HomeMy WebLinkAbout20001832.tiff The City of
COLORADO
July 21, 2000
Clerk to the Board of Weld County Commissioners
915 10th Street
Greeley, CO 80631
Re: Referral for comments regarding Sears Farm Annexation
Dear Commissioners:
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
August 15, 2000 to determine whether the enclosed described territory, referred to as the Sears
Farm Annexation, is eligible for annexation to the City of Evans.
The proposed annexation contains approximately 232 acres, and is located south of 37th Street
and west of 23rd Avenue. Included with the following materials is a conceptual plan for the
subject parcel, which proposes single-family & multifamily residential, land lease community,
open space and commercial land uses.
If you have any questions or comments please contact me at 339-5344 ext. 112 by August 9,
2000.
Sincerely,
LEI 1
Elizabeth ford
Planner
Enclosure
li
2000-1832
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-04/Z
The City of
CITY OF EVANS co�oanoo
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 Sears Farm Annexation
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;
SEE ATTACHED EXHIBIT A
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 olthc
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 (MGR ;RANT NACRES ANI3
THE BOARD-OF COUNTY-COMMISSIONERS-OFWEi D-COT3N-T-Y-H
AGREED-TO WAIVE-THE-REQUIREMENT- OF AN-IMPACT-REPORT As
PROYIDEITFOR1N-SECTION 3 3=12 198 5,-CRS;A3-AMENDED-) (MORE
THAN TEN ACRES AND AN IMPACT REPORT AS PROVIDED FOR IN
SECTION 31-12-108.5, CRS, AS AMENDED, IS REQUIRED.) ('FEN-ACRES
OR-FEWER-AND-AN IN'WACT REPORT-AS PROVIDED-FOR IN-SEGTION
3-1-d2=t08.3;CRS-AS-f>3vfEND•ED IS-14OT REQUIREB7)
10) The area proposed to be annexed is located within Weld County, and the following
special districts:
Water Districts NCW
Sanitation District _
Fire District LaSalle
School District #6
Recreation District
Library District Weld
Ambulance District
Jr. College District Aims
Other West Greeley Soil
1 1) 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;
5) A map showing the boundary of the area proposed to be annexed, such map
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 lots and blocks are shown;
d) Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the City of Evans, and the contiguous boundary of any
other municipality abutting the area proposed to be annexed;
e) The dimensions of the contiguous boundaries are shown on the map.
13) The territory to be annexed is not presently a part of any incorporated city, city
and county, or town;
14) The undersigned agree to the following 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)
X No pan 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
Petition for Annexation
Page 4
PETITION FOR ANNEXATION
Executed this I5- Day of `-1141 - S2.0ZU
Name Lan ings Development, LLC _,,,..{.1;e-e/
by:by: Nicholas D. Francis, Mgr. Name Nicholas W. Francis
1220 11th Ave. , Suite 300Watsonby: Nicholas D. Francis, Attorney-in -Fact
6034 W Drive
Greeley, CO 80631 Ft. Collins, CO 80528
Address Address
1-- -7/4 , -
Name Landings evelopme t, LLC 1,iniie Janice K. Francis
by: Steve Wyatt, Mgr.
1.220 11th Ave. , Suite 300 6034 Watson Drive
Greeley, CO 80631 Ft. Collins, CO 80528
Address Address
The foregoing instrument was acknowledged before me this t 5TH day of
JUNE , A.D.419 2000
Witness my hand and official seal. My commission expires SEPTEMBER 20 2003
.. it) r3
Notary Public
******************************************************************************
Office Use Only
Date.Received Signed
Fees
"EXHIBIT A"
LEGAL DESCRIPTION:
That part of the East Half of Section 25, Township 5 North, Range 66 West of the 6'h P.M.
Being part of the Lands Subdivided by the St. Louis Western Colony, and being more
particularly described as follows:
Lots 2, 3, and the East Half and the Southwest Quarter of Lot 4 of the Northeast Quarter and
Lots 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 of the Northeast Quarter and Lots 1, 2, 3, and 4 of the
Northeast Quarter of the Southeast Quarter; Lots 1, 2, 3, and 4 of the Northwest Quarter of the
Southeast Quarter; The North Half of Lots 1 & 2 of the Southwest Quarter of the Southeast
Quarter and the North Half of Lot 2 of the Southeast Quarter of the Southeast Quarter.
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 15th day of August, 2000 at 7:30 P.M., held
at the City Hall Council Chambers, 1100 37th Street, Evans, CO, at which time and place the)
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 Sears Farm Annexation and is described as:
That part of the East Half of Section 25, Township 5 North, Range 66 West of
the 61h P.M. Being part of the Lands Subdivided by the St. Louis Western
Colony, and being more particularly described as follows:
Lots 2, 3, and the East Half and the Southwest Quarter of Lot 4 of the Northeast
Quarter and Lots 5, 6. 7, 9, 10, 11, 12, 13, 14, 15, 16 of the Northeast Quarter
and Lots 1, 2, 3, and 4 of the Northeast Quarter of the Southeast Quarter; Lots 1,
2, 3, and 4 of the Northwest Quarter of the Southeast Quarter; The North Half of
Lots 1 & 2 of the Southwest Quarter of the Southeast Quarter and the North Half
of Lot 2 of the Southeast Quarter of the Southeast Quarter.
Containing approximately 232 acres more or less.
Vicinity: West of 23rd Avenue and South of 37th 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 July 22, 29th & August 5, 12th.
CITY OF EVANS, COLORADO
RESOLUTION NO. 30-2000
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS FOR THE SEARS FARM ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation map, was hereto
filed with the City Clerk requesting the annexation of certain property to be known as the Scars Fam i
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 CITY OF
EVANS, COLORADO:
Section 1. That the City Council hereby accepts said annexation petition, finds anal
determines that the annexation petition and accompanying map are in substantial compliance with
CRS 31-12-107, and desires to initiate annexation proceedings in accordance with 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 maybe required to establish
eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS: A hearing shall bit
held on the 15th day of August, 2000, in the City Council Chambers of the City of Evans, 1 100 37t1I
Street, Evans, Colorado, at 7:30 p.m.
Section 3. The City Clerk shall publish notice of such hearing once per week fo: low
successive weeks in the Greeley Tribune, with the first publication at least thirty(30) days prior to,
the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition in:
annexation to the Clerk of the Board of County Commissioners, the County Attorney and to am.
Special District or School District within the area proposed to be annexed.
Section 4. This Resolution shall be in full force and effect upon its passage and adoption
PASSED,APPROVED AND ADOPTED at a regular meeting of the :ityCouncilofth' (1'10
of Evans on this 20th day of June, 2000
CITY OF EVANS, COLORADO
l�
By: : �
'you
ATTEST:
co, Clerk
SEARS FARM ANNEXATION
IMPACT REPORT
July, 2000
'The City of Evans has received a request from Landings Development to annex approximately
232 acres, including rights-of-way, to the City of Evans. The proposed Sears Farm Annexation
is located south of 37'h Street and west of 23'd Avenue.
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 ,md
financial condition to the City of Evans.
Section 1 - Maps and Utilities
Enclosed as "Exhibit A" is a map showing the vicinity of the Sears Farm Annexation. The
existing city limit lines are dashed with the subject property 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 attached to the report as "Exhibit C". City Council approved the
annexation agreement on June 6, 2000 with the caveat that the conceptual plan be reviewed by
a certified planner, hired by the Annexor, and that the conceptual plan include a minimum of
four acres of unencumbered park land, with an emphasis on preservation of the existing riparian
habitat. A revised conceptual plan is attached to the report.
Section 3 - Providing Municipal Services/Infrastructure improvements
The proposed annexation includes a combination of residential and commercial development
consisting of approximately 1000 units over±232 acres. The conceptual plan includes
103 acres of single-family residential, 11 acres of multifamily residential, 9.1 acres of
commercial, 8.5 acres of open space, and 71.2 acres of land lease community.
The single-family residential proposes 412 lots, and the land lease community proposes 350
land lease lots. Build out of this development is estimated to take around ten years.
There is an existing water main in 37'h Street to service this project. It is the developers
responsibility to extend adequate water services for fire protection and potable water needs
1
"EXHIBIT A"
LEGAL DESCRIPTION:
That part of the East Half of Section 25, Township 5 North, Range 66 West of the 6`h P.M. Being,
part of the Lands Subdivided by the St. Louis Western Colony, and being more particularly
described as follows:
Lots 2, 3, and the East Half and the Southwest Quarter of Lot 4 of the Northeast Quarter and Lots
5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 of the Northeast Quarter and Lots 1, 2, 3, and 4 of the
Northeast Quarter of the Southeast Quarter; Lots 1, 2, 3, and 4 of the Northwest Quarter of the
Southeast Quarter; The North Half of Lots 1 & 2 of the Southwest Quarter of the Southeas
Quarter and the North Half of Lot 2 of the Southeast Quarter of the Southeast Quarter.
Exhibit A - Reso ;I -'Opt
from 23`d Avenue.
This site has adequate sanitary sewer service with an existing sanitary sewer main that bisects
the northeast corner of the property. 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 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 be the responsibility of the
developer. The City of Evans staff will review proposed plans related to these items to ensure
safe, adequate facilities and improvements are installed..
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 City of
Evans Fire Station No. 2, which is within one-half mile of the subject parcel, and the
availability of adequate water services.
An 8.5 acre parcel is proposed for park land dedication, which the City of Evans will developed
from park fees collected from each building permit. The open space proposed within the land
lease community will be owned, operated and maintained by a land lease community
association.
Setbacks from any oil and gas well heads, tank batteries, separators and related appurtenances
on this property must comply with current City of Evans regulations.
Section 4 - Financing Extension of Municipal Services
All of the services provided by the City will be financed through existing sources of revenue.
These sources will also apply to the Sears Farm, 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.
2
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
Northern Colorado Water Conservancy District
LaSalle Fire District
AIMS Junior College
Weld County Library
West Greeley Soil
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 37th Street and 47'
Avenue for an elementary school site.
3
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Exhibit "C"
ANNEXATION AGREEMENT
SEARS FARM ANNEXATION
This agreement made and entered into this 6th day of June, 2000, by and between
LANDINGS DEVELOPMENT, LLC, hereinafter referred to as "Annexor", and the CITY OF
EVANS, a Municipal Corporation hereinafter referred to as "City".
WHEREAS, Annexor, is the owner of property described in "Exhibit A", attached hereto
would like to annex the subject property to the City; and
WHEREAS, the parties mutually agree pursuant to City Code that the annexation of the
property to the City shall not create any additional costs or impose additional burden on existing
residents of the City to provide public facilities and services to the property after annexation.
In consideration of the foregoing premises and the covenants,promises and agreements of
each of the parties hereto, to be kept and performed by each of them, it is agreed:
WATER SYSTEM
A. Water Distribution. Annexor shall be responsible for the total cost of construction and
placement of all new water mains to Annexor's property and within the development itself
Annexor agrees to dedicate all necessary unobstructed rights-of-way for utility easements needed
for water mains to serve the area described herein. The parties mutually agree that Annexor shall
design and install water mains and fire hydrants within the lands described herein in accordance
with City standards and specifications, subject to approval of the Public Works Director. It is
expressly understood the City may be unable to provide fire protection to any of the annexed land
prior to the installation of required fire hydrants. Annexor shall dedicate all water mains, under
warranty with a one year guarantee for maintenance,to the City. Upon acceptance by the City, the
water mains and related improvements shall be maintained by the City (subject to the aforesaid
warranty).
B. Water Rights. At the time of recording the annexation plat,Annexor shall dedicate water
rights as required by Chapter 13.08 of the Evans Municipal Code. The City may accept the
following water rights: Greeley/Loveland Irrigation Corporation (GLIC), Lakc Loveland, Seven
Lakes, Colorado-Big Thompson (C-BT). If at any point in the future the City accepts any other
water sources, Annexor shall have the right to provide such water source.
C. Water System Reimbursement Agreements. If Annexor's property is serviced by water
mains designed and installed by another developer, Annexor may be required to by the City to pay
a reimbursement fee to use those services per Chapter 13.28 of the Evans Municipal Code.
Annexor/Developer,per Chapter 13.28,may request reimbursement for construction costs of w.'ter
mains when additional properties tie into eligible mains installed by the Annexor/Developer.
Page 1 of 7
NON-POTABLE WATER SYSTEM
A. Non potable irrigation system. Annexor 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 Annexor. 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 potab le 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.
B. Irrigation Pond. The non-potable water system will include a permanent water feature
for use as a water source, a pump building, distribution mains, and related appurtenances. Since
Annexor intends to retain ownership of the permanent water feature,or pond,the Annexor and the
City may enter into an agreement for the Annexor to provide non-potable water services to those
park areas intended for dedication to the City,and Annexor shall subdivide park land in accordance
with retaining such water feature.
C. Evans Ditch. The City agrees to provide Evans Ditch water to supplement the identified
water feature and non-potable irrigation system as necessary. Annexor agrees to pay ditch fees in
accordance with the City of Evans fee schedule as adopted by City Council by Resolution, which
fees or rates may be modified by the City in the future solely at the City's option.
SANITARY SEWER SYSTEM
A. Sanitary Sewer Collection. The northern portion of the development will be serviced
by an existing sewer main that bisects the northeast co:rner of the property along the 40' Street
platted right-of-way,then at a ninety degree angle turns north towards 37'Street within an existing
20'sanitary sewer easement. The southern portion of the development will be serviced by a viable
gravity alternative as approved by the City. Annexor will design and install a water & sanitary
sewer stub-out for future restroom facilities within all proposed park areas.
Annexor shall be responsible for the total cost of construction and placement of all new
sewer mains to Annexor's property and within the development itself,and upon acceptance by the
City,will dedicate all sewer lines under warranty with a one year guarantee for maintenance to the
City. Upon acceptance by the City,the sewer mains and related improvements shall be maintained
by the City (subject to the aforesaid warranty). Annexor agrees to dedicate all necessary
unobstructed rights-of-way and easements needed for sewer mains to serve the area described
herein upon approval of construction plans.
B. Sanitary Sewer System Reimbursements Agreements. If Annexor's property is erviccd
by sewer mains designed and installed by another developer, Annexor may be required m pay a
reimbursement fee to use those services per Chapter 13.28 of the Evans Municipal Code.
Annexor/Developer, per Chapter 13.28, may request reimbursement for construction costs of
Page 2 of 7
sanitary sewer mains when additional properties tie into eligible mains installed by the
Annexor/Developer.
STREETS
A. Street/Right-of-way dedications. Annexor shall dedicate and improve all rights-of-way
for public streets, for the full width thereof, as required by the City, and design and fully improve
to City standards (or to standards contained herein) all public streets within the property (local,
collector& 1/3 arterial streets adjacent to property). For collector streets on the exterior boundaries
of the property, Annexor shall improve up to one-half of the street. Annexor's obligation for
dedication of arterial streets adjacent to the property shall be limited to the dedication of sufficient
right-of-way to meet City of Evans arterial street design standards plus any additional roadway
required pursuant to a traffic impact study. Annexor shall dedicate all public right-of-way
improvements under warranty with at least a one year guarantee for maintenance to the City. Once
accepted by the City, the public streets shall be maintained by the City of Evans.
B. Street Improvements. Annexor shall be responsible for the following street
improvements, (but may also be required to develop at its cost other street improvement;
depending on final design of the development):
✓ One-third (1/3) of 23r' Avenue between 37'h Street and 42"° Street
✓ One-third (1/3) of 37'h Street between 23`d Avenue and 29th Avenue
✓ One-half(%z) of 29' Avenue between 37'h Street and 42" Street
✓ All (100%) of Harbor Lane between 37'h Street and 42"d Street
✓ Two-thirds (2/3) of 42"d Street between 23`d Avenue and 29th Avenue
Annexor's one-third share of arterial street development pertains to the 1/3 adjacent to
Annexor's property, including but not limited to asphalt, curb, gutter, and sidewalk, etc.
C. Access/Traffic Study/Signals. The City anticipates allowing access points per the
attached conceptual plan, as recommended by a qualified Traffic Engineer. A traffic study for the
proposed development shall be completed by the Annexor in accordance with City requirements.
In making his/her recommendation, the Traffic Engineer shall consider future signalization and
signal progression analysis. Anncxor shall be responsible for payment of a portion of the cost
related to the design and construction of such future signalization when it is determined that such
infrastructure is warranted.
DEVELOPER'S AGREEMENT
A. Developer's Agreement. In a form provided by the City, the Annexor and the City shall
enter into a public improvements developer's agreement. Annexor shall submit a proposed public
improvements developer's agreement concurrently with submittal of its preliminary plan for
development of the property. The final form of developer's agreement shall be subject to mutt.ial
agreement of the parties on the terms and conditions of same but shall comply with all Municipal
Code requirements and shall require the Annexor/Developer to alleviate any impacts (h,�
Page 3017
construction or payment) this development has on the city. The developer's agreement shall be
signed upon final approval of construction plans.
STORM DRAINAGE
A.Drainage Study. The Annexor shall prepare a drainage study for the entire property in
compliance with the City of Evans Drainage Criteria Manual. Annexor shall design a conceptual
master drainage study for the entire site,and a final drainage study for each phase of development.
Annexor shall construct all on-site and off-site storm drainage facilities.
B. Storm Water Collection. Facilities necessary to provide adequate drainage for storm
water flows emanating from outside the property will be designed for quantities in excess of those
amounts historically discharged from the site. These facilities will be developed in conformance
with the Comprehensive Drainage Study and other regulations and ordinances of the City. Upon
completion of each phase of development,all drainage improvements shall be installed. All storm
drainage improvements may be approved and inspected by the Public Works Director or his
designee and must be built in accordance with City building and construction standards. All
detention facilities intended for public land dedication shall not exceed a 4:I slope. Annexor w i'I
provide all rights-of-way, drainage easements, park and detention pond areas, storm drainage
collection systems under warranty with a one year guarantee for maintenance. Upon acceptance
by the City,such improvements shall be maintained by the City(subject to the aforesaid warranty�.
In the event the Evans Municipal Code provides for payback agreements for drainage
improvements similar to those provided in Chapter 13.28 of the Evans Municipal Code, the City
and Annexor may consider such an agreement.
PUBLIC LAND DEDICATION
A. Land Dedication. The Annexor shall provide Open Space and other Public Land
Dedication, as required by existing ordinances which are in effect at the time of subdivision
approval. Annexor shall dedicate a minimum of four acres north of 42"a Street, and a minimum
of four acres south of 42n° Street for the development of useable neighborhood park land. and
access to all parks shall be from local/collector streets. If Annexor dedicates and/or develops
land intended for useable parks, the City agrees to negotiate the potential waiver of park fees.
ZONING AND DESIGN
A. Conceptual Plan. Annexor and City shall mutually agree upon a conceptual land use
plan,which is in compliance with the Future Land Use Map. It is the Developer's intent to develop
and zone the property in accordance with the conceptual land use plan as shown in "Exhibit I3 '.
The conceptual plan shall be reviewed by a planning consultant, hired by Annexor.
The conceptual plan identifies a diversified development including single-family homes,
multifamily homes,manufactured homes in a land lease community,commercial property,common
open spaces, a community park, and an area reserved for future storage of recreational vehicles.
The recreational vehicles storage shall have adequate access and shall be appropriately screened
Page 4 of 7
and buffered. The Prairie View Drive (42"d Street) arterial will separate the commercial,
multifamily and single-family developments from the land lease community. Development north
of 42"d Street will be subject to the City's zoning and development standards. The land lease
community would be developed in accordance with a Planned Unit Development (P.U.D.) Plan.
All areas south of 42'Street identified as open space on the conceptual plan shall be seeded
with native or maintained grasses and installed with an irrigation system accordingly.
Annexor agrees the design, improvement, construction, and development of the properly
described herein shall be in conformance with the City of Evans Design Guidelines as those
requirements exist at the time of site plan application,or to standards consistent with a site sped fie
planned unit development (P.U.D.) plan.
B. Rezoning Process. Upon submittal of required rezoning materials,Annexor's rezoning
request shall be processed concurrently with the petition for annexation. This provision does nut
waive the authority of the Annexor or the City of Evans to initiate rezoning of 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.
SPECIAL DISTRICTS
A. Annexor agrees to petition out of the LaSalle Fire Protection District and does
hereby irrevocably appoint the Fire Chief of the City of Evans its true and lawful agent and
attorney for the Annexor and in the Annexor's name and stead to sign and execute any and all
petitions, documents and writings pertaining to the lands herein described which shall be
necessary and appropriate to petition out of such LaSalle Fire Protection District.
GENERAL, PROVISIONS
A. Annexor agrees the design, improvement, construction, and development of the
property described herein shall be in conformance with the City of Evans Design Guidelines :IS
those requirements exist at the time of site plan application, or to standards consistent with a
site specific planned unit development (P.U.D.) plan. The provisions of this Agreement are
intended to serve as a guideline and may be modified by the City in order to comply with
Municipal Code requirements, changes in Annexor or Developer designs, as may be necessary
to alleviate any impact the development may have on the city.
B. This agreement shall he recorded with the Clerk and Recorder of Weld County
Colorado, shall run with the land, and shall be binding upon and inure to the benefit of the
heirs, successors and assignees to the parties hereto. Annexor shall notify the City of
assignments and the names of the assignees.
C. Nothing contained in this 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
Page 5 of 7
uniform or general application.
D. No right or remedy of disconnection of the described property from the City
shall accrue with this agreement, other than that provided under Colorado Revised Statutes. In
the event the property, or any portion thereof, is disconnected at the Annexor's request, the City
shall have no obligation to serve the disconnected property and this agreement shall be void and
of no further force and effect as to such property.
E. It is understood and agreed by the parties hereto, that if any part, term, or
provision of this agreement is by the courts determined to be illegal or in conflict with any law
of the State of Colorado, the validity of the remaining portions or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
agreement did not contain that particular part, term, or provision held to be invalid.
F. This agreement comprises the whole agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein and under the
ordinances of the City of Evans; this agreement shall supersede all previous communications.
representations, or agreements, either verbal or written, between the parties hereto. There shall
be no modification of this agreement except in writing, executed with the same formalities as
this agreement may be enforced in any court of competent jurisdiction.
G. This agreement is between the City and Annexor for the development of the
Sears Farm Annexation, which project is being developed by Landings Development, LLC
and/or his assigns ("Developer"). All commitments and obligations of Annexor shall he
assumed by the Developer upon transfer of ownership of the property to Developer (or shall be
assumed by the successors and assigns). Assignor(or Developer, upon transfer to its successor
in interest) shall thereupon be released from any obligation or liability under this Agreement.
H. Notwithstanding any other terms or conditions of this Agreement, the
agreements, obligations and undertakings of Annexor(or Developer, as appropriate) under this
Agreement are contingent upon the City's Annexation of the property as contemplated by this
Agreement.
I. Annexor and City anticipate that the obligations of Annexor with respect to off-
site development(including, without limitation, off-site utilities) shall be in accordance with
and limited to the obligations shown on the conceptual utility plan attached hereto as Exhibit
"C" and incorporated herein by this reference.
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized official,;
to place their hands and seals upon this agreement dated this year first above.
CITY OF EVANS, COLORADO
By:
Mayor
ATTEST:
City Clerk
ANNEXOR: ANNEXOR:
By: By:
Date: Date:
ANNEXOR: ANNEXOR:
By: By:
Date: Date:
ANNEXOR: ANNEXOR:
By: _ By:
Date: Date:
The foregoing instrument was acknowledged before me this day of
, A.D. 20 .
Witness my hand and official seal.
My commission expires
Notary Public
Page 7 of 7
"EXHIBIT A"
LEGAL DESCRIPTION:
That part of the East Half of Section 25, Township 5 North, Range 66 West of the 6th P.M.
Being part of the Lands Subdivided by the St. Louis Western Colony, and being more
particularly described as follows:
Lots 2, 3, and the East Half and the Southwest Quarter of Lot 4 of the Northeast Quarter and
Lots 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 of the Northeast Quarter and Lots 1, 2, 3, and 4 of the
Northeast Quarter of the Southeast Quarter; Lots 1, 2, 3, and 4 of the Northwest Quarter of the
Southeast Quarter; The North Half of Lots 1 & 2 of the Southwest Quarter of the Southeast
Quarter and the North Half of Lot 2 of the Southeast Quarter of the Southeast Quarter.
EXHIBIT "B"
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SEARS FARM CONCEPTUAL PLAN
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