Attachement D - 1098 Cherryvale - Out of City Utility Agmt signed

For Administrative Purposes Only Address: 1098 Cherryvale Road Owner: Dagny Scott Case No. LUR2025-00071

OUT-OF-CITY UTILITY AGREEMENT AND REVOCABLE PERMIT 7 This Out-of-City Agreement and Revocable Permit (“Agreement and Permit”), issued on July ____, 2026, by and between DAGNY SCOTT, the owner (“Owner”) of certain property, more particularly described on Exhibit A, attached, and generally located at 1098 Cherryvale Road (“Property”) and the CITY OF BOULDER, a Colorado municipal corporation (“City”). RECITALS A. Out-of-city utility permits are intended for properties that may be eligible for annexation in the near future but are not presently eligible. A person desiring to make connection to out-of-city services will be required to make such land dedication and pay such fees as would be anticipated from a similarly situated property that would annex into the City; B. the Property;

The Owner has applied to the City for water and sewer service for an existing residential use on

C.

The Property is located in Area II of the Boulder Valley Comprehensive Plan;

D.

Existing water and sewer mains are located in Cherryvale Road;

E. The Property is located within the Northern Colorado Water Conservancy District and the Municipal Subdistrict thereof. F. The laws of the City of Boulder provide that municipal water and sewer service may be supplied to property located outside the City limits of the City of Boulder for such uses under such terms and conditions as set forth herein; and G. The City Manager has determined that said service should be granted subject to the terms and conditions set forth herein. AGEEMENT AND PERMIT NOW, THEREFORE, in consideration of the recitals, promises, covenants herein set forth, and other good and valuable consideration herein receipted for the parties agree as follows: 1.

That the City will make available to the Owner, City of Boulder water and sewer service conditioned upon the Owner meeting and keeping the terms and conditions hereinafter contained. Such service is to be made available for use on that portion of the Property, outside the City limits of the City of Boulder, which property is not now eligible for annexation to the City of Boulder under the laws of the State of Colorado.

2.

The water and sewer service herein authorized is to be exclusively restricted to the Property for an existing detached dwelling unit. No enlargement, increase, or modification of said service shall be made without prior written approval of the City through the appropriate official. The Owner agrees that it shall be a violation of this agreement if the Owner uses any City water service for any use that is not associated with or accessory to the detached dwelling unit use of this Property.

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3.

Owner agrees to fulfill all of the following conditions: a.

To use the service only for the qualifying use as a detached dwelling unit and no other buildings or dwelling units may be added without obtaining a permit therefore under Sections 11-1-14, “Permit to Make Water Main Connections,” Boulder Revised Code (“B.R.C.”) 1981; Section 111-15, “Out-of-City Water Service,” B.R.C. 1981; Section 11-2-9, “Permit to Make Sanitary Sewer Connection,” B.R.C. 1981; and Section 11-2-10, “Out-of-City Sewer Service,” B.R.C. 1981;

b.

To connect the Property to both the City water utility and the City wastewater utility within six months of issuance of this Agreement and Permit;

c.

At Owner’s sole cost, to make the connection at such point or points as the City Manager prescribes;

d.

Prior to connection to the City water and sewer service, to pay all fees prescribed in Section 11-115, “Out-of-City Water Service,” B.R.C. 1981, and Section 11-2-10, “Out-of-city Sewer Service,” B.R.C. 1981, including any existing main assessments;

e.

Prior to connecting to the water utility, and prior to connecting to the wastewater utility, to pay all fees, make such dedications of land, and agree to terms and conditions normally imposed upon annexations under the same or similar circumstances to include at least the following: (i) (ii) (iii)

payment of the applicable development fees and taxes, participate in public improvement assessment program, and dedicate public improvement and right-of-way easements normally required by properties under same or similar circumstances.

f.

To pay the outside City rates until such time as the Property is annexed;

g.

At Owner’s sole cost, to install and maintain the devices necessary to measure the use of the services for the purposes of assessing the charges therefor, if the City Manager finds it is necessary;

h.

To apply to the City for a new out-of-City water and sewer permit before enlarging the service for the qualifying use as a detached dwelling unit or adding a building, different land use, or adding a dwelling unit for which utility service is provided under this Agreement and Permit;

i.

To furnish a current title memorandum showing that title to the Property is vested in the Owner’s name or to reimburse the City for obtaining such title memorandum and to pay any recording costs incurred;

j.

To sign this Agreement and Permit evidencing an understanding that the water and sewer service is provided under a revocable permit, that rates for the said service may be increased, and if they are, the Owner will pay them, and that the service may be discontinued if the Owner fails to perform as required or if the needs of the City residents require such service, and other terms and conditions necessary to carry out the provisions of the Boulder Revised Code; and

k.

At any time after the Property becomes eligible for annexation to the City, and upon request by the City, to file with the City a valid annexation petition for the Property, or if requested, shall do all things necessary to further the annexation of said Property to the City, and to agree to annex subject to the terms and conditions normally imposed upon annexations under the same or similar circumstances to include at least the following:

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(1) (2) (3)

payment of the applicable development fee and taxes; participation in public improvement assessment programs; and dedication to the City of public improvements, easements and fee interest in right-of-way normally required by properties under same or similar circumstances.

4.

Under no circumstances may existing wells be used for domestic water purposes for the detached dwelling unit use. No person shall make any cross connections to the City's municipal water supply system.

5.

This Agreement and Permit will become effective thirty days after the date of its issuance unless the City Council schedules a hearing thereon.

6.

The City is of the opinion that it has the legal authority to enter into the within contract and the powers and authority to perform all obligations herein imposed upon it. However, the City cannot anticipate what challenges, if any, might be made by any persons. Therefore, in the event this Agreement and Permit, or any step or steps taken by the City to perform any of its obligations hereunder, is challenged in a lawsuit or lawsuits, the City shall have no obligation to perform further, and the City shall have the option to rescind the within.

7.

The covenants contained herein shall run with the land and be binding upon Owner, Owner’s heirs, successors and assigns, and all owners now or hereafter of the land hereby served by the City water and wastewater utilities.

8.

Owner has read the above and understands its terms and conditions, and now by his signature below does evidence his desire and intent to accept said service subject to the terms and conditions set forth herein.

9.

If this Agreement and Permit creates an interest in land, that interest shall vest, if at all, within the lives of the undersigned, plus twenty years and three hundred sixty-four days. However, if Owner does not connect to water and sewer utility system within six months of the date of this Agreement and Permit, this Agreement and Permit shall expire, and this Agreement and Permit will be null and void. Executed on the day and year first above written.

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EXHIBIT A LEGAL DESCRIPTION (1098 CHERRYVALE ROAD)

A TRACT OF LAND IN THE SOUTHEAST 1/4 OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M.; THENCE SOUTH 89°56' WEST, 1031.63 FEET ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 34 TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DECRIBED IN DEED RECORDED IN BOOK 1261 AT PAGE 390 OF THE BOULDER COUNTY RECORDS, COLORADO; THENCE SOUTH 0° 04' EAST, 150.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1261 AT PAGE 390; THENCE SOUTH 89° 56' WEST, 290.40 FEET TO THE SOUTHWEST CORNER OF SAID TRACT OF LAND DESCRIBED IN DEED RECORDED IN BOOK 1261 AT PAGE 390; THENCE SOUTH 55.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST 103.00 FEET; THENCE SOUTH 76.00 FEET; THENCE WEST 229.81 FEET TO THE CENTERLINE OF CHERRYVALE ROAD; THENCE SOUTH 0° 04' EAST, 113.84 FEET TO THE NORTHWEST CORNER OF GALE H. SIMMONS SUBDIVISION; THENCE NORTH 89° 56' EAST, 332.68 FEET ALONG THE NORTH LINE OF SAID GALE H. SIMMONS SUBDIVISION, THENCE NORTH 189.45 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO.

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