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Home My WebLink About992607.tiff TOWN OF BERTHOUD 328 MASSACHUSETTS AVENUE•P.O. BOX 1229 BERTHOUD,COLORADO 80513 - - r., TOWN HALL POLICE DEPARTMENT Phone(970) 532-2643 - - Phone(970)532-2611 Fax (970)532-06401 - Fax (970)532-3534 October 15, 1999 Weld County Commissioners 915 106' St. Greeley, Co. 80532 RE: Berthoud Technological Center Dear Sir: The Town of Berthoud has received an annexation petition for the Berthoud Technological Center and the public hearing has been scheduled for Nov. 9, 1999. Pursuant to CR5; 31-12-108 please accept the enclosed notice on the Berthoud Technological Center. Enclosed are copies of the published notices and a copy of the annexation petitions. Sincerely, I ` ( ^ 1 `� , 1 h�� L-tt' l Gicit J�A.�/1A-J Mary K. Cowdin Town Clerk ( : {P'L , N, C�. so , EC 992607 TOWN OF BERTHOUD, COUNTIES OF LARIMER AND WELD, COLORADO ANNEXATION IMPACT REPORT CONCERNING THE Berthoud Technological Center ANNEXATION In Accordance with Section 31-12-108.5 of the Colorado Revised Statutes Annotated. The Town of Berthoud is submitting the following annexation impact report to fulfill all such required action for the above named annexations. This impact report specifically analyzes the above annexations and identifies what impact it will have on the Town of Berthoud and the municipal services that will be provided. This impact report has been completed at least twenty-five days before the date of the Public Hearing established pursuant to Section 31-12-108 of the Colorado Annotated Statutes. i TABLE OF CONTENTS ANNEXATION AND THE TOWN OF BERTHOUD 3 BERTHOUD TECHNOLOGICAL CENTER 3 TOWN BOUNDARIES §31-12-108.5(A) (1) 3 EXISTING& PROPOSED INFRASTRUCTURE§SECTION31-12-1O8.S(A) (11) 3 EXISTING AND PROPOSED LAND USES§31-12-108.5(A) (III) 4 PRE-ANNEXATION AGREEMENTS§31-12-108.5(B) 4 4 SITE DATA§31-12-108.5(C) 4 EXISTING 4 PROPOSED FINANCING OF MUNICIPAL SERVICE EXPANSION§31-12-108.5(D) 5 5 EXISTING DISTRICTS§31-12-108.5(E) ANTICIPATED IMPACTS AND COSTS TO SCHOOLS§31-12-108.5(I) 5 5 THREE MILE PLAN 2 Annexation and the Town of Berthoud State statutes require that any municipality annexing property must provide "urban level services" (i.e. water, wastewater, police, recreation, schools, and other services) to those areas they intend to annex. The Town of Berthoud recognizes this responsibility and can successfully provide these services to those areas under consideration by the Town. The Town of Berthoud has adopted a Comprehensive Plan and Development Code that both describe and require future development within the Town to meet standards that will provide the same levels of service to new areas as it is currently providing within the existing town. These documents, we believe allow the Town to achieve controlled, orderly and efficient growth that any Front Range community could use as an example of smart growth. To accomplish orderly, controlled, quality growth in terms of annexation, Berthoud will rely on the Town's Development Code, Comprehensive Plan, Land Use Plan and the Northern Colorado Regional Planning Study to provide the basic guidelines for construction and development of new areas around the Town. Berthoud Technological Center Annexation The property included in this annexation is to be known as the Berthoud Technological Center Annexation to the Town of Berthoud. This property is contiguous to the Town of Berthoud and the total area of this annexation is 160 acres +/-. The parcel included in this annexation is currently being used for industrial purposes and will be brought into the Town under the zoning of PUD Planned Unit Development. Town Boundaries § 31-12-108.5 (a) (I) The Town's present and proposed boundaries are shown on Map 1 of this Impact Report. A solid line with shading represents the Town's current boundaries. The proposed boundaries are identified by a line with hatching. Existing & Proposed Infrastructure § Section 31-12-108.5 (a) (II) The majority of the Town's current infrastructure (i.e. water and sewer lines) is located within the existing Town limits except for portions of both the Town's water and sewer systems that are located within parts of unincorporated Larimer and Weld Counties. The existing streets within the Town are shown on Map 2 and 3 of this Impact Report and this map also shows the existing roads within the area to be annexed. The Town has been in the process of designing additional infrastructure for this area and plans to provide both water and wastewater to this area (see Map 3). The Town of Berthoud bonded in 1997 for 5 million dollars to expand the Town's water plant which will double our existing capacity when the expansion is completed in 1999. The bond also provided funds to complete a wastewater plant expansion that will also double our existing capacity allowing us to service additional development in Larimer and Weld Counties. The Town has recently completed a Recorded Exemption in Weld County for a 10-acre panel, which we have purchased. The Town has begun construction of our 3 wastewater expansion and will be extending a sewer line out to 1-25 to service this area in 1999 - 2000. When you combine these items with our other long range plans for service expansion (see Map 3) the Town will be able to provide service to this area. Existing and Proposed Land Uses §31-12-108.5 (a) (►U) The existing land use on the property to be annexed is Industrial. The property is currently zoned PUD in Weld County and the owners have requested to be zoned as PUD Planned Unit Development in the Town of Berthoud (see Map 4) . Pre-annexation Agreements § 31-12-108.5 (b) There will not be any pre-annexation agreements. Site Data § 31-12-108.5 (c) The information listed below sets forth the plans of the municipality for the provision of municipal services to the area proposed for annexation. The information below is a summary of the existing services being provided to this property within this annexation. This summary identifies those services as they exist today and how they will be provided to this area after the annexation. Included in this summary is a statement of how the Town of 13erthoucl will finance this expansion and what we will require of the property owner upon development of their property. Berthoud Technological Annexation Existing Proposed Zonin. PUD Planned Unit Development PUD Planned Unit Develo ment Acrea•e 160 acres +/- 160 acres +/- Land Use Industrial Industrial Services Berthoud Fire Protection District Same Provided Weld County Sheriff Town of Berthoud Police _ Public Service Same Poudre Valley REA Same Thompson R2-J School District Same Wastewater —Town of Berthoud Town of Berthoud Water (Little Thompson) Town of Berthoud/ Little T Town of Berthoud Library Districts. Thompson R2-J School District Same Berthoud Fire Protection District Same _ No. Colo. Water Conserv. District Same Thompson Valley Hospital Same 4 Summary: Upon annexation, the Town of Berthoud will provide the above services to this property. All of the services provided to this parcel are used by the citizens of Berthoud and would not change due to this annexation. The property owner will be required to pay for any service expansion related to a change of use when this property develops and would provide these services as outlined in the Town of Berthoud Development Code. Financing of Municipal service expansion § 31-12-108.5 (d) As stated above the Town of Berthoud has bonded for 5 million dollars to expand our services to this area that we intend to annex and serve. The expansions of both the water plant and wastewater plant are included in this bond and will allow the Town to double our existing capacity in both areas. The bonds will be repaid through tap fees and is a way in which development will pay for its fair share of development. Existing Districts § 31-12-108.5 (e) Listed below are the existing districts servicing the property to be annexed: Little Thompson Water District Berthoud Fire Protection District Thompson R2-J School District Northern Colorado Water Conservancy District Thompson Valley Hospital Anticipated Impacts and Costs to Schools § 31-12-108.5 (fl The Town of Berthoud does not expect any negative impacts to the Thompson R2-J School District since this will be an Industrial property. This addition will provide additional revenue to the District Three Mile Plan In compliance with Section 31-12-105 C.R.S. the Town of Berthoud has reviewed and updated its three-rnile plan for these areas within the last 12 months. 5 Wyk I ( + i I. I— F ,- , �l ' I .1 , ® 1 I _._--1 —} 1I I I ro j I I t Co Rd I l - --"',Jo - —•-..."7.,:.1 .•_- Jr;, I . 1,±bie )...- uyj Tl _ J��, h ,i 11= L; , J ; 1� a Cr I- r Kcl a 'I i _ :7_ .J q, I o.. -- S 3 teal-+ �'o, Rt�-- __ Y I c ^ ()IL LJ t V 1.. . 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'.. tr ti; I t\ ` tir' ZR gr • ri a • C<, S% i� { ,l 100 • , •;�, kLNno\\a33M i M i`K i r J3CiflM ' J ilr� /•� i I L 7H �I f ' e3 \ • JJ © J �, • ( / f i 3 as ' 1—, 1 . . 1 c PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO BERTHOUD TECHNOLOGICAL CENTER TO THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part I, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado, for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit"A", attached hereto and incorporated herein by reference. The perimeter of the proposed annexation has a distance of 10,665.41 feet, of which 5,337.12 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6 of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereinafter referred to as "the Town"). The proposed annexation area contains approximately 163.18 acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.R.S., as amended, exist or have been met: a. Not less than one-sixth of the perimeter of the proposed annexation area in contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. 'The proposed annexation area is urban or will be urbanized in the near future; d. The propcsed annexation area is integrated, or is capable of being integrated, with the Town. 2. The requirements of Section 31-21-105, C.R.S., as amended, exist, or have been met, including the f hllowing: a. In establishing the boundaries of the proposed annexation area, no land held in identical ownership. whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of$200,000 for ad valorem tax purposes for the year preceding in the annexation has been included without the consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality; d. The proposed annexation area would not have the effect of extending a municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in any one year; and • e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of P.U.D. - Planned Unit Development Zoning District, for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for the area, which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation, transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioners anticipate water and sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electrical services from either Public Service Company of Colorado, RN Energy and/or REA, and telephone service from US West Communications. All other public facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing reasonable growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein described as Exhibit"A"as indicated in this petition. 10. The signature and mailing address of each Petitioner appears on the petition next to the date that: they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference mace a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following: a. Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other; d. A vicinity map showing the proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 'h"x 11"mailing sheet; and b. An application fee of $ 300.00, plus $ 10.00 per acre for each acre in the proposed annexation area. 14. Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. EXECUTED this 'Z c day of �.. .1)4?J` , 199(1 . Petitioner: BDE, Inc., Development Company By: Name: ££4zRZy 0,4 Coefc.'✓ Title: l )A-A,:Y: Address: \ 3 7) ti)e\. Co 0- 7 ±tho A GIB (305/ 3 Phone Number: (cF9 L) ¶??—Z Z 6 e STATE OF COLORADO ) f ) ss. COUNTY OF/.Qr, vner- ) The foregoing Petition for Annexation was subscribed and sworn to before me this 'day of .5296/tk .dies- , A.D., 1999 , by rb-y au, se-r as 41n « e _of BDE, Inc.,Development Company. Witness my hand and official seal. My commission expires: / O/ G/ N ary Public (SEAL) AFFIDAVIT OF CIRCULAR STATE OF COLORADO ) ) ss. COUNTY OF/afr-,'mea— ) The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circular of the forgoing Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of five (5) pages, including this page, and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. CIRCULATOR: ar). — Name The foregoing Affidavit of Circulator was subscribed and sworn to before me this /407 , day of J�ep5enitir , A.D., 1999 . Witness my hand and official seal. My commission expires: /o Off-U / N ary Public (SEAL; N N _a 3 oU oU 3 3 " '0 CI— 0-- a0 coo i w Laco to O LO LO m m L •a1 ZO o L K a. cc c C1 3: N 0 0 .- 0 it CU CC CC at -0 I I n. a ° m m .0 t •U N L Z •c Z .� m 3 "- O '- 0 o O *C.: W 4- 0 O fn 0 N n. 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C W c0 m 0 ace — IZt IWZ C 0WZt ,.- Z ,c, O -cm 000 QN41- 1O: Q1- Xn < F- OQF- 0 0 ADDENDUM to the ANNEXATION PETITION for the BERTHOUD TECHNOLOGICAL CENTER TO THE TOWN OF BERTHOUD,COLORADO WITNESSETH: WHEREAS, the undersigned landowners desire to annex to the Town of Berthoud,property more fully described in the annexation petition for the Berthoud Technological Center Annexation to the Town of Berthoud,which property is hereinafter referred to as"the property"; and WHEREAS, this Agreement is in addition to and part of the annexation petition for the Berthoud Technological Center filed by the undersigned; and WHEREAS, annexation of the property to the Town of Berthoud pursuant to the annexation petition and this agreement will incorporate the provisions hereof as terms and conditions of the annexation of the property to the Town of Berthoud; and WHEREAS, the undersigned (thereinafter referred to as "Owner") acknowledge that upon annexation, the property shall be subject to all ordinances, resolutions, and other regulations of the Town of Berthoud, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for rights-of-ways and easements to the Town of Berthoud as conremplated in this Agreement, are directly related to and generated by development intended to occur within the property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AND THE RIGHTS AND RESPONSIBILITIES AS HEREINAFTER SET FORTH, THE OWNERS ADD TO THEIR PETITION TO THE TOWN OF BERTHOUD FOR ANNEXATION OF THE PROPERTY TO INCLUDE ALL THE TERMS AND CONDITIONS HEREINAFTER SET FORTH: 1. Owner agrees to execute, promptly upon request of Berthoud, any and all surveys, petitions, and other documents necessary to effect the annexation of the property and the other provisions of the Agreement. Unless Berthoud is in default pursuant to the terms of the Agreement, Owner agrees to not sign any other petition for annexation of the property or any petition for an annexation election relating to the property. 2. Berthoud agrees to provide and necessary legal documents, surveys, engineering work, newspaper publication, posting, maps, and reports determined by Berthoud to be reasonably necessary to accomplish the annexation. The parties understand the Berthoud shall prepare the "Annexation Impact Report". 3. Berthoud shall complete the annexation of the property within 120 days of the filing of the petition with the Town Clerk, unless Owner consents to later action. If the annexation of the property is not completed within the 120 day period, Owner may withdraw the petition and this Agreement shall be null and void. 4. The parties recognize that it is the intent and desire of the Owner to develop the property for commercial, office, industrial, and limited retail purposes. The Owner has requested PUD- Planned Unit Development Zoning District of the annexed property, more specifically described as the Berthoud Technological Center P.U.D., being a portion of the West % of Section 27, Township 4 North, Range 68 West of the 6'h P.M. The Owner intends to construct a minimum of 2 lots and a maximum of 65 lots ranging in size from .75 acre to 160 acres. Note that the final number of lots will be determined at the time of final platting for the property. Also note that one building or structure shall be permitted to occupy more than one (1) lot as long as all setback requirements and building code issues are met. The approval by Berthoud of said zoning, uses, and densities is a condition of the annexation of the property. The maximum density of 65 lots on approximately 160 acres shall constitute a "site specific development plan" pursuant to C.R.S. Section 24-68-103, and said density and use shall last for a period of twenty years from the date of this Annexation approval. The purpose of said vesting period is to allow Owner to phase the development in order to respond to economic conditions. Nothing in this Agreement shall preclude the application of other Town ordinances, resolutions, and regulations pertaining to the development and use of the property, or requiring approval of a more specific development plan for the property, so long as such ordinances, resolutions, regulations, and other approvals do not reduce the minimum number of lots permitted on the property. During the vesting period, Owner may, but is not required to develop the property in accordance with Owner's development schedule as such schedule may exist from time to time. 5. The parties understand that if during the vesting period any act by the Town, including but not limited to a citizen-initiated ordinance, is adopted which: reduces the number of lots permitted; denies the uses permitted; or delays the building of buildings on the property; shall be considered a default of this Agreement. In the event of such default, the Owner may take and Berthoud shall not oppose any action that is necessary to effect disconnection or deannexation of the property from the Town of Berthoud. 6. The parties shall take all necessary action to zone the annexed property within the time prescribed by state statutes. 7. Owner agrees to dedicate,by appropriate instrument of conveyance acceptable to Berthoud, all easements and rights-of-way as required by Town ordinances and resolutions in effect at the time of the dedication. The location of such dedications shall be approved by Berthoud in the applicable subdivision plat. Such dedications shall occur at the time of final approval of the subdivision platting. 8. Owner agrees to provide signage for all public and private streets, and other public ways within the property pursuant to Town ordinances and resolutions and other applicable standards. Owner further agrees to make such improvements, including improvements to County Road 7, as required by Town ordinances and resolutions, including any requirements of any oversizing ordinance, to guarantee construction of all required improvements, and if requested by Berthoud, to dedicate to Berthoud any or all other required improvements. If any such improvements benefit any other property, Berthoud will require an Addendum by the 2 owner of such property to reimburse the Owner for the portion of the cost of such improvements attributable to such benefit. 9. Subject to Berthoud's approval, Owner may establish one or more special improvement districts, special districts, or other mechanisms authorized by law for the purpose of making public improvements to the property. Prior to the establishment of any such mechanism, Owner shall cooperate with Berthoud to prepare organizational documents and shall submit for Berthoud's review, amendment, approval or disapproval, such organizational documents pertaining tc the same, whether or not such mechanism is wholly or only partly located within the boundaries of the Town of Berthoud. 10. The Owner and Berthoud agree that the Owner may be required to construct offsite and/or oversized improvements to provide service to future and surrounding developments. These improvements may include but are not limited to sanitary sewer mains and extensions, storm sewer improvements, water mains and distribution system, street and road improvements, electric and natural gas improvements and shall be identified by Berthoud and the Owner at the time of final utility design. If Owner is required to make any these improvements then the Town of Berthoud shall enter into a oversizing and/or offsite reimbursement agreement with the Owner prior to development of any improvements related to the reimbursement agreement. If additional offsite easements are required related to any improvements, Berthoud shall assist and if necessary, exercise its powers of eminent domain to acquire any of the required easements, the cost of such to be borne by the Owner. 11. Except as to the rights vested pursuant to Sections 4 and 5 of the Agreement, Owner agrees that the design, improvement, construction, development, and use of property shall be in conformance with, and that Owner shall comply with all Town ordinances and resolutions including,without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, and flood control. 12. Owner agrees that Berthoud may enact by ordinance one or more impact fees for the purpose of mitigating the impacts to Berthoud caused by development of the property within the Town. Such fee or fees as established by any such ordinance may be applicable to the property. Any such fee shall be reasonably related to the overall cost of the particular impact or service for which the fee was imposed. Any such fee shall also be imposed on owners of other property, the development of which causes the same impacts to Berthoud as Owner's development of the property. 13. Except as to the rights vested pursuant to Sections 4 and 5 of this Agreement, nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Berthoud's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of Berthoud and its inhabitants; nor shall this Agreement prohibit the enactment or increase by Berthoud of any tax or fee as authorized by law. 14. lerthoud agrees to make available to the property all of the usual municipal services including water and sanitary sewer service, which are or could be provided by Berthoud or other properties in Berthoud in accordance with the ordinances and policies of Berthoud. In the event that any utility services can be supplied by Berthoud at comparable cost to Owner including, but not limited to, tap fees, rates, and extensions of service to the property, Owner shall use 3 said services provided by Berthoud. Berthoud agrees to take steps reasonably necessary to update its 208 plan for its sewage treatment facility in order to have sewage service available to the property when development occurs. In the event sanitary sewer service is not available to service the property at the time Owner wishes to begin development of the property„ Owner shall be permitted continued use of the existing septic system or shall be allowed to install additional septic systems on individual lots so long as said septic systems meet all requirements and regulations of the Weld County Health Department. 15. In the event of a material breach of any material provision of the Agreement, the non-breaching party may as a court of competent jurisdiction to enter a writ of mandamus, temporary or permanent restraining orders, temporary or permanent injunctions, or orders of specific performance, to compel the breaching party to perform its duties under this Agreement, and non-breaching party shall be entitled to recover its expenses and reasonable attorneys fees incurred by reason of such breach. 16. The Parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 17. This agreement and all amendments shall be recorded with the County Clerk of Weld County, Colorado, shill be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property and this Agreement. 18. This Agreement embodies the entire Agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or Agreements, either verbal or written,between the parties. This Agreement may be amended by the Town of Berthoud and the Owner. Such amendments shall be in writing. 19. As used in this Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of the Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 20. As used in this agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy, is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon the Owner, subject to any applicable provisions for valid,pre-existing, non-conforming uses. 21. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof. This Agreement may be enforced in any court of competent jurisdiction. 22. This Agreement shall be null and void if Berthoud fails to approve the annexation of the property. 4 23. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Berthoud. No assurances of annexation or zoning have been made or relied upon by Owner. 24. In the event of disconnection or deannexation of the property or a portion thereof from Berthoud as a result of the default of Berthoud in the terms and conditions of this Agreement, Berthoud shall continue to provide all municipal utility services to the property, including but not limited to, sewer service, and electric and water service if applicable. Approved and ag:eed to this day of , 19 . BDE, Inc. Development Company By: By: Title: Title: TOWN OF BERTHOUD,COLORADO A MUNICIPAL CORPORATION By: Mayor ATTEST: By:— Town Clerk Acknowledgement STATE OF COLORADO) )ss. COUNTY OF The above and foregoing signatures of as of BDE, Inc. Development Company and as of BDE, Inc. Development Company,were subscribed under oath before me this _day of , 19 . WITNESS my hand and official seal. Notary Public My commission expires: 5 23. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Berthoud. No assurances of annexation or zoning have been made or relied upon by Owner. 24. In the event of disconnection or deannexation of the property or a portion thereof from Berthoud as a result of the default of Berthoud in the terms and conditions of this Agreement, Berthoud shall continue to provide all municipal utility services to the property, including but not limited ta,sewer service, and electric and water service if applicable. Approved and ageed to this day of 19_. BDE,Inc.Development Company By:_ Title: - Title: TOWN OF BERTHOUD,COLORADO A MUNICIPAL CORPORATION By: - Mayor ATTEST: By: Town Clerk Acknowledgement STATE OF t OLORADO) )ss. COUNTY OF__) as The above and foregoing signatures of as of BDE, Inc. Development Company and y of BDE, Inc.Development Company,were subscribed under oath before me this _da of , 19_ WITNESS my hand and official seal. Notary Public My commission expires: 5 ]Legal Notice RESOLUTION NO.20-99 A RESOLUTION OF THE TOWN OF. IARUIER AND WELD COUNTIES, COLORADO,APPROVING THE BERTHOUD TECHNOLOGICAL E TEER ANNEXATION PBE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF,[AMMER AND WELD COUNTIES,COLORADO THAT: I.A petition for the annexation of real property as Towndeived by the Cleric anndr fbed on tarredb Board t"C has been ofTsustw. • 2.The Board of Trustees has reviewed the petition and finds that hie in substantial compliance with the requirements set forth in the Municipal Annexation Act of 1965. annexation petition is set for November 9,n1999 atg on e?30 p.m.in the Town of Berthoud Board Room located at 328 Massachusetts Avenue,Berthoud, Colorado. The purpose of this hearing shall be to determine whether the area proposed to be annexed mceu the applicable requirements of Sections 31-12-104 and 31.12-105,• Colorado Revised Statutes. This resolution was passed by a vote of 6 in favor and 0 opposed at the meeting of the Board of Trustees on the 28th day of September,1999. TOWN OF BERTHOUD: Milan Kanpec c.Mayor Pro-Taro Mary K.Cowdin,Town Clerk EXHIBIT••A" BERTHOUD NNEXAT ON LEGAL DESCRIPTION R A portion of the West%of Section 27,Township 4 North,Range l Meridian, Weld County.fiBColorado .particularly West of hbeinge 6th pmore described as follows: • Considering the West line of Section 27,Township 4 North.Range 68 West of the 6th Principal Meridian, Weld County,Colorado as bearing N00'09.09"E(per recorded plat of BALL AEROSPACE SYSTEMS DIVISION-CRYOGENIC RESEARCH CENTER) and with all bearings contained herein relative thereto. All of BALL AEROSPACE SYSTEMS EA DIVISION Og to - CRYOGENIC RESEARCH CENTER the plat recorded September 15,1987 in Book 1170 at Reception No.2114480,County of Weld,State of Colorado.AND The North Y of the Southwest Va of Section 27. •' Township 4 North, Range 68 Westi of the that 6th principal Meridian,less any rtion g5Y57EMS in plat known as BALL AEROSPACE DIVISION-County of Weld.S of Colorado. RESEARCH CENTER o Containing 7,028,674 square feet or 161.35 acres more or less. TO ALL INTERESTED PARTIES You will please take notice the Board of Trustees for blic or the heg ownortof of Berthoud has scheduled Technological Center Annexation Beehpudwill Tuesda, The public the Be Berthoud be heldnon ll. Tuesday,Nov.ac et 1999 at.he Berthoud,CO beginning 328 Massachusetts Avenue. at 7:30 p.m. TOWN OF BERTHOUD: Mary K.Cuwdm,Town Clerk Published Oct.7,Oct.I4,Oct.2 e&Oct.rthou 28,e Reorder 1999 Legal Notice RESOLUTION NO.20-99 AON OF THE TOWN OF, LARIMER AND WELD COUNTIES, COLORADO,APPROVING THE BERTHOUD TECh NOIAGi AL CENOTNLRANNEXATION PETM BE IT RESOLVED BY THE BOARD OF • TRUSTEES OF THE TOWN OF,LARIMER AND WELD COUNTIES,COLORADO THAT: I.A petition for the annexation of real property as Towndibit"A"has been received by the Clerk anbed on d r1efuted to she Board of Tnister.s. 2.The Board of Trustees has reviewed the petition and(rods that it is in substantial compliance with the requirements set forth in the Municipal Annexation Act of 1965. • 3.A public hearing on the annexation petition is set • for November 9, 1999 at 7:30 p.m.in the Town of Berthoud Board Room located at 328 Massachusetts ts Avenue, Berthoud, Colorado.The purpose of thhearing shall be to determine whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 71-12-105,' Colorado Revised Statutes. This resolution was passed by a vote of 6 in favor and 0 opposed at the meeting of the Board of Trustees on the 28th day of September,1999. TOWN OF BERTHOUD: • Milan Kanpeck,Mayor Pro-Tem Mary K.Cowdin,Town Clerk EXHIBIT"A" B ANNEXATION LEGALDESCRIPTIONTHOUD TECHNOLOGICAL R A portion of the West''A of Section 27,Township 4 North, e 6th Weld Conge 68 West of ounty. Colorado being Principal bc ngmor Meridian, described as follows: Considering the West line of Section 27,Township 4 North,Range 68 West of the 6th Principal Meridian. Weld County,Colorado as bearing NOO'09.09"E(per recorded plat of BALL AEROSPACE SYSTEMS DIVISION-CRYOGENIC RESEARCH CENTER) and with all bearings contained herein relative thereto. All of BALL AEROSPACE SYSTEMS DIVISION- CRYOGENIC RESEARCH CENTER,according to the plat recorded September 15,1987 in Book 1170 at Reception No.2114480,County of Weld,State of Colorado,AND - The North '6 of the Southwest '/. of Section 27, Township 4 North, Range 68 West of the 6th Principal Meridian,less any portion lying within that plat known as BALL AEROSPACE SYSTEMS DIVISION-CRYOGENIC RESEARCH CENTER, County of Weld,State of Colorado. Containing 7,028.674 square feet or 161.35 acres more or less. TO ALL INTERESTED PARTIES You will please take notice the Board of Trustees for or theg for the Town e, Berthoud has scheduled a public proposed Berthoud Technological Center Annexation. The public hearing will be held on Tuesday,Nov.9, 1999 at the Berthoud Town Hall, 328 Massachusetts Avenue.Berthoud,CO beginning at 7:30 p.m. TOWN OF BERTHOUD: Mary K.Cowdin.Town Clerk Publhed In 7,Oct.I4,Oct.21 di Oct.2 Recorderhe Old Berthoud 3,1999 Oc Hello