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Home My WebLink About20123224.tiff �T HpB Town Hall, 1101 Broad St., Drawer 290. Milliken,CO 80543 M>t 111 k e n (970)587-4331 Fax: (970) 587-2678 RECEIVED 3tATHEle WELD COUNTY To: Weld County Attorney COMMISSIONERS From: Steve House, Community and Economic Development Director Date: November 6, 2012 Subject: Daniels School House Annexation Referral Documents Enclosed please find the referral documents for the Daniels School House annexation. These documents were sent on October 3, 2012 via certified return receipt but for some reason were not received by your office. Please call me at 970-660-5046 if you have any questions or comments. ?i,t.b(IC eic'Wtk- CC . 1.)l�r L. (loll ), r (cc.� 2012-3224 TOWN OF MILLIKEN RESOLUTION NO. 12-24 A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF MILLIKEN INITIATING ANNEXATION PROCEEDINGS FOR THE DANIELS SCHOOL HOUSE ANNEXATION. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN, WELD, COUNTY, COLORADO THAT: 1. At the regular meeting of the Board of Trustees on the 26`h of September, 2012. The Petition for Annexation for the Daniels School House Annexation was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12-107(1)(f), C.R.S. the location of the property described in the petition is set forth on Exhibit 'A' attached hereto and incorporated herein by reference. 2. The Board of Trustees has reviewed the petition and found that the requirements set forth in Section 31-12-107(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31-12-108(1), C.R.S., and pursuant to the Milliken Municipal Code Section 16-13-30(6)(e) the Board of Trustees hereby sets the date for the hearing on the annexation petition before the Planning Commission for November 7, 2012 and the hearing before the Town Board of Trustees for November 14, 2012. All hearings are to be held at 7:00 P.M. in the Meeting House located at 1201 Broad Street. Notice of these hearings is to be published in accordance with Section 31-12-108 (2), C.R.S. 4. The purpose of these hearings shall be to determine whether the area proposed to be annexed meets the applicable requirements of Section 31-12-104 and 31-12-105, C.R.S. and the applicable provisions of the Milliken Municipal Code and is eligible for annexation. This resolution was passed by a vote of ? in favor and liopposed at the meeting of the Board of Trustees on the 26th day of September, 2012. TOWN OF MILLIKEN Milt Tokuna a, Mayor C I Po ell, Town Clerk TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN, CO 80543 PETITION FOR DANIELS ANNEXATION We represent that we are the landowners of 100%of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on Exhibit"A", and affirm the following to be true and correct as of 2'- .-I a, Our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. The perimeter of the proposed Annexation has a distance of $58 linear feet of which knoelinear feet are contiguous to the existing Town Limits of Milliken. This contiguity results in more than 1/6 of the proposed annexation being contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. C. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 5. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's include fees for: building, electric, construction meter, plan review, building permit administration, parks, trails and open space, public facilities infrastructure, streets, drainage, police facility infrastructure, general administration facility infrastructure,water administration, water meter,water tap, sewer tap, raw water, and other supplemental fees as appropriate. 6. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). Page 1 7 . The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town , all required easements and right-of-way for installation and maintenance of infrastructure related to the development of the Property. 8. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 9. The Petitioners agree that oversizing agreements may exist and that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, the Petitioners acknowledge that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 10 . The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 11 . The Petitioners agree that the design, improvement, construction , development, and use of the property shall be in conformance with , and that Petitioners shall comply with , all municipal, county, state and federal statutes, ordinances, rules and regulations. 12. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 13. The Town currently has financial commitments to both the RE5-J School District and the Thompson Rivers Parks and Recreation District and the undersigned agree that if the territory is not already included in these two districts that they will execute any documents necessary to complete the inclusion of the territory into these districts. The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Page 2 t—A — $6P- 2,0(IPIA27/).4,6,27ADate Signed Harold Dan , Box 180, Milliken , CO 80543 Date Signed M line Daniels, P O Box 180, Milliken, CO 80543 STATE OF COLORADO ) )SS CIRCULATORS AFFIDAVIT COUNTY OF WELD ) I-VAr Dick '(mil C1S OM I ' 1&del1+'t e lam, Debi g first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. H-Vt 0 • ` � � Signature _ Ivii Subscribed and sworn to before me this a day of ir- ‘1.,LS-1-- , 2012. ;rj (P .r 1 �', UU %PAS' z' C1 i WITNESS my hand and official seal, • ir$,a o f ; My Commission Expires 09/26/2014 r i My Commission expires: II%) ,_ �.,.•ct% Notary Public M i i Jo pi ovr c Page 3 EXHIBIT A A portion of the Northwest Quarter of Section 7, Township 4 North , Range 66 West of the 6`1' P . 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