HomeMy WebLinkAbout20121537.tiff so
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WELD COUNTY
nil'jiver' Town Hall, 1101 Broad St, Drawer 290 • Milliken, CO 80543 • (970) 587-243N1147ySiettER3Srax
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°RTHEY'
Mt JUN O A C 18
RECEIVED
June 12, 2012
Weld County Commissioners
PO Box 758
Greeley, CO 80632
The Town of Milliken has received a petition for annexation of property owned by Bernhardt Farms, LLC
and Public Service Company. Enclosed is the petition, the resolution of the Board of Trustees setting the
dates for public hearing, the annexation map, a copy of the public notice, and the impact report. This
notice of annexation is provided according to the requirements of state statutes(C.R.S 31-12-108) and
the Milliken zoning ordinance.
Should you have comments or questions about the proposed annexation, please contact Steve House
at 970-660-5046 or shouse@town.milliken.co.us.
Sincerely,
Cheryl Powell
Town Clerk
I�u4� is t� i CC 5t), PL, C l(ea� m )
La 45-la big ,' a
ty' 2012-1537
PETITION FOR ANNEXATION OF PARCEL OF LAND
Bernhardt Annexation
We,the landowners of more than 50%of the territory,which includes public highways and utilities,
which is legally described on Exhibit"A"state the following is true and correct
1. The perimeter of the proposed annexation has a perimeter distance of 22,405.69 feet of which at least
one-sixth of the perimeter is contiguous to the existing Town Limits of Milliken. Attached to this petition is
Exhibit A,the annexation and zoning map,which contains the following information: A written legal
description of the boundaries of the area proposed to be annexed;a map showing the boundary of the area
proposed to be annexed;the annexation boundary map,which shows the location of each ownership tract
in unplatted land identified by a diagram and legal description,and, if part or all of the area is platted and
the plat numbers of plots or lots and blocks;the boundaries of the area proposed to be annexed;and, a
drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other
municipality abutting the area proposed to be annexed.
2. The above results in a minimum of 1/6th of the perimeter of proposed annexation being contiguous to
the Town of Milliken.
3. The proposed annexation contains approximately 446 acres with the acreage devoted to the existing
agricultural use.
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 requirements of Sections 31-12-104 and 31-12-105, Colorado Revised Statutes, exist or
have been met
e. The territory is urban or will be urbanized in the near future.
f. 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.
g. No land held in identical ownership which compromises 20 acres or more and together with
improvements has an assessed valuation in excess of$200,000 in the year preceding the filing
of this Petition is included in this petition for annexation, unless the owner of said b-act has
consented in writing or joins in this Petition.
h. No proceedings for annexation of the territory have been commenced for annexation to
another municipality.
The signers hereof comprise the landowners of more than 50%of the territory proposed to be
annexed exclusive of streets and alleys,and are in fact owners of 100%of the hereinafter
described property.
j. Upon passage of the annexation ordinance the annexation shall become effective.
k. The Town currently has financial commitments to both the RE5J 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,within thirty(30)after written request
by the Town,execute any documents necessary to petition to include the territory into these
districts.
The parties acknowledge that the use of the Property at the time of annexation is agricultural.
Because no development plans are being proposed by the Petitioner in conjunction with this
annexation,the agricultural use of portions of the property may continue for the foreseeable
future. Notwithstanding the foregoing,the parties further acknowledge that the Petitioner is
concurrently petitioning to have this annexation zoned industrial. Accordingly,the Petitioner
agrees that the appropriate long-term use for the Property is industrial rather than agricultural,
and the Petitioner agrees to work in good faith toward the redevelopment of the Property for
industrial uses, as appropriate. The parties acknowledge that the Property may be developed
in phases, and therefore,portions of the property may be developed as industrial use while
other adjoining portions may remain as agricultural use as development proceeds.
m. The Property currently receives water service via wells. Upon annexation of the Property,
additional services shall be made available by the Town including water and sanitary sewer
service as well as various other municipal services which we not currently provided to the
Property as those services are provided to other developments in conformance with the
Town's codes and guidelines. Annexor agrees to connect the Property to the Town's water
and sanitary sewer systems at such time as the Property is developed in accordance with the
zoning designation requested in the petition.
n. This petition is binding on the heirs,successors, and assigns of the Petitioners.
L/7—/7— i ce,
Date Timothy Bernhardt
Mailing Address: /2-2-9/S'*fe/��j j
Subscribed and sworn to before me this I T" day of 2012.
WITNESS my hand and official seaR11�] _ �^Michele L.Keller
Jr 1 )no i y Sate of Colorado Notary Public
{�
My Commission expires:
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Date Bemhardt Farms, LLC David Bemhardt
The legal description of the land owned by the landowner is attached to this petition. The annexation map
entitled Bemhardt Annexation to the Town of Milliken is also attached to this petition and incorporated herein by
reference.
COUNTY OF WELD
ATTEST:
Date Name/Title
Mailing Address: /0- $ ( 1—( w V 4
Co 2,osK3
The foregoing instrument waLacknowledged before me this I day of -� , 2012,
by &. i r��
WITNESS my hand and o iaJ I. `\t ( f
My Commission expires: 69 .�2 `�t . .
_ �Michele I, Keller � �
(
No ar NuhlPublic
State o r Colorado
;Notary Public
STATE OF COLORADO )
ss. CIRCULATOR'S AFFIDAVIT
COUNTY OF WELD )
,being 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.
Date Public Service Company of Colorado
Mailing Address:
Subscribed and sworn to before me this day of___, 2012.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
TOWN OF MILLIKEN
RESOLUTION NO. 12-15
A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF MILLIKEN
INITIATING ANNEXATION PROCEEDINGS FOR THE BERNHARDT 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 131h of June, 2012. The
Petition for Annexation for the Bernhardt 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 July 5, 2012 and the
hearing before the Town Board of Trustees for July 25, 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 _opposed at the meeting of the
Board of Trustees on the 13th day of June, 2012.
TOWN OF MILLIKEN
Milt Tokunaga, Mayor Cheryl Powell, Town Clerk
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Thursday,June 7,2012
v,because boy,with the Upon release,Heather will ing for someone to take them,to that's fine," Buck said. "I f
Fa doorknob,things can have many priorities and goals, care for them. there's something we can do to
but there is one that is special. "I am going to go do that," help put these ashes,and Zoe,to
It is almost unfathomable, Heather said. "And I will keep rest,we'd be glad to do that. I
ON FOR OPTIMISM but no one ever-claimed Zoe's them with me." will ask our victim's services
:YOS program,created in ashes from the Greeley mortuary Weld County's district attor- people to look into it."
y the state legislature,has that handled her body.Her es- ney seems inclined to help her
nuch-lower recidivism tranged parents cannot come to- do that. Steve Henson is the managing
rate than traditional pris- gether long enough to decide "That two adults can't agree editor of The Pueblo Chieftain.
large part due to the ex- what to do with the mortal re- to dispose of the ashes is certain- Matt Lubich is the executive edi-
training offered in the mains of the little girl they creat- ly an indication of the chaos in tor and co-owner of The John- -
n,and the tiered approach ed. the home at the time,"Buck said. stown Breeze. This story is run-
inmates become civilians Dana and Zoe's father,An- "If mom and dad agree that Wing simultaneously in both
thony Garcia,met in New Mai- Heather can have the ashes, newspapers.
idivism rates,defined as co but never married. Garcia, -
iminal activity that results who last reportedly lived in Cali-
:ement in the Colorado fornia, has claimed he cannot A LEGAL NOTICES
tment of Corrections find an address to serve Trujillo
adult prison system fol- with.the legal papers to settle the �I NOTICE OF HEARING SUMMONS BY PUBLICATION
successful completion of matter in cant. ` TOWN OF MILLIKEN
DS sentence,have been: In previously published news NOTICE IS HEREBY GIVEN of a COLTORAE DOOPLE OF THE STATE OF
percent returned within stories elsewhere, Trujillo : public hearing before the Planning Corn- TO THE ABOVE-NAMED DEFEN-
it claimed Garcia had not tried to mission of the Town of Milliken,Colorado DANT(S):ALL UNKNOWN PARTIES
percent returned within contact or see Zoe since she was at 7:00 P.M.on the 5th day of Je0 2012 WHO MAY CLAIM ANY INTERESTA
IN
and a public heating before the Milliken THE SUBJECT MATTER OF THIS AC-
:ars. 1. - Board of Trustees on the 11th day of July, TION •
percent returned within Garcia,who previously said Meting House at 12; Both hearings0 Bll be road Street and quiredld in the ou to appear e andhereby summoned defend against re-
the
in. • he last saw his daughter when are for the purpose of considering the an- - claims of the complaint filed with the court
ise aren't great odds,but she was about 4,claimed he had nexatin of the property owned by Bern- in this action,by filing with the clerk of this
r—like all YOS"gradu- been trying to track Trujillo I ken.The hearings are for the further pur- are LLC into the Town of Mil- court
answer
t efileryor other swe nor other
will have a better chance down to serve her with papers in .pose of zoning the property, the consider- response within 35 days after the service
ing it than had she been an attempt to win custody of ation hensive an
Plan,amendment o the o to the this oumrnsummms on shall upon you.
u.eService
on of
canon City. their daughter when he found zoning ordinance regarding non-conform- day of the last publication.A copy of the
ing his interview,Buck out she was dead. ing uses. This property is located south complaint may be obtained from the clerk
I the state legislature, In a comment that only could the intersection of CR 25 and CR 46.A of the court.
copy of the applications for annexation, If you fall to file your answer or other
ast session passed a law probably make sense in the bm- zoning,and amendments to the Compre- response to the complaint inviting within
juveniles the right to ap- tal illogic of this story,one friend hensive Plan and zoning ordinance can 35 days after the date of the last publica-
ecision by a district attor- of Dana's said they believed her of 8v 0A.M.an at d 5:Ha00
P.M..,Mo the nday dare tion,d against you t by thdefe court flt yo be ren-
rr the re-
try them as an adult. He refusing to take the ashes, to • through Friday. lief demanded in the complaint without
ing able to make such a keep them safe at the mortuary, This notice given and published by further notice.
file"in Heather's case is one of the best motherlythings Milliken,Colorado. certain mineral estates/real property de-
t of the reason they were she ever did. scribed as follows:
get her into YOS. The ashes sit in an urn,wait- TOWN OF MILLIKEN, COUNTY OF Township9 North,Range 57 West of
WELD,COLORADO the 6th P.M.
Section 17:W/2SW/4
By:/s/Cheryl Powell,Town Clerk Section 18:N/2SE/4,NE/4
Weld County,Colorado
Published in The Johnstown Breeze, Dated:June 4,2012.
would you know June 7,14,21,and 28,2012LOHF -
^e to get yours If you DISTRICT COURT, . FEIGER P IAN JACOBS HYMAN&
t hWELD COUNTY,COLORADO /s/StephenStephenE.Kapnik
read the paper?
901 9th Ave.,P.O.Box 2038
Greeley,Colorado 80631 Published in The Johnstown Breeze June
Telephone:970-351-7300 .7,14,21 828 and July 5,2012.
•'_ . °`r M•. - - Plaintiff.THE PROSPECT COMPANY, PUBLIC NOTICE OF PETITION FOR
\ Jr)., •.. . " /c1 a Delaware corporation, CHANGE OF NAME
Defendants:HARRY EUGENE DUGAN, Public notice is given on May 9,
t ,'" z r ..4 .4 JR.and MAUDIE E.DUGAN,husband. 2012 that a Petition for a Change of Name
t I 'f / 'v _ and wife;JUDY J.YORK f/k/a JUDY of an Adult has been filed with the Weld
•
+ i
t t' . DOUGLAS and DOUGLAS A.YORK, County Court
' r �1 ,� i \ husband and wife;JOHNNY DUGAN and The petition requests that the name
- _. MARIE DUGAN,husband and wife;WAL- of Eloise Solano Rodello be changed to
{ LACE LEO DUGAN and AGNES DUGAN, Eloise Solana Derrera.
/ husband and wife;RONALD MARK
X DUGAN and BARBARA ANN DUGAN, /s/Katherine L.Walker,Clerk of Court
i . •vl , , r _ husband andwife;PAUL SEAN DUGAN,
- • •fir', +d. . an individual;LISA MARIE WALLACE and Published in The Johnstown Breeze May
p „
r , DAVID F.WALLACE,husband and wife; 24 8 31 and June 7,2012
SPRINGFIELD OIL COMPANY,a Col-
A-
.
ANNEXATION IMPACT REPORT
for the
BERNHARDT ANNEXATION
Prepared for:
Town of Milliken
P.O. Drawer 290
Milliken, Colorado 80543
Table of Contents
I. Project Description Page 1
II. Municipal Services Page 1
III. Special Districts Page 2
IV. School District Impact Page 2
V. Exhibits
A. Vicinity Map Page 3
B. Bernhardt Annexation/Zoning/Concept Plan Map Page 4
This annexation impact report has been prepared pursuant to Section 31-12-108.5 Colorado Revised
Statutes, 1986 Repl. Vol. Exhibit A contains a maps depicting the existing and proposed public services to
the property, the existing and proposed land use for the property, and the proposed annexation.
I. Project Description:
The property proposed for annexation contains a total of 505.52± acres. The boundary is 22,405.59 linear
feet of which 5,298.66 linear feet or 24.6%is contiguous to Milliken Town limits. Thus, this annexation
meets the 1/6 contiguity requirement.
The land proposed to be annexed is owned by Bernhardt Farms LLC (464.06 acres) and Public Service
Company of Colorado (464.06 acres).
The landowner proposes to develop the property as an industrial campus to: capitalize on the site's
proximity to the railroad and fiber optics, help strengthen Milliken's economic base, provide more quality
local jobs and to capitalize on Milliken's status as an enterprise zone. The land will continue in agricultural
production until it is fully developed.
II. Municipal Services:
Municipal services for the Bernhardt Annexation will be provided in the following manner:
Electricity Xcel Energy
Telephone Qwest Communications
Water Town of Milliken
Sanitary Sewer Town of Milliken
Fire Milliken Fire Protection District
Police Town of Milliken
Street Maintenance Town of Milliken
The Town of Milliken has adopted general master plans for the extension of water lines and appurtenant
facilities, sanitary sewer mains and treatment facilities, stormwater facilities, road maintenance, police
protection, parks and recreation and library services to the area proposed for annexation, which is within
the Milliken Planning Area.
Milliken plans to finance extension of the above-mentioned municipal services to the area proposed for
annexation through a variety of means, including subdivision improvement requirements, impact fees
capital improvement programs, and arrangements with special districts.
III. Special Districts:
The area to be annexed is included within the following special districts:
Weld County School District,RE-5J
Northern Colorado Water Conservancy District
Central Colorado Water Conservancy District
Central Colorado Water Subdistrict
Little Thompson Water District
Central Colorado Water Well Association
Milliken Fire Protection District
Aims Junior College
High Plains Library District
West Greeley Soil Conservation District
A petition for inclusion will be filed with the Two Rivers Parks and Recreation District and processed upon
approval of this annexation application.
IV. School District Impact:
It is anticipated that the annexation will benefit Weld County School District RE-5J by increasing the value
of the property. It is estimated this development will not contribute any K-12 students to the school system
as the property will be zoned for agricultural and industrial uses;no residential uses are anticipated at this
time.
V. Exhibits:
A. Vicinity Map(8/2"x 11")
B. Annexation/Zoning/Concept Plan Map(11"x 17")
21Pno •
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