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Home My WebLink About20154031.tiff RESOLUTION RE: APPROVE AGREEMENT FOR PRE-ANNEXATION AND AUTHORIZE CHAIR TO SIGN - BOARD OF TRUSTEES TOWN OF MEAD 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 Agreement for Pre-Annexation between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the County Commissioners Office, and Board of Trustees Town of Mead, commencing upon the full execution of signatures, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Pre-Annexation between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the County Commissioners Office, and the Board of Trustees Town of Mead be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of December, A.D., 2015. BOARD OF COUNTY COMMISSIONERS W D COUNTY, CO ORADO ATTEST: J ' arbara Kirkmeye , Chair Weld County Clerk to the Board r I / ��--Freeman, Pro-Tern D=•uty Clerk to the Board . Con, ay A. Cozad ?Y ount Attorney Steve Moreno Date of signature: _L_ 2015-4031 CC: (�,�`��,,,IYlead (Linth 3/a7 BC0048 PRE- ANNEXATION AGREEMENT This AGREEMENT is made and executed this I day of azbratti2015, 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 �2 o/ -1/6.5/O) 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 . Shields, Mayor ATTEST • Blackston, Town Clerk ATTEST: die/Li c►._...fe;to; COUNTY OF WELD, a political Weld County Clerk to the Board subdivision of the State of Colorado By: I �/�wV3 B • Deputy C1: k to the : ti� L arbara Kirkmeyer Chair E 2 3 2015 Board of County Commissioners of ' � , � theCountyofWeld itht il 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 I.INF,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 N0.6,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. 20150123 Rea Sum!andel Compliance-WCR 13 Mnax.wpd 2/3115(8.43 am) Page 3 of 3 .. _.._.,u A.,. {. +M.N t.!,.....O. 1.-.;.:«, ... .-e.e:re,u• in.-.(.Ku;w, i i DM via. 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I N ,III ! .�w COUNTY ATTORNEY ,, rp ' 1150 "O" STREET = _q_- • P O BOX 758 7, 4 i" '. - - ;I, GREELEY CO 80632 !� www.co.weld.co.us "1 r ' Direct Line: 970.336.7235 FAX: 970.352.0242 dt December 17,2015 Jesus Christ of batter-Day Saints c/o Tax Administration P.O. Box 511196 Salt Lake City, UT 84151-1196 VIA CERTIFIED MAIL Re: Petition to Annex Right-of-Way, WCR 13, Extending North from Colo. State Highway 66 Approximately 0.5 Miles Dear.Sirs and Madams: On Wednesday, December 23, 2015,at 9:00 a.m., at its regular business meeting held at 1150 O Street in Greeley, Colorado,the Board of County Commissioners of Weld County will consider a Pre-Annexation Agreement with the Town of Mead, Colorado, including a petition to annex the right-of-way for Weld County Road("WCR") 13, extending north from Colo. State Highway 66 approximately 0.5 miles. The Property owned by Jesus Christ of Latter-Day Saints is located adjacent to this stretch of right-of-way for WCR 13. Please be advised that the petition to annex does not include the property you own. A copy of the Pre-Annexation Agreement is enclosed. You or a representative of your organization may attend the Board meeting to comment on the Pre-Annexation Agreement and on the petition to annex. Please call me at(970) 356-4000, extension 4390, if you have any questions. r , .� ee T. er Weld County Attorney pc: Tom Parko, Planning Director Jay McDonald, Director of Public Works SENDER iOr.7PEE rE ,EC nOti r • Complete items 1,2,and 3.Also complete A. Signet item 4 if Restricted Delivery is desired. X ,J O Agent • Print your name and address on the reverse O Addressee so that we can return the card to you. B. R _ ed by( N �) C. Date f Del' • Aor this card tpa the back k it the mailpiece, THY(/ /L �/'' ) /z2 3 or on the front if space permits. �l-/ D. Is delivery address different from item 1? Ye 1. Article Addressed to: If YES,enter delivery address below: O No Jesus Christ of Latter-Day Saints c/o Tax Administration PO Box 511196 Salt Lake City, UT 84151-1196 3. celype Certified Mail O press Mail 'f]Registered etum Receipt for Merchandise O Insured Mall O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4538 3374 (transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-a¢.M-1540 COUNTY ATTORNEY . '. g,t 1150"O" STREET P 0 BOX 758 ,, a r a �— — � GREELEY CO 80632 www.co.weld.co.us -;1' II' r , - itil �' Direct Line: 970.336.7235 FAX: 970.352.0242 December 17,2015 Flatiron Mortgage Lending LLC 12656 Waterside Ln. Longmont, CO 80504-5252 VIA CERTIFIED MAIL Re: Petition to Annex Right-of-Way, WCR 13, Extending North from Colo. State Highway 66 Approximately 0.5 Miles Dear Sirs and Madams: On Wednesday, December 23, 2015, at 9:00 a.m., at its regular business meeting held at 1150 O Street in Greeley, Colorado, the Board of County Commissioners of Weld County will consider a Pre-Annexation Agreement with the Town of Mead, Colorado, including a petition to annex the right-of-way for Weld County Road("WCR") 13, extending north from Colo. State Highway 66 approximately 0.5 miles. The Property owned by Flatiron Mortgage Lending LLC is located adjacent to this stretch of right-of-way for WCR 13. Please be advised that the petition to annex does not include the property you own. A copy of the Pre-Annexation Agreement is enclosed. You or a representative of your organization may attend the Board meeting to comment on the Pre-Annexation Agreement and on the petition to annex. Please call me at(970) 356-4000, extension 4390, if you have any questions. re A-' s . arker eld County Attorney pc: Tom Parko, Planning Director Jay McDonald, Director of Public Works U.S. Postal Service,, 1.1 CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) F• . liv ryinf.rm ti.nvisit.urw •sit twww.us•s.c.nls mnorzci " irk ¢ Postage $ p Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) r'9 r9 Q Total Postage&Fees $ u! 1 ent To r_ Flatiron Mortgage Lending_LLC SYreet Apt No.; or PO Box No. 12656 Waterside Ln. City,State,ZIP+4 Longmont, CO 80504-5252 PS Form 3800.June 2002 See Reverse tot Instructions SENDER cor.7ritTE 'rIIS >LCIIt)v • Complete items 1,2,and 3.Also complete A. Signature / ! '� item 4 if Restricted Delivery is desired. X c l'��N� r��/�17 is • Print your name and address on the reverse L ddressee so that we can return the card to you. ,e.R ed by(Pd^ted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, \ fin„ 1 I� or on the front if space permits. �•l '1YYJJ"\ D. Is deliv address different from item 1? O Yes 1. Artiolle Addressed to: If YES,enter delivery address below: O No Fla .n Mortgage Lending LLC 126 aterside Ln. Lon, t, CO 80504-5252 3. Se. ce Type Certified Mail ❑ press Mail • ._.istered etum Receipt for Merchandise ❑Insured Mail O .O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4538 3381 (Transfer from service label PS Form 3811,February 2004 Domestic Return Receipt 102595-02ad-1540 COUNTY ATTORNEY • 1150 "O" STREET PO BOX 758 1 r. ; - - aI GREELEY CO 80632 - r www.co.weld.co.us r Direct Line: 970.336.7235 FAX: 970.352.0242 December 17, 2015 Rena Wix 14377 WCR 13 Platteville, CO 80651-9011 VIA CERTIFIED MAIL Re: Petition to Annex Right-of-Way, WCR 13, Extending North from Colo. State Highway 66 Approximately 0.5 Miles Dear Ms. Wix: On Wednesday, December 23, 2015, at 9:00 a.m., at its regular business meeting held at 1150 O Street in Greeley, Colorado,the Board of County Commissioners of Weld County will consider a Pre-Annexation Agreement with the Town of Mead, Colorado, including a petition to annex the right-of-way for Weld County Road("WCR") 13, extending north from Colo. State Highway 66 approximately 0.5 miles. The Property owned by you is located adjacent to this stretch of right- of-way for WCR 13. Please be advised that the petition to annex does not include the property you own. A copy of the Pre-Annexation Agreement is enclosed. You may attend the Board meeting to comment on the Pre-Annexation Agreement and on the petition to annex. Please call me at(970) 356-4000, extension 4390, if you have any questions. nice T. Barker Weld County Attorney pc: Tom Parko, Planning Director Jay McDonald, Director of Public Works U.S. Postal Service, n CERTIFIED IVIAILTMtRECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) m F•r• liv ryinf•rm ti•nvisit•urw •site twww.us•s.c•m� 4 - Ln Postage $ ra ❑ Certified Fee ❑ Postmark ❑ Return Receipt Fee Here (Endorsement Required) l=1 Restricted Delivery Fee (Endorsement Required) r9 r-9 Total Postage&Fees •$V t17 C Sent To I:=1 Rena Wix f`- Street,Apt No.; or PO Box No. 14377 WCR 13 City,State,ZIP+4 Platteville CO 80651-9011 PS Form 3800.June 2002 See Reverse for Instructions SENDER CQr,7PLf rf Tin f rRih • Complete items 1,2,and 3.Also complete A n: item 4 if Restricted Delivery is desired. X 0 gent • Print your name and address on the reverse •_ Addressee so that we can return the card to you. B. ved by(Printed Name) C. ate of Delivery • Attach this card to the back of the mailpiece, �, or on the front if space permits. C3- � ��'oZ D. Is delivery address different from item 1? • Yes 1. Article Addressed to: If YES,enter delivery address below: O No Rena Wix 14377 WCR 13 Platteville, CO 80651-9011 3. Service Type 2.ertified Mail O Express Mail Registered etum Receipt for Merchandise O Insured Mail . .D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 1160 0001 4538 -3367 (Transfer from se►v ce labs0 PS Fort 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 Hello