HomeMy WebLinkAbout992387.tiff Firestone l l
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In Motion September 15, 1999
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Clerk of the Weld County Board Frederick Area Fire
of County Commissioners Protection District
P.O. Box 758 31 Walnut
Greeley, CO 80632 Frederick, CO 80530
Bruce Barker, Esq. Tri-Area Ambulance District
Weld County Attorney 350 4th Street
915 10th Street P.O. Box 708
Greeley, CO 80632 Frederick, CO 80530
St. Vrain Sanitation District Town of Frederick
515 Kimbark Street, #109 P.O. Box 435
Longmont, CO 80501 Frederick, CO 80530
St. Vrain Valley School District City of Dacono
395 South Pratt Parkway P.O. Box 186
Longmont, CO 80501-6499 Dacono, CO 80514
Central Weld County Water District Weld Library District
2235 2nd Avenue 2227 23rd Avenue
Greeley, CO 80631 Greeley, CO 80631
Carbon Valley Recreation District Left Hand Water District
P.O. Box 119 P.O. Box 210
Frederick, CO 80530 Niwot, CO 80544
St. Vrain and Left Hand Water Weld County Tri-Area
Conservancy District Sanitation District
9595 Nelson Rd, Box C P.O. Box 213
Longmont, CO 80501 Frederick, CO 80530
Northern Colorado Water Mountain View Fire
Conservancy District Protection District
P.O. Box 679 9119 County Line Rd.
Loveland, CO 80539 Longmont, CO 80501
Dear Sir or Madam:
Enclosed please find a notification fora proposed annexation to the Town
of Firestone, Colorado, to be known as the Del Camino Junction
Annexation. The Public Hearing on the proposed annexation is scheduled
for Thursday, October 14, 1999, at 7 :30 p.m. , as described in the
enclosed Resolution No. 99-27 . Also enclosed is a copy of the Petition
for Annexation as filed and the notice published in the Farmer & Miner
Newspaper on September 15 and 29 and the Longmont Times-Call on September
14, 21 and 28, and October 5.
TOWN OF FIRESTONE, COLORADO
T.L. Peterson
Town Clerk/Administrator
pUt- 150 Buchanan P.O. Box 100 Firestone, Colorado 80520
(303) 833-3291 Fax (303) 833-4863 1 �,
_.27-99 pc PL, PEA), CA, CA4, 60 )(C- 992387
RESOLUTION NO. /29-077 FAX
A. RESOLUTION FINDING
ANNEXATION PETITION FILED WITH COMPLIANCE
THE TOWNOF FIREST FIRESTONE,
TION TO
TONE ODTOWN OF FIRESTONE,IRESTONE,,EL CAMIO AND SETTINGJUNCTION I
APUBLC�HEARING
THEREON.
WHEREAS, a petition for annexation of certain property to be
known as the Del Camino Junction Annexation has been filed with the
Town Clerk of the Town of Firestone, Colorado, and referred to the
Board of Trustees of the Tn
for aw; and
a determination of substantial
compliance with applicable
WHEREAS, the Board of Trustees has reviewed the petition; and
WHEREAS, the Board of .Trustees wishes to permit simultaneous
consideration of the subject property for annexation and zoning, if
requested in the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and
desires to adopt by Resolution its findings in regard to the
petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1 . The petition, the legal description for which
is attached hereto as Exhibit A and incorporateda le eans o herein y
reference, is in substantial compliance with the app
f
the State of Colorado .
Section 2 . No election is required under §31-12-107 (2) ,
C.R. S.
Section 3 . No additional terms and conditions are to be
imposed except any provided for in the petition.
Section 4 . The Board of Trustees will hold a public
hearing for the purpose of determining if the proposed annexation
complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S . , and
will hold a public hearing to determine the appropriate zoning of
the subject property, if requested in the petition, at the
Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado
80520, on Thursday, October 14, 1999, at 7 : 30 P.M.
1
Section 5 . Any person may appear at such hearing and
present evidence relative to the proposed annexation, or the
proposed zoning if requested in the petition.
Section 6. Upon completion of the hearing, the Board of
Trustees will set forth, by resolution, its findings and
conclusions with reference to the eligibility of the proposed
annexation, and whether the statutory requirements for the proposed
annexation have been met, and
t further,
ar er
t , if will determine
e the
the
appropriate zoning of the subj
petition.
Section 7 . If the Board of Trustees concludes, by
resolution, that all statutory requirements have' been met and that
the proposed annexation is proper under the laws of the State of
Colorado, the Board of Trustees may pass one or more ordinances
annexing the subject property to the Town of Firestone, and will
pass one or more ordinances zoning the subject property if
requested in the petition.
INTRODUCED, READ, and ADOPTED this 9th day of September, 1999.
-terson
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'C'. LY
ATTEST:
d
T . . Peterson UN7Y,o
Town Clerk
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EXHIBIT A - LEGAL DESCRIPTION
DEL CAMINO JUNCTION ANNEXATION
Lot A Emended Recorded Exemption No. 1313-2-3-RE730 recorded in
nook 1152, Reception No. 2095052;
Together with:
Lot 1 Ft. Junction PUD First Filing recorded at Book 1445,
Reception No . 02391966;
Excepting I-25 right of way as shown on Project No. IR-IM(CX)
025-3 ( 110) .
Located in the southwest one quarter of Section 2, Township 2
North, Range 68 West, County of Weld, State of Colorado.
Containing 43 .744 acres, more or less .
TOGETHER WITH:
That portion of I-25 right of way as shown on Project No. IR-
IM (CX) 025-3 (110) located in the southwest one quarter of
Section 2, Township 2 North, Range 68 West, County of Weld,
State of Colorado described as follows :
BEGINNING at that corner annotated as STA. 119+070 RT. of said
I-25 right of way from which the southeast corner of the west
one half of the southwest one quarter of said Section 2 bears S
34°54 ' 06 " E a distance of 1445 . 57 feet;
Thence S46°17 ' 44 " E, along said right of way, a distance of
559 .73 feet;
Thence along a curve to the right, along said right of way, a
distance of 179. 01 feet, said curve having a radius of 756.18
feet, a delta angle of 13°33 ' 50 " , and a chord which bears S
39°30' 49" E a distance of 178 . 60 feet;
Thence S 89°47 ' 12 " E, a distance of 148 . 09 feet to a point of
non-tangent curvature;
Thence along a curve to the left, along said right of way, a
distance of 289. 95 feet, said curve having a radius of 884 . 13
feet, a delta angle of 18°47 ' 25" , and a chord which bears N
36°54' 01" W a distance of 288 . 66 feet;
Thence N 46°17 ' 44 " W, along said right of way, a distance of
299 . 56 feet;
Thence N 40°35' 06" W, along said right of way, a distance of
65. 94 feet;
Thence N 46°17 ' 44 " W, along said right of way, a distance of
239 . 81 feet;
Thence along a curve to the right, along said right of way, a
distance of 641 .76 feet, said curve having a radius of 882 .75
feet, a delta angle of 41°39' 15" , and a chord which bears N
25°28 ' 06" W a distance of 627 . 72 feet;
Thence N 04°38 ' 30 " W, along said right of way, a distance of
697 . 97 feet;
Thence N 40°18 ' 15 " E, along said right of way, a distance of
85 . 22 feet; a distance of
Thence N 00°23'29" E, along said right of way,
30 . 00 feet to the north line of the southwest one quarter of
said Section 2;
Thence N 89°36' 31 " W, along said north line, a distance of
135 . 53 feet;
Thence S 04°38 ' 30 " E a distance of 800 . 06 feet;
Thence along a curve to the left a distance of 694 . 23 feet, said
curve having a radius of 954 . 93 feet, a delta angle of
41° 39' 15" , and a chord which bears S 25°28 ' 06" .E a distance of
679 . 05 feet to a point of non-tangency;
Thence S 07°43' 25" W a distance of 77 . 03 feet to the POINT OF
BEGINNING.
Containing 4. 991 acres, more or less .
TOGETHER WITH:
That portion of the west one half of the southwest one quarter
of Section 2, Township 2 North, Range 68 West, County of Weld,
State of Colorado described as follows:
Commencing at the southeast corner of the west one half of the
southwest one quarter of said Section 2; Thence N 07°08' 57 " W a
distance of 172 . 88 feet to a point on I-25 right of way as shown
on Project No . IR-IM(CX) 025-3 (110) and the POINT OF BEGINNING;
Thence N 01°22 ' 47 " E, along the east line of Lot A Amended
Recorded Exemption No. 1313-2-3-RE730 and Lot 1 FT . Junction PUD
First Filing, a distance of 2012 .43 feet to a point on the east
line of the west one half of the southwest one quarter of said
Section 2;
Thence S 00°42 ' 25" W, along said east line, a distance of
2033 . 97 feet to said I-25 right of way;
Thence N 46°45' 03" W, along said I-25 right of way, a distance
of 32 . 07 feet to the POINT OF BEGINNING.
Containing 0 . 552 acres, more or less .
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the Town
of Firestone and its Board of Trustees for annexation to the Town of Firestone of the
unincorporated territory, the legal description of which is attached hereto as Exhibit A and
incorporated herein by this reference, located in the County of Weld and the State of Colorado,
and to be known as the Del Camino Junction Annexation to the Town of Firestone.
As part of this petition, your petitioners further state to the Board of Trustees that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed
to the Town of Firestone.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., 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 is contiguous with the Town of Firestone or will be contiguous
with the Town of Firestone within such time as required by
Section 31-12-104.
b. A community of interest exists between the area proposed to be annexed
and the Town of Firestone.
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 Firestone.
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, whether consisting of one tact or parcel of
real estate or two or more contiguous tracts or parcels of real estate,
comprises twenty acres or more, and which, together with the buildings
and improvements situated thereon, has an assessed value ha excess of
two hundred thousand dollars ($200,000.00) for ad valorem tax purposes
for the year next preceding the annexation, has been included within the
CAR\56389\324:19.01
area proposed to be 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 Firestone more than
three miles in any direction from any point of the boundary of the Town
of Firestone in any one year.
j. The territory proposed to be annexed is 43.744 acres in total area.
k. Prior to completion of the annexation of the area proposed to be
annexed, a plan will be in place, pursuant to Section 31-12-105(l)(e),
C.R.S., 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 Firestone; and
the proposed land uses for the area; such plan to be updated at least once
annually.
1. In establishing the boundary of the area 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 area annexed, and
reasonable access will not be denied to any landowners, owners of any
easement, or the owners of any franchise adjoining any platted street or
alley which is to be annexed to the Town of Firestone but is not bounded
on both sides by the Town of Firestone.
m. If required, an impact report will be prepared and filed pursuant to
Section 31-12-108.5, C.R.S.
3. The owners of more than fifty percent of the area proposed to be annexed,
exclusive of dedicated streets and alleys, and comprising more than fifty percent
of the landowners of the area proposed to be annexed, 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
following information:
CAK\56489\324419.01 2
a. A written legal description of the boundaries of the area proposed to be
annexed;
b. A map showing the boundary of the area proposed to be annexed, said
map prepared by 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 Firestone 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, resolutions, rules,
and regulations of the Town of Firestone, except for general property taxes of
the Town of Firestone, which shall become effective as of the January 1 next
ensuing.
6. The zoning classification requested for the area proposed to be annexed is
Planned Unit Development.
7. It is anticipated that an annexation agreement relating to this annexation will be
executed by Petitioner and the Town on or before the date of the public hearing
to be held by the Board of Trustees on this Petition. The provisions of said
annexation agreement shall supersede and control any conflicting provisions of
this Petition. Petitioner reserves the right to withdraw this Petition if Petitioner
and the Town are unable, notwithstanding their mutual good-faith efforts, to
negotiate and execute an annexation agreement.
WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the Town of Firestone, acting through its Board of Trustees, approve
the annexation of the area proposed to be annexed:
CAK\56489\324411).01 3
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EXHIBIT A - LEGAL DESCRIPTION:
DEL CAMINO JUNCTION ANNEXATION
Lot A Amended Recorded Exemption No . 1313-2-3-RE730 recorded in
Book 1152, Reception No. 2095052;
Together with:
Lot 1 Ft . Junction PUD First Filing recorded at Book 1445,
Reception No . 02391966;
Excepting I-25 right of way as shown on Project No . IR-IM (CX) 025-
3 (110) .
Located in the southwest one quarter of Section 2, Township 2
North, Range 68 West, County of Weld, State of Colorado.
Containing 43 . 744 acres, more or less .
TOGETHER WITH:
That portion of I-25 right of way as shown on Project No. IR-IM (CX)
025-3 (110) located in the southwest one quarter of Section 2,
Township 2 North, Range 68 West, County of Weld, State of Colorado
described as follows :
BEGINNING at that corner annotated as STA. 119+070 RT. of said 1-25
right of way from which the southeast corner of the west one half
of the southwest one quarter of said Section 2 bears S 34°54 ' 06"
E a distance of 1445. 57 feet;
Thence S46°17 ' 44 " E, along said right of way, a distance of 559.73
feet;
Thence along a curve to the right, along said right of way, a
distance of 179.01 feet, said curve having a radius of 756. 18 feet,
a delta angle of 13°33 ' 50 " , and a chord which bears S 39°30 ' 49 "
E a distance of 178 . 60 feet;
Thence S 89°47 ' 12" E, a distance of 148 .09 feet to a point of non-
tangent curvature;
Thence along a curve to the left, along said right of way, a
distance of 289.95 feet, said curve having a radius of 884 . 13 feet,
a delta angle of 18°47 ' 25" , and a chord which bears N 36°54 ' 01 "
W a distance of 288 . 66 feet;
Thence N 46°17 ' 44 " W, along said right of way, a distance of
299 . 56 feet;
Thence N 40°35' 06" W, along said right of way, a distance of 65. 94
feet;
Thence N 46°17 ' 44 " W, along said right of way, a distance of
239 . 81 feet;
Thence along a curve to the right, along said right of way, a
distance of 641 .76 feet, said curve having a radius of 882 .75 feet,
a delta angle of 41°39 ' 15 " , and a chord which bears N 25°28 ' 06"
5
W a distance of 627 . 72 feet;
Thence N 04°38 ' 30 " W, along said right of way, a distance of
697 . 97 feet;
Thence N 40°18 ' 15" E, along said right of way, a distance of 85.22
feet;
Thence N 00°23 ' 29" E, along said right of way, a distance of 30. 00
feet to the north line of the southwest one quarter of said Section
2;
Thence N 89°36' 31 " W, along said north line, a distance of 135 . 53
feet;
Thence S 04°38 ' 30 " E a distance of 800 . 06 feet;
Thence along a curve to the left a distance of 694 . 23 feet, said
curve having a radius of 954 . 93 feet, a delta angle of 41°39' 15" ,
and a chord which bears S 25°28 ' 06" E a distance of 679. 05 feet to
a point of non-tangency;
Thence S 07°43 ' 25" W a distance of 77 . 03 feet to the POINT OF
BEGINNING.
Containing 4 . 991 acres, more or less .
TOGETHER WITH:
That portion of the west one half of the southwest one quarter of
Section 2, Township 2 North, Range 68 West, County of Weld, State
of Colorado described as follows :
Commencing at the southeast corner of the west one half of the
southwest one quarter of said Section 2; Thence N 07°08 ' 57 " W a
distance of 172 . 88 feet to a point on I-25 right of way as shown on
Project No. IR-IM (CX) 025-3 (110) and the POINT OF BEGINNING;
Thence N 01°22 ' 47 " E, along the east line of Lot A Amended
Recorded Exemption No . 1313-2-3-RE730 and Lot 1 FT . Junction PUD
First Filing, a distance of 2012 . 43 feet to a point on the east
line of the west one half of the southwest one quarter of said
Section 2;
Thence S 00°42' 25" W, along said east line, a distance of 2033 . 97
feet to said I-25 right of way;
Thence N 46°45' 03" W, along said I-25 right of way, a distance of
32 . 07 feet to the POINT OF BEGINNING.
Containing 0 . 552 acres, more or less .
6
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly
sworn upon oath, deposes and says :
That (he or she) was the circulator of the foregoing
Petition for Annexation of lands to the Town of Firestone,
Colorado, consisting of seve ' pages, including this page, and
that each signature thereon was witnessed by your affiant and is
the true signature of the person whose name it purports to be .
Cir
STATE OF COLORADO
(/ ) ss
COUNTY OF 4)
The above and foregoing Affidavit of Circulator was
subscribed and sworn to before me this 'J day of
ffp by �,•. .� T. _�., _ •
�/rflm.' �, , 1999, rQ
Witness my hand and official seal .
My commission expires on: 4'/1 //}}
,e_ yJ• Iv16H
Notary Public ,�J
(SEAL)
Cn.K\5E469\334419.01
TOWN OF FIRESTONE, COLORADO
NOTICE OF PUBLIC HEARINGS
BEFORE THE TOWN OF FIRESTONE PLANNING AND ZONING COMMISSION
ON A PROPOSED ZONING, SUBDIVISION AND DEVELOPMENT OF PROPERTY
AND
BEFORE THE TOWN OF FIRESTONE BOARD OF TRUSTEES ON A PROPOSED
ANNEXATION, ZONING, SUBDIVISION AND DEVELOPMENT OF PROPERTY
Notice is hereby given that the Planning and Zoning Commission
of the Town of Firestone will hold a Public Hearing commencing at
7 : 30 p.m. , Wednesday, October 6, 1999, at the Firestone Town Hall,
150 Buchanan Avenue, Firestone, Colorado 80520 . The purpose of the
Public Hearing is to consider a request for zoning, subdivision and
development of property proposed to be annexed to the Town and
known as the Del Camino Junction Annexation. The zoning requested
is Planned Unit Development, employment center and regional
commercial uses . The existing zoning is Weld County Planned Unit
Development (C-1, C-2, C-3, C-4 and I-i uses) .
Further Notice is hereby given that the Board of Trustees of
the Town of Firestone will hold a Public Hearing commencing at 7 : 30
p.m. , Thursday, October 14, 1999, at the Firestone Town Hall, 150
Buchanan Avenue, Firestone, Colorado 80520 . The purpose of the
Public Hearings is to determine whether certain property for which
a petition for annexation has been filed with the Town, to be known
as the Del Camino Junction Annexation to the Town of Firestone,
meets the applicable requirements of the statutes of the State of
Colorado and is eligible for annexation to the Town, to determine
the zoning for the proposed annexation, and to consider a request
for subdivision and development of such property. The zoning
requested is Planned Unit Development, employment center and
regional commercial uses . The existing zoning is Weld County
Planned Unit Development (C-1, C-2, C-3, C-4 and I-1 uses) .
Any person may appear at the Public Hearings and be heard
regarding the matters under consideration. The approximate
location of the property is the northeast corner of I-25 and Road
24 . The legal description of the property which is the subject of
annexation and zoning request is set forth below in Exhibit A.
Copies of the zoning, subdivision and development
applications, annexation petition, and resolution finding that the
annexation petition is in substantial compliance with the
applicable laws of the State of Colorado are on file and available
for public inspection in the office of the Town Clerk, 150 Buchanan
Avenue, Firestone, CO 80520, during regular business hours .
Dated the 10th day of September, 1999 .
1
TOWN OF FIRESTONE, COLORADO
T .L. Peterson
Town Clerk
Publication Dates : September 14, 21 and 28 and October 5, 1999 in
the Longmont Times Call and September 15 and 29 in the Farmer and
Miner.
RESOLUTION NO. 99-27
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE DEL CAMINO JUNCTION ANNEXATION TO
THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING
THEREON.
WHEREAS, a petition for annexation of certain property to be
known as the Del Camino Junction Annexation has been filed with the
Town Clerk of the Town of Firestone, Colorado, and referred to the
Board of Trustees of the Town for a determination of substantial
compliance with applicable law; and
WHEREAS, the Board of Trustees has reviewed the petition; and
WHEREAS, the Board of Trustees wishes to permit simultaneous
consideration of the subject property for annexation and zoning, if
requested in the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and
desires to adopt by Resolution its findings in regard to the
petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1 . The petition, the legal description for which
is attached hereto as Exhibit A and incorporated herein by
reference, is in substantial compliance with the applicable laws of
the State of Colorado.
Section 2 . No election is required under §31-12-107 (2) ,
C.R. S .
Section 3. No additional terms and conditions are to be
imposed except any provided for in the petition.
2
Section 4 . The Board of Trustees will hold a public
hearing for the purpose of determining if the proposed annexation
complies with §31-12-104, C.R. S . and with §31-12-105, C.R. S . , and
will hold a public hearing to determine the appropriate zoning of
the subject property, if requested in the petition, at the
Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado
80520, on Thursday, October 14, 1999, at 7 : 30 P.M.
Section 5. Any person may appear at such hearing and
present evidence relative to the proposed annexation, or the
proposed zoning if requested in the petition.
Section 6 . Upon completion of the hearing, the Board of
Trustees will set forth, by resolution, its findings and
conclusions with reference to the eligibility of the proposed
annexation, and whether the statutory requirements for the proposed
annexation have been met, and further, will determine the
appropriate zoning of the subject property if requested in the
petition.
Section 7 . If the Board of Trustees concludes, by
resolution, that all statutory requirements have been met and that
the proposed annexation is proper under the laws of the State of
Colorado, the Board of Trustees may pass one or more ordinances
annexing the subject property to the Town of Firestone, and will
pass one or more ordinances zoning the subject property if
requested in the petition.
INTRODUCED, READ, and ADOPTED this 9th day of September, 1999.
Rick Patterson
Mayor
ATTEST:
T .L. Peterson
Town Clerk
EXHIBIT A - LEGAL DESCRIPTION:
Lot A Amended Recorded Exemption No . 1313-2-3-RE730 recorded in
Book 1152, Reception No. 2095052;
Together with:
Lot 1 Ft. Junction PUD First Filing recorded at Book 1445,
Reception No . 02391966;
Excepting I-25 right of way as shown on Project No . IR-IM (CX) 025-
3 (110) .
Located in the southwest one quarter of Section 2, Township 2
North, Range 68 West, County of Weld, State of Colorado.
3
Containing 43 . 744 acres, more or less .
TOGETHER WITH:
That portion of I-25 right of way as shown on Project No. IR-IM(CX)
025-3 (110) located in the southwest one quarter of Section 2,
Township 2 North, Range 68 West, County of Weld, State of Colorado
described as follows :
BEGINNING at that corner annotated as STA. 119+070 RT. of said I-25
right of way from which the southeast corner of the west one half
of the southwest one quarter of said Section 2 bears S 34°54 ' 06 "
E a distance of 1445 . 57 feet;
Thence S46°17 ' 44 " E, along said right of way, a distance of 559.73
feet;
Thence along a curve to the right, along said right of way, a
distance of 179. 01 feet, said curve having a radius of 756. 18 feet,
a delta angle of 13°33 ' 50" , and a chord which bears S 39°30' 49 "
E a distance of 178 . 60 feet;
Thence S 89°47 ' 12" E, a distance of 148 . 09 feet to a point of non-
tangent curvature;
Thence along a curve to the left, along said right of way, a
distance of 289. 95 feet, said curve having a radius of 884 . 13 feet,
a delta angle of 18°47 ' 25 " , and a chord which bears N 36°54 ' 01 "
W a distance of 288 . 66 feet;
Thence N 46°17 ' 44 " W, along said right of way, a distance of
299. 56 feet;
Thence N 40°35' 06" W, along said right of way, a distance of 65.94
feet;
Thence N 46°17 ' 44 " W, along said right of way, a distance of
239 . 81 feet;
Thence along a curve to the right, along said right of way, a
distance of 641 .76 feet, said curve having a radius of 882 .75 feet,
a delta angle of 41°39' 15" , and a chord which bears N 25°28 ' 06"
W a distance of 627 .72 feet;
Thence N 04°38 ' 30" W, along said right of way, a distance of
697 . 97 feet;
Thence N 40°18 ' 15" E, along said right of way, a distance of 85.22
feet;
Thence N 00°23 ' 29" E, along said right of way, a distance of 30 . 00
feet to the north line of the southwest one quarter of said Section
2;
Thence N 89°36' 31 " W, along said north line, a distance of 135.53
feet;
Thence S 04°38 ' 30 " E a distance of 800 . 06 feet;
Thence along a curve to the left a distance of 694 . 23 feet, said
curve having a radius of 954 . 93 feet, a delta angle of 41°39' 15" ,
and a chord which bears S 25°28 ' 06" E a distance of 679. 05 feet to
4
a point of non-tangency;
Thence S 07°43 ' 25 " W a distance of 77 . 03 feet to the POINT OF
BEGINNING.
Containing 4 . 991 acres, more or less .
TOGETHER WITH:
That portion of the west one half of the southwest one quarter of
Section 2, Township 2 North, Range 68 West, County of Weld, State
of Colorado described as follows :
Commencing at the southeast corner of the west one half of the
southwest one quarter of said Section 2; Thence N 07°08 ' 57 " W a
distance of 172 . 88 feet to a point on I-25 right of way as shown on
Project No. IR-IM (CX) 025-3 (110) and the POINT OF BEGINNING;
Thence N 01°22 ' 47 " E, along the east line of Lot A Amended
Recorded Exemption No. 1313-2-3-RE730 and Lot 1 FT . Junction PUD
First Filing, a distance of 2012 . 43 feet to a point on the east
line of the west one half of the southwest one quarter of said
Section 2;
Thence S 00°42 ' 25" W, along said east line, a distance of 2033 . 97
feet to said I-25 right of way;
Thence N 46°45' 03 " W, along said I-25 right of way, a distance of
32 . 07 feet to the POINT OF BEGINNING.
Containing 0 . 552 acres, more or less .
5
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VICINITY MAP
I
'II
Annexation Impact Report
Del Camino Junction
Annexation
Town of Firestone
Weld County
Colorado
September 17, 1999
e‘?
�,� A - PLC Aka
Del Camino Junction
Annexation
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Del Camino Junction Annexation is shown on
Exhibit A. The area to be annexed includes approximately 49.278 acres of
predominately vacant land and road right-of-way in unincorporated Weld
County.
In conjunction with the proposed annexations, the zoning for the subject
property will change from Weld County C-1, C-2, C-3 and 1-1 zoning to
Town of Firestone Planned Unit Development with Regional Commercial
and Employment Center land uses. The Town Board will review the
annexation, zoning and development proposals in relation to the Town's
current land use and development policies and intergovernmental
agreements. A referral relative to the land use for the property has also
been sent to various Weld County departments for comments.
The general relationship between the property and the Firestone
Comprehensive Plan Map is shown on Exhibit B. The proposed site plan is
shown in the Outline Development Plan, overall Final Development Plan,
Preliminary Plat and Final Plat for the property (Exhibit C). This site plan,
as shown, was previously the subject of a land use case in Weld County
(Case No. S#481).
II. Municipal Services
Municipal services for The Del Camino Junction Annexation will be provided
in the following manner at the time of development of the Property:
Electricity United Power or Public Service Company
Natural Gas K-N Energy and/or Public Service Company
Telephone US West
Water Town of Firestone
Sewer St. Vrain Sanitation District
Fire Mountain View Fire Protection District
Police Firestone Police Department
Street Maintenance Town of Firestone
Prepared
September 17, 1999 1
Financing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
will be financed through impact fees, taxes, charges and/or special
improvement districts, if necessary.
There exists a 24-inch Central Weld County Water District water line that
runs along the east side of the Frontage Road that the Town will connect
to in order to serve this development. A St. Vrain Sanitation District
sanitary sewer line is located just east of the property and can be
extended to service the development.
The approximate location of existing or planned locations of transportation
facilities, water and sewer facilities and other known utilities are shown as
Exhibit D. Existing Ditches are also shown in Exhibit D. Access to the
property will have to comply to the Town's Access Code and Ordinance.
III. Special Districts
A. The area proposed to be annexed is within the following districts:
• Weld Library District
• St. Vrain Valley School District RE-1J
• Northern Colorado Water Conservancy District
• Mountain View Fire Protection District
• Central Weld County Water District
B. The area to be annexed will petition for inclusion into other special
districts, as appropriate.
IV. School District Impact
This annexation does not contain any proposed residential land uses and
thus will not generate any students. The development of this property is
expected to have a positive economic impact on the school district
because of its expected high assessed value. For general reference, the
Town has entered into an Intergovernmental Agreement concerning fair
contributions for public school sites with the St. Vrain Valley School
District RE-1J regarding residential development.
Prepared 2
September 17, 1999
V. Annexation Agreement
Although all the details of an annexation agreement between the Town and
the applicant have not been negotiated, the Town of Firestone's standard
annexation agreement is attached as Exhibit E.
VI. Intergovernmental Agreement With Weld County
The Interim Coordinated Planning Agreement Between the Town of
Firestone, Weld County, et al. is incorporated herein by reference. A
lawsuit concerning the applicability of this IGA to the property is currently
pending in Weld County District Court.
VII. Exhibits
A. Annexation Map
This map shows the contiguity of the Del Camino Junction Annexation
as well as proposed boundaries.
B. Vicinity Map (on Firestone Comprehensive Plan Map)
This map shows the general location of the proposed Annexation and
present boundaries in the vicinity.
C. Proposed Land Use Map and Site Plan
Proposed Land Use and Site Plan Map for the annexation.
D. Proposed Utility Service Map
Proposed services to the property.
E. Annexation Agreement
Firestone's Base Annexation Agreement.
Prepared
September 17, 1999 3
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I III
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 19 , by and between
hereinafter referred to as or "Owner, " and
the TOWN OF FIRESTONE, a municipal corporation of the State of
Colorado, hereinafter referred to as "Firestone" or "Town" .
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone 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 Firestone, as they may be amended from
time to time .
WHEREAS, Owner acknowledges that the need for conveyances and
dedication of certain property, including but not limited to
property for ways and easements to Firestone as contemplated in
this Agreement, are directly related to and generated by
development intended to occur within the property and that no
taking thereby will occur requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE
COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
1 . Owner agrees to execute, promptly upon request of
Firestone, any and all surveys and other documents necessary to
effect the annexation of the property and the other provisions of
this Agreement . 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
Firestone.
1
EX4t6T Fv
2 . Owner agrees to provide legal documents, surveys,
engineering work, newspaper publication, maps, and reports
determined by Firestone to be necessary to accomplish the
annexation, and agrees to pay Firestone an annexation fee in the
amount of Dollars ($ ) plus
Dollars ($ ) per acre annexed.
3 . Firestone shall act upon Exhibit "B" within six months of
the date of filing thereof with the Town Clerk, unless Owner
consents to later action.
4 . The parties recognize that it is the intent and desire of
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 Firestone is a condition to annexation of the property.
Owner shall take all action necessary to permit zoning by Firestone
of the annexed property within the time prescribed by state
statutes .
5 . Owner agrees to dedicate by General Warranty Deed or
appropriate instrument of conveyance acceptable to the Town, eight
percent of the territory to be annexed for public open space or pay
an equivalent fee in lieu of dedication, easements and rights-of-
way for streets and other public ways and for other public
purposes, as required by Town ordinances and resolutions . 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 .
6 . Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other
public ways within or adjacent to the property in accordance with
Town ordinances and resolutions and other applicable standards,
subject to any reimbursement which may be provided for in such
ordinances, resolutions, and standards, and to make such other
improvements as required by Town ordinances and resolutions, to
guarantee construction of all required improvements, and, if
requested by Firestone, to dedicate to Firestone any or all other
required improvements . If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other
matters prior to any development of the property.
7 . If requested by Firestone, Owner agrees to include the
property in one or more special improvement districts or other
mechanisms established by Firestone for making improvements to
streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town
Clerk of Firestone as Owner' s attorney-in-fact for the purpose of
executing all documents determined by Firestone to be necessary for
such inclusion. If requested by Owner, Firestone agrees to
consider the establishment of one or more special improvement
districts for making such improvements .
2
8 . Owner agrees that the design, improvement, construction,
development, and use of the property shall be in conformance with,
and that Owner shall comply with, all Town ordinances and
resolutions including, without limitation, ordinances and
resolutions pertaining to annexation, subdivision, zoning, storm
drainage, utilities, and flood control .
9 . Nothing contained 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 its inhabitants; nor shall this Agreement prohibit the
enactment or increase by the Town of any tax or fee .
10 . No right or remedy of disconnection of the property from
the Town shall accrue from this Agreement, other than that provided
by applicable state laws . In the event the property or any portion
thereof is disconnected at Owner' s request, Firestone shall have no
obligation to serve the disconnected property or portion thereof
and this Agreement shall be void and of no further force and effect
as to such property or portion thereof .
11 . The parties agree that if any part, term, portion, or
provision of this Agreement is held by a court of competent
jurisdiction to be illegal or in conflict with any law of the State
of Colorado, the validity of the remaining parts, terms, 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 the particular part, term, portion, or provision
held to be invalid.
12 . Firestone agrees to make available to the property all of
the usual municipal services in accordance with the ordinances and
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, other services] , but the property is presently
included within the boundaries of and is entitled to receive such
services from the Fire Protection District .
13 . Owner, as a prerequisite to annexation, agrees to furnish
and deliver ownership to the Town the minimum water rights as
required under Section of the Firestone Municipal
Code . Owner represents to the Town that the Northern Colorado
Water Conservancy District water shares or other water shares
acceptable to the Town listed on Exhibit "C" , attached hereto and
incorporated herein by this reference, constitute all of the water
rights appurtenant to the Subject Property. In accordance with
Section of the Firestone Municipal Code, Owner has
3
offered to sell to the Town at current fair market value all such
appurtenant water rights remaining after furnishing the Town with
the minimum water rights required by said section.
14 . [Leave blank for special provisions. ]
15 . The parties agree that they will cooperate with one
another in accomplishing the terms, conditions, and provisions of
the Agreement, and will execute such additional documents as
necessary to effectuate the same.
16 . This Agreement may be amended by the Town and any 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 County Clerk of
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 . Except as otherwise provided herein,
this Agreement shall not be amended unless approved in writing by
all parties hereto.
17 . This Agreement embodies the entire agreement of the
parties . There are no promises, terms, conditions, or obligations
other than those contained herein; and this Agreement supersedes
all previous communications, representations, or agreements, either
verbal or written, between the parties .
18 . Owner agrees to indemnify and hold harmless the Town and
the Town' s officers, employees, agents, and contractors, from and
against all liability, claims, and demands, including attorneys'
fees and court costs, which arise out of or are in any manner
connected with the annexation of the property, 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 Firestone' 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 attorneys' fees for defense counsel of the
Town' s choice for, any such liability, claims, or demands .
19 . As used in this Agreement, the term "Owner" shall include
any of the heirs, transferees, successors, or assigns of Owner, and
all such parties shall have the right to enforce this Agreement,
and shall be subject to the terms of this Agreement, as if they
were the original parties thereto.
20 . As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town
ordinance, resolution, or policy is intended to refer to any
4
subsequent amendments or revisions to such ordinance, resolution,
or policy, and the parties agree that such amendments or revisions
shall be binding upon Owner.
21 . This Agreement shall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof,
and shall constitute covenants running with the land. This
Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner' s expense. Subject to the conditions precedent
herein, this Agreement may be enforced in any court of competent
jurisdiction.
22 . This Agreement shall be null and void if the Town fails
to approve the annexation of the property.
23 . The Owner acknowledges that the annexation and zoning of
the property are subject to the legislative discretion of the Board
of Trustees of the Town of Firestone . No assurances of annexation
or zoning have been made or relied upon by Owner. In the event
that, in the exercise of its legislative discretion, any action
with respect to the property herein contemplated is not taken, 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 from the
Town in accordance with state law, as may be appropriate .
OWNER
By:
By:
TOWN OF FIRESTONE
By:
Rick Patterson, Mayor
ATTEST:
Trudy Peterson, Town Clerk
5
ACKNOWLEDGEMENT
STATE OF COLORADO
) ss
COUNTY OF
The above and foregoing signature of
was subscribed and sworn to before me this day of
, 19
Witness my hand and official seal .
My commission expires on:
(SEAL)
ACKNOWLEDGEMENT
STATE OF COLORADO
) ss
COUNTY OF
The above and foregoing signature of
was subscribed and sworn to before me this day of
, 19
Witness my hand and official seal .
My commission expires on:
(SEAL)
032896/1231(sar)c:fireston\forms\annex.agm
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H 9 E Ri et�\
6T`
Oq g9pR 5 W �6B8A V� R y ,
¢i6 d to F
ffl 00 -80 0k,i01
� r56▪,a ,ds ebI � 8,,;n, 4. 8-Inch
f° a tHt* +F a , Sanitary Sewer
II A i or* Ito.s (existing)2r41a °
�y- , e ', i Existing Rural Ditch
oda � , � Easement
Telephone, Gas Town of
��.
and Power all in .--'r" i Firestone
_.4'
close proximity 24-Inch Existing
Central Weld Water
Line
Town of =
Firestone
WCR 24
Firestone Boulevard
Service Utility Map
Transportation,Water and Sewer
/\ and Other Utilities
NORTH
Not To Scale
Schematic:All Locations
Approximate
Exhibit D
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