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HomeMy WebLinkAboutREA ANNEXATION AND ZONING - 64 93C - SUBMITTAL DOCUMENTS - ROUND 1 - ANNEXATION DOCUMENTS6. The parties agree that this Agreement shall be specifically enforceable by a court of competent jurisdiction. In the event of a breach of any provision of this Agreement, the nonbreaching party may ask a court of competent jurisdiction to enter a writ of mandamus, temporary or permanent restraining orders, temporary or permanent injunctions, or orders of specific performance to compel the breaching party to perform its duties under this Agreement and to grant such other relief as may be accorded by law, it being the intent of this provision to supplement the general or common law of remedies. 7. The parties agree to sign any further documents reasonably required by the Owner or the City to carry out the terms of this Agreement. 8. This Agreement and any amendments to this Agreement shall be recorded with the Larimer County Clerk and Recorder and shall be binding upon and inure to the benefit of the transferees, successors, and assigns of the Owner. Upon conveyance of all or any portion of the Property by the Owner, the successor in interest shall be substituted for the Owner under this Agreement; and the former Owner shall be released from all duties and liability under this Agreement. 9. This Agreement shall be null and void if the City fails to approve the annexation of the Property on or before January 15, 1997 . This Agreement shall constitute a covenant running with the title to the Property. 10. This Agreement represents the entire Agreement between the parties. Any amendments to this Agreement to be effective shall be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement the day and year first written above. CITY OF FORT COLLINS, COLORADO By: Mayor ATTEST: City Clerk POUDRE VALLEY RURAL ELECTRIC ASSOCIA ION. By: Its: !G C:\OFFICE\PVREA\ANNEXFTC.ASC September 18, 1996 2. If the annexation of the Property, or any portion thereof, is challenged by any proceeding or action (including a referendum), all provisions of this Agreement, together with the duties and obligations of each party, including payment of all taxes, fees and charges of any kind or nature, directly or indirectly imposed by the City and enforcement, of all City ordinances on the Property shall be suspended, immediately upon filing of the referendum, pending the outcome of the referendum election. If the challenge results in disconnection of all or any portion of the Property from the City, then this Agreement and all provisions contained herein shall be null and void ab initio and have no further effect. If the challenge fails,- then Owner and the City shall continue to be bound by all the terms and conditions of this Agreement. The period of suspension of this Agreement shall end on the date the annexation ordinance is no longer subject to further legal challenge. Upon such disconnection, the City shall have no further obligations or responsibilities as to such disconnected property, and the Owner shall have no further obligation to the City. 3. The Property is currently served for water and sanitary sewer improvements through the Fort Collins/Loveland Water District and the South Fort Collins Sanitation District, and it shall not be necessary for the City to serve the Property. The Property is served by the Owner for electric service, and the duty and obligation for electric service shall remain with the Owner until the Property is sold by the Owner to a third party, at which time the Agreement between the City and the Owner regarding provision for electric service shall become effective. The Owner has storm drainage improvements in place that provide effective drainage for the Property; and no further storm drainage improvements on other property shall be required. The City will accept ownership of any storm drainage facilities on the Property. The Property has certain raw water rights that the City agrees the Owner may continue to be used for irrigation of the Property. If the Owner desires to transfer such raw water rights to the City in exchange for any requirement for contribution of raw water rights of the City, the City agrees to accept such rights, and then allow the Owner to use such rights for irrigation. No off site improvements shall be required by the City for development of the Property since all such improvements are in place. 4. In the event any ordinance becomes effective in the City within twenty years after the effective date of the annexation ordinance, and such ordinance alters and limits any Owner's right. to use the Property as contemplated by this Agreement, then the City, upon the written request of Owner, will proceed to take all necessary action to immediately disconnect of the Property from the City's boundaries, and the Property may not be annexed subsequently except by voluntary petition by the Owner. 5. Except as set forth in this Agreement, the Property shall be subject to the police power and legislative authority of the City, after final annexation of the Property. E ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and entered into this 18th day of September 1996, between the CITY OF FORT COLLINS, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "City" and POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., a Colorado corporation, hereinafter referred to as the "Owner." RECITALS: The following recitals are a material part of this. Annexation Agreement (the "Agreement") A. Owner is the owner of property more fully described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). B. Owner has determined that it is desirable for the future development of the Property to annex the Property into the City and has, contemporaneously with the effectiveness of this Agreement, filed a Petition to annex the Property (the "Petition") to the City; and the Petition is on file with the City Clerk. C. The City desires to approve and accept the Petition for Annexation and to annex the Property to the City. D. The Owner and the City desire to establish conditions with regard to the use of the Property and to provide for zoning of the Property and certain requirements for the subsequent development of the Property. E. The Owner and the City desire to establish conditions with regard to this annexation and the use of the Property and to provide for the zoning of the Property in accordance with Colorado law and to establish certain requirements for the subsequent development of the Property. NOW, THEREFORE, the parties agree as follows: 1. The Owner has, contemporaneously with the effectiveness of this Agreement, petitioned for annexation of the Property to the City upon the expectation and agreement of the City that the City will zone the Property in the City's C-L zone without a PUD condition. Pursuant to §31-12-115, C.R.S., the Property shall be zoned within thirty days of the effective date of the annexation ordinance as provided in the Agreement. If zoning in the City's C- L zoning classification is not finally approved by appropriate ordinance within thirty days after the date that the annexation ordinance and is no longer subject to further legal challenge, the City will upon the request of any Owner proceed to enact an ordinance disconnecting the Property from the City. Upon such disconnection, the City shall have no further obligations or responsibilities as to the Property; and the Owner shall have no further obligations or responsibilities to the City. 1