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Home My WebLink About20071869.tiff COLORADO Age^ e m ro .... June 27,2007 Re: Referral regarding Envirotech Industrial Park Annexation To Whom It May Concern: In accordance with Section 31-12-108(2) of the Colorado Revised Statutes, as amended, you are hereby given notice as set forth in the attachments that the City of Evans shall hold a public hearing on July 31, 2007, to determine whether the enclosed described territory, referred to as Envirotech Industrial Park Annexation,is eligible for annexation to the City of Evans. If you have any questions or comments, please send them to me by July 24, 2007, either by fax to my attention at (970) 330-3472, by email to jflesher@ci.evans.co.us, or by postal mail to 1100 37`h Street, Evans, CO 80620. Regards, jaihr Jim Flesher,AICP Senior Planner City of Evans (970)475-1118 Enc: Notice of Public Hearing, Resolution, Petition,Impact Report rtj. 1100 37t Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 3fln-4479 2007-1869 1014'..........-, COLORADO de NOTICE OF PUBLIC HEARING ANNEXATION REQUEST NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the City of Evans will hold a Public Hearing on the 31st day of July, 2007, at 7:30 p.m., held at the City Hall Council Chambers, 1100 37th Street,Evans, Colorado, at which time and place it will consider and act upon a petition for annexation to the City of Evans for the property addressed 16200 Weld County Road 394, located east of and adjacent Weld County Road 33 (47th Avenue, extended) and south of and adjacent Weld County Road 394 and referred to as the EnviroTech Industrial Park Annexation and described as: That part of the Southwest Quarter of Section Two,Township Four North,Range Sixty-six West of the Sixth Principal Meridian, lying north of the Union Pacific Railroad right-of-way, except a triangular piece of land in the extreme northwest corner of the Southwest Quarter. Weld County, Colorado. All persons being interested in this matter may be present and heard. For more information please contact the Planning Department at(970) 475-1118. Kim Betz City Clerk City of Evans 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472 CITY OF EVANS, COLORADO RESOLUTION NO. 29-2007 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR ENVIROTECH INDUSTRIAL PARK ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, was hereto filed with the City Clerk requesting the annexation of certain property to be known as EnviroTech Industrial Park Annexation, County of Weld, State of Colorado,more particularly described on the attached Exhibit A, and WHEREAS,the City Council desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: Section 1. That the City Council hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107, and desires to initiate annexation proceedings in accordance with the law. Section 2. The City Council shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105,or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1,Article 12,Title 31, CRS. The hearing shall be held on the 31st day of July, 2007, in the City Council Chambers of the City of Evans, 1100 37th Street, Evans, Colorado, at 7:30 p.m. Section 3. The City Clerk shall publish notice of such hearing once per week for four successive weeks in the Greeley Tribune,with the first publication at least 30 days prior to the date of the hearing.The City Clerk shall also send a copy of the resolution and the petition for annexation to the Clerk of the Board of County Commissioners,the County Attorney,and to any Special District or School District within the area proposed to be annexed. Section 4. This resolution shall be in full force and effect upon its passage and adoption. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Evans on this 191 day of June, 2007 ono onI4p,, y F,Ek.$�y�� ATTEST: a .4� .•O N CITY OF EVANS, COLORADO I s SEAL $ By: City Clerk �\etas ��.9O/% M yor it) n7 1100 37TH STREET EVANS, COLORADO 80620 co (970) 475-1118 PETITION FOR ANNEXATION The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended,hereby petition for City Council of the City of Evans, Colorado,for annexation to the City of Evans the unincorporated territory more particularly described below, to be known as EnviroTech Industrial Park, and in support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory be annexed to the City of Evans; A parcel of land located within the Southwest Quarter(SWI/4)of Section Two (2), Township Four North (T.4N), Range Sixty-six West(R.66W.), Sixth Principal Meridian (6th P.M), County of Weld, State of Colorado lying North of the Union Pacific Railroad Right of Way, lying Southerly of the Weld County Road 394 Right of Way and the North line of the SWI/4 of said Section 2, bounded on the West by Weld County Road No. 33 Right of Way and bounded on the East by the East line of the SWI/4 of said Section 2, said parcel contains an area approximately 1320 feet long between Weld County Road 394 and the Union Ditch which is an area of Clouded Title. 2) Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Evans, Colorado; 3) A community of interest exists between the territory proposed to be annexed and the City of Evans, Colorado; 4) The territory proposed to be annexed is urban or will be urbanized in the near future; 5) The territory proposed to be annexed is integrated or is capable of being integrated with the City of Evans, Colorado; 6) The signatures of the Petition comprise one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election; 7) No land 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: a) Is divided into separate parts or parcels without the written consent of the Page 2 t LUdu„ tut euulexatlul landowner or landowners thereof, unless such tracts or parcels are separated by a separate dedicated street, road or other public way; b) Comprising twenty(20) acres or more and which, together with the buildings and improvements situated thereon has an assesses value in excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the year proceeding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 8) No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place; 9) The area proposed to be annexed comprises (Check One): More than ten acres and the Board of County Commissioners of Weld County has agreed to waive the requirement of an impact report as provided for in section 31-12- 108.5, C.R.S., as amended. X More than ten acres and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is required. Ten acres or fewer and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is not required. 10) The area proposed to be annexed is located within Weld County, and the following special districts: Water Districts: CCWCD, CWCWD, NCWCD Sanitation District: None Fire District: La Salle Fire District School District: Weld School District RE-1 Recreation District: None Library District: Weld Library District Ambulance District: None Jr. College District: Aims Community College Other: None 11) The mailing address of each signer, the legal description of the land owned by each signed and the date of signing of each signature are all shown on this Petition; 12) Accompany this Petition are four(4)prints of the annexation map containing the following information: a) A written legal description of the boundaries of the area proposed to be annexed; P2�e 1"CUL1U11 iui r\LWC>AUUll b) A map showing the boundary of the area proposed to be annexed; c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is to be platted, then the boundaries and the plat number of plots or of lots and blocks are shown; d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the City of Evans, and the contiguous boundary of any other municipality abutting the area proposed to be annexed; e) The dimensions of the contiguous boundaries are shown on the map. 13) The territory to be annexed is not presently a part of any incorporated city, city and county, or town; 14) The undersigned agree to the following, which shall be covenants running with the land, and which shall, at the option of the City, appear on the annexation map; 15) Petitioner represents that: a) Water rights shall be provided pursuant to City Ordinance; b) The owners shall participate in providing drainage plans and improvement and payment of a unit drainage fee as may be required by the City for the area; c) The undersigned hereby waives any and all "vested rights"previously created pursuant to Section 24-68-103, CRS, as amended; d) The undersigned and the City may enter into a Pre-Annexation Agreement prior to the effective date of this annexation, which agreement shall be additional requirements as effectively as if set forth in this Petition; e) The undersigned consents to inclusion of the property into the Municipal Subdistrict, Northern Colorado Water Conservancy District, when the annexations become effective; and Check One: X No part of the property to be annexed is included within any site specific development plan approved by Weld County, Colorado. A site specific development plan has been approved by Weld County, Colorado, which has created a vested right. Petition for Annexation 16) The petitioner understands he will be responsible for costs incurred by the City of Evans such as,but not limited to, advertising and recording fees, attorney fees, and other professional costs incurred by the city. Petition for Annexation PETITION FOR ANNEXATION stimmuttuili Executed this 5th day of June, 2007. .? P ' • NOTARV Richard S. Hill = �.� Property Owner 1:• t.1) *.C\ .• PUBL\CJ ! 9T ' •• ........••'•QQ 16200 WCR 394 �''%, • OF cO"-' '' �hFinui i!Il" La Salle, Colorado 80645 Address Th foregoing instrument was acknowledged before me this day of , A.D. 20O7 Witness my hand and official seal. My commission expires 7/Xato • Notary Public 6:4 (7—4/1etc.t kt Property Owner Property Owner Address Address The foregoing instrument was acknowledged before me this day of , A.D. 20 Witness my hand and official seal. My commission expires Notary Public Office Use Only Received Signed Fonn revised 3/2/07. ENVIROTECH INDUSTRIAL PARK ANNEXATION IMPACT REPORT June 27, 2007 The City of Evans has received a request from Richard S. Hill, property owner, to annex approximately 48 acres to the City of Evans. The proposed annexation is located east of and adjacent Weld County Road 33 (47`h Avenue, extended)and south of and adjacent Weld County Road 394.The property is addressed 16200 Weld County Road 394.Please refer to the attached vicinity map,Exhibit A. This report is provided as required by Colorado Revised Statutes Section 31-12-108.5, as amended, and contains information on the impact the proposed development may have on the current infrastructure and financial condition to the City of Evans. Section 1 - Maps and Utilities Enclosed as Exhibit B is an annexation map showing the existing Evans city limits and the proposed annexation. Please also see the attached statement from Envirotech Services,Inc.,the contract buyer of the property, which is Exhibit B to the annexation agreement(Exhibit C). The City of Evans' water and sewer utilities do not presently extend south of the South Platte River. The property is currently served by well water. The applicants state that they are seeking access to Central Weld Water, but have thus far been rejected on the basis of the existing water main being at capacity. The applicants also state that the two existing houses on the property share a non-conforming septic system. They plan to construct a County-permitted septic system on the property. The City's transportation plan identifies WCR 33 as a two-lane collector. WCR 33 is presently an unpaved,local street. The property owner to the south on the other side of the railroad,Great Western Ethanol, has agreed to pave WCR 33 from WCR 394 to WCR 46 and federal funding has been granted. Section 2 - Pre-Annexation Agreement A pre-annexation agreement for this annexation has been approved at the applicant's request.A copy of the draft agreement is attached as Exhibit C. Section 3 - Providing Municipal Services/Infrastructure Improvements A conceptual plan has been submitted for the subject parcel. The property owner has indicated the property is intended for medium industrial development. The current county zoning is agricultural. The applicant has indicated that neither the City's water nor sewer utilities are necessary at this time, 1 since the property can be adequately served by on-site, groundwater wells and an individual sewage disposal system. Storm drainage, streets, sidewalks, and all similar infrastructure will be the responsibility of the developer. The City of Evans staff will review proposed plans related to these items to ensure safe, adequate facilities and improvements are installed in accordance with the City of Evans regulations. The City intends to provide police services to the property by utilizing the present police capability, which can provide adequate protection for the proposed annexation. A fire station is planned adjacent to this site on the Great Western Ethanol property. Until that time, fire protection will be provided by the City of Evans Fire Department utilizing the existing facilities and equipment. The fire department will review development proposals for safety standards and assist the property owner with petitioning out of their current fire district. An automatic aid agreement is in place with LaSalle Fire Protection District. Setbacks from any oil and gas well heads,tank batteries, separators,and related appurtenances on this property must comply with current City of Evans regulations. Section 4 - Financing Extension of Municipal Services All of the services provided by the City will be financed through existing sources of revenue, and include revenues from property, sales, and franchise taxes. Section 5 - Existing Taxing Districts The following districts/agencies are being notified of this annexation as per C.R.S. §31-12-108: Weld County—Board of County Commissioners, Attorney, and Planning School District RE-1 Northern Colorado Water Conservancy District, Central Colorado Sub-District Central Weld County Water District LaSalle Fire District Weld County Library District Aims Community College Section 6 - Local Public School District Impact No new residential development is proposed or would be allowed under the requested light industrial zoning. As stated in Section 5, School District RE-1 has been notified of the annexation petitions. 2 Exhibits Exhibit A—Vicinity Map Exhibit B—Annexation Maps/Legal Descriptions Exhibit C—Pre-Annexation Agreement 3 3 I I,` ` ei Sim c �� ♦� 'SP" . 3 P I+� 1v $ b iii k> i § I r AV A, ibi 1 < n 'A :.. p alitSfry ,14 1 III .- i .... -, t'r1 :.r . -II EnviroTech Services r .y 1 yil _ I 1 1 i Proposed GWE Site v ,t+' s,," ' ' � ry 1. r --. r• 2 st • -. 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I t I Iti I l I --2 v I 1 I yy UI i k� I N\ggi I flAx,.,,,, \,. \ il,if.S §g 5 - 6 tD ——— —— —4 ~ _ rrxsz �— \ \ —.L0'ff9 M.SL(£.OON__ _ �cwu _, =.1�� I —zii —_ __ —-'_ __— �6'is (I. 3e f0 SSVBI M.SI.ICDDII -- a kI8 , amn n.•:arr p.4 2 l. //JSfKIIvh:MN/.NY.q X:f.9.91VJY ki ; 64` v ..........,........,sleaso,.dn.....fI.,. EXHIBIT C ANNEXATION AGREEMENT This agreement is made and entered into this 19th day of June,2007,by and between Richard S.Hill,hereinafter referred to as"Owner,"and the CITY OF EVANS,a municipal corporation of the State of Colorado, hereinafter referred to as "Evans" or"City." WITNESSETH: WHEREAS, Owner desires to annex to Evans the property more particularly described on Exhibit A,which is attached hereto,incorporated herein, and made a part hereof(hereafter referred to as "the Property"); and WHEREAS,Owner has executed a petition to annex the Property,dated June 5,2007,a copy of which petition is on file with the City Clerk; and WHEREAS, Owner has prepared an Annexation Statement and Conceptual Development Plan identifying and illustrating requested zoning,proposed land use and intended development of the Property and more particularly described on Exhibit B, which is attached hereto, incorporated herein and made a part hereof; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement regarding annexation of the Property to the City and other matters as set forth herein;and WHEREAS, Owner acknowledges that upon annexation,the Property will be subject to all ordinances, resolutions, and other regulations of the City of Evans, as they may be amended from time to time; and WHEREAS, Owner acknowledges the need for conveyances and dedication of certain property, including but not limited to property for rights-of-ways and easements, to Evans as contemplated in this Agreement, which are directly related to and generated by development intended to occur within the Property. 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. Information of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary, all 1 terms and conditions herein are in addition to all requirements concerning annexation contained in the Evans Municipal Code,Development Regulations and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et seq. 3. Further Acts. Owner agrees to execute promptly upon request of Evans any and all surveys and other documents necessary to effect the annexation of the Property and the other provisions of this Agreement. Owner agrees not to sign any other petition for annexation of the Property or any petition for annexation election relating to the Property, except upon request of Evans. 4. Annexation Documents. Owner agrees to provide legal documents,surveys,engineering work,newspaper publications,maps and reports determined by Evans to be necessary to accomplish the annexation. 5. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning and land uses presented in paragraph 15 below, and that the granting of such zoning by the City of Evans is a material consideration of the Owner's agreement to annex the Property to the City. Owner shall take all action necessary to permit zoning by Evans of the annexed Property within the time prescribed by state statute. In the event the City does not zone the land in accordance with the uses further described in paragraph 15, then the City agrees not to oppose any disconnection by the Owner, subject to the requirements of state law. 6. Public Use Land Dedication. Owner agrees to dedicate,by General Warranty Deed or other appropriate instrument of conveyance acceptable to the City all of Owner's right, title and interest (subject to exceptions of record permitted by the City), in and to the applicable Property a portion of the territory to be annexed for public open space or other public purposes as directed by the City, in addition to easements and rights-of-way for streets and other public ways and of other public purposes, all as required by City ordinances and resolutions in effect at the time of the dedication. Owner shall have no obligation to dedicate any land for development of public improvements for the following: public school, sewer/water treatment facilities or related facility, power generation plant, library, police station or fire station. 7. Water and Wastewater Utilities. At such time as City main water and/or sewer lines are adjacent to the Property, Owner shall tap onto the City's water and/or sewer lines and pay the appropriate tap fees and for water, dedicate required raw water. 8. Water Rights Dedication. Owner need dedicate no water rights until such time as the conditions referred to in paragraph 7 occur. 9. Non potable irrigation. Based on the foregoing type of development proposed,Owner 2 will not be required to install a non-potable water system. 10. Municipal Services. Evans agrees to make available to the Property all of the usual municipal services provided by the City,in accordance with the ordinances and policies of the City. The services provided by the City include, but are not limited to, police protection and fire protection. Owner acknowledges that City services do not include,as of the date of the execution of this Agreement, emergency medical services. 11. Public Improvements. Required public improvements shall be designed and constructed to City standards by Owner at Owner's expense. Owner further agrees to provide financial guarantees for construction of all required improvements as set forth in each phase of the development, and to dedicate to the City any or all of the improvements as required by City ordinances. The public improvements and financial guarantee shall be set forth in the Development Agreement between the City and Owner. 12. Streets and Arterial Roads. Adjacent "Site Specific Access" improvements shall be constructed to City Standards by Owner at Owner's expense. 13. Drainage. Owner may not be required to provide at Owner's expense a comprehensive drainage study of the entire annexation territory since all water on this site flows to the Union Ditch. This parcel has been historically flood irrigated as farm crop and pasture land. Owner shall provide a preliminary analysis of drainage, certified by an engineer, and the City Public Works Director may then waive the requirement of a comprehensive study if,by his determination, such comprehensive study is not necessary. 14. Reimbursements. To the extent water, sewer, storm drainage facilities or other public utilities are oversized or extended onto property by Owner or to the extent public improvements are built off-site of the Property by Owner,by any District or by the City, for benefit accruing to other parties, said improvements may be eligible for reimbursement. Per Chapter 13.28 of the Evans Municipal Code, City agrees to use its best efforts to maximize the opportunity for, and amounts of reimbursement payable to Owner in connection with the development of any other property tapping onto or otherwise making use of any such improvements. The City agrees to coordinate the execution and delivery of necessary reimbursement agreements among the City,the Owner and the owner/developer of any other such property in order to obtain such reimbursements for Owner. 15. Zoning and Land Use. (A)Conceptual Plan. Owner and City shall mutually agree upon a conceptual land use plan that is in accordance with the Outline Development Plan for the EnviroTech Project as shown in Exhibit B. 3 Owner agrees the design, improvement, construction, and development of the Property described herein shall be in conformance with the City of Evans Design Guidelines, as those requirements exist at the time of site plan application. (B)Rezoning Process. Upon submittal of required materials, Owner's rezoning request shall be processed concurrently with the petition for annexation. Land use is subject to the police power and legislative authority of the City of Evans. 16. Agricultural Use. The City agrees that Owner may continue the agricultural uses on the undeveloped portion of the property that are presently being conducted on the Property in the same manner as they have historically been performed. 17. Limitation on Fee Impositions by the City. The City agrees that the Property shall be subject to typical development fees similar to those that are imposed on other developments in the City pursuant to the City's regulations and ordinances unless otherwise mutually agreed upon by the Owner and the City. 18. Developer's Agreement In a form provided by the City, Owner and the City shall enter into a public improvements developer's agreement. The final form of the developer's agreement shall be subject to mutual agreement of the parties on the terms and conditions of the same. The developer's agreement shall be signed prior to issuance of any building permits. 19. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with all applicable laws and ordinances and that Owner shall comply with all City ordinances, resolutions and regulations including without limitation, ordinances, resolutions, and regulations pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to City streets, and flood control. 20. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions,or as a waiver of the City's legislative, governmental,or police powers to promote and protect the health,safety,and welfare of the City and its inhabitants;nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 21. Disconnection. No right or remedy of disconnection of the Property from the City shall accrue from this Agreement. Disconnection may only be obtained by express written approval of the City Council after hearing as provided in the Evans Municipal Code. In the event the Property or any portion thereof is disconnected,Evans 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. 4 In the event the City does not approve the zoning and development plan as set forth in paragraph 15 within ninety (90) days of the completion of the annexation, Owner may request disconnection and the City agrees not to oppose disconnection unless delays are caused by Owner. 22. 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. 23. Fire Protection District Exclusion. Owner agrees to petition out of the La Salle Fire Protection District and does hereby irrevocably appoint the Fire Chief of the City of Evans, its true and lawful agent,and attorney for the Owner and in the Owner's name and stead to sign and execute any and all petitions, documents and writing pertaining to the lands herein described which shall be necessary and appropriate to petition out of such district. 24. Water Conservancy Municipal Subdistrictlnclusion. Pursuant to CRS 37-45-136(3.6), Owner consents to inclusion of the property into the Municipal Subdistrict,Northern Colorado Water Conservancy District, when the annexation becomes effective. 25. Site Specific Provisions. A. Other than access improvements, Developer will not be required to provide funding or assist in any way with any upgrading of any roadway or structure on or adjacent to present Weld County Road(WCR) 33 as it is situated between WCR 394 and WCR 46. B. Inasmuch as the subject property and project is being purchased by Owner without ground or surface water rights, any future water purchases as made by Owner so as to allow Owner the use and benefit of the Project shall remain solely the property of Owner, its subsidiaries, and assigns. When public water becomes available, Owner shall be granted a water tap from the City provided Owner pays the appropriate tap fees and provides the required water dedication. Accordingly, Owner will dedicate, through conveyance of water rights, an appropriate quantity of water in exchange therefor. C. The City of Evans represents that as part of the proposed annexation,it specifically will allow Developer to construct in-ground lined storage ponds located not closer than 50 feet from any presently or hereinafter completed oil and gas well head, and not less than a 30 foot distance from existing tank batteries and separator equipment. The Developer shall not construct buildings located less than a 150 foot distance in any straight line from any present or hereinafter completed oil and gas well head or less than a 300 foot distance from any existing tank batteries and separator equipment. In addition, the City of Evans approves, as long as built in conformity with the City's 5 present Building Code (if applicable), the construction, within the same area, of pump bases and canopies so that Developer can move its liquid products into and out of the intended in-ground lined storage ponds. This includes the securing and protection of said pumps, valves, and electrical powering equipment. D. The subject property is presently zoned as Agricultural within Weld County. EnviroTech Services,Inc.,desires to have the property re-zoned as"I-2"Medium Industrial District Zone by the City of Evans. If the property is not granted the"I-2"zoning by the City of Evans, at its discretion, EnviroTech Services, Inc.,may disconnect the property from the City of Evans. The City of Evans agrees not to dispute this action. 26. Future Cooperation. The parties agree 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. 27. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained in this Agreement is intended to create a partnership or joint venture between the City and Owner or between the City and any one or more of the individual owners listed above,and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the parties of any activity, function, or service, nor does it create a joint enterprise, nor does it constitute any party hereto as any agent of another party hereto for any purpose whatsoever. Except as specifically otherwise provided in this agreement, no party shall in any way assume any of the liability of any other party for any act or obligations of the other party. 28.Amendment. This Agreement may be amended only by mutual agreement of the City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk and 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. 29. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications,representations,or agreements,either verbal or written between the parties. 30. Owner. As used in the Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. In the event of a transfer of all or any portion of the Property, the transferring Owner shall be relieved of any and all obligations under this Agreement that arise after the date of such transfer with respect to the transferred Property. 6 31. Amendments to Law. As used in this Agreement,unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner, however as are not in conflict with this Agreement. 32. Binding Effect. This Agreement shall be binding upon and inure to the benefit of all the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 33. Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the Property. 34. Breach by Developer; City's Remedies. A. In the event of a default or breach by the Owner of any term,condition,covenant,or obligation under this Agreement,the City may take action,as it deems necessary to protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship. The City's remedies include: (i) The refusal to issue to the Owner any development permit, building permit, or certificate of occupancy. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers; (ii) A demand that the security given for the completion of the public improvements be paid or honored; (iii)The refusal to consider further development plans within the Property; and/or (iv)Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the City or City residents,the City shall provide the Owner ten(10)days written notice of its intent to take any action under this Paragraph during which ten-day period the Owner may cure the breach described in said notice and prevent further action the City. B. Breach by City. Parties agree that in the event of a breach by the City,Owner will have the right to seek all remedies provided by law. 7 C. Attorney's Fees. If any party breaches this Agreement,the breaching party shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforcement of the terms and conditions of this Agreement. 35. General Provisions. City shall: A. Cause its staff to timely and promptly approve or disapprove written submittal by Owner of any plans, specifications,drawings, details or other pertinent data required in connection with any water line, sanitary sewer line, storm drainage or other utility serving the Property or any improvements within any dedicated right-of-way on the Property. Any disapproval shall set forth the items disapproved together with the reasons for such disapproval. B. Use its best efforts securing, construction and maintenance agreements from governmental or private entities in order to allow Owner to fulfill its obligations under this Agreement and to proceed with development of the Property. C. Cooperate with Owner with any filings,applications,approvals,or other administrative procedures with governmental entities other than the City, which is necessary to allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner. D. Provide police and other municipal services to the Property to the same extent as those services are provided by City throughout the balance of the City,pursuant to the City's uniform applied policies. E. Not unreasonably withhold its consent or approval when any consent or approval is required. Owner shall notify the City of assignments and the name of the assignee(s)upon the sale or other transfer of any portion of the Property. The transferor of such portion shall be released from all liability and obligation under this Agreement relating to such portion and all such liabilities and obligations shall be assumed by the transferee (unless transferee is a governmental entity). Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing codes,ordinances or as a waiver of the City's legislative,governmental or police powers to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this agreement prohibit the enactment by the City of any fee which is of uniform or general application. It is understood and agreed by the parties hereto, that if any part, term or provision of this Agreement is by a court determined to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and 8 obligations of the parties shall be construed and enforced as if the agreement did not contain that particular part, term, or provision held to be invalid. This Agreement may be enforced in any court of competent jurisdiction. 36. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered, sent by facsimile transmission, or sent via 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, provided a hard copy is mailed the same date. 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 City: City of Evans Notice to Owner: Attn: City Manager EnviroTech Services, Inc. 1100 37th Street Attn: General Counsel Evans, CO 80620 1140 38th Avenue, Suite 1 Greeley, CO 80634 With copy to: R. Russell Anson, City Attorney P.O. Box 336155 Greeley, CO 80633 37. Election. Owner agrees that he/she/it is voluntarily entering into this Agreement. Owner represents and submits that to the extent an election would be required pursuant to C.R.S. §31-12- 112,as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed,Owner owns 100 percent of the Property,excluding public streets and alleys,and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 38. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the Property are subject to the legislative discretion of the City Council of the City of Evans. In the event that, in the exercise of its legislative discretion, any action with respect to the annexation, zoning or special use approval for the Property, as contemplated herein and in the proposed Conceptual Development Plan for the Property, is not taken or if once taken and Owner is in full compliance with such annexation,zoning or special use approvals is not maintained,then the Owner may withdraw the petition for annexation and seek disconnection from the City in accordance with state law, as may be appropriate and City agrees not to oppose. 39. No Third Party Rights. This Agreement is made solely for the benefit of the parties 9 hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 40. 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. 41. 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. 42. No Warranties by the City. The City is entering into this Agreement in good faith and with the present intention, on the part of the present City Council, that this Agreement will be complied with. However,because some of the provisions of this Agreement may involve areas of legal uncertainty, the City makes no representation as to the validity or enforceability of this Agreement that no such warranty is made on the part of the City. 43. Attorney's Fees. If any Party breaches this Agreement,the breaching party shall pay the non-breaching party's reasonable costs and attorney's fees incurred in the enforcement of the terms and conditions of this Agreement. In the event that any person, corporation, special district, municipal or county government,or any other entity asserts any claim or appeal against the City,its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S., Section 31-12-101, et seq. the City shall, at all times, have control over the defense of the City in such matters and nothing herein shall be construed to require the City to assert any position which is inappropriate,in the sole judgment of the City. The City and Owner shall confer with each other concerning the defense and/or settlement of any such action. 44. Cost Reimbursement to City. Developer shall reimburse City for outside professional consultants such as engineers, testing companies, and attorneys necessitated by processing and completion of this development. ATTEST: CITY OF EVANS, COLORADO, A MUNICIPAL CORPORATION By: By: City Clerk Mayor 10 LANDOWNER ACKNOWLEDGMENT By: STATE OF COLORADO ) )ss. COUNTY OF ) By: The above and foregoing signature of Richard S. Hill was subscribed under oath before me on this day of , 20 . WITNESS my hand and official seal. My commission expires: 11 EXHIBIT A That part of the Southwest Quarter of Section Two,Township Four North,Range Sixty-six West of the Sixth Principal Meridian, lying north of the Union Pacific Railroad right-of-way, except a triangular piece of land in the extreme northwest corner of the Southwest Quarter. Weld County, Colorado. 12 EXHIBIT B x Hprgau,�� SERL%CE,S; /NC; Statement from EnviroTech Services, inc. Concerning Annexation / Change of Zone Petition Background: EnpiroTech Services, Inc., hereto identified as ESI, is an entrepreneurial company, which like the City of Evans, recognizes benefits realized through regulated planning&growth activities. Incorporated in 1989, ES!has judiciously grown to become an industry y leader in environmentally friendly de-icing &dust control products as well as a respected Colorado company. ESI currently shares a Weld County USR fttcr'lity with its sister company-Centennial Ag. This shared site inherently imposes storage capacity limitations as well as reduced opportunities for plant efficiency& organiratiorral gains. To ilnptvvd opportunities, ES!desires to develop an independent site. The proposed rezoning is consistent with the City of Evans Municipal Code. The adopted City of Evans Municipal Code allows for an.Annexation &Change of Zone submittal petitions when an individual or company recognizes a benefit to seeking such action. In this case, ESt seeks annexation &re=zoning of Weld County Parcel No..105702000077 from Agricultural to an 1-2 Medium Industrial designation for reasons which parallel our interpretation of Evan's Comprehensive Plan. Primary to ESI's land search criteria was access to the Union Pacific Railroad(UPRR)in an area where UPRR can provide multiple days per week rail deliveries. Meetings with the UPRR.personnel directed ESI's land search to the UPRR Ft.Collins line,west of the La Salle switching yard &east of the UPRR weight restricted bridge over the South Platte.River. Further dialogue with UPRR Sr. Business managers indicated their intent to direct more industrial Customers to the same area. In reviewing the UPRR's recommended search area, ESI became aware of the Evans Growth Corridor,which extends south to HWY 85 and their annexation of land for an industrial ethanol manufacturing facility. Encourage by this proposed industrial use and conversations with The City of Evans Planning Department, ES!entered into a purchase option on a 40-acre parcel, lying north of the proposed ethanol facility—adjacent to the UPRR tracks. ESI's assessment concludes this site selection, while outside a municipality, conforms to the local natural growth pattern and industrial suitability of the land. Furthermore,this subject site is located inside an urban growth boundary, where industrial development approval has been granted to adjacent land. Page I of 6 , 1;, fr r swr�a SpRI/ICES, 1AYC Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition The proposed use is compatible with the surrounding land uses. The proposed ESI site resides in a prime rail corridor between Miller Feedlot and Five Rivers Cattle Co. Both companies employ trucking operations to support their business. The immediately adjacent land Is currently employed in various agricultural and industrial purposes,as listed: The properties located West, North,and East are currently use as agricultural land. Primarily pasture land accounts for the majority of the Northern acreage, approximately 140 acres of pivot irrigated corn to the West, and 140 acres of vegetables to the.East. The City of Evans has annexed Weld.County Parcel No. 105702000078,for the expressed interest on which to locate the proposed Great Western Ethanol manufacturing facility. This acreage's irrigation pivots have been removed leaving the site idle for the..past few seasons. This industrial annexed parcel lies directly south of the proposed ESI site. Since the company's inception, ESI has and currently co-exists with agricultural operations surrounding Centennial Ag's Kersey site and will fit welt with.the proposed 1-2 annexed ethanol plant. Does the property have soils with moderate or severelimitutions for construction? Per the.Soils Assessment Report prepared by Two Rivers Engineering, February 2007,Page 4, "The soils encountered on the site.appear to have very few limitations concerning the proposed construction. It appears the construction of above ground structures such as buildings, tanks, and roads can be approved without additional constraints. -Septic systems will require soils investigation and the-design to be provided by a Professional Engineer The seepage of liquids into the soils tvill require the storage lagoons to have a lined system." Are the road and/or highway facilities,providing access to the property, adequate to meet the equipments of the proposed zone district? Yes, ESI anticipates an average of twelve truck trips originating from the site daily. Does a sand,gravel, or other mineral resource lie on or under the subject property? Per the Soils Assessment Report prepared by Two Rivers Engineering, February 2007, Page 4, "Based upon our review of the NCRS soil data, it appears the Site would not be considered a Commercial Mineral Deposit. Therefore the proposed construction does not need to take into account the extraction of mineral during their design." Page 2 nCG $fRY/CES, Statement from Envi:roTeeh Services, Inc. Concerning Annexation / Change of Zone Petition Intended the is Compatible with Future Development and Master Plans of alfreted Municipality The City of Evans has annexed Weld County Parcel No. 105702000078 for the expressed interest of locating the proposed Great Western Ethanol manufacturing facility. This proposed 300 4.acre industrial annexed (1-2 Zoned)parcel lies directly.south of the proposed ESI site. When finished, this facility will comprise rail lines, office structures,fermentation systems,storage silos and truck scales. Discussions with City of Evans.Planners.and Director of Public Works indicate their desire to continue to develop the area rail property into industrial sites. They informed ESI that ESI's intended purpose is compatible with their 1-2 designation, as provided to Terra Holdings. ESt &Great Western Ethanol are two businesses which depend upon railroad access; however, ESL's facility is minor when compared to the adjacent ethanol plant's area & impact. Intended Use Complies with Applicable County Overlay Districts Per conversations with Weld County Planners,this parcel does not reside in a Weld County Flood Hazard,Geological Hazard,or Airport Overlay District, Intended Use will Conserve Prime Farmland The included geo-tech soil analysis and field studies provide evidence that the parcel consists primarily of Otero sandy loam and Julesburg sandy loam to a'depth of 40 feet. Per the Weld Assessor's records,this.property's assessed 2006 taxes were$523.88. Based upon a 10 year average and 42.181 mill levy, this land produced$1,070.67 per acre. However;as of 2006,the decreed agricultural well has been shut down by the Colorado Division of Water Resources Engineer. Land production has and will continue to decline. Intended Use has Adequate Provisions for the Protection of the Health,Safety and Welfare of the Inhabitants of the Neighborhood and County A prime focus of this company is to provide environmentally friendly products for road de-icing,road stabilization, and dust control. All products transported by E$1 do not require a DOT placard,.have little odor,and are non-flammable. ESI intends to design and operate this facility within all federal, state and local regulations and is willing to speak with any neighbor or authority who voices concerns. Page 3 of 6 -d F{�:._•�d ��'�. ""'�" " ," wc'san 5F.h';Y/CE5; //VC: Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition Proposed use of the Property ESI is an established reputable business that primarily provides magnesium chloride products for winter road de-icing and summer un-unproved rood dust control. This proposed site will he the principle location fur ESI's Colorado Operation. The immediate proposed use of this property is such: The site will contain: • A 12,000 square foot combination office, warehouse and truck shop. • A two-switch railroad spur-approximately 2,800 ft in length. • Two lined magnesium chloride brine storage ponds. Total volume approximately 6.5M gallons. • A tank battery consisting of a combination of vertical and horizontal storage vessels. All controlled within a secondary containment structure. • A truck load-out station & scale. • A fuel station with secondary containment. • Various small structures (16'x16')for pumps, boilers, flow meters, blending systems, etc... Long term future uses to include: • An Research &Development/ Scale-up facility. • An under-rail off-loading conveyor system for unloading granular bulk product from hopper railcars. • A bagging facility for consumer packaged granular de-icers. • Other rail and ground trans-loading operations, yet to be determined. How many employees are proposed to be employed at this site? ESI's current staff level at the Kersey location is 14 employees. ESI does not anticipate increasing appreciably from that level. How many people will use this site? ESI Estimates up to 20 people may utilize this site. ESI employs contract drivers when product demand requires such action. Also, various ES1 supporting functions, such as Quality Assurance, Research & Development,and Engineering wilt occasionally work at the site. What are the hours of operation? Currently our prime hours of operation are from 7:00 AM to 7:00 PM. ESI does employ contracted drivers who prefer to operate non-regular hours due to the benefit of less traffic congestion, but they haul a small percentage of our annual volume. Page 4of6 r,.r^r-• .F4��1�*T•,.r.x?arnuA:twr'"'k et!eb.' f"._ "�"a;` 'r?I?... iffriVativamaiwarsiammatimaffiammagainit SERVICES, INC Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition What kind (type, size, weight)of vehicles will access this site? ESI utilizes Class 8 straight trucks with pups and tractor trailers with transports. Maximum gross combined vehicle weights do not exceed 80,000 lbs. Who will provide fire protection to the site? Initially, fire protection will be provided by the La Salle Fire Department. The City of Evans has plans to construct a Fire House adjacent to this parcel. What is the water source on the property? ESI desires CWCWD service to the office structure for limited facilities usages, but has been denied due to the existing water main being at capacity. In a letter to ESI, CWCWD's General Manager John Zadel stated,"Additional capacity for a single 5/8" tap will require major improvements to the District's distribution system." ESI is currently engaged in establishing an augmentation plan for the site and may petition the Colorado Division of Water Resources to re-permit the existing exempt domestic well to allow usage for office facilities. The site is currently serviced by well water. Well permit number 250770, governs one exempt well, Decree W-2822, allows an agricultural well, which is not currently included In a recognized augmentation plan. What is the sewage disposal system on the property? Currently, two houses on the property share a non-conforming septic system. ESI will construct a county permitted septic system for any new construction and will correct the existing non-conforming septic system if the existing structures are to be utilized with running water. What types of items will be stored at this Facility? This ESI location is a storage site for liquid magnesium chloride brine as well as associated corrosion inhibitors and performance additives. ESI also will store water soluble lignosulfonate, glycerin, surfactants and potassium chloride. Currently ESI stores consumer packaged ice melt and asphalt repair products in area warehouses. These too will eventually be warehoused on-site. Proposed Landscaping for the Site ESI plans to occupy the site's western third 10 acres. This location provides the ability to utilize the parcel's existing cottonwood and elm trees as a northern boundary screen. The site's proposed road access from WCR 33 will be landscaped in native drought resistant vegetation. Page 5of6 wfr SEM/IVf INC Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition Storm Water Drainage Plan The site's topographical profile indicates a slight slope toward the northeast. Contracted geo- tech soil analysis and field studies provide evidence that the parcel consists primarily of Otero sandy loam and Julesburg sandy loam to a depth of 40 feet. This highly porous soil combined with the absence of slope mitigates most.runoff. in addition,due to a non- adjudicated well,the farm land no longer is under irrigation and the site's preliminary design has placed roofs, parking lots and hard packed surfaces away from the neighboring ditch. Construction Duration &Scheduled Initial construction estimates.indicate site preparation&pond construction will require 4 weeks, Rail construction will require 5 weeks. These two activities will be accomplished somewhat simultaneously. The overall estimated construction duration will require 7 months. The construction commencement date is contingent upon two factors—project approval from The City of Evans &railroad design approval from the Union Pacific Railroad. ESI anticipates beginning construction the summer of 2007. Page 6 of 6 c U _ < §< ( u / \ - -LU - $� \ - i t k$ - i f2 C } o � O = - ) § ( / = ) 1- . o aq \ \ j ± - \ Ei V� U N / a ; , = I 13 O.- 2 . < . S 1 CO N - \ i . @ t - \ t ( < ) 4t\ ) § ! \ K Cl) \ \ �� / \ , \ \ E \ \)\ b5 ; r » ;2 u5 :: « _ \ / u) ( \)(\\} § | fl \ / ' 3 §a - z k 2\ \ % \7 , & o ! ' f ) - \ - Na t f� \. I \ \� \ _ a _ U E _ - } | u b \ \ t | §i\\%) 2 l 'Agl-0 5z / \ § § 41z1`., , m !._§!_ . [/o8 O1. 2 !§§|!I; 7 Cu E ! I. \ 9 9 2 \ \ LU ! NI \ i0 \ vt I | / » 00 iri ca 00 SI { � - { . ) , o a ! 3. ! 2 . _ \ / ifr 1 - � ) \ . —] I \ / < ° -) 4 - apam<ome _ I . U ! c < (41111 COLORADO NOTICE OF PUBLIC HEARING ANNEXATION REQUEST NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the City of Evans will hold a Public Hearing on the 31st day of July, 2007, at 7:30 p.m., held at the City Hall Council Chambers, 1100 37th Street,Evans,Colorado, at which time and place it will consider and act upon a petition for annexation to the City of Evans for the property addressed 16200 Weld County Road 394, located east of and adjacent Weld County Road 33 (47`h Avenue, extended) and south of and adjacent Weld County Road 394 and referred to as the EnviroTech Industrial Park Annexation and described as: That part of the Southwest Quarter of Section Two,Township Four North,Range Sixty-six West of the Sixth Principal Meridian, lying north of the Union Pacific Railroad right-of-way, except a triangular piece of land in the extreme northwest corner of the Southwest Quarter. Weld County, Colorado. All persons being interested in this matter may be present and heard. For more information please contact the Planning Department at (970) 475-1118. Kim Betz City Clerk City of Evans 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472 CITY OF EVANS, COLORADO RESOLUTION NO. 29-2007 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR ENVIROTECH INDUSTRIAL PARK ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, was hereto filed with the City Clerk requesting the annexation of certain property to be known as EnviroTech Industrial Park Annexation, County of Weld, State of Colorado,more particularly described on the attached Exhibit A, and WHEREAS,the City Council desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: Section 1. That the City Council hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107, and desires to initiate annexation proceedings in accordance with the law. Section 2. The City Council shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1,Article 12,Title 31, CRS. The hearing shall be held on the 31st day of July, 2007, in the City Council Chambers of the City of Evans, 1100 37th Street, Evans, Colorado, at 7:30 p.m. Section 3. The City Clerk shall publish notice of such hearing once per week for four successive weeks in the Greeley Tribune,with the first publication at least 30 days prior to the date of the hearing.The City Clerk shall also send a copy of the resolution and the petition for annexation to the Clerk of the Board of County Commissioners,the County Attorney,and to any Special District or School District within the area proposed to be annexed. Section 4. This resolution shall be in full force and effect upon its passage and adoption. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Evans on this 19th day of June, 2007 on fffffffff��•• `$,da .ff.....,�'q�.•. ATTEST: r V'• •;N$ CITY OF EVANS, COLORADO SEAL = t. , By: City Clerk 'a,O•• •••.."' A M yor C si> of CITY EVANS 1100 37TH H STREET EVANS, COLORADO 80620 COLORADO (970) 475-1118 PETITION FOR ANNEXATION The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition for City Council of the City of Evans, Colorado,for annexation to the City of Evans the unincorporated territory more particularly described below, to be known as EnviroTech Industrial Park, and in support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory be annexed to the City of Evans; A parcel of land located within the Southwest Quarter(SW1/4) of Section Two (2), Township Four North (T.4N.), Range Sixty-six West(R.66W), Sixth Principal Meridian (6th P.M), County of Weld, State of Colorado lying North of the Union Pacific Railroad Right of Way, lying Southerly of the Weld County Road 394 Right of Way and the North line of the SW1/4 of said Section 2, bounded on the West by Weld County Road No. 33 Right of Way and bounded on the East by the East line of the SW1/4 of said Section 2, said parcel contains an area approximately 1320 feet long between Weld County Road 394 and the Union Ditch which is an area of Clouded Title. 2) Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Evans, Colorado; 3) A community of interest exists between the territory proposed to be annexed and the City of Evans, Colorado; 4) The territory proposed to be annexed is urban or will be urbanized in the near future; 5) The territory proposed to be annexed is integrated or is capable of being integrated with the City of Evans, Colorado; 6) The signatures of the Petition comprise one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election; 7) No land 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: a) Is divided into separate parts or parcels without the written consent of the Page 2 Petition lot Annexunon landowner or landowners thereof, unless such tracts or parcels are separated by a separate dedicated street, road or other public way; b) Comprising twenty(20) acres or more and which, together with the buildings and improvements situated thereon has an assesses value in excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the year proceeding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 8) No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place; 9) The area proposed to be annexed comprises (Check One): More than ten acres and the Board of County Commissioners of Weld County has agreed to waive the requirement of an impact report as provided for in section 31-12- 108.5, C.R.S., as amended. X More than ten acres and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is required. Ten acres or fewer and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is not required. 10) The area proposed to be annexed is located within Weld County, and the following special districts: Water Districts: CCWCD, CWCWD, NCWCD Sanitation District: None Fire District: La Salle Fire District School District: Weld School District RE-1 Recreation District: None Library District: Weld Library District Ambulance District: None Jr. College District: Aims Community College Other: None 11) The mailing address of each signer, the legal description of the land owned by each signed and the date of signing of each signature are all shown on this Petition; 12) Accompany this Petition are four(4) prints of the annexation map containing the following information: a) A written legal description of the boundaries of the area proposed to be annexed; Page 3 Pennon for Annexation b) A map showing the boundary of the area proposed to be annexed; c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is to be platted, then the boundaries and the plat number of plots or of lots and blocks are shown; d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the City of Evans, and the contiguous boundary of any other municipality abutting the area proposed to be annexed; e) The dimensions of the contiguous boundaries are shown on the map. 13) The territory to be annexed is not presently a part of any incorporated city, city and county, or town; 14) The undersigned agree to the following, which shall be covenants running with the land, and which shall, at the option of the City, appear on the annexation map; 15) Petitioner represents that: a) Water rights shall be provided pursuant to City Ordinance; b) The owners shall participate in providing drainage plans and improvement and payment of a unit drainage fee as may be required by the City for the area; c) The undersigned hereby waives any and all "vested rights"previously created pursuant to Section 24-68-103, CRS, as amended; d) The undersigned and the City may enter into a Pre-Annexation Agreement prior to the effective date of this annexation, which agreement shall be additional requirements as effectively as if set forth in this Petition; e) The undersigned consents to inclusion of the property into the Municipal Subdistrict, Northern Colorado Water Conservancy District, when the annexations become effective; and Check One: X No part of the property to be annexed is included within any site specific development plan approved by Weld County, Colorado. A site specific development plan has been approved by Weld County, Colorado, which has created a vested right. mice 4 Petition for Annexation 16) The petitioner understands he will be responsible for costs incurred by the City of Evans such as, but not limited to, advertising and recording fees, attorney fees, and other professional costs incurred by the city. r. Petition for Annexation PETITION FOR ANNEXATION +tptuuuup� Executed this 5th day of June, 2007. NOTARY Richard S. Hill _' one Property Owner 3N�. PUB4'G:' % 16200 WCR 394 OF cO\-OPP� '�!Illllll ,� La Salle,Colorado 80645 Address Th foregoing instrument was acknowledged before me this day of , A.D. 20 0 7 Witness my hand and official seal. My commission expires '7/Roio Notary Public °Ant 4 cR Property Owner Property Owner Address Address The foregoing instrument was acknowledged before me this day of , A.D. 20 Witness my hand and official seal. My commission expires Notary Public Office Use Only Received Signed Form revised 3/2/07. ENVIROTECH INDUSTRIAL PARK ANNEXATION IMPACT REPORT June 27, 2007 The City of Evans has received a request from Richard S. Hill, property owner, to annex approximately 48 acres to the City of Evans. The proposed annexation is located east of and adjacent Weld County Road 33 (47`h Avenue,extended)and south of and adjacent Weld County Road 394.The property is addressed 16200 Weld County Road 394.Please refer to the attached vicinity map,Exhibit A. This report is provided as required by Colorado Revised Statutes Section 31-12-108.5, as amended, and contains information on the impact the proposed development may have on the current infrastructure and financial condition to the City of Evans. Section 1 - Maps and Utilities Enclosed as Exhibit B is an annexation map showing the existing Evans city limits and the proposed annexation.Please also see the attached statement from Envirotech Services,Inc.,the contract buyer of the property, which is Exhibit B to the annexation agreement (Exhibit C). The City of Evans' water and sewer utilities do not presently extend south of the South Platte River. The property is currently sewed by well water. The applicants state that they are seeking access to Central Weld Water, but have thus far been rejected on the basis of the existing water main being at capacity. The applicants also state that the two existing houses on the property share a non-conforming septic system. They plan to construct a County-permitted septic system on the property. The City's transportation plan identifies WCR 33 as a two-lane collector. WCR 33 is presently an unpaved,local street.The property owner to the south on the other side of the railroad,Great Western Ethanol, has agreed to pave WCR 33 from WCR 394 to WCR 46 and federal funding has been granted. Section 2 - Pre-Annexation Agreement A pre-annexation agreement for this annexation has been approved at the applicant's request.A copy of the draft agreement is attached as Exhibit C. Section 3 - Providing Municipal Services/Infrastructure Improvements A conceptual plan has been submitted for the subject parcel. The property owner has indicated the property is intended for medium industrial development. The current county zoning is agricultural. The applicant has indicated that neither the City's water nor sewer utilities are necessary at this time, 1 since the property can be adequately served by on-site, groundwater wells and an individual sewage disposal system. Storm drainage, streets, sidewalks, and all similar infrastructure will be the responsibility of the developer. The City of Evans staff will review proposed plans related to these items to ensure safe, adequate facilities and improvements are installed in accordance with the City of Evans regulations. The City intends to provide police services to the property by utilizing the present police capability, which can provide adequate protection for the proposed annexation. A fire station is planned adjacent to this site on the Great Western Ethanol property. Until that time, fire protection will be provided by the City of Evans Fire Department utilizing the existing facilities and equipment. The fire department will review development proposals for safety standards and assist the property owner with petitioning out of their current fire district. An automatic aid agreement is in place with LaSalle Fire Protection District. Setbacks from any oil and gas well heads,tank batteries,separators,and related appurtenances on this property must comply with current City of Evans regulations. Section 4 - Financing Extension of Municipal Services All of the services provided by the City will be financed through existing sources of revenue, and include revenues from property, sales, and franchise taxes. Section 5 - Existing Taxing Districts The following districts/agencies are being notified of this annexation as per C.R.S. §31-12-108: Weld County—Board of County Commissioners, Attorney, and Planning School District RE-1 Northern Colorado Water Conservancy District, Central Colorado Sub-District Central Weld County Water District LaSalle Fire District Weld County Library District Aims Community College Section 6 -Local Public School District Impact No new residential development is proposed or would be allowed under the requested light industrial zoning. As stated in Section 5, School District RE-1 has been notified of the annexation petitions. 2 Exhibits Exhibit A—Vicinity Map Exhibit B —Annexation Maps/Legal Descriptions Exhibit C—Pre-Annexation Agreement 3 / T&' "F M I ' I ' ITT r ysoi.i �{ �� i . w.Aa 1 ♦1; i-- ,fir,n4^_'. .rr„r� i. .:....,:r • , 6;e1, 0- , -,,... ,„61;f1::::":' ' --as3 ': , ,,,„ .„,__. A -b.y ' -$ 1 ••' ''',4.-3/41.:`''.:--r---, t ;w 1.,, i`"�. i . ,,N477,....A.7.7.._," _.,.(-) -1g i , 1 f �, s . i 'a - `l Rfi t II f � � _ CEnviroTechyServlces 1 - - &k '. r3 1 gy' 4 "N�' 1,' ,1.e r rk 7:1-::c EJ 1 ' 1, Proposed GWE Site 1 i ar• f .. . J41 '; ` 1 i -f,7-sere,-.., d !i 11 ] t C 1 1 1 „ • 11 1 it 5''"r SaTc w '11 1 1 +i `�6 � k O' . 1 3 r r e' 1 ,t it.,' r�;w., stx 1- I1 ' - ,.$ - s 1 4 h rr5 1 r £3n 1 --c-:1.r/ ,� � .$ �� 1 xsYrt ' L{ c. r -Pi� t +� asr x ki . x - 3t ' lb 111 q'l� " I s� Il S — !>s s 1 t p F;; Y S, t .' 1 4.,t:.1 11- C.unty - a. -6 Y - 85 Legend Vicinity Map e Intent to Annex: Project Area �-r .. EnviroTech �I I Evans City Limits OLORADO Annexation �C { Public Works Department LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. EXHIBIT C ANNEXATION AGREEMENT This agreement is made and entered into this 19th day of June,2007,by and between Richard S.Hill,hereinafter referred to as"Owner,"and the CITY OF EVANS,a municipal corporation of the State of Colorado, hereinafter referred to as "Evans" or "City." WITNESSETH: WHEREAS, Owner desires to annex to Evans the property more particularly described on Exhibit A,which is attached hereto, incorporated herein, and made a part hereof(hereafter referred to as "the Property"); and WHEREAS,Owner has executed a petition to annex the Property,dated June 5,2007,a copy of which petition is on file with the City Clerk; and WHEREAS, Owner has prepared an Annexation Statement and Conceptual Development Plan identifying and illustrating requested zoning,proposed land use and intended development of the Property and more particularly described on Exhibit B, which is attached hereto, incorporated herein and made a part hereof; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement regarding annexation of the Property to the City and other matters as set forth herein;and WHEREAS, Owner acknowledges that upon annexation,the Property will be subject to all ordinances, resolutions, and other regulations of the City of Evans, as they may be amended from time to time; and WHEREAS, Owner acknowledges the need for conveyances and dedication of certain property, including but not limited to property for rights-of-ways and easements, to Evans as contemplated in this Agreement, which are directly related to and generated by development intended to occur within the Property. 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. Information of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary, all 1 terms and conditions herein are in addition to all requirements concerning annexation contained in the Evans Municipal Code,Development Regulations and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et seq. 3. Further Acts. Owner agrees to execute promptly upon request of Evans any and all surveys and other documents necessary to effect the annexation of the Property and the other provisions of this Agreement. Owner agrees not to sign any other petition for annexation of the Property or any petition for annexation election relating to the Property, except upon request of Evans. 4. Annexation Documents. Owner agrees to provide legal documents,surveys,engineering work,newspaper publications, maps and reports determined by Evans to be necessary to accomplish the annexation. 5. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning and land uses presented in paragraph 15 below, and that the granting of such zoning by the City of Evans is a material consideration of the Owner's agreement to annex the Property to the City. Owner shall take all action necessary to permit zoning by Evans of the annexed Property within the time prescribed by state statute. In the event the City does not zone the land in accordance with the uses further described in paragraph 15, then the City agrees not to oppose any disconnection by the Owner, subject to the requirements of state law. 6. Public Use Land Dedication. Owner agrees to dedicate, by General Warranty Deed or other appropriate instrument of conveyance acceptable to the City all of Owner's right, title and interest (subject to exceptions of record permitted by the City), in and to the applicable Property a portion of the territory to be annexed for public open space or other public purposes as directed by the City, in addition to easements and rights-of-way for streets and other public ways and of other public purposes, all as required by City ordinances and resolutions in effect at the time of the dedication. Owner shall have no obligation to dedicate any land for development of public improvements for the following: public school, sewer/water treatment facilities or related facility, power generation plant, library, police station or fire station. 7. Water and Wastewater Utilities. At such time as City main water and/or sewer lines are adjacent to the Property, Owner shall tap onto the City's water and/or sewer lines and pay the appropriate tap fees and for water, dedicate required raw water. 8. Water Rights Dedication. Owner need dedicate no water rights until such time as the conditions referred to in paragraph 7 occur. 9. Non potable irrigation. Based on the foregoing type of development proposed,Owner 2 will not be required to install a non-potable water system. 10. Municipal Services. Evans agrees to make available to the Property all of the usual municipal services provided by the City,in accordance with the ordinances and policies of the City. The services provided by the City include, but are not limited to, police protection and fire protection. Owner acknowledges that City services do not include,as of the date of the execution of this Agreement, emergency medical services. II. Public Improvements. Required public improvements shall be designed and constructed to City standards by Owner at Owner's expense. Owner further agrees to provide financial guarantees for construction of all required improvements as set forth in each phase of the development, and to dedicate to the City any or all of the improvements as required by City ordinances. The public improvements and financial guarantee shall be set forth in the Development Agreement between the City and Owner. 12. Streets and Arterial Roads. Adjacent "Site Specific Access" improvements shall be constructed to City Standards by Owner at Owner's expense. 13. Drainage. Owner may not be required to provide at Owner's expense a comprehensive drainage study of the entire annexation territory since all water on this site flows to the Union Ditch. This parcel has been historically flood irrigated as farm crop and pasture land. Owner shall provide a preliminary analysis of drainage, certified by an engineer, and the City Public Works Director may then waive the requirement of a comprehensive study if,by his determination, such comprehensive study is not necessary. 14. Reimbursements. To the extent water, sewer, storm drainage facilities or other public utilities are oversized or extended onto property by Owner or to the extent public improvements are built off-site of the Property by Owner, by any District or by the City, for benefit accruing to other parties, said improvements may be eligible for reimbursement. Per Chapter 13.28 of the Evans Municipal Code, City agrees to use its best efforts to maximize the opportunity for, and amounts of reimbursement payable to Owner in connection with the development of any other property tapping onto or otherwise making use of any such improvements. The City agrees to coordinate the execution and delivery of necessary reimbursement agreements among the City,the Owner and the owner/developer of any other such property in order to obtain such reimbursements for Owner. 15. Zoning and Land Use. (A)Conceptual Plan. Owner and City shall mutually agree upon a conceptual land use plan that is in accordance with the Outline Development Plan for the EnviroTech Project as shown in Exhibit B. 3 Owner agrees the design, improvement, construction, and development of the Property described herein shall be in conformance with the City of Evans Design Guidelines, as those requirements exist at the time of site plan application. (B)Rezoning Process. Upon submittal of required materials,Owner's rezoning request shall be processed concurrently with the petition for annexation. Land use is subject to the police power and legislative authority of the City of Evans. 16. Agricultural Use. The City agrees that Owner may continue the agricultural uses on the undeveloped portion of the property that are presently being conducted on the Property in the same manner as they have historically been performed. 17. Limitation on Fee Impositions by the City. The City agrees that the Property shall be subject to typical development fees similar to those that are imposed on other developments in the City pursuant to the City's regulations and ordinances unless otherwise mutually agreed upon by the Owner and the City. 18. Developer's Agreement. In a form provided by the City,Owner and the City shall enter into a public improvements developer's agreement. The final form of the developer's agreement shall be subject to mutual agreement of the parties on the terms and conditions of the same. The developer's agreement shall be signed prior to issuance of any building permits. 19. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with all applicable laws and ordinances and that Owner shall comply with all City ordinances, resolutions and regulations including without limitation, ordinances, resolutions, and regulations pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to City streets, and flood control. 20. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, governmental,or police powers to promote and protect the health,safety,and welfare of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 21. Disconnection. No right or remedy of disconnection of the Property from the City shall accrue from this Agreement. Disconnection may only be obtained by express written approval of the City Council after hearing as provided in the Evans Municipal Code. In the event the Property or any portion thereof is disconnected,Evans 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. 4 In the event the City does not approve the zoning and development plan as set forth in paragraph 15 within ninety (90) days of the completion of the annexation, Owner may request disconnection and the City agrees not to oppose disconnection unless delays are caused by Owner. 22. 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. 23. Fire Protection District Exclusion. Owner agrees to petition out of the La Salle Fire Protection District and does hereby irrevocably appoint the Fire Chief of the City of Evans, its true and lawful agent,and attorney for the Owner and in the Owner's name and stead to sign and execute any and all petitions, documents and writing pertaining to the lands herein described which shall be necessary and appropriate to petition out of such district. 24. Water Conservancy Municipal Subdistrict Inclusion. Pursuant to CRS 37-45-136(3.6), Owner consents to inclusion of the property into the Municipal Subdistrict,Northern Colorado Water Conservancy District, when the annexation becomes effective. 25. Site Specific Provisions. A. Other than access improvements, Developer will not be required to provide funding or assist in any way with any upgrading of any roadway or structure on or adjacent to present Weld County Road (WCR) 33 as it is situated between WCR 394 and WCR 46. B. Inasmuch as the subject property and project is being purchased by Owner without ground or surface water rights, any future water purchases as made by Owner so as to allow Owner the use and benefit of the Project shall remain solely the property of Owner, its subsidiaries, and assigns. When public water becomes available, Owner shall be granted a water tap from the City provided Owner pays the appropriate tap fees and provides the required water dedication. Accordingly, Owner will dedicate, through conveyance of water rights, an appropriate quantity of water in exchange therefor. C. The City of Evans represents that as part of the proposed annexation, it specifically will allow Developer to construct in-ground lined storage ponds located not closer than 50 feet from any presently or hereinafter completed oil and gas well head, and not less than a 30 foot distance from existing tank batteries and separator equipment. The Developer shall not construct buildings located less than a 150 foot distance in any straight line from any present or hereinafter completed oil and gas well head or less than a 300 foot distance from any existing tank batteries and separator equipment. In addition, the City of Evans approves, as long as built in conformity with the City's 5 present Building Code (if applicable), the construction, within the same area, of pump bases and canopies so that Developer can move its liquid products into and out of the intended in-ground lined storage ponds. This includes the securing and protection of said pumps, valves, and electrical powering equipment. D. The subject property is presently zoned as Agricultural within Weld County. EnviroTech Services, Inc.,desires to have the property re-zoned as"I-2"Medium Industrial District Zone by the City of Evans. If the property is not granted the"I-2"zoning by the City of Evans, at its discretion, EnviroTech Services, Inc., may disconnect the property from the City of Evans. The City of Evans agrees not to dispute this action. 26. Future Cooperation. The parties agree 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. 27. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained in this Agreement is intended to create a partnership or joint venture between the City and Owner or between the City and any one or more of the individual owners listed above, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the parties of any activity, function, or service, nor does it create a joint enterprise, nor does it constitute any party hereto as any agent of another party hereto for any purpose whatsoever. Except as specifically otherwise provided in this agreement, no party shall in any way assume any of the liability of any other party for any act or obligations of the other party. 28.Amendment This Agreement may be amended only by mutual agreement of the City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk and 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. 29. Entire Agreement This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications,representations,or agreements,either verbal or written between the parties. 30. Owner. As used in the Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. In the event of a transfer of all or any portion of the Property, the transferring Owner shall be relieved of any and all obligations under this Agreement that arise after the date of such transfer with respect to the transferred Property. 6 31. Amendments to Law. As used in this Agreement,unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner, however as are not in conflict with this Agreement. 32. Binding Effect. This Agreement shall be binding upon and inure to the benefit of all the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 33. Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the Property. 34. Breach by Developer; City's Remedies. A. In the event of a default or breach by the Owner of any term,condition, covenant, or obligation under this Agreement,the City may take action,as it deems necessary to protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship. The City's remedies include: (i) The refusal to issue to the Owner any development permit, building permit, or certificate of occupancy. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers; (ii) A demand that the security given for the completion of the public improvements be paid or honored; (iii)The refusal to consider further development plans within the Property; and/or (iv)Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the City or City residents,the City shall provide the Owner ten(10)days written notice of its intent to take any action under this Paragraph during which ten-day period the Owner may cure the breach described in said notice and prevent further action the City. B. Breach by City. Parties agree that in the event of a breach by the City,Owner will have the right to seek all remedies provided by law. 7 C. Attorney's Fees. If any party breaches this Agreement,the breaching party shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforcement of the terms and conditions of this Agreement. 35. General Provisions. City shall: A. Cause its staff to timely and promptly approve or disapprove written submittal by Owner of any plans, specifications, drawings, details or other pertinent data required in connection with any water line, sanitary sewer line, storm drainage or other utility serving the Property or any improvements within any dedicated right-of-way on the Property. Any disapproval shall set forth the items disapproved together with the reasons for such disapproval. B. Use its best efforts securing, construction and maintenance agreements from governmental or private entities in order to allow Owner to fulfill its obligations under this Agreement and to proceed with development of the Property. C. Cooperate with Owner with any filings,applications,approvals,or other administrative procedures with governmental entities other than the City, which is necessary to allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner. D. Provide police and other municipal services to the Property to the same extent as those services are provided by City throughout the balance of the City,pursuant to the City's uniform applied policies. E. Not unreasonably withhold its consent or approval when any consent or approval is required. Owner shall notify the City of assignments and the name of the assignee(s)upon the sale or other transfer of any portion of the Property. The transferor of such portion shall be released from all liability and obligation under this Agreement relating to such portion and all such liabilities and obligations shall be assumed by the transferee(unless transferee is a governmental entity). Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing codes,ordinances or as a waiver of the City's legislative,governmental or police powers to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this agreement prohibit the enactment by the City of any fee which is of uniform or general application. It is understood and agreed by the parties hereto, that if any part, term or provision of this Agreement is by a court determined to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and 8 obligations of the parties shall be construed and enforced as if the agreement did not contain that particular part, term, or provision held to be invalid. This Agreement may be enforced in any court of competent jurisdiction. 36. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered, sent by facsimile transmission, or sent via 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, provided a hard copy is mailed the same date. 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 City: City of Evans Notice to Owner: Attn: City Manager EnviroTech Services, Inc. 1100 37`h Street Attn: General Counsel Evans, CO 80620 1140 38th Avenue, Suite 1 Greeley, CO 80634 With copy to: R. Russell Anson, City Attorney P.O. Box 336155 Greeley, CO 80633 37. Election. Owner agrees that he/she/it is voluntarily entering into this Agreement. Owner represents and submits that to the extent an election would be required pursuant to C.R.S. §31-12- 112, as amended,to approve the annexation or to impose terms and conditions upon the Property to be annexed,Owner owns 100 percent of the Property,excluding public streets and alleys,and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 38. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the Property are subject to the legislative discretion of the City Council of the City of Evans. In the event that, in the exercise of its legislative discretion, any action with respect to the annexation, zoning or special use approval for the Property, as contemplated herein and in the proposed Conceptual Development Plan for the Property, is not taken or if once taken and Owner is in full compliance with such annexation, zoning or special use approvals is not maintained,then the Owner may withdraw the petition for annexation and seek disconnection from the City in accordance with state law, as may be appropriate and City agrees not to oppose. 39. No Third Party Rights. This Agreement is made solely for the benefit of the parties 9 hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 40. 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. 41. 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. 42. No Warranties by the City. The City is entering into this Agreement in good faith and with the present intention, on the part of the present City Council, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the City makes no representation as to the validity or enforceability of this Agreement that no such warranty is made on the part of the City. 43. Attorney's Fees. If any Party breaches this Agreement,the breaching party shall pay the non-breaching party's reasonable costs and attorney's fees incurred in the enforcement of the terms and conditions of this Agreement. In the event that any person, corporation, special district, municipal or county government,or any other entity asserts any claim or appeal against the City,its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S., Section 31-12-101, et seq. the City shall, at all times, have control over the defense of the City in such matters and nothing herein shall be construed to require the City to assert any position which is inappropriate,in the sole judgment of the City. The City and Owner shall confer with each other concerning the defense and/or settlement of any such action. 44. Cost Reimbursement to City. Developer shall reimburse City for outside professional consultants such as engineers, testing companies, and attorneys necessitated by processing and completion of this development. ATTEST: CITY OF EVANS, COLORADO, A MUNICIPAL CORPORATION By: By: City Clerk Mayor 10 LANDOWNER ACKNOWLEDGMENT By: STATE OF COLORADO ) )ss. COUNTY OF ) By: The above and foregoing signature of Richard S. Hill was subscribed under oath before me on this day of , 20 . WITNESS my hand and official seal. My commission expires: 11 EXHIBIT A That part of the Southwest Quarter of Section Two,Township Four North,Range Sixty-six West of the Sixth Principal Meridian, lying north of the Union Pacific Railroad right-of-way, except a triangular piece of land in the extreme northwest corner of the Southwest Quarter. Weld County, Colorado. 12 EXHIBIT.B L1^.rr r:;�fCa1r.C�':J.:y'w•••..T,y�yO,ljA.cy,.Mt..C'^-xivr..x u•:cn.'nnnrx�c H,rhx-1,`M',#" SElt//CI s.. _ Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition Background: EnviroTech Services, Inc., herein identified as ESI, is an entrepreneurial company, which like the City ofEvarrs, recognizes benefits realized through regulated planning&growth activities. Incorporated in 1989, GS!has judiciously grown to become an indusit y leader in envirornnentally friendly de-icing & dust control products as well as a respected Colorado company. CSI cvavrnifv shares a Weld County USR facility With Us sister company- Centennial Ag. This shared site inherently imposes storage capacity lilnitatiort.c as well as reduced opporttutities for plant efficiency& organizational gains. To improve opportunities, ESI desires to develop an independent site. The proposed rezoning is consistent with the City of Evans Municipal Code. The adopted City of Evans Municipal Code allows for an Annexation &Change of Zone submittal petitions when an individual or company recognizes a benefit to seeking such action. In this.case, ESI seeks annexation &re-zoning of Weld County Parcel No..105702000077 from Agricultural to an 1-2 Medium Industrial designation for reasons which parallel our interpretation of Evan's Comprehensive Plan. Primary to ESI's land search criteria was access to the Union Pacific Railroad (UPRR) in an area where UPRR can provide multiple days per week rail deliveries. Meetings with the UPRR personnel directed ESI's land search to the UPRR,Ft. Collins line,.west of the La Salle switching yard &east of the UPRR weight restricted bridge over the South Platte River. Further dialogue with UP RR Sr. Business managers indicated their intent to direct more industrial Customers to the same area. In reviewing the UPRR's recommended search area, ESI became aware of the Evans Growth Corridor,which extends south to HWY 85•and their annexation of land for an industrial ethanol manufacturing facility. Encourage by this proposed industrial use and conversations with The City of Evans Planning Department, ES•I entered into a purchase option on a 40-acre parcel, lying north of the proposed ethanol facility—adjacent to the UPRR tracks. ESI's assessment concludes this site selection, while outside a municipality, conforms to the local natural growth pattern and industrial suitability of the land. Furthermore,this subject site is located inside an urban growth boundary, where Industrial development approval has been granted to adjacent land. • Page 1 of6 Agif- SlRV/cES, II✓C Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition The proposed use is compatible with the surrounding land uses. The proposed ESI site resides in a prime rail corridor between Miller Feedlot and Five Rivers Cattle Co. Both companies employ trucking operations to support their business. The immediately adjacent land is currently employed in various agricultural and industrial purposes,as listed: The properties located West, North,and East are currently use as agricultural and. Primarily pasture land accounts for the majority of the Northern acreage, approximately 140 acres of pivot irrigated corn to the West, and 140 acres of vegetables to the.East. The City of Evans has annexed Weld County Parcel:N.o.105702000078,for the expressed interest on which to locate the proposed Great Western Ethanol manufacturing facility. This acreage's irrigation pivots have been removed leaving the site idle for the.past few seasons. This industrial annexed parcel lies directly south of the proposed ESI site. Since the company's inception, ESI has and currently co-exists with agricultural operations surrounding Centennial Ag's Kersey site and will fit well with the proposed 1-2 annexed ethanol plant. Does the property have soils with moderate or severe limitationsfor construction? Per the.Soils Assessment Report prepared by Two Rivers Engineering, February 2007,Page 4, "The soils encountered on the site appear to have very few limitations concerning the proposed construction. It appears she construction of above ground structures such as buildings, tanks, and roads can be approved without additional constraints. Septic systems will require.additional soils investigation and the design to be provided by a Professional Engineer. The seepage of liquids into the soils tvill require the storage lagoons to have a lined system." Are the road and/or highway facilities,providing access to the property, adequate to meet the equipments of the proposed zone district? Yes, ESI anticipates an average of twelve truck trips originating from the site daily. Does a sand,gravel, or other mineral resource lie on or under the subject property? Per the Soils Assessment Report prepared by Two Rivers Engineering, February 2007, Page 4, "Based upon our review of the NCRS soil data, it appears the site would not be considered a Commercial Mineral Deposit. Therefore the proposed construction does not need to take into account the extraction of mineral during their design." Page 2 of �':'}� y'itGFi�C�LJP cr . t`T^, ?f x+ xe }:� s}x-riyvtmwaRw,S.-.sr cr xa ya�rryw .w, q'e r SERVICES INC. Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition Intended Use is Compatible w4'ith. Future Development and Master Plans of affected Municipalitl, • The City of Evans has annexed Weld County Parcel No, 105702000078 for the expressed interest of locating the proposed Great Western Ethanol manufacturing facility. This proposed 300+acre industrial annexed (1-2 Zoned)parcel lies directly south of the proposed ESI site. When finished,this facility will comprise rail lines, office structures, fermentation systems, storage silos and truck scales. Discussions with City of Evans Planners and Director of Public Works indicate their desire to continue to develop the area rail property into industrial sites. They informed ESI that ESI's intended purpose is compatible with their 1-2 designation, as provided to Terra Holdings. ESI &Great Western Ethanol are two businesses which depend upon railroad access; however, EST's facility is minor when compared to the adjacent ethanol plant's area &impact. Intended Use Complies with Applicable County Overlay Districts Per conversations with Weld County Planners,this parcel does not reside in a Weld County Flood Hazard,Geological Hazard,or Airport Overlay District. Intended Use will Conserve Prime Farmland The included geo-tech soil analysis and field studies provide evidence that the parcel consists primarily of Otero sandy loam and Julesburg sandy loam to a depth of 40 feet. Per the Weld Assessor's records,this property's assessed 2006 taxes were$523.8& Based upon a 10 year average and 42.181 mill levy,this land produced $1,070.67 per acre, However;as of 2006,the decreed agricultural well has been shut down by the Colorado Division of Water Resources Engineer. Land production has and will continue to decline. Intended Use has Adequate Provisions for the Protection of the Health,Safety and Welfare of the inhabitants of the Neighborhood and County A prime focus of this company is to provide environmentally friendly products for road de-icing,road stabilization, and dust control. All products transported by ESI do not.require a DOT placard, have little odor, and are non-flammable. ESI intends to design and operate this facility within all federal, state and local regulations and is willing to speak with any neighbor or authority who voices concerns. Page 3 of 6 Ars I 5.Ef/U/CE5; /NC: Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition Proposed use of the Property ESI is an established reputable business that primarily provides•magnesium chloride products for winter road de-icing and summer un-improved road dust control. This proposed site will be the principle location far ESI's Colorado operation. The immediate proposed use of this property is such: The site will contain: • A 12,000 square foot combination office,warehouse and truck shop. • A two-switch railroad spur-approximately 2,800.ft in length. • Two lined magnesium chloride brine storage ponds. Total volume approximately 6.5M gallons. • A tank battery consisting of a combination of vertical and horizontal storage vessels. All controlled within a secondary containment structure. • A truck load-out station & scale. • A fuel station with secondary containment. • Various small structures (16'x16')for pumps, boilers,flow meters,blending systems, .etc... Long term future uses to include: • An Research &Development/Scale-up facility. • An under-rail off-loading conveyor system for unloading granular bulk product from hopper railcars. • A bagging facility for consumer packaged granular de-icers. • Other rail and ground trans-loading operations, yet to be determined. How many employees are proposed to be employed at this site? ES l's current staff level at the Kersey location is 14 employees. ESI does not anticipate increasing appreciably from that level. How many people will use this site? ESI Estimates up to 20 people may utilize this site. ESI employs contract drivers when product demand requires such action. Also, various ESI supporting functions, such as Quality Assurance, Research & Development,end Engineering will occasionally work at the site. What are the hours of operation? Currently our prime hours of operation are from 7:00 AM to 7:00 PM. ESI does employ contracted drivers who prefer to operate non-regular hours due to the benefit of less traffic congestion, but they haul a small percentage of our annual volume. Page 4 of 6 SEawcES, INC Statement from EnviroTech Services, Inc. Concerning Annexation / Change of Zone Petition What kind (type, size,weight)of vehicles will access this site? E=S1 utilizes Class 8 straight trucks with pups and tractor trailers with transports. Maximum gross combined vehicle weights do not exceed 80,000 lbs. Who will provide fire protection to the site? Initially, fire protection will be provided by the La Salle Fire Department. The City of Evans has plans to construct a Fire House adjacent to this parcel. What is the water source on the property? ESI desires CWCWD service to the office structure for limited facilities usages, but has been denied due to the existing water main being at capacity. In a letter to ESI, CWCWO's General Manager John Zadel stated,"Additional capacity for a single 5/8" tap will require major improvements to the District's distribution system." ESI is currently engaged in establishing an augmentation plan for the site and may petition the Colorado Division of Water Resources to re-permit the existing exempt domestic well to allow usage for office facilities. The site is currently serviced by well water. Well permit number 250770, governs one exempt well. Decree W-2822, allows an agricultural well, which is not currently included in a recognized augmentation plan. What is the sewage disposal system on the property? Currently, two houses on the property share a non-conforming septic system. ESI will construct a county permitted septic system for any new construction and will correct the existing non-conforming septic system if the existing structures are to be utilized with running water, What types of items will be stored at this Facility? This ESI location is a storage site for liquid magnesium chloride brine as well as associated corrosion inhibitors and performance additives. ESI also will store water soluble lignosulfonate, glycerin,surfactants and potassium chloride. Currently ESI stores consumer packaged ice melt and asphalt repair products in area warehouses. These too will eventually be warehoused on-site. Proposed Landscaping for the Site ESI plans to occupy the site's western third 10 acres. This location provides the ability to utilize the parcel's existing cottonwood and elm trees as a northern boundary screen. The site's proposed road access from WCR 33 will be landscaped in native drought resistant vegetation. Page 5 of() Atimmy 4IR7-41 t .HYu;'fik QD SE tRY/cES,' /NC Statement from EnviroTec.h Services, Inc. Concerning Annexation / Change of Zone Petition Storm Water Drainage Plan The site's topographical profile indicates a slight slope toward the northeast. Contracted geo- tech soil analysis and field studies provide evidence that the parcel consists primarily of Otero sandy loam.and Julesburg sandy loam to a depth of 40 feet. This highly porous soil combined with the absence of slope mitigates most runoff. In addition,due to a non- adjudicated well, the farm land no longer is under irrigation and the site's preliminary design has placed roofs, parking lots and hard packed surfaces away from the neighboring ditch. Construction Duration &Scheduled Initial construction estimates indicate site preparation&pond construction will require 4 weeks. Rail construction will require 5 weeks: These two activities will be accomplished somewhat.simultaneously. The overall estimated construction duration will require 7 months. The construction commencement date is contingent upon two factors—project approval from The City of Evans & railroad design approval from the Union Pacific Railroad. ESI anticipates beginning construction the summer of 2007. Page 6 of 6 _ U 03 < }< \ u / - \ . \0- .z \ t ± / ( a) /\ \ o " § ) _ -0 / { ( { \ > ( ° \ \ Ill o a. \ v ca u cv - \ \ m O I » C f o . \ - \ � 0- @ y — r § \ ) \ \ & \ \ ® , en \ 0 ) ; -- } r k } �l Q \ \ m I:“)% - < f I 2 \ \ (§5 w »® ` a 1 o = Es :E/§/§ () \ § / 1 ` m I\ — / c 2© \ §} , ao I , ® \ $\ - � / \ \$ ( / \ ca—I \ \ �\ o \ _ - \ ® § ) | /\;f; ` , N ) § )`§{)/ .7 ti , s / §»:!r ° ;§ to 0bd/§ 12 �/ //\/ { _ 43 \cn / — Q o \ LU 3 1300 \ { -1 / CO w 0 r . \ , ! o O # _ » i ! , - o ` / a \ ]3 \ 2 ' N. _ } u1y - - \ \ a \ . co w 4 ° CEPa &eom# c � . u t < Hello