HomeMy WebLinkAbout980340.tiff CityEE
of Broomfield WTI 1) CT "
ONS RIVE BROOMFIELD,CO 80020 (303)469-3301
February 12, 1998
C�ERK
TO THE
VIA REGISTERED MAIL
Weld County
Board of Commissioners
915 10th Avenue
Greeley, CO 80631
RE: Notice of Annexation
147.8±Acres - West of Highway 25, south of Weld County Road No. 4 and north
of State Highway No. 7
Grant V. Niven, et.al
Enclosed please find the following items for the above referenced property:
1. Copy of Notice of Hearing
2. Copy of Resolution
3. Copy of Petition, as filed
4. Annexation Impact Report
Sincerely,
�WO-
Vicki Marcy
City Clerk
Enclosures
pc: Kevin Standbridge, Planning Director
Roy Howard, City Attorney
Process File
artitir
AEA?3
(!_zit : kiifit)) lit)( /‘ (.' j ' 980340
NOTICE OF PUS IC HFARINP
CITY OF BROOMFIELD
MResaben 8 Zoning
Notice is hereby green that the Wowing public"paned we be held before the Broomfield City Cawed aide lime,
date,and pace desorlped below. M persons in any manner interested in the lolloveng despied heated as
requested to attend such hearing and ad Me City Council in its consideration of the matter. Following reports by
staff and the applicant.an opportunity will be afforded those personas desiring to speak on the poaos
fRT CDhINCIt -
DATE March 10.1998
TIME 8:00 pm.
PLACE - Council Chambers -
OneOeaco ices Orie -Th• e pudic nearing s scheduled to begin at 6.00 pm. Depending Mon Me Couriers agenda,Be pet heated
may begm after Be scheduld buns. It is suggested that interested parties be in attendance at 8.00 pmPrepeny
Location - West at Hlgltway 25.south at Web County Road No.4 and north a State
• Highway No 7.
Na of Acres 1478a
Applicant Gram V elnen.
ACTIONS
1. Detonating and Song whether the area proposed to be annexed meets the amiicaW reinners
of sections 31.12.104 and 31.12.105 CRS and la considered eligible for annesapon
Zoned the area to PI/0(Plowed Una Desrebpment). -
3. MW Wt of Be popery into the Northam Colorado Wand Conservancy Diana and lie Mnicpl
Sutbetnct Northern Colorado Water Conservancy Mama
A copy of the resolution Steed annexation proceedings and legal description of popery are attached
Question concerning the proposal may be answered by contacting the Planning Department at 436®9
- - RESOLUTION NO.12-98
• A RESOLUTION FINDING A PETITION FOR ANNEXATION
OF A 141St ACRE PARCEL LOCATED IN SECTIONS 27 AND 34.TIN.R68W
OF THE 6TH P.M..COUNTY OF WELD.STATE OF COLORADO.IN
SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1)C.R.S.
WHEREAS the omen d e 147.8:acre parcel of land approximately located west of Interstate 25
- sic south of Wahl County Road No.4 hem pl noned the any council for annexation of said parcel.said Pets bang
bested in&edit A.attached Meta. • .. _
NOW,THEREFORE.BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BR0011FIELA
COLORADO:
$srppi.The city bquMl hereby finds as follows: _
A. The Nndon ers Of one tested percent of the area.esda g pet
sees and alleys.meeting Be requirements at sections 31.12-104 and 31-t24055.
C.R.S.have petitioned the city ounce for the annexation of the area.
B. The petitions were filed with the city clerk an January 9.1998. -
C The petitions coma.the'Mewing:
- (11 An allegation Mal a is desirable and necessary Mal Such
areas be annexed to the City of Broomfield.Coloada
(2) An allegation that the requirements of sections 31.12.104
and 31.12-105 C.R 5..as amended,exist or have been met
(3) - An anegatron that the signers of the petitions comprise the
•
landowners d one hundred percent of the teensy deluded
in the area proposed to be annexed,eeclusve of areas and
aten
(4) A request that the CM approve the annexation of the area
proposed to be annexed.
(5) The signature of the landowners.
(81 The mailing address of each stoner.
(7) The legal description of land ownee by each sloe.
(8) The date of signing of each signature.
• 0. Accompanying the pension are bur copies of an annexation map mares
ig Be followed lnfomation:
(1) Awrmen legaldescnplon of Be boundaries calve areapo
- - posed to be annexed.
(2) _ A map showing to boundary dthe area proposed b be
annexed.
(3) Man the annexation boundary nap.a showed d Be Mn
-- ban of each ownership tract in unpatted land and dSpatter
- s of the area is planed Me boundaries and the plat ranter
er
. -- . of Mots or of loss and blotls.
(4) Nan to the boundary of the area proposed to be eased a
- drawing of the mneguo s boundary of the City and h cot
. — - egtwus boundary d any other muniopaey ahnsg M area
- - proposed ro Oea aced.
_ - ._ E. ' 'No dteofsignature on the peahen s anted ware Man Me hundred she eighty
drys error to bed dared tiAng the peahen for annexation with the clerk.
F. The cork was steered me pet to the governed body as a comber
G. Said pennons are a wbslantiah compliance with section 31-12107(1).
Seya0 .As required by section 31.12-108.CR.5..the city sound win hold a hearing to determine a Be proposed
an exation complies with sections 31.12104 and 31.12.105.C.R.S..or such parts thereof as may be squired to
eaMNsh eltgiblity under the terms of the Municipal Annexation Act of 1965.Such hearings shall be ct n teed ad
held concurrently with the public nearing or the ordinance annexing the area proposed for annexation.Tie new-
mg sham be held on March 10.1998.at 000 p.m..in Me wunci chambers at One Des Comber Die
585190.3.This rsolution is effective Mot s approval by de cat council.
APPROVED on January 27.1998.
- CRY OF BROOMFIELD.COLORADO
la/William M Berens n
Moor
W Vero Marcy
, City Clerk -- -
APPROVED AS TO FORM:
/sr Row S Howard
City Attorney •
EXHIBITA
RESOLUTION NO.12-98
A name at land located in Sectors 27 and 34.Township I North,Range 58 West of the 911 Principal Mandan.
County of Web.State of Colorado more pvtulaty described as follows:
The Southerly 30.00 Nei d the Southeast One- Nader of sad Section 27 and the Northeast One-Quarter d said
Section 34.Township t North.Range 68 West of Ine 6th Principal Meridian.County at Weld.State of Cdpm>
EXCEPT a tract of land conveyed to tie Partners Reservoir and Irrigation Company on January 7.1910 M Book
314.Page 300.Clerk and Recorders Orrice.County at Weld.Stare of 6acra0o.
- per
EXCEPT a tract of land conveyed to the Farmers Resew",and Irrigation Company on March 7.1972 a Book 663.
Reception Number 1585075,Clerk and Recorders Once.County al Weld.State of Colorado.
and
EXCEPT existing Road Pars of Way or Interstate 25
Total acreage of the above described papery is 147 acres(more or Neal
Total perimeter is 10,167 Mt
Required oneoieth contiguity is 1.695 feet .
Total contiguous boundary is 5.053 feet
RESOLUTION NO. 12-98
A RESOLUTION FINDING A PETITION FOR ANNEXATION
OF A 147.8±ACRE PARCEL LOCATED IN SECTIONS 27 AND 34, Ti N, R68W
OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. IN
SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1) C.R.S.
WHEREAS, the owners of a 147.8± acre parcel of land approximately located west
of Interstate 25 and south of Weld County Road No. 4 have petitioned the city council for
annexation of said parcel, said parcel being described in Exhibit A, attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BROOMFIELD, COLORADO:
Section 1. The city council hereby finds as follows:
A. The landowners of one hundred percent of the area, excluding public streets
and alleys, meeting the requirements of sections 31-12-104 and 31-12-105,
C.R.S., have petitioned the city council for the annexation of the area.
B. The petitions were filed with the city clerk on January 9, 1998.
C. The petitions contain the following:
(1) An allegation that it is desirable and necessary that such areas be
annexed to the City of Broomfield, Colorado.
(2) An allegation that the requirements of sections 31-12-104 and 31-12-
105 C.R.S., as amended, exist or have been met.
(3) An allegation that the signers of the petitions comprise the landowners
of one hundred percent of the territory included in the area proposed
to be annexed, exclusive of streets and alleys.
(4) A request that the City approve the annexation of the area proposed
to be annexed.
(5) The signature of the landowners.
(6) The mailing address of each signer.
(7) The legal description of land owned by each signer.
(8) The date of signing of each signature.
D. Accompanying the petition are four copies of an annexation map containing
the following information:
(1) A written legal description of the boundaries of the area proposed to
be annexed.
(2) A map showing the boundary of the area proposed to be annexed.
(3) Within the annexation boundary map, a showing of the location of
each ownership tract in unplatted land and, if part or all of the area is
platted, the boundaries and the plat number of plots or of lots and
blocks.
(4) Next to the boundary of the area proposed to be annexed, a drawing
of the contiguous boundary of the City and the contiguous boundary of
any other municipality abutting the area proposed to be annexed.
E. No signature on the petition is dated more than one hundred and eighty days
prior to the date of filing the petition for annexation with the clerk.
F. The clerk has referred the petitions to the governing body as a
communication.
G. Said petitions are in substantial compliance with section 31-12-107(1), C.R.S.
Section 2. As required by section 31-12-108, C.R.S., the city council will hold a hearing to
determine if the proposed annexation complies with sections 31-12-104 and 31-12-105,
C.R.S., or such parts thereof as may be required to establish eligibility under the terms of
the Municipal Annexation Act of 1965. Such hearings shall be combined and held
concurrently with the public hearing on the ordinance annexing the area proposed for
annexation. The hearing shall be held on March 10, 1998, at 6:00 p.m., in the council
chambers at One Des Combes Drive.
Section 3. This resolution is effective upon its approval by the city council.
APPROVED on January 27, 1998.
CITY OF BROOMFIELD, COLORADO
•
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
•
City Att r
EXHIBIT A
RESOLUTION NO. 12-98
A parcel of land located in Sections 27 and 34, Township 1 North, Range 68 West of
the 6th Principal Meridian, County of Weld, State of Colorado, more particularly
described as follows:
The Southerly 30.00 feet of the Southeast One-Quarter of said Section 27 and the
Northeast One-Quarter of said Section 34, Township 1 North, Range 68 West of the
6th Principal Meridian, County of Weld, State of Colorado,
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
January 7, 1910 at Book 314, Page 300, Clerk and Recorders Office, County of Weld,
State of Colorado.
and
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
March 7, 1972 in Book 663, Reception Number 1585075, Clerk and Recorders Office,
County of Weld, State of Colorado.
•
and
EXCEPT existing Road Rights of Way for Interstate 25
Total acreage of the above described property is 147.8 acres (more or less)
Total perimeter is 10,167 feet
Required one-sixth contiguity is 1,695 feet
Total contiguous boundary is 5,083 feet
kirstent data\word\annex\12-98res.co
RECEIVED
CITY CLERK'S OFFICE
1 q K
r
PETITION FOR ANNEXATION OF UNINCORPORATED
TERRITORY IN THE COUNTY OF WELD STATE OF COLORADO
TO THE CITY OF BROOMFIELD, COLORADO •
TO THE MAYOR AND CITY COUNCIL OF BROOMFIELD, COLORADO:
The undersigned, in accordance with the Municipal Annexation Act of 1965,
Part 1, Article 12, Title 31, Colorado Revised Statutes, as amended, hereby petition
the City Council of the City of Broomfield, Colorado, for the annexation of the
following described unincorporated territory located in the County of Weld, State of
Colorado, to-wit:
For legal description see Exhibit A attached hereto and incorporated herein by
reference.
In support of said Petition, your Petitioner alleges:
1 . It is desirable and necessary that the above-described unincorporated
territory be annexed to the City of Broomfield, Colorado.
2. The requirements of Section 31-12-104, C.R.S., as amended, exist or
have been met, to-wit:
a. Not less than one-sixth of the perimeter of the area proposed to
be annexed is contiguous with the City of Broomfield;
b. A community of interest exists between the area proposed to be
annexed and the City of Broomfield;
c. Said area is urban or will be urbanized in the near future; and
d. Said area is integrated with or is capable of being integrated with
the City of Broomfield.
3. The requirements of Section 31-12-105, C.R.S., as amended, exist or
have been met, to-wit:
a. In establishing the boundaries of the territory to be annexed, no
land held in identical ownership, whether consisting of one tract
or parcel of real estate or two or more contiguous tracts or parcels
of real estate, has been divided into separate parts or parcels
without the written consent of the landowners; and
•
Petition for Annexation 2
b. In establishing the boundaries of the area proposed to be annexed,
no land held in identical ownership, whether consisting of one
tract or parcel of real estate or two or more contiguous tracts or
parcels of real estate comprising 20 acres or more (which,
together with the buildings and improvements situated thereon
has a valuation for assessment in excess of two hundred
thousand dollars for ad valorem tax purposes for the year next
preceding the annexation) has been included without the written
consent of the landowners; and
c. That no annexation proceedings have been commenced for the
annexation of part or all of the subject property to another
municipality; and
d. The proposed annexation would not have the effect of extending
a municipal boundary more than three miles in any direction from
any point of such municipal boundary in any one year; and
e. If a portion of a platted street or alley is to be annexed, the entire
width of said street or alley is included within the area proposed
to be annexed.
4. Elda Mae Johnson, Elizabeth N. Doores, and Grant V. Niven are the
owners of the property described in Exhibit B attached hereto, excluding
public streets and alleys.
5. The mailing address of the Petitioner is as follows:
Grant V. Niven
1102 N.E. Forest
Topeka, KS. 66616
6. That the undersigned are the owners of one hundred percent of the
territory included in the area proposed to be annexed, exclusive of
streets and alleys.
•
7. The legal description of the property proposed to be annexed is attached
hereto and by reference made a part hereof.
8. As an express condition of annexation,
a. annexor consents to inclusion into the Northern Colorado Water
Conservancy District ("District") and the Municipal Subdistrict
Petition for Annexation 3
("Subdistrict"), Northern Colorado Water Conservancy District,
pursuant to Section 37-45-136 (3.6), C.R.S.
Annexor acknowledges that, upon inclusion into the District
and Subdistrict, annexor's property will be subject to the same
mill levies and special assessments as are levied or will be levied
on other similarly situated property in the District and Subdistrict
at the time of inclusion of annexor's lands. Annexor agrees to
waive any right to an election which may exist to require an
election pursuant to article X § 20 of the Colorado Constitution
before the District and Subdistrict can impose such mill levies and
special assessments as it has the authority to impose. Annexor
also agrees to waive, upon inclusion, any right which may exist to
a refund pursuant to article X, § 20 of the Colorado Constitution.
b. annexor agrees to fulfill all environmental compliance
requirements and other requirements established by the U.S.
Bureau of Reclamation and/or the Northern Colorado Water
Conservancy District for inclusion of lands into the District,
including but not limited to, the following:
1 . Surveys of potential impacts to threatened and
endangered species and related consultations with
the U.S. Fish and Wildlife Service;
2. Any and all studies that may be required by the U.S.
Army Corp of Engineers regarding Section 404
Permitting Concerns; and
3. Class Ill Cultural Resources Survey.
Annexor agrees that City shall be responsible for coordinating the
above-described environmental compliance requirements,
including the selection of consultants to undertake all required
studies, provided, however, that annexor shall be solely
responsible for payment of all costs of fulfilling the requirements
for the inclusion of its lands into the District.
c. annexor agrees to pay all back taxes levied by the Northern
Colorado Water Conservancy District against property at the time
of inclusion of annexor's lands into the District.
Petition for Annexation 4
Your petitioner further requests that the City of Broomfield, Colorado, approve
the annexation of the area proposed to be annexed.
Elda Mae Johnson
/k_ //!i.-Cwi-.-y--
Date /2 —3 -77
STATE OFC-0t$RADO )
ss.
COUNTY OF Lr e-e. r.._ )
The foregoing instrument was acknowledged before me this 3 1 day of
�� c , 1997, by Elda Mae Johnson
My commission expires L� -- l o- c•' i
Notary Public
ai 4 tiai,;.'r
Witness my hand and official seal. �O1, EfR/0>,i
*, any \'y
....e--,
'
*m PUmIC *'
^lF 10.i� ,
Petition for Annexation 5
Elizabeth N. Doores
Date �F:;;:..,f 1. /c; -
i
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this /si_ day of
71441./a,'. , 1997, by Elizabeth N. Doores
My commission expires gonna SEAL'
"`�air ss ad=
71
c-177/YCUf / '
Notary Public u
Witness my hand and official seal.
Petition for Annexation 6
Grant V. Niven
C ,- Cy . �
Date -tom / /t/
STATE OF COL-GRAM )
) ss.
COUNTY OF j -:A' , )
The foregoing instrument was acknowledged before me this TS/ \ day of
CO !h .¢ll j-1997, by Grant V. Niven
My commission expires iJ I .-( "IL'(
Caj .Y LikLe
c,_t.�(`�__ Notary Public'1 j
1,
Witness my hand and official seal. l
7
EXHIBIT A
ANNEXATION PETITION
Legal Description of the property to be annexed.
A parcel of land located in Sections 27 and 34, Township 1 North, Range 68 West of
the 6th Principal Meridian, County of Weld, State of Colorado, more particularly
described as follows:
The Southerly 30.00 feet of the Southeast One-Quarter of said Section 27 and the
Northeast One-Quarter of said Section 34, Township 1 North, Range 68 West of the
6th Principal Meridian, County of Weld, State of Colorado,
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
January 7, 1910 at Book 314, Page 300, Clerk and Recorders Office, County of Weld,
State of Colorado.
and
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
March 7, 1972 in Book 663, Reception Number 1585075, Clerk and Recorders Office,
County of Weld, State of Colorado.
and
EXCEPT existing Road Rights of Way for Interstate 25
Total acreage of the above described property is 147.8 acres (more or less)
Total perimeter is 10,167 feet
Required one-sixth contiguity is 1,695 feet
Total contiguous boundary is 5,083 feet
8
EXHIBIT B
ANNEXATION PETITION
Legal Description of the property owned.
A parcel of land located in Section 34, Township 1 North, Range 68 West of the 6th
Principal Meridian, County of Weld, State of Colorado, more particularly described as
follows:
The Northeast One-Quarter of said Section 34, Township 1 North, Range 68 West of
the 6th Principal Meridian, County of Weld, State of Colorado,
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
January 7, 1910 at Book 314, Page 300, Clerk and Recorders Office, County of Weld,
State of Colorado.
and
EXCEPT two tracts of land conveyed to the Department of Highways on May 27, 1957,
in Book 1478, Page 399, Clerk and Recorders Office, County of Weld, State of
Colorado.
and
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
March 7, 1972 in Book 663, Reception Number 1585075, Clerk and Recorders Office,
County of Weld, State of Colorado.
and
EXCEPT the North 30.00 feet Right of Way for Weld County Road Number 4, County
of Weld, State of Colorado.
Said parcel contains 139.0 acres (more or less).
NIVEN ET. AL. PROPERTY
ANNEXATION IMPACT REPORT
PROJECT: Annexation and Rezoning of the Niven et. al. property.
LOCATION: Northeast quarter of section 34, Ti N, R68W of the 6th P.M.
Approximately located west of Interstate 25, south of Weld County Road No. 4 and
north of State Highway No. 7.
IMPACT REPORT REQUIREMENTS:
A. A map or maps of the municipality and adjacent territory to show the following
information:
I. The present and proposed boundaries of the municipality in the vicinity of the
proposed annexation;
II. The present streets, major trunk water mains, sewer interceptors and outfalls,
other utility lines and ditches, and the proposed extension of such streets and
utility lines in the vicinity of the proposed annexation; and
III. The existing and proposed land use pattern in the areas to be annexed.
Please refer to the three exhibits at the end of this report.
B. A copy of any draft or final preannexation agreement, if available.
Please find a copy of the draft annexation agreement attached.
C. A statement setting forth the plans of the municipality for extending to or
otherwise providing for, within the area to be annexed, municipal services
performed by or on behalf of the municipality at the time of annexation.
The City of Broomfield will make available to the property all of the usual
municipal services in accordance with the ordinances and policies of the
City which include, but are not limited to, police protection, water and
sewer services.
D. A statement setting forth the method under which the municipality plans to
finance the extension of the municipal services into the area to be annexed.
The City of Broomfield will finance the extension of municipal services by
usual and customary means, including but not limited to, the General
Fund and Capital Improvements Program.
Niven et. at Property Annexation Impact Report Page 2
E. A statement identifying existing districts within the area to be annexed.
The following Weld County districts apply to the proposal:
• St. Vrain Valley School District RE-1J
• Mountain View Fire Protection District
• Tri-Area Ambulance
• Weld County Library
F. A statement on the effect of annexation upon local public school district systems,
including the estimated number of students generated and the capital
construction required to educate such students.
At the time of this annexation, no development proposal is being submitted for this
property. The proposal is for annexation and rezoning to PUD only. The existing City
of Broomfield Master Plan land use designations of Employment, Regional Commercial
and Open Space do not call for residential uses on this site. At this time it is not
anticipated that residential uses will be developed on this site and therefore no
expected school impacts are anticipated.
February 12, 1998
AN ANNEXATION AGREEMENT BY AND BETWEEN DRAFT
THE CITY OF BROOMFIELD AND
ELDA MAE JOHNSON, ELIZABETH N. DOORES, AND GRANT V. NIVEN
1.0 PARTIES. The parties to this Agreement are the City of BROOMFIELD, a Colorado
municipal corporation (City), and Elda Mae Johnson, Elizabeth N. Doores, and Grant V.
Niven (Annexor).
2.0 RECITALS.
2.1 The Annexor has filed an annexation petition with the City for the annexation
of the parcel of land described in Exhibit A (Property).
2.2 The parties desire to include in this Agreement certain provisions,
understandings, and agreements regarding the Property and its annexation to the City.
3.0 COVENANTS AND PROMISES. In consideration of the above cited premises and
the hereinafter mutual covenants and promises, the sufficiency of which is
acknowledged, the parties agree as follows:
3.1 The City waives all fees and costs related to the annexation of the Property
to the City.
3.2 The City will not require the Annexor to dedicate, transfer, or convey any of
the water rights to the City as a condition of the annexation of the Property.
3.3 The City will not require the Annexor to dedicate any of the Annexor's
Property for public use as a condition of annexation. If the use of the land is ever
changed from agricultural, the City may require the Annexor to dedicate some of the
Property for public use as a condition of platting and developing the Property.
3.4 The Annexor agrees that in the event the Annexor wishes to sell any water
rights appurtenant to the property, the City of BROOMFIELD will have a right of first
refusal to purchase the water rights at fair market value.
3.5 The Annexor has an express right to continue the use of the Property for
agricultural purposes until such time as the Property is developed.
3.6 The City shall take no action legal or otherwise, to prevent the Annexor
from voiding the annexation if the Annexor finds, after five years from the effective date
of annexation to the City of BROOMFIELD, that continuing to be in the corporate limits of
the City is not satisfactory. Upon written notice from the annexor of his intent to de-
annex from the City, the City shall cooperate in all respects and execute all documents
necessary to void the annexation.
1
4.0 ASSIGNMENT. This Agreement shall not be assigned by the Annexor without the
prior written consent of the City.
5.0 EXHIBITS. All exhibits referred to in this Agreement are by reference incorporated
herein for all purposes.
6.0 PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
the convenience and reference of the parties and are not intended in any way to define,
limit, or describe the scope or intent of this Agreement.
7.0 ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any
additional documents or take any additional action that is necessary to carry out this
Agreement.
8.0 INTEGRATION AND AMENDMENT. This Agreement represents the entire
agreement between the parties and there are no oral or collateral agreements or
understandings. This Agreement may be amended only by an instrument in writing
signed by the parties. If any other provision of this Agreement is held invalid or
unenforceable, no other provision shall be affected by such holding, and all of the
remaining provisions of this Agreement shall continue in full force and effect.
9.0 GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Colorado.
10.0 BINDING EFFECT. This Agreement shall inure to the benefit of and be binding
upon the parties and their respective legal representatives, successors, heirs, and
assigns, provided, however, that nothing in this paragraph shall be construed to permit
the assignment of this Agreement except as otherwise expressly authorized herein.
11.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in several
counterparts, each of which shall be deemed an original and all of which shall constitute
but one and the same instrument.
12.0 NO THIRD PARTY BENEFICIARIES. This Agreement is intended to describe the
rights and responsibilities only as to the parties hereto. This Agreement is not intended
and shall not be deemed to confer any rights on any person or entity not named as a
party hereto.
13.0 RECORDING. This Agreement shall be recorded with the Adams County Clerk and
Recorder.
14.0 NO PRESUMPTION. The parties to this agreement and their attorneys have had a
full opportunity to review and participate in the drafting of the final form of this
Agreement. Accordingly, this Agreement shall be construed without regard to any
presumption or other rule of construction against the party causing the Agreement to be
drafted.
2
DATE: , 1998.
CITY OF BROOMFIELD
a Colorado municipal corporation
Mayor
ATTEST: APPROVED AS TO FORM
City Clerk City Attorney
ANNEXOR
Elda Mae rt'son, liza th N. Doores, and Grant V. Niven, owners
614
Gran Niven (By Po of Attorney)
STATE OF Ks
) ss.
COUNTY OF S N
The foregoing instrument was acknowledged before me this 13 day of
Let cr y , 1998, by Grant V. Niven, Power of Attorney, as owner.
My commission expires: CH Li "ct g
WITNESS my hand and official seal.
t ,
t- rw e `i 3 K ,i ,'„a .
N , , Rv PUBLIC ,_ \ a - '{ to K- YYY-1iACT(
g SEALf . .>z »m Notary Public
EXHIBIT A
ANNEXATION PETITION
Legal Description of the property to be annexed.
A parcel of land located in Sections 27 and 34, Township 1 North, Range 68 West of
the 6th Principal Meridian, County of Weld, State of Colorado, more particularly
described as follows:
The Southerly 30.00 feet of the Southeast One-Quarter of said Section 27 and the
Northeast One-Quarter of said Section 34, Township 1 North, Range 68 West of the
6th Principal Meridian, County of Weld, State of Colorado,
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
January 7, 1910 at Book 314, Page 300, Clerk and Recorders Office, County of Weld,
State of Colorado.
and
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
March 7, 1972 in Book 663, Reception Number 1585075, Clerk and Recorders Office,
County of Weld, State of Colorado.
and
EXCEPT existing Road Rights of Way for Interstate 25
Total acreage of the above described property is 147.8 acres (more or less)
Total perimeter is 10,167 feet
Required one-sixth contiguity is 1,695 feet
Total contiguous boundary is 5,083 feet
4
EXHIBIT B
ANNEXATION PETITION
Legal Description of the property owned.
A parcel of land located in Section 34, Township 1 North, Range 68 West of the 6th
Principal Meridian, County of Weld, State of Colorado, more particularly described as
follows:
The Northeast One-Quarter of said Section 34, Township 1 North, Range 68 West of
the 6th Principal Meridian, County of Weld, State of Colorado,
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
January 7, 1910 at Book 314, Page 300, Clerk and Recorders Office, County of Weld,
State of Colorado.
and
EXCEPT two tracts of land conveyed to the Department of Highways on May 27, 1957,
in Book 1478, Page 399, Clerk and Recorders Office, County of Weld, State of
Colorado.
and
EXCEPT a tract of land conveyed to the Farmers Reservoir and Irrigation Company on
March 7, 1972 in Book 663, Reception Number 1585075, Clerk and Recorders Office,
County of Weld, State of Colorado.
and
EXCEPT the North 30.00 feet Right of Way for Weld County Road Number 4, County
of Weld, State of Colorado.
Said parcel contains 139.0 acres (more or less).
5
26
PROPOSED
ANNEXATION
1
in
N
w ,
.-• 0
Z CC
EXISTING >-
c BROOMFIELD ~
o O CITY LIMITS 35
31-17_ 1 D 34 \
Z -J
0 r-1 W COON w
I U
C i .k �\
-J
W
. 168TH AVE. In 'a0 COUNTY
""
ADAMS COUNTY its
7 (-7'
�O, ,WELD COUNTY
a N -1 , ' T 2
Z
o _
cc
.� •
7 *
SB - 45 ANNEXATION IMPACT REPORT
PRESENT AND PROPOSED BOUNDARIES OF THE
MUNICIPALITY IN THE VICINITY OF THE
PROPOSED ANNEXATION
PRESENT STREETS,AND THE PROPOSED
EXTENSION OF SUCH STREETS IN THE VICINITY
OF THE PROPOSED ANNEXATION.
EXISTING AND PROPOSED LAND USE PATTERN a D
IN THE AREAS TO BE ANNEXED
EXISTING LAND USE:AGRICULTURE
PROPOSED LAND USE:AGRICULTURE 1000 4000
EXISTING ZONING:WELD COUNTY A !MilleilMil
PROPOSED ZONING:BROOMFIELD PUD
0 2000
FEBRUARY 13, 1998
GM-NIVEN1.D\G 1 OF3
w
l - - - - o ANNEOSEO�I
¢ o .
I- % / 35
DE
31 32 }1 ,- 3
r I- 2i
1
+{
O U O
I Co)
U
I
O
O w
S
i___. w. 168TH AVE. (COLO.S.H.7) Inn COMM —
g I I/.
t) gi 6 5 I t Z - —
g '
r.I=
i 1W WA ce
CII �T I I T 1
f I i a
i�
i
r --
N.
- 71)- --- ---- -- ----- N
F.— / l � `
V III I it
- -
I
I^ I 2N
- -
'L wI �_
1: 1 1 Z I6 r 5
In
1 ' ATER N' w-. w
i
• SB - 45 ANNEXATION IMPACT REPORT
MAJOR TRUNK WATER LINES,AND THE PROPOSED
EXTENSION OF SUCH UTILITY LINES IN THE
VICINITY OF THE PROPOSED ANNEXATION.
WATER SERVICE SYSTEM LEGEND:
ct FIRE HYDRANT
-e- VALVE a
-o BLOWOFF (B.0.)
---- CARTER LAKE RAW WATER
B.V. BUTTERFLY VALVE
R.H.V. RIGHT HAND VALVE 1000 4000
A.V. AIR VALVE
NOTE
ALL WATERLINES ARE 6' UNLESS OTHERWISE NOTED. 0 20
0
0
GM-NI V EN2.DWG 2 OF 3 FEBRUARY 13. 1998
26 25
PROPOSED _
ANNEXATION
1 \ \\.\
I
A i EXISTING PROPOSED NDRTHG
WASTE WATER SEWER w PLANT 33
34 35
30' I r O
f J JI e
4 ,� ` I z PROPOSED
Li 2T FORCE MAIN
s e /
r
U
HELD COUNTY TIN uC"efc _
i mi-Smil
-- ADAMS COUNTY 119— — PROPOSED
IS" se S LIFT STATION 'wrc N
I- -
_ 2 wm.K
F■Th %Pi me
¢ _ ' 1 71
E
I.
I
5{
1 i_.___
,� r wm.K. .mn
_ JJJ � v[fe<oSnT
SB - 45 ANNEXATION IMPACT REPORT
PRESENT SEWER INTERCEPTORS AND OUTFALLS
AND THE PROPOSED EXTENSION OF SUCH
UTILITY LINES IN THE VICINITY OF THE
PROPOSED ANNEXATION.
SANITARY SEWER SYSTEM LEGEND:
O MANHOLE <15
DIRECTION OF FLOW
I LIFT STATION
- - - FORCE MAIN
1000 4000
• VALVE
NOTE:
ALL SANITARY SEWER LINES ARE 8"
UNLESS OTHERWISE NOTED. 0 2000
FEBRUARY 13. 1998
GM-NIVEN3,DWG 30F3
Hello