HomeMy WebLinkAbout20040085.tiff APPLICATION LONG FLOW SHEET
COLORADO
APPLICANT: CC Land LLC c/o Edwin J. Chamberlain CASE#: CZ-1049
REQUEST: " - Change of Zone from A(Agricultural)Zone District to C-3 (Business Commercial)Zone
District
LEGAL: Lot B RE-358 being part of the NW4 Section 22, T6N, R67W of the 6th P.M., Weld
County, CO
LOCATION: South of and adjacent to Highway 392 and east of and Highway 257
PARCEL ID#: 0807 22 000039 ACRES: 5.9 +/-
To be completed by Planner: Date By
Application Received Sept 22, 2003
PC Hearing Action: Dec 2, 2003
Utility Board Date
Design Review Date
Application Complete and Sent to Office Tech
PC Sign to be Posted By: Field Check and Sign Posted
CC Hearing Action:
CC Sign to be Posted By: CC Sign Posted
To be completed by Office Tech: Date(Sent) Date(Due) By
Referrals 9.ZS .
iJkA
Certified.Mail to:
Letter to Applicant -&`5.63
Chaindexed G}. ZS .03
Surrounding Property/Mineral Owners Notified O3
Date Legal Notice Sent to County Newspaper
Date Legal Notice to be Published in County Newspaper I I ,Z,p ,03 DM
File Completed and given to Planner
To be completed by CAD Tech: Date
Plat Recorded and Filed
Overlay Districts
Zoning Agricultural Geologic Yes Nox_
Airport Yes No x_ Flood Hazard Yes No —x
IGA Yes No_x_ Panel#080266 060-5D
UGB Yes_x_ No
MUD Yes No_x
2 .0085
Applicant - (' v X,cC - C Parcel Number- No 7 z z C' 3 g
Subdivision Name - _ _ Legal Description - rot/3 E E. 3 5 r
K- Case recieved -sp coz 7/ZZ fp S eelq-dtte -
L- h 4it COZ PC Date - IA/ 3 BOCC Date -
F- -
Check: -Airport - - - MU -
sp z fp impact-Fees SLIC -
Flow sheet 1,/ Water-
Referral sheet 1/
Put on field check map
Add to case list Irrigation -
PC date a
Add to calendar a ,i Septic -
Shell started
Case tabs n
Inventory started a Imp. Agreement -
Maps ordered a
Sign made a e-eveRagts
Field check
Field check sheet erne'nt -
Copy to print shop n Flood
Preliminary comments complete Plain:
Preliminary comments to staff Ditch Agreement -
Preliminary to applicant
'ost sign 10 FP/15 Coz days prior n
Packets sent to PC n Oil & Gas Agreement - 4//,j nu �� � Soil:
Finalize comments
E-mail final comments to Lee,
Trevor, Pam and Peter n Drainage Study -
Save final comments for minutes n
Planning Commission speach Traffic Study -
Inventory finalized a
Driginal w/ inventory#s, inventory Fire Requirements -
and final comments to CTB
ake & post sign 10/15 days prior n
BOCC speach na , COMMENTS:
•
WELD COUNTY,COLORADO O
DEPARTMENT OF PLANNING SERVIC 3�'
1555 N. 17TH AVENUE
GREELEY, CO 80631
PHONE(970)353-6100, ExT.3540-Fax(970)304-6498 •
. DATE: 9/2 Z- 20 O3 RECEIPT f , ' 09880
RECEIVED FROM: i )i; :(f')t �._ `k.L i
NO. TYPE FEES
4221 -RE/SE
4221 -ZPMH
• 4221 -USR
4221 -SITE PLAN REVIEW
-1422-1 --GOZ .2/00
, l0U
4221 PUD Ll
4221 -SUBDIVISION -
4221 -BOA
4221 -FHDP/GHDP
4430-MAPS/PUBLICATIONS
" 4430-POSTAGE•
-
4430-COPIES
4730-INVESTIGATION FEE
6560-RECORDING FEE
MISC.
a/O °2
❑ CASH; LOCH CK NO: 14 7415 3 TOTAL
BY: I _ f (i/ri 2
C
WHITE-CUSTOMER CANARY-FINANCE PINK-FILE
•
CHANGE OF ZONE (COZ) APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# /$ CASE#ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number El ® E 0 0 ❑2 - 0❑ 0.. 0 0
(12 digit number-found on Tax I.D.Information,obtainable at the Weld County Assessor's Office,or www.co.weid.co.us).
(Include all lots being included in the application area. If additional space is required,attach an additional sheet)
Legal Description Please see attached , Section_,Township_North,Range West
PropertyAddress(If Applicable) 9050 Hwy 392, Windsor , CO 80550
Existing Zone District: Ag Proposed Zone District: C-3 Total Acreage:8. 867 Proposed#/Lots 2
Average Lot Size: 5 . 94 Minimum Lot Size: 5. 91 Proposed Subdivision Name: n/a
FEE OWNER(S) OF THE PROPERTY(If additional space Is required,attach an additional sheet)
Name: CC Land LLC
Work Phone#_ 686-2575 Home Phone# Email Address
Address: 9050 Hwy 392
City/State/ZipCode Windsor , CO 80550
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: Edwin J . Chamberlain for CC Land LLC
Work Phone#, 686-2575 Home Phone# _ Email Address
Address: 9050 Hwy 392
City/State/ZipCode Windsor . CO 80550
UTILITIES: Water Town of Windsor
Sewer: Septic
Gas: Public Service Co of Colorado
Electric: Public Service Co of Colorado
Phone: Qwest Communications
DISTRICTS: School: Windsor
Fire: Town of Windsor
Post: Town of Windsor
I (We), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld
County Board of County Commissioners concerning the proposed Change of Zone for the following described
unincorporated area of Weld County, Colorado:
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee
owners of property must sig, thi ..p icati. . If an Authorized Agent signs, a letter of authorization from all fee
owners .e inclu•ed :'. e appli - on.If a corporation is the fee owner,notarized evidence must be included
in.' - ' g the -ig/o s the l - authority to sign for the corporation.
Ignatur=. • e .r Authorized Agent Date Signature: Owner or Authorized Agent Date
EXHIBIT -4-
I igN
2004-0085
Pickett Engineering,Inc.
Champion Chevrolet
PEI No.02-016
September 10,2002
Change of Zone Application
Legal Description
Lot B of Recorded Exemption No. 0807-22-2-RE 358, recorded December 22, 1978 in
Book 855 at Reception No. 1776628, being part of the Northwest Quarter of Section 22,
Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado.
Also known by street and number as 9050 Highway 392, Windsor, CO 80550.
r
SHERI Lockman-Champion Chevrolet Page 1
From: <jholman@Iflending.com>
To: <slockman@co.weld.co.us>, <pcarrigan@faegre.com>
Date: 11/24/03 11:41AM
Subject: Champion Chevrolet
Sherry,
Please revise the submittal for the Champion Chevrolet
Dealership near Windsor to reflect the following
changes: We no longer wish to change parcel B from its
current AG zoning to C-3, We only wish to change parcel
A, inclding the new area created by the recorded
exemption, from AG to C-3.
Thank You,
John Holman
Holman Development and Construction Co., LLC
970-566-9696
Pickett Engineering,Inc.
Champion Chevrolet
PEI No.02-016
Submitted September 4,2003
Responses to the
Department of Planning Services
CHANGE OF ZONE QUESTIONNAIRE
1. The proposed rezoning for said property is in accordance with Weld County Code
Chapter 22, Section 22-2-150, Goals 1 and 2. The proposed property will
encourage the expansion of the commercial economic base. The property is
adjacent to industrial, commercial, and open space zoned property. The adjacent
property to the east of said property is the only adjacent property zoned
agricultural. Because of the surrounding land uses, it appears that this rezoning
will fit with the changing conditions of the immediate area.
2. The proposed rezoning of said property will allow the existing property to the
north to expand its current facilities. The property directly to the south is used for
active railways; the property south of the railways is currently used for
commercial purposes. The property to the southwest is currently used for
commercial purposes, and to the west it is used for open space activities.
3. The property will utilize a septic system, to be designed by Laube Engineering,
LLC, for sewage disposal.
4. The Town of Windsor will provide adequate water, including fire protection.
(Please see attached letter).
5. The property does not have soil limitations for construction.
6. Highway 257 is adequate for providing access meeting the requirements of the
proposed zone district.
7. There are no mineral resources on or under this property.
8. The property is not located in a Flood Hazard Overlay District.
9. The property is not in a Geologic Hazard Overlay District.
10. The property is not located in the Airport (AP) Overlay District.
REZONING QUESTIONNAIRE
How is the proposed rezoning is consistent with tne policies of the Weld County Code, Chapter 22?
If tne proposed rezoning :s not consistent with the Comprehensive Plan, explain how the proposec
rezoning will correct what the applicant perceives as faulty zoning,or how the proposed rezoninc will
fit with what the applicant perceives as the changing conditions in the area.
2. How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses?
Include a description of existing land uses for all properties adjacent to the subject property.
3. Will the property use a septic system or public sewer facilities?
4. Who will provide adequate water, including fire protection, to the property?
5. Does the property have soils with moderate or severe limitations for construction?If yes,the applicant
shall submit information which demonstrates that the limitations can be overcome.
6. Is the road and/or highway facilities providing access to the property(ies) adequate to meet the
requirements of the proposed zone district? If not, the applicant shall supply information
demonstrating the willingness and financial capability to upgrade the road and highway facilities.
7. Is there a sand, gravel, or other mineral resource on or under the subject property? If so. the
applicant shall provide a mineral resource statement prepared by a certified geologist or otner
qualified expert. The statement shall indicate the estimated quantity of resources and the economic
feasibility of recovery, now and in the future, of the resource(s)so that the Planning Commission and
Board of County Commissioners can determine whether a commercial mineral deposit is contained
on or under the subject property(ies) as defined by Colorado Revised Statute.
8. Is the change of zone area located in a Flood Hazard Overlay District?
9. Is the change of zone area located in a Geologic Hazard Overlay District?
10. Is the change of zone area located in the AP (Airport) Overlay District?
5
3
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HUG-20-2003 WED 02:14 FM F & B FAX NO. 3034495426 F. 03 ICH ACICN WLEDGED,THE LAND AND THE RECEIPT AND S SUFFICIENCY
AGREE AS A FOL HEREBY
S
I. Preamble. The parties aclmowledge that the recitals set forth above are true and
correct, and those recitals are incorporated into the body of this Agreement,
2. Subject Real Property. CC Land warrants that it is the owner to fee simple of the
following parcels of real property, which are the subject of this agreement:
PARCEL. 1:
LOT A OF RECORDED EXEMPTION NO. 0807.22.2-RE 358,
RECORDED DECEMBER 22, 1978, IN BOOK 855 AT RECEPTION
NO- 1776628,BEING A PART OF THE NORTHWEST QUARTER OF
SECTION 22,TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE.6Th
P.M., COUNTY OF WELD, STATE OF COLORADO.
For purposes of this Agreement, the aforesaid seal
property shall be referred to as"Parcel 1."
PARCEL 2:
LOT B OF RECORDED EXEMPTION NO. 0807-22-2-RE 358,
RECORDED DECEMBER 22,2978, IN BOOK 85$ AT RECEPTION
NO. 1776628,BEINGA PART OF THE NORTHWEST QUARTER OF •
SECTION 22.TOWNSHIP 6 NORTH,RANGE 67 WEST OF THE 6Th
P.M., COUNTY OF WELD, STATE OP COLORADO,
For purposes of this Agreement, the aforesaid real
property shall be referred to as "Parcel2."
3. Enlargement of Existing Water Service to Parcel 1. CC Land shall be entitled
to enlarge its existing 3/4-inch water service to a 1-inch water service on Parcel 1. All costs
related to the expansion of this service, Including but not limited to all costs of connection, shall
be the sole responsibility of CC Land, Prior to connecting to the 1-inch service, CC Land shall
pay to the Town the then existing out-of-town plant investment fee for 1-inch water service, less
a credit fat, the then existing in-town plant investment fee for the 3/4-inch water service. For
informational purposes, the current out-of-town plant investment fee for Minch water service is
$19,440, and the current in-town plant investment fee for 3/4-inch water service is$6,000.
CC Land shall not be required to make any raw water dedication or cash-in-lieu payments to the
Town for the enlarged water service.
4. New 1-Inch Water Service for Parcel 2. Pursuant to the terms of this Agreement,
CC Land shall be entitled to a new 1-inch water service on Parcel 2. AB costs related to this
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•
AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of July
2003, by and between the TOWN OF WINDSOR, COLORADO, a statutory municipality,
hereinafter referred to as "the Town," and CC LAND, LLC, hereinafter referred to as "CC
Land."
WITNESSETH:
WHEREAS, CC Land is the owner of certain real property located at the intersection of
Colorado State Highways 257 and 392 in Weld County,Colorado,said property commonly known
as 9050 Highway 392, Windsor, Colorado 80550, and being more fully described in the body of
this Agreement; and
WHEREAS, the subject property is adjacent to the Town of Windsor and was annexed to
the Town on October 6, 1984, and was subsequently disconnected from the Town on
December 8, 1997; and
WHEREAS,by agreement-with CC Land,Champion Chevrolet currently operates a motor
vehicle dealership on the subject property; and
WHEREAS,the subject property is served by a three-fourth(3/4)-inch water service from
the Town of Windsor,pursuant to that certain Water Services Agreement between the Town and
Kennedy Chevrolet, Inc., dated January 12, 1998; and
WHEREAS, CC Land has petitioned the Town to expand the 3/4-inch water service to a
one (1)-inch service and has further petitioned for an additional one (1)-inch water service to
enable Champion Chevrolet to expand its existing automobile dealership; and
WHEREAS, on or about December 11, 2002, the Windsor Water and Sewer Board
recommended that CC Land's requests be granted subject to the conditions hereinafter set forth;
and
WHEREAS, by the terms of this Agreement, the parties desire to set forth their full
agreement with regard to the enlargement of the current water service, the granting of new water
service, and the specific conditions to be placed upon such services;
NOW,THEREFORE,IN CONSIDERATION OF THE FOREGOING RECITALS,THE
MUTUAL COVENANTS CONTAINED HEREIN, AND OTHER GOOD AND VALUABLE
Champion C cvrolet Ameemem 07,21-03/Infrown or Wind,or
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AUG-20-2003 WED 02: 14 FM F & 9 FAX NO. 3034495428 P. 04
service, including but not limited to all costs of connection, shall be the sole responsibility of
CC Land. At the time of connecting the I-inch service, CC Land shall pay to the Town the then
existing out-of-town plant investment fee for l-iach water service. Likewise, CC Land shall be
required to make such raw water dedication or cash-in-lieu payments to the Town for the water
service, in accordance with the rules and regulations of the Town enacted pursuant to the
provisions of the Windsor Municipal Code.
5. Sewer Connection. The parties acknowledge that the Town's East Side Sewer
Interceptor is capable of providing sewer service to Parcels 1 and 2. Upon the approval of any
development proposal for Parcel 2, CC Land shall, as a condition of continued water service to
Parcel 1 and new service to Parcel2 and at its sole expense, connect Parcels I and 2 to the Town's
East Side Sewer Interceptor, CC Land shall be required to pay all costs of connection to the
Town's East Side Sewer Interceptor, including but not limited to, out.of-town plant investment
fees. It is understood and agreed that upon connection to the Town's East Side Sewer Interceptor,
CC Land may be entitled to a reimbursement agreement under the provisions of the Windsor
Municipal Code for subsequent connections to the East Side Sewer Interceptor by adjacent
properties specially benefited by CC Land's construction of sewer lines necessary to connect
Parcels 1 and 2 to the Town's East Side Sewer Interceptor.
6. Additional Conditions of Continued Water Service. All water service that the
Town agrees to provide to CC Land pursuant to the provisions of this Agreement shall be
conditioned upon CC Land's continued compliance with the following specific conditions:
a. CC Land's payment of all costs and fees and meeting all raw water
dedication requirements as set forth in this Agreement;
b. CC Land's continued payment of monthly out-of-town water service and
sewer charges for all connections made pursuant to this Agreement;
c. The continuous use of parcel 1, and Parcel 2 upon development, for the
principal purpose of selling new or used motor vehicles; and
d. Upon the development and construction of improvements on Parcel 2, CC
Land shall comply with all requirements of the East Main Street Corridor
Plan for the Town of Windsor in effect at the time of the first development
proposal for Parcel 2.
Upon CC Land's failure to comply with any of the aforesaid conditions,the Town
ded to CC Ld under theof this tts sole discretion,greement and CCterminate Land shall l water forfeitall�costs andce rfeees paid prig the date provisions
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AUG-20-2003 WED 02; 15 FI1 F & B FAX NO. 3034485426 r. 11.16
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termination and shall likewise forfeit all raw water dedications or cash-in-lieu payments made prior
to the date of termination of this Agreement
7. Agreement to Annex. CC Land agrees that upon the occurrence of the first of the
following events, Parcels 1 and 2 shall forthwith be annexed to the Town:
a, The effective date of any use tax on motor vehicles adopted by the Town;
b. Cessation of the continuous use of Parcel I for the principal purpose of
selling new or used motor vehicles; or
c, After development of Parcel 2, the cessation of the continued use of that
parcel for the principal purpose of selling new or used motor vehicles; or
d. May 1, 2015.
Should it fail to act upon the provisions of this paragraph , CC Land rants to the
Town the right to act on its behalf in the preparation and filing of all necessary documents in
aph
shall not be onstruection with such d asXrelievingns, cCCmlandbut
of anyy obligatmited to,ion petitions pay any annex.
costs and feis es in
connection with said annexations. Likewise, nothing in this paragraph shall be construed as
preventing or otherwise limiting the rights of the Town to annex Parcels 1 and 2 upon such parcels
becoming an enclave, in accordance with the powers granted to the Town for the annexation of
enclaves by the laws of the State of Colorado.
8. Entire Agreement of the Parties. The recitals contained herein represent the
entire agreement of the parties and shall be binding upon the parties hereto and their successors.
9. Assignment. This Agreement shall not be assigned by either party without the
written consent of the other.
10. Amendments and Modifications. Any amendments or modifications to this
Agreement must be approved by both parties ur writing.
11. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
12, Waiver. A waiver by either party of a breach of any of the provisions of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent breath of the
same or another provision of this Agreement.
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AUG-20-2003 WED 02-;5 PM F & B FAX N0, 3034495426 P. 06
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13. severabiilty: If any part,term, or provision of this Agreement is heid by the courts
to be illegal or otherwise unenforceable, such illegality or unenforceability shall not affect the
validity of any other part, term, or provision, and the rights of the parties shall be construed as
if the part, term or provision was never part of this Agreement.
14. Recordadon and Binding Effect. This Agreement shall be deemed to with
the land and upon its execution by the parties may be recorded by either party with
d
County Clerk and Recorder and shall be binding on the patties hereto,their heirs,successors, and
assigns.
IN WITNESS WHEREOF,the parties hereto have signed this Agreement the day and year
first above written.
TOWN OF WINDSOR, COLORADO
Bye///Itg
Wayne _..`. .fay
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• To le 4t . SEAL
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CC LAND, '‘t�.FCa' '
By
E. John Chamberlain, Manager
APPROVED AS TO FORM AND CONTENT:
Roderick L. Wensing
Town Administrator, Town of Windsor Name and Title]
P. Frey • . Reio in
Town Atto , y,To v of Windsor Attorney for CC Land, LW
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AUG-20-2003 WED 02: 15 ? F & B FAX NO, 3034495426 F. U7
TOWN OF WINDSOR.
RESOLUTION NO. 2003- 56
TER
RAND CONDITIONS OF AN AA AGREEMENT BETWEEN THE TOWN OF CONFIRMING WIND OR AND
CC LAND, LLC,
IT 15 HEREBY RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
WINDSOR, COLORADO, AS FOLLOWS:
1, That the Town of Windsor hereby ratifies, approves and confirms3theec�een the
nd
• conditions of the Agreement dated the nth day of
July ,Town of Windsor and CC Land, LLC,a copy of which is attached hereto and made a part hereof,
2, That the Town of Windsor hereby authorizes the Mayor of the Town to execute said
Agreement on behalf of the Town.
Upon motion duly made, seconded and carried,the foregoing'Resolutioa was adopted this
Zech day of July2003. •
TOWN OF WINDSOR, COLORADO
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07/29/2003 14: 07 356-648 , PICKETT ENGINEE} NG PAGE 02
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• JUL-09.2003 ''AEC F 1 i F 3 B FAX NO. 3034495426 P, 02
PAGE 02/05
07/09/299.', ;70:43=218
AGREEMENT
THIS AGREEMENT is made and entered into this day of
2003, by and between the TOWN OF WINDSOR, COLORADO. a statutory municipality.
hereinafter referreI to as "the Town." and CC LAND, LLC, hereinafter referred to es 'CC
Land."
WITNESSETH:
WHEREAS. CC Land is the owner of wain rat property located at the intersection of
Colorado State Highways 257 and 392 la Weld County.Colorado.said ppeetty conunoaiy blown
as 9050 Highway 392,Windsor, Colorado 80550, and being more fully described in the body of
this Agreement, and
WHEREAS.the subject property la adjacent to the Town of Windsor and was annexed to
the Town on October 8, 1984, and was subsequently disconnected from the Town on
December 8, 1997; and
WHEREAS,by agreement with CC Land.Champion Chevrolet currently operate a mater
vehicle dealerFhip on the subject property; sod
WHEREAS.the subject property is saved by a tucc torah(310-inch water Service Pram
the Town of Windsor. pmsoeut to that certain Water Services Agrtemetd between the Town and
Kennedy Chevrolet,Inc.. dated January 12, 1998;and '
WHEREAS. CC Land hat petitioned the Town to expand the 314-inch water service to a
one (1)-inch service and has further petitioned for an additional one(1)-inch wan Service to
enable Champion Chevrolet to expand its existing aatomSobiidealership;
WHEREAS, on or about December 11, 2002, the Windsor Water and Sewer Board
recommended that CC Land's requests be granted subject to the conditions hereinafter set forth;
and
WHEREAS, by the teems of this Agreement, the panics desire to set forth their full
agreement with regard to the alargemem of the correct wags service,the granting of new water
service, and he speeds conditions to be placed upon such services;
NOW.THEREFORE,IN CONSIDERATION OF THE FOREGOING RECITALS,THE
MUTUAL COVENANTS CONTAINED HEREIN.AND OTHER GOOD AND VALUABLE
CONSIDERATION. THE RECEIPT AN D SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWT.-EDCGED, CC LAND AND THE TOWN HEREBY AGREE AS FOLLOWS:
1. Preamble. The parties acknowledge that the recitals sat forth above are true and
correct, and those recitals ate Incorporated into the body of this Agreetaata.
o ncke Chevrolet Anntmat 07.07.oV19F/Ibw,if Wirier
07/29/2003 14:07 356-6486,.,- PICKETT ENGINEER4NG PAGE 03
Jul. 22 03 11 : 10,5 John Holman 970-68S-7308 p •
JUL-09-2003 ilED 32. 14 't1 F & B FAX NO. 3334495426 P. 03
PAGE 03/05
07/09/'-003 12; '1 17049301e OOP
Z. Subject Real Property. CC Land warraaa that it is the owner ht fee simple of the
following parcels of real property, which are the subject of this agreement
PARCEL 1
LOT A OF RECORDED EXEMPTION NO. 0807.22-2-RE 35$.
RECORDED DECEMBER22,1978.IN 855 AT RECEPTION
N�11776628 BEINGA?ART ®OFTHENOR g NORTHWEST
SECTION 22,TOWNSHIP NORTH,RANGE 67 WEST OF THE el
P M., COUNTY OF WELD,STATE OF COLORADO.
For purpose of this Agreement, the aforesaid real
property shall be referred met'Parcel 1-"
PARCEL 2:
LOT B OF RECORDED EXEMPTION NO. 01107-22-2-RE 33s,
RECORDED DECEMBER 22,2978,14 BOOK$55 AT RECEPTION
NO.1776628.BEING A PARTOF THE NORTHWEST QUARTER OF
SECTION 22,TOWNSHIP 6NORTH,RANOE67 WEST OF THE 6r"
P.M., COUNTY OF WELD, STA'T'E OF COLORADO.
For purposes of this AgreemeDi, the afore said real
property atoll be referred toes'Parcel 2.w
3. Enla rgemmt of Existing Water Sonia to Pared 1. CC Land shall be entitled
to enlarge its existing 314-inch water service to a 1-inch water service on Parcel 1. All costs
related to the expansion of this service, including but not limited to all costs of contsection„shall
be the sole responsibility of CC Land. Prior to connecting to the 1-inch service, CC [.end shall
pay to the Tor the that ettisdng out-of-town plant investment fee for 1-ineb water service, Is
a credit for the then existing in-town plant investment fee for the 3/ninth water service. For
informational purposes, the current out-of-town plant investment fee for 1-inch water service is
519,440,and the current in-town plant investment fee for 314-inch water service is$6,000.
CC Land shall not be required to maim any raw water dedication or call-in-lieu payments to the
Town for the enlarged water service_
4 New 1-Inch Water Service for Panel 2. Pursue*to the rums of this Agreement.
CC Land stall be eatitkd to a new 1-inch water service on Parcel 2. All costs related to this
service, including but not limited to all costs of connection, shall be the sole responsibility of
CC Land. At the time of connecting the 1-inch service,CC Land;ball pay to the Town the then
existing out-or-town plant investment fee for 1-inch water service. Likewise,CC Land hell be
required to make such raw water dedication or cash-in-lieu payments to the Town for the water
service, in accordance with the rules and regulations of the Town enacted pursuant to the
provisions of t'te Windsor Municipal Code.
S Sewer Connection_ The parties actmowledgo that the Town's East Side Sewer
Interceptor is capable of providing sewer service to Parcels 1 and 2. Upon the approval of any
2 Ctionplcan eaevrato Agnew 01474PAPF/Tevon et WMdw
r
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development proposal for Parcel 2. CC Liind stall,as a condition of continued water service to
Parcel I and new service to Parcel and at i a solo expense;connect Parcels 1 and 2 to the Town's
East Side Sewer interceptor. CC Lind shall be required to pay all costs of connection to the
Town's East Side Sewer Interceptor. Including but not limited to,out-of--town plant investment
fees. It is understood and agreed St upon connectiotto th*Town's East Side Sewn Intaceptor.
CC Land may be entitled to a reimbursement agreement,under the provisions of the Windsor
Mumictpa; Code for subsequent connections to the Pau Side Sewer Interceptor by adjacent
propenies specially benefited by CC Land's eotoauctioo of sewer lines is cessary to connect
Parcels I and 2 to the Town's East Side Sewer futetreeplor.
6. Additional Cold Wene of Continued Water Service. All water service that the
Town agree to provide to CC Lard par$unm to the provisions of this Agreemem shall be
conditioned u;rn CC Land's continued compliance with the following specific conditions:
CC Land's payment of all costs and fees and meeting all raw water
dedication requirements as set forth in this Agreement;
- CC Lard's continued payment of monthly oat-o!town water service and
sewer charges for all connection'made pursuant to this Agreement:
The continuous use of Parcel 1, and Parcel 2 upon develop meat, for the
principal ptmposesof selling,leasing,repairing and mamtahtlag new or used
motor vehicles; and
r Upon the development and construction of improvements on Parcel 2, CC
Land shall comply with all requirements of the East Main Street Corridor
Plan for the Town of Windsor in effect st the time of the first development
proposal for Parcel 2.
Upon CC Land's failure to comply with any of the aforesaid conditions,the Tows
may, i•t its sole discretion, terminate ail water service afforded to CC Lath ender the provisions
of this Agreement, and CC Land shall forfeit all toad and fees paid prior to the date of
temnivation and shall likewise forfeit all raw water dedicatiout or each ia-lteupayments made prior
to the date of termination of this Agreement
7. Agreement to Anne. CC Land agrees that upon the occurrence of the first of
the fallowing events. Parcels I and 2 shall forthwith be annexed to the Town:
'The effective date of any use tax on motor vehicles adopted by the Town;
b Cessation of the continuous use of Pared I for the principal purpose of
telling new or used motot vehicles; or
3 Cansiae Cw•rolet Nrmmcm atm.wars1n...et wne,or
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After developawtt of Parcel 2. of h setae's en of the or used
im coed use thar vehicles; t
parcel for the principal purpose
7 May 1,2015.
Sboald it fail to act upon the peovisioan of this paragraph,CC led prints to the
Town the right to a t on its behalf ie the preparation and Stag of all exasery documents in
connection with such en:wee errs, including but not limited to,petitions to annex.This paragraph
shall not be construed as relieving CC Land of any obligation to pay arty coats and his in
connection with said annexations. Likewise, nothing in this paragraph shall be construed as
preventing or otherwise limiting the rights of the Town to annex Parade 1 end upon such parcels
becoming an enclave. in accordance with the powers grinned to the Town for the annexation of
enclaves by die laws of the Sate of Colorado.
8 Entire Agreement of the Patties.Toe recitals cona lnedhereinrepresentteentire
agreement of the parties and shall be binding upon ate parties here and their sucusstns.
9. Assignment. This Agreement shall net be assigned by either party without the
written consent of the other.
10. Amendments and Modifications. Any amendments or modifications to this
Agreement meat be approved by both parties in writing.
11. Applicable Law_ Tbis Agreement shall be governed by and construed in
accordance W;re the laws of the State of Colorado.
12. Waiver. A waiver by either party of a brach of wry of the provisions of this
Agreement shall not constitute a contiauiig waiver or a waiver of say subsequent breach of the
saute or another provision of this Agree nenr.
13. Sew-ability: If any pan,tat or provision Oita Agreement is held by the cairns
to be illegal or otherwise unenforceable, such illegality or unentorceabtltty shall not affect the
validity of any other part, tare,or provision,sad the siebte of the parties shall be construed as if
the part, term or provision was never part of this Agreement.
14. Retardate and Binding affect. This Apeeemt shall be downed to tttti with
the land and upon Its execution by the parties may be recorded by either party with the Weld
Coutuy Clerk and Recorder and shall be binding on the parks hereto,their heirs,successors,and
assigrs
4 omens.Carole Atreet atat.a7GIPV/Tovn$WYdass
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• 1UN-24-2003 T_i'T '2P 4E PM F & 9 FAX NO. 3034495426 P. 06
Ma.r-22-o3 ]C !CiTA Holman DaYSinppmmoont 970686730 P.06
��-i+-'cute. rRi w•x rrt 1Vwry tN Ntle]JUK FAX NI 9706867180 P. 05
e3/12/2BB3 16.33 5754531'214 P444 /AGE aro If
validity of an7 Ott Pace, !,orpwavWoo.and the fiats of the partici Sill be mortal a
It the pen, term or provision was anti put of this Apulia.
14. Recordation and NSW Met. This A,btterm0t that be deemed I.tae with
the !mid and upon its elocution by The pantos may be recanted by Ma patty with the Weld
Cowry Cleft arnd Recorder and*ball be balding On RIR Dann bas.choirinln,aeccaaen•and
assigns
tNwrYNESSWHERBDP.S.pudasbaraea nave Blind WsAgvna SOS adyea*
fuss above %Son.
TOWN OF WINDSOR, COLORADO
Sy
W. Wayaa MOW,Mayor
ATTE.5t
,.•. To.ro CL-its,
CC LAND.t.iC
•
Ibt
E.Juba Caemletlua,Maur
APPROVED AS TO FORM AND COWTbth
Roderick L. Wessbng
Town Adntieisaaaet.Town of Windsor
tWsweadMid
APPROVED AS TO FORM;
Jobs P. Fray Newt
Tow n A petuey. Iowa of Windsor ARUM for CC Lod LLC
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