HomeMy WebLinkAbout20070983.tiff From—Carbon Valley Community Church December 1. 2006
To the Department of Planning Services
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. Prior to the Board of County Commissioner hearing:
A. On-site signs:
Included herein are some possible sign configurations that will be decided upon by the Building
Committee for Carbon Valley Community Church and the Pm-School and the location to be at the
North West corner of the property.
Attachment includes
Signage configurations and
A survey plat map with the approximate location for the signs.
B. The maximum number of students for the Pre-School will be—30,and
the maximum number of teachers will be—6.
C. Storm water documentation.
I called David Bauer yesterday and left a message about this issue. We have not changed the
surface of the property, as far as the grade of the land,and so there would be no change in the
surface water flow. I have not heard back from him and do not know what will be required of us.
D. Agreement for annexation to Firestone.
I called Bruce Nickerson yesterday and talked with him about the required"signed and recorded
annexation agreement"between Carbon Valley Community Church and the City of Firestone. He
said that he would call you Kim. I hope the conversation was positive and acceptable to the
Planning Department.
Sincerely,
Rev. Jackson Sherw '
4957 Shenandoah Ave. Weld County Planning Department
Firestone, CO GREELEY OFFICE
80504
DEC 042006
303.684.6424
RECEWED
EXHIBIT
2007-0983
us2tt1574
From—Carbon Valley Community Church December 1,2006
To the Department of Planning Services
The Department of Planning Services' staff recommendation for approval is conditional upon the
following:
1. C. Storm water documentation
Just spoke with David Bauer about this concern. He said that I should explain that we
have added a parking area of approximately 8000 square feet with three inches of
recycled asphalt. The area was part driveway and parking area but the main area was
virgin soil and native vegetation.
This area represents approximately one fifth of an acre of the 15 acres.
Mr. Bauer said that he would call you Kim and confirm our conversation this afternoon at
about 1:20 p.m.
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4Ketit: MEMORANDUM
Yli`,P�. TO: Esther Gesick, Clerk to the Board
COLORADO DATE: March 9,2007
FROM: Kim Ogle, Planner
SUBJECT: New Hope Family Christian Church
Reverend Jackson B. Sherwood
USR-1574
The Department of Planning Services has been contacted on several occasions by Jackson B.
Sherwood who has expressed concern in meeting one of the Planning Commission imposed
conditions prior to scheduling the Board of County Commissioners hearing. Mr Jackson states
that Condition 1.D
"The applicant shall submit a copy of a signed and recorded annexation
agreement with the Town of Firestone to the Department of Planning Services."
has been under review by the Town in excess of six months with no progress made toward
procuring an Annexation Agreement. He therefore is wanting to move forward with his land use
application and hearing before the Board of County Commissioners.
1625 Broadway 119, noble
Suite 2000
Denver,Colorado 80202 energy
._ Tel: 303.228.4000 WELD COUNTY
Fax: 303.228.4280 COMMISSIONERS
April 17, 2007 2001 APR 18 A S 35
Board of County Commissioners RECEIVED
Weld County Centennial Center
915 10th Street, First Floor
Greeley,CO 80631
Re: New Hope Christian Church, Rev. Jackson Sherwood-Applicant
Township 2 North, Range 67 West,6th P.M.
Section 28:N2/NW/4
Weld county, Colorado
Ladies and Gentlemen:
Under a Development Application Referral dated April 6, 2007 the Board of County Commissioners contacted
Noble Energy Production, Inc. ("Noble") regarding an Application for a Site Specific Development Plan and Use
by Special Review of the captioned property ("Property"). Noble owns oil and gas leasehold covering the NW/4
of Sec. 28 and operates the Reisman V 28-3, 4, and 19 oil and gas wells (the "Wells") and associated pipelines
located on the Property. Noble is very concerned about the impact the proposed development will have on Noble's
ability to produce. operate and maintain the Wells, pipelines and access roads on the Property. Noble has not had
direct discussion with representatives of New Hope Christian Church (the "Owner") relative to this proposal. To
date, no agreement has been finalized and Noble has received no written confirmation from the Owner that
Noble's real property rights to use a reasonable portion of the surface for oil and gas operations and development
are being preserved.
Noble requests assurance from Weld County that the proposed development will not preclude Noble from
producing, operating, drilling and maintaining its Wells, related pipeline and access roads. Until this matter is
resolved by agreement with the Owners,Noble is not waiving its rights as a leasehold owner. Any approval of the
proposed development should be conditioned upon the preservation of Noble's real property rights that allow it to
make reasonable use of the surface of the lands for oil and gas development and operations.
Noble requests that these comments be entered into the record for the proposed development and that we continue
to be provided with advance notice of all other hearings affecting the Property. If you have any questions, please
feel free to contact the undersigned at(303)228-4020.
Sincerely,
NO RGY PRODUCTION, INC.
"Barry"Myhr
Spec al Projects Coordinator
cc: New Hope Christian Church, Rev. Jackson Sherwood, 4951 Shenandoah Ave:, Firestone, CO 80504
[4. EXFIBIT
ius/2-01599
Township 2 North, Range 67 West, 6`" P.M.
Section 28: N/2NW/4
Weld County, Colorado
New Hope Christian Church
Rev. Jackson Sherwood,Applicant
NW/4
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BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 15, 2007 THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS
POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR_SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL
REVIEW PERMIT FOR A CHURCH, CHILDCARE CENTER AND PRIVATE SCHOOL IN THE
A (AGRICULTURAL) ZONE DISTRICT.
KIM OGLE
Name of Person Posting Sign
Signat of Person Posting Sign
STATE OF COLORADO
) ss.
COUNTY OF WELD ) l 22
The foregoing instrument was subscribed and sworn to me this(�1.3 day of poi,t, , 2007.
WITNESS my hand and official seal.
httta i( t)//) /-WAil-,7), 4ea
Notary Public / BILLIE J. MOORE
NOTARY PUBLIC
] STATE OF COLORADO
My Commission Expires: /l3/4
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Bro1625 Suite
20ay y�.� noble
Suite 2000
Denver,Colorado 80202 energy WELD COUNTY
Tel: 303.228.4000
'ax: 303.228.4280 COMMISSIONERS
April 23, 2007 2001 APR 25 A 15I
Board of County Commissioners RECEIVED
Weld County Centennial Center
915 10th Street, First Floor
Greeley,CO 80631
Re: New Hope Christian Church, Rev. Jackson Sherwood-Applicant
Township 2 North, Range 67 West,6th P.M.
Section 28: N2iN W i4
Weld County, Colorado
Ladies and Gentlement:
The purpose of this letter is to inform you that Noble Energy Inc. ("Noble"), after further review of New Hope
Christian Church's application for a Site Specific Development Plan and Special Review Permit;Noble fully
acknowledges and holds no protest to New Hope Christian Church's application.
If you have any questions. please feel free to contact the undersigned at (303) 228-4020. Thank you for your
cooperation and consideration.
Sincerely,
NOBLE E ' PRODUCTION, INC.
arry" Myhr
Sp ci Projects Coordinator
cc: New Hope Christian Church, Rev. Jackson Sherwood,4951 Shenandoah Ave., Firestone, CO 80504
Exuma,
tstk it-1614
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AGREtIENT TO ANNEX
This Agreement to Annex is made and entered into this day of 2007,
by and between CARBON VALLEY MINISTRIES,aka NEW HOPE FAMILY CHRISTIAN CHURCH,
hereinafter referred to as"Owner",and the TOWN OF FIRESTONE,a municipal corporation of the State
of Colorado,hereinafter referred to as"Firestone"or"Town".
WITNESSETH:
WHEREAS,Owner is owner of certain real property located in Weld County, Colorado,with a street
address of 8076 Weld County Road 18,and more particularly described and depicted on Exhibit"A"
attached hereto and incorporated herein by reference(such property is hereinafter referred to as"the
Property");and
WHEREAS the Property is located within the Urban Growth Area of the Town,as identified in the Interim
Coordinated Planning Agreement among Weld County,the City of Dacono and the Towns of Firestone and
Frederick(the"ICPA");and
WHEREAS, Owner has submitted to Weld County an application for approval of a special use permit for a
Church, Childcare Center and Private School to be located on the Property under Weld County Case No.
USR-1574,and which application is for a development currently identified as the New Hope Family
Christian Church;and
WHEREAS,the proposed development constituted Urban Development under the ICPA and,as a condition
of any such approval and pursuant to the ICPA,the Owner is obligated to execute an Agreement to Annex
with the Town: and
WHEREAS,the parties by this Agreement to Annex desire to set forth their understanding with respect to
annexation of the Property to the Town,the potential development of the Property within the County, and
related matters: and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement to Annex
NOW,THEREFORE,IN CONSIDERATION OF THE ABOVE PREMISES AND THE
COVENANTS AS HEREINAFTER SET FORTH,IT IS AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recital into this
Agreement to Annex.
2. An appeal to the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA)will be
invoked by the Owner where and when it is determined to be in the best interest of the Owner
3. If because of unforeseen circumstances the Town has not annexed and allowed development of
the land adjacent to the west and including the Owner's property within five(5)years of the
signing of this Agreement to Annex,the Agreement to Annex will be declared null and void.
4. Should the Agreement to Annex become null and void,and the Owner should seek to expand the
Church,Childcare Center,and/or Private School,the building/expansion will be with Weld
County alone.
5. Purpose. The purpose of the Agreement to Annex is to set forth certain terms and conditions
with respect to annexation of the Property to the Town.Except as expressly provided for herein to
EXHIBIT
US?. )5'7c'
the contrary, all terms and conditions herein are in addition to any and all requirements concerning
annexation and development contained in the Town of Firestone Municipal Code, Access Code,
Development Regulations,and Comprehensive Plan,and the Municipal Annexation Act of 1965,
as amended,C.R.S. 31-12-101 et seq.
6. Annexation. Owner shall apply for and consent to the annexation of the Property to the Town
when requested in writing by the Town Board, so long as the Property is eligible for annexation to
the Town.The Owner will also sign an annexation petition,or a petition for annexation election,
when requested by the Town Board,and will vote for annexation to the Town if an annexation
election relating to the Property is held At the time of annexation,the Town and Owner agree to a
zone district designation that will permit religious and educational uses on the Property.
7. Property to be Annexed.The Property the Owner shall annex to the Town pursuant to this
Agreement to Annex is the Property described on Exhibit A,attached hereto and incorporated
herein by the reference, or such portion there of as the Town may request. To facilitate any
requested annexation of a portion of the Property,Owner hereby consents to the division of the
Property for annexation purposes only,to the extent such consent is required by C.R.S. 31-12-
105O).
8. Failure to Annex. This provision is a direct contradiction of the Church's Constitution and By-
Laws therefore it will not be incorporated into the Agreement to Annex.
9. Development Standards and Conditions. The Owner agrees that development of the Property in
accordance with Weld County Case No. USR-1574 shall comply with the land use and
development standards and conditions set forth in Exhibit B,attached hereto and incorporated
herein by reference. The Owner further agrees that compliance with such standards is a material
consideration of the Agreement to Annex and that the Town may at its discretion bring an action
at law or equity, including an action for specific performance,to enforce compliance with such
standards.In addition to the annexation provisions set forth above,Owner agrees that the Town
may also require annexation of all or any portion of the Property at any time in the event the
Property or a portion thereof is used for purposes other than a Church, Childcare Center and
Private School, or if the Property or any portion thereof,as developed or used,is not in
compliance with the land use and development standards and conditions set forth in Exhibit B.
10. Obligations Enforceable. The parties agree that this Agreement to Annex,pursuant to C.R.S.
31-12-121,constitutes an enforceable obligation upon the Owner,their successors,heirs,and
assigns to annex the Property to the Town under the terms hereof.
11. Annexation Documents. When requested by the Town,Owner shall provide a legal description,
annexation petition,annexation maps,surveys,newspaper publications,and other reports and
documents determined by Firestone to be necessary,to accomplish the annexation of the Property
to the Town.The cost of such"documents" shall not exceed$500.Firestone shall prepare the
annexation impact report.
12. Plat Note. Owner shall include on any subdivision plat or other development plan for the Property
a note stating as follow: "The property described herein is subject to that certain Agreement to
Annex, which will expire five(5)years from its signing,regarding annexation to the Town of
Firestone which is recorded at Reception No. in the records of the Weld
County Clerk and Recorder. Such an Agreement to Annex provides that the property described
herein may be annexed to the Town of Firestone and that the Property must comply with the land
use and development standards stated therein."
13. Legislative Discretion. The Owner acknowledges that annexation of the Property is subject to the
legislative discretion of the Board of Trustees of the Town of Firestone.Nothing in this
Agreement to Annex is intended or chaU be construed to require the Town to annex the Property
or to initiate any annexation pia-Pei-hugs relating to the Property. Should such become the case
this Agreement to Annex will become null and void within five(5)years of its signing.
14. No Other Annexation. As long as the Agreement to Annex is in force with the Town, the Owner
will not seek to annex to another municipality.
15. Subdivision Approval. This Agreement to Annex shall be null and void in the event Owner does
not obtain and Weld County does not record final special use approvals permitting the
development of a Church,Childcare Center and Private School.
16. Covenants to Run with Land/Binding Effect. This Agreement to Annex and all covenants herein
touch and concern the real property described in Exhibit A and shall be covenants running with
the land This Agreement to Annex shall be binding upon and inure to the benefit of the Owner
and the Town,and their respective heirs,transferees, successors,and assigns. This Agreement to
Annex shall be recorded with the County Clerk of Weld County, Colorado, at the Owner's
expense.
17. No Repeal of Laws. Nothing contained in this Agreement to Annex shall constitute or be
interpreted as a repeal of the Town's ordinances or resolution, 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.
18. Severability. The parties agree that if any part,term,portion,or provision of this Agreement to
Annex is held by a court of competent jurisdiction to be illegal or in conflict with any law of the
State of Colorado,the validity of the remaining parts,terms,portions,or provisions shall not be
affected,and the rights and obligations of the parties shall be construed and enforced as if the
Agreement to Annex did not contain the particular part,term,portion,or provision held to be
invalid.
19. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing
the terms,conditions, and provisions of the Agreement to Annex,and will execute such additional
documents as necessary to effectuate the same.
20. Amendment This Agreement to Annex may be amended only by mutual agreement of the Town
and Owner. Such amendments shall be in writing,shall be recorded with the County Clerk of
Weld County, Colorado, shall be covenants running with the land,and shall be binding upon all
persons or entities having an interest in the Property subject to the amendment unless otherwise
specified in the amendment.
21. Entire Agreement. This Agreement to Annex embodies the entire agreement of the parties. There
are no promises,terms,or obligations other than those contained herein, and the Agreement to
Annex supersedes all previous communications,representations,or agreement,either verbal or
written,between the parties.
22. Owner. As used in the Agreement to Annex,the term"Owner"chap include any of the heirs,
successors, transferees or assigns of Owner,which include,but are not specifically limited to,
owners of individual lots within the proposed subdivision of the Property. All such parties shall
have the right to enforce this Agreement to Annex and shall be subject to the terms of the
Agreement to Annex as if they were the original parties thereto
23. Amendments to Law. Any reference to any provision of any Town ordinance,resolution,
regulation, or policy is intended to refer to the amendments or revisions to such Town ordinance,
resolution,regulation,or policy existent at the time of the signing of Agreement to Annex.
24. Notice. All notices required under this Agreement to Annex shall be in writing and chall be hand
delivered or sent by facsimile transmission or registered or certified mail return receipt requested,
postage prepaid,to the addresses of the parties herein set forth. All notices by hand delivery shall
be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt.
All notices by mail shall be considered effective seventy-two(72)hours after deposit in the United
States mail with the proper address as set forth below.Either party by notice so given may change
the address to which future notices shall be sent.
Notice to Town: Town of Firestone
P.O/Box 100
Firestone, CO 80520
With copy to: Light,Harrington&Dawes,P.C.
1512 Larimer Street,#300
Denver,CO 80202
Notice to Owner: Carbon Valley Community Church
8076 WCR 18
Ft.Lupton, CO 80621
With copy to: Rev. Jarkcon Sherwood
4951 Shenandoah Avenue
Firestone,CO 80504
25. Governing Law. The laws of the State of Colorado cha4 govern the validity,performance,and
enforcement pf fhis Agreement to Annex. Should either patty institute legal suit or action for
enforcement of any obligation contained herein,it is agreed that the venue of such suit or action
shall be in Weld County,Colorado.
26. Headings. The paragraph headings in this Agreement to Annex shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
IN WITNESS WHEREOF,the parties have executed this Agreement to Annex as of the date first set
forth above.
TOWN OF FIRESTONE
By:
Michael P. Simone, Mayor
ATTEST:
Judy Hegwood, Town Clerk
OWNER
. ACKNOWLEDGEMENT
STATE OF COLORADO )
i' )ss
COUNTY OF )
The above and foregoing signature of was subscribed and
sworn to before me this day of , , 2007.
Witness my hand and official seal.
My commission expires on:
(SEAL) •
6
EXHIBIT A
Legal Description
Lot A Recorded Exemption RE-4300,County of Weld, State of Colorado
•
EXHIBIT B
Land Use and Development Standards and Conditions
The following land use and development standards shall apply to any development of the Property
described in Exhibit A:
1. Land ncPs chalk be limited to existing agricultural uses,one single family residence,and a Church,
Childcare Center and Private School uses. A maximum of an additional 8,000 square feet is
permitted to be constructed prior to annexation for the noted Church,Childcare Center and Private
School.
2. The Owner acknowledges and agrees that the development to be undertaken in accordance with
Weld County Case No.USR-1574 will create an increase in the number of vehicles utilizing Grant
Avenue(Road 18)and Ingalls Street(Road 17),which are public roadways owned and maintained
by the Town.Therefore, Owner agrees to reimburse the Town for dust control on Grant Avenue
(Road 18)and Ingalls Street(Road 17)as determined nernccary by the Town,up to a minimum of
$500 per year.No such reimbursement shall be required until a certificate or certificates of
occupancy are issued for at least 8,000 square feet of new Church, Childcare Center,and/or
Private School.
3, At the time of any annexation by the Town,the water taps for the area to be annexed shall be
transferred to the Town,and the ownership or beneficial use of any water rights for such taps shall
also be transferred to the Town.It is a condition of Town water service that there be dedicated to
the Town water rights sufficient to satisfy the development demands upon the town water system.
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AGREEMENT
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THIS AGREEMENT 's made and entered into this day of 2007,
by and between CARBON V LEY MINIS I RIES hereinafter referred to as "Owner," and the
TOWN OF FIRESTONE, a municipal corporation of the State of Colorado, hereinafter referred to as
"Firestone" or"Town".
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Weld County, Colorado,
with a street address of 8076 Weld County Road 18, and more particularly described and depicted on
Exhibit "A" attached hereto and incorporated herein by reference (such property is hereinafter referred
to as"the Property"); and
WHEREAS, the Property is located within the Urban Growth Area of the Town, as identified
in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono and the
Towns of Firestone and Frederick(the"ICPA"); and
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WHEREAS, Oyuie-has submitted to Weld County an application for approval of a special
use permit for a churchiamilotthsol to be located on the Property under Weld County Case No. USR-
1574, and which application is for a development currently identified as the New Hope Family
Christian Church; and
WHEREAS, the proposed development constitutes Urban Development under the ICPA and,
as a condition of any such approval and pursuant to the ICPA, the Owner is obligated to execute an
ava � nt with the Town; and
retreeu, ot '/� to /R : Yr
WHEREAS, the parties by this agreement desire to set forth their understanding with respect
to annexation of the Property to the Town, the potential development of the Property within the
County, and related matters; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement. to 4 v,O6-__
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN
THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
EXHIBIT
1 I K
•
2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions
with respect to annexation of the Property to the Town. Except as expressly provided for herein to the
contrary, all terms and conditions herein are in addition to any and all requirements concerning
annexation and development contained in the Town of Firestone Municipal Code, Access Code,
Development Regulations, and Comprehensive Plan, and the Municipal Annexation Act of 1965, as
amended, C.R.S. § 31-12-101 et seq. Flac chair
, eaExests_cnhaemingannexation_oftProperty.to-theas,Tawsr-•er the-provi . of
,ipal.seradcac.tectrhtPrerptty. JAA r
3. Annexation. Owner shall apply for and consent to thtannexation of the Property to ' a<y•r
the Town when requested in writing by the Town Board, so long as the Property is eligible for 1104
annexation to the Town. The Owner will also sign an arcetiesa petition, or a petition forien ;
election, when requested by the Town Board, and will vote for annexation to the Town if an
annexation election relating to the Property is held. At the time of annexation, the Town and Owner
agree to expasicler a zone district designation that will permit religious and educational uses on the
Property.
4. Property to be Annexed. The Property the Owner shall annex to the Town pursuant to
this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein by
reference, or such portion thereof as the Town may request. To facilitate any requested annexation of
a portion of the Property, Owner hereby consents to the division of the Property for annexation
purposes only, to the extent such consent is required by C.R.S. § 31-12-105(1). 93,,statte
5. Failure to Annex; Appointment of Attorney-in-Fact. In the event Owner fails to annex
the Property to the Town as required..by this Agreement, the Town may a i ole option and without
otherwise limiting its legal rights bring an action at law or equity„ includmg an action for specific
performance, t nforce Owner's obligations hereunder. Further, Owner, for themselves, their
successors, transferee , irs, and assigns hereby tftevocab appoint t -Town Administrator of 'me''
Firestone-as-9vmer°s_lawfirta�ofaeyk-fkt for the purpose.,,af-signing any annexation petition or
petition for annexation election, for voting i y`inr`t ron`etection, and-for-executing any and all
other documents determined by the Town to•be cc try fo -annexation of the Property to the Town.
The Town Administrator shall ile the pow r this appointment only upon written request
of the Town Board, y if the Owner r ccessors, transferees, heirs and assigns have not
signed a petiti r annexation wit�l i -tlu (30) ys er receipt of a written request made pursuant
to Pa—wrap 3. Thi&power
rin—e—poismiaethlyastatatie.
6. Development Standards and Conditions. The Owner agrees that development of the
Property in accordance with Weld County Case No. USR-1574 shall comply with the land use and
development standards and conditions set forth in Exhibit B, attached hereto and incorporated herein
2
by reference, aid �a�x — — � ty shall be request #.of
rpe.,,Couety..uplez theilaynert...has part,uned for l denied zatrexation by-the-Town The Owner
further agrees that compliance with such standards is a material consideration of this Agreement and
that the Town may at is sole option, and without otherwise limiting its legal rights, bring an action at
law or equity, including an action for specific performance, to enforce compliance with such standards.
In addition to the annexation provisions set forth above, Owner agrees that the Town may also require
.annexation of all or any portion of the Property at any time in the event the Property or a portion
thereof is used for purposes other than a church&nd-Sasakor if the Property or any portion thereof,
as developed or used, is not in compliance—with thetetd.use and development standards and conditions
set forth in Exhibit B. -""' L,/dca re CQ-t4, cc ?- ✓ ;tea.-41
7. Obligations Enforceable. The parties agree that this Agreement, pursuant to C.R.S. §
31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs, and assigns
to annex the Property to the Town under the terms hereof.
8. Annexation Documents. When requested by the Town, Owner shall provide ate
ecteetc a legal description, annexation petition, annexation maps, surveys, newspaper publications,
and other reports and documents determined by Firestone to be necessary to accomplish the
annexation of the Property to the Town., Firestone shall prepare the annexation impact report.
9. Plat Note. Owner shall include on any subdivision plat or other development plan for
the Property a note stating as follows: "The property described herein is subject to that certain
Agreement regarding annexation to the Town of Firestone which is recorded at Reception No.
in the records of the Weld County Clerk and Recorder. Such Agreement
provides that the property described herein may be annexed to the Town of Firestone and that the
Property must comply with the land use and development standards stated therein." ; { q l, /l,, <' (
10. Legislative Discretion. The Owner acknowledges that annexation of the Property is
subject to the legislative discretion of the Board of Trustees of the Town of Firestone. Nothing in this
Agreement is intended or shall be construed to require the Town to annex the Property or to initiate
any annexation proceedings relating to the Property.
11. No- acatton` Under no circumstances sh the Ps 13e-annexed to
another rifunicipafity=withottlie prior wnttenepnsein-of the-Town�Board-e Trustees,-wlae ay be
granted or denied in the sole and absolute discretion of the Town. 1°,ax",4,-u
12. Subdivision Approval. This Agreement shall be null and void in the event Owner does
not obtain and Weld County does not record final special use approvals permitting the development of
a church and ch far ren eeProperty.04.4 Cie pro yrCat
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13 Covenants to Run with LandBinding Effect. This Agreement and all covenants herein
touch and concern the real property described in Exhibit A and shall be covenants running with the
land. This Agreement shall be binding upon and inure to the benefit of the Owner and the Town, and
their respective heirs, transferees, successors, and assi 's Agreement shall be recorded with the
County Clerk of Weld County, Colorado, at Owner`s ex en _e,e Cr
14. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative,
governmental, or police powers to promote and protect the health, safety, and welfare of the Town and
its inhabitants.
15. Severability. The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the
State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, portion, or provision held to be invalid.
16. Future Cooperation. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement and will execute such additional
documents as necessary to effectuate the same. "-GU
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17. Amendment. This Agreement may be amended only by mutual agreement of the Town
and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk of Weld
County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or
entities having an interest in the Property subject to the amendment unless otherwise specified in the
amendment.
18. Entire Agreement. This Agreement embodies the entire agreement of the parties.
There are no promises, terms, or obligations other than those contained herein, and this Agreement k", 4rtr t.
supersedes all previous communications, representations, or agreements, either verbal or written,
between the parties.
19. Owner. As used in this Agreement, the term "Owner" shall include any of the heirs,
successors, transferees or assigns of Owner, which include, but are not specifically limited to, owners
of individual lots within the proposed subdivision of the Property. All such parties shall have the right
to enforce this Agreement and shall be subject to the terms of this Agreement as if they were the
original parties thereto.
20. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution, regulation, or
policy is intended to refer to subsequ. 1t a rt.,ndi«ans-or re iisionrto-such Towrrordinance,
tik e K l t Ctwt esk-Art y" A^. V f u 1.5 1 tun ( 7 MO.,.. Q me//
4
resolution, regulation, or policy, and-the-parties-a&ee-such=atnend—ments-er-revisit1i shall=be binding
upt*0wner.
21. Notice. All notices required under this Agreement shall be in writing and shall be hand-
delivered or sent by facsimile transmission or registered or certified mail, return receipt requested,
postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be
effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All
notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States
mail with the proper address as set forth below. Either party by notice so given may change the
address to which future notices shall be sent.
Notice to Town: Town of Firestone
P.O. Box 100
Firestone, CO 80520
With copy to: Light, Harrington& Dawes, P.C.
1512 Larimer Street, #300
Denver, CO 80202
Notice to Owner: Carbon Valley Community Church
8076 Weld County Road 18
Firestone, CO 80520
With copy to: Pastor Jackson Sherwood
4951 Shenandoah Avenue
Firestone, CO 80520
22. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action for
enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall
be in Weld County, Colorado.
23. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set
forth above.
5
TOWN OF FIRESTONE
By:
Michael P. Simone, Mayor
ATTEST:
Judy Hegwood, Town Clerk
OWNER
ACKNOWLEDGEMENT
STATE OF COLORADO
)ss
COUNTY OF
The above and foregoing signature of was subscribed and
sworn to before me this day of , 2007.
Witness my hand and official seal.
My commission expires on.
(SEAL)
6
EXHIBIT A
Legal Description
Lot A Recorded Exemption RE-4300, County of Weld, State of Colorado
7
EXHIBIT B
Land Use and Development Standards and Conditions
The following land use and development standards shall apply to any development of the Property
described in Exhibit A:
1 Land uses shall be limited to existing agricultural uses, one single family residence, and
church and church schoolsuses. A maximum of additional of 8,000 square feet is permitted
to be constructed prior to annexation for the noted church and schoolcuses.
Prey.A SrJ
2. The Owner acknowledges and agrees that the development to be undertaken in accordance
with Weld County Case No. USR-1574 will create a substantial increase in the number of
�� + vehicles utilizing Grant Avenue (Road 18) and Ingallas Street (Road 17), which are public
roadway ned an main ine the Town. Therefore, Owner agrees to reimburse the
Twrt r dus contro on rant Avenue and Ingalls Street as determined necessary by the
Town, up to maximum of$500 per year. o such reimbursement shall be required until a
certificate or cern cates o occupancy are issuedfor at least 3,500 square feet O11411tP7 church
ar=sthwhfgteilzisies. .,4.e
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3. At the time of any annexation by the Town, the water taps for the area to be annexed shall
t o tinsferred tc the Town, and the ownership or beneficial use of any water rights for such
Laps`shal also be rans erre he Town. It is a condition of Town water service that there
be dedicated to the Town ater rights sufficient to satisfy the demands upon the Town
water system.
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