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Home My WebLink About20050711.tiff February 25, 2005 r _ Clerk of the Weld County Board Frederick Area Fire of County Commissioners Protection District P.O.Box 758 P.O. Box 129 Greeley,CO 80632 Frederick,CO 80530 Bruce Barker,Esq. Tri-Area Ambulance District Weld County Attorney 350 4th Street 915 10th Street P.O. Box 708 Greeley,CO 80632 Frederick, CO 80530 St. Vrain Sanitation District Town of Frederick P.O.Box 417 P.O. Box 435 Longmont,CO 80502 Frederick,CO 80530 St.Vrain Valley School District City of Dacono 395 South Pratt Parkway P.O. Box 186 Longmont,CO 80501-6499 Dacono,CO 80514 Central Weld County Water District Weld Library District 2235 2nd Avenue 2227 23rd Avenue Greeley,CO 80631 Greeley, CO 80631 Carbon Valley Recreation District Left Hand Water District 701 S°Street P.O. Box 210 Frederick,CO 80530 Niwot,CO 80544 St. Vrain and Left Hand Water Weld County Tri-Area Conservancy District Sanitation District 9595 Nelson Rd,Box C P.O. Box 213 Longmont,CO 80501 Frederick, CO 80530 Northern Colorado Water Mountain View Fire Conservancy District Protection District P.O. Box 679 9119 County Line Rd. Loveland,CO 80539 Longmont, CO 80501 Dear Sir or Madam: Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be known as the Homestead at Firestone Annexation Nos. One through Five. The Public Hearing on the proposed annexation is scheduled for Thursday,March 24,2005 at 7:30 p.m.,as described in the enclosed Resolution No. 05-08. Also enclosed is a copy of the Petition for Annexation as filed and the notice published in the Daily Times-Call on February 22 and March 1, 8 and 15, 2005. TOWN OF FIRESTONE, COLORADO Judy Hegwood, Town Clerk gedete, 4 - 2005-0711 Co. ` SD2 eiv, Az. FEB.24.2005 9:29PM N0.266 P.2 RESOLUTION NO. 05-08 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, FOR. ANNEXATIONS KNOWN AS THE HOMESTEAD AT FIRESTONE ANNEXATION NOS.ONE THROUGH FIVE TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, petitions for annexation of certain property, known as the Homestead at Firestone Annexation Nos. One through Five to the Town of Firestone,have been filed with the Town Clerk of the Town of Firestone,Colorado,and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law;and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning,if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findinS.q in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,COLORADO: Section 1. The petitions,the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference,are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under§ 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested inthe petitions,at the Firestone Town Hall,151 Grant Avenue,Firestone,Colorado 80520, on Thursday,March 24,2005,at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations,or the proposed zoning if requested in the petitions. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution,its findings and conclusions with reference to the eligibility ofthe proposed annexations, 2 FEB.24.2005 9:29PM N0.266 P.3 - and whether the statutory requirements for the proposed aeons have been met,and further,will determine the appropriate zoning of the subject property if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws ofthe State of Colorado,the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petitions. INTRODUCED,READ, and ADOPTED this loth day of February, 2004. Nn- , / * TWO 444 ( -..nei .,,,( 44,___ 1 i SEA j Michael P. Simone / Mayor \\ ST:� 1 �c0UNt i LCt OO Jl/r H.ecod own Clerk EXHIBIT A LEGAL DESCRIPTION HOMESTEAD AT FIRESTONE ANNEXATION HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57' 18" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165. 06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 78°31' 59" WEST, A DISTANCE OF 150. 33 FEET TO THE EAST LINE OF VOGL ANNEXATION NO. FOUR; THENCE NORTH 00°41' 49" EAST, ALONG THE EAST LINE OF VOGL ANNEXATION NO. FOUR, A DISTANCE 3 ' FEB.24.2005 9:30PN N0.266 P.4 OF 60.00 FEET; THENCE SOUTH 78°23'29' EAST, A DISTANCE OF 149. 66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0 . 101 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. TWO A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5 AND THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TE P.M. , COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57' 19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165. 06 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE AND THE POINT OF BEGINNING; THENCE SOUTH 78°31' 59" WEST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 150.33 FEET; THENCE NORTH 87°57' 17" EAST, A DISTANCE OF 750 .22 FEET; THENCE NORTH 87°27' 37" WEST, A DISTANCE OF 749. 74 FEET TO THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE; THENCE SOUTH 78 °23'29" EAST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 149. 66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.415 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28' 58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939. 03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54' 51" WEST, A DISTANCE OF 3661. 29 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2; THENCE NORTH 87°57' 17" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 750.22 FEET; 4 ' FEB.24.2005 9:30PM NO.266 P.5 THENCE NORTH 87°27'37" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 749. 74 FEET; THENCE SOUTH 89°08' 48" EAST, A DISTANCE OF 3660 . 96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2. 005 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939. 03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54' 51" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE, A DISTANCE OF 3661.29 FEET; THENCE SOUTH 89°57' 19" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 312. 12 FEET; THENCE SOUTH B9°36' 35" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2689.03 FEET; THENCE SOUTH 89°28' 58" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2269. 20 FEET; THENCE NORTH 00°07' 08" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1350. 00 FEET; THENCE SOUTH 89°28' 58" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 330. 00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 00°07' 08" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1316. 07 FEET TO THE CENTER OF SECTION 4; THENCE NORTH 89°19' 09" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2570.54 FEET; THENCE SOUTH 00°05' 14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 561. 71 FEET; THENCE SOUTH 89°24' 03" EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 630. 00 FEET; THENCE SOUTH 00°05' 14" WEST, PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2040. 81 FEET; THENCE NORTH 89°28' 58" WEST, PARALLEL WITH AND 40 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID 5 FEB.e416605 9:31PM N0.266 ---. P.6- SECTION 4, A DISTANCE OF 629. 99 FEET; THENCE SOUTH 00°05' 14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 9. 93 FEET; THENCE NORTH 89°36' 35" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AND ALONG ITS EASTERLY PROLONGATION, A DISTANCE OF 2718 . 47 FEET; THENCE NORTH 89°57' 19" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 312.23 FEET; THENCE SOUTH 89°08' 48" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 3, A DISTANCE OF 3660. 96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 119.398 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE 7.LC ANNEXATION NO. FIVE A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 4 AND THE EAST HALF OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. , AND THE SOUTHWEST QUARTER OF SECTION 33 AND THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6" P.M. , COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°19'09" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, SAID LINE BEING A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 2570. 54 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 17; THENCE SOUTH 00°05' 14" WEST, ALONG SAID EAST RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 561. 71 FEET; THENCE CONTINUING SOUTH 00°05' 14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 2041.71 FEET TO A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR; THENCE CONTINUING SOUTH 00°05' 14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 9. 93 FEET; THENCE NORTH 89°36' 35" WEST, ALONG A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, SAID LINE BEING PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 60 .00 FEET TO THE WEST LINE OF SAID COUNTY ROAD 17; THENCE NORTH 00°05' 14" EAST, ALONG SAID WEST LINE, SAID LINE BEING PARALLEL WITH AND 30 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2613.34 FEET; THENCE NORTH 00°04' 48" EAST, ALONG A 6 FEH'24.2005 9:31PN NO.266- P.7 - - -- LINE PARALLEL WITH AND 30 FEET WEST OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2837.52 FEET; THENCE SOUTH 89°32'42" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET NORTH OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2633. 17 FEET; THENCE SOUTH 00°08' 05" WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 2847 . 56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 175. 328 ACRES, MORE OR LESS. 7 -25-2005 11 :31AM FROM P. 2 • PETITION. EOR. ANNEXATION TO: THE BOARD OF -TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO we, the undersigned landowners, in accordance with Colorado law, hereby petition the Town of Firestone and its Board of Trustees for annexation to the Town of Firestone. of the unincorporated territory, the legal description• of whirh.. is- attached. hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to .be known as the 1"\ov.\eskead. et1C �\v-essro.Ae- Annexation to the Town of Firestone. As part of this petition, your petitioners further state to the Board_ of. Trustees that; 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S. ,• as amenAPR,' exict .or have.been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the • Town of Firestone or will be contiguous with the -- Town of Firestone within such time as required by 'Section 31-12-104. b. A community of interest exists between the area, proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be 'urbanized in the near future. d. The area pFvpvaed to• be- annexed• is integrated. with• or is capable of being integrated with the Town. of Firestone. , e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting. of, 'one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real • • 1 2-25-2005 11 :32AM FROM P. 3 • estate or two or more contiguous tracts or parcels of real 'estate, comprises twenty acres or more, and which, together with the buildings and improvements sirnated ,thereon, has an acs ncs. value in excess pf two hundred thousand dollars ($200,000. 00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the .area proposed to be annexed without the written consent of the landowner or landowners. g. Na' axmexatiozr proceedings have_.begn_commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. , ' h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles . In any direction from any point of the boundaay of the Town of. Firestone in any one year. j . The territory proposed to be annexed is 7$3.'Yy'a acres in total area. • k. Prior to completion, of the annexation of the area proposed. to be annexed, a plan will .be in .place, pitrsuaxst to. Se'4nn- 3F-32-SGS(1) (e) , C R S..., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, - parks , aviation fields,. other public ' ways, grounds, open spades,, public- utilities, and terminals for water, light, sanitation, transportation, and- power- ter . be-paoviderl_by the Town of Firestone; and the proposed land uses for • the area; such plan to be updated at least once • annually. ' 1. In establishing the boundary of the area proposed to .be- annexed, if. a portion of a. platted street or alley is to be annexed, thie entire width' of- the street or alley has been included within the area annexed, and' reasonable access will not be denied to any landowners, owners of any easement, or the • owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone put_.ss= not .bounded art. Y+orh .sides by the Town of Firestone. 2 2-25-2005 11 :32AM FROM P. 4 • • m. If required, an impact. report will be prepared and filed pursuant to Section 31-12-108.5, C.R.S. 3 . The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and aIlteys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one-hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting tot he facts and agreeing_to the conairions herein contained will negate the necessity of any annexation election. • 4. • Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; • b. ' A map showing the boundary of the area proposed to be annexed, said map prepared by and containing the seal of a registered engineer; • c. Within the annexation boundary map, a showing of the. location o£ each ownership tract in unpiatted -- lend and, - if part or all of the area is platted; the boundaries and the plat numbers of plots or of lots and blocks; • d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the-Town own o€ Firestone=anti the ceatigMoua boundary of any other municipality abutting the area proposed' to be annexed, and a showing of the . dimensions of, such contiguous boundaries. S. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become , ' subject to ,all ordinances; resolutions, • r'iecr .and regulations of the Town of Firestone, except for general property taxes of 'the Town of Firestone, which shall be come effective as Of the January 1 next ensuing. 6. The zoning classificat'on requested for the area proposed to he—annexed is • The petitioners agree that said, annexed land shall be brought under the provisions of Title 17 of the Firestone Municipal Code within ninety (90) day from the effective ' date of the annexation ordinance. 3 2-25-2005 11 :33AM FROM P. 5 7. There shall be no duty or obligation upon the Town of Firestone to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be v..vvidt.3- at such- timer in.t:i>e_ sole discretion of the • Town, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such • services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate'lim%tswo€ the -Yawn. . 8. If required by the Town, an annexation agreement has been or will' be executed by the petitioners herein and the Tow7: of Firestone relating to this annexation and the . petitioners hereby expressly consent to 'the terms and rontitions set forth. in. the annexation agreement. 9. The petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the Town, appear on the annexation reap: • a%. Water rights ¢hall be provided persuant to Town ordinance. • b. . All conditions set out in the annexation agreement executed by the petitioner. c. • Other: • WRBREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the Town of Firestone, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed: • • • • oaaaas/ia33{aarriameitoo.Wroerst.f - • 2-25-2005 11 :33AM FROM P 6 •• AFFIDAVIT OF CIRCULATOR The undersigned-, •be-ing o€ lau€*l age, -srke••be#4ag first- trig- sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Firestone, Colorado, consisting of pages, including this page and that each signature thereon was witnessed by your affiant and is the true. signature of the person whose name it purports to be. • 4/ Ci atox ACKNOWLEDGEMENT STATE OF COLORADO. rrwmrry OR /,/i de/ )ss ) • • The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this r day ofg Witness my hand and official seal. M epmm}ss-S expires- oar l y Z07 t ez 5 Nit*P • .dare s ' 4:21:44CG)61-Ay s� • 5 • 'SIGNATURE SHEET Page 4 : r - - - a Signature.. of pate of Mailing Address Are you a regis- Are you a non- See Exhibit , Landowner/Petitioner Signing of Landowner/ tered elector, resident land- attached hereto pf Each Petitioner ' resident land- owner of the and incorporated signature owner of the area area proposed into this peti- , proposed to be to be anise d? tion by this annexed? • (Yes or No reference, for . - (Yes or No) the legal des- • criptibn of the •••i . land owned by this signer _ - , .. • ' � �� °�� - . s'99 •--ai al //al,, ea. . go : oI • ec I • • . I , 4 d co . . • o m N • O4 6 '(N - - - . ... 2-25-2005 12:24PM FROM P. 2 HOMESTEAD AT FIRESTONE ANNEXATION NO.ONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 2 NORTH, RANGE 67 WEST OF TIM 6Th P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57'18" WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5,A DISTANCE OF 165.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 78°31'59" WEST, A DISTANCE OF 150.33 FEET TO THE EAST LINE OF VOGL ANNEXATION NO.FOUR;THENCE NORTH 00°41'49" EAST, ALONG THE EAST LINE OF VOGL ANNEXATION NO. FOUR,A DISTANCE OF 60.00 FEET;THENCE SOUTH 78°23'29"EAST, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.101 ACRES,MORE OR LESS. 2-25-2005 12:25PM FROM P. 3 HOMESTEAD AT FIRESTONE ANNEXATION NO.TWO A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5 AND THE NORTH HALF OF SECTION 8,TOWNSHIP 2 NORTH,RANGE 67 WEST OF THE 6TH P.M.,COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89°57'19"WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. ONE AND THE POINT OF BEGINNING; THENCE SOUTH 78°31'59"WEST,ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. ONE,A DISTANCE OF 150.33 FEET; THENCE NORTH 87°57'17"EAST,A DISTANCE OF 750.22 FEET;THENCE NORTH 87°27'37"WEST,A DISTANCE OF 749.74 FEET TO THE EAST LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. ONE;THENCE SOUTH 78°23'29"EAST,ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. ONE,A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.415 ACRES,MORE OR LESS. 2-25-2005 12:25PM FROM P. 4 HOMESTEAD AT FIRESTONE ANNEXATION NO. THREE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4,THE SOUTH HALF OF SECTION 5,THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9,TOWNSHIP 2 NORTH,RANGE 67 WEST OF THE:6Th P.M.,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58"WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54'51"WEST, A DISTANCE OF 3661.29 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. 2; THENCE NORM 87°57'17"EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. 2, A DISTANCE OF 750.22 FEET; THENCE NORTH 87°27'37"WEST,ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO.2,A DISTANCE OF 749.74 FEET; THENCE SOUTH 89°08'48"EAST,A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.005 ACRES,MORE OR LESS. 2-25-2005 12:25PM FROM P 5 HOMESTEAD AT FIRESTONE ANNEXATION NO. FOUR A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4,THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9,TOWNSHIP 2 NORTH,RANGE 67 WEST OF THE 6Th P.M., COUNTY OF WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST,ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54'51"WEST,ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. THREE,A DISTANCE OF 3661.291-ELT; THENCE SOUTH 89°57'19"EAST,PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 312.12 FEET;THENCE SOUTH 89°36'35"EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHEAST QUARI Eft OF SAID SECTION 5,A DISTANCE OF 2689.03 FEET; THENCE SOUTH 89°28'58"EAST,PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2269.20 FEET; THENCE NORTH 00°07'08"EAST,PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,A DISTANCE OF 1350.00 FEET; THENCE SOUTH 89°28'58"EAST,PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 330.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4;THENCE NORTH 00°07'08"EAST,ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1316.07 FEET TO THE CENTER OF SECTION 4;THENCE NORTH 89°19'09" WEST,ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,A DISTANCE OF 2570.54 FEET;THENCE SOUTH 00°05'14"WEST, PARALLEL nu AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,A DISTANCE OF 561.71 FEET; THENCE SOUTH 89°24'03"EAST,PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4,A DISTANCE OF 630.00 FEET; THENCE SOUTH 00°05'14"WEST,PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF.2040.81 FEET;THENCE NORTH 89°28'58"WEST,PARALLEL WITH AND 40 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,A DISTANCE OF 629.99 FEET; THENCE SOUTH 00°05'14"WEST,PARALLEL WITH AND 30',FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 9.93 FEET; THENCE NORTH 89°36'35"WEST,PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AND ALONG ITS EASTERLY PROLONGATION,A DISTANCE OF 2718.47 FEET; 2-25-2005 12:26PM FROM p 6 THENCE NORTH 89°57'19"WEST,PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,A DISTANCE OF 312.23 FEET;THENCE SOUTH 89°08'48"EAST,ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. 3,A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL. CONTAINS 119.398 ACRES,MORE OR LESS. 2-25-2005 12:26PM FROM P 7 HOMESTEAD AT FIRESTONE ANNEXATION NO.FIVE A PARCEL OF.LAND LOCATED IN THE WEST HALF OF SECTION 4 AND THE EAST HALF OF SECTION 5,TOWNSHIP 2 NORTH,RANGE 67 WEST OF THE 6i4 P.M., AND THE SOUTHWEST QUARTER OF SECTION 33 AND THE SOUTHEAST QUARTER OF SECTION 32,TOWNSHIP 3 NORTH,RANGE 67 WEST OF THE.6m P.M., COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A THE CENTER QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°19'09"WEST,ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, SAID LINE BEING A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO.FOUR, A DISTANCE OF 2570.54 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 17; THENCE SOUTH 00°05'14"WEST,ALONG SAID EAST RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 Pr.B i EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4,AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. FOUR,A DISTANCE OF 561.71 FEET;THENCE CONTINUING SOUTH 009)5'14"WEST, ALONG SAID EAST RIGHT OF WAY LINE,A DISTANCE OF 2041.71 FEET TO A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO. FOUR; THENCE CONTINUING SOUTH 00°05'14"WEST,ALONG SAID EAST RIGHT OF WAY LINE,AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO.FOUR, A DISTANCE OF 9.93 FEET;THENCE NORTH 89°36'35"WEST,ALONG A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE ANNEXATION NO.FOUR, SAID LINE BEING PARALLEL WITH AND 30.FEET:NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5,A DISTANCE OF 60.00 FEET TO THE WEST LINE OF SAID COUNTY ROAI) 17;THENCE NORTH 009)5'14"EAST,ALONG SAID WEST LINE, SAID LINE BEING PARALLEL WITH AND 30 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5,A DISTANCE OF 2613.34 FEET; THENCE NORTH 00°04'48"EAST,ALONG A LINE PARALLEL WITH AND 30 FEET WEST OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE' OF 2837.52 FEET;THENCE SOUTH 89°32'42"EAST,ALONG A LINE PARALLEL WITH AND 30 FEET NORTH OF THE NORTHWEST QUARTER OF SAID SECTION 4,A DISTANCE OF 263117 FEET;THENCE SOUTH 00°08'05" WEST,ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE NORTHERLY PROLONGATION THEREOF,A DISTANCE OF 2847.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 175.328 ACRES,MORE OR LESS. DAILY TIMES-CALL TUESDAY, FEBRUARY 22, 2005 D5 • HOMESTEAD AT FIRE- ss �s STONE LLC ANNEXATION klu NO.FIVE k • 9010 A PARCEL OF LAND LO- CATED EST HOMESTEAD AT FIRE. THENCE SOUTH 8978'58' HALF OFISECTION N THE WAND N RESOLUTION NO.0S annexing the subject prop- STONE LLC ANNEXATION EAST, PARALLEL WITH THE EAST HALF OF SEC- T RESOLUTION FINDING erty to the Town of Fire- NO.THREE THE SOUTH LINE OF THE -NORT 5, TOWNSHIP 2 SUBSTANTIAL COMPLI- stone, and will pass one or A PARCEL OF LAND t0-,SOUTHWEST QUARTER NORTH, RANGE 67 WEST TIONANCE FOR ANNEXATION more ordinances zoning the GATED 'I N THE OF SAID SECTION d,A DIS- OF THE 6TH P.M., AND PETITIONS 'FILED WITH sub e<t property if requested ',SOUTHWEST QUARTER TANCE OF 330.00 FEET TO THE SOUTHWEST GUAR- THE TOWN OF FIRE-- in the petitions. - OF SECTION 4,THE SOUTH THE EAST LINE OF THE TER,OF SECTION 33 AND STONE, COLORADO, FOR INTRODUCED, READ, and HALF OF SECTION 5,THE SOUTHWEST QUARTER THE SOUTHEAST QUAR- ANNEXATIONS KNOWN AS ADOPTED this 10th day of NORTH HALF OF SECTION OF SAID SECTION 4; TER OF SECTION 32, THE HOMESTEAD AT February,2084. 8 AND THE NORTHWEST THENCE NORTH OOro7'OT TOWNSHIP 3 NORTH, FIRESTONE ANNEX- Michael P.Simone QUARTER OF SECTION 9, EAST, ALONG THE EAST 6TH E P.M.,J WEST OF THE UNTY, OF ATION NOS. ONE Mayor TOWNSHIP 2 NORTH, LINE OF THE SOUTHWEST 6TH E FTHE COLO- THROUGH FIVE TO THE ATTEST:Judy Hegwood RANGE 67 WEST OF THE QUARTER OF SAID SEP WELD, STATE OF TOWN OF FIRESTONE, Town Clerk 6TH P.M., COUNTY OF TION 4, A DISTANCE OF RADO, BPARTIING CULARLY MORE rOWN OF FIRESTONE, AND SETTING A PUBLIC EXHIBIT A WELD, STATE OF COLO- 1316.07 FEET TO THE GEN- . :SCRIBED F RLY DE- TER HEARING THEREON. LEGAL DESCRIPTION RADO, BEING MORE THE OF SECTION 4; WHEREAS, petitions for • HOMESTEAD AT THENCE NORTH 8719'09" '',SCRIBED AS FOLLOWS: NOTICE OF annexation of certain prop- FIRESTONE ANNEX- -SC PARTICULARLY DE- NORTH' ALONG THE' BEGINNINGATTHECEN- PUBLIC HEARINGS • erty, known as the Home- ATION COMMENCING BED AS LATTWTHE LINE OF THE (TER QUARTER CORNER Notice is hereby given that stead at Firestone Annex- HOMESTEAD AT FIRE- SOUTH QUARTER COR- 'SOUTHWEST QUARTER IOF SAID SECTION 4; e Planning and Zoning anon Nos.One through Five STONE LLC ANNEXATION NER OF SAID SECTION 4; OF SAID SECTION d,A DIS- •WESTCALONG THEBTH SOUTH immission of the Town of to the Town of Firestone, NO.ONE 'THENCE NORTH 5Y28'58'-TANCE OF 2570.54 FEET; restone-will hold a,Public have been filed with the A PARCEL OF LAND LO- N I N E T F THE R iaring commencing at 7:30LINE ALONG SO THE WESTOUTH NORTHWEST SID QUARTER TED Fires Clerk of the of SATED I N T N R QUA TER OF SOUTHWEST THENCE SOUTH 00'05'14.WITH OF' SAID SECTION 4,SAID n.,Wednesday,March 16, Firestone,Colorado, and re- SOUTHWEST QUARTER QUARTER SAID SEC- LINE B E 1 N G A IS at the Firestone Town ferred to the Board of OF SECTION 5 AND THE TION 4, A DISTANCE OF WEST, PARALLEL WITH ill,151 Grant Avenue,Fire- .;Trustees of the Town for a NORTHWEST QUARTER 1939.03 FEET TO THE THE 30 FEET F OF NORTHERLY LINE OF Inc. HOMESTEAD AT FIRE- Colorado 80520. The determination of substantial OF SECTION e,TOWNSHIP POINT OF BEGINNING; THE WEST LINE OF THE - FOUR,LLC ANNEXATION rpose of the Public Hear- .compliance with applicable 2 NORTH,RANGE 67 WEST SOUTHWEST QUARTER I is to consider a request :law;and OF THE 6TH P.M.,COUNTY -WEST, SOUTH 89'51'51' TOF ANCE SECTION 4,FEET;DIS- NO. A DISTANCE zoning of WEST, A DISTANCE property pro- WHEREAS, the Board of OF WELD, STATE OF 3661.29 FEET TO AN EAST- TANCE OF 561.71 OF 2570.54 FEET TO THE sed to be annexed to the Trustees wishes to permit si- COLORADO,BEING MORE THENCE PARALLEL SOUTH 89 WITH LAST FI CO TOFY WAD wn and known as the multaneous consideration of PARTI CULAR'LY DE- ERLY LINE HOME- THEN, THLI 'THE LINE OF COUNTY ROAD mestead at Firestone STEAD E FIRESTONE 17; mexation Nos.One through the subject ing, fo- SCRIBED I G AT LLC ANNEXATION NO. 2; THE SOUTH LINE AFTER THENCE SOUTH SAID EAST 9 questeannexd and zoning,l COMMENCING R THE THENCE NORTH 9]EAST- NORTH HALF OF- THE 'e and a request for ap- SOUTHWEST QUARTER WEST, ALONG EAST 7val of an Outline Develop- ' In S, petition;eBoard and SOUTH QUARTER SECTION ER CSR; EAST, LINEG F EASE- TOF ANCE OFC ION 4, EET; INGHT OF WAY LINE BE- mt WHEREAS, rev f TER OF SNO ' 5; ERLY LINE IR HOME-. T 30 PARALLEL WITH AND FEET EAST OF THE fsionla Plat.d The zoning I Trustees oi has sires too the WESTHET,ALONGE NORTH 8OUTH STEAD EX FON NOON A TASTE A 6LLE0.00 FEET; quested is PUD- byiiRensutio it fi dingso Inpt LINE THESO THE WEST DISTLC ANNEXATION OF N50.22 THENCE SOUTH O OF T'1E SOUTH ST QUARTER THE sidential A (PUD R-A). by e Resolution its findings In QUA OF THE SOUTHWEST FIST THENCE WEST, PARALLEL TER ER SAID SOSECTIONUTHWEST 4. zurther Notice is hereby !re NOW,ard THEREFORE, QUARTER DISTANCEOF SAID SEC- FEET; .A NORTH THE SOUTHWEST SAID WEST LINE 4, THE OF SAID ALONG 6 AND- 'en that the Board of-;ITN RESOLVED BY THE 165.06 FEET TO THE POINT EASTERLY' LINE NEG AN OF SECTION2040.814 FEET;; BEING A OME- usteesof the Town ofFire- BOARD OF TRUSTEES OF OF BEGINNING; HHOMESTEAD AT FIRE- TANCE OF NORTH ERLY LINE D AT FIRESTONEOF E- tewIIimedaPblic acHear. THE TCOLORADO:WN OF FIRE- THENCE E SOUTH DISTANCE STONE S LLC ANNEXATION WEST,PARALLEL WI H LLC A ANNEXATION NO. n., Thursday, March 24, Section 1.The petitions,the ' 750.33 FEET TO'THE EAST NO. 2, A DISTANCE OF AND 40 FEET NORTH OF •FOUR, A DISTANCE THENCE E i5 at the Firestone Town legal- descriptions for which LINE OF VOGL ANNEX- SOUS H FEET; THENCE A THE SOUTH LINE OF THE 1CONTINUING N1 FEET; SOU 11,151 Grant Avenue,Fire- are attached hereto as Ex- AT ION NO. FOUR; DISTANCE 89'08'4" EAST, 36 0.6 OF SOUTHWEST SECTION QUARTER O•05'14' WEST, ALONG ne, of the Public 0HTh hit byand referen<eparae in ed TEAST,HENCE NORTH O THE EAST FEET TO THE POINT OF TANCE OF 629.99 FEET; SAID EAST RIGHT OF WAY is to determine whether substantial compliance with LINE OF VOGL ANNEX-- BEGINNING. THENCE SOUTH OO'05'id• 2 LINE, A E TO OF (lain property for-whicha the applicable laws of the 'ANION NO. FOUR, A DIS- SAID PARCEL CONTAINS WEST, PARALLEL WITH 7ORTHE FEET A Rion for annexation has State of Colorado. TANCE OF 60.00 FEET; LESS,005 ACRES, MORE O'R TANDHE 30 FEET EAST OF NORTHERLY LINE 'OF in filed with the Town,to Section 2. No election is re- THENCE SOUTH 7873'29' THE WEST LINE OF THE HOMESTEAD AT FIRE- known as'the Homestead 'quired under § 31.12-107(2), EAST, A DISTANCE OF HOMESTEAD AT FIRE-(SOUTHWEST QUARTER STONE LLC ANNEXATION Firestone Annexation Nos. C.R.S.Sectlon 3:Noatltlitional 169.66 FEET TO THE POINT STONE LLC ANNEXATION OF SAID SECTION 4,A DIS- NO. 'FOUR; THENCE e through Five to the . terms and conditions are to , OF BEGINNING. NO.FOUR TANCE- OF 9.93 FEET; CONTINUING SOUTH of Firestone,meets the be Imposed except any pro- SAID PARCEL CONTAINS A PARCEL OF LAND LO- THENCE NORTH 89°36'35' 0005'14' WEST, ALONG Am of requirements of vided for in the petitions. 0.101 ACRES, MORE OR GATED I N T H E WEST, PARALLEL WITH SAID EAST.RIGHT OF WAY statutes of the State of Section 4. The Board of ' LESS. SOUTHWEST QUARTER AND. 30 FEET NORTH OF LINE,AND BEING ALONG oraaa and is eligible for Trustees will hold a OF SECTION 4,THE SOUTH 'THE SOUTH LINE OF THE A WESTERLY FIRE- hearing for the public HOMESTEAD AT FIRE- HOMESTEAD AT FIRE- lexailon to the Town, to purpose of STONE LLC ANNEXATION HALF OF SECTION 5,THE-SOUTHEAST QUARTER OF STONE LLC ANNEXATION ermine the zoning for the determining If the proposed NO.TWO NORTH HALF OF SECTION (SAID SECTION 5 AND NO. FOUR, A DISTANCE posed annexation,and to. annexations comply with A PARCEL OF LAND LO- QUARTER AND THE NORTHWEST ALONG ITS EASTERLY OF 9.93 FEET' THENCE isitler a request for ap- Sections 37-12.104 and GATED IN THE SOUTH QUARTER OF SECTION 9, PROLONGATION, A DIS- NORTH FEET;T WEST, ival of an Outline Develop- 31-12-105, C.R.5., and will HALF OF SECTION SAND TOWNSHIP 2 NORTH, TANCE OF 2718.47 FEET; ALONG A NORTHERLY nt Plan and Minor Sub- hold a public hearing to THE NORTH HALF OF RANGE 67 WEST OF THE THENCE NORTH 89'5]19• (slap Plat. The zoning determine the.appropriate SECTION 8, TOWNSHIP 2 6TH P.M., COUNTY OF WEST, PARALLEL WITH LINE OF HOMESTEAD AT quested Is PUD- zoning of the subject prop- NORTH, RANGE 67 WEST WELD, STATE OF SOLO- AND 30 FEET NORTH OF FIRESTONE LLC ANNEX- slPentialA (PUD R-A). erty, if requested In the OF THE 6TH P.M.,COUNTY REDO, BEING MORE THE SOUTH LINE OF THE ATION NO. FOUR, SAID my person may appear at petitions, at the Firestone OF WELD. STATE OF PARTICULARLY DE- SOUTHWEST QUARTER LINE BEING PARALLEL Public Hearings and be Town HAIL 151 Grant Ave- COLORADO,BEING MORE SCRIBED AS FOLLOWS: !OF SAID SECTION 4,A DIS- WITH AND 30 .FEET ird regarding the.metiers nue, Firestone, Colorado- PARTICULARLY DE- SOUTH AT THE TANCE OF 312.23 FEET; 'NORTH OF THE SOUTH ler consideration. The 80520, on Thursday, March SCRIBED AS FOLLOWS: SOUTH 'QUARTER COR-'THENCE SOUTH 89'08'48' LINE OF THE SOUTHEAST sroxlmate location.of the 24,2005,at 7:30 P.M. - COMMENCING AT THE NER OF SAID SECTION 4; EAST, ALONG AN EAST- QUARTER OF SAID SEC- iperrylseastofandalong .Section 5. Any'person may SOUTH QUARTER COR- THENCE NORTH 8978.58' ERLY LINE OF FIRESTONEHOME- TION 5, A DISTANCE OF ad 17. between Roads 24 ,appear at such hearing and NER OF SAID SECTION 5; WEST,ALONG THE SOUTH STEAD AT 160.00 FEET TO THE WEST 126.The legal description ,present evidence relative to THENCE NORTH 89'57'19' LINE OF THE SOUTHWEST LLC ANNEXATION N0.3,9' LINE OF SAID COUNTY the property which is the the proposed annexations,or WEST,ALONG THE SOUTH QUARTER OF SAID SEC- DISTANCE OF 3660.96. ROAD 17;THENCE NORTH gect of annexation and ;the proposed zoning if re- LINE OF THE SOUTHWEST TION 4, A DISTANCE OF FEET TO THE POINT OF 00.05'14' EAST, ALONG 'Mg request is set forth :quested in the petitions. QUARTER OF SAID SEC- POINT FEET TO THE BEGINNING. SAID WEST LINE, SAID ow in Exhibit A. :Section 6. Upon completion TION 5, A DISTANCE OF POINT OF BEGINNING; SAID PARCEL CONTAINS LINE BEING PARALLEL :opies of the zoning,:sub- of the hearing.the Board of 1165.06 FEET TO AN EAST- WEST, SOUTH 89'51.51' 119.398 ACRES, MORE OR WITH AND 30 FEET WEST ision and development ap- Trustees will set forth, by ERLY LINE OF HOME- WEST, ALONG AN EAST- LESS. OF THE EAST LINE OF :ations, annexation Teti- resolution, Its findings and STEAD AT FIRESTONE ERLY LINE IR HOME- 'THE.SOUTHEAST SECTIONQUAR- 5, 1, and resolution'finding conclusions with reference to LLC ANNEXATION NO. STEAD AT FIRESTONE TER OF SAID 5, t the annexation petition the eligibility of the proposed ONE AND THE POINT OF LLC ANNEXATION NO. A DISTANCE OF 2613.34 n substantial compliance annexations, and whether BEGINNING; THREE, A DISTANCE OF - FEET; THENCE NORTH h the applicable laws of the statutory requirements I THENCE SOUTH 78'31'59' SUTH FEET; THENCE W04'48' EAST, ALONG A State of Colorado are on for the proposed annexations ,WEST, ALONG THE EAST SOOUTH 89'SJ'19' EAST, LINE PARALLEL WITH and available for public have been met, and further, LINE OF HOMESTEAD AT PARALLEL WITH AND 30 AND 30 FEET WEST OF section In the office of the :will determine the appro- 'FIRESTONE LLC ANNEX- 'FEET SOUTH OF THE ' THE NORTHEAST QUAR- vn Clerk, 151 Grant Ave- prlate zoning of the subject ATION NO. ONE, A-DIS- SOUTH LINE OF THE TER OF SAID SECTION 5, Firestone, CO 90520, property if requested In the TANCE OF .150.33 FEET; SOUTHWEST SECTION QUARTER A DISTANCE THENCE 2837.52 OUCH 'Mg regular business petitions. ' - THENCE NORTH BT57'17• OF SAID S.FEET; FEET; 'PARALLEL SOUTH ¢s. .Section 7. If the Board of EAST, A DISTANCE OF TANCE OF SOUTH 9 30 EAST, ALONG A rated the 15th day of Feb- 'Trustees concludes, by 750.22 FEET; THENCE WITH99IT LINE WITH 'ry,2005. ' resolution,that all statutory 'NORTH 8777'37' WEST, A EAST, PARALLEL OL H AND ER 30 FEET NORTH OF WN OF FIRESTONE, requirements have been met I DISTANCE OF 749.74 FEET AND 30 FEET SOUTH OF THE NORTHWEST QUAR- LORADO and that the proposed annex- TO THE EAST LINE OF THE SOUTH LINE OF THE TER OF SAID SECTION 4, ly Hegwood ations are proper under the I HOMESTEAD AT FIRE- SOUTHEAST QUARTER OF A DISTANCE OF 2633.17 vn Clerk .- laws of the Slate of Colorado, STONE LLC ANNEXATION ?AID SECTION StA DIS- FEET; THENCE SOUTH the Board of Trustees may -NO.ONE;THENCE SOUTH TANCE OF 2689.07 FEET; 00°08'05• WEST, ALONG pass one or mare ordinances i 7873'29'EAST,ALONG THE THENCE SOUTH 89'28'58' THE EAST LINE OF THE EAST LINE OF HOME- EAST, PARALLEL WITH NORTHWEST QUARTER STEAD AT FIRESTONE AND 30 FEET SOUTH OF OF SAID SECTION 4 AND LLC ANNEXATION NO. THE SOUTH LINE OF THE THE NORTHERLY PRO- . A DISTANCE. OF SOUTHWEST QUARTER . ION THEREOF, A ]49.66 FEET TO THE POINT FEET T_OF SAID SECTION 4,ADI5- ' DISTANCE OF 2847.:56 OF BEGINNING. TANCE OF 2269.20 FEET; FEET TO THE POINT OF SAID PARCEL CONTAINS THENCE NORTH OPW'o8• BEGINNING. • 0.415 ACRES, MORE OR EAST, PARALLEL WITH SAID PARCEL CONTAINS LESS. THE EAST LINE OF THE 175.379 ACRES, MORE OR SOUTHWEST QUARTER LESS. OF SAID SECTION 4,A DIS- Published in the Dolly TANCE OF 1350.00 FEET; Times-Call, Longmont, Colorado, February 22 and March 1,8,15,2005. Annexation Impact Report Homestead at Firestone Town of Firestone Weld County Colorado February 24, 2005 Homestead at Firestone Annexation To the Town of Firestone Weld County, Colorado I. Project Description The location of the proposed Homestead at Firestone Annexation is shown on the Annexation Maps (Attachment A). The area to be annexed includes approximately 297.25 acres of predominately vacant land in unincorporated Weld County. Consistent with the Municipal Annexation Act and agreed upon policy between the Town and the County, the Town will not annex "one-half' of any County roadway. 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 with residential land uses. The proposed Outline Development Plan is shown in Attachments B. Current use of the property includes agricultural activities with related accessory uses. 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 land uses proposed are generally consistent with the Firestone Comprehensive Plan. A referral relative to the proposed land use for the property has also been sent to the County planning department for comments. II. Municipal Services Municipal services for The Homestead at Firestone are anticipated be provided in the following manner at the time of development of the property: Electricity United Power Natural Gas Kinder Morgan Telephone Qwest Water Town of Firestone Sewer St. Vrain Sanitation District Fire Frederick Firestone Fire Protection District Police Firestone Police Department Financing for the extension of and/or the improvement of the municipal services will primarily be the responsibility of the property owner/developer, through appropriate agreements and financing and completion guarantees. Homestead at Firestone Impact Report 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. The Outline Development Plan generally shows approximate existing or planned locations of ditches, transportation facilities, water and sewer facilities and other known utilities. Access to the property will have to comply to the Town's Access Code and Ordinance. III. Special Districts The area proposed to be annexed is within or will petition for inclusion into the following special districts: • Weld Library District • Weld County RE-1 School District • Northern Colorado Water Conservancy District • Mountain View Fire Protection District • St. Vrain Sanitation District • Carbon Valley Recreation 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 density of the proposed annexation is still being considered by the Town. At the proposed density it is estimated that there will be 195 elementary, 75 middle, and 95 high school students, for a total of 365 students, generated from the proposed development. 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 form annexation agreement is attached as Exhibit C. Homestead at Firestone Impact Report 2 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 proposed Homestead at Firestone is within such boundary. VII. Attachments A. Annexation Map Annexation maps B. Outline Development Proposed land use map for the annexation C. Annexation Agreement Firestone's form Annexation Agreement Homestead at Firestone Impact Report 3 ANNEXATION AGREEMENT (Standard Form March 4,2005) 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 1 .EXHIBIT N kM6CAAASLYT e- 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. 2 EXHIBIT N 9. Improvement 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 Laws. Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with, all 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 Laws. 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. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part,term, portion, or provision held to be invalid. 14. Municipal Services. 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 Rights. Owner shall dedicate water rights as set forth in this section. 3 EXHIBIT N A. Residential Uses. 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 Uses. 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 Refusal. 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 4 EXHIBIT N 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 5 EXHIBIT N 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 Law. 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 6 EXHIBIT N 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 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 7 EXHIBIT N 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 8 EXHIBIT N 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) 030405/1032[sj 1]F:\Users\Sam\W PDocs\Fireston\Forms\Annex.agm 9 EXHIBIT N EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 10 EXHIBIT N EXHIBIT B DESCRIPTION OF APPURTENANT WATER RIGHTS 11 EXHIBIT N Hello