HomeMy WebLinkAbout20042486.tiff COU Pr
NOTICE OF PUBLIC HEARING
ANNEXATION REQUEST LA nt o 16 AN 9: 50
NOTICE is hereby given, pursuant to the Colorado State StatuteCtfrafyr Cgnnpil of the
City of Evans will hold a Public Hearing on the 7th day of September, 2004 at 7:30 F.M., held at
the City Hall Council Chambers, 1100 37th Street, Evans, CO, at which time and place it will
consider and act upon a petition for annexation to the City of Evans for the following property
referred to as the Stonegate Industrial Park Annexation and described as:
A portion of Lot B of Recorded Exemption 0961-30-3-RE288, and Lot 1 of the
northeast quarter of the southwest quarter of Section 30 according to the plat
of subdivision of lands by the St. Louis Western Colony, located in Section
30, Township 5 North, Range 65 West of the 6th Principal Meridian, County of
Weld, State of Colorado, being more particularly described as follows:
Considering the north line of the southwest quarter of said Section 30 as
bearing North 90°00' 00" East with all bearings contained herein related
thereto;
Commencing at the center quarter corner of said Section 30; thence South
00°52 ' 17" East along the east line of the southwest quarter of Section 30 a
distance of 30 . 00 feet to the south right-of-way line of 42nd Street; thence
North 90°00' 00" West along the south right-of-way line of 42nd Street a
distance of 30.16 feet to the northwest corner of the Platte River Annexation
to the City of Evans, the Point of Beginning; thence South 00°08 '55" East
along the west line of the Platte River Annexation a distance of 639.83 feet
to the south line of said Lot 1 and the north line of Archer Park Annexation
to the City of Evans; thence along the north line of Archer Park Annexation
the following eleven (11) courses: North 89°50 '50" West a distance of 149.75
feet; South 62°19'56" West a distance of 221. 89 feet; South 60°58 '53" West a
distance of 125.25 feet; southwest along a curve to the right having a radius
of 275.00 feet, a central angle of 20°42 '20", and an arc length of 99.38 feet,
the chord of said arc bears South 71°20 ' 03" West a distance of 98 .84 feet;
southwest along a curve to the left having a radius of 325 .00 feet, a central
angle of 31°03 '37" , and an arc length of 176.18 feet, the chord of said arc
bears South 66°09 '24" West a distance of 174 .03 feet; South 50°37 ' 36" West a
distance of 112 .64 feet; southwest along a curve to the left having a radius
of 375.00 feet, a central angle of 28°36 '45", and an arc length of 187 .27
feet, the chord of said arc bears South 49°30 '45" West a distance of 185.33
feet; South 45°18 '38" West a distance of 428.75 feet; southwest along a curve
to the right having a radius of 130 . 00 feet, a central angle of 38°12 ' 22" , and
an arc length of 86. 69 feet, the chord of said arc bears South 64°24 '46" West
a distance of 85.09 feet; northwest along a curve to the right having a radius
of 350.00 feet, a central angle of 38°53 '46", and an arc length of 237.60
feet, the chord of said arc bears North 77°02 ' 08" West a distance of 233 .07
feet; North 57°35 ' 14" West a distance of 66 .56 feet to the west line of Lot 1
of the southwest quarter of the southwest quarter of Section 30; thence North
00°39'37" West along the west line of Lot 1 and the west line of Lot 8 of the
northwest quarter of the southwest quarter of Section 30 a distance of 711 . 81
feet to the northwest corner of Lot 8; thence South 89°50 '50" East along the
north line of Lot 8 a distance of 326.75 feet to the southwest corner of Lot 4
of the northeast quarter of the southwest quarter of Section 30; thence North
00°42 '30" West along the west line of Lot 4 a distance of 636.46 feet to the
south right-of-way line of 42nd Street; thence North 90°00 ' 00" East along the
south right-of-way line of 42nd Street a distance of 465 .63 feet to the
northwest corner of Lot A, of Recorded Exemption 0961-30-3-RE288; thence South
08°23 '10" West along the west line of Lot A a distance of 588.26 feet to the
southwest corner of Lot A; thence South 83°49'35" East along the south line of
/off e e . ` can) -se> 1°L
2004-2486
Lot A a distance of 286.25 feet to the southeast corner of Lot A; thence North
08°10 '25" East along the east line of Lot A a distance of 619.05 feet to the
northeast corner of Lot A and the south right-of-way line of 42nd Street;
thence North 90°00 ' 00" East along the south right-of-way line of 42nd Street a
distance of 536.74 feet to the Point of Beginning, containing 29.31 acres more
or less and subject to all easements and rights-of-way on record or existing.
Vicinity: Southwest corner of 17th Avenue &42nd Street.
All persons being interested in this matter may be present and heard.
Kim Betz
City Clerk
City of Evans
To be published in the Greeley Tribune on August 7, 14, 21, and 28.
A L3 2 - 2capt.
The City of
CITY OF EVANS
COLORADO
1100 37TH STREET
EVANS, COLORADO 80620
(970) 475-1112
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition
for City Council of the City of Evans, Colorado, for annexation to the City of Evans the
unincorporated territory more particularly described below, to be know as S-r main ANNfYAT10W,
and in support of said Petition, your petitioners allege that:
1) It is desirable and necessary that the following described territory be annexed to
the City of Evans;
TeF6Q 7 &xn,BIT "A '' RTTitcNED
2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Evans, Colorado;
3) A community of interest exists between the territory proposed to be annexed and
the City of Evans, Colorado;
4) The territory proposed to be annexed is urban or will be urbanized in the near
future;
5) The territory proposed to be annexed is integrated or is capable of being integrated
with the City of Evans, Colorado;
6) The signatures of the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and
said landowners attesting to the facts and agreeing to the conditions herein
contained will negate the necessity of any annexation election;
7) No land held in identical ownership, whether consisting of one tract to parcel of
real estate or two or more contiguous tracts or parcels of real estate:
a) Is divided into separate parts or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels are
separated by a separate dedicated street, road or other public way;
b) Comprising twenty (20) acres or more and which, together with the
Petition for Annexation
Page 2
buildings and improvements situated thereon has an assesses value in excess of
Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the
year proceeding the annexation, is included within the territory proposed to be
annexed without the written consent of the landowner or landowners.
8) No part of the area proposed to be annexed is more than three miles from a point
on the municipal boundary, as such was established more than one year before this
annexation will take place;
9) The area proposed to be annexed comprises (Check One):
More than ten acres and the Board of County Commissioners of Weld County
has agreed to waive the requirement of an impact report as provided for in section 31-12-
108.5, C.R.S., as amended.
X X More than ten acres and an impact report as provided for in section 31-12-
108.5, C.R.S., as amended, is required.
Ten acres or fewer and an impact report as provided for in section 31-12-108.5,
C.R.S., as amended, is not required.
10) The area proposed to be annexed is located within Weld County, and the
following special districts: ir0430 4- 7z'0451
Water Districts C.C.S CC Lo)+C.WC /VC LO
Sanitation District n /4
Fire District LAS fiLLE F%RE-
School District # (o
Recreation District NA
Library District WELD Ls,t a.
Ambulance District MA
Jr. College District Aims JuNIoR L..oLLe(oE
Other WELD CDUNT1
-*' Lot B ONLY I
11) The mailing address of each signer, the legal description of the land owned by
each signed and the date of signing of each signature are all shown on this
Petition;
12) Accompany this Petition are four (4)prints of the annexation map containing the
following information:
a) A written legal description of the boundaries of the area proposed to be
annexed;
b) A map showing the boundary of the area proposed to be annexed;
Petition for Annexation
Page 3
c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be platted, then
the boundaries and the plat number of plots or of lots and blocks are shown;
d) Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the City of Evans, and the contiguous boundary of any
other municipality abutting the area proposed to be annexed;
e) The dimensions of the contiguous boundaries are shown on the map.
13) The territory to be annexed is not presently a part of any incorporated city, city
and county, or town;
14) The undersigned agree to the following, which shall be covenants running with
the land, and which shall, at the option of the City, appear on the annexation map;
15) Petitioner represents that:
a) Water rights shall be provided pursuant to City Ordinance;
b) The owners shall participate in providing drainage plans and improvement and
payment of a unit drainage fee as may be required by the City for the area;
c) The undersigned hereby waives any and all "vested rights" previously created
pursuant to Section 24-68-103, CRS, as amended;
d) The undersigned and the City may enter into a Pre-Annexation Agreement prior
to the effective date of this annexation, which agreement shall be additional
conditions as effectively as if set forth in this Petition; and
Check One:
)(,( No part of the property to be annexed is included within any site specific
development plan approved by weld County, Colorado.
A site specific development plan has been approved by Weld County, Colorado,
which has created a vested right.
16) The petitioner understands he will be responsible for costs incurred by the City of
Evans such as, but not limited to, advertising and recording fees, attorney fees,
and other professional costs incurred by the city.
Petition for Annexation
Page 4
PETITION FOR ANNEXATION
Executed this i`l41` Day/ / •.
of 3-uil , 20 0 V .
r i i tau /' a".�i(v 6 s �N•
Property Owner Row. 11Nori. Property Owner,
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Cr 4/ Pa CPO l 3 S° \
Address Address
The foregoing instrument was acknowledged before me this 4-/-k day�.,''•p 3A4g ...
86 4%. S
5u,( , A.D. 20 Ot-( • ye
L_ Q. .y
Witness my hand and official seal. My commission expires ►� 023 �Gr4(? ?iii, --01"--
�f� PUBOCI •�•
Notary Pu is 6;24-tai-e2 1,"---- :sJ ,•
caner .U. Bola Property O GeoRg W.b E 2RWG
Address Address
T e foregoi g instrument was acknowledged before me this 619- day of
, A.D. 20 pill .
Witness my hand and official seal. My commission expires 11 O c as ------,N.,
=NpMILTc %t
Notary Public Mbk) ' •(P R Y •,.•.
111
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Received Signed
/&EFf/2 TO R16/-41- -TO W/T-fORMA) -RE QIAEST /N /1/QNFXATlon1
a Gteee Al ENT.
CITY OF EVANS, COLORADO
RESOLUTION NO. 58-2004
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS FOR STONEGATE INDUSTRIAL PARK
ANNEXATION
WHEREAS. a written petition, together with four prints of an annexation map,was hereto
filed with the City Clerk requesting the annexation of certain property to be known as the Stonegate
Industrial Park Annexation,County of Weld, State of Colorado,more particularly described in the in
the attached Exhibit A.
WHEREAS,the City Council desires to initiate annexation proceedings in accordance with
the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
Section I. That the City Council hereby accepts said annexation petition, finds and
determines that the annexation petition and accompanying map are in substantial compliance with
CRS 31-12-107, and desires to initiate annexation proceedings in accordance with the law.
Section 2. The City Council shall hold a hearing to determine if the proposed annexation
complies with CRS 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, CRS. A hearing shall be
held on the 7th day of September, 2004, in the City Council Chambers of the City of Evans, 1100
37th Street, Evans, Colorado, at 7:30 p.m.
Section 3. The City Clerk shall publish notice of such hearing once per week for four
successive weeks in the Greeley Tribune, with the first publication at least thirty(30)days prior to
the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for
annexation to the Clerk of the Board of County Commissioners, the County Attorney, and to any
Special District or School District within the area proposed to be annexed.
Section 4. This Resolution shall be in full force and effect upon its passage and adoption.
PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Evans on this 3r° day of August, 2004.
ATTEST: A ••... CITY OF EVANS, COLO O
EAL ? By: ogaked4 pha
City Clerk Mayor
EXHIBIT "A"
DESCRIPTION - STONEGATE INDUSTRIAL PARK ANNEXATION
A portion of Lot B of Recorded Exemption 0961-30-3-RE288, and Lot 1 of the
northeast quarter of the southwest quarter of Section 30 according to the plat
of subdivision of lands by the St. Louis Western Colony, located in Section
30, Township 5 North, Range 65 West of the 6th Principal Meridian, County of
Weld, State of Colorado, being more particularly described as follows:
Considering the north line of the southwest quarter of said Section 30 as
bearing North 90°00'00" East with all bearings contained herein related
thereto;
Commencing at the center quarter corner of said Section 30; thence South
00°52'17" East along the east line of the southwest quarter of Section 30 a
distance of 30.00 feet to the south right-of-way line of 42nd Street; thence
North 90°00'00" West along the south right-of-way line of 42nd Street a
distance of 30. 16 feet to the northwest corner of the Platte River Annexation
to the City of Evans, the Point of Beginning; thence South 00°08'55" East
along the west line of the Platte River Annexation a distance of 639.83 feet
to the south line of said Lot 1 and the north line of Archer Park Annexation
to the City of Evans; thence along the north line of Archer Park Annexation
the following eleven (11) courses: North 89°50'50" West a distance of 149.75
feet; South 62°19'56" West a distance of 221.89 feet; South 60°58 '53" West a
distance of 125.25 feet; southwest along a curve to the right having a radius
of 275.00 feet, a central angle of 20°42'20", and an arc length of 99.38 feet,
the chord of said arc bears South 71°20'03" West a distance of 98.84 feet;
southwest along a curve to the left having a radius of 325.00 feet, a central
angle of 31°03' 37", and an arc length of 176. 18 feet, the chord of said arc
bears South 66°09' 24" West a distance of 174 .03 feet; South 50°37'36" West a
distance of 112 . 64 feet; southwest along a curve to the left having a radius
of 375.00 feet, a central angle of 28°36'45", and an arc length of 187.27
feet, the chord of said arc bears South 49°30'45" West a distance of 185.33
feet; South 45°18 '38" West a distance of 428.75 feet; southwest along a curve
to the right having a radius of 130.00 feet, a central angle of 38°12'22", and
an arc length of 86. 69 feet, the chord of said arc bears South 64°24 '46" West
a distance of 85.09 feet; northwest along a curve to the right having a radius
of 350.00 feet, a central angle of 38°53'46", and an arc length of 237.60
feet, the chord of said arc bears North 77°02'08" West a distance of 233.07
feet; North 57°35' 14" West a distance of 66.56 feet to the west line of Lot 1
of the southwes= quarter of the southwest quarter of Section 30; thence North
00°39'37" West along the west line of Lot 1 and the west line of Lot 8 of the
northwest quarter of the southwest quarter of Section 30 a distance of 711.81
feet to the northwest corner of Lot 8; thence South 89°50' 50" East along the
north line of Lot 8 a distance of 326.75 feet to the southwest corner of Lot 4
of the northeast quarter of the southwest quarter of Section 30; thence North
00°42 '30" West along the west line of Lot 4 a distance of 636.46 feet to the
south right-of-way line of 42nd Street; thence North 90°00'00" East along the
south right-of-way line of 42nd Street a distance of 465. 63 feet to the
northwest corner of Lot A, of Recorded Exemption 0961-30-3-RE288; thence South
08°23'10" West along the west line of Lot A a distance of 588.26 feet to the
southwest corner of Lot A; thence South 83°49'35" East along the south line of
Lot A a distance of 286.25 feet to the southeast corner of Lot A; thence North
08°10'25" East along the east line of Lot A a distance of 619. 05 feet to the
northeast corner of Lot A and the south right-of-way line of 42nd Street;
thence North 90°00'00" East along the south right-of-way line of 42nd Street a
distance of 536.74 feet to the Point of Beginning, containing 29.31 acres more
or less and subject to all easements and rights-of-way on record or existing.
1 Exhibit A—Reso. 58-2004
STONEGATE INDUSTRIAL PARK ANNEXATION
IMPACT REPORT
August 10, 2004
The City of Evans has received a request from Roger Knoph, R. V. Borchert, and George W.
Doering, property owners, to annex approximately 29.31 acres to the City of Evans. The proposed
Stonegate Industrial Park Annexation is located south of 42nd Street and west of 17th Avenue.
Please refer to the attached vicinity map, Exhibit A.
This report is provided as required by Colorado Revised Statutes Section 31-12-108.5, as
amended, and contains information on the impact the proposed development may have on the
current infrastructure and financial condition to the City of Evans.
Section 1 -Maps and Utilities
Enclosed as Exhibit B is an annexation map showing the existing Evans city limits and the
proposed Stonegate Industrial Park Annexation.
The City of Evans' water and sewer utilities are represented in Exhibit C. Other utilities are not
depicted on this map,but may be extended into easements upon subdividing or dedication by the
property owner.
The City's transportation plan identifies 42nd Street as a major arterial. The plan identifies the
need for additional right-of-way for 42nd Street improvements, and the developer will be required
to construct a sidewalk along the south side of 42nd Street along the property. It is the City's
intent to pursue funding and construction of the 42nd Street improvements as soon as possible,
with likely implementation within the next year.
Section 2 - Pre-Annexation Agreement
The property owners request a pre-annexation agreement for this annexation. A draft copy of this
agreement is attached as Exhibit D.
Section 3 - Providing Municipal Services/Infrastructure Improvements
A conceptual plan has been submitted for the subject parcel. The property owner has indicated
that the property is intended for light and medium industrial development to ensure compatibility
with the surrounding areas. The current county zoning is agricultural.
There is an existing water main in 42nd Street,just west of 17th Avenue. Because of the close
proximity of the Evans Ditch, non-potable irrigation will be required. The City is requesting the
property owner dedicate the Evans Ditch easement to the City as right-of-way. It is the
developer's responsibility to extend adequate water services for fire protection and potable water
needs. Please refer to Exhibit C representing the vicinity of water service.
1
There is an existing sewer main in 42nd Street,just west of 17th Avenue. Extension of all sewer
mains will be the responsibility of the developer. Please refer to Exhibit C representing the
vicinity of sewer service.
Storm drainage, streets, sidewalks, and all similar infrastructure will be the responsibility of the
developer. The City of Evans staff will review proposed plans related to these items to ensure
safe, adequate facilities and improvements are installed in accordance with the City of Evans
regulations.
The City intends to provide police services to the property by utilizing the present police
capability, which can provide adequate protection for the proposed annexation.
Fire protection will be provided by the City of Evans Fire Department utilizing the existing
facilities and equipment. The fire department will review development proposals for safety
standards and assist the property owner with petitioning out of their current fire district. Evans'
Fire & Rescue will be able to provide adequate fire and rescue services to the proposed annexation
from the City of Evans Fire Station No. 2.
Setbacks from any oil and gas well heads, tank batteries, separators and related appurtenances on
this property must comply with current City of Evans regulations.
Section 4 - Financing Extension of Municipal Services
All of the services provided by the City will be financed through existing sources of revenue, and
include revenues from property, sales and franchise taxes, water, sewer, drainage, and sanitation
fees.
Section 5 -Existing Taxing Districts
Along with the City of Evans, the following districts are included in this annexation and have been
notified as per C.R.S. §31-12-108.
Weld County- Board of County Commissioners, Attorney, and Planning
School District#6
Northern Colorado Water Conservancy District, Central Colorado Sub-District
Central Weld County Water District
LaSalle Fire District
Aims Community College
Weld County Library
Section 6 - Local Public School District Impact
No new residential development is proposed or would be allowed under the requested industrial
zoning. As stated in Section 5, School District#6 has been notified of the annexation petitions.
2
Exhibits
Exhibit A—Vicinity Map
Exhibit B—Annexation Maps/Legal Descriptions
Exhibit C—Utilities
Exhibit D—Pre-Annexation Agreement
3
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Legend Exhibit A: Vicinity Maplit
t i er City Limits Stonegate
1
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Project Site COL ORADO
Industrial Park
Public Works Department
Annexation
STONEGATE ANNEXATION I UJ AND
OWNER'S DEDICATION D APPROVAL 1)
7 Know all men by them presents that R.V.thwart.George W.Doering,and Roger T%noFM,being the oenen of the 151041g property n
• TO THE CITY OF EVANS Z b the County of Weld.Stole of casq a a bl
ows:.
lows:
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 5 NORTH, RANGE '• > A peaky'of lot B of Receded Exemption 0961-3o-3-RE2e6,and Lett of the northeast quarter of the sconhiert quests of Section m
65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. Q i �of the alnciipal aMeridann.Costly or welt State ofLColoraado being mo Woof so re
located N Section dusor ed sofnd'q 5 North Range 65
e merw particularly eeear•m as fellows:
` I 1 Caneldrn9 the north Me of the southwest eater of sold Section 30 as bearing North warm'Eclat with dl bearings contained vu
, I- ner•a related thereto: thm
I ^ ICl/1 SEC30. ISM. hiN S S
FOUND M REBAR MT2 }I/4 INCH Canmencim at the center quarter comer of sold Section Yt thence South 005117'East along 9,n east line of the southwest
1 IN M CAP. PIS 22096a z
WI//4 SEC30. TSN,Rfi5W U-'LIT" EASEMENTquarter of Section 30 0 distance of 30.00 1M to the south right-of-way tae of 42nd Street thence Norm 9090'00'West tlaq the
FOUND d6 REBAR Y1H 3-1/4 INCH 42ND STREET REC. 625356_5 1 IN •
MONUMENT BOX ih right_of-way line of 42nd Street a distance OI 30.16 feel to tin nw1M1wo raw of the Pelt•R1sr Nxwxation le tl5 Gly of o
ALUMINUM CAP, PLS 22098 ,5p. POINT OF BEGINNING Emit the Pahl IN eeganng: thence South C09855'East Song the west the of the Platte Rider Annexation a distance of 639,63 s
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N 9000'00- E — 2623.98' L_——-- — "— — — — Archer Pont,Annexation the following eleven(D)cans North W5010-West a distance of 149.73 feet South 8219'56'West a
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BASIS OF BEARINGS �1771.30)'IT//aeD;OpI,eE//L///..qI631 90 42ND STREET :25.00 wt.a seats angle e 2092'20".and m as length al 99.4 last.the axed fe sale ac pea South]IZO'03'Me a
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256.11 R u _ length of 176.18 feet,the chord of sea arc Mena South WW2(West a distance of 1]403 feet South 30,736n Wert a asthma 6
• EV4\5 Cry L4-i 1 ��L �1- I of 112.64 feet toothlM along a eras to the left Mang a radius of 3]5.00 Mt a central angled 213645% and a me length of Z
30 00' 1 A ' I 20' ACCESS ' A RL!KE POk ER SNE /n60' 16].2]feet the chord of said ere bears South 403045"West a distance of 185.33 feet South swarm'Vint o defence of 428.75 W
I 41GH? OF 11,sY 34•FRL\ECr DOWER LINE EASEMENT I feet southwest along a curve to the tight node a radios of 130.00 fee a enrol rye of SB922c.and t ore!earth of 66.89 >
l RIGHT-OF-WAYB "AS Ego EC - feet the chord of said arc bean South 64'4464 West a distance el 85.09:set e c northwest along a curse to that right bating a make Z
I C CrAA Cr -\SPEC HIED 1 )t s INJ?'d BOOK 3„a, PACE 264 /
WI)-HBOOK 1334 PA CE 206 of 350.00 feet a central al&North
of 3815.1'46'.and an ac length of 23].60 the chord of sold we bears North quote'Wee a Z m
'es t I 1 J PLATTE K.O R ; distance 01 233.07 feet; NMh 373014 West a aMnce of 60.58 fast 10 the west the of Lai 1 of the southwest of the < n
ales n - 2ii UTILITY 4\kFX4 north southwest quarter of Scum 30, mend Mom section
Y Wal Sang the weir Ise 01 Lot 1 and the west ins of Lot 8 of the Z in
r er
' 'nI +-.1w A PORTION OF LOT 1 / REC. #29526551 northwest marker of the southwest owner or sectin 3o a,mac•of n1.61 roe to the northwest t 4 o of UM a thence South 0 co
I$ I �a I RFC. #2301798 x z NE1/f SWI$7 SEC30 m I 81585'Est along the north line of Lot e el distanced 326.]5 fat te the southwest corns or Let•of the northeast guWr of 0 f-
a the southwest quote of Section 30: thence North OpN1'30'West abrg the west IM of
o2 4 a distance of BSA48 feet to the seam
ST. LOUIS WESTERN COLONY £ 0 v a
61 I LOT A I ! SUBDIVISION, REC. 0000015 » of-our tine of 4xnd corner
ofStreet: thecae Nunn eo9Exem Eat tang the 0-.sum dgM1l-of-way ene al 42nd sleet a distanceor 466.63 r v
a RECORDED ep I LOT 22 1 feet to the distance
of e LOII1tl of Lot A of Recorded diner L o Ac
thence South Song0B3310'West line the erect the of U ryo M
=HEMP.,,^yN a.= / Lot A ae distance 566.26 IM to the southwest cores of Lot Ac thence South NYY35'US Song the.with ins of Lot A a O
I :i ', I EVANS distance of 280.25 Mel to the southeast owner of Let A: thence North 0810'25"East along the east line of Lot A a fine of of 0 tU 40°M
D961-30.-3-REL66I ^r / IC. #16609STRtAL I right-of-way One of 42nd Street thence North 902p'es East along the south right-of-way e of 42M N Id ^'�LO:
M. / 619.05 feet to the south11yy
I p„ REC. /)737375 R.V, 9DRC R- TRUST I FARO street 0 atones of 538.74 feet to the Point of Beginning,containing 2931 awes more a lees and subject to all• M and N tl>O O
3 I t LOT 2 • REC. #3161644 I R=C #o6C9J' rights-of-way n record or eating. n4 to o.-cw
-
I \EI 4 SWn 4 5:C30 Paz Iz 4`_1/4 581/4 C30 / / 1 - do hereby dedicate nd deer
/ / t VMS CITY-_MIT Y Iggle a STONEGATE AWE%.09011 to the City of Evans.County of YMa State of Colorado. U
D-03E GALLEGOS 'an 11 i 3 I :.£HUMAN N.Y I Executed thin ay of A.D. Z
UWYCCRPORA-EC s 3 30' Rt CM OF MAY —
1 *EL5 COUNTY r I TAEB A3DULAT. I, : - SHC'WH CV ' P? ^ N 1 'RFCSOCLT4A2 t R.V.Borchert
0 0 ST LOUIS WESTERN COLONY TO .: fn
ARCE'L a961303CCO2i 0W
z REC. N2b6763' SUBDma ON. REC.6NOOY015 P / State of Colorado 1,276,601.66 SQ FT. 1 i x g I / County of Wald )
�I 29.37 ACRES j i
l / I / T•foregoing Oeeioetla.a.Aeafa,M•eyd Mrers me thin tar or .
0
cg4.30bJ'E R 89.20 f- �/�2 \\ Ny canmsM expi.®: U
O 195 co"R 4'{R LVE Q / / Notary Public
~ - SB3'49'35'E N 286.250 M F NE R.O.O.W. 0 I / 1 moms my seine ere.w. Q
LOT 3 4SPE FED wDT.' 489'49'00^RR
58950'50eE 726.75' \E'./4 SA"./4 SECS) 4• 4E #20744 8 NBff50'SO'WM 2B2.O46ru`2'I I \ Executed this_day of AD.•I 0 VANS -NOUSTR PARK George AL Doering
LOT 8 LOT 5 '_OT 6 L . 7 / // I I R (660971 State of Colorado) ♦-
3 \AY/4 iY(/4 SEC.30 1I Vdr/4 Sr'/4 SEC30 i S 1/4 541/4' 5:7030 ' f \E1/4 5441/4 SEC30 I ' r- // N895O'50'W I I JACKIE MOORS County or costa >
un unI LOT B. _M 23 n 1 I ,_i '! / 149,75' PARCEL #9E,..30401006 The foregoing a.diatea ores ocMawlsd9M before m•this say of
�i LOT B :TEM 7 Y
3 CENTERLINE OF EVANS DITCH , 9'.a8' /, I , my commission senor
g APPARENT CENTERLINE OF I / - d Noary Puelb -
1 u / b • mtnese my nand and sal.
I - JD Ri O-OF-Of I — ' A' i _.,T 5 NI
\I A PORTION OF LOT B �OUREOCORD OF DEDICATION �!� / YE'/4 S1Y1/4 55030 I Executed this ay of A.D.
o z l RECORDED EXEMPTION I / I
I AR R ALLEGOS s I 0961-30-3—RE288 / .. Roger T.Nnapn
J\A IX2 ORATED F. �I REC. 01737335 \ / / .OT 7 m1 f
:r_ COLV i" NE1/4 SY.1/4 c=^3^ State of Weld )ss
REC. #T 95637 0. i
/ I 54 3 County of Weld ) Z
1 `z ',. l n I The foregoing dedication was acnnoeledged before me this doy or O �
2 1 1 ' / 0 A.O.
_ R.J. 6OM1GHER. AND GEORGE W. r, i '^ M ~
\�' LAE T c N OOER.N AND ROGER T. <NCPi / / uotsr PaMY •npws Q
1 n 5.1/2 5441/4 S 3r y REC. 61"7;257 : ! / ' 7 Mmes my hand one son. X Cr)
n CE\ ERL\F C 6 R.G.W. I // 1 0 0 100 200 W U
P•th 25.03' I / ARCHER PARK ANNEXA7OY $ CERTIFICATE OF APPROVALS IL
SHOWN 0A PLAT Or I I
zo Z S`. _GD.5 'e.e-E<\ COLONY LOT 6 REC. p2976798 hR n Banning commission
Z w
I SUSDN.SON, REC./'ND0000;5 t / \E1/4 SWi/4 SEC30
1 INCH = 100 FEET Certificate
plot approved A r by my they a Evans Planning commission min_soy m AD.
/ W I call sste of Approval by me My ceaa.. Q scr
an I ,AE KUNTZ
1 30.07 EVANS GTY Lm'25 �' / REC. 226711.95 nb I^ Publia Worlds ashen\Ewes Pinning Commieeh W 5
' / ; 2500' x This plot approved Eby the Publk:Naito Deportment this—aid of A.O.
{/ ihr I N Certekote or A by the City amines
aCI ^ _ _� `/` 25.0:'! -I N Director.Public tone
v;e'aTh'42'u iu65' %/ C City of EAme O
_ t / m I The attached mop wan ormepted by the city of Evans.County or WSSa State of Colorado,and W V-
_` b y �__/_ t: the pawl of Iced dsabed hereon min a pat of the City of Evans end included ndthh the Z O
1 / NOTES: ` I CON71d1W5 Bd1NDARY 333{FEET limits nod)aadictbn this ay of AD O z
3a a^" / 1.B.mna based n the north w of Ifs southwest qualm a '30.2eea.M1q s North m TOTAL BOUNDARY 6703 FEET
ROBER-5 & ROBERTS "Jr. ' / / Rage 65 west of the 6th Principal Meridian.m North B000'ar Emit'according to Refereed 1 O
ANNEXATION •
' \ 5 c 1-///\ Exemption 0961-30-3-82255 between monuments shown harem. RATA 1:1.897
REC. 22352855 �/ /�/// '' County €I A 29.31 ACRES Attest vapor
CO Q
z m.properly a in wee zan•'r for Agriculture.i - _ - I// 5505 UvE OF TOT a S Clerk
L A\C GERA C. I _ —— _ 550050 S SURVEY 1 Attrag o cagmo law Am MUST cwmmwca my IMO i I State of Colorado) �y
ROBERTS ` REC, 62535583 oars on m defect a tale surrey.In MM
REC. #2077639 LOT ,, sE1/4 soul/4 scc3D after)as first data rein non abet m a th County of Weld )sec 4.
event.may any action Posed upon any defect a thin
survey be commenced more than 101 Caere nom me ante a a notary Public h and for the(aunty of Wed.State of eaad*. Q
1 eats"./4 ≤W./4 55030 el the cstincatia an ninon. ewe hereby certify that pramdlr here 10 be the Werra m the City
SW COR SEC3Q TSN, 1165W I of Even County of Obeid.Stole o1 Celrado.and a parson*on Nome as each Moyer a subscribed
Fp1ND 3-144 INCH ALUN3HUM CAP 1 5 CON C30,754,R65W eo the above Instrument a mnaq appeared before me TMs say in pane one admeeleaM that es
IN MONUMENT SOX, RS 22098 FOUND}1S�/4 OX. 1.9 2204 CAP 51//4 SECJ11, i5N. R65N authorised by ordnance of the City coma.of said City m a regular meeting thereof held on the
N MONUMENT SOX.PLS 22098 FOUND 2 INCH PIPE NM 2-1/2 INCH ___
/t ——__——_ ___ _— —_ '32].13' ALUMINUM CAP, PIS 22098— mid of _ AD. seeded said acceptance of said map m
V _ _________ ___ Oeee and woman Oct and deed Of sold City 01fWIs.
N69'23'30'W 28+1. LEGEND 3771 e., My commission mires: i OggControl cans oe aescnted paean. EVANS Bin Notary Public a
0 COLORADO ₹ Mtnem my has and seal ^ •0..i I
LINE TABLE CURVE TABLE • Anger pent ern mopsly Bea oo P15 220 monument lane. � o W re 5
r o s a m
• Fauna N reDor with plate cop Pius 22095. ,2ND STREET Surveying Certificate $
LINE LENGTH j BEARING CURVE LENGTH RADIUS I DELTA CHORD BEARING 01 Fond M reed with panto eon Pte 22095. SITE 5 SOLE
LI 22189 8621956'9 CI 99,38 27530` 20'4220' 9924 5.71.20'03'4 02 Found 14 rebor with unreadable piastb em. I.Steven B. vanbnq a Registered Rvfiealnai Lind Surveyor h the State of Calaadq a
1.2 125.25 $60'56'53'V W 06.18 325.00 31'03'3]' ll1-03 566'09'24 W hereby artily that the survey sonact represented by the plat was reed•weer my supervision
o
03 Found H rash d the monuments ahem hereon actually exist and this pot accurately represents sold
13 112.64 S5P3T36'W C3 16]27 375.00 28.36'22 185.33 549'3095N 04 Found 24 rebor with plastic cop PLS 4392. san
LI 428.75 SI5•10'313111 C4 86.69 5 66.56 1563514'9 C5 23260 350.00 0. 38'53'46' 2332 3812'22' 85.09 564-24'45'W w
7 N776121:1811Atat Right-of-way
L
REC. Reception EXHIBIT 1 e� "B"
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1 OF 1
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33
' CITY LIMI S
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IIIP The City a- DEPARTMENT OF PUBLIC WORKS
Sanitary Sewer Location Map ( 12 of 17
EXHIBIT "C"
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CITY LIMITS
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WORKS
Waterline Location Map at--
February 14,Z001 SCALE ''_,� 1 2 of ,
i
ANNEXATION AGREEMENT
This agreement is made and entered into this 7th day of September, 2004, by and between
R.V. Borchert, George W. Doering, and Roger Knoph, hereinafter referred to as "Owner," and the
CITY OF EVANS, a municipal corporation of the State of Colorado, hereinafter referred to as
"Evans" or"City."
WITNESSETH:
WHEREAS, Owner desires to annex to Evans the property more particularly described on
Exhibit A,which is attached hereto, incorporated herein, and made a part hereof(hereafter referred
to as "the Property"); and
WHEREAS, Owner has executed a petition to annex the Property, dated July 29, 2004, a
copy of which petition is on file with the City Clerk; and
WHEREAS,Owner has prepared a Sketch Plan identifying and illustrating requested zoning,
proposed land use and intended development of the Property more particularly described in Exhibit
B, which is attached hereto, 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 regarding annexation of the Property to the City and other matters as set forth herein;and
WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all
ordinances, resolutions, and other regulations of the City of Evans, as they may be amended from
time to time; and
WHEREAS, Owner acknowledges the need for conveyances and dedication of certain
property, including but not limited to property for rights-of-ways and easements, to Evans as
contemplated in this Agreement, are directly related to and generated by development intended to
occur within the Property.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH,IT IS AGREED BY AND BETWEEN
THE PARTIES AS FOLLOWS:
1. Information ofRecitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the Property to the City. Except as expressly provided for herein to the contrary,
all terms and conditions herein are in addition to all requirements concerning annexation contained
1
EXHIBIT "D"
in the Evans Municipal Code, Development Regulations and Comprehensive Plan, and the
Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et seq.
3. Further Acts. Owner agrees to execute promptly upon request of Evans any and all
surveys and other documents necessary to effect the annexation of the Property and the other
provisions of this Agreement. Owner agrees not to sign any other petition for annexation of the
Property or any petition for annexation election relating to the Property, except upon request of
Evans.
4. Annexation Documents. Owner agrees to provide legal documents, surveys,
engineering work,newspaper publications,maps and reports determined by Evans to be necessary to
accomplish the annexation.
5. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner
to develop the Property in a manner generally consistent with the zoning and land uses presented in
paragraph 15 below, and that the granting of such zoning by the City of Evans is a material
consideration of the Owner's agreement to annex the Property to the City. Owner shall take all
action necessary to permit zoning by Evans of the annexed Property within the time prescribed by
state statute. In the event the City does not zone the land in accordance with the uses further
described in paragraph 16, then the City agrees not to oppose any disconnection by the Owner,
subject to the requirements of state law.
6. Public Use Land Dedication. Owner agrees to dedicate,by General Warranty Deed
or other appropriate instrument of conveyance acceptable to the City, title and interest (subject to
exceptions of record permitted by the City), in and to the applicable Property a portion of the
territory to be annexed for Evans Ditch right-of-way,in addition to easements and rights-of-way for
streets and other public ways and of other public purposes, all as required by City ordinances and
resolutions in effect at the time of the dedication. Owner shall have no obligation to dedicate any
land for development of public improvements for the following: public school, sewer/water
treatment facilities or related facility, power generation plant, library, police station or fire station.
7. Water and Waste Water Utilities. On-site water and wastewater mains and
appurtenances shall be constructed to City standards by Owner at Owner's expense. Owner shall be
entitled to reimbursement for over sizing of any additional mains in accordance with the ordinances
and policies of the City. The water and sewer mains to be oversized shall be set forth in the Public
Improvement Developers Agreement.
8. Water Rights Dedication. Owner shall dedicate water rights as required by
Chapter 13.08 of the Evans Municipal Code. All water rights existing with the Property at the time
of annexation shall be dedicated to the City upon recording of the annexation plat. City may accept
the following water rights: Greeley/Loveland Irrigation Corporation(GLIC),Lake Loveland,Seven
Lakes, and Colorado-Big Thompson (CBT).
9. Non potable irrigation. Owner may install a non-potable water system to
2
provide irrigation water to all areas described within Exhibit A. The non-potable water system will
become an extension of the Evans water utility enterprise and will be owned, operated, and
maintained by the City after acceptance by the City. In consideration of the reduced potable water
demand that will be realized by the installation of a non-potable irrigation system,the amount of raw
water to be dedicated to the City shall be reduced by an amount as determined by an engineering
analysis performed by the City at the expense of owner, or by City policy.
10. Municipal Services. Evans agrees to make available to the Property all of the usual
municipal services provided by the City,in accordance with the ordinances and policies of the City.
The services provided by the City include, but are not limited to,police protection, fire protection,
water,wastewater,and storm water services. Owner acknowledges that City services do not include,
as of the date of the execution of this Agreement, emergency medical services.
11. Public Improvements. Required public improvements shall be designed and
constructed to City standards by Owner at Owner's expense. Owner further agrees to provide
financial guarantees for construction of all required improvements as set forth in each phase of the
development, and to dedicate to the City any or all of the improvements as required by City
ordinances. The public improvements and financial guarantee shall be set forth in the Development
Agreement between the City and Owner.
12 Streets and Arterial Roads. On-site streets shall be dedicated, designed, and
constructed to City standards by Owner at Owner's expense. Upon approval of the City,Owner shall
dedicate all public right-of-way improvements under warranty with at least a two-year guarantee for
maintenance to the City of Evans. A traffic study for the proposed development shall be completed
by the Owner in accordance with City requirements. The Traffic Engineer shall consider future
signalization and a signal progression analysis. Owner shall be responsible for payment of a portion
of the cost related to the design and construction of such future signalization when it is determined
that such infrastructure is warranted.
13. Drainage. A drainage study of the entire annexation territory will be provided by the
Owner. Improvements recommended by such study shall be completed at the time of completion of
each phase of development. Facilities necessary to address drainage from outside the Property will
be designed for quantities in excess of those amounts historically discharged from the site. These
facilities will be developed in conformance with the Comprehensive Drainage Study and other City
regulations and ordinances.
14. Reimbursements. To the extent water,sewer,storm drainage facilities or other public
utilities are oversized or extended onto property by Owner or to the extent public improvements are
built off-site of the Property by Owner,by any District or by the City, for benefit accruing to other
parties,said improvements may be eligible for reimbursement. Per Chapter 13.28,City agrees to use
its best efforts to maximize the opportunity for,and amounts of reimbursement payable to Owner in
connection with the development of any other property tapping onto or otherwise making use of any
such improvements. The City agrees to coordinate the execution and delivery of necessary
reimbursement agreements among the City,the Owner and the Owner developer of any other such
3
property in order to obtain such reimbursements for Owner.
15. Zoning and Land Use.
(A) Conceptual Plan. Owner and City shall mutually agree upon a conceptual land
use plan,which is in accordance with the City's Comprehensive Plan or which justifies amending the
City's Comprehensive Plan. It is Owner's intent to develop and zone the Property in accordance
with the conceptual land use plan as shown in Exhibit B.
The conceptual plan represents light industrial and medium industrial land uses.
Owner agrees the design, improvement, construction, and development of the Property
described herein shall be in conformance with the City of Evans Design Guidelines, as those
requirements exist at the time of site plan application.
(B) Rezoning Process. Upon submittal of required materials, Owner's rezoning
request shall be processed concurrently with the petition for annexation. This provision does not
waive the authority of the Owner or the City of Evans to initiate rezoning of the land in accordance
with the Charter and Ordinances of the City of Evans. Land use is subject to the police power and
legislative authority of the City of Evans.
16. Limitation on Fee Impositions by the City. The City agrees that the Property shall be
subject to typical development fees similar to those that are imposed on other developments in the
City pursuant to the City's regulations and ordinances unless otherwise mutually agreed upon by the
Owner and the City.
17. Developer's Agreement. In a form provided by the City, Owner and the City shall
enter into a public improvements developer's agreement. The final form of the developer's
agreement shall be subject to mutual agreement of the parties on the terms and conditions of the
same. The developer's agreement shall be signed prior to issuance of any building permits.
18. Conformity with Laws. Owner agrees that the design, improvement, construction,
development, and use of the Property shall be in conformance with all applicable laws and
ordinances and that Owner shall comply with all City ordinances, resolutions and regulations
including without limitation, ordinances, resolutions, and regulations pertaining to annexation,
subdivision, zoning, storm drainage, utilities, access to City streets, and flood control.
19. No repeal of Laws. 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.
20. Disconnection. No right or remedy of disconnection of the Property from the City
shall accrue from this Agreement. Disconnection may only be obtained by express written approval
4
of the City Council after hearing as provided in the Evans Municipal Code. In the event the Property
or any portion thereof is disconnected, Evans 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.
In the event the City does not approve the zoning and development plan as set forth in
paragraph 15 within ninety (90) days of the completion of the annexation, Owner may request
disconnection and the City agrees not to oppose disconnection unless delays are caused by Owner.
21. 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.
22. Fire Protection District Exclusion. Owner agrees to petition out of the LaSalle Fire
Protection District and does hereby irrevocably appoint the Fire Chief of the City of Evans its true
and lawful agent and attorney for the Owner and in the Owner's name and stead to sign and execute
any and all petitions,documents and writing pertaining to the lands herein described which shall be
necessary and appropriate to petition out of such district.
23. Future Cooperation. The parties agree 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.
24. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained in
this Agreement is intended to create a partnership or joint venture between the City and Owner or
between the City and any one or more of the individual owners listed above, and any implication to
the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not
provide for the joint exercise by the parties of any activity, function, or service, nor does it create a
joint enterprise, nor does it constitute any party hereto as any agent of another party hereto for any
purpose whatsoever. Except as specifically otherwise provided in this agreement,no party shall in
any way assume any of the liability of any other party for any act or obligations of the other party.
25. Amendment. This Agreement may be amended only by mutual agreement of the City
and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk and
Recorder 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 and/or Water Rights subject to the
amendment unless otherwise specified in the amendment.
26. Entire Agreement. This Agreement embodies the entire agreement of the parties.
There are no promises,terms, conditions,or obligations other than those contained herein; and this
Agreement supersedes all previous communications,representations,or agreements,either verbal or
written between the parties.
5
27. Owner. As used in the 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. In the event of a transfer of all or any portion of the Property, provided the City approves
such transfer, such approval not to be unreasonably withheld, the transferring Owner shall be
relieved of any and all obligations under this Agreement that arise after the date of such transfer with
respect to the transferred Property.
28. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any City ordinance, resolution, regulation, or
policy is intended to refer to any subsequent amendments or revisions to such ordinance,resolution,
regulation, or policy, and the parties agree such amendments or revisions shall be binding upon
Owner.
29. Binding Effect. This Agreement shall be binding upon and inure to the benefit of all
the heirs,transferees, successors, and assigns hereof,and shall constitute covenants running with the
land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County,
Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement maybe
enforced in any court of competent jurisdiction.
30. Failure to Annex. This Agreement shall be null and void if the City fails to approve
the annexation of the Property.
31. Breach by Developer; City's Remedies.
(A) In the event of a default or breach by the Owner of any term,condition,covenant,
or obligation under this Agreement, the City may take action, as it deems necessary to protect the
public health,safety,and welfare;to protect lot buyers and builders, and to protect the citizens of the
City from hardship. The City's remedies include:
(i) The refusal to issue to the Owner any development permit,building
permit,or certificate of occupancy. This remedy shall not affect sales
to bona fide purchasers nor be applied to bona fide purchasers;
(ii) A demand that the security given for the completion of the public
improvements be paid or honored;
(iii) The refusal to consider further development plans within the
Property; and/or
(iv) Any other remedy available at law.
Unless necessary to protect the immediate health, safety, and welfare of the City or City
residents,the City shall provide the Owner ten(10)days written notice of its intent to take any action
under this Paragraph during which ten-day period the Owner may cure the breach described in said
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notice and prevent further action the City.
(B) Breach by City. Parties agree that in the event of a breach by the City,Owner
will have the right to seek all remedies provided by law.
(C) Attorney's Fees. If any party breaches this Agreement, the breaching party
shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforcement of
the terms and conditions of this Agreement.
32. General Provisions. City shall:
(A) Cause its staff to timely and promptly approve or disapprove written submittal
by Owner of any plans, specifications, drawings, details or other pertinent data required in
connection with any water line, sanitary sewer line, storm drainage or other utility serving the
Property or any improvements within any dedicated right-of-way on the Property. Any disapproval
shall set forth the items disapproved together with the reasons for such disapproval.
(B) Use its best efforts securing, at Owner's expense, construction and
maintenance agreements from governmental or private entities in order to allow Owner to fulfill its
obligations under this Agreement and to proceed with development of the Property.
(C) Cooperate with Owner with any filing, applications, approvals, or other
administrative procedures with governmental entities other than the City,which is necessary to allow
Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner.
(D) Provide police and other municipal services to the Property to the same extent
as those services are provided by City throughout the balance of the City, pursuant to the City's
uniform applied policies.
(E) Not unreasonably withhold its consent or approval when any consent or
approval is required.
Owner shall notify the City of assignments and the name of the assignee(s). Upon the sale or
other transfer of any portion of the Property. The transfer of such portion shall be released from all
liability and obligation under this Agreement relating to such portion and all such liabilities and
obligations shall be assumed by the transferee (unless transferee is a member of the home buying
public or governmental entity).
Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing
codes,ordinances or as a waiver of the City's legislative,governmental or police powers to promote
and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this
agreement prohibit the enactment by the City of any fee which is of uniform or general application.
It is understood and agreed by the parties hereto, that if any part, term or provision of this
Agreement is by a court determined to be illegal or in conflict with any law of the State of Colorado,
the validity of the remaining 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 that
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particular part,term, or provision held to be invalid. This Agreement may be enforced in any court
of competent jurisdiction.
33. Notice. All notices required under this Agreement shall be in writing and shall be
hand delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
transmission receipt, provided a hard copy is mailed the same date. All notices by mail shall be
considered effective seventy-two (72)hours after deposit in the United States mail with the proper
address as set forth below. Either Party by notice so given may change the address to which future
notices shall be sent.
Notice to City: City of Evans Notice to Owner:
Attn: City Manager Stonegate of Northern Colorado
1100 37 Street 1140 38th Avenue, Suite 1
Evans,CO 80620 Greeley, CO 80634
With copy to: R.Russell Anson,City Attorney
820 131h Street
Greeley,CO 80631
34. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner
represents and submits that to the extent an election would be required pursuant to C.R.S. §31-12-
112, as amended,to approve the annexation or to impose terms and conditions upon the Property to
be annexed, Owner owns 100 percent of the Property,excluding public streets and alleys,and would
vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election
would necessarily result in a majority of the electors' approval to the annexation and the terms and
conditions.
35. Legislative Discretion. The Owner acknowledges that the annexation and zoning of
the Property are subject to the legislative discretion of the City Council of the City of Evans. No
assurances of annexation,zoning,or special use permit approval have been made or relied upon by
the Owner. In the event that, in the exercise of its legislative discretion, any action with respect to
the annexation, zoning or special use approval for the Property, as contemplated herein and in the
proposed Conceptual Development Plan for the Property,is not taken or if once taken and Owner is
in full compliance with such annexation,zoning or special use approvals,is not maintained then the
Owner may withdraw the petition for annexation and seek disconnection from the City in accordance
with state law, as may be appropriate and City agrees not to oppose.
36. No Third Party Rights. This Agreement is made solely for the benefit of the parties
hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not
named as parties hereto.
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37. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein,it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
38. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience only.
39. No Warranties by the City. The City is entering into this Agreement in good faith
and with the present intention, on the part of the present City Council, that this Agreement will be
complied with. However, because some of the provisions of this Agreement may involve areas of
legal uncertainty, the City makes no representation as to the validity or enforceability of this
Agreement that no such warranty is made on the part of the City.
40. Non-conforming Use. In the event Owner's zoning and development plan is not
advanced with reasonable diligence, City agrees to allow the existing non-conforming agricultural
use to continue until such time as the Property is rezoned but not at a greater level than at its current
level of activity and use.
41. Attorney's Fees. If any Party breaches this Agreement,the breaching party shall pay
the non-breaching party's reasonable costs and attorney's fees incurred in the enforcement of the
terms and conditions of this Agreement. In the event that any person, corporation, special district,
municipal or county government,or any other entity asserts any claim against the City, its officials,
or employees pursuant to the provisions of the Colorado Municipal Annexation Act,C.R.S.,Section
31-12-101, et seq., the Owner agrees to reimburse the City for all reasonable costs and attorney's
fees incurred by the City in defense of such claims whether or not such defense is successful. The
City shall, at all times,have control over the defense of the City in such matters and nothing herein
shall be construed to require the City to assert any position which is inappropriate, in the sole
judgment of the City. The City and Owners/Developers shall confer with each other concerning the
defense and/or settlement of any such action.
42. Cost Reimbursement to City. Developer shall reimburse City for outside professional
consultants such as engineers, testing companies, and attorneys necessitated by processing and
completion of this development.
ATTEST: CITY OF EVANS, COLORADO,
A MUNICIPAL CORPORATION
By: By:
City Clerk Mayor
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LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
R.V. Borchert )ss.
COUNTY OF
The above and foregoing signature of , on behalf of
Stonegate of Northern Colorado, was subscribed under oath before me on this day of
, 2004.
WITNESS my hand and official seal.
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
George W. Doering )ss.
COUNTY OF
The above and foregoing signature of , on behalf of
Stonegate of Northern Colorado, was subscribed under oath before me on this day of
, 2004.
WITNESS my hand and official seal.
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
Roger Knoph )ss.
COUNTY OF
The above and foregoing signature of , on behalf of
Stonegate of Northern Colorado, was subscribed under oath before me on this day of
, 2004.
WITNESS my hand and official seal.
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