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Home My WebLink About20161797.tiffRESOLUTION RE: APPROVE ANNEXATION AGREEMENT FOR A PORTION OF COUNTY ROADS 28 AND 11 AND AUTHORIZE CHAIR TO SIGN - TOWN OF FIRESTONE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Annexation Agreement for a Portion of County Roads 28 and 11 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Firestone, Colorado, with terms and conditions being as stated in said Annexation Agreement, and WHEREAS, after review, the Board deems it advisable to approve said Annexation Agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Annexation Agreement for a Portion of County Roads 28 and 11 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Town of Firestone 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 Annexation 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: dartAvtii. •O:ci Weld County Clerk to the Board BY: • uty Clerk to the Board APPROVED AS TO FORM: County Attorney Date of signature: "l (COI l I L - ca. COG), Pw c 'c/ 3L) EXCUSED Mike Freeman, Chair Sean ' Conway, Pro-Tem 2 1p� r f Julte Cozad EXCUSED Barbara Kirkmeyer e Moreno 2016-1797 CA0015 BOCC STAFF USE Date Set: Time: BOARD OF COUNTY COMMISSIONERS Pass Around Request RE: Firestone Annexation DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE: May 19, 2016 PERSON REQUESTING: Janet Lundquist Extension: 3726 Brief description of the issue: (please select onP) ❑ Informational only X Action needed County staff has received the revised annexation documents for the Barefoot Lakes annexation into Firestone. The 9th and 20th annexation petitions and annex agreements are attached to this document. If a Work Session is required, recommended length of time needed for discussion: 30 min If a Work Session is required, In addition to yourself and the board, who should attend? Jay McDonald & Bob Choate What options exist for the Board? (Include consequences, impacts, costs, etc. of options) Option A: Approve and move forward with the annexation Option B: send back to staff for further modification Recommendations: Approve Option A: Approve and move forward with the annexation Approve Schedule Other Recommendation Work Session Comments: Mike Freeman, Chair Sean P. Conway, Pro-Tem Julie Cozad Barbara Kirkmeyer Steve Moreno s c? n O:\Work sessions\2016 Work Session Firestone Annexation.doc BOARD CHAIR USE Results/Outcomes: 4232513 Pages: 2 of 9 08/30/2016 03:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, 11111lYf��. �x I� l:�I '�'l�� :Ia1�, PAA%Weld 4 N County. MN IN 2016-1797 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and executed this day of 'l1 % , 2016, by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Annexor") and the TOWN OF FIRESTONE, COLORADO (hereinafter referred to as "Town"), for the annexation of right of way of a portion of Weld County Road 28 a/k/a Ronald Reagan Boulevard, and Weld County Road II a/k/a/ Birch Street. WITNESSEII 1: 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, 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) 28 and WCR 11 being annexed are graded gravel roads, and WI IEREAS, 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 WI IEREAS, 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 .Ft IEREFORE, 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: I . 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: (a) The Town, except as hereinafter provided, will be responsible for prospective oz ewh, - /7 776) maintenance of said real property. (b) The Town will not impose any weight limitation applicable to vehicles using said real property. (c) The Town will not impose any limitation on vehicular access or use of said real property so as to specifically exclude farm or agricultural vehicles and equipment. (d) Current ingress and egress to the real property described in Exhibit A for current uses will continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. (e) '1'he road 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. (0 The Town shall initiate dust suppression practices to protect the public health and to provide un-obscured driving conditions through the use of water or magnesium chloride, in accordance with Annexor'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 an unpaved road as a candidate for paving when the traffic count exceeds 300 ADT. (h) The Town will implement weed control consistent with the standards of Annexor and the State of Colorado. (i) The Town will initiate timely removal of snow from the annexed road segments. 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 sin 4 -+ Un 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 °dr= obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties •a hereto. No modification to this Agreement shall be valid unless agreed to in writing by the ;a; is) parties hereto. oLL o crIXIXseri 6. Binding_Eff'ect. This Agreement shall inure to the benefit of and be binding upon ca - the parties hereto and their successors in interest. m 7. No Third -Party Enforcement. It is expressly understood and agreed that the tower w� M� a =- IAN 0 Ng>sag 'tOo11M 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 patties 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: �,,, .0eitOtt . COUNTY OF WELD, a political Weld County y Clerk to the Board B TOWN: ATTEST: By: Carr incrwvwn Clerk subdivision of the STATE OF COLORADO: 4232513 Pages: 5 of 9 08/30/2016 03:49 P11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■'l1 ')1iil4 11111 Sean P. Conway, Pro -Tern Board of County Commissioners, County of Weld JUM 13 Nit 'OWN OF FIRESTONE, a municipal corporation e STATE OF COLORADO Paul Sorensen, ayor c,20/6,— 17g76) EXHIBIT A A description of FIRESTONE NINTH (9T1 I) ANNEXATION located in the W1/2 of Section 25, the E1/2 of Section 26, the NE1/4 /4 of Section 35, and the NW1/4 1 /4 of Section 36, T3N, R68W of the 6th P.M., in Weld County, Colorado. For: Colorado Civil Group. LEGAL DESCRIPTION A tract of land located in the in the W1/2 of Section 25, the E1/2 of Section 26, the NE1/4 of Section 35, and the NW I/4 of Section 36, T3N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the S1/4 Corner of said Section 26, from which the Southeast Corner of said Section 26 bears N89° 16'34"E, 2655.85 feet (Basis of Bearing), thence N00°06'l4"W, 30.00 feet along the West Line of the SE1/4 of said Section 26 to the Northerly Right-of-way Line of Weld County Road 28; Thence N89° 16'34"E, 2625.80 feet along the Northerly Right-of-way Line of said Weld County Road 28 to the Westerly Right-of-way Line of said Weld County Road 11; Thence N00° 12'43"W, 2624.77 feet along the Westerly Right-of-way Line of said Weld County Road 11; Thence N00° 13'07"W, 2614.57 feet along the Westerly Right-of-way Line of said Weld County Road 11 to the Southerly Line of the Northerly 40.00 feet of the NE1 /4 of said Section 26; Thence N89°39'14"E, 30.38 feet along the Southerly Line of the Northerly 40.00 feet of the NE1/4 of said Section 26 to the Southerly Line of the Northerly 40.00 feet of the NW1/4 of said Section 25; Thence N88°49'43"E, 78.81 feet along the Southerly Line of the Northerly 40.00 feet of the NW1/4 /4 of said Section 25 to the Southeasterly Right-of-way Line of State Highway 66 conveyed to 'l'he Department of I lighways, State of Colorado as described in Special Warranty Deed recorded December 13, 1957, in Book 1491, as Reception No. 1266961 of the records of Weld County, Colorado; Thence S43°50'43"W, 70.71 feet along the Southeasterly Right-of-way Line of said State Highway 66 to the Easterly Right-of-way Line of said Weld County Road 11; Thence S00° 13'07"E:, 2565.14 feet along the Easterly Right-of-way Line of said Weld County Road 11; Thence S00° 12'43"E, 2684.23 feet along the Easterly Right-of-way Line of said Weld County Road 11 to the Northerly Line of BAREFOOT ANNEXATION, an annexation to the Town of Firestone; Thence S89° 16'34"W, 29.98 feet along the Northerly Line of said BAREFOOT ANNEXATION to the East line of the NE 1/4 of said Section 35, also being a point along the Southerly Right-of- way Line of said Weld County Road 28; 4232513 Pages: 6 of 9 08/30/2016 03:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■JJJ wirjr: ill Thence S89°16'34"W, 2655.62 feet along the Southerly Right-of-way Line of said Weld County Road 28 to the West Line of the NE I/4 of said Section 35; Thence N00°42'02"W, 30.00 feet along the West Line of the NE1/4 /4 of said Section 35 to the POINT OF BEGINNING. Area = 10.944 acres, more or less. 4232513 Pages: 7 of 9 08/30/2016 03:49 PM R Fee:$0,00 $0W0 d County. CO Carly Koppes, Clerk and Recorder, 11111 INF.�I� �.E��: ��LL � .1OO1AF.!RIWI11111 Q z z Q z W z 0 V! W U - .- , .. IS -Ch rant • oar one S.uw. 4Y 9'p I, 2 a AS r 1 a9 II 1 A s 6 $ a' vlu x at is 1 +6 .•1 .�.1 1 yn Jana Ai C; ? • 7� pp// 0g ,. i . P i- It i "� I aj f3 a i Al: a� 2 -• yk� 3d : J 8r� ,.. J r_ x 1 _ q ai _ s02 LI t • �i 3'_: od .. 9 ■ .x3 ;b Li 0311 b -t b A: 4:0;1; 5v S s ij V~ } S E :LW 2A 14 .; Sy e ;:: Ka�. .n•Utz` C$ ss_ : •::d; '.'i f X: f=- l't ttAiY 73 x3 TG 710 31na pit! h1 +F r6 8 of 9 Pages: 4232513 R Fee:$0.00 CO Carly oppe201S @C l e r9 p and Weld County, � fi� � Ali 1 �� in Carly ICoPPes, Clerk. . Recorder NM WAVY thi^'� iCli ' �i��hN��'�k�f�1 S i lilt S41/1 iS !NO •Stupn i 4 4 4 hcBV- 0.ip'C. i, W, iC ,7u rc_ 1. . Ili! IU I•Il. 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