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Home My WebLink About20070331.tiff ""�: ; 4, �",- January 26, 2007 Sent Via Registered Mail TOWN OF ERIE 1874 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 "Sunset 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. 07-03: 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 The Sunset 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 Very ruly Yours, Na cy J. P To n Cl Very Town of Erie, Colorado Enclosures cc: Town Attorney; Town Administrator; file puc&Lic /'Ir-)1aJ 04I laGSer(vl 645 Holbrook• P.O. Box 750•Erie,Colorado, 80516 •Phone(303)926-2700•Fax (303)926-; 2007-0331 002 -O 5--e7 RESOLUTION NO. 07-03 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 SUNSET ANNEXATION. WHEREAS, a petition for annexation of certain properties has been filed with the Board of Trustees of the Town of Erie, Colorado by FS Erie Estates LLC; 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 1T 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, 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 91h day of January, 2007. TOWN/OVERlE Andrew .1. Mborc. Mayor ATTEST: J. 1 rk , Town Clerk ' • '' �� 4k• .' TO: THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO. RE: Petition Known As: SUNSET, FS Erie Estates LLC DATE: I, Stephen.1. Foley and Robert C. Swenson managers of FS Erie Estates LLC,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 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 20,TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 20, WHENCE THE SOUTH QUARTER CORNER THEREOF BEARS S00°12'01"E, A DISTANCE OF 2641.76 FEET; THENCE N89°05'11"E, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 2607.96 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 5; THENCE S00°06'20"E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2625.20 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 6; THENCE S89°22'52"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 2603.49 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE N00°12'01'W, ALONG SAID WEST LINE, A DISTANCE OF 2611.76 FEET TO THE POINT OF BEGINNING. CONTAINING 6,822,618 SQUARE FEET OR 156.626 ACRES MORE OR LESS. 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-sbcth 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. 1 d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Erie. a 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 exreec of two hundred thousand dollars($200,000.00)for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of 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. lc 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 sheet 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; 2 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. The zoning classilkcition requested for the area proposed to be annexed is LR Low-Density Residential. 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. FS Erie Estates, LLC.Owner. (SA j-f Date: /Q/a !/o 6 lelir Steppe Foley q Owner. A `—r^ (,..,-u f •-%. Date: `/4%6 Robert C. Swenson STATE OF COLORADO ) ) SS. COUNTY OFl ) The foregoing instrument was acknowledged before me this �- C LxY,day of cSiF' 20LQ,by c' pktvJ. . d.[y 4 I ?Viol tztoest My commission expires: IC Rio l p61C:0 uin,y,, -------- ____Witness My hand and official seal. A NE NR y ,, otary Public < Oft' "• (lit `S ATE 3 RECORD OF LAND OWNERSHIP AND DATE SIGNED Landowner/Petitioner Legal Description Mailing Address Date Signed of Land Owned FS Erie Estates, LLC 6321 South Newport Circle Exhibit A Englewood, CO 80111 Stephen J. Foley Manager o 6321 South Newport Circle q—Z(7 Englewood, CO 80111 Robert C. Swenson G Manager l —2� —OL0 PO Box 403 Erie, CO 80516 4 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO " ) ss. COUNTY OF pct'"1 t4A . ) Yvonne Seaman, being first duly sworn upon oath, deposes and says that she was the circulator of this Petition for Annexation of lands to the Town of Erie, Colorado,consisting of six[6] 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. 1A.C- Circulator STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged before me this /U day of , C by (pifran Ai-SLa,ww.o. My commission expires: 1'.104 Witness My hand and official seal. ```�,„a,""""',,,,, , .� y'l oA .cNRY rt=cc:, AO_ o 5 EXHIBIT'A' A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 20, WHENCE THE SOUTH QUARTER CORNER THEREOF BEARS S00°12'01"E, A DISTANCE OF 2641/6 FEET; THENCE N89°05'11"E, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 2607.96 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 5; THENCE S00°06'20"E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2625.20 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 6; THENCE S89°22'52"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 2603.49 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE N00°12'01"W, ALONG SAID WEST LINE, A DISTANCE OF 2611.76 FEET TO THE POINT OF BEGINNING. CONTAINING 6,822,618 SQUARE FEET OR 156.626 ACRES MORE OR LESS. 6 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 FS Erie Estates, LLC, Stephen J. Foley and Robert C. Swenson, 6321 S. Newport Circle, Englewood, Colorado, 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 SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 20, WHENCE THE SOUTH QUARTER CORNER THEREOF BEARS S00°12'01"E, A DISTANCE OF 2,641.76 FEET; THENCE N89°05'1 1"E,"E,ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OS AID SECTION 20, A DISTANCE OF 2,607.96 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 5; THENCE S00°06'20"E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 2,625.20 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 6; THENCE S89°22'52"W,ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 2,603.49 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE N00°12'01"W, ALONG SAID WEST LINE, A DISTANCEE OF 2,611.76 FEET TO THE POINT OF BEGINNING. CONTAINING 6,822,618 SQUARE FEET OF 156.626 ACRES 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 FS Erie Estates, LLC Stephen J. Foley And Robert C. Swenson 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 156.626 acres located within Weld County, owned by FS Erie Estates, LLC. 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 two hundred thirty (230). 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 connections are located at WCR 8 and WCR 5, and related water system pressure improvements are required. Sanitary Sewer Service connections are located at the Coal Creek interceptor. 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 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 WAPA electric transmission line that crosses the site may be relocated, as part of the development. 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. 4 of 5 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. 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 • Boulder Valley Conservation VI. School District Impact The proposed project's impact on the St. Vrain Valley School District, RE 1-J, in terms of the number of students to be generated by the project if full development occurs, is as follows: • Elementary School 69 students • Middle School 37 students • High School 39 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 1 r, i m I i r x f; II lil 1g4II9g1 Nil .sks. 44 L 1 -- i!1 gliKti ' b era g s X WN * "g! rli* 1 1 I th I i l'i I T T �"nb$ u° J l'il hill dli3 b� 1 Lit;Lli J eta t 3 W g I i IL. 1 � ? _"I g 0 w Z - �, FuaoN s b g N Q Sill 11 ns $d =s al 0 Z(% 0- I Will Wtea ' .� ; i %l NU O J W W s {awa uwwo - - I L_ N^ .0rge9e 3.0Z.saass �, W Rl �f - 1 i / I; a i,;1r Q 2 did 1� t" / / >< hWl'- dfitii lei id ji 1 ' i W W cb O ;Mild I / / MiM Z iill / / / / gz CC :18 glif / / .i__________________Tht: / ., ICC 94o W3 w / / I Ise i- Al 1 / / I i i s; a rill $ / / :pia W 1 Inv g- /// 11 :I� a ig / W / / II M II lii MEE y5 g- I I , s gggggg 8 I I K n v .\ / l gggggg �I� // IggYg44ftg 1 ; / I' / / sr,IYL il z. / s w�a sn ..A�{0`Z{1)0!/ ,,��aa` R 7---- dd13:01 �F Lj jq I RaRi:1 vit WI il E 'i��l � " 8 '`R' 7 g l" ! -dsid z a a=z ye d z ir TOWN OF ERIE COMPREHENSIVE PLAN Land Use Plan �� / l� — WCR If i --•mi.r4" �Y J -'1- b I VIWOT RD M IS s. .. .__. I- �? ""P ,,. ,--,.. ,.. - .:- . , "" Frederick 1 , , _ ....„„,-----\ Fit f ,...: , 1: lir hri I' irstf;41/4. ...i/ Lookout RD M V M • • e0 J : II is • mikr/ _1M a— _.1_ M /i \,; \ I -, 1 a !DIIIII IWi!lf"..1S. ' -4114141 .. - iiii �era > i 1• "1 =1 1� l ._ M ,,, I i �i�r -"� I ■R 3�. '. jI�%i • I )` w ac0no i I •A Ali n... ts Ital. L .., ?1 F t i 4_.. 1 •:'i! sy , 1 C''': 1 �••• T V iwitor , i . 1 1 L. ua M I �1 ., _._. T .t Ih., iili��. / r l rears 1/41- Ma . 1 ,i I 1 ,4 , , i lit 97. x �` ► I <<(, ( �n3 ::.g ✓ ;r Broomfield -f . ,. I. F r1; mac. .II N., 4' -� I� L.4 ` � xM�• 1l »4.( I 'vta(rayette f ,7,r �qD L I.] - wan COUNTY .s a"014,4�: �_ n 1 Thornto 1 Legend 0 035 0.7 1: duMc) MINbrain s './ Commmdty Gateways Ales 0 M d'Oieldee " .1 Medians Danzig Mldeule1(6.i 1 !\ EMI Parlollaublic Dpw Space I♦ High Density R.idnn.l(12-30 diAa) _ Industrial j Elementary School Sewers:D. (35.Vb W 015.COOP,roan aDie Clnlw'swedes NM Rdl[IQWti Pubic Me Downtown Desna a Pbiodlis&,tlyr 2 Middle School Net Theism it hewed lo.M b.wide Arlan Ina we pane wan Y landfill a Neighborhood Commercial %////, T tie Tone at ESA Penning.rw Bendmy and N.liwy In Me..lend Um,pee ns ;.0. Ro�ty st MM&Aoel *acted an the map..wn.+bd.nwperewali dM..w+.ow+nwwns. . {, A NPon MIComm�wty Co mwdel — S Tr [S3 M.d5p.cmlCwiaewm conpne.....Plen�denWlenele MuM.elsiereM iewtMlMTaw elEde 2S n-; :Y Run,Residamkl(0-2 deln) Il. Repose]Co.m.rul '"^"' Proposed Future Mails Cemprobweira An mnein wtleFeslar the u.seaol dee pweeehaarse depicted ••.y:,:. Alert°the low Density R®d.rtu(2-6 d Sac) _ Mbnd Ike O 435 Ymn,wp(Fume) nson al.devel tie op nn.These wwd by Tose a V. '(S sweets and Aides aspen ate dereltynwe Anew p es t is ■ /Y.. j iJ ± : [ 7HEt { I \ I qii i 'l 1 n� I IQT � , I 1 7 �Q I / I I \ I ---- N._ i 4-4 �� :55 �I 55 i 37 m32 l 3.$, 114 I— �,l` I Sw►�� ;Mi 'J T — ----) i xi( '- I --1 (-7 L ��'�..� . 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TIN R69GY'i TIN COUNTY J _ l'__ _--__ GYE_'G CO I - I _ = T15 R69GY 775 865111 i TOWN OF ERIE WATER MASTER PLAN 0 i .. , —.......,,___, I .,.____JI..r I ..0 mum..or al .. __. i.,.......io ,Il .o/ . -— ��►� iI _1 ...1 •• �__ .D+----\------:1 --- ■. i f q I i csi----rill' 1 a i [I t �M` ) j l ; ; 1 �J4 ►' ' J5 .J6 J1 ;.J2 J i' I— - i )� BOULDER// � • �/ — --1 4 r � , (-- - -J 7.2N R,604 N . .} ) Ii ._ — .r=_ ::i: weir ai '.y W roaaom wry ea I i._. . 7. 1.N /' 9W r- __ • -- 1 ,�,!!tj■a■: i i if ►:tL►� ►�i'>a►ii1 _ f— I I All ___.� _ .""m'".' ±o-./a X11111 HIP II N Ili= _ . ..___..-_�_ :, - , \ ;; ; • , �,, •1 �r�,.�• 1�� 111 I • \ 9-11T"' H' 1 MA. ., ../ , 1111111 _. �� -- =-- r.==—h�� ..�irnnniiti�it�� ,� r 17 T1 'i. <_L_i_1 i _4'; ii ' 1 li------- H---\� i ll ` � � ��} ih _. . __ f \ gym.A..Ia Mr, i g , ■1 I ,I �l rr _ .m 001.111,,n.o. i , j 1 T r e Iii .rte w - „ .�.,• r� , I t� i i 172 as L I. 1 • I f�! 1 _. `�` i, ---r-_ a ri... --1 ,.—--T- 1 T UMW• I J...., H Oa AIM , S a,.. ' i3g___, 27 I �" i ill I ' I 111 I • 7-2, , . _ _ M ,0[Ilpl.p ,.QO CdMIY I.y1p i ,, P., ‘7 iii_____.....] 1 8 A-, J5 J6 s _.� 1 I i J¢ ��1 1�• ;rii.... BOULDER ' ' WELD COUNTY , '" — I i T7N 869144 T1N R6BW WELD CO AL I ,S /76.9WT1S R5 ° it ..v,. ..a..., / . . ROAD TOWN OF ERIE WASTEWATER MASTER PLAN SUNSET DRAFT ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 2007, by and between FS Erie Estates, LLC, Stephen J. Foley, and Robert C. Swenson, 6321 South Newport Circle, Englewood, CO 80111, 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 of which 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 of the 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 of the 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 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 pt,.n fitted 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 Development Plat. Erie and the Owner recognize that property development is subject to market conditions. To assure Erie that the development of the Property proceeds in an orderly manner, Owner may phase the development. A"master development plat" for the Property may be provided during the subdivision process. For each phase or filing, a site specific plan or subdivision plat will be submitted to the Erie Planing Commission and the Board of Trustees for review and approval. The site specific plan or plat shall be in general conformance with the"master development plat" for the Property, as approved and/or amended by the Board of Trustees. IL ANNEXATION SKETCH PLAN FOR PROPERTY. The Erie Comprehensive Plan encompasses the entire Property. The Comprehensive Plan does not set out in detail the land uses for the Property. The Annexation Sketch Plan for the property, attached hereto as Exhibit "C" (hereinafter the"Annexation Sketch Plan"), describes and depicts the Owner's intention to develop and use the Property in a manner consistent with the LR- Low Density Residential zoning and Comprehensive Plan proposed density. The Owner's Annexation Sketch Plan generally conforms to the Town of Erie Comprehensive Plan. The Annexation Sketch Plan is for discussion and illustration purposes only, however, and conveys no rights or entitlements to Owner for any development whatsoever. Any and all future development on the Property shall comply with, conform to and be subject to all applicable Town Codes, regulations and ordinances in effect at the time of request 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 Property, including any future phasing or growth management regulations that may be adopted by the Town. Annexation Agreement Template 2 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 of the 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 may be, 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 of the various entities furnishing utility services, i.e., electrical, telephone, gas, TV cable, water sewer. ALL UTILITIES WILL BE PLACED UNDERGROUND. The Western Area Power Authority(WAPA) line which may be relocated, will not 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 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 development intended to occur within the Property and that no taking thereby will occur requiring any compensation. Annexation Agreement Template 3 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 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 maybe, 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 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 any other governmental agency require Town sewer service to be provided to this property. Annexation Agreement Template 4 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. 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 Annexation A®c„n.cnt Template 5 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 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. 1. The Annexation Sketch Plan demonstrates a maximum yield of two hundred fifty(250) residential dwelling units on the Property. The Owner acknowledges that this number is only illustrative and for discussion purposes, and that the actual number of dwelling units allowed on the Property shall be determined through the Town's development review process, and in conformance with the Town's then current Codes, regulations, ordinances and development regulations 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. The Annexation Sketch Plan proposes a site for a civic or religious assembly facility. Development of this use shall be determined through the Town's development review process, and in conformance with the then current Codes, regulations, ordinances and zoning and development regulations. 3. At the time of the first subdivision of all or any portion of the Property, the Owner shall reimburse the Town of Erie the Owner's pro-rated share of the cost for the Coal Creek Sanitary Sewer interceptor main line. The pro-rata share shall be based upon the formula of the Town of Erie Public Works Department, and shall be solely determined by the Town of Erie. XII. MISCELLANEOUS PROVISIONS. Annexation Agreement Template 6 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 may be 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 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 necessary or desirable by the Town in order to effectuate the annexation of the Property, or which are in any manner connected with Erie's enforcement of this Agreement. Owner or Developer, as the case may be, further Annexation Agreement Template 7 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 of the 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 of the 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 of the 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 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. 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, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner or Developer, as the case may be. Annexation Agreement Template 8 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 of the 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 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. Q. Timely Submittal of Materials. Owner or Developer, as the case may be, 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 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 Annexation Agreement Template 9 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 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 FS ERIE ESTATES, LLC Stephen J. Foley Date Robert C. Swenson Date STATE OF COLORADO ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006 by My commission expires: Witness My hand and official seal. Notary Public STATE OF COLORADO ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this_ day of Annexation Agreement Template 10 , 2006 by 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 , 2006 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 Annexation Agreema t Template 12 EXHIBIT "B" (Attach a copy of the Annexation Petition) Annexation Agreement Template 13 EXHIBIT "C" (Attach the Annexation Ordinance) Annexation Agreement Template 14 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) Annexation Agreement Template 15 Hello