HomeMy WebLinkAbout972555.tiffDON J. HOFF
i I) COL 1O25 9TH AVENUE, SUITE 309 • GREELEY, COLORADO 80631
ATTORNEY AT LAW
1997 ITV 10
CLERK
TOTVErTh
Clerk to the Board
Weld County Commissioners
915 10th Street
Greeley, CO 80631
9: 19
TELEPHONE 970-356-6767 • TELECOPIER 970-353-7504
November 5, 1997
Enclosed please find Annexation Petitions for the Belmont
Farms Annexation, a map of the proposed Annexation and the
Annexation Impact Report. The annexation of this property is being
accomplished by the annexation of County Road 23 between the
existing Town boundary and the boundary of the property to be
annexed.
Also enclosed is Resolution 1997-103 finding that the
annexation is in substantial compliance with C.R.S. 31-12-107(1)
and setting a hearing on December 3, 1997 at the hour of 7:00 p.m.,
at which time the Board of Trustees will consider whether or not to
annex the described property. The foregoing Resolution and Notice
are being published in The Windsor Beacon.
DJH:th
Enclosures
72L0at kioemJ
Sincerely,
Don J. H�bf
/g` � /2. 5 6; (71
972555
ANNEXATION PETITION
We, the landowners of 100% of the territory, excluding public
streets and alleys described in the attached property description
containings0 acres more or less, allege the following to be true
• .and correct:•
he perimeter of he proposed annexation has a distance •of'
feet, of which 4D feet are contiguous to the existing TOWN•
limits of the Town of Severance. A minimum of 1/6 of the perimeter
of the proposed annexation is contiguous to the Town of Severance.
We further allege:
1. It is desirable and necessary that said territory be
annexed to the Town of Severance.
• 2. A community of interest exists between the said. territory
and the Town of Severance.
3. Said territory is urban or will be urbanized in the•near
future.
4. The requirements of C.R.S. 31-12-104 and C.R.S. 31-12-105
exist or have been met.
5. Said territory is integrated or capable of being
integratea with the Town of Severance.
6. No land held in identical ownership is divided into
separate parcels unless the owner of said tract has consented in
writing or joins this petition.
7. No land held in identical ownership comprises 20 acres
and together with improvements has had an assessed valuation in
excess $200,000.00 in the year proceeding the filing of this
Petition.
8. No proceedings for annexation have of the territory have
ben commenced for annexation to another municipality.
9. The signers hereof comprise the landowners of 100% of the
hereinafter described property.
Therefore, the undersigned hereby request that the Town of
Severance approve the annexation of the area described above and do
herewith pay the required fees.
In addition to the annexation, the undersigned request'chat
the property. be zoned "residential".
Pate Owners ignature Mailing Address
BELMONT FARMS ANNEXATION #1
PROPERTY DESCRIPTION
A parcel of land being within the right—of—way of Weld County
Road 23 located in Sections 23, 24, 25 and 26, Township 7 North,
Range 67 West of the 6th Principal Meridian, County of Weld,
State of Colorado being more particularly described by the
following boundary lines:
BEGINNING at the Northwest corner of the Severance North
Annexation #6 from which point the Southwest corner of Section 24
bears N 45°46'27" E 42.59 feet; thence along the Northerly line
of said Severance North Annexation #6, S 89° 55'46" E 60.00 feet;
thence N 01°00'10" E 29.49 feet;
thence N 00°33'25" E 45.00 feet; thence N 89°26'35" W 20.00
feet; thence S 00°33'25" W 45.00 feet; thence N 89°26'35" W
20.00 feet; thence N 00°33'25" E 45.00 feet; thence N 89°26'35"
W 20.00 feet; thence S 00° 33'25" W 45.00 feet; thence S 00°
59'28" W 30.00 feet to the POINT OF BEGINNING. Said parcel of
land contains 3,581 square feet of 0.082 acres more or less, and
is subject all easements or rights —of —way now existing or on
record.
ANNEXATION PETITION
We, the landowners of 1001 of the territory, excluding public
streets and alleys described in the attached property description
4 3 containing.Iacres more or less, allege the following to be true
.and correct:.
n The perimeter of the proposed annexation has a distance .of•
4] •OS feet, of which )O feet are contiguous to the existing TOWN'
• limits of the Town of'Severance. A minimum of 1/6 of the perimeter
of the proposed annexation is contiguous to the Town of Severance.
We further allege:
1. It is desirable and necessary that said territory be
annexed to the Town of Severance.
• 2. A community of interest exists between the said. territory
and the Town of Severance.
3. Said territory is urban or will be urbanized in the near
future.
4. The requirements of C.R.S. 31,.-12-104 and C.R.S. 31-12-105
exist or have been met.
5. Said territory is integrated or capable of being
integrated. with the Town of Severance.
6. No land held in identical ownership is divided into
separate parcels unless the owner of said tract has consented in
writing or joins this petition.
7. No land held in identical ownership comprises 20 acres
and together with improvements has had an assessed valuation in
excess $200,000.00 in the year proceeding the filing of this
Petition.
B. No proceedings for annexation have of the territory have
ben commenced for annexation to another municipality.
9. The signers hereof comprise the landowners of 100% of the
hereinafter described property.
Therefore, the undersigned hereby request that the Town of
Severance approve the annexation of the area described above and do
herewith pay the required fees.
In addition to the annexation, the undersigned
the property. be zoned "residential".
Date'
9-zs-e7
ft
request' chat
BELMONT FARMS ANNEXATION #2
PROPERTY DESCRIPTION
A parcel of land being within the right—of—way of Weld County
Road 23 located in Sections 23 and 24, Township 7 North, Range 67
West of the 6th Principal Meridian, County of Weld, State of
Colorado being more particularly described by the following
boundary lines:
BEGINNING at the most Northwesterly corner of the Belmont Farms
Annexation # 1 from which point the Southwest corner of said
Section 24 bears S 33°07'59" E 54.08 feet; thence along the
Westerly right—of—way line of said Weld County Road 23, N 00°
33'25" E 180.00 feet; thence S 89°26'35" E 20.00 feet; thence S
00°33'25" W 164.00 feet; thence S 89°26'35" E 20.00 feet;
thence N 00°33'25" E 164.00 feet; thence S 89°26'35" E 20.00
feet; thence along the Easterly right—of—way line of said Weld
County Road 23, S 00°33'25" W 180.00 feet; thence N 89°26'35" W
20.00 feet; thence S 00°33'25" W 45.00 feet; thence N 89°26'35"
W 20.00 feet; thence N 00°33'25" E 45.00 feet; thence N 89°
26'35" W 20.00 feet to the POINT OF BEGINNING. Said parcel
contains 8,418 square feet or 0.193 acres more or less and is
subject to any easements or rights —of —way now existing or on
record.
0
ANNEXATION PETITION
We, the landowners of 100%
streets and /alleys described in
containingo655 acres more or le
and correct:•
•
of the territory, excluding public
the attached property description
se, allege the following to be true
The perimeter of the proposed annexation has a distance.of
feet, of which 3''' feet are contiguous to the existing TOWN•
emits of the Town of Severance. A minimum of 1/6 of the perimeter
of the proposed annexation is contiguous to the Town of Severance.
We further allege:
1. It is desirable and necessary that said territory be
annexed to the Town of Severance.
2. A community of interest exists between the said. territory
and the Town of Severance.
3. Said territory is urban or will be urbanized in the near
future.
4. The requirements of C.R.S. 31,x12-104 and C.R.S. 31-12-10S
exist or have been met.
5. Said territory is integrated or capable of being
integratea with the Town of Severance.
6. No land held in identical ownership is divided into
separate parcels unless the owner of said tract has consented in
writing or joins this petition.
7. No land held in identical ownership comprises 20 acres
and together with improvements has had an assessed valuation in
excess $200,000.00 in the year proceeding the filing of this
Petition.
8. No proceedings for annexation have of the territory have
ben commenced for annexation to another municipality.
9. The signers hereof comprise the landowners of 100% of the
hereinafter described property.
Therefore, the undersigned hereby request that the Town of
Severance approve the annexation of the area described above and do
herewith pay the required fees.
In addition to the annexation, the undersigned request'4hat
the property. be zoned °residential".
Date•
SY7
/r
nature
Mailing Address
//
BELMONT FARMS ANNEXATION #3
PROPERTY DESCRIPTION.
A parcel of land being within the right—of—way of Weld County
Road 23 located in Sections 23 and 24, Township 7 North, Range 67
West of the 6th Principal Meridian, County of Weld, State of
Colorado being more particularly described by the following
boundary lines:
BEGINNING at the most Northwesterly corner of Belmont Farms
Annexation #2 from which point the Southwest corner of said
Section 24 bears S 07°02'16" E 226.99 feet; thence along the
Westerly right—of—way line of said Weld County Road 23, N 00°
33'25" E 550.00 feet; thence S 89°26'35" E 20.00 feet; thence S
00°33'25" W 388.00 feet; thence S 89° 26'35" E 20.00 feet;
thence N 00°33'25" E 388.00 feet; thence S 89°26'35" E 20.00
feet; thence S 00°33'25" W 550.00 feet; thence N 89° 26'35" W
20.00 feet; thence S 00°33'25" W 164.00 feet; thence N 89°26'35"
W 20.00 feet; thence N 00°33'25" E 388.00 feet; thence N 89°
26'35" W 20.00 feet to the POINT OF BEGINNING. Said parcel
containing 28,520 square feet or 0.655 acres more or less and
being subject to all easements or rights —of —way now existing or
on record
ANNEXATION PETITION
We, the landowners of 100% of the territory, excluding public
streets an alleys described in the attached property description
containing3acres more or less, allege the following to be true
• .and correct:
The perimeter o t e proposed annexation has a distance •of
50172 —feet, of which feet are contiguous to the existing TOWN•
limits of the Town of Severance. A minimum of 1/6 of the perimeter
of the proposed annexation is contiguous to the Town of Severance.
We further allege:
1. It is desirable and necessary that said territory be
annexed to the Town of Severance.
• 2. A community of interest exists between the said territory
and the Town of Severance.
3. Said territory is urban or will be urbanized in the near
future.
4. The requirements of C.R.S. 31,712-104 and C.R.S. 31-12-105
exist or have been met.
5. Said territory is integrated or capable of being
integrate& with the Town of Severance.
6. No land held in identical ownership is divided into
separate parcels unless the owner of said tract has consented in
writing or joins this petition.
7. No land held in identical ownership comprises 20 acres
and together with improvements has had an assessed valuation in
excess $200,000.00 in the year proceeding the filing of this
Petition.
8. No proceedings for annexation have of the territory have
ben commenced for annexation to another municipality.
9. The signers hereof comprise the landowners of 100% of the
hereinafter described property.
Therefore, the undersigned hereby request that the Town of
Severance approve the annexation of the area described above and do
herewith pay the required fees.
In addition to the annexation, the undersigned request hat
the property. be zoned "residential".
Date'
X97
/f
Owners Signature
Mailing Address
BELMONT FARMS ANNEXATION #4
PROPERTY DESCRIPTION
A parcel of land being within the right—of—way of Weld County
Road 23 located in Sections 23 and 24, Township 7 North, Range 67
West of the 6th Principal Meridian, County of Weld, State of
Colorado being more particularly described by the following
boundary lines:
BEGINNING at the most Northwesterly corner of the Belmont Farms
Annexation #3, from which point the Southwest corner of said
Section 24, S 01°39'35" E 775.58 feet; thence along the Westerly
right—of—way line of said Weld County Road 23, N 00° 33'25" E
1100.00 feet; thence S 89°26'35" E 20.00 feet; thence S 00°
33'25" W 958.00 feet; thence S 89°26'35" E 20.00 feet; thence N
00°33'25" E 958.00 feet; thence S 89°26'35" E 20.00 feet;
thence along the Easterly right—of—way line of said Weld County
Road 23 , S 00°33'25" W 1100.00 feet; thence N 89° 26'35" W
20.00 feet; thence S 00° 33'25" W 388.00 feet; thence N 89° 26'35"
W 20.00 feet; thence N 00 33'25" E 388.00 feet; thence N 89°
26'35" W 20.00 feet to the POINT OF BEGINNING. Said parcel
contains 54,600 square or 1.253 acres more or less and is subject
to all easements or rights —of —way now existing or on record.
ANNEXATION PETITION
We, the landowners of 100% of the territory, excluding public
streets an ys described in the attached property description
containing�jacres more or less, allege the following to be true
and correct:-
•
I)
he perimeter of the proposed annexation has a distance -of'
feet, of which 016 feet are contiguous to the existing TOWN -
smite of the Town of Severance. A minimum of 1/6 of the perimeter
of the proposed annexation is contiguous to the Town of Severance.
We further allege:
1. It is desirable and necessary that said territory be
annexed to the Town of Severance.
2. A community of interest exists between the said territory
and the Town of Severance.
3. Said territory is urban or will be urbanized in•the near
future.
4. The requirements of C.R.S. 31,:12-104 and C.R.S. 31-12-105
exist or have been met.
5. Said territory is integrated or capable of being
integrated with the Town of Severance.
6. No land held in identical ownership is divided into
separate parcels unless the owner of said tract has consented in
writing or joins this petition.
7. No land held in identical ownership comprises 20 acres
and together with improvements has had an assessed valuation in
excess $200,000.00 in the year proceeding the filing of this
Petition.
8. No proceedings for annexation have of the territory have
ben commenced for annexation to another municipality.
9. The signers hereof comprise the landowners of 100% of the
hereinafter described property.
Therefore, the undersigned hereby request that the Town of
Severance approve the annexation of the area described above and do
herewith pay the required fees.
In addition to the annexation, the undersigned request'lhat
the property. be zoned "residential".
Date Own rs Signature (fMailing Address
*ar l/31�1't� /fir/CP'7�i�C yo (� . /71
BELMONT FARMS ANNEXATION #5
PROPERTY DESCRIPTION
A parcel of land being within the right—of—way of Weld County
Road 23 located in Sections 23 and 24, Township 7 North, Range 67
West of the 6th Principal Meridian, County of Weld, State of
Colorado being more particularly described by the following
boundary lines:
BEGINNING at the most Northwesterly corner of Belmont Farms
Annexation #4 from which point the Southwest corner of said
Section 24 bears S 00°21'35" E 1875.24 feet; thence along the
Westerly right—of—way line of said Weld County Road 23, N 00°
33'25" E 768.08 feet; thence continuing along said Westerly
right—of—way line, N 00°33'34" E 2643.01 feet; thence S 89°
26'26" E 20.00 feet; thence S 00 33'34" W 1480.00 feet; thence
S 89°26'26" E 20.00 feet; thence N 00°33'34" E 1480.00 feet;
thence S 89°26"26" E 20.00 feet; thence along the Easterly
right—of—way line of said Weld County Road 23, S 00°33'34" W
2643.01 feet; thence continuing along said Easterly right—of—way
line, S 00°33'25" W 768.08 feet; thence N 89°26'35" W 20.00
feet; thence S 00°33'25" W 958.00 feet; thence N 89° 26'35" W
20.00 feet; thence N 00°33'25" E 958.00 feet; thence N 89°26'35'
W 20.00 feet to the POINT OF BEGINNING. Said parcel contains
194,225 square feet or 4.459 acres more or less and is subject to
all easements or rights —of —way now existing or on record
ANNEXATION PETITION
We, the landowners of 100% of the territory, excluding public
streets and all ys described in the attached property description
containing % d acres more or less, allege the following to be true
and correct:.
1f, The perimeter of the proposed annexation has a distance .of'
3/5rO•.%yfeet, of which70 1) feet are contiguous to the existing TOWN•
limits of the Town of Severance. A minimum of 1/6 of the perimeter
of the proposed annexation is contiguous to the Town of Severance.
We further allege:
1. It is desirable and necessary that said territory be
annexed to the Town of Severance .
2. A community of interest exists between the said territory
and the Town of severance.
3. Said territory is urban or will be urbanized in the•near
future.
4. The requirements of C.R.S. 31; 12-104 and C.R.S. 31-12-105
exist or have been met.
5. Said territory is integrated or capable of being
integrated. with the Town of Severance.
6. No land held in identical ownership is divided into
separate parcels unless the owner of said tract has consented in
writing or joins this petition.
7. No land held in identical ownership comprises 20 acres
and together with improvements has had an assessed valuation in
excess $200,000.00 in the year proceeding the filing of this
Petition.
8. No proceedings for annexation have of the territory have
ben commenced for annexation to another municipality.
9. The signers hereof comprise the landowners of 100% of the
hereinafter described property.
Therefore, the undersigned hereby request that the Town of
Severance approve the annexation of the area described above and do
herewith pay the required fees.
•
In addition to the annexation, the undersigned request'chat
the property. be zoned "residential".
DateOwners Signature / /Maaili gqAAddddress
C.a. '/(' a,7#2 de g` '!�,/`l %ui-7 LM -925 t
BELMONT FARMS ANNEXATION #6
PROPERTY DESCRIPTION
A parcel of land being within the right—of—way of Weld County.
Road 23 located in Sections 13, 14, 23 and 24, Township 7 North,
Range 67 West of the 6th Principal Meridian, County of Weld,
State of Colorado being more particularly described by the
following boundary lines:
BEGINNING at the Northwest corner of Belmont Forms Annexation #5
from which point the Southwest corner of said Section 13 bears S
89°26'26" E 30.00 feet; thence. along the Westerly right—of—way
line of said Weld County Road 23, N 00°28'07" E 5249.27 feet to
the Southerly right—of—way line of Colorado State Highway 14;
thence along said Southerly right—of—way line N 88°26'58" E
60.04 feet; thence along the Easterly right—of—way line of said
Weld County Road 23, S 00°28'07" W 5251.43 feet; thence N 89°
26'26" W 20.00 feet; thence S 00°33'34" W 1480.00 feet; thence
N 89°26'26" W 20.00 feet; thence N 00°33'34" E 1480.00 feet;
thence N 89°26'26" W 20.00 feet to the POINT OF BEGINNING. Said
parcel contains 300,753 square feet or 6.904 acres more or less
and is subject to all easements or rights —of —way now existing or
on record.
We, the
streets an
containin
.and correc :
ANNEXATION PETITION
landowners of 100% of the territory, excluding public
leys described in the attached property description
acres more or less, allege the following to be true
The perimeter of they proposed annexation has a distance of
;21%414.1 feet, of which1f b.. eet are contiguous to the existing TOWN.
limits of the Town off Severance. A minimum of 1/6 of the perimeter
of the proposed annexation is contiguous to the Town of Severance.
We further allege:
1. It is desirable and necessary that said territory be
annexed to the Town of Severance.
2. A community of interest exists between the said. territory
and the Town of Severance.
3. Said territory is urban or will be urbanized in the•near
future.
4. The requirements of C.R.S. 31; 12-104 and C.R.S. 31-12-105
exist or have been met.
5 Said territory is integrated or capable of being
integrate& with the Town of Severance.
6. No land held in identical ownership is divided into
separate parcels unless the owner of said tract has consented in
writing or joins this petition.
7. No land held in identical ownership comprises 20 acres
and together with improvements has had an assessed valuation in
excess $200,000.00 in the year proceeding the filing of this
Petition.
8. No proceedings for annexation have of the territory have
ben commenced for annexation to another municipality.
9. The signers hereof comprise the landowners of 100% of the
hereinafter described property.
Therefore, the undersigned hereby request that the Town of
Severance approve the annexation of the area described above and do
herewith pay the required fees.
In addition to the annexation, the undersigned request';hat
the property. be zoned "residential".
Pate Owners Signature Mailing Address
BELMONT FARMS ANNEXATION #7
PROPERTY DESCRIPTION.
A parcel of land located in Section 13, Township 7 North, Range
67 West, of the 6th P.M., County of Weld, State of Colorado,
which, considering the West line of said Section 13 as bearing N
00° 28'07" E, and with all bearings contained herein relative
thereto, is more particularly described by the following boundary
lines:
BEGINNING at the Northeast corner of Belmont Forms Annexation #6
from which point the Northwest corner of said Section 13 bears N
39°22'55" W, said point also being the intersection of the
Easterly right—of—way line of Weld County Road 23 and the
Southerly right—of—way line of Colorado State Highway 14; thence
along the Southerly right—of—way line of Colorado State Highway
14 N 88°26'58" E 509.41 feet; thence continuing along said
right—of—way line S 89°44'41" E 827.00 feet; thence continuing
along said right—of—way line N 89°47'19" E 1723.40 feet; thence
S 75°16'41" E 155.20 feet; thence S 89°50'40" E 2060.25 feet to
a point on the East line of said Section 13; thence leaving said
Southerly right—of—way line and along the East line of said
Section 13 S 00°42'51" W 2568.64 feet to the East 1/4 corner of
said Section 13; thence S 00°43'05" W 2652.09 feet to the
Southeast corner of said Section 13; thence along the South line
of said Section 13 S 89°58'38" W 4655.38 feet to the Southeast
corner of Parcel A of Recorded Exemption #0705-13-3—RE840,
recorded May 5, 1986 in Book 1111 at Reception #2052461; thence
along the Northeasterly boundary of said Parcel A, N 40° 21'20" W
905.93 feet; thence along the Easterly right—of—way line of Weld
County Road 23, N 00°28'07" E 4560.56 feet more or less to the
POINT OF BEGINNING. Said parcel contains 627.455 acres more or
less and is subject to all easements or rights —of —way now
existing or on record.
•
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11TLE: VICINITY MAP EXHIBIT
I3ELMoIJT FARMs ANN ExATION
To THE TOWN OF 5EVER ANCE
CLIENT: M. Bar54-cw
0 b DATE: to/Z7/17 DRAWN: RH5
7
SCALE: I ft= 2000' CHK'D: RSL
BOOK: APPVD:
R.J.L. SURVEYS
113 CAMERON DRIVE, SUITE B
FORT COLLINS COLORADO 80525
(970) 226-3007
BELMONT FARMS ANNEXATION IMPACT REPORT
Pursuant to C.R.S. 31-12-108.5(1), the following information
is provided with this report:
A. A map of the municipality and adjacent territory showing
the present and proposed boundary of the municipality and vicinity
of the proposed annexation.
B. No plan for water main sewer interceptors, utility lines
or streets has been developed.
C. It is anticipated that the entire area will be developed
as single family residence homes, on tracts of from 2 to 5 acres.
D. A copy of the draft annexation agreement is attached.
E. Water service to the area will be provided by North Weld
County Water District. Sewer service will be provided by
individual private sewer systems. All other municipal services
will be provided by the Town of Severance.
F. Weld County Road 23 will be maintained by the Town of
Severance with the participation of the Belmont Farms Home Owners
Association.
G. The developer will finance all development infrastructure
in the area proposed to be annexed.
H. The districts which exercise control over the area
proposed to be annexed include:
1. Aims Community College
2. School District RE -4
3. Windsor/Severance Fire Protection District
4. North Colorado Water Conservancy District
5. North Weld Co. Water District
6. West Greeley Soil Conservation District
7. Windsor/Severance Library District
8. 911 Emergency Telephone Service District
I. A statement from the Windsor/Severance School District
regarding the impact on the School District is enclosed.
J. It is anticipated that a right to farm covenant will be
incorporated into any annexation agreement.
November 6, 1997 TOWN OF SEVERANCE
C�4
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 1997, by and between THE TOWN OF SEVERANCE,
COLORADO ("the Town"), and the petitioners in a Petition to annex
the Belmont Farms Annexation, who are as follows: KEITH R. BURMAN
and SHARON L. BURMAN ("the Owners").
Recitals
A. The Owners are owners of certain lands north of the Town
of Severance, Colorado, more particularly described in the attached
Exhibit "A" and incorporated herein.
B. The Owners desire to have the property annexed to the
Town of Severance, and the Town desires to annex the property.
C. The Owners have petitioned the Town to annex the
property.
Agreement
THEREFORE, in consideration of the promises and mutual
covenants contained in this Agreement, the legal sufficiency of
which are hereby expressly acknowledged, the Town and the Owners
agree as follows:
1. Annexation. The Town agrees that it will annex the
property only in accordance with the terms and conditions of this
Agreement and only if the evidence sustained at the required public
hearing support such annexation. In the event the annexation
occurs and is not challenged in the appropriate legal forum, the
parties agree to be bound by this Agreement. The Owners may
withdraw their petition for annexation any time prior to the
adoption of the ordinance annexing the property
2. Zoning. The property hall, be zoned Estate upon
annexation.
3. Vested Rights. The fact that the property has been
annexed by the Town shall not create detrimental reliance that will
estop the Town from modifying development regulations after the
period set forth in this Agreement. If the Owners submit a
development plan, such plan shall be valid for a period of two (2)
years after its approval. If the plat remains undeveloped after
two (2) years, the plat shall expire and the Town may require such
changes to the plat as may be appropriate. Any vested rights in
the Owners are personal to the Owners subscribing to this Agreement
and are not transferrable in any respect. The Owners shall not
have any rights or cause of action against the Town should the Town
modify any development regulations if there is substantial evidence
that the modification is necessary to avoid the risk of injury to
the public health, safety, and welfare.
4. Services. The Town and the Owners agree that the
development shall be entitled to such services as the Town
currently provides to other residents of the Town, except as
follows:
(a) It is anticipated that this development, because of
its rural nature and because of the terrain, will not be able to
use the Town sewer system and that private sewer systems will be
installed on each lot solely at the cost of the developer or the
landowners.
(b) The Owners shall create an owners association, which
shall provide for the perpetual maintenance of the roadways within
the subdivision. Paving and other improvements shall be in
accordance with the standards then in effect for the Town of
Severance and shall be at the Owners' expense. The subdivision
streets shall remain private until such time as they are paved and
dedicated to the Town. The Town shall have full and unlimited
access to such streets and a full and unlimited ability to enforce
all Ordinances and laws.
(c) The owners association created by the residents of
the subdivision or, if none is created, the property owner shall be i)
responsible for one-half of the cost of maintenance of 1st Street
(Weld County Road 23) from the current north boundary of the Town
of Severance to the north boundary of the Town of Severance after C'
this annexation is completed, with the Town being responsible for
the remaining one-half. such responsibility for maintenance of 1st ✓'
Street shall continue until twenty-six (26) lots in the annexa ion, !.1
'
are assessed as residential vacant land. ,, V)•�''"t
(d) The Owners shall pay a development fee of Three
Hundred Dollars ($300) per lot at the time any building permit is
obtained for building permits taken out in 1998. In subsequent
years the development fee shall be Three Hundred Dollars ($300)
plus the annual increase of the Denver/Boulder Consumer Price Index
for 1998 and future years.
5. Dedication of Park Space. The Owners and the Town agree
that the Owners shall not be required to dedicate any acreage to
the Town of Severance for use as park space but shall be required
to pay a park fee in the amount of Five Hundred Dollars ($500) per V4'='
4-1
lot or the park fee in effect at the time of application for any
building permit if the fee is in excess of Five Hundred Dollars"
($500) per lot. JO/
2
6. Animal Control,. The Owners desire to create a subdivi-
sion that is conducive to the keeping of animals not normally
associated with an urban environment, and therefore, each lot may
be entitled to up to six (6) horses per lot. The residents of the
development shall not maintain any kennel or animal boarding
facility and shall be required to comply with the Town ordinances
regarding the limitations on numbers and types and control of
animals.
7. Improvements. The developer shall develop the area
according to the plat approved by the Town of Severance, which
shall be substantially as attached, and shall install and provide
at the developer's expense the following infrastructures:
(a) Paved streets.
(b) A storm drainage system.
(c) A water distribution system adequate to serve the
needs of the residents and connected to the water mains of North
Weld County Water District or other water utility, including fire
hydrants, manholes, and other required system structures and
equipment.
(d) Street signs and a building address numbering system
as may be agreed upon between the Town and the developer, including
traffic control devices.
(e) Landscaping and fencing of public right-of-way areas
as required by municipal subdivision regulations.
(f) Permanent reference monuments shall be installed at
appropriate locations based upon the recommendation of the Town
engineer based upon standard surveying practices.
(g) Street lights as may be required by the municipal
subdivision regulations.
(h) All electrical telephone and cable television
service and any other utility shall be installed underground.
(i) A subsurface drainage report and subsidence and
soils report.
(j) Appropriate designs, plans, specifications,
engineering studies, or surveys as will be required for any of the
foregoing improvements.
3
All of the improvements described above shall be constructed
in accordance with specifications required by the Town at the time
of approval of the subdivision plans or specifications.
8. Designs and Studies Required. Prior to any development,
including filling or excavation, being commenced upon each separate
phase of the development, the Owners shall submit detailed plans,
both preliminary and final designs, based upon reasonable projec-
tions and based upon the information and the code standards and
regulations then in effect in the Town of Severance.
9. Design Standards and Specifications. All construction
and installation of public improvements to be performed by the
Owners shall be done and accomplished in accordance with the
ordinances of the Town of Severance and the design standard
specifications rules and regulations in effect at the time of
design approval. Improvements upon private property shall be in
accordance with the building code in effect at the time of
application for private building permits. The Town may refuse to
issue certificates of occupancy and building permits for any
improvements to be placed on the subject property, unless construc-
tion of the public improvements or the phase of the development
commenced is proceeding in good faith and in accordance with the
projected timing for that development and unless all terms of this
Agreement have been otherwise faithfully complied with by the
Owners.
n t' e
0duality of Construction. The Owners shall, during any
�ptv � e iod of construction, be responsible for using proper dust and
erosion control and shall be responsible for maintaining the
!(/ streets in such a manner that they may be traveled upon until
dedication. Any damage to streets or public facilities shall be
promptly repaired in a manner acceptable to the Town. The Owners
yr and their contractors shall prevent the build-up of debris and
efuse materials and prevent such materials from being scattered in
the subdivision and shall keep paved streets free of mud and dirt.
JY 11. Cooperation. This Agreement is the product of the
cooperative effort of the Town and the Owners and shall not be
construed or interpreted against either party solely on the basis
that thfq_p pay_drafted the Agreement. In the event the Owners cPAQ_..
reguire,afprtVals from several levels of government before this
property is developed, the parties Weoue agree that they shall
cooperate in securing such approvals as may be necessary.
12. Required Covenants. The developer shall place upon the
subdivided property such covenants and architectural control
standards as may be appropriate for the property. Such covenants
and standards shall be approved by the Town. Such covenants shall
4
4 c.1 t 0y`f"
state that the Town of Severance has the right to, but is not
required to, enforce such covenants. The Owners shall include in
the covenants applicable to the annexed property a right -to -farm
covenant similar to the covenant attached to this Agreement as
Exhibit "B."
13. Costs of Annexation. The Owners agree to pay the full
cost of this annexation as such costs become due, including, but
not limited to, engineering, legal, and surveying expenses.
14. Hiking/Horse Trails. If the owners provide for hiking or
horseriding trails, either on the periphery of the subject property
or such other places as may be appropriate, such trails shall be
the private property of the Owners. The Owners or the homeowners
association shall be responsible for the maintenance of such
trails, including weed and dust control. No motorized traffic
shall be allowed on such trails. Use of the trails shall be for
the owners of lots in the annexed property and not the general
public.
15. Water System Development. The Town, at the present time,
does not supply water to its residents; however, it may do so at
some time in the future. In the meantime, water connections shall
be made through the North Weld Water District. If the Town
commences providing water services, no water services shall b
provided to the annexed area except by the Town and dedications.
Fees and user charges shall be paid to the Town as may then b
required. ,cii 4e,
16. Highway Access. The Owners shall arrange for and pay the
costs associated with the connection of the subdivision streets to
Weld County Road 23 (1st Street) and all other street and traffic
control devices within the annexed territory.
17. Liquidated Damages. The parties agree that in the event
of breach of this Agreement by either party, damages would be
extremely difficult to calculate, and in the event such breach
occurs as a result of the Town's inability to zone the property as
set forth in this Agreement or to otherwise comply with the terms
of this Agreement, the Owners' remedy shall be that they shall be
allowed to disconnect their property from the Town of Severance.
However, unless the portion of County Road 23 (1st Street) is also
disconnected from the Town of Severance, then the Owners shall
continue to have the obligations set forth in paragraph 4(c)
hereinabove. The costs of any disconnection shall be paid by the
property owners.
5
18. Miscellaneous Provisions.
(a) captions. The captions for paragraphs used in this
Agreement are for convenience of reference only and shall not be
considered a material part of this Agreement, nor shall they be
used as an aid in interpreting this Agreement.
(b) Term. All rights and obligations set forth in this
Agreement shall continue in perpetuity and shall not be considered
completed at the time of annexation or at the time of complete
development of the subdivision.
(c) Remedies. If the Town is in default under this
Agreement and does not cure the default within thirty (30) days
following written notice from Owners, then the Owners shall be
entitled to an injunctive relief or disconnection. If the Owners
are in default under this Agreement and do not cure the default
within thirty (30) days following written notice from the Town,
then the Town will be entitled to remedies which may be cumulative,
including injunctive relief and actual damages. If a petition of
initiative or reference is filed at any time which seeks to amend
or alter this Agreement and/or the terms of the ordinance annexing
the property, the Owners shall immediately be entitled to discon-
nect the property in the manner described in this paragraph, and
the Town shall not object to such disconnection.
(d) Benefit. The rights and obligations created by this
Agreement shall inure to the benefit of the Owners, their succes-
sors and assigns, unless stated otherwise herein. The parties
expressly agree that a "successor" includes, but is not limited to,
any person or party who acquires a portion of property from the
Owners in
tion
shall extend s not only to cthe h successor's
lot ss'orparcel sacquiredb by a that
successor but shall extend to the entire requirements of this
Agreement.
(e) Severability. If any term, condition, or provision
of this Agreement is held by a court or competent jurisdiction to
be invalid and unenforceable, the remainder of this Agreement shall
continue in full force and effect as if the offending term,
condition, or provision were never a part of this Agreement; except
that if, in the sole judgment of the Owners, the invalid and
unenforceable term, condition, or provision is a material part of
this Agreement, the Owners may seek and obtain disconnection in the
manner described in paragraph 10 of this Agreement.
(f) Future Acts. Following execution of this Agreement,
the Town and the Owners agree to do all acts, including the
execution of appropriate documents, when requested by the other,
6
where such acts are reasonably required to fulfill the performing
party's obligations under this Agreement.
(g) Notice. Any notice required or permitted under this
Agreement will be deemed to be received when delivered personally
in writing or five (5) days after notice has been deposited with
the U.S. Postal Service, postage prepaid, certified and return
receipt requested, and addressed as follows:
If to the Owners:
If to the Town:
Either party may change
sent by providing notice set
(h) No Merger.
considered to have merged
annexation if the portion of
survived the annexation.
the address to which notice is to be
forth in this paragraph.
No part of this Agreement shall be
or to have been completed at the
the Agreement is contemplated to have
(i) Binding Effect. This Agreement shall be recorded
with the Clerk and Recorder of the County of Weld, State of
Colorado, and shall constitute a covenant running with the land.
This Agreement shall be binding on future assigns and the Owners
and all persons who may purchase land described herein from the
Owners or any persons hereafter having an interest in the property.
(j) Integrated Agreement. This Agreement supersedes any
and all prior agreements between the parties, whether written or
oral. Any modifications to this Agreement shall be memorialized,
either in a writing executed by both parties or printed in the
minutes of a regular or special meeting of the Board of Trustees of
the Town of Severance.
7
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
KEITH R. BURMAN, Owner
SHARON L. BURMAN, Owner
TOWN OF SEVERANCE
BY:
Title:
8
Oct -22-97 10:40A Re -4 District Office
9706855280 P_01
4 EDUCA'T'ION FOR LIFE
ND50�
IMPACT STATEMENT
BELMONT FARMS
WELD COUNTY REFERRAL 5-435
Brian L. Lessman
Superintendent of Schools
'the Windsor School District estimates the student impact to be fifty-six students based upon
current district estimates.
Capital construction costs are estimated to be $83,000 - $110,000 depending upon the need
for Nimporuty units to existing buildings and additional construction of new facilities.
Additionally, these students would be served by district busses. This number of students at
100% build -out, would require the purchase of one additional school bus at a capital cost of
approximsdcly $75,000.
For further information, please contact Brian Lessman, Superintendent of Weld Re -4
Schools.
Pest-Ir Fes Nolo7C717071
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RESOLUTION NO. 1997-/p3
A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF
THE BELMONT FARMS ANNEXATION IS IN SUBSTANTIAL COMPLIANCE
WITH C.R.S. 31-12-107(1) AND SETTING A DATE FOR A HEARING
BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE TO
CONSIDER ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, the owners of 1001 of the property known as the
Belmont Farms Annexation have filed a Petition for Annexation of
the hereinafter described property to the Town of Severance, and;
WHEREAS, the Board of Trustees has determined that the
Petition is in substantial compliance with C.R.S. 31-12-107(1) and
that a hearing on such annexation should be scheduled as provided
by Colorado law.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN Of SEVERANCE, COLORADO AS FOLLOWS:
Section 1, The annexation petition is a "flagpole" type
annexation and consists of seven separate proposed annexations in
series, which annexes approximately one mile of Weld County Road 23
in a series of annexations to provide the required contiguity.
Section 2. The Board of Trustees hereby accepts the above
described annexation petition and finds and determines that the
petition for annexation of the property described as the Belmont
Farms Annexation number 1 through number 7 as such property is
described in Exhibit "A" attached hereto. The Board of Trustees
further finds that the annexation is in substantial compliance with
the requirements of C.R.S. 31-12-107(1) and Section 30 of Article
II of the Colorado Constitution and desires to initiate annexation
proceedings in accordance with law.
Section 3. The Board of Trustees hereby sets a public
hearing for the 3rd day of December, 1997 at the hour of 7:00 p.m.
at the Town Hall, Town of Severance, 336 1st Street, Severance,
Weld County, Colorado for the purpose of determining whether the
area proposed to be annexed meets the applicable requirements of
C.R.S. 31-12-104 and 105, and to determine whether the area should
be annexed to the Town of Severance.
Section 4. The Town Clerk is hereby directed to publish
notice of this hearing once each week for four successive weeks in
the Windsor Beacon, the designated newspaper for the Town of
Severance.
Oct -09-97 09:39A Town of Severance
970-686-6250 P.04
PASSED, ADOPTED AND APPROVED THIS 8th day of October, 1997.
TOWN OR SEVERANCE
'ATTEST:
BY:
MAYOR
NOTICE
Notice is hereby given that on the 3rd day of December, 1997,
at the hour of 7:00 p.m., at the Town Hall, located at 336 1st
Street, Severance, Weld County, Colorado, the Board of Trustees of
the Town of Severance will hold a public hearing on the Petition
for Annexation for the area known as the Belmont Farms Annexations
number 1 through number 7 as more particularly described in Exhibit
"A" attached to this notice.
The Resolution fixing the foregoing hearing date accompanies
this Notice. The hearing shall be for the purpose of determining
and finding whether the area proposed to be annexed meets the
applicable requirements of C.R.S. 31-12-104 and C.R.S. 31-12-105
and Section 30 of Article II of the Colorado constitution, to
determine eligibility, and to determine if the area should be
annexed to the Town of Severance.
The Petition for Annexation and accompanying maps of the area
proposed to be annexed are on file with the Town Clerk at the Town
Hall located at 336 1st Street, Severance, Colorado, and may be
inspected during normal business hours which are from 8:30 a.m. to
11:30 a.m., Monday through Friday.
GIVEN BY ORDER OF THE BOARD OF TRUSTEES OF THE TOWN OF
SEVERANCE, COLORADO.
EErL D fJ
ENE RI R
TOWN CLERK
SEVERANCE, COLORADO
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