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HomeMy WebLinkAbout2006-2009ORDINANCE NO. I 1 � AN EMERGENCY ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE TO THE WELD LIBRARY FINANCE CORPORATION OF A 6.07-ACRE LIBRARY SITE DESCRIBED AS LOT 1, FIRESTONE CENTRAL PARK FIRST FILING MINOR SUBDIVISION WHEREAS, the Town of Firestone leases and will. be acquiring from the Firestone Finance Authority ("FFA") certain real property legally described as Lot 1, Firestone Central Park First Filing Minor Subdivision, a subdivision of a part of the Town of Firestone, County of Weld, State of Colorado, which Lot 1 is alternatively described as set forth on Exhibit A hereto (hereinafter "the Property"); and WHEREAS, the Weld Library District ("District") has requested conveyance of the Property to the Weld Library Finance Corporation in order to facilitate the construction by the District of a public library building; and WHEREAS, the Board of Trustees has determined that conveyance of the Property to the Weld Library Finance Corporation, upon acquisition thereof by the Town, will serve the purpose for which the Property is being acquired by the Town, and that the Property is not being used or held, and will not be used or held, for park purposes or any other governmental purpose of the Town; and WHEREAS, pursuant C.R.S. section 31-15-713, the Board of Trustees desires to authorize the sale and conveyance of the Property to the Weld Library Finance Corporation upon the terms and conditions set forth herein; and - WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its citizens to sell and convey the Property upon the terms and conditions set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section i , The Board of Trusteed hereby approves the sale and conveyance from the Town of Firestone to the Weld Library Finance Corporation ("WLFC") of that certain real property legally described as Lot 1, Firestone Central Park First Filing Minor Subdivision, a subdivision of a part of the Town of Firestone, County of Weld, State of Colorado, which Lot 1 is alternatively described as set forth on Exhibit A hereto (hereinafter "the Property"). Section 2. Such sale and conveyance of the Property from the Town to the WLFC shall be for no monetary consideration and the Property shall be conveyed by special warranty deed and in "as is" condition. The Mayor and Town Clerk are authorized to execute on behalf of the Town a special warranty, deed for the conveyance of the Property to the WLFC. The Mayor, Town Clerk, Town Administrator and Finance Director are further authorized to execute and deliver such additional documents as may be reasonably required by the title company with respect to the .1 conveyance of the Property. The WLFC shall pay for any title insurance, and for all recording costs and other costs incidental to the conveyance. Section 3. Nothing herein shall constitute or be interpreted as a waiver of the Town's legislative, goyernmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants, or affect or impair the authority of the Town to enter into future agreements respecting the Property. ; Section 4. - The Board ' of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the .public health and safety in order to timely effectuate the transfer of the Property from the Town to the WLFC upon acquisition thereof by the Town, and that this ordinance shall take effect upon its adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. INTRODUCED, READ, APPROVED, ADOPTED AS AN EMERGENCY ORDINANCE AND ORDERED PUj3LISHED IN FULL by an affirmative vote of members of the Board of Trustees this.,2q'day of A tA , 2006. TOWN •. _. SEAL est. ,OU iY.c0�J w-, a M - m4b l 0) Michael P. Simone Mayor EXHIBIT A LOT 1 A TRACT OF LAND SITUATE IN THE NORTHWEST, QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M.; TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO; BEING' MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18; TOWNSHIP 2 NORTH, RANGE 67 WEST, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF. SAID SECTION 18 TO HAVE AN ASSUMED BEARING OF N89030'49"W (NORTH QUARTER CORNER IS MARKED BY A 2 112" ALUMINUM CAP IN MONUMENT BOX STAMPED PLS 24305, AND THE NORTHWEST CORNER OF SECTION 18 IS MARKED BY A 2 1/2" ALUMINUM CAP STAMPED PLS 24305), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S 19°29'08"W, 701.15 FEET TO THE POINT OF BEGINNING; THENCE S36056'38"E, 138.41 FEET; THENCE 419.11 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 760.00 FEET, A CENTRAL ANGLE OF 310,35'47", AND A CHORD WHICH BEARS S21008'45"E, 413.82 FEET; THENCE N85°05'50"W, 796.62 FEET; . THENCE N04054' 10"E, 328.61 FEET; THENCE S85005'50"E, 359.82 FEET; THENCE N52057'04"E, 218.81 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 6.07 ACRES (264,443 SQUARE FEET) MORE OR LESS. 3 ORDINANCE NO. r% AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A MOWER WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et sec., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire certain maintenance equipment; and WHEREAS, the Board of Trustees has determined. it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of one (1) new Toro Groundmaster 4000-D mower. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease -Purchase Agreement between the Town and Wells Fargo Brokerage Services, LLC, (the "Lease") for lease and acquisition of one (1) Toro Groundmaster 4000-D mower (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, and a copy of which lease accompanies this ordinance. The Mayor is hereby authorized to execute such Lease on behalf of the Town, except the Mayor is hereby further granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor, Town Clerk, Town Administrator and Director of Finance are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax-exempt obligation" for the purpose and within the meaning of - Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 4. Nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. 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 Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to. the extent of such inconsistency or conflict. INTRODUCED, READ, ADAPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 0 o day of f rn ar, 2006. 9/25/2006 8:23 AM (cdl) &TirestonclOrdinance\Mcwer Lease Purchase (2006).doc rA TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor _�-� 1 � l l�l�l l��lil �l�ll 111 I�l1l Ill liil I I��III I�ll� Illy I4Ill 04.3iP Weld County, CO 3451252 01126/2007 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk &Recorder 1 ORDINANCE NO. CO g AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE ST. VRAIN STATE PARK ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the St. Vrain State Park Annexation No. 1, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on October 12, 2006 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on August 29 and September 5, 12, and 19, 2006 in the Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I _ The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the St. Vrain State Park Annexation No. 1, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section_22. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, OPTED, APPROVED AND ORDERED PUBLISHED IN FULL this ! 02 day of f , 2006. TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor � I llllll lull lull llllll lull Illlll lull 111 lull l 3411211 0112612007 04:31P Weld County, CO 2 of 4 R 21,00 D 0.00 Steve Moreno Clerk & Recorder ATTEST: ••�►r►`'�'�a� 'SOWN J y He od, T Jerk = SEAL ref �1% lllll Illll Illltl 11114 llllll lllll II4 3451252 0i12 11612007 04:31P Weld County, Co 3 of 4 R 21.00 C 0.00 Steve Morena Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION LEGAL DESCRIPTION ST. VRAIN STATE PARK ANNEXATION NO.1 A tract of land located in the SEI/4 of Section 3, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the El/4 Corner of said Section 3, from which the Southeast Corner of said Section 3 bears S00°29'13"W, 2668.40 feet (Basis of Bearing), thence S89"40'11"W, 234.90 feet along the North Line of the SE1/4 of said Section 3 to the Westerly Line .of Parcel No. 12 Rev. 2 of Interstate Highway No. 25 conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 15, 1958, in Book 1500 at Page 553 of the records of Weld County, Colorado; Thence Southerly, 30.02 feet along the arc of a curve concave to the East and along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25 [Project I 092-1 (1)] to the Southerly Right-of-way Line of Weld County Road No. 24.5 and the TRUE POINT OF BEGINNING, said arc having a radius of 11595.00 feet, a central angle of 0008'54", and being subtended by a chord that bears S02°28'04"E, 30.02 feet; Thence continuing Southerly, 181.38 feet along the arc of said curve and along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25, said arc having a radius of 11595.00 feet, a.central angle of 0053'47", and being subtended by a chord that bears S02'5924"E, 181.36 feet; Thence S03°49'47"E, 1252.90 feet along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25 to an angle point thereof; Thence S01046'17"E, 169.47 feet along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25 to the Northerly Line of that tract of land conveyed to James F. Holmes as described in Warranty Deed recorded April 26, 1972, in Book 666 as Reception No. 1588448 of the records of Weld County, Colorado; Thence N89°41'40"W, 573.20 feet along the Northerly Line of that tract of land as described in said Book 666 as Reception No. 1588448 to the Northwest Corner thereof, also being the Northeast Corner that tract of land conveyed to Saul Lissauer and Janice H. Lissauer as described in Warranty Deed recorded February 3, 1969, in Book 605 as Reception No. 1527013 of the records of Weld County, Colorado; Thence N89°41'40"W, 585.70 feet along the Northerly Line of that tract of land as described in said Book 605 as Reception No. 1527013 to the Northwest Corner thereof; Thence S02°09'28"W, 376.24 feet along the Westerly Line and along the Westerly Line extend Southerly of that tract of land as described in said Book 605 as Reception No. 1527013 to the Northwest Corner of LONGMONT CENTENNIAL INN SUBDIVISION, a subdivision located in the SE1/4 of said Section 3, County of Weld, State of Colorado, according to the plat recorded as Reception No. 2119091 of the records of Weld County, Colorado; Thence S02'08'09"W, 586.59 feet along the Westerly Line of said LONGMONT CENTENNIAL INN SUBDIVISION to the Northerly Line of Parcel No. 38 of State Highway No. 119 [Project S-SU--0072(2)-SEC.2] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded January 6, 1971, in Book 638 as Reception No. 1559975 of the records of Weld County, Colorado; Thence N89046'03"W, 1059.96 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to the Westerly Line of RADEMACHER RECORDED EXCEPTION NO. 2534, a recorded exemption located in the SE1/4 of said Section 9 114i111 iilii Illli lillll Bill liilll Ilill III 11111 IN 1111, 1 3451252 0,112612007 04:31P Weld County, CO 4 of 4 R 2100 D 0.00 Steve Moreno Clerk & Recorder 3, County of Weld, State of Colorado, according to the plat recorded .'as'' Reception No. 2733409 of the records of Weld County, Colorado; Thence N00°26121"E, 937.33 feet along the Westerly Line of said RADEMACHER9_ RECORDED EXCEPTION NO. 2534 to an angle point thereof; Thence N84°17'24"E, 240.58 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO. 2534 to an angle point thereof; Thence N05037'24"E, 1588.60 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO. 2534 to the Southerly Right-of-way Line of said Weld County Road No. 24.5; Thence N89°40'11"E, 1754.28 feet along the Southerly Right-of-way Line of said Weld County Road No. 24.5 to the TRUE POINT OF BEGINNING. Area = 92:406 acres, more or less. 10/09/2006 12:50 PM jkkh] S:\Fh-stoncIAnnexation%StVrainStatePark Lord.doc 4 Town of Firestorm P.O. 0ox 100 151 Grant Avenue Firestone, CO 8052C, - - - - �I 1111111 HE 111111111111111 IN 3451253 01/26/2007 04:31P Weld County, CO 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorded ►:i _ _�� - ORDINANCENO AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE ST. VRAIN STATE PARK ANNEXATION NO.2 TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the St. Vrain State Park Annexation No. 2, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on October 12, 2006 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on August 29 and September 5, 12, and 19, 2006 in the Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the St. Vrain State Park Annexation No. 2, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Scctian 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ OPTED, APPROVED AND ORDERED PUBLISHED IN FULL this /,;-)" day of r 2006. TOWN OF F O , COLORADO Michael P. Simone, Mayor l II�III IIIII 11111 11111111 ME 111111111111111111 Hill 111111 PI 3411263 01/26/2007 04:31P Weld County, CO 2 of 7 R 36.00 O 0.00 Steve Moreno Clerk & Recorder ATTEST: r ITO1fj SFAAL 01ANO-------..0 P \ A �A���)�/��� � � $� j � Illll llllll Illll llllllllll l�llrl �ll�� 04:31P Weld County, CO 3451253 0112612007 3 of 7 R 36.00_D 0•0o _Steve Morena Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION LEGAL DESCRIPTION ST. VRAIN STATE PARK ANNEXATION NO.2 A tract of land located in Section 3 and in the El/2 of Section 4, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the E1/4 Corner of said Section 3, from which the Southeast Corner of said Section 3 bears S00°29'13"W, 2668.40 feet (Basis of Bearing), thence S89°40'11"W, 234.90 feet along the North Line of the SE1/4 of said Section 3 to the Westerly Line of Parcel No. 12 Rev. 2 of Interstate Highway No. 25 [Project I 092-1 (1)] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 15, 1958, in Book 1500 at Page 553 of the records of Weld County, Colorado, and the TRUE POINT OF BEGINNING; Thence Southerly, 30.02 feet along the arc of a curve concave to the East and along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25 to the Southerly Right-of-way Line of Weld County Road No. 24.5, said arc having a radius of 11595.00 feet, a central angle of 0*08154", and being subtended by a chord that bears S02028'04"E, 30.02 feet; Thence S89°40'11"W, 1754.28 feet along the Southerly Right-of-way Line of Weld County Road No. 24.5 to the Westerly Line of RADEMACHER RECORDED EXCEPTION NO. 2534, a recorded exemption located in the SE1/4 of said Section 3, County of Weld, State of Colorado, according to the plat recorded as Reception No. 2733409 of the records of Weld County, Colorado; Thence S05°37'24"W, 1588.60 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO. 2534 to an angle point thereof; Thence S84°17'24"W, 240.58 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO. 2534 to an angle point thereof; Thence S00°26'21"W, 937.33 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO. 2534 to the Northerly Line of Parcel No. 38 of State Highway No. 119 [Project S-SU-0072(2)- SEC.2] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded January 6, 1971, in Book 638 as Reception No. 1559975 of the records of Weld County, Colorado; Thence N89°46'03"W, 385.18 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to an angle point thereof; Thence N75°58'33"W, 105.70 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to an angle point thereof; 3 _ �~ �Illlllilll�l l��lll llll� llll� 114111 l�l�l llllll till�l 111 07 04:31P Weld County, CO 3451253 01126120 J 4 of 7 f� $6.00 D Q.OQ Steve Morena Clerk & Recorder — -- Thence N89°33'03"W, 1642.70 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to the Easterly Line of that tract of land conveyed to Elmer Moore and Clara Moore as described in Warranty Deed recorded June 22, 1972, in Book 670 as Reception No. 1592181 of the records of Weld County, Colorado; Thence N00°47'14"E, 406.18 feet along the Easterly Line of that tract of land as described in said Book 670 as Reception No. 1592181 to the Northeast. Corner thereof; Thence N89032'46"W, 355.00 feet along the Northerly Line of that tract of land as described in said Book 670 as Reception No. 1592181 to the Northwest Corner thereof, also being the Northeast Corner of that tract of land conveyed to Distribution Holdings, Inc. as described in Warranty Deed recorded June 9, 1969, in Book 610 as Reception No. 1532469 of the records of Weld County, Colorado; Thence N89°32'46"W, 405.00 feet along the Northerly Line of that tract of land as described in said Book 610 as Reception No. 1532469 to the Easterly Right-of-way Line of Weld County Road No. 7; Thence S00°47'14"W, 356.25 feet along said Easterly Right-of-way Line of Weld County Road No. 7 to the Northerly Line of said Parcel No. 38 of State Highway No. 119; Thence N89°33103"W, 30.00 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to the West Line of the SW1/4 of said Section 3, also being a point along the Northerly Line of Parcel No. 33 of State Highway No. 119 [Project S-SU- 0072(2)-SEC.2] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 3, 1970, in Book 623 as Reception No. 1544823 of the records of Weld County, Colorado; Thence N89°28'52"W, 30.00 feet along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to the Westerly Right-of- way Line of said Weld County Road No. 7; Thence N00°47'14"E, 2457.33 feet along the Westerly Right-of-way Line of said Weld County Road No. 7 to the North Line of the SE1/4 of said Section 4; Thence N00°26'53"E, 2567.48 feet along the Westerly Right -of --way Line of said Weld County Road No. 7 to the Southerly Right-of-way Line of Weld County Road No. 26; Thence N89033'07"E, 30.00 feet along the Southerly Right-of-way Line of said Weld County Road No. 26 to the West Line of the NW1/4 of said Section 3; Thence S89°33'30"E, 30.00 feet along the Southerly Right-of-way Line of said Weld County Road No. 26 tc the Easterly Right-of-way 4 1111 IN , I I I lll�ll l�l�l lillll �ll�l ill � I llllll I�ll� lllll p Weld County, CO 53 01/26/2007 04.31 5 of 7 R 36.00 4 4.00 Steve Moreno Clerk 34512Sc Recorder Line of said Weld County Road No. 7; Thence S00°26'53"W, 30.80 feet along the Easterly Right-of-way Line of said Weld County Road No. 7 to the Northerly Line of that tract of land conveyed to State of Colorado as described in Warranty Deed recorded May 14, 2004, as Reception No. 3180239 of the records of Weld County, Colorado; Thence S66°10'01"E, 189.54 feet along the Northerly Line of that tract of land as described as said Reception No.' 3180239 to an angle point thereof; Thence S03035'13"E, 232.66 feet along the Northerly Line of that tract of land as described as said Reception No. 3180239 to an angle point thereof; Thence S85°07'19"E, 244.69 feet along the Northerly Line of that tract of land as described as said Reception No. 3180239 to a Northeasterly Corner thereof, also being the Northwesterly Corner of that tract of land conveyed to State of Colorado as described in Warranty Deed recorded May 14, 2004, as Reception No. 3180238 of the records of Weld County, Colorado; The following courses and distances are along the Northerly Line of that tract of land as described as said Reception No. 3180238: Thence S85°07'19"E, 67.05 feet; Thence S49°30120"E, 332.51 feet; Thence S05°40'35"E, 489.21 feet; Thence S87°38'47"E, 444.29 feet; Thence S80°50'20"E, 338.03 feet; Thence N71°32'07"E, 267.23 feet; Thence N61°05'07"E, 239.25 feet; Thence N40°32'44"E, 884.75 feet to the East Line of the NW1/4 of said Section 3; Thence leaving the Northerly Line of that tract of land as described as said Reception No. 3180238, S00°57'02"W, 443.31 feet along the East Line of the NW1/4 of said Section 3 to the Northerly Line of that tract of land conveyed to The State of Colorado as described in Quit Claim Deed recorded April 25, 2002, as Reception No. 2945897 of the records of Weld County, Colorado; Thence N23°35'13"E, 53.22 feet along the Northerly Line of that tract of land as described as said Reception No. 2945897 to an angle point thereof, also being an angle point of that tract of land conveyed to State of Colorado as described in Warranty Deed 5 '. Illllll IllIiIIIII IIIIII Illil IIIIII IIIII III IIIII IIII IIII 3451253 01/26/2007 04:31P Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder recorded October 7, 1991, as Reception No. 2265474 of the records of Weld County, Colorado; Thence N73°24'40"E, 1383.42 feet along the Northerly Line of that tract of land as described as said Reception No. 2265474 to an angle point thereof; Thence N50027113"E, 440.00 feet along the Northerly Line of that tract of land as described as said Reception No. 2265474 to an angle point thereof; Thence S89°51'47"E, 568.77 feet along the Northerly Line of that tract of land as described as said Reception No. 2265474 to the Westerly Line of Parcel No. 3 of Interstate Highway No. 25 [Project NH-IRCX 025-3(109)] conveyed to Department of Transportation, State of Colorado, as described in Warranty Deed recorded May 21, 1999, as Reception No. 2695322 of the records of Weld County, Colorado; Thence S00°2526"W, 7.50 feet along the Westerly Line of said Parcel No. 3 of Interstate Highway No. 25 to the Southwest Corner thereof; Thence S89°50'54"E, 131.24 feet along the Southerly Line of said Parcel No. 3 of Interstate Highway No. 25 to the Westerly Line of Parcel No. 10 Rev. of Interstate Highway No. 25 [Project 1092-1 (1)] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 2, 1958, in Book 1499 at Page 596 of the records of Weld County, Colorado; Thence S00°22'43"W, 67.47 feet along the Westerly Line of said Parcel No. 10 Rev. of Interstate Highway No. 25 to the Northerly Line of that tract of land as described as said Reception No. 2945897; Thence continuing S00°22'43"W, 1913.60 feet along the Westerly Line of said Parcel No. 10 Rev. of Interstate Highway No. 25 to a point of curve to the left thereof; Thence Southerly, 561.00 feet along the arc of said curve and along the Westerly Line of said Parcel No. 10 Rev. of Interstate Highway No. 25 to the TRUE POINT OF BEGINNING, said arc having a radius of 11595.00 feet, a central angle of 2°46120", and being subtended by a chord that bears S01°00'27"E, 560.95 feet. EXCEPT a tract of land located in the SW1/4 of Section 3 T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the E1/4 Corner of said Section 3, from which the Southeast Corner of said Section 3 bears S00°29'1311W, 2668.40 feet (Basis of Bearing), thence S89"40'11"W, 2648.64 feet along the North Line of the SE1/4 of said Section 3 to the C1/4 Corner of said Section 3; Thence S89°41106"W, 2143.59 feet along the Z I 111111 Hill 1111111111111111111111111111111111111111111 IN 111111 3451253 01/26/2007 04:31P Weld County, CO 7 of 7 R 36.00 Q 0.00 Steve Moreno Clerk & Recorder North Line of the SW1/4 of said Section 3 to the Easterly' Line, that tract of land- conveyed to Willard Guill as descr'-ibedi;in,, Warranty Deed recorded May 14, 1969, in Book 609 as Reception --No: '^ ''v 1531360 of the records of _ t� it Weld County, Color -ado; ; :�mIT& ce, S00 ° 47' 14 "W, 30.01 feet along the Easterly Line of that, t=r="act,�as described in said Book 609 as Reception No. 1531360 to the Southerly Right-of-way Line of Weld County Road No. 24.5 and the TRUE POINT OF BEGINNING; Thence continuing S00047114"W, 450.08 feet along the Easterly Line of that tract as described in said Book 609 as Reception No. 1531360 to the Southeast Corner thereof; Thence S89°41'06"W, 453.83 feet along the Southerly Line of that tract as described in said Book 609 as Reception No. 1531360 to the Easterly Right-of-way Line of Weld County Road No. 7; Thence N00°47'14"E, 450.08 feet along the Easterly Right-of-way Line of said Weld County Road No. 7 to the Southerly Right -of --way Line of said Weld County Road No. 24.5; Thence N89°41'06"E, 453.83 feet along the Southerly Right -of --way Line of said Weld County Road No. 24.5 to the TRUE POINT OF BEGINNING. Total Area = 407.861 acres, more or less. 10/09/2006 1151 PM [kkh] S:1FirestonelAanexationL$tVrainStatePark 2.ord.dac 7 � IIIIIIIIlIII � I IIIIII IIIII (IIII IIIIII !IIII IIIIII (IIII !II I 3451254 01/26/2007 04:31P Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Cleric & Recorder y �64 ORDINANCE NO. Co X AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE ST. VRAIN STATE PARK ANNEXATION NO.3 TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the St. Vrain State Park Annexation No. 3, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on October 12, 2006 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on August 29 and September 5, 12, and 19, 2006 in the Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the . State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectinu I. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the St. Vrain State Park Annexation No. 3, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Sectiou 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this Ion day of a cA Jle V- , 200& TOWN OF FIRESTONE, COLORADO P. Simone, Mayor 41111111111111111111111111111111111111111111111111111 111l 3451254 01/2612007 04:31P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder ATTEST: off 2 &�� / ( 0`2 { \ \ \ i moo f �� - 444I�14444��4�14I�41��1 44I�444i�4�14444�4i4i44414�14�11 3451254 0112612007 04:31P Weld County, Ca 3 of 4 R 21.00 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION LEGAL DESCRIPTION ST. VRAIN STATE PARK ANNEXATION NO.3 A tract of land located in the SE1/4 of Section 4, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southeast Corner of said Section 4, from which the S1/4 Corner of said Section 4 bears S88°50'38"W, 2658.84 feet (Basis of Bearing), thence N00°47'14"E, 168.60 feet along the East Line of the SE1/4 of said Section 4 to the Northerly Line of Parcel No. 33 of State Highway No.. 119 [Project S-SU-0072(2)- SEC.2] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 3, 1970, in Book 623 as Reception No. 1544823 of the records of Weld County, Colorado; Thence N89°28'52"W, 30.00 feet along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to an angle point thereof, also being the Westerly Right-of-way Line of Weld County Road No. 7 and the TRUE POINT OF BEGINNING; Thence S45°41'08"W, 71.30 feet along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to a point of non -tangent curve thereof; Thence Westerly, 538.81 feet along the arc of a curve concave to the South and along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to a point tangent, said arc having a radius of 23020.00 feet, a central angle of 1°20'28 and. being subtended by a chord that bears S89034'22"W, 538.80 feet; Thence S88°54'08"W, 1984.80 feet along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to the Westerly Line of that tract of land conveyed to State of Colorado as described in Correction Deed recorded November 21, 2003, 'as Reception No. 3128803 of the records of Weld County, Colorado; The following courses and distances are along the Westerly Line of that tract of land as described as said Reception No.. 3128803: Thence N18°08'32"E, 297.38 feet; Thence N30037'40"E, 193.21 feet; Thence N49°50'16"E, 109.42 feet; Thence N36°48'15"E, 176.24 feet; Thence N38043'44"E, 185.84 feet; Thence N47°51'28"E, 152.70 feet; 3 — — — — ------------------ 3451254 011��I�I i 2612007 04:31P Weld County, CO � 4 of 41121.00 D 0.00 Steve Moreno Clerk & Recorder Thence N55°04'40"E, 167.31 feet; Thence N58°22'24"E, 172.27 feet; Thence N45032'06"E, 131.90 feet; Thence N28°51'50"E, 131.65 feet; Thence N00°28138"E, 105.20 feet; Thence N11043146"W, 157.42 feet; Thence N41057117"W, 322.43 feet; Thence N32°21113"W, 123.02 feet; Thence N25°42'01"W, 87.95 feet; Thence N19014142"W, 327.25 feet; Thence N16°07'11"W, 135.18 feet; Thence N07°00'48"E, 104.30 feet to the North Line of the SE1/4 of said Section 4; Thence leaving the Westerly Line of that tract of land as described as said Reception No. 3128803, N89022100"E, 2040.16 feet along the North Line of the SE1/4 of said Section 4 to the Westerly Right-of-way Line of said Weld County Road No. 7; Thence S00°47'14"W, 2457.33 feet along the Westerly Right-of-way Line of said Weld County Road No. 7 and the TRUE POINT OF BEGINNING. Area = 114.374 acres, more or less. iotog/2oo6 l:l l PM [kkh] S:SFirertaneVamexationlStVteinStalePark 3.ord doc 4 `� � Ill �1lll Illy l�l�ll Illil Illlll ill�l 111 4 �� 007 04:31P Weld County, co 346i255 01l28l2 ., of 11 R 56.00 U 0.00 Steve Moreno Clerk & Recorder ! ORDINANCE NO. AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE ST. VRAIN STATE PARK ANNEXATION NOS. 1, 2 AND 3 WHEREAS, petitions for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the St. Vrain State Park Annexation Nos. 1, 2 and 3, were filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, the landowner of the property requested a Planned Unit Development zoning classification with Open Space land uses (PUD-OS) and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the St. Vrain State Park Annexation Nos. 1, 2 and 3; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. That certain property known as the St. Vrain State Park Annexation Nos. 1, 2 and 3 to the Town of Firestone, the legal descriptions of which are set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Open Space (PUD-OS), pursuant to the zoning ordinances of the Town and in accordance with the St. Vrain State Park Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Outline Development Plan for the St. Vrain State Park, subject to the conditions set forth.on Exhibit B attached hereto and incorporated herein by reference. o4:31P Well county, CO 3451255 Oi12612407 of i1 R 56.00 D 0.00 Steve Moreno Clerk &Recorder INTR UCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this / -day of a a &y- _ , 2006. ��pEST0jy�1 * i SEAL Xk n �___. ice. •�.,,�.:� �:.� 4 Mayor COLORADO I Ililll IIIII IIIII (IIIII IIIII (IIIII IIIII III IIIII III 3451255 01126/2007 04:31P Weld County, CO 3 of 11 R 56.00 D 0.00 Steve Moreno Clerk & Recorder Jf EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ST. VRAIN STATE PARK ANNEXATION NO. 1 A tract of land located in the SEI/4 of Section 3, UN, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the E114 Corner of said Section 3, from which the Southeast Comer of said Section 3 bears S00129'13"W, 2668.40 feet (Basis of Bearing), thence S89°40'l I"W, 234.90 feet along the North Line of the SE 114 of said Section 3 to the Westerly Line of Parcel No. 12 Rev. 2 of Interstate Highway No. 25 conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 15, 1958, in Book 1500 at Page 553 of the records of Weld County, Colorado; Thence Southerly, 30.02 feet along the arc of a curve concave to the East and along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25 [Project I 092-1 (1)] to the Southerly Right-of-way Line of Weld County Road No. 24.5 and the TRUE POINT OF BEGINNING, said arc having a radius of 11595.00 feet, a central angle of 0°08'54", and being subtended by a chord that bears S02°28'04"E, 30.02 feet; Thence continuing Southerly, 181.3 8 feet along the are of said curve and along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25, said are having a radius of It 595.00 feet, a central angle of 0°53'47", and being subtended by a chord that bears S02°59'24"E,181.38 feet; Thence S03 °49'47"E,1252.90 feet along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25 to an angle point thereof; Thence S01 °46' 17"E,169.47 feet along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25 to the Northerly Line of that tract of land conveyed to James F. Hohnes as described in Warranty Deed recorded April 26,1972, in Book 666 as Reception No. 1588448 of the records of Weld County, Colorado; Thence N89°41'40"W, 573.20 feet along the Northerly Line of that tract of land as described in said Book 666 as Reception No. 1588448 to the Northwest Corner thereof, also being the Northeast Corner that tract of land conveyed to Saul Lissauer and Janice H. Lissauer as described in Warranty Deed recorded February 3, 1969, in Book 605 as Reception No. 1527013 of the records of Weld County, Colorado; Thence N89°41'40"W, 585.70 feet along the Northerly Line of that tract of land as described in said Book 605 as Reception No. 1527013 to the Northwest Corner thereof; Thence S02°09'28"W, 376.24 feet along the Westerly Line and along the Westerly Line extend Southerly of that tract of land as described in said Book 605 as Reception No. 1527013 to the 3 l j` l lll�l�lllllil�llll a l�lll ��lll l612 07 1P Weld County. 0 corder ll g1l2g12oo7 a4 3 MI Clerk & Re 3451255 4 of 11 R 5S a0 D O AU Ste_ ve Northwest Corner of LONGMONT CENTENNIAL INN SUBDIVISION, a subdivision located in the SEIA of said Section 3, County of Weld, State of Colorado, according to the plat recorded as Reception No. 2119091 of the records of Weld County, Colorado; Thence S02°08'09"W, 586.59 feet along the Westerly Line of said LONGMONT CENTENNIAL INN SUBDIVISION to the Northerly Line of Parcel No. 38 of State Highway No. 119 [Project S- SU-0072(2)-SEC.21 conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded January 6, 1971, in Book 638 as. Reception No. 1559975 of the records of Weld County, Colorado; Thence N89°46'03"W,1059.96 feet along the Northerly Line of said Parcel No. 38 of State Highway No.119 to the Westerly Line of RADEMACHER RECORDED EXCEPTION NO.2534, a recorded exemption located in the SE114 of said Section 3, County of Weld, State of Colorado, according to the plat recorded as Reception No. 2733409 of the records of Weld County, Colorado; Thence N00°26'21 "E, 937.33 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO.2534 to an angle point thereof, Thence N84017'24"E, 240.58 feet along the Westerly Line of said RADEMAC1 ER RECORDED EXCEPTION NO.2534 to an angle point thereof; Thence N05°37'24"E,1588.60 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO.2534 to the Southerly Right-of-way Line of said Weld County Road No. 24.5; Thence N89°40' l I "E, 1754.28 feet along the Southerly Right-of-way Line of said Weld County Road No. 24.5 to the TRUE POINT OF BEGINNING: Area = 92.406 acres, more or less. ST. VRAIN STATE PARK ANNEXATION NO.2 A tract of land located in Section 3 and in the E I12 of Section 4, T2N, R68 W of the 61P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the E114 Corner of said Section 3, from which the Southeast Corner of said Section 3 bears S00°29' 13"W, 2668.40 feet (Basis of Bearing), thence S89040' 11 "W, 234.90 feet along the North Line of the SE I A of said Section 3 to the Westerly Line of Parcel No. 12 Rev. 2 of Interstate Highway No. 25 [Project I 092-1(1)] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 15,1958, in Book 1500 at Page 553 of the records of Weld County, Colorado, and the TRUE POINT OF BEGINNING; Thence Southerly, 30.02 feet along the arc of a curve concave to the East and along the Westerly Line of said Parcel No. 12 Rev. 2 of Interstate Highway No. 25 to the Southerly Right-of-way Line of Weld County Road No. 24.5, said arc having a radius of 11595.00 feet, a central angle of 0°08'54", 4 I'II�III�II�IIIII�I�IIIIIIIIII�IIIIIIl�IIIII�I�IIIIIII�I � 3451255 01/26/2007 04:31P Weld County, CO Hof 11 R 56_00 D 0.00 Steve Moreno Clerk & Recorder and being subtended by a chord that bears S02°28'04"E, 30.02 feet; Thence S89°40'11"W, 1754.28 feet along the Southerly Right-of-way Line of Weld County Road No. 24.5 to the Westerly Line of RADEMACHER RECORDED EXCEPTION NO.2534, a recorded exemption located in the SE1A of said Section 3, County of Weld, State of Colorado, according to the plat recorded as Reception No. 2733409 of the records of Weld County, Colorado; Thence S05°37'24"W,1588.60 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO.2534 to an angle point thereof; Thence S84°17'24"W, 240.58 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO.2534 to an angle point thereof, Thence S00026'21 "W, 937.33 feet along the Westerly Line of said RADEMACHER RECORDED EXCEPTION NO.2534 to the Northerly Line of Parcel No. 38 of State HighwayNo.119 [Project S- SU-0072(2)-SEC.2] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded January 6, 1971, in Book 638 as Reception No. 1559975 of the records of Weld County, Colorado; Thence N89°46'03"W, 385.18 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to an angle point thereof; Thence N75°58'33"W,105.70 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to an angle point thereof, Thence N89°33'03 "W,1642.70 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to the Easterly Line of that tract of land conveyed to Elmer Moore and Clara Moore as described in Warranty Deed recorded June 22,1972, in Book 670 as Reception No. 1592181 of the records of Weld County, Colorado; Thence N00°47' 14"E, 406.18 feet along the Easterly Line of that tract of land as described in said Book 670 as Reception No. 1592181 to the Northeast Comer thereof, Thence N89°32'46"W, 355.00 feet along the Northerly Line of that tract of land as described in said Book 670 as Reception No. 1592181 to the Northwest Corner thereof, also being the Northeast Comer of that tract of land conveyed to Distribution Holdings, Inc. as described in Warranty Deed recorded June 9, 1969, in Book 610 as Reception No. 1532469 of the records of Weld County, Colorado; Thence N89°3246"W, 405.00 feet along the Northerly Line of that tract of land as described in said Book 610 as Reception No.1532469 to the Easterly Right-of-way Line of Weld County Road No. 7; Thence S00°47' 14"W, 356.25 feet along said Easterly Right-of-way Line of Weld County Road No. 7 to the Northerly Line of said Parcel No. 38 of State Highway No. 119; 11111 IN 11i1444l1111444114lllll llll4 4ll4ll 4211 R 56 00 D 0 0031 teo Weld Moreno County, CO k 6of& Recorded Thence N89°33'03"W, 30.00 feet along the Northerly Line of said Parcel No. 38 of State Highway No. 119 to the West Line of the SW 1 /4 of said Section 3, also being a point along the Northerly Line of Parcel No. 33 of State Highway No. 119 [Project S-SU-0072(2)-SEC.2] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 3, 1970, in Book 623 as Reception No. 1544823 of the records of Weld County, Colorado; Thence N89°28'52"W, 30.00 feet along the Northerly Line of said Parcel No. 33. of State Highway No. 119 to the Westerly Right-of-way Line of said Weld County Road No. 7; Thence NOO°47' 14"E, 2457.33 feet along the Westerly Right-of-way Line of said Weld County Road No. 7 to the North Line of the SEIA of said Section 4; Thence NOO°26'53"E, 2567.48 feet along the Westerly Right-of-way Line of said Weld County Road No. 7 to the Southerly Right-of-way Line of Weld County Road No. 26; Thence N89°33'07"E, 30.00 feet along the Southerly Right-of-way Line of said Weld County Road No. 26 to the West Line of the NW IA of said Section 3; Thence S89°33'30"E, 30.00 feet along the Southerly Right-of-way Line of said Weld County Road No, 26 to the Easterly Right-of-way Line of said Weld County Road No. 7; Thence SOO°26'53"W, 30.80 feet along the Easterly Right-of-way Line of said Weld County Road No. 7 to the Northerly Line of that tract of land conveyed to State of Colorado as described in Warranty Deed recorded May 14, 2004, as Reception No. 3180239 of the records of Weld County, Colorado; Thence S66° 1 O'01 "E,189.54 feet along the Northerly Line of that tract of land as described as said Reception No. 3180239 to an angle point thereof; Thence S03°35'13"E, 232.66 feet along the Northerly Line of that tract of land as described as said Reception No. 3180239 to an angle point thereof; Thence S85°07'19"E, 244.69 feet along the Northerly Line of that tract of land as described as said Reception No. 3180239 to a Northeasterly Corner thereof, also being the Northwesterly Comer of that tract of land conveyed to State of Colorado as described in Warranty Deed recorded May 14, 2004, as Reception No. 3180238 of the records of Weld County, Colorado; The following courses and distances are along the Northerly Line of that tract of land as described as said Reception No. 3180238: Thence S85°07'19"E, 67.05 feet; Thence S49°30'20"E, 332.51 feet;. T lillll IIIII IIIII IIIIII lllllIIIIII -IIIII !!! IIIII Ills IIII 3451255 01/26/2007 04:31P Weld County, CO 7 of 11 R 56.00 0 0.00 Steve Moreno Clerk & Recorder Thence S05°40'35"E, 489.21 feet; Thence S87°38'47"E, 444.29 feet; Thence S80°50'20"E, 338.03 feet; Thence N71°32'07"E, 267.23 feet; Thence N61'05'07"E, 239.25 feet; Thence N40°32'44"E, 884.75 feet to the East Line of the NW 114 of said Section 3; Thence leaving the Northerly Line of that tract of land as described as said Reception No. 3180238, S00057'02"W, 443.31 feet along the East Line of the NW 114 of said Section 3 to the Northerly Line of that tract of land conveyed to The State of Colorado as described in Quit Claim Deed recorded April 25, 2002, as Reception No. 2945897 of the records of Weld County, Colorado; Thence N23°35'13"E, 53.22 feet along the Northerly Line of that tract of land as described as said Reception No. 2945897 to an angle point thereof, also being an angle point of that tract of land conveyed to State of Colorado as described in Warranty Deed recorded October 7, 1991, as Reception No. 2265474 of the records of Weld County, Colorado; Thence N73°24'40"E,1383.42 feet along the Northerly Line of that tract of land as described as said Reception No. 2265474 to an angle point thereof-, Thence N50°27' 13 "E, 440.00 feet along the Northerly Line of that tract of land as described as said Reception No. 2265474 to an angle point thereof; Thence S89°51'47"E, 568.77 feet along the Northerly Line of that tract of land as described as said Reception No. 2265474 to the Westerly Line of Parcel No. 3 of Interstate Highway No. 25 [Project NH-IRCX 025-3 (109)] conveyed to Department of Transportation, State of Colorado, as described in Warranty Deed recorded May 21, 1999, as Reception No. 2695322 of the records of Weld County, Colorado-, Thence S00°25'26"W, 7.50 feet along the Westerly Line of said Parcel No. 3 of Interstate Highway No. 25 to the Southwest Corner thereof; Thence S89°50'54"E,131.24 feet along the Southerly Line of said Parcel No. 3 of Interstate Highway No. 25 to the Westerly Line of Parcel No.10 Rev. of Interstate Highway No. 25 [Project I 092-1(1)] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 2, 1958, in Book 1499 at Page 596 of the records of Weld County, Colorado; Thence S00°22'43"W, 67.47 feet along the Westerly Line of said Parcel No. 10 Rev. of Interstate V/ Illilll�����llll�III�4II�l�lN4IIIII�II 3451255 01/26/2007 04:31P Weld County, Co 8 of 11 R 56.00 Q 0.00 Steve Moreno Clerk & Recorder f Highway No. 25 to the Northerly Line of that tract of land as described as said Reception No. 2945897; Thence continuing S00°22'43"W,1913.60 feet along the Westerly Line of said Parcel No. 10 Rev. of Interstate Highway No. 25 to a point of curve to the left thereof; Thence Southerly, 561.00 feet along the arc of said curve and along the Westerly Line of said Parcel No.10 Rev. of Interstate Highway No. 25 to the TRUE POINT OF BEGINNING, said are having a radius of 11595.00 feet, a central angle of 2°46'20", and being subtended by a chord that bears S01 °00'27"E, 56095 feet. EXCEPT a tract of land located in the SW 1/4 of Section 3 UN, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the E1/4 Comer of said Section 3, from which the Southeast Corner of said Section 3 bears S00°29'13"W, 2668.40 feet (Basis of Bearing), thence S891140'11 "W, 2648.64 feet along the North Line of the SE1A of said Section 3 to the C 1 A Corner of said Section 3; Thence S89041'06"W, 2143.59 feet along the North Line of the SW1/4 of said Section 3 to the Easterly Line of that tract of land conveyed to Willard Guill as described in Warranty Deed recorded May 14, 1969, in Book 609 as Reception No. 1531360 of the records of Weld County, Colorado; Thence S00047'14"W, 30.01 feet along the Easterly Line of that tract as described in said Book 609 as Reception No. 1531360 to the Southerly Right-of-way Line of Weld County Road No. 24.5 and the TRUE POINT OF BEGINNING; Thence continuing S00°47' 14"W, 450.08 feet along the Easterly Line of that tract as described in said Book 609 as Reception No. 1531360 to the Southeast Corner thereof, Thence S89041'06"W, 453.83 feet along the Southerly Line of that tract as described in said Book 609 as Reception No. 1531360 to the Easterly Right-of-way Line of Weld County Road No. 7; Thence N00°47'l4"E, 450.08 feet along the Easterly Right-of-way Line of said Weld County Road No. 7 to the Southerly Right-of-way Line of said Weld County Road No. 24.5; Thence N89041'06"E, 453.83 feet along the Southerly Right-of-way Line of said Weld County Road No. 24.5 to the TRUE POINT OF BEGINNING. Total Area = 407.861 acres, more or less. ST. VRAIN STATE PARK ANNEXATION NO.3 A tract of land located in the SE I A of Section 4, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southeast Corner of said Section 4, from which the S1/4 Corner of said 8 3451255 01/26/2007 04:31P Weld County, CO 9 of 11 R 56.00 0 0.00 Steve Moreno Clerk & Recorder Section 4 bears S88°50'38"W, 2658.84 feet (Basis of Bearing), thence N00°47'14"E, 168.60 feet along the East Line of the SEIA of said Section 4 to the Northerly Line of Parcel No. 33 of State Highway No. 119 [Project S-SU-0072(2)-SEC.2] conveyed to The Department of Highways, State of Colorado, as described in Special Warranty Deed recorded April 3,1970, in Book 623 as Reception No.1544823 of the records of Weld County, Colorado; Thence N89°28'52"W, 30.00 feet along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to an angle point thereof, also being the Westerly Right-of-way Line of Weld County Road No. 7 and the TRUE POINT OF BEGINNING; Thence S45°41'08"W, 71.30 feet along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to a point of non -tangent curve thereof, Thence Westerly, 538.81 feet along the arc of a curve concave to the South and along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to a point tangent, said are having a radius of 23020.00 feet, a central angle of 1 °20'28", and being subtended by a chord that hears S89°34'22"W, 538.80 feet; Thence S88°54'08"W,1984.80 feet along the Northerly Line of said Parcel No. 33 of State Highway No. 119 to the Westerly Line of that tract of land conveyed to State of Colorado as described in Correction Deed recorded November 21, 2003, as Reception No. 3128803 of the records of Weld County, Colorado; The following courses and distances are along the Westerly Line of that tract of as described as said Reception No. 3128803: Thence N18'08'32"E, 297.38 feet; Thence N30°37'40"E,193.21 feet; Thence N49°50'16"E, 109.42 feet; Thence N3 6*48'15 "E, 176.24 feet; Thence N38°43'44"E, 185.84 feet; Thence N47°51'28"E, 152.70 feet; Thence N55°04'40"E, 167.31 feet; Thence N58°22'24"E, 172.27 feet; Thence N45°32'06"E, 131.90 feet; Thence N28°51'50"E, 131.65 feet; E IIIIIII IIIII IIIIIIIIIII IIII�IIIIII IIIII III IIIIIIIIIIII! -� 3451255 01/26/2007 04:31P Weld County, CO 10 of 11 R 56.00 D 0.00 Steve Moreno Clerk & Recorder Thence N00°28'38"E,105.20 feet; Thence N11°43'46"W,157.42 feet; Thence N41°5717"W, 322.43 feet; Thence N32021'l3"W, 123.02 feet; Thence N25 °42'01 "W, 87.95 feet; Thence N19°14'42"W, 327.25 feet; Thence N 16'07'11 "W, 135.18 feet; Thence N07°00'48"E, 104.30 feet to the North Line of the SETA of said Section 4; Thence leaving the Westerly Line of that tract of land as described as said Reception No. 3128803, N89022'00"E, 2040.16 feet along the North Line of the SE114 of said Section 4 to the Westerly Right-of-way Line of said Weld County Road No. 7; Thence S00'4714"W, 245 7.3 3 feet along the Westerly Right-of-way Line of said Weld County Road No. 7 and the TRUE POINT OF BEGINNING. Area = 114.374 acres, more or less. 10 1INIIl�littl�l�ti�i CO 04:31P Weid County, 3451255 0112612007 �Steve Moreno Clerk & Recorder i� of 11 R 56.00 D 0.00 EXHIBIT B St Wain State Park Annexation Nos.1, 2 and 3 7-1 . Conditions of Approval;+: Initial Zoning/ODP 1. Revise ODP map to show the State Land Board as an owner of the property. 2. Identify Road 7 and Road 24`/2 as local streets on the ODP map. 3. Specify utility providers and fire district on the ODP map. 10/09/2006 128 PM [kkh] S:\Firestcrne\Awomfion\StVrainStrAePuk caning ODP.ord.aoc 11 'E r �� �y��� y T ORDINANCE NO. b 2-2- AN ORDINANCE ACCEPTING CERTAIN RIGHT-O&WAY QUIT CLAIMED TO THE TOWN AND ABANDONED BY COLORADO DEPARTMENT OF TRANSPORTATION AS A TOWN STREET. WHEREAS, the Colorado Department of Transportation has quit claimed certain property to the Town of Firestone, which property is described in Exhibit A (the "Property"); and WHEREAS, the Transportation Commission of the State has adopted a resolution abandoning the Property; and WHEREAS, the Town desires to accept the Property as a Town street, pursuant to C.R.S. Section 43-2-106. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I _ The Board of Trustees hereby accepts the Property as a town street. SeCtion I If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3- All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part anypenalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining"in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered; entered, or made in such actions, suits, proceedings, or prosecutions. 1 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of O c-k b4 ✓ , 2006. Judy H ood Town erk ] 0/23/2006 4: l3 PM[dtd] S:1Frtestmx4)a&A=\1-25 Frontage Road Awepunw—doc 2 TOWN OF FIRESTONE COLORADO Mayor P. Simone ORDINANCE NO. � ZZ AN ORDINANCE ACCEPTING CERTAIN RIGHT-OF-WAY QUIT CLAIMED TO THE TOWN AND ABANDONED BY COLORADO DEPARTMENT OF TRANSPORTATION AS A TOWN STREET. WHEREAS, the Colorado Department of Transportation has quit claimed certain property to the Town of Firestone, which property is described in Exhibit A (the "Property"); and WHEREAS, the- Transportation Commission of the State has adopted a resolution abandoning the Property; and WHEREAS, the Town desires to accept the Property as a Town street, pursuant to C.R.S. Section 43-2-106. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: secfian, 1. The Board of Trustees hereby accepts the Property as a town street. Section 2_ If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid . Sr'dian 1.. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4_ The repeal or modification of any provision of the Municipal Code of the . Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of (7 c -�o j0j ,- ; 2006. TOWN OFF O , COLORADO o tC ichael P. Simone st:� Mayor 4► Judy. H ood Town fferk r. r 'STATE OF COLORADO COLORADO DEPARTMENT OF TRANSPORTATION Contracts and Market Analysis Branch Agreements Office .� 4201 East Arkansas Avenue Denver, Colorado 80222 * UEPAR AIFNT W Twv+scWTAAON (303) 757-9291 January 19, 2007 Cheri Anderson Town Administrator Town of Firestone P.O. Box 100 " Firestone, Colorado 80520 Dear Ms. Anderson, Attached is a fully -executed original copy of the four -party contract for the project at SH119 and I-25. The contract was executed on January 17, 2007. If you have any questions about the contract then please give me a call at (303) 757-9291, otherwise, please contact Steve Olsen (CDOT Project Manager) with any project related questions. Thank you for your cooperation in getting this contract executed. Sint a � ` 1 I� r . � .# 7 Project: C 0253-197 (15762) Region 4 (RP) 07 HA4 00025 CMS 06-168 INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, made this C /IRday of , 2007, by and between the STATE OF COLORADO for the us and benefi of THE DEPARTMENT OF TRANSPORTATION, 4201 East Arkansas Avenue, Denver, Colorado, hereinafter referred to as the "State" or "CDOT", the COUNTY OF WELD, 1555 X 17th Street, Greeley, Colorado, 80631, FEIN: 846000813, hereinafter referred to as "Weld County", "Local Agency" or "Contractor'', and the TOWN OF MEAD, P.O. Box 626, Mead, Colorado 80542, FEIN: 846008552, hereinafter referred to as the "Town of Mead", "Local Agency" or "Contractor', and the TOWN OF FIRESTONE, P.O. Box 100, Firestone, Colorado 80520, FEIN: 840736777, hereinafter referred to as the "Town of Firestone", Local Agency" or "Contractor'. Weld County, the Town of Mead and the Town of Firestone hereinafter shall be referred to collectively as the "Local Agencies" or "Contractors", and the "Local Agencies" or "Contractors" together with CDOT shall be referred to as the "Parties" RECITALS WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency -cost in Fund Number 400, Appropriation Code 010, Organization Number9991, Program 2000, Function 1344, Object 5410 2N, Phase R, Reporting Category 4310, Contract Encumbrance Number 15762, (Contract Encumbrance Amount $3,700,000.00). WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and 1 WHEREAS, CDOT will widen Interstate 25 which will necessitate the elimination of a portion of the east frontage road; and WHEREAS, it is the intent of the Parties to transfer the remaining portion of the frontage road from M.P. 241.33 to the northern ROUE' line of SH119, as described and shown in Exhibit A-1 for the Town of Firestone and as described and shown in Exhibit A-2 for Weld County, from CDOT to the Town of Firestone and to Weld County; and WHEREAS, CDOT will transfer $3.7 million to Weld County and the Town of Mead for the purpose of constructing County Road 9'/z and reestablishing the access to the frontage road; and WHEREAS, Weld County and the Town of Mead shall work cooperatively to apportion the $3.7 million and have County Road 9Y2 constructed and open to traffic prior to December 1, 2007; and WHEREAS, the parties are authorized to enter into this contract pursuant to the provisions of Sections 29-1-203, 43-2-106, 434-1101 43-1-114, and 43-2-144, C.R.S., as, amended and pursuant to the attached resolutions shown in Exhibit C from Weld County, Exhibit D from the Town of Mead and Exhibit E from the Town of Firestone. NOW, THEREFORE, it is hereby agreed that: 1. This agreement establishes the general provisions for and defines certain responsibilities regarding the State's payment to Weld County and the Town of Mead for the construction of County Road 9Y2. 2, This Agreement further sets the general provisions for and defines certain responsibilities concerning the abandonment by the State and acceptance by both Weld County and the Town of Firestone of the remaining portions of the frontage road from M.P. 241.33 to the northern ROW line of SH119. K I. COMMITMENTS ON THE PART OF THE STATE } 1. The Transportation Commission shall pass a resolution abandoning the segment of the frontage road, described and shown in Exhibit A-1, to the Town of Firestone and abandoning the segment of the frontage road, described and shown in Exhibit A-2, to Weld County. Furthermore, CDOT will convey the abandoned frontage road described and shown in Exhibit A-1 to the Town of Firestone and convey the abandoned frontage road described and shown in Exhibit A-2 to Weld County, each by means of a quit claim deed. CDOT shall immediately communicate the passing of the abandonment resolution to the Local Agencies, which is anticipated that the resolution shall be passed by CDOT Transportation Commission no later than January 1st, 2007. 2. Within 60 days from execution of this agreement CDOT shall pay $3.7 million to Weld County and the Town of Mead for purpose of constructing County Road 9'/z. 3. CDOT staff will assist Weld County in the right-of-way appraisal and acquisition related to the County Road 9'/z project. Weld County will reimburse CDOT for the cost of this work. 4. CDOT will make available, upon the written requests, all available as-builts, ROW plans, utility permits, access permits and any other available information requested for the abandoned portion of the roadway. II. COMMITMENTS ON THE PART OF WELD COUNTY 1. Weld County, by signing this agreement, has passed a resolution from its Board of County Commissioners accepting the abandoned portions of the Frontage Road located in Weld County, as described and shown in Exhibit A-2, within ninety (90) days after the notification of abandonment by the Transportation Commission. Upon acceptance, that portion of the abandoned Frontage Road located within Weld County will become part of Weld County's road system and the sole responsibility for both minor and major maintenance will be transferred from the 3 State to Weld County. These actions will take place pursuant to §43-2-106, Colorado Revised Statutes, as amended. 2. Weld County agrees to work with the Town of Mead to construct County Road 9Y2, and the County further agrees to have the road open to traffic before December 1, 2007. 3. Weld County will coordinate the construction activities of County Road 9'/2 such that it will not cause delay to CDOT project 1M 0253-164 (1-25 Widening). 4. All project development activities for the County Road 9Y2 project, including right-of- way and environmental clearances, shall be the responsibility of the Weld County. 5. The construction and phasing of the project shall be conducted to maintain access to existing houses and parcels. 6. Weld County shall follow the environmental mitigation actions summarized in Exhibit B (Table 2) of the "I-251SH66 Frontage Road Environmental Assessment Re-evaluation", dated October 2005, herein incorporated by reference. This shall include possible construction scheduling restrictions for bald eagles, which shall be coordinated with CDOT to not cause delay to the widening of 1-25. The hazardous materials site investigations should be performed for the gravel mine and any LUST sites prior to the purchase of right-of-way. The Materials Management Plan should be prepared for any gas well properties. 7. Weld County shall accept the Weld County portion of the Frontage Road to be abandoned by the Transportation Commission within ninety (90) days from the date of that resolution. 4 Ill. COMMITMENTS ON THE PART OF THE TOWN OF MEAD 1. The Town of Mead agrees to work with Weld County to construct County Road 9Y2, and the Town of Mead further agrees to have the road open' to traffic before December 1, 2007. 2. The Town of Mead further agrees to work with Weld County to coordinate the construction activities of County Road 9Y2 such that it will not cause delay to CDOT project IM 0253-164 (1-25 Widening). 3. The Town of Mead shall follow the environmental mitigation actions summarized in Exhibit B (Table 2) of the "I-251SH66 Frontage Road Environmental Assessment Re-evaluation", dated October 2005, herein incorporated by reference. IV. COMMITMENTS ON THE PART OF THE TOWN OF FIRESTONE The Town of Firestone, by signing this agreement, has passed an ordinance from its Board of Trustees accepting the -abandoned portions of the Frontage Road located in the Town of Firestone, as shown in Exhibit A-1, within ninety (90) days after notification of the abandonment by the Transportation Commission. Upon acceptance by the Town of Firestone, that portion of the abandoned Frontage Road located within the Town of Firestone will become part of the Town's road system and the sole responsibility for both minor and major maintenance will be transferred from the State to the Town of Firestone. These actions will take place pursuant to §43-2-106, Colorado Revised Statutes, as amended. V. REPRESENTATIVES AND NOTICE The State will provide liaison with the Local Agencies through the State's Region Director, Region 4, 1420 2"d Street, Greeley, Colorado 80631. Said Region Director will also be responsible for coordinating the State's activities under this contract. All. communications relating to the day-to-day activities for the work shall be'exchanged 5 between representatives of the State's Transportation Region 4 and the Local Agencies. All communication, notices, and correspondence -shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: Scott Ellis CDOT Region 4 Resident Engineer 2207 E. HWY 402 Loveland, Colorado 80537 (970)622-1267 If to the Town of Mead: Michael Friesen Town Manager Town of Mead P.O. Box 626 Mead, CO 80542 (970) 535-4477 If to Weld County: Wayne Howard, P.E. Senior Engineer Weld County Public Works POB 758 Greeley, Colorado 80632-0758 970-356-4000, Extension 3788 If to the Town of Firestone: Cheri Anderson Town Administrator Town of Firestone P.O. Box 100 Firestone, CO 80520 (303)833-3291 VI. GENERAL PROVISIONS 1. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other 2 amendment hereto shall have any force or affect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing. . Each party, to the extent authorized by law, shall be responsible for all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by such party or its employees, agents, subcontractors, or assignees pursuant to the terms of this agreement. This contract is intended as the complete integration of all understandings between - L the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written executed and approved pursuant to the State Fiscal Rules. 4. This contract shall inure to the benefit of and be. binding upon the parties, their successors and assigns. 5. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. 6. It is expressly understood and agreed that Weld County, the Town of Mead or the Town of -Firestone or their employees, contractors, consultants, or assigns shall not in any respect be deemed an agent of the State. 7. It is expressly understood and agreed that enforcement of the terms and conditions of this contract, and all rights of action relating to, such enforcement, shall be strictly reserved to the Parties, and nothing contained in this contract shall give or allow any such claim or right of action by any other or third person on such contract. Further, it is the express intention of the Parties that any person other than parties hereto that may receive services or benefits under this contract shall be deemed to be an incidental beneficiary only. 8.. The Local Agencies each represent and warrant that they have taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this contract on behalf of 7- said public entity, and to bind said public entity to its terms. 9. The laws of the State of Colorado and rules and regulations issued pursuant . thereto shall be applied in the interpretation, execution and enforcement of this agreement.. Any provision of this agreement whether or not incorporated herein by reference which provides for arbitration by any extra judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available In any action at law whether by of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this agreement to the extent that the agreement is capable of execution. 10. At all times during the .performance of this agreement, the parties shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 11. Except for the agreements listed in the recitals and except as otherwise stated herein, this agreement is intended as the complete integration of all understandings between the parties. 8 SPECIAL PROVISIONS The Special Provisions apply to all contracts exce.ot where noted in italics. 1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or designee. 2. FUND AVAILABILITY. CRS 24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. Contractor shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. [Applicable Only to Intergovernmental Contracts] No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or otherwise provide such coverage. Contractor shall have no authorization, express or implied, to bind the state to any agreement, liability or understanding, except as expressly set forth herein, Contractor shall provide and keep in force workers' compensation (and provide proof of such insurance when requested by the state) and unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents. 5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra -judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract, to the extent that this contract is capable of execution. At all times during the performance of this contract, Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. (Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. C RS 24-30-202 (1) and 24-30-202.4. The State Controller may withhold payment of certain debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support debt or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State or its agencies, as a result of final agency determination or reduced to judgment, as certified by the State Controller. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies that, for the term of this contract and any extensions, Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. 9. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. 10, [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS —PUBLIC CONTRACTS FOR SERVICES AND RESTRICTIONS ON PUBLIC BENEFITS, CRS S-17,5-101 and 24-76.5-101. Contractor certifies that it shall comply with the provisions of CRS 8-17.5-101 et seq. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise shall comply with the requirements of CRS 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with any requirement of this provision or CRS 8-17.5- 101 et seq., shall be cause for termination for breach and Contractor shall be liable for actual and consequential damages. 10 Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of CRS 24-76.5-101 et seq., and (iii) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date of this contract. Revised October 25, 2006 Effective Date of Special Provisions: August 7, 2006 9 I'IE PARTIES HERETO HAVE EXECUTED THIS CONTRACT THIS AGREEMENT is made by and between the STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"), the COUNTY OF WELD, FEIN: 846000813 ("Weld County' or "Local Agency'), and the TOWN OF MEAD, FEIN: 846008552, ("Town of Mead" or "Local Agency'), and the TOWN OF FIRESTONE, FEIN: 840736777 ("Town of Firestone" or "Local Agency'), collectively referred to as the "Parties." Project Number: C 0253-197 Contract Number: 07 HA4 00025 CONTRACTOR: Weld County, Legal Name of Contracting Entity 846000813 , Federal ID Number Signature of"William H. Jerke, Acting Chair Pro—Tem 10/25/2006 William H. Jerke, Acting Chair Pro=Tem CORPORATIONS: (� corporat,@ atteptatiign is required.) Attest (Seal) By V. the Board) (Plat Effective Date: August 1, 2005 10 rE",MIN� THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT THIS AGREEMENT is made by and between the STATE OF COLORADO' or the.use and benefit of THE DEPARTMENT OF TRANSPORTATION ("State" or "CDOT'), the COUNTY OF WELD, FEIN: 846000813 ("Weld.County' or 'Local Agency'), and the TOWN OF MEAD,. FEIN: 846008552, ("Town of Mead" or "Local Agency"),.. and the`TOWN OF FIRESTONE, FEIN: 840736777 ("Town of Firestone" or "Local Agency'), collectively referred to as the "Parties." Project Number:: C 0253-197 Contract Number: 07 HA4 00025 CONTRACTOR:. Town of Mead Legal Name of Contracting Entity. 846008552 Federal ID Number Signature of Author zed Officer ichard W. Macomber, Mayor CORPORATIONS: (A corporate attestation is required.) Attest Seal 81 Ali a %Candace Bridgewater, Town Clerk (Place corporate seal here, if available) Effective Date: August 1, 2005 11 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT THIS AGREEMENT is made by and between the STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF TRANSPORTATION("State" or "CDOT"), the COUNTY OF WELD, FEIN: 846000813 ("Weld County' or "Local Agency'), and the TOWN OF MEAD, FEIN: 846008552, ("Town of Mead" or "Local Agency'), and the TOWN OF FIRESTONE, FEIN: 84073677.7 ("Town of Firestone" or "Local Agency"), collectively referred to as the "Parties." Project Number: C 0253-197 Contract Number: 07 HA4 00025 CONTRACTOR: Town of Firestone Legal Name of Contracting Entity 840736777 Federal ID Number Signature of Authorized Officer Print Name & Title of Authorized Officer CORPORATIONS: Qc- (A.corporate attestation is required.) r c Igo, Attest (Seal) By ILI �j p (Corpor a ecreta r Equivalent, or ow lCity/County Clerk) (Place' ` e seal her A ei,401e) Effective Date: August 1, 2005 12 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT THIS AGREEMENT is made by and between the STATE OF COLORADO for the use and benefit of THE DEPARTMENT OF TRANSPORTATION ("State" or "CDOT"), the. COUNTY OF WELD, FEIN: 846000813 ("Weld County' or "Local Agency'), and the TOWN OF MEAD, FEIN: 846008552, ("Town of Mead" or "Local Agency'); and the TOWN OF FIRESTONE, FEIN: 840736777 ("Town of Firestone" or "Local Agency'), collectively referred to as the "Parties." Project Number: C 0253-197 Contract Number: 07 HA4 00025 STATE OF COLORADO: BILL OW ENS, GOVERNOR iy (�L Executive Director Department of Transportation LEGAL REVIEW: JOHN W.SUTHERS ATTORNEY GENERAL Y IV. ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts: This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LE I. SHENEFELT V Date J Effective Date: August 1, 2005 13 EXHIBIT "A" PROJECT NUMBER: IN 0252-164 PARCEL lUMMER : 1 PROJECT CODE: 15762 DATE: August 25, 2006 Revised October 10, 2006 (Sheet 1 of 6) DESMIPTIO A tract or parcel of land No. 1 of the. Department of Transportation, .State of Colorado, Project No. IN0252-164 containing 311265 square feet (7.146 Acres), more or less, in Section 2, Township 2 North, Range 68 West, of the Sixth Principal Meridian, in Weld County, Colorado, said tract or parcel of land being more particularly described as follows; Beginning at the Southwest corner of said Section 2; Thence N 79035,44, E, a distance of 1119.60 feet to a point on the Existing Westerly right-of-way line of said frontage road (August 2006);-said point being the True point of Beginning: 1. Thence along said Westerly right -way lire the following three (3) Courses: (1) N 1*01'08"E a distance of 130.08: (2) Along a curve to the left, whose radius is 756.181, whose long chord bears N 26627,49• W - 521.85', an arc distance of 532.80 feet; (3) N 46038,0456• W, a distance of 559.73 feet; 2. Thence departing said Westerly right-of-way line, N 43019'05' E,,a distance of 37.00 feet; 3. Thence N 46040'55• W, a distance of 36.37 feet: 4. Thence along a curve to the right, whose radius is 1209.351, whose long chord bears N 266071421 W - 705.531, an arc distance of 715.94 feet; 5. Thence N 5*01,34, W, a distance of 732.40 feet; 6. Thence along a curve to the right, whose radius is 9608.671, whose long chord bears N 4630134• W - 39.951, an are distance of 39.95 feet, to a point on the South right-of-way line of Weld County Road 24.5 extended; 7. Thence S 89057.43• E along said South line, a distance of 158.94 feet to a point on the easterly right-of-way line of said frontage road; B. Thence along said Easterly right-of-way line of said frontage road the following eight (8) courses; (1) S 39057,03• W, a distance of 85.22 feet; (2) S 4159,42• E, a distance of 697.97 feet; (3) Along a curve to the left, whose radius is 882.751, whose long chord bears S 25049119, E - 627.721, an arc distance of 627.72 feet; (4) S 46°38'56' E, a distance of 239.81 feet; (5)' S 40*56.18, E. a distance of 65.94 feet; (6) S 46038,56' E, a distance of 299.56 feet; C MOJECP9 ISM2WARCUI REVISED 14142MDOC EXHIBIT "A" PROJECT NUMBER: IN 0252-164 PARCEL NUMB=s 1 PROJECT CODE: 15762 DATE: August 25, 2006 Revised October 10, 2006 (Sheet 2 of 6 ) (7) Along a curve•to the right, whose radius is 884.13', whose long chord bears S 23'24134' E - 697.711, an arc distance of 717.21 feet; (8) S 0°10'12' E, a distance of 40.71 feet; 10. Thence S 86003'49' W, a distance !of 135.24 feet to the point of beginning. Said described parcel of land containing 306,473 Square Feet (7.036 Acres), more or less. Basis of Bearings: All bearings are based on a line connecting the SW corner of Section 2 (Position controlled by a witness corner being a 2.5' Alum, Cap 37 feet South of the corner, PLS 72351, T. 2 N., R. 68 W. 6th P.M. and the W1/4 corner of said Section 2 (CDOT type 2A monument in range box, PLS 18482), as bearing N.00 08, 11' E. This description is based upon available documents, maps and drawings and is not the result of a field survey. For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS #16412 1420 end. St. Greeley, CO. 80631 DGM, Region 4, Checked Sy: .,+� aa;ti:::!,R6;.'.vew.'s.,c-.xsbAa?!:33.lil:a-�..:..,.a....:,°.-�,x�..?td:;lri•:d: wr�crc,....,.:...w..-..,,i,.aras°➢rwx�,.m+--.;t,..rs4i.. ..,+k�.k`.w.5a ,.-::�;,.s,.:�:k.�s:+;-._,_._,_ _ _..-,_r r .v,... EXHIBIT "A" PROJECT NU1BERs IN 0252-164 PARCEL NUMBER: 2 PROJECT ' CODE t 15762 DATE, August 25, 2006' Revised October 10, 2006 (Sheet 3 of 6) 8 ' WELD COUNTY ROAD 24.5 W 114 CORNER SECTION 2, 10 T2N, R68W, 6TH P.M. 12 TATE EXISTING EASTERLY ROW 1 25 6 LINE OF FRONTAGE ROAD ' 5 13 .4 14 - BASIS OF 15 BEARINGS. 20 3. 2 16 S 19 1 7 SW CORNER SECTION 2, 18 T2N; R68W, T.P.O.B. 6TH P.M. , WELD COUNTY ROAD 24 REVISED 10-10-2006 Tide: Date: 10-10-2006 Scale: I inch = 400 feet File: 001=N1.OlO8E 130.08 ODC RL R-9Rw" A w- 93 eeg-lu.wxw. cis�s9.9s . , 015-546.3856E 299.56 002: LL R-736.I=222110 }h�S92S27HW.Ud-S21.dS 009='S$9.5743E 158.94' ole xr. R-aul , 717? beg-SD2�31E. .71 003=N46.3856W 559.733 010=539.5703W 85.22 017=50.1012E 40.71 004=N43.1905E 37 011=54.5942E 69797 018=S86.0349W 135.24 �715A 7 012:LLR-1�7 'NCYNI.7G �rsas�ls�.sCxa�at7.72 . O] 9=579.3544W 1 119.60 oZMks ' �."w, 6�•� 013--S46.3856E 239.81 020=N0.0801 E 2668.50 007=N5.0134W 732.40 014-�40.561 SE 65.94 nFi:Slw•.]h4W12S�'r^.�SiLyMW.9uCTliy';ur�"-wu+tilNu.a'.wm'._oiw�Riiti�"k.ewe:i='`xm'T'•""�"'ki4tiaY1•d:.f&!•�'s.ynb-::.i:;+!ai6'�:'..dv%i�7..wriluC..i�hS'»K.:.e?,�wL'N�w.. w.LL1.:li.�a =_Li'.ii1 ..,.e.a•....t�•:.-_.i,+..,Ls i.ui...�.uJv&.,...: EXRIBIT "A" PROJECT NMER: IN 025a-164 PARCEL NUMBER: ' 2 PROJECT CODE: 15762 DATE: August 25, 2006' Revised October 10, 2006 (Sheet 4 of 6) LEGAL IMOMPTIDN A tract or parcel of land No. 1 of the Department of Transportation, State of Colorado, Project No. IM 0252-164 containing 418280 square feet (9.602 Acres), more or less, in Section 2, Township 2 North, Range 68 West and Section 35, Township 3 North, Range-68 West of the Sixth Principal Meridian, in weld County, Colorado, said tract or parcel of land being more particularly described as follows: Beginning at the Southwest corner of said Section 2; Thence N 1"50140' E, a distance of 2639.71 feet to,a point on the Northerly line of the Southwest % of said Section 2, said point being the True point of Beginning; 1. Thence along a curve to the right, whose radius is 9608.67' whose long chord bears N 3009117' W - 414.33, an arc distance of 414.36 feet; 2. Thence N 1046,14' W, a distance of 593.37,feet; 3. Thence along a curve to the right, whose radius is 9154.121, whose long chord bears N 0023'191 E - 664.861•, an arc distance of 604.98 feet; 4. Thence along a curve to the left, whose radius is 13722.411, whose long chord bears N 1005'36' E - 854.451, an arc distance of 854.60 feet; 5. Thence N 0010'20' W, a distance of 591.56 feet; 6. Thence N 2*28,15' E, a distance of 914.41 feet to a point on the Easterly right-of-way line of said frontage road; 7. Thence along said Easterly right-of-way line the following three (3) courses; (1) S 6°14'08" E, a distance of 601.98 feet; (2) Along a curve to the right, whose radius is 3379.26', whose long chord bears S 3007142, E - 366.34', an arc distance of 366.52 feet; (3) S 0*01,16' E, a distance of 185.96 feet; 8. Thence S 0601116' E, a distance of 360.57 feet to a point on the Easterly right-of-way line of said frontage road; 9. Thence along said Easterly right -=of -way line the following eight (8) courses; (1) S 0901,16' E, a distance of 241.51 feet; (2) Along a curve to the right, whose radius is 9940.93', whose long chord bears S 1*43,34' W - 606.241, an arc distance of 6 06. 33 feet; (3) S 3°28'25' W, a distance of 23.48 feet; i (4) Along a curve to the left, whose radius is 9744.08', whose long chord bears S 1°52.54' W - 541.351, an arc distance of 541.42 i feet; (5) S 0'01'20' E, a distance of 246.52 feet; C TROlEMISNWARCEIs REVISED 1610-M&DOC aNO"-4.riiWa i'�hJs3sSrsiiA.�.�,Y���rc�."�,; �.,M �a�:i�ti.s...�;�...•,,:.,�..,. -:.r u�Yra:,.�..,;.:r�ar: ,'��,:,.a�.. ._,�i:.,..b5�'.��e�,�m .a..,c. .v..�E..�...�.�s°«_n, EXHIBIT "A" " PROJECT KMMER: XK 0252-;164 PARCEL DER: 2 PROJECT CODE: V0 62 DATE: August 25,•2006 Revised October 10, 2006 (Sheet 5 of 6) (6) Along a curve to the left, whose radius is 2766:361, whose long chord bears S 2930,35, E - 239.901, an arc distance of 239.98 feet; (7) S 40W 42' E, a distance of 438.53 feet; (8) S 34034,58' E, a distance_ of 79.43 feet to a point on the Northerly right-of-way line of weld County Road 24.5; 10. Thence S 0"02'17' W, a distance of 30.00 feet to a point on the North line of said Southwest One=Quarter of said Section 2; 11. 'Thence S 0002117, W. a distance of 30.00 feet to a point on the Southerly right-of-way line of Weld County Road 24.5; 11. Thence N 89657.43' W; and along said Southerly line and said line . extended, a distance of 158.94 feet to the Point of Beginning. Said described parcel of land containing 423,095 Square Feet (9.713 Acres), more or less. .Basis of .Bearings: All bearings are based on a line connecting the SW corner, of Section 2 (Position controlled by a witness corner being a 2.51,Alum. Cap 37 feet South of the corner, PLS 7239), T. 2 It., R. 68 W. 6th P.M. and the W1/4 corner of said Section 2 (CDOT type 2A monument in range box, PLS 18482), as bearing N.00 08, 11' E.. This description is based upon available. documents, maps and drawings and is not the result of a field survey. For and on Behalf of the Colorado Department of Transportation David G. Mantych, PLS *16412 1420 2nd. St. Greeley, CO. 80631 DGM, Region 4, Checked By: '..s - �-...w..mzwes.araaretes�:�•.:.--.•,.u=.':�e:',S.e:�.z�n...u�.zip'�`:�43:_.-.ti._,�'rsi.n,:..�.,,,K>, -ti�','wka�,x:.:.J._...; _---..._.a.�:::;:+�e:. EXHIBIT "An PROJECT NUMBER: IN 0252-1641 PARCEL NUMBER: 2 PROJECT CODEt 15762- DATE: August 25, 2006 Revised October 10, 2006 (Sheet 6 of 6) � 3 SCALE I" = 600' 0ok: st• Rm960U7. Aw4)4J6 Bn0-tl3.091'N.�k433 0 002=n 1.4614w 593.37 5 00: PA A . 1 005= 0.1024w 591.56 006=n2.2815e 914.41 007=s6.1408e 601.98 2 ooa w a-s��D= .52 k=a� a7 143X379C-W J4 009=s0.0116e 185.96 010=0.0116e360.57 011 =S0.01 l6e 241.51 3 33 . eon-�ku�+.�.aa-baa.rA 013=0.2825w 23.48 STING EASTERLY ROW. OU: Ll. B°97N.Di. An�SIkA2 kia�ka25gr. Sak 3i 4 LINE OF FRONTAGE ROAD 015=s0.0120e 246.52 uie: u kt-ttwa, �s.9a kla�2.7Wlt.Qd�739.9F1 017=4.5942e 438.53 3 018=&M.3458e 79.43 019-s0.0217w 30 5 020=s0.0217w 30 021=n89.5743w 158.94 022=s1.5040w 2639.71 023=40801e 2668.50 .2 6 7 T.P.O.B. 189 W 1/4 CO7;)R WELD COUNTY ROAD 24.5 SECTION20 T2N, R6821 6TH P.M. , BASIS OF BEARINGS _'L INTERSTATE 25 23 22 i SW CORNER i SECTION 2, T2N, R68W, 6T 4 P.M. WELD COUNTY ROAD 24 REVISED 10-10-2006 Exhibit B 1-25 / SH 66 Frontage Road Environmental Assessment Reevaluation Table 2 Mitigation Actions for Reevaluation Area Resource Mitigation Actions for Reevaluation Area Environmental Assessment Alternative Weld County Road 91/2 Alternative Land Use and Economic Impacts Same as 1994 EA and FONSI. Same as 1994 EA and FONSL Right-of-way, Displacements and Relocations Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Utilities Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Prime Farmland Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Total Cost Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Archaeological Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Paleontological Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Historical Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Park Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Visual/Aesthetic Resources Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Air QuaI4 Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Noise Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Ecology Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Threatened and Endangered Species. Possible construction scheduling restrictions for bald eagles. Possible construction scheduling restrictions for bald eagles. Wetlands Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Flood plains/Drain age Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Water Quality Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Geology/Soils Same as 1994 EA and FONSI. Same as 1994 EA and FONSI. Hazardous Materials Site investigations should be considered for any LUST sites prior to purchase of right-of-way. Site investigations should be considered for the gravel mine and any LUST sites prior to purchase of right-of-way. Materials management plan should be prepared for gas well property. Environmental Justice None. None. Bicycle and Pedestrian None. None. Construction and Phasing Unchanged from EA and FONSI. Must be phased to maintain access to existing houses and parcels. Frontage Road Services None. None. 4 RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF WELD COUNTY ROAD 9.5 ANDTHE TRANSFER OF PORTIONS OF THE 1.25 FRONTAGE ROAD AND AUTHORIZE CHAIRTO SIGN - COLORADO DEPARTMENT OF TRANSPORTATION, TOWN OF MEAD, AND TOWN OF FIRESTONE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with an Intergovernmental Agreement for the Construction of Weld County' Road 9.5, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Transportation, the Town of Mead, and the Town of Firestone, with terms and conditions being as stated in said agreement, and. WHEREAS, after review, the Board deemed it advisable to approve said agreement, a copy. of which is attached hereto and incorporated herein by reference, and WHEREAS, pursuant to Section 43-2-106, C.R.S., after review, the Board deemed it advisable to accept the transfer of ownership for portions of the Interstate 25 Frontage Road, north of State Highway 119, from the Colorado Department of Transportation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, thatthe Intergovernmental Agreement forthe Construction of Weld County Road 9.5, among the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Colorado Department of Transportation, the Town of Mead, and the Town of Firestone, be, and hereby is, approved. BE IT FURTHER RESOLVEDby the Board thatthe Chair be, and hereby is, authorized to sign said agreement. BE IT FURTHER RESOLVED by the Board that the transfer of ownership for portions of the Interstate 25 Frontage Road, north of State Highway 119, from the Colorado Department of Transportation,,be, and hereby is, accepted. 2006-2982 BC0036 /r-o. e, 6 INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF WELD COUNTY ROAD 9.5 AND THE TRANSFER OF PORTIONS OF THE I-25 FRONTAGE ROAD - COLORADO DEPARTMENT OF TRANSPORTATION, TOWN OF MEAD, AND TOWN OF FIRESTONE PAGE 2 The above and foregoing Resolutionwas, on motion duly made and seconded, adopted by the following vote on the 25th day of October, A.D., 2006. BOARD OF COUNTY COMMISSIONERS. WELD COUNTY, COLORADO ATTEST: EXCUSED M. J. Geile, Chair Weld County Clerk to th d �► EXCUSED �t BY. David E. Long, Pro- Tem Dep Clerk iWthe Board Willi . Jerke, Acting Chair Pro-Tem P ED AS Robert . Masd n Attorney Glenn Va Date of signature: Exhibit D Resolution From Town of Mead TOWN OF MEAD, COLORADO RESOLUTION NO. 41-R-2006 A RESOLUTION OF THE TOWN OF MEAD, COLORADO, AUTHORIZING THE PARTICIPATION IN AN INTERGOVERNMENTAL AGREEMENT AMONG THE STATE OF COLORADO, WELD COUNTY, AND THE TOWNS OF MEAD AND FIRESTONE REGARDING THE ELIARNATION OF A PORTION OF THE I-25 FRONTAGE ROAD BETWEEN SH 119 AND SH 663 AND THE CONSTRUCTION OF WELD COUNTY ROAD 9 V2 AS ITS REPLACEMENT. WHEREAS, it is proposed that CDOT will widen Interstate 25 between SH 119 and SH 66, which, will necessitate the elimination of a portion of the east frontage road, and WHEREAS, it is the intent of the Parties to transfer the. remaining portion -of the frontage road from M.P. 241.33 to the northern right-of-way line of SH 119 from CDOT to Weld County and the Town of Firestone; and WHEREAS, CDOT will transfer $3.7 million to Weld County and the Town of Mead for the purpose of constructing Weld County Road 9 %z, and reestablishing the access to the frontage road; and WHEREAS, it is the intent of the Town of Mead to participate with the State of Colorado, Weld County, and the Town of Firestone in the elimination of a portion of the 125 Frontage Road and the construction of Weld County Road 9 '/z as its replacement, through an intergovernmental agreement to be signed by the Parties. NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Mead, Weld County, Colorado, that: Section 1. The intergovernmental agreement among the State of Colorado, Weld County, and the Towns of Firestone and Mead for the elimination of a portion of the 125 Frontage Road and the construction of Weld County Road 9 %z as its replacement, and the acceptance of $3.7 million allocated by CDOT for the construction of Weld County Road 9 %z is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized and directed to affix their . signatures and seal to the intergovernmental agreement among the State of Colorado, Weld County, and the Towns of Firestone and Mead approved above. Section 3. Effective Date. This resolution shall become effective immediately upon adoption. Section 4. Repealer. All resolutions, or parts thereof; in conflict with this resolution are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such resolution nor revive, any resolution thereby. Section 5. Certification. The Town Clerk shall certify to the passage of this resolution and make not less than one copy of the adopted resolution available for inspection by the public during regular ResokdkmRpprmingF25C00T*A2wW sraroa (10:44 am) Page 1 of 2 business hours. INTRODUCED, READ, PASSED, AND ADOPTED THIS 28t' DAY OF —August , 2006. ATTEST: TORdW. MEAD By By Candace Bridgwater, Town Clerk RieMacomber, Mayor ResotutionAPPr+tFt9�MCDOTIGA2M:-d 8f23" (10:44 Page 2 of - 2 Exhibit E Resolution From Town of Firestone RESOLUTION NO. 0 � —'4 9 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF COLORADO, COUNTY OF WELD, TOWN OF MEAD AND THE TOWN OF FIRESTONE REGARDING THE ELIMINATION OF A PORTION OF THE I-25 FRONTAGE ROAD BETWEEN SH 119 AND SH 66. WHEREAS, the State of Colorado, for the use and the benefit of the Department of Transportation (CDOT) has proposed to widen Interstate 25 between SH 119 and SH 66, which will necessitate, the elimination of a portion of the east frontage road; and WHEREAS, it is the intent of CDOT, Weld County, Town of Mead and the Town of Firestone for CDOT to transfer the remaining portion of the frontage road from M.P. 241.33 to the northern right-of-way line to Weld County and the Town of Firestone; and WHEREAS, CDOT will transfer $3.7 million to Weld County and the Town of Mead for the purpose of constructing Weld County Road 9 %z, and reestablishing the access to the frontage road; and WHEREAS, it is the intent of the Town of Firestone to participate with CDOT, Weld County and the. Town of Mead in the elimination of a portion of the I-25 Frontage Road, as more fully described in the Intergovernmental Agreement; and WHEREAS, the Town is authorized to enter into such Agreement and finds that such Agreement is in the best interests of the Town and its citizens. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, The proposed Intergovernmental Agreement between the State of Colorado for the use and benefit of the Department of Transportation, the County of Weld, .the Town of Mead, and the Town of Firestone to eliminate a portion of the 1-25 Frontage Road between SH 119 and SH 66 is hereby approved in essentially the same form as the copy of such Agreement accompanying this resolution. Section 2_ The Mayor is hereby authorized to execute the Agreement on behalf of the Town, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Agreement as the Mayor determines are necessary or desirable for the protection of the Town; so long as the essential terms and conditions of the Agreement are not altered. INTRODUCED, READ, and ADOPTED this day of 0 c4o , 2006. TOWN OF FIRESTONE, COLORADO Michael P. Simone ATTEST:. Mayor Hew d , 9 'SOW N °°g• � g own Clerk SQL �.: 102312046 4:15 PM[drdf 9:1F4esfonelResa1utionlCD0T 1GA I-25 Fronsege Raad.doc � / 0! hkmeeea°���� k v a�`y f ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE KUGEL SECOND ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Kugel Second Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -11 0, C.R.S., the Board of Trustees on November 9, 2006 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on October 4, 11, 18 and 25, 2006 in the WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: SPetinn 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Kugel. Second Annexation to the Town of Firestone, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition .for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this y' ' day of J1 QJ g m , r 2006. TOWN OF FIRE ONE, COLORADO Michael P. Simone, Mayor ATTEST: Ua ? TOWN egwo , Town e i !� SEAL Rl4Q?�"r Cddrf/� IIV l/�l•u�`�LI 4 i 8 EXHIBIT A - LEGAL DESCRIPTION: KUGEL SECOND ANNEXATION A STRIP OF LAND, 20.00 FEET IN WIDTH, LOCATED IN THE NORTH ONE-HALF OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING THE SAME PORTION OF LAND AS DESCRIBED IN AN EASEMENT DEED FOR USE AS A PUBLIC RIGHT-OF-WAY AS RECORDED AT RECEPTION No. 2732951, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 18 BEARS N89030'49"W (BASIS OF . BEARING) (PREVIOUSLY RECORDED AS N89°30'43"W), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S00017'52"E, 30.00 FEET (PREVIOUSLY RECORDED AS S0001756"E, 30.00 FEET) ALONG THE WEST LINE -OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO THE TRUE POINT OF BEGINNING; THENCE S89015'53"E, 2591.29 FEET (PREVIOUSLY RECORDED AS S89°15'55"E, 2591.37 FEET) TO THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 15; THENCE S00053'21"E, 20.00 FEET (PREVIOUSLY RECORDED AS S00053'19"E, 20.01 FEET) ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 15; THENCE N89015'53"W, 2591.50 FEET (PREVIOUSLY RECORDED AS N89015'55"W, 2591.57 FEET) TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE N89030'49"W, 2079.21 FEET (PREVIOUSLY RECORDED AS N89030'43"W, 2079.10 FEET)- TO THE EASTERLY RIGHT-OF-WAY LINE OF THE FORMER UNION PACIFIC RAILROAD COMPANY AS RECORDED IN -THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 305 AT PAGE 15, ALSO BEING THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE TOWN OF FIRESTONE AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER UNDER RECEPTION NO.2538622 IN BOOK 1596; THENCE ALONG SAID EASTERLY LINE N00°16'49"E, 20.00 FEET; THENCE S89030'49"E, 2079.01 FEET (PREVIOUSLY RECORDED AS S89030'43"E, 2078.90 FEET) TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 AND THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.14 ACRES MORE OR LESS (93,397 SQUARE FEET). 2 ORDINANCE NO. U z AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE KUGEL SECOND ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Kugel Second Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, the landowner of the property requested the R-1 Residential District zoning classification; and WHEREAS, the R-1 Residential District zoning classification is consistent with the Town's plan for the area encompassed by the Kugel Second Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the. Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Kugel Second Annexation to the Town of Firestone, the legal description of which- is set forth in Exhibit A attached hereto and- made a part hereof, is hereby zoned R-1 Residential District, pursuant to the zoning ordinances of the Town and the Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED -IN FULL this �' day of Y1 0 U-e 4 t r' 12006. TOWN OF FI 0 , COLORADO Michael P. Simone Mayor 1 ATTEST: y He od Town Clerk 1116t20062:41 PM Cedlj SVirestanelAnnexation\Central Park.zone.ord.dw � a 2 _ EXHIBIT A - LEGAL DESCRIPTION: KUGEL SECOND ANNEXATION A STRIP OF LAND, 20.00 FEET. IN WIDTH, LOCATED IN THE NORTH ONE-HALF OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING THE SAME PORTION OF LAND AS DESCRIBED IN AN EASEMENT DEED FOR USE AS A PUBLIC RIGHT-OF-WAY AS RECORDED AT RECEPTION No. 2732951, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 18, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 18 BEARS N89030'49"W (BASIS OF BEARING) (PREVIOUSLY RECORDED AS N89030'43"W), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S00° 17'52"E, 30.00 FEET (PREVIOUSLY RECORDED AS S00° 17'56"E, 30.00 FEET) ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO THE TRUE POINT OF BEGINNING; THENCE S89015'53"E, 2591.29 FEET (PREVIOUSLY RECORDED AS S89015'55"E, 2591.37 FEET) TO THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 15; THENCE S00°53'21 "E, 20.00 FEET (PREVIOUSLY RECORDED AS S00053'19"E, 20.01 FEET) ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 15; " THENCE N89015'53"W, 2591.50 FEET (PREVIOUSLY RECORDED AS N89015'55"W, 2591.57 FEET) TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE N89030'49"W, 207.9.21 FEET (PREVIOUSLY RECORDED AS N89030'43"W, 2079.10 FEET) TO THE EASTERLY RIGHT-OF-WAY LINE OF THE FORMER UNION PACIFIC RAILROAD COMPANY AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 305 AT PAGE 15, ALSO BEING THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE TOWN OF FIRESTONE AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER UNDER RECEPTION NO. 2538622 IN BOOK 1596; THENCE ALONG SAID EASTERLY LINE N0096'49"E, 20.00 FEET; THENCE S89030'49"E, 2079.01 FEET (PREVIOUSLY RECORDED AS S89°30'43"E, 2078.90 FEET) TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 AND THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.14 ACRES MORE OR LESS (93,397 SQUARE FEET). I(IIIIIIIIII(IIIIIII _ 3633682 07/01/2009 1 of 2 R 11.00 ID 682 " iiiiiiiiiiiiiiiiiiiiiillillilillilI 11:35A Weld County, CO 0.00 Steve Moreno Clerk & Rernrder ORDINANCE NO. 6 aS- AN ORDINANCE APPROVING AN ANNEXATION TO THE TOWN, OF FIRESTONE, COLORADO KNOWN AS ' THE FIRESTONE 7TH ANNEXATION, PARCEL A ANNEXATION WHEREAS, a petition for annexation of three certain parcels of unincorporated property, to be known as the Firestone 7th Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone, the first of which parcels is described in Exhibit A attached hereto; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on November 9, 2006 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on October 4, 11, 18 and 25, 2006 in the MeMe.NTI .�e I W, I .jgI WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sestinl] I The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as Parcel A of the Firestone 7th Annexation to the Town of Firestone, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section.2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of n ae w b,tr- , 2006. ATTEST: &� -e' d Hegwoo To le k TOWN OF STONE, COLORADO Michael P. Simone, Mayor �!`�� 4921 TO i6 SS&L • I�'�QsyyMNN�'� �lh�UM'Y Please oeu,,,s T®o Town of FiMs$®ne P.O. Box 100 Firestone, co a0u0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3633682 07/01/2009 11:35A Weld County, CO 2 of 2 R 11.00 13 0.00 Steve Moreno Clerk & Rwjrde:- EXHIBIT A - LEGAL DESCRIPTION: FIRESTONE SEVENTH (7`k) ANNEXATION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 12, AND THE EAST HALF OF SECTION 13; TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED BEARING OF S89c'53'08"W WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S01046'29"W, 47.66 FEET; THENCE N88c44'09"W, 458.78 FEET; THENCE N88026'36"W, 223.80 FEET; THENCE NO1°46'29"E, 50.00 FEET; THENCE S88026'35"E, 682.56 FEET TO THE POINT OF BEGINNING 11I612Q06 2:35 PM [a] S'AFirestone\AnnexadonWirestone 7th (ROW) Parcel A ord.doc 4 s 11111111 HE 1111111111111111 IN 1111111111111111111111111 IN 3633583 07101l2009 11:35A Weld County, CO 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO�Z� AN ORDINANCE APPROVING ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO KNOWN AS THE FIRESTONE 7TH ANNEXATION, PARCEL B ANNEXATION WHEREAS, a petition for annexation of three certain parcels of unincorporated properly; to be known as the Firestone 7th Annexation to the Town of Firestone, has been filed with the Board. of Trustees of the Town of Firestone, the second of which parcels is described in Exhibit A attached hereto; and WHEREAS, pursuant to Sections 31-12408 to -110, C.RS., the Board of Trustees on November 9, 2006 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on October 4, 11, 18 and 25, 2006 in the fey .iu' .I, I 1/ W,- W e . WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terns and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as Parcel B of the Firestone 7th Annexation to the Town of Firestone, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this `�` day of V] oV e m'b r^ , 2006. TOWN OF STONE, COLORADO Michael P. Simone, Mayor Q— ATTEST:O)V4 �p�N L u Hegw , To k 5 it,�UMy , Town of Firestone P.O. Box 100 Firestone, CO.80520 W I�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3633683 07/01/2009 11:35A Weld County, CO 1 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION. FIRESTONE SEVENTH (7`h) ANNEXATION A PARCEL OF .LAND LOCATED IN THE EAST HALF OF SECTION 12, AND THE EAST HALF OF SECTION 13; TOWNSHIP 2 NORTH, RANGE 68 WEST OF -THE 6TH PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL B BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 13, TOWNSHIP 2 NORTH, RANGE 68 WEST; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 TO HAVE AN ASSUMED BEARING OF S00015'18"W WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S00015'18"W, 1,881.33 FEET; THENCE N89004'42"W, 50.00 FEET; THENCE N00°15'18"E, 1,881.33 FEET; THENCE N89012'58"W, 73.45 FEET; THENCE N00050'24"E, 50.00 FEET; THENCE S89009'37"E, 65.62 FEET; THENCE 23.75 FEET ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 14.95 FEET, A CENTRAL ANGLE OF 91000'58", AND A CHORD WHICH BEARS N4503118"E, 21.33 FEET; THENCE N00005'34"E, 427.74 FEET; THENCE S89054'29"E, 42.00 FEET; THENCE S00005'34"W, 493.46 FEET TO THE POINT OF BEGINNING. 11/6/2006 2:31 PM [edl] S TirestoneUnnexationTirestone 7th (ROW) Pace] A ord.doc 2 1p 684 3633684 07/01/2009 11:35A Weld County, CO 1 of 2 R 11.00 ID 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. & Z 7 AN ORDINANCE APPROVING AN ANNEXATION TO THE TOWN OF TH FIRESTONE, COLORADO KNOWN AS THE FIRESTONE 7 . ANNEXATION, PARCEL C ANNEXATION WHEREAS, a petition for annexation of three certain parcels of unincorporated property, to be known as the Firestone 7th Annexation to the Town of Firestone, has been filed with the Board -of Trustees of the Town of Firestone, the third of which is described in Exhibit A attached hereto; and . WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on November 9; 2006 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on October 4, 11, 18 and 25, 2006 in the Carbon Valley Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: ,Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as Parcel C of the Firestone 7th Annexation to the Town of Firestone, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Sectinn 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED -PUBLISHED IN FULL this �1 day of VA 0 U e wt he f , 2005.. ATTEST: do y Hegw d, Toveerk TOWN OF FIBS' ONE. COLORADO Michael P. Simone, Mayor 1�. STONo' io u SE &L : R Town Of RrEaStone P.O. Box 100 Firestone, CO 80520 .. 3633684 07/01/2009 11:35A Weld County, CO 2 of 2 R 11.00 13 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: FIRESTONE SEVENTH (7`h) ANNEXATION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 12, AND THE EAST HALF OF SECTION 13; TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF COLORADO, BEING MORE , PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL C COMMENCING AT THE EAST QUARTER CORNER OF SECTION 13,. TOWNSHIP 2 NORTH, RANGE 68 WEST; THENCE N89039'07"W, 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00015'28"W, 2,146.76 FEET; THENCE N89°51'35"W, 30.00. FEET; THENCE N00°15'28"E, 2,146.87 FEET; THENCE S89039'07"E, 30.00 FEET TO THE POINT OF BEGINNING 11/612006 2:53 PM [edl] 5:1FirestonelAnnm ion\Firestone Ah (ROW) Parcel C ord.doc 2 c,,- vi1 ®f Firestone P.O. Box 100 ' 3633685 07/01/2009 11:35A Weld County, CO 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder 6� ORDINANCE NO. In 7 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN ,OF FIRESTONE AND KNOWN AS THE FIRESTONE 7TH ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Firestone 71h Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, the landowner of the property requested the R-1 Residential District zoning classification; and WHEREAS, the R-1 Residential District zoning classification is consistent with the Town's plan for the area encompassed by the Firestone 7th Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. . That certain property known as the Firestone 7th Annexation to the Town of . Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned R-1 Residential District, pursuant to the zoning ordinances of the Town and the Town zoning map shall be amended accordingly. INTRQDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this °! day of 0 0 v{ m. 61 r ' , 2006.. TOWN OF FI ONE, COLORADO Michael P. Simone Mayor 1 IIIIII IIIII IIlIII IIIIII IIII IIIIII IIIII III IIIII IIII IIII � 3633685 07/01/2009 11:35A Weld County, CO 2 of 4 R 21.00 ID 0.00 Steve Moreno Clerk & Recorder �T ATTEST: 100, jdy Heg ad . ti Town Clerk S t' 11l6n006 211 PM [edl] S:TirestonelAnn-dioolFirestone 7th (ROW) zone.ord.doc 1 I Town -i' FW,3stone P.O. BOX -100 Firestone 30520 „r.c- "•`j ' 'ice .`; �� .� I Ill llllll ll III Illll IIII Illl ` llllllllllll lllllllllllllll 3633685 07101/2009 11:35A Weld Coup tY, CO 3 of 4 R 21.00 ID 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: FIRESTONE SEVENTH (7tk) ANNEXATION A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 12, AND THE EAST HALF OF SECTION 13; TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 12, TOWNSHIP 2 - NORTH, RANGE 68 WEST, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12 TO HAVE AN ASSUMED BEARING OF S89053'08"W WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SO 046'29"W, 47.66 FEET; THENCE N88°44'09"W, 458.78, FEET; THENCE N88026'36"W, 223.80 FEET; THENCE N01 °46'29"E, 50.00 FEET; THENCE S88026'35"E, 682.56TEET TO THE POINT OF BEGINNING AND ALSO, PARCEL B BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 13, TOWNSHIP 2 NORTH, RANGE 68 WEST; AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 TO HAVE AN ASSUMED BEARING OF S00°15'18"W WITH. ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE'S00015'18"W, 1,881.33 FEET; THENCE N89°04'42"W, 50.00 FEET; THENCE N00015'18"E, 1,881.33 FEET; THENCE N89012'58"W, 73.45 FEET; THENCE N00050'24"E, 50.00 FEET; THENCE S89009'37"E, 65.62 FEET; THENCE 23.75 FEET ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 14.95 FEET, A CENTRAL ANGLE OF 91 °00'58", AND A CHORD WHICH BEARS N45031' 18"E, 21.33 FEET; THENCE N00005'34"E, 427.74 FEET; THENCE S89054'29"E, 42.00 FEET; THENCE S00005'34"W, 493.46 FEET TO THE POINT OF BEGINNING. 3 bless.; r{ s sr Tv. Town ®f i-fest® ne P.O. B0X 100 Firesta00y CO 80520 j3633685 071 11/2009 11:35A Weld County, CO 4 of 4 R 21.00 13 0.00 Steve Moreno Clerk & Recorder AND ALSO, PARCEL C COMMENCING AT THE EAST QUARTER CORNER OF SECTION 13, TOWNSHIP 2 NORTH, RANGE 68 WEST; THENCE N89039'07"W, 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00015'28"W, 2,146.76 FEET; THENCE N89051'35"W, 30.00 FEET; THENCE N00° 1528"E, 2,146.87 FEET; THENCE S89039'07"E, 30.00 FEET TO THE POINT OF BEGINNING SAID PARCELS CONTAIN 4.98 ACRES (216,892 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIONS OF RECORD OR THAT NOW EXIST ON THE GROUND. 4 ORDINANCE NO. Q AN ORDINANCE AMENDING SECTION 17.31.030 OF THE FIRESTONE MUNICIPAL CODE REGARDING GARAGE, YARD AND ESTATE SALE SIGNS WHEREAS, the Board of Trustees has previously adopted a sign code for the Town, the provisions of which are codified in Chapters 17.30 and 17.31 of the Firestone Municipal Code and in related provisions of the Firestone Development Regulations; and . WHEREAS, the Board of Trustees desires to amend Section 17.31.030 of the sign code regarding the placement of signs advertising garage, yard and estate, sales. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 17.31.030.0. of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in seeit; words.to be added underlined): 17.31.030 Signs allowed without a permit. 0. Garage, Yard, and Estate Sale Signs. Signs directing the public to a garage, yard, or estate sale shall be allowed as follows: 1. Any number of garage, yard, or estate sale signs may be located on private property. , 2. No such sign shall be posted on private or public property or be placed in a public right-of-way except in compliance with this section.ufless issued pufsuai# to 96efien ; 3. All garage, ;yard, and estate sale signs shall comply with all of the following requirements: a. No sueh sign shall be attached to any utility pole, utility.box or other public facility, or located within a siglt triangle established for an intersection or street, or otherwise placed in a manner that creates a hazard for automobiles or pedestrian traffic; aPA b. Sueh sNo signs shall not be posted more than forty-eight (48) hours prior to the first day of the sale, shall be remeved or remain posted later than 7:00 p.m. on the day after the last day of the sale, and shall not be C. No sigp shall be tar er than six 6 square feet,• d. No siggshall be posted higher than six (6) feet above Uound level, and e. There shall be legibly stated on each sign the name and address of the person conducting the garage, yard or estate sale advertised thereby, and the end date of the sale advertised thereby. 4. A violation of this subsection 0. shall be punishable by a fine in an amount of up to one hundred dollars ($100.00). Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish,'alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTROUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this % 4/"day of D e Cam¢ yyl &r , 2006. TOWN OF FI ONE, COLORADO Michael P. Simone Mayor Attest: �J dy Hefwood TOWN Town Clerk SEAL V3II2007 5:30 Wjedl] C Oowmemts and SettingsJhegwoo(lhly Do mmentslORDRJANCESNOrd 629 - SignCodeAmend Ga% V..d).d.. 2 .f��1i��+nfi'T ORDINANCE NO. Lao AN ORDINANCE AMENDING SECTION 5.08.090 OF THE FIRESTONE MUNICIPAL CODE TO ESTABLISH A MODIFICATION OF PREMISES APPLICATION FEE WHEREAS, pursuant to C.R.S. § 12-47-505 (4), the Town may determine the amounts of certain liquor license application fees required to cover actual and necessary expenses; subject to certain limitations; and WHEREAS, the Board of Trustees desires to establish a fee for applications for modification of licensed premises to cover the Town's expenses incurred in processing such applications. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.090 of the Firestone Municipal Code is hereby amended by the addition of a new subsection H to read as follows: 5.08.090 Fees-- Application and registration fees. The following license application and registration fees shall be paid to the town for all liquor licenses: R Each application for modification of licensed premises 'shall be accompanied by a modification of premises fee in the amount of one hundred fifty dollars. - Section 2. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to, the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I 10" day of ItCtM ber , 2006. TOWN OF FIRES T E, COLORADO Michael P. Simone Mayor 1 ATTEST: a. y He ood own Clerk 12/7120M 4:59 PM]ed]]Y:1FirestonelOrdina m\ModificationPremisesFee.ord.doe 2 I a SEAL too kks; 0 d ORDINANCE NO. e 3 AN ORDINANCE AMENDING SECTION 9.16.145 OF THE FIRESTONC MUNICIPAL CODE.REGARDING EXCESSIVE SOUND LEVELS WHEREAS, the Board of Trustees is authorized ,pursuant to state law, including but not limited -to C.R.S. §§25-12-101 etseMc. and 31-15-401 et se :; toregulate excessive noise; and `WHEREAS, the Board of Trustees previously adopted Ordinance No. 611 adding anew Section: 9.16.145 of the Firestone Municipal Code to regulate excessive noise; and WHEREAS, the Board of Trustees finds that the amendments to Firestone Municipal Code Section 9.16.145 set forth herein are in the best interests of the health, safety and welfare of the Town and its residents; NOW T.1-1EREFORE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF T IE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9.16.145 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stritae+4; words to be added underlined): 9.16.145 Excessive sound levels. A. It shall be unlawful for any person to:. 1. Operate any type of vehicle, machine or device; 2. Carry on any activity; or ".:Promote or facilitate the carrying on of any activity which makes sound in excess of the level specified in. this section. B. 'Sound from a moving vehicular source located within the public, right- of-way shall not exceed eighty (80) decibels'on the "A" weighting scale. (db(A)), except that sound.from a vehicle with a manufacturer's gross Weight rating of ten thousand (10,000) pounds and above operated on a prescribed truck route at all :,times or elsewhere within the town during the hours of 7:00 a.m. to 6:00 p.m. on Monday through Saturday may exceed eighty (80) db(A) but shall not exceed eighty-eight (88) db(A). Such sound shall be measured at a distance of at least twenty-five (25) feet.from a vehicle located within the public right-of-way. C. Sound from any source, other than a moving vehicular source located within the public right-of-way, shall not exceed any of the following limits for the applicable zone: Zoning designation of the Maxititutn number of Maximum number of decibels property on which the decibels permitted from permitted from 7:00 p.m. until 7.00 sound is received 7:00 a.iti. until 7:00 p.m. a.m. of the following weekday and of the same day until 8:o'o a.nt, of'tileIbllowin�.t weekend (Saturday R Sunday) day Residential 55 db(A) 50 db(A) Commercial G0 db(A) 55 db(A) Industrial 70 db(A) 65 db(A) f—U--ht-hidustrial 80 db(A) 75 db(A) D. For .PUD zone districts, the maximum permitted noise level on private property shall be as specified in the table in subsection C for the district(s) most similar to those listed, as determined by the town administrator, unless other standards are specifically established on an applicable final development plan. L. Sound from construction work for which a building permit leas been issued shall be deemed to be. received in an industrial zoning district during the hours of 7:00 a.m. to 7:00 p.m. for work of any type, and until 9:00 p.m. for light construction work that uses only .hand tools and power tools (but not inCluding nail guns) of no more than five (5) horsepower. Under no circumstances shell. amplified sound be considered as construction wort: activity. On Saturdays and Sundays, sound from construction work shall not commence until 8:00 a.m. F. Sound horn a source on private or public property shall be measured at a distance of at least twenty-five 25 feet from the property line of the property li on which the sound source is located. the measurement is taken e ef P ep UG. For the purposes of this section, a leasehold shall be deemed a property; and the boundary of the leasehold interest shall be deemed a property line. 11-1. All sound measurements shall be made on a sound level meter that meets ANSI specification 51.4-1974 for Type 1 and `hype it equipment. Tlie manufacturer's published indication of compliance with such specifications is prima facie evidence of compliance with this subsection 1. 2 A. It is a specific defense to acharge of violating this section 9.16.145 that: 1. The sound was made by an authorized emergency vehicle when responding to an emergency call or acting in the time of emergency; 2. 'fhe sound was made within the terms of a parade, fireworks display or temporary street closure permit issued by the town, I The sound was made by the sounding of a horn of any vehicle as a danger warning signal or by the sounding of any warning device as required. by law; 4. The sound was made on property belonging to or leased or managed by a federal., state or other governmental body and was made by an activity of the governmental body or by others pursuant to a contract, lease or permit granted by such governmental body; or 5. The sound was made within the terms and conditions of the sound level variance granted by the town. A variance shall be granted after application is made if the town administrator finds that compliance will cause an undue hardship and further finds that: a. Additional time is necessary for the applicant to alter or modify the activity or operation to comply with this section; or b. The activity, operation or sound source will be of temporary duration, and even with the application of the best available control technology cannot be done in a manner that would comply with this section. In either case, the town administrator must also find that no reasonable alternative is available to the applicant. If the town administrator grants a variance, the town administrator shill prescribe such reasonable conditions or requirements as are necessary .to minimize adverse effects upon the community or the surrounding neighborhood. led. This section shall trot be construed to conflict with the right of the town or any person to maintain an action in equity to abate a noise nuisance under the laws of the state. bk. Each offense of violation of'this section constitutes a separate and distinct violation. Further, three (3) or more violations of subection C of this section on different dates within any twelve (12) month period shall be grounds for revocation of any special use review permit or liquor license after a notice and hearing. Mi.. The provisions of this section 9.16.,145 are in addition to all other `requirements of this code. .;Section 2. 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 Board of Trustees hereby declared that it would have passed this ordinance and each part or parts hereof' irrespective of the fact that any one part or parts he declared unconstitutional, or invalid. Section 3. The repeal or modification of any provision of any prior ordinance by this ordinance shall not release, extinguish, alter, modify; or chanf;e in whole or in part any penalty; forfeiture oi- `liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining ally judgment, decree, or order which can or may be rendered,. entered, or 111ade in such actions, suits, proceedings, or prosecutions. ;Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent. of such inconsistency or convict. ,INTRODUCED, READ, A OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of �Ce IY . 2pv6- ATTEST: I218l3UGti 7:52 ,11h ltdll S;'Wi1estancl4reSinaneeVNoise Oidirnn[emev,{ I'!•O6},doe TOWN OF FIRES T E, COLORADO Michael P. Simone Mayor TONE SVAL 18 fit i" ORDINANCE NO. 3a AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy'Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation (hereinafter called "Applicant"), in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, by contract for the beneficial use of water from Northern Colorado Water Conservancy District, shall by ordinance authorize and direct the MA` -(or and -FoLuA to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of Two Hundred Nineteen (219) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the mCLV0( and 1 o-wnafi(K be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to -wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, the governing body of a Colorado municipal corporation acting in its governmental capacity or as governing body of a water activity enterprise (circle capacity in which governing body is acting), hereby applies to Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, 1973, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Two Hundred Nineteen (219) acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of said District shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the .boundaries of Northern Colorado Water Conservancy District. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (11310,000) of the quantity of water annually declared by the Board of Directors of the District to be available for delivery from the water supplies of the District. Applicant agrees that such water shall be delivered from the works of the District at such existing District delivery point or points as may be specified by the Applicant and that the water delivery obligation of the District shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of the District. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of said District at a price per acre- foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from the District that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by said District to the Applicant at. the following address: P. 0. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of said District in accordance with the applicable provisions of C.R.S. Section 37-45-132 and 7-42-104. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above the District's actual expense in terminating and disposing of the contract right of use. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of the District; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is. made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific .approval of the Board of Directors of said District. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; by Section 37-45-131; by the Rules and Regulations and policies of the Board of Directors of said District; and by the Repayment Contract of July 5, 1938, between said District and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with said District if and when the Board of said District finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of the District; additional annual monetary consideration for extension of District delivery services and for additional administration, operation and maintenance costs; or for other costs to the District which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Firestone acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Colorado Water Conservancy District and the right to the beneficial use of water thereunder by said Town of Firestone is necessary; that the continued acquisition and use of this water supply is essential for the well-being of the conununity and for the preservation of the public peace, health, and safety; and that the adequate protection of the health of the inhabitants of the community requires an immediate increase in Applicant's water supply. , pted, signed and approved this day of h ua Y l A.D., 2007. �coo HE k�f TOWN OF FIREST E S o V 10 B W Y)�M �1AL) ORDER ON, APPLICATION Application having been made by or on'behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for Two Hundred Nineteen (219) acre-feet of water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the beneficial uses set forth in said application upon the terms, conditions, and manner of payment -as therein specified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT By President I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the 9th day of March A.D.; 2007. r ATTEST: _ Secretary APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT .. FOR CANCELLATION OF TEMPORARY USE PERMITS The Town of Firestone hereby applies for the cancellation of the following Temporary Use Permits Permits Dated Acre -Feet Permits Dated Acre -Feet February 10, 2006 43 April 14, 2006 54 February 10, 2006 6 April 14, 2006 98 February 10, 2006 1 -August 11, 2006 10 March 10, 2006 1 August 11, 2006 6 Total Quantity to be Released day of c.1 Q n LA a r e , 2007. TOWN OF FIRE E By 1-0 ORDER ON APPLICATION 219 Application having been made by the Town of Firestone for the cancellation of the above Temporary Use Permits, and Hearing having been held by the Board of Directors of Northern Colorado Water Conservancy District, it is hereby ORDERED that the above Temporary Use Permits be canceled. Dated the 9 th day of ATTEST: Secretary March , 2007. ' NORTHERN COLORADO WATER CONSERVANCY DISTRICT Presi e AN ORDINANCE AMENDING SECTION 9.24.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING DISCHARING WEAPONS WHEREAS, the Board of Trustees has previously adopted certain restrictions and exceptions for discharging firearms contained in Section 9.24.020; and WHEREAS, the Board of Trustees desires to amend such Section to add an exception for the discharge of certain timed pyrotechnic report projectiles when authorized pursuant to, and conducted in accordance with a permit issued by the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9.24.020 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are sticker ftongh): 9.24.020 Discharging Weapons.. A. It is unlawful for any person to fire or discharge within the town any firearm, airgun, BB gun, bow and arrow or any toy gun projecting lead or missiles. B. Subsection A of this section shall not apply to: 1. A shooting range or gallery specifically designated for such purpose by the town. 2. Any officer of the law discharging a firearm in the performance of his duty. 3. Any person from discharging a firearm or .other weapon when lawfully defending persons or property. in, 0/M1.- 1 111111. 1 1 1 1 1 1 . 1 IIIIIIIIIIIIIII 1 /1 1 1. + I+ 111 !1 + I ! I "1"1 1 1 1 1 0 l 1. I' 1 +. +' 1Mi. 11'/ 0 1 11 IIr 1 I I1111/1 "rI 1 polio I I" . . 11 'r1 1 11 1 . 1.1 1 1. +'1 1 1' • rI1 - • r 1 + 11111 /1 I r - I 1 1" r\ I I / - 141 1 11 11 0 1 1 11 I 1 I111 1 1 .lr 11 l l I' r11 I. I" 1 1 1 11 ' 1. 1' . li 1'll'.II o1 I .11 JI 11 I 1 . it i 1. 11 i' 11 1" Section 2_ _ If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3_ All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4_ The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, .which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can ormay be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 8th day of February 2007. Attest: TOWN OF FIRESTONE, COLORADO Dennis Bertron Mayor Pro-tem dy He ood N®��C. Town Clerk Q� SEAL 7J]3/2007 ]2:3] PM(sj]] F:SCompanyWirestpee50rdinaote\DiKhmgingFirea[msAmend (2007)Ax PA. �'�..«•�.0 2 ORDINANCE NO. �3g AN ORDINANCE AMENDING SECTION 8.12.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE PLACEMENT OF WASTE MATERIAL IN THE RIGHT-OF-WAY FOR COLLECTION. F , WHEREAS, the Board of Trustees has previously adopted regulations requiring the collection and disposal of waste materials within the Town that are codified in Chapter 8.12 of the Firestone Municipal Code; and WHEREAS, the existing regulations require that receptacles moved to the right-of-way for collection shall not be located in the right-of-way, except on the day of collection; and WHEREAS, the Board of Trustees desires to amend Section 8.12.020 of the Firestone Municipal Code to clarify the time requirements governing the placement and removal of waste material receptacles within the right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection B. of Section 8.12.020,ofthe Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strikeotrt; words to be added underlined): 8.12.020 Waste material —Removal required —Burning prohibited. B. All waste materials shall be placed in receptacles, as defined in this chapter, by the owner, tenant or occupant of each residence, living unit, business or commercial enterprise, or industrial site. In residential areas with alleys, the receptacles shall be placed in the alley adjacent to the residence. If there is no adjacent alley, the receptacles shall be placed on the street in front of the residence. All receptacles shall be covered or, in the case of bags, tied to secure against leakage and disruption by animals and weather conditions. All receptacles that must be moved to a right-of-way or other readily accessible place for collection shall not be placed in the leea4ed in swh right-of-way earlier than the day prior to the scheduled collection day and shall be removed from the right-of-way by the owner, tenant or occupant by no later than day after the scheduled collection dav, irrespective of whether collection in fact occurred Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistentor conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. .The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall -be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, -APPROVED, AND ORDERED PUBLISHED IN FULL this 8th day of February 2007. Attest: y He ood own Clerk 2/412007 10;10 AM[ed1] S:\F'vestone OrdinancelTrash.Receptades.doc TOWN OF FIRESTONE, COLORADO � Dennis Bertron Mayor Pro-tem 0 OX I,Il�f fl !II!! IIIlII I!I!I! IIlI !If !!I IIIlI f 11 !lIII IIlI I!!I 9502681 ° 09/07/2007 03:23P Weld County, Co 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. OS AN ORDINANCE .APPROVING AN ANNEXATION KNOWN. AS THE LAMBERTSON ANNEXATION TO THE TOWN OF. FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Lambertson Annexation, and described in Exhibit A attached hereto, has been filed with the . Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-,12-108 to -110, C.R.S., the Board of Trustees on February 22, 2007 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on January 23 and 30 and February 6, 13 and 20, 2007'in the Daily Ti mes-Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms -and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectinn 11. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Lambertson Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Sevflnn: 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL thi''s 2 Z day of 2007. ATTEST: TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor 1<ON* SOX 111111111111111111111111111111111111111111111111111 IN 3502681 09/07/2007 03:23P Weld County, CO 2 of 2 R 11.00 D 0,00 Steve Moreno Clerk & Recorder PARCEL 13, AS DEFINED BY THE COLORADO DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANSHEET — DEL CAMINO INTERCHANGE,, PROJECT NO. IR--IM(CX) 025-3(110), SOUTHEAST OF THE INTERSECTION OF COLORADO STATE HIGHWAY 119 AND INTERSTATE 25, LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, .RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 11, AS MONUMENTED BY A 3-- 1/4" ALUMINUM CAP, STAMPED "PLS 24307", WHENCE THE NORTHWEST CORNER OF SAID SECTION 11, AS MONUMENTED BY A.3-1/4" ALUMINUM CAP, STAMPED "PLS 24307", BEARS S 89°50'59" W, A DISTANCE. OF 1298.43 FEET, FORMING THE BASIS OF BEARINGS USED IN THIS DESCRIPTION; THENCE S 89c'50'59" W, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 235.82 FEET; THENCE S - 00009' 01" E, A DISTANCE OF 565.09 FEET TO A POINT ON A CURVE ON THE WESTERLY RIGHT OF ,WAY OF THE EAST INTERSTATE 25 FRONTAGE ROAD, SAID..POINT BEING THE POINT OF BEGINNING;' THENCE ALONG SAID WESTERLY RIGHT OF WAY AND ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 19029'02", A RADIUS OF 756.18 FEET, AN ARC LENGTH OF 257.14 FEET, AND A CHORD THAT BEARS S 29042'04 W, A DISTANCE OF 255.91 FEET; THENCE S 39029'04" W, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 638.62 FEET; THENCE N 72039'13" W, A DISTANCE OF 1.44.25 FEET TO THE EASTERLY RIGHT OF WAY OF SAID INTERSTATE 25; THENCE N 11010'38" E, ALONG SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 343.34 FEET; THENCE N 19027'47" E, CONTINUING ALONG SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 350.94 FEET, TO A POINT ON THE SOUTHERLY BOUNDARY OF THE INTERSTATE 25 AND SAID HIGHWAY 119 PARK AND RIDE; THENCE N 89028'34" E, ALONG SAID -SOUTHERLY BOUNDARY, A DISTANCE OF 487.10 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 247,330 SQUARE FEET OR 5.678 ACRES, MORE OR LESS. . 2l2012007 I.13 PM [edl] S:\FircioneVAmexationVambertmn.ord.doc , 2 Please Return To: Town of Firestone P.O. Box 100 Firestone, CO 80520 a ;� � �� I IIIIIIIIIII IIIIII IIIIIIIIII IIIIII IIIII IIIIIIII Illllill ��l f 3502682 09/07/2007 03:23P Weld County, 00 L_ 1 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. 3 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE LAMBERTSON ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof,,and'known as the Lambertson Annexation; was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305; M WHEREAS, the, landowner of the property requested a Planned Unit Development zoning classification with Regional Commercial and Employment Center land uses (PUD-RC and PUD-EC) and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Lambertson Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Lambertson Annexation to. the Town'of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Regional Commercial (PUD-RC), pursuant to the zoning ordinances of the Town and in accordance with the Outline Development Plan for the Lambertson Parcel approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Lambertson Annexation, subject to the conditions set forth in Exhibit B. ' IIIIIIIIIIIIIIIII111111111111111illllllllllllllllllllll 3502682 09107/2007 03:23P Weld County, CO 2 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder INTR'DUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisZZ day of F, 6Y'Uu0.1`V ; 2007. TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor ` ATTEST: Xk ft �h ON; f+ Q "I%% + OW He od i ti own Clerk, 5 k I IIIIII IIIII IIIIII IIIIII IIII IIIIII IIIII III Hill 1111111111 3502682 09/07/2007 03:23P Weld County, CO 3 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION OF LAMBERTSON ANNEXATION PROPERTY PARCEL 13, AS DEFINED BY THE COLORADO DEPARTMENT OF TRANSPORTATION RIGHT OF WAY PLANSHEET — DEL CAMINO INTERCHANGE, PROJECT NO. IR— IM(CX) 025-3(110), SOUTHEAST OF THE INTERSECTION OF COLORADO STATE HIGHWAY 119 AND INTERSTATE 25, LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE. NORTHWEST QUARTER OF SAID SECTION 11, AS MONUMENTED BY A 3-1/4" ALUMINUM CAP, STAMPED "PLS 24307", WHENCE THE NORTHWEST CORNER'OF SAID SECTION 11, AS MONUMENTED BY A 3-1/4" ALUMINUM CAP, STAMPED "PLS 24307", BEARS S 89050'59" W, A.DISTANCE OF 1298.43 FEET FORMING THE BASIS OF BEARINGS USED IN THIS DESCRIPTION; THENCE S 89050'59" W, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 235.82 FEET; THENCE S 00009'01" E, A DISTANCE OF 565.09 FEET TO A POINT ON A CURVE ON THE WESTERLY RIGHT OF WAY OF THE EAST INTERSTATE 25 FRONTAGE ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY RIGHT OF WAY AND ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 19029"02", A RADIUS OF 756.18 FEET, AN ARC LENGTH OF 25.7.14 FEET, AND A CHORD THAT BEARS S 29042'04" W, A DISTANCE OF 255.91 FEET; THENCE S 39029'04" W, CONTINUING ALONG SAID WESTERLY RIGHT OF WAY A DISTANCE OF 638.62 FEET; THENCE N 72039'13" W, A DISTANCE OF 144.25 FEET TO THE EASTERLY RIGHT OF WAY OF SAID INTERSTATE 25; THENCE N 11010'38" E, ALONG SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 343.34 FEET; THENCE N 19027'47" E, CONTINUING ALONG SAID EASTERLY RIGHT OF WAY, A DISTANCE OF 350.94 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THE INTERSTATE 25 AND SAID HIGHWAY 119 PARK AND RIDE;. THENCE N 89028'34" E, ALONG SAID SOUTHERLY BOUNDARY, A DISTANCE OF 487.10 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 247,330 SQUARE FEET OR 5.678 ACRES, MORE OR LESS. 3 y h I llllll lllll llllll f lllll llll llllll lllll 111 lllll llll llll 3502682 09/07/2007 03:23P Weld County, CO 4 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder . EXHIBIT B Lambertson Annexation Conditions of Approval Annexation and Initial ZoninglODP " General 1. Provide an updated title commitment with the owner identified as K.G. Jr. and Bertha Lambertson, LLLP. Provide copies of all documents noted in Schedule B--Section 2 and item F of Schedule B—Section 1 of the commitment. 2. Provide a current Weld County tax certificate for the property showing all applicable taxing entities. 3. Modify documents pursuant to comments by the Town Attorney. 4. Execute an annexation agreement in a form approved by the Board of Trustees. Annexation Map 5. Change title to "Lambertson Annexation." 6.. Revise "Annexation Plat" to read "Annexation Map." 7. Remove the Clerk and Recorder's Certificate. , 8. Include the Firestone Information Block in the lower right corner of each sheet, and provide preparation and revision date information. 9. The legal description on the annexation map describes 5.635 acres; however, the_ legal t description provided for the. substantial complianceresolution described 5.678 acres. Verify legal description and revise accordingly. Outline Development Plan General 10. Fix typographical errors throughout. Sheet i 11. Revise title block to reference "Lambertson Annexation" instead of "Lambertson Parcel." ' 12. Identify the owner and provide address and telephone number for same. 4 11111111111111111111111111111111111-11111111-111111111111 ; 3502682 09/0712007 03,23P Weld County, CO `J5 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder Sheet 2 T 13. In the Project Concept section, replace "of the Crossroads" with "in associationwith the Crossroads." 14. In the Density section, replace "code" with "ordinances and Development Regulations." 15. In the Density section, replace "filings" with "development plan applications". 16. In the Open Space section, delete the first sentence. 17. In the Open Space. section, clarify reference to "`controls' as outlined in the `private maintenance and enforcement description below"', as no such controls are noted in the Private Maintenance and Enforcement section. 18. In the Private Maintenance and Enforcement block, revise "grated" to read "created." 19. Identify any applicable owners' association in the Private Maintenance and Enforcement block. Sheets 3 and 4 20. Show existing zoning of properties adjoining the ODP. 21. Correct lot and block designations for land to the east of the I-25 Frontage Road (Lots 2, 3 and 4 of the First Replat of the American Furniture Warehouse Subdivision) and revise reference to the "proposed" Firestone City Centre PDP. Sheets 5 and 6 22. Note offsite utilities that are not part of the Lamberston application as "planned." 2/20/2007 1:18 PM[edl] s:TirestonelAnr=ationV.smbertson zone.ord.doc 5 1 Pl"se Return To: Town of Firestone P.O. Box 100 Firestone, CO 80520 f S ORDINANCE NO.61 _ AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A 2007 INTERNATIONAL PLOW TRUCK WHEREAS, the Town is authorized by applicable law, 'including but not limited to C.R.S. § 31-15-801 et seMc ., to acquire equipment and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire _certain maintenance equipment; and 1 WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of one (1) new 2007 International Plow Truck. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN- OF FIRESTONE, COLORADO. Section 1. The Board of Trustees hereby approves a Lease -Purchase Agreement between the Town and Key Government Finance, Inc., (the "Lease") for lease and acquisition of one (1) 2007 Diamond SPEC 7600 SBA 6x4 International Plow Truck (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, and a copy of which lease accompanies this ordinance. The Mayor is hereby authorized to execute such Lease on behalf of the Town, except the Mayor is hereby further granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor, Town Clerk, Town Administrator and Director of Finance are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax-exempt obligation" for the purpose and within the meaning of - Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 4. Nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. 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 Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTROI UCED,' READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ZZ" day of v ,, 2007. TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor ATTEST: ®�ar G �Y jowdyHeoodn Clerk 1� efto 2116120074:24PM[a)S:1Mmgoael0rd4=w\PlowTruck.Lease.Purch=(2007).doc 4 ®r" 'A ORDINANCE NO.638 AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE BY THE TOWN OF FIRESTONE, COLORADO TO SOURCEGAS DISTRIBUTION LLC, FORMERLY KNOWN AS KINDER MORGAN, INC., A CORPORATION, ITS SUCCESSORS AND ASSIGNS, OF THE RIGHT TO USE THE STREETS WITHIN THE TOWN TO FURNISH, SELL, TRANSMIT, TRANSPORT, AND DISTRIBUTE GAS WITHIN AND THROUGH THE PRESENT AND FUTURE CORPORATE LIMITS OF SAID TOWN OF FIRESTONE, WELD COUNTY, COLORADO, GRANTING THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH THE TOWN ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE SAID GAS TO THE TOWN OF FIRESTONE AND THE INHABITANTS THEREOF, FIXING THE TERMS AND CONDITIONS THEREOF, AND REPEALING ORDINANCE NO.202. WHEREAS, the Town is authorized to grant the right to build and operate gas works to a person and to authorize such person to charge and collect from customers such rent as may be agreed upon, and to enter into a contract with such persons to supply the municipality with gas, heat, cooking, and to pay therefore such sums as may be agreed upon between the parties, pursuant to C.R.S. Section 31-15-707(1)(c); and WHEREAS, any such franchise giving or granting to any person the right or privilege to erect, construct, operate or maintain gasworks, gas plant or system within the Town or to use the streets or alleys of the Town for such purpose shall be granted by ordinance, pursuant to C.R.S. Section 31-32-101; and WHEREAS, the Town and SourceGas Distribution LLC, formerly known as Kinder Morgan, Inc., have agreed to the terms upon which the parties will enter into a franchise agreement for the provision of gasworks, gas plant or systems, as more fully set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. SHORT TITLE. This Ordinance shall be known and may be cited as the SourceGas Distribution Franchise Ordinance. Section 2. DEFINITIONS. For the purpose of this Ordinance, the following terms shall have the meaning given herein: "Board" or "Board of Trustees" means the board of trustees of the Town of Firestone, Colorado. 1 "Facility" or "Facilities" means all apparatuses reasonably necessary for the Grantee to provide gas service into, within and throughout the Town, including but not limited to plants; works, systems, distribution structures, equipment, pipes, mains, gas compressors, meters, meter reading devices, communications and data transfer equipment, and gas regulator stations. "Firestone Trail" means the abandoned Union Pacific Railroad right-of-way further described in those certain instruments recorded at Reception No. 2538622 and 25386323 in the Office of the Weld County Clerk and Recorder. "Grantee" or "Company" means SourceGas Distribution LLC, formerly known as Kinder Morgan, Inc., its successors and assigns, the grantee of rights under this franchise. "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. _ "Residents" means all persons, businesses, industries, governmental agencies, and any other entities whatsoever, presently located or hereinafter to be located, in whole or in part, within the territory of the Town. "Streets" refers to and are streets, alleys, viaducts, bridges, roads, lanes and other public rights -of -way in the Town, excluding any easements the terms of which do not permit the use thereof by the Company, and excluding the Firestone Trail. "Town" means the Town of Firestone, Colorado, the grantor of rights under this franchise. Section 3. GRANT OF FRANCHISE. The Town hereby grants to the Grantee the non- exclusive right to use the Streets within the Town to furnish, transmit, transport and distribute gas — whether natural, artificial or a combination thereof — within and through the Town. The Town also hereby grants to the Grantee the non-exclusive right, privilege and authority to locate, install, build, construct, acquire, purchase, extend, maintain and operate into, within and through said Streets within the Town as the same now exists or may hereafter be extended, all Facilities reasonably necessary for the period and upon the terms and conditions hereinafter specified to furnish, sell and distribute gas to the Town and the inhabitants thereof, for heating, cooking or other purposes. These rights shall extend to all areas of the Town as now constituted and to any and all such new Streets as may be hereafter laid out, opened, located or constructed within the territory now or hereafter included in the boundaries of said Town. Section 4. SUPPLY, CONSTRUCTION AND DESIGN. The Grantee shall locate its Facilities within the Town in a manner to meet with the approval of the Town. All excavation and construction work performed by the Grantee shall be done in accordance with all ordinances, resolutions, rules, regulations and standards of the Town and further in such manner as to cause minimum interference with the Town's use of Streets and other public ways and places and to KA cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said Streets or other public ways and places. All work on Grantee Facilities in the Streets is subject to inspection and approval by the Town to ensure that said work has been performed in accordance with applicable Town ordinances, resolutions, rules, regulations and standards. Such inspections and approvals may include, but are not limited to, proposed locations for Facilities in the Streets, disturbance of pavements, sidewalks and surfaces of the Streets or adjoining landscaping. Should it become necessary for the Grantee, in exercising its rights and performing its duties hereunder, to interfere with then existing Streets or other public or private improvements, including but not limited to water mains, sewers, landscaping or other improvements, the Grantee shall repair promptly any damage to said improvements or Streets at its own expense in a workmanlike manner subject to the approval by the Town and in accordance with the provisions of the Town Municipal Code. If the Grantee fails to repair the Streets or improvements which are damaged through the action of Grantee, the Town may make such repairs and charge the reasonable cost thereof to the Grantee. Section 5. INDEMNITY. The Grantee shall indemnify, defend and hold harmless the Town from and against all liability or damage and all claims, demands or liens arising out of the Grantee's operations within the Town or related to or arising out of the exercise by the Grantee of any rights and privileges hereby granted; and for this purpose the Grantee shall maintain; public liability insurance in an amount not less than $1,000,000, and upon request shall furnish a certificate of insurance to the Town so showing. The Town shall provide prompt written notice to the Grantee of the pendency of any action against the Town arising out of such exercise by the Grantee of said rights and privileges and be permitted at its own expense to appear and defend, or assist in the defense of the same. The obligation of this Section 5 shall not extend to any liability or damage and all reasonable expenses accruing against the Grantee arising out of the negligence, recklessness, or willful and wanton misconduct of the Town, its officers, employees, agents, representatives, or contractors. Section 6. RELOCATION OF FACILITIES. If at any time it shall be necessary to change the position of any gas main or service connection of the Grantee to permit the Town to Jay, make or change street grades, pavements, sanitary or storm sewers, water mains or other Town public works, such changes shall be made by the Grantee at its own expense. Such relocation shall be completed within a reasonable time, not to exceed 120 days from the date on which the Town requests that such relocation work commence, unless weather, scope of the project, availability of materials, or other causes beyond the parties' control prevents completion in this period. The Grantee shall bear all costs associated with relocation of any gas main or service connection that is the result of public works construction including but not limited to the alteration of street alignment, grades or pavement. The Town shall make reasonable efforts to confer, in its usual course of managing public works projects, with the Grantee in regards to impending public works projects that may require relocation of Grantee Facilities and seek the Grantee's input during the initial planning and engineering phase of any such Town project. The Town shall make reasonable efforts to mitigate the financial impact of any such project on the Grantee. 3 The Town may request Grantee relocate its facilities in less than 90 days if needed by the Town. Should the Town request such an expedited relocation for reasons other than safety or emergency circumstances that require immediate action to prevent loss of life or significant damage to property or preserve integrity of an asset, Grantee and Town shall confirm the time frame within which Grantee will relocate the facilities, and assess whether Grantee will incur any additional costs in the relocation as a result of the Town's expedited schedule. If Grantee will incur additional costs directly related to relocating the facilities within the time frame needed by the Town for such expedited relocation, the Town will pay these additional costs, provided that Grantee and Town agree to the amount of the additional costs prior to the relocation. Any expedited relocation as a result of a safety or emergency circumstance that requires immediate action to prevent loss of life or significant damage to property or preserve the integrity of an asset, will be at the Grantee's cost. The Town will not oppose just and reasonable recovery of substantial costs the Grantee incurs in complying herewith that the Grantee requests from the Public Utilities Commission of the State of Colorado (PUC). Section 7. NON -EXCLUSIVITY OF FRANCHISE. This franchise and the right to use and occupy said Streets shall not be exclusive, and the Town reserves the right to grant the use of said Streets to any person during the period of this franchise. Section 8. SERVICE STANDARDS. a. The Grantee shall maintain and operate its Facilities and render efficient service in accordance with the rules and regulations of the PUC and the terms and conditions of Town Code, other regulations and this franchise. b. Maps. The Grantee shall prepare and submit to the Town a map showing the location of its distribution system, showing location, size and depth of lines, locations of shutoff valves and gates, and all appurtenances incident to the distribution system, so far as such facilities can reasonably be projected. The map shall be kept current and filed with the Town Clerk's office by May 1 of each year, when necessary. If the Grantee fails to keep such map current and provide the required information, the Town may cause such work to be done and charge all costs thereof to the Grantee. c. Plans. Before commencement of installation of pipes in the Town, the Grantee shall prepare and submit to the Town a map showing the location, size and depth of lines, locations of shutoff valves and gates, and all appurtenances incident to the distribution system, so far as such facilities can reasonably be projected. In addition, the Grantee shall submit a construction plan including a construction schedule, showing the streets and alleys where excavations will be simultaneously open at any given time, making provision for traffic routing in the event of interruption, setting forth the places where pavement cuts are expected, and where underground 4 boring will occur for pipe installation. Construction may then proceed upon approval of said map and plan and the issuance of a street cut permit by the Town. Nothing herein shall be construed to limit application of the Town's ordinances pertaining to installation of pipelines, conduits, transmission lines and cables as well as ordinances pertaining to excavation to the activities of the Grantee, except as provided herein. d. Use of Trenches. If the Grantee opens a trench to install its Facilities, the Grantee shall provide reasonable advance notice to the Town so as to permit the Town to install Town facilities in the same trench at the Town's expense. The Town shall share in the cost of the trenching if used by the Town on a pro rata basis. The Town's installation of its facilities shall not interfere with the Grantee's Facilities or delay the commencement or completion of the Grantee's construction project within the Streets. e. Use of Firestone Trail. This franchise does not authorize use by the Grantee of the Firestone Trail. Any proposed use of the Firestone Trail by the Grantee shall be subject to approval or rejection by the Board in their discretion and, if approved, shall be addressed in an easement agreement or other agreement executed on behalf of the Town and Grantee. £ Access to Premises. To the extent allowed by law, Grantee shall have the right to enter the premises of consumers at reasonable times for the purpose of reading meters, inspecting gas appliances, pipes and equipment and for the purpose of ascertaining loads, making necessary tests and installing, disconnecting or removing meters. Section 9. CONTINUATION OF SERVICE. If during the term of this franchise, there occurs a failure or partial failure of the supply of natural gas available to the Grantee because of depletion of such supply, the Grantee shall take all reasonable steps to obtain an additional natural gas supply from other sources to be delivered to the Grantee, and if unable to procure same, it is hereby authorized to supply artificial or mixed gas for the unexpired term of this franchise. If Grantee, within a reasonable period after failure of the supply of natural gas, shall fail to supply to its customers artificial and/or mixed gas, the franchise rights granted herein shall terminate. Section 10. FRANCHISE FEE. In consideration of the rights and privileges herein granted, the Grantee shall assess, effective the first billing cycle after this franchise becomes effective, to residential and commercial customers of Grantee within the Town of Firestone, Colorado, a franchise tax or fee equivalent to $0.0235 per ccf (100 cubic feet) for gas delivered to residential and commercial customers within said Municipality on Grantee's distribution system. Grantee shall pay to the Town Treasurer an amount equal to the franchise fee or tax funds collected by Grantee hereunder. Payments to the Town of the franchise fee collected shall be made quarterly within 60 days of each calendar quarter and each such payment shall be accompanied by a statement supporting the payment. Such payment shall be in lieu of any and all other fees (including pipeline, conduit, li transmission line, cable and excavation permit fees), charges, licenses, taxes or assessments which Town may impose for the rights and privileges herein granted or for the privilege of doing business within the Town and for the use of the Streets, and in the event any such fee, charge, license, tax or assessment shall be imposed by the Town, the payment to be made in accordance with the provisions of this section shall be refunded in an amount equal to the annual burden of such fee, charge, license tax or assessment imposed upon the Grantee. Ad Valorem property taxes imposed generally upon all real and personal property within the Town shall not be deemed to affect the obligation of the Grantee under this section. , For the purpose of ascertaining or auditing the correct amount to be paid under the provisions of this paragraph, the Town Administrator or the Administrator's designee shall have access to the books, accounts and other records of Grantee for the purpose of checking the gross revenue received and volume of gas sold and delivered from operations within the Town. If at any time during the term of this franchise the manner in which the franchise fee is calculated, collected or paid is changed, whether by action of the Grantee, the PUC, or any entity having jurisdiction thereof, the Grantee agrees to cooperate with the Town in modifying the franchise to assure that the Grantee collects and the Town receives an amount in franchise fees or some other form that is the same amount or more than the amount of franchise fees collected by the Grantee and paid to the Town as of the date of such change and required modification, to the extent permitted by law. Section 11. FRANCHISE FEE PAYMENT NOT IN LIEU OF OTHER FEES OR PERMITS. Payment of the franchise fee by the Grantee as accepted by the Town does not exempt the Grantee from sales tax, license fees, sales and use taxes, head taxes, building permit fees, land use fees, development impact fees, or other fees and charges that are required to be paid pursuant to ordinances of general application that are not pursuant to the rights and privileges herein granted or for the privilege of doing business within the Town and for the use of the Streets. Grantee shall be responsible for obtaining all applicable Town approvals and permits for the installation of pipelines, conduits, transmission lines and cables, and for excavation, although the permit fee for such excavation or installation of pipelines, conduits, transmission lines or cables, shall not be applicable pursuant to paragraph 10 herein. Section 12. SURCHARGE FEES. The Grantee shall be permitted to surcharge the franchise fee to the Residents of the Town that use Facilities of the Grantee in the Streets to obtain gas. The Grantee shall not be permitted to surcharge Residents of the Town any other payments it makes to the Town. Franchise fees charged to the Town for gas service provided to the Town for its own consumption shall be rebated to the Town quarterly and included in the quarterly payment pursuant to Section 10. Section 13. TOWN'S RIGHT TO CONDEMN. The Town shall have the right to condemn the Facilities of the Grantee or to otherwise restrict the Grantee's opportunity to conduct business in the Town as provided by C.R.S. Section 31-15-707, or other applicable Iaw. 0 Section 14. TERM OF FRANCHISE. This franchise shall be in full force and effect from and after its passage, approval and publication as by law required and upon acceptance thereof in writing by Grantee within thirty (30) days of final passage and the terms, conditions and covenants hereof shall remain in full force and effect for a period of twenty (20) years from and after the date of final passage of this Ordinance. Unless additional time to provide written acceptance of the franchise is requested in writing by Grantee and approved by Town, the failure of the Grantee to provided written acceptance of this franchise within thirty (30) days of final passage shall be deemed an acceptance of such franchise. Section 15. RIGHT TO REMOVAL OF FACILITIES. Upon the termination of this franchise, if the Grantee has not acquired an extension or renewal thereof and accepted same, Grantee may remove its Facilities from the Streets and other public places of the Town, provided that the Town has had ample time and opportunity to purchase, condemn or replace said Facilities. In so removing its Facilities, the Grantee shall, at its own expense and within a reasonable time not to exceed 180 days, restore all property affected by removal operations to their pre-existing condition, to the satisfaction of the Town. Section 16. ASSIGNMENT. The Grantee may assign this franchise, or the rights granted hereunder without first obtaining the written consent of the Town, except in the circumstance the Company offers to sell or enters into a contract to sell only the system subject to this franchise. Town consent to assignment shall not be unreasonably withheld, and this section shall not be construed to restrict or prevent the issuance of bonds, debentures, or other evidence of indebtedness, or the issue of additional stock, needed or useful for the purpose of financing the system or any portion thereof. Section 17. FORFEITURE. If the Grantee fails to perform any of the terms and conditions of this franchise, the Town may notify the Grantee of the specific failure and shall allow the Grantee a reasonable time within which to remedy the failure, not to exceed 120 days or additional days if agreed to by the parties. The Town reserves the right to declare a forfeiture of this franchise for the breach of a substantial and material provision thereof. No forfeiture shall be declared until the Grantee shall have had an opportunity to be heard and to correct or justify the alleged breach. Upon failure of the Grantee to exercise reasonable diligence to correct such condition, the Town may declare this franchise forfeited and notify Grantee in writing. In the event that this franchise is forfeited, then the Grantee agrees to continue to render service as theretofore provided until the Town makes alternative arrangements for such services. Neither the Town nor the Grantee shall be in breach or forfeiture of this franchise if failure to perform is due to uncontrollable forces, which shall include but not be limited to accidents, acts of God, floods, storms, fires, sabotage, terrorist attack, labor disputes, riots, war, forces of nature and other causes or contingencies of whatever nature beyond the reasonable control of the parties affected, which could not reasonably have been anticipated and avoided. Section 18. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or 7 portion of this Ordinance is for any reason held invalid, unconstitutional or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portion thereof. The Town Board declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 19. RESERVED RIGHTS. The right is hereby reserved by the Town to adopt, from time to time, in addition to the provisions herein contained, such ordinances as may be deemed necessary in the exercise of its police power to protect the health, safety and welfare of the public, including but not limited to ordinances to control and regulate the use of the Streets and the space above and beneath the Streets. Neither the Town nor the Grantee waives any rights under the statutes and constitution of the State of Colorado or of the United States except as otherwise specifically set forth herein. Section 20. REGULATION. This Ordinance and the respective rights and obligations of the parties hereunder are subject to all present and future valid governmental legislation or regulation, whether federal or state, of duly constituted authorities which have jurisdiction over this Ordinance, one or both of the parties, or any transaction hereunder. Section 21. NO THIRD PARTY BENEFICIARIES. Nothing contained in this franchise shall be construed to provide rights to third parties. Section 22. AMENDMENTS TO FRANCHISE. This franchise may be amended only by a writing signed by both the Grantee and the Town, which is approved in the same manner as is required for the passage for the ordinance adopting this franchise. Section 23. ORDINANCE REPEALED. Ordinance No. 202, passed under date of June 14, 1984, and codified in Chapter 13.20 of the Firestone Municipal Code, is hereby repealed and of no further force or effect. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are repealed to the extent of such inconsistency or conflict. Section 24. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, AND ORDERED PUBLISHED IN FULL this 12th day of April, 2007. 1.1 PASSED, ADOPTED AND APPROVED this 10th day of May 7. Michael P. Si e Mayor ATTEST: •y��e�R1� Ar P0 TOWN "Do. of t r dy H ood o�r SEAL Town Clerk : , / r b. yyNMMr(*�G� ACCEPTED AND EXECUTED by SourceGas Distribution LLC, formerly known as Kinder Morgan, Inc. this J� day of M0-xj , 2007. SOURCEGAS DISTRIBUTION LLC, formerly known as KINDER MORGAN, INC. Vice Pres ent 0-hie� Rom d Goer 9 CERTIFICATE State of Colorado } )SS County of Weld } I, Judy Hegwood, Town Clerk of the Town of Firestone, Colorado do hereby certify that the foregoing is a full, true and correct copy of Ordinance No. 638 of said Town, granting a franchise by the Town of Firestone, Colorado, to SourceGas Distribution LLC, formerly known as Kinder Morgan, Inc., duly passed and published in the manner provided by law. IN WITNESS WHEREOF, I ha e ,ereunto subscribed my name and affixed the seal of the Town of Firestone, Colorado, this day of 1'Y] , 2007. wn Cl 5/11/2007 1:02 PM[drd]S:1Firestone\Ordinance\Kinder Morgan FranchiseTranchise Ordinance Final Publication (051 l07).doc Its] J CERTIFICATE OF TOWN CLERK AS TO INTRODUCTION, PASSAGE, SIGNATURE BY MAYOR AND RECORDING IN ORDINANCE BOOK OF ORDINANCE NO.(,o38 Fi re s o n e- , COLORADO I Su pL . }-fie wca o the duly qualified and acting Town Clerk of the Town of Firestone, Weld County, Colorado, certify that the annexed Ordinance No.(73 $ of said Town of Firestone granting to SourceGas Distribution LLC, a franchise for the purposes therein mentioned was, after proper publication of Notice of Application, introduced and read in full at the regular meeting of the Governing Body of said Town of Firestone, held on ? L M1 10 2007 That thereafter said Ordinance No. (,,3 S was introduced and read, after having been published in the Longmont Daily Times -Call a daily paper of general circulation in said Town for a period of two weeks, and was, by a majority vote of all of the Governing Body of the said Town of Firestone, by aye and nay vote, regularly passed and adopted as Ordinance No. (0 3 of said Town of Firestone. That after said Ordinance was passed and adopted by the Governing Body of the said Town of Firestone, it was presented within forty-eight (48) hours after passage to icKOLQ_1 5;m0ne , the Mayor of said Town, and was immediately signed by him/her as Mayor and attested by me as Town Clerk under the Seal of said Town. ,That the said Ordinance was duly recorded on the day of M�►'�: 20�, in the Ordinance Book of the Town of Fireston and was authenticated in the Ordinance book by the signature of the Mayor, attested by me under the Seal of the said Town of Firestone. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the Town of Firestone, Colorado this day of N1 A. , 2007 . n `Q gN N h 1i4+1 wn C r k 4t 'to i���4 SEAL) _f S` : ° ,~NNMN� +� et COV a - .. > .. Ire /\C a- "SourceGas Distribution LLC 370 Van Gordon Street Suite 4000 Lakewood, CO 80228 303 2433400 303 243 3503 Fax www.SourceGas.com May 16, 2007 Ms, Judy Hegwood, Town Clerk Town of Firestone 151 Grant Avenue Box 100 Firestone, Colorado 80520 RE: Town of Firestone Ordinance No. 638 - SourceGas Distribution Franchise Ordinance Dear Ms. Hegwood: At the direction of Ms. Deanne R. Durfee with the Light, Harrington & Dawes law firm, I am sending to you the two (2) originals of the above -referenced Ordinance No. 638, both executed by SourceGas Distribution LLC ("SourceGas"). I understand that once you have both originals signed by the Town of Firestone, you will provide a fully executed original to SourceGas. Please provide that original to SourceGas to my attention. If you have any questions, please do not hesitate to contact me at 303-243-3423. Thank you. Sincerely, oseph F. Furay Associate General Counsel cc: Ms. Deanne R. Durfee Light, Harrington & Dawes Writer Square Office Tower 1512 Larimer Street, Suite 300 Denver, Colorado 80202 ORDINANCE NO._�a9 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A MODULAR OFFICE BUILDING WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seq., to acquire buildings, equipment and other property and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire additional office space in the form of one (1) new modular office building; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of one (1) new modular office building to be located on Town owned property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease -Purchase Agreement between the Town and Key Government Finance, Inc., (the "Lease") for lease and acquisition ofone (1) new modular office building, to be used for administrative and police department staff, and including related parking lot renovations (the "Building"), which lease includes an option to purchase and acquire title to the Building, and a copy of which lease accompanies this ordinance. The Mayor is hereby authorized to execute such Lease on behalf of the Town, except the Mayor is hereby further granted the authority to approve such revisions to said Lease as determined necessary or desirable�for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor, Town Clerk, Town Administrator and Director of Finance are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax-exempt obligation" for the purpose and within the meaning of - Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 4. Nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. 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 Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTROIQUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of RPPjL , 2007. ++V�*aAt TOWN OF FIREST COLORADO " *% 0000004°°" + s GWN'°� �� r �` � SEAL, _ � Michael P..Simone jV�( s Mayor ATTEST: d'dy ood Town CleA 4/612007 4:26 PM[ed1j &\Fir estone50rdinanceRdiding Lease Purchase (2007).doe 2 �i,il►:► i �'1 AN ORDINANCE ADOPTING SECTION 5.08.120 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE SURRENDER OF LOCAL LIQUOR LICENSES WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to adopt provisions regarding the surrender of local liquor licenses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.120 of the Firestone Municipal Code is hereby adopted to read as follows: 5.08.120 Surrender of liquor licenses. A licensee desiring to surrender its local liquor license shall submit to the Town Clerk on forms approved by the Town an affidavit for the surrender of the local and state liquor licenses. Upon receipt of an affidavit for the surrender, the Town Clerk shall review and determine if the affidavit is in proper form. If the Town Clerk finds that the affidavit is in proper form, the Town Clerk shall schedule the matter for review by the Board of Trustees, acting as the local licensing authority, at the next available meeting. The Board of Trustees shall review the affidavit and related materials and determine whether to accept the surrender and cancel the local liquor license. If the Board accepts the surrender and cancels the local liquor license, the Town Clerk shall forward the affidavit of surrender and any conditions of surrender as accepted by the Town to the Liquor Enforcement Division of the Colorado Department of Revenue (the "Division") for review and further action. The surrender of the local license shall become effective upon acceptance by both the Town and the Division of the surrender of the licenses. The Board may reject the offered surrender of the local license if any show cause order for a violation of the Colorado Liquor Code by the licensee is pending; if the surrender would avoid prosecution of a violation of the Colorado Liquor Code or the serving of any penalty as a result of any violation of the Colorado Liquor Code; if the surrender would violate any lawful order issued by a court; if a transfer of the license is pending; for any defect in the affidavit or authority of the person requesting the surrender of the license; or if such surrender is otherwise contrary -to law or the best interests of the Town. Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 10th day of May, 2007. �R T TOWN OF FIRESTONE, COLORADO i TOWN i t = SEAL YV + 5 �� OS'•y Michael P. Simone �44 Mayor Attest: y H�gf own C 5/14/2007 3:26 PM[sji]S:IFirestonc\OrdinancelLiquor License Surrender Non -Emergency (FINAL) ORDINANCE NO. 6 l AN ORDINANCE AMENDING CHAPTER 2.50 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE DISPOSITION OF UNCLAIMED PROPERTY HELD BY THE TOWN WHEREAS, the Board of Trustees has previously adopted provisions for the administration and disposition of unclaimed property in the possession or control of the Town and such provisions are as codified as Chapter 2.50 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to amend'Chapter 2.50 of the code regarding the disposition of unclaimed property held by the Town to reduce the administrative burdens involved in the disposition of unclaimed property and to allow the Town to provide for the sale of such property by'agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 2.50 of the Firestone Municipal Code is hereby amended to read as follows (words to'be deleted shown in stFikeeut; words to be added underlined Chapter 2.50 Unclaimed Property Sections: 2.50.010 Unclaimed property --Definitions. 2.50.020 Procedure for disposition of unclaimed property. 2.50.030 Sale of unclaimed property. 2.50.040 Disposition of perishable, bulky, etc., property. 2.50.050 Illegal weapons. 2.50.010 Unclaimed property --Definitions. A. Purpose. The purpose of this chapter is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control. of the town. ff. Definitions. As used in this'chapter, unless otherwise required by context or use, words and terms shall be defined as follows: 1. "Unclaimed property" means any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges, that is held by or under the control of the town and which has not been claimed by its owner for a period of more than one year after it became payable or distributable; however, the term excludes any motor vehicle to which the provisions of Section 2.48.070 are applicable. 2. "Owner" means a person or entity, including a corporation, partnership, association, governmental entity other than the town, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the town. 3. "Custodian" means the marshal chief of police of the town or the marshal's designee thereof. 2.50.020 Procedure for disposition of unclaimed property. A. The mafshal chief of police shall designate one or more employees of the town to act as eCustodian of property seized or taken by the police or other property deposited to the town's care and shall provide a suitable location for the safekeeping of such property. It shall be the duty of the Ceustodian of such property to keep.a record of the receipt and disposition of all property coming into the Ceustodian's care and to include such information as the marshalchief of police may require. B. Prior to disposition of any unclaimed property having an estimated value of ffty.twen dollars or more, the marshal Custodian shall send a written notice by ee e&mail, , to the last known address, of any known owner of unclaimed property. The last known address of the owner shall,be the last address of the owner as shown by the records of the town department or agency holding the property. The notice shall include a description of the property, the amount or estimated value of the property, and, when available, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the mafsW Custodian with a written claim for the return of the property within sib} thirt days of the date of the notice, the property shall become the sole property of the town and any claim of the owner to such property shall be deemed forfeited. C. Prior to disposition of any unclaimed property having an. estimated value of less more than two hundred fifty dollars erand having no last known address of the owner or no known owner, the mamiml Custodian shall cause a notice to be published in a newspaper of general circulation in the town: The notice shall include a description of the property, the owner of the property if known), the amount or estimated value of the property and, when available, the purpose for which the property was deposited or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the marshal Custodian with a written claim for the return of the property within sib tb days of the date of the publication of the notice, the I•j property shall become the sole property of the town and any claim of the owner to such property shall be deemed forfeited. D. If an apparent owner has not made a claim to the property within the above stated &ixtyth y-day claim period, the finder of record shall be notified by mail and the finder shall have tweaty days to claim the property. If, within the two ythii -day period, the finder makes a demand for the unclaimed property and tenders payment to the town for all. reasonable costs incurred by the town in connection with the possession, storage, publication and mailing of notices regarding the unclaimed property, the property shall be returned to the finder. In the event the finder of unclaimed property is an officer or employee of the town and takes possession of such property, the town shall be deemed the finder of the property. E. If no claimant establishes aright to the unclaimed property by the expiration of the time period set forth in the mailed or published notice, and no finder has claimed the property within the time period set forth in a notification to any finder, the property shall escheat to the town and the owner or person entitled to the property shall be forever barred from any and all claim or right to such property or the proceeds thereof. F. If the marshal Custodian receives a written claim within the sithir -day claim period, the marshnl Custodian shall evaluate the claim and give written notice to the claimant within ninety days thereof that the claim has been accepted or denied in whole or in part. The ma--" Custodian may investigate the validity of a claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. Upon determination of the rightful owner, the me&sM Custodian shall reque A -receive from the owner t&reimbursement to the town for all reasonable costs incurred by the town including all reasonable costs incurred by the town in connection with the possession, storage, publication and mailing of notices regarding the unclaimed property, prior to the release of the unclaimed property. G. In the event there is more than one claimant for the same property, the mar-shal Custodian may, in the ma's Custodian's sole discretion, resolve said claims, or may resolve such claims by depositing the disputed property with the registry of the district court in an interpleader action. H. In the event that all claims filed are denied, the property shall become the sole property of the town and any claim of the owner of such property shall be deemed forfeited. L Any legal action filed challenging a decision of the dal Custodian shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the mAr-AR] Custodian pursuant to the order of the court having jurisdiction over such claim. J. The marshal chief of police is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this chapter. 2.50.030 Sale of unclaimed property. A. Unclaimed property that becomes the property of the town under Section 2.50.020 shall be disposed of by sale, unless the board of trustees provides for a different manner of disposition. However, no firearm or any other deadly weapon shall be subjeeted to public aue4iondisposed of by sale, except that the board of trustees, in its sole discretion and upon terms and conditions it determines, may authorize the sale or donation of a firearm with documented historical value. B. If the property is to be disposed of by sale, the teu-ele4r. Custodian shall: 1. Cause a notice of such sale to be published once, at least three weeks in advance. of the sale , in a newspaper of general circulation in the town describing the property and setting forth the date, time and place of the sale or the date, time and manner in which unclaimed property will be made available for sale. . The 2. Ceause the unclaimed propertyto be auctioned for cash to the highest bidder, or provide for the sale of such item through an agreement for such services as approved by the Board of Trustees, Rw r. unless the ffmfsha�Custodian determines the sale would not be in the best interest of the town. No money or negotiable instruments shall be sold at such a sale; they shall become the property of the town if unclaimed by the owner thereof. If a bid is not made for the unclaimed property offered eA sue for sale, the unclaimed property shall beeemeremain the property of the town; 3. Upon receipt of the cash from the purchaser of the unclaimed property, provide a receipt for the property. and deliver the article together with the bill of sale to the purchaser; and 4. Apply proceeds of the sale of said unclaimed property first to costs of the keeping and sale of said property, and place the balance of said proceeds in the general fund of the town. 4 C. There is no right of redemption from a sale and conveyance of unclaimed property that becomes the property of the town. 2.50.040 Disposition of perishable, bulky, etc., property. A. Notwithstanding any other provision of this chapter, if any property seized or taken possession of by the town is of perishable nature, or is bulky, or is of such a nature as to make it dangerous or inadvisable to retain possession thereof for the length of time specified in this chapter, the marshal hief of police or designee thereof, setting forth his the reasons why the property should, not be retained for the period fixed before selling or disposing of the same, may, with the approval of the mayor, cause the property to be forthwith advertised in the newspaper of general circulation, and sell or dispose of the property at public sale at any time after three days shall have elapsed from the seizure or taking possession thereof. B. In the event the unclaimed property reasonably appears to pose a sanitary or health hazard if stored, the � chief of police_ or desiMee _ thereof may immediately dispose of such property and shall keep a log describing all property disposed of for these reasons. 2.50.050 Illegal weapons. Notwithstanding any other provisions of this code, all illegal weapons, pistols and handguns, and all property the possession of which is illegal by virtue of any town, state or federal law shall be destroyed or turned over to the appropriate authority and shall not otherwise be subject to disposition under Section 2.50.020, 2.50.030 or 2.50.040. Section 2. - If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any 5 judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRO UCED, REA ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this & 'day of . t.r .�-- , 2007. TOWN OF FIRESTO LORADO Michael P. Simone Mayor Attest: �tye od =4 �ES~T.�O'N�F %11+Clerk 1. �? SEAL 6 ORDINANCE NO. �--- AN ORDINANCE REVISING THE USES PERMITTED WITHIN CERTAIN AREAS OF THE LIMITED COMMERCIAL (C-1) ZONE DISTRICT WHEREAS, pursuant to state law, including but not limited C.R.S. §31-23-301 e# sec .,the Town *is authorized to enact zoning regulations to regulate, among other things, the location and use of buildings, structures and land for commercial, residential, industrial and other purposes; and WHEREAS, the Board of Trustees desires to -enact zoning regulations to allow residential uses within the Limited Commercial (C-1) zone district along First Street; and WHEREAS, the Firestone Planning and Zoning Commission after notice and hearing has recommended the Board of Trustees adopt.the amendments set forth in this ordinance; and WHEREAS, the Board of Trustees has provided notice of a public hearing on this ordinance by publication as provided by law and held a public hearing as provided in said notice. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Section 17.20.010 of the Firestone Municipal Code is hereby amended by the addition of a new Subsection H to read as follows: 17.20.010 C-1 districts --Uses permitted. Uses permitted in the C-1 districts shall be as follows: H. Uses permitted in the R-1 district for those areas of the C-1 district that abut First Street. Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTROIUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of , 2007. ATTEST: dpdy F W••• Town Clerk 07126=07 5:01 PM [kkh] SAFireston60rdinancelGI ZoningDistAmend ('07).doc TOWN OF FIRESTONE, COLORADO i L. - t-2� Michael P. Simone Mayor cS'T 01'v� O"000aeft% tO�0jN % i S ti r�+ o h$6..000° �k`SbUN14 ORDINANCE NO. � q3 AN ORDINANCE AMENDING SECTION 5.08.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING HEARINGS ON LOCAL LIQUOR LICENSE APPLICATIONS FOR RENEWAL AND TRANSFER OF OWNERSHIP. WHEREAS, Colorado Revised Statutes, Sections 12-47-302 and 12-47-303 provide that a local licensing authority may cause a hearing on an application for renewal or transfer of ownership to be held; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to require hearings be held before the local licensing authority on applications for renewal and transfer of ownership of local liquor licenses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.020 ofthe Firestone Municipal Code is hereby adopted to read as follows (words to be added are underlined): 5.08.020 Hearings. The provisions of this chapter shall be applicable.to. #lamhearings on whee applications for the issuance of a liquor license or a -fermented-malt beverage license, or for the renewal or transfer of ownership of an existing license, and a hearing shall be held on each such application. The provisions of this chapter afA-shall also apply to hearings for the suspension or revocation of ask license. Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional .or invalid. Section 3. All. other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. L8? UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2007. VA '(0NN `Wkt O i =gad TOWN OF FIRESTONE, COLORADO if seh��yCV��4�� Michael P. Simone Mayor Attest: kdy He ood' Town Clerk 711612007 10:53 AM[edi]5:5FirestonelOrdi m=\I.iquor License Heuings.doc ORDINANCE NO. _LL4 AN [EMERGENCY] ORDINANCE AMENDING CHAPTER 13.04 OF THE FIRESTONE MUNICIPAL CODE REGARDING WATER SERVICE RESTRICTIONS WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to provide that the Board of Trustees may by resolution establish watering restrictions, and to prohibit the waste of water within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN.OF FIRESTONE, COLORADO: Section 1. Chapter 13.04 of the Firestone Municipal Code is hereby amended by the adoption of a new Section 13.04.085 to read as follows: 13.04.085. Water service restrictions. In case of water shortage, scarcity, or emergency, the board of trustees shall have the power and authority to establish by resolution any restrictions deemed necessary upon the use of water for nondomestic purposes,,, including, but not limited to irrigation. Section 2. Chapter 13.64 of the Firestone Municipal Code is hereby amended by the adoption of a new Section 13.04.095 to read as follows: 13.04.095. Waste of water prohibited. . A. Wasting of water is prohibited and all consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. Hose bibs, hydrants, urinals, water closets, bathtubs, and other openings must not be left running for any purpose other than the use for which they were intended. B. Any consumer, user or other person violating any provision of this section or of any resolution of the board of trustees adopted pursuant to section 13.04.085 shall be guilty of a municipal offense and shall be punished by a fine but not imprisonment. The amount of such fine shall be determined by the municipal court. Upon a second and each subsequent conviction for such an offense, and in addition to such fine, the town may discontinue water service to the property served, or the town may install a flow restriction device upon the service line to the property served to limit water service to that necessary for health and sanitary purposes only. No such discontinuance of or restriction upon water service shall extend for more than ten days for each conviction. At least ten days notice and an opportunity to be heard before the town administrator shall be given prior to each discontinuance or restriction of water service pursuant to this section. C. Watering or, irrigating at anytime or in any manner prohibited by a resolution ofthe board of trustees adoptedpursuant to section 13.04.085 shall constitute prima facie evidence of waste of water. Section 3. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate the amendments to the Firestone Municipal Code set forth in this ordinance, so as to enable the Town to timely address current issues effecting water deliveries to the Town caused by an accident at the water treatment facility that serves the Town. Therefore, this ordinance and the amendments to the Firestone Municipal Code set forth herein shall take effect July 26, 2007, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees.] Attest: 'P.MA" •, / ' / I i Wr r � 7/26/2007 1:21 PM [edl] S:1Firestone\Ordinance\Water.Service.Restrictions.doc TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor !-come ,`Q eAWN ►hc�o coin'! "- iI llllll lllllllllll lllii lllllllll lllllll 111 lllll llll llil 3522368 12/07/2007 02:35P Weld County, CO 1 of 4 R .21.00 D 0.00 Steve Moreno Cleric & Recorder ORDINANCE NO. S AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE LEXINGTON VILLAGE ANNEXATION TO THE' TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for'annexation of certain unincorporated property, to be known as the Lexington Village Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to :Sections 31-12-108 to '-110, C.R.S., the Board of Trustees on March 28, 2002 held a duly =noticed publi& hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on June 19 and 261 and July 3 and 10, 200.7 in the Daily Times -Call and on June 20 and 27, and July 4 and 11, 2007 in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the `petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is, -not required, and fin-ther found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Lexington Village Annexation, is hereby approved and such property is made a part of and .annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to .the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of x- ` 2007. TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor 3522368 12/07/2007 02:35P Weld County, CO 2 of 4 R 21.00 0 0.00 Sieve Moreno Clerk & Recorder ATTEST: y H ood, Town Cle IPO SEAL SR00, 2 I1iiI_ __ _ Illllll 4II illll 1111 IN II lllll III1lI Il1111111Ii1I1 3522368 12/0712007 02:35P Weld County, CO ` 3 of 4 R 21.00 0 0.00 sieve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: A parcel of land being part of Lot B of Recorded Exemption No. 1313-11-4-RE-3182, a Recorded Exemption located in the southeast 1/4 of Section 11, Township 2 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, according to the plat recorded February 11, 2002 at Reception No. 2924195 of the Weld County records, more particularly described as follows: Commencing at the south quarter corner of said Section 11; thence north 00°12'30" east, along the west line of said southeast 1/4 of said Section 11 a distance of 30.00 feet to the point of beginning; Thence continuing along said west line north 00° 12'30" east, a distance 2632.77 feet to the northwest corner of said southeast 114; Thence south 89°33'40" east, along the north line of said southeast 1/4 a distance of 2572.99 feet to a point on the west right-of-way line of Birch Street (Weld County Road 11); Thence south 00°06'55" east, along said west right-of-way line a distance of 273.58 feet to a point on the northerly line of Monarch Estates first filing, recorded at Reception No. 2911121 of said Weld County records; Thence along the northerly line of said Monarch Estates first filing the following three (3) courses: 1.) South 66°52'18" west, a distance of 244.14 feet; 2.) South 40°28'51" west, a distance of 191.92 feet; 3.) South 60°02'29" west, a distance of 155.40 feet to the northeast corner of Monarch Estates 2nd filing, recorded at Reception No. 2911123 of said Weld County records; Thence along the northerly and westerly lines of said Monarch Estates 2nd Filing the following twelve (12) courses: 1.) South 8391'45" west; a distance of 126.52 feet; 2.) North 82'12'00" west, a distance of 25 5.5 0 feet; 3.) South 8V5014" west, a distance of 132.22 feet; 4.) South 65°58'11" west, a distance of 22 5. 10 feet; 5.) South 62°43'10" west, a distance of 82.47 feet; 6.) South 50°33'38" west, a distance of 326.83 feet; 7.) South 30°26'34" west, a distance of 128.34 feet; 8.) South 19'52'1611'west, a distance of 126.45 feet; 9.) South 14°42'04" west, a'distance of 209.51 feet; 10.) South 00046'36" west, a distance of 121.43 feet; 11.) South 11007'06" east, a distance of 158.82 feet; 12.) South 04°26'17" east, a distance of 180.58 feet to the southwest corner of said Monarch Estates 2nd filing; Thence south 00020'58" west, a distance of 259.48 feet; 3 I IIIIII li4ii 111411IIIII11441i 14 4 illl111411IIIII ilil Ilil . 3522368 12/07/2007 02:35P Weld County, CO 4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder J Thence south 05°34'09" east, a distance of 545.16 feet to a point on the north right-of-way line of Sable Avenue (Weld County Road 22); Thence north 89°35'35" west, along said north right-of-way line a distance of 991.39 feet to the point of beginning. Containing 3,487,776 square feet or 80.0683 acres, more or less. OR/03/2007 423 PM [kkb] S:TirestonelAnnexat onlLexington Village.ord m 41 4 tom• - / Please Return TO: Town, of Firestone --P.O. Box 100 Firestone)C0 80520 '� ' I IIIIII IIIII IIIIII IIIII IIIIIIIII Illflll III IIIII IIII IIII 3522369 12/07/2007 02:35P Weld County, CO - - ; 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. t0 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE LEXINGTON VILLAGE ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Lexington Village Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305; and WHEREAS, the landowner of the property requested a Planned Unit Development zoning classification with Residential-C, .Open Space and Agricultural land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Lambertson Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing .on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Lexington Village Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, with Residential C, Open Space and Agricultural land uses, pursuant to the zoning ordinances of the Town and in accordance with the Outline Development Plan for the Lexington Village approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. The legal description for the area zoned residential and open space is set forth in Exhibit A-1, and the legal description for the area zoned agricultural is set forth in Exhibit A-2. Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Lambertson Annexation, subject to the conditions set forth in Exhibit B. IIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIIIIIIIII 3522369 12/07/2007 02:35P Weld County, CO 2 of 7 R 36.00 o 0.00 Steve Moreno Clerk & Recorder INTRODUCED READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thiQ_4day of 12007. TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor ATTEST: %Ile ONF � � •pee.eese •• o °a o, OVAL = 8� • 44r, , � o O `eeeseeeN� 4 •i I IIIIII IIIII IIIIII IIIII IIIIII III IlIIIII III IIIII IIII III 3522369 12/07/2007 02:35P Weld County, CO 3 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION OF LEXINGTON VILLAGE ANNEXATION PROPERTY A parcel of land being part of Lot B of Recorded Exemption No. 1313-11-4-RE-3182, a Recorded Exemption located in the southeast 114 of Section 11, Township 2 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, according to the plat recorded February 11, 2002 at Reception No. 2924195 of the Weld County records, more particularly described as follows: Commencing at the south quarter corner of said Section 11; thence north 00*1730" east, along the west line of said southeast 114 of said Section 1.1 a distance of 30.00 feet to the point of beginning; Thence continuing along said west line north 00012'30" east, a. distance 2632.77 feet to the northwest corner of said southeast 114; Thence south 89°33'40" east, along the north line of said southeast 114 a distance of 2572.99 feet to a point on the west right-of-way line of Birch Street (Weld County Road 11); Thence south 00006'55" east, along said west right-of-way line a distance of 273.58 feet to a point on the northerly line of Monarch Estates first fling, recorded at Reception No. 2911121 of said Weld County records; Thence along the northerly line of said Monarch Estates first filing the following three (3) courses: 1.) South 66'52'18" west, a distance of 244.14 feet; 2.) South 40°28'51" west, a distance of 191.92 feet; 3.) South 60°02'29" west,, a distance of 155.40 feet to the northeast corner of Monarch Estates 2nd filing, recorded at Reception No., 2911123 of said Weld County records; Thence along the northerly and westerly lines of said Monarch Estates 2nd Filing the following twelve (12) courses: 1.) South 83°31'45" west, a distance of 126.52 feet; 2.) North 82"12'00" west, a distance of 255.50 feet; 3.) South 81 050'14" west; a distance of 132.22 feet; 4.) South 65"58'11" west, a distance of 225.10 feet; 5.) South 62*43'10" west, a distance of 82.47 feet; 6.) South 50033'38" west, a distance of 326.83 feet; 7.) South 30°26'34" west, a distance of 128.34 feet; 8.) South 19'52'16" west, a distance of 126.45 feet; 9.) South 14°42'04" west, a distance of 209.51 feet; 10.) South 00°46'36" west, a distance of 121.43 feet; 11.) South 11'07'06" east, a distance of 158.82 feet; 12.) South 04"2617" east, a distance of 180.58 feet to the southwest corner of said Monarch Estates 2nd filing; Thence south 00°20'58" west, a distance of 259.48 feet; Thence south 05°34'09" east, a distance of 545.16 feet to a point on the north right-of-way line of Sable Avenue (Weld County Road 22); Thence north 89035'35" west, along'said north right-of-way line a distance of 991.39 feet to the point .of beginning. Containing 3,487,776 square feet or 80.0683 acres, .more or less. 3 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3522369 12/0712007 02:35F Weld County, CO 4 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A-1 Legal Description of Residential/Open Space Area A parcel of land being part of tot B of Recorded Exemption No. 1313-114-RE-3182, a Recorded Exemption located in the southeast 1/4 of Section 11, Township 2 North, Range 68_ West of the Sixth Principal Meridian, County of VVeld, State of Colorado, according to the plat recorded February 11, 2002 at Reception No. 2924195 of the Weld County records, more particularly described as follows: Commencing at the south quarter corner of said Section 11; thence north 00'12'30" east, along the west line of said southeast 114 of said Section 11 a distance of 1324.31 feet to the point of beginning; Thence continuing along said west line north 00"12'30" east, a distance 1338.46 feet to the northwest comer of said southeast 114; - Thence south 8903340" east, along the north line of said southeast 114 a distance of 2572.99 feet to a point on the west right-of-way line of Birch Street (Weld County Road 11)1 Thence south 0000655" east, along said west right-of-way line a distance of 273.58 feet to a point on the northerly line of Monarch Estates first filing, recorded at Reception No. 2911121 of said Weld County records, Thence along the northerly line of said Monarch Estates first filing the following three (3) courses: 1.) South 6605718" west, a distance of 244.14 feet; 2.) South 40°28'51" west, a distance of 191.92 feet; 3.) South 60002*29" west, a distance of 155.40 feet to the northeast corner of Monarch Estates 2nd filing, recorded at Reception No. 2911123 of said Weld County records; Thence along the northerly andwesterly lines of said Monarch Estates 2nd Filing the following twelve (12) courses: 1.) South 83031'45" west, a distance of 126.52 feet; 2.) North 82"12'00" west, a distance of 255.50 feet; 3.) South 81 *5014",west, a distance of 132.22 feet; 4.) South 65'58'11" west, a distance of 225.10 feet; 5.) ' South 6204310" west, a distance of 82.47 feet; 6.) South 50°33'38" west, a distance of 326.83 feet; 7.) South 30°26'34" west, a distance of 128.34 feet;, 8.) South 19'52'16" west, a distance of 126.45 feet; 9.) South 14042'04" west, a distance of 209.51 feet; 10.) South 00°46'36" west, a distance of 121.43 feet; 11.) South 11'07'06" east, a distance of 158.82 feet; 12.) South 0402617" east, a distance of 180.58 feet to the southwest corner of said Monarch Estates 2nd filing; Thence south 00020'58" west; a'distance of 259.48 feet; Thence south 05°34'09" east, a distance of 525.05 feet to a point on the north right-of-way line of Sable Avenue (Weld County Road 22)', Thence north 89"35'35" west, along said north right-of-way line a.distance.of 297.66 feet. 4 I IIIIII IIIII IIIIII IIIII IIIIII III 1111111111 BE 1111 IN 3522369 12/07/2007 02:35P Weld County, CO l 5 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder Thence along the following twenty five (25) courses: 1.) Thence north 00°02'35" east, a distance of 213.75 feet; 2.) Thence along the are of a curve to the left having a radius of 223.00 feet and a -central angle of 05"37'15", an arc distance of 21.88 (chord bears north 02044'56" west, 21.87 feet); 3.) North 05033'33" west, a distance of 264.51 feet; 4.) Thence along the arc of a curve to the left having a radius of 377.00 feet and a central angle of 05°34'47", an arc distance of 36.71 (chord bears north 0294610". west, 36.70 feet); 5.) North 00*01'14" east, a distance of 118.88 feet; 6.) North 54056'06" west, a distance of 51.08 feet 7.) North 69°34'54" west, a distance of 62.06 feet; 8.) North 70°48'37" west, a distance of 37.90 feet; 9.) South 88012'13" west, a distance of 58:32 feet; 10.) North 65000'06" west, a distance of 77.76 feet; 11.) North 56005'20" west, a distance of 97.12 feet; 12) North 29007'42" west, a distance of 79.22 feet; 13.) North 20'12'56" west, a distance of 46.37 feet; 14.) North 61 °04'58" west, a distance of 27.62 feet; " 15.) North 86049'25" west, a distance of 59.38 feet; 16.) North 73019'04" west, a distance of 34.39 feet; 17.) North 21'28'08" west, a distance of 49.50 feet; 18.) North 02036'19" west, a distance of 72.46 feet; 19.) North 05032'01" east, a distance of 51.24 feet, 20.) North 01 °35'34" east, a distance of 59.25 feet; 21.) North 11"1§ 18" west, a distance of 33.56 feet; 22.) North 31 "55'22" west, a distance of 31.07 feet; 23.) North 54°29'30" west, a distance of 41.00 feet; 24.) North 71039'42"'west, a distance of 38.91 feet; 25.) North 69030'00" west, a distance of 36.87 feet to the point of beginning; Containing 2,877,998 square feet or 66.0697 acres, more or less. 5 ~ I IIIIII IIII�IIIIII IIIII IIIIIIIlI IIII�II III IIIII 1111 IN 3522369 12/07/2007 02:35P Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder - _-- -_� EXHIBIT A-2 Legal Description of Agricultural Area A parcel of land being part of Lot B of Recorded Exemption No. 1313-11-4-RE-3182, a Recorded Exemption located in the southeast 114 of Section 11, Township 2 North, Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, according to the plat recorded February 11, 2002 at Reception No. 2924195 of the Weld County records, more particularly described as follows: Commencing at the south quarter corner of said Section 11; thence north 00'12'30" east, along the west line of said southeast 114 of said Section 11 a distance of 50.00 feet to the point of beginning; Thence continuing along said west line north 00°12'30" east, a distance 1274.31 feet to the northwest corner of said southeast 114; Thence along the following twenty five (25) courses: 1.) South 69°30'00" east, a distance of 36.87 feet; 2.) South 71 °3942" east, a distance of 38.91 feet; 3.) South 54°29'30" east, a distance of 41.00 feet; 4.) South 31 °55'22" east, a distance of 31.07 feet; 5.) South 11'19'18" east, a distance of 33.56 feet; 6.) South 01 035'34" west, a distance of 59.25 feet; 7.) South 05°32'01" west, a distance of 51.24 feet; 8.) South 02036'19" east, a distance of 72.46 feet; 9.) South 21 °28'08" east, a distance of 49.50 feet; 10.) South 73'19'04" east, a distance of 34.39 feet; 11.) South 86°49'25" east, a distance of 59.38 feet; 12.) South 61 "04'58" east, a distance of 27.62 feet; 13.) South 20°12'56" east, a distance of 46.37 feet; 14.) South 29007'42" east, a distance of 79.22 feet; 15.) South 56005'20" east, a distance of 97.12 feet; 16.) South 65°00'06" east, a distance of 77.76 feet, 17.) North 88"12'13" east, a distance of 58.32 feet; 18.) South 70048'37" east, a distance of 37.90 feet; 19.) South 69034'54" east, a distance of 62.06 feet; 20.) South 54"56'06" east, a distance of 51.08 feet; 21.) South 00001'14" west, a distance of 118.88 feet; 22.) Thence along the arc of a curve to the left having a radius of 377.00 feet and a central angle of 05°34'47", an arc distance of 36.71 (chord bears south 02°46'10" east, 36.70 feet); 23.) South 05°33'33" east, a distance of 264.51 feet; 24.) Thence along the arc of a curve to the right having a radius of 223.00 feet and a central angle of 05037'15", an arc distance of 21.88 (chord bears south 02°44'56" east, 21.87 feet); 25.) South 00002'35" west, a distance of 213.75 feet to a point on the north right-of-way line of Sable Avenue (Weld County Road 22); Thence north 89°35'35" west, along said north right-of-way line a distance of 691.71 feet to the point of beginning. Containing 589,969 square feet or 13.5438 acres, more or less. 6 ', � ���III IIII� Ilf��l III�I l���II Ilf IIIIIII ��I IIIII I� i - 3522369 121071� IIII 2007 02:35P Weld County, CO 7 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Lexington Village Annexation Conditions of Approval Annexation and Initial Zoning/ODP 1. In the Land Use and Zoning section, remove items A.9.. and B.6 as such authority is not provided for in the Regulations. 2. In the Land Use and Zoning section, further clarify that any borrow pit is required to have a Conditional Use Permit as required by the Firestone Development Regulations. 3. In the Land Use and Zoning section, remove item A.8 and B.5 as such items are already - provided for in the Firestone Development Regulations. 4. In the Land Use and Zoning section, remove the references to "use by right" as this is a PUD district. 5. Clarify that the noted oil and gas production and storage facilities are limited to local extraction and not regional facilities. 6. In the Density section, remove "appropriately sized" and establish maximum potential floor area, building coverage and minimum building setback standards for any agricultural or open spaces use. 7. Execute an annexation agreement acceptable to the Town. 8. Revise reference to "Kinder Morgan" to be "Source Gas." 9. Provide separate legal descriptions for the areas designated on the ODP as Residential/Open Space and Agricultural. 08l0&2007 3:02:57 PM [kkh] S:\FirestoneVamenation\Lzxington Vdhge.wne.ord.doc 7 Please Return To. - Town of Firestone P.O. Box 100 Firestone, CO 80520 �_ . � IIII III IIIII IIII IIII I IIIIII IIIII IIIIII IIIIII III IIIIIII I 3567924 07/23/2008 12:51P Weld County, CO 1 of 3 R %00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. z47 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE SHORES SECOND ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Shores Second Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on August 23, 2007 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on July 24 and 31 and August 7 and 14, 2007 in the Daily Times -Call and July 25 and August 1, 8 and 15, 2007 in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Shores Second Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory issubject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODgCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this �23 day ofAu 2007. TOWN OF F STONE, COLORADO Michael P. Simone, Mayor ATTEST: Lt1 d ao'C J Hegw d, Town Clerk crg ~o'er i a SEAL s o e 11+ t� ®� i t� '•� � r, ,s 1111111111 Hill 11111111111111111111111111111111111111 3567924 07/23/200 1111 8 12.• 51P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder __--� - EXHIBIT�A LEGAL DESCRIPTION - THE SHORES SECOND ANNEXATION: A PARCEL OF LAND BEING A PART OF LOT B, RECORDED EXEMPTION 1313-1-2-RE 2024 AS RECORDED IN WELD COUNTY AT RECEPTION NUMBER 2562346, LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY -DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 1, ALSO BEING A CORNER OF THE SHORES ANNEXATION TO THE TOWN OF FIRESTONE AS RECORDED AT RECEPTION NUMBER 2629149, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 1 TO BEAR S00009'44"E, A DISTANCE OF 1330.13 FEET, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S00009'44"E, ON THE WESTERLY LINE OF SAID ANNEXATION BOUNDARY A DISTANCE OF 243.89 FEET; THENCE ON THE NORTHERLY LINE OF SAID ANNEXATION BOUNDARY THE FOLLOWING EIGHT COURSES: 1) N72°19'40"W, A DISTANCE OF 56.47 FEET; 2) N83055'27"W, A DISTANCE OF 27.17 FEET; 3) N83008'22"W, A DISTANCE OF 48.37 FEET,- 4) N54030'38"W. A DISTANCE OF 30.81 FEET; 5) S89044'08"W, A DISTANCE OF 55.00 FEET; 6) . S84°32'28"W, A DISTANCE OF 132.54 FEET; 7) S72°14'05"W, A DISTANCE OF 116.39 FEET; 8) S74"04'48"W, A DISTANCE OF 225.12 FEET; THENCE N01 "59'04"W, ON THE EASTERLY LINE OF SAID ANNEXATION BOUNDARY, A DISTANCE OF 65.63 FEET TO THE SOUTHEASTERLY CORNER OF LOT A, RECORDED EXEMPTION 1313-1-2-RE 2024 AS RECORDED IN WELD COUNTY AT RECEPTION NUMBER 2562346; THENCE DEPARTING SAID ANNEXATION BOUNDARY, AND ON THE NORTHERLY LINE OF LOT A, RECORDED EXEMPTION 1313-1-2-RE 2024 AS RECORDED IN WELD COUNTY AT RECEPTION NUMBER 2562346, THE FOLLOWING FOUR COURSES, 1) N48036'54"W, A DISTANCE OF 50.48 FEET,- 2) N85025'18"W, A DISTANCE OF 377.66 FEET; 3) N06°01'15"W, A DISTANCE OF 223.99 FEET, 4) N83°57'33"W, A DISTANCE OF 198.46 FEET, THENCE N00021'01"E, ON A LINE 30.00 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE EAST 112 OF THE NORTHWEST 114 OF SAID SECTION 1, A. DISTANCE OF 1187.69 FEET, 2 I 11111111111111111111111111111111111111111111111111111111111111 IN 3567924 07/23/2008 12:51P Weld County, CO 3 of 3 R 16.00 Q 0.00 Steve Moreno Clerk & Recorder THENCE N88°13'56"E, ON A LINE 30.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 1, A DISTANCE OF 1294.66 FEET; THENCE S00009'44"E, ON THE EAST LINE OF THE NORTHEAST 114 OF SECTION 1, A DISTANCE OF 1290.03 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 1,884,077 SQUARE FEET OR 43.252 ACRES, MORE OR LESS. 9120/2007 12;06 PM [edl] SAfirestone\AnnemtiWShores Smond.ord.doc W 111111111111111111111111111111111111111111111111111 llll 3567927 07/23/2008 12:51P Weld County, CO 1 of 8 R 41.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO.1 `7 9 AN ORDINANCE APPROVING A REZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE SHORES. WHEREAS, an application was filed with the Board of Trustees for approval of a rezoning request and amended Outline Development Plan for certain property known as the Shores; and WHEREAS, concurrent with such application, a petition for annexation of certain property known as the Shores Second Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property known as the Shores Second Annexation was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the Shores property, which includes the Shores Second Annexation is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property .has requested a Planned Unit Development zoning classification with Residential A (PUD R-A), Residential B, (PUD R-B), Residential C (PUD R-C), Regional Commercial (PUD- RC) and Open Space (PUD-OS) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Shores; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Shores, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development with Residential A (PUD R-A), Residential B, (PUD R-B), Residential C (PUD R-C), Regional Commercial (PUD- RC) and Open Space (PUD-OS) land uses, pursuant to the zoning ordinances of the Town and in accordance with the Outline Development Plan. for the Shores I II�l�� ��III III��I III�II I�� III�I IIII + 3567927 07/23/2008 12:51P Weld County, CO 2 of 8 R 41.00 0 0.00 Steve Moreno Clerk & Recorder approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Shores, subject to the conditions set forth in Exhibit B. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisXday of 2007. TOWN -OF FIRESTONE, COLORADO Michael P. Simone Mayor ATTEST: -u1da� Hegwo own CIerk 2 30 IIIIIII IIIIIIIIIII IIIIIIIII IIIIIII illll 111 lull IIII IlII 3567927 07/23/2008 12:51P Weld County, CO 3 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Legal Description — Zoning and ODP A PARCEL OF LAND LOCATED IN SECTION 1 AND THE EAST HALF OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 1, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 1 TO BEAR SOUTH 89030'57" WEST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 00009'42" WEST, ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 1, A DISTANCE OF 30.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.24 AS DESCRIBED IN BOOK 86 AT PAGE 273, ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 89031'05" WEST, ON SAID NORTH RIGHT-OF-WAY LINE, BEING 30 FEET NORTHERLY AND PARALLEL TO SAID SOUTH LINE OF THE SOUTHWEST 1/4, A DISTANCE OF 1397.19 FEET TO THE EASTERLY LINE OF TRACT 2 AS DESCRIBED AT RECEPTION NO. 3157965, ALSO BEING THE EASTERLY LINE OF RECEPTION NO. 3001391, BOTH OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ON SAID RECEPTION NO. 3001391 THE FOLLOWING THREE (3) COURSES; 1. NORTH 00028'49" WEST, A DISTANCE OF 30.00 FEET; 2. SOUTH 89031'05" WEST, A DISTANCE OF 1343.99 FEET TO THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 1; 3. SOUTH 00051'59" WEST, ON SAID WEST LINE, A DISTANCE OF 30.01 FEET TO THE SAID NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 24 DESCRIBED IN BOOK 86 AT PAGE 273, BEING 30 FEET NORTHERLY OF SAID SOUTH LINE OF THE SOUTHWEST 1/4; THENCE SOUTH 89055'05" WEST, CONTINUING ON SAID NORTH RIGHT-OF-WAY LINE BEING 30 FEET NORTHERLY AND PARALLEL TO THE SOUTH LINE OF THE EAST 1/2 OF THE SE 1/4 OF SAID SECTION 2, A DISTANCE 3.00 FEET TO THE EASTERLY LINE OF RECORDED EXEMPTION NO. 1313-2-4-RE405 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ON SAID RECORDED EXEMPTION THE FOLLOWING FOUR (4) COURSES: 1. NORTH 00051'59" EAST, A DISTANCE OF 509.82 FEET; 2. SOUTH 62017'55" WEST, A DISTANCE OF 295.70 FEET; 3. SOUTH 29047'27" WEST, A DISTANCE OF 207.93 FEET; 4. SOUTH 16025'34" WEST, A DISTANCE OF 169.34 FEET, TO THE NORTH LINE OF RECEPTION NO. 3001389 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER, BEING 60 FEET NORTHERLY OF THE SOUTH LINE OF THE EAST % OF THE SE % OF SAID SECTION 2; THENCE SOUTH 89055'05" WEST, ON SAID NORTH LINE RECORDED AT RECEPTION NO. I IIIIII I Ilil I Iliil Illil I III lilllllllilllllillllililllil 3567927 07/23/2008 12:51P Weld County, CO 4 of 8 R 41.00 D 0.00 Ste►re Moreno Clerk & Recorder 3001389, BEING 60 FEET NORTHERLY AND PARALLEL TO THE SOUTH LINE OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 2, A DISTANCE OF 855.46 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 9-314 AS DESCRIBED IN BOOK 86 AT PAGE 273, ALSO BEING 30 EASTERLY OF THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST 114 OF SAID SECTION 2; THENCE NORTH 00043'22" EAST, ON SAID EASTERLY RIGHT-OF-WAY LINE, 30 FEET EASTERLY AND PARALLEL TO SAID WEST LINE OF THE EAST HALF OF THE SOUTHEAST 114, DISTANCE OF 2597.74 FEET TO THE NORTH LINE OF THE EAST HALF OF THE SOUTHEAST 114 OF SAID SECTION 2 THENCE NORTH 00042'15" EAST, CONTINUING ON SAID EASTERLY RIGHT-OF-WAY LINE, BEING 30 FEET EASTERLY AND PARALLEL TO THE WEST LINE OF THE SOUTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 2, A DISTANCE OF 1284.90 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24-314 AS DESCRIBED IN BOOK 86 AT PAGE 273, BEING 30 FEET SOUTHERLY OF THE NORTH LINE OF SAID SOUTHEAST 114 OF THE NORTHEAST 1I4; THENCE NORTH 89°47'01" EAST, ON SAID SOUTHERLY RIGHT-OF-WAY LINE, BEING 30 FEET SOUTHERLY AND PARALLEL TO SAID NORTH LINE OF THE SOUTHEAST 114 OF THE NORTHEAST 114, A DISTANCE OF 1274.19 FEET TO THE WEST LINE OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SAID SECTION 1, THENCE NORTH 89047-01" EAST, 30 FEET SOUTHERLY AND PARALLEL TO THE SAID NORTH LINE OF THE SOUTHEAST 114 OF THE NORTHEAST 114 OF SECTION 2, A DISTANCE OF 0.97 FEET; THENCE NORTH 88013'14" EAST, 30 FEET SOUTHERLY AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SAID SECTION 1, A DISTANCE OF 1335.27 FEET TO THE WEST LINE OF THE SOUTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 1, ALSO BEING THE WESTERLY LINE OF RECORDED EXEMPTION NO. 1313-1-2-RE2024 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ON THE WEST LINE OF SAID EXEMPTION NO. 1313-1-2-RE2024, AND ON THE WEST LINE OF THE SOUTHEAST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 1; SOUTH 00021'01" WEST, A DISTANCE OF 587.70 FEET TO THE SOUTHWEST CORNER OF SAID EXEMPTION NO. 1313-1-2-RE20242; THENCE ON THE SOUTH LINE OF SAID EXEMPTION NO. 1313-1-2-RE20242 THE FOLLOWING TWO (2) COURSES: 1. NORTH 56°46'10" EAST, A DISTANCE OF 528.30 FEET; 2. NORTH 61 `15'07" EAST, A DISTANCE OF 259.69 FEET; THENCE ON THE SOUTH AND SOUTHWEST LINE OF LOT "B", SAID EXEMPTION NO. 1313-1-2-RE2024 THE FOLLOWING FOUR (4) COURSES: 1. NORTH 48036'54" WEST, A DISTANCE OF 50.48 FEET; 2. NORTH 85025'18" WEST, A DISTANCE OF 377.66 FEET; 4 IIIIIIIII III it l!!I Illlll II! illllll IIIII III IIIII IIII IIII 3567927 07/23/2008 12:51P Weld County, CO 5 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Rera,der 3. NORTH 06001'15" WEST, A DISTANCE OF 223.99 FEET; 4. NORTH 83057'33" WEST, A DISTANCE OF 198.46 FEET TO THE EAST LINE OF WELD COUNTY ROAD 11-1/4 , SAID POINT BEING 30.00 FEET EAST OF THE WEST LINE OF THE NORTHEAST % OF THE NORTHWEST % OF SAID SECTION 1; THENCE ON THE SAID EAST LINE OF WELD COUNTY ROAD 11-1A AND ON A LINE PARALLEL TO AND 30.00 FEET EAST OF THE WEST LINE OF THE NORTHEAST'/ OF THE NORTHWEST % SAID SECTION 1, NORTH 00021'01" EAST, A DISTANCE OF 1187.69 FEET; THENCE ON THE SOUTH LINE OF WELD COUNTY ROAD 26 AND ON A LINE PARALLEL TO AND 30.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST % OF SAID SECTION 1, NORTH 88013'56" EAST, A DISTANCE OF 1294.66 FEET; THENCE ON THE EAST LINE OF SAID EXEMPTION NO. 1313-1-2-RE20242, AND ON THE EAST LINE OF THE NORTHWEST % OF SAID SECTION 1, SOUTH 0000944" EAST, A DISTANCE OF 1290.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST Y, OF THE NORTHWEST % SAID SECTION 1, ALSO BEING THE NORTHWEST CORNER OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 1; THENCE NORTH 88012'08" EAST, ON THE NORTH LINE OF SAID SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 1, A DISTANCE OF 1970.06 FEET TO THE NORTHWEST CORNER OF RECEPTION NO. 1447451, RECORDED OCTOBER 16, 1964, OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 00015'05" EAST, ON THE WEST LINE OF SAID RECEPTION NO. 1447451, A DISTANCE OF 330.36 FEET; THENCE SOUTH 00018'10" EAST, A DISTANCE OF 262.96 FEET TO THE NORTHWEST CORNER OF RECEPTION NO. 1508174, RECORDED SEPTEMBER 26, 1967, OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE SOUTH 00015'05" EAST, ON THE WESTERLY LINE OF SAID RECEPTION NO. 1508174, ALSO OF RECEPTION NO.425433, RECORDED JANUARY 6, 1964, A DISTANCE OF 725.09 FEET TO THE NORTHERLY LINE OF RECEPTION NO. 2933109, RECORDED MARCH 14, 2002, OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER, ALSO BEING THE NORTHERLY LINE OF MOUNTAIN SHADOW SUBDIVISION FILING NO. 1, RECORDED AT RECEPTION NO. 3037982 AND NO. 3091602, BOTH OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; THENCE ON THE NORTHERLY AND WESTERLY LINES OF BOTH SAID RECEPTION NO. 2933109 AND OF SAID MOUNTAIN SHADOW SUBDIVISION FILING NO. 1 THE FOLLOWING TWO (2) COURSES; 1. NORTH 89045'47" WEST, A DISTANCE OF 1971.59 FEET TO THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 1; 2. SOUTH 00009'30" EAST, ON SAID WEST LINE OF THE SOUTH HALF OF THE NORTHEAST 1/4, A DISTANCE OF 81.68 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 1; 5 11111111111111111111111111111111111111111111111111 IN 3567927 07/23/2008 12:51P Weld County, CO 6 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder THENCE CONTINUING ON SAID MOUNTAIN SHADOW SUBDIVISION FILING NO. 1 THE FOLLOWING THREE (3) COURSES; 1: SOUTH 00°10'00" EAST, ON THE EAST LINE OF THE NORTHEAST 114 OF THE SOUTHWEST 114 OF SAID SECTION 1, A DISTANCE OF 1352.51 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF SAID SECTION 1; 2. NORTH 88058'07" EAST, ON THE NORTH LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SECTION 1, A DISTANCE OF 1316.82 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1; 3. SOUTH 00014'25" EAST, ON THE EAST LINE OF SAID SOUTHWEST.1/4 OF THE SOUTHEAST 114 OF SECTION 1, A DISTANCE OF 1335.14 FEET TO SAID NORTH RIGHT- OF-WAY LINE OF WELD COUNTY ROAD NO. 24, AS DESCRIBED IN SAID BOOK 86 AT PAGE 273, ALSO BEING 30 FEET NORTHERLY OF THE SOUTH LINE OF SAID SOUTHWEST 114 OF THE SOUTHEAST 114 OF SAID SECTION 1; THENCE SOUTH 89"30'57" WEST, ON SAID NORTHERLY RIGHT-OF-WAY LINE DESCRIBED IN BOOK 86 AT PAGE 273, ALSO BEING 30 FEET NORTHERLY AND PARALLEL TO SAID SOUTH LINE, A DISTANCE OF 1318.51 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS A CALCULATED AREA OF, 21,205,738 SQUARE FEET OR 486.82 ACRES MORE OR LESS. no ������l ollIIIIII 1111 IN 3567927 07/23/2008 12:51P Weld County, CO 7 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B The Shores Zoning and ODP Conditions of Approval General 1. Address redline comments from Town. Engineer. 2. Be consistent with the Center street name and remove references to Firestone streets as Weld County Roads. Shores Second Annexation 3. Execute an Annexation Agreement in a form acceptable to the Town. Annexation Map 4. Revise the Surveyor's certificate to read as follows. Surveyor's Certificate I, Robert E. Harris, a duly registered land surveyor in the state of Colorado, so hereby represent that the above may map truly and correctly represents the results of a survey performed by me or under my direction and that the annexation conforms to Colorado Revised Statutes pertaining to Annexations A*ae*a6afi Maps. [signature line to remain as it is] 5. Remove the Clerk and Recorder's Certificate. Outline Development Plan 6. Provide an updated title commitment which uses the overall legal description on the ODP and copies of all Schedule B exceptions identified on the title commitment. 7. ODP text should appear on Sheet 2 of 5'. 8. Provide a separate legal description for "PA'5" and remove the duplicate Utilities Section. 9. Use one reference for Owner/Developer so that specific companies are not referenced in the text, as this ODP runs with the land. 10. Under."Service Requirements" delete the reference to ambulance service to be provided by the Tri-Area Ambulance District 11. In the Density section, replace "R-C zone" with "R-C land use." 7 . I IIIIII Ilidl IIIIII III�I1 !III 35fi7927 071231 1111 IN 8 of 8 R 4�.OU �p O.UO � SteU MeodrenouClerCO k &Recorder � 12. Delete the second paragraph under "Private maintenance and enforcement." 13. Modify the Trail Note section to clarify that trail construction may occur provided there is not a direct conflict with mining operations. Also, clarify that other potential trail corridors may be feasible based on further analysis of mining operations. RM/2007 12:47 PM[edl] S:1Fires[onelAnnexa6onlTheShorm.mne.ord.doc - ORDINANCE NO.649 SERIES 2007 AN ORDINANCE AMENDING SECTIONS 9.08.070 AND 9.16.150 OF THE FIRESTONE MUNICIPAL CODE PERTAINING TO DESIGNATION OF CERTAIN OFFENSES AS PETTY OFFENSES. WHEREAS, Section 9.08.070 of the Firestone Municipal Code sets forth the violation of littering, which is neither designated as a petty offense or a misdemeanor; and WHEREAS, Section 9.16.150 of the Firestone Municipal Code sets forth the violation of operating go-carts and go-peds, which is neither designated as a petty offense or a misdemeanor; and WHEREAS, Ordinance No. 650, adopted contemporaneously, sets forth that all undesignated violations in Title 9 will be misdemeanors; and WHEREAS, the Board of Trustees desires to amend Sections 9.08.070 and 9.16.150 of the Firestone Municipal Code to designate each as a petty offense. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9.08.070 of the Firestone Municipal Code is hereby amended by adding a new subsection H to read as follows (words to be deleted shown in stri#eeut; words to be added underlined : 9.08.070 Littering H. A violation of this section shall be a pqgy offense. Section 2. Section 9.16.150 of the Firestone Municipal Code is hereby amended by adding a new subsection C to read as follows (words to be deleted shown in see ; words to be added underlined): 9.16.150 Go-carts and go-peds. C. A violation of this section shall be a ppM offense. Section 3. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section S. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 23 d day of August, 2007. Attest: Mayor 07/2007 8:52 AM[drd]S:IFirestone\Ordinance\Petty Dense Designations.doc 0 ORDINANCE NO.650 SERIES 2007 AN ORDINANCE AMENDING SECTIONS 1.16,010, 2.44.060, CHAPTERS 6.04 AND 6.12, SECTIONS 9.04.040 AND 10.04.200.E OF THE FIRESTONE MUNICIPAL CODE PERTAINING TO FINES AND PENALTIES, AND MISDEMEANOR AND PETTY OFFENSES - PENALTIES. WHEREAS, Section 1.16.010 of the Firestone Municipal Code sets forth that except in cases where a different punishment is prescribed by any ordinance of the town, any person who violates any provisions of the ordinances of the Town shall be punished by a fine of not more than nine hundred ninety -rune dollars, or by imprisonment not to exceed one year, or both such fine and imprisonment; and WHEREAS, Section 9.04.040 of the Firestone Municipal Code sets forth that misdemeanors in Title 9 are punishable by a fine not to exceed three hundred dollars or by imprisonment not to exceed ninety days in jail or by both such fine and imprisonment; and WHEREAS, Section 9.04.040 of the Firestone Municipal Code also sets forth that petty offenses in Title 9 are punishable by a fine not to exceed three hundred dollars; and WHEREAS, C.R.S. Section -13-10-113(1) sets forth that any person convicted of violating a municipal ordinance in a municipal court of record may be incarcerated for a period not to exceed one year or fined an amount not to exceed one thousand dollars, or both; and WHEREAS, the Board of Trustees desires to amend Sections 1.16.010 and 9.04.040 of the Firestone Municipal Code to be consistent with each other and with the limits set forth in C.R.S. Section 13-10-113(1), as well as clarify designations for various offenses and include penalty provisions far juveniles; and WHEREAS, the Board of Trustees desires to amend section 2.44.060 pertaining to sentences for various municipal code violations; and WHEREAS, the Board of Trustees desires to establish penalties for violations of Chapters 6.04 and 6.12 of the Firestone Municipal Code pertaining to certain animal code violations; and WHEREAS, the Board of Trustees further desires to amend section 10.04.200.E to clarify that certain traffic matters are criminal traffic offenses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 Section 1. Section 1.16.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 1.16.010 General penalty. A. No person shall violate any of the provisions of the ordinances of the town Except in cases where a different punishment is prescribed by any ordinance of the town, any person, who at the time of commission of the offense was at least ten years of age, but not yet 18 years of age, who shall violate any of the provisions of the ordinances of the town shall be punished by a fine of not more than nine hundred ninety-nine dollars, or by went detention not. to exceed ten days one or both such fine and iserext: detention. B. No person shall violate an, of f the pr_ovisions_of the ordinances of the town. Except in cases where a different punishment is prescribed by any ordinance of the town, any person 18 years of age or older at the time of the violation, who shall violate any of the provisions of the ordinances of the town shall -be punished by a fine of not more than nine hundred nine -nine dollars or by im risonment not to exceed one year, or both such fine and 00somnent. RC. Any person who is alleged to have violated any provision of the ordinances of the town shall be issued a summons and complaint charging the nature of the violation and shall be ordered to appear before the municipal judge of .the town. GD. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Firestone, Colorado, is committed, continued or permitted by any such person, and he shall be punished accordingly. Section 2. Section 2.44.060.A of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stFikeerrt; words to be added underlined 2.44.060 Fines and penalties. A. The municipal judge may suspend a sentence or fine and place the violator on probation for a period not exceeding one year. The municipal judge also May sentence violators to a sentence of work release, in -home de__tention, or a maximum of 500 hours of community service. Costs, including the costs for work release in -home detmtWo-m and costs associated with c9mmum h service may be assessed against a defendant found guilty as provided by law. In addition, the municipL4 judge may order violators to pgy restitution. Section 3. Chapter 6.04 of the Firestone Municipal Code is hereby amended by adding a new subsection 6.04.060, Violations, to read as follows: 6.04.060 Violations Any person who violates any provision of this Chapter, upon conviction thereof, shall be punished by a fine of not more than $999 for each separate violation. Section 4. Chapter 6.12 of the Firestone Municipal Code is hereby amended by adding a new subsection 6.12.090, Violations, to read as follows: 6.12.090 Violations Any person who violates any provision of this Chapter, upon conviction thereof, shall be punished by a fine of not more than $999 for each separate violation. Section 5. Section 9.04.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 9.04.040 Misdemeanor and petty offenses — Penalties. The violation of any provision of this title shall be an offense, o4hff a misdemeanor, unless expressly specified to be a ei petty offenseas,—s d, and upon conviction shall be punishable as follows: A. Misdemeanor: by a fine not to exceed wee nine hundred nine - nine dollars, or by imprisonment not to exceed f9aety days injail one year, or by both such fine and imprisonment; B. Petty offense: by fine only. Unless specifically indicated otherwise in this code, such fine shall not exceed dwee five hundred dollars. Section 6. Section 10.04.200.E of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in seem; words to be added underlined): E. It is unlawful for any person to violate any of the following provisions of this chapter, which violations are hereby deemed criminal traffic offenses. Every person convicted of a violation of the following provisions of this chapter shall be subject to the penalties set forth in Section 1.16.010 of this code: 1. Section 1101 of the Model Traffic Code, where the speed as driven is twenty-four miles per hour or more over the lawful speed. 2. Section 1105 of the Model Traffic Code, speed contest. 3 3. Section 1401 of the Model Traffic Code, reckless driving. 4. Section 1402 of the Model Traffic Code, careless driving. 5. Section 1413 of the Model Traffic Code, eluding or attempting to elude a police officer. 6. Section 1409 of the Model Traffic Code, compulsory insurance. 7. - Section 1903 of the Model Traffic Code, stopping for school buses. Section 77. 1f any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 8. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 9. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 2P day of August, 2007. TOWN -OF FIRESTONE, COLORADO : 7�� Michael P. Simone Mayor 4 Attest: A - /- dy He M Town Cler 8/27/2007 8:51 AM[drd]S:1Fireswne\Ordinance\Penalties,doe �aesrq%j ee�oeesae°°e rouvry °eo SEAL ►.A ORDINANCE NO.651 SERIES 2007 AN ORDINANCE AMENDING TITLE 9 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE JURISDICTIONAL AMOUNT FOR CERTAIN OFFENSES RELATING TO PROPERTY AND ADDING OFFENSES RELATING TO THE SALE TO AND PURCHASE OF TOBACCO BY MINORS, PUBLIC INDECENCY AND INDECENT EXPOSURE WHEREAS, the Board of Trustees has previously adopted provisions for the protection of the public peace, welfare and morals of the Town and such provisions are as codified as Title 9 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to amend Title 9 of the code regarding the jurisdictional amount of certain offenses and to identify and prohibit additional offenses related to minors and against public peace, order and decency. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9.08.050 of the Firestone Municipal Code is hereby amended to read as follows {words to be deleted shown in seetA; words to be added underlined 9.08.050 Criminal mischief. A. No person shall knowingly damage, destroy, injure or deface the real or personal property of another. B. This section does not apply where the damage in the course of a single criminal episode is three htn-ed one thousand dollars or more, is effected by means of fire or explosives, or is otherwise feloniously caused. C. A violation of this subsection shall be a misdemeanor. Section 2. Section 9.08.060 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in see ; words to be added underlined): 9.08.060 Damaging public property. A. No person shall damage, move, remove, destroy or injure in any manner whatsoever or cause to be damaged, moved, removed, destroyed or injured any grass, tree, shrub, plant, flower, railing, bridge, culvert, signs, building, or any other property whatsoever belonging to the town or under the possession and control of the town, unless done pursuant to a written permit or contract from the town. B. This section does not applygpply wheredam a in the course of a single criminal episode is one thousand dollars or more is effected by means of fire or ex losives or is otherwise feloniously caused. C. A violation of this subsection shall be a misdemeanor. Section 3. Section 9.08.120 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 9.08.120 'Theft under three wed one thousand dollars. A. No person shall knowingly obtain or exercise control over anything of value of wed less than one thousand dollars of less of another without authorization or by threat or deception, and: 1. Intend to deprive the other person permanently of the use or benefit of the thing of value; or 2. Knowingly use, conceal or abandon the thing of value in such manner as to deprive the other person permanently of its use or benefit; or 3. Use, conceal or abandon the thing of value intending that such use, concealment or abandonment will deprive the other person permanently of its use and benefit; or 4. Demand any consideration to which he is not legally entitled as a condition of restoring the thing of value to the other person. B. A violation of this subsection shall be a misdemeanor. Section 4. Subsection B. of Section 9.08.130, of the. Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stFikeaut; words to be added underlined): 9.08.130 Fraud by check. B. It shall be unlawful to commit fraud by check. Any person, knowing he or she has insufficient funds with the drawee, who, with intent to defraud, issues a check for the payment of services, wages, salary, commissions, labor, rent, money, property or other things of value commits fraud by check. This section shall only apply where the fraudulent check was for the sum of less than #hreehuWmd one thousand dollars, and where the offender has not been twice previously convicted under Section 18-5-205, C.R.S., as amended, or a former statute of the State of Colorado of similar content and purport. Section 5. Chapter 9.16 of the Firestone Municipal Code is hereby amended by the addition of a new Section 916.170 to read as follows: 9.16.170 Public indecency. 2 A. It shall be unlawful for any person to commit public indecency, A person commits public indecency if that person performs or engages any of the following in a public place, or where the conduct may reasonably be expected to be viewed by members of the public: 1. . An act of sexual intercourse; or 2. An act of deviate sexual intercourse; or 3. A lewd exposure of the body done with intent to amuse or to satisfy the sexual desire of any person; or 4. A lewd fondling or caress of the body of another person; or S. An act of masturbation; or 6. An excretory function, including urination, defecation, or expectoration. B. A violation of this section shall be a misdemeanor. Section 6. Chapter 9.16 of the Firestone Municipal Code is hereby amended by the addition of a new Section 9.16.180 to read as follows: 9.16.180 Indecent exposure. A person commits indecent exposure if that person knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person. A violation of this section shall be a misdemeanor. Section 7. Chapter 9.28 of the Firestone Municipal Code is hereby amended by the addition of a new Section 9,28,040 to read as follows: 9.28.040 Illegal possession or consumption of tobacco products. A. As used in the section, tobacco products means, cigarettes, cigars, cheroots, stogies, parquets, granulated, plug -cut, crimp -cut, ready -rubbed and other smoking tobacco, snuff, snuff flour, Cavendish, plug -and -twist tobacco, fine-cut and other chewing tobaccos, shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco, and other kinds of forms of tobacco. Possession of tobacco products means that a person has or holds any amount of tobacco products anywhere on his person, or that a person owns or has control of tobacco products, or has tobacco products within his immediate presence and control and such products are not simultaneously within the immediate presence and control of a person that may by law have possession of the tobacco products. B. Any person under eighteen years of age who possesses or consumes cigarettes or tobacco products commits illegal possession or consumption of tobacco by an underage person. Illegal possession or consumption of tobacco by an underage person is a strict liability offense and shall be punished by a fine of one hundred, dollars except that the court may sentence a person convicted under this subsection to 3 participate in a tobacco education program or to perform community service and be granted credit for same against the fine. C. It is unlawful for any person who is under the age of eighteen (18) to purchase or attempt to purchase any cigarettes or tobacco products. Violation of this subsection shall be a petty offense and shall be punished by a fine of one hundred dollars except that the court may sentence a person convicted under this subsection to participate in a tobacco education program or to perform community service and be granted credit for same against the fine. D. It is unlawful for any person to knowingly furnish to any person who is under the age of eighteen (18) years of age, by gift, sale or any other means, cigarettes or tobacco products. Violation of this section shall be a petty offense and shall be punished by a fine of two hundred dollars. It shall be an affirmative defense to a prosecution under this subsection that the person furnishing the cigarettes or tobacco product was presented with and reasonably relied upon a document which identified the person receiving the cigarettes and/or tobacco product as being eighteen (18) years of age or older. Section 8. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 9. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 10. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 23rd day of August, 2007. TOWN OFF S ONE, COLORADO Michael"Y� P. Simone Mayor 4 Attest: iy �e d Cle W7M07 8:49 AM[edl] S:1Firestonelordimnce\Revised0frmses.ord.doe ORDINANCE NO.652 AN ORDINANCE AMENDING CHAPTER 5.08 OF THE FIRESTONE MUNICIPAL CODE TO CREATE A LOCAL LICENSING AUTHORITY FOR THE TOWN OF FIRESTONE AND TO AMEND RELATED LIQUOR ORDINANCES IN CONNECTION THEREWITH. WHEREAS, Colorado Revised Statutes, Section 12-46-101 et sec . and Section 12-47-101 et seg , as from time to time amended and known as the Colorado Beer Code and Colorado Liquor Code, provide that a local licensing authority means the governing body of a municipality or any authority designated by municipal charter or ordinance; and WHEREAS, the Board of Trustees of the Town of Firestone finds it is in the best interest of the Town and its residents to create a local licensing authority for the Town to perform the functions required of such an authority under the Colorado Beer and Liquor Codes, and to amend certain provisions of the Firestone Municipal Code in connection with the creation of such authority. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section 1. Section 5.08.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in seeut; words to be added underlined): 5.08.010 Purpose and applicability. The purpose of the rules of procedure contained in this chapter is to provide a uniform, consistent and expeditious method of procedure for the conduct of all liquor -related hearings to be held before the board of tmAee local licensin ag uthority of the town. The provisions of this procedure shall be applied uniformly in all such hearings; provided, however, that the bee&d ef#uswes local licensing authority of the town may supplement the provisions of this chapter by the adoption of further rules of procedure not inconsistent herewith. All rules adopted to supplement the provisions of this chapter by the board of #ustees of the tevm AW! be by resolutie and eepies tlwmo shall be made available to the public. Section 2. Section 5.08.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stfikeout; words to be added underlined : 5.08.020 Hearings. The provisions of this chapter shall be applicable to hearings before the local licensing authority on applications for the issuance of a liquor license or a fermented malt beverage license, or for the renewal or transfer of ownership of an existing license, and a hearing shall be held on each such application. The provisions of this chapter shall also apply to hearings before the local licensiug_authoriV for the suspension or revocation of a license. {Note: this version is the one recently adopted to require hearings for renewals and transfers) Section 3. Subsection D of Section 5.08.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s#ikeeat; words to be added underlined): 5.08.030 Rights of Participants. All liquor hearings shall be conducted under procedures designed to insure all interested parties due. process of law and shall, in all case, provide for the following: D. A final decision by the local licensing authority on the matter under consideration which decision shall be' entered on the record of the authority' proceedin Section 4.' Section 5.08.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in 94ikeeut; words to be added underlined . 5.08.050 Rules of Evidence. The local licensing authorityheaiag-b� shall not be required to observe formal rules of evidence, but may consider any evidencema#ff which afflajeity theFee eoneludes is reasonably reliable and calculated to aid the local licensing authori heafin#4edy in reaching an accurate determination of the issues involved. eetion 5. Chapter 5.08. of the Firestone Municipal Code is hereby amended by the adoption of a new Sections 5.08.130 though 5.08.180 to read as follows: 5.08.130 Creation of local licensing authority; membership; term. . A. There is created a local licensing authority, sometimes referred to as the "licensing authority" or the "authority." B. The authority shall consist of five members appointed by the board of trustees. Members shall be, at the time of their appointment and throughout- their respective terms of office, residents of the town. No person shall serve on the authority who holds a license for the sale of alcoholic beverages or fermented malt beverages, or who has a financial interest in any such license, or who has a financial interest in the business of any person who has such a license, or who is employed in a business licensed to sell alcoholic beverages or fermented malt beverages, or who has been convicted of or received a suspended sentence, deferred sentence, or forfeited bail for any felony offense or offense involving moral turpitude, which offense 2 concerned or involved alcohol beverages, or who has been determined by civil administrative proceedings to have violated any alcohol beverage law. C. Appointments shall be for four-year terms except that, of the persons first appointed to the authority, three shall be appointed for four-year terms and two shall be appointed for two-year terms. D. The board of trustees may fill any vacancy on the authority for the unexpired term of office, and may remove any member of the authority, with specified reasons given for such removal. Sec. 5.08.140 Officers; bylaws. A. The authority shall elect annually from its membership a chairperson and such other officers as may be required. B. Bylaws and rules of procedure shall be adopted by the authority which shall be consistent with this code and applicable state law. A copy of the bylaws and the rules of procedure shall be filed with the board of trustees immediately after adoption by the authority, and shall be subject to the approval of the board of trustees. Sec. 5.08.150 Meetings; minutes; annual report. A. The authority shall establish a regular meeting schedule which shall include at least one regular meeting per month, unless cancelled for lack of need. B. Three members of the authority shall constitute a quorum, and a decision of the majority of those present shall control, provided a quorum exists, C. Minutes shall be kept for each authority meeting and shall be kept on file with the town clerk. D. On or before January 31 of each year, the authority shall file a report with the board of trustees setting forth the number of applications for licenses acted upon, the number of licenses granted and the number denied, and any other actions taken by the authority during the past year. Sec. 5.08.160 Legal advisor; appeals. The town attorney shall be the legal advisor to the authority and shall represent the authority in all proceedings before the authority. All appeals from the local licensing authority shall be directly to the district court. In addition, the authority or board of trustees may appoint special counsel as necessary for the prosecution of matters before the authority. U Sec. 5.08.170 Secretary to the authority. The town clerk shall serve as secretary to the authority and shall receive all applications for licenses and shall issue all licenses granted by the authority. The town clerk shall provide or cause to be provided necessary secretarial and reporting services for the authority and shall provide such notices as may be required of the town by state liquor and beer taws and this code. Sec. 5.08.180 Powers of the authority. A. The authority shall have all the powers possible of a local licensing authority as set forth in C.R.S. §§ 12-46-101 et seq., 12-47-101 et se ., and 12-48-101 et s as from time to time amended, and in this code. B. The authority may promulgate bylaws and rules and regulations concerning the procedures for hearings and the presentation of evidence at hearings. C. The authority may, consistent with state law and this code, grant, approve, renew, or refuse licenses for the sale at retail of malt, vinous, and spirituous liquors; conduct investigations as are required by law, suspend or revoke such licenses for cause; and levy penalties, sanctions, or other conditions against licensees or managers in the manner provided by taw. In addition to any power otherwise provided by law, the authority may delegate to it secretary the power to issue temporary permits pursuant to C.R.S. § 12-47-303. D. The local licensing authority shall have the authority, through its secretary, to issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of any hearing which the local licensing authority is authorized to conduct. It is unlawful for any person to fail to comply with any subpoena issued by the secretary of the local licensing authority. Section d. This ordinance shall take effective November 15, 2007. Section 7. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective ofthe fact that any one part or parts be declared unconstitutional or invalid. Section 8. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 4 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 23rd day of August, 2007. TOWN OF F ONE, COLORADO Michael P. Si one Mayor Attest: udy ood Town Clerk +FIRES r®�e� 812&2D076:38PM[sIIS.,WirestonelOrdinenm\EstnbUsh.1.LA(FINAL) ` r909r09C4el !�^ 10 r ro�vne ORDINANCE NO.653 AN ORDINANCE REPEALING SECTION 16.04.060 OF THE FIRESTONE MUNICIPAL CODE CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES WHEREAS, the Town hasexisting provisions and requirements in place regarding the dedication of land for public school sites within the Town; and WHEREAS, the Board of Trustees desires to repeal the existing provisions regarding the dedication of land for public school sites. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORA.DO: Section 1. The Board of Trustees hereby repeals Firestone Municipal Code Section 16.04,060, titled "Fair Contribution for Public School Sites," in its entirety, including Tables H.1, H.2, H.3, HA and H.5. Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. This ordinance shall. take effect 30 days after its publication, as provided by C.R.S. 31-16-105. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 20th day of September, 2007. TOWN OF FIRESTONE, COLORADO Dennis Bertron Attest: Mayor Pro-Tem dy H ood � ��N•OrN�I IFI TOWN Town erk Published on September 25, 2007 in the Lon f p Longmont Daily Times -Call. fe7' � ORDINANCE NO. 654 AN ORDINANCE ADOPTING BY REFERENCE THE 2006 EDITIONS OF THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL EXISTING BUILDING CODE, THE INTERNATIONAL FUEL GAS CODE, AND THE INTERNATIONAL ENERGY CONSERVATION CODE, PROMULGATED BY THE INTERNATIONAL CODE COUNCIL; ADOPTING AMENDMENTS TO SUCH CODES ADOPTED BY REFERENCE; AMENDING CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL CODE IN CONNECTION WITH THE ADOPTION OF SUCH CODES AND ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODES; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, international building, housing, and safety standards have been developed and from time to time updated, as set forth in various codes, and it is deemed in the best interest of the citizens of Firestone, and in the interest of the public health, safety, and general welfare, to amend the current building, plumbing and mechanical codes of the Town, and to adopt by reference thereto certain public safety codes and amendments thereto tailored to accommodate particular circumstances and requirements of the Town; and WHEREAS, the Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the amendment and adoption of said codes; and WHEREAS, the proposed public safety codes and amendments thereof have been submitted to the Board of Trustees in writing and the Board of Trustees has determined that the codes and amendments thereof should be adopted as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.04.020 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.020 International Building Code adopted. The International Building Code, 2006 Edition as published by the International Code Council, 500 New Jersey Avenue, NW, 6t' Floor, Washington, DC 20001, Chapters 1 through 35 inclusive, Appendix I and Appendix J, are hereby adopted by reference thereto and incorporated into and made part of the Firestone Municipal Code. The purpose and subject matter of the International Building Code include comprehensive provisions regulating construction aspects of building and providing uniform building standards for the purpose of protecting the public health, safety and general welfare. In all sections of this code where a reference is made to the International Building Code, said reference shall be to the 2006 Edition of said Code. The town clerk shall maintain sufficient copies of the International Building Code as required by law in the Town Hall Section 2. Section 15.04.030 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.030 International Building Code ---Amendments. The International Building Code as adopted by the town is hereby amended as follows: A. Section 101.1(Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section 101.4.1 (Electrical) is amended by replacing "ICC Electrical Code" with "National Electrical Code as adopted by the State of Colorado'. C. Section 101.4.4 (Plumbing) is amended by deletion of the last sentence. D. Section 101.4.6 (Fire prevention) is amended by renumbering the section as 101.4.5 and replacing "International Fire Code" with "adopted fire code". E. Section 105.1(Required) is amended by replacing the words "building official" with "town". F. Section 108.4 (Work commencing before permit issuance) is amended by replacing the words "building official" with "town" and adding the words "the fee shall be equal to 100% of the original building fee in addition to the required permit fees." G. Section 108.6 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. H. Section 109.3.5 (Lath and gypsum board inspection) is amended by 2 deleting the exception in its entirety. I. Section 110.3 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentence and replacing it with "town". J. Section 112.1 (General) is amended by deleting the last two sentences and inserting the following: The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees. K. Section 112.3 (Qualifications) is amended by deleting the section in its entirety. L. Section 202 (Definitions) is amended by addition of the following: "Sleeping Room" (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IBC Section 1208 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms. M. Section 1013.1 (Where required) is amended by the addition of a second paragraph inserted before the exceptions as follows: All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches (914.4 mm) from the nearest intended walking surface and deeper than 30 inches (762 mm) below the surrounding ground level, creating an opening greater than 24 inches (610 mm) measured perpendicular from the building, shall be protected with guardrails conforming to this section around the entire opening, or be provided with an equivalent barrier. N. Section 1612.3 (Establishment of flood hazard areas) is amended by the insertion of "Town of Firestone" where indicated in [Name of Jurisdiction] and the date of the latest flood insurance study for the town, where indicated in [Date of Issuance] . O. Section 3401.3 (Compliance with other codes) is amended by deleting International Fire Code and inserting in its place "adopted fire code", deleting International Private Sewage Disposal Code, and deleting ICC Electrical Code and 3 inserting in its place "National Electrical Code as adopted by the State of Colorado'. P. Appendix J (Grading) is amended by the addition of new sections "J 112 Grading Fees" and "J 113 Performance Guarantees" which shall read as follows: Section J112 Grading Fees. J112.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in a fee schedule adopted by the Board of Trustees. J112.2 Plan review fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be as set forth in Table J112-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. J112.3 Grading permit fees. A fee for each grading permit shall be paid to the building official as set forth in Table J112-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE JI12 A GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m) or less .................. ............. .... No fee ............. .... 51 to 100 cubic yards 40 m to 76.5 m ) ......... ...$23.50 101 to 1,000 cubic yards 77.2 m to 764.6 m)..........................$37.00 1,001 to 10,000 cubic yards 765.3 m to 7645.5 m ) .................$49.25 10,001 to 100,000 cubic yards (7646.3 in 3to 76 455 m)-$49.25 for the first 10,000 cubic yards (7645.5 m3), plus $24.50 for each additional 10,000 yards 7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (76 456 m to 152 911 m )-$269.75 for the first 100,000 cubic yards (76 455 m3), plus $13.25 for each additional 10,000 cubic yards (7645.5 m3)or fraction thereof 200,001 cubic yards (152 912 m) or more-$402.25 for the first 200,000 cubic yards (152 911 m3), plus $7.25 for each additional 10,000 cubic ards 7645.5 m3 or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans $50.50 per hour* (minimum charge -one-half hour 12 • Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. TABLE J112-B GRADING PERMIT FEES' 50 cubic yards 38.2 in .......... ........or less $23.50 51 to 100 cubic yards 40 m to 76.5 m)............................... $ 37.00 101 to 1,000 cubic yards (77.2 m to 764.6 m)-$37.00 for the first 100 cubic yards (76.5 m3) plus $17.50 for each addition al 100 cubic yards 76.5 m3) or fraction thereof. 1,001 to 10,000 cubic yards (765.3 in to 7645.5 m)-$194.50 for the first 1,000 cubic yards (764.6 in 3), plus $14.50 for each additional 1,000 cubic yards 764.6 m3 or fraction thereof. 10,001 to 100,000 cubic yards (7646.3 m to 76 455 m)-$325.00 for the first 10,000 cubic yards (7645.5 in), plus $66.00 for each additional 10,000 cubic yards 7645.5 m3 or fraction thereof. 100,001 cubic yards (76 456 m) or more-$919.00 for the first 100,000 cubic yards (76 455 m), plus $36.50 for each additional 10,000 cubic yards 7645.5 m3 or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours....................$50.50 per hour 2 (minimum charge -two hours) 2. Reinspection fees assessed under Section 108.8................ $50.50 per hour 2 3. Inspections for which no fee is specifically indicated..............$50.50 per hour 2 minimum charge -one-half hour 'The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Section J113 Performance Guarantees. The building official may require a performance guarantee in the form of a bond, letter of credit or cash escrow in such form and amounts as maybe deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. Q. Section 3410.2 (Applicability) is amended by the insertion of, the effective date of building codes for the town where indicated in [DATE]. Section 3. Section 15.04.040 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: �1 15.04.040 International Mechanical Code adopted. The International Mechanical Code, 2006 Edition as published by the International Code Council, 500 New Jersey Avenue, NW, 6t' Floor, Washington, DC, 20001, Chapters 1 through 15 inclusive, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Mechanical Code include minimum standards relating to the mechanical installations in or in connection with the construction, alteration and repair of new and existing structures including design, construction, installation, quality of materials, locations, operation and maintenance or use of heating, ventilation, cooling refrigeration systems, incinerators and other miscellaneous heat -producing appliances. In all sections of this code where a reference is made to the International Mechanical Code, said reference shall be to the 2006 Edition of said Code. The town clerk shall maintain sufficient copies of the International Mechanical Code as required by law in the Town Hall. Section 4. Section 15.04.050 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.050 International Mechanical Code --Amendments. The International Mechanical Code as adopted by the town is hereby amended as follows: A. Section 10 1. 1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. B.. Section 504.6.1 (Maximum length) is amended by deleting the exception in its entirety. Section 5. Section 15.04.060 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.060. International Plumbing Code adopted. The International Plumbing Code, 2006 Edition as published by the International Code Council, 500 New Jersey Avenue, NW, 6t' Floor, Washington, DC, 20001, Chapters 1 through 13 inclusive, is hereby adopted by reference thereto and incorporated into and made part of the Firestone Municipal Code. The purpose and subject matter of the International Plumbing Code include comprehensive provisions regulating plumbing installations in or in connection with new and existing structures and providing uniform plumbing standards for the purpose of protecting the public health, safety and general welfare. In all sections of this code where a reference is made to the International Plumbing Code, said reference shall be to the 2006 Edition of said Code. The town clerk shall maintain sufficient copies of the International 0 Plumbing Code as required by law in the Town Hall. Section 6. Section 15.04.070-of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.070 International Plumbing Code --Amendments. The International Plumbing Code as adopted by the town is hereby amended as follows: A. Section 101.1 (Title) is amended by the addition of the term "Town of . Firestone" where indicated. B. Section 305.6.1 (Sewer depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)". C. Section 904.1 (Roof extension) is amended by inserting the number "6" (152.4 mm) where indicated in the second sentence. Section 7. Section 15.04.080 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.04.080 Penalty for Violation. A. It shall be unlawful for any person to do any act which is forbidden or declared to be unlawful or declared to be a nuisance or to fail to do or perform any act required in the Building Code, or for any person to erect, construct, reconstruct, alter, remodel, use or maintain any building, structure or equipment in the Town of Firestone, or cause to permit the same to be done, contrary to or in violation of any of the provisions of the Building Code. Maintenance of any condition which was unlawful at the time it was initiated and which would be unlawful at the time it was installed after the effective date hereof shall constitute a continuing violation. Any person violating any of the provisions of the Building Code shall be deemed guilty of a misdemeanor, shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted, and upon conviction of any such violation shall be punishable by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. B. In addition to any and all other remedies provided by law, the town may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove any unlawful act, erection, construction, reconstruction, alteration, remodeling or use. 7 C. It shall be unlawful for any person to erect, construct, reconstruct, alter, remove or change the use of any building or other structure within the town without first obtaining all permits required by the Building Code. No such permit shall be issued unless the plans for the proposed erection, construction, reconstruction, alteration, removal or use fully conform to the ordinances codified in this title and in titles 16 and 17 of this code; to the final subdivision plat and final development plan governing the property for which the permit is requested, and to other applicable regulations of the town. Section 8. Section 15.04.160 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.160 International Property Maintenance Code. The International Property Maintenance Code, 2006 Edition as published by the International Code Council, 500 New Jersey Avenue, NW, 6,11 Floor, Washington, DC 20001, Chapters 1 through 8 inclusive, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Property Maintenance Code include the provision of just, equitable and practical procedures for the continued maintenance of property. In all sections of this code where a reference is made to the International Property Maintenance Code, said reference shall be to the 2006 Edition of said Code. The town clerk shall maintain sufficient copies of the International Property Maintenance Code as required by law in the Town Hall. Section 9. Section 15.04.170 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.170 International Property Maintenance. Code --Amendments. The International Property Maintenance Code as adopted by the town is hereby amended as follows: A. Section 10 1. 1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section 103.5 (Fees) is amended by deleting the section in its entirety. C. Section 111.2 (Membership of board) is amended by deleting the section in its entirety and inserting the following: The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees. D. Section 111.2.1 (Alternate members) is amended by deleting the section in its entirety. E. Section 111.2.2 (Chairman) is amended by deleting the section in its entirety. F. Section 111.2.3 (Disqualification of member) is amended by deleting the section in its entirety. G. Section 111.2.4 (Secretary) is amended by deleting the section in its entirety. H. Section 111.2.5 (Compensation of members) is amended by deleting the section in its entirety. Section 10. Chapter 15.06 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 15.06 INTERNATIONAL RESIDENTIAL CODE Sections: 15.06.010 International Residential Code adopted. 15.06.020 International Residential Code --Amendments. 15.06.030 Violation and penalties. 15.06.010 International Residential Code adopted. The International Residential Code, 2006 Edition as published by the International Code Council, 500 New Jersey Avenue, NW, 61' Floor, Washington DC 20001, Chapters 1 through 43 inclusive and Appendix Chapters G and H, are hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Residential Code include comprehensive provisions regulating construction of residential areas and providing uniform standards for the purpose of protecting the public health, safety and general welfare. In all sections of this code where a reference is made to the International Residential Code, said reference shall be to the 2006 Edition of said Code. The town clerk shall maintain sufficient copies of the International Residential Code as required by law in the Town Hall. 15.06.020 International Residential Code amendments. The International Residential Code as adopted by the town is hereby amended 9 to read as follows: A. Section R101.1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section R105.1 (Required) is amended by replacing the words "building official" with "town". C. Section 108.4.1 is added (Work commencing before permit issuance.) Any person who commences any work on a building, structure, _electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee established by the Town. The fee shall be equal to 100% of the original building fee in addition to the required permit fees. D. Section R108.5 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. E. Section R109.1.5 (Other inspections) is amended by the addition of new subsections to read as follows: R109.1.5.3 Insulation inspection. Inspection of the structure shall be made following installation of the wall, ceiling and floor insulation and exterior windows and before wall coverings are installed. R109.1.5.4 Lath and gypsum inspection. Inspection of all interior or exterior lathing and gypsum board shall be made after installation but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. F. Section R110.4 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentence and replacing it with "town". G. Section R112.1 (General) is amended by deleting the last three sentences and inserting the following: 10 The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees. H. Section R202 (Definitions) is amended by addition of the following: "Sleeping Room" (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IRC Sections R304 and R305 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms. I. IRC Table R301.2 (1) is filled in to provide the following: Table R301.2 (1) Climatic and Geographic Design Criteria Ground Snow Wind Speed Seismic Design Subject to Damage From Winter Design Ice Shield Underlayment Flood Hazard Air Freezing Mean Annual Weathering Frost Termite Load (mph) Category Line Temp Required Index Temp Depth 20 psf 90 B Severe 30 in. Slight to 1 NO Per Town 1000 450F Moderate Ordinance J. Section R310.2.1(Ladder and steps) is amended by the addition of the following exception to read as follows: Exception: Only one window well egress ladder shall be required in an unfinished basement. K. Section R312.1 (Guards required) is amended by the addition of a third paragraph as follows: All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches (914 mm) from the nearest intended walking surface and deeper than 30 inches .(762 mm) below the surrounding ground level, creating an opening greater than 24 inches (610 mm) measured perpendicular from the building, shall be protected with guardrails conforming to this section around the entire opening, or be provided with an equivalent barrier. Exceptions: 1. The access side of stairways need not be protected. 11 2. Area and window wells provided for emergency escape and rescue windows may be protected with approved grates or covers that comply with Section R310 of this code. 3. Covers and grates may be used over stairways and other openings used exclusively for the service access or for admitting light or ventilation. L. Section R401.2 (Requirements) is amended by the addition of the following: Foundations shall be designed and the construction drawings stamped by a Colorado registered design professional. The foundation design must be based on an engineer's soils report. The drawings must be noted with the engineering firm name, specific location for design and soils report number. A site certification prepared by State of Colorado registered design professional is required for setback verification on all new Group R Division 3 occupancies. M. Section R405.1 (Concrete and masonry foundations) is amended with the addition of the following after the first sentence: All foundation drains shall be designed and inspected by a State of Colorado registered design professional. N. Section M1502.6 (Duct length) is amended by deleting exceptions 1 in its entirety, 0. Section G2415.9 (Minimum burial depth) is amended by the addition of the following: All plastic fuel gas piping shall be installed a minimum of 1$ inches (457 mm) below grade. P. Section G2415.9.1 (Individual outside appliances) is deleted in its entirety. Q. Section G2417.4.1 (Test pressure) is amended by changing 3 psig to 10 psig. R. Section P2603.6.1 (Sewer depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)", S. Section P3103.1 (Roof extension) is amended by filling in both areas where indicated to read "6 inches 052.4 mm)" 15.06.030 Violation and penalties. 12 It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.28.010. Section 11. Chapter 15.10 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 15.10 INTERNATIONAL EXISTING BUILDING CODE Sections: 15.10.010 International Existing Building Code adopted. 15.10.020 International Existing Building Code —Amendments. 15.10.030 Violation and penalties. 15.10.010 International Existing Building Code adopted. The International Existing Building Code, 2006 Edition as published by the International Code Council, 500 New Jersey Avenue, NW, 6t' Floor, Washington DC 20001, Falls Church, Virginia, 22041, Chapters 1 through 15 inclusive is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and. subject matter of the International Existing Building Code include the provision of standards for changes of occupancy and alterations or repairs of existing buildings and structures which encourage the continued use or reuse of legally existing buildings and structures. Any reference to the International Existing Building Code within this title shall be to the 2006 Edition of said code. The town clerk shall maintain sufficient copies of the International Existing Building Code as required by law in the town hall. 15.10.020 International Existing Building Code --Amendments. The International Existing Building Code as adopted by the town is hereby amended as follows: A. The International Existing Building Code is amended by replacing all references to "International Fire Code" with "adopted fire code". B. The International Existing Building Code is amended by replacing all references to "ICC Electrical Code" with "National Electrical Code as adopted by the State of Colorado' 13 C. Section 101.1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. D. Section 1201.1 (Conformance) is amended by deleting the section in its entirety and replacing it with the following: "Structures moved into or within the jurisdiction shall comply with the provision of this code for new structures." 15.10.030 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.28.010. Section 12. Chapter 15.12 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 15.12 INTERNATIONAL FUEL GAS CODE Sections: 15.12.010 International Fuel Gas Code adopted. 15.12.020 International Fuel Gas Code --Amendments. 15.12.030 Violation and penalties. 15.12.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2006 Edition as published by the International Code Council, 500 New Jersey Avenue, NW, 60' Floor, Washington DC 20001, Falls Church, Virginia, 22041, Chapters 1 through 8 inclusive is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Fuel Gas Code include the provision of standards for the design and installation of fuel gas systems and gas fired appliances. Any reference to the International Fuel Gas Code within this title shall be to the 2006 Edition of said code. The town clerk shall maintain sufficient copies of the International Fuel Gas Code as required by law in the town hall. 15.12.020 International Fuel Gas Code --Amendments. 14 The International Fuel Gas Code as adopted by the town is hereby amended as follows: A. Section 10 1. 1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section 404.9 (Minimum burial depth) is amended by the addition of the following: All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade. C. Section 404.9.1 (Individual outside appliances) is deleted in its entirety. D. Section 406.4.1 (Test pressure) is amended by changing 3 psig to 10 psig. E. Section 409.5 (Equipment shutoff valve) is amended by deleting the exception. F. Section 614.6.1 (Maximum length) is amended by deleting the exception in its entirety. 15.12.030 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.28.010. Section 13. Chapter 15.36 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 15.36 INTERNATIONAL ENERGY CONSERVATION CODE Sections: 15.36.010 International Energy Conservation Code adopted. 15-36.020 International Energy Conservation Cade —Amendments. 15.36.030 Violation and penalties. 15 15.36.010 International Energy Conservation Code adopted. The International Energy Conservation Code, 2006 Edition as published by the International Code Council, 500 New Jersey Avenue, NW, 6t' Floor, Washington DC 20001, Falls Church, Virginia, 22041, Chapters 1 through 6 inclusive is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Energy Conservation Code include provisions that encourage energy conservation through efficiency in envelope design, mechanical systems, lighting systems and the use of new materials and techniques. Any reference to the International Energy Conservation Code within this title shall be to the 2006 Edition of said code. The town clerk shall maintain sufficient copies of the International Energy Conservation Code as required by law in the town hall. 15.36.020 International Energy Conservation Code —Amendments. The International Energy Conservation Code as adopted by the town is hereby amended as follows: A. The International Energy Conservation Code is amended by replacing all references to "International Fire Code" with "adopted fire code". B. The International Energy Conservation Code is amended by replacing all references to "ICC Electrical Code" with "National Electric Code as adopted by the State of Colorado'. C. Section 101.1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. 15.36.030 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated .herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.28.010. Section 14. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 16 ?u b l i5h r2 -o7 Section 15. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 16. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 8th day of November, 2007. TOWN OF FIREST , COLORADO Esr ®� Michael P. Simone it Mayor Y 0• y • ATTEST: ¢! C?°°•••.....••'�®,;,� a � / 1119/2007 9:36 AM[sjlj 5:TirestonelOrdinance120056uildingCode,Adopt.Amend (with revisions) 17 111111111111111111111111,111111111111111111111111111 IN 3535646 02/15/2008 02:04P Weld County, CO 1 of 2 R 11.00 O 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. � S� AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MCHALE RANCH ANNEXATION NO. ONE TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the McHale Ranch Annexation No. One, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on October 11, 2007 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 4, 11, 18 and 25, 2007 in the Longmont Daily Times -Call and September 5, 12, 19 and 26, 2007 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the McHale Ranch Annexation No. One, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions. provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this I day of_() C�6 Lt y- , 2007. TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor 10/512007 4.27 PM (edl] S:TirestonelAnnexation\MCHaleRanch Lord.doc 7A Illllli�illllllllllblllllil�lllllllilllllllli�lllllllll 3535646 02/15/2008 02:04P Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder 10.1401I.311II.] LEGAL DESCRIPTION - MCHALE RANCH ANNEXATION NO. ONE A parcel of land located in the East One -Half Northeast One -Quarter (E'/z NE `/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West and the East One -Half Southeast One -Quarter (E 1/2 SE 1/4) of Section Thirty -Two (32), Township Three (3) North, Range Sixty - Seven (67) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the north line of the East One -Half Northeast One -Quarter (E 1/z NE 1/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado to bear South 89°19'43" East between monuments as shown, and all bearings contained herein relative thereto: Beginning at the Northwest (NW) Corner of the Homestead At Firestone Annexation No. Five whence the Southeast (SE) Corner of said Section Thirty -Two (32) bears South 44°2703" East, 42.52 feet; thence along the west line of the Homestead At Firestone Annexation No. Five, South 00°25'38" West, 60.00 feet to a point on the southerly rights -of -way line of County Road 26; thence leaving the southerly rights -of -way line of County Road 26, North 77°48'08" West, 150.12 feet; thence, North 79°07'21" East, 149.87 feet to the Point of Beginning. The above -described parcel contains 0.101 acres, more or less, and is subject to rights -of -way and/or easements reserved for Weld County Road 26 and is subject to rights -of -way and/or easements of record or as may -now exist. Have caused the above -described parcel of land to be annexed under the name of MCHALE RANCH ANNEXATION NO. ONE. 0 Please Retum To. Town of Firestone P.O. Pox 100 Firestone, 00 80520 � Al t IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �t - 3535647 02/15/2008 02:04P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder 647 f ORDINANCE NO. S AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MCHALE RANCH ANNEXATION NO. TWO TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS; a petition for annexation of certain unincorporated property, to be known as the McHale Ranch Annexation No. Two, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on October 11, 2007 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 4, 11, 18 and 25, 2007 in the Longmont Daily Times -Call and September 5, 12, 19 and 26, 2007 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not requited, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the McHale Ranch Annexation No. Two, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this � day of nC NaCC , 2007. TOWN OF FIRESTONE, COLORADO ichael P. Simone, Mayor: 1015f 0D7 4J4 PM [edit S,1Flrestone\AnnexationWcHaleRanch 2.ord.doc II�IIII IIIIIIIIIII lilll� IIIlIII Illil�ll 3535647 02/15/2008 02:04P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION - MCHALE RANCH ANNEXATION NO. TWO A parcel of land located in the East One -Half Northeast One -Quarter (E `/2 NE '/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West and the East One -Half Southeast One -Quarter (E 1/2 SE'/4) of Section Thirty -Two (32), Township Three (3) North, Range Sixty - Seven (67) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the north line of the East One -Half Northeast One -Quarter (E'/2 NE `/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado to bear South 89'19'43" East between monuments as shown, and all bearings contained herein relative thereto: Beginning at the Northwest (NW) Corner of the Homestead At Firestone Annexation No. Five whence the Southeast (SE) Corner of said Section Thirty -Two (32) bears South 44°27'03" East, 42.52 feet; thence, South 88°22'43'1 West, 749.87 feet to a point on the south line of said Section Thirty -Two (32); thence leaving the south line of said Section Thirty -Two (32), South 87'02' 11" East, 750.12 feet to a point on the southerly rights -of -way line of County Road 26; thence leaving the southerly rights -of -way line of County Road 26, North 77°48'08" West, 150.12 feet; thence, North 7900712111 East, 149.87 feet to the Point of Beginning. The above -described parcel contains 0.414 acres, more or less, and is subject to rights -of -way and/or easements reserved for Weld County Road 26 and is subject to rights -of. -way and/or easements of record or as may -now exist. Have caused the above -described parcel of land to be annexed under the name of MCHALE RANCH ANNEXATION NO. TWO. 2 Please Return TO To%rvn of Firestone P.O. Box 100 Firestone, CO 80520 64 ;�I!lIII IIIII IIIIII illlll IIIII III IIlIIII III IIIII IIII IIII 3535649 02/15/2008 02.04P Weld County, CO 1 of 2 R 11.00 Q 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. _�5 7 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MCHALE RANCH ANNEXATION NO. THREE TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the McHale Ranch Annexation No. Three, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on October 11, 2007 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 4, 11, 18 and 25, 2007 in the Longmont Daily Times -Call and September 5, 12, 19 and 26, 2007 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the McHale Ranch Annexation No. Three, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ,ADAPTED, APPROVED AND ORDERED PUBLISHED IN FULL this I- day of c4 t} ,n-t K- , 2007. 10/512007 418 PM [edit S TirestonelAnne ation\McHaleRanch 3.ard.doc TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor Iillll IIIII (IIIII IIlIII IIIII III IIIIIII III IIIII /III (III 3535649 02/15/2008 02:04P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION - MCHALE RANCH ANNEXATION NO. THREE A parcel of land located in the East One -Half Northeast One -Quarter (E 1/2 NE '/a) and the West One -Half Northeast One -Quarter (W %2 NE %4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West and the East One -Half Southeast One -Quarter (E'/2 SE'/4) and the West One -Half Southeast One -Quarter (W'/z SE'/4) of Section Thirty -Two (32), Township Three (3) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the north line of the East One -Half Northeast One -Quarter (E'/2 NE'/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado to bear South 89'19'43" East between monuments as shown, and all bearings contained herein relative thereto. Beginning at the Northwest (NW) Corner of the Homestead At Firestone Annexation No. Five whence the Southeast (SE) Corner of said Section Thirty -Two (32) bears South 4402703" East, 42.52 feet; thence along the boundary of the McHale Ranch Annexation No. Two the following two (2) courses, South 88022'43" West, 749.87 feet to a point on the south line of said Section Thirty -Two (32); thence leaving the south line of said Section Thirty -Two (32), South 87002'11" East, 750.12 feet to a point on the southerly rights -of -way line of County Road 26; thence along the southerly rights -of -way line of County Road 26, North 89019'43" West, 1285.42 feet; thence, North 89'18'15 " West, 484.13 feet to a point; thence leaving the southerly rights -of -way line of County Road 26, South 00°41'45" West, 517.10 feet; thence, South 89'18'15" East, 124.89 feet to a point on the centerline of the Lupton Meadows Ditch; thence along the centerline of the Lupton Meadows Ditch the following three (3) courses, South 37°34'58" East, 251.92 feet to a point on a curve (C5) bearing to the right which has a central angle of 14°37'42" and a radius of 304.77 feet, the chord of which bears South 30°16'08" East, 77.60 feet; thence, South 22°57'19" East, 115.92 feet-, thence leaving the centerline of the Lupton Meadows Ditch, South 89°53'30" West, 821.62 feet; thence, North 07°14'01" West, 618.08 feet; thence, North 27034'00" West, 325.79 feet to a point on the southerly rights -of -way line of County Road 26; thence along the southerly rights -of - way line of County Road 26, North 89018'15" West, 137.63 feet; thence leaving the southerly rights -of -way line of County Road 26, North 01°02'46" East, 60.00 feet to a point on the northerly rights -of -way line of County Road 26; thence along the northerly rights -of -way line of County Road 26 the following two (2) courses, South 89'18'15" East, 1315.10 feet; thence, South 89'19'43" East, 1285.12 feet to the Point of Beginning. The above -described parcel contains 16.32 acres; more or less, and is subject to rights -of -way and/or easements reserved for County Road 26 and is subject to rights -of -way and/or easements of record or as may -now exist. Have caused the above -described parcel of land to be annexed under the name of MCHALE RANCH ANNEXATION NO. THREE. 2 Please Return To Tern of Firestone P.O. Box 100 Firestone, CO 80520 '+�� �' � I Illill lllll llllll lillll lllll 111 lllllll 111 lllll 41111111 3535651 02/15/2008 02:04P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder 651 ORDINANCE NO. (Jq AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MC14ALE RANCH ANNEXATION NO. FOUR TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the McHale Ranch Annexation No. Four, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on October 11, 2007 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 4, 11, 18 and 25, 2007 in the Longmont Daily Times -Call and September 5, 12, 19 and 26, 2007 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required;' and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the McHale Ranch Annexation No. Four, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this I i ° day of ('�G- p& r , 2007. A4e�1 ; G��®Ctij �AR "r.ono""a �4 • • a�'4 e •'01 cAr1 .,M%aa�u� J dy He ood, Town er 10112/2007 4:33 PM[sjij S:TirestonelAnnesaticn\MCHaleRanch 4,ord (FINAL) TOWN OF FIRES NE, COLORADO Michael P. Simone, Mayor I IYIIII 111111111111111111111111111111111111111111111111 3535651 02/15/2008 02:04P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION - MCHALE RANCH ANNEXATION NO. FOUR A parcel of land located in the West One -Half Northeast One -Quarter (W '/z NE'/a) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the north line of the East One -Half Northeast One -Quarter (E '/2 NE 1/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado to bear South 89019'43" East between monuments as shown, and all bearings contained herein relative thereto. Commencing at a point on the west line of the West One -Half Northeast One -Quarter (W'/z NE '/4) of said Section Five (5) whence the North One -Quarter (N'/4) Corner of said Section Five (5) bears North 01°02'46" East, 1306.09 feet; thence leaving the west line of the West One -Half Northeast One -Quarter (W '/z NE '/4) of said Section Five (5) and along the south line of Lot A, AmRE-2398, North 75°59'06" East, 51.00 feet to the Point of Beginning; thence leaving the south line of Lot A, AmRE-2398, South 00°36'08" West, 841.63 feet; thence, South 89°22'08" East, 1271.32 feet to a point on the east line of the West One -Half Northeast One -Quarter (W %s NE '/4) of said Section Five (5); thence along the east line of the West One -Half Northeast One - Quarter (W '/2 NE '/4) of said Section Five (5), North 00043'47" East, 950.69 feet to a point on the centerline of the Lupton Meadows Ditch; thence along the centerline of the Lupton Meadows Ditch, North 22°57'19" West, 289.34 feet; thence leaving the centerline of the Lupton Meadows Ditch and traversing along the southerly boundary line of the McHale Ranch Annexation No. THREE, South 89°53'30" West, 821.62 feet; thence leaving the southerly boundary line of the McHale Ranch Annexation No. THREE, South 07'14'01" East, 268.71 feet; thence, South 75°59'06" West, 385.34 feet to the Point of Beginning. The above -described parcel contains 32.40 acres, more or less, and is subject to rights -of -way and/or easements of record or as may -now exist. 2 please Return TO: Town rji Firestone P.O. Fo-x 100 Firestone, CO 80520 ,� 4: ; IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiII 3535653 021151200E 02:04P Weld County, CO �,, � 1 of 2 R 11.00 C 0.00 Steve Moreno Clerk � Recorder � 63 _ ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MCHALE RANCH ANNEXATION NO. FIVE TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the McHale Ranch Annexation No. Five, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and. WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on October 11, 2007 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 4, 11, 18 and 25, 2007 in the Longmont Daily Times -Call and September 5, 12, 19 and 26, 2007 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the McHale Ranch Annexation No. Five, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN. FULL this / / day of d Lh & r , 2007. TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor I D11212007 4:35 PM[sjlj 5:1Firestone\Annexation\MCHaleRanch 5.ord (FINAL) ._, � �. I llllll l�fll llllll llllll ll� l 111 lllll�l 111 l���i 1111 IN 3535653 02/15/2008 02:04P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION - MCHALE RANCH ANNEXATION NO. FIVE A parcel of land located in the West One -Half Northeast One -Quarter (W'/z NE'/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the north line of the East One -Half Northeast One -Quarter (E'/2 NE 1/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado to bear South 89019'43" East between monuments as shown, and all bearings contained herein relative thereto. Beginning at a point on the south line of the West One -Half Northeast One -Quarter (W '/z NE 1/4) of said Section Five (5) whence the Center One -Quarter (C'/4) Corner of said of Section Five (5) bears North 89°22'08" West, 61.00 feet; thence leaving the south line of the West One -Half Northeast One -Quarter (W %2 NE 1/4) of said Section Five (5), North 00°36'08" East, 674.98 feet; thence traversing along the southerly boundary line of the McHale Ranch Annexation No. FOUR, South 89022'08" East, 1271.32 feet to a point on the east line of the West One -Half Northeast One -Quarter (W '/z NE 1/4) of said Section Five (5); thence along the east line of the West One -Half Northeast One -Quarter (W 1/2 NE 1/4) of said Section Five (5), South 00°43'47" West, 674.98 feet to the Center -East One -Sixteenth (C-E 1/16) Corner of said of Section Five (5); thence, North 89022108" West, 1269.81 feet to the Point of Beginning. The above -described parcel contains 19.69 acres, more or less, and is subject to rights -of -way and/or easements of record or as may -now exist. 2 Please Retu n To., T11vn ""? f Firestone F'reti�r rC, �0 80520 j.. IIIIIIIIIIIIIllllllilllllllllllllllllllllllllllllilllll j 3535655 02/15/2008 02:04P Weld County, CO f 1 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder 6o� ORDINANCE NO. b a AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE MCHALE ANNEXATION NOS. ONE, TWO, THREE, FOUR AND FIVE AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY. WHEREAS, petitions for annexation of certain property known as the McHale Annexation Nos. One through Five were filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and amended Outline Development Plan for such property; and WHEREAS, the property known as the McHale Annexation Nos. One through Five was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with Residential A (PUD R-A), Residential B (PUD R-B), Open Space (PUD OS) and Neighborhood Commercial (PUD NC) land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the McHale Annexation as amended; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and outline development plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the McHale Ranch Annexation Nos. One, Two, Three, Four and Five to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, with 7 IIIIIII IIIII IIIIIIIIIIII Illitllllllllillllllllillll IIII 3535655 02/15/2008 02:04P Weld County, CO 2 of 5 R 26.00 0 0.00 Steve Morena Clerk & Recorder Residential A (PUD R-A), Residential B (PUD R-B), Open Space (PUD OS) and Neighborhood Commercial (PUD NC) land uses, pursuant to the zoning ordinances of the Town and in accordance with the McHale Ranch Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 3. The Board of Trustees hereby approves the Outline Development Plan for the McHale Ranch, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. 1NTRWUCED, REAP, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this LC day of G 12007. dy Hegw d, Town Cler 10/12/2007 4:52 PM [sjl] S:FFirestone\AnnexationWcHaleRanch zoning ODP.ord (FINAL) 0a TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor 4 IIIIII IIIII IIIIII IIIIII IIIII III (IIIIII III IIIII IIII IIII 3535655 02/15/2008 02:04P Weld County, CO 3 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION - MCHALE RANCH ANNEXATION A parcel of land located in the Northeast One -Quarter (NE'/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West and the Southeast One -Quarter (SE '/4) of Section Thirty - Two (32), Township Three (3) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado, being more particularly described as: Considering the north line of the East One -Half Northeast One -Quarter (E'/z NE'/4) of Section Five (5), Township Two (2) North, Range Sixty -Seven (67) West of the 6th Principal Meridian, Weld County, Colorado to bear South 89°19'43" East and all bearings contained herein relative thereto: Beginning at the Northwest (NW) Corner of the Homestead At Firestone Annexation No. Five whence the Southeast (SE) Corner of said Section Thirty -Two (32) bears South 44°27'03" East, 42.52 feet; thence along the northerly rights -of -way line of County Road 26 the following two (2) courses, North 89°19'43" West, 1285.12 feet; thence, North 89°18'15" West, 1315.10 feet; thence leaving the northerly rights -of -way line of County Road 26, South 01°02'46" West, 60.00 feet to a point on the southerly rights -of -way line of County Road 26; thence along the southerly rights -of - way line of County Road 26, South 89'18'15" East, 137.63 feet to a point; thence leaving the southerly rights -of -way line of County Road 26, South 27°34'00" East, 325.79 feet; thence, South 0714'01" East, 886.79 feet; thence, South 75°59'06" West, 385.34 feet; thence, South 00°36'08" West, 1516.61 feet to a point on the south line of the East One -Half Northeast One -Quarter (E'/z NE'/a) of said Section Five (5); thence, South 89°22'08" East, 1269.81 feet to the Center -East One -Sixteenth (C-E 1/16) Corner of said Section Five (5); thence, North 00043'47" East, 1625.67 feet to a point on the centerline of the Lupton Meadows Ditch-, thence along the centerline of the Lupton Meadows Ditch the following three (3) courses, North 22°57'19" West, 405.26 feet to a point on a curve to the left which has a central angle of 14°37'42" and a radius of 304.77 feet, the chord of which bears North 30°16'08" West, 77.60 feet and along the arc 77.81 feet; thence, North 37°34'58" West, 251.92 feet; thence leaving the centerline of the Lupton Meadows Ditch, North 89°18'15" West, 124.89 feet; thence, North 00°4145" East, 517.10 feet to a point on the southerly rights -of -way line of Weld County Road 26; thence along the southerly rights -of -way line of Weld County Road 26 the following two (2) courses, South 89°18'15" East, 484.13 feet; thence, South 89°19'43" East, 1285.42 feet; thence, North 00°25'28" East, 60.00 feet to the Point of Beginning. The above -described parcel contains 68.93 acres, more or less, and is subject to rights -of -way and/or easements reserved for County Road 26 and is subject to rights -of -way and/or easements of record or as may -now exist. y � �IIIIII IIIII Illlilllllllllllllll IIIIIII III IIIIIIIII IIII 3535655 02/15/2008 02:04P Weld County, CO 4 of 5 R 26.00 C 0.00 Steve Moreno Clerk & Recorder EXHIBIT B McHale Ranch Annexation Conditions of Approval Annexation and Initial Zoning/ODP General 1. Petition for inclusion of the property into the Carbon Valley Recreation. District, St. Vrain Sanitation District and the Frederick -Firestone Fire Protection District. 2. Address comments from the Town Engineer and Town Attorney. 3. Clarify the potential application of the water rights associated with the property. Annexation Maps 4. Remove "Preliminary" from each map. 5. Complete the Firestone Information blocks on all sheets. 6. Revise the map for Annexation Nos. One and Two to use different symbols to note the contiguity for each annexation and the Town's existing boundaries in general. 7. Correct discrepancies in call outs on the maps. 8. Revise the Surveyor's Certificate as directed by the Town Attorney. Outline Development Plan 9. Revise the Owner/Developer information to reflect the ownership shown in the title commitment. 10. Remove the sheet title from the Title Block. 11. Delete the heading "Outline Development Plan Text." 12. Add a note stating that access locations and internal roadway design are illustrative only. 13. Show distinct lines between land use categories. 14. Note the right-of-way for Zinnia Avenue as a residential land use category 15. Establish the minimum lot size for the Residential B (R-B) Land Use category. ODP — Sheet I E `II�llll IIIII IIIIII Illlli IIIII III IIIIIII III IIIII IIII IIII 3535655 02/15/2008 02:04P Weld County, CO 5 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder 16. Move the Approval, Owner's Acceptance and Notary blocks to Sheet 1. 17. Delete "Annexation" from the Legal Description block. ODP — Sheet 2 18. Delete medical and hospital service information from the Service Requirements block, as these are not utility or governmental services provided to the property. 19. Complete the Recreations Service section. ODP — Sheet 4 20. The Land Use Table on Sheet 3 identifies 3.6 acres in the R-A land use category; identify this land use area on Sheet 4. Additional Conditions 21. Revise legal description to include only that property owned by petitioners/applicants. 22. Add a statement of intent to pursue "green" development standards as may be feasible. 23. Investigate age limitation options for the community. 24. Investigate phasing concept for the various housing types to incorporate milestones that include the flexibility to respond to market conditions. 25. Remove ODP note stating that existing fence line is to be removed. 26. Show any existing wells on ODP. R Please Return TO Town of Firestone P.O. Box 100 Firestone, CO 80520 ORDINANCE NO. (O � I AN ORDINANCE AMENDING SECTIONS 1.08.050.A AND . 13.08.010 OF THE FIRESTONE MUNICIPAL CODE, AND ADDING A NEW SECTION 16.04.055 TO THE FIRESTONE MUNICIPAL CODE, REGARDING RAW WATER DEDICATION REQUIREMENTS. WHEREAS, the Town of Firestone requires that landowners dedicate to the town one - acre -foot unit of Colorado Big Thompson ("CBT") water for every living unit in a single-family dwelling, and one-half acre-foot unit of CBT water for each living unit in a duplex, triplex, fourplex or larger building used for multi -family dwellings; and WHEREAS, the Board of Trustees has adopted a Raw Water Master Plan, which Plan recommends that the Town revise its raw water dedication requirements to provide that such requirements be satisfied in part by the dedication of water and in part by the payment of cash in lieu of dedication of water rights, in order to provide the Town with resources to further diversity its water sources and better secure water to satisfy projected water needs; and WHEREAS, the Board of Trustees finds that it is necessary and appropriate to amend the water dedication requirements to provide that seventy-five percent (75%) of the water dedication requirement be met by dedication of water and that twenty-five percent (25%) of the dedication requirement be met by payment of cash in lieu of dedication. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 1.08.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 1.08.050 Water Unless otherwise provided by the board of trustees, the town and the petitioner shall agree in writing, prior to final adoption of an annexation ordinance, to the transfer of the following minimum water rights to the town: A. Residential. The landowner, its successors or assigns in interest, shall dedicate to the town one acre-foot unit of Colorado Big Thompson ("CBT") water for every living unit in a single- family dwelling, as set forth in parfgh 6, below. 2. The landowner, its successors or assigns in. interest, shall dedicate to the town one-half acre-foot unit of CBT water for each living unit in a duplex, triplex, fourplex or larger building used for multi -family dwellings, as set forth in paragraph 6, below. 3. The landowner, its successors or assigns in interest, shall dedicate to the town two and one-half acre-foot units of CBT water for every acre of irrigated landscape area to be served by the town water system and located within a residential development, as set forth in paragraph 6, below. 4. In the event multi -family dwelling units are proposed to be served by a single meter rather than individual meters, the town may require that the owner, its .successors or assigns in interest, convey to the town additional water in the event actual water use from the single meter exceeds the amount dedicated to the town at the time of development. The town in its sole discretion shall determine when single meters may be used for multi -family dwelling unit developments. 5. Title to the required water rights, free of liens and encumbrances, shall be deliverable to the town at the time of final subdivision platting of any residential area in the annexation. No subdivision plat shall receive final approval until the town becomes titled owner of all water required for the platted area. 6. Effective January 1, 2008, the water dedication requirements of paragraphs 1, 2 and 3, above_, shall be satisfied by a combined dedication of water nights„ and payment of cash in lieu of dedication at the ratio of seven -five percent (75%o) dedication _ and twenty-five percent (25%) cash -in_ -_lieu pay_rnent. The cash -in -lieu payment shall be made at a rate as determined by the board of trustees_ from time to time by resolution to be equivalent to one hundred, ten percent of the then -current purchase price of CBT units. The town shall set these cash -in -lieu funds aside for future purchase of CBT units or other water nWits. B. Commercial and Industrial. indwstfiaL This r-equir-eowM "I be met at the time of ;;;;;; Ameti An 1. For commercial, industrial or other non-residential uses, the landowner, its successor or assigns in interests, shall dedicate to the town an amount of water a ual to the estimated total annual potable water demand requirement 2 for such uses, as calculated by the Town, plus an additional NLqn a Nrcent,as set forth in ParaUMh 4 below. 2. For commercialindustrial or other non-residential uses the landowner, its successor or assigns in interests, shall dedicate to the town two and one-half acre-foot units of CBT water for every acre of irrigated landscape area to be served by the town waters stem and located within such non- residential development, as set forth in paragraph 4,_below. 3. Title to the required water rights, free_ of liens and encumbrances, shall be deliverable to the town at or prior to town approval of the first of a buildingLpermit, final development plan, or final subdivision plat for M propegy or portion thereof proposed for commercial, industrial or other non-residential use, and no such permit, plan or plat shall receive final _approval until the town becomes titled owner of all water required for such use.^^ 4. Effective January 1, 2008, the water dedication requirements of paragraphs 1 and 2, above, shall be satisfied by a combined dedication of water rigbts and payment of cash in lieu of dedication at the ratio of seven , -five percent 05%) dedication and twenty -,five percent (25%) cash -in -lieu payment. The cash -in -lieu payment shall be made at a rate as determined by the board of trustees from time to time bX resolution to be equivalent to one hundred ten percent of the then -current purchase price of such units. The town shall set these cash -in -lieu funds aside for future_ purchase of CBT units or other water rights. ^ C. In addition, the landowner shall offer to sell all remaining water rights appurtenant to his or her property to the town at the fair market value as determined by a competent appraiser chosen jointly by the landowner and the town. The landowner shall also petition for inclusion of the land into the Northern Colorado Water Conservancy District if the land sought to be annexed is not already in that District. D. All water required under this section shall be Northern Colorado Water Conservancy District water shares or such other shares as the town may agree to accept in lieu thereof. E. The T Muirement of paragraphs A.6 and BA for a combined dedication/payment in lieu of dedication shall not apply to any development having a total water dedication requirement of eight or fewer acre-foot units of CBT water. Rather, these small developments ma,^iysatisfy their dedication requirements fully by dedication of water 3 or by pWnent in lieu of dedication, or by M combination thereof that is accepted by the board of trustees. Section 2. Section 13.08.010.B of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined : 13.08.010 Water Connection charges. B. In addition to the charges set forth in Subsection A above, there shall be transferred to the town the following: 1. One acre-foot unit of Colorado Big Thompson ("CBT") water for each single-family dwelling, and one-half acre-foot unit of CBT water for each living unit in a duplex, triplex, fourplex or larger building used for multi -family dwellings., as set forth in paragraph 6, below; 2. Two and one-half acre-foot units of CBT water for every acres of irrigated landscape area to be served by the town water system and located within the rest enfi ' development; 3. For commercial, industrial or other non-residential development, an amount of water equal to the ,estimated total_ annual_ potable water demand requirement for such uses as calculated by the Townplus an additional twen erp cent, ,, oo ., feet , fii4s f Ginn -water foF each ., or 4. In the sole and absolute discretion of the board of trustees and in lieu of acre-foot units set forth in paragraphs 1,2 and 32 above, an amount equivalent to one hundred ten percent of the then -current purchase price of such units as determined by the town. The town shall set these funds aside for future purchase of acre-foot units of CBT water. 5. The transfer required by this subsection shall be made prior to final approval of any subdivision plat for the property served. If no subdivision plat is required, then such water shall be deliverable at the time of building permit and shall be transferred to the town prior to the issuance of a building permit. All water transferred hereunder shall be free and clear of liens and encumbrances. 6. Effective .January 1, 2008, the water dedication requirements 4 of paragraphs 1, 2 and 3, above, _ shall be satisfied by a combined dedication of water rights and payment of cash in lieu of dedication at the ratio of seven, -five percent (75%) dedication and twenty-five percent (25%) cash -in -lieu Vayment. The cash -in -lieu payment shall be made at a rate as determined by the board of trustees from time to time by resolution to be equivalent to one hundred ten percent of the then -current purchase price of such units. The town shall set these cash -in -lieu_ funds aside for future purchase of CBT units or other water rights. Section 3. Chapter 16.04 of the Firestone Municipal Code is amended by the addition of a new Section 16.04.055, to read in its entirety as follows: 16.04.055 Water rights dedication. No subdivision plat, and no final development plan or building permit for any unplatted area, shall receive final approval until the town becomes titled owner of all water required for the area subject to such plat, plan or permit, as determined pursuant to sections 1.08.050 and 13.08.010 of this code, as applicable, and any agreement governing the platted area. If required by the town, the manner of satisfaction of the water dedication requirements shall be set forth in the subdivision agreement for the subdivision. The town, at all times and as a condition of water service and approval of any plat, final development plan or building permit for any non-residential area, shall have the right to require the dedication of additional water rights or, at the town's option, the payment of cash in lieu thereof, in the event actual water use for any such area exceeds the estimated potable water demand, as calculated by the town. Section 4. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to. the extent of such inconsistency or conflict. 5 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of n pU em b4 r , 2007. Attest: I In V2007 1:05 PM[s 1]S;TirestoneN0Fdinaacelwa1er dedication re Wons.doc TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor * i 5-�A 1. ti ?j ii''ee� ��MPy aea�a n IIIIIIIIIIIlI�Illl 1111111 HE 111111111 III IN 3522364 12/07/2007 02:35P Weld County, CO 1 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. AN ORDINANCE AUTHORIZING THE. CONVEYANCE OF A 0.200 ACRE PARCEL OF LAND OWNED BY THE TOWN AND DESCRIBED AS TRACT A, EAGLE CREST SUBDIVISION MINOR PLAT, IN EXCHANGE FOR THE CONVEYANCE TO THE TOWN OF A 0.200 ACRE PARCEL OF LAND OWNED BY THE FIRESTONE DEVELOPMENT, L.L.C., AND DESCRIBED AS TRACT L, FIRSTONE CITY CENTRE SUBDIVISION FILING NO. 1 WHEREAS, the Town of Firestone is the owner of certain 0.200 acre parcel of real property legally described as Tract A, Eagle Crest Subdivision Minor Plat,,according to the recorded plat thereof recorded at Reception No. 3 16874 1, Weld County Records ("Tract A"); and WHEREAS, Tract A was acquired for the installation of a Town of Firestone community sign„ landscaping and associated improvements; and WHEREAS, THE Firestone Development, L.L.C. ("THF"), owns and has platted a proposed alternative site for the sign and related improvements, which alternative site is 0.200 acres and is legally described as Tract L, Firestone City Centre Subdivision Filing No. 1 ("Tract I:); and WHEREAS, it has been proposed that the Town and THE exchange Tract A for Tract L; and WHEREAS, the Board of Trustees finds that Tract L will better serve the interests of the Town iri. having an appropriately located Town of Firestone community sign, and that the exchange of Tract A for Tract L will be consistent with the Town's plans for the development of the area within which the two Tracts are located; and WHEREAS, the Board of Trustees has determined that, upon compliance with the terms of this ordinance, Tract A is not being used or held for park purposes or any other governmental purpose of the Town; and WHEREAS, pursuant to C.R.S. Section 31-15-713, the Board of Trustees desires to convey Tract A to THE upon THF's conveyance of Tract L to the Town, and upon the other terms. and conditions set forth herein; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town to complete such exchange upon the terms and conditions set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the conveyance from the Town of Firestone to THE Firestone Development, L.L.C. ("THF"), of that certain real property legally described as Tract A, Eagle Crest Subdivision Minor Plat, according to the recorded plat thereof 11111111111111I111111111I11111111 111111111 IN 3522364 12/07/2007 02:35P Weld County, CO 2 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder recorded at Reception No. 3168741, Weld County Records ("Tract A") upon . the terms and conditions set forth in this ordinance. Section 2. Such conveyance of Tract A to THE shall be for and in consideration of THF's conveyance to the Town of Tract L, Firestone City Centre Subdivision Filing No. 1 ("Tract L"). Such conveyance of Tract L to the Town shall be by special warranty deed in the form accompanying this ordinance, and Tract L shall be conveyed free and clear of monetary liens, taxes and encumbrances, except for ad valorem real property taxes for the calendar year of conveyance (which THE shall pay) and thereafter, and free of any other encumbrances that may, in the reasonable determination of the Town, materially interfere with the Town's intended use of Tract L. THE shall at its expense cause a title policy in conformance herewith to be delivered to the Town at the time of conveyance, and shall pay all closing and recording costs incident to the exchange of Tract A for Tract L. Section 3. Tract A shall be conveyed to THE by special warranty deed, which deed shall be in the form of deed accompanying this ordinance, and in "as is" condition; provided, however, that Tract A shall be conveyed free and clear of monetary liens, taxes and encumbrances, except for ad valorem real property taxes for the calendar year of conveyance (which THE shall pay). The Mayor is authorized to execute on behalf of the Town a special warranty deed for the conveyance of the Tract A to THF, which deed shall be consistent with . the provisions of this ordinance; provided, however, that such deed conveying Tract A to THE shall not be executed and delivered to THE until THE has executed and delivered to the Town, and there has been recorded, the deed conveying Tract L to the Town in compliance with the terms and conditions of this ordinance, and upon such compliance, the Tract A deed shall be executed and delivered as provided herein. Further, nothing in this ordinance shall be construed to limit or discharge any of THF's obligations under that certain Subdivision Agreement for Firestone City Centre Subdivision Filing No. 1. Section 4. The Mayor and Town' Staff are further authorized to execute and deliver such additional documents as may be reasonably required with respect to conveyance of the Tract A to THF. Section S. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance, and the Board of Trustees hereby declares that it would have passed this ordinance and each such other part hereof irrespective of the fact that any one part be declared invalid. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Z T"' day of fi oU P tawW r , 2007. TOWN OF F STONE, COLORADO chael P. Simone Mayor `IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII j 3522364 12/07/2007 02:35P Weld County, CO 3 of 9 R 46.00 O 0,00 Steve Moreno Clerk & Recorder - Attest: �AV "ooecsetoeo• 5- I I I I I I I I I I I I II�III II I I I I I I ICI I I I I I I ICI I I I I 111111111 IN 3522364 12/0712007 02:35P Weld County, CO 4 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder SPECIMEN FORM OF DEED FOR TRACT L INOT FOR EXECUTION] SPECIAL WARRANTY DEED [Statutory Form — C.R.S. § 38-30-115] THE FIRESTONE DEVELOPMENT, L.L.C., a Missouri limited liability company, whose street address is c/o THE Realty, Inc., 2127 Innerbelt Business Center Drive, Suite 200, St. Louis, Missouri, 63114, Attn: Michael H. Staenberg ("Grantor"), for the consideration of Ten and 001100 Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to TOWN OF FIRESTONE, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado, whose legal address, whose legal address 151 Grant Avenue, Firestone, Colorado 80520 ("Grantee"), the real property that is described on Exhibit A attached hereto and made a part hereof, with all its appurtenances, and warrants the title to the same against all persons claiming under Grantor, subject to the matters set forth on Exhibit B attached hereto and made a part hereof. Signed as of this day of , 2007. THE FIRESTONE 'DEVELOPMENT, L.L.C., a Missouri limited liability company By: THE Firestone Investors, L.L.C., a Missouri limited liability company, its Manager Michael H. Staenberg, Manager STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2007, by Michael H. Staenberg as Manager of THE Firestone Investors , L.L.C., a Missouri limited liability company, as Manager of THE FIRESTONE DEVELOPMENT, L.L.C., a Missouri limited liability company. Witness my hand and official seal. My commission expires: Notary Public � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII �... 3522364 12/07/2007 02:35P Weld County, CO k `. 5 of 9 R 45.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Legal Description Tract L, Firestone City Centre Subdivision Filing No. 1, County of Weld, State of Colorado. 10 0 I liilll lllll llllll lllll llllll lllll lllll 111111111 IN 3522364 12/07/2007 02:35P Weld County, CO 6 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder - - EXHIBIT B Exceptions 1. REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2007 AND SUBSEQUENT YEARS, A LIEN NOT YET DUE AND PAYABLE. 2. [TO BE COMPLETED PURSUANT TO TITLE COMMITMENT SCHEDULE B-2 EXCEPTIONS] IIIIIIIIIIIIIIIIEIIIIIIIIIIIIIIEIIIIIIIIIIIIIIIIIIIIIII 3522364 12/07/2007 02:35P Weld County, CO 7 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder SPECIMEN FORM OF DEED FOR TRACT A 11VOT FOR EXECUTION] SPECIAL WARRANTY DEED [Statutory Form -- C.R.S. § 38-30-1151 TOWN OF FIRESTONE, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado, whose legal address, whose legal address 151 Grant Avenue, Firestone, Colorado 80520 ("Grantor"), for the consideration of Ten and 001100 Dollars ($10.00) and other good and valuable consideration, in hand paid; hereby sells and conveys to THE FIRESTONE DEVELOPMENT, L.L.C., a Missouri limited liability company, whose street address is c/o THE Realty, Inc., 2127 Innerbelt Business Center Drive, Suite 200, St. Louis, Missouri, 63114, Attn: Michael H. Staenberg ("Grantee"), the real property that is described on Exhibit A attached hereto and made a part hereof, with all its appurtenances, and warrants the title to the same against all persons claiming under Grantor, subject to the matters set forth on Exhibit B attached hereto and made a part hereof. Signed as of this day of , 2007. Attest: Judy Hegwood, Town Clerk STATE OF COLORADO COUNTY OF ) ss. TOWN OF FIRESTONE LOW Michael P. Simone, Mayor . The foregoing instrument was acknowledged before me this day of 2007, by Michael P. Simone, as Mayor, and Judy Hegwood, as Town Clerk, of the Town of Firestone. Witness my hand and official seal. My commission expires: Notary Public Ilillll illil Illlil lilli Illill Ilill Ilii4III il IIII liil 3522364 12/07/2007 02:35P Weld County, CO R 8 of 9 R 46.00 0 0.00 Steve Moreno Clerk & Recorder "EXHIBIT A Legal Description Tract A, Eagle Crest Subdivision Minor Plat, according to the recorded plat thereof recorded at ' Reception No. 3168741, Weld County Records, County of Weld, State of Colorado. t y > i , r� 11111111111111111I 111111111 HE 1111111111111111 IN 3522364 12107/2007 02:35P Weld County, CO 9 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Exceptions 3. REAL PROPERTY TAXES AND ASSESSMENTS FOR THE YEAR 2007 AND SUBSEQUENT YEARS, A LIEN NOT YET DUE AND PAYABLE. 4. [TO BE COMPLETED PURSUANT TO TITLE COMMITMENT SCHEDULE B-2 EXCEPTIONS] 'v� ORDINANCE NO. �P AN ORDINANCE AMENDING CHAPTER 13.08 OF THE FIRESTONE MUNICIPAL CODE TO PROVIDE FOR A SECURITY DEPOSIT FOR USERS OF THE TOWN OF FIRESTONE WATER SYSTEM. WHEREAS, the Town of Firestone provides water service to water users within the Town of Firestone; and WHEREAS, the Town desires to codify the requirement for a security deposit for the establishment of a water account, the amount of which deposit shall be as set from time -to -time by resolution of the Board of Trustees; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO AS FOLLOWS: Section 1. Chapter 13.08 of the Firestone Municipal Code is hereby amended by the addition of a new Section 13.08.110 to read as follows: 13.08.110 Deposits. A refundable deposit, payable upon application for water service, is required as a condition of providing water service to any customer. The required deposit shall be in an amount determined by the board of trustees from time to time by resolution. No interest shall accrue to the customer on such deposit and the deposit shall not prevent shut-off for nonpayment pursuant to the provisions in this chapter. Upon disconnection of water service or closure of the customer's account, the customer may request the deposited funds be applied to unpaid bills, late fees, and interest owed on the account or, if no amount is outstanding on the account at the time of disconnection or account closure, the deposit will be refunded in full to the customer. Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. ' All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this N day of e 6r, 2007. TOWN OF FIRESTONE, COLORADO Mayor two 1 eve Attest: J y He od Town Clerk .�♦ St onrF ��a r o 0 b all Vey IZL . �`®.�`�cac�t•aa �ly r 2 ORDINANCE NO.664 AN ORDINANCE AMENDING TITLE 10 OF THE FIRESTONE MUNICIPAL CODE, BY THE ADDITION OF CHAPTER 10.10 REGARDING SNOW ROUTES AND AMENDING SECTION 12.28.140 OF THE FIRESTONE MUNICIPAL CODE REGARDING SNOW REMOVAL WITHIN THE TOWN. WHEREAS, Colorado Revised Statutes Section 31-15-702 provides that the Town shall have authority to regulate the use of streets and public grounds and to prevent and remove encroachments or obstructions upon same; and WHEREAS, Section 12.28.140 of the Firestone- Municipal Code requires the owner, occupant or manager of any lot, tract or parcel of land within the Town to remove any snow or ice that accumulates on any sidewalk along such property within forty-eight hours; and WHEREAS, the Board of Trustees has determined that the designation of snow routes within the Town is necessary to keep streets safe and accessible during periods of snow and ice and; I . WHEREAS, the Board of Trustees desires to amend Section 12.28.140 to further require that snow removed from sidewalks and private property not be placed in the public rights -of -way.. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Title 10 of the Firestone Municipal Code is. hereby amended by the addition of a new Chapter 10.10 to read as follows: Chapter 10.10 Snow Routes Sections: 10.10.010 Definitions. 10.10.020 Designation of snow routes and posting of signs. 10.10.030 Parking in snow routes prohibited. 10.10.040 Removal of vehicles from snow routes. Sec.10.10.010 Definitions. As used in this chapter the following words have the following meanings: A. ' "Snow route" means all streets and highways designated as a "snow route" by the board of trustees in accordance with the provisions of this chapter. B. "Snow storm conditions" means when there is an accumulation of non -drifted snow or enough sleet, snow or ice to cause a solid coating of ice on any street designated as a snow route. See.10.10.020 Designation of snow routes and posting of signs. A. The board of trustees by resolution may designate or change snow routes within the town based upon the board's determination as to which streets or highways should be free of parked, stopped or stalled vehicles when snow storm conditions exist. B. Along each designated snow route, the director of public works shall cause to be posted traffic signs indicating that the street or highway has been designated a snow route and that parking prohibitions apply. The lack of visibility of any such sign when parking restrictions are in effect shall not excuse the owner or operator of a vehicle from complying with the provisions of this chapter. Sec. 10.10.030 Parking in snow routes prohibited. Whenever snow storm conditions exist, no owner of a motor vehicle or person in charge of a motor vehicle shall allow the vehicle to remain parked, abandoned, standing or stopped on any designated snow route. Any such vehicle found parked, abandoned, standing or stopped on a designated snow route is subject to citation and impoundment. Violation of this section shall be subject to penalties as provided by Section 1.16.010 of this code. Sec. 10.10.040 Removal of vehicles from snow routes. The police department is authorized to remove or have removed from designated snow routes any vehicle that is parked, abandoned, standing or stopped in violation of this chapter and to cause such vehicle to be impounded at an impound lot at -the owner's sole expense. The town shall not be liable and no officer, employee or agent of the town shall be liable, for any damages resulting from any act or omission in any way connected with the removal of a vehicle pursuant to this chapter. Section 2. Section 12.28.140 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strikeout; words to be added underlined): 12.28.140 Snow removal. A. It is unlawful for any owner, occupant or manager of any lot, tract or parcel of land within the town, to allow any snow or ice to accumulate or remain upon any sidewalk alongside such property longer than fern -eight twen -� four hours from the time of the last accretion of such snow and ice. B. It is unlawful for gny owner, occupant or Manager of PEY lot tract or parcel of land within the town to plow or pile into the public ri&-of- ny snow removed from an privately owned driveway or nghcin area. Commercial snow removal operators shall not plow, pile or store snow removed from private pro eqy into the public right -of -wad Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed'to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 13th day of December, 2007. TOWN OF FIRESTONE, COLORADO Dennis Bertron Mayor Pro Tem Attest: �� +♦�0aaa���R' u Hegw d ;AV opeoeneap••ee +� Clerk f'A !i 12114f200 8:28 AM sll] S:1FirestonehOrdinancelsnawRoutes (FINAL) � e. • • ne�n•�ce GC eel �ry -ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 652 WHEREAS, the Board of Trustees previously adopted Ordinance No. 652, entitled "An Ordinance Amending Chapter 5.08 of the Firestone Municipal Code to Create a Local Licensing Authority for the Town of Firestone and -to Amend Related Liquor Ordinances in Connection Therewith;" and . WHEREAS, the Board of Trustees desires to repeal Ordinance No. 652 and for the Board of Trustees to continue to serve as local licensing authority of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Ordinance No. 652 is hereby repealed in its entirety and, in furtherance of such repeal, Sections 5.08.010, -.020, -.030 and -050 of the Firestone Municipal Code are hereby amended to the versions of such Sections as existed immediately prior to the adoption of said Ordinance No. 652. Sections 5.08.130 though 5.08.180, as previously adopted by Ordinance No. 652, are repealed and deleted from the Code as a result of this ordinance. Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. INTRQDUCED, READ, ADOPTED, APPROVED, ,AND ORDERED PUBLISHED IN FULL this day of 2007. TOWN OF FIRESTONE, COLORADO Denis �eYan Mayor bra Attest: Q_UC&,4_ �, JV Hegwqod Town Clerk o ' ORDINANCE NO.666 AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER .ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation (hereinafter called "Applicant"), in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, by contract for the beneficial use of water from Northern Colorado Water Conservancy District, shall by ordinance authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of Two Hundred Ninety -One (291) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board, in the manner and form as in this section provided, to -wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER Y UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, the governing body of a Colorado municipal corporation, acting as -governing body of a water activitV enterprise, hereby applies to Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, 1973, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Two Hundred Ninety -One (291) acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of said District shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Colorado Water Conservancy District. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (1 /310,000) of the quantity of water annually declared by the Board of Directors of the District to. be available for delivery from the water supplies of the District. Applicant agrees that such water shall be delivered from the works of the District at such existing District delivery point or points as may be specified by the Applicant and that the water delivery obligation of the District shall terminate upon release of water from said works.- Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of the. District. 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of said District at a price per acre- foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from the District that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by said District to the Applicant at the following address: P. O. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice; Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of said District in accordance with the applicable provisions of C.R.S. Section 37-45-132 and 7-42-104. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above the District's actual expense in terminating and disposing of the contract right of use. 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of the District; if the annual payment is not timely made, as provided above, the right of use shall terminate. b. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of said District. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; by Section 3745-131; by the Rules and Regulations and policies of the Board of Directors of said District; and -by the Repayment Contract of July 5, 1938, between said District and the United States and all amendments thereof and supplements thereto. 8. Applicant agrees, as 'a condition of this contract, to enter into an "Operating Agreement" with said District if and when the Board of said District finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of the District; additional annual monetary consideration for extension of District delivery services and for additional administration, operation and maintenance costs; or for other costs to the District which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Firestone acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Colorado Water Conservancy District and the right to the beneficial use of water thereunder by said Town of Firestone is necessary; that the continued acquisition and use of this water supply is essential for the well-being of the community and for the preservation of the public peace, health, and safety; and that the adequate protection of the health of the inhabitants of the community requires an immediate increase in Applicant's water supply. It is, therefore, declared that an emergency exists; that this ordinance shall take effect as an emergency measure and that it shall be published in the manner and shall take effect as provided by the statutes of the State of Colorado or charter of the Applicant. Passed and adopted, signed and approved this D� e\P�STONF`444! TO •,....o...h R OW tA By ATTEST: 't fib. 2008. y H ood, Town Wrk ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for Two Hundred Ninety -One (291) acre-feet of water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the beneficial uses set forth in said application upon the terms, conditions, and manner of payment as therein specified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT Preside4t I hereby certify that the above Order was entered by the Directors of Northeni Colorado Rater Conservancy District on the 14th day of March A.D.,_2008. r -1 ATTEST: Secretary APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR CANCELLATION OF TEMPORARY USE PERMITS The Town of Firestone hereby applies for the cancellation of the following Temporary Use Permits: Permits Dated Acre -Feet Permits Dated Acre -Feet June 8, 2007 140 April 13, 2007 100 June 8, 2007 21 April 13, 2007 6 April 13, 2007 2 February 9, 2007 J 3 April 13, 2007 1 February 9, 2007- 3 April 13, 2007 12 January 12, 2007 3 Total Quantity to be Released at Firestone, Colorado this day of +tics , 2008. � � oo�oeaecee � s'e TO # T WN OFF TONE I � SEAL sRAO ATTELW W,; By -- f� � y Cb,% AL) ORDER ON APPLICATION 291 Application having been made by the Town of Firestone for the cancellation of the above Temporary Use Permits, and Hearing having been held by the Board of Directors of Northern Colorado Water Conservancy District, it is hereby ORDERED that the above Temporary Use Permits be canceled. Dated the 14th day of March , 2008. NORTHERN COLORADO WATER CONSERVANCY DISTRICT ATTEST: - - Presiden Secretary ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15.48.030.A.4 OF THE FIRESTONE MUNICIPAL CODE REGARDING SPECIAL USE PERMITS FOR OIL AND GAS WELLS. WHEREAS, Section 15.48.030 of the Firestone Municipal Code provides requirements and procedures for special use permits for oil and gas wells; and WHEREAS, Section I 5.48.030.A.4 of the Firestone Municipal Code sets forth limitations on placing additional equipment on a tank battery or wellhead location subject to a special use permit; and- - WHEREAS, the Board of Trustees desires to amend Section 15.48.030.A.4 of the Firestone Municipal Code to clarify the procedures and criteria applicable to proposed placement of additional equipment or facilities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. ' Section " 15.48.030.A.4 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s eeut; words to be added underlined): 15.48.030 Requirements and Procedures A. Proposed New Wells, Redrilling Certain Wells and Other Specified Enhancement Operations. 4. The special use permit is limited to the current proposed facilities as shown in the approved plan. To the extent the applicant desires, after initial completion of a well, to place additional production facilities or other equipment on a tank battery or wellhead location which was not shown in the approved plan; the applicant must, except in a situation where additional equipment is necessary for and will be removed within a period of fourteen days or less, iieti f , the t,,..;., e -obtain approval pursuant to the following procedures. a. The applicant shall submit an application to expand the special use permit to the town. The a licant shall submit a copy of the approved special use permit and plans with the details, includingheiaht, e ui ment specifications, operational noise levels and lacemen of the proposed additional production facilities and equipment and any other changes requested. The'applicant shall submit information reMding the level of noise that will be emitted by the well and well site with the proposed changes. do not i increase the noise levels emitted from the well and well site operations; ( ii increase the height of an equipment be and the maximum height permitted in the special use permit; (iii) _increase either the frequency or intensity of vehicle traffic necessary for well site operations, whether by changes in vehicle types or sizes or by increases in vehicle trips; or iv otherwise increase the use intensity as permitted in the special use permit, then the town administrator may administratively approve the proposed expansion of the special use permit. If, however, the town administrator finds that the proposed ex ansion of the special use rmit does not meet an of the criteria set forth herein then the a lication shall be reviewed by the board of trustees ursuant to the criteria set forth in section 15.48.050 of this chapter. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are. hereby repealed to the extent of such inconsistency or conflict. INTRO UCED, READ, ADOPTED, APPROVED, AND. ORDERED PUBLISHED IN FULL this /0 day of JQ ar , 2008. Attest: jy He ood Town Clerk 1/3/2008 M8 PM[s]I]SAFiresionc\0rdinanceloil & Has special peemits TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor STO-4 � �� cc�eone�e6Q ems` 6 It �� � ORDINANCE NO. � � AN EMERGENCY ORDINANCE. ESTABLISHING NEW FUNDS FOR ACCOUNTING OF FUNDS ACCUMULATED FOR REPAIR, IMPROVEMENT AND REPLACEMENT OF TOWN BUILDINGS AND EQUIPMENT, HIGHWAYS AND STREETS, PARKS AND PARK EQUIPMENT, FLEET VEHICLES AND EQUIPMENT; AND STORM WATER FACILITIES; ESTABLISHING PROCEDURES RELATED TO BUDGETING FOR SUCH FUNDS; AND MAKING RELATED AMENDMENTS TO THE FIRESTONE MUNICIPAL CODE WHEREAS, the Board of Trustees finds that additional funding will be required in future years to provide for adequate repair, improvement and replacement of the Town's aging infrastructure, vehicles and equipment; and WHEREAS, the Board of Trustees finds that it is necessary and appropriate to establish new funds within the Town budget to account for funds accumulated for future repair, improvement and replacement of Town infrastructure, vehicles and equipment, and to establish procedures related to budgeting for such funds; and WHEREAS, the Board of Trustees by this ordinance intends to establish funds and procedures to further the priority of funding expenditures necessary to repair, improve and replace Town buildings and equipment, highways and streets, parks and park equipment, fleet vehicles and equipment, and storm water facilities, such funds to be in addition to the Capital Improvement Fund and other capital funding sources for new capital improvements; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. . Chapter 3.04 of the Firestone Municipal Code is hereby amended by the addition of a new Section 3.04.110 to read as follows: 3.04.110 Infrastructure replacement reserve funds. A. There are established the following funds within the town budget, with funds therein to be used for the purposes stated: 1. The Building Replacement Reserve Fund, with funds therein to be used for the repair, improvement and replacement of town - owned buildings and building improvements, fixtures and equipment. 2. The Fleet Replacement Reserve Fund, with funds therein to be used for replacement of governmental fund assets such as public works and police department equipment, machinery and vehicles, and other non - enterprise capital equipment. 3. The Park Replacement Reserve Fund, with funds therein to be used for the improvement of town parks, trails and open space, and 1 repair, improvement and replacement of facilities and equipment located within town parks, trails and open space. 4. The Storm Water Facilities Replacement Reserve Fund, with funds therein to be used for the repair, improvement and replacement of any facilities, properties, improvements or equipment utilized in the provision of storm water services, whether owned in whole or part by the town, in fee or otherwise. 5. The Street and Highway Replacement Reserve Fund, with funds therein to be used for the repair, improvement and replacement of town streets and highway improvements, including without limitation, all improvements within town -owned rights -of -way such as asphalt,, concrete, sub -base preparation, road base, seal coat, curb and gutter, medians, entryways, sidewalks, bike and pedestrian paths, traffic signs, street lighting, street name signs, and non -enterprise surface or subsurface utility improvements. B. Appropriations to the reserve funds set forth in subsection A of this section shall be in such amounts as are determined by the board of trustees. In addition to consideration of appropriations to such funds at the time of adoption of the annual budget, the board of trustees shall at a mid -fiscal year budget assessment held each year review the final audited financial statements for the preceding fiscal year, the five-year capital improvement program, the town's long-term capital asset replacement schedules, and such other information as the board deems appropriate, and determine whether supplemental appropriations to any one or more of such reserve funds can be made in conjunction with such mid- year budget assessment. Section 2. Sections 3.04.020 of the Firestone Municipal Code is hereby repealed and reenacted, to read as follows: 3.04.020 Budget. A. The board of trustees shall adopt an annual budget for each year in accordance with the Local Governmental Budget Law of Colorado and the requirements of this code. B. As part of the proposed budget or as a separate report accompanying the proposed budget, there shall be submitted to the board of trustees a program of proposed capital projects for the next fiscal year and the four following fiscal years. An estimate of the costs of such projects shall be submitted together with suggested methods of financing those costs, and any recommendations for the addition, omission or deferment of projects. 2 C. As part of the proposed budget or as a separate report accompanying the proposed budget, there shall be submitted to the board of trustees one or more schedules for the proposed maintenance, repair, improvement and replacement of enterprise and non -enterprise capital assets of the town, including schedules relating to each of the categories of infrastructure or assets for which there has been established a replacement reserve fund as set forth in section 3.04.110. The schedule(s) shall include inventories of the capital infrastructure and assets of the town; schedules for anticipated maintenance, repair, improvement and/or replacement thereof, based on estimated useful life; methodology for calculating maintenance, repair, improvement and replacement costs; suggested methods of financing such costs; and recommendations for addition, omission or deferment of proposed asset investments for the next fiscal year. D. The board of trustees shall conduct at least one mid -year budget assessment each fiscal year, after receipt of the final audited financial statements for the preceding fiscal year. Section 3. Sections 3.04.040 of the Firestone Municipal Code is hereby repealed and reenacted, to read as follows: 3.04.040 Appropriations. The board of trustees shall within the last quarter of each fiscal year enact one or more ordinances or resolutions to approve the budget and make appropriations for the next fiscal year. In the annual appropriations measure, the board of trustees may appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the town. The amounts appropriated shall not exceed the expenditures specified in the budget. Appropriations shall be made by fund or department spending agencies within a fund, as the board of trustees shall determine. The adopted budget and appropriations documents shall present a complete financial plan by fund and by departmental spending agencies within each fund, and contain information showing and classifying expenditures by object, revenues by source, and the amount and purpose of each appropriation. Any budget transfer, supplemental appropriation, revised appropriation, or other change to the adopted budget shall be approved by the board of trustees by ordinance or resolution after compliance with any applicable notice provisions of state law. Section 4. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 3 Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are. hereby repealed to the' extent of such inconsistency or conflict. Section 6, The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate the amendments to the Firestone Municipal Code set forth in this ordinance, so as to allow for concurrent enactment of budgeting measures related to the reserve funds herein established. Therefore, this ordinance and the amendments to the Firestone Municipal Code` set forth herein shall take effect February.14, 2008, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. INTRO UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 'fe bf Ltar ' 2008. TOWN OF FIRrXPNE, COLORADO. Michael P. Mayor ORDINANCE NO. r AN ORDINANCE ADDING SECTIONS 16.12.100 AND 16.16.230.B TO THE FIRESTONE MUNICIPAL CODE REGARDING VACATION OF FINAL PLATS AND SETBACKS TO EXISTING AND PLANNED OIL AND GAS FACILITIES WITHIN THE BOUNDARIES OF A QUALIFIYING SURFACE DEVELOPMENT. , WHEREAS, Senate Bill 07-237 requires oil and gas operations within the boundaries of a qualifying surface development to meet certain requirements; and WHEREAS, Senate Bill 07-237 provides the right of a mineral estate owner to move for the vacation of a final plat in certain circumstances, subject to the local government's procedures for such vacations; and WHEREAS, the Board of Trustees finds that it is necessary and appropriate to amend the subdivision regulations to add procedures for vacating final plats, as set forth in Senate Bill 07- 237; and WHEREAS, the Board of Trustees finds that it is necessary.and appropriate to amend the oil and gas setback regulations set forth in Section 16.16.230 of the Firestone Municipal Code to provide that qualifying surface developments must comply with applicable provisions of Senate Bill 07-237 in addition to the setbacks set forth in such Section; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 16.12 of the Firestone Municipal Code is hereby amended to add a new Section 16.12.100 to read as follows: 16.12.100 Vacation of Final Plat by Mineral Estate Owner A. For qualifying surface developments, as defined in Section 16.16.2303, a mineral estate owner may apply for the vacation of a final plat covering an area in which the mineral estate owner owns a mineral estate after depletion of the incremental drilling funds in an escrow account posted under C.R.S. § 24-65.5-103.7 in connection with the recording of such plat only to the extent of areas encompassed within the Colorado Oil and Gas Conservation Commission (Commission) -approved drilling windows, subject to the following procedures: The mineral estate owner shall apply for vacation of the final plat and pay the application fee as amended from time to time by the town. 2. The board of trustees shall hold a public hearing on the request to vacate the final plat. The town shall provide notice and hold its public hearing in the manner prescribed by chapter 17.44. The board of trustees may vacate the portion of the final plat covering the area of the mineral estate owner's mineral estate upon the following findings: a. That the incremental drilling funds in an escrow account posted under C.R.S. § 24-65.5-103.7 have been depleted; b. That the area of the final plat requested to be vacated is within an area encompassed within the Commission - approved drilling window; and C. That the mineral estate owner has established to the satisfaction of the town that there is no reasonable likelihood that the surface development approved in such plat will occur. 3. Upon the granting of any such vacation, the ordinance vacating any portion of the final plat shall be recorded in the records of the clerk and recorder for Weld County at the mineral estate owner's expense. 4. Upon the granting of any such vacation, the mineral estate owner may conduct oil and gas drilling and production operations within the Commission -approved drilling windows, upon receipt of any permits or approvals required by this code and in compliance with applicable laws, ordinances -and regulations. Section 2. Section 16.16.230 of the Firestone Municipal Code is hereby amended to add a new subsection B to read as follows: 16.16.230 Setbacks to oil and gas operations. B. Qualifying Surface Developments. 1. Definitions. a. "Qualifying surface development" means an application for development covering at least one hundred sixty gross acres, plus or minus five percent, within the greater Wattenberg Area, including any applications for development filed by affiliates sharing a common boundary, in whole or in part. 2 b. "Greater Wattenberg Area" means those lands from and including townships 2 south to 7 north and ranges 61 west to 69 west of the sixth principal meridian. 2. In addition to the requirements in Subsection A, above, each subdivision plat within the boundaries of a qualifying surface development shall comply with the C.R.S. § 24-65.5-103.5, as in effect from time to time. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRO UCED, ZX�o DADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this o� day of/ , 2008. t � �reAeneeee F �b lr®WN %z NO 4 f�Attest_ .409 \"t .q�ce MSM• V y He ood �ro own Clerk I13/2008 1:59 PMldrdjS:lFses[one�Ordinancelwelllocalionsdbackordinance QSD(2007).doc TOWN OF FIRESTONE, COLOR -ADO Michael P. Simone Mayor 3 ORDINANCE NO. '7 Q AN ORDINANCE ADOPTING BY REFERENCE THE ' 2006 EDITION_ OF THE INTERNATIONAL FIRE CODE AND ENACTING AMENDMENTS THERETO; AMENDING CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL CODE IN CONNECTION WITH THE ADOPTION OF SUCH CODE; ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the International Code Council has developed a series of international building, housing and safety standards, including but not limited to the International Fire Code, which are designed and intended to be used together; and Y WHEREAS, the Town's emergency services providers and the Town's Chief Building Official' have recommended the Board of Trustees adopt the 2006 Edition of the International Fire Code with certain amendments; and WHEREAS, the Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the adoption of the 2006 International Fire Code with amendments; and WHEREAS, the Board of Trustees has determined it is in the best interest of the citizens of Firestone, and in the interest of the public health, safety and general welfare, to adopt by reference the 2006 International Fire Code, with amendments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.32.010 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.32.010 International Fire Code, 2006 Edition adopted. Subject to the amendments set forth in 15.32.020, below, the International Fire Code, 2006 Edition, as published by the International Code Council, Inc., 500 New Jersey Avenue, NW, 6th Floor, Washington, DC 20001-2070; (the "International Fire Code"), is hereby adopted by this reference and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the 2006 International Fire Code is to: (1) regulate and govern the safeguarding of life and property from fire and explosion. hazards arising from the storage, handling and use of hazardous substances, materials and devices; (2) provide greater safety and protection to the public from conditions hazardous to life or property in the occupancy of buildings or premises; and (3) provide for the issuance of permits and collection of fees therefor. Except as amended in 15.32.020, below, the 2006 International Fire Code is adopted in full, including the outline of contents, index, Chapters 1-45 and Appendix Chapters A-G. Any reference to the International Fire Code within this chapter or to the fire code within this code shall be to the 2006 Edition of said International Fire Code. The town clerk shall maintain sufficient copies of the International Fire Code® as required by law in the town hall. The code adopted herein , shall be enforced by the fire district having jurisdiction within the town, which district shall serve as the bureau of fire prevention of the town. Section 2. Section 15.32.020 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.32.020 Additions and deletions. The following additions, amendments and deletions are made to the International Fire Code, 2006 Edition: A. Section 108.1 of the International Fire Code is amended to read: In order to hear and decide appeals of orders, decisions or determinations made by the fire code official in the application and interpretation of this code, there is hereby created a board of appeals. The three -member board of appeals shall be comprised of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, architect, 'industrial hygienist or other qualified individual with expertise in interpreting and applying this code with respect to the specific issues being appealed, and who is mutually agreed upon by the Chief Building Official and the Fire Chief. The board of appeals may adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a copy to the fire code official. B. Section 108.3 is deleted in its entirety. C. Appendix A of the International Fire Code is deleted in its entirety, and the following new Appendix A is added: Appendix A -- Board of Appeals Section A 10 1 — General. A101.1 Scope. A board of. appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the International Fire Code pursuant to the provisions of Section 108. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants, the fire code official, and other interested parties pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions. 2 A 101.2 Membership. The three -member board shall consist of the Chief Building Official; the Fire Chief, and an independent fire safety engineer, architect, industrial hygienist or other qualified individual with expertise in interpreting and applying this code with respect to the issues being appealed. The Fire Chief and the Chief Building Official shall mutually agree upon the individual to serve as the third board member. A101.3 Quorum. All three members of the board . are required for a quorum. In varying the application of any provisions of this code or in modifying an order of the fire code official, an affirmative vote of at least two of the three board members is required. A101.4 Secretary of the Board. The Fire District's Administrative Assistant shall serve as the secretary of the board and shall keep a detailed record of all its proceedings, which shall set ' forth the reasons for its decisions, and the vote of each member. A101.5 Meetings. The board shall meet within ten (10) days after notice of appeal has been received, or as soon thereafter as practicable. A101.6 Procedures. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of the Firestone Municipal Code and laws of the State of Colorado. A101.7 Decisions. Every decision shall be promptly filed, in writing in the office of the fire code official, the town administrator, and town clerk and shall be open to public inspection. A copy of such decision shall be kept publicly posted in the. office of the fire code official for twenty-one days (21) days after filing. A certified copy of the final board decision shall be sent by mail or otherwise to the appellant by the fire code official. A101.8 Board of Trustees Review. The town board of trustees, at its discretion and by motion, may call up any decision of the board within twenty-one (21) days after the date of issuance of the board's written decision. In the event of such call up, the following shall apply: A101.8.1 The board of trustees shall consider the board's decision at a public hearing held subsequent to the meeting at which the decision was called up, and notice of such public hearing shall be provided to the appellant at least five (5) days in advance of the.public hearing. A 101.8.2 The board of trustees - call up review shall be de novo; in addition to the information submitted at its public hearing, the board of trustees may receive and consider the board's minutes, any staff reports, and reviews and recommendations provided by town staff or fire district 3 staff, and such other information as the board of trustees determines relevant to review of the decision subject to its call up. A101.8.3. The board of trustees may uphold, reverse or modify the decision of the board subject to its call up. The board of trustees' decision shall be promptly filed in writing in the office of the fire code official and the town clerk and shall be open to public inspection. A copy of such board of trustees decision shall be kept publicly posted in the office of the fire code official for twenty-one days (21) days after filing. A certified copy of the final board of trustees decision shall be sent by mail or otherwise to the appellant by the town clerk. A101.8.4 Failure of the board of trustees to call up a decision of the board prior to the expiration of twenty-one (21) days after the date of issuance of the board's written decision shall render the board's decision final for purposes of judicial review. Section 3. Section 15.32.010 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.32.30 Penalties. The following penalties shall apply to violations of this Chapter. A. It is unlawful for any person, partnership, corporation or other legal entity to violate any of the provisions of Chapter 15.32. B. Every person, partnership, corporation or other legal entity convicted of a violation of any provision stated or adopted by reference in Chapter 15.32 shall be punished by a fine not. exceeding one thousand dollars or by imprisonment not to exceed one (1) year or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by any such person shall be a separate offense. Section 4. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 4 } Section b. The repeal or modification of any provision of any prior ordinance by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings; or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of !Rbruaq,2008. d�aan'k'PAgA�� TOWN OF FIRE ONE, COLORADO `QZOson�'^o,, 4��Q • I ` �• lxWi I 1 0 �� _ � g� Michael P. Simone 00 v j Mayor `��, y Hegw d awn Cler 1/212008 L12 PM[ed1] SAF restone\0rdinantellFC 2006 (drafl).DOC 5 ORDINANCE NO. � 7 AN EMERGENCY ORDINANCE MAKING AMENDMENTS TO TITLE 2 OF THE FIRESTONE MUNICIPAL CODE, ENTITLED "ADMINISTRATION AND PERSONNEL," REGARDING THE ORGANIZATIONAL STRUCTURE OF THE TOWN WHEREAS, the Board of Trustees desires to update and amend Title 2 of the Firestone Municipal Code, entitled "Administration and Personnel," NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections H, X and AD of Section 1.04.010 of the Firestone Municipal Code, which provide definitions, respectively, of the terms "Maintenance Commissioner," "Streets Commissioner," and "Water Commissioner," are hereby repealed. Section 2. Section 2.04.050 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are sew): 2.04.050 Mayor to preside at meetings —Absence of mayor. The mayor, or in his absence the mayor pro tem, shall call the meeting of the board of trustees to order and preside at all meetings. In case of the absence of the mayor and mayor pro tem, one of the trustees in attendance may call the meeting to order, and if a quorum is present, one of the trustees may be elected to preside at the meeting. Section 3. Section 2,04.070 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined, words deleted are 4Fiskea 41fouO): 2.04.070 Order of business. A. At the hour appointed for the meeting the members shall be called to order by the presiding officer. The clerk and the eee shall then call the rollrele and note the absentees and determin , whether a quorum is present, and if there is a quorum, the board shall proceed to business in the €ell@ vingmanner set forth in the agenda a raved by the board of the iEiWd4es; 4. D esep atie•• @�, a R Ui-; The order of business maybe changed or suspended during any meeting by a majority vote of the members present. Section 4. Section 2.04.140 of the Firestone Municipal Code, entitled "Ordinance Introduction and acceptance restrictions," is hereby repealed. Section 5. Section 2.04.190 of the Firestone Municipal Code, entitled "Appointment of commissioners" is hereby repealed. Section 6. Section 2.08.010 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are stfiekes thfet*): 2.08.010 Officers, appointment, term. A. There shall be appointed by the board of trustees, no later than thirty days after the organization thereof in each election year, a town attorney, a town treasurer, a town clerkfeeefdef, a town marshal, a municipal judge, a engifieff and such other officers as from time to time shall be necessary for the proper government and control of the town, and the appointees shall hold their respective offices ewe yea.saFA-until their successors are appointed and qualified, unless sooner removed according to law as hereinafter provided. B. All appointment of officers shall be by motion or ballot, and the concurrence of a majority of all the trustees elected shall be required, and the.names of the trustees voting and the number of the votes each candidate receives shall be recorded. All vacancies in office shall be filled in the same manner as original appointments. Section 7. Section 2.08.020 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are st;-isl-ems): 2.08.020 Oath, bond. Before entering upon the duties of their respective offices, each person appointed to any office shall take and subscribe an oath or affirmation to support the Constitution of the United States and the state of Colorado, and to faithfully perform the duties of the office upon which he is about to enter.; The board shall require „from the treasurer, and may require from such other officers as it determines proper, a bond, with proper penalty and surety, for the care and disposition of municipal funds in their hands and the faithful discharge of the duties of their offices. 2 Rti J�Tt��•�i effieep-The oath and bond, when approved as aforesaid, shall be filed with the town clerk and feeerder-except aLiy re uired fl%#-of the town clerk-aa4+eeerder, which shall he filed with the town treasurer. Section 8. Section 2.10.030 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are skeked): 2.10.030 Powers and duties. A. The town administrator shall be the chief administrative officer of the town and shall be responsible to the board of trustees for the administration of the matters placed in the charge of the town administrator by the board of trustees. B. The town administrator's duties and responsibilities shall include, without limitation, the following: 1. Perform administrative, supervisory and professional work in planning, coordinating, and directing the operations of specifically assigned departments and town staff the 2. Perform all duties related to budget preparation and administration, including advising the board of the financial condition and future needs of the town and preparing and submitting annually to the board a proposed budget for the town: 3. Develop and implement strategies, policies and procedures to . advance the goals and objectives of the Board of Trustees and various departments; 4. _ 4versijzht of functions and departments as assigned by the Board; 5. Coordinate and assess governmental operations to ensure effectiveness and efficiency and implements administrative programs and makes policy recommendations regardingsame, 6. Exercise oversight and control over personnel hiring,training, evaluating and disciplinary action exce t for 1positions that report directly to the Board of Trustees; 7. Developand administer the town's personnel policies and procedures, as well as employee benefit and compensation programs as set by the board; S-2. Te-sSee that the ordinances of the town and the applicable laws of the state are enforced, and that the policies and procedures of the town are followed; 93. Make recommendations to the board of trustees concerning the affairs of the town; q Te keep the .oar -a of tutees advised 4 the fina eia eendition and fiAwe needs of the town; 5. To prepare and Submit afmuaily to the beafd of tnastees Proposed budget for- the town; t4e board of t%ste LOT T"Perform such other duties and responsibilities as required by the position description and any ordinance, resolution, or motion of the board of trustees. Section 9. Chapter 2.10 of the Firestone Municipal Code is hereby amended by the addition of a new Section 2.10.050 to read as follows: 2.10.050 Personnel and Employees. A. Except as expressly provided to the contrary in this code, the town administrator shall have the powers and duties to hire, suspend, transfer, and remove town employees. B. Except for the purpose of inquiries, individual board members or the mayor shall deal with administrative services solely through the town administrator or town manager, as the case may be, and neither the board of trustees, the mayor nor any committee thereof shall give orders to any of the subordinates of those employees directly appointed by the board. Section 10. Chapter 2.12 of the Firestone Municipal Code is hereby renumbered as Chapter 2.14 and amended to read as follows {words added are underlined; words deleted are s4fisken through : Chapter 2.1444 Town Clerk and Reeor-dff Sections: 2.144-2.010 Duties and responsibilities. 2.14-�2.020 Fair housing information officer. 2.144-2.030 Pro tem. 2.14-14.010 Duties and responsibilities. The town clerk of the town and shall: A. Cause the ordinances of the town to be published as required by law, superintend their publication, recording and placement in the ermanent records of the town, along with resolution spFipAing, and examine the publication proof sheets and compare them with the original rolls; B. Receive and file all papers to be filed among the town records; :! C. Keep a correct and detailed account of all funds relating to, bonds issued and promissory notes given by the town, specifying under what order or ordinance they were issued or given, when they were issued or given, the outstanding principal amount, to whom they were issued or given, for what purpose they were issued or given, when they are payable, where they are paid, and the amount and percentage of interest paid upon such bonds and promissory notes; D. Make out and deliver to each person elected or appointed to any office in the town a certificate of such election or appointment; E. Furnish to the town attorney any record of documents in the clerk's office that the attorney may request to be used in any court and take receipts therefor. The clerk shall also furnish any necessary, duly certified transcripts of the town; F. Serve as custodian of public records and performs the functions thereof as provided by law; G. Attend all meetings of the board of trustees, and make a fair and accurate record of all the proceedings, rules, and ordinances, made and passed by the board of trustees; H. As soon as possible after their passage, record all ordinances in a book to be kept for that purpose and denominated the "ordinance book," in which the ordinances upon being so recorded shall be authenticated by the signature of the mayor and clerk under the seal of the town; I. Keep the town seal and affix it to all instruments an papers which, by ordinance, are required to be attested to by the town seal; J. Have the custody of and safely keep all the records, documents, ordinance, resolutions, and orders of the board of trustees; and such other papers, documents, books and other property as may be delivered into the clerk'shis custody; K. Sign all permits and licenses issued in accordance with the provisions of the ordinances concerning the same; L. Report at the regular meeting of the board of trustees the transactions of this office; and M. Perform such other duties as may be required of the clerkly by law or ordinance. 2.14.2.020 Fair housing information officer. The town clerk of the town shall be appointed and designated as the representative of the town to function as the fair housing information officer. The duties of such officer shall include, but are not limited to, providing approved fair housing 5 complaint forms, receiving complaints and forwarding them to appropriate governmental agencies for further action, and providing fair housing information to interested persons. 2.1414.030 Pro tem. The board of trustees mma y&ha4 also elect a clerk +eeefEer pro tem, who shall perform the duties of the town recorder during the clerk'sin44s absence or inability to act. Section 11. Title 2 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 2.12 to read as follows: Chapter 2.12 Town Manager Sections: 2.12.010 Position established. 2.12.020 Term. 2.12.030 Powers and duties. 2.12.040 Compensation. 2.12.010 Position established. There is created the position of town manager of the town. 2.12.020 Term. The town manager shall be hired and serve for an indefinite term, shall serve at the pleasure of the board of trustees, and may be removed by a majority vote of the entire board of trustees. 2.12.030 Powers and duties. A. The town manager shall be responsible for administration of the matters placed in the charge of the town manager by the board of trustees. The town manager does not supervise or direct the day to day operations or departments of the municipality (except as noted above or as otherwise assigned by the board), and does not provide oversight of budget preparation or administer town personnel policies or employee benefit and compensation programs. B. The town manager's duties and responsibilities shall include, without limitation, the following: 1. Perform supervisory and professional work in development of intergovernmental relations, planning and development, engineering, building inspection, capital projects, legislative compliance and economic development as such work is consistent with the goals and objectives of the board; 2. Oversight of town employees and contract staff as depicted in the adopted organization chart; 0 3. Collaborate with the town administrator to ensure smooth implementation of all town policies in the areas of economic development, planning and development, engineering and inspection with regard to the duties of the town staff; 4. Assess governmental operations to ensure compliance with federal, state and county legislative requirements regarding economic development, land use planning and development, engineering and inspection, and bring policy recommendations regarding same before the board of trustees; 5. Manage land use planning and development activities with other municipalities, state and regional agencies; 6. Promote the development and negotiation ofintergovemmental agreements or other cooperative agreements with both public and private entities; 7. Confer and coordinate with community leaders and groups on a wide range of issues established as goals and objectives of the board; 8. Develop and implement an economic development program for the town; 9. Manage the activities of any urban redevelopment authority or financing authority of the town; 10. Perform such other duties and responsibilities as required by ordinance, resolution, or motion of the board of trustees. 2.12.040 Compensation. The compensation of the town manager shall be as established by ordinance or resolution of the board of trustees. Section 12. Chapter 2.16 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are stfisken thr-eiio): Chapter 2.16 Town Treasurer Sections: 2.16.010 Duties --Warrant process. 2.16.020 Reports. 2.16.010 Duties --Warrant process. It shall be the duty of the town treasurer to receive, receipt for and safely keep all moneys belonging to the town, and pay out of such moneys such sum or sums as may be ordered paid by the board of trustees, and checks or drafts drawn upon accounts of the town shall be signed by two of the following three persons: the mayor, the mayor pro tem, the town clerk, the town_ treasurer; under the seal of the town, and shall state for what purpose the money was appropriated, the particular fund or 7 appropriation to which the same is chargeable and the person to whom payable. The treasurer4e shall Laikeep the sum of each separately from others, charging each fund with all payments and crediting it with money received on account thereofLO11.44e shA-keep a true and accurate account of all money belonging to the town, and shall report to the board of trustees in writing once a month at the regular meeting, and oftener if required, all moneys received and paid out by the townhim and the condition of each fund and all other business pertaining jheretoLoc his o f a He AaU keep all moneys in his hands belonging to the corporation in the name of the town on deposit in a bank designated by the board of trustees d . keep all moneys belonging to the corporation in his hands separate and distinct from his ow moneys of an other person or entity, and the treasurerhe is expressly prohibited from using, directly or indirectly, the corporation money in his the treasurer's custody or keeping for erp sonal his-ewn use or benefit or that of any other person or persons, and any violation of this provision shall be grounds forsubjeeA him immediate removal from office by the board of trustees, who are authorized to declare the office vacant, and in which case afiis successor shall be appointed, who shall hold I+isoffice for the remainder of the time unexpired of such officer so removed. 2.16.020 Reports. The town treasurer shall annually, no later than March 1st, make out and file with the town clerk and recorder, a full and detailed account of all receipts and expenditures and all 4istransactions as treasurer during the preceding fiscal year_, - The town treasurer shall all make out and file with the town clerk such statements of expenditures and other proceedings as are required by C.R.S. & 31-20-202,_which statements aeeouatthe clerk a Beer-d shall immediately cause to be printed or posted according to applicable statutes of the state of Colorado. Section 13. Section 2.58.030 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are s�k4ekea #weugh): 2.58.030 Members. The parks and trails advisory board shall consist of six members as follows: One member of the board of trustees, appointed annually by the mayor and referred to as t-The commissioner of parks and recreation for purposes of this chapter, who shall serve as the chair of the parks and trails advisory board. The chair's term shall run concurrently with his or her assignment as commissioner of parks and recreation and so long as he or she is a member of the board of trustees. The remaining five members of the parks and trails advisory board shall be appointed by the mayor and confirmed by the board of trustees. The terms of the five members shall be as follows: two two-year terms, one three-year term and one four-year term. Any vacancy in membership shall be filled by appointment by the mayor and confirmed by the board of trustees. Initial appointments to the board shall be made within thirty days of the effective date of the ordinance codified herein. Ki Section 14. Section 2.58.060 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are stricken thf-eeo): 2.58.060 Staff and finances. The commissioner of parks and recreation and town administrator shall coordinate and direct staff efforts for and on behalf of the parks and trails advisory board. Any expenditures made by the board shall be authorized by the board of trustees or its designee, as provided herein, and shall be within the amounts appropriated by the board of trustees. Such appropriated amounts shall be in the exclusive discretion of the board of trustees. The sew' of parks and ro e tio-��town administrator shall have the authority to authorize expenditures for and on behalf of the board within limits set forth in the town's purchasing policies. All other expenditures, and all commitments of funds and contracts proposed or recommended by the board, shall be subject to the approval of the board of trustees. The parks and trails advisory board shall be provided with a detailed quarterly report of revenues, expenditures and appropriations for park purposes. Section 15. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 16. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 17. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to effectuate the timely and efficient administration of the affairs of the town, and that this ordinance shall take effect upon adoption and signing by the Mayor if approved by three -fourths of the members of the Board of Trustees. INTRODIVCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 15' day of fikruotV , 2008. 1.10 ' G �+ `•test: v„ a.s•�'' 121Hegw d n Clerk TOWN OFIRESTO COLOR Michael P. Simone Mayor IillllllllllllllllllllllllllllllllllllllllllllllllfIIII 3642347 08/13/2009 09:30A Weld County, CO 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. AN EMERGENCY ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE FIRELIGHT PARK ANNEXATION NO. ONE TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Firelight Park Annexation No. One, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on March 27, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published February 26 and March 4, 11, 18 and 25, 2008 in the Longmont Daily Times -Call and February 27 and March 5, 12, and 19, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein -by this reference, and known as the Firelight Park Annexation No. One, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. Section 3. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate the Firelight Park annexation to the Town as requested pursuant to the petitions for annexation filed with the Town, and that this ordinance shall take effect upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourth of the entire Board of Trustees, and further provided that the items described in Section 31-12- 113(2)(a)(In(A) shall not be filed of record with the Weld County Clerk and Recorder, it being the intent and understanding of the Board of Trustees and the property owner that the annexation will become legally effective only upon such filing of record, prior to satisfaction or owner's written 3642347 08/13/2009 09:30A Weld County, CO 2 of 4 R 21.00 13 0.00 Steve Moreno Clerk h Recorder waiver of the condition that final, non -appealable approval has occurred for, in each case in a farm and substance mutually agreed to by the. Board of Trustees and the property owner, (i) the annexation agreement; (ii) a public improvements reimbursement agreement; and (iii) a development/vesting agreement. INTRODUCED, READ, AD PTED, APPROVED AND ORDERED PUBLISHED IN FULL this ' day of y'Yja to 2008. TOWN OF FIRESTONE, COLORADO < TOWN Q 10. f � y 10 p r 0' o°10 Michael P. Simone, Mayor �0�0 ��TTE'�®� dp©gyp i� -CC dy HegUod, Tow*C* EXHIBIT A FIRELIGHT PARK ANNEXATION NUMBER ONE LEGAL DESCRIPTION ALL THAT PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 AND STATE HIGHWAY 119 RIGHT-OF-WAY SITUATED IN SECTIONS 3,4,5,8,9 AND 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE -QUARTER CORNER OF SECTION 5 BEARS SOUTH 88°54'04" EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44" EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY LINE NORTH 87039'56" EAST 578.93 FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH Ol ° 05' 44" EAST 1911.54 FEET; THENCE SOUTH 89108'36" EAST 677.38 FEET; THENCE SOUTH 01 005'44" WEST 1873.76 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES; THENCE NORTH 87'39'56" EAST 1309.28 FEET; THENCE NORTH 69°56'56" EAST 57.77 FEET; THENCE NORTH 0°43'55" EAST 11.49 FEET; THENCE SOUTH 89016'05" EAST 80.01 FEET; THENCE SOUTH 70023'20" EAST 65.87 FEET; THENCE NORTH 87°34'40" EAST 359.60 FEET; THENCE NORTH 85010'40" EAST 190.60 FEET; THENCE NORTH 83'36'40" EAST 194.00 FEET; THENCE ALONG THE 2 1111111111111111111111111111111111111111111111111111111 3642347 08/13/2009 09:30A Weld County, CO 3 of 4 R 21.00 1D 0.00 Steve Moreno Clerk & Recorder ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5,830.00 FEET, A CENTRAL ANGLE OF 09047'31", CHORD OF SAID ARC BEARS SOUTH 87032'07" EAST 995.13 FEET) A DISTANCE OF 996.34 FEET; THENCE NORTH 88°35'23" EAST 333.17 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 11,310.00 FEET, A CENTRAL ANGLE OF 05°26'27", CHORD OF SAID ARC BEARS SOUTH 85023'49" EAST 1073.61 FEET) A DISTANCE OF 1074.01 FEET; THENCE NORTH 68'29' 11" EAST 111.20 FEET; THENCE SOUTH 68°28' 19" EAST 210.70 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 11,340.00 FEET, A CENTRAL ANGLE OF 01-35'02", CHORD OF SAID ARC BEARS NORTH 89°41'56" EAST 313.50 FEET) A DISTANCE OF 313.51 FEET; THENCE SOUTH 87001'49" EAST 282.30 FEET; THENCE NORTH 88054'26" EAST 3,250.80 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 23,020.00 FEET, A CENTRAL ANGLE OF 01 °20'28", CHORD OF SAID ARC BEARS NORTH 89034'40" EAST 538.80 FEET) A DISTANCE OF 538.81 FEET; THENCE NORTH 45041'26" EAST 71.30 FEET; THENCE SOUTH 89°28'34" EAST 30.00 FEET; THENCE SOUTH 89°32'45" EAST 30.00 FEET; THENCE SOUTH 44022'45" EAST 70.50 FEET; THENCE SOUTH 89°32'45" EAST 2,352.70 FEET; THENCE SOUTH 75058' 15" EAST 105.70 FEET; THENCE SOUTH 89°45'45" EAST 1,445.14 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE SOUTH 02008'27" WEST 77.30 FEET TO A POINT ON THE SOUTH LINE OF SECTION 3; THENCE ALONG THE SAID SOUTH LINE NORTH 89051'33" WEST 10.23 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 3 AND 10; THENCE SOUTH 00'14'09" WEST 72.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING COURSES; THENCE NORTH 89045'51" WEST 1,135.41 FEET; THENCE SOUTH 83006'39" WEST 201.60 FEET; THENCE NORTH 89045'51" WEST 149.90 FEET; THENCE NORTH 89032'51" WEST 2,404.00 FEET; THENCE SOUTH 45°32'09" WEST 70.80 FEET; THENCE NORTH 89032'51" WEST 30.00 FEET; THENCE NORTH 89°28'34" WEST 30.00 FEET; THENCE NORTH 44023'34" WEST 70.20 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 22,820.00 FEET, A CENTRAL ANGLE OF 01020' 18", CHORD OF SAID ARC BEARS SOUTH 89034'41" WEST 533.00 FEET) A DISTANCE OF 533.01 FEET; THENCE SOUTH 88°54'26" WEST 3,251.00 FEET; THENCE SOUTH 84050'41" WEST 282.30 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 11,580.00 FEET, A CENTRAL ANGLE OF 01 003' 50", CHORD OF SAID ARC BEARS SOUTH 89026'26" WEST 215.00 FEET) A DISTANCE OF 215.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 11,580.00 FEET, A CENTRAL ANGLE OF 01031'12", CHORD OF SAID ARC BEARS NORTH 89016'04" WEST 307.20 FEET) A DISTANCE OF 307.21 FEET; THENCE NORTH 80054'34" WEST 140.40 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5,780.00 FEET, A CENTRAL ANGLE OF 05015'24", CHORD OF SAID ARC BEARS NORTH 88019'47" WEST 530.11 FEET) A DISTANCE OF 530.29 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 34,377.37 FEET, A CENTRAL ANGLE OF 00001'30", CHORD OF SAID ARC BEARS NORTH 85050'09" WEST 14.97 FEET) A DISTANCE OF 14.97 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5,603.23 FEET, A �._ -� IIII illllll IIIIII III IIIII �lil IIII IIIIIIIIIIIIIIIIIIIIII Coup , Ca 3642347 08/1312009 09.30A Weld lY 4 of 4 R 21.00 ID 0.00 Steve Moreno Clerk Recnrder CENTRAL ANGLE OF 00027'45", CHORD OF SAID ARC BEARS NORTH 85037'44" WEST 45.24 FEET) A DISTANCE OF 45.24 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5,602.95 FEET, A CENTRAL ANGLE OF 03026'18", CHORD OF SAID ARC BEARS NORTH 8304W44" WEST 336.19 FEET) A DISTANCE OF 336.24 FEET; THENCE ALONG THE ARC, OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 6,95993 FEET, A CENTRAL ANGLE OF 00028'30", CHORD OF SAID ARC BEARS NORTH 81043'21" WEST 57.70 FEET) A DISTANCE OF 57.70 FEET; THENCE NORTH 8103 P35" WEST 484.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5,630.00 FEET, A CENTRAL ANGLE OF 08°54'28", CHORD OF SAID ARC BEARS NORTH 87051' 14" WEST 874.41 FEET) A DISTANCE OF 875.29 FEET; THENCE SOUTH 87041'33" WEST 857.57 FEET; THENCE SOUTH 870 39' 58" WEST 2,666.15 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE NORTH 01 ° 20' 35" WEST 139.71 FEET TO THE SOUTHWEST CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 96.805 ACRES MORE OR LESS. 3/31/2008 11:34 AM [sjl] S:1F'imtcn6AnnexationlFhvlight Park lmddoc 4 Town stone P. 0, F3 o x 100 FireSWI)E, C-080520 I IIIIII III!! IIIIII Iill llll llllll! IlIIII III IIIII IIII IIII ' 3642349 08I1312009 09:30A Wald County, CO 1 of 3 � 16.00 ID 0.00 Steve Moreno Clerk i� f3erorder 349 li - ORDINANCE NO. s0 7- AN EMERGENCY ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE FIRELIGHT PARK ANNEXATION NO. TWO TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Firelight Park Annexation No. Two, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on March 27, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published February 26 and March 4, 11, 18 and 25, 2008 in the Longmont Daily Times -Call and February 27 and March 5, 12, and 19, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Firelight Park Annexation No. Two, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provide_ d for in the annexation agreement. Section 3. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate the Firelight Park annexation to the Town as requested pursuant to the petitions for annexation filed with the Town, and that this ordinance shall take effect upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourth of the entire Board of Trustees, and further provided that the items described in Section 31-12-113(2)(a)(II)(A) shall not be filed of record with the Weld County Clerk and Recorder, it being the intent and understanding of the Board of Trustees and the property owner that the annexation will become legally effective only upon such filing of record, prior to satisfaction or owner's written waiver of the condition that final, non -appealable approval has occurred for, in each case in a form and substance mutually agreed to by the Board of Trustees and the property owner, (i) the annexation 1111114111111111111111111111111111111111111111111111111111 IN 3642349 08/13/2009 09:30A Weld County, Co 2 of 3 R 16.00 13 0.00 Steve Moreno Clerk & Recorder agreement; (ii) a public improvements reimbursement agreement; and (iii) a development/vesting agreement. INTRODUCED, DEAD, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this A7 _ day of -M 49C14 , 2008. ATTEST: TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor F) 42349 08/13/20(19 09:30A Weld Co 3 of 3 R 16.00 ID 0.00 Steve MorenoClerk& Recorder i EXHIBIT A FIRELIGHT PARK ANNEXATION NUMBER TWO LEGAL DESCRIPTION ALL THAT PORTION OF LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6' PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SECTION 5 WHENCE THE SOUTHWEST CORNER OF SECTION 5 BEARS SOUTH 01°05'44" WEST 2,631.81 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE --QUARTER OF SECTION 5 SOUTH 89-08'43" EAST 60.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF FAIRVIEW STREET AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE SOUTH 89'08'43" EAST 1195.28 FEET TO THE NORTHEAST CORNER OF SAID LOT B; THENCE LEAVING SAID NORTH LINE ALONG THE EAST LINE OF LOT B SOUTH 01°05'44" WEST 647.99 FEET; THENCE NORTH 89'08'36" WEST 677.38 FEET; THENCE -SOUTH 01°05'44" WEST 647.98 FEET TO THE NORTHEAST CORNER OF LOT A OF RECORDED EXEMPTION NO. 1313-05-3-RE2794; THENCE NORTH 88'54'16" WEST 517.89 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF FAIRVIEW STREET; 'THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 01°05'44" EAST 1,293.77 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 25.471 ACRES MORE OR LESS. 3l3112008 11:35 AM [sj1j S:1Firmtone\Annexation\Firc4ht Park 2.ord.doc 3 Please Return To: Town of Firestone P.O. Box 100 Firestone, CO 80520 351 I Illlll !!ll! IIII!! Ilf l Illl !Illlll Illlll 111 IlIII 1111 I!!1 ` 3642351 08/13/2009 09:30A Weld County, CO 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. 6 7 V AN EMERGENCY ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE FIRELIGHT PARK ANNEXATION NO. THREE TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Firelight Park Annexation No. Three, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -I 10, the Board of Trustees on March 27, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published February 26 and March 4, 11, 18 and 25, 2008 in the Longmont Daily Times -Call and February 27 and March 5, 12, and 19, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Firelight Park Annexation No. Three, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. Section 3. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate the Firelight Park annexation to the Town as requested pursuant to the petitions for annexation filed with the Town, and that this ordinance shall take effect upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourth of the entire Board of Trustees, and further provided that the items described in Section 31-12-113(2)(a)(II)(A) shall not be filed of record with the Weld County Clerk and Recorder, it being the intent and understanding of the Board of Trustees and the property owner that the annexation will become legally effective only upon such filing of record, prior to satisfaction or owner's written waiver of the condition that final, non -appealable approval has occurred for, in each case in a form and substance mutually agreed to by the Board of Trustees and the property owner, (i) the annexation �I IIIIII �IIII IIIIII IIII Ilil Illllil Illlil III IIIII 1111 fill 3642351 08/1312009 09:30A Weld County, CO 2 of 3 R 16.00 O 0.00 Steve Moreno Clerk & Recorder agreement; (ii) a public improvements reimbursement agreement; and (iii) a development/vesting agreement. INTRODUCED,EADADO PTED, OPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of M )gP- 44 , 2008. ATTEST: 3/31/2008 11:36 AM (sjl] S.1FirestoneWnnezetionlF relight Park 3.ord.doc TOWN OF FIRESTONE, COLORADO M chael P. Simone, Mayor 0 •o° p� �"��oaooe0e'��tJ �ro� 2 ,_I IIILII Sllil IIIIII IIIIIIII IIIIIII IIIIIIIII IIIII IIII-IIII '3642351 08/13/2009 09:30A Weld County, CO 3 of 3 R 16.00 13 0.00 Steve Moreno Clerk & Recorder EXHIBIT A FIRELIGHT PARK ANNEXATION NUMBER THREE LEGAL DESCRIPTION ALL THAT PORTION OF LOT A OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE -QUARTER CORNER OF SECTION 5 BEARS SOUTH 88'54'04" EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44" EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT -OF -WAX LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 87'39'56" EAST 60.11 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF FAIRVIEW STREET AND THE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 01°05'44" EAST 1,294.60 FEET TO A POINT ON THE NORTH LINE OF SAID LOT A; THENCE ALONG SAID NORTH LINE SOUTH 88'54'16" EAST 517.89 FEET TO THE NORTHEAST CORNER OF LOT A; THENCE SOUTH 01°05'44" WEST 1,263.56 FEET TO THE SOUTHEAST CORNER OF LOT A AND A POINT ON THE NORTH RIGHT- OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87°39'56" WEST 518.82 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 15.207 ACRES MORE OR LESS. 3 Please Return To: Town of Firestone P.O. Box 100 Firestone, CO 80520 IIII IN 111111111111111111111111111111111 3642353 08/13/2009 09:30A Weld County, CO 1 of 3 R 16.00 13 0.00 Steve Moreno Clerk & Recorder 353 `� ORDINANCE NO. ( 7,S ' � I AN EMERGENCY ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE FIRELIGHT PARK ANNEXATION NO. FOUR TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Firelight Park Annexation No. Four, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on March 27, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published February 26 and March 4, 11, 18 and 25, 2008 in the Longmont Daily Times -Call and February 27 and March 5, 12, and 19, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Firelight Park Annexation No. Four, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. Section 3. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate the Firelight Park annexation to the Town as requested pursuant to the petitions for annexation filed with the Town, and that this ordinance shall take effect upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourth of the entire Board of Trustees, and further provided that the items described in Section 31-12- 113(2)(a)(II)(A) shall not be filed of record with the Weld County Clerk and Recorder, it being the intent and understanding of the Board of Trustees and the property owner that the annexation will 36 Ilil!! �IIIlIlIlII!!II !11!!! I11!!II! �1lI � 42353 08/13/2009 09:30A Weld County, Co 2 of 3 R 16.00 ID 0.00 Steve Moreno Clk & Recorder -- become legally effective only upon such filing of r ord, prior to satisfaction or owner's written waiver of the condition that final, non -appealable approval has occurred for, in each case in a form and substance mutually agreed to by the Board of Trustees and the property owner, (i) the annexation agreement; (ii) a public improvements reimbursement agreement; and (iii) a development/vesting agreement. INTRODUCED, READ, ADO TED, APPROVED AND ORDERED PUBLISHED IN FULL this � day of --MC- C-11 , 2008. TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor ATTEST: tCh Hegv66d, Town 1 `e!1� y C O f £ VJ►+� _ 3126/2008 6:24 PM [sjt] S:1FiresconelAnoexa[ion1Fvelight Park 4,ord.doc f 0000 4 Ir I I�Ilfi �IIII IIII�I I��I III III��II �III�� �II III�� IIII I�I� 3642353' 08I1312009 09:30A Weld County, CO $ ' of 3 R 16.00 13 0.00 Steve Moreno Clerk & Recorder EXHIBIT A FIRELIGHT PARK ANNEXATION NUMBER FOUR LEGAL DESCRIPTION ALL THAT PORTION OF LOTS A AND B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6T'i PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE WEST ONE -QUARTER CORNER OF SECTION 5 BEARS NORTH 01'05'44" EAST 2,631.81 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01°05'44" EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119, THE SOUTHWEST CORNER OF SAID LOT A AND THE POINT OF BEGINNING; THENCE ALONG SAID WEST LINE NORTH 01'05'44" EAST 2,591.71 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 5 AND THE NORTHWEST CORNER OF SAID LOT B; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5 SOUTH 89'08'43" EAST 60.00; THENCE LEAVING SAID NORTH LINE SOUTH 01`05'44" WEST 2,588.37 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE SOUTH 87`39'56" WEST 60.11 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 3.568 ACRES MORE OR LESS. 3 03 Please Refum TO: Town of flrosibf'50 P.O. Box I C-) Firestone, GO &DS':-20 069 ,, IIIIIIIII IIIIII Illill IIlIIIIII IIIIII III .� 1111 IN 3729069 1110112010 11:49 EnCa36.00__D_0.60_SevMorenoClerk &_.Recorder ORDINANCE NO. �v AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE FIRELIGHT PARK ANNEXATION NOS. ONE THROUGH FOUR, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY. WHEREAS, petitions for annexation of certain property, annexed to the Town as the Firelight Park Annexation Nos. One through Four, were filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property known as the Firelight Park Annexation Nos. One through Four was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with residential and commercial land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Firelight Park Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and outline development plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice- of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Firelight Park Annexation Nos. One through Four, the legal description of which is set forth in Exhibit A attached hereto and made apart hereof, is hereby zoned Planned Unit Development, Residential-C (PUD R-C) and Regional 1 I liill4 iilii Illill illiil Ilil� ilia liliil 111 iilli Ilil liil � 3729069 11101/2010 11:49A Weld County, CO �2 of fi R 36.00 D 0,00 Rue Moreno Clerk &Recorders Commercial (PUD R-C) land uses, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Firelight Park Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 3. The Board of Trustees hereby approves the Outline Development Plan for the Firelight Park, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRWUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thiQT day of-1ri�Q,LC1-, , 2008. TOW ATTEST 312612008 6:25 PM[sjl3 S:1Firestone\AnnexationlFirelight Park zoning ODP.ord (draft).doc 2 TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor 11111111111111111111111111111111 i 1111111111111111111111 3729069 11/01/2010 11:49A Weld County, CO 3 of 6 R 36.00 p 0.00 .Steve Moreno. Clerk_& Recorder EXHIBIT A FIRELIGHT PARK ODP LEGAL DESCRIPTION ALL THAT PORTION OF LOT A AND LOT B OF RECORDED EXEMPTION NO. 1313-05-3-RE2794 AND STATE HIGHWAY 119 RIGHT-OF-WAY SITUATED IN SECTIONS 3,4,5,8,9 AND 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 5 WHENCE THE SOUTH ONE -QUARTER CORNER OF SECTION 5 BEARS SOUTH 88054'04" EAST 2,667.45 FEET; THENCE ALONG THE WEST LINE OF SECTION 5 NORTH 01005'44" EAST 40.10 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE CONTINUING ALONG SAID WEST LINE NORTH 01005'44" EAST 2,591.71 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 5; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5 SOUTH 89008'43" EAST 1,255.28 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 01005'44" WEST 2,521.75 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY LINE THE FOLLOWING COURSES; THENCE NORTH 87039'56" EAST 1309.28 FEET; THENCE NORTH 69056'56" EAST 57.77 FEET; THENCE NORTH 0°43'55" EAST 11.49 FEET; THENCE SOUTH 89016'05" EAST 80.01 FEET; THENCE SOUTH 70123'20" EAST 65.87 FEET; THENCE NORTH 87034'40" EAST 359.60 FEET; THENCE NORTH 85010'40" EAST 190.60 FEET; THENCE NORTH 83036'40" EAST 194.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5,830.00 FEET, A CENTRAL ANGLE OF 09047'31", CHORD OF SAID ARC BEARS SOUTH 87032'07" EAST 995.13 FEET) A DISTANCE OF 996.34 FEET; THENCE NORTH 88035'23" EAST 333.17 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 11,310.00 FEET, A CENTRAL ANGLE OF 05026'270, CHORD OF SAID ARC BEARS SOUTH 85023'49" EAST 1073.61 FEET) A DISTANCE OF 1074.01 FEET; THENCE NORTH 68129'11" EAST 111.20 FEET; THENCE SOUTH 68028'19" EAST 210.70 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 11,340.00 FEET, A CENTRAL ANGLE OF 01035'02", CHORD OF SAID ARC BEARS NORTH 89041'56" EAST 313.50 FEET) A DISTANCE OF 313.51 FEET; THENCE SOUTH 87001'49" EAST 282.30 FEET; THENCE NORTH 88054'26" EAST 3,250.80 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 23,020.00 FEET, A CENTRAL ANGLE OF 01020'28", CHORD OF SAID ARC BEARS NORTH 89034'40" EAST 538.80 FEET) A DISTANCE OF 538.81 FEET; THENCE NORTH 45041'26" EAST 71.30 FEET; THENCE SOUTH 89028'34" EAST 30.00 FEET; THENCE SOUTH 89032'45" EAST 30.00 FEET; THENCE SOUTH 44022'45" EAST 70.50 FEET; THENCE SOUTH 89032'45" EAST 2,352.70 FEET; THENCE SOUTH 75058'15" EAST 105.70 FEET; THENCE SOUTH 89045'45" EAST 1,445.14 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE SOUTH 02008'27" WEST 77.30 FEET TO A POINT ON THE SOUTH LINE OF SECTION 3; THENCE ALONG THE SAID SOUTH LINE NORTH 89051'33" WEST 10.23 FEET TO THE SOUTH ONE -SIXTEENTH CORNER OF SECTION 3 AND 10; THENCE SOUTH 00014'09" WEST 72.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING COURSES; THENCE NORTH 89045'51" WEST 1,135.41 FEET; THENCE SOUTH 83006'39" WEST 201.60 FEET; THENCE NORTH 89°45'51" WEST 149.90 FEET; THENCE NORTH 89032'51" WEST 2,404.00 FEET; THENCE SOUTH 45032'09" WEST 70.80 FEET; THENCE NORTH 89032'51" WEST 30.00 FEET; THENCE NORTH 89028'34" WEST 30.00 FEET; THENCE NORTH 44023'34" WEST 70.20 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 22,820.00 FEET, A CENTRAL ANGLE OF 01020'18", CHORD OF SAID ARC BEARS SOUTH 89034'41" WEST 533.00 FEET) A DISTANCE OF 533.01 FEET; THENCE SOUTH 88054'26" WEST 3,251.00 FEET; THENCE SOUTH 84050'41" WEST 282.30 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 11,580.00 FEET, A CENTRAL ANGLE OF 01003'50", CHORD OF SAID ARC BEARS SOUTH 89026'26" WEST 215.00 FEET) A DISTANCE OF 215.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID 3 3729069 11/01/2010 11:49A Weld County,co 4 of 6 R 36.00 Q 0.00 Steve Moreno.Clerk & Recorder _.- CURVE HAVING A RADIUS OF 11,580.00 FEET, A CENTRAL ANGLE OF 01031'12", CHORD OF SAID ARC BEARS NORTH 89016'04" WEST 307.20 FEET) A DISTANCE OF 307.21 FEET; THENCE NORTH 80054134" WEST 140.40 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5,780.00 FEET, A CENTRAL ANGLE OF 05015'24", CHORD OF SAID ARC BEARS NORTH 88019'47" WEST 530.11 FEET) A DISTANCE OF 530.29 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 34,377.37 FEET, A CENTRAL ANGLE OF 00001'30", CHORD OF SAID ARC BEARS NORTH 85050'09" WEST 14.97 FEET) A DISTANCE OF 14.97 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5,603.23 FEET, A CENTRAL ANGLE OF 00027'45", CHORD OF SAID ARC BEARS NORTH 85037'44" WEST 45.24 FEET) A DISTANCE OF 45.24 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 5,602.95 FEET, A CENTRAL ANGLE OF 03026'18", CHORD OF SAID ARC BEARS NORTH 83040'44" WEST 336.19 FEET) A DISTANCE OF 336.24 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 6,959.93 FEET, A CENTRAL ANGLE OF 00028'30", CHORD OF SAID ARC BEARS NORTH 81043'21" WEST 57.70 FEET) A DISTANCE OF 57.70 FEET; THENCE NORTH 81031'35" WEST 484.26 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5,630.0 FEET, A CENTRAL ANGLE OF 08054'28", CHORD OF SAID ARC BEARS NORTH 87051'14" WEST 874.41 FEET) A DISTANCE OF 875.29 FEET; THENCE SOUTH 87041'33" WEST 857.57 FEET; THENCE SOUTH 870 39' 58" WEST 2,666.15 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY LINE NORTH 010 20' 35" WEST 139.71 FEET TO THE SOUTHWEST CORNER OF SECTION 5 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 141.05 ACRES MORE OR LESS. 0 3729069 11/01/2010 11:49A Weld County, CO _5__of__ fi_R 36.00_0_Q.QO_Steve_Moreno_Clerk_&_Recorder EXHIBIT B Firelight Park Annexation Conditions of Approval Annexation and Initial Zoning/ODP General 1. Modify application pursuant to comments from the Town Engineer and Town Attorney. 2. Modify text font size to be consistent with the size specified in the Firestone Development Regulations. 3. Correct "Wled" to "Weld" in the Title Block and fix other typos. 4. Slightly darken the contours so they are more legible. Sheet 1 5. Prepare a Vicinity Map consistent with the Firestone Development Regulations requirements. G. Use consistent punctuation in the Project Concept section. 7. In the Project Concept section, paragraph A., replace the words "we anticipate" with the words "it is anticipated". 8. In the Project Concept section, expand paragraph C. to clarify what existing and planned uses are occurring to the north, east, south and west of the property. 9. Revise paragraph E in the Project Concept block to read as follows: All lighting facilities will be designed to minimize of light drift outside the PUD in an effort to help preserve the night sky. 10. Revise the last sentence of the Environmental Information block to identify the distance from the Spring Gulch improvements to the property. 11. Delete the last sentence of the Utilities section. 12. Revise the first sentence of the Service Requirements blocks to read as follows: Water service for the PUD will be provided by the Town of Firestone. 13. In the Land Use and Zoning section, use the land use categories that are specified in the Firestone Development Regulations. Identify the northern use area as the Residential-B land use category and identify the southern use area as a mixed -use combination of Regional Commercial and Residential-C land use categories. IIlIIIIIIIIllllllllllllllllllllllllllllffllllllllllllll 3729069 11/01/2010 11:49A Weld County, 00 _ fi of 6 R_36.00_0_0..00_Steve_Moreno_Clerk_&_Recorder' 14. Provide additional detail regarding the Commercial Mixed Use land use category and provide specific minimum standards for the amount of commercial development in this area, including a standard that requires a minimum Regional Commercial land area of 60 percent of the southern land use parcel. 15. Include a period at the end of the last sentence in the Density block. 16. Delete duplicate "property is" from third sentence in Park Development. Include a period at the end of the last sentence in the Park Development block. 17. Include a zoning designation for right-of-way included in the ODP. Sheets 3 - 7 18. Identify the zoning of the Sherrelwood, Inc. property north of the subject property. 19. Show how the "Existing 50' Gas Easement BK. 1541, PG 620, Rec # 2484964" impacts the property. It is currently shown stopping at the edge of the subject property. In addition, all easements listed on Schedule B-2 of the Title Commitment must be shown on the ODP map sheets and labeled with owner, use and reception number. 20. Identify the existing buildings, structures and oil and gas facilities on the subject property and note whether they are to remain or be removed or relocated. 21. Include sub -area plans in accordance with the direction of the Town Planner. 22. Consider reducing the scale of the maps so it could be on one sheet, provided the scale is no less than approximately 1"=2001 . 23. Remove the word proposed from the Land Use categories and identify the specific Land Use category within the identified planning area. 24. Revise ODP sheets to include the Highway 119 right-of-way under a PUD R-C zoning land use category, with an additional use restriction limiting uses to public right-of-way uses. 2 Plea.5e Retum TO . °fo►nrn of Firestone P.O. Box 10 Firestone, CO 80520 ri 15n11 ■■J.. ,,,.., _.__ 3553420 05112/2008 03:12P Weld County, CO 1 of 5 R 26.00 g 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO, b i AN EMERGENCY ORDINANCE DISCONNECTING FROM THE TOWN OF FIRESTONE, COLORADO, A CERTAIN PARCEL CONSISTING OF WELD COUNTY ROAD 7 RIGHT-OF-WAY LOCATED WITHIN THE ST. VRAIN STATE PARK WHEREAS, On March 26, 2008, there was filed with the Town pursuant to C.R.S. §31-12- 501, an application to disconnect certain real property from the corporate boundaries of the Town of Firestone, Colorado; and WHEREAS, the property subject to the application to disconnect consists of approximately 1.768 acres of Weld County Road 7 right-of-way located within the St. Vrain State Park and described more particularly in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. §31-12-501, the Board of Trustees has given due consideration to the application; and WHEREAS, the Board of Trustees finds and determines that the best interests of the Town and its citizens will not be prejudiced by the disconnection of such property from the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 31-12-501, that certain real property described in Exhibit A, attached hereto and incorporated herein by this reference, is hereby disconnected from the Town of Firestone, Colorado, and is excluded from the corporate boundaries of the Town. Section 2. The disconnected property shall remain liable for taxes as provided in C.R.S. § 31-12-502 and shall be subject to any exercise by the Town of its rights under C.R.S. § 31-12- 503. Section 3. The Town Clerk shall file two certified copies of this ordinance in the office of the Weld County Clerk and Recorder, and shall take such other actions as are necessary under C.R.S. § 31-12-501 to effect the disconnection of the property. Section 4. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate disconnection of that portion of Weld County Road 7 located within the St. Vrain State Park as requested in the petition for disconnection filed, and that this ordinance shall take effect upon adoption, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. INTRODUCED, READ, AD PTED, APPROVED, AND ORDERED PUBLISHED IN FULL this_ day of 2008. 64 PLEASE RETURN TO; Town of Firestone Box 1001151 Grant Ave. Firestone, Colorado 80520 i IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII4 3553420 05/12/2008 03:12F Weld County, Co 2 of 5 R 26.00 C 0.00 Steve Moreno Clerk & Recorder TOWN OF FIRESTONE;�COLORADO -' ichael P. Simone, Mayor J PLEASE RETURN TO: Town of Firestone Box 1001151 Grant Ave. Firestone, Colorado 80520 �llllllll�lillll�l��lllll��lllll�l��lllll�tl 15534 0 0 03:12P Weld Count+j, 10 E 3553420 0511212008 3 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Re (mder i EXHIBIT A Legal Description PLEASE RETURN TO: Town of Firestone Box 1001151 Grant Ave. Firestone, Colorado 80520 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII 1111111111111111 3553420 05/12/2008 03:12P Weld CGunty, CO 4 of. 5 R 26.00 D 0.00 Steve Moreno Clerk & Rem„der WELD COUNTY ROAD 7 DE -ANNEXATION LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE -QUARTER CORNER OF SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHWEST ONE -QUARTER. OF SECTION 3 NORTH 00-26'53" EAST 2567.39 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; WHENCE THE NORTHWEST CORNER OF SECTION 3 BEARS NORTH 00026'53" EAST 30.00 FEET; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°33'30" EAST 30.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 00026'53" WEST 2566.99 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 3; THENCE ALONG SAID SOUTH LINE SOUTH 89041'06"WEST 30.00 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 1.768 ACRES MORE OR LESS. PLEASE RETURN TO: Town of Firestone Box 1001151 Grant Ave. Firestone, Colorado 80520 Illlillllllllllllllllilllllllllllllllllllllllllllllllll 3553420 05/12/2008 03:12P Weld County, CC 5 of 5 R 26.00 C 0.00 Steve Moreno Clerk & Rerwder WELD COUNTY ROAD 7 DE -ANNEXATION ti NW COR. SEC. 3 RECORD DESCRIPTION: t 430, ALUM. ROD W/CDOT 3-1/4� ALUM. CAP MKD. PLS 19482 1997' S89'33'30"E 30.00' --------- -�- --------- - -- r -------------------- WCR2G -- ---- - ----------- ------------ - p f30, �--3�,---L- S. LINE WCR 26 30' 30' S. LINE WCR 26 N00'26'53"E 30.00)'—/ 11 i ADAM FARM PROPERTY m N N W YI to BASIS OF BEARING a THE WEST LINE OF THE NW w OF SEC 3 BEARS 1\100'26'53"E. TAKEN FROM THE ST. VRAIN z STATE PARK ANNEXATION NO. 2 REC. NO. 3451257. W POINT OF BEGINNING W1 4 COR. SEC. 3 RECO D DESCRIPTION: #6 REBAR W/2-1/1 ALUM, CAP MKD. LS 28273 1996' N. LINE SE 1/4, SEC 4 30' -30' Qn rn (6 N N7 N O 0 V) 60' WELD COUNTY ROAD 7 W. LINE NW 1/4, SEC, 3 DEPARTMENT OF NATURAL RESOURCES DATE: MARCH 25, 2008 LEGEND: PROPOSED ANNEXATION BOUNDARY • • EXISTING LOT --------------------- EXISTING RIGHT -OF --WAY SECTION LINE SECTION CORNER S. LINE NW 1/4, SEC 3 30'30' —S89'41'06"W 30.00� 2of2 PLEASE RETURN TO: Town of Firestone Box 10011`51 Grant Ave. Firestone, Colorado 80820 11 CERTIFICATE OF AUTHENTICITY STATE OF COLORADO ) TOWN OF FIRESTONE ) COUNTY OF WELD ) SS: I, Judy L. Hegwood, Town Clerk, in and for said Town of Firestone, in the County of Weld, in the State aforesaid, do hereby certify that the attached is a true and correct copy of Ordinance No. 677, adopted by the Firestone Town Board of Trustees of the Town of Firestone, on the 27th day of March 2008. In witness whereof, I have hereunto set my hand and the seal of the Town of Firestone, this 12th day of May 2008 2006. TOWN '`�► �� � G F P f! TOIL s f� s c SEAL L. He ood own Clerk Firestone A Community In Motion Town Of Firestone Office of the Town Clerk Post Office Box 100 151 Grant Avenue Firestone, Colorado 80520 Phone: (303) 833-3291 Fax: (303) 833-4863 e-mail: jhegwood@ci.firestone.co.us DATE: May 12, 2008 TO: Weld County Clerk & Recorder FROM: Judy Hegwood, Town Clerk u� RE: DOLA Filing of Ordinance No. 677 Dear Weld County Clerk ,& Recorder: Please file the second copy of Ordinance No. 677 with the Division of Local Government by mailing to Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203, Thank you. r 0 n 111111111111111111111111111111111111111111111111111111111 3746255 01/21/2011 03:28P Weld County, CO 1 of 2 R 16.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. k �_� AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE UNION ANNEXATION NO. 1 TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Union Annexation No. 1, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on May 8, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published April 1, 8, 15, and 22, 2008 in the Lonjunont Daily Times -Call and April 2, 9,16, and 23, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Union Annexation No. 1, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of 2008. .ems.._ 6'i't0 E to*� % $44 r t ; 0, s �s sp 0. Tom' ATTEST: Ott14•c��J4�GO� 1 TOWN OF FIRESTONE, COLORADO C41i Chad Auer, Ma of ��illll4llll 3746255 01/21/2011 03:28P Weld County, CD 2 of 2 R 16.00 D 0.00 Steve Moreno Clerk & Recordet EXHIBIT A UNION ANNEXATION NO. 1 LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTIONS 3, 4, 5, TOWNSHIP 2 NORTH, RANGE 68 WEST AND SECTIONS 32, 33, 34, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE -QUARTER CORNER OF SECTION 3 WHENCE THE NORTHWEST CORNER OF SECTION 3 BEARS NORTH 00024'09" EAST 2597.39 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG SAID LINE NORTH 00°24'09" EAST 2567.39 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89030'23" WEST 5289.52 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID ' EAST LINE SOUTH 01 °05'27" WEST 2583.53 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 5; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE - QUARTER OF SECTION 5 NORTH 89°08'40" 2649.34 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 112; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00043'36" EAST 1316.94 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1) THENCE NORTH 71 °35'57" EAST 1732.54 FEET; 2) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1478.11 FEET, A CENTRAL ANGLE OF 44°53'32", CHORD OF SAID ARC BEARS NORTH 49°09'11" EAST 1128.73 FEET) A DISTANCE OF 1158.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING THREE COURSES; 1) THENCE NORTH 89'31'00" EAST 184.14 FEET; 2) THENCE NORTH 89030'23" EAST 5289.31 FEET; 3) THENCE SOUTH 89'36'14" EAST 30.24 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 00°24'09" WEST 2626.99 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE - QUARTER OF SECTION 3; THENCE ALONG SAID SOUTH LINE SOUTH 89'38'22" WEST 30.00 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 3 AND THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINS 121.95 ACRES MORE OR LESS. 2 Please Retum ro: Town of Firestone P.O. Box 100 Firestone, CO 80520 Ilillllliliilllllllllllliiliili , 257 3746257 01121/2011 03:28P Weld County, CO J 1 of 3 R 21.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. I AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE UNION ANNEXATION NO.2 TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Union Annexation No. 2, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on May 8, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published April 1, 8, 15, and 22, 2008 in the Longmont Daily Times -Call and April 2, 9,16, and 23, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto andincorporatedherein by this reference, and known as the Union Annexation No. 2, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of MHY , 2008. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor EXHIBIT A 1 IIIIII IIIII IIIIII IIIII IIIII IIIII Illlil III IIIII IIII III 3746257 01/21/2011 03:28F Weld County, CO 2 of 3 R 21.00 D 0.00 Steve Moreno Clerk & Recorder UNION ANNEXATION NO.2 LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST AND THE SOUTH HALF OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89031'00" EAST 2696.54 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 00010'27" EAST 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26 AND THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°31'00" EAST 2512.14 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1478.11 FEET, A CENTRAL ANGLE OF 02°38'49", CHORD OF SAID ARC BEARS SOUTH 28'01'50" WEST 68.28 FEET) A DISTANCE OF 68.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89031'00" WEST 93.11 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS 1398.11 FEET, A CENTRAL ANGLE OF 40`20'46", CHORD OF SAID ARC BEARS SOUTH 51°25'34" WEST 964.30 FEET) A DISTANCE OF 984.51 FEET; 2) THENCE SOUTH 71°35'57" WEST 1704.79 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 1/z; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00043'36" WEST 1401.61 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°08'40" EAST 1792.17 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 00043' 11" WEST 2401.23 FEET TO A POINT ON THE NOTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING SIX COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5830.00 FEET, A CENTRAL ANGLE OF 09044'11", CHORD OF SAID ARC BEARS NORTH 87°33'46" WEST 989.52 FEET) A DISTANCE OF 990.71 FEET; 2) THENCE SOUTH 83'36'40" WEST 194.00 FEET; 3) THENCE SOUTH 85°10'40" WEST 190.60 FEET; 4) THENCE SOUTH 87034'40" WEST 359.60 FEET; 5) THENCE NORTH 70°23'20" WEST 65.87 FEET; 6) THENCE NORTH 89'16'05" WEST 80.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 %z; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00043'55" EAST 2416.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°04'01" EAST 20.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 %2; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00043'36" EAST 1380.68 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE 2 3746257 0112112011 03:28P Weld County, CO 3 of 3 R 21.00 0 0.00 Steve Moreno Clerk & Recorder OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES; 1) THENCE SOUTH 71 °34'28" WEST 514.79 FEET; 2) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2904.00 FEET, A CENTRAL ANGLE OF 08'20'09", CHORD OF SAID ARC BEARS SOUTH 67024'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; 3) THENCE SOUTH 63014'52" WEST 1843.45 FEET; 4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1310.00 FEET, A CENTRAL ANGLE OF 05019'20", CHORD OF SAID ARC BEARS SOUTH 65°54'32" WEST 121.64 FEET) A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01 °04'47" EAST 831.73 FEET; THENCE LEAVING SAID WEST LINE NORTH 68057'51" EAST 1252.56 FEET; THENCE NORTH 27'20'44" EAST 1190.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89'41'22" WEST 711.50 FEET; THENCE NORTH 36031'56" EAST 37.49 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89041'22" EAST 15.43 FEET; THENCE NORTH 49°51'56" EAST 46.84 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°41'22" EAST 1586.69 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE -QUARTER CORNER OF SECTION 5 BEARS NORTH 45012'29" EAST 42.82 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00043'36" WEST 103.92 FEET; THENCE SOUTH 52023'30" WEST 141.94 FEET; THENCE SOUTH 71°27'35" WEST 93.45 FEET; THENCE SOUTH 79006'16" WEST 173.06 FEET; THENCE NORTH 88°41'43" WEST 134.80 FEET; THENCE NORTH 63°35'24" WEST 111.77 FEET; THENCE NORTH 38'40'00" WEST 57.32 FEET; THENCE NORTH 06°35'40" WEST 42.71 FEET; THENCE NORTH 16004'00" EAST 114.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89041'22" EAST 616.32 FEET TO THE POINT OF BEGINNING. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 211.182 ACRES MORE OR LESS. THE GROSS AREA OF THE ABOVE DESCRIBED EXCEPTION IS 3.113 ACRES MORE OR LESS. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 208.069 ACRES MORE OR LESS. Please Return To: Town of Firestcn P.O. Box 100 „Firestone, CO 80520 I -- I' IIIIIIIIIIIIIIII II IIIII IIIII IIIlII 11111 III 11111 IN IN �. �. 6p � 374626Q fl112112011 fl3:28P Weld County, CO ` / 1 of & R 3fi.00 f) Q.QO Steue Morena Clerk &Recorder ORDINANCE NO. �U AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE UNION ANNEXATION NOS. 1 AND 2 AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY. WHEREAS, petitions for annexation of certain property, annexed to the Town as the Union Annexation Nos. 1 and 2, were filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petitions, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property known as the Union Annexation Nos. 1 and 2 was annexed to the Town by ordinance, and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification with residential and commercial land uses and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification requested is consistent with the Town's plan for the area encompassed by the Union Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and outline development plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23- 305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Union Annexation Nos. 1 and 2, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Residential -A (PUD R-A), Residential-B (PUD R-B), 1 3746260 01/21/2011 03:28P Weld County, CO t 2 of 6 R 36.00 D 0.00 Steve Moreno Clerk & Recorder Residential-C (PUD R-C), and Regional Commercial (PUD-RC) land uses, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Union Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file. with the Town, and the Town zoning map shall be amended accordingly. Section 3. The Board of Trustees hereby approves the Outline Development Plan for the Union Annexation, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Xt day of M A y , 2008. TO M4,1P L SEA ia� ¢�� o aq. f' oa oa ATTEST':- 1 miry He od, Town Cl 51WO08 4:07 PM[mea] S.Wireslone\Anne atioMUnion zoning 06P.ord (ftft).doc 2 TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor IIIIIII IIIIIlIIIII Ills! illllllllil IIII! Ili IIIII III! III! 3746260 0112112011 03:28P Weld County; 00 3 of 6 R 36.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A UNION ODP LEGAL DESCRIPTION UNION ANNEXATION NO. 1- LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTIONS 3, 4, 5, TOWNSHIP 2 NORTH, RANGE 68 WEST AND SECTIONS 32, 33, 34, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST ONE -QUARTER CORNER OF SECTION 3 WHENCE THE NORTHWEST CORNER OF SECTION 3 BEARS NORTH 00°24'09" EAST 2597.39 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG SAID LINE NORTH 00"24'09" EAST 2567.39 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89'30'23" WEST 5289.52 FEET TO A POINT ON THE EAST LINE' OF THE NORTHEAST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE SOUTH 01'05'27" WEST 2583.53 FEET TO THE EAST ONE -QUARTER CORNER OF SECTION 5; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST ONE - QUARTER OF SECTION 5 NORTH 89°08'40" 2649.34 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 1/2; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00'43'36" EAST 1316.94 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1) THENCE NORTH 71'35'57" EAST 1732.54 FEET; 2) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1478.11 FEET, A CENTRAL ANGLE OF 44°53'32", CHORD OF SAID ARC BEARS NORTH 49.0911" EAST 1128.73 FEET) A DISTANCE OF 1158.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING THREE COURSES; 1) THENCE NORTH 89°31'00" EAST 184.14 FEET; 2) THENCE NORTH 89'30'23" EAST 5289.31 FEET; 3) THENCE SOUTH 89'36' 14" EAST 30.24 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 00'24'09" WEST 2626.99 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE - QUARTER OF SECTION 3; THENCE ALONG SAID SOUTH LINE SOUTH 89°38'22" WEST 30.00 FEET TO THE WEST ONE -QUARTER CORNER OF SECTION 3 AND THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 121.95 ACRES MORE OR LESS. UNION ANNEXATION NO.2 - LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST AND THE SOUTH HALF OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 3 1111111111111111111111111111111111111111111111111111111 3746260 01/21/2011 03:28P Weld Counti, CO 4 of 6 R 36.00 D 0.00 Steve Moreno Clerk & Recorder COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89"31'00" EAST 2696.54 FEET, SAID LINE FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION; THENCE NORTH 00°10'27" EAST 30.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26 AND THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°31'00" EAST 2512.14 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1478.11 FEET, A CENTRAL ANGLE OF 02°38'49", CHORD OF SAID ARC BEARS SOUTH 28'01'50" WEST 68.28 FEET) A DISTANCE OF 68.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89°31'00" WEST 93.11 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TWO COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS 1398.11 FEET, A CENTRAL ANGLE OF 40'20'46", CHORD OF SAID ARC BEARS SOUTH 51 °25'34" WEST 964.30 FEET) A DISTANCE OF 984.51 FEET; 2) THENCE SOUTH 71"35'57" WEST 1704.79 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 I/z; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 00°43'36" WEST 1401.61 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89'08'40" EAST 1792.17 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 00'43' 11" WEST 2401.23 FEET TO A POINT ON THE NOTH RIGHT OF WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING SIX COURSES; 1) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5830.00 FEET, A CENTRAL ANGLE OF 09°44'11", CHORD OF SAID ARC BEARS NORTH 87°33'46" WEST 989.52 FEET) A DISTANCE OF 990.71 FEET; 2) THENCE SOUTH 83°36'40" WEST 194.00 FEET; 3) THENCE SOUTH 85°10'40" WEST 190.60 FEET; 4) THENCE SOUTH 87°34'40" WEST 359.60 FEET; 5) THENCE NORTH 70°23'20" WEST 65.87 FEET; 6) THENCE NORTH 89°16'05" WEST 80.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 '/z; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00043'55" EAST 2416.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89004'01" EAST 20.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 3 'h; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 00°43'36" EAST 1380.68 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR COURSES; 1) THENCE SOUTH 71°34'28" WEST 514.79 FEET; 2) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2904.00 FEET, A CENTRAL ANGLE OF 08'20'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; 3) THENCE SOUTH 63'14'52" WEST 1843.45 FEET; 4) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1310.00 FEET, A 4 Or 3746260 01/21/2011 03:28P Weld Count',, CO 5 of 6 R 36.00 D 0.00 Steve Moreno Clerk & Recorder CENTRAL ANGLE OF 05°19'20", CHORD OF SAID ARC BEARS SOUTH 65°54'32" WEST 121.64 FEET) A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01 °04'47" EAST 831.73 FEET; THENCE LEAVING SAID WEST LINE NORTH 68'57'51" EAST 1252.56 FEET; THENCE NORTH 27`20'44" EAST 1190.29 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 89'41'22" WEST 711.50 FEET; THENCE NORTH 36'31'56" EAST 37.49 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89'41'22" EAST 15.43 FEET; THENCE NORTH 49°51'56" EAST 46.84 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 89°41'22" EAST 1586.69 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF THE NORTHWEST ONE -QUARTER OF SECTION 5 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF- WAY LINE OF WELD COUNTY ROAD 26 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE -QUARTER CORNER OF SECTION 5 BEARS NORTH 45' 12'29" EAST 42.82 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00'43'36" WEST 103.92 FEET; THENCE SOUTH 52°23'30" WEST 141.94 FEET; THENCE SOUTH 71 °27'35" WEST 93.45 FEET; THENCE SOUTH 79'06'16" WEST 173.06 FEET; THENCE NORTH 88'41'43" WEST 134.80 FEET; THENCE NORTH 63°35'24" WEST 111.77 FEET; THENCE NORTH 38°40'00" WEST 57.32 FEET; THENCE NORTH 06'35'40" WEST 42.71 FEET; THENCE NORTH 16'04'00" EAST 114.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89'41'22" EAST 616.32 FEET TO THE POINT OF BEGINNING. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 211.182 ACRES MORE OR LESS. THE GROSS AREA OF THE ABOVE DESCRIBED EXCEPTION IS 3.113 ACRES MORE OR LESS. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 208.069 ACRES MORE OR LESS. 5 3746260 01/21/201 County, 1 03.28P Weid Coer�tyCo , 6 of 6 R 36.00 - D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Union Annexation Conditions of Approval Annexation and Initial Zoning/ODP General Provide an updated Title Commitment prior to recording and dated to within 30 days of the recording date. 2. Modify plans pursuant to comments from the Town Engineer and Town Attorney. 3. The applicant needs to petition for inclusion into the Frederick -Firestone Fire Protection District. Annexation Nos. 1 and 2 4. All easements described in the Title Commitment should be shown on the annexation maps with the appropriate reception numbers. 5. Modify annexation maps pursuant to Town Engineer redlines to show additional information required by Town Development Regulations. ODP 6. On the Vicinity Map, change the name of the red line from "Firestone Planning Area" to "Firestone Urban Growth Boundary" and remove the eastern north/south line to clarify the Growth Boundary does not end at I-25 as shown. 7. Provide a copy of the agreement between the oil and gas operator and the Owner/Developer noted in the ODP text for Town staff review. S. Provide a copy of the agreement between the Oligarchy Ditch company and the Owner/Developer noted in the text for Town staff review. 9. On Sheet 4, provide legal descriptions for the road rights -of -way on WCR 3.5, 7, and 26. 10. On Sheet 6, remove the name of the arterial street, as the Town Board can address this item at the time of preliminary or final plat. 11. Eliminate Sheets 7 and 9, as they show more detail than an ODP should cover. 12. On Sheet 10, the ODP should only show potential accesses/intersections. R Please Return To Town of Firestone P.O. Box 100 Firestone, CO 80520 llllll lllfl llllll lfll lllll lllllll 11111111111111111111111 IN 3577148 09/0912008 11:28A Weld County, Ca 1 of 2 R 11.00 C 0.00 Steve Moreno Clerk & Recorder � 8 I` ORDINANCE NO.. 6 B AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. ONE TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. One, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; an WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the LgMMont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. One, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODVCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this aZ a k day of ` MCW, , 2008. TOWN OF FIRESTONE, COLORADO _('1_9- Chad Auer, Mayor ATTEST: �`AEa7'co" fVF {/L " �•. lOW t4 °aa y He od, Town Cl i EXHIBIT A 0 �3 S� s I IIIIII IIIII IIIIII IIII II Ilillllllllllllllllllllllllllll 3577148 09/0912008 11:28A Weld Coanty, CO 2 of 2 R 11.00 0 0,00 Steve Moreno Clerk & Recorder MOUNTAIN VISTAS ANNEXATION NUMBER ONE LEGAL DESCRIPTION A part of the Northeast Quarter of Section 4, Township 2 North, Range 67 West of the 6th Principal Meridian; and the Southeast Quarter of Section 33, Township 3 North, Range 67 West of the 6th Principal Meridian; County of Weld, State of Colorado; and more particularly described as follows: Commencing at the North Quarter Corner of said Section 4; thence S 88057,521, E, 146.96 feet to the Point of Beginning; thence N 77128'06" W, 150.50 feet to a point on the East line of Homestead At Firestone Annexation No. 5; thence S 00002'13" W, along the East line of Homestead at Firestone Annexation No. 1, 60.00 feet; thence N 79°27'28" E, 149.48 feet to the Point Of Beginning. Containing 4,408 square feet or .101 acres, more or less. Please Retum To. Town of Firestone P.O. Box 100 Firestone, CO 80520 1111111111111111111111111illllllllllllllllllllllillllll i3577150 09/09/2008 11:28A Weld County, CO 1 of 2 R 11.00 O 0.00 Steve Moreno Clerk & Recorder 00 ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. TWO TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Two, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to 410, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Long1nont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Two, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED; READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this as" day of 2008. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: O LLB olu y He9food, Town C190 EXHIBIT A e -Tor�is IIII I I I I I! ��I I I I I I I i 11111 IN 11111111111111111111 IN 3577150 09/09/2008 11:28R Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder MOUNTAIN VISTAS ANNEXATION NUMBER TWO LEGAL DESCRIPTION A part of the Northeast Quarter of Section 4, Township 2 North, Range 67 West of the 6th Principal Meridian; and the Southeast Quarter of Section 33, Township 3 North, Range 67 West of the 6th Principal Meridian; County of Weld, State of Colorado; and more particularly described as follows: Commencing at the North Quarter Corner of said Section 4; thence S 88057'52" E, 146.96 feet to the Point of Beginning, said point also being the most Easterly point of Mountain Vistas At Firestone No. One; thence N 77128'06" W, along the Northerly line of Mountain Vistas At Firestone No. One, 150.50 feet to a point on the East line of Homestead At Firestone Annexation No. Five; thence S 86°40'25" E 750.45 feet; thence S 88°44'29" W 749.41 feet; thence N 79°27'28" E, along the Southerly boundary of Mountain Vistas No. One, 149.48 feet to the Point Of Beginning. Containing 18,070 square feet or .415 acres, more or less. Please Retum To. Town of Firestone P.O. Box 100 Firestone, CO 80520 Illlllllllllllllllllflllllillll��llllll 1111 I1 3577152 09/09/2008 11:28A Weld County, CO 1 of 2 R 11.00 a 0.00 Steve Moreno Cletk & Recorder A } ORDINANCE NO. 6 Y3 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. THREE TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Three, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -I10, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Lon ant Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Three, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the .conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of 2008. TOWN OF FIRESTONE, COLORADO 1 J Z4= Chad Auer, Mayor ATTEST: Q ` �,'ige•tOen606be �� y He ood, Town Cl �d o e° dpq CTT ��®•CCU IIIIIIIIIII IIIlII IIII Ill11111111111111111111111111 ills 3577152 09/09/2008 11:28A Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder - LXHIBf T A MOUNTAIN VISTAS ANNEXATION NUMBER THREE LEGAL DESCRIPTION A part of the Northeast Quarter of Section 4, and the Northwest Quarter of Section 3, Township 2 North, Range 67 West of the 6th Principal Meridian; and the Southeast Quarter of Section 33, and Southwest Quarter of Section 34, Township 3 North, Range 67 West of the 6th Principal Meridian; County of Weld, State of Colorado; and more particularly described as follows: Commencing at the North One Quarter Corner of said Section 4; thence N 00002'13" E 30.00 feet to the Point of Beginning; thence S 86°40'25" E, along the Northerly boundary of Mountain Vistas Annexation No. Two, 750.45 feet; thence S 88°44'29" W, along the Southerly line of Mountain Vistas Annexation No. Two, 749.41 feet to a point on the Southerly right of way line of WCR 26; thence S 88°57'52" E, along said Southerly right of way line, 2636.98 feet; thence N 00000'00" W 60.00 feet to a point on the Northerly right of way line of WCR 26; thence N 88°57'52" W, along said Northerly right of way line, 2636.94 feet to the Point Of Beginning. Containing 135,713 square feet or 3.116 acres, more or less. MY Please Refu n TO Town e))f ` restone P.O. Box 100 Firestone, CO 50520 liiilllllliillllliliilillllllilllllliilllllllilllll liil 3577154 09/09/2008 11:28A Weld County, C0 1 54 ' 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder - ORDINANCE NO. 1p T AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. FOUR TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Four, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Longmont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Four, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this A-;�day of ` M0-4 .2008. TOWN OF FIRESTONE, COLORADO (_�4j Chad Auer, Mayor ATTEST: _-_- l{ 11�1111 lllllll� llll 1�11 ', �lllllllllllllllllllll�lll� 3 l 577i54 0 9109,12008 11:28A Weld County, CD 2 of 2 f3 11.44 � 0.4fl Steve Moreno Clerk & Recorder i EXHIBIT A MOUNTAIN VISTAS ANNEXATION NUMBER FOUR LEGAL DESCRIPTION A part of the Northeast Quarter of Section 4, and Northwest Quarter of Section 3, Township 2 North, Range 67 West of the 6th Principal Meridian; and more particularly described as follows: Commencing at the Northeast corner of said Section 4; thence S 00000'00" E 176.89 feet to the Point of Beginning; thence N 11'30'07" W 150.45 feet; thence S 88"57152" E 60.01 feet; thence S 11 °35'06" W 149.39 feet to the Point of Beginning. Containing 4,407 square feet or 0.101 acres, more or less. Pleaic -Return To: Town of Firestone P.O. Box 100 Firestone, CO 50520 3577156 09/09/2008 11:28A Weld County, CO 1 1 of 2 R 11.00 ID 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. & 9 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. FIVE TO THE TOWN OF FIRESTONE, COLORADO, WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Five, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Longmont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Five, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this '� day of `�Yl 2008. TOWN OF FIRESTONE, COLORADO ,/-:;,z J Z= Chad Auer, Mayor ATTEST: an [� p {�•� �ncoen�o° O G y He ood, Town 4 °� s j �� _ ' I llll �lllll llll �llll�l tll I,ll� ll�l ll�l l ll�jllllllllllll 28A weld coUnry, Co 3577i56 09f0912008 11.• 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A MOUNTAIN VISTAS ANNEXATION NUMBER FIVE LEGAL DESCRIPTION A part of the Northeast Quarter of Section 4, and Northwest Quarter of Section 3, Township 2 North, Range 67 West of the 6th Principal Meridian; and more particularly described as follows: Commencing at the Northeast corner of said Section 4; thence S 00"00'00" E 176.89 feet to the Point of Beginning; thence N 11030'07" W 150.45 feet; thence S 02"17131" E 750.14 feet; thence N 02017'43" E 749.06 feet; thence S 11'35'06" W 149.39 feet to the Point of Beginning. Containing 18,063 square feet or 0.415 acres, more or less. �b Please Return To - " Town of Firestone P.O. Box 100 Firestone, CO 80520 _ � f IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3577158 09/09/2008 11:28A Weld County, CO 5S 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder J - ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. SIX TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Six, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Lon=ont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Six, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODWCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of e?,� 12008. TOWN OF FIRESTON , COLORADO Chad Auer, Mayor ►:rrr9136 c .(:z—� � He l �.� n�°� u ood, Town k r e a u �I IIIIII II -11111111111111111111111 _-�-, III IIIIII IIII 111111 IN 3577158 09/09/2008 11:28A Weld County, CO j { 2 of 2 R 11.00 C 0.00 Steve Moreno Clerk & Recorder 1 EXHIBIT A MOUNTAIN VISTAS ANNEXATION NUMBER SIX LEGAL DESCRIPTION A part of the East One Half of Section 4, and the West One Half of Section 3, Township 2 North, Range 67 West of the 6th Principal Meridian; and more particularly described as follows: Commencing at the Northeast corner of said Section 4; thence S 00000'00" E 779.00 feet to the Point of Beginning; thence N 02°17'43" E 749.06 feet; thence S 0012833" W 3648.21 feet; thence N 00027'59" W 3 649.2 8 feet; thence S 02'1T31" E 750.14 feet to the Point of Beginning. Containing 86,989 square feet or 1.997 acres, more or less. Please P,,?turri rj: Town of P.O. Box i G. Firestone, CO 80,r),,,0 f 11111111111111111 IN 111111 IN 11111111111111111111111 3577160 09/09/2008 11:28A Weld County, CO 160 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder i ORDINANCE NO. to 97 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. SEVEN TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Seven, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Longmont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Seven, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTROD_7CE.D, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this o�oZ" day of m 2008. TOWN OF FIRESTONE, COLORADO tl �/' J/ /" L Chad Auer, Mayor ATTEST: l II#III IIIII IIIII# I##I III#III#11 I#II##I III 11111111111 II IN 3577160 09/09/2008 11:28A Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A MOUNTAIN VISTAS ANNEXATION NUMBER SEVEN LEGAL DESCRIPTION A part of the East One Half of Section 4, and the West One Half of Section 3, and the Northeast Quarter of Section 9, and the Northwest Quarter of Section 10, Township 2 North, Range 67 West of the 6th Principal Meridian; and more particularly described as follows: Commencing at the Northeast corner of said Section 4; thence S 00000'00" E 30.00 feet; thence S 88"57'52" E 30.00 feet to the Point of Beginning, and a point on the East right of way line of WCR 19; thence S 00°00'00" E, along said East right of way line, 2767.34 feet; thence S 00°00'33" W, along said East right of way line, 2657.33 feet to a point on the South right of way line of WCR 24; thence N 89°09'39" W, along said South right of way line, 60.01 feet to a point on the West right of way line of WCR 19; thence N 00°00'33" E, along said West right of way line 2656.46 feet; thence N 00°00'00" W, along said West right of way line, 2768.43 feet to a point on the Westerly line of Mountain Vistas Annexation No. Six; thence S 00°27'59" E, along said Westerly line, 3649.28 feet to a point on the Easterly line of Mountain Vistas Annexation No. Six; thence N 00°28'33" E, along said Easterly line, 3648.21 feet to the Point of Beginning. Containing 216,044 square feet or 4.959 acres, more or less. Town o Please e �� TO: P.O. Box 100 Firestone, CO 80520 IIIIII IIIII IIIII! IIlI IIIIII I!!f f IIIlII III IlIII 1111 IN 3577162 09/09/2008 11:28A Weld County, Co 1 of 2 R 11.00 b 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. � R AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. EIGHT TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Eight and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Longmont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section.1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Eight, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this P?o2" day of M 2008. TOWN OF FIRESTONE, COLORADO 1/'V/ J /.z — Chad Auer, M y r ATTEST: �`coaow1ceen°ps� u He ood, Town Cl �` o° %e of i J 0+ �+ L� • � d vA G'� o�U®��?' IN 4III44411411 I444414114144114 41I 3577162 09/09/2008 11:28A Weld County, CO 9 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder 1*140411-131 1 MOUNTAIN VISTAS ANNEXATION NUMBER EIGHT LEGAL DESCRIPTION Lot B, Corrected Recorded Exemption No. 1311-04-1 RE-4020, County of Weld, State of Colorado; And being a part of the Northeast Quarter of Section 4, Township 2 North, Range 67 West of the 6th Principal Meridian; and more particularly described as follows: Commencing at the Northeast corner of said Section 4; thence N 88°57'52" W 89.56 feet; thence S 01 °02'08" W 30.00 feet to the Point Of Beginning; thence N 88057'52" W 732.40 feet; thence S 00057'12"W 167.40 feet; thence N 89009'13"W 220.40 feet; thence S 00000'00" E 1599.03 feet; thence S 89°30'37" E 1015.57 feet; thence N 00°00'00" W 1657.58 feet; thence N 88°54'03" W 60.07 feet; thence N 00'01' 17" W 99.85 feet to the Point Of Beginning. Containing 1,746,510 square feet or 40.094 acres, more or less. Please rsl'unr 3 L'ItIf Town of FkjT,3t.0IM3 P.O. Box I Firestone, CO 80520 Illllf IIIII IIIIII IIlI IIIIII I!I!I IIIlII III I!I!I IIlI Illf 3577164 09/09/2008 11:28A Weld County, CO i 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder 164 ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. NINE TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Nine and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Longmont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Nine, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTROD3JCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 20 day of 2008. ATTEST: . � 1 I ,� ' 0 1 .� TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor .4 4t­ T O!V Z\q& °w° 14 O 0904 s • `a • L y s 'Ililllllllllllllllllllllllllllllllllllllllll � �Illlilllil 3577164 09/09/2008 11:28A Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A MOUNTAIN VISTAS ANNEXATION NUMBER NINE LEGAL DESCRIPTION A part of the Southeast One Quarter of Section 4, and the Northeast One Quarter of Section 9, Township 2 North, Range 67 West of the 6th Principal Meridian; and more particularly described as follows: Commencing at the Southeast corner of said Section 4; thence N 89°09'39" W 176.95 feet to the Point of Beginning; thence N 79°16'01" E 149.55 feet to a point on the West boundary line of Mountain Vistas Annexation No. Eight; thence S 00°00'33" W, along said West boundary line, 60.01 feet; thence N 77°39'18" W 150.40 feet to the Point of Beginning. Containing 4,408 square feet or 0.101 acres, more or less. P%ase piamurn To Town of�n� P.O. Box 100 Firestone, CO 80520 IIIIIIIIIII IIIIII IIIIIIIIIIIIIII IIIIIIIli lllllllll IIII 3577166 09/09/2008 11:28A Weld County, CO 1 of 2 R 11.00 O 0.00 Steve Moreno Clerk & Recorder 166 ORDINANCE NO. i AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. TEN TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Ten and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Lonanont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Ten, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this � day of `mil 2008. TOWN OF FIRESTONE, COLORADO Chad Auer, Ma or ATTEST: Wzo�� 'r e Sa e He od Town Cl 1a' a Ile a�°�kh _- 60_' 57 Illllllllllll IIIII IIII IIIIII IIIII 111114 III IIIII Ills IIII 3577166 09109/2008 11:28A Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A MOUNTAIN VISTAS ANNEXATION NUMBER TEN LEGAL DESCRIPTION A part of the Southeast One Quarter of Section 4, and the Northeast One Quarter of Section 9, Township 2 North, Range 67 West of the 6th Principal Meridian; and more particularly described as follows: Commencing at the Southeast corner of said Section 4; thence N 89°09'39" W 176.95 feet to the Point of Beginning, and a point on the Northerly boundary line of Mountain Vistas Annexation No. Nine; thence N 79°16'01" E, along said Northerly boundary line, 149.55; thence S 8892'41" W 749.35 feet; thence S 86°52'09" E 750.22 feet to a point on the Southerly boundary line of Mountain Vistas Annexation No. Nine; thence N 77°39'18" W, along said Southerly boundary line, 150.40 feet to the Point of Beginning. Containing 18,067 square feet or 0.415 acres, more or less. Pease Return D Town of Fireslu. P.Q. Box 100 Firestone, CO 80520 Ili f I�IIII �I��I IIIII� III II��II I'll �IIIII II� ��I�I II�� �I�1 { 3577168 09/09/2008 11:28A Weld County, CC 1� 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder ` p 1 ORDINANCE NO. I / AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NO. ELEVEN TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Vistas Annexation No. Eleven and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on April 24, 2008 held a duty -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published March 25 and April 1, 8, and 15, 2008 in the Lonj nont Daily Times -Call and March 26 and April 2, 9, and 16, 2008 in the Farmer and Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Mountain Vistas Annexation No. Eleven, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODJJCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this,;2,2 h day of 2008. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: b' S� c�en�r'pgoQ��� Al u He ood, Town Cle A4�e IOV�cs a fr � Op �'•67 Yt 44� COUNrin-49,� �� ~ __�. illllllllllllllllillliilllllil a IIIIIII Illilllllll Illlill 3577168 o9I09I2008 11:28A Weld County, C 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A MOUNTAIN VISTAS ANNEXATION NUMBER ELEVEN LEGAL DESCRIPTION A part of the South One Half of Section 4, and the North One Half of Section 9, Township 2 North, Range 67 West of the 6th Principal Meridian; and more particularly described as follows: Commencing at the Southeast corner of said Section 4; thence N 89009'39" W 779.19 feet to the Point of Beginning, and a point on the Southerly boundary line of Mountain Vistas Annexation No. Ten; thence S 86°52'09" E along said Southerly boundary line, 750.22 feet to a point on the South right of way line of WCR 24; thence N 89°09'39" W, along said South right of way line, 2909.62 feet to a point on the East line of Homestead at Firestone Annexation No. Four; thence N 00050'21" E along said East line 60.00 feet to a point on the North right of way of WCR 24; thence S 89°09'39" E along said North right of way line 2908.75 feet to a point on the Northerly boundary line of Mountain Vistas Annexation No. Ten; thence S 88°32'41" W, along said Northerly boundary line, 749.35 feet to the Point of Beginning. Containing 152,075 square feet or 3.491 acres, more or less. 4/21/2008 3:44 FM [mee] S:\FirmtoncVwnexatiot\MountainVistac.ord.doc Please Refer To: Town of Firestam P.O. Box 100 Firestone, CO 50520 IIIIII IIIII IIIIII IIII IIIIII IIIII IIIIII III IIIII 1111 IN "I'll' 19/0112108 11:28A Weld County, CO 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder 1 ORDINANCE NO. AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE MOUNTAIN VISTAS ANNEXATION NOS. ONE THROUGH ELEVEN, AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY. WHEREAS, petitions for annexation of certain property, annexed to the Town as the Mountain Vistas Annexation Nos. One through Eleven, were filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petitions, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the Mountain Vistas Annexation Nos. One through Eleven was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property -has requested a Planned Unit Development zoning classification for the property, with mixed uses including a combination of Planned Unit Development Residential -A (PUD R-A), Residential-B (PUD R-B), Residential-C (PUD R-C) and Neighborhood Commercial (PUD-NC) uses, as set forth in the outline development plan for the property; and WHEREAS, the Planned Unit Development zoning classification, with PUD R-A, R-B, R-C and NC uses, is consistent with the Town's plan for the area -encompassed by the Mountain Vista Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and outline development plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 11111111111111111 IN 11111111111111111111111111111 IN 3577171 09/09/2008 11:28A Weld County, CO 2 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder Section 1. That certain property.known as the Mountain Vistas Annexation Nos. One through Eleven, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, with Residential -A (PUD R-A), Residential- B (PUD R-B), Residential-C (PUD R-C) and Neighborhood Commercial (PUD-NC) uses, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Mountain Vistas Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on. file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Outline Development Plan for Mountain Vistas, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRO UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this7lay of , 2008. TOWN OF FIRESTONE, COLOR -ADO . C Chad Auer, Nfayor ATTEST: � �YL.crrtnoao�° AA dy HQwood, Town erk + 4 0 / °n 4/21/2008 3:40 YM[sjl] S:1FirestonelAnn"ionNountainVistaszoning.ord f� �� • o C.) i �. °• ° ♦I Q #+� 4,k® cCU40 d 2 1111 IN l llllll 11411 llllll4lll llll4l ll 3577171 09/0912008 11:28A Weld County, GO 3 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Mountain Vistas Legal Description 3 lIII IIIIII Illll IIIIII II! IIlII III! IN IIIIIIIIIIIIIIIIII 3577171 09/0912008 11:28A Weld County, Co 4 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit A Mountain Vistas Legal Description for Purposes of Annexation to City of Firestone, Colorado A part of Sections 3, 4, 9, and 10, Township 2 North, Range 67 West, and Sections 33 and 34, Township 3 North Range 67 West, 6'h Principal Meridian, County of Weld, State of Colorado; and more particularly described as follow: Beginning at the North '/4 comer of said Section 4; thence N 00'02' 13" E a distance of 30.00 feet; thence S 880 57'52" E a distance of 2636.94 feet; thence S 00°00'00" E a distance of 2827.34 feet; thence S 00°00'33" W a distance of 2657.33 feet; thence N 89°09'39" W a distance of 2969.62 feet; thence N 00°5021" E a distance of 60.00 feet; thence S 89°09'39" E a distance of 2908.75 feet; thence N 00°00'33" E a distance of 2596.46 feet; thence N 00°00'00" W a distance of 1010.92 feet; thence N 89°30'37" W a distance of 1015.57 feet; thence N 00°00'00" W a distance of 1599.03 feet; thence S 89°09' 13" E a distance of 220.40 feet; thence N 00°57' 12" E a distance of 167.40 feet; thence N 88°57'52" W a distance of 1784.48 feet; thence N 00°02' 13" E a distance of 30.00 feet to the Point of Beginning; Said described tract contains 2,410,661 square feet or 55.341 acres more or less. Less and except the following described tract; A part of the NE'/4 of Section 4, Township 2 North, Range 67 West, 61h Principal Meridian, County of Weld State of Colorado; and being more particularly described as follows: Commencing at the Northeast corner of said Section 4; thence N 88°57'52" W a distance of 89.56 feet; thence S 01 °02'08" W 30.00 feet to the Point of Beginning; thence N 88°57'52" W a distance of 60.10 feet; thence S 00'01' 17" E a distance of 99.85 feet; thence S 88°54'03" E 60.07 feet; thence N 00°00'00" W a distance of 99.92 feet to the Point of Beginning. Said described tract contains 6,000 square feet or 0.138 acres more or less. Annexed tract contains 2, 404, 661 square feet or 55.203 acres more or less. I liilll illii Illlli lii� illill lilli illiil 111 3577171 09I0912008 11:28A Weld County, CD 5 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Mountain Vistas Conditions of Approval Initial Zoning and ODP General 1. Modify application pursuant to comments from the Town Engineer. 2. Petition for inclusion of the property with the St. Vrain Sanitation District, Carbon Valley Recreation District and the Frederick -Firestone Fire Protection District; exclude from the Platteville-Gilcrest Fire District. Revise all references in the ODP to water and sewer connection requirements to accurately reflect the requirements in the annexation agreement. Additional Conditions 4. Revise ODP to state building height shall be as specified in the Firestone Development Regulations, as may from time to time be amended. .I CA Please Return Tb: Town of Firestone P.O. Box 100 Firestone, CO 80520 ORDINANCE NO. b IJ AN ORDINANCE AMENDING SECTION 2.56.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING MEMBERSHIP OF THE FIRESTONE PLANNING AND ZONING COMMISSION WHEREAS, pursuant to applicable state law, the Town has previously created a Planning and Zoning Commission; and WHEREAS, pursuant to C.R.S. § 31-23-203(4), and notwithstanding the provisions of C.R.S. §§ 31-23-203(1) and (3), the Board of Trustees may provide by ordinance for the size, membership, designation of alternate membership, terms of members, removal of members, and filling of vacancies of the Planning and Zoning Commission; and WHEREAS, the Board of Trustees by this ordinance desires to revise the membership of the Planning and Zoning Commission so that the Mayor no longer serves as a member of the Planning and Zoning Commission and so that seven residents of the Town serve as members. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.56.020 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are sue): 256.020 Members. The town planning and zoning commission shall consist of seven members as follows: The mayor-, who shall be an ex effleie fnember- of the eenunissien, and six pefsewho shall be appointed by the mayor; and the appointment of whom shall be confirmed by a majority of the board of trustees. The mayef's mayer-'s effleial tenwe. The term of each appointed member shall be six years or until his or her successor takes office, except that initial appointments shall provide for staggered terms so that at least two vacancies occur every two years. Members may be removed, after public hearings, by the mayor for inefficiency, neglect of duty or malfeasance in office. The mayor, , shall file a written statement of reasons for such removal. Vacancies in appointed membership occurring otherwise than through the expiration of term shall be filled for the remainder of the unexpired term by the mayor. The respective terms of the members first appointed shall be fixed and designated by the board of trustees at the time of appointment; provided, however, that the member serving in the appointed seat created in 2004 shall serve an initial term ending at the same time as another member, as determined by the board of trustees. 1 Section 2. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTROCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this , ' 4 day of qu&t-- , 2008. ATTEST: y Heg od Town Clerk 619108 5:59 PM[mac]S:DfficelFimdom\OrdinmmiP3anningCammissionMembership F) TOWN OF FIRESTONE, COLORADO r-1j z L Chad Auer Mayor ORDINANCE NO. 6 9 q AN ORDINANCE AMENDING CHAPTER 5.08 OF THE FIRESTONE MUNICIPAL CODE TO AUTHORIZE THE SECRETARY OF THE LOCAL LICENSING AUTHORITY TO APPROVE LIQUOR LICENSE APPLICATIONS FOR RENEWAL. WHEREAS, Section 5.08.020 of the Firestone Municipal Code requires the local licensing authority to hold a hearing on a liquor license application for renewal; and WHEREAS, Section 12-47-302, C.R.S. authorizes but does not require that a hearing be held on an application for renewal; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to authorize the secretary of the local licensing authority to approve administratively an application for renewal except where there may be good cause for denial of such application for failure to comply with special terms or conditions previously placed on the license, in which case a hearing shall be held on the requested renewal. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.020 of the Firestone Municipal Code is hereby adopted to read as follows (words to be deleted are sigh): 5.08.020 Hearings. The provisions of this chapter shall be applicable to hearings on applications for the issuance of a liquor license or a fermented malt beverage license, or for the renewalr transfer of ownership of an existing license, and a hearing shall be held on each such application. The provisions of this chapter shall also apply to hearings for the suspension or revocation of a license. Section 2. Chapter 5.08 of the Firestone Municipal Code is amended by the addition of a new Section 5.08.120 to read as follows: 5.08120 Administrative action on applications for renewal. The secretary of the local licensing authority is authorized on behalf of the authority to approve an application for liquor license renewal except where, upon reasonable investigation or evidence, the secretary believes there may exist good cause for denial of such application pursuant to Section 12-47-103(9)(b), C.R.S., in which case the secretary shall refer such application to the local licensing authority, and a hearing thereon shall be held in accordance with Section 5.08.020. Section 3. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. The repeal or modification of any provision of any prior ordinance by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. .,$� ODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �� day of 4tw 2008. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor Attest: y He ood jeoeeeeea ♦F a °ee roW4 Town Clerk r ms pe: 0.. Sr n 6192008 10:53 AM[mac]S:1Fireslooe\Ordioaa Uquor Lieaim Hearing (06-08).doc a \�� , cc I I�IIII I�I�� lIIIII I��I�I IIII II� III�I��� I11 IIIII ���� ill 359679E 12/29/2008 10:14A Weld County, CO �= 1 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR A PORTION OF THE OAK MEADOWS P.U.D. WHEREAS, Valley View Estates, Inc., as owner and applicant, has applied for an outline development plan amendment and rezoning for approximately 4.474 acres of land more particularly described on Exhibit A attached hereto, which land lies within and is a portion of the Oak Meadows P.U.D. and is hereinafter referred to as the "Property"; and WHEREAS, the' application requests a rezoning of the Property from a Planned Unit Development, High Density Residential (PUD R-C) zone district designation to a Planned Unit Development, Neighborhood Center (PUD NC) zone district designation; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application on June 4, 2008, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record; and WHEREAS, all materials related to the proposed rezoning and ODP amendment have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed, public hearing held on June 26, 2008; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment is consistent with the Town's plan for the area, that the applicant has demonstrated that the proposed rezoning and ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations, and that the application should be approved subjectto certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. section 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado does hereby approve the proposed rezoning and outline development plan amendment for the Property, a portion of the Oak Meadows P.U.D., as legally described on Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by IIIII tlllll ills III III Illil III Illli IIII IIII tlllttllllll l � 3596798 12/29/2008 10:14A Weld County, Co 2 of 5 R 26.00 Q 0.00 Steve Moreno Clerk & Recorder reference, and the Town Board does hereby rezone the Property as legally described on Exhibit A from. Planned Unit Development, High Density Residential (PUD R-C) to a Planned Unit Development, Neighborhood Center (PUD NC), subject to such conditions set forth in Exhibit B. The Town zoning map shall be amended accordingly. INTROPUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this IZ day of A- - , 2008. Chad Auer Mayor ATTEST: �. DIRESTRed f • � y Havood ' own Clerk O i . A T /AN �e� •�y • �/� oa •e rY VA O� ••NqO.• ,,, �. 6I262008 4:49 PM[sjl]F:1Fmstnne10rd1OakMea&wsODPw=d2998TB.ord 2 IIIIII IIIII II III 111111 III 111111111111111111111111111 3696798 12/2912008 10:14A Weld County, CO 3 of 5 R 26.00 0 0.00 Steve Moreno Cleric & Recorder EXHIBIT A Rezoning/ODP Amendment 4.474-Acre Portion of Oak Meadows P.U.D. - Legal Description That portion of the Southwest One Quarter of Section 6, Township 2 North, Range 67 West of the 6 h Principal Meridian, Town of Firestone, County of Weld, State of Colorado, more particularly described as follows: The Basis of Bearings is the west line of the Southwest One Quarter of Section 6, Township 2 North, Range 67 West of the 6t' Principal Meridian, as monumented with an aluminum cap with marking PLS 28656 at the south end, and an illegible aluminum cap at the north end, and is assumed to bear N 00°22'35" E. BEGINNING at the southeast corner of Tract "T", Oak Meadows P.U.D. Filing 1, recorded at Reception No. 2689867, from whence the southwest corner of said Section 6 bears S 38011'48" W a distance of 715.93 feet, more or less; Thence, N 00022'35" E, along the easterly line of said Tract "T", a distance of 204.85 feet; Thence, N 89003'23" E, departing said easterly line of said Tract "T", a distance of 264.36 feet to a point of curvature; Thence, along a curve to the left a distance of 148.74 feet, said curve having a radius of 492.38 feet, a delta angle of 17018'28", and a chord distance of 148.17 feet, which bears N 80024'09" E to apoint of reverse curvature; Thence, along a curve to the right a distance of 90.71 feet, said curve having a radius of 942.66 feet, a delta angle of 5030'48", and a chord distance of 90.67 feet, which bears N 74030' 19" E, to a point on the westerly right-of-way line of Oak Meadows Boulevard, as shown on said Oak Meadows P.U.D. Filing 1, said point also being a point of non -tangent reverse curvature; Thence, along a curve to the left, along said westerly right-of-way line, a distance of 135.50 feet, said curve having a radius of 327.00 feet, a delta angle of 23044'33", and a chord distance of 134.54 feet, which bears S 30002'56" E; Thence, S 41 °55' 13" E, continuing along said westerly right-of-way line, a distance of 265.00 feet to a point of curvature; Thence, along a curve to the right a distance of 17.49 feet, said curve having a radius of 323.00 feet, a delta angle of 3006'09", and a chord distance of 17.49 feet, which bears S 40022'08" E to a point of non -tangency; Thence; S 66010' 50" W, departing said westerly right-of-way line, a distance of 222.69 feet; 3 3596798 12/29/2008 10.14A Weld County, CO 4 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder Thence, N 90000'00" W, a distance of 123.19 feet; Thence, N 58024'57" W, a distance of 221.18 feet; Thence, N 79°50'25" W, a distance of 243.37 feet to the POINT OF BEGINNING. Said parcel containing 4.474 acres, more or less. 4 3596798 12/29/2008 10:14A Weld County, CO 5 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Rezoning/ODP Amendment Conditions of Approval R F , General 1. Throughout the text sections, reference "Neighborhood Center" rather than "Neighborhood Commercial." 2. Provide specific language that limits the permitted commercial uses to minor accessory uses to the primary office use. Sheet 1 3. Revise the legal description as necessary to correct discrepancies between application materials and title commitment. 4. Include all approval and signature blocks pursuant to the Development Regulations. 5. Provide a Vicinity Map as specified in the Firestone Development Regulations. 6. Provide additional detail regarding major and existing streets within and adjoining the ODP by specifying the general conditions such as right-of-way width, access control, and other pertinent facts. Also provide the location of major existing and planned pedestrian and non - motorized circulation systems if applicable. 7. Indicate the nature of the existing easement. 8. Identify the parcel as "Neighborhood Center". 9. Provide missing site information as specified in the Firestone Development Regulations including existing zoning of properties adjoining the ODP, buildings and structures, utilities, drainage, environmental, contours, etc. Sheets 2-3 10. In the Utilities and Service Requirements section, reference the Frederick -Firestone Fire Protection District. 11. Include a Grading Concept section, which provides a general description of the overlot grading concept for the development. 12. Include a Development Schedule, which provides a general indication of the expected schedule of development, including any proposed phasing. R Please Retul0j" TO: -Town of Firestone P.O. Boy, 100 Fireston% CO 80520 ORDINANCE NO. � 9 p AN ORDINANCE AMENDING SECTION 12.12.020 OF THE FIRESTONE MUNICIPAL CODE WHEREAS, Section 12.12.020 of the Firestone Municipal Code regulates the placement of banners and flags across and above town streets; and WHEREAS, since the adoption of said Section 12.12.020, the Town has adopted a sign code for the Town, the provisions of which are codified in Chapters 17.30 and 17.31 of the Firestone Municipal Code and in related provisions of the Firestone Development Regulations;. and . WHEREAS, the sign code prohibits any sign erected on or over any public right-of-way unless such sign is explicitly allowed by the code; and WHEREAS, the Board of Trustees desires to amend Section 12.12.020 of the Firestone Municipal Code to expressly set forth such prohibition; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 12.12.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfieken dff&ugh): 12.12.020 Permit required fo Placement of signs, flags and banners. A. It is unlawful for any person to place or cause to be placed on, over, across or above any street, 2ublic right-of-way or public property in the town any flag, banner or sign, including; but not limited to, real estate signs, special event si ngns,, garage yardand estate sale sins; and election/campaim signs, unless the same is explicitly allowed pursuant to Chapter 17.31 and, unless _ explicitly exempt, a revocable permit has been obtained pursuant to Chapter 17.30. Town employees may remove and destroy any prohibited sign in any public n t-of-way of the Town. This Section shall not apply to traffic control devices, signs erected by the Town, or other sigms erected by a governmental entity to protect the public health, safety and welfare. Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this d, day of 2008. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor Attest: dy Town Clerk �aEST�N� 8129I2008 9:08 AM[sjlj S:Tirestane\0 dinanw\Street Regulation - Signage (Final).ord e; , [' FAL i 2 Please Return To Town of Firestone P.O. Box 100 Firestone, CO 80520 "V t ORDINANCE NO. (p ? 7 AN ORDINANCE AMENDING SECTION 17.31.100.0 OF THE FIRESTONE MUNICIPAL CODE PROHIBITING SIGNS IN THE PUBLIC RIGHT-OF-WAY WHEREAS, the Board of Trustees has previously adopted a sign code for the Town, the provisions of which are codified in Chapters 17.30 and 17.31 of the Firestone Municipal Code and in related provisions of the Firestone Development Regulations; and WHEREAS, the Board of Trustees desires to amend Section 17.31.100 of the sign code to clarify which signs are prohibited in the public right-of-way; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 17.31.100.0 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 17.31.100 Prohibited Signs. The following types of signs are prohibited in all zoning districts. C. Any sign, ncluding, but not limited to, real estate signs; special event signs; garage, yard and estate sale signs; and election/campaign signs, erected on., of --over, across, or above any public right-of-way or public property, unless such sign is explicitly allowed by this Chapter 17.31sode and, unless explicitly exempt, a revocable permit has been obtained pursuant to Chapter 17.30. Town employees max remove and destroy any prohibited sign in any public right-of-way of the Town. This Section shall not apply to traffic control devices, signs erected by the Town, or other signs erected by a governrnental entity to protect the public health safety and welfare. Section 2. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Z544 day of S ea+fftlur- , 2008. Attest: . MyHeorood TOWN OF FIRESTONE, COLORADO Chad Auer Mayor 9/22/2008 10:58 AM[sjlj S:IFreslonelOrdinancc\SignCodeAmendTcmpSignsPmhjh (8-23-08).ord 0 IST�Ny r n^�QeoepOA 4'♦ rOW r SVI 818 s r �i���ojp��0�•00�� � 4 ORDINANCE NO. �O AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE FIRESTONE MUNICIPAL CODE BY THE ADDITION OF NEW SECTIONS REQUIRING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES WHEREAS, growth in residential land development and the construction of new residential dwellings in the Town of Firestone ("Town") necessitates the acquisition of additional school sites to accommodate the corresponding increase in school population; and WHEREAS, requiring land dedication or conveyance for public school sites or payments in lieu of land dedication or conveyance for public school sites (hereinafter referred to as "Fair Contributions for Public School Sites") will provide a portion of the land to accommodate such demand; and WHEREAS, to provide adequate public school sites to serve the Town residents of newly constructed residential dwelling units, it is appropriate that the St. Vrain Valley School District RE- IJ ("School District") and the Town cooperate in the area of acquisition of additional public school sites and/or the enlargement or the new construction of school facilities by the use of Fair Contributions for Public School Sites; and WHEREAS, it is a reasonable exercise of the power of local self-government to require Fair Contributions for Public School Sites as a method of ensuring that new residential construction and residential development bear a proportionate share of the cost of such acquisition, enlargement and/or construction of additional public school sites necessary to accommodate the education service capacity demands of the residents who will be living in the new dwelling units; and WHEREAS, the Board of Trustees and the School District agree that it is in the best interest of the citizens of the Town to mutually enter into a cooperative agreement to adequately provide for Fair Contributions for Public School Sites; and WHEREAS, the Town and the School District entered into an Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, effective as of November 1, 2008 (the "IGA"); and WHEREAS, the Board of Trustees desired to amend Titles 16 and 17 of the Firestone Municipal Code to add provisions to the Town's subdivision and zoning regulations concerning Fair Contributions for Public School Sites; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 16 of the Firestone Municipal Code is hereby amended by the addition of a new, Section 16.04.060, to read as follows: 1 16.04.060 Fair Contribution for Public School Sites. A. For all subdivisions of land, the subdivider shall dedicate land for a public school site to the St. Vrain Valley School District RE-1J ("School District"), or in the event the dedication of land is not deemed feasible or in the best interest of the School District, as determined by the superintendent or designee of the School District, the subdivider shall make a payment in lieu of land dedication. The amount of such contribution of either land or payment in lieu of land (the "fair contribution for public school sites") shall be determined pursuant to the tables set forth in subsection 16.04.060.E below. B. The following uses shall be excepted from the fair contribution for public school sites requirements: Construction of any nonresidential building or structure; 2. Alteration, replacement with a comparable building or structure, or expansion of any legally existing building or structure provided such alterations, replacement, or expansion does not increase the number of residential dwelling units; 3. Construction of any building or structure for a limited term stay or for long-term assisted living, including, but not limited to bed and breakfast establishments, boarding or rooming houses, family -care homes, group -care homes, halfway houses, hotels, motels, nursing homes or hospices; 4. Construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act then in effect; and 5. Construction of any residential building or structure owned by any housing authority of the Town. C. In the event the fair contribution for public school sites includes the dedication of land, the subdivider shall provide to the town, prior to recording of the final plat, proof that such dedication has been made to the School District in accordance with the following requirements: 1. The subdivider has conveyed to the School District by general warranty deed title to the land slated for dedication, which title is free and clear of all liens, encumbrances, and exceptions (except those approved in writing by the School District), including without limitation, real property taxes, which will be prorated to the date of conveyance or dedication. The subdivider shall also enter 2 into a contract with the School District for the sale and purchase of real property containing customary terms for the land which is being conveyed to or purchased by the School District. 2. The subdivider shall provide all environmental site assessments and hazardous waste studies to the District for review of the suitability of the dedicated property. 3. At the time of dedication or conveyance, the subdivider shall provide a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property. 4. Arrangements have been made such that at the appropriate time, and not later than the issuance of the first building permit for the subdivision, the subdivider shall pay or provide for the payment of its proportionate share of street development costs for the streets adjacent to the dedicated land, and shall either provide or pay or make provision for payment of the costs associated with making improvements for water, sewer, and all other utilities stubbed to the dedicated land, make the necessary water dedication pursuant to, as applicable, the Methodology, Town annexation/subdivision regulations and agreements, and provide over -lot grading of the dedicated land. The Town at all times and as a condition of water service shall have the right to require the School District or its successors dedicate additional water rights or, at the Town's option, pay cash in lieu thereof, in the event actual water use on the property exceeds the estimated potable water demand, as was calculated by the Town, or the actual use of the property differs from the School District's proposed use for which the water demand was initially calculated. 5. The land being dedicated or conveyed to the School District shall be located and configured as directed by the School District. 6. In addition to the lands dedicated or conveyed, the subdivider shall provide to the School District an option to purchase abutting lands identified as a school site at their fair market value so that the dedicated or conveyed and purchased lands together form a contiguous parcel which meets the School District's land area requirements set forth in subsection 16.04.060.E. D. If the fair contribution for public school sites includes payment in lieu of dedication of land, then prior to the issuance of any building permit for any residential dwelling unit in the subdivision not otherwise exempt under subsection 16.04.060.B above, the Town shall be provided with proof that, for the lot for which the permit is sought, the required payment in lieu of dedication of land has been made to the School District. E. Effective November 1, 2008, the following Tables EA through E.5, containing school planning standards and calculations of in lieu fees, shall be used to determine the fair contribution for public school sites required for the various occupancies addressed in such tables: SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE EA SINGLE-FAMILY Number Projected Student Site Size of Student Facility Standard Units Yield Standard Acres Elementary 100 0.22 525 10 22 Middle 100 0.1 750 25 level 10 High 100 0.11 1200 50 school I 1 Total 100 43 Single -Family Student Yield is .66 Developed Acres of Land Land Contribution Value 0.42 $80,117 0.33 $80,117 0.46 $80,117 1.21 $80,117 SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE E.2 DUPLEXITRIPLEX Number Projected Student Site Size of Student Facility Standard Units Yield Standard Acres Elementary 100 0.2 525 10 20 Middle 100 0.09 750 25 level 9 High 100 0.09 1200 50 school 9 Total 100 38 Duplex/Triplex Student Yield is .56 4 Developed Acres of Land Land Contribution Value 0.38 $80,117 0.30 $80,117 0.38 $80,117 1.06 $80,117 Cash -in lieu Contribution $96,999 $970 per unit Cash -in lieu Contribution $84,600 $846 per unit SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE E.3 MULTIFAMILY Number of Units Elementary 100 Middle 100 level High 100 school Total 100 Multifamily Student Yield is .25 Projected Student Site Size Developed Student Facility Standard Acres of Land Land Yield Standard Acres Contribution Value 0.15 525 10 0.29 $80,117 15 0.06 750 25 0.20 $80,117 6 0.06 1200 50 0.25 $80,117 6 27 0.74 $80,117 SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE EA CONDOITOWNHOUSE Number Projected Student Site Size Developed of Student Facility Standard Acres of Land Land Units Yield Standard Acres Contribution Value Elementary 100 0.07 525 10 0.13 $80,117 7 Middle 100 0.04 750 25 0.13 $80,117 level 4 High 100 0.04 1200 50 0.17 $80,117 school 4 Total 100 15 0.43 $80,117 Condo/Townhouse Student Yield is .29 5 Cash -in lieu Contribution $58,943 $589 per unit Cash -in lieu Contribution $34,717 $347 per unit SCHOOL PLANKING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE E.5 MOBILE HOME Number Projected Student Site Size Developed Of Student Facility Standard Acres of Land Land Cash -in lieu Units Yield Standard Acres Contribution Value Contribution Elementary 100 0.16 525 10 0.30 $80,117 16 Middle 100 0.09 750 25 0.30 $80,117 level 9 High 100 0.09 1200 50 0.38 $80,117 school 9 Total 100 34 0.98 $80,117 $78,496 Mobile Home Student Yield is .42 $785 per unit Section 2. Title 17 of the Firestone Municipal Code is hereby amended by the addition of a new Subsection E of Section 17.04.020, to read as follows: 17.04.020 General applications. E. Any person required to obtain a building permit under Chapter 15.04 for any residential dwelling unit not otherwise exempt under subsection 16.04.060.13 shall be required to make a fair contribution for public school sites in accordance with the provisions of section 16.04.060. Prior to the issuance of such building permit, the town shall be provided with proof that, for the lot for which the permit is sought, the required fair contribution for public school sites has been made to the School District. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which_ can or may be rendered, entered. or made in such actions,. suits, .proceedings, or prosecutions. :Fi ye 4u— Section 6. This ordinance and the amendments.'to the,1 Municipal Code set forth herein shall take effect October 1, 2008. INTRODUCED, READ; ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this:�``day.of -q.,Q TOWN OF FIRESTONE, COLORADO z 4111— Chad Auer Mayor Attest: �•�� F te Ra »».. i y Heg od ,.• . rp 8 o O`y y4� Town Clerk R a q F 9n21o8(maclF.5otrieeTiresionckord19chouI Land Aedi�aiion — 2003 Amendments (9.22-08 rev) 7 ORDINANCE NO. &qq AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING THE FIRESTONE MUNICIPAL CODE CONCERNING TOWN SALES AND USE TAXES TO PROVIDE A CREDIT AGAINST SALES AND USE TAXES DUE IF A CERTAIN RETAIL TRANSACTION FEE HAS BEEN PAID IN CONNECTION WITH THE DEVELOPMENT KNOWN AS FIRESTONE CITY CENTRE NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1.- Recitals. A. The Town is a municipal corporation of the State of Colorado. B. The Town and THE Firestone Development, L.L.C. ("TFD"), together with certain additional parties, have previously entered into. an Amended and Restated Public Improvements Reimbursement Agreement; dated July 31, 2006 (the "PIRA"), which implemented a cooperative funding agreement with respect to the design, installation and construction of certain public improvements in connection with the property known as Firestone City Centre and adjacent retail projects. C. Subsequent to entering into the PIRA, certain changed circumstances occurred which materially adversely effected the parameters under which major national large format retailers are willing to consider opening new stores, including material changes in overall market conditions, project costs, housing starts, energy costs, debt markets pertinent to financing of retail development projects and similar factors. Such changed circumstances have contributed to undesirable and unanticipated delays in large format retailers pursuing new store locations nationally and regionally, thereby frustrating the City's economic development goals and increasing the costs of providing the infrastructure required to support and attract such users. D. In order to advance the purposes of the PIRA, the Town, TFD and TFD Firestone City Centre Public Improvement Company entered into the Firestone City Centre Retail Infrastructure Funding Agreement, dated as of September 4, 2008 (the "RIFA") in order to encourage large format retail development to occur within Firestone City Centre at an earlier 1 date than otherwise would occur given the changed economic conditions that have occurred since the execution and delivery of the PIRA. All capitalized terms used herein and not otherwise defined shall have the meanings set forth in the RIFA. E. Pursuant to the Declaration of Covenants Imposing and Implementing the Firestone City Centre Retail Transaction Fee (the "RTF Covenant"), TFD intends to impose a retail transaction fee on certain sales or provisions of goods or services occurring within the property known as Firestone City Centre and described in the RTF Covenant, and intends to impose a retail transaction fee (on building materials only) on an applicant for a building permit within such property, which retail transaction fees are to be used to contribute to the financing of public improvements within the Town. Such retail transaction fee will be in addition to any applicable public improvements fee that is imposed on the same property pursuant to the provisions of the PIRA. F. Pursuant to the RIFA, the Town desires to provide a tax credit against the obligation to pay, collect and/or remit the sales and use tax to the Town for persons or entities who pay the portion of the retail transaction fee defined in the RIFA as the Offset RTF. Section 2. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the RIFA and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. Tax Credit. Chapter 3.08 of the Firestone Municipal Code is amended by the addition of the following provision: Notwithstanding any other provisions of this Chapter, and in order to implement the provisions of the Firestone City Centre Retail Infrastructure Funding Agreement, dated as of September 4, 2008 (the "RIFA"), by and among the Town, THE Firestone Development, L.L.C. and TFD Firestone City Centre Public Improvement Company, there shall be granted to each person or entity obligated to pay, collect or remit the sales tax on the sale or provision of goods or services which are subject to Town sales 2 taxes occurring within Firestone City Centre, as defined in the Declaration of Covenants Imposing and Implementing the Firestone City Centre Retail Transaction Fee (the "RTF Covenant"), and incorporated herein by this reference, a tax credit against collection of the sales tax as hereinafter set forth. Such tax credit shall be granted in the form of a reduction in the applicable sales tax rate in an amount equivalent to the rate of the Offset RTF, and shall attach to a particular transaction only to the extent that the Offset RTF Revenues are received by the RTF Collecting Agent/Trustee for such transaction. Notwithstanding any other provisions of this Chapter, there shall be granted to each applicant for a building permit within Firestone City Centre a tax credit against the collection of the Town's use tax (on building materials only) as hereinafter set forth. Such tax credit shall be granted in the form of a reduction in the applicable use tax rate (on building materials only) in an amount equivalent to the rate of the Offset RTF, and shall attach to a particular transaction only to the extent that the Offset RTF Revenues are received by the RTF Collecting Agent/Trustee for such transaction. The tax credit for both the sales tax and the use tax shall be automatic and shall take effect immediately upon the applicable retailer's (as reflected on the retailer's periodic sales tax report) or building permit applicant's remittance to and receipt by the RTF Collecting Agent/Trustee of the Offset RTF Revenues in accordance with the RTF Covenant and the RIFA. The tax credit for both the sales tax and the use tax (on building materials only) shall be granted during the Offset Period and shall terminate when the Offset Period terminates. The amount of sales and use tax credit granted hereunder shall not exceed 0.25% during the time that the Credit PIF is being imposed 3 in accordance with the PIRA, shall not exceed 1.50% during the PIRA Gap Period (which will commence after the expiration of the Credit PIF Period), and.shall not exceed 0.25% upon expiration of the PIRA Gap Period. All capitalized terms used in this section and not otherwise defined herein shall have the meanings given to them in the RIFA. Section 4. Effect of Credit. The Town Council hereby determines that the creation or termination of this sales and use tax" credit does not constitute a tax increase, the imposition of a new tax, or a tax policy change directly causing a net tax revenue gain to the Town, and that nothing herein or in the RIFA creates a multiple fiscal year financial obligation or other indebtedness of the Town. Nothing herein, in the RIFA, or in the RTF Covenant prohibits the Town from amending or terminating this tax credit. Section,5. R. epealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 6. Effective Date of Amendment. The amendment to Chapter 3.08 of the Firestone Municipal Code and the tax credit granted in Section 3 hereof shall become effective on the date on which the RTF Covenant is recorded in the real property records of Weld County, Colorado. 4 INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL THIS 9TH DAY OF OCTOBER, 2008. ATTEST: a` wt�?4t �Z� J d*Hood, CMC Town Clerk 5 881596.2 TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ORDINANCE NO. ty� AN ORDINANCE REPEALING CHAPTER 2.48 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE MARSHAL'S DEPARTMENT; AMENDING CHAPTER 2.52 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE DUTIES OF THE CHIEF OF POLICE AND POLICE DEPARTMENT; AMENDING SECTIONS 2.52.010 AND 5.24.060 'OF THE FIRESTONE MUNICIPAL CODE REGARDING THE COMMISSIONER OF LAW ENFORCEMENT, AND AMENDING THE TOWN OF FIRESTONE PERSONNEL POLICY MANUAL REGARDING THE FIRESTONE POLICE DEPARTMENT POLICY AND PROCEDURE MANUAL WHEREAS, Chapter 2.48 of the Firestone Municipal Code creates a marhsal's department; and WHEREAS, the Firestone Police Department currently performs the functions of the Town's marshal's department; WHEREAS, the Board of Trustees desires to repeal Chapter 2.48 and amend Chapter 2.52 to provide that the police department shall perform any duties required of or delegated to the marshal's department, and to otherwise amend Chapter 2.52 with respect to the duties of the chief of police and police department; and WHEREAS, Section 2.48.010 of the Firestone Municipal Code provides that the mayor shall be the commissioner of law enforcement; and WHEREAS, the Board of Trustees desires to amend Sections 2.52.010 and 5.24.060 of the Firestone Municipal Code to eliminate references to the mayor as the commissioner of law enforcement; and WHEREAS, the Board of Trustees desires to delegate to the chief of police the authority to develop, adopt, amend, and administer policies and procedures for the administration of the police department to be set forth in the ,Firestone Police Department Policy and Procedure Manual; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 2.48 of the Firestone Municipal Code is hereby repealed in its entirety. Section 2. Section 2.52.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strieken dff 2.52.010 Created — Control of officers. 1 The town shall have a paid police department consisting of a chief of police and such number of police officers as in the judgment of the board of trustees may be necessary to the peace and good order of the town. The members of the police department shall be detefmiaed by the beffd, shall be subject to the control and . orders of the der who shall be the a law went -chief of police, and may be removed pursuant to the personnel policies of the town duly made and sustained.. Wherever this code refers to marshal, such reference shall mean the chief of police. Wherever this code refers to deputy marshal, such reference shall mean police officer. Section 3. Section 2.52.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfisken diFetth): 2.52.020 Chief of police — Duties. A. UeThe chief of police shall have all powers and obligations that Owe t,.w mafsh ' has conferred on such position pursuant to the Colorado state statutes and town ordinances. B. The chief of police shall be the head of the police department, and shall, in addition to the duties imposed upon all police officers, be responsible for the administration of the police department, exercise general supervision and control over the work of all members of the department, prescribe the number of hours and the times of day or night when police officers shall be on duty. The chief of police shall attend meetings of the board of trustees as required by the board. C. The chief of police shall develop adopt, amend, and administer policies and procedures for the administration of the police department, including without limitation the provisions. of the department_ policies and procedures manual. All amendments to such manual shall be filed with the board of trustees, town administrator upon their adoption. Section 4. Section 2.52.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are sly): 2.52.030 Duties of polices officers. A. Each polices officer of the town shall have all the powers and obligations thO4 a d8pe4y ffiaffihal Of thO tOW11 conferred on peace officers pursuant to Colorado state statutes and town ordinances. B. Police officers shall execute all writs and processes directed to them by the municipal jud eg in any case arising under a town ordinance, and the 2 olice department shall receive the same fees for such services that sheriffs are allowed in similar cases. C. Police officers shall investigate, make arrests issue summonses sign com laints and assist in 12rosecution for violations of state or federal statutes and municipal ordinances. They shall su ress all riots and breaches of the veace and apprehend persons fleeing justice. . Section 5. Section 2.52.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are striven 2.52.040 Reserve officer force. S*eel-44e approval e4the eew-%iser- of law enfereement,tThe chief of police may establish not more than wee five positions in the town police reserve unless otherwise authorized by the board of trustees. Reserve members shall perform such duties as may be assigned by the chief of police or, in the chief s absence, the highest ranking officer. Reserve members shall serve without compensation and shall serve on duty when called into service by the chief of police or, in the chiefs absence, by the highest ranking officer. Reserve members may be reimbursed at the town's discretion for authorized out-of-pocket expenses incurred in the course of duty. The position of reserve officer is volunteer in nature, and such relationship may be severed by the chief of police at any time, with or without cause. Section 6. Chapter 2.52 of the Firestone Municipal Code is hereby amended by the addition of a new Section 2.52.050 to read as follows: 2.52.050 Holding property as evidence. In the event that the town attorney, district attorney or other person charged with the duty of prosecuting violations of the town, state or federal laws, requests that any of the lost, abandoned or recovered stolen property be held by the chief of police because it is required in a criminal prosecution, the chief of police shall retain custody and shall not sell the same until written notice is received that the property is no longer needed for prosecution purposes. Section 7. Chapter 2.52 of the Firestone Municipal Code is hereby amended by the addition of a new Section 2.52.060 to read as follows: 2.52.060 Oath. Before entering upon the duties of office, each officer shall take and subscribe the oath or affirmation. Section 8. Chapter 2.52 of the Firestone Municipal Code is hereby amended by the addition of a new Section 2.52.070 to read as follows: 2.52.070 Uniforms. Every officer shall wear at all times while on duty, a uniform of the type and quality prescribed by the manual of the police department as amended from time to time. Section 9. Chapter 2.52 of the Firestone Municipal Code is hereby amended by the addition of a new Section 2.52.080 to read as follows: 2.52.080 Mayoral appointment of deputy police officers. It mayor may, upon any emergency or riot, or at any time when the mayor shall deem it necessary for the peace, good order or health of the town, appoint deputy police officers for a specified time, but not exceeding two days, without the action of the board. Section 10. Chapter. 2.52 of the Firestone Municipal Code is hereby amended by the addition of a new Section 2.52.090 to read as follows: 2.52.090 Duty of citizens to aid. It shall be the duty of all persons, when called upon by the chief of police or any police officer, to promptly aid and assist such officer in the discharge of his or her duties. Section 11. Chapter 2.52 of the Firestone Municipal Code is hereby amended by the addition of a new Section 2.52.100 to read as follows: 252.100 Disposition of motor vehicles. The police department may dispose of impounded motor vehicles in any of the following ways: A. By following the procedures provided by state law for disposal of abandoned vehicles; or B. If the chief of police determines that some other method of disposal is more efficient, the chief of police may adopt such a method. Such method shall provide: 1. Reasonable notice to the owner and any lien holders of record by mail or publication at least thirty days before disposition of the vehicle. But if the vehicle has been appraised to determine its reasonable market value by the chief of police, by any employee of the police department E designated by the chief of police, or by a licensed Colorado motor vehicle dealer as having a value of less than two hundred dollars, then the vehicle may be disposed of no less than fifteen days after the date of the notice. Notice is deemed given on the date it is delivered, mailed or published, whichever is earliest. The notice shall indicate whether the holding period is fifteen or thirty days. Before giving notice, the police department shall make inquiry through the licensing authority of the state of registration of the vehicle, if that can be ascertained from the license plate or vehicle identification number, if any, as to the name and mailing address of the owner and lien holders'of record. Notice shall be delivered or sent by certified mail to such persons. If such inquiries produce no such information,. notice shall be published at least once in a newspaper of general circulation in the town. The notice shall state the grounds upon which impoundment was authorized, the location of the vehicle, and the person to whom the owner or lien holder may apply to reclaim the vehicle prior to its disposal. 2. For disposition of the vehicle: a. If the vehicle has been appraised; and the towing and storage charges at the end of the applicable holding period exceed the appraised value, then the town may sell the vehicle to the towing and impoundment lot operators, if such were involved, for the amount of the accrued charges; b. At a private sale; or C. At a public sale. I For delivery of a bill of sale to the purchaser. The police department shall send a copy of such bill of sale, together with a written report of the sale, to the Colorado Department of Revenue. If the appraised value of the vehicle was less than two hundred dollars, or if, in the case of a vehicle sold without appraisal, the sale was for less than two hundred dollars, the bill of sale shall state that the vehicle is sold only for the purpose of junking or dismantling the vehicle, and that the purchaser acquires no right to a certificate of title for such vehicle. Such purchaser shall also be given a copy of the report which is sent to the Colorado Department of Revenue. 4. For disposition of the proceeds from a sale pursuant to subsection (13)(2)(b) of this section or of this subdivision in the following manner: a. The costs of towing and storage in an impound lot shall be paid to the towing and impound lot operators in accordance with the contract such operators may have with the town for such W services. Such contract may provide, without limitation, that the towing and impound lot operator will receive only a percentage of the proceeds, but not to exceed such costs. If such services were not performed pursuant to a contract with the town, payment shall be calculated in the manner provided by state law. b. From the balance, if any, there shall be deposited into the general fund of the town reasonable expenses to the town on account of the abandonment of the vehicle, including without limitation, the costs of the search for owners and lien holders, notice, appraisal, advertising, sale, and any .other fees or, penalties, including without limitation, those on account of parking infractions pursuant to this code, due with respect to the vehicle. C. The remaining balance, if any, shall then be paid first to any lien holder of record and, second, to any owner of record as their interests may appear on such records, or to any person submitting proof of an enforceable interest in such vehicle as of the date of sale. If no such person is known to the town, such balance shall be deposited into the general fund of the town. d. There is no right of redemption from any sale made pursuant to this section. After a vehicle has been sold pursuant to such terms, neither the town nor any officer, agent or employee thereof is liable for any failure to deliver such vehicles to any person other than the purchaser at such sale. Section 12. Section 5.24.060 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strip): 5.24.060 Permit revocation. The town clerk, of law enf ,.,.v, ent, or mafshal chief of op lice may revoke a permit issued under this section at any time during the course of the concert for breach of any of the conditions prescribed by Section 5.24.050, If the fie -permit is revoked pursuant to this section; the concert must cease immediately. No person shall continue a concert after a permit has been revoked. Section 13. Section 9.08 of the Town of Firestone Personnel Policy Manual is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfiekeii 9.08 SUPPLEMENTAL RULES OF CONDUCT 3i Each Department may have unique circumstances that may require supplemental rules of conduct in order to ensure the efficient and orderly administration of the Department. All such supplemental rules shall be established in writing by the Department Head, and shall not be inconsistent with these Personnel Policies (except with respect to specific matters affecting law enforcement officers) or any ordinances or other enactments of the Town Board and shall be s*eet te appr-eval by the Town Beafd prior- to their- beee i effestiv$. All such supplemental rules shall upon approval be acknowledged by and made available to Departmental employees and filed with the Administrator and the Town Clerk. Amendments to the Firestone Police Department Policies and Procedures Manual shall also be filed with the Town Board. Any employee may appeal to the application of a supplemental rule by the procedures set forth in Chapter 12, below. Section 14. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 15. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ AIPOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Z day of 6 , 2008. ATTEST: apeIr 10117/2008 2:22 PM[mec]5:?Fire tone/OrdinancJLawEnforcementCammiss.ord 7 TOWN OF FIRESTONE, COLORADO l✓ 1/�1 Chad Auer Mayor Y� gaF�:hFt�p� �'!•oaoeceaoaf^ t ON a 0 � inf � % � OU� °ZOy Illllllllilllllllllllllllllilllllllllllllllllllllllllll 3633687 07/0112009 11:35A Weld County, CO 1 of 6 R 31.00 ID 0.00 Steve Moreno Clerk & Recorder 687 ORDINANCE NO, 701 AN ORDINANCE APPROVING A SECOND AMENDMENT TO OUTLINE DEVELOPMENT PLAN AND REZONING FOR A PORTION OF THE COTTONWOOD HOLLOW SUBDIVISION WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Second Amended Outline Development Plan ("ODP') and rezoning from PUD Residential-C land uses to PUD Employment Center, Regional Commercial and Residential- C land uses for approximately 32.17 acres of the Cottonwood Hollow Subdivision; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application on November 5, 2008, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record; and WHEREAS, all materials related to the proposed rezoning and ODP amendment have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found with conditions to be in. compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on November 13, 2008; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment is consistent with the Town's plan for the area, that the applicant has demonstrated that the proposed rezoning and ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations, and that the application should be approved subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. section 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado does hereby approve the proposed Second Amendment to the Outline Development Plan and rezoning from PUD Residential-C land. uses to PUD Employment Center, Regional Commercial and Residential-C land uses for approximately 32.17 acres of the Cottonwood Hollow Subdivision, subject to the conditions set forth on Exhibit A attached hereto and incorporated herein by reference. The properties rezoned from PUD Residential-C land uses to PUD Employment Center, Regional Commercial and Residential-C land uses are as legally described on Exhibit B, attached hereto and incorporated herein by reference, and the Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 13 11 day of 0 0 0 M IO-t r- , 2008. I�I _I •�_ _ IIIII IIIIIIIIII IIIIIIIIIIIIII IIII�IIIII��I •I 1��III ��I�� I 3633687 07/01/2009 11:35A Weld County, CO 2 of 6 R 31.00 ID 0.00 Steve Moreno Clerk & Recorder ATTEST: u •� /Judy He ood Town Clerk Chad Auer Mayor j5 ���pcpc000np.,5 �a��'. p r Oppe C.,�papgp ppa r 7 2 I�t I I I I Il lll�ll I Ill ��I I I I �1�1 I Ill��tlillll l��l OA 9 11:35Weld County, �� i 3633687 O1101f20 3 of 6 R 31.00 47 0.00 Steve Marenrk & Recorder J EXHIBIT A Second Amendment to Outline Development Plan and Rezoning Conditions of Approval Cottonwood Hollow Subdivision General 1. Provide current tax certificates for all property being rezoned and petition for inclusion into the Frederick -Firestone Fires Protection District if not included. 2. Revise the ODP map and other application materials to address Town Engineer redlines. 3. Incorporate pertinent modifications pursuant to the Town Attorney Cottonwood Hollow ODP text revisions dated February 28, 2002. 4. Remove references to land uses and areas that are not a part of this amended ODP. 5. Fix typographical errors throughout. 6. Finalize and provide signed mylars for recording the First Amendment to the ODP for Cottonwood Hollow. 7. For purposes of determining maximum building heights, building height shall be measured from the graded, but not filled, condition. Outline Development Plan Sheet 1 8. In the Approval Block, replace "Resolution" with "Ordinance." 9. The legal description for the curve in Block 3 does not match the call out; revise as necessary. Sheet 2 10. Correct "The" in the sheet title block. 11. In the Table A section, remove the word "proposed". 12. In the Prohibited Use Within the PUD section, remove the text "In Section 7.16.16 of 3 3633687 07/01/2009 11:35A Weld County, CO 4 of 6 R 31.00 ID 0.00 Steve Moreno Clerk & Recorder 13. In the Service Requirement section, place the word "public" before the words "street maintenance". 14. In the Service Requirements section, properly identify the school district. 15. In the Circulation System, place the words "Final Development Plan" before "FDP" 16. In the Blocks 1 and 3 section, place the word "maximum" before the word "allowable". 17. In the Block 8 section, delete the next to the last sentence that begins with "covenants" as this information is provided in the Private Maintenance and Enforcement section. Sheet 3 18. Label existing zoning of adjacent properties. 19. Label the proposed zoning as "Planned Development Unit (PUD) with Employment Center, (EC), Regional Commercial (RC) and Residential C (R-C) Land Use categories" and remove "Mixed Use". 20. Replace "Final Site Plan" with "Final Development Plan". I M VOS [sjl] S;\Firestone\Subdivisions\Cotton+voodHoUawODP2ndAmend.TB Ord.doc (FINAL) v 4 11l1111IIIlI IIIlI! IIIIII Ill! IIIIIIIIIII111Illlllill IlII 3633687 07101/2009 11:35A Weld County, CO 5 of 6 R 31.00 10 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Legal Description BLOCK 3 A TRACT OF LAND LOCATED IN THE NORTHEAST ONE -QUARTER OF SECTION 14, T2N., R68W., 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 14, T2N., R68W., 6TH P.M.; THENCE S00007'17"E A DISTANCE OF 30.00 FEET ALONG THE CENTER SECTION LINE OF SAID SECTION 14 TO A POINT ON THE SOUTHERLY R.O.W. LINE OF WELD COUNTY ROAD NO. 22, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTER SECTION LINE S00007'17"E A DISTANCE OF 311.37 FEET; THENCE S57°55'06"W A DISTANCE OF 15.86 FEET; THENCE S46°08'59"W A DISTANCE OF 81.70 FEET; THENCE S14°17'01"W A DISTANCE OF 299.30 FEET; THENCE S49°22'28"E A DISTANCE OF 56.74 FEET; THENCE N90000'00"W A DISTANCE OF 635.12 FEET; THENCE N10°59'27"E A DISTANCE OF 188.09 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1135.00 FEET, A CENTRAL ANGLE OF 11015-14", AN ARC LENGTH OF 222.94 FEET AND WHOSE CHORD BEARS N05021'50"E A DISTANCE OF 222.94 FEET; THENCE N00°15'47"W A DISTANCE OF 297.14 FEET TO A POINT ON THE R.O.W. LINE OF SAID WELD COUNTY ROAD NO. 22; THENCE S90000'00"E A DISTANCE OF 682.30 FEET ALONG SAID SOUTH R.O.W. LINE TO THE POINT OF BEGINNING. CONTAINING 10.32 ACRES MORE OR LESS. TOGETHER WITH; BLOCK 1 A TRACT OF LAND LOCATED IN THE SOUTH ONE-HALF OF SECTION 11, T2N., R68W., 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 11; THENCE N00007'16"W A DISTANCE OF 50.00 FEET ALONG THE CENTER SECTION LINE OF SAID SECTION 11 TO A POINT ON THE NORTHERLY R.A.W. LINE OF WELD COUNTY ROAD NO. 22, SAID POINT BEING THE POINT OF BEGINNING; THENCE N90°00'00"W A DISTANCE OF 682.48 FEET; THENCE N00°15'47"W A DISTANCE OF 498.19 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1320.00 FEET, A CENTRAL ANGLE OF 08043'50", AN ARC LENGTH OF 201.14 FEET AND WHOSE CHORD BEARS N0403714211W A DISTANCE OF 200.94 FEET; THENCE S90"00'00"E A DISTANCE OF 599.53 FEET; THENCE S01 °03'51 "E A DISTANCE OF 50.19 FEET; THENCE S45°24'51 "E A DISTANCE OF 139.51 FEET; THENCE S00007'16"E A DISTANCE OF 550.36 FEET TO THE POINT OF BEGINNING. CONTAINING 10.75 ACRES MORE OR LESS. TOGETHER WITH: BLOCK 8 A TRACT OF LAND LOCATED IN THE SOUTH ONE-HALF OF SECTION 11, T2N., R68W., 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 11; THENCE N00007'16"W A DISTANCE OF 600.36 FEET ALONG THE CENTER SECTION LINE OF SAID SECTION 11; THENCE N45°24'51"W A DISTANCE OF 139.51 FEET; THENCE N01°03'51"W A IIII HIM 11��1IIII1II1IIII1�11 3633687 07/01/2009 11:35A Weld County, CO 6 of 6 R 31.00 ID 0.00 Steve Moreno Clerk & Recorder DISTANCE OF 50.19 FEET TO THE POINT OF BEGINNING; THENCE N90°00'00' W A DISTANCE OF 599.53 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1320.00 FEET, A CENTRAL ANGLE OF 02°01'50", AN ARC LENGTH OF 46.78 FEET AND WHOSE CHORD BEARS N10000'32"W A DISTANCE OF 46.78 FEET; THENCE N11°01'27"W A DISTANCE OF 772.76 FEET TO A POINT OF CURVE;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1080.35 FEET, A CENTRAL ANGLE OF 06030,03", AN ARC LENGTH OF 122.58 FEET AND WHOSE CHORD BEARS N07046'26"W A DISTANCE OF 122.51 FEET; THENCE S90°00'00"E A DISTANCE OF 473.52 FEET; THENCE S02°14'18"E A DISTANCE OF 147.11 FEET; THENCE S01 °35'33"E A DISTANCE OF 227.04 FEET; THENCE S67007'59"E A DISTANCE OF 79.46 FEET; THENCE S41 °30'13"E A DISTANCE OF 109.75 FEET; THENCE S28016'04"E A DISTANCE OF 142.91'; THENCE S15004'29"E A DISTANCE OF 123.50 FEET; THENCE S19015'37"E A DISTANCE OF 118.72 FEET; THENCE S01°03'51"E A DISTANCE OF 81.75 FEET TO THE POINT OF BEGINNING. CONTAINING 11.10 ACRES MORE OR LESS. Please �7eturn To: Town of Firestone P.O. BOX 100 Firestone, CO 80520 ORDINANCE NO. Ib2-- AN ORDINANCE AMENDING CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE CONCERNING RESIDENTIAL DEVELOPMENT IMPACT TEES AND FUNDS WHEREAS, pursuant to state law, including but not limited to C.R.S. §29-20-101 et se ., and as a condition of issuance of a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town on capital facilities needed to serve new development; and WHEREAS, the Board of 'Trustees finds that taxes and other revenues generated from new residential development do not generate sufficient funds to provide necessary capital facilities to accommodate and serve new development; and WHEREAS, the Board of Trustees finds that an equitable impact fee consistent Nvith the requirements of applicable law is one of (lie preferred methods for the Town to regulate land development to ensure that new development pays a proportionate fair share of the costs of the needed capital facilities, allowing the Town to make the necessary capital facility expenditures to serve new development -,and WHEREAS, the Town is experiencing new development and related population growth, and such development has placed and is projected to place an increased demand upon the Town's regional transportation network, regional storm drainage system, regional parks and municipal facilities, and such development benefits from expenditures for utility transmission line undergroundijig costs previously Incurred in anticipation of new growth; and WHEREAS, the protection of the health, safety, and general welfare of the citizens of the Town requires that these capital facilities be constructed, expanded or improved to accommodate and serve continuing development and gromh within the 'Town: and WHEREAS, in 1996 by Ordinance No. 347 and Resolution 96-23, the Board of Trustees adopted impact fees to be paid by new residential development and established provisions for the collection and expenditure of such impact fees, which ordinance was codified in Chapter 3.20 of the Firestone Municipal Code; and WHEREAS, in 2002 by Ordinance No. 514, the Board of Trustees repealed and reenacted Chapter 3.20 to adopt new impact fees to be paid by new residential development and to establish new provisions for the collection and expenditure of such impact fees; and WHEREAS, Section 3.20.100 of the Firestone Municipal Code requires periodic review of the `f"oven's impact frees to ensure that; (1) the demand and cost assumptions underlying the impact fees are still valid; (2) the resulting impact fees do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; (3) the monies collected or to be collected in each impact Pee trust account have been paid and are expected to be spent for capital facilities for which the fees were paid; and (4) the, capital facilities for which the fees are to be used will benefit the development paying the.fees; and WHEREAS, Town staff has undertaken a review of the Town's capital needs and impact fees as required by Section 3.20.100 'of the Firestone Municipal Code by reassessing the Town's capital needs, updating cost estimates, and reviewing changes in development projections and impacts for the Town since Ordinance No. 514 was adopted in order to determine the capital facilities needed to serve new development and the propotlional costs of such facilities that may be charged to proposed development through impact fees, which review is summarized in the Menuurandum of Impact Fee Update and Inn-7act Fee Calculations both dated October 16, 2008 (collectively referred to as the IMI) rct Fee Analysis) and accompanying this Ordinance; and WHEREAS, the Board of Trustees hereby confirms and -establishes as Town standards the assumptions and service standards referenced and discussed in the hnpact fee Arrcrlysis as part of the Town's current plans for future construction, improvement and expansion of the 1'own's capital facilities that are addressed by the impact fee system amended by this Ordinance; and WHEREAS, the Board of Trustees finds the demand and cost assumptions underlying the Town's impact fees, and in particular, revisions to the Town's urban growth boundary, reassessment of the Town's capital needs, and inoreases in construction costs, warrant revisions to the Town's impact fees as set forth in the 2008 Revised Impact Tee Analysis; and WHEREAS, the Board of Trustees further finds the impact fees, as amended by this Ordinance, do not exceed the actual costs of constructing capital facilities that are of the type for which the fees are paid and that are required to serve new impact -generating development; of the impact fee monies spent since adoption of Ordinance No. 514, such fees have only been spent for capital facilities for which such fees were paid; impact fee monid­to be collected in the future are likewise expected to be spent only for capital facilities for which the fees were paid; such capital facilities that have been constructed with impact fee monies have benefited those developments that paid the fens; and future impact fee monies paid will fund capital facilities that will benefit those developments that paid the fees; and WHEREAS, the impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all residential development of new dwelling units, and intended to defray the projected -impacts on capital facilities caused by proposed development; and WHEREAS, the impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development; and WHEREAS, this Ordinance creates a system under which impact fees shall not be used to remedy any deficiency in capital facilities existing on the effective date of this Ordinance and under which impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid; and WHEREAS, Chapter 3.20 of the Firestone Municipal Code includes provisions to ensure that no individual landowner is required to provide any site specific dedication or improvement to meet the sane need for capital facilities for which the impact fees are imposed; and WHEREAS, the Board of Trustees by this Ordinance desires to amend Chapter 3.20 of the Firestone Municipal Code to establish new residential development impact fees and to enact related provisions concerning the collection and expenditure of impact fees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section .l. Section 3.20.030.13, of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to -be deleted are � 1, 3.20.030 Definitions. B. "Capital facilities" means any improvement or facility that: 1. Is directly related to any service that the town is authorized to provide; 2. Has an estimated useful life of five years or longer; and 3. is required by general policy of the town pursuant to a resolution or ordinance. The phrase "capital facilities," as used in this chapter, is limited to the following categories, all of which are as further defined herein and in the Impact Fee Analysis: regional transportation network capital facilities, regional storm drainage capital facilities, regional parks, pel� municipal facilities and utility transmission line undergrounding. No costs of vehicles or equipment are included within such capital facilities. Section 2. Section 3.20.0301 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stri even ,t,.•,,.,, ): 3.20.030 Definitions. 1. "Impact fees" means the fees established by this chapter for (lie following capital facilities: regional transportation network (the Roadway Impact Fee), `regional storm drainage (the Drainage Impact Fee), regional parks (the Regional Parks Impact Fee), poliee eapital municipal facilities (New Pokee-46-6an Municipal Facilities Impact Fee) and utility transmission line undergrounding (Undergrounding Impact Fee). Section 3, Section 3.20.030.J. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are 91 3.20.630 Definitions. .!_ "Impact fee analysis" means the 20038 hnpact Fee Anahw4, Calculations and Alerrrorandurna of Irrrl)act Fee Update, both prepared by town staff and dated Deee.. ber 10, 2n"' October 16, 2008, and all other additional materials prepared in connection with such analysis, inennorandum and this chapter. Section 4. Section 3.20.0301. of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strieken tl eu#4): 3.20.030 Definitions. L. "Impact FeeTrust' fund" means the trust fund established by Section 3.20.070, which includes individual accounts for the Roadway Impact Fees, the Drainage Impact Fees, the Regional Parks Impact Fees, the Ism-StW-i0A Municipal Facilities Impact Fees and the Undergrounding Impact Fees, The Impact Fee Trust Fund is also called the "Trust Fund." Section 5. Section 3.20.0301. of the firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strieke thret ••"): 3.20.030 Definitions. N. "Regional Transportation Network (RTN)" and "RTN capital facilities." The "RTN" consists of all existing or planned section line roads and the planned 7 el GRmift� Arbor Street and is depicted on.Exhibit I3 to the ordinance codified ]Herein, a copy of which is available for inspection at the office of the town clerk. "RTN capital facilities" are defined as all engineering work, design studies, land surveys, alignment studies, permitting; work, land costs and construction related to all necessary features for any road on the RTN, undertaken to acconiniodate additional traffic resulting from new impact -generating development in the town. Such features that ve part of the RTN capital facilities include, but are not limited to: l . New through lanes; . 2. New bridges; . 3. New drainage facilities in conjunction with new road construction, 4. Traffic signals, including new and upgraded signalization; 5. Curbs, gutters, sidewalks, medians, and shoulders, street lights. and landscaping in conjunction with new road construction; G. Relocation of utilities to accommodate new road construction: 7. The construction and reconstruction of intersections; 8. The widening of existing roads; 9... 1311s turnouts, 10. Acceleration and deceleration lanes; 11. Interchanges; and 12. Traffic control devices. For the purposes of this chapter, site -related improvements shall not constitute RTN capital facilities. Section G. Section 3.20.040.C.2. of the firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are Stf4ek-e!1 thFetigh): 3.20.040 Development impact fees imposed. C. Calculation of amount of impact fees. 2. Annual adjustment of tees to reflect effects of inflation. The impact fees shown in the impact fee schedule shall be adjusted annually to reflect the effects of inflation on those costs for capital facilities. Commencing on January 1, 22W 20I0, and on January I of each following year unless and until the fees in Appendix 3A are revised and replaced, each impact fee amount set forth in Appendix 3A shall be adjusted for inflation, based on (lie annual Construction Cost Index published by Engineering News Record, Such adjustments in the impact fees shall become effective immediately upon calculation by the town and shall not require additional action by the board of trustees to be effective. Section 7. Section 3.20.070.A.2. of the firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfiekenthwu&); 3.20.070 Impact Fee Trust Fund. A. Establishment of trust fund and trust accounts. 2. Establishment of accounts. The trust fund shall be divided into five accounts: a Roadway Impact Fee account, a Drainage Impact Fee account, a Regional Parks Impact lee account, a Poliee Capital Municipal Facilities Fee account and an Undergrounding Impact Fee Account. Section R. Section 3.20.090.A. of the firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stfieken difeugh): 3.20.090 Benefit areas and expenditures. 5 A. Establishment. Because all new impact -generating development will benefit from the capital facilities funded by the impact fees, the boundaries of the area to be benefited by such facilities are hereby determined to be the same as the town's boundaries, as existing from time to time. Notwithstanding the foregoing, the impact - generating development to be benefited by the Pehee Gapi Municipal Facilities Impact Fee as established in this chapter is limited to that development identified in the Impact Fee Analysis. Section 9. Appendix 3A to Chapter 3.20, Impact Fee Schedule, is hereby amended to read as read as follows swords to be added are underlined; words to be deleted are even 4wough) Appendix 3A Impact Fee Schedule Categories and Total Fee for Each Residential Dwelling Unit Roadway Impact Fee $4y� 189.12 $3,284 53 Drainage Impact Fee 639.29 1,011.90 Regional Parks Impact Fee 756.75 3,371.83 Municipal Facilities Impact Fee 917.10 1,097.94 Undergrounding Impact Fee 9-7-. P 750.96 Total Impact Fee (per unit) $6,590.00 $9,517.16 Section. 10. Exhibit B to Chapter 3.20, Firestone Regional Transportation Network, is hereby replaced in its entirety with Exhibit B attached hereto, Firestone Regional Transportation Network, a copy of which is available for inspection at the office of the Town Clerk. Section 11. Police capital facilities fees previously collected and on deposit with the Town shall be accounted for within the Municipal Facilities Fee account, which account was previously named the Police Capital Facilities Fee account. Section 12. If any portion of this Ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Town Board of Trustees hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that nay one part be declared invalid. Section 13. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, `as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. C. Section 14. All other ordinances or portions thereof: inconsistent or con.11icting With this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section ]S. This Ordinance and the Impact Fees set forth herein shill take effect c�nua�•� I� , 2009. fN`Qj0DUCCD,EAD, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL, this day of Upctra 6 Y , 2008. TOWN OF FIRESTONE, COLORADO C Chad Auer Mayor Attest: r dy Ig oodownk d r. IItMO9I417Miji- wjFFe. Amcml MM.asd 7 d EXHIBIT B FIRESTONE REGIONAL TRANSPORTATION NETWORK DATED OCTOBER 16, 2008 j .QA 0114# wR# E a {I tNiNwA AVE I jiRQASl 2G IIn ry f ..L.t a.aa TRESTMM ELVO_ %RREslQRE elw j . 15ABkE AVE re J21 � � a SABLE AVE r s rr tr ww ttttw a— law to gnu a�1. aaia i was swig � ROD ZQ CGhE AVE ROAD 20 LEGEND p f j 1 FII�TUM C40WM MDUN ARY i 11 aaa# .dm f waa NAM AMMIAL � $ F +� STANDARD ARTERIAL 1 cas ANT AVE ' GRANT AVE ROAD 18 t t m ORDINANCE NO. 763 AN ORDINANCE AMENDING SECTION 15.04.040 OF THE FIRESTONE MUNICIPAL CODE REGARDING FENCES ON REVERSE CORNER LOTS WHEREAS, by Ordinance No. 508, the Board of Trustees amended Section 15.40.040 of the Firestone Municipal Code to revise the requirements for fences on reverse corner lots; and WHEREAS, Ordinance No. 568 subsequently amended certain sections of Chapter 15 of the Firestone Municipal Code, including Section 15.40.040, but failed to correctly reflect the amendments previously made to said Section by Ordinance No. 508; and WHEREAS, the Board of Trustees desires to farther amend Section 15.40.040 of the Firestone Municipal Code to reflect the intent and standards for treatment of fencing on reverse corner lots;. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.40.040 of the Firestone Municipal Code is hereby repealed and reenacted to read in full as follows: 15.40.040 Fence on reverse corner lot. A. On any reverse corner lot for a single-family dwelling located within a planned unit development (PUD) zone district, unless otherwise permitted in the approved final development plan, no fence shall be constructed beyond that point which is half way between the street line and the front setback line of the adjacent single-family residence whose side yard is the rear line of the corner lot, except as follows: a permit may be issued for a picket, ornamental iron, or split rail fence that does not exceed forty-two inches in height, as measured from the finished surface of the ground to the top of the fence at any point along the exterior of the fence, and that permits visibility through the fence of at least fifty percent. B. On any reverse corner lot located within a non-PUD residential zone district, no fence shall be constructed within ten feet of the street line of the adjacent residence whose side yard is the rear line of the corner lot, except as follows: a permit may be issued for a picket, ornamental iron, or split rail fence that does not exceed forty-two inches in height, as measured from the finished surface of the ground to the top of the fence at any point along the exterior of the fence, and that permits visibility through the fence of at least fifty percent. Section 2. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. . Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTROD,$ED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of ]�x Ce *n Wet— , 200Z. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: Cf� udy ooci Town ClerkB11412008 12:10 PM[mac]S:IOFFICE1Firestone\OrdlFence Ordinance Correction 2C08 F) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 9.08 OF THE FIRESTONE MUNICIPAL CODE TO ADD A MUNICIAPL OFFENSE CONCERNING POSSESSION OF GRAFFITI MATERIAL WHEREAS, the defacing of public or private property by painting, drawing, writing, etching, or carving, by use of paint, spray paint, ink, knife, or other methods, commonly referred to as "graffiti," is a serious and growing menace, is a blight upon the community and public and private property therein, and is injurious to the public health, safety, morals, and general welfare of the residents of the Town; and WHEREAS, such graffiti is often connected with criminal street gang activities, violence, and crimes; and WHEREAS, while the Town has adopted certain ordinance prohibiting the defacing or property, the Board of Trustees finds that additional measures are necessary to prevent the accumulation of graffiti, and to promote the public1ealth, safety, morals, and general welfare of the residents of the Town; and WHEREAS, the Board of Trustees finds. that prohibiting the possession of graffiti materials will help prevent the accumulation of graffiti, will reduce the incidences of criminal conduct associated with graffiti activities, and will promote the public health, safety, morals, and general welfare of the residents of the Town; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. . Chapter 9.08 of the Firestone Municipal Code is hereby amended by the addition of a new Section 9.08.155 to read as follows: 9.08.155 Possession of graffiti materials prohibited. A. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates otherwise: 1. `Broad tipped marker pen" means a felt-tip marker or similar implement containing a fluid that is not water soluble, with a tip that exceeds one -quarter (1 /4) inch in width. 2. "Paint pen" means a tube, marker, or other pen -like instrument with a tip of one -quarter (114) inch or less that contains paint or a similar fluid and an internal paint agitator. 3. "Prohibited graffiti material" means any can of spray paint, spray paint nozzle, broad tipped marker pen, paint pen, glass cutting tool, 1 glass etching tool or instrument, or any other article adapted, designed or commonly used for committing or facilitating the commission of graffiti as prohibited by section 10-150. 4. "Spray paint" means any aerosol container that is made or adapted for the purpose of applying paint or other substance capable of defacing property. 5. "Spray paint nozzle" means a nozzle designed to deliver a spray of paint of a particular width or flow from a can of spray paint. B. It is unlawful for any person under the age of eighteen (18) years, except while under the direct supervision of the person's parent, legal guardian, school teacher, employer, or law enforcement officer in the performance of duty, to purchase, procure, or possess, or attempt to purchase, procure, or possess, any prohibited graffiti material. It shall be an affirmative defense to charges under this section that the person under the age of eighteen (18) years possessing the material was: 1. Within the person's home; 2. At the person's place of employment, or traveling directly to or from the person's place of employment, when such employment requires possession of such graffiti material; 3. Upon real property with permission from the owner, occupant, or other person having lawful control of such property, to possess such graffiti materials or; 4. At a school where the person is enrolled, or traveling directly to or from the person's school, when the person is participating in a class at the school that requires possession of such graffiti materials. C. It is unlawful for any person to possess graffiti materials when such person intends to use any such materials in the commission of a graffiti offense prohibited by section 9.08.140 or knows that some other person intends to use such materials in the commission of such an offense. Section 3. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 2 Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRO UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this [ day of .,( ea m be r , 2008. Attest: 3 TOWN OF FIRESTONE, COLORADO Chad Auer Mayor t, I.IIIIIII lilil IIIIIIIIIIII IIII IllliIIIIIIIIIIIIIi llilfill 3633689 07/01/2009 11:35A Weld County, CO 1 of 2 R 11.00 13 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. I US AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE OWEN QUARTER HORSES ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Owen Quarter Horses Annexation and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on January 22, 2009 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published December 16, 23 and 30, 2008, and January 6, 2009 in the,Longmont Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition, the annexation agreement, or otherwise agreed to by all owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town .of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Owen Quarter Horses Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this off?" day of r-,-k 2009. TOWN OF FIRESTONE, COLORADO rI'J 'd-- Chad Auer, Mayor ATTEST: �`�ESTO' TO 10 u Heg d, Town Cl + o ���, ............-r �. I_II�III IIIII III III III�II IIII IIIIII IIIII III IIIII IIII IIII 3633689 07/01/2009 11:35A Weld County, CQ 2 of 2 R 11.00 13 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION OWEN QUARTER HORSES ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE S 00000'00" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 18, A DISTANCE OF 50.00 FEET; THENCE N 89005'43" W A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) AND THE POINT OF BEGINNING; THENCE N 89005'43" W, PARALLEL WITH AND 50.00' DISTANT FROM THE NORTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 1342.58 FEET; THENCE S 00000'00" E A DISTANCE OF 1268.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE N 88056'00" W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1268.20 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE N 00017'49" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1314.58 FEET TO THE CENTER ONE -QUARTER CORNER OF SECTION 18.- THENCE S 89005'43" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 2617.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) THENCE S 00000'00" W ALONG THE WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,740,576 SQUARE FEET OR 39.958 ACRES MORE OR LESS. Fdeese Retum To. - Town of Firestone P.O. Box 100 Firestone, CO 80520 IIIIII 11111 IIIlII Ilill! If II Illlll lIIII If 1 I! Ilf I1lI I!!I 3633690 07/01/2009 11:35A Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder r � 9 ORDINANCE NO. 7 0 6 AN ORDINANCE APPROVING AN INITIAL ZONING OF PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE OWEN QUARTER HORSES ANNEXATION AND APPROVING AN OUTLINE DEVELOPMENT PLAN FOR SUCH PROPERTY. WHEREAS, apetition for annexation of certain property, annexed to the Town asthe Owen Quarter Horses Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, concurrent with such petition, an application was filed with the Town for approval of a zoning request and Outline Development Plan for such property; and WHEREAS, the property, known as the Owen Quarter Horses Annexation, was annexed to the Town by ordinance and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description ofthe property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested a Planned Unit Development zoning classification for the property, for Planned Unit Development Residential -A (PUD R-A) uses, as set forth in the outline development plan for the property; and WHEREAS, the Planned Unit Development zoning classification, with PUD R-A uses, is consistent with the Town's plan for the area encompassed by the Owen Quarter Horses Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request and outline development plan to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuantto C.R.S. Section 31-23-305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property Down as the Owen Quarter Horses Annexation, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, for Residential -A (PUD R-A) uses, pursuant to the zoning ordinances of the Town and subject to and in accordance with the Owen Quarter Horses Outline Development Plan approved with conditions by the Board of. Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. l llllll lllll ffllll llllll IIII llll--__�_.�^�^� f111111 fIl Ilffl IIII lllf 3633690 07/01/2009 11:35A Weld County, CO 2 of 4 R 21.00 10 0.00 Steve Moreno Clerk & Recorder Section 2. The Board of Trustees hereby approves the Outline Development Plan for Owen Quarter Horses, subject to the conditions set forth on Exhibit B attached hereto and incorporated herein by reference. INTRO WUCED READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ay of 2009. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: r'P�Alrv Ju Heg od, Town Cle1116120M 3:11 Pl4 JJ )] 9:,1 imsioneSAnne atioa50wenQuarterHorsemnmgord 2 _________ iilllllllllililllliill4llllillllillillllllilt Illlllllil 3633690 07101/2009 11:35A Weld County, CO 3 of 4 R 21.00 13 0.00 Steve Moreno Clerk & Recorcier EXHIBIT A LEGAL DESCRIPTION OWEN QUARTER HORSES ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTH ONE—HALF OF THE SOUTHEAST ONE —QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE —QUARTER CORNER OF SAID SECTION 18; THENCE S 00°00'00" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE -- QUARTER OF SECTION 18, A DISTANCE OF 50.00 FEET; THENCE N 89005'43" W A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT—OF—WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) AND THE POINT OF BEGINNING; THENCE N 89005'43" W, PARALLEL WITH AND 50.00' DISTANT FROM THE NORTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 1342.58 FEET; THENCE S 00000'00" E A DISTANCE OF 1268.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE—HALF OF THE SOUTHEAST ONE —QUARTER OF SAID SECTION 18; THENCE N 88056'00" W ALONG THE SOUTH LINE -OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1268.20 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE N 00017'49" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1314.58 FEET TO THE CENTER ONE —QUARTER CORNER OF SECTION 18; THENCE S 89005'43" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 2617.53 FEET TO A POINT ON THE WESTERLY RIGHT—OF—WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) THENCE S 00°00'00" W ALONG THE WESTERLY RIGHT—OF—WAY LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,740,576 SQUARE FEET OR 39.958 ACRES MORE OR LESS. 3 IIIIi 111111111i illll III IIIII Ilil INI11�111Hill111i111 3633690 07101/2009 11:35A Weld County, CO of 4 R 21.00 ID 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Owen Quarter Horses Annexation Outline Development Plan Conditions of Approval Annexation Map Include the name, address, and telephone number of the Owner/Developer. 2. Show the 12-foot wide oil and gas access road on the map (Exception #45 on Title Commitment). 3. In the Owner's Approval block and the Notary Certificate block, revise all references to "J. Alan Owen" to read "James Alan Owen" and "Candace C. Owen" to read "Candace Carr Owen" and include Jacqueline Owen. Outline Development Plan 4. Show the existing zoning of properties adjoining the ODP. In the Project Concept section, add a note that is intended that the larger approximately one acre style lots will be utilized along the common boundary with the existing Owl Lake Estates which has developed as a large lot single family development. 6. In the Project Concept section, add a note that it is intended that the smaller, approximately one -quarter acre style lots, will be utilized along the common boundary with the planned Farnsworth Annexation, which is zoned for smaller residential lots. 7. In the Owner's Approval block and the Notary Certificate block, revise all references to "J. Alan Owen" to read "James Alan Owen" and "Candace C. Owen" to read "Candace Carr Owen." 8. In the Circulation System section, insert "quarter" between "one" and "mile". 9. In the Park Development section, replace "Preliminary" with "Final". 10. Show all existing and proposed major utility facilities and easements. 11. Add a note to the ODP that no more than 110 horses, 5 dogs over four months of age, 4 goats and 20 chickens may be kept on the property at any time. 12. Add a note to the ODP that the existing horse training, boarding and breeding operations on the property are permitted to continue until commencement of any development for Phase 11 of the property (Lot B as depicted on the ODP). 4 Plopse ripryrn r-O.- Town Of Firestone P.O. Box 100 FlrOftne, GO 80520 ORDINANCE NO.707 AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article 45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation, in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, contract for the beneficial use of water from Northern Colorado Water Conservancy District, and the Town by this ordinance desires to authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of Thirty -Eight (38) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to - wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, a Colorado municipal corporation, acting as governing body of a water activity enterprise, hereby applies to Northern Colorado Water Conservancy District (hereinafter ANorthem Water@), a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Thirty - Eight (38) acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of Northern Water shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Water. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one -three -hundred - ten thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of Northern Water to be available for delivery from the water supplies of the Northern Water. Applicant agrees that such water shall be delivered from the works of the Northern Water at such existing Northern Water delivery point or points as may be specified by the Applicant and that the water delivery obligation of Northern Water shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of Northern Water, 4. Applicant agrees to pay annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of Northern Water at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in full, within fifteen (15) days after the date of notice from Northern Water that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment as herein provided is not made by due date, written notice thereof, by certified mail, will be given by Northern Water to the Applicant at the following address: P. O. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water as herein made, shall be disposed of at the discretion of the Board of Directors of Northern Water. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above Northern Water=s actual expense in terminating and disposing of the contract right of use. 5. This right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of Northern Water; if the annual payment is not timely made, as provided above, the right of use shall terminate. 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of Northern Water. 7. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; the rules, regulations and policies of the Board of Directors of Northern Water as they may now exist or as they exist in the future; and by the Repayment Contract of July 5, 1938, between Northern Water and the United States and all amendments thereof and supplements thereto. 4 Applicant agrees, as a condition of this contract, to enter into an AOperating Agreement@ with Northern Water if and when the Board of Northern Water finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by Northern Water. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of Northern Water; additional annual monetary consideration for extension of Northern Water delivery services and for additional administration, operation and maintenance costs; or for other costs to Northern Water which may arise through provision of services to the Applicant. Section 3: In the opinion of the Board of Trustees of the Town of Firestone, acquisition of this annually renewable perpetual right of use water contract for the Colorado -Big Thompson Project water from Northern Water and the right to the beneficial use of water thereunder by said Town of Firestone is necessary; the continued acquisition and use of this water supply is essential for the well-being of the community and for the preservation of the public peace, health, and safety; and the adequate protection of the health of the inhabitants of the community. Section 4: The Mayor and Town Clerk are hereby authorized to executed on behalf of Applicant all Application materials and other documents necessary to effect the contract herein specified. Passed and adopted, signed and approved this 22nd day of January, A.D., 2009. TOWN OF FIRESTONE By: 1s/Chad Auer Chad Auer, Mayor ATTEST: By: Is/ Judy Hegwood Judy Hegwood, Town Clerk (SEAL) 3 ORDINANCE NO. 7 0 a AN ORDINANCE DESIGNATING AND ESTABLISHING THE TOWN OF FIRESTONE STORMWATER ACTIVITY ENTERPRISE WHEREAS, the development, operation, and maintenance of regional stormwater detention facilities and associated stormwater channel improvements within certain areas of the Town were previously the responsibility of the Weld County Tri-Area Sanitation District ("Tri- Area"); and WHEREAS, with the dissolution of Tri-Area, responsibilities for such stormwater detention facilities and channel improvements were transferred to St. Wain Sanitation District; and WHEREAS, the Town and St. Wain Sanitation District desire that the above identified regional stormwater responsibilities be assumed by the Town; and WHEREAS, the Town conducts a variety of stormwater drainage activities, including without limitation development, operation and maintenance of regional facilities such as portions of Godding Hollow, Tri-Town Basin Drainageway, the Sump Basin and certain large drainage channels that are part of the Firestone Trail, and non -regional public facilities such subdivision or local area stormwater collection, conveyance, detention and discharge facilities; and WHEREAS, pursuant to Title 37, Article 45.1, C.R.S., state and local governmental entities that have their own bonding capacity under applicable laws are authorized: (i) to establish or continue to maintain water activity enterprises for the purpose of pursuing or continuing water activities; and (ii) to issue or reissue bonds, notes, or other obligations payable from the revenues derived or to be derived from the function, service, benefits, or facility or from any other available funds of the enterprise, the terms and conditions of such bonds or other obligations to be as set forth in the resolution authorizing the same and, as nearly as practicable, as provided in Part 4 of Article 35 of Title 31, C.R.S., relating to water and sewer revenue bonds; and WHEREAS, Title 37, Article 45.1, C.R.S. defines water activity to include the provision of stormwater services; and WHEREAS, the Town is authorized by Title 31, Article 35, Part 4, C.R.S. to issue revenue bonds to finance the cost of acquisition, construction, reconstruction, improvement, betterment or extension of water or sewage facilities, including stormwater drainage facilities, said revenue bonds to be payable solely from the net revenues derived from the operation of the utility; and WHEREAS, Section 20 of Article X of the Colorado Constitution exempts, from all provisions thereof, "enterprises," which are defined as government -owned businesses authorized to issue their own revenue bonds and that receive less than ten percent of their annual revenue in grants from all Colorado state and local governments combined; and WHEREAS, the Town intends that its stormwater activity enterprise will receive less 1 than ten percent of its annual revenue in grants from all Colorado state and local governments combined; and WHEREAS, the Board of Trustees finds that it would be in the public interest to create a stormwater activity enterprise and to expressly recognize such activities as an enterprise within the meaning of said Section 20 of Article X; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Section 1. Incorporation. The foregoing recitals are incorporated herein as findings of the Board of Trustees. Section 2. Definitions. As used in this ordinance, unless the context otherwise requires: (a) "Grant" means the cash payment of public funds made directly to a water activity enterprise by the state or a local governmental entity or district, including the Town of Firestone, which cash payment is not required to be repaid. "Grant" does not include public funds paid or advanced to a water activity enterprise by the state -or local governmental entity or district, including the Town of Firestone, in exchange for an agreement by a water activity enterprise to provide services including the provision of stormwater management, the capacity of project works, materials, or other stormwater activities; nor does "grant" include refunds made in the current or next fiscal year, gifts, any payments directly or indirectly from federal funds or earnings on federal funds, collections from another government, pension contributions by employees and pension fund earnings, reserve transfers or expenditures, damage awards, or property sales. (b) . "Stormwater activity" includes but is not limited to all activities associated with the provision of stormwater services, including but not limited to administration, coordination, management, design, planning, engineering, construction, reconstruction, installation, repair, replacement, improvement, and operation and maintenance of stormwater facilities to control and regulate the flow of storm, flood or surface drainage waters. (c) "Stormwater Activity Enterprise" means that stormwater activity business wholly owned by the Town of Firestone which receives under ten percent of its annual revenues in grants from all Colorado state and local governments combined and which is authorized to issue its own revenue bonds pursuant to this ordinance or any other applicable law. (d) "Stormwater Facilities" means any one or more of the following devices used in the collection, treatment, or disposition of storm, flood or surface drainage waters, including all manmade structures or natural watercourses for the conveyance of runoff: detention areas, berms, swales, improved watercourses, channels, bridges, gulches, wetland areas, streams, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catch basins, manholes, fittings, flared end sections, wingwalls, headwalls, and street facilities; all inlets and outlet structures; collection, drainage, or disposal lines; intercepting sewers; disposal plants; settling basins; emergency spillways; outfall sewers; all pumping, power, and other equipment and appurtenances; any other drainage facility that collects, conveys, deposits, detains, retains, 2 and/or discharges stormwater; all extension, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such stormwater facilities (e) "District" shall have the meaning set forth in §37-45.1-102, C.R.S., as amended. Section 3. Establishment of Enterprise. (a) There is hereby recognized, established and designated the "Town of Firestone Stormwater Activity Enterprise" (the "Enterprise"). The Enterprise shall consist of the business represented by all of the Town's stormwater facilities and properties, now owned or hereafter acquired, whether situated within or without the Town boundaries, including all present or future improvements, extensions, enlargements, betterment, replacements, or additions thereof or thereto. The Enterprise shall have all of the authority, powers, rights; obligations, and duties as may be provided or permitted by the laws of the State, and the Colorado Constitution, and as may be further prescribed by ordinance or resolution of the Town. (b) The Enterprise shall continue to be a wholly owned business of the Town of Firestone and shall not be combined with any municipal activity enterprise owned by another district. The Enterprise may continue to conduct the activities and provide the services as provided for in the ordinances of the Town and the regulations adopted pursuant thereto. This paragraph shall not limit the authority of the Enterprise to contract with any other person or entity, including other districts or enterprises. Section 4. Governing Body. (a) The governing body of the Enterprise (the "governing body") shall be the Board of Trustees of the Town of Firestone and shall be subject to all of the applicable laws, rules, and regulations pertaining to the Board of Trustees. Whenever the Board of Trustees is in session, the governing body shall also be deemed to be in session. It shall not be necessary for the governing body to meet separately from the regular and special meetings and work sessions of the Board of Trustees, nor shall it be necessary for the governing body to specifically announce or acknowledge that actions taken thereby are taken by the governing body of the Enterprise. The governing body may conduct its affairs in the same manner and subject to the same laws which apply to the Board of Trustees for the same or similar matters; provided that in accordance with §37-45.1-104(2), C.R.S., the governing body may authorize the issuance of bonds by adoption of a resolution. (b) The governing body of the Enterprise may exercise the Town's legal authority relating to stormwater activities, but no enterprise may levy a tax which is subject to Section 20(4) of Article X of the Colorado Constitution. Section 5. Maintenance of Entcrprise Status. The Enterprise shall at all times and in all ways conduct its affairs so as to continue to qualify as a "water activity enterprise" as defined in §35-45.1-102, C.R.S., and as an "enterprise" as defined in Article X, Section 20 of the Colorado Constitution. Specifically, but not by way of limitation, the Enterprise is not authorized to and shall not receive ten percent or more of its annual revenue in grants from all Colorado state and local governments combined. Section b. Issuance of Bonds. The Enterprise maintained pursuant to this ordinance, through the Board of Trustees of the Town of Firestone, may issue or reissue revenue bonds, notes, or other obligations payable solely from the revenues derived or to be derived from the 3 functions, services, benefits, or facilities of the Enterprise or from any other available funds of the Enterprise, in accordance with and through provisions of C.R.S. §37-45.1-104, C.R.S., provided however, the powers provided in said section shall not modify, limit, or affect the powers conferred by any other law either directly or indirectly. Section 7. Enterprise Fund. Commencing fiscal year 2009, a Stormwater Activity Enterprise Fund shall be established to account for all revenues and expenditures of the Enterprise. Section 8. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Such repealer is subject to the provisions of Section 9 of this ordinance. Section 9. The repeal or modification of any provision of any provision of the Municipal Code or other previously adopted ordinance of the Town of Firestone by this ordinance shall not be construed to adversely affect or impair any contract entered into by the Water Activity Enterprise prior to the effective date of this ordinance. Section 10. The repeal or modification of any provision of the Municipal Code or other previously adopted ordinance of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 11. 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of ,1,� 32009. TOWN OF FIRESTONE, COLORADO Attest: 4 n`" J Chad Auer Mayor &Tin IonelOrdin cerSlam.ater EnleTrise.ord (Redline of 1 i-"8 d`afl) ORDINANCE NO.709 AN ORDINANCE ENACTING A NEW CHAPTER 13.11 OF THE TOWN OF FIRESTONE MUNICIPAL CODE REGARDING THE TOWN'S STORMWATER ACTIVITY ENTERPRISE AND STORMWATER UTILITY SERVICE FEES WHEREAS, the Board of Trustees desires to set forth by ordinance certain provisions concerning its stormwater activity enterprise and to establish stormwater utility service fees to assist in the financing of stormwater facilities to serve the Town, to defray the costs of operating and maintaining stormwater facilities, and for other costs associated with the Town's stormwater activity enterprise; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Firestone Municipal Code is hereby amended by the addition of a new Chapter 13.11 to read as follows: Chapter 13.11 Stormwater Activity Enterprise and Stormwater Utility Service Fees Sections: 13.11.010. General purpose and policy. 13.11.020. Definitions. 13.11.030. Stormwater activity enterprise. 13.11.040. Stormwater utility service fee. 13.11.050. Use of service fees. 13.11.060. Administrative and judicial review. 13.11.070. Enforcement and penalties. 13.11.010. General purpose and policy. A. This chapter is adopted to further the purpose of the town to design, construct, install, improve, operate, maintain, repair and replace stormwater facilities for its own use and for the use of public and private users within and without the territorial boundaries of the town, and to establish a methodology and requirement for the payment of reasonable stormwater utility service fees for property owners to pay for a share of the costs of stormwater facilities reasonably necessary to manage stormwater. B. Furthermore, this chapter will promote the general public health, safety and welfare by reducing the potential for the movement of emergency vehicles to be impeded or inhibited during storm or flooding periods; by minimizing storm and flood losses, inconvenience, and damage resulting from runoff; by promoting activities which improve the water quality of runoff in the town; and by protecting the continued operation of other public utility services. 1 C. Notwithstanding the above, floods from runoff may occur that exceed the capacity of stormwater facilities constructed and maintained by funds made available pursuant to this chapter. This chapter does not imply that property subject to the fees and charges established herein will be free from stormwater flooding or flood damage. This chapter shall not create or imply any liability on the part of the town or any officer or employee thereof for any flood damage. Further, this chapter does not purport to reduce the need for any property owner to obtain flood insurance. 13.11.020. Definitions. For the purposes of this chapter, the following words and terms shall be defined as follows, unless the context in which they are used clearly indicates otherwise: Director means the Director of Finance of the Town of Firestone or such person's designee. Development means any man-made change to real property including, but not limited to, buildings or other structures, streets, parking lots, mining, dredging, filling, grading, paving, or excavating. Impervious surface means surfaces on or in real property where the rate of infiltration of stormwater into the earth has been reduced by the works of man. For purposes of this chapter, buildings, man-made structures, driveways, patio areas, roofs, concrete or asphalt sidewalks, parking lots or storage areas, and other bricked, oiled, macadam or hard -surfaced areas which impede passage of stormwater into the earth's surface are deemed to be impervious. Person means an individual, corporation, limited liability company, governmental agency, district, political subdivision, business trust, estate, trust, partnership, association, two (2) or more persons having a joint or common interest, or any other entity. Project costs means all costs of administration, coordination, management, design, planning, engineering, construction, reconstruction, installation, repair, replacement, improvement, and operation and maintenance of stormwater facilities, including but not limited to those costs to comply with federal, state or town laws regulating stormwater facilities or runoff, and also including but not limited to associated costs for acquisition of rights -of -way and other interests in land for stormwater facilities, contingencies, financing, legal, accounting and other professional services. Runoff means that part of snowfall, rainfall or other stormwatcr that is not absorbed, transpired, evaporated, or left in surface depressions, and that then flows controlled or uncontrolled into a street, storm sewer, watercourse or body of water. Service fee means the stormwater utility service fee established in this chapter. Stormwater facilities means any one or more of the following devices used in the collection, treatment, or disposition of storm, flood or surface drainage waters, including all 2 man-made structures or natural watercourses for the conveyance of runoff: detention areas, berms, swales, improved watercourses, channels, bridges, gulches, wetland areas, streams, gullies, flumes, culverts, gutters, pumping stations, pipes, ditches, siphons, catch 'basins, manholes, fittings, flared end sections, wingwalls, headwalls, and street facilities; all inlets and outlet structures; collection, drainage, or disposal lines; intercepting sewers; disposal plants; settling basins; emergency spillways; outfall sewers; all pumping, power, and other equipment and appurtenances; any other drainage facility that collects, conveys, deposits, detains, retains, and/or discharges stormwater; all extension, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such stormwater facilities. Watercourse means a stream having a body or banks and usually discharging into some other stream or body of water. 13.11.030. Stormwater activity enterprise. A. There is established a stormwater activity enterprise in the town, which is created as and deemed to be a "water activity enterprise" as defined in §35-45.1-102, C.R.S. and an "enterprise" as defined in Article X, Section 20 of the Colorado Constitution. Through said enterprise, the town will design, construct, install, improve, operate, maintain, repair and replace stormwater facilities and pay other project costs and perform other functions or duties authorized by law. Such stormwater facilities shall be owned by the town and operated in accordance with all applicable laws. 13.11.040. Stormwater utility service fee. A. Fee established. There is hereby imposed on the owner of each and every lot or parcel of land within the town a stormwater utility service fee (the "service fee"). The amount of such service fee shall be as set by resolution of the board of trustees from time to time, and shall include a "base fee" and a "developed fee" as follows: 1. Base Fee. A base fee shall be imposed on the owner of each and every lot or parcel of land within the town, except as provided in subsection C. 2. Developed Fee. In addition to the base fee, a developed fee shall be imposed on the owner of each and every lot or parcel of land containing an impervious surface, except as provided in subsection C. B. Basis for fee. The basis for the amount of the service fee is the extent to which each lot or parcel of land, whether undeveloped or developed, within the town makes use of the stormwater facilities. The service fee is also based on the cost of including the lot or parcel in the property and billing records, plans, and monitoring activities of the stormwater activity enterprise. The service fee is deemed reasonable and necessary to pay for the project costs of existing and future stormwater facilities. C. Exemptions. All railroad rights -of -way; public highways, roadways, streets, and alleys; and all facilities and land owned by the town, county, state, and federal government, and 3 any water district, sanitation district, fire protection district, school district, or library district shall be exempt from the service fee and all other charges imposed by this chapter. D. How fee collected. The service fee shall be billed and collected monthly for developed single-family detached and duplex attached residential fee classifications, and shall be billed and collected on a monthly, quarterly or semi-annual billing basis, as determined by the director, for all other fee classifications. The service fee shall be billed and collected with the town water bill or, in the event the lot or parcel is not served under a water account, then by separate billing. All billings and notices regarding the service fee shall be effective upon mailing said billing or notice to the address of the property that is being served or to the last known address of the property owner of the property being served as shown in the most current of the records of the town or county assessor. Regardless of the person to whom the bill is initially directed, the owner of the property is ultimately responsible for the payment of the service fee. All services fees are due upon the date stated in the bill. Failure to receive a bill is not a defense to nonpayment. E. Fee classifications. For purposes of imposing the stormwater service fee, all lots and parcels within the town are classified into the following two classes: single-family detached and duplex attached residential, and all others. Said two classes are to be further classified as developed or undeveloped, and single-family detached residential lots are to be further classified by lot size. The director is directed to prepare a list of lots and parcels within such classifications and assign thereto the appropriate fee. F. Chanizes in property. The owner of any non single-family detached or duplex attached residential property shall notify the director when any undeveloped, grassed landscaped or cultivated portion of the owner's property has been modified in any manner so as to create additional impervious area of ten percent (10%) of the total impervious surface area or one thousand (1,000) square feet of impervious surface area, whichever is less. The owner shall provide such notice with 30 days of the modification. The town shall have the right to assess additional stormwater service fees attributable to such modification from and after the date such modifications are completed. G. Additional fees. If any fees remain unpaid after the due date stated on the bill, the account shall be deemed delinquent and interest shall be assessed at the rate of one and one-half percent per month. A late fee of five dollars shall also be assessed on overdue amounts of twenty dollars or more. The service fee shall also be subject to additional charges for delinquent payment, uncollectible checks, liens and any other penalties, which shall be the same as those imposed in connection with town water utility charges. H. Relation to impact fees. The service fee set forth in this Section 13.11.040 shall be in addition to any drainage impact fees required to be paid pursuant to Chapter 3.20 of this Code. 13.11.050. Use of service fees. A. The town's stormwater activity enterprise shall hold all funds received by the 4 town under this chapter in a separate stormwater activity enterprise account and make expenditures thereof only for stormwater facilities or other authorized purposes of the stormwater activity enterprise. Additionally, the town may pledge service fees collected under this chapter and those anticipated to be collected to the retirement of the principal and interest of revenue or general obligation bonds issued by the town for financing of the costs of any stormwater facilities or other authorized purpose of the stormwater activity enterprise or for the purpose of refunding any obligations issued or otherwise contracted for such purpose. The town may also pledge service fees collected under this chapter and those anticipated to be collected to participate with any public entity or private party having a common interest in stormwater facilities that benefit the town. 13.11.060. Administrative and judicial review. A. Right to petition. A property owner may petition the director for a revision or modification of the service fee no later than thirty (30) days after having been billed for such charge. Any such petition may only be filed once in connection with the issue or issues presented in the petition, except upon a showing of changed circumstances sufficient to justify the filing of an additional petition. The basis for the petition is limited to the following issues: 1. For properties other than single-family detached and duplex attached residential, the impervious surface area on the property has been improperly measured or calculated. 2. The property is exempt from the service fee pursuant to section 13.11.040.C. 3. The property has been improperly assessed the developed fee. B. In writing. Any petition by a property owner shall be in writing, shall include the name, address and telephone number of such property owner, the address of the property subject the petition, and a concise statement of the fact giving rise to the petition and the relief requested by the petition. A petition brought under subsection A.1 of this section shall also be accompanied by a current lot survey or improvement location certificate prepared by a licensed surveyor that shows the property boundaries and surveyed limits of the impervious surface on the property. Any other relevant information in support of the petition shall be submitted with the petition. C. Informal meeting. The director or his or her designee may attempt to resolve the issues raised in the petition via a telephone conference or the director may recommend an informal meeting with the property owner. The director shall make a final decision on the petition within thirty (3 0) days of receipt of the petition and may confirm or modify the service fee or determination in accordance with the facts submitted. Such decision by the director shall be in writing and notice thereof shall be mailed to or served upon the petitioner within ten (10) days from the date of the director's action. Service by certified mail, return receipt requested, to the address of the property owner stated in petition shall be conclusive evidence of notice for the purpose of this chapter. Such action by the director shall be considered final, and the remaining total liability, if any, shall be paid on or before thirty (30) days after the date of the decision. 5 Any review of the director's final action shall be by the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. 13.11.070. Enforcement and penalties. A. Owner liable for fee. In the event any owner or owners of any lot or parcel of land within the boundaries of the town shall neglect, fail, or refuse to pay the service fees fixed and imposed pursuant to this chapter, such owner shall be liable to the town therefor and the town may pursue any remedy available at law or equity to enforce and collect the service. fees. The town may also recover, in addition to all fees and charges due, all court cost, attorney fees, and interest on the amount owing. B. Lien declared; certification. The board of trustees hereby finds and determines that it is the policy of the town that all stormwater facilities supplied and furnished by the town and supported by the service fee shall be deemed to be supplied and furnished to the real property so served without regard to the actual person, business, organization or entity billed for stormwater facilities. Accordingly, in addition to other civil collection procedures, all fees and charges, together with all interest and penalties for default in payment, and all costs in collecting the same, until paid, shall constitute a perpetual lien on the property, on a parity with the tax lien of general, state, county, city, town, or school taxes, and no sale of such property to enforce any general, state, county, city, town or school tax or other liens shall extinguish the perpetual lien for such fees, charges, interest, penalties, and costs. All delinquent service fees, together with accrued interest and penalties and all costs of collection incurred, shall be certified by the town to the county treasurer, pursuant to Section 31-20-105, C.R.S., as amended, and collected and paid over to the county treasurer in the same manner as taxes. C. Delinquency charges. Delinquent charges and fees may be collected as any other utility bill owed to the town at the option of the town. D. Remedies cumulative. No remedy provided herein shall be exclusive, but the same shall be cumulative; and the taking of any action hereunder shall not preclude or prevent the taking of any other action hereunder or the pursuit of any other judicial or administrative remedy, including with out limitation civil action for collection and action for injunctive relief to enjoin any violation of this chapter. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any Cel judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. This Ordinance and the amendments to the Firestone Municipal Code set forth herein shall take effect April 2, 2009. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 26th day of February, 2009. TOWN OF FIRESTON , COLORADO Chad Auer Mayor Attest: y He ood V~REsi, own Clerk S:Fires(one\Ordinance'Stormwater Program and Fee,ord (Final) ' ' ! 0 7 ORDINANCE N.O. AN ORDINANCE AMENDING :SECTION 17.31.030 OF THE FIRESTONE MUNICIPAL CODE REGARDING GARAGE; YARD AND ESTATE SALE SIGNS AND PUBLIC SIGNS AND AMENDING SECTION 17.31 "100 OF THE FIRESTONE MUNICIPAL CODE REGARDING OFF -SITE SIGNS WHEREAS, the Board of Trustees has previously adopted a sign code for the 'Town,_the provisions of which are codified in Chapters 17J0 and 17:31 of the Firestone Municipal Code and in related provisions of the Firestone Development Regulations; and WHEREAS, the Board of Trustees desires to amend Section 17.3:1.030 of the sign code regarding. the placement of signs advertising garage, yard and estate.saies and regarding public signs; and WHEREAS, the.Board of Trustees desires to amend Section 17.3.1..100 of the sign. code regarding .off. site signs, NOW, THEREFORE, BE IT ORDAINED BY THE .BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, C'OLORADO- Section 1. Chapter 17,31:00.0. of the-Tirestoiie Municipal Code is, hereby amended to read as follows (words to be deleted shown in stfi ; words to 'be added underlined): 17.31.030 Signs allowed without a permit. 0 Garage, Yard, and. Estate Sale Sighs. Signs directing, the public to a garage, yard, or estate, sale shall be allowed as follows: 1. Any number of garage, yard, orestate'sale signs may beJocated on private property. 2. No .such sign shall be posted on private or public property .or placed in. a public right-of-way except in compliance with this section. 3. All garage; yard, and estate sale: signs shall comply with all of the following requirements: a. No sign shall be attached to any utility pole, Utility box ar other public facility, or located within a median. area which separates vehicular traffic lanes. sty; or otherwise placed in a manner that creates ;a hazard for automobiles or pedestrian traffic; b. No sign shall be posted more than forty-eight (48) hours prior to the first day of the sale, or remain posted later than 7:00 p.m. on the day after the last day of the sale;, c. No sign.shall be larger than six (6) squarefeet; d. No sign shall be posted hillier than three 3 six (6)feet above ground level; and e. There shall be legibly stated on each sign the name, and address of the person conducting the garage, yard. or estate sale advertised thereby, and the end date of the sale advertised thereby. 4. A violation. of this subsection O. shall be punishable. by a fine in an amount of tip to one hundred dollars ($100.00). Section 2. Chapter 17.31.030.E, of the Firestone Municipal Code is hereby. amended to read as.follows (words to be deleted shown in art; words to be.added underlined); 17.3.1.030 Signs allowed without a permit. E. Public Signs. Signs erected by e-y inelu&ag t-Hell Ji'mited-to the federal government, the state of Colorado. eery; a*d or the town of .Firestone ;. but --not mineluding pfiyate . A,Mn r....nnmi�nrinr Section 3. Chapter 17.31,100.L. of the Firestone Municipal Code is here: by amended to read as .follows (words to be deleted shown in Wit; words to be added underlined 17:31.100 Prohibited signs. L. Any off -site sign (billb a..asi�'. not explicitly permitted by Section Chapter 17.31. -Section 4. if any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of tho.fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 2 Section:6. The -repeal or modification 'of miy pr ovision of the Miinicipbl Code .ofthe Town, of Firestone:: by th'i s ordinance shall not release,, extinguish, alter, modify, <or 'change in whole or in pat, any penalty, fbtfeiture; -or liabilit civil either c' ' �c mindl, which shall -1. have v or. ri y, been. incurred under such provision, -and each provision shall . be: treated and. hold: as still remainiqg 'in force for the -purpose. of sustaining1 all proper actions;. suitsprope�4i any.ai d. .,ti. , .ligs, and prosecutionsffi fot the entorceent of the penalty, forfeiture, or IiAbili as.: well f s 0 y the PurpP$e,1Of;sustami9 :n 'any pd.gment,-decrce, or:.order -which can or rftay ho, �fendered, entered_nor . nl* in'su(h actions, suit' cc i . pro e. digs, or:p rosodiffib. ns., : INTRODUCED, R'EAD, ADOPTED, APPRQV`ED,. AND ORDERED PUBLIS11MIN FULL'this 1 4 ay' -of -m at ck- 2009.. Attest: V Y.Heg6kod L-I /I . own._Clerk TOWN - OFFIRESTONE,; COLORADO Gha&Auer mayor- ..3 ORDINANCE NO. l It AN ORDINANCE ADOPTING A NEW SECTION 5.08.140 CONCERNING DISTURBANCES AT LIQUOR ESTABLISHMENTS WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to adopt provisions making it unlawful for persons licensed to sell alcoholic beverages to permit unlawful or disorderly acts, conduct, and disturbances at the licensed premises, and requiring licensees to report such acts to the Firestone Police Department; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Section 1. Chapter 5.08 of the Firestone Municipal Code is hereby amended by the addition of a new Section 5.08.140 to read as follows: 5.08.140. Disturbances at licensed premises. (a) It shall be unlawful for any licensee or any agent, manager, or employee thereof to permit or in any manner encourage or participate in any unlawful or disorderly act, conduct, or disturbance at the licensed premises; provided, however, that the licensee may use such lawful means as may be necessary to protect his or her person or property from damage or injury. (b) Any licensee and any agent, manager, or employee thereof shall immediately report to the Town police department any unlawful or disorderly act, conduct, or disturbance committed at the licensed premises. (c) Each licensee shall post and keep at all times visible to the public in a conspicuous place on the premises, a sign with a minimum height of fourteen (14) inches and a minimum width of eleven (11) inches with each letter to be a minimum of one-half (1/2) inch in height, which shall read as follows: WARNING: THE TOWN OF FIRESTONE POLICE DEPARTMENT MUST BE NOTIFIED OF ALL UNLAWFUL OR DISORDERLY ACTS, CONDUCT, OR DISTURBANCES WHICH OCCUR ON OR WITHIN THE PREMISES OF THIS LIQUOR ESTABLISHMENT. (d) It shall not be a defense that the licensee was not personally present on the premises at the time such unlawful or disorderly act, conduct or disturbance was committed; however, no agent, servant or employee of the licensee shall be personally responsible for failing to report an unlawful or disorderly act, conduct or disturbance hereunder if such agent, servant or employee was absent from the premises at the time such activity was committed. (e) Failure to comply with the requirements of this section shall be considered in any action relating to the issuance, revocation, suspension, or nonrenewal of a license or the cancellation, revocation, or suspension of a temporary or special events permit. A violation of this section shall also constitute a criminal offense punishable as provided in Section 1.16.010 of this Code. Section 2. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. . Section 4. The repeal or. modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 1NTRQDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ��'day of tjV&&� _ , 2009. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor Attest: f • 0w/ytitn dy Hegfoodti p Town Clerk S:Tire9oncl0rdinanccUjgoor Establishment Dis"rbance .ord G ORDINANCE NO. % I -�— AN EMERGENCY ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE AND ,THE FIRESTONE PERSONNEL POLICY MANUAL TO REPLACE ALL REFERENCES TO THE TERM "TOWN ADMINISTRATOR" WITH THE TERM "DIRECTOR OF OPERATIONS" WHEREAS, Chapter 2.10 of the Firestone Municipal Code establishes the position of the Town Administrator and sets forth the powers and duties of that position; and WHEREAS, there are references to the Town Administrator in a number of sections of the Firestone Municipal Code; and WHEREAS, there are also references to the Town Administrator in a number of sections of the Firestone Personnel Policy Manual; and WHEREAS, the position of Town Administrator has been re -titled as Director of Operations; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code and the Firestone Personnel Policy Manual to replace all references to the term "Town Administrator" with the term "Director of Operations;" NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. Section 1. The Firestone Municipal Code is hereby amended such that all references therein to the term "Town Administrator" are changed to the term "Director of Operations," and the Board of Trustees hereby directs the codifier of the Firestone Municipal Code to prepare such revisions and supplements to the Firestone Municipal Code as are necessary or appropriate to effect such amendment. Section 2. The Firestone Personnel Policy Manual is hereby amended such that all references therein to the term "Town Administrator" are changed to the term "Director of Operations," and the Board of Trustees hereby directs the Town Staff to prepare such revisions and supplements to the Firestone Personnel Policy Manual as are necessary or appropriate to effect such amendment. Section 3. If any 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 Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The Board of Trustees herewith finds, determines, and declares that this ordinance is necessary to the immediate preservation of public property, health, welfare, peace, or safety, in order to effectuate as timely as possible the change of position title noted herein. This ordinance shall take effect upon adoption and signing by the Mayor if approved by three - fourths of the members of the Board of Trustees. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this nd day of A 2009. TOWN OF FIRESTONE, COLORADO c4j'k� Chad Auer Mayor Attest: j q.,tq dy He ood F�R�sro . Town Clerk f•••.TowN •�� 3/20l2009 8:38 AM[nac]S:TiresionelOrdinancelDirector of Operations.ord r 2 '' �'�� IIiIIIIIIIIIIIIIIIIIIIIIlIIIIIIIIIIIQIIIIIIIIIIIIIIIIII � 3746262 01/21/2011 03'28P VMd CaunVV , CO - 1 of 40 R 206_00_ C 0.00 Steve Moreno Cleric & Recorder ORDINANCE NO.713 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT WITH LIFEBRIDGE CHRISTIAN CHURCH, AUTHORIZING EXECUTION OF SUCH AGREEMENT NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE. COLORADO: Section 1. Recitals. A. The Town of Firestone (the "Town") is a municipal corporation of the State of Colorado. B. Lifebridge Christian Church, a Colorado nonprofit corporation ("Owner") is the fee owner of certain property proposed to be annexed into the Town comprising approximately 313 acres and generally known as Union Annexation (as more particularly defined in the Public Improvements Reimbursement Agreement described below, the "Property"). C. Owner intends to develop the Property as a phased, mixed -use development including, but not limited to, religious, commercial/retail and residential uses (the "Project"). D. Certain portions of the improvements anticipated to be necessitated by development of the Property are to be owned, operated and maintained by the Town, metropolitan districts, water and/or sanitation district(s) or the Colorado Department of Transportation (as more particularly defined in the Public Improvements Reimbursement Agreement described below, the "Public Improvements"). E. Because of the location of the Project with respect to existing utility services, the condition of existing streets providing access to the Project and other existing conditions of the Property and other properties in the vicinity thereof, the scope of required Public Improvements and the cost of constructing the Public Improvements is anticipated to be significant and extraordinary. F. The Town presently has no budgeted funds to construct the Public Improvements anticipated to be necessitated by, and required by the Town in connection with, the development of the Property. G. The Town desires to cooperate in the development of the Property and the funding of the Public Improvements. H. In furtherance of the foregoing, the Owner has presented to the Town a proposed Public Improvements Reimbursement Agreement (Union Annexation) (the 4829-9092-5827.2 1 3746262 01/21/2011 03:28P Weld County, CO 2 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder "Agreement") between the Owner and the Town, pursuant to which the Town would cooperate in the funding of certain Public Improvements through the reimbursement of certain costs associated with the construction and completion of Public Improvements from certain revenues generated from anticipated retail sales tax generating land use components within the Property, subject to the limitations set forth in the Agreement. I. The effectiveness of the Agreement is conditioned upon, among other matters, the recordation in the real property records of Weld County, Colorado of an annexation ordinance and annexation maps with respect to the annexation of the Property into the Town. J. The Board finds that development of the Project with a significant retail sales tax generating land use component facilitated by the construction of the Public Improvements, and the cooperation between the Town and the Owner with respect to funding of the Public Improvements, is consistent with and necessary to timely achieve the Town's economic goals and objectives and to otherwise promote the best interests of the Town. K. The Board finds that the proposed Agreement is appropriate to further such economic goals and objectives with respect to the Project. L. The Board does not consider the proposed Agreement to represent a policy change of the Town, but rather views the proposed Agreement as a unique opportunity to stimulate development activity within the Town. M. The Board finds that the development of the Project, the construction of the Public Improvements and the reimbursements by the Town contemplated by the Agreement are in the best interests of the Town. Section 2. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. Approval of A _eL. The Agreement between the Town of Firestone and Owner, a copy of which is attached hereto as Exhibit A and incorporated by this reference, is hereby approved. Section 4. Authorization to Execute Agreement. The Mayor and Town Clerk are hereby authorized to execute the Agreement on behalf of the Town, on condition that the Agreement is first executed by Owner; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 5. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer 4829-9092-5827.2 2 3746262 01/2112011 03:28P Weld County, 00 l 3 of 40 R 206.00 C 0.00 Steve Moreno Clerk & Recorder—, shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 14th day of May, 2009. Attest: ju�dylHood Town Clerk TOWN OF FIRESTONE CLJ A(^ - Chad Auer Mayor Exhibit A Copy of Public Improvements Reimbursement Agreement {On File in the Office of the Firestone Town Clerk} FIRES TO fir.. 0wiv �0 4829-9092-5827.2 3 .. Illllll llill lllllllilll lllll llllllllill 111 lllllllli 1111 3746262 01/21/2011 03:28P Weld County, CO 4 of 40 R 206.00 O 0.00 Sieve Moreno Clerk & Recarder *1411 1110011 Wail f IIIIIIIIII Hill 1111111111111111111111 HE 11111111111111111 fill IN 3746262 01/21/2011 03:28P Weld Count , Co ,, of 40 R 206.00 C 0.00 Steve Moreno Clerk & Recorder PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT (UNION ANNEXATION) THIS PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT (this "PIRA"), is made and entered into as of the,�day of �� ��k . _, 2009; by and between the TOWN OF FIRESTONE, COLORA.DO, a municipal co oration of the State of Colorado (together with its successors and assigns, the "Town"), and LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation (together with its successors and assigns, "Owner"). RECITALS This PIRA is made with respect to the following facts: A. Capitalized terms used in this PIRA have the meanings set forth in Article I of this PIRA. B. Owner is the fee owner of the Property and intends to develop the Property as a phased, mixed -use development including, but not limited to, religious, civic, commercial/retail and residential uses, all as more fully and specifically set forth in and subject to the terms, limitations and conditions of the ODP, as may be amended from time to time (the "Project"). C. Owner and/or subsequent Developers, in cooperation and in conjunction with the Infrastructure Provider, anticipate designing, financing and constructing infrastructure and related improvements to serve the Project with a total principal capital cost in excess of $50,000,000, a subset of which improvements are set forth in Exhibit C of this PIRA (as further described in Section 1.38, the "Public Improvements") with respect to which Credit PIF Revenues may be utilized for reimbursement of Eligible Costs, subject to the Cap Amount and other terms, limitations and conditions of this PIRA. D. Because of the location of the Project with respect to existing utility services, the condition of existing streets providing access to the Project and other existing conditions of the Property and other properties in the vicinity thereof, the scope of required Public Improvements and the cost of constructing the Public Improvements shall be significant and extraordinary. E. The Town presently has no budgeted funds to construct the Public Improvements, and generally requires that the costs of public improvements necessitated by development be advanced by the developer. F. The Board has determined that development of the Project as contemplated in the ODP and facilitated by the construction of the Public Improvements, and the cooperation among the Town, Owner, Developers and the Infrastructure Provider as contemplated by this PIRA with respect to funding of the Public Improvements, is consistent with and necessary to timely achieve the Town's economic goals and objectives and to otherwise promote the best interests of the Town. 829507,22 illllllllilllllllillllil�lllli�llllllllllllllillilll�ll 3746262 01/21/2611 03:25P Weld CoUnty, CO 6 of 40 R 206.00 D 0.00 Steve Moreno Cierls & Recorder G. Development of the Property in accordance with the ODP, the Annexation Agreement and this PIRA is anticipated to benefit the Town's finances through the addition of significant sales taxes, use taxes, and property taxes; to benefit the local economy through new .resident spending and construction spending; to provide for orderly, well planned growth in accordance with the policies and goals stated in the Town's master plan; to promote diversity of housing stock within the Town; and to otherwise promote the goals of the Code. H. In approving this PIRA, the Board does not consider this PIRA to represent a policy change of the Town, but rather views this PIRA as a unique opportunity to stimulate economic activity within the Project area. NOW, THEREFORE, in consideration of the recitals set forth above, which are fully incorporated herein by reference, and the mutual covenants, agreements and provisions contained in this PIRA, the receipt and sufficiency of which are hereby acknowledged, the Parties covenant and agree as follows: ARTICLE I DEFINITIONS For the purposes of this PIRA, the following terms shall have the meanings set forth below. Section 1.01 Accrued Interest. Interest accrued on the principal component of Eligible Costs described in Section 1.21(a) by application of a per annum simple interest rate of 5.5%. Interest on the unreimbursed principal amount of such Eligible Costs of any particular Public Improvement funded directly by the Infrastructure Provider (including from the proceeds of bonds or other financing instruments issued for such purpose) or from advances made by Owner or another Developer pursuant to reimbursement agreements entered into with the Infrastructure Provider for such purposes, shall accrue by application of a per annum simple interest rate'of 5.5% commencing on the later of (a) the date of the Town's written "conditional acceptance" of the applicable Public Improvements, or (b) the Credit PIF Release Date, and continuing through and including the date on which there is made available to the Infrastructure Provider or bond trustee, as applicable, in accordance with a certification submitted as provided in Section 4.07, Credit PIF Revenues in reimbursement of the principal amount of the Eligible Costs. Credit PIF Revenues shall be deemed "made available to the Infrastructure Provider or bond trustee" at such time as such amount of Credit PIF Revenues is on deposit with the PIF Collecting Agent/Trustee, the Credit PIF Release Date has occurred, and the Town has consented to or is deemed to have consented to a certificate for the related Eligible Costs in accordance with Section 4.07 hereof, notwithstanding that such amount may not have been disbursed by the PIF Collecting Agent/Trustee to or at the direction of the Infrastructure Provider or to the bond trustee, as applicable. For the avoidance of doubt, interest accrued on the principal component of Eligible Costs described in Section 1.21(a) shall continue to accrue if the Infrastructure Provider reimburses Developer(s) from proceeds of bonds or other financing instruments issued for such purpose until such time as Credit PIF Revenues have been received by the Infrastructure Provider or bond trustee, as applicable, in an amount sufficient to fully satisfy the reimbursement of such Eligible Costs. Credit PIF Revenues shall be deemed to be applied to Accrued Interest prior to reimbursement of principal amount of Eligible Costs. Notwithstanding any provision of this Section 1.01 to the contrary, Accrued Interest on the principal component of Eligible Costs 829507.22 2 3746262 0112112011 03:28P Weld County, CO !7_ of 40 R 206.00 _D 0.00 Steve Moreno Clerk Recorder described in Section 1.21(a) shall accrue for a period not to exceed 60 days from the date of the Town's "conditional acceptance" of the applicable Public Improvement with respect to such Eligible Costs if (i) the Credit PIF Release Date has occurred; and (ii) there are Credit PIF Revenues on deposit with the PIF Collecting Agent/Trustee in an amount sufficient to pay the unreimbursed principal amount of the Eligible Costs of such Public Improvement. Section 1.02 Add -On PIF. The component of the PIF which shall beset at a rate to be established by Owner in accordance with the terms, limitations and conditions of the PIF Covenant, and which shall be applied to Taxable Transactions (and such other transactions as may be authorized under the PIF Covenant from time to time) before the calculation of applicable sales taxes and/or use taxes, but which is not offset by a Sales/Use Tax Credit. Section 1.03 Add -On PIF Revenues. The revenues generated from imposition and collection of the Add -On PIF pursuant to the terms of the PIF Covenant. Section 1.04 Annexation Agreement. That certain Annexation Agreement (Union Annexations) pertaining to the Property as approved by the Board and executed by the Parties in connection with annexation of the Property. Section 1.05 Approved Plans. The following documents for the Project, which shall be in the form required and approved by the Town, as amended from time to time with the approval of the Town and the applicable Developer: (i) the ODP; (ii) each Preliminary Development Plan and each Final Development Plan (as such terms are defined in the Code), whether approved prior or subsequent to the Effective Date for all or any portion of the Project; (iii) each Preliminary Plat and each Final Plat (as such terms are defined in the Code), whether approved prior or subsequent to the Effective Date for all or any portion of the Project; (iv) the Final Utility Plan; and (v) each Development Agreement, whether approved prior or subsequent to the Effective Date for all or any portion of the Project. Section 1.06 Board. The Board of Trustees of the Town of Firestone, Colorado, as it may be constituted from time to time. Section 1.07 Cap Amount. The total aggregate principal amount of Fourteen Million Dollars ($14,000,000) plus Accrued Interest and Financing Costs, which is the maximum amount of Credit PIF Revenues available under the terms, limitations and conditions of this PIRA to reimburse the Infrastructure Provider for Eligible Costs. Section 1.08 CDOT. The Colorado Department of Transportation. Section 1.09 Code. The municipal code of the Town of Firestone, as amended from time to time. Section 1.10 Construction Activities. Construction activities within the Project which are subject to the Town's use tax pursuant to the Code, are subject to the Sales/Use Tax Credit pursuant to the terms of this PIRA, and are subject to the PIF pursuant to the terms of this PIRA and the PIF Covenant. Section 1.11 Covered Losses. As defined in Section 6.04(b). 829507.22 3 �I III�II I�III IIIIII �I�1{ Idl[i llli�l I�I�I 3746262 01/21/2011 03:28P Weld Moreno � County, Coy 8 of 40 R 206.00 D 0.00 Steve M renoClerk & Recorder Section 112 Credit PIF. The component of the PIF that is set at the rate of one percent (1.0%) pursuant to the PIF Covenant, and which when applied to and collected on Taxable Transactions occurring during the Credit PIF Period shall result in an offsetting credit against the sales and use tax obligation under the Code pursuant io the terns of the Sales/Use Tax Credit as provided in this PIRA. Section 1.13 Credit PIF Period. As more specifically set forth in Section 4.03 of this PIRA, the period during which the Sales/Use Tax Credit is in effect. Section 1.14 Credit PIF Release Date. The date on which the Town issues a certificate of occupancy for, in the aggregate with any previously issued certificates of occupancy, the 50,0001s building square foot of retail sales generating space within the Property. Section 1.15 Credit PIF Revenues. The revenues generated from the Credit PIF, together with all interest earned thereon while on deposit with the PIF Collecting Agent/Trustee. Section 1.16 Cure Period. As defined Section 6.01(d). Section 1.17 Developer(s). Collectively or individually as dictated by the context, Owner and any successor owner of all or any part of the Property, which has undertaken to construct a portion of the Public Improvements as evidenced by execution of a Development Agreement; provided, however, that no individual homeowner shall be considered a Developer or subject to liability or any benefit as a Developer under this PIRA except to the extent such individual homeowner also has undertaken to construct a portion of the Public Improvements as evidenced by execution of a Development Agreement. Section 1.18 Development Agreement(s). One or more agreements executed from time to time by a Developer of the relevant area of the Property (and/or by the Infrastructure Provider) and the Town governing the design, planning, engineering and construction of the Public Improvements, the posting of security for the same, the procedure for inspection and acceptance of the same by the Town, and other relevant provisions concerning the completion of the Public Improvements and development of the Project. Section 1.19 District(s). Collectively or individually as dictated by the context, one or more metropolitan districts containing within their service area(s) all or any portion of the Property,. and such additional property as may be approved by the Town (which approval may be pursuant to the Town's approval of service plan(s) including such property within their service area(s)), and formed or to be formed pursuant to Article 1, TitIe 32 of the Colorado Revised Statutes for the purpose, among others, of facilitating the financing and construction of the Public Improvements; one of which such Districts may be designated as the Infrastructure Provider pursuant to the terms, limitations and conditions of this PIRA and an intergovernmental agreement, if any, and all of such Districts shall be operated in accordance with the terms, limitations and conditions of their respective service plans as approved by the Town (or as accepted by the Town in connection with the Town's acceptance of the designation of approving authority pursuant to C.R.S. § 32-17204.7), including compliance with any applicable obligations and limitations set forth in this PIRA. 829507.22 4 3746262 01/21/2011 03:28P Weld County, CO 9 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder Section 1.20 Effective Date. The date of the recordation in the Records of the annexation ordinances and annexation maps for the Property in accordance with C.R.S. § 31-12- 113(2)(C)(II)(A). Section 1.21 Eligible Costs. The following, subject to the Cap Amount and the other terms, limitations and conditions of this PIRA and excluding costs for non -engineered design, planning, legal, accounting, overhead or administrative staffing, financing (excepting the Financing Costs) and other associated "soft" costs: (a) As more particularly described in Exhibit C of this PIRA, the principal amount of the actual costs of engineering, construction engineering, construction survey and construction (labor and materials) of the Public Improvements, whether paid directly by the Infrastructure Provider or funded from advances by Developer(s), (b) Accrued Interest, and (c) Financing Costs. Section 1.22 Event of Default. As defined in Section 6.01. Section 1.23 Exhibit(s). Individually, one of the following Exhibits to this PIRA and/or, collectively, all of the following Exhibits to this PIRA, as the context dictates, which Exhibits are incorporated into and made a part of this PIRA: Exhibit A: Legal Description of the Property Exhibit B: Form of Certification for Reimbursement of Eligible Costs Exhibit C: Schedule of Public Improvements and Eligible Costs Section 1.24 Final Utility Plan. One or more utility plans for the Project, as approved and signed by the Town. Section 1.25 Financing Costs. The costs of issuance of bonds or other financing instruments of the Infrastructure Provider issued to fund the Public Improvements, in whole or in part, which may include, but are not limited to, underwriting discount, placement agent and financial advisor fees, subject to the further limitations of this Section 1.25; provided, however, that the total amount of such costs eligible for reimbursement from Credit PIF Revenues shall not exceed, in the aggregate, $500,000, and, with respect to any particular issue of bonds or other financing instrument, shall not exceed 3% of the principal amount of such bonds or other financing instrument; and further provided that, if net proceeds of the related bonds or other financing instruments (excluding amounts to be applied to reserve funds, capitalized interest and costs of issuance) fund improvements in addition to the Public Improvements, the amount of such cost of issuance constituting Financing Costs hereunder shall be limited to the percentage thereof equal to the percentage that the net proceeds of the bonds or other financing instruments to be applied to Public Improvements represents of the full amount of net proceeds, based upon 829507.22 5 IIII!llltlllllllllll I!!IlIIIlII IIIlIIII Illilll I �3146262 01/211201 1 03:28P Weld County. CO j 10 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder the reasonable expectations of the Infrastructure Provider at the time of issuance of the bonds or other financing instruments. Financing Costs shall not include legal fees, principal and interest due on the bonds or other financing instruments, reserve funds or capitalized interest. Section 1.26 Infrastructure Provider. The entity, which may be either a PIC or a District, as otherwise provided in this PIRA, which has been or shall be formed and operated for the purpose of, among others, receiving Credit PIF Revenues in order to facilitate financing and construction of the Public Improvements, subject to the terms of this PIRA, the PIF Covenant and an intergovernmental agreement, if any, and/or receiving the Add -On PIF Revenues generated from the Property (and any other legally available revenues) in order to facilitate financing and construction of additional infrastructure, public and private improvements, and performing other functions contemplated by and subject to the terms of the PIF Covenant and an intergovernmental agreement, if any; provided, however, for purposes of this PIRA, there may be only one entity designated as "Infrastructure Provider" at any given time, which designation shall be made effective by such entity's execution of the Infrastructure Provider signature page addendum to this PIRA in accordance with Section 7.01. No entity shall constitute the Infrastructure Provider hereunder and be entitled to the rights provided herein until such time as it has executed such addendum hereto. Section 1.27 ODP. The Outline Development Plan for Union as approved by the Board, and which constitutes the approved PUD zoning for the Property. Section 1.28 Owner. As defined in the introductory paragraph of this PIRA. Section 1.29 Party(ies). Individually or collectively, as the context dictates, (i) the original signatory or signatories of this PIRA, (ii) after satisfaction of the requirements set forth in Section 7.01, the Infrastructure Provider, and, (iii) to the extent of any written assignment by a Party of that Party's rights under Section 7.01 of this PIRA a copy of which has been delivered to the other Parties pursuant to Section 7.10 of this PIRA, such assignee. Section 1.30 PIC. The non-profit corporation that Owner may establish to function as the Infrastructure Provider. Section 1.31 PIF. Collectively, the Credit PIF and the Add -On PIF, which are public improvements fees to be imposed by Owner through recordation of the PIF Covenant. Section 1.32 PIF Covenant. That certain privately imposed Declaration of Covenants Imposing and Implementing the Union Public Improvements Fee to be recorded by Owner as a covenant burdening and benefiting the Property, as amended from time to time in accordance with its terms. Section 1.33 PIF Collecting Agent/Trustee. The entity to be engaged by the Owner and/or the Infrastructure Provider as the collecting agent and trustee for disbursement and accounting of PIF revenues pursuant to a PIF Collection Services and Trustee Agreement as in effect from time to time, and which is authorized to undertake the duties of the PIF Collecting Agent/Trustee as described in Section 4.05 of this PIRA. 829507.22 6 Mill111111111111111 •28P Weld County: C0 3746262 01121/2011 03. 11 Qt 40 _R 206,00D OAQ Steve Moreno Clerk & Recorder Section 1.34 PIF Collection Services and Trustee Agreement. An agreement pursuant to which the PIF Collecting Agent/Trustee shall collect, disburse and account for the Credit PIF Revenues in accordance with the terms, limitations and conditions of this PIRA and of the PIF Covenant, and may collect, disburse and account for the Add -On PIF Revenues in accordance with the terms, limitations and conditions of the PIF Covenant. Section 1.35 PIRA. As defined in the introductory paragraph of this PIRA. Section 1.36 Project. As defined in Recital B of this PIRA. Section 1.37 Property. The real property that is legally described in Exhibit A of this 2 M., Section 1.38 Public Improvements. Collectively, as described in Exhibit C of this PIRA, and subject to the terms, limitations and conditions specifically set forth therein, the public improvements, infrastructure and related amenities required or to be required in connection with development of the Project, which shall be owned by the Town, a District (with prior written approval of the Town, which may be within the District's service plan or otherwise documented), a water and/or sanitation district or CDOT. Section 1.39 Records. The real property records of the Weld County, Colorado, Clerk and Recorder. Section 1.40 Related Parties. As defined in Section 6.04(b). Section 1.41 Sales/Use Tax Credit. The credit against Town use tax (on building materials only) and Town sales tax on Taxable Transactions occurring within the Property, which the Town shall consider and take final action on in accordance with Section 4.02 of this PIRA, in an amount equal to the amount of Credit PIF Revenues imposed and collected on such Taxable Transactions and subsequently received by the PIF Collecting Agent/Trustee at all times during the Credit PIF Period. Section 1.42 Taxable Transaction. The sale or provision of goods or services which is subject to Town use taxes (on building materials only) and/or Town sales taxes. Section 1.43 Town. As defined in the introductory paragraph of this PIRA. ARTICLE II PURPOSE AND EFFECT Section 2.01 Purpose and Effect. The purposes of this PIRA are to (i) establish the cooperative funding arrangement described in this PIRA with respect to facilitating the design and construction of the Public Improvements required to enable development of the Project within the Property; and (ii) implement the cooperative funding arrangement through use of the Credit PIF and Sales/Use Tax Credit mechanism. Section 2.02 Recordation; Covenants. Upon the later to occur of (i) the Effective Date, (ii) mutual execution of this PIRA after Board approval as provided in Section. 2.01 of this 829507.22 7 3746262 01/21/2011 03:28!' Weld County., CO 12 of 40 R 206,00 U 0.00 Steve Moreno Clerk & Recorder PIRA, (iii) the effective date of the ordinance approving this PIRA, or (iv) the date on which the ordinance establishing the Sales/Use Tax Credit becomes legally effective, the Town shall cause this PIRA, or a memorandum of this PIRA in a form reasonably approved by the Parties, to be recorded at Owner or Developers' cost in the Records for the purpose of providing record notice of this PIRA. Upon recordation as provided in this Section 2.02 and subject to the terms, limitations and conditions set forth in this PIRA, the burdens and benefits of this PIRA shall bind and inure to the benefit of all Parties and all successors in interest to the Parties, subject, however, to the restriction on assignment pursuant to Section 7.01 of this PIRA. As between the Parties, the validity or enforceability of this PIRA shall not be affected by any delay in or failure to record this PIRA (or memorandum thereof) as provided herein. ARTICLE III REPRESENTATIONS AND COVENANTS Section 3.01 Representations of the Town. (a) The Town represents that, as of the date of the Town's execution of this PIRA: (1) The Town is a municipal corporation of the State of Colorado; (2) Except with respect to the annexation of the Property to the Town, there is no litigation or administrative proceeding pending seeking to question the authority of the Town to enter into this PIRA or implement or perform the Sales/Use Tax Credit, and the Town is unaware of any such litigation or proceeding that has been threatened; and (3) The Town reasonably believes that it has the authority to enter into this PIRA and to implement the Sales/Use Tax Credit, and, assuming such authority, the Board has duly authorized this PIRA to be executed on behalf of the Town. By entering into this PIRA, Owner, Developers and Infrastructure Provider (upon its execution hereof) acknowledge and accept that no representation or warranty of enforceability of this PIRA or of the Sales/Use Tax Credit is made by the Town. (b) Each of the representations contained in this Section 3.01 are acknowledged by the Town to be material and are intended to be relied upon by Owner in its execution of this PIRA and implementation of the Credit PIF. Prior to the Effective Date and from time to time, as applicable, the Town shall deliver timely written notice to Owner regarding any changes, exceptions or qualifications with respect to the accuracy of such representations as of such date. Subject to the foregoing, the Town's representations shall be deemed to have been remade by the Town as of the Effective Date. Section 3.02 Covenants of the Town. (a) The Town covenants that it shall cooperate with Developers in Developers' efforts to defend against any challenge or litigation brought by a third party concerning the Public Improvements, the Sales/Use Tax Credit or this PIRA; provided, however, that the Town is not obligated to expend any monies or incur any expenses for such defense, including without limitation attorneys' fees, costs, or any other professional fees. 829507.22 8 ';� IIIIIIIIIIIIIIIIIIIIlIIIIIIIlllllllilllllllllllllllllll 3746262 01/21/2011 03:28P Weld County, CQ i3 of 40 R 206.00 D 0.00 Steve Moreno a,ierk & Recorder (b) The Town shall deliver notice of the Credit PIF Release Date to Owner and the PIF Collecting Agent/Trustee in accordance with Section 4.05(a). Section 3.03 Covenants by Owner, Developers and Infrastructure Provider. Owner, on behalf of itself and any successor Developer(s), and by becoming a Party to this PIRA pursuant to Section 7.01, the Infrastructure Provider, hereby respectively covenant: (a) Subject to the terms, limitations and conditions of this PIRA, it shall cause construction of each phase of the Project that is undertaken by the Infrastructure Provider or such Developer(s) to be accomplished in a manner consistent with the Approved Plans. Nothing in this PIRA has obligated the Town to approve such plans, as such approval remains subject to the Town's normal land development review process as noted in Section 7.12. (b) In constructing and placing the Project in operation, and with respect to the Public Improvements, it shall comply with: (1) except to the extent otherwise provided in the Annexation Agreement or the ODP for the Project, Town ordinances, the Code, resolutions, rules, regulations and procedures, including without limitation all zoning and subdivision codes, development regulations, uniform codes, street and utility construction and design requirements, and the Final Utility Plan; (2) all applicable federal, state and county statutes, codes, rules, regulations, and ordinances; (3) any applicable requirements of quasi -municipal entities providing services to the Project (e.g., water and sewer services); and (4) the Development Agreement(s). (c) As a condition to the PIF Collecting Agent/Trustee's disbursement of Credit PIF Revenues to the Infrastructure Provider pursuant to this PIRA for the purpose of reimbursing Owner or any applicable Developer for any Eligible Costs it has advanced to, on behalf of, or otherwise for the benefit of the Infrastructure Provider, Owner or such Developer, as applicable, shall provide to the PIF Collecting Agent/Trustee and the Town a certification of such costs from a licensed Colorado civil engineer pursuant to the terms, limitations and conditions of Section 4.07 of this PIRA. (d) It shall ensure that any monetary encumbrance or lien that has been or may be created on or attached to any Public Improvements, whether by voluntary act of the applicable Developer or otherwise, shall be removed in its entirety prior to the conveyance of any Public Improvements to the Town or other quasi -municipal entities providing services to the Project (e.g., water and sewer services), as applicable, such that the same are free and clear of any lien or monetary encumbrance. (e) It shall comply with the indemnity obligations as set forth in Section 6.04(b) of this PIRA. (f) The Project shall comply with all requirements of the Town for security for construction of the Public Improvements and the execution of the Development Agreement(s). (g) In accordance with and as more particularly set forth in Section 4.01, Owner shall deliver the PIF Covenant and PIF Collection Services and Trustee Agreement, and any proposed amendments thereto, to the Town for the Town's review and confirmation as to conformity with this PIRA. 829507.22 9 l l�llll ��ll� llllll �l�ll l�ll� lli�ll ll��l 111 �illl� 111 loll 3746262 01/21/2011 03:28P Weld County, CO �14 of 40 R 206_00 D 0.00 Steve Moreno Clerk & Recorder Section 3.04 Representations of Owner. (a) Owner represents that, as of the date of Owner's execution of this PIRA: (1) Owner is a corporation duly organized and validly existing under the laws of the State of Colorado, is authorized to do business in the State of Colorado, is not in violation of any provisions of its organizational or operating agreements, has the power and legal right to enter into this PIRA and has duly authorized the execution, delivery and performance of this PIRA by proper action, which PIRA shall be enforceable against Owner in accordance with its terms; (2) The consummation of the transactions contemplated by this PIRA shall not violate any provisions of the governing documents of Owner or constitute a default or result .in the breach of any term or provision of any contract or agreement to which Owner is a party or by which it is bound; (3) Except with respect to the annexation of the Property to the Town, there is no litigation, proceeding or investigation contesting the power or authority of Owner with respect to the Property, the Project or this PIRA, and Owner is unaware of any such litigation, proceeding, or investigation that has been threatened; and (4) Owner is the sole owner of fee title to the Property, subject to easements, restrictions, reservations and rights -of -way of record. (b) Each of the representations contained in this Section 3.04 are acknowledged by Owner to be material and are intended to be relied upon by the Town in proceeding with this transaction. Prior to the Effective Date and from time to time, as applicable, Owner shall deliver timely written notice to the Town regarding any changes, exceptions or qualifications with respect to the accuracy of such representations as of such date. Subject to the foregoing, Owner's representations shall be deemed to have been remade by Owner as of the Effective Date. Section 3.05 Mutual Covenants Regarding Development Obligations. (a) To the extent that this PIRA does not specifically allocate Public Improvements obligations, the allocation shall be set forth in Development Agreement(s) and Approved Plans, as applicable. The Parties acknowledge that Public Improvements obligations and reimbursement rights addressed in this PIRA may also pertain to the Infrastructure Provider to the extent the Infrastructure Provider has assumed the obligations of a Developer and/or incurred Eligible Costs for Public Improvements pursuant to the terms of this PIRA and/or Development Agreement(s). Each Development Agreement entered into after the Effective Date shall require an improvement guarantee assuring completion of the applicable Public Improvements as required by the Code, and as more particularly described in the applicable Development Agreement. (b) Notwithstanding the foregoing, the Parties further acknowledge that Public Improvements obligations established by such Development Agreements could be undertaken, with the consent of the Town, by the Infrastructure Provider and, accordingly, the Town, Owner 829507,22 10 r I IlIIII fflll Illlf I llfll 11111111 HE 1111111111111111111 IN 3746262 01/21/2011 03:28P Weld County, CO 15 of 40 R 206.00 a 0.00 Steve Moreno Clerk & Recorder and Infrastructure Provider shall discuss in good faith the process and requirements whereby the Infrastructure Provider may be a party to any such Development Agreement(s) with respect to all or a designated portion of the Public Improvements and other infrastructure obligations established by such Development Agreement(s). Without limitation of the foregoing, the Town, Owner and Infrastructure Provider shall consider establishing a form of master Development Agreement for the Project to address the phasing, assurance of completion and other pertinent matters with respect to backbone infrastructure and similar improvements, and to provide a structure within which subsequent Development Agreement(s) for specific development sites in later phases shall be addressed. The form of any such master Development Agreement shall be established, if at all, by mutual agreement of the Town, Owner and the Infrastructure Provider through discussions to be undertaken in good faith as provided herein. For avoidance of doubt, the Parties expressly acknowledge that the provisions of this subparagraph (b) do not create any express or implied duty or obligation, and no Party shall have any liability or right, nor shall any Party be entitled to assert any claim for breach of the covenant of good faith, default, damages, equitable remedies or otherwise with respect to the matters addressed in this subparagraph (b). (c) This PIRA shall not be construed to create an implied obligation upon any Developer to develop that Developer's portion of the Project or upon any Developer or the Infrastructure Provider to design, construct and/or finance all or any portion of the Public Improvements. Except to the extent expressly set forth in any Development Agreement executed prior or subsequent to the Effective Date, no Developer shall have any liability to the Town, the Infrastructure Provider, or any other party arising out of this PIRA for failure to develop all or any of portion of the Project, and the Infrastructure Provider shall not have any liability to the Town, any Developer, or any other party arising out of this PIRA for failure to design, construct and/or finance any of the Public Improvements. This Section 3.05(c) shall not be construed as relieving the applicable Developer and/or the Infrastructure Provider of any express obligation to construct any Public Improvement imposed by any Development Agreement executed by such Developer and/or Infrastructure Provider prior or subsequent to the Effective Date. ARTICLE IV REIMBURSEMENT OF ELIGIBLE COSTS Section 4.01 Implementation of PIF Covenant and PIF Collection Services and Trustee Agreement. (a) PIF Covenant. Prior to the initial Taxable Transaction, Owner shall record the PIF Covenant in the Records for the purpose of, among others, imposing the Credit PIF on Taxable Transactions (including Construction Activities), and providing that Credit PIF Revenues shall be disbursed to the Infrastructure Provider solely in reimbursement of Eligible Costs, subject to the Cap Amount and the terms, limitations and conditions of this PIRA. With respect to the imposition of the Credit PIF and designation of the Infrastructure Provider as the PIF Collecting Agent/Trustee therefore, the terms, limitations and conditions of the PIF Covenant shall be materially consistent with the terms, limitations and conditions of this PIRA. In consideration of the foregoing, the Town shall grant a Sales/Use Tax Credit to retailers and building permit applicants who are subject to and actually pay the Credit PIF to the PIF Collecting Agent/Trustee during the Credit PIF Period in accordance with the terms, limitations and conditions of this PIRA. 829507.22 11 illlllllllillililllllEllllillllll!!l�illlllllllllliill! 3746262 01/21/2011 03:28P Weld County, CC 16 of 40 R 206.00 is 0.00 Steve Moreno Clerk & Recorder (b) PIF Collection Services and Trustee Agreement. The Infrastructure Provider shall engage a PIF Collecting Agent/Trustee to collect, disburse and account for the Credit PIF Revenues and the Add -On PIF Revenues in accordance with the terms, limitations and conditions of the PIF Collection Services and Trustee Agreement and as generally provided in this PIRA. The Infrastructure Provider shall cause the terms, limitations and conditions of the PIF Collection Services and Trustee Agreement to be materially consistent with Section 4.04, Section 4.05 and Article V of this PIRA. (c) Town Review and Confirmation. Owner shall provide the PIF Covenant and any proposed amendment thereto to the Town and the Town shall have the right to review and confirm the consistency of the P1F Covenant with Sections 4.01, 4.02(b), 4.02(c), 4.03, 4.04, 4.05(a), 4.05(c), 4.06, 4.07, 4.12 and 5.02 of this PIRA prior to Owner's execution and recordation of the PIF Covenant and any amendment thereto in the Records. Owner shall provide the PIF Collection Services and Trustee Agreement and any proposed amendment thereto to the Town and the Town shall have the right to review and confirm the consistency of the PIF Collection Services and Trustee Agreement with Section 4.05 and Section 4.07 of this PIRA prior to its execution by the Infrastructure Provider and the PIF Collection Agent/Trustee. The Town shall not unreasonably withhold, condition or delay such review and confirmation of the PIF Covenant or PIF Collection Services and Trustee Agreement, and shall provide prompt written comments and confirmation, provided that confirmation shall be deemed given if the Town neither provides written comments nor confirmation within thirty (30) days of Owner's submittal thereof to the Town. Section 4.02 Implementation of Sales/Use Tax Credit; Condition Precedent to Effectiveness of PIRA. (a) Approval of Sales/Use Tax Credit Ordinance. In order to implement the Sales/Use Tax Credit, and as a condition precedent to the effectiveness of this PIRA, the Board shall approve, concurrently with approving this PIRA or within thirty (30) days thereafter, an ordinance amending its Code provisions regarding municipal use tax (on building materials only) and sales tax to provide for and implement the Sales/Use Tax Credit substantially as follows: During the Credit PIF Period, each person or entity otherwise liable to the Town for sales taxes or use taxes (on building materials only) under the Code with respect to Taxable Transactions (including Construction Activities) occurring within the Project shall receive a credit (i.e., the Sales/Use Tax Credit) against such Town use tax rate obligation (on building materials only) and/or Town sales tax rate obligation in an amount equal to the amount of the Credit PIF Revenues imposed and collected on such Taxable Transaction and subsequently received by the PIF Collecting Agent/Trustee, Such Sales/Use Tax Credit shall be automatic and shall take effect immediately upon the applicable retailer's (as reflected on the retailer's periodic sales tax report) or building permit applicant's remittance to and receipt by the PIF Collecting Agent/Trustee of the Credit PIF Revenues; provided, however, that the transactions and payments supporting the Sales/Use Tax Credit for any given period shall nevertheless be subject to audit by the Town (or its designee) to the same extent, for the same limitations periods and in the same manner as the items which are required to be reported on the taxpayer's return relating to the period in which the transaction occurs. If the Board fails to adopt the ordinance contemplated in this Section 4.02(a) within thirty (30) days of the date on which the Board 829507.22 12 3746262 01121/2011 03:28P W eld county, CQ 17 of 40 R 206.00 D 0`00 Steve Moreno Clerk & Recorder approves this PIRA, the Parties may extend the period for satisfaction of the foregoing contingency to a date certain set forth in a written notice of extension. (b) Rate of Credit PIF. Pursuant to its authority under the PIF Covenant, Owner shall set the rate of the Credit PIF at one percent (1.0%) as applied to Taxable Transactions (including Construction Activities) during the Credit PIF Period, and shall provide in the PIF Covenant that, upon expiration of the Credit PIF Period, the Credit PIF shall terminate and no longer be imposed except as otherwise set forth in Section 4.12 of this PIRA. (c) Effect of Sales/Use Tax Change on Credit PIF Rate. The rate of the Credit PIF at one percent (1,0%) as applied to Taxable Transactions (including Construction Activities) and the amount of the Sales/Use Tax Credit during the Credit PIF Period is not subject to change and shall not increase or decrease if the Town increases or decreases its sales tax and/or use tax under the Code. (d) PIF Subject to Town's Sales Taxes and Uses Taxes. The Town's sales taxes and use taxes are to be imposed on the total taxable amount of a Taxable Transaction, inclusive of the amount of the Credit PIF and Add -On PIF (the intent being that the Credit PIF and Add -On PIF are subject to the Town's sales taxes and use taxes); provided, however, notwithstanding the foregoing, neither the Owner, any Developer, the Infrastructure Provider, nor the PIF Collecting Agent/Trustee shall have any obligation or liability for the failure of any third -party engaging in a Taxable Transaction (including Construction Activities) to impose the Town's sales taxes and/or use taxes, as applicable, on the total taxable amount of a Taxable Transaction, inclusive of the amount of the Credit PIF and Add -On PIF. The Parties acknowledge and agree that neither the Owner, any Developer, the Infrastructure Provider, nor the PIF Collecting Agent/Trustee shall have any right to receive or control the portion of the Town's sales taxes and use taxes imposed on the Credit PIF and Add -On PIF and collected by the Town. Section 4.03 Duration of Credit PIF Period. The Credit PIF Period shall commence on the date on which the initial Taxable Transaction occurs within the Project, and shall continue through the date of the earlier to occur of: (A) disbursement of Credit PIF Revenues in an amount equal to the total Eligible Costs incurred by Infrastructure Provider (including reimbursements to the applicable Developer(s) of funds advanced, and Accrued Interest thereon, for Eligible Costs pursuant to reimbursement agreements that have been executed with the Infrastructure Provider prior or subsequent to the Effective Date), subject to the Cap Amount; or (B) the 201h anniversary of the Credit PIF Release Date, unless such period is extended as provided in Section 4.11 of this PIRA. Upon expiration of the Credit PIF Period, the Sales/Use Tax Credit shall terminate and the Credit PIF shall terminate except as otherwise set forth in Section 4.12 of this PIRA. Any Credit PIF Revenues then remaining on deposit with the PIF Collecting Agent/Trustee, or subsequently remitted to the PIF Collecting Agent/Trustee with respect to Taxable Transactions occurring prior to expiration of the Credit PIF Period, shall be disposed of pursuant to Section 4.04 of this PIRA. Notwithstanding expiration of the Credit PIF Period, all Credit PIF Revenues generated from Taxable Transactions occurring before expiration of the Credit PIF Period shall continue to be collected by the PIF Collecting Agent/Trustee as otherwise provided in this PIRA and the PIF Collection Services and Trustee Agreement. Notwithstanding any provision of this PIRA to the contrary, if the Credit PIF Release Date does not occur within ten (10) years of the date this PIRA is recorded in the 829507,22 13 1111111111111111111111111111 3746262 01/21/2011 03:28P 18 of 40 R 206.00 0 0.00 f !I!I lIIII fll Illili lil ill! Weld County, CO Steve Moreno Clerk & Recorder Records, to the extent there are any Credit PIF Revenues on deposit with the PIF Collecting Agent/Trustee, the PIF Collecting Agent/Trustee shall disburse such funds to the Town and this PIRA shall automatically tenninate and be of no further force or effect. Section 4.04 Disposition of Funds Upon Expiration of the Credit PIF Period. Upon expiration of the Credit PIF Period as provided in Section 4.03 of this PIRA, if there are Credit PIF Revenues remaining on deposit with the PIF Collecting Agent/Trustee, the PIF Collecting Agent/Trustee shall disburse the funds in the following priority: (a) to the extent that the Cap Amount has not been reached and the Infrastructure Provider has incurred or shall be incurring Eligible Costs for which the PIF Collecting Agent/Trustee has not disbursed Credit PIP Revenues to reimburse the Infrastructure Provider (including principal advanced by a Developer for Eligible Costs pursuant to a reimbursement agreement between the Infrastructure Provider and the applicable Developer, and Accrued Interest thereon), the PIF Collecting Agent/Trustee shall hold the funds until the Infrastructure Provider has been fully reimbursed pursuant to the terms, limitations and conditions of this PIRA or there are no remaining Credit PIF Revenues on deposit with the PIF Collecting Agent/Trustee; and then (b) after the Infrastructure Provider has been fully reimbursed for the Eligible Costs as provided in this PIRA, and to the extent there are Credit PIF Revenues remaining on deposit with the PIF Collecting Agent/Trustee, the PIF Collecting Agent/Trustee shall disburse such funds to the Town. Section 4.05 Responsibilities of PIF Collecting Agent/Trustee. (a) Collection of Credit PIF Revenues. The PIF Covenant shall designate the Infrastructure Provider as the PIF Collecting Agent/Trustee. As more particularly set forth in the PIF Collection Services and Trustee Agreement to be executed after the Town's adoption of the Sales/Use Tax Credit ordinance as contemplated in Section 4.02 of this PIRA and prior to commencement of the Credit PIF Period, the Infrastructure Provider shall designate the PIF Collecting Agent/Trustee to receive the Credit PIF Revenues on behalf of the Infrastructure Provider, to collect the Credit PIF Revenues from retailers and persons engaged in Construction Activities within the Project, and, only after the Credit PIF Release Date, to disburse the Credit PIF Revenues as provided in this PIRA and the PIF Collection Services and Trustee Agreement. The Infrastructure Provider shall advise the Town promptly in writing of any subsequent change in the designated PIF Collecting Agent/Trustee. The Town shall deliver written notice to Owner and the PIF Collecting Agent/Trustee of the occurrence of the Credit PIF Release Date promptly upon its occurrence, and shall coordinate with the Infrastructure Provider, the Owner and the State of Colorado Department of Revenue with respect to utilization of and any necessary modifications to the sales tax reporting forms for reporting with respect to the Taxable Transactions by all retailers within the Property during the Credit PIF Period. The Town also shall coordinate and cooperate with the Infrastructure Provider and the Owner to monitor and verify, to the extent possible, that if a retailer has taken a Sales/Use Tax Credit on a Taxable Transaction subject to the Town's sales tax, the retailer has remitted the corresponding Credit PIF Revenues to the PIF Collecting Agent/Trustee. The Town also shall coordinate with the Infrastructure Provider and the Owner with respect to verifying that persons engaged in Construction Activities within the Project have paid the Credit PIF to the PIF Collecting Agent/Trustee in the appropriate amount prior to issuance of a building permit by the Town. The Infrastructure Provider shall reimburse the Town for its reasonable costs incurred in coordinating with the Infrastructure Provider, the Owner and the Department of Revenue with respect to 829507.22 14 1I�IIIIil�lllll�ll���IIl��Il��ill�I�Illlll��11I� 3746262 01/21/2011 03:2 8P Weld Coanty, CO t 19 of 40 R 206.00 0 0.00 Sieve Morena u1erk & Recorder implementation, verification and monitoring of the Credit PIF, and the PIF Collecting Agent/Trustee's collection and disbursement of the Credit PIF Revenues. (b) Trustee Functions With Respect to Credit PIF Revenues, The PIF Collection Services and Trustee Agreement shall include, without limitation, the following minimum provisions relating to the Credit PIF Revenues: (1) The PIF Collecting Agent/Trustee shall receive all Credit PIF Revenues remitted by retailers and persons engaged in Construction Activities within the Project. (2) The PIF Collecting Agent/Trustee shall hold all Credit PIF Revenues in a segregated account. (3) The PIF Collecting Agent/Trustee shall invest the Credit PIF Revenues as directed by the Infrastructure Provider and in accordance with applicable law. (4) The PIF Collecting Agent/Trustee shall keep accurate books and records of all deposits of Credit PIF Revenues, including investment earnings thereon, and all disbursements of Credit PIF Revenues as provided in Section 4.05(d) of this PIRA, which books and records shall be available for inspection and audit (pursuant to Section 5.01 of this PIRA) during regular business hours by Owner, the Infrastructure Provider and the Town at the sole cost and expense of the Infrastructure Provider. (5) Within thirty (30) days after the last day of the immediately preceding calendar quarter, the PIF Collecting Agent/Trustee shall provide unaudited quarterly reports of all Credit PIF Revenues received and/or disbursed in the immediately preceding calendar quarter, .at Infrastructure Provider's cost, to the Town and the Infrastructure Provider, which report shall contain all information referenced in subparagraph (4) above. (6) Upon receipt of the requisite certification of Eligible Costs as provided in Section 4.07 of this PIRA, and subject to the Cap Amount, the PIF Collecting Agent/Trustee shall remit to the Infrastructure Provider or the bond trustee, as applicable (or to any third party at the direction of the Infrastructure Provider), the appropriate reimbursement amount from available Credit PIF Revenues on deposit with the PIF Collecting Agent/Trustee, as more particularly provided in Section 4.07. (7) Upon expiration of the Credit PIF Period, the PIF Collecting Agent/Trustee shall disburse any remaining Credit PIF Revenues as generally provided in Section 4.04 of this PIRA. (8) The Town shall have no obligation or responsibility to pay any fees or expenses owed to the PIF Collecting Agent/Trustee for its services pursuant to the PIF Collection Services and Trustee Agreement, and such fees and expenses shall not be paid from Credit PIF Revenues, but shall be paid from Add -On PIF Revenues or other revenues of the Infrastructure Provider. 829507,22 15 �� II��IIIIIII�IIIIlIII�III�IIlIII�IIII�lIIIII�I�IIIIII��I 3746262 01/21/2011 03:28P Weld Countg[, CO �20 of 40 R 206.00 _ D 0_00 Steve Morena Clerk & Recorder (c) Collection and Disbursement of Add -On PIF Revenues. The Infrastructure Provider shall be the collecting agent for the Add -On PIF Revenues generated from Taxable Transactions occurring within the Property. Pursuant to the PIF Collection Services and Trustee Agreement, the Infrastructure Provider may designate the PIF Collecting Agent/Trustee to receive the Add -On PIF Revenues and to remit the applicable Add -On PIF Revenues to the Infrastructure Provider in accordance with the terms, limitations and conditions of the PIF Covenant. Collection and utilization of the Add -On PIF Revenues shall be administered pursuant to the terms, limitations and conditions of the PIF Covenant and, to the extent applicable, the PIF Collection Services and Trustee Agreement. (d) Disbursement of Credit PIF Revenues. The PIF Collecting Agent/Trustee shall be required to maintain an accounting of the amount of the Eligible Costs, including Accrued Interest and Financing Costs, that have been expended on the Public Improvements (based solely on the certifications submitted to the PIF Collecting Agent/Trustee by the Infrastructure Provider pursuant to Section 4.07 of this PIRA), and the amount of Credit PIF Revenues that the PIF Collecting Agent/Trustee has disbursed to reimburse the Infrastructure Provider for Eligible Costs. Section 4.06 Use of Credit PIF Revenues. The Infrastructure Provider shall use the Credit PIF Revenues only for Eligible Costs or any payments (including principal and interest payments owed to credit enhancers and replenishments of reserves) required with respect to bonds or other financing instruments, all or a portion of which issued to finance the Public Improvements. Section 4.07 Certification of Eligible Costs. All disbursements of Credit PIF Revenues by the PIF Collecting Agent/Trustee shall be made to the Infrastructure Provider in reimbursement of Eligible Costs (including reimbursements for Eligible Costs by the Infrastructure Provider to the applicable Developer for principal advanced pursuant to reimbursement agreements executed by such parties), subject to the terms of the PIF Collection Services and Trustee Agreement and this PIRA, including, without limitation, the terms, limitations and conditions of this Section 4.07, provided no disbursements of Credit PIF Revenues by the PIF Collecting Agent/Trustee shall be made prior to receipt of the Town's written notice of the occurrence of the Credit PIF Release Date delivered in accordance with Section 4.05(a). As the Infrastructure Provider incurs Eligible Costs (including reimbursement obligations to the applicable Developer for Eligible Costs incurred and advanced by the Developer pursuant to the reimbursement agreements between the Infrastructure Provider and the applicable Developer), and as a condition precedent to the PIF Collecting Agent/Trustee's disbursement of Credit PIF Revenues in reimbursement therefor, the applicable Developer and/or the Infrastructure Provider shall deliver to the PIF Collecting Agent/Trustee, with a copy thereof to the Town Finance Director, a certificate from a licensed and registered Colorado civil engineer, certifying the actual amount of Eligible Costs for which reimbursement is being requested, together with a certification of the total amount of Eligible Costs for which the Infrastructure Provider previously has received reimbursement from the Credit PIF Revenues. The certificate shall be countersigned by an officer of the Infrastructure Provider (and, to the extent a Developer constructed the applicable Public Improvements for the benefit of the Infrastructure Provider, the applicable Developer) representing that such Eligible Costs have actually been incurred and are qualifying costs for reimbursement from Credit PIF Revenues 829507.22 16 3746262 01/21/2011 03.28P geld County, CO 21 of 40 R 206.00 C 0.00 Steve Moreno Clerk & Recorder under this PIRA, and shall be substantially in the form attached hereto as Exhibit B or such other form as may be mutually agreed upon by the Infrastructure Provider and the Town; provided, however, no Credit PIF Revenues shall be disbursed for any certificate of Eligible Costs without the Town's consent, which consent may be withheld only if (i) such certified costs do not qualify as Eligible Costs under the terms, limitations and conditions of this PIRA, (ii) the Credit PIF Release Date has not occurred, (iii) the Cap Amount would be exceeded as a result of such disbursement, or (iv) the submitted certificate is not in conformity with the form attached as Exhibit B hereto; provided further, however, the Town's consent shall be deemed given if the Town neither objects nor consents to the applicable certificate of Eligible Costs within thirty (30) days of submittal thereof to the Town. Section 4.08 Limitation to Cap Amount and Credit PIF Period. To the extent the aggregate total of the Eligible Costs incurred by the Infrastructure Provider exceeds the Cap Amount, or has not been fully reimbursed from Credit PIF Revenues prior to expiration of the Credit PIF Period, the Town shall have no obligation to continue the Sales/Use Tax Credit or to reimburse the Infrastructure Provider for such excess costs; provided, however, that the Infrastructure Provider may utilize Add -On PIF Revenues to pay for such excess costs (including, but not limited to, unreimbursed Eligible Costs), in addition to utilizing Add -On PIF Revenues for any other purposes allowed under the PIF Covenant (including, but not limited to, payment of Financing Costs, payment of costs incurred by the PIF Collecting Agent/Trustee for its services under the PIF Collection Services and Trustee Agreement and/or for audits of the PIF Collecting Agent/Trustee's records). Unless terminated earlier pursuant to Section 4.11 of this PIRA or extended pursuant to Section 4.12 of this PIRA, the Salesiuse Tax Credit shall terminate upon the expiration of the Credit PIF Period. The Town, Owner and the Infrastructure Provider acknowledge that the generation of sales and use tax revenues is entirely dependent upon the success of the Project, and agree that no Party is in any way responsible to any other Party, or to any third party, for the amount of Credit PIF Revenues, Add -On PIF Revenues and sales and use tax revenues actually generated. Section 4.09 Absolute Ceiling on Amounts Payable. The aggregate amount of Credit PIF Revenues that may be disbursed for reimbursement of Eligible Costs pursuant to the terms, limitations and conditions of this PIRA shall not exceed the Cap Amount. As noted in Section 1.01 of this PIRA, Accrued Interest on the unpaid principal balance of the Eligible Costs described in Section 1.21(a) shall begin to accrue from the later of (i) the date the Town grants "conditional acceptance" of the applicable Public Improvements, or (ii) the Credit PIF Release Date. Section 4.10 Annual Appropriation. Nothing in this PIRA is intended to nor shall be construed to create any multiple -fiscal year direct or indirect debt or financial obligation on the part of the Town within the meaning of the Constitution or laws of the State of Colorado. To the extent that any of the Town's obligations under this PIRA are declared by a court of competent jurisdiction to constitute an invalid multiple -fiscal year financial obligation pursuant to Article X, Section 20 of the Colorado Constitution such that the performance of the Town's obligations is thereby prevented or made subject to annual appropriation and it is not possible to reform this PIRA in such a manner as to bring the Town's performance of its obligation outside the scope of a multiple -fiscal year obligation pursuant to Article X, Section 20 of the Colorado Constitution or make the Town's performance of its obligations possible or not subject to annual 829507.22 17 lllilll �Iltl Illlllll�ll l�il� 3746262 01/21/2011 03:28P 22 of 40 R 206.00 a 0.00 ll�ll Ilill III �I1I�1111 I��I Weld County, CO Steve Moreno Clerk & Recorder appropriation, the Town's performance shall be conditioned upon annual appropriation by the Board, in its sole discretion. To the extent such obligations are determined to be subject to annual appropriation, the official or employee charged with the responsibility of formulating the budget proposals is hereby directed to include in the budget proposals for each year sufficient funds to meet the Town's obligations under this PIRA. Section 4.11 Acknowledgement of Town's Legislative Discretion. This PIRA shall not be construed to limit the Board's legislative discretion to reduce the rate of or eliminate the Sales/Use Tax Credit, and any such action shall not constitute a breach of or an event of default under this PIRA. Notwithstanding the foregoing, if the Board fails to maintain the Sales/Use Tax Credit in the amount equal to the amount of Credit PIF Revenues imposed and collected on such Taxable Transactions during the Credit PIF Period pursuant to Section 4,02(b) of this PIRA but subsequently re -implements the Sales/Use Tax Credit in such amount, then the Credit PIF Period shall be extended one day for each day during which the Sales/Use Tax Credit was not in effect, which extension shall be Owner's sole right with respect to the Town's failure to maintain the Sales/Use Tax Credit pursuant to Section 4.02(b) of this PIRA. Notwithstanding the foregoing, if the Town does not re -implement the Sales/Use Tax Credit in accordance with this Section 4.11 within ten (10) years of the Board's initial determination to not maintain such Sales/Use Tax Credit, this Section 4.11 shall be void and of no further force or effect, and the Credit PIF Period shall expire as otherwise provided in this PIRA. Section 4.12 Post -Credit PIF Period. If the Town determines after expiration of the Credit PIF Period that termination of the Sales/Use Tax Credit may be precluded by or require a refund under Article X, Section 20 of the Colorado Constitution, the Town may submit a written request that the Owner continue to impose the Credit PIF and that the Infrastructure Provider continue to collect the Credit PIF Revenues and, in the Town's sole discretion, (i) remit the funds therefrom to the Town; or (ii) otherwise expend such funds for the benefit of the Town and direct or indirect benefit of the Property as directed in writing by the Town to Owner, in which case the Sales/Use Tax Credit shall continue. The Town's written request must be delivered at least ninety (90) days prior to expiration of the Credit PIF Period. Upon timely receipt of the request, Owner shall continue to impose the Credit PIF and the Infrastructure Provider shall continue to collect the Credit PIF Revenues, pursuant to the PIF Covenant and this PIRA, for so long as the Town continues the Sales/Use Tax Credit in effect, and the Infrastructure Provider shall remit (or cause the PIF Collecting Agent/Trustee to remit) to the Town all such Credit PIF Revenues actually collected or expend all such Credit PIF Revenues in accordance with this Section 4.12, less its actual direct and indirect costs and expenses incurred, on a quarterly basis in arrears (i.e., funds for the prior quarter shall be remitted at the end of the subsequent quarter). ARTICLE V AUDIT PROVISIONS Section 5.01 Audits. The PIF Collecting Agent/Trustee, at no expense to the Town, shall prepare and deliver to the Parties no later than the last business day of the first quarter of each calendar year during the term of the PIF Collection Services and Trustee Agreement an unaudited accounting of the Credit PIF Revenues received and disbursed in the prior calendar year. Upon reasonable notice to the other Parties, the Town (at Infrastructure Provider's expense), Infrastructure Provider or Owner (at that Party's expense) shall have the right to audit 829507.22 18 3746262 U1►2112011 03.28P Wefd County, 23 of 40 R 206.00 9 0.00 Steve Moreno Clerk & Recorder the PIF Collecting Agent/Trustee's books and records related to the PIF Collecting Agent/Trustec's obligations under the PIF Collection Services and Trustee Agreement The PIF Collecting Agent/Trustee shall be entitled to reimbursement of its cost for preparing the annual unaudited accounting and/or for cooperating in any audit or inspection from the Owner and/or Infrastructure Provider, or in the case of an audit by the Town, from the Infrastructure Provider. The Infrastructure Provider shall provide to the Town (at the Infrastructure Provider's expense) copies of its annual reports, year-end financial reports for the preceding fiscal year and budgets for the current fiscal year, and shall provide to the Town (at the Infrastructure Provider's expense) such other and additional information as reasonably requested by the Town regarding the use of the Credit PIF Revenues. The Town shall have the right at the Infrastructure Provider's expense to audit the Infrastructure Provider's books and records related to the Infrastructure Provider's utilization of Credit PIF Revenues and other obligations pursuant to this PIRA. No audit expenses shall be paid from Credit PIF Revenues. Section 5.02 Audit of Retailers; Enforcement. Pursuant to the PIF Covenant, any person or entity who engages in a Taxable Transaction (including Construction Activities) is subject to audit by the Town (or the Colorado Department of Revenue on the Town's behalf) and/or the Infrastructure Provider regarding such Taxable Transaction which is subject to the Credit PIF. The Town, to the extent that it collects and/or enforces sales or use taxes, and the Infrastructure Provider acknowledge that it is their intent to minimize their respective administrative costs and the administrative burdens imposed upon retailers within the Project and agree that, if one of the Parties exercises its right to audit the Taxable Transactions of a retailer within the Project, it shall provide the other Parties with the opportunity to cooperatively participate in such audit upon payment of a pro rata share of the audit costs, provided that such retailer provides its written consent to such cooperative audit to the extent such consent is required under the terms, limitations and conditions of the PIF Covenant or applicable law. If the PIF Collecting Agent/Trustee is unable to collect all or any portion of the Credit PIF due to delinquency, deficiency, or failure to file, such that the Sales/Use Tax Credit does not attach to a Taxable Transaction, the PIF Collecting Agent/Trustee shall notify the Infrastructure Provider of such fact. Upon receipt of any such notice, the Infrastructure Provider may, in addition to exercising all of its remedies under the PIF Covenant or otherwise, notify the Town in writing and the Town, to the extent that it collects and enforces sales taxes or use taxes, shall institute the procedures authorized under the Code to enforce and collect the corresponding sales tax or use tax amount, together with any applicable interest, penalties and/or costs. If applicable, the Town shall then remit any such collected tax revenues to the PIF Collecting Agent/Trustee, subject to annual appropriation by the Town and subject to the following conditions: (i) the Town shall be entitled to retain an amount equal to its costs incurred in enforcing its collection of taxes under the Code, as well as an administrative fee equal to ten percent (10%) of any tax and one hundred percent (100%) of any penalty and/or interest actually collected; (ii) the obligation is subject to any prior lien on any Town taxes securing the Town's sales tax or use tax (on building materials only) revenue bonds outstanding as of the Effective Date; (iii) the Town shall have no responsibility to collect any Add -On PIF amounts that may be due and unpaid; (iv) the Town does not guarantee or ensure that it shall be able to collect any delinquent or deficient Credit PIF amounts; and (v) under no circumstances shall the Town be subject to any legal liability to the Infrastructure Provider, Owner, Developers, or any third party on account of the Town's failure to collect some or all of the delinquent or deficient Credit PIF obligations on behalf of the Infrastructure Provider. If the person or entity which failed to timely pay the Credit PIF 829507.22 19 IIIIIIIIIIIIIIIIIIIIIIIIIIII 1 3746262 01/21/2011 03:28P 24 of 40 R 206.00 D 0.00 Illllllllllllll�IISIIIIIII � Meld Cosinty, CO Steve Moreno Clerk & Recorder subsequently remits the delinquent Credit PIF, such payment shall result in the application of the Sales/Use Tax Credit against such person's or entity's tax obligation, which Sales/Use Tax Credit shall fully satisfy any corresponding liability to the Town for unpaid sales tax or use tax (on building materials only). In such circumstances, the Town shall nevertheless be entitled to retain an amount equal to its administrative fee and any costs incurred in the enforcement and recovery of such Credit PIF Revenues. For avoidance of doubt, any obligations of a Developer under this Section 5.02 shall be subject to the provisions of Section 6.02 of this PIRA. ARTICLE VI DEFAULTS AND REMEDIES Section 6.01 Events of Default. Each of the following shall constitute an "Event of Default" under this PIRA: (a) . Defaults by the Town. Events of Default by the Town hereunder shall be limited to the failure to fulfill or perform any express material obligations of the Town or the Board stated in this PIRA, subject to Section 4.11 of this PIRA. (b) Defaults by Developer or Infrastructure Provider. Events of Default hereunder by a Developer or the Infrastructure Provider shall be limited to the following: (1) Knowingly submitting a materially false certification of Eligible Costs under Section 4.07; (2) Utilizing Credit PIF Revenues for any purpose other than the uses permitted by Section 4.06 hereof; or (3) Failure by the Infrastructure Provider to perform the obligations set forth in Section 4.01(b) hereof, excepting any obligations with respect to the Add -On PIF Revenues; (4) Failure to fulfill or perform any other express material obligation of Developers stated in this PIRA. (c) Defaults by Owner. Subject to subparagraph (b) above, Events of Default by Owner hereunder shall be limited to the failure to fulfill or perform the obligations of Owner stated in Section 4.01(c) of this PIRA. (d) Notice; Cure Period. In the event of any claimed default by a Party, the non -defaulting Party shall give the defaulting Party and the other Parties and any lender who has provided a written request for notice pursuant to Section 7.10 of this PIRA not less than thirty (30) days' written notice and opportunity to cure, which notice shall specify the nature of the Event of Default and shall request that it be corrected within said 30-day period (the "Cure Period"). A lender wha has provided a written request for notice pursuant to Section 7.10 of this PIRA shall have the right, but not the obligation, to cure the asserted default as provided in this Section 6.01(c). No act, event or omission shall be an Event of Default hereunder if the defaulting Party's failure to perform is caused by Force Majeure or by any act, omission or Event 829507.22 20 111111111111111111111111111111111111111111111111111 3746262 01/21/2011 03:28P IN Weld County, CO i 25 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder of Default by another Party, or so long as the defaulting Party has in good faith commenced and is diligently pursuing efforts to correct the condition specified in such notice. Section 6.02 No Cross -Defaults. No default or breach by any particular Developer or the Infrastructure Provider of any obligation of that Party under this PIRA shall be construed as or constitute a default or breach of any other Party or constitute a basis for the Town to assert or enforce any remedy against any Party other than the particular Party whose action or failure to act constitutes or gives rise to the default or breach. No default or breach by any particular Developer or the Infrastructure Provider of any obligation of that Party arising under any agreement other than this PIRA shall be construed as or constitute a default or breach of this PIRA or constitute a basis for the Town or the Board to assert or enforce any remedy against any Party under the terms of this PIRA. No default by any Party to this PIRA in the performance of any obligation of that Party under this PIRA shall constitute or be deemed to constitute a default of any obligation of that Party under any other agreement or to excuse the performance by any other Party under any other agreement to which that Party is a party. Section 6.03 Remedies. The following remedies shall be available for Events of Default that are not cured within the applicable Cure Period: (a) Remedies of the Town. The Town's remedies for an Event of Default by the Owner, Infrastructure Provider or a Developer that is not cured within the applicable Cure Period shall include, but not be limited to: (1) The right to enforce the defaulting Owner's, Infrastructure Provider's or Developer's obligations hereunder by an action for injunction or specific performance; and/or (2) The recovery of damages resulting from an Event of Default under Section 6.01(b)(1) and Section 6.01(b)(2) of this PIRA. (3) The right to terminate, without liability, the Sales/Use Tax Credit for any period during which there has occurred, and is continuing to occur, an Event of Default under Section 6.01(b)(1) or Section 6.01(b)(2) of this PIRA. (b) Remedies of Developers and Infrastructure Provider. Developers' and the Infrastructure Provider's remedies for an Event of Default by the Town that is not cured within the applicable Cure Period shall be strictly limited to an action for specific performance and to no other remedy, and Developer or the Infrastructure Provider shall not be entitled to or claim any form of damages, including, without limitation, lost profits, economic damages, or incidental, consequential, punitive or exemplary damages. Section 6.04 Waiver and Indemnity. (a) In consideration of the Town entering into this PIRA, the Owner, each Developer and the Infrastructure Provider, for themselves and their respective successors and assigns, expressly and unconditionally waive any claim for any form of damages, including without limitation lost profits, economic damages, or incidental, consequential, punitive or exemplary damages, arising from any breach of this PIRA by the Town, the Board or anyone acting on its or 829507.22 21 3746262 01121/2011 03:28P Weld County, CO 26 of 40 R 206.00 D 0.00 Steve Moreno Clerk. & recorder, their behalf, and covenant that, in connection with the subject matter of this PIRA, they shall assert no claims against the Town, the Board or anyone acting on its or their behalf and seek no relief of any kind in any court or administrative tribunal, other than those remedies expressly provided in Section 6.03. (b) Subject to Section 6.02 of this PIRA, the Owner, each Developer and the Infrastructure Provider, and their respective successors and assigns, shall indemnify and hold harmless the Town, the Board, and Town officers, agents, and employees (collectively, the "Related Parties") against all claims, demands, liabilities, damages and other awards (except punitive or exemplary damages) including the costs of defense thereof to such Related Parties, which Developers hereby assume and agree to pay as incurred (collectively, the "Covered Losses"), brought or obtained in connection with: (i) the execution, delivery or performance of this PIRA and its authorizing enactments, which indemnification obligation shall be joint and several; and (ii) to the extent Owner has assigned or transferred all or any portion of its interests, rights, or obligations under this PIRA to Developer(s) in accordance with Section 7.01, each Developer and the Infrastructure Provider shall further indemnify and hold harmless the Related Parties with respect to any Covered Losses incurred in connection with the construction, operation or financial viability of that Developer's or the Infrastructure Provider's portion of the Project, which indemnification obligations shall be several; provided, however, such indemnity and hold harmless obligation shall not extend to any Public Improvements that have been finally accepted by the Town after the applicable warranty periods as set forth in the applicable Development A-greement(s); provided further, however, that the Related Parties shall furnish prompt notice of any claim to the Developer from whom they are seeking indemnification and that Developer's successors and assigns shall admit no liability without advance written consent by the applicable Developer and its successors and assigns, and shall not settle any such claim or demand without consent by the applicable Developer and its successors and assigns. Owner shall pay the Town's engineering, consulting and attorneys' fees for the negotiation, drafting and execution of this PIRA- (c) Each Developer and the Infrastructure Provider, for themselves and their respective successors and assigns, specifically covenant and agree, in addition to any other amounts that may be recoverable by the Town hereunder from such Developer and/or Infrastructure Provider, that the applicable Developer and/or Infrastructure Provider shall reimburse to the Town any amounts determined to have been paid to such Developer and/or Infrastructure Provider in excess of the Developer's and/or Infrastructure Provider's allocable share of the Eligible Costs pursuant to the terms, limitations and conditions of this PIRA- (d) Notwithstanding any other provision of this PIRA, this Section 6.04 shall survive termination of the PIRA and be enforceable until all legal causes of action are precluded by the longer of the applicable statutes of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. Section 6.05 No Joint Venture or Partnership. Nothing contained in this PIRA is intended to create a partnership or joint venture between all or any of the Parties, or their respective successors and assigns, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this PIRA 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 829507.22 22 I lillll i!I!! Iffllf !Illf lilll Iliif I IIlII Iff illilli II Ili/ 3746262 0112112011 03:28P Weld County, CO 27 of 40 R 206.00 0 0.00 Steve Moreno Clerk & Recorder constitute any Party as an agent of any other Party for any purpose whatsoever. Except as otherwise provided under this PIRA, no Party shall in any way assume any of the liability of any other Party for any acts or obligations of the other Party. ARTICLE VII MISCELLANEOUS Section 7.01 Assignment; Binding Effect. (a) This PIRA shall be binding upon and, except as otherwise provided in this PIRA, shall inure to the benefit of the successors in interest or the legal representatives of the Parties. After its formation, an authorized signatory of the Infrastructure Provider shall execute this PIRA for the purpose of the Infrastructure Provider becoming a Party hereto. The Infrastructure Provider's execution of this PIRA shall not require the approval of the Board or the consent of any Party, and shall become effective as of the date of such execution. The Infrastructure Provider shall deliver the executed PIRA to the Parties in accordance with Section 7.10 and any Party may record same in the Records; provided, however, as between the Parties, the PIRA executed by the Infrastructure Provider shall be effective, valid and enforceable without respect to recordation of the same in the Records. (b) Owner and the Infrastructure Provider shall have the right to assign or transfer all or any portion of their respective interests, rights, or obligations under this PIRA only upon receiving the prior written consent of the Town, provided that to the extent Owner or Infrastructure Provider assigns any of their respective obligations under this PIRA, the assignee of such obligations shall expressly assume such obligations. Notwithstanding the foregoing, Owner and/or the Infrastructure Provider may assign, without the requirement of obtaining the Town's written consent, their respective rights to receive reimbursement of Eligible Costs under this PIRA and the PIF Collection Services and Trustee Agreement as collateral to a lender or other person or entity providing financing for construction and development or operating costs for the Project and/or the Public Improvements. Section 7.02 Amendment of this PIRA. (a) Written Amendment Required. Except as otherwise set forth in this PIRA, this PIRA may be amended, terminated or superseded only by mutual consent in writing of each of the Parties, and approved by resolution or ordinance of the Board. (b) Effectiveness and Recordation. Any written amendment executed pursuant to subparagraph (a) of this Section 7.02 shall be effective upon the later to occur of (i) execution by all required Parties, or (ii) the effective date of the ordinance or resolution approving such amendment. Promptly after any amendment to this PIRA becomes effective, the Town shall cause it to be recorded at Developers' cost in the Records. As between the Parties, the validity or enforceability of such an amendment shall not be affected by any delay in or failure to record the amendment as provided herein. Section 7.03 Entire Agreement. Except for the Approved Plans, the Development Agreement(s), the PIF Collection Services and Trustee Agreement and that certain Development Agreement Pertaining to Vested Property Rights entered into by the Parties on or about even date 829507.22 23 1111111111111111111111111111 H111111111111111 Iff 3746262 01/21/2011 03:28P Weld Ccunty, CD 28 of 40 R 206.00 D 0.00 Steve Moreno Cleric & Recorder herewith, to the extent those documents supplement, implement or complement the provisions of this PIRA, this PIRA constitutes the entire understanding among the Parties with respect to the subject matter hereof. Section 7.04 No Implied Terms. No obligations, agreements, representations, warranties or certificates shall be implied from this PIRA beyond those expressly stated herein. Section 7.05 Headings for Convenience. The headings and captions used herein are for the convenience of the Parties only and shall have no effect upon the interpretation of this PIRA. Section 7.06 Applicable Law. This PIRA shall be interpreted and enforced according to the laws of the State of Colorado. Section 7.07 Litigation. The Parties shall cooperate in the defense of any legal action brought to contest the validity or enforceability of this PIRA as noted in Section 3.02. Owner (prior to the Infrastructure Provider becoming a Party to this PIRA pursuant to Section 7.01, as applicable) or the Infrastructure Provider (after becoming a Party to this PIRA pursuant to Section 7.01, as applicable) shall pay all reasonable costs and reasonable attorneys' fees incurred by the Town in defense of any such action, in consideration of which Owner or the Infrastructure Provider, as applicable, shall be entitled to have its legal counsel act as lead counsel in any such litigation. Owner or the Infrastructure Provider, as applicable, further agree to pay any monetary judgment that may be entered against the Town in any such action; provided, however, that such monetary judgment does not exceed the amount of any Credit PIF Revenues receivable from the PIF Collecting Agent/Trustee pursuant to this PIRA. Notwithstanding any other provision of this PIRA, this Section 7.07 shall survive termination of the PIRA and be enforceable until all legal causes of action are precluded by applicable statutes of limitation or notice of claim filing requirements of the Colorado Governmental Immunity Act, for claims subject to such notice requirement. The PIF Collecting Agent/Trustee shall have no obligation to disburse Credit PIF Revenues while any legal action is pending concerning the validity or enforceability of this PIRA; provided, however, that the PIF Collecting Agent/Trustee shall continue to receive any disputed Credit PIF Revenues and to maintain such Credit PIF Revenues in a separate account pending a final judicial determination of invalidity, at which time the accrued Credit PIF Revenues shall be disbursed to either the Infrastructure Provider or the Town as otherwise provided in this PIRA and in the final judicial determination. Section 7.08 Severability. Should the accounting required under this PIRA and/or the Sales/Use Tax Credit and/or the Credit PIF be judicially adjudged illegal, invalid or unenforceable under present or future laws effective during the term of this PIRA or contrary to public policy by a court of competent jurisdiction in a final non -appealable judgment, the Parties shall utilize their reasonable, good faith efforts to restructure this PIRA, together with any necessary related agreements or instruments, or to enter into a new agreement or agreements, consistent with the purposes of this PIRA. Should the Parties be unsuccessful in their efforts, this PIRA shall immediately terminate without penalty or recourse to any Party. Otherwise, should any one or more provisions of this PIRA be judicially adjudged illegal, invalid or unenforceable under present or future laws effective during the term of this PIRA or contrary to public policy by a court of competent jurisdiction in a final non -appealable judgment, without a 829507,22 24 �7 11111111111111111111111 .11111111111111111111111111111�11 3746262 01/21/2011 03:28P Weld Counts, CO 29 of 40 R 206.00 0 0.00 Steve Moreno Clerk & Recorder corresponding determination being made with regard to the Sales/Use Tax Credit, Credit PIF, accounting, or other term or provision of this PIRA necessary to implement the financing plan for the Public Improvements, such provision or provisions shall be fully severable, and the remaining provisions of this PIRA shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by the severance of such provision from this PIRA. Section 7.09 Initiative and Referendum. If this PIRA or any portion thereof is challenged by initiative or referendum, including any judicial contest to the outcome thereof, then, to the extent so challenged or performance of any portion of the PIRA is rendered impossible, the provisions of this PIRA, together with the duties and obligations of each Party, shall be suspended pending the outcome of the initiative or referendum election and the judicial contest, if any; and a period equal to the period of such suspension shall be deemed automatically added to every right and obligation herein which is required to be performed or which accrues within a specified time. If the initiative or referendum results in voiding of this PIRA or any portion thereof, then the provisions of Section 7.08 shall apply as if the election were an action of a court. If the initiative or referendum fails, then the Parties shall continue to be bound by all of the terms of this PIRA. Section 710 Notices. All notices, certificates, reports or other communications hereunder shall be deemed given when personally delivered, or after the lapse of five {5j business days following their mailing by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To the Town: With a required copy to Town of Firestone 151 Grant Ave., Box 100 Firestone, CO 80520 Attn: Town Manager Light, Harrington & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, Colorado 80202 To Owner: LifeBridge Christian Church 10345 Ute Highway Longmont, CO 80504 Attn: Kevin King With.a required copy to: Otten, Johnson, Robinson, Neff + Ragonetti, P.C. 950 Seventeenth Street, Suite 1600 Denver, CO 80202 Attn: Munsey L. Ayers Any Party may designate a different notice address by, written notice to the other Parties delivered in accordance with this Section 7.10. Additionally, any lender or other party providing 829507.22 25 3746262 01121/2011 03:28F Weld Coun4t, C 3o of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder financing for the Project that is secured in part by a pledge or assignment of a Developer's or Infrastructure Provider's rights under this PIRA to receive reimbursement for Eligible Costs from the Credit PIF Revenues may provide the Parties with written notice of its desire to receive simultaneous notices under this Section 7.10 setting forth the address for notices, and any Party which has received such written notice shall provide simultaneous notice to such lender or other party in accordance therewith. Section 7.11 Term; Termination. Unless terminated earlier pursuant to the terms set forth herein, this PIRA shall terminate upon the Parties' full performance of their respective obligations under Section 4.04 of this PIRA regarding disposition of Credit PIF Revenues held by the PIF Collecting Agent/Trustee following expiration of the Credit PIF Period. Section 7.12 Public and Governmental Actions. Owner, Developers and the Infrastructure Provider acknowledge that the review and approval, conditional approval or disapproval of the development plans and subdivision plats for the Project are subject to the legislative, quasi-judicial or administrative authority of the Board. No assurances of approval for any specific development plan or subdivision plat have been made by the Town or the Board, and neither Owner, Developers nor the Infrastructure Provider have relied on any such assurance of approval or assumption regarding any future approval for the Project. Section 7.13 No Waiver or Repeal by Town. Nothing contained in this PIRA shall constitute or be interpreted as a repeal of any existing ordinances or codes, or as a waiver or abnegation of the Town's legislative, governmental or police powers to promote and protect the health, safety, morals and general welfare of the Town or its inhabitants. Section 7.14 Counterparts. This PIRA may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. [Signature and Notarization Pages Follow This Page] 829507.22 26 ` 7462 2 011 � 8P Weld County, CO ' 3746262 01121{2011 03.2 �31 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the Parties have executed this PIRA as of the day and year first written above. (SEAL) ATTEST: STATE OF COUNTY OF } } ss TOWN OF FIRESTONE, COLOR -ADO, a municipal corporation of the State of Colorado . aj Chad Auer, Mayor The above and foregoing signature of Chad Auer, as Mayor, on behalf of the Town of Firestone, a municipal corporation of the State of Colorado, was subscribed and sworn to before me this day of ' , 2009. Witness my hand and official seal. My commission expires on: (SEAL) 829507.22 27 Illllllllllllllllllllllllllllllllllllllllllllllllllllll. 3746262 32 of 40 01/21/2011 R 206.00 03:28P 0 0.00 '�� Weld County, CC Steve Moreno Clerk & Recorder 1 OWNER: LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation By: Name: Cr�cnr� Title:��F�,r�T !�rtil`u�ir!P STATE OF COLOR -ADO } } ss. COUNTY OF ) The foregoing instrument was acknowledged before me this lday of 2009, by �jas �;prW" "of LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation. Witness my hand and official seal. TARA GARCIA NOTARY PUBLIC Notary Publi STATE OF COLORADO My Commission Expires 01117/2010 My commission expires: 7 207 o 829507.22 28 111111111111IIIIIIIIIIIIIl11111111IIIIIIIIIIIIIIIIIIIII ' 3746262 01/2112011 03:28P Weld County, CO 33 of 40 R 206.00 0 0.00 Steve Moreno Clerk & Recorder [TO BE EXECUTED BY INFRASTRUCTURE PROVIDER IN ACCORDANCE WITH SECTION 7.01] INFRASTRUCTURE PROVIDER: [Infrastructure Provider entity nante] By:_ Name: Title: ATTEST: STATE OF COLOR -ADO ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 120 by , as of [Infrastructure Provider entity name]. Witness my hand and official seal. Notary Public My commission expires: 829507.22 29 r IIIIII IIIII IIIIII 1111111111 HE 11111111111111111 IN 3746262 0112112011 03:28P Weld County, CO 34 of 40 R 206.00 © 0.00 Steve Moreno Clerk & Recorder Exhibit A Legal Description of the Property A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5; THENCE NORTH 89°31'00" EAST 2,696.54 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH 01 `05'27" WEST 2,613.54 FEET TO THE EAST ONE QUARTER CORNER OF SECTION 5; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5, NORTH 89`08'40" WEST 857.17 FEET; THENCE SOUTH 00*43'11" WEST 2,401.24 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES: THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5,830.00 FEET, A CENTRAL ANGLE OF 09°44'11", CHORD OF SAID ARC BEARS NORTH 87°33'44" WEST 989.52 FEET) A DISTANCE OF 990.71 FEET; THENCE SOUTH 83°36'40" WEST 194.00 FEET; THENCE SOUTH 85°10'40" WEST 190.60 FEET; THENCE SOUTH 87°34'40" WEST 359.60 FEET; THENCE NORTH 70°23'20" WEST 65.87 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 3 112; THENCE NORTH 89°16'05" WEST 30.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE NORTH 00°43'55" EAST 2,416.68 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 5; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5, NORTH 00°43'36" EAST 1,391.14 FEET TO THE SOUTHEAST CORNER OF LOT B OF RECORDED EXEMPTION NO, 1313-05-2-RE 1389 OF WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16 COURSES: THENCE SOUTH 71 °34'28" WEST 546.55 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2,904.00 FEET, A CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; THENCE SOUTH 63°14'52" WEST 1,843.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,310.00 FEET, A CENTRAL ANGLE OF 05-19-20", CHORD OF SAID ARC BEARS SOUTH 65'54'32" WEST 121.64 FEET) A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE; NORTH 01°04'47" EAST 831.73 FEET; THENCE NORTH 68°57'51" EAST 1,252.56 FEET; THENCE NORTH 27'20'44" EAST 1,224.16 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE, NORTH 89'41'22" EAST 295.05 FEET; THENCE SOUTH 16°04'00" WEST 145.38 FEET; THENCE SOUTH 06'35'40" EAST 42.71 FEET; THENCE SOUTH 38°40'00" EAST 57.32 FEET; THENCE SOUTH 63'35'24" EAST 111.77 FEET; THENCE SOUTH 88`41'43" EAST 134.80 FEET; THENCE NORTH 79'06'16" EAST 173.06 FEET; THENCE NORTH 71°27'35" EAST 93.45 FEET; THENCE NORTH 52°23'30" EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE, NORTH 00'43'36" EAST 110.75 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOT( 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5, SOUTH 00°4S36" WEST 1,159,38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 71`35'57" EAST 1,736.54 FEET; THENCE Exhibit A Page 1 829507.22 3746262 01/21/2011 03:28P Weld County,.CO 35 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1.398.11 FEET, A CENTRAL ANGLE OF 41°46'51", CHORD OF SAID ARC BEARS NORTH 50°42'31" EAST 997.08 FEET) A DISTANCE OF 1,019.52 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE; FORTH 89°31'00" EAST 91.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,478.11 FEET, A CENTRAL ANGLE OF 43°34'37", CHORD OF SAID ARC BEARS SOUTH 49°48'39" WEST 1,097.29 FEET) A DISTANCE OF 1,124.19 FEET; THENCE SOUTH 71°35'57" WEST 1,764.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE NORTH 00°43'36" EAST 84.68 FEET TO THE POINT OF BEGINNING. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 313.117 ACRES MORE OR LESS. 829507.22 Exhibit A Page 2 111111 HE i 3746262 1111111111111111111111111111111111111111111 01i21/2011 03:28P Weld County, CO 36 of 40 R 206.00 Q 0.00 Steve Moreno Clerk & Recorder Exhibit B Form of Certification for Reimbursement of Eligible Costs REQUISITION/CERTIFICATION NO. [PIF Collecting Agent/Trustee] [address] [address] [address] Re: Requisition for Reimbursement of Eligible Costs for Union Pursuant to Section _ of the PIF Collecting Agent and Trustee Agreement, dated as of , 200_ (the "PIF Trustee Agreement'), between Lifebridge Christian Church, a Colorado non-profit corporation, [Infrastructure Provider] and [PIF Collecting Agent/Trustee], [Infrastructure Provider] hereby requests [PIF Collecting Agent/Trustee] to disburse Credit PIF Revenues (and/or Contingent PIF Revenues, if applicable) from the Credit/Contingent PIF Trust Account as detailed on the attached Appendix A and/or Appendix B. The Credit PIF Revenues (and/or Contingent PIF Revenues, if applicable) so disbursed shall be used pursuant to and in accordance with the provisions of the PIRA (as defined in the PIF Trustee Agreement). The Eligible Costs for which reimbursement is requested are proper charges against the Credit/Contingent PIF Trust Account and have not been the basis of any previous Requisition. If this Requisition requests reimbursement of the principal, it is accompanied by a completed Appendix A certified by a licensed and registered Colorado civil engineer and if this Requisition requests reimbursement of Accrued Interest and/or Financing Costs (as those terms are defined in the PIF Trustee Agreement), it is accompanied by a completed Appendix B. The signature of the authorized officer of the requesting entity set forth below certifies that the amounts set forth in Appendix A and/or Appendix B actually have been incurred and are Eligible Costs for reimbursement from the Credit/Contingent PIF Trust Account in accordance with the terms, limitations and conditions of the PIRA and the PIF Trustee Agreement. A copy of this Requisition has been forwarded to the Finance Director of the Town in accordance with the provisions of the PIRA and the PIF Trustee Agreement. Appendix A shall be accompanied by copies of paid invoices or paid construction payment applications. Each of the documents shall include a numerical notation in the upper right-hand corner coinciding with the appropriate Appendix A line item and the documents shall be organized in this numerical order. The total amount submitted for reimbursement to the requesting entity through the date hereof, including the amount requested by this Requisition, is $ consisting of $ of principal and $ of Accrued Interest and $ of Financing Costs. The total amount actually received by the requesting entity to date is $ consisting of $ of principal and $ of Accrued Interest and $ of Financing Costs. Exhibit B Page 1 829507.22 } 3746262 U1121i28i1 i?3:28P Weld Eounty, CO 37 of 40 R 2a6.00 D U.UU Steve Morena Clerk &Recorder WITNESS my hand this day of , [Infrastructure Provider] Authorized Officer Exhibit B Page 2 829507.22 829507.22 Weld County, CO 3746262 01121/2011 03.28 38 of 40 R 206.00 D 0.00 Steve Moreno Clerk & Recorder Appendix A to Requisition/Certification No. _ Schedule of Improvements and Eligible Costs Exhibit B Page 3 f IIIIII IIIII IIIIII hill IIIII 3746262 01/21/2011 03:28P 39 of 40 R 206.00 C 0.00 IIIII IIIII III IIIII fill IIII Weld County, CO Steve Moreno Clerk & Recorder Appendix B to Requisition/Certification No. _ Schedule of Accrued Interest/Financing Costs v�p°f��� °� =AcciuednterestfFinancm Costs CaYcu atYon K Total - ount off accrued Interest OTatal,Amount of �Fancn Costs Total for this Certification: 829507.22 Exhibit B Page 4 l ll�lll l�ll� 111111 11h 1111111111111111111 411MI IN 1 3746262 01/2112011 03:28P Weld County, CO 40 of 40 R 206.00 D 0_00 Steve Morena Clerk &Recorder Exhibit C Illustrative Schedule of Public Improvements and Eligible Costs The Public Improvements costs shown below and their distribution among the categories of Public Improvements are estimates only. The Parties acknowledge that the total estimated costs of the Public Improvements set forth below, inclusive of the permitted amounts for construction engineering, construction surveying and engineering based on the applicable percentages of such estimated costs of the Public Improvements, equals $23,739,000, which is in excess of the total amount of Credit PIF Revenue available to be disbursed hereunder for such amounts (the Cap Amount of $14,000,000, excluding Accrued Interest and Financing Costs). Furthermore, detailed engineering design has not yet been completed for the Public Improvements and therefore such costs may be re -allocated among the categories below, subject to the overall Cap Amount and the percentage caps set forth below with respect to construction engineering, construction surveying and engineering. The Parties acknowledge that the below listing of cost estimates does not in any way increase or modify the Cap Amount. General Description of Potentially Eligible Improvements Cost 1 State Highway 119 Improvements with Right In Right Out $800,000 2 Traffic Signal Improvements (currently anticipated at State Highway 119 and Weld County $1,000,000 Road 3.5, WCR 3.5 and Collector, and WCR 3.5 and WCR 26) 3 Improvements to WCR 3.5, Collector Road and a Portion of the Spine Road $5 900 000 4 Public Water Lines (on -site) $1,000,000 5 1 Public Water Tank $2,500,000 6 Public Water Lines (off -site) $2,500,000 7 Public Raw Water Irrigation System & Pump Station $900,000 8 Acquisition of Road Rights -of -Way and/or Off -Site Utility Easements (off -site only, not S400,000 property currently owned by Owner) 9 Public Sanitary Sewer and Storm Drainage $900,000 10 Town Required Raw Water $2,400,000 11 Landscaping of Publicly Owned Property'$1,000,000 12 Construction Engineering 10% E14Engineering Construction Surveying 5% 8% Public Improvements eligible for reimbursement are subject to the limitations outlined in this PIRA. Public Improvements shall be owned by the Town, a District (with prior written approval of the Town, which may be within the District's service plan or otherwise documented), a water and/or sanitation district or CDOT (provided no third -party water district may own or operate water facilities within the Town or supply water to the Property without the prior express written consent of the Town). 2 The costs represented in this Exhibit C are estimates only, and may be redistributed among the categories as described above, subject to the limitations set forth above. The categories of the Public Improvements eligible for reimbursement under this PIRA, set forth above identify the general types of improvements eligible for reimbursement under the terms of this PIRA , subject to the Cap Amount. In no way shall this Exhibit C be construed as an approval of any aspect of reimbursement, nor shall this Exhibit C be interpreted to represent that any particular Public Improvement shall be constructed or to represent an exclusive or exhaustive listing of all particular Public Improvements that could be constructed and be eligible for funding under the Cap Amount. All reimbursements are subject to Town review and approval as set forth in this PIRA. 3 The Public Improvements eligible for reimbursement under the terms of this PIRA are generally anticipated to be designed and constructed within the general specifications of the Code and other applicable Town ordinances, rules and regulations. Should Public Improvements eligible for reimbursement be designed and constructed that significantly exceed the Town's requirements (at Developer's or infrastructure Provider's discretion), such Public Improvements may only be eligible for reimbursement based on the cost associated with typical Town requirements. Any deviation from Town requirements shall be approved in writing by the Town prior to construction, and the full reimbursement of such costs shall be at the Town Board's discretion. 4 Represents the dollar amount that may be expended on such cost, as a percentage of the total hard costs (labor and materials) of the related Public Improvement set forth in line items 1 through 11. Exhibit C Page 1 824507.22 piease Paturn �o. -rown of Firestone P.O. Box 100 Firestone, CO 80520 1 1 3746264 01121/2011 03:28P Weld County, C 1 of 13 R 71.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. 714 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS WITH LIFEBRIDGE CHRISTIAN CHURCH PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AND AUTHORIZING EXECUTION OF SUCH AGREEMENT NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals. A. C.R.S. §§ 24-68-104, et seq., authorizes local governments to enter into development agreements with landowners to provide vested property rights. B. The Board of Trustees of the Town of Firestone, Colorado ("Town") has determined to enter into a Development Agreement Pertaining to Vested Property Rights ("Development Agreement") with Lifebridge Christian Church ("Owner") for property commonly referred to as Union, establishing a vested property right, and further finds and determines that vesting of property rights under the Development Agreement for a period exceeding three years is warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles, and market conditions. C. All notices required for the public hearing(s) at which the Development Agreement and this ordinance have been considered by the Town were properly and timely published, posted or mailed in accordance with all applicable laws, and such public hearing(s) were held in accordance with all applicable laws. D. The effectiveness of the Development Agreement is conditioned' upon the recordation in the real property records of Weld County, Colorado of annexation ordinances and annexation maps with respect to the annexation of the property described in the Development Agreement to the Town. Section 2. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Development Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. The Development Agreement, a copy of which is attached hereto as Exhibit A and incorporated by this reference, is hereby approved. Section 4. The Development Agreement, Outline Development Plan (approved with conditions by Ordinance No. 680), and Final Plat (approved with conditions by Resolution No. 08-42) are hereby designated as the approved site specific development plan for the property described in the Development Agreement, establishing a vested property right as and to the extent set forth in the Development Agreement and pursuant to C.R.S. §§ 24-68-101, et seq., and Chapter 17.42 of the municipal code of the Town. 898024.1 3746264 01/21/2011 03:28P Weld County., CO �2 of- 13 R 71.00 D 0.00 Steve Moreno Clerk & Recorder Section 5. The Mayor and Town Clerk are hereby authorized to execute the Agreement on behalf of the Town, on condition that the Development Agreement is first executed by Owner; provided, however, that the Mayor is hereby further granted the authority to negotiate and approve such revisions to the Development Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Development Agreement are not altered. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. Section 7. Within 14 days after the passage of this ordinance a notice shall be published in the designated newspaper for legal publications of the Town that advises the public of (a) the approval of a site specific development plan and creation of a vested property right, (b) the general type and intensity of uses approved in the site specific development plan and a reference to this ordinance, and (c) the description of the subject property which shall include a legal description and a vicinity description by reference to the adjacent or nearest road intersection. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 14th ay of May, 2009. Attest: Vky HegObod Wown Clerk TOWN OF FIRESTONE CLJ AL` Chad Auer Mayor FARES tO�L rovv� •a m= �% EXHIBIT A Development Agreement {On File in the Office of the Firestone Town Clerk) 898024.1 2 I IIIIII IIIIIIIIlII IIIII IIIII Illlll IIIIIII!lIIII IlII III! 3746264 01/21/2011 03:28P Weld County, CO t _3 of 13 R 71.00 O 0.00 Steve Moreno Clerk & Recorder **Approval of this Development Agreement Pertaining to Vested Property Rights creates a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended.** DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS . (UNION ANNEXATION) THIS DEVELOPMENT AGREEMENT PERTAINING TO VESTED PROPERTY RIGHTS (this "Vesting Agreement") Is made and entered into as of the � �' r day of Jc: scar , 2044, by and between the TOWN OF FIRESTONE, COLORADO, a municipal corporation f the State of Colorado (together with its successors and assigns, the "Town"), and LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation (together with its successors and assigns, "Owner"). RECITALS A. Owner is the owner of certain real property, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"), and intends to develop the Property as a phased, mixed -use development including, but not limited to, religious, civic, commercial/retail and residential uses (the "Project"), all as more fully and specifically set forth in and subject to the terms and conditions of the Outline Development Plan for Union as approved with conditions by the Town Board of Trustees ("Board") and as may be amended from time to time ("ODP"). B. In connection with the Board's approval of this Vesting Agreement, the Town will adopt or has adopted an ordinance approving a public improvements reimbursement agreement ("PIRA") for the Property. The Town previously has adopted ordinances approving annexation, PUD zoning, and the ODP, and has approved an annexation agreement ("Annexation Agreement") for the Property. C. The Town has approved or may approve the following documents for the Project, which will be in the form required and approved by the Town, as amended from time to time with the approval of the Town and the applicable developer: (i) the ODP; (ii) the PIRA; (iii) each Preliminary Development Plan and each Final Development Plan (as such terms are defined in the municipal code of the Town ("Code") in effect from time to time) for all or any portion of the Project; (iv) each Preliminary Plat and each Final Plat (as such terms are defined in the Code in effect from time to time) for all or any portion of the Project; and (v) each subdivision or development improvement agreement for all or any portion of the Project (collectively, the "Approved Plans"). D. Development of the Property will require that Owner make substantial, initial investments in infrastructure improvements, public facilities and related improvements, which improvements will serve the needs of the Property and the Project and will include, but are not limited to, the Public Improvements as defined in the PIRA, and .such investments can be supported only with assurances that development of the Property can proceed to completion -as provided in this Vesting Agreement. 876232.10 lli�llllll�i f r f f - 37462 64 o1A21/2011 03:28P Weld ll !ll 1��11ll lfl 4 of 13 R 71.00 n Counts, co - - — �•00 Sdeve Moreno Clerk & Rftorder E. C.R.S. §§ 24-68-101, et seq. ("Vested Property Rights Statute"), and the Code - (specifically, Section 17.42.090 of the Code) provide for the establishment of vested property rights in order to advance the purposes stated therein and in this Vesting Agreement, and authorize the Town to enter into agreements with landowners providing for vesting of property development rights for periods of greater than three years. F. Development of the Property in accordance with the Approved Plans and this Vesting Agreement is anticipated to provide for, among other things, orderly and well -planned growth, promote economic development and stability within the Town, ensure reasonable certainty, stability and fairness in the land use planning process, foster cooperation between the public and private sectors in the area of land use planning, and otherwise achieve the goals and purposes of the Firestone Master Plan and Code. G. In exchange for the foregoing benefits and the other benefits to the Town contemplated by this Vesting Agreement, together with the public benefits served by orderly and well planned development of the Property, Owner desires to receive vested property rights in the Approved Plans according to this Vesting Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements of the Town and Owner (each a "Party" and collectively, the "Parties") contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1 VESTED PROPERTY RIGHTS 1.1 Vesting of Property Rights. During the vesting periods set forth in Section 1.3, Owner will have a vested property right, pursuant to the Vested Property Rights Statute and the Code as implemented in this Vesting Agreement, from time to time, to undertake development and complete development and use of the Property according to the constituent elements of the Approved Plans approved by the Town prior or subsequent to the "Effective Date," as defined in Section 4.6 (collectively, the "Vested Property Rights"). During such vesting periods, the Town will not initiate, take or maintain any zoning or land use action which would alter, impair, prevent, diminish, impose a moratorium on development, or otherwise delay the development of the Property according to any constituent elements of the Approved Plans approved by the Town prior or subsequent to the Effective Date, except as set forth in §§ 24-68-105(l)(a) & (b) of the Vested Property Rights Statute or as permitted pursuant to this Vesting Agreement. This Vesting Agreement will not preclude the application of life safety codes that are general in nature and are applicable to all property subject to land use regulation, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Owner acknowledges that application of such codes, as well as federal and state requirements (including without limitation CDOT access requirements) may adversely affect the ability of Owner to recognize the densities or uses otherwise set forth on the Approved Plans. Notwithstanding any provisions of the Code to the contrary, no constituent element of the Approved Plans approved by the Town, whether prior or subsequent to the Effective Date, will lapse or expire during the vesting periods set forth below. 876232.10 2 Illlilllfllllliififlfilifllfiiflflillfllllf I 3746 1lliflllilfl 264 01/21/2011 03:28P Weld County, CO 5 of 13 R 71.00 C 0.00 Steve Moreno Cleric & Recorder 1.2 Site Specific Development Plan. For purposes of this Vesting Agreement, this Vesting Agreement and each constituent element of the Approved Plans approved by the Town prior or subsequent to the Effective Date, individually and collectively, constitute an approved "site -specific development plan" as defined in the Vested Property Rights Statute. Each constituent element of the Approved Plans approved by the Town prior or subsequent to the Effective Date that is consistent with the ODP, or any approved amendment thereto, will constitute a site -specific development plan, and upon approval by the Town will create vested property rights which will be supplemental and in addition to the Vested Property Rights initially established through the Board's approval of this Vesting Agreement as of the Effective Date, and will be vested pursuant to the Vested Property Rights Statute for the remaining duration of the vesting periods, as applicable, set forth below. Except as otherwise approved by the Board, each constituent element of the Approved Plans approved after the Effective Date shall be consistent with the Town's zoning and subdivision codes, development regulations, uniform codes, and street and utility construction and design requirements; provided, however, if there is an express conflict or inconsistency between the ODP and such codes, regulations and requirements, to the extent of such conflict or inconsistency, the ODP will control and such codes, regulations and requirements will not apply to the Approved Plans. Except as provided in the foregoing sentence or as otherwise provided in this Vesting Agreement, this Vesting Agreement will not preclude the approval or application of appropriate terms and conditions in connection with Town action on future applications for Approved Plans that are necessary to provide for consistency with such codes, regulations and requirements. 1.3 Term. 1.3.1 General. The term of the Vested Property Rights established under this Vesting Agreement will commence on the Effective Date and will continue for the following periods: (a) An initial vesting period of 10 years; (b) The initial 10 year vesting period will automatically be extended for an additional 10 years (to a total of 20 years) if the Town has granted "conditional acceptance" of the Public Improvements required in connection. with the Town's approval of the first final development plan for any portion of the Property and necessary to support development of such portion of the Property (as to be set forth in an approved subdivision improvements agreement) prior to expiration of the initial 10 year period, which grant shall not be unreasonably withheld, conditioned or delayed; and (ii) there has been issued prior to expiration of the initial 10 year period a certificate of occupancy for, in the aggregate with any previously issued certificates of occupancy, the 25,000th building square foot of retail sales generating space within the Property; and (c) Provided the condition precedent to extension of the initial vesting period has been satisfied as set forth in subsection (b) above, the vesting period will automatically be extended for an additional 20 years (to a total of 40 years) if there has been issued prior to expiration of the 20 year period a certificate of occupancy for, in the aggregate with any previously issued certificates of occupancy, the 50,000t' building square foot of retail sales generating space within the Property. 876232.10 3 i lli!!i hill lliili lill! illll 111111 HE 111111111111 IN 3746264 01/2112011 03:28P Weld Gounty, CO 6 of 13 R 71.00 D 0.00 Steve Moreno Cierk & Recorder 1.3.2 Expiration of Vesting Period. After expiration of the vesting period, as extended if applicable, the Vested Property Rights established by this Vesting Agreement with respect to such vesting period will terminate and have no further force or effect; provided, however, that such termination will not affect any common-law vested rights obtained before such termination; or any right, whether characterized as vested or otherwise, that may or may not arise from Town permits or approvals for the Property that were granted or approved before, concurrently, or in conjunction with the approval of this Vesting Agreement. 1.4 Covenants. Upon recordation in the real property records of the Weld County Clerk and Recorder, the provisions of this Vesting Agreement will constitute covenants or servitudes which touch, attach to and run with the land comprising the Property, and the burdens and benefits of this Vesting Agreement will bind and inure to the benefit of the Property and of all estates and interests in the Property and all successors in interest to the Parties. The Vested Property Rights are not separable from the Property, and neither this Vesting Agreement nor the Vested Property Rights may be assigned separate from the conveyance of the Property or any portion thereof. 1.5 Financial Matters. Nothing in this Vesting Agreement shall be construed to prohibit the enactment or increase of any tax, assessment or fee, including without limitation impact fees enacted pursuant to Colorado law. Nothing in this Vesting Agreement shall be construed to create any multiple -fiscal year direct or indirect debt or financial obligation on the part of the Town within the meaning of the Constitution or laws of the State of Colorado. ARTICLE 2 LEGAL CHALLENGES 2.1 General. The Town covenants that it will cooperate with Owner in Owner's efforts to defend against any challenge or litigation brought by a third party concerning this Vesting Agreement; provided, however, that the Town is not obligated to expend any monies for such defense, including without limitation attorneys' fees, costs, or any other professional fees, and Owner shall reimburse the Town for any such attorneys' fees, costs or other professional fees that may be incurred in connection therewith, in consideration of which Owner will be entitled to have its legal counsel act as lead counsel in any such litigation. If this Vesting Agreement or any portion thereof is challenged by initiative or referendum, including any judicial contest to the outcome thereof, then, to the extent so challenged, the provisions of this Vesting Agreement, together with the duties and obligations of each Party, will be suspended pending the outcome of the initiative or referendum election and the judicial contest, if any, and a period equal to the period of such suspension will be deemed automatically added to every right and obligation herein which is required to be performed or which accrues within a specified time. If the initiative or referendum fails, then the Parties will continue to be bound by all of the terms of this Vesting Agreement. 2.2 Successful Legal Challenge Contingency. If any legal challenge successfully voids, enjoins, or otherwise invalidates this Vesting Agreement, the Town and Owner will use reasonable, good faith efforts to restructure this Vesting Agreement so as to cure the legal defect in a manner that most fully implements the intent and purpose of this Vesting Agreement. Should the Parties be unsuccessful in their efforts, this Vesting Agreement will immediately 876232, l0 4 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillll1111111111 3746264 01/21/2011 03:28P Weld County, CO 7 of 13 R 71.00. D 0.00 Steve Moreno Clerk & Recorder terminate without penalty or recourse to any Party; provided, however, such termination will not affect (i) any common-law vested rights obtained before such termination; (ii) any right, whether characterized as vested or otherwise, that may or may not arise from Town permits or approvals, or (iii) the validity and enforceability of the Approved Plan(s) approved prior or subsequent to the termination of this Vesting Agreement. ARTICLE 3 DEFAULT; REMEDIES; TERMINATION 3.1 Default. If either Party fails to meet, abide by or maintain the terms and conditions of this Vesting Agreement, it will constitute an event of default by such Party. 3.2 Notices of Default. In the event of any claimed default by a Party, the non -defaulting Party will give the defaulting Party not less than 30 days' written notice and opportunity to cure, which notice will specify the nature of the default and will request that it be corrected within said 30-day period (the "Cure Period"). No act, event or omission will be a default hereunder if the defaulting Party's failure to perform is caused by Force Majeure or by any act, omission or default by the other Party, or so long as the defaulting Party has in good faith commenced and is diligently pursuing efforts to correct the condition specified in such notice. Notwithstanding the Cure Period, Owner will have the right to include a claim for breach of this Vesting Agreement in any action brought under C.R.C.P. Rule 106 if Owner believes that the failure to include such claim may jeopardize Owner's ability to exercise its remedies under this Vesting Agreement at a later date. Any claim for breach of this Vesting Agreement brought before the expiration of the applicable Cure Period will not be prosecuted by Owner until the expiration of the applicable Cure Period except as set forth in this Vesting Agreement, and will be dismissed by Owner if the default is cured in accordance with this Section 3.2. 3.3 Remedies. If any default under this Vesting Agreement is not cured as described in Section 3.2, the non -defaulting Party will have as its sole and exclusive remedy the right to enforce the defaulting Party's obligations hereunder by an action for injunction or specific performance pursuant to the provisions of Section 3.2, and Owner will not be entitled to or claim, and hereby expressly waives and right or claim to, any form of damages, including, without limitation, lost profits, economic damages, or incidental, consequential, punitive or exemplary damages. To the fullest extent each Party may legally do so, the Town hereby waives any rights it may have under the Vested Property Rights Statute to pay damages in the event of a breach of the Vested Property Rights by the Town (whether by Board action or by initiated or referred measure), and Owner hereby waives any rights it may have under the Vested Property Rights Statute to receive an award of such damages. It is the Parties' express intent that the legal effect of such mutual waivers will be that, in the event of a breach of the Vested Property Rights by the Town, Owner's remedies will be limited to the equitable remedy of specific performance of the Town's obligations with respect to such Vested Property Rights, and the exception set forth in § 24-68-105(1)(c) of the Vested Property Rights Statute will not be asserted by or legally available to the Town or Owner. 876232.10 5 111111111111111111111111111111111111111111111111111 IN 3746264 01/21/2011 03:28P Weld County, CO 8 of 13 R 71.00 O 0.00 Steve Moreno Clerk & Recorder ARTICLE 4 MISCELLANEOUS 4.1 Amendment of Vesting Aueement. 4.1.1 Written Amendment Required. This Vesting Agreement may be amended, terminated or superseded only by mutual consent in writing of each of the Parties, and approved by resolution or ordinance of the Board. 4.1.2 Effectiveness and Recordation. Any written amendment executed pursuant to Section 4.1.1 will be effective upon the later to occur of (i) execution by all required Parties, or (ii) the effective date of the ordinance or resolution approving such amendment. Promptly after any amendment to this Vesting Agreement becomes effective, the Town will cause it to be recorded at Owner's cost in the office of the Weld County Clerk and Recorder. As between the Parties, the validity or enforceability of such an amendment will not be affected by any delay in or failure to record the amendment as provided herein. 4.2 Headings for Convenience. The headings and captions used herein are for the convenience of the Parties only and will have no effect upon the interpretation of this Vesting Agreement. 4.3 No Third -Party Beneficiary. No third -party beneficiary rights are created in favor of any person not a party to this Vesting Agreement. It is expressly understood and agreed that enforcement of the terms and conditions of this Vesting Agreement, and all rights of action relating to such enforcement, will be strictly reserved to the Parties and their successors and assigns, including successor developers of all or any portion of the Property, and nothing contained in this Vesting Agreement will give or allow any claim or right of action'by any other or third person under this Vesting Agreement. 4.4 Applicable Law. This Vesting Agreement will be interpreted and enforced according to the laws of the State of Colorado. .. 4.5 Entire Agreement. Except for the Approved Plans, the Annexation Agreement and the PIRA, to the extent those documents supplement, implement or complement the provisions of this Vesting Agreement, this Vesting Agreement constitutes the entire understanding among the Parties with respect to the subject matter hereof. 4.6 Effective Date. The "Effective Date" of this Vesting Agreement shall be the date of the recordation in the office of the Weld County Clerk and Recorder of the annexation ordinances and annexation maps for the Property in accordance with C.R.S. § 31-12- 113(2)(C)(Il)(A). 4.7 Counterparts. This Vesting Agreement may be executed in multiple counterparts, each of which will be deemed to be an original and all of which taken together will constitute one and the same agreement. 4.8 Notices. All notices, certificates, reports or other communications hereunder will be deemed given when personally delivered, or after the lapse of five (5) business days following 876232.10 6 3746264 0112112011 03:28P Weld County, CO 9 of 13 R 71.00 C 0.00 Steve Moreno Cleric & Recorder their mailing by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To the Town: With a required copy to: Town of Firestone 151 Grant Ave., Box 100 Firestone, CO 80520 Light, Harrington & Dawes, P.C. 1512 Larimer Street, Suite 300 Denver, Colorado 80202 To Owner: LifeBridge Christian Church 10345 Ute Highway Longmont, CO 80504 Attn: Kevin King With a required copy to Otten, Johnson, Robinson, Neff + Ragonetti, P.C. 950 Seventeenth Street, Suite 1600 Denver, CO 80202 Attn: Munsey L. Ayers Any Party may designate a different notice address by written notice to the other Parties delivered in accordance with this Section 4.8. 4.9 Vesting Agreement Controls. In the event of an express conflict or inconsistency between the terms and conditions of this Vesting Agreement and the Town Code, rules, ordinances, regulations and requirements, the terms and conditions of this Vesting Agreement will control and will apply to the Property and the Vested Property Rights during the vesting period in accordance with this Vesting Agreement. [Signature and.Notarization Pages Follow This Page] 876232.10 7 Illlllllllllllllllllllllllllllfl0111fllllllffllllllllll 3746264 01/21/2011 03:28P Weld County, CO 10 of 13 R 71.00 0 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the Parties have executed this Vesting Agreement as of the day and year first written above. TOWN OF FIRESTONE, COLORADO, a municipal corporation of the State of Colorado G�j Chad Auer, Mayor (SEAL) ATTEST:Pic ` d 6 Jud egw d, Tow lerk STATE OF ) ss COUNTY OF ) The above and foregoing signature of Chad Auer, as Mayor, on behalf of the Town of Firestone, a municipal corporation of the State of Colorado, was subscribed and sworn to before me this day of 32009. Witness my hand and official seal. My commission expires on: (SEAL) 876232.10 8 I l�illl ll�l llll l ll!! l��1 llil l ll�ll 111 ��ll ........ 3746264 01121l2011 r13:281' lt�feid County, CO 1 11 of 13 R 71.40 t) UAO Steve Moreno Cierk &Recorder OWNER: LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation B YJ,"Vik�t 4Name: �� v Title: STATE OF COLORADO ) ) ss. COUNTY OF U ) The foregoing instrument was acknowledged before me this n day of 2009, by . CZ , as r_jr��n�' of LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation. V 1L11GJJ Ilix I1a11U Ulm Ulllclal seal. TARA GARCIA NOTARY PUBLIC STATE OF COLORADO /17/2010 Notary Public My commission expires: {� 876232.10 9 I I�IIII Ili! II�l�I If ��I I�lfi dlll�l Il�ll � I 3746264 01/21/2011 03:28P � Weld County, ccy, GO 12 of _13 R 71.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Legal Description of the Property A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5; THENCE NORTH 89'31100" EAST 2,696.54 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH 01 °05'27" WEST 2,613.54 FEET TO THE EAST ONE QUARTER CORNER OF SECTION 5; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5, NORTH 89°08'40" WEST 857.17 FEET; THENCE SOUTH 00*43'11" WEST 2,401.24 FEET TO A POINT ON THE NORTHERLY RIGHT- OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES: THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5,830.00 FEET, A CENTRAL ANGLE OF 09°44'11", CHORD OF SAID ARC BEARS NORTH 87°33'44" WEST 989.52 FEET) A DISTANCE OF 990.71 FEET; THENCE SOUTH 83°36140" WEST 194.00 FEET; THENCE SOUTH 85°10'40" WEST 190.60 FEET; THENCE SOUTH 87°34'40" WEST 359.60 FEET; THENCE NORTH 70°23'20" WEST 65.87 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 3 112; THENCE NORTH 89`16'05" WEST 30.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5, THENCE NORTH 00'43'55" EAST 2,416.68 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 5; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5, NORTH 00°43'36" EAST 1,391.14 FEET TO THE SOUTHEAST CORNER OF LOT B OF RECORDED EXEMPTION NO. 1313-05-2-RE 1389 OF WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16 COURSES: THENCE SOUTH 71'34'28" WEST 546.55 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2,904.00 FEET, A CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; THENCE SOUTH 63°14'52" WEST 1,843.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,310.00 FEET, A CENTRAL ANGLE OF 05°19'20", CHORD OF SAID ARC BEARS SOUTH 65°54'32" WEST 121.64 FEET) A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE; NORTH 01°04'47" EAST 831.73 FEET; THENCE NORTH 68'57'51" EAST 1,252.56 FEET; THENCE NORTH 27°20'44" EAST 1,224.16 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE, NORTH 89°41'22" EAST 295.05 FEET; THENCE SOUTH 16'04'00" WEST 145.38 FEET; THENCE SOUTH 06°35'40" EAST 42.71 FEET; THENCE SOUTH 38'40'00" EAST 57.32 FEET; THENCE SOUTH 63°35'24" EAST 111.77 FEET; THENCE SOUTH 88°41'43" EAST 134.80 FEET; THENCE NORTH 79°06'16" EAST 173.06 FEET; THENCE NORTH 71 °27'35" EAST 93.45 FEET; THENCE NORTH 52°23'30" EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE, NORTH 00°43'36" EAST 110.75 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOK 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5, SOUTH 00°43'36" WEST 1,159.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 71°35'57" EAST 1,736.54 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1,398.11 FEET, 876232.10 A-1 3746264 01/21/2011 03:28P Weld 0 13 of 13 R 71.00 6 0.00 ' Steva Moreno Clerk & Recorder A CENTRAL ANGLE OF 41°46'51", CHORD OF SAID ARC BEARS NORTH 50°42'31" EAST 997.08 FEET) A DISTANCE OF 1,019.52 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE, NORTH 89'31'00', EAST 91.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,478.11 FEET, A CENTRAL ANGLE OF 43°34'37 CHORD OF SAID ARC BEARS SOUTH 49°48'39" WEST 1,097.29 FEET) A DISTANCE OF 1,124.19 FEET; THENCE SOUTH 71°35'57" WEST 1,764.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE NORTH 00°43'36" EAST 84.68 FEET TO THE POINT OF BEGINNING, THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 313.117 ACRES MORE OR LESS. 876232.10 A_2 a picase Refum TO: 'Town of Firestone P.O. Bnx 100 Firestone, CO 80520 4lillll iilil Illlii illlli llll liili Illlil ill lilii ilia liii 3633678 07/01120119 11:35A Weld County, CO - 1 of 2 R 11.00 O 0.00 Steve Moreno Clerk & Recorder 78 ORDINANCE NO. -7/ 5 AN ORDINANCE APPROVING AN ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO KNOWN AS THE FIRESTONE EIGHTH (8"') ANNEXATION WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Firestone Eighth (8') Annexation, has been filed with the Board of Trustees of the Town of Firestone, which parcel is described in Exhibit A attached hereto; and WHEREAS, pursuant to C.R.S. §§ 31-12-108 to -110, the Board of Trustees on June 25, 2009 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on May 20, May 27, June 3, and June 10, 2009 in the'Carbon Valley Farmer and Miner and the Longmont Daily Times -Call; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition or the annexation agreement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Firestone Eighth (8`h) Annexation to the Town of Firestone, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the conditions provided for in the annexation agreement. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this Z "day of ^.AL- 12009. TOWN OF FIRESTONE, COLORADO Chad Auer, Mayor ATTEST: CauNV Tpy�,%'1, J y H od, Town Cie O :; �/ Q G�YCO00 `�. ,._4- II- III I441II4IIIII IIII IIIII Illiil44l Illli 44i1 Ilil 3633678 07101/2009 111:35A Weld County, CO i 3633 2 of 2 R 11.00 O 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION FIRESTONE EIGHTH (8t") ANNEXATION A part of the Right -of -Way for Sable Avenue (Weld County Road 22) located in the NE114 of Section 13, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being the Southerly 20 feet of the 50-foot Right -of -Way for said Sable Avenue (Weld County Road 22) dedicated by the plat of Buffalo Acres according to the plat recorded January 30, 1968 at Reception No. 1512542 of the Weld County, Colorado records described as follows: COMMENCING at the NE Corner of said Section 13, from which the N114 Corner of said Section 13 bears N89°09'39"W, 2662.72 feet (Basis of Bearing), thence N89°09'39"W, 50.00 feet along the North Line of said NE1/4 of Section 13 to the Northerly Extension of the Westerly Right -of -Way Line of Colorado Boulevard (Weld County Road 13); thence S00°15'l7"W, 30.00 feet along said Northerly Extension to the intersection of the Southerly Line of Firestone Sixth Annexation with the Westerly Line of Firestone 7th Annexation and the POINT OF BEGINNING; Thence N89°09'39"W, 2612.72 feet along said Southerly Line of Firestone Sixth Annexation being contiguous with the Town of Firestone Corporate Boundary to the West Line of said NE114 of Section 13; Thence S0095'l1"W, 20.00 feet along said West Line of the NE1/4 of Section 13 being also the Easterly Line of Stoneridge Annexation and being contiguous with the Town of Firestone Corporate Boundary to the Southerly Line of said 50-foot Right -of -Way for Sable Avenue (Weld County Road 22) dedicated by the plat of Buffalo Acres; Thence S89°09'39"E, 2612.72 feet along said Southerly Right -of -Way Line to said Westerly Right -of -Way Line for Colorado Boulevard (Weld County Road 13) and a point on said Westerly Line of Firestone 7th Annexation; Thence N00°15'l7E, 20.00 feet along said Westerly Right -of -Way Line for Colorado Boulevard (Weld County Road 13) being also the Westerly Line of said Firestone 7th Annexation and contiguous with the Town of Firestone Corporate Boundary to the POINT OF BEGINNING. Area = 52,254 square feet (1.200 acres), more or less. 6122/2009 9.39 AM [mac] S:1Firestonc\AnnexationlF estone Sth (ROW) ord.doc 2 a Please Return To.. Town of Firestone P.O. Box 100 Firestone, CO 80520 IIIIII IIIII IIIIII IIIIII IIII HE 1111111111111111111111 IN 111111 1 3633679 07/01/2009 11:35A Weld County, CO 1 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder 679 ORDINANCE NO. AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE FIRESTONE EIGHTH (8TH) ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Firestone Eighth (81h) Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property, known as the Firestone Eighth (81h) Annexation, was annexed to the Town by ordinance, and the Board of Trustees must provide for the zoning of such property; and WHEREAS, the legal description of the property is set forth in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the landowner of the property has requested the R-1 Residential District zoning classification of the property; and WHEREAS, the R-1 Residential District zoning classification is consistent with the Town's plan for the area encompassed by the Firestone Eighth (8th) Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation on the zoning request to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, the Board of Trustees provided notice of the public hearing on the requested zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23- 305. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Firestone Eighth (8th) Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned R-1 Residential District, pursuant to the zoning ordinances of the Town, and the Town zoning map shall be amended accordingly. 1 �� �IIiIIl44ii4 4l14i144414i 444111 I4441i411444ii4II4li k 3633 679 0710 112009 11:35A Weld County, CO 3633 2 of 3 R 16.00 00.00 Steve Moreno Clerk & Recorder INTRQDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 2-ay of u n.`- , 2009. TOWN OF FIRESTONE, COLORADO Chad Auer Mayor ATTEST: FIRES To ��wnr l�fi J dy Heggod Lj TP Town Clerk n�, q 6122/2009 9:39 AM [mac] S:1FirestonelAlmexation\Firestone 81h (ROW) zane.orddcc �r "V�� 2 I IIIIII IIIII IIIIII IIIIII IIII IIIII IIIIII kkl IIIII 1111111k •363367! 07/01/2009 11:35A Weld County, CO 3 of 3 R 16.00 ID 0.00 Steve Moreno Clerk 8 Recorder EXHIBIT A LEGAL DESCRIPTION FIRESTONE EIGHTH (8'h) ANNEXATION A part of the Right -of -Way for Sable Avenue (Weld County Road 22) located in the NEIA of Section 13, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being the Southerly 20 feet of the 50-foot Right -of -Way for said Sable Avenue (Weld County Road 22) dedicated by the plat of Buffalo Acres according to the plat recorded January 30, 1968 at Reception No. 1512542 of the Weld County, Colorado records described as follows: COMMENCING at the NE Corner of said Section 13, from which the NIA Corner of said Section 13 bears N89°09'39"W, 2662.72 feet (Basis of Bearing), thence N89°09'39"W, 50.00 feet along the North Line of said NEIA of Section 13 to the Northerly Extension of the Westerly Right -of -Way Line of Colorado Boulevard (Weld County Road 13); thence S0095'17"W, 3 0. 00 feet along said Northerly Extension to the intersection of the Southerly Line of Firestone Sixth Annexation with the Westerly Line of Firestone 7th Annexation and the POINT OF BEGINNING; Thence N89°09'39"W, 2612.72 feet along said Southerly Line of Firestone Sixth Annexation being contiguous with the Town of Firestone Corporate Boundary to the West Line of said NE114 of Section 13; Thence S00°15'11 "W, 20.00 feet along said West Line of the NE1/4 of Section 13 being also the Easterly Line of Stoneridge Annexation and being contiguous with the Town of Firestone Corporate Boundary to the Southerly Line of said 50-foot Right -of -Way for Sable Avenue (Weld County Road 22) dedicated by the plat of Buffalo Acres; Thence S89°09'39"E, 2612.72 feet along said Southerly Right -of -Way Line to said Westerly Right -of -Way Line for Colorado Boulevard (Weld County Road 13) and a point on said Westerly Line of Firestone 7th Annexation; Thence N00°15'17"E, 20.00 feet along said Westerly Right -of -Way Line for Colorado Boulevard (Weld County Road 13) being also the Westerly Line of said Firestone 7th Annexation and contiguous with the Town of Firestone Corporate Boundary to the POINT OF BEGINNING. Area = 52,254 square feet (1.200 acres), more or less. Please Return To: Town ofFirestone P•O. Box 100 Firestone, CO 80520 ORDINANCE NO. -7/ 7 i AN ORDINANCE APPROVING A TELECOMMUNICATIONS SITE LEASE WITH OPTION TO LEASE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CRICKET COMMUNICATIONS, INC. WHEREAS, the Board of Trustees has the power pursuant to Section 31-15-713(1)(c), C.R.S. to lease real estate owned by the municipality when deemed by the Board of Trustees to be in the best interest of the Town; and WHEREAS, there has been proposed a Site Lease with Option to Lease Agreement ("Agreement") between the Town of Firestone and Cricket Communicati'bns, Inc. for the location of certain telecommunications antenna facilities by Cricket Communications, Inc. at the Firestone Sports Complex; and WHEREAS, such Agreement provides for the location of antenna facilities at the Firestone Sports Complex Center for an initial term of five years, and an option for renewal terms thereafter, subject to earlier termination as provided in said Agreement; and WHEREAS, the Board of Trustees has determined that the proposed lease is in the best interests of the municipality and desires to enter into such agreement with Cricket Communications, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Site Lease with Option to Lease Agreement ("Agreement") between the Town of Firestone and Cricket Communications, Inc. for the location of certain telecommunications antenna facilities by Cricket Communications, Inc. at the Firestone Sports Complex is hereby approved in essentially the same form as the copy of such Agreement accompanying this ordinance. Section 2. The Mayor is authorized to execute the Agreement, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Agreement are not altered. Section 3. The Mayor, Town Manager, Director of Operations, and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement, and to execute and deliver any and all documents necessary to effect the lease upon the terms and conditions of said Agreement, upon tenant's compliance with its obligations thereunder and all terms and conditions of said Agreement. Section 4. 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 Board of 1 Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTROD CED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this a day of 32009. TOWN OF FIRESTONE, COLORADO ,rlJ,4 Chad Auer Mayor ATTEST: To y He od m I� �, o own k i 4I22l2009 12:07 PMjmacl SAFireslone\0 dinancelCrickel Lease Agmt,ord 2 ORDINANCE NO. 7 f F AN ORDINANCE AMENDING CHAPTER 17 OF THE FIRESTONE MUNICIPAL CODE TO ADD PROVISIONS ADDRESSING SMALL WIND ENERGY SYSTEMS, SOLAR ENERGY SYSTEMS, PERSONAL WIRELESS SERVICE FACILITIES, AND AMATEUR RADIO ANTENNAS BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 17 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 17.52 to read as follows: Chapter 17.52 Small Wind Energy Systems 17.52.010 Purpose. The purpose of this Chapter is to oversee the permitting of small wind energy systems, and to preserve and protect the public health, safety and welfare without significantly increasing the cost or decreasing the efficiency of small wind energy systems, 17.52.020 Definitions. For purposes of this Chapter, the words and terms used in this Chapter shall have the meanings set forth below unless the context clearly requires otherwise: A. "Board" means the Board of Trustees of the Town of Firestone. B. "Manager" means the Town Manager or his or her designee. C. "Meteorological tower" or "met tower" includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. D. "Owner" means the individual or entity who intends to own and operate the small wind energy system in accordance with this ordinance. 1 E. "Rotor diameter" means the cross sectional dimension of the circle swept by the rotating blades. F. "Small wind energy system" means a wind energy system that: 1. is used to generate electricity; 2. has a nameplate capacity of 100 kilowatts or less; and 3. has a total height of 170 feet or less. G. "Total height" means the vertical distance from ground level to the tip of a wind generator blade when the tip is at its highest point. H. "Tower" means the monopole, freestanding, or guyed structure that supports a wind generator. I. "Wind energy system" means equipment that converts and then stores or transfers energy from the wind into usable forms of energy. This equipment includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other component used in the system. J. "Wind generator" means blades and associated mechanical and electrical conversion components mounted on top of the tower. 17.52.030. Standards. A small wind energy system shall be a permitted use in all zoning districts, subject to the following requirements: A. Setbacks. A wind tower for a small wind system shall be set back a distance equal to its total height from: 1. Any public road right of way, unless written permission is granted by the governmental entity with jurisdiction over the road. 2. Any overhead utility lines, unless written permission is granted by the affected utility. 3. All property lines, unless written permission is granted from the affected land owner or neighbor. B. Access. 1. All ground mounted electrical and control equipment shall be labeled or secured to prevent unauthorized access. 2 2. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public a minimum height of S feet above the ground. C. Electrical Wires. All electrical wires associated with a small wind energy system, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground. D. Lighting. A wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. E. Materials, Appearance, Color, and Finish. Wind energy systems shall be constructed of materials and colors so as to be compatible with the surrounding structures. The wind energy system shall remain painted or finished the color or finish that was originally applied by the manufacturer, unless otherwise approved in the building permit. F. Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification, on a small wind energy system visible from any public road shall be prohibited. G. Code Compliance. A small wind energy system including tower shall comply with all applicable state and local construction and electrical codes, including but not limited to the International Building Code and the National Electrical Code. H. Utility Notification and Interconnection. Small wind energy systems that connect to the electric utility shall comply with all rules, regulations and other requirements of the serving public utility company. L Met towers shall be permitted under the same standards, permit requirements, restoration requirements, and permit procedures as a small wind energy system. 17.52.040 Permit requirements. A. Building Permit. A building permit shall be required for the installation of a small wind energy system. B. Application. The building permit application shall be accompanied by the required fee and a plot plan which includes the following: 1. Property lines and physical dimensions of the property. 3 2. Location, dimensions, and types of existing major structures on the property. 3. Location of the proposed wind system tower. 4. The right-of-way of any public road that is contiguous with the property. 5. Any overhead utility lines. b. Wind energy system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed). 7. Tower foundation blueprints or drawings stamped by a registered professional engineer. 8. Tower blueprints or drawings stamped by registered professional engineer. C. The Manager shall grant or deny the permit application within one month of the date on which the application was received. D. The Manager shall issue a building permit for a small wind energy system if the application materials demonstrate that the proposed small wind energy system meets the requirements of this Chapter. E. If the application is approved, the Manager will return one signed copy of the application with the permit and retain the other copy with the application. F. If the application is denied, the Manager will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Manager's decision in accordance with the procedure established for appeal of building permits pursuant to Title 15 of this Code. The applicant may also reapply if the deficiencies noted by the Manager are resolved. G. The Owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the small wind energy system is complete. H. Expiration. A permit issued pursuant to this section shall expire if the small wind energy system is not installed and functioning within 180 days from the date the permit is issued. 4 17.52.050 Abandonment. A. A small wind energy system that is out -of -service for a continuous 12-month period will be deemed to have been abandoned. The Manager may issue a Notice of Abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The Owner shall have the right to respond to the Notice of Abandonment within 30 days from Notice receipt date. The Manager shall withdraw the Notice of Abandonment and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned. B. If the small wind energy system is determined to be abandoned, the Owner shall remove the wind energy system at the Owner's sole expense within 3 months of receipt of Notice of Abandonment. If the Owner fails to remove the wind generator from the tower, the Manager may pursue a legal action to have the wind generator removed at the Owner's expense. 17.52.060 Violations. It is unlawful for any person to construct, install without a permit, or to operate a small wind energy system that is not in compliance with this Chapter or with any condition contained in a building permit issued pursuant to this Chapter. Small wind energy systems installed prior to the adoption of this ordinance are exempt. 17.52.070 Administration, enforcement and penalties. A. This ordinance shall be administered by the Manager, who may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met. B. Violations of this Chapter are hereby declared a nuisance, and the same may be abated pursuant to the procedure established in Chapter 8.18 of this Code. C. Any person who fails to comply with any provision of this Chapter or a building permit issued pursuant to this Chapter shall be subject to the general penalties as set forth in Section 1.16.010 of this code. D. Nothing in this Section shall be construed to prevent the Town from using any other lawful means to enforce this Chapter. Section 2. Title 17 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 17.54 to read as follows: 5 Chapter 17.54 Solar Energy Systems 17.54.010 Purpose. Solar energy equipment is recognized as a permitted accessory use in all zone districts of the Town. The purpose of this Chapter is to establish certain requirements for such systems, so as to ensure compatibility with the primary use and surrounding land uses and prevent use of sub -standard equipment. 17.54.020 Definitions. For purposes of this Chapter, the words and terms used in this Chapter shall have the meanings set forth below unless the context clearly requires otherwise: A. "Manager" means the Town Manager or his or her designee. B. "Solar energy system" means a system designed and used to obtain energy from the sun in order to supply energy to a principal use or structure located on the same lot as the system, or on an adjacent lot in the case of a common system serving more than one principal use or structure, for the purpose of reducing the consumption of fuel for heating or electricity. A solar energy system may include solar hot water or air heating or photovoltaic systems. Solar energy systems are allowed only as accessory uses or structures. 17.54.030 Standards. Solar energy systems shall be a permitted accessory use in all zoning districts, subject to the following requirements: A. Setbacks. Freestanding solar energy systems shall meet all setback requirements applicable to accessory buildings. B. Location and bulk regulations. Freestanding solar energy systems shall be permitted in the rear yard, and shall not exceed 25% of the building footprint of the principal building or 25% of the lot size, whichever is lesser. C. Materials, appearance, color and finish. All solar energy systems shall be constructed of materials and colors so as to be compatible with the principal structure. D. Height. Roof mounted solar energy systems shall not exceed the height limitations for the zone district, as measured in accordance with Section 17.08.070. 31 E. Code Compliance. Solar energy systems must comply with all applicable requirements of Title 15 of this Code concerning building and construction. 17.54.040 Permit requirements. A. Building Permit. A building permit shall be required for the installation of a solar energy system. B. Application. The building permit application shall be accompanied by the required fee and a plot plan which includes the following: 1. Property lines and physical dimensions of the property. 2. Location, dimensions, and types of existing major structures on the property. 3. Location of the proposed solar energy system. 4. Description of the materials and colors of the principal structure and the proposed materials and colors of the solar energy system. C. The Manager shall grant or deny the permit application within one month of the date on which the application was received. D. The Manager shall issue a building permit for a solar energy system if the application materials show that the proposed solar energy system meets the requirements of this Chapter. E. if the application is approved, the Manager will return one signed copy of the application with the permit and retain the other copy with the application. F. If the application is denied, the Manager will notify the applicant in writing and provide a written statement of the reason why the application was rejected. The applicant may appeal the Manager's decision in accordance with the procedure established for appeal of building permits pursuant to Title 15 of this Code. The applicant may also reapply if the deficiencies noted by the Manager are resolved. G. The Owner shall conspicuously post the building permit on the premises so as to be visible to the public at all times until construction or installation of the solar energy system is complete. 7 H. Expiration. A permit issued pursuant to this section shall expire if the solar energy system is not installed and functioning within 180 days from the date the permit is issued. 17.54.050 Violations. It is unlawful for any person to construct or install without a permit, or to operate a solar energy system that is not in compliance with this Chapter or with any condition contained in a building permit issued pursuant to this Chapter. Solar energy systems installed prior to the adoption of this ordinance are exempt. 17.54.060 Administration, enforcement and penalties. A. This ordinance shall be administered by the Manager, who may enter any property for which a building permit has been issued under this ordinance to conduct an inspection to determine whether the conditions stated in the permit have been met. B. Violations of this Chapter are hereby declared a nuisance, and the same may be abated pursuant to the procedure established in Chapter 8.18 of this Code. C. Any person who fails to comply with any provision of this Chapter or a building permit issued pursuant to this Chapter shall be subject to the general penalties as set forth in Section 1.16.010 of this code. D. Nothing in this Section shall be construed to prevent the Town from using any other lawful means to enforce this Chapter. Section 3. Title 17 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 17.56 to read as follows: Chapter 17.56 Personal Wireless Service Facilities 17.56.010 Purpose and goals. A. The purpose of this article is to provide specific regulations governing the placement, construction and modification of personal wireless service ("PWS") facilities. B. The provisions of this article are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of personal wireless services, nor shall the provisions of this article be applied in such a manner as to discriminate unreasonably between providers of functionally equivalent personal wireless services. C. To the extent that any provision or provisions of this article are inconsistent or in conflict with any other provision of the Firestone Municipal Code or any ordinance of the Town, the provisions of this article shall be deemed to control. D. The goals of this article are to: 1. encourage the location of towers in non-residential areas and to minimize the total number of towers throughout the Town; 2. encourage strongly the joint use of new and existing tower sites; 3. encourage users of towers and antennas to locate them, to the extent possible, in areas least likely to negatively affect residential property or other uses; 4. encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; and 5. enhance the ability of the providers of personal wireless services to provide such services throughout the Town quickly, effectively, and efficiently. 17.56.020 Defmitions. For the purpose of this article, the following terms shall have the following meanings: A. "Antenna" means any exterior apparatus designed for telephonic, radio, data, Internet, or television communications through the sending and/or receiving of electromagnetic waves, including equipment attached to a tower or building for the purpose of providing personal ,wireless services including but not limited to cellular, enhanced specialized mobile radio, and personal communications services, and its attendant base station. For purposes of this article, the term "antenna" shall not include an antenna used by an amateur radio operator or "ham" operator, nor shall it include an exterior antenna or satellite dish used for the private, non-commercial, or home occupation receipt of television, telephonic, data, Internet, or radio signals provided such antenna or satellite is one meter (39.37 inches) or less in diameter or diagonal measurement. B. "Antenna height" means the vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure even if said highest point is an antenna. Measurement of tower height shall include antenna, base pad, and other appurtenances and shall be measured from the finished grade of the parcel. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. C. "Antenna support structure" means any pole, telescoping mast, tower, tripod, or other structure which supports a device used in the transmitting or receiving of radio frequency signals. D. "Cell site" means a tract or parcel of land that contains personal wireless service facilities including any antenna, support structure, accessory building, and parking, and may include other uses associated with and ancillary to personal wireless services. E. "EIA" means the Electronic Industries Association. F. "FAA" means the Federal Aviation Administration. G. "FCC" means the Federal Communications Commission. H. "Personal wireless services (PWS) and personal wireless service facilities" shall mean commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services and the facilities for the provision of such services, as defined in 47 U.S.C. Section 332 as amended from time to time. I. "Tower" shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers, or monopole towers. The term encompasses PWS facilities, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, personal communications services towers, and alternative tower structures. 17.56.030 Co -Location - general. A. Co -location can be an effective way of minimizing the overall impact of PWS facilities in the Town. When done properly, co -location of facilities can minimize the number of individual PWS facilities and concentrate them in one or several appropriate locations where view and aesthetic impacts are minimal. To minimize adverse visual impacts associated with the proliferation of towers, the Town encourages co -location of antennas by more than one carrier on existing towers or structures. B. An existing tower may be modified or reconstructed to accommodate the co -location of an additional antenna. Modification of an existing tower to accommodate additional antennas shall be permitted in all zone districts, subject to 10 the requirements of the zone district and the following criteria: 1. An existing tower may be modified or rebuilt to a taller height, not to exceed twenty feet over the tower's existing height, to accommodate the co -location of an additional antenna. The tower as modified shall comply with the other provisions of this Chapter. 2. A tower that is being modified to accommodate the co - location of an additional antenna may be moved to a different location on the same property within fifty (50) feet of its existing location so long as it remains within the same zone district. After the tower is rebuilt to accommodate co -location, only one tower shall remain on the property. 3. The tower, as modified shall comply with the provisions of this Chapter in all respects. 4. The applicant for modification of a tower and co -location of an antenna shall follow the approval process set forth in this Chapter. C. No PWS facility owner, operator, lessee, or any officer or employee thereof, shall act to exclude any PWS provider from using the same facility, building, structure or location. PWS facility owners or lessees or officers or employees thereof shall cooperate in good faith to achieve co -location of PWS facilities and equipment with other PWS providers. Upon request by the Town, the owner or operator shall provide evidence establishing why co -location is not feasible. The Town shall not attempt to affect fee negotiations between private parties concerning co -location. D. If a PWS provider attempts to co -locate a facility on an existing or approved facility or location and the parties cannot reach agreement concerning the co -location, the Town may require a third party technical study at the expense of either or both parties to resolve the dispute. 17.56.040 Co -Location on existing structures. A. To provide an additional incentive for the construction and use of co - location facilities, the installation of an additional PWS facility on an existing co - location site may be approved through an administrative review if the proposal meets the general design requirements of this Chapter and the specific requirements approved in the initial site approval. B. The applicant shall submit detailed plans to the Town Engineer for an administrative review to determine if the special use permit process can be waived. Suitability of the existing structure for the co -location of an antenna shall be determined based upon the structure's capacity to accommodate the antenna, the antenna's architectural compatibility with the structure, and compliance with Section 11 17.56.080.A, B, D, E, F.3, G, H, J, K, and L, and Section 17.56.090. No building permit shall be issued unless approval is granted by the Town Engineer or, if no such approval is granted, unless the applicant completes the full special use process. 17.56.050 Co -Location on new towers. A. In order to reduce the number of towers needed in the Town in the future, every new tower shall be designed to accommodate antenna(s) for more than one user, unless the applicant demonstrates why such design is not feasible for economic, technical or physical reasons. B. Unless the Town Engineer determines that co -location is not feasible, the site plan for every new tower shall delineate an area near the base of the tower to be used for the placement of additional equipment or buildings for other users. The site plan for towers in excess of one hundred (100) feet shall propose space for two (2) or more other comparable tower users, while the site plan for towers under one hundred (100) feet shall propose space for one (1) other comparable tower user. C. The Town may deny an application to construct a new tower if the applicant has not demonstrated a good faith effort to co -locate the antenna on an existing structure or tower. 17.56.060 Special use permit. It is unlawful to for any person to install or operate a PWS facilility without a special use permit unless the facility has been administratively approved in accordance with this Chapter. The special use permit review process set forth in Chapter 17.32 of this Code shall apply, and the Planning Commission and Board of Trustees shall hold a public hearing on the application. The approval of a special use permit does not relieve the operator from otherwise complying with all applicable regulatory requirements of the Town, state, and federal governments. No building permit for the facility will be issued until a special use permit is granted. 17.56.070 Application requirements. Applicants for approval of PWS facilities shall submit the information required by this section with their application, except that the Town Engineer may waive certain submittal requirements if the information requested is deemed by the Town Engineer not to be necessary under the circumstances of a particular application: A. A scaled site plan clearly indicating the location, type and height of the proposed tower, on -site land uses and zoning, adjacent land uses and zoning, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, and any other proposed structures. The 12 site plan shall indicate all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, and all other items required in this Chapter. B. A current map and aerial as provided by the county assessor's office showing the location of the proposed tower; C. Legal description of the parcel upon which the personal wireless service facilities are to be located; D. A statement on the site plan indicating the distance between the proposed tower and the nearest residential dwelling unit, platted residentially zoned properties, and unplatted residentially zoned properties. If the proposed tower is to be located within three hundred (300) feet of any residentially zoned property, then the distances, locations and identifications of said residential properties shall be shown on an updated Town map; E. A landscape plan showing specific landscape materials; F. Method of fencing, finished color and, if applicable, the method of camouflage and illumination; G. Evidence demonstrating compliance with all provisions of this article and the zone district in which the PWS facilities are to be located; H. A notarized letter signed by the applicant stating the tower will comply with all EIA Standards and all applicable federal and state laws and regulations (including specifically FAA and FCC regulations); I. A statement by the applicant as to whether construction of any new tower will accommodate co -location of additional antenna(s) for future users; J. Certification by a qualified, third -party engineer that the antenna usage will not interfere with other adjacent or neighboring or Town -wide transmissions or reception functions; K. Documentation evidencing that the applicant is licensed by the FCC if required to be licensed under FCC regulations; or in the event the applicant is not the telecommunications service provider, proof of lease agreements with an FCC licensed telecommunications provider if such telecommunications provider is required to be licensed by the FCC; L. Information demonstrating how the proposed site fits into the applicant's overall network within the Town; M. Documentation evidencing the applicant's FCC authorization to provide personal wireless services or to place PWS facilities within the Town or 13 geographic area which includes the Town; and N. An engineer's certificate of structural integrity. 17.56.080 Design criteria. Every PWS facility shall comply with the following design criteria: A. Architectural Compatibility. PWS facilities shall be architecturally compatible with the surrounding buildings and land uses in the zone district, or otherwise integrated, through location and design, to blend in with the existing characteristics of the site to the extent practical. Such facilities will be considered architecturally and visually compatible if they are camouflaged to disguise the facilities. B. No Significant Adverse Impact. The applicant shall demonstrate that the placement of antennas or towers on property will have no significant adverse impact on surrounding private or public property. C. Setbacks. Tower setbacks shall be measured from the base of the tower to the property line of the parcel on which it is located. Unless there are unusual geographical limitations, in residential zone districts, towers shall be set back from all property lines a distance equal to three hundred (300) percent of tower height as measured from ground level. Towers shall comply with the minimum setback requirements of the area in which they are located in all other zone districts. D. Color. Towers and antennas shall be of a color that generally matches the building, surroundings or background and minimizes their visibility, unless a different color is required by the FCC or FAA. Muted colors, earth tones and subdued colors shall be used wherever possible. E. Lights, Signals and Signs. No signals, lights or signs shall be permitted on towers unless required by the FCC or the FAA. Should lighting be required, at the time of construction of the tower is cases where there are residential users located within a distance which is three hundred percent (300%) of the height of the tower from the tower, then dual mode lighting shall be requested from the FAA- F. Equipment Structures. Ground level equipment and buildings and the tower base shall be screened. The standards for equipment buildings are as follows: 1. The maximum floor area shall be three hundred fifty (350) square feet and the maximum height shall be twelve (12) feet. 2. Ground level buildings shall be screened from adjacent properties by landscape plantings, fencing or other appropriate means, as 14 specified in this Chapter or in the Firestone Municipal Code. 3. Equipment mounted on a roof shall have a finish similar to the exterior building walls. Equipment for roof mounted antenna may also be located within the building on which the antenna is mounted, subject to good engineering practices. Equipment, buildings, antenna and related equipment shall occupy no more than twenty-five (25) percent of the total roof area of a building. G. FCC Requirements, All towers and antennas shall meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this Chapter shall bring such towers and antennas into compliance with such revised standards and regulations within three (3) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. H. Structural Design. Towers shall be constructed to the FCC and E1A Standards, which may be amended from time to time, and all applicable construction/building codes. Any improvements and/or additions to existing towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the FCC and EIA Standards and all other good industry practices in effect at the time of said improvement or addition. Said plans shall be submitted and reviewed at the time building permits are requested. 1. Fencing. A well constructed wood, stucco, masonry or stone wall, not less than six (6) feet in height from finished grade, shall beprovided around each tower. Security fencing should be colored or should be of a design that blends into the character of the existing environment. Access to the tower shall be through a locked gate. J. Antenna and Tower Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than the minimum height required to function shall be approved. Towers shall be no taller than the maximum permitted height for other structures contained within the applicable zone district, except as permitted pursuant to special use permit review within such zone district. K. Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or interference. All support structures shall be fitted with anti -climbing devices, as approved by the manufacturers. 15 L. Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, adequate off- street parking shall be provided and documentation evidencing that adequate off- street parking is available shall be provided to the Town. M. Landscaping and/or screening. Landscaping and/or screening shall be provided and maintained as specified in Section 17.56.100, N. Site Characteristics. Site location and development shall preserve the pre-existing character of the site to the maximum extent feasible. Existing vegetation should be preserved or improved, and disturbance of the existing topography of the site should be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area. The effectiveness of visual mitigation techniques shall be evaluated by the Town Engineer, taking into consideration the site as built. O. Stealth Technology. To the extent reasonably feasible, the applicant shall employ "stealth technology" so as to mitigate or camouflage visual impacts of the PWS facility. Stealth technology consists of, but is not limited to, the use of light poles, grain bins, silos, or elevators, church steeples, water towers, clock towers, bell towers, false penthouses or other similar "mimic" structures. Such "mimic" structures shall have a contextual relationship to the adjacent area. P. Other Conditions. The Town may require other reasonable conditions to mitigate the impact of the PWS facility on adjacent properties and uses. 17.56.090 Antenna design criteria. Any antenna mounted on any tower, building or other structure shall comply with the following requirements: A. The antenna shall be architecturally compatible with the building and wall on which it is mounted so as to minimize any adverse aesthetic impact and shall be constructed, painted or fully screened to match as closely as possible the color and texture of the building and wall on which it is mounted. B. The antenna shall be mounted on a wall of an existing building in a configuration as flush to the wall as technically possible and shall not project above the wall on which it is mounted unless for technical reasons the antenna needs to project above the wall. In no event shall an antenna project more than ten (10) feet above the height of the building. Building heights shall be calculated pursuant to Section 17.08.070. C. The antenna and its support structure shall be designed to withstand a wind force of one hundred (100) miles per hour without the use of supporting guy 16 wires or such other wind force prescribed by the Town's building codes, whichever is greater. D. No antenna, antenna array, or its support structure shall be erected or maintained closer to any street than the minimum setback for the zone in which it is located. No guy or other support wires shall be used in connection with such antenna, antenna array, or its support structure except when used to anchor the antenna, antenna array, or support structure to an existing tower to which such antenna, antenna array, or support structure is attached. E. The antenna may be attached to an existing mechanical equipment enclosure which projects above the roof of the building, but may not project any higher than ten (10) feet above the enclosure. F. If an accessory equipment shelter is present, such building shall blend with the surrounding buildings in architectural character and color. G. On buildings thirty (30) feet or less in height, the antenna may be mounted on the roof if: 1. The Town Engineer finds that it is not technically possible or aesthetically desirable to mount the antenna on a wall. 2. The antenna or antennas and related base stations cover no more than an aggregate total of twenty-five (25) percent of the roof area of a building. 3. Roof mounted antenna and related base stations are completely screened from view by materials that are consistent and compatible with the design, color, and materials of the building. 4. No portion of the antenna may extend more than ten (10) feet above the height of the existing building as calculated in accordance with Section 17.08.070. H. If a proposed antenna is located on a building or a lot subject to a special review site plan, written Town approval is required prior to the issuance of a building permit for the antenna. I. No antenna shall be permitted on property designated as an individual landmark or as a part of a historic district or site, unless such antenna has been approved in accordance with the Town Code and written permission is obtained from the Town. J. No antenna shall cause localized interference with the reception or transmission of any other communications signals including, but not limited to 17 public safety signals, and television and radio broadcast signals. 17.56.100 Landscaping and screening. A. Landscaping shall be required to screen as much of the antenna support structure as possible. The fence surrounding the antenna support structure and any other ground level features (such as a building), shall be designed to soften the appearance of the cell site. The Town may permit any combination of existing vegetation, berming, topography, walls, decorative fences or other features instead of landscaping,, if they achieve the same degree of screening as the required landscaping. If an antenna is mounted flush on an existing building, and other equipment is housed inside an existing structure, landscaping shall not be required, except as otherwise required for the existing use. B. The visual impacts of a tower shall be mitigated through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of towers shall be required around the perimeter of the tower and accessory structures: 1. A row of evergreen trees a minimum of ten (10) feet tall at planting and a maximum of ten (10) feet apart shall be planted around the perimeter of the fence; and 2. A continuous hedge, at least thirty-six (36) inches high at planting and capable of growing to at least forty-eight (48) inches in height within eighteen (18) months, shall be planted at the base of the fence. C. Landscaping shall be installed on the outside of all fences. An automatic irrigation system, meeting the water conservation standards of the Town, shall be provided for all landscaped areas. Existing vegetation shall be preserved to the maximum extent feasible and may be used as a substitute for, or in supplement towards, meeting landscaping requirements. D. All landscaping shall be provided, protected and maintained in a healthy and growing condition. Any dead or diseased plant or other landscaping materials shall be immediately removed and replaced with the same type, size and quantity of materials as originally installed. 17.56.110 Requirements for placement on Town -owned sites. A. The placement of PWS facilities on Town -owned sites and facilities must comply with the following minimum requirements: 1. The PWS facility will not interfere, electronically or otherwise, with the primary intended purpose for which the Town owns the site or facility. 18 2. The applicant must obtain adequate liability insurance and commit to a license or permit agreement that includes equitable compensation for the use of public sites and facilities and other necessary provisions and safeguards. The fees shall be established by the Town Manager or the Town Manager's designee after considering the rates paid for comparable sites and facilities, potential expenses, risks to the Town, and other appropriate factors consistent with this Article. 3. The applicant shall furnish a letter or credit or other security acceptable to the Town to cover the costs of removal of the PWS facilities to be installed. 4. The applicant must demonstrate that the PWS facility will not interfere with other user of higher priority as discussed in Section 17.56.120, below. 5. Upon reasonable notice, the Town may require removal of the PWS facilities at the applicant's expense. 6. The applicant must reimburse the Town for any costs the Town incurs because of the presence of the applicant's PWS facilities. 7. The applicant must obtain all necessary land approvals, and comply with the provisions of this Article and any other applicable laws, ordinances, rules or regulations. S. The applicant will cooperate with the Town's objective to promote co -location and thus limit the number of separate tower sites as requested. B. The use of certain Town -owned sites and facilities, such as water towers, tanks, reservoirs, plants and parks, for locating PWS facilities results in special concerns due to the nature of such sites. Therefore, the Town will allow placement of PWS facilities on these special Town -owned sites only upon satisfaction of the following requirements, which are in addition to the requirements set forth in subsection A. above. Any of the following special requirements addressing health and safety issues are subject to the provisions of 47 U.S.C. § 332(c)(7)(B)(iv). 1. Water sites and facilities. The Town's water towers, tanks, reservoirs, plants and other facilities (water sites and facilities) represent a large public investment. As access to the Town's water system increases, the potential for contamination of the public water supply increases. Therefore, the Town will consider placement of PWS facilities at or on water sites and facilities only after considering the recommendations of the Town Engineer and upon approval by the Town Manager when the placement will satisfy the following requirements: (a) The applicant's access to the PWS facility will not increase the -risks of contamination of the Town's water supply; (b) There is sufficient room on the site or facility to accommodate the applicant's PWS facility; (c) The presence of the PWS facility will not increase operation or maintenance costs to the Town; and (d) The presence of the PWS facility will not impair the health or safety of workers or other persons operating, maintaining or frequenting the water site or facility. 2. Parks. The presence of certain PWS facilities may present a potential conflict with the purpose of some Town -owned park sites and facilities. If the PWS facility will not impair the health or workers or other persons operating, maintaining or frequenting the park facility, the Town will consider siting PWS facilities in the following park sites and facilities after considering the recommendation of the Town Manager: (a) Public parks of a sufficient scale and character, adjacent to an existing commercial or industrial use; and (b) Commercial recreation areas and major play fields; (c) Park maintenance facilities. C. Notwithstanding the foregoing, the Town reserves the right to deny, for any reason, the use of any or all Town -owned sites or facilities to any on or all applicants. 17.56.120 Priority of users on Town -owned sites. The Town will give priority in the use of Town -owned sites and facilities for PWS facilities to the following entities in descending order: A. The Town of Firestone. B. Public safety agencies, including law enforcement, fire, and ambulance services that are not part of the Town, and private entities for uses that serve public safety. 20 C. Other governmental agencies, for uses not related to public safety. D. Entities providing licensed commercial personal wireless services marketed to the public. 17.56.130 Maintenance and inspection requirements. A. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable Town building codes, regulations of the FCC and the applicable standards for towers that are published by the EIA, as amended from time to time. If, upon inspection, the Town Engineer concludes that a tower fails to comply with such Codes, regulations or standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such Codes, regulations and standards. If the owner fails to bring such tower into compliance within said thirty (30) days, the Town may remove such tower at the owner's expense, the costs of which shall constitute a lien against the property. B. Each year after a facility becomes operational, the facility operator shalt conduct a safety inspection in accordance with the EIA and FCC Standards and, within sixty (60) days of the inspection, file a report with the Town building official. 17.56.140 Non-Use/Abandonment. A. In the event the use of any tower has been discontinued for a period of sixty (60) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Town Engineer. The Town Engineer shall have the right to request documentation and/or affidavits from the tower owner/operator regarding the issue of tower usage. B. Upon such abandonment, the owner/operator of the tower shall have an additional sixty (60) days within which to: (1) Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or (2) Dismantle and remove the tower. If such tower is not removed within said sixty (60) days, the Town may remove such tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Unnecessary sections of the tower shall be removed. C. At the earlier of sixty (60) days from the date of abandonment without reactivation or upon completion of dismantling and removal, Town approval for the tower shall automatically expire. D. If abandonment of a tower occurs by all of the permittees or licensees and the owner of the tower, the owner of the tower shall remain primarily 21 responsible if the tower ceases to be used for its intended purposes by either it or other permittees or licensees for the transmission or reception of personal wireless services. In the event that the tower ceases to be licensed by the FCC for the transmission of radio energy, the owner of the tower shall maintain the prescribed painting and/or illumination of such tower until it is dismantled. 17.56.150 Third party review. A. PWS providers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of personal wireless services, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the PWS provider. The Town Engineer may require such a technical review, to be paid for by the applicant for the PWS facilities. The selection of the third party expert may be by mutual agreement between the applicant and Town or at the discretion of the Town Engineer, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site -specific review of technical aspects of the PWS facilities and not a subjective review of the site selection. The expert review of the technical . submission shall address the following: 1. The accuracy and completeness of the submission; 2. The applicability of analysis techniques and methodologies; 3. The validity of conclusions reached; and 4. Any specific technical issues designated by the Town. B. Based on the results of the third party review, the Town Engineer may require changes to the application for the PWS facilities that comply with the recommendations of the expert. Section 4. Title 17 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 17.58 to read as follows: Chapter 17.58 Amateur Radio Services 17.58.010 Purpose. The purpose of this Chapter is to provide reasonable accommodation for amateur radio antenna and amateur radio antenna support structures in the Town and 22 to constitute the minimum practicable regulation to accomplish the Town's legitimate purposes consistent with state and federal laws, including Federal Communication Commission regulations pertaining to amateur radio services. Legitimate purposes include but are not limited to preserving residential areas as livable neighborhoods and preserving public health, safety and welfare. 17.58.020 Definitions. For the purpose of this article, the following terms shall have the following meanings: A. "Amateur radio service" means a federally licensed radio- communication service for the purpose of self -training, intercommunication and technical investigations carried out by amateurs, that is, duly authorized persons interested in radio technique solely with a personal aim and without pecuniary interest particularly with respect to providing emergency communications. B. "Amateur radio antenna" means any combination of materials or equipment used exclusively for the purpose of sending or receiving, or both, electromagnetic waves for amateur radio service. C. "Amateur radio antenna support structure" or "antenna support structure" means any structure, such as a mast, pole, tower or any combination thereof, whether ground or roof mounted, freestanding or guyed, used exclusively for supporting an amateur radio antenna. D. "Ground mounted amateur radio antenna or amateur radio antenna support structures" means amateur radio antenna or amateur radio antenna support structures that are not fixed to any building or accessory structure. E. "Manager" means the Town Manager or his or her designee. F. "Roof mounted amateur radio antenna or amateur radio antenna support structures" means amateur radio antenna or amateur radio antenna support structures that are fixed to any building or accessory structure. G. "Overall height" means the total height of the amateur radio antenna or antenna support structure, or both, as measured from mean grade to the highest point of the antenna, the antenna support structure of the combination thereof. For roof mounted antenna and antenna support structures, the mean grade is measured from the established grade adjoining the exterior walls of the structure upon which the antenna or support structure is affixed. For ground mounted amateur radio antennas and antenna support structures, the mean grade is measured at the established grade adjoining such antenna and or support structure. 17.58.030 General requirements. 23 A. Amateur radio antenna and amateur radio antenna support structures are permitted in all zone districts provided they are in compliance with this Chapter. Additionally, unobtrusive wire antennas not supported by structures that are otherwise in compliance with the provisions of this section are permitted in all zone districts and are exempt from the provisions of this Chapter to the extent they do not interfere with public utilities or are otherwise deemed not unsafe in any respect. B. In zone districts where residential uses are permitted, amateur radio antennae and amateur radio antenna support structures shall not be used for co -location of commercial antennae. In non-residential zone districts, co -location of commercial antenna must comply with the requirements of Chapter 17.56. An otherwise lawful amateur radio antenna may be installed on a commercial antenna structure by agreement with the owner of such commercial antenna structure. C. All amateur radio antennae and amateur radio antenna support structures shall be in compliance at all times with the FCC regulations pertaining to amateur radio services. D. In zone districts where residential uses are permitted, amateur radio antenna and amateur radio antenna support structures do not require any permit from the Town as long as the overall height, as defined herein, does not exceed the maximum building height permitted in the respective zoning district by more than fifteen (15) feet. In non-residential districts, amateur radio antenna and antenna support structures do not require any permit from the Town as long as the overall height does not exceed the maximum building height permitted in the respective zone district. E. In residential zone districts, no amateur radio antenna and amateur radio antenna support structures shall be erected to a height that required the installation of lighting pursuant Federal Aviation Administration rules or regulations. F. No more than two (2) amateur radio antennae or amateur radio antenna support structures requiring a permit pursuant to this Chapter shall be permitted on a single lot. G. No amateur radio antenna or amateur radio antenna support structure shall have an overall height exceeding one hundred ninety-five (195) feet. H. No roof mounted amateur radio antenna or amateur radio antenna support structure shall be fixed to the side of a structure that faces a street. Roof mounted amateur radio antenna and amateur radio antenna support structures may 24 be allowed on the roof provided such antennas are not entirely on the portion of the roof facing a street. I. Ground mounted amateur radio antenna and amateur radio antenna support structures shall be Iocated only in the rear yard. J. The base of an amateur radio antennas or amateur radio antenna support structure shall be set back from all lot lines a distance greater than or equal to fifty percent (50%) of its overall height. Guy wires may be permitted in the setback area, provided no part of the anchors or the foundation shall encroach within one (1) foot of any lot line. K. Climbable ground mounted amateur radio antenna and antenna support structures shall be completely enclosed by a fence at least five (5) feet and no more than seven (7) feet in height or shall have appropriate anti -climb devices attached up to a height of at least five (5) feet. L. All ground mounted amateur radio antenna and antenna support structures shall be structurally sound enough and so designed as to withstand a wind speed of at least ninety (90) miles per hour or such other wind force required by the Town's building codes, whichever is greater. M. All amateur radio antenna and amateur radio antenna support structures shall be located and installed so as to be safe and to create minimum impact to surrounding properties. 17.58.040 Permit standards. A. A permit issued by the Manager is required for any amateur radio antenna or amateur radio antenna support structure, or both, where the overall height exceeds the maximum building height permitted in the respective zoning district by more than fifteen (15) feet in zone districts where residential uses are permitted or the maximum building height in non-residential zone districts. B. The applicant shall, at his or her expense, demonstrate structural stability and soundness of the proposed amateur radio antenna or amateur radio antenna support structure, or both, for which the permit is requested. This can be achieved by: 1. Providing a copy of the manufacturer's specifications regarding assembly, construction and erection, and a certification that such specifications shall be followed; or 2. A certification by a licensed professional engineer confirming the structural stability and soundness of the proposed amateur radio antenna or amateur radio antenna support structure. 25 C. The Manager may condition any permit approval on such reasonable conditions consistent with the intent and purpose of this Chapter, including measures that would help reduce the impact of such amateur radio antenna or amateur radio antenna support structure on the surrounding properties, including but not limited to appropriate landscaping. 17.58.050 Construction, alternation, maintenance and removal. A. Amateur radio antenna and amateur radio antenna support structures shall be erected within one (1) year of issuance of the permit. B. A new permit shall be required if alterations are made affecting the overall height or structural capacity of a permitted amateur radio antenna or amateur radio antenna support structure. C. The owner, or licensee as may be applicable, shall maintain a log that documents any and all alterations, maintenance measures, structural condition and routine inspection reports of the amateur radio antenna or amateur radio antenna support structure. The maintenance log shall also include the manufacturer's specifications where available and details of construction and erection. D. All amateur radio antennas and amateur radio antenna support structures are subject to inspection by the Town. The owner or licensee shall provide Town staff upon request a copy of the permit, where applicable, and the maintenance log. E. If an amateur radio antenna or amateur radio antenna support structure no longer meets FCC required safety standards or the requirements of this Chapter, the owner or licensee shall immediately notify the Town of the same and of such measures as will be taken to restore compliance. The owner or licensee shall be responsible for the removal or replacement of the amateur radio antenna and amateur radio antenna support structure as may be required to meet the requirements of this Chapter. F. The owner or licensee shall notify the Town at least thirty (30) days in advance of cessation of ownership or leasehold rights on the subject property and remove the amateur radio antenna and any amateur radio antenna support structure within sixty (60) days of termination of such rights. If ownership of the amateur radio antenna and amateur radio antenna support structure are transferred, the transferee shall apply for a transfer of any permit for the antenna or support structure. 26 17.58.060 Violations. It is unlawful for any person to construct, install or operate an amateur radio antenna or amateur radio antenna support structure that is not in compliance with this Chapter or with any condition contained in a permit issued pursuant to this Chapter. Amateur radio antennas and support structures installed prior to the adoption of this ordinance are exempt. 17.58.070 Administration, enforcement and penalties. A. This ordinance shall be administered by the Manager, who may enter any property on which an amateur radio antenna or amateur radio antenna support structure has been erected to conduct an inspection to determine whether the conditions set forth in this Chapter or any conditions set forth in a permit issued pursuant to this Chapter, or both, have been met. B. Violations of this Chapter are hereby declared a nuisance, and the same may be abated pursuant to the procedure established in Chapter 8.18 of this Code. C. Any person who fails to comply with any provision of this Chapter or a permit issued pursuant to this Chapter shall be subject to the general penalties as set forth in Section 1.16.010 of this code. D. Nothing in this Section shall be construed to prevent the Town from using any other lawful means to enforce this Chapter. Section 5. If any 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 Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 27 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �3' 01 day of Lbi , 2009. TOWN OF FIRESTONE, COLORADO a j J"- Chad Auer, Mayor ATTEST: J y He ood, Town C er 7/20/2009 9:31 AM [macl S:Tirwtone\0rdinanc6Small Wind Energy Communicaiton Facilities (Final),doc F�RES T•p�� owl m to CAN Y••C�� 28 ORDINANCE NO. 719 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, AMENDING THE FIRESTONE MUNICIPAL CODE CONCERNING TOWN SALES AND USE TAXES TO PROVIDE A CREDIT AGAINST SALES AND USE TAXES DUE IF A CERTAIN PUBLIC IMPROVEMENTS FEE HAS BEEN PAID IN CONNECTION WITH THE PROPERTY KNOWN AS UNION ANNEXATION NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals. A. The Town of Firestone (the "Town") is a municipal corporation of the State of Colorado. B. Lifebridge Christian Church, a Colorado nonprofit corporation ("Owner") is the fee owner of certain property proposed to be annexed into the Town comprising approximately 313 acres and generally known as Union (as more particularly defined in Exhibit A hereto, the "Property"). C. Owner intends to develop the Property as a phased, mixed -use development including, but not limited to, religious, commercial/retail and residential uses (the "Project"). D. The Town desires to cooperate in the development of the Property and the funding of certain public improvements required in connection therewith. E. In furtherance of the foregoing, the Town and the Owner have previously entered into a Public Improvements Reimbursement Agreement (Union Annexation) (the "Agreement") between the Owner and the Town, pursuant to which the Town is to cooperate in the funding of certain Public Improvements (as defined in the Agreement) through the reimbursement of certain costs associated with the construction and completion of Public Improvements from certain revenues generated from retail sales and construction activities within the Property, subject to the limitations set forth in the Agreement. F. Pursuant to a Declaration of Covenants Imposing and Implementing the Union Public Improvements Fee (the "PIF Covenant"), the Owner intends to impose a public improvements fee on certain sales or provisions of goods or services occurring within the Property and intends to impose a public improvements fee (on building materials only) on an applicant for a building permit within the Property, which public improvements fees (defined in the Agreement as the Credit PIF) are to be used to contribute to the financing of Public Improvements. 4834-9614-2851.3 G. Pursuant to the Agreement, the Town desires to provide a tax credit against the obligation to pay, collect and/or remit the sales and use tax to the Town for persons or entities who pay the portion of the public improvements fee defined in the Agreement as the Credit PIF. H. The Board has previously determined that the development of the Project, the construction of the Public Improvements and the reimbursements by the Town contemplated by the Agreement, which are to be facilitated by the implementation of the sales and use tax credit provided herein, are in the best interests of the Town. Section 2. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. Tax Credit. Chapter 3.08 of the Firestone Municipal Code is amended by the addition of the following provision: Notwithstanding any other provisions of this Chapter, and in order to implement the provisions of the Public Improvements Reimbursement Agreement (Union Annexation), dated July 23, 2009 (the "Agreement"), by and between the Town and Lifebridge Christian Church, there shall be granted to each person or entity obligated to pay, collect or remit the sales tax on the sale or provision of goods or services which are subject to Town sales taxes occurring within the Property, as defined in the Agreement and the Declaration of Covenants Imposing and Implementing the Union Public Improvements Fee (the "PIF Covenant"), and Exhibit A hereto, and incorporated herein by this reference, a tax credit against collection of the sales tax as hereinafter set forth. Such tax credit shall be granted in the form of a reduction in the applicable sales tax in an amount equal to the amount of revenues generated from the imposition and collection of the Credit PIF with respect thereto, and shall attach to a particular transaction only to the extent that the Credit PIF Revenues are received by the PIF Collecting Agent/Trustee for such transaction. Notwithstanding any other provisions of this Chapter, there shall be granted to each applicant for a building permit within the Property a tax credit against the collection of the Town's use tax (on building materials only) as hereinafter set forth. Such tax credit shall be granted in the form of a reduction in the applicable use tax rate (on building materials only) in an amount equivalent to the rate of the Credit PIF, and shall attach to a particular transaction only to the extent that the Credit PIF Revenues are received by the PIF Collecting Agent/Trustee for such transaction. The tax credit for both the sales tax and the use tax shall be automatic and shall take effect immediately upon the applicable retailer's (as reflected on the retailer's periodic sales tax report) or building permit applicant's remittance to and receipt by the PIF Collecting Agent/Trustee of the Credit PIF Revenues in accordance with the PIF Covenant and the Agreement. The tax credit for both the sales tax and the use tax (on building materials only) shall be granted during the Credit PIF Period and shall 4834-9614-2851.3 2 terminate when the Credit PIF Period terminates. The amount of sales and use tax credit granted hereunder shall equal the amount of the Credit PIF Revenues imposed and collected on Taxable Transactions by the application and imposition of the Credit PIF at a rate of 1.00%. All capitalized terms used in this section and not otherwise defined herein shall have the meanings given to them in the Agreement. Section 4. Effect of Credit. The Town Council hereby determines that the creation or termination of this sales and use tax credit does not constitute a tax increase, the imposition of a new tax, or a tax policy change directly causing a net tax revenue gain to the Town, and that nothing herein or in the Agreement creates a multiple fiscal year financial obligation or other indebtedness of the Town. Nothing herein, in the Agreement, or in the PIF Covenant prohibits the Town from amending or terminating this tax credit. Section 5. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 23rd day of Jam, 2009. TOWN OF FIRESTONE c LJ^- Chad Auer Mayor Attest: jo I rOA 5 9 1 4834-9614-2851.3 Draft 4/16/09 EXHIBIT A Legal Description of the Property A TRACT OF LAND SITUATED IN SECTION 5, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5; THENCE NORTH 89°31'00" EAST 2,696.54 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH 01 °05'27" WEST 2,613.54 FEET TO THE EAST ONE QUARTER CORNER OF SECTION 5; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5, NORTH 89'08'40" WEST 857.17 FEET; THENCE SOUTH 00*43'11" WEST 2,401.24 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES: THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 5,830.00 FEET, A CENTRAL ANGLE OF 09-44-11 CHORD OF SAID ARC BEARS NORTH 87°33'44" WEST 989.52 FEET) A DISTANCE OF 990.71 FEET; THENCE SOUTH 83°36'40" WEST 194.00 FEET; THENCE SOUTH 85°10'40" WEST 190.60 FEET; THENCE SOUTH 87°34'40" WEST 359.60 FEET; THENCE NORTH 70°23'20" WEST 65.87 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 3 1I2; THENCE NORTH 89*16'05" WEST 30.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE NORTH 00°43'55" EAST 2,416.68 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 5; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5, NORTH 00°43'36" EAST 1,391.14 FEET TO THE SOUTHEAST CORNER OF LOT B OF RECORDED EXEMPTION NO. 1313-05-2-RE 1389 OF WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16 COURSES: THENCE SOUTH 71 °34'28" WEST 546.55 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 2,904.00 FEET, A CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET) A DISTANCE OF 422.50 FEET; THENCE SOUTH 63'14'52" WEST 1,843.45 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,310.00 FEET, A CENTRAL ANGLE OF 05-19-20", CHORD OF SAID ARC BEARS SOUTH 65-54-32" WEST 121.64 FEET) A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE; NORTH 01 °04'47" EAST 831.73 FEET; THENCE NORTH 68°57'51" EAST 1,252.56 FEET; THENCE NORTH 27°20'44" EAST 1,224.16 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG 4834-9614-2851.3 4 Draft 4/16/09 SAID NORTH LINE, NORTH 89°41'22" EAST 295.05 FEET; THENCE SOUTH 16°04'00" WEST 145.38 FEET; THENCE SOUTH 06°35'40" EAST 42.71 FEET; THENCE SOUTH 38°40'00" EAST 57.32 FEET; THENCE SOUTH 63°35'24" EAST 111.77 FEET; THENCE SOUTH 88°41'43" EAST 134.80 FEET; THENCE NORTH 79*06'16" EAST 173.06 FEET; THENCE NORTH 71 °27'35" EAST 93.45 FEET; THENCE NORTH 52`23'30" EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID EAST LINE, NORTH 00°43'36" EAST 110.75 FEET TO THE NORTH ONE -QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOK 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5, SOUTH 00°43'36" WEST 1,159.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 71 °35'57" EAST 1,736.54 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 1,398.11 FEET, A CENTRAL ANGLE OF 41°46'51", CHORD OF SAID ARC BEARS NORTH 50°42'31" EAST 997.08 FEET) A DISTANCE OF 1,019.52 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE, NORTH 89°31'00" EAST 91.82 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 1,478.11 FEET, A CENTRAL ANGLE OF 43°34'37", CHORD OF SAID ARC BEARS SOUTH 49°48'39" WEST 1,097.29 FEET) A DISTANCE OF 1,124,19 FEET; THENCE SOUTH 71°35'57" WEST 1,764.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5; THENCE NORTH 00'43'36" EAST 84.68 FEET TO THE POINT OF BEGINNING. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 313.117 ACRES MORE OR LESS. 4834-9614-2851.3 5