1790, 1800, 1820, 1840, 1880 & 1890 Sumac - Swaney et al - Annexation Agreement 400768640 06/24/86 10:03 AM REAL ESTATE RECORDS
F14i5 CHARLOTTE HOUSTON BOULDER CNTY CO RECORDER
AGREEMENT
THIS AGREEMENT, made this day of
1980, by and bL-tween the City of Boulder, a Colorado Municipal
Corporation, hereinafter referred to as "City", and Scott and
Kathy Swaney, Celeste Berger, Terry IV. Mowbray and Colton Realty
Corporation whose addresses are 1790 Sumac Avenue, Boulder,
Colorado 80302, 1800 Sumac Avenue, Boulder, Colorado 80302,
4157 19th Street Boulder, y
\' Colorado 80302 and 325 Canyon Blvd.
t Boulder, Colorado 80301, respectively, hereinafter referred to
30
as "Applicants" ---
` iVITNESSETH:
RECITALS
WHEREAS, the Applicants are the owners of real property
described in the attached Exhibit A, and by reference made a
part of this Agreement, which real property shall hereinafter
be referred to as the "subject property"; and
WHEREAS, the Applicants are interested in obtaining approval
from the City of a request for the annexation of the subject
property and a zoning designation of ER-E (Estate Residential
Established),
WHEREAS, the City is interested in ensuring that certain
things be accomplished by the Applicant 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
consideration herein receipted for, the parties agree as follows:
1. The Applicants shall pay to the City the applicable
park acquisition fees for existing residences prior to second
reading before Council of the ordinance annexing the subject
property.
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2. Prior to receiving service from the City water utility
system the Applicants shall:
(a) Design and construct any water service system in
accordance with a water utility and fire protection plan to
be submitted and approved by the Director of Utilities as
part of a planned unit development and subdivision.
(b) Pay to the City the then-current plant investment
fee, service line and meter charges.
(c) Construct all utilities in accordance with the approved
plan and have same inspected and approved by the City including
the recording of any necessary easements.
(d) File a petition for inclusion in the Municipal
Subdistrict of the Northern Colorado Water Conservancy District
prior to second reading before Council.
(e) Lots 7, 8, 9 and 10 will reimburse the RE-2 Crestview
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School District for a water line installation at $2.18 per
front foot.
(f) Prior to second reading,pay applicable front foot
charges for other existing water mains.
3. Prior to receiving service from the City sanitary
sewer utility system, the Applicants shall:
Pay to the City the then-current plant investment fee
and service and installation charges applicable to the service
requested, and design and construct a sewer system in accordance
with the standards and requirements of the Director of Public
Utilities. Prior to the issuance of any building permit on the
subject property, the Applicants understand that they may be
responsible for extension of the sewer main, in accordance with
the City's utility requirement which, presently terminates
offsite and in such event shall be required to obtain or dedicate
all necessary easements to permit construction of the sewer
system upon notice by the City.
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4. All proposed development will be under the Planned Unit
Development procedures of the Land Use Regulations and prior to
any building permit issuance on the site, the property will be
subdivided in accordance with the Subdivision Regulations of the
City of Boulder.
S. Applicants must agree to comply with the requirements of
Council Resolution #115, and in addition, will provide at least
15% of the residential units in the project as low-moderate income
housing as defined by the City of Boulder Housing Authority.
s 6. Applicants agree to pay for one-half of the full cost of
street improvements when requested by the City. The City may
i
r require adequate financial guarantees for street improvements
{ prior to any development.
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7. The Applicants must dedicate, at such time as requested
by the City,an easement for Wonderland Creek for flood control
purposes. The Applicants are responsible for keeping all structures
out of the Wonderland Creek Channel.
8. This Agreement may be recorded in order to put prospective
purchasers or other interested parties on notice as to any of the
terms contained herein. A release executed by the City Attorney
or a member of his staff shall be binding upon the City and release
the property from any claim by the City under the terms hereof.
9. If at any time any part hereof has been breached by the
Applicants, the City may withhold approval of any or all building
permits applied for on the subject property until the breach, or
breaches, has, or have been cured.
10. The Agreements and Covenants as set forth herein shall
run with the land and shall be binding upon the Applicant, their
heirs, successors, representatives and assigns, and all persons
who may hereafter acquire an interest in the subject property,
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or any part thereof. If it shall be determined that this
Agreement creates an interest in land, that interest shall
,., vest, if at all, within the lives of Gary Kretschmer and the
undersigned, plus twenty years and three hundred sixty-four
days.
EXECUTED on the day and year first above written.
CITY 0 BOULDER, COLORADO
By:
i y bi nager
A e t
Dir to of Finance F Recor
Ex- fficio City Clerk
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Ka y Swaney
Sc t Sw ey
Celes Ber r
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Dean Apger Terry W. Mowbr y
Ron Greathead
Colton Realty by�{ynf�j (y*111; �
STATE OF COLORADO ) 1
SS.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this
/5 day of 1980, by Kath erfd-3eet-t
Swaney, i - y -, Terry w. Mowbray and
•�! , �-WITNESS
my hand and official seal.
Mg. commission expires�yiy C C:;pirz] i: :;+'' r 14 19EO
�"rlt ui
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF BOULDER )
Subscribed and acknowledged before me this 7th day of February,
1980 by Robert J. Adler for Colton Realty Corporation, 2nd Vice President and
Attorney }fact for Colton Realty Corporation.
Notary
'a My comiissi;bn expires: 2-15-83
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f a� faa tri r r � � u.1r�r
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State of Colorado
County of Boulder
The foregoing instrument was acknowledged before me this 19th day
of February :0
, by Celeste Berger.
Witness my n. and official seal.
ission expires 12 9 81
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aJSTATE OF COLORADO )
SS.
COUNTY OF BOULDER )
The foregoing instrument was acknowledged before me this
,�J7/ day of , 1985 by Scott Swaney.
WITNESS my hand and offi�l seal.
My commission expires 10-22-88
No ar ublic
1739 Broadway
Boulder, Colorado 80302
' c TA } ? JOYCE P.BROWN,Notary Public
4855 Tanglewood Ct.
Boulder,CO 80301
a` Q r My Commission Expires April 5,1987
Addendum to Annexation Agreement
February 2, 1981
The City of Boulder will recognize all currently platted lots as buildable
parcels as indicated in Exhibit A of the Annexation Agreement. All development
on said lots must meet the requirements of the Land Use Regulations except that
of minimum lot size within the ER-E(Estate Residential-Established) Zone. Any
development which necessitates the resubdivision of existing lots will require that
those lots conform with the land use regulations applicable at the time of
subdivision.
ger
A est:
Directo of inance and Record
Ex-Officio City Cl k
Scott S, aney CelesteBerger
Kathy Swaney Terry wbray
Ron Greathead
STATE OF COLORADO)
) SS.
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this day of
1981, by Scott Swaney, Kathy Swaney, Celeste Berger, Terry
Mowbray and Ron Breathead.
WITNESS my hand and official seal.
w. My commission expires
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Addendum to Annexation Agreement
February 2, 1981
The City of Boulder will recognize all currently
parcels as indicated in Exhibit A of the Annexation Agreement.loAll ts aDevelopment
on said lots must meet the requirements of the Land Use Regulations except that
of minimum lot size within the ER-E (Estate Residential-Established) Zone. Any
development which necessitates the resubdivision of existing lots will require
that those lots conform with the land use regulations applicable at the time of
subdivision.
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Cit h nage
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A test:
Direc or f Finance and Re ord
Ex-Officio City Clerk
Scott Swaney Celeste Berger
Kathy Sera ey Terry Mowbray
Dean E. Apger Ron Greathead
STATE OF COLORADO)
) SS.
COUNTY OF BOULDER)
The foregoing instrument was acknowledged before me this,y`_id;ay of
�Mw�r
1981, by Scott Swaney, Kathy Swaney, Celeste Berger,
Ron Greathead.
WITNESS my hand and official seal.
My Commission expires MY Commiesion E•:pins C:ober 20, 1934
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