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Home My WebLink About20080803.tiff Firestone A Community a•Wm� In Motion 190! February 29, 2008 Clerk of the Weld County Board Frederick Area Fire Weld County Tri-Area of County Commissioners Protection District Sanitation District P.O. Box 758 P.O.Box 129 P.O.Box 213 Greeley,CO 80632 Frederick,CO 80530 Frederick,CO 80530 Bruce Barker,Esq. Mountain View Fire St.Vrain and Left Hand Water Weld County Attorney Protection District Conservancy District 915 10th Street 9119 County Line Rd. 9595 Nelson Rd,Box C Greeley,CO 80632 Longmont,CO 80501 Longmont,CO 80501 St.Vrain Sanitation District Town of Frederick City of Dacono 11307 Business Park Circle P.O. Box 435 P.O. Box 186 Firestone,CO 80504 Frederick,CO 80530 Dacono,CO 80514 St. Vrain Valley School District City of Longmont Carbon Valley Recreation District 395 South Pratt Parkway 350 Kimbark Street 701 5th Street Longmont, CO 80501-6499 Longmont, CO 80501 Frederick, CO 80530 Central Weld County Water District Weld Library District Left Hand Water District 2235 2nd Avenue 2227 23rd Avenue P.O.Box 210 Greeley,CO 80631 Greeley,CO 80631 Niwot, CO 80544 Northern Colorado Water Longmont Conservation Conservancy District District 220 Water Avenue 9595 Nelson Road,Box D Berthoud,CO 80513 Longmont,CO 80501 Dear Sir or Madam: Enclosed please fmd notification of a proposed annexation to the Town ofFirestone,Colorado,to be known as the Firelight Park Annexation Nos. One through Three. The Public Hearing on the proposed annexation is scheduled for Thursday,March 27,2008 at 7:00 p.m.,as described in the enclosed Resolution Nos.08-08,08- 09,and 08-10. Also enclosed are copies of the Petitions for Annexation as filed and the notice published in the Farmer and Miner on February 27 and March 5, 12,and 19,2008 and in the Daily Times-Call on February 26, and March 4, 11, 18 and 25, 2008. TOWN OF FIRESTONE, COLORADO Judy Hegwood,Town Clerk 4ictc C�'it3 /110 t. FL-I so, Olen 03( (° 4--)a L)C≤ 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 2008-0803 i I RESOLUTION NO. 08-CS A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRELIGHT PARK ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON. WHEREAS,a petition for annexation of certain property to be known as the Firelight Park 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 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 C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petition or annexation agreement. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§31-12-104 and 31-12-105,and may 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, March 27, 2008 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,may 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 may pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 14th day of Febru , 2008. socnht1 icisT i ° i i Michael P. Simone g� f�l 4.'• S raft Mayor 44<frUEST:fr..9 444 (r „°ooeo' (A® ( L, ew' n O' dy H ood Town Clerk 2 FIRELIGHT PARK ANNEXATION NUMBER ONE LEGAL DESCRIPTION ALL THAT PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 AND STATE HIGHWAY 119 RIGHT-OF-WAY SITUATED IN SECTIONS 3,4,5,8,9 AND 10,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE-QUARTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04"EAST 2,667.45 FEET;THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44"EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH 87°39'56" EAST 578.93 FEET;THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH 01°05'44"EAST 1911.54 FEET;THENCE SOUTH 89°08'36"EAST 677.38 FEET;THENCE SOUTH 01°05'44"WEST 1873.76 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES;THENCE NORTH 87°39'56"EAST 1309.28 FEET;THENCE NORTH 69°56'56"EAST 57.77 FEET;THENCE NORTH 0°43'55"EAST 11.49 FEET; THENCE SOUTH 89°16'05"EAST 80.01 FEET;THENCE SOUTH 70°23'20"EAST 65.87 FEET;THENCE NORTH 87°34'40"EAST 359.60 FEET;THENCE NORTH 85°10'40"EAST 190.60 FEET;THENCE NORTH 83°36'40"EAST 194.00 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,830.00 FEET,A CENTRAL ANGLE OF 09°47'31",CHORD OF SAID ARC BEARS SOUTH 87°32'07"EAST 995.13 FEET)A DISTANCE OF 996.34 FEET;THENCE NORTH 88°35'23"EAST 333.17 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 11,310.00 FEET,A CENTRAL ANGLE OF 05°26'27",CHORD OF SAID ARC BEARS SOUTH 85°23'49" EAST 1073.61 FEET)A DISTANCE OF 1074.01 FEET;THENCE NORTH 68°29'11"EAST 111.20 FEET; THENCE SOUTH 68°28'19"EAST 210.70 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAD CURVE HAVING A RADIUS OF 11,340.00 FEET,A CENTRAL ANGLE OF 01°35'02",CHORD OF SAID ARC BEARS NORTH 89°41'56"EAST 313.50 FEET)A DISTANCE OF 313.51 FEET; THENCE SOUTH 87°01'49"EAST 282.30 FEET; THENCE NORTH 88°54'26"EAST 3,250.80 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 23,020.00 FEET,A CENTRAL ANGLE OF 01°20'28",CHORD OF SAID ARC BEARS NORTH 89°34'40"EAST 538.80 FEET)A DISTANCE OF 538.81 FEET; THENCE NORTH 45°41'26"EAST 71.30 FEET; THENCE SOUTH 89°28'34"EAST 30.00 FEET; THENCE SOUTH 89°32'45"EAST 30.00 FEET; THENCE SOUTH 44°22'45"EAST 70.50 FEET; THENCE SOUTH 89°32'45"EAST 2,352.70 FEET; THENCE SOUTH 75°58'15"EAST 105.70 FEET; THENCE SOUTH 89°45'45"EAST 1,445.14 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE SOUTH 02°08'27"WEST 77.30 FEET TO A POINT ON THE SOUTH LINE OF SECTION 3; THENCE ALONG THE SAID SOUTH LINE NORTH 89°51'33"WEST 10.23 FEET TO THE SOUTH ONE-SIXTEENTH CORNER OF SECTION 3 AND 10; THENCE SOUTH 00°14'09"WEST 72.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT-OF- WAY LINE THE FOLLOWING COURSES; THENCE NORTH 89°45'51"WEST 1,135.41 FEET; THENCE SOUTH 83°06'39"WEST 201.60 FEET; THENCE NORTH 89°45'51"WEST 149.90 FEET; THENCE NORTH 89°32'51"WEST 2,404.00 FEET; THENCE SOUTH 45°32'09"WEST 70.80 FEET; THENCE NORTH 89°32'51"WEST 30.00 FEET; THENCE NORTH 89°28'34"WEST 30.00 FEET; THENCE NORTH 44°23'34" WEST 70.20 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 22,820.00 FEET,A CENTRAL ANGLE OF 01°20'18", CHORD OF SAID ARC BEARS SOUTH 89°34'41"WEST 533.00 FEET)A DISTANCE OF 533.01 FEET; THENCE SOUTH 88°54'26"WEST 3,251.00 FEET; THENCE SOUTH 84°50'41"WEST 282.30 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 11,580.00 FEE 1,A CENTRAL ANGLE OF°Ms'N ', CHORD OF SAID ARC BEARS SOUTH 89°26'26"WEST 215.00 FEET)A DISTANCE OF 215.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 11,580.00 FEET,A CENTRAL ANGLE OF 01°31'12",CHORD OF SAID ARC BEARS NORTH 89°16'04" WEST 307.20 FEET)A DISTANCE OF 307.21 FEET; THENCE NORTH 80°54'34"WEST 140.40 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,780.00 FEET,A CENTRAL ANGLE OF 05°15'24",CHORD OF SAID ARC BEARS NORTH 88°19'47"WEST 530.11 FEET)A DISTANCE OF 530.29 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 34,377.37 FEET,A CENTRAL ANGLE OF 00°01'30", CHORD OF SAID ARC BEARS NORTH 85°50'09"WEST 14.97 FEET)A DISTANCE OF 14.97 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,603.23 FEET,A CENTRAL ANGLE OF 00°27'45", CHORD OF SAID ARC BEARS NORTH 85°37'44"WEST 45.24 FEET)A DISTANCE OF 45.24 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,602.95 FEET,A CENTRAL ANGLE OF 03°26'18",CHORD OF SAID ARC BEARS NORTH 83°40'44"WEST 336.19 FEET)A DISTANCE OF 336.24 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 6,959.93 FEET,A CENTRAL ANGLE OF 00°28'30", CHORD OF SAID ARC BEARS NORTH 81°43'21"WEST 57.70 FEET)A DISTANCE OF 57.70 FEET; THENCE NORTH 81°31'35"WEST 484.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5,630.00 FEET,A CENTRAL ANGLE OF 08°54'28",CHORD OF SAID ARC BEARS NORTH 87°51'14"WEST 874.41 FEET)A DISTANCE OF 875.29 FEET; THENCE SOUTH 87°41'33"WEST 857.57 FEET; THENCE SOUTH 87°39' 58"WEST 2,666.15 FEET;THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE NORTH 01°20' 35"WEST 139.71 FEET TO THE SOUTHWEST CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 96.805 ACRES MORE OR LESS. RESOLUTION NO. 08-Q A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRELIGHT PARK ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON. WHEREAS,a petition for annexation of certain property to be known as the Firelight Park Annexation No. 2 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 C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petition or annexation agreement. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§31-12-104 and 31-12-105,and may 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, March 27, 2008 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,may 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 may pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 14th day of February, 2008. AC')l4 NNE � t �� SO't� BSI o e r s � Michael P. Simone f a SVAL gj j Mayor ATTEST. r p�t� 'CO%• I LC''4dMydr u • dy He od Town Clerk 2 FIRELIGHT PARK ANNEXATION NUMBER TWO LEGAL DESCRIPTION ALL THAT PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 SITUATED IN SECTION 5,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6";PRINCIPAL MERIDIAN, COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 5 WHENCE THE SOUTHWEST CORNER OF SECTION 5 BEARS SOUTH O1°05'44"WEST 2,631.81 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 5 SOUTH 89°08'43"EAST 1255.28 FEET TO THE NORTHEAST CORNER OF SAID LOT B; THENCE LEAVING SAID NORTH LINE ALONG THE EAST LINE OF LOT B SOUTH 01°05'44"WEST 647.99 FEET; THENCE NORTH 89°08'36"WEST 677.38 FEET; THENCE SOUTH 0l°05'44"WEST 647.98 FEET TO THE NORTHEAST CORNER OF LOT A OF RECORDED EXEMPTION NO. 1313-05-3- RE2794; THENCE NORTH 88'54'16"WEST 577.89 FEET TO THE NORTHWEST CORNER OF LOT A AND A POINT ON THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH O1°05'44"EAST 1,293.52 FEET TO THE WEST ONE- QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 27.253 ACRES MORE OR LESS. RESOLUTION NO. 08- I O A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRELIGHT PARK ANNEXATION NO. 3 TO THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON. WHEREAS,a petition for annexation of certain property to be known as the Firelight Park Annexation No. 3 has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition,the legal 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 C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petition or annexation agreement. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§31-12-104 and 31-12-105,and may 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, March 27,2008 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,may determine the appropriate zoning of the subject property if requested in the petition. 1 ) i 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 may pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 14th day of February, 2008.lllllllllllll ActrOgite S enr) V r �. :8.0 Michael P. Simon . C i S Simone s / n-1141 Mayor O1 hf :iaAio i �J dy He ood Town Clerk 2 FIRELIGHT PARK ANNEXATION NUMBER THREE LEGAL DESCRIPTION LOT A OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 SITUATED IN SECTION 5, TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6T`PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE- QUARTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04"EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44"EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119,THE SOUTHWEST CORNER OF SAID LOT A AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE NORTH 01°05'44"EAST 1,298.20 FEET TO THE NORTHWEST CORNER OF LOT A; THENCE LEAVING SAID WEST LINE SOUTH 88°54'16"EAST 577.89 FEET TO THE NORTHEAST CORNER OF LOT A; THENCE SOUTH 01°05'44"WEST 1,263.56 FEET TO THE SOUTHEAST CORNER OF LOT A AND A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87°39'56"WEST 578.93 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 16.993 ACRES MORE OR LESS. 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 plat submitted herewith. 8. Petitioner comprises the owner of one hundred percent (100%) of the Property within the meaning of Section -107(1)(g) of the Annexation Act. 9. 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. 10. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 11. 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 83934.1 (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. 12. 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. 13. 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. 14. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 15. 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. 16. 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. 17. 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 boundaries. 822124.I 2 18. In connection with the processing of this Petition, the Petitioner requests that the } Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with Section-115 of the Annexation Act and relevant provisions of the Municipal Code of the Town(the "Code"); and (b) Approve and execute an annexation agreement ("Annexation Agreement"), in a form reasonably satisfactory to Petitioner and Board of Trustees. 19. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, Board of Trustees: (i) approves zoning and subdivision for the Property which is substantially consistent with the applications for zoning and subdivision that Petitioner will 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 later to occur of(x) the date of publication of the final ordinance adopted by the Board of Trustees approving such initial zoning; or (y)the date of publication of the final ordinance or other measure adopted by the Board of Trustees approving such subdivision. 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 other measure(s) adopted by the Board of Trustees approving annexation of the Property, the Annexation Agreement, zoning of the Property as requested pursuant to this Petition or subdivision of 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 ordinances and resolutions 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. 20. 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. 21. Except for the terms and conditions of this Petition and the Annexation Agreement, which terms and conditions Petitioner expressly approves and therefore do not 822124.1 3 constitute an imposition of additional terms and conditions within the meaning of Section - 107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner requests 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 t2 day of C YLL(,1.ri , 2000 . Signature of Landowner/Petitioner: FAIRVIEW ESTATES LLC, a Colorado limited liability company By: Name: nitit5 Title: inka.4(11).-ylf Date of Signature: 2-17D5S Address: c/o Dale Bruns 1425 Onyx Circle Longmont, Colorado 80504 Resident of Property? No. 8221241 4 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property FIRELIGHT PARK ANNEXATION NUMBER 1 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTIONS 3,4,5 AND 8,9, 10,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE-QUARTER CORNER OF SECTION 5 BEARS SOUTH 88° 54' 04"EAST 2.667.45 FEET;THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05' 44"EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH 87°39' 56"EAST 578.93 FEET;THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH 01°05'44"EAST 1911.54 FEET;THENCE SOUTH 89°08' 36"EAST 677.38 FEET;THENCE SOUTH 01°05' 44"WEST 1873.76 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES;THENCE NORTH 87°39' 56" EAST 1309.28 FEET;THENCE NORTH 69° 56' 56"EAST 57.77 FEET;THENCE NORTH 0°43' 55"EAST 11.49 FEET;THENCE SOUTH 89° 16' 05"EAST 80.01 FEET;THENCE SOUTH 70°23' 20"EAST 65.87 FEET;THENCE NORTH 87°34'40"EAST 359.60 FEET;THENCE NORTH 85° 10' 40"EAST 190.60 FEET; THENCE NORTH 83°36'40"EAST 194.00 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,830.00 FEET,A CENTRAL ANGLE OF 09°44' 11", CHORD OF SAID ARC BEARS SOUTH 87°33'44"EAST 989.52 FEET)A DISTANCE OF 990.71 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,830.00 FEET,A CENTRAL ANGLE OF 0°03' 19",CHORD OF SAID ARC BEARS SOUTH 82°46' 14"EAST 5.63 FEET)A DISTANCE OF 5.63 FEET;THENCE NORTH 88°35' 23"EAST 331.17 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 11,310.00 FEET,A CENTRAL ANGLE OF 02°33'24",CHORD OF SAID ARC BEARS SOUTH 84°00' 33"EAST 504.61 FEET)A DISTANCE OF 504.65 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 11,310.00 FEET,A CENTRAL ANGLE OF 02°53' 55",CHORD OF SAID ARC BEARS SOUTH 86°35' 18"EAST 572.14 FEET)A DISTANCE OF 572.20 FEET;THENCE NORTH 68°26' 27"EAST 111.20 FEET;THENCE SOUTH 68°31' 01" EAST 210.70 FEET;THENCE NORTH 89° 39' 14" EAST 313.50 FEET;THENCE SOUTH 87° 04' 31"EAST 282.30 FEET;THENCE NORTH 88° 51' 44"EAST 1208.25 FEET;THENCE SOUTH 0° 39'21" WEST 1.66 FEET;THENCE NORTH 88°53' 38" EAST 2039.69 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 23,019.77 FEET,A CENTRAL ANGLE OF 01°20' 28",CHORD OF SAID ARC BEARS NORTH 89°33' 52" EAST 538.80 FEET)A DISTANCE OF 538.81 FEET;THENCE NORTH 45°40' 38"EAST 71.30 FEET; THENCE SOUTH 89°29' 22"EAST 30.00 FEET;THENCE SOUTH 89°33' 33" EAST 30.00 FEET:THENCE SOUTH 44°23' 33" EAST 70.50 FEET;THENCE SOUTH 89°33' 33"EAST 710.00 FEET;THENCE SOUTH 89°33' 33"EAST 1,642.70 FEET;THENCE SOUTH 75°59' 03"EAST 105.70 FEET;THENCE SOUTH 89°46' 33"EAST 1,445.14 FEET;THENCE LEAVING SAID NORTH RIGHT OF WAY LINE SOUTH 0°07' 05" WEST 77.02 FEET TO A POINT ON THE SOUTH LINE OF SECTION 3;THENCE ALONG SAID SOUTH LINE NORTH 89°52' 55" WEST 12.93 FEET TO THE SOUTHEAST ONE SIXTEENTH CORNER OF SECTION 3;THENCE SOUTH 00°29' 45" WEST 64.92 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID SOUTH RIGHT OF WAY LINE THE FOLLOWING COURSES; THENCE NORTH 89°52' 55"WEST 1,128.81 FEET;THENCE SOUTH 83° 12'49" WEST 19155 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST ONE QUARTER OF SECTION 8221241 A-1 10 WHENCE THE NORTH ONE QUARTER CORNER OF SECTION 10 BEARS NORTH 0°33'22"EAST 88.19 FEET;THENCE SOUTH 83° 12' 49" WEST 8.05 FEET;THENCE NORTH 89°39' 41"WEST 149.90 FEET;THENCE NORTH 89° 52'41"WEST 1,166.20 FEET;THENCE NORTH 04°20' 26"EAST 6.91 FEET; THENCE NORTH 89°52' 39"WEST 1,244.08 FEET;THENCE SOUTH 45°32'21"WEST 70.80 FEET; THENCE NORTH 89° 52' 39"WEST 30.00 FEET;THENCE NORTH 89°37' 59"WEST 30.00 FEET;THENCE NORTH 44°32' 59"WEST 70.20 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 22,820.00 FEET; A CENTRAL ANGLE OF 1°20' 18",CHORD OF SAID ARC BEARS SOUTH 89°25' 16"WEST 533.00 FEET)A DISTANCE IF 533.01 FEET;THENCE SOUTH 88° 45' 01" WEST 2,046.36 FEET;THENCE NORTH 02°02' 59" WEST 3.74 FEET;THENCE SOUTH 88°53' 03" WEST 1,202.49 FEET;THENCE SOUTH 84°48' 05" WEST 281.79 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 11,580.0 FEET,A CENTRAL ANGLE OF 1° 03' 57",CHORD OF SAID ARC BEARS SOUTH 89°23'40" WEST 215.40 FEET)A DISTANCE OF 215.40 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 11,580.00 FEET,A CENTRAL ANGLE OF 1°31' 1 l",CHORD OF SAID ARC BEARS NORTH 88°30' 14" WEST, 307.12 FEET)A DISTANCE OF 307.13 FEET;THENCE NORTH 80° 53' 55"WEST 140.40 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5780.00 FEET,A CENTRAL ANGLE OF 5° 17' 04"; CHORD OF SAID ARC BEARS NORTH 88° 18' 55"WEST 532.90 FEET)A DISTANCE OF 533.09 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 34,377.47 FEET, A CENTRAL ANGLE OF 0°01' 30"CHORD OF SAID ARC BEARS NORTH 85°49' 32"WEST 14.97 FEET) A DISTANCE OF 14.97 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5603.23 FEET,A CENTRAL ANGLE OF 4°29'27" CHORD OF SAID ARC BEARS NORTH 83°36' 16" WEST 439.06 FEET)A DISTANCE OF 439.18 FEET;THENCE NORTH 81° 39' 28"WEST 220.87 FEET;THENCE NORTH 81°30' 58"WEST 263.40 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 5,630.00 FEET,A CENTRAL ANGLE 08° 54'28", CHORD OF SAID ARC BEARS NORTH 87° 50' 37" WEST 874.41 FEET)A DISTANCE OF 875.29 FEET: THENCE SOUTH 87°42' 09" WEST 857.51 FEET;THENCE SOUTH 87° 39' 58" WEST 2,666.15 FEET;THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE NORTH 01°20' 35"WEST 139.71 FEET TO THE SOUTHWEST CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 96.795 ACRES MORE OR LESS. S22I24J A-2 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: Fairview Estates LLC, a Colorado limited liability company LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTION 5,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE-QUARTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04"EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44"EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 87°39'56"EAST 578.93 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH RIGHT- OF-WAY LINE NORTH 0l°05'44"EAST 1911.54 FEET; THENCE SOUTH 89°08'36" EAST 677.38 FEET; THENCE SOUTH 01°05'44"WEST 1,873.76 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87°39'56" WEST 678.59 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 29.432 ACRES MORE OR LESS. 822124,1 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 YJ 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. T))11/14-" Circulator STATE OF (1,aioYkk ) ) ss. COUNTY OF 1&OlAE ) The foregoing AFFIDAVIT OF CIRCULATOR was subscrib d and sworn to before me this a-- day of "VCbVU lurvi , 2025 by 3c xb o,ro._ 3 Witness my hand and official seal. \01\II III II I�� 0,‘L‘‘ ca A. F'", My commission expires: g/aD ry D o°CL' �' N at q% = NorAgy2 Notary Public = 7 . 6LICcasD • ,, „111111,1„,,,° C-I 822120.1 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 plat submitted herewith. 8. Petitioner comprises the owner of one hundred percent (100%) of the Property within the meaning of Section-107(1)(g) of the Annexation Act. 9. 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. 10. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 11. 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 822124.1 (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. 12. 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. 13. 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. 14. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 15. 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. 16. 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. 17. 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 1 contiguous boundaries. 822124.1 2 18. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with Section-115 of the Annexation Act and relevant provisions of the Municipal Code of the Town (the "Code"); and (b) Approve and execute an annexation agreement ("Annexation Agreement"), in a form reasonably satisfactory to Petitioner and Board of Trustees. 19. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, Board of Trustees: (i) approves zoning and subdivision for the Property which is substantially consistent with the applications for zoning and subdivision that Petitioner will 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 later to occur of(x) the date of publication of the final ordinance adopted by the Board of Trustees approving such initial zoning; or (y)the date of publication of the final ordinance or other measure adopted by the Board of Trustees approving such subdivision. 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 other measure(s) adopted by the Board of Trustees approving annexation of the Property, the Annexation Agreement, zoning of the Property as requested pursuant to this Petition or subdivision of 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 ordinances and resolutions 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. 20. 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. 21. Except for the terms and conditions of this Petition and the Annexation Agreement, which terms and conditions Petitioner expressly approves and therefore do not 822124.1 3 constitute an imposition of additional terms and conditions within the meaning of Section - 107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner requests 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 day of N-Gvl , 200 j. Signature of Landowner/Petitioner: FAIRVIEW ESTATES LLC, a Colorado limited liability company By: /L Name: Title: Mosu y.-1� Date of Signature: 21 tL VaTh Address: c/o Dale Bruns 1425 Onyx Circle Longmont, Colorado 80504 Resident of Property? No. 822124) 4 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property FIRELIGHT PARK ANNEXATION NUMBER 2 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTION 5,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 5 WHENCE THE SOUTHWEST CORNER OF SECTION 5 BEARS SOUTH 01°05'44" WEST 2,631.81 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 5 SOUTH 89°08'36"EAST 1255.28 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 01°05'44"WEST 647.98 FEET; THENCE NORTH 89°08'36" WEST 677.38 FEET; THENCE SOUTH 01°05'44"WEST 647.98 FEET; THENCE NORTH 88°54'16"WEST 577.89 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01°05'44"EAST 1,293.55 FEET TO THE WEST ONE- QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 27.253 ACRES MORE OR LESS. ) } 822124.1 A-1 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: Fairview Estates LLC, a Colorado limited liability company LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTION 5,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE-QUARTER CORNER OF SECTION 5 WHENCE THE SOUTHWEST CORNER OF SECTION 5 BEARS SOUTH 01°05'44"WEST 2,631.81 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 5 SOUTH 89°08'36"EAST 1255.28 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 01°05'44" WEST 647.98 FEET; THENCE NORTH 89°08'36" WEST 677.38 FEET; THENCE SOUTH 01°05'44" WEST 647.98 FEET; THENCE NORTH 88°54'16" WEST 577.89 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01°05'44"EAST 1,293.55 FEET TO THE WEST ONE- QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 27.253 ACRES MORE OR LESS. 822124 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 fors going Petition for Annexation of lands to the Town of Firestone, Colorado, consisting of 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. Circulator STATE OF ail tOYO%tiO ) ) ss. COUNTY OF 'FAA-ICU( ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this 12 day of PthvlAINA) , 200$, by Sa/boxa— Witness my hand and official seal. My commission expires: $$/a©AOo' 00010 HU, Notary Public / P1O T ok, 0' OL IC Oc .......... ,"- C-I 822124J 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 plat submitted herewith. 8. Petitioner comprises the owner of one hundred percent (100%) of the Property within the meaning of Section-107(1)(g) of the Annexation Act. 9. 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. 10. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 11. 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 S220.4.I (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. 12. 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. 13. 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. 14. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 15. 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. 16. 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. 17. 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 boundaries. 82_2124.1 2 18. In connection with the processing of this Petition, the Petitioner requests that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with Section -115 of the Annexation Act and relevant provisions of the Municipal Code of the Town (the "Code"); and (b) Approve and execute an annexation agreement ("Annexation Agreement"), in a form reasonably satisfactory to Petitioner and Board of Trustees. 19. Petitioner has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, Board of Trustees: (i) approves zoning and subdivision for the Property which is substantially consistent with the applications for zoning and subdivision that Petitioner will 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 later to occur of(x) the date of publication of the final ordinance adopted by the Board of Trustees approving such initial zoning; or (y) the date of publication of the final ordinance or other measure adopted by the Board of Trustees approving such subdivision. 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 other measure(s) adopted by the Board of Trustees approving annexation of the Property, the Annexation Agreement, zoning of the Property as requested pursuant to this Petition or subdivision of 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 ordinances and resolutions 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. 20. 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. } 21. Except for the teens and conditions of this Petition and the Annexation Agreement, which terms and conditions Petitioner expressly approves and therefore do not 822124.1 3 constitute an imposition of additional terms and conditions within the meaning of Section - 107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioner requests 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 day of t�CitwIl,.At,,1 ,200S. Signature of Landowner/Petitioner: FAIRVIEW ESTATES LLC, a Colorado limited liability company By: LLc rr _ ` , IL Name: PA,1-f, & 1n✓I ' Title: VAD-iv)-3.r Date of Signature: 2117_f DS Address: do Dale Bruns 1425 Onyx Circle Longmont, Colorado 80504 Resident of Property? No. 81]114.1 4 _ EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property FIRELIGHT PARK ANNEXATION NUMBER 3 LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTION 5,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE-QURTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04"EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44"EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE NORTH 01°05'44"EAST 1,298.20 FEET; THENCE LEAVING SAID WEST LINE SOUTH 88°54'16"EAST 577.89 FEET; THENCE SOUTH 01°05'44"WEST 1,263.56 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87°39'56"WEST 578.93 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 16.993 ACRES MORE OR LESS. 822124.1 A-1 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Petitioner Name of Landowner/Petitioner: Fairview Estates LLC, a Colorado limited liability company LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN SECTION 5,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE-QURTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04"EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44"EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119 AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE NORTH 01°05'44"EAST 1,298.20 FEET; THENCE LEAVING SAID WEST LINE SOUTH 88°54'16"EAST 577.89 FEET; THENCE SOUTH 01'05'44" WEST 1,263.56 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87°39'56" WEST 578.93 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 16.993 ACRES MORE OR LESS. 822124.) 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 -1 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. `v,(.11, — k— j Circulator STATE OF (,O taraob ) ss. COUNTY OF BOW( ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this I'3" day of VthfA , 205, by pjcurb 0,,0•-&riot Witness my hand and official seal. ia/My commission expires: 0 0(7 g °Q 1G, �(Vlv�t of NOTy9i Notary Public _ ` A� v`. �6LIC 0ObLO \, � 1111111:111AAAA„\‘`� C-I 822124.1 TOWN OF FIRESTONE,COLORADO OF 00°27'45',CHORD OF SAID ARC BEARS NORTH 85°37'44"WEST 45.24 FEET)A DISTANCE NOTICE OF PUBLIC HEARING OF 45.24 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,602.95 FEET,A CENTRAL ANGLE OF 03°26'18",CHORD OF SAID ARC BEARS Notice is hereby given that the Town of Firestone Planning and Zoning Commission will hold a NORTH 83°40'd4"WEST 336,19 FEET)A DISTANCE OF 336.24 FEET;THENCE ALONG THE ARC OF Public Hearing commencing at 7:00 p.m.,Wednesday,March 19,2008 at the Firestone Town Hall, A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 6,959.93 FEET,A CENTRAL ANGLE 151 Grant Avenue,Firestone,Colorado 80520. The purpose of the Public Hearing is to consider OF 00°28'30",CHORD OF SAID ARC BEARS NORTH 81°43'21"WEST 57.70 FEET)A DISTANCE a request for zoning of property proposed to be annexed to the Town and known as the Firelight OF 57.70 FEET:THENCE NORTH 81°31'35"WEST 484,26 FEET;THENCE ALONG THE ARC OF A Park Annexation Nos.One through Three and to consider a request for approval of an Outline CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 5,630.00 FEET,A CENTRAL ANGLE OF Development Plan for the property. The existing zoning is Weld County Agricultural. The zoning 08°54'28",CHORD OF SAID ARC BEARS WORTH 87'51'14"WEST 874.41 FEET)A DISTANCE OF requested is Planned Unit Development,with residential and commercial land uses. 875.29 FEET,THENCE SOUTH 87°41'33"WEST 857.57 FEET;THENCE SOUTH 87°39'58"WEST Further Notice is hereby given that the Board of Trustees of the Town of Firestone will hold 2,666.15 FEET;THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE NORTH 01'20'35"WEST a Public Hearing commencing at 7:00 p.m.,Thursday,March 27,2008 at the Firestone Town 13971 FEET TO THE SOUTHWEST CORNER OF SECTION 5 AND THE POINT OF BEGINNING.SAID Hall,151 Grant Avenue,Firestone,Colorado 80520. The purpose of the Public Hearing is(1) TRACT OF LAND CONTAINS 96.805 ACRES MORE OR LESS, to determine whether certain property for which petitions for annexation have been filed with RESOLUTION NO.0B-09 the Town,to be known as the Firelight Park Annexation Nos.One through Three to the Town of A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION Firestone,meet the applicable requirements of the statutes of the State of Colorado and is eligible FILED WITH THE TOWN OF FIRESTONE,COLORADO,KNOWN AS THE FIRELIGHT PARK for annexation to the Town,(2)to determine the zoning for the proposed annexation, and(3)to ANNEXATION NO.2 TO THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING consider a request for approval of an Outline Development Plan for the property. Tne existing THEREON. zoning is Weld County Agricultural. The zoning requested is Planned Unit Development,with WHEREAS, a petition for annexation of certain property to be known as the Firelight Park residential and commercial land uses Annexation No.2 has been filed with the Town Clerk of the Town of Firestone. Colorado, and Any person may appear at the Public Hearings and be heard regarding the matters under referred to the Board of Trustees of the Town for a determination of substantial compliance with consideration. The approximate location of the property is north of State Highway 119,between applicable law;and Interstate 25(I-25)and Fairview Street(CR 3). The legal descriptions of the properties that are WHEREAS,the Board of Trustees wishes to permit simultaneous consideration of the subject the subjects of each annexation request are set forth below in Exhibit A of Resolution No.08-08 property for annexation and zoning,if requested in the petition;and Resolution No.08-09,and Resolution No.08-10. WHEREAS.the Board of Trustees has reviewed the petition and desires to adopt by Resolution Copies of the annexation petitions,resolutions finding that the annexation petitions are in its findings in regard to the petition. substantial compliance with the applicable laws of the State of Colorado.and comprehensive NOW,THEREFORE. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF pan,zoning,subdivision and development application materials are on file and available for public FIRESTONE,COLORADO: inspection in the office of the Town Clerk,151 Grant Avenue,Firestone,CO 80520,during regular Section 1, The petition,the legal description for which Is attached hereto as Exhibit A and business hours. incorporated herein by reference,is in substantial compliance with the applicable laws of the State Dated the 22nd day of February,2008. of Colorado TOWN OF FIRESTONE,COLORADO Section 2. No election is required under C.R.S.§31-12-107(2). Judy Hegwood Section 3 No additional terms and conditions are to be imposed except any provided for in the Town Clerk petition or annexation agreement. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if RESOLUTION NO.08-08 the proposed annexation complies with C.R.S.§§31-12-104 and 31-12-105,and may hold a public A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION hearing to determine the appropriate zoning of the subject property,if requested in the petition,at FILED WITH THE TOWN OF FIRESTONE,COLORADO,KNOWN AS THE FIRELIGHT PARK the Firestone Town Hall,151 Grant Avenue,Firestone,Colorado 80520,on Thursday,March 27, ANNEXATION NO.1 TO THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING 2008 at 7:00 P.M. THEREON.. Section 5. Any person may appear at such hearing and present evidence relative to the WHEREAS, a petition for annexation of certain property to be known as the Firelight Park proposed annexation,or the proposed zoning if requested in the petition. Annexation No.1 has been filed with the Town Clerk of the Town of Firestone.Colorado,and Section 8. Upon completion of the hearing.the Board of Trustees will set forth,by resolution, referred to the Board of Trustees of the Town for a determination of substantial compliance with its findings and conclusions with reference to the eligibility of the proposed annexation,and whether applicable law;and the statutory requirements for the proposed annexation have been met,and further,may determine WHEREAS,the Board of Trustees wishes to permit simultaneous consideration of the subject the appropriate zoning of the subject property if requested in the petition. property for annexation and zoning,if requested in the petition:and Section 7, If the Board of Trustees concludes,by resolution,that all statutory requirements WHEREAS,the Board of Trustees has reviewed the petition and desires to adopt by Resolution have been met and that the proposed annexation is proper under the laws of the State of Colorado, its findings in regard to the petition. the Board of Trustees may pass one or more ordinances annexing the subject property to the Town NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF of Firestone,and may pass one or more ordinances zoning the subject property if requested in the FIRESTONE,COLORADO: petition. Section 1. The petition,the legal description for which is attached hereto as Exhibit A and INTRODUCED,READ,and ADOPTED this 14th day of February,2008, incorporated herein by reference,is in substantial compliance with the applicable laws of the State of Colorado, Michael P.Simone Section 2. No election is required under C.R.S.§31-12-107(2). Mayor Section 3. No additional terms and conditions are to be imposed except any provided for in the ATTEST: petition or annexation agreement. Section 4 The Board of Trustees will hold a public hearing for the purpose of determining if Judy Hegwood the proposed annexation complies with C.R.S.§§31-12-104 and 31-12-105,and may hold a public Town Clerk hearing to determine the appropriate zoning of the subject property,if requested in the petition,at Exhibit A the Firestone Town Hall, 151 Grant Avenue,Firestone,Colorado 80520,on Thursday,March 27, FIRELIGHT PARK ANNEXATION NUMBER TWO 2008 at 7:00 P.M. LEGAL DESCRIPTION Section 5. Any person may appear at such hearing and present evidence relative to the ALL THAT PORTION OF LOT B OF RECORDED EXEMPTION NO.1313-05-3-RE2794 SITUATED IN proposed annexation,or the proposed zoning if requested in the petition. SECTION5,TOWNSHIP 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN.COUNTY Section 6. Upon completion of the hearing,the Board of Trustees will set forth,by resolution, OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: its findings and conclusions with reference to the eligibility of the proposed annexation,and whether BEGINNING AT THE WEST ONE-OUARTER CORNER OF SECTION 5 WHENCE THE SOUTHWEST the statutory requirements for the proposed annexation have been met,and further,may determine CORNER OF SECTION 5 BEARS SOUTH 01'05'44"WEST 2631.81 FEET; THENCE ALONG THE the appropriate zoning of the subject property if requested in the petition. NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 5 SOUTH 89°08'43" EAST Section 7. If the Board of Trustees concludes,by resolution,that all statutory requirements 1255.28 FEET TO THE NORTHEAST CORNER OF SAID LOT B; THENCE LEAVING SAID NORTH have been met and that the proposed annexation is proper under the laws of the State of Colorado, LINE ALONG THE EAST LINE OF LOT B SOUTH 01'05'44"WEST 647.99 FEET; THENCE NORTH the Board of Trustees may pass one or more ordinances annexing the subject property to the Town 8g°08'36"WEST 677.38 FEET;THENCE SOUTH 01°05'44"WEST 647.98 FEET TO THE NORTHEAST of Firestone,and may pass one or more ordinances zoning the subject property if requested in the CORNER OF LOT A OF RECORDED EXEMPTION NO. 1313-05-3-RE2794; THENCE NORTH petition. 88'54'16"WEST 577.89 FEET TO THE NORTHWEST CORNER OF LOT A AND A POINT ON THE INTRODUCED,READ,and ADOPTED this 14th day of February,2008, WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 5; THENCE ALONG SAID WEST Michael P.Simone --'- LINE NORTH 01°05'44"EAST 1,293.52 FEET TO THE WEST ONE-QUARTER CORNER OF SECTION' Mayor 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 27.253 ACRES MORE OR ATTEST: I.ESS. RESOLUTION NO.08-10 Judy Hegwood A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION Town Clerk FILED WITH THE TOWN OF FIRESTONE,COLORADO,KNOWN AS THE FIRELIGHT PARK EXHIBIT A ANNEXATION NO.3 TO THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON. LEGAL DESCRIPTION FIRELIGHT PARK ANNEXATION NUMBER ONE WHEREAS, a petition for annexation of certain property to be known as the Firelight Park LEGAL DESCRIPTION Annexation No.3 has been filed with the Town Clerk of the Town of Firestone, Colorado,and ALL THAT PORTION OF LOT B OF RECORDED EXEMPTION NO.1313-OS-3-RE2]9d AND STATE referred to the Board of Trustees of the Town for a determination of substantial compliance with HIGHWAY 119 RIGHT-OF-WAY SITUATED IN SECTIONS 3.4,5,8,9 AND 10,TOWNSHIP 2 NORTH, applicable S,,and RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO, WHEREAS,r the Board of zoning,nges wishes to in h simultaneous consideration of the subject BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: property for annexation and if requested in the petition;and BEGINNING ATTHE SOUTHWEST CORNER OF SECTIONS WHENCE THE SOUTH ONEQUARTER WHEREAS,the Board of Trustees has reviewed the petition and desires to adopt by Resolution CORNER OF SECTION 5 BEARS SOUTH 88°54'04"EAST 2.667.45 FEET;THENCE ALONG THE its findings in regard O to the ITitRE. WEST LINE OF SECTION 5 NORTH 01°05'44"EAST 4010 FEETTO A POINT ON THE NORTH RIGHT NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF OF WAY LINE OF STATE HIGHWAY 119:THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH FIRESTONE, The ADO: 87°39'56"EAST 578.93 FEET;THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH 01°05' Sporatel. The petition,the legal ustantianforwhncis attached the applicable ab asExhibitlawsth Sane 44"EAST 1911.54 FEET;THENCE SOUTH 89°08'36"EAST 677.38 FEET;THENCE SOUTH 01'05'44" incorporated herein by reference,is in substantial compliance with the of the State of Colorado. WEST 1873.76 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119: THENCE ALONG SAID NORTH RIGHTOF WAY LINE THE FOLLOWING COURSES;THENCE NORTH Sectionl No election ddi perm snucondi Ens are 3o-be-mpos 87°39'56"EAST 1309.28 FEET;THENCE NORTH 69°56'56"EAST 57.77 FEET;THENCE NORTH Section n. Nootld additional agreement. and conditions to be imposed except any provitled for in the 0"43'55"EAST 11.49 FEET;THENCE SOUTH B9°16'05"EAST80.0/FEET:THENCESOUTH 70°23'20" RetSetionition or 4, he Bardofru EAST 6587 FEET;THENCE NORTH 87°34'40"EAST 359.60 FEET;THENCE NORTH B5°10'40"EAST the Section 4. TheBoardofplies s with will hold a 3131-12- 04 and nd 31-t2-1purand e 2-105.and a hold a ppugc CURVE 190.60 FEET; TTHENCE NCE(SORT HU3TH '3 '40" EG T T 194.00 FEE ;TTHENCE EELOA G NG THE AR A<C OF A hearingtosdeterm ne the appred annexation opr ate zon ng of the subl ctt property,Iif requested in the petition,at OF 09°47'31",CHORD OF SAID ARC BEARS SOUTH 87°32'07"EAST 995.13 FEET)A DISTANCE the Firestone Town Hall,151 Grant Avenue,Firestone,Colorado 80520,on Thursday,March 27, OF 996.34 FEET;THENCE NORTH 88°35'23'EAST 333.17 FEET;THENCE ALONG THE ARC OF A 2008 at 7:00P.M. CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 11,310.00 FEET,A CENTRAL ANGLE Section annexation,Any person mop appear zoning at surh requested uest i and present evidence relative to the OF 05°26'27",CHORD OF SAID ARC BEARS SOUTH 85°23'49"EAST 1073.61 FEET)A DISTANCE proSecti 6. Up or the completion o proposed ri if Bor in the steieis w OF 1074.01 FEET; THENCE NORTH 68°29'11" EAST 111.20 FEET; THENCE SOUTH 68'28'19' Section a Upon i t the hearing,the boardit Trustees s proposed set forth,by resolution, tiher EAST 210.70 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING thets atutsyoecunements with proposed n ioi be been me,a annexation,fhe, antlwhether A RADIUS OF 11,340,00 FEET,A CENTRAL ANGLE OF 01°35'02",CHORD OF SAID ARC BEARS the statutory requirements for the proposed annexation have met,and further,may determine NORTH 89'41'56"EAST 313.50 FEET)A DISTANCE OF 313.51 FEET;THENCE SOUTH 87°01'49" the appropriate 7th zof ning of the of subject es property n if requested, resolution,in the petition, thion. EAST 282,30 FEET;THENCE NORTH 88°54'26"EAST3,250,80 FEET;THENCE ALONG THE ARC OF havSection met and that te ohe osed annexation is pro er and io the latslof the State of Colorado, oad A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 23,020.00 FEET,A CENTRAL ANGLE the of stets ass one or more ordinances is cos proper under lsubeft property ertte t OF 01°20'28",CHORD OF SAID ARC BEARS NORTH 89'34'40"EAST 538.80 FEET)A DISTANCE the Board and may may one one or more ordinances n z n annexing the subject tyrequested to theTown ' OF 538.81 FEET;THENCE NORTH 45°41'26"EAST 71.30 FEET;THENCE SOUTH 8r28'34"EAS1 of Firestone,and may pass one or more zoning the subject property if in the 30.00 FEET;THENCE SOUTH 89°32'45"EAST 30.00 FEET;THENCE SOUTH 44'22'45"EAST 70.5- petition FEET;THENCE SOUTH 89'32'45"EAST 2,352.70 FEET:THENCE SOUTH 75°58'15"EAST 105,70 INTRtionODUCED,READ,and ADOPTED this 14th day of February,2008. FEET;THENCE SOUTH 89°45'45"EAST 1,445.14 FEET;THENCE LEAVING SAID NORTH RIGHT Michael P Simone OF-WAY LINE SOUTH 02°08'27"WEST 77,30 FEET TO A POINT ON THE SOUTH LINE OF SECTION Mayor 3;THENCE ALONG THE SAID SOUTH LINE NORTH 89°51'33"WEST 10.23 FEET TO THE SOUTH ATTEST: ONE-SIXTEENTH CORNER OF SECTION 3 AND 10;THENCE SOUTH D0°14'09"WEST 72.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119;THENCE ALONG Judy Hegwood SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING COURSES; THENCE NORTH 89°45'51" Town Clerk WEST 1,135,41 FEET;THENCE SOUTH 83"06'39"WEST 201.60 FEET;THENCE NORTH 89'45'51" EXHIBIT A WEST 149.90 FEET;THENCE NORTH 89'32'51"WEST 2,404.00 FEET;THENCE SOUTH 45°32'09" FIRELIGHT PARK ANNEXATION NUMBER THREE WEST 70.80 FEET;THENCE NORTH 89°32'51"WEST 30.00 FEET;THENCE NORTH 89°28'34" LEGAL DES RIPTION WEST 30.00 FEET;THENCE NORTH 44°23'34"WEST 70,20 PEET;THENCE ALONG THE ARC OF A LOT A OF RECORDED EXEMPTION NO.1313-05-3-RE2794 SITUATED IN SECTION 5,TOWNSHIP CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 22,82000 FEET,A CENTRAL ANGLE OF 2 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF 01"20'18",CHORD OF SAID ARC BEARS SOUTH 89°34'41"WEST 533.00 FEET)A DISTANCE Of COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS 533.01 FEET;THENCE SOUTH 88°54'26"WEST 3,251.00 FEET:THENCE SOUTH 84°50'41"WEST COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE- 282,30 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING 1, QUARTER CORNER OF SECTION 5 BEARS SOUTH 88'54'04" EAST 2,667,45 FEET; THENCE RADIUS OF 11,580.00 FEET,A CENTRAL ANGLE OF 01°03'50", CHORD OF SAID ARC BEARS ALONG THE WEST LINE OF SECTION 5 NORTH 01'05'44"EAST 40.10 FEET TO A POINT ON THE ' SOUTH 89"26'26"WEST215.00 FEET)A DISTANCE OF_1500 FEET,THENCEALCNG THE ARC OF NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119,THE SOUTHWEST CORNER OF SAID LOT A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 11,580.00 FEET,A CENTRAL ANGLE A AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE NORTH 01°05'44"EAST OF 0t°31'12",CHORD OF SAID ARC BEARS NORTH 89°16'04"WEE'30].20 FEET)A:n5TANGE 1,298.20 FEET TO THE NORTHWEST CORNER OF LOT A; THENCE LEAVING SAID WEST LINE OF 30721 FEET;THENCE NORTH 90°54'34"WEST 140.40 FEET;THENCE ALONG THE ARC OF A SOUTH 88°54'16"EAST 577.89 FEET TO THE NORTHEAST CORNER OF LOT A; THENCE SOUTH CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,780 U0 FEET,A CENTRAL ANGLE 01'0544"WEST 1,263.56 FEET TO THE SOUTHEAST CORNER OF LOT A AND A POINT ON THE OF 0S°15'24",CHORD OF SAID ARC BEARS NORTH 88'19'4]"WEST 53011 FEET)A DISTANCE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT-OF- OF 530.29 FEET:THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING WAY LINE SOUTH 87°39'56"WEST 578.93 FEET TO THE POINT OF BEGINNING, SAID TRACT OF A RADIUS OF 34,377.37 FEET,A CENTRAL ANGLE OF 00"01'30",CHORD OF SAID ARC BEARS LAND CONTAINS 16.993 ACRES MORE OR LESS,NORTH 85°50'09"WEST 14.97 FEET)A DISTANCE OF 14,97 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 5,603.23 FEET,A CENTRAL ANGLE Published in the Times-Call,Longmont,Colorado,February 26,March 4,11,18825,2008. 14 Cowl WHEY FARMER&MWIER WatCOAY,FEMME?27,2008 LEGAL NOTICES NOTICE OF HEARING ON plan, zoning, subdivision and proposed annexation is proper west 10.23 feet to the south one- NOW, THEREFORE, BE IT 8970836' WEST 677,38 FEE INCLUSION development application materials under the laws of the Slate of sixteenth corner of section 3 and RESOLVED BY THE BOARD OF THENCE SOUTH 01705'4 on file and available for public Colorado, the Board of Trustees 10; thence south 00'14'09'west TRUSTEES OF THE TOWN OF WEST 647.98 FEET TO Th NOTICE IS HEREBY GIVEN that nspectin in the office of the Town may pass one or more ordinances 72.61 feet to a point on the south FIRESTONE.COLORADO: NORTHEAST CORNER OF LC there has been find with the Clerk, 151 Grant Avenue, annexing the subject property may right-of-way line d state highway - A OF RECORDED EXEMPTIC Board of Directors of The Peaks Firestone, CO 80520, during the Town of Firestone, and 119;thence along said south right- Section 1.The petition,the legal NO.I313-O5J.RE2794;THEN( Metropolitan District(the District'), regular business hours. pass one or more ordinances of-way line the following courses; description for which is attached NORTH 88754'16'WEST 5771 peCitition of Dawno, Colorado, zoning the subject property if thence north 89'45'51' west hereto as Exhibit A ark FEET TO THE NORTHWEI praying for the inclusion of Dated the 22nd day of February, requested in the petition. 1,135.41 feet; thence south property into the District. The 2008. 83°06'39' west 201.60 feel: isti utetl tial c by ance with POINTEO OF LOT T AND prayer of the petition is that the INTRODUCED, READ, and thence north 89°45'51" west t 0 substantial laws of the with ON THE WEST LINE properly, generally describedCo applicable of Me State of THE SOUTHWEST SE ON ADOPTED this 14th day of 89'37 feet,e thence. north Colorado, GARTER OF SECTION below, be included into the TOWN OF FIRESTONE, February,2008. thence so west 9 wee feet; THENCE INE ALONG SAID WA:District. Accordingly n notice is COLORADO thence south45'32'09'a5'2'51]w.80 hereby given to all interestedSection 2.No election is required LINE NORTH 01?05'46' EA: persons,that they shall appear at Judy Hegwood feet;thence north north 51'west anther C.R.S34° .§31-12-107(2). 1,293.52 FEET TO THE WEC a public meeting at 5555 DTC Town Clads w0 est feet;th thence northce°2 n T 5 TER CORNER C Parkway, Suite C-3220. west 30.00°w feet; thence north c ariSection 3 . Na additional i terms SECTION AND THE POINT C 4long the west a 20 feet;thence end ptconditions ny are to bf imposed BEGINNING.NDT SAID S27.253 TRACT 53 E 10.30 Greenwood Village,CO 801 11 at Published11 February 26 and March M P.Simone (said the arc a curve to radius left coot any taxation fro LAND OR LESS. 2]253 ACRE 228,8,30 on Thursday. a se n Ti a and 18. Feb in the pally Mayor TT (said curve 0 .having a la g of exit on or annexation agreement wri g2008,w thed show houle 1 Mimeh-5 1 aatl 19 in th F tl gTTEST: 01,200.00 r a featral rcangle of rs Se 1 Dl . MORE OR LESS. writing granted.hy the The elitBo rd, in not March 5,12 and 19 in the Farmer 01°20'18',chord of said arc bears be Board, in its _8 NOner south 89'34'41"west 533.00 feel) hl 4 The Hoard in Trustees forte discretion, may continue the a distance of 533.01 feel;thence will hone a public hearing for the RESOLUTION NO.0010 hearing to a subseuent meeting. purpose of ne,tioning�t the The name and address of the Judi He wood feet; once sou' w4°5st 4r west 1.00 proposed §§31-12-1 pie- A RESOLUTION COMPLIANC Y 9 feel:0feee thence 8alo P rc 121 C.R.S.§§may h-1 and 3i- N ANNEXATIO petitioner and the ropera Town Clerk of a.30feet thence along the arc ha public description of the Drops of a curve to the right(said cone105, and hold FOR AN ANNEXATIO mentioned in the petition Is hearing to determine the ied the PETITION TOWN FILED WITH Tt follows: RESOLUTION NO.08-08 EXHIBIT A having a radius of 11 01°0a'SO', feet,d property,appropriate if zoning of subject LO OF FIRESTONI central aarc ars south 59'6'2rd requested in the COLORADO. KNOWN AS TH LEGAL DESCRIPTION of saidarc bears south 8926'26' Petition, I the Firestone Town FIRELIGHT PARK ANNEXATIO PETITIONER: ill Silver A RESOLUTION FINDING west 215.00 feet) a distance of Hall,151 Grant Avenue,Firestone. Na 3 TO THE TOWN C Peaks, LLC, a Delaware limited SUBSTANTIAL COMPLIANCE FIRELIGHT PARK ANNEXATION 215.00 feet;thence along the arc Colorado 80520 on Thursday, FIRESTONE, AND SETTING liability company FOR AN ANNEXATION NUMBER ONE of a curve l0 the right(said curve March 27,2008 et 7:00 P.M. PUBLIC HEARING THEREON. PETITION FILED WITH THE having a radius of 11.580.00 feet, fiADDRESS South OFNewpoITIOourt, TOWN OLORADO,FKNOWN AS FIRESTONE.S LEGAL DESCRIPTION central angle of 01°3192",chord .Section 5 . Any person may WHEREAS. a petition fi Englewood,CO 80111 FIRELIGHT PARK ANNEXATION all thatof said arc bears north 89°16104' of appear at such hearing and annexation of certain property' portion of lot D of recorded west 307.20 feet) a distance of NO. 1 TO THE TOWN OF exemption no. 131105.34e2794 30].21 feet; thence north present evidence relative to the Annexationb kmwn as the Flr bee Par GENERAL DESCRIPTION: A FIRESTONE, AND SETTING A and state hghway 119 80°54'34' west 14040 feet; proposed onngx if e, of thn the NCl 3 has been n i parcel of land located in the PUBLIC HEARING THEREON. right-of-way situated in sections thence along the arc of a curve In the eposetl zoning 0 requested in with the Town ado the Town Southwest Quarter of Section 2. 3,4,5,8.9 and 10,township 2 north, the rigM1l (said curve having petition. tteFirestone,Board Colorado. of and /errs a of Trustees of ft' fthe Township I North,Range 68 West WHEREAS, a n p for meridian, 68 west the 6th principal nge of5°1 5,780.00 feet,a centralid the Section fi Upon completion Trut of Town for a complianation ce of the o , County ty Meridian,City annexation certain properly t to Co oiary County of Weld. cule of angle cols north48 chord of said e hearing.the Board of Trustees substantial wit of Dawn, County of Welq Annexation known as the has been Park Colorado,descnbed being more particularly 3 bears north tance of 0 will set forth, by resolution, its applicabo law,and Colorado h the Town Clerk of th ow filed as follows' 530;11 feet)nce a n the 530.29of findings and wnclusioys with A full and complete legal Firestone,Colorado,and referred Beginning feet; thence along the arc of a reference to the on.a of the WHEREAS,the e permit s of Trustee description of wthe9aoon at the the sou hornet a ta the ngM1l (sa377. curve epestu ay requirements and whetherthe ns to per mil siren p property the Board of Trustees m of the q aileroc5whenceMe south bea M1Zentra radius or00°0-8307 chord 7the proposed pexat on vbben consideration tyo of the x suban t petitioned by inclusion isn file at Town for a determination of Soudan corner of , bears a central angle of 00°rth'3 5' 0'09 met, antl annexation have ne Property for t annexation th p an the offices of Miller n Rosenbiuth,tei substantial compliance with South ence a 2,667.45 of said arc bears north ad taa ce of met, and further, may determine arming,if requested in the Oetitidr it 700 Seventeenth Street, applicable law;and fe a Thence along ' West line west 14.97 feet) l distance of thsubject appropriate propery zoning ofd the and is Suite 2200, rDenver,Colorado and of section 5 Northpoint Ot on5the'East a4. feet thhecr along IM1e c petted propedy if requestetl in IM1e d ing regul roc siness ours 0 00 WHERE pe Bit sd mf Trustltaneous R0.10 oaf to a yion of North a ing to the right (said curve petition. WHEREAS, Board of ion an A M. 05:00 P.M.iness hours 9 00 wishes consideration to permit simultaneous Right O Way Staid having a radius 010 27'5',feet,a has reviewed the ppeefl op an A.M.b 5.00 PM tl 1 of the subject Highway th 119;Thence along said central angle c of Worth 65 chord section 7 d the Board of desires to regard adopt by Resolution 4 property for annexation and N87'3M1 ° aOs Way .ineg3 North of saidJam bears north d8ance of that as concludes rereseenn, findings in to the eel Lion. BY ORDER.OFHORECTORSan cog if requested'n the petition; Thc'e6' East 578.93 feet; west 45.24 feet)e a distance a of that all statutory requirements THE PEAKS METROPOLITAN and ThenceOf Way leavingor s0id North Right a5cur feet;thve to ence he right n( Me aid curve have been met and that the NOW, THEREFORE THEE. R 1 DISTRICT WHEREAS,the Board of Trustees 1191..54 line North Thence SOUTH having a radius of 5M1602.95 feet,a proposed the laws annexation is properae RESOLVED BY F THE BOARD 01 has reviewed the petition and 89'08'36' EAST 677.38 feet; . central angle of 03°26'19,chord under laws or me of Trust of TRUSTEES OF THE TOWN 01 By Miller Rosenbluth,LLC desires to adopt by Resolution Its Thence SOUTH 01'05'44'WEST of said arc bears north 83'40'44' Colorado,one the or more Trustees FIRESTONE.COLORADO; Attorneys for the District findings in regard to the petition. 187376 feet to a point on the west 336.19 feet) a distance of may nexing the subject property to Section 1.The petition.We lege North Right Of Way line of Stale 33624 feet;thence along the arc the Town of Firestone, and may description for which Is apache Publish in Farmer arid Miner NOW. THEREFORE, BE IT Highway 119;Thence ale,said of a curve to the right said curve pass one or more ordinances hereto as Exhibit A are i Publish on:Wednesday,February RESOLVED BY THE BOARD OF North Right Of Way hone the having a radius of 6,959.93 feet,a zoning the subject property if incorporated herein by reference 27,2008 TRUSTEES OF THE TOWN OF following courses; Thence North central angle of 00°28'30',chord --— — FIRESTONE,COLORADO: 87°39'56' East 1309.28 feet; of said arc hears north 81°43'21' requested in the petition. is n substantial compliance will Thence North 69°56'56' East west 57,70 feel a distance of Co applicable laws of Me State a TOWN OF FIRESTONE, Section 1.The ) INTRODUCED, READ, and Colorado. COLORADO petition.the legal East Ea 11.4914;Thence North 0°4 South R]0 84.2,thence north along ADOPTED this 14th day of NOTICE OF PUBLIC HEARING hereto as for which is attached 0'1 O5' feet;t0 Thence South west f a.26 feet;thence (Ma February,2008. Section 2 No§ -1 -1 is requiter hereto eilbbit A and South 7023'0"Eat01 feet:Thence arc of a curve to the . (said 0 under C.R.S.§31-12-1W(2). Notice is hereby is in incorporated herein lcompliancey refc withnce, She or 87°3 '40']fees; curve M1ce a ratlius f 5540.00 ofven Mat of Ili in ialbntial f tet with Thence North Thence EastOM o a central angle bears north and Section 3 Na additional beimpose(b Firest nl Trustees Me Town of Co aadlcable laws of the SMIe of 859.00 feel Thenc6 NOM loth 0f ws s a8c 1 n a Firestone ri will hold a Public Colorado. Thence0' East 136.40 East distance west 6]4 fee feet) a pettion ore conditions are to gr at Hearing commencing 279 108U p.m., 19400 NoM c °along East south 8 of 8>5 a feet; thence pi any provided for in the Thursday,Town nh 2a,2008 Grant the Section rC 2..§o election is required o a. feet;Thence t(said the a¢ en e South 7' ' 58' feet: ATTEST: : Simone petition 4,The Boa agreement. eue, Mal,, 151 under C.R.S.§31-12-10](2). of a curve a to the right( td curve Thence he° e leaving n West Mayor 80520. Firestone, Colorado having a angle of 547000 Echo a 2,666.15Right feel;ofThenceW said ATTEST: Section 4. Board of Trustee, fls Hea The purpose of the determine Section 3 Na additional imposedported of sta rcbar 0 South u 87, 2'07' South West Way line feet OP ll hold a public annexation hearing for o ies Hearing is (1) to eor which and conditions are to of said arc Searsa Ban egof 20' hw 139of to the purpose. of tl31-12-104 and ice whether certain property v been eien except any provided for in the 996. 995.f3 feet) a distance of Southwest corner Section 5 and -1 , hold complies b Mpeedbit for annexation Tto have petition or annexation agreement. 88'.5 feet; thence 3 North of point of beginning. with C.R.S.o§ determine min 3f 61etl with the Town, be known Said tad Ju�ty Hegwootl 12-105, and may a pudk the as the Firelight Perk Annexation88'35'23'ence East c of a] feet; more laod contains 96.805 acres Town Clerk hearing to tlelo the ed g l 4.The Hoare of Trustees Thence along the arc having a came to or lass. appropriate o zoning of the subject Nos. sto Three to the will purpose a de hearing for the the left(said curve a radius Town of Firestone, meet the of determining if the of 11,310.00 feet a central agle RESOLUTION NO.08-09 Exhibit A property, if requested in the ne. applicable requirements of the proposed v annexation complies of 05°26'2]', chord of said arc petition, at the Firestone Town statutes of the State of Colorado M C.R.S.§§J1-12-104 and 31- bears South 85°23'49 East A RESOLUTION FINDING Hall,151 Grant Avenue,Firestone, and e eligible for annexation to 12-105, and may hold a public 1073.61 feet) distance of SUBSTANTIAL COMPLIANCE FIRELIG NUMBER PARK ANNEXATION Colorado 2008 at 7: Thursday, the Town, (21 to determine the hearing to determine the 1074.01 feet; Thence North FOR AN ANNEXATIONzon TWO March 27,2008 ]:00 P.M. anne xation.for rrk the to prooposed appropriate zoning of the subject 68'29'11' East 111.20 feet; PETITION FILED WITH THE LEGAL DESCRIPTION Section 5 . Any person may request for approval Outline property, if requested in the Thence South 68°28'19' East TOWN OF FIRESTONE, appear al such hearing and r Development Plan an the petition, at the Firestone Town 21070 feel thence along the arc COLORADO, KNOWN AS THE ALL THAT PORTION OF LOT B present evidence relative to the property. The existing zoning Hall,151 Grant Avenue,Firestone, of a curve to the left(said curve FIRELIGHT ARK ANNEXATION OF RECORDED EXEMPTION proposed annexation, or the County ncvlturon 9 The Colorado 80520, on Thursday, having a radius of 11.340.0L feel NO. 2 TO THE TOWN OF NO. 1313-OS3-RE2794 proposed zoning it requested in Weld eldg Countyle tlsPlanned Unit March 27,2008 at 7:00 P.M. central angle of 01'35'02',chord FIRESTONE, AND SETTING A SITUATED IN SECTION 5 the petition. zoning meet with residential and of said arc bears north 89°41'56' PUBLIC HEARING THEREON. TOWNSHIP 2 NORTH, RANGE Development. ection rvy person may east 313.50 feel) a distan o of 68 WEST OF THE 6TH Section 6 . Upon completion of commercial land uses. appear -at such hearing and 313.51 feel; thence south WHEREAS, a petition for may appear at the present evidence relative to the 87'01'49'east 282.30 feet;thence annexation of certain property to PRINCIPAL MERIDIAN,COUNTY the hearing,s forth, Board of Trustees Any person aproposed annexation, or the north 88'54'26'east 3,25080 feel; be known as the Firelight Park OF O INGTE OF will t by resolution, its blic Hearings and be heard proposed zoning if requested in thence along the arc of a curve l0 Annexation No.2 has been filed COLORADO, BEING MORE and conclusions with regarding the matters under the petition. the right said come having a with the Town Clerk of the Town of LOWS: DESCRIBED AS reference n the eligibility n, of Me consideration. The approximate radius of 23,020.00 feet,a cetral Firestone, Colorado,and referred FOLLOWS: the epstatut annexation,and nt whether location of the property a north of Section 6 . Upon completion of angle of 01°2028',chord of said to the Board of Trustees of the proposed annexation vexatio have v for been n State Highway 119, between the hearing,the Board of Trustees arc bears north 89°34'40' east Town for a determination of BEGINNING AT THE WEST ONE- Interstate 25 (1-25) and Fairview will set forth, by on resolution, its 538.80 feet)a distance of 538.81 substantial compliance with QUASECTION RTER CORNER OF met, and furtappropriate her. may determine Street (CR 3). The legal findings and conclusions Th feet; thence north 45'41'26'eastD H T WHENCE THE the tzoning of the descriptions of the ro dies that g Napplicable law;and SOUTHWEST CORNER OF toted property if P D pe reference to the eligibility of 71.30 feet;thence south B9°28'34' requested in the re the subjects of each proposed annexation,and whether east 30.00 feel; thence tooth WHEREAS,the Board of Trustees SECTION 5 BEARS SOUTH e ton. annexation request are set forth the statuto requirements for the 89°t745'east 30.00 feel;thence wishes to permit simultaneous THENCE WEST H FEET; below in Exhibit A of Resolution proposed annexation have been south 46'2945' east 70,50 feet; consideration of the ub I THENCE ALONG E THE NORTH Section 7 If the Board of No.08-08. Resolution No.08-09, met, and further, may determine thence south 89°32'49 east for annexation and U SOUTHWESTN that a wmJuo re resolution, men and Resolution No.08-10. the appropriate zoning of the 2,352.70 feet, thence south property d requested in the petition; QUARTER OF SECTION 5 haveall statutory requirements e subject property if requested In the 75°58'15'east 105.70 feet;thence and SOUTH B9?08'43'EAST 1255 28 been met and that the Copies of the annexation petitions. petition. south 89°65'45' east 1,445.14 FEET TO THE NORTHEAST proposed annexation is proper resolutions finding that the CORNER OF SAID LOT B; feet;thence leaving said 82Mrghl- WHEREAS,the Board of Trustees THENCE LEAVING SAID NORTH substantial compliance with the Trustees concludes,by resolutbq 77.30yfeet to auth poinnl n80 a south desires to adopt7"west has reviewed by petition eso ution itss LINE ALONG THE EAST LINE OF ■Please see LEGALS applicable lws d the State of that all statutory requirements line of section 3;thence along the findings in regard to the petition. LOT B SOUTH 01?NCE4'WEST Colorado, and comprehensive have been met and that the said south line north 89"s133' 64].99 FELT: THENCE NORTH page 15 • • LEGAL NOTICES IEGALS ebruary,ADOPTED 00this 8 14th day of A FIRELIGHT PAEXHRK ANNEKATION SCOOLMTMHENCING AT WEST THE CORNER OF TO7THE NORTHWEST TRACT OF CORNER CONTAINS 16.99 ACRES from page 14 NUMBER THREE SECTIONN 5 ONE-QUARTER SAID LOT A; THENCE LEAVING WSTL NE SOUTH MORE OR LESS. LEGAL DESCRIPTION CORNER OF SECTION 5 BEARS 88754'16'EAST 577.89 FEET TO under the kws of the Stale of SOUTH 08754'04'EAST 2,687.45 THE NORTHEAST CORNER OF ♦T.�.Colorado,h, the s of Stale Ma e&P.Simone LOT A OF RECORDED FEET; THENCE ALONG THE LOT A; THENCE SOUTH 1 iNfr_ may ado, or more f Trustees Mayor EXEMPTION NO. 1313-053- WEST LINE OF SECTION 5 01705'44' WEST 1,263.56 FEET "'5ixY mayone Dr ' ct y RE2794 SITUATED IN SECTION NORTH 01705.44' EAST 40,10 TO HE SOUTHEAST CORNER annexing subject property to ATTEST: 5,TOWNSHIP 2 NORTH.RANGE FEET TO A POINT ON THE OF LOT A AND A POINT ON THE the Town �/ T� of Firestone, and may 60 WEST OF THE 6TH NORTH RIGHT-OF-WAY LINE NORTH RIGHT-OF- j �/ low{ pass ordinancesWAY LINE Wing the subject properly if PRINCIPAL L MERIDIAN.COUNTY O STATE HIGHWAY 119,SAID TOFH STATE HIGHWAY 11 H requested in the petition. OF NGTE OF SOUTHWEST THE P NS OF THENCE ALONG N SOUTH COLORADO,LA BEING EG MORE LOT A AND THE POINT RIGHT-OEWAYES LINE SOUTH 11) [J�i(>l /1 INTRODUCED, READ, and Town Clerk FOLLOWS:RLY OESCRIBE0.AS BEGINNING;IDTHENCE ALONG TO WEST 578.93 FEET ICJ R5{['1K✓XN FOLLOWS: SAID WEST LINE NORTH TO THE POINT OF BEGINNING. I Firelight Park Annexation To the Town of Firestone Weld County, Colorado I. Project Description The location of the proposed Firelight Park Annexation is shown on the Annexation Maps (Attachment A). The area to be annexed includes approximately 67 acres of Colorado State Highway 119 right-of-way and approximately 73 acres of predominately vacant land in unincorporated Weld County. Consistent with the Municipal Annexation Act and agreed upon policy between the Town and the County, the Town will not annex "one-half" of any County roadway. 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-C ("R-C") and Regional Commercial ("RC") land use categories. The proposed Outline Development Plan is shown in Attachment B. Current use of the property includes agricultural activities with related accessory uses. The 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 Firelight Park are anticipated to be provided in the following manner at the time of development of the property: Electricity United Power Natural Gas Xcel Energy Telephone Qwest Water Town of Firestone Sewer St. Vrain Sanitation District Fire Frederick Firestone Fire Protection District Police Firestone Police Department Financing for the extension of and/or the improvement of the municipal services will primarily be the responsibility of the property owner/developer, Firelight Park Impact Report 1 through appropriate agreements and financing and completion guarantees. Additional funding for provision of municipal services provided by the Town will be financed through impact fees, taxes, charges and/or special improvement districts, if necessary. The owner/developer will primarily be responsible for the costs of water and service facilities serving the property. The Outline Development Plan generally shows approximate existing or planned locations of ditches, transportation facilities, water and sewer facilities and other known utilities. Access to the property is required to comply with the Town's Access Code and Ordinance. 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 RE 1J 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 64 elementary, 25 middle, and 31 high school students, for a total of 120 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. Firelight Park 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 Firelight Park Impact Report 3 ATTACHMENT A ATTACHMENT B ATTACHMENT C I • g g tl g It III * 3A a �r+wrl Illlrll■ 1s iti h! a :I01i a 0 c .r lid g e I—TT 1. `'� 111111 F,I*.1:,,,," ��i�—. 4+ ��I. 1- II F L�� \�, �� PI,. �� ..,,a ,..1 T .7 fie' i� ��0��■P a 4 Opm�■g{I ..mom ., i w11.! Ihg _ 1 '` i's X14 pp .. pi.. ...„,,, ��a4 8 k r.as m g kh d Kl TI 9 � A ` J ill '4i t!' 7 f.-,,,, , iI rk `.. t # , z trl�� 7 w 11 ill h Al W 01 ! 11 I II ° x , 1 1j I W ce _ _ _ I-IN- ---i`® z '� G W O W 3 � 0 O z cs 3�o 00 ATTACHMENT D ANNEXATION AGREEMENT (Standard Form May 6,2002) THIS AGREEMENT is made and entered into this day of , by and between , hereinafter referred to as or "Owner," and the TOWN OF FIRESTONE, a municipal corporation of the State of Colorado,hereinafter referred to as "Firestone"or"Town". WITNESSETH: WHEREAS, the Owner desires to annex to Firestone the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as "the property");and WHEREAS, Owner has executed a petition to annex the property,a copy of which petition is on file with the Town Clerk;and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement;and WHEREAS, Owner acknowledges that upon annexation,the property will be subject to all ordinances, resolutions, and other regulations of the Town of Firestone, as they may be amended from time to time;and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for ways and easements to Firestone as contemplated in this Agreement, are directly related to and generated by development intended to occur within the property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confum and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the property to the Town. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained in the Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the EXHIBIT N Municipal Annexation Act of 1965,as amended, C.R.S. Section 31-12-101 et seq. 3. Further-Ants. 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 Dornmentc. 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 nn Annexation Petition. Firestone shall act upon the annexation petition within six months of the date of filing thereof with the Town Clerk,unless Owner consents to later action. 6. Zoning and Development. The parties recognize that it is the intent and desire of Owner to develop the property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Firestone is a condition to annexation of the property. Owner shall take all action necessary to permit zoning by Firestone of the annexed property within the time prescribed by state statutes. 7. fedirationc. 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. Jmprovement Districts. If requested by Firestone, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Firestone for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as Owner's attorney-in-fact for the purpose of executing all documents determined by Firestone to be necessary for such inclusion. If requested by Owner,Firestone agrees to consider the establishment of one or more special improvement districts for making such improvements. 10. Conformity with Jaws. Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with, all Town ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to Town Streets and flood control. 11. No Repeal of Taws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative,governmental, or police powers to promote and protect the health,safety,and welfare of the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. 12. Disconneetion.No right or remedy of disconnection of the property from the Town shall accrue from this Agreement,other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Firestone shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 13. Severahility. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado,the validity of the remaining parts,terms, portions,or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part,term,portion,or provision held to be invalid. 14. Municipal Services. Firestone agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the Town which services include, but are not limited to, police protection and water services. Water service to the property shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules, regulations, agreements and policies governing such use, as in effect from time to time. Owner acknowledges that Town services do not include, as of the date of the execution of this Agreement, fire protection, emergency medical services or sanitary sewer services,but the property is presently _ included within the boundaries of and is entitled to receive such services from the Fire Protection District and the Sanitation District. 15. Water Rights. Owner shall dedicate water rights as set forth in this section. 3 EXHIBIT N A. Residential 1 ices. 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. Cnmmeroial and Industrial I Ises. Owner, as a prerequisite to annexation,agrees to furnish and transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.B of the Firestone Municipal Code with respect to any portion of the property zoned commercial or industrial. This requirement shall be met.at the time of annexation. If no portion of the property is zoned at the time of annexation for commercial or industrial use, the requirements of this subsection B shall be met at the time of rezoning of any portion of the property for commercial or industrial use. C. Appurtenant Water Rights/Right of First Refusal. Owner represents that there are appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and set forth on Exhibit "B", which is attached hereto, incorporated herein, and made a part hereof (hereinafter referred to as "the Water Rights"). Owner further represents that the Water Rights constitute all of the water rights appurtenant to the Property, that the Water Rights are and will be used in connection with current uses of the Property until the Property is developed. If the Owner at any time determines to sell or transfer all or any portion of the Water Rights for any use other than a use upon the Property,then the Owner shall provide the Town with written notice of Owner's intent to make such a sale or transfer. The notice shall include a description of the Water Rights proposed for sale or transfer,the proposed sale or transfer price,and all other material terms and conditions of the proposed sale or transfer. For a period of sixty(60)days after receipt of such notice, the Town shall have the first right to purchase the Water Rights intended for sale or transfer. The Town may purchase the Water Rights intended for sale or transfer upon terms and conditions that are mutually acceptable to Owner and the Town,but which are in no event less favorable than the terms and conditions of Owner's intended sale or transfer to any third party who is a bona fide purchaser for value. In the event the purchase price cannot be determined by reference to an offer by a bona fide purchaser, the purchase price to be paid by the Town shall be established by a qualified water rights appraiser selected by agreement of the Town and Owner within ten(10)days after Town receipt of Owner's notice of intent to sell or transfer the Water Rights. In the event the Town and Owner are unable to agree upon an appraiser, then each party shall within fifteen (15) days of Town receipt of such notice select its own appraiser, and the two of them shall appoint a 4 EXHIBIT N single appraiser within twenty (20) days of Town receipt of such notice. In the event Owner and the Town have not entered into an agreement within sixty (60) days of the Town's receipt of Owner's notice of intent to sell or transfer the Water Rights,then the Town's first right to purchase the Water Rights shall terminate. The Owner may thereafter proceed to sell or transfer the Water Rights on terms and conditions no more favorable than the terms and conditions last offered to the Town. The Owner and Firestone agree that the above provisions shall apply in lieu of the requirement in Firestone Municipal Code Section 1.08.050.C, requiring the Owner offer to sell appurtenant water rights at the time of annexation. The right of first refusal under this Paragraph shall terminate upon the consummation of the sale to a third party of all or that portion of the Water Rights conveyed of the above-described Water Rights,but only as to the portion and interest so sold, and only after full compliance with the terms of this right of first refusal, and provided the sale is on the same terms and conditions and for the price set forth in the notice sent to the Town;however, if such sale is not consummated, this right of first refusal shall remain in effect. In any event, all rights under this Paragraph shall terminate ninety years from the date of this Agreement. • 16. Special Provisions. [Leave blank for special provisions.] 17. Owners Association. If required by state law, Owner shall organize an appropriate unit owners association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act("Act"). C.R.S. Section 38-33.3-101 et seq. The Owner shall also execute and record covenants and instruments of conveyance which comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas and private facilities. At least ten (10) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town Attorney for review and comment. 18. Special District Inchicion. Within ten (10) days after written request by the Town, Owner shall apply for inclusion of the property within the Northern Colorado Water Conservancy District, the Sanitation District, the Carbon Valley Recreation District (if the property is not yet within one or more of these district),and any other special districts as determined by the Town. 19. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 20. Amendment. This Agreement may be amended by the Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County 5 EXHIBIT N Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 21. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions,or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements,either verbal or written,between the parties. 22. Tndemnifiratinn. Owner agrees to indemnify and hold harmless the Town and the Town's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorneys' fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined necessary or desirable by the Town in order to effectuate the annexation of the property, or which are in any manner connected with Firestone's enforcement of this Agreement. Owner further agrees to investigate,handle,respond to,and to provide defense for and defend against or at the Town's option to pay the attorneys' fees for defense counsel of the Town's choice for, any such liability,claims,or demands. 23. Owner.As used in this Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 24. Amendments to Jaw. 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 Effect. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 26. Failure to Annex. This Agreement shall be null and void if the Town fails to approve the annexation of the property. 27. 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 g EXHIBIT N transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: Town of Firestone P.O.Box 100 Firestone, CO 80520 With copy to: Griffiths,Tanoue,Light, Harrington&Dawes,P.C. 1860 Blake Street,#550 Denver, CO 80202 Notice to Owner: With copy to: 28. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S.,31-12- 112, as amended,to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 29. Legislative Discretion.The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the property herein contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law,as may be appropriate. 30. No Third-Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not _ named as parties hereto. 31. Governing 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 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 Warranties by Town. The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the Town makes no representation as to the validity or enforceability of this Agreement against the Town, and by entering into this Agreement the Owner acknowledges and accepts that no such warranty is made on the part of the Town. OWNER By: TOWN OF FIRESTONE By: Rick Patterson,Mayor ATTEST: Town Clerk 8 EXHIBIT N ACKNOWLEDGEMENT(Owner) STATE OF COLORADO ) . )ss COUNTY OF ) The above and foregoing signature of was subscribed and sworn to before me this day of Witness my hand and official seal. My commission expires on: (SEAL) 050602/853[sAF:\Users\Sam\WPDocs\Fireston\Forms\Annex.agm g EXHIBIT N EXHIBIT A LEGAL DESCRIPTION OF PROPERTY • 10 EXHIBIT N EXHIBIT B DESCRIPTION OF APPURTENANT WATER RIGHTS • 11 EXHIBIT N File contains oversized maps Please see original file Hello