Attachment I_Annexation Agreement

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For Administrative Use Only

Grantor: City of Boulder, Rochelle D. Woods, and Lee A. Woods Grantee: Rochelle D. Woods, Lee A. Woods and City of Boulder Case No. LUR2024-00062

ANNEXATION AGREEMENT THIS AGREEMENT, made this day of , 2025, by and between the City of Boulder, a Colorado home rule city, hereinafter referred to as "City," and Rochelle D. Woods and Lee A. Woods, hereinafter referred to as "Applicant." RECITALS A. The Applicant is the owner of the real property generally described as 915 5th Street and more particularly described on Exhibit A attached hereto and incorporated herein (the "Property"). B. The Applicant is interested in obtaining approval from the City of a request for the annexation of the Property with an initial zoning designation of Residential - Estate (RE). C. The City is interested in insuring that certain terms and conditions of annexation be met by the Applicant in order to protect the public health, safety and welfare and prevent the placement of an unreasonable burden on the physical, social, economic, or environmental resources of the City. NOW, THEREFORE, in consideration of the recitals, promises and covenants herein set forth and other good and valuable consideration herein receipted for, the parties agree as follows: COVENANTS 1. Requirements Prior to First Reading. Prior to the first reading of the annexation ordinance before City Council, the Applicant shall: a)

sign this Agreement.

provide to the City an updated title commitment current within 30 days of the date of the first reading of the annexation ordinance.

Pay the following to the City: i)

Plant Investment Fees (2024 PIF’s) Stormwater $2.55/square foot of impervious area Existing Impervious Area: 3,400 sf: $8,670.00 Total Due Prior to First Reading $8,670.00

2. Water and Wastewater Connection Requirements. Within 180 days of the effective date of the annexation ordinance, any existing structures on the Property required to be connected to the water utility, wastewater utility, or both under the Boulder Revised Code shall be connected to the City’s utilities to which connection is required or be demolished. As a modification to the City of Boulder Design and Construction Standards, any service line to establish such water and/or wastewater utility services that is crossing a lot or parcel other than the lot or parcel served by the service line shall be installed within the Private Easement (defined in Section 23 below) without the requirement to include the City as a party to the Private Easement or within a separate public utility easement that is dedicated to the City. If the Applicant connects any existing structures on the Property, then the Applicant agrees to perform the following: a)

For connection to the City’s water utility: a. Submit an application that meets the requirements of Chapter 11-1, “Water Utility,” B.R.C. 1981, and obtain City approval to connect to the City’s water utility. b. Pay all applicable fees and charges associated with a service line connection to the City’s water utility, including but not limited to the water plant investment fee and all applicable water utility connection and inspection fees. c. Construct the individual service lines to the Property and connect the existing structures required to be so connected to the City’s water utility.

For connection to the City’s wastewater utility: a. Submit an application that meets the requirements of Chapter 11-2, “Wastewater Utility,” B.R.C., 1981, and obtain City approval to connect to the City’s wastewater utility. b. Pay all applicable fees and charges associated with a service line connection to the City’s wastewater utility, including but not limited to the wastewater plant investment fee and all applicable wastewater utility connection and inspection fees. c. Construct the individual service line to the Property and connect the existing structures required to be so connected to the City’s wastewater utility.

Fire Hydrant. Within 180 days of the effective date of the annexation ordinance, the Applicant shall install, at no cost to the City, a public fire hydrant in a location approved by the City Manager that is near the bottom of the private drive serving the 915 5th Street property and adjacent to the new water service required by this Agreement.

Existing Wells. The City agrees that it will not prohibit the Applicant from using existing wells for irrigation purposes, even if served by the City water utility. Under no circumstances may existing wells be used for domestic water purposes once the Applicant has connected to city water utility. No person shall make any cross connections to the City’s municipal water supply system from any well on the Property.

Historic Drainage. The Applicant agrees to convey drainage from the Property in an historic manner that does not materially and adversely affect abutting properties.

Nonstandard Buildings and/or Nonconforming Uses. There are currently no nonconforming uses and nonstandard buildings and structures on the Property.

New Construction. All new construction commenced on the Property after annexation shall comply with all City of Boulder laws, taxes, and fees, except as modified by this Agreement.

Waiver of Vested Rights. The Applicant waives any vested property rights that may have arisen under Boulder County jurisdiction. This Agreement shall replace any such rights that may have arisen under Boulder County jurisdiction. The Applicant acknowledges that nothing contained herein may be construed as a waiver of the City’s police powers or the power to zone and regulate land uses for the benefit of the general public.

Dedications. The Applicant acknowledges that any dedications and public improvements required herein with this annexation are rationally related and reasonably proportionate to the impact of the development of the Property as set forth in this Agreement. Original Instruments. Prior to the first reading of the annexation ordinance, the Applicant shall provide an original of this Agreement signed by the Applicant, along with any instruments required in this Agreement. The City agrees to hold (and not record) such documents until after final legislative action on the annexation of this Property has occurred. Final legislative action by the City Council shall constitute acceptance of such documents by the City. In the event that Applicant withdraws from this Agreement pursuant to the terms of this Agreement, or the City does not annex the Property, the City agrees that it will not record any such documents and will return all such original documents to the Applicant. The Applicant agrees that it will not encumber or in any way take any action that compromises the quality of such documents while they are being held by the City. 3

10.

11.

No Encumbrances. The Applicant agrees that between the time of signing this Agreement and the time when final legislative action on the annexation of this Property has occurred, the Applicant shall neither convey ownership nor further encumber the Applicant’s Property, without the express approval from the City. Prior to the recording of this Agreement with the Boulder County Clerk and Recorder, Applicant agrees not to execute transactional documents encumbering the Property or otherwise affecting title to the Property without first notifying the City and submitting revised title work within five (5) working days of any such transaction.

12.

Breach of Agreement. In the event that the Applicant breaches or fails to perform any required action under or fails to pay any fee specified under this Agreement, the Applicant acknowledges that the City may take all reasonable actions to cure the breach, including but not limited to, the filing of an action for specific performance of the obligations herein described. In the event the Applicant fails to pay any monies due under this Agreement or fails to perform any affirmative obligation hereunder, the Applicant agrees that the City may collect the monies due in the manner provided for in Section 2-2-12, B.R.C., 1981, as amended, as if the said monies were due and owing pursuant to a duly adopted ordinance of the City AND the City may perform the obligation on behalf of the Applicant and collect its costs in the manner herein provided. The Applicant agrees to waive any rights the Applicant may have under Section 31-20-105, C.R.S., based on the City’s lack of an enabling ordinance authorizing the collection of this specific debt, or acknowledges that the adopting of the annexation ordinance is such enabling ordinance.

13.

Failure to Annex. In the event that the Property is not annexed to the City: (a) this Agreement and any document executed pursuant hereto shall be null and void and of no consequence; and (b) the City shall promptly return to Applicant all monies tendered to the City pursuant to this Agreement, including, without limitation, the stormwater PIF fee pursuant to Section 1(c)(i) above.

14.

Future Interests. This Agreement and the covenants set forth herein shall run with the land and be binding upon the Applicant, the Applicant’s successors and assigns and all persons who may hereafter acquire an interest in the Property, or any part thereof. If it shall be determined that this Agreement contains an interest in land, that interest shall vest, if at all, within the lives of the undersigned plus 20 years and 364 days.

15.

Right to Withdraw. The Applicant retains the right to withdraw from this Agreement up until the time that final legislative action has been taken on the ordinance that will cause the Property to be annexed into the City. The final legislative action will be the vote of the City Council after the final reading of the annexation ordinance. The Applicant’s right to withdraw shall terminate upon the City Council’s final legislative action approving the annexation. In the event that the Applicant withdraws from this Agreement in the manner described above, this Agreement shall be null and void and shall have no effect regarding the Applicant. The City agrees, within 30 days of a 4

request by the Applicant after a withdrawal, to return all previously submitted fees, application, and easement and/or rights of way dedication documents which the Applicant submitted pursuant to this Agreement to the City. 16.

Cash-in-lieu of Providing Permanently Affordable Housing. For each additional dwelling unit on the Property that is not deed-restricted as a permanently affordable unit consistent with the requirements of Chapter 9-13, “Inclusionary Housing,” B.R.C. 1981, the Applicant shall pay twice the applicable cash-in-lieu amount as required per each market unit in that chapter to the City. The applicable cash-inlieu amount shall be paid no later than the issuance of a building permit for each new dwelling unit that is not deed-restricted as a permanently affordable unit consistent with the requirements of Chapter 9-13, “Inclusionary Housing,” B.R.C. 1981, and shall be twice the cash-in-lieu fee applicable at the time the cash-in-lieu payment is made to the City. The parties acknowledge that the Property has the equivalent of one habitable dwelling unit on such Property at the time of annexation. The parties further agree that an accessory dwelling unit constructed and established on the Property consistent with the Boulder Revised Code standards for accessory dwelling units shall not trigger the requirement of this Paragraph 16.

17.

Zoning. The Property shall be annexed to the City with a Residential – Estate (RE) zoning classification, and except as set forth herein, shall be subject to all of the rights and restrictions associated with that zoning.

18.

Rental Property Requirements. If the Property is used as a rental property at the time of annexation, it shall be brought into compliance with Chapter 10-3, “Rental Licenses,” B.R.C. 1981, within 90 days of the effective date of the annexation ordinance; for a rental license issued within 90 days of the effective date of the annexation ordinance, the energy efficiency requirements of Chapter 10-2, “Property Maintenance Code, Appendix C – Energy Efficiency Requirements, “ B.R.C. 1981, shall be waived. Any subsequent application for a new or renewal of a license and any rental license for a new building or new dwelling unit on the Property shall be subject to the energy efficiency requirements of that Chapter 102, B.R.C. 1981.

19.

Annexation Challenged by Referendum. If the annexation of the Property or any portion thereof is challenged by a referendum, the procedure required by the Charter and Colorado Revised Statutes, as applicable, will be followed. If a referendum results in the disconnection of the Property or any portion thereof from the City, then this Agreement will be void and the Parties relieved from all obligations hereunder. If not, the Parties will continue to be bound by this Agreement. If a referendum results in the disconnection of the Property, the City will return all previously submitted fees (other than fees for the review of the petition to annex and associated documents), application, and easement and/or rights of way dedication documents which the Applicant submitted to the City pursuant to this Agreement.

20.

One Dwelling Unit. Due to the Property’s topography and location on the western boundary of the City, the Property may not be developed with more than one principal dwelling unit.

21.

Western portion of the Property above the Blue Line. No water service will be provided to and no water shall be used for landscaping or to serve other development on the area of the Property that is west of the Blue Line as adopted in Ordinance 8311 and as generally shown on Exhibit B attached hereto and incorporated herein.

22.

Wildland-Urban Interface (WUI). The Applicant acknowledges that the Property is located in the City of Boulder’s Wildland-Urban Interface area and subject to the requirements of Chapter 8.5, “Wildland Code,” B.R.C. 1981, as may be amended from time to time.

23.

Private Easement. The Applicant agrees that Applicant shall not without prior approval by the City Manager extinguish or amend the First Amendment to Easement Relocation Agreement between Rochelle D. Woods, Lee A. Woods, Cynthia Y. Scott, Amanda Priest Vanderveer and William Henry Vanderveer recorded in the records of the Boulder County Clerk and Recorder’s Office at Reception No. 04089847 on June 3, 2025 which is a private access easement in favor of Rochelle D. Woods and Lee A. Woods and provides them with the right to construct, install, operate, maintain, repair, and replace one water line and one sewer line (the “Private Easement”).

EXECUTED on the day and year first above written.

STATE

OF COLORADO

)

OF BOULDER

)

) ss. COUNTY

The foregoing

instrument

2025, by Rochelle Witness

was acknowledged

me this 20

Notary

Public

D. Woods.

my hand and official

MY commission

before

seal.

expires:aq

[Seal]

ANTHONY MENDOZA

NOTARY PUBLIC - STATE OFCOLORADO NOTARY 1020254014850

MYCOMMISSION EXPIRES APR16, 2029

day of

2,:>L'5

Lee A.

ST ATE

OF COLORADO

Woods

) ) ss.

COUNTY

OF BOULDER

)

Theforegoinginstmmentwasacknowledgedbeforemethis

;'O"

2025, by Lee A. Woods.

Witness

my hand and official

seal.

My commission expires:%

)4'l

[Seal] Notary

ANTHONY MENDOZA NOTARY PUBLIC - STATE OF COLORADO NOTARY 10 20254014850 MY COMMISSION EXPIRES APR 16, 2029

Public

dayof

')OLS

CITY OF BOULDER, COLORADO

By:_________________________________ Nuria Rivera-Vandermyde, City Manager Attest: ____________________________________ City Clerk Approved as to form: _____________________________________ City Attorney’s Office Date:___________________________

Exhibits: Exhibit A Exhibit B

Legal Description of Property to be annexed Map of area west of the blue line

EXHIBIT A LEGAL DESCRIPTION (ENTIRE ANNEXATION AREA – 0.96 ACRES) A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 NORTH, RANGE 71 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THAT PARCEL OF LAND AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY ON APRIL 29, 1999 AT RECEPTION NO. 1932909 TO BEAR SOUTH 89"35'27" WEST, A DISTANCE OF 433.56 FEET BETWEEN THE SOUTHEAST CORNER, BEING A FOUND #5 REBAR WITH ALUMINUM COLLAR (ILLEGIBLE), AND THE SOUTHWEST CORNER, BEING A FOUND #4 REBAR WITH ALUMINUM COLLAR "LS 2149 DB&CO", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTHWEST CORNER OF THE TRACT OF LAND AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY ON MAY 07, 2012 AT RECEPTION NO. 3222578; THENCE SOUTH 89"35'27" WEST ALONG THE SOUTH LINE OF SAID PARCEL DESCRIBED AT RECEPTION NO. 1932909, 110.56 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89"35'27" WEST, 323.00 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY ON APRIL 13, 1987 AT RECEPTION NO. 840895; THENCE ALONG SAID EAST LINE, NORTH 00"50'15" WEST, 130.00 FEET TO THE NORTHWEST CORNER OF SAID PARCEL DESCRIBED AT RECEPTION NO. 1932909; THENCE NORTH 89"35'27" EAST ALONG SAID NORTH LINE, 323.00 FEET; THENCE SOUTH 00"50'15" EAST, 130.00 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 41,990 SQUARE FEET OR 0.96 ACRES, MORE OR LESS. COUNTY OF BOULDER, STATE OF COLORADO.

EXHIBIT B MAP OF AREA WEST OF THE BLUE LINE

951 5TH ST

955 5TH ST !

Exhibit B

973 GILBERT ST

403 CLEVELAND PL

947 5TH ST

933 5TH ST

Clevelan d Pl

Easterly Portion Of 915 5th St (Annexed Previously)

915 5TH ST

925 GILBERT ST

921 5TH ST

Area Above Blue Line

5th St

501 AURORA AVE 845 5TH ST !

Thence northerly along the westerly lines of said Flatirons Park to the northwest corner of lot 14 of said Flatirons Park;

Lot 14, Flatirons Park (aka 845 Circle Dr)

A u r o r a Ave

Blue Line

Ownership 839 Parcels CIRCLE DR 1501 Boulder, City Limits FLAGSTAFF RD

863 CIRCLE DR !

Area Above Blue Line

845 CIRCLE DR

855 CIRCLE DR

865 CIRCLE DR

875 CIRCLE DR

855 PARK LN (Blue Line Description: BRC Article VIII, Section 128A)

Pa rk Ln

Thence northerly to the southwest corner of lot 1, Flagstaff Subdivision, plat recorded at reception no 90797939

915 5th St