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ANNEXATION AGREEMENT
NELSON FARM BALLFIELDS
THIS AGREEMENT is made and entered into this2day of J ice' L
2005, by and between Thompson Rivers Park and Recreation District;hereinafter referred to
as "Owner," and the T own of Johnstown, a municipal c orporation oft he State o f Colorado,
hereinafter referred to as "Johnstown" or"Town."
WITNESSETH:
WHEREAS, Owner desires to annex to Johnstown the property more particularly
described on Exhibit A, which is attached hereto, incorporated herein, and made a part hereof
(such property is hereafter referred to as "the Property"); and
/f� \) WHEREAS, Owner has executed a petition to annex the Property, dated
L (_Y , 20 0 41-7a copy of which petition is on file with the Town Clerk; and
WHEREAS, Owner has prepared a Concept Design Report dated September, 2004,
identifying and illustrating requested zoning, proposed land use and intended development of the
property; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
agreement regarding annexation of the Property to the Town and other matters as set forth
herein; and
WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to
all ordinances, resolutions, and other regulations of the Town of Johnstown, 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 rights-of-ways and easements to
Johnstown as contemplated in this Agreement, are directly related to and generated by
development intended to occur within the Property.
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:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing
recitals into this Agreement.
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2. Purpose. 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 Johnstown Municipal Code, Development Regulations and
Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S., Section
31-12-101, et seq.
3. Owner. 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. In the event of a transfer of all or any portion of this Property, the
transferring Owner shall be relieved of any and all obligations under this Agreement which arise
after the date of such transfer with respect to the transferred Property provided that written notice
is given, as provided in paragraph 32 herein, to the Town with a copy to the Town Attorney.
4. Further Acts. Owner agrees to execute promptly upon request of Johnstown 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 annexation election relating to the Property, except upon
request of Johnstown.
5. Annexation Documents. Owner agrees to provide legal documents, surveys,
engineering work, newspaper publications, maps, and reports determined by Johnstown to be
necessary to accomplish the annexation.
6. Zoning and Land Use. The parties recognize that it is the intent and desire of
Owner to develop the Property in a manner generally consistent with the zoning and land uses
presented in the Concept Design Report prepared by CSU/DOLA dated September, 2004, and it
is anticipated that zoning of the property shall be designated recreation and open space, 0-
District, and that the granting of such zoning by the Town of Johnstown is a material
consideration of the Owner's agreement to annex the Property to the Town. Owner shall take all
action necessary to permit zoning by Johnstown of the annexed Property within the time
prescribed by state statute. The Developer commits to the design guidelines/use list and general
layout of the Property as an inducement for favorable consideration of Developer's request for
zoning.
7. Non-Conforming Use. Town agrees to allow the existing non-conforming
agricultural use to continue until such time as the Property is rezoned but not at a greater level
than at its current level of activity and use.
8. Water and Sewer Demand Study. In compliance with the Town's ordinance,
Owner has submitted to the Town a preliminary Water and Sewer Demand Analysis. However,
both parties recognize t hat this preliminary estimate may need to be revised by Owner or his
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successors and the parties agree to cooperate with each other with respect to any future revisions.
Prior to the time of any plat submittal, Owner shall submit an updated Water and Sewer Demand
Analysis for the development, to be included with any proposed plats for development. T he
parties will enter into a separate Water and Sewer Service Agreement no later than the time of
final plat approval.
9. Water Rights Dedication. Owner shall offer to the Town for dedication all water
rights and lateral ditch company rights appurtenant to the Property. Further, Owner shall
dedicate to the Town all appurtenant water rights no later than the date of approval of the final
plat of the first phase of the project. The undersigned specifically agree that they have not sold
or transferred any water rights appurtenant to their property within the past year nor will they do
so during the pendency of this annexation petition and once annexed to the Town of Johnstown,
they will not sell or transfer any water rights appurtenant to the subject property without the prior
written approval of the Johnstown Board of Trustees.
10. Municipal Services. Johnstown agrees to make available to the Property all of
the usual municipal services provided by the Town, in accordance with the ordinances and
policies of the Town. The services provided by the Town include, but are not limited to, police
protection, water and waste water services. Owner acknowledges that Town services do not
include, as of the date of the execution of this Agreement, fire protection, emergency medical,
recreation, or trash removal services. Subject to the provisions of Paragraphs 8 and 9 above and
Owner's performance of all the requirements of the Town's ordinances and policies, the Town
shall provide water and sewer services to the land through water and sewer mains, and both
parties agree to cooperate to the extent necessary to allow such services with the intent that the
cost of delivery of such services shall be borne by the development.
11. Public Improvements. Required public improvements shall be designed and
constructed to Town standards by Owner and at Owner's expense. Owner further agrees to
provide financial guarantees for construction of all required improvements as set forth in each
phase or filing of the development and to dedicate to the Town any or all of the improvements as
required by Town ordinances. The public improvements and financial guarantees shall be set
forth in the Development Agreement for each filing between the Town and Owner.
12. Streets and Arterial Roads. On-site and required off-site streets shall be designed
and constructed to Town standards by Owner at Owner's expense. Owner shall be entitled to
reimbursement for o versizing o f streets i n accordance with the ordinances and policies of the
Town.
13. Land Dedication. The dedication of parks and open space, flood plains, public
easements for utilities, rights-of-way for streets and other public ways and dedications for other
public purposes shall be by General Warranty Deed or appropriate instrument of conveyance
acceptable to the Town. Such dedications shall occur as defined herein or at such time as the
Town or School District is ready to begin improvements, except that all perimeter street rights-
of-way shall be dedicated at the time of subdivision platting, unless the Town specifies another
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time. The Town and Owner agree that such dedications are directly related to and generated by
the development intended to occur within the Property and that no taking thereby will occur
requiring any compensation.
14. Water and Waste Water Utilities. On-site and required off-site water and waste
water mains and appurtenances shall b e constructed to Town standards by Owner at Owner's
expense. Town and Owner hereby agree to cooperate in good faith with respect to 1)
determining reasonable oversizing requirements; 2) locating and securing approvals for
installation of utility mains and appurtenances within public rights-of-way; and 3) facilitating
installation of off-site infrastructure, as and when Owner and Town determine that such
installation is necessary in connection with orderly development of the Property.
15. Drainage.
(a) A drainage study of the entire annexation territory will be provided by the
Owner. Improvements recommended by such study shall be completed as required for
each phase or filing of development.
(b) Historical irrigation and drainage patterns shall be maintained on the
property to the extent feasible including no change in the quality, quantity, or point of
discharge, except to the extent approved by the Town.
16. Reimbursements. To the extent water, sewer, storm drainage facilities or other
utilities are oversized or extended onto the property by Owner or to the extent streets or street
lighting or other public improvements are built or relocated off-site of the Property by Owner, by
any District or by the T own, for benefit a ccruing t o other parties, said improvements may be
eligible for reimbursement. Town agrees to use its best efforts to maximize the opportunity for,
and amounts of reimbursement payable to Owner, in connection with the development of any
other property connecting to or otherwise making use of any such improvements. The Town
agrees to coordinate the execution and delivery of necessary reimbursement agreements among
the Town, the Owner, and the Owner/Developer of any other such property in order to obtain
such reimbursement for Owner.
17. Limitation on Fee Impositions by the Town. The Town agrees that the Property
shall be subject to typical development fees similar to those that are imposed on other
comparable developments in the Town pursuant to the Town's regulations and ordinances.
Owner acknowledges that the Town has adopted "Impact Fees" that will apply to this
development.
18. Improvement Districts. If requested by Johnstown, Owner agrees to consider
including the Property in one or more special improvements districts and other mechanisms
established by Johnstown for making improvements to streets and other public ways, or for
making public improvements authorized by law.
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costs and attorney's fees incurred by the Town in defense of such claims whether or not such
defense is successful; provided, however, that nothing herein shall be interpreted as permitting
the Owner to act or participate in any manner whatsoever in the defense of such claims,
including, but not limited to, selection of legal counsel or settlement of claims. Owner
acknowledges and understands that the Town may, at its sole discretion, voluntarily elect not to
defend against such an action and may consent to and permit the entry by the court of an order
voiding the annexation or reach another means of settlement of claims. In such an event, Owner
shall also reimburse to the Town any costs or attorney's fees assessed against the Town by the
court, if any.
30. General Provisions. Town shall
(a) Cause its staff to timely and promptly approve or disapprove written submittal by
Owner of any plans, specifications, drawings, details or other pertinent date required in
connection with any water line, sanitary sewer line, storm drainage, or other utility serving the
Property or any improvements within any dedication right-of-way on the Property. Any
disapproval shall set forth the items disapproved together with the reasons for such disapproval.
(b) Use its best efforts in securing, at Owner's expense, construction and maintenance
agreements from governmental or private entities other than the Town which is necessary to
allow Owner to fulfill its obligations under this Agreement and to develop the Property in a
timely manner.
(c) Cooperate with Owner with any filing, applications, approvals, or other
administrative procedures with governmental entities other than the Town which is necessary to
allow Owner to fulfill its obligations under this Agreement and to develop the Property in a
timely manner.
(d) Not unreasonably withhold its consent or approval when any consent or approval
is required.
Owner shall notify the Town of assignments and the name, address and telephone number
of the assignee and give Notice as provided in paragraph 32 herein. Upon the sale or other
transfer of any portion of the Property, the transferor of such portion shall be released from all
liability and obligation under this Agreement relating to such portion and all such liabilities and
obligations s hall b e assumed by the transferee(unless transferee i s a member of the home or
commercial end user buying public or governmental entity).
Nothing contained in the Agreement shall constitute or be interpreted as a repeal of
existing codes, ordinances or as a waiver of the Town's legislative, governmental, or police
powers to promote and protect the health, safety, and general welfare of the Town or its
inhabitants; nor shall this Agreement prohibit the enactment by the Town of any fee which is of
uniform or general application.
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31. Special Provisions.
(a) Access, Traffic, and Parking: In accordance with the Johnstown Transportation
Plan, Telep Avenue (WCR 15) and WCR 50 — planned arterial streets -- will provide access to
the property. Driveway access is proposed from Telep Avenue in a Town-approved location.
West Park Avenue extends to the southeast corner of the site and could be used for emergency
and pedestrian/bicycle access. All improvements will be constructed to Town standards.
(b) Water, Sanitary Sewer, and Storm Drainage: Water and sanitary services will
he extended by Owner/Developer from existing mains in adjoining developments. The
Owner/Developer will provide a non-potable system for irrigation. Storm runoff will flow into
the existing Sunrise Ridge detention pond with appropriate system to be constructed by
Owner/Developer.
(c) Mineral Interests: The owner does not own the mineral interests. Under state
law, the Owner/Developer must formally notify any and all severed mineral interest owners of
pending public hearings.
32. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by facsimile transmission or registered or c ertified m ail, r eturn r eceipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notice by hand-
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
transmission/receipt, provided a hard copy is mailed the same date. All notices by mail shall be
considered effective seventy-two (72) hours after deposit in the United States mail with the
proper address as set forth below. Either party, by notice to given, may change the address to
which future notices shall be sent.
Notice to Town: Town of Johnstown
ATTN: Roy Lauricello, Town Administrator
101 Charlotte Street
P. O. Box 609
Johnstown, CO 80534
Facsimile Number: 970-587-0141
With copy to: R. Russell Anson
Town Attorney
P. O. Box 336155
Greeley, CO 80633
Facsimile Number: 970-356-3835
Notice of Owner: Thompson Rivers Park and Recreation District
PO Box 746
Johnstown, CO 80534
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33. Election. Owner agrees that it is voluntary entering into this Agreement. Owner
represents and submits that, to the extent an election would be required pursuant to C.R.S.,
Section 31-12-112, as amended, to approve the annexation or to impose terms and conditions
upon the Property to be annexed, Owner owns one hundred percent (100%) 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.
34. Cost Reimbursement to Town: Developer shall reimburse Town for outside
professional consultants such as engineers, testing companies, and attorneys necessitated by
processing and completion of this development.
35. No Third Party Rights. This Agreement is made solely for the benefit o fthe
parties hereto and is not intended to nor shall it be deemed to confer rights to any persons or
entities not names as parties hereto.
36. Governing Law. 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 for enforcement of any obligation contained herein, it is agreed that the venue of such suit
or action shall he in Weld County, Colorado.
37. Headings. T he paragraph headings i n t his Agreement s hall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
38. No Repeal of Laws. 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.
39. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinances, resolution, regulations,
or policy is intended to refer to any subsequent amendments or revisions to such ordinance,
resolution, regulations, or policy, and the parties agree such amendments or revision shall be
binding upon Owner.
40. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
all the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running
with the land. This Agreement shall be recorded with the County Clerk and Recorder 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.
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41. 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, except as that provided in the Cost Agreement and Funds
Deposit Agreement filed with the Town Clerk.
42. Amendment. This Agreement may be amended only by mutual agreement of the
Town and Owner. Such amendments shall be in writing, shall be recorded with the County
Clerk and Recorder 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 and/or Water
Rights subject to the amendment unless otherwise specified in the amendment.
43. 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 or any federal law, the validity of the remaining parts, terms, portions, or
provisions shall not be affected, and the rights and obligations of the parties shall be construed
and enforced as i f the Agreement did not contain the particular part, term, portion, or provision
held to be invalid.
TOWN OF JOHNSTOWN, COLORADO,
A MUNICIPAL CORPORATION
,.4k`n� r By:
( AT. ESTL
B X-:F oVf VOc
Own Clerk
LANDOWNER:
THOMPSON RIVERS PARK AND
RECREATION DISTRICT
//
-Laurie Stolley, President
ATT(T:
By:
J h Bruce, Secretary
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Exhibit A
Nelson Farm Ballfields Annexation
The Legal Description of the property is as follows:
Part of Lot B, Second Amended Recorded Exemption 1059-52 RE 169, recorded at
Reception Number 2562673 of the Weld County Records, situate in the Northwest
Quarter of Section 5, Township 4 North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado, more particularly described as follows:
Considering the Westerly line of the Northwest Quarter of said Section as bearing N
00°39"12' W and with all bearings contained herein relative thereto:
Beginning at the west quarter corner of said Section: Thence 00°39"12'W, 782.47 feet
along the westerly line of said Northwest quarter to the Southwest quarter of Lot A of
said recorded exemption; Thence along the boundary of said Lot A the following four
courses and distances: 1) 89°20"49'E, 135.00 feet; 2) N40°36"53' E, 172.38 feet; 3)
N66°07"11'E, 67.02 feet; 4) N00"39"12'W, 2 50.06 feet; ThenceN86°03"27'E, 986.29
feet to a point on the westerly line of the Johnstown Northside Detention Pond Addition,
recorded at Reception No. 25022375; Thence along said line the following ten courses
and distances: 1) S14"40"38'W, 201.43 feet; 2) S24°33"59'W, 188.37 feet; 3)
S03"05"03'E 99.47 feet; 4) S 15°09"55'W, 62.71 feet; 5) 536°25"31'W, 115.34 feet; 6)
S29"13"36'W, 11.96 feet; 7) S16"09"37'W, 259.58 feet; 8) S39°05"00'W, 145.64 feet; 9)
S39°02"22'E, 116.96 feet; 10) S25°35"26'E, 119.92 feet to a point on the Northerly line
of Redstone Hills Addition; Thence N88°48"05'W, 957.21 feet along the Northerly Line
of the Redstone Hills Addition and Recorded Exemption 1059-05-3 RE 934 to the Point
of Beginning, containing 27.29 Acres.
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