HomeMy WebLinkAbout20020272.tiff "= 2' COLORADO
January 25, 2002
Clerk to the Board of Weld County Commissioners
915 10th Street
Greeley, CO 80631
Re: Referral for comments regarding IGO First and Second Annexations
Dear Weld County Commissioners:
In accordance with Ordinance No. 208 and 31-12-109(2), C.R.S., as amended, you are hereby
given notice as set forth in the attachments, that the City of Evans shall hold a public hearing on
February 19, 2002 to determine whether the enclosed described territories, referred to as IGO
First and Second Annexations, are eligible for annexation to the City of Evans.
IGO First Annexation is located at the southwest corner of 37`h Street and 65`h Avenue and does
not include the old Ashton school site. IGO Second Annexation is located at the southeast corner
of 37th Street and Two Rivers Parkway(77th Avenue). The proposed annexations contain
approximately 316.77 acres. The property will likely be developed for mixed land uses,
including low density residential, multifamily residential, and commercial development.
Any comments regarding the annexation should be submitted by February 13, 2002. If you
have further questions, please contact me at 339-5344 extension 118.
Sincerely,
• - /
114ntdn&C
Audrey Wimmer
Planner
Enclosure
Pgb/'e 4 'er,J
/ 3/2 O7O O02, 2002-0272
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472
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CITY OF EVANS
1100 37TH STREET
MOP
EVANS, COLORADO 80620
970-339-5344 EXT. 112
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended,hereby petition for
City Council of the City of Evans,Colorado, for annexation to the City of Evans the unincorporated
territory more particularly described below, to be know as TGC) FIRST , and in support of
said Petition, your petitioners allege that: SECOAID AAJNE 4TTO'JS
1) It is desirable and necessary that the following described territory be annexed to the
City of Evans;
SEE A7T -cHeb
2) Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed is
contiguous with the City of Evans, Colorado;
3) A community of interest exists between the territory proposed to be annexed and the
City of Evans, Colorado;
4) The territory proposed to be annexed is urban or will be urbanized in the near future;
5) The territory proposed to be annexed is integrated or is capable of being integrated
with the City of Evans, Colorado;
6) The signatures of the Petition comprise more than fifty percent (50%) of the
landowners of the territory to be included in the area proposed to be annexed;
7) No land held in identical ownership,whether consisting of one tract on parcel of real
estate or two or more contiguous tracts or parcels of real estate:
a) Is divided into separate parts or parcels without the written consent of the
landowner or landowners thereof,unless such tracts or parcels are separated
by a separate dedicated street, road or other public way;
b) Comprising twenty(20)acres or more and which,together with the buildings
and improvements situated thereon has an assessed value in excess of Two
Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the
year preceeding the annexation, is included within the territory proposed to
be annexed without the written consent of the landowner or landowners.
1 Petition of Annexation
8) No part of the area proposed to be annexed is more than three miles from a point
on the municipal boundary, as such was established more than one year before this
annexation will take place;
9) The area proposed to be annexed comprises (Check One):
More than ten acres and the Board of County Commissioners of Weld County has
agreed to waive the requirement of an impact report as provided for in section 31-12-108.5,
C.R.S., as amended.
More than ten acres and an impact report as provided for in section 31-12-108.5,
C. S., as amended, is required.
Ten acres or fewer and an impact report as provided for in section 31-12-108.5,
C.R.S., as amended, is not required.
10) The area proposed to be annexed is located within Weld County, and the following
special districts:
Water Districts /VC,Mi!)
Sanitation District
Fire District AA I u.iKF"I
School District SCHOOL DI 5712 ICr #4'
Recreation District
Library District (orb
Ambulance District (Meth
Jr. College District AIMS
Other
11) The mailing address of each signer, the legal description of the land owned by each
signee and the date of signing of each signature are all shown on this Petition;
12) Accompanying this Petition are four(4)prints of the annexation map containing the
following information:
a)A written legal description of the boundaries of the area proposed to be annexed;
b)A map showing the boundary of the area proposed to be annexed;
c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be platted, then
the boundaries and the plat number of plots or of lots and blocks are shown;
d)Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the City of Evans, and the contiguous boundary of any
other municipality abutting the area proposed to be annexed;
e) The dimensions of the contiguous boundaries are shown on the map.
2 Petition of Annexation
i
13) The territory to be annexed is not presently a part of any incorporated city, city and
county, or town;
14) The undersigned agree to the following, which shall be covenants running with the
land, and which shall, at the option of the City, appear on the annexation map;
15) Petitioner represents that:
a) Water rights shall be provided pursuant to City Ordinance;
b) The owners shall participate in providing drainage plans and improvement and
payment of a unit drainage fee as may be required by the City for the area;
c) The undersigned hereby waives any and all "vested rights" previously created
pursuant to Section 24-68-103, CRS, as amended;
d) The undersigned and the City may enter into a Pre-Annexation Agreement prior
to the effective date of this annexation, which agreement shall be additional
conditions as effectively as if set forth in this Petition; and
Check One:
No part of the property to be annexed is included within any site specific
development plan approved by weld County, Colorado.
A site specific development plan has been approved by Weld County, Colorado,
which has created a vested right.
16) The petitioner understands he will be responsible for costs incurred by the City of
Evans such as, but not limited to, advertising and recording fees, attorney fees, and
other professional costs incurred by the city.
3 Petition of Annexation
Executed this 10th day of January, 2009-
Property owner of attached legal description including fee title of land to the
adjacent right-of-way:
GREAT NORTHERN PROPERTIES LLLP
By: 3o ca.��
John D. Wheeler, as Manager
ACKNOWLEDGMENT
STATE OF COLORADO
ss.
COUNTY OF WELD
The above and foregoing signature of Sp LAI ab ke- 1e.C on behalf of
, was subscribed under oath before me on this lb day of SRNrlft-PGd. , 2002.
WITNESS my hand and official seal. ( f�
co EIC69/a.& 3o (�
n�I C Notary Public
Property owner of attached legal description including fee title of land to the adjacent
right-of-way:
WILLIAM
C. BENSLER
ACKNOWLEDGMENT
STATE OF COLORADO ) •
) ss.
COUNTY OF WELD ) p
The above and foregoing signature of IJz/i'r►int ('n • ru8&/c5 lEe , on
behalf of , was subscribed under oath before me on this /6
day of %TenoAed- • , 2002.
WITNESS my hand and official seal.
Notary Pu is o91os-103
4 Petition of Annexation
CITY OF EVANS, COLORADO
RESOLUTION NO. 8-2002
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR IGO FIRST ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation'map, was hereto
filed with the City Clerk requesting the annexation of certain property to be known as the IGO First
Annexation, more particularly described in the County of Weld, State of Colorado, as follows:
Please refer to the attached Exhibit A
WHEREAS,the City Council desires to initiate annexation proceedings in accordance with
the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
Section 1. That the City Council hereby accepts said annexation petition, finds and
determines that the annexation petition and accompanying map are in substantial compliance with
CRS 31-12-107, and desires to initiate annexation proceedings in accordance with law.
Section 2. The City Council shall hold a hearing to determine if the proposed annexation
complies with CRS 31-12-104 and 31-12-105,or such parts thereof as may be required to establish
eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS: A hearing shall be
held on the 19th day of February, 2002, in the City Council Chambers of the City of Evans, 1100
37th Street, Evans, Colorado, at 7:30 p.m.
Section 3. The City Clerk shall publish notice of such hearing once per week for four
successive weeks in the Greeley Tribune, with the first publication at least thirty(30) days prior to
the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for
annexation to the Clerk of the Board of County Commissioners, the County Attorney and to any
Special District or School District within the area proposed to be annexed.
Section 4. This Resolution shall be in full force and effect upon its passage and adoption.
PASSED,APPROVED AND ADOPTED at a regular meeting ofthe City Council ofthe City
of Evans on this 15th day of January, 2002.
ATTEST: CITY OF EVANS, COLORADO
By: vs
City Clerk ay
EXHIBIT A
IGO FIRST ANNEXATION
That portion of Sections 21, 28, and 29, Township 5 North, Range 66 West of the 6th P.M., County
of Weld, State of Colorado more particularly described as follows:
Considering the North line of the Northwest Quarter of Section 28, Township 5 North, Range 66
West of the 6`h P.M., as monumented by a 3/4" X 30" rebar with a 2 1/2" diameter aluminum cap,
P.L.S. 23501 at the North Quarter corner of said Section 28 and by a 3/4" diameter rebar with a 3
1/4" diameter aluminum cap, P.L.S. 22098 at the Northwest corner of said Section 28, to bear an
assumed bearing of South 89°31'25" West with all bearings contained herein relative thereto.
BEGINNING at the Northwest corner of said Section 28; thence along the West line of the
Northwest Quarter of said Section 28 South 00°03'15"East 2631.52 feet to the West Quarter corner
of said Section 28; thence along the East-West centerline of said Section 28 North 89°40'01" East
2601.11 feet to the West right of way line of 65th Avenue, said point being the Southwest corner of.
WCR Annexation, filed under Reception No. 2880955, records of said County; thence along the
West line of said Annexation North 00°04'01" West 2387.35 feet to the South line of that certain
parcel described under Reception No. 2154634,records of said County;thence along the Southerly
and Westerly sides of said parcel the following three courses: North 89°41'36" West 161.21 feet;
thence North 00°34'28"West 218.46 feet;thence North 89°31'25"East 163.18 feet to the West line
of said Annexation; thence along said West line the following two courses: North 00°04'01" West
30.00 feet to the North line of said Southeast Quarter; thence North 00°47'57" West 30.00 feet to
the North right of way line of 37`h Street;thence along said North right of way line South 89°31'25"
West 2600.86 feet to the Northeast corner of Wiedeman Sixth Annexation to the City of Greeley;
thence along the East line of said Annexation South 01°21'04" East 30.00 feet more or less to the
point of BEGINNING. The above described parcel contains a gross acreage of 158.29 acres more
or less.
l Reso. 8-2002
CITY OF EVANS, COLORADO
RESOLUTION NO. 9-2002
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR IGO SECOND ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation map, was hereto
filed with the City Clerk requesting the annexation of certain property to be known as the IGO
Second Annexation, more particularly described in the County of Weld, State of Colorado, as
follows:
Please refer to the attached Exhibit A
WHEREAS,the City Council desires to initiate annexation proceedings in accordance with
the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
Section 1. That the City Council hereby accepts said annexation petition, finds and
determines that the annexation petition and accompanying map are in substantial compliance with
CRS 31-12-107, and desires to initiate annexation proceedings in accordance with law.
Section 2. The City Council shall hold a hearing to determine if the proposed annexation
complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish
eligibility for annexation under the terms of Part I, Article 12, Title 31, CRS: A hearing shall be
held on the 19th day of February, 2002, in the City Council Chambers of the City of Evans, 1100
37th Street, Evans, Colorado, at 7:30 p.m.
Section 3. The City Clerk shall publish notice of such hearing once per week for four
successive weeks in the Greeley Tribune, with the first publication at least thirty(30) days prior to
the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for
annexation to the Clerk of the Board of County Commissioners, the County Attorney and to any
Special District or School District within the area proposed to be annexed.
Section 4. This Resolution shall be in full force and effect upon its passage and adoption.
PASSED,APPROVED AND ADOPTED at a regular meeting ofthe City Council ofthe City
of Evans on this 15' day of January, 2002.
ATTEST: CITY OF EVANS, COLORADO
--L4L-A2L. By: Ufa 7
City Clerk ayq{f ��/7
- 1
EXHIBIT A
IGO SECOND ANNEXATION
That portion of Sections 21 and 29, Township 5 North, Range 66 West of the 6th P.M., County of
Weld, State of Colorado, more particularly described as follows:
Considering the North line of the Northwest Quarter of Section 28, Township 5 North, Range 66
West of the 6th P.M., as monumented by a 3/4" X 30" rebar with a 2 '/2" diameter aluminum cap,
P.L.S. 23501 at the North Quarter of said Section 28 and by a 3/4" diameter rebar with a 3 1/4"
diameter aluminum cap,P.L.S.22098 at the Northwest corner of said Section 28,to bear an assumed
bearing of South 89°31'25" West with all bearings contained herein relative thereto.
Beginning at the Northeast corner of said Section 29, said point being, also, the Northwest corner
of said Section 28, said point being on the West line of IGO First Annexation; thence along said
West line and the East line of the Northeast Quarter of said Section 29 South 00°03'15"East 30.00
feet to the TRUE POINT OF BEGINNING; thence continuing South 00°03'15" East 2601.52 feet
to the East Quarter corner of said Section 29, thence along the East-West centerline of said Section
29 South 89°13'56" West 2618.47 feet to the Center of said Section 29; thence South 89°13'56"
West 2618.41 feet to the South line of Wiedeman Sixth Annexation to the City of Greeley, filed
under Reception No. 2885734, records of said County; thence along said South line and the North
right of way line of 77th Avenue the following two courses: North 89°11'04" East 30.00 feet to the
West line of the Northeast Quarter of said Section 29; thence North 89°36'06" East 2611.51 feet
more or less to the TRUE POINT OF BEGINNING. The above described parcel contains a gross
acreage of 158.48 acres more or less.
1 Reso. 9-2002
NOTICE OF PUBLIC HEARING
ANNEXATION REQUEST
NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the
City of Evans will hold a Public Hearing on thel9th day of February, 2002 at 7:30 P.M., held at
the City Hall Council Chambers, 1100 37th Street, Evans, CO, at which time and place they will
consider and act upon the application for annexation of two parcels of property to the City of
Evans. The following property is referred to as IGO First and Second Annexations and is
'described as:
IGO FIRST ANNEXATION
That portion of Sections 21,28, and 29, Township 5 North,Range 66 West of the 6`"P.M.,County of
Weld, State of Colorado more particularly described as follows:
Considering the North line of the Northwest Quarter of Section 28,Township 5 North,Range 66 West of
the 6th P.M., as monumented by a 3/4"X 30"rebar with a 2 %"diameter aluminum cap,P.L.S.23501 at the
North Quarter corner of said Section 28 and by a 3/4"diameter rebar with a 3 1/4"diameter aluminum cap,
P.L.S.22098 at the Northwest corner of said Section 28,to bear an assumed bearing of South 89°31'25"
West with all bearings contained herein relative thereto.
BEGINNING at the Northwest corner of said Section 28;thence along the West line of the Northwest
Quarter of said Section 28 South 00°03'15" East 2631.52 feet to the West Quarter corner of said Section
28;thence along the East-West centerline of said Section 28 North 89°40'01" East 2601.11 feet to the
West right of way line of 65`"Avenue,said point being the Southwest corner of WCR Annexation,filed
under Reception No. 2880955,records of said County;thence along the West line of said Annexation
North 00°04'01" West 2387.35 feet to the South line of that certain parcel described under Reception No.
2154634,records of said County;thence along the Southerly and Westerly sides of said parcel the
following three courses: North 89°41'36"West 161.21 feet;thence North 00°34'28" West 218.46 feet;
thence North 89°31'25" East 163.18 feet to the West line of said Annexation; thence along said West line
the following two courses: North 00°04'01"West 30.00 feet to the North line of said Southeast Quarter;
thence North 00°47'57"West 30.00 feet to the North right of way line of 37`"Street;thence along said
North right of way line South 89°31'25" West 2600.86 feet to the Northeast comer of Wiedeman Sixth
Annexation to the City of Greeley;thence along the East line of said Annexation South 01°21'04"East
30.00 feet more or less to the point of BEGINNING. The above described parcel contains a gross acreage
of 158.29 acres more or less.
IGO SECOND ANNEXATION
That portion of Sections 21 and 29,Township 5 North,Range 66 West of the 6'"P.M., County of Weld,
State of Colorado,more particularly described as follows:
Considering the North line of the Northwest Quarter of Section 28,Township 5 North,Range 66 West of
the 6`"P.M.,as monumented by a 3/4" X 30"rebar with a 2 %"diameter aluminum cap,P.L.S.23501 at the
North Quarter of said Section 28 and by a 3/4"diameter rebar with a 3 1/4" diameter aluminum cap,P.L.S.
22098 at the Northwest corner of said Section 28,to bear an assumed bearing of South 89°31'25"West
with all bearings contained herein relative thereto.
Beginning at the Northeast corner of said Section 29,said point being, also,the Northwest corner of said
Section 28,said point being on the West line of IGO First Annexation;thence along said West line and the
East line of the Northeast Quarter of said Section 29 South 00°03'15" East 30.00 feet to the TRUE POINT
OF BEGINNING;thence continuing South 00°03'15" East 2601.52 feet to the East Quarter corner of said
Section 29,thence along the East-West centerline of said Section 29 South 89°13'56" West 2618.47 feet to
the Center of said Section 29; thence South 89°13'56"West 2618.41 feet to the South line of Wiedeman
Sixth Annexation to the City of Greeley, filed under Reception No.2885734,records of said County;
thence along said South line and the North right of way line of 77th Avenue the following two courses:
North 89°11'04" East 30.00 feet to the West line of the Northeast Quarter of said Section 29;thence North
89°36'06"East 2611.51 feet more or less to the TRUE POINT OF BEGINNING. The above described
parcel contains a gross acreage of 158.48 acres more or less.
Vicinity: Southwest corner of 37th Street and 65th Avenue; Southeast corner of 37th Street and
Two Rivers Parkway
All persons being interested in this matter may be present and heard.
Kim Betz
City Clerk
City of Evans
Please publish in the Greeley Tribune on Saturday's; January 19th and 26th, and February
2n° and 9th
.
® 21 �i 1845
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•
IGO Second %t IGO First %*
Annexation ��t Annexation t�tj
2'
... 9 ....., r ®III
Legend
no NE City Limits Vicinity Map
IGO First & Second Annexation's
%/'/ Project Site
Public Works Department January 15, 2002
IGO FIRST & SECOND ANNEXATIONS
IMPACT REPORT
January, 2002
The City of Evans has received a request from William Bensler & Great Northern Properties,
property owners, to annex approximately 316.77 acres to the City of Evans. IGO First
Annexation is located at the southwest corner of 37th Street and 65`h Avenue. The IGO First
Annexation does not include the old Ashton School site. The IGO Second Annexation is located
at the southeast corner of 37th Street and 77`h Avenue (Two Rivers Parkway). Please refer to the
attached vicinity map.
This report is provided as required by Section 31-12-108.5 CRS, as amended, and contains
information on the impact the proposed development may have on the current infrastructure and
financial condition to the City of Evans.
Section 1 - Maps and Utilities
Enclosed as "Exhibit A" is a map showing the vicinity of the IGO First & Second Annexations.
The existing city limit lines are dashed with the subject properties being hatched.
The City of Evans water and sewer utilities are represented in"Exhibit B." Other utilities are not
depicted on this map, but may be extended into easements upon subdividing or dedication by the
property owner.
Section 2 - Pre-annexation Agreement
An annexation agreement is being negotiated. A draft of the most recent agreement is included
in the packet as "Exhibit C". Consideration of the agreement would coincide with the
annexation public hearing.
Section 3 - Providing Municipal Services/Infrastructure improvements
Thirty-seventh Street right-of-way adjacent to the IGO First Annexation is included with the
annexation request, and the adjacent 65`h Avenue is already incorporated into Evans. Thirty-
seventh Street right-of-way adjacent to the IGO Second Annexation was annexed by the City of
Greeley in the Wiedeman 6th Annexation. Two Rivers Parkway adjacent to the subject parcel is
included with the IGO Second Annexation. The IGO First Annexation is located at the
southwest corner of 37`h Street and 65th Avenue, and does not include the old Ashton School site.
The IGO Second Annexation is located at the southeast corner of 37th Street and 77th Avenue
(Two Rivers Parkway). The annexations comprise approximately 316.77.
A conceptual plan has not been submitted for the subject parcels, however, the property owner
1
has mentioned mixed land uses ranging from large lot single-family residential to multifamily
residential development. Commercial has been identified along the Two Rivers Parkway
corridor and at the intersection of 65th Avenue and 37th Street behind the old Ashton School site.
A water line will be extended south along 65th Avenue from Greeley to serve the development. It
is the developers responsibility to extend adequate water services for fire protection and potable
water needs.
A sanitary sewer trunk main is being constructed along Ashcroft Draw. From this trunk main,
the developer will need to extend a new sanitary sewer main in 65`h Avenue south to the subject
parcel. Extension of all sewer mains will be the responsibility of the developer. The City of
Evans is responsible for the operation and maintenance of the Hill-N-Park Sanitation District and
collection system, which would service the subject parcel. Recently, Evans received grant
monies to construct improvements to the facility, which will increase the capacity of the Plant.
By the time this subdivision reaches full build out, the Hill-N-Park Sanitation District should be
able to meet all the demands of this development. Please refer to "Exhibit B"representing the
vicinity of sewer service.
Storm drainage, streets, sidewalks, and similar infrastructure will be the responsibility of the
developer. The City of Evans staff will review proposed plans related to these items to ensure
safe, adequate facilities and improvements are installed.
The City intends to provide police services to the property by utilizing the present police
capability, which can provide adequate protection for a short time period. As this area continues
to develop, additional traffic enforcement activities will be required, and eventually additional
personnel will be needed to adequately address these issues.
Fire protection will be provided by the City of Evans Fire Department utilizing the existing
facilities and equipment. The fire department will review development proposals for safety
standards and assist the property owner with petitioning out of their current fire district. As this
area continues to develop an additional fire station and personnel will be needed in the vicinity of
this property. From this location and through mutual response agreements, fire and rescue
services can be adequately provided for the proposed annexations and surrounding areas.
All open space or park land dedication shall be in accordance with the City of Evans Park Land
Dedication Ordinance. Those areas proposed for park land dedication will be developed from
park fees collected from each building permit.
Setbacks from any oil and gas well heads, tank batteries, separators and related appurtenances on
this property must comply with current City of Evans regulations.
2
Section 4 - Financing Extension of Municipal Services
All of the services provided by the City will be financed through existing sources of revenue.
These sources will also apply to the IGO property, and include revenues for property, sales, and
franchise taxes, water, sewer, drainage, and sanitation fees.
The commercial impact to the City of Evans is unavailable because it is unknown if commercial
zoning will be proposed within the development.
Section 5 - Existing Taxing Districts
Along with the City of Evans, the following districts are included in this annexation and have
been notified as per CRS 31-12-108.
Weld County- Board of County Commissioners, Attorney, &Planning
School District#6
Northern Colorado Water Conservancy District
Milliken Fire Protection District
AIMS Junior College
Weld County Library
West Greeley Soil
Section 6- Local Public School District Impact
The school district recognizes that an increase in residential units creates a need for more
schools. The School District is also assessing the needs for another school site within this area.
3
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IGO Second IGO First
Annexation �� Annexation St I
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Legendic
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IGO First & Second Annexation's
// Project Site 'EXHIBIT A'
Public Works Department January 15, 2002
"EXHIBIT C"
ANNEXATION AGREEMENT
IGO Farm
This agreement is made and entered into this 15th day of January, 2002, by and between
GREAT NORTHERN PROPERTIES, LLLP and WILLIAM C. BENSLER, collectively
hereinafter referred to as"Owner",and the CITY OF EVANS,a municipal corporation of the State
of Colorado, hereinafter referred to as "Evans" or"City".
WITNESSETH:
WHEREAS, Owner desires to annex to Evans the property more particularly described on
Exhibit A, which is attached hereto, incorporated herein, and made a part hereof(such property is
hereafter referred to as "the Property"); and
WHEREAS, Owner has executed a petition to annex the Property, dated January 15,2002,
a copy of which petition is on file with the City Clerk; and
WHEREAS,Owner has prepared a proposal identifying and illustrating requested zoning of
the property more particularly described on Exhibit B,which is attached hereto,incorporated herein
and made a part hereof; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement regarding annexation of the Property to the City and other matters as set forth herein;and
WHEREAS, Owner acknowledges that upon annexation,unless otherwise agreed or unless
the Property is exempted, the Property will be subject to all ordinances, resolutions, and other
regulations of the City of Evans, as they may be amended from time to time; and
WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain
property, including but not limited to property for rights-of-ways and easements, to Evans as
contemplated in this Agreement, are directly related to and generated by development intended to
occur within the Property.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH,IT IS AGREED BY AND BETWEEN
THE PARTIES AS FOLLOWS:
1. Information of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
1
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 Evans Municipal Code, Development Regulations and Comprehensive Plan, and the
Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et
3. Further Acts. Owner agrees to execute promptly upon request of Evans any and all
surveys and other documents necessary to effect the annexation of the Property and the other
provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the
Property or any petition for annexation election relating to the Property, except upon request of
Evans.
4. Annexation Documents. Owner agrees to provide legal documents, surveys,
engineering work,newspaper publications, maps and reports determined by Evans to be necessary
to accomplish the annexation.
5. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner
to develop the Property in a manner generally consistent with the zoning and land uses presented in
paragraph 15 below, and that the granting of such zoning by the City of Evans is a material
consideration of the Owner's agreement to annex the Property to the City. Owner shall take all
action necessary to permit zoning by Evans of the annexed Property within the time prescribed by
state statute. In the event the City does not zone the land in accordance with the uses further
described in paragraph 15, then the City agrees not to oppose any disconnection by the Owner,
subject to the requirements of state law.
6. Public Use Land Dedication. Owner agrees to dedicate,by Special Warranty Deed
or other appropriate instrument of conveyance acceptable to the City, upon receipt of a title policy
commitment, or, at the request of the City, for a homeowner's association to be created, all of
Owner's right,title and interest(subject to exceptions of record permitted by the City),in and to the
applicable property a portion of the territory to be annexed for easement and rights-of-way for streets
and utility easements and such other public purposes are mutually agreed, as required by City
ordinances and resolutions in effect at the time of the dedication. Owner shall have no obligation
to dedicate any land for development of public improvements for the following: public school,
sewer/water treatment facilities or related facility,power generation plant, library,police station or
fire station.
7. Water, Waste Water & Storm Sewer Utilities. Sanitary Mains and appurtenances
shall be constructed to City standards by Owner at Owner's expense to the trunk line. Utility
extension to and through the Property shall be in accordance with a mutually acceptable Developer's
Agreement. Owner shall be entitled to reimbursement for over sizing of any additional mains in
accordance with the ordinances and policies of the City. The water and sewer mains to be oversized
shall be set forth in the Public Improvement Developers Agreement.
8. Water Rights Dedication. Owner shall dedicate water rights as required by
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Chapter 13.08 of the Evans Municipal Code, as of the date of this agreement. Notwithstanding
Chapter 13.08, there will be no further dedication of water rights required except and to the extent
the property uses shown on the attached Exhibit B are replaced in the future by uses having greater
water requirements. All required water dedication rights shall be dedicated to the City upon
recording of the final plat of each development phase of the Property. City will accept the following
water rights: Greeley/Loveland Irrigation Corporation (GLIC) with a "dry up" covenant, Lake
Loveland, Seven Lakes, and Colorado-Big Thompson (CBT).
9. Non potable irrigation. Owner may install a non-potable water system to provide
irrigation water to all areas described within"Exhibit A". The non-potable water system will be an
independent utility system owned,operated and maintained by Owner,or a homeowners association.
If the non-potable irrigation system is installed within public right-of-way, City and Annexor shall
enter into a separate "irrigation right-of-way grant agreement". In consideration of the reduced
potable water demand that will be realized by the installation of a non-potable irrigation system,the
amount of raw water to be dedicated to the City shall be reduced by an amount as determined by an
engineering analysis performed by an engineer acceptable to the City at the expense of owner.
10. Municipal Services. Evans agrees to make available to the Property all of the usual
municipal services provided by the City,in accordance with the ordinances and policies of the City.
The services provided by the city include,but are not limited to, police protection, fire protection,
water,waste water,and storm water services. Such services will be sufficient to fulfill the requests
for the development and with regard to water, the pressure will be normal and customary for
development. Storm sewer may be released from the Property at five year historic flows to Ashcroft
Draw,along public rights-of-way or across adjoining land. Owner acknowledges that City services
do not include, as of the date of the execution of this Agreement, emergency medical services.
11. Public Improvements. Agreed upon public improvements shall be designed and
constructed to City standards by Owner at Owner's expense. Owner further agrees to provide
financial assurances for construction of all agreed public improvements as set forth in each phase
of the development, and to dedicate to the City any or all of the improvements as required by City
ordinances. The public improvements and financial guarantee shall be set forth in the Development
Agreement between the City and Owner.
12 Streets and Arterial Roads. On-site and required off-site streets shall be dedicated,
designed, and constructed to City standards by Owner at Owner's expense, except and to the extent
of approved private streets or PUD streets over which City has rights-of-way for use. However,the
City hereby agrees that the Owner shall not be responsible for the cost of the improvement of the
arterial streets, namely 37`h Street, 65th Avenue and Two Rivers Parkway with said Parkway being
improved to a standard equivalent to an arterial street similar to the requirements for 37th Street and
65th Avenue, at the time of installation of other on-site improvement, but rather these costs for the
associated arterial streets will be collected by the City at the time of issuance of building permits for
individual lots. Parties acknowledge the existence of the Access Management Agreement For Two
Rivers Parkway,dated December 27,2000,as amended. In accordance with the agreement,Owner
reserves the right to pursue claim for hardship with respect to access to Two Rivers Parkway. Upon
3
approval of the City,Owner shall dedicate all public right-of-way improvements under warranty with
at least a one year guarantee for maintenance to the City of Evans. A traffic study for the proposed
development shall be completed by the Owner in accordance with City requirements. The Traffic
Engineer shall consider future signalization and a signal progression analysis. Owner shall be
responsible for payment of a pro-rated portion of the cost related to the design and construction of
such future signalization when it is determined that such infrastructure is warranted.
13. Drainage. A drainage study of the Property will be provided by the Owner.
Improvements recommended by such study shall be completed at the time of completion of each
phase of development. Facilities necessary to address drainage from outside the Property will be
designed for quantities in excess of those amounts historically discharged from the site based upon
a five year average historic flow, these facilities will be developed in conformance with the
Comprehensive Drainage Study and other City regulations and ordinances.
14. Reimbursements. To the extent water,sewer,storm drainage facilities or other public
utilities are oversized or extended to property by Owner or to the extent public improvements are
built off-site of the Property by Owner, by any District or by the City, for benefit accruing to other
parties,said improvements shall be subject to reimbursement. Per Chapter 13.28,City agrees to use
its best efforts to maximize the opportunity for, and amounts of reimbursement payable to Owner
in connection with the development of any other property tapping onto or otherwise making use of
any such improvements. The City agrees to coordinate the execution and delivery of necessary
reimbursement agreements among the City,the Owner and the Owner developer of any other such
property in order to obtain such reimbursements for Owner.
15. Zoning and Land Use.
Upon submittal of required materials, Owner's rezoning request shall be processed
concurrently with the petition for annexation. This provision does not waive the authority of the
Owner or the City of Evans to initiate subsequent rezoning of the land in accordance with the Charter
and Ordinances of the City of Evans. Land use is subject to the police power and legislative
authority of the City of Evans. Zoning will conform with Exhibit "B", which may include PUD
development.
16. Limitation on Fee Impositions by the City. The City agrees that the Property shall
be subject to typical development fees similar to those that are imposed on other developments in
the City pursuant to the City's regulations and ordinances, except as otherwise provided herein or
as otherwise mutually agreed.
17. Developer's Agreement. The parties agree to negotiate in good faith regarding a
developer's agreement which shall be subject to mutual agreement of the parties on the terms and
conditions of the same. The developer's agreement shall be signed not later than final plat approval.
18. Conformity with Laws. The parties will comply with this agreement and applicable
ordinances, regulations, statutes and constitutional provisions.
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19. 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.
20. Disconnection. The petition for annexation applicable to the Property,which has or
will be submitted to the City,maybe withdrawn by Owner at any time prior to the approval thereof
upon second reading by the City of Evans City Council. Thereafter, the Property may be
disconnected from the City only as provided by applicable state laws and/or a material violation of
this agreement by the City. In the event the property or any portion thereof is disconnected at
Owner's request, Evans shall have no obligation to serve the disconnected Property or portion
thereof and this Agreement shall be void and of no further force and effect as to such Property or
portion thereof In the event the City does not approve the zoning and development plan as set forth
in paragraph 15 within ninety(90) days of the completion of the annexation, then the Owner may
initiate disconnection pursuant to state law and the City agrees to not oppose disconnection unless
delays are caused by Owner.
21. 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.
22. Owners Association. Owner shall organize a unit owners association or associations,
if appropriate, for given parcels and/or unit types within the development of the Property. Owner
shall form the association(s) pursuant to the Colorado Common Interest Ownership Act ("Act").
C.R.S. §38-33.3-101 et sec. The Owner shall also execute and record covenants and instruments of
conveyance which 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 and private facilities. At least thirty(30)
days prior to recording any covenants or instruments of conveyance to the association(s), Owner
shall provide such documents to the City Attorney for review and comment.
23. Special District Inclusion. Withing thirty(30)days after written request by the City,
Owner shall apply for inclusion of the Property with one or more special districts serving the City,
but not a special improvement district unless agreed to by Owner. Owner agrees to petition out of
the Milliken Fire District and does hereby irrevocably appoint the Fire Chief of the City of Evans
its true and lawful agent and attorney for the Owner and in the Owner's name and stead to sign and
execute any and all petitions,documents and writing pertaining to the lands herein described which
shall be necessary and appropriate to petition out of such Milliken Fire Protection District.
24. Future Cooperation. The parties agree they will cooperate with one another in
5
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
25. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained
in this Agreement is intended to create a partnership or joint venture between the City and Owner
or between the City and any one or more of the individual owners listed above, and any implication
to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does
not provide for the joint exercise by the parties of any activity,function or service,nor does it create
a joint enterprise,nor does it constitute any party hereto as any agent of another party hereto for any
purpose whatsoever. Except as specifically otherwise provided in this agreement,no party shall in
any way assume any of the liability of any other party for any act or obligations of the other party.
26. Amendment This Agreement may be amended only by mutual agreement of the City
and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk and
Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding
upon all persons or entities having an interest in the Property and/or Water Rights subject to the
amendment unless otherwise specified in the amendment.
27. 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.
28. Owner. As used in the Agreement,the term"Owner"shall include any of the heirs,
transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this
Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties
thereto. In the event of a transfer of all or any portion of the Property,the transferring Owner shall
be relieved of any and all obligations under this Agreement which arise after the date of such transfer
with respect to the transferred Property.
29. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any City ordinance, resolution, regulation, or
policy is intended to refer to any subsequent amendments or revisions to such ordinance,resolution,
regulation, or policy, and the parties agree such amendments or revisions shall be binding upon
Owner.
30. Binding Effect This Agreement shall be binding upon and inure to the benefit of
all the heirs,transferees,successors,and assigns hereof,and shall constitute covenants running with
the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County,
Colorado, at Owner's expense. Subject to the conditions precedent herein,this Agreement may be
enforced in any court of competent jurisdiction.
31. Failure to Annex. This Agreement shall be null and void if the City fails to approve
the annexation of the Property.
6
32. Breach by Developer: City's Remedies.
(A) In the event of a default or breach by the Owner of any term,condition,covenant,
or obligation under this Agreement, the City may take action as it deems necessary to protect the
public health,safety,and welfare;to protect lot buyers and builders,and to protect the citizens of the
city from hardship. The City's remedies include:
(i) The refusal to issue to the Owner any development permit, building
permit,or certificate of occupancy. This remedy shall not affect sales
to bona fide purchasers nor be applied to bona fide purchasers;
(ii) A demand that the security given for the completion of the public
improvements be paid or honored;
(iii) The refusal to consider further development plans within the
Property; and/or
(iv) Any other remedy available at law.
Unless necessary to protect the immediate health, safety, and welfare of the City or City
residents, the City shall provide the Owner thirty (30) days written notice of its intent to take any
action under this Paragraph during which 30-day period the Owner may cure the breach described
in said notice and prevent further action the City.
(B) Breach by City. Parties agree that in the event of a breach by the City,Owner
will have the right to seek all remedies provided by law.
(C) Attorney's Fees. If any party breaches this Agreement, the breaching party
shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforcement
of the terms and conditions of this Agreement.
33. General Provisions. City shall:
(A) Cause its staff to timely and promptly approve or disapprove written submittal
by Owner of any plans, specifications, drawings, details or other pertinent data required in
connection with any water line, sanitary sewer line, storm drainage or other utility serving the
Property or any improvements within any dedicated right-of-way on the Property. Any disapproval
shall set forth the items disapproved together with the reasons for such disapproval.
(B) Use its best efforts securing, at Owner's expense, construction and
maintenance agreements from governmental or private entities in order to allow Owner to fulfill its
obligations under this Agreement and to proceed with development of the property.
(C) Cooperate with Owner with any filing, applications, approvals or other
7
administrative procedures with governmental entities other than the City which is necessary to allow
Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner.
(D) Provide police and other municipal services to the Property to the same extent
as those services are provided by City throughout the balance of the City, pursuant to the City's
uniform applied policies.
(E) Not unreasonably withhold its consent or approval when any consent or
approval is required.
Owner shall notify the City of assignments and the name of the assignee(s). Upon the sale
or other transfer of any portion of the Property. The transfer of such portion shall be released from
all liability and obligation under this Agreement relating to such portion and all such liabilities and
obligations shall be assumed by the transferee (unless transferee is a member of the home buying
public or governmental entity).
Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing
codes,ordinances or as a waiver of the city's legislative,governmental or police powers to promote
and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this
agreement prohibit the enactment by the City of any fee which is of uniform or general application.
It is understood and agreed by the parties hereto, that if any part, term or provision of this
Agreement is by a court determined to be illegal or in conflict with any law of the State of Colorado,
the validity of the remaining portions or provisions shall not be affected, and the rights and
obligations of the parties shall be construed and enforced as if the agreement did not contain that
particular part,term, or provision held to be invalid. This Agreement may be enforced in any court
of competent jurisdiction.
34. 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, provided a hard copy is mailed the same date. All notices by mail shall be
considered effective seventy-two (72)hours after deposit in the United States mail with the proper
address as set forth below. Either Party by notice so given may change the address to which future
notices shall be sent.
Notice to City: City of Evans Notice to Owner: Great Northern Properties,
Attn:City Manager LLLP and William Bensler
1100 37th Street Attn: Dan Wheeler
Evans,CO 80620 812 8th Street Plaza
Greeley,CO 80631
With copy to: R.Russell Anson,City Attorney With a copy to: Stowe L.Witwer
820 13'Street Witwer, Oldenburg,Barry
8
Greeley,CO 80631 &Bedingfield,LLP
822 7th Street,Suite 760
Greeley,CO 80631
35. Election. Owner agrees that 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.
36. Legislative Discretion. The Owner acknowledges that the annexation and zoning of
the Property, are subject to the legislative discretion of the City Council of the City of Evans. No
assurances of annexation,zoning, or special use permit approval have been made or relied upon by
the Owner. In the event that, in the exercise of its legislative discretion, any action with respect to
the annexation, zoning or special use approval for the Property, as contemplated herein and in the
proposed Conceptual Development Plan for the Property, is not taken or if once taken and Owner
is in full compliance with such annexation,zoning or special use approvals, is not maintained then
the Owner may withdraw the petition for annexation and seek disconnection from the City in
accordance with state law, as may be appropriate and City agrees not to oppose.
37. 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.
38. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein,it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
39. 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.
40. No Warranties by the City. The City is entering into this Agreement in good faith
and with the present intention, on the part of the present City Council, that this Agreement will be
complied with. However,because some of the provisions of this Agreement may involve areas of
legal uncertainty, the City makes no representation as to the validity or enforceability of this
Agreement that no such warranty is made on the part of the City.
41. Non-conforming Use. In the event Owner's zoning and development plan is not
advanced with reasonable diligence, City agrees to allow the existing non-conforming agricultural
use to continue until such time as the property is rezoned but not at a greater level than at its current
level of activity and use.
9
42. Attorney's Fees. If any Party breaches this Agreement, the breaching party shall pay
the non-breaching party's reasonable costs and attorney's fees incurred in the enforcement of the
terms and conditions of this Agreement. In the event that any person, corporation, special district,
municipal or county government, or any other entity asserts any claim against the City,its officials,
or employees pursuant to the provisions of the Colorado Municipal Annexation Act,C.R.S.,Section
31-12-101, et seq., the Owner agrees to reimburse the City for all reasonable costs and attorney's
fees incurred by the City in defense of such claims whether or not such defense is successful. The
City shall, at all times,have control over the defense of the City in such matters and nothing herein
shall be construed to require the City to assert any position which is inappropriate, in the sole
judgment of the City. The City and Owners/Developers shall confer with each other concerning the
defense and/or settlement of any such action.
43. Cost Reimbursement to City. Developer shall reimburse City for outside professional
consultants such as engineers, testing companies, and attorneys necessitated by processing and
completion of this development.
ATTEST: CITY OF EVANS, COLORADO,
A MUNICIPAL CORPORATION
By: By:
City Clerk Mayor
10
ACKNOWLEDGMENT
LANDOWNER
GREAT NORTHERN PROPERTIES LLLP
By:
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The above and foregoing signature of John D. Wheeler, as Managing General Partner of
Great Northern Properties LLLP,was subscribed under oath before me on this day of
, 2002.
WITNESS my hand and official seal.
Notary Public
ACKNOWLEDGMENT
LANDOWNER
WILLIAM C. BENSLER
By:
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The above and foregoing signature of William C.Bensler,was subscribed under oath before
me on this day of , 2002.
WITNESS my hand and official seal.
Notary Public
11
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