HomeMy WebLinkAbout20002322.tiff The City of
•
•6/1 COLORACO
September 20, 2000
Clerk to the Board of Weld County Commissioners
915 10th Street
Greeley, CO 80631
Re: Referral to Commissioners regarding Neville's Crossing Annexation#2 & #3
Dear County Clerk:
In accordance with Ordinance No. 208 and 31-12-109(2), C.R.S., as amended, you are hereby
given notice as set forth in the attachments that the City of Evans shall hold a public hearing on
October 17, 2000 to determine whether the enclosed described territory, referred to as Neville's
Crossing#2 & #3 Annexation, is eligible for annexation to the City of Evans.
The proposed annexation contains approximately 1 10 acres, and is located south of 49th Street
and west of 47th Avenue. The site is proposed for development of estate residential lots.
If you have any questions or comments please contact me at 339-5344 ext. 112 by October 10,
2000.
Sincerely,
Tab( ,Cn
Elizabeth Relford
Planner
Enclosure
j' -I i'- C(% 2000-2322
/'#�C�,r'o) //-1/L' C4, (?A/ ,G t1/ ( A, - )
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 33C1-3472
The City of
CITY OF EVANS COLORADO
1100 37TH STREET
EVANS, COLORADO 80620 _
970-339-5344 EXT. 112
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition
for City Council of the City of Evans, Colorado, for annexation to the City of Evans the
unincorporated territory more particularly described below, to be know as N/, V'S ('tssi 4 p ND Z4y f.
and in support of said Petition, your petitioners allege that: `y 1
1) It is desirable and necessary that the following described territory be annexed to
the City of Evans;
SEE A-4A(N
2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Evans, Colorado;
3) A community of interest exists between the territory proposed to be annexed and
the City of Evans, Colorado;
4) The territory proposed to be annexed is urban or will be urbanized in the near
future;
5) The territory proposed to be annexed is integrated or is capable of being integrated
with the City of Evans, Colorado;
6) The signatures of the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and
said landowners attesting to the facts and agreeing to the conditions herein
contained will negate the necessity of any annexation election;
7) No land held in identical ownership, whether consisting of one tract to parcel of
real estate or two or more contiguous tracts or parcels of real estate:
a) Is divided into separate parts or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels are
separated by a separate dedicated street, road or other public way,
b) Comprising twenty (20) acres or more and which, together with the
Petition for Annexation
Page 2
buildings and improvements situated thereon has an assesses value in excess of
Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the
year proceeding the annexation, is included within the territory proposed to be
annexed without the written consent of the landowner or landowners.
8) No part of the area proposed to be annexed is more than three miles from a point
on the municipal boundary, as such was established more than one year before this
annexation will take place;
9) The area proposed to be annexed comprises (MORE THAN TEN ACRES AND
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY HAS
AGREED TO WAIVE THE REQUIREMENT OF AN IMPACT REPOT_A,5
DyyD�� Tinr�T 1 t 17 1 n4 C !`D C A C A a,rr~r DBD (MORE
C'THAN TEN ACRES AND AN IMPACT REPORT AS PROVIDED F TL
TI - 2-108.5, CRS, AS AMENDED, IS REQUIRED.) TEN ACRES
OR FEWER AND AN IMP IN SECTION
31-12-108.5, CRS, AS AMENDED, IS NOT REQUIRED.)
10) The area proposed to be annexed is located within Weld County, and the following
special districts:
Water Districts NC vU i CC c 1 CC lid
Sanitation District
Fire District OW k'F,11{ -- —
School District S%h43PL b15112((J —_
Recreation District
Library DistrictMb I,�Pi*/
Ambulance District —_ -
Jr. College District Aims Jr. (icy ( F&C
Other Il(� (DUST (1� 1- CI kaLF`) 59 I. _
11) The mailing address of each signer, the legal description of the land owned by each
signed and the date of signing of each signature are all shown on this Petition;
12) Accompany this Petition are four (4) prints of the annexation map containing the
following information:
a) A written legal description of the boundaries of the area proposed to be
annexed;
b) A map showing the boundary of the area proposed to be annexed, such map
prepared and containing the seal of a registered engineer or land surveyor;
Petition for Annexation
Page 3
c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be platted, then
the boundaries and the plat number of plots or of lots and blocks are shown;
d)Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the City of Evans, and the contiguous boundary of any
other municipality abutting the area proposed to be annexed;
e) The dimensions of the contiguous boundaries are shown on the map.
13) The territory to be annexed is not presently a part of any incorporated city, city
and county, or town;
14) The undersigned agree to the following conditions, which shall be covenants
running with the land, and which shall, at the option of the City, appear on tl e
annexation map;
a) Water rights shall be provided pursuant to City Ordinance;
b) The owners shall participate in providing drainage plans and improvement and
payment of a unit drainage fee as may be required by the City for the area;
c) The undersigned hereby waive any and all "vested rights" previously crcatod
pursuant to Section 24-68-103, CRS, as amended.
d) The undersigned and the City may enter into a Pre-Annexation Agreement prior
to the effective date of this annexation, which agreement shall be additional
conditions as effectively as if set forth in this Petition.
15) Petitioner represents that: (Check one)
_No part of the property to be annexed is included within any site specific
development plan approved by weld County, Colorado.
A site specific development plan has been approved by Weld County, Colorado,
which has created a vested right.
16) The petitioner understands he will be responsible for costs incurred by the City of
Evans such as, but not limited to, advertising and recording fees.
•
Petition for Annexation
Page 4
PETITION FOR ANNEXATION
Executed this a5LA, Day of attlt S _, r9',appo
Name Name
0, /0)( /?)7_
0.) //AS (2:2, <7-
Address 6 05-22-- Address
Name Name
Address Address
The foregoing instrument was acknowledged before me this c2 5th. day of
A.D. Wapiti .
MI COMMISSION EXPIRES
Witness my hand and official s mmission expires MARCH 12, 2002
PUe
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Notary PubliiiJ
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Date Received Signed
Fees:
CITY OF EVANS, COLORADO
RESOLUTION NO. 49-2000
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXA HON
PROCEEDINGS FOR NEVILLE'S CROSSING ANNEXATION 112 & #3
WHEREAS, a written petition, together with four prints of an annexation map, was hereto
filed with the City Clerk requesting the annexation of certain property to be known as Ncvilie's
Crossing Annexation#2,more particularly described in the County of Weld,State ofCoioradn,
as follows:
See attached Exhibit A
WHEREAS,the City Council desires to initiate annexation proceedings in accordance with
the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
Section I. That the City Council hereby accepts said annexation petition, finds and
determines that the annexation petition and accompanying map are in substantial compliance with
CRS 31-12-107, and desires to initiate annexation proceedings in accordance with law.
Section 2. The City Council shall hold a hearing to determine if the proposed annexation
complies with CRS 31-12-104 and 31-12-105,or such parts thereof as may be required to establish
eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS: A hearing shall he
held on the 17'"day of October,2000, in the City Council Chambers of the City of Evans, 110C 37th
Street, Evans, Colorado, at 7:30 p.m.
Section 3. The City Clerk shall publish notice of such hearing once per week for four
successive weeks in the Greeley Tribune,with the first publication at least thirty(30) days prior to
the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for
annexation to the Clerk of the Board of County Commissioners, the County Attorney and to any
Special District or School District within the area proposed to be annexed.
Section 4. This Resolution shall be in full force and effect upon its passage and adorion.
PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Evans on this 5'h day of September, 2000.
CITY OF EVANS, COLORADO
(kg"
By:d
or
ATTLST:
City Clerk
EXHIBIT A
KNOW Al.! MEN BY THESE PRESENTS that the undersigned being the sole owners in Ice of Par Sec
34, Township 5 North, Range 66 West of the 6"' Principal Meridian. Weld County, Colorado. briny nv.,c
particularly described as follows:
NEVILLE'S CROSSING ANNEXATION No. 2:
Beginning at the North Quarter Corner of said Section 34, and considering the North line of the Nuirhco a
Quarter(NE 1/4) of Section 34 as bearing 87°30'16" East with all other bearings contained herein ;elating
thereto:
Thence North 87°30'16"East along the North line of said Northwest Quarter(NW 1/4)a distance oi 1314 15
fret to the West Sixteenth Corner(W 16th Cor.);
Thence South 7°47'26" East 121289.08 feet to the Northeast Sixteenth Corner(NE 16'" Cor.):
Thence South 87°50'30" West, 603.25 feet;
Thence South 87°43'30" West, 885.55 feet;
Thence North 00°00'00" East, 1277.83 feet to the Point of Beginning.
Containing a gross acreage of 41.170 acres more or less, do hereby annex said tract of land to the City of
Evans and do hereby designate the same as NEVILLE'S CROSSING ANNEXATION No. 2 to tee City of
Evans,County of Weld ,State of Colorado as designated upon said annexation map and that the s(ale is one
inch to 300 feet (1" = 300'). In witness whereof and being the sole owners in fee of said tract of land
described hereon, to be known as NEVILLE'S CROSSING ANNEXATION No. 2 to the City if Evans,
County of Weld,. State of Colorado.
NEVILLE'S CROSSING ANNEXATION No.3:
Beginning at the North Quarter Corner of said Section 34, and considering the North line of the Northeast
Quarter(NE 1/4)of Section 34 as bearing 87°30'16" East with all other bearings contained relating thereto:
Thence South 00°00'00" West, 1277.83 feet to a point on the South line of the North Half of the Northwest
Quarter of said Section 34;
Thence South 87°43'30" West along the South line of the North Half of the Northwest Quartet of said
'Section 34 a distance of 2257.69 feet;
Thence North 53°29'47" West,478.93 feet to a point on the West line of the Northwest Quarter(NW 1/4)
or Section 34;
Thence North 1°21'28" West along the West line of the Northwest Quarter ( NW I/4) of Section 34, A
distance of 264.72 feet;
Thence North 87°30'16" East, 310.00 feet;
Thence North 1°21'28" West, 702.00 feet to a point on the North line of said Northwest Quarter(N W 1/4);
Thence North 87°30'16"East along the North line of said Northwest Quarter(NW 1/4)a distance of2356.32
feet to the North Quarter Corner(N 1/4 Cor.) to the Point of Beginning;
Containing a gross acreage of 71.095 acres more or less, do hereby annex said tract of land to the City o'
Evans and do hereby designate the same as NEVILLE'S CROSSING ANNEXATION No. 3 to the City or
Evans,County of Weld, State of Colorado as designated upon said annexation map and that the scale is one
inch to 300 feet (1" = 300'). In witness whereof, and being the sole owners in fee of said tract of and
described hereon, to be known as NEVILLE'S CROSSING ANNEXATION No. 3 to the City of t'vins,
County of Weld, State of Colorado.
1 Exhibit A -Peso. 4it-21)00
NOTICE OF PUBLIC HEARING
ANNEXATION REQUEST
NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of
the City of Evans will hold a Public Hearing on the 17th day of October, 2000 at 7:30 P.M.,
held at the City Hall Council Chambers, 1 100 37th Street, Evans, CO, at which time and place
they will consider and act upon the application for annexation of a parcel of property to the City
of Evans. The following property is referred to as Neville's Crossing Annexation #2 & #3 and
is described as:
TUSCANY#2:
KNOW ALL MEN BY THESE PRESENTS that the undersigned being the sole owners in fee of
The Southeast Quarter(SE 1/4)of Section 22,Township 5 North,Range 66 West of the 6th
Principal Meridian,Weld County, Colorado,being more particularly described as follows
EXCEPTING THEREFROM a tract of land conveyed to Kenneth G. Larson and Althea J. Larson
by deed recorded May 15, 1968 in Book 594 as Reception No. 1516479,more particularly
described as follows:
Commencing at the East Quarter Corner(E 1/4 Cor.) of said Section 22,and considering the East
line of said Southeast Quarter(SE 1/4) to bear due South,and with all bearings contained herein
relative thereto;
Thence South along the East line of said Southeast Quarter(SE 1/4), 580 feet to the True point of
Beginning;
Thence continuing South along said East line 200 feet:
thence West 430 feet;
Thence North 200 feet;
Thence East 430 feet; to the True point of Beginning; and also
EXCEPTING THEREFROM a tract of land conveyed to Charles M. Chapman and Corinne L.
Chapman by deed recorded January 13, 1969 in Book 604 as Reception No. 1526043,more
particularly described as follows:
Beginning at the East Quarter Corner(E 1/4 Cor.)of said Section 22 and considering the East line
of said Southeast Quarter(SE I/4) to bear due South,and with all bearings contained herein
relative thereto;
Thence South along the East line of said Southeast Quarter(SE 1/4), 500 feet;
Thence West 640 feet;
Thence North 500.93 feet to a point on the North line of said Southeast Quarter(SE 1/4) ;
Thence South 89%%d55' East along said North line 640 feet to the Point of beginning.
EXCEPTING TI IEREFROM a parcel of land conveyed to the County of Weld by deed recorded
April 7, 1900 in Book 130 at Page 350,more particularly described as follows:
All that part of the Southeast Quarter(SE 1/4) of Section 22 lying South of the following
described meander line and described as follows,towie
Commencing at a point on the North line of the present County Road along the South Side of Said
Southeast Quarter(SE 1/4), 1600 feet West and 30 feet North of the Southeast corner of said
Southeast Quarter(SE 1/4);
Thence by true bearings variation 14%%d 30' East as follows North 69%%d30' West,300 feet;
Thence North 89%%d30'West,300 feet;
Thence South 69%%d West,300 feet to the a point on present right of(way) 30 feet North and
168 feet East of the Southwest corner of said Southeast Quarter(SE U4). also
INCLUDING a portion of 37th Street, more particularly described as follows:
Beginning at the Northeast Corner of Section 27,Township 5 North,Range 66 West of the 6th
Principal Meridian,Weld County Colorado and considering the North Line of of the Northeast
Quarter(NE 1/4)said Section 27 as bearing North 89%%d32'S 1" West,with all other bearings
contained herein relating thereto:
Thence North 89%%d32'51"West along the North Line of the Northeast Quarter(NE 1/41 of said
Section 27,a distance of 7.50 feet to the True Point of Beginning;
Thence North 89%%d32'51"West along the North Line of the Northeast Quarter(NE 1/41 of said
Section 27,a distance of 2618.10 feet,to the North Quarter Corner(N 1/4 Cor.)of said Section
27;
Thence South 00%%d28'34"West,49.00 feet;
Thence South 89%%d32?51? East, 198.96 feet;
Thence North 64%%d14?49? East, 110.09 feet;
Thence South 88%%d54'53" East,2327.11 feet;
Thence North 00%%d1429" East,30.00 feet to theTrue Point of Beginning.
Containing a gross acreage of 149.985 acres more or less.
TUSCANY#3:
KNOW ALL MEN BY THESE PRESENTS that the undersigned being the sole owners in fee of
Part of the Northwest Quarter(NW 1/4)of Section 26,Township 5 North, Range 66 West of the
6th Principal Meridian,Weld County,Colorado,being more particularly described as follows:
Beginning at the Northwest Corner of Section 26,Township 5 North, Range 66 West of the 6th
Principal Meridian,Weld County,Colorado,and considering the North Line of the Northwest
Quarter(NW 1/4)of Section 26 as bearing South 89%%d59'45" East with all other bearings
contained herein relating thereto:
Thence South 89%%d59'45"East along the North Line of said Northwest Quarter(NW 1/4)a
distance of 2649.24 feet to the North Quarter Corner;
Thence South 00%%d19143" West,along the North-South Center Line of said Section 26 a
distance of 2642.32 feet to the Center Corner;
Thence North 89%%d44'54" West along the East-West Center Line of said Section 26 a distance
of 286.38 feet;
Thence North 34%%d4I'36" West, 264.64 feet;
Thence North 70%%d59'10" West,332.00 feet;
Thence North 84%%d35'l0" West,301.00 feet;
Thence North 74%%d54'10" West,384.50 feet;
Thence North 67%%d43'32" West,360.60 feet;
Thence North 44%%d03'30" West,542.05 feet to a point on the West Line of the Northwest
Quarter of said Section 26;
Thence North 00%%d12'50" East along the West Line of the Northwest Quarter of said Section
26 a distance of 1115.88 feet to the Northwest Corner of said Section 26 and the Point of
beginning.
Containing a gross acreage of 114.557 acres more or less.
Mike& Roberta Wiedeman s Property:
Part of the Southwest Quarter of Section 23,Township 5 North, Range 66 West of the 6'h P.M_,
Lot A Recorded Exemption RE-1196 Situs: 4367 37'h Street 001 Weld 80620
Containing approximately 176 acres more or less.
Vicinity: Northwest corner of 47th Avenue and 37th Street and the Southeast corner of 3 Th
Street & 47th Avenue.
All persons being interested in this matter may be present and heard.
Kim Betz
City Clerk
City of Evans
Published in the Greeley Tribune September 16, 23, 30 & October 7th.
•
NEVILLE'S CROSSING ANNEXATION #2 & #3
IMPACT REPORT
September, 2000
The City of Evans has received a request from Michael Dondaldson, property owner, to annex
approximately 110 acres, including rights-of-way, to the City of Evans. The proposed Net ille's
Crossing Annexation #2 & #3 is located south of 49th Street between 47th Avenue and 65'h
Avenue. Please refer to the attached vicinity map.
This report is provided as required by Section 31-12-108.5 CRS, as amended, and contains
information on the impact the proposed development may have on the current infrastructure and
financial condition to the City of Evans.
Section 1 - Maps and Utilities
Enclosed as "Exhibit A"is a map showing the vicinity of Neville's Crossing Annexation #2 &
#3. The existing city limit lines are dashed with the subject property being hatched.
The City of Evans water and sewer utilities are represented in "Exhibit B." Other utilities arc
not depicted on this map, but may be extended into easements upon subdividing or dedication
by the property owner.
Section 2 - Pre-annexation Agreement
An annexation agreement is being negotiated. A draft of the most recent agreement is incladed
in the packet as "Exhibit C".
Section 3 - Providing Municipal Services/Infrastructure improvements
The subject parcel is intended for estate residential lots consisting of a minimum of one acre
dimensions. There are tank battery facilities located within the subject parcel, and build out of
this development is estimated to take around five years.
With the development of Neville's Crossing, the developer will be extending water mains o
this area, which can be utilized to service this project. It is the developers responsibility to
extend adequate water services for fire protection and potable water needs from approxlnu tely
Ashcroft Draw along 49th Street west to the property The City is extending a water main from
35th Avenue to 49th Street and 49"' Street west to approximately Ashcroft Draw.
The site will have adequate sanitary sewer service with the extension of sanitary sewer mans
from Neville's Crossing along 49''i Street. Extensior of all sewer mains will be the
1
responsibility of the developer. Please refer to "Exhibit B" representing the vicinity of sewer
service.
The City of Evans is responsible for the operation and maintenance of the Hill-N-Park
Sanitation District and collection system, which would service the subject parcel. Recently,
Evans received grant monies to construct improvements to the facility, which will increase the
capacity of the Plant. By the time this subdivision reaches full build out, the Hill-N-Park
Sanitation District should be able to meet all the demands of this development.
Storm drainage, streets, sidewalks, and similar infrastructure will be the responsibility of the
developer. The City of Evans staff will review proposed plans related to these items to ensure
the installation of safe, adequate facilities and improvements.
The City intends to provide police services to the property by utilizing the present police
capability, which can provide protection for a short term time period. As these areas continue
to develop, traffic congestion already occurring along 35" Avenue and 49`" Street will increase
and likely result in reduced safety and traffic accidents, and animal control and nuisance
abatement calls will likely increase. Additional traffic enforcement activities will be required in
this area. Eventually, additional personnel will be needed to adequately address these issues.
Fire protection will be provided by the City of Evans Fire Department. The fire department will
review development proposals for safety standards and assist the property owner with
petitioning out of their current fire district. Although this annexation is 3.4 miles from the City
of Evans Fire Station No. 2, Milliken Fire Protection District's No 2 station is only three
quarters of a mile from the subject property. Currently, Evans and Milliken are developing a
mutual aid agreement to provide adequate fire, rescue, and first responder medical service to
this area. With the completion of the cooperative agreement and the addition of adequate water
services to be constructed, the City of Evans Fire & Rescue will be able to provide fire and
rescue services to the proposed annexation.
Any open space proposed within the subject parcel would be owned, operated and maintained
by a homeowners association. Parks dedicated to the City will be developed from park fees
collected from building permits. Setbacks from any oil and gas well heads, tank batteries.
separators and related appurtenances on this property must comply with current City of Evans
regulations.
Section 4 - Financing Extension of Municipal Services
A:1 of the services provided by the City will be financed through existing sources of revenue.
These sources will also apply to Neville's Crossing #2 , and include revenues for property.
sales, and franchise taxes, water, sewer, drainage, and sanitation fees.
The commercial impact to the City of Evans is unavailable because it is unknown what tyre of
2
development will occur, if any.
Section 5 - Existing Taxing Districts
Along with the City of Evans, the following districts are included in this annexation and have
been notified as per CRS 31-12-108.
Weld County - Board of County Commissioners, Attorney, & Planning
School District#6
Northern Colorado Water Conservancy District
Milliken Fire District
AIMS Junior College
Weld County Library
West Greeley Soil
Section 6 - Local Public School District Impact
The school district recognizes that an increase in residential units creates a need for more
schools. Recently the school district purchased a 12 acre parcel along 37th Street and 4 i'h
Avenue for an elementary school site.
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Legend
EN — City Limits Vicinity Map
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Neville's Crossing Annexation
Subject Property #2 & #3
Annexation #1 • . 3I I- i. Iu -a Se,t-mrr1 ' 2 00
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GALIIOIl a
CITY OP EVANS
UTILITY SERVICE MAP
~ WELD COUNTY. COLORADO
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Exhibit"C"
ANNEXATION AGREEMENT
NEVILLE'S CROSSING#2 &; #3 ANNEXATION
This agreement is made and entered into this 17th day of October , 2000,by and between
Michael Donaldson, hereinafter referred to as "Owner", and the CITY OF EVANS, a municipal
corporation of the State of Colorado, hereinafter referred to as "Evans" or"City".
WITNESSET'H:
WHEREAS, Owner desires to annex to Evans the property more particularly described on
Exhibit A,which is attached hereto, incorporated herein, and made a part hereof(such property is
hereafter referred to as "the Property"); and
WHEREAS,Owner has executed a petition to annex the Property,dated September 5. 2000,
a copy of which petition is on file with the City Clerk; and
WHEREAS, Owner has prepared an Annexation Statement and Conceptual Development
Plan identifying and illustrating requested zoning, proposed land use and intended development
of the property more particularly described on Exhibit B, which is attached hereto, incorporated
herein and made a part hereof; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement regarding annexation of the Property to the City and other matters as set forth herein;
and
WHEREAS,Owner acknowledges that upon annexation,the Property will be subject to all
ordinances,resolutions, and other regulations of the City of Evans. as they may be amended from
time to time; and
WHEREAS,Owner acknowledges that the need for conveyances and dedication of certain
property, including but not limited to property for rights-of-ways and easements, to Evans as
contemplated in this Agreement, are directly related to and generated by development intended to
occur within the Property.
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. Information of Recitals. The parties confirm and incorporate the foregoing recital s
into this Agreement.
1
2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of
the annexation of the Property to the City. Except as expressly provided for herein to the contrary,
all terms and conditions herein are in addition to all requirements concerning annexation contained
in the Evans Municipal Code, Development Regulations and Comprehensive Plan, and the
Municipal Annexation Act of 1965, as amended, C.R.S. §31-I2-101 et seq.
3. Further Acts. Owner agrees to execute promptly upon request of Evans arty 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 annexation election relating to the Property, except upon request of
Evans.
4. Annexation Document& Owner agrees to provide legal documents, surveys,
engineering work,newspaper publications,maps and reports determined by Evans to be necessary
to accomplish the annexation.
5. Zoning andLand Use. The parties recognize that it is the intent and desire of Owner
to develop the Property in a manner generally consistent with the zoning and land uses presented
in paragraph 15 below, and that the granting of such zoning by the city of Evans is a material
consideration of the Owner's agreement to annex the Property to the City. Owner shall take all
action necessary to permit zoning by Evans of the annexed Property within the time prescribed by
state statute. In the event the City does not zone the land in accordance with the uses further
described in paragraph 16, then the City agrees not to oppose any disconnection by the Owner,
subject to the requirements of state law.
6. Public Use Land Dedication. Owner agrees to dedicate,by General Warranty Deed
or other appropriate instrument of conveyance acceptable to the City,or,at the request of the City,
for a homeowner's association to he created, all of Owner's right, title and interest (subject to
exceptions of record permitted by the City), in and to the applicable property a portion of the
territory to be annexed for public open space or other public purposes as directed by the City in
addition to easement and rights-of-way for streets and other public ways and of other public
purposes, all as required by City ordinances and resolutions in effect at the time of the dedicati.>u.
Owner shall have no obligation to dedicate any land for development of public improverne its for
the following: public school, sewer/water treatment facilities or related facility, power generation
plant, library, police station or fire station.
7. Water and Waste Water Utilities. On-site and required off-site wattr and
wastewater mains and appurtenances shall be constructed to City standards by Owner at Owner s
expense. Owner shall he entitled to reimbursement for over sizing of any additional mains in
accordance with the ordinances and policies of the City. The water and sewer mains to he
oversized shall be set forth in the Public Improvement Developers Agreement.
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8. Water Rights Dedication. Owner shall dedicate water rights as required by
Chapter 13.08 of the Evans Municipal Code. All water rights existing with the Property at the time
of annexation shall be dedicated to the City upon recording of the annexation plat. City may accept
the following water rights:Greeley/Loveland Irrigation Corporation(CLIC),Lake Loveland,Seven
Lakes, and Colorado-Big Thompson (CBI).
9. Non potable irrigation. Owner may install a non-potable water system to
provide irrigation water to all areas described within "Exhibit A". The non-potable water system
will be an independent utility system owned,operated and maintained by Owner,or a homeowners
association. If the non-potable irrigation system is installed within public right-of-way, City and
Annexor shall enter into a separate"irrigation right-of-way grant agreement". In consideration of
the reduced potable water demand that will be realized by the installation of a non-potable
irrigation system, the amount of raw water to be dedicated to the City shall be reduced by an
amount as determined by an engineering analysis performed by the City.
10. Municipal Services. Evans agrees to make available to the Property all of the usual
municipal services provided by the City,in accordance with the ordinances and policies of the City
The services provided by the city include, but are not limited to, police protection, fire protection.
water, waste water, and storm water services. Owner acknowledges that City services do not
include, as of the date of the execution of this Agreement, emergency medical services.
11. Public Improvements. Required public improvements shall be designed and
constructed to City standards by Owner at Owner's expense. Owner further agrees to provide
financial guarantees for construction of all required improvements as set forth in each phase of the
development, and to dedicate to the City any or all of the improvements as required by City
ordinances. The public improvements and financial guarantee shall beset forth in the Development
Agreement between the City and Owner.
12 Streets and Arterial Roads. On-site and required off-site streets shall be dedicated.
designed, and constructed to City standards by Owner at Owner's expense. Upon approval of the
City,Owner shall dedicate all public right-of-way improvements under warranty with at least a one
year guarantee for maintenance to the City of Evans. A traffic study for the proposed development
shall be completed by the Owner in accordance with City requirements. The Traffic Engincet shall
consider future signalization and a signal progression analysis. Owner shall be responsible for
payment of a portion of the cost related to the design and construction of such future signali;atiou
when it is determined that such infrastructure is warranted.
13. Drainage. A drainage study of the entire annexation territory will he provided by
the Owner. Improvements recommended by such study shall be completed at the tune of
completion of each phase of development. Facilities necessary to address drainage from outside
the Property will be designed for quantities in excess of those amounts historically discharged front
the site,these facilities will he developed in conformance with the Comprehensive Drainage itud:ly
and other City regulations and ordinances.
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14. Reimbursements. To the extent water, sewer, storm drainage facilities or other
public utilities are oversized or extended on to property by Owner or to the extent public
improvements are built off-site of the Property by Owner,by any District or by the City, for benefit
accruing to other parties, said improvements may be eligible for reimbursement. Per Chapter
13.28, City agrees to use its best efforts to maximize the opportunity for, and amounts of
reimbursement payable to Owner in connection with the development of any other property tipping
onto or otherwise making use of any such improvements. The City agrees to coordinate the
execution and delivery of necessary reimbursement agreements among the City,the Owner and the
Owner developer of any other such property in order to obtain such reimbursements for Cwner.
15. Zoning and Land Use.
(A) Conceptual Plan. Owner and City shall mutually agree upon a conceptual land
use plan, which is in accordance with the City's Comprehensive Plan. It is Owner's intent to
develop and zone the Property in accordance with the conceptual land use plan as shown in
"Exhibit B".
It is the intent of the developer to provide estate residential lots consisting of a minimum
of one acre dimensions. There are tank battery facilities located within the subject parcel, which
will have to meet Evans setback standards for construction. The Owner may research the
possibility of non-potable irrigation for the subdivision. Build out of this development is estimated
to take around five years.
Owner agrees the design, improvement, construction, and development of the Property
described herein shall be in conformance with the City of Evans Design Guidelines as those
requirements exist at the time of site plan application. It is Owner's intent to develop all streets i n
accordance with the City's Local 44 street standard.
(B) Rezoning Process. Upon submittal of required materials, Owner's rezoning
request shall be processed concurrently with the petition for annexation. This provision does not
waive the authority of the Owner or the City of Evans to initiate rezoning of the land in accordance
with the Charter and Ordinances of the City of Evans. Land use is subject to the police povacr and
legislative authority of the City of Evans.
17. Limitation on Fee Impositions by the City. The City agrees that the Property shall
be subject to typical development fees similar to those that are imposed on other residential
developments in the City pursuant to the City's regulations and ordinances.
18. Developer's Agreement. In a form provided by the City, Owner and the City shall
enter into a public improvements developer's agreement. Owner shall submit a proposed public
improvements developer's agreement concurrently with the submittal of the preliminary p an for
development of the Property. The final form of the developer's agreement shall be i:ubject ro
mutual agreement of the parties on the terms and conditions of the same. The developers
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agreement shall be signed upon final plat approval.
19. Conformity with Laws. Owner agrees that the design, improvement, construction,
development, and use of the Property shall be in conformance with all applicable laws and
ordinances and that Owner shall comply with all City ordinances, resolutions and regulations
including without limitation, ordinances, resolutions, and regulations pertaining to annexation,
subdivision, zoning, storm drainage, utilities, access to City streets, and flood control.
20. No repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's
legislative, governmental, or police powers to promote and protect the health, safety, and welfare
of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the
city of any tax or fee.
21. Disconnection. No right or remedy of disconnection of the Property from the city
shall accrue from this Agreement, other than that provided by applicable state laws. In the event
the property or any portion thereof is disconnected at Owner's request, Evans shall have no
obligation to serve the disconnected Property or portion thereof and this Agreement shall be void
arid of no further force and effect as to such Property or portion thereof. In the event the City does
not approve the zoning and development plan as set forth in paragraph 16 within ninety(901 days
of the completion of the annexation, then the Owner may initiate disconnection pursuant to state
law and the City agrees to not oppose disconnection unless delays are caused by Owner.
22. Severability. The parties agree that if any part, 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 he invalid.
23. Owners Association. Owner shall organize a unit owners association or associations
if appropriate for given parcels and/or unit types with the development of the Property. Owner
shall form the association(s) pursuant to the Colorado Common Interest Ownership Act ("Net").
C.R.S. §38-33.3-101 et seq. The Owner shall also execute and record covenants and instruments
of conveyance which comply with the Act and which adequately provide for continuous ownership,
operation,maintenance,repair and replacement of common elements of the development, ncl udin g
but not limited to any private roads,private common areas and private facilities. At least thirty(SO)
days prior to recording any covenants or instruments of conveyance to the association(s). Owner
shall provide such documents to the City Attorney for review and comment.
24. Special District Inclusion. Withing thirty(30)days afterwritten request by the Cit ,
Owner shall apply for inclusion of the Property with one or more special districts serving the City.
Owner agrees to petition out of the Milliken Fire District and does hereby irrevocably appo nt the
Fire Chief of the City of Evans its true and lawful agent and attorney for the Owner and in the
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Owner's name and stead to sign and execute any and all petitions, documents and writing
pertaining to the lands herein described which shall be necessary and appropriate to petition out
of such Milliken Fire Protection District.
25. Future Cooperation. The parties agree they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement, and will execute such
additional documents as necessary to effectuate the same.
26. No Joint Venture or Partnership/No Assumption of Liability. Nothing com ained
in this Agreement is intended to create a partnership or joint venture between the City and Owner
or between the City and any one or more of the individual owners listed above,and any implication
to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement
does not provide for the joint exercise by the parties of any activity, function or service, no,-does
it create a joint enterprise, nor does it constitute any party hereto as any agent of another party
hereto for any purpose whatsoever. Except as specifically otherwise provided in this agreement,
no party shall in any way assume any of the liability of any other party for any act or obligations
of the other party.
27. Amendment This Agreement may be amended only by mutual agreement of the
City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk
and Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be
binding upon all persons or entities having an interest in the Property and/or Water Rights subject
to the amendment unless otherwise specified in the amendment.
28. Entire Agreement This Agreement embodies the entire agreement of the parties.
There are no promises,terms,conditions,or obligations other than those contained herein; ar d this
Agreement supersedes all previous communications, representations,or agreements,either"erbal
or written between the parties.
29. Owner. As used in the Agreement,the term"Owner-shall include any of the heirs,
transferees,successors,or assigns of Owner,and all such parties shall have the right to en force this
Agreement, and shall be subject to the terms of this Agreement,as if they were the original parties
thereto. In the event of a transfer of all or any portion of the Property,the transferring Ownc-shall
be relieved of any and all obligations under this Agreement which arise after the date of such
transfer with respect to the transferred Property.
30. Amendments to Law. As used in this Agreement, unless otherwise specificall;
provided herein, any reference to any provision of any City ordinance, resolution, regulation, or
policy is intended to refer to ally subsequent amendments or revisions to such ordinance,
resolution, regulation, or policy, and the parties agree such amendments or revisions shall be
binding upon Owner.
31. Binding Effect This Agreement shall be binding upon and inure to the hen L.tit of
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all the heirs,transferees,successors,and assigns hereof,and shall constitute covenants running with
the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County,
Colorado,at Owner's expense. Subject to the conditions precedent herein,this Agreement may he
enforced in any court of competent jurisdiction.
32. Failure to Annex. This Agreement shall be null and void if the City fails to approve
the annexation of the Property.
33. Breach by Developer; City's Remedies.
(A) In the event of a default or breach by the Owner of any term, condition,
covenant, or obligation under this Agreement, the City may take action as it deems necessary to
protect the public health, safety, and welfare; to protect lot buyers and builders, and to protect the
citizens of the city from hardship. The City's remedies include:
(i) The refusal to issue to the Owner any development permit.building
permit, or certificate of occupancy. This remedy shall not affect
sales to bona fide purchasers nor be applied to bona fide purchasers;
(ii) A demand that the security given for the completion of the public
improvements be paid or honored;
(iii) The refusal to consider further development plans within the
Property; and /or
(iv) Any other remedy available at law.
Unless necessary to protect the immediate health, safety, and welfare of the City or City
residents, the City shall provide the Owner ten (10) days written notice of its intent to take any
action under this Paragraph during which ten-day period the Owner may cure the breach described
in said notice and prevent further action the City.
(B) Breach by City. Parties agree that in the event of a breach by the City,
Owner will have the right to seek all remedies provided by law.
(C) Attorney's Fees. If any party breaches this Agreement,the breaching party
shall pay the non-breaching parties reasonable costs and attorney fees incurred in the enforenment
of the terms and conditions of this Agreement.
34. General Provisions. City shall:
(A) Cause its staff to timely and promptly approve or disapprove written
submittal by Owner of any plans, specifications, drawings, details or other pertinent data required
in connection with any water line, sanitary sewer line, storm drainage or other utility serving the
Property or any improvements within any dedicated right-of-way on the Property. Any disapproval
shall set forth the items disapproved together with the reasons for such disapproval.
(B) Use its best efforts securing, at Owner's expense, construction and
maintenance agreements from governmental or private entities in order to allow Owner to fulfill
its obligations under this Agreement and to proceed with development of the property.
(C) Cooperate with Owner with any filing, applications, approvals or other
administrative procedures with governmental entities other than the City which is necessary to
allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely
manner.
(D) Provide police and other municipal services to the Property to the same
extent as those services are provided by City throughout the balance of the City, pursuant to the
City's uniform applied policies.
(E) Not unreasonably withhold its consent or approval when any consent or
approval is required.
Owner shall notify the City of assignments and the name of the assignee(s). Upon the sale
or other transfer of any portion of the Property. The transfer of such portion shall be released from
all liability and obligation under this Agreement relating to such portion and all such liabilities and
obligations shall be assumed by the transferee(unless transferee is a member of the home buying
public or governmental entity).
Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing
codes,ordinances or as a waiver of the city's legislative,governmental or police powers to promote
and protect the health, safety, and general welfare of the City or its inhabitants; nor shah this
agreement prohibit the enactment by the City of any fee which is of uniform or general application.
It is understood and agreed by the parties hereto, that if any part, term or provision of this
Agreement is by a court determined to be illegal or in conflict with any law of the State of
Colorado,the validity of the remaining portions or provisions shall not be affected, and the rights
and obligations of the parties shall he construed and enforced as if the agreement did not contain
that particular part, term,or provision held to be invalid. This Agreement maybe enforced in any
court of competent jurisdiction.
35. Notice. All notices required under this Agreement shall be in writing and shall be
hand delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
transmission receipt, provided a hard copy is mailed the same date. All notices by mail shall be
considered effective seventy-two (72)hours after deposit in the United States mail with the propel
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address as set forth below. Either Party by notice so given may change the address to which future
notices shall be sent.
Notice to City: City of Evans Notice to Owner: Michael Donaldson
Attn: City Manager P.O. Box 1312
1100 37' Street Ft. Collins,CO 80522
Evans,CO 80620
With copy to: R.Russell Anson,City Attorney
820 13" Street
Greeley,CO 80631
36. Election. Owner agrees that it is voluntarily entering into this Agreement. Ownei
represents and submits that to the extent an election would be required pursuant to C.R.S. §3 I-12-
112, as amended, to approve the annexation or to impose terms and conditions upon the Property
to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and
would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any
election would necessarily result in a majority of the electors' approval to the annexation and the
terms and conditions.
37. Legislative Discretion. The Owner acknowledges that the annexation and zoning
of the Property, are subject to the legislative discretion of the City Council of the City of Evans
No assurances of annexation,zoning,or special use permit approval have been made or relied upon
the Owner. In the event that, in the exercise of its legislative discretion, any action with respact to
the annexation,zoning or special use approval for the Property, as contemplated herein and in the
proposed Conceptual Development Plan for the Property, is not taken or if once taken and Owner
is in full compliance with such annexation,zoning or special use approvals, is not maintained then
the Owner may withdraw the petition for annexation and seek disconnection from the City in
accordance with state law, as may he appropriate and City agrees not to oppose.
38. No Third Party Rights. This Agreement is made solely for the benefit of the parties
hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not
named as parties hereto.
39. Governing Law. The laws of the State of Colorado shall govern the validity.
performance,and enforcement of this Agreement. Should either party institute legal suit or s.etion
for enforcement of any obligation contained herein,it is agreed that the venue of such suit or tietion
shall be in Weld County, Colorado.
40. Headings. The paragraph headings in this Agreement shall not he used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
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41. No Warranties by the City. The City is entering into this Agreement in good faith
and with the present intention,on the part of the present City Council, that this Agreement will be
complied with. However,because some of the provisions of this Agreement may involve areas of
legal uncertainty, the City makes no representation as to the validity or enforceability of this
Agreement that no such warranty is made on the part of the City.
42. Non-conforming Use. In the event Owner's zoning and development plan is not
advanced with reasonable diligence,City agrees to allow the existing non-conforming agricultural
use to continue until such time as the property is rezoned but not at a greater level than at its current
level of activity and use.
ATTEST: CITY OF EVANS, COLORADO,
A MUNICIPAL CORPORATION
By: By:
City Clerk Mayor
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
)ss.
COUNTY OF
By:
The above and foregoing signature of _, on behalf of
, was subscribed under oath before me on this____ day
of , 2000.
WITNESS my hand and official seal.
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO
Is.
COUNTY OF
By: The above and foregoing signature of on behalf of
, was subscribed under oath before me on this ___day
of , 2000.
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WITNESS my hand and official seal.
LANDOWNER ACKNOWLEDGMENT
By: STATE OF COLORADO )
)ss.
COUNTY OF
The above and foregoing signature of _, on behalf of
, was subscribed under oath before me on this____day
of , 2000.
WITNESS my hand and official seal.
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