HomeMy WebLinkAbout992281.tiff The City of -
COLORADO
August 26, 1999
Clerk to the Board of County Commissioners
915 10th Street
Greeley, CO 806:31
Re: Referral of Mantel North Annexation
Dear County Commissioners:
In accordance with 31-12-109(2), C.R.S., as amended, you are hereby given notice as set forth in
the attachments, that the City of Evans shall hold a public hearing on September 21, 1999 to
determine whether the enclosed described territory is eligible for annexation to the City of Evans.
The proposed annexation is located a quarter of a mile west of the 3100 Block of 35th Avenue,
and is referred to as the Mantel North Annexation. If you have any questions or comments please
contact me at 339-5344 ext. 112 by September 15, 1999.
Respectfully,
eeteittkeL leddrid
Elizabeth Relford
Planner
Enclosed
• 1100 a7th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970: 992281
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CITY OF EVANS cot.oRnoo
1100 37TH STREET - -_
EVANS, COLORADO 80620
970-339-5344 EXT. 112
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition
for City Council of the City of Evans, Colorado, for annexation to the City of Evans the
unincorporated territory more particularly described below, to be know as Mantel North annexation
and in support of said Petition, your petitioners allege that:
1) It is desirable and necessary that the following described territory be annexed to
the City of Evans;
See attached legal description.
2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Evans, Colorado;
3) A community of interest exists between the territory proposed to be annexed and
the City of Evans, Colorado;
4) The territory proposed to be annexed is urban or will be urbanized in the near
future;
5) The territory proposed to be annexed is integrated or is capable of being integrated
with the City of Evans, Colorado;
6) The signatures of the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and
said landowners attesting to the facts and agreeing to the conditions herein
contained will negate the necessity of any annexation election,
7) No land held in identical ownership, whether consisting of one tract to parcel of
real estate or two or more contiguous tracts or parcels of real estate:
a) Is divided into separate pans or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels are
separated by a separate dedicated street, road or other public way;
b) Comprising twenty(20) acres or more and which, together with the
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Petition for Annexation
Page 2
buildings and improvements situated thereon has an assesses value in excess of
Two Hundred Thousand Dollars (S200,000) for ad valorem tax purposes for the
year proceeding the annexation, is included within the territory proposed to be
annexed without the written consent of the landowner or landowners.
8) No part of the area proposed to be annexed is more than three miles from a point
on the municipal boundary, as such was established more than one year before this
annexation will take place;
9) The area proposed to be annexed comprises (MORE THAN TEN ACRES AND
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY HAS
AGREED TO WAIVE THE REQUIREMENT OF AN IMPACT REPORT AS
PROVIDED FOR IN SECTION 31-12-10S.5, CRS, AS AMENDED.) (MORE
THAN TEN ACRES AND AN IMPACT REPORT AS PROVIDED FOR IN
SECTION 31-12-108-5, CRS, AS AMENDED, IS REQUIRED.) (TEN ACRES
OR FEWER AND AN IMPACT REPORT AS PROVIDED FOR IN SECTION
31-12-108.5, CRS, AS AMENDED, IS NOT REQUIRED.)
10) The area proposed to be annexed is located within Weld County, and the following
special districts:
Water Districts NCW Water ----
Sanitation District
Fire District Western Bills Fire District
School District School District 6
Recreation District
Library District Weld County Library
Ambulance District
Jr. College District Aims Community College _
Other
11) The mailing address of each signer, the legal description of the land owned by each
signed and the date of signing of each signature are all shown on this Petition;
12) Accompany this Petition are four (4) prints of the annexation map containing the
following information:
a) A written legal description of the boundaries of the area proposed to be
annexed,
b) A map showing the boundary of the area proposed to be annexed, such map
prepared and containing the seal of a registered engineer or land surveyor,
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Petition for Annexation
Page 3
c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is ro be platted, then
the boundaries and the plat number of plots or of lots and blocks are shown;
d)Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the City of Evans, and the contiguous boundary of any
other municipality abutting the area proposed to be annexed;
e) The dimensions of the contiguous boundaries are shown on the map
13) The territory to be annexed is not presently a pan of any incorporated city, city
and county, or town;
14) The undersigned agree to the following conditions, which shall be covenants
running with the land, and which shall, at the option of the City, appear on the
annexation map;
a) Water rights shall be provided pursuant to City Ordinance;
b) The owners shall participate in providing drainage plans and improvement and
payment of a unit drainage fee as may be required by the City for the area;
c) The undersigned hereby waive any and all "vested rights" previously created
pursuant to Section 24-68-103, CRS, as amended.
d) The undersigned.and the City may enter into a Pre-Annexation Agreement prior
to the effective date of this annexation, which agreement shall be additional
conditions as effectively as if set forth in this Petition.
151 Petitioner represents that: (Check one)
x No pan of the property to be annexed is included within any site specific
development plan approved by weld County, Colorado.
A site specific development plan has been approved by Weld County, Colorado,
which has created a vested right.
16) The petitioner understands he will be responsible for costs incurred by the City of
Evans such as, but not limited to, advertising and recording fees
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Petition for Annexation
Page 4
PETITION FOR ,ANNEXATION C� G
Executed this I `t Day of J v`' 1 , 19 t.N c
SHODI 1 aft_
‘av:•Fr(: CD 3`f
Address
Name Nome
Address Address
The foregoing instrument was acknowledged before me this i `Pk day of
_ �A1 A.D. 19 ¶1
Witness my hand and official scat. My commission expires IQ - - Off_
Notary Public
Office Use Only
Date Received Signed
Fees:
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PROPERTY DESCRIPTION
Mantel North Annexation
A parcel of land being part of the northeast Quarter(NE 1/4)of Section Twenty-three (23),
Township Five North(T.5N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian
(6th P.M.), County of Weld, state of Colorado and being more particularly described as follows:
BEGINNING at the Southeast Corner of said Section 23 and assuming the East line of the
Southeast Quarter(SE1/4)of said Section 23 as bearing North 00°16'02" West a distance of
2653.80 feet with all other bearings contained herein relative thereto:
THENCE North 00°16'02" West along said East line a distance of 183.10 feet to the intersection
with the Easterly extension of the Northerly Right-Of-Way(ROW)line of the existing 37th
Street;
THENCE North 89°46'05" West along said Easterly extension and the Northerly ROW line of
the existing:17th Sweet a distance of 3313.58 feet to the West line of said SE1/4;
THENCE North 00°01'36" West along the West line of said SE1/4 a distance of 2600.82 feet to
the Center Quarter Corner of said Section 23. Said point being the TRITE POINT OF
BEGINNING:
THENCE North 00°03'12" East along the.West line of said NE1/4 a distance of 1049.96 feet to
the Southwest Corner of that parcel of land as recorded July 3, 1963 in Book 1651 on Page 412
of the records of the Weld County Clerk and Recorder(WCCR);
Thence along the Southerly lint of the aforesaid parcel of land by the following Seven(7)
courses and distances:
THENCE South 84°37'01" East a distance of 716.41 feet;
THENCE South 77°29'18" East a distance of 170.04 feet;
THENCE South 86°28'13" East a distance of 235.86 feet;
THENCE South 81°11'52' East a distance of 513.91 feet;
THENCE South 66°04'34"East a distance of 97.06 feet•,
THENCE South 46°27'17" East a distance of 256.93 feet;
THENCE South 54°07'59" East a distance of 500.22 feet to the most Southerly Corner of the
aforesaid parcel of land. Said point being the most Westerly corner of that parcel of land as
recorded March 11, 1964 in Book 509 as Reception Number 1431144 and August 15, 1969 in
Book 613 as Reception Number 1535445 of the records of the WCCR;
THENCE South 53°50'56" East along the Southwesterly line of the aforesaid parcels of land a
distance of 547.80 feet to the Northwesterly Corner of that parcel of land as recorded March 18,
1987 in Book 1149 as Reception Number 2092157 and Reception Number 20912158 of the
records of the WCCR;
THENCE South 00°1916" East along the Westerly line of the aforesaid parcel of land a distance
of 139.53 feet to the South line of said NEU4;
THENCE North 87°30'41" West along said South line a distance of 2749.53 feet to the TRUE
POINT OF BEGINNING.
Page 1 of 2
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Property Description(continued)
Mantel North Annexation
Said described parcel of land contains 50/65 Acres,more or less(±) and is subject to any rights-
of-way or other easements as granted or reserved by instruments of record or as now existing on
said described parcel of land.
ST._ttyrigasszum.C.CAM
I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is
true and correct to the best of my knowledge, information.belief, and in my professional
opinion.
G'/ / `j• 7
Charles B. Jones *13
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Colorado Registered 'r�tost 3 ....0 = / x Q..
waviit too
Land Surveyor #22098
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(910) 686-5011
Project Number: 982% (December 31, 1998)
(File: anx-nlgl.txt)
Page 2 of 2
NOTICE OF PUBLIC HEARING
ANNEXATION REQUEST
NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the
City of Evans will hold a Public Hearing on the 21st day of September, 1999 at 7:30 P.M., held at
the City Hall Council Chambers, 1100 37th Street, Evans, CO, at which time and place they will
consider and act upon the application for annexation of this parcel of property to the City of
Evans. The subject property is described as follows:
A parcel of land being part of the Northeast Quarter(NEI/4)of Section Twenty-three(23),"I'm.vnship
Five North(T5N),Range Sixty-six West(R66W)of the Sixth Principal Meridian(6th P.M.),County
of Weld,State of Colorado and being more particularly described as follows:
BEGINNING,at the Southeast Corner of said Section 23 assuming the East line of the Southeast
Quarter(SE 1/4)/4)of said Section 23 as bearing North 00'16'02"West a distance of 2653.80 feet with
all other bearings contained herein relative thereto:
THENCE North 00°16'02"West along said East line a distance of 183.10 feet to the intersection with
the Easterly extension of the Northerly Right-Of-Way(ROW)line of the existing 37th Street,
THENCE North 89°46'05"West along said Easterly extension and the Northerly ROW line of the
existing 37th Street a distance of 3313.58 feet to the West line of said SE I/4;
/4;
THENCE North 00°01'36"West along the West line of said SEI/4 a distance of 2600.82 feet to the
Center Quarter Corner of said Section 23. Said point being the TRUE POINT OF BEGINNING:
THENCE North 00°03'12"East along the West line of said NE 1/4/4 a distance of 1049.96 feet to the
Southwest Corner of that parcel of land as recorded July 3, 1963 in Book 1651 on Page 412 of the
records of the Weld County Clerk and Recorder(WCCR);
Thence along the Southerly line of the aforesaid parcel of land by the following Seven(7)courses and
distances:
THENCE South 84°37'01"East a distance of 716.41 feet;
THENCE South 77°29'18"East a distance of 170.04 feet;
THENCE South 86°28'13"East a distance of 235.86 feet;
THENCE South 81°11'52"East a distance of 513.91 feet;
THENCE South 66°04'34"East a distance of 97.06 feet;
THENCE South 46°27'17"East a distance of 256.93 feet;
THENCE South 54°07'59"East a distance of 500.22 feet to the most Southerly Corner of the
aforesaid parcel of land. Said point being the most Westerly corner of that parcel of land as recorded
March 11, 1964 in Book 509 as Reception Number 1431144 and August 15, 1969 in Book 613 as
Reception Number 1535445 of the records of the WCCR;
THENCE South 53°50'56"East along the Southwesterly line of the aforesaid parcels of land a
distance of 547.80 feet to the Northwesterly Corner of that parcel of land as recorded March 18, 1987
in Book 1149 as Reception Number 2092157 and Reception Number 20912158 of the records of the
WCCR;
THENCE South 00°19'36"East along the Westerly line of the aforesaid parcel of land a distance of
139.53 feet to the South line of said NE1/4;
THENCE North 87°30'41"West along said South line a distance of 2749.53 feet to the TRUE
POINT OF]BEGINNING. Said parcel of land contains 50.76 Acres,more or less(±).
Vicinity: A quarter of a mile west of the 3100 Block of 35th Avenue.
All persons being interested in this matter may be present and heard.
Kim Betz
City Clerk:
City of Evans
Published in the Greeley Tribune August 21st & 28th and September 4th & 11th.
CITY OF EVANS
RESOLUTION NO. 41-1999
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS FOR THE MANTEL NORTH ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation map, was
heretofore filed with the City Clerk requesting the annexation of certain property to be known as the
Mantel North Annexation, more particularly described in the County of Weld, State of Colorado, as
follows:
See attached Exhibit A
WHEREAS, the City Council desires to initiate annexation proceedings in accordance with
the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
Section 1. That City Council hereby accepts said annexation petition, finds and determines
the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107,
and desires to initiate annexation proceedings in accordance with law.
Section 2. City Council shall hold a hearing to determine if the proposed annexation
complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish
eligibility for annexation under the terms of Part 1, Article 12, Title, 31 CRS. A hearing shall be held
on the 21st_ day of September, 1999, in the City Council Chambers of the City of Evans, 1 100 37th
Street, Evans, Colorado, at 7:30 p.m.
Section 3. The City Clerk shall publish notice of such hearing once per week for four
successive weeks in the Greeley Tribune, with the first publication at least thirty (30) days prior to
the date of the hearing. The City Clerk shall also send a copy of this Resolution and the petition for
annexation to the Clerk to the Board of County Commissioners, the County Attorney and to any
Special District or School District within the area proposed to be annexed.
Section 4. This Resolution shall be in full force and effect upon its passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Council of the City of
Evans on this 17th day of_ August , 1999.
ATTEST CITY OF EVANS COLORADO
I � By: 717 ` ' cr
City Clerk Mayors
EXHIBIT A
Legal Description:
A parcel of land being part of the Northeast Quarter (NE I/4) of Section Twenty-three (23),
Township Five North (T5N), Range Sixty-six West (R66W) of the Sixth Principal Meridian (6th
P.M.), County of Weld, State of Colorado and being more particularly described as follows:
BEGINNING at the Southeast Corner of said Section 23 assuming the East line of the Southeast
Quarter(SE1/4) of said Section 23 as bearing North 00°16'02" West a distance of 2653.80 feet
with all other bearings contained herein relative thereto:
THENCE North 00°16'02" West along said East line a distance of 183.10 feet to the intersection
with the Easterly' extension of the Northerly Right-Of-Way (ROW) line of the existing 37th
Street;
THENCE North 89°46'05" West along said Easterly extension and the Northerly ROW line of the
existing 37th Street a distance of 3313.58 feet to the West line of said SEl/4;
THENCE North 00°01'36" West along the West line of said SEl/4 a distance of 2600.82 feet to
the Center Quarter Corner of said Section 23. Said point being the TRUE POINT OF
BEGINNING:
THENCE North 00°03'12" East along the West line of said NE1/4 a distance of 1049.96 feet to
the Southwest Corner of that parcel of land as recorded July 3, 1963 in Book 1651 on Page 412
of the records of the Weld County Clerk and Recorder (WCCR);
Thence along the Southerly line of the aforesaid parcel of land by the following Seven (7) courses
and distances:
THENCE South 84°37'01" East a distance of 716.41 feet;
THENCE South 77°29'18" East a distance of 170.04 feet;
THENCE South 86°28'13" East a distance of 235.86 feet;
THENCE South 81°11'52" East a distance of 513.91 feet;
THENCE South 66°04'34" East a distance of 97.06 feet;
THENCE South 46°27'17" East a distance of 256.93 feet;
THENCE South 54°07'59" East a distance of 500.22 feet to the most Southerly Corner of the
aforesaid parcel of land. Said point being the most Westerly corner of that parcel of land as
recorded March 11, 1964 in Book 509 as Reception Number 1431144 and August 15, 1969 in
Book 613 as Reception Number 1535445 of the records of the WCCR;
THENCE South 53°50'56" East along the Southwesterly line of the aforesaid parcels of land a
distance of 547.80 feet to the Northwesterly Corner of that parcel of land as recorded March 18,
1987 in Book 1149 as Reception Number 2092157 and Reception Number 20912158 of the
records of the WCCR;
THENCE South 00°19'36" East along the Westerly line of the aforesaid parcel of land a distance
of 139.53 feet to the South line of said NE1/4;
THENCE North 87°30'41" West along said South line a distance of 2749.53 feet to the TRUE
POINT OF BEGINNING. Said parcel of land contains 50.76 Acres, more or less (±).
MANTEL NORTH ANNEXATION
IMPACT REPORT
August, 1999
This proposed Annexation to the City of Evans contains±50 acres. The Mantel North
Annexation is directly north of the city limits approximately a quarter of a mile west of the 3100
Block of 35th Avenue.
This report is provided as required by Section 31-12-108.5 CRS, as amended, and contains
information on the impact the proposed development may have on the current infrastructure and
financial condition of the City of Evans.
Section 1 - Maps and Utilities
Enclosed as"Exhibit A" is a map showing the vicinity of the Mantel North Annexation. The
existing city limit lines are dashed with the subject property being hatched.
The City of Evans water and sewer utility service areas are represented in "Exhibit B." Other
utilities are not depicted on this map, but may be extended into easements upon subdividing or
dedication by the property owner.
Section 2 - Pre-annexation Agreement
An annexation agreement is being negotiated. A draft of the most recent agreement is included in
the packet as "Exhibit C". Consideration of the agreement would coincide with the annexation
public hearing.
Section 3 - Providing Municipal Services/Infrastructure improvements
The Mantel North annexation proposes single-family residential development with a small portion
of multifamily residential located on the east boundary of the property. Development of the site
would be consistent with the approved subdivision to the south of the subject property identified
as Ashcroft Heights Subdivision. The subject property proposes approximately 165 single-family
residential lots, ±16-24 multifamily units along the east boundary of the property, with
approximately 9 acres of open space comprising the remainder of the site. Build out of this
development is estimated to take approximately three years.
The developer is in the process of designing water& sewer mains which will extend along 35th
Avenue and 37th Street. These facilities would adequately serve the entire Mantel property.
Final engineering plans for these facilities are currently under review. Extension of all utility
mains will be the responsibility of the developer. The Hill-N-Park Sanitation District will
adequately serve the sanitary sewer treatment demands of this development.
1
Storm drainage, streets, sidewalks, and similar infrastructure will be the responsibility of the
developer. The City of Evans staff will review proposed plans related to these items to ensure
safe, adequate facilities and improvements are installed.
The City intends lo provide police services to the property by utilizing the present police
capability, which :an provide protection at an adequate level.
Fire protection will be provided by the City of Evans Fire Department. The fire department will
review development proposals for safety standards and assist the property owner with petitioning
out of their current fire district. Currently, the Evans Volunteer Fire Department has adequate
resources to provide fire protection services.
Unless otherwise stated, designated park areas will be the developer's responsibility. Parks
dedicated to the City will be developed from park fees collected from building permits. Any oil
and gas well heads, tank batteries, separators and related appurtenances on this property must
comply with the current City of Evans regulations for such activities.
Section 4 - Financing Extension of Municipal Services
All of the services provided by the City will be financed through existing sources of revenue.
These sources will also apply to the Mantel property, and include revenues for property, sales,
and franchise taxes, water, sewer, drainage, and sanitation fees.
No commercial development is proposed for this parcel.
Section 5 - Existing Taxing Districts
Along with the City of Evans, the following districts are included in this annexation and have been
notified as per CRS 31-12-108.
County of Weld - Board of County Commissioners
School District #6
Northern Colorado Water Conservancy District
Western Hills Fire District
AIMS Junior College
Weld County Library
Section 6 - Local Public School District Impact
The school district recognizes that an increase in residential units creates a need for more schools.
Currently, the city is assisting the school district to locate a potential elementary school site in
Evans Growth area in an attempt to address the school districts growth concerns. The school
district would like to ensure that adequate sidewalks are developed for pedestrian traffic to and
from school.
2
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"Exhibit C"
ANNEXATION AGREEMENT
MANTEL NORTH ANNEXATION
This agreement made and entered into this _ day of , 1999, by and between
ASHCROFT HEIGHTS INVESTMENT.LLC, hereinafter referred to as "Annexor", and the CITY
OF EVANS, a Municipal Corporation hereinafter referred to as "City".
WHEREAS, Annexor, is the owner of property described in Exhibit "A", attached hereto the
"Property", and has filed a petition to annex the Property to the City; and
WHEREAS, the parties mutually agree pursuant to City Code that the annexation of the
Property to the City shall not create any additional costs or impose additional burden on existing
residents of the City to provide public facilities and services to the Property after annexation.
In consideration of the foregoing premises and the covenants, promises and agreements of
each of the parties hereto, to be kept and performed by each of them, it is agreed:
WATER
Annexor shall be responsible for the total cost of construction and placement of all new water
mains to Annexor's property and within the development itself. At the time of recording the plat,
Annexor shall dedicate water rights as required by Chapter 13.08 of the Evans Municipal Code. City
may accept the Following water rights: Greeley/Loveland Irrigation Corporation (GLIC), Lake
Loveland, Seven Lakes, Colorado-Big Thompson (C-BT). If Annexor's property is serviced by
water mains designed and installed by another developer, Annexor could pay a reimbursement fee
to use those services per Chapter 13.28 of the Evans Municipal Code. Annexor/Developer, per
Chapter 13.28, will be able to seek reimbursement for construction costs of water lines when
additional properties tie into eligible lines installed by the Annexor/Developer. A payback agreement
in accordance with Chapter 13.28 of the Evans Municipal Code shall be in place at the time of
recording the plat.
Annexor agrees to dedicate all necessary unobstructed rights-of-way for utility easements
needed for water lines to serve the area described herein. The parties mutually agree that Annexor
shall design and install water lines and fire hydrants within the lands described herein in accordance
with the City's standards and specifications, subject to approval of the Public Works Director. It is
expressly understood that the City may be unable to provide fire protection to any of the annexed land
prior to the installation of required fire hydrants. Annexor will dedicate all water lines under warranty
with a one year guarantee for maintenance to the City. Upon acceptance by the City, the water lines
and related improvements shall be maintained by the City (subject to the aforesaid warranty).
1
SEWER
The development will be serviced by a sewer main that will extend along 35th Avenue south
to the Hill-N-Park Sanitation District Wastewater Treatment Facility. If Annexor's property is
serviced by sewer mains designed and installed by another developer, Annexor could pay a
reimbursement fee to use those services per Chapter 13.28 of the Evans Municipal Code.
Annexor/Developer, per Chapter 13.28, will be able to seek reimbursement for construction costs of
sanitary sewer lines when additional properties tie into eligible lines installed by the
Annexor/Developer. A payback agreement in accordance with Chapter 13.28 of the Evans Municipal
Code shall be in place at the time of recording the plat.
Annexor shall be responsible for the total cost of construction and placement of all new sewer
mains to Annexor's property and within the development itself, and upon acceptance by the City, will
dedicate all sewer lines under warranty with a one year guarantee for maintenance to the City. Upon
acceptance by the City, the sewer lines and related improvements shall be maintained by the City
(subject to the aforesaid warranty). Annexor agrees to dedicate all necessary unobstructed rights-of-
way and easements needed for sewer lines to serve the area described herein upon recording the plat.
STREETS
Annexor shall dedicate all rights-of-way for public streets, for the full width thereof, as
required by the City, and design and fully improve to City standards (or to standards consistent with
any approved variance) all public streets within the Property, and up to one-half of all streets lying
on the exterior boundaries of the Property without cost to City. Notwithstanding the foregoing,
Annexor's obligation for dedication of arterial streets adjacent to the Property shall be limited to the
dedication of sufficient right-of-way to meet City of Evans arterial street design standards plus any
additional roadway required pursuant to the traffic impact study. Annexor shall dedicate all public
rights-of-way improvements under warranty with at least a one year guarantee for maintenance to the
City. Once accepted by the City, the public streets shall be maintained by the City of Evans. A traffic
study for the proposed development shall be completed by the Annexor in accordance with City
requirements.
Annexor/Developer requests variances to the following City of Evans design standards:
1. Street design
2. Residential structure setbacks
3. Minimum lot sizes
The City shall allow access points per the attached conceptual plan, as recommended by a
qualified Traffic Engineer. In making his/her recommendation, the Traffic Engineer shall consider
future signalization and a signal progression analysis. Annexor shall be responsible for payment of
a portion of the cost related to the design and construction of such future signalization when it is
2
determined that such infrastructure is warranted.
DEVELOPER'S AGREEMENT
Concurrently with submittal of its preliminary plan for development of the Property, Annexor
shall submit a proposed public improvements developer's agreement. The final form of developer's
agreement shall be subject to mutual agreement of the parties on the terms and conditions of same.
The developer's agreement shall be signed upon final plat approval and prior to recording of the plat.
DRAINAGE
The Annexor shall prepare a drainage study for the entire Property. Annexor shall design and
construct storm drainage facilities within the Property. Facilities necessary to address drainage from
outside the Property will be designed for quantities in excess of those amounts historically discharged
from the site, these facilities will be developed in conformance with the Comprehensive Drainage
Study and other regulations and ordinances of the City. Improvements recommended by such
drainage study shall be completed at the time of completion of each phase of development. All storm
drainage improvements may be approved and inspected by the Public Works Director or his designee
and must be built in accordance with City building and construction standards. Annexor will provide
all rights-of-way, drainage easements, park and detention pond areas, storm drainage collection
systems and the dedication of the lines under warranty with a one year guarantee for maintenance.
Upon acceptance by the City, such improvements shall be maintained by the City (subject to the
aforesaid warranty). In the event, at the time of recording the plat, Evans Municipal Code provides
for payback agreements for drainage improvements similar to those provided in Chapter 13.28 of the
Evans Municipal Code, such a payback agreement will be in place at the time of recording of the plat.
PUBLIC LAND DEDICATION
The Annexor shall provide Open Space and other Public Land Dedication, as required by
existing ordinances which are in effect at the time of subdivision approval. Any additional open
space is at the option of the Annexor.
ZONING AND DESIGN
Annexor and City shall mutually agree upon a conceptual land use plan. It is the Developer's
intent to develop and zone the Property in accordance with the conceptual plan as shown in "Exhibit
C". Annexor's request for rezoning shall be processed concurrently with the petition for annexation.
This provision does not waive the authority of the Annexor or of the City of Evans to initiate
rezoning of land in accordance with the Charter and Ordinances of the City of Evans. Land use is
subject to the police power and legislative authority of the City of Evans.
Annexor agrees that the design, improvement, construction, and development of the Property
described herein shall be in conformance with the City of Evans Design Guidelines as those
requirements exist at the time of site plan application (or to the standards consistent with any
approved variance). Nothing herein shall constitute a permanent vesting of zoning
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SPECIAL DISTRICTS
Annexor agrees to petition out of the Western Hills Fire Protection District and does
hereby irrevocably appoint the Fire Chief of the City of Evans its true and lawful agent and
attorney for the A.nnexor and in the Annexor's name and stead to sign and execute arty and all
petitions, documents and writings pertaining to the lands herein described which shall be
necessary and appropriate to petition out of such Western Hill Fire Protection District. City
agrees to provide fire protection service to the Mantel North property.
GENERAL PROVISIONS
A. This agreement shall be recorded with the Clerk and Recorder of Weld County
Colorado, shall ru.n with the land, and shall be binding upon and inure to the benefit of the heirs,
successors and assignees to the parties hereto. Annexor shall notify the City of assignments and
the names of the assignees.
B. Nothing contained in this agreement shall constitute or be interpreted as a repeal of
existing codes, ordinances or as a waiver of the City's legislative, governmental or police powers
to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor
shall this agreement prohibit the enactment by the City of any fee which is of uniform or general
application.
C. No right or remedy of disconnection of the described property from the City shall
accrue with this agreement, other than that provided under Colorado Revised Statutes. In the
event the property, or any portion thereof, is disconnected at the Annexor's request, the City shall
have no obligation to serve the disconnected property and this agreement shall be void and of no
further force and effect as to such property.
D. It is understood and agreed by the parties hereto, that if any part, term., or
provision of this agreement is by the courts determined to be illegal or in conflict with any law of
the State of Colorado, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if the agreement
did not contain that particular part, term, or provision held to be invalid.
E. This agreement comprises the whole agreement of the parties. There are no
promises, terms, conditions, or obligations other than those contained herein and under the
ordinances of the City of Evans; this agreement shall supersede all previous communications,
representations, or agreements, either verbal or written, between the parties hereto. There shall
be no modification of this agreement except in writing, executed with the same formalities as this
agreement may be enforced in any court of competent jurisdiction.
F. This agreement is between the City and Annexor for the development of the
Mantel North Annexation, which project is being developed by Patrick B. Roche and/or his
assigns ("Developer"). All commitments and obligations of Annexor shall be assumed by the
Developer upon transfer of ownership of the Property to Developer(or shall be assumed by the
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successors and assigns). Assignor (or Developer, upon transfer to its successor in interest) shall
thereupon be released from any obligation or liability under this Agreement.
G. Notwithstanding any other terms or conditions of this Agreement, the agreements,
obligations and •indertakings of Annexor(or Developer, as appropriate) under this Agreement are
contingent upon the City's Annexation of the property as contemplated by this Agreement.
H. Notwithstanding any other terms and conditions of this Agreement to the contrary,
Annexor and City agree that the obligations of Annexor with respect to off-site development
(including, without limitation, off-site utilities) shall be in accordance with and limited to the
obligations shown on the conceptual utility plan attached hereto as Exhibit "D" and incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to
place their hands and seals upon this agreement dated this year first above.
CITY OF EVANS, COLORADO
By:
Mayor
ATTEST:
City Clerk
ANNEXOR: ANNEXOR:
By: __ By:
Date: Date:
The foregoing instrument was acknowledged before me this day of
A.D. 19
Witness my hand and official seal. My commission expires
Notary Public
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