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Home My WebLink About20161799.tiffRESOLUTION RE: APPROVE ANNEXATION AGREEMENT FOR A PORTION OF COUNTY ROAD 9.5 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 Road 9.5 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 Road 9.5 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: ditheti ufddet;ti EXCUSED Mike Freeman, Chair Weld County Clerk to the Board BY: ty Clerk to the Board APPROVED AS TO FORM: County ATforney Date of signature: 1 / Cn / (Co Sean P. Conway, Pro-Tem EXCUSED Barbara Kirkmeyer ca.(() PtuCr=G/TLS 2016-1799 9 / t/9OIro EO0073 sOCC 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 one) ❑ Informational only X Action needed County staff has received the revised annexation documents for the Barefoot Lakes annexation into Firestone. The 9th and 10th 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 Mike Freeman, Chair Sean P. Conway, Pro -Tern Julie Cozad Barbara Kirkmeyer Steve Moreno A prove Recommendation Schedule Work Session 0:`Work sessions\2016 Work Session Firestone Annexationedoc BOARD CHAIR USE Results/Outcomes: 4232514 Pages: 2 of 10 08/30/2016 03:49 PM R Pepe:$0.O0 Carly Koppes; Clerk and Recorder. Weld County, CO Win Fill IN It In Other Comments: 2016-1799 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and executed this Tin a of 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 9.5, formerly a portion of the 1-25 East Frontage Road. WI FNESSE`I'H: 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) 9.5 being annexed is an asphalt paved roadway and includes a bridge over the St. Vrain River, 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 TI 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: 1. Submission of Annexation Petition: Contemporaneously with exe cution p y the 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 die "Annexation Petition"), is incorporated herein by reference. The Annexation Petition is submitted on the express condition that it will he 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 unposed 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 4232514 Pages: 3 of 10 08/30/2015 03:49 PM P Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III 14iiiiwirrikilul rTH1L'i t"I �► MkigitTINA' ks *i e11 II II olDo0-/79 9. maintenance of said real property. (b) l'he 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) The road shall be maintained by the Town in a fashion suitable for current uses including but not limited to the following measures: pavement repairs, crack filling, restri p i ng, and filling potholes. (0 The Town will implement weed control consistent with the standards of Annexor and the State of Colorado. (g) (h) The Town will initiate timely removal of snow from the annexed road segments. The Town will accept deeded title to the roadway and bridge right-of-way subsequent to the effective date of annexation. 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 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. 4232514 Pages: 4 of 10 08/30/2016 03:49 PM R Fee:$0.00 Carly Koopes. Clerk and Recorder, Weld County, CO �I11 Wirjlt:11'ili ViNfri II',RIMMk' L'iI P,'l 1i v111111 8. No Waiver of Immunities. No portion of this Agreement shall be deemed to constitute a waiver orally 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: ,r �; COUNTY OF WELD, a political Weld County Clerk to the oar subdivision of the STATE OF COLORADO: eputy C By: Carissa ledina, Town Clef 4232514 Pages: 5 of 10 08/30/2016 03:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III l�.rl Maite r {iI :I "MA 11 111 G? Sean P. Conway, Pro--Tem Board of County Commissioners, County of Weld '[OWN: JUN 13 M, OWN OF FIRESTONE, a municipal corporation the STATE OF COLORADO Paul Sorensen, Mayor clo/(4, - If 7 176) EXHIBIT A A description of FIRESTONE TENTH (10TH) ANNEXATION located in the W l/2 of Section 2, T2N, R,68W, and in the SW l/4 of Section 35, T3N, R68W, all of the 6th P.M., in Weld County, Colorado. For: Colorado Civil Group. LEGAL DESCRIPTION A tract of land located in the W I/2 of Section 2, T2N, R68W, and in the SW 1/4 of Section 35, T3N, R68W, all of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 35, from which the W1/4 Corner of said Section 35 bears N00°56'47"W, 2679.94 feet (Basis of Bearing), thence N89° 12'54"E, 52.23 feet along the South Line of the S W l/4 of said Section 35 to the Westerly Line of Weld County Road 9.5 conveyed to Weld County, Colorado, as described in Quit Claim Deed recorded September 14, 2007, as Reception No. 3504090 of the records of Weld County, Colorado, and the POINT OF BEGINNING: Thence N00° 10' 15"W, 460.33 feet along the Westerly Line of said Weld County Road 9.5; Thence NO2°28'47"E, 914.41 feet along the Westerly Line of said Weld County Road 9.5 to the Easterly line of said Weld County Road 9.5, also being the Westerly Line of BAREFOOT LAKES ANNEXATION, an annexation to the Town of Firestone; Thence S06°14103"E, 601.98 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly line of said BAREFOOT LAKES ANNEXATION, to a point of curve to the right; Thence Southerly, 366.52 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point tangent, said arc having a radius of 3379.26 feet, a central angle of 06° 12'52", and being subtended by a chord that bears S03°07'37"E, 366.34 feet; Thence S00"0I '1 I "E, 186.21 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a Northerly Line of Interstate Highway 25 as shown on Colorado Department of Transportation Highway Right-of- way plans for project NH-IRCX-025-3([09) recorded April 6, 2006, as Reception No. 3377298 of the records of Weld County, Colorado; The Ibllowing courses and distances are along the Northerly, Easterly, and Southerly Lines of said Interstate Highway 25: Thence N89°58'49"E:., 114.83 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION; Thence S00°01' I IT, 119.70 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION to the Southwesterly Corner of said BAREFOOT LAKES ANNEXATION; 4232514 Pages: 6 of 10 08/30/2016 03:49 PM R Fee $0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■fiP lr��I�,�Na�':y�r�+,r��:�ll"�'.1��1��,�r,�h .1111 Thence continuing S00"01' f 1"E, 100.52 feet to the South Line of the SW1/4 /4 of said Section 35; Thence S00°01'1 [ "E, 140.35 feet; Thence S89°59'{0"W, 114.83 feet to the Easterly Line of said Weld County Road 9.5; Thence leaving the Southerly Line of said Interstate Highway 25., S00°01' 1 [ "N:, 241.51 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the right; Thence Southerly, 606.34 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said arc having a radius of 9940.93 feet, a central angle of 03"29'41 ", and being subtended by a chord that bears SO I °43'40"W, 606.25 feet; Thence S03°28'30"W, 23.48 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the left; Thence Southerly, 541.42 feet along the arc of said curve and along the Easterly line of said Weld County Road 9.5, said arc having a radius of 9744.08 Feet, a central angle of 03° I I'0 I", and being subtended by a chord that bears SO I °53'00"W, 541.35 feet; Thence S0°0 l' 15"F1, 246.52 feet along the Easterly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left; Thence Southerly, 239.98 feet along the arc of said non -tangent curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent. said arc having a radius of 2766.36 feet. a central angle of 04"58'13''. and being subtended by a chord that bears SO2°3O'30"E, 239.91 feet; Thence SO4°59'37"E, 438.53 feet along the Easterly Line of said Weld County Road 9.5; Thence S34°34'53"E, 79.43 feet along the Easterly Line of said Weld County Road 9,5 to the Northerly Line of Weld County Road 24.5; Thence S00°02'32"W, 30.00 feet along the Easterly Line of said Weld County Road 9.5 to the South Line of the NW 1/4 of said Section 2; Thence N89°57'28"W, 135.53 feet along the South line of the NW I/4 o("said Section, also being the Northerly Line of DEL CAMINO JUNCTION ANNEXATION, an annexation to the Town of Firestone in the S W 1 /4 of said Section 2 recorded December 17, 1999, as Reception No. 2739034 of the records of Weld County, Colorado; Thence S04°59'27"E, 30.12 feet along the Westerly Line of said DEI. CAMINO JUNCTION ANNEXATION to the Southerly Line of said Weld County Road 9.5; Thence N89°5728"W, 26.17 feet along the Southerly tine of said Weld County Road 9.5; Thence Northerly, 414.36 feet along the arc of a curve concave to the East and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 9608.67 feet, a central angle of 02'28'15", and being subtended by a chord that bears NO3°09' 12"W, 414.33 feet; 4232514 Pages: 7 of 10 08/30/2016 03:49 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■ li Nral alit NV' P /0147,1 tiilL It 'i id II II I Thence N 1 °46'09"W, 593.37 feet along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the right; Thence Northerly, 604.97 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left, said arc having a radius of 9154.12 feet. a central angle of 03°4791 I", and being subtended by a chord that bears N00°23'24"E, 604.86 feet; Thence Northerly, 854.59 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 13722.41 feet. a central angle of 03°34'06", and being subtended by a chord that bears NOl"05'41 "G, 854.45 feet; Thence N0° 1 0' 15 "W, 131,50 feet along the Westerly Line of said Weld County Road 9.5 to the POINT OF BEGINNING. Area = 10.582 acres, more or less. 4232514 Pages: 8 of 10 08/30/2016 03:46 PM R Fee:$0.00 $0.00 Carly Koppes. Clerk and Recorder, Weld County, ■III14L��'. t��"�iI�� : �ihrt�ivi� I�" iliv+�� lea 'ffri CO �k�illi IN Z a z 0 FIRESTONE 0 -J 3 COUNTY OF a a Q If! co 0 U W 0 (11 1 r so Jt a 4 i s, ZS -S as a.. en • e. an 2 tS 1 eV A A:4 ii Z.t u 3'� V ii y3 J , _7 ,d Tt, 3d� oh Z{_! _ fa' g. c K 4,.'. 3 i • • I J - AMITY.V AILWAy 1UY 11L1.1 ")1 0 JD Al °i .5 7 • 1 r1,,;53 1 ..r - ` J•p i._ 71 iz r, e • Sj 9,6 4 s t.' s .— $ zn _•_ J_ A"' �^ - c7.:i =$ 1 Sic 1.4 L< r L • 442 511' ._a 1.- i 4232514 Pages: 9 of 10 08/30/2016 03:49 PM R Fee:$0.00 Carly KOPPOS, Clerk and Recorder, Weld County, CO ■III �i��1Nii �1'�:4D�1�:I�I�IrIJ��,1Fh�r�lLl`r�LtiM�lr�11111 nCLIC q ANA I J AL y. :II c1Y)/• ‘I SAM! i f j.r 5, 74 4 s r t r tp kJ. •711 0 i`.-'`i I r •1!- t5 --a f ! • S i 'I 544 :107.7.7 y. 0 <. 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