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Home My WebLink AboutFLATIRON EAST PROSPECT ROAD FIRST ANNEXATION & ZONING - 28-88, A - SUBMITTAL DOCUMENTS - ROUND 3 - PETITION• ATTACHMENT "B" TO PETITION FOR FLATIRON EAST PROSPECT ROAD FIRST ANNEXATION ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (the "Agreement") dated as of a,, , 1988, is between FLATIRON COMPANIES, a Colorado general'\J partnership, P. 0. Box 229, Boulder, Colorado 80306 ("Flatiron"), and the CITY OF FORT COLLINS, a Colorado municipal corporation (the "City"). RECITALS A. Flatiron owns approximately 144 acres of land along East Prospect Road on the southern boundary adjacent to the City which land is more particularly described on Exhibit A hereto (the "Prop- erty"). An affiliate of Flatiron, Flatiron Paving Company, exca- vates, imports and processes sand and gravel and conducts manufac- turing and sales operations on the Property (the "Existing Use"). The Existing Use is more particularly described hereafter. B. The City desires to annex the Property and Flatiron desires the Property to be annexed. Both the City and Flatiron desire that the Existing Use of the Property be continued, without imposition of any requirement for approval of a Planned Unit Devel- opment. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows: 1. If the City approves the annexation and zoning of the property, then such annexation and zoning shall be subject to the provisions of this Agreement. 2. A zoning ordinance adopted contemporaneously with the Annexation Ordinance shall include provisions zoning the Property as an I-G, General Industrial, Zoning District with the following two conditions, (1) limiting use of the Property to the Existing Use, as defined below, and (2) any proposed redevelopment of the Property from the Existing Use shall be submitted and reviewed for approval as a Planned Unit Development. 3. The Zoning shall allow expansion, modernization, addi- tions, updating, increased capacity and the like, of the Existing Use, without imposition of any requirement for approval of a Planned Unit Development. 4. The Existing Use includes, but is not limited to, the fol- lowing: 4.1 The excavation, delivery and sale of sand, gravel an(I earth, the manufacturing and sale of con- struction aggregates and the use of all equipment directly associated with or incidental to such excava- tion, importation, manufacturing, and delivery. 4.2 The manufacturing, delivery and sale of asphaltic concrete and the use of all equipment directly associated with or incidental to the manufacturing of asphaltic concrete and its delivery and placement. 4.3 The manufacturing, delivery, placement and sale of ready -mixed concrete and the use of all equip- ment directly associated with or incidental to the manu- facturing of ready -mixed concrete, including, but not limited to, concrete mixer trucks and placement equip- ment. 4.4 Importation of sand, gravel, crushed stone, asphalt oil, additives to asphalt concrete and ready - mixed concrete, cement, used concrete, used asphalt and all other raw materials directly associated with or incidental to the operations identified herein. 4.5 Stockpiling of sand, gravel, crushed stone, used concrete, used asphalt and all other materials directly associated with or incidental to.the operations identified herein, both as raw material (unprocessed) and as finished product (processed) material. 4.6 The recycling of sand, gravel, crushed stone, used concrete, used asphalt and all other materials directly associated with or incidental to the operations identified herein. 4.7 The maintenance, repair, storage, parking and occasional sale of all equipment either directly associ- ated with or incidental to the operations described herein, or directly associated with or incidental to the construction of roads, bridges, curbs and gutters, and concrete structures. 4.8 The maintenance, repair, replacement, upgrad- ing and modernization of any and all buildings, plants and equipment directly associated with or incidental to the operations described herein. 4.9 Office and scale facilities, along with sales, service, estimating and all other activities directly associated with or incidental to the operations described herein. 2 4.10 Fuel storage incidental to the operations described herein, including but not limited to, gaso- line, diesel, natural gas, propane, compressed natural gas and coal. 4.11 All activities directly and indirectly related to the operations described herein. 4.12 The Existing Use is agreed to be a presently existing legal use, as of date of annexation. 5. This Agreement may be recorded in order to put interested parties on notice of the terms hereof. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties hereto have signed this Agree- ment as of the date first set forth above. Attest: City Clerk' -N Approv As To Form, ss,�L,ant City Attornq STATE OF COLORADO ) ss. COUNTY OF BOULDER ) CITY OF FORT COLLINS, COLORADO By: e - Steven C. Burkett City Manager FLATIRON COMPANIES, by its General Partner By: L 00 _1& Edwin C. McDowell, Jr. General Partner The foregoing instrument was acknowledged before me this d day of ' 1982, by Edwin C. McDowell, Jr., as Gen- eral Part r of Flatiron Companies, a Colorado general partnership. Witness my hand and official seal. My commission expires: u (/ 3 4 lzc2 Notary c 3 C Nr M r -I L_ • IF _ EXHIBIT "A" TO ANNEXATION AGREEMENT LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, described as follows, to -wit: A tract of land situate in Section 21, the SW1/4 of Section 16, and the NE1/4 of Section 28, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the West line of the Northwest Quarter of said Section 21 as bearing N00017'23"E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the West Quarter corner of said Section 21 and run thence N00017'23"E 2655.47' to the Northwest corner of said Section 21, thence N00013'43"E 30.01' to the North ROW line of East Prospect Road, thence S8801413311E 2485.94' along the North ROW line; thence S00023'55"W 30.01' to a point on the North line of Section 21; thence S00023'5511W 574.50'; thence S88014'33"E 160.00'; thence S00023155"W 612.551; thence S57023'22"W 930.13'; thence S00023'55"W 730.90'; thence N89046'32"E 416.84; thence SO1010'00"W 2111.04'; thence S6004610911E 96.74'; thence S0304014511W 420.131; thence S4301510011E 285.331; thence S88035116"E 135.181; thence S67012'45"E 261.63'; thence SO101010011W 100.001; thence N8404410311W 242.49'; thence N00011110"E 79.12' to the South Quarter corner of said Sec- tion 21, thence along the South line of the SW1/4 of said Sec- tion 21 N8803610311W 437.56'; thence NO1021157"E 613.42'; thence N22006'17"W 168.06'; thence NO101010011E 1491.85'; thence N30053'3611W 475.461; thence N88026'30"W 1922.03' to the point of beginning, less a parcel described as beginning at the Northwest corner of said Section 21, and thence along the North line of the Northwest Quarter of Section 21 S8801413311E 2485.85'; thence S00023'55"W 574.50'; thence S89016'57"W 311.07' to the TRUE POINT OF BEGINNING; thence N88014'33"W 466.69'; thence N03054133"W 560.51'; thence S88014'33"E 466.69'; thence S03054'33"E 560.51' to the POINT OF BEGINNING. Containing 144.498 acres, more or less. 4