1510, 1530, 1540, 1550, 1560, 1702, 1706 Sumac & 4150, 4160, 4170 17th - Watkins - Annexation Agreement *00942754 09/19/88 11:32 AM REAL ESTATE RECOR.OS
F1547 CFIARLO T TE 1,1OU5TON BOULDER Cid TY CO RECORDER
ANNEXATION AGREEMENT
THIS AGREEMENT, made this ' 1988, by and between the
CITY OF BOULDER, a Colorado municipal corporation,hereinafter referred to as"City;"
and Robert A.and Jerene K.Watkins hereinafter referred to as"Applicant":
WITNESSETH:
RECITALS
WHEREAS,the Applicant is the owner of the real property described as Lots 2-5 and fir/
12-15, Block 10, Moore's Subdivision, which real property shall hereinafter be referred to I/
�i
F: as the"subject property';and ,
WHEREAS the Applicant is interested in
pp obtaining approval from the City of a
C
request for the annexation of the subject property and a zoning designation for it of LR-E
(Low Density Residential-Established);and,
7
}_ WHEREAS, the City is interested in insuring that certain things be accomplished by
the Owners in order to protect the public health,safety and welfare;
COVENANTS
NOW, THEREFORE, in consideration of the recitals, premises and covenants herein
set forth, and other good and valuable considerations herein receipted for, the parties
agree as follow:
1. The Applicant shall pay the applicable development excise tax for the existing
single family dwellings within ten days after the effective date of the ordinance annexing
the subject parcels by City Council,unless this requirement is waived by City Council.
2. The Applicant shall pay to the City the outstanding assessment for the sewer
main in Sumac Avenue in the amount of $19.94 per lineal foot of frontage prior to the
first reading of the ordinance annexing the subject parcels by City Council or provide to
the City a release from John Spitzer from the reimbursement agreement made between
the City and John Spitzer before said agreement expires.
-1-
r
� 1
8
f J
3. The Applicant shall offer for sale to the City at their fair market value any
and all water and ditch rights available for use on the subject lots prior to the first
i
reading of the ordinance annexing the subject parcels by City Council.
4. The Applicant shall pay to the City the current park fees for the existing
's
single family dwellings on the subject parcels prior to the first reading of the ordinance
annexing the subject parcels.
5. The Applicant shall design and construct in accordance with the Department
of Public Works"Design Criteria and Specifications,"at no cost to the City, a water main
in Sumac Avenue from 15th Street east to approximately 200 feet east of 17th Street
prior to connection by any of the subject lots. Costs of construction are subject to partial
reimbursement as additional properties abutting the main connect.
6. The Applicant shall pay for the right-of-way improvements to Sumac Avenue
which may include curb, gutter, pavement, sidewalks and drainage improvements, at such
time as requested by the City. The applicant shall have the option of paying the charges
in a lump sum or paying over a ten year period, commencing on the request date, with a
current interest rate. Payment by persons choosing to pay over a ten year period shall be
due twice annually at fixed dates starting from the date the improvements are accepted.
7. The City agrees to allow development of Lots 12, 13, 14, 15 of Block 10
adjacent to vacated Riverside Avenue, where such lots conform to the minimum lot size
requirement of the zoning district if public access can be obtained to Sumac by means of
an easement to the City granted by the then current property owners.
8. In the event that the payment required under paragraphs 5 and 6 of this
agreement are not paid to the City when due, the owners agree that said unpaid amounts
shall become a lien against the respective properties.
9. The agreements and covenants as set forth herein shall run with the land and
shall be binding upon the Applicants, their heirs, successors, representatives and assigns,
and all persons who may hereafter acquire an interest in the subject property,or any part
thereof. If it shall be determined that this Agreement creates an interest in land, that
-2-
- Y'
5
interest shall vest, if at all, within the lives of the undersigned plus twenty years and
three hundred and sixty-four days.
EXECUTED on the day and year first above written.
CITY OF BOULDER, COLORADO
By:
City Ianager
Attest:
- fAr&6 City e
APPROVED AS TO FORM:
C TY ATTORNEY
R = OWNERS
BY:
Robert atkins
BY:
Jerene Watkins i
STATE OF COLORADO )
F--'
SS
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this day of �1h
198y--r_ Ra3tcrr I�RrkrNs�j.���t vt WMYi uS
WITNESS MY HAND AND OFFICIAL SEAL ',4�;F �
My commission expires: My Commission Expi1'27� } ,�..
lic
`T NATIf NAt.' NK IN BOULDER
1 OU'M&DWAY
�i .. . soul n 8030
—�" Address
03EAL)
-3-
777,
3-
Z -