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HomeMy WebLinkAbout20121537.tiff so kNE HpB � ' A WELD COUNTY nil'jiver' Town Hall, 1101 Broad St, Drawer 290 • Milliken, CO 80543 • (970) 587-243N1147ySiettER3Srax 0 , l °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. 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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 • Hello