HomeMy WebLinkAbout972546.tiffNovember 3, 1997
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Dear Commissioners:
In accordance with 31-12-109(2), C.R.S., as amended, the City of Evans hereby gives you notice,
as set forth in the attachments, that the City of Evans on December 2, 1997 shall hold a hearing
pursuant to 31-12-108(1) to determine whether the following described territory is eligible for
annexation into the City of Evans.
You may recognize this material, this is the second time this same property is being petitioned for
annexation. So if you would like to submit the same or different comments please do so by
November 21, 1997. If you have any questions not answered by the enclosed information, please
feel free to contact me at 339-5344.
Sincerely,
Elizabeth Relford
Planner
Attachments
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3700 Golden Street • Evans, Colorado 80620-2724 • (970) 339-5344 • FAX: (970)
972546
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 2nd day of December, 1997 at 7:30 P.M., held at
the City Hall Council Chambers, 3700 Golden Street, Evans, CO, at which time and place they
will consider and act upon the application for annexation of this parcel of property to the City of
Evans. The following property described as:
That portion of the East Half of Section 26 and the West Half of Section 25, both in Township 5
North, Range 66 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the Fast line of the Northwest Quarter of said Section 25 as bearing South 00'19'27"
East and with all bearings contained herein relative thereto.
Commencing at the North Quarter Corner of said Section 25; along said East line of the Northwest
Quarter South 00'19'27" East 30.00 feet to the True Point of Beginning, said True Point of Beginning
being on the South line of the Frontier Annexations to the City of Evans; thence continuing along said
East line of the Northwest Quarter, South 00'19'27" East 2590.36 feet to the Center Quarter Corner
of said Section 25; thence along the East line of the Southwest Quarter of said Section 25, South
00°17'55" East 1379.64 feet to the North line of that certain parcel of land as described in Deed
recorded on May 24, 1947 in Book 1204, Page 409, records of said County; thence along said North
line and it's Westerly prolongation South 89°15'18" West 2704.46 feet to the West right-of-way line
of 35th Avenue; thence along said West right-of-way line the following four courses and distances:
1) North 00°06'24" West 1420.05 feet;
2) North 00°07'01" West 185.01 feet;
3) South 89°52'59" West 20.44 feet;
4) North 00°07'01" West 2373.51 feet
to the South line of the Frontier Annexation to the City of Evans; thence along said South line North
89°15'08" East 1080.13 feet to the Northerly prolongation of the West line of that certain parcel of
land as described in Deed recorded in Book 1111, Reception No. 02051901, records of said County;
thence along said West line and it's Northerly prolongation and the South and East lines and the
Northerly prolongation of said East line, the following five courses and distances:
1) South 00°59'52" East 496.65 feet;
2) North 88°48'32" East 256.82 feet;
3) North 00°35'57" West 303.67 feet;
4) North 10°14'30" East 80.30 feet;
5) North 04'26'03" East 111.58 feet
to said South line of the Frontier Annexations; thence along said South line North 89°15'06" East
1325.59 feet to the True Point of Beginning. Containing 244.221 acres, more or less.
Vicinity: The Southeast corner of 35th Ave. & 37th St.
All persons being interested in this matter may be present and heard.
Kim Betz
City Clerk
City of Evans
Published in the Greeley Tribune October 29, 1997 every Wednesday for 4 consecutive weeks.
CITY OF EVANS
RESOLUTION NO. 40-1997
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS FOR THE ANDERSON ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation map, was hereto
for filed with the City Clerk requesting the annexation of certain property to be known as the
Anderson Annexation, more particularly described in the County of Weld, State of Colorado, 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 1. 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 be held
on the 2nd day of December , 1997, in the City Council Chambers of the City of Evans, 3700
Golden 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 this Resolution and the petition for
annexation to the Clerk to 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 frill force and effect upon its passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Council of the City of
Evans on this _ 21st day of October , 1997.
ATTEST: CITY OF EVANS, COLORADO
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BY
City Clerk �� Mayor
Exhibit A
LEGAL DESCRIPTION
That portion of Section 25 and the East Half of Section 26, both in
Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado,
described as follows:
Considering the East line of the Northwest Quarter of said Section 25 as
bearing South 00°19'27" East and with all bearings contained herein
relative thereto.
Commencing at the North Quarter Corner of said Section 25; thence along
said East line of the Northwest Quarter South 00°19'27" East 30.00 feet
to the True Point of Beginning, said True Point of Beginning being on
the South line of the Frontier Annexations to the City of Evans; thence
along said South line of the Frontier Annexations North 89°15'06" East
30.00 feet to a line that is parallel with and East of (measured at
right angles) the East line of the West Half of said Section 25; thence
along said parallel line South 00°19'27" East 2590.50 feet and again
South 00°17' 55" East 1379.41 feet to the Easterly prolongation of the
North line of that certain parcel of land as described in Deed recorded
on May 24, 1947 in Book 1204, Page 409, records of said county; thence
along said Easterly prolongation and North line and it's Westerly
prolongation South 89°15'18" West 2704.46 feet; thence continuing along
said East line of the Northwest Quarter South 00°19' 27" East 2590.36
feet to the Center Quarter Corner of said Section 25; thence along the
East line of the Southwest Quarter of said Section 25, South 00°17' 55"
East 1379.64 feet to the North line of that certain parcel of land as
described in Deed recorded on May 24, 1947 in Book 1204, Page 409,
records of said county; thence along said North line and it's Westerly
prolongation South 89°15' 18" West 2704.46 feet to the West right-of-way
line of 35th Avenue; thence along said West right-of-way line the
following four courses and distances:
1) North 00°06' 24" West 1420.05 feet;
2) North 00°07' 01" West 185.01 feet;
3) South 89°52' 59" West 20.44 feet;
4) North 00°07' 01" West 2373.51 feet
to the South line of the Frontier Annexations to the City of Evans;
thence along said South line North 89°15'08" East 1080.13 feet to the
Northerly prolongation of the West line of that certain parcel of land
as described in Deed recorded in Book 1111, Reception No. 02051901,
records of said County; thence along said West line and it's Northerly
prolongation and the South and East lines and the Northerly prolongation
of said East line, the following five courses and distances:
1) South 00°59' 52" East 496.65 feet;
2) North 88°48' 32" East 256.82 feet;
3) North 00°35' 57" West 303.67 feet;
4) North 10°14' 30" East 80.30 feet;
5) North 04°26' 03" East 111.58 feet
to said South line of the Frontier Annexations; thence along said South
line North 89°15'06" East 1325.59 feet to the True Point of Beginning.
Containing 244.221 acres, more or less.
CITY OF EVANS
37OO GOLDEN STREET
EVANS, COLORADO 80620
970-339-5344
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 Anderson Property,
and in support of said Petition, your petitioners allege that:
1) It is desirable and necessary that the following described territory be annexed to
the City of Evans; see attached legal description.
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 ofEvans, Colorado;
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 REPORT AS
PROVIDED FOR IN SECTION 31-12-108.5, CRS, AS AMENDED.) (MORE
THAN TEN ACRES AND AN IMPACT REPORT AS PROVIDED FOR IN
SECTION 31-12-108.5, CRS, AS AMENDED, IS REQUIRED.) (TEN ACRES
OR FEWER AND AN IMPACT REPORT AS PROVIDED FOR 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: see attached Certificate of Taxes Due.
Water Districts
Sanitation District
Fire District
School District
Recreation District
Library District
Ambulance District
Jr. College District
Other
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 the
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 created
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)
x 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.
Oct. -16-97 Ot3:32A Pat Roche
9703567646 P_07
Petition for Annexation
Page 4
PEPITiON FOR ANNEXATION
Executed this , _Day of
Atfrintg4a6141416ar)
Address
Name
Address
Address
Name
Address
The foregoing instrument vvaA acknowledged before me this
()Jo An 1 7 .
W t)ess my hand and official seal. My commission expires
NotaryPub!io
17
t 319 .
day of
Office Uic Only
Date Received Signed
Fees:
COMMITMENT FOR TITLE INSURANCE
* • a * *
SCHEDULE A "CONTINUED"
RE: Our Order No.: TQ41113
Lots 1, 3 and 4, inclusive, of the NE 1/4 of the NW 1/4;
Lots 1 tO 4, inclusive, of the SE 1/4 of the NW 1/4;
Lots 2 to 5, inclusive, of the West 1/2 of the NW 1/4;
Lots 1 to 4, inclusive, of the NE 1/4 of the SW 1/4;
Lots 1 to 4, inclusive, of the SE 1/4 of the SW 1/4;
Lots 1 to 5, inclusive, of the West 1/2 of the SW 1/4;
according to the subdivision of lands by the St. Louis Western Colony;
and Lot 2, Replat of Lot 1 of the West 1/2 of the NW 1/4, and Lot 2 of the NE
1/4 of the NW 1/4;
all of the above comprising the entire West 1/2 of Section 25, Township 5
North, Range 66 West of the 6th P.M., Weld County, Colorado;
EXCEPTING THEREFROM the following described tracts of land:
1) That property conveyed to The Denver, Laramie and Northwestern Railway
Company by instrument recorded August 26, 1909 in Book 310 at Page 74;
2) That property conveyed to A. J. Campbell by instrument recorded May 24,
1947 in Book 1204 at Page 409;
3) That property conveyed to William L. Smith and Pauline J. Smith by
instrument recorded April 30, 1986 in Book 1111 as Reception No. 2051901.
Report Date: 06/26/97 12:59PM
WELD COUNTY TREASURER Page: 1
CERTIFICATE OF TAXES DUE CERT #: 5962
ORDER NO: 41113
VENDOR NO:13
WELD COUNTY TITLE
1221 8TH AVE
GREELEY CO 80631
LEGAL DESCRIPTION:
17663 W2 25 5 66 EXC LI R 2 REPLAT ALSO EXC LI THRU 4 SE4SW4 & S2 L3 ALL L4.5 IN SW4SW4
EXC UND NT OG&M (4R)
PARCEL: 095925000055 SITUS ADD:
TAX YEAR CHARGE
TOTAL TAXES
SCHEDULE NO: R0087587
ASSESSED TO:
ANDERSON ANDERS W
1140 MINUTEMAN STREET
BILLINGS, MT 591052248
TAX AMOUNT
INT AMOUNT ADV,PEN,MISC TOTAL DUE
0.00
TAX YEAR ASSESSMENT
TOTAL ASMT
TAX YEAR TAX LIEN
TOTAL CERT
GRAND TOTAL DUE GOOD THROUGH 06/26/97
ORIGINAL TAX BILLING FOR 1996
Authority
WELD COUNTY
SCHOOL DIST #6
NCW WATER
LASALLE FIRE
AIMS JUNIOR COL
WELD LIBRARY
WEST GREELEY SOIL
ASMT AMOUNT INT AMOUNT ADV,PEN,MISC
TOTAL DUE
0.00
TLS AMOUNT INT AMOUNT
REDEMPT FEE • TOTAL DUE
0.00
0.00
Mill Levy
22.038
53.725
1.000
4.221
6.249
1.500
0.296
Amount
431.72
1,052.47
19.59
82.69
122.42
29.39
5.80
89.029 1,744.08
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE au) AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1,
REAL PROPERTY- OCTOBER I. U.S REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK -
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate schedule number, personal property taxes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments of
mobile homes, unless specifically mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and
all outstanding sales for unpaid taxes as shown by the records in my office from which the same may stil beC �redeemed with the
amount required for redemption are as noted herein. In witness whereof, I have hereunto set my han rid / t6
TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY
Report Date: 06/26/97 01:00PM
WELD COUNTY TREASURER
CERTIFICATE OF TAXES DUE
Page: 1
CERT #: 5963 -
ORDER NO: 41113
VENDOR NO:13
WELD COUNTY TITLE
1221 8TH AVE
GREELEY CO 80631
LEGAL DESCRIPTION:
17663-B L2 REPLAT OF LI LYING IN W2NW4 & L2 LYING IN NE4NW4 25 5 66
PARCEL: 095925000053 SITUS ADD:
TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
0.00
SCHEDULE NO: R0087687
ASSESSED TO:
ANDERSON ANDERS W
1140 MINUTEMAN ST
BILLINGS, MT 591052248
TOTAL TAXES
TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE
0.00
TOTAL ASMT
TAX YEAR TAX LIEN # TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE
TOTAL CERT • 0.00
GRAND TOTAL DUE GOOD THROUGH 06/26/97 0.00
ORIGINAL TAX BILLING FOR 1996
Authority
WELD COUNTY
SCHOOL DIST #6
NCW WATER
LASALLE FIRE
AIMS JUNIOR COL
WELD LIBRARY
WEST GREELEY SOIL
Mill Levy
22.033
53.725
1.000
4.221
6.249
1.500
0.296
Amount
45.39
110.67
2.06
8.70
12.88
3.09
0.61
89.029 183.40
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE (TLS) AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURERS OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER I,
REAL PROPERTY - OCTOBER 1. TLS REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate schedule number, personal property taxes,
transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments of
mobile homes, unless specifically mentioned.
I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described p Is of re a •roperty and
all outstanding sales for unpaid taxes as shown by the records in my office from which the same
amount required for redemption arc as noted herein. In witness whereof, I have hereunto set
TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY
SEE OETAI
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REPLAT OF LOT 1 LYING IN
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ANGERS ANOERSON
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246 955 ACRES
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I
ANDERSON ANNEXATION
IMPACT REPORT
November, 1997
This proposed Annexation to the City of Evans contains ±246 acres. The vicinity of the Anderson
Annexation is directly southeast of the City of Evans city limits along the southeast corner of 37th
Street and 35th Avenue.
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 is a map showing the vicinity of the Anderson Annexation, "Exhibit A". The existing
city limit lines are dashed with the new limit lines shown by a solid line.
The City of Evans water and sewer utilities are represented in "Exhibit B." Other utilities can be
extended into easements dedicated in the new subdivision.
Section 2 - Pre -annexation Agreement
An annexation agreement is being negotiated. A draft of the most recent agreement is included in
the packet as "Exhibit C".
Section 3 - Providing Municipal Services/Infrastructure improvements
The owner's of the property being annexed are proposing the development of 940 single family
lots, with some commercial development at the intersection of 35th Avenue and 37th. Build out
of this development is estimated to take around ten years.
The existing water mains in 37th Street and 35th Avenue belong to the City of Greeley and
Central Weld Water District. These mains are inadequate to serve the needs of this development,
therefore, it is the developer's responsibility to extend adequate water services for fire protection
and potable water needs from approximately the 3200 block of 35th Avenue.
An existing sewer main can be extended along 37th Street from the east to the northeast corner of
the proposed development. For the balance of the development a new main will need to be
extended south to the Hill -N -Park Sanitation District lagoons. Extension of all sewer mains will
be the responsibility of the developer. Please refer to "Exhibit B" representing the vicinity of
sewer service.
The Hill -N -Park lagoons are currently at 80-85% capacity. The City of Evans has recently
entered into an agreement with the Hill -N -Park Sanitation District regarding maintenance of the
plant and collection system, and are analyzing the situation to increase capacity of the lagoons.
By the time this subdivision reaches full build out, the Hill -N -Park Sanitation District will 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 be reviewing proposed plans related to these items to
ensure safe, adequate facilities and improvements are installed.
The City intends to provide police services to the property by utilizing the present police
capability, which can provide protection at an adequate level for the first 1-1'h years of
development. Over time additional police staffing will be necessary.
Fire protection will be provided by the City of Evans Fire Department. The fire department will
be active in the stages of development for safety standards.
The designated park areas will be the developer's responsibility. Parks dedicated to the City will
be developed from park fees collected from each building permit. The oil and gas well heads
along with the tank batteries and separators in compliance with the 150' or 300' setback radius are
being designated for open space.
Section 4 - Financing Extension of Municipal Services
All of the services provided by the City will be financed through the existing sources of revenues,
which will apply to the new area as well, including property, sales, and franchise taxes, water,
sewer, and sanitation fees.
The commercial impact to the City of Evans is unavailable because it is unknown what type of
business will occur there. The northern portion of the property will consist of commercial and
residential development (single family dwellings). The southern portion of the property shall be
constructed as land lease agreement.
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
School District #6
Northern Colorado Water Conservancy District
LaSalle Fire District
AIMS Junior College
Weld Library
West Greeley Soil
Section 6 - Local Public School District Impact
Comments towards this annexation remain the same, an increase in residential units creates a need
for more schools.
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EXHIBIT C
ANNEXATION AGREEMENT
ANDERSON ANNEXATION
This agreement made and entered into this day of , 19 , by and
between , hereinafter referred to as "Annexor",
and the CITY OF EVANS, a Municipal Corporation hereinafter referred to as "City".
WHEREAS, ANNEXOR, is the owner of property described in Exhibit "A", attached hereto
the "property", and has filed a petition to annex the property to the CITY; and
WHEREAS, the parties mutually agree pursuant to City Code that the annexation of the
property to the CITY shall not create any additional costs or impose additional burden on existing
residents of the CITY to provide public facilities and services to the property after annexation.
In consideration of the foregoing premises and the covenants, promises and agreements of
each of the parties hereto, to be kept and performed by each of them, it is agreed:
WATER
ANNEXOR shall be responsible for the total cost of construction and placement of all new
water mains to ANNEXOR'S property and within the development itself. The ANNEXOR shall
dedicate water rights as required by Ordinance No. 1043-97. According to Ordinance No. 1000-96,
ANNEXOR may negotiate reimbursement for the cost of extension of water services. Such water
mains must be sized and built to the CITY'S standards. ANNEXOR agrees to dedicate all necessary
unobstructed rights -of -way for utility easements needed for water lines to serve the area described
herein. The parties mutually agree that ANNEXOR shall design and install water lines and fire
hydrants within the lands described herein in accordance with the CITY'S standards and
specifications, subject to approval of the Public Works Director and Fire Department. It is expressly
understood that the CITY may be unable to provide fire protection to any of the annexed land prior
to the installation of required fire hydrants. ANNEXOR will dedicate all water lines under warranty
to the CITY.
ANNEXOR has the opportunity to utilize the City of Evans ditch water for use in the
residential PUD. ANNEXOR shall be responsible for cost associated with transferring water from
the Evans ditch to this property.
SEWER
Most of the proposed development will be serviced by the Hill -N -Park Sanitation District.
The northeast corner of the development will be serviced from a sewer main that can be extended
along 37th Street. ANNEXOR shall be responsible for the total cost of construction and placement
of all new sewer mains to the ANNEXOR'S property and within the development itself, and will
dedicate the sewer lines with a warranty to the CITY. According to Ordinance No. 1000-96,
ANNEXOR may negotiate reimbursement for the cost to extend sewer services. ANNEXOR agrees
to dedicate all necessary unobstructed rights -of -way for utility easements needed for sewer lines to
serve the area described herein.
Page 1 of 4
STREETS
ANNEXOR shall dedicated all rights -of -way for public streets, for the full width thereof, as
required by the CITY code of the City of Evans, and design and fully improve to CITY standards all
public streets within the property, and up to one-half of all streets lying on the exterior boundaries
of the property(excluding arterial streets), with a warranty and without cost to CITY. Once
accepted, the streets will be maintained by the City of Evans.
ANNEXOR shall provide for the construction of arterial streets to include two lanes of paved
roadway, curb, gutter and sidewalk. The complete construction of arterial streets shall occur when
traffic warrants. A traffic study for the proposed development shall be completed by the ANNEXOR
in accordance with CITY requirements.
DRAINAGE
The ANNEXOR shall conduct a drainage study for the entire Anderson Annexation.
ANNEXOR shall design and construct storm drainage facilities within the property. Facilities
addressing drainage outside the property will be determined from quantities in excess amounts of
those historically discharged from the site, these facilities will be developed in conformance with the
drainage master plan and other regulations and ordinances of the CITY. Improvements
recommended by such study shall be completed at the time of completion of each phase of
development. All storm drainage improvements will be approved and inspected by the Public Works
Director and built in accordance to the CITY'S building and construction standards. ANNEXOR
will provide all rights -of -way, drainage easements, park and detention pond areas, storm drainage
collection systems and the dedication of the lines under warranty.
PUBLIC LAND DEDICATION
The ANNEXOR shall provide open space as required by the existing ordinance which is in
effect at the time of annexation, and any additional open space is at the option of the ANNEXOR.
ZONING AND DESIGN
ANNEXOR and the CITY shall mutually agree upon a conceptual land use plan. It is the
developer's intent to develop and zone the property in accordance with the conceptual plan as shown
in "Exhibit A". This provision does not waive the authority of the ANNEXOR or of the City of
Evans to initiate rezoning of land in accordance with the Charter and Ordinances of the City of Evans.
Land use is subject to the police power and legislative authority of the City of Evans.
ANNEXOR agrees that 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. Nothing herein shall constitute a permanent
vesting of zoning.
Page 2 of 4
GENERAL PROVISIONS
A. This agreement shall be recorded with the Clerk and Recorder of Weld County Colorado, shall
run with the land, and shall be binding upon and inure to the benefit of the heirs, successors and
assignees to the parties hereto. ANNEXOR shall notify the CITY of assignments and the
names of the assignees.
B. Nothing contained in this 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
shall this agreement prohibit the enactment by the City of any fee which is of uniform or general
application.
C. No right or remedy of disconnection of the described property from the CITY shall accrue with
this agreement, other than that provided under Colorado Revised Statutes. In the event the
property, or any portion thereof, is disconnected at the ANNEXOR' S request, the CITY shall
have no obligation to serve the disconnected property and this agreement shall be void and of
no further force and effect as to such property.
D. It is understood and agreed by the parties hereto, that if any part, term, or provision of this
agreement is by the courts 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 be construed and enforced as if the agreement did not
contain that particular part, term, or provision held to be invalid.
E. This agreement comprises the whole agreement of the parties. There are no promises, terms,
conditions, or obligations other than those contained herein and under the ordinances of the
City of Evans; this agreement shall supersede all previous communications, representations, or
agreements, either verbal or written, between the parties hereto. There shall be no modification
of this agreement except in writing, executed with the same formalities as this agreement may
be enforced in any court of competent jurisdiction.
F. This agreement is between the CITY and the ANNEXOR for the development of the Anderson
Annexation. All commitments and obligations of the ANNEXOR shall be assumed by the
Developer upon transference of ownership of the Anderson property to the Developer.
Developer's attorney shall review this agreement prior to submittal to Evans City Council.
G. ANNEXOR shall agree to petition out of the LaSalle Fire Protection District.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to
place their hands and seals upon this agreement dated this year first above.
Page 3 of 4
CITY OF EVANS, COLORADO
By:
Mayor
ATTEST:
City Clerk
ANNEXOR:
By:
Date:
Page 4 of 4
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