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Home My WebLink About20000350 '1 Neighbor's Annexation To the Town of Firestone Weld County, Colorado January, 2000 PA)ate° ft: A� <pea), ?w, cA, c.44, so N� al- 6P 2000-0350 Neighbor's Annexation To the Town of Firestone Weld County, Colorado I. Project Description The location of the proposed Neighbor's Annexation is shown on Exhibit A. The area to be annexed includes approximately 157.485 acres of predominately vacant land and road right-of-way in unincorporated Weld County. In conjunction with the proposed annexation, the zoning for the subject property is proposed to change from Weld County agricultural to Town of Firestone Planned Unit Development with residential land uses. The Town Board will review the annexation, zoning and development proposals in relation to the Town's current land use and development policies and intergovernmental agreements. A referral relative to the land use for the property has also been sent to various Weld County departments for comments. The general relationship between the property and the Firestone Comprehensive Plan Map is shown on Exhibit B. The proposed Outline Development Plan for the annexation is shown as Exhibit C. II. Municipal Services Municipal services for Neighbor's 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 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. Prepared January 23,2000 1 The approximate location of existing or planned locations of transportation facilities, water and sewer facilities and other known utilities are shown as Exhibit D. 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 be included the following districts: • Weld Library District • St. Vrain Valley School District • Northern Colorado Water Conservancy District • Mountain View Fire Protection District • St. Vrain Sanitation District B. The area to be annexed will petition for inclusion into other special districts, as appropriate. IV. School District Impact A referral has been sent to the St. Vrain Valley School District. If the annexation yields approximately 500 single family residential dwelling units, the number of elementary, middle and high school students is estimated to be 176, 70, and 86, respectively. 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 E. VI. Intergovernmental Agreement With Weld County The Interim Coordinated Planning Agreement Between the Town of Firestone, Weld County, et al. is incorporated herein by reference. Prepared January 23, 2000 2 • ni r r! ri r NIX rc el 'rt. r W: rc iv • ( • I 21 n 1. v 191 96 S i SH 86 $ 1 f ( a ( a s ffi; a C • I • I a a I f i • y GPI O i I u i gi WCR 21 ( ( a' 8 it i z i .i I I WCR 28 I I 1 ! • • i raw Waft f i • f• I ! •I • • { • I • • 1I[ I Omar C••4`1 ••rr i WCR 26 • I e.• I I 2hriaAWnu• WCR 28 .1�..._.—.___ R-L i t . R L R-L I ( ',, R-L s . > I 1 R-L R-M R-M i iiFlrestonj►Boulevard WCR 24 t;H 119u I:.M1-bf:. { : : 1 I R-M R-M eaunfOi I cb•—I r I Neighbor's14.14t, •• Annexatio M 41 ! WCR 22 I I , a R-L 12-1. aeN Av r.t WCR 22 ( 1.44b•ury— R M — • I • I • • R•M R- , .. « « « I • I I maim uu" PRRpt?RICK R-L R-L R-L NOM I I WCR 2O I elm Cuff AwnM 1... WCR 20 I Imam., K R-L 1 `a I • i „ a a • CO",.601. i.. a • ' n • R L FIRESTONE ( I WCR 18 .,*' —_GrantA - 1-_ WCR 1a- "7--- -..___. _........ __._._-.--- 1 i R-M R-L R-L I I f I n PRB • 4 r • • a. • f • a WOWS` • Imams 1 • I 7Mf1 Area n•l Ann' 1ACR 15 I - .,'" i I NCR 16 pu PR61K. '.. , I I ! f f f • s f f • • I • I f 1 1 SH 62 1 •i°'dw'a I NCR 14 i I • 1 2 • • 1 • I • I .9FI62 I I I AMONG ( i I WCP 12 ( i —.- WCR 12. I i i i f U • • • « I I r • • I • « e I ( I ( ii I { I I WCR 10 I _-1._..v......_1. __.�,..1.._----..-._.... YYCR 10 NORTH« n I • a 1A a { .le i �I a P.f • �7 f Si; • �' e i " rte" ' a I eH ± 1 � VI VI i1 g I I I I I i / Legend Firestone Commercial Ned Office "* • "�"""Wen Pauly Firestone ® ,Need Corenterelw;� De ...turn Density """ Comprehensive Plan E :^ell R-L ••ra•ror Lew e.•.Ay Map Amendment { :ripen' •w rr•AG C•• wr \Vl C•MIIIFi. en^w+.• Adopted July 22,1999 4:4. Pubic Tat l X-i-ii /1"- .43 Outline Development Plan ' • Neighbors Property r. �' Ni Town of Fires k -‘f --.1__.}--)_ �ne sad `\ ---([ Weld County V State of Colorado E ' i " ( r ;•// sna�iosi i .� /i'`\ Sl ` 3 /.n 7/ r / �� '� fir, i /( LT 3 9'°�� z /%i� �j 4� � � '� ,�/\\ . ?(A, �, \-� :� t d - " /r.•₹ � �� f - �..mom, r. ■ . 0111 11 r iIM ql € �� iC �• � 1113 •lam♦.. amp 4. •k. e ' .L y—� a� ^-•� MIL WM ,CMS E /i a t�/ \ '� � � r■ .. ■ill now m .843 �i /".aE or," } � ♦ Fs / \ NCi ■! �1M/ INN 1( / �•--1 f` l�► T` a¢ueESCT. lea•3 S ;fR MIMI /J MINI �1® l�l� Alleil „,In' I ®� '+iT +ARM. arts:Auer; bum ' `M DES 3,1. ■1 ..2o. .. y I ,.- J •- .�A'--v a. t rl"NM 2'',10'-'...•• , r-, . s, � :x. mu �Ami :.. `i -f .ta ■ • Tz.. �` Legal 0escdption i. ip FilACMam r ( `1 �`,I ti ,�. - SA4PlipdH 1��' T via �� .+JIS )5� �+�1 + ) .wGe ry..Porten d.) ` I �I _�, 3-�Sz TM_� �r P\iFeflil �nt t .? ''''''Int tor.''''''OW ''''''�.IZ Tea z uam,wn.m wm an.cn vlw..w.a - Ia.ae. Reld4nw o...mna '.m ! ^"x •.ar'•�` .iN4ia. �''' comes cr..a..maalwem a2 YsIII//pp'•��.... � .�.r■LIII ma., .,.Mi,.a o.rm� Single Family Residential Ic.aaaR , II ;� �- .,�.. ' �� "ar xp�, ,rw.sarmc.m»asmr,x,,.......,.....„,..—soa..v o�w.m 40'x 80'Lot Size —Area A 69139 6.01 415 e�' ■ mar-! /,0�� ,, Sawa 12 w.maommE.a.di*mrxs w a w n.'anm Smog:u.,. moan ;Single Family Residential '`f4. eemlrw6mm00•tatted..m 1.275 w I,r WO r mod Somme ..e �fi0'a100'Lot Size—AreaB 48.400 3.5[ 167 III'3,� �� '' '• , I .r r.w Soo.mss amr.mze,.m Rd to w..e.a.du am.rrym men u® Single Family Residential l'� � �� ' _ i.� -I ll it a.e�mrEmru..erl5la.®me aYQ I70'x 100'Lot Size—AreaC 31.700 4.0 127 1111 11 Sme m'ale'mmiaewam,me3rm jSingld Farnlry Resid■ldal I _ IN WAX.IS4am'ue,mmamror 1-� �I.'' ` 1 / �. . 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' Godding Ditch 12 Town of I sed Firestone or"s , ^rim o 88 Planned 12" ' Waterline Planned 12" Waterline Note: Gas, Phone and Power generally available Service Utility Map Transportation, Water and Sewer /\ and Other Utilities NORTH Not To Scale Schematic:All Locations Approximate Exhibit D ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day cf , 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 =n:er acrees to provide iega- _ - _ _.. e_._= surveys , e _o_nee_-_n work, newspaper pubilcat-cn mars and reports de:er .ined by to be the annexation, and agrees to pay Firestone an annexation fee _n the amount of Dollars is 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. I . 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 S . _ d:__ _ ___ ._w_ :he _s , _ construct__ _evelooment ash use of prorerty shall be _n conformance with, d that lwner shall comply with, all Toms ordinances and resolutions including, without limitation, ordinances an 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 towers 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 Jifered tc sell __ the Town at current fair ma :=I :a_ .“ .__ such appurtenant water rights remaininc after furnishina the Town with :he ..yin .. 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 , an3 provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same . 15 . 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 4 __rsecuent ar r.dc:e . _ - - ro7isions to such o_ __na___ . __s__1___ or po_icy, and the =r s agree that such amen menu cr 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 5 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 6 Hello