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Firestone
A Community
Zs*Mks In Motion
\'°°' September 1, 2011
Clerk of the Weld County Board Frederick Area Fire Longmont Conservation
of County Commissioners Protection District District
P.O. Box 758 P.O. Box 129 9595 Nelson Road,Box D
Greeley, CO 80632 Frederick, CO 80530 Longmont,CO 80501
Bruce Barker, Esq. Mountain View Fire St. Vrain and Left Hand Water
Weld County Attorney Protection District Conservancy District
915 10th Street 9119 County Line Rd. 9595 Nelson Rd,Box C
Greeley,CO 80632 Longmont, CO 80501 Longmont,CO 80501
St. Vrain Sanitation District Town of Frederick City of Dacono
11307 Business Park Circle P.O. Box 435 P.O. Box 186
Firestone, CO 80504 Frederick, CO 80530 Dacono,CO 80514
St. Vrain Valley School District City of Longmont Carbon Valley Recreation District
395 South Pratt Parkway 350 Kimbark Street 701 5th Street
Longmont, CO 80501-6499 Longmont, CO 80501 Frederick, CO 80530
Central Weld County Water District Weld Library District Left Hand Water District
2235 2nd Avenue 2227 23rd Avenue P.O. Box 210
Greeley, CO 80631 Greeley, CO 80631 Niwot, CO 80544
Northern Colorado Water Longs Peak Water District
Conservancy District 9875 Vermillion Road
220 Water Avenue Longmont, CO 80504
Berthoud,CO 80513
Dear Sir or Madam:
Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be known as
the Flatiron Annexation. The Public Hearing on the proposed annexation is scheduled for Wednesday,
September 28,2011 at 6:30 p.m.,as described in the enclosed Resolution No. 11-19. Also enclosed is a copy
of the Petition for Annexation as filed,the notice published in the Daily Times-Call on August 29,2011 and a
vicinity map of the Annexation
TOWN OF FIRESTONE, COLORADO
Judy Hegwood, Town Clerk
p00143 C �11,� et.. Pt,, CIA Inrtl CuPry)
01- 1 ' " 9- 7-// 9- a l) 2011-2385
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF TILE TOWN OF FIRESTONE, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the Town of
Firestone and its Board of Trustees for annexation to the Town of Firestone of the
unincorporated territory, the legal description of which is attached hereto as Exhibit A and
incorporated herein by this reference, located in the County of Weld and the State of Colorado,
and to be known as the Flatiron Annexation to the Town of Firestone.
As part of this petition,your petitioners further state to the Board of Trustees that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed
to the Town of Firestone.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S.,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 of Firestone or will be contiguous
with the Town of Firestone within such time as required by Section 31-12-
104.
b. A community of interest exists between the area proposed to be annexed
and the Town of Firestone.
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 of Firestone.
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.
f. No land within the boundary of the area 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,
comprises twenty acres or more, and which, together with the buildings
and improvements situated thereon, has an assessed value in excess of two
1 EXHIBIT M
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 of Firestone more than three
miles in any direction from any point of the boundary of the Town of
Firestone in any one year.
j. The territory proposed to be annexed is 30 ,07 acres in total area.
k. Prior to completion of the annexation of the area proposed to be annexed,
a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., 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 of Firestone; and the proposed land
uses for the area; such plan to be updated at least once annually.
1. In establishing the boundary of the area 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 area annexed, and reasonable
access will not be denied 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 of Firestone but is not bounded on both sides
by the Town of Firestone.
m. If required, an impact report will be prepared and filed pursuant to Section
31-12-108.5, C.R.S.
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.
The signatures on this petition comprise one-hundred percent (100%) of the
landowners of the territory to be annexed and said landowners attesting to the
2 EXHIBIT M
facts and agreeing to the conditions herein contained will negate the necessity of
arty annexation election.
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 of Firestone 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, resolutions, rules,
and regulations of the Town of Firestone, except for general property taxes of the
Town of Firestone,which shall become effective as of the January 1 next ensuing.
6. The zoning classification requested for the area proposed to be annexed is PH D, • EC, RC
The petitioners agree that said annexed land shall be brought under the provisions
of Title 17 of the Firestone Municipal Code within ninety (90) days from the
effective date of the annexation ordinance.
7. There shall be no duty or obligation upon the Town of Firestone 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. If required by the Town, an annexation agreement has been or will be executed by
the petitioners herein and the Town of Firestone relating to this annexation and
the petitioners hereby expressly consent to the terms and conditions set forth in
the annexation agreement.
3 EXHIBIT M
9. The petitioners agree to the following terms and conditions, which shall be
covenants running with the land, and which may, at the option of the Town,
appear on the annexation map:
a. Water rights shall be provided pursuant to Town Ordinance.
b. All conditions set out in the annexation agreement executed by the petitioner.
c. Other:
WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the Town of Firestone,acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed.
4 EXHIBIT M
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
says:
That (he or she) was the circulator of the foregoing Petition for Annexation of lands to
the Town of Firestone, Colorado, consisting of 6 pages, including this page and that each
signature thereon was witnessed by your affiant and is the true signature of the person whose
name it purports to be.
119.4
nt
Circulator
ACKNOWLEDGMENT MARY MANSHEL
Notary Public
STATE OF COLORADO ) State of Colorado
)ss — a+ _
COUNTY OF )
he abov and or ggoin Affidavit of Circulator was subscribed and sworn to before me
this)3 day of�l , 201O.
Witness my hand and official seal.
My commission expires on•my_commissio4“,xpfres /
October 02, 2014 .�/ ‘....„1/4.<11cy(„ `�(,(
,
Notary Public o
Address
4032 Hammans Ct.
Loveland,CO 80537
(SEAL)
5 EXHIBIT M
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EXHIBIT A
LEGAL DESCRIPTION
FLATIRON ANNEXATION
LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, IN THE COUNTY OF WELD, STATE OF
COLORADO, PER FINAL PLAT RECORDED DECEMBER 30,1991 AT RECEPTION NO. 02273563, IN
THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, TOGETHER WITH LOTS 1 AND
2, FLATIRON PLANNED UNIT DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT
RECORDED APRIL 17,1998 AT RECEPTION NO. 2606946, IN SAID OFFICE OF THE CLERK AND
RECORDER, TOGETHER WITH LOT 1, FIRST AMENDMENT, LOT 1, FLATIRON PLANNED UNIT
DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED FEBRUARY 25,
2010 AT RECEPTION NO. 3677984, IN SAID OFFICE OF THE CLERK AND RECORDER, AND
TOGETHER THAT CERTAIN UN-NAMED PUBLIC RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT
OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II, LYING WITHIN THE WEST HALF OF THE
SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH PRINCIPAL
MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHWEST
QUARTER OF SECTION 11;
THENCE ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 11, SOUTH 00°20'42"WEST, 34.42 FEET TO THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO.
1852633, IN SAID OFFICE OF THE CLERK AND RECORDER;
THENCE ALONG SAID EASTERLY PROLONGATION, PARALLEL WITH THE NORTHERLY LINE OF
SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, NORTH 89°34'18"WEST, 21.63
FEET TO THE NORTHWEST CORNER OF LOT 1, SAID FLATIRON PLANNED UNIT DEVELOPMENT
AND THE POINT OF BEGINNING;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT,
SOUTH 00°03'20"WEST, 2580.48 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1;
THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00°03'20"
WEST, 20.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 30.00 FEET,
MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID WEST HALF OF THE
SOUTHWEST QUARTER, SECTION 11;
THENCE ALONG SAID PARALLEL LINE, NORTH 89°40'08"WEST, 751.61 FEET TO AN ANGLE
POINT IN THE SOUTHERLY BOUNDARY OF LOT 2, SAID FLATIRON PLANNED UNIT
DEVELOPMENT;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 THE FOLLOWING TWO COURSES:
1) NORTH 84°37'14" EAST, 201.00 FEET;
2) SOUTH 89°40'08" EAST, 471.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2,
BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 100.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 36°45'06"
WEST;
THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 1, THE
FOLLOWING 11 COURSES:
1) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°11'34" AND ARC
LENGTH OF 92.84 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 26°39'07" EAST
AND CHORD DISTANCE OF 89.54 FEET;
2) TANGENT TO SAID CURVE, NORTH 00°03'20" EAST, 456.41 FEET;
3) NORTH 89°38'18"WEST, 426.23 FEET;
4) SOUTH 05°41'40"WEST, 159.99 FEET;
5) NORTH 89°40'51"WEST, 198.38 FEET;
6) SOUTH 37°38'18"WEST, 63.69 FEET;
7) SOUTH 64°04'45"WEST, 61.12 FEET;
8) NORTH 88°59'11"WEST, 119.00 FEET;
9) SOUTH 03°28'51"WEST, 35.99 FEET;
10) NORTH 88°59'11"WEST 340.55 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1,
FLATIRON PLANNED UNIT DEVELOPMENT, BEING A POINT ON THE EASTERLY RIGHT-OF-
WAY OF 1-25 FRONTAGE ROAD;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY BOUNDARY OF SAID
FLATIRON PLANNED UNIT DEVELOPMENT AND THE WESTERLY BOUNDARY OF SAID FLATIRON
PLANNED UNIT DEVELOPMENT II, NORTH 05°45'50" EAST 601.73 FEET TO THE NORTHWEST
CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT
DEVELOPMENT II, SOUTH 86°42'46" EAST, 660.22 FEET TO A POINT ON THE EASTERLY LINE OF
SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT;
THENCE ALONG SAID EASTERLY LINE, NORTH 05°46'09" EAST, 1747.51 FEET TO AN ANGLE
POINT THEREIN;
THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°03'54"WEST, 7.01 FEET TO THE
NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT
RECEPTION NO. 1852633;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT
RECEPTION NO. 1852633, SOUTH 89°34'18" EAST, 342.79 FEET TO THE POINT OF BEGINNING.
CONTAINS 1,321,164 SQ. FT. OR 30.330 ACRES, MORE OR LESS
RESOLUTION NO. 11- 9
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE FLATIRON ANNEXATION TO THE TOWN
OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Flatiron
Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and
referred to the Board of Trustees of the Town for a determination of substantial compliance with
applicable law; 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 FIRESTONE, COLORADO:
Section 1. The petition, the legal description for which is attached hereto as Exhibit
A and incorporated herein by reference, is in substantial compliance with the applicable laws of
the State of Colorado.
Section 2. No election is required under § 31-12-107(2), C.R.S.
Section 3. No additional terms and conditions are to be imposed within the meaning
of Sections 31-12-107(1)(g), -110(2) or -112, C.R.S.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105,
C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject
property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone,
Colorado 80520, on Wednesday, September 28, 2011 at 6:30 p.m.
Section 5. Any person may appear at such hearing and present evidence relative to
the proposed annexation, or the proposed zoning if requested in the petition.
Section 6. Upon completion of the hearing, the Board of Trustees will 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.
1
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 may pass one or more ordinances annexing the subject
property to the Town of Firestone, and will pass one or more ordinances zoning the subject
property if requested in the petition.
INTRODUCED, READ, and ADOPTED this 24th day of August, 2011.
Chad Auer
Mayor
ATTEST:
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8/18/2011 1.18 PM[mac]S:\Fucslonc exation\Flatiron.SubComp.reso 1 f
2
EXHIBIT A
LEGAL DESCRIPTION
FLATIRON ANNEXATION
LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT, IN THE COUNTY OF WELD, STATE OF
COLORADO, PER FINAL PLAT RECORDED DECEMBER 30,1991 AT RECEPTION NO. 02273563, IN
THE OFFICE OF THE CLERK AND RECORDER OF SAID COUNTY, TOGETHER WITH LOTS 1 AND
2, FLATIRON PLANNED UNIT DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT
RECORDED APRIL 17,1998 AT RECEPTION NO. 2606946, IN SAID OFFICE OF THE CLERK AND
RECORDER, TOGETHER WITH LOT 1, FIRST AMENDMENT, LOT 1, FLATIRON PLANNED UNIT
DEVELOPMENT II, IN SAID COUNTY AND STATE, PER FINAL PLAT RECORDED FEBRUARY 25,
2010 AT RECEPTION NO. 3677984, IN SAID OFFICE OF THE CLERK AND RECORDER, AND
TOGETHER THAT CERTAIN UN-NAMED PUBLIC RIGHT-OF-WAY DEDICATED ON THE FINAL PLAT
OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II, LYING WITHIN THE WEST HALF OF THE
SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH PRINCIPAL
MERIDIAN, IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF OF THE SOUTHWEST
QUARTER OF SECTION 11;
THENCE ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF
SECTION 11, SOUTH 00°20'42"WEST, 34.42 FEET TO THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 931 AT RECEPTION NO.
1852633, IN SAID OFFICE OF THE CLERK AND RECORDER;
THENCE ALONG SAID EASTERLY PROLONGATION, PARALLEL WITH THE NORTHERLY LINE OF
SAID WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, NORTH 89°34'18"WEST, 21.63
FEET TO THE NORTHWEST CORNER OF LOT 1, SAID FLATIRON PLANNED UNIT DEVELOPMENT
AND THE POINT OF BEGINNING;
THENCE ALONG THE EASTERLY LINE OF SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT,
SOUTH 00°03'20"WEST, 2580.48 FEET TO THE MOST SOUTHEASTERLY CORNER OF SAID LOT 1;
THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, SOUTH 00°03'20"
WEST, 20.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT NORTHERLY 30.00 FEET,
MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF SAID WEST HALF OF THE
SOUTHWEST QUARTER, SECTION 11;
THENCE ALONG SAID PARALLEL LINE, NORTH 89°40'08"WEST, 751.61 FEET TO AN ANGLE
POINT IN THE SOUTHERLY BOUNDARY OF LOT 2, SAID FLATIRON PLANNED UNIT
DEVELOPMENT;
THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2 THE FOLLOWING TWO COURSES:
1) NORTH 84°37'14" EAST, 201.00 FEET;
2) SOUTH 89°40'08" EAST, 471.43 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2,
BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A
RADIUS OF 100.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 36°45'06"
WEST;
3
THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID LOT 1, THE
FOLLOWING 11 COURSES:
1) NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°11'34"AND ARC
LENGTH OF 92.84 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 26°39'07" EAST
AND CHORD DISTANCE OF 89.54 FEET;
2) TANGENT TO SAID CURVE, NORTH 00°03'20" EAST, 456.41 FEET;
3) NORTH 89°38'18"WEST, 426.23 FEET;
4) SOUTH 05°41'40"WEST, 159.99 FEET;
5) NORTH 89°40'51"WEST, 198.38 FEET;
6) SOUTH 37°38'18"WEST, 63.69 FEET;
7) SOUTH 64°04'45"WEST, 61.12 FEET;
8) NORTH 88°59'11"WEST, 119.00 FEET;
9) SOUTH 03°28'51"WEST, 35.99 FEET;
10) NORTH 88°59'11"WEST 340.55 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 1,
FLATIRON PLANNED UNIT DEVELOPMENT, BEING A POINT ON THE EASTERLY RIGHT-OF-
WAY OF I-25 FRONTAGE ROAD;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY AND THE WESTERLY BOUNDARY OF SAID
FLATIRON PLANNED UNIT DEVELOPMENT AND THE WESTERLY BOUNDARY OF SAID FLATIRON
PLANNED UNIT DEVELOPMENT II, NORTH 05°45'50" EAST 601.73 FEET TO THE NORTHWEST
CORNER OF SAID FLATIRON PLANNED UNIT DEVELOPMENT II;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID FLATIRON PLANNED UNIT
DEVELOPMENT II, SOUTH 86°42'46" EAST, 660.22 FEET TO A POINT ON THE EASTERLY LINE OF
SAID LOT 1, FLATIRON PLANNED UNIT DEVELOPMENT;
THENCE ALONG SAID EASTERLY LINE, NORTH 05°46'09" EAST, 1747.51 FEET TO AN ANGLE
POINT THEREIN;
THENCE CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°03'54"WEST, 7.01 FEET TO THE
NORTHWESTERLY CORNER OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT
RECEPTION NO. 1852633;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 931 AT
RECEPTION NO. 1852633, SOUTH 89°34'18" EAST, 342.79 FEET TO THE POINT OF BEGINNING.
CONTAINS 1,321,164 SQ. FT. OR 30.330 ACRES, MORE OR LESS
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VICINITY MAP
NTS
TOWN OF FIRESTONE, of Section 30 of MI- WHEREAS,. the Board Seetlon 7. If the
cle II of the Colorado of Trustees has re- oar o Trustees 'COMMENCING AT THE 1 NORTHEASTERLY
COLORADO Constitution and Sec- viewed the, petition concludes, by resolu- NORTHEAST CORNER ALONG SAID CURVE
NOTICE OF PUBLIC HEARING tons 31-12-104 and and desires to adopt lion, that all statutory OF SAID WEST HALF THROUGH A QENTRAL
Notice Is hereby Iv- 31.12-105 of the stet- by Resolution its.find- re qulrements have OF THE SOUTHWEST ANGLE OF Sir°11'34`
en that the Town g of utes of the State of loge in regent to the been met. and that QUARTER OF SEC. AND ARC LENGTH OF
Firestone Planning Colorado and is eligi- petition. lion the proposed poseda ender'. THENCE ALONG THE CURVE ION 11; 92.84 FHAVINGSAID
and Zoning Commis- the for annexation to NOW, THEREFORE, BE fire laws proper of lhe State EAST LINE OF .SAID CHORD BEARING OF
the Town', (2) to de- IT RESOLVED BY THE of Colorado, the
Sion will hold a Public termine the zoning. for BOARD OF TRUSTEES WEST HALF' OF THE NORTH 28 9'07" EAST
Hearing commencing the proposed annexe OF THE TOWN OF �Bonrd of Trustees SOUTHWEST-QUAR- AND CHORD DIS-
at 6:30 p.m., Wednes- top and (3) to con-I FIRESTONE, COLO- may pass one or TER OF.SECTION 11, TANCE OF 89.54
day, .September 21, elder a request for RADO: more hexing the
an- SOUTH 00°2042' FEET;
Town HeI12011 at h 151 GrantFirestone,e Firestone Development Plan roval of an for
Section 1. The pall-I property to e the n Town THE EASTERLY PRO- S, 34.42 FEET TO AID TANGENT CURVE, NORTH
Avenue, Firestone, the property. The Lion, the legal des- of ,Firestone, and will LONGATION OF THE 00°03'20" EAST, 456.41
Colorado 80520. The existingp zoning Is criptlon for which is Pass one or more or- NORTHERLY LINE OF FEET;
purpose of the Public Weld County C-3 boat, attached hereto as dlneneee zoning the THE PARCEL OF LAND 3) NORTH 89°38'18"
Hearing is to consider. news end commercial. Exhibit A and Intorno- subject properly ti re- DESCRIBED IN BOOK WEST,426.23 FEET;
a request for zoning! The zoning requested rated herein by refer- quested m the poll-
NO. AT RECEPTION 4 SOUTH 0541'40"
of property proposed Is Planned Unit Dowel- coca, Is In aubetan- °n• NO. 1852633, IN SAID WEST,159.99 FEET;
to be annexed to the opment with Employ- tied compliance with INTRODUCED, READ, OFFICE OF THE 5) NORTH 89°40'51"
Town and known asCLERK AND RECORD- WEST,198.38 FEET;
meat Center (EC) and the applicable laws of and ADOPTED this ER; 6) SOUTH 37°38'18"
he Flatiron Annexation of Regional Commercial the State of Colorado. 24th day of August,
and to consider a re- THENCE ALONG SAID WEST,83.69 FEET;
quest forft. land uses. Section 2. No elec-
approval EASTERLY PROLON- 7) SOUTH 84.04'45'
an Outline Develop- eany person may sic on s 7(2), ed C.R.S. !s/Chad Auer 'GATI ON, PARALLEL WEST,61.12 FEET;
property.Plan for the pear at the Public 43Li2-107(2),C.R.S. Mayor WITH THE NORTHER- 8) NORTH 88°59'11"
H ear Inge and be Section 3. No addl- ATTEST:
The exist- - 'LY LINE OF SAID WEST,119.00 FEET;
Izoheard rund consid-he on arms and coo- fawndy Hegw•
Ing zoning Is' WeldTown Jut
WEST HALF 'OF THE 9)W SOUTH 03°28'61"
matters under roxl posedMon are to be Im-
County C-3 business oration. The a roil- EXNIBRq SOUTHWEST GUAR• WEST,NORTH FEET;
and. commercial. The PP within the TER OF SECTION 11, 10 88°69'11"
zoning requested Is mete location of the. meaning of Sections LEGALDE6CRIPTION NORTH 89°34'18" ST 340.55 FEET TO
Plann UnR Develop- measly Is north of -12,C.R.S. 8),-110(2)« T I.
FLATIR N WEST, 21.63 FEET TO
property
Sable Avenue (( LOT i, FLATIRONTHE SOUTHWESTER-
Planned
22) Section 4. LY CORNER OF SAID
ment with Employ- and east of the Inter- Section e. The Board PLANNED UNIT DE• THE ' NORTHWEST;FLOF LOT 1, FLATIRON
meet Center (EC) and] state 25 Frontage flea a will hold COUNT VELOPMENT, IN THE SAID OF I R 1,,I PLANNED UNIT DE-
Regional Commercial Road. The legal des- a ,public hearing for COUNTY OF WELD, LANNED FLATIRON'
UNIT R DE- VELOPMENT, BEING A
(RC)land uses. ' eription of the proper- thepurpose STATE OF COLORADO, POINT' ON THE EAST-
Further erg Neen that Gre l her. N that is the wbleci minig if the deter-pro- PER FINAL PLAT RE- pOINTOMF�BEGINNING AND TME ERLY .RIGHT-OF-WAY
Board of Trustees of of the annexation re- posed annexation CORDED DECEMBER THENCE ALONG THE OF I-25 FRONTAGE
the Town of' Firestone quest Is forth compiles with See- 30,1991 AT RECEP• EASTERLY LINE OF. ROAD;
low in Exhibit A of Ilona 31-12-104 and TION NO. 02273563, SAID LOT 1, FUTI-' I THENCE ALONG SAID
will hold e Public Resolution No.11-19. 31-12-105, C,R.S., and IN THE OFFICE OF RON PLANNED UNIT EASTERLY RIGHT-OF-
Hearing commencing Copies of the an- will hold a Public THE CLERK AND RE- DEVELOPMENT,. WAY AND THE WEST-
at 6:30 p.m., Wartime- notation petition, res- hearing to determine CORDER OF SAID SOUTH 00°03'20". ERLY BOUNDARY OF
day, September 28, elution finding that the appropriate zon• COUNTY, TOGETHER WEST, 2580.48 FEET SAID FLATIRON
2011 at the .Firestone the annexation. petl- log of the subject WITH LOTS 1 AND 2, TO THE MOST SOUTH- PLANNED UNIT DE-
Town Hall, 161..Grant tlon Is in substantial roperty, if requested FLATIRON PLANNED EASTERLY CORNER VELOPMENT AND THE
Avenue, Firestone, compliance with the Pn the petition, at the UNIT DEVELOPMENT OF SAID LOT 1; WESTERLY BOUND-
,Colorado 80520.. The applicable laws of the Firestone Town Hall, II, IN SAID COUNTY THENCE ALONG THE ARY OF SAID FLAT'-
,purpose Of the Public' State of Colorado, 161 Grant Avenue, AND STATE, PER Fl- SOUTHERLY PROLON- RON PLANNED UNIT
'Hearing if (1)1 to de- Town of Firestone Firestone, Colorado NAL PUT RECORDED GATION OF SAID DEVELOPMENT II,
I termine opettler car-- Master Plan, and the 80520, on Wednesday, APRIL 17,1898 AT RE- EASTERLY LINE, NORTH 06°45'50" EAST
fain property :for annexation, zoning, C E P T ION NO . SOUTH 00°03'20" 601.73 FEET TO THE
which a petition for Outline Development tar 2011 H
annexation hes Seen. Plan and other drivel- e• It4n. WEST, 20.00 FEET TO NORTHWEST CORNER
/clad with the Town, opment application Seelloh k My person 2606946, IN SAID OF- A UNE THAT IS PAR- OF SAID FLATIRON
,lo be known as the materials are on .ills may appear at ouch FICE OF THE CLERK ALLEL WITH AND DIS,, PLANNED UNIT DE-
at Annexation to and available for pub- hearing and present AND RECORDER, TO- TANT NOR THE PLY' VELOPMENT II;
evidence relative to GETNER WITH LOT 1, 30.00 FEET, MEA- THENCE ALONG THE
the Town of Fir e• tic inspection in the the proposed annexe- RST AMENDMENT, SURED AT RIGHT AN-
Ft NORTHERLY BOUND-
atone, meets the ap• office of the TownP Po
placable requirements. Clerk, 151 Grant Ave. lion, or the proposed LOT 1, FLATIRON GLEE, FROM THE MY OF SAID FUTI-
8nue,052 Firestone, CO zoningthepet if requested In PLANNED UNIT DE- SOUTHERLY LINE OF, RON E PLANNED UNIT
80520, during regular Se petition. SAID COUNTY
II, IN SAID WEST HALF OF DEVELOPMENT It,
Dated bourn.. •' B. Upon corn- SAID COUNTY AND ,THE SOUTHWEST SOUTH 86°42'48'
Dated the 26th day of elation of the hearing, STATE PER FINAL QUARTER, SECTION EAST, 660.22 FEET TO
August,2011.- the Board of Trustees
PLAT RECORDED FEB-I 11; A POINT ON THE
ywill set forth, by RUARY 26, 2010 AT' THENCE ALONG SAID EASTERLY LINE OF
TO N OF. FIRESTONE, fnge RECEPTION NO. PARALLEL LINE, SAID LOT 1, FLATI-
COLORADO lotion, Its findings 3677984, IN SAID OF- NORTH 89°40.06' RON PLANNED UNIT
Judy H and conclusions with FICE OF THE CLERK WEST 751.61 FEET
Hopwood DEVELOPMENT;
Town Clerk reference to the NMI., AND RECORDER, AND, TO AN ANGLE POINT THENCE ALONG SAID
batty of the proposed: (EASTERLY LINE,
RESOLUTION annezatlon, and TOGETHER THAT GER-
. IN THE SOUTHERLY NORTH 05'46'09`
RESOLUTION
19 whether the statutory TAIN UN-NAMED PUB- BOUNDARY OF LOT 2,
EAST, 1747.51 FEET
A RESOLUTION FIND- propoementa for he LIC RIGHT-OF•TnE SAID FLATIRON 70 AN ANGLE POINT
ING SUBSTANTIAL Proposed annexation DEDICATED ON THE PLANNED UNIT DE- THEREIN;
;COMPLIANCE FOR AN Kaye been met, and FINAL PLAT OF SAID 'VELOPMENT; THENCE GONTINU-
ANNEXATION PETI-- FLATIRON PLANNED THENCE ALONG THE
further, will de- SOUTHERLY BOUND- ING ALONG SAID
TION FILED WITH THE termine the app ro ri- UNIT DEVELOPMENT EASTERLY LINE,
TOWN OF FIRESTONE, lets ro of he sub II, LYING WITHIN THE. ARY OF SAID LOT 2 NORTH 00'03'54"
COLORADO, KNOWNWEST HALF OF THE jTHE FOLLOWING TWO
AS THE FLATIRON AN, lest property it re- SOUTHWEST QUAR- COURSES: WEST, 7.01 FEET TO
N EXATION- TO THE quested In the pet'• TER OF SECTION 11, 1) NORTH 84°37'14" THE NORTHWESTER-
TOWN OF FIRESTONE, von. TOWNSHIP 2 NORTH, EAST,201.00 FEET; LV CORNER OF SAID
AND SETTING A PUB- RANGE 68 WEST, 8TH 2) SOUTH 89°40'08' PARCEL OF LAND DE-
AND
LIC HEARING PRINCIPAL MERIDIAN, EAST, 471.43 FEET T0. SCRIBED IN BOOK
THEREON. IN THE COUNTY OF! THE SOUTHEASTERLY NO.185931 AT RECEPTION
WHEREAS, a petition' ,WELD, STATE OF COL- CORNER OF SAID LOT' THENCE 2638;
for annexation of car- ORADO, •MORE PAR- ALONG THE
tam property to be T I C U LA R L Y DE- 2, BEING THE BEGIN-
known as the Flatiron SCRIBED AS FOL- NING OF A NON-TAN- SAID PARCEL OF
Annexation has been 'LOWS: GENT CURVE LAND DESCRIBED IN
filed with the Town CONCAVE NORTH• BOOK 831 AT RECEP-
Clerk of the Town of WESTERLY HAVING A TION NO. 1862833,
Firestone, Colorado, RADIUS OF 100.00 SOUTH 88.34'18'
and referred to the FEET, THE RADIUS EAST, 342.79 FEET TO
Board of Trustees of POINT OF SAID THE POINT OF BEGIN-
the Town for' a deter- CURVE BEARS NORTH NING•
mination of substan- 38°46'OB'VyEST CONTAINS 1,321,184
t'al compliance with THENCE ALONG THE 9Q• FT. OR 30.330
applicable law;and WESTERLY AND ACRES, MORE OR
WHEREAS, the Board SOUTHERLY BOUND- LESS
of .Trustees wishes to ARY OF SAID LOT 1, Published: Times-Call
permit simultaneous THE FOLLOWING 11 Longmont,Colorado
August 28, September
consideration of the COURSES:
subject property for 4,11 end 18,2011
annexation and zon-
ing, If requested In
the petition;and
FIRESTONE
A COMMUNITY IN MOTION
Annexation Impact Report
Flatiron
Town of Firestone
Weld County
Colorado
September 2, 2011
Ce, . `0, Pi, CCm°aii �
Flatiron
Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Flatiron Annexation is shown on the
Annexation Map (Attachment A). The area to be annexed includes
approximately 30 acres and is generally bounded on the north and east by
the Firestone municipal boundary.
In conjunction with the proposed annexation, the zoning for the subject
property is anticipated to change from Weld County C-3 business and
commercial to Town of Firestone Planned Unit Development zoning with
Employment Center (EC) and Regional Commercial (RC) land use
categories. The proposed Outline Development Plan is shown as
Attachment B. Current uses of the property include existing office and
industrial buildings and associated uses. The Town Board will review the
annexation and zoning proposals in relation to the Town's current land use
and development policies. The land uses proposed are generally
consistent with the Firestone Master Plan. A development referral relative
to the proposed land use for the property has been sent to the Weld
County Planning Department for comments. The Town's current
boundaries are shown in Attachment C.
II. Municipal Services
Municipal services for Flatiron Annexation are anticipated to be provided in
the following manner at the time of development of the property:
Electricity United Power
Natural Gas Source Gas
Telephone Qwest
Water Town of Firestone
Sewer St. Vrain Sanitation District
Fire Frederick Firestone Fire Protection District
Police Firestone Police Department
Financing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
Flatiron
Impact Report 1
will be financed through impact fees, taxes, charges and/or special
improvement districts, if necessary.
The owner/developer will primarily be responsible for the costs of water
and service facilities serving the property. The Outline Development Plan
generally shows approximate existing or planned locations of ditches,
transportation facilities, water and sewer facilities and other known utilities.
Access to the property is required to comply with the Town's Access Code.
III. Special Districts
The area proposed to be annexed is within or will petition for inclusion into
the following special districts as may be directed by the Town:
• Weld Library District
• Weld County RE-1 School District
• Northern Colorado Water Conservancy District
• Frederick Firestone Fire Protection District
• St. Vrain Sanitation District
• Carbon Valley Recreation District
IV. School District Impact
A referral regarding this annexation and the currently proposed land uses
will be sent to the School District for referral. The response, from the
School District should be forthcoming. The density of the proposed
annexation is still being considered by the Town. The current and
proposed land uses associated with the property are 100% non-residential,
therefore it is not anticipated that any students will be generated from the
proposed development.
V. Annexation Agreement
Although all the details of an annexation agreement between the Town and
the applicant have not been negotiated, the Town of Firestone's form
annexation agreement is attached as Exhibit D.
Flatiron
Impact Report 2
VI. Attachments
A. Annexation Map
Annexation map
B. Outline Development Plan
Proposed land use map for the annexation
C. Current Town Boundary
Current Town boundary map
D. Annexation Agreement
Firestone's form Annexation Agreement
Flatiron
Impact Report 3
ATTACHMENT
A
ATTACHMENT
B
ATTACHMENT
C
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ATTACHMENT
D
ANNEXATION AGREEMENT
(Standard Form May 6,2002)
THIS AGREEMENT is made and entered into this day of
by and between , hereinafter referred to as
or "Owner," and the TOWN OF FIRESTONE, a municipal corporation
of the State of Colorado,hereinafter referred to as "Firestone" or"Town".
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone the property more particularly
described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof
(such property is hereinafter referred to as "the property");and
WHEREAS,Owner has executed a petition to annex the property,a copy of which petition
is on file with the Town Clerk;and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement and -
WHEREAS,Owner acknowledges that upon annexation,the property will be subject to all
ordinances, resolutions, and other regulations of the Town of Firestone, as they may be amended
from time to time;and
WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain
property, including but not limited to property for ways and easements to Firestone as contemplated
in this Agreement, are directly related to and generated by development intended to occur within
the property and that no taking thereby will occur requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
T. Tnrnrpnratinn of Rentals. The parties confirm and incorporate the foregoing recitals
into this Agreement
2. Pmpnce. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the property to the Town. Except as expressly provided for herein to the contrary,
all terms and conditions herein are in addition to all requirements concerning annexation contained
in the Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the
1 EXHIBIT N
Municipal Annexation Act of 1965,as amended,C.R.S. Section 31-12-101 et seq.
3. Further-Arts. Owner agrees to execute, promptly upon request of Firestone, any
and all surveys and other documents necessary to effect the annexation of the property and the other
provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the
property or any petition for an annexation election relating to the property, except upon request of
Firestone.
4. Annexation Detriments Owner agrees to provide legal documents, surveys,
engineering work, newspaper publication, maps, and reports determined by Firestone to be
necessary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation
impact report.
5. Action on Annexation Petition. Firestone shall act upon the annexation
petition within six months of the date of filing thereof with the Town Clerk,unless Owner consents
to later action.
6. Inning anti Development The parties recognize that it is the intent and desire of
Owner to develop the property in a manner generally consistent with the zoning requested and that
the granting of such zoning by the Town of Firestone is a condition to annexation of the property.
Owner shall take all action necessary to permit zoning by Firestone of the annexed property within
the time prescribed by state statutes.
7. PPdirations. Owner agrees to dedicate by General Warranty Deed or appropriate
instrument of conveyance acceptable to the Town, ten percent of the territory to be annexed for
public open space or pay an equivalent fee in lieu of dedication,in addition to easements an d rights-
of-way of-way for streets and other public ways and for other public purposes, required by
ordinances and resolutions. Such dedications shall occur immediately upon request of the Town
except that internal rights-of-way shall be dedicated at the time of subdivision platting, unless the
Town specifies another time.
8. Public Improvements. Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other public ways within or adjacent to the
property in accordance with Town ordinances and resolutions and other applicable standards,
subject to any reimbursement which may be provided for in such ordinances, resolutions, and
standards, and to make such other improvements as required by Town ordinances and resolutions,
to guarantee construction of all required improvements, and, if requested by Firestone, to dedicate
to Firestone any or all other required improvements. If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other matters prior to any
development of the property.
2 EXHIBIT N
9, Jmpmvement Districts. If requested by Firestone, Owner agrees to include
the property in one or more special improvement districts or other mechanisms established by
Firestone for making improvements to streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as
Owner's attorney-in-fact for the purpose of executing all documents determined by Firestone to be
necessary for such inclusion. If requested by Owner,Firestone agrees to consider the establishment
of one or more special improvement districts for making such improvements.
10. Conformity with i.aws. Owner agrees that the design, improvement,
construction, development, and use of the property shall be in conformance with, and that Owner
shall comply with; all Town ordinances and resolutions including, without limitation, ordinances
and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to
Town Streets and flood control.
11. No Repeal ofiaws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's
legislative,governmental,or police powers to promote and protect the health, safety,and welfare of
the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the
Town of any tax or fee.
12. Disconnection No right or remedy of disconnection of the property from the Town
shall accrue from this Agreement,other than that provided by applicable state laws. In the event the
property or any portion thereof is disconnected at Owner's request, Firestone shall have no
obligation to serve the disconnected property or portion thereof and this Agreement shall be void
and of no further force and effect as to such property or portion thereof.
13. Severability The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado,the validity of the remaining parts,terms, portions,or provisions shall not be
affected, and the rights and obligations of the patties shall be construed and enforced as if the
Agreement did not contain the particular part,term,portion,or provision held to be invalid.
14. Municipal Services. Firestone agrees to make available to the property all of the
usual municipal services in accordance with the ordinances and policies of the Town which services
include, but are not limited to, police protection and water services. Water service to the property
shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules,
regulations, agreements and policies governing such use, as in effect from time to time. Owner
acknowledges that Town services do not include, as of the date of the execution of this Agreement,
fire protection, emergency medical services or sanitary sewer services,but the property is presently _
included within the boundaries of and is entitled to receive such services from the
Fire Protection District and the Sanitation District.
15. Water Rights. Owner shall dedicate water rights as set forth in this section.
3 EXHIBIT N
s
A. R ecidential l Ices. Owner, as a prerequisite to annexation, agrees to furnish and
transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.A
of the Firestone Municipal Code with respect to any residential development on the property. All
such water transferred to the Town shall be Northern Colorado Water Conservancy
District/Colorado Big-Thompson water shares or such other shares as the Town in its sole.
discretion may accept Title to the required water rights, free and clear of all liens and
encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any
residential area. No subdivision plat shall receive final approval until the Town becomes the titled
owner of all water required for the platted area.
B. f`nmmrrrial and indncfrial i hrs. Owner, as a prerequisite to annexation,agrees
to furnish and transfer ownership to the Town of the minimum water rights as required under
Section 1.08.050.B of the Firestone Municipal Code with respect to any portion of the property
zoned commercial or industrial. This requirement shall be met.at the time of annexation. If no
portion of the property is zoned at the time of annexation for commercial or industrial use, the
requirements of this subsection B shall be met at the time of rezoning of any portion of the property
for commercial or industrial use.
C. Appurtenant Water Rightc/2ight of Firct Refiical. Owner represents that there are
appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and
set forth on Exhibit "B", which is attached hereto, incorporated herein, and made a part hereof
(hereinafter referred to as "the Water Rights"). Owner further represents that the Water Rights
constitute all of the water rights appurtenant to the Property, that the Water Rights are and will be
used in connection with current uses of the Property until the Property is developed.
If the Owner at any time determines to sell or transfer all or any portion of the Water Rights for any
use other than a use upon the Property,then the Owner shall provide the Town with written notice
of Owner's intent to make such a sale or transfer. The notice shall include a description of the
Water Rights proposed for sale or transfer,the proposed sale or transfer price, and all other material -
terms and conditions of the proposed sale or transfer. For a period of sixty(60)days after receipt of
such notice, the Town shall have the first right to purchase the Water Rights intended for sale or
transfer.
The Town may purchase the Water Rights intended for sale or transfer upon terms and conditions
that are mutually acceptable to Owner and the Town,but which are in no event less favorable than -
the terms and conditions of Owner's intended sale or transfer to any third party who is a bona fide
purchaser for value. In the event the purchase price cannot be determined by reference to an offer
by a bona fide purchaser, the purchase price to be paid by the Town shall be established by a
qualified water rights appraiser selected by agreement of the Town and Owner within ten(10) days
after Town receipt of Owner's notice of intent to sell or transfer the Water Rights. In the event the
Town and Owner are unable to agree upon an appraiser, then each party shall within fifteen (15)
days of Town receipt of such notice select its own appraiser, and the two of them shall appoint a
4 EXHIBIT N
single appraiser within twenty (20) days of Town receipt of such notice. In the event Owner and
the Town have not entered into an agreement within sixty (60) days of the Town's receipt of
Owner's notice of intent to sell or transfer the Water Rights, then the Town's first right to purchase
the Water Rights shall terminate. The Owner may thereafter proceed to sell or transfer the Water
Rights on terms and conditions no more favorable than the terms and conditions last offered to the
Town.
The Owner and Firestone agree that the above provisions shall apply in lieu of the requirement in
Firestone Municipal Code Section 1.08.050.C,requiring the Owner offer to sell appurtenant water
rights at the time of annexation. The right of first refusal under this Paragraph shall terminate upon
the consummation of the sale to a third party of all or that portion of the Water Rights conveyed of
the above-described Water Rights,but only as to the portion and interest so sold,and only after full
compliance with the terms of this right of first refusal, and provided the sale is on the same terms
and conditions and for the price set forth in the notice sent to the Town;however, if such sale is not
consummated, this right of first refusal shall remain in effect In any event, all rights under this
Paragraph shall terminate ninety years from the date of this Agreement
16. Special Pmvisinns. [Leave blank for special provisions.]
17. Owners Ascnriatinn. If required by state law, Owner shall organise an appropriate
unit owners association or associations for given parcels and/or unit types within the development
of the Property. Owner shall form any such association(s) pursuant to the Colorado Common
Interest Ownership Act("Act"). C.R.S. Section 38-33.3-101 et seq. The Owner shall also execute
and record covenants and instruments of conveyance which comply with the Act and which
adequately provide for continuous ownership, operation, maintenance, repair and replacement of
common elements of the development, including but not limited to any private roads, private
common areas and private facilities. At least ten (10) days prior to recording any covenants or
instruments of conveyance to the association(s), Owner shall provide such documents to the Town
Attorney for review and comment.
18. Special Dictrict Tnrhrcinn Within ten (10) days after written request by the Town,
Owner shall apply for inclusion of the property within the Northern Colorado Water Conservancy
District, the Sanitation District, the Carbon Valley Recreation District (if the
property is not yet within one or more of these district),and any other special districts as determined
•
by the Town. -
19. Firtnre C,nnperatinn The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
20. Amendment. This Agreement may be amended by the Town and any Owner
without the consent of any other Owner as long as such amendment affects only that Owner's
portion of the property. Such amendments shall be in writing, shall be recorded with the County
5 EXHIBIT N
Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding
upon all persons or entities having an interest in the property subject to the amendment unless
otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall
not be amended unless approved in writing by all parties hereto.
21. Entire Agreement. This Agreement embodies the entire agreement of the
parties. There are no promises,terms, conditions, or obligations other than those contained herein;
and this Agreement supersedes all previous communications, representations, or agreements, either
verbal or written,between the parties.
22. Tndemnificatinn Owner agrees to indemnify and hold harmless the Town and
the Town's officers, employees, agents, and contractors, from and against all liability, claims, and
demands, including attorneys' fees and court costs, which arise out of or are in any manner
connected with the annexation of the property, or with any other annexation or other action
determined necessary or desirable by the Town in order to effectuate the annexation of the property,
or which are in any manner connected with Firestone's enforcement of this Agreement. Owner
further agrees to investigate,handle,respond to,and to provide defense for and defend against or at
the Town's option to pay the attorneys' fees for defense counsel of the Town's choice for, any such
liability,claims,or demands.
23. ()wnrr As used in this Agreement,the term "Owner" shall include any of the heirs,
transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this
Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties
thereto.
24. Amendmentc tn T aw As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution, or policy is
intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or
policy,and the parties agree that such amendments or revisions shall be binding upon Owner.
25. Binding Effect This Agreement shall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants
running with the land. This Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be
enforced in any court of competent jurisdiction.
26. Failure tn Annex This Agreement shall be null and void if the Town fails to
approve the annexation of the property.
27. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. MI notices by hand
delivery shall be effective upon receipt All facsimile transmissions shall be effective upon
6 EXHIBIT N
transmission receipt All notices by mail shall be considered effective 72 hours after deposit in the
United States mail with the proper address as set forth below. Either patty by notice so given may
change the address to which future notices shall be sent.
Notice to Town: Town of Firestone
P.O. Box 100
Firestone,CO 80520
With copy to: Griffiths,Tanoue,Light,
Harrington&Dawes,P.C.
1860 Blake Street,#550
Denver,CO 80202
Notice to Owner:
With copy to:
28. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner
represents and submits that, to the extent an election would be required pursuant to C.R.S.,31-12-
112, as amended,to approve the annexation or to impose terms and conditions upon the Property to
be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and
would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any
election would necessarily result in a majority of the electors' approval to the annexation and the
terms and conditions.
29. 1•egclative Diccretinn.The Owner acknowledges that the annexation and zoning of -
the property are subject to the legislative discretion of the Board of Trustees of the Town of
Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the
event that, in the exercise of its legislative discretion, any action with respect to the property herein
contemplated is not taken,then the sole and exclusive right of Owner with respect to such exercise
of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection
from the Town in accordance with state law,as may be appropriate.
30. Nn Third-Party Rights. This Agreement is made solely for the benefit of the parties
hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not _
named as parties hereto.
31. Governing Taw The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
7 EXHIBIT N
for enforcement of any obligation contained herein,it is agreed that the venue of such suit or action
shall be in Weld County,Colorado.
32. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
33. No Warranties by Town. The Town is entering into this Agreement in good faith
and with the present intention, on the part of the present Town Board,that this Agreement will be
complied with. However, because some of the provisions of this Agreement may involve areas of
legal uncertainty, the Town makes no representation as to the validity or enforceability of this
Agreement against the Town, and by entering into this Agreement the Owner acknowledges and
accepts that no such warranty is made on the part of the Town.
OWNER
By:
TOWN OF FIRESTONE
By:
Rick Patterson,Mayor
ATTEST:
Town Clerk
8 EXHIBIT N
ACKNOWLEDGEMENT(Owner)
STATE OF COLORADO ) .
)ss
COUNTY OF )
The above and foregoing signature of
was subscribed and sworn to before me this day of
Witness my hand and official seal.
My commission expires on:
(SEAL)
050602/853[sj I}F:\Users\Sam\WPDocs\Fireston\Forms\Annex.agm
9 EXHIBIT N
EXILED- IT A
LEGAL DESCRIPTION OF PROPERTY
10 EXHIBIT N
EXHIBIT B
DESCRIPTION OF APPURTENANT WATER RIGHTS
11 EXHIBIT N
LARGE MAPS AVAILABLE
FOR VIEWING
AT
THE CLERK TO THE
BOARD 'S OFFICE ,
IN THE
PUBLIC REVIEW FILE .
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