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1995 OCT 26 AI 9: 52
CLERK
TO THE BOARD
ANNEXATION IMPACT REPORT
Gil I FSPIEANNEXATION
October 13, 1995
Prepared by:
TOWN OF FIRESTONE
150 Buchanan
Firestone, Colorado 80520
S5E4E4
Sfiltmea-rnr0 so) Cr?, 7,w)'e,A
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TABLE OF CONTENTS
Page
I. Project Description I
H. Municipal Services 1
III. Special Districts 2
IV. School District Impact 2
V. Exhibits 2
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L Project Description
The location of proposed Gillespie annexation is shown on the attached maps
(Exhibits A, B and D). The area to be annexed includes 108.33 acres of vacant
land in unincorporated Weld County. In conjunction with the proposed
annexation, the zoning is anticipated to change from Weld County Agricultural
zoning to Town of Firestone Residential zoning.
It. Municipal Services
Municipal services for the Gillespie Annexation are planned to be provided in
the following manner:
Electricity United Power
Natural Gas Rocky Mountain Natural Gas
Telephone US West
Water Firestone/Central Weld County Water District
Sewer Weld County Tri Area Sanitation District
Fire Frederick Fire Protection District
Police Firestone Police Department
Financing the municipal services within the area to be annexed is addressed in
an annexation agreement between the applicant and the Town of Firestone. A
copy of the annexation agreement is attached as Exhibit C.
Ill. Special Districts
The area to be annexed is or will petition for inclusion into the following special
districts, as appropriate:
• Central Weld County Water District
• St. Vrain Valley School District RE -1J
• Td -Area Ambulance District
• Weld County Tri Area Sanitation District
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• Carbon Valley Recreation District
• Frederick Fire Protection District
IV. School District Impact
It is not anticipated that the annexation will significantly affect the local public
school district system. As development may occur, specific development plans
will be submitted to the school district for their review and comment.
V. Exhibits
A Location Map
B. Proposed land use map
C. Annexation Agreement
D. Annexation Map
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Annexation and Zoning Location Map
Town of Firestone
USGS Ban
Exhibit A
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TO
Q?EN SPADE
e FER/
DEAREa N
Exhibit B
ccwce'PrA , 5Aeeit 2
MED-DE
RESIDEWALE
'1 &dee
„8 UNITS
13 d o u $ s
15' QPENa?.ACE Burr -R/
rCwN or FREDERICK UTILITY EASEMENT
CCNCEP- A , sheet /
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Exhibit C
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ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this 4344 day of
, 1995, by and between PARMER A. GILLESPIE, JR.,
h-�:-i er referred to as "Owner," and the TOWN OF FIRESTONE, a
m nic pal 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
a copy of which petition is attached hereto as Exhibit
incorporated herein and made a part hereof; and
WHEREAS, it is to the mutual benefit of the parties
enter into the following Agreement; and
WHEREAS. Owncr 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. Unless the Exhibit B annexation petition is
withdrawn by Owner, 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,
property,
"B," and
hereto to
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l 2. Owner , news a eo provide
ublicate on, maps, and sreports
engineering work, P P P
determined by Firestone to be reasonably necessary to accomplish
the annexation.
3. As soon as possible, but in any event within sixty (60)
days after the date of this agreement, Owner shall submit to the
Town a conceptual plan for the development of the property (the
"conceptual plan"). The conceptual plan shall serve as a general
guide for the residential development of the property in phases,
with the delineation of future phases being only as specific as
required by the level of development then currently requested. The
conceptual plan shall provide for mixed residential uses and shall
indicate the specific zoning classifications requested by Owner.
Nothing in the conceptual plan shall bind the parties with respect
to any provisions of Title 16 of the Firestone Municipal Code or
other applicable ordinances.
4. As soon as possible, but in any event within one -hundred
twenty (120) days after the date the Town accepts filing of the
conceptual plan, the Town shall act upon the annexation petition
and the zoning requested in the conceptual plan, unless Owner
consents to later date. The parties recognize that it is the
intent and desire of Owner to dcvelop the property in a manner
generally consistent with the zoning requested in the conceptual
plan and that the granting by the Town of said zoning 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, in
addition to easements and rights -of -way for streets and other
public ways and for other public purposes, all as required by Town
ordinances and resolutions in effect at the time of the dedication.
The location, area, and configuration of such dedications shall be
as approved by the Town in the applicable subdivision plat. 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
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required improvements. If requested by Firestone, Owner agrees to
entr development agreement ertaining
prior to any development of tthe o uproperty.improvements
ch v
7. if requested by Firestone, Owner agrees to include the
property in one or more special improvement districts established
by the Town pursuant to law, or in other mechanisms for making
public improvements established by the Town pursuant to law. If
requested by Owner, Firestone agrees to consider the establishment
ent
of one or more special improvement districts for making
improvements.
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, subdivision,zoning, without limitation,ordinances and
storm
resolutions pertaining to annexation,
drainage, utilities, and flood control. Owner further agrees that in e ent theforth
anyVepublic own
quasi public enacts by ordinance purpose one for the pupact fees
purpose of
glng the impacts of urban by any such growth and development,
ordinance shall teesasestablished be applicable to
the property.
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 as authorized
by law.
10. Except as provided in Paragraph 24, no right or remedy of
disconnection of the property from the Town s all accrue e from.thIs
Agreement, other than that provided by
thereof is e la. In
the event the property or any portion
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.
ii. 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 a y law of
the
hpoetState
of Colorado, the validity of the remaining p
or provisions shall not be affected, and the rights and obligations
of the parties shall be construed and term, oc d as if the provision
did not contain the particular part,
held to be invalid.
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12. Firestone agrees to make available to the property all of
the usual municipal services which are provided by the Town to
other properties in the Town in accordance with the ordinances and
policies of the Town which services include, but are not limited
to, police protection and water services. Owner acknowledges that
Town services do not include, as of the date of the execution of
this Agreement, sewer service, fire protection services, emergency
medical services, or other services, but the property is presently
included within the boundaries of and is entitled to receive fire
protection and emergency medical services from the Fre rick Area
Fire Protection District.'V7)' A.ia tI4s..dre 41/57";
13. Owner, as a prerequisite to annexation, agrees to furnish
and deliver ownership to the Town the minimum water rights as
required under Section 1.08.050 of the Firestone Municipal Code.
Title to the required water rights for all of the subdivided lots
on each approved subdivision plat for the property shall be
transferred to the Town prior to the commencement of construction
of any public improvements for the subdivision. In awhich ccace
with
Section 1.08.050.C of the Firestone Municipal Code, obligates
owner to sell any water rights to the Town in excess of the water
rights required for Owner's development, Owner represents to the
Town that Owner has no such excess water rights.
14. The parties agree that they will cooperate with one
another accomplishing and wilex cute suc
ltkh l
tions, and provision° of
theAgreement, 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.
16. 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.
17. 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 made or instigated by
any person or entity other than the Owner or the Town, which arise
out of oare in f the
property, any manner connected annexation
including court costs and reasonable attorneys' ofees.
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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 reasonable attorneys' fees for defense counsel of the
Town's choice for, any such liability, claims, or demands.
18. 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.
19. 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
subsequent amendments or revisions to such ordinance, resolution,
or policy, and the parties agree that such amendments
rprevisions
revisions
shall be binding upon Owner, subject to any applicable
o
for valid, pre-existing non -conforming uses. The parties
understand that such pre-existing non -conforming uses consist of
the growing of crops on the property.
20. 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.
21. This Agreement shall be null
and void if the Town fails
to approve the annexation of the pnPlr
22. 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,
the sole and exclusive remedy for the breach hereof accompanied by
the exercise of such discretion shall be the withdrawal of the
Towntinnaccordance for annexation with state e Owner, or disconnection law,
from the
law, as may be appropri te.
23. If a final and non -appealable judicial determination is
made, based on the instigation of litigation by or on
n beehal f ofhor
r
in the interest of the Owner, that all or any portion
Agreement is invalid, then the Board of Trustees in its discretion,
may deem such a determination as the Owner's application or
petition for disconnection of the property and may disconnect the
property from Firestone.
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OWNER
By:
TOWN OF FIRESTONE
By:
ATTSST:
rudy Peterson,
Town Clerk
Rick tterson, Mayor
ACKNOWLEDGEMENT
STATE OF COLORADO )ss
COUNTY OF
The above and foregoing signature of
was subscrib and sworn to before me this
/J , 1n9.0
WitneS's my hand and official seal.
My commission expires ont
ciiiii/lald [dWil c,tirostorAm 'exgil. agm
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EXHIBIT "A" ATTACHED TO AND
MORTGAGE BETWEEN PARMER A.
TOM L. RUSSELL AND MARGARET I
MADE A PARTOF THE REAL ESTATE
GILLESPIE, JR. REALR
( ) AND
. RUSSELL ("MORTGAGEES")
LOFADESCRIPTIA$
THE PApPERTY
PARCEL IC
✓ A tract of land in the NE1/4 of Section 30, Township 2
State,ofaColorado, described as foth llows:
of Weld,
The NE1/4 of the SW1/4 of the NE1/4 and the W1/2 of the
SE1/4 of the NE1/4 and the E1/2 of the SE1/4 of the
SW1/4 of the NE1/4 and the W1/2 of the SE1/4 of the
SE1/4 of the NE1/4.
(Vacant land, no street address assigned)
PARCEL..a:
Part of the NE1/4 of section 30, Township 2 North,
Range 67 oNest of the 6th e
more particularly describedlyCounty of e
asfolld, State of
lows:
Colorado,
The NE1/4 of the NE1/4 of said section 30; the E1/2 of
the NW1/4 of the NEI/4 of Section 30; the E1/2 of the
SE1/4 of NE1/4 of the e SSE1/400fthe
the NE1/4 of said the
d Section Section 30; 3 ;
EXCEPT that portion conveyed to Harold L. Roberto and
Gwendolyn Roberts by Deed recorded January 20, 1976, in
Book 757 9Reception
-recorded
February 3:,1976, i1
n Book 758 as Reception No. 679294, and e 1680474,
and re-recorded May 19, 1976, in Book 767 as Reception
No. 1688928.
(Vacant land, no street address assigned)
430'd
TOGETHER WITH all water, water rights, laterals, lateralrights, wells,iditches,
well rights,
sumps, return water systems, decrees, lakes, and
reservoir rights, belonging or in any way appertaining
to the above -described property.
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