER PLANNED WET IDIER9I G.OPPIfEfrt7T • ' /
RRC RD. 64661829, ®idr 5
/
8
soorir0 140000
WEST LINE OF THE SOUTH HALF OF
SECTION 0,173,0076,, OFTHEoO1
Town Planner
/
COMM
NOTES
1. Thle .vinavallm Mop wa, prepor00 .lthout Ma Nns11 of d
l 1 and Slamming
ailment ma ml emsolut. 0 1101 exam 3Y
(010,040140 w op d t0. detMWOe1T11na to 07 ct any of, of 1.00.11.
ml, Mnenetl MopdoesWaosl.Wrparl p may II Ole
E 0ishleu1Elny 04100011 Imam nMi00*. oonnanb. SLOEIdelan
fee! kuwl eem g 01 mtl e0,mt iiul444oWooemdy 44.7 Imo
0, 000ardhp to Colorado Los 1W met commence any Niel action
Met 111001ar eaupon anych defect
n eo eren.e0l01 any
4 Town aver too
y defect N thin survey be canmmma moreyUM le yea. hoWeed rn
the data of the aNlomtlm Mom, heron.
0, 000010 ry dalmmlnotbn le not port of thl, .0hh11, 1116 is not
land SuNew that m Imply vnenl Survey PNt bdlNe s 6 01 riot
Intended purposes of transfer of Ole m u
4. 110s fohrolt Ie vend only II print hoe ari904 veal erne .ipnatw.
norveyon
C0N1N%ATT
Taco, PRlmales: 5,12.07 feet
Moulded 1/0 eoVOulty. 004.01 loot
Contl0ulty to Town Uncle 7,449.95 feet W3pnpmUrc moan aasKvm Tatd area beby amend, 171,795 ech ft. or 3.944 own. more w Iwo mWtrc °'W
SURVEYOR'S CEITlifICAIS
Ramie Basle• a Coleco., Re lelerod Prafnslonet Land Sorm ar do
hereby eth entity that e map land ofefforose to be Annexed to the
Severance,
To.. of Severance, Gw101,nty Clel Well, State of.009 0o eat p.Ypmad
come of
llllhol Inv direct
Is /tnfo ,erne carted tole, ,.coed my
leneMWpe, infarmaOen, belle cod my prof...lan t opNblu
0040,000 RLmN 5 ,49,100 inch
Rondo 01010. Ply 38103
Oahe
FfenTIVII. OAF OF SO Ai
ae epowre gaup., suwar/rusftwor-troy Nava. 4/001000
WERT,' SAVINGS BANNN
0,
6
Fen= TIM '5
WEIR COUNTY ROAD 17 ANNEXATION
net OF .141 0011,F MOM VITA NMI Of 00 OW 040
--x--05
MOM=MA
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and executed this 7 day of
Se PTasri.. $ER , 2017, by and between the COUNTY OF WELD, a political
subdivision of the STATE OF COLORADO (hereinafter referred to as "Annexor") and the
TOWN OF SEVERANCE, a municipal corporation of the STATE OF COLORADO (hereinafter
referred to as "Town"), for the annexation of right-of-way of a portion of Weld County Road 17.
WITNESSETH:
WHEREAS, Annexor is the governmental entity which owns and controls certain real
property which is part of various Weld County Roads located adjacent to Town and more
particularly described in Exhibit A("the real property" or "the annexed WCR 17"), which is
attached hereto and incorporated herein by reference, and
WHEREAS, Annexor has been requested to file a petition with the Town for the purpose
of annexing to the boundaries of the Town the real property described in Exhibit A, and
WHEREAS, Annexor desires to impose upon the Town certain conditions relating to the
proposed annexation and to the effectiveness of the referenced petition, and
WHEREAS, the portions of Weld County Road WCR 17 being annexed are paved roads,
and
WHEREAS, following annexation to the Town of the property described in Exhibit A,
said property must be maintained in good condition for the use and safety of the travelling public,
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. Conditions Applicable to Annexation. It is expressly understood by the Town that certain
requirements are being imposed by Annexor as a condition precedent to the Town's
annexation of the real property described in Exhibit A. These conditions are that, from
and after annexation of the real property described in Exhibit A:
/7-
1
a. The Town, except as hereinafter provided, will be responsible for
prospective maintenance of the annexed WCR 17.
b. The Town will not impose any weight limitation applicable to vehicles
using the annexed WCR 17.
c. The Town will not impose any limitation on vehicular access or use of the
annexed WCR 17 so as to specifically exclude farm or agricultural
vehicles and equipment.
d. Current ingress and egress to the annexed WCR 17 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 annexed WCR 17 shall be maintained by the Town in a fashion
suitable for current uses including but not limited to the following
measures: frequent grading, prevention of the development of rutting and
washboards; filling of potholes; and repair and fill of washouts.
f. The Town shall initiate dust suppression practices on any unpaved portion
of the annexed WCR 17 to protect the public health and to provide un-
obscured driving conditions through the use of water or magnesium
chloride, in accordance with Petitioner's policy which is to perform dust
suppression for 150 feet either side of any residential driveway on gravel
roads once daily traffic volumes, as determined by traffic counts, exceeds
200 ADT.
g.
The Town shall consider any unpaved portion of the annexed WCR 17 as
a candidate for paving when the traffic count exceeds 300 ADT.
h. The Town will implement weed control on the annexed WCR 17
consistent with the standards of Petitioner and the State of Colorado.
i. The Town will initiate timely removal of snow from the annexed WCR
17.
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 real property described in Exhibit A shall thereafter be in accordance with the
provisions therein.
4. Other Specific Requirements of Annexation. N/A
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
2
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.
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.
ANNEXOR:
AI Weld _ ST: � ' ;4, COUNTY OF WELD, a political subdivision
Weld Co •ty Clerk to a Board of the STATE OF COLORADO
By:
Deputy Cle / to
ATTEST:
By:
e A. Cozad, Chair (Ly( 3 0 2017
Board of County Commissioners,
County of Weld
TOWN:
TOWN OF SEVERANCE, a municipal corporation
of the STATE OF COLORADO
By:
Betty/Iauch, Town Clerk Donald Brookshire, Mayor
3
o2O 17-
EXHIBIT A
LEGAL
DESCRIPTION
That portion of Weld County Road 17, being a part of Sections 9 and 10, Township 7 North,
Range 67 West of 6th Principal Meridian, more particularly described as follows:
Considering the South line of Section 9, monumented with a 21/2" aluminum cap in range box
stamped LS 12374 at the SW corner, and a 3 'A" aluminum cap in a range box stamped LS 12374
at the SE corner, as bearing S89°46'42"E and with all bearings contained herein relative thereto:
Commencing at the Southwest corner of said Section 9;
Thence along the Westerly line of the South half of said Section 9 N00°35'23 "E 159.97 feet, to
the POINT OF BEGINNING;
Thence departing said Westerly line of Section 9, N89°53'24"W 30.00 feet to a point on the
Westerly right of way line of Weld County Road 17;
Thence along said Westerly right of way line N0°35'23 "E 2485.30 feet;
Thence departing said Westerly right of way line S89°31'13"W 70.00 feet to a point on the
Northerly line of the South %2 said Section 9 and the Easterly right of way line of Weld County
Road 17;
Thence along said Easterly right of way line of Weld County Road 17, S0°35'23"W 2439.88
feet;
Thence departing said Easterly right of way line N44°35'12"W 14.09 feet;
Thence N89°46'20"W 30.00 feet, to a point on the Westerly line of the South half of said Section
9;
Thence along said Westerly line of the South half of Section 9, S0°35'23"W 55.04 feet to the
POINT OF BEGINNING;
Containing 3.944 acres, more or less.
4
TOWN OF SEVERANCE
RESOLUTION NO. 2018-03R
A RESOLUTION FINDING PETITION FOR ANNEXATION SUBMITTED BY
WELD COUNTY TO BE IN SUBSTANTIAL COMPLIANCE WITH
COLORADO REVISED STATUTES 31-12-107 AND SETTING A BEARING
PURSUANT TO COLORADO REVISED STATUTE
31-12-108
WHEREAS a written petition was filed with the Town Clerk requesting the annexation of certain
property to be known as Weld County Road 17 Annexation; and
WHEREAS the Board of Trustees for the Town of Severance desires to initiate annexation proceedings
in accordance with law;
IT IS THEREFORE RESOLVED by the Board of Trustees of the Town of Severance Colorado, this
5th day of March, 2018, as follows:
1. That the Board hereby accepts the annexation petition for the Weld County Road 17 Annexation, more
particularly described in Exhibit A.
2. That the Board hereby fmds and determines that the annexation petition and accompanying map
contains all allegations required for such a petition under the Municipal Annexation Act of 1965, which
is referred to herein as the "Act", and that if such allegations are determined to be well founded, such
property would be eligible for annexation to the Town of Severance.
3. That the Notice attached as Exhibit B be adopted as a part of this Resolution. Said Notice establishes
the date, time, and place when a public hearing will be held to determine if the proposed annexation
complies with Section 30 of article II of the Colorado Constitution and Sections 31-12-104 and 31-12-105
of the Colorado Revised Statutes or such provisions thereof as may be required to establish eligibility
under the terms of the Act. The Town Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Act.
DULY PASSED by the Board of Trustees this 5th day of March, 2018.
TOWN OF. SEVERANCE
ATTEST:
of Se
n
O Or%)
tik O
cD
Incorporated 1920
Severance, Colorado
Donald R. Brookshire, Mayor
EXHIBIT B
TOWN OF SEVERANCE, COLORADO
NOTICE OF PUBLIC HEARINGS FOR A PROJECT
Weld County Road 17 Annexation &
Zoning
PUBLIC NOTICE IS HEREBY GIVEN of a public hearing before the Severance Planning Commission
on March 21, 2018 and the Board of Trustees on April 2, 2018 at the following time and place:
6:00 P.M.
Severance Administration Building
3 S. Timber Ridge Parkway
Severance, Colorado
This hearing is for the purpose of taking applicant testimony and public comment on a proposed
annexation and zoning to sub -urban Perimeter regarding the property described in Exhibit A, and for
determining the eligibility of such property for annexation to the Town and the advisability of such an
annexation, all as governed by the Severance Land Use Code.
GIVEN AND POSTED this 5th day of March, 2018
TOWN OF SEVERANCE
RESOLUTION NO. 2018-03R
A RESOLUTION FINDING PETITION FOR ANNEXATION SUBMITTED BY
WELD COUNTY TO BE IN SUBSTANTIAL COMPLIANCE WITH
COLORADO REVISED STATUTES 31-12-107 AND SETTING A HEARING
PURSUANT TO COLORADO REVISED STATUTE
31-12-108
WHEREAS a written petition was filed with the Town Clerk requesting the annexation of certain
property to be known as Weld County Road 17 Annexation; and
WHEREAS the Board of Trustees for the Town of Severance desires to initiate annexation proceedings
in accordance with law;
IT IS THEREFORE RESOLVED by the Board of Trustees of the Town of Severance Colorado, this
5th day of March, 2018, as follows:
1. That the Board hereby accepts the annexation petition for the Weld County Road 17 Annexation, more
particularly described in Exhibit A.
2. That the Board hereby fmds and determines that the annexation petition and accompanying map
contains all allegations required for such a petition under the Municipal Annexation Act of 1965, which
is referred to herein as the "Act", and that if such allegations are determined to be well founded, such
property would be eligible for annexation to the Town of Severance.
3. That the Notice attached as Exhibit B be adopted as a part of this Resolution. Said Notice establishes
the date, time, and place when a public hearing will be held to determine if the proposed annexation
complies with Section 30 of article II of the Colorado Constitution and Sections 31-12-104 and 31-12-105
of the Colorado Revised Statutes or such provisions thereof as may be required to establish eligibility
under the terms of the Act. The Town Clerk is directed to publish a copy of this Resolution and said
Notice as provided in the Act.
DULY PASSED by the Board of Trustees this 5th day of March, 2018.
TOWN OF SEVERANCE
ATTEST:
of Se
O .SO s i
Incorporated 1920
Severance, Colorado
CD
Donald R. Brookshire, Mayor
EXHIBIT B
TOWN OF SEVERANCE, COLORADO
NOTICE OF PUBLIC HEARINGS FOR A PROJECT
Weld County Road 17 Annexation &
Zoning
PUBLIC NOTICE IS HEREBY GIVEN of a public hearing before the Severance Planning Commission
on March 21, 2018 and the Board of Trustees on April 2, 2018 at the following time and place:
6:00 P.M.
Severance Administration Building
3 S. Timber Ridge Parkway
Severance, Colorado
This hearing is for the purpose of taking applicant testimony and public comment on a proposed
annexation and zoning to sub -urban Perimeter regarding the property described in Exhibit A, and for
determining the eligibility of such property for annexation to the Town and the advisability of such an
annexation, all as governed by the Severance Land Use Code.
GIVEN AND POSTED this 5th day of March, 2018
MAY0R'5 CRRTIFlCA10
b14 07.000 onmmola6 opted by the Town 1.'"`"7",M,
1 5.e 03 0.. V,11,41.;,°10.
en0,41 0 10.
therein designotsd mode 0 part of said Town o1 5areran en end Included
within the Smite and furiedlotion thereof Severance.
Mayor
Attest Town Clerk
In wlthess whereof, we hove hereunto set our hands and seals this
day of 201
STATE OF COLORADO)
ss
COUNTY OF WELD)
the foregoing Instrument woe acknowledged before me by
lisle day of 20.
My eommiealon expire,
Date.
WELD COUNTY ROAD 17 ANNEXATION TO THE TOWN OF SEVERANCE
LOCATED IN THE SOUTH HALF OF SECTIONS 6 AND 9, TOWNSHIP 7 NORTH, RANGE 67
WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO.
LEGAL OE6119IP11ON
That potion of Weld County Rood 17, 0,111 part of Sectlme 0 0nd 9. Townehlp
7 50,0. Range 67 Weet of 6th Princlpol Mmidion, more parllculMy 6000dbed oe tapows
Considering the South line o1 Section 9, monument. with a 2 1/2" aluminum cep N
range box at the SW comer. and o 3 1/2- aluminum cop In a range box stomped IS
13105 of the SE comer. as bearing 589'48'42-E 0nd with ail beerinse contained herein
relative thereto:
Commencing at the Southwest comer of sold Section e:
Thence along the Westerly I0e of the South half of said Section 9 500135'2YE 159.97
feet to the PONT OF BEGINNING
Thence deporting ,aid Westerly line of Section 9, N0933'24CW 30.00 het to a 0070 on
the Westerly right of way One of Weld County Road 17:
Thence along Bold Weeterly.rlght of way One ND'35'23-E 2489.30 feet;
Thence departing sold Westerly right or way IIne S9g'31'03'W 60.00 feet to o point o1
the Northerly line of the South K said Section 9:
Thence parallel with end 10' West o/ the Easterly right of way line of sold Weld County
Road 17, 50'35'23'W 2423.93 feet:
Thew N89'46'20'W 30.00 feet to a point en the Westerly One of the South half of
mid Section 9:
Thence, along saki Westerly line of the South half of Section 9. S0'35'23'W 55.04 feet to
the POINT RF REGINNING;
Containing 3.385 acme, more or lass.
0tl,
13 E
Notary Public
PLANNING COMMISSION APPROVAL
Approved this -day of . 20_
TOWN ENGINEER'S RENEW
Reviewed thie_doy of 20
Town Engineer
TOWN PLANNER'S RENEW
Reviewed thla-day of 20
/
_ J
/
$AIOOLC R PLANKED UNIT DIENEUOPM IT
RECD IMO, a49EfJLW, @/6/EDOS
R
WELD COUNTY ROAD 17 (70' ROW)
NOSSWE HMCo'
WEST UNE OF THE SOUTH HALF OF
SECTION 9,175, 080W, OPINE 6TH P.M.
Town Planner
NOTES
1. The Annexation Map woe prepared without the benefit of a
cument RUe Commitment and doe, not constitute a title 1eorch by
Colorado Lone Survey • Surveying to determine title or a mente of record.
in This Annexation Mop a net purport to reflect any of the
fielan
Etllowing which ay ba ppllcebla to The mist real estate:
ter 8oln0g r other Lone, Nee c regulations, 00e, Subeiv,,
factsthatan accurate other Lament Pile 0,0hoy dieclwether
2 According toColoradoLaeyoumust commence m any legal action
based first discover such on 0efecdeNctt Inc no oven,wINIn moany �aauln010 .Ra based upo
any defect In this survey be commened more than ten years from
the date of the certification shown hereon.
3. e not o
Land Survey Plot or improvement
tiro not port yyf p it 0110 0h0 0xhibit N not
Intended Nr or onslar of title or eubdivlolvn of land.
puryoaes o
4. This exhibit le wild only if print hoe original seal end signature
of eurveyer.
CONTIGUITY
Total Pe,imelen 5090.27 feel
Required 1/0 contiguity. 854.01 lest
antiquity to Town Limit.: 2,429.03 feet
Total area being annexed: 147.480 eq. ft. or 3.385 acres. more w Nee.
f I
SURVEYOR'S 00050CATE
I. R0,070 01.10. o Colorado Regleterlond ped Pmfeeelonal Lend Surveyor do
iteTown 01 5,0,1 ce. 00000y of Weld, State of Colorto be ado woe to
b arse or u tier my direct supervlelonhom existing documents of
Ord and that the so true and correct to the beet of my
knowledge. Infonnotlon, belief one my pro/eeeioncl opinion.
meraae 000,10 :,'"L,74:11.7f
etch
Ramiz Biala. Ply 36563
Date:
10& 0 000 200
SC.11£IN HIET
lob
01
CPEVOM M 1001 or 5[H0/N¢ ROM.
1;n3,aam���
COLORADO LAND w. HOTR
SURVEYING
05110010108, 0000NTa .ma, ms. (7077-mz-um / ,00 W,0-064-1610
N/MRAM MEMM
n.,e, ,Kimono ._
MEMO
CUMM
LIBERTY SAVINGS BANK
WELD
PROEM irnta W
fl WELD COUNTY ROAD 17 ANNEXATION
PART OF EOM IMF of sFanrw c, TM Frew 6r . NV Mt ,/
NO. OF SNOTS PROM NO.
MAYOR'S CERTIFICATE
This annexd1113 mop ie approved by the. Town of Senrance, County of Weld, Approved this —day of 20—
State of Colorado this —day of 20_ , and the territory
therein dwignatetl ode port f ,aid Town nI Severance and included
,10.11 Ne Ilmib end jurisdiction thereof Severe,..
PLANNING COMMISSION APPROVAL
Atte.Y Town Clerk
• In witness whereof. we hove hsreun03 set our hands and seals 0.b
day o1 20 .
STATE OF COLORADO)
SS
COUNTY OF WI]D)
Ne forgoing Inetrement was acknowledged before me by
Niw tlay of 20
My commleeion expire'
WELD COUNTY ROAD 19 ANNEXATION TO THE TOWN OF SEVERANCE
LOCATED IN THE SOUTH HALF OF SECTIONS 9 AND 10, TOWNSHIP 7 NORTH, RANGE 67
WEST OF THE 6TH P.M., WELD COUNTY, STATE OF COLORADO.
LEGAL DESCRIPTION
Thal portion of Weld county Roatl 19, being o port of Sections 9 ontl 1D. Township J
North, Range 67 West of 6thPdncipol Merltllan, more particularly descrlhed ae follows:
Considering the South line of Section 9, monumented with es 214" aluminum cap in a
range box 'tamped 1b 12374 et the 6W women 300 e 3 14" aluminum cap In o
range box stamped LS 13155 of the SE comer, as bearing NB9'46'42'W and with all
bearings contained herein relative Thereto:
Commencing vt the Southeast Corner of said Section 9:
Thence along the Eaeledy Iln' of the South half of raid Section 9 N0053'SB"E 175.00
leer, to 0.e POINT OF 55055ING
Thence departing sold Easterly Me of Section 9. N59'46'42'W 30.00 feet to a point
on the Westerly right of way One of Weld County Rood 19:
Thmcv along saitl Westerlyy right ,I way line NO01,1 91 2446.42 feet, to a point on
The Ner0.edy line 51 the South ioht of way Noe S5 -3
Thence departing sectionsaidNoe30.00feet to
TheE.comer B;
Thence 10, and I'£ Easterly
[a cay point on yy the of Weld} Ilea of the South half of
SectThanlon ce 10,
gnsold Easterly ightht of of way line of WeldlC County
Road 19;
Road 19, SOV3'1414 2435.76 fret:
Thence deporting veld Easterly right of way line 080'57'24"W 30.00 feet, to point
on the Westerly INe of The South half of said 5ectlon 10:
Thence along witl Wvsier 7 Iln, of Um South half of 5ectlen 10, 505556'50 9.56 .0
to the Am.
OF BEGINNING:
Containing 3.363 acres, more or lase
64 0VOR AIN(1OO C1 -19M
COLORADO LAND
3543 W. 11699
SURVEYING
015290110. =IMnm MAW on. 00901-eez-lea / n0 (iw}.w4-15.30
Otte:
Notary Public
RFV151O115:
PENSE1 PIA 117911 ow wormer goo.
PWDEc1 NM '
TOWN ENGINEER'S RENEW
Reviewed NM day of 20_.
Town Engineer
Se1irasr. Planning Commiwion
TOWN PLANNER'S REVIEW
Reviewed this cloy of 2D__.
WELD COUNTY ROAD 19 (60' ROW)
er. 1® nm/a1T
Town Planner
EAST UNE OF THE SOUTH HALF OF
SECTION 9, T7N, ROM, OF THE 6TH P.M.
9.199193999 W9_
NOTES
1. Thle Annexation Mop was prepared without the benefit a1 0
fit Title Commitment and does not constitute a title search by
Colorado Lond Surveying to d,immine bile or manta of recOrtl.
This Annexation Map does not le to
to reflect any of the
following hick may be applicable r the b)a0t red 'SAE
SOMIl11109 tionn ,9u5012 0,0 Ilne9 reetrle y.
search
midany
other
ffwis that on ac orals and kement Title search May tlistl ,e.
2. According to Colorado Lan you moat m enc any legal action
4o„2 upon 00E 0,0.00 In ihl survey wlth1, thre,cyaare offer 05
firelaisc ter tuck defect. Inn am any o0tion based upon
n M1Ic e y be commencetl then [w }sore from
the dokecof th, ertlficv[lon shown M1sraon.o
3. Boundary determination Is not port or this exhibIL This I. not a
Lone Survey Plat or improvement Survey Plot and this exhlblt I, net
Intended for purpusee of Mono£er of tills or subdivision of lend.
4. Thie exhibit is valid only if print has original weal anti signature
of eu ya
CONT10JITY
Total Pemneter. 5.01275 feet
equine 1/6 contiguity 6.15.46 feet
Contiguity to Town Llmite: 2,446.42 feel
Total area being annexed: 146.492 sq. IL or 3.363 acres. more or less
LIBERTY SAVINGS BANK
SURVEYOR'S CERTIFICATE
I, Rami, 01,lo. a C,lare2o Rgl,terad Pmfeselond Lond Survepr do
hereb certify that thle mop lone proposed to be Annewoe lathe
Town DT Se der m county of Weld. Stale of 'rioting
do race pre oared
by ore an under y direct Is true 1. co ect to
documents 1
o tl and that the acme belief
trod aye correct to the beet at my
knowledge, Informa[bn, belief and my prafencseiwal opinion.
P,.Peni 6y wd w 9ehdf oT
0,101,00 Lond Surveying. Inc.
Ramis Blelc, PLS 36563
Oahe
IW
POWER TRW
WELD COUNTY ROAD 19 ANNEXATION
MTN mrm Nor Cr gmiw 9. TM P5719 of RE sq Px
zoo
SEAIE IN FEET
SWEET MO.
Hello