HomeMy WebLinkAbout991504.tiff ao�F�o��a The City of —
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COLORADO
February 4, 1999
Clerk to the Board of County Commissioners
915 10th Street
Greeley, CO 80631
Re: Proposed Mantel South Annexation
To whom it may concern:
In accordance with 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 March 2, 1999 to determine
whether the enclosed described territory is eligible for annexation to the City of Evans.
The proposed annexation is located at the northwest corner of 37th Street and 35th Avenue, and
is referred to as the Mantel South Annexation. If you have any questions or comments please
contact me at 339-5344 ext. 112 by February 22, 1999.
Respectfully,
(emu {/X  C�
Elizabeth Relford
Planner
Enclosed
Cr 1l y id\� pc FCC/ CA, &n /lz
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970 991504
The City of
CITY OF EVANSRADO
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 Mantel South Annexation
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 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 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:
Water Districts NCW Water —
Sanitation District
Fire District Western Hills Fire District
School District School District 6
Recreation District
Library District Weld County Library
Ambulance District
Jr. College District Aims Con nunity College
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,
h) 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
Petition for Annexation
Page 4
PETITION FOR ANNEXATION
Executed tthis 16 It- Day of , 19
Ee �
Name Charline F. Mantel Name Jeffrey J. Hubbell
4275 South Forest Court 2405 Bee Ridge Road
Englewood. Colorado 80110 Columbia. South Carolina 29223
Address Address
Name Name
UMB BANK COLORADO
6900 East Hampden Ave.
Denver,Colorado 80224
Address Address
De foregoing instrument was acknowledged before me this ic5-4-1'1 day of
AtO bt Ae--Y , A.D. 19 gam.
Wit my hand and official seal. My commission expires _ArrytomagssionExplresaw.18,2002
Notary Public
******************************************************************************
Office Use Only
Date Received Signed
Fees:
TROPFRTY DESCRIPTION
Mantel South Annexation
A parcel of land being part of the Southeast Quarter(SE1/4)of Section Twenty-three(23),
Township Five North(T.5N.).Range Sixty-six West(R.66W.)of the Sixth Principal Meridian
(6th P.M.),County of Weld,State of Colorado and being more particularly described as follows:
BEGINNING at the Southeast Comer of said Section 23 and assuming the East line of said
SEI/4 as bearing North 00°16'02"West a distance of 2653.80 feet with all other bearings
contained herein relative thereto:
THENCE North 00°1602"West along said East line a distance of 18310 feet to the intersection
with the Easterly extension of the Northerly Right-Of-Way(ROW)line of the existing 37th
Street;
THENCE North 89°46'05"West along said Easterly extension a distance of 52.06 feet to the
intersection of the Northerly ROW line of the existing 37th Street and the Westerly ROW line of
the existing 35th Avenue. Said point being the TRUE POINT OF BEGINNING:
THENCE continuing North 89°46'05"West along said Northerly ROW line a distance of
3261.52 feet to the West line of said SE1/4;
THENCE North 00°01"36"West along said West line a distance of 2600.82 feet to the Center
Quarter Corner of said Section 23;
THENCE South 87°30'41"East along the North line of said SEl/4 a distance of 2749.53 feet to
the West line of those parcels of land as recorded March 18, 1987 in Book 1149 as Reception
Number 2092157 and 2092158 of the records of the Weld County Clerk and Recorder(WCCR):
Thence along the Westerly and Southerly lines of the aforesaid parcels of land by the following
Two(2)courses and distances:THENCE South 00°19'36"East adistance of63.33 feet;
THENCE North 89°43'53"East a distance 484.82 feet of the Westerly ROW line of the said
existing 35th Avenue;
TI4ENCE South 00°43'13"East along said Westerly ROW line a distance of 2433.78 feet to the
TRUE POINT OF BEGINNING.
Said described parcel of land contains 188.496 Acres,more or less(a)and is subject to any
rights-of-way or other casements as granted or reserved by instruments of record or as now
existing on said described parcel of land.
SURVEYOR'S CERTIFICATE
I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is
true and correct to the best of my knowledge,information,belief,and in my professional
opinion. _
�•
Charles B.Jones i 2209: �.13
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Colorado Registered Pro,*a al •Cia) • / / —
Land Surveyor W22098 '•'-'•4(""•LA'AD_=
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970)686-5011
Project Number. 98296 (December 31, 1998)
(File anx-slgl.tXO
MANTEL SOUTH ANNEXATION
IMPACT REPORT
February, 1999
This proposed Annexation to the City of Evans contains±188 acres. The Mantel South
Annexation is directly northwest of the city limits at the northwest 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 of the City of Evans.
Section 1 -Maps and Utilities
Enclosed as"Exhibit A" is a map showing the vicinity of the Mantel South Annexation. 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 are 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 included in
the packet as "Exhibit C".
Section 3 - Providing Municipal Services/Infrastructure improvements
The proposed annexation includes a combination of residential and commercial development
consisting of approximately 740 units over±188 acres. The residential units include±360 single
family lots, ±380 multifamily units, with about 20 acres of commercial development proposed at
the intersection of 37th Street and 35th Avenue. 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. The owner's of the
Anderson property, which is within Evans city limits and located southeast of the Mantel
property, are currently in the process of designing water & sewer mains which will extend along
35th Avenue. These facilities would adequately serve the Mantel property.
1
Developer's of the Mantel property will need to make the necessary connections with the
proposed sewer main along 35th Avenue. A new sanitary sewer main will need to be constructed
along 37th Street to tie in with the proposed sewer main for Hunter's Reserve Subdivision along
35th Avenue, which shall extend 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 City of Evans has recently entered into a contract with the Hill-N-Park Sanitation District
regarding operation and maintenance of the plant and collection system, and are analyzing the
facility 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 review 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.
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. Currently, the Evans Volunteer Fire Department has adequate
resources to provide fire protection services.
Unless otherwise state, 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. Any
oil and gas well heads, tank batteries, separators and related appurtenances on this property must
comply with the current City of Evans regulations to such activities.
Section 4 -Financing Extension of Municipal Services
All of the services provided by the City will be financed through existing sources of revenue.
These sources will also apply to the Mantel property, 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 type of
development will occur.
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.
2
Weld County Commissioners
School District#6
Northern Colorado Water Conservancy District
Western Hulls Fire District
AIMS Junior College
Weld County Library
Section 6-Local Public School District Impact
The school district recognizes that an increase in residential units creates a need for more schools.
Currently, the city is assisting the school district to locate a potential elementary school site in
Evans Growth area in an attempt to address the school districts growth concerns.
3
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CITY OF EVANS, COLORADO
RESOLUTION NO. 7-1999
FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR THE MANTEL SOUTH 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 Mantel
South 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 March, 1999, in the City Council Chambers of the City of Evans, 1100 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 adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Evans on this 19th day of January , 1999.
ATTEST: CITY OF EVANS, COLORADO
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City Clerk Mayor
EXHIBIT"A"
LEGAL DESCRIPTION:
A parcel of land being part of the Southeast Quarter(SE 1/4) of Section Twenty-three (23),
Township 5 North(T.5N.), Range 66 West(R.66W.) of the Sixth Principal Meridian(6th P.M.),
County of Weld, State of Colorado and being more particularly described as follows:
BEGINNING at the Southeast Corner of said Section 23 and assuming the East line of said
SE1/4 as bearing North 00°16'02" West a distance of 2653.80 feet with all other bearings
contained herein relative thereto:
THENCE North 00°16'02" West along said Fast line a distance of 183.10 feet to the intersection
with the Easterly extension of the Northerly Right-Of-Way(ROW) line of the existing 37th
Street;
THENCE North 89°46'05" West along said Easterly extension a distance of 52.06 feet to the
intersection of the Northerly ROW line of the existing 37th Street and the Westerly ROW line of
the existing 35th Avenue. Said point being the TRUE POINT OF BEGINNING:
THENCE continuing North 89°46'05" West along said Northerly ROW line a distance of 3261.52
feet to the West line of said SE1/4;
THENCE North 00°01'36" West along said West line a distance of 2600.82 feet to the Center
Quarter Corner of said Section 23;
THENCE South 87°30'41" East along the North line of said SE1/4 a distance of 2749.53 feet to
the West line of those parcels of land as recorded March 18, 1987 in Book 1149 as Reception
Number 2092157 and. 2092158 of the records of the Weld County Clerk and Recorder(WCCR);
Thence along the Westerly and Southerly lines of the aforesaid parcels of land by the following
Two (2) courses and distances:
THENCE South 00°19'36" East a distance of 63.33 feet;
THENCE North 89°43'53" East a distance 484.82 feet of the Westerly ROW line of the said
existing 35th Avenue;
THENCE South 00°43'13" East along said Westerly ROW line a distance of 2433.78 feet to the
TRUE POINT OF BEGINNING.
Said described parcel of land contains 188.496 Acres, more or less (±).
1 Exhibit"A"- Reso. 7-1999
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 March, 1999 at 7:30 P.M., held at the
City Hall Council Chambers, 1100 37th 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:
A parcel of land being part of the Southeast Quarter(SE 1/4)of Section Twenty-three(23),
Township 5 North(T.5N.),Range 66 West(R.66W.)of the Sixth Principal Meridian(6th
P.M.),County of Weld,State of Colorado and being more particularly described as follows:
BEGINNING at the Southeast Corner of said Section.23 and assuming the East line of said
SE 1/4 as bearing North 00°16'02"West a distance of 2653.80 feet with all other bearings
contained herein relative thereto:
THENCE North 00°16'02"West along said East line a distance of 183.10 feet to the
intersection with the Easterly extension of the Northerly Right-Of-Way(ROW)line of the
existing 37th Street;
THENCE North 89°46'05"West along said Easterly extension a distance of 52.06 feet to
the intersection of the Northerly ROW line of the existing 37th Street and the Westerly
ROW line of the existing 35th Avenue. Said point being the TRUE POINT OF
BEGINNING:
THENCE continuing North 89°46'05"West along said Northerly ROW line a distance of
3261.52 feet to the West line of said SE1/4;
THENCE North 00°01'36"West along said West line a distance of 2600.82 feet to the
Center Quarter Corner of said Section 23;
THENCE South 87°30'41"East along the North line of said SE1/4 a distance of 2749.53
feet to the West line of those parcels of land as recorded March 18, 1987 in Book 1149 as
Reception Number 2092157 and 2092158 of the records of the Weld County Clerk and
Recorder(WCCR);
Thence along the Westerly and Southerly lines of the aforesaid parcels of land by the
following Two(2)courses and distances:
THENCE South 00°19'36"East a distance of 63.33 feet;
THENCE North 89°43'53"Fast a distance 484.82 feet of the Westerly ROW line of the said
existing 35th Avenue;
THENCE South 00°43'13"East along said Westerly ROW line a distance of 2433.78 feet to
the TRUE POINT OF BEGINNING.
Said described parcel of land contains 188.496 Acres,more or less(±).
Vicinity: The Northwest 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 January 30th, February 6, 13, and 20th.
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"Exhibit C"
ANNEXATION AGREEMENT
MANTEL SOUTH ANNEXATION
This agreement made and entered into this _ day of , 1999, by and between
Charline Mantel&Jeffrey Hubbell, 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 Chapter 13.08 of the Evans Municipal Code. The CITY may
accept the following water rights: Greeley/Loveland Irrigation Corporation(GLIC),Lake Loveland,
Seven Lakes, Colorado-Big Thompson(C-BT). If ANNEXOR'S property is serviced by water mains
designed and installed by another developer, ANNEXOR could pay a reimbursement fee to use those
services per Chapter 13.28 of the Evans Municipal Code. 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. 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 with at least a one
year guarantee for maintenance to the CITY.
SEWER
The development will be serviced by a sewer main that will extend along 35th Avenue south
to the Hill-N-Park Sanitation District Wastewater Treatment Facility. If ANNEXOR'S property is
serviced by sewer mains designed and installed by another developer, ANNEXOR could pay a
reimbursement fee to use those services per Chapter 13.28 of the Evans Municipal Code.
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 all sewer
lines under warranty with at least a one year guarantee for maintenance to the CITY. ANNEXOR
Page 1 of 4
agrees to dedicate all necessary unobstructed rights-of-way and easements needed for sewer lines to
serve the area described herein.
STREETS
ANNEXOR shall dedicate all rights-of-way for public streets, for the full width thereof, as
required by the CITY, 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 without
cost to CITY. ANNEXOR shall dedicate all public rights-of-way under warranty with at least a one
year guarantee for maintenance to the CITY. Once accepted by the City, the public streets shall be
maintained by the City of Evans. A traffic study for the proposed development shall be completed
by the ANNEXOR in accordance with CITY requirements.
DEVELOPER'S AGREEMENT
Upon submittal of a preliminary plan, ANNEXOR agrees to enter into a public improvements
developer's agreement. The developer's agreement shall be signed upon final plat approval.
DRAINAGE
The ANNEXOR shall prepare a drainage study for the entire property. ANNEXOR shall
design and construct storm drainage facilities within the property. Facilities necessary to address
drainage from outside the property will be designed for quantities in excess of those amounts
historically discharged from the site, these facilities will be developed in conformance with the
Comprehensive Drainage Study and other regulations and ordinances of the CITY. Improvements
recommended by such drainage study shall be completed at the time of completion of each phase of
development. All storm drainage improvements may be approved and inspected by the Public Works
Director or his designee and built in accordance with CITY 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 with at least a one year
guarantee for maintenance.
PUBLIC LAND DEDICATION
The ANNEXOR shall provide Open Space and other Public Land Dedication, as required
by existing ordinances which are in effect at the time of subdivision approval. Any additional
open space is at the option of the ANNEXOR.
ZONING AND DESIGN
ANNEXOR and 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.
Page 2 of 4
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.
SPECIAL DISTRICTS
ANNEXOR agrees to petition out of the Western Hills Fire Protection District and does
hereby irrevocably appoint the Fire Chief of the City of Evans its true and lawful agent and
attorney for the Annexor and in the Annexor's name and stead to sign and execute any and all
petitions, documents and writings pertaining to the lands herein described which shall be
necessary and appropriate to petition out of such Western Hill Fire Protection District. CITY
agrees to provide fire protection service to the Mantel property.
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
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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 Mantel
South Annexation. All commitments and obligations of the ANNEXOR shall be assumed by
the Developer upon transference of ownership of the Mantel property to the Developer.
Developer's attorney shall review this agreement prior to submittal to Evans City Council.
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.
CITY OF EVANS, COLORADO
By:
Mayor
ATTEST:
City Clerk
ANNEXOR: ANNEXOR:
By: By:
Date: Date:
The foregoing instrument was acknowledged before me this day of
A.D. 19
Witness my hand and official seal. My commission expires
Notary Public
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