HomeMy WebLinkAbout970486.tiffTHE TOWN OF NUNN, COLORADO
OFFICE OF TOWN ATTORNEY
NUNN, COLORADO
January 27, 1997
Board of County Commissioners
Weld County, Colorado
Centennial Building
Greeley, CO 80631
RE: Bellmore Annexation to Town of Nunn
Dear Commissioners:
Reply To.
Charles S. Unfug
Attorney at Law
128 North 2nd Street
LaSalle. Colorado 80645
Phone: (970)284-6994
Pursuant to C.R.S. §31-12-108.5, enclosed please find the
following regarding the proposed Bellmore Annexation to the Town
of Nunn:
1. Annexation Impact Report.
2. Preliminary Draft of Annexation Agreement.
3. Copy of Zoning Map for the Town of Nunn.
Please have an appropriate member of your staff contact me
if you have any questions. I have previously worked with Shani
Easton in the Planning Department regarding the Town of Nunn, and
she attended a public hearing held in Nunn last year regarding
planning issues, and so is familiar with the area. The public
hearing on this annexation is set for 7:00 p.m., February 20,
1997.
Very truly yours,
4,C1/4_
arles S.
Unfug
Attorney at Law
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TOWN OF NUNN
BELLMORE ANNEXATION
ANNEXATION IMPACT REPORT
This Annexation Impact Report is prepared by the Town of
Nunn regarding the proposed Bellmore annexation of the real
property located west of County Road 29 and south of County Road
100 (Parcel 1), and located west of U. S. Highway 85 and north of
County Road 100 (Parcel 2), being more particularly described as
follows:
Parcel 1:
All of the E1/2 Section 32, Township 9 North, Range 66 West
of the 6th P.M., Weld County, Colorado, except a parcel of 5
acres (Reception No. 1711988) and except a parcel of 1.30854
acres (Reception No. 1623071).
Parcel 2:
The SW1/4 of Section 28, Township 9 North, Range 66 West of
the 6th P.M., County of Weld, State of Colorado.
EXCEPT a parcel conveyed to The Greeley Poudre Irrigation
District in Deed recorded May 3, 1911 in Book 335 at
Page 396.
EXCEPT a parcel conveyed in Warranty Deed recorded
April 1, 1931 in Book 911 at Page 282.
EXCEPT a parcel conveyed in Warranty Deed recorded May 16,
1955 in Book 1419 at Page 134.
EXCEPT a parcel conveyed to the Department of Highways,
State of Colorado, in Deed recorded October 6, 1960 in
Book 1568 at Page 243.
The land proposed to be annexed is owned by Leroy A.
Bellmore and Peggy J. Bellmore. Such land is contiguous to the
Town of Nunn.
A. Mao of the Town of Nunn and adiacent territory is attached
hereto showing the following:
1. The present and proposed boundaries of the municipality
in the vicinity of the proposed annexation.
2. The present streets and major trunk water mains, and
other utility lines and ditches. The Town of Nunn has no sewer
service.
3. The proposed extension of streets and utility lines in
the vicinity of the proposed annexation is not an issue. There
are existing streets (County Road 29 and County Road 100) which
serve such property, and the placement of additional streets into
the property to be annexed is a matter for future determination.
Likewise there are existing utility lines (not provided by Town
of Nunn) which serve the property.
4. The existing and proposed land use pattern in the areas
to be annexed. The Bellmores are proposing that Parcel 1 be
zoned Agricultural, and Parcel 2 be zoned Industrial. This is
consistent with the adjacent zoning in the Town of Nunn. The
land in Town adjacent to Parcel 1 is zoned Agricultural.
Parcel 2 fronts on U. S. Highway 85 to the East, and zoning it
Industrial would be consistent with the existing zoning in Town
along the Highway 85 - Railroad corridor.
B. Annexation Agreement.
The Annexation Agreement has not yet been finalized, but a
draft will be available at the public hearing to be held on
February 20, 1997.
C. Plans for extending or otherwise providing for municipal
services.
Water service will be extended into the area to be annexed
upon application for such and payment of tap fees. The Town has
already approved the issuance of one (1) water tap for the
Bellmore's personal residence on Parcel 1 and the construction of
a 6 -inch water line. Fire protection is already being provided
to the property by the Nunn Fire Protection District, and will
continue to be so provided. Other services such as maintenance
of any future streets in future development of the parcels would
be provided in normal course of events by the Town.
D. Plan for financing of extension of municipal services.
Any further extension of water service will be by payment of
tap fees, and by payment by the landowner for extension of
any lines within the property.
E. Existing districts within the area to be annexed.
The area to be annexed is within the following existing
districts:
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Nunn Fire Protection District
School District RE -9
Northern Colorado Water Conservancy District
North Weld County Water District
F. Effect of annexation upon local school district systems.
It is anticipated that the annexation will have no immediate
effect upon the local public school system, as the area to be
annexed is already in School District RE -9.
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TOWNSI
ANNEXATION AGREEMENT
TIIIS ANNEXATION AGRIL.1II,11:NT is made and entered into this day of
1997, between the TOWN OF NUNN, COLORADO, a Colorado
municipal corporation, hereinafter referred to as the "Town," and LEROY A.
BELLMORE and PEGGY .1. IIELLMORE, hereinafter referred to as the
"Landowner"
RECITA.S:
The following recitals are a material part of this Annexation Agreement
(the "Agreement"). •
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A. Landowner is the owner of property more fully described' on Exhibit A
attached hereto (the "Property")
B. Landowner has determined that it is desirable for the future development
of the Property to annex to the Town and has contemporaneously with this Agreement
filed a Petition to annex the Property (the "Petition") to the Town; and the Petition is
on file with the Town Clerk.
C. The Town desires to approve and accept the Petition for Annexation and
to armex the Property to the Town .
D. The Town intends to approve and accept the Petition for Annexation to
armex the Property into the Town
E. The Landowner and the Town desitc to establish conditions with regard
to the use of the Property and to provide for zoning of the Properly and certain
requirements for the subsequent development of the Property.
F. The parties agree that this annexation shall not create any additional costs
or impose any additional burden on the existing residents of the Town, and all costs
associated with providing facilities and services to the Property shall be borne by the
Landowner,
NOW, THEREFORE, the parties agree as follows:
I. Pursuant to §31-12-108.5, U.1t.S., an annexation impact report shall be
prepared by the Town and copies will be distributed in accordance with the
requirements of the aforesaid statute,
2. Pursuant to §31-12-115, CR.3., the Property shall be zoned within ninety
clays of the effective date of the annexation ordinance as provided in the Agreement.
Landowner may request that the Plan be amended at any time, and the Town shall
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permit such arrlelldllrent as proposed to. 1_ audc.otter, including any change in zoning
district proposed by the amendment.
3. The Town has received a plan related to the development of the Property,
and a copy of the attached to this Agreement as h.xhibit "I3" attached hereto (the
"Plan").
4. Subject to the terms and conditions of this Agreement, the Town agrees
to allow development of the Property in phases. Prior to the development of any portion
of the Property, a development agreement shall be in place which shall in part address
the dedication and improvement of roads including signage and traffic control, the
installation and maintenance of water and sewer services and related facilities, and the
installation and maintenance of storm drainage facilities in accordance with this
Agreement.
5. Landowner shall install water improvements to serve the Property. The
Town shall be obligated to provide sufficient water service to the Property and the
Town shall be required to maintain improvements for water service once installed. The
Town agrees to accept shares of the North Pouche Inigation Company for any raw
water contribution requirement for provision of water taps to the Property. It is the
intention of llie Landowner that sanitary sewer se; vice for the Property will be provided
by the Town, or by a sewer district which .will be established to serve the Property and
other areas in and surrounding the "[own, the "[own shall take all necessary action to
form such a sewer district, or to provide sufficient sanitary sewer service for the Town
and the Property within three years after the date of annexation of fire Property. The
Town shall take all necessary action to permit water and sanitary sewer service by the
applicable utility to the Property. All water and sanitary sewer service shall be
constructed in accordance with applicable Town ordinances, rules, regulations, and
engineering specifications as may be in effect at the time of development, which shall
be no more costly or restrictive thla t those applicable to the Town's water or sanitary
sewer systems. Landowner will pay only the costs associated with obtaining water and
sanitary sewer service for the Property and the Town will obtain all necessary
easements for construction and maintenance of any sewer or water improvements.
fi. Landowner shall construct such storm drainage improvements as are
required by any applicable Town ordinances, rules, regulations and engineering
specifications in effect at the time the development occurs and shall further dedicate all
necessary rights -of -way for storm sewers to setae property being developed. The
Town shall be obligated to provide storm drainage improvements for that portion that
is not on the Property. The Town will accept ownership and maintenance of any storm
drainage improvements constructed by Landowner.
7. In order to 1%tcilitate cousttut.tuara of subdivision improvements, the Town
will consider the creation of one or mote districts, including but not limited to, special
districts, general improvement districts, and metropolitan districts, The Town agrees
to designate the Property as an enterprise zone under applicable state law.
8. As of the date of this Agreement the Property is being used for agricultural
purposes. The Property may continue to be used for agricultural purposes including
grazing livestock and maintenance of fences (including barbed wire fences) until a
development plan or subdivision has been approved and a building permit has been
issued for nonagricultural improvements pursuant to the development plan or in the
subdivision for construction on that portion of the Property.
9. If the annexation of the Property, er any portion (hereof, is challenged by
a referendum, all provisions of this Agreement, together with the duties and obligations
of each party, including payment of all taxes, fees and charges of any kind or nature,
directly or indirectly imposed by the Town and enforcement of all Town ordinances on
the Property shall be suspended, immediately upon filing of the referendum, pending
the outcome of the referendum election. If the referendum challenge results in
disconnection of all or any portion of the Property from the Town, then this Agreement
and all provisions contained herein shall be null and void ab initin and have no further
effect. If the referendum challenge (-ails, then Landowner and the "Fown shall continue
to be bound by all the tents and conditions of this Annexation Agreement. The period
of suspension of this Agreement shall end can the date the annexation ordinance is no
longer subject to further legal challenge. Upon such disconnection, the. Town shall have
no further obligations or responsibilities as to such disconnected properly, and the
Landowner shall have no further obligation to the Town.
10. The Landowner has petitioned for annexation upon the expectation and
agreement of the Town that the Town will zone the Property in accordance with the
uses of the Property described in the Plant for the Pr operty or in the Annexation Petition
for the Property. If zoning is not finally apps tied by appropriate ordinance within
ninety clays after the date the annexation ordinance becomes final and is no longer
subject to further legal challenge, the Town will upon the request of the Landowner
proceed to enact an ordinance disconucc;ing the Property from the Town. Upon such
disconnection, the Town shall have no 1iuthe! obligations or responsibilities as to such
disconnected propetty; and the Lane?wner shall have no further obligations or
responsibilities to the 'town.
11. The patties recognize that it is the intent of the landowner to develop the
Property in a manner generally c; insistent with the Plan and annexation petition. The
subsequent granting of such zoning by the. Tenter to the Property is a condition of the
annexation of the Property'. The initial cram of tine requested zoning shall not be
changed by die Town, without l..rundoc. a .t'>; cunseut, for tin veal s. In the event any
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ordinance becomes effective in the l o\+ n within filly years atter the effective date of
the annexation ordiirrutce, and such ordinance: alters or limits Landowner's right to use
the Property as contemplated by this Agreement, then the 'town, upon the written
request of Landowner, wilt proceed to take all necessary action to immediately
disconnect the Property from the Town's boundaries.
12. Except as set forth in this Agreement, the Property shall be subject to the
police power and legislative authority of the Mown, after final annexation of the
Property.
13: This Agreement shall be specifically enforceable by a court of competent
jurisdiction. In the event of a breach of any provision of this Agreement, the
nonbreaching party may ask a cow t of competent jurisdiction to enter a writ of
mandamus, temporary or permanent restraining orders, temporary or permanent
injunctions, or orders of specific performance to compel the breaching party to perform
its duties under this Agreement and to grunt such other relief as may be accorded by
law, it being the intent of this provision to supplement the general or common law of
remedies. The parties agree to sign any further documents rcasou,:rbly required by
Landowner or the Town to carry out the teuiis of this Agreement. This Agreement and
any atnendruents to this Agreement shall be recottied with the Weld County Clerk and
Recorder and shall be binding upon and inure to the benefit of the heirs, transferees,
successors, and assigns of the Landowner and the Property. Upon conveyance of all
or any portion of the Property by an Landownei, the successor in interest shall be
substituted for the Landowner under tlh.is Alpeemetit; and the former l .andowner shall
be released from all duties and liability under thus Agreement. This Agreement shall
constitute a covenant running with the title to the Property. This Agreement represents
the entire agreement between the pm tic:;. Any amendments to this Agreement to be
effective shall be in writing.
I4. This Agreement shall be null and void if the Town fails to approve the
annexation of the Property on or belbic A,tail_.3Q.._I.222. If Landowner properly
disconnects all or any portion of the Property as provided for herein, this Agreement
shall be null and void as to such Landowner, and such Property.
IN WITNESS WHEREOF, the parties hereto have executed this Annexation
Agreement the day and year first written above
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1O1S N OF NUNN, COLORADO
fly:
Mayor
ATTEST:
'bowl] Clerk
LEROY AA, BELLMORE
PEGGY J. !IF.i,LMOltE
C:\OFTICEVILLLMOREVIELLMOR.E M.X
EX1111411' "A"
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ANNEXATION ACREEMENT
TOWN OF' 1 UNN, COLORADO
LEROY A. BELLMORE AN1? PEGGY ,1. BELLMORE
PARCEL 1
All of the E'/i Section 32, Township 9 North, Range 66 West of the 6th P.M., Weld
County, Colorado, except a parcel of 5 acres (Reception No. 171 1988) and except a
parcel of 1.30854 acres (Reception No. 1623071)
PARCEL 2
The SW1/4 of Section 28, Township 9 ;quill', Range 66 West of the 6th P.M., County
of Weld, State of Colorado
EXCEPT a parcel conveyed to The Greeley Poodle irrigation District in Deed recorded
May 3, 1911 in Book 335 at Page 396.
EXCEPT a parcel conveyed in Warr wily Deed recorded April 1, 1931 in Book 911 at
Page 282.
EXCEPT a parcel conveyed in Warranty Deed recorded May 16, 1955 in Book 1419
at Page 134.
EXCEPT a parcel conveyed to the Department of! lighways, State of Colorado in Deed
recorded October 6, 1960 in Book 1568 at Page 243.
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