HomeMy WebLinkAbout20043478.tiff ib• •` ._ -.,, City of Fort Lupton, 4
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(303)857-6694 x 125
Tom Parko,MA,City Planner Fax(303 857-0351
130 S.McKinley Avenue e-mail:planner@hii.net
Fort Lupton,Colorado 80621 http://www.fortlupton.org
December 7, 2004
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 "Lupton Lakes
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 January 11, 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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2004-3478
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.
Res ctfull sub I, .,
Tom Perko, ty PI nner
City of Fort Lupton
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Attachment B
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City of Fort Lupton p °-Q �j
130 S. McKinley Avenue, P.O. Box 148
Fort Lupton, Colorado 80621 tatOUN
303.857.6694 303-857-0351(Fax)
LUPTON LAKES
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2005, by and
between SW TKO Joint Venture, LLC, 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.
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
$2.640.00.
4. Timeline. Fort Lupton shall act upon the annexation petition following a public
hearing on January 11th, 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 Industrial purposes. Owner has submitted a request to zone the property A
(Agriculture) and the City will act upon this request following a public hearing on
January 11th, 2004. 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.
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.
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.
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.
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 , 2004.
Witness my hand and official seal.
My commission expires on:
Notary Public
Attachment C
The City of Fort Lupton does not anticipate providing water and sewer service to the
property in the immediate future. The development does not require City services for the
purposes of mining. However, after the anticipated close of mining operations, and as
the property enters into reclamation, these services may be looked at.
Attachment D
When City Services are requested, i.e. water and sewer the owner(s) or any future
owner(s) will be required to pay for the costs of the improvements unless otherwise
stated in a contractual agreement between the City and Owner(s).
Attachment E
The two special districts in the Fort Lupton/Weld County Area that are within the area to
be annexed are Weld County School District RE-8 and the Fort Lupton Fire Protection
District.
The applicant has been made aware that they need to contact the aforementioned
special districts. Both districts were notified via referrals per the City's Municipal Code.
The applicant was asked to obtain a letter from the School District indicating that the
proposed annexation and development will not have an impact to the system. If you
would like a copy of the school's statement please call the City.
Attachment F
The applicant is required to contact the Weld County School District RE-8 to obtain a
statement of no impact. If the County would like to request a copy of this letter please
call the City. It is anticipated that this development will have no impact on the school
district since no residential or commercial components are proposed.
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