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Home My WebLink About20201352.tiffClerk of the Weld County Bd. Of County Comm'rs P.O. Box 758 Greeley, CO 80632 Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley, CO 80632 St. Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 High Plains Library District 2650 W 29th Street Greeley, CO 80631 St. Vrain Valley School District 395 South Pratt Parkway Longmont, CO 80501 Dear Sir or Madam: acono a/4,4 April 27, 2020 Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, CO 80513 Town of Firestone Box 100 Firestone, CO 80520 RECEIVED APR 3 0 2020 WELD COUNTY COMMISSIONERS Mountain View Fire Protection District 3561 N. Stagecoach Rd., #200 Longmont, CO 80504 Town of Frederick PO Box 435 Frederick, CO 80530 Central Weld County Water District 2235 2nd Avenue Greeley, CO 80631 Carbon Valley Recreation District 701 5th Street Frederick, CO 80530 Enclosed please find notification for a proposed annexation to the City of Dacono, Colorado, to be known as the Dacono Annexation. The Public Hearing on the proposed annexation is scheduled for June 8, 2020 at 6:00 p.m., as described in the enclosed Resolution No. 20-30. Also enclosed are copies of the Petition for Annexation, the notice published April 17 and 24, and May 1 and 8, 2020 in the Daily Times -Call, and a vicinity map showing the location of the proposed annexation. cc: AJ Euckert, City Administrator Jennifer Krieger, Community Development Director Public Rev;eO 5/it/,2o CITY OF DACONO, COLORADO Valerie Taylor, City Clerk c c : 5 o (M3), PL(TP), GKK4J/hlt/Tp), IN,J(ER icti/s5/01,h5R(picis&) &L S(s&) 5 /05/2 2020-1352 RESOLUTION NO. 20-30 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE CITY OF DACONO, COLORADO, KNOWN AS THE DACONO STATION ANNEXATION TO THE CITY OF DACONO, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Dacono Station Annexation has been filed with the City Clerk of the City of Dacono, Colorado, and referred to the City Council for a determination of substantial compliance with applicable law; and WHEREAS, the City Council wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petitions; and WHEREAS, the City Council has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: Section 1. The petition, the legal description for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with C.R.S. §§ 31-12-104 and - 105 and Section 30 of Article II of the Colorado Constitution. Section 2. No election is required under C.R.S. § 31-12-107(2) or Article II, Section 30 of the Colorado Constitution. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g), -110(2) or -112, C.R.S. Section 4. The City Council will hold a public hearing for the purpose of determining if the proposed annexation complies with Section 30 of Article II of the Colorado Constitution and Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, on MondaviJune8, 2020 at 6:00 p.m. Such hearing will either be conducted at the Dacono City Hall at 512 Cherry Street, Dacono, Colorado 80514, or electronically in accordance adopted by Resolution of the City Council. If the hearing will be held as part of an electronic meeting, notice will be posted on the City's website at www.cityofdacono.com at least seventy-two (72) hours before the meeting with instructions regarding how interested persons may join and participate in the electronic hearing. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, and the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the City Council will set forth, by resolution, its findings and conclusions with reference to the eligibility ofthe proposed annexation, and whether 1 the constitutional and statutory requirements for the proposed annexation have been met, and will further determine the appropriate zoning of the subject property if requested in the petitions. Section 7. If the City Council concludes, by resolution, that all constitutional and statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the City Council may pass one or more ordinances annexing the subject property to the City of Dacono, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 13th da of April, 2020. Valerie Taylor City Clerk 4/612020 2:20 PM tkntk]R: DaaonolAnnmc.tion6Dacmq StetimVSubComp Ras doc 2 Joe Bak Mayor EXHIBIT A LEGAL DESCRIPTION PORTIONS OF THE SOUTH HALF OF SECTION 7 AND SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 NORTH, RANGE 67 WEST, OF THE 6TH PRINCIPAL MERIDIAN, AS MONUMENTED BY A 3/4 INC HEX IRON BAR WITH A 3-1/4 INCH ALUMINUM CAP STAMPED "PLS 38100 MCKROLA" AT THE SOUTHEAST CORNER OF SAID SECTION 7 AND A NO.7 REBAR WITH A 3-1/4 INCH ALUMINUM CAP STAMPED "PLS 29425" AT THE SOUTH QUARTER CORNER OF SAID SECTION 7 TO BEAR NORTH 89°36'59" WEST, BEING A GRID BEARING OF THE COLORADO STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NORTH AMERICAN DATUM 1983/2007, A DISTANCE OF 2632.96 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE NORTHEAST CORNER OF HINGLEY FARM ANNEXATION, RECORDED IN WELD COUNTY AT RECEPTION NO. 3160636, FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 7 LIES SOUTH 45'04'17" WEST A DISTANCE OF 42.20 FEET: THENCE ALONG THE NORTH LINE OF SAID HINGLEY FARM ANNEXATION BEING 30 FEET NORTH OF AND PARALLEL TO THE SOUTHERLY LINE OF SAID SECTION 7THE FOLLOWING TWO (2) COURSES; 1. NORTH 89°36'59" WEST A DISTANCE OF 2663.04 FEET; 2. NORTH 89°37'25" WEST A DISTANCE OF 2546.96 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 00"03'02" EAST ALONG THE WEST LINE OF SAID SECTION 7 A DISTANCE OF 2597.38 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 7; THENCE SOUTH 89°47'52" EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 7 EXTENDED A DISTANCE OF 5166.80 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 7; THENCE NORTH 89°45'58" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 15 AS GRANTED IN BOOK 86 AT PAGE 273 IN THE RECORDS OF WELD COUNTY; THENCE SOUTH 00°14'15" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 2613.86 FEET TO THE POINT OF BEGINNING; CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO DESCRIBED PARCEL CONTAINS 13,556,702 SQ. FT OR 311.22 ACRES MORE OR LESS. 3 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono of the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to be known as the Dacono Station Annexation to the City of Dacono. As part of this petition, your petitioners further state to the City Council that 1 It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Dacono. 2 The requirements of Sections 31-12-104 and 31-12-105, CRS., as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Dacono or will be contiguous with the City of Dacono within such time as required by Section 31-12-104. A community of interest exists between the area proposed to be annexed and the City of Dacono. The area proposed to be annexed is urban or will be urbanized in the near future. The area proposed to be annexed is integrated with or is capable of being integrated with the City of Dacono. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprises twenty acres or more, and which, together with the buildings and 2 improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. J• The territory proposed to be annexed is 320 acres in total area. k. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks , aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono. m. If required, an impact report will be prepared and filed pursuant to Section 31-12-108.5, C.R.S. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the 3 landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared by and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Dacono and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the City of Dacono, except for general property taxes of the City of Dacono, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is a Planned Unit Development. The petitioners agree that said annexed land shall be brought under the provisions of Chapter 16 of the Dacono Municipal Code within ninety (90) day from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the City of Dacono to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the City, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the City. 8. If required by the City, an annexation agreement has been or will be executed by the 4 petitioners herein and the City of Dacono relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 9. The petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the City, appear on the annexation map: a. Water rights shall be provided pursuant to City ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the City of Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: 5 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Dacono, Colorado, consisting of ` 2 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF WSJ )ss The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this O day of Mls, 202_0. Witness my hand and official seal. kJ'IA— Z.0,d My commission expires on: (SEAL) otary Public 5ot,v. Address l�L VI c_ ) (Ti) CHERYL L. COSTINEPT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164039714. MY COMMISSION EXPIRES OCT. :18,2020 Signore of Landowner/Petitioner Date of Signing Mailing Address of Landowner/Petitioner Are you a registered elector, resident landowner of the area proposed to be annexed (Yes or No) Are you a non-resident landowner of the area proposed to be annexed (Yes or No) See Fxubit_, attached hereto and incorporated into this petition by this reference; for the legal description of the land owner by this signer Yel"'""(A446a446 4 11 v9 Bi62 o (4 �ittl .."iti {?. •wee /1%7,444-#47C° , jo 2,5 4414010247 i"Col So:So! Addendum - Exhibit A the legal description of said property and to be known as the Dacono Station Annexation to the City of Dacono is the South % of Section 7, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado. Also know as Weld County Assessor's Parcel No. 146907400008. Fula Hake OF DAUM. ern oPon0 NHOT OF PIIOUC HEARMES oshoovrosDAC0140 PEArotore ARO MAW c taurosioN OH A PROPOSED RONNIE AND SUBITIVISION OFPROPERTY BcONETIfitirti COM= OF 710: CITY OFmow onA PRohosio AIMEMOri, ZONING •AND woonosiIXe OF POOPgRTY Hotta Is hereby given that the Pocono Planning and Zoning Commission will hold a Public Hearing commencing at ties Tuesday, may 12. 65th the purpose of the Public Hearing 15to eon- sider a request for zoning of property proposed to be annexed to the City and known as the Deism' Station Ane 5 rinn:to the City and a nal plat for the Decono Station Minor Subdivision. The Zon- ing requested Is R-1 Residentd District and Planned Unit Develmem. Such loo r-- t the Dacon0 Halll. 512 C Terry heat, hacono, Colorado 14 hearing will either be conducted aor electrenically to accordance with oliram Mooted by Resolution of the City CouncilIf the hearing will be held as part of an electronic meeting, notice will he posted on the City's washer at wwwcityeldacorro.com at teat seventy'twa (72) hours before the meeting with instructions r ardir gg how interested persons may loin participate in the ectronichearig. Doe Walker llgalas hold a PubliicHeearii gthat coov ienddtg hy Council °ppm the of 8,, 2020. The purpose of the Pubic Hearing. Is to deterrrdun whether certain property far which a petition for annotation has been fad with the city, to be known as the eaa rm Station Annexation to One City of Damao meets the applicable requirements of the-cons7itu- tion and statutes of the State of Colorado and is eligible for annexa- tion to the City, to determine the Initial zoning for the proposed-en- nexation,. anti to consider -a rustiest for approval of a final plat for the ResidentialDistrictDistrict Minoran, farmed Unit Dwill either be conducted al the Dfleano Cyyye City Development. zoning Srequuchh hearingsted Hall, 512 Cherry Street. Cacao os adopt o il tiesolnton poopnf{thCin sty t000nlf. if the heaarringth wl l tIlle CCitVnn-w lte at wednittye d(oceno' notice rteelaassttdtehe vvee�twon t72) hours terested persons nay fpn and pg a ticil o in theth ° elcctoeelc heating. needin Any cleric's matters teWunder consideration. ioi. Hearings hhe a.ppproelmute location of the property Is north of Weld County Road 10 between Weld County Road 03 (Colorado Boulevard) and Weld County Road TS The legal deecrlption of the property that is the subbed of the an - zoning, and subdivision request is shown in Exhibit A.of the Resolution set forth abeellolw. Copies of the map ettol plat, andraided�m t,. and annexationthe oreso:fiten inddiOn in Cablthe e an to petition is Colo and h'g the pubic earlat are en file and available for pa cmc upon request ctmaddee arty n til STn Cher 5 4 flea Cb totedthy erkat g Dated the 14111 day .AP - - CITYOF DACONO, COLORADO. . - Valerie Taylor - -_ city Clerk RESOMrytON ND. 20.3W.. ARESOLOTtOYa PWDta65t8S'fRiIT1A6 COMPLJANCEFORMIore NDRATICN prTINIO t FRED W7cH THE CITY OF RACOHO, COLORA- DO, MOWN AS THE DACONO $TASTONANNEXATWA TOTHE WIN OF DACONO, AND SETTR0G APlataC mum magma WHEREAS, -a petition for annexation of certain property to be known as the Dacono Station Aanexaton has been fled with the City Clerk of the City of Deane, Colarado, and referred to the city Council fora determination of substantial candle= -with amplity- bleluei the City Cana wishes to permit simultaneous con- sideration of the subject property for ermexation and zoning, If -re- quested in the petitions; and. to adepts ResolutionOkifindings l aireviewed egg tthe he abetitiban. desires NNDW. THEREFORE, DE IT MOLDED BY MEE envmum.OF THECtTf OFDACONO,-POI nsaPre rn €. The petition, . the legal description for which are zR- ta ed berets as Ethan A and incorporated herein by re are in Substantial compliance with CRS. §§31.12-104 and 405 - Section 30 of Article II office Colorado Consttuten. Ng election is recphiredcunder C.RS. S 31-12-107(2) gr a t, Section CO of the Colorado Constitution. p1i�� No additional terms ad-mneldon Bare t0 be lie- p�ew'ht�fiin-the meaning of Sections 31-12:10f(1)(g)r •110(2) or - 112, C.R.S_q, hearing for ur af-detofhe Cot C buncilroposwill ed ennpube coompl whhee 39 of Illicit 11 of the Colorado Conittuton and Sectons3l- 12104 and 31.12.105, C,R.S., and will bald a OohhRts c hearing to de3er- mine a na%Pmpr,uuteazonitfnq�&Nhe�s , , Suir requested ch hearirm will either he conducted qk the Dame « Hall: at 012 chefiy sweet. baton Colorado 80514, or elecmanical y In aecordance adopted by Resolution of the City Council. if the hearing will be held as part of an.electronic meeting nonce will he posted en the Chyo website at woos CHHYyooffdacano,cgpm at Nest seventy-two (72) Ramsbeforethe nxno-with'lnst 0t regartmg howl inter00ted persons may n n and participate Tn tirethe electroay aniicc hhearing.. hearing and relative to prPURIM momised nnexppear nt ation and me proposed zohigifrequested inthe pe►r. Peon wettopa- upon completion of the hearing, the City Council will set foak by resolution, its endings and conclusions with refer- ence to lea eligibility of the aroposee annexation, and whether the constitutional and statMWry Termagants for the progosedannexe-; ton have been met, and will further determine the apprapnate zoo. Inn of the subject property if requested lathe petitions. 7, If the City Council ednrn nrA. by resolution, that onal. end otatutr»y requirements have than met .and that the proposed annexation is proper under the Taws of the State of Colomde, the City COMM' may pass one or more ordlnonces. annexing the subject property to the City of bacons, and will Pass sire or mare ordinances zoning the subject property if requested In the petition. INTEODDCfD, ma®, aad - this 13th day of Aga, 005th lee Bakes Mayor ATTEST: City Cinch for ERHERT A Laos Disc:anima p011 1NS DE THE SOUTH HALF OF SECTION 7 AND Sourtmsr QUArmit OF SECTION S. TOWNSHIP 1 NORTH, RANGE 7 WEST OsSTATE E 6TH LO ADO, PAL MERIDIAN aria DACOND, COUNTY OF BASIS OF BEARING c THE SOUTH UFOLLOWS:EOFH � DE 6TH QUARTER YPOF BASIS OF TICULMI5: THE SOUTH OF THE 50tk1HEAS6 QUARTER OF SECTION T, TOWN00i 1 NORTH, RANGE 67WEST• IMERIDIAN. AS NCH AitaNettP C STAMPED "PCS 4W100 SAMNA" AT THE HEX IRON BAR WITH SOU N. EAST CORNER OF SAID SECTION 7 AMAMI 7 REDAA WITH A 3.1/4 INCH - - ALUMINMI CAP STAMPED "PLS 2%25" AT 89°3T E BOUT 1BEIQUA AA GRl DEAR• ARTER CORNER Of SAID SECTION T TO BEAR NORTH -655 gte OF.THECOt0pADO STATE PLANE COORDINATE SYSTEM, NORTH2ONE AANORTH ilDEAier5COeTAAmEDN RELATI�TNERETOANCE F REST - WITH RECORDED IN WELDNOWHERST OT' AT RECEPTER ION NO.31000F� FROM WHENCE T ESOUTHEAST CORNER OF SAID SECTION 7 UE5. SOUTH.45`0417" WEST A DISTANCE OF 4220 FEET. THENCE ALONG THE .NNORRATNHD PNEA W RALLEL to> FARM OF SAM SG 30 ECTION 7 T T100 NGTWO.(21COURSE5. S. NOFtTHEFOLCOWI 1. .NORTH 80'23 WEST A OF � TO A POINT ON 2. NORTHUNEOFTH WEST QUARTEWOF SAID SECTION T. MIMEWEST NORTH 9 5?" EASOUTHWEST' ALONG TTHE WEST LINE OF SAID tclSTAID A DISTANCE OF 255738 FEET TO THE WEST QUARTER THENCE SECTtON SAID S CTION37"AFD A DISTANCE OF 5166.80 FEET TO THE ELONG THE NORM UNE OF THE SOUTH AST OF RTE SECTION IttlO CE NORTH 68.45WOWER FSST A INSTANCE T N=ETSy SWAY FCOU RFETOADOI5 APOINT GP P� ETHE D IN BOOMS AT P055513IN THE RECORDSOF WELD COUNTY;. IIIIINIIMIONWOMWMMISMMtwo Pat&NOW I .Public Notice Public Ream THENCE SOUTH DS°ldla EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE ADVANCE OF2A13AOFEET TO THE POINT OF BEGINNING. CITY Of P50050. 0051111 OFWOLI) STATE -OF COLORADO DESCRIBED PARCEL CONTAINS 13,105.102 SQ. FT OR 3513250002 MOOS pc�ltshedi Longmartlimes Call AMR 17, 24,May 1,8.2020.1699935 ACONO STATION ANNEXATION )F A PORTION OF ; `I! SOUTH . HALF OF SECTION 7. AND THE SOU T QUARTER OF SECTION 8 TOWNSHIP Y NORTH, GE 67 WEST OF THE 6TH: P.M. CITY OF DACONO, COUNTY OF WELD, STATE OF COLD , VICINITY GRANDVIEW BLVD/WCR-12 DACONO STATION ANNEXATION nacono 6/444,, RECEIVED MAY 0 42020 COMMISSIONERS April 30, 2020 Weld County Board of Commissioners 1150 0 Street, PO Box 758 Greeley, Colorado 80632 RE: City of Dacono- Annexation Report Dacono Station Annexation Dear Weld County Board of Commissioners, Please find the enclosed Dacono Station Annexation Impact Report filed by the City of Dacono, Colorado. Sincerely, uckert ity Manager CITY OF DACONO 512 Cherry Street, PO Box 186, Dacono, CO 80514 I Phone 303.833.2317 I Fax 303.833.5528 I CityofDacono.com Dacono Station Annexation To the City of Dacono Weld County, Colorado I. Project Description The location of the proposed Dacono Station Annexation is shown on the Annexation Map (Attachment A). The annexation includes vacant land, a gas compressor station owned by Oxy Petroleum, and right-of-way in unincorporated Weld County containing 284.42 acres or 13,556,702 square feet more or less. In conjunction with the proposed annexation, the zoning for the subject property is anticipated to change from Weld County AG zoning to City of Dacono R-1 Residential District and Planned Unit Development. The City's current boundaries are shown in Attachment B. II. Municipal Services Municipal services for the Buddy/Ranger Annexation are anticipated to be provided by the following entities at the time of development of the property: Electricity United Power Fire Mountain View Fire Protection District Natural Gas Black Hills Energy Police Dacono Police Department Sewer St. Vrain Sanitation District Cable Century Link Water City of Dacono Financing for the extension of and/or the improvement of the municipal services will primarily be the responsibility of the property owner/developer or Title -32 Metropolitan District(s), through appropriate agreements and financing and completion guarantees. Additional funding for provision of municipal services provided by the City will be financed through impact fees, taxes, charges or special improvement districts, if necessary. III. Special Districts The area proposed to be annexed is currently within or will petition for inclusion into the following special districts as may be directed by the City: • Carbon Valley Parks and Recreation District • Northern Colorado Water Conservancy District Dacono Station Annexation Report 1 • Central Weld County Water District • Mountain View Fire Protection District • St. Vrain Sanitation District • Longmont Conservation District • High Plains Library • School District RE1J-Longmont (St. Vrain Valley School District) IV. School District Impact No development is currently planned for the area to be annexed. Annexation will not impact the school district. V. Annexation Agreement The City of Dacono and the applicant negotiated an Annexation Agreement in August 3, 2018 (Reception 4423351) and is attached as Exhibit C. VI. Attachments A. Annexation Map Annexation map B. Current City Boundary Current City boundary map C. Annexation Agreement Annexation Agreement Dacono Station Annexation Report 2 Attachment A Annexation Map Dacono Station Annexation Report 3 DACONO STATION ANNEXATION OF A PORTION OF THE SOUTH HALF OF SECTION 7 AND THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO OWNER'S APPROVAL; PROPRIETOR ALL MEN BY THESE PRESENTS NAT JOHNSON FARMS, LIP. A COLORADO UNITED LANNY PARTNERSHIP, BEING THE SOLE OWNER AND Of THE FOLLOWING DESCRIBED LAND. WITH THE EXCEPTION OF DEDICATED RIGHTS Of WAY, TO W1: PORTIONS OF THE SCUM HALF OF SECTION 7 AND SOLOT QUARTER OF SECTION B, TOWNSHIP I NORTH, RANGE R] WEST UNE 61H PRINCIPAL MERIDIAN, CITY OF ORONO, COUNTY OF WELD, STATE OF 00101000, MORE PARTICULARLY DESCRIBED AS FOLIC. BASIS Of BEARINGS: THE TN LINE O THE SOUTHEAST OMRiER O SECTION ], CDNTEE NORTH. RANCE 67 WEST. OF THE 6TH PRINCIPAL MCRIOA.N, AS MONUMENT.", BY A 3/4 INCH HEX IRON BAR WITH A }I/9 IN[H AWY N M CAP MAMPE0 TL5 lBI00 MCXROA' Ai E SEAN CORM CORNER O SAID SEC1ON 7. A NO REBAR WIN A 5-1/9 NCH EAFOOD GP SIAYPW 'PLR 9915' Al ME SOBIH VAR CORNER AF SAIA SECTAN 7 10 REAR NORTH 60'36'59' WEST, BENG A 0%D BEARING O THE LOOIADC 5101 PLATS :0 NCTAAIE S OEM, NORTH lOIE, NoNTH AMERICAN DATUM 1963/1007. A DISTANCE OF 183096 IFFI WON N1 BEARINGS CONTAINED REN RELATIVE THERETO. BEGINNING AT THE NORTHEAST CORNER OF MILLET FARM AN L050H0N, REGORGED IN WED COUNTY AT RECEPTION NO. 31606!6. ERIN WHENCE lH( SDUIESASI CORNER OF 5,9E ACTION 7 BEARS SOUTH 4551'17 WEST A DISTANCE OF 4020 FEET: TRICE ALONG THE NORTH LINE OF SAO HINGE' FAR" ANNEXATION BEING 3D EMT NORTH O AND PARALLEL 10 111E SOUTHERLY UNE OF SAID SEC TION F THE F00LOWNG TWO (2) WURSE5: I. NORTH 69'36'59' WEST A DISTANCE OF 266104 FEET: 2, NORTH 00'37'25' WEST A DISTANCE OF 2595.06 FEET 1O A POINT ON THE WEST NNE O THE SOUTHWEST (WARIER OF SATO SECTION 7; TIIENCE NORTH CDT3b1' EAST ALONG SAID WEST LINE A DISTANCE OE 2597.00 FEET 10 111E WEST WART:R CORNER OF 5A15 ACTON 7; NONCE SOUTH 59'1]'5Y EASE ALONG NE NORTH UNE OF THE SOUTH HALF OF SAID SECTION 7 A DISTANCE O 5166.00 FEET 10 THE EAST DARTER CORNER OF SAE SECTION 7: THENCE NORTH BMISSICEAST A DISTANCE OF 30.00 FEET TO A PONT 014 THE MDT, RIGR—CF-005 LOIA Dr COLD COUNTY ROAD IS R 0WNIL0 IN BOOK BD AT PAGE113 IN THE RECORDS O WELD COUNTT HENCE SOUTH MIMS' EASE ALONG SAID EASTERLY RIGHT—OF—WAY UAL A DISTANCE O 261366 FEET TO TIT POINT O BFONNNG: CITY OF DAC0N0. COUNTY OF WELD. STATE O COLORADO DESCRIBED PARCEL CONTAINS 10,556.102 SO R OR 311.21 ACRES MORE OR LESS HAVE CAUSED THE ENDED DESCRIBED TRACT OF LAND TO OE ANNEXED UNDER THE NAME O RECONO STATION ANNEXATION. OWNER: JOHNSON FARMS, LIP. dY: SUSAN J. IROUDt, MANAGING PARTNER TIED STATE O COLORADO ) ss COUNTY OF BOULDER ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ OAT O BY SUSAN 1 TROUDT AS MANAGING PRUNER O JOHNSON FARM% LIP. 31NE55 MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY MOMS. EXPIRES: FARM. LLP. MOMS: IP gI CORE. LAROIANI W 801 MONS: 720-915.6876 20 VICINITY MAP STALL: 1' a 4000 PERIMETER SUMMARY' 1161604' ANNEYATW BOUNDARY PERIMETER 2.60301' REQUIRED CONTINUITY (1/6 O PRIMMER) 221.).!9' NOSING CONIIOUWS QTY BOUNDARY 1:300 RATIO GENERAL NOTES: I. DEFINITION: CERTIFY, CERTIFICATION - A PROFESSIONAL'S OPINION BASED ON HIS DR HER OBSERVATION O CONDITIONS, KNOWLEDGE, INFORMATION AND BELIEFS. It IS EXPRESSLY UNDERSTOOD THAI THE PROFESSIONAL'S CERTIFICATION OF A CONDITION'S EXISTENCE RELIEVES NO OWNER PARTY O ANY RESPONSIBILITY OR OBLIGATION HE OR SHE HAS ACCEPTED BY CONTRACT OR CUSTOM 7. DIIS EXHIBIT DOES NOT REPRESENT A MONUMENTD LAND SURVEY, IT IS INTENDED ONLY TO DEPICT THE ATTACHED LEGAL DESCRIPTION. 3 MS ANNEXATION MAP WAS PREPARED BY AARON ALAN DEMO. PLS 3829% FOR AND ON BEHALF OF BASELINE CORPORATION, 9001 S LINCOLN AVE. MIMI 405, LOVELAND. CO. 80537. 55100005 W 105 PLAT ARE EXPRESSED IN US SURVEY MET MO ECWALS THEREOF. A U6 SURVEY FOOT IS CETINED A5 EXACTLY 12C0/3937 METERS. S THIS VERIFYNEXATION TMDES DOES , WREN PRTUTE E COMPATIBILITY OE SEARCH BY AL11INDS ENGINEERING . ITMDETERMINEADJA TRACTS, OR VE110 EASEMENTS O RECORD. FOR All INFORMATION REGARDING EASEMENT% RIGHT-OF-WAY OR TILE O RECORD, BPSELINE ENGNEE0NG CORP. RE11CO UPON TIDE ORDER NO [0025164510. PREPARED BY 010 REPUBLIC NATONAE TOE INSURANCE COMPANY. DATED APRIL 00 2019 AT 5:00 P.N. 6. NO0CE ACCORDING 10 COLORADO LAW MU MOST COMMENCE ANY LEGAL ACTON BASED UPON ANY DEFECT IN THIS SURVEY MTNW CONMENCEO MEAT THENUIENRST TF RSCOVER SUCH FROM T9 DAIFEOF THE CD[RTFICAT04 4101100 HEREON.SEO UPON ANY DEFECT IN INS SURVEY BE SURVEYOR'S STATEMENT AA.RO9 ALAN DfNO, CCRIIFY MAi 1115 ANNEXATION MAP ACLURArtLY REPRESEYI5 180 PROPERTY PROPOA0 FOR ANNEXATION RO AI LEAST ONE -OATH OF IHE ROIN5RY IS CWIIOUOU5 10 IHE PREANI BOUNN0TE5 OF THE CITY O CAC000, C00NIY O MELD. sTAT o- mmRAoo. ARAN ,MAN 0100, Ply FORANDO NCENSED PRFESSDNAL LAIN SURVEYOR SD COONS AND ON BEHALF O BASELINE CORPORATION CITY COUNCIL APPROVAL 11115 15 10COMFY THAT DACONO STATION ANNEXATION WAS APPROVED ON THE DAY OE 202 BY 0 NCE ND. AND THAI THE MAYOR OF THE CITY O 000000. HEREBY ACKNOWLEDGES SAID ANNEXATION UPON WHICH THIS CERTIFICATE IS ENO. FOR ALL PURPOSED INDICATED THEREON. PMFDR Ott CLEM PER L.R.S. 13-1.-10% YOU MUST COMMENCE ANY LEGAL ACTON BASED UPON ANY DEFECT IN INNS SURVEY WTHIN THREE YEARS ALTER YOU FIRSI DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DAZE OE THE CERTFAATON SON HEREON, 0(5410E ENGINEERING CORP. AND/OR THE SURVEYOR OF RECORD SHALL N01 BE LIABLE FOR MORE THAN THE COST OF THIS SURVEY AND 1000 ONLY TO THE CLIENT SPECIFICALLY SHOWN HEREON OR IN OUR FEE BY SIGVE0 AUTHORIZATION, ACCEPTANCE AND/OR USE OF 1915 INSTRUMENT FOR ANY PURPWE CONSTITUTES 0000EMEN1 BY 1HE CLIENT TO AN TERMS STATED HEREON. W O: z" MINIM a pi C 3 so I 8 6 8 i DACONO STATION ANNEXATON M.14 amoto 03/M/ZOIR N,ANDSIN 6607874 DACONO STATION ANNEXATION OF A PORTION OF THE SOUTH HALF OF SECTION 7 AND THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. CITY OF DACONO, COUNTY OF WELD, STATE OF COLORADO PARCEL ILu IVu7 _I puo]I PL.WG r,';Rk CORP P,V«R NU 19o71:9U0WT ED ANNEXED TO THE / -- 10510OOF EA11CONO PER/ DECC ND 0206166 W.1/4 CORNER E.C. 7, TIN, 0670 FOUND I.N. 6 REBAR WITH I-1/4' ALUMINUM CAP STAMPED 'PLS 36106 DIVA. SD' NHP-MCCEE RIGHT OF WAY rREC ND. 9802]52 80' RIGHT-OF-WAY PER ACCEPTED ROAD NEKR'S REPORT j, RECORDED 4/18/1889/IN 00DX 98 AT PACE 109 I —J6E WELD COUNTY FDEDROAD ISO NO. 3 WAY OE 350612 pp�ER OM OF DEDICATION REC 110. 350M10 k 3506124 of C uNU IFINDLTRIES'ORP 1 PAR. NH .V6]I:411H01: i y'' 1 b__1_ _ _i_ 0' PANHADLE EASTERN EASEMENT KC NO. 1]]3945 IN BOOR 850 1 / T ▪ 1 uR4 PARCEL DLL I4F>,..011 / SHOP OU 00 ---,,a(//1/277//z/-1/2/7, �J'ff TALL MP RAO MARCO I.11. MOO IEo0M19. 50PANIIAOLE EASTERN EASEMENT_ __- _ _ _ REC NO. 1772445 IN B. 850 plOS-MCP,PI OIL M GAS UNEHURE LF SAM°. Hu H Nu71D0005 C. I/O CORNERNOTHING FOUND N OR SET_ l 6 S 69'47'52' E 5166.80' --_ 0. OF RIGHT-OF-WAY 42180 °F.OIOA1f.D 9Y 10 ELECTRIC EASEMENT - SEPARATE OOCUMCNi- fEEC ND, 104686 N 897/25' W 2546.96'_ DACONO STATION ANNEXATION 13,556,702 50. FT CM 311.22 ACRES 30' AMACO RIGHT OF WAY DEC N0. 1752460 111 80011 060 �/ E, 1/4 CORA440 SEC. 7, 014. 0875 E NO ND. 6 MBAfl YATH M !UM CAP � 15tAMPINC LLEWBIL ,,N 89'45'58' E 30.00' i RIGHT-OF-WAY lO BE L OHICAIEO BY SEPARATE OpCUMENi� 1i I 30' SADDLE BUTTE ROCKIES MIDSTREAM, EASEMENT REG N0. 435]IOB /SITE LEASE AGREEMENT/ / REG ND. 4408913 DI AND GAS IPPARAIU5� 50. K.-MCGEE RIGHT OF WAY 100' NERR-M[C(0 rREC 1,1_0_4124_619. - RICI{T pG WAY (AMHO[0) \ 5 APPARAT /r }L 45454Jfi -------- -----_____ 1811551 ____ //// L 5O P E RICNi OF WAY ------'--- ---�--F}--- I IOC 110O.. 1 181014560 k J803]J2 --" ' - 1j 'Li, 50' PANHANDLE EASEMENT 7REC NO. 1945057 1N BOWL 1011 --- _ - / E p 454 455 N'PARAIN5 50' PANT{POLE EASTERN EASEMENT * .�rREC AN 1693413 IN ROOK S77 E SW COPNER S[C. ], TN, R6]W FWNO Nfi NEBAR W11H 3-1/4' ALUMINUM CAP RCLUrRffF L' STAMPED "PIES 16406' PAP r 4.HfiPOunll ///'////////,1/ 16.7.22 W� 5>. S•//Y///%///7 // 30' ANACO RIGHT W WAY GRAPHIC SCALE oo 900 H ti 1-- I (W FEET) 1 INCH = 3W FT REC NO. 1782960 IN BOON 060 WELD COUNTY ROAD 60 BRIO] CREEK LEA PnF[EI lu VG010. 000CA LEGEND ANNEXATION BOUNDARY RIGHT-OF-WAY UNE ///////////. EXISTING C. BOUNDARY ALIQUOT LIRE COOT LINE BOUNDARY ALIQUOT CORNER AS DESCRIBED EXISTING HELL ?EIIMETER SUMMARY 15,51509' ANNEXATION BOUNDARY PERIMETER 803.01' REQUIRED CONTIGUITY (I/O OF PERIMETER) 'RIEXISTING CONIMUOUS CITY BOUNDARY 1;3.00RAW _ II 11_ D• NERR-AICCEE RIGHT W WAvy I� ]0 ROC N0. 4V44BOJ -I._ ___ _ _ — 11 693659 W 2663.04' �J /// ////hL/ � fh/ff�f/7Yffh//555 7'///75/75/4%/i`f4L/- a 6 y Yf/`f/5551i/4//5%V iWND 27 77,14 W1iN N, R6RY JO'J -- g w r 0021'10 00 1 0 004101 �r C -I/4 ALUMINUM ANNEXE° TO THE TOWN OF 040040 'PIS 2 29425' co -PER WHOLLY FARMS 404400004 SIANPED REG NO. 3160636 5 LINE OF THE SE 1/4 SEC. 7, 1111, 0570 5111 PM BASIS Of REARMS SECOINER EC. 7, TIN, 0675 Lt' L En FOUND 5/4' HEX IRON BAR 011TH BglUll DIEM. PARCEL NO 1404 IOpp11 3-I/4' ALUMINUM OAP STAMPED TES 381D0 ',CITROEN. I 45IS4YY w- HAPIYI INU tVfi9t Y3tUDn95 044 AARON 0 41110. 0F FOR OAND OON CBEHALF P009P�OUASELINEL.PCRATION LAND WIVE. ND. 36185 NOM SOS ElM0T DOES NOT REPRESENT A 00646474105 LAND SURVEY, R IS VOIDED WILY TO DEPICT THE ATTACHED 1£GAL DESCRIPRON. C 3 0 R1 00 41 S 0 U ,C7 DACONO STATON ANNEXA-DON 4440 R.Anw 40/0/4016 4005. 01/0/4016 COMMA SKR 2 Attachment B Current Municipal Boundary Dacono Station Annexation Report 4 DACONO GATEWAY CENTRE SILVER PEAKS --t, l i j WILMAR If . pSUBDIVISION 1 1 • n I ( ssslal\sseai'mm6Tq essulrHelssss Qsmssw: \ COMO 1 :M.1 .tea. " r FN N E XAT1N j=as a .. • I GRAND VIEW . 1�t BLVD r WCR 12 , GRADER BLVD. WCR 10 SUMMITBL 1 I Maw NaNa•so I Ilal Mill 11111 H2:.k r rq nun 'mg Si.'.- . tit-• � `„ \II INta IR I a.1 :3 v„ ■I' 11111 11!1 �. -111\ Yr'.11 •� ^ 4u 4.. /nit sum -1:: c aas. till' i nr; la 11111 it: Q.r . iamb; 11N1 :fn.))) un A; CITY MESA - CENT RIDCEGRAND DIVIDE / BUSINESS PARK THE GLENS! OF DACONO • H r' II . AUT'J'J "ALLEY LEGACY RANCH 1t I PUD Tit ----•- -•—••—,+ a ''•am�� BUDDY-RANGER ANNEXATION ii • • �w STONEBt ER _af = SUBDIVISION ▪ - Slsl` • 1 I▪ • I I! I' MILLER f1 RANCH II 9 as ( r \male!®1l aer ramr } I 1 t ) 26::="1 EAGLE MEADOW I LITTLE DRY CREEK SUBDIVISION 1 V • I;/ rr r I I ism Q:=:same!=:1sa DACONO ESTATES i escea tt=s:=:t::a:2=sass::ems::=::_! -=J sleets ?alallsuesnslsaklamulluas! S BRIDLE CREEK DACONO HILLS rE. j IMI MOTOR Cc 1.1 SPORTS I�.1 !i - o MOUNTAIN - - aaasailr lrarelaimsisrlrlstarI I VIEW ESTATES Agawam II i! •1 •I I. I 'I I. 1•--_..-•--••--•----- -----.. HOLLY" VISTA: ANNEXATION DEER TRAILS I amp eQ=Q:.^22=::=amsr::mu\! CORADO BLVD I 'salsa la - I I, I u a N K / IL! fi M amiss::x=s:s=::=aQ>i1 • te 1, Ii DISTANT j THUNDER • •$nosafi\smalasosm=r. to Y II sA Cr Dacono ZONING MAP Updated January, 2020 'allPlanning Area .dist Lamj Dacono City Limit Parcels Districts A - Agriculture RR -1 - Rural Residential R-1 - Residential R-2 - Residential C-1 - Commercial C -R - Commercial Residential COS - Civic and Open Space I-1 - Industrial MH - Pre -Manufactured Housing PUD - Planned Unit Development Overlay Districts PUD 1 0.5 1 1.5 Miles Attachment C Annexation Agreement Dacono Station Annexation Report 5 4423351 08/15/2018 12:29 PM Total Pages: 8 Rec Fee: $48.00 Carly Koppes - Clerk and Recorder, Weld County, CO ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 3 day of .Y�Icu At. . 2018, by and between JOHNSON FARMS, LLP, a Colorado limited liability partnership whose address is 16 Sunset Circle, Longmont, CO 80501, hereinafter referred to as "Owner," and the CITY OF DACONO, a municipal corporation of the State of Colorado, hereinafter referred to as "Dacono" or "City". WITNESSETH: WHEREAS, Owner is the owner of certain real property located in Weld County, Colorado, more particularly described and depicted on Exhibit "A" attached hereto and incorporated herein by reference (such property is hereinafter referred to as "the Property"); and WHEREAS, the Property is located within the urban growth area of the City; and WHEREAS, Owner has submitted to Weld County an application for approval of a permit to develop a compressor station to be located on the Property, which application was approved under Weld County Case No. USR 18-0002; and WHEREAS, following construction of the compressor station, Owner desires to annex the Property to the City; and WHEREAS, the parties by this agreement desire to set forth their understanding with respect to annexation of the Property to the City; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINA} 1LR SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement. 2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions with respect to 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 any and all requirements concerning annexation and development contained in the City of Dacono Municipal Code, development regulations, and Comprehensive Plan, and the Municipal Annexation Act of 1965, as amended, C.R.S. §31-12-101 et semc . This Agreement shall not be construed to preclude further agreements concerning annexation of the Property to the City or the provision or financing of municipal services to the Property. 3. Term. It is the express intent of the parties that this Agreement is coterminous with the estate of the Owner and its successors and assigns in the Property. 4. Owner's Weld County Application: Future Regulations: Maintenance of Facilities. A. During the term of this Agreement, and provided Owner is not in breach of this Agreement, and notwithstanding any other provision of this Agreement: (i) neither the City, its Manager, nor any subsidiary boards, acting in their official capacities, shall, without prior written consent from the Owner, oppose Owner's application to Weld County pursuant to Weld County Case No. 18-0002. B. Following annexation, the City reserves the right in the future to enact and apply prospectively regulations that are general in nature and that are applicable to all commercial and industrial operations in the City, even though such regulations may be more 4423351 08/15/2018 12:29 PM Page 2 of 8 or less stringent than the standards applicable at the time the Weld County application was approved, provided that such regulations are not preempted by state law. Nothing in this Agreement affects the City's ability to in the future impose a transportation impact fee on the Owner, to the extent that such fees are applicable to all commercial transportation originating or terminating in the City. C. As long as the Owner is in compliance with this Agreement, the Owner may maintain, repair, workover, and replace those facilities installed and existing at the time of annexation of the Property to the City, including but not limited to replacement of equipment to increase throughput, operating efficiencies, and increased compliance with environmental and noise mitigation requirements, all subject to federal, state and local permitting requirements. 5. Annexation. Owner shall apply for and consent to the annexation of the Property to the City when requested in writing by the City Council, so long as the Property is eligible for annexation to the City. The Owner will also sign an annexation petition, or a petition for annexation election, when requested by the City Council, and will vote for annexation to the City if an annexation election relating to the Property is held. The City agrees it will not make any request to Owner under this Paragraph until the compressor station to be located on the Property pursuant to Weld County Case No. USR 18-0002 has been constructed, unless sooner permitted pursuant to Paragraph 6. 6. Zoning and Land Use Applications. Owner shall, at the time it petitions to the City for annexation, apply for concurrent zoning and subdivision of the Property by the City, and shall request the Property on which the compression station is located be zoned Planned Unit Development and the remainder of the Property be zoned low density residential. Owner shall take all action necessary to permit zoning by the City of the annexed Property within the time prescribed by state statutes. Due to the location of the site, and the lack of readily -available water at the time of execution of this agreement, the Owner shall not be required to install landscaping in connection with the compressor site facility, but will instead install a decorate wall around the facility. For any future development of the Property, the City's landscaping requirements will apply unless waived by the City. 7. Property to be Annexed. Zoned and Subdivided. The property the Owner shall annex to the City pursuant to this Agreement and request be zoned is the Property described on Exhibit A, attached hereto and incorporated herein by reference, or such portion thereof as the City may request. To facilitate any requested annexation of a portion of the Property, Owner hereby consents to the division of the Property for annexation purposes only, to the extent such consent is required by C.R.S. §31-12-105(1). Owner shall execute additional evidence of such consent upon request by the City. 8. Dedications. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the City easements and rights -of -way for streets and other public ways and for other public purposes, pursuant to and as required by City ordinances and resolutions. Such dedications shall occur promptly upon request of the City except that internal rights -of -way shall be dedicated at the time of subdivision platting, unless the City specifies another time. 9. Public Improvements. Owner agrees to design, construct and convey, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with City ordinances and resolutions and other applicable standards, subject to any reimbursement which may be provided for in such ordinances, resolutions, and standards, and to make such other improvements as required by City ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by the City, to dedicate to the City any or all other required improvements. Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the Property. 2 4423351 08/15/2018 12:29 PM Page 3 of 8 10. Improvement Districts. If requested by Dacono, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Dacono for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the City Clerk of Dacono as Owner's attorney -in -fact for the purpose of executing all documents determined by Dacono to be necessary for such inclusion. If requested by Owner, Dacono agrees to consider the establishment of one or more special improvement districts or other mechanisms for making such improvements. If requested by Dacono, Owner agrees to petition for inclusion of the property into any special district capable of providing services not provided by Dacono, and Owner hereby appoints the City Clerk of Dacono as Owner's attorney -in -fact for the purpose of executing all documents determined by Dacono to be necessary for such inclusion. 11. Municipal Services. Dacono agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the City which services include, but are not limited to, police protection and water service. If appropriate: Owner acknowledges that City water service has not been extended to the Property as of the date of this Agreement, and Owner agrees that water service to the Property shall be obtained from and provided by the City subject to all ordinances, resolutions, rules, regulations, agreements and policies governing such use, as in effect from time to time, unless otherwise agreed by the City. Owner acknowledges that City services do not include, as of the date of the execution of this Agreement, sanitary sewer, fire, or park and recreation services, but the property is presently included within the boundaries of and is entitled to receive such services from special districts providing such services. 12. Water Rights. Owner, as a prerequisite to annexation, agrees to furnish and deliver ownership to the City the minimum water rights at such time and in such manner as required by the ordinances, resolutions and policies of the City. 13. Owners Association. Upon the request of the City, or if otherwise required by state law, Owner shall organise an appropriate owners' association or associations for given parcels and/or unit types within the development of the Property. Owner shall form any such association(s) pursuant to the Colorado Common Interest Ownership Act (the "Act"), C.R.S. § 38-33.3-101, et sue. The Owner shall also execute and record covenants and instruments of conveyance that comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas, private facilities, and public or private open space. At least ten (10) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the City for review and comment. It is anticipated that ownership and/or maintenance responsibilities for certain common elements (such as, by way of example and not limitation, entry features, park or recreational tracks, and drainage facilities) may be assigned to such associations, and that such arrangement will be as determined at the time of subdivision or final development plan approval for given parcels and/or unit types within the development of the Property. 14. Special District Inclusion. As a condition of annexation, Owner shall apply for inclusion of the Property within the Northern Colorado Water Conservancy District, the Central Weld County Water District, the applicable sanitation district, the Carbon Valley Recreation District (if the Property is not yet within one or more of these districts), and any other special districts as determined by and immediately upon the request of the City. 15. Special District Exclusion. As a condition of annexation, Owner shall petition for exclusion of the Property from any special districts as determined by the City. 16. Failure to Annex: Appointment of Attorney -in -Fact. In the event Owner fails to annex the Property to the City as required by this Agreement, the City may, at is sole option and 3 4423351 08/15/2018 12:29 PM Page 4 of 8 without otherwise limiting its legal rights, bring an action at law or equity, including an action for specific performance, to enforce Owner's obligations hereunder. Further, Owner, for themselves, their successors, transferees, heirs, and assigns hereby irrevocably appoints the City Manager of Dacono as Owner's lawful attorney -in -fact for the purpose of signing any annexation petition or petition for annexation election, for voting in any annexation election, and for executing any and all other documents determined by the City to be necessary for annexation of the Property to the City. The City Manager shall exercise the powers under this appointment only upon written request of the City Council, and only if the Owner and/or its successors, transferees, heirs and assigns have not signed a petition for annexation within thirty (30) days after receipt of a written request made pursuant to Paragraph 3. This power of attorney is granted and intended to be valid for the longest period of time permitted by state statute, currently five years pursuant to C.R.S. § 31-12-107(8). In the event the state statute is amended to shorten the validity of this power of attorney to a period of less than five years, the City may exercise this power of attorney at any time prior to the expiration of the validity thereof, even if within the waiting period set forth in Paragraph 3. 17. Obligations Enforceable. The parties agree that this Agreement, pursuant to C.R.S. §31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs, and assigns to annex the Property to the City under the terms hereof. 18. Annexation Documents. When requested by the City, Owner shall provide at its expense a legal description, annexation petition, annexation maps, surveys, newspaper publications, and other reports and documents determined by Dacono to be necessary to accomplish the annexation of the Property to the City. Dacono shall prepare the annexation impact report. 19. Legislative Discretion. The Owner acknowledges that annexation and zoning of the Property is subject to the legislative discretion of the City Council of the City of Dacono. Nothing in this Agreement is intended or shall be construed to require the City to annex the Property or to initiate any annexation proceedings relating to the Property. If, in the exercise of its legislative discretion by the City Council or through the exercise of the powers of initiative or referendum, any action with respect to the property herein contemplated is not taken, then the sole and exclusive right of Owner with respect to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the City in accordance with state law, as may be appropriate. 20. No Other Annexation. Under no circumstances shall the Property be annexed to another municipality without the prior written permission of the City Council, which may be granted or denied in the sole and absolute discretion of the City. 21. Covenants to Run with Land/Binding Effect. This Agreement and all covenants herein touch and concern the real property described in Exhibit A and shall be covenants running with the land. This Agreement shall be binding upon and inure to the benefit of the Owner and the City, and their respective heirs, transferees, successors, and assigns. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. 22. 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. 23. 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. 4 4423351 08/15/2018 12:29 PM Page 5 of 8 24. Future Cooperation. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 25. 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 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 subject to the amendment unless otherwise specified in the amendment. 26. Entire Agreement. This Agreement embodies the entire agreement of the parties. There are no promises, terms, or obligations other than those contained herein, and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 27. No Third Party Beneficiaries. This Agreement does not confer any enforceable rights or remedies upon any person other the parties hereto or their successors and assigns. 28. No Joint Venture. It is the parties' express intent that neither this Agreement nor any course of conduct or course of performance hereunder constitutes or may be construed to constitute or create a joint venture, partnership, or any other similar arrangement between the parties. 29. Disputes. Upon a party's delivery of notice of a dispute arising under this Agreement, the parties shall negotiate for a period of thirty (30) days prior to initiating any formal legal action regarding such dispute. 30. No Waiver. A waiver by either party of any one or more provisions herein, or of any defaults by the other party, does not operate as a waiver of such provision or provisions in the future, or of any default or defaults in the future, whether of a like or of a different character. No course of performance by a party or the parties may constitute a waiver. 31. Owner. As used in this Agreement, the term "Owner" shall include any of the heirs, successors, transferees or assigns of Owner, which include, but are not specifically limited to, owners of individual lots within the proposed subdivision of the Property. 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. 32. 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 City ordinance, resolution, regulation, or policy, and the parties agree such amendments or revisions shall be binding upon Owner. 33. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or 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. 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: City of Dacono 512 Cherry Street P.O. Box 186 Dacono, CO 80514 5 4423351 08/15/2018 12:29 PM Page 6 of 8 With copy to: Notice to Owner: Light Kelly, P.C. 101 University Boulevard, Suite 210 Denver, CO 80206 Susan J. Troudt 16 Sunset Cir. Longmont, CO 80501 34. 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. Each party waives to the full extent allowed under law its right to a trial by jury respecting any matter arising from this Agreement. 35. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. ATTEST: V. erie aylor, ' Clerk STATE OF COLORADO COUNTY OF i 4 CITY OF DACONO By: ACKNOWLEDGEMENT ) ss The above and foregoing signature of Ope.�►/ as �p�(jµ�p was subscribed and sworn to before me this , 2018. Witness my hand and official seal. My commission expires on: 6 V L TAYLOR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20041031306 My tnvmission Espkes Sept 2, 2020 4423351 08/15/2018 12:29 PM Page 7 of 8 OWNER: JOHNSON FARMS, LLP a Colorado limited liability partnership By: , G4„ 52_401. Susan J. Troudt, Partner ACKNOWLEDGEMENT STATE OF COLORADO ) ) ss COUNTY OFX 6. The above and foregoing signature of Susan J. Troudt as � Partner of Johnson Farms, 3 LLP was subscribed and sworn to before me this day of 4- 2018. Witness my hand and official seal. My commission expires on: r31 l %oZcD . 7 ASHLY GLANDON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 0 20084008812 MY COMMISSION EXPIRES MARCH 71.2020 Kerr-McGee Gathering LLC 108918th Street, Suite 1800 Dena; CO 80602 4423351 08/15/2018 12:29 PM Page 8 of 8 EXHIBIT A Legal Description The South 1/2 of Section 7, Township 1 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado. Also known as Weld County Assessor's Parcel No. 146907400008. 8 Hello