HomeMy WebLinkAbout20102619.tiff October 21, 2010
Sent Via Registered Mail
i rI:
TOWN OF ERIE
8 74
Weld County Commissioners
Douglas Rademacher, Chair
915 Tenth Street
PO Box 758
Greeley, CO 80632
RE: Annexation Petition
Dear Mr. Rademacher:
The Town of Erie has scheduled a public hearing to consider a petition for the "Sheridan/I-Iighway 7
Commercial Center Annexation" for November 23, 2010, at 6:30 p.m. or as soon as possible thereafter.
The Public Hearing will be held in the Board Room of the Erie Town Hall, 645 Holbrook, Erie, CO
80516.
Per C.R.S. 31-12-108 (2) "A copy of the published notice, together with a copy of the resolution and
petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners
and to the county attorney of the county wherein the territory is located and to any special district or
school district having territory within the area to be annexed at least twenty-five days prior to the date
fixed for such hearing."
Please find enclosed the following documents:
I) Resolution No. 10-129: A Resolution Finding Substantial Compliance Of The Annexation
Petition Regarding The Annexation And Zoning Of Certain Properties In Weld County,
Colorado To The Town Of Erie, Said Annexation To Be known As The Sheridan/Highway 7
Commercial Center Annexation; Setting A Public Hearing On Said Annexation And Zoning.
2) Petition submitted by the applicants; including legal descriptions and maps
3) Copy of published notice; to be run October 13, 2010; October 20, 2010; October 27, 2010;
and November 3, 2010.
4) Copy of the Impact Report with attached maps
Please refer questions or comments to the Erie Town Clerk's Office, 303-926-2731; fax: 303-926-2798;
P.O. Box 750, Erie, CO 80516
Very Truly Yours,
Nancy J. P ker"
Town Clerk
Town of Erie, Colorado
Enclosures
cc: Town Attorney; Town Administrator; file
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RESOLUTION NO. 10-129
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF THE
ANNEXATION PETITIONS REGARDING THE ANNEXATION OF
CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE
TOWN OF ERIE, SAID ANNEXATION TO BE KNOWN AS THE
SHERIDAN/HIGHWAY 7 COMMERCIAL CENTER ANNEXATION.
WHEREAS, petitions for annexation of certain properties has been filed with the Board of
Trustees of the Town of Erie, Colorado by TC Enterprises, LLC and the Town of Erie, a Colorado
Municipal Corporation; and
WHEREAS, the Board of Trustees has reviewed the petitions; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of subject
properties for annexation and zoning; and
WHEREAS, the Board of Trustees has reviewed the petitions 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 ERIE, COLORADO, as follows:
1. The petitions, whose legal descriptions are attached hereto as "Exhibit A" and
incorporated by reference herein, is in substantial compliance with the applicable laws
of the State of Colorado.
2. No election is required under C.R.S. §31-12-107(2).
3. No additional terms and conditions are to be imposed as may require an election
under C.R.S. §31-12-112.
4. The Board of Trustees will hold a public hearing for the purpose of determining if the
proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-12-105,
and will hold a public hearing to determine the appropriate zoning of the subject
properties, at the Erie Town Hall, 645 Holbrook Street,Erie, Colorado 80516, at the
following time and date:
6:30 PM,
November 23, 2010
5. Any person may appear at such hearing and present evidence relative to the proposed
annexation or the proposed zoning.
6. Upon completion of the hearing, the Board of Trustees shall set forth,by resolution,
its findings and conclusions with reference to the eligibility of the proposed
annexation, and whether the statutory requirements for the proposed annexation have
been met, and further, will determine the appropriate zoning of the subject property.
7. The appropriate Town Officials are hereby authorized to sign and bind the Town to
this Resolution of Substantial Compliance.
INTRODUCED, READ, SIGNED AND APPROVED this 12th day of October, 2010.
TOWN OF ERIE,
a Colorado municipal corporation
By7 '
J e i A. 'Non, Ma or
ATTEST ,,,,-.
By / 441"--\ ''' ''''-1.›..N y J. Pirk , CMC, Town Clerk
.... ELI
EXHIBIT A
PARCEL 1-TC Enterprises LLC
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33,TOWNSHIP 1 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33;
THENCE N00°06'06"E,75.00 FEET ALONG THE WEST LINE OF THE SOUTHEAST QUARTER TO
THE POINT OF BEGINNING;
THENCE N89°38'37"W,498.22 FEET ALONG THE NORTH RIGHT OF WAY LINE OF COLORADO
STATE HIGHWAY 7;
THENCE N00°06'16"E,865.79 FEET ALONG THE EASTERLY LINE OF VISTA RIDGE MASTER
PLAT PARCEL 34;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF RIDGE VIEW DRIVE THE
FOLLOWING TWO COURSES:
1) S89°31'49"E,551.15 FEET;
2) 46.57 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT,SAID ARC
SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 88°5T03"
AND A CHORD BEARING S45°03'17"E,42.04 FEET.
THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SHERIDAN BOULEVARD THE
FOLLOWING TWO COURSES:
1) S00°34'46"E,804.80 FEET;
2) 47.61 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT,SAID ARC
SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 90°55'52"
AND A CHORD BEARING S44°53'10"W,42.77 FEET;
THENCE N89°38'54'W,62.20 FEET ALONG THE NORTH RIGHT OF WAY OF COLORADO STATE
HIGHWAY 7 TO THE POINT OF BEGINNING,CONTAINING 11.63 ACRES.
PARCEL 2-Town of Erie
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33,TOWNSHIP 1 NORTH,
RANGE 68 WEST OF THE 6TH P.M.,WELD COUNTY,COLORADO,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33;
THENCE N00'106'16'E.75.00 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 33:
THENCE S89'38'54"E.62.20 FEET ALONG THE NORTH RIGHT OF WAY OF COLORADO STATE
HIGHWAY 7 TO THE POINT OF BEGINNING;
THENCE 47.61 FEET ALONG THE ARC OF A TANGENT CURVE TO THE
LEFT,SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET,A
CENTRAL ANGLE OF 90'55'52"AND A CHORD BEARING N44'53'10"E,
42.77 FEET;
THENCE N00'34'46"W.804.80 FEET;
THENCE 46.57 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT,SAID ARC
SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 88'57'03"AND A CHORD
BEARING N45'03'17"W.42.04 FEET;
THENCE N89'31'49"W,551.15 FEET;
THENCE N00'06'16"E.80.00 FEET;
THENCE S89'31'49"E. 549.09 FEET;
THENCE 47.67 FEET ALONG THE ARC OF A TANGENT CURVE TO THE
LEFT,SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 91'02'57"
AND A CHORD BEARING N44'56'53"E,42.81 FEET;
THENCE N00'34'46"W.353.56 FEET;
THENCE N89'38'37"W.76.83 FEET;
THENCE N00'06'16"E. 1.242.87 FEET ALONG THE NORTH-SOUTH
CENTERLINE OF SECTION 33:
THENCE S89'55'59"E.139.00 FEET ALONG THE EAST-WEST
CENTERLINE OF SECTION 33;
THENCE S00'34'46"E.2.572.59 FEET;
THENCE N89'38'54"W, 107.50 FEET ALONG THE NORTH RIGHT OF WAY
OF COLORADO STATE HIGHWAY 7 TO THE POINT OF BEGINNING,
CONTAINING 7.61 ACRES.
TO: THE BOARD OF TRUSTEES OF THE TOWN OF ERIE,COLORADO.
RE: Petition Known As: Sheridan/Highway 7 Commercial Center
DATE: September 29,2010
I, TC Enterprises, LLC, a Colorado limited liability company , the undersigned landowner, in
accordance with Colorado law,hereby petition the Town of Erie and its Board of Trustees for annexation
to the Town of Erie of the following described unincorporated territory located in the County of Weld and
State of Colorado,to-wit:
See Attached Legal Description "Exhibit A"
As part of this petition, your petitioner further states to the Board of Trustees of Erie, Colorado,
that:
1. It is desirable and necessary that the territory described above be annexed to the Town of
Erie.
2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have
been met in that:
a. Not less than one-sixth of the perimeter of the area proposed to be annexed is
contiguous with the Town of Erie or will be contiguous with the Town of
Erie within such time as required by 31-12-104.
b. A community of interest exists between the area proposed to be annexed and
the Town of Erie.
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 Erie.
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, comprises twenty acres or more, and which,
together with the buildings and improvements situated thereon has an
assessed value in excess of two hundred thousand dollars ($200,000.00) for
1
TO: THE BOARD CM'TRUSTEES OF THE TOWN OF ERIC.COLORADO.
RE: Petition Known As: Sheridan.highway 7 Commercial Center
DATE: September 29, 201
1. Mike N. Acimovic, the undersigned landowner, in accordance with Colorado law, hereby
petition the Town of Erie and its Board of Trustees for annexation to the Town of'Erie of the following
described unincorporated territory located in the County of Weld and Slate of C.olorado. to-wit:
See attached"Exhibit.A"
As part of this petition. your petitioner further states to the Board of Trustees of Erie, Colorado.
that:
1. It is desirable and necessary that the territory described above be annexed to the Town of
Erie.
2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended. exist or have
been met in that:
a. Not less than one-sixth oldie perimeter of the area proposed to be annexed is
contiguous with the Town of Erie or will he contiguous with the Town of
Eric within such time as required by 31-12-104.
h. A community of interest exists between the area proposed to be annexed and
the Town of Erie.
c. The area proposed to be annexed is urban or will be urbanized in the near
future.
d. The area proposed to he annexed is integrated with or is capable of being
integrated with the Town of Erie.
e. No land within the boundary of the territory proposed to he 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 he annexed which is
held in identical ownership, comprises twenty acres or more, and which,
together with the buildings and improvements situated thereon has an
assessed value in excess ol'two hundred thousand dollars (X200.000.00) for
ad valorem tax purposes for the year next preceding the annexation. has been
included within the area proposed to be annexed without the written consent
of the landowner or landowners.
g. No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
h. The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
i. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the Town of Erie more than three miles
in any direction from any point of the boundary of the Town of Erie in any
one year.
j. Prior to completion of the annexation of the territory proposed to he annexed,
the Town of Erie will have in place a plan for that area, which generally
describes the proposed: locations ation, 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 Erie; and the proposed land uses for the area: such
plan to be updated at least once annually.
k. In establishing the boundary of the territory proposed to he annexed. if a
portion of a platted street or alley is to be annexed, the entire width of the
street or alley has been included within the territory to be annexed. The
Town of Erie will not deny reasonable access to any landowners, owners of
any easement, or the owners of any franchise adjoining any platted street or
alley which is to be annexed to the Town of Erie but is not bounded on both
sides by the Town of Erie.
3. The owners of more than fifty percent of the area proposed to he annexed. exclusive of
dedicated streets and alleys, have signed this petition and hereby petition Ibr annexation of
such territory.
4. Accompanying this petition are four copies of an annexation map containing the following
informal ion:
a. A written legal description of the boundaries of the area proposed to he
annexed;
b. A map showing the boundary or the area proposed to be annexed, said map
prepared and containing the seal of a registered engineer:
c. Within the annexation boundary map, a showing of' the location of each
ownership tract in unplatted land and, if part or all of the area is platted. the
boundaries and the plat numbers of plots or of lots and blocks:
d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the Town of Erie and the contiguous boundary of
any other municipality abutting the area proposed to be annexed, and a
showing of he dimensions of such continuous boundaries.
5. Upon the Annexation Ordinance becoming effective. all lands within the area proposed to he
annexed will htxxwme subject to all ordinances, rules and regulations of the Town of Erie,
except for general property taxes of the Town of Erie which shall become ell-Wive as the
January I next ensuing.
6. The zoning classification requested for the area proposed to be annexed is PD-Planned
Development(Vista Ridge FD Amended).
WHEREFORE., the following petitioner respectfully requests that the Town of Erie, acting
through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this
acknowledgment. the undersigned hereby certify that the above information is complete and true.
OWNERS:
To%%d f Erie(
•
By:
Mike N. Acimovic,Town Administrator
STATE()F COLORADO )
ss.
COUNTY OF _.._\\ItL I --- - )
The foregoing instrument was acknowledged before me this 7- day of
&At , 201(1 by Mike N. Acimovic as Town Administrator for the Town of
Erie.
My commission expires: 0 L. - /L•26/4/.
WitnedWuhay}d and official seal.
se 4 J. P.4 cy(
�• .TAR • �'� Notary bile
o y:
A= PUBLIC •:�Q
6tii,PF CC"-
O %t• +`'`
•+°ear:;io,11ay•
RECORD OF
I D OWNERSHIP Ante x :,SIGNED
LandowneriPetithmeT Legal Description
m2«Address Dale Sinned of Land Owned
Town of Eric Sec attached Exhibit A
Mike N. Acimoxic
n Administrator
645 , rookS v
PO Box 750
Erie, 80516
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) Ss.
COUNTY OF W IWI° )
R. Martin Ostholthoff, being first duly sworn upon oath. deposes and says that he was the circulator of
this Petition for Annexation of lands to the Town of Eric. Colorado, consisting of six(6)pages including
this page and that each signature hereon was witnessed by your affiant and is the signature of the person
whose name it purports to be. fn 1
re Atilk itc.1114./4"---
T--
Circulator t (.
STATE OF COLORADO )
) ss.
COUNTY OF W e.. I d _-� ►The foregoing instrument was acknowledged before me this `/'4- day of
..._k?C�.1Z1.LC4-..f..... , 2010 by R.Martin Ostholthofi:
My commission expires: CC* - l U, • ZUt'-{
Witness My hand and official seal.
„Atuouutoinik,
. NpYARy%
•
otary rblic
cr. PUB L1C'�a
4„„i?F G010 Lit i., .---,
"EXHIBIT,1"
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33. TOWNSHIP 1
NORTH,RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY,COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33:
THENCE N00106'16'E. 75.00 FEET ALONG THE NORTH-SOUTH CENTERLINE OF
SECTION 33:
THENCE S89.38'54"E.62.20 FEET ALONG THE.NORTH RIGHT OF WAY OF
COLORADO STATE HIGHWAY 7 TO THE POINT OF BEGINNING;
THENCE 47.61 FEET ALONG THE ARC OF A TANGENT CURVE TO THE
LEFT', SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET, A
CENTRAL ANGLE OF 90'55'52"AND A CHORD BEARING N44'53'10"E,
42.77 FEET:
THENCE N00'34'46"W. 804.80 FEET:
THENCE 46.57 FEET AI..ONG THE:ARC OF A TANGENT NT CURVE.TO THE; LEFT, SAW
ARC SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 88'5.7'03"
AND A CHORD BEARING N45'03'17'1'x'. 42.04 FEET;
THENCE ?89' 31' 49"W, 551.15 FEET;
THENCE N00'06'16"F. 80.00 FELT:
THENCE 589'31'49"E. 549.09 FEET:
THENCE 47.67 FEET ALONG THE ARC OF A TANGENT CURVE TO TIlE
LEFT, SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF
91'02'5T'AND A CHORD BEARING N44'56'53"E,, 42.81 FEET;
THENCE N00'34'46'W. 353.56 FEET;
THENCE N89'38'37"W. 76.83 FEET:
THENCE 1100' 06' .16"E. 1.242.87 FEET AI..ONG THE NORTH-SOUTH
CENTERLINE OF SECTION 33:
THENCE S89' 55' 59"E.139.00 FEET AL(.)NG THE EAST-WEST
CENTERLINE OF SECTION 33:
THENCE SO u' 34' 46"E. 2.572.59 FEET;
THENCE N89'38'54"W, 107.50 FEET ALONG 'THE NORTH RIGHT OF WAY
OF COLORADO STATE HIGHWAY 7 TO THE POINT OF BEGINNING.
CONTAINING 7.61 ACRES.
ad valorem tax purposes for the year next preceding the annexation,has been
included within the area proposed to be annexed without the written consent
of the landowner or landowners.
g. No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
h. The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
i. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the Town of Erie more than three miles
in any direction from any point of the boundary of the Town of Erie in any
one year.
j. Prior to completion of the annexation of the territory proposed to be annexed,
the Town of Erie will have in place a plan for that area, which generally
describes the proposed: Location, character, and extent of streets, subways,
bridges, waterways, waterfronts, parkways, playgrounds, squares, parks,
aviation fields, other public ways, grounds, open spaces, public utilities, and
terminals for water, light, sanitation, transportation, and power to be
provided by the Town of Erie; and the proposed land uses for the area; such
plan to be updated at least once annually.
k. In establishing the boundary of the territory proposed to be annexed, if a
portion of a platted street or alley is to be annexed, the entire width of the
street or alley has been included within the territory to be annexed. The
Town of Erie will not deny reasonable access to any landowners, owners of
any easement, or the owners of any franchise adjoining any platted street or
alley which is to be annexed to the Town of Erie but is not bounded on both
sides by the Town of Erie.
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.
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 or the area proposed to be annexed, said map
prepared and containing the seal of a registered engineer;
c. Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the
2
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 Erie 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, rules and regulations of the Town of Erie,
except for general property taxes of the Town of Erie which shall become effective as the
January 1 next ensuing.
6. This petition is conditioned upon the zoning classification for the area proposed to annexed
being approved for PD — Planned Development (Vista Ridge PD Amended-Commercial
Planning Area) and approval by the petitioner of an annexation agreement acceptable to the
petitioner. In the event the zoning classification for the area proposed to be annexed is not
approved as PD — Planned Development (Vista Ridge PD Amended-Commercial Planning
Area) by the Town Board of Trustees, or the annexation agreement is not approved by the
petitioner, then, in that event, petitioner may withdraw this petition. This shall be the only
remedy available to the petitioner.
WHEREFORE, the following petitioner respectfully requests that the Town of Erie, acting
through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this
acknowledgment,the undersigned hereb certify that the above information is complete and true.
Own . Date: /O—O 9—./0
Owner: Date:
Applicant: Date:
STATE OF COLORADO
) ss.
COUNTY OF } ekt- Sr.J )
1{
The for ns❑umei wled before me this°/ day of_ die so
20 /J b�
t _
JAMES R. SPEHALSKI
My commissionhand and
Witness My NOTARY PUBLIC
hand and official seal.
STATE OF COLORADO
Notary Public Iv601trNubn Eike Apra 18,2612
3
RECORD OF
LAND OWNERSHIP AND DATE SIGNED
Landowner/Petitioner Legal Description
Mailing Address Date Signed of Land Owned
TC Enterprises,LLC See"Exhibit A"
Andy Chaikovsky
4915 S.Gaylord St.
Englewood,CO 80113
do Marathon Land Company
James Spehalski
9750 W.Cambridge Place
Littleton,CO 80127
4
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
ss.
COUNTY OF nn )
(eject-in Lc:S Vim. J F 4a—=`-? I being first duly sworn upon oath, deposes and says
that he was the circulator of this Petition for Annexation of lands to the Town of Erie, Colorado,
consisting of 6 pages including this page and that each signature hereon was witnessed by your affiant
and is the signature of the person whose name it purports to be.
Circul or
STATE OF COLORADO
) ss.
COUNTY OF A Ro.pnko.e )
The foregoing instrument was acknowledged before me this 3Tday of ocJvbe a?
2010 by Tam PS 2 S?c.hn1c +
My commission expires: ( C 131 I d)o t I
Witness My hand and official seal. _
Notary Public =�\.\.J`�js�ttt
VO.�OTAigP..p ttt
e •
It
I .O
tIt�1. *. uBt.\-.pO te
th OF CO-O�_
My Commission Expires 10/31/2011
5
"EXHIBIT A"
I Fri DESCRIPT10N;
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33, TOWNSI-IP ' NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33;
THENCE NOO'06'16"E. 75.00 FEET ALONG THE WEST UNE OF THE SOUTHEAST QUARTER TO THE POINT OF
BEGINNING;
THENCE N89'38'37"W, 498.22 FEET ALONG THE NORTH RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 7;
THENCE NOO'06'16"E, 865.79 FEET ALONG THE EASTERLY LINE OF VISTA RIDGE MASTER PLAT PARCEL 34;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY UNE OF RIDGE VIEW DRIVE TI-E FOLLOWING TWO COURSES:
1) 589131'4a, 551.15 FEET ;
2) 46.57 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC SUBTENDED BY A RADIUS
OF 30.00 FEET, A CENTRAL ANGLE OF 8857'03" AND A CHORD BEARING 545'03'17-E. 42.04 FEET;
THENCE ALONG THE WESTERLY RIGHT OF WAY UNE OF SHERIDAN BOULEVARD THE FOLLOWING TWO COURSES:
1) SOO'34'46'E. 804.80 FEET;
2) 47.61 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT. SAID ARC SUBTENDED BY A RADIUS
OF 30.00 FEET, A CENTRAL ANGLE OF 90'55'5t AND A CHORD BEARING 54453'10"W. 42.77 FEET;
THENCE N89'38'54"W, 62.20 FEET ALONG THE NORTH RIGHT OF WAY OF COLORADO STATE HIGHWAY 7 TO
THE PANT OF BEGINNING, CONTAINING 11.63 ACRES.
6
NOTICE OF PUBLIC HEARING
BOARD OF TRUSTEES
TOWN OF ERIE
Notice is hereby given that on November 23, 2010, at 6:30 PM, or as soon as possible
thereafter, in the Town Hall, 645 Holbrook, Erie, Colorado, or at such place and time as
the hearing may be adjourned to, a PUBLIC HEARING will be held upon the Petitions
for Annexation filed by TC Enterprises, LLC, 4915 South Gaylord Street, Englewood,
CO 80113, and by the Town of Erie, 645 Holbrook Street, Erie, CO 80516, for the
purpose of determining and finding whether the area proposed to be annexed meets the
applicable requirements of C.R.S. Sections 31-12-104 and 31-12-105 and is considered
eligible for annexation.
A copy of the Petitions for Annexation, as filed, is included in this Notice.
The legal description of the properties are:
PARCEL 1-TC Enterprises LLC
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33,TOWNSHIP 1 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33;
THENCE N00°06'06"E, 75.00 FEET ALONG THE WEST LINE OF THE SOUTHEAST QUARTER TO
THE POINT OF BEGINNING;
THENCE N89°38'37"W,498.22 FEET ALONG THE NORTH RIGHT OF WAY LINE OF COLORADO
STATE HIGHWAY 7;
THENCE N00°06'16"E, 865.79 FEET ALONG THE EASTERLY LINE OF VISTA RIDGE MASTER
PLAT PARCEL 34;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF RIDGE VIEW DRIVE THE
FOLLOWING TWO COURSES:
1) 589°31'49"E, 551.15 FEET;
2) 46.57 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC
SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 88°57'03"
AND A CHORD BEARING 545°03'17"E,42.04 FEET.
THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SHERIDAN BOULEVARD THE
FOLLOWING TWO COURSES:
1) S00°34'46"E, 804.80 FEET;
2) 47.61 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC
SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 90°55'52"
AND A CHORD BEARING S44°53'10"W,42.77 FEET;
THENCE N89°38'54"W,62.20 FEET ALONG THE NORTH RIGHT OF WAY OF COLORADO STATE
HIGHWAY 7 TO THE POINT OF BEGINNING, CONTAINING 11.63 ACRES.
PARCEL 2-Town of Erie
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33,TOWNSHIP 1 NORTH,
RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33;
THENCE N00'106'16'E.75.00 FEET ALONG THE NORTH-SOUTH CENTERLINE OF SECTION 33:
THENCE S89'38'54"E. 6120 FEET ALONG THE NORTH RIGHT OF WAY OF COLORADO STATE
HIGHWAY 7 TO THE POINT OF BEGINNING;
THENCE 47.61 FEET ALONG THE ARC OF A TANGENT CURVE TO THE
LEFT, SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET,A
CENTRAL ANGLE OF 90'55'52"AND A CHORD BEARING N44'53'10"E,
42.77 FEET;
THENCE N00'34'46"W. 804.80 FEET;
THENCE 46.57 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, SAID ARC
SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 88'57'03"AND A CHORD
BEARING N45'03'17"W.42.04 FEET;
THENCE N89'3I'49"W,551.15 FEET;
THENCE N00'06'16"E. 80.00 FEET;
THENCE S89'31'49"E. 549.09 FEET;
THENCE 47.67 FEET ALONG THE ARC OF A TANGENT CURVE TO THE
LEFT, SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 91'02'57"
AND A CHORD BEARING N44'56'53"E,42.81 FEET;
THENCE N00'34'46"W. 353.56 FEET;
THENCE N89'38'37"W.76.83 FEET;
THENCE N00'06'16"E. 1.242.87 FEET ALONG THE NORTH-SOUTH
CENTERLINE OF SECTION 33:
THENCE S89'55'59"E .139.00 FEET ALONG THE EAST-WEST
CENTERLINE OF SECTION 33;
THENCE S00'34'46"E. 2.572.59 FEET;
THENCE N89'38'54"W, 107.50 FEET ALONG THE NORTH RIGHT OF WAY
OF COLORADO STATE HIGHWAY 7 TO THE POINT OF BEGINNING,
CONTAINING 7.61 ACRES.
The Application for Annexation and Initial Zoning is on file with the Town of Erie.
Any person may appear at the Public Hearing and present evidence upon any matter to
be determined by the Board of Trustees. The Board of Trustees will be taking
comments at the Public Hearing prior to making a determination or taking any action on
this matter.
/s/ Nancy J. Parker
Town Clerk
FOR QUESTIONS OR COMMENTS, CONTACT
TOWN OF ERIE
COMMUNITY DEVELOPMENT DEPARTMENT
P.O. BOX 750
ERIE, COLORADO 80516
PHONE: (303) 926-2770
FAX: (303) 926-2706
This Notice shall be published in the Colorado Hometown Newspaper once a week for
four successive weeks: October 13, 2010, October 20, 2010, October 27, 2010 and
November 3, 2010.
Please send the affidavit of publication and billing to:
Town Clerk
Town of Erie
PO Box 750
Erie, CO 80516
Sheridan/Highway 7 Commercial Center
ANNEXATION IMPACT REPORT
Prepared for the County of Weld, Colorado
Town of Erie
Community Development Department
645 Holbrook Street
Erie, Colorado 80516
Issued: October 21, 2010
Page 1 of 26
INTRODUCTION
This Annexation Impact Report is provided to Weld County pursuant to C.R.S. 31-12-108.5O).
The Town of Erie, Colorado, has received annexation petitions for approximately 19.23 acres
located within Weld County, owned by TC Enterprises, LLC and the Town of Erie.
The property is proposed for zoning as PD-Planned Development (integrated into the existing
Vista Ridge PD)under Title 10 of the Town of Erie Municipal Code.
On November 23, 2010,the Town of Erie will hold a public hearing to consider this annexation.
IL MUNICIPAL MAPS
The following exhibits attached hereto are pursuant to C.R.S. 31-12-108.5(a).
1) "Exhibit A"
Annexation Map depicting the existing and proposed Town of Erie municipal boundaries
in the vicinity of the proposed annexation.
2) "Exhibit B"
Town of Erie Water Map depicting the major trunk water mains in the vicinity of the
proposed annexation.
3) "Exhibit C"
Town of Erie Sanitary Sewer Map depicting the major trunk sanitary sewer mains in the
vicinity of the proposed annexation.
4) "Exhibit D"
Town of Erie 2005 Comprehensive Plan — Land Use Map depicting the proposed land
uses in the vicinity of the proposed annexation.
5) "Exhibit E"
Town of Erie Zoning Map depicting the existing zoning/land uses in the vicinity of the
proposed annexation.
III. ANNEXATION AGREEMENT
The draft Annexation Agreement is attached hereto as"Exhibit F."
IV. MUNICIPAL SERVICES
1) Water and Sanitary Sewer
Water and sanitary sewer services are stubbed to the site. The property will require the
extension of water and sanitary sewer service lines into and through the site by the
property owner.
2) Other Utilities
a. Qwest Communications currently provides telephone service within the proposed
annexation vicinity. No change in this service is proposed.
b. United Power currently provides electric service and Xcel Energy currently provides
natural gas services within the proposed annexation vicinity. No changes in these
services are proposed.
Page 3 of 26
c. The proposed annexation will not require major service extensions from any of the
above described utility providers.
3) Public Safety
a. The Town of Erie provides its own police protection and will extend police
protection services to the area proposed to be included within the Town's boundaries
as part of this annexation.
b. The Mountain View Fire Protection District currently provides fire protection and
ambulance services for the proposed area to be annexed.
4) Street Maintenance
The maintenance of existing public streets adjacent to and within the proposed
annexation area, with the exception of State Highway, will be provided by the Town of
Erie. The maintenance of any proposed public streets adjacent to and within the
proposed annexation area, with the exception of State Highway 7, will be provided by the
Town of Erie after construction to town specifications and acceptance by the Public
Works Department.
5) Other Municipal Services
The Town of Erie provides additional municipal services such as recreation, open space
and senior services. No infrastructure extension or expansion of these services is
required for the proposed annexation.
V. MUNICIPAL SERVICES FINANCING
The financing of additional municipal services and/or infrastructure improvements are addressed
by the Town of Erie Municipal Code and in the Annexation Agreement. The Town Code
requires that the developer pay for and construct all on-site and off-site public improvements that
are required to adequately serve the proposed development or to address impacts caused by the
proposed development.
VI. SPECIAL DISTRICTS
The proposed annexation area is encompassed or is proposed to be encompassed within the
following special districts:
I) Mountain View Fire Protection District
2) St. Vrain Valley School District
3) Weld County Library District
4) Northern Colorado Water Conservancy District and Subdistrict
VII. SCHOOL DISTRICT IMPACTS
No impacts to the St. Vrain Valley School District are anticipated as no residential development
is proposed within the boundaries of the proposed annexation.
Page 4 of 26
EXHIBIT A
(Annexation Map)
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Page 5 of 26
EXHIBIT B
(Town of Erie Water Map)
. Maas
'''`�3 I ) WCRD4
PRY
x u HP-1_
AW - 61`•0 m - n 2065
3 gwDN R= BrBRry 1aoaae88RA
p 3 2069
'oN 17^ n 76^ g g TUNDRA CI 2071
g 1'17 e'
k' $ 209300. _ ;, g Uigl R§„ r 2023
x049 2070 n L}\ .p $ 3023
2060 2077 2016 rvy456~ jM1^M1842 I.7.164'.e5 $ R $ a g u • 2070
2070 2[65 1� '4. ‘h� IAM1N cP F n 3061
M1
x063 '�pj 1C96�Y I,s, .� ^ 110 ruwwuu 306s
4900 19-24,571 M1M1 'L^ 2226 L 2193 2112 I R. Q $
M1V 004, nM1:„„ic h � S Y �y\36 2236 2206 3132 a^ X
2246 p 2217 3132 n 2;2:07
`Ip ' .00� .� .M1 x153 374533562 223717401 -n n - 2101 6
M1\ti M1�4ry M1.D40'60 31512264 . 22]92152 +1 nmOry 2161
M17C h ^ ry ti M1 31 131.6 325131fa
'L ti`P4 : 0 6J x176 x1412172 2391
^ .yam i' x361
ry ti ti'1 ti.6-cp_4 ti ry� 226. 217]1119 3155 311z YdL117
;;J:443..7,
u' . M1 ti r 3x651100 222;1:3491
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8 O • Y'M1Y a ^ ^S 2307 22.8 2195 2201 1315
2207 M1 .y`;'M1 t• M1 ti 6 . h a M1[i 2301 v19 x316 noe 2212 2211 1FJY1
'Y ti 64 n - 7312 2331 2226 3321 ` 2333
.0 1" 2323 23.1 2336 2331 3132
Tract 1-0-9 4M1 ti,,, n ti� 3]113 9f„
6714. 1241 41 rift r 23.0
3081 Z07. ti 3360
2361 3251. 2353 1136 �^' 81 yry •0 7290
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n n 2793 126. 1165 31.1 2�\231\q6 13 9 31601/& 1
3 103 2276 277 ,it 'LM1 '> S
$ary o 1260 6.2W 27 17;241,77 R\Y5 .1\9\ '9 r1M1 .YM1 2294
n 1311 37312 na301111b 1.1986] '4`91104 l 2308 N l057 2324 7333 1314 1\515 M1a0 11`06 Y 9M1' 'Y ry $;
2311 179 1 Iy
1063 233. ;3341 2336 3335 27355760 PR2\59 1`1 C) 1\042 1•106 7.BL ,TM1 S
324(1X1 23.6 3247 M1\\ P M1` O ,07,2%.%
ry
.1661 133. Y]{ 1113 2360 2]59 1162 1\6\ ' 1`\ M111 ^`Pti M1y
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•1679 3202 IL 1160 ' 'GL(t-II�T} y'I
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39 ti p y PI 509 5r+" et PJ'\6^ ,"40,44 6'1c s� '�+`'
V00t°97 2421 23°5 ,3 ti 9911,57 M1'71 4'P4 { 5 563
sK PSI av xl9s 2301 �,�'8 arm.° 5 ''J 3360 1^v
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�{ 346,1.29` -a6�'��{` 1M14M1� ti 3372 1365
T 2.75.1.01.1617
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1�h M1M1 `N �e� D0.N i 7370 PS 375
851 e o�.2 'Or,e Jw!,5%,s 5 a ay 2319
'1• 447 j1J S't n 'b W 71 71 iiaa
2190 ryc+ 22,W.4;7 X75 ,. 35235
2202 M1M1.} 695211 [MIGWWw y1 SSJ
'� 2208 2201 7 .16.7f, a" 2568 2539
2212 2205 2550 3512 3 2 155. 35.7
`S 22 27711 2510 2563 2j1 344 Ux553
7220 j'j 3115 16 1 75633107 3J 1. '82161
2224 202721 3 x6012303 3316 2504 -12187
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�' t P 3318 4
WOO 1ocL EkmeMery 333E 3337 614 y3619246, 2308 2391,Ta y
3000 2243 2241 265. 132629 2263 t 197 2 2109
3. .e 32.6 7247 3646 °26.1 224 _ n „Ds
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Page 6 of 26
EXHIBIT C
(Town of Erie Sanitary Sewer Map)
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Page 7 of 26
EXHIBIT D
(Town of Erie Comprehensive Plan—Land Use Plan Map)
h, r^'."'e `: i x, •4 t" ,3 x ' „t h'1/2,-, ±:`1gy °'t Lax r 4.I
r ' gk^ ter
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11 "15 � f
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eld Thornton
, . _ - .'t. ; r., •gym . I a {, etk. $£ . .t a
0 025 ns '
i .ai an no IYYn°awr Assists Is 1x is eon. i Mi.
P.E.Tfa N. .. S. In pea%weld nem SEaL IM seiw •--- NiFwkw. 0.0 cow
MInmoams. :iC CnaMwn COMM M Amman Gnu*Galew. �.`.:`
is ,,,a, M+Jiame GernSi ..am-on 0 xs i.a.wllief .000..00,...•0.....2.02.00•04.0............s...,,«.-n.o.
iM kn. in canna.f4nvcM O t F1.IyMiy eem c................roe c.n.'.m.
M ILS PN.Y1a2 sno - ILP^a Cm,.nj Fa„.....,„„"„." ' Fit Wed y
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w 11.i.,D:SEPT It 270 'I
Page 8 of 26
EXHIBIT E
(Town of Erie Zoning Map)
-, mess ?� . ,� rgt$ x ; *7-,,q4;;4"-t,,
BOULDER MOM IMO WW1, II
77:„:1,e. ra‘t„*ti
NIWQT RD .4Laj
' LI -
1 C
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rr ,-, Wig
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COMP'it-,.yrktfii'ik' itifi i 1
i tkK
Ay w - 4% , �� Broomfield
* t � ., , '.. *4" , Y'
�1 S 1'!1. 1 B0.4El1NE PO 1. HWY7
\., { til,w \�gyKpE CCOUN W6MNry
- Broomfield Thornton
�e - s o t
� �. 1 � _ " _
pia HIM 0 De as
=�
c,"...I.C<IMI.. . - uu ms Damn....0 wY rn4EYun�a _ 7Mu C 1—BiMa'r
WY n,"al wym,,wu.mwW m"Im wy
- s" n.m.n.J o.o<r�
f t. :77prWM1 Painter Mil IaN•E"rtwn 0.0 O1351�MurY1FiM.1 =="Hrwaa=ro ono
Hawaymma,....H mows r Hr rvwwerm
�'' MNh•.}Tn wa weak",
.-,.— .s
an O
.;',..;\
Page 9 of 26
EXHIBIT F
(draft Annexation Agreement)
SHERIDAN-HIGHWAY 7 COMMERCIAL CENTER
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT("Agreement")is made and entered into this
day of 2010,by and between TC ENTERPRISES,LLC,4915 South Gaylord
Street,Englewood,CO 80113,hereinafter referred to as the"Owner,"and the TOWN OF ERIE,a
municipal corporation of the State of Colorado,PO Box 750,Erie,CO 80516,hereinafter referred to
as"Erie"or"Town".
WITNESSETH:
WHEREAS,the Owner desires to annex to Erie 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 attached hereto as"Exhibit B"and incorporated herein and made a part hereof;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,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 streets, rights-of-way and easements, utility
facilities and improvements,to Erie as contemplated in this Agreement 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.
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:
I. ANNEXATION AND ZONING.
A. Annexation. The annexation of the Property shall be in conformance with the
Colorado Municipal Annexation Act of 1965,as amended,and with the Town of Erie
Municipal Code("Code")and with applicable Town regulations.
B. Zoning.The Owner desires PD—Planned Development(Vista Ridge PD Amended-
Commercial Planning Area)zoning,as authorized by Title 10,of the Code. Owner
acknowledges and accepts that no warranty,guarantee or promise is made on the part
of the Town to so zone the Property as PD. Owner acknowledge and understand that
Page 10 of 26
the Town Board of Trustees determines what is an appropriate zone for the Property,
and the desired zone as set forth herein does not in any way bind the Town Board of
Trustees to adopt the zone for the Property. The Owner states that granting of such
zoning by the Town is a condition to annex the Property. Owner shall take all action
necessary to permit zoning by the Town of the annexed area within the time
prescribed by state statutes. The Town acknowledges that the petition for annexation
conditions the annexation of the Property to the Town on Owner receiving an
acceptable zoning designation. This Agreement is also expressly conditioned upon
Owner receiving an acceptable zoning designation, and if such acceptable zoning
designation is not received,the Town agrees not to approve the annexation of the
Property and this Agreement shall be of no force and effect.
C. Land Use.All non-residential construction will be subject to the types and intensities
of land use permitted pursuant to the Code in effect on the date hereof,or in effect on
the date when building permit applications are filed.
II. ANNEXATION MAP. The Annexation Map incorporated and adopted as a portion of the
ordinance annexing the Property and attached hereto as "Exhibit C" complies with the
requirements of C.R.S.3l-12-105(1)(e).
III. LAND DEDICATION. The dedication of public easements for utilities,rights-of-way for
streets and other public ways and dedications for other public purposes shall be by Special or
General Warranty Deed or appropriate instrument of conveyance acceptable to the Town.
All such dedications shall be free and clear of any liens and encumbrances, and shall be
provided along with title insurance in an amount reasonably determined by the Town. Such
dedications as may be required by the Town,consistent with;the Development Plan as later
defined herein,a subsequent plat,site plan and/or development agreement,shall occur within
thirty(30)days of 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.The Town and the
Owner agree that such dedications are directly related to and generated by development
intended to occur within the Property and that no taking thereby will occur requiring any
compensation.
A. Roads And Utility Easements.The Owner shall dedicate right-of-way for all roads
and utility easements to Erie consistent with the Development Plan,a subsequent
plat, site plan and/or development agreement. All utility easements,dedicated to
Erie, shall be for the use and the benefit of the various entities furnishing utility
services,i.e.,electrical,telephone,gas,TV cable,water and sewer. ALL UTILITIES
WILL BE PLACED UNDERGROUND.
B. Parks And Open Space. No dedication of public parks or open space shall be
required for non-residential development.
2
Page 11 of 26
IV. AVAILABILITY OF SERVICES.Erie 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 and sewer services.
Owner acknowledges that Town services do not include,as of the date of the execution of
this Agreement,fire protection or emergency medical services,but the Property is presently
included within the boundaries of and is entitled to receive such services from the Mountain
View Fire Protection District.
Any and all obligations of the Town for water,sewer,and drainage improvements shall be
the sole obligation of the Town's water and sewer enterprises and as such, shall not
constitute a multiple fiscal year direct or indirect debt or other financial obligation of the
Town within the meaning of any constitutional or statutory limitation. Any and all
obligations of the Town for public improvements other than water,sewer,and storm drainage
improvements shall be subject to annual appropriation by the Town.
V. WATER SERVICE. Water service to the Property shall be provided by the Town. If the
Property is not already in the Northern Colorado Water Conservancy District and/or the
Municipal Subdistrict,the Owner agrees to include the Property in said District(s)and to the
payment of any fees and taxes levied by the District(s)as a condition of said inclusion prior
to receiving water service from Erie.In addition,the Owner shall exclude the Property from
the Left Hand Water District if the Property is currently within said District prior to receiving
water service from Erie. Owner hereby acknowledges its receipt of a copy of the Code,
Titles 2 and 8,as amended,concerning Town policy with respect to obtaining water service
from the Town,the dedication of water rights to the Town in connection with annexations
and the extension of water lines and pumping facilities to the Property. Owner agrees to
comply with said Code, Titles 2 and 8, and with any amendments thereto, including any
applicable amendments adopted subsequent to the annexation of the Property.The Town and
the Owner agree that such dedications are directly related to and generated by development
intended to occur within the Property and that no taking thereby will occur requiring any
compensation.
A. Extension of Water Services.The extension of water mains or trunk lines shall be in
accordance with the Code, Section 8-1-16. Owner shall install at its sole cost and
expense, all the water mains, trunk lines, pumping facilities and appurtenances
necessary to provide service from the Town's system to the Property. These
extensions may include the over sizing of lines and pumping facilities for future
development of adjacent property.Owner shall install at its sole cost and expense,all
the water lines,fire hydrants and appurtenances within the Property.Water lines lying
within the dedicated right-of-way shall be dedicated to Erie after construction.Any
reimbursements to the Owner for over sizing of water lines will be subject to a
separate Development Agreement.
B. Water Service Availability. Erie does not warrant the availability of water service
to the Owner for any phase of development. A determination of water service
availability by Erie shall be made by a water system analysis at the time the Owner
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requests water taps. In the event that the Town determines that it has insufficient
water service availability,no water taps shall be issued until such time as there is
water service availability..
C. Raw Water Fees. Raw water fees shall be the existing Town raw water fees at the
time a water tap is requested or required. Raw water fees shall be paid when(a)a
building permit for a structure is issued;(b)upon issuance of a landscape irrigation
tap;or(c)as outlined in a subsequent Development Agreement.
D. Water Tap Fees.Water tap fees shall be the existing Town water tap fees at the time
a water tap fee is requested or required.Water tap fees shall be paid when a building
permit for a structure or landscape irrigation is requested from the Town.
E. Water Rights Dedication.Owner represents to the Town,to the current knowledge
of Owner that the tributary and non-tributary water rights listed on"Exhibit D"
attached hereto and incorporated herein by this reference,constitute all of the water
rights appurtenant to the subject property. In accordance with the Code,Title 8,as
amended, and existing Town policy, the Town shall have the right to purchase
historical surface water rights from the land at fair market value.
VI. SEWER SERVICE.Sewer service to the Property shall be provided by the Town. Owner
hereby acknowledges receipt of a copy of the Code,Title 8,concerning Town policy with
respect to obtaining sewer service from the Town and the extension of sewer lines to the
Property. Owner agrees to comply with the Code,Title 8 and with any amendments thereto,
including any applicable amendments adopted subsequent to the annexation of the subject
Property.The Town and the Owner agree that dedications required by the Code,Title 8 are
directly related to and generated by development intended to occur within the Property and
that no taking thereby will occur requiring any compensation.
A. Extension of Sewer Services.The extension of sewer mains or trunk lines shall be in
accordance with the Code,Title 8.Owner shall install at its sole cost and expense,all
the sewer mains,trunk lines,sewer lift stations,and appurtenant facilities necessary
to connect to the Town's system.These line extensions may include the oversizing of
lines for future development of adjacent property.Owner shall install at its sole cost
and expense,all the sewer lines and appurtenances within the Property.Sewer lines
lying within the dedicated right-of-way shall be dedicated to Erie after construction.
Any reimbursements to the Owner for over sizing of sewer lines,sewer lift stations
and appurtenant facilities will be subject to a separate Development Agreement.
B. Sewer Service Availability.Erie does not warrant the availability of sewer service to
the Owner for any phase of development. A determination of sewer service
availability by Erie shall be made by a sewer system analysis at the time the Owner
requests sewer taps. In the event that the Town determines that it has insufficient
sewer service availability, no sewer taps shall be issued until such time as there is
sewer service availability.
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C. Sewer Tap Fees.Sewer tap fees shall be the existing Town fees at the time which a
sewer tap is requested or required. Sewer tap fees shall be paid when a building
permit for a structure is requested from the Town.
VII. ROADS, TRAILS AND PUBLIC RIGHTS-OF-WAY. All public roads shall be
constructed to the Town's "Standards and Specifications for Design and Construction of
Public Improvements"("Standards and Specifications"). Trails shall be constructed as an
integral feature of the development,in accordance with the Standards and Specifications.All
public roads,trails and right-of-ways shall be dedicated to Erie.The Owner will install,at
Owner's,expense,street name signs,striping,stop signs,speed limit and other signs on all
public streets,in accordance with the Model Traffic Code,as from time to time amended,
and other applicable legal requirements.The total cost of street light installation shall be the
Owner's obligation.The type of street lights shall be chosen by Erie.
VIII. CONFORMANCE WITH TOWN REGULATIONS. Owner agrees that the design,
improvement,construction,development,and use of the Property shall be in conformance
with all Town ordinances and resolutions,the Standards and Specifications,and the Code,
including,without limitation,those pertaining to subdivision,zoning,streets,storm drainage,
utilities,and flood control.
IX. PUBLIC IMPROVEMENTS.Owner agrees to design,construct and install in accordance
with Town approved plans,certain public improvements including but not limited to streets,
curb,gutter, sidewalks,storm sewer lines,storm drainage improvements,sanitary sewers,
water lines, and trail improvements within or adjacent to the Property. Owner agrees to
guarantee construction of all required improvements in the manner set forth in the Code,
Section 10-7-20 and, if requested by Erie, to dedicate to Erie any or all other required
improvements. Owner agrees to enter into an agreement pertaining to such improvements
and other matters prior to any development of the Property. The construction of public
improvements may be subject to any reimbursement which may be provided for in the
Development Agreement.
A. Town Option to Construct Public Improvement; Owner Reimbursement of
Costs. The Town,at its option,may elect to fulfill some or all of the requirements of
the Owner under this Agreement and construct any or all of the public improvements
required herein to be constructed by the Owner,including acquiring any additional
right-of-way necessary for said construction, reconstruction and relocation, as
required to be done by the Owner. In the event the Town determines that the public
improvements required herein to be constructed by the Owner are necessary prior to
the time the Owner would otherwise be required to build the public improvements
pursuant to the terms of the Agreement and the Town constructs said public
improvements,the Owner shall reimburse the Town in full for the Town's total costs
of construction of the public improvement. Such reimbursement shall be due from
the Owner to the Town at the time the Owner would otherwise have been required to
build the public improvement pursuant to the terms of the Agreement.
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X. EXCLUSIVITY OF ANNEXATION PETITION. 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 with Erie's consent.
XI. SPECIAL PROVISIONS.
A. Town of Erie and the City and County of Broomfield Intergovernmental
Agreement ("IGA"). The Owner acknowledges and agrees to comply with the
terms, conditions, restrictions, and requirements of the IGA dated November 24,
2009 and recorded with the Weld County Clerk and Recorder at Reception No.
3667240,between Erie and the City and County of Broomfield,as the same may be
amended from time to time.
B. Zoning. Concurrent with the approval of this annexation,the Town will approve the
Vista Ridge Development Plan Amendment No.4(the"Development Plan"),a copy
of which is attached hereto as"Exhibit E."
C. Oil and Gas Well Sites. All existing oil and gas well sites/facilities and all future oil
and gas well sites/facilities on the Property shall be screened and integrated into the
development in accordance with the Code. The setback to any occupied building as
measured from existing or proposed wells,tanks,separators or incinerators shall be
in accordance with the Code.
D. Waterline Installation and Oversizing. In the event that any water lines or
facilities are oversized to serve other properties (the `Benefited Properties"), the
Town agrees to enter into one or more reimbursement agreements with the owners of
such Benefited Properties causing such owners to reimburse any incremental costs to
the Owner prior to recordation of a final plat or approval of a site plan for
development of the Benefited Properties. The reimbursements shall be required to be
paid by the Benefited Property owners at such time as the first final plat is approved
for the benefit of the Benefited Property. "Oversizing"shall mean any requirement
by the Town to install a waterline, which is greater than twelve inches (12") or
required by the development. "Incremental Costs"shall mean the cost difference of
pipe and any related water system improvements. Nothing contained in this
Agreement shall operate to create an obligation on the part of Erie to pay or
reimburse any costs to Owner in the event such costs are not recovered by Erie as
contemplated herein, for any reason, from the properties or property Benefited
Properties or Benefited Property owners.
1. Installation Obligations. Owner shall install,at its sole cost and expense,
all waterlines,pump stations,fire hydrants and other related facilities within
the Property subject to the oversizing and reimbursement contributions as
provided for herein. Waterlines lying within the dedicated rights-of-way or
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Town accepted easements shall be dedicated to the Town upon the Town's
construction acceptance thereof.
E. Sewer Installation and Oversizing. In the event that any sewer lines or facilities
within the Property are oversized to serve other properties (the "Sewer Benefited
Properties"),the Town agrees to enter into one or more reimbursement agreements
with the owners of such Sewer Benefited Properties causing such owners to
reimburse any incremental costs to Owner prior to recording a final plat or approval
of a site plan for development of the Sewer Benefited Properties. The reimbursement
shall be required to be paid by the Sewer Benefited Properties owners at such time as
the first final plat is approved for the benefit of the Sewer Benefited Properties.
"Oversizing"shall mean any requirement by the Town to install a sewer line which is
greater than that which would otherwise be required to serve only the Property.
"Incremental Costs" shall mean the cost difference of pipe and related facility
oversizing. Nothing contained in this Agreement shall operate to create an obligation
on the part of Erie to pay or reimburse any costs to Owner in the event such costs are
not recovered by Erie as contemplated herein, for any reason, from the Sewer
Benefited Properties or Sewer Benefited Property owners.
1. Installation Obligations. Owner shall install,at its sole cost and expense,
all sewer lines and appurtenances located with the boundaries of the Property
subject to the oversizing and reimbursement contributions as provided for
herein. Sewer lines lying within the dedicated rights-of-way or Town
accepted easements shall be dedicated to the Town upon the Town's
construction acceptance thereof.
2. Lift Station. A lift station may be required to provide sanitary sewer
services to a portion of the Property. If Owner elects to construct a lift
station,Owner shall be responsible for all costs,including but not limited to
design,construction,operations,maintenance,testing,and capital repair and
replacement of said lift station as directed by Erie's Director of Public Work.
This responsibility may be assigned to a metropolitan district or a
commercial landowners association if and when said district or association is
created. In any event, Owner shall remain responsible for the costs as
required herein regardless of the Owner's assignment of the responsibility to
a metropolitan district or a commercial landowners association.
3. Coal Creek Interceptor Reimbursement.
a. Town Reimbursement. Owner shall reimburse the Town for
connection to the existing 30-inch sewer line in Coal Creek at the rate
of$54.21 per single family equivalent. Said reimbursement to the
Town shall occur prior to the issuance of building permits.
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b. Vista Ridge Metropolitan District Reimbursement. Unless the
Property is annexed to the Vista Ridge Metropolitan District,Owner
shall reimburse the Vista Ridge Metropolitan District for connection
to the existing 30-inch sewer line in Coal Creek at the rate of$310.13
per acre for commercial. Said reimbursement to the district shall
occur at time of recordation of a plat.
F. Storm Drainage Improvements
1. Criteria and Standards. Owner shall meet all Town design criteria for
drainage improvements within the Property, and as noted in the Town of
Erie's Weld County Outfall Systems Plan.
2. On Site. In the event that constructed drainage facilities are oversized to
benefit other properties during development of the Property by Owner,the
Town agrees to enter into one or more reimbursement agreements with the
owners of other properties benefiting from such oversizing,which shall allow
Owner to be reimbursed for the incremental oversizing costs paid by Owner.
"Oversizing"for drainage purposes shall mean any requirement by the Town
for any channel or other drainage facility within the Property to be a size
greater than the size required to serve the Property. The Town will not
include in the reimbursement the cost to convey historic flows through the
Property.
3. Drainage Facilities. Subject to the Town's approval, the Property may
contain one or more water quality and stormwater detention areas. This
detention will ultimately release into the regional drainage basins in the area.
Owner agrees to that it will incorporate open,grass-lined channels where
appropriate in place of concrete channels or underground piping,where cost
appropriate and technically feasible. In the event the Town requires Owner to
oversize any drainage improvements to accommodate development of other
properties, the Town shall enter into reimbursement agreements for such
other properties requiring that they reimburse Owner for their pro-rata share
of such oversizing costs. The Town will not include in the reimbursement
the cost to convey historic flows through the Property.
4. Drainage Liability. The Owner shall indemnify and hold harmless the Town
for any liability the latter may have on account of any change in the nature,
direction,quantity and/or quality of historical drainage flow resulting from
the development of this Property or from the construction of streets or storm
sewers therein. In addition,the Owner agrees to reimburse the Town for any
and all costs including,but not limited to,reasonable attorney's fees,which
the Town incurs in acquiring or condemning rights-of-way or easements
which the Town is required to acquire or condemn or which the Town is held
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to have acquired or condemned,for drainage as a result of the development of
the Property.
5. Maintenance. The Owner shall be responsible for maintaining all drainage
facilities on the Property. At the Owners'discretion,a metropolitan district
or business association may assume the maintenance responsibilities of the
drainage facilities. Owner,a metropolitan district,or a commercial owners
association, shall perform annual inspections of all water quality
improvements and submit the report to the Town. In any event,Owner shall
remain responsible for maintaining all drainage facilities on the Property as
required herein regardless of the Owner's assignment of the responsibility to
a metropolitan district or a commercial owners association.
G. Off-Site Easements and Rights-of-Way. In the event Owner is unable to obtain
off-site easements and rights-of-way which are necessary for the installation of water
mains, sanitary sewer mains, storm drainage outfalls and roadways to serve the
Property,the Town agrees to assist Owner in obtaining such easements and rights-of-
way. If required,the Town will support condemnation. Any assistance the Town
provides will be at no cost to the Town.
H. Roadway Improvements.
1. Colorado State Highway 7("SH 7").
a. Improvements. Owner shall be responsible for constructing any
acceleration, deceleration, turn lanes and medians adjacent to the
Property (along with transitions from the Property to existing
conditions)required by the Town of Erie or the Colorado Department
of Transportation("CDOT")for the Property on SH 7. Timing of
said improvements shall be determined at the time of subdivision
and/or site plan approvals.
b. Traffic Signalization. Owner shall be responsible for ten percent
(10%)share of the total cost to design,construct,and install a traffic
signal at SH 7 and Sheridan Boulevard required by CDOT which is
caused by any development of the Property. Timing of Owner's
funding of said improvements shall be determined at the time of
subdivision and/or site plan approvals.
c. SH 7 Traffic Study. Owner shall pay Erie$11,000.00 to participate
in the SH 7 Traffic Study. Payment shall be made at the earlier of
recordation of the first final plat and/or Site Plan approval for the
Property or within three years from the Effective Date of this
Annexation.
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2. Sheridan Boulevard
a. Improvements. Owner shall be responsible for constructing any
acceleration, deceleration, turn lanes and medians adjacent to the
Property (along with transitions from the Property to existing
conditions) required by the Town for the Property on Sheridan
Boulevard. Timing of said improvements shall be determined at the
time of subdivision and/or site plan approvals.
b. Traffic Mitigation. At the time of development of the Property,
Owner shall be responsible for constructing and participating in
reimbursement of any traffic mitigation adjacent to the Property
(along with transitions from the Property to existing conditions),
including lighting, sidewalks, medians, or other traffic mitigation
items on or adjacent to Sheridan Boulevard as required by the Town
of Erie. Timing of said improvements shall be determined at the time
of subdivision and/or site plan approval.
c. Traffic Signalization. Owner shall be responsible for twenty-five
percent(25%)share of the total cost to design,construct,and install a
traffic signal at Ridgeview and Sheridan Boulevard. Timing of
Owner's funding of said improvements shall be determined at the
time of subdivision and/or site plan approvals.
Town of Erie Entry Monument Sign. Owner agrees to grant the Town an easement
for the Town to locate and construct an entry monument sign(the"Monument Sign")
on the Property. The location of said sign shall be at or near the corner of SH 7 and
Sheridan Boulevard. The Owner shall pay for one half of the cost of the monument.
The Owner shall pay for providing utilities, including water and electric to the
monument sign location. Owner agrees to cooperate with the Town and participate
in the construction of the Monument Sign as follows:
1. Monument Sign Location. The Monument Sign may be located in the 30
foot landscape buffer adjacent to SH7 and/or Sheridan Boulevard.
2. Monument Sign Easement. The easement for the Monument Sign shall be
dedicated to the Town within sixty(60)days of the Towns request.
3. Monument Sign Fees and Costs. The Owner shall be responsible for the
payment of one-half(1/2)of the construction cost,initial permit fee cost and
water tap fee cost of the Monument Sign, but in no event more than
$50,000.00. Owner shall reimburse the Town for such costs upon approval
of the first Site Plan on the Property. The Owner shall be solely responsible
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for the payment of all of the ongoing costs of all utilities serving the
Monument Sign.
4. Monument Sign Design. The Monument Sign design and size shall be
similiarto the monument sign shown on "Exhibit F" attached hereto. The
Monument Sign landscaping shall include trees and shrubs that when mature
will not exceed eight feet (8') in height. The Monument Sign maximum
height shall not exceed an elevation that is five and one-half feet above the
average height of the curb line of the northwest corner of SH7 and Sheridan
Boulevard. Prior to construction of the Monument Sign by the Town,the
Town shall submit construction plans and elevations for Owner to review.
J. Districts. The Town acknowledges that to service the Property for the purpose of
financing, constructing, installing, acquiring and maintaining certain public
improvements required for the development of the Property the Owner may elect to
establish a metropolitan district("New Metro District")or add the Property to the
Vista Ridge Metropolitan District. The New Metro District or the Vista Ridge
Metropolitan District,as the case may be,is defined herein as the"Metro District".
The Metro District can acquire property with its eminent domain powers with prior
written permission of the Town. Any requirement of the Owner in this Agreement,
including but not limited to,the construction of improvements,reimbursement for
improvements,letters of credit and the payment of fees,may be undertaken by the
Metro District, at the Owner's discretion, provided only that such activity is in
accordance with the Municipal Code and a lawful activity of a special district under
C.R.S. 32-1-101 et seq. Any reimbursements described herein for such
improvements shall be payable to the entity who constructed such improvements.
The Town agrees to cooperate with Owner to either create the New Metro District or
in annexing the Property to the Vista Ridge Metropolitan District.
1. Establishment. A New Metro District will follow the Town's Ordinance
regarding metropolitan districts.
2. Vista Ridge Metropolitan District. Annexing the Property into the existing
Vista Ridge Metropolitan District shall constitute a material modification to
the service plan requiring Town approval.
K. Land Use Vesting.
1. Vested Rights. Notwithstanding anything in this Agreement to the contrary,
the Town acknowledges that the development of the Property, as
contemplated by this Agreement,shall require the investment of substantial
funds by Owner over a long period of time and that,due to the uncertainties
of future market conditions and cycles,the full development of the Property
might not be completed for many years. Further,the Town acknowledges
that as an inducement to Owner to agree to annex the Property to Erie,the
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Town has agreed to provide vested property rights to the fullest extent
permitted by Colorado law. This Annexation Agreement is a"development
agreement"pursuant to C.R.S. 24-68-104(2),and as authorized by Title 9,
Section 3 of the Erie Municipal Code. In accordance with and pursuant to
C.R.S.24-68-105,the Town agrees not to take any zoning or land use action,
by action of the Town or through initiative measure which would alter,
impair, prevent, diminish, impose a moratorium on development, or
otherwise delay the development or use of the Property as set forth in this
Annexation Agreement and on the Zoning Map. Vested rights are hereby
established with respect to the zoning, land use and other terms of this
Agreement to the fullest extend permitted by C.R.S.24-68-101,et seq. The
Property shall be vested for a period of ten (10) years beginning with the
recordation of the Annexation Agreement. However,the period of vested
rights shall be extended for an equal period of time for any period of time
during which the Town is unable to supply water taps, sewer taps and/or
building permits due to insufficient availability of any of these. Due to the
scale of the development,the magnitude of the development costs and the
possible duration of the development process,such property rights are vested
from the date of the adoption of said ordinance. At such time as any portion
of the Property receives final development plan or final plat approval,the
Town agrees to enact such supplemental ordinances as Owner may request to
extend the vested rights granted herein to such final development plan or final
plat. The provisions of this Section XI.K.1 shall also be incorporated in any
Development Agreement with the Town pertaining to the Property.
2. Enforcement. The Town agrees that the foregoing vested rights provision
may be specifically enforced. The Town acknowledges that, due to the
substantial financial investment which Owner must make toward the
development of the Property, the damages allowed under C.R.S. 24-68-
105(1)(c) may be inadequate in the event Owner is unable to enforce this
provision. Accordingly, Owner shall have the ability to waive its right to
receive compensation pursuant to C.R.S. 24-68-105(1)(c) or any similar
future statutory provision and to enforce the provisions of XI.K.I above by
obtaining relief in the form of specific performance, injunction or other
appropriate declaratory or equitable relief.
3. Processing. The Town shall permit the development of the Property upon
the submission of the proper plans,applications,plats and the payment of
fees required by Town ordinances and regulations. The Town agrees not to
unduly delay or hinder the development of the Property(such as refusing to
timely process,review and act upon development applications),nor shall the
Town unreasonably withhold its consent to or approval of a development
request or permit made in substantial compliance with the Annexation and
Zoning Maps, Municipal Code, Title 10 and this Agreement. The Town
agrees to process minor amendments to the Development as permitted by
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Town Code. The Town agrees to coordinate with Owner any filings or
applications before other governmental or quasi-governmental entities
necessary for Owner to fulfill its obligations under this Agreement or to
permit development of the Property.
If the Town does not have adequate staff for the timely review and processing
of Owner's applications,the Town may contract for such services,and the
Town shall charge Owner for the actual costs related thereto.
L. No Reduction of Fees,No Tax Rebate. Owner and Town understand and agree that
the Town has no obligation pursuant to this Annexation Agreement that the Town
will reduce or waive any of the Town's fees or that Town will offer Owner any tax
rebates. Both parties further understand and agree that Owner will pay all fees as
required by the Town Code,including but not limited to the Commercial Impact Fees
in effect at the time of building permit issuance. Payment of Town Commercial
Impact Fees are in addition to the improvements outlined in this Agreement.
XII. MISCELLANEOUS PROVISIONS.
A. Interpretation. Nothing 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.
B. Severability. If any part, section, subsection, sentence, clause or phrase of this
Agreement is for any reason held to be invalid, such invalidity shall not affect the
validity of the remaining sections of the Agreement. The parties hereby declare that
they would have agreed to the Agreement including each part, section,subsection,
sentence, clause or phrase thereof, irrespective of the fact that one or more parts,
sections,subsections,sentence,clauses or phrases be declared invalid.
C. Amendments to the Agreement. This Agreement may be amended, at anytime,
upon agreement of the parties hereto.Such amendments shall be in writing,shall be
recorded with the County Clerk & 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 subject to the amendment unless otherwise
specified in the amendment.
In addition,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
amending Owner's portion of the Property. Such amendments shall be in writing,
shall be recorded with the County Clerk&Recorder of Weld County,Colorado,shall
be covenants running with the land,and shall be binding upon all persons or entities
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having an interest in the Property subject to the amendment unless otherwise
specified in the amendment.
D. Binding Effect; Notice of Transfer. This Agreement shall be binding upon and
inure to the benefit of the parties, their successors in interest, or their legal
representatives,including all developers,purchasers and subsequent owners of any
•
lots or parcels within the Property,and shall constitute covenants running with the
land. This Agreement shall be recorded with the County Clerk&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. Every
provision of this Agreement that applies to Owner shall also apply to Owner's
successors and assigns.
Owner shall provide to the Town written notice of any proposed transfer of title to all
or any portion of the Property. Owner and Owner's successors and assigns in interest
shall be jointly and severally liable for the obligations of Owner under this
Agreement until written acceptance by the Town Administrator of the proposed
transfer of title, which acceptance shall not be unreasonably withheld or delayed.
Owner's rights and obligations under this Agreement shall terminate upon the
completion of:1)the Town's acceptance of the transfer of title,and 2)the transfer of
all of Owner's interest in the Property.
E. Indemnification.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 attorney's 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
Erie'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.
F. Termination.If the annexation of the Property is,for any reason,not completed then
this Agreement shall be null and void and of no force and effect whatsoever.
G. No Right or Remedy of Disconnection.No right or remedy of disconnection of the
Property from the Town shall accrue from this Agreement,other than provided by
applicable state laws. In the event the Property or any portion thereof is disconnected
at Owner's request, the Town 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.
H. Annexation and Zoning Subject to Legislative Discretion. The Owner
acknowledges that the annexation and subsequent zoning of the Property are subject
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to the legislative discretion of the Board of Trustees of the Town. No assurances of
annexation or zoning have been made or relied upon by the Owner,except that the
Owner has reserved the right in its annexation petition to withdraw its annexation
petition if the Town does not approve a zoning designation for the Property
acceptable to Owner. In the event that the Town of Erie Board of Trustees, in the
exercise of it's legislative discretion,does not take any action with respect to the
Property herein contemplated, then the sole and exclusive remedy for the breach
hereof accompanied by the exercise of such 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.
Legal Discretion in the Case of Challenge.The Town reserves the right to not
defend any legal challenge to this annexation,In the event such a challenge occurs
prior to any expiration of any statute of limitation,Erie may,at its discretion,choose
to legally fight the challenge or allow the challenge to proceed without defense.This
does not restrict the Owner from engaging the Town's legal representatives in such a
defense,at no cost to the Town.
J. Application of Town Policies.Upon annexation,all subsequent development of the
Property shall be subject to and bound by the applicable provisions of Erie
ordinances,as amended,including public land dedications,provided however,that
changes or amendments to the Code,after the date of this Agreement shall in no way
limit or impair Erie's obligation hereunder, except as specifically set forth in this
Agreement.
K. Amendments to Governing Ordinances,Resolutions and Policies.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.
L. Remedies. It is understood and agreed by the parties that the Town shall have all
available remedies for breach of this Agreement in law or in equity,including but not
limited to specific performance and damages. In the event of breach or default by the
Town, the sole remedy hereunder for Owner shall be the equitable remedies of
specific performance or injunction. Owner,it successors and assigns,hereby waive
any rights to money damages for any such breach or default
M. Legal Fees.In the event that either party finds it necessary to retain an attorney in
connection with a default by the other as to any of the provisions contained in this
Agreement,the defaulting party shall pay the other's reasonable attorney's fees and
costs incurred in enforcing the provisions of this Agreement.
N. Reimbursement for Other Costs. The Owner shall reimburse the Town for any
third party costs necessary for the orderly and proper development of the Property,
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including but not limited to consultant's fees for planning and engineering, and
attorney's fees for legal services beyond the normal document review, which is
directly linked to the Property. Such third party costs shall not include any charges
for the employees of the Town.
O. Avigation Easements. Owner agrees to provide the Town with an executed
avigation easement (which avigation agreement shall not be recorded until the
Property is annexed to Erie)upon mayor's signature to this Annexation Agreement,
which provides the Town an easement for the operation of aircraft to and from the
Erie Municipal Airport,within the airspace of the Owner's property. In the event the
annexation of the Property is,for any reason,not completed then such unrecorded
avigation agreement shall be deemed to be null and void and shall be immediately
returned to Owner.
P. Oil and Gas Access Roads.All oil and gas access roads located on the Property will
be considered a current obligation between the Owner and the oil and gas
company(s). The Owner shall enter into Surface Use Agreements, that shall be
recorded against the Property, with the oil and gas companies and mineral rights
owners for a relocation plan of wells,future drilling sites,collector lines,tanks and
batteries,and access roads.The Owner shall be responsible for providing screening,
fencing and road access, in conformance with the Code. The Town shall not be
responsible for any maintenance of any current oil and gas access road.
Q. Cooperation. 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.
R. Timely Submittal of Materials.Owner agrees to provide legal documents,surveys,
engineering work, newspaper publication, maps, reports and other documents
necessary to accomplish the annexation of the Property and the other provisions of
this Agreement.
S. Compliance with State Law. The Owner and the Town shall comply with all
applicable State law and regulations.
T. Recording of Agreement.This Agreement shall be recorded in the records of the
Weld County Clerk and Recorder.
XIII. COMPLETE AGREEMENT. This instrument embodies the whole agreement of the
parties. 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. Except as provided herein
there shall be no modifications of this Agreement except in writing,executed with the same
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formalities as this instrument.Subject to the conditions precedent herein this Agreement may
be enforced in any court of competent jurisdiction.
By this acknowledgment,the undersigned hereby certify that the above Agreement is complete
and true and entered into of his/her/its/their own free will and volition.
[SIGNATURES ON FOLLOWING PAGE]
OWNER:
TC ENTERPRISES,LLC,a Colorado limited liability
company
Date: .o o V./0
An aikovsky,Mana
STATE OF COLORADO )
)ss.
COUNTY OF ficsIt yu,v-1 )
The foregoing instrument was acknowledged before me this flay of 1%0Sd2 ,
2010 by Andy Chaikovsky as Manager of TC ENTERPRISES,LLC.
My commission expires:
WitnnQ My hand anal.,A6,.:..1 a
JAMES R.SPEHALSKI Notary Public
NOTARY PUBLIC - -STATE OF COLORADO TOWN:
�AAy ConrNalon Willis Apra 18,2012 TOWN OF ERIE,a municipal corporation
By: Date:
Joseph A.Wilson,Mayor
ATTEST:
Nancy J. Parker,Town Clerk Date
STATE OF COLORADO )
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this_day of
2010 by Joseph A.Wilson and Nancy J.Parker,Mayor and Town Clerk,respectively,of the
TOWN OF ERIE.
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