HomeMy WebLinkAbout20051679.tiff e °°� l�;./,, City of Fort Lupton
( Z3 )j% Planning and Building
e01... Department
Performance,Integrity,Teamwork
Accountability and Service
(303)857-6694 x 125
Tom Perko,Planning Director Fax(303 857-0351
130 S.McKinley Avenue e-mail:planner@friinet
Fort Lupton,Colorado 80621 http://www.fortlupton.org
May 26, 2005
Weld County
Attention: Board of County Commissioners
915 Tenth Street
P.O. Box 758
Greeley, Colorado 80632
Dear Commissioners:
This letter is to inform you that the City Council of Fort Lupton has received a petition for
annexation pursuant to the Municipal Annexation Act of 1965. Senate Bill 45 which was
passed in 1987 requires the City of Fort Lupton under the "expanded notice
requirements" of Section 31-12-108 to distribute a copy of the resolution and annexation
petition by registered mail to the Clerk of the Board of County Commissioners, the
County Attorney, and any Special District having territory within the area proposed to be
annexed twenty-five (25) days before the date of the annexation hearing. As outlined in
Resolution 2005-021 passed by Fort Lupton City Council, the hearing for the annexation
will take place on July 20, 2005 beginning at 7:00 P.M. at City Hall, Fort Lupton
Colorado. If you have any questions please feel free to contact me at the number listed
above.
Sin ely,
Tom Parko
City Planner
Cc: Jessesaratiotaliesisilai
Barb Rodgers, City Clerk
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1CC, I— S ( l� 2005-1679
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PETITION FOR ANNEXATION
TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort
Lupton and its City Council for annexation to the City of Fort Lupton of the unincorporated
territory, the legal description of which 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
f,u;6el Annexation to the City of Fort Lupton.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to the
City of Fort Lupton.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist 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 City of Fort Lupton or will be contiguous with the City of
Fort Lupton 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
City of Fort Lupton.
c. The area proposed to be annexed is urban or will be urbanized in the near future.
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the City of Fort Lupton.
e. 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 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 estate or two
or more contiguous tracts or parcels of real estate, comprises twenty acres or
more, and, together with the buildings and improvements situated thereon, has an
assessed value in excess of 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. No annexation proceedings have been commenced for any portion of the area
proposed to be annexed for the annexation of such area to another municipality.
The area proposed to be annexed is not part of any incorporated city, city and
county, or town.
1
h. The territory proposed to be annexed does not include any area which is the same
or substantially the same are in which an election for an annexation to the City of
Fort Lupton was held within the twelve months preceding the filing of this
petition.
i. The annexation of the area proposed to be annexed will not result in the
detachment of said area from any school district.
j. The annexation of the territory proposed to be annexed will not have the effect of
extending the boundary of the City of Fort Lupton more than three miles in any
direction from any point of the boundary of the City of Fort Lupton in any one
year.
k. The territory to be annexed is 2) t I acres in total area.
1. Prior to completion of the annexation of the area proposed to be annexed, a plan
will be in place, pursuant to Section 31-12-105 (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 spaces, public utilities, and terminals for
water, light, sanitation, transportation, and power to be provided by the City of
Fort Lupton, and the proposed land uses for the area.
m. In establishing the boundary of the area proposed to be annexed, if a portion of a
platted street or alley is to be annexed, the 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 but is not bounded on
both sides by the City of Fort Lupton.
n. If required, an impact report will be prepared and filed pursuant to Section 31-
12-108.5, C.R.S..
3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the
landowners and own more than fifty percent (50%) of the property, excluding public
streets and alleys and any land owned by the annexing municipality, and are, in fact,
owners of one hundred percent (100%) of the property set forth in Exhibit A attached
hereto and incorporated herein by reference.
4. At least fifteen(15)days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen (15) copies of an annexation map shall be submitted to
the City, produced with an engineer's scale, minimum scale to be one(1)inch represents
one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four
(24)by thirty-six(36) inches, containing the following information:
a. The date of preparation, the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the annexation map.
d. The legal description.
e. Distinction of the boundary that is contiguous to the City and the length of same.
f Lot and block numbers if the area is already platted.
g. Existing and proposed easements and rights-of-way.
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h. Existing and requested zoning and acreage of each requested zone.
i. Ownership of all parcels within and adjacent to the annexation.
j. Appropriate certification blocks as directed by the Planning Department.
5. At least fifteen(15)days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen(15) copies of a master plan shall be submitted to the City
of Fort Lupton, produced with an engineer's scale, minimum scale to be one (1) inch
represents one hundred (100) feet, on a reproducible medium with outer dimensions of
twenty-four(24)by thirty-six (36)inches, containing the following information.
a. The date of preparation, the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the master plan.
d. Existing and proposed easements and rights-of-way.
e. Block numbers and lot numbers with approximate dimensions.
f. Proposed gross and net residential density.
g. Existing watercourses with adequate easements for flood control.
h. Designation of all public sites to be reserved and dedicated.
i. Existing two-foot contours.
j. Appropriate certification blocks as directed by the Planning Department.
6. At least fifteen(15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of five (5) copies of all required supportive information shall be
submitted to the City of Fort Lupton which shall include the following:
a. Soils description and limitation.
b. Preliminary utility plan.
c. Mailing addresses of all property owners within three hundred (300) feet of the
annexation.
d. Affidavit concerning the amount and historical use of all water rights owned.
e. Vicinity map with one and one-half(1 'A) mile radius, at a minimum scale of one
(1)inch represents two thousand (2,000)feet.
f. Statement on community need for proposed annexation and zoning.
g. For all annexations in excess often(10)acres, the applicant shall obtain from the
school district governing the area to be annexed a statement of the effect of the
annexation upon the school district, including an estimate of the number of
students generated by the proposed annexation and the capital construction
required to educate such students.
7. Upon the annexation ordinance becoming effective, all lands within the area proposed to
be annexed will become subject to all ordinances, resolutions, rules, and regulations of
the City of Fort Lupton, except for general property taxes of the City of Fort Lupton,
which shall become effective as of the January 1 next ensuing.
3
8. The m ig classification requested for the area proposed to be annexed is
, as shown on the annexation map attached hereto and incorporated
herein.
9. As required by the City of Fort Lupton, an annexation agreement has been or will be
executed by the petitioners herein and the City relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the
annexation agreement.
10. As an expressed condition of annexation, landowner(s) consent(s) to petition for
inclusion into the Northern Colorado Water Conservancy District and the municipal sub
district pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs
associated with such inclusion. Landowner(s) acknowledge(s) that, upon inclusion into
the district and subdistrict, landowner's(s) property will be subject to the same mill
levies and special assessments as are levied or will be levied on other similarly situated
property in the district and subdistrict at the time of inclusion of landowners(s') lands.
Landowner(s) agree(s) to waive any right to an election which may exist to require an
election pursuant to Article X, Section 20, of the Colorado Constitution before the
district and subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Landowner(s) also agree(s) to waive, upon inclusion, any right
which may exist to a refund pursuant to Article X, Section 20, of the Colorado
Constitution.
11. The non-refundable annexation application fee of 1 1OO 1- is tendered
herewith.
4
THEREFORE, the undersigned respectfully petition(s)the City Council of the City of Fort Lupton,
to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in
accordance with and pursuant to the statutes of the State of Colorado.
Land Owper()Nani and Signs ure(s) Mailing Address Date of Signi,_ng
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Land Owner())Names(s) and Signature(s) Mailing Address Date of Signing
MID
The foregoing signature(s)was/were subscribed and sworn to before me this - day of
'MUD, , 201t by
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Witness my hand and official seal. a ?c .Fgti
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M commission expires on��3-96. (f)
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Land Owned
If necessary, attach separate sheet.
6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
{;(E/z/^, A trars'Are being first duly sworn, states upon oath that he/she is the
circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge
that the signature of each land owner appearing on said petition is the signature of the person whose
name it purports it to be.
(Signature of Circulator)
e foregoing Affidavit was subscribed and sworn to before me this 1\()E day of
20 Q), by CHIP Mc.CQ -C
Witness my hand and official seal. nn,�,, �/�
My commission expires on 63C� 0f)
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7
RESOLUTION NO. 2005-021
A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING
ANNEXATION PROCEEDINGS FOR THE JESSER-BROWN ANNEXATION
AND SETTING A PUBLIC HEARING.
WHEREAS, the Fort Lupton City Council has reviewed the annexation petition
submitted for a 137.12+acre parcel known as the Jesser-Brown Annexation, as described
on Exhibit A attached hereto; and
WHEREAS, the Fort Lupton City Council fords the annexation petition to be
complete and in substantial conformance with the requirements of C.R.S. 31-12-107 (1)
as amended.
NOW THEREFORE BE IT RESOLVED that the Fort Lupton City Council
hereby approves Resolution 2005-021 initiating annexation proceedings for the Jesser-
Brown Annexation, and sets the hearing date for July 20, 2005 to determine if the
proposed annexation complies with C.R.S. 31-12-104 and 31-12-105, or such parts
thereof as may be required to establish eligibility for annexation under the terms of Part
1, Article 12, Title 31, C.R.S.
APPROVED AND ADOPTED BY THE FORT LUPTON CITY COUNCIL THIS
25" DAY OF MAY 2005.
City of Fort Lupton, Colorado
2 O44 WA Jail
S. David Norcross, Mayor
Approved as to form: Attest:
gatthAit
l/i? ctw. ti��t�.
T. William Wallace Barbara Rodgers, City Cler
AM 2005-053
•` `°"' 1•'.,, City of Fort Lupton
u'..'5„ .) Planning and Building
g;
°"°••� Department
Performance,Integrity,Teamwork, R' i
Accountability and Service -
(303)857-6694 x 125
Tom Parko,Planning Director Fax(303 857-0351
130 S.McKinley Avenue e-mail:planner@frii.net
Fort Lupton,Colorado 80621 http://www.fortlupton.org
May 26, 2005
Weld County Commissioners
915 Tenth Street
P.O. Box 758
Greeley, Colorado 80632
Annexation Impact Report
The following is an Annexation Impact Report required by the City of Fort Lupton
Municipal Code Chapter 15 (Annexations) Section 15-4. It states "for all annexations in
excess of ten (10) acres, the City shall prepare an impact report regarding the proposed
annexation not less than twenty-five days before the date of the annexation hearing".
The report is prepared for what will hereinafter be referred to as the "Jesser-Brown
Annexation". Section 15-4 further states "one (1) copy of the impact report shall be filed
with the Board of County Commissioners governing the area to be annexed..."
Please review the following attachments for review and comment. If you have any
questions or concerns with the aforementioned proposal please do not hesitate to call
the City of Fort Lupton and ask to speak with Tom Parko, City Planner. The proposed
annexation is scheduled before the Fort Lupton City Council on July 20, 2005. Any
comments should be in writing and addressed to Council.
Attachment A:
A map of the City and adjacent territory showing the following information:
1) The present and proposed boundaries of the City in the vicinity
of the proposed annexation.
2) The present streets, major trunk water lines, sewer interceptors
and outfalls, other utility lines and ditches and the proposed
extension of such streets and utility lines in the vicinity of the
proposed annexation.
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3) The existing and proposed land use pattern in the areas to be
annexed.
Attachment B:
A copy of any draft or final pre-annexation agreement.
Attachment C:
A statement of the City's plans for extending or providing for municipal services within
the area to be annexed.
Attachment D:
A statement of the City's plans for the financing of municipal services to be extended
into the area to be annexed.
Attachment E:
A statement identifying all existing districts within the area to be annexed.
Attachment F:
A statement of the effect of the annexation upon the school district governing the area
to be annexed, as is more fully set forth in Section 15-3(d)(7) of Chapter 15. For the
purposes of this annexation Weld County School District RE-8 governs.
Section 15-3(d)(7) states "for all annexations in excess of ten (10)
acres, the applicant shall obtain from the school district governing the
area to be annexed a statement of the effect of the annexation upon
the school district, including an estimate of the number of students
generated by the proposed annexation and the capital construction
required to educate such students".
Additional information can also be found by referring to the City referral sent to the
County Commissioners prepared by Civil Resources, LLC. Again, if you have any
questions in regards to this Annexation Impact Report and its contents please call the
City of Fort Lupton at the number listed above.
Respectfully submitted,
Tom Parko, City Planner
City of Fort Lupton
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Attachment A
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Existing City Limits in relation to proposed annexation.
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Weld County Road 14 will be used as the "pole"to annex in the Jesser-Brown Parcel
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Existing Land Uses.The proposed land use for this area has not been determined. The 1997 Fort
Lupton Land Use Plan does not give a clear direction on the proposed area to be annexed in
regards to land use.The urban growth boundary does not extend to this site.Existing utilities are
located in WCR 31 and WCR 14 as well as WCR 31 and WCR 14'/:
- 4 -
Attachment B (Preliminary Annexation Agreement)
MT .14,44:fro
City of Fort Lupton ntritp.44 36
130 S. McKinley Avenue, P.O. Box 148
Fort Lupton, Colorado 80621 cot0000t
303.857.6694 303-857-0351(Fax)
Jesser-Brown Annexation
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2005, by and
between , hereinafter referred to as the "Owner", and the CITY
OF FORT LUPTON, a municipal corporation of the State of Colorado, hereinafter referred to as
"Fort Lupton"or"City".
WITNESSETH:
WHEREAS, Owner desires to annex to Fort Lupton 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 attached hereto as Exhibit "B", and incorporated herein and made a part hereof; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
agreement; and
WHEREAS, Owner acknowledges that upon annexation, the property will be subject to
all ordinances, resolutions, and other regulations of Fort Lupton, as they may be amended from
time to time; and
WHEREAS, the parties mutually agree that the annexation of the Property shall not
create any additional cost or impose additional burden on the existing residents of the City to
provide public facilities and services to the Property after annexation; 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 Fort Lupton 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.
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NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE CONVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Maps and Surveys. Owner agrees to execute, promptly upon request of Fort Lupton,
any and all maps, surveys, engineering, master planning, annexation impact reports and
public notice and other documents necessary to finalize the annexation of the property
and the other provisions of this Agreement.
2. Exclusivity. 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
Fort Lupton.
3. Fees. Owner agrees to pay Fort Lupton an annexation fee in the amount of$1,652.00.
4. Timeline. Fort Lupton shall act upon the annexation petition following a public hearing
on May 25, 2005 unless Owner consents to later action.
5. Zoning. Parties recognize that it is necessary by State Law, to zone the property within
90 days of annexation, and that the most appropriate use of the property is for residential
purposes. Owner has submitted a request to zone the property R-2 (Medium Density
Residential) and the City will act upon this request following a public hearing on July 20,
2005. The parties recognize that it is the intent and desire of Owner to develop the
property in a manner consistent with the zoning requested and that the granting of such
zoning by Fort Lupton is a condition to annexation of the property. Owner shall take all
action necessary to permit zoning by Fort Lupton of the annexed property within the time
prescribed by state statutes.
6. Rights-of-Way and Easements. Owner agrees to dedicate by General Warranty Deed or
appropriate instrument of conveyance acceptable to the City easements and rights-of-way
for streets and other public ways and for other public purposes, as required by City
master plans, ordinances, and resolutions. Such dedications shall occur immediately
upon request of the City except that internal rights-of-way shall be dedicated at the time
of subdivision platting, unless the City specifies another time.
7. Streets. 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 City 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 City ordinances and
resolutions, to guarantee construction of all required improvements, and, if requested by
Fort Lupton, to dedicate to Fort Lupton any or all other required improvements. Owner
agrees to enter into an agreement pertaining to such improvements and other matters
prior to any development and/or subdivision of the property.
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8. Compliance With Master Plans. Owner agrees that future development of the site will
comply with any adopted infrastructure plans including but not limited to transportation,
drainage, water, sewer, land use and comprehensive plans.
9. Special Improvement Districts. If requested by Fort Lupton, Owner agrees to include
the property in one or more special improvement districts or other mechanisms
established by Fort Lupton for making improvements to streets and other public ways, or
for making other public improvements authorized by law, and Owner hereby appoints the
City Administrator of Fort Lupton as Owner's attorney-in-fact for the purpose of
executing all documents determined by Fort Lupton to be necessary for such inclusion. If
requested by Owner, Fort Lupton agrees to consider the establishment of one or more
special improvement districts for making such improvements.
10. Compliance with Ordinances, Resolutions and Standards. 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 City ordinances and resolutions
including, without limitation, ordinances and resolutions pertaining to subdivision,
zoning, storm drainage, utilities, and flood control.
11. Limitations. Nothing contained in this Agreement shall constitute or be interpreted as a
repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative,
governmental, or police powers to promote and protect the health, safety, and welfare of
the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase
by the City of any tax or fee.
12. Disconnection. No right or remedy of disconnection of the property from the City shall
accrue from this Agreement, other than that provided by applicable state laws. In the
event the property or any portion thereof is disconnected at Owner's request, Fort Lupton
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. Fort Lupton agrees to make available to the property all of the
usual municipal services in accordance with the ordinances and policies of the City,
which services include, but are not limited to, police protection and water and sewer
services. Owner acknowledges that City services do not include, as of the date of the
execution of this Agreement, fire protection or emergency medical services, but the
property is presently included within the boundaries of and is entitled to receive such
services from the Fort Lupton Fire Protection District.
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15. Existing Water Rights. At the time of subdivision or development, the Owner agrees to
convey all irrigation water rights and groundwater rights associated with the property and
listed in Exhibit "B". The timing and method of the necessary conveyance shall be
determined concurrently with review and approval of any development plan or
subdivision plat. Owner agrees to convey to the City, upon annexation of the subject
property, all water rights listed on Exhibit "B", and any related stock certificates
evidencing ownership of the water rights, free and clear of all encumbrances and with all
taxes and assessments related thereto paid in full, unless the City in writing rejects any or
all such water rights.
16. Future Conveyance of Water Rights. In accordance with Fort Lupton Municipal Code
Section 13-122, Owner agrees to convey to the City, all water rights necessary for
development, and any related stock certificates evidencing ownership of the water rights,
free and clear of all encumbrances and with all taxes and assessments related hereto paid
in full, unless the City in writing rejects any or all such water rights. Water rights may be
conveyed on a pro-rata basis as the property develops.
Owner hereby acknowledges its receipt of a copy of Fort Lupton Municipal Code Section
13-122 concerning City policy with respect to the dedication of water rights, or cash in
lieu, to the City in connection with annexations, and agrees to comply with such
resolutions and with any amendments thereto, including any applicable amendments
adopted subsequent to the annexation of the subject Property.
17. Parks and Public Lands. Owner agrees to dedicate to the City, or pay cash in lieu of
land if required by City at the time of platting, areas to be used for public purposes.
Lands dedicated shall be acceptable to City and shall comprise six (6) percent of gross
residential and two (2) percent of gross non-residential land. All dedicated lands shall be
platted by the owner in accordance the City's subdivision regulations. Owner agrees to
pay to City at the time of building permit any applicable park development fees as
enacted by City Council by ordinance.
18. 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.
19. Amendments. The City and any Owner without the consent of any other Owner may
amend this agreement as long as such amendment affects only that Owner's portion of
the property. Such amendments shall be in writing, shall be recorded with the County
Clerk of Weld County, Colorado, shall be 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.
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20. Sole 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.
21. Liability. Owner agrees to indemnify and hold harmless the City and the City's officers,
employees, agents, and contractors, from and against all liability, claims, and demands,
including attorney's fees and court costs, which arise out of or are in any manner
connected with the annexation of the property, or with any other annexation or other
action determined necessary or desirable by the City in order to effectuate the annexation
of the property, or which are in any manner connected with Fort Lupton's enforcement of
this Agreement. Owner further agrees to investigate, handle, respond to, and to provide
defense for and defend against or at the City's option to pay the attorney's fees for
defense counsel of the City's choice for, any such liability, claims, or demands.
22. "Owner" Defined. 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.
23. External References. As used in this Agreement, unless otherwise specifically provided
herein, any reference to any provision of any City ordinance, resolution, or policy, and
the parties agree that such amendments or revisions shall be binding upon Owner.
24. Transferability. 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.
25. Recording. This Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner's expense.
26. Enforcement. Subject to the conditions precedent herein, this Agreement may be
enforced in any court of competent jurisdiction.
27. Termination. This Agreement shall be null and void if the City fails to approve the
annexation of the property.
28. No Assurance of Annexation. The Owner acknowledges that the annexation and zoning
of the property are subject to the legislative discretion of the Fort Lupton City Council.
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 remedy for the
breach hereof accompanied by the exercise of such discretion shall be the withdrawal of
the petition for annexation by the Owner, or disconnection from the City in accordance
with state law, as may be appropriate.
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29. Inclusion in NCWCD. The Owner consents to petition for inclusion into the Northern
Colorado Water Conservancy District and the municipal sub-district pursuant to Section
97-45-136 (3.6) C.R.S. and to pay the appropriate inclusions fees and costs associated
with such inclusion within six months of the date of annexation. Owner acknowledges
that, upon inclusion into the district and sub-district, Owner's property will be subject to
the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the district and sub-district at the time of inclusion of
Owner's lands. Owner agrees to waive any right to an election which may exist to
require an election pursuant to Article X, Section 20, of the Colorado Constitution before
the district and sub-district can impose such mill levies and special assessments as it has
the authority to impose. Owner also agrees to waive, upon inclusion, any right, which
may exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution.
OWNER
By:
CITY OF FORT LUPTON
By:
S. David Norcross, Mayor
ATTEST:
By:
Barbara Rodgers, City Clerk
ACKNOWLEDGEMENT
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The above and foregoing signatures were subscribed to sworn to before me this
day of , 2005.
Witness my hand and official seal.
My commission expires on:
Notary Public
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EXHIBIT A
Legal Description of Property Owned by Annexor(s)
THAT PART OF THE NORTHWEST '/ OF SECTION 2, TOWNSHIP 1 NORTH, RANGE 66
WEST OF THE 6T' P.M., WELD COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE
COINCIDENT WITH THE WEST LINE OF THE NORTHWEST '/ OF SAID SECTION 2
SOUTH 0° 26' 52" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14; THENCE COINCIDENT WITH
SAID SOUTH RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE
NORTHWEST '/ OF SAID SECTION 2 NORTH 89° 32' 37" EAST, A DISTANCE OF 210.00
FEET TO A POINT ON THE EAST LINE OF A PUBLIC SERVICE COMPANY RIGHT-OF-
WAY LINE AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST '/ OF SAID
SECTION 2 SOUTH 0° 26' 52" EAST, A DISTANCE OF 2454.63 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 52; THENCE COINCIDENT
WITH SAID NORTH RIGHT-OF-WAY LINE PARALLEL WITH THE SOUTH LINE OF
THE NORTHWEST '/ OF SAID SECTION 2 NORTH 89° 58' 38" EAST, A DISTANCE OF
2414.98 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST % OF SAID
SECTION 2; THENCE COINCIDENT WITH SAID EAST LINE NORTH 0° 00' 30" WEST, A
DISTANCE OF 2472.98 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 14; THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-
WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST Y OF
SAID SECTION 2 SOUTH 89° 32' 37" WEST, A DISTANCE OF 2433.72 FEET TO THE
POINT OF BEGINNING.
CONTANING 137.12 ACRES MORE OR LESS, COUNTY OF WELD, STATE OF
COLORADO
WCR 14 "pole" Annexation Legal
THAT PART OF WELD COUNTY ROAD 14 LYING IN SECTIONS 2 AND 3 IN
TOWNSHIP 1 NORTH, AND LYING IN SECTION 34 AND 35 IN TOWNSHIP 2 NORTH,
ALL IN RANGE 66 WEST OF THE 6T" P.M., WELD COUNTY, COLORADO DESCRIBED
AS FOLLOWS:
BEGINNINNG AT THE NORTHWEST CORNER OF THE NORTHEAST CORNER OF
SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHEAST ' OF SAID
SECTION 3 SOUTH 00° 13' 31" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14; THENCE COINCIDENT
WITH SOUTH RIGHT-OF-WAY LINE AND PARALLEL WITH THE NORTH LINR OF
THE NORTHEAST '/ OF SAID SECTION 3 SOUTH 89° 46' 29" EAST, A DISTANCE OF
2662.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST '/ OF SAID
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SECTION 2; THENCE COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE AND
PARALELL WITH THE NORTH LINE OF THE NORTHWEST '/ OF SAID SECTION 2
NORTH 89° 32' 37" EAST, A DISTANCE OF 2643.95 FEET TO A POINT ON THE EAST
LINE OF THE NORTHWEST '/ OF SAID SECTION 2; THENCE COINCIDENT WITH THE
EAST LINE OF THE NORTHWEST '/ OF SECTION 2 COINCIDENT WITH THE EAST
LINE OF THE SOUTHWEST % OF SAID SECTION 35 NORTH 00° 27' 23" WEST, A
DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 14; THENCE COINCIDENT WITH SAID NORTH RIGHT-OF-
WAY AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST '/ OF SAID
SECTION 35 SOUTH 89° 32' 37" WEST. A DISTANCE OF 2643.95 FEET TO A POINT ON
THE EAST LINE OF THE SOUTHEAST '/ OF SAID SECTION 34; THENCE COINCIDENT
WITH THE SAID NORTH RIGHT-OF-WAY LINE AND PARALLEL WITH THE SOUTH
LINE OF THE SOUTHEAST '/ OF SAID SECTION 34 NORTH 89° 46' 29" WEST, A
DISTANCE OF 2662.18 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST ''/
OF SAID SECTION 34; THENCE SOUTH 00° 13' 31" WEST, A DISTANCE OF 30.00 FEET
TO THE SOUTHWEST CORNER OF THE SOUTHEAST '/ OF SAID SECTION 34, THE
POINT OF BEGINNING.
CONTAINING 7.31 ACRES MORE OR LESS, COUNTY OF WELD, STATE OF
COLORADO.
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Attachments C,D,E, & F
(Statements)
Attachment C (A statement of the City's plans for extending or providing for municipal
services within the area to be annexed).
The applicant has agreed to extend the utilities, i.e. water, sewer, and storm sewer to the
property. The utilities will be located in the WCR 14 right-of-way. Improvements to
WCR 14 will also be included, i.e. pavement. Annexation Agreement, in its final form,
will reflect these improvements at time of development.
Attachment D (A statement of the City's plans for the financing of municipal services to be
extended into the area to be annexed).
The City has an unwritten policy that "growth shall pay its own way". The financing of
these services will be borne by the developer of the property. At time of platting, the
developer will enter into a Subdivision Improvement Agreement (SIA) and will more
than likely request a reimbursement clause. There is a possibility that other properties
along the "pole" will petition to annex under the same terms as the Jesser-Brown
Annexation. If this happens there could be a chance that multi property owners join
together to finance the infrastructure.
Attachment E (A statement identifying all existing districts within the area to be annexed).
There are two special taxing districts in the area proposed to be annexed. The first is the
Fort Lupton RE-8 School District. The second is the Fort Lupton Fire Protection District.
Both will be formally notified of the annexation.
Attachment F (A statement of the effect of the annexation upon the school district
governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7) of Chapter
15).
The applicant has been directed to approach the school district administration to begin
work on an agreement to mitigate the impacts of the residential units. Agreement will be
made part of permanent record with the City and will be recorded along with all
applicable annexation submittals.
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