HomeMy WebLinkAbout20020627.tiff Impact Report
Farnsworth Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Farnsworth Annexation is shown on the
attached Annexation Maps. The area to be annexed includes
approximately 39.134 acres of predominately vacant land in
unincorporated Weld County.
In conjunction with the proposed annexation, the zoning for the subject
property is anticipated to change from Weld County Agricultural zoning to
Town of Firestone Planned Unit Development zoning. Land uses
associated with the proposed zoning in Firestone are residential. The
Town Board will review the annexation and zoning proposals in relation to
the Town's current land use and development policies and
intergovernmental agreements. The Outline Development Plan for the
property is also attached. A referral relative to the proposed land use for
the property has also been sent to the County for comment. The land uses
proposed are generally consistent with the Firestone Comprehensive Plan
Map.
II. Municipal Services
Municipal services for The Farnsworth Annexation will be provided in the
following manner at the time of development of the Property:
Electricity United Power or Xcel Energy
Natural Gas K-N Energy and/or Xcel Energy
Telephone Qwest
Water Town of Firestone
Sewer St. Vrain Sanitation District
Fire Mountain View Fire Protection District or
Frederick/Firestone Area Fire Protection District
Police Firestone Police Department
Street Maintenance Town of Firestone
Financing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
Farnsworth
Annexation Impact Report
Prepared: March 1, 2002
jiL c'' ? tye t) 2002-0627
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through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
will be financed through impact fees, taxes, charges and/or special
improvement districts, if necessary.
The owner/developer will primarily be responsible for the costs of water
and service facilities serving the property. Utilities to the property will be
generally be accessed from Rd 15 (Frontier Street). Access to the property
will have to comply to the Town's Access Code and Ordinance.
III. Special Districts
A. The area proposed to be annexed is within or will petition for inclusion
into the following special districts, as appropriate:
• Weld Library District
• St. Vrain Valley School District
• Northern Colorado Water Conservancy District
• Mountain View or Frederick Firestone Area Fire
Protection District
• St. Vrain Sanitation District
• Carbon Valley Recreation District
• Tri-Area Ambulance District
IV. School District Impact
The Town of Firestone has sent a referral regarding this annexation and
the currently proposed land uses to the School District for referral. The
response, from the School District should be forthcoming. The Town
estimates the number students will be approximately 36.
V. Annexation Agreement
Although all the details of an annexation agreement between the Town and
the applicant have not been negotiated, the Town of Firestone's standard
annexation agreement is attached.
VI. Intergovernmental Agreement With Weld County
The Town has entered into an Interim Coordinated Planning Agreement
with, Weld County, et al. This Agreement sets forth a Firestone Urban
Growth Boundary. The property is within that boundary.
Farnsworth
Annexation Impact Report
Prepared: March 1, 2002
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VII. Attachments
Annexation Maps.
Outline Development Plan
Annexation Agreement
Farnsworth
Annexation Impact Report
Prepared: March 1,2002
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ANNEXATION AGREEMENT
(Standard Form March 8, 2002)
THIS AGREEMENT is made and entered into this day of
by and between hereinafter referred to as
or "Owner," and the TOWN OF FIRESTONE, a municipal corporation
of the State of Colorado, hereinafter referred to as "Firestone" or"Town".
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone the property more particularly
described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof
(such property is hereinafter referred to as "the property"); and
WHEREAS, Owner has executed a petition to annex the property, a copy of which petition
is on file with the Town Clerk; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement; and
WHEREAS, Owner acknowledges that upon annexation, the property will be subject to all
ordinances, resolutions, and other regulations of the Town of Firestone, 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 ways and easements to Firestone as contemplated
in this Agreement, are directly related to and generated by development intended to occur within
the property and that no taking thereby will occur requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the property to the Town. 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 Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the
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Municipal Annexation Act of 1965, as amended, C.R.S. Section 31-12-101 et seq.
3. Further Acts. Owner agrees to execute, promptly upon request of Firestone, any
and all surveys and other documents necessary to effect the annexation of the property and the other
provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the
property or any petition for an annexation election relating to the property, except upon request of
Firestone.
4. Annexation Documents. Owner agrees to provide legal documents, surveys,
engineering work, newspaper publication, maps, and reports determined by Firestone to be
necessary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation
impact report.
5. Action on Annexation Petition. Firestone shall act upon the annexation
petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents
to later action.
6. Zoning and Development. The parties recognize that it is the intent and desire of
Owner to develop the property in a manner generally consistent with the zoning requested and that
the granting of such zoning by the Town of Firestone is a condition to annexation of the property.
Owner shall take all action necessary to permit zoning by Firestone of the annexed property within
the time prescribed by state statutes.
7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate
instrument of conveyance acceptable to the Town, ten percent of the territory to be annexed for
public open space or pay an equivalent fee in lieu of dedication, in addition to easements and rights-
of-way for streets and other public ways and for other public purposes, as required by Town
ordinances and resolutions. Such dedications shall occur immediately upon request of the Town
except that internal rights-of-way shall be dedicated at the time of subdivision platting, unless the
Town specifies another time.
8. Public Improvements. Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other public ways within or adjacent to the
property in accordance with Town ordinances and resolutions and other applicable standards,
subject to any reimbursement which may be provided for in such ordinances, resolutions, and
standards, and to make such other improvements as required by Town ordinances and resolutions,
to guarantee construction of all required improvements, and, if requested by Firestone, to dedicate
to Firestone any or all other required improvements. If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other matters prior to any
development of the property.
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9. Tmprovement Districts. If requested by Firestone, Owner agrees to include
the property in one or more special improvement districts or other mechanisms established by
Firestone for making improvements to streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as
Owner's attorney-in-fact for the purpose of executing all documents determined by Firestone to be
necessary for such inclusion. If requested by Owner, Firestone agrees to consider the establishment
of one or more special improvement districts for making such improvements.
10. Conformity with Taws. Owner agrees that the design, improvement,
construction, development, and use of the property shall be in conformance with, and that Owner
shall comply with, all Town ordinances and resolutions including, without limitation, ordinances
and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to
Town Streets and flood control.
11. No Repeal of Taws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's
legislative, governmental, or police powers to promote and protect the health, safety, and welfare of
the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the
Town of any tax or fee.
12. Disconnection.No right or remedy of disconnection of the property from the Town
shall accrue from this Agreement, other than that provided by applicable state laws. In the event the
property or any portion thereof is disconnected at Owner's request, Firestone 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. Severahility. The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado, the validity of the remaining parts, terms,portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term,portion, or provision held to be invalid.
14. Municipal Services. Firestone agrees to make available to the property all of the
usual municipal services in accordance with the ordinances and policies of the Town which services
include, but are not limited to, police protection and water services. Water service to the property
shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules,
regulations, agreements and policies governing such use, as in effect from time to time. Owner
acknowledges that Town services do not include, as of the date of the execution of this Agreement,
fire protection, emergency medical services or sanitary sewer services, but the property is presently
included within the boundaries of and is entitled to receive such services from the
Fire Protection District and the Sanitation District.
15. Water Rigts. Owner shall dedicate water rights as set forth in this section.
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A. Residential I Tres. Owner, as a prerequisite to annexation, agrees to furnish and
transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.A
of the Firestone Municipal Code with respect to any residential development on the property. All
such water transferred to the Town shall be Northern Colorado Water Conservancy
District/Colorado Big-Thompson water shares or such other shares as the Town in its sole
discretion may accept. Title to the required water rights, free and clear of all liens and
encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any
residential area. No subdivision plat shall receive final approval until the Town becomes the titled
owner of all water required for the platted area.
B. Commercial and industrial i Tses. Owner, as a prerequisite to annexation, agrees
to furnish and transfer ownership to the Town of the minimum water rights as required under
Section 1.08.050.B of the Firestone Municipal Code with respect to any portion of the property
zoned commercial or industrial. This requirement shall be met at the time of annexation. If no
portion of the property is zoned at the time of annexation for commercial or industrial use, the
requirements of this subsection B shall be met at the time of rezoning of any portion of the property
for commercial or industrial use.
C. Appurtenant Water Rights/Right of First Refiisal. Owner represents that there are
appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and
set forth on Exhibit "B", which is attached hereto, incorporated herein, and made a part hereof
(hereinafter referred to as "the Water Rights"). Owner further represents that the Water Rights
constitute all of the water rights appurtenant to the Property, that the Water Rights are and will be
used in connection with current uses of the Property until the Property is developed.
If the Owner at any time determines to sell or transfer all or any portion of the Water Rights for any
use other than a use upon the Property, then the Owner shall provide the Town with written notice
of Owner's intent to make such a sale or transfer. The notice shall include a description of the
Water Rights proposed for sale or transfer, the proposed sale or transfer price, and all other material
terms and conditions of the proposed sale or transfer. For a period of sixty(60)days after receipt of
such notice, the Town shall have the first right to purchase the Water Rights intended for sale or
transfer.
The Town may purchase the Water Rights intended for sale or transfer upon terms and conditions
that are mutually acceptable to Owner and the Town, but which are in no event less favorable than
the terms and conditions of Owner's intended sale or transfer to any third party who is a bona fide
purchaser for value. In the event the purchase price cannot be determined by reference to an offer
by a bona fide purchaser, the purchase price to be paid by the Town shall be established by a
qualified water rights appraiser selected by agreement of the Town and Owner within ten (10) days
after Town receipt of Owner's notice of intent to sell or transfer the Water Rights. In the event the
Town and Owner are unable to agree upon an appraiser, then each party shall within fifteen (15)
days of Town receipt of such notice select its own appraiser, and the two of them shall appoint a
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single appraiser within twenty (20) days of Town receipt of such notice. In the event Owner and
the Town have not entered into an agreement within sixty (60) days of the Town's receipt of
Owner's notice of intent to sell or transfer the Water Rights, then the Town's first right to purchase
the Water Rights shall terminate. The Owner may thereafter proceed to sell or transfer the Water
Rights on terms and conditions no more favorable than the terms and conditions last offered to the
Town.
The Owner and Firestone agree that the above provisions shall apply in lieu of the requirement in
Firestone Municipal Code Section 1.08.050.C, requiring the Owner offer to sell appurtenant water
rights at the time of annexation. The right of first refusal under this Paragraph shall terminate upon
the consummation of the sale to a third party of all or that portion of the Water Rights conveyed of
the above-described Water Rights, but only as to the portion and interest so sold, and only after full
compliance with the terms of this right of first refusal, and provided the sale is on the same terms
and conditions and for the price set forth in the notice sent to the Town; however, if such sale is not
consummated, this right of first refusal shall remain in effect. In any event, all rights under this
Paragraph shall terminate ninety years from the date of this Agreement.
16. Special Provisions. [Leave blank for special provisions.]
17. Owners Association. If required by state law, Owner shall organize an appropriate
unit owners association or associations for given parcels and/or unit types within the development
of the Property. Owner shall form any such association(s) pursuant to the Colorado Common
Interest Ownership Act ("Act"). C.R.S. Section 38-33.3-101 et seq. 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 ten (10) days prior to recording any covenants or
instruments of conveyance to the association(s), Owner shall provide such documents to the Town
Attorney for review and comment.
18. Special District Inclusion. Within ten (10) days after written request by the Town,
Owner shall apply for inclusion of the property within the Northern Colorado Water Conservancy
District, the Sanitation District, the Carbon Valley Recreation District (if the
property is not yet within one or more of these district), and any other special districts as determined
by the Town.
19. Future Cooperation. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
20. Amendment. This Agreement may be amended by the Town 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
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Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding
upon all persons or entities having an interest in the property subject to the amendment unless
otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall
not be amended unless approved in writing by all parties hereto.
21. Entire Agreement. This Agreement embodies the entire agreement of the
parties. There are no promises, terms, conditions, or obligations other than those contained herein;
and this Agreement supersedes all previous communications, representations, or agreements, either
verbal or written,between the parties.
22. Indemnification. Owner agrees to indemnify and hold harmless the Town and
the Town's officers, employees, agents, and contractors, from and against all liability, claims, and
demands, including attorneys' 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 Town in order to effectuate the annexation of the property,
or which are in any manner connected with Firestone's enforcement of this Agreement. Owner
further agrees to investigate, handle, respond to, and to provide defense for and defend against or at
the Town's option to pay the attorneys' fees for defense counsel of the Town's choice for, any such
liability, claims, or demands.
23. Owner.As used in this Agreement, the term "Owner" shall include any of the heirs,
transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this
Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties
thereto.
24. Amendments to l.aw. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution, or policy is
intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or
policy, and the parties agree that such amendments or revisions shall be binding upon Owner.
25. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants
running with the land. This Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be
enforced in any court of competent jurisdiction.
26. Failure to Annex. This Agreement shall be null and void if the Town fails to
approve the annexation of the property.
27. 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
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transmission receipt. All notices by mail shall be considered effective 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 Town: Town of Firestone
P.O. Box 100
Firestone, CO 80520
With copy to: Griffiths, Tanoue, Light,
Harrington&Dawes,P.C.
1860 Blake Street,#550
Denver, CO 80202
Notice to Owner:
With copy to:
28. 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.
29. legislative Discretion.The Owner acknowledges that the annexation and zoning of
the property are subject to the legislative discretion of the Board of Trustees of the Town of
Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the
event that, in the exercise of its legislative discretion, any action with respect to the property herein
contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise
of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection
from the Town in accordance with state law, as may be appropriate.
30. 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.
31. Governing 1.aw. 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
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for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
32. 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.
33. No Warranties by Town. The Town is entering into this Agreement in good faith
and with the present intention, on the part of the present Town Board, that this Agreement will be
complied with. However, because some of the provisions of this Agreement may involve areas of
legal uncertainty, the Town makes no representation as to the validity or enforceability of this
Agreement against the Town, and by entering into this Agreement the Owner acknowledges and
accepts that no such warranty is made on the part of the Town.
OWNER
By:
TOWN OF FIRESTONE
By:
Rick Patterson, Mayor
ATTEST:
Town Clerk
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ACKNOWLEDGEMENT (Owner)
STATE OF COLORADO )
)ss
COUNTY OF )
The above and foregoing signature of
was subscribed and sworn to before me this day of
Witness my hand and official seal.
My commission expires on:
(SEAL)
030802/1115[sj1]F:\Users\Sam\WPDocs\Fireston\Forms\Aimex.agm
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
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EXHIBIT B
DESCRIPTION OF APPURTENANT WATER RIGHTS
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