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Home My WebLink About20162270.tiffJuly 14, 2016 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 jfuller@weldgov.com RE: Request for Comments and Recommendations on the Annexation of WCR 13, North of Hwy. 66 Adjacent to Grand View Estates Subdivision. Gentlemen: Enclosed is a copy of the application and other supporting material for the proposed annexation of that portion of WCR 13 north of State Highway 66, adjacent to the Grand View Estates Subdivision to the Town of Mead. This appexation consists of the Right -of -Way of WCR 13 adjacent to the Grand View Estates Subdivision in Mead. The proposed annexation will allow the Town to control three portions of the intersection of WCR 13 and State Highway 66. It will also allow the Town to control access from adjacent property and to provide for the maintenance of the road surface and drainage the borrow ditches. The purpose of this referral is to obtain the comments and recommendations of various governmental agencies and service providers as to the appropriateness of the proposed development. Your comments are welcome and will assist the Board of Trustees and Planning Commission in their review of the proposal. We ask that your comments reach us no later than August 1, 2016. We ask that you forward your response directly to Samson Law Firm, LLC, c/o Gary West, P.O. Box 1079, Longmont, CO 80502. Thank you for your cooperation and assistance. Very truly yours, Linda Blackston Town Clerk Town of Mead • 441 Third Street • P.O. Box 626 • Mead, Colorado 80542-0626 • 970-535-4477 • www.townofmead.org 1rVbllC l viCAJJ /9Cf tCa CC: 5O CRS), et- Cnnnn/TP),Ccnuv v), pc.) CRH/ €p), G CUM), Maps -7/StS"/ao $6' 2016-2270 TOWN OF MEAD, COLORADO RESOLUTION NO. 28-R-2016 A RESOLUTION OF THE TOWN OF MEAD, COLORASDO, FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF MEAD, SAID ANNEXATION TO BE KNOWN AS THE WCR 13 NORTH ANNEXATION. WHEREAS, a written petition together with four (4) prints of an annexation map for the annexation of certain properties have been filed with the Board of Trustees of the Town of Mead by THE Board of Weld County Commissioners, for the annexation of certain portions of the WCR 13 right-of-way, between north boundary of the Grand View Estates Subdivision and the St. Vrain Creek bridge at the North line of the Southeast Quarter Section 36 and the North line of the Southwest Quarter of Section 31, Weld County, Colorado; and WHEREAS, the Board of Trustees has reviewed the petitions and supporting material; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO, as follows: Section 1. The petition, whose legal description is attached hereto as Exhibit A, and incorporated by reference herein, is accepted and determined to be in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-12- 105, and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Mead Town Hall, 441- 3`d Street, Mead, Colorado 80542, at the following time and date: 7:00 p.m., Monday, July 25, 2016. RESO 28-R-2016 SUBSTANTIAL COMPLIANCE - WCR 13 ANNEX 1013,1413:03 pm) Page 1 of 3 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Mead, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, PASSED, AND ADOPTED THIS 13TH DAY OF JUNE, 2016. ATTEST: B Lindd�lackston, CMC, Town Clerk RESO 26-R-2016 SUBSTANTIAL COMPLIANCE - 'NCR 13 ANNEX 1013H413:03 pm) TOWN OF MEAD By Garry R. Shields, Mayor Page 2 of 3 EXHIBIT A WELD COUNTY ROAD 13 ANNEXATION LEGAL DESCRIPTION KNOW ALL MEN BY THESE PRESENTS THAT THE TOWN OF MEAD, STATE OF COLORADO, BEING THE OWNER OF PROPERTY IN WELD COUNTY, COLORADO, EXCLUSIVE OF RIGHTS -OF -WAY, HAVE HEREWITH PETITIONED TO THE TOWN OF MEAD FOR THE ANNEXATION OF THE PROPERTY BEING DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M., AND THE SOUTHWEST QUARTER OF SECTION 19. TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN ALL IN WELD COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 TO BEAR NORTH 00°19'48" WEST, A DISTANCE OF 2652.89 FEET, BETWEEN THE SOUTHWEST CORNER OF SAID SECTION 19 AND THE WEST QUARTER CORNER OF SAID SECTION 19, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19, SOUTH 88°42'13" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY OF GRAND VIEW ANNEXATION; THENCE CONTINUING ALONG SAID EASTERLY AND WESTERLY LINES, AND ALONG THE WESTERLY LINE OF GRAND VIEW ESTATES ANNEXATION NO. 6, AS DESCRIBED IN THE RECORDS OF WELD COUNTY RECORDED ON APRIL 19, 2009, AT RECEPTION NO. 3380479, SOUTH 00°19'48" EAST, A DISTANCE OF 2612.87 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. NORTH 89°57'02" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 13; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 00°19'48" WEST, A DISTANCE OF 2612.89 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION. 24; THENCE ALONG SAID NORTHERLY LINE, NORTH 88°49'36" EAST, A DISTANCE OF 30.00 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING; THUS DESCRIBED TRACT CONTAINS 156,792 SQ. FT. OR 3.60 ACRES, MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT OF WAYS EXISTING AND/OR OF PUBLIC RECORD. 20160613 RESO 28-R-2016 SUBSTANTIAL COMPLIANCE - WCR 13 ANNEX 10/3/14 (3:03 pm) Page 3 of 3 Date: March 28, 2016 BOARD OF COUNTY COMMISSIONERS PHONE: (970) 336-7204, Ext. 4200 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 To: The Board of Trustees of the Town of Mead, Colorado. Re: PETITION FOR ANNEXATION OF A PORTION OF WELD COUNTY ROAD 13, TO THE TOWN OF MEAD, COLORADO. I, Mike Freeman, serving as Chair of the Weld County Board of Commissioners, on behalf of the Weld County Board of Commissioners and Weld County ("Petitioner"), in accordance with Colorado law, hereby petition the Town of Mead ("Town"), through its Board of Trustees, for annexation to the Town the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: A portion of the Weld County Road 13 right-of-way lying in Sections 19 and 24, T3N, R67W of the 6th P.M., Weld County, Colorado, as more precisely described in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, Petitioner makes the following representations: 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 § 31-12-104, C.R.S. 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 2016-1125 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. 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. i. 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 to be annexed is 3.6 acres more or less. 3. Prior to completion of the annexation of the territory proposed to be annexed, the Town will 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. 4. 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 is to be annexed to the Town but is not bounded on both sides by the Town. 5. The Board of County Commissioners agrees that an impact report pursuant to § 31-12- 108.5, C.R.S., 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. 6. 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. 7. 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 or the area proposed to be annexed, said map prepared 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. 8. Upon the Town 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. 9. The zoning classification requested for the area proposed to be annexed is "AG - Agricultural". 10. The Weld County Board of Commissioners and the Town specifically acknowledge the execution of a Pre -Annexation Agreement contemporaneously with the execution of this Petition; both parties expressly consent to the terms and conditions set forth therein, and hereby incorporate it herein in its entirety. 11. 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. WHEREFORE, the following petitioner, a non-resident landowner of the area proposed to be annexed, as more particularly described in the attached Exhibit A, respectfully requests that the Town of Mead, 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. Owner, Mike Freeman, Chair Board of County Commissioners County of Weld, State of Colorado MAR 2 8 2016 Date a.0/6 --//c2b- STATE OF COLORADO )ss. COUNTY OF -r / 91-'41+4✓ 2016 The foregoing instrument was acknowledged before me thisO� day of by Mike Freeman, Chair Board of County Commissioners, Weld County, Colorado. My commission expires: kit %/�/0, . Witness My Hand and Official Seal Notary Public CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 RECORD OF LAND OWNERSHIP Landowner/Petitioner: Board of County Commissioners of the County of Weld, State of Colorado Mailing Address: 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 Date: March 28, 2016 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO )ss. COUNTY OF Mike Freeman, Chair, Weld County Board of Commissioners, being first duly sworn upon oath, deposes and says that he was the circulator of this Petition for Annexation of lands to the Town of Mead, Colorado, consisting of 7 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. 0 U u-1'u-�e,e✓--� Circulator STATE OF COLORADO COUNTY OF )ss. The foregoing instrument was acknowledged before me this of day of -n 2016 by Mike Freeman, Chair My commission expires: 4�/9/o2D/d. Witness My Hand and Official Seal Notary Public CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2018 oZo/6 //o" EXHIBIT A WELD COUNTY ROAD 13 ANNEXATION LEGAL DESCRIPTION KNOW ALL MEN BY THESE PRESENTS THAT THE WELD COUNTY, STATE OF COLORADO, BEING THE OWNER OF CERTAIN PROPERTY IN WELD COUNTY, COLORADO, BEING EXCLUSIVELY RIGHTS -OF -WAY FOR WELD COUNTY ROAD 13, HAVE HEREWITH PETITIONED TO THE TOWN OF MEAD FOR THE ANNEXATION OF THE PROPERTY BEING DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M., AND THE SOUTHWEST QUARTER OF SECTION 19. TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN ALL IN WELD COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE SOUTI IWEST QUARTER OF SAID SECTION 19 TO BEAR NORTH 00°19'48" WEST, A DISTANCE OF 2652.89 FEET, BETWEEN THE SOUTHWEST CORNER OF SAID SECTION 19 AND THE WEST QUARTER CORNER OF SAID SECTION 19, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19, SOUTH 88°42'I3" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY OF GRAND VIEW ANNEXATION; THENCE CONTINUING ALONG SAID EASTERLY AND WES'I'ERLY LINES, AND ALONG THE WESTERLY LINE OF GRAND VIEW ESTATES ANNEXATION NO.6, AS DESCRIBED IN THE RECORDS OF WELD COUNTY RECORDED ON APRIL 19, 2009, AT RECEPTION NO. 3380479, SOUTH 00°19'48" EAST, A DISTANCE OF 2612.87 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89°57'02" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 13; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 00°19'48" WEST, A DISTANCE OF 2612.89 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE ALONG SAID NORTHERLY LINE, NORTH 88°49'36" EAST, A DISTANCE OF 30.00 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING; THUS DESCRIBED TRACT CONTAINS 156,792 SQ. FT. OR 3.60 ACRES, MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT OF WAYS EXISTING AND/OR OF PUBLIC RECORD. ANNEXATION 4442 e ezz PffiaiE SLkapk 40§§20 n§§§2§ 2 -®r - O M00001- , ▪ 0€6512 o.■§;mom re t- ;. =_: -.�2 ze §0 § mM� p } ©00= o \ ` o izoct § flh€ ] TOWN OF MEAD, COLORADO RESOLUTION NO. 39-R-2016 A RESOLUTION OF THE TOWN OF MEAD, COLORADO, REPEALING RESOLUTION NO. 28-R-2016, AND ADOPTING A NEW RESOLUTION FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF MEAD, SAID ANNEXATION TO BE KNOWN AS THE WCR 13 NORTH ANNEXATION. VVIIEREAS, a written petition together with four (4) prints of an annexation map for the annexation of certain properties have been filed with the Board of Trustees of the Town of Mead by THE Board of Weld County Commissioners, for the annexation of certain portions of the WCR 13 right-of- way, between north boundary of the Grand View Estates Subdivision and the St. Vrain Creek bridge at the North line of the Southeast Quarter Section 36 and the North line of the Southwest Quarter of Section 31, Weld County, Colorado; and WHEREAS, the Board of Trustees reviewed the petitions and supporting material; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition; and WHEREAS, by Resolution No. 28-R-2016, adopted June 13, 2016, the Board of Trustees set a hearing date of July 29, 2016, for the annexation, and now finds it necessary to reschedule the public hearing by the adoption of a new Resolution of Substantial Compliance and publish the hearing as required by statute; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO, as follows: Section 1. The petition, whose legal description is attached hereto as Exhibit A, and incorporated by reference herein, is accepted and determined to be in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Mead Town Hall, 441- 3rd Street, Mead, Colorado 80542, at the following time and date: 7:00 p.m., Monday, August 25, 2016. Reso 39.R-2016 Substantial Compliance - WCR 13 Annex 7/]/16 (2:26 pm) Page 1 of 3 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Mead, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, PASSED, AND ADOPTED THIS I f° DAY OF July, 2016. ATTEST: TOWN OF MEAD B -r By Linda lackston, CMC, Town Clerk Gary R. hields, Mayor Nottlatitlefei .A _or 7. L 'Al`‘‘‘‘R /"nunuaa Rem 39-R-2016 Substantial Compliance -WCR 13 Annex 7/7/16 (2:26 pml Page 2 of 3 EXHIBIT A WELD COUNTY ROAD 13 ANNEXATION LEGAL DESCRIPTION KNOW ALL MEN BY THESE PRESENTS THAT THE TOWN OF MEAD, STATE OF COLORADO, BEING THE OWNER OF PROPERTY IN WELD COUNTY, COLORADO, EXCLUSIVE OF RIGHTS -OF -WAY, HAVE HEREWITH PETITIONED TO THE TOWN OF MEAD FOR THE ANNEXATION OF THE PROPERTY BEING DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH P.M., AND THE SOUTHWEST QUARTER OF SECTION 19. TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN ALL IN WELD COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 TO BEAR NORTH 00°19'48" WEST, A DISTANCE OF 2652.89 FEET, BETWEEN THE SOUTHWEST CORNER OF SAID SECTION 19 AND THE WEST QUARTER CORNER OF SAID SECTION 19, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19, SOUTH 88°42'13" EAST, A DISTANCE OF 30.01 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13, SAID POINT ALSO BEING ON THE WESTERLY BOUNDARY OF GRAND VIEW ANNEXATION; THENCE CONTINUING ALONG SAID EASTERLY AND WESTERLY LINES, AND ALONG THE WESTERLY LINE OF GRAND VIEW ESTATES ANNEXATION NO. 6. AS DESCRIBED IN THE RECORDS OF WELD COUNTY RECORDED ON APRIL 19, 2009, AT RECEPTION NO. 3380479, SOUTH 00°19'48" EAST, A DISTANCE OF 2612.87 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89°57'02" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 13; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 00°19'48" WEST, A DISTANCE OF 2612.89 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE ALONG SAID NORTHERLY LINE, NORTH 88°49'36" EAST, A DISTANCE OF 30.00 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING; THUS DESCRIBED TRACT CONTAINS 156,792 SQ. FT. OR 3.60 ACRES. MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT OF WAYS EXISTING AND/OR OF PUBLIC RECORD. Reso 39-R-2016 Substantial Compliance - WCR 13 Ames 7/1)16 (2:26 pmt Page 3 of 3 PRE- ANNEXATION AGREEMENT j This AGREEMENT is made and executed this 0X3 i day of i(�/�� tzfaz 2015, by and between the BOARD OF COMMISSIONERS of WELD COUNTY, COLORADO (hereinafter referred to as "Annexor") and the BOARD OF TRUSTEES of the TOWN OF MEAD, COLORADO (hereinafter referred to as the "Town"), for the annexation of a portion of Weld County Road 13. RECITALS: WHEREAS, Annexor is the governmental entity which controls a portion of Weld County Road 13 located adjacent to the Town and more particularly described in Exhibit A (hereinafter referred to as the "Annexation Area"), which is attached hereto and incorporated by reference, and WHEREAS, Annexor is filing a petition with the Town for the purpose of annexing to the boundaries of the Town the Annexation Area, and WHEREAS, Annexor desires to require certain conditions relating to the proposed annexation and to the effectiveness of the referenced petition, and WHEREAS, the Town has reviewed and this Pre -Annexation Agreement containing the conditions set forth hereinafter. NOW THEREFORE, in consideration of the foregoing statements 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. Recitals. The above Recitals shall be incorporated herein as though fully set forth in their entirety. 2. Submission of Annexation Petition. Annexor has submitted to the Town for its consideration an annexation petition for the Annexation Area with said petition being incorporated herein by reference (hereinafter the "Annexation Petition"). The Annexation Petition has been submitted on the express condition that it will be approved by the pursuant the conditions set forth in Section 3 of this Pre -Annexation Agreement will be incorporated in the Annexation Agreement. 3. Conditions Applicable to Annexation a. Town intends to apply to the State of Colorado for a grant to pay for the majority of improvements to Annexation Area. County agrees to contribute money to the project through a separate intergovernmental agreement. Upon completion of the annexation the Town shall be responsible for maintenance of the portion of Weld County Road 13 to be annexed. The Weld County Department of Public Works shall provide Town with copies of its maintenance records and recommend maintenance schedules for the portion of Weld County Road 13 subject to this Agreement. b. With regards to the portion of Weld County Road 13 to be annexed, Town shall consult and coordinate with County regarding the respective Town and County transportation plans to ensure the efficient and safe flow of traffic along the area to be annexed and connecting County roads. c. Town shall not change the current weight limitation on the portion of Weld County Road 13 to be annexed which would restrict either (1) vehicles related to agricultural activities including, but not limited to, vehicles transporting farm to market products; or (2) vehicles related to the oil and gas industry. d. Town shall not change any speed limitation on the portion of Weld County Road 13 to be annexed without first complying with the requirements set forth in the Federal Highway Administration Manual on Uniform Traffic Control Devices. Except in case of emergency or for construction purposes, no attempt shall be made by the Town to limit vehicular access to the Annexed Area.. e. Current ingress and egress to the Annexed Area for current uses shall continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. f. The Town will implement weed control consistent with its standards and regulations and those of the State of Colorado. g. The Town will initiate timely removal of snow from the portion of Weld County Road 13 to be annexed. 4. Waive Impact Report. The Annexor hereby waives the production and provision of an annexation impact report for the Annexation Area as provide in C.R.S. § 31-12-108.5(1); and, the mailing of a copy of the petition for annexation and/or resolutions related to the initiation of the annexation to the Weld County Board of County Commissioners and/or the Weld County Attorney as may be required in C.R.S. § 31-12-108(2). 5. Entire Agreement. This Agreement, Exhibit A hereto, and the Annexation Petition referenced herein embody 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. 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. TOWN OF MEAD By Gary R" Shields, Mayor ATTEST t Blackston, Town Clerk ATTEST: ;e1 COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the State of Colorado By: arbara Kirkmeyer Chair DE' 2 3 2015 Board of County Commissioners of the County of Weld 0229/5 44,04-1(7 A EXHIBIT A WELD COUNTY ROAD 13 ANNEXATION LEGAL DESCRIPTION KNOW ALL MEN BY THESE PRESENTS THAI"CHE TOWN OF MEAD. STATE OF COLORADO, BEING THE OWNER OF PROPERTY IN WELD COUNTY, COLORADO, EXCLUSIVE OF RIGHTS -OF -WAY, HAVE HEREWITH PETITIONED TO THE TOWN OF MEAD FOR THE ANNEXATION OF PROPERTY BEING DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., AND THE SOUTHWEST QUARTER OF SECTION 19. TOWNSHIP 3 NORTH, RANGE 67 WEST OP THE 6TH PRINCIPAL MERIDIAN ALL IN WELD COUNTY, STATE OF COLORADO AND BEING MORE. PARTICULARLY ARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 TO BEAR NORTH 00°19'48" WEST, A DISTANCE OF 2652.89 FEET, BETWEEN THE SOUTHWEST CORNER OF SAID SECTION 19 ANDTHE WEST QUARTER CORNER OF SAID SECTION 19, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH LINE OF THE SOU'ITI WEST QUARTER OF SAID SECTION 19, SOUTH 88"43'13" EAST, A DISTANCE OF 30,01 FEET TO A POINT ON THE EASTERLY RICE IT -OF -WAY LINE OF WELD COUNTY ROAD 13, SAID POINT ALSO BEING ON THE WESI'ERI.Y BOUNDARY OF GRAND VIEW ANNEXATION: TI IENCF. CONTINUING ALONG SAID EASTERLY AND WESTERLY LINES, AND ALONG THE WESTERLY LINE OF GRAND VIEW ESTATES ANNEXATION NO.6, AS DESCRIBED IN THE RECORDS OF WELD COUNTY RECORDED ON APR. 19. 2009. AT RECEPTION NO. 3380479, SOUTH 00° 19'48" EAST, A DISTANCE OF 2612.87 FEET TO A POINT ON THE NORTHERLY RTGHT•OF-WAY LINE OF STATE I IIGHWAY 66; THENCE ALONG SAID NORI'I IERI.Y RIGHT• -OF -WAY LINE, NORTH 89°57'02" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON TILE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 13; THENCE. ALONG SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 00°I9'48" WEST, A DISTANCE OF 2612.89 FEET TO A POINT ON TILE NORTHERLY LINE OF THE SOUTI LEAST QUARTER OF SAID SECTION 24; THENCE ALONG SAID NORTHERLY LINE, NORTH 88°49'36" EAST, A DISTANCE OF 30.00 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING; THUS DESCRIBED TRACT CONTAINS 156,792 SQ. FT. OR 3.60 ACRES, MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHT OF WAYS EXISTING AND/OR OF PUBLIC RECORD. 20150123 nos Subblanliol C.wepli°ncn • WCR 13 Minx wp; 2/3115 (5 43 amp Page 3 of 3 -- .T. .t.. r.m,..-i-.: .. •te n.rwr •a...0 .i .Rf.A w.-••• 4{. _ p it e 7 ;;gtt k . ts .. 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