HomeMy WebLinkAbout20040070.tiff Firestone
December 24, 2003
A Community
W•a• t In Motion
`I908
Clerk of the Weld County Board Frederick Area Fire
of County Commissioners Protection District
P.O. Box 758 P.O. Box 129
Greeley, CO 80632 Frederick, CO 80530
Bruce Barker, Esq. Tri-Area Ambulance District
Weld County Attorney 350 4th Street
915 10th Street P.O. Box 708
Greeley,CO 80632 Frederick, CO 80530
St. Vrain Sanitation District Town of Frederick
P.O. Box 417 P.O. Box 435
Longmont,CO 80502 Frederick,CO 80530
St. Vrain Valley School District City of Dacono
395 South Pratt Parkway P.O. Box 186
Longmont,CO 80501-6499 Dacono, CO 80514
Central Weld County Water District Weld Library District
2235 2nd Avenue 2227 23rd Avenue
Greeley, CO 80631 Greeley, CO 80631
Carbon Valley Recreation District Left Hand Water District
701 5th Street P.O. Box 210
Frederick, CO 80530 Niwot, CO 80544
St. Vrain and Left Hand Water Weld County Tri-Area
Conservancy District Sanitation District
9595 Nelson Rd,Box C P.O. Box 213
Longmont, CO 80501 Frederick, CO 80530
Northern Colorado Water Mountain View Fire
Conservancy District Protection District
P.O. Box 679 9119 County Line Rd.
Loveland,CO 80539 Longmont, CO 80501
Dear Sir or Madam:
Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be known as
the Sable Glen Annexation. The Public Hearing on the proposed annexation is scheduled for Thursday,
January 22,2004 at 7:30 p.m.,as described in the enclosed Resolution No. 03-50. Also enclosed is a copy of
the Petition for Annexation as filed and the notice published in the Daily Times-Call on December 16,23 and
30, 2003 and January 6, 2004 and in the Farmer& Miner on December 17, 24 and 31, 2003 and January 7,
2004.
TOWN OF FIRESTONE, COLORADO
12/24/2003 10 48 AM]kkh]F:\CompanyWirestone\Annexation\SableGlen.mailingdoc Judy Hegwood, Town Clerk
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
} c.t I8t.i C �tio.J Oa • C'/ 'I SO 2004-0070
0%0'7- ()(-/
DEC.24.2008 11: 10RM N0.821 P. 1/P
RESOLUTION NO, 03-50
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH TI-IE TOWN OF FIRESTONE,
COLORADO,KNOWN AS THE SABLE GLEN ANNEXATION TO THE TOWN
OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Sable Glen
Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado,and referred to
the Board of Trustees of the Town for a determination of substantial compliance with applicable law,
and
WHEREAS,the Board of Trustees wishes to permit simultaneous considerationofthe subject
property for annexation and zoning, if requested in the petition;and
WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Se ion 1. The petition,the legal description for which is attached hereto as Exhibit A and
incorporated herein by reference,is in substantial compliance with the applicable laws of the State of
Colorado,
Section 2. No election is required under § 31-12-107(2), C.RS.
Section 3. No additional terms and conditions are to be imposed except any provided for
in the petition.
Section 4, The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S„
and will hold a public hearing to determine the appropriate zoning of the subject property, if
requested in the petition,at the Firestone Town Hall, 151 Grant Avenue,Firestone,Colorado 80520,
on Thursday.January 22.2004, at 7:30 P.M.
Section 5. Any person may appear at such hearing and present evidence relative to the
proposed annexation, or the proposed zoning if requested in the petition.
Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed annexation,
and whether the statutory requirements for the proposed annexation have been met, and further,will
determine the appropriate zoning of the subject property if requested in the petition.
1
DEC.24.2003 11110RM NO.821 P.2/3
Section 7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws ofthe State of
Colorado,the Board of Trustees may pass one or more ordinances annexing the subject property to
the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested
in the petition.
Section S. Resolution No.C'3-39 is hereby repealed.
441
INTRODUCED, READ, and ADOPTED th•is I I day of 1 c('r m}1r r- , 2003.
aESTONE llV//���I V
III
To` Michael P. Simone
A L, Mayor
- rQ
yHe od
own Clerk
12/11/7003 7.42AM(Idch]A:.\Company\PimlronoMeneutim\Sable lanSianoddCOMPitindoe
2
EXHIBIT A
LEGAL DESCRIPTION
SABLE GLEN ANNEXATION
KNOWN ALL MEN BY THESE PRESENTS, THAT I, ISAAC MORADI BEING THE
SOLE OWNER AND PROPRIETOR OF THE FOLLOWING DESCRIBE LAND, TO WiT:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST 114 OF THE SOUTHEAST 114
OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 114 OF THE
SOUTHEAST 114 OF SECTION 12 AND CONSIDERING THE SOUTH LINE OF SAID
SOUTHWEST 114 OF THE SOUTHEAST 114 TO BEAR SOUTH 89°30'56" EAST;
THENCE SOUTH 89°30'56" EAST, ALONG SAID SOUTH LINE A DISTANCE OF
1331.43 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 114 OF THE
SOUTHEAST 114 OF SECTION 12;
THENCE NORTH 00°07'45" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST
114 OF THE SOUTHEAST 114 OF SECTION 12, A DISTANCE OF 1246.62 FEET TO
THE SOUTHEAST CORNER OF OUTLOT "G", BOOTH FARMS, SECOND FILING
RECORDED AT RECEPTION NO. 2909675 IN THE WELD COUNTY CLERK AND
RECORDER'S OFFICE, SAID CORNER IS MONUMENTED WITH A 112" REBAR &
PLASTIC CAP, STAMPED "LS 23513";
THENCE NORTH 89°44'46" WEST, A DISTANCE OF 400.00 FEET TO THE
SOUTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED
WITH A 112" REBAR & PLASTIC CAP, STAMPED "LS 23513";
THENCE NORTH 00°07'45" WEST, A DISTANCE OF 100.00 FEET TO THE
NORTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED
WITH A 112" REBAR & PLASTIC GAP, STAMPED "LS 23513", SAID CORNER IS
ALSO A POINT ON THE NORTH LINE OF SAID SOUTHWEST 114 OF THE
SOUTHEAST 114 OF SECTION 12;
THENCE NORTH 89°44'46" WEST, ALONG SAID NORTH LINE A DISTANCE OF
928,01 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 114 OF THE
SOUTHEAST 114 OF SECTION 12;
THENCE SOUTH 00°00'54" WEST, ALONG THE WEST LINE OF SAID
SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTiON 12, A DISTANCE OF
1341.24 FEET TO THE TRUE POINT OF BEGINNING;
CONTAINING 1,746,999 SQUARE FEET OR 40.106 ACRES, MORE OR LESS.
3
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PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF _ _-.__-ONE, COLORADO
We, the undersigned landowners , in accordance with Colorado !aw,
hereby petition the Town of Firestone. and _ Board of Trustees for
annexation to the Town of ^ irestone of the unincorporated
territory, the legal description of which is attached hereto as
nco_rpo_at_�r erg herein by this reference , located in the
Exhibit A and i
County of Weld and the State of Colorado, and to be known as the
$ABLa Qcg.A./ Annexation to the Town of Firestone .
IAs part of this petition, your petitioners further state to the
Board of Trustees that :
1 1 . It is desirable and necessary that the territory
described in Exhibit A be annexed to the Town of
Firestone .
I 2 . The requirements of Sections 31-12-104 and 31-12-105 ,
C.P.. S . , as amended, exist or have been met in that :
Ia . Not less than one-sixth of the perimeter of the
area proposed to be annexed is contiguous with the
L Town of Firestone or will be contiguous with the
Town of Firestone within such time as required by
Section 31-12-104 .
1 b. A community of interest exists between the area
proposed to be annexed and the Town of Firestone .
I c . The area proposed to be annexed is urban or will be
urbanized in the near future .
1 d . The area proposed to be annexed is integrated with
or is capable of being integrated• with the Town of
Firestone .
1 , e . No land within the boundary of the territory
proposed to be annexed which is held in identical
ownership, whether consisting of one tract or
1 parcel of real estate or two or more contiguous
tracts or parcels of real estate, has been divided
into separate parts or parcels without the written
consent of the landowner or landowners thereof ,
I unless such tracts or parcels were separated by a
dedicated street, road, or other public way.
f . No land within the boundary of the area proposed to
be annexed which is held in identical ownership,
whether consisting of one tract or parcel of real
1 1
I
•
estate or two cr more contiguous tracts or parcels
of real estate, comprises twenty acres or more , and
which, together with the buildings and improvements
situated thereon, has an assessed value in excess
of two hundred thousand dollars ($200 , 000 . 00) for
ad valorem tax purposes for the year next preceding
the annexation, has been included within the area
proposed to be annexed without the written consent
of the landowner or landowners .
g. No annexation proceedings have been commenced for
any portion of the territory proposed to be annexed
for the annexation of such territory to another
municipality.
h. The annexation of the territory proposed to be
annexed will not result in the detachment of area
from any school district .
i . The annexation of the territory proposed to be
annexed will not have the effect of extending the
boundary of the Town of Firestone more than three
miles in any direction from any point of the
boundary of the Town of Firestone in any one year .
j . The territory proposed to be annexed is 1/0. / 6
acres in total area .
k. Prior to completion of the annexation of the area
proposed to be annexed, a plan will be in place ,
pursuant to Section 31-12-105 (1) (e) , C.R. S . , which
generally describes the proposed location,
character, and extent of streets , subways, bridges ,
waterways, waterfronts , parkways , playgrounds ,
squares , parks , aviation fields , other public
ways , grounds, open spaces , public utilities , - and
terminals for water, light, sanitation,
transportation, and power to be provided by the
Town of Firestone ; and the proposed land uses for
the area; such plan to be updated at least once
•
annually.
1 . In establishing the boundary of the area proposed
to be annexed, if a portion of a platted street or
alley is to be annexed, the entire width of the
street or alley has been included within the area
annexed, and reasonable access will not be denied
to any landowners , owners of any easement , or the
owners of any franchise adjoining any platted
street or alley which is to be annexed to the Town
of Firestone but is not bounded on both sides by
the Town of Firestone .
2
1
I.
Im. If required, an impact report will be prepared and
filed pursuant to Section 31-12 -108 . 5 , C . R . S .
k3 . The owners of more than fifty percent of the area
proposed to be annexed, exclusive of dedicated streets
t and alleys , have signed this petition and hereby petition
for annexation of such territory.
The signatures on this petition comprise one-hundred
1 percent (100%) cf the landowners of the territory to be
annexed and said landowners attesting tot he facts and
agreeing to the conditions herein contained will negate
Ithe necessity cf any annexation election.
4 . Accompanying this petition are four copies of an
1 annexation map containing the following information :
a . A written legal description of the boundaries of
1 the area proposed to be annexed;
b. A map showing the boundary of the area proposed to
be annexed, said map prepared by and containing the
1 seal of a registered engineer;
c . Within the annexation boundary map, a showing of
■ the location of each ownership tract in unplatted
r land and, if part or all of the area is platted,
the boundaries and the plat numbers of plots or of
Ilots and blocks ;
d. Next to the boundary of the area proposed to be
annexed, a drawing of the contiguous boundary of
I the Town of Firestone and the contiguous boundary
of any other municipality abutting the area
proposed to be annexed, and a showing of the
1 dimensions of such contiguous boundaries .
5 . Upon the annexation ordinance becoming effective, all
1 lands within the area proposed to be annexed will become
subject to all ordinances, resolutions , rules , and
regulations of the Town of Firestone , except fcr general
property taxes of the Town of Firestone, which shall be
1 come effective as of the January 1 next ensuing.
6 . The zoning classification requested for the area proposed
1 to be annexed is RA /4/1/Z OS (PGP &nCnC
The petitioners agree that said annexed land shall be
1 brought under the provisions of Title 17 of the Firestone
Municipal Code within ninety ( 90) day from the effective
date of the annexation ordinance .
1 3
7 . . There shall be no duty or obligation upon the Town of
Firestone to furnish water or sanitary sewer facilities
to the area proposed to be annexed . Such services will
be provided at such time, in the sole discretion of the
Town, when such services for water and sanitary sewer
can be economically and reasonably installed to service
a sufficient number of inhabitants within the area so as
to make the construction and establishment of such
services feasible and at no additional cost for the same
or similar type of services provided to inhabitants
within the existing corporate limits of the Town.
B . If required by the Town, an annexation agreement has been
or will be executed by the petitioners herein and the
Town of Firestone relating to this annexation and the
petitioners hereby expressly consent to the terms and
conditions set forth in the annexation agreement .
9 . The petitioners agree to the following terms and
conditions , which shall be covenants running with the
land, and which may, at the option of the Town, appear on
the annexation map :
a . Water rights shall be provided pursuant to Town
ordinance .
b . All conditions set out in the annexation agreement
executed by the petitioner.
c . Other:
WHEREFORE, the petitioners, whose signatures are on the signature
sheet on the next page , respectfully request that the Town of
Firestone, acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed:
C22296/1233[sari\firestone\a_1er.:et.`__._
4
I •
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lavr_nl age , who being first duly
sworn upon oath deposes and says :
That (he or she) was the circulator of the foregoing Petition
for Annexation of lands to the Town Of Firestone , Colorado,
consisting O.
a es including this _'age and that each
b pages ,�
signature thereon was witnessed by your affia_:: and is the true
signature of the person whose name it purports to be .
rculator
IACKNOWLEDGMENT
STATE OF COLORADO
1 )
> SS
COUNTY OF ,PX�U DER )
The above and foregoing Aff ' devit of Circulator was subscribed
and sworn to before me this ci i day of ( C tr 8,003
Witness my hand and official seal .
My commission expires on : 0(.0-27-0(.0
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•
no. 84e 9o? :MITCHELL?
Address 9
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5
SIGNATURE SHEET Page 4
Signature of Date of Mailing Address Are you a regis- Are you a non- See Exhibit
Landowner/Petitioner Signing of Landowner/ tered elector, resident land- attached hereto
of Each Petitioner resident land- owner of the and incorporated
Signature owner of the area area proposed into this peti-
proposed to be to be annexed? tion by this
annexed? (Yes or No) reference, for
(Yes or No) the legal des-
cription of the
land owned by
re , /' / this signer
&]hor,zcd"" llll_C.IlI-
6
annexation petition is in substantial EXHIBITA
Compliance with the applicable laws of LEGAL DESCRIPTION
the State of Colorado ore on file and SABLE GLEN ANNEXATION
available for public inspection in the
office of the Town Clerk. 151 Grant KNOWN ALL MEN BY THESE PRESENTS.
Avenue, Firestone. CO 80520, during THAT I.ISAAC MORADI BEING THE SOLE
regular business hours. OWNER AND PROPRIETOR OF THE
FOLLOWING DESCRIBE LAND,TO WP
Dated the 12th day of December,2003. A PARCEL OF LAND LOCATED IN THE
TOWN OF FIRESTONE,COLORADO SOUTHWEST 114 OF THE SOUTHEAST 114
OF SECTION 12- TOWNSHIP 2 NORTH,
Judy Hegwood RANGE 68 WEST OF THE 6TH PRINCIPAL
Town Clerk MERIDIAN,COUNTY OF WELD.STATE OF
COLORADO. BEING MORE
RESOLUTION NO.03-50 PARTICULARLYDESCRIBEDASFOLLOW5:
BEGINNING AT THE SOUTHWEST CORNER
A RESOLUTION FINDING SUBSTANTIAL OF SAID SOUTHWEST 114 OF THE
COMPLIANCE FOR AN ANNEXATION SOUTHEAST 114 OF SECTION 12 AND
PETITION FILED WITH THE TOWN OF CONSIDERING THE SOUTH UNE OF SAID
FIRESTONE,COLORADO,KNOWN AS SOUTHWEST 114 OF THE SOUTHEAST 114
THE SABLE GLEN ANNEXATION TO THE TO BEAR SOUTH 89°30'56'EAST:THENCE
TOWN OF FIRESTONE,AND SETTING A SOUTH 89°30'56" EAST. ALONG SAID
PUBLIC HEARING THEREON. SOUTH LINE A DISTANCE OF 1331.43 FEET
TO THE SOUTHEAST CORNER OF SAID
WHEREAS,a petition for annexation of SOUTHWEST 114 OF THE SOUTHEAST 114
certain property to be known as the OF SECTION 12:
Sable Glen Annexation has been filed THENCE NORTH 00'07'45"WEST,ALONG
with the Town Clerk of the Town of THE EAST LINE OF SAID SOUTHWEST 114
Firestone,Colorado,and referred to the OF THE SOUTHEAST 114OFSECTION 12.A
Board of Trustees of the Town for a DISTANCE OF 1246.62 FEET TO THE
determination of substantial SOUTHEAST CORNER OF OUTLOT G.
compliance whip applicable low.and BOOTH FARMS. SECOND FILING
RECORDED AT RECEPTION NO.2909675
WHEREAS,the Board at Trustees wishes IN THE WELD COUNTY CLERK AND
to permit simultaneousconsiderationof RECORDER'S OFFICE,SAID CORNER IS
thesubjectpropertyfor annexation and MONUMENTED WITH A 112'REBAR &
zoning.it requested in the petition.and PLASTIC CAP.STAMPED-LS 23513":
THENCE NORTH 89°44'46' WEST, A
WHEREAS. the Board of Trustees has DISTANCE OF 400.00 FEET TO THE
reviewed the petition and desires to SOUTHWEST CORNER OF SAID OUTLOT
adopt by Resolution itihnaingsin regard G". SAID CORNER IS MONUMENTED
to the petition WITH A II2" REBAR & PLASTIC CAP,
STAMPED-LS 23513';
NOW. THEREFORE, BE IT RESOLVED By THENCE NORTH 00°07'45" WEST, A
THE BOARD OF TRUSTEES OF THE TOWN DISTANCE OF 100.00 FEET TO THE
OF FIRESTONE.COLORADO NORTHWEST CORNER OF SAID OUTLOT
G . SAID CORNER IS MONUMENTED
Sertinn I. The petition, the legal WITH A II2' REBAR & PLASTIC GAP,
descilptlonfor which isattached hereto STAMPED-LS 23513",SAID CORNER IS
os Exhibit A and incorporated herein by ALSO A POINT ON THE NORTH LINE OF
reference.is in substantial compliance SAID SOUTHWEST 114 OF THE SOUTHEAST
with the applicable laws of the State of 114 OF SECTION 12
TOWN OF FIRESTONE,COLORADO Colorado. THENCE NORTH 89°44'46'WEST,ALONG
NOTICE OF PUBLIC HEARINGS SAID NORTH LINE A DISTANCE OF 928,01
BEFORE THE TOWN OF FIRESTONE Section 2No election is required under FEET TO THE NORTHWEST CORNER OF
PLANNING AND ZONING COMMISSION - 331-12-107(2).C.RS SAIDSOUTHWEST 114 OF THE SOUTHEAST
ON A PROPOSED ZONING OF 114 OF SECTION 12
PROPERTY SerHon 3. No additional terms and THENCE SOUTH 00°00'54'WEST.ALONG
AND conditions ore to be imposed except THE WEST LINE OF SAID SOUTHWEST 114
BEFORE THE TOWN OF FIRESTONE any provided for in the petition. OF THE SOUTHEAST 114 OF SECTION 12 A
BOARD OF TRUSTEES ON A PROPOSED DISTANCE OF 1341.24 FEET TO THE TRUE
ANNEXATION AND ZONING OF SettlDud The Board of Trustees will hold POINT OF BEGINNING.
PROPERTY a public nearing for the purpose of CONTAINING I,746.999SQUAREFEETOR
determining utheproposed annexation 40.106 ACRES,MORE OR LESS.
Notice is hereby giventhattbe Planning compiles with Sections 31-12-104 and
and Zoning Commission of the Town of 31-12-105.C.R S.,and will hold a public Published in the Tri-Town Farmer and
Firestone will hold a Public Hearing hearing to determine the appropriate Miner December 17,24, and 31.2003
commencing at 730 p.m..Wednesday, zoning of the subject property. it and January 7.2004.
January 21,2'004 at the Firestone Town requestedinthe petition,attheFirestane
Holt, 151 Grant Avenue, Firestone. Town Hall.151 Grant Avenue.Firestone,
Colorado 80520. The purpose of the Coorado&0520.on Thursday January
Public Hearing Is to consider a request J2 2aa at 7:30 P M.
for zoning of property proposed to be
annexed to the Town and known as the SRctWui- Any person may appear of
Sable Glen Annexation. The zoning such hearing and present evidence
requestedisPanned Unit Development, relative to the proposedannexation,or
with Residential-A Uses(PUD-RA)and the proposed zoning if requested in the
Open Space(PUD-OS). petition.
Further Nonce is hereby given that the 4ertlon 6. Upon completion of the
Board of Trustees of the Town of Firestone hearing, the Board of Trustees will set
will hold a Public Hearing commencing forth, by resolution, its findings and
at T30 p.m.,Thursday,January 22.2004 conclusions with reference to the
at the Firestone lawn Holl. 151 Grant eligibility of the proposed annexation.
Avenue,Firestone.Colorado80520.The and whether the statutory requirements
purpose of the Public Hearing is to for the proposed annexation have been
determine whether certain property for met, and further, will determine the
whichapetitionfaronnexotbnhasbeen appropriate zoning of the subject
filed with the Town.to be known as the property if requested in the petition.
Sable Glen Annexation to the Town of
Firestone. meets the applicable Section 7. If the Board of Trustees
requirementsat the statutes afthe5t01e concludes. by resolution. that all
ofCooradoandsetgiblefa annexation statutory requirements hove been met
to the Town and to determine Hlezanlrrg and that the prODOsed annexation is
torthepraposedannexation.ThezoNrg proper under the lows of the State of
requestedlsPlonnedUnit Development, Colorado, the Board of Trustees may
with Residential-A Uses(PUD-RA)and pass one or more ordinances annexing
Open Space(PUD-OS). the subject property to the Town of
Firestone, and will pass one or more
Any person may appear at the Public Ordinances zoning thesubject property
Hearings and be heard regarding the it requested in the petition.
matters under consideration. The
approximate location of the property Is SectIon&Resolution No.03-39 is hereby
east of Sable Avenue, between Birch repealed.
Street and Colorado Boulevard(Road
13) melegaldescnptlanoftheproperty INTRODUCED,READ.and ADOPTED this
which is the subject of annexation and 11th day of December.2003.
zoning request is set forth below in Exhibit
A. ' Michael P.Simone
Mayor
Copies of the zoning,subdMslon and ATTEST'
developmentapplicotions,annexation Judy Hegwood
petition.and resolution finding that the Town Clerk
Legals 9010 Legal: 9010 Legals 9010
certain property for which a present evidence relative to THENCE NORTH 8744'46"
•
petition for annexation has the proposed annexation, or WEST, ALONG SAID
been filed with the Town, to the proposed zoning if re- NORTH LINE A DISTANCE
be known as the Sable Glen quested in the petition. OF 928,01 FEET TO THE
Annexation to the Town of Section 6. Upon completion NORTHWEST CORNER OF
Firestone, meets the ap- of the hearing,the Board of SAID SOUTHWEST 114 OF
plicable requirements of the Trustees will set forth, by THE SOUTHEAST 114 OF
statutes of the State of Colo- resolution, its findings and SECTION 12;
redo and is eligible for conclusions with reference to THENCE SOUTH 00100'54'
annexation to the Town,and the eligibility of the proposed WEST, ALONG THE WEST
to determine the zoning for annexation,and whether the LINE OF SAID
the proposed annexation. statutory requirements for SOUTHWEST 114 OF THE
The zoning requested is the proposed annexation SOUTHEAST 114 OF SEC-
Planned Unit Development, have been met,and further, TiON 12, A DISTANCE OF
with Residential-A Uses will determine the appro. 1341.24 FEET TO THE
(PUD-RA) and Open Space priate zoning of the subject TRUE POINT OF BEGIN-
(PUD-OS). property if requested in the NING;
Any person may appear at petition. CONTAINING 1,746,999
the Public Hearings and be Section 7. It the Board of SQUARE FEET OR 40.106
heard regarding the matters Trustees concludes, by ACRES,MORE OR LESS.
under consideration, The resolution, that all statutory Published in the -Daily
approximate location of the requirements have been met Times-Call, Longmont,
property is east of Sable Ave- and that the proposed annex- Colorado, December 16, 23,
nue, between Birch Street ation is proper under the 30, 2003,January 6,2004.
and Colorado Boulevard laws of the State of Colorado,
(Road 13). The legal the Board of Trustees may
description of the property pass one or more ordinances
whiCh is the subject of annex annexing the subject prop-
ation and zoning request is erty to the Town of Fire-
set forth below in Exhibit A. stone, and will pass one or
Copies of the zoning, sub- more ordinances zoning the
division and development ap- subject property if requested
plications, annexation peti- in the petition.
tion, and resolution finding Section 8. Resolution No.
that the annexation petition 03-39 is hereby repealed.
is in substantial compliance INTRODUCED, READ,
with the applicable laws of and ADOPTED this 11th day
the State of Colorado are on of December,2003.
file and available for public Michael P.Simone
inspection in the office of the Mayor
Town Clerk, 151 Grant Ave- ATTEST:
nue, Firestone, CO 80520, Judy Hegwood
during regular business Town Clerk
hours. EXHIBIT A
Dated the 12th day of LEGAL DESCRIPTION
December,2003. SABLE GLEN
TOWN OF FIRESTONE, ANNEXATION
COLORADO KNOWN ALL MEN BY
Judy Hegwood THESE PRESENTS, THAT
Town Clerk I, ISAAC MORADI BEING
RESOLUTION NO. 03-50A THE SOLE OWNER AND
RESOLUTION FINDING PROPRIETOR OF THE
SUBSTANTIAL COMPLI- FOLLOWING DESCRIBE
ANCE FOR AN ANNEX- LAND,TO WIT:A PARCEL
ATION PETITION FILED OF LAND LOCATED IN
WITH THE TOWN OF FIRE- THE SOUTHWEST 114 OF
STONE, COLORADO, THE SOUTHEAST 114 OF
KNOWN AS THE SABLE SECTION 12, TOWNSHIP 2
GLEN ANNEXATION TO NORTH, RANGE 68 WEST
THE TOWN OF FIRE- OF THE 6TH PRINCIPAL
STONE, AND SETTING A MERIDIAN, COUNTY OF
PUBLIC HEARING WELD, STATE OF COLO-
THEREON. RADO, BEING MORE
WHEREAS, a petition for PARTICULARLY DE.
annexation of certain prop- SCRIBED AS FOLLOWS:
erty to be known as the Sable BEGINNING AT THE
Glen Annexation has been SOUTHWEST CORNER OF
filed with the Town Clerk of SAID SOUTHWEST 114 OF
the Town of Firestone,Colo- THE SOUTHEAST 114 OF
redo, and referred to the SECTION 12 AND CONSID-
Board of Trustees of the ERING THE SOUTH LINE
Town for a determination of OF SAID SOUTHWEST 114
' substantial compliance with OF THE SOUTHEAST 114
applicable law; and
kph WHEREAS, the Board of EAST; THENCE SOU H
Trustees wishes to permit si- t9,30'56" EAST, ALONG
multaneous consideration of SAID SOUTH LINE A DIS•
TOWN OF the subject property for TANCE OF 1331.43 FEET TO
FIRESTONE,COLORADO annexation and zoning,if re- THE SOUTHEAST CORNER
NOTICE OF quested in the petition; and OF SAID SOUTHWEST 114
PUBLIC HEARINGS WHEREAS, the Board of OF THE SOUTHEAST 114
BEFORE THE TOWN OF Trustees has reviewed the OF SECTION 12;
FIRESTONE petition and desires to adopt THENCE NORTH 00'07'45'
PLANNING ZONING by Resolution its findings in WEST, ALONG THE EAST
COMMISSION regard to the petition. LINE OF SAID
AND ZONING OF PROP-A PRO- NOW, THEREFORE, BE SOUTHWEST 114 OF THE
POSED AND BEFORE THE IT RESOLVED BY THE SOUTHEAST 114 OF SEC-
ERTY TOWN OF FIRESTONE BOARD OF TRUSTEES OF TION 12, A DISTANCE OF
WN OF TRUSTEES ONTHE TOWN OF FIRE- 1246.62 FEET TO THE
A PROPOSED TREESON STONE,COLORADO: SOUTHEAST CORNER OF
ATION AND ZONING ANNEX-OF Section 1. The petition, the OUT LOT G, BOOTH
PROPERTY legal description for which is FARMS, SECOND FILING
Notice is hereby given that attached hereto as Exhibit A RECORDED AT RECEP-
the Planning and zoning and incorporated herein by TION NO. 2909675 IN THE
Commission of the Town of reference, is in substantial WELD COUNTY CLERK
Firestone will hold a Public compliance with the ap- AND RECORDER S OF
commencing a17:30 plicable laws of the State of FILE, SAID CORNER IS
Hearing Wednesday,mme Ja t 7:30 Colorado. MONUMENTED WITH A
p.m.,21, 2004 at the Firestone Section 2. No election is re- .112 RE BAR 8. PLASTIC
Town Hall, 151 Grant Ave-
THENCE antler 6 31'12-107f21, CAP, STAMPED LS 23513;
nue, Firestone, Colorado THENCE NORTH 89`44'46"
nue, ire the Section 3. No additional WEST, A DISTANCE OF
Public 0 Hearing purpose coonsider terms and conditions are to 400.00 FEET TO THE
a request i zoning prop- be imposed except any pro- SOUTHWEST CORNER OF
arre proposed annexedprop- vided for in the petition. SAID OUT LOT G, SAID
erty Town tond bewnnered Section 4. The Board of CORNER IS MONUMEN-
T Sable Glen Annexation. The Trustees will hold a public TED WITH A 112 REBAR&
Sable Glen
nne is Planned hearing for the purpose of PLASTIC CAP, STAMPED
Unit Development, with determining if the proposed LS 23513;
Unit (PUD- annexation complies with THENCE NORTH 00`07'45"
Res and al An Uses ese (PUD- Sections 31.12.104 and WEST, A DISTANCE OF
OS). 31-12'105, C.R.S., and will 100.00 FEET TO THE ,
hold a public hearing to NORTHWEST CORNER OF
Further Notice is hereby
given that the Board of determine the appropriate SAID OUTLOT G. SAID
Trustees of the Town of Fire- zoning of the subieci prop- CORNER IS MONUME N-
stone will hold a Public Hear erty,if requested in the peti• TED WITH A 112 RE BAR &
ing at 7:30 Hall,
at the Firestone Town PLASTIC GAP. STAMPED
p.m.,commencing enci t 22, Hall,151 Grant Avenue,Fire- LS 23513, SAID CORNER IS
2004 at the Firestone Town stone, Colorado 80520, on ALSO A POINT ON THE
Hall,151 Grant Avenue,Fire- Thursday, January 22, 2004, NORTH LINE OF SAID
]:
stone, Colorado 80520. The at ]0 P.M. SOUTHWEST 114 OF THE
purpose of the Public Hear- Section 5. Any person may SOUTHEAST 114 OF SEC-
ing is to determine whether appear at such hearing and TION 12;
Annexation Impact Report
Sable Glen Annexation
Town of Firestone
December 26, 2003
Sable Glen Annexation
To the Town of Firestone
Weld County, Colorado
1.0 Project Description
The location of the proposed Sable Glen Annexation is shown on Exhibit A (Annexation
Maps). The area to be annexed includes approximately 40.1 acres of predominately
vacant land and County road right-of-way in unincorporated Weld County. Consistent
with the Municipal Annexation Act and agreed upon policy between the Town and the
County,the Town will not annex "one-half' of any County roadway.
In conjunction with the proposed annexation, the zoning for the subject property is
anticipated to change from Weld County Agricultural zoning to Town of Firestone
Planned Unit Development zoning. Land uses associated with the proposed zoning in
Firestone are residential and open space. Current activity on the property includes
agriculture activities with related accessory uses. The Town Board will review the
annexation and zoning proposals in relation to the Town's current land use and
development policies and intergovernmental agreements. The Outline Development Plan
for the property is shown as Exhibit B. A referral relative to the proposed land use for the
property has also been sent to the County for comment.
The land uses proposed are generally consistent with the Firestone Comprehensive Plan
Map.
2.0 Municipal Services
Municipal services for The Sable Glen Annexation will be provided in the following
manner at the time of development of the Property:
Electricity United Power
Natural Gas Kinder Morgan
Telephone Qwest
Water Town of Firestone
Sewer St. Vrain Sanitation District
Fire Mountain View Fire Protection District or Frederick
Firestone Fire Protection District
Police Town of Firestone
Street Maintenance Town of Firestone
Financing for the extension of and/or the improvement of the municipal services will
primarily be the responsibility of the property owner/developer, through appropriate
agreements and financing and completion guarantees. Additional funding for provision of
Sable Glen
Annexation Impact Report
12/26/03 1
municipal services provided by the Town will be financed through impact fees, taxes,
charges and/or special improvement districts, if necessary.
The owner/developer will primarily be responsible for the costs of water and service
facilities serving the property. A general map showing approximate existing or planned
locations of ditches, transportation facilities, water and sewer facilities and other known
utilities is also shown on Exhibits B and C. Access to the property will have to comply to
the Town's Access Code and Ordinance.
3.0 Special Districts
The area proposed to be annexed is within or will petition for inclusion into the following
special districts, as appropriate:
• Weld Library District
• St. Vrain Valley School District
• Northern Colorado Water Conservancy District
• Mountain View Fire Protection District
• St. Vrain Sanitation District
• Carbon Valley Recreation District
4.0 School District Impact
The Town of Firestone will send a referral regarding this annexation and the currently
proposed land uses to the School District for comments. The response, from the School
District should be forthcoming. The density of the proposed annexation is still being
considered by the Town. Based on the developer's land use projections, the Town
estimates the total number of students will be 60 (30 elementary, 15 middle school and 15
high school).
5.0 Annexation Agreement
Although all the details of an annexation agreement between the Town and the applicant
have not been negotiated, the Town of Firestone's standard annexation agreement is
attached as Exhibit D.
6.0 Intergovernmental Agreement with Weld County
The Town has entered into an Interim Coordinated Planning Agreement with, Weld
County, et al. This Agreement sets forth a Firestone Urban Growth Boundary. The Sable
Glen Annexation is within that boundary.
Sable Glen
Annexation Impact Report
12/26/03 2
Exhibit C
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Residences
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Basemep:ALTA/ACSM LAND TITLE SURVEY
- Part of the SW/ of the SE V4, Section 12 N Scale 1 Inch= 200 feet
Township 2 North, Range 68 West of the 6th P.M.
County of Weld, State of Colorado —elMIll ion.�
Foresite West Surveying, Inc. (No Date Given) u 100 0 100 200
NVEVEITERN T
AND
ECOLOGY, INC. Figure 2 - Site Map
2217 West Powers Avenue 5691 Weld County Road 22
Littleton, Colorado 80120 Weld County, Colorado
Exhibit D
ANNEXATION AGREEMENT
(Standard Form January 2,2004)
THIS AGREEMENT is made and entered into this day of
by and between , hereinafter referred to as
or "Owner," and the TOWN OF FIRESTONE, a municipal corporation
of the State of Colorado,hereinafter referred to as "Firestone" or"Town".
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone the property more particularly
described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof
(such property is hereinafter referred to as "the property"); and
WHEREAS, Owner has executed a petition to annex the property, a copy of which petition
is on file with the Town Clerk; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement; and
WHEREAS, Owner acknowledges that upon annexation, the property will be subject to all
ordinances, resolutions, and other regulations of the Town of Firestone, as they may be amended
from time to time; and
WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain
property, including but not limited to property for ways and easements to Firestone as contemplated
in this Agreement, are directly related to and generated by development intended to occur within
the property and that no taking thereby will occur requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the property to the Town. Except as expressly provided for herein to the contrary,
all terms and conditions herein are in addition to all requirements concerning annexation contained
in the Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the
1
Municipal Annexation Act of 1965, as amended, C.R.S. Section 31-12-101 et sue.
3. Further Acts. Owner agrees to execute, promptly upon request of Firestone, any
and all surveys and other documents necessary to effect the annexation of the property and the other
provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the
property or any petition for an annexation election relating to the property, except upon request of
Firestone.
4. Annexation Documents. Owner agrees to provide legal documents, surveys,
engineering work, newspaper publication, maps, and reports determined by Firestone to be
necessary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation
impact report.
5. Action on Annexation Petition. Firestone shall act upon the annexation
petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents
to later action.
6. Zoning and Development. The parties recognize that it is the intent and desire of
Owner to develop the property in a manner generally consistent with the zoning requested and that
the granting of such zoning by the Town of Firestone is a condition to annexation of the property.
Owner shall take all action necessary to permit zoning by Firestone of the annexed property within
the time prescribed by state statutes.
7. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate
instrument of conveyance acceptable to the Town, ten percent of the territory to be annexed for
public open space or pay an equivalent fee in lieu of dedication, in addition to easements and rights-
of-way for streets and other public ways and for other public purposes, as required by Town
ordinances and resolutions. Such dedications shall occur immediately upon request of the Town
except that internal rights-of-way shall be dedicated at the time of subdivision platting, unless the
Town specifies another time.
8. Public Improvements. Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other public ways within or adjacent to the
property in accordance with Town ordinances and resolutions and other applicable standards,
subject to any reimbursement which may be provided for in such ordinances, resolutions, and
standards, and to make such other improvements as required by Town ordinances and resolutions,
to guarantee construction of all required improvements, and, if requested by Firestone, to dedicate
to Firestone any or all other required improvements. If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other matters prior to any
development of the property.
2
9. Improvement Districts. If requested by Firestone, Owner agrees to include
the property in one or more special improvement districts or other mechanisms established by
Firestone for making improvements to streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as
Owner's attorney-in-fact for the purpose of executing all documents determined by Firestone to be
necessary for such inclusion. If requested by Owner, Firestone agrees to consider the establishment
of one or more special improvement districts for making such improvements.
10. Conformity with Laws. Owner agrees that the design, improvement,
construction, development, and use of the property shall be in conformance with, and that Owner
shall comply with, all Town ordinances and resolutions including, without limitation, ordinances
and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to
Town Streets and flood control.
11. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's
legislative, governmental, or police powers to promote and protect the health, safety, and welfare of
the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the
Town of any tax or fee.
12. Disconnection.No right or remedy of disconnection of the property from the Town
shall accrue from this Agreement, other than that provided by applicable state laws. In the event the
property or any portion thereof is disconnected at Owner's request, Firestone shall have no
obligation to serve the disconnected property or portion thereof and this Agreement shall be void
and of no further force and effect as to such property or portion thereof.
13. Severability. The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part,term,portion, or provision held to be invalid.
14. Municipal Services. Firestone agrees to make available to the property all of the
usual municipal services in accordance with the ordinances and policies of the Town which services
include, but are not limited to, police protection and water services. Water service to the property
shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules,
regulations, agreements and policies governing such use, as in effect from time to time. Owner
acknowledges that Town services do not include, as of the date of the execution of this Agreement,
fire protection, emergency medical services or sanitary sewer services, but the property is presently
included within the boundaries of and is entitled to receive such services from the
Fire Protection District and the Sanitation District.
15. Water Rights. Owner shall dedicate water rights as set forth in this section.
3
A. Residential Uses. Owner, as a prerequisite to annexation, agrees to furnish and
transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.A
of the Firestone Municipal Code with respect to any residential development on the property. All
such water transferred to the Town shall be Northern Colorado Water Conservancy
District/Colorado Big-Thompson water shares or such other shares as the Town in its sole
discretion may accept. Title to the required water rights, free and clear of all liens and
encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any
residential area. No subdivision plat shall receive final approval until the Town becomes the titled
owner of all water required for the platted area.
B. Commercial and Industrial Uses. Owner, as a prerequisite to annexation, agrees
to furnish and transfer ownership to the Town of the minimum water rights as required under
Section 1.08.050.B of the Firestone Municipal Code with respect to any portion of the property
zoned commercial or industrial. This requirement shall be met at the time of annexation. If no
portion of the property is zoned at the time of annexation for commercial or industrial use, the
requirements of this subsection B shall be met at the time of rezoning of any portion of the property
for commercial or industrial use.
C. Appurtenant Water Rights/Right of First Refusal. Owner represents that there are
appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and
set forth on Exhibit "B", which is attached hereto, incorporated herein, and made a part hereof
(hereinafter referred to as "the Water Rights"). Owner further represents that the Water Rights
constitute all of the water rights appurtenant to the Property, that the Water Rights are and will be
used in connection with current uses of the Property until the Property is developed.
If the Owner at any time determines to sell or transfer all or any portion of the Water Rights for any
use other than a use upon the Property, then the Owner shall provide the Town with written notice
of Owner's intent to make such a sale or transfer. The notice shall include a description of the
Water Rights proposed for sale or transfer,the proposed sale or transfer price, and all other material
terms and conditions of the proposed sale or transfer. For a period of sixty(60)days after receipt of
such notice, the Town shall have the first right to purchase the Water Rights intended for sale or
transfer.
The Town may purchase the Water Rights intended for sale or transfer upon terms and conditions
that are mutually acceptable to Owner and the Town, but which are in no event less favorable than
the terms and conditions of Owner's intended sale or transfer to any third party who is a bona fide
purchaser for value. In the event the purchase price cannot be determined by reference to an offer
by a bona fide purchaser, the purchase price to be paid by the Town shall be established by a
qualified water rights appraiser selected by agreement of the Town and Owner within ten (10) days
after Town receipt of Owner's notice of intent to sell or transfer the Water Rights. In the event the
Town and Owner are unable to agree upon an appraiser, then each party shall within fifteen (15)
days of Town receipt of such notice select its own appraiser, and the two of them shall appoint a
4
single appraiser within twenty (20) days of Town receipt of such notice. In the event Owner and
the Town have not entered into an agreement within sixty (60) days of the Town's receipt of
Owner's notice of intent to sell or transfer the Water Rights, then the Town's first right to purchase
the Water Rights shall terminate. The Owner may thereafter proceed to sell or transfer the Water
Rights on terms and conditions no more favorable than the terms and conditions last offered to the
Town.
The Owner and Firestone agree that the above provisions shall apply in lieu of the requirement in
Firestone Municipal Code Section 1.08.050.C, requiring the Owner offer to sell appurtenant water
rights at the time of annexation. The right of first refusal under this Paragraph shall terminate upon
the consummation of the sale to a third party of all or that portion of the Water Rights conveyed of
the above-described Water Rights, but only as to the portion and interest so sold, and only after full
compliance with the terms of this right of first refusal, and provided the sale is on the same terms
and conditions and for the price set forth in the notice sent to the Town; however, if such sale is not
consummated, this right of first refusal shall remain in effect. In any event, all rights under this
Paragraph shall terminate ninety years from the date of this Agreement.
16. Special Provisions. [Leave blank for special provisions.]
17. Owners Association. If required by state law, Owner shall organize an appropriate
unit owners association or associations for given parcels and/or unit types within the development
of the Property. Owner shall form any such association(s) pursuant to the Colorado Common
Interest Ownership Act ("Act"). C.R.S. Section 38-33.3-101 et sue. The Owner shall also execute
and record covenants and instruments of conveyance which comply with the Act and which
adequately provide for continuous ownership, operation, maintenance, repair and replacement of
common elements of the development, including but not limited to any private roads, private
common areas and private facilities. At least ten (10) days prior to recording any covenants or
instruments of conveyance to the association(s), Owner shall provide such documents to the Town
Attorney for review and comment.
18. Special District Inclusion. Within ten (10) days after written request by the Town,
Owner shall apply for inclusion of the property within the Northern Colorado Water Conservancy
District, the Sanitation District, the Carbon Valley Recreation District (if the
property is not yet within one or more of these district), and any other special districts as determined
by the Town.
19. Future Cooperation. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
20. Amendment. This Agreement may be amended by the Town and any Owner
without the consent of any other Owner as long as such amendment affects only that Owner's
portion of the property. Such amendments shall be in writing, shall be recorded with the County
5
Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding
upon all persons or entities having an interest in the property subject to the amendment unless
otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall
not be amended unless approved in writing by all parties hereto.
21. Entire Agreement. This Agreement embodies the entire agreement of the
parties. There are no promises, terms, conditions, or obligations other than those contained herein;
and this Agreement supersedes all previous communications, representations, or agreements, either
verbal or written,between the parties.
22. Indemnification. Owner agrees to indemnify and hold harmless the Town and
the Town's officers, employees, agents, and contractors, from and against all liability, claims, and
demands, including attorneys' fees and court costs, which arise out of or are in any manner
connected with the annexation of the property, or with any other annexation or other action
determined necessary or desirable by the Town in order to effectuate the annexation of the property,
or which are in any manner connected with Firestone's enforcement of this Agreement. Owner
further agrees to investigate, handle, respond to, and to provide defense for and defend against or at
the Town's option to pay the attorneys' fees for defense counsel of the Town's choice for, any such
liability,claims, or demands.
23. Owner.As used in this Agreement, the term "Owner" shall include any of the heirs,
transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this
Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties
thereto.
24. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution, or policy is
intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or
policy, and the parties agree that such amendments or revisions shall be binding upon Owner.
25. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants
running with the land. This Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be
enforced in any court of competent jurisdiction.
26. Failure to Annex. This Agreement shall be null and void if the Town fails to
approve the annexation of the property.
27. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
6
transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the
United States mail with the proper address as set forth below. Either party by notice so given may
change the address to which future notices shall be sent.
Notice to Town: Town of Firestone
P.O. Box 100
Firestone, CO 80520
With copy to: Light, Harrington&Dawes, P.C.
1860 Blake Street,#550
Denver, CO 80202
Notice to Owner:
With copy to:
28. Election. Owner agrees that it is voluntarily entering into this Agreement. Owner
represents and submits that, to the extent an election would be required pursuant to C.R.S..31-12-
112, as amended,to approve the annexation or to impose terms and conditions upon the Property to
be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and
would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any
election would necessarily result in a majority of the electors' approval to the annexation and the
terms and conditions.
29. Legislative Discretion.The Owner acknowledges that the annexation and zoning of
the property are subject to the legislative discretion of the Board of Trustees of the Town of
Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the
event that, in the exercise of its legislative discretion, any action with respect to the property herein
contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise
of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection
from the Town in accordance with state law, as may be appropriate.
30. No Third-Party Rights. This Agreement is made solely for the benefit of the parties
hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not
named as parties hereto.
31. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
7
shall be in Weld County, Colorado.
32. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
33. No Warranties by Town. The Town is entering into this Agreement in good faith
and with the present intention, on the part of the present Town Board, that this Agreement will be
complied with. However, because some of the provisions of this Agreement may involve areas of
legal uncertainty, the Town makes no representation as to the validity or enforceability of this
Agreement against the Town, and by entering into this Agreement the Owner acknowledges and
accepts that no such warranty is made on the part of the Town.
OWNER
By:
TOWN OF FIRESTONE
By:
ATTEST:
Town Clerk
8
ACKNOWLEDGEMENT(Owner)
STATE OF COLORADO )
)ss
COUNTY OF )
The above and foregoing signature of
was subscribed and sworn to before me this day of
Witness my hand and official seal.
My commission expires on:
(SEAL)
010204/1444[sj 1]F:\Users\Sam\W PDocs\Fireston\Forms\Annex.agm
9
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
10
EXHIBIT B
DESCRIPTION OF APPURTENANT WATER RIGHTS
11
1
Exhibit B
Large maps available for viewing in the
Clerk to the Board's Office, Public Review
file.
Exhibit A
Hello