HomeMy WebLinkAbout1035 Annexing CDOT Mobility HUB into the Town of Firestone 10-25-20234980506 09/04/2024 01.06 PM
Total Pages: 20 Rec Fee: $108.00
Carly Koppes - Clerk and Recorder, Weld County, CO
ORDINANCE NO. 1035
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO ANNEXING THE PROPERTY KNOWN AS THE
CDOT MOBILITY HUB ANNEXATION TO THE TOWN OF FIRESTONE,
COLORADO; AND APPROVING THE ASSOCIATED ANNEXATION
AGREEMENT
WHEREAS, the Board of Trustees previously adopted Resolution 23-93, finding substantial
compliance and initiating annexation proceedings for the CDOT Mobility Hub Annexation, as described
therein and as described below; and
WHEREAS, the Board of Trustees previously adopted Resolution 23-114, setting forth findings
of fact and determinations regarding the eligibility of CDOT Mobility Hub Annexation for annexation;
and
WHEREAS, the Colorado Department of Transportation, who submitted the petition relating to
the CDOT Mobility Hub Annexation, and the Town wish to agree to certain terms pertaining to the
CDOT Mobility Hub Annexation; and
WHEREAS, the Board of Trustees has determined that it is in the best interests of the Town of
Firestone to annex the property to be known as CDOT Mobility Hub Annexation (the "Property") to the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees makes and adopts the determinations and findings
contained in the recitals set forth above.
Section 2. The Board of Trustees hereby incorporates the findings of Resolution 23-93 and
Resolution 23-114; the Board of Trustees further finds that the annexation of the Property is in
compliance with the Municipal Annexation Act of 1965 and that it is in the best interests of the Town to
annex the Property to the Town.
Section 3. The Property, as more particularly described in Exhibit A, attached hereto and
incorporated herein, is hereby annexed to the Town and made a part of the Town, to be known as the
CDOT Mobility Hub Annexation, which annexation shall become effective upon completion of the
conditions contained in C.R.S. § 31-12-113, including, without limitation, all required filings for
recording with the Weld County Clerk and Recorder.
Section 4. The Annexation Agreement between the Colorado Department of Transportation
and the Town of Firestone regarding the CDOT Mobility Hub Annexation is approved in substantially
the same form as the copy attached hereto as Exhibit B. Upon the effective date of this Ordinance, the
Mayor is authorized to execute such Agreement on behalf of the Town.
Section 5. That in annexing the Property to the Town, the Town does not assume any
obligation regarding the construction of water mains, sewer lines, gas mains, electrical service lines,
streets or any other service or utilities in connection with the Property hereby annexed, except as may
be provided by ordinances of the Town.
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INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY
TITLE this 25th day of October, 2023.
TOWN OF FIRESTONE, COLORADO
Drew Aliu ete on, Mayor"
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ATTEST; 10
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APPROVE" TO F
William P. Hayashi, To Attorney
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EXHIBIT A
(Legal Description)
TWO AREAS OF LAND IN THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 2 N, RANGE 68 W, OF
THE 6TH PRINCIPAL MERIDIAN, IN WELD COUNTY, COLORADO, SAID TRACT OR PARCEL
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST SIXTEENTH CORNER OF SAID SECTION 11, AS MONUMENTED BY
A 2" ALUMINUM CAP STAMPED "PLS 29430" THENCE S65° 12' 37" W, A DISTANCE OF 275.8 TO A
POINT ON THE RAM LAND ANNEXATION, AS DESCRIBED IN THE COUNTY OF WELD AT REC NO
2720551, DATED 09/15/99, SAID POINT BEING THE POINT OF BEGINNING A;
PARCEL DESCRIPTION (AREA A)
1. THENCE ALONG SAID ANNEXATION AND THE COWBOY CORRAL ANNEXATION, AS
DESCRIBED IN THE COUNTY OF WELD AT REC NO 3461534, DATED 3/13/07, S00°09'17E, A
DISTANCE OF 78.31 FEET TO A POINT ON THE LAMBERTSON ANNEXATION, AS
DESCRIBED IN THE COUNTY OF WELD AT REC NO 3502678, DATED 09/07/07;
2. THENCE AROUND SAID LAMBERTSON ANNEXATION, S02°27'44"E, A DISTANCE OF 3 72. 10
FEET;
3. THENCE S89029'00"W, A DISTANCE OF 487.21 FEET TO POINT A;
4. THENCE N17058'40"E, A DISTANCE OF 85.75 FEET;
5. THENCE LEAVING SAID LAMBERTSON ANNEXATION, N12°04'45"E, A DISTANCE OF 322.34
FEET;
6. THENCE N89050'41 "E, A DISTANCE OF 322.44 TO THE POINT OF BEGINNING OF A;
THE ABOVE DESCRIBED AREA CONTAINS 188,897 SQ. FT. (4.336 ACRES), MORE OF LESS.
AND BEGINNING AT POINT OF BEGINNING A; THENCE S00°09'17"E, A DISTANCE OF 78.31 FEET;
THENCE S02027'44"E, A DISTANCE OF 372.10 FEET; THENCE S89°29'00"W, A DISTANCE OF 487.21
FEET; THENCE S 19°27'41 "W, A DISTANCE OF 80.87 FEET TO POINT OF BEGINNING B;
PARCEL DESCRIPTION (AREA B)
1. THENCE CONTINUING ALONG SAID LAMBERTSON ANNEXATION, S 19.27,41 "W, A
DISTANCE OF 270.00 FEET;
2. THENCE S 110 13'03"W, A DISTANCE OF 343.47 FEET;
3. THENCE S72044'43"E, A DISTANCE OF 144.50 FEET TO A POINT ON SAID COWBOY
CORRAL ANNEXATION;
4. THENCE S39028'31"W, A DISTANCE OF 311.91 FEET;
5. THENCE S05022'12"W, A DISTANCE OF 294.59 FEET;
6. THENCE LEAVING SAID COWBOY CORRAL ANNEXATION, N, N83°38'05"W, A DISTANCE
OF 29.19 FEET;
7. THENCE N07018'39"E, A DISTANCE OF 286.35 FEET;
8. THENCE N11°03'13"E, A DISTANCE OF 528.81 FEET;
9. THENCE N11044'51 "E, A DISTANCE OF 172.42 FEET;
10. THENCE E N27031'09"E, A DISTANCE OF 217.99 FEET TO POINT OF BEGINNING B
THE ABOVE DESCRIBED AREA CONTAINS 47,019 SQ. FT. (1.079 ACRES), MORE OR LESS.
THE TOTAL ABOVE DESCRIBED PARCELS COMBINED CONTAIN 235,915 SQ. FT. (5.416 ACRES),
MORE OR LESS.
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EXHIBT B
(Annexation Agreement)
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Total Pages: 16 Rec Fee: $88.00
Carly Koppes - Clerk and Recorder, Weld County, CO
FIRESTONE LONGMONT MOBILITY HUB
ANNEXATION AGREEMENT
This Agreement is made and entered into thi,,A_;lay of , 2024, by and
between STATE OF COLORADO DEPARTMENT OF 'I'IIANSPo A'FION, ("Annexor"),
whose legal address is 2829 W. Howard Place, Denver, Colorado, 80204 and the TOWN OF
FIRESTONE, a Colorado municipal corporation, with a legal address of 9950 Park Avenue,
Firestone, Colorado, 80504 (the "Town"). The "Town and Annexor may be termed individually a
"Party" or collectively the "Parties."
WHEREAS, the Annexor holds fee title to more than fifty percent (50%) of the property
to be atmexed to the Town pursuant to the FIRESTONE LONGMONT MOBILITY HUB
ANNEXATION and as more particularly described in Exhibit A, attached hereto, (hereinafter the
"Annexation Property" or the "Property"); and
WHEREAS, the Annexor desires to have the Property annexed to and be subject to the
jurisdiction of the Town, upon and subject to the terms and conditions set forth herein, all of which
conditions are agreeable to the Annexor; and
WHEREAS, the Annexor intends to file a Petition to annex the Property to the Town; and
WHEREAS, the Parties desire to include in this Agreement certain provisions,
understandings and agreements regarding the Property and its annexation; and
WHEREAS, the Town Board of Trustees has determined that it is in the best interest of
the Town to annex the Property, to provide municipal services thereto, and to receive revenues, if
applicable, froin the Property upon the terms and conditions contained herein.
THEREFORE, in consideration of the recitals, promises, mutual covenants and
agreements herein contained, the parties agree as follows:
Warranties of Parties.
(a) Annexor.
(i) Annexor is the legal and equitable owner of that certain portion of the
Annexation Property, as more particularly described in Exhibit A-1.
(b) Town of Firestone
(i) The Town of Firestone is a Colorado statutory municipality and has the
power to take all actions required to authorize this Agreement and to carry out the
obligations hereunder.
2. Annexation. The annexation of the Annexation Property shalt be in accordance
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with the Colorado Municipal Annexation Act of 1965, as amended, the Firestone Municipal Code
and all applicable laws.
(a) Conditions Precedent. Annexation of the Property shall not become
effective, and neither the Annexor nor the Town shall record or cause to be recorded the
items described in C.R.S. § 31- 12- 113(2)(a)(II)(A) or this Agreement, until all of the
following conditions have been satisfied (it being acknowledged that the Town shall record
the requisite documents to effect annexation of the Property upon satisfaction of the
conditions precedent):
(i) The Annexor and the Town have mutually executed and delivered this
Agreement;
(ii) The ordinance approving the annexation of the Property has become
effective in accordance with the provisions of the Firestone Development
Code; and
(iii) The Board of Trustees approves Regional Commercial (RC) zoning for the
Property.
(b) Failure of Conditions. Until the conditions precedent set forth in
subparagraph 2.a have been satisfied, this document shall constitute an offer by the
Annexor and the Town to enter into this Agreement (notwithstanding the parties' mutual
execution and delivery of this document), and the annexation of the Property to the Town
shall not become effective. In such case, neither the Annexor nor the Town shall record or
cause to be recorded this Agreement or the items described in C.R.S. § 31- 12-
1 13(2)(a)(II)(A).
3. Purpose. The purpose of this Agreement is to set forth the terms, conditions, and
fees to be paid by the Annexor upon the initial development of the Property. Unless otherwise
expressly provided to the contrary herein, all conditions contained herein are in addition to any
and all requirements of the Firestone Development Code and Firestone Municipal Code, as
amended.
4. Consent to Annexation. Annexor hereby consents to the annexation of the Property
subject to the terms of any Petition for Annexation filed with the Town, pursuant to C.R.S. § 31-
12-107(1), and this Agreement.
5. Zoning.
(a) Annexor hereby consents to the zoning of the Property as Regional
Commercial (RC), in accordance with the Town's established zoning designations. Initial
zoning of the Property shall be considered simultaneously with the Petition for Annexation
by the Town as allowed by the Colorado Municipal Annexation Act of 1965.
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(b) Because the zoning of property in Colorado constitutes legislative action by
a municipality, nothing in this Agreement shall be construed to be an agreement,
commitment, or contract binding the Town to approval of any specific zoning. Moreover,
nothing in this Paragraph shall constitute or be interpreted as a waiver or abrogation of the
Town's legislative, governmental, or police powers to later rezone the Property to promote
and protect the health, safety and general welfare of the Town or its inhabitants.
6. Application of Town Laws. Except as expressly provided herein, all Town
ordinances, regulations, policies, and procedures, and all requirements contained in the Firestone
Development Code and Firestone Municipal Code, currently in effect and as the same may be
amended from time to time, shall be applicable to the use and development of the Property, upon
annexation.
7. Water Services. The Town will provide water services to the Annexation Property,
if Aiulexor satisfies all requirements of the Firestone Development Code or Firestone Municipal
Code including, but not limited to, the dedication of water rights and/ or the payment of fees in
lieu thereof, and the construction of water lines and facilities necessary to service the land use
proposed for the Property.
(a) No Vested Rights. IT IS EXPRESSLY UNDERSTOOD AND AGREED
THAT ANNEXOR HAS NO CLAIM OR ENTITLEMENT TO RECEIVE WATER
UTILITY SERVICES FROM THE TOWN OR RIGHT TO ANY PORTION OF THE
SUPPLY OF WATER OR CAPACITY IN THE TOWN'S WATER SYSTEM TO SERVE
THE POTENTIAL MAXIMUM DEVELOPMENT OF THE PROPERTY OR FUTURE
SUBDIVISION PHASES UNDER 'PHIS AGREEMENT. Annexor acknowledges and
agrees that no vested property rights are granted by this Agreement. Further, Annexor
hereby waives and releases any common law vested rights, whether known or unknown,
suspected, or unsuspected, contingent or fixed, relating to water treatment and conveyance
capacity, which Annexor may or might hereafter have or acquire against the Town arising
from or relating to the granting of any land -use approvals, building permits, certificates of
occupancy, or the construction of public improvements.
(b) System Connection. Annexor acknowledges and agrees that capacity in the
Town's water system may not be available or capable of serving the potential maximum
development of the Property, and that the Town is not making and it expressly disclaims
any express or implied warranty, representation, or commitment of any kind that the
Property is capable of receiving water utility services from the Town, to sell or furnish
utility services or extend utility infrastructure to the Property for future development, or to
make available capacity from the existing Town water utility system sufficient to meet the
projected water needs of the Property or any future development of the Property.
(c) No Guarantee of Water. Nothing in this Agreement shall be construed to
provide or warrant, and the Town specifically disclaims, and that it is obligated under this
Agreement to supply any guaranteed minimum or maximum volume or quantity of potable
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water to the Property at any time, nor is the Town making any express or implied warranty,
representation, or commitment of any kind regarding the available supply, flow rates or
quantity of potable water.
8. Sewer Services. Town does not provide wastewater services to the Annexation
Property, and Annexor acknowledges that the Town has no obligation under this Agreement to
provide sewer service to the Annexation Property upon annexation. Annexor is directed to St.
Vrain Sanitation District for the provision of wastewater services. Annexor shall be responsible
for satisfying all requirements of St. Vrain Sanitation District for the extension of wastewater
services necessary to serve the land use proposed for the Annexation Property.
9. Other Services. Upon annexation, the Town shall provide all customary public
safety (but excluding fire protection) and public roadway and maintenance services to the
Annexation Property, to the same extent and upon the same terms and conditions as such services
are provided to other properties throughout the Town.
10. Special District Formation. The Town will allow the formation of a special district
on the Property to finance the construction of public improvements, subject to the applicable
provisions of the Firestone Development Code and Firestone Municipal Code, as amended.
(a) Annexor shall submit a proposed service plan for the special district, and
the Town shall review and timely act upon such service plan and the organization of the
special district in accordance with C.R.S., § 32-1-204.5, and any other applicable state
statutes.
11. Special District Inclusion. Upon annexation or upon thirty (30) days' written notice
of the Town to Annexor, as determined by the Town, Annexor shall initiate an action necessary to
assure inclusion of the Annexation Property into the Northern Colorado Water Conservancy
District, the Municipal Subdistrict, Norther Colorado Water Conservancy District, the St. Vrain
Sanitation District, Frederick -Firestone Fire Protection District, the Carbon Valley Recreation
District (if the Property is not yet within one or more of these districts), and any other special
districts as determined by the Town.
12. Special District Exclusion.
(a) Upon annexation, Annexor will initiate and diligently pursue actions
necessary to assure exclusion of the Annexation Property from any and all special districts
that provide municipal services to the Annexation Property of a type described in sections
7 and 8; provided, however, that Annexor shall not be required to complete any such
exclusion until such time that the Town or the special districts are able to actually provide
such services to the Annexation Property.
(b) Upon annexation, the Town may, at its option, initiate actions necessary to assure exclusion
of the Property from any and all special districts that provide municipal services to the Annexation
Property of a type described in sections 7 and 8. The Annexor shall bear the related costs and legal
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fees for said exclusion, including any amounts as may be required to pay to any special district to
effectuate exclusion, if the exclusion proceedings are initiated within 12 months of the effective
date of the annexation.
13. Water Dedication. To the extent that there are appurtenant to the Property certain
surface and/or groundwater "water rights" owned by Annexor, ("the Water Rights"), Annexor
agrees to grant to the Town a right of first refusal relating to the Water Rights as follows:
(a) Grant of Right of First Refusal. Annexor hereby agrees to grant to the Town
a right of first refusal to acquire the Water Rights, if any, owned by Annexor ("Right of
First Refusal").
(b) Exercise of Right of First Refusal. Annexor will not sell the Water Rights,
or any part thereof, without first offering it to the Town for purchase. The Right of First
Refusal granted to the Town shall be honored by Annexor and exercised in the following
manner:
(i) If, at any time, Annexor elects to place the fee title interest in the
Water Rights for sale to a third -party, or Annexor receives a bona
fide third -party offer to purchase or otherwise acquire title to the
Water Rights, or any part thereof, any contract which may be entered
into between Annexor and such bona fide purchaser shall
specifically provide that the transaction shall be subject to the
Right of First Refusal set forth in this Agreement.
(ii) In the event that Annexor enters into such contract with a bona
fide third -party purchaser, the Town shall have the prior right to
purchase and acquire title to the Water Rights, or the portion
thereof described in such contract, upon the same terns and
conditions as therein provided or, at Annexor's option, for cash,
except in the event the Water Rights are to be conveyed or
purchased in conjunction with a transfer of the Annexation
Property; in such case where the fee title interest in the Water
Rights is to be conveyed or purchased in conjunction with the sale
or purchase of the fee title interest in the Annexation Property, the
Town shall have the prior right to purchase and acquire title only
to the Water Rights without having to acquire the Annexation
Property with the Water Rights, and if the Town exercises the
right of first refusal under such circumstances, Annexor shall be
required to execute and deliver a Dry -Up covenant as part of the
proposed sale and conveyance of the Water Rights to the Town.
(iii) Annexor shall submit to the "Town a duplicate original of an
executed contract with the bona fide purchaser, together with
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duplicate originals executed by Annexor of a contract between
Annexor and the Town, containing the same terms and conditions
as the purchase and sale contract with the third -party bona fide
purchaser, except as provided in paragraph (ii) above. If, after the
receipt of such documents, the Town shall fail to exercise its right
of first refusal by signing and returning to Annexor within 60 days
of receipt, a signed copy of said contract, Annexor shall have the
right to conclude the proposed sale and conveyance on the same
terms and conditions, and no other, as in the contract with the bona
fide third -party purchaser.
(iv) The Town's failure to exercise its Right of First Refusal, or its
written disclaimer of such right, shall be deemed a waiver and
cancellation of such Right of First Refusal if the proposed sale and
conveyance to the same bona fide third party purchaser is
consummated. If the proposed sale and conveyance to the same bona
fide third -party purchaser is not consummated, the Right of First
Refusal herein set forth shall not be deemed waived or cancelled,
but shall remain in full force and effect. The Town's failure to
exercise, or disclaimer of, such Right of First Refusal with respect
to any transfer of less than all of the Water Rights shall not be
deemed a waiver of such right with respect to that part of the Water
Rights owned by Annexor after such transfer.
(v) This Right of First Refusal shall apply to all transactions involving
a conveyance of title to the Water Rights, or any portion thereof,
including but not limited to a purchase, an exchange, or any other
transfer of an interest in the Water Rights for consideration.
(c) Non -Transferability. This Right of First Refusal shall be deemed a right
extended solely and exclusively to the Town and to no third parties whether or not affiliated
with the Town. The Town shall not convey or assign, in whole or in part, any of its rights
associated with this Agreement to any person or third -party without Annexor's prior
written consent, which shall not be unreasonably withheld.
14. Special Provisions.
(a) Mobility HUB Maintenance- CDOT will be responsible for maintenance of
the entire Mobility Hub area unless or until another maintenance agreement is reached
(b) Signalization. CDOT will evaluate traffic volumes once the Mobility Hub
is constructed and operational and at appropriate intervals thereafter. If a future
development's Traffic Impact Study ("TIS") shows that the intersection at the Mobility
Hub warrants signalization in conjunction with CDOT's input, it will be the responsibility
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of the Annexor to create and construct the proper signalization. If it is demonstrated that
the signal is warranted by a TIS or other appropriate means prior to and future development,
CDOT commits to installation of a signal once funds are identified and allocated for this
purpose.
15. Assignment. The rights, duties, and obligations of the Annexor hereunder may be
assigned to another person or entity only with the prior written consent of the Town. In such event,
the assignee shall assume all of the rights, duties, and obligations of the Annexor hereunder and
the Annexor shall be correspondingly relieved from all such liabilities, duties, and obligations.
16. Notices. All notices, demands or other documents required or desired to be given
to either party under this Agreement shall be made in writing and shall be deemed effective upon
receipt and shall be personally delivered or mailed by certified mail as follows:
Town: Town Manager
Town of Firestone
9950 Park Avenue,
Firestone, CO 80504
Annexor: State of Colorado Department of Transportation
2829 W. Howard Place,
Denver, Colorado, 80204
17. Remedies. The sole and exclusive remedies of Annexor against the Town for any
breach of this Agreement shall be limited to breach of contract claims. The Town's remedies under
this Agreement include, but are not limited to, the following:
(a) The refusal to issue any building permit or certificate of occupancy;
(b) The revocation of any building permit previously issued under which
construction directly related to such building permit has not commenced, except a building
permit previously issued to a third party;
(c) A demand that the security given for the completion of any public
improvements be paid or honored; and
(d) Any other remedy available at law.
18. Cooperation. This Agreement is the product of the voluntary and cooperative effort
of the Parties and shall not be construed or interpreted against either Party solely on the basis of
that Party having drafted any portion of this Agreement
19. Binding Effect of Agreement. This Agreement shall inure to the benefit of and be
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binding upon the successors and the assigns of the respective parties. The parties' respective rights
and obligations set forth in this Agreement shall constitute covenants that shall run with the land.
20. Recordation. Upon annexation of the Property, this Agreement shall be recorded
in the records of the Clerk and Recorder of Weld County, State of Colorado.
21. Future Acts. Following execution of this Agreement, the parties covenant and
agree that they will cooperate with each other in accomplishing the terms, conditions, and
provisions of the Agreement, and will execute such additional documents as necessary to
effectuate the Agreement.
22. Third Parties. The covenants, stipulations and agreements contained in this
Agreement are and shall be for the sole and exclusive benefit of the parties hereto and their
respective successors and assigns, and nothing in this Agreement, express or implied, is intended
nor shall be construed of confer upon or give any other person any rights, remedy or claim under
or by reason of the Agreement. The Town shall not be obligated or liable under the terms of this
Agreement to any person or entity not a party hereto. Further, the Town shall not be bound by any
contracts or conditions that Annexor may negotiate with third parties related to matters set forth in
this Agreement.
23. Police Power. Nothing contained in the Agreement shall constitute or be
interpreted as a repeal of existing Codes or ordinances or as a waiver or release of the Town's
legislative, governmental or police powers to promote and protect, the health, safety, morals or
general welfare of the municipality or its inhabitants. This Agreement shall not prohibit the
enactment by the Town of any tax, fee, ordinance, resolution, rule, or regulation which is of
uniform and general application.
24. No Partnership or Agency. Notwithstanding any language in this Agreement,
neither party shall be deemed a member, partner, or joint venture of each other and neither party
shall be responsible for the debts or liabilities of the other nor the other's contractor or agent.
25. Venue. This Agreement is being executed and delivered and is intended to be
performed in the State of Colorado, and the laws of Colorado shall govern the validity,
construction, enforcement, and interpretation of this Agreement. Exclusive jurisdiction and venue
for resolution of any dispute arising hereunder shall be in the District Court for Weld County,
Colorado.
26. Atoorney's Fees. In the event that it is necessary to initiate legal proceedings to
enforce the provisions of this Agreement, the non -prevailing party shall be responsible for all
reasonable legal expenses and costs incurred by the prevailing party, including reasonable
attorney's fees.
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27. Effective Date. This Agreement shall be effective and binding upon the parties
immediately upon the effective date of an ordinance annexing the Property, regardless of whether
the Agreement is executed prior to the effective date of said ordinance annexing the Property.
28. Entire Agreement. This Agreement including the Exhibits and Recitals, which are
incorporated herein, set forth the entire agreement of the parties concerning the Den -more
Annexation. There are no promises, terms, conditions, or obligations other than those contained
herein that exist with respect to the annexation. This Agreement shall supersede all other
provisions, communications, representations, or agreements, either verbal or written, between the
parties with respect to the annexation and the economic incentives.
29. Waiver Limitations. A written waiver by either party to this Agreement of the
breach of any term or provision of this Agreement shall not operate or be construed as a waiver or
any subsequent breach by another party.
30. I leadinas. The headings of the sections or subsections of this Agreement are only
for the convenience and reference of the parties and are not intended to define, limit, or describe
the scope or intent of this Agreement.
31. Severability. If any part, term or provision of this Agreement is held by any court
of competent jurisdiction to be illegal, invalid or unenforceable, the validity of the remaining
provisions shall not be affected, and the rights and obligations of the parties shall be construed and
enforced as if the Agreement did not contain the particular part, term or provision held to be
invalid, and the parties shall cooperate to cure any such defect.
32. No Vested Property Rim. It is understood and agreed by the parties that no vested
property rights are granted by this Agreement. The Annexor represents to the Town that there are
no vested rights to the Annexation Property from the County of Weld or any other governmental
entity. Annexor hereby waives and releases any prior vested rights which may have been so
granted or acquired in Weld County so long as the Property remains annexed into the Town.
33. Disconnection. No right or remedy of disconnection of the Annexation Property
from the Town shall accrue from this Agreement, other than that provided by C.R.S. § 31-12-1 19.
In the event the Annexation Property or any portion thereof is disconnected from the Town at the
Annexor's request, the Town shall have no obligation to serve the disconnected Annexation
Property.
34. Referendum. If the annexation of the Annexation Property or any portion thereof
is challenged by a referendum, all provisions of the Agreement, together with the duties and
obligations of each party, shall be suspended pending the outcocne of the referendum election. If
the referendum challenge to the annexation results in disconnection of the Annexation Property
from the Town, then this Annexation Agreement shall be null and void and of no further effect. If
the referendum challenge fails, then the Annexor and the Town shall continue to be bound by this
Annexation Agreement.
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35. Court Order. In the event that the annexation of the Property or any portion thereof
is voided by Final Action ("Final Action" means that no appeal can be made or the time to appeal
has expired) of a court of proper jurisdiction (such Final Action not being associated with
referendum or initiative matters), the Town and the Annexor shall cooperate to cure any legal
defects cited by the court or that resulted in disconnection of the Annexation Property, and
immediately upon such cure this Annexation Agreement shall be deemed to be an agreement to
annex the Property to the Town pursuant to the Colorado Municipal Annexation Act of 1965. The
Annexor shall reapply for annexation when the Initial Annexation Property becomes eligible for
annexation as determined by the Town.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
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ANNEXOR:
STATE COLORADO DEPARTMENT OF TRANSPORATION
--I -�z
S TEVr�COLORADO
ss.
COUNTY OF )
e� e f regoing Annexation Agreement was signed and sworn to before me byfl
, as of State of Colorado Department of Transportation, this0TWay
of , 20
Witness my hand and official seal.
X, —
���AQr�ea-�
(Notary Public Official Sig ture)
------------------ - . --
(Title of office)
(Commission Expiration)
BERTHA A. JAIMES
Notary Public - State of Colorado
Notary ID 20134025434
My Commission Expires July 21, 2025
(Remainder of page left intentionally blank —Signature Pages to follow)
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TOWN OF FIRESTONE, a Colorado municipal
corporation
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EXHIBIT A
TWO AREAS OF LAND IN THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 2 N,
RANGE 68 W, OF THE 6TH PRINCIPAL MERIDIAN, IN WELD COUNTY, COLORADO,
SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST SIXTEENTH CORNER OF SAID SECTION 11, AS
MONUMENTED BY A 2" ALUMINUM CAP STAMPED "PLS 29430" THENCE S650 12' 37"
W, A DISTANCE OF 275.8 TO A POINT ON THE RAM LAND ANNEXATION, AS
DESCRIBED IN THE COUNTY OF WELD AT REC NO 2720551, DATED 09/15/99, SAID
POINT BEING THE POINT OF BEGINNING A;
PARCEL DESCRIPTION (AREA A)
1. THENCE ALONG SAID ANNEXATION AND THE COWBOY CORRAL,
ANNEXATION, AS DESCRIBED IN THE COUNTY OF WELD AT REC NO
3461534, DATED 3/13/07, S00°09'17"E, A DISTANCE OF 78.31 FEET TO A POINT
ON THE LAMBERTSON ANNEXATION, AS DESCRIBED IN THE COUNTY OF
WELD AT REC NO 3502678, DATED 09/07/07;
2. THENCE AROUND SAID LAMBERTSON ANNEXATION, S02°27'44"E, A
DISTANCE OF 372.10 FEET;
3. THENCE S89029'00"W, A DISTANCE OF 487.21 FEET TO POINT A;
4. THENCE N 17°58'40"E, A DISTANCE OF 85.75 FEET;
5. THENCE LEAVING SAID LAMBERTSON ANNEXATION, NI2-04'45"E, A
DISTANCE OF 322.34 FEET;
6. THENCE N89050'41 "E, A DISTANCE OF 322.44 TO THE POINT OF BEGINNING
OF A;
THF, ABOVE DESCRIBED AREA CONTAINS 189,897 SQ. FT. (4.336 ACRES), MORE OF
LESS.
AND BEGINNING AT POINT OF BEGINNING A; THENCE S00'09'17"E, A DISTANCE OF
78.31 FEET; THENCE S02'27'44"F_, A DISTANCE OF 372.10 FEET; THENCE S89'29'00"W,
A DISTANCE OF 487.21 FEET; THENCE S 19'27'41 "W, A DISTANCE OF 80.87 FEET TO
POINT OF BEGINNING B;
PARCEL DESCRIPTION (AREA B)
I. 'THENCE CONTINUING ALONG SAID LAMBEWI'SON ANNEXATION,
S 19.27-41 "W, A DISTANCE OF 270.00 FEET;
2. THENCE S 1 to 13'03"W, A DISTANCE OF 343.47 FEET;
3. THENCE S72044'43"E, A DISTANCE OF 144.50 FEET TO A POINT ON SAID
COWBOY CORRAL ANNEXATION;
4. THENCE S39028'31 "W, A DISTANCE OF 311.91 FEET;
5. THENCE S05022' 12"W, A DISTANCE OF 294.59 FEET;
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6. THENCE LEAVING SAID COWBOY CORRAL ANNEXATION, N, N83-38'05"W, A
DISTANCE OF 29.19 FEET;
7. THENCE N07"18'39"E, A DISTANCE OF 286.35 FEET;
8. THENCE NI 1 °03' 13 "E, A DISTANCE OF 528.81 FEET;
9. THENCE NI 1 044'51 "E, A DISTANCE OF 172.42 FEET;
10. THENCE E N27031'09"E, A DISTANCE OF 21799 FEET TO POINT OF
BEGINNING B
THE ABOVE DESCRIBED AREA CONTAINS 47,019 SQ. FT. (1.079 ACRES), MORE OR
LESS.
THE TOTAL ABOVE DESCRIBED PARCELS COMBINED CONTAIN 235,915 SQ. FT.
(5.416 ACRES), MORE OR LESS.
14
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EXHIBIT A-1
15
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