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ANNEXATION IMPACT REPORT
FINLEY ANNEXATION TO THE
TOWN OF FREDERICK, COLORADO
March 22, 1996
Prepared by:
Richard E. Samson
Attorney for the Town of Frederick
P.O. Box 1079
Longmont, CO 80502
fi G ke-WCtLU� 960683
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I. PROJECT DESCRIPTION
The proposed Finley Annexation is shown on the enclosed annexation map. The area to be
annexed includes 79.813 acres of land, more or less. The legal description is attached as Exhibit
A. The zoning classification requested for the area proposed to be annexed is A-1 Agricultural.
The proposed annexation will be for the development of a 9-hole golf course and driving
range. There will be residential development in the center of the parcel as indicated on the concept
map, attached as Exhibit B. In addition to the existing home, there will be a total of 20 homes built
on lots that will be approximately one acre in size.
II. MUNICIPAL SERVICES
Municipal services for the Finley Annexation will be provided in the following manner:
Electricity-United Power
Gas - KN Energy Co.
Telephone -U.S. West Communications
Water-Central Weld Water District
Sewer- On-site septic system
Fire Protection-Frederick Area Fire Protection District
Police- Frederick Police Department
The financing of municipal services, to the extent that any are used, will be addressed in
future subdivision improvement agreements.
A draft of the Annexation Agreement is attached as Exhibit C. It is being negotiated and is
not as yet available in final form.
III. SPECIAL DISTRICTS
The area to be annexed is included within the following special districts:
Northern Colorado Water Conservancy District
Central Weld Water District
Tri-Area Sanitation District
Frederick Area Fire Protection District
St. Vrain Valley School District RE-1J
Carbon Valley Recreation District
Tri-Area Ambulance District
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IV. SCHOOL DISTRICT IMPACT
It is anticipated that the annexation will bring a benefit to the St. Vrain Valley School
District RE-1J due to an increase in valuation.
The maximum school impact is anticipated to be the following:
Elementary(K through 6th grade) 7
Middle/Senior(7th through 12th grade) 6
Total children at.63 per household 13
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EXHIBIT A
FINLEY ANNEXATION
LEGAL DESCRIPTION
The East Half of the Northeast Quarter of Section 24,Township 2
North, Range 68 West of the 6th Principal Meridian,except that
portion conveyed by deed recorded August 4, 1978, in Book 840 at
Reception No. 1762455, County of Weld, State of Colorado.
Together with:
The West 30 feet of the Northwest 1/4 of Section 19,Township 2
North, Range 67 West,
and
The West 30 feet of the South 30 feet of the Southwest 1/4 of
Section 18, Township 2 North, Range 67 West,
and
The South 30 feet of the East 1/2 of the Southeast 1/4 of Section 13,
Township 2 North, Range 68 West of the 6th P.M., County of
Weld, State of Colorado.
EXHIBIT B
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EXHIBIT C DRAFT
ANNEXATION AGREEMENT
THIS AGREEMENT, made and entered into this day of , 1996, by
and between the TOWN OF FREDERICK, a municipal corporation, hereafter referred to as TOWN,
and Robbie J. Finley, Kimberly K. Finley, Leah P. Finley and Jack W. Finley, or their successors
or assigns, hereafter referred to as ANNEXORS.
WITNESSETH:
WHEREAS, the ANNEXORS have applied to the TOWN for annexation of certain real
property owned by the ANNEXORS, to wit
See legal description in Exhibit A
attached hereto and made a part hereof, and
WHEREAS, the TOWN wishes to control its growth in a planned and orderly fashion,
maintaining and improving quality of life and the TOWN's ability to provide and enhance
environmental amenities, services and local opportunity for its citizens; and,
WHEREAS, the ANNEXORS wish to develop the subject property for uses compatible with
their objectives and those of the TOWN; and
WHEREAS, the parties mutually recognize and agree that it is necessary and desirable for
orderly development that the TOWN be the source of necessary urban services for property to be
developed, such as police protection, and local government administration, and further agree that it
is in the public interest of the parties hereto to enter into a written agreement as to the overall plan
of development, including location and dedication of public ways and public areas, zoning,
dedication of water rights, and location and payment regarding roads, utilities and other
improvements;
NOW, THEREFORE, in consideration of the foregoing covenants, promises and agreements
of each of the parties hereto, to be kept and performed by each of them, it is here declared:
1. BASIC INTENT. The intent of this agreement is to set forth the basic requirements for
annexation and development of the property described above. This agreement shall be binding
upon the parties and may not be modified except by further written agreement.
2. DEVELOPMENT. The property annexed shall be developed in general conformity with
TOWN subdivision regulations, building codes and other applicable statutory and local
requirements.
3. MUNICIPAL SERVICES. As a result of the annexation of the subject property, the
TOWN agrees to provide the property with the usual municipal services in accordance with this
agreement, and the ordinances and policies of the TOWN, and the development plans for the
property, which services shall include, but are not limited to, police protection, and all other
services customarily and currently provided by the TOWN. The ANNEXORS understand, agree
and accept that the TOWN does not provide sanitation, water, utility, electrical or natural gas
services or fire protection services to the area to be annexed.
3.1 The TOWN agrees that use of municipal services in outlying areas is not
always economically feasible. Therefore, the TOWN agrees to allow and to assist the
ANNEXORS in obtaining service from other entities in such outlying areas. Such non municipal
entities include, but are not limited to, United Power, Rocky Mountain Natural Gas Company, St.
Vrain Sanitation District and Central Weld County Water District. The TOWN also agrees to allow
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the formation of a special district or special districts affecting all or part of the property as well as
other properties, as a means of financing the construction and installation of infrastructure, and the
TOWN shall take any action reasonably necessary to assist and cooperate in the formation of such
districts.
4. The ANNEXORS agree to petition for inclusion of the property into the Carbon Valley
Recreation District and the Tri-Area Ambulance District within 30 days of the effective date of the
annexation, if the property is not already included within said districts.
5. PUBLIC IMPROVEMENTS. All public improvements,including,but not limited to, water
distribution, sewage collection, gas and electric service, storm drainage, streets and sidewalks,
street lights, street signs, and fire hydrants, shall be constructed to TOWN standards or, where
applicable, to the standards of the utility providing the service. Water, sewer and electric lines
shall be sized to provide for development of the property. The ANNEXORS may be required to
contribute to the cost of reasonable oversizing for future development subject to reimbursement by
the TOWN, future developers and/or users.
6. WATER. Pursuant to Ordinance No. 264, the ANNEXORS shall deed and transfer to
the TOWN at the time building permits are issued, the required raw water, and/or pay the TOWN
in lieu thereof the cash equivalent for the parcel for which the building permit is issued. The
TOWN agrees that the water requirement can include water that will not be treated but will be used
for irrigation of open space and landscaping. The ANNEXORS agree that the raw water provided
to the TOWN shall be Colorado Big Thompson water.
6.1 If a water supply other than the water supply provided by the TOWN is used,
the ANNEXORS shall comply at the time of development with that water supplier's requirements
instead. No raw water or cash-in-lieu shall be required for any lands dedicated for public use or
open space.
7. LAND DEDICATION. The ANNEXORS and the TOWN agree that there shall be no
open space land dedication or payment as cash-in-lieu required at the time of the final plat.
7.1 LANDSCAPING. The ANNEXORS further agree that a landscaping plan
meeting TOWN specifications shall be included as part of each subdivision final plat.
8. FIRST RIGHT OF REFUSAL. The ANNEXORS and the TOWN agree that, should the
ANNEXORS, or their successors or assigns, decide to sell all or a portion of the golf course land
being annexed,the TOWN shall have the first right of refusal to purchase said real property. The
TOWN shall have the first right of refusal to purchase said real property pursuant to contact which
shall be executed by the ANNEXORS and the TOWN prior to the effective date of the annexation.
9. ZONING. The ANNEXORS have requested A-1 Agricultural zoning in their Amended
Petition for Annexation. The TOWN agrees that the property shall be zoned A-1 Agricultural and
that this zoning is a condition to the final annexation.
10. COSTS. The ANNEXORS agree to pay to the TOWN $500.00 as an annexation fee
and to reimburse the Town for any professional fees or publication costs in excess of$500.00.
11. BREACH. If at any time the TOWN or the ANNEXORS breach this agreement, the
aggrieved party may seek any available remedy at law or equity and the prevailing party shall be
entitled to recover its reasonable attorney's fees.
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12. COOPERATION. Each of the parties hereto does agree to take such steps and execute
such documents as may be necessary to effectuate the spirit and terms and performances called for
under this agreement.
13. BINDING. It is understood and agreed between the parties hereto that this agreement
and the terms and conditions herein are hereby incorporated and made a part of the Annexation
Ordinance, and shall be binding upon the heirs and assigns of the ANNEXORS and any third
person acquiring any interest in the subject property, and shall run with the land until all of said
land has Final Plats approved and recorded and all conditions of this contract have been met to the
satisfaction of the TOWN. The ANNEXORS'responsibilities shall end with respect to all or any
portion of the property sold by the ANNEXORS at such time as the purchaser affirms in writing in
the purchase contract or in a separate instrument its agreement to perform those responsibilities. In
the alternative, purchaser's acceptance of a deed specifically made subject to this Annexation
Agreement shall constitute affirmation by the purchaser.
14. RECORDING. This agreement shall be recorded by the TOWN in the office of the
Clerk and Recorder of Weld County, Colorado.
ANNEXORS:
TOWN OF FREDERICK
ROBBIE J. FINLEY EDWARD J. TAGLIENTE, MAYOR
KIMBERLY K. FINLEY ATTEST:
LEAH P. FINLEY
KAREN BORKOWSKI,
TOWN CLERK
JACK W. FINLEY
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EXHIBIT A
FINLEY ANNEXATION
LEGAL DESCRIPTION
The East Half of the Northeast Quarter of Section 24,Township 2
North,Range 68 West of the 6th Principal Meridian,except that
portion conveyed by deed recorded August 4, 1978, in Book 840 at
Reception No. 1762455, County of Weld, State of Colorado.
Together with:
The West 30 feet of the Northwest 1/4 of Section 19,Township 2
North, Range 67 West,
and
The West 30 feet of the South 30 feet of the Southwest 1/4 of
Section 18, Township 2 North,Range 67 West,
and
The South 30 feet of the East 1/2 of the Southeast 1/4 of Section 13,
Township 2 North, Range 68 West of the 6th P.M., County of
Weld, State of Colorado.
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