HomeMy WebLinkAbout20072129.tiff la
Firestone
_ ti. , A Community
••sn. — ' In Motion July 13, 2007
ins
Clerk of the Weld County Board Bruce Barker,Esq.
of County Commissioners Weld County Attorney
P.O. Box 758 915 10th Street
Greeley,CO 80632 Greeley, CO 80632
Frederick Firestone Fire Protection District Mountain View Fire Protection District
P.O. Box 129 9119 County Line Road
Frederick,CO 80530 Longmont,CO 80501
St.Vrain Sanitation District Town of Frederick
11307 Business Park Circle P.O. Box 435
Firestone,CO 80504 Frederick,CO 80530
St. Vrain Valley School District City of Dacono
395 South Pratt Parkway P.O. Box 186
Longmont,CO 80501-6499 Dacono,CO 80514
Central Weld County Water District Weld Library District
2235 2nd Avenue 2227 23rd Avenue
Greeley,CO 80631 Greeley,CO 80631
Carbon Valley Recreation District Left Hand Water District
701 5th Street P.O. Box 210
Frederick, CO 80530 Niwot,CO 80544
St. Vrain and Left Hand Water Conservancy District Weld County Tri-Area Sanitation District
9595 Nelson Rd,Box C P.O. Box 213
Longmont,CO 80501 Frederick,CO 80530
Northern Colorado Water Conservancy District Longmont Conservation District
220 Water Avenue 9595 Nelson Road,Box D
Berthoud,CO 80513 Longmont, CO 80501
Dear Sir or Madam:
Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be known as
the Lexington Village Annexation. The Public Hearing on the proposed annexation is scheduled for Thursday,
August 9,2007 at 7:00 p.m.,as described in the enclosed Resolution No.07-24. Also enclosed is a copy of the
Petition for Annexation as filed and the notice published in the Longmont Daily Times-Call on June 19 and 26
and July 3 and 10,2007 and which was also published in the Carbon Valley Farmer&Miner on June 20 and
27 and July 4 and 11, 2007.
TOWN OF FIRESTONE, COLORADO
Judy Hegwood, Town Clerk
n _ (c( a A/
ti-, _223,-) 151 Grant Ave. • P.O. Box 100 • Firestone,
CO 80520
(303) 833-3291 • fax (303) 833-4863 2007-2129
RESOLUTION NO, 07-24
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE LEXINGTON VILLAGE ANNEXATION TO
THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Lexington
Village Annexation has been filed with the Town Cleric 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 7nnh, , 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 . No additional terms and conditions are to be imposed except any provided for
in the petition.
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 will
hold a public hearing to determine the appropriate zoning of the subject property,if requested in the
petition,at the Firestone Town Hall, 151 Grant Avenue,Firestone,Colorado 80520,on Thursday,
August 9,2007 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,
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and whether the statutory requirements for the proposed annexation have been met,and further,will
determine the appropriate zoning of the subject property if requested in the petition.
+section 7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws of the State of
Colorado,the Board of Trustees may pass one or more ordinances annexing the subject property to
the Town of Firestone,and will pass one or more ordinances zoning the subject property if requested
in the petition.
INTRODUCED,READ,and ADOPTED this l4" day of June 7.
chat P. S. ne
Mayor
ATTEST: y�od // n
c��r°OD pp��.,_�
own Cler
I'a,
te
SEAL 8
3
EXHIBIT A
LEGAL DESCRIPTION
LEXINGTON VILLAGE ANNEXATION
A parcel of land being part of Lot B of Recorded Exemption No. 1313-11-4-RE-3182, a Recorded
Exemption located in the southeast 1/4 of Section 11, Township 2 North, Range 68 West of the
Sixth Principal Meridian, County of Weld, State of Colorado,according to the plat recorded February
11, 2002 at Reception No. 2924195 of the Weld County records, more particularly described as
follows:
Commencing at the south quarter corner of said Section 11;thence north 00°12'30"east,along the
west line of said southeast 1/4 of said Section 11 a distance of 30.00 feet to the point of beginning;
Thence continuing along said west line north 00°12'30" east, a distance 2632.77 feet to the
northwest corner of said southeast 1/4;
Thence south 89°33'40"east, along the north line of said southeast 1/4 a distance of 2572.99 feet to
a point on the west right-of-way line of Birch Street(Weld County Road 11);
Thence south 00°06'55"east, along said west right-of-way line a distance of 273.58 feet to a point
on the northerly line of Monarch Estates first filing, recorded at Reception No.2911121 of said Weld
County records;
Thence along the northerly line of said Monarch Estates first filing the following three (3) courses;
1.) South 66°52'18"west,a distance of 244.14 feet;
2.) South 40°28'51"west, a distance of 191.92 feet;
3.) South 60°02'29" west, a distance of 155.40 feet to the northeast corner of Monarch
Estates 2nd filing, recorded at Reception No.2911123 of said Weld County records;
Thence along the northerly and westerly lines of said Monarch Estates 2nd Filing the following
twelve (12) courses;
1.) South 83°31'45"west, a distance of 128,52 feet;
2.) North 82°12'00"west, a distance of 255.50 feet;
3.) South 81°50'14"west, a distance of 132.22 feet;
4.) South 65°58'11"west, a distance of 225.10 feet;
5.) South 82°43'10"west, a distance of 82.47 feet;
6.) South 50°33'38"west, a distance of 328.83 feet;
7.) South 30°26'34"west, a distance of 128.34 feet;
8.) South 19°52'16"west, a distance of 126.45 feet;
9.) South 14°42'04"west, a distance of 209.51 feet;
10.) South 00°46'36"west, a distance of 121.43 feet;
11.) South 11°07'06"east, a distance of 158.82 feet;
12.) South 04°26'17"east, a distance of 180.58 feet to the southwest corner of said Monarch
Estates 2nd filing;
Thence south 00°20'58"west, a distance of 259.48 feet;
Thence south 05°34'09"east, a distance of 545.18 feet to a point on the north right-of-way line of
Sable Avenue (Weld County Road 22);
Thence north 89.35'35"west, along said north right-of-way line a distance of 991.39 feet to the point
of beginning,
Containing 3,487,776 square feet or 80.0683 acres, more or less.
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PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
We,the undersigned landowners, in accordance with Colorado law, hereby petition the Town of
Firestone and its Board of Trustees for annexation to the Town of Firestone of the unincorporated
territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by
this reference, located in the County of Weld and the State of Colorado, and to be known as the
Lexington Village Annexation to the Town of Firestone.
As part of this petition, your petitioners further state to the Board of Trustees that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of
Firestone.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have
been met in that
a. Not less than one-sixth of the perimeter of the area proposed to be annexed is
contiguous with the Town of Firestone or will be contiguous with the Town of Firestone
within such time as required by Section 31-12-104.
b. A community of interest exists between the area proposed to be annexed and the
Town of Firestone.
c. The area proposed to be annexed is urban or will be urbanized in the near future.
d. The area proposed to be annexed is integrated with or is capable of being integrated
with the Town of Firestone.
e. No land within the boundary of the territory proposed to be annexed which is held in
identical ownership, whether consisting of one tract or parcel of real estate or two or more
contiguous tracts or parcels of real estate, has been divided into separate parts or
parcels without the written consent of the landowner or landowners thereof, unless such
tracts or parcels were separated by a dedicated street, road, or other public way.
f. No land within the boundary of the area proposed to be annexed which is held in
identical ownership,whether consisting of one tract or parcel of real estate or two or more
contiguous tracts or parcels of real estate, comprises twenty acres or more, and which,
together with the buildings and improvements situated thereon, has an assessed value in
excess of two hundred thousand dollars($200,000.00)for ad valorem tax purposes for
the year next preceding the annexation, has been included within the area proposed to
be annexed without the written consent of the landowner or landowners.
g. No annexation proceedings have been commenced for any portion of the territory
proposed to be annexed for the annexation of such territory to another municipality.
h. The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
i. The annexation of the territory proposed to be annexed will not have the effect of
extending the boundary of the Town of Firestone more than three miles in any direction
from any point of the boundary of the Town of Firestone in any one year.
j. The territory proposed to be annexed is 80.936 acres in total area.
}
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k. Prior to completion of the annexation of the area proposed to be annexed, a plan will
. be in place, pursuant to Section 31-12-105(1) (e), C.R.S.,which generally describes the
proposed location, character, and extent of streets, subways, bridges, waterways,
waterfronts, parkways, playgrounds, squares, parks , aviation fields, other public ways,
grounds, open spaces, public utilities, and terminals for water, light, sanitation,
transportation, and power to be provided by the Town of Firestone; and the proposed
land uses for the area; such plan to be updated at least once annually.
I. In establishing the boundary of the area proposed to be annexed, if a portion of a
platted street or alley is to be annexed, the entire width of the street or alley has been
included within the area annexed, and reasonable access will not be denied to any
landowners, owners of any easement, or the owners of any franchise adjoining any
platted street or alley which is to be annexed to the Town of Firestone but is not bounded
on both sides by the Town of Firestone.
m. If required, an impact report will be prepared and filed pursuant to Section 31-12-
108.5, C.R.S.
3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of
dedicated streets and alleys, have signed this petition and hereby petition for annexation of such
territory.
The signatures on this petition comprise one-hundred percent(100%) of the landowners of the
territory to be annexed and said landowners attesting tot he facts and agreeing to the conditions
herein contained will negate the necessity of any annexation election.
4. Accompanying this petition are four copies of an annexation map containing the following
information:
a. A written legal description of the boundaries of the area proposed to be annexed;
b.A map showing the boundary of the area proposed to be annexed, said map prepared
• by and containing the seal of a registered engineer,
c.Within the annexation boundary map, a showing of the location of each ownership tract
in unplatted land and, if part or all of the area is platted, the boundaries and the plat
numbers of plots or of lots and blocks;
d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous
boundary of the Town of Firestone and the contiguous boundary of any other municipality
abutting the area proposed'to be annexed, and a showing of the dimensions of such
contiguous boundaries.
5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be
annexed will become, subject to all ordinances, resolutions, rules, and regulations of the Town of
Firestone, except for general property taxes of the Town of Firestone, which shall become
effective as of the January 1 next ensuing.
6. Zoning classification requested for the area proposed to be annexed is PUD R-C, OS &AG.
The petitioners agree that said annexed land shall be brought under the provisions of Title 17 of
the Firestone Municipal Code within ninety (90)day from the effective date of the annexation
ordinance.
7. There shall be no duty or obligation upon the Town of Firestone to furnish water or sanitary
sewer facilities to the area proposed to be annexed. Such services will be provided at such time,
2
in the sole discretion of the Town, when such services for water and sanitary sewer can be
economically and reasonably installed to service a sufficient number of inhabitants within the area
so as to make the construction and establishment of such services feasible and at no additional
cost for the same or similar type of services provided to inhabitants within the existing corporate
limits of the Town.
8. If required by the Town, an annexation agreement has been or will be executed by the
petitioners herein and the Town of Firestone relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the annexation
agreement.
9. The petitioners agree to the following terms and conditions, which shall be covenants running
with the land, and which may, at the option of the Town, appear on the annexation map:
a.Water rights shall be provided pursuant to Town ordinance.
b.All conditions set out in the annexation agreement executed by the petitioner.
c. Other.
WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the Town of Firestone, acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed:
•
SIGNATURE SHEET
Signature of Date of Mailing Address Are you a Are you a See
Landowner/Petitioner Signing of Landowner/ registered non- Exhibit A ,
of Each Petitioner elector, resident attached
Signature resident landowner hereto and
landowner of the area incorporated
of the area proposed into this
proposed to be petition by
to be annexed? this
annexed? (Yes or reference,
(Yes or No) for the legal
No) description
of the land
owned by
this signer
o 4630 Dayblly(.t; No yeS
�. � 8-2i-o% thioci Co !OSc3
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AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says:
That(he or she)was the circulator of the foregoing Petition for Annexation of lands to the Town of
Firestone, Colorado, consisting of 6 pages, including this page and that each signature
thereon was witnessed by your affiant and is the true signature of the person whose name it
purports to be.
,
ul"ator
ACKNOWLEDGEMENT
STATE OF COLORADO
ss
COUNTY OF v )
The above and foregoing Affidavit of Circulator was subscribed and sworn to before me
this a.day of Ati u4j— , 20_
Witness my hand and official seal.
My commission expires on: g• Z ei • 07
�xrµ, Notary Public
0011;72%
g 41:to T A R y9tr_ Address
-►».-- _ D-°nlv� ld 902, 4
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i• SEAL) 'Q
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Exhibit A
Legal Description
LEXINGTON VILLAGE
ANNEXATION
LEGAL DESCRIPTION
KNOWN BY ALL MEN BY THESE PRESENTS THAT I&I PARTN:a LP,BEING THE SOLE
OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBED LAND,TO WIT`
A PARCEL OF LAND BEING PART OF LOT B OF RECORDED EXEMPTION NO. 1313-11-4-RE-
3182, A RECORDED EXEMPTION LOCATED IN THE SOUTHEAST 1/4 OF SECTION 11,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO,ACCORDING TO THE PLAT RECORDED FEBRUARY II, 2002
AT RECEPTION NO. 2924195 OF THE WELD COUNTY RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION II; THENCE NORTH
00°1230" EAST, ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 OF SAID SECTION I I A
DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WEST LINE NORTH 00°!230"EAST,A DISTANCE 2632.77
PHti TO THE NORTHWEST CORNER OF SAID SOUTHEAST 114;
THENCE SOUTH 89°33'40" EAST, ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 A
DISTANCE OF 2572.99 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BIRCH
STREET(WELD COUNTY ROAD II);
THENCE SOUTH 00°06'55"'EAST,ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF
273.58 FEET TO A POINT ON THE NORTHERLY LINE OF MONARCH ESTATES FIRST FILING,
RECORDED AT RECEPTION NO.2911121 OF SAID WELD COUNTY RECORDS;
THENCE ALONG THE NORTHERLY LINE OF SAID MONARCH ESTATES FIRST FILING THE
FOLLOWING THREE(3)COURSES:
I.) SOUTH 66°52'18"WEST,A DISTANCE OF 244.14 FEET;
2.) SOUTH 40°28'3!"WEST,A DISTANCE OF 191.92 FEET;
3.) SOUTH 60°02'29"WEST,A DISTANCE OF 155.40 FEET TO'!'Tit NORTHEAST CORNER
OF MONARCH ESTATES 2ND FILING, RECORDED AT RECEVITON NO. 2911123 OF
SAID WELD COUNTY RECORDS;
THENCE ALONG THE NORTHERLY AND WESTERLY LINES OF SAID MONARCH ESTATES
2ND
FILING THE FOLLOWING TWELVE(12)COURSES:
1.) SOUTH 83°31'45`WEST,A DISTANCE OF 126.52 FEET;
2.) NORTH 82'12'00"WEST,A DISTANCE OF 255.50 FEET;
3.) SOUTI 81°50'14" WEST,A DISTANCE OF 132.22.Fbh1;
4.) SOUTH 65°58'11"WEST,A DISTANCE OF 225.10 FEET;
5.) SOUTH 62°4370"WEST,A DISTANCE OF 8247 FEIc
6.) SOUTH 50°3318"WEST,A DISTANCE OF 326,83 FEET;
7.) SOUTH 30°26'74° WEST,A DISTANCE OF 12834 FEET;
S.) SOUTH 19'52'16" WEST,A DISTANCE OF 126.45 FEET;
9.) SOUTH I4°42'04"WEST,A DISTANCE OF 209.51 FEET;
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10.) SOUTH 00°46'36"WEST,A DISTANCE OF 121.43 FEET;
11.) SOUTH 11°0T06"EAST,A DISTANCE OF 158.82 FEET;
12.) SOUTH 04°26'17"EAST,A DISTANCE OF 180.58 FEET TO THE SOUTHWEST CORNER
OF SAID MONARCH ESTATES 2ND FILING;
THENCE SOUTH 00°20'58"WEST,A DISTANCE OF 259.48I•t1;
THENCE SOUTH 05°34'09"EAST, A DISTANCE OF 545.16 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF SABLE AVENUE(WELD COUNTY ROAD 22X
THENCE NORTH.89°35'35"WEST,ALONG SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF
99139 FEET TO THE POINT OF BEGINNING.
CONTAINING 3,487,776 SQUARE FEET OR 80.0683 ACRES,MORE OR LESS.
HAVE CAUSED THE ABOVE DESCRIBED TRACT OF LAND TO BE ANNEXED UNDER THE
NAME OF LEXINGTON VILLAGE.
7
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Annexation Impact Report
Lexington Village
Town of Firestone
Weld County
Colorado
July 20, 2007
Lexington Village
Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Lexington Village Annexation is shown on the
Annexation Maps (Attachment A). The area to be annexed includes
approximately 80.0683 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 land
uses. The proposed Outline Development Plan is shown in Attachments 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 and intergovernmental agreements. The land uses proposed are
generally consistent with the Firestone Comprehensive Plan. A referral
relative to the proposed land use for the property has also been sent to the
County planning department for comments.
II. Municipal Services
Municipal services for The Lexington Village are anticipated to be provided
in the following manner at the time of development of the property:
Electricity United Power
Natural Gas Kinder Morgan
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,
through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
Lexington Village
Impact Report 1
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.
ill. Special Districts
The area proposed to be annexed is within or will petition for inclusion into
the following special districts:
• Weld Library District
• St. Vrain Valley School District
• Northern Colorado Water Conservancy District
• Mountain View 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
has been 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.
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 C.
VI. Intergovernmental Agreement with Weld County
The Town has entered into an Interim Coordinated Planning Agreement
with, Weld County, et al. This Agreement sets forth a Firestone Urban
Growth Boundary. The proposed Lexington Village is within such
boundary.
Lexington Village
Impact Report 2
VII. Attachments
A. Annexation Map
Annexation maps
B. Outline Development
Proposed land use map for the annexation
C. Annexation Agreement
Firestone's form Annexation Agreement
Lexington Village
Impact Report 3
ATTACHMENT A
Annexation Map
LARGE MAPS AVAILABLE
FOR
VIEWING
AT THE CLERK TO THE BOARD'S
OFFICE, IN THE PUBLIC REVIEW FILE.
ATTACHMENT B
Outline Development
LARGE MAPS AVAILABLE
FOR
VIEWING
AT THE CLERK TO THE BOARD'S
OFFICE, IN THE PUBLIC REVIEW FILE.
ATTACHMENT C
Annexation Agreement
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. Jncnrpnratinn of Recitals The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Hnpnse. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the property to the Town. Except as expressly provided for herein to the contrary,
all terms and conditions herein are in addition to all requirements concerning annexation contained
in the Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the
1 EXHIBIT N
Municipal Annexation Act of 1965,as amended,C.R.S.Section 31-12-101 et seq.
3. Further-Arcs 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 ikxa,mentc Owner agrees to provide legal documents, surveys,
engineering work, newspaper publication, maps, and reports determined by Firestone to be
nernsary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation
impact report
5. Action on Annexation Petition. Firestone shall act upon the annexation
petition within six months of the date of filing thereof with the Town Clerk,unless Owner consents
to later action
6. 7nningAnd 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. feilicatinnc 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 righis-
of-way for sheets 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. Puhlic lmpmvementc 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. Jmpmvement Districts. If requested by Firestone, Owner agrees to include
the property in one or more special improvement districts or other mechanisms established by
Firestone for making improvements to streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as
Owner's attorney-in-fact for the purpose of executing all documents determined by Firestone to be
necessary for such inclusion. If requested by Owner, Firestone agrees to consider the establishment
of one or more special improvement districts for making such improvements.
10. Conformity with Taws. Owner agrees that the design, improvement,
construction, development, and use of the property shall be in conformance with, and that Owner
shall comply with, all Town ordinances and resolutions including, without limitation, ordinances
and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to
Town Streets and flood control.
11. No Repeal of I awc, Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's
legislative,governmental,or police powers to promote and protect the health, safety,and welfaie of
the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the
Town of any tax or fee.
12. Disconnection No right or remedy of disconnection of the property from the Town
shall accrue from this Agreement,other than that provided by applicable state laws. In the event the
property or any portion thereof is disconnected at Owner's request, Firestone shall have no
obligation to serve the disconnected property or portion thereof and this Agreement shall be void
and of no further'force and effect as to such property or portion thereof.
13. Severability, The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado,the validity of the remaining parts,terms,portions,or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part,term,portion,or provision held to be invalid.
14. Municipal Serviri-s. Firestone agrees to make available to the property all of the
usual municipal services in accordance with the ordinances and policies of the Town which services
include, but are not limited to, police protection and water services. Water service to the property
shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules,
regulations, agreements and policies governing such use, as in effect from time to time. Owner
acknowledges that Town services do not include, as of the date of the execution of this Agreement,
fire protection,emergency medical services or sanitary sewer services,but the property is presently _
included within the boundaries of and is entitled to receive such services from the
Fire Protection District and the Sanitation District
15. Water R ipjttc Owner shall dedicate water rights as set forth in this section.
3 EXHIBIT N
A. Residential Uses. Owner, as a prerequisite to annexation, agrees to furnish and
transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.A
of the Firestone Municipal Code with respect to any residential development on the property. All
such water transferred to the Town shall be Northern Colorado Water Conservancy
District/Colorado Big-Thompson water shares or such other shares as the Town in its sole.
discretion may accept Title to the required water rights, free and clear of all liens and
encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any
residential area No subdivision plat shall receive final approval until the Town becomes the titled
owner of all water required for the platted area.
B. Cnmmemial and Industrial Uses. Owner, as a prerequisite to annexation,agrees
to furnish and transfer ownership to the Town of the minimum water rights as required under
Section 1.08.050.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. Appurenant Water Rightc/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 refereed 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
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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.
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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 associations) 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 Distrirx Inclusinrr. Within ten(10)days after written request by the Town,
Owner shall apply for inclusion of the property within the Not thew Colorado Water Conservancy
District, the Sanitation District, the Carbon Valley Recreation District (if the
property is not yet within one or more of these district),and any other special districts as determined
by the Town.
19. Future C nnperatinn. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
20. Anterulnmept 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. Hntire 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. lndemnifiration Owner agrees to indemnify and hold harmless the Town and
the Town's officers, employees, agents, and contractor;, 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,srrrrresors,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 tti law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution, or policy is
intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or
policy,and the parties agree that such amendments or revisions shall be binding upon Owner.
25. Rintling 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. Nntire, 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 band
delivery shall be effective upon receipt All facsimile transmissions shall be effective upon
6 EXHIBIT N
transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the
United States mail with the proper address as set forth below. Either party by notice so given may
change the address to which future notices shall be sent.
Notice to Town: Town of Firestone
P.O. Box 100
Firestone,CO 80520
With copy to: Griffiths,Tanoue,Light,
Harrington&Dawes,P.C.
1860 Blake Street,#550
Denver,CO 80202
Notice to Owner:
With copy to:
28. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner
represents and submits that, to the extent an election would be required pursuant to C.R.S.,31-12-
112,as amended,to approve the annexation or to impose terms and conditions upon the Property to
be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and.
would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any
election would necessarily result in a majority of the electors' approval to the annexation and the
terms and conditions.
29. 1.egiclative iliscretinn.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 rcapwt to the property herein
contemplated is not taken,then the sole and exclusive right of Owner with respect to such exercise
of discretion shall be the withdrawal of the petition for annexation by the Owner,or disconnection
from the Town in accordance with state law,as may be appropriate.
30. Nn Third-Party Rigyda 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 in 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. Heading. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
33. Nn Warrantira by Tnwn, The Town is entering into this Agreement in good faith
and with the present intention, on the part of the present Town Board,that this Agreement will be
complied with. However, lrramse 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
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• ACKNOWLEDGEMENT(Owner)
STATE OF COLORADO )
)ss
COUNTY OF )
The above and foregoing signature of
was subscribed and sworn to before me this day of
Witness my hand and official seal. •
My commission expires on:
(SEAL)
050602/853[sj I)F:\Users\Sam\WPDocs\Fireston\Forms\Annex.agm
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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10 EXHIBIT N
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EXHIBIT B
DESCRIPTION OF APPURTENANT WATER RIGHTS
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