HomeMy WebLinkAbout20001966.tiff Mountain Shadows
Annexation
To the Town of Firestone
Weld County, Colorado
July 24, 2000
Stt 2000-1966
KY DO
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Mountain Shadows
Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Mountain Shadows Annexation is shown on
Exhibit A. The area to be annexed includes approximately 122.2 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 Mountain Shadows 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
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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. It is
estimated that the number students will be 160. There is an
Intergovernmental Agreement between the Town of Firestone and the St.
Vrain Valley School District RE-1J which address 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.
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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. This annexation area is inside the Town's Urban Growth
Boundary.
VII. Exhibits
A. Annexation Map
Annexation maps.
B. Service Utility Map
Key Utility Locations.
C. Annexation Agreement
Firestone's Base Annexation Agreement.
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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 .
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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 .
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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 control .
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 servicesl . 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 servicesl , 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
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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 tsar]c:fireston\forms\annex.agm
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