HomeMy WebLinkAbout20092948.tiff.ISWu
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Firestone
A Community
In Motion
Clerk of the Weld County Board
of County Commissioners
P.O. Box 758
Greeley, CO 80632
Bruce Barker, Esq.
Weld County Attorney
915 10th Street
Greeley, CO 80632
St. Vrain Sanitation District
11307 Business Park Circle
Firestone, CO 80504
St. Vrain Valley School District
395 South Pratt Parkway
Longmont, CO 80501-6499
Central Weld County Water District
2235 2nd Avenue
Greeley, CO 80631
Northern Colorado Water
Conservancy District
220 Water Avenue
Berthoud, CO 80513
-PAOLic
//. Q3 O7
Dear Sir or Madam:
Frederick Area Fire
Protection District
P.O. Box 129
Frederick, CO 80530
Mountain View Fire
Protection District
9119 County Line Rd.
Longmont, CO 80501
Town of Frederick
P.O. Box 435
Frederick, CO 80530
City of Longmont
350 Kimbark Street
Longmont, CO 80501
Weld Library District
2227 23rd Avenue
Greeley, CO 80631
Longs Peak Water District
9875 Vermillion Road
Longmont, CO 80504
November 10, 2009
Longmont Conservation
District
9595 Nelson Road, Box D
Longmont, CO 80501
St. Vrain and Left Hand Water
Conservancy District
9595 Nelson Rd, Box C
Longmont, CO 80501
City of Dacono
P.O. Box 186
Dacono, CO 80514
Carbon Valley Recreation District
701 5"' Street
Frederick, CO 80530
Left Hand Water District
P.O. Box 210
Niwot, CO 80544
Enclosed please find notification of a proposed annexation to the Town of Firestone, Colorado, to be known as
the Newby Farm Annexation No. 1. The Public Hearing on the proposed annexation is scheduled for
Thursday, December 10, 2009 at 7:00 p.m., as described in the enclosed Resolution No. 09-35. Also enclosed
are copies of the Petition for Annexation as filed, the notice published in the Daily Times -Call on November
10, 2009 and a vicinity map of the Annexation
TOWN OF FIRESTONE, COLORADO
Judy Hegwood, Town Clerk
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
NIZVVIUY FHKIVI
VICINITY MAP
1"=1200'
RESOLUTION NO. C.9_�5
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE.
COLORADO, KNOWN AS THE NEWBY FARM ANNEXATION NO. I TOTE IE
TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON.
WHEREAS. a petition for annexation of certain properly to he known as the Newby Farm
Annexation No. 1 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 TIIE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The petition, the legal description for which is attached hereto as Exhibit A
and incorporated herein by reference, is in substantial compliance with the applicable laws of the
State of Colorado.
Section 2. No election is required under § 31-12-107(2). C.R.S.
Section 3. No additional terms and conditions are to be imposed within the meaning of
Sections 31-12-107(1)(g),-110(2) or -112, C.R.S.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S..
and will hold a public hearing to determine the appropriate zoning of the subject property. if
requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520.
on Thursday, December 10, 2009 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 annexation is proper under the laws of the State of
Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to
the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested
in the petition.
INTRODUCED, READ, and ADOPTED this 22" day of October, 2009.
Chad Auer
Mayor
ATTEST:
zas
Jydy [leg ood
-lawn Clerk
2
EXHIBIT A
LEGAL DESCRIPTION
NEWBY FARM ANNEXATION NO. 1
A PORTION OF LAND SITUATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN. COUNTY OF WELD. STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCING AT THE SOUTHWEST QUARTER OF SECTION 33. AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM
CAP 'LS 37945". WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A RECOVERED 3-
1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 89°30'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH ALL
BEARINGS RELATIVE TO HEREON,
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33. N 00`20'08" W, A DISTANCE OF
30.00 FEET TO A POINT THAT IS 30.00 FEET PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE COUNTY ROAD 26 AS DESCRIBED IN
BOOK 86 AT PAGE 273,
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 30O0 FEET NORTH OF AND PARALLEL TO THE SOUTH ONE OF
THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89°30'56" E, A DISTANCE OF 30.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AS DESCRIBED IN BOOK 86 AT PAGE 273 AND THE POINT OF
BEGINNING:
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5, N 00°20'08" W, A DISTANCE OF 30 00 FEET TO A
POINT THAT IS 60.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33,
THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33, N 69°30'56" E. A DISTANCE OF 2604.53 TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER
OF SAID SECTION 33.
THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 33. N 89"31'14" E. A DISTANCE OF 2624.98 TO A POINT THAT IS 30.00 FEET WEST OF AND PERPENDICULAR
TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33. AS WELL AS BEING ON THE WESTERLY RIGHT-
OF-WAY LINE COUNTY ROAD 7 AS DESCRIBED IN BOOK 86 AT PAGE 273'.
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, S 00"00'15" E, A DISTANCE OF 30 00 FEET TO
A POINT THAT IS 30.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 33. AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS DESCRIBED IN
BOOK 86 AT PAGE 273:
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 33. S 89°31'14" W, A DISTANCE OF 2624.86 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 33:
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 33. S 89"30'56" W, A DISTANCE OF 2604.47 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AND THE POINT OF BEGINNING.
SAID PARCEL OF LAND CONTAINS 156,883 SQ FT. OR 3.602 AC.. MORE OR LESS
3
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of
1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect
on the submission date set forth below ("Annexation Act"), hereby petitions ("Petition") the
Board of Trustees of the Town of Firestone, Colorado ("Board of Trustees"), to annex to the
Town of Firestone, a statutory municipality ("Town") located in the County of Weld, State of
Colorado, the unincorporated territory located in the County of Weld, State of Colorado, which
property is more particularly described in Exhibit A attached hereto and incorporated herein by
reference ("Property"). In support of this Petition, Petitioner alleges that:
1 It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections -104 and —105 of the Annexation Act exist or have
been met.
3. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with
the Town's current municipal boundaries.
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. Petitioner comprises more than fifty percent (50%) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets and
alleys and any land owned by the annexing municipality, and the Petitioner hereby consents to
the establishment of the boundaries of the Property as shown on the annexation map submitted
herewith.
8. The Property is not presently a part of any incorporated city, city and county, or
town; nor have any proceedings been commenced for incorporation or annexation of an area that
is part or all of the Property; nor has any election for annexation of the Property or substantially
the same territory to the Town been held within the twelve (12) months immediately preceding
the filing of this Petition.
9. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the Property held
in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit,
the proposed annexation will not extend the municipal boundary of the Town more than three
(3) miles in any direction from any point of the municipal boundary, as such boundary existed
one (1) year prior to the submission date of this Petition.
915356.2
11. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley
which has been annexed by the Town but is not bounded on both sides by the Town.
12. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the written consent
of the landowner or landowners thereof unless such tracts or parcels are separated by a
dedicated street, road or other public way; or
(b) comprising twenty (20) acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in excess of $200,000.00
for ad valorem tax purposes for the year next preceding the proposed annexation, is
included in the Property without the written consent of the landowner or landowners.
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
14. The legal description of the land owned by the Petitioner is set forth underneath
on Exhibit B, attached hereto and incorporated herein by this reference. As more particularly
described on Exhibit B, the land owned by Petitioner constitutes one hundred percent (100%) of
the Property within the meaning of Section -107(1)(g) of the Annexation Act.
15. The affidavit of the circulator of this Petition certifying that each signature on this
Petition is the signature of the person whose name it purports to be and certifying the accuracy of
the date of such signature is attached hereto as Exhibit C and is incorporated herein by this
reference.
16. This Petition is accompanied by four prints of an annexation map containing,
among other things, the following information:
(a) A written legal description of the boundaries of the Property;
(b) A map showing the boundary of the Property;
(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; and
(d) Next to the boundary of the Property, (i) a drawing of the contiguous
boundary of the annexing municipality abutting the Property; (ii) the contiguous
boundary of any other municipality abutting the Property; and (iii) the length of the such
contiguous boundary(ies).
17. In connection with the processing of this Petition, the Petitioner requests that the
Town:
915356.2
2
(a) Institute the zoning approval process for the Property in accordance with
Section -115 of the Annexation Act and applicable provisions of the Municipal Code of
the Town; and
(b) Approve and execute an annexation agreement ("Annexation
Agreement") in a form reasonably satisfactory to Petitioner and the Board of Trustees.
18. Petitioner has filed this Petition subject to the following conditions:
(a) Concurrently with its approval of annexation of the Property, the Board of
Trustees: (i) approves zoning and an outline development plan ("ODP") for the Property
which is substantially consistent with the application for zoning and ODP that Petitioner
submits in connection with this Petition; and (ii) approves and authorizes execution of the
Annexation Agreement. Condition (a)(i) shall be deemed satisfied and of no further
effect forty-five (45) days after the date of publication of the final ordinance adopted by
the Board of Trustees approving such zoning and ODP. Condition (a)(ii) shall be deemed
satisfied and of no further effect upon the mutual execution of the Annexation
Agreement.
(b) Petitioner reserves the sole, exclusive and unilateral right to withdraw this
Petition by so notifying the Town Clerk in writing at any point prior to forty-five
(45) days after the latest date of publication to occur of the final ordinance(s) or
resolution(s) adopted by the Board of Trustees approving (i) annexation of the Property;
(ii) the Annexation Agreement; or (iii) zoning and the ODP for the Property as requested
pursuant to this Petition.
(c) Prior to expiration of the period described in the foregoing
subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor
the Town shall cause or permit the occurrence of the conditions to effectiveness of the
annexation as set forth in Section -113(2)(b) of the Annexation Act, it being Petitioner's
intent that the annexation shall not become legally effective unless and until each of the
ordinance(s) or resolution(s) referenced in the foregoing subparagraph (b) have become
effective after publication following final approval as provided by law and recordation of
those instruments required pursuant to Section -1 13(2)(b) of the Annexation Act has
occurred.
19. Upon the annexation of the Property becoming effective, the Property shall
become subject to all ordinances, resolutions, rules and regulations of the Town, except as
otherwise set forth in the Annexation Agreement, and except for general property taxes of the
Town, which shall become effective on January 1 of the next succeeding year following adoption
of the annexation ordinance.
20. Except for the terms and conditions of this Petition and the Annexation
Agreement, which terms and conditions Petitioner expressly approves and therefore do not
constitute an imposition of additional terms and conditions within the meaning of Sections
-107(1)(g), -110(2) or -112 of the Annexation Act, Petitioner requests that no additional terms
and conditions be imposed upon annexation of the Property to the Town.
9153562
3
THEREFORE, Petitioner requests that the Board of "I rustees of the Town complete and
approve the annexation of the Property pursuant to the provisions of the Municipal Annexation
Act of 1965, as amended.
Respectfully submitted this (,-t day of D Cto , 2009.
Signature of Landowner/Petitioner:
LANDOWNER/PETITIONER:
Newby Farms, LLC, a Colorado limited liability
company
By:th� �.� t�,
Name: v, P -[f" !� h h e a b
Title: 1it
Date of Signature: r o (..)
Address: Newby Farms, LLC
2511 County Road 26
Longmont, Colorado 80504
Resident of Property? No
915356.2 4
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of Property
A PORTION OF LAND SITUATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST QUARTER OF SECTION 33, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM
CAP, "LS 37945", WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A RECOVERED
3-1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 89°30'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH
ALL BEARINGS RELATIVE TO HEREON;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 00°20'08" W, A DISTANCE OF
30 00 FEET TO A POINT
SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY LINE QUARTER RIGHT-OF-WAY LINE COUNTY ROAD 26 S DESCRIBED IN
BOOK 86 AT PAGE 273;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 30.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89°30'56" E, A DISTANCE OF 30.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AS DESCRIBED IN BOOK 86 AT PAGE 273 AND THE POINT OF
BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5, N 00°20'08" W, A DISTANCE OF 30.00 FEET TO
A POINT THAT IS 60.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33;
THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33, N 89°30'56" E, A DISTANCE OF 2604.53 TO A POINT ON THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 33;
THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 33, N 89°31'14" E, A DISTANCE OF 2624.98 TO A POINT THAT IS 30.00 FEET WEST OF AND
PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE
WESTERLY RIGHT-OF-WAY LINE COUNTY ROAD 7 AS DESCRIBED IN BOOK 86 AT PAGE 273;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, S 00°00'15" E, A DISTANCE OF 30.00 FEET
TO A OF SAIDINT THAT SECTION1S 30.00 FEET NRTH OF 33, AS WELL AS 8 BEING ON TSHE NORTHERLY Y RIGHT-OF-WAY LINE OF ICULAR TO THE SOUTH LINE SCOUNTY ROAD 26F THE S ST SUARTER
DESCRIBED IN BOOK 86 AT PAGE 273;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 33, S 89°31'14" W, A DISTANCE OF 2624.86 FEET TO A POINT ON THE EAST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 33, S 89°30'56" W, A DISTANCE OF 2604.47 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AND THE POINT OF BEGINNING;
SAID PARCEL OF LAND CONTAINS 156,883 SQ. FT. OR 3.602 AC., MORE OR LESS.
915356.2
A-1
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned by Petitioner
Name of Landowner/Petitioner: Newby Farms, LLC, a Colorado limited liability company
A PORTION OF LAND SITUATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST QUARTER OF SECTION 33, AS MONUMENTED BY A RECOVERED 3-114" ALUMINUM
CAP, "LS 37945", WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A RECOVERED
3-1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 89°30'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH
ALL BEARINGS RELATIVE TO HEREON;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 00°20'08" W, A DISTANCE OF
30.00 FEET TO A POINT THAT IS 30.00 FEET PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE COUNTY ROAD 26 AS DESCRIBED IN
BOOK 86 AT PAGE 273;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 30.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89°30'56" E, A DISTANCE OF 30.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AS DESCRIBED IN BOOK 86 AT PAGE 273 AND THE POINT OF
BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5, N 00°20'08" W, A DISTANCE OF 30.00 FEET TO
A POINT THAT IS 60.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33;
THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33, N 89°30'56" E, A DISTANCE OF 2604.53 TO A POINT ON THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 33;
THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 33, N 89°31'14" E, A DISTANCE OF 2624.98 TO A POINT THAT IS 30.00 FEET WEST OF AND
PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE
WESTERLY RIGHT-OF-WAY LINE COUNTY ROAD 7 AS DESCRIBED IN BOOK 86 AT PAGE 273;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, S 00°00'15" E, A DISTANCE OF 30.00 FEET
TO A POINT THAT IS 30.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS
DESCRIBED IN BOOK 86 AT PAGE 273;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 33, S 89°31'14" W, A DISTANCE OF 2624.86 FEET TO A POINT ON THE EAST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 33, S 89°30'56" W, A DISTANCE OF 2604.47 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AND THE POINT OF BEGINNING;
SAID PARCEL OF LAND CONTAINS 156,883 SQ. FT. OR 3.602 AC., MORE OR LESS.
915356.2
B-1
EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
says:
That (s)he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Firestone, Colorado, consisting of seven (7) pages, including the page(s) of this
Exhibit C, and that the signature of the Petitioner thereon was witnessed by the circulator and is
the true and original signature of the person whose name s(he) purports to be, and that the date of
such signature is correct.
I" 61 1-1.1-w. 5 L LC 1 h ,.1
Circulatort yk 8,4
STATE OF COLORADO )
) ss.
COUNTY OF —6;.;c3,64-1, )
this
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
& day of Octca,, f , 2009, by fie,' 'y, Rt,f Newel, mganas;P r Cif
Witness my hand and official seal.
My commission expires: 51 5l Z O'0
‘00111 / JJ / �
`c. '
I.rO Notary Public
14 NOTApy Z_
N, . PUBLIC ` O
4,�1llrllllltttl���`
915356.2
C-1
EXHIBIT A
Newby Farm Annexation
Legal Description of Property
A PORTION OF LAND SITUATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS
COMMENCING AT THE SOUTHWEST QUARTER OF SECTION 33, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM
CAP, "LS 37945", WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A RECOVERED
3-1/4" ALUMINUM CAP, "LS 22098" IS ASSUMED TO BEAR N 89'30'56" E, A MEASURED DISTANCE OF 2634.41 FEET, WITH
ALL BEARINGS RELATIVE TO HEREON;
THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N 00°20'08"W, A DISTANCE OF
30.00 FEET TO A POINT THAT IS 30.00 FEET PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE COUNTY ROAD 26 AS DESCRIBED IN
BOOK 86 AT PAGE 273;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE 30.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 33, N 89'30'56" E, A DISTANCE OF 30.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AS DESCRIBED IN BOOK 86 AT PAGE 273 AND THE POINT OF
BEGINNING;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5, N 00°20'08"W, A DISTANCE OF 30.00 FEET TO
A POINT THAT IS 60 00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33;
THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 33, N 89°30'56" E, A DISTANCE OF 2604.53 TO A POINT ON THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 33;
THENCE ALONG A LINE 60.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 33, N 89'31'14" E, A DISTANCE OF 2624.98 TO A POINT THAT IS 30.00 FEET WEST OF AND
PERPENDICULAR TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, AS WELL AS BEING ON THE
WESTERLY RIGHT-OF-WAY LINE COUNTY ROAD 7 AS DESCRIBED IN BOOK 86 AT PAGE 273;
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 7, S 00°00'15" E, A DISTANCE OF 30.00 FEET
TO A POINT THAT IS 30.00 FEET NORTH OF AND PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 33, AS WELL AS BEING ON THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 26 AS
DESCRIBED IN BOOK 86 AT PAGE 273;
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 33, S 89°31'14" W, A DISTANCE OF 2624.86 FEET TO A POINT ON THE EAST
LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33;
THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 33, S 89'30'56" W, A DISTANCE OF 2604.47 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE COUNTY ROAD 5 AND THE POINT OF BEGINNING,
SAID PARCEL OF LAND CONTAINS 156,883 SQ. FT OR 3.602 AC MORE OR LESS
Public
Lyons 4 x 4's 1 Malerryde5/ATVs I CPAXLP
Eitel. Re
12 Grand View
boo bat,
N, _ EIE,„, Public
n5 5 19" DEEP Perm, ger
won ork S.400 ot.31359 ED 3 , lSm Legal'
50.7404
an
Mobile/
Muadaqured
Homes/Spores u Purl' A
▪ Rm, . na. Act .soles
OS CPS rea De k
MIn
W 9nna
Morn
3alere .lm.ID159 HOOWi ,u 5.5503 Or WM
125 AMC Eagle
41S good mir., UeS
SH 7.7 .0.303-E6-8107
EEP Liner". Ge
0Viors .13931 ND 800-9096
LegoM 9010 Legal' 9010
...May. November A oDUTICN OF LAW,
10 7R,LERTE,R7F 27, 11'7g,
Eno5nola ° of the Public Hear'. is PEST ▪ OF THE SIXTH
`OUNTLY O MERI D•
CMe Timm end known as
v
Arse Campers
Tappers 4249 Coo or CO 7.0.6 Arinwpormw
Da to myen tnat Me Board of
1 M'me Du R"E
90
G 1
LOPMPOP D
yslue W fu Grant Avenue. Fneetone.
41 -
9197TOyara Teal. clean DISTRICT pose of th• Public Hoag
o fm Steerwmmn Lexm
Snowmobiles P`known as It 017.9
27" BUDGET
0985 Arctic Cat Twowngn 9T, 20,
Cougar 300CC,
1800 miles - 5600
970-117-4307. DISTRICT VOoDEW).
D LTO-,
Autos F ide 01 Colorado. win .Ia
SPeq utilityFnd:
Vehicle
Fanation, Development
IS"PONTIAC BIRD Company. LLC. 4609 DTC
• MOBILE
OMES • cowl WEE 0 Call
areseilling YRlief Cakes] 000MIA3ot1 ]]11551
Nero looming I7.09 Me. X
Ea, MM. 940malie was pathy, or pr. c,
P
De wIa. ale,
1.210aS� H SA, 9 van
;ND,°
e 9n'6ri`
u ey c;Mn roman wmh LC.1P.
"61115000 WI 0 Tepla Prim. Clean
w0nLe 1 A
303772 EISte Le
Niwol/Oanb.Rel
INA Atlas Wooled
c yew., Mow11001s se.
SUV ten me 154 cab foe
Hn. more S 0 U-0a11NN951
Junk E5 3
L 740ek
1d 0 79,6.
3131704-3040.
Real LOS Wanted
CRt+ BUYER meth PUP - Atlas Wooled
ern, Wei"Uppers 9191"
B enx03
lA 903'a,e
1 Cob
ly 1
Muse 03 vO'k 00 9T E Debt Ethel $6" l I
anor or act ban" We
NW ova- 0.1405
OK
43707 45.5
4i 4's
Ta:s2salk"oat6YL
0.351 Win awe 4 barrel
_ebb, 431 OMY
CLeane mars "lb, on
� "IMA 9
all DA ODYSSEY
ry 0
30 0049
• • e11
• a8OH;.
nyHat.
63 90299 "Wen
,1.394/03 test 005,
(3032684-9.69B
M
MOTORCYCLES
MLR, Jan3M1d
CLASSIFIED AOGR 7598)4 gdvelee N++ :Mg'
Public
Legels
Sell, Advertise, Recruit
oe 050 406e6n x cl. Blvd , Suite 650, Cover.
peonM)I315n35tev.e1 3460" n00 579E
"M7777.
op METROPOLITAN X°IS
for the thwino
503101595i t. Districts Accountanr
6 for public Inspection
wooed e doe
ar wig go conamerod at me
GALS
10
Publlt
Legal'
Publle Mlle
9010 Legal, 90101 Legal' 9010
--..„4.3;R:
rIG rural The ion ng re EL AWE R. `OF SAID lo De Im.sed :thin Ine
ne
"seal oble Inlno Nine
TER , sECTION 13.•5 lama al me prnperlry . ILIN-` GE THE complies ith Sections
e ...002.::: ."0„, MORE PARTICULAR Y A, wrson maw awear A x 0 N G 1' H D PeChon 4 're Board u
ALUMINUM CAP. 'LS Weld C My Rom 5 The T A WIANCh Of- lso 11 0700. ring le neer
309TE QUARTER COIL property Mal Is the mb. THENCE DEPARTING Ing el t. loofa. i prop
14 OF 5000 SECTION 0.007 to annexation re- SAID SOUTHERLY
r 10,20” et 7000
A MEASURED DIS. go that th an... TER DF 5AID SECTION an.
TEN CE OF 1634.41 palm, w .7719309 5 W. A O. SAC 5 Any Dothan
EFT, W T it ALL Governance her 'Me rig OPOLE OF 370. FEET nay pow at suCh hew
BEARINGS RELA1 'YE 01.017 law ol the Slate TO THE SOUTHEAST inn erase, evidence
EC HEREON: 01 Colorado Town ot CORNER OF SAID LOT rela ve lo the or...
THENCE ALONG THE Firestone co ...naive A. anr. Con. or tne pro -
WEST LINE OP THE lan. an0 a nexatIon. THENCE ALONG TOE d wine dreouesh0
SOUTHWEST OLIAR. 203 37. oung $007d LINE OF SAID In • e cetitIon.
TER GP D SECTION „mem Plan an Develop- LOT A AND BEING
_F00S.000 FEET e LINE CIS- Tent apogee, materi PARALLEL T
OF E
'OTHE
TO A POINT THAT IS thilathe for public NORTHWEST IBLIAR.
30.00 FEET PER. wen. in the Ince of PER OF SAID SE.ION
meets the wolicale PENDICULAR TO THE he Town Clerk, I I Grant 4. 0 .410r5.69 W. A DIS
roZCZV Th7Ze°,99 V .,9703i 00-2, Fires, a CO LANCE OF XII 11 FEET
re009874'0 SEC'lIOO a Eder TO THE SAID LOT
El to a e 9110 to the To
determlne9RNORTHERLY hEiNG ON
Developmem Plan for the
THENCE ALONG SAID
OF wAY Li POET NORTH OF a 10
October. Da.10003 TOWN OF FIRES .N 01NNE WESSE
TERNORF AE L NE T`94
Any p• son NI17▪ 1E.10E0EJTk ON NO app. TER OF 5A. D SECT ON COLORADO WOWS.
E" n
:713" 36,15tCEZE)095700E0DEPPT
Kar 0„ 0on erf3ne 95.241ry 41/4 `,0-'s.
d latt County ROADS. DESCR BED THEREON
2 AND IHE POINT OF
Anneurat cap has been led
set forth ha otv n Fah b t ROAD S NPoMCB W,A the Town Of rer.G.
Cur es of tM annexat WET To w POINT Me Mard t No0955 D STANCE OF 30 00 Coo ado and ale o
no trial the a nemt m NORTH OF AND PER wino al a -Wants
EE
ewm BO
TER OF SA SECT ON
LiNE 00 00 FEET
NoR-, AND PAR
ALLE, TO THE 'Mum
LINE OF THE
sou T-EsT au -R.
TER oF 569,1 SECTION
po. NT ON THE EAS7
so -WEST QuAR,
11.
THENCE -"GA
AL L EL t o THE SOUTH
SOUTHEAST -"TER
OF sAl 0 B AO0 iOPO
pope. the prepoded VA ening, Outline DeReioP
•thilable i 01 Pin'',
1111.80.0 In Me Ewe of
ph. row WW1, WM
business noun.
ft ES UNC 0 DM,
METROPOLIPAN
DISTRICT TOWN OF FIRESTONE.
Judy H•gwoob
Token gong 0
PublIsheci In Igo Tim..
07 X RESOLUTION FIND
Deceased redo, 0wernMe lR M0
COMPLIANCE A
EDwITH Ttitre are reouirth to ON, Omen. TOWN OF HE
present Menn 00 Me Per- ss Numb" WEE.. II roEtsrE:C=Ill.:37:5981Z Ego R7,71.7110,1=4,7;,7 COLORADO.' y AOW Np
Tig
qA5
x0[ NE
me or the clams may o a Reoresentathe or A PUBLIC HEARING
be forever barrack 0 DI DM Cour1 ol Bout THEREON.
IS. Queens Dow r De e marg 1. ZEE I, annexanna ef certain
Longmont. Colereolo 0 the 0 1nns nog crew- cu., lo . theme era
Ago ne la Pe. al re" Rep the le •PZ7.5"ItMri idis'aerk7d017
Iv. MTh The Town Cecrie 0
Cimewine ECM 2301 Sandal onel Creek CI Celeranerand referred to
Loran.. Colorado r Rthreoutaime 73.1 mlnation of substantial
I SO. Anton V 0. lc compliance lath ap
FAX, 720.207.5758 & WALL, PC. WHEREAS. Ihe Board
swoltanews con.-
PORE "nod Pablished in the. riffles Ewalt am
all, Longmont Gatorade 0510ber Id m patine,
0 20D Published m me 71 - wHEREAS. Nu Beard
WI, Longman, Calor 0 of las has review,
Doulaier Comfy IR Ws egg by Resoluta., .°5
Colorado Oath. in r ea d to the
NOTICE Oh WARING
Peliben
BY PUBLIC:1TM COLENTOt NOW THEREFORE
PURSUANT TO It IT RESOLVED BY
firia40I,C.R.S. NOTICE 01 THE BOARD OF
Case 510. 09 PR -434 PUBLIC HEARING TRUSTEES OF THE
Notice Is here. alp. TOWN OF FIRESTONE.
CrwrImen Xemt?' that t. Town el Era- CoLORROO.
Milo Rican Section 1. The ootttren
WM. Mena. Mrso a Public Ow'. which is egehera heethe
Enna. BEEtwn commenceel freeo.
Ural. herein 0, reWr
enre. is in aubstenha
comp". with tha ap
°thee. lath of it. State
of Colende
Section 1 No rnnni t
to De Pref.. within the
meaning
51 Smile.701 31.
0
lo nearing for Ite nun
awe ol ReteradnIna if the
3141.104 and .31.4.103,
CAE. and hole a
public hearing to deter-
mine the eopropdare no-
n Of me good CP
eh, II "wasted lo
Peltron. al Me Wes."
Town Hall. 151 Gran.
repo now a, Thome,
December le, 20. al Ca
heti. Any Rouen
Inc and Dettent evithree
'maw to I. erodes.
annexation. et the pr.
cos. SNIP. if reemerfthI
5•0109 I. Upon etrenpr••
Boma of Tnitteee
CM. by resolution, In
MOIR' Of the 0300007
SOLif01KCIAAifl, annexation, thd whether
reculreinentS ifor Me pre.
pmed Arco.. have
T Wive been met a. th"
O
, el iNftry,
LESS
ado Novemberl_
NTRODUCED READ.
and
ADOPD MB End
FIR To
No g isI . Mawr
'wen T344.78649lezwz.7",
IT A
olTrusle. W.. to per km .11 recall hold AGSM EARN, ANNEX-
eratIon or the gown. nem nel IST TODD A PORTION OF LOTS A
November AND B. ynconoco
the Firestone EXEMPTION NO Ill3.0
and Fon.. Ef revues. 19.
Town n. I5I 2470 W. ACCORDING
In Me Wiliam a.
WERE,. we Bong Mende Teslone, 0.710' TO MAP RE-
▪ Trwtees nts reyWn rag 0. The therm. COPOED MAY 2A.
fhe oirtfon and elesima el the 0110 Hearing Is AT RECEPTION NO.
"mot by Resolatwo as to cons' r area., 2147165 IN BOOK 1107.
Winos in reoarb to Me Wing pimerly pra ',Ego LOCATED IN
Toga ann.. to THE NORTH 1/2 OF
PeNIDIY2(3. THEREFORE SECTION A. TOWNSHIP
BE IT RESOLVED SY A eel Perm Annex- WORTH. RANGE 60
▪ II BOARD OF Mc and e consider o wEst Op The gy
TRUSTEES OF THE maw caw° of on PM. COUNTY OP
Town on noTesTonc ow' yegernem wELO, STATE OF
COLORADO: in "Moo IF MORE PARTICULAR,
03110119 91.1.0 nerve 03Ing re LOWS
os Exhibit A ma 0070 PI on. U. ocooggo AT Tys
porneD herwn by ran,compgge wan rig •p nogg. tang a Tne stag l noi ea. Of
Section 2. No election is rustees of TM mu 01
pen met'
01/44 ALUMINUM CAP
OP SAID SECTION 4 BY
A RECOVERED 01/4.
7.14r IS ASSUMED TO
MEASURED OISTANCE
RIGEL OF WAY LINE
OF COUNTY ROAD 7. S.
000.15- RA DISTANCE
OF 30 De FEET TO A
POINT THAT IS 30.00
PEET NORTH OF AND
PERPENDICULAR TO thairt hearing to6te. we e recrerne s 1.1401 OF 25.9 elAPCOUNTY ROAD 26 AS
EENT
THE SOUTH LONE OF
THE SOUTHEAST
AS WINO ON THE
NORTHERLY RIGHT-
OF.WAY LINE OP
DESCRIBED iN BOOK
µ AT
PAGE 273.
OF•WAY LINE AND BE
I NG PARALLEL TO
THE SOUTH LINE OP
THE SouTHEAST
QUARTER OF SAID
SECTION 33. S W31214. of the earino. the at the Public thoungs WE T NORTHERLY RIGEr OF THE
W. A DISTANCE OF aonrd of Tr Hma Mir wr an ear re. NO ',EAST D LER-
fon0 by aelutien. Its TE OR SAID SECTION
POINT ON EAST conclusions eration The athirmania.
E OF THE. with refer ot ic, oil. 7.3:07 of nre pupa, u TAN 0141576.65 FEET
SOUTHWEST WAR.' Wilily eil Ina aroused Mi. of Were 0040.0 TO A POINT ON TER OF SAD SECTION RNORTHERLY RIGHT- bath na 1 and fawner. eg, Mg 0 ma Wind of B6 AT AGE IGHT.
THENCE CONTINUING reowern els fee the pr. county Read 7. 'Ws legal OUN ROAD 20 A5
ALONG SAO D thud hexagon my* cusgurny al the pr. DEE. TEO BY BOOK
SAID
OP -WAY LINE AND BE. will an I Mu o. thernexallon mopes, Is POINT 40100 BEING
PARALLEL. suP below in WEI 3a F T SOUTH OF
THE SOUTH OF tat rm.", A of Resolution 0024. AND PE PENOICOLAR
THE SOU QUARTER OF 940610 Int. tt M03.0,/t
11, ' of the annexe.. 131 TOE ORTN LINE
Nee 51000
To A yi.m. 07,147.,9,17 9,00,00,09 with me 70 Twya Loath sato
ERLy R RIGHT -00F,,
LINE COUNTY ROAD 5 is eon. ander Me laws Fire•tone thealorelicsive I NO PAR CO L TO
AND THE POINT OF et Oate of Cora.. 0.0. vid annthatmn. ThrE NORT LINE OF
0 song of Teugees Tangs. Clollin• D•velop. THE NOR 210.1 ES it
StAEGI0NN9EAEREEL OF al miss epe or maw ment Plan and develop 03LIARTER •P SAID
LAND CONTAINS WEE I 07 maws wear. 112 mient apthiCalien Meth SECTION I. W30'56"
MORE OR LOSS, um el Firestone. ana available 107 WI" 259.50 FEE ii, A
Publifted in the Mmes. rit oath one or more or inareca. in Mc office of PUNT ON T WEST
WI, Lengillent. COM- .nanCeS wing Int sub Int Town Clerk. "I Grant T H E
redo. NovemDer 3. 10. II. itht Groper. ff 313.91. Avenue. Fifth.. CO NOR 1 0 EAST 01.0-
2,4, Defend., I, 0009 in nie pelition 50520. gong regiar TER OF SAID SEC
INTRODUCED. READ.
MO ADOPTED ibis Zand
OWTOENEE, • Chad Auer
thy el Cloth'. 2009
COL DO Mayor
NOTICE ATTEST.
Not▪ ice II hereby egeen Judy Hcainowapc
that 109 Town ol the
stone Planning end Zon
.no Corwin". will nolo
mmmen0lno atRHO o m
IL 2009 to v. Gitee
ToWn HI, 3 2.0.E
rade IOC The pure.
Ol MN Put. Helr.ng
orrywusi
w QUUAARTESR arming Or PrO OE Tine OF SECTION WHEREAS e pent.,
the T
now Fth.
-HE 67H P.M COUNTY Lhe Adam Farm Annth
LEGAL RIP,0
MEADOW R.
ANNEXATION
PORTION 07 L
RECORDED P
posed ton..rvauuaed dente end thenrnergral E TERLY RGET-0F"
caner the 2. .9 of THENCE A ID
COLORADO ALOES TO
Judy Neg.. NORTn LINE OF
Tom. Cleth E NORTHEAST
RESOLUTE QUARTER OF SAID
A PESO
CE FOR AN Ina LE FEET 70 TYE
EXAT ION PILED WITH EHE WAy LINE OF COUNTY
COLO
CP AC
ANNEXATION
TOWN OF FIRES..
LIC HEARING
THEREON
DING TO
P RECORDED
IC II, WOO AT
°bile/ race „I _ ..._. oisso_. .n.,.ee .npN BEARINGS AFL .r of
Ina Is III le determ,ne THENCE ALONG THE
ed.Mred .moo Lead
'feormehiks
Ho . s/Spaces And NO.. A hi. which a Del lion for SOL 'HAP, QUA R .
TO PROP.OsE
lute Park 8
1905Arc1¢ Cat
wi Accessories Cougar 5000c 'Tot', `t"Rep"
Inc I B xu,. 2000 miles 's600
Directors Mt NMI oF meets the NAM. e PRIM CULAR . THE IN ,
ace no,. 97031]<J07 me
NNM O C
Iwl ,wriei0xd. ' 0160• BEING
Of Colo., . wiIi nOld a . (2) TA determine Ma Ion ON !HE NORTHERLY October
a a Wilily mend' ehno el 1 DO I. for the moms. NCHT OF -WA. LIME TOWN
Lyles Per Sole Vehicles F., en ode..., anneadon ans In m COUNTY ROAD 16 AS COLC RA
der ol a el.,. 2.9 lit cont.,. rogue° fer se DESCRIBED IN BOCK MA H.
HOMO Ca I lb Panall pi DeyeopmenT Erma! Af an °mime ea AT PAGE IN. Tom Cior
Ca` IDE MAC Yukon XL. clean Blvd Svim 6.90 Denver, spree... The exist. NORTHERLY RIGHT -
Call Bnna acv.
1.
07707_7,777SOUTHWEST OMAR TOWN 0..i
7". Sthth".7eth . wo
ubaruCDTba<R 3.............
} 5
Trudu/Pidups'07'MCs Epics for me en.iney m„,,, otmeammLym war, LINE COUNT, L I C 4 -
Atm like Hot Cak
Mom 0.0 ALdrnef IC
V. B100010
Nnvat/Gvnhowel
1010 Te
add
Mk A
1 CALL to
000Laed carsMOM 32 U 30149
. 10-1- CASH or r
drarted . s
• Nur -arm Adorn. Compete rehrCin We
ur ,a to 720 .e.Old Town ,ry01533Trallfl L UP TO PI. for y
o FREE .°1. n9Te
A aria, rrCit BMA, 6,1 14 WANTED ON
,
lari Bwn04 3040.
Rod Estate Wanted
R
At, Ex, hems ore
LooMien. Reg .a �m MS .
Bei<rm
Auks Wanted
1006 n_vy C
:Ouse
er, nv141 ��reMosu00 004741
4 x 4s
f eiko:
hpa
55BIATVV//done bugoY)'
ly5WM
•Wo'np Seel4NIITS.
�<. Pw •l PAM Herne.
non. lam d The aide TO THE SOU o __. LOP mum. to ii -e n
color ace Town of CORNER OE
a eYe.. or 600 A co, of norir Of Wed Cour, ROADS A3 DESCRIBE° I THERE..
Al 126 )lipll FORD 0.anuer [Mon GLAM., LLP easarl0lon c. ,the NM THENCE ALONG SAID ' the M aa 0 ew Fsuch orommed buckler rais ROM 16 Mower Weld V. BOOK a. AT PAGE WM REA° e
SAO E Mr.', Fen. edr.nar is Me sub NI of EASTERLY RIGHT OF Annevemon HAMAN
n E 0 ROADS el 00. Or W A Me Tom al Elrem
d< 1 1 un O n a rTr N.,
e.< reem mere same ,s omen A of Reealull... 09 15 DISTANCE OF 30 00 Color., and referred
TE:it _ m.,.n, el ,ace<,..t.,
Mond. ne MN al 3 SOM. LINE OF THE h t
PAS an MIME the 131 c.o.Imp el Me 5770e SOUYHWEM Oar of Norrnbcr. 1009 of Coloracio, lawn ot TFli Dr SAID Le°cr"o I:wed the 064501.4 bud amino MAW. 07WITIP NORTH OF MILD PAR
net boo hie or reolaler men. Rim and develop A-LEL TO SOUTH
ad0Plien X Me Nee Y ,,r Interested elec., Erresient commune. ve 31 THENCE AONG A BUG LEGALS E THE
RN
the nuelm Avenue mouton! CO POINT ON THE EAST
9010 BOARD° 50CITLIENRE
BY AU 'CATION Br /NMI. LEP COLORADO LINE 00 00 FEE.
TIC TO METROPOLITAN l 33
redo. .eer0.T u MN° SOUTHEAST QUARTER
�..M...... YT. .e......e. COMPLIANCE TFOROE .14 7a TO A POINT
THAT IS 30 OD FERE
WEST OF AND PER
EN la TO E
eo NT THAT Is
F EE NORTH oF AND
PE PEN Cu AR TO
THE Su VT L NE 00
TOE 5 0J7 HEAS
scc ION " As At BE 140 ON WELL
i
TH ENCE LONG MIL,
Clearwin0 [nate Plan- 7101S. aim. Creek Of
A HALL, PC
,iip=r2kraltioymetarclv II 205[La Richardson
Lendrrem CO
050.040 1037 9900
Pubhsh. hi Mc
CAM COWARD
Nemo LA,.
Boulder CLAP.
NOTICE OF HEARING
pE SBL00 M[ I
Len (3w)esa-9e9e PURSUANT
n M -PR -43. PUBLIC HEARING
MaliceNOTICE OF
,s hereby wren
MOTORCYCLES 07
I.ns oboS pelro' AAm y,o ulf' Emu.RYA Lees . mmcmem..
Sell, Advertise, Recruit
Self -Serve Classifieds
Immediate, access at your fingertips
ww.r.timescalccOgitt;•
Click on 'tubmitAnP '<
TOWN OF FIRESTONE,
$De ° ED' ao.'"
ANNEXATION NO TO
THE TOY. RE
STONE AND F TING
E6PING
REONE
lor annexation of Reda°
prem.. De known as
me Town at Eirettone
Colorado,. reharren,
complianteau:1n err
WHEREAS. My Board
simuiranNd Mos.
w'ry 05annevanon
a
The end Ns re,
a T dada ram -mire..
0 WAYS LINE AND BE
WHEREAS the DADLI
Norm ot The .0.ect
for annedhen
end Alm. if MEOW. L
f7 M6 Potillor and
WHEREAS, the P.M A
of 14105tOeS has review. r
the mt. .00 260 Noires to Of
M Imareo within Inc
son
ar-
for the MO
01 the AA
Melon 3 NO MOMOISI ISOAATDR OF SAID Seri. RNA Beard of
ro Moos. within the W, A DIST ANCE OF 107.01
meadop el N.M. 31 2604 47 FEET TO A stn.
17 Mtn). -01012' POINT ON THE EAST neve
LINE COUNTY ROAD 5 d
ANO THE POINT OF I of r
BEGINNING: the
ma
irsur
NORTHWEST COTE I. eCIMAN7
he Marc of
[odder, Dr
met 4,3 Mat
arneyotion
ONE ORAN, AC., MORE oe , mar se one more
Cali. WripM071. Colo Tow of Fires-tem, ar.1
lion rm.. November 3.10,17.1 wol ss one yr more or -
dew 24, tlecember 1,1009 di ces ion. Me sub
RODUCELL READ
ADOPTED Ills Me
el Ocluber,
Auer
e TOWN OP
COLORADO
0 0
PUBLIC HEARING
lam PlannInc arid Z
no Commixdon
PuDlic „min
nireenCfno el TAO
200, et the Fires
Mali. 15,
The
Publ. He
sf POMP(
rtheme
t:H101:r.1 le 1
0.641.0
Th
et
At I
Dee TO,
0:11.4e0 4 Town
In
of MI
na CO
Menu. El
'Et PublIc
Nation has men
lisc Town. To
Own ea The Mani Fe
Ovation to the
FrrerIone. meets
the slain,. Me Ma
for annexation .0 the
the 1050. III the 0.
to cond.( a mope, ler
rt... of an Outline
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Transmittal
To Weld County Board of County Commissioners
From Bruce Nickerson, Town Planner
Subject Newby Farms Annexation Impact Report
Date November 20, 2009
Please see the attached Impact Report for the proposed Newby Farms Annexation to the
Town of Firestone.
Please contact me if you have any questions.
Firestone
151 Grant
PO Box 100
Firestone, Colorado 80520
(303) 833-3291 FAX 833-4863
Bruce Nickerson
bruce@nickersonco.com
(303) 422-7393 FAX 422-7834
1
Newby Farms
Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Newby Farms Annexation is shown on the
Annexation Maps (Attachment A). The area to be annexed includes
approximately 3.6 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 agricultural land
uses. The proposed Outline Development Plan for the property is shown in
Attachment B. Current use of the property includes agricultural activities
with related accessory uses. The Town Board will review the annexation
and zoning proposals in relation to the Town's current land use and
development policies. The land uses proposed are generally consistent
with the Firestone Master Plan. A referral relative to the proposed land use
for the property will be sent to the County planning department for
comments. The Town's current boundaries are shown in Attachment C.
II. Municipal Services
Municipal services for Newby Farms are anticipated to be provided in the
following manner at the time of development of the property:
Electricity United Power
Fire Frederick Firestone Fire Protection District
Natural Gas Xcel Energy
Police Firestone Police Department
Sewer St. Vrain Sanitation District
Telephone Qwest
Water Town of Firestone
Financing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
will be financed through impact fees, taxes, charges or special
improvement districts, if necessary.
Newby Farms
Impact Report
1
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 adopted
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
• St. Vrain Valley School District
Northern Colorado Water Conservancy District
Frederick Firestone Fire Protection District
St. Vrain Sanitation District
Carbon Valley Recreation District
IV. School District Impact
A referral regarding this annexation and the currently proposed land uses
will be sent to the School District for referral. The response from the
School District should be forthcoming. The ODP proposes that the property
will continue to be utilized for active farming uses, therefore, it is estimated
that there will be no 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.
Newby Farms
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
Newby Farms
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
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 Fxhibit "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 Cleric and
WIWREAS, 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 TILE PARTIES AS FOLLOWS:
1. Incnrpnratinn of Renitalc. The parties confirm and incorporate the foregoing recitals
into this Agreement
2. Pnrpnce 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.RS. Section 31-12-101 et seq.
3. Further -Acts. 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 nnrnmentc Owner agrees to provide legal documents, surveys,
engineering work, newspaper publication, maps, and reports determined by Firestone to be
necessary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation
impact report.
5. Action on Annexation Petition Firestone shall act upon the annexation
petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents
to later action.
6. Inning 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. Dedications. 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, unless the
Town specifies another time.
8. Public Improvements Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other public ways within or adjacent to the
property in accordance with Town ordinances and resolutions and other applicable standards,
subject to any reimbursement which may be provided for in such ordinances, resolutions, and
standards, and to make such other improvements as required by Town ordinances and resolutions,
to guarantee construction of all required improvements, and, if requested by Firestone, to dedicate
to Firestone any or all other required improvements. If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other matters prior to any
development of the property.
2
EXHIBIT N
9. Jmpmvernent 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. Cnnfnrmitywith Tawc 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 resolutionsincluding, without limitation, ordinances
and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to
Town Streets and flood control.
11. Nn Repeal of T awc 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 welfaie of
the Town and its inhabitants; nor chall this Agreement prohibit the enactment or increase by the
Town of any tax or fee.
12. Disrnnnectinn.No right or remedy of disconnection of the property from the Town
shall accrue from this Agreement, other than that provided by applicable state laws. In the event the
property or any portion thereof is disconnected at Owner's request, Firestone shall have no
obligation to serve the disconnected property or portion thereof and this Agreement shall be void
and of no further' force and effect as to such property or portion thereof.
13. Severability The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be
affected, and the rights and obligations of the 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 Servirrc 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 l Ices Owner, as a prerequisite to annexation, agrees to fiunish 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. rrnmmerrial and industrial i'kec. 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. 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 Rights/Right of First Refircal. 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 jell 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 acreptable 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. Cpecial Prnvisinns [Leave blank for special provisions.)
17. Owners Association. If required by state law, Owner shall organin' 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. inrhision 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 C.nnperatinn The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
20. Amendment. This Agreement may be amended by the Town and any Owner
without the consent of any other Owner as long as such amendment affects only that Owner's
portion of the property. Such amendments shall be in writing, shall be recorded with the County
5 EXHIBIT N
Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding
upon all persons or entities having an interest in the property subject to the amendment unless
otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall
not be amended unless approved in writing by all parties hereto.
21. Fntire 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 counsei 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 1 aw As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution, or policy is
intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or
policy, and the parties agree that such amendments or revisions shall be binding upon Owner.
•
25. 'Binding Fffert This Agreement shall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof and 01211 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. Notice. All notices required under this Agreement shall be in writing and shall be
hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth 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 chall 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:
With copy to:
Notice to Owner:
With copy to:
Town of Firestone
P.O. Box 100
Firestone, CO 80520
Griffiths, Tanoue, Light,
Harrington & Dawes, P.C.
1860 Blake Street, #550
Denver, CO 80202
28. Flentinn. 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.RS..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. J.egiclative Diccretinn. The Owner acknowledges that the annexation and zoning of
the property are subject to the legislative discretion of the Board of Trustees of the Town of
Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the
event that, in the exercise of its legislative discretion, any action with respect to the property herein
contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise
of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection
from the Town in accordance with state law, as may be appropriate.
30. Nn Third -Party Rights This Agreement is made solely for the benefit of the parties
hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not
named as parties hereto.
31. frnverning Law The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement Should either party institute legal suit or action
7 EXHIBIT N
for enforcement of any obliglation 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. Nn Warrantiec by Tnwn 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
adepts that no such warranty is made on the part of the Town.
OWNER
By:
TOWN OF FIRESTONE
By:
Rick Patterson, Mayor
ATTEST:
Town Clerk
EXHIBIT N
• ACKNOWLEDGEMENT (Owner)
STATE OF COLORADO
COUNTY OF )
).
)ss
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
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