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Home My WebLink About20063111.tiff • illr _ City of Dacono , Colorado ` , Ala i November 2, 2006 Clerk of the Weld County Northern Colorado Water Mountain View Fire Bd. of County Comm'rs. Conservancy District Protection District P.O. Box 758 P.O. Box 679 9119 County Line Rd. Greeley, CO 80632 Loveland, CO 80539 Longmont, CO 80501 Bruce Barker,Esq. Dacono Sanitation Dist. Longmont Conservation Dist. Weld County Attorney P.O.Box 204 9595 Nelson Road,Box D 915 10th Street Dacono, CO 80514 Longmont, CO 80501 Greeley, CO 80632 Town of Frederick Town of Firestone Central Weld County Water Dist. P.O.Box 435 Box 100 2235 2nd Avenue Frederick, CO 80530 Firestone, CO 80520 Greeley, CO 80631 Weld Library Dist. St. Vrain Sanitation Dist. Carbon Valley Recreation Dist. 2227 23rd Avenue 11307 Business Park Cir. 701 5th Street Greeley, CO 80631 Firestone, CO 80504 Frederick, CO 80530 Weld County School Dist. RE8. 301 Reynolds Street Fort Lupton, CO 80621 Dear Sir or Madam: Enclosed please find notification for a proposed annexation to the City of Dacono,Colorado,to be known as the Huge RV and Boat Storage Annexation. The Public Hearing on the proposed annexation is scheduled for Monday,November 27,2006 at 7:00 p.m., as described in the enclosed Resolution No. 06-59. Also enclosed is a copy of the Petition for Annexation as filed and the notice published in the Farmer&Miner on October 25, and November 1, 8, and 15, 2006. CITY OF DACONO, COLORADO Valerie Elliott-Lucero, City Clerk cc: Karen Cumbo, City Administrator Joe Gerdom, City Planner 512 Cherry Street • Post Office Box 186 • Dacono, Colorado 80514 Local—(303) 833-2317 Metro—(303) 833-5562 Fax—(303) 833-5.`"" -!<../3uc ,?zip (20: '% 3O 07171 2006-3111 (/-C2-Oc RESOLUTION NO. 06-59 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE CITY OF DACONO,FOR PROPERTY TO BE KNOWN AS THE HUGE RV AND BOAT STORAGE ANNEXATION TO THE CITY OF DACONO, AND SETTING A PUBLIC HEARING THEREON. WHEREAS,a petition for annexation of certain property,to be known as the Huge RV and Boat Storage Annexation,has been filed with the City Council of the City of Dacono; and WHEREAS,the City Council has reviewed the petition; and WHEREAS,the City Council wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS,the City Council has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DACONO,COLORADO: Section 1. The petition,the legal description for which is attached hereto as Exhibit A,is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The City Council will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. § 31-12-104 and with C.R.S. § 31-12-105,and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition,at the Dacono City Hall,512 Cherry Street,Dacono,Colorado 80514,at the following date and time: November 27,2006 at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing,the City Council will set forth,by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation,and whether the statutory requirements for the proposed annexation have been met,and further,will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the City Council concludes,by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, 1 the City Council will pass one or more ordinances annexing the subject property to the City of Dacono, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED,READ, SIGNED AND APPROVED this 9th day of October,2006. CITY OF DACONO,COLORADO By: ade Carlson, Mayor • ATTEST: By: Valerie 1 iott-Lucero, ity Clerk 10/6/2006 730 Wed)S:1DcoeoUemcieaUWge RV&Boat Smngelsub.C mp.rnAoc 2 EXHIBIT A A TRACT OF LAND LOCATED IN THE NW1/4 OF SECTION 24, T1N, R68W OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE N1/4 CORNER OF SAID SECTION 24, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 24 BEARS N89'25' 38"W, 2613.29 FEET (RASIS OF BEARING) , THENCE 500'06'45"W, 30 . 00 FEET ALONG THE EAST LINE OF THE NW1/4 OF SAID SECTION 24 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 8 BEING ALSO THE TRUE POINT OF BEGINNING: THENCE 500'06'45"W, 2640 . 58 FEET ALONG A LINE WHICH IS CONTIGUOUS WITH THE CITY OF DACONO CORPORATE LIMITS BEING ALSO THE SAID EAST LINE OF THE NW1/4 OF SAID SECTION 24; THENCE N89.52' 59"W, 86 .24 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 24 TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE BOULDER-BRIGHTON BRANCH OF THE UNION PACIFIC RAILROAD; THENCE N70'28' 59"W, 369. 73 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BOULDER-BRIGHTON BRANCH OF THE UNION PACIFIC RAILROAD TO A POINT OF CURVE TO THE RIGHT; THENCE NORTHWESTERLY, 69. 36 FEET ALONG THE ARC OF SAID CURVE AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BOULDER-BRIGHTON BRANCH OF THE UNION PACIFIC RAILROAD TO THE EASTERLY RIGHT-OF-WAY LINE OF THE DENVER-FT. COLLINS BRANCH OF THE UNION PACIFIC RAILROAD CONVEYED TO S.H.H. CLARK, ET AL. , RECEIVERS OF THE UNION PACIFIC RAILROAD COMPANY, AS DESCRIBED IN WARRANTY DEED RECORDED DECEMBER 11, 1895, IN BOOK 140 AT PAGE 52 OF THE RECORDS OF WELD COUNTY, COLORADO, SAID ARC HAVING A RADIUS OF 2814 . 93 FEET, A CENTRAL ANGLE OF 01'24'42" , AND BEING SUBTENDED BY A CHORD THAT BEARS N69.46' 38"W, 69. 36 FEET; THENCE NORTHWESTERLY, 508 . 59 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID DENVER-FT. COLLINS BRANCH OF THE UNION PACIFIC RAILROAD TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 452. 60 FEET, A CENTRAL ANGLE OF 64'23' 01" , AND BEING SUBTENDED BY A CHORD THAT BEARS N25'43' 04"W, 482 .25 FEET; THENCE N06'28' 25"E, 1091. 96 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID DENVER-FT. COLLINS BRANCH OF THE UNION PACIFIC RAILROAD TO THE SOUTHERLY LINE OF THAT TRACT OF LAND CONYEYED TO THE GREAT WESTERN SUGAR COMPANY AS DESCRIBED IN QUIT CLAIM DEED RECORDED SEPTEMBER 30, 1919, IN BOOK 535 AT PAGE 528, ALL OF THE 3 RECORDS OF WELD COUNTY, COLORADO; THENCE 583'31' 35"E, 150 . 00 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 535 AT PAGE 527 AND IN SAID BOOK 535 AT PAGE 528 TO THE SOUTHEASTERLY CORNER THEREOF; THENCE N06'28' 25"E, 1000.00 FEET ALONG THE EASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 535 AT PAGE 527 AND IN SAID BOOK 535 AT PAGE 528 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 8; THENCE 589'25' 38"E, 329.37 FEET ALONG A LINE WHICH IS CONTIGUOUS WITH THE CITY OF DACONO CORPORATE LIMITS BEING ALSO SAID SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 8 TO THE POINT OF BEGINNING. CONTAINING 32 .302 ACRES, MORE OF LESS. • 1 � City of Dacono 512 Cherry Avenue Dacono, CO 80514 Attention: Regarding: Annexation of Hugh RV and Boat Storage; a tract of land located in the northwest 3/4 of section24, Township 1 North, Range 68 West of the 6 TH P.M., County of Weld, State of Colorado. Generally containing 32.5 acres more or less. (the Property) AUTHORIZATION AND;CONSENT This letter is written to notify the City of Dacono the Henry W. Johnston, owner of the above referen4..Prop_ert ,authorizes James it FitzSimmons,Inc, represented by James R.FitzSinunons as Manager,to execute Land Use Applications, Cost Agreements or other application documents related to the proposed annexation, zoning, and development of my property legally described in the attached Exhibit A. Notwithstanding the foregoing, no approvals shall be final without my signature. rt This consent further authorizes James R. FitzSimmons, Inc,to address and negotiate issues arising form such development. This consent is granted with my understanding that James R FitzSimmons, Inc has the financial obligation for expenses incurred to the City of Dacono with reference to the evaluation of these applications. eery W. hnston s •rn to and before me this Mot day of August,2006 by S r • : a My commission expires ci= 4r 49 pr: F .c.'_ :q. . is8 (( //NNootary Public Henry W. Johnston 4015 County RD 13 Dacono, CO 80514 James R.FitzSimmons,Inc 1148 Opal St—Unit 201 Broomfield, CO 80020 i PETITION FOR ANNEXATION Huge RV and Boat Storage L.L.C. TO: [kit CITY COUNCIL OF flit CITY OF DACONO, COLORADO We, the undersigned landowner, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the unincorporated territory,the legal description of which is attached hereto is Exhibit A and incorporated herein by this referees. located in the County of Weld and the State of Colorado,'and to be known as the Hugh RV and Boat Storage LLC Annexation to the City of Dacono. AS part of this petition, your petitioner fiather state to the City Council that: 1. It is desirable and necessary that the territory described in Exhibit Abe annexed to the City of Dacono. 2. The requirements of Sections 31-12-104 and 31-12-105, C.RS., as amended, exist of have been met in that: EL. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Dacono. • b. A community of interest exists between the area proposed to be annexed and the City of Dacono.. c. The area proposed to be annexed is urban of will be urbanized of the near future. d. The area proposed to be annexed is integrated with or is capable of being nitrated with the City of Dacono. e. No land within the boundary of the territory proposed to be annexed which is held ia identical ri p,whether consisting-of-ene-tractor-parcel of- real estate or two or pore contiguous tracts or parcels of real estate, has been divide into separate parts of parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street,road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprises twenty acres or more, and which,together with the buildings and improvements situated thereon, has as assessed value in excess of two hundred thousand dollars($200,000.00)for ad valorem tax purposes for the year next preceding the annexation, has been included within the area 1 proposed to be annexed without written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school districts. i. the annexation of the territory proposed to be annexed will not have the effect of extending the boundary ofitheCity of Dacono more the three miles in any direction from and point of the boundary of the City of Dacono in any one year. j. The territory proposed to be annexed is 32.57 acres in total acres. k. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways,waterfronts, parkways, playgrounds, squares,parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation,transportation, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. 1. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners,owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. m. If required, an impact report will be prepared and filed pursuant to Section 31-12-108, CRS. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation'b)such territory. The signatures of the petition comprise one-hundred percent(100%) of the landowners of the territory 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. 2 J 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared by and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of!'le location of each ownership tract ' unpiatted land and, if part or seise or me area is platted, the boundaries and the plat numbers of plots or or lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Dacono and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimension of such contiguous boundaries. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the City of Dacono, except for general property taxes of the City of Dacono,which shall be come effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Light Industrial. The petitioners agree that said annexed land shall be brought under the provisions of Chapter 16 of the Dacono Municipal Code within ninety(90) days from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the City of Dacono to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time,in the sole discretion of the City, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the City. 8. If required by the City, an annexation agreement has been or will be executed by the petitioners herein and the City of Dacono relating to this annexation and the petitioners set forth in the annexation agreement. 9. the petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the City, appear on the annexation map: 3 a. Water rights shall be provided pursuant to City ordanance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: WHEREFORE,the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the City of Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: 4 • I I Afl IDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon orth deposes and says: That James R FitzSimmons was the circulator of the foregoing Petition for Annexation of the lands to the City of Dacono, Colorado, Consisting of 6 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. ICkAm 9- James R Fitz 'mmons ACKNO "►,l_� STATE OF COLORADO ) - RICH, Obi i )ss f; COUNTY OF WELD ) ?F' OPe. os oo� The above and foregoing Affidavit of C. Eckesdbeil and sworn to before me this a 3 day of Glfrcg 2007 Witness my hand and official seal. 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At 7ir,Y � **` at b 'ttr" dar bEtra41Mq tlDne #VA-- NKY i" A Y6r as. .: 'Ag ik5 an+r - ^k�taso ' ON iteaggi eF 2 .zd fie, ayp�r gppo� aF THE M9t1 O Y_t.------- DFIOWEw- i n frPri.bps aid'be me€ln,. 0is !- s,-,-;--.7 m ceder - Ertig - 'VYa.� afrotr, baN a t �F Pmd�Y� ` i}�CF]S8-S24'F�GtY) l tfl'flk: Y � a • _ -fiM�'-can''a . "it gL;_ ,� F. ( v - s k 0 WkI1 F apt ---w44,,,,5,1-,tr.-4,,,,- a ▪ x ' yts rs a" _ d .A. if 't:,::.'...:".7-;-4:0: 's- "' 134)47.1 -1/2f-';-.40.-,_..,,,,_.,,..____-_,F - ID` `fit -- 04 Yr� T x b v ,may .e= s f 3g "Td, .ab =7-1'rte. �r-:F tY, c4 ' : _ V.;11' F .w,a ' . 'd'`` fit iy r ... .} may�y - _ -4 q$�rs . .i�3. [ "a #Yy - ,�k xa - C et i:."'-- -." , -_..._ ▪ £ ''fit ' - ,'r.''a s.i` `. 'r2 r, t� i i e. { W t S' r t' T"u-, i � a te„ 44444 5.4 {i S a+. i " Ask'I- 4.,r:,-**: • i 9 k"..,i d '$ s S t -" ' sit Y' {£ - •`+ T-1-'01t- 'y-x * `-.n i-t 'C,u-t- _ - 7t - fi S } ^Y „y fi c "s- µ5..f kF - §* tv, • *ter "£ '{ h '�' s y L 1N,2 p f i cz s n ice •I }iL1iI ys a ' w -+,F<$��y■y s *` a` r €-�_ F. b ems` t 3' 1- _ * r4'�u�}fe $ _ 4I1P3IPI n tiros y.a-:#'i° ' .` i3 aySrt rot, City of Dacono Post Office Box 186 • 512 Cherry .Avenue ��' Dacono, Colorado 80514 - 0186 �!% ,�Y 303-833-2317 • Fax 303-833-5528 www.ci.dacono.co.us October 31, 2006 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Huge RV& Boat Storage Annexation Request-Impact Report Dear Commissioners; Please find attached a copy of the Annexation Impact Report for the proposed Huge RV & Boat Storage Annexation. This strip of land is currently located in Weld County. It is located in Section 24, T1N, R68W. The Dacono City Council will consider a request to annex and zone the subject property at a public hearing on December 11, 2006. Please contact me if you need further information or have questions. Sincerely, Donna Case Building& Planning Technician �utt5lte- I /c�'/t l r-oa-a 6 (0 ,Z, So c✓n Annexation Impact Report Hugh RV& Boat Storage October 26, 2006 Prepared By: James R. FitzSimmons 1148 Opal Street-Unit 201 Broomfield, CO 80020 Table of Contents I. Project Description 1 II. Municipal Services 1 III. Special District Impact 1 IV. School District Impact 2 V. Exhibits 2 a L Project Description The proposed Huge RV&Boat Storage area is shown on the attached maps. The area to be annexed is refeued to herein as the Huge RV&Boat Storage and consists of approximately 32.30 acres, excluding ROW for WCR 8, currently zoned A-Agriculture in Weld County. The subject property is located south of Weld County Road 8 and is bordered by see attached map(see exhibit 5). The 32.30 acres lies in as in fill area of existing City Comprehensive Land Use Plan(see exhibit). In conjunction with the proposed annexation, the zoning is anticipated to change from Weld County A- Agriculture to City of Dacono II-Light Industrial zoning. IL Municipal Services Municipal services for the Huge RV&Boat Storage will be provided in the following manner: Electricity: United Power Natural Gas: K-N Energy Telephone: Qwest Water: City of Dacono via Central Weld County Water District Sewer: St. Vrain Sanitation District Fire: Mountain View Fire Protection District Police: Dacono Police Department School: Ft. Lupton School District Services shall be as follows: The water distribution systems will tie into an existing stub out on WCR 8 which was previously installed by a property owner. A septic sewer system will be used until such time as St. Vrain Sanitation is available along WRC 8. IIL Special Districts The area to be annexed will be included within the following special districts: Central Weld Water District Northern Colorado Water Conservancy District Ft. Lupton School District Mountain View Fire Protection District Carbon Valley Recreational District St. Vrain Sanitation District - 1 - IV. School District Impact The proposed annexation is Light Industrial which will not have housing on the property except for a caretaker in the future. No students will be added to the student population from this project. V. Exhibits The following exhibits show the proposed annexation super-imposed on maps provided by the City of Dacono and service agencies. Annexation Exhibit 1: City of Dacono Transportation Plan Annexation Exhibit 2: St. Vrain Sanitation District Planning Map Annexation Exhibit 3: Central Weld County Water District Service Map Annexation Exhibit 4: Dacono Comprehensive Land Use Plan Annexation Exhibit 5: Bordering Land Owners - 2 — c1 Ill( I SAN- EXHIBIT 1 ' t 1 CR16 0 cc e m o 2 a e -0 3A o 4/6 ® 4/6 , _.4/6— 4/4 cR 14 202-1 22 _ � it�." 1 12/21 12/4 4/4 212 I 1 4/4 ® 4/41 2/4 r 2J2 2/2 cR 122J2 2/21 ,._.-12/21-.. _--------12/21.,.._.. r � w 25 2/4 2/4 14/41 12121 eod9 12/21 ICI 12121 t OC j ? CCCC U. "".: 0 2/4 , ---! ,1 2/21- — 212 -etas-,..---2/2 CR 10 2.12 in.....i2/2_k...- �Gq,�- 2/4 12/41-- I 4141 12/�1 ?12 12121 1y�1 rt,___ , � ct U 4/4 jl4/4 . 2/4 cR s 2/2 1 O 2/2 2/2 2/4 12/4 --/4 12121---I 2/2 212 12/21 HUGE RV&BOAT STORAGE CR6 2/4 2/4t ...4----12/4�-....4----12/4 2/41 212 2/2 2/4 ® ....P...... :>X) io ate CR 4 a LEGEND XIX = 2025 Laneage Requirement/ ississms = Freeway Long Range Right-of-Way wissistm = Major Arterial Potential Future Roadways ''"'i" = Minor Arterial swessi = Collector O = Potential Future Interchange — = Local Figure 11 rq E_-! = City Boundary Roadway Plan North Daeono Transportalbn Plan 02-135 5/29/03 St. Vrain Sanitation District EXHIBIT 2 Pk ir li "4.-IL - - rib" .-- Ill rill 4" ► s*.J,�■f,2:6 1I__11 • s urn-rn- .I,. , ,,,... ... ..,, ,... .... ... . ..., „ . ....._ . -7: 11 lite[? � 1 �� 3r5. IP li a , EWA rahl if ? Elio Lonp�_ ,�. ■ill, ■ii _.� 6 TM..PY.la 12 ®MgwYuwGylwrien siswea It is caonwetak, , _ 1^ Dmv_Cianctiktuidv le Cpolieeultaly HUGE RV&BOAT STORAGE 21 Qio-M.lbia.... I a R /a �r EXHIBIT 3 CENTRAL WELD COUNTY WATER DISTRICT SERVICE AREA C C L MainSt Jo. PORT i &5 N.I.S. OWNS :0 .OVC:AKu W _ Wei Para 3d ,._. . y�� jd DIEM Ltot 9EWNOLI:r r 55 287 • COUNTY WATER WELD (� Pu^EVA E DISTRICT 4 .. W a Y,' •-.4 !F. 1 76 OKEENESBLAC. co « .err;.- Eaai UPTCk 2 KOWN 85 j 'ii41�?C HUGE RV&BOAT STORAGE ELD 4114T 38 25 METRO DCMVER rGri 0 `V 1 z ! I W i tIl1fl lid } d1 i { l; Q O U ._1 • h‘,..:._.,4, .,t%., OP • II• ,y w E.., ._.. gl: ,: j ai tn.' .)' 4 . , „ . . ....... ..f...., ..., ,.1 I-.‘fir ---- i.e4 saw. -.40.0.t• . i... �.. i a 0 it ,, L.,:""*.-‘,.....ow , 0 e 2 �; `� 'j X EXHIBIT 5 x . Ma PS BOX III OIICOMC WAR U.C1.\\ OACOfMi. O0.60614 6321 LOOM COST t?IISEI A CQ MOM Mahal IMISC Mt IMO MOD CIRCLE gag cony pi 8 1 IMMINISTIR CO.M0S RCM CO. 10614 i 1 MINOR IOW PALACE OM 5241o0ulnr IN 4073 COUNTY FM 0 �oua' RMOM CO. IOW M 5 MCC CO. 60614 MEOW LIVERY/AM m'yre�w �k OEM LW HUGE RV&BOAT STORAGE CI 110020 MIME. MEN VINIO,NOM 15 ST. OACdIq CQ 00027 JOOSwant sr. �R .�nnww 'C0. M314 CITY DRAFT: October 30,2006 ANNEXATION AGREEMENT (Huge RV and Boat Storage Annexation) THIS AGREEMENT is made and entered into this day of , 20 ,by and between James R. Fitzsimmons, 1148 Opal Street, Unit 201, Broomfield, CO 80020, hereinafter referred to as the"Owner," and the CITY OF DACONO, a home rule municipal corporation of the State of Colorado,hereinafter referred to as "Dacono"or"City." WITNESSETH: WHEREAS, the Owner desires to annex to Dacono the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as the"Property"); and WHEREAS, Owner has executed a petition to annex the property, a copy of which petition is on file with the City Clerk; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS, Owner acknowledges that upon annexation, the property will be subject to all ordinances, resolutions, and other regulations of the City of Dacono, as they may be amended from lime to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for ways and easements to Dacono as contemplated in this Agreement, are directly related to and generated by development intended to occur within the property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation 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 terms and conditions herein are in addition to all requirements concerning annexation contained in the Dacono Municipal Code, development regulations and comprehensive plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. § 31-12- 101, et seq. 1 CITY DRAFT: October 30, 2006 3. Further Acts. Owner agrees to execute, promptly upon request of Dacono, any and all surveys and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the property or any petition for an annexation election relating to the property, except upon request of Dacono. 4. Annexation Documents. Owner agrees to furnish such legal documents, surveys, engineering work, newspaper publication, maps, reports, and other work as determined by Dacono to be necessary to accomplish the annexation. The Owner shall prepare the annexation impact report. 5. Action on Annexation Petition. Dacono shall act upon the annexation petition within six months of the date of filing thereof with the City Clerk, unless Owner consents to later action. 6. Zoning and Development. The parties recognize that it is the intent and desire of Owner to develop the property in a manner generally consistent with the zoning requested and that the granting of such zoning by the City is a condition to annexation of the property. Owner shall take all action necessary to permit zoning by Dacono of the annexed property within the time prescribed by state statutes. 7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the City easements and rights-of-way for streets and other public ways and for other public purposes, as required by City ordinances and resolutions. Such dedications shall occur immediately upon request of the City except that internal rights-of-way shall be dedicated at the rime of subdivision platting,unless the City specifies another time. 8. Public Improvements. Owner agrees to design, construct and convey, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with City ordinances and resolutions and other applicable standards, subject to any reimbursement which may be provided for in such ordinances, resolutions, and standards, and to make such other improvements as required by City ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Dacono, to dedicate to Dacono any or all other required improvements. Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the property. 9. Improvement Districts. If requested by Dacono, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Dacono for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the City Clerk of Dacono as Owner's attorney-in-fact for the purpose of executing all documents determined by Dacono to be necessary 2 CITY DRAFT: October 30, 2006 for such inclusion. If requested by Owner, Dacono agrees to consider the establishment of one or more special improvement districts or other mechanisms for making such improvements. If requested by Dacono, Owner agrees to petition for inclusion of the property into any special district capable of providing services not provided by Dacono, and Owner hereby appoints the City Clerk of Dacono as Owner's attorney-in-fact for the purpose of executing all documents determined by Dacono to be necessary for such inclusion. 10. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with, all City ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to subdivision, zoning, storm drainage,utilities, and flood control. 11. 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. 12. Disconnection. No right or remedy of disconnection of the property from the City shall accrue from this Agreement, other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Dacono 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. 13. 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. 14. Municipal Services. Dacono agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the City which services include, but are not limited to, police protection and water service. Owner acknowledges that City water service has not been extended to the Property as of the date of this Agreement, and Owner agrees that water service to the Property shall be obtained from and provided by the City subject to all ordinances, resolutions, rules, regulations, agreements and policies governing such use, as in effect from time to time, unless otherwise agreed by the City. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, sanitary sewer, fire, or park and recreation services, but the property is presently included within the boundaries of and is entitled to receive such services from special districts providing such services. 3 CITY DRAFT: October 30, 2006 15. Water Rights. Owner, as a prerequisite to annexation, agrees to furnish and deliver ownership to the City the minimum water rights at such time and in such manner as required by the ordinances, resolutions and policies of the City. 16. Owners Association. Upon the request of the City, or if otherwise required by state law, Owner shall organize an appropriate owners' association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act (the "Act"), C.R.S. § 38-33.3-101, et seq. The Owner shall also execute and record covenants and instruments of conveyance that comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas, private facilities, and public or private open space. At least ten (10) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the City for review and comment. It is anticipated that ownership and/or maintenance responsibilities for certain common elements (such as, by way of example and not limitation, entry features, park or recreational tracks, and drainage facilities) may be assigned to such associations, and that such arrangement will be as determined at the time of subdivision or final development plan approval for given parcels and/or unit types within the development of the Property. 17. Special District Inclusion. As a condition of annexation, Owner shall apply for inclusion of the Property within the Northern Colorado Water Conservancy District, the Central Weld County Water District, the applicable sanitation district, the Carbon Valley Recreation District (if the Property is not yet within one or more of these districts), and any other special districts as determined by and immediately upon the request of the City. 18. Special District Exclusion. As a condition of annexation, Owner shall petition for exclusion of the Property from any special districts as determined by the City. 19. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 20. Amendment. This Agreement may be amended by the City and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 4 CITY DRAFT: October 30, 2006 21. 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. 22. Indemnification. Owner agrees to indemnify and hold harmless the City and the City's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorney fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined necessary or desirable by the City in order to effectuate the annexation of the property, or which are in any manner connected with Dacono's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the City's option to pay the attorney fees for defense counsel of the City's choice for, any such liability, claims, or demands. 23. Owner. As used in this 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. 24. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 25. Binding Affect. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk 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. 26. Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the property. 27. 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 Dacono. No assurances of annexation or zoning have been made or relied upon by Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the property herein contemplated is not taken, then the sole and exclusive remedy for the breach hereof accompanied by the exercise of such discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the City in accordance with state law, as may be appropriate. 5 CITY DRAFT: October 30,2006 28. Breach by Owner: City's Remedies. In the event of any default or breach by the Owner of any term, condition, covenant or obligation under this Agreement, the City Council shall be notified immediately. The City may take such 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. City remedies include,but are not limited to: The refusal to issue to the Owner any development permit, building permit, or certificate of occupancy; provided, however, that this remedy shall not be available to the City until after the affidavit described below has been recorded. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers. (A) The recording with the Weld County Clerk and Recorder of an affidavit, approved in writing by the City Attorney and signed by the Mayor or the Mayor's designee, stating that the terms and conditions of this Agreement have been breached by the Owner. At the next regularly scheduled City Council meeting, the City Council shall either approve the filing of said affidavit or direct the Mayor or his designee to file an affidavit stating that the default has been cured. Upon the recording of such an affidavit, no further lots or parcels may be sold within the Property until the default has been cured. The execution of an affidavit by the Mayor or the Mayor's designee and approved by the City Council stating that the default has been cured shall remove this restriction. (B) A demand that any security given for the completion of the public improvements be paid or honored; (C) The refusal to consider further development plans within the Property; or (D) 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 with 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 any further action by the City. 29. Notice. All notices required under this Agreement shall be in writing and shall be hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. 6 CITY DRAFT: October 30,2006 Notice to City: City of Dacono 512 Cherry Street Dacono, CO 80514 Fax: (303) 833-5528 With a copy to: Light, Harrington & Dawes, P.C. 1512 Larimer St., #300 Denver, CO 80202 Fax: (303) 298-1627 Notice to Owner: With a copy to: 30. Election. Owner agrees 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. 31. No Third-Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 32. 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 obligations contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 33. 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. 34. Authority and Counterparts. Each person executing this Agreement on behalf of Owner represents that he or she has been duly authorized by the person he or she represents to execute this Agreement, and has full authority to bind said party to the terms and conditions hereof Each person executing this Agreement on behalf of the Owner warrants that he or she is a record owner of the Property or is acting in accordance with the currently valid and unrevoked 7 CITY DRAFT: October 30, 2006 power of attorney of the record owner. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. OWNER By: By: ACKNOWLEDGEMENT STATE OF COLORADO ) )ss COUNTY OF ) The above and foregoing signature of was subscribed and sworn to before me this day of 20 . Witness my hand and official seal. My commission expires on: (SEAL) 8 CITY DRAFT: October 30, 2006 CITY OF DACONO By: Mayor ATTEST: City Clerk 10,30/3006 4:13 PM[kith]S^DecovoWmuanomBuge RV&Boat StorageAgrean®t doc 9 CITY DRAFT: October 30, 2006 EXHIBIT A Legal Description A TRACT OF LAND LOCATED IN THE NW1/4 OF SECTION 24, T1N, R68W OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE N1/4 CORNER OF SAID SECTION 24, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 24 BEARS N89 °25' 38"W, 2613. 29 FEET (BASIS OF BEARING) , THENCE S00 ° 06' 45"W, 30 . 00 FEET ALONG THE EAST LINE OF THE NW1/4 OF SAID SECTION 24 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 8 BEING ALSO THE TRUE POINT OF BEGINNING: THENCE S00 ° 06' 45"W, 2640 . 58 FEET ALONG A LINE WHICH IS CONTIGUOUS WITH THE CITY OF DACONO CORPORATE LIMITS BEING ALSO THE SAID EAST LINE OF THE NW1/4 OF SAID SECTION 24; THENCE N89 ° 52' 59"W, 86 . 24 FEET ALONG THE SOUTH LINE OF THE NW1/4 OF SAID SECTION 24 TO THE NORTHERLY RIGHT-OF-WAY LINE OF THE BOULDER-BRIGHTON BRANCH OF THE UNION PACIFIC RAILROAD; THENCE N70 ° 28' 59"W, 369 . 73 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BOULDER-BRIGHTON BRANCH OF THE UNION PACIFIC RAILROAD TO A POINT OF CURVE TO THE RIGHT; THENCE NORTHWESTERLY, 69 . 36 FEET ALONG THE ARC OF SAID CURVE AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BOULDER-BRIGHTON BRANCH OF THE UNION PACIFIC RAILROAD TO THE EASTERLY RIGHT-OF-WAY LINE OF THE DENVER-FT. COLLINS BRANCH OF THE UNION PACIFIC RAILROAD CONVEYED TO S . H. H. CLARK, ET AL. , RECEIVERS OF THE UNION PACIFIC RAILROAD COMPANY, AS DESCRIBED IN WARRANTY DEED RECORDED DECEMBER 11, 1895, IN BOOK 140 AT PAGE 52 OF THE RECORDS OF WELD COUNTY, COLORADO, SAID ARC HAVING A RADIUS OF 2814 . 93 FEET, A CENTRAL ANGLE OF 01 °24' 42", AND BEING SUBTENDED BY A CHORD THAT BEARS N69 ° 46' 38"W, 69 . 36 FEET; THENCE NORTHWESTERLY, 508 . 59 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST AND ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID DENVER-FT. COLLINS BRANCH OF THE UNION PACIFIC RAILROAD TO A POINT TANGENT, SAID ARC HAVING A RADIUS OF 452 . 60 FEET, A CENTRAL ANGLE OF 64 °23' 01", AND BEING SUBTENDED BY A CHORD THAT BEARS N25 ° 43' 04"W, 482 . 25 FEET; THENCE N06 °28' 25"E, 1091 . 96 FEET ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID DENVER-FT. COLLINS BRANCH OF THE UNION PACIFIC RAILROAD TO THE SOUTHERLY LINE OF THAT TRACT OF LAND CONYEYED TO THE GREAT WESTERN SUGAR COMPANY AS DESCRIBED IN QUIT CLAIM DEED 10 CITY DRAFT: October 30, 2006 RECORDED SEPTEMBER 30, 1919, IN BOOK 535 AT PAGE 528, ALL OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE S83 ° 31' 35"E, 150 . 00 FEET ALONG THE SOUTHERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 535 AT PAGE 527 AND IN SAID BOOK 535 AT PAGE 528 TO THE SOUTHEASTERLY CORNER THEREOF; THENCE N06°28' 25"E, 1000 . 00 FEET ALONG THE EASTERLY LINE OF THAT TRACT OF LAND AS DESCRIBED IN SAID BOOK 535 AT PAGE 527 AND IN SAID BOOK 535 AT PAGE 528 TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 8; THENCE S89 °25' 38"E, 329. 37 FEET ALONG A LINE WHICH IS CONTIGUOUS WITH THE CITY OF DACONO CORPORATE LIMITS BEING ALSO SAID SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 8 TO THE POINT OF BEGINNING. CONTAINING 32 . 302 ACRES, MORE OF LESS. 11 Hello