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Home My WebLink About20070067.tiff ^-.4 er is ; :4'`' January 4, 2007 ki.::• c • "� `•". ` Sent Via Registered Mail TOWN OF ERIE r S7a 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 "Brownlee Annexation" for January 23, 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. 06-129: A Resolution Finding Substantial Compliance Of The Annexation Petition Regarding The Annexation And Zoning Of Certain Properties In Boulder County, Colorado To The Town Of Erie, Said Annexation To Be known As The Brownlee 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 December 13, 2006; December 20, 2006; December 27, 2006; and January 3, 2007. 4) Copy of the Impact Report with attached maps 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 V Truly Y ur�e N ncy J. er / Ate, Town Clerk Town of Erie, Colorado Enclosures cc: Town Attorney; Town Administrator; file I �L'• 001r /I-, 3 ) `�' ' � �� 645 Holhrook •P.O. Box 750•Erie,Colorado, 80516 •Phone(303)926-2700• Fax (303)926-2705 OF /s-p9 ©©�-eO&7 RESOLUTION NO. 06-129 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 BROWNLEE ANNEXATION. WHEREAS, a petition for annexation of certain properties has been filed with the Board of Trustees of the Town of Erie, Colorado by Robert D. Brownlee; 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: 1. 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, January 23, 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 12th day of December, 2006. TOWN OF ERIE By: /s/ Andrew J. Moore, Mayor ATTEST: /s/Nancy J. Parker, Town Clerk TO THE BOARD OF TRUSTEES OF THE TOWN OF ERIE. COLORADO. RE: Petition Known As: The Brownlee Property DATE: October 2006 I, Robert Brownlee. 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 Attached Legal Description in Exhibit A. 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 in Exhibit A 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($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+10611_?.dnc 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 undersigned is owner of one hundred percent of the area proposed to be annexed, exclusive of dedicated streets and alleys. and hereby petitions 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 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. This petition is conditioned upon the zoning classification for the area proposed to be annexed being approved for Regional Commercial, and conditioned upon a resolution satisfactory to the petitioner of the buffer issue pursuant to the Intergovernmental Agreement between the Town of Erie and Broomfield. i3i06ii_,2.doc 2 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. '. / `J �t�� c---"r— Date: �-�C r� `l C:'C' !� Owner •'=i ' . STATE OF COLORADO ) � } ss. COUNTY OF / ri`'`Cr"J ) r The f e oing instrument was acknowledged before me this L (1'1 day of � t 0% 2 ur 20 by 1\(A '� {1i4'r�(l�ItfCC. p �(/?` ��.,.-� My�.ornmission expires: Witness My hand and official seal. i - 41(4- _otary Pub(1_0.14jN c i l i Applicant TC Enterprises. LLC do Marathon Land Company 7887 E. Belleview Avenue, # 25 Englewood, CO 80111 f Date: 1u 2.y LA, 1310611 .duc 3 RECORD OF LAND OWNERSHIP AND DATE SIGNED Landowner/Petitioner Legal Description Mailing Address Date Signed of Land Owned Robert Brownlee The property described on Exhibit A c/o James Spehalski to this petition Marathon Land Company 7887 E. Belleview Ave Suite 825 Englewood, CO 80111 1310611_2.doc 4 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) Adair) ) s s. COUNTY OF Adai1'l : ) I. ,/{ ( j! ' 1::k.,))0.1.:-)k. E , being first duly sworn upon oath, deposes and says that(he or she) nvas the circulator of this Petition for Annexation of lands to the Town of Erie, Colorado, consisting of[ 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. _ -------- ___- .2,-7 --- k/____—( .-Circulator STATE OF COLORADO ) SS. COUNTY OF /lr�l1.ili; ) The foregoing instrument was acknowledged before me this '..�, day of_ C'(--1,.L I' 200t1'by l"...; .r • :v. .41(::1-',( . ff. My commission expires: c J!1%k - i Witness My hand and official seal. �' .! .7 Notary Pub1 • 1310611 .2.doc EXHIBIT"A" 1310611 2.doc 6 EXHIBIT A LEGAL DESCRIPTION; A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 1 NORTH, RANCE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE NO0'05'16"E, 75.00 FEET ALONG THE WEST LINE OF THE SOUTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE N89'38'37"W, 498.22 FEET ALONG THE NORTH RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 7; THENCE N00'06'16"E, 865.79 FEET ALONG THE EASTERLY LINE OF VISTA RIDGE MASTER PLAT PARCEL 34; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF RIDGE VIEW DRIVE THE FOLLOWING TWO COURSES: 1) 589'31'49"E, 551.15 FEET ; 2) 46.57 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC SUBTENDED BY A RADIUS CF 30.00 FEET, A CENTRAL ANGLE OF 88'57'03" AND A CHORD BEARING S45'03'17"E, 42.04 FEET; THENCE A.LCNG THE WESTERLY RIGHT OF WAY LINE OF SHERIDAN BOULEVARD THE FOLLOWING TWO COURSES: 1) 500'34'46"E, 804.80 FEET; 2) 47.51 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC SUBTENDED SY A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 90'55'52" AND A CHORD BEARING S44'53'10"W, 42.77 FEET; THENCE N89'38'54"W, 62.20 FEET ALONG THE NORTH RIGHT OF WAY OF COLORADO STATE HIGHWAY 7 TO THE POINT OF BEGINNING, CONTAINING 11.63 ACRES. EXISI77NG BROWNLEE S 1/2, SEC770N 33, T1N, R68W 67N P.M., WELD COUNTY COLORADO Iac*icM°k 1 7 OO' HURST k ASSOCIATES. INC n/rt.N/A CONSULTG7G ENGINEERS Num er BO 1100 NO INA desk BA.Itt out 12/O5/O5 ad*Gw.i IIC7 Pmt id-re nu G:\,21423\BROWNLEEIBRO`*NLEE LE.'•ALDwC su,cr or 2 • EXHIBIT A lJ RIDGE VIEW DRIVE 589'31'49"£ 551.75' L=46.57' / / 0=35 / / / '03'17-E CH=545 45 42.04' a 2 /// /2 0 711 ni to 11..I tri U 4 / 11.63 RES / m CD to CI lo // `A' P ... 57 PARCEL3 B t o U co � p '46733300068 �/ i' co //// / / / ////7 %/ L=4067' R=47.6 0 / !, , / ' / O=9055'52" // /��7"/ / ,/N/G�I / / CH 42.7710-W NB938'37"W 498.22' ,1 i N89'38154"W 75-00 62.20 STATE HIGHWAY 7 SOU 7/4 CORNER T EXIS77NG BROWNLEE /\ 0 200 ,�� S 1/2, SECTION 33, 7-11‘1, R68W v 6771 P.M., WELD COUNTY COLORADO _ 1 inch = 200 ft \ .�„��,,r-zoo HURST & ASSOCIATES. INC .. v N/A oo0/u+. CONSULTING ENGINEERS maw n BO 001 Nod 61 Crd•Y1.ICI oar 12/05/05 tat.G` . ® r 40-n nit G.\2IS23\9ROWNLEF\AROwNLEE LEGALOWG swco* 2 Or 2 NOTICE OF PUBLIC HEARING BOARD OF TRUSTEES TOWN OF ERIE Notice is hereby given that on January 23, 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 Robert D. Brownlee, 13315 Monroe Way, Thornton, 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: A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33,TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE N00°06'06"E,75.00 FEET ALONG THE WEST LINE OF THE SOUTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE N89°38'37"W,498.22 FEET ALONG THE NORTH RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 7; THENCE N00°06'16"E, 865.79 FEET ALONG THE EASTERLY LINE OF VISTA RIDGE MASTER PLAT PARCEL 34; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF RIDGE VIEW DRIVE THE FOLLOWING TWO COURSES: 1) 589°31'49"E, 551.15 FEET; 2) 46.57 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 88°57'03" AND A CHORD BEARING S45°03'17"E,42.04 FEET. THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SHERIDAN BOULEVARD THE FOLLOWING TWO COURSES: I) S00°34'46"E, 804.80 FEET; 2) 47.61 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET,A CENTRAL ANGLE OF 90°55'52" AND A CHORD BEARING S44°53'10"W,42.77 FEET; THENCE N89°38'54"W, 62.20 FEET ALONG THE NORTH RIGHT OF WAY OF COLORADO STATE HIGHWAY 7 TO THE POINT OF BEGINNING,CONTAINING 11.63 ACRES. 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: December 13, 2006; December 20, 2006; December 27, 2006; and January 3, 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 The Brownlee Annexation Owned by Robert D. Brownlee Prepared for the County of Weld, Colorado Town of Erie 645 Holbrook, PO Box 750 Erie, Colorado 80516 29 December 2006 1 of5 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 of5 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 11.63 acres located within Weld County, owned by Robert D. Brownlee. The property is proposed for zoning as Regional Commercial(RC)under the Town of Erie Unified Development Code. On January 23, 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 and A2, attached. Also shown on Exhibit A, 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. Both services are stubbed up to the site. The proposed annexation will not require the town to extend any municipal water or wastewater service lines. 2. Other Utilities Qwest Communications currently provides telephone service within the proposed annexation vicinity. No change in this service is proposed. United Power currently provides electric service and Xcel Energy currently provides natural gas services within the proposed annexation vicinity. No changes in these services are 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 adjacent to the annexation, with the exception of State Highway 7, 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. 4of5 V. Special Districts The proposed annexation area is encompassed within the following districts: • Mountain View Fire Protection District • St. Vrain Valley School District • Northern Colorado Water Conservancy District • Northern Colorado Water Conservancy District Subdistrict • Weld County Library District VI. 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Brownlee, 13315 Monroe Way, Thornton, CO 80241,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 Owner desires to annex to Erie 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 ofwhich petition is attached hereto as Exhibit "B," and incorporated herein and made a part hereof; and WHEREAS, Owner intends, upon annexation of the Property to Erie, to sell, transfer or otherwise convey all or a portion or portions ofthe Property to one or more developers(whether one or more, the "Developer") prior to development commencing on such conveyed portion(s) of the Property; 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 ofthe Town of Erie,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 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 RC (Regional Commercial) zoning, in accordance with the Unified Development Code(Ordinance 4-2006). The parties recognize that it is the intent and desire ofthe Owner to have the Property developed in a manner generally consistent with 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 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. II. ANNEXATION MASTER PLAN FOR PROPERTY.The 2005 Erie Comp ehensive Plan encompasses the entire Property. The"Three-Mile Plan"adopted by the Town complies with the requirements of C.R.S. 31-12-105 (1)(e). 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 request ofthe Town except that internal rights-of-way shall be dedicated at the time of subdivision platting, unless the Town specifies another time and except that such dedications may be delayed by Owner until Developer is the owner of the portion(s) of the Property to be dedicated. The Town and the Owner agree that such dedications are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. A. Roads And Utility Easements. The Owner or Developer, as the case maybe, shall dedicate right-of-way for all roads and utility easements to Erie. All utility easements, dedicated to Erie, shall be for the use and the benefit ofthe various entities furnishing utility services, i.e., electrical, telephone, gas, TV cable, water sewer. ALL UTILITIES WILL BE PLACED UNDERGROUND. IV. AVAILABILITY OF SERVICES. Erie 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 and sewer services. Owner acknowledges that Town services do not include, as of the date of the execution of this Agreement, fire protection or emergency medical services,but the Property is presently included within the boundaries of and is entitled to receive such services from the Mountain View Fire Protection District. V. WATER SERVICE. Water service to the Property shall be provided by the Town. If the Property is not already in the Northern Colorado Water Conservancy District 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 ofwater 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 development intended to occur within the Property and that no taking thereby will occur requiring any compensation. A. Extension of Water Services.The extension ofwater 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, 2 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 pumping facilities for future development of adjacent property. Owner or Developer, as the case may be, shall install at his sole cost and expense, all the water lines, fire hydrants and appurtenances within the Property. Water lines lying within the dedicated right-of-way shall be dedicated to Erie after construction. Any reimbursements to the Owner or Developer, as the case may be, for over sizing of water lines will be subject to a separate Development Agreement. B. Water Service Availability. This Annexation Agreement is a commitment to provide water service to the Property. However, Erie does not warrant the availability of water service to the Owner at a particular time for any phase of development. A determination of water service availability by Erie shall be made by a water system analysis at the time the Owner requests water taps. In the event that the Town determines that it has insufficient water service availability,no water taps shall be issued until such time as there is water service availability. C. Water Tap Fees.Water tap fees shall be the existing Town water tap fees at the time which the applicant requests water taps. Water tap fees shall be paid when a building permit for a structure is requested from the Town. D. Water Rights Dedication. Owner represents to the Town,to the current knowledge of Owner, that the tributary and non-tributary water rights listed on Exhibit "D", attached hereto and incorporated herein by this reference, constitute all of the water rights appurtenant to the subject property. In accordance 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 Weld 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 ofthe particular portion ofthe 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 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 by the Municipal Code,Title 8 are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. 3 A. Extension of Sewer Services.The extension of sewer mains or trunk lines shall be in accordance with the Municipal Code, Title 8. Owner or Developer, as the case may be, shall install at his sole cost and expense, all the sewer mains,trunk lines,sewer lift stations, and appurtenant facilities necessary to connect to the Town's system.These line extensions may include the oversizing of lines for future development of adjacent property. Owner or Developer, as the case may be, shall install at his sole cost and expense, all the sewer lines and appurtenances within the Property. Sewer lines lying within the dedicated right-of-way shall be dedicated to Erie after construction. Any reimbursements to the Owner or Developer, as the case may be, for over sizing of sewer lines, sewer lift stations and appurtenant facilities will be subject to a separate Development Agreement. B. Sewer Service Availability.Erie does not warrant the availability of sewer service to the Owner for any phase of development. A determination of sewer service availability by Erie shall be made by a sewer system analysis at the time the Owner requests sewer taps. In the event that the Town determines that it has insufficient sewer service availability, no sewer taps shall be issued until such time 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. 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 install in accordance with Town approved plans, certain public improvements including but not limited to streets, curb,gutter, sidewalks, storm sewer lines, storm drainage improvements, sanitary sewers, water lines,trails and park improvements within or adjacent to the Property. Owner or Developer, as the case may be,agrees to guarantee construction of all required improvements, and, if requested by Erie, to dedicate to Erie any or all other required improvements. Owner or Developer, as the case may be, agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the 4 Property. The construction of public improvements shall be subject to any reimbursement which may be provided for in the Development Agreement. X. EXCLUSIVITY OF ANNEXATION PETITION. 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 Erie. XI. SPECIAL PROVISIONS. Not applicable. XII. MISCELLANEOUS PROVISIONS. A. Interpretation. Nothing in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative, governmental,or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants, nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. B. Severability. If any part, section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Agreement. The parties hereby declare that they would have agreed to the Agreement including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid. C. Amendments to the Agreement.This Agreement maybe amended,at anytime,upon agreement of the parties hereto. 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. In addition, this Agreement may be amended by the Town and any Owner or Developer without the consent of any other Owner or Developer as long 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 precedent herein, this Agreement may be enforced in any court of competent jurisdiction. E. Indemnification. Owner or Developer, as the case maybe, agrees to indemnify and hold harmless the Town and the Town's officers,employees, agents,and contractors, 5 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 necessary or desirable by the Town in order to effectuate the annexation ofthe Property,or which are in any manner connected with Erie's enforcement of this Agreement. Owner or Developer, as the case may be, further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the Town's option to pay the attorney's fees for defense counsel of the Town's choice for, any such liability, claims, or demands. F. Termination.If the annexation ofthe Property is, for any reason,not completed then this Agreement shall be null and void and of no force and effect whatsoever. G. No Right or Remedy of Disconnection.No right or remedy of disconnection ofthe Property from the Town shall accrue from this Agreement, other than provided by applicable state laws. In the event the Property or any portion thereof is disconnected at Owner's or Developer's, as the case may be, request, the Town of Erie 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. H. Annexation and Zoning Subject to Legislative Discretion. The Owner acknowledges that the annexation and subsequent zoning ofthe Property are subject to the legislative discretion of the Board of Trustees of the Town of Erie. No assurances of annexation or zoning have been made or relied upon by the Owner. In the event that the Town of Erie Board of Trustees, in the 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 ofthe 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. J. Application of Town Policies.Upon annexation, all subsequent development ofthe 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, 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 6 parties agree that such amendments or revisions shall be binding upon Owner or Developer, as the case may be. L. Legal Fees. In the event that either party finds it necessary to retain an attorney in connection with a default by the other as to any of the provisions contained in this Agreement, the defaulting party shall pay the other's reasonable attorney's fees and costs incurred in enforcing the provisions of this Agreement. M. Reimbursement for Other Costs. The Owner or Developer, as the case may be, shall reimburse the Town for any third party costs necessary for the orderly and proper development ofthe Property,including but not limited to consultant's fees for planning and engineering, and attorney's fees for legal services beyond the normal document review, which is directly linked to the Property. N. Avigation Easements. Owner agrees to provide the Town with an executed avigation easement (which avigation agreement shall not be recorded until the Property is annexed to Erie)upon mayor's signature to this Annexation Agreement, which provides the Town of Erie an easement for the operation of aircraft to and from the Tri-County Airport, and which provides the residents of Parkland Estates,a Weld County Subdivision, an easement for the operation 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 maybe, 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. 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 ofthe Property and the other provisions of this Agreement. R. Compliance with State Law.The Owner or Developer, as the case maybe,and the Town shall comply with all applicable State law and regulations. S. Recording of Agreement. This Agreement shall be recorded in the records of the Weld County Clerk and Recorder. XIII. COMPLETE AGREEMENT. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications,representations, or agreements, either verbal or written,between the parties hereto. Except as provided herein there shall be no modifications of this Agreement except in writing, executed with the same 7 formalities as this instrument. Subject to the conditions precedent herein this Agreement may be enforced in any court of competent jurisdiction. By this acknowledgment, the undersigned hereby certify that the above Agreement is complete and true and entered into of their own free will and volition. OWNER Robert D. Brownlee Date STATE OF COLORADO ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_ day of , 2007 by Robert D. Brownlee. My commission expires: Witness My hand and official seal. Notary Public TOWN OF ERIE Andrew J. Moore, Mayor Date ATTEST: Nancy J. Parker, Town Clerk Date 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 8 EXHIBIT "A" Legal Description A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE N00°06'06"E, 75.00 FEET ALONG THE WEST LINE OF THE SOUTH- EAST QUARTER TO THE POINT OF BEGINNING; THENCE N89°38'37"W, 498.22 FEET ALONG THE NORTH RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY 7; THENCE N00°06'16"E, 865.79 FEET ALONG THE EASTERLY LINE OF VISTA RIDGE MASTER PLAT PARCEL 34; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF RIDGE VIEW DRIVE THE FOLLOWING TWO COURSES: 1) S89°31'49"E, 551.15 FEET; 2) 46.57 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 88°57'03" AND A CHORD BEARING S45°03'17"E,42.04 FEET. THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF SHERIDAN BOULEVARD THE FOLLOWING TWO COURSES: 1) S00°34'46"E, 804.80 FEET; 2) 47.61 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID ARC SUBTENDED BY A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 90°55'52" AND A CHORD BEARING S44°53'10"W, 42.77 FEET; THENCE N89°38'54"W, 62.20 FEET ALONG THE NORTH RIGHT OF WAY OF COLORADO STATE HIGHWAY 7 TO THE POINT OF BEGINNING, CONTAINING 11.63 ACRES. 9 EXHIBIT "B" (Attach a copy of the Annexation Petition) 10 EXHIBIT "C" (Attach the Annexation Ordinance) 11 EXHIBIT "D" Water Rights Appurtenant to Property. (Listing of all tributary and non-tributary water rights attached to the property) 12 Hello