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Home My WebLink About20113028.tiff Q `t Town Hall. 1101 Broad St.,Drawer 290 Milliken,CO 8054.3 - =" .tHo• A (970)587-4331 Fax: (970) 587-2678 1�Iilliken ti49,,,o#e• November 10, 2011 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Hoffschneider Annexations#1 and#2 Dear Commissioners; In accordance with Section 31-12-108.5 C.R.S.,we respectfully submit this letter and the attached maps as the annexation impact report for the Hoffschneider Annexations#1 and#2 into the Town of Milliken. Also enclosed is a copy of the annexation petitions and the resolution(Reso.#11-17)of the Board of Trustees. The application for annexation includes an annexation and zoning map(copy enclosed),and a Special Use Permit and site plan.As part of the annexation process to the Town of Milliken, an amendment to the comprehensive plan to include the property within the Urban Growth Area will be accomplished. No preliminary or final plans for a subdivision of this property have been submitted with the petition. Project Location: This site is located at the SE/C of CR 23 and CR 38. Project Overview: This 10-acre site is currently zoned agricultural land with existing residential improvements. The proposed zoning is 1-2, Medium Industrial District and a Special Use Permit and site plan have been submitted with the annexation and zoning. The proposed use through the special use permit is for an indoor and outdoor storage yard for construction equipment and materials and a future batch plant site. Legal Descriptions PROPERTY DESCRIPTION (HOFFSCHNEIDER FIRST ANNEXATION): Being a portion of the Northwest Quarter of Section 1, Township 3 North, Range 67 West of the 6th P.M., also a portion of the Southwest Quarter of Section 36, Township 4 North, Range 67 West of the 6th P.M., also a portion of the Southeast Quarter of Section 35, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 1, Township 3 North, Range 67 West as assumed to bear South 89°15'22" East and with all bearings contained herein and relative thereto; Beginning at the Northwest corner of said Section 1, said point being the TRUE POINT OF .\v�, BEGINNING; thence along the Westerly, Southerly and Easterly lines of Lot B of Recorded 2011-3028 Ott - III (-• avc r4) Exemption No. 1218 South 01°00'25" East 1190.95 feet; thence South 90°00'00" East 363.16 feet; thence North 00°40'45" West 1156.03 feet to a point on the South right of way of County Road 38; thence departing said South right of way North 89°55'32" East 2100.86 feet to a point on the North line of the Northwest Quarter of said Section I; thence departing said North line North 88°26'19" West 2102.35 feet to a point on the North right of way of said County Road 38; thence along said North right of way North 89°15'22" West 400.18 feet; thence South 02°01'27" East 29.92 feet; thence South 89°01'48" East 29.42 feet to the Northwest corner of said Section 1 and the TRUE POINT OF BEGINNING.. PROPERTY DESCRIPTION (HOFFSCHNEIDER SECOND ANNEXATION): Being a portion of the North Half of Section 1, Township 3 North, Range 67 West of the 6" P.M., also a portion of the South Half of Section 36, Township 4 North, Range 67 West of the 6th P.M., also a portion of the South Half of Section 31, Township 4 North, Range 66 West of the 6th P.M., also a portion of the North Half of Section 6, Township 3 North, Range 66 West of the 6h P.M., all in Weld County, Colorado being more particularly described as follows: Considering the North line of the Northwest Quarter of Section 1, Township 3 North, Range 67 West as assumed to bear South 89°15'22" East and with all bearings contained herein and relative thereto; Beginning at the Northwest corner of said Section 1, said point being the TRUE POINT OF BEGINNING; thence along the North line of the Northwest Quarter of said Section 1 South 89°15'22" East 2471.46 feet to the TRUE POINT OF BEGINNING; thence departing said North line South 89°55'32" West 2100.86 feet to a point on the South right of way of County Road 38; thence along said South right of way the following four (4) courses and distances; South 89°15'22" East 2246.07 feet; thence South 89°13'32" East 2659.08 feet; thence North 87°28'02" East 2645.65 feet; thence North 87°27'05" East 30.03 feet to a point on the East right of way of County Road 25.5; thence departing said South right of way of County Road 38 and along the East right of way of County Road 25.5 North 02°35'53" West 30.00 feet to a point on the North line of the Northeast Quarter of Section 6, Township 3 North, Range 66 West; thence continuing along the East right of way of County Road 25.5 North 02°35'53" West 30.00 feet to a point on the North right of way of County Road 38; thence along the North right of way of said County Road 38 the following four (4) courses and distances; South 87°27'05" West 29.97 feet; thence South 87°28'02" West 2643.91 feet; thence North 89°13'32" West 2657.36 feet; thence North 89°15'22" West 2247.57 feet; thence departing said North right of way South 88°26'19" East 2102.35 feet to a point on the North line of the Northwest Quarter of said Section 1 and the TRUE POINT OF BEGINNING. Following is a list of the items that the Town is required to address for the Commissioner's benefit. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a vicinity map, a Current and Proposed Municipal Boundaries Map(The Framework Plan) and an annexation map showing the proposed annexation in relation to the Town of Milliken. In addition, please find excerpts from Milliken's draft Master Water/Wastewater Plan. These maps provide information about proposed sewer and water lines and streets. There are no existing water or sewer lines in the immediate area. Page 2 of 4 2. Existing and proposed land use pattern in the areas to be annexed. The existing surrounding land uses are predominately agricultural with single family residences and a sand and gravel site that adjoins to the west. The sand and gravel site will eventually become a water storage reservoir with public access for recreational uses. The Town's Comprehensive Plan-Envision Milliken-An Update to the Comprehensive Plan, February 2010. The Plan will be amended as part of the annexation process to include an industrial designation for the annexed property. 3. A copy of any draft or final pre-annexation agreement, if available. The Town did not enter into a pre-annexation agreement. 4. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town and the entities below are capable of providing services to this area. Electricity Xcel Energy Telephone Qwest Communications Water Existing well Sanitary Sewer Existing septic Fire Platteville-Gilcrest Fire Protection District Police Town of Milliken Street Maintenance Weld County by means of a road maintenance agreement with Platte Sand and Gravel/Gilcrest Reservoir, LLC 5. A statement of the Town's plans for the financing of municipal services within the area to be annexed. 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. There are no proposed extensions of water lines, sewer lines,or streets to this site based on the proposed annexation. The site is now being served by an existing well and septic system. The property is served by WCR 38 that abuts the site on the north. 6. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District RE-1 Platteville-Gilcrest Fire Protection District Northern Colorado Water Conservancy District Central Colorado Water Conservation District Little Thompson Water District Aims Junior College High Plains Library District Platte Valley Soil Conservation District 7. A statement of the effect of the annexation upon the local public school district systems, including the estimated number of students generated and the capital construction required to educate such students. The annexation will not generate additional impacts to the school district. Respectfully, Steve House Director of Community and Economic Development Attachments: CC: Weld County School District, RE-1 Platteville-Gilcrest Fire Protection District Northern Colorado Water District Central Colorado Water District Central Colorado Water Sub district Aims Junior College High Plains Library District Platte Valley Soil Conservation District Weld County Attorney Weld County Clerk and Recorder Town of Platteville Town of Gilcrest Page 4 of 4 - I •Hf 'UJOIBNHOSJJOH ANOOtl >xB ) �°' "^oo ml. (9 �l9,n».+fo z/,.fo(B.a ', fo a o,1 \¢ ` J ` NOIIYX3NNY H]OI9NHOSI'AOH J m SttB-tf9-IO[B)ivf/9,9D-899-(0(B)S,R L'. WItlO103 ..,,. Ol m m i O Z n lmf3,. 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PLANNED URBAN I STATION y4 I ♦ I 1 fGR0W01 BOUNONtY -• ., • ' WCR54 ' `. -- - __� - - - _ - � • I ' b . qu I KIER'FORCE&INN . • o. ,r LOVELAND GREELY eta Oym,,,) 11 \ YI , I , a . IRRIGATION CANAL , ♦ \ I♦ ♦ n I I. \ V V •4. "" I .. I 'seI _ ! o -. / \ 1 r . `\ ° II y�n — -6 1' ' ',7, r.> 5 O . Jl p \\\ P4"m 6 _ O 1 ♦ > `_ s 4C IJI 1 o. as r a `3 i 1YR 1 y • w Y 1 - 1�A RCN 50 NCR 50. . 1 •• C' R, 020 B' I. •'" ".• 5EWAGE LIFT .,. f" t$ ds" a h. ..<- ♦ / STATON 11 ' i 95 l _. .. •.• C! '. .6`' x11 ;P >5 b I I f♦\ EXISTING WASTEWATER `5 - r' Ill r - CPU N 0Y♦TREATMENT PLANT 1 •tle. . I_ I ♦ �g♦ �Y• s SEWAGE LIFT i _ - a tI ,,, _.._. COLD n � STATION RCR.e,s di� ,S'_" t$aL„ • a`O ,,, SEWAGE LIFT •' 01,,,„ `� 4 'STATION ,#3 - , \ Vto I THOMPSON AND I ' - , A , I: PLATTE-DITCH :,.. � ,�i .. � V A � •_ter ,4. I•' _. ( ?I . e '5 16' \ I es' �/ I A , 1I A A ' / NW I .d SERER FORCE YAW 1 , '. I bwlcu)� `v: F• 1 �• ! �xARa69 AREA EXCLUDEDI\-SEWAGE LIFT I IA^ FROM S1UDY PER wwREx STATION $2 c 1 _ ..-..-I . I HRYSBORO'el r I 1 . v 1 I , I i --- .J¢R 4i _ 2 8 - L 5418 7 VCR 42 - . ; . I .- _• .^- u• 0.05 CFS-8' `4 .: .I I i y . • .' 4� I. I r ,. I Jl •-• " o: - :43 85-10' N 0.57 CFS-1Y 1' _I SENOR FORCE MAIN I rIi - I ...g ' / I I g g _Iii' .5J CFS- 12' 5 12' 1 /� 1` {,,. SEWAGE LIFT 7'3� _ 0.69.8 I. STATION #1 ° ' �� '1 I I •�•�uPtAM ED IMBANY1 - I1 y r l y - -'--__ _ - --s:. Il — _ _'_ I r 2000 L 0 2000 IOW s R "' i� r. I • .SCALE OF FEET F FIGURE Town of Milliken Water & Sewer Master Plan 6-2 Proposed Sewage Collection System Rothberg, Tamburini & Winsor, Inc, Ott a GREELEY GOLD HILL RESERVOIR 91E� LASTING 51"WATER iRANSWAN1�59CN N te VoSN11NG 4IS90N Vdtlpli R ;" - i N Iii 1 'e A C `♦• I PLANNED URBAI ♦ , f GROWIN 90UNOMY I NCR 54 ♦ a- - _ _ _ � _ _ _ _ �._._ _ —__T.._ _ -•a' NORTH HIGHLANDS • -= 41im1 � . A• PRESSURE ZONE _ . :• • 1 -. 2. 'I I • + aaA 1 I 1 N -♦• i - —EIEVAnON 4970 I nay \ i • .. I \ / _ II\ NCR 52 NCR 52 ' 1y'+� r C. \ \//y/ /!\ \ NORTH PRESSURE `. 1 � '^ ,,� - i.j, a'6 a 6'B WATER ZONE , ',� - °.. , asTRle9noN HPES ?t \_ I _ • I .. F tS 1 - I\ l• NCR 50 1 R' �,.♦; •; • •I' EXISTII�C PREs5URE f " SI F \ NCR 50 J • .P 1 REOOCIwC vA1TE / - i , 11 � '1v• MT TO 933•PS • , iIt ••• r 1 1 1 il w\ !,. 1 ,J "/-♦ a I it �♦ I ' { �"V. ,I� R < I,:e,:x I :__ >` •, a •'•. i •`a. - ' N ♦ kepi flEVADON 1517„ I +—�- fT - ISDNC 16 0 WAIER -..• ♦.•` I /E, 1 - -- AN51Y55x1N MAIN .. - - I r ,' „ 1 �. r'Yy 1"" "� --�. sow�•� •:,•'^ �l� EXISTING 12'0 WATER � MCR 18 ry . - TRANSMSSIOKMAIN for' .. + lll� t R.. f , ♦ 1 _k . . = • - A /I e , TL ,• -� IR I DOSING 0375 � I , , i X/EME i /{cT]ThII � j. 4 SET TO 69 P9 I • E•- Y it•*), ,•�� 11L I li.... s ..-- S J Ai i I . i I$kNIRAL PRESSURE. 1. ,.. •-;'1 •: I,.�f •- ZONE ' r: : 'r EXISTING 10"0 WATER x 1 I I, �1RNI I1 ON NAM LNCRN _- / I• ••I' >r _ ,. ;/ P SOUTH PRESSURE t`+♦e . . .I �' I .,.. • I.n—- - J .... ZDNE° _ ...•i ii : i t' 1 I4 as 7 Ili4";P T' / �y.�@ re v ` I I PRESSURE RE • ,C � VALVE SET TO 70 P9 O ,^'' // } -1dF 12 DOSINGCpYJ�Cn�MTM •M� - \ I I 1 !.. .N,-f I WATER 05TRIG1 �•1 - ... I r t _ 1 f/ Ii ...6 ' '� ' - ,I - 11.- ELEVATION 4803 Q I • 1 1 II I. ,/, . .,r I-' I �..F -,FROwIH 6QIBOARY ' N I,. I I 2000 I 0 -a'2000 ry fS0a1OF FEET I " • / - � ` .. f. ... FIGURE Town of Milliken Water & Sewer Master Plan 5-2 Existing Water System Rothberg, Tamburini & Winsor, Inc, CITY DE GREELEY GOLD HILL WATER TAW FARM E%ISTMG 51•WATER 'fi_V'5AC5B..MINN - ^ w '03 RELOCA110 IC WAS •' RI METER VAULT We' — 11 1 PROPoSED WATER ',` PLANNED URBAN METER VAULT °'+ I I ` ` `\• / BROWM BOUNDARY • '�• \ (I NORTH HIGHLANDS I • I `-PROPOSED ZONE 1 \,,. .( ' ,q `. RESERVOIR W PRESSURE ZONE .. ``-- ,\ I :\\ sumac NW ♦~....-- .,i✓ PROPOSED L.,.' it, -•-�_�-•...i , REDUCING VALVE SET '•I I i I `v i amnia♦966 'e ;TD 5•PSI I !I •\,.. v .. • , N'CR 52 .,� 1 ' 12' ., "IT' /G• - 12' ST ` /• ' 1\\/ VCR 52 - ; y .. .. _ _. i ..r .' + ID jam• i3 °' '� ' N0R4.TH PRESSURE 1\\ .:, Vy-` 2 \ >, �N ♦t' `�=s♦ - \• ZONE I `. :, ;• i, -E ,_• N - , I •.I �: \ •per '• I I 1 1i. I .. I I 1 i. REWLNG V ,• \.♦ + ; ki i I\. . , 11\ �m ... W` SEL 1D 9}3 P9 1 1 ti i • s♦ \ > . -1 I 1 NCR 50 a q.�•. -i', \� ♦ I r k' IYc MCR 50 ♦ ''\,� i •• \ , \ ♦ i PROPOSED l ir ' ♦ \ , - •. REDUONC VAListti 1 I \ I I,.. It TEVA NN/8/0 . Hi` 'r {.. . « 12' •, 1,.../ _. �- — , r ' rx —, 1...iiit. .,ui r, o._.---—4T.60 .-- -,-I 12. IY . 12. •.. 16 16 WCR Ib F,. I ...: as L . f e -r 9il - ---.. 1 I. 11{I 1:. F ,1 I • __. DEMOLISH �. 2•- � ... /• s{'� .� •,i i• `�.PRSSN[' �._r �• 30' / ♦/ ‘. • •1 ,REWORD I \ iv VAL E I: I _ A PROPOSED y 'I ♦ i- re WATERLINE •, 7W I I I Or ID.OQO GPM •�f I \ I .-= ' IS' ♦0\ ' CENTRAL •• ' 'e 7° PRESSURE ZONE d1 _ - i' It Its ♦i 1z' • I ♦ I J '♦' - • 1 SOUTH PRESSURE I PROPOSED Zr a< i} D. ZONE RESERVOIR a ZONE4 sA ' ' II 2(SOUTH)BOOSTER S -I 12'w,R•z PUMP STA710N ♦ a;♦ i.. 1 �u . ,•. Du,. - ' -- �l " 12• ,. ♦i,� ., 1,2' 1. •!' VRt IT ___ • I.- P .. • CENTRAL NELD COUNTY '�L.♦ ( I WA1FA 051RICT \\ •�ti - 1 L L _ N ,I - t . 1.4 ELEVA110N•B•0 . .N- `' •II It 12' I. ej r i F . -"i" PROPOSED PRESSURE I : "‘ REDUCE VALVE SET • i`+g TO 6O P4 1 /—Aft • I • .. m.1 I 1 ii 1 • v., I• ¢ I h I T 19 .Ti1 ..A 1T' 17 I 1 .-. 6 L-_.• ear - �. 2• I • . ,. RANKED UNARY •, ! r =@t� . -'s .. W BRNDAAY I I /iN .m• .. N I I 11 ' I I _ _ _ . . 't _ —_. - - I— .. 2000 10 4r 2000 4040 %.m :` SCALE OF FEET r a il e F.•''( - i. FIGURE Town of Milliken Water & Sewer Master Plan 5-3 Proposed Water System Rothberg, Tamburini & Winsor, Inc. RESOLUTION NO. 11-17 A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF MILLIKEN INITIATING ANNEXATION PROCEEDINGS FOR THE HOFFSCHNEIDER ANNEXATIONS NO. 1 AND NO. 2. WHEREAS, the Board of Trustees has reviewed the annexation petition for the acres known as the Hoffschneider Annexations No. 1 and No. 2; and WHEREAS, the Board of Trustees finds the annexation petition to be complete and in substantial compliance with both the requirements of the Colorado Municipal Annexation Act of 1965 as amended and Chapter 16, Article 13 of the Milliken Municipal Code. NOW THEREFORE BE IT RESOLVED that the Town of Milliken Board of Trustees hereby approves Resolution 11-17 accepting the annexation petition and initiating annexation proceedings for the Hoffschneider Annexations No. 1 and No. 2 and sets the public hearing date for Planning Commission for December 7, 2011 and the Town Board of Trustees December 28, 2011 to determine if the proposed annexation complies with the Colorado Municipal Annexation Act of 1965, or such parts thereof as may be required to establish eligibility for annexation and Section 16-13-30 of the Milliken Municipal Code. APPROVED AND ADOPTED BY THE TOWN OF MILLIKEN BOARD OF TRUSTEES ON THIS 26th DAY OF OCTOBER, 2011. ATTEST: o .8,471 L. e Lichtfuss, Mayor CheryYL. Powell —'Town Co-Clerk TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN,CO 80543 PETITION FOR HOFFSCHNEIDER ANNEXATION ''F I We represent that we are the landowners of 100%of the land described in this Petition,excluding public streets,alleys, roads and easeme ts,which is legally described on Exhibit W,and affirm the following to be true and correct as of 9 fy)/Il , Our petition for annexation Is filed with the Town of Milliken. 1. The perimeter of the proposed Annexation has a distance of 13 linear feet of which 1250.7Fnear feet are contiguous to the existing Town Limits of Milliken. This contiguity results in a minimum of %of the perimeter(more than 1/6)of proposed annexation being contiguous to the Town of Milliken. The proposed Annexation contains approximately nacres. 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 understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilites. Until urbanization takes place the Petitioners intend to maintain their properties in their current uses, and the Town will not be required to furnish water,gas,electric or sanitary sewer services to the property.The Petitioners will agree to record a restrictive covenant confirming this waiver upon the request of the Town if and when the annexation is approved. 5. 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. 6. 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 Millrken'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 Page 1 administration,water meter,water tap,sewer tap,raw water,and other supplemental fees as appropriate. 7. The Petitioners understand that Milliken is required by Co/orado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide It to Milliken for review and consideration six(6)weeks prior to the hearing. 8. 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). 9. 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. 10. The Petitioners agree to design and install transportation infrastructure,utility infrastructure,and stormwater improvements to serve the Property and as may be required by the Town 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. 11. 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. 12. 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,bails, open space and comprehensive plans. 13. 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. 14. 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. 15. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. 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 / 0 - 6 - R Date Signed STATE OF COLORADO )SS CIRCULATORS AFFIDAVIT COUNTY OF WELD ?ip� kJ-cc:cm( k being first duly sworn,upon oath deposes and says that helshe was the cirwlabr of the above and foregoing petition and that the ignatures on said petition are the signatures of the persons whose names they purport to be. Sign re 20/I Subscribed and sworn to before me this <P day of th-Tbega X90r WITNESS my hand and oOklal seal. My Commission expires: 6 '/C- 2 c) / 2 X4,14 //ill-- Notary Public rc Hu L o Page 3 TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN,CO 80543 PETITION FOR HOFFSCHNEIDER ANNEXATION 4 Z We represent that we are the landowners of 100%of the land described in this Petition,excluding public streets, alleys, roads and easemgnts which is legally described on Exhibit°A',and affirm the following to be true and correct as of 9 tl lit , Our petition for annexation Is filed with the Town of Milliken. 22..34 y2o3.� 1. The perimeter of the proposed Annexation has a distance of linear feet of which inter feet are contiguous to the existing Town Limits of Milliken. This contiguity results in a minimum of 11:.6196 of the perimeter(more than 1/6)of proposed annexation being contiguous to the Town of Milliken. The proposed Annexation contains approximately8 acres. 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 understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilites.Until urbanization takes place the Petitioners intend to maintain their properties in their current uses, and the Town will not be required to furnish water, gas, electric or sanitary sewer services to the property.The Petitioners will agree to record a restrictive covenant confirming this waiver upon the request of the Town if and when the annexation is approved. 5. 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. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way end 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 Page 1 administration, water meter,water tap,sewer tap, raw water,and other supplemental fees as appropriate. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation Impact report and provide It to Milliken for review and consideration six(8)weeks prior to the hearing. 8. 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). 9. 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. 10. The Petitioners agree to design and install transportation infrastructure,utility infrastructure, and stormwater improvements to serve the Property and as may be required by the Town 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 end 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. 11. 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. 12. The Petitioners agree that future development of the she 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. 13. 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. 14. 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. 15. The Petitioners understand that the RE5-J ;divul District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. 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 ) Date Signed Pe•• nor STATE OF COLORADO ) \ )SS CIRCULATOR'S AFFIDAVIT COUNTY OF WELD O° V being first duly swum,upon oath deposes and says that he/she was the circulalorbf the above and foregoing petition and that ignatures on said petition are the signatures of the persons whose nwnes they purport to be. Signature Subscribed and sworn to before me this L' day of ek iBB,4_ ,206C WITNESS my hand and official seal. My Commission expires: 6 -fig- 2©/ .z Notary Public • F 1J r _' r c , a •- ' Page3 Hello