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Home My WebLink About20100069.tiff r Firestone A Community H•tl4Y In Motion \Ins December 30, 2009 Clerk of the Weld County Board Frederick Area Fire Longmont Conservation of County Commissioners Protection District District P.O. Box 758 P.O. Box 129 9595 Nelson Road, Box D Greeley, CO 80632 Frederick, CO 80530 Longmont, CO 80501 Bruce Barker, Esq. Mountain View Fire St. Vrain and Left Hand Water Weld County Attorney Protection District Conservancy District 915 10th Street 9119 County Line Rd. 9595 Nelson Rd, Box C Greeley,CO 80632 Longmont, CO 80501 Longmont, CO 80501 St. Vrain Sanitation District Town of Frederick City of Dacono 11307 Business Park Circle P.O. Box 435 P.O. Box 186 Firestone, CO 80504 Frederick, CO 80530 Dacono, CO 80514 St. Vrain Valley School District City of Longmont Carbon Valley Recreation District 395 South Pratt Parkway 350 Kimbark Street 701 5th Street Longmont, CO 80501-6499 Longmont, CO 80501 Frederick. CO 80530 Central Weld County Water District Weld Library District Left Hand Water District 2235 2nd Avenue 2227 23rd Avenue P.O. Box 210 Greeley, CO 80631 Greeley, CO 80631 Niwot, CO 80544 Northern Colorado Water Longs Peak Water District Conservancy District 9875 Vermillion Road 220 Water Avenue Longmont, CO 80504 Berthoud, CO 80513 Dear Sir or Madam: Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be known as the Heintzelman Pit Annexation Nos. 1,2 and 3. The Public Hearing on the proposed annexation is scheduled for Thursday,January 28,2010 at 7:00 p.m.,as described in the enclosed Resolution No.09-41. Also enclosed is a copy of the Petition for Annexation as filed,the notice published in the Daily Times-Call on December 22, 2009 and a vicinity map of the Annexation TOWN OF FIRESTONE, COLORADO Judy Hegwood, Town Clerk Iu lcR—014.-1. UI1, CM( .S.c€ ft ( l ( / a 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 2010-0069 RESOLUTION NO. 09- `j A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO,KNOWN AS THEI[EINTZELMAN PITANNEXATIONNOS. 1,2 AND 3 TO THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as thellieintzelrnan Pit Annexation Nos. 1, 2 and 3 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,COLORADO: Section 1. The petition,the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference,is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(l)(g),-110(2) or-112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition,at the Firestone Town Hall, 151 Grant Avenue,Firestone,Colorado 80520, on Thursday,January 28, 2010 at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution,its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met,and further,will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations proper under the laws of the State of Colorado,the Board of Trustees may pass one or more ordnances annexing the subject property to the Town of Firestone,and will pass one or more ordinances zoning the subject proper 'ifrequested in the petition. INTRODUCED, READ, and ADOPTED this 10th day of December, 2009. s •�F car • Chad Auer TOWN_ OWN . Mayor ATTEST: vy SEAL ";e Cp""•. r' R fOUNn,c,sO O7 Judyliegwood Town Cleric Cq/]0043 7J".I�HJr]S:Arun',,,,A,,nrpdama lu,oc:v,,u SubCovp' doc 2 EXHIBIT A LEGAL DESCRIPTION DESCRIPTION OF HEINTZELMAN ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29,COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH 89"41'37"WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°41'37 WEST,COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1595.43 FEET TO THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218, AT PAGE 29; THENCE COINCIDENT WITH THE SOUTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3) COURSES AND DISTANCES: 1) NORTH 74°49'43" EAST, A DISTANCE OF 1261.88 FEET; 2) NORTH 55°11'43" EAST, A DISTANCE OF 67.11 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 41.59 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE SOUTH 00°24'19" EAST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32,A DISTANCE OF 2008.03 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 52.57 ACRES OR 2,289,949 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH89°41'37"WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF THE EAST 1/2 OF SAID SECTION 32; THENCE NORTH 00°24'19" WEST, COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 32,A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE NORTH 89°41'37 WEST, COINCIDENT WITH THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26,A DISTANCE OF 1285.44 FEET TO THE EAST RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 17 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°43'43"WEST,COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1647.06 FEET TO THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29; THENCE COINCIDENT WITH THE NORTH LINE OF THAT PROPERTY DESCRIBED IN SAID BOOK 218 AT PAGE 29 THE FOLLOWING THREE (3)COURSES AND DISTANCES: 1) NORTH 74°49'43" EAST,A DISTANCE OF 1240.35 FEET; 2) NORTH 55°11'43" EAST, A DISTANCE OF 45.63 FEET; 3) NORTH 26°24'53" EAST, A DISTANCE OF 127.66 FEET TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 00°24'19"WEST,COINCIDENT WITH THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 32,A DISTANCE OF 481.85 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 32; THENCE NORTH 00°35'14" WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 1689.88 FEET; THENCE SOUTH 26°01'17"WEST,A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 89°16'17"WEST, A DISTANCE OF 60.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE SOUTH 00°43'43"EAST,COINCIDENT WITH THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, A DISTANCE OF 1678.98 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE SOUTH 89°41'37" EAST, COINCIDENT WITH THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26, A DISTANCE OF 60.01 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 36.75 ACRES, OR 1,600,830 SQUARE FEET, MORE OR LESS. DESCRIPTION OF HEINTZELMAN PIT ANNEXATION NO.3 TO THE TOWN OF FIRESTONE A PORTION OF LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMPANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE EAST 1/2 OF SAID SECTION 32 TO BEAR NORTH 89°41'37"WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF THE EAST 1(2 OF SAID SECTION 32; THENCE SOUTH 00°35'14" EAST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°35'14" EAST, COINC IDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 32,A DISTANCE OF 936.91 FEET; THENCE SOUTH 26°01'17"WEST, A DISTANCE OF 2897.32 FEET TO THE EAST RIGHT-OF- 4 WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17,A DISTANCE OF 2511.59 FEET TO THE SOUTH LINE OF LOT A OF SAID RE-524; THENCE NORTH 89°16'17" EAST, COINCIDENT WITH THE SOUTH LINE OF LOT A OF SAID RE-524,A DISTANCE OF 220.00 FEET TO THE SOUTHEAST CORNER OF LOT A OF SAID RE-524; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST LINE OF LOT A OF SAID RE-524 AND PARALLE WITH THE WEST LINE OF THE EAST 1/2 OF THE EAST! OF SAID SECTION 32,A DISTANCE OF 413.15 FEET TO THE NORTHEAST CORNER OF LOT A OF SAID RE-524; THENCE SOUTH 89°16'17"WEST, COINCIDENT WITH THE NORTH LINE OF LOT A OF SAID RE-524, A DISTANCE OF 220.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE NORTH 00°43'43" WEST, COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17,A DISTANCE OF 617.61 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THENCE SOUTH 89°55'50" EAST, COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28, A DISTANCE OF 1306.52 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 64.99 ACRES OR 2,830,964 SQUARE FEET, MORE OR LESS. 5 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the Town of Firestone and its Board of Trustees for annexation to the Town of Firestone of the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to be known as the Heint ze loran Pit - 116 Annexation to the Town of Firestone. As part of this petition, your petitioners further state to the Board of Trustees that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone or will be contiguous with the Town of Firestone within such time as required by Section 31-12- 104. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two 1 EXHIBIT M hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is 152 acres in total area. k. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Firestone; and the proposed land uses for the area; such plan to be updated at least once annually. 1. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. m. If required, an impact report will be prepared and filed pursuant to Section 31-12-108.5, C.R.S. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one-hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the 2 EXHIBIT M facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared by and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Firestone and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except for general property taxes of the Town of Firestone, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is MU . The petitioners agree that said annexed land shall be brought under the provisions of Title 17 of the Firestone Municipal Code within ninety (90) days from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the Town of Firestone to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the Town, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the Town. 8. If required by the Town, an annexation agreement has been or will be executed by the petitioners herein and the Town of Firestone relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 3 EXHIBIT M 9. The petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the Town, appear on the annexation map: a. Water rights shall be provided pursuant to Town Ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the Town of Firestone, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. 4 EXHIBIT M AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Firestone, Colorado, consisting of 7 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. ;eV Circulator ACKNOWLEDGMENT STATE OF COLORADO ) )ss COUNTY OF 1/Je Id � ,�The above d foregoing Affidavit of Circulator was subscribed and sworn to before me this la?day of jr.,List- , 200j.. Witness my hand and official seal. My commission expires on: /U 3/ /a Notary Public glao 6 ,0 3-51, Address �.(77E ;c ; (2O gcsil (SEAL) 5 EXHIBIT M \ fix � ] a \� 4e2ams _ 7f ] - o \ j \ » )\ ( % tee] ) ) « 2 ) ) \) 0 ) \ k 0 ) ± m22 0 000 ® \ *a ( ) 0 Ga � ] [ § \ § -0 ® E-4 0 * \) \ \ cl ~ © 0 / g � | es ® ^ k ) 2do \ ) ) jq § \ § EA \ G \� Ile \ \\ j 7 ] / Q » $ 4.1 0 ) cn � \] \ \ / •« m « c°4 1 ( ) o it 2 2a EXHIBIT A VARRA CO., INC. HEINTZE LMAN PIT PROPERTY DESCRIPTION: AS TAKEN FROM DEED RECORDED OCTOBER 7, 2002 IN THE RECORDS OF THE OFFICE OF THE CLERK AND RECORDER FOR WELD COUNTY COLORADO AS RECEPTION NO. 2993659. LOT B OF RECORDED EXEMPTION NO. 1209-32-1-RE524, RECORDED DECEMBER 15, 1981 IN BOOK 955 AS RECEPTION NO. 1877097, BEING A PART OF THE EAST 1/2 OF THE EAST 1/2 OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO THE BOULDER AND WELD RESERVOIR COMP ANY BY DEED RECORDED JUNE 2, 1904 IN BOOK 218 AT PAGE 29, COUNTY OF WELD, STATE OF COLORADO. nay Nero leer NI�MP VOW subliminal compliance PR O PERT* DE- SAID SE CTION i2,-A ��a with the applicable laws SCRIBED IN SAID DISTANCE OF 30.00 to District Court of Boul- Trustees concludes, by 127.66 FEET_TO.THE of the State of Colorado, BOOK 218 AT PAGE 29 FEET TO TICE SOUTH der,County.Colorado on resolution, that all EAST !LINE'OF'TYRE and comprehensive clan. THE FOLLOWING RIGHT-0P-WAY LINE or before May 10,2010.or statutory requirements SOUTHEAST 1/4 OF zoning, Subdivision and THREE (3) COURSES OF WELD COUNTY , the claims may be for- have been met and that SAID:-SECTION,.32: develoomeni amnestied AND DISTANCES: ROAD 2$ AND THE ever barred. the proposed annexation THENCE •t50 R T H materials are on Me and 1) NORTH 74'60'45' TRUE POINT O F Personal Representative is grocer under the laws 00°24'19' WEST;' CO- available for oubllc EAST, A DISTANCE OP BEGINNINOt THENCE Blake Munro of the State of Colorado, INCIDENT WITH ;THE p,Weslien letM MOOD M 1363Ae PEMh CONTiNu1No SOUTH 5275 Lichen Place the Board of Trustees EAST LINE OF THE me'rprmClegt,la1 Oran 2) NORTH 11111'42* 0035'14 EAST. CO• Boulder,CO 80302 may pass one or more SOUTHEAST 164 OF /wawa., Firestone, CO MAST A DNTANCE OF INCIDENT WITH THE Published in the Times- ordinances annexing the SAID SECTION '31, A 89550, during regular 67.11 MEET: EAST LINE OF THE Call,Longmont,Colorado subject property to the DISTANCE OF 4ela5 business hours. 3) NORTH 26'24'53' NORTHEAST 1/4 OP December 8,15,22,2009 Town of Firestone, and FEET TO' THE Dated the 16th day of EAST,A DISTANCE OF SAID SECTION at. A will pass one or more or NORTHEAST CORNER December,2009. 41.59 FEET TO THE DISTANCE OP 1,16.91 dinances zoning the sub- OF THE SOUTHEAST TOWN OF FIRESTONE, EAST LINE OF THE FEET;THENCE SOUTH TOWN OF tact property if requested 1/4 OF SAID SECTION COLORADO SOUTHEAST 1/4 OF 26°01'17' WEST, A 015- FIRESTONE, in the petition. 32; THENCE NORTH Judy Redwood SAID SECTION 32; TANCEOF2S9ATJFEET COLORADO INTRODUCED, READ, 00'35'14 WEST, 'CO- Town Clerk THENCE SOUTH TO THE EAST RIGHT- NOTICE OF and ADOPTED this 10th INCIDENT WITH -TH/E RESOLUTION NO.09-41 00'21'19' EAST, CO- OF-WAY LINE OF PUBLIC HEARING day of December,2009. EAST LINE OF THE A RESOLUTION FIND- INCIDENT WITH THE WELD COUNTY ROAD Notice is hereby given Chad Auer NORTHEAST 1/4 OF ING SUBSTANTIAL EAST LINE OF THE 17; THENCE NORTH that the Town of Fire- Mayor SAID SECTION 32, A COMPLIANCE FOR AN SOUTHEAST 1/4 OF 00°43'43' WEST, CO • - stone Planning and Ton- ATTEST: DISTANCE OF 1689.88 ANNEXATION P TI- SAID SECTION 32, A INCIDENT WITH THE ;no Commission will hold Judy Hegwood FEET;THENCE SOUTH TION FILED WITH THE DISTANCE OF 2008.03 EAST RIGHT-OF-WAY a Public Hearing Town Clerk 26°01'17' WEST, A PIS- TOWN OF FIRESTONE, FEET TO THE TRUE LINE OF WELD commencing at 7:IN p.m., EXHIBIT A TANCE OF 2897.32 FEET COLORADO.KNOWN AS POINT OF BEGINNING. COUNTY ROAD 17. A Wednesday, January 20, LEGAL DESCRIPTION TO THE EAST .RIGHT- THE HEINTZELMAN SAID PARCEL CON- DISTANCE OF 2511.59 2010 at the Firestone DESCRIPTION OF OF-WAY LINE OF PIT ANNEXATION NOS. TAINS 52.57 ACRES OR FEET TO THE SOUTH Town Hall, 151 Grant H E I N T Z E L MAN WELD COUNTY ROAD 1, 2 AND 3 TO THE 2,289,949 SQUARE LINE OF LOT A OF Avenue, Firestone, Colo- ANNEXATION NO. 1 17; THENCE SOUTH TOWN OF FIRESTONE, FEET.MORE OR LESS. SAID RE-524; THENCE rado 80520- The purpose TO THE TOWN OF 89°16'17' WEST, A DIS- AND SETTING A PUB- DESCRIPTION OF NORTH 89'16.17 EAST, of the Public Hearing is FIRESTONE TANCE OF 60.00 FEET L I C HEARING HEINTZELMAN PIT COINCIDENT WITH to consider a request for A PORTION OF LOT B TO THE WEST RIGHT- THEREON. ANNEXATION NO.2 THE SOUTH LINE OF zoning of property pro- OF RECORDED OF-WAY LINE OF WHEREAS, a petition TO THE TOWN OF LOT A OF SAID RE-524, posed to be annexed to EXEMPTION NO. 1209- WELD COUNTY ROAD for annexation of certain FIRESTONE A'DISTANCE OF 22000 the Town and known as 32-1-RE524. RECORDED 17: THENCE SOUTH property to be known as A PORTION OF LOT B FEET TO THE the Helnfzelmen Pit DECEMBER 15, 1981 IN 00°43'43' EAST, CO. the Nelntzelman Pit 0 F RECORDED SOUTHEAST CORNER' Annexation Nos. 1,2 and BOOK 955 AS RECEP- INCIDENT WITH THE Annexation Nos.1.2 and EXEMPTION NO. 1209- OF LOT A OF SAID RE- 3 and to consider a re- TION NO. 1877097, BE- WEST RIGHT-OF-WAY 3 has been filed with the 32-1-RE524. RECORDED 524; THENCE NORTH Guest for approval of an ING A PART OF THE LINE OF WELD Town Clerk of the Town DECEMBER 15, 1981 IN 00°43'43' WEST, C0- Outline Development EAST 1/2 OF THE EAST COUNTY •ROAD 17, A of Firestone, Colorado, BOOK 955 AS RECEP- INCIDENT WITH THE Plan for the property. 1/2 OF SECTION 32, DISTANCE OF 1678.98 and referred to the Board TION NO. 1877097, BE- EAST LINE OF LOT A The existing zoning Is TOWNSHIP 3 NORTH, FEET TO THE NORTH of Trustees of the Town ING A PART OF THE OF SAID RE-524 AND Weld County Agricul- RANGE 67 WEST OF RIGHT-OF-WAY LINE for a determination of EAST 1/2 OF THE EAST PARALLEL WITH THE rural. The zoning re- THE 6TH P.M., OF WELD COUNTY substantial compliance 1/2 OF SECTION 32. WEST LINE OF THE guested Is Planned Unit EXCEPTING ROAD 26; THENCE with applicable law; and TOWNSHIP 3 NORTH, EAST 1/2 OF THE EAST Development, with rest- THEREFROM A PAR. SOUTH 89°41'37' EAST, WHEREAS, the Board RANGE 67 WEST OF 1/2 OF SAID SECTION denial and Commercial CEL OF LAND CON- COINCIDENT WITH of Trustees wishes 10 per- THE 6TH P.M., 32, A DISTANCE OF land uses. 1 VEYED TO THE SOUL- THE NORTH RIGHT-OF- mit simultaneous conaid- EXCEPTING 413,15 FEET TO THE Further Notice Is hereby DER AND WELD WAY LINE OF WELD eratlon of the subiect THEREFROM A PAR- NORTHEAST CORNER given that the Board of RESERVOIR COMPANY COUNTY ROAD 26, A property for annexation CEL OF LAND CON- OF LOT A OF SAID RE- Trustees of the Town of. BY DEED RECORDED DISTANCE OF 60.01 and zoning, if requested VEYED TO THE SOUL- 524; THENCE SOUTH Firestone will holds Pub- JUNE 2, 1904 IN BOOK FEET TO THE- TRUE in the petition; and DER AND WELD 89°16.17' WEST, Co- lic Hearing commencing 218 AT PAGE 29. POINT OF BEGINNING. WHEREAS, the Board RESERVOIR COMPANY INCIDENT WITH THE at 7:00 p.m., Thursday. COUNTY OF WELD, SAID PARCEL CON- of Trustees has reviewed BY DEED RECORDED NORTH LINE OF LOT A January 28. 2010 at the STATE OF COLORADO. TAINS 36.75 ACRES. OR the Petition and desires to JUNE 2, 1904 IN BOOK OF SAID RE-524,A DI 5' Firestone Town Hall,151 MORE PARTICULARLY 1,600.830 SQUARE adept by Resolution its 218 AT PAGE 29, TANCE OF 220.00 FEET Grant Avenue.Firestone, DESCRIBED AS FOL- FEET.MORE OR LESS. findings In regard to the COUNTY OF WELD, TO THE EAST RIGHT- Colorado 80520. The pur- LOWS: DESCRIPTION OF petition. STATE OF COLORADO. OF-WAY LINE OF pose of the Public Hear- CONSIDERING THE HEINTZELMAN PIT NOW, THEREFORE, MORE PARTICULARLY WELD COUNTY ROAD Ina is (1) to determine SOUTH LINE OF THE ANNEXATION NO. 3 BE IT RESOLVED BY DESCRIBED AS FOL- 17; THENCE NORTH whether certain property EAST 1/2 OF SAID SEC- TO THE TOWN OF THE BOARD OF LOWS: 00°43'43' WEST, CO- for which petitions for TION 32 TO BEAR FIRESTONE TRUSTEES OF THE CONSIDERING THE INCIDENT WITH THE annexation hay! been NORTH 89°41'37' WEST, A PORTION OF LOT B TOWN OF FIRESTONE. SOUTH LINE OF THE EAST RIGHT'OF-WAY flied with the Town.to be WITH ALL BEARINGS OF RECORDED COLORADO: EAST 1/2 OF SAID SEC- LINE OF WELD known as the Heint- CONTAINED HEREIN EXEMPTION NO. 1209- Section 1. The petition. TION 32 TO BEAR COUNTY ROAD 17, A adman Pit Annexation RELATIVE THERETO; 32-1-RE524, RECORDED the legal descriptions for NORTH 89°41'37' WEST, DISTANCE OF 617.61 Nos. 1, 2 and 3 to the COMMENCING AT THE DECEMBER 15, 1981 IN . which are attached WITH ALL BEARINGS FEET TO THE SOUTH Town of Firestone, meet SOUTHEAST CORNER BOOK 955 AS RECEP- hereto as Exhibit A and CONTAINED HEREIN RIGHT-OF-WAY LINE the applicable OF THE EAST 1/2 OF TION NO. 1877097, co- Incorporated herein by RELATIVE THERETO; OF WELD COUNTY requirements of the stet- SAID SECTION 32; ING A PART OF THE reference, is in substan' COMMENCING AT THE ROAD 28; THENCE utes of the State of Colo- THENCE NORTH EAST 1/2 OF THE EAST tial compliance with the SOUTHEAST CORNER SOUTH 89'55'50' EAST, rado and are eligible for 00°21'19' WEST, CO- 1/2 OF SECTION 32, applicable laws of the OF THE EAST 1/2 OF COINCIDENT WITH annexation to the Town, INCIDENT WITH THE TOWNSHIP 3 NORTH, State of Colorado. SAID SECTION 32; THE SOUTH RIGHT-OF- (2)to determine the son- EAST LINE OF THE RANGE 67 WEST OF Section 2:No election is THENCE NORTH WAY LINE OF WELD ing for the proposed SOUTHEAST 1/4 OF THE 6TH P.M. repuired under 4 00°24'19' WEST, CO- COUNTY ROAD 28, A annexations, and (31 to SAID SECTION 32, A E X C £ P T I N d 31-12-107(2),C.R.S. INCIDENT WITH THE DISTANCE OF 1306.52 consider a request for ap' DISTANCE OF 30.00 THEREFROM A PAR- Section 3, No additional EAST LINE OF THE FEET TO THE TRUE oroval of an Outline FEET TO THE NORTH CEL OF LAND CON- terms and conditions are SOUTHEAST 1/4 OF POINT OF BEGINNING. Development Plan for the RIGHT-OF-WAY LINE VEYED TO THE SOUL- to be imoosed within the SAID SECTION 32, A SAID PARCEL CON- Orooerty. The existing OF WELD COUNTY DER AND WELD meaning of Sections 3A DISTANCE OF 30.00 TAINS 64.99 ACRES OR zoning IS Weld County Ag' ROAD 26 AND THE RESERVOIR COMPANY 12-101ii)(a), -110(2) or FEET TO THE NORTH 2,830,964 SQUARE rlgdtural.The zoning re- TRUE POINT OF BY DEED RECORDED -112,C.R.S. RIGHT-OF-WAY LINE FEEt.MORE OR LESS. Guested is Planned Unit BEGINNING; THENCE JUNE 2, 1904 IN BOOK Section 4. The Board of OF WELD COUNTY Published in'the Times- Development, with real. NORTH 89'41'37'WEST, 218 AT PAGE 29. Trustees will hold a pub- ROAD 26; THENCE Call,Longmont,Colorado denial and Commercial COINCIDENT WITH COUNTY OF WELD, lie hearing for the pur. NORTH 89°41'37' WEST, December 22,29,2009 and land uses. THE NORTH RIGHT-OF. STATE OF COLORADO. pose of determining If the COINCIDENT WITH January 5,12,2010. Any person may appear WAY LINE OF WELD MORE PARTICULARLY proposed annexation THE NORTH RIGHT-OF' at the Public Hearings COUNTY ROAD 26, A DESCRIBED AS FOL- complies with Sections WAY LINE OF WELD and be heard regarding DISTANCE OF 1285.14 LOWS: 31-12-104 and 31:12-105, COUNTY ROAD 26, A the matters under Consid- FEET TO THE EAST CONSIDERING THE C.R.S., and will hold a DISTANCE OF 1215.64 eratlon.The aooroximate RIGHT-OF-WAY LINE SOUTH LINE OF THE puic mime the appro priate d er F et - EET TO THE O THE EAST ST location of the property Is OF WELD COUNTY EAST 1/2 OF SAID SEC- of the subject prop- OF WELD COUNTY the northwest corner of ROAD 17; THENCE TION 32 TO BEAR ing ing if reouested in the ROAD 17 AND THE L. . Zinnia Boulevard (Road NORTH 00°43'43'WEST, NORTH 89°41'37' WEST, 26) and Ingalls Street COINCIDENT WITH WITH ALL BEARINGS . petition, at the Firestone TRUE POINT OF (Road 17). The legal THE EAST RIGHT-OF- CONTAINED HEREIN Town Hall. 151 Grant BEGINNING; THENCE 1w -i. descriptions of the prop- WAY LINE OF WELD RELATIVE THERETO: Avenue, Firestone, Colo- NORTH 0043'43' WEST, ertv that is the subiect Of COUNTY ROAD 17, A COMMENCING AT THE rado 80520,on Thursday. COINCIDENT WITH the annexation request DISTANCE OF 1595.43 NORTHEAST CORNER January 28, 2010 at 7:00 THE EAST RIGHT-OF- III�. .' are set forth below in Ex- FEET TO THE SOUTH OF THE EAST 1/2 OF a.m. WAY LINE OF WELD 9 A of Resolution No. LINE OF THAT PROP' SAID SECTION 32; M Sion 5, Any person COUNTY ROAD 17, A 041 ,D 09-41. ERTY,DESCRIBED IN THENCE SOUTH may appear at such hear- DISTANCE OF 1647.06 Copies of the annexation SAID BOOK '218, AT 00°35'14' EAST, CO- ing and resent evidence FEET TO THE NORTH Petitions. resolutions PAGE 29; THENCE CO- INCIDENT WITH THE relative t to the proposed LINE OF THAT PROP- flndinp that the annex- INCIDENT WITH THE EAST LINE OF THE annexation, or the pro- ERTY DESCRIBED IN atlon petitions are in SOUTH LINE OF THAT NORTHEAST )/1.OF Dosed zoning if requested SAID BOOK 218 AT substantial atoneable compliance PROPERTY DE- SAID SECTION 32, A In the petition. PAGE 29; THENCE CO , with the aoonlfC$bte taws SCRI-BED IN SAID DISTANCE OF 30.00 Section 6,Upon complee INCIDENT WITH THE of BOOK 2 the State of Colorado, BOOK 211 AT PAGE 29 FEET TO THE SOUTH tlon of the hearing, the NORTH LINE OF THAT and comoreheMive plan, THE FOLLOWING RIGHT-OP-WAY LINE Board of Trustees will set PROPERTY DE- zsnm9. aubdiNsistl and THREE 3) COURSES OF WELD COUNTY forth, by resolution. its SCRIBED IN SAID dewetaomant M I 0 ANCTMr: ROAD 28 4'OAMPT THE findings and conclusions BOOK 218 AT PAGE 29 welU ItiNaeu�g /tat; `I 1 t VON Minty lyof reference to the ell- THE FOLLOWING O S MM asp Wblllre of the oproposedthe THREE COURSES IIIIITVENpNB, Egg 1 OM N Wire M A{ CO- annexation, and whether AND DISTANCES: fags pnalaM. CO tag na OP McNamar WITH THE the s.t a t u t o r v 1) NORTH 74.4943' $0530, durina regular 67.11 PE EAT LINE Of THE requirements for the pro- EAST.A DISTANCE OF - huNtNss Coon. 3) NORTH 26.24'53' NORTHEAST 1/4 OF posed annexation have 1210.35 FEET; Cin(°ni{ l�n Dated the nth day of EAST,A DISTANCE OF SAID SECTION 32, A been met. and further, 21 NORTH 55°11'43' J CIO J, iC, J December,2009. 41.59 FEET TO THE DISTANCE OP 936.91 will determine the appro' EAST,A DISTANCE OF TOWN OF FIRESTONE, EAST LINE OF THE FEET:THENCE SOUTH prlafe zoning of the sub- 15.63 FEET; COLORADO SOUTHEAST I/4 OF 26'01'17' WEST, A DI5- iectoroperty if repuesfed 3) NORTH 26°24'53' Judy Hegwcod SAID SECTION 32; TANCE Of 2897.32 FEET in Me petition EAST, A DISTANCE OF GT/(w Town Clerk THENCE SOUTH TO THE EAST RIGHT- Section 7.If the Board of RESOLUTION NO 09-41 00°24'19' EAST, CO. OF-WAY LINE OF , A RESOLUTION FIND- INCIDENT WITH THE WELD COUNTY-ROAD .ING SUB5TANTIAh EAST LINE_OF THE 17; THENCE NORTH ' . . •-. r R < _ " '_s _. I 5 18 - - O 0 i �ti II 0'. •A � Q1 i 1 If .'ON A4N'W.7 073M 3 \ I. -, . \\* \...,-. . r/t,07 '011Al noo 0134 • .• i H • AI i ._ . La H ((I • / ._. R. H �. .1 -. - t. . i d I. I 1 . .. I 1 Transmittal To Weld County Board of County Commissioners From Bruce Nickerson, Town Planner Subject Heintzelman Pit Annexation Nos. 1, 2 and 3 Impact Report Date January 6, 2010 Please see the attached Impact Report for the proposed Heintzelman Pit Annexation Nos. 1, 2 and 3 to the Town of Firestone. Please contact me if you have any questions. Firestone 151 Grant PO Box 100 Bruce Nickerson Firestone, Colorado 80520 bruce@nickersonco.com (303) 833-3291 FAX 833-4863 (303) 422-7393 FAX 422-7834 1 Annexation Impact Report Heintzelman Pit Annexation Nos. 1, 2 and 3 Town of Firestone Weld County Colorado January 6, 2010 Heintzelman Pit Annexation To the Town of Firestone Weld County, Colorado I. Project Description The location of the proposed Heintzelman Pit Annexations 1, 2 and 3 are shown on the Annexation Maps (Attachment A). The area to be annexed includes approximately 2.31 acres of Weld County right-of-way and approximately 152 acres of predominately vacant land in unincorporated Weld County. In conjunction with the proposed annexation, the zoning for the subject property is anticipated to change from Weld County Agricultural zoning to Town of Firestone Planned Unit Development zoning with Residential-A ("R-A"), Residential-B ("R-B") and Neighborhood Commercial ("NC") land use categories. The proposed Outline Development Plan is shown in Attachment B. Current use of the property includes agricultural activities with related accessory uses. The Firestone Town Board will review the annexation and zoning proposals in relation to the Town's current land use and development policies. The land uses proposed are generally consistent with the Firestone Master Plan. A referral relative to the proposed land use for the property will be sent to the Weld County Planning Department for comments. The Town's current boundaries are shown in Attachment C. II. Municipal Services Municipal services for Heintzelman Pit Annexations 1 , 2 and 3 are anticipated to be provided in the following manner at the time of development of the property: Electricity United Power Natural Gas Source Gas Telephone Qwest Water Town of Firestone Sewer St. Vrain Sanitation District Fire Frederick Firestone Fire Protection District Police Firestone Police Department Financing for the extension of and/or the improvement of the municipal services will primarily be the responsibility of the property owner/developer, Heintzelman Pit Annexations 1,2 and 3 Impact Report 1 through appropriate agreements and financing and completion guarantees. Additional funding for provision of municipal services provided by the Town will be financed through impact fees, taxes, charges and/or special improvement districts, if necessary. The owner/developer will primarily be responsible for the costs of water and service facilities serving the property. The Outline Development Plan generally shows approximate existing or planned locations of ditches, transportation facilities, water and sewer facilities and other known utilities. Access to the property is required to comply with the Town's Access Code. III. Special Districts The area proposed to be annexed is within or will petition for inclusion into the following special districts as may be directed by the Town: • Weld Library District • Weld County RE-1 School District • Northern Colorado Water Conservancy District • Frederick Firestone Fire Protection District • St. Vrain Sanitation District • Carbon Valley Recreation District IV. School District Impact A referral regarding this annexation and the currently proposed land uses will be sent to the Weld RE-1 School District for comments. The response, from the School District should be forthcoming. The density of the proposed annexation is still being considered by the Town. At the proposed maximum density it is estimated that there will be 134 elementary, 61 middle, and 67 high school students, for a total of 261 students, generated from the proposed development. V. Annexation Agreement Although all the details of an annexation agreement between the Town and the applicant have not been negotiated, the Town of Firestone's form annexation agreement is attached as Exhibit D. Heintzelman Pit Annexations 1,2 and 3 Impact Report 2 VI. Attachments A. Annexation Map Annexation maps B. Outline Development Plan Proposed land use map for the annexation C. Current Town Boundary Current Town boundary map D. Annexation Agreement Firestone's form Annexation Agreement Heintzelman Pit Annexations 1, 2 and 3 Impact Report 3 ATTACHMENT A LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. ATTACHMENT B LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. ATTACHMENT C 1 O ai 9dk, �Q E W ,. i k,.,, Iti 4rfi 7 r k i '''''.‘"" • ii ET:, -4„,,. MU , A k , -. ,..„ g. {�/i 4 il� y Iry4• ,-,, ."'7774:r'''' 1. ''-.4:1..i.:44-'4,11 . ,, , , ,,... .6 rii?.. :4. 7 -- li , Arvv-v-c il,,T • 1 iv,: p li h EN 1,1114m ' ,,,, . 1,4116 ,, ,„...o.ft„, * ,'"-'' '•-•'-'1,1i 'Zliri,.. M Lis, I +t :irl ��iii'_ ■ u 4.1, s k J� )g '1 �`,1� � `rsi` �Yr✓ ' ^� • tea!4, �. '��ii dY Apr : 1..y s 1 r.+�.., �" (Z" ;2 ,,.., i., I fyt ',..,. s.. 46. ' v oilawr i EA. "41A I - 171014'4V1 • reli io t e siFrN''-- ', ' il Wri ii„.li.' .1.010 ,., ' Elf Vjp% �� r tZr n. t" i t ''+at. n :1 an L $ f1L r 1r .. ' _at w • 8 Q 4 p . A..--3 \ . J yam. 8 W _ J l , 1 . .1 '' r j .at-- -*- •••1 lit , 4 ii liss. 4 W 1 Z h i kl [� �i�.�lj i4L l�t: =_�1 iscn ilii�9a giiii i f I. M iii 4 �.� ,` [7� !! e Ems.•4'`., r_lic 4.4 , . II 1111101111U I. ev 1 's I:' ' 0 „ teltia k. 1 ATTACHMENT D ANNEXATION AGREEMENT (Standard Form May 6,2002) THIS AGREEMENT is made and entered into this day of by and between , hereinafter referred to as or "Owner," and the TOWN OF FIRESTONE, a municipal corporation of the State of Colorado,hereinafter referred to as "Firestone" or"Town". WITNESSETH: WHEREAS, the Owner desires to annex to Firestone the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as "the property");and WHEREAS, Owner has executed a petition to annex the property,a copy of which petition is on file with the Town Clerk;and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement;and . WHEREAS, Owner acknowledges that upon annexation,the property will be subject to all ordinances, resolutions, and other regulations of the Town of Firestone, as they may be amended from time to time;and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property,including but not limited to property for ways and easements to Firestone as contemplated in this Agreement, are directly related to and generated by development intended to occur within the property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Tncnrpnration of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 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 Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the 1 EXHIBIT N Municipal Annexation Act of 1965,as amended,C.R.S. Section 31-12-101 et seq. 3, Further Arts Owner agrees to execute, promptly upon request of Firestone, any and all surveys and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the property or any petition for an annexation election relating to the property, except upon request of Firestone. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Firestone to be necessary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation impact report. 5. Action on Annexation Petition Firestone shall act upon the annexation petition within six months of the date of filing thereof with the Town Clerk,unless Owner consents to later action. 6. Zoning and Development The parties recognize that it is the intent and desire of Owner to develop the property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Firestone is a condition to annexation of the property. Owner shall take all action necessary to permit zoning by Firestone of the annexed property within the time prescribed by state statutes. 7. Dedirations. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town, ten percent of the territory to be annexed for public open space or pay an equivalent fee in lieu of dedication,in addition to easements and rights- of-way for streets and other public ways and for other public purposes, as required by Town ordinances and resolutions. Such dedications shall occur immediately upon request of the Town except that internal rights-of-way shall be dedicated at the time of subdivision platting, the Town specifies another time. 8. Public Improvements. Owner agrees to design, improve, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with Town ordinances and resolutions_ and other applicable standards, subject to any reimbursement which may be provided for o such ordinances esolutiresolutions,sa standards, and to make such other improvements as required by Town to guarantee construction of all required improvements, and, if requested by Firestone, to dedicate to Firestone any or all other required improvements.suchimprovementsfrequested and other matters O prior any wnor agrees enter into an agreement pertaining development of the property. 2 EXHIBIT N 9, Improvement Districts. If requested by Firestone, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Firestone for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as Owner's attorney-in-fact for the purpose of executing all documents determined by Firestone to be necessary for such inclusion. If requested by Owner,Firestone agrees to consider the establishment of one or more special improvement districts for making such improvements. 10. Conformity with Taws. Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with, all Town ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to Town Streets and flood control. 11. No Repeal of Taws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative,governmental, or police powers to promote and protect the health, safety,and welfare of the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. 12. Disronnection.No right or remedy of disconnection of the property from the Town shall accrue from this Agreement,other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Firestone shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 13. Severahility The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado,the validity of the remaining parts,terms,portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part,term,portion,or provision held to be invalid. 14. Municipal Services. Firestone agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the Town which services include, but are not limited to,police protection and water services. Water service to the property shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules, regulations, agreements and policies governing such use, as in effect from time to time. Owner acknowledges that Town services do not include, as of the date of the execution of this Agreement, fire protection, emergency medical services or sanitary sewer services, but the property is presently _ included within the boundaries of and is entitled to receive such services from the Fire Protection District and the Sanitation District. 15. Water Rights. Owner shall dedicate water rights as set forth in this section. 3 EXHIBIT N • A. Residential Ticec. Owner, as a prerequisite to annexation, agrees to furnish and transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.A of the Firestone Municipal Code with respect to any residential development on the property. All such water transferred to the Town shall be Northern Colorado Water Conservancy District/Colorado Big-Thompson water shares or such other shares as the Town in its sole. discretion may accept. Title to the required water rights, free and clear of all liens and encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any residential area. No subdivision plat shall receive final approval until the Town becomes the titled owner of all water required for the platted area. B. Commercial and Industrial T ises. Owner, as a prerequisite to annexation,agrees to furnish and transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.B of the Firestone Municipal Code with respect to any portion of the property zoned commercial or industrial. This requirement shall be met.at the time of annexation. If no portion of the property is zoned at.the time of annexation for commercial or industrial use, the requirements of this subsection B shall be met at the time of rezoning of any portion of the property for commercial or industrial use. C. Appurtenant Water Pightc/Right of First Refusal. Owner represents that there are appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and set forth on Exhibit "B", which is attached hereto, incorporated herein, and made a part hereof (hereinafter referred to as "the Water Rights"). Owner further represents that the Water Rights constitute all of the water rights appurtenant to the Property, that the Water Rights are and will be used in connection with current uses of the Property until the Property is developed. If the Owner at any time determines to sell or transfer all or any portion of the Water Rights for any use other than a use upon the Property;then the Owner shall provide the Town with written notice of Owner's intent to make such a sale or transfer. The notice shall include a description of the Water Rights proposed for sale or transfer,the proposed sale or transfer price, and all other material terms and conditions of the proposed sale or transfer. For a period of sixty(60)days after receipt of such notice, the Town shall have the first right to purchase the Water Rights intended for sale or transfer. The Town may purchase the Water Rights intended for sale or transfer upon terms and conditions that are mutually acceptable to Owner and the Town, but which are in no event less favorable than - the terms and conditions of Owner's intended sale or transfer to any third party who is a bona fide purchaser for value. In the event the purchase price cannot be determined by reference to an offer by a bona fide purchaser, the purchase price to be paid by the Town shall be established by a qualified water rights appraiser selected by agreement of the Town and Owner within ten(10) days after Town receipt of Owner's notice of intent to sell or transfer the Water Rights. In the event the Town and Owner are unable to agree upon an appraiser, then each party shall within fifteen (15) days of Town receipt of such notice select its own appraiser, and the two of them shall appoint a 4 EXHIBIT N single appraiser within twenty (20) days of Town receipt of such notice. In the event Owner and the Town have not entered into an agreement within sixty (60) days of the Town's receipt of Owner's notice of intent to sell or transfer the Water Rights, then the Town's first right to purchase the Water Rights shall terminate. The Owner may thereafter proceed to sell or transfer the Water Rights on terms and conditions no more favorable than the terms and conditions last offered to the Town. The Owner and Firestone agree that the above provisions shall apply in lieu of the requirement in Firestone Municipal Code Section 1.08.050.C, requiring the Owner offer to sell appurtenant water rights at the time of annexation. The right of first refusal under this Paragraph shall terminate upon the consummation of the sale to a third party of all or that portion of the Water Rights conveyed of the above-described Water Rights,but only as to the portion and interest so sold, and only after full compliance with the terms of this right of first refusal, and provided the sale is on the same terms and conditions and for the price set forth in the notice sent to the Town;however,if such sale is not consummated, this right of first refusal shall remain in effect. In any event, all rights under this Paragraph shall terminate ninety years from the date of this Agreement. 16. Special Provisions. [Leave blank for special provisions.] 17. Owners Association. If required by state law, Owner shall organize an appropriate unit owners association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act("Act"). C.R.S. Section 38-33.3-101 et seq. The Owner shall also execute and record covenants and instruments of conveyance which comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas and private facilities. At least ten (10) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town Attorney for review and comment. 18. Special District inclusinn. Within ten (10) days after written request by the Town, Owner shall apply for inclusion of the property within the Northern Colorado Water Conservancy District, the Sanitation District, the Carbon Valley Recreation District (if the property is not yet within one or more of these district),and any other special districts as determined by the Town. 19. Future 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. 20. Amendment. This Agreement may be amended by the Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County 5 EXHIBIT N Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 21. -Entire Agreement This Agreement embodies the entire agreement of the parties. There are no promises,terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations,or agreements, either verbal or written,between the parties. 22. '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 attorneys' fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined necessary or desirable by the Town in order to effectuate the annexation of the property, or which are in any manner connected with Firestone's enforcement of this Agreement. Owner further agrees to investigate,handle,respond to, and to provide defense for and defend against or at • the Town's option to pay the attorneys' fees for defense counsel of the Town's choice for, any such liability,claims,or demands. 23. 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. 24. Amendments to Taw. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy,and the parties agree that such amendments or revisions shall be binding upon Owner. 25. Binding F.ffert This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein,this Agreement may be enforced in any court of competent jurisdiction. 26. Failure to Annex This Agreement shall be null and void if the Town fails to approve the annexation of the property. 27. hintice. All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon 6 EXHIBIT N transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Town of Firestone P.O.Box 100 Firestone, CO 80520 With copy to: Griffiths,Tanoue,Light, Harrington&Dawes,P.C. 1860 Blake Street,#550 Denver, CO 80202 Notice to Owner: With copy to: 28. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S.,31-12- 112, as amended,to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 29. T.egiclative Discretion.The Owner acknowledges that the annexation and zoning of - the property are subject to the legislative discretion of the Board of Trustees of the Town of Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the property herein contemplated is not taken,then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law, as may be appropriate. 30. No Third-Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not . named as parties hereto. 31. Governing T.aw The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action 7 EXHIBIT N for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County,Colorado. 32. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 33. No Warrantiec by Town. The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the Town makes no representation as to the validity or enforceability of this Agreement against the Town, and by entering into this Agreement the Owner acknowledges and accepts that no such warranty is made on the part of the Town. OWNER By: TOWN OF FIRESTONE By: Rick Patterson,Mayor ATTEST: Town Clerk 8 EXHIBIT N ACKNOWLEDGEMENT (Owner) STATE OF COLORADO ) . )ss COUNTY OF ) The above and foregoing signature of was subscribed and sworn to before me this day of Witness my hand and official seal. My commission expires on: (SEAL) 050602/853[sj 1]F:\Users\Sam\WPDocs\Fireston\Forms\Annex.agm 9 EXHIBIT N EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 10 EXHIBIT N EXHIBIT B DESCRIPTION OF APPURTENANT WATER RIGHTS 11 EXHIBIT N Hello