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Home My WebLink About20220946.tiff4827177 05/13/2022 09:39 AM Total Pages: 12 Rec Fee: $68.00 Carly Koppes - Clerk and Recorder, Weld County , CO ns Colorado ANNEXATION AGREEMENT HUNT BROTHERS PROPERTIES, INC. THIS AGREEMENT is made and entered into this 4th day of April, 2022, by and between Hunt Brothers Properties, Inc., a Colorado corporation, hereinafter referred to as "Owner", and the City of Evans, a municipal corporation of the State of Colorado, hereinafter referred to as "Evans" or "City." WITNESSETH WHEREAS, Owner desires to annex to Evans the property more particularly described on Exhibit A, which is attached hereto, incorporated herein, and made a part hereof (hereafter referred to as "the Property"); and WHEREAS, Owner has executed a petition to annex the Property, dated January '7, 2022 and submitted to the City on January 27, 2022, a copy of which is on file with the City Clerk; and WHEREAS, Owner has prepared a Project Narrative, an Annexation Map, a Zoning Map, a Site Plan and a Reclamation Plan identifying and illustrating requested zoning, proposed land use and intended development of the Property more particularly described on Exhibit B, which is attached hereto, incorporated herein and made a part hereof; and WHEREAS, it is to tie mutual benefit of the parties hereto to enter into the following Agreement regarding annexation of the Property to the City and other matters as set forth herein; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all ordinances, resolutions, and other regulations of the City of Evans, as they may be amended from time to time; and WHEREAS, Owner acknowledges the need for conveyances and dedication of certain property, including but not limited to property for rights -of -ways and easements, to Evans as contemplated in this Agreement, which are directly related to and generated by development intended to occur within the Property. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Confirmation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained in the Evans Municipal Code, Development Regulations and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. X31-12-101 et seq. 3. Further Acts. Owner agrees to execute promptly upon request of Evans any and all surveys and other documents necessary to effect the annexation of the Property and the other provisions of this Agreement. Owner agrees not to sign any other petition for annexation of the Property or any petition PQbI c Rev;ec„) 5/2s/2a CC : SO (RS), PI.(TP), Grt(TP/A'r/-rp), PtJ(ER/cti/gP), ASR(DkiSG)GSS(S6) 5 /23 (22 2022 -o9 H6 4827177 05/13/2022 09:39 AM Page 2 of 12 Evans, Colorado for annexation election relating to the Property, except upon request of Evans, unless and until Evans makes a final determination not to annex the Property. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work, newspaper publications, maps and reports determined by Evans to be necessary to accomplish the annexation. 5. Public Use Land Dedication. As set forth in this Paragraph 5, Owner agrees to dedicate, as specified below by Special Warranty Deed or other appropriate instrument of conveyance acceptable to the City, or, at the request of the City, all of Owner's right, title and interest (subject to exceptions of record permitted by the City), in and to the applicable Property a portion of the territory to be annexed for public open space or other public purposes as directed by the City, in addition to easements and rights -of -way for streets and other public ways and of other public purposes, all as required by City ordinances and resolutions in effect at the time of the dedication. Owner shall have no obligation to dedicate any land for development of public improvements for the following: public school, sewer/water treatment facilities or related facility, power generation plant, library, police station or fire station. A. A Trail easement that is thirty (30) feet in width shall be dedicated to the City for public access without further payment by the City as part of the consideration for the City agreeing to annex the Property. The location of this Trail easement shall be determined by the City in cooperation with the property owner and may run parallel with the South Platte River and one or both of the western and eastern property lines. A temporary construction easement in excess of the permanent thirty feet trail easement shall be provided during the constriction of the trail. The dedication shall occur once the State Division of Reclamation, Mining and Safety has approved the reclamation plan proposed for tie State Permit process and the City has determined the proposed location. The City shall prepare the necessary easement documents and my necessary land division application materials. The Owner, without delay, shall execute all necessary documents for the land transfer. B. A Trail head shall be dedicated to the City for public access to the trail mentioned in the paragraph above. The sin and location of the trail head shall be determined in the future. Access from Weld County 394 shall be provided. The Owner shall grade, apply road base or other parking surface material, and provide this trail head to the City without further payment by the City as part of the consideration for the City agreeing to annex the Property. The dedication shall occur once the State Division of Reclamation, Mining and Safety has approved the reclamation plan proposed for the State Permit process and the City has determined the proposed location. The City shall prepare the necessary land donation documents and any necessary land division application materials. The Owner, without delay, shall execute all necessary documents for the land transfer. C. The Owner may consider dedicating all or some of those portions of the parcels in the floodway to the City for public access and use as either regional open space or park land without further payment by the City. Any such dedication shall occur once the State Division of Reclamation, Mining and Safety has approved the reclamation plan proposed for the State Permit process and the City has determined the proposed location. In the event of any such dedication, the City shall prepare the land division application and deed. The Owner, without delay, shall execute all necessary documents for the land transfer. 6. The portion of the future right-of-way for 35's Avenue maybe considered by the City to be mined and reclaimed for future road construction. An agreement inclusive of reclamation standards for the right-of- way shall be agreed upon prior to any mining activities in the right-of-way. 2 4827177 05/13/2022 09:39 AM Page 3 of 12 Evaii ioiorath 7. Water and Wastewater Utilities. On -site and required off -site water and wastewater mains are not anticipated for the proposed use. Should the property develop beyond what is defined in Section 13 below, the off -site water and wastewater mains and appurtenances shall be constructed to City standards by Owner at Owner's expense. Owner may be eligible to seek reimbursement from other users of such mains and appurtenances for aversizing of any additional mains in accordance with Chapter 13.28 of the City Code. The water and sewer mains to be oversized shall be set forth in the Public Improvement Development Agreement. 8. Water Rights Dedication. There are no water rights required for dedication to the City for the development proposed as described in Section 13 below. The water associated with the property shall be conveyed to the City at no cost to the City after the land use described in Section 13 below has been completed. Owner shall dedicate water rights as required by Title 13.08 of the Evans Municipal Code. 9. Municipal Services. Evans agrees to make available to the Property all of the usual municipal services provided by the City, in accordance with the ordinances and policies of the City. The services provided by the City include, but are not limited to, police protection, water, wastewater, and storm water services. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, emergency medical services. 10. Public Improvements. Required public improvements shall be designed and constructed to City standards by Owner at Owner's expense as outlined in the Development Agreement associated with the Site Plan to allow the land uses described in Section 13 below. Owner further agrees to provide financial guarantees for construction of all required improvements as set forth in each phase of the development, and to dedicate to the City any or all of the improvements as required by City ordinances. The public improvements and financial guarantee shall be set forth in the Development Agreement between the City and Owner. 11. Streets and Arterial Roads. The right-of-way for the future expansion of 35. Avenue shall be preserved as reflected on the Annexation Map. 12. Reimbursements. To the extent water, sewer, storm drainage facilities or other public utilities are oversized or extended onto property by Owner or to the extent public improvements are built off -site of the Property by Owner, by any District or by the City (for which Owner/Developer pays), for benefit accruing to other parties, said improvements may bewligible for reimbursement as provided in Chapter 13.28 of the Evans Municipal Code. 13. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the definition of Natural Resources Extraction and Treatment in the current land use code, inclusive of mining sand and gravel, processing recycled asphalt and concrete on site, crushing materials on site, and latching asphalt on site. A ready mix concrete plant maybe proposed in the future through a separate land use pe=nt. The zoning and land use processes are presented in a subsequent paragraph below. Granting the zoning classification by the City of Evans is a material consideration of the Owner's agreement to annex the Property to the City. Owner shall take all action necessary to permit land use activities and zoning by Evans of the annexed Property within the time prescribed by state statute. In the event the City does not zone the land in accordance with the uses further described in this Agreement, then the City agrees not to oppose any disconnection by the owner, subject to the requirements of state law. (A) Conceptual Plan. Owner and City shall mutually agree upon a conceptual land use plan that is in accordance with the City's Comprehensive Plan. It is Owner's intent to develop and request zoning for the Property in accordance with the conceptual land use plan as shown in Exhibit B. Owner agrees that the design, improvement, construction, and development of the Property described herein shall be in conformance with the City of Evans Design Guidelines, as those requirements exist at the time of site plan application. (B) 3 4827177 05/13/2022 09:39 AM Page 4 of 12 Fvtll:, (C) Rezoning Process. Upon submittal of required materials, Owner's rezoning request shall be processed concurrently with the petition for annexation. This provision does not waive the authority of the Owner or the City of Evans to initiate rezoning of the land in accordance with the Charter and ordinances of the City of Evans. Land use is subject to the police power and legislative authority of the City of Evans. (D) The Owner shall diligently pursue partial release of the State Division of Reclamation, Mining and Safety bond as these parcels become eligible for release. 14. Agricultural Use. The City agrees that Owner may continue the agricultural uses that are presently being conducted on the Property in the same manner as they have historically been performed until the development of the Property as proposed in the Conceptual Plan. The Owner understands and agrees that upon issuance of the first non-agricultural building permit for the Property, such agricultural activities shall cease, and any livestock, barbed wire, and/or electric fences shall be removed from the Property. The Owner understands that discharge of firearms is strictly prohibited in the City of Evans. Fencing materials shall be reviewed with the Site Plan application. 15. Limitation on Fee Impositions by the City. The City agrees that the Property shall be subject to typical development fees similar to those that are imposed on other developments in the City pursuant to the City's regulations and ordinances unless otherwise mutually agreed upon by the Owner and the City. 16 Development Agreement. In a form provided by the City, Owner and the City shall enter into a development agreement prior to operating the site and prior to recording the Site Plan. The final form of the development agreement shall be subject to mutual agreement of the parties on the terms and conditions of the same. The development agreement shall be signed prior to or upon approval of the Site Plan application. 17. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with all applicable laws and ordinances and that Owner shall comply with all City ordinances, resolutions and regulations including without limitation, ordinances, resolutions, and regulations pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to City streets, and flood control. 18. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted m a repeal of the City's ordinances or resolutions, or m a waiver of the City's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 19. Disconnection. Except as expressly provided in Section 13, no other basis, right or remedy of disconnection of the Property from the City shall accrue from this Agreement. In the event the Property or any portion thereof is disconnected, Evans shall have no obligation to serve the disconnected Property or portion thereof and this Agreement shall be void and of no further force and effect as to such Property or portion thereof. 20. Fire Protection District Exclusion. Owner agrees to petition to exclude the Property from the LaSalle Fire Protection District and into the Evans Fire Protection District. This petition shall be filed within ninety (90) days of the acceptance of this Agreement by the Evans City Council. 21. Water Conservancy Municipal Subdistrict Inclusion. Pursuant to CRS 37-45-136(3.6), Owner consents to inclusion of the property into the Municipal Subdistrict, Northern Colorado Water Conservancy District, when the annexation becomes effective. 4 4827177 05/13/2022 09:39 AM Page 5 of 12 4 Evau, Colorado 22. Future Cooperation. The parties agree 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. 23. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained in this Agreement is intended to create a partnership or joint venture between the City and Owner or between the City and any one or more of the individual owners listed above, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the parties of any activity, function, or service, nor does it create a joint enterprise, nor does it constitute any party hereto as any agent of another party hereto for any purpose whatsoever. Except as specifically otherwise provided in this agreement, no party shall in any way assume any of the liability of any other party for any act or obligations of the other party. 24. Amendment. This Agreement maybe amended only by mutual agreement of the City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk and Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property and/or Water Rights subject to the amendment unless otherwise specified in the amendment. 25. Entire Agreement. 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. 26. Owner. As used in the Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms, conditions, and obligations of this Agreement, as if they were the original parties thereto. In the event of a transfer of all or any portion of the Property, provided the City approves such transfer, such approval not to be unreasonably withheld, the transferring Owner shall be relieved of any and all obligations under this Agreement that arise after the date of such transfer with respect to the transferred Property. 27. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner. 28. Binding Effect. This Agreement shall be binding upon and inure to the benefit of all the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement maybe enforced in any court of competent jurisdiction. 29. Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the Property. 30. Breach of Agreement. (A) Breach by Developer; City's Remedies. In the event of a default or breach by the Owner of any tens, condition, covenant, or obligation under this Agreement, the City may take action, as it deems necessary to 5 4827177 05/13/2022 09:39 AM Page 6 of 12 1vau., Colorado protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship. The City's remedies include: (1) The refusal to issue to the Owner any development permit, building pernut, or certificate of occupancy. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers (i.e. purchasers of individual lots by persons unrelated to Owner); (2) The refusal to consider further development plans within the Property; and /or (3) Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the City or City residents, the City shall provide the Owner ten (10) days written notice of its intent to take any action under this Paragraph during which ten-day period the Owner may cure the breach described in said notice and prevent further action the City. (B) Breach by City. Parties agree that in the event of a breach by the City, Owner's sole remedy shall be to seek specific performance. Under no circumstances shall Owner be entitled to pursue any action at law or in equity or otherwise against the City that involves any claim of damages, equitable monetary relief, or any other type of monetary claim. 31. General Provisions. City shall: (A) Cause its staff to timely and promptly approve or disapprove written submittal by Owner of any plans, specifications, drawings, details or other pertinent data required in connection with any water line, sanitary sewer line, storm drainage or other utility serving the Property or any improvements within any dedicated right-of-way on the Property. Any disapproval shall set forth the items disapproved together with the reasons for such disapproval. Use reasonable efforts in securing, at Owner's expense and at no cost or expense to the City, construction and maintenance agreements from governmental or private entities in order to allow Owner to fulfill its obligations under this Agreement and to proceed with development of the Property. Cooperate with Owner with any filings, applications, approvals, or other administrative procedures with governmental entities other than the City, which is necessary to allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner, Provide police and other municipal services to the Property to the same extent as those services are provided by City throughout the balance of the City, pursuant to the City's uniform applied policies. Not unreasonably withhold its consent or approval when any consent or approval is required Owner shall notify the City of assignments and the name of the assignee(s) upon the sale or other transfer of any portion of the Property. The transferor of such portion shall be released from all liability and obligation under this Agreement relating to such portion and all such liabilities and obligations shall be assumed by the transferee (unless transferee is a member of the home buying public or governmental entity). Nothing contained in the Agreement shall constitute or be interpreted m a repeal of existing codes, ordinances or as a waiver of the City's legislative, governmental or police powers to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this agreement prohibit the enactment by the City of any fee which is of uniform or general application. It is understood and agreed by the parties hereto, that if any part, term or provision of this Agreement is by a court 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 (B) (C) (o) (B) 6 4827177 05/13/2022 09:39 AM Page 7 of 12 ans. Colorado enforced as if the agreement did not contain that particular part, term, or provision held to be invalid. This Agreement maybe enforced in any court of competent Jurisdiction in Weld County, Colorado. 32. Notice. All notices required d under this Agreement shall be in writing and shall be hand delivered, sent by facsimile transmission, or sent via registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt, provided a hard copy is mailed the same date. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either Party, by notice so given, may change the address to which future notices shall be sent. Notice to City: With copy to: Notice to Owner: City of Evans Attn: City Manager 1100 37th Street Evans, CO 80620 City Attorney City of Evans 1100 37th Street Evans, CO 80620 Hunt Brothers Properties, Inc. Daniel W Hunt, President 10100 Dallas Street Henderson, CO 806408491 33. Election. Owner agrees that he/she/it is voluntarily entering into this Agreement. Owner represents and submits that to the extent an election would be required pursuant to C.R.S. §31-12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all teens and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 34. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the Property are subject to the legislative discretion of the City Council of the City of. Evans. No assurances of annexation, zoning, or special use permit approval have been made or relied upon by the Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the annexation, zoning or special use approval for the Property, as contemplated herein and in the proposed Conceptual Development Plan for the Property, is not taken or if once taken and Owner is in full compliance with such annexation, zoning or special use approvals is not maintained then the Owner may withdraw the petition for annexation and seek disconnection from the City in accordance with state law, as maybe appropriate and City agrees not to oppose. 35. Goveming Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suitor action shall be in Weld County, Colorado. 36. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 7 4827177 05/13/2022 09:39 AM Page 8 of 12 Evaii Colora,do 37. No Warranties by the City. The City is entering into this Agreement in good faith and with the present intention, on the part of the present City Council, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the City makes no representation as to the validity or enforceability of this Agreement and that no such warranty is made on the part of the City. 38. Attorney's Fees. If any Party breaches this Agreement, the breaching party shall pay the non -breaching party's reasonable costs and attomey's fees incurred in the enforcement of the terms and conditions of this Agreement. The City shall, at all times, have control over the defense of the City in such matters and nothing herein shall be construed to require the City to assert any position which is inappropriate, hr the sole judgment of the City. The City and Owner shall confer with each other concerning the defense and/or settlement of any such action. 39. Cost Reimbursement to City. Developer shall reimburse City for outside professional consultants such as engineers, testing companies, and attorneys necessitated by processing and completion of this development. [LEFT BLANK INTENTIONALLY] 8 4827177 05/13/2022 09:39 AM Page 9 of 12 ans. Co1ori4i IN WITNESS THEREOF and agreeing to be fully bound by the terms of this Agreement the parties have set their hands below on the dates indicated. CITY OF EVANS ATTEST: NAME DEVELOPER Hunt Brothers Properties, Inc. By: y, Mayor Daniel W. Hunt, President ,011111111111, 4.4 Julie kamka, City Clerk O<•. -,'ADO By: 2: STATE OF COLORADO COUNTY OF BFI Acknowledged before me this day of - , 2022 by Witness my hand and official seal. My commission expires: 4 (Se JAN NELSON NOTARY PUBLIC STATE OF COLORADO I) NOTARY ID 19994030527 My Commission Expires April 29, 2024 Notary Public 9 4827177 05/13/2022 09:39 AM Page 10 of 12 itilfivi Volo.rado ANNEXATION AGREEMENT EXHIBITS A. Legal Description B. Supporting Narrative and Map Products 10 4827177 05/13/2022 09:39 AM Page 11 of 12 Evans, (o1orido Exhibit A: Legal Description PARCEL I: LOT B, RECORDED EXEMPTION NO. 0959-36-03 RECX17-0197, RECORDED JANUARY 17, 2018 AT RECEPTI ON NO. 4368408, LOCATED IN THE W 1/2 OF THE SW 1/4 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPT THOSE PARCELS DEEDED JUNE 18, 2018 AT RECEPTION NO. 4407999 AND NOVEMBER 9, 2018 AT RECEPTION NO. 4445526 AND JANUARY 29, 2020 AT RECEPTION NO. 4562229. PARCEL II: LOT B, AMENDED RECORDED EXEMPTION NO. 0959-36-03 1AMRECX18-85-803, RECORDED SEPTEMBER 18, 2019 AT RECEPTION NO. 4524591, LOCATED IN THE SW 1/4 OF SECTION 36, TOWNSHIP 5 NORTH, RAN GE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THOSE PARCELS DEEDED NOVEMBER 9, 2018 AT RECEPTION NO. 4445526 AND JANUARY 29, 20 20 AT RECEPTION NO. 4562229. 11 4827177 05/13/2022 09:39 AM Page 12 of 12 ails, Colorado Exhibit B: Project Details • Project Narrative • Annexation Map • Zoning Map • Site Plan • Reclamation Plan 12 CITY OF EVANS, COLORADO ORDINANCE NO. 759-22 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY IN CONNECTION WITH THE HUNT BROTHERS PROPERTIES, INC. PETITION FOR ANNEXATION AND ZONING SUCH LANDS WHEREAS, the City Council of the City of Evans, Colorado, pursuant to Colorado statute and the Evans City Charter, is vested with the authority of administering the affairs of the City of Evans, Colorado; and WHEREAS, Hunt Brothers Properties, Inc., a Colorado Corporation ("the Petitioner") filed with the City Clerk a Petition for Annexation dated January 27, 2022 requesting that the properties described on Exhibit A, attached hereto ("the Property"), be annexed to the City of Evans, Colorado; and WHEREAS, the City Council, reviewed the Petition at its meeting on February 15, 2022 and adopted Resolution No. 06-2022, setting the matter for public hearing on April 4, 2022 to determine whether the Property was eligible for annexation; and WHEREAS, the City Council finds that the Property is eligible for annexation and that Resolution No. 09-2022 should be adopted; and WHEREAS, pursuant to the provisions of the Evans City Code, including but not limited to Sections 18.06.030 and 18.06.040, the matter was referred to the Planning Commission to obtain a recommendation as to the appropriate zoning of the Property if it is annexed to the City; and WHEREAS, the criteria to be considered by the Planning Commission and the City Council in zoning property, as set forth in Section 18.06.040.D of the Evans City Code are: 1. A need exists for the proposed uses, 2. The parcel of ground is indeed the correct site for the proposed development, 3. There has been an error in the assigned zoning, or 4. There have been significant changes in the area to warrant a zone change, 5. Adequate circulation exists and traffic movement would not be impeded by the development, 6. Additional municipal service costs will not be incurred which the City is not prepared to meet, 7. There are minimal environmental impacts or impacts can be mitigated, 8. The proposal is consistent with the Evans Comprehensive Plan, maps, goals and polices, and 9. There is adequate waste and sewage disposal, water, schools, parks and recreation, and other services to the proportional degree necessary due to the impacts created by the proposed land use. WHEREAS, at its meeting on March 22, 2022, the Planning Commission considered the appropriate zoning of the Property; and WHEREAS, based on the criteria set forth above, the materials included in the Application, the matters presented to the Commission by the Petitioner, and the comments of staff and the public, the Commission adopted staff recommendations that the Property be zoned to Industrial, I-3 for only Natural Resources Extraction and Treatment as defined in the current land use code. This includes gravel mining, materials stockpiling and storage, crushing and screening and an asphalt batch plant; and WHEREAS, The zoning for the portions of the property that are in the floodway shall automatically revert from I-3 to Agricultural when the property has been released from the State Division of Reclamation, Mining and Safety bond and has been reclaimed. Partial release of the bond will be diligently pursued if these two parcels are ready for release prior to release on adjoining properties. The City shall change the Official Zoning Map automatically from I-3 to Agriculture at that time; and WHEREAS, The zoning for the portions of the property outside the floodway shall revert from I-3 to a zone district compatible with the City's future land use map when the property has been released from the State Division of Reclamation, Mining and Safety bond and has been reclaimed. Partial release of the bond will be diligently pursued if these two parcels are ready for release prior to release on adjoining properties. The applicant shall request a Change of Zone application at that time; and WHEREAS, following proper notice, the matter was presented to the City Council at its regular meeting on April 4, 2022; and WHEREAS, based on the matters presented to it, including the Application, comments from staff and the public, and all applicable criteria and requirements, the City Council concludes that it is in the best interest of the City to annex the Property to the City of Evans; and WHEREAS, based on the recommendation of the Planning Commission, as well as the Application, comments from staff and the public, and applying the criteria set forth above, the Council concludes that, the Property should be zoned Industrial, I-3 for only Natural Resources Extraction and Treatment as defined in the current land use code. This includes gravel mining, materials stockpiling and storage, crushing and screening and an asphalt batch plant. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO AS FOLLOWS: 1. The Property described in Exhibit A, attached hereto and incorporated by reference herein, shall be and hereby is annexed to, incorporated in, and made a part of the City of Evans, Colorado. 2. The annexation of the Property to the City of Evans shall be complete and effective on the effective date of this ordinance, except for purposes of General Property Taxes, and shall be effective as to General Property Taxes on and after the first day of January 2022. 3. The Property shall be zoned Industrial, I-3 for only Natural Resources Extraction and Treatment as defined in the current land use code. This includes gravel mining, materials stockpiling and storage, crushing and screening and an asphalt batch plant. The zoning map for the City of Evans shall be amended to reflect such zoning. 4. The City Clerk is hereby directed to record this Ordinance and the Staff Report found in Exhibit B, attached hereto, with the Weld County Clerk and Recorder. 5. Severability. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance is held to be unconstitutional or invalid for any reason such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and each part or parts thereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 6. Repeal. Existing ordinances or parts of ordinances covering the same matters embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of this ordinance. [LEFT BLANK INTENTIONALLY] INTRODUCED AND PASSED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EVANS ON THIS 4th DAY OF APRIL 2022. ATTEST: \„0\:7"(3';,,,,„, CITY OF EVANS, COLORADO ,�`\•� . (j• iStA ,Iktlie Kamka, City Cleric : = Brian dy, Mayor PASSED AND ADOPTED ON A SECOND READING THIS 19 DAY OF APRIL, 2022. ATTEST: CITY OF EVANS, COLORADO EXHIBIT A: LEGAL DESCRIPTIONS PARCEL I: LOT B, RECORDED EXEMPTION NO. 0959-36-03 RECX17-0197, RECORDED JANUARY 17, 2018 AT RECEPTION NO. 4368408, LOCATED IN THE W 1/2 OF THE SW 1/4 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPT THOSE PARCELS DEEDED JUNE 18, 2018 AT RECEPTION NO. 44079'99 AND NOVEMBER 9, 2018 AT RECEPTION NO. 4445526 AND JANUARY 29, 2020 AT RECEPTION NO. 4562229. PARCEL II: LOT B, AMENDED RECORDED EXEMPTION NO. 0959-36-03 IAMRECXI8-85-803, RECORDED SEPTEMBER 18, 2019 AT RECEPTION NO. 4524591, LOCATED IN THE SW 1/4 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THOSE PARCELS DEEDED NOVEMBER 9, 2018 AT RECEPTION NO. 4445526 AND JANUARY 29, 2020 AT RECEPTION NO. 4562229. EXHIBIT B: STAFF AGENDA REPORT 1'iiof � Evans, Colorado ANNEXATION AGREEMENT HUNT BROTHERS PROPERTIES, INC. THIS AGREEMENT is made and entered into this day of April, 2022, by and between Hunt Brothers Properties, Inc., a Colorado corporation, hereinafter referred to as "Owner", and the City of Evans, a municipal corporation of the State of Colorado, hereinafter referred to as "Evans" or "City." WITNESSETH WHEREAS, Owner desires to annex to Evans the property more particularly described on Exhibit A, which is attached hereto, incorporated herein, and made a part hereof (hereafter referred to as "the Property"); and WHEREAS, Owner has executed a petition to annex the Property, dated January 7, 2022 and submitted to the City on January 27, 2022, a copy of which is on file with the City Clerk; and WHEREAS, Owner has prepared a Project Narrative, an Annexation Map, a Zoning Map, a Site Plan and a Reclamation Plan identifying and illustrating requested zoning, proposed land use and intended development of the Property more particularly described on Exhibit B, which is attached hereto, incorporated herein and made a part hereof; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement regarding annexation of the Property to the City and other matters as set forth herein; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all ordinances, resolutions, and other regulations of the City of Evans, as they may be amended from time to time; and WHEREAS, Owner acknowledges the need for conveyances and dedication of certain property, including but not limited to property for rights -of -ways and easements, to Evans as contemplated in this Agreement, which are directly related to and generated by development intended to occur within the Property. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Confirmation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained in the Evans Municipal Code, Development Regulations and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et seq. 3. Further Acts. Owner agrees to execute promptly upon request of Evans any and all surveys and other documents necessary to effect the annexation of the Property and the other provisions of this Agreement. Owner agrees not to sign any other petition for annexation of the Property or any petition (HI of 01*4 Evans, Colorado for annexation election relating to the Property, except upon request of Evans, unless and until Evans makes a final determination not to annex the Property. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work, newspaper publications, maps and reports determined by Evans to be necessary to accomplish the annexation. 5. Public Use Land Dedication. As set forth in this Paragraph 5, Owner agrees to dedicate, as specified below by Special Warranty Deed or other appropriate instnunent of conveyance acceptable to the City, or, at the request of the City, all of Owner's right, title and interest (subject to exceptions of record permitted by the City), in and to the applicable Property a portion of the territory to be annexed for public open space or other public purposes as directed by the City, in addition to easements and rights -of -way for streets and other public ways and of other public purposes, all as required by City ordinances and resolutions in effect at the time of the dedication. Owner shall have no obligation to dedicate any land for development of public improvements for the following: public school, sewer/water treatment facilities or related facility, power generation plant, library, police station or fire station. A. A Trail easement that is thirty (30) feet in width shall be dedicated to the City for public access without further payment by the City as part of the consideration for the City agreeing to annex the Property. The location of this Trail easement shall be determined by the City in cooperation with the property owner and may run parallel with the South Platte River and one or both of the western and eastern property lines. A temporary construction easement in excess of the permanent thirty feet trail easement shall be provided during the construction of the trail. The dedication shall occur once the State Division of Reclamation, Mining and Safety has approved the reclamation plan proposed for the State Permit process and the City has determined the proposed location. The City shall prepare the necessary easement documents and any necessary land division application materials. The Owner, without delay, shall execute all necessary documents for the land transfer. B. A Trail head shall be dedicated to the City for public access to the trail mentioned in the paragraph above. The size and location of the trail head shall be determined in the future. Access from Weld County 394 shall be provided. The Owner shall grade, apply road base or other parking surface material, and provide this trail head to the City without further payment by the City as part of the consideration for the City agreeing to annex the Property. The dedication shall occur once the State Division of Reclamation, Mining and Safety has approved the reclamation plan proposed for the State Permit process and the City has determined the proposed location. The City shall prepare the necessary land donation documents and any necessary land division application materials. The Owner, without delay, shall execute all necessary documents for the land transfer. C. The Owner may consider dedicating all or some of those portions of the parcels in the floodway to the City for public access and use as either regional open space or park land without further payment by the City. Any such dedication shall occur once the State Division of Reclamation, Mining and Safety has approved the reclamation plan proposed for the State Permit process and the City has determined the proposed location. In the event of any such dedication, the City shall prepare the land division application and deed. The Owner, without delay, shall execute all necessary documents for the land transfer. 6. The portion of the future right-of-way for 35th Avenue may be considered by the City to be mined and reclaimed for future road construction. An agreement inclusive of reclamation standards for the right-of- way shall be agreed upon prior to any mining activities in the right-of-way. 2 (B) 1'ilI of Evans, Colorado 7. Water and Wastewater Utilities. On -site and required off -site water and wastewater mains are not anticipated for the proposed use. Should the property develop beyond what is defined in Section 1.3 below, the off -site water and wastewater mains and appurtenances shall be constructed to City standards by Owner at Owner's expense. Owner may be eligible to seek reimbursement from other users of such mains and appurtenances for oversizing of any additional mains in accordance with Chapter 13.28 of the City Code. The water and sewer mains to be oversized shall be set forth in the Public Improvement Development Agreement. 8. Water Rights Dedication. There are no water rights required for dedication to the City for the development proposed as described in Section 13 below. The water associated with the property shall be conveyed to the City at no cost to the City after the land use described in Section 13 below has been completed. Owner shall dedicate water rights as required by Title 13.08 of the Evans Municipal Code. 9. Municipal Services. Evans agrees to make available to the Property all of the usual municipal services provided by the City, in accordance with the ordinances and policies of the City. The services provided by the City include, but are not limited to, police protection, water, wastewater, and storm water services. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, emergency medical services. 10. Public Improvements. Required public improvements shall be designed and constructed to City standards by Owner at Owner's expense as outlined in the Development Agreement associated with the Site Plan to allow the land uses described in Section 13 below. Owner further agrees to provide financial guarantees for construction of all required improvements as set forth in each phase of the development, and to dedicate to the City any or all of the improvements as required by City ordinances. The public improvements and financial guarantee shall be set forth th in the Development Agreement between the City and Owner. 11. Streets and Arterial Roads. The right-of-way for the future expansion of 35. Avenue shall be preserved as reflected on the Annexation Map. 12. Reimbursements. To the extent water, sewer, stone drainage facilities or other public utilities are oversized or extended onto property by Owner or to the extent public improvements are built ofd site of the Property by Owner, by any District or by die City (for which Owner/Developer pays), for benefit accruing to other parties, said improvements maybe eligible for reimbursement as provided in Chapter 13.28 of the Evans Municipal Code. 13. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the definition of Natural Resources Extraction and Treatment in the current land use code, inclusive of mining sand and gravel, processing recycled asphalt and concrete on site, crushing materials on site, and hatching asphalt on site. A ready mix concrete plant maybe proposed in the future through a separate land use permit. The zoning and land use processes are presented in a subsequent paragraph below. Granting the zoning classification by the City of Evans is a material consideration of the Owner's agreement to annex the Property to the City. Owner shall take all action necessary to permit land use activities and zoning by Evans of the annexed Property within the time prescribed by state statute. In the event the City does not zone the land in accordance with the uses further described in this Agreement, then the City agrees not to oppose any disconnection by the Owner, subject to the requirements of state law. (A) Conceptual Plan. Owner and City shall mutually agree upon a conceptual land use plan that is in accordance with the City's Comprehensive Plan. It is Owner's intent to develop and request zoning for the Property in accordance with the conceptual land use plan as shown in Exhibit B. Owner agrees that the design, improvement, construction, and development of the Property described herein shall be in conformance with the City of Evans Design Guidelines, as those requirements exist at the time of site plan application. 3 1 sh of Evans, Colorado (C) Rezoning Process. Upon submittal of required materials, Owner's rezoning request shall be processed concurrently with the petition for annexation. This provision does not waive the authority of the Owner or the City of Evans to initiate rezoning of the land in accordance with the Charter and ordinances of the City of Evans. Land use is subject to the police power and legislative authority of the City of Evans. (D) The Owner shall diligently pursue partial release of the State Division of Reclamation, Mining and Safety bond as these parcels become eligible for release. 14. Agricultural Use. The City agrees that Owner may continue the agricultural uses that are presently being conducted on the Property in the same manner as they have historically been performed until the development of the Property as proposed in the Conceptual Plan. The Owner understands and agrees that upon issuance of the first non-agricultural building permit for the Property, such agricultural activities shall cease, and any livestock, barbed wire, and/or electric fences shall be removed from the Property. The Owner understands that discharge of firearms is strictly prohibited in the City of Evans. Fencing materials shall be reviewed with the Site Plan application. 15. Limitation on Fee Impositions by the City. The City agrees that the Property shall be subject to typical development fees similar to those that are imposed on other developments in the City pursuant to the City's regulations and ordinances unless otherwise mutually agreed upon by the Owner and the City. 16 Development Agreement. In a form provided by the City, Owner and the City shall enter into a development agreement prior to operating the site and prior to recording the Site Plan. The final form of the development agreement shall be subject to mutual agreement of the parties on the terms and conditions of the same. The development agreement shall be signed prior to or upon approval of the Site Plan application. 17. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with all applicable laws and ordinances and that Owner shall comply with all City ordinances, resolutions and regulations including without limitation, ordinances, resolutions, and regulations pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to City streets, and flood control. 18. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 19. Disconnection. Except as expressly provided in Section 13, no other basis, right or remedy of disconnection of the Property from the City shall accrue from this Agreement. In the event the Property or any portion thereof is disconnected, Evans shall have no obligation to serve the disconnected Property or portion thereof and this Agreement shall be void and of no further force and effect as to such Property or portion thereof. 20. Fire Protection District Exclusion. Owner agrees to petition to exclude the Property from the LaSalle Fire Protection District and into the Evans Fire Protection District. This petition shall be filed within ninety (90) days of the acceptance of this Agreement by the Evans City Council. 21. Water Conservancy Municipal Subdistrict Inclusion. Pursuant to CRS 37-45-136(3.6), Owner consents to inclusion of the property into the Municipal Subdistrict, Northern Colorado Water Conservancy District, when the annexation becomes effective. 4 �� Evans, Colorado 22. Future Cooperation. The parties agree 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. 23. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained in this Agreement is intended to create a partnership or joint venture between the City and Owner or between the City and any one or more of the individual owners listed above, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the parties of any activity, function, or service, nor does it create a joint enterprise, nor does it constitute any party hereto as any agent of another party hereto for any purpose whatsoever. Except as specifically otherwise provided in this agreement, no party shall in any way assume any of the liability of any other party for any act or obligations of the other party. 24. Amendment. This Agreement maybe amended only by mutual agreement of the City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk and Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property and/or Water Rights subject to the amendment unless otherwise specified in the amendment. 25. Entire Agreement. 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. 26. Owner. As used in the Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms, conditions, and obligations of this Agreement, as if they were the original parties thereto. In the event of a transfer of all or any portion of the Property, provided the City approves such transfer, such approval not to be unreasonably withheld, the transferring Owner shall be relieved of any and all obligations under this Agreement that arise after the date of such transfer with respect to the transferred Property. 27. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner. 28. Binding Effect. This Agreement shall be binding upon and inure to the benefit of all the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 29. Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the Property. 30. Breach of Agreement. (A) Breach by Developer; City's Remedies. In the event of a default or breach by the Owner of any term, condition, covenant, or obligation under this Agreement, the City may take action, as it deems necessary to 5 1'ily of Evans, Colorado protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship. The City's remedies include: (1) The refusal to issue to the Owner any development permit, building permit, or certificate of occupancy. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers (i.e. purchasers of individual lots by persons unrelated to Owner); (2) The refusal to consider further development plans within the Property; and /or (3) Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the City or City residents, the City shall provide the Owner ten (10) days written notice of its intent to take any action under this Paragraph during which ten-day period the Owner may cure the breach described in said notice and prevent further action the City. (B) Breach by City. Parties agree that in the event of a breach by the City, Owner's sole remedy shall be to seek specific performance. Under no circumstances shall Owner be entitled to pursue any action at law or in equity or otherwise against the City that involves any claim of damages, equitable monetary relief, or any other type of monetary claim. 31. General Provisions. City shall: (A) Cause its staff to timely and promptly approve or disapprove written submittal by Owner of any plans, specifications, drawings, details or other pertinent data required in connection with any water line, sanitary sewer line, storm drainage or other utility serving the Property or any improvements within any dedicated right-of-way on the Property. Any disapproval shall set forth the items disapproved together with the reasons for such disapproval. (B) Use reasonable efforts in securing, at Owner's expense and at no cost or expense to the City, construction and maintenance agreements from govemmental or private entities in order to allow Owner to fulfill its obligations under this Agreement and to proceed with development of the Property. (C) Cooperate with Owner with any filings, applications, approvals, or other administrative procedures with governmental entities other than the City, which is necessary to allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner. (D) Provide police and other municipal services to the Property to the same extent as those services are provided by City throughout the balance of the City, pursuant to the City's uniform applied policies. (E) Not unreasonably withhold its consent or approval when any consent or approval is required. Owner shall notify the City of assignments and the name of the assignee(s) upon the sale or other transfer of any portion of the Property. The transferor of such portion shall be released from all liability and obligation under this Agreement relating to such portion and all such liabilities and obligations shall be assumed by the transferee (unless transferee is a member of the home buying public or governmental entity). Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing codes, ordinances or as a waiver of the City's legislative, governmental or police powers to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this agreement prohibit the enactment by the City of any fee which is of uniform or general application. It is understood and agreed by the parties hereto, that if any part, term or provision of this Agreement is by a court detennined 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 6 Evof ans, Colorado enforced as if the agreement did not contain that particular part, tenn, or provision held to be invalid. This Agreement maybe enforced in any court of competent jurisdiction in Weld County, Colorado. 32. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered, sent by facsimile transmission, or sent via registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt, provided a hard copy is mailed the same date. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either Party, by notice so given, may change the address to which future notices shall be sent. Notice to City: With copy to: Notice to Owner: City of Evans Attn: City Manager 1100 37th Street Evans, CO 80620 City Attorney City of Evans 1100 37'h Street Evans, CO 80620 Hunt Brothers Properties, Inc. Daniel W Hunt, President 10100 Dallas Street Henderson. CO 806408491 33. Election. Owner agrees that he/she/it is voluntarily entering into this Agreement. Owner represents and submits that to the extent an election would be required pursuant to C.R.S. §31-12-112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 34. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the Property are subject to the legislative discretion of the City Council of the City of Evans. No assurances of annexation, zoning, or special use permit approval have been made or relied upon by the Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the annexation, zoning or special use approval for the Property, as contemplated herein and in the proposed Conceptual Development Plan for the Property, is not taken or if once taken and Owner is in full compliance with such annexation, zoning or special use approvals is not maintained, then the Owner may withdraw the petition for annexation and seek disconnection from the City in accordance with state law, as maybe appropriate and City agrees not to oppose. 35. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 36. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 7 r-1 of Evans, Colorado 37. No Warranties by the City. The City is entering into this Agreement in good faith and with the present intention, on the part of the present City Council, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the City makes no representation as to the validity or enforceability of this Agreement and that no such warranty is made on the part of the City. 38. Attorney's Fees. If any Party breaches this Agreement, the breaching party shall pay the non -breaching party's reasonable costs and attorney's fees incurred in the enforcement of the terms and conditions of this Agreement. The City shall, at all times, have control over the defense of the City in such matters and nothing herein shall be construed to require the City to assert any position which is inappropriate, in the sole judgment of the City. The City and Owner shall confer with each other concerning the defense and/or settlement of any such action. 39. Cost Reimbursement to City. Developer shall reimburse City for outside professional consultants such as engineers, testing companies, and attorneys necessitated by processing and completion of this development. [LEFT BLANK INTENTIONALLY] 8 f"�Evil'adlls, Colorado IN WITNESS THEREOF and agreeing to be fully bound by the terms of this Agreement the parties have set their hands below on the dates indicated. CITY OF EVANS DEVELOPER Hunt Brothers Properties, Inc. By: By:. Brian Ru y, Mayor Daniel W. Hunt, President ATTEST: i -v,44 iwE Julie `Kamka, City Clerk ; O'- NAME By: STATE OF COLORADO COUNTY OF ) Acknowledged before me this day of , 2022 by , as of Witness my hand and official seal. My commission expires: (Seal) Notary Public 9 €14 1'iii of Evan, Colorado ANNEXATION AGREEMENT EXHIBITS A. Legal Description B. Supporting Narrative and Map Products 10 1'iII of r Evans, Colorado Exhibit A: Legal Description tlPih of Evans, Colorado Exhibit B: Project Details • Project Narrative • Annexation Map • Zoning Map • Site Plan • Reclamation Plan 12 HUNT BROTHERS PROPERTIES ANNEXATION TO THE CITY OF EVANS Exhibit E — Reclamation Plan WWI K Parcel III Direction of nn ni ng Phase 2 HOT PLANT SITE Mine Phase 1 M rte 5to:k 46 2.re= :n�' !!!rnr,='ase 1 Parcel I Direction of mining Phase 3 Ph351X36 Ph3Big 3C S. a Parcel II SOUTH PLATTE RIVER Ph4ELK 4B IPh 4 BLK 4C Ph 461.1(40 1 STILES MINING RESOURCE Mine Phase, Mine Block and Mining Direction 1) Asphalt Specialties will use procedures that minimize area disruption by our mining operation. Reclamation is achieved by the establishment of native grass and forbs; stabilization of soil and protection of the area water resources that provide for the beneficial use of the affected lands. 2) Project reclamation will return this site to usable property, by using inert material to fill the mined areas. The site reclamation plan calls for phased reclamation, with reclamation phase 1 continuing from west to east; and phases 2 through 4 progressing from north to south. Reclamation phase areas will be between 10 to 13 acres. Reclamation will include the placement and seeding of cover material over fill areas, except for permanent road and heavy industrial areas. 3) The Stiles Mining Resource permit area is 158.3 acres which includes the City of Evans 35th Avenue ROW and Hunt Brother Properties. The minable area is ±125 acres that is divided into four mine phases and twelve mine blocks. The area affected by mining at one time will be ±60 acres; except for the first two years when the overburden striping operations will affect about 75 acres. 4) The time to complete the mining of the area is estimated to be 40 years. Maximum production is expected to be ±300,000 tons per year. Final reclamation is expected to be complete in ±45 years. Due to market and economic considerations, mining could progress faster or slower than expected, which will adjust the time for mining and reclamation of the site. 5) Use - The property at one time was worked as an irrigated farm. The prior property owners use for the land included a livestock and dry land grazing operation. The dominant land uses surrounding the property includes water recharge to the west; oil and gas in the area, recreation along the river, residential to the south along CR 394, heavy industry on the north side of the river and agriculture H:\Pits HBP Plants\EVANS\Stiles Mining Resource\Exh E Reclamation\Exhibit E Reclamation Pian.docx production in the area. The completion of the bridge and 35th Avenue will connect this area to the existing industrial area that is north of the river. a) The reclamation uses for the Stiles Mining Resource's include General Agriculture - dryland pasture and heavy industry. Reclamation to general agriculture and heavy industry is a positive and useful post -closure land use that is compatible with surrounding uses. b) The mining area will be reclaimed as either heavy industrial or general agriculture which will be reseeded with native grass and forb vegetation. c) Initially ASCI is planning to reclaim a twenty-three (23) acres of the of the permit area as heavy industrial within the first two years of operation. ASCI plan to reclaim one hundred and two (102) acres of the remaining mineable area as general agriculture — dryland pasture. The balance of the properties reclamation will consist of heavy industry, unimproved access roads or otherwise undisturbed land. 6) The Evans City limit currently includes ASCI's Parcel III on the west side of 35th Avenue, which is an undeveloped City Avenue. The City of Evans is extending their city limit by annexation to include Parcel I and II east of 35th Avenue. a) The annexation of the land by the City of Evans includes zoning of the property as a Heavy Industrial District, I-3, per the City of Evans — Municipal Code, Title 18 — Land Development Code, Chapter 18,18.04.080 — C, Heavy Industrial District (1-3). The purpose of this zoning is to supply a district in which heavy industrial uses are found within the city limit. Heavy industry consists of uses such as quarry and gravel pits, asphalt plants, ready mix concrete plants, large-scale industry, used auto parts, incinerators, and other similar operations. b) Asphalt Specialties intention is to run our asphalt hot plant, recycle aggregate material operation, and aggregate wash plant as a permanent industrial businesses. This site is a permanent industrial location and shall be the final reclamation for this part of the industrial site as depicted on the mine plan map, Mine Phase 1, Mine Blocks 1A and 1B. i) A minimum of twenty-three (23) acres will be reclaimed to heavy industrial within the first two years of operation. c) Mine Phases 2 through 4 will be zoned as a Heavy Industry District but will initially be reclaimed as general agriculture — dryland pasture, until such time that a heavy industrial use is found. Materials 1) Existing site materials and imported inert materials will be used to backfill the mine site. 2) Topsoil —The topsoil will be stored as shown on Exhibit C Mine Plan Map. The volume of topsoil for all the mining phases is ±188,000 tons or ±1,500 tons per acre. The depth of the topsoil ranges from six (6) to twelve (12) inches over the mining area. The topsoil will be striped for phase 1, 2, and 3 and stored in the mine buffer along the south boundary of phase 1, 2 and 4 in the flood plain and outside of the excavation area. The topsoil will be stored in stockpiles about 15 ft high for future reclamation activities. Topsoil stockpiles will have vegetative stabilization applied to the surface. 3) Overburden - Overburden will be used as backfill of phase 1 excavation areas. Overburden material will be used on site for mine backfill and reclamation. Overburden stockpiles will be found within the various mining blocks. The volume of overburden for all the mining phases is ±1,125,000 tons or ±9,000 tons per acre. The depth of the overburden ranges from 2 to 4 feet over the mine area. a) Overburden stockpiles shall be seeded if it is predicted the material will be stored more than one year. This will minimize erosion prior to use in mine reclamation. H:\Pits HIP Plants \EVAN5\Stiles Mining Resource\Exh E Reclamation\Exhibit E Reclamation Plan.docx 4) BACKFILL a) Onsite overburden, onsite crusher fines, wash plant fines and imported inert material will be used to backfill the mine. b) The only material received at the site will be inert material per the DRMS Construction Material regulations 2 CCR 407-4 Rule No. 1.1 Definition (20) " Inert Material " means non -water-soluble and non-putrescible solids together with such minor amounts and types of other materials, unless such materials are acid or toxic producing, as will not significantly affect the inert nature of such solids. The term includes, but is not limited to, earth, sand, gravel, rock, concrete which has been in a hardened state for at least sixty days. masonry, asphalt paving fragments, and other inert solids. c) Inert Backfill Material - It is ASCI's intention to use primarily native and natural aggregate materials for inert backfill material. It is especially important to ASCI that only acceptable non - contaminated, inert materials are delivered to the site. ASCI will use reputable contractors that will follow site permit rules and guidelines. ASCI will collaborate with the contractors to obtain assurances that the inert materials are free of contaminants and are native or natural materials. ASCI will exercise every effort to learn as much as reasonably possible about the inert materials received at the site to ensure that those materials are free of contaminants. All inert materials are delivered by pre -approved contractors that have a history of working with ASCI. d) Clean, offsite - inert materials will be accepted and incorporated as mine backfill material that include soil, earth, dirt, gravel, sand, rock, and masonry. Onsite materials to be incorporated into the backfill may include overburden, wash plant and crusher fines. e) Using inert fill materials to fill the site will allow for future heavy industry or dryland pasture use on the property. The benefits for the inert fill materials are: i) Creating usable property for agriculture use. ii) Increasing the visual attractiveness of the site and surrounding area. iii) Providing private entities with inert fill alternatives. iv) Revenue to the City of Evans and the State in future taxes from industrial companies that will locate to the site. v) increased employment opportunities created by the development of the inert filling operations and reclamation of this site. f) No contaminated materials will be allowed on or accepted at the site. g) Asphalt and concrete materials are considered an inert material, but ASCI will be diverted these materials to the recycled aggregate materials operation. PHASED RECLAMATION 1) The site will be filled in phases. Reclamation will occur concurrently with mining wherever possible to directly backfill material into previously mined areas. a) The expected reclamation schedule is presented in the following table. Inert backfill material may be stockpiled until an excavation is ready to receive the backfill material. 2) Mine Phase 1, Mine Blocks 1A (Asphalt Hot Plant/Recycle material area, ±12 acres and Mine Block 1B is the wet plant area (±11 acres) reclamation is heavy industry. a) These areas will be filled with onsite overburden to set up final site contours for the industrial facilities in about one year. b) These sites will be graveled. No topsoil or seeding is needed to complete the reclamation of these areas. H:\Pits HBP Plants\EVAN5\Stites Mining Resource\Exh E Reclamation\Exhibit E Reclamation Plan.docx 3) Reclamation of Mine Phases 2 through 4, each mine block will be reclaimed as General Agriculture - dryland pasture a) Future industrial use of Mine Phases 2 through 4 — When an industrial use is found for a mine phase/block (6), a technical revision will notify the Division Reclamation, Mining and Safety that the City of Evans has authorized a new industrial use for areas currently planned as General Agriculture reclamation. b) Adequate land area will be subdivided and developed as needed for the future heavy industrial use. Until a workable industrial use is found, reclamation of the property will be managed as general agriculture - dryland pasture. c) Mine phase 2, 3 and 4 will be filled with clean inert backfill from North to South. The mine blocks will be graded to contours consistent with the reclamation plan and similar to existing contours. Based on an estimated annual fill rate of 250,000 tons/yr., it will take ±45 years to complete the clean inert fill and final reclamation of mine phases 2 through 4. 4) The City of Evans 35th Avenue and PDC Energy's gas pipeline right of ways will be reclaimed as dry land pasture, except for permanent access roads. 5) BACKFILL - After an area of the property has been mined of sand and gravel, backfilling of the excavated areas will take place as the first step of the Stiles Mining Resource reclamation plan. The compacted backfill material will be placed in lifts from the bottom of the mine to within ±6 inches of the land surface. ASCI shall backfill the mined area with onsite overburden and inert materials that are compacted for stability. a) Backfill material will be imported to the mine with articulated dump trucks and/or highway dump trucks. The material will be placed, spread, and compacted in 1 -to -2 -foot lifts using a bulldozer, excavator, or loader. Compaction will take place during the filling process, as heavy trucks and equipment traverse over the fill. b) Backfill materials used within the affected area will be managed to prevent any unauthorized release of pollutants to the surface drainage system. 6) Completion of inert backfill with topsoil. a) After completion of the inert material backfill, a final topsoil cover ± six (6) inches thick will be placed on top of the backfill to reach final grade. The topsoil layer will be seeded with a native grass seed mix to return the property to general agricultural — dryland pasture use. This material will be applied to all disturbed areas, with exception of industrial areas, permanent access roads and mine buffers. 7) The Site will be graded and returned to the approximate topographic elevations prior to mining. The approximate final contours of the Site are shown on Exhibit F - Reclamation Plan Map. The final grades will allow for the development of heavy industry uses. The final grades will allow general agriculture operations, farm machinery and livestock to traverse the area. a) There are no permanent steep slopes at the site. b) Temporary excavation slopes and temporary stockpiled material slopes may range from 1:1 to 3:1 depending on soil conditions in the mine. All slopes will be maintained for site safety and to minimize material erosion. c) Final grades will allow for site drainage to flow gently as sheet flow to northeast, consistent with pre -development drainage. d) The grading at Stiles Mining Resource shall control water runoff, erosion, and siltation to protect all areas outside the mine. During mining operations, the site will be graded, and best H:\Pits HBP Plants\EVAN5\Stiles Mining Resource\Exh E Reclamation\Exhibit E Reclamation Plan.docx management practices will be used to keep all storm water on the site and within the mine boundary. e) All backfilling and grading shall be completed as soon as possible after the mining process. 8) Reclamation Items a) No woody vegetation is present within affected areas. b) No organic materials will be used for backfilling material. c) No inert material will be backfilled outside the affected permitted area. d) No highwalls will be left on site. Temporary highwalls may be used during the mining operations. All temporary mining highwalls will be inspected daily and maintained in a stable condition. e) No toxic or acid-forming materials will be used in material processing or as backfill material. This will prevent leaching of acids into the ground water. If any unknown refuse, acid-forming or toxic producing materials are inadvertently mined, they shall be managed and disposed of in a manner that will control unsightliness and protect the drainage system from pollution. f) No building or structures are to be left on -site or constructed as part of the reclamation plan. g) No earthen dams will need to be constructed. h) No drill or auger holes will remain as part of this mining operation. i) No solid waste will be accepted at this site. j) Topsoil stockpiles are in locations and configurations to minimize their erosion and disturbance. Topsoil will be replaced and graded to mimic pre -mining elevations. j) All refuse will be disposed of to protect the South Platte River drainage system. WATER 1) Water - ASCI will minimize disturbances to the prevailing hydrologic balance and water quality of systems (surface and groundwater) both during and after mining and reclamation phases. a) ASCI will follow applicable Colorado water laws and regulations and will not injure any existing water rights. b) ASCI will follow and keep water quality standards of the Water Quality Control Commission (WQCC). c) No unauthorized release of pollutants to groundwater will occur from materials mined, handled, or used as inert backfill. d) All surface areas and temporary stockpiles piles will be stabilized to effectively control erosion using proper erosion best management practices. e) All mined material not suitable for sale or off -site use such as wash plant and crusher fines will be disposed of in the inert backfill to prevent any release to the surface drainage system. TOPSOILING 1) During mining the topsoil will be removed, segregated, and stabilized with a vegetative cover away from other material stockpiles. a) The vegetative cover shall be used to protect the topsoil from erosion and to assure that it is in usable condition for reclamation. b) Every effort will be made to conserve workable topsoil. 2) Topsoil stockpiles shall be stored in configurations to minimize erosion and found in areas where disturbance is minimized by ongoing mining operations. Such stockpile areas are in the affected mining area. 3) Once stockpiled, the topsoil shall be rehandled as little as possible until replacement on the reclaimed mine surface. v:\Pits HBP Plants\EVANS\Stiles Mining Resource\Exh E Reclamation\Exhibit E Reclamation Plan.docx 4) The topsoil will be replaced in a uniform and smooth lift to material. 5) Soil testing maybe conducted on the topsoil because of the extensive earth moving and storage of the topsoil. The grass seed needs nutrients and moisture to germinate and grow. a) Native grasses in the seedling stage are not typically responsive to soil nitrogen. Most weed species can be very vigorous when soil nitrogen supplies are generous. Soil tests may show deficiencies of soil nutrients: phosphorus, potassium, sulfur, zinc. These deficiencies may be corrected by a fertilizer application prior to cover crop seeding or native grass seeding. b) Fertilizer is not recommended now, but in the future as reclamation progresses, it may be determined that fertilizer is needed to help in the establishment of a healthy stand of perennial grass. ASCI may add fertilizers and/or soils amendments, per the recommendation of an agronomist and the soil tests at the time. VEGETATION RECLAMATION — ASCI's reclamation plan for the surface of Mine Phase 2 through 4 and the mine buffers is general agriculture - dryland pasture. The dryland pasture will have vegetation that is diverse and capable of self -regeneration. The fill areas, as well as other disturbed areas, will be revegetated with non -irrigated native grass and forb seed mixes. Natives plant species are tolerant to extremes of heat o' cold, drought and a variety of other harsh environmental conditions. PLANTING METHODS AND DEPTHS 1) ASCI will use two seeding methods which are drill seeding and broadcast seeding. Drill seeding places the seed in a firm seed bed, just under the surface. This supplies the best seed/soil contact and the highest success rates. ASCI will drill seed at rate of 12 —16 pounds of pure live seed (pls)/acre. 2) ASCI will also use broadcast or hand seeding. Broadcast seed is applied directly to the soil surface at twice the drill seed rate or 24 to 32 pls/acre. Broadcast seeding will be used in isolated areas to fill in gaps in the seed coverage. 3) ASCI will use either a cover crop or native grass straw mulch to protect and enhance the success of the reclamation grass / forb establishment. 4) Seed planting depths will be reviewed and taken into consideration prior to planting. Native grass seed should not be planted too deep and is typically between '''Ato'A inch below the ground surface. 5) Access roads and/or fire lanes will be constructed through areas to be planted, as necessary. 6) Reclamation will not include trees or shrubs. 7) Grazing will not occur until the vegetation is regenerating with good grass ground cover. 8) ASCI will employ the right techniques of site preparation to ensure a diverse and long-lasting vegetative cover (e.g., spraying herbicides, burning, discing, crimping, ripping, mulching, soil amendments and fertilizers). 9) ASCI will watch the progress of revegetation and implement weed control practices that are proper for any areas infested by noxious weed species. SEEDING RATES 1) Drill seeding: 12-16 pounds pure live seed (pis)/acre 2) Broadcast seeding: 24-32 pls/acre 3) Cover crop seeding: 5-10 pounds/acre NATIVE GRASS AND FORBS 1) NATIVE GRASS AND FORBS - Natives plant species are tolerant to extremes of heat or cold, drought and a variety of other harsh environmental conditions. The dryland pasture will have vegetation that is diverse and capable of self -regeneration. Native species generally have small seeds and require H:\Pits HBP Plants\EVANS\S-files Mining Resource\Exh E Reclamation\Exhibit E Reclamation Plan.docx shallow seeding depths (Y,-34"). Seed can remain viable for years until the right soil conditions are met for seed germination. Germination can be prolonged due to naturally occurring seed dormancy. 2) WILDFLOWERS (Forbs) Native wildflowers are an important addition to this native grass planting. Besides adding beauty to stands of native grasses, wildflowers are an important food source for game birds, songbirds, and mammalian wildlife as well as grazing livestock. Wildflowers will be planted one to three years after establishment of the native grasses. This would allow herbicide use until the grasses are established and herbicides are not needed. Wildflower species grow well in stands of established grass. 3) SEED MIXES Reclamation Native Grass Seed Mix Stiles Mining Resource - Weld County pls / acre % Seed Mix Western Wheatgrass (Arriba, Barton, Rosana) 2.50 18% Blue Grama (Hachital, Lovington) 1.50 11% Sideoats Grama (Vaughn, Butte, Niner, El Reno, Haskell) 2.25 16% Smooth Brome (Lincoln, Manchar) 2.00 14% Sand dropseed 0.25 2% Perennial Ryegrass (Calibra or Garibaldi tetraploid) 0.75 5% Slender Wheatgrass (Pryor, Revenue or San Luis) 2.50 18% Alkaligrass (Putts II, Salt on Sea) Switchgrass (Nebraska 28, Blackwell) 1.25 1.00 . 9% 7% Total: 14.00 100% Reclamation Native Forb Seed Mix Stiles Mining Resource - Weld County pis / acre % Seed Mix Western Yarrow 0.14 3% Plains Coreopsis 0.27 6% Purple Prairie Clover 0.59 13% Narrowleaf Penstemon 0.09 2% Blanketflower 0.45 10% Dotted Gayfeather 0.09 2% Blue Flax 1.58 35% Clasping Coneflower 0.14. 0.32 3% 7% Prairie Coneflower Mexican Hat 0.32 7% Scarlet Globemallow 0.14 3% Prairie Aster 0.14 3% Prairie Cinquefoil 0.09 , 2% Lanceleaf Coreopsis 0.18 4% Total: 4.50 100% PLANTING, MULCH OR COVER CROP 1) PLANTING WINDOW FOR NATIVE SEED - Ideal dormant seeding window is December 1— May 1 for the native grasses, followed by an application of crimped native grass hay. Seed may remain viable for years in the soil waiting for the right conditions to germinate. Native seed planting is typically H:\Pits HEW Plants\EVANS\Stiles Mining Resource\Exh E Reclamation \Exhibit E Reclamation Plan.docx planned for December through May. This timing will improve seed and soil contact by taking advantage of the pounding action of rainfall, weight of snow and the freeze/thaw heaving action in the soil. a) NATIVE SEED PLANTING FOLLOWED BY NATIVE GRASS HAY MULCH - If seeding grasses and forbs into bare soil is needed, ASCI will use crimped in native grass hay to slow the wind and water erosion. Crimped hay will be applied at ±2 tons/acre of weed free native grass. Hay length should be at least ten (10) inches long for 70% of the product used. The hay should be clean and free of mold, decay, mud, and other debris. 2) ALTERNATE METHOD - PLANTING WINDOW FOR COVER CROP AND NATIVE SEED - If the cover crop seed planting window is May —July; ASCI will plant a sterile sorghum cover crop, then mow to kill the cover crop before viable sorghum seed formation is achieved later in the season. Then in December — May: the native seed mix will be planted into the sorghum cover mulch. This planting sequence will not require the native grass hay mulch. a) PLANTING A COVER CROP FOLLOWED BY NATIVE SEED PLANTING - A sterile sorghum cover crop will be planted prior to seeding of natives grasses. The cover crop residue will supply protection that will guard the soil against wind and water erosion. Seed formation by these cover crops can be limited or controlled using sterile hybrids and by planting late so that sorghums are not able to mature and form seed. The sorghum will be allowed to grow, then killed by mowing prior to planting the native grass seed. The sorghum cover crop mulch will not readily decompose. This area needs a persistent mulch due to the semi -arid, low humidity, and windy environment. Mulch supplies shading which slows the drying of the soil surface. Surface soil moisture and maintenance of mulch or a cover crop residue, is essential to native grass establishment. 3) ASCI will avoid cover crops which leave residues that may be allopathic (naturally occurring chemicals that inhibit germination of the native grass seedlings) such as wheat stubble or wheat straw mulch and will not be used to cover the native grass crop. WEEDS — 1) Periodic weed inspections will monitor for weed infestations until the reclamation bond is released. ASCI will implement cultural, mechanical, and biological control methods including an aggressive mowing program to prevent the growth and establishment of weeds. 2) After the topsoil is replaced, which has a significant seed load, we will watch for the emergence of noxious weeds and treat accordingly. a) Once the topsoil is placed and graded, tillage will be kept to a minimum. b) By taking this extra time to evaluate the weeds on the property, ASCI will increase the of success of establishment of the native grass/forb establishment. Reducing the population of weed seeds prior to planting the reclamation crop is important to successful establishment of the reclamation crop. 3) The primary method of weed control will be mowing. a) Mowing is the best method of weed control in native grass plantings. Weeds commonly achieve plant height well above that of native grasses in the first season of growth. Mowing improves the competitive advantage of native grasses. The site will be inspected to decide the best mowing height that will remove as significant foliage from weeds and keep damage to the native grasses leaf area to a minimum. b) Mow whenever considerable damage can be dealt to the weed population. c) Mowing large weeds can cover small native seedlings with large amounts of residue. Removal of a thick weed canopy can occasionally cause native seedlings to be "shocked" by sudden exposure too full sunlight. H:\Pits HER Plants\EVANS\Stiles Mining Resource\Exh E Reclamation\Exhibit E Reclamation Plan.docx d) Frequent mowing is the best means of reduce excessive mowing residue and sunlight shock from removing the weed cover. e) Mowing improves native grass seedlings' ability to compete with weeds. f) Mowing for weed control will be relied on throughout the establishment period. 4) When cover crops are proven prior to native seeding, it may be beneficial to control weeds in the cover crop. Herbicides will be chosen that will not carryover in the soil to cause problems for new native grasses. Native grass species can be sensitive to herbicides prior to becoming fully established and it is our intention to avoid herbicides the first year. 5) Weed management strategies will be implemented from the outset to achieve final reclamation. a) Methods include keeping healthy pastures, using weed -free crop seed, weed -free manure and hay, and clean harvesting and tillage equipment, as well as the elimination of weed infestations in areas bordering cropland, and in irrigation ditches and canals. b) Cultural: Methods include and are not limited to: Setting up and managing an adequate population of desirable vegetation to compete with the weeds; using livestock (cattle, goats, sheep) when possible; mulching; burning; and even plastic weed barriers. c) Mechanical: Methods include mowing and tillage. d) Biological: Biological weed control involves the use of natural enemies for the control of specific weed species. This method can be successful especially when combined with other control methods. e) Chemical: Always read the label before using any herbicide! i) If needed, herbicide application will be applied to further control weed infestations per the recommendation of a licensed and bonded herbicide applicator. ASCI will work with a knowledgeable area agronomists who is experienced with local conditions. SCHEDULE Stiles Mining Resource Reclamation Phase and Block Schedule Approximate Year for Operation DESCRIPTION "fie"' Buffer Area Mlne Block Area Bac.. Buffer Weed Control and Seeding. Weed Reclamation Phase BID. (Acres) (Acres) Seeding Control Release Mine Phase 1(West Survey Parcel III) 1-A (Hot Plant) M7 12 2022 2022 NA 2024 1 Survey Mine Phase 1 (Middle Parcel l) 1-P,: B (W� pia, 11 2023 2022 NA 2024 Mine Phase 2 (West Survey Parcel III, 2 2A 8 2028 2022 2028 2033 26 8 2031 2022 2031 2036 3-A 11.4 10 2036 2022 2036 2041 Mine Phase 3 (Middle Survey Parcel l) 3 3-B 10 241 2022 2041 2046 3C 10 245 2022 2045 2050 3D 30 298 222 2048 2053 City of Evans- 35th Avenue night of way Alt 3A -3D 0 2048 222 2048 2053 4A 11.2 10 251 20. 2051 2056 Museuoo4(Middle Survey Parcelll) 4 4-B 10 254 222 254 2059 4C 10 2058 2022 2058 2063 4D 10 2062 222 262 2067 Total (Parcel Buffers] (Mine+35th Ave ROW]n 33.3 125.0 Acres Total Affected minable area Induding City of Evans ROW a 158.3 Acres - All mine buffers will be mowed and maintained for the duration of the mine operation and reclamation. - We plan to combat the significant invasive, nonnative weed species on this site with the use of native plants for revegetation and reclamation. • The Hunt Brothers property, Parcel I and II are is being annexed by the City of Evans and all three Parels will be zoned as a Heavy industrial (I-3) area. - Mine blocks 14 and 18 have been indentified as heavy industrial areas (I 3). • The remaining mine blocks 24 through 4D are zoned as a heavy industy district (i3). When an industrial use is identified for an area, the land will be developed for that industrial use. DAMS will be notified prior to industrial development. - All remaining Mine Block areas will be reclaimed as dryland native grass pasture until the identification of an appropriate Industrial use. H:\Pits HBP Plants\EVANS\Stiles Mining Resource\Exh E Reclamation \Exhibit E Reclamation Plan.docx ASPHALT SPECIALTIES COMPANY, INC. ASPHALT PLANT & AGGREGATE MINE SPECIAL USE PERMIT Part of the Southwest 1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., CITY OF EVANS, COUNTY OF WELD, STATE OF COLORADO CURRENT ZONE:PUD PROPOSED ZONE: 13 o INn1ALRELEASE PHEPARF.0 4V,,,,,, extsnNG cot+omDNs s t>Euo PLANGRADRtG PLAN' JANUARY 27, 2022 SPECIAL USE PERMIT FOR: ASPHALT SPECIALTIES COMPANY, INC. ASPHALT PLANT & AGGREGATE MINE NW OF WCR 35 & WCR 394 EVANS, CO 80620 PREPARED FOR: ASPHALT SPECIALTIES COMPANY, INC. STEVE WARD 10100 DALLAS STREET HENDERSON, CO 80640 (303)594-1433 APPROVED BY: HUNT BROTHERS PROPERTIES INC. DATE DANIEL W. HUNT WESTERN ENGINEERING CONSULTANTS, INC. LLE DATE CHADWIN F. CO, P.E. WESTERN ENGINEERING CONSULTANTS, Inc. LLC 127 S. DENVER AVENUE, FORT LUPTON, CO 80621 Phone: (303)913-7341, Fax: (720)294-1330, email@westemeci,com m YnBIruM.y Gnsul'nne., Ge_,.r LWt9a'Gt& Ixap IPo c ^ xo3 iS.\11 ruu sa�li: t• =xPP� "��}� NAtF SCALE• 1' x POp' x0i Ml UNCO I✓f41IP 4OGf[5 wK PPM PtPPOPP[0. It IP 1!a CCNri/LPOP5 PESo0P51WlIY i0 - HL IRNa6 Ya IOGP . 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'a�byo wrz��fwemW5. [wM,wrs. xE rg, ¢s{r.o M"0 W r a'�.rw+s faMwr Dir si!�[� ` T w�tvo4n. r& ,n�d•v uvrn °t't an' �nm.`R°E'�'r,Me4 iwnn a'e°o� xD imiDu. tsw« ar'i�"",""� i�ir i•rxEeeF xK nDew>~-,or.><DxD�K.n rk aY'+wA rw�v,�s5��p�"rE[F�vr�N� F�'10.�L+�N r (u?Et"A^.s•��rwDo'�"i'ar . � HnnA9.¢! " Mx DM. ,»>, y`+ q 4k(vr�gP a••xae,.,��<cMcccgEqgc�ppv [t��a �[�x•[ A1Rnn� mvDl't'xDK" �mcf%'Krv"N fEt"i 9tgCly wrNN Nr 1. W ! HrirFW-WFS mD rmla�5 �!� P��uKatlfJO � ,•a a t I�s°�s w ___�`\ S�T� rkY%lYP/Jrlt.}O/IZ .y4l.O.G Land Surveying Co. w se. (k+. �"" ro mm • ram-w-(su. rsDs.w.mn .,,.rriK..m ALTANNSPS LAND TITLE SURVEY POR of the East 7/2 of the Epst l/2 pf [he Sotuheast v of Section 35 and the Southwest t/4 of Section 36, ipwnship 5 North, Range 66 West pf the 61h P.M.,, County of Weld, Stote of Colorado Sheet 2 of 3 OeAPN2F SOO.O ��i1�/err L7o re:d I�anc Mt Of rveping Co. ALTA/NSPS LAND TITLE SURVEY iR28 05/IYe°RR t°:58 nM Taal,,,;i1 Pec Poe Ste.°° Cary xoppes-CIe�Nene xemeer wbb Cowry CO HUNT BROTHERS PROPERTIES ANNEXATION TO THE CITY OF EVANS Part of the Southwest 1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., City of Evons, County of Weld, State of Colorado Sheet oft OWNER'S CERTIFICATE: LwH Nl NEH wl iHFff PMSfHis rlui x°xi °¢Ol'a PACPEAl16. INC iNE C�Mlim, YOw14CE OA IIFNMLOCA OA CFAINN UNes IN NAVs, CUOP/�W, �IMAES CLLCW5: A PNMEL °P Uri tour. w rxz swwN4st I . a szcn°x x, MN rs N°Alk � route mx Px, arc or Nxes, ewuxrc aP wm, smz a WA. mimµaxc rxc war wR aP rre muwwsr t x a sN° sccmx n ,yro3// R 1 �uuwxuu°FCw,NP°u" zN"ixe°, kw MM U.gx6 C°NfNNFo u i AfAI.NArtrE"tl" cwml 1 . a sxw smror nits m MIS, ml _fsz;s'uLM___._'a""or°_niE:a ai.wo ermrow mA w¢° w PLANNING COMMISSION CERTIFICATE: awwee,wwwcawwwaMay VICINITY MAP: 1.' = 4000' C COMMUNITY DEVELOPMENT DIRECTOR: er wR c°Nuubrc °zvElmxwr NAzcroA m xxz DEVELOPMENT STANDARDS: At11,11,11"...A. z; c 1 u .P1AVN wrRrozo..A. N rcsrt0. PAnPmrc bwr Pumwrt ro Axnac m Nrt° ar me rnr .w° wxssazxnr ARmA°m 1"°IAv"°° c°uvrc cww N°Ni°Ava°Iw°fl0xr io. me'w�o use° mun°.r we uv° use .wPrswu. elw¢cs wr xz°¢ nre A.u5[ PmM. Ntt ug5 anm[ I°iPmp.{p cwa¢� xiww'ws°smcc"xnuN�c twr rxwrlx PMTIL A�NEAF W� me amcA i nncR°iur iurowirul iro nRmN w c isl srl u'"°o ra AsvNm... wzcc c a zaic -- SURVEYOR'S CERTIFICATE: ream". n ui"wgerr LAI r�s zwmr usm"fw . xcuws w. crznN er°wR"sH°""wv "xur�°"uNo .aw'`zms°4 ca aim°" IaN^ a°N xs lu t abne,Vcazi, red LandZ rveying Co. ICIDf • P.»3�!`A-ISY F.WS-N'14Mi3' mleetlY.rwn w Nn cox I [xaNm wr. wx I Mm wr 10. xou 921228 5/13120221056" Page 2 0(2 HUNT BROTHERS PROPERTIES ANNEXATION TO THE CITY OF EVANS Part of the Southwest 1/4 of Section 36, Township 5 Narth, Range 66 West of the 6th P.M., City of Evans, County of Weld, State of Colorado Sheet 2 of 2 001 10. SRO 600.10 000LE 200 400 600 Kdi LandSurveying Co. w ee. ,m, co eno, • Pxs-ego-,exi .:wren-ama • �I..n.wn, riaI'ih of Evans, Colorado RECEIVED APR 252022 WELD COUNTY COMMISSIONERS City of Evans Land Use Approval Notification Date: April 21, 2022 Project Title: Hunt Brothers Properties Annexation and Zoning to the City of Evans Case Numbers: 22-ANNEX01 Applicant: Asphalt Specialties & Hunt Brothers Properties, Inc. Planner: Anne Best Johnson, 970-475-2228 or abjohnson@evanscolorado.gov Project: The City of Evans has approved an Annexation of two parcels and zoning of three parcels. The two parcels annexed and then zoned to Industrial, 1-3 are located north of and adjacent to WCR 394 and east of and adjacent to the right-of-way for 35th Avenue. The parcel numbers for the Annexation and Zoning application are: 095936300040 and 095936300042. A Site Plan is under consideration through the administrative process to allow an Asphalt Batch Plant and a Gravel Mine on the two parcels listed above as well as an additional parcel (095935000005). Notice: Notice is being provided pursuant to the Evans Municipal Code that the two parcels listed above have been annexed to the City of Evans. Notice is also being provided that the intended land use is for gravel mining and an asphalt batch plant. The Evans Planning Commission held a public hearing on Tuesday, March 22, 2022 at 6 pm and the Evans City Council held public hearings on Monday, April 4 and Tuesday, April 19, 2022 at 7 pm. Additional Information Available: If you would like additional information on the Annexation, Change of Zone or the Site Plan, feel free to contact the Planner listed above for further information which can be emailed to you. 9u6(tc Rev:ecJ 512/22 cc :So(RS), PLCTP), CM(-rP/RT/TP) Pc..4(ER/cH /EPP, ASR(aK/SG), GIS(SG) L//gif2 2022 - oay 6 r Evans, Colorado Aerial image of parcel 095936300040 Aerial image of parcel 095936300042 I'il} nl' __________ Evans, Colorado Aerial image of parcel 095935000005 City of Evans Planning and Community Development 1100 37th Street, Evans, CO. 80620 (970) 475-1167 e galls, Colorado RECEIVED MAR 0 7 2022 WELD COUNTY COMMISSIONERS 1100 37th Street • Evans, CO 80620 • (970) 475-1167 March 7, 2022 TO: Esther Gesick, Clerk to the Board FROM: Anne Best Johnson, Community Development Director RE: Hunt Brother Properties, Inc. Annexation Impact Report Attached is one copy of the Annexation Impact Report for the Hunt Brothers Properties, Inc. Annexation to the City of Evans. Let us know if you have any questions. PvbI;c. Rev,e)J 3 /2`d /22 CC : S O CRS),QLCIP), CPI CI" f Itr/TP), PW(ER/CH/.P), RSR(oK/6), 63 SCsG) 3 /24 /22 2022-0946 City of Evans • Planning Department • (970) 475-1167 ABJohnson@evanscolorado.gov • Kpuga@evanscolorado.gov HUNT BROTHERS PROPERTIES, INC. AND ASPHALT SPECIALTIES ANNEXATION IMPACT REPORT February 24, 2022 ANNEXOR: HUNT BROTHERS PROPERTIES, INC. AND ASPHALT SPECIALTIES 10100 Dallas Street Henderson, Colorado 80640-8491 Annexation of Property to the City of Evans, Colorado ANNEXATION IMPACT REPORT 1. STATEMENT OF PURPOSE This Annexation Impact Report has been prepared pursuant to Colorado Revised Statutes Section 31-12-108. 5. Hunt Brothers Properties, Inc. ("Annexor") proposes to annex to the City of Evans, Colorado, the real property legally described on the attached Exhibit A. Annexor filed its Petition for Annexation pertaining to Evans Energy Park with the City of Evans (the "City") on January 27, 2001. The boundary of the parcel is contiguous to the existing City limits. Anticipated land uses within the proposed property include gravel mining, mineral resource processing, and reclamation of the mined property to pasture. All references to land use plans, territorial boundaries, provision of services to the property and similar matters are based on the proposals submitted to the City and have not been accepted by or agreed to by the City. State statutes do not require the City to annex the two proposed parcels described in Exhibit A. 2. STATUTORY REQUIREMENTS This report contains the requirements set forth in C.R.S. Section 31-12-108.5 as follows: (a) C.R.S. 31-12-108.5(1)(a)(I) - (III) (Maps of the Municipality and Adjacent Territory) The map required by C.R.S. 31-12-108.5(1)(a)(I)(II) and (III) are attached to this Annexation Impact Report as Exhibit B. (b) C.R.S. 31-12-108.5(1)(b) (Draft or Final Pre -annexation Agreement) A draft annexation agreement submitted with application materials is available and included as Exhibit C. There is no pre -annexation agreement. (c) C.R.S. 31-12-108.S(1 )(c) (Plans for Extending Municipal Services) At the time of annexation, the Property will not require municipal services. After annexation, the extension and provision of municipal services to the Property may be needed for future development of the property beyond what is immediately proposed as resource extraction and processing. Annexor proposes that the extension of services as follows: (i) Potable Water. Annexor shall provide drinking water through bottled water. Extension of municipal services is not intended. (ii) Sanitary Sewer. Extension of municipal services is not anticipated. (iii) Utilities. In accordance with the annexation agreement, provision of other public utility services will be addressed in the Special Use Permit application. (iv) Drainage. Annexor will provide stormwater management as approved through the City of Evans. (v) Roadways. Annexor will participate in Road Maintenance and Development Agreements with the City of Evans, Weld County and the Town of LaSalle. (vi) Public Lands. Lands may be dedicated for public purposes such as trails and open space after mining is completed. (vii) Police, Fire, Library and Other Services. Police and fire protection, library and similar services will be available on the effective date of annexation. (d) C.R.S. 31-12-108.5(1)(d) (Plans for Financing Municipal Services). The City requires that a developer pay for project -related costs including design, planning, and public infrastructure construction. It is currently anticipated that Annexor will enter into a Development Agreement associated with the review process for the Special Use Permit. Annexor will dedicate all necessary rights -of -way for the construction of such facilities. (e) C.R.S. 31-12-108.5(1)(e) (Districts in Area to be Annexed). The property is currently served by the following statutory special districts: (i) School District No. RE -1, Gilcrest (ii) Northern Colorado Water Conservancy District (NCWCD) (iii) Central Colorado Water Conservancy District (CWCD) (iv) Evans Sanitary Sewer (v) Evans Recreation District (vi) University of Colorado Health Ambulance District (vii) Evans Fire District (viii) Aims Junior College (viii) High Plains Library (0 C.R.S. 31 -1 2-108.S(1)(t) Effect on the RE -1 Gilcrest School District. It is expected that there will be a reduced effect on the School District by annexation and zoning of this property. The City of Evans Future Land Use Plan identifies this parcel as Open Space. The encumbrance of the flood hazard overlay district on this property is limiting to future urban development. EXHIBIT A: LEGAL DESCRIPTIONS PARCEL I: LOT B, RECORDED EXEMPTION NO. 0959-36-03 RECX17-0197, RECORDED JANUARY 17, 2018 AT RECEPTION NO. 4368408, LOCATED IN THE W 1/2 OF THE SW 1/4 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPT THOSE PARCELS DEEDED JUNE 18, 2018 AT RECEPTION NO. 4407999 AND NOVEMBER 9, 2018 AT RECEPTION NO. 4445526 AND JANUARY 29, 2020 AT RECEPTION NO. 4562229. PARCEL II: LOT B, AMENDED RECORDED EXEMPTION NO. 0959-36-03 1AMRECX18-85-803, RECORDED SEPTEMBER 18, 2019 AT RECEPTION NO. 4524591, LOCATED IN THE SW 1/4 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THOSE PARCELS DEEDED NOVEMBER 9, 2018 AT RECEPTION NO. 4445526 AND JANUARY 29, 2020 AT RECEPTION NO. 4562229. EXHIBIT B: ANNEXATION MAP HUNT BROTHERS PROPERTIES ANNEXATION TO THE CITY OF EVANS CENTER -EAST -EAST 1/64 COR. SEC. 35, T 5 N R 86 W., FOUND - 3/4" REBAR WITH 2 1/2 ALUMINUM CAP, PLS 9644 89 _ N89'23'35"W 758.95' WEST 1/4 COR. SEC. 36, T 5 N, R 66 W, FOUND 3/4" REBAR WRH 2 1/2" ALUMINU CAP. PLS 24670 PARCEL NO. 095935000005 HUNT BROTHERS PROPERTIES INC EAST -EAST 1/64 COR. SEC. 35, T 5 N, R 86 W, FOUND 3/4" REBAR WITH 2 1/2" ALUMINUM CAP, PLS 9644 589'28'38"E 682.22' I II UNPLATTED CENTER -WEST 1/16 COR. SEC. 36, PARCEL NO. 095936000017 T 5 N, R 66 W, FOUND 3/4' REBAR� CITY OF EVANS WITH 2 1/2" ALUMINUM CAP, PLS 38230 NBB'28'00"E 1318.89' //////////////////// //////////////////////// 26898' SW COR. SEC. 36, T 5 N, R 66 W, FOUND 3/4" REBAR WITH 2 1/2" ALUMINUM CAP, PLS 24670 UNE BEARING DISTANCE L1 N81'44'31"W 197.98' T,2 N0O28'56"E 324.35' 1.3 S81'11'33'W 272.90' L4 S26'44'39"E 2.08' L5 581'52'09"W 18.12' L6 S26'08'24"E 390.69' L7 N24'23'12'14 311.13' T,8 573'52'52"W 109.42' L9 S7707'49"W 31.84' 110 N1723'53"W 164.32' LOT B RECX17-0197 (REC. NO. 4368408) PARCEL NO. 09593630 040 HUNT BROTHERS PROPERTIES INC L5 PARCEL NO. 09593600000 PARCEL NO. 095936300039 BRIAN JOHNSON PARCEL NO. 095936300037 MARTIN HERNANDEZ i 14,984,063 S.F.+/-I 114.42 Ac.+/— 13 GRAPHIC SCALE 1"=200' 0 UNE C1 C2 C3 RADIUS 59.34' 1650.00' 1550.00' ARC DELTA CHORD BEARING CHORD 86.12' 97.50' 321.51' 70.13' 97.51' 322.09' 6742'44" 03'23'10' 11'54'21' N9715'25"W NO6'58'13"W NO6'26'43"W 200 400 600 0 Part of the Southwest 1/4 of Section 36, Township 5 North, Range 66 West of the 6th P.M., City of Evans, County of Weld, State of Colorado Sheet 1 of 1 UNPLATTED PARCEL NO. 095936000017 CITY OF EVANS NBB28'O6"E 1318.33' LOT B NRECXI8-85-803 (NEC. NO. 4524591) PAR EL NO. 095936300042 HUNT BROTHERS PROPERTIES INC TRUE POINT OF BEGINNING) CENTER 1/4 CUR. SEC. 36, T 5 N. R 66 W FOUND 2 1/2" PIPE WITH 3 1/4" ALUMINUM CAP, PLS 19617 AS WITNESS COR. 60.00' SOUTH LEGEND: UNPLATTED PARCEL NO. 095936100019 CITY OF EVANS S00'47'44'E 721.84' HD-= ALIQUOT MONUMENT, AS NOTED. ANNEXATION TABLE: TOTAL PERIMETER: REQUIRED 1/6 CONTIGUOUS PERIMETER: CONTIGUOUS BOUNDARY: VP".WUve - s I P OP u7 %/ a ry, �i VICINITY MAP: 1" = 4000' 10,197.50 FEET 1699.58 FEET 4782.16 FEET NOTES: ANNEXATION DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SECTION 36, TOWNSHIP 5 NORTH. RANGE 66 WEST OF THE 6111 P.M., CITY OF EVANS, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: CONSIDERING THE WEST UNE OF nig SOUTHWEST 1 4 OF SAID SECTION 36 TO BEAR NORTH 01.46'09" EAST, BEING MONUMENTES' ON -THE NOR AND SOUTH END BY A 3/4" REBAR WITH 2 1/2" ALUMINUM CAP, PLS 24670, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE CENTER 1/4 CORNER OF SAID SECTION 36, ALSO BEING THE EAST LINE OF LOT B TAMRECXI8-85-803, AS SHOWN ON THE PLAT RECORDED SEPTEMBER 18, 2019 AS RECEPTION NO, 4524591 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADOCOLORADOL THENCE SOUTH 00'47'44" EAST, COINCIDENT WITH THE EAST UNE OF SAID LOT B, A DISTANCE OF 721.84 FEET TO THE NORTHEAST CORNER OF LOT A, OF SAID IAMRECXI8-85-803; THENCE NORTH 81'44'31" WEST, COINCIDENT WITH THE NORTH UNE OF SAID LOT A A DISTANCE OF 197.98 FEET TO THE NORTHWEST CORNER OF SAID LOT A; THENCE SOUTH 02'17'09" WEST, COINCIDENT WITH THE WEST UNE OF SAID LOT A, A DISTANCE OF 870.91 FEET TO THE SOUTHWEST CORNER OF SAID LOT A AND THE NORTH RIGHT-OF-WAY UNE OF COUNTY ROAD 394; THENCE SOUTH 64'46'49" WEST, COINCIDENT WITH THE NORTH UNE OF SAID LOT B, AND THE NORTH RIGHT-OF-WAY UNE OF SAID COUNTY ROAD 394, A DISTANCE OF 1288.51 FEET TO THE SOUTHWEST CORNER OF SAID LOT B; THENCE NORTH 00'28'56" EAST, COINCIDENT WITH THE WEST UNE OF SAID LOT B, A DISTANCE OF 324.35 FEET TO THE NORTH UNE OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED JANUARY 29 2020 AS RECEPTOR NO, 4562229 IN THE RECORDS OF THE CLERK DENT WITH SSAAID NORTH UNE, A DID RECORDER FOR STANCE OFLD 272.90 FEET TO COLORADOL E THE NORTHWEST NCE SOUTH iC RN WEST, SAIDCIPARCEL,, THENCE SOUTH 26'44'39 EAST, COINCIDENT WITH THE WEST UNE OF SAID PARCEL, A DISTANCE OF 2.08 FEET TO THE NORTH UNE OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED JUNE 18, 2016 AS RECEPTION NO. 4407999 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO,' THENCE SOUTH 81"52'08" WEST COINCIDENT WITH THE NORTH UNE OF SAID PARCE6 A DISTANCE OF 18.12 FEET TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE SOUTH 26'D6'24 EAST COINCIDENT WITH THE WEST UNE OF SAID PARCEL, A DISTANCE OF 390.69 FEET TO THE SOUTH LINE OF LOT B, RECX17-0197. AS SHOWN ON THE PLAT RECORDED JANUARY 17, 2018 AS RECEPTION NO. 4368408 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY" COLORAJDO, ALSO BONG THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 394: THENCE SOUTH 64'50'21 WEST" COINCIDENT WITH THE SOUTH UNE OF SAID LOT B AND SAID NORTH RIGHT- OF-WAY UNE. A DISTANCE OF 805.34 FEET TO THE SOUTHEAST CORNER OF LOT A, OF SAID RECX17- 0197: THENCE COINCIDENT WITH THE EAST AND NORTH UNES OF SAID LOT A, THE FOLLOWING FOUR (4) COURSES AND DISTANCES: 1) NORTH 24'23'12" WEST" A DISTANCE OF 311.13 FEET, 2 THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 5 .34 FEET AND A CENTRAL ANGLE OF 6742'44" WHOSE CHORD BEARS NORTH 6715'25" WEST, A DISTANCE OF 66.12 FEET: THENCE NORTHWESTERLY ALONG THE ACR OF SAID CURVE A DISTANCE OF 70.13 FEET; 3) SOUTH 73'52'52" WEST, A DISTANCE OF 109.42 FEET' 4 SOUTH 7707'49" WEST A DISTANCE OF 31.84 FEET TO THE EAST RIGHT-OF-WAY LINE OF 3 TH AVENUE AND THE 0(15TTNG MUNICIPAL UNITS OF THE CITY OF EVANS, AS SHOWN ON ANNEXATION PLAT RECORDED JUNE 20, 2008 AS RECEPTION NO. 3397579 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; ALSO BEING THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE WEST. HAVING A RADIUS OF 1650.00 FEET AND A CENTRAL ANGLE OF 03823'10", WHOSE CHORD BEARS NORTH 06.58'13" WEST, A DISTANCE OF 9750 FEET' THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND COINCIDENT WITH SAID EAST RIGHT-OF-WAY UNE. A DISTANCE OF 97.51 FEET; THENCE NORTH 12'2353" WEST, COINCIDENT WITH SAID EAST RIGHT-OF-WAY UNE A DISTANCE OF 164.32 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1550.00 FEET AND A CENTRAL THE CE NORTHWGLE OF ESTERLY ALONHOSE G THE ARC OFD BEARS NORTH 06'28'43" SAD CURVE AND COINCIDENT WITH SAIDOF 32EAST1 FEET; RIGHT-OF-WAY UNE, A DISTANCE OF 322.09 FEET; THENCE NORTH 01'4553 EAST, COINCIDENT SOUTHWEST E 1/4 RIGHT-OF-WAY SAID TO COINCIDENT WITH E SAID NORTH UNE. A DISTANCE OF 1288.98 FEET TO THE CENTER -WEST 1/16 CORNER OF SAID SECTION 36; THENCE NORTH 88'28'06" EAST, COINCIDENT WITH THE NORTH UNE OF THE SOUTHWEST 1/4 OF SAID SECTION 36, A DISTANCE OF 1318.33 FEET TO THE TRUE POINT OF BEGINNING. SAND PARCEL CONTAINS 4,984,063 SQUARE FEET OR 114.42 ACRES, MORE OR LESS. OWNER'S CERTIFICATE: KNOW ALL MEN BY THESE PRESENTS. THAT HUNT BROTHERS PROPERTIES, BEING THE SOLE OWNERS AND PROPRIETORS OF OTHAT PARCEL OF LAND DESCRIBED HEREON, EXCLUDING PUBUC RIGHTS -OF -WAY, REQUEST THAT THE LAND DESCRIBED HEREON BE ANNEXED UNDER THE NAME OF HUNT BROTHERS PROPERTIES ANNEXATION TO THE CITY OF EVANS DAN HUNT - PRESIDENT STATE OF COLORADO COUNTY OF 1SS THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF BY: DAN HUNT AS PRESIDENT OF HUNT BROTHERS PROPERTIES WITNESS MY HAND AND OFFICIAL SEAL (SEAL) NOTARY PUBLIC MY COMMISSION EXPIRES: CITY OF EVANS APPROVAL: 20. THIS IS TO CERTIFY THAT HUNT BROTHERS PROPERTIES ANNEXATION TO THE CITY OF EVANS WAS APPROVED ON THE _DAY OF BY ORDINANCE NO. _ AND THAT THE MAYOR OF THE CRY OF EVANS, ON BEHALF OF THE CITY20OF EVANS HEREBY ACKNOWLEDGES SAID ANNEXATIONS UPON WHICH THIS CERTIFICATE IS ENDORSED FOR AIL PURPOSES INDICATED THEREON. MAYOR ATTEST: TOWN CLERK SURVEYOR'S STATEMENT: I, CURDS D. HODS, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED BY THIS PLAT WAS MADE BY ME OR UNDER MY SUPERVISION. AND THIS PLAT ACCURATELY REPRESENTS SAID SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF. THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY ME TO DETERMINE OWNERSHIP. FURTHERMORE THIS CERTIFIES THAT AT LEAST ONE -SIXTH (1/6) OF THE PROPERTY SHOWN HEREON IS CONTIGUOUS WITH THE BOUNDARY OF THE TOWN OF KEENESBURO. CURTIS D. HOGS PLS 37971 FOR AND ON BEHALF OF: AMERICAN WEST LAND SURVEYING CO. A COLORADO CORPORATION 14 BASIS COORDINA' E1SOD SODIUM, BEARINGSSHOWN ZONEES(5501EON )RWITHH THE UPON WEST UNE SFCOLORADO SOUTHWEST 1/4 OF SECTION 36. TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M.. IN WELD COUNTY, COLORADO BEARING NORTH 01'46'08" EAST, BEING MONUMENTED ON THE NORTH AND SOUTH END BY A 3/4" REBAR WITH 2 1/2 ALUMINUM CAP, PLS 24670, WITH ALL BEARINGS SHOWN HEREON RELATIVE THERETO, 2) ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508, C.R.S. 3) CERTIFICATION DEFINED: THE USE OF THE WORD "CERTIFY OR "CERTIFICATION" BY A REGISTERED PROFESSIONAL LAND SURVEYOR. IN THE PRACTICE OF LAND SURVEYING. CONSTITUTES AN EXPRESSION OF PROFESSIONAL OPINION REGARDING THOSE FACTS OF FINDINGS WHICH ARE SUBJECT OF THE CERTIFICATION, AND DOES NOT CONSTRUTE A WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPUED. 4) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTIONS BASED UPON A DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 5) THEREOF. F.CA U.S. SURVEYFOOTDEFIINED AS �EXIACT U.S. 1200 3937�METEERRS. DECIMALS 8) PROPERTY BOUNDARY INFORMATION SHOWN HEREON IS BASED UPON ALTA/NSPS LAND TITLE SURVEY CONDUCTED BY AMERICAN WEST LAND SURVEYING CO. DATED JUNE 22, 2020. FILE: R\SURVEYS\13+N\T5N.1166W\S36\ASP ANNEX_2G21\ASPHALT SPECIALTESJNNEO.pro Land Surveying Co. A Colorado Corporation P0 Box 129, Brighton, CO 80801 • P:303-659-1532 F:303-655-0575 • anoret0ls.00m SCALE 1" - 200' I DRAWN BY: CDH I CHECKED BY: MJH I DATE: NOV. 22, 2021 REVISIONS: JOB NO: 21- I EXHIBIT C: PRELIMINARY ANNEXATION AGREEMENT el cobrado ANNEXATION AGREEMENT (Owner Name for Property Address / Legal Description) THIS AGREEMENT is made and entered into this day of , 20 , by and between Hunt Brothers Properties, Inc., Daniel W Hunt, President , hereinafter referred to as "Owner," and the CITY OF EVANS, a municipal corporation of the State of Colorado, hereinafter referred to as "Evans" or "City." WITNESSETH WHEREAS, Owner desires to annex to Evans the property more particularly described on Exhibit A, which is attached hereto, incorporated herein, and made a part hereof (hereafter referred to as "the Property"); and WHEREAS, Owner has executed a petition to annex the Property, dated , a copy of which is on file with the City Clerk; and WHEREAS, Owner has prepared an Annexation Statement and Conceptual Development Plan identifying and illustrating requested zoning, proposed land use and intended development of the Property more particularly described on Exhibit B, which is attached hereto, incorporated herein and made a part hereof; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement regarding annexation of the Property to the City and other matters as set forth herein; and WHEREAS, Owner acknowledges that upon annexation, the Property will be subject to all ordinances, resolutions, and other regulations of the City of Evans, as they may be amended from time to time; and WHEREAS, Owner acknowledges the need for conveyances and dedication of certain property, including but not limited to property for rights -of -ways and easements, to Evans as contemplated in this Agreement, which are directly related to and generated by development intended to occur within the Property. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Information of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth the terms and conditions of the annexation of the Property to the City. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained in the Evans Municipal Code, Development Regulations and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et semc . 3. Further Acts. Owner agrees to execute promptly upon request of Evans any and all surveys and other documents necessary to effect the annexation of the Property and the other provisions of this Agreement. Owner agrees not to sign any other petition for annexation of the Property or any petition for annexation election relating to the Property, except upon request of Evans. 4. Annexation Documents. Owner agrees to provide legal documents, surveys, engineering work, newspaper publications, maps and reports determined by Evans to be necessary to accomplish the annexation. 5. Zoning and Land Use. The parties recognize that it is the intent and desire of Owner to develop the Property in a manner generally consistent with the zoning and land uses presented in paragraph 15 below, and that the granting of such zoning by the City of Evans is a material consideration of the Owner's agreement to annex the Property to the City. Owner shall take all action necessary to permit zoning by Evans of the annexed Property within the time prescribed by state statute. In the event the City does not zone the land in accordance with the uses further described in paragraph 15, then the City agrees not to oppose any disconnection by the Owner, subject to the requirements of state law. ANNEXATION AND CONCURRENT ZONING, Page 7 of 14 tl 8, 81'$de 6. Public Use Land Dedication. Owner agrees to dedicate, by General Warranty Deed or other appropriate instrument of conveyance acceptable to the City, or, at the request of the City, for a homeowner's association to be created, all of Owner's right, title and interest (subject to exceptions of record permitted by the City), in and to the applicable Property a portion of the territory to be annexed for public open space or other public purposes as directed by the City, in addition to easements and rights -of -way for streets and other public ways and of other public purposes, all as required by City ordinances and resolutions in effect at the time of the dedication. Owner shall have no obligation to dedicate any land for development of public improvements for the following: public school, sewer/water treatment facilities or related facility, power generation plant, library, police station or fire station. 7. Water and Wastewater Utilities. On -site and required off -site water and wastewater mains and appurtenances shall be constructed to City standards by Owner at Owner's expense. Owner shall be entitled to reimbursement for oversizing of any additional mains in accordance with the ordinances and policies of the City. The water and sewer mains to be oversized shall be set forth in the Public Improvement Developers Agreement. 8. Water Rights Dedication. Owner shall dedicate water rights as required by Title 13.08 of the Evans Municipal Code. 9. Non -potable Irrigation. Owner may install and City may require Owner to install a non -potable water system to provide irrigation water to all areas described within Exhibit A. The non -potable water system will become an extension of the Evans water utility enterprise and will be owned, operated, and maintained by the City after acceptance by the City. In consideration of the reduced potable water demand that will be realized by the installation of a non -potable irrigation system, the amount of raw water to be dedicated to the City shall be reduced by an amount as determined by an engineering analysis performed by the City at the expense of Owner, or by City policy. 10. Municipal Services. Evans agrees to make available to the Property all of the usual municipal services provided by the City, in accordance with the ordinances and policies of the City. The services provided by the City include, but are not limited to, police protection, fire protection, water, wastewater, and storm water services. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, emergency medical services. 11. Public Improvements. Required public improvements shall be designed and constructed to City standards by Owner at Owner's expense. Owner further agrees to provide financial guarantees for constriction of all required improvements as set forth in each phase of the development, and to dedicate to the City any or all of the improvements as required by City ordinances. The public improvements and financial guarantee shall be set forth in the Development Agreement between the City and Owner. 12. Streets and Arterial Roads. On -site and required off -site streets shall be dedicated, designed, and constructed to City standards by Owner at Owner's expense. Upon approval of the City, Owner shall dedicate all public right-of-way improvements under warranty with at least a two-year guarantee for maintenance to the City of Evans. A traffic study for the proposed development shall be completed by the Owner in accordance with City requirements. The Traffic Engineer shall consider future signalization and a signal progression analysis. Owner shall be responsible for payment of a portion of the cost related to the design and construction of such future signalization when it is determined that such infrastructure is warranted. 13. Drainage. Owner shall provide at Owner's expense a drainage study of the entire annexation territory. Improvements recommended by such study shall be completed at the time of completion of each phase of development. Facilities necessary to address drainage from outside the Property shall be designed for quantities in excess of those amounts historically discharged from the site. Such facilities shall be developed in conformance with the Comprehensive Drainage Study and other City regulations and ordinances. 14. Reimbursements. To the extent water, sewer, storm drainage facilities or other public utilities are oversized or extended onto property by Owner or to the extent public improvements are built off -site of the Property by Owner, by any District or by the City (for which Owner/Developer pays), for benefit accruing to other parties, said improvements may be eligible for reimbursement. Per Title 13.28 of the Evans Municipal Code, City agrees to use its best efforts to maximize the opportunity for, and amounts of reimbursement payable to Owner in connection with the development of any other property tapping onto or otherwise maldng use of any such improvements. The City agrees to coordinate the execution and delivery of necessary reimbursement agreements among the City, the Owner and the owner/developer of any other such property in order to obtain such reimbursements for Owner. ANNEXATION AND CONCURRENT ZONING, Page 8 of 14 Ells, Colorado 15. Zoning and Land Use. (A) Conceptual Plan. Owner and City shall mutually agree upon a conceptual land use plan that is in accordance with the City's Comprehensive Plan. It is Owner's intent to develop and request zoning for the Property in accordance with the conceptual land use plan as shown in Exhibit B. The conceptual plan consists of (add description). (B) Owner agrees that the design, improvement, construction, and development of the Property described herein shall be in conformance with the City of Evans Design Guidelines, as those requirements exist at the time of site plan application. (C) Rezoning Process. Upon submittal of required materials, Owner's rezoning request shall be processed concurrently with the petition for annexation. This provision does not waive the authority of the Owner or the City of Evans to initiate rezoning of the land in accordance with the Charter and ordinances of the City of Evans. Land use is subject to the police power and legislative authority of the City of Evans. 16. Agricultural Use. The City agrees that Owner may continue the agricultural uses that are presently being conducted on the Property in the same manner as they have historically been performed until the development of the Property. The Owner understands and agrees that upon issuance of the first non-agricultural building permit for the Property, such agricultural activities shall cease, and any livestock, barbed wire, and/or electric fences shall be removed from the Property. The Owner understands that discharge of firearms is strictly prohibited in the City of Evans. 17. Limitation on Fee Impositions by the City. The City agrees that the Property shall be subject to typical development fees similar to those that are imposed on other developments in the City pursuant to the City's regulations and ordinances unless otherwise mutually agreed upon by the Owner and the City. 18. Development Agreement. In a form provided by the City, Owner and the City shall enter into a development agreement. The final form of the development agreement shall be subject to mutual agreement of the parties on the terms and conditions of the same. The development agreement shall be signed prior to or upon approval of the final plat. 19. Conformity with Laws. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with all applicable laws and ordinances and that Owner shall comply with all City ordinances, resolutions and regulations including without limitation, ordinances, resolutions, and regulations pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to City streets, and flood control. 20. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the City and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the City of any tax or fee. 21. Disconnection. No right or remedy of disconnection of the Property from the City shall accrue from this Agreement. In the event the Property or any portion thereof is disconnected, Evans shall have no obligation to serve the disconnected Property or portion thereof and this Agreement shall be void and of no further force and effect as to such Property or portion thereof. 22. Severability. The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, 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 the particular part, term, portion, or provision held to be invalid. 23. Owner's Association. Owner shall organize a unit owner's association or associations if appropriate for given parcels and/or unit types with the development of the Property. Owner shall form the association(s) pursuant to the Colorado Common Interest Ownership Act ("Act"). C.R.S. §38-33.3-101, et g. The Owner shall also execute and record covenants and instruments of conveyance which comply with the Act and which adequately provide for continuous ANNEXATION AND CONCURRENT ZONING, Page 9 of 14 tlhigns, Colorado ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas and private facilities. At least thirty (30) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the City Attorney for review and comment. 24. Fire Protection District Exclusion. Owner agrees to petition out of the LA SALLE FIRE Fire Protection District and does hereby irrevocably appoint the Fire Chief of the City of Evans, its true and lawful agent, and attorney for the Owner and in the Owner's name and stead to sign and execute any and all petitions, documents and writing pertaining to the lands herein described which shall be necessary and appropriate to petition out of such district. 25. Water Conservancy Municipal Subdistrict Inclusion. Pursuant to CRS 37-45-136(3.6), Owner consents to inclusion of the property into the Municipal Subdistrict, Northern Colorado Water Conservancy District, when the annexation becomes effective. 26. Future Cooperation. The parties agree 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. 27. No Joint Venture or Partnership/No Assumption of Liability. Nothing contained in this Agreement is intended to create a partnership or joint venture between the City and Owner or between the City and any one or more of the individual owners listed above, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not provide for the joint exercise by the parties of any activity, function, or service, nor does it create a joint enterprise, nor does it constitute any party hereto as any agent of another party hereto for any purpose whatsoever. Except as specifically otherwise provided in this agreement, no party shall in any way assume any of the liability of any other party for any act or obligations of the other party. 28. Amendment. This Agreement may be amended only by mutual agreement of the City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk and Recorder of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the Property and/or Water Rights subject to the amendment unless otherwise specified in the amendment. 29. Entire Agreement. 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. 30. Owner. As used in the Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of 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. In the event of a transfer of all or any portion of the Property, provided the City approves such transfer, such approval not to be unreasonably withheld, the transferring Owner shall be relieved of any and all obligations under this Agreement that arise after the date of such transfer with respect to the transferred Property. 31. Amendments to Law. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any City ordinance, resolution, regulation, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner. 32. Binding Effect. This Agreement shall be binding upon and inure to the benefit of all the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk and Recorder of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 33. Failure to Annex. This Agreement shall be null and void if the City fails to approve the annexation of the Property. 34. Breach of Agreement. ANNEXATION AND CONCURRENT ZONING, Page 10 of 14 eiV8N8Abrade (A) Breach by Developer; City's Remedies. In the event of a default or breach by the Owner of any term, condition, covenant, or obligation under this Agreement, the City may take action, as it deems necessary to protect the public health, safety, and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship. The City's remedies include: (1) The refusal to issue to the Owner any development permit, building permit, or certificate of occupancy. This remedy shall not affect sales to bona fide purchasers nor be applied to bona fide purchasers (i.e. purchasers of individual lots by persons unrelated to Owner); (2) A demand that the security given for the completion of the public improvements be paid or honored; (3) The refusal to consider further development plans within the Property; and /or (4) Any other remedy available at law. Unless necessary to protect the immediate health, safety, and welfare of the City or City residents, the City shall provide the Owner ten (10) days written notice of its intent to take any action under this Paragraph during which ten-day period the Owner may cure the breach described in said notice and prevent further action the City. (B) Breach by City. Parties agree that in the event of a breach by the City, Owner will have the right to seek all remedies provided by law. (C) Attorney's Fees. If any party breaches this Agreement, the breaching party shall pay the non -breaching parties reasonable costs and attorney fees incurred in the enforcement of the terms and conditions of this Agreement. 35. General Provisions. City shall: (A) Cause its staff to timely and promptly approve or disapprove written submittal by Owner of any plans, specifications, drawings, details or other pertinent data required in connection with any water line, sanitary sewer line, storm drainage or other utility serving the Property or any improvements within any dedicated right-of-way on the Property. Any disapproval shall set forth the items disapproved together with the reasons for such disapproval. Use its best efforts securing, at Owner's expense, construction and maintenance agreements from governmental or private entities in order to allow Owner to fulfill its obligations under this Agreement and to proceed with development of the Property. (C) Cooperate with Owner with any filings, applications, approvals, or other administrative procedures with governmental entities other than the City, which is necessary to allow Owner to fulfill its obligations under this Agreement and to develop the Property in a timely manner. (D) Provide police and other municipal services to the Property to the same extent as those services are provided by City throughout the balance of the City, pursuant to the City's uniform applied policies. (E) Not unreasonably withhold its consent or approval when any consent or approval is required. Owner shall notify the City of assignments and the name of the assignee(s) upon the sale or other transfer of any portion of the Property. The transferor of such portion shall be released from all liability and obligation under this Agreement relating to such portion and all such liabilities and obligations shall be assumed by the transferee (unless transferee is a member of the home buying public or governmental entity). Nothing contained in the Agreement shall constitute or be interpreted as a repeal of existing codes, ordinances or as a waiver of the City's legislative, governmental or police powers to promote and protect the health, safety, and general welfare of the City or its inhabitants; nor shall this agreement prohibit the enactment by the City of any fee which is of uniform or general application. It is understood and agreed by the parties hereto, that if any part, term or provision of this Agreement is by a court 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. This Agreement may be enforced in any court of competent jurisdiction. (B) ANNEXATION AND CONCURRENT ZONING, Page 11 of 14 ans, Colorado 36. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered, sent by facsimile transmission, or sent via registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon transmission receipt, provided a hard copy is mailed the same date. All notices by mail shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either Party, by notice so given, may change the address to which future notices shall be sent. Notice to City: With copy to: Notice to Owner: City of Evans Attn: City Manager 1100 37th Street Evans, CO 80620 City Attorney City of Evans 1100 37th Street Evans, CO 80620 Hunt Brothers Properties Inc. Daniel W Hunt, President 10100 Dallas Street Henderson, CO 806408491 37. Election. Owner agrees that he/she/it is voluntarily entering into this Agreement. Owner represents and submits that to the extent an election would be required pursuant to C.R.S. §31-12-112, as amended, to approve the annexation or to impose teens and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 38. Legislative Discretion. The Owner acknowledges that the annexation and zoning of the Property are subject to the legislative discretion of the City Council of the City of Evans. No assurances of annexation, zoning, or special use permit approval have been made or relied upon by the Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the annexation, zoning or special use approval for the Property, as contemplated herein and in the proposed Conceptual Development Plan for the Property, is not taken or if once taken and Owner is in full compliance with such annexation, zoning or special use approvals is not maintained, then the Owner may withdraw the petition for annexation and seek disconnection from the City in accordance with state law, as may be appropriate and City agrees not to oppose. 39. No Third -Party Rights. This Agreement is made solely for the benefit of the parties hereto and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 40. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 41. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 42. No Warranties by the City. The City is entering into this Agreement in good faith and with the present intention, on the part of the present City Council, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the City makes no representation as to the validity or enforceability of this Agreement and that no such warranty is made on the part of the City. ANNEXATION AND CONCURRENT ZONING, Page 12 of 14 tl S, Colorado 43. Attorney's Fees. If any Party breaches this Agreement, the breaching party shall pay the non -breaching party's reasonable costs and attorney's fees incurred in the enforcement of the terms and conditions of this Agreement. In the event that any person, corporation, special district, municipal or county government, or any other entity asserts any claim or appeal against the City, its officials, or employees pursuant to the provisions of the Colorado Municipal Annexation Act, C.R.S., Section 31-12-101, et seq., the Owner agrees to reimburse the City for all reasonable costs and attorney's fees incurred by the City in defense of such claims whether or not such defense is successful. The City shall, at all times, have control over the defense of the City in such matters and nothing herein shall be construed to require the City to assert any position which is inappropriate, in the sole judgment of the City. The City and Owners/Developers shall confer with each other concerning the defense and/or settlement of any such action. 44. Cost Reimbursement to City. Developer shall reimburse City for outside professional consultants such as engineers, testing companies, and attorneys necessitated by processing and completion of this development. ATTEST: CITY OF EVANS, COLORADO A Municipal Corporation By: By: City Clerk Mayor LANDOWNER Hunt ers Properties, Inc. Da ' W. t By: Signature v� �-- — STATE OF COLORADO A-GlarnS COUNTY ) ss. President Title r/7/Z 2 - Date SUBSCRIBED AND SWORN to before me this %, day of fGwualty , 2022 , by TZI&A; .1 W. -Hu.n - (S WITNESS my hand and official seal. JAN NELSON NOTARY PUBLIC STATE OF COLORADO ) NOTARY ID 19994030527 My Commission Expires April 29.2024 blic in and for the State o mmission expires: tip ANNEXATION AND CONCURRENT ZONING, Page 13 of 14 ell gas, Colorado ANNEXATION AGREEMENT EXHIBITS A. Legal Description B. Annexation Statement and Conceptual Development Plan ANNEXATION AND CONCURRENT ZONING, Page 14 of 14 LEGAL DESCRIPTIONS PARCELS I AND H ARE CURRENTLLY IN UNINCOPORATED WELD COUNTY AND ARE TO BE ANNEXED INTO THE CITY OF EVANS. PARCEL I: LOT B, RECORDED EXEMPTION NO. 0959-36-03 RECX17-0197, RECORDED JANUARY 17, 2018 AT RECEPTION NO. 4368408, LOCATED IN THE W 1/2 OF THE SW 1/4 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPT THOSE PARCELS DEEDED JUNE 18, 2018 AT RECEPTION NO. 4407999 AND NOVEMBER 9, 2018 AT RECEPTION NO. 4445526 AND JANUARY 29, 2020 AT RECEPTION NO. 4562229. PARCEL II: LOT B, AMENDED RECORDED EXEMPTION NO. 0959-36-03 1AMRECX18-85-803, RECORDED SEPTEMBER 18, 2019 AT RECEPTION NO. 4524591, LOCATED IN THE SW 1/4 OF SECTION 36, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPT THOSE PARCELS DEEDED NOVEMBER 9, 2018 AT RECEPTION NO. 4445526 AND JANUARY 29, 2020 AT RECEPTION NO. 4562229. PARCEL III IS CURRENTLY ANNEXED TO THE CITY OF EVANS AND IS THE SUBJECT OF THE REZONING. PARCEL III: THE E 1/2 OF THE E 1/2 OF THE SE 1/4 OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, EXCEPT THAT PART OF THE E 1/2 OF THE E 1/2 OF THE SE 1/4 LYING SOUTH OF A LINE BEGINNING AT THE SE CORNER OF SAID SECTION 35; THENCE NORTH 00 DEGREES 00 SECONDS WEST 172.15 FEET; THENCE NORTH 86 DEGREES 00 SECONDS WEST TO THE WEST LINE OF THE E 1/2 OF THE E 1/2 OF SAID SECTION 35, COUNTY OF WELD, STATE OF COLORADO. EXCEPTING FROM ABOVE PARCELS THE RIGHT OF WAY FOR 35TH AVENUE CONTAINED IN INSTRUMENTS RECORDED DECEMBER 29, 2003 AT RECEPTION NO. 3139615, 3139614 AND JUNE 20, 2006 AT RECEPTION NO. 3397576 Asphalt Specialties Co., Inc. Asphalt Plant and Aggregate Mine In the Vicinity of WCR 35 and WCR 394 The Stiles Pit Narrative Description Annexation Change in Zoning from PUD or Agricultural to 1-3 Special Use Permit Asphalt Plant and related aggregate activities Including concrete and asphalt crushing and recycling Stacking and Storage of Material February 17, 2022 Aerial Picture of the Stiles Pit site City of Evans , Steve Ward Land Development Manager Asphalt Specialties Co., Inc. 303-594-1433 Asphalt Plant and Aggregate Mine East and West side of planned WCR 35 and WCR 394 The Stiles Pit Narrative Description for Annexation Change in Zoning from PUD to 1-3 Special Use Permit Asphalt Plant and related aggregate activities Including concrete and asphalt crushing and recycling Stacking and Storage of Material Asphalt Specialties Co., Inc. has purchased approximately 148 acres in three parcels along the north side of WCR 394. Parcel A is the western most parcel and is located along the west side of the planned WCR 35 extension north from WCR 394. Parcels B and C are east of the planned WCR extension. Parcel A is located in the City of Evans and is currently zoned PUD. Parcels B and C are currently in unincorporated Weld County. All three parcels were purchased from Fred Stiles earlier this year. This project is being referred to for planning purposes as the Stiles Pit. Asphalt Specialties will be applying to the City of Evans for the following land use and related approvals for the Stiles Pit: - Annexation of Parcels B and C into the City of Evans; - Change in Zoning of Parcel A from PUD to 1-3 to allow for altering or storing a natural resource, which use would include an asphalt plant and related aggregate mining and processing activities; - Zoning of Parcels B and C to 1-3 to allow for altering or storing a natural resource, which use would include an asphalt plant and related aggregate mining and processing activities; - Special Use Permit for all three parcels to facilitate stacking of aggregates and storage of aggregate material on an area greater than 30% of the site. - Aggregate activities on site will include concrete and asphalt crushing and recycling Land Use Application Parcel A is currently zoned for PUD, though no development plan has been submitted to the City of Evans for the site. We plan to apply to the City of Evans for a series of land use entitlements as follows: Relocating Asphalt Plant For approximately 9-10 months each year, Asphalt Specialties will operate an asphalt plant on Parcel A at the Stiles Pit. The plant will be one relocated from its existing location near 1-25 in the City of Firestone. Aggregate activities relating to the asphalt operations will include concrete and asphalt crushing and recycling. It is anticipated that the asphalt plant and related aggregate activities will generate maximum daily round-trip truck traffic of 58 trips per day. Employment The asphalt plant will typically employ 3 full-time employees from April through November. The aggregate mining activities will typically employ 5 full-time employees continuously throughout the year. Hours of Operation Generally, the hours of operation for the asphalt plant will be the hours of daylight, Monday through Saturday, during the normal paving season from April through November. The hours of operation for sand and gravel operations will be the hours of daylight, Monday through Saturday, throughout the year. Exceptions to these hours are made for normal holidays. In addition, equipment service personnel may be on -site on Sundays and after daylight hours to conduct maintenance and repairs. Lot Surface The vast majority of the site will be mined. Approximately 7 acres along the southern edge of the site will be used for the asphalt plant and related aggregate stacking. Aggregate stockpiles are typically limited to 25' in height. The asphalt plant and associated equipment will be placed on concrete pads. The internal access and circulation roads will be dirt, gravel, or recycled asphalt. No significant structures are anticipated to be built at the Stiles Pit other than the asphalt plant itself. Stormwater and Utilities Stormwater will either infiltrate into the ground or be directed into our pit. No stormwater discharge will be discharged from the site. Drinking water for employees will be bottled. No on -site wastewater treatment system is planned for the site given the mining activities that will be taking place. Bathroom facilities for employees will be of a temporary design, with wastewater vaulted and removed by a licensed contractor. Water requirements for asphalt production and aggregate mining are expected to be limited. Water for these purposes will be leased for the duration of the asphalt and mining operations on the site. Atmos Energy provides utility services in the area and has indicated they can serve the Stiles Pit site. Access From WCR 394 Ingress and egress to and from the site is proposed for WCR 394 and WCR 35. The majority of truck traffic at the site is expected to enter from east -bound WCR 394 and exit either west -bound on WCR 394 or southbound on WCR 35. Trucks will consist of a mix of approximately 50% aggregate hauling tractor -trailers, and 50% asphalt trucks. Surrounding Properties The site is located in an agricultural area of Weld County. The initial activity at the Stiles Pit will take place on Parcel A. It is anticipated that within 8-10 years, aggregate mining at the Stiles Pit will be expanded to the east across the WCR 35 ROW on Parcels B and C. Other aggregate mining operations currently exist in the general area of the proposed Stiles Pit. Other trucking operations are also common. S. Looking West from the WCR 35 ROW. Looking South along the WCR 35 ROW. The initial Stiles Pit site is to the Access From WCR 394 — AP21-00767 Asphalt Specialties Co., Inc. has applied for an Access Permit from Weld County. This permit application is currently in process. The County has provided a draft Improvements & Road Maintenance Agreement. We are currently negotiating certain requested changes in the draft agreement. Neighborhood Meeting A neighborhood meeting for the proposed annexation, re -zoning and special use permit was held via Zoom on October 4, 2021 at 5:00 pm. Notices were mailed more than ten days ahead of the scheduled meeting to all property owners and residents identified in a data set provided by Weld County County. The mailed notice provided a unique email address to which inquiries could be sent ahead of the neighborhood meeting. No email messages were received prior to the neighborhood meeting. The meeting started promptly at 5:00 pm. Steve Ward, Land Development Manager for Asphalt Specialties Co., Inc., the applicant started the meeting. At least four people joined the meeting. Albert Bush expressed concern about the increase in traffic on WCR 394. He also inquired as to whether we proposed to do asphalt and concrete recycling. We answered that we did intend to conduct aggregate recycling operations as part of the project. Heidi Romero, 17509 CR 34, representing her father who owns a home adjoining the project, asked about setbacks, aggregate stacking heights and timing for construction of the asphalt plant. Brian Johnson, an adjoining homeowner, was concerned about traffic and asked if the speed limit on WCR 394 could be lowered. There was a general consensus that a traffic light at the intersection of WCR 394 and Hwy 85 would be helpful. No one else joined the meeting. There was a technical problem with Zoom and the meeting was cut off at 5:38 pm. The meeting was re -joined a few minutes later but only a few of the initial participants were still on line. The meeting then adjourned. Access From WCR 394 - AP21-00767 Asphalt Specialties Co., Inc. has applied for an Access Permit from Weld County. This permit application is currently in process. The County has provided a draft Improvements & Road Maintenance Agreement. We are currently negotiating certain requested changes in the draft agreement. Ow. TOP SOIL STOCKPILE I CENTER -EAST -EAST 1/64 COR. ~SEC. 35. T 5 N, R 66 WA FOUND 3/4" REBAR WITH 2 1/2 ALUMINU CAP, PLS 9844 NLimis N89'23'35"W 758.95' 85 ( .K T 7D8.93 WATER LINE EASEMENT (REC. NO. 4373305) EXCEPTION NO. 55 N ON) os Oor-0 Z N OX�Z 0-= p a W LUX CZ Lai 000 CENTERLINE OF PIPELINE EASEMENT I I (REC. NO, 2527890) EXCEPTION NO. 26 WEST 1/4 COR. TSEC. 36, 1-1' 5 N, R 66 W, FOUND 3-4" ri REBAR WITH 2 1/2" ALUMINUM CAP, PLS 24670 FOUND MONUMENT LIES 0.56' SOUTH OF PROPERTY COR. PARCEL III [37.86 Ac.+/ - SURFACE FACILITY (REC. NO. 2035773 EXCEPTION NO. 18 EARTHEN DITCH ALONG FENCE LINE 11-iiitnE I I ASPHALT II HOT PLANT rr- -i) STRUCTURE STRU RECYCLED MATERIAL PLANT MATERIAL STOCKPILES 12. MET PONDS S84'13'3� 7�r�25 EXCEPTED PARCEL (REC. NO. ▪ 1 I ' 6 THIS POINT �o o II rIig X 1044 I 0 N 0 NI IA M ID IN W 0 0 01 Co S89'28'36"E 662.22' EAST -EAST 1 h. 5 N, R 66 WITH 2 1/2" PLS 9644 1 1 COR. SEC. 35 TA. W, W, FOUND 3// 4" REBA ALUMINUM CAP, I I N NT LOCA GAS LLDIN EO BEYONDTE CONCRETE — SLAB X _ GATE 143.5' 12' X 36' METAL BUILDING / 1.6 EXCEPItU PANLLI. (REC. NO. 3397576) t^ \7 UP CA i0 J CIA / SW CDR. SEC. 36,T REBA N. ~R 66 [W, FOUND 3/4" WITH 2 1/2" ALUMINUM _, li,CAP, PLS 21607 CENTER -WEST T 5 N, R 66 WITH 2 1/2" PL1 38230 1 1318.89' --x 1218.11'(R) 400' X 400' DRILL WINDOW (REC. NO. 2 EXCEPTION // 25' PIPELINE EASEMENT (REC. NO. 2049046) EXCEPTION NO. 19 PARCEL I 62.24 Ac.+/ -3 -X _ 1/16 COI. SEC. 36, W, FOUND 3/4" REBA ALUMINUM CAP, -A FOUND MONUMENT LIES 0.73' SOUTH OF PROPERTY COR. GATE PORTION OF 800' X 800' OPERATIONS WINDOW (REC. NO. 2820926) EXCEPTION NO. 33 I • II L D PARCEL 4407999) •evi SOUTH BANK OF THE SOUTH PLATTE RIVER EXCEPTION NO. 40 & 41 51.02'(M) PIPELINE EASEMENT NO WIDTH SPECIFIED (REC. NO. 2016020) EXCEPTION NO. 45 PIPELINE EASEMENT NO WIDTH SPECIFIED (REC. NO. 2081012) EXCEPTION NO. 47 GATE GA g 09" , / O 5y16. )°14° �0 c . 00, �o >x .50 �- 6 / Cj OF .111 CO" `1 PROPOSED ENTRANCE EXISTING GRAVEL ROAD AND EASEMENT (REC. NO. 2516140) EXCEPTION NO. 25 (REC. NO. 2149567) EXCEPTION NO. 22 N88'28 06"E 1318.33 GA CENTER 1/4 COR. SECT 36, l T 5 N, R 66 W FOUND 2 1 /2`j PIPE WITH 3 1/4" ALUMINUM r CAP. PLS 19617 AS WITNESS fOR. 60.00' SOUTTH In N 4 m N 0 GATE 200 100 0 200 400 FULL SCALE: 1" = 200' HALF SCALE: 1" = 400' v� ai 0 Wai'tewater 1111Rt Tra11 'IL5N R66W ti 1 THIS PROJECT. non p`tus. n 1 VICINITY MAP SW 1/4, S36, T5N, R66W, 6th P.M. SHOWN VICINITY MAP TAKEN FROM USGS QUAD MAPS - LA SALLE, CO SCALE 1' = 2,000' 6 NOTES THIS PLAN IS INTENDED AS THE SITE PLAN FOR ASPHALT SPECIALTIES - EVANS, CO. ALL IMPROVEMENTS ARE PROPOSED UNLESS NOTED AS EXISTING. IT IS THE OWNER AND/OR THE CONTRACTOR'S RESPONSIBILITY TO ATTAIN ALL APPROPRIATE PERMITS AND REVIEW APPROVALS FROM THE STATE OF COLORADO AND TOWN OF KEENESBURG RESPECTIVELY. SEE COVER SHEET FOR BASIS OF BEARING & BENCHMARK. ANY REFERENCE TO EASEMENTS, SURVEY POINTS, OR EXISTING UTILITIES AND FEATURES ARE BASED SOLELY FROM SURVEY INFORMATION PROVIDED BY AMERICAN WEST LAND SURVEYING CO. - ALTA/NSPS LAND TITLE SURVEY, DATED JUNE 22, 2020. NOT ALL UNCC UTILITY LOCATES HAVE BEEN PERFORMED. IT IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY ALL UTILITIES ARE LOCATED AND SURVEY PROVIDED TO THE OWNER AND ENGINEER PRIOR TO CONSTRUCTION DRAWING RELEASE. SYMBOL LEGEND 45 DEG BEND 22.5 DEG BEND RESTRAINED PLUG RESTRAINED TEE WATER METER RESTRAINED CROSS FIRE HYDRANT RESTRAINED VALVE EXISTING CONC EXISTING ASPHALT 34 N • p. RD THRUST BLOCK TB GATE VALVE GV CURB STOP PIPE CROSSING MANHOLE MANHOLE W/ FLOW DIRECTION ROOF DRAIN ........................ PROPOSED GRAVEL PROPOSED CONC PROPOSED ASPHALT LINETYPE LEGEND W OHE - EL ..tar . air SA SS T SA W W GA FO T SA SS LOT / PROPERTY / SECTION LINE RIGHT OF WAY LINE EASEMENT SETBACK TO BE ABANDONED LOT LINE EXISTING BUILDING, CURB EDGE of ASPHALT or GRAVEL RD CHAINLINK FENCE WIRE FENCE POND WO W/S SWALE EXISTING OVERHEAD ELEC EXISTING ELECTRICAL LINE EXISTING STORM LINE EXISTING SANITARY LINE W EXISTING WATER LINE EXISTING GAS LINE EXISTING FIBER OPTIC LINE EXISTING TELEPHONE LINE WA WA _ WAS WAS GA GA _ EL EL _ T T PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED SANITARY LINE SANITARY SERVICE STORM LINE WATER LINE WATER SERVICE GAS LINE ELECTRIC LINE TELEPHONE LINE a 2 O WCQ' Q — 30 r tcnCC v~izz0 L H v agoLLI v Z 0 w 02 O�x� L4 'co' t • o 445, V w n w �8 0.4 PM V) Pmi `` CA U Dig Safely. CALL uNcc 1HREE Y/ORIONO DAYS BEFORE YOU DIG 1-800-922-1987 UTILITY NDTFICATION CENTER FOR REVIEW ONLY VAUD FOR CONSTRUCTION F SFK a ORION& &WRUR[ MME ON MOH Neil INITIAL PLAN RELEASE:17/03/71 DESIGNED BY: CFC DRAWN BY: CFC CHECKED BY: CFC PROJECT NO. 01-0326.004.00 DOC CON # 0003 -SITE SHEET 3 OF 4 Hello