HomeMy WebLinkAbout20062641.tiff a
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,�`� City of Dacono , Colorado
WE":
-t?Thialler
August 31, 2006
Via Registered Mail
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. Tri-Area Ambulance District Dacono Sanitation Dist.
Weld County Attorney 350 41° Street c/o Black&Veatch—Dan Brown
915 10th Street P.O. Box 708 11900 E. Cornell Ave.,#300
Greeley, CO 80632 Frederick,CO 80530 Aurora, CO 80014
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 P.O. Box 417 701 501 Street
Greeley, CO 80631 Longmont, CO 80502 Frederick, CO 80530
Weld County School Dist. RE8. Longmont Conservation Dist.
301 Reynolds Street 9595 Nelson Road,Box D
Fort Lupton, CO 80621 Longmont, CO 80501
Dear Sir or Madam:
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Enclosed please find notification for a proposed annexation to the City of Dacono, Colorado,to be
known as the Warner Annexation. The Public Hearing on the proposed annexation is scheduled for
Monday,September 25,2006 at 7:00 p.m.,as described in the enclosed Resolution No.06-48. Also
enclosed is a copy of the Petition for Annexation as filed and the notice published in the Farmer&
Miner on August 23 and 30, 2006 and September 6 and 13, 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
O�i Local-(303) 833-2317 Metro—(303) 833-5562 Fax—(303) 833-5528
04-0-0<b O0 : P4 5OS e'/71 2006-2641
RESOLUTION NO. 06-48
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION
PE IT1'1ON FILED WITH THE CITY OF DACONO,FOR PROPERTY TO BE KNOWN AS
[HE WARNER ANNEXATION TO IHL CITY OF DACONO,AND SETTING A PUBLIC
HEARING [HEREON.
WHEREAS, a petition for annexation of certain property, to be known as the Warner
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 Ok'THE CITY
OF DACONO, COLORADO:
Section 1. The petition,the legal description for which is attached hereto as Fxhibit A,is
in substantial compliance with the applicable laws of the State of Colorado.
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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 arid 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: September 25, 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,
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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 14th day of August, 2006.
CITY OF DACONO, COLORADO
BY: UUaAt 7 i
;
Wade Carlson,'Mayor
f /A caST:
By: ! Cline/1W
Val e Iliott-Lucero,City Clerk
89/2006 DM PM[SU s:' eo oUmaton\w®c by Por Sob.Compm4x
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EDIT A
That part of the abandoned Union yacific Railroad Company Right-of-way lying in Section 13,
Township 1 North,Range 68 West of the 6th Principal Meridian,County of Weld,State of Colorado
described as follows:
Parcels 1 and 2 as described in the Quitclaim Deed recorded December 2,2002 at Reception Number
301O457 of the Weld County Records; together with Parcels 1 and 2 as described in the Quitclaim
Deed recorded December 2, 2002 at Reception Number 3010458 of said Weld County records;
together with Tract 1 as described in the Quitclaim Deed recorded March 7, 2005 at Reception
Number 3266275 of said Weld County Records and being more particularly described as follows:
COMMENCING at the South Quarter Corner of said Section 13 from which the Southwest Corner
of said Section 13 bears N89°25'27"W,2613.20 feet; thence N89°25'27"W along the South Line of
the Southwest Quarter of said Section 13,388.11 feet;thence N00°34'33"E,30.00 feet at right angles
from the South Line of the Southwest Quarter of said Section 13 to the intersection of the Easterly
Line of said Parcel 1 as described in the Quitclaim Deed recorded December 2, 2002 at Reception
Number 3010457 with a line which is 30.00 feet Northerly of and parallel with said South Line of
the Southwest Quarter of said Section 13 and the POINT OF BEGINNING;
Thence along a line which is contiguous with the City of Dacono Corporate Limits the following
seven(7)courses:
1) Thence continuing N89°25'27"W,251.33 feet along said line which lies 30.00 feet northerly
of and parallel with said South Line of the Southwest Quarter of said Section 13 to the
Westerly Line of said Parcel 1;
2) Thence northerly along the Westerly Line of said Parcel 1 the following three(3) courses:
1) N06°28'37"E, 808.70 feet to a point of curvature;
2) 177.85 feet along the arc of a curve concave to the east,having a radius of 585438
feet, a central angle of 01°44'26" and the chord of which bears N07°20'50"E,
177.85 feet to a non-tangent course;
3) S81°46'57"E,47.32 feet to the Southwest Corner of said Parcel 2 as described in the
Quitclaim Deed recorded December 2, 2002 at Reception Number 3010457;
3) Thence N06°28'37"E, along the Westerly Line of said Parcel 2, 1629.96 feet to the
Northwest Corner of said Parcel 2 on the North Line of said Southwest Quarter of Section
13, being also the Southwest Corner of said Tract 1 as described in the Quitclaim Deed
recorded March 7,2005 at Reception Number 3266275;
4) Thence continuing N06°28'37'B, along the Westerly Line of said Tract 1, 50.32 feet to the
Northwest Corner of said Tract 1;
5) Thence N89°58'16"E,along the North Line of said Tract 1, 150.97 feet to the Westerly Line
of said Parcel 2 as described in the Quitclaim Deed recorded December 2, 2002 at
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Reception Number 3010458;
6) ThenceN06°28'37"E,along said Westerly Line,2597.58 feet to the Northwest Corner of said
Parcel 2 on the North Line of the North Half of said Section 13;
7) Thence N89°22'23"E,along said North Line,being also the North Line of said Parcels 1 and
2 as described in the Quitclaim Deed recorded December 2, 2002 at Reception Number
3010458, 380.12 feet to a point on a curve being the Northeast Corner of said Parcel 1 as
described in the Quitclaim Deed recorded December 2, 2002 at Reception Number
3010458;
Thence southerly along the Easterly Line of said Parcel 1 as described in the Quitclaim Deed
recorded December 2, 2002 at Reception Number 3010458 the following two (2) courses:
1) 388.87 feet along the arc of a curve concave to the west,having a radius of 11509.16
feet, a central angle of 01°56'09" and the chord of which bears S11°00'32"W,
388.85 feet to a tangent course;
2) S11°58'37"W, 2303.55 feet to the Southeast Corner of said Parcel 1 as described in
the Quitclaim Deed recorded December 2,2002 at Reception Number 3010458.
on the South Line of said North Half of Section 13 and being also the Northeast
Comer of said Parcel 1 as described in the Quitclaim Deed recorded December 2,
2002 at Reception Number 3010457;
Thence southerly along a line which is contiguous with the City of Dacono Corporate Limits being
also the Easterly Line of said Parcel 1 as described in the Quitclaim Deed recorded December 2,
2002 at Reception Number 3010457 the following five(5) courses:
1) Continuing S11°58'37"W, 1299.41 feet to a point of curvature;
2) 372.66 feet along the arc of a curve concave to the east,having a radius of 5679.58
feet, a central angle of 03°45'34" and the chord of which bears S10°05'50"W,
372.60 feet to a non-tangent course;
3) S81°46'57"E, 75.00 feet to a point on a curve;
4) 170.26 feet along the arc of a curve concave to the east having a radius of 5604.58
feet, a central angle of 01° 44'26" and the chord of which bears S07°20'50"W,
170.25 feet to a tangent course;
5) 506°28'37"W, 782.86 feet to said Southeast Corner of Parcel 1 as described in the
Quitclaim Deed recorded December 2,2002 at Reception Number 3010457 and
the POINT OF BEGINNING.
Containing 28.618 Acres,more or less.
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EntTintatiolt AISTicw
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TO:: Tf Crxr C00$01;i. 07 Tf.CzT! OP COLORADO
Wei the undersignedlandawners, in, accordance with Colorado law,
Hereby Petition the City Of Dacono and its city Council for
anntx*tgO4 to•.the City of Dacono of .the unincorporated,territory,
the legal. d'eacriptiot of which is attached:.hexeto as Exhibit A and
incorporated.:heraie, by tiu referenda, iodated. in the. County of
weld and the state' of Colorado, and to be known as tries
Wamerfarrnl AI}nexation; to the City of. Dacono.
Aa pert of this petition, ydttt 'ppetit104 es farther state: to the
. City council >'that
1., it. *4 desirable: and necessary. that the territory
d:4soribed girt Ex4ibit Abe?. enneeed to the:.'.ci-ty of Dacond.
2x. zbe segairel e4.3, .of. Sa#t:ions 31-12 104 and 31.,..12-105,
C:.W;.S ; as ended,: eS t.. or have: b .e* met in that.:
a.. *0!. key Chan• one-e Yth of::.the rio:4*4ir of the •
an.pcopod'dl to be-anaexed iscontig nse w'ithcthe
City.:of Dacgno or will he contigeoue with the City
oi' nacono within sucK. time; as required byf Sectioxt
31-12-104. .
b.: A-' conamunitj. ..di ihtetaat .gnats between the area
proposed to, he sneered anti the City of. Oacono.
c,. The ate* ptepoaed .to be annexed is urban or will be
orheni:red #a. ' Oeer i'uturez.
d:;; the area• p ikpo Ltd fiWil ,ail4is JAte ; with
ort•te cap is of be ecs cite at'$d w₹ X tze esY-y of
peeChe.
e: NO: land Kfithith th* hoee4ary of the territory:
proposed to $' antseaed which is held in identical
ownrshhip, whether consistiing of one tract or
parcel: of seal estate ox- two ore: mots contiguous;
tracts er•parctls. of real estate, has been divided
into separate parts or: parcels without the wrstten
cokse;t e.4* landewn:er or landowners thereof,
untesssuch tractsot percale were separated by a:
dedicated street, toad.- or.other public wag_
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> . .No land within the boundary of the area proposed to
be annexed:: which- is held in: ident cal ownership,
whether consisting of one taact or parcel of real
estate 'or 04'n, more<contiguous tracts or parcels
of real estate, comprises twenty acres or-.more, and
which, 'together with the building! and improvements
.situiateit thereon, has an- assessed value in- excess
of two b :454, ed thousand' dollars ($200,000.001 for
ad valorem tart purposes for the year::next preceding.
the annexation, has been inc uded tt th are
a
proposed to be annexed without the written consent
of the landowner or landowners
g. Ito annexation proceedings have been commenced for
any potion,af the territory proposes# to be annexed
for the annexation of such territory to another
municipality,
h. Thee: annexation. of the territory proposed to be
annexed will. not result it the detachment of area
from any school district.
i .. The annexation of the territory proposers to• be
annexed will not have the 44010t;:.of extending' the
boundary of the City of: Rattce rac'0e than three•
uti4lss: in any: di ection from Any point Of the
bound irp of: the Citty of.Dacono^in any one yyear'..
j-'•:. .,T1 `.Ernie. r peed t i :be. :,an 'Eed: 'if 37.73
acres it total dfla.
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(t prior to, completion :of the, **nett* of :the area:
proposed to b annexed, a .0411 1411 00'. 14 place,
peneS to Section 4.1•4-4.03:01, te) G R.3. , which:
dea�a che PPrOpt4fed, location,
charafiter, and-:eite ft of. stre s, subways bridges,
waterwaeys, watetfrontsr patkwa ,; playgrounds°,
squares, parks r aviation fields, other public
ways, grounds, open spaces, public utilities., and
terminals, for water, •ligh't, 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;
In establishing the bthindect of the.. area proposed.
to be annexed it a portion: of a pla_tttedstreet. or
alt e} •is •to be annexed:, .the; entire, width; of the:
street, do alley has: been: included within the area.
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eon:etedt and reasonable access will. not be denied
to 4ay 3andowterei OtrOgs of .any easement, or the
awaaer4 of 4ny fr hiss adjoining;, any, pitted
street- ar alle4 whi is to be annexed to; the City
of tacono :but:.is not bounded on both sides by the
City of Decone
, i. It required, am impact report will be, prepared. and
filed pursuant to Section 3l-t2-1119..5, C.R.S.
3: the owners of more than fifty percent of the area
proposed:.to be annexed;., exclusive of dedicated streets
and alleys, ,haave signed:this petition and hereby petition
for a►unexat om of?.such territory.
The signatures •on this petition comprise one-hundred .
tl,
pa eut O%I, bf laAd ine a the territory to. be •
annexed an: :acid laxkf44 owned. t ttejtS,ts to the facts and
agreeing to the:-Conditi€ifns..herein contained will negate
• tti. necessity off'any, annexation election.
4.. Ac.4onpanying th ;a petition are, •four copies of an:
annexation map containing the following information:
a.. Ak• Written legal description of the boundaries of
the area proposed. to be ennead:-
P. .map showing the boundary of•the area. proposed to •
e allnnexed, rasa meap prepared by. and containing the;
• *Mk of :0::-1,00:0404 engine'er's'
c.: within -the annexation bounldary map, a showing of
the location of each ownership ttramt it# unpiattet
. 140 and, if ;part or. af'1 es ' the r{t'ea is p acted,
then`boundaries and the plat numbers.. :of plot* or of
lots, ants b10ak..s4
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d.: 1•14.1g.-e4 the. boundary cof the Area proposed to be
• annexed, a drawing cf the_ contiguous boundary of
the City; of •Dacono:,aid the :a.e4ti4tiegel boundary o₹
any:, other municipality :abetting_ the area .proposed
'Who annexed,• and,a shoeing of the dissensions of
sucFh contiguous boundaries.
S. •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 came
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effective ae' of the January l; next ensuing..• .
6. T e zoning' classification rettuestid for the area proposed.
to be annexed. is R-2 _ e:
The petitioners agree that said annexed. land shall be
brought: under the provisions of Chapter is of the'
Dacorio Municipal code within. ninety .(90'.) day front the
affective daite oft the annecat₹on ordinance.
7. There shall be nc duty orb. obligation. upon the City 'of
Decatur, to fnrniisb water are:sanitary sewer facilities ta.:
the area proposed to be annexed. Such .services will be
provided at: such Mme,, in the note -discretion of the
girth: when. avc$ services for water and sanitary sewer
cats $e eco OaI,i reasonably: installed •to service. a .
uf
make>,
siici n,t ba .,,r. ***Stns wit#t'int the area seta to
the tcnl € cti4n •nitilfiAn04404.0 of such• services
feasible and at no •a4 tionaL Chet for the •same or
type of services provided' to r ebi:tante within
t*he{•ex sting corporate Units of the City.
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• Zfreitigt,t0 .by the City, etc! annexation agrawant has been
of •will Tie executed, by t Petitioners ;herein and the
Cite of. Dacono relating, to tli s annexation and the
petitioners hereby expressly consent to the terms and
conditions set forth in the annexation agreement.
.:: Tfhv'. '.pet ,:one
it res agree to the. following terms. and
.00,44,14.4a.One,; which shall be covenants runninig with the
la and ii ch leali at the option of the City, appear on
A014 •
Niter rig#1ts :Ain: ber. provided.: pursua it to Cityt
• or( lance
b 4l.00 sdiTti onS set;out in the annexation- agree/tent
executed by the petitioner.
c.. • Others •
. WUEP ORE, ,tee petitioners,. whose•sicnatutti. are on the: signature
sheet on the next page, fespectliilzy' request that the City of
Dacono, **drifttbrou&i its City couaoil, approve the annexation o£
the aria prc aed to be annex •
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EXEUNT A
That part of the abandoned Union yacific Railroad Company Right-of-way lying in Section 13,
Township 1 North,Range 68 West of the 6th Principal Meridian,County of Weld,State of Colorado
described as follows:
Parcels 1 and 2 as described in the Quitclaim Deed recorded December 2,2002 at Reception Number
3010457 of the Weld County Records;together with Parcels 1 and 2 as described in the Quitclaim
Deed recorded December 2, 2002 at Reception Number 3010458 of said Weld County records;
together with Tract 1 as described in the Quitclaim Deed recorded March 7, 2005 at Reception
Number 3266275 of said Weld County Records and being more particularly described as follows:
COMMENCING at the South Quarter Corner of said Section 13 from which the Southwest Corner
of said Section 13 bears N89°25'27"W,2613.20 feet; thence N89°25'27"W along the South Line of
the Southwest Quarter of said Section 13,388.11 feet;thence N00°34'33"E,30.00 feet at right angles
from.the South Line of the Southwest Quarter of said Section 13 to the intersection of the Easterly
Line of said Parcel 1 as described in the Quitclaim Deed recorded December 2,2002 at Reception
Number 3010457 with a line which is 30.00 feet Northerly of and parallel with said South Line of
the Southwest Quarter of said Section 13 and the POINT OF BEGINNING;
Thence along a line which is contiguous with the City of Dacono Corporate Limits the following
seven(7) courses:
1) Thence continuing N89°25'27"W,251.33 feet along said line which lies 30.00 feet northerly
of and parallel with said South Line of the Southwest Quarter of said Section 13 to the
Westerly Line of said Parcel 1;
2) Thence northerly along the Westerly Line of said Parcel 1 the following three(3) courses:
1) N06°28'37"E, 808.70 feet to a point of curvature; •
2) 177.85 feet along the arc of a•curve concave to the east,having a radius of 585438
feet, a central angle of 01°44'26" and the chord of which bears N07°20'50"E,
177.85 feet to a non-tangent course;
3) S81°46'57"E,47.32 feet to the Southwest Corner of said Parcel 2 as described in the
Quitclaim Deed recorded December 2, 2002 at Reception Number 3010457;
3) Thence N06°28'37"E, along the Westerly Line of said Parcel 2, 1629.96 feet to the
Northwest Comer of said Parcel 2 on the North Line of said Southwest Quarter of Section
13, being also the Southwest Comer of said Tract 1 as described in the Quitclaim Deed
recorded March 7, 2005 at Reception Number 3266275; •
4) Thence continuing N06°28'37"E, along the Westerly Line of said Tract 1, 50.32 feet to the
Northwest Corner of said Tract 1;
5) Thence N89°58'16"E,along the North Line of said Tract 1, 150.97 feet to the Westerly Line
of said Parcel 2 as described in the Quitclaim Deed recorded December 2, 2002 at
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Reception Number 3010458;
6) Thence N06°28'3 7"E,along said Westerly Line,2597.58 feet to the Northwest Corner of said
Parcel 2 on the North Line of the North Half of said Section 13;
7) Thence N89°22'23"E,along said North Line,being also the North Line of said Parcels 1 and
2 as described in the Quitclaim Deed recorded December 2, 2002 at Reception Number
3010458, 380.12 feet to a point on a curve being the Northeast Corner of said Parcel 1 as
described in the Quitclaim Deed recorded December 2, 2002 at Reception Number
3010458;
Thence southerly along the Easterly Line of said Parcel 1 as described in the Quitclaim Deed
recorded December 2,2002 at Reception Number 3010458 the following two (2) courses:
1) 388.87 feet along the arc of a curve concave to the west,having aradius of 11509.16
feet, a central angle of 01°56'09" and the chord of which bears S11°00'32"W,
388.85 feet to atangent course;
2) S11°58'37"W,2303.55 feet to the Southeast Corner of said Parcel 1 as described in
the Quitclaim Deed recorded December 2,2002 at Reception Number 3010458
on the South Line of said North Half of Section 13 and being also the Northeast
Corner of said Parcel 1 as described in the Quitclaim Deed recorded December 2,
2002 at Reception Number 3010457;
Thence southerly along a line which is contiguous with the City of Dacono Corporate Limits being
also the Easterly Line of said Parcel 1 as described in the Quitclaim Deed recorded December 2,
2002 at Reception Number 3010457 the following five(5) courses:
1) Continuing S 11°58'37"W, 1299.41 feet to a point of curvature;
2) 372.66 feet along the arc of a curve concave to the east,having a radius of 5679.58
feet, a central angle of 03°45'34" and the chord of which bears S 10°05'50"W,
372.60 feet to a non-tangent course;
3) S81°46'57"E, 75.00 feet to a point on'a curve;
4) 170.26 feet along the arc of a curve concave to the east having a radius of 5604.58
feet, a central angle of 01°44'26" and the chord of which bears 507°20'50"W,
170.25 feet to a tangent course;
5) 506°28'37"W, 782.86 feet to said Southeast Corner of Parcel 1 as described in the
Quitclaim Deed recorded December 2,2002 at Reception Number 3 010457 and
the POINT OF BEGINNING.
Containing 28.618 Acres,more or less.
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Www.A41acw6511H.cOM •
Wum.e5 AY,Arnim 23,2006 G
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LEGAL NOTICES
INVITATION TO BID AND DACONO,COLORADO: - Quarter of said Section 13 and the 372.60 feet to a non-tangent
You are knitted o bid the BEFORE THE CITY COUNCIL POINT OF BEGINNING: course;
OF THE CITY OF DACONO ON A Section I,The petition,the legal
WJyvndh*m Hill. Metropotitart PROPOSED dmsmpuon for which is attached Thence along a line width S 3)581•46'57T,75.00 feet to a
District Bil Ina* Avenue ANNEXATION AND ZONING OF hereto as Exhibit A. S. contiguous with IM City of Dacono point on a curve:
;tyre Improvements for PROPERTY substantial compliance with the Corporate Limits the following
Wyndham Hill located in applicable laws of the State of seven(7)courses: 4)170.26 feet along Use arc of a
Frederik, Colorado. The Notice a hereby given Mel 91e Colorado. curve concave to the east having
Wyndham Hill Metropolitan District Daces Planing and Zoning 1) Thence continuing N89 • a radius of 560458 feel.a central
No.t is the Owner of the project. Commission win hold a Public Satan No election is required 25'27'W, 25133 feel along said angle of 01•44'26'and the chord
Hearing commencing at 600 p.m., under C.R.S.§31-12-107(2). One which lies 30.00 bet northerly of which bears 507 . 20'50W,
The work includes installation of Tuesday,September 12.2006.at of and parallel with said South 170.25 feet to a tangent course; •
wzterrnsn,Norm sewer,sanitary the Dacono City HMI,512 Cherry Section 3 . No additional terms Line of the Southwest Quarter of.
sewer, cub d gutter. sidewalks. Street Dacono. Colorado 80514, and conditions are to be imposed said Section 13 to the Westerly 5)506•28'37W,782.86 feet to
asphalt,ageing and striping and The purpose of the Public Hearing except any provided for in the Line of said Parcel'''. said Southeast Comer of Parcel 1
earthwork. S to consider a request for zoning petition. as described in the Quitclaim
of property proposed to be 2) Thence northerly along the Deed recorded December 2.2002
Bids shall be due on September annexed to the City and known as Sestlyn4.The City Council will Westerly Line of said Parcel 1 the at Reception Number 3010457
17th.008 at 11:OOarn. al Nor Warner Mnesaton to the City, hold a public heamg for the fogowing three(3)courses: and the POINT OF BFGINNWG.
Canmum zoning requested for the purpose of determining if the
Development Group, 250% Warner Annexation Is R-2, proposed annexation complies 1)NO6•28'3TE,608.70 feet to a Containing 28.618 Acres.more Cr'Aropattge Avenue, Suite 220. Residential District. with C.R.S.§31-12-104 and with point of curvature; less.
Boulder, Colorado, Bids will be C.0.S.§31-12-105.and will hold 2)177.85 feet aong the arc of a -opened and and reviewed by the Further Notice S hereby given a public hearing to delennine the curve concave to the east having -
Owners representative promptly that the City Council of the City of appropriate zoning of the subject a radius of 585458 feel a central
al 11:05am. Bids received after Decono will hold a Public Hearing property if requested in the angle of 01•4(26'and the chord TOWN OF FIRESTONE,
September 7th at 11:00am will be commencing al 7:00 p.m., petition,at the Dacono City Halt of which bears NO7 • 20'50T. COLORADO
returned unopened.No facsimiles Monday. September 25,2006,al 512 Cherry Street, Damno, 177.85 feet to a ran-tangent PLANNING AND ZONING
Mall be accepted, to Dacono City Hal,512 Cherry Colorado 80514, at the following course; COMMISSION '
The contractor ainstructed to Steel Dacano,Colorado 805 date and ne: September 25, 3)S81•46'57t,47.32 feet to the NOTICE OF PUBLIC HEARINGS
a his bid by The p°rp°ee of the Public Hearing 2006 at 7:00 m. Southwest Corner of said Parcel 2
the clearlyco identify
ems and marking s to determine whether certain as described In the Quitclaim Notice is hereby given that the
protect property for wiiph a petition for Section 5 .'My person may Deed recorded December 2,2002 Town of Firestone Planning and
name as follows on the outside of annexation has bean filed with to appear at such. headng and at Reception Number 3010457: Zoning Commission will hold a
the envelope: WYNDHAM HILL City,to be known as the Warner present evidence relative to the public hearing at 7:00 p.m. on
B L INGS AV NUE ROADWA Annexation to the City of Damno, proposed annexation, or the 3)Thence NO6 '28'3TE, along Wednesday, September 6 2006,
meets me applicable requirements proposed zoning if requested in the Westerly Line of said Parcel 2, at the Firestone Town Hen, 1St
Ids sha accompanied by a of the statutes or me Slate of the petition. 1829.96 feet to me Northwest Grant Avenue, Firestone,
cashiers or certified check Issued Colorado and is eligible for Comer of said Parcel Z on me Colorado 80520. The purpose of
by a national or state bank in an annexation to the City and to Section § . Upon completion of NorthLine of sald Southwest the hearing will be to consider
amount rot less than five percent determine me zoning for the the hearing,the City Council will Quarter Of Section 13,being also proposed amendments to the
t5%) of n total maximum bd proposed annexation.The zoning set old,by resolution,its findings me Southwest Corner or. said Town of Firestone Comprehensive
price.payable without recourse to requested for the Warner and conclusions with reference to Tract 1 as described n the Plan, including map and text
The Wyndham Hill Metropolitan Annexation Is R-2, Residential the eligibility of the proposed Quitclaim Deed recorded March 7, amendments to expand the
Dion No.1,ore bid bond in is District. annexation, and whether the 2005 at Reception Number Town's municipal end urban
same amount from a reliable statutory requirements for the 3266275; • growth boundaries to include
sultry company, as a guaranty My person may appear at me proposed annexation have been north areas no of Sate Highway 119,
that the bidder will enter no a Pudic Hearings and be heard mel,and further,win determine the 4) Thence continuing NOB • approximately two miles west of
concon contractor slat provide aX consideration. The regarding approximate undere property it in appropriate zoning of the subject 28'37•E,along the Westerly'Line 25 (1.25), and
labor, materials, upeie location of the requestedthe of said o Tract 1,50.32 feet to approximately one-half mile east
property Is me Radian. Northwest Corner of said Tract I; and one mile north of me Tam's
services, tools, and equipment former Union Pacific Railroad right- current northeast boundary,
necessary to complete the work as of-way rynning nth to south Section 7 If the City Council 5)Thence N69 •58'16T, along
Indicated on the plans. between Weld County Roads 8 concludes, by resolution, that a8 the North Line of sail Traci 1 Further Notice Is hereby given
ark 10 through Section 13,TIN, statutory requirements have been 150.97 feet to the Westerly Line of mat the Board of Trustees of the
Plans, specifications. technical Range 68 West of the 6th P.M. met and that the proposed said Parcel 2 as described in to Town of Firestone will hole a
information and answers to The legal description of the annexation is paper under the Quitclaim Deed- recorded public hearing et 7:W p.m on
questions for this probed may he property whim Is the subject of the laws of me Stele of Colorado,the December-2, 2002 at Reception Thursday,September 14,2006 at
obtained from the probed annexation and zoning request is City Council will pass one or more Number 3010458; the Firestone Town Has, 151
engineer shown in Exhibit A of the ordinances annexing the subject Grant Avenue, Firestone,
Project Engineer Aeon JorgensonJorgensonResolution sal forth below. propert to the City of W of Dan, 6)Thence N •2837'E, along Colorado 80520, The purpose of
Hurst Associates,Inc. and n pass one or more said Westerly Line 259758 feel to me hearing will be to consider
1998 Pearl East CAMS.Suite 1 W Copies of the zoning application, ordinances zoning to subject the Northwest Corner of said proposed amendments to the
annexation petition, and related property if requested in the Parcel 2 on the Noel Line of the Town of Firestone Comprehensive
Boulder,Colorado 80301 documents are on The and petition. Nash Hat of said Section 13; Plan, ncludlig map and text
30J 449.9105 Phone available for public u spection in amendments to expand the
303.447.8815 Fax to office of the City Clerk, 512 INTRODUCED, READ, SIGNED 7)Thence N89. 22'23T, along Town's municipal and urban
Plans and project manuals for a Cherry Street,DamnNorth,CO 80514, AND APPROVED this 14th day of said Line. being also the growth boundaries to include
during regular business hours.Set August,2006. North Le of said Parcels 1 and 2 areas north of Stale Highway 119,
Unit Price contract X be forth bemw 4 the Resolution described to Quitclaim approximately two mires west of
available m A sas at finding that the annexation petition CITY OF DACONO,COLORADO Deed records in
2,2002 Interstate 25 (I-251 and
the once al the rgerxser Isted is in substantial compliance with BY at Reception Number 3010458, approximately one-hat mile east
above. Contractors may make the applicable laws of the Stale of Wade Carlson,Mayor 380.12 feet toe point on a curve and one mile north of the Town's
arrangements to pick up pans in Colorado. -
advance at this office. The Unit being me leas tea Comereleald current northeast boundary.
Price contract a for me &rday ATTEST: Parcel t as deathbed In the
Billings Dated the lain of August, B : Quitclaim Deed recorded My Peden may appear at the
Avenue.Improvements. however, 2006. Valerie Elliot-Lucero,City Clerk December 2, 2002 al Reception Public Hearings and be heard
the selected bidder shall honor Number 3010458: regarding the matters under
such unit pricing, whim shalt be CITY southerly
OF DACONO,COLORADO EXHIBIT A Thence southerly along the consideration. Copies of me
applicable for and made amiable Valerie EMS-Lucien Eesteb Line of said Parcel 1 as proposed amendments are on file
to Owner for all other Wyndham city clerk That part of the abandoned Union described In me Quacamand Deed available for Public inspection
Hill project phases 11 selected Pacific Railroad Company Right - recorded December 2. 2002 at in the omce.of the Town Clerk,
boners given additional phase 30, Dales:August 23 and cry lying in Section 13,Township Reception Number 3010458 the 151 Grant Avenue,Firestone,CO
work,such ad role work b be 30,September 6 and 13,20)6 in 1 NOM,Range 68 West the 6th following two(2)courses: 80520, during regular business
9 at to sole discretion of the Farmer ark Miner. Principal Meridian, County of hours.
Owner,whim may,Instead re-bld Weld,State of Colorado described 1)38887 feet along the arc of a
subsequent phase work. All unit RESOLUTION NO,0648 as follows: curve concave to me west,having Dated the 18th day of August,
price contracts shall provide that A RESOLUTION FINDING a radius or 11509.16 feet, a 2006.
the unit prices shall only be SUBSTANTIAL COMPLIANCE Parcels 1 and 2 as described in central angle of 01 •56'09' and
Mowed to change consistent with FOR AN ANNEXATION the Quitclaim Deed recorded the chord of which'bears 511 • TOWN OF FIRESTONE,
for
the CPI (Consumer Price Index) PETITION FILED WITH THE December 2, 2002 at Reception 00'32W,388.85 feel to a tangent COLORADO
increases and decreases or CITY OF DACONO,FOR Number 3010457e Weld course: Judy Hegwood
other specific nationwide material PROPERTY TO TO BE BE KNOWN of m AS County Records: together with 2)511•58'37'W,2303.55 feet to Town Clerk
pricing increases reases end decreases. THE WARNER ANNEXATION TO Parcels 1 and 2 as described the Southeast Comer of said
THE CITY OF BACON°,AND the Quitclaim Deed recorded Parcel I as deathbed in the Published August 23.2006 In the
The submittal of bid in response to SETTING A PUBLICBLIC HEARING December 2, 2002 at Reception Quitclaim Deed recorded Farmer 8 Miner,
this Invitation shall constitute an THEREON. Number 3010458 of said Weld December 2, 2002 at Reception --
agreement of to odder to all County records: 'together with Number 3010458 on to South
condition contained In this WHEREAS , a petition for Tract 1 es described In to Line of said North Half el Section
Invitation if such bidder Is selected annexation of certain properly,to Qumaim Deed recorded March 7, 13 and being also the Northeast TOWN OF FIRESTONE,
end contracts with me Owner. be known es Ile Wormer 2005 at Reception Number Corner of said Parcel 1 as COLORADO
Annexation, has been filed with 5 of said Weld County described in the Witdalm Deed NOTICE OF PUBLIC HEARINGS
The Wyndham Hill Metropolitan the City Council Records
of the City of Records and being more recorded December 2. 2002 at
District No.1 reserves the right to Decor°;and particularly described as follows: Reception Number 3010457; Notice Is hereby given that the
reject any and all bids fo reasonsof the
q and Zoning Commission
that may be undisclosed to the WHEREAS,n City Council has Cuartar CINC at the South Thence aounrly along a line of is Town of Firestone will held
informalities
s) and to wave any reviewed the petition:and fvaer Comer said Section 13 whim is contiguous with me City a Pudic Nearing commencing at
inimnalNes in the bids received. from which the Southwest Corner of Damn Corporate Limits being P.m., Wednesday.
First PublicationWHEREAS , the City Council of said Section 13 bears N89 • also the Easterty Line of said September 20, 2006 at me
Last Publication August tember 6, consideration permit simultaneous
N897-'W25'ITW feet; thence Parcel I as described in the Firestone Town Hall, 151 Grant
2006 - of subjectalong me South Quitclaim Deed recorded Avenue, Firestone. Colorado
propeM for annexation and for Line of the Southwest Quarter of December 2, 2002 al Reception 60520.The Wrposi•of a Public
Name of Valley Farmer
Miner zoning,if requested in the petition: said Section 13. 388.11 feet; Number 3010457 the following five Hearing Isle reneger a request
- and - thence NO0• the 30.00 feet (5)courses: forbe za ne of OMPertythe proposed to
at right angles from South Line be annexed to Town and
WHEREAS,the City Council has of the Southwest Quarter of said 1) Continuing S11 ' 5837 W, known as me St.Veen State Park
CITY OF OACONO,COLORADOreviewed the petition and desires Section 13 to the intersection of 1299.41 feet to a point of Annexation Nos.1,2 and 3,and ea
NOTICE OF PUBLIC HEARINGS to adopt by Resolution Its findings the Easterly of Linesaid Parcel I curvature; request for approval of an OUHne regard to me petition. a described In the m Development Plan for St. Vad
BEFORE THE DACONO Deed recorded December 2,r 2,2002 2)372,66 feel along the arc of a State Park.The zoning requested
PLANNING AND ZONING NOW THEREFORE, BE IT at Reception Number 3010457 curve concave to me east,having Is Planned Unit ODiopment,me
COMMISSION RESOLVED BY THE CRY with a line ankh is 30.00 feet a radius of 5679 58 feet,a central Open Space(PUD-0S)land uses.
ON A PROPOSED ZONING OF COUNCIL OF THE CITY OF Northerly of and parallel with said angle of 03•4534'and the chord
PROPERTY South line of the Southwest of which bears S10 ' 05'WW. Further Notice Is hereby given
•w5rvr.rlFrOvn5On cM W6w15DAL,MCA51 30,2006 C
- - - - - LEGAL NOTICES
INVITATION TO BIQ AND DACONO,COLORADO. Quarter el said Section 13 and the
BEFORE THE CITY COUNCIL POINT OF BEGINNINC: course feet to a rwrvargemt
You are invited to tw Pen
on pee Ole OF DIE CITY OF DACONO ON A 4ectym I The Petition,the egel nurse:
14 eyyde n PROPOSED description for which is attached Thealong Thence a Ilse which IS 3)Sal '40''57'E.7500 feel to a
}L v fa ANNEXATION AND ZONING OF hereto as Erlvdl A is in c nh9uous with the City of Dacuno poyrt on a curve,
m basted in PROPERTY substannt tial compliance with the Corporate Limits to followingFrederick, Gatorade The NOM k hereby given that me �ado laws of Use Stele of seven(})courses: 41 110.26 fwd.along tae arc d e '
Madmen HO Mestetpnan Dared DtCctsO Planning en goring 11 Thence continuing N89 arve concave to One east hew%
No.1 b the Owner doe Waled. Commission wla hold Public Rees.., No(Section is requaed 25'21'W, 251 33 feeta angle
of 01 5604.55 4426'(eel,a.chord
faehg comsenang et 6:00 p.m., wrier S. .4 31.12.107(2). I n.which lies 30.00 len along rtie� oof which bears2S07•2(1'5chord
Y
The sod i maulkion d Tuesday.September 12,21106,at of and Parallel wan said South
wallabies',storm sewer,sanitary to Datong Crly Hall,512 Cherry 54cdon 7 No aadeonal terms Line d a Southwest Okada,a iTo.2s Iasi m.tangent coon;
sasphalt ewer, out 4 oat. sidewalks, Steel Decoro, Colorado 80514 end condition we to be Imposed sold Section 13 to tie Westerly 5)SOB•28'3rw, 78288 feel to
eentwegLiilting and soloing end The purpose of ell Public Hearing except any provided lot in the We of said Parcel',
b m consider a requeer for zoning pebtion, and described
in Coon of Patna 1
of property proposed to be 2) Thence northerly b the Deed as deecor e n the r2.Quitclaim
ABids Me be due on etharn0E amend to tie City and thrown as $eadon 4.The City Council we Westerly Line of sea Parce 1 IM a Reception December 0,0457
2906 J{a 1 al the the Werner Mnention to the CHy. {told apublic hedng for the following three(3)coursest Rs. IN OFEI G 3010457
arEces The zoning requested tog is purpose of deammung I 6H end the POINT Of SE�i1NNIN0,
Development Avenue.Group. Warner Annexation Is R-2, proposed
ors 1xaam compiles 1)N00•28'37'E,808.70 leer to a Gaetano 28.618 Ades,owls or
Suite 220, Residential Districtlass
00044�et, Cgasdov�Bids wit Mt C.R 5 S 315 2.105,and wit hold end wen 2)177 85 of curvature,
eking to arc of a by tie Further Notice k hereby given a orbit Maur*Lo daimon the curve concave hi the yet having
M 1e�.00ampB eamtre Naiad� that the Cry Canal of the CM of epaopllea zani g d the subject a radios or 5854.58 Met a ceNrpl "'gnat).
Q 5�E QR F�ry�
September . id 1 Nei a nip t be Damn,,Ng hold a Pubic Hying progeny it requested m the angle of 01•4426'end the chord N SBI'ZLkMENT
mewed er R h at 1 No ramWYe commencing n 7;00 p.m., peahen,al Os[Iacono City Hall, of whim bear. NO7 • 2O50'E,
mew be tweeted- thMondae shag September 25,,2006,at 512 Cherry Steel, [Iacono 177 es fen mMar
DeGOOS Cast Hall, M 4 pent Pursuant b CR.s. 6 3426-102,
Cherry Colorado 80514,n to Following course. - notice Is
hereby
The cone-actor is trammed to ven thet the ChY
Street Oman,Colorado pin'. , dell end Woe. September 25, 3)S81•48'STE.47.32 fen lo Ile of D wM mtke.Mo
TM purpose of the Puna.Hewn; 2006 el 7.00 p.m. Southwest Comoro(yW Parcel 2
.leafy Deadly his bid by marking a b determine whether certain ea described 'n the Quitclaim n cite d512 of thePAZ
it
c ea follows mow
e p N b p1p�y b, wMab a paean ell $ecNan 5 . My parson may Deed recorded Deosmber.2 2002 Demos, 5Gobredo 80514,at 800
the mvebio: Ys le ad annexation has been IYed Mph the appear at such beamsg and at Rece Number 3010457,.
107f6flAO City,m be Mown es the Warner Dumont evidence relative b the Doom cm Exn cavating
.41119, N.
to
Annexation l the City d Dacono, proposed wbxeaon, or the 3)Thence NOB• 28'3r5. ae Ioc416 8 9h
W e ecmnrpwhled by a of roes tie 5 M�a d the potion tortes;
R iqu lad.Is Ole Westerly Lich a eel Parce 2, for Avenue.Greeley,doo tie by ad
d
Calash a certified Check issued o the
are b peWar. 1829.96 lest,to to Notwest mnbacs r on the Slant
by a neaten brain brrk n sit annexation to to � end to North of said Pad 2 on the Sewglation Rlead Wear and
emoun net less dray eve percent determine the for the team the City
completion of Quart Line d said Southwest OHO
'rover lye Replacement (he
(pr5q%a)�of the
fuel allow
ennen emery b proposed werstian zoning en foM,by resolution,b ariddi� Quarter
CO"'Eon heag lures v��all of which conalmotion
Cal a*,
pthea ,payable requested for the Warner and mnWislo r as reference to Tract 1 as daybed n 0e boundriea of the C within 1••
ity of Daman
t4eypolten Annaalaon is R-2, Reside nsw to y of the proposed Quitrent Deed recorded Match T. mete County of Weld, Sate d
Oknd No.1,or a bed bond n the Nemo, a 'eOC,
carte amount from a reliable w'a and she 3206 el Rxeptlon Number
aniT aomWny, as e statutory ngeveyn l tor the J266Z}S,
dal 1M Wddr a enter ade pub p Nea wn �Y rid be n the m$ rtre eat paw eyn ee person.ofm'pec'oeny
00500. regorging the Pub gymhga et hoard met,end 6xhr,will dopaminetui subject 4) The7't a Minimum;Westerly
or po pi rte d
The oawecbr gag pmnda so atse Thos tea under maoryale zoning of the oW he ofl'Said cling,the WONer s Itch Parsers. mrnwny
Sar, materiels, Supplies. Imam ol the p appo4mthe prepern. II requested n the t sod Tract Con 50 32 leer to 1; �perae learn
that authentic*,
unpaid
petition. Northwest Corner of saki Tract l: Geama M provender n tither
nieces lode. Yid equipment.0*es Maw Vrcmr P ecan{lphk�pedri�W nrNa, e tend. ayenmy,
by
indicated
�el roe work es deny en Weing ll y so poem
8 duo"sr, b 4 the Gay Council 5)Thence 1489 • 58'18•E, along provision,
o Weaned ii
mlauer y macaroon. that e0 re North o d said Tract f.
n their
Ptene, sPWi teSsni, IeaNCY and 10 trough Stolen 13,TIN, statutory requirements have been 150,97 feet to the West Lined s or at
Willman end ruwara to TT8a legal gaWen of the Bo P.M. mel end that the proposed said Paten 2 at described in the can ino n of the pat may
quastIons b pro maybe property 4v04i S Inc description of the araemeon k propel tinder the Quitclaim Deed ' Worded any one up to and Muting said
projaci wrrrapon and subject of he con d dr.Stale of Colorado,Yee... December 2, 2002 n Reception dee and erne d final payment Nr of the amount
inpeercoring request ie CCrtyy Council wilt pass one a rye Numar 3010458; roe
shown n Exhibit A d me oropefly annexing to supnd: due end bed. Al such
Resolution sal forth below. oIv� along statement.shell be Mad wen the cAs the
Probe Epneer Jr.,Jorgenson -and was to the paa M d.mom sad B)Thence Wendy
Line.' 28'3TE.
4gBP Peal Hint 8 AmCieles. N.WO Cities d to zoning applicpdo, ordinances the n subject to Northwest Co2merr of said pyeretrabr, 51597.58 nib City of 2Chevy
Bw5er.Cdaate 6D3te annexation pe5Wm. OM reeled properry N requested n the Parcel 2 on the North Line of tee Decoca,Galindo Fwture
303.449.9105ra Phone documents are on the and petition. North Hat d sale Section 13, on the pert of any dement to M
3 MTBESfy avaable public n stash verified statement in office d the Ciy Clerk, 512 INTRODUCED READ. SIGNED 7)Thence NBA• 22R3-E, along Row sawema will retee MOily
pares she ro)eO penuW bra Carry Skeet Deco,CO 80514, AND APPROVED Yips 14th day of say North Lee. beng also the of Decaw, as City
Camp(
Unit and m ma will be dump regime business hours.Sat August,2006. Moss Lice of said Paton 1 end 2 Rare,agents and ernpbyeee,of
m� tie bran below k the Restitution as described n the QuilcWm and ham any and a8 liability for
time olio. of M�'Engineer Seed 'sub:wank! compliance with D ! carryon WTY OF DACONO,COLORADO Deed rsmrded�Decemberlu�m�b�e�r�� 2,2102 such dorm as provided by kw.
above. Commove may make to evacuee lewd or role State d W By. 3l .12Re MN Number 3010468.
enrgentn!b pkdr W hitide cortex,.Meta being t e N i ea at Col scone srve lri1r OF Woe-Lunn'
ethiM S at Yap office Tr rink Colorado. ATTEST: pro 1l1 Nss ora'aasl�in
said BY:Valerie Edbiiucw
odor.Centrist e b the Wog* Dated ha 180 day d August. By Quitclaim Dead hoarded City ClerkAvenue HMower'a, however, 2006_ Valets EBot-Lunn,Cty CHM Decanter 2, 2002 at Reception Published n he Callon V
VW selected blotch Mal honor Number 3010450. Utley
sate oak pricing.whth anal be CITY OF OACONO,COLORADO EXHIBIT A Toro a soothed', along 0e end Se and September
0 August NI
elraeti.for end male eveibe. Vetere Elkton-Lwow and Sepanher 6.7000.
to cremes IV AN outer WpMrete Coy Clerk That pert d 0e abandoned Union described In In the Quitclaim DeedOf sale Parcel I
HFI Moja 01141 44 t seeped Paced Rapreed CPnpeny RigN+Y f00orded December 2. 2002 at TOWN Of FRESTONIL
bidder a glen rldnasel One Publication Dates August 23 and way lying In Section 13.Township b _
yeArt. miss
•ewrnn,sods%Morel work b a 30,September 6 end 13,2006 n 1 North,Range 68 West of to Ell. NV)CO S"10450 the COLOM(NI
'Jx1w,it which rsole benne o..Mead 904 Pe Farmer end Miner Principal Meagan, County of (2)cdnes None NoncEli Hereby;even del the-
urEWeld,Stale of Colorado Mashed I1 388 82 feet along tie am of e PanT1 end Zghng ComaNenm
I� phphase sag prkAe � RESOLUTION NO.peke es forties: curve concave to aM west having. of the♦Tam d Ftlaba'wel odd
0e WI ss Well a RESOLUTION FINDING a radius of 11808 it aaL a a Punt Heatag commencing al
mewed El Oval orty SUBSTANTIAL COMPLIANCE Parcels I arq 2 as described in central bogy of 01 •5EOW'and 7:00 P.m...Wednaaday,October 4,
ooraakrnl with FOR AN ANNEXATION the DuPont' Deed recorded to chord of which.beam $11 7 2016 r the Firestone Ruth.Hag.
lOrthe
t CPI(Co IMO pPreay s)Intros) Pk hsaON FILED WITH THE Decanter 2, 2002 at Reception OO'32 W,368.85 feet p a tangent 151 Omni Avenue, Firestone.
CITY OF DACONO FOR Number 3010457 of the Weld cause: Coloreds 80520.The purpose of
other apeditc rasa a4de peter* PROPERTY TO Bt KNOWN AS Gqryy Records, together with 2)Sit'58'37-W,2303.55 Nat to he Pub c Hafmq e b conskHr a wing''Pees^*and geneses. THE WARNER ANNE1f ,eel TO Periods land 1 es described n the Southeast Corner a said epees' for r.aSg d propery
The submittal d big h ran THE UDC OF DACONO.AND to Quitclaim Deed waded Parcel I es dilated n 010proposed b be ann e-ed a Ile pone a SETTING A PUBLIC NEARING December 1. 2002 at Reception ONtdann Deed recorded Tpvm end Winn as to SI Von
this Imitation shoe connate an THEREON. Number 3010458 of seed Wee December 2, 2002 at agreement d too bidder to at CoaaY records: together with Notate( 3010458 on the S South and 3 aM Pert equuest tor pray
nsnake aNiLLAe sufth bidder b selected O0nehd as ere WHEREAS , 4 pant for Trod 1 as deserted in the toe of said North Hat of Section of an Coati Dehatoprnerk Pen
sod add be id e
a n of certain properly, to Quitclaim Deed recorded Mat 7, 13 and being also 0e Non hen kg St Ven Stale Perk. The
rip Werner 2005 at Reception Number Corner of said Parcel 1 as zoning requested he Planned Unit
The Wiredheal Hp MeamlienAnnexation,,has bee Bed ern 3206275 Or ai Weld Cindy mayed n the Qutdnm Deed nth Open Spam
the Cty Council d the City d Records and Mora ecaded December 2, 2002 et Oaten .1 reserves the rgit b Deceo,rte ang Fu titto.yl hereby given
reed any end ail bide for reasons particularly de>mad as bows. Reception Number 3010457: that 0e Board of Trustees at 4y
pal be rrdiedoaee to he WHEREAS,the City Cooped has IN at the Soot Thence southerly along a era Town a Firestone wR hold a
bidden n.and the e caw received Y meowed the peao ln;end �Amei of sad Swoon 13 which b aniguous with she C8y Public Hearing conunwshgt at
tom which the southeast Carer CO Deno Corporate Lamas beep 7'00 Pm, Money.October 12,
FNr Rlwcaton WHEREAS the Orly Council of sad Section t3 been NOS • also he Easterlye a Li sod 2005'et the FINN**Town tia0,
MaprW 23,2906 wives to pen anxrllenaous 25'22'00, 2613.20 Net thence Parcel 1 as described n de 151 Grant' Avenel, NMaebaa,
�Pubimpon September 6
, consideration o) ha stand! NES , 25'7'4 along the South Quitclaim Deed recorded Colorado 80520 T e Of
Name of Publication Carbon property Mr-annexation end Ill LM ores*Southwest Quarter of December 2. 2102 et Beeman he Public NeMn9 Is b deleatte
alley Foray P +rd n Car zoning, requested in the pears; said Section 13. 36811 net Number 30104,57 he bawng nos whetter.etch proparo NN*Meta
._ _______—_._.._._ thence NO0'34'33-E,3000 ell (5)courses: a paean fm annexation no bean'
WHEREAS heet right anger from to South Line filed wuh the Tom,to be Idrowe
City Came hes of the Southwest Quarter of said 1) Continuing Sill • 58'37'W, as the St Oran Sae Petit
CITY Of RACONO,COLORADO retread the plan end nuns Station 13 to the Intersection of 1299.41 leel to a pont d N1190'0400Nm 1,2 end 3 b he
c mtO OF PUBLIC COLOR
Ai5 barbel by Reedua ply findings digs the Easterly Line of said Parcel 1 coinaxe:Teem d Fyatone. meets the •
BEFORE THE DACONO n regard to the petition. as dented in the odbaan appallsrequnmrn of he
Deed recorded December 2,2002 2)372 66 feel eking 0e arc of a statutes of.the State a Colorado
PLANNINO AND ZONprO NOW THEREFORE, BE IT at Raceveon Number 3010457 curve aoemve to the cash having end s e e Per"wall"'I°
COMMgSIQN RESOLSED BY THE CITY with erro Mach k 30.00 feet a radios of 567958 feel a centw the Tarp;b Eeden1JM the=ring
ON A PROPOSED ZONING OF COUNCIL OF THE CITY OF Northerly of end parallel Mth say angle of 03•4534^and the chord for the prOpmed AnmAASSR.and
PROPERTY South Una of the Southwest of which bears 510 • 0310'w to mntsdr 0 request br apeman
of Did.
-/ City of Dacono, Colorado
September 6, 2006
Weld County Board of Commissioners
P.O. Box 758
Greeley, CO 80632
RE: Warner Parcel Annexation Request—Impact Report
Dear Commissioners;
Please find attached a copy of the Annexation Impact report for the proposed Warner Parcel
Annexation. This is a strip of land currently located in Weld County. It is located in Section
13, T1N, R68W, and was once part of the Union Pacific Railroad right of way, but
subsequently abandoned.
The Dacono City Council will consider a request to annex and zone the subject property at a
public hearing on October 9, 2006. Please contact me if you need further information or have
questions.
Sincerely,
Jossp L. erdom, Jr. AICP
Pl.,j; _ Coordinator
512 Cherry Street • Post Office Box 186 • Dacono,Colorado 80514
(303) 833-2317 Fax—(303)833-5528
Annexation Impact Report
Warner Parcel
May 9, 2006
Prepared By:
Civil Arts-Drexel Group
1860 Lefthand Circle, Suite A
Longmont, CO 80516
Q:\E-I 68 Warner RRWDMIN\Doc\Annexation Impact Report-DK.doc
1
Annexation Impact Report
Warner Parcel
May 9, 2006
Prepared By:
Civil Arts-Drexel Group
1860 Lefthand Circle, Suite A
Longmont, CO 80516
F Q:\E-I 68 Warner FIR ADAM Doc\Annexation Impact Report-DK.doc
1
! -
Table of Contents
I I. Project Description 3
II. Municipal Services 3
III. Special Districts 4
I IV. School District Impact 4
V. Exhibits 5
f
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If
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It
1
2
- I. Project Description
The proposed Warner Annexation areas are shown on the attached maps. The area to be
annexed is referred to herein as the Warner Parcel and consists of approximately 37.73
acres currently zoned A-Agriculture in Weld County. The subject property is located
north of Weld County Road 8 and south of Weld County Road 10 and is bordered by
Dacono Estates and Eagle Meadow subdivisions. The 37.73 acres lies in an infill area of
the existing City boundary (see exhibit). In conjunction with the proposed annexation,
the zoning is anticipated to change from Weld County A-Agriculture to City of Dacono
R2-Residential zoning.
II. Municipal Services
Municipal services for the Warner Parcel 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
Municipal Services shall be extended as follows:
The water distribution system will tie into an existing stub out located on WCR 8 which
was previously installed by the property owner. The water system will tie to Eagle
Meadow Subdivision temporarily, and then extended to the Cottonwood Subdivision to
— the north in the future.
Sanitary sewer service shall connect to the existing St. Vrain Sanitation Districts,
Grayden sanitary sewer which enters the property from Dacono Estates then goes north
approximately 2400 feet at which point it turns west across Eagle Meadows Subdivision
to WCR 11.
Financing the municipal services within the area to be annexed is addressed in annexation
agreements between the applicant and the City of Dacono.
3
III. 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
IV. School District Impact
The proposed annexation is expected to include single-family homes. The City of
Dacono is working in conjunction with the Fort Lupton School District to mitigate
impacts upon area schools. Those schools for this annexation would be Butler
` Elementary, Twombly Elementary, Fort Lupton Middle School, and Fort Lupton High
School as of today.
The Concept Plan for the Development anticipates the following:
Single Family Detached
Number of Units 93 - 100
Cash-in-lieu contribution per unit: $939.00
Fair Contributions for Public Schools shall be required. Fair Contribution consists of a
_ cash-in-lieu fee per lot as shown above and as may be in affect at the time of
development. Current policy with the Ft. Lupton School District is for the Developer to
meet with the District to discuss plans and to keep the District fully informed of plans and
progress. Said meetings will be held. Additionally, a phasing and timing plan for
development shall be provided and updated continually.
4
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 Water District Service Area Map
Annexation Exhibit 4: Dacono Comprehensive Use Plan
5
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rii EXHIBIT 1
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Ca CR16
cc o
— 2 1
-E cal
a
o
�� ! 416 IS 4/8 4/8 4/4 CR 14 212---12/21
— ICI
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co .'12/41 • 94 • 4/4 =2/2 4/4 ® 4/4I
1. 2/4 1 12121
'u
- 2n Imi.2/2r CR12 __�
- --12121 .. H212F iv2}
ek _1
25 X2/4 214 - 14141 12121��taoey°`� 12121 12121 Iv*
i itit
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— CR 10—
1 Ca1o'2/41 2nI.._......�•..<• a 212 2/2F
H�' i WARNER PARCEL
i_ 2/4 2141-- 4/4 ` 2/21 2/2 2/21 1C1
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r 4/4 1 4T11. 0 2/4 CR 8 2/21 U 2/2 12/2
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cR s 12/4--12/41,, .- 12/4 2/41 212 212
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- 12/41 `.� t
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—
CR4
LEGEND
XIX = 2025 Laneage Requirement/ .. im, = Freeway
Long Range Right-of-Way = Major Arterial
= Potential Future Roadways = Minor Arterial
iimo = Collector
O = Potential Future Interchange = Local Figure 11
r L_li = City Boundary
Roadway Plan
North
Dacono Transportation Plan 02-135 5/29/03
St. Vrain Sanitation District
EXHIBIT 2
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Omit 20 29
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WARNER PARCEL ( j{District Border /
I I 21:6 Boundary Wasr e 0.5 f
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EXHIBIT 3
CENTRAL WELD COUNTY WATER DISTRICT
SERVICE AREA
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FORT 65 N.1.5.
GOWNS
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CARTERurF V $5
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287 r / C4uNTY WATER
r oat'Fv �E DISTRICT
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DENVER 70
70
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O
DRAFT: May 15, 2006
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 15th day.of May , 2006 by and
between Forestar(USA)Rea!Estate Group Inc, hereinafter referred to as the 'Owner,' and the CITY OF
DACONO, a homef� ♦ rule municipal corporation of the State of Colorado, hereinafter referred to as
" no or°City'.
WITNESSETH:
AREAS, the Owner desires to annex to Dacono the property more particularly
described on Exhibit "A," which is attached hereto, incorporated herein, and mattr; a part hereof
(such property is hereinafter refee.ued to as"the property"), and
WHEREAS, Chvner has executed a petition to annex the property, a copy of which petition
is on file with the City Clerk;and
W HERF..AS, 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
_ time to time.
_ 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 cur within
the property and that no taking thereby will occur requiring any compensation.
NOW, 'THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE
COVENANT'S AS HEREINAFTER SET FORTH, IT TS AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
]. Incorpocallo 1 of RiTitaig. The parties confirm and incorporate the foregoing recitals
into this Agreement
2. Purpose. The purpose of this Agreement is to set forth the tea ms and conditions of
the annexation of the Property to the City. Except as expressly provided for heron to the
contrary, all terms and conditions herein are in addition to all requirements concerning
annexation contained in the Dacnno Municipal Code, development regulations and
comprehensive plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. ' 3l•12-
101,PI -
1
DRAFT: May 15, 2006
{ 3. Further Acts. Oster agrees to =mote, 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 annotation of the
property or any petition for an annexation election relating to the property, except upon request of
Dacono.
•
4. Annexation I)acunients. Owns agrees to furnish sudi 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
repert.
5. Action on Alt.a ation Petition. Dacono shall act upon the annexation peon
within six months of the date of filing thereof with the City Clerk, unless Owner consc'ts to later
action.
6. Zonins, and,,,Develepment, 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 perinit zoning by Dacono of the annexed property within die time
prescribed by state statutes.
7. Det3icatioree Overtax 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 iuunediately upon request of the City except that intesua] rights-of-way
shall be dalicatcd at the time 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 prdinences 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 impr+overnenss as rewired by City ordinances and resolutions,to
guarantee construction of all required irujwovements, and, if requested by Dacono, to dedicate to
Dacono any or all other required improvements. Owner agrees to eater 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
for such ircluiitm. if requested by Owner, Dacono agrees to consider the establishment of one or
2
DRAFT: May 15, 2006
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( Thereby appoints the City Clerk
of Docono as Owner's attorney-in-fact for the purpose of executing a]1 docoments determined by
Dacono to be necessary for such inclusion.
Ur Conformity with Law. . Owner agrees that the design, improvement, construction,
development, and use of the property shall be in conformer 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 pity 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. Severabilit '. The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jorisdiction to be illegal or in conflict with any law of
the State of Colorado, the validity of the reanaining 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. .Mu icipal 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 and sewer services. [If appropriate:
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 Bout and
provided by the City subject to all ordinances, resolutions: rules, regulations, agreeaonts and
policies governing such use, as in effect from time to time, unless otherwise agreed by the City.]
Owner ctowledtts that City services do not include, as of the date of the execution of this
Agree-moat, services, but the property is presently included within the boundaries of
and is entitled to receive such services from the_ District.
'— IS. Water fights. 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
3
DR.A 1': May 15, 2006
requited by the ordinances, resolutions and policies of the City. As of the date of this
Agreement, such ordinances, resolutions and policies require such dedication to be made at the
time of recordation of the subdivisions plat for residential uses, and at the time of building permit
application for non-residential'uses.
16. [Leave blank for special provisions.)
17. Owne±c 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 andfor unit types within the development of the Property. Owner shall form any such
association(s) pursuant to the Colorado Common interest Ownership Act (the AActe), C.R.S.
33-33.3-101, et sea. 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,
inchxling 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 trucks, 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 givim parcels and/or unit types within the development of the Property.
18. 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 St. Vrain 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 the City.
19_ SprtcialDistrict Uxclnsion. As a condition of annexation,Owner shall petition for
exclusion of the Property from the Tri-Area Ambulance District, and any other special districts
as determined by the City.
20. Future Cooperation. The parties agree that they will cooperate with one another in
acconxplishirn the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same,
-- 21, 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 covenant 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
4
DRAFT: May 15, 2006
the amendment. Except as otherwise provided herein, Agent shall not be amended unless
approved in writing by all parties hereto.
22. Entire Agreement. This Agreement embodies the entire agreement of the parties.
There are 1ro promises, terms, conditions, or obligations other than those contained herein;and this
Agreement supersedes all previous coin nunications, re aoscntations, or agreements, either verbal
or written,between the parties.
23. 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's fees and court costs, which arise out of or are in any manner
connected with the annexation of the property, or with any other annexation or other action
determined necessary or desirable by the City in order to effectuate tho annexation of the property,
or which are in sny manner connected with Dacono's enforcement of this Agreement. Owner
further agrees to investigate,handle, respond to, and to pzovide defense for and defend against or at
the City's option to pay the attorney's fees for defense counsel of the City's choice for, any such
liability,claims,or demands.
2.4. Owner. As used in this Agra ment,the term"Owner shall include any of the heirs,
transfers; successors,or assigns of Owner, and all such parties shall have the right to enforce this
Agreement, and shall be subject to the tutors of this Agreement, as if they were the original parties
_+ th+a*eto
25. 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.
26. l3indinp 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 coi apetent jurisdiction.
27. Failure toJ 1ex. This Agreement shall be null and void if the City fails to approve
the annexation of the property.
28_ Legislative pisoxetion. The Owner acknowledges that the annexation and zoning of
the property are subje t to the legislative discretion of the City Council oldie City of Dacono. Na
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
5
-- DRAFT: May 15, 2006
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.
29. Breach lw 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 certiiieate of occupancy; provided, however, that this
_ nm edy shall nor be available to the City until after the affidavit described in Paragraph 27(B),
below, has been recorded. This remedy shall not affect sales to bona fide purchasers nor be
applied to bona fide parehasees.
(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
diignec, stating that the terns 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 ;lie 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;and/or
(I)) 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 hike
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.
30. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by facsimile txansrnission 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 moil shall he considered effective seventy-two (72) hours
6
DRAFT: May 15, 2006
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 fitture notices shall be sent.
Notice to City: City of Dacono
512 Cherry Street
Dacono, CO 80514
Fax: (303) 833-5528
With a copy to: I..ight,Harrington &Dawes, P.C.
1512 Latimer St.,#530
_ Denver, CO R0202
Fax: (303) 298-1627
Notice to Owner:
With a copy to:
31. FLccticcui. Owner agrees it is voluntarily entering into this Agreement. Owner
represents and submits that, to the extent an election would be regitired 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 elanion would necessarily result in a majority of the electors= approval to the
annexation and the terms and conditions.
32. hto Third-Pazt�+ Rights. This Agreement is made solely for the benefit of the
panics hereto, and is not intended to nor shall it be deemed to confer rights to any persons or
eattities not named as parties hereto.
33. Governing 1aaw. 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.
34. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and arc for convenience
only.
35. Acsth„pji!y and Counterparts. Each person executing this Agreement on behalf of
Owner represents tit he or she has been duly authorized by the person be or she represents to
7
DRAFT: May 15, 2006
execute this Agreement, and has fa authority to bind said party to the terms and conditions
hereof. Each peen executing this Agreement on behalf of tht Owner warrants that he or she is
a record owner of the Property or is acting in accordance with the currently valid and =revoked
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 sauce document.
OWNER Forestar (USA) Real Estate Group inc.
John K. Pierret, Executive Vice President
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
DRAFT May 15, 2006
CITY OP IMCONO
BY:
Mayor
ATTEST:
City Cleric
D1Ma7C 14•71 Pm puff b'""Tre."-••••,.'o A'1OIT, ig
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