HomeMy WebLinkAbout20002323.tiff The City of ifriCOLORADO
September 20, 2000
Clerk to the Board of Weld County Commissioners
915 10th Street
Greeley, CO 80631
Re: Referral to County Commissioners regarding the Horii Farm Annexation
Dear County Clerk:
In accordance with Ordinance No. 208 and 31-12-109(2), C.R.S.. as amended, you are hereby
given notice as set forth in the attachments that the City of Evans shall hold a public hearing on
October 17, 2000 to determine whether the enclosed described territory, referred to as the Hopi
Farm Annexation, is eligible for annexation to the City of Evans.
The proposed annexation contains approximately 80 acres, and is located at the northwest
corner of 37th Street and 29th Avenue. Included with the following materials is a conceptual
plan for the subject parcel, which proposes single-family residential, two-family residential,
multifamily residential, open space and commercial land uses.
If you have any questions or comments please contact me at 339-5344 ext. 112 by October 10,
2000.
Sincerely,
*imic EV/Lk
Elizabeth Relford
Planner
Enclosure
7 c C 2000-2323
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1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-2;472
The City of
CITY OF EVANS COLORADO
1100 37TH STREET
EVANS, COLORADO 80620
970-339-5344 EXT. 112
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition
for City Council of the City of Evans, Colorado, for annexation to the City of Evans the
unincorporated territory more particularly described below, to be know as 4t t awa1.dS
and in support of said Petition, your petitioners allege that:
1) It is desirable and necessary that the following described territory be annexed to
the City of Evans;
2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Evans, Colorado;
3) A community of interest exists between the territory proposed to be annexed and
the City of Evans, Colorado;
4) The territory proposed to be annexed is urban or will be urbanized in the near
future;
5) The territory proposed to be annexed is integrated or is capable of being integrated
with the City of Evans, Colorado;
6) The signatures of the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and
said landowners attesting to the facts and agreeing to the conditions herein
contained will negate the necessity of any annexation election;
7) No land held in identical ownership, whether consisting of one tract to parcel of
real estate or two or more contiguous tracts or parcels of real estate:
a) Is divided into separate parts or parcels without the written consent of the
landowner or landowners thereof; unless such tracts or parcels are
separated by a separate dedicated street, road or other public way;
b) Comprising twenty(20) acres or more and which, together with the
Petition for Annexation
Page 2
buildings and improvements situated thereon has an assesses value in excess of
Two Hundred Thousand Dollars ($200,000)for ad valorem tax purposes for the
year proceeding the annexation, is included within the territory proposed to be
annexed without the written consent of the landowner or landowners.
8) No part of the area proposed to be annexed is more than three miles from a point
on the municipal boundary, as such was established more than one year before this
annexation will take place;
9) The area proposed to be annexed comprises(MORE THAN TEN ACRES AND
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY HAS
AGREED TO WAIVE THE REQUIREMENT OF AN IMPACT REPORT AS
PROVIDED FOR IN SECTION 31-12-108.5. CRS. AS AMENDED. I(MORE
'i21ANTEN ACRES AND AN MMPACTREPORT AS PROVIDS:D FUR IN
SECTION 31-12-108.5. CRS. AS AMENDED. IS REOU]RED.1,;TEN ACKES
uE.FEWER.AND AN IMPAC t nr,FO1C:I'AS Pxu VIDEO FOR IN SECTION
31-12-108.5, CRS, AS AMENDED, IS NOT REQUIRED.)
10) The area proposed to be annexed is located within Weld County, and the following
special districts:
Water Districts tI C.XL/ \S.J.&rea
Sanitation District
Fire District U1ac-ratwt -4t Ft to
School District 3k.
Recreation District
Library District `i./atj Lt&e.t.a,/
Ambulance District
Jr. College District -.t Kits ,j . Cot LF aa.
Other
11) The mailing address of each signer, the legal description of the land owned by each
signed and the date of signing of each signature are all shown on this Petition,
12) Accompany this Petition are four (4) prints of the annexation map containing the
following information'.
a) A written legal description of the boundaries of the area proposed to be
annexed;
b) A map showing the boundary of the area proposed to be annexed, such mat'
prepared and containing the seal of a registered engineer or land surveyor;
Petition for Annexation
Page 3
c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be platted, then
the boundaries and the plat number of plots or of tots and blocks are shown;
d)Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the City of Evans, and the contiguous boundary of any
other municipality abutting the area proposed to be annexed;
e) The dimensions of the contiguous boundaries are shown on the map.
13) The territory to be annexed is not presently a part of any incorporated city, city
and county, or town;
14) The undersigned agree to the following conditions, which shall be covenants
running with the land, and which shall, at the option of the City, appear on the
annexation map;
a)Water rights shall be provided pursuant to City Ordinance;
b) The owners shall participate in providing drainage plans and improvement and
payment of a unit drainage fee as may be required by the City for the area;
c) The undersigned hereby waive any and all"vested rights" previously created
pursuant to Section 24-68-103, CRS, as amended.
d) The undersigned and the City may enter into a Pre-Annexation Agreement prior
to the effective date of this annexation, which agreement shall be additional
conditions as effectively as if set forth in this Petition.
15) Petitioner represents that: (Check one)
No part of the property to be annexed is included within any site specific
development plan approved by weld County, Colorado.
A site specific development plan has been approved by Weld County, Colorado,
which has created a vested right.
16) The petitioner understands he will be responsible for costs incurred by the City of
Evans such as, but not limited to, advertising and recording fees.
Aug-23-00 03: 52P Northern Engineering 970 221 4159 P.04
Petition for Annexation
Page 4
PETITION FOR ANNEXATION
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rte this a Day of lla)05
Name Name
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Address Address
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7,e ore ore 'nstrument was acknowledged before met O T--"I day of
A.D. I.9 20001 0RY P
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Notary Public
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Office Use Only
Date Received Signed
Fees:
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PROPERTY DESCRIPTION
A parcel of land being part of the East Half of the Southwest Quarter (E1/2 SW1/4) of Section
Twenty--four (24), Township Five North (T.5N.), Range Sixty—six West (R.66W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly
described as follows:
BEGINNING at the Southeast Corner of the Southwest Quarter (SW1/4) of said Section 24 and
assuming the South line of said SW1/4 as bearing South 8915'26" West, being a Grid
Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum
1983/92, a distance of 2660.64 feet with all other bearings contained herein relative thereto:
THENCE North 00'57'45" West along the East line of said E1/2 SW1/4 a distance of 30.00
to the Northerly Right—Of—Way (ROW) line of 37th Street. Said point being the TRUE POINT
OF BEGINNING:
THENCE South 89'15'26" West along said Northerly ROW line a distance of 1330.27 feet
to the West line of said E1/2 SW1/4;
THENCE North 00'51'46" West along said West line a distance of 2614.37 feet to the
Northwest Corner of said E1/2 SW1/4;
THENCE North 89'38'46" East along the North line of said E1/2 SW1/4 a distance of
1325.79 feet to the Northeast Corner of said E1/2 SWI/4;
THENCE South 00'57'45" East along the East line of said E1/2 SW1/4 a distance of
2605.38 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 79.566 Acres, more or less (±) and is subject to any
rights—of—way or other easements as granted or reserved by instruments of record or as now
existing on said described parcel of land.
CITY OF EVANS, COLORADO
RESOLUTION NC). 48-2000
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR THE HORII FARM
WHEREAS, a written petition, together with four prints of an annexation map, was hereto
filled with the City Clerk requesting the annexation of certain property to be known as the Hon Farm
Annexation, more particularly described in the County of Weld, State of Colorado, as follows:
See attached Exhibit A
WHEREAS,the City Council desires to initiate annexation proceedings in accordance with
the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE DT OF
EVANS, COLORADO:
Section 1. The City Council hereby accepts said annexation petition, finds and determines
the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107
and desires to initiate annexation proceedings in accordance with law.
Section 2. The City Council shall hold a hearing to determine if the proposed annexation
complies with CRS 31-12-104 and 31-12-105,or such parts thereof as may be required to establish
eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS: A hearing shall be
held on the 17th day of October,2000, in the City Council Chambers of the City of Evans, 1100 37th
Street, Evans, Colorado, at 7:30 p.m.
Section 3. The City Clerk shall publish notice of such hearing once per week for four
successive weeks in the Greeley Tribune, with the first publication at least thirty(3O) days pnor to
the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for
annexation to the Clerk of the Board of County Commissioners, the County Attorney and to any
Special District or School District within the arca proposed to be annexed.
Section 4. This Resolution shall be in full force and effect upon its passage and adoption.
PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council ofi:he Cit y
of Evans on this 5th_day of September, 2000.
CITY OF EVANS,
COLORADO
By: 1:2_C-
yor
AT'I EST: ✓✓
City Clerk
EXHIBIT A
HORII FARM ANNEXATION
A parcel of land being part of the East Half of the Southwest Quarter (E1/2 SW 1/4) of Section
Twenty-four (24), Township Five North (T. 5N), Range Sixty-six West (R. 66w.) Of the Sixth
Principal Meridian (6'h P.M.), County of Weld , State of Colorado and being more particularly
described as follows.
BEGINNING at the Southeast Corner of the Southwest Quarter (SW 1/4) of said Section 24 and
assuming the South line of said SW 1/4 as bearing South 89°15'26" West, being a Grid Bearing cf
the Colorado State Plane Coordinate system, North Zone, North American Datum 1983/92, a
distance of 2660.64 feet with all other bearings contained herein relative thereto:
THENCE North 00°57'45" West along the East line of said E 1/2 SW 1/4 a distance of 30.00 feet
to the Northerly Right-Of -Way line of 37th Street. Said point being the TRUE POINT OF
BEGINNING:
'THENCE South 89'1526" West along said Northerly ROW line a distance of 1330.27 feet to the
West line of said E 1/2 SW 1/4;
THENCE North 00°51'46" West along said West line a distance of 2614.37 feet to the Northwest
Corner of said E 1/2 SW 1/4;
THENCE North 89°38'46" East along the North line of said E 1/2 SW 1/4 a distance of 1325.79
feet to the Northeast Corner of said E 1/2 SW 1/4;
THENCE South 00°57'45" East along the East line of said E1/2 SW 1/4 a distance of 2605 .38 fee!
to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 79,566 Acres, more or less(±) and is subject to any rights-or
way or easements as granted or reserved by instruments of record or as now existing on said
described parcel of land.
Exhibit A - Reso. 4`.1000
NOTICE OF PUBLIC HEARING
ANNEXATION REQUEST
NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of
the City of Evans will hold a Public Hearing on the 17th day of October, 2000 at 7:30 F.M.,
held at the City Hall Council Chambers, 1 100 37th Street, Evans, CO, at which time and place
they will consider and act upon the application for annexation of a parcel of property to the City
of Evans. The following property is referred to as the Horii Farm Annexation and is described
as:
A parcel of land being part of the East Half of the Southwest Quarter(I:l/2 SW 1/4)of Section
Twenty-four(24),Township Five North(T. 5N),Range Sixty-six West (R. 66w.)Of the Sixth
Principal Meridian(6th P.M.),County of Weld, State of Colorado and being more particularly
described as follows.
BEGINNING at the Southeast Corner of the Southwest Quarter(SW 1i4)of said Section 24 and
assuming the South line of said SW 1/4 as bearing South.89°15'26" West,being a Grid Bearing of
the Colorado State Plane Coordinate system,North Zone,North American Datum 1983/92,a
distance of 2660.64 feet with all other bearings contained herein relative thereto:
THENCE North 00°57'45" West along the East line of said E 1/2 SW 1/4 a distance of 3(1.00 feet
to the Northerly Right-Of-Way line of 37th Street. Said point being the TRUE POINT OF
BEGINNING:
THENCE South 89°15'26" West along said Northerly ROW line a distance of 1330.27 feet to the
West line of said E 1/2 SW 1/4;
THENCE North 00°51'46"West along said West line a distance of 2614.37 feet to the Northwest
Corner of said E 1/2 SW 1/4;
THENCE North 89°38'46" East along the North line of said E 1/2 SW 1/4 a distance of 1325.71
feet to the Northeast Corner of said E 1/2 SW 1/4;
THENCE South 00°57'45" East along the East line of said E1/2 SW 1/4 a distance of 2603.38
feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 79,566 Acres,more or less(±)and is subject to any rights
of way or easements as granted or reserved by instruments of record or as now existing on said
described parcel of land.
Vicinity: 3000 Block of 37'h Street.
All persons being interested in this matter may be present and heard.
Kim Betz
City Clerk
City of Evans
Published in the Greeley Tribune September 16, 23, 30 & October 7th.
11OR1I ANNEXATION
IMPACT REPORT
September, 2000
The City of Evans has received a request from Chris Frye, property owner, to annex
approximately 80 acres to the City of Evans. The Ho:rii Farm is located north of 37th Street and
west of 29'h Avenue between Country Estates Mobile Home Community and Carriage Estates
(County) to the west, City of Greeley to the north, and Evans to the east. Please refer to the
attached vicinity map.
This report is provided as required by Section 31-12-108.5 CRS, as amended, and contains
information on the impact the proposed development may have on the current infrastructure arid
financial condition to the City of Evans.
Section 1 - Maps and Utilities
Enclosed as "Exhibit A" is a map showing the vicinity of the Horn Annexation. The existing
city limit lines are dashed with the subject properties being hatched.
The City of Evans water and sewer utilities are represented in "Exhibit B." Other utilities arc
not depicted on this map, but may be extended into easements upon subdividing or dedication
by the property owner.
Section 2 - Pre-annexation Agreement
An annexation agreement is being negotiated. A draft of the most recent agreement is included
in the packet as "Exhibit C".
Section 3 - Providing Municipal Services/Infrastructure improvements
The conceptual plan represents approximately 80 acres located at the northwest corner of 37''i
Street and 29'h Avenue. The attached site plan proposes approximately 200 single-family
residential lots, 27 duplex lots as well as, 4.8 acres of multifamily residential, 2.7 acres of
commercial and 6.9 acres of park/open space.
There is an existing water main in 37'h Street to service this project. It is the developer;
responsibility to extend adequate water services for fire protection and potable water needs.
This site has adequate sanitary sewer service with an existing sanitary sewer main in 3-'h Street.
The City of Evans is responsible for the operation and maintenance of the Evans Wastewater
treatment plant and collection system, which would service the subject parcel. Extension of all
1
sewer mains will be the responsibility of the developer. Please refer to "Exhibit B" representing
the vicinity of sewer service.
Storm drainage, streets, sidewalks, and similar infrastructure will he the responsibility of the
developer. The City of Evans staff will review proposed plans related to these items to ensure
safe, adequate facilities and improvements are installed.
The City intends to provide police services to the property by utilizing the present police
capability, which can provide adequate protection for a short time period. As this area
continues to develop, additional traffic enforcement activities will be required, and eventually
additional personnel will be needed to adequately address these issues.
Fire protection will be provided by the City of Evans Fire Department. The fire department will
review development proposals for safety standards and assist the property owner with
petitioning out of their current fire district. Evans Fire & Rescue will be able to provide
adequate fire and rescue services to the proposed annexation due to the proximity of the C.ty of
Evans Fire Station No. 2, which is within three quarters of a mile of the subject parcel, and the
availability of adequate water services.
Combined, 6.9 acres arc identified for open space or park land. All open space or park land
dedication shall be in accordance with the City of Evans Park Land Dedication Ordinance.
Those areas proposed for park land dedication will be developed from park fees collected *Om
each building permit.
Setbacks from any oil and gas well heads, tank batteries, separators and related appurtenances
on this property must comply with current City of Evans regulations.
Section 4 - Financing Extension of Municipal Services
All of the services provided by the City will be financed through existing sources of revenge.
These sources will also apply to Horii, and include revenues for property, sales, and franchise
taxes, water, sewer, drainage, and sanitation fees.
The commercial impact to the City of Evans is unavailable because it is unknown what type of
development will occur.
Section 5 - Existing Taxing Districts
Along with the City of Evans, the following districts are included in this annexation and have
been notified as per CRS 31-12-108.
Weld County - Board of County Commissioners, Attorney, & Planning
School District #6
2
Northern Colorado Water Conservancy District:
Western Hills Fire Protection District
AIMS Junior College
Weld County Library
Section 6 - Local Public School District Impact
The school district recognizes that an increase in residential units creates a need for more
schools. Recently the school district purchased a 12 acre parcel along 37' Street and 47th
Avenue for an elementary school site.
3
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Iiorii Farm Annexation
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EXHIBIT' "B"
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Exhibit"C"
ANNEXATION AGREEMENT
HORII FARM
This agreement is made and entered into this 17th day of October, 2000, by and between
Chris Frye, hereinafter referred to as"Owner",and the CITY OF EVANS,a municipal corporation
of the State of Colorado, hereinafter referred to as "Evans" or"City".
WITNESSETH:
WHEREAS, Owner desires to annex to Evans the property more particularly described on
Exhibit A,which is attached hereto, incorporated herein, and made a part hereof(such property is
hereafter referred to as "the Property"); and
WHEREAS,Owner has executed a petition to annex the Property,dated September 5 2000,
a copy of which petition is on file with the City Clerk; and
WHEREAS, Owner has prepared an Annexation Statement and Conceptual Development
Plan identifying and illustrating requested zoning, proposed land use and intended development
of the property more particularly described on Exhibit B, which is attached hereto, incorporated
herein and made a part hereof; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement regarding annexation of the Property to the City and other matters as set foith herein;
and
WHEREAS,Owner acknowledges that upon annexation,the Property will be subject to all
ordinances,resolutions, and other regulations of the City of Evans, as they may be amended from
time to time; and
WHEREAS,Owner acknowledges that the need for conveyances and dedication o f cent a i n
property, including but not limited to property for rights-of-ways and easements, to Evans. as
contemplated in this Agreement, arc directly related to and generated by development intended to
occur within the Property.
NOW,THEREFORE,IN CONSIDERATION OF THE ABOVE PREMISES AN I)THE
COVENANTS AS HEREINAFTER SET FORTH,IT IS AGREED BY AND BETWEEN T E
PARTIES AS FOLLOWS:
I. Information of Recitals. The parties confirm and incorporate the foregoing Teel ta Is
into this Agreement.
1
2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the Property to the City. Except as expressly provided for herein to the contrary,
all terms and conditions herein are in addition to all requirements concerning annexation con wined
in the Evans Municipal Code, Development Regulations and Comprehensive Plan. and the
Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et seq.
3. Further Acts. Owner agrees to execute promptly upon request of Evans any t.nd 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 annexation election relating to the Property, except upon request of
Evans.
4. Annexation Documents. Owner agrees to provide legal documents, surveys,
engineering work,newspaper publications,maps and reports determined by Evans to be necessary
to accomplish the annexation.
5. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner
to develop the Property in a manner generally consistent with the zoning and land uses presented
in paragraph 15 below, and that the granting of such zoning by the city of Evans is a material
consideration of the Owner's agreement to annex the Property to the City. Owner shall take all
action necessary to permit zoning by Evans of the annexed Property within the time present ed by
state statute. In the event the City does not zone the land in accordance with the uses farther
described in paragraph 16, then the City agrees not to oppose any disconnection by the Owner.
subject to the requirements of state law.
6. Public Use Land Dedication. Owner agrees to dedicate,by General Warranty Deed
or other appropriate instrument of conveyance acceptable to the City,or,at the request of the City,
for a homeowner's association to be created, all of Owner's right, title and interest (subject to
exceptions of record permitted by the City), in and to the applicable property a portion t the
territory to be annexed for public open space or other public purposes as directed by the City, in
addition to easement and rights-of-way for streets and other public ways and of other public
purposes, all as required by City ordinances and resolutions in effect at the time of the dedication.
Owner shall have no obligation to dedicate any land !Or development of public improvements Mr
the following: public school, sewer/water treatment facilities or related facility, power generation
plant, library, police station or fire station.
7. Water and Waste Water Utilities. On-site and required off-site water and
wastewater mains and appurtenances shall be constructed to City standards by Owner at Owner's
expense. Owner shall be entitled to reimbursement for over sizing of any additional mains in
accordance with the ordinances and policies of the City. The water and sewer mains to be
oversized shall be set forth in the Public Improvement Developers Agreement
2
8. Water Rights Dedication. Owner shall dedicate water rights as required by
Chapter 13.08 of the Evans Municipal Code. All water rights existing with the Property at the time
of annexation shall be dedicated to the City upon recording of the annexation plat. City may accept
the following water rights:Greeley/Loveland Irrigation Corporation(GLIC),laake Loveland,Seven
Lakes, and Colorado-Big Thompson (CBT).
9. Non potable irrigation. Owner may install a non-potable water system to
provide irrigation water to all areas described within "Exhibit A". The non-potable water system
will be an independent utility system owned,operated and maintained by Owner,or a homeowners
association. If the non-potable irrigation system is installed within public right-of-way, City and
Annexor shall enter into a separate"irrigation right-of-way grant agreement". In consideration of
the reduced potable water demand that will be realized by the installation of a non-potable
irrigation system, the amount of raw water to be dedicated to the City shall be reduced by an
amount as determined by an engineering analysis performed by the City.
10. Municipal Services. Evans agrees to make available to the Property all of the usual
municipal services provided by the City,in accordance with the ordinances and policies of the City.
The services provided by the city include,but are not limited to,police protection, lire protection,
water, waste water, and storm water services. Owner acknowledges that City services do not
include, as of the date of the execution of this Agreement, emergency medical services.
11. Public Improvements. Required public improvements shall be designed and
constructed to City standards by Owner at Owner's expense. Owner further agrees to provide
financial guarantees for construction of all required improvements as set forth in each phase of the
development, and to dedicate to the City any or all of the improvements as required by City
ordinances. The public improvements and financial guarantee shall be set forth in the Development
Agreement between the City and Owner.
12 Streets and.4rterial Roads. On-site and required off-site streets shall be dedicated,
designed, and constructed to City standards by Owner at Owner's expense. Upon approval of the
City,Owner shall dedicate all public right-of-way improvements under warranty with at least a one
year guarantee for maintenance to the City of Evans. A traffic study for the proposed development
shall be completed by the Owner in accordance with City requirements. The Traffic Engineer shal I
consider future signalization and a signal progression analysis. Owner shall be responsible lbr
payment of a portion of the cost related to the design and construction of such future signal i:anon
when it is determined that such infrastructure is warranted.
13. Drainage. A drainage study of the entire annexation territory will he provided by
the Owner. Improvements recommended by such study shall be completed at the tune of
completion of each phase of development. Facilities necessary to address drainage from o atside
the Property will be designed for quantities in excess of those amounts historically discharged from
the site,these facilities will he developed in conformance with the Comprehensive Drainage Study
and other City regulations and ordinances.
3
14. Reimbursements. To the extent water, sewer, storm drainage facilities or other
public utilities are oversized or extended on to property by Owner or to the extent public
improvements are built off-site of the Property by Owner,by any District or by the City,for benefit
accruing to other parties, said improvements may be eligible for reimbursement. Per Chapter
13.28, City agrees to use its best efforts to maximize the opportunity for, and amourts of
reimbursement payable to Owner in connection with the development of any other property tapping
onto or otherwise making use of any such improvements. The City agrees to coordinate the
execution and delivery of necessary reimbursement agreements among the City,the Owner and the
Owner developer of any other such property in order to obtain such reimbursements for Owner.
15. Zoning and Land Use.
(A) Conceptual Plan. Owner and City shall mutually agree upon a conceptua land
use plan, which is in accordance with the City's Comprehensive Plan. It is Owner's intent to
develop and zone the Property in accordance with the conceptual land use plan as shown in
"Exhibit B".
The conceptual plan represents approximately 80 acres located at the northwest corner of
29'h Avenue and 37th Street and is intended for the development of approximately 200 single;family
dwellings, 27 duplex lots as well as, 4.9 acres of multifamily residential,2.7 acres of commercial
and 6.9 acres of park/open space.
Owner agrees the design, improvement, construction, and development of the Property
described herein shall be in conformance with the City of Evans Design Guidelines as those
requirements exist at the time of site plan application.
(B) Rezoning Process. Upon submittal of required materials, Owner's rezoning
request shall be processed concurrently with the petition for annexation. This provision does not
waive the authority of the Owner or the City of Evans to initiate rezoning of the land in accordance
with the Charter and Ordinances of the City of Evans. Land use is subject to the police power and
legislative authority of the City of Evans.
17. Limitation on Fee Impositions by the City. The City agrees that the Property shall
be subject to typical development fees similar to those that are imposed on other residential
developments in the City pursuant to the City's regulations and ordinances.
18. Developer's Agreement In a form provided by the City, Owner and the City shall
enter into a public improvements developer's agreement. Owner shall submit a proposed public
improvements developer's agreement concurrently with the submittal of the preliminary plan for
development of the Property. The final form of the developer's agreement shall be subject to
mutual agreement of the parties on the terms and conditions of the same. The de'veloper's
agreement shall be signed upon final plat approval.
19. Conformity with Laws. Owner agrees that the design,improvement, construction.
development, and use of the Property shall be in conformance with all applicable laws and
4
ordinances and that Owner shall comply with all City ordinances, resolutions and regulations
including without limitation, ordinances, resolutions, and regulations pertaining to annex ation,
subdivision, zoning, storm drainage, utilities, access to City streets, and flood control.
20. No repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's
legislative, governmental, or police powers to promote and protect the health, safety, and welfare
of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase )y the
city of any tax or fee.
21. Disconnection. No right or remedy of disconnection of the Property from the city
shall accrue from this Agreement, other than that provided by applicable state laws. In the event
the property or any portion thereof is disconnected at Owner's request, Evans shall have no
obligation to serve the disconnected Property or portion thereof and this Agreement shall b?void
arid of no further force and effect as to such Property or portion thereof. In the event the City does
not approve the zoning and development plan as set forth in paragraph 16 within ninety (90) days
of the completion of the annexation, then the Owner may initiate disconnection pursuant to state
law and the City agrees to not oppose disconnection unless delays are caused by Owner.
22. Severability. The parties agree that if any part, tenn, 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.
23. Owners Association. Owner shall organize a unit owners association or associations
if appropriate for given parcels and/or unit types with the development of the Property. Owner
shall form the association(s) pursuant to the Colorado Common Interest Ownership Act ("Act"i.
C R.S. §38-33.3-101 et seq. 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,i ncl uding
but not limited to any private roads,private common areas and private facilities. At least thirty(3 0)
days prior to recording any covenants or instruments of conveyance to the association(s i. Owner
shall provide such documents to the City Attorney for review and comment.
24. Special District Inclusion. Withing thirty(30)days after written request h the ( tv,
Owner shall apply for inclusion of the Property with one or more special districts serving the City.
Owner agrees to petition out of the Milliken Fire District and does hereby irrevocably appoint the
Fire Chief of the City of Evans its true and lawful agent and attorney for the Owner and in the
Owner's name and stead to sign and execute any and all petitions, documents and writing
pertaining to the lands herein described which shall be necessary and appropriate to petition out
of such Milliken Fire Protection District.
5
25. Future Cooperation. The parties agree they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
26. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained
in this Agreement is intended to create a partnership or joint venture between the City and Owner
or between the City and any one or more of the individual owners listed above,and any implication
to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement
does not provide for the joint exercise by the parties of any activity, function or service, noi does
it create a joint enterprise, nor does it constitute any party hereto as any agent of another party
hereto for any purpose whatsoever. Except as specifically otherwise provided in this agreement.
no party shall in any way assume any of the liability of any other party for any act or obligation:,
of the other party.
27. Amendment. This Agreement may be amended only by mutual agreement of the
City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk
and Recorder of Weld County, Colorado, shall be covenants running with the land, and shall he
binding upon all persons or entities having an interest in the Property and/or Water Rights subject
to the amendment unless otherwise specified in the amendment.
28. 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.
29. Owner. As used in the Agreement,the term"Owner"shall include any of the heirs.
transferees,successors,or assigns of Owner,and all such parties shall have the right to enforce this
Agreement,and shall be subject to the terms of this Agreement, as if they were the original parties
thereto. In the event of a transfer of all or any portion of the Property,the transferring Owner shill
be relieved of any and all obligations under this Agreement which arise after the date of such
transfer with respect to the transferred Property.
30. Amendments to Law. As used in this Agreement, unless otherwise specitcally
provided herein, any reference to any provision of any City ordinance, resolution, regulation, or
policy is intended to refer to any subsequent amendments or revisions to such ordinance.
resolution, regulation, or policy, and the parties agree such amendments or revisions shill he
binding upon Owner.
31. Binding Effect This Agreement shall be binding upon and inure to the benefit of
all the heirs,transferees,successors,and assigns hereof,and shall constitute covenants runnin;4 with
the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County.
Colorado,at Owner's expense. Subject to the conditions precedent herein,this Agreement rimy ho.
enforced in any court of competent jurisdiction.
6
32. Failure to Annex. This Agreement shall be null and void if the City fitils to approve
the annexation of the Property.
33. Breach by Developer; City's Remedies.
(A) In the event of a default or breach by the Owner of any term, condition,
covenant, or obligation under this Agreement, the City may take action as it deems necessary to
protect the public health, safety, and welfare; to protect lot buyers and builders, and to protect the
citizens of the city from hardship. The City's remedies include:
(i) The refusal to issue to the Owner any development permit, building
permit, or certificate of occupancy. This remedy shall not affect
sales to bona fide purchasers nor be applied to bona fide purchasers:
(ii) A demand that the security given for the completion of the public
improvements be paid or honored;
(iii) The refusal to consider further development plans within the
Property; and/or
(iv) Any other remedy available at law.
Unless necessary to protect the immediate health, safety, and welfare of the City or City
residents, the City shall provide the Owner ten (10) days written notice of its intent to take any
action under this Paragraph during which ten-day period the Owner may cure the breach described
in said notice and prevent further action the City.
(B) Breach by City. Parties agree that in the event of a breach by the City,
Owner will have the right to seek all remedies provided by law.
(C) Attorney's Fees. If any party breaches this Agreement, the breaching party
shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforeemem
of the terms and conditions of this Agreement.
34. General Provisions. City shall:
(A) Cause its staff to timely and promptly approve or disapprove written
submittal by Owner of any plans, specifications, drawings,details or other pertinent data rec uired
in connection with any water line, sanitary sewer line, storm drainage or other utility serving the
Property or any improvements within any dedicated right-of-way on the Property. Any disapproval
shall set forth the items disapproved together with the reasons for such disapproval.
(B) Use its best efforts securing, at Owner'; expense, construction and
7
maintenance agreements from governmental or private entities in order to allow Owner to fulfill
its obligations under this Agreement and to proceed with development of the property.
(C) Cooperate with Owner with any filing, applications, approvals or other
administrative procedures with governmental entities other than the City which is necessary to
allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely
manner.
(D) Provide police and other municipal services to the Property to the same
extent as those services are provided by City throughout the balance of the City, pursuant to the
City's uniform applied policies.
(E) Not unreasonably withhold its consent or approval when any consent or
approval is required.
Owner shall notify the City of assignments and the name of the assignee(s). Upon the sale
or other transfer of any portion of the Property. The transfer of such portion shall be released from
all liability and obligation under this Agreement relating to such portion and all such liabilities and
obligations shall be assumed by the transferee (unless transferee is a member of the home buying
public or governmental entity).
Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing
codes,ordinances or as a waiver of the city's legislative,governmental or police powers to promote
and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this
agreement prohibit the enactment by the City of any fee which is of uniform or general application.
It is understood and agreed by the parties hereto, that if any part, term or provision of this
Agreement is by a court determined to be illegal or in conflict with any law of the Slate of
Colorado,the validity of the remaining portions or provisions shall not be affected, and the rights
and obligations of the parties shall be construed and enforced as if the agreement did not contain
that particular part, term,or provision held to be invalid. This Agreement may be enforced in any
court of competent jurisdiction.
35. Notice. All notices required under this Agreement shall be in writing and shall he
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 he effective upon receipt. All facsimile transmissions shall he cffeciivc upon
transmission receipt, provided a hard copy is mailed the same date. All notices by mai I shall he
considered effective seventy-two(72)hours after deposit in the United States mail with the ,wooer
address as set forth below. Either Party by notice so given may change the address to which future
notices shall be sent.
8
Notice to City: City of Evans Notice to Owner: Chris Frye
Attn: City Manager
1100 37' Street
Evans,CO 80620
With copy to: R.Russell Anson,City Attorney
820 13'h Street
Greeley,CO 80631
36. 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. §31-1 2-
1 12, 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.
37. Legislative Discretion. The Owner acknowledges that the annexation and zoning
of the Property, are subject to the legislative discretion of the City Council of the City of Evans.
No assurances of annexation,zoning,or special use permit approval have been made or relied upon
the Owner. In the event that, in the exercise of its legislative discretion, any action with res2ect 10
the annexation, zoning or special use approval for the Property, as contemplated herein anc in the
proposed Conceptual Development Plan for the Property,is not taken or if once taken and Owner
is in full compliance with such annexation,zoning or special use approvals,is not maintained then
the Owner may withdraw the petition for annexation and seek disconnection from the City in
accordance with state law, as may be appropriate and City agrees not to oppose.
38. 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.
39. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein,it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
40. 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.
41. No Warranties by the City. The City is entering into this Agreement in good faith
and with the present intention,on the part of the present City Council, that this Agreement will he
complied with. However, because some of the provisions of this Agreement may involve areas of
legal uncertainty, the City makes no representation as to the validity or enforceability 0f this
9
Agreement that no such warranty is made on the part of the City.
42. Non-conforming Use. In the event Owner's zoning and development plan is not
advanced with reasonable diligence,City agrees to allow the existing non-conforming agricultural
use to continue until such time as the property is rezoned but not at a greater level than at its current
level of activity and use.
ATTEST: CITY OF EVANS, COLORADO,
A MUNICIPAL CORPORATION
By: By:
City Clerk Mayor
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
)ss.
COUNTY OF
B y:
The above and foregoing signature of _, on behalf of
, was subscribed under oath before me on this day
of , 2000.
WITNESS my hand and official seal.
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
)a.
COUNTY OF
By:
The above and foregoing signature of _, on behalf of
, was subscribed under oath before me on this day
of , 2000.
WITNESS my hand and official seal.
10
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
)ss.
COUNTY OF
The above and foregoing signature of _, on behalf of
, was subscribed under oath before me on this day
of , 2000.
WITNESS my hand and official seal.
1I
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