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Sent Via Registered Mail
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TOWN OF ERIE
18"74
Weld County Commissioners
915 10th Street
Greeley, CO 80631
RE: Annexation Petition
Dear Weld County Commissioners:
The Town of Erie has scheduled a public hearing to consider a petition for the"Pratt 2
Annexation" for February 27, 2007, at 7:00 p.m. or as soon as possible thereafter. The Public
Hearing will be held in the Board Room of the Erie Town Hall, 645 Holbrook, Erie, CO 80516.
Per C.R.S. 31-12-108 (2) "A copy of the published notice, together with a copy of the resolution
and petition as filed, shall also be sent by registered mail by the clerk to the board of county
commissioners and to the county attorney of the county wherein the territory is located and to any
special district or school district having territory within the area to be annexed at least twenty-five
days prior to the date fixed for such hearing."
Please fmd enclosed the following documents:
1) Resolution No. 07-04: A Resolution Finding Substantial Compliance Of The
Annexation Petition Regarding The Annexation And Zoning Of Certain Properties In
Weld County, Colorado To The Town Of Erie, Said Annexation To Be known As
Pratt 2 Annexation; Setting A Public Hearing On Said Annexation And Zoning.
2) Petition submitted by the applicant; including legal descriptions and maps
3) Copy of published notice; to be run January 10, 2007; January 17, 2007;January 24,
2007;and January 31, 2007.
4) Copy of the Impact Report with attached maps
5) Copy of the Draft Annexation Agreement
Please refer questions or comments to the Erie Town Clerk's Office, 303-926-2731; fax: 303-926-
2798; P.O. Box 750, Erie, CO 80516
1 V Truly Y s,
N cy J. P k
T wnCI
Town of Erie, Colorado
Enclosures
cc: Town Attorney; Town Administrator; file
aet I c 2Z/Cac.1 645 Holbrook•P.O. Box 750•Erie, Colorado, 80516•Phone(303)926-2700•Fax (303)926- 2007-0332
ja-CAS-n7
RESOLUTION NO. 07-04
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF THE ANNEXATION
PETITION REGARDING THE ANNEXATION OF CERTAIN PROPERTIES IN WELD
COUNTY, COLORADO TO THE TOWN OF ERIE,SAID ANNEXATION TO BE
KNOWN AS THE PRATT 2 ANNEXATION.
WHEREAS, a petition for annexation of certain properties has been filed with the Board
of Trustees of the Town of Erie, Colorado by Susan Pratt; and
WHEREAS, the Board of Trustees has reviewed the petition; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of
subject property for annexation and zoning; 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 ERIE, COLORADO, as follows:
I. The petition,whose legal descriptions are attached hereto as Exhibit A and
incorporated by reference herein, is in substantial compliance with the applicable laws
of the State of Colorado.
2. No election is required under C.R.S. §31-12-107(2).
3. No additional terms and conditions are to be imposed as may require an election
under C.R.S. §31-12-112.
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 with C.R.S. §31-12-
105, and will hold a public hearing to determine the appropriate zoning of the subject
property, at the Erie Town Hall, 645 Holbrook Street, Erie, Colorado 80516, at the
following time and date:
7:00 PM,
February 27, 2007
5. Any person may appear at such hearing and present evidence relative to the
proposed annexation or the proposed zoning.
6. Upon completion of the hearing, the Board of Trustees shall set forth, by
resolution, its findings and conclusions with reference to the eligibility of the
proposed annexation, and whether the statutory requirements for the proposed
annexation have been met, and further, will determine the appropriate zoning of the
subject property.
7. The appropriate Town Officials are hereby authorized to sign and bind the Town
to this Resolution of Substantial Compliance.
INTRODUCED, READ, SIGNED AND APPROVED this 9th day of January, 2007
TOWNW'ERIE
By___Cf"/
Andrew J. Dore, Mayor
ATTEST:
Na cv.I. P ke , Town Clerk r ^'
ti:` .e.., ri
TO: THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO.
RE: Petition Known As: Pratt Property Annexation
DATE: November 9, 2006
I, Susan Pratt, the undersigned landowner, in accordance with Colorado law,
hereby petition the Town of Erie and its Board of Trustees for annexation to the Town of
Erie of the following described unincorporated territory located in the County of Weld
and State of Colorado, to-wit:
See legal description in Exhibit A, attached hereto and incorporated herein
by this reference.
As part of this petition,your petitioner further states to the Board of Trustees of
Erie, Colorado, that:
1. It is desirable and necessary that the territory described above be annexed to
the Town of Erie.
2. The requirements of C.R.S.sections 31-12-104 and 31-12-105, 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 Erie or will be contiguous with
the Town of Erie within such time as required by 31-12-104.
b. A community of interest exists between the area proposed to be
annexed and the Town of Erie.
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 Erie.
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, 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(S200,000.00)for ad valorem tax purposes for
1
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 Erie more than
three miles in any direction from any point of the boundary of the Town of
Erie in any one year.
j. Prior to completion of the annexation of the territory proposed
to be annexed, the Town of Erie will have in place a plan for that area,
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 Erie; and the proposed land uses
for the area; such plan to be updated at least once annually.
k. In establishing the boundary of the territory 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 territory to be
annexed. The Town of Erie will not deny reasonable access 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
Erie but is not bounded on both sides by the Town of Erie.
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.
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 or the area proposed to be
annexed, said map prepared 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
2
drawing of the contiguous boundary of the Town of Erie 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, rules and regulations of
the Town of Erie, except for general property taxes of the Town of Erie which shall
become effective as the January 1 next ensuing.
6. The zoning classification requested for the area proposed to be annexed is LR.
3
WHEREFORE, the following petitioner respectfully requests that the Town of Erie,
acting through its Board of Trustees, approve the,annexation of the area proposed to be
annexed. By this acknowledgment, the undersigned hereby certify that the above
information is complete and true.
Owners fir. Date: 1/ `� -
Owner: ; Date:
Applicant: • / Date: if
(a IT additional signatures as necessary)
STATE OF COLORADO )
1 SS.
COUNTY OF
The foregoing instrument was acknowledged before me this li day of 1i �
, 2O O it by a_ v.. Pr a -Lac
My commission expires: My Commission Expires 04)01/2007
Witness My hand and official seal. / J�Nota P
blic
4
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
COUNTY OF De )
AI Liz , being first duly sworn upon oath,
deposes and says that(he or she) was the circulator of this Petition for Annexation of
lands to the Town of Erie, Colorado, consisting of I I pages including this page and that
each signature hereon was witnessed by your affiant and is the signature of the person
whose name it purports to be.
Circulator
STATE OF COLORADO )
�" � n � SS.
COUNTY OF � '""` ' ) I+
The foregoing instrumeh�((t��y(w,���a,s.�-a}cknowledged before me this day of N � 1
by SQ.A,� • tan.
tQCCto
My commission expires: MyGommssionExpires04/01/2007
Witness My hand and official seal.
ry Publi
6
RECORD OF
LAND OWNERSHIP AND DATE SIGNED
Landowner/Petitioner Legal Description
Mailing Address Date Signed of Land Owned
Susan Pratt November 9, 2006 See Exhibit 'A'
P.O. Box 1937
Longmont, CO 80502
5
EXHIBIT "A"
Legal Description:
A PORTION OF SECTION 29, TOWNSHIP 1 NORTH,RANGE 68 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 29; THENCE
S89°53'54"W,ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 29,A
DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY LINE OF E.R.D. SANIFILL
ANNEXATION,AS RECORDED IN THE RECORDS OF THE CLERK AND RECORDER'S
OFFICE OF WELD COUNTY, COLORADO IN BOOK 1553 AT PAGE 485, RECEPTION NO.
2498057, SAID POINT ASLO BEING THE POINT OF BEGINNING;
THENCE S00°33'04"E, ALONG SAID WESTERLY LINE OF E.R.D. SANIFILL ANNEXATION,
A DISTANCE OF 2658.71 FEET TO A POINT ON THE NORTHERLY LINE OF VISTA RIDGE
ANNEXATION NO. 1,AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF
WELD COUNTY, COLORADO AT RECEPTION NO. 2973937; THENCE N89°52'25"W ALONG
SAID NORTHERLY LINE,A DISTANCE OF 2582.83 FEET TO A POINT; THENCE
CONTINUING ALONG SAID NORTHERLY LINE,N89°51'56"W, A DISTANCE OF 2592.79
FEET TO A POINT ON THE EASTERLY LINE OF BARB ANNEXATION MAP AS
RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF WELD COUNTY,
COLORADO AT RECEPTION NO. 2793935; THENCE N00°46'44"W ALONG SAID EASTERLY
LINE, A DISTANCE OF 1041.96 FEET TO A POINT ON THE SOUTHERLY LINE OF A
PARCEL OF LAND AS DESCRIBED IN THE RECORDS OF THE CLERK AND RECORDER'S
OFFICE OF WELD COUNTY, COLORADO AT RECEPTION NC). 2360787; THENCE
TRAVELING ALONG THE SOUTHERLY AND EASTERLY PORTION OF SAID PARCEL OF
LAND, THE FOLLOWING (3)THREE COURSES:
1. S89°59'04"E,A DISTANCE OF 1265.11 FEET TO A POINT;
2. N45°48'01"E, A DISTANCE OF 1075.96 FEET TO A POINT;
3. N00°40'10"W, A DISTANCE OF 850.48 FEET TO A POINT ON THE NORTH LINE OF THE
SOUTH HALF OF SAID SECTION 29;
THENCE N89°55'44"E, ALONG SAID NORTH LINE, A DISTANCE OF 549.46 FEET TO A
POINT ON THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF
SAID SECTION 29; THENCE CONTINUING ALONG THE NORTH LINE OF THE SOUTH
HALF OF SAID SECTION 29,N89°55'15"E, A DISTANCE OF 479.08 FEET TO A POINT;
THENCE N48°09'00"E,A DISTANCE OF 1110.81 FEET TO A POINT ON THE WEST LINE OF
THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE
N00°36'26"W,ALONG SAID WEST LINE OF THE EAST HALF OF THE NORTHEAST
QUARTER,A DISTANCE OF 370.76 FEET TO A POINT; THENCE N68°34'00"E, A DISTANCE
OF 1364.75 FEET TO A POINT ON THE WESTERLY LINE OF SAID E.R.D. SANIFILL
ANNEXATION; THENCE S00°32'52"E, ALONG SAID WESTERLY LINE, A DISTANCE OF
1607.21 FEET TO THE POINT OF BEGINNING.
CONTAINING 12,783,959 SQUARE FEET OR 293.4793 ACRES OF LAND, MORE OR LESS.
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NOTICE OF PUBLIC HEARING
BOARD OF TRUSTEES
TOWN OF ERIE
Notice is hereby given that on February 27, 2007, at 7:00 PM, or as soon as possible
thereafter, in the Town Hall, 645 Holbrook, Erie, Colorado, or at such place and time as
the hearing may be adjourned to, a PUBLIC HEARING will be held upon the Petition for
Annexation filed by Pratt Land Company, Susan M. Pratt, P.O. Box 1937, Longmont,
CO., for the purpose of determining and finding whether the area proposed to be
annexed meets the applicable requirements of C.R.S. Sections 31-12-104 and 31-12-
105 and is considered eligible for annexation.
A copy of the Petition for Annexation, as filed, is included in this Notice.
The legal description of the property is:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 29;
THENCE 589°53'54"W, ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID
SECTION 29, A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY LINE OF
E.R.D. SANIFILL ANNEXATION, AS RECORDED IN THE RECORDS OF THE CLERK
AND RECORDER'S OFFICE OF WELD COUNTY, COLORADO IN BOOK 1553 AT PAGE
485,RECEPTION NO. 2498057, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE S00°33'04"E,ALONG SAID WESTERLY LINE OF E.R.D. SANIFILL
ANNEXATION, A DISTANCE OF 2,658.71 FEET TO A POINT ON THE NORTHERLY
LINE OF VISTA RIDGE ANNEXATION NO. 1, AS RECORDED IN THE OFFICE OF THE
CLERK AND RECORDER OF WELD COUNTY, COLORADO AT RECEPTION NO.
2973937;
THENCE N89°52'25"W ALONG SAID NORTHERLY LINE, A DISTANCE OF 2,582.83 FEET
TO A POINT;
THENCE CONTINUING ALONG SAID NORTHERLY LINE,N89°51'56"W, A DISTANCE
OF 2,592.79 FEET TO A POINT ON THE EASTERLY LINE OF BARB ANNEXATION MAP
AS RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF WELD COUNTY,
COLORADO AT RECEPTION NO. 2793935;
THENCE N00°46'44"W ALONG SAID EASTELY LINE, A DISTANCE OF 1041.96 FEET TO
A POINT ON THE SOUTHERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN THE
RECORDDS OF THE CLERK AND RECORDER'S OFFICE OF WELD COUNTY,
COLORADO AT RECEPTION NO. 2360787;
THENCCE TRAVELING ALONG THE SOUTHERLY AND EASTERLY PORTION OF SAID
PARCEL OF LAND, THE FOLLOWING (3)THREE COURSES:
1. 589°59'04"E,A DISTANCE OF 1,265.11 FEET TO A POINT;
2. N45°48'01"E, A DISTANCE OF 1,075.96 FEET TO A POINT;
3. N00°40'10"W, A DISTANCE OF 850.48 FEET TO A POINT ON THE NORTH
LINE OF THE SOUTH HALF OF SAID SECTION 29;
THENCE N89°55'44"E,ALONG SAID NORTH LINE, A DISTANCE OF 549.46 FEET TO A
POINT ON THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF
SAID SECTION 29;
THENCE CONTINUING ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID
SECTION 29, N89°55'15"E,A DISTANCE OF 479.08 FEET TO A POINT;
THENCE N48°09'00"E, A DISTANCE OF 1,110.81 FEET TO A POINT ON THE WEST LINE
OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 29;
THENCE N00°36'26"W,ALONG SAID WEST LINE OF THE EAST HALF OF THE
NORTHEAST QUARTER, A DISTANCE OF 370.76 FEET TO A POINT;
THENCE N68°34'00"E,A DISTANCE OF 1,364.75 FEET TO A POINT ON THE WESTERLY LINE
OF SAID E.R.D. SANIFILL ANNEXATION;
THENCE S00°32'52"E, ALONG SAID WESTERLY LINE,A DISTANCE OF 1,607.21 FEET TO THE
POINT OF BEGINNING.
CONTAINING 12,783,959 SQUARE FEET OR 293.4793 ACRES OF LAND,MORE OR LESS.
The Application for Annexation and Initial Zoning is on file with the Town of Erie.
Any person may appear at the Public Hearing and present evidence upon any matter to
be determined by the Board of Trustees. The Board of Trustees will be taking
comments at the Public Hearing prior to making a determination or taking any action on
this matter.
/s/ Nancy J. Parker
Town Clerk
FOR QUESTIONS OR COMMENTS, CONTACT
TOWN OF ERIE
COMMUNITY DEVELOPMENT DEPARTMENT
P.O. BOX 750
ERIE, COLORADO 80516
PHONE: (303) 926-2770
FAX: (303) 926-2706
This Notice shall be published in the Erie Review once a week for four successive
weeks: January 10, 2007; January 17, 2007; January 24, 2007; and January 31, 2007.
Please send the affidavit of publication and billing to:
Town Clerk
Town of Erie
PO Box 750
Erie, CO 80516
Annexation Impact Report
For
Susan Pratt
Pratt Property Annexation
Prepared for the County of Weld, Colorado
Town of Erie
645 Holbrook, PO Box 750
Erie, Colorado 80516
26 January 2007
1 of 5
TABLE OF CONTENTS
I. Introduction
II. Map of municipality and adjacent territory
III. Draft Annexation Agreement
IV. Municipal Services
V. Municipal Services Financing
VI. Existing Special Districts
VII. Impact on Public School District Systems
Exhibit A Present and proposed boundaries of the municipality in the vicinity of
the proposed annexation; also present streets in the vicinity of the
proposed annexation
Exhibit B1 Major trunk water mains
Exhibit B2 Major trunk sewer mains
Exhibit C Existing and proposed land use pattern
2 of 5
Introduction
This impact report is provided to Weld County pursuant to C.R.S. 31-12-108.5(1).
The Town of Erie, Colorado, has received an annexation petition for approximately
293.479 acres located within Weld County, owned by Susan Pratt.
The property is proposed for zoning as Low-Density Residential (LR) under the Town of
Erie Unified Development Code. Per the proposed annexation agreement, the maximum
number of residential dwelling units permitted within the area to be annexed is five
hundred eighty-seven (587).
On February 27, 2007, the Town of Erie will hold a public hearing to consider this
annexation.
I. Annexation Map
The subject property is depicted on the Annexation Map, Exhibit Al, attached.
Also shown on Exhibit Al,pursuant to C.R.S. 31-12-108.5 is the following:
The present and proposed boundaries of the municipality in the
vicinity of the proposed annexation.
Shown on Exhibits B1 and B2 are the following:
The present streets, major trunk water mains, sewer
interceptors and outfalls, other utility lines and ditches, and the
proposed extension of such streets and utility lines in the
vicinity of the proposed annexation.
Shown on Exhibit C are the following:
The existing and proposed land use pattern in the vicinity of
the site to be annexed.
II. Annexation Agreement
The draft Annexation Agreement is attached.
3 of 5
III. Utilities/Municipal Services
1. Water and Wastewater
The property will require the extension of water and wastewater services into the site.
Water service connection is located at the southern edge of the property, and related
water system pressure improvements are required. There is an existing sanitary sewer
service trunk line crossing the southwest corner of the property. The proposed annexation
will not require the town to extend any municipal water or wastewater service lines.
2. Other Utilities
Comcast Communications currently provides telephone service within the proposed
annexation vicinity. No change in this service is proposed.
United Power currently provides electrical power within the proposed annexation
vicinity. Xcel Energy currently provides natural gas services within the proposed
annexation vicinity. No change in this service is proposed.
The proposed annexation will not require major service extensions from any of the above
described utility providers.
3. Police Protection
The Town of Erie provides its own police protection and will extend police protection
services to the area proposed to be included within the town's boundaries as part of this
annexation.
4. Street maintenance and improvements
The maintenance of proposed streets within the annexation will be provided by the town
after construction to town specifications and acceptance by the Public Works Division.
5. Other Municipal Services
The Town of Erie provides municipal services such as recreation and senior services. No
infrastructure extension or expansion is required.
IV. Municipal Services Financing
No additional infrastructure is required or proposed to provide municipal services within
the area proposed to be included within the town's boundaries as part of this annexation.
To the extent any additional service provision occurs, such service can be accommodated
within the town's current budget.
4 of 5
V. Special Districts
The proposed annexation area is encompassed within the following districts:
• Mountain View Fire Protection District
• St. Vrain Valley School District RE1-J
• Northern Colorado Water Conservancy District
• Northern Colorado Water Conservancy District Subdistrict
• Weld County Library District
VI. School District Impact
The proposed project's impact on the St. Vrain Valley School District, REl-J, in terms of
the number of students to be generated by the project if full development occurs, is as
follows:
• Elementary School 199 students
• Middle School 82 students
• High School 105 students
Per the Intergovernmental Agreement (IGA) between the St. Valley School District—
RE1-J, and the Town of Erie, the owner is required to pay a school fee to the School
District prior to the issuance of building permits.
5 of 5
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2005 Comprehensive Plan
Land Use Plan Map
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TOWN OF ERIE
WASTEWATER MASTER PLAN
1
PRATT PROPERTY
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2007,
by and between Susan Pratt, P. O. Box 1937, Longmont, CO 80502, hereinafter referred to as the
"Owner," and the Town of Erie, a municipal corporation of the State of Colorado, hereinafter
referred to as "Erie" or "Town".
WITNESSETH:
WHEREAS, the er S to annex to Erie the property more particularly described
on Exhibit "A," which is ched o, .rporated herein, and made a part hereof(such
property is hereinafter re ed to p' y"); and
WHEREA has e ut= : p n to annex the Property, a copy of which
petition is attached her 'B rporated herein and made a part hereof, and
V
WHEREAS, Owner intends a.n -xation o Pro.-rty to Erie, to sell, transfer or
otherwise convey all or a portion o •i the Pro t. or more developers (whether
one or more, the "Developer") prior t. ent c n ch conveyed portion(s) of
the Property; and
WHEREAS, it is to the mutual benefit o .. 1p: . e following
Agreement; and
WHEREAS, Owner acknowledges that upon annex. 'e Prop be subject to
all ordinances, resolutions, and other regulations of the Town o -, as t y be amended
from time to time; and
WHEREAS, Owner acknowledges that the need for conveyances ication of
certain property, including but not limited to property for streets, rights-of-way and easements,
parks and open space, utility facilities and improvements, to Erie as contemplated in this
Agreement are directly related to and generated by the 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:
I. ANNEXATION AND ZONING. The annexation of the Property shall be in conformance
with the Colorado Municipal Annexation Act of 1965, as amended, and with applicable
Town of Erie codes.
The Owner desires LR(Low-Density Residential) zoning, in accordance with the Unified
Development Code (Ordinance 4-2006). The parties recognize that it is the intent and
desire of the Owner to have the Property developed in a manner generally consistent with
the Town of Erie Comprehensive Plan and the zoning requested and that the granting of
such zoning by the Town of Erie is a condition to annex the Property. Owner shall take
all action necessary to permit zoning by the Town of Erie of the annexed area within the
time prescribed by state statutes.
A. Land Use. All residential and commercial construction will be subject to the types
and intensities of land use permitted pursuant to the Unified Development Code in
effect on the date hereof; or in effect on the date when building permit applications
are filed.
B. Master Devel t. Erie and the Owner recognize that property
development ubj market conditions. To assure Erie that the development
of the Prop proce • derly manner, Owner may phase the development.
A "master d elopme at Property maybe provided during the
subdivisi rocess. F ea. . r filing, a site specific plan or subdivision
plat wil 'tted thfr 'e g Commission and the Board of Trustees
for review . T i s ecific plan or plat shall be in general
conformance ` . opment pl for the Property, as approved
and/or amended by the fi d rustees.
IL ANNEXATION SKETCH PL• '130 'Comprehensive Plan
encompasses the entire Property. The 1 out in detail the
land uses for the Property. The Annexat . f e 'attached hereto
as Exhibit "C" (hereinafter the "Annexation ") s 'cts the
Owner's intention to develop and use the Prope ist the LR-
Low Density Residential zoning and Comprehensiv ed d e Owner's
Annexation Sketch Plan generally conforms to the To 'e Com ive Plan. The
Annexation Sketch Plan is for discussion and illustration p es o wever, and
conveys no rights or entitlements to Owner for any development wha er. Any and all
future development on the Property shall comply with, conform to subject to all
applicable Town Codes, regulations and ordinances in effect at the f uest for
development of the Property. The Town shall retain full authority to act in the public
interest in exercising its municipal police powers, including considering or initiating
amendments or modifications of the Property's zoning and to the Annexation Sketch Plan
for some or all of the parcels making up the Property.
The Owner and Town acknowledge and agree that neither the annexation of the Property,
the approval of the zoning nor the inclusion of the Annexation Sketch Plan as an exhibit
hereto constitutes the creation of a vested property right for the Property, as vested rights
are defined by the Colorado Revised Statutes and the Town of Erie Municipal Code, and
that any such vested right for the Property, if any, must be created in accordance with the
applicable provisions of the Colorado Revised Statutes and the Town of Erie Municipal
Code. The Owner agrees that the Property will be subject to all applicable Town Codes,
regulations and ordinances in effect at the time of request for development of the
Annexation Agreement Template 2
Property, including any future phasing or growth management regulations that may be
adopted by the Town.
III. LAND DEDICATION. The dedication of parks and open space, public easements for
utilities, rights-of-way for streets and other public ways and dedications for other public
purposes shall be by General Warranty Deed or appropriate instrument of conveyance
acceptable to the Town. Such dedications as may be required by the Town shall occur
immediately upon req 'of the Town except that internal rights-of-way shall be
dedicated at the time vision platting, unless the Town specifies another time and
except that such dedic be delayed by Owner until Developer is the owner of the
portion(s) of the Prop y t edicated. The Town and the Owner agree that such
dedications are direc relat . erated by development intended to occur within
the Property and th o takin • occur requiring any compensation.
A. Roads lity E mu s. wner or Developer, as the case may be,
shall dedi - ay . r ads and utility easements to Erie. All utility
easements, d to E s re-for the • and the benefit of the various
entities furnishing utility ti i. .e., elect i tel- . .one, gas, TV cable, water
sewer. ALL UTILITI. PLA 11 'GROUND.
IV. AVAILABILITY OF SERVICES. E t. a i e Property all of
the usual municipal services in accordan«, • t . ' •-s of the Town
which services include, but are not limited to, .c . . s . • :r 0 sewer
services. Owner acknowledges that Town servic •. 1 , as ,= to of the
execution of this Agreement, fire protection or eme : -• a se the
Property is presently included within the boundaries o ., titled -rve such
services from the Mountain View Fire Protection District.
V. WATER SERVICE. Water service to the Property shall be provid e Town. If the
Property is not already in the Northern Colorado Water Conservancy « and/or the
Municipal Subdistrict, the Owner or Developer, as the case may be, agrees to include the
Property in said District(s) and to the payment of any fees and taxes levied by the
District(s) as a condition of said inclusion prior to receiving water service from Erie. In
addition, the Owner or Developer shall exclude the Property from the Left Hand Water
District if the Property is currently within said District prior to receiving water service
from Erie. Owner hereby acknowledges its receipt of a copy of Town of Erie Municipal
Code ("Municipal Code"), Titles 2 and 8, as amended, concerning Town policy with
respect to obtaining water service from the Town, the dedication of water rights to the
Town in connection with annexations and the extension of water lines and pumping
facilities to the Property. Owner or Developer, as the case may be, agrees to comply with
said Municipal Code, Titles 2 and 8, and with any amendments thereto, including any
applicable amendments adopted subsequent to the annexation of the Property. The Town
and the Owner agree that such dedications are directly related to and generated by
Annexation Alp cement Template 3
development intended to occur within the Property and that no taking thereby will occur
requiring any compensation.
A. Extension of Water Services. The extension of water mains or trunk lines shall be
in accordance with the Municipal Code, Section 8-1-16. Owner or Developer, as
the case may be, shall install at his sole cost and expense, all the water mains, trunk
lines, pumping facilities and appurtenances necessary to provide service from the
Town's system to the Property. These extensions may include the over sizing of
lines and pump' facilities for future development of adjacent property. Owner or
Developer, as may be, shall install at his sole cost and expense, all the
water lines, fir and appurtenances within the Property. Water lines lying
within the ded' t of-way shall be dedicated to Erie after construction. Any
reimburseme to the Developer, as the case may be, for over sizing of
water lines be subj t ate Development Agreement.
B. Water vail Ili exation Agreement is a commitment to provide wa t r However, Erie does not warrant the
availability of ervi t%ner at a icular time for any phase of
development. A dete . o water s avail bility by Erie shall be made
by a water system ana e the ts water taps. In the event
that the Town determines ins i wa be availability, no water
taps shall be issued until such t' e t ' ability.
C. Water Tap Fees. Water tap fees sha ' t `fees at the
time which the applicant requests water t t s s'd when a
building permit for a structure is requested n. ',
D. Water Rights Dedication. Owner represents to th wn, to current
knowledge of Owner, that the tributary and non-tributary wat Ms listed on
Exhibit "D", attached hereto and incorporated herein by t ' ce, constitute
all of the water rights appurtenant to the subject property. In ce with the
Municipal Code, Title 8, as amended, and existing Town policy, the Town shall
have the right to purchase historical surface water rights from the land at fair
market value. The purchase may be delayed until the Owner is ready to sell to
Developer.
VI. SEWER SERVICE. Sewer service to the Property shall be provided by the Town, except
that the existing individual septic system may continue to be used in the event that sewer
service is not available from the Town. Septic systems must be approved by the Town and
Boulder County Health Department. The Owner agrees to connect Owner's Individual
Sewage Disposal System to sanitary sewer at Owner's expense when such sewer service
comes to the boundary of the particular portion of the Property utilizing such septic
system. The Owner or Developer, as the case may be, shall record a disclosure with all
lots sold verifying that it shall be the responsibility of the fee title owner of the land to bear
the cost of extending Town sewer lines to the Property, should the State of Colorado or
Annexation Agreement Template 4
any other governmental agency require Town sewer service to be provided to this
property.
Owner hereby acknowledges receipt of a copy of the Municipal Code, Title 8, concerning
Town policy with respect to obtaining sewer service from the Town and the extension of
sewer lines to the Property. Owner agrees to comply with the Municipal Code, Title 8
and with any amendments thereto, including any applicable amendments adopted
subsequent to the annexation of the subject Property. The Town and the Owner agree that
dedications required b e Municipal Code, Title 8 are directly related to and generated
by development inter. o ccur within the Property and that no taking thereby will
occur requiring any co• le n.
A. Extension o ewer 'c he extension of sewer mains or trunk lines shall be
in accordan. ith the de, Title 8. Owner or Developer, as the case
may be, • I install at so d expense, all the sewer mains, trunk lines,
sewer li s, an pp cilities necessary to connect to the Town's
system Th.. - io elude the oversizing of lines for future
development o ent Wwner or eloper, as the case may be, shall
install at his sole cost p all the se lines and appurtenances within the
Property. Sewer lines he ded. ri f-way shall be dedicated to
Erie after construction. em s lie r,Developer, as the
case may be, for over sizing of d appurtenant
facilities will be subject to a sep a nt e
B. Sewer Service Availability. Erie does n e flab wer service
to the Owner for any phase of development. ion ervice
availability by Erie shall be made by a sewer sys sis at t e the Owner
requests sewer taps. In the event that the Town d es t has Sufficient
sewer service availability, no sewer taps shall be issued until s ime as there is
sewer service availability.
C. Sewer Tap Fees. Sewer tap fees shall be the existing Town fees at the time which
the applicant requests sewer taps. Sewer tap fees shall be paid when a building
permit for a structure is requested from the Town.
VII. ROADS, TRAILS AND PUBLIC RIGHTS-OF-WAY. All public roads shall be
constructed to Town standards. Trails shall be constructed as an integral feature of the
development, in accordance with Town construction standards. All public roads, trails and
right-of-ways shall be dedicated to Erie. Erie will install, at Owner's or Developer's, as the
case may be, expense, street name signs, striping, stop signs, speed limit and other signs
on all streets, in accordance with the Model Traffic Code, as from time to time amended,
and other applicable legal requirements. The total cost of street light installation shall be
the Owner's or Developer's, as the case may be, obligation. The type of street lights shall
be chosen by Erie. Owner or Developer, as the case may be, shall provide a two (2) year
guarantee for all improvements from the time of final acceptance to Erie.
Annexation Agreement Template 5
VIII. CONFORMANCE WITH TOWN REGULATIONS. Owner agrees that the design,
improvement, construction, development, and use of the Property shall be in conformance
with all Town ordinances and resolutions and the Town's "Standard Design Criteria and
Standard Construction Requirements" including, without limitation, those pertaining to
subdivision, zoning, streets, storm drainage, utilities, and flood control.
IX. PUBLIC IMPROVEMENTS. Owner or Developer, as the case may be, agrees to
design, construct and ' ' ll in accordance with Town approved plans, certain public
improvements includ' t ot limited to streets, curb, gutter, sidewalks, storm sewer
lines, storm drainage ' r ts, sanitary sewers, water lines, trails and park
improvements within adj to the Property. Owner or Developer, as the case may
be, agrees to guaran const o' 11 required improvements, and, if requested by
Erie, to dedicate to 'e any o r uired improvements. Owner or Developer, as
the case may be, ees to ent t ent pertaining to such improvements and
other matters p y de op t o Property. The construction of public
improvements shah cUo r sement which may be provided for in the
Development Agreem V
X. EXCLUSIVITY OF ANNE TITI ees to not sign any other
petition for annexation of the Pro y p o r . tion election relating
to the Property, except upon request o
XI. SPECIAL PROVISIONS.
1. Density. The Annexation Sketch Plan demonst . • • ., umra hundred
eighty-seven(587) residential dwelling units on the .. The
acknowledges that this number is only illustrative and . . cussit rposes, and that
the actual number of dwelling units allowed on the Property shall etennined
through the Town's development review process, and in confo with the
Town's then current Codes, regulations, ordinances and developm. lations and
Comprehensive Plan following application by the Owner for development. The
maximum number of residential dwelling units set forth herein shall create no rights or
entitlements to Owner for any development whatsoever. However, in no event shall
the actual number of dwelling units allowed on the Property exceed the number
proposed in the Annexation Sketch Plan and set forth herein.
2. Bonanza Drive/Vista Parkway Connection. The Owner shall be responsible for the
construction, connecting Bonanza Drive with Vista Parkway, including any additional
right-of-ways for said construction, reconstruction and relocation of any portions of
the existing Bonanza Drive and Vista Parkway and re-vegetation of all affected lands.
The Owner shall complete said improvements concurrent with the first phase of
development.
3. Vista Parkway/WCR 4 Connection. The owner shall be responsible for dedicating
right-of-way for a collector road or minor arterial roadway connecting Vista Parkway
Annexation Agreement Template 6
to Weld County Road 4. The location of and classification of said right-of-way shall
be determined by the Town prior to Preliminary Plat approvals. In addition, the
Owner shall be responsible for the construction of one through lane in each direction
with landscaped median and necessary turn lanes and any necessary upgrades to the
intersections with Vista Parkway and Weld County Road 4. The Owner shall
complete said improvements concurrent with the first phase of development.
XII. MISCELLANEOUS PROVISIONS.
A. Interpretatio o in this Agreement shall constitute or be interpreted as a
repeal of the T n' antes or resolutions, or as a waiver of the Town's
legislative, go or police powers to promote and protect the health,
safety, and w are of • and its inhabitants, nor shall this Agreement
prohibit the actment • the Town of any tax or fee.
B. Severa any p , s- in, section, sentence, clause or phrase of this
Agreemen o et e invalid, such invalidity shall not affect the
validity of the g s o •?The Agree nt. The parties hereby declare
that they would have ay =• t• Agreem dud' g each part, section,
subsection, sentence, e ther ive of the fact that one or
more parts, sections, subs. -nt , es •T es be declared invalid.
C. Amendments to the Agreemen . a en y • t IT • .5, at anytime,
upon agreement of the parties hereto. • t . ting, shall
be recorded with the County Clerk &Re. . 1 unt • <•o, shall
be covenants running with the land, and shat pon . or
entities having an interest in the Property subjec amend t nless
otherwise specified in the amendment.
In addition, this Agreement may be amended by the Town . Owner or
Developer without the consent of any other Owner or Develo• . •ng as such
amendment affects only that amending Owner's or Developer's, as the case may
be, portion of the Property. Such amendments shall be in writing, shall be
recorded with the County Clerk &Recorder 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.
D. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties, their successors in interest, or their legal representatives, including all
developers, purchasers and subsequent owners of any lots or parcels within the
Property, and shall constitute covenants running with the land. This Agreement
shall be recorded with the County Clerk & Recorder of Weld County, Colorado, at
Owner's or Developer's, as the case may be, expense. Subject to the conditions
Annexation Agreement Template 7
precedent herein, this Agreement may be enforced in any court of competent
jurisdiction.
E. Indemnification. Owner or Developer, as the case may be, 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 attorney's
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 nec or desirable by the Town in order to effectuate the
annexation of r erty, or which are in any manner connected with Erie's
enforcement of ent. Owner or Developer, as the case may be, further
agrees to inv ate, le, respond to, and to provide defense for and defend
against or at To t' ' o pay the attorney's fees for defense counsel of the
Town's cho. for, an h claims, or demands.
F. Te the ex o Property is, for any reason, not completed
then this A ll u void and of no force and effect whatsoever.
G. No Right or Remedy o sc ction. N ht o remedy of disconnection of
the Property from the ccrue tment, other than provided
by applicable state laws. t th y „ rtion thereof is
disconnected at Owner's or De uest, the Town of
Erie shall have no obligation to s e portion thereof
and this Agreement shall be void an er to such
property or portion thereof.
H. Annexation and Zoning Subject to Legislati etion. ner
acknowledges that the annexation and subsequent g oft operty are
subject to the legislative discretion of the Board of Trustees o Town of Erie.
No assurances of annexation or zoning have been made or r n by the
Owner. In the event that the Town of Erie Board of Trustees, exercise of
it's legislative discretion, does not take any action with respect to the Property
herein contemplated, then the sole and exclusive remedy for the breach hereof
accompanied by the exercise of such 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.
Legal Discretion in the Case of Challenge. The Town of Erie reserves the right
to not defend any legal challenge to this annexation, In the event such a challenge
occurs prior to any expiration of any statute of limitation, Erie may, at it's
discretion, choose to legally fight the challenge or allow the challenge to proceed
without defense. This does not restrict the Owner from engaging the Town's legal
representatives in such a defense, at no cost to the Town.
Annexation Agreement Template 8
J. Application of Town Policies. Upon annexation, all subsequent development of
the Property shall be subject to and bound by the applicable provisions of Erie
ordinances, as amended, including public land dedications, provided however, that
changes or amendments to the code, after the date of this Agreement shall in no
way limit or impair Erie's obligation hereunder, except as specifically set forth in
this Agreement.
K. Amendments to Governing Ordinances, Resolutions and Policies. As used in
this Agreement ess otherwise specifically provided herein, any reference to any
provision of ordinance, resolution, or policy is intended to refer to any
subsequent am or revisions to such ordinance, resolution, or policy, and
the parties agr tha amendments or revisions shall be binding upon Owner
or Developer the c
L. Legal Fe n the ev ha y finds it necessary to retain an attorney in
connect a. de It b e as to any of the provisions contained in this
Agreement, g _pay the other's reasonable attorney's fees and
costs incurred rcin e lions oft ' Agreement.
M. Reimbursement for The 0 r Loper, as the case may be,
shall reimburse the Town d p is • + for the orderly and
proper development of the Pro ut I' . consultant's fees
for planning and engineering, an s'f A ``beyond the
normal document review, which is d
N. Avigation Easements. Owner agrees to pro wi uted
avigation easement (which avigation agreement •.be r- until the
Property is annexed to Erie) upon mayor's signatur 's • ation
Agreement, which provides the Town of Erie an easement for operation of
aircraft to and from the Tri-County Airport, and which pro •e residents of
Parkland Estates, a Weld County Subdivision, an easement for .eration of
aircraft to and from the private landing strip in Parkland Estates within the airspace
of the Owner's property. In the event the annexation of the Property is, for any
reason, not completed then such unrecorded avigation agreement shall be deemed
to be null and void and shall be immediately returned to Owner.
O. Oil and Gas Access Roads. All oil and gas access roads located on the Property
will remain where they are, and will be considered a current obligation between the
Owner or Developer, as the case may be, and the oil and gas company(s). The
Town will not be responsible for any maintenance of any current oil and gas access
road.
P. 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.
Annexation Agreement Template 9
Q. Timely Submittal of Materials. Owner or Developer, as the case maybe, agrees
to provide legal documents, surveys, engineering work, newspaper publication,
maps, reports and other documents necessary to accomplish the annexation of the
Property and the other provisions of this Agreement.
R Compliance with State Law. The Owner or Developer, as the case may be, and
the Town shall comply with all applicable State law and regulations.
S. Recording of e ent. This Agreement shall be recorded in the records of the
Weld County ecorder.
XIII. COMPLETE AG ME trument embodies the whole agreement of the
parties. There are promise itions, or obligations other than those
contained herein. this Agr e persede all previous communications,
representations, amen eit v r written, between the parties hereto.
Except as provid s o modifications of this Agreement except in
writing, executed wit e f seas this ins ment. Subject to the conditions
precedent herein this Agreem y, forced ' co of competent jurisdiction.
By this acknowledgment, the undersign erti t e a Bement is complete
and true and entered into of their own free w' o
OWNER
Susan Pratt to
STATE OF COLORADO )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2007 by
My commission expires:
Witness My hand and official seal.
Notary Public
STATE OF COLORADO )
) SS.
Annexation A®euu.,nt Template 10
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2007 by
My commission expires:
Witness My hand and official seal.
Notary Public
TOWN OF ERIE
ir
Andrew J. Moore, Mayor
ATTEST:
Nancy J. Parker, Town Clerk
STATE OF COLORADO )
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2007 by Andrew J. Moore and Nancy J. Parker, Mayor and Town Clerk,
respectively, of the TOWN OF ERIE.
My commission expires:
Witness My hand and official seal.
Notary Public
Annexation Agreement Template 11
EXHIBIT "A"
Legal Description
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EXHIBIT "B"
(Attach a copy of the Annexation Petition)
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EXHIBIT "C"
(Attach the Annexation Ordinance)
4 ,
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EXHIBIT "D"
Water Rights Appurtenant to Property.
(Listing of all tributary and non-tributary water rights
attached to the property)
Water Rights (Ditch Company, Number of Certificate Yield (cfs or acre/ft)
groundwater, etc.) ` Shares Number(s)
41/411111
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