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ANNEXATION PETITION CHECKLIST
Name of annexation: Country Acres 8th Annexation
Name of Property Owner (s): Country Acres Limited Liability Company
Person to contact: Bruce Gillam, Operations Manager, Country Acres Limited
Liability Company
Size of Acreage: 14.66 acres
Location: Section Northwest Quarter of Section 8, T: 4 North, Range: 67
West County of Weld
100% of owners signed: yes
School District(s): RE5-J
Special District (s): Thompson Rivers Recreation District, Johnstown Fire
District
Above Information Reviewed by: Diana Seele, Town Clerk 06/10/98
Date Petition Filed: April 27, 1998
Filing Fee Paid: $100.00
Resolution No. 98-7 Finding Substantial Compliance
Published: May 21, 1998
May 28, 1998
June 4, 1998
June 11, 1998
June 18, 1998
981930
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Petition Information & Notice sent to:
To: Board of County Commissioners of Weld County 06/11/98
Fire District: Johnstown Fire District 06/11/98
School District: School District RE5-J 06/11/98
Special District: Thompson Rivers Recreation
District 06/11/98
TO COMPLY WITH THE PROVISIONS OF SECTION 13-12-108(2) C.R.S.
please find enclosed a copy of the published Notice, together with a copy of the
Resolution and Petition concerning the annexation to the Town of Johnstown of
territory therein described. The provisions of annexation laws of the state now
require that such mailing be made to the Board of County Commissioners of the
County, the County Attorney and to each Special District or School District
having territory within the area to be annexed.
Thank you,
Sincerely,
Diana Seele
Town Clerk
NOTICE
NOTICE IS HEREBY GIVEN that a Petition for Annexation of territory hereinafter
described has been presented to the Town Board of Johnstown, Colorado and
found to be in apparent compliance with the applicable provisions of law and the
Town Board has adopted a Resolution to set a public hearing to be held at 7:00
p.m. on June 22, 1998 at the Town Hall at 101 Charlotte Street in Johnstown,
Colorado to determine if the proposed annexation complies with the applicable
requirements of law.
The Resolution adopted by the Town Board for such purpose is in words,
letters and figures as follows:
TOWN OF JOHNSTOWN
RESOLUTION NO. 98-7
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR THE COUNTRY ACRES 8T" ANNEXATION
Whereas a written petition, together with four prints of an annexation map,
was therefore filed with the Town Clerk requesting the annexation of certain
property to be known as Country Acres 8th Annexation, more particularly
described as Situate in the County of Weld, State of Colorado, to wit:
See Attached Exhibit A
Whereas, the Town Board desires to initiate annexation proceedings in
accordance with the law.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF JOHNSTOWN, COLORADO;
Section 1. That the Town Board hereby accepts said annexation petition,
finds and determines that the annexation petition and accompanying map are in
substantial compliance with CRS 31-12-107, and desire to initiate annexation
proceedings in accordance with law.
Section 2. The Town Board 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 22nd day of June,
1998 in the Board meeting room of the Town of Johnstown, 101 Charlotte Street,
Johnstown, Colorado at 7:00 p.m.
Section 3. The Town Clerk shall publish notice of such hearing once per
week for four successive weeks in the Johnstown Breeze, with the first
publication at least thirty (30) days prior to the date of the hearing. The Town
(18O3°
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.
Passed, approved and adopted the 18th day of May, 1998.
Town of Johnstown
s/s Thomas J. Martinez
Mayor
ATTEST
s/s Diana Seele
Town Clerk
EXHIBIT A
PROPERTY DESCRIPTION
PROPOSED ANNEXATION TO JOHNSTOWN, COLORADO
COUNTRY ACRES EIGHTH ADDITION
A portion of the Northwest Quarter of Section 8, Township 4
North, Range 67 West of the Sixth Principal Meridian, Weld
County, Colorado, described as follows;
Considering the West line of said Northwest Quarter as bearing
South 00°14'29" West between the Northwest corner of said
Northwest Quarter as monumented with a number 6 rebar and a 2"
diameter aluminum cap stamped with PLS number 20673, and the West
Quarter corner of said Northwest Quarter as monumented with a
number 6 rebar and a 2" diameter aluminum cap stamped with PLS
number 20676;
Commencing at the Northwest corner of said Section 8;
Thence South 89°13'00" East, along the North line of said
Northwest Quarter, a distance of 30.00 feet;
Thence South 00°14'29" West, along the West line of Country
Acres Fifth Annexation, a distance or 597.63 feet to the
Southwest corner of said Fifth Annexation, said point being the
POINT OF BEGINNING;
Thence along the boundaries of said Country Acres Fifth
Annexation the following Sixteen (16)courses and distances;
1. South 89°45'31" East, a distance of 271.77 feet;
2. South 66°08'30" East, a distance of 60.00 feet to a non-
tangent curve;
3. along the arc of said non to the left the center of
which bears South 66°08'30" East, having a central angle of
12°16'36" and a radius of 210.00 feet, an arc length of
45.00 feet, the chord of said curve bears South 17°43'10"
West, a distance of 44.91 feet;
4. South 78°25'02" East, a distance of 150.61 feet;
5. North 81°29'30" East, a distance of 36.98 feet;
6. South 25°56'57" East, a distance of 189.71 feet;
7. South 32°20'00" East, a distance of 103.97 feet;
8. South 49°28'52" East, a distance of 109.47 feet;
9. South 66°46'02" East,a distance of 109.61 feet;
10. South 80°0700" East, a distance of 246.73 feet;
11. South 74°34'49" East, a distance of 64.64 feet;
12. South 67°25'40" East, a distance of 150.00 feet;
13. North 22°3420" Fast, a distance of 114.80 feet;
14. along the arc of a curve to the right having a central angle
of 78°38'19" and a radius of 15.00 feet, an arc length of
20.59 feet, the chord of said curve bears North 61°53'30"
ggil3°
East, a distance of 19.01 feet, to a point of reverse
curvature;
15. along the arc of said reverse curve to the left, having a
central angle of 00°57'40"radius of 230.00 feet, an arc
length of 3.86 feet, the chord of said curve bears South
79°16'10" East, a distance of 3.86 feet;
16. South 79°45'00" East, a distance of 111.76 feet;
Thence departing the boundaries of said Fifth Annexation, South
22°34'20" West, along the Westerly line of Country Acres
Seventh Annexation and Subdivision, a distance of 349.02 feet to a
point on a line parallel with and 50.00 feet north of, measured
at right angles to the centerline of the Hillsborough Irrigation
Canal, as located in the field during the month of February of
1998;
Thence along said parallel line the following five(5) courses
and distances;
I. along the arc of a non-tangent curve to the right, the center
of which bears North 03°36'57" West, having a central angle
of 16°52'51" and a radius of 1680.28 feet, an arc length of
495.05 feet, the chord of said curve bears North 85°10'31"
West, a distance of 493.26 feet;
2. N 76°44'06" West, a distance of 281.39 feet;
3. along the arc of a curve to the left, having a central angle
of 31°31'56" and a radius of 164.70 feet,an arc length of
90.64 feet, the chord of said curve bears South 87°29'57"
West, a distance of 89.50 feet;
4. South 71°43'59" West, a distance of 231.73 feet;
5. South 59°37'13" West, a distance of 21.60 feet to a point
on the East line of that certain parcel of land as described
in book 1482 at page 1226 of Weld County records;
Thence North 24°34'31" West, along the East line of said book
1482, page 1226, a distance of 166.68 feet,to the Northeast
corner of said book 1482, page 1226;
Thence South 65°25'29" West, along the North line of said book
1482, page 1226, a distance of 158.69 feet to a point on the East
right-of-way line of Weld County road Number 15;
Thence North 00°14'29" East, along said East right-of-way line
along a line parallel with and 30.00 feet East of, measured at
right angles to, the West line of the Northwest quarter of said
Section 8, a distance of 706.63 feet to the POINT OF BEGINNING;
The above described parcel contains 14.52 acres, or 632,617
square feet more or less.
Prepared by Michael J. DeDecker of CDS Engineering Corp,
165 SW 2°° ST, Loveland, Colorado
031930
ANNEXATION IMPACT REPORT
NAME OF ANNEXATION:
COUNTRY ACRES EIGHT ANNEXATION
DATE OF REVIEW BY THE JOHNSTOWN TOWN BOARD
First Reading-
Second Reading and Public Hearing-
The purpose of this report is to satisfy the requirements of CRS 31-12-108.5 which
indicates that a municipality shall prepare an Annexation Impact Report and file a copy
of the report with the Board of County Commissioners governing the area proposed to
be annexed. Attached to this report are the following:
(al) A map showing the present and proposed boundaries of the Town of Johnstown
in the vicinity of the proposed annexation have been shown on the Annexation
Plat Map.
(all) Exhibit A - A map showing present and proposed streets
Exhibit B - A map showing existing and proposed utility facilities.
Exhibit C -A map showing existing and proposed land uses.
(all') The area of the proposed annexation is presently vacant undeveloped land .
The petitioner of the annexation intends to develop the property for residential
uses.
(c) The Town of Johnstown plans to extend municipal services into the area of the
above referenced annexation. The developer will be responsible for extending
streets and municipal utilities to serve the development.
(d) The Town participates in any required oversizing of streets, water and sewer
lines. Street oversizing is paid for out of the Town's Capital Expansion Fee fund
and the Town of Johnstown provides the materials necessary to oversize water
and sewer lines. The developer has several options to assist with financing of
streets and municipal utilities including the use of Special Improvement Districts
and reimbursement agreements. The Town collects Capital Expansion Fees
which partially fund the following municipal services: parks and recreation,
police, fire, library, museum, general government, streets and drainage. The
Town's General Fund finances the remainder.
c,Si13o
(e) The following entities are currently providing services within the COUNTRY
ACRES EIGHT ANNEXATION.
SCHOOL DISTRICT
Weld County Re-J5 School District
FIRE DISTRICT
Johnstown Rural Fire Protection District
HOSPITAL DISTRICT
Thompson Valley Hospital District
SANITATION DISTRICT
Town of Johnstown
WATER DISTRICT
Town of Johnstown
ELECTRIC POWER
Public Service Company of Colorado
(f) The applicant plans to develop 47 residential units within the area to be
annexed. The breakdown of unit types or purposes of determining the number
of students to be expected is as follows: Contact Weld County Re-5J School
District at 587-2336 or other applicable school districts.
HOUSING No.OF
TYPE UNITS
SINGLE FAMILY 47
2-5 UNIT
DWELLING 0
>5 UNIT
DWELLING 0
TOTAL 47
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Using student generation per housing unit figures provided by the
Thompson R2-J School District, the total number of students to be
expected at full build out of the annexation will be as follows:
SCHOOL No.OF
GRADE STUDENTS
ELEMENTARY 58
JUNIOR HIGH 26
SENIOR HIGH
TOTAL 107
At this time, the Thompson R2-J School District has not determined the
capital construction cost required to educate the students.
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I EXHIBIT "A"
250 0 250 EXISTING AND PROPOSED
STREETS FOR
SCALE 1"=250 COUNTRY ACRES 8TH ADDITION
SCALE. 1" = 250' m�C Engineering PROJECT No. P98-9360
I DATE 5-26-98 J Corporation DRAWING NO. C-A-8TH
FIELD BOOK: N/A 165 2nd ST W REVISION No.
LOVELAND, COLORADO 80538 SHEET 1 or 1
DRAWN'. MJD ' CHECKED' MJD (970) 667-8010
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EXHIBIT "B"
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EXISTING AND PROPOSED
UTILITIES IN THE VICINITY OF
SCALE 1",=250 COUNTRY ACRES 8TH ADDITION
SCALE; 1" = 250 Engineering PROJECT Na P98-9360
C
DATE; 5-26-98 CDS Cornporo.tion DRAWING NO. C-A-8TH
FIELD BOOK; N/A 165 2nd ST V REVISION NO.
LOVELAND, COLORADO 80538 SHEET 1 OF i
I DRAWN; MJD I CHECKED; MJD (970) 667-8010 s
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EXHIBIT "C"
250 0 250 EXISTING AND PROPOSED
LAND USES IN THE VICINITY OF
SCALE =250' COUNTRY ACRES 8TH ADDITION
SCALE: 1" = 250• Engineering PROJECT NO. P98-9360
-c1 GRAVING NO. C-A-8TH
DATE, 5-26-98 Corporation
FIELD BOOK, NSA 165 2nd ST REVISION Na
LOVELAND, COLORADO 80538
I DRAWN, MJD I CHECKED, MUD (970) 667-8010 SHEET 1 OF 1
gyi93D
PETITION FOR ANNEXATION
The undersigned hereby petition the Town of Johnstown, Colorado, for the
annexation of an area, to be referred to as Country Acres Eighth Annexation to the
Town of Johnstown. Said area, consisting of approximately 14.66 acres, is more
particularly described on Attachment "A", attached hereto.
The petitioners allege:
1 . That it is desirable and necessary that such area be annexed to the Town
of Johnstown.
2. That the requirements of Section 31-12-104 and 31-12-105, C.R.S.
1973, exist or have been met.
3. That not less than one-sixth of the perimeter of the area proposed to be
annexed is contiguous with the boundaries of the Town of Johnstown.
4. That a community of interest exists between the proposed to be annexed
and the Town of Johnstown.
5. That the area to be annexed is urban or will be urbanized in the near
future.
6. That the area to be annexed is integrated with or capable of being
integrated with the Town of Johnstown.
7. That the petitioners herein comprise more than fifty percent (50%) of the
landowners in the area and own more than fifty percent (50%) of the
area to be annexed, excluding public streets, alleys and lands owned by
the Town of Johnstown.
WHEREFORE, said petitioners request that the Board of Trustees of the Town
of Johnstown approve the annexation of said area. Furthermore, the petitioners
request that said area be placed in the Single Family Residential Zoning District (SF-1 )
pursuant to the Zoning Code of the Town of Johnstown.
initial
9Yi g,3o
Petition for Annexation - Page 2 of 2
B ce W. Gillam, Operations M Hager
Country Acres Limited Liability Company
STATE OF COLORADO 1
ss
COUNTY OF WELD )
Subscribed cr and sworn to before me this a2 7 day of Apri 1 , 1998,
by: 6t ee hi 64,7 •
Witness my hand and official seal.
My commission expires: /-ag/e24dc9
�� 4f'�r PU.
}
Notary Pub yL A
9g/1.30
WELD COUNTY ROAD 15
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EXHIBIT A
PROPERTY DESCRIPTION
PROPOSED ANNEXATION TO JOHNSTOWN, COLORADO
COUNTRY ACRES EIGHTH ADDITION
A portion of the Northwest Quarter of Section 8, Township 4
North, Range 67 West of the Sixth Principal Meridian, Weld
County, Colorado, described as follows;
Considering the West line of said Northwest Quarter as bearing
South 00°14'29" West between the Northwest corner of said
Northwest Quarter as monumented with a number 6 rebar and a 2"
diameter aluminum cap stamped with PLS number 20673, and the West
Quarter corner of said Northwest Quarter as monumented with a
number 6 rebar and a 2" diameter aluminum cap stamped with PLS
number 20676;
Commencing at the Northwest corner of said Section 8;
Thence South 89°13'00" East, along the North line of said
Northwest Quarter, a distance of 30.00 feet;
Thence South 00°14'29" West,along the West line of Country
Acres Fifth Annexation, a distance or 597.63 feet to the
Southwest corner of said Fifth Annexation, said point being the
POINT OF BEGINNING;
Thence along the boundaries of said Country Acres Fifth
Annexation the following Sixteen(16)courses and distances;
1. South 89°45'31" East, a distance of 271.77 feet;
2. South 66°08'30" East,a distance of 60.00 feet to a non-
tangent curve;
3. along the arc of said non to the left the center of
which bears South 66°08'30" East, having a central angle of
12°16'36" and a radius of 210.00 feet, an arc length of
45.00 feet, the chord of said curve bears South 17°43'10"
West, a distance of 44.91 feet;
4. South 78°25'02" East, a distance of 150.61 feet;
5. North 81°29'30" East, a distance of 36.98 feet;
6. South 25°56'57" East, a distance of 189.71 feet;
7. South 32°20'00" East, a distance of 103.97 feet;
8. South 49°28'52" East, a distance of 109.47 feet;
9. South 66°46'02" East,a distance of 109.61 feet;
10. South 80°07'00" East, a distance of 246.73 feet;
11. South 74°34'49" East, a distance of 64.64 feet;
12. South 67°25'40" East, a distance of 150.00 feet;
13. North 22°34'20" East, a distance of 114.80 feet;
14. along the arc of a curve to the right having a central angle
of 78°38'19" and a radius of 15.00 feet, an arc length of
20.59 feet, the chord of said curve bears North 61°53'30"
()D930 930
East, a distance of 19.01 feet, to a point of reverse
curvature;
15. along the arc of said reverse curve to the left, having a
central angle of 00°57'40"radius of 230.00 feet, an arc
length of 3.86 feet, the chord of said curve bears South
79°16'10" East, a distance of 3.86 feet;
16. South 79°45'00" East, a distance of 111.76 feet;
Thence departing the boundaries of said Fifth Annexation, South
22°34'20" West, along the Westerly line of Country Acres
Seventh Annexation and Subdivision, a distance of 349.02 feet to a
point on a line parallel with and 50.00 feet north of, measured
at right angles to the centerline of the Hillsborough Irrigation
Canal, as located in the field during the month of February of
1998;
Thence along said parallel line the following five(5)courses
and distances;
1. along the arc of a non-tangent curve to the right, the center
of which bears North 03°36'57" West, having a central angle
of 16°52'51" and a radius of 1680.28 feet, an arc length of
495.05 feet, the chord of said curve bears North 85°10'31"
West, a distance of 493.26 feet;
2. N 76°44'06" West, a distance of 281.39 feet;
3. along the arc of a curve to the left, having a central angle
of 31°31'56" and a radius of 164.70 feet, an arc length of
90.64 feet, the chord of said curve bears South 87°29'57"
West, a distance of 89.50 feet;
4. South 71°43'59" West, a distance of 231.73 feet;
5. South 59°37'13" West, a distance of 21.60 feet to a point
on the East line of that certain parcel of land as described
in book 1482 at page 1226 of Weld County records;
Thence North 24°34'31" West, along the East line of said book
1482, page 1226, a distance of 166.68 feet,to the Northeast
corner of said book 1482, page 1226;
Thence South 65°2529" West,along the North line of said book
1482, page 1226, a distance of 158.69 feet to a point on the East
right-of-way line of Weld County road Number 15;
Thence North 00°1429" East, along said East right-of-way line
along a line parallel with and 30.00 feet East of, measured at
right angles to, the West line of the Northwest quarter of said
Section 8, a distance of 706.63 feet to the POINT OF BEGINNING;
The above described parcel contains 14.52 acres, or 632,617
square feet more or less.
Prepared by Michael J. DeDecker of CDS Engineering Corp,
165 SW 2"°ST, Loveland,Colorado
Q5/g33
ANNEXATION AGREEMENT
ANNEXATION
This agreement made and entered into this _ day of , 19^, by and
between C 0 tat Ai y A-CM CY C ,hereinafter referred to as"ANNEXOR",and the
TOWN OF JOHNSTOWN, a Municipal Corporation hereinafter referred to as "TOWN".
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 TOWN; and whereas
the parties mutually agree that the annexation of the property to the TOWN shall not create any
additional costs or impose additional burden on existing residents of the TOWN 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:
ZONING
The proposed annexation contains nearly a4 acres, and it is intended by both parties
that the area will be developed as O acres of commercial use and /2• acres of residential
use and t> acres of industrial use under the requirements of Town municipal code. The
maximum number of dwelling units shall be jl6 units.
4'7
STREETS
All streets will be constructed to current Town standards.
DRAINAGE '' '/
A drainage study of the entire approximately acre parcel will be provided by the
ANNEXOR. Improvements recommended by such study shall be completed at the time of
completion of each phase of development. The park area required to be dedicated to the
TOWN,pursuant to the TOWN'S subdivision i cgulaTtarreirmistrinearpo .
All storm drainage improvements will be approved and inspected by the Town Engineer and built
in accordance to the TOWN'S building and construction standards. ANNEXOR will provide
all rights-of-way, drainage studies, park and detention pond areas, and the storm drainage
collection system. Drainage fees shall be paid at the time of the issuance of a building permit for
each home to be constructed.
WATER
Water will be dedicated by developer/annexor pursuant to the current requirements of
Johnstown's Municipal Code. 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. Such water mains must be sized and built to the TOWN'S construction standards. Town
Administrator may require residents to tap onto the TOWN's main system at such time or the
TOWN's water mains reach the project area.
SEWER
ANNEXOR shall provide and pay for all sewer mains and manholes within the
development and must meet the Town's standards. All rights-of-way, if any, which
are necessary to connect Country Acres Eight Filing to the Town's main sewer line I
shall be acquired by Country Acres LLC and assigned to the Town.
PUBLIC LAND DEDICATION
ANNEXOR will dedicate a minimum of 3 acres to the TOWN for park an drainage
purposes. The location and development costs for this park will be determined on approval of
the final PUD Plat and development agreement.
The developer will provide the open space required under the TOWN'S ordinance as well
as any improvements necessary for use of the open space by the developments residents. The
development's home owner association will maintain the open space. The Town will have no
impact with respect to open space. The Town's open space requirements are 3,000 square feet
of open space for every SFI dwelling unit. The proposed development includes 97 dwelling
units which will require - 0 -acres of open space for every SFI dwelling unit. The developer
will provide -0 - acres of open space in the development.
Prnyicinnc for park land and improvements to the dedie'tert park land will hr provided
fer in the development agreement.
Utilization of the flood plain for open space and recreational uses will be maximized as
development plans are formulated.
GENERAL PROVISIONS
This agreement shall be recorded with the Clerk and Recorder of Weld County Colorado,
shall run 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 TOWN of assignments and the
name of the assignee.
Nothing contained in this agreement shall constitute or be interpreted as a repeal of
existing codes, ordinances or as a waiver of the TOWN'S legislative, governmental or police
powers to promote and protect the health, safety, and general welfare of the TOWN or its
inhabitants; nor shall this agreement prohibit the enactment by the Town of any fee which is of
uniform or general application.
No right or remedy of disconnection of the described property from the TOWN 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
TOWN 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.
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.
'K T o e a-4-4d 0A^- S I-c �Q,,� / a
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 Town of Johnstown; 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.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials
to place their hands and seals upon this agreement dated the year first above.
TOWN OFJOHNSTOWN, COLORADO
By: Mayor
ATTEST:
Town Clerk
ANNEXOR:
By:
Date:
' i93 (- 4
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