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Home My WebLink About20011873.tiff , . 4n, . . , „ , , ,.4. a., City of -, t.' c: 2? Greeley r ,E _ _, , July 6, 2001 Weld County Commissioners 915 10th Street Greeley, CO 80631 Subject: Bastdofba Annexation Dear Commissioners: Enclosed, please find information pertaining to the Bastdofba Annexation (212.11 acres), which is located southeast of 28th Street and 83`d Avenue. This annexation will be considered by the City of Greeley Planning Commission on July 10, 2001, and the City Council on July 17, 2001, where the ordinance will be introduced and the public hearing will be on August 7, 2001. The applicants and property owners have indicated the proposed use at this time is the continuance of the existing agricultural operations. If any questions arise concerning this proposed annexation, please contact me at(970) 350- 9786. Sincerely, Gre o pson Pla 'ng anager enclosure 2001-1873 S FRYING O UR COMMUNITY • I T ' S A TRADITION n bepzynise to preserve and improve fie yuably of l/elor ¶i•eeley l/rouyA thnelr4, coarleoas and csi c//cclioe service. /irk/� ( � tt ' <,t " /21i/rr;eQ)f/L C'-'I y�- /II. (ft) ANNEXATION IMPACT SUMMARY BASTDOFBA ANNEXATION PROPERTY OWNERS Jerald and Joanne Stugart Carlton and Patricia Barnett David and Rebecca Funderburk Robert and Linnea Dollard Frank and Gayle Baxter REPRESENTATIVES Jerald and Joanne Stugart Betsy Holder, City Clerk on the behalf of Carlton and Patricia Barnett, David and Rebecca Funderburk, Robert and Linnea Dollard, and Frank and Gayle Baxter LOCATION Southeast of 83r° Avenue and 28'h Street ACREAGE 212.11 Acres EXISTING USES Agricultural Production, Single-Family Residences AVAILABLE UTILITIES City of Greeley Water, City of Greeley Sewer, Greeley Gas Company, QWest, Poudre Valley REA, TCI Cablevision TAXING DISTRICTS Aims Junior College, Milliken Fire, Milliken Fire Bond, North Colorado Water Conservancy, School District 6, School District RE-4J (Windsor), Weld County, Weld Library, West Greeley Soil, Windsor Library INTENDED/PROPOSED USES The property owners have stated their intention to maintain the existing uses on the property at the current time. COMPREHENSIVE PLAN The site lies within the City's Long-Range Expected Growth Area (LREGA), Urban Growth Area (UGA), and Mid-Range Expected Service Area (MRESA) and outside of the current Municipal Services Suitability Area (MSSA). Generally speaking, the existing land uses are compatible with existing surrounding land uses both within City limits and in unincorporated Weld County. Access is currently possible from Two Rivers Parkway and 28`h Street. At some point in the future, 32n° Street may also provide access to this area. The 2015 Comprehensive Transportation Plan the Two Rivers Parkway as a major arterial, and 32n" Street as a major collector street. The plan identifies 28th Street as a major collector west of the Two Rivers Parkway, but does not include it adjacent to this annexation. The Comprehensive Plan encourages development to effectively mitigate any adverse environmental impact when development occurs in environmentally sensitive areas. Portions of this annexation are designated as high ecological impact according to the City of Greeley's Areas of Ecological Significance map. SURROUNDING LAND USES North - Single-Family Residences, Agricultural Production, Oil and Gas Production South - Agricultural Production East - Agricultural Production, Single-Family Residence West - Agricultural Production, Rural Residence SURROUNDING ZONING Weld County Agricultural and anticipated City of Greeley Holding Agricultural ANALYSIS The site is adjacent to existing city limits on the west and north, and has approximately 33% contiguity when done as the second annexation of a serial annexation with the Lundvall LLC Annexation. The annexation is within the City's Long-Range Expected Growth Area, Urban Growth Area and Mid-Range Expected Service Area and outside of the current Municipal Services Suitability Area. Developers of the property will be responsible for extending utility services to the property. The land use envisioned by the property owners for this site at the current time is the continuation of the existing uses. Since there are no development proposals for this property at this time, the impact on the affected school district cannot be determined. With the anticipated Holding/Agricultural zone on the site, the impact at this time should be minimal. The annexation of this site into the City would be consistent with present growth patterns and Comprehensive Plan policies, which encourage future development in areas identified for such uses. There is clear evidence that this site shares a common interest with the City's future. The requirements of State statutes and City of Greeley guidelines for annexation appear to have been met by this requested annexation. ATTACHMENTS Annexation Petition - See Attachment D Maps - See Attachments A, B, & C t II I -- _ hment I AN.2y v th St. Attac Vicinity Map GS cc Fafoutis Annexations I Lundvall Annexation h ,, r/ Hurst Annexation BASTDOFBA'Annexationj f Meyers Annexation ‘ . \Proposed Lundvall LLC Annexation Proposed Annexations: - The BASTDOFBA Annexation z:\ of N Parcel Line r_________x--1 1 inch equals 1,300 feet ,. f ; 4---';.t., d , • Roue Bated by theCity of Greeley 10118/00 %ity of Greeley (MS Program bast annex.mxd \• a-r 11 !, 00 t I __ a r w: <' sSOf H .39 _ s p r � ! , I — , �•� • • 4 - f �< Z'. �� - FEE ---,, 3 _ J ' ehe oad Riv � � a t •• is l• o I>tns" 1 �r,a :, - - _ — .\\' — --- ---7--::;g.�,- IL5.34__.P" a ceptioq _: i:-cii L^ yam • -a ilicc\I? �,. - .. _ 1: Ifiry_ l� ,e ' O� County'Li8��em .a � i J ! J` I N e r • I a v '1 e V VV E•' Johnstown •all r- -! �-y-. 4 / Milliken 1 0 1 2 3 4 5 MWeS CITY OF GREELEY - 2020 URBAN GROWTH AND SERVICE AREA O $ Municipal Services Suitability Area(MSSA-Range of Municipal Urban Growth Area(UGA-Full complement of land uses to be developed at CI) n `°..'% ` ` ` ` ` ` ` Services currently available in this area as of 2000)* • urban densities) Mid Range Expected Service Area(MRESA-Area within which Greeley Municipal Area of Influence(GMAI-Area within which the City may he >1.i a full range of municipal services isexpected to be provided with development through utility provisions and related services) 5 years as of 2000)• ��'------��' CD — Long Range Expected Growth Area(LREGA- Area within I I Strategic Employment Development Corridor(SEDC-Area intended ! el- '''""' for industrial and employment uses) 9 bi which community growth is expected for the next 204-years - Se bt em and which encompasses all other growth and service areas) Current City of Greeley Municipal Limits V M •Reviewed for annual amendment - W • BASTDOFBA ANNEXATION A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 20 AND IN ADJACENT PARTS OF SECTIONS 17, 18, AND 19, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO a i =g' =`'I t I • r: L;: Ir"i�\11)11#�) `'' ` 1r� / W ;. 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Attachment D PETITION FOR ANNEXATION Bas tdofba ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters. 101 et. seq., Colorado Revised Statutes, 1973, as amended, hereby petition the City Council of the City of CDreeley for annexation to the City of Greeley of the territory described herein and described and shown on the map designated, " Annexation." Four.(4) copies of said map are submitted herewith and by this reference are Incorporated herein. The description of the territory hereby petitioned for annexation to the City of Greeley is set forth in Exhibit A attached hereto and incorporated herein by reference. hi support of this petition, the Petitioner(s) allege® that: 1. It is desirable and nerresary that the above-described territory be annexed to the -City of Greeley. 2.. The requirements of Section 31-12-104 and 31-12=105 of the Colorado Revised Statutes exist or have been met in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Greeley. _ B. A community of interest exists between the territory proposed to be annexed and the City of Greeley. C. The territory sought to be-annexed is urban or will be urbanized in the near . futare. • D. The territory :sought to be annexed is integrated or is capable of being integrated with the City of Greeley. 3. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate; has/have been divided into separate parts or parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, rdad, or other public way: 4. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate • or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon have an assessed valuation in excess of$200,000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, /7 has/have been included within the territory proposed to be annexed without the • written consent of the land owner or land owners. 5. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the City of Greeley was held within the twelve months preceding the filing of this petition. 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a city other than the City of Greeley. 7. The territory proposed to be annexed is not presently a part of any incorporated city, city and county, or town. 8. The property owned by each petitioner is described on each•separate signature - sheet and, when needed, described more fully in the exhibits attached hereto and incorporated herein by reference. 9. The signer(s) of this petition comprise(s) more than fifty percent(50%) of the land owners and owning more than fifty percent(50%) of the property, excluding public streets and alleys, and any land owned by the annexing municipality, and are, in fact, owners of one hundred percent (100%) of the property set forth in Exhibit A attached hereto and incorporated herein by reference.: Accompanying this [Petition are the original and four copies of an annexation plat 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. C. Within the annexation boundary map, an identification of the location of each ownership tract is 'in•lathed land and, if part or all of the area is platted, the boundaries' and the p numbers of plots or of lots and blocks: Also within . the , identification of any special districts the area proposed to • be annexed may be part of. I). Next to the boundary of the area proposed to be annexed, a drawing contiguous boundary of the annexing municipality and the contiguous of any other municipality abutting the area proposed to be annexed. B. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth (1/6) contiguity • to the City of Greeley. F. Acceptance block describing the acceptance action of the City of Greeley and providing for the effective date and City Clerk and Mayor attest signatures. G. Notary public signature block, attesting to the authority of the Mayor to execute acceptance of the annexation. 10. Bxcept as otherwise provided, no part of the territory sought 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 become effective. 11. As an expressed condition of annexation, land owner(s) consent(s)to inclusion into the Northern Colorado Water Conservancy District.and the municipal subdistrict pursuant to Section 3745-136 (3.6)C.R.S. Land owner(s) aclmowledge(s) that, upon inclusion into the district and subdistrict, land owner's(s') property will be subject to the same mill levies and special assessments as are levied or.will be levied on other similarly situated perty in the district and subdistrict at the time of inclusion of land owner's(s') lands. Land owner(s) agree(s) to waive • to an election which may exist to requ an.election pursuant to Article X� 20,of the Colorado Constitution before district and subdistrict cane such mill levies and special assessments as it.has the authority to impose. owner® also agrees) to waive, upon inclusion, any,.right which may. to a refund • pursuant to Article X, Section 20, of the Colorado Constitution. TIMEEFORB, the undersiped respectfully petition(s) the City. Council of the City of Greeley, to annex the temtory described and referred to in Exhibit A to the. City of Clreeley in accordance with and pursuant to the statutes of the State of Colorado. Land Owner(s) Name(s) and Signatures) Mailing Address . Pate of Signing iblVJ .i7. rt IY7OD Gaza 9--/9dt 1 - The • _ ice= S - „ ( W ` Y and sworn to before me " d� IV L"� I(fyry of Witne ss ATE of ( z ,;. my V.n❑ 1.1 official seal• MY COMMISSION EXPIRES: August 31,2001 My commission expires Land Owned • ,i i 'F7frr. If necessary, attach separate sheet. ... SEP 1 9 2000 / JI In, I 10. Except as otherwise provided, no part of the territory sought to be annexed is more than three miles from a point on die municipal boundary, as such was established more than one year before this annexation will become effective. 11. M an expressed condition of annexation, land owner(s) consent(s) to inclusion into • the Northern Colorado Water Co District and the municipal subdistrict pursuant to Section 3745-136 (3.6)nC.R. land owners) acknowledge(s) that, upon inclusion into the district and subdistrict, land owner's(?) property will be subject to the same mill levies and.special assessments as are levied or.will be • levied on other similarly situated p rty in the district and subdistrict at the time of inclusion of land owner's(?) lands Land owner(s) agr+ee(e) to waive w rrt�g�t to an election which may exist to require�an.election pursuant to Article X Section 20, of the Colorado Constitution the district and subdistrict can}�rep such mill levies and special assessments as it has the authority to impose. Land owner(s) • also agree(s) to waive, upon inclusion, .any light which may.exist to a.refund • pursuant to Article X, Section 20, of the Colorado Constitution. TtIERBFOltl3, the respectfully petition(s) the City. Council of the City of Greeley, to annex the described and referred to in Exhibit A to the City of Greeley in accordance with and pursuant to the statutes of the State of Colorado. band'Owner(s).Name(s) and Signature(s) Midline Address . •Date of .wing At. A. 4a1.t.vil C pw: • pop /o+- ,,a • /o`O/ore t.IhlrtA) Qt. Zgofkitr g.200W. z $4 A..t, • ntiAint • Q. an,LL 464: 01-e, • Ja obst A i XS'd c IL la 8 t/kat • The foregoing by�v-asz subscrlbed and sworn to before me this (/n day' of O a•Ir,b-v- abki_t • Witness my hand and official seal: . • My commission expires c calinliss(4 Ec:rec Scpfsmbor 18,2602 otar J.and Owned • ir-decessary, attach separate sheet. . ' EXHIBIT B UA1.L, .t.A A.vl uu.u.L.11va.uuuv .kauu...- Ii ... .... ........ u,‘A . THIS AGREEMENT. Made this day of • 4 7a[h .Irbfl-bf sod between the Cllr i of Greeley;Colorado.hereinafter referred tens'tileand eifrha " di,+.lduttL hirW:.ner ' referred to as"Shareholder,"WLTNESSETH: IWHEREAS, the Olty of Greeley and the Greeley and Loveland irrigation Company entered into a contract dited June I 00, 1141 concerning City use of certain facilities'owned by the Shareholdare of the Orealer and Loveland Irrigation Compeer p, which is hereinafter referred to u "Sada Agreement" and, I WEERES, the City la considering construction of a distribution grid to furnish water to the inhabitants lotthi tree South ,i1 and West of the City as provided n paragon& u-B of the "bule Agreement,'and as ncotem<eded on Page I of the engineering • i report et Nelson, an Haley, Patterson d Quirk dated January, 1117• and. MI recommended to the Council by Greeley,.Water, 1 ,-,4 board February 1, MI. and, • - • i O WHEREAS, the Bhareholdere of record June 10, Ilia of the Ornly and Lowland Irrigation Company in the tree south r sad West of the City desire to obtain domestic water for their domesna can in accordance with the "Bute Agreement," and, WHEREAS, paragraph 4-D of "Basic time as the parties determine Is aecessay.time provided for supplemental contracts to be entered cote from time to o • o NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: m o 1. is accordance with the "Basic pe se Agreement," paragraph 3-11, the City-shall furnish water to the Shareholder for the o following rpoe only. . o - , For those dwellings existing upon the land at the date of this agreement and for 'two additional single family dwellings, b. For livestock and feeding►uess not to exceed Ise h Punnets end of cattle kept land or for any one NO calendar mouth, r mealoed cps the . D- L That upon annexation of say tract or area to the City of Oreely, the area annexed shall become entitled to all the Pt' water service provided by said City and water service to the remaining portion of Shareholders premises shall eoatinue; how- Oe— ever. Shareholder shall not, by rasa of this contract, acquire any vested or sdnne right to tontine the use of water from the Greeley Water System other than u provided in this contract .• A flat laaccordance with "Buda Agreement," Paragraph 4P, condon n ing bdltleloa agreements, Shareholder aeries: , That open ahoexatloa or any tract or pre, to annex to City in units et thanes unless officially platted sub- division of adifferent ale has been approved by the Greeter Planning Commission. • urban ales and when provisions of ea this least one paragraph We shall apply inwcluded w to ithin Shareholder, City Bmlte for be urpose when eating y enetevee or islands growing n or on the edge sit City: and.furthermore that one purpose of renting the premises shall ever•be embraced or Included within the.boandarin eta tract or p plat ich la engirt hereof n that to the City of Greeley,either by individual petition or by the City Itself,then and in that event,tthe Shareholderer specifically H axH ta the be win consent to loin n the annexation of such terribly by the City r Greeley, subject only to the co iancebyyaany t that petitioners with all of the Meal reguiremente pertaining to the annexation of territory to a municipal?. Furthermore. that Shareholder does hereby empower and irrevocable authorise and appoint the City Clerk of the City of Greeter. Colorado. his lawful attorney In fact, to him and his place and steed to alga any such annexation petition as may be initiated by the City Cont.II itself,embracing the above described land within the territory to he annexed to the City of Greeley. Colorado. and said Shareholder harohotdoe, all o rant the saidter City j`r OM power and authority to sign his name to soh petition, thereby binding s Shareholder as If he tohi .11 had signed ansaid provisions of said thoroughlyetition as tally a. be might-do himself and fob at, intent. and for the granting of the petitionts Shareholders cool being and proia to the odCatVC Greeley,Coloortaddo Shareholder covenants and agrees for himself, his successors and assign, that Ube felts to sign any such annexation petition when requested by the Cly,:or falls to abide by each and every covenant therein contained, then and in that event this privilege or right to use water may be terminated by the City of Greeley, Colorado, upon the airing of 30 days notice in writing of Its Intention • . so to do. , That upon annexation to City or subdivision within g miles of City limits, Shareholder agrees to dedicate such streets and highways and lights-of-way for drainage ways as are heretofore established by appropriate plan of the Greeley Planning Commission and to a waiver of right to eompeneation through eminent domain pneaedlugs for any buildings. Improve- • ments or structures built or constructed on or over any street,highway or drainage-way specifically provided In-any appropriate • established plan of the City Planning Commission, then on file in the office of the County Clerk and Recorder of Weld County, Colorado d.-Ueda the Shareholders premises or part thereof Wag annexed or subdivided,menu a condition for the continued - water service,Shareholder sham comply with all ordnance.and Omelet Flaming Commission regulations concerning the platting of land, toning, banding construction, permits, Inspections, fire. safety, health, traffi, use of water and other applicable • platters as fully se If said premise, were Scared within we City of Greeley, Colorado. a Upon the Shareholders premises ore part thereof being annexed or subdivided as defined herela men teacart of the consider on forreceiving wain taps end domestic water service from the City of Greeley. the Shareholder will provide raw water rights•not to exceed g can test of water per acts of land intolved• to be transferred to the City ape a condition of annexation or subdivision and as a condition le continue to use sad receive city water within the subdivided or annexed portio, • the Shareholder egress to transfer at that time the required water rights.The quantity of such water to be transferred shall be • computed at 100% of the then capacity of the water.companyrights traisferred and deliverable under the Greeley and Loveland Irritation system. - - . L (I) That if any of the area herein described shall become a part of another town or city,then City shag have she right to terminate the water service to that portion of that area that become a part of another city or tow, the water esce te eh(I) If Shareholder ennd Shareholder, then City shall have the right to terminate premises and Ml other terms r ibis contract shall be terminated- 4. That in accordance with "Basle Agreement," paragraph.LB,concerning tap fen and-plumbing regulations, Shareholder Wane •• a. To payall ghats or charges incident to making rep,and Installation of meters, as may be men is effect by ordla. • sure for the City of Greeley, and that said Installations shall be made under the supervision of the Director of the Water • Department, or such other:official se the City may dealenate• - b. To request and accept water tape on or along established Courtly roads opposite Shareholder's present farm residences and from this point of delivery Shareholder agrees to pay for the installation of necessary water lines to his point of use. a To accept-tee City water at the pressure as delivered In the distribution grid owned by City and if in the delivery of • water then la merman pressure that would cause damage to the plumbing of-Shareholder, the Shareholder agrees to furnish and'Install the necessary mediators or if additional pressure Is seeded Shareholder antes to furnish his owe anxlliay pump, L To comply with State of Colorado Plumbing Code and Permit Inspection by City of Greeley Plumbing Inspectot for sal facilities Or structures aging gay watt for the purpose of protecting the health of all users on the Greeley water system. • e. That the metered water rates u provided in paragraph B of the "Basic Agreement" shall tole established as pro- vided by the City of Greeley Charter adopted June 11, 115I. • L To apply for i water taper site, none of which exceed one Inch In else, to be used for domestic e pn ¢p rrses en ,thhce-Sha holders property described as follows, to-wit: - . lIMLG LLL ., . � . • • of Section n Township N , Norm Range - 6 /d it . t r the 4m P.M., County Of Weld,-State of Colorado A Alt/OVAL& — PBR friar 0 22415-0: '- 'Pv IiX-> L 6,+-,...7-46,+-,...7-41144e1, 3/1, u14 .4767rh,2. EGA, ell- —Q u,t.ovnu-) Rots-Hr -�1s./s'i - 3 e . &7n»s 3, bj,A•PV 1-i--1-i-- prA,n.,7 N w fa-i-7(v - 2. 83 - C 2Y-Y v6 - 3/y��' 7-/G -)7 - 7700 V- ia+-t= ,f]- i - g. To nee an estimated gallons of water per month through the above bps. 2 •.2- h. To Rant Oity'permiselon to use necessary rlghta.of•way along the bound Installation and maintenance of transmission lines and distribution , provided,of Shareholder's 0117 shall said burs for re 1 holder for crop damage grid eralem Ilnae. cur reimburse Share• and to irrigation r other structures of Sharehblder_ I. That prior to annexation or subdivision, Shareholder will compir.with all regulations-and ordinances adopted by City for the use of domestic water. 1 5. a. That In accordance with paragraph 4-A "Basic Agreement" it was the intent of City to acquire Greeley and Loveland Irrigation Company water rights.from time to tint* and add to the present water supply of the City of Oreeler, and as I • part of the consideration or this agreement and when Shareholder subdlvldbe or annexes to the City and If he ban more than t f acre feet of water per acre, and he owns other lends within the Oreeley-toveland District then he may transfer the amount elf water in excess of the g acre feet to such other land• provided. It said water is not so transferred as herein outlined, tben i i City shall perching and Shareholder shall sell said Irrigation water and project water at a price agreed upon between the su atpparties hereto but.If a price cannot be agreed upon'th the prints determined, a on appointed by a Judge of the by commissi I District Court as In an eminent domain proceedings. - - • b. In case the Shareholder wishes to remove the project water from the Crain-Loveland District, then the,Share• I II holder shall give the City the Bret opportunity to purchase. The price on said water shall be established at a price which the £ • Shareholder has a written offer from,, aend Is willing to accept from a third party.This opportunity nail be exercised by Resole-water7F'aiiluOllof the Council py to pan[said Resolutior n within i of t day,of ten sad a lice of intteent nail Shareholder release the his Shareholder. till the t I. That due to the quality of Boyd Lake water as shown in Table►, I use Boyd Lake and/or Boyd Lake Pumping plant as provided In Sections l an page of 1001/Insist A r Report lee[,City g be unable nt shall not be binding on either party hereto until an "operation is Ree G eel mass tolo ARn irri n ( Companyr as to the use of Lake Loveland, Seven Laes d Boyd Lake, concerning ed by City witdrawal oflawu�reiowpned by the City of°reeler. - • 7. That the definition of "subdivision''as referred to in paragraph 4-F version of the land to a bestow, commercial, Industrial or scientific use or of a commercial cattle shshall h feed yard, as defined in ln e CO.-e official resolution adopted by the Board of Conn' Commissioners, or an urban booting development . I. That all the lirmd gad'conditiohd hereof shall extern'to and"be bindlgg Upon the heirs, assigns and successors to interest of the parties hereto.• A Wb the word, he, his, or him, Is used herein, sock word shalt also mean and include the words, she. they. hen, theirs or them, and the singular shell likewise mean and Include plural • IN WITNESS WHEREOF,the patries heretohave nosed thie Agreement to be executed in duplicate. i . �- p °• -- • • s CITY OF-CREEI.E7, COLORADO 1 • • •, . By . Yam • ATTEST: ." .. CRT Clerk • Approved as to substance: I B. H. Crime ' QV manse Approved as to form: -- • • Thomas'A. Richardson - QtY AWr, iii • STATE OF COLORADO ) COUNTY OF WELD ) k • This day appeared before me Eir yfyo J __e ' �\ ' and • tb , known to me to be e above named Shareholder, and acknowledged i the execution of the foregoing Agreement and power of attorney as.his (hen) (their) free and votuntajy,.ao and deed for the 1 uses and purposes therein stated. Witness my hand and official seal 1�,0'10J._ My Commission expires: ,.•``U,.•43144 • M famhft,tk ikfifr<'fb ' e� 1. • Form approved by CITY Council 3-26.10030 1 I t;ItEELl,1 -LU1'LLAt\Ij 11(Al:i;illjl,Ui;Uc .. ,,.:.ill. NA1bit .lt,ttE,r.otiAAI THIS AGREEMENT, Made this s=Lt_.— day of ---r-- — - 1963, by and between the City of Greeley.Colorado,hereinafter referred to a, "City" and ,� ' � `� ' -- hereinafter referred to as"Shareholder," WITNESSETH: .. WHEREAS, the City of Greeley and the Greeley and Loveland irrigation Company entered into a contract dated. June 30, 1961 concerning City use of certain facilities owned by the Shareholders of the Greeley and Loveland Irrigation Company which is hereinafter referred to as "Basic Agreement" and, , • WHERE& the City Is considering construction of a distribution grid to furnish water to the inhabitants in the area South and West of the City as provided ht paragraph 2-S of the "basic Agreement,"and as recommended on Pap 0 of the engineering • report M Nelson. Haley, Patterson and Quirt dated'January, 1941, and,'as recommended to the. Council by Greeley Water Board February 4, 1063, and, WHEREAS,the Shareholders of record June 10, Mill of the Greeley and Loveland Irrigation Company In the area Booth and West of the City desire to obtain domestic water for their domestic use in.accoedaace with the "Basic Agreement' and, WHEREAS, paragraph 4.D of "Bole Agreement" provided for supplemental contracts to be entered into from time to time is the parties determine is neceaury. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. in accordance with the "Beale Agreement," paragraph 2-B, the City shall furnish water to the Shareholder for the following purposes only. a. Fer those dwellings existing upon the land at the date of this agreement and for two additional single family dwellings. b. For livestock and feeding purposes not to exceed ISO head of cattle kept or maintained upon the land for any one calendar month. 2. That upon annexation of any tract or area to the City of Greeley. the area annexed shall become entitled to all the water service provided by said City and water service to the remaining portion of Shareholder's premises shall continue; bow. ever. Shareholder shall not, by reason at this contract, acquire any vested or adverse right to continue the use of water from • the Greeley Water System other than o provided In this contract • I, That in accordance with "Bask Agreement," paragraph 4-F. concerning subdivision agreements. Shareholder agrees: • division oa.f a dlffteraet sin has annexation bee of any tract y the or Greeley~ Plan to ning Commission. o ity Inin of 10 acres unless officially platted sub- • D. That the provisions of this paragraph'shahl apply only to Shareholder's premises to be annexed when devoted to urban uses and when contiguous on at least one side to areas included within the City limits for the purpose of preventing'any enclaves or islands growing In or en the edge of City; and furthermore that one primary consideration hereof is that If the premises shall ever be embraced or Included within the boundaries of a tract or plat which is sought to be annexed-to the City of Greeley,either by Individual petition or by the City Itself,then and In that event, the Shareholder specifically agrees that he will consent to jots In the annexation of such terdroty by the City of Greeley, subject only to the compliance by any such rthertnOrit that Shareholder does hereby empdwe and reirrevocabllments y pertaining se and appoto the olnt the tion of territory Clerk of the to a m City municipality. Colorado. his lawful attorney in fact,for him and his place and stead to sign any-such annexation petition as may be Initiated by the City Council Itself, embracing the above described land within the territory to be annexed to the City of Greeley, Colorado, and Shareholder does hereby grant maid City Clerk fun power and authority to sign his name-to such petition, thereby binding said Shareholder to W of the corms and provisions of said petition as fully as he might do himself and tot all Intents and Purpose as If he himself had signed said petition, it being thoroughly understood by Shareholder that a primary consideration for the granting of the petition is Sbareholder's covenant and promise to the City of Greeley, Colorado. Sharehoider farther covenants and agrees for himself, his successors and assigns. that if he falls to sign any such annexation petition when requasted- by the City, or falls to abide by each and every covenant therein contained, then and in that event this privilege or right to use water may be terminated by the City of Greeley, Colorado. upon the giving of 20 days natten In writing of its Intention so to do. -'• c. That upon annexation to City or subdivision within 2 miles of City limits. Shareholder agrees to dedicate:such. streets and highways and rights-of-way for drainage ways as are heretofore established by appropriate plan of the Greeley 'Vanning Commission and to a waiver of eighth:,compensation through eminent domain proceedings for any buildings, improve- ments or structures built or constructed on or over any street,highway or drainage-way specifically provided In any appropriate established plan of the City Planning Commission, then on file in the office of the County Clerk and Recorder of Weld County, Colorado. d. tpoe the Shareholder's premises or part thereof being annexed or subdivided,then as a condition for the continued • water service, Shareholder shall comply with all ordinances and Greeley Planning Commission regulations concerning the platting of land, toning, building construction, permits, Inspections, firs, safety, health, traffic, use of water and other applicable • matters as fully as if said premises were Ideated within the City of Greeley, Colorado, . e. Dpdn the Shareholder's premises or a part thereof being annexed or subdivided as defined herein,then as a part of the consideration for receiving water tape and domestic water service from the City of Greeley, the Shareholder will provide raw water rights,not to exceed 2 acre feat or water per acre of land involved, to be transferred to the City as a condition of annexation or subdivision and as-a condition to continue to use and receive city water within the subdivided or annexed potties. the Shareholder agrees to transfer at that time the required water rights. The quantity of such water to be transferred shell be computed at 100% of the then capacity of the water rights transferred and deliverable under the Greeley and Loveland Irrigation company system - L (I) That If any of the area herein described shall become a part of another town or city,then City shall have the right to terminate the water service to that portion of that area that becomes a part another it have the right or wa, to termlnaalt 42) If the Shareholder to be a Greeley-Loveland Shareholder, then City the water service to Shareholder's premises and all other terms of this contract shall be terminated. 1. That in accordance with "Basic Agreement." paragraph 2-B. concerning tap fees and plumbing regulations, Shareholder agrees: a. To pay all costs or charges incident to making taps, and ineWlation of meters. as may be then In effect by ordin- Department. Cior ty Greeley, y, and h tl said Cityinstallations designate.shall he made under the supervision of the Director of the Water hb. To request and acceptwater taps on or along established County roads opposite Shareholder's present farm residences and from this point of delivery Shareholder agrees to pay for the Installation of necessary water lines to his point of use. c. To accept the City water at the pressure as delivered in the distribution grid owned by City and If in the delivery of water there is excessive pressure that would cause damage to the plumbing of Shareholder. the Shareholder agrees to furnish and install the necessary regulators or if additional r e u e it needed Shareholder agrees to turpish his own auxiliary pumps. d. To comply with State of Colorado Plumbing Code and Permit Inspection by City of Greeley Plumbing msr ector for say facilities or structures using City water for the purpose of protecting the health of all users on the Greeley water system • e. That the metered water rates as provided to paragraph 2•B of the "Basic Agreement" shall be established as pro- 1 riled by the City of Greeley Charter adopted June 24, 1961.- T f. To apply for 4-'rt water taps of — else, none of which exceed one inch in saes, to be ' i used for domestic Durpo a on the Shareholder's property described a follows, lawll:.2��e':''%• - Myth Range _ =� of sections Township - — West of the 4th P.M.. County of Weld. State of Colorado. c -1(r-7( /fin t� /o?5 g O . •/-.--. 07221: I/- ` q • r i'n um nn entlmn R-0 ....i ni.in „1 unK, I,,:r ,ni b..- Vvuh,i. ,n ::I., h. TO grant City permission lu.use•ne.:nnwry riph tn.obway along the bnuudary of SbarebuW,+ n mod property for tilt Aietlon and maintenance of transmission lines and distribution grid system lines, provided. Cily shall reimburse Share. Mr for crop damage and to irrigation or other structures of Shareholder. 1. That prior to annexation or subdivision, shareholder will comply with all regulations and ordinances adopted by Cgr:ler the use of domestic water. a.-That in accordance with paragraph 1-A "Basic Agreement," it wee the latent of City to acquire Greeley and _ d Irrigation Company water rights from prompt time to time end add to the prept water supply of the City of Greeley,and.s a part of the consideration for this agreement and when Shareholder subdivides or annexes to the City and If he hue more thin 3 acre Get of water per acre, and he one other lands within the OreeleyLoveland District. then hp may transfer the amount ' of water le excess of the f acre feel to such other land; provided, If said water la not so transferred as herels outlined, then City shall purchase and Shareholder shall sell Bald Irrigation water and project water at a price agreed upon between the parties hereto but if a price cannot be agreed upon then at the price as determined by it egmmiesion appointed by a,Judge of the District Court as In an eminent domain proceedings. b. In case the Shareholder wishes to remove the project water from the OreeleyLareland District. then the Share- holder shall give the.City the first opportunity to purchsie. The price on said water shall be established at a price which the Shareholder has a written offer from, and le willing to accept from a third party.Tills opportunity shall be exercised by Resole•' Hon of the City Council within 16 days attar receipt of written,notice Is given by the Shareholder of his Intention to sell the water. Failure of the City to pan said Resolution within 16 days of said notice of Intent shall release the Shareholder. 6. That due to the quality.of Boyd Lake water as shown In Table 9,page li,Wheeler Report 1962;City will be unable to use Boyd Lake and/or Boyd Lake Pumping plant as provided in Sections 3 and 4 of"Basic Agreement,"thus this Agreement shall not be binding on either party hereto until an "operatlon agreement"la signed by City add the Greeley and Loveland Irrigation Company as to the vie of Lake Loveland, SIS16eS.Afs and Boyd Lake, concerning the storage end withdrawal of water owned by the City of Greeley. 7. That the definition of "subdivision" as referred to -In paragraph 4-F of"Basic Agreement" shall mean the con- version of the land to a-business, commercial,industrial or scientific use or a commercial cattle feed yard, as defined In the official resolution adopted by the Board of County Commissioners, or an urban housing development I. That all the terms and conditions hereof shall extend to and be binding upon the heirs,•aslgni and successors in Interest of the parties hereto. S. Whenever the word, he, his, or him, is-usedherein, such word shall also mean and Include the words, she, they, hers, theirs-or them, and the singular shall likewise mean and include plural IN WITNESS WHEREOF,the patriee hereto have caused this Agreement to be executed In duplicate. r• greesheu.r .... ._ an OF G7IEF�I,EY. COLORADO By• bokra - • Approved.as fB•apbetlnpAi Q • _......•B, H. Cruce qtr moan,. • £DDroved as to form: • Thomas A. Richardson City Aueraes STATE OF COLORADO ) 1 es, COUNTY OF WELD . ) .6 This Mir simpered before me f`lf-e.� and • '�h' /r known4 me to be the above named Shareholder, and acknowledged the execution•of the fdrehoing Agreement and power of attorney a his (hen) (their) free and voluntary act and deed for the uses and purposes .glycols stated. • Witness my head end official seal. My Commission-expires: • • My Commission expires February 3, 1964 ? S > f — c Notary Peblk ••• Form approved by "City_Counel f- -191f3 c 4 1/4 Ix I-4N. MI g a t c s'r � CITY OF GREELEY ANNEXATION INFORMATION SHEET The following information is required to process the annexation of land into the City of Greeley. This sheet must be attached to a completed annexation petition. TO BE COMPLETED BY APPLICANT Date 10/20/00 1. Name of Annexation Bastdofba . 2. Name of Property Owner(s) See attached Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary): 3. Person to Contact (Name, Address and Phone) Betsy Holder, City Clerk City of Greeley, 1000 10th St. , Greeley, CO (970)350-9742 4. Size (in acres) 212. 11 Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an annexation impact report. The annexing body and the County Commissioners may . agree to waive such report, but a letter to that effect must accompany this petition. Clerk One: [ ] Land Owner-Initiated [. ] Municipally Owned (C.R.S. 31-12-106) [ ] Enclave (C.R.S. 31-12-106) 5. Attach a list of all special districts(including school districts) of which the territory proposed for annexation is part. 6. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. 7. Attach a description of the intended use and development of the territory proposed for annexation. Such a description should be as complete as possible and include: ■ The location of existing streets and utility lines. • Existing and proposed land use patterns and existing zoning. • Size of commercial or industrial facilities. • Estimated number of school students generated. } • Number of dwelling units. Bastdofba Annexation Narrative Several years ago, the property owners within this annexation signed agreements with the City of Greeley in order to receive domestic water service. As part of that agreement, the owners gave the City Clerk the authority to file an annexation petition on their behalf. Based on those agreements,the City of Greeley is pursuing annexation of these properties. 1. The proposed annexation is in compliance with the City's Comprehensive Plan. Response: The subject properties are located in the Urban Growth Area(UGA) according to the 2020 Comp. Plan. The UGA indicates a full complement of land uses would be developed at urban densities is anticipated. Portions of the annexation are identified as having high areas of ecological significance according to the Physiograpic Area Map. When further development is proposed,this issue will need to be addressed by the developers. The inclusion of these properties into the City's jurisdiction meets comprehensive plan growth objectives and can be developed in a manner which will be a positive addition to the City, improve the quality of Greeley's neighborhoods, and can continue to be provided with municipal services. 2. The proposed annexation promotes geographical balance of the City's land use pattern. Response: The annexation continues a pattern of City of Greeley development south of and adjacent to US 34 Bypass. This annexation is being considered at the same time as the Myers Farm Annexation, Hurst Annexation and Lundvall Annexation, which allows the City to extend the City limits in a manner which continues traditional development patterns. 3. Adequate services are or will be available to support the development expected to result from the proposed annexation. Response: At the current time, further development of the properties is not anticipated. The properties are currently served by City of Greeley water. When further development is proposed in the future,the developers will be responsible to extend services to the developing property. 4. The proposed annexation provides for a continual and rational boundary. Response: This annexation gets contiguity from the Hurst Annexation and continues a traditional development pattern for Greeley to develop south of US 34 Bypass. 5. The proposed annexation is needed to accommodate future land use requirements. Response: 83`d Avenue is identified as a major arterial street according to the City of Greeley Transportation Master Plan. This annexation is adjacent to this important transportation corridor and offers the City options to accommodate land use requirements which the City believes are important to growth and development in this area. } Hello