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HomeMy WebLinkAbout20020850.tiff City of Greeley March 25,2002 TO: Weld County Commissioners Weld County Attorney's Office Aims Community College Milliken Fire Authority Milliken Fire Bond North Colorado Water Conservancy District Greeley/Weld School District Six Weld Library District West Greeley Soil Conservation District FROM: Cheryl Aragon, Deputy City Clerk nA , SUBJECT: Faith Tabernacle Annexation �Ul The Greeley City Council received a petition for annexation of property located generally at 7001 West 28th Street, known as the Faith Tabernacle Annexation. Your taxing district/jurisdiction is listed as being one of which the territory proposed for annexation is a part. A public hearing will be held on Tuesday, May 7, 2002,to determine whether this property is eligible for annexation. A copy of the notice of public hearing, a copy of the resolution which sets the public hearing, and a copy of the petition(s) as filed are attached. As indicated in the notice and resolution,the public hearing will be held: May 7, 2002 6:30 p.m. City Council Chambers Public Safety Building 919 Seventh Street Greeley,Colorado If additional information is desired or if you have questions, please call the City Clerk's Office at 350-9743. 06/_03 goo,,.. '< /2.(44,e ),,e>/C', (Ay ,57, i3& KE�� SERVING OUR COMMUNITY • I T ' S A TRADIT dcue promise topreserve anim rove lice ual1 o l'e or 9reefe troe ii Iimel courteous an/cc 2002-0850 P y yl l f % h 9 /� PLEASE PUBLISH THE ATTACHED NOTICE AND RESOLUTIONS ON THE FOLLOWING DATES (PLEASE CONFIRM WITH INSERTION NUMBERS BY RETURN E-MAIL OR FAX) 1. March 22, 2002 2. March 29, 2002 3. April 5, 2002 4. April 12, 2002 NOTICE Notice is hereby given that the City Council of Greeley, Colorado, will hold a public hearing on a proposed annexation of territory to the City of Greeley. The hearing shall be held on May 7, 2002,in the City Council Chambers of the Public Safety Building, 919 7th Street, in the City of Greeley, Colorado,beginning at 6:30 p.m. or as soon thereafter as the matter can be heard by the City Council on that date. The purpose of the hearing is to determine whether said property is eligible for annexation under Colorado law. Persons wishing to examine the annexation petition,resolution,and any exhibits thereto,may do so at the office of the City Clerk during business hours. This territory is described in an annexation petition which has been filed with the City Clerk as: • the "Faith Tabernacle Annexation" located generally at 7001 West 28th Street. Dated this 19th day of March, 2002. Betsy Holder City Clerk CITY OF GREELEY, COLORADO RESOLUTION NO. 18 ,2002 A RESOLUTION FOR THE FAITH TABERNACLE ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF ANNEXATION WHEREAS,the City of Greeley has initiated the annexation of property located generally at 7001 West 28th Street in Weld County, Colorado known as the Faith Tabernacle Annexation, more specifically described as Exhibit A; and WHEREAS,the City of Greeley staff has found substantial compliance of the annexation petition in conformance with C.R.S., § 31-12-101, et seq.; WHEREAS, C.R.S., § 31-12-108 requires that the City Council establish a date,time, and place to hold a hearing to determine if the proposed annexation complies with § § 31-12-104 and 31-12-105, or such parts thereof,to establish eligibility for annexation to the City of Greeley; and WHEREAS,the City Clerk shall deliver notice and publish the date,time, and place for said hearing. NOW THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL OF THE CITY OF GREELEY, COLORADO. 1. The annexation petition is found to comply with C.R.S., § § 31-12-104 and 31- 12-105. 2. The public hearing for consideration of the proposed annexation petition is hereby set for May 7, 2002, at the Greeley City Council Chambers, 919 7t° Street, Greeley, Colorado, during a regular City Council meeting beginning at 6:30 p.m. 3. The City Clerk is hereby authorized to publish and notify required parties pursuant to C.R.S., § 31-12-108(2). 4. This resolution shall become effective immediately upon its passage. 1!4 7 SSED,AND ADOPTED, SIGNED AND APPROVED thisl9th day of _s ..h ,2002. pp�• rF °6 trt * THE CITY OF GREELEY, COLORADO 1S4 se but C hit' t--1-11t--1-11a BY T-�awr�s Mayor Iva _a_nk.. PROPERTY DESCRIPTION A tract of land being all of RESUBDIVISION OF LOTS 2, 3, 4, 5, 6, AND 7, BLOCK 1, PETERSON-ALEXANDER SUBDIVISION S-518 (Reception No. 2822174, Weld County Records) located in the Southwest Quarter of Section 16, Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado and together with adjacent road rights-of-way for 71st Avenue and U.S. Highway 34 Bypass, said tract of land being further described as; BEGINNING at the Southwest Corner of said Section 16 and considering the West line of the Southwest Quarter of said Section 16 to bear North 00°05'30" West with all other bearings contained herein relative thereto; Thence North 00°05'30" West 230.00 feet to a point on the Northerly right of way line of said U.S. Highway 34 Bypass; Thence South 89°54'30" West 30.00 feet along said Northerly right of way line to a point on the West right of way line of 71st Avenue (Weld County Road 29); Thence North 00°05'30" West 750.63 along said West right of way line; Thence North 89°54'30" East 79.73 feet to the Northwest corner of said RESUBDIVISION OF LOTS 2, 3, 4, 5, 6, AND 7,BLOCK 1,PETERSON- ALEXANDER SUBDIVISION S-518; Thence along the boundary of said RESUBDIVISION by the following six courses: North 89°52'37" East 239.96 feet; South 80°37'17" East 60.80 feet; North 89°52'12" East 228.69 feet; South 00°04'44" East 428.18 feet; South 89°56'23" West 139.92 feet; South 00°00'54" East 443.21 feet to a point on the North right of way line of said U.S. Highway 34 Bypass; Thence North 89°57'40" East 540.00 feet along said North right-of-way line to the Southeast corner of Lot 3, PETERSON SUBDIVISION FIRST FILING(Reception No. 1539939, Weld County Records); Thence South 00°02'20" East 269.98 feet to a point on the South right of way line of said U.S. Highway 34 Bypass and a point on the North line of MYERS FARM ANNEXATION(Reception No. 2832633, Weld County Records); Thence along said MYERS FARM ANNEXATION by the following four courses: South 89°57'40" West 895.74 feet; South 44°32'10" West 70.20 feet; South 89°57'40" West 30.00 feet; North 00°43'49" West 220.00 feet to the POINT OF BEGINNING; Said tract of land contains 16.85 acres more or less. PETITION FOR ANNEXATION Faith Tabernacle ANNEXATION TO THB HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. seq., Colorado Revised Statutes, 1973, as amended, hereby petition the City Council of the City of Greeley for annexation to the City of Greeley of the territory.described herein IS described and shown on the map designated, " Faith Tabernacle Annexation Annexation." Four.(4) copies of said map are submitted herewith and by this reference are Incorporated herein. The description of the territory hereby petitioned for annexation to the City of Greeley is set forth in Exhibit A attached hereto:and incorporated herein by reference. In support of this petition, the Petitioner(s) allege(s) that 1. It is desirable and nrmacsary that the above-described'territory be annexed to the City of Greeley. • 2. The requirements of Section 31-12-104 and 31-12=105 of the Colorado Revised Statutes exist or have been met in that A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Greeley. B. A community of interest exists between the territory proposed to be annexed and the City of Greeley. :•, C. The territory sought to be annexed is urban or will be urbanized in the near future. D. The territory sougght,to be amend is integrated or is capable of being integrated with the City of Greeley. 3. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has/have been divided into separate parts of parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon have an assessed valuation in excess of$200,000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, has/have been included within the territory proposed to be annexed without the ' written consent of the land owner or land owners. 5. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the City of Greeley was held within the twelve months preceding the filing of this petition. 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a city other than the City of Greeley. 7. The territory proposed to be annexed is not presently a part of any incorporated city, city and county, or town. 8. The property owned by each petitioner is described on each separate signature sheet and, when needed, described..more fully in the exhibits,.attached hereto and incorporated herein by reference. 9. The signer(s) of this petition comprise(s) more than fifty percent(50%) of the land. owners and owning more than fifty percent(50%) of the property, excluding public streets and alleys, and any land owned by the annexing municiplity, and are, in fact, owners of one hundred percent (100%) of the property set forth in Exhibit A attached hereto and incorporated herein by reference. Accompanying this petition are the original and four copies of an annexation plat 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, an identification of the location of each ownership tract in 'u 'fatted land and, if part or all of the area is plan4 the boundaries and the numbers of plots or of lots and blocks. Also�hin the boundary map, identification of any special districts the area proposed to be annexed maybe part of. D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. B. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth (1/6) contiguity • to the City of Greeley. F. Acceptance block describing the acceptanre action of the City of Greeley and providing for the effective date and City Clerk and Mayor attest signatures. G. Notary public signature block, attesting to the authority of the Mayor to execute acceptance of the annexation. 10. Except as otherwise provided, no part of the territory sought 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 become effective. 11. As an expressed condition of annexation, land owner(s) consent(s)to inclusion into • the Northern Colorado Water Conservancy District and the municipal subdistrict pursuant to Section 37-45-136 (3.6) C.R.S. Land owner(s) aclmowledge(s) that, upon inclusion into the district and subdistrict, land owner's(s') property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the district and subdistrict at the time of inclusion of land owner's(s') lands. Land owners) agree(s) to waive any fight to an election which may exist to require an election pursuant to Article X, Section 20, of the Colorado Constitution before the district and subdistrict can inn ose such mill levies and special assessments as it has the authority to impose. Land owner(s) also agree(s) to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution. THEREFORE, the undersigned respectfully petitions) the City Council of the City of Greeley, to annex the territory described and referred to in Exhibit A to the City of Greeley in accordance with and pursuant to the statutes of the State of Colorado. J.and Owner(s) Name(s) and Signatures) jvlsiting Address pate of Signing Faith Tabernacle, Inc. 7001 28th STreet ;f ,( (, y-ak cuzixkluini ci - .J a LA ...:\cot CXR, G F :21, 2.007 Vie Wt foregoing s s) was/were and sworn to before me this y day of Ciata >g�a tig • by Ettsj D Polack , ei value Witness my hand and official seal. . My commission expires gil /; p13 • a tary. Land Owned (see attached legal description) If necessary, attach separate sheet. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF WELD ) c-s '. (A eR_ be first duly sworn,.states upon oath that he/she is theci r of the petition to which� Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purports it to.be. (Signature arcuAtSILAiri • Jil da�' Y&A scribed ivm to before me- . � day of .eye 7 ;4:: official seal. * SE SAL • 31,403. OW11 tarY gbh m) 6Utdr CITY OF GREELEY,ANNEXATION INFORMATION SHEET The following information is required to process the annexation of land into the City of Greeley. This sheet must be attached to a completed annexation petition. TO BE COMPLETED BY APPLICANT Date December 19, 2001 1. Name of Annexation . Faith Tabernacle Annexation 2. Name of Property Owner(s) Faith Tabernacle Church, Inc. Street or Road Addresses of All Properties to be Annexed.(Attach separate sheet if necessary): 7001 WEst 28th STreet. 3. Person to Contact (Name, Address and Phone) • 4. Size (in acres) 16.85 Acres Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an annexation impact report. The annexing body and the County Commissioners may agree to waive such report, but a letter to that effect must accompany this petition. Check One: [ ] Land Owner-Initiated [. ] Municipally Owned (C.R.S. 31-12-106) [ ] Enclave (C.R.S. 31-12-106) 5. Attach a list of all special districts (including school districts) of which the territory proposed for annexation is part. (Attached) 6. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. (None) 7. Attach a description of the intended use and development of the territoryproposed for annexation. Such a description should be as complete as possible and include: Church • The location of existing streets and utility lines. • Existing and proposed land use patterns and existing zoning. • Size of commercial or industrial facilities. ■ Estimated number of school students generated. ■ Number of dwelling units. ASHCROFT DRAW LLC PAUL GORDON HURST&PATRICIA ANN MAYER Go DAVID CALVIN 7220 W 28 ST T-S CO, RI CHARLES T JOBE 5801 W 11 S7#300 GREELEY CO 80634 13106 N VERCANE LOOP GREELEY CO 80634 MARANA AZ 85653-4031 JIMMIE B&PATRICIA A BETHEL LEONARD C&SHIRLEY M GADEKEN DAVID URANO&JANICE ELLIOTT& 2530 71st AVE 2570 71st AVE GREELEY CO 80634 RONALD URANO GREELEY CO 80534 6841 W 28 ST GREELEY CO 80634 GARY L&THERESA G WEIDERSPON JAY GOZA 6923 W 28 ST 1944 26 AVE CT GREELEY CO 80634 GREELEY CO 80631 Tax Levies - District 0608 Aims Jr. College 6.343 Milliken Fire 3.678 Milliken Fire Bond 0.556 NCW Water 1.000 School District 6 47.315 Weld County 22.038 Weld Library 3.249 West Greeley Soil 0.414 TOTAL 84.593 Gregory Thompson- PROPERTY DEShRIPTION aloe" �� � Page ig PROPERTY DESCRIPTION A tract of land being all of RESUBDIVISION OP LOTS 2,3,4,5,6,AND 7,BLOCK I, PETERSON-ALEXANDER SUBDIVISION S-518(Reception No.2822174,Weld County Records)located in the Southwest Quarter of Section 16,Township 5 North, Range 66 West of the Sixth Principal Meridian,Weld County,Colorado and together with adjacent road rightsof-way for 91st Avenue and U.S.Highway 34 Bypass,said tract of land being further described as; BEGINNING at the Southwest Corner of said Section 16 and considering the West line. of the Southwest Quarter of said Section 16 to bear North 00°05'30"West with all other bearings contained herein relative thereto; Thence North 00°05'30"West 230.00 feet to a point on the Northerly right of way line of said U.S.Highway 34 Bypass; Thence South 89°54'30"West 30.00 feet along said Northerly right of way line to a point on the West right of say line of 91st Avenue(Weld County Road 29); Thence North 00"05'30"West 750.63 along said Wet right of way ling ThenceNorth 89°54'30"East 79.93 feet to the Northwest come of said RESUBDIVISION OF LOTS 2,3,4,5,6,AND 7,BLOCK I,PETERSON- ALEXANDER SUBDIVISION S-518; Thence along the boundary of said RESUBDIVISION by the following six courses: North 89°52'39"East 239.96 feet; South 80'37'17"Fast 60.80 feet; North 89°52'12"East 228.69 feel; South 00°09'40."East 428.18 feet; South 89°56'23"Wet 139.92 feet; South 00°00'54"East 443.21 fat to a point on the North right of way line of said U.S.Highway 34 Bypass; Thence North 89°59'40"East 540.00 feet along said North right-of-way line to the Southeast come of Lot 3,PETERSON SUBDIVISION FIRST FILING(Reception No. 1539939,Weld County Records); _ Thence South 00°02'20"East 269.98 feet to a point on the South right of way line of said U.S.Highway 34 Bypass and a point on the North line of MYERS FARM ANNEXATION(Reception No.2832633,Weld County Records); Thence along said MYERS FARM ANNEXATION by the following four courses: South 89°59'40"West 895.74 feet; South 44'32'10"West 70.20 feet South 89°59'40"Wet 30.00 feet North 00°43'49"West 220.00 feet to the POINT OF BEGINNING; Said tract of land contains 16.85 am more or less. SURVEYOR'S CERTIFICATE: I hereby certify that this map of land proposed to be annexed to the City of Greeley,Weld county,Colorado,was prepared under my direction and that the same is coma to the best of my knowledge and belief I fuller certify that more than one-sixth of the boundary is contiguous with the existing boundary of the City of Greeley,Weld County, Colorado. Raymond R.Rabbert, Professional Land Surveyor Colo.Reg.Number 14833 ACCEPTANCE: Said map has been accepted by the City of Greeley,Weld County,Colorado,and the territory designated hereon is made a part of the City of Greeley and included within the limits and jurisdiction thereof this day of A.D.2002. • Attest: City Clerk Mayor G /tat ari w . zico 0 . . O tic() , c M ° LI ro N ]Ca IH11: H d' d A 7 'G C n c g � wq eo .. '4 of �nit+ T Gj .1y�r o .9 �'r N 1.1 .r 01 6 Ti U .( p ° 0 ro o 4 O1 N °J ro � � u) ., Ai 6 w s c m c� 5 .5 ri 24 Z 4 W 'F o o y g_ 00 � A III p °o o t y ° C to aai a ° .0�, w M Il A a w a n m o rn w vgi gra n w I . a • O 0 I-.1 8 § 0 11 'C Yp glipp,, tQ^y�nia zH d474 a N tt12 ro •C. al" O' U uit 4 4 g jy'Ft O ca SID G m � i+l ,d Sv' 0 CO CO 0i 2 N N v f8 6 ail 5 it H 3 co _ a 11 y ° fll dp .4 ° w w ec e M ° w°°d o O ti TI FZd3 °J a it o B + Es (41 � ii ii °ahwun 111 IfI 4 F 4 FAITH TABERNACLE ANNEXATION �a a iv6 The Faith Tabernacle Annexation consists of a 16.85-acre parcel (7.69 acres of which are right- of-way) of land located northeast of 71s`Avenue and U.S. Highway 34 Bypass. The subject property is the resubdivision of Lots 2, 3, 4, 5, 6, and 7, of Block 1, Peterson-Alexander Subdivision, and is in the Southwest Quarter of Section 16, Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County. The annexation includes the adjacent road rights-of- way for 71"Avenue and U.S. Highway 34 Bypass. The property contains the Faith Tabernacle Church. The total perimeter length measures 4,657.04 feet, 1,475.94 of which is contiguous to the existing city boundary, for a ratio of 1:3.16, well within required state statutues. Over the past four years,the City of Greeley considered and made recommendations to Weld County for several land-use requests on behalf of the property owner, Faith Tabernacle Church. In May of 1999, the City of Greeley Planning Commission recommended that Weld County approve, with several conditions, a use by special review allowing the church. At that time,the City agreed to provide outside-City water service to the site, contingent upon conformity with all City development standards. An"Outside of City Water Agreement"was executed between the City of Greeley and the property owner on May 4, 2000,which stated that"if the premises . . . is sought to be annexed to the city of Greeley, [Faith Tabernacle Church] will consent to join in the annexation." and that"[Faith Tabernacle] does authorize and appoint the City Clerk . . . to sign any such annexation petition." The property is currently zoned Weld County R-1 (residential). Surrounding land uses are agricultural land to the north, U.S. Highway 34 Bypass and the Meyer Farm Annexation to the south, single-family residences to the east, and rural residences and agricultural uses to the west. City staff believes that the proposed Faith Tabernacle Annexation complies with the five criteria for annexation contained in Section 18.26.050.A.1-5 of the Development Code: (1) The proposed annexation is in conformance with the City's Comprehensive Plan; (2)the proposed annexation promotes the geographical balance of the City's land-use pattern; (3) adequate services are or will be available to support the development expected to result from the proposed annexation; (4) the proposed annexation provides for a continual and rational City boundary; and (5)the proposed annexation is needed to accommodate future land-use requirements. The proposal also complies with the City's Comprehensive Plan in that it lies within the City's Long-Range Expected Growth Area, the area in which the City is expected to grow within the next 20 years, the Mid-Range Expected Service Area,the area within which a full range of municipal services is expected within the next five years, as well as the Urban Growth Area, where a full complement of land uses is eventually expected at urban densities. The proposed annexation would promote the geographical balance of the city's land-use pattern in that it is a portion of a larger enclave which is completely surrounded by the City of Greeley. It would not expand the outer municipal boundaries beyond what is anticipated for development. In fact, it will continue the pattern of development in the southwestern quadrant of the city. The annexation will provide for a rational and continual city boundary, again because it is a portion of a large enclave. There are no ecological issues to be addressed as the property is developed and landscaped. The only anticipated land use is the existing church. The site will be zoned to accommodate the church use. The issues of future dwelling units and estimated number of school students generated are moot since the subject property has been developed as a church. e A Attachment A Vicinity Map ,A261 ri 1114,11, „rim bantrArtiourtways E E% :arian E p p t• ®�Q ra Greele Ci L' if " ITIrlltb i� ®Em FS 1 I I I I I I rwill r III . .. trill'sgPi4r41 4 cii 49 Et c . .t `° ! . t® BidiS gra us um 1 I .. achlh, .1 - 1r I FENN Ella inkee Ira rio A. Wa r Greeley City Limit Mill I Ilir L . .. ...,,„„„„ 1...,,\74„.„ .„,,,.._ ' Silitilli b. la Legend N 0 Parcels Faith Tabernacle Roadcl Annexation W -`� E ESStrcture I S Account: R7502098 Account Type: Agricultural Tax Year: 2001 Version: 20011232999 Parcel: 095916307002 Area ID: 0608 Mill Levy: 87.582000 APR District: Estimated Tax: 31.53 Status: A * This Mill Levy is from the most recent tax roll FAITH TABERNACLE CHURCH INC RPAS AMD L2 RESUB L2-7 BLK1 PETERSON-ALEXANDER PO BOX 3412 SUB SITUS: 7101 W 28 ST GREELEY 80634 GREELEY, CO 80632 7031 W 28 ST GREELEY, 80634 Assessment Information 0 0 0 9.160 0 0 0 1,252 360 1,252 360 0 0 0 387,684 8.900 0 0 0 1,171 340 1,171 340 0 Weld County :. . lIlIIIIII1I1111111111111111111 ..,, :111111111111111 . 2766217 05105/2000 10:33A JA Suki Tsukamoto 1 of 3 R 15.00 D 0.00 Weld County CO &/ 7 OUTSIDE OF CITY WATER AGREEMENT TO THE HONORABLE MAYOR AND CITY COUNCIL,OF THE CITY OF OREELEY,COLORADO I.the undersigned owner the of the following described rawly atment or close to but sotwidilathe corporate limits of the City of Greeley,to-wit(Ifery insert deseription of property) Lots 2, 3, 4, 5. 6 and 7. Block 1, Peterson-Alexander Subdivision. Weld County Colorado do hereby respectfully petition the City of Greeley for pmmission to tap the Greeley water works distillation main at: (Here insert place and size of tap requested) 7001 West 26th Street. Greeley. Colorado 2 inch water tap force purpose of supplying water to said premises. It is expressly endastood and agreed by the Wiersigsed that,R'gr'nicd'said tap shall be in consideration clad upon the following tames and conditions,to-wit 1. That applicantadeund toay all sts sr oLofthe of thewatait said top,�departmentt maybe or otheroffidalas may nnhod by the City of Greeley,and that said taps shall be made ands the supervision designate2. That applicant will pay for and install a water meter of such size and at suck place as may be required by the City. 3. That if the premises to be serviced by said taps shall mak embnoed or included withia the boundaries detract or plat which is sought to be annexed to the city of Greeley,either by individual petitions or by the City itself;then and in that event the applicants specifically agree that they will consentto join in the assets of such.taritory by the City of Greeley,subject Only to the compliaace by any such petitioners with all of the legal requirements pertaining to the annexation of'cautery to a municipality. Fm6eannore,Out appfiost does hereby empower sod ine le authorise anda tthe City Clerk of the City of GreeW,Colorado. his lawful attorney in fad,for him and in his place and stead to sign my suck annexation petition as may be presented to and approved by the City Council,or as maybe initiated by Me City Coupon itselt embracing the above described land whisktaritentobeannexed to the City of Greeley,Colorado,and applicant does hereby pant said City Clerk the power and authority to sign his name to such petition,thereby binding said Petitioner to all of ate terms and provisions of said petition as fully as he might do himself and for all intents and purposes as if he himself had sipaed said petition,it being thoroughly understood by the applicant that the primary consideration for the panting elite petition is applicant's cavemen and promise that he will consent to the annexation of said territory tote City of Greeley,Coolorado. Applicant furor covenants and agrees for himself.his successors and nipshat,ithe that fails to alga m9 such annexation petition wheat requested by the City,or fails to abide by each and every coveaaatherein contained that event this permit or right to use water may be terminated by the City of Greeley,Colorado,upon the giving of thirty days'notice in writing of his intention so to do. Further,the regbiremarts herein stated shall be considered as eweasatsrunning with the lead. 4. That the applicant agrees tat no building ores erimprovemeatshallbeconstructedwhi hsLdinterfaewihteWoe widening or extending of streets as proposed or may hereafter bb proposed in the Street andllighwayPlaa unlike lathe County Clerk's Office,County of Well,State of Colorado. liaatdaesiraeby+ m 5. That the applicant agrees that where the major streets are not immediately necessary the app dedicate,authorize to be opened and improved the weep or streets as required by die Greeley Planning Commission, (Flat attached). 6. applicant agrees tat grant of the streets jq fubreuseattherequestoftheGreeleyPlanningCommissionashaein recited shall nut widi the land and does hereby authotizethis Agreement tobe placed ofteoard lathe Cloak andRcoorder'sO6tce,Weld County,State of Colorado. ofeabdi<risionshdlbeoonstnrctedorPlannedwLioh 7.That the applicant agrees that so building orolwimprovemsent or plan interferes with the necessary drainage required by the Greeley Planning Commission. C Council and OteeleyPhmniag 8.That the applicant agrees to comply with all ordinancesnd other regulations adoptedb3 i<y Commission concerning subdivision,zoning,building construction,fire,safety,health,traffic and other applicable matters. 9.matte applicant agrees to obtain and pay for the neeessitybm'Wing and otherpermits and to be governed byte required inspections in same manner as if the area were within the City limits. I ii111111111111111111111111111 'a"''' X1111 0111111 2700217 05/05/2000 10:33A JA auld l Sam oto 2 of 3 R 15.00 D 0.00 Weld Cattily CO OUTSIDE OF CITY WATER AGREEMENT Page 2 10.That the Applicant agrees that if the area herein described shall become apart of mother Town or City,the City of Greeley shall have the right to terminate the water service to said area and individual or individuals. 11. That the applicant agrees to pay all costs for water a ensioms as may be required by the Director of Water unless specifically exempt from certain costs by utility policies approved by the City Council. 12.That the applicant agrees to pay the regular rates now established a that may more future be established for the class of water savior famished. 13.That applicant agrees to abide by all oldie rules,regulations and ordinances cite City of Greeley,Colorado and die laws of the State of Colorado pertaining to the use of said water as fully as if said premises were located within the corporate limits of the city of Greeley,Colorado. 14.That applicant agrees to furnish three acre feet of water per acre of land or fraction thereof The water to be furnisheded may be project water,Greeley-Loveland Irrigation Co.water,Lake Lowland water,Seven Lakes Reservoir water and/or direct flow river is.That all oldie terms and coalitions hereof shall extend to and be biading upon the licks,assigns and successors in intern of the parties hereto. 16.Whenever the word he,his orbim is used herein sat word shall also mean and include the words,she,they,has,theirs,or than,and the singular shall likewise man and include the plural 17.That meappliantfurtheragreestoaccepttheCitywateratthepressaueasdelivered ia is the distribution p11 owned by the City;and if in the delivery of water there is excessive pressure that would cause damage to the plumbing of the property owner,the property owner agrees to furnish and install me necessary regulators;or if additional pressure is needed,the property owner agrees to furnish his own auxiliary pumps. - 18. In the event that excavation is required for City of Greeley water mains necessitated by repairs,replacement,or other operations,the excavation will be back filled safely,but surface restoration shall be responsibility of the prvpetty own. IN WITNESS WHEREOF,the applicant has hereunto set his hand and seal this 4th day of May 20Q, Faith T ac hurch, Inc. by ( (7 STATE OF COLORADO ) Danny A. Perdew, Pastor ) ss. COUNTY OF WELD ) On this day appeared before me Danny A Perdew known to me to be the above-named petitioner(s),and aclmowledied the execution of the foregoing petition and power of attorney as their free and voluntary act and deed for the uses and purposes therein stated. tIS)),1/4,tand and notarial seal.AIM 7140-'71 .1 j ‘‘.,c by CS. 712 ,11/ ODD / (t�tri fir.. kiPe,4 44.pUQ�'\GEC . /MO-1O C O 10 Notary Public IMPOR . ere property is owned by more than one person,petition must be signed by all owners exactly as their nanitli appear on deed acquiring title. ilwc ' P'i�lllll IIIII IIIll MIME! ) III IIIMI IIII III' 2766217 05/05/2000 10:33A a Ulu Tsukamoto 3 of 3 R 15.00 D 0,00 Weld County CO ay 074 2000 % CD, 0r 6r' 7, ?.4 Gca'a, (eat iv ,2eyaer 'b 71 iu Aga ..T z .Srywa, ..rco rll39mv .t him 7a ~war 7. 4 7:he Zsrve We 44kt 7a'w.fa ? aW/ i dz.v>'��".4�"J)e ak ti //x//44, AP e 1 7� Went✓1fi¢WC W c /QiudJx o-$r^e (�gwses i v ,/ ' icjv f tf ace- Fisrate • ouT A)y tnrm#c €Dtfl /N 'T>e'e c avfatseS, "Ail segve lJec�b� 7e jar j>- 'As A S4eet suK(ett. 51711•••• VC- m Fnvas uctsL £Towcea„ar. µIs, Irk X $tn4croe craw4an is wcr- cletbiThrs cull Was w trt4thiot . 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