HomeMy WebLinkAbout20093102.tiffFirestone
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
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 Adam Farm Annexation. 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. 09-34. 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
kit Oct ''�74..)
ft 7,73/O9,
TOWN OF FIRESTONE, COLORADO
Judy Hegwood, Town Clerk
ee �[ , C✓l�l� SD
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
2009-3102
ADAM FARM
VICINITY MAP
1"=1200'
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
The undersigned ("Petitioners"), 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 petition ("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, Petitioners allege 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. Petitioners comprise 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 Petitioners hereby consent 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.
915827.2
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 Petitioners 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 Petitioners 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 Petitioners request that the
Town:
915827.2 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 in a form reasonably
satisfactory to Petitioners and the Board of Trustees that establishes vested property
rights for the Property for an agreed upon term greater than three years pursuant to
Article 6', Title 24, Colorado Revised Statutes ("Annexation Agreement").
18. Petitioners have 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 Petitioners
submit 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) Petitioners reserve 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 Petitioners having withdrawn the Petition, neither Petitioners
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
Petitioners' 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 -
113(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 Petitioners expressly approve and therefore do not
constitute an imposition of additional terms and conditions within the meaning of Sections
915827.2 3
-107(1)(g), -110(2) or -112 of the Annexation Act, Petitioners request that no additional terms
and conditions be imposed upon annexation of the Property to the Town.
THEREFORE, Petitioners request that the Board of Trustees 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
Signature of Landowners/Petitioners:
'' day of ° thbfir
Address: Adam Farm Property, LLC
Ltr.*> r PO)o. 40610 y
Resident of Property? No
Address: Thomas W. Adam
WOO
Lo GO 8-osoy
Resident of Property? y
9158_'7.2 4
2009.
LANDOWNERS/PETITIONERS:
Adam Farm Property, LLC, a Colorado limited
liability company
By: ! �►.�
Name: c o
Title: V .
Date of Signatu
Thomas W. Adam
By:
Date of Signature:
Sheryl Ann Adam
By:
Date of Si
Address: Sheryl Ann Adam
/..a fn 1 ( 2 eas-oe/
Resident of Property? e'.$
915827.2 5
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of Property
A PORTION OF LOTS A AND B. RECORDED EXEMPTION NO. 1313.4 -2 -RE 1085, ACCORDING TO THE MAP RECORDED
MAY 24, 15d8 AT RECEPTION NO. 2142263 IN BOOK 1197, BEING LOCATED tN THE NORTH 1/2 OF SECTION 4, TOWNSHIP
2 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 4, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM
CAP, "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM CAP. "LS
22098" IS ASSUMED TO BEAR N 00°36'47" E, A MEASURED DISTANCE OF 2606.04 FEET, WITH ALL BEARINGS RELATIVE
TO HEREON;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89°22'52"W A DISTANCE OF
258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2, SAID POINT ALSO BEING
30.00 FEET EAST OF AND PARALLEL TO A LINE THAT 'S 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4, N 00°36'47" E, A DISTANCE OF 2576.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF CO'JNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH
OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 4, N 89°30'56" E, A DISTANCE OF 258.80 FEET TO A POINT ON THE WEST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 4:
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 4. N 89°31'14" E. A DISTANCE OF 2624.85 FEET TO THE WESTERLY RIGHT-OF-
WAY LINE OF COUNTY ROAD 7. AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET
PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 7, S 00°25'00" W, A DISTANCE OF 2567.47
FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4;
THENCE ALONG THE SOUTH '_ 1NE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89°20'15" W, A DISTANCE OF
2633.83 FEET TO THE CENTEk QUARTER CORNER OF SAID SECTION 4 AND THE POINT OF BEGINNING;
SAID PARCEL OF LAND CONTAINS 7,427,416 SQ. FT. OR 170.510 AC., MORE OR LESS.
915827.2 A-1
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned by Petitioners
Name of Landowner'Petitioner: Adam Farm Property, LLC, a Colorado limited liability
company
A PORTION OF LOT B, RECORDED EXEMPTION NO. 1313.4 -2 -RE 1085, ACCORDING TO THE MAP RECORDED MAY 24.
1988 AT RECEPTION NO. 2142263 IN BOOK 1197, BEING LOCATED IN THE NORTH 1/2 OF SECTION 4, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 4, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM
CAP. "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS
22098" IS ASSUMED TO BEAR N 00°36'47" E, A MEASURED DISTANCE OF 2606 04 FEET, WITH ALL BEARINGS RELATIVE
TO HEREON;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89°22'52"W A DISTANCE OF
258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2, SAID POINT ALSO BEING
30.00 FEET EAST OF AND PARALLEL TO A LINE THAT IS 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4. N 00°36'47" E, A DISTANCE OF 843.30 FEET:
THENCE S 89°23'13" E, A DISTANCE OF 216.38 FEET;
THENCE N 00°36'47" E, A DISTANCE OF 353.56 FEET;
THENCE N 89°23'13" W. A DISTANCE OF 216.38 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID
COUNTY ROAD 5-1/2:
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4. N 00°36'47" E, A DISTANCE OF 1379.79 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH
OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 4, N 89°30'56" E, A DISTANCE OF 258.80 FEET TO A POINT ON THE WEST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 4;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 4, N 89°31'14" E, A DISTANCE OF 2624.85 FEET TO THE WESTERLY RIGHT-
OF-WAY LINE OF COUNTY ROAD 7, AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET
PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 7. S 00°25'00" VV, A DISTANCE OF 2567.47
FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4:
THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89°20'15" W, A DISTANCE OF
2633.83 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4 AND THE POINT OF BEGINNING.
Name of Landowners/Petitioners: Thomas W. Adam and Sheryl Ann Adam
A PORTION OF LOT A, RECORDED EXEMPTION NO. 1313 -4 -2 -RE 1085, ACCORDING TO THE MAP RECORDED MAY 24,
1988 AT RECEPTION NO. 2142263 IN BOOK 1197, BEING LOCATED IN THE NORTH 1/2 OF SECTION 4, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
915827.2
B-1
COMMENCING AT THE CENTER QUARTER CORNER OF SECTION 4, AS MONUMENTED BY A RECOVERED 3-1/4"
ALUMINUM CAP, "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM
CAP, "LS 22098" IS ASSUMED TO BEAR N 00°36'4T E. A MEASURED DISTANCE OF 2606.04 FEET, WITH ALL BEARINGS
RELATIVE TO HEREON;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89°22'52"W A DISTANCE OF
258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2, SAID POINT ALSO BEING
30.00 FEET EAST OF AND PARALLEL TO A LINE THAT IS 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4;
THENCE ALONG SAD EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4, N 00°36'47" E, A DISTANCE OF 843.30 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE N 00°36'47" E. A DISTANCE OF 353.56 FEET;
THENCE S 89°23'13" E. A DISTANCE OF 216.38 FEET;
THENCE S 00°36'47" W, A DISTANCE OF 353.56 FEET;
THENCE N 89°23'13" W. A DISTANCE OF 216.38 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID
COUNTY ROAD 5-1/2 AND THE POINT OF BEGINNING.
915827.2
B-2
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 nine (9) pages, including the page(s) of this
Exhibit C, and that the signatures of the Petitioners thereon were witnessed by the circulator and
are the true and original signatures of the persons . •.se name s(he urport. o •,c, an that the
date of each such signature is correct.
STATE OF COLORADO
COUNTY OF lJ�'tiCI
) ss.
C
orBARBARA BRUNK
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 10114/2012
The w.�
e foregoing AFFIDAVIT OF CIRC ATORs subscribed and sworn to before me
this MV day of 0G( -i5 .2009, by brlAct,
Witness my hand and official seal.
My comniissipn expires:
16 F i`1i7,0 Iv
915827.2
baithttAL---' 6(144 -
Notary Public
C -I
ADAM FARM ANNEXATIOM
Legal Description of Property
A PORTION OF LOTS A AND B. RECORDED EXEMPTION NO. 1313 -4 -2 -RE 1085, ACCORDING TO THE MAP RECORDED
MAY 24. 1.988 AT RECEPTION NO. 2142263 IN BOOK 1197, BEING LOCATED IN THE NORTH 1/2 OF SECTION 4, TOWNSHIP
2 NORTH, RANGE 68 WEST OF THE 6TH P. M , COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 4, AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM
CAP, "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-1/4" ALUMINUM CAP, "LS
22098" IS ASSUMED TO BEAR N 00°36'47" E. A MEASURED DISTANCE OF 2606.04 FEET, WITH ALL BEARINGS RELATIVE
TO HEREON;
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 89°22'52"W A DISTANCE OF
258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2. SAID POINT ALSO BEING
30.00 FEET EAST OF AND PARALLEL TO A LINE THAT 'S 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4,
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4. N 00°36'47" E, A DISTANCE OF 2576.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH
OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 4, N 89°30'56" E, A DISTANCE OF 258.80 FEET TO A POINT ON THE WEST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 4;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 4. N 89°31'14" E. A DISTANCE OF 2624.85 FEET TO THE WESTERLY RIGHT-OF-
WAY LINE OF COUNTY ROAD 7, AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET
PERPENDICULAR TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4;
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 7, S 00°25'00" W, A DISTANCE OF 2567.47
FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4;
THENCE ALONG THE SOUTH '_!NE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89°20'15" W, A DISTANCE OF
2633.83 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4 AND THE POINT OF BEGINNING;
SAID PARCEL OF LAND CONTAINS 7,427,416 SQ. FT. OR 170.510 AC., MORE OR LESS.
915827.2
A-1
RESOLUTION NO. L- -�
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE ADAM FARM ANNEXATION TO THE TOWN
OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Adam Farm
Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to
the Board of Trustees of the Town for a determination of substantial compliance with applicable law:
and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
subject property for annexation and zoning. if requested in the petition, and
WHEREAS. the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The petition, the legal description for which is attached hereto as Exhibit A
and incorporated herein by reference, is in substantial compliance with the applicable laws of the
State of Colorado.
Section 2. No election is required under § 31-12-107(2), C.R.S.
Section 3. No additional terms and conditions are to be imposed within the meaning of
Sections 31-12-107(1)(g), -1 10(2) or -1 12. C.R.S.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining i f 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"d day of October. 2009.
ATTEST:
Ludy Hegv od
Town Clerk
1'‘i:LlA'n rvenirnc \d,rn F.tro. onipisvn
2
Chad Auer
Mayor
EXHIBIT A
LEGAL DESCRIPTION
ADAM FARM ANNEXATION
A PORTION OF LOTS A AND B. RECORDED EXEMPTION NO. 1313 -4 -2 -RE 1085. ACCORDING TO THE MAP RECORDED MAY
24. 1988 AT RECEPTION NO. 2142263 IN BOOK 1197, BEING LOCATED IN THE NORTH 1/2 OF SECTION 4, TOWNSHIP 2
NORTH, RANGE 68 WEST OF THE 6TH P.M_ COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 4. AS MONUMENTED BY A RECOVERED 3-1/4" ALUMINUM
CAP. "LS 22098", WHENCE THE NORTH QUARTER OF SAID SECTION 4 BY A RECOVERED 3-1/4' ALUMINUM CAP, "LS
22098" IS ASSUMED TO BEAR N 00°36'47" E, A MEASURED DISTANCE OF 2606.04 FEET, WITH ALL BEARINGS RELATIVE TO
HEREON.
THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4. S 89"22'52"W A DISTANCE OF
258.81 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 5-1/2, SAID POINT ALSO BEING 30.00
FEET EAST OF AND PARALLEL TO A LINE THAT IS 17.5 RODS WEST OF THE WEST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 4,
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE WEST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4, N 00°36'47" E, A DISTANCE OF 2576.65 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-
WAY LINE OF COUNTY ROAD 26 AS DEDICATED BY BOOK 86 AT PAGE 273, SAID POINT ALSO BEING 30.00 FEET SOUTH
OF AND PERPENDICULAR TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4:
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 4, N 89°30'56" E. A DISTANCE OF 258.80 FEET TO A POINT ON THE WEST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 4.
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND BEING PARALLEL TO THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 4, N 89°31'14" E, A DISTANCE OF 2624.85 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF
COUNTY ROAD 7, AS DEDICATED BY BOOK 86 AT PAGE 273. SAID POINT ALSO BEING 30.00 FEET PERPENDICULAR TO
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4.
THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 7, 5 00°25'00"'W. A DISTANCE OF 2567.47
FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4.
THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, S 89'20'15" W, A DISTANCE OF
2633.83 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4 AND THE POINT OF BEGINNING,
SAID PARCEL OF LAND CONTAINS 7.427.416 SQ. FT. OR 170.510 AC., MORE OR LESS.
3
CLASSIREDMISSI wit,
brew 14 x 4•s I Motorrydes/ATVs
DODGE Ramthaesfer
s. lice
fort :°m,p15.1.
515I WI GI KAI
Mead
Shr 77 040, Et 775012
2001 JEEP LOPS Greet
Em condi Ds.] RI
WED DSO 906-5016
n.
• 1.2 Sao peon firs F n'att
dais Dc De pe0 0, 50410 I
Mobile/
Mondaelured
Homes/Spares
`is Amused., Cougar 5Dott
99S 'sire° Pl5k 'r 6900 Dale 0600
13131113.11 1.'313331 1311 1111 11111 131.1
o•0111^ 970.211 4207
e
.5r um Ott., )wain 59`
MO Harley D
54-31 505 30551930W
I') Etaln, Fenced yard
.1.500 vI I+m m 1525
• moliaLE hrOmES •
We re REY 09 ISM Sete .
.1,5550.5 on our OC
The Herne
b Clayton 11 a me`
Nnwat/Oonbami
Autos For Sale
PONTIAC FIRED'
103 m'ms or 7201311651
1M0 JSCP
Uphvislory BOW
ZvaL
CPAXLP Wit Public I Publlr Public I Public
Iogds 9010 Legals 901011egals 90101 bagels 901 Legal, 9010
PublicWei:Peony, November A PORTION OF LAND , snemnon, anti i3 a ODE 54 AT PAGE el Colaraeo
begets 9010.irtr„v„!",; rtst,r„ ,,TUATED IN THE • COWdled a wows!. ap ID POINT ALSO Section 7. No election .3
SOr. HALOF OF SSC. orovel of an OE Se G10.00 FEET 50U H sou red under 5
sPnwre t Al0a 4, X tbe Publ. Hearing Is WEST OF THE SIXTH • rosin -SW.. Cohn Ag. 0 TOE NORTHW ST tempo ond denditiOns are
XXX MP PSIS'S to poster a reset for PRINCIPAL mERI D. I riculDrel the eon p rt Cf ARTER OP 5 ID to be Soared within She
wow Ecuador.
g AN, COUNTY OP wpeyed Is Planne VW 5. TION 4 AND HE mean". of Wolin, 31-
. oosed to oe annexed Po VELD, STATE OF i D e .. e I o pm It, PO NT or BEGIN. NG, 12-107.11.4 DIMS or
ixt. oars noc0Ir_CRaISZ.:5,9,51 •.tse Newby Wart Amex MORE PARTI,CilLARLYi AW-do! WeldooWirmay appear A ONG THE Section 4 The Board 0.
wy: ••• ggpgigg thg „mg,. awn No 1 am, lo as DESPELBED AS FOL• et ine Ps. slogs SO HESS I IN OP Tins, w li role 5 puo
„ so'. 2! orpow to The enahno TES OF SECTION O. AS , 'oration of the n open, w L I E OF T H E comp ies with Sewlons
, COW, ew 4O7•01Wr 40, toning is WOO CouWy Ag MONdmENTED BY A I'. soMheafi orner or NOR HWEST UAR. 1,12.104 end 11.12205,
ricers, The zoning re. RECOVERED 3.1./.0 I Weld Counly R ad 26 apd TEE F SAID S OTIS: C R.5 and will hold a
RVs, campers s D
Toppers ° °THE en 1
M:
al �. SAID SECT,. KW, the an proton re- SA I D ODT
n wnt • r.n
en°c D x a'.
45 S. o 5h °e' m : oar no co .n no . VW 5511 ED Comoro 'annexation LINE
CallDn .e
extrat et 7.00 oyn , tnurscley. TO BEAR N 81•105e E. • pension, 4 ...on lino WORTH QUAW Decent- Xi =Oat 7.00
. SUDS a- i.zn METRO
Cris ym 2 TC OF
EC TO D
` Snowmobiles SPECIAIF
Auto Paris A 1995 Arctic Cat NEEEEEbEE _known as the Newby TANG! OF 40.00 FEET
arm AnnestIon No • to TO A POINT THAT IS
GiyEN that The awl of she Taw of Firestone, 30 OD FEET ER•
the HARVEST UNC- requirements., Iberia SOUTH LINE OF THE
aroN METROPO TAN Xes of Ise Swop/ Coto SOUTHWEST SEAR.
DISTRICT (Me DI 01TER OFSP 0 SECTION
CI of LO a 0 I tale a oho to t„ To 23 AS W oLL AS BEING
Sport Utility - for the GI -noosed RIGHT -OP -WAY LINE
Vehicles
200IGNIC Yukon XL- Clean Blvd" 5005 650. Dow, property The „wring NMI HER,' RIGHT -
Carts Pontiff.: Develop. °royal ol an Oullino MAT PAGE 373,
MS72-1999stakdowo Yaw of conducting auch MAI rkult,,ral. int twine re- FEET NORTH OF AND
names may cone twfore wrested is Warped Unil PARALLEL TO THE
pacti Rott OA Epp G
SOUTHWEST GUAR-
rneNF E ET, WITH ALL compfianc with She op- 'TANTE 0 70 14 FEW tray aWeer at shot neneacre
Colorado 00320. The ph, BEARINGS RELATIVE OW•bit „CT we State I TO THE UTHEAST Inc ard preset <old
nee
assess, nen eee., Nod TER oF sArt SECTION mem P n and dcw•ap LOT A P SEINE Sonion 4. Upon cornole
Porpliar Gr Pox Clean
Caries .50 1PFSAS
JOG 72-511151eviesen
E lo
hocks/Plebup544 4or, wror 54,
5411X WE", "0-3041404 11" WD°D Xi" ;VW OcOPOWdBLIWK haS
1010 Tosela Rau, Cleal the Dwn-IFISASOWKW"
011151TStErwn0370 E Crescent Park
5UsEs' m`a l
Judi Autos Waled
L.
Unwanted. !NE UL
Cars, trucks.
SUITS Call me IS Coil me
+ usvor DILI-
o Town bd 7 ranch WSW., PrOiele width, d° Swel$331 SO Min a Up tO SS for your
PUBLIC LEGALS
°ate ee o,"s olaekadapt in It Me 2010
a5 WANTED Ss Publls
JSr- i^Ma51 lo)M21i595 Un TOP $SS Pelacka, bagVS 9910
to rye. UOS)10NW0NOTICE T.
Red Sate Wanted 1CREDITORS
Ire RISS "rspeC+len r will be at tno
D anC 5505 MocAn
l0 eMt alai Mtn0 )1lao
04 of Never,„), 5555
enr Alter 0
tong•nwil Real Estate
Ja Ben.le .DJ ES DID
lest e OK
A1IOT '7C9ft
Wheels
41 4's
Ades Wasted .
CHEAT "EI.A ES C
leaded way wit 4.2.5
64 5,1030 WS 40 W 0 a
cm the aWyewanwel
„went Med so The Per
aortal Reoreserlidive or
W District Court of law I
dor coup, „wow, on
or Wfora February 27,
2010 or ?Welwyn mar
Be fOre,,erba„„
Linda Migs
ES ftnox�S20-22g or Wt 23105eiPa° t IprceoRepresentative
CARS TRUCKS
17. pay sieve ai SW ari
1203160 0300
Metoreyeles/ATVs
e HONDA S2055EY.
F L250 SATv/dEav5 W ill
T YY43-eabopo5& f )curs n,
W,01a barrel
• in951ae6
A pulp
N HC PW Sl v/W` 1
13.1599111 • Axcnisuvu e sac,I (303)654-M98
01505100!-
MOTORCYCLES e,
.a.aa ran mdsnmoc
4drenue van .1331
IC
NOTICE OF HEARING
PERSs "NT.RTa°houlaer CountyBrim EiEEL,,,,E
Erw
tr
FooSE
PE`A of lullon No BIDS
Ic • n wn Eve
Set
ar cElEr c, Town of
Mentos seisms
plan and EmnExeircE,
tistwalw lids oft Ite of
the TownClerk 1H Want
Avenue Fires ne. co
as ORDER OR THE during gular
BOARD O DIRECTORS o on re
uMETROPOLITAN I Octatier MOO
B .11 COLORADO .
'Own c,ErE
A RETOWN OF SOLUTION
EDI vE
STON
All persons Paying claims THE NEWBY FAR
ea.. are rewired `; I THE TOWN OP FIRE
swag berwesontalow or
to CIAMPI Coss 0. SRI
der. CmnS, Wes. oe
or Wise MSS I. 2011
or the clams ens 00 1D-
Ser hewed
Glencoe. MO WISI
Attorney for Personal
Rahreentaltym
LYONS GADDIS KAHN
6 HALL. PC Piss No . .9910
.o s:wl0x 1. 6S m
Arty PER 0.11166
Cad. LOPOMont, Colorado
Oclotier 27. November 5,
Pulalimed in the Tishah
Mr Asset., el Penal^
W▪ AY LINE COuNTY
ROADS AS DESCRIBE
THENCE ALONG SA
E.ASTERLY RIGHT.
WAY "NC COON
ROAD S. N 1010 fir
NORTH OF AMD ER
PENDICULAR 70 HE
SOUTHLINE OF THE
SOUTHWEST EAl,
SSTOF CA G. IDe E �
HE A
LINE 60.00 EET
NORTH OF AN PAR-
ALLEL TO THE OUTH
LINE OF THE
SOUTHWEST QUAR-
TER
E EAST
S OUPHWES GUAR
TER OP 5Al SECTION
NORTH OF AND PAR
ALLEL 70 HE SOUTH
S OUTHEA QUARTER
A DISTANCE
OF 1524.9
TO
WWI 44
THAT I
WEST AND PiER•
SOUTH AST QUARTER
THE WESTERLY
ICH OF WAY LINZ
00 ROAD 7 AS
Illt0 IN BOOK
won me Town Clerk of AI T OF WAY LiNE
155 E A DISTANCE
the 503,0 of Trustees of , OE compliance wen ap P
FC"o CR TO puha nearing 73
on
WHEREAS. I 5051,0 i OLITH LINE OF mine the `The Town Mr a „ter I P 31.12.10. and
of TruSteeSwisheS per VA eery, rewested In the
ErEtiEr, RI the sW1OCI BE NO ON THE -Town H•ll. 151 Grant
proOy 105 annexation NORTH PLY RIGHT- Avenue, FirIona, Cole
andin IX°�itlesT, a a°" It 001:05
of Try'''. has review' M AT PA 275 Seaton S. An; 550535
THENCE ONG SAID may sower al audit how
wr4 1.5 •05 INS PAR LEL TO annekallen, or Inc pro -
FIRESTONE. NOW. THEREFOR THE SOUTH LINE 0? dosed vont.. COLORADO BE IT RESOLVED Y THE II EAST In the petition
NOMCE OF THE BOARD IS OUARTied
SER° desPUBLIC HEARING
Merl a SSD. dared PAR A -L L 70 THE I on oi Me nests the
SS a co file and NORTH lie OF THt Ward of Trun•s w.li sal
`„A OM with rotE,nce to rne ell
Awn . Firestone CO TANCE FEET ollolli, 11 the woo -wed
MP 510,05 regular TO TH 50 WES1 mineral's, and wnether
0051 55 now, CORN OF IDLOT the statutory
Oat c tis 7015 time of A, SA POIN ALSO • rep...meats for the pro.
N OF FIRESTONE. L I N OF T H E teen met. and turner.
CO POE UE0.- will dolermins the appro.
To wet A n.,nlDroops
if rearrested
ION FILED WITH THE T CE OF 37014 ET I h., Sep met and Mat
OWN OF FIRESTONE, T THE POINT OF , Mr propeoed angestion
NE MEADOW FARM, 5 I 0 PARCEL C N.155 10e Slate of Coloredd
A RESOLUTION FIND- WE F 0 HE „Winn 0 if Me Herod
yy,th he Cr
the Town Of Firestone. T W. G
mayor
Re de No o
c. 5,- is „rob,' Riven Town Cie,
WHEREAS, the Board none P Lanni no ano Zen -
or eoe tor a nn .7 ian
BE '7 ESOLVED
THE BOA pt, OP
TRUSTEES 0-ry
mono. , The slit en
RIMS It alTaCrIS liereTO
at Geier and incor
peraWd heroin by refer
ince Is In ppounce' on de•
Seeps 3 No „Weimar
Sable leos of the Stale
of COLOraS
112 WW2)
R. S
to be imposed wthln the
oror000d —.or on
rho
Notts is hereby Owen TOWN OE FIRES° PICEdWAIDOWIFTA 0:57 OWE 013rArd&olthi0go°Wpe"st° its",
State
• 1,
0 5 P tstoet
toDeImpMetrgdana m the
Sell, Advertise, Recruit
WIPWAITROMICAL
asMEnm
I•
—
Neinem
aWskshallOl
kvs,..),
"WISH
0lIE "CE
IN
L'S
EII
.r.n.T.
rows
0521 0
Board of
Trustees cold • pub
de hearing r the pur
woe 01 dela Inino if Me
PrOposed Aspen.
complies DA Schwa
pubrcic he
mine the ra0Nate3on. Of
ern. it r vested the
Town an, 151 Gran,
Avenue, Firadow, Cole
wdo ad O. on Masada,
Dice rn
2
rowdy Rood Sand Welt
LEGAL DESCRIPTION
a DAM I- ANNEX
OPTION OF LOTS A
Wednesday, Noyer„ber AND 9 RECORDED
rado 50021 The chroose CORDED MAY 21 WM
Ottt qq�� .A000R0Ix°
ol P., Waring Is AT RECEPTION NO
00000 05 be a n.ed lo THE NORTH IX OF
ME nd Almown as SECTION I TOWNSHIP
saaREAdaw oo nns.,Roa RAVE IA
w _
pien for Me „serty COLORADO LING
rural The ronigp re LOwS
Further Mats o rAaRcaa
imales al me Town DE
it Heats commenong OF SAS SECTION BY
at 7 00 rn Enures) A RECOVERED DI/45
December 10 205 ar Me ALuMINOM CAP WS
• ISE
Colorado WSA. The pur'I MEASUREO DISTANCE
CORNER OF SECTION
3-I/45 ALUMINUM CAP
IS of CP a Petition for ',LAGOA
Of coiorado and 5 eisore
nnP5W.dCSEI111 Ah
5N o057 oT .5"PEST
EASTERLY 5131W OF
WAY 130.00 ST/5C°s
3000 FEET EAST OF
AND PARALLEL TO A
LINE THAT I5 17 5
"°e or EAASoT POINT A„0 BEING
D° UAON-
iRieNce ALONG SAID
p EASTERLY R
Ars Derson May Owlet; PARALLEL 70 THE
at the Filen Hearings WEST LINE Or THE
WAY LINE AND WEIN&
TER OF two 4ECTiON
A 0 66 FE
70 A POINT ON THE
OF WAY LINE OP
THENCE CONTIN ING requirements for The prw
ALONG SAID Rossi sEnExEE,E, Pam cp DSOILATED BY BOOK
NORTHERLY Ri T- Won Tie, and „War. ON Met siThiect of 8.6 AT PAT. 212, SAW
OF-wAY WNE AND -53 Roll Storming the app -o.
I NO PARALLEL prbat• wring 01 two sup
THE SOUTH LINE F :stompers 0 reset.
THE
QUARTER TANCEE a D
2604.47 PEET EAST.
POINT RON hove PO:ea`e
AND REOPLINEY ROAD 5 wooer wrier Tne laws Firestone OwnOrehenswe INS PARALLEL TO
ENING; PO T OF the State of Colorado. els. SO tonsil, on THE Roam LINE OF
or arinayino Me
QUARTER
05 aR
S aT ET� OR 155602 ASAID PARCEL C., e pandas SPEWS l DISTANCE
Pirelkne. and availatole for WW1(
Published Is the TIT.' $133. one Of more or Olastion in the office of POINT HE
rod?. Noverntler 3.10. lest il den . CO11 NORTWEST
LOSmont. COM dna es zoning nu out? 7Own clerk, Pi Swot HENiST EATUAR
December 1. DOOR regular OP OH SAID SECTION
A of Resoluilon No 09 IA
TO7-
WN OF as day I••PTEOt 22002 Dated me 50th Sy el _ SAID
Ocher, 20"7 Toe°a°NMOFj°09. FIRESTONE. RrE AND
SE.
OF -WAY LINE
EL TO
r 0,
009 el 1. NO COLORADO OFATTEST. Judy
WOW. HEARING Judy id•oiHewn,.
SHE NORTHEAST
ECN Y Am err RESOLUTION NO -W-30 QUARTER
tist the TOOT of Fire EX SIT A A _ Et.. Planffing Ind LEI, LEGATO Cif ipTiON IN G SUBSTANTIAL E. :Oo . NNar SAID
o
0e Commlosiss SU hold m E A D 0 FARM COMPLIANCE FOR AN 1624.5 FEET TO THE
corstenOrto at DOR 0 m , A PORTION F LOT A TION FILED WITH THE WAY LINE OF COUNTY
M. 1001 al Me FlenI04. WON NO. I 13.04 -2 -RE COLORADO. KNOWN AS
Town Hall, MI Gran! Os& ACCOR ING TO TER A DAM FARM
Awn.. Donlon& Co. THE MAP R owlet ANNEXATION 70 115F
A PUB.
SW — RING
zoning of or „env o a�TEsROF°SEWN WHEREAS. a tension
"
ca", SOS 963 Manufactured se,,.,pn6 SnewmebibsEC AL MEETIkG PoforSOUTH CI me mo
Homes/Spaces To PROPOSED annexe, ras Dow p ley -FR OF SA D SEC., Geo Pia, one Helm 4" T A AND. B I NG Sechon I cormie
4N Park & 6010
1985 Ard c Cal
Attessenes the Town of Fres one M 9^ FEET PEP moem cm nth off re or TCR e SA D 5 Cri, 'Ind rs end concurs,
Cougar soo60 s LIAR form 49. reszlutior ts
C 2800SIVII021 s 5600 Boa o
-00/1911-1216, ", OGEE A)0 2u 1307 _
T e nomPon y Me 1 om as 07 .001 AS BEI, Dated Me 3 h ,a9 0 A SAID P Mr ALSO i requirements tor Ma AO
CC s n. I I .,,IIIIINe[II: Lr'IrTIIIIrrIcate i•63 1, 4merrri^e ihe ion DA THE PIONTHERLY °Kober 20IX BEING HE WEi' nwed an (wen, nave
Sped Utility Imam eel, at 3 00 km for the orosomo RIGHT OF A.M., Li NE MOEN OF 1-1 EW0NE LINE P THE Wm mo a. MN,
ECTI IN pr re Er, M the sub
0 10 1,ax iluks Per Sale VehiclesFunattori OeselOMAM coma of en Whim X F FAG 273 °, ,
0
0 Ti Cr REBMD !act mom, I" Moms ed
oerty 're m s• -a NOPTHEM y RIO, A. RESO_ ION F Ike. ' mEST mE OF Tim Sect on if Me COW: et
n to 900.000 Co < ^o s seiC Co. „Tom, „a oo,ovoToo, , so, wo, m n, 23 , 3w^ 5 on stay nme „Es I ol Min, So I bus riculimal We Erim re FEET AOR H Oh AND CAMPLIA CE FOR AN TER G SA 0 RCM, r, so w on ha el
Ws re bus no too MI, X nem as n av core hero, Fond s P anned Ur a APAL LEL TO -"HE AN k EXA ION. PC, e 34 G 3C• A DIS eta utory reuo rements
uo reew coop Ihe Be, 0 o • e I 9 p rn 2 i I SOUTH LINE Or "NIL -AN PIL DAWN TIM TAN OE 370 PEET nay• Wen mot ard Mat
rhwoe bOrn EMT', Ma Pon, app osal cloy CC Homes c ao,„ „„ XERES. GI EN rot a my person may appear TEP OF SAID SECTION CO-ORA 0 KNOWNAS eh NN NG ^ rouser 3,er tne lews
xi.fmsf rvB u.
FURTHER OT FE IS Acrimm, . SOOT HMENT GUAR TOWN 0 F RPMONF TO HE POI T OF tte :reposed annexation
canoe .Pr,,n L,m,„,rn oem 2773 A 1. b ttm t e HAR , at home rem em. -ANCE OF X X PEE- ANNE 'HON Tr -ME I mA 5 Ill DE SC FT the Maw of Mus,s
. 9I 2111,92 70-O032la
o 0 0 k Trot/pickups `OR rner peas one or Mere
-
Milky 0991,2 Elm I eowl mmes annex, •he
20039 ht III,On HIP. R R LBOOK Be AT PAGE wHE EA; • minor m.^ A E>,oM. ...^ 36K I N 1 r Ira Mx ,en thee in me rice el I Coon, Road I end Weld 2'3 AND -WE POINT OF for an exahol Of cerMin .4 n 0719,.^ >n �T ayos 2010 Toyota F, .037713333 11 -le 0 MI -MA, want Como X, 71The 'ere BEGINNING nrooe 0 no tee Mc, as
r,
L Clear 901 ° CM CIF, Guneerson LLP ..ma. �,
F Anne MINI Ms bawl Mod
Niwol Gueher elw em Su 1.0 00 1 hr monexemnirmue, Is MA- LINE C04,TY NM ha Town Clerk 01
w age
ark
lank Ardor Wanted
tf
E HAUL InYeile, TruCks
UV% Cal Me 24, Call mc
aot WOW<5105003 Li 9969
IMWented veniC es SIO0
DC Townxwo09,900 mn S. 0112SM( 09020
PUBLIC LECALS
WANTED SS Public
1x,11 '"rf° Lngds 9010
1- ••� pFN6T91<R
1303170.-30.0SOTICE TO
Real SSitleWneledBY PUBLICATION
r Aube Walledro
°
9, FuelO,Els Mel
Longmont Real Cst, CH1dRY co
22R 67rRe 991223°R733 I 2-33°I I, FXI 9009 PR 119.:9
CARS IS TRUCKS
pIy ter COG,
Stew a• Euee
1Z1GR Dyar
404's F,E uprwidee, coign October R^^emo07 3, AM0 Roo I 23166 0 re fs S. DM Boar_ December lb 2009 of , Lonornont, Color., ol Toolsea hat TeyieWed X AT le E 293. Section I, Any ooeson MOCK, The exlsenn WEST LINE n1e s o. o r Roil vrr0 mn9 HEAST S r x
3 u n .110 tin `,gin SOAR
H9 AC' ' EcIloreHo I todInns in 97,010 Me ' F.WA LINE AND OE relativ• lo the moms. „rmed is Planned Unit 4;
PL o^eef corner,.
p 1.301511 (303)681-O698 L TO THE
Case 0 0 aRD OF CI R c THE
t o Notice A hem, owen TOWN OF FIRESTONE. DISTANCE Or Board of TrunreeN oil set and , MAX Moan.. NORTHEAST C Ina. Fay, Met the 32, , Fire„ COLORADO.
CUAR
MoroRC9O.C. art echo 0rasne
stool Piannino end Con 1 Section I. .. , E. DIS
L2L • L6✓>tTION
r E INFOWM CEOID _
ram a
enwroe us, Lutes, Frei, Bexo Lone, commenC,m of CM _ SEWN, 21,399123 and oriel, 2010 35, tetween WEI SOU 'MERCY RIGHT, I pOretee here. ily refer 3. n e s 1 et 0 Tor • County Pose 5.5 and Wein OF -WAY LINE OF
enee. A. . substantial T CONTINUING requirements1m, pro CoentV Road T. Tne leo, COUNTy ROAD Sell, Advertise, Recruit nEOF
L9
no . ',too, Mtn, Ih• . A DI ANCE OF rem., on. that ell petition is In substantial SE, ON A.
I 7.:if Filpit:f, SRI, it olorr., if. 3,.:.; R.STEIRT, 0F, EHI TROT" tatutory requirements compliance with •he ea THENCE ALONG SAIO
have bow tries ma thee nioable Imes or the Slate MEI NE,Ly RIGHT -
n the We,. Copies 03 the annewahon TO TIE NON,. LINEArTsdadred Tit r.:1';°!. ..`,2,,,t Lyn'Hu" • 2 • 1',,ri'Di one, :Tire Rol CoiRortARIT27, 9TRiaioTRA20then:TRArRvonR: INF NORTH LINE OF
' III. C.4 5 [RCA IZIG T•OXWAY he proposed annexotion Of COM,.
Ho Distort may o ao, annexerian kindE 00 GO FEET e Mon al fee fuo ecf
time Quer ro 7ne Mel s are en Me ere bil)U TM/VEST QUA 12 WHEREAS. the Ewre Firm., Colo
adoption ol the bee- sosure ler ouyor 7ER OF SAID SECTION , Nolo MOO. The ourtose The mmtinn is �� the swbor 00 rue, Firm/one, CO POW r ON n lo th Town Cleric MiGrent TANCE OF 26.13310 edoor uy ReaNuorro es DeoNder reouem rer
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Transmittal
To Weld County Board of County Commissioners
From Bruce Nickerson, Town Planner
Subject Adam Farm Annexation Impact Report
Date November 20, 2009
Please see the attached Impact Report for the proposed Adam Farm 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
Adam Farm
Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Adam Farm Annexation is shown on the
Annexation Maps (Attachment A). The area to be annexed includes
approximately 170.5 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 and
commercial 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 Adam Farm 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
Adam Farm
Impact Report
1
will be financed through impact fees, taxes, charges 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 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 density of the proposed
annexation is still being considered by the Town. At the proposed density it
is estimated that there will be 115 elementary, 49 middle, and 54 high
school students, for a total of 218 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.
Adam Farm
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
Adam Farm
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 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 Clerlq 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 compe■cation.
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. Tncnrpnratinn of Reritalc The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. fie. 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 -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. Annexatinn liniment¢. 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. Artinn nn Annnatinn Petit -inn 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 llevelnpment 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 nd by rights -
of -way for streets and other public ways and for other public purposes, as required
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 planing, unless the
Town specifies another time.
8. Pnblir'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 atgrees to
enter into an agreement pertaining to such improvements and other matters prior
o any
development of the property.
2
EXHIBIT N
9. Jmpmvement llictricts 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. ('.nnformity with T awc 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 R rpeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's
legislative, governmental, or police powers to promote and protect the health, safety, and welfare of
the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the
Town of any tax or fee.
12. Disconnection No right or remedy of disconnection of the property from the Town
shall accrue from this Agreement, other than that provided by applicable state laws. In the event the
property or any portion thereof is disconnected at Owner's request, Firestone shall have no
obligation to serve the disconnected property or portion thereof and this Agreement shall be void
and of no further force and effect as to such property or portion thereof.
13. Srverahility 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 Servirrs. 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 R ightc Owner shall dedicate water rights as set forth in this section.
3 EXHIBIT N
A. Residential Uses 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 lisps 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 Rigits/Rigit of First Refiisal. Owner represents that there are
appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and
set forth on Exhibit "BTM, 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
an offer
be an by r
by a bona fide purchaser, the purchase price to be pal by the shall
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 wider 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. Cprrial Prnvicinnc [Leave blank for special provisions.)
17. Owners Accnriatinn. If required by state law, Owner shall organize an appropriate
unit owners association or associations for given parcels and/or unit
within
tht in edevelopment
Common
of the Property. Owner shall form any such association(s) pursuant The Owner Colorado also execute
Interest Ownership Act ("Act"). C.R.S. Section 38-33.3-101 et seq
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 T)ictrint Tnrincinn 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. Fntnrr C.noprratinn. 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. Tnciemnifiratinn 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. !. As used in this Agreement, the term "Owner" shall include any of the heirs,
transferees, snrressors, 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 patties
thereto.
24. Amendments to law 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. Rintiing 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 Ow.per'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 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:
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. Flertinn 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. T egiclative Dicrretinn. 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 ball 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
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 [sjl]F:\Users\Sam\ WFDocs\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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