HomeMy WebLinkAbout20001967.tiff Brook's Farm
Annexation Impact Report
To the Town of Firestone
Weld County, Colorado
July 24, 2000
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Brook's Farm
Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Brook's Farm Annexation is shown on Exhibit
A. The area to be annexed includes approximately 76.446 acres of
predominately vacant land and County road right-of-way in unincorporated
Weld County. Consistent with the Municipal Annexation Act and agreed
upon policy between the Town and the County, the Town will not annex
"one-half" of any County roadway.
In conjunction with the proposed annexation, the zoning for the subject
property is anticipated to change from Weld County Agricultural zoning to
Town of Firestone Planned Unit Development zoning. Land uses
associated with the proposed zoning in Firestone are residential land uses.
Current activity on the property includes agriculture activities with related
accessory uses. The Town Board will review the annexation and zoning
proposals in relation to the Town's current land use and development
policies and intergovernmental agreements. A referral relative to the
proposed land use for the property has also been sent to various County
departments for comments.
The land uses proposed are generally consistent with the Firestone
Comprehensive Plan Map.
II. Municipal Services
Municipal services for The Brook's Farm Annexation will be provided in the
following manner at the time of development of the Property:
Electricity United Power or Public Service Company
Natural Gas K-N Energy and/or Public Service Company
Telephone US West
Water Town of Firestone
Sewer St. Vrain Sanitation District
Fire Mountain View Fire Protection District
Police Firestone Police Department
Street Maintenance Town of Firestone and/or Private Maintenance
Prepared
7/24/00 1
Financing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
will be financed through impact fees, taxes, charges and/or special
improvement districts, if necessary.
The owner/developer will primarily be responsible for the costs of water
and service facilities serving the property. A general map showing
approximate existing or planned locations of ditches, transportation
facilities, water and sewer facilities and other known utilities is shown as
Exhibit B. Access to the property will have to comply to the Town's Access
Code and Ordinance.
III. Special Districts
A. The area proposed to be annexed is within or will petition for inclusion
into the following special districts, as appropriate:
• Weld Library District
• St. Vrain Valley School District RE-1J
• Northern Colorado Water Conservancy District
• Mountain View Fire Protection District
• St. Vrain Sanitation District
IV. School District Impact
The Town of Firestone has sent a referral regarding this annexation and
the currently proposed land uses to the School District for referral. The
response, from the School District should be forthcoming. The density of
the proposed annexation is still being considered by the Town. The
applicant estimates the number students will be 165. There is an
Intergovernmental Agreement between the Town of Firestone and the St.
Vrain Valley School District RE-1J which addresses additional funding for
school services.
V. Annexation Agreement
Although all the details of an annexation agreement between the Town and
the applicant have not been negotiated, the Town of Firestone's standard
annexation agreement is attached as Exhibit C.
Prepared
7/24/00 2
VI. Intergovernmental Agreement With Weld County
The Town has entered into an Interim Coordinated Planning Agreement
with, Weld County, et al. This Agreement sets forth a Firestone Urban
Growth Boundary. As this annexation area is just outside the Town's
Urban Growth Boundary, the Town has contacted the parties to this
Agreement to request a modification to include this property.
VII. Exhibits
A. Annexation Map
Annexation maps.
B. Service Utility Map
Key Utility Locations.
C. Annexation Agreement
Firestone's Base Annexation Agreement.
Prepared
7/24/00 3
Firestone
A Community
.•• In Motion July 24 , 2000
ss.2908
Clerk of the Weld County Board Frederick Area Fire
of County Commissioners Protection District
P.O. Box 758 _ 31 Walnut
Greeley, CO 80632 Frederick, CO 80530
Bruce Barker, Esq. Tri-Area Ambulance District
Weld County Attorney 350 4th Street
915 10th Street P.O. Box 708
Greeley, CO 80632 Frederick, CO 80530
St . Vrain Sanitation District Town of Frederick
515 Kimbark Street, #109 P.O. Box 435
Longmont, CO 80501 Frederick, CO 80530
St . Vrain Valley School District City of Dacono
395 South Pratt Parkway P.O. Box 186
Longmont, CO 80501-6499 Dacono, CO 80514
Central Weld County Water District Weld Library District
2235 2nd Avenue 2227 23rd Avenue
Greeley, CO 80631 Greeley, CO 80631
Carbon Valley Recreation District Left Hand Water District
P.O. Box 119 P.O. Box 210
Frederick, CO 80530 Niwot, CO 80544
St . Vrain and Left Hand Water Weld County Tri-Area
Conservancy District Sanitation District
9595 Nelson Rd, Box C P.O. Box 213
Longmont, CO 80501 Frederick, CO 80530
Northern Colorado Water Mountain View Fire
Conservancy District Protection District
P.O. Box 679 9119 County Line Rd.
Loveland, CO 80539 Longmont, CO 80501
Dear Sir or Madam:
Enclosed please find notification for proposed annexations to the Town
of Firestone, Colorado, to be known as the Brooks Farms Annexations . The
Public Hearing on the proposed annexation is scheduled for Thursday,
August 24 , 2000 , at 7 : 30 p.m. , as described in the enclosed Resolution
Nos . 00-37 . Also enclosed are copies of the Petition for Annexation as
filed and the notice published in the Farmer & Miner on July 19 and 26,
and August 2 and 9 .
TOWN OF FIRESTONE, COLORADO
Cheri Anderson
Town Clerk
150 Buchanan P.O. Box 100 Firestone, Colorado 80520
(303) 833-3291 Fax(303) 833-4863
FAX
RESOLUTION NO. 00-t919
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR TWO
ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE BROOKS FARMS ANNEXATION TO THE
TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING
THEREON. -
WHEREAS, two petitions for annexation of certain property to
be known as the Brooks Farms Annexation, to be annexed in a
series, have been filed with the Town Clerk of the Town of
Firestone, Colorado, and referred to the Board of Trustees of the
Town of Firestone for a determination of substantial compliance
with applicable law; and
WHEREAS, the Board of Trustees has reviewed the petitions;
and
WHEREAS, the Board of Trustees wishes to permit simultaneous
consideration of the subject properties for annexation and for
zoning, if requested in the petitions; and
WHEREAS, the Board of Trustees has reviewed the petitions and
desires to adopt by Resolution its findings in regard to the
petitions .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
Section 1. The petitions, the legal descriptions for which
are attached . hereto as Exhibit A and incorporated herein by
reference, are in substantial compliance with the applicable laws
of the State of Colorado.
Section 2 . No election is required under §31-12-107 (2) , C. R. S.
Section 3. No additional terms and conditions are to be
imposed except any provided for in the petitions .
Section 4 . The Board of Trustees will hold a public hearing
for the purpose of determining if the proposed annexations comply
with §31-12-104, C.R, S . and with §31-12-105, C.R. S . , and will- hold
a public hearing to determine the appropriate zoning of the
subject properties , if requested in the petitions, at the
Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520,
on Thursday, August 24 , 2000, at 7 : 30 P.M.
Section 5. Any person may appear at such hearing and present
evidence relative to the proposed annexations, or the proposed
zoning if requested in the petitions .
1
Section 6. Upon completion of the hearing, the Board of
Trustees will set forth, by resolution, its findings and
conclusions with reference to the eligibility of the proposed
annexations, and whether the statutory requirements for the
proposed annexations have been met, and further, will determine
the appropriate zoning of the subject properties if requested in
the petitions.
Section 7 . If the Board of Trustees concludes, by resolution,
that all statutory requirements have been met and that the
proposed annexations are proper under the laws of the State of
Colorado, the Board of Trustees may pass one or more ordinances
annexing the subject properties to the Town of Firestone, and will
pass one or more ordinance's zoning the subject properties if
requested in the petitions .
Section B . Resolution No. 00-35 is hereby repealed.
, INTRODUCED, READ, and ADOPTED this 1cD day of
, 2000 .
(O OA Ric k Pa terson
ayor
ATTEST: J, SEAL ; $
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Cheri Anderson
Town Clerk
071000/1124(sj1]F;\OFFICE\Firestone\Annex\BrOOksFarm.res
2
EXHBIT A
LEGAL DESCRIPTION
Proposed Brooks Farms First Addition;
Legal Description of a tract of land -being a portion of Lot B of
the Recorded Exemption No. 1311-06-2-1708 according to the plat
on file in the office of the Clerk and Recorder, County of Weld,
State of Colorado being more particularly described as follows :
Beginning at the West One Quarter Corner of Section 6, Township 2
North, Range 67 West of the 6th P.M. said County, and considering
the West line of the Northwest Quarter of said Section 6 as
bearing South 00°24 ' 19" West and with all bearings contained
herein relative thereto; thence along the South line of the
Northwest Quarter of said Section 6 South 87 °20 ' 55" East 1231. 74
feet to the Southeast Corner of said Lot B; said point also being
the TRUE POINT OF BEGINNING; thence North 08°53 ' 09" West 982 . 60
feet; thence South 14°11 ' 19" West 982 . 60 feet to a point on the
South line of the Northwest Quarter of said Section 6; thence
along said South line South 87°20 ' 55" East 393 . 05 feet to the
TRUE POINT OF BEGINNING. The above described parcel of land
contains 4 . 344 acres more less;
And Proposed Brooks Farms First Addition:
Legal Description of a tract of land being a portion of Lots A
and B of the Recorded Exemption No . 1311-06-2-1708 according to
the plat on file in the office of the Clerk and Recorder, County
of Weld, State of Colorado and portions of Section 1, Township 2
North, Range 68 West, Section 6, Township 2 North, Range 67
West, Section 31, Township 3 North, Range 67 West, and Section
36, Township 3 North, Range 68 West of the 6th Principal
Meridian, Weld County, Colorado being more particularly described
as follows :
Beginning at the West One Quarter Corner of said Section 6 and
considering the West line of the Northwest Quarter of said
Section 6 as bearing North 00°24 ' 19" East and with all bearings
contained herein relative thereto; thence along the South line of
the Northwest Quarter of said Section 6 South 87 °20 ' 55" - East
1231 . 74 feet to the Southeast Corner of said Lot B; said point
also being the TRUE POINT OF BEGINNING; thence North 08 ° 53 ' 09"
West 982 . 60 feet; thence South 14 ° 11 ' 19" West 982 . 60 feet to a
point on the South line of the Northwest Quarter of said Section
6; thence along said South line North 87 °20 ' 55" West 608 . 67 feet
to a point on the East right-of-way line of Weld County Road 13 ;
thence along said East right-of-way line South 00°22 ' 35" West
775 . 63 feet to a point on the North line of Oak Meadows P . U . D.
Filing No. 1 to the Town of Firestone according to the plat on
3
file in the office of the Clerk and Recorder said County; thence
along said North line North 87°20 ' 47" West 30 . 02 feet to the
Northeast Corner of Firestone Development Annexation No. 2
according to the plat on file in the office of the Clerk and
Recorder said County; thence along said North line North
87°20 ' 47" West 30 . 02 feet to a point on the West right-of-way
line of said Weld County Road 13; thence along said West right-
of-way line North 00°22 ' 35" East 773 .26 feet; thence continuing
along said West right-of-way line North 00°24 ' 19" East 2692 . 74
feet to a point on the Northerly right-of-way line of Weld County
Road No. 26; thence along said Northerly right-of-way line South
89° 12 ' 01" East • 1301 . 07 feet; thence departing said Northerly
right-of-way line and along the Northerly prolongation of the
East line of said Lot B South 01°14 ' 59" West 30 . 00 feet to the
Northeast Corner of said Lot B; thence continuing along said East
line South 01° 14 ' 59" West 2701 . 16 feet to the TRUE POINT OF
BEGINNING. The above described tract of land contains 76 . 446
acres more or less .
4
•
EXHIBIT C
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
We, the undersigned landowners, in accordance with Colorado law hereby
petition the Town of Firestone and its Board of Trustees for annexation to the
Town of Firestone of the unincorporated territory, the legal description of
which is attached hereto as Exhibit A and,incorporated herein by this
reference, located in the County of Weld and the State of Colorado, and to be
known as the Erooks Farm First Addition Annexation to the Town of Firestone. .
As part of this petition, your petitioners further state to the Board of
Trustees that:
1. It is desirable and necessary that the territory described in
Exhibit A be annexed to the Town cf Firestone.
2 . The requirements of Sections 31-12-104 and 31-12-105, C.R.S. , as
amended, exist or have been met in that:
a. Not less than one-sixth of the perimeter of the area proposed
to be annexed is contiguous with the Town of Firestone or
will be contiguous with the Town of Firestone within such
time as reauired by Section 31-12-104.
b. A community of interest exists between the area proposed to
he annexed and the Town of Firestone.
c. The area proposed to be annexed is urban or will be urbanized
in the near future.
d. The area proposed to be annexed is integrated with or is
capable of being integrated with the Town of Firestone.
e. No land within the boundary of the territory proposed to be
annexed which is held in identical ownership, whether
consisting of one tract or parcel of real estate or two or
more contiguous tracts or parcels of real estate, has been
divided into separate parts or parcels without the written
consent of the landowner or landowners thereof, unless such
tracts or parcels were separated by a dedicated street, road,
or other public way.
f. No land within the boundary of the area proposed to be
annexed which is held in identical ownership, whether •
consisting of one tract or parcel of real estate or two or
more contiguous tracts or parcels of real estate, comprises
twenty acres or more, and which, together with the buildings
and improvements situated thereon, has an assessed value in
excess of two hundred thousand dollars ($200, 000 . 00) for ad
valorem tax purposes for the year next preceding the
annexation, has been included within the area proposed to be
annexed without the written consent of the landowner or
landowners .
g. No annexation proceedings have been commenced for any portion
Page l of 6
of the territory proposed to be annexed for the annexation of
such territory to another municipality.
h. The annexation of the territory proposed to be annexed will
not result in the detachment of area from any school
district.
i. The annexation of the territory proposed to be annexed will
not have the effect of extending the boundary of the Town of
Firestone more than three miles in any direction from any
point of the boundary of the Town of Firestone in any one
year.
j . The territory proposed to be annexed is 4 .344 acres in
total area.
k. Prior to completion of the annexation of the area proposed to
be annexed, a plan will be in place, pursuant to Section
31-12 -105 (1) (e) , C. R. S. , which generally describes the
proposed location, character, and extent of streets, subways,
bridges, waterways, waterfronts, parkways playgrounds,
squares, parks , aviation fields, other public ways . grounds,
open spaces, public utilities, and terminals for water
light, sanitation transportation, and power to be provided by
the Town of Firestone; and the proposed land uses for the
area; such plan to be updated at least once annually.
1. In establishing the boundary of the area proposed to be
annexed, if a portion of a platted street or alley' is to be
annexed. , the entire width of the street or alley has been
included within the area annexed, and reasonable access will
not be denied to any landowners, owners of any easement, Or
the owners of any franchise adjoining any. platted street or
alley which is to be annexed to the Town of Firestone but is
not bounded on both sides by the Town of Firestone.
m. If required, an impact report will be prepared and filed
pursuant to Section 31-12-108 . 5, c.R.S.
3 . The owners of more than fifty percent of the area proposed to be
annexed, exclusive of dedicated streets and alleys, have signed
this petition and hereby petition for annexation of such territory.
The signatures on this petition comprise one-hundred percent (100%)
of the landowners of the territory to be annexed and said
landowners attesting tot he facts and agreeing to the conditions
herein contained will negate the necessity of any annexation • .
election.
4. Accompanying this petition are four copies of an 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, said map prepared by and containing the seal of a
registered engineer;
Page 2 of 6
c. Within the annexation boundary map, a showing of the location
of each ownership tract in unplatted land and, if part or all
of the area is platted, the boundaries and the plat numbers
of plots or of lots and blocks;
d. Next to the boundary of the area proposed to be annexed, a
drawing of the contiguous boundary of the Town of Firestone
and the contiguous boundary of any other municipality
abutting the area proposed to be annexed, and a showing of
the dimensions of such contiguous boundaries.
5 . Upon the annexation ordinance becoming effective, all lands within
the area proposed to be annexed will become subject to all
ordinances, resolutions, rules, and regulations of the Town of
Firestone, except for general property taxes of the Town of
Firestone, which shall be come effective as of the January 1 next
ensuing.
6. The zoning classification requested for the area proposed to be
annexed is Residential -A
The petitioners agree that said annexed land shall be brought under
the provisions of Title 17 of the Firestone Municipal Code within
ninety (90) day from the effective date of the annexation
ordinance.
7 . There shall be no duty or obligation upon the Town of Firestone to
furnish water or sanitary sewer facilities to the area proposed to
be annexed. Such services will be provided at such time, in the
sole discretion of the Town, when such services for water and
sanitary sewer can be economically and reasonably installed to
service a sufficient number of inhabitants within the area so as to
make the construction and establishment of such services feasible
and at' no additional cost for the same or similar type of services
provided to inhabitants within the existing corporate limits of the
Town.
B . If required by the Town, an annexation agreement has been or will
be executed by the petitioners herein and the Town of Firestone
relating to this annexation and the petitioners hereby expressly
consent to the terms and conditions set forth in the annexation
agreement .
9. The petitioners agree to the following terms and conditions, which
shall be covenants running with the land, and which may, at the
option of the Town, appear on the annexation map:
a. Water rights shall be provided pursuant to Town ordinance.
b. All conditions set out in the annexation agreement executed
by the petitioner.
WHEREFORE, the petitioners, whose signatures are on the signature sheet
on the next page, respectfully request that the Town of Firestone, acting
through its Board of Trustees, approve the annexation of the area proposed to
be annexed:
Page 3 of 6
•
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful ace, who being first duly sworn upon oath
deposes and says:
That (he or she) was the circulator of the foregoing Petition for
Annexation of lands to the Town of Firestone, -Colorado, consisting of 7
paces, including this page and that each signature th eon was witnessed by
your affiant and is the true signature of the perso hose name it purports to
be.
fri ulator /
ACKNOWLEDGMENT
STATE OF COLORADO )
) ss
COUNTY OF 6-4.412/L...)
The above and foregoing Affidavit of Circulator was subscribed
and sworn to before me this : 7, i' day of 7fla._c.i , 2000.
Witness my hand and official seal.
My commies ion expires on: #T/54-oori
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Page 4 of 6
SIGNATURE SHEET
Signature of Date of Signing Mailing Address of Are you a registered Are you a non- See Exhibit A
Landowner/Petitioner of Each Landowner/ elector, resident resident laud- attached hereto and
signature Petitioner land-owner of the owner of the area incorporated into
area proposed to be proposed to be this petition by this
annexed? annexed? reference, for the
(Yes or No) (Yes or No) legal des-cription of
the land owned by
this signer.
Undivided ono-half One half of undivided
interest in Otto David interest in Lot ➢ of
Brooks and Joyce M. Recorded Exemption
Brooks, Trustees under No. 1311-06-2-1➢1708
the Otto David J. Brooks
Living Trust dated august
1B, 1998. /� /J
(.9470704,,,-49.1, �/St...fi� 37,/�, 11506 SCR 13 Yes
Otto (ok � �i7 Longmont, CO
Otto David J. rooks 00504
Trun tee L/,n�/ /'
/O
p \ ��• 57-74 410 11506 NCR 13 Yes
Jo cE a Brooke
tee Longmont, CO
80504
Undivided one-half One h}lf of undivided
interest in Joyce H. interest in Lot B of
Brooks and Otto David J.
Recorded Exemption
Brooks, Trustees under
No. 1311-06-2-RE1700
the Joyce M. Brooks
Living Trust dated August
19,1998.` �^
� /( 5/56/O0 11506 NCR 13 Yes
Longmont, CO
.flay e N. Brooks 30504
/l.f,•rustee ` /
{p/J J /-�(0O 11506 SCR 13 Yes
P - yg. Longmont, CO
Otto David J Brooks 80504
Trustee
Page 5 of 6
BROOKS FARM ADDITION
•
EXHIBIT A
Brooks Farm First Addition
Legal Description of a tract of land being a portion of Lot B of the
Recorded Exemption No. 1311-06-2-1708 according to the plat on file in
the office of the Clerk and Recorder, County of Weld, State of
Colorado being more particularly described as follows :
Beginning at the West One Quarter Corner of Section 6, Township 2
North, Range 67 West of the 6=r P.M. said County, and considering the
West line of the Northwest Quarter of said Section 6 as bearing South
00°24 ' 19" West and with all bearings contained herein relative thereto;
thence along the South line of the Northwest Quarter of said Section 6
South 87°20 ' 55" East 1231 . 74 feet to the Southeast Corner of said Lot
B; said point also being the TRUE POINT OF BEGINNING; thence North
08°53 ' 09" West 992 .60 feet; thence South 14°11' 19" West 982 .60 feet to
a point on the South line of the Northwest Quarter of said Section 6;
thence along said South line South 87°20 ' 55" East 393 .05 feet to the
TRUE POINT OF BEGINNING.
The above described parcel of land contains 4 .344 acres more less .
•
Page 6 of 6
• FAX
EXHIBIT C
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
We, the undersigned landowners, in accordance with Colorado law hereby
Petition tee Town of Firestone and its Hoard of Trustees for annexation to. the
Town o_ Firestone of the unincorporated territory, the legal description of
which is attached hereto as Exhibit A and incorporated herein by this
reference, located in the County of Weld and the State of Colorado, and to be
known as the Brooks Farm Second Addition Annexation to the Town of Firestone.
As part of this petition, your petitioners further state to the Board of
Trustees that:
1 . It is desirable and necessary that the territory described in
Exhibit A be annexed to the Town of Firestone.
2 . The requirements of Sections 31-12-104 and 31-12-105, C-2.S. , as
amended, exist or have been met in that:
a. Not less than one-sixth of the perimeter of the area proposed
to be annexed is contiguous with the Town of Firestone or
will be contiguous with the Town of Firestone within such
time as required by Section 31-12-104 .
b. A community of interest exists between the area proposed to
be annexed and the Town of Firestone.
c. The area proposed to be annexed is urban or will be urbanized
in the near future.
d. The area proposed to be annexed is integrated with or is
capable of being integrated with the Town of Firestone.
e. No land within the boundary of the territory proposed to be
annexed which is held in identical ownership, whether
consisting of one tract or parcel of real estate or two or
more contiguous tracts or parcels of real estate, has been
divided into separate parts cr parcels without the written
consent of the landowner or landowners thereof, unless such
tracts or parcels were separated by a dedicated street, road,
or other public way.
f. No land within the boundary of the area proposed to be
annexed which is held in identical ownership, whether
consisting of one tract or parcel of real estate or two or
more contiguous tracts or parcels of real estate, comprises
twenty acres or more, and which, together with the buildings
and improvements situated thereon, has an assessed value in
excess of two hundred thousand dollars (5200, 000 . 00) for ad
valorem tax purposes for the year next preceding the
annexation, has been included within the area proposed to be
Page 1 of 7
annexed without the written consent of the landowner or
landowners.
S. No annexation proceedings have been commenced for any Portion
of the territory proposed to be annexed for the annexation of
such territory to another municipality.
h. The annexation of the territory proposed to be annexed will
not result in the detachment of area from any school
district.
i. The annexation of the territory proposed to be annexed will
not have the effect of extending the boundary of the Town of
Firestone more than three miles in any direction from any
point of the boundary of the Town of Firestone in any one
year.
j . The territory proposed to be annexed is 69. 9662 acres in
total area.
k. Prior to completion of the annexation of the area proposed to
he annexed, a plan will be in place, pursuant to Section
31-12 -105 (1) (e) , C. R. S. , which Generally describes the
proposed location, character, and extent of streets, subways,
bridges, waterways, waterfronts, parkways, playgrounds,
squares, parks , aviation fields, other public ways. grounds,
open spaces, public utilities, and terminals for water
light, sanitation transportation, and power to be provided by
the Town of Firestone; and the proposed land uses for the
area; such plan to be updated at least once annually.
1. In establishing the boundary of the area proposed to he
annexed, if a portion of a platted street or alley' is to be
annexed. , the entire width of the street or alley has been
included within the area annexed, and reasonable access will
not be denied to any landowners, owners of any easement, or
the owners of any franchise adjoining any. platted street or
alley which is to be annexed to the Town of Firestone but is
not bounded on both sides by the Town of Firestone.
m. If required, an impact report will be prepared and filed
pursuant to Section 31-12-108 .5, C.R.S.
3 . The owners of more than fifty percent of the area proposed to -be
annexed, exclusive of dedicated streets and alleys, have signed
this petition and hereby petition for annexation of such territory.
The signatures on this petition comprise one-hundred percent (100%)
of the landowners of the territory to he annexed and said
landowners attesting tot he facts and agreeing to the conditions
herein contained will negate the necessity of any annexation
election_
4 . Accompanying this petition are four copies of an annexation map
Page 2 of 7
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, said man prepared by and containing the seal of a
registered engineer;
c. Within the annexation boundary map, a showing of the location
of each ownership tract in unplatted land and, if part or all
of the area is platted, the boundaries and the plat numbers
of plots or of lots and blocks;
d. Next to the boundary of the area proposed to be annexed, a
drawing of the contiguous boundary of the Town of Firestone
and the contiguous boundary of any other municipality
abutting the area proposed to be annexed, and a showing of
the dimensions of such contiguous boundaries .
5 . Upon the annexation ordinance becoming effective, all lands within
the area proposed to be annexed will become subject to all
ordinances, resolutions, rules, and regulations of the Towm of
Firestone, except for general property taxes of the Town of
Firestone, which shall be come effective as of the January 1 next
ensuing.
6. The zoning classification requested for the area proposed to be
annexed is Residential -A
The petitioners agree that said annexed land shall be brought under
the provisions of Title 17 of the Firestone Municipal Code within
ninety (90) day from the effective date of the annexation
ordinance.
7 . There shall be no duty or obligation upon the Town of Firestone to
furnish water or sanitary sewer facilities to the area proposed to
be annexed. Such services will be provided at such tine, in the
sole discretion of the Town, when such services for water and
sanitary sewer can he economically and reasonably installed to
service a sufficient number of inhabitants within the area so as to
make the construction and establishment of such services feasible
and at no additional cost for the same or similar type of services
provided to inhabitants within the existing corporate limits of the
Town.
5 . If required by the Town, an annexation agreement has been or will
be executed by the petitioners herein and the Town of Firestone
relating to this annexation and the petitioners hereby expressly
consent to the terms and conditions set forth in the annexation
agreement.
9. The petitioners agree to the following terms and conditions, which
shall he covenants running with the land, and which may, at the
Page 3 of 7
option of the Town, appear on the annexation map:
a. Water rights shall be provided pursuant to Town ordinance.
b. All conditions set out in the annexation agreement executed
by the petitioner.
WHEREFORE, the petitioners, whose signatures are on the signature sheet
on the next page, respectfully request that the Town of Firestone, acting
through its Board of Trustees, approve the annexation of the area proposed to
be annexed:
Page4of of 7
AFFIDAVIT OP CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says: •
That (he or she) was the circulator of the foregoing Petition for
Annexation of lands to the Town of Firestone, Colorado, consisting of 7
pages, including this page and that each signature thereon was witnessed by
your affiant and is the true signature of thauiarj
name it purports to
be. _
ACKNOWLEDGMENT
STATE OF COLORADO )
� / ) ss
COUNTY OF 'OJ.cz24t 3
The above and foregoing Affidavit of Circulator was subscribed
and sworn to before me this c.972"A" day of `777.g , 2000.
Witness my hand and official seal.
My commission expires on: rJ/2se.2GYJ _.
_ �.�� _e� C.C. any,a ary% '0\�pT'4C.0,.b i� �6S/✓� Public A .
i y Address
;.2...41, 0ecp
iit1 .. g4A PPo'
1/4% OF COWrr
•
Page 5 of 7
SIGNATURE SHEET -
Signaturc of Date of Signing sailing Address of Are you a regis-tered Arc you a non- See Exhibit A
Landowner/Petitioner of Each Landowner/ Petitioner elector, resident land- resident land-owner attached hereto and
signature owner of the area of the area proposed incorporated into this •
proposed to he annexed? to be annexed? .petition by this
(Yes or No) (Yes or No) reference, for the
legal des-cription of
the land owned by this
signer.
Joyce M. Brooke and Otto Lot A of Recorded
David J. Brooks, Trustees Exemption No. 1311-06-
under the Joyce M. Brooks 2-R81706
Living Trust dated August
10, 1998. I4 V/Y , L /l6°49'.----- 5/30/1O 11506 NCR 13 Yes
7o-c N. Brooks \ Longmont, CD 00504
trustee
i (, S/3d/ 11506 WCR 13
e Longmont, CO 00504 Yes
Otto David J. Brooks
Trustee
Undivided one-half interest One half of undivided
in Otto David Brooks and interest in Lot B of
Joyce M. Brooks, Trustees Recorded Exemption No.
under the Otto David J. 1311-06-2-RE1708
Brooks Living Trust dated
August 16, 1998.
e 497.,„ '��y S73,40 11506 NCR 13 Yes
Otto David J. L'ooYs Longmont, CO RO501
Trustee
4pp/2 I` k.e,c/,i• s/30/Po 11506 NCR 13
goy e/D1. Brooks Longmont, CO 50504 Yes
stee
Undivided one-half interest One half of undivided
in Joyce N. Brooks and Otto interest in Lot B of
David J. Brooks, Trustees Recorded Exemption No.
under the Joyce M. Brooks 1311-06-2-881706
Living Trust Dated August
18, 1990.
�C C-4
, 4 idif1 5"/30%0 11506 NCR 13 Yes
Uy e M. Brooks Longmont, CO 60504
TT us tee
CL � e4 --5—Aa/a0 11506 WCR 13 Yes
Otto David J Brooks Longmont, CO 80504
Trustee
Page 5 of 6
•
BROOKS FARM ADDITION
EXHIBIT A
Brooks Farm Second Addition
Legal Description of a tract of land being a portion of Lots A and B
of the Recorded Exemption No. 1311-06-2-1708 according to the plat on
file in the office of the Clerk and Recorder, County of Weld, State of
Colorado and portions of Section 1, Township 2 North, Range 68 West,
Section 6, Township 2 North, Range 67 West, Section 31, Township 3
North, Range 67 West, and Section 36, Township 3 North, Range 68 West
of the 6th Principal Meridian, Weld County, Colorado being more
particularly described as follows :
Beginning at the West One Quarter Corner of said Section 6 and
considering the West line of the Northwest Quarter of said Section 6
as bearing North 00°24 ' 19" East and with all bearings contained herein
relative thereto; thence along the South line of the Northwest Quarter
of said Section 6 South 67°20 ' 55" East 1231 . 74 feet to the Southeast
Corner of said Lot B; said point also being the TRUE POINT OF
BEGINNING; thence North 08°53 ' 09" West 982 . 60 feet; thence South
14°ll' l9" West 982 . 60 feet to a point on the South line of the
Northwest Quarter of said Section 6; thence along said 'South line
North 87°20 ' 55" West 808 . 67 feet to a point on the East right-of-way
line of Weld County Road 13 ; thence along said East right-of-way line
South 00°22 ' 35" West 775 . 63 feet to a point on the North line of Oak
Meadows P.U.D. Filing No. 1 to the Town of Firestone according to the
plat on file in the office of the Clerk and Recorder said County;
thence along said North line North 87°20 ' 47" West 30 . 02 feet to the
Northeast Corner of Firestone Development Annexation No. 2 according
to the plat on file in the office of the Clerk and Recorder said
County; thence along said North line North 87°20 ' 47" west 30 . 02 feet to
a point on the West right-of-way line of said Weld County Road 13 ;
thence along said West right-of-way line North 00°22 ' 35" East 773 .26
feet; thence continuing along said West right-of-way line North
00°24 ' 19" East 2692 .74 feet to a point on the Northerly right-of-way
line of Weld County Road No. 26; thence along said Northerly right-of-
way line South 89°12 ' 01" East 1301 . 07 feet; thence departing said
Northerly right-of-way line and along the Northerly prolongation of
the East line of said Lot B South 01°14 ' 59" West 30.00 feet to the-
Northeast Corner of said Lot B; thence continuing along said East line
South 01°14 ' 59" West 2701 . 16 feet to the TRUE POINT O BEGINNING.
The above described tract of land contains• 76 .446 acres more or less .
Page 6 of 6
Wed.,July 19,2000 Farmer&Miner Page 1.
Legals
•
cm OF DACONO The Pawing Nara 526.34 Planning ho haring galdzenng convnwonal the with 331-I2-I05.05.CR.5..and win hard 0 Manned ae20nng Onnt50O0 of zoning m the Subject pregame,
BILLS PAID ULY UN ao
P00 JUNE.2000 LACOrlplbnt aptly&Engraving IJ37440 town of Malone will ld o Public public hing 10 t B e Ine Town of Firestone will hold a Public la quealed In Ine p0110000, at Ir
Healing a commenting at 7':a p.^, apoloprale zoning of me Waal Hama Commencing ul 7.30 pm., Firestone Town Hop Si1 Grant even Wednesday. August 2, 2000 op prer v.rl requested ad she Dakota, µednesday. August 2.2000 at the FeeYOM,C0Ol00060s20.0nlnulwc
June I.2000 JYne29.2000 Fveame Town 601. 51 Grant Avenue, Me Preston. lawn Hdl. 151 Grant Firestone Town Nall 151 Gant Avenue. August 24.2030 a17'.30 P.M.
flasfone,Capr00080520.IhepNpole Avenue.Means. 60520,on FXoslona.Ccol00080520.IheporoOSe
Valley lank-Von $24510 Petty Cash 553.21 ot Me Puat Healing X la Con5Oe1 a IhudWy.August 2410 al 7.30P.M. or Ise Pula Haing is to COneoel 0 •eegge Any pecan Viva Bonk•Water busk 61006 Fee McMinn 15.!3,3 vqusallalaraolprop01Np0posea reauballol zoning I ntte tit,
Raney Bank.Mara 423.24 to be(thereat me town alpYnawn $e Xgal Any Dalton mayappeol O trio Ton ono Sawn she la angdroSe.°naa°,
united Steles Post Offte,. 23.04 Jun*2U.2000 as Ma Mounton Shadows Annotation, ring Old paronl er10 C O kitoLt l IOwndlonOwe al me Pleated
os p OeagI leavened
Fora Support Registry. 253 the nn matol one Brequsam A Pawne Me alMpopoa(ronn di leavened
GCR truck and bre Centel eioPment. sroanPra ea Regional the r vsnglt aene zoning r at.wen is Planned Unit Inc Ports. g
$805.03 Co lepmola an enon. sa annglrtamped.lM Oereblyol A tw
June 0,2113 Waco
Lite Intuloclecon'oda n . Commlh vieReslOennafA Uses pennon. RalwenlidAUas(PVORA). sig the .Vsncomowled ell Waco L1nWorKe COrWany (PVD RC and PVOR41. Mph Me Beam Ol Melees e s
WNa Ceuta,Mark Clerk a RKdOer 315.3 20253 SsdMrtA000O a:palleel we
me sz ce w
A No1N 320703 American Funds Setae CCmDany..,. Former NON•',hereby MI near me of trustees we M Ihoar Furth*, f !owIn of MOO.coo byn.with twat
lay enc• f Ot
green fonn.b 1 the iota ri boa
a of the lawn d coalman.w Aspen r Groats 2]53 2893 CO site 8001401 hol al IM lawn d Conc s,ens amt to'snoops l One Firestone og not a p.m..p Heating °noonti meMpOpaayt000eme,C0101000
00Cen Realty Ce 1253 'mane will hold a p.m. Healing onoaly 011 am tolerance a Ina Cnq 010:)0 ee Ine town lb.p nMlM0 0e0an erationi 5 Can alW cettlCbWate Di 8353 Nwd commencing 2 at J:to p.m,Ina Tona wnay, Pena wne neNatpo(Uad Gasman. Avast NM.33]an Me omie non one. 101 n pO vim f a C6nllp WHO County Water Pact._ Payroll Ending May 31.2000 Hail 1151 Gtani Avenue. Malone,
1 Moaned
annlavren atton ho.been N Il. 151 Grant e nut. nonionic tn. Ina Opsl,Mle lWagewehe sale 930.57Wean Hail 151 8020. Avenue, al the met.Ovid luaaannbrMarmo* he PuCob He rOg M1 the pulWa 00 ins pa a papaw,II
lO•esled of a°elan
Abe susnessM1 AnOcblx 2$20.73 Dom.loc, ,010.70 0450'000lng5 Inaennawhevie and le#00. 0 1 Ins tua the coOalpiomgFlodelehnn•whelMr pop4Mall reaw0•dnlhe eM1Nn Davy lule,C 20.73 WOrer Cant 10 aa.10 uDKN•Ongn to tlty for men0 awMlMt WareopplO 10 re uess.OI Me furled enpapasneen lrcnahthel 501
Davy limesWota c23.40- WWaCOnna sc 15,21 OnOonnerotnsosbenH.nanlnlbnln. PlgarlY Xltlqua51sam11•a DeM1nm, vie Icon, N IM8ution.0010 malt LonYsPaWemnp Supp'CoO..In369.090 KanClan 71520 tob,kownOOsenN•OwanSalown. to tot Imo.° os me Ane,onon vee Town
l oloyay. quire .ents note. Inaln forgtenefEgapmem Co 323.00 Tawas D 844.75 IOMYMwn0 Me lawMoun
360004 B ,1bK leeNtron.eta t Kate.ar
Anne...wonMalone0 voracity requirements naveMenm
fAllow ortis Benefits 59145 Jana acs 048.00
48.05 meetAnnes Own p Inc le.e of Frafnll Ote. concludes, by .e.dnuns een.all toe W 1 Slate of BrMna of garnet ulMpap lows 01 ho Slate
592.45 Notic Dacia. 145 MInc Sop n.Statele regwaneno o a nWtha u IncpPOP Sen.nave been ma. the statutes mean Incvia of CO le peps. o ti Inc lows of vita Sls 0 eEL Rep. 51.79 Oat 837.28 eaS Sign me o1 n to Inc 010 that 0 Me toe. Irma 1101. 7 and.t 01010la to mi et the to in IncIa pa one Ir eo l e of ccsad m•
B Magr 335.4] admireFilch IUCBro 820.30 036 5 00106 Will annexation b metermine Malang o pt odo.ttr Me loo the es m al Ian Ono eO anne,1110toning fa' Me W a lnwre pNu'a Me 1Ownr
Data West Canlar lap35 4r, Moly
Gown 046.,7 Ins pleaaseddoars oarsman.The haling Cobras,the Baia ClOI derTrus nn may fa 000044 mleou llo Me rn.nq IM Waal and wo lad 5o Me 01 ri
Melt West PubllhnMan Gay 1 a D rebpmenl, napoisons lama d mole amendert annexed anRerequalea nt.d.A oat(UD.RA)Mnl, oeanaic w op lo me
q 307.23VerheY 328.38 wonMlegional eCUm. s Malone.
we pass
the IOwno an R•vOan.hal-p VatIIUDRAI, dbnSM In
In.MWgeclpopert.
OOIn Pe51CMl.p, ]23 Wendy MOM 846.1738 iwnn Regional CPOD IC In OD. inealma.m paanm00r moreB.eplaste(In IM Demon.
Pnle01 Egmont)Ua shear Pence Co 511„11 Wendy NOllnson 46.17 56). iMA Uses(POD RC Mtl PUD' Ononcemane thesub. 1papellY Any prism may Karma Ol lM Coy of •Petty Cosh„ 3419 MCMX.Jensen 71522 RA). M'aWea.ea m ine Patton- Pula wenlonam RBSWem No,01]`Finite VIuuy 01.004_ u0.00 Rencb%Oge, 40.11 9amObbOans pl0 dnO y L
stows/luso,Umlam a Equhpen.Inc. ambers langmaCner 08192 Any pe.im may appeal Cl tea INIRODuaO. EAD,anaADOPIfO approri eta tCallonolalai eprOpertn. a hereby laptlea.
09.90 Samnane MalNner JN.35 Pura HoonglondPMaotagaldng irks 13th day 01July.2000, hessous southeast ccornet o n eld Cane
Sella Steel, 87573 P00 lWnrnq 4617Inc molten unuelcanaaaatron Ine ' r IwamCatoV WI ROD a MY.7AD.orbA0011'
Iii town Auto Pots NOowda 136.55 Keay 050444 30450 app.Onmole locollmd the DbpenV is
Roads 174630.Me legal daxslbn Inb 13-dal at JuN�2W0.
of
1"I own NuI5e5e 43.00 Dove O5bane 7.35 Ine e.lnwesl Corner 01 firestone 4'136 Olon an zonng le ueslsuot IS sot •
tailed Power 73837 Andy PllceIll 46,17 Boulevard(Weld County 8000241 and al Parana Onnabel'onanatal Ag'aqu641b001
UImry NOIitlOllM Cenleo of CO,74.90 Allledo Reiner . 633.08 weld County Road 13. Ine Ia.In pOlown ESMbiI A.
Wad 95015 Care 440046 Pith Sear OPo.e7 ascription 01 the pa perly wren is 9e Copies of the zoning,Wbdlvl6On Rick Paean
Capri Vision Setvbe Ilan(CO))4.11 MattLoa Semen .37
hew Alan 0509.75 962 ;atrial et onpl
es orlon one zoning Mayor 000 development opcoeona.
inquet N set lain below In Exhibit A. A11ES!:
Maya
Unbn Insurance Co 2773 Donna lava. 557.66 Chen Anderson -Inang mot g a eon Ouolgn 8l on ATTEST:
Volley Bank.Mower A Wafer[tuck,.,. Susan 9101001 ., 654.14 COORS Of Ine Ionhna.subdWton Town Ma IVDalonnol ncompliance aittmllne dce
4332.46 Marryn Weoo.5u1rt 33141 and aeyelapmenl °Pacoimna. with Cheri Andersonl
Volley Bank-Van 243.10 Kurl00606•.744 59098 annexation p0111105,and.etoiu von 5281117 A- oie on O le 011Ollnatl ble lOf publiC
Town Oak
Voraa eons.Water Truck 61006 findlia tMNheonne.man P6ethantnn InS-LEGAL DESCRIPTION: assalnsOMffice neowOen.
wet CO 9edl1 Oat 4102 Payroll uaa ntral COmptonCe win .M ADOIc elollabldOledmineS0ah*Oll 'SI Grant
Avenue.Firestone.
CO 0520. L DESCRIPTION
twenty twenty Fite Ft Iwo nleicnane .. Payroll 51010 June 14.2300 (SE I/a1 Of Section One II). 151Greowvenuanusyout 0080570. •LEGAL OF3CbP[ION
a N 99 one on 8 0 n0 available
lot
Ownsto uilrp'B0uhai Ouune{S nowt.
32.15Town WXbn Beaant 570322 ate dm Io, Pee reeolinela. dlpue,e salt West
et w5Norn andh songs tsnnt a Proposed lMOYlfarm FRO A(dMJn
Poimby Fold.
75.6$ m1 Otant venue,iceaoM1 00050. Bgdet 111MW ofSctinsit 60. Doted the la day alJdy.233.FOmbYFd 0005 17502 Dona 01056 171022 dniwg le ureo usmeallnoa.ne. 10. Dually (0001/1)al Section sit(60. PaOOn 0!Lo el oofIncl Recoetr
rd,a OCl:uD.ona Meg,LNG..)2585 Donna 716.12 uimq'epuia ousmett nouiy. tennweSIC567Wpo.2N).ROPincip' 1000301 FIRESTONE.COLORADO Sege Club Ise B5 are Clark )06.19 d av 0 odlgn of lNo. 1311 ea[.171
genet.Inc. 56.85 Thorne.Donn 134475 Doled Me 4Th Say 01 July.20'30, an0Wlee"P p.WCOlnyatWeldflpa
'rrvt AMa - ftamptlen No. I]I L00-2171
Gemmel Propane 251.74 Joan.DOOb10 64b0tl aoandoongrnoiepataula16 Carl iek s Me Clelngm bepaia1001. Ounly
d Cdt.°Os f010 mgnbm P.licW4riy Town Clerk orbs Cate mo Mca(n.being
is
ApananLock{ s53 Na ..EYroll 145.71 TOWN Of iIRFS10NE.COLOR430 daK'gBO as lolbwl. Weld.510.601 CObrso Mng me
tmciiCai IOC%et$BCui11Y Systems vaNig E0011-lu<d0 . RESOLUTION N0,00-37 PpKN Cleate
d d as Maws:
3150.3 em Fitch 828.30 CcallAndersen IEGINNING at We Era Quartet Corner
He
len 210.55 Helen Gory 122025 Town Clerk W041 01 ad Saha I and earning A RESOLUTION 0INO1NG Be ginnIng al fla West One fire via Ponce Pension 211710 Jeleey damn 828.]8 Me 130,22-35'West
5E1/4l.Deal Soon SUBSIANIIAL COMPLIANCE FOR IWO Corn*,of Nest O Township Y NOPI natty Mtn 113,3 MIchem Jemgen .715 22 mamet 683 9I RESOLUTION N0.00-]6 3olleolhtest w stn oA Deana ape in ANNE%A IiONPfoilaONS FILED WAHINE Range 0)West or vie O•P.FA ei
etl Elizabeth Lon 6504 al el0. TOWN OF FIRESTONE, COLORADO, County,and cawUsrnq ine WestI
lun•14.2000 Sharman Mama 366.35 A ESOLUTIONi0NDANG SUBSIAf11145 KNOWN' q5 100E BROOKS FARMS8at MNdlnwes.Ouurl2 Olw ir
a,eaaYd6a,Y.' 342.47 COMPLPerr,OIANCE FOR AN A NNE%APO'S THENCE Sou1n 8031'25'East adtlonce ANNE AIION TO THE TOWN OF 0los bearing Souls 3024 Th West Oi
r Inc Marna 550.00 arra Ratter 63]W PEnt10N PILED WITH ME TOWN OF oI1U00 Fee rote Easterly spits-ol•way FIRESTONE. AND SE]TING A PUBLIC wain a0 bearings contorted bete
Ys Sea 9890 237 FIRESTONE.COLORADO,KIIOWTIAtI NE orWaif aunty Roo°13, HEARING THEREON.June 16.2000 Mathew Brion Sagas 962.37 MOUNTAIN SHADOWS ANNE%ATiONT O THENCE Sourn3+22'35'Neat mono soi0 temlN6lM.ela:IneMaobrpineNu
Sean Iro5oe. 654 IS ItE TOWN OF F'Pf510a'lE AND$flltlG Rte of Inc Nalnwe5.Dials of,
non l'4Fwoy o distance 01110. 1100c: WHEREAS. 1010 petitions be Se m 6 Southeast Coi'East I,01
Peat/Cash 555,15 Moagn webOSurls 341 41 A PUBLIC HEARING nEREON Wf NC F Not the ts4l-Weslt(Dance of adorn la pel°to be Ian b via Southeast Comet of Ku,'Wecietquat 590 9B MOO 50 teeltone wasted,right way She Breoki Farms Annexation,ma in 0 series.hope teen O Salo Pala*.being the'POOs06 PO
lune IC MOO ad VOnaenburq 1,56 WHEREAS snlyt0nloronnexotrn of rod Wad County Road 13. be known as OF BEGINNING:tone°SJo.IS 1.353'E of cellos popery to Ike known as'vie IIIfNCE 5ouan 3+'1235"urea aneroid Ned won tae town Cren of la.town 01 We0902.801ee1:1nence Souls 1J'll'I
1 67 Payroll mounteoven ie Shadows Annerensn.n canna.Tway a distance or 194996 eelFirestone.CoorOs,anonnnorl°tonne Wes1982W feet IO O Pal on 10100
ie°Stelele ong 511133333 Payton Frump June 1a,2003LOO won vie w C Vram Iwayo B000a hoses°,vie Towne!Fnbaane Inc of Inc NOanwao Owner
ln w5 i.Center „ 5503 lawn n nbatone!Colnnlia-and CanySois 214: o or f or Oneamnn 0pp60a absionllal Section 6;thence°tong sat South iv
W iNOm Bean. 5133.23 retorters Boom aeeslees OT me MEINGE Nan 6318'48'Vletl along sat omorace wen oppBCadB low:and SouTRUE
BINA'55'Lost.39345 IaeI tolr
June 27,2000 Capra Block Donna Case 101070 [own dfuetone 10 O COletmint:Mond rigniwaya O{ilnCe d 1288.]3 tart [ IRUE POINT OF BFGINNING-Ina osr li 522 loPPI.COO1aInce Westnneratie SouTeenar Ouorter WHEREAS.la Boarder l steenh05 Raamgn Corenatup $J0354W keel Clan 190.19 law.and(Cnnp 4nCew orcmd5E l/4: lesnetl Jas: of lanUCOnlan{8.3
Ace Fqurpmenr 6 Supply Co....3e dy T ema Does
oero 11:975 !HENCE Nomn3r25'58'lad ...area Thepe1r11°na:Board
And meta lass.
B b I tusne lamer 048 De WHEREAS.the Boanol lrusleeanda 011n3a 92 feet to 40 I as
AIM earnest 39,55 Nancy FXg11 11571 tewewea Pee baton one Southey caaelor n Inc BObsi Of lrne.ous ,And P.ODOaea Brook{ farmf fe
Pale Management Denver._36951 aerie Eton Luce.... 85937 Seams: Srneanrn Caine.of rod or Me
simultaneous tan:
Seam is awa01 npbdel Coma ton 706.00 9,e.Foio 01829 vs 10 out me Root ti IvaleeS SouthM al the Nankai,
uoirvi n°aewnn.e pe zoning, 1l Lagy Daxllpannd000Clondeco,a
Dona yepner }I,Tb.3 nbn Giov }'3025 ashes 10 arms[ono it I n South Ma al the 9 ' onnu u.onpe labntio
wr n oaaaon d' e Inns of 11000etto
as i
Gant to 675.89 Verney Hannaudufluopetvloi°ntrio•
Peon Onol4r saU oananCeo11J10. 01 rOauWHf9kAlne rid aamptiolt A(minor 1le Rec.V5 83939 aut
Gains.lonoue a light P.C...3 46]05 olloowa Jensen.. .. 71]22 tonng,rl le0V4s1Oa to the petition one the Cents,Sown Sixteenth Corner of the Banda nsanduaeeeno{to
fr dlin Na, n13Net Me
5 Cn Fourpmenl Co , 145302 aria.Tanana.. sod Section l: reviWHEREAS,
1eMtne OM`
t Energy 43.72 Snormane Motrcere 30035 WHERE Al.the 600..0 d automat THENCE Noon 3°30'11'East along tir awbyResollon tne as Ratings
desires010 of the l CaYl dalalCatn Canty
Slamaolurat Unibnn O fganmenlnC Pala Olesly 143.ITT enewea me p00nan and es vlen. Ma In a DVartelo'soa anal by 9 in SWCIhn I.Mary Colorado poi
185.80 Dove 0MMoine 5541 ndnpt otfiesolm.nminangsau ragas 571/e Me
a(da2ce o, 135' les,lie olnap0 Petard. psN7Noltn Ion
Twenty Five Filly Iwo Interchange , Allies Roarer - 15909 to ine be front d b 1 67 vect6[lid115n 3,Towsnp3 Rinn
1700 Mike SeoleCentel Noire 60707 so.dongSec Pn I E BOARD
OARD OF IRUE1001 BE IT HE TOWN 67 west,WelrmaSecan 3.Jrbn
863 8 36 Nara Ione
a 010 891 SE IM Tort aeon
nlee Power 458,30 distance Of By THE BOArtpOF IRUSTff5041rvFIOWN ROeb6l WbsI.OnO WCInnb.Iowns.'.Jdo.)0 Susan homer
Brian 044090 962.31 IIOAUNFRFSOREBF IT RESOLVED Of ftRE510TE COLORADO. JNdm,RW0Bmwatl,Coliodnbll
pt Communc lonca Jo 00 Mara web 654 I501BY THE hES ONE.COLORADO
01111E TOWN is POIN10f tlEGrNNItIG Aole POin.Wet CWnry.CobiotlOOerr
US West Cory Snout Ibn3 17950 nullw oeiou Sots 33!<I O{FIRFSIONE COl OR4D0. ups'action Inc00 pellabs atl Vaaxnoet co l0 Om
WeldCRamie0 pinning
Shams[ 179.3 KM wedaesbur h7.79 Soresrceiconlons122,228°cre5.IMr2 BIB ad tae ppilodorl
w printing 637.00 Poo VOnoenbum 6a:I Section 1...The pennon,a o as herenu nuns o' sun poe d Beginning° West One Clued
Cads.. 183.25 ereOl • s. hereto Os herein up vneie A ono incorporated
Coloidtlo AawciorronolCMeitot Golrce PUO6anedln the{Or.ner8 Miner 3.4/l9. OaaaO PubH,nednlhB Farmer trl.nnerJUIV IS aancemeprk sualiwso1 CoaeaalsomSecelonolnaconoiele
12500 2000. An[suln,l trnaedmplianca RO, um 0,tne ecllb
A tar wireless , 1563 ow rnmime Ma'conm.ltwa ol[lae Slora d. Augual1,V.:CN to 5bhe oeColbrO W, 01 Io1d313host an 1 be la
d
COocnbm Comm, 140090 TOWN Of P11157ONE COLORADO Coloi000. TOWN OF Plebut0N[.COLORA00Contained imam
4 Os 106
Pocono V pumpll 1025.11 NOTICE Of PUBLIC HEARINGS :eaten 2 NaN election Is requited and relative
Meal
Econn Clod Book 275.10 e F FOTICE OF
OF FIRE 01000E NOTICE OF PUBLIC HEARINGS under'31-12-107(2),C.R 5. nonce alonglne 50uan moo ore
Sffs119ll-1 No electron r required BEFORE THE TOWN OF NPE51011E NO id l Assaoron of cats or pate PLANNING AND ZONING COMMISSION Hander B3112-1aiH2).C05. PLANNING AND ZONING COMMISSION Northwest OVartB r OlsaldS 1221.74 lent t It
5L.00 ON A PROPOSED ZONING OF ON A PROPOSED ZONING OF SPynii t No aednil.honaled mamnl boumeast55' ore orsoio
8011 I.IanulacNdng a Partaken,In PROPERTY SeCliOn 314000Ononai terms and PROPERTY nail rmpOaed maul 01110 IatalsOiOIO.90151 O�
'164452 AND pions au To be alma ceps AND any Warded ttorinthe pearOn3. also Mau le TIME P01-5 [
Ilewurrd0O Eclaainonal P.0QIOIm . BEFORE I HE TOWN OF FIRESTONE Gni oovioe o'd in l vie baron. YEPOPE THE TOWN OF ORE STONE BEGINNING, nan[e Nos OB'5]'0
56.62 BOARD OP IRUSTFFS ON AIPOPOSfO BOARD OF IYUtFFS 05APROPOSED 00uunc.Me BOOO CO Trustees 01 W00982.60 feet,mace So an l a II'1
'I Sn.CorooionLos 1600 CO ANNEXATION AND ZONING OF 0.0)9ILS.In aaot trusle..in ANNE%A t BON AND ZONING OF °cleapuWC tnepoos100nnernerving to atens
hurl ergasa 2197 - PROPERTY oouu:�c neom0 °c leaning!,ani'3112.104 d Sher wile
MRA q ran. of IPoneply Iowllo s.a
B,nnnO5mtBGrnva 1S80 Naie.n N6ie ,Olsen mar the eaml3i8l"wiry 531ap-10400 mrnen ea comply
1.12.15.Cn:'one doPaolr Continued or
24,788.83 Ili. R-104.C 0 5. an Nona.1st"man'O'Ken via he heeling re aearane am earealete Page 2:
- Page 22 Farmer&Miner Wed.,July 19,2000
Rd.,grass fire; 3:45 p.m.,I-25 and Rd.20, medical. 7:09 p.m.,4800 blk Eagle St.,carom
Fire Calls 5:03 p.m.,6000 blk Dry Creek Park- July 9 monoxide alarm.
way, Niwot,fire alarm. 1:35 p.m., 1-25 at mile-marker 236, July 12 '
Dacono July 8 ' medical. 4:05 p.m.,Rds.22 and 11,non-injury
"- 11:00 a.m„ 1000 blk NlacPool,medi- July 11 traffic accident.
The Dacono Station of the Moun- cal. -
tain View Fire Protection District July 9 Police
has recently responded to the follow- 7:53 a.m.,300 blk Cherry,medical;
ing calls: 5:32 p.m.,lids.15 and 22.non-injury
July 4 traffic accident; Second-degree burglary:On of Longmont, with underage con
2:07 p.m.,3000 blk Rd.13,corral fire; 6:20 p.m., Rds. 11 and 12, ruptured July 6, at 10:00 p.m., Dacono police sumption of alcohol.
2:20 p.m., 600 blk Glen Dale, medi- oil line, received a report that n photo album TACT team action:On July 4
cal; July 10 and a birth certificate had been sto- at 6:00 a „ the Tri-Area Contain
10:51 p.m., 8000 blk East County 2:07 a.m.,1.25 and Rd.8,traffic acci- len from a residence in the 1000 block meet Team (TACT)was dispatcher
Line Road,attended ag burn; dent with injuries; of MacDavidson Circle. Officials to a residence in the 200 block of Firs
11:41 p.m., 1000 'Mk MacTavish, 8:24 p.m.,4000 blk Rd.2,grass fire; stated the incident may be related to Street in Frederick on a report of z
medical. 9:17 p.m.,2000 ilk Rd.10,lightning a domestic matter, suicidal party with a firearm.
July 5 strike. DUI in Dacono:Dacono police The suspect, Gilbert (Freddy
12:18 a,m., Rds. 24 and 13, non-in- July 11 have recently made the following ar- Vasquez III,also had an active war
jury traffic accident; 10:44 a.m.,1-25 and Rd.8,grass fire. rests on charges of driving under the rant issued by the Longmont Policy
8:58 a.m., 1000 blk MacLeod Ct., July 12 influence of alcohol: Department.
medical; 3:56 p.m.,Rds.11 and 22,non-injury On July 6,at 1:00 a.m.,at Glen Vasquez was contacted outside
10:04 a.m., 5000 blk Mount Pawnee traffic accident. Dale Circle and MacKay Court:Rick the residence and taken into custody
Ave.,medical; Moore,age 39,resident of Dacono. According to police,he had drug parn
11:02 a.m.,1-25 at mile-marker 245, Frederick/Firestone On July 12, at 11:54 p.m., at phernal in on his person at the time
vehicle fire; Highway 52 and Colorado Blvd.; his arrest. He was transported to
11:40 a.m., 1.25 Frontage Rd. and "The Frederick Area Fire Protec- Ricardo Mendoza,age 46,resident of Longmont on the warrant and issue(
Rd.36,grass fire; tion District has recently responded Dacono.Also charged with weaving, a municipal summons for possessiot
12:09 p.m.,I-25 at mile-marker 232, to the following calls: Underage consumption: On of drug paraphernalia.
non-injury traffic accident; July 7 July 8,at 3:40 a.m.,in the 4000 block Police report that both Vasquez
4:25 p.m., 6000 blk Cherokee Ct., 2:01 p.m.,400blkJohnson,Evanston, of Rd. 22, Firestone police charged person and the residence war(
Niwot,medical; - medical. Benjamin Hutchens,age 18,resident searched,and no weapon was recov
4:43 p.m.,Niwot Rd.and County Line July 8 • ered.
lr' Legals
Continued% Isom Page 19 ORDINASumnerNCE
Cit OralnP -ANAN Coning order ncet at pursuantCcI the CURRIER:
ONNANCE APPROVING WHEREA0,,y deSCri ed,nevnlgn zoning ordinancesRT000s 11011 ere amended
ANNEXATIONNNE N T AS THE RIDGE Toone O!nprope hereenaeern EtoMN City zoning map snail be amended THENCE N eSOUTH1 W. 1]]]]I EFEE'
AS,
LANDS ANNEXATION TO THE CITY OF Aana re,* eanelelo and 0Rage OccwPngH. ALONG THE SOUTH LINE 04 SAID EAST
ea90]Mpioi to opolnl on The Sevin 26.2 l hash a ae, The
posed OACONO,COLORADO App'Oneile part n oh t Rage HALF TO HIE SOUTHWEST CORNER OF
iina OI In a Ouallel a,yard hearing 1 r Ina prapoiee not ene Rrnge lonaipropeeV Land'A i IVed 00 SAID LASI HALF OF THE IIO0THWES'
seCiOn O�thence dog said sown Inc ennevaoon:and in ' to roe City at Dacono. Cris/COuncI or The City Of DocOnO:Ond INTRODUCED.READ.ADOPTED ON FIRST QUARTER;
!0 872&"55"West 008.67 Teel To a READING.AHDORDEREDPUILISHEDAHD
' 00101 On 1^e Fat!IgnI'Ol'wap line al 'WHEREAS.no00eOlenenearngwot EXHIBIT A-LEGAL DESCRIPTION WHEREAS. Me property was POSTED IN FULL Inn 26•day of June. THENCE N 00`0253 W.?14301 FIE'
• Weld County Rood TJ:thence along Published May 10.11.24 and31,2000.n ame.eammeCey Ov0IOvwnce:and 2000, ALONG THE WEST LINE OF SAID FA5''
t0!dEOSNIgm-Oew0YNe50I,h0'22'35" ere fDTmLTASTI0E[Newspaper;and A PARCEL OF LAND IN THE NORTHWEST HALF;
West IJ5.OJ feel 100pO1nlon Me Holly QUARTER OF SECTION 1. TOWNSHIP 1 µREER[AS.ene City Council mug PUILICHEARINGANDSECONOREADIHG
line of Oat Meadows P.U.D.Filing No.I WHEREAS.the Cll.,Carina&by NORTH. RANGE 08 WEST OF THE 6TH piovrav 101 The Zoning Cl ene poperty: WILL a THE24-day o&Jury.2010,AT 7!00 THENCE S 09'35'24 F.1329.03 FEET IC
o Fe the Town or eeone according 10 resolurion,nascieletranecthe pehlran PRINCIPAL MERIDIAN.COUNTVOF WELD, and P.M.AIDACONOCIIY HALL,512 CHERRY THE POINTOF BEGIN PIING.COIHAIIIrNC
PM N lye plat on theoffice or the Clem is in subitantiar compliancew MORE OF COLORADO. 0RE STREET.DAC ONO.CO. 65.20 ACRES.
and Recorder Sad County:In OPPlicaDl lowsoltneSloleolCdorlo]0, PARTICULARLYDESCRIBED ASFOLIOWS: WHEREAS. The City Council
along said Noon One North 82'20.47. Ine area proposed to be onnerea I 11 p'Oode0 no1.Ne OI the Ruble nearing READ.ADOPTED ON SECOND READING. EXHIBIT 'LEGAL DESCRIPTION
lost 30.07 tett 10 ene Nollneail Corner 0,91710101 onnevdrion,and Kutner nos COMMENCINGATTIRENORTHQUARTER u Zoning Oy dual 01100 OS APPROVED. SIGNED, AND ORDERED
Of Firestone Development Annevallon Ina, SECTION OF SAID SECTIO l; Provided 060 by re,and PUBLISHED II TITLE IEH_day el LEGAL DESCRIPTION•Cl ZONING
No.2accordrnglolne Oral onTileln The egWe0.and twiner touno that THENCE 5 00'00'40" W. 175.70 FEET .2W0 PARCEL
orrice 01 me cloth and Recorder sod ebrlgnDl,arms and cond0Ons Ore to AI ONG THE EAST LINE OF SAID µHEREAI, no proles,' were
county,lnence along said North ins be Imposed upon said oIn NORTHWEST QUARTER 10111E POINT OF ' 21Y me cmypur tuonl.0 C 0.s. CITY OF DACONO,COLORADO LEGAL DESCRIPTION
North 0710'97'West 30.02 leer to a &/Cape any 010110601Orrnso,d peollOn. BEGINNING: 3T- 3-3o and 0,0 D.5Tepren
poem on 1,10 weir rgnl-OHWan Yne or Mayor COMMERCIAL ZONE DISTRICT
OCW WeIlC ounTy Rma I];Inencealong NOW.THEREFORE.BE IT ORDAINED BY THENCE CONTINU'IIG 5 CO'06'40'W. WHEREAS. the landowner of the
I old w N -oFNor,ghlay one Nor, THE CITY COUNCIL OF THE CITY OF 2414.77 FEET 10 IHESOUTHEASTCORNER properly re El-?Redden Doi Nancy Dion PARCEL OF LAND In THE NORI,IW FSI
00'22.35*East 773.20 feel: Trance DACONO.COLORADO: OF THE EAST HALF OF SAID NORTHWEST toning Tor Ina PlOPerlY aesCriDed in COY Cbry QUARTER Of SECTION I. IOOIISenP I
n Inuing along SOrdWesNlOm.Onwoy. QUARTER. finnan vn A.ann C-T Conec.Ol Toning NORM,RANGE 68 WEST Of THE OT11
line East 2692.74 leer to SBCUOE E TOO Onneva TlOnlolTe City Of tor tee properly described in E rniot B. Summary or Ordnance No. 'AN PRINCIPAL MESIDIAII.COUNTO OF WEr0
opo,neonlneNonneriyrinhlal-wovlrne D5Con5 of Ine properly descrrbeu n THENCE el 89'32'17'W, 1373.31 FEET and ORDINANCE ZONING PROPERTY STATE OF COLORADO. MORE
of Weld County(load'la.20:Plena& E Bibs I A. 000 ALONG THE SOUTH LINE OF SAID EAST A TINE FED TO THE CIIV OF DAC ONO AND PARTICULARLY DESCRIBE D AS POLL OWS
Ono sod N y190lalway line Incorporated neien by this refeence. HALF TO DIE SOUTHWEST CORNER SAID WHEREAS,the a 2 Ra5Denllall Ond KNOWN P5 THE RIDGE LANDS
SOUIISr I2D1'EOtT IbIIDTOolanence o ^ O In. Ridge Lana. EAST HALE, Cif CwmcHM w e 100109 wX6Caogns ANNEXATION 60 0 t n 0,000e]dreg 01 COMMENCING AT THE NORTHQUARTER
CePadingsodNOTlhe'IylghI Ot.waylrne AnoeldIon^Is herein aPPrfwod 000 ougnt on Inc landowner ale The property a t ene To lye ON Of CORNER OF SAID SECI:Ol1 I.
g rnellorinerlypt in oiongoton0l such property is mane a poll Ol 0d THENCE N 00'02'63'W. 258161 FEET won the City's pion lot the Dorow0Ylnetn 6 HI agelonusAnne,01'on THENCE 5 00'06'4 175 71 FEE I
no E op line of soldlol 170011101'14'$11' 0110010010100 car 01 DOCono. ALONG THE WEST 1111F OF SAID EPSI OfeaelICOMpOSSe00nlne Rltlge Lands us R 2RcuaenrralondC-I Commercial. ALONG THE FAST IIILE OF SAID
e,,30.00 Teel Is the Nannece1 Corner HALF TOT'',SOUTHERLY RIGHT OF.0/ Anne,alma;and NORTHWEST QUARTET,TO THE PONT OF
or nra Lot I R uing along $eYRon 2.The 0nnewo0nolw,ae611ed9 LINE OF COLORADO STATE HIGHWAY EXHIBIT A.L EGA(DESCRIPTION BEGINNING.
a loot 00loor rino sou,Dp14'59"W , n c ' Me 01001000 for „2. WHEREAS, e Pocono Planning
2701.10 eel O I^e TRUE POINT OF pennon Tor win
ann01011O11 of sold Commission nos nerd public g LEGAL DESCRIPTION-R2 ZONING THENCE CONTINUING S 00M S?'46-
Of GINNING.The above desCr!ben',OCT 1)1000111fIen mill the City of DaCano. THENCE 589']5"24' F. 1209.54 FEET Wetl 00 iris vmer s uing18 and PARCEL 339.99339.99FEET:
or land contains 76.446 acres rare Or ALONGSAIOSOUN@RLV NIGHT.OF-WAV Twowe
cd ii recommendmlon 10 the
lost. INTRODUCED.READ.ADOPTED ON FIRST City Council.and Die City COuncir has LEGAL DESCRIPTION THENCE N 89'35'24-W.1]29]3 FEET TO
READING,ANDONDERFeUBLISHED AND THENCES 44']9'22 E.191 SOFFIT ALONG duWconuclered innlrecorlynenaollon. THE WEST LINE OF THE EAST HALF OF SAID
Punrishea n the F(WIMP O Miner Jury 19, POSTED IN FULL This 2O-day of June. THE SOUIHWES TLNLVRIG NI.Of'WAY LIME R 2 RESIDENTIAL ZONE DISTRICT NORTHWEST QUARTER;
25.August 2.9.2000. 2000, OF SAID HIGHWAY, NOW.THEREFORE BE IT ORDAINED BY
ORDINANCE NO.551 PUBLIC HEARING ANDSfCONORFAOIHG THENCE 589-]5'2?' THE CITY COUNCIL OF THE City OF A PARCEL Of Win Ito IN THE NORTHWEST THENCE N 00'02'53' VJ 44n 01 FEET
WIBLC the RN A ,NDRAIINO SAID OFFSOUTHERLYE09'37 12102 0111 10 111E DACONO.COLORADO; OUARIED OF SECTION I. TOWNSHIP I ALONG THE WEST LINE OF THE EAST NW
y 01Ju1VNORTH. RANGE 08 WEST OF THE 6TH 10 THE SOUTNEnt1 TRIG Ill OF WAY LINE
AN ORDINANCE APPROVING All P.M.ATDACONOCITVHALL,512CHERRY POINT OF BEGINJILING. THE ABOVE anion 1.Thar portion or the properly PRINCIPAL MERIDIAN,COUNTY Of WELD. OF COLORADO STATE HIGHWAY 52'.
ANNEXATION KNOWN AS INE 111001 STREET,DACONO.CO. DESCRIBED PARCEL CONTAITIS la 545. Inown os ln6 Ridge tan as orron. STATE OF COLORADO, MORE
SANDS AN/AESA 11011 TO IIIE CITY OF ACRE SSUO:EC I IO ALL RIGHTS OF-WAY. 11010901 CW..10lgn Ol wnicn n sellolli PAP TICULARLV DE5CRr8ED ASFOLLOWS THENCE S 59']5'24 E. 1209.84 FEET
OACONO.COLORADO READ,ADOPTED ON SECOND READING. EASEMENTS AND RESTRICTIONS in Enodl A°'loaned here's ono mode ALONGSAIDSOUTHERLYRIGNT OF WA,.
APPROVED, SIGNED. AND ORDERED CURRENTLY IN USE OR ON RECORD. a parr he hereby toned .2 COMMENCING AT NORTH()DARTER
WHE BEAS,0 Damian 1o10nne Italian PUBLISHER BY TITLE Th.h day ON Uestenem O.Lnclpwe1
oornlathe ID Zoning CORNER OF SA SECTION I. THENCE 544'39'777 E.141 6.01851 ALONG
OT tenon unnco,Pwalenw700lly.'a .2000, P"'''"d in The Fulmer 6 M16ner July TO. oldinances 01 Pie Qty.aria a City THENCE S 00-06.4t.' I. Nr 5.70 FEET THE SOUTHWESTER{YRIGHT OMWPY NNE
170 known as e Rua 9. Lands zoo zoning map rn snarl De nennea AL ONG THE EAST LINE OF SAID OF SAID HIGHWAY_
n E,n!wt A CITY OF DACONO.COLORADO accolOngyY NORTHWEST OUAISTER 10 THE POINT OF
nncichea her....rim been Ned wr'n Ladd D.5leo.en ORDINANCE NO.555 BEGINNIrLG, THENCE 519.35"2T E 21 OUTFIT ALONG
nyCIp Council el the City of Dacono; Mayor LPIIon 2 TOW Poewn et the p,aaeey SAID SOUTHERLY RIGHT OF W Y TO IHE
'arm' scR1 Elliott AN ORDINANCE ZONING PROPERTY n us the Ridge lond,Annelalwn, HIENCE COIITINwNG S 0'00'40"W. POINT OF BEGINNING. COAT AIMING
NWHEREAS,INHUanI to C,R.5."]l. NanCbry ANNEXEDTOTHF CITV OF OACONO AND a legaloet0PPrlon or which is tonally 2144.J IF EE I TO HIE SOUTHEAST CORNER 1327 ACRES.
KNOWN AS 111E MODE LANDS In
12 10010'I IN The 011y Counclon June / ANNEXATION. poll hereof.
is herebyrnedMcraeC-1 OF THE EAST HALF OF SAID NORTHWEST
a poll ne¢o.. i hereby eP reined C-I PubXsnea In me Former Mine.July 19.
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ANNEXATION$tT'E PLAN (3Dow70)U7-6216 O (303)121-7124 Fax DM.47-11290
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Exhibit C
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 19 , by and between
hereinafter referred to as or "Owner, " and
the TOWN OF FIRESTONE, a municipal corporation of the State of
Colorado, hereinafter referred to as "Firestone" or "Town" .
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone the property
more particularly described on Exhibit "A, " which is attached
hereto, incorporated herein, and made a part hereof (such property
is hereinafter referred to as "the property" ) ; and
WHEREAS, Owner has executed a petition to annex the property,
a copy of which petition is attached hereto as Exhibit "B, " and
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; and
WHEREAS, Owner acknowledges that upon annexation, the property
will be subject to all ordinances, resolutions, and other
regulations of the Town of Firestone, as they may be amended from
time to time .
WHEREAS, Owner acknowledges that the need for conveyances and
dedication of certain property, including but not limited to
property for ways and easements to Firestone as contemplated in
this Agreement, are directly related to and generated by
development intended to occur within the property and that no
taking thereby will occur requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE
COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
1 . Owner agrees to execute, promptly upon request of
Firestone, any and all surveys and other documents necessary to
effect the annexation of the property and the other provisions of
this Agreement . Owner agrees to not sign any other petition for
annexation of the property or any petition for an annexation
election relating to the property, except upon request of
Firestone.
1
2 . Owner agrees to provide legal documents, surveys,
engineering work, newspaper publication, maps, and reports
determined by Firestone to be necessary to accomplish the
annexation, and agrees to pay Firestone an annexation fee in the
amount of Dollars ($ ) plus
Dollars ($ ) per acre annexed. _
3 . Firestone shall act upon Exhibit "B" within six months of
the date of filing thereof with the Town Clerk, unless Owner
consents to later action.
4 . The parties recognize that it is the intent and desire of
Owner to develop the property in a manner generally consistent with
the zoning requested and that the granting of such zoning by the
Town of Firestone is a condition to annexation of the property.
Owner shall take all action necessary to permit zoning by Firestone
of the annexed property within the time prescribed by state
statutes .
5 . Owner agrees to dedicate by General Warranty Deed or
appropriate instrument of conveyance acceptable to the Town, eight
percent of the territory to be annexed for public open space or pay
an equivalent fee in lieu of dedication, easements and rights-of-
way for streets and other public ways and for other public
purposes, as required by Town ordinances and resolutions . Such
dedications shall occur immediately upon request of the Town except
that internal rights-of-way shall be dedicated at the time of
subdivision platting, unless the Town specifies another time.
6 . Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other
public ways within or adjacent to the property in accordance with
Town ordinances and resolutions and other applicable standards,
subject to any reimbursement which may be provided for in such
ordinances, resolutions, and standards, and to make such other
improvements as required by Town ordinances and resolutions, to
guarantee construction of all required improvements, and, if
requested by Firestone, to dedicate to Firestone any or all other
required improvements . If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other
matters prior to any development of the property.
7 . If requested by Firestone, Owner agrees to include the
property in one or more special improvement districts or other
mechanisms established by Firestone for making improvements to
streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town
Clerk of Firestone as Owner' s attorney-in-fact for the purpose of
executing all documents determined by Firestone to be necessary for
such inclusion. If requested 'by Owner, Firestone agrees to
consider the establishment of one or more special improvement
districts for making such improvements .
2
8 . Owner agrees that the design, improvement, construction,
development, and use of the property shall be in conformance with,
and that Owner shall comply with, all Town ordinances and
resolutions including, without limitation, ordinances and
resolutions pertaining to annexation, subdivision, zoning, storm
drainage, utilities, and flood contrpl .
9 . Nothing contained in this Agreement shall constitute or
be interpreted as a repeal of the Town' s ordinances or resolutions,
or as a waiver of the Town' s legislative, governmental, or police
powers to promote and protect the health, safety, and welfare of
the Town and its inhabitants; nor shall this Agreement prohibit the
enactment or increase by the Town of any tax or fee .
10 . No right or remedy of disconnection of the property from
the Town shall accrue from this Agreement, other than that provided
by applicable state laws . In the event the property or any portion
thereof is disconnected at Owner' s request, Firestone shall have no
obligation to serve the disconnected property or portion thereof
and this Agreement shall be void and of no further force and effect
as to such property or portion thereof .
11 . The parties agree that if any part, term, portion, or
provision of this Agreement is held by a court of competent
jurisdiction to be illegal or in conflict with any law of the State
of Colorado, the validity of the remaining parts, terms, portions,
or provisions shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, portion, or provision
held to be invalid.
12 . Firestone agrees to make available to the property all of
the usual municipal services in accordance with the ordinances and
policies of the Town which services include, but are not limited
to, police protection and water and [sewer services] . Owner
acknowledges that Town services do not include, as of the date of
the execution of this Agreement, (fire protection or emergency
medical services, other services] , but the property is presently
included within the boundaries of and is entitled to receive such
services from the Fire Protection District .
13 . Owner, as a prerequisite to annexation, agrees to furnish
and deliver ownership to the Town the minimum water rights as
required under Section of the Firestone Municipal
Code. Owner represents to the Town that the Northern Colorado
Water Conservancy District water shares or other water shares
acceptable to the Town listed on Exhibit "C" , attached hereto and
incorporated herein by this reference, constitute all of the water
rights appurtenant to the Subject Property. In accordance with
Section of the Firestone Municipal Code, Owner has
3
offered to sell to the Town at current fair market value all such
appurtenant water rights remaining after furnishing the Town with
the minimum water rights required by said section.
14 . [Leave blank for special provisions.]
15 . The parties agree that they will cooperate with one
another in accomplishing the terms, conditions, and provisions of
the Agreement, and will execute such additional documents as
necessary to effectuate the same .
16 . This Agreement may be amended by the Town and any Owner
without the consent of any other Owner as long as such amendment
affects only that Owner' s portion of the property. Such amendments
shall be in writing, shall be recorded with the County Clerk of
Weld County, Colorado, shall be covenants running with the land,
and shall be binding upon all persons or entities having an
interest in the property subject to the amendment unless otherwise
specified in the amendment . Except as otherwise provided herein,
this Agreement shall not be amended unless approved in writing by
all parties hereto.
17 . 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 .
18 . Owner agrees to indemnify and hold harmless the Town and
the Town' s officers, employees, agents, and contractors, from and
against all liability, claims, and demands, including attorneys'
fees and court costs, which arise out of or are in any manner
connected with the annexation of the property, or with any other
annexation or other action determined necessary or desirable by the
Town in order to effectuate the annexation of the property, or
which are in any manner connected with Firestone' s enforcement of
this Agreement . Owner further agrees to investigate, handle,
respond to, and to provide defense for and defend against or at the
Town' s option to pay the attorneys' fees for defense counsel of the
Town' s choice for, any such liability, claims, or demands .
19 . As used in this Agreement, the term "Owner" shall include
any of the heirs, transferees, successors, or assigns of Owner, and
all such parties shall have the right to enforce this Agreement,
and shall be subject to the terms of this Agreement, as if they
were the original parties thereto.
20 . As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town
ordinance, resolution, or policy is intended to refer to any
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subsequent amendments or revisions to such ordinance, resolution,
or policy, and the parties agree that such amendments or revisions
shall be binding upon Owner.
21 . This Agreement shall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof,
and shall constitute covenants running with the land. This
Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner' s expense. Subject to the conditions precedent
herein, this Agreement may be enforced in any court of competent
jurisdiction.
22 . This Agreement shall be null and void if the Town fails
to approve the annexation of the property.
23 . The Owner acknowledges that the annexation and zoning of
the property are subject to the legislative discretion of the Board
of Trustees of the Town of Firestone. No assurances of annexation
or zoning have been made or relied upon by Owner. In the event
that, in the exercise of its legislative discretion, any action
with respect to the property herein contemplated is not taken, then
the sole and exclusive remedy for the breach hereof accompanied by
the exercise of such discretion shall be the withdrawal of the
petition for annexation by the Owner, or disconnection from the
Town in accordance with state law, as may be appropriate .
OWNER
By:
By:
TOWN OF FIRESTONE
By:
Rick Patterson, Mayor
ATTEST:
Trudy Peterson, Town Clerk
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ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss
COUNTY OF
The above and foregoing signature of
was subscribed and sworn to before me this day of
, 19
Witness my hand and official seal .
My commission expires on:
(SEAL)
ACKNOWLEDGEMENT
STATE OF COLORADO
) ss
COUNTY OF
The above and foregoing signature of
was subscribed and sworn to before me this day of
, 19
Witness my hand and official seal .
My commission expires on:
(SEAL)
032896/1231[sar]c:fireston\forms\annex.agm
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