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Home My WebLink About961488.tiff • > r4 TOWN OF ERIE - 645 HOLBROOK,P.O.BOX 100 ERIE,COLORADO 80516 e a, C LOCAL(303)828-3843 ataa�W�we?e METRO(303)6653555 FAX(303)6653557 a July 25, 1996 CERTIFIED MAIL NO. Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 RE: Notice of Public Hearings for the Aksel Annexation Planning and Zoning Commission - Thursday,August 1, 7:00 P.M., Town Hall Board of Trustees - Thursday,August 22, 7:00 P.M., Town Hall Dear Gentlemen: Please be advised that the Planning and Zoning Commission and the Board of Trustees have set public hearings to consider the proposed annexation of certain land in Weld County to the Town of Erie, and to consider the requested zoning for the property. The annexation is north of Evans Street and east of County Line Road. The proposed zoning for the property is "Old Town Overlay" on western half of the site to allow the St. Vrain School District to develop baseball and soccer fields. The proposed zoning for the remainder of the site is "Planned Development." They will defer the specific development plan for this portion to the platting of the property. Attached are copies of the hearing notice and maps of the proposed annexation and zoning. We are sending you this notice as an adjacent property owner, or as a referral agency of the Town. Copies of the applications for this annexation are on file and available for public inspection in the Community Development Office, at the Erie Town Hall, 645 Holbrook, Erie, Colorado 80516. The public's comments are welcome during the public hearings. You may send written comments to the Erie Town Hall, Box 100, Erie, CO 80516. Sinter , r...--- Gary est Co unity Development Director `46- "i h�,t'e42 .�`� 961488 ..di m Sp POLICE DEPT. P.O.BOX 510 METRO(303)44&3158 LOCAL(303)82&3200 L FRAINAIN VIEW FIRE PROTECTION DI$T.(303)6664404 NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION TOWN OF ERIE Notice is hereby given that on the 1st day of the month of August, 1995, at 7:00 pm, or as soon as possible thereafter, in the Town Hall, 545 Holbrook, Erie, Colorado, or at such place and time as the hearing 'nay be adjourned to, a PUBLIC HEARING will be held upon the application made by: Aksel Properties, LLC for the purpose of : Annexation of certain lands in Weld County, Colorado to the I'owrr of Erie pursuant to the Codes of the Town of Erie and applicable Slate Statutes. 1'he affected property is located at: East of\Weld County Road 1, North of Evans Street and\Vest of the abandoned Burlington Northern Railway right-of-way. The legal description of the property is: A portion of the SW ! of the NW VI of Section 18, .11N, R08W of the 6th IN, Weld County, Colorado. (See "Attachment A for complete legal description.) Erie. application is on file with the I own of Erie. Interested an affected parties are encouraged to attend. The Planning & Zoning Commission will be taking comments prior to making a determination or taking any action on this matter. Is/ Hale Sayer flattie Sawyer, Community Development Dept FOR QUESTIONS OR COMMENTS, CONTACT: TOWN OF ERIE P.J. BOX 100 ERIE, COLORADO 80516 PHONE: 828-3843 or 555-3555 FAX: 665-3537 Published in the Longmont Times-Call on July 18, 25. 3192E WPO Attaclunent A LEGAL DESCR[PT[ON .AKS I_[. PROPERTIES, LLC That portion of the SW t/4 of the NW 4 of section 18, Township 1 North, Range 68 West of the 6th P.M., as described in deeds recorded in Book 655 at Page 275 and in Book 882 at Page 139 of the records in the office of the County Clerk and Recorder of Weld County, Colorado, being more particularly described as follows: Beginning at the Southeasterly corner of Recorded Exemption No. 1467-18-2 RE128, as recorded in Book 714 as Reception No. 1635089 of the Records of Said County Clerk and Recorder; thence South 03°57'30" We st a distance of 681.26 feet to the Northerly line of Evans Street, a distance of 146.95 feet to a recorded deed in Book 1134 as Reception No. 2076440 of the records of said County Clerk and Recorder; Thence North 3°19130" East, on and along the East on of said Boundary Agreement, a distance of 180.60 feet; thence South 89°37'00" west on and along the Northerly line of said Boundary Agreement, A distance of 147.75 feet; thence South 3°19'30" west, on and along the Westerly line of said Boundary Agreement, a distance of 30.21 feet; thence south 89°46'00" West, on and along said Northerly line of Evans Street; thence South 89°46'00" West, on and along said Northerly line of Evans Street, a distance of 818.43 feet to a point 30 feet east of the Westerly line of said sw 114 of the NW 1 of Section 18 said point being on the Easterly line of an existing County Road; thence N 00°10'00" East, on and along said Easterly line of the county road which is parallel with and 30 feet East of the Westerly line Southerly line of said recorded Exception No. 1467-18-2 RE128: thence North 89°53'30 East, on and along the Southerly line of said recorded Exemption No. 14.67-18-2 RE128, a distance of 1218.14 feet, more of less, to the Point of Beginning, Except that portion conveyed in Deed recorded November 21, 1989 in Book 1249 as Reception No. 2198008, County of Weld, State of Colorado. 5192E WPO NOTICE OF Pt'BLIC HEARING HOARD OF TRUSTEES TOWN OF ERIE Notice is hereby given that on the 22nd day of the month of August, 1995, at 7:00 pm. or as s..on as possible thereafter, in the rown Hall, 545 Holbro0k, Erie, Colorado, or at such place and time as the hearing may be adjourned to, a PUBLIC HEARING will be held upon the application made by: Aksel Properties, LLC for the purpose 01 : Annexation of certain lands in Weld County, Colorado to the Town of Erie pursuant to the Codes of the [cum of Erie and applicable State S."tatutes. The affected property is located at East of Weld Cotmty Road 1, North of Evans Street and West of the abandoned Burlington Northern Railway-right-of-way. 1 he legal description of the property is: A portion of the SW V1 01 the NW 1/1 of Section 18, TIN, R68W of the eth PM, Weld County, Colorado. (See -attachment A" for complete legal description.) The application is on tile with the 1 own of Erie. Interested an affected parties arc encouraged to attend. The Board of Trustees will be taking comments prior to making a detertninat ion or taking any action on this matter. /s/ Lisa Marino _ Lisa .Marino, Down Clerk NOR Qt"ESTIONS OR COMMENTS, CONTACT: TOWN OF ERIE P.O. BOK 100 ERIE, COLORADO 80516 PHONE: 828-3843 or 6o5-3555 FAX: 555-3537 Published in the Longmont Times-Call on July 18, 25, August 1 & 8. 3191E WPD "Attachrnent ,�.. LEGAL DESCRIPTION AKEET. PROPERTIES, [1.C That portion of the SW 1/4 of the NW V; of section 18, Township 1 North, Range 68 West of the 6th P.M., as described in deeds recorded in Book 655 at Page 275 and in Book 882 at Page 139 of the records in the office of the County Clerk and Recorder of Weld County, Colorado, being more particularly described as follows: Beginning at the Southeasterly corner of Recorded Exemption No. 1467-18-2 RE128, as recorded in Book 714 as Reception No. 1636089 of the Records of Said County Clerk and Recorder; thence South 03°57'30" West a distance of 681.26 feet to the Northerly line of Evans Street, a distance of 146.95 feet to a recorded deed in Book 1134 as Reception No. 2076440 of the records of said County Clerk and Recorder; Thence North 3°19'30" East, on and along the East on of said Boundary Agreement, a distance of 180.60 feet; thence South 89°37'00" west on and along the Northerly line of said Boundary Agreement, A distance of 147.75 feet; thence South 3°19'30" west, on and along the Westerly line of said Boundary Agreement, a distance of 30.21 feet; thence south 89°46'00" West, on and along said Northerly line of Evans Street; thence South 89°-46'00° West, on and along said Northerly line of Evans Street, a distance of 818.43 feet to a point 30 feet east of the Westerly line of said sw 114 of the NW I/4 of Section 18 said point being on the Easterly line of an existing County Road; thence 00'10'00" East, on and along said Easterly line of the county road which is parallel with and 30 feet East of the Westerly line Southerly line of said recorded Exception No. 1467-18-2 RE128; thence North 89°53'30 East, on and along. the Southerly line of said recorded Exemption No. 1467-18-2 RE128, a distance of 1218.14 feet, more of less, to the Point of Beginning, Except that portion conveyed in Deed recorded November 21, 1989 in Book 1249 as Reception No. 2198008, County of Weld, State of Colorado. 3191E WPD TOWN °OLBR OK LAND USE APPLICATION ERIE, COLORADO 80516 665-3555. 828-3843 Project No. Fees Paid S Receipt No. ALL APPLICANTS: REQUEST: X Annexation Preapplication Preliminary Plat Final Plat Re-plat Lot Division Special Use Home Occupation Other Location (attach full legal description): See Exhibit A _ DESCRIPTION OF REQUEST (Attach additional pages if necessary): Annexation of 16.3 acre tract with subdivision use of 29 single family units and 8 acres of school district soccer field and baseball fields. OWNER OF RECORD`: Aksel Properties. LLC TELEPHONE: 303-938-9382 AUTHORIZED REPRESENTATIVE': David J. Smoljan MAILING ADDRESS: 4620 Weld County Rd. #5, Erie, CO 80516 FOR NEW DEVELOPMENTS ONLY: Gross Site Acreage: 16.3 Gross Site Density: 7-1 Square Footage Proposed on Non-Residential Development: 400,752 or 9.2 acres Present Zoning: Agricultural Proposed Zoning: Old Town Overlay RE-6 Mineral Rights Owner: Robert D. &Tonva Shaw 1501 Sunset, Longmont, CO 80501 (name) (mailing address) Water Rights Owner: N/A (name) (mailing address) The undersigned is fully aware of the request/proposal being made and the actions being initiated on the referenced property. The undersigned understand that the application must be found to be complete by the Town of Erie before the request can be officially accepted and the I Attach proof of ownership-copy of deed or Title Insurance Police A notarized letter horn the legal owner of the property authorizing the representative to apply for the request and make commitmcnls on their behalf must accompany the application. APPFOFM WPD REVISED Am'25 1996 (Continue on hack) review process initiated. The undersigned is aware that the applicant is fully responsible for all reasonable costs associated with the review of the application/request being made to the Town of Erie. By this acknowledgment, the undersigned hereby certify that the above information is complete and tnte. (If the apptars h "owner(s) of the subject property, the owner(s), mortgage and/or lienholc efshall al sign.* e/Application.) Owner: !: Date: Applicant: Date: _ (attach additional signatures as necessary) STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged_before me this ti" day of , 19 `-1 by .DP:Ci0 �, m( ict�i i. My commission expires: rd.-1-4- _ J Witness My hand and official seal. / \,/� Notary Public J APPFORM WPD REVISED Apnl 25.1996 ANNEXATION IMPACT REPORT FOR AKSEL PROPERTIES, LLC July 25, 1996 Prepared for: Town of Erie 645 Holbrook Street P.O. Box 100 Erie, Colorado 80516 Table of Contents Page I. Project Description 1 II. Municipal Services 1 III. Special Districts 2 IV. School District Impact 2 V. Exhibits 2 A. Existing Conditions Map and Proposed Land Use Map AKSEL PROPERTIES, LLC ANNEXATION TO THE TOWN OF ERIE Forward: This "annexation impact report" has been prepared pursuant to Section 31-12-108.5 Colorado Revised Statutes, 1986 Repl. Vol. Contained in Exhibit "A" is a map depicting the proposed annexation, the existing and proposed public services to the property and the existing and proposed land use for the property. I. Project Description: The property proposed for annexation consists of 16.3 acres and is located adjacent to the Town , north of Evans Street, between County Line Road and High Street. The annexation is contiguous to the Town on its eastern and southern borders and satisfies the 1/6 contiguity with the Town boundaries required by statute. The land proposed to be annexed is owned by Aksel Properties, LLC. The property will be separated into two principal parcels. The western parcel is to be sold to the St. Vrain School District for development of soccer and baseball fields. The final lot layout and density for the second parcel has not been determined at this time. It will be zoned as a "Planned Development" and subdivided at a later date. The "Planned Development" zoning will require the preparation of a "development guide" and subdivision plat before anything could be built on the site. The propene is close to the downtown, post office, town hall and schools. The marketability of the site is further enhanced by the easy access to 1-25 and the North Denver area, including the new Denver International airport. The land is currently zoned "A (Agricultural)" by Weld) County. In conjunction with the proposed annexation, the zoning will change to "Old Town Overlay" to allow the soccer and ball fields and "Planned Development" in conformance with the Town's Land Use Code. Adjacent land uses include large lot single family residences and agricultural uses in the county and single family residences in the town. 11. Municipal Services: Municipal services for the Aksel Properties, LLC Annexation will be provided in the following manner: Electricity Electric services are to be provided by the present supplier, Public Service Company, the electric franchisee for the Town of Erie. Telephone U.S. West Communications Water The Town of Erie. Sanitary Sewer The Town of Erie. Fire The site is currently served by the Mountain View Fire Protection District. Police The Town of Erie. Street Maint. Maintenance of roadways within the annexation will be provided by the Town after construction to Town specifications and acceptance by the Board of Trustees. Financing the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Erie. The annexation agreement is attached in draft form. III. Special Districts: The area to be annexed is included within the following special districts: St Vrain Valley School District, R-11 Mountain View Fire Protection District Northern Colorado Water Conservancy District Tri-Area Ambulance District Weld County Library District IV. School District Impact: It is anticipated that the annexation will bring a benefit to the St Vrain Valley School District, R-1 1 due to the increase in valuation, and will contribute approximately 20 K-12 students to the school system. V. Exhibits: A. Existing Conditions Map and Proposed Land Use Map =8 Sit] • Y$ t ' 'ti a _ tt7 ° It . 1p1Ci1 t -It' III 1 I II a• f r 'et et 0.7i P c S ,. S ct lit t.7. A'` 11€ :1 ' i if € 111 I I I ' • r.l i °. +i 1 t ; 0 0 . ttl° S5. I Iipii rft t I 11• ri lt., °G.f g r r l 7 I t ft r° tt . Mt!" 1 t Ii ii 1 ° f ' 'G f• 0 "G:f rS P.; r f t I t r r f ft 0. It [ i. Ili. 'ilia `•I I!, EI 't ' f' o ill. If`°f WI' tr i - t a ti?i F9,t 1:``,�. l.''kt, i Ili. WO Fi r:qq, r ,' 2i°: .. • t.°: f f Inn f ! f e� i1i0 Lt4 i t.lilt - WI �t t rIr i IAf5 f" CJ iIi.r !S°f: tF� G �! °0 ,r G ores li ` � F �y{{ii � r ; ; � {�.t i t. F . t.#.° !if o 3 1 t1 it 1 If:t 1 l V: i' N f� it 41 i � I ;:� €i+ €� €� "! €l €� €€=` €!:� €� � tI f' i t�fi �� 4G ! ',� (�: i r t i= t ! A4uEA•DIfIN (11 -AIN i I - I • ------J ,1pur.3'nln1-N or -.Il'N /aHam..er)ovotwit M']W doe My?wkme—————- II ' • "' .a.r '1. 7. i1 1 ID a � _ F 8 it. 1 I I7. j r W h I s 2a€ W � r. ,. .�, Fps m o 9 '--AWE is \ I I 1- .. I - a A � tra I •rQ r Q W o i SIN 1 „_ I . . pW — .e.ec �amrmi A ";t a -= EE1, Dr rr1� yIt:L 15 Q 2 C _' ; �.' \I peE z w - `t . I _ _ 3 3 i I F. or Q 5 I .L-- — — ct a c �Ir IC C a ;i }. A Ib i P 3NIl N3M3S •i =' 1 _ _ _ Y _ 1 1 • 9661 03108 1SN00 39 01 11J11 LI31YM 21 amo.m. • L - . R. . . . . .. oroa 31417 AThnoa — - — •a- — (y) IunlMna0N (thquoy luaunj) AKSEL PROPERTIES, LLC ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of , by and between Aksel Properties, LLC , hereinafter referred to as the "Owner," and the Town of Erie, a municipal corporation of the State of Colorado, hereinafter referred to as "Erie" or "Town". WITNESSETH: WHEREAS, the Owner desires to annex to Erie the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as "the Property"); and WHEREAS, Owner has executed a petition to annex the Property, a copy of which petition is attached hereto as Exhibit "B." and incorporated herein and made a part hereof; and WHEREAS. it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS. Owner acknowledges that upon annexation. the Property will be subject to all ordinances, resolutions, and other regulations of the Town of Erie, as they may be amended front time to time. WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for streets, rights-of-way and easements, parks and open space, utility facilities and improvements, to Erie as contemplated in this Agreement are directly related to and generated by the development intended to occur within the Property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, in consideration of die above premises and the covenants as hereinafter set forth, it is agreed by and between die parties as follows: 1. ANNEXATION AND ZONING. The annexation of the Property shall be in conformance with the Colorado Municipal Annexation Act of 1965, as amended, and with applicable Town of Erie codes. The Owner desires "Old Town Overlay" and "RE-6" zoning, in accordance with the Erie Zoning Code (Ordinance 408). The parties recognize that it is the intent and desire of the Owner to develop the Property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Erie is a condition to annex the Property. Owner shall take all action necessary to permit zoning by the Town of Erie of the annexed area within the time prescribed by state statutes. a. Land Use. All residential and commercial construction will be subject to the types and intensities of land use permitted pursuant to the Erie Zoning Code in effect on the date hereof, or in effect on the date when building permit applications are filed. h. Master Development Plan. Erie and the Owner recognize that property development is subject to market conditions. To assure Erie that the development of the Property proceeds in an orderly manner, Owner may phase the development. A "master development plan" for the Propene will be provided during the subdivision process. For each phase, a site specific plan will be submitted to the Erie Planing and Zoning Commission and the Board of Trustees for review and approval. The site specific plan shall be in general conformance with the "master development plan" for the Property, as approved and/or amended by the Board of Trustees. 2. ANNEXATION MASTER PLAN FOR PROPERTY. The Erie Comprehensive plan encompasses the entire Property. The Comprehensive Plan does not set, out in detail the land uses for the Property. The "annexation master plan" adopted as a resolution simultaneously with the annexation of the Property and attached hereto as "Exhibit C" -complies with the requirements of C.R.S. 3 I-12-105 (1)(c) 3. LAND DEDICATION. The dedication of parks and open space, public easements for utilities, rights-of-way for streets and other public ways and dedications for other public purposes shall be by General Warranty Deed or appropriate instnunent of conveyance acceptable to the Town. Such dedications shall occur immediately upon request of the Town except that internal rights-of-way shall be dedicated at the time of subdivision platting, unless the Town specifies another time. The Town and the Owner agree that such dedications are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. a. Parks And Open Space. The Owner agrees to either dedicate to the Town of Erie, a minimum of 6 % of the total acreage of the Property as public land, or to pay an equivalent "cash in lien" to the Town based on the undeveloped price of such land, or any combination of land and cash as is negotiated and agreed upon by the Owner and the Town. Atw open space, parks, landscaped right-of- ways, or trails dedicated to the Town may count towards the land dedication. The dedication of land or cash in lieu is at the Town's option and discretion. b. Roads And Utility Easements. The Owner shall dedicate right-of-way for all roads and utility easements to Erie. All utility easements, dedicated to Erie, shall be for the use and the benefit of die various entities furnishing utility services, i.e., electrical, telephone, gas, TV cable, water sewer. Said rights-of-way for all utilities may be within the road or trails right-of-way and may be identical or overlapping. ALL UTILITIES WILL BE PLACED UNDERGROUND. 4. AVAILABILITY OF SERVICES. Erie agrees to make available to the Property all of the usual municipal services in accordance with the ordinances anti policies of the Town which services include, but are not limited to, police protection and water and sewer services. Owner acknowledges that Town services do not include, as of the date of the execution of this Agreement, fire protection or emergency medical services, but the Property is presently included within the boundaries of and is entitled to receive such services from the Mountain View Fire Protection District. �. WATER SERVICE. Water service to the Property shall be provided by the Town, except as may be allowed by separate agreement between the Town and another public water provider. If the Property is not already in the Northern Colorado Water Conservancy District and/or the Municipal Subdistrict, the Owner agrees to petition for inclusion in said District(s) and to the payment of any fees and taxes levied by the District(s) as a condition of said inclusion. Owner hereby acknowledges its receipt of a copy of Town of Erie Ordinance No. 477, concerning Town policy with respect to obtaining water service from the Town, the dedication of water rights to the Town in connection with annexations and the extension of water lines and pumping facilities to the Property. Owner agrees to comply with Ordinance No. 477 and with any amendments thereto, including any applicable amendments adopted subsequent to t he -annexation of the Property. The Town and the Owner agree that such dedications are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. a. Extension of Water Services. The extension of water mains or trunk lines shall be in accordance with Ordinance No. 477. Owner shall install at his sole cost and expense, all the water mains, trunk lines, pumping facilities and appurtenances necessary to provide service from the Town's system to the Property. These extensions may include the over sizing of lines and pumping facilities for future development of adjacent property. Owner shall install at his sole cost and expense, all the water lines, fire hydrants and appurtenances within the Property. Water lines lying within the dedicated right-of-way shall be dedicated to Erie after construction. Any reimbursements to the Owner for over sizing of water lines will be subject to a separate Subdivision Improvement Agreement. b. Water Service Availability. Erie does not warrant the availability of water service to the Owner for any phase of development. A determination of water service availability by Erie shall be made by a water system analysis at the time the Owner requests water taps. In the event that the Town determines that it has insufficient water service availability, no water taps shall be issued until such time as there is water service availability. c. Water Tap Fees. Water tap fees shall be the existing Town water tap fees at the time which the applicant requests water taps. Water tap fees shall be paid when a building permit for a structure is requested from the Town. 3 d. Water Rights Dedication. Owner represents to the Town that the tributary and non-tributary water rights listed on Exhibit "D", attached hereto and incorporated herein by this reference, constitute all of the water rights appurtenant to the subject property. In accordance with Ordinance No. 477, as amended, and existing Town policy, Owner agrees to convey to the Town, upon annexation of the subject property, all water rights listed on Exhibit "D", and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related thereto paid in full, unless the Town in writing rejects any or all such water rights. Transfer of the water rights shall be accomplished prior to the recording of the annexation with the County Clerk and Recorder. 6. SEWER SERVICE. Sewer service to the Property shall be provided by the Town Owner hereby acknowledges receipt of a copy of Town of Erie Ordinance No. 508, concerning Town policy with respect to obtaining sewer service from the Town and the extension of sewer lines to the Property. Owner agrees to comply with Ordinance No. 508 and with any amendments thereto, including any applicable amendments adopted subsequent to the annexation of the subject Property. The Town and the Owner agree -that dedications required by Ordinance No. 508 are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. a. Extension of Sewer Services. The extension of sewer mains or trunk lines shall be in accordance with Ordinance No. 508. Owner shall install at his sole cost and expense, all the sewer mains, trunk lines, and appurtenances from the Town's system to the Property. These line extensions may include the over sizing of lines for future development of adjacent property. Owner shall install at his sole cost and expense, all the sewer lines and appurtenances within the Property. Sewer lines lying within the dedicated right-of-way shall he dedicated to Erie after construction. Any reimbursements to the Owner for over sizing of sewer lines and appurtenances will be subject to a separate Subdivision Improvement Agreement. b. Sewer Service Availability. Erie does riot warrant the availability of sewer service to the Owner for any phase of development. A determination of sewer service availability by Erie shall be made by a sewer system analysis at the time the Owner requests sewer taps. In the event that the Town determines that it has insufficient sewer service availability, no sewer taps shall be issued until such time as there is sewer service availability. c. Sewer Tap Fees. Sewer tap fees shall be the existing Town fees at the time which the applicant requests sewer taps. Sewer tap fees shall be paid when a building permit for a structure is requested from the Town. 4 7. ROADS, TRAILS AND PUBLIC RIGHTS-OF-WAY. All public roads shall be constructed to Town standards. Trails shall be constructed as an integral feature of t development, in accordance with Town construction standards. All public roads, trails and right-of-ways shall be dedicated to Erie. Owner shall be responsible for purchase of traffic and street signs, street lights, traffic control devices, and street striping, and Erie shall be responsible for the installation of those items at the Owner's cost, with the exception of street lights. Owner shall provide a two (2) year guarantee for all improvements from the time of final acceptance to Erie. 8. CONFORMANCE WITH TOWN REGULATIONS. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with all Town ordinances and resolutions and the Town's "Standard Design Criteria and Standard Construction Requirements" including, without limitation, those pertaining to subdivision, zoning, streets, storm drainage, utilities, and flood control. 9. PUBLIC IMPROVEMENTS. Owner agrees to design, construct and install in accordance with Town approved plans, certain public improvements including but not limited to streets, curb, gutter, sidewalks, storm sewer lines, storm drainage improvements, sanitary sewers, water lines, trails and park improvements within or adjacent to the Property. Owner agrees to guarantee construction of all required improvements, and, if requested by Erie, to dedicate to Erie any or all other required improvements. Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the Property. The construction of public improvements shall be subject to any reimbursement which may be provided for in the Subdivision Improvement Agreement. 10. EXCLUSIVITY OF ANNEXATION PETITION. Owner agrees to not sign any other petition for annexation of the Property or any petition for an annexation election relating to the Property, except upon request of Erie. I I. MISCELLANEOUS PROVISIONS. a. Interpretation. Nothing in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and it's inhabitants, nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. b. Severability. If any part, section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Agreement. The parties hereby declare that they would have agreed to the Agreement including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid. 5 c. Amendments to the Agreement. This Agreement May be amended, at anytime, upon agreement of the_panics hereto. Such amendments shall be in writing, shall be recorded with the County Clerk & Recorder of(Boulder/Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property subject to the amendment unless otherwise specified in the amendment. In addition, this Agreement may be amended by the Town and ally Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the Property. Such amendments shall be in writing, shall be recorded with the Comnv Clerk Sc Recorder of(Boulder/Weld) County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property subject to the amendment unless otherwise specified in the amendment. d. Binding Effect. This Agreement shall be binding upon and inure to the benefit of and be binding upon the parties, their successors in interest, or their legal representatives, including all developers, purchasers and subsequent owners of any lots or parcels within the Property, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk& Recorder of I Boulder/Weld) County', Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. e. Indemnification. Owner agrees to indemnify and hold hamiless the Town and the Town's officers, employees, agents, and contractors, front and against all liability, claims, and demands, including attorney's fees and court costs, which arise out of or are in am, manner connected with the annexation of the Proper_ or with any other annexation or other action determined necessary or desirable by the Town in order to effectuate the annexation of the Property, or which are in any manner connected with Erie's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the Town's option to pay the attorney's fees for defense counsel of the Town's choice for, any such liability, claims, or demands. f. Termination. If the annexation of the Property is, for any reason, not completed then this Agreement shall he null and void and of no force and effect whatsoever. g. No Right or Remedy of Disconnection. No right or remedy of disconnection of the Property from the Town shall accrue from this Agreement, other than provided by applicable state laws. In the event the Property or any portion thereof is disconnected at Owner's request, the Town of Erie shall have no obligation to serve the disconnected property or portion thereof and this e Agreement shall be void and of no further force and effect as to such property or portion thereof. h. Annexation and Zoning Subject to Legislative Discretion. The Owner acknowledges that the annexation and subsequent zoning of the Property are subject to the legislative discretion of the Board of Trustees of the Town of Erie. No assurances of annexation or zoning have been made or relied upon by the Owner. In the event that the Town of Erie Board of-Trustees, in the exercise of it's legislative discretion, does not take any action with respect to the Propene herein contemplated, then the sole and exclusive remedy for the breach hereof accompanied by the exercise of such discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection front the Town in accordance with state law, as may be appropriate. Legal Discretion in the Case of Challenge. The Town of Erie reserves the right to not defend any legal challenge to this annexation, In the event such a challenge occurs prior to any expiration of any statute of limitation, Erie may, at it's discretion, choose to legally fight the challenge or allow the challenge to proceed without defense. This does not restrict the Owner from engaging the - . Town's legal representatives in such a defense, at no cost to the Town. j. Application of'Town Policies. Upon annexation, all subsequent development of the Property shall be subject to and bound by the applicable provisions of Erie ordinances, as amended, including public land dedications, provided however, that changes or amendments to the Charter or the code, after the date of this Agreement shall in no way limit or impair Erie's obligation hereunder, except as specifically set forth in this Agreement. k. Amendments to Governing Ordinances, Resolutions and Policies. As used in this Agreement, unless othenvise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the panics agree that such amendments or revisions shall be binding upon Owner. 1. Legal Fees. In the event that either party finds it necessary to retain an attorney in connection with a default by the other as to any of the provisions contained in this Agreement, the defaulting party shall pay the other's reasonable attorney's fees and costs incurred in enforcing the provisions of this Agreement. m. Reimbursement for Other Costs. The Owner shall reimburse the Town for any third party costs necessary for the orderly and proper development of the Property, including but not limited to consultant's fees for planning and engineering, and attorney's fees for legal services beyond the normal document review, which is directly linked to the Property. n. Avigation Easements. The Owner agrees to provide the Town with an executed avigation easement prior to subdivision of die land. which provides the Town of Erie an easement for the operation of aircraft to and from the Tri-Co linty Airport, and which provides the residents of Parkland Estates, a Weld County Subdivision, an easement for the operation of aircraft to and front the private landing strip in Parkland Estates within the airspace of the Owner's property. o. Oil and Gas Access Roads. All oil and gas access roads located on the Property will remain where they are, and will he considered a current obligation between the Owner and the oil and gas company(s). The Town will not be responsible for any maintenance of any current oil and gas access road. P. Inclusion in Special Improvement Districts. If requested by Erie, Owner agrees to include the Property in one or more special improvement districts or other mechanisms established by Erie for making improvements to streets and other public ways, or for making other public improvements authorized by law. Owner hereby appoints the Town Administrator of Erie as Owner's attorney-in- fact for the purpose of executing all documents determined by Erie to be - • necessary for such inclusion. Owner shall record a disclosure with all lots sold of this assignment. q. Cooperation. The panics agree that they will cooperate with one another in accomplishing the tents, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. r. Timely Submittal of Materials. Owner agrees to provide legal documents. surveys, engineering work, newspaper publication, maps, reports and other documents necessary to accomplish the annexation of the Property and die other provisions of this Agreement. s. Compliance with State Law. The Owner shall comply with all applicable Statc law and regulations. t. Recording of Agreement. This Agreement shall be recorded in the records of the (BoulderlWeld) County Clerk and Recorder. 12. COMPLETE AGREEMENT. This instrument embodies the whole agreement of the panics. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. Except as provided herein there shall be no modifications of this Agreement except in writing, executed with the same formalities as this instntment. Subject to the conditions precedent herein this Agreement may be enforced in any court of competent jurisdiction. 8 By this acknowledgment, the undersigned hereby certify that the above Agreement is complete and true and entered into of their own free will and volition. (ft the applicant is not the Owner(s) f the subject property, the Owner(s), mortgage and/or lienhwlder shall also sign the Agreement.) Owner: Date: Owner: Date: Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO SS. COUNTY OF -The foregoing instrument was acknowledged before me this day of , 19 by My commission expires: Witness My hand and official seal. Notary Public 9 EXHIBIT "A" Aksel Properties LLC Legal Description That portion of the SW 1 of the NW 1/4 of section 18, Township 1 North, Range 68 West of the 6th P.M., as described in deeds recorded in Book 655 at Page 275 and in Book 882 at Page 139 of the records in the office of the County Clerk and Recorder of Weld County, Colorado, being more particularly described as follows: Beginning at the Southeasterly corner of Recorded Exemption No. 1467-18-2 RE128, as recorded in Book 714 as Reception No. 1636089 of the Records of Said County Clerk and Recorder; thence South 03°57'30" West a distance of 681.26 feet to the Northerly line of Evans Street, a distance of 146.95 feet to a recorded deed in Book 1 134 as Reception No. 2076440 of the records of said County Clerk and Recorder; Thence North 3° 19'30" East, on and along the East on of said Boundary Agreement, a distance'of 180.60 feet; thence South 89°37'00" west on and along the Northerly line of said Boundary Agreement, A distance of 147.75 feet; thence South 3° 19'30" west, on and along the Westerly line of said Boundary Agreement, a distance of 30.21 feet; thence south 89°46'00" West, on and along said Northerly line of Evans Street; thence South 89°46'00" West, on and along said Northerly line of Evans Street, a distance of 818.43 feet to a point 30 feet east of the Westerly line of said SW ''/{ of the NW '/4 of Section 18 said point being on the Easterly line of an existing County Road; thence N 00° 10'00" East, on and along said Easterly line of the county road which is parallel with and 30 feet East of the Westerly line Southerly line of said recorded Exemption No. 1467-18-2 RE128; thence North 89°53'30" East, on and along the Southerly line of said recorded Exemption No. 1467-18-2 RE128, a distance of 1218. 14 feet, more or less, to the Point of Beginning, Except that portion conveyed in Deed recorded November 21, 1989 in Book 1249 as Reception No. 2198008, County of Weld, State of Colorado. 10 EXHIBIT "B" EXI-II13IT "C" 12 I:YI IIBIT "D" Water Rights Appurtenant to Property. (Listing of all tributary and non-tributary water rights attached to the property) Water Rights (Ditch Number of Certificate Yield (cfs or Company, groundwater, etc.) Shares Number(s) acre/ft) 13 TO: THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO. RE: Petition Known As: AICSEL ANNEXATION DATE: June 27, 1996 I, Aksel Properties, LLC , the undersigned landowner, in accordance with Colorado law, hereby petition the Town of Erie and its Board of Trustees for annexation to the Town of Erie of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: "That portion of the SW '/t of the NW t,4 of section 18,Township 1 North, Range 68 West of the 6th P.M., as described in deeds recorded in Book 655 at Page 275 and in Book 882 at Page 139 of the records in the office of the County Clerk and Recorder of Weld County, Colorado, being more particularly described as follows: Beginning at the Southeasterly corner of Recorded Exemption No. 1467-18-2 RE128, as recorded in Book 714 as Reception No. 1636089 of the Records of Said County Clerk and Recorder; thence South 03 57'30" West a distance of 681.26 feet to the Northerly line of Evans Street, a distance of 146.95 feet to a recorded deed in Book 1134 as Reception No. 2076440 of the records of said Comity Clerk and Recorder; Thence North 3' 19'30" East, on and along the East on of said Boundary Agreement, a distance of 180.60 feet; thence South 89-37'00" west on and along the Northerly line of said Boundary Agreement,A distance of 147.75 feet; thence South 3' 1930" west, on and along the Westerly line of said Boundary Agreement, a distance of 30.21 feet; thence south 89 46'00" West, on and along said Northerly line of Evans Street; thence South 89 4600" West, on and along said Northerly line of Evans Street, a distance of 818.43 feet to a point 30 feet east of the Westerly line of said SW u/t of the NW VI of Section 18 said point being on the Easterly line of an existing County Road; thence N 00' 10'00" East, on and along said Easterly line of the county road which is parallel with and 30 feet East of the Westerly line Southerly line of said recorded Exemption No. 1467-18-2 RE128; thence North 89'53'30" East, on and along the Southerly line of said recorded Exemption No. 1467-18-2 RE128, a distance of 1218.14 feet, more or less, to the Point of Beginning, Except that portion conveyed in Deed recorded November 21, 1989 in Book 1249 as Reception No. 2198008, County of Weld, State of Colorado." As part of this petition, your petitioner further states to the Board of Trustees of Erie, Colorado, that: 1. It is desirable and necessary that the territory described above be annexed to the Town of Erie. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one-sixth of the perimeter of the area proposed to be annexed 31 49E.WPD is contiguous with the Town of Erie or will be contiguous with the Town of Erie within -such time as required by 31-12-104. b. Acommnnity of interest exists between the area proposed to be annexed and the Town of Erie. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Erie. e. No land within the boundary of the territory proposed to be annexed which is 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 landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars (5200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to he annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. I. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Erie more than three miles in any direction from any point of the boundary of the Town of Erie in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Erie will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Erie; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Erie will not deny reasonable access to any landowners, owners of any easement, or the owners of any 3149E WPD 2 franchise adjoining any platted street or alley which is to be annexed to the Town of Erie but is not bounded on both sides by the Town of Erie. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; c. 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 numbers of plots or of lots and blocks: d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Erie and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Erie, except for general property taxes of the Town of Erie which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is "Old own Overlay" for the school property and(RE-6 single u 7 family.csidcntial ft), the tuainde' . Il/ PiLAAi eioea pft+JJr (P D ) WI IEREFORE, the following petitioner respectfully requests that the Town of Erie, a g \ through its Board of Trustees, approve the annexation of the area proposed to he annexed.day thi acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the of the subject property, the owner(s), mortgage and/or lienholrler shall also sign the Application.) / j �_ _ %� 1, �Owner - l Date: e-y - - _ / =- (honer: Date: Applicant: Date: (attach additional signatures as necessary) 3149E WP0 3 STATE OF COLORADO SS. COUNTY OF WELD The foregoing instrument was acknowledged before me this day of f "EG 19H by Qci ". ‘.) Jm(2-4ICli� My commission expires: d �u 1�yD, C1`) Witness My hand and officiaPseal. J 1 � Notary Public f 3149E WPC) 4 RECORD OF LAND OWNERSHIP AND DATE SIGNED Landowner/Petitioner Legal Description Mailing Address Date Signed of Land Owned 4620 WCR# 5 June 27, 1996 See Exhibit A Erie, CO 80516 5 3149E.WP0 AFFIDAVIT OF CIRCUTAFOR STATE OF COLORADO SS. COUNTY OF WELD Gang West , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petitio r Annexation of lands to the Town of Erie, Colorado, consisting of I I pages including this page al hat each ..gntature jje:reon was witnessed by your affiant and is the signature of the person wh se name u s to C'irvcri ator -- STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged before me this day of l�1 — . 19`i l: by di U :tcs 1 My commission expires: %�" 1" My Witness My hand and official seal. A' 4(1_ .LL ,twt(4 ' N©tItry Public 3149E WPD 6 P,YI IIBIT "A" Aksel Properties, LLC, Legal Description That portion of the SW !%. of the NW Vt of section 18,Township 1 North, Range 68 West of the 6th P.M., as described in deeds recorded in Book 655 at Page 275 and in Book 882 at Page 139 of the records in the office of the County Clerk and Recorder of Weld County, Colorado, being more particularly described as follows: Beginning at the Southeasterly corner of Recorded Exemption No. 1467-18-2 RE128, as recorded in Book 714 as Reception No. 1636089 of the Records of Said County Clerk and Recorder; thence South 03'57'30" West a distance of 681.26 feet to the Northerly line of Evans Street, a distance of 146.95 feet to a recorded deed in Book 1 134 as Reception No. 2076440 of the records of said County Clerk and Recorder; Thence North 3- 1910" East, on and along the East on of said Boundary Agreement, a distance of 180.60 feet; thence South 89'37'00" west on and along the Northerlv_line of said Boundary Agreement,A distance of 147.75 feet; thence South 3' 19'30"west, on and along the Westerly line of said Boundary Agreement, a distance of 30.21 feet; thence south 89`46'00" West, on and along said Northerly line of Evans Street; thence South 89'46'00" West, on and along said Northerly line of Evans Street, a distance of 818.43 feet to a point 30 feet east of the Westerly line of said sw 114 of the NW y, of Section l8 said point being on the Easterly line of an existing County Road; thence N 00' 10'00" I last, on and along said Easterly line of the county road which is parallel with and 30 feet East of the Westeryy line Southerly line of said recorded Exception No. 1467-I8-2 RE128; thence North 89'53'30 East, on and along the Southerly line of said recorded Exemption No. 1467-18-2 RE128, a distance of 1218.14 feet, more of less, to the Point of Beginning, Except that portion conveyed in Deed recorder_ November 21, 1989 in Book 1249 as Reception No. 2198008, County of Weld, State of Colorado. 3149E WPD 7 Hello