HomeMy WebLinkAbout20110767.tiff Of Nor,
C ^ ` >> ° City of Dacono, Colorado
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March 15, 2011
Clerk of the Weld County Northern Colorado Water Mountain View Fire
Bd. Of County Comm'rs Conservancy District Protection District
P.O. Box 758 220 Water Avenue 9119 E. County Line Rd.
Greeley, CO 80632 Berthoud, CO 80513 Longmont, CO 80501
Bruce Barker, Esq. Weld Library District Longmont Conservation Dist.
Weld County Attorney 2227 23`d Avenue 9595 Nelson Road Box D
915 10th Street Greeley, CO 80631 Longmont, CO 80501
Greeley, CO 80632
St. Vrain Sanitation Dist. Town of Firestone Central Weld County Water Dist.
11307 Business Park Circle Box 100 2235 2"d Avenue
Firestone, CO 80504 Firestone, CO 80520 Greeley, CO 80631
St. Vrain Valley School District Town of Frederick Carbon Valley Recreation Dist.
395 South Pratt Parkway P.O. Box 435 701 5th Street
Longmont, CO 80501-6499 Frederick, CO 80530 Frederick, CO 80530
Weld County School Dist. RE-8
301 Reynolds Street
Fort Lupton, CO 80621
Dear Sir or Madam:
Enclosed please find notification for a proposed annexation to the City of Dacono, Colorado,to be
known as the Miller Ranch Annexation Nos. 1 and 2. The Public Hearing on the proposed
annexations is scheduled for Monday, April 11, 2011 at 6:00 p.m., as described in the enclosed
Resolution No. 11-12. Also enclosed are copies of the Petitions for Annexation as filed and the
notice published in the Farmer & Miner on March 9, 16, 23 and 30, 2011.
CITY OF DACONO, COLORADO
Valerie Elliott, City Clerk
cc: Bill Efting, City Administrator
Jennifer Krieger, Community Development Director
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RESOLUTION NO. 11-12
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR ANNEXATION
PETITIONS FILED WITH THE CITY OF DACONO,COLORADO,KNOWN AS
THE MILLER RANCH ANNEXATION NOS. 1 AND 2 TO THE CITY OF
DACONO, AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, petitions for annexation of certain property to be known as the Miller Ranch
Annexation Nos. 1 and 2 have been filed with the City Clerk of the City of Dacono, Colorado,and
referred to the City Council for a determination of substantial compliance with applicable law;and
WHEREAS, the City Council wishes to permit simultaneous consideration of the subject
property for annexation and zoning, if requested in the petitions; and
WHEREAS,the City Council has reviewed the petitions and desires to adopt by Resolution
its findings in regard to the petitions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DACONO, COLORADO:
Section 1. The petitions,the legal descriptions for which are attached hereto as Exhibit A
and incorporated herein by reference,are in substantial compliance with C.R.S. §§ 31-12-104 and-
105 and Section 30 of Article II of the Colorado Constitution.
Section 2. No election is required under C.R.S. §31-12-107(2)or Article II,Section 30
of the Colorado Constitution.
Section 3. No additional terms and conditions are to be imposed within the meaning of
Sections 31-12-107(1)(g), -110(2)or-112, C.R.S.
Section 4. The City Council will hold a public hearing for the purpose of determining if
the proposed annexation complies with Section 30 of Article II of the Colorado Constitution and
Sections 31-12-104 and 31-12-105, C.R.S., and will hold a public hearing to determine the
appropriate zoning of the subject property,if requested in the petitions,at the Dacono City Hall,512
Cherry Street, Dacono, Colorado 80514, on Monday,April 11,2011 at 6:00 p.m.
Section 5. Any person may appear at such hearing and present evidence relative to the
proposed annexation, and the proposed zoning if requested in the petition.
Section 6. Upon completion of the hearing,the City Council will set forth,by resolution,
its findings and conclusions with reference to the eligibility of the proposed annexation,and whether
the constitutional and statutory requirements for the proposed annexation have been met, and will
further determine the appropriate zoning of the subject property if requested in the petitions.
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Section 7. if the City Council concludes, by resolution, that all constitutional and
statutory requirements have been met and that the proposed annexation is proper under the laws of
the State of Colorado, the City Council may pass one or more ordinances annexing the subject
property to the City of Dacono,and will pass one or more ordinances zoning the subject property if
requested in the petition.
INTRODUCED, READ, and ADOPTED this 28th day of February, 2011.
Gha'rle§.Sigman
Mayor
ATTEST:
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Valerie Elliott
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City Clerk
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EXHIBIT A
LEGAL DESCRIPTIONS
Miller Ranch Annexation No. 1:
A PORTION OF LAND, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO.
CONSIDERING THE NORTH LINE OF NORTHEAST QUARTER OF SECTION 13 TO
BEAR NORTH 89°23'12" EAST, A DISTANCE OF 2633.10 FOUND 2 1/2" ALUMINUM
CAP "29425" AND THE NORTHEAST CORNER OF SECTION 13, BEING A NUMBER
6 REBAR WITH A 3 1/4" ALUMINUM CAP "FLATIRONS SURV 16406", WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
SOUTH 44°36'05" WEST, A DISTANCE OF 42.59 FEET TO A POINT THAT IS 30.00
FEET WEST OF THE EAST LINE AND 30.00 FEET SOUTH OF THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 13 AND THE POINT OF
BEGINNING;
THENCE PARALLEL WITH SAID EAST SECTION LINE AND ALONG THE WEST
RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 (AKA COLORADO BLVD),
SOUTH 00°11'01" EAST, A DISTANCE OF 634.52 FEET;
THENCE SOUTH 89°32'43" WEST, A DISTANCE OF 1845.25 FEET TO THE
EASTERLY LINE OF THE FARMERS RESERVOIR AND IRRIGATION COMPANY
DITCH RIGHT OF WAY AS RECORDED IN BOOK 406 AT PAGE 296 OF THE WELD
COUNTY CLERK& RECORDER'S OFFICE;
THENCE ALONG SAID DITCH RIGHT OF WAY, NORTH 22°52'15" EAST, A
DISTANCE OF 231.90 FEET;
THENCE 179.68 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 465.00 FEET, AN INCLUDED ANGLE OF 22°08'21" AND SUBTENDED
BY A CHORD BEARING NORTH 11°48'04" EAST, A DISTANCE OF 178.56 FEET;
THENCE NORTH 00°43'53" EAST, A DISTANCE OF 242.39 FEET TO A POINT THAT
IS 30.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 13 SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD 10;
THENCE LEAVING SAID DITCH RIGHT OF WAY AND ALONG SAID SOUTH RIGHT-
OF WAY LINE, NORTH 89°23'12" EAST, A DISTANCE OF 1713.51 FEET TO THE
POINT OF BEGINNING;
SAID PARCEL CONTAINING 1,104,912 SQ.FT. OR 25.36 ACRES, MORE OR LESS.
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Miller Ranch Annexation No. 2:
A PORTION OF LAND, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO.
CONSIDERING THE NORTH LINE OF NORTHEAST QUARTER OF SECTION 13 TO
BEAR NORTH 89°23'12" EAST, A DISTANCE OF 2633.10 FEET BETWEEN THE
NORTH QUARTER CORNER OF SECTION 13, BEING A FOUND 2 1/2" ALUMINUM
CAP "29425" AND THE NORTHEAST CORNER OF SECTION 13, BEING A NUMBER
6 REBAR WITH A 3 1/4" ALUMINUM CAP "FLATIRONS SURV 16406", WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
SOUTH 44°36'05" WEST, A DISTANCE OF 42.59 FEET TO A POINT THAT IS 30.00
FEET WEST OF THE EAST LINE AND 30.00 FEET SOUTH OF THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 13;THENCE PARALLEL WITH
SAID EAST SECTION LINE AND ALONG THE WEST RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 13 (AKA COLORADO BLVD), SOUTH 00°11'01" EAST, A
DISTANCE OF 634.52 FEET; THENCE SOUTH 89°32'43" WEST, A DISTANCE OF
1937.81 FEET TO A POINT ON THE WESTERLY LINE OF THE FARMERS
RESERVOIR AND IRRIGATION COMPANY DITCH RIGHT OF WAY AS RECORDED
IN BOOK 406 AT PAGE 296 RECORDED OF THE WELD COUNTY CLERK &
RECORDER'S OFFICE AND THE POINT OF BEGINNING;
THENCE SOUTH 89°32'43" WEST, A DISTANCE OF 228.04 FEET;
THENCE NORTH 11°24'29" EAST, A DISTANCE OF 642.61 FEET TO A POINT 30.00
FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 13, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 10;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89°23'12" EAST, A
DISTANCE OF 238.23 FEET TO A POINT ON THE WESTERLY LINE OF SAID DITCH
RIGHT OF WAY;
THENCE ALONG SAID DITCH RIGHT OF WAY THE FOLLOWING THREE
COURSES, SOUTH 00°43'53" WEST, A DISTANCE OF 240.40 FEET;
THENCE 146.83 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 380.00 FEET, AN INCLUDED ANGLE OF 22°08'21" AND SUBTENDED
BY A CHORD BEARING SOUTH 11°48'04" WEST, A DISTANCE OF 145.92 FEET;
THENCE SOUTH 22°52'15" WEST, A DISTANCE OF 268.55 FEET TO THE POINT
OF BEGINNING;
SAID PARCEL CONTAINING 166,631 SQ.FT. OR 3.82 ACRES, MORE OR LESS.
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PETITION FOR ANNEXATION
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TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of
Dacono and its City Council for annexation to the City of Dacono of the unincorporated territory, the
legal description of which is attached hereto as Exhibit A and incorporated herein by this reference,
located in the County of Weld and the State of Colorado, and to be known as the Miller Ranch
Annexation No. 1 to the City of Dacono.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to
the City of Dacono.
■ 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or
!�1 have been met in that:
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a. Not less than one-sixth of the perimeter of the area proposed to be annexed is
• contiguous with the City of Dacono or will be contiguous with the City of
Dacono within such time as required by Section 31-12-104.
■ b. A community of interest exists between the area proposed to be annexed and
�J the City of Dacono.
c. The area proposed to be annexed is urban or will be urbanized in the near
future.
d. The area proposed to be annexed is integrated with or is capable of being
■ integrated with the City of Dacono.
!■� e. No land within the boundary of the territory proposed to be annexed which is
�J held in identical ownership, whether consisting of one tract or parcel of real
■ estate or two or more contiguous tracts or parcels of real estate, has been
AI divided into separate parts or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels were separated
by a dedicated street, road, or other public way.
f. No land within the boundary of the area proposed to be annexed which is held
in identical ownership, whether consisting of one tract or parcel of real estate
or two or more contiguous tracts or parcels of real estate, comprises twenty
acres or more, and which, together with the buildings and improvements
situated thereon, has an assessed value in excess of two hundred thousand
dollars ($200,000.00) for ad valorem tax purposes for the year next preceding
' the annexation, has been included within the area proposed to be annexed
without the written consent of the landowner or landowners.
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g. No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
. h. The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
• i. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the City of Dacono more than three miles
in any direction from any point of the boundary of the City of Dacono in any
one year.
j. The territory proposed to be annexed is 25.36 acres in total area.
k. Prior to completion of the annexation of the area proposed to be annexed, a
plan will be in place, pursuant to Section 31-12-105(I)(e), C.R.S., which
generally describes the proposed location, character, and extent of streets,
. subways, bridges, waterways, waterfronts, parkways, playgrounds, squares,
parks , aviation fields, other public ways, grounds, open spaces, public
utilities, and terminals for water, light, sanitation, transportation, and power to
be provided by the City of Dacono; and the proposed land uses for the area;
such plan to be updated at least once annually.
1. In establishing the boundary of the area proposed to be annexed, if a portion
of a platted street or alley is to be annexed, the entire width of the street or
alley has been included within the area annexed, and reasonable access will
not be denied to any landowners, owners of any easement, or the owners of
any franchise adjoining any platted street or alley which is to be annexed to
the City of Dacono but is not bounded on both sides by the City of Dacono.
1 m. If required, an impact report will be prepared and filed pursuant to Section
31-12-108.5, C.R.S.
3. The owners of more than fifty percent of the area proposed to be annexed, exclusive
of dedicated streets and alleys, have signed this petition and hereby petition for
® annexation of such territory.
The signatures on this petition comprise one-hundred percent (100%) of the
■ landowners of the territory to be annexed and said landowners attesting to the facts
7 and agreeing to the conditions herein contained will negate the necessity of any
annexation election.
4. Accompanying this petition are four copies of an annexation map containing the
following information:
e a. A written legal description of the boundaries of the area proposed to be
annexed;
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b. A map showing the boundary of the area proposed to be annexed, said map
prepared by and containing the seal of a registered engineer;
c. Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the
boundaries and the plat numbers of plots or of lots and blocks;
■ d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the City of Dacono and the contiguous boundary of
any other municipality abutting the area proposed to be annexed, and a
showing of the dimensions of such contiguous boundaries.
5. Upon the annexation ordinance becoming effective, all lands within the area proposed
■ to be annexed will become subject to all ordinances, resolutions, rules, and
regulations of the City of Dacono, except for general property taxes of the City of
Dacono, which shall become effective as of the January l next ensuing.
. 6. The zoning classification requested for the area proposed to be annexed is Planned
Unit Development. The petitioners agree that said annexed land shall be brought
under the provisions of Chapter 16 of the Dacono Municipal Code within ninety(90)
' day from the effective date of the annexation ordinance.
7. There shall be no duty or obligation upon the City of Dacono to furnish water or
sanitary sewer facilities to the area proposed to be annexed. Such services will be
■ provided at such time, in the sole discretion of the City, when such services for water
and sanitary sewer can be economically and reasonably installed to service a
sufficient number of inhabitants within the area so as to make the construction and
establishment of such services feasible and at no additional cost for the same or
similar type of services provided to inhabitants within the existing corporate limits of
the City.
8. If required by the City, an annexation agreement has been or will be executed by the
petitioners herein and the City of Dacono relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the
annexation agreement.
9. The petitioners agree to the following terms and conditions, which shall be covenants
running with the land, and which may, at the option of the City, appear on the
annexation map:
a. Water rights shall be provided pursuant to City ordinance.
t� b. All conditions set out in the annexation agreement executed by the petitioner.
�■ c. Other:
WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the City of Dacono, acting through its City Council, approve the annexation
of the area proposed to be annexed:
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AFFIDAVIT OF CIRCULATOR
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The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
says:
That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the
City of Dacono, Colorado, consisting of 2 pages, including this page and that each signature thereon
was witnessed by your affiant and is the true signature of the person whose name it purports to be.
Circulator
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ACKNOWLEDGEMENT
STATE OF COLORADO )
)ss
COUNTY OF )
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The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this
day oft/2/, 2011 .
■, Witness my hand and official seal.
■ My commission expires on: /Jy/0'1/2p//
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• EXHIBIT A
• A PORTION OF LAND, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO.
. CONSIDERING THE NORTH LINE OF NORTHEAST QUARTER OF SECTION 13 TO
BEAR NORTH 89°23'12" EAST, A DISTANCE OF 2633.10 FOUND 2 1/2" ALUMINUM
CAP "29425" AND THE NORTHEAST CORNER OF SECTION 13, BEING A NUMBER
6 REBAR WITH A 3 1/4" ALUMINUM CAP "FLATIRONS SURV 16406", WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO.
• COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
. SOUTH 44°36'05" WEST, A DISTANCE OF 42.59 FEET TO A POINT THAT IS 30.00
FEET WEST OF THE EAST LINE AND 30.00 FEET SOUTH OF THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 13 AND THE POINT OF
BEGINNING;
THENCE PARALLEL WITH SAID EAST SECTION LINE AND ALONG THE WEST
. RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 (AKA COLORADO BLVD),
SOUTH 00°11'01" EAST, A DISTANCE OF 634.52 FEET;
THENCE SOUTH 89°32'43" WEST, A DISTANCE OF 1845.25 FEET TO THE
EASTERLY LINE OF THE FARMERS RESERVOIR AND IRRIGATION COMPANY
DITCH RIGHT OF WAY AS RECORDED IN BOOK 406 AT PAGE 296 OF THE WELD
COUNTY CLERK & RECORDER'S OFFICE;
THENCE ALONG SAID DITCH RIGHT OF WAY, NORTH 22°52'15" EAST, A
DISTANCE OF 231.90 FEET;
THENCE 179.68 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A
RADIUS OF 465.00 FEET, AN INCLUDED ANGLE OF 22°08'21" AND SUBTENDED
BY A CHORD BEARING NORTH 11°48'04" EAST, A DISTANCE OF 178.56 FEET;
THENCE NORTH 00°43'53" EAST, A DISTANCE OF 242.39 FEET TO A POINT THAT
IS 30.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 13 SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD 10;
THENCE LEAVING SAID DITCH RIGHT OF WAY AND ALONG SAID SOUTH RIGHT-
OF WAY LINE, NORTH 89°23'12" EAST, A DISTANCE OF 1713.51 FEET TO THE
POINT OF BEGINNING;
SAID PARCEL CONTAINING 1,104,912 SQ.FT. OR 25.36 ACRES, MORE OR LESS.
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PETITION FOR ANNEXATION
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TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO
® We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of
Dacono and its City Council for annexation to the City of Dacono of the unincorporated territory, the
legal description of which is attached hereto as Exhibit A and incorporated herein by this reference,
located in the County of Weld and the State of Colorado, and to be known as the Miller Ranch
Annexation No. 2 to the City of Dacono.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to
the City of Dacono.
■ 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or
have been met in that:
a. Not less than one-sixth of the perimeter of the area proposed to be annexed is
contiguous with the City of Dacono or will be contiguous with the City of
Dacono within such time as required by Section 31-12-104.
b. A community of interest exists between the area proposed to be annexed and
Sthe City of Dacono.
• c. The area proposed to be annexed is urban or will be urbanized in the near
future.
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the City of Dacono.
e. No land within the boundary of the territory proposed to be annexed which is
held in identical ownership, whether consisting of one tract or parcel of real
■ estate or two or more contiguous tracts or parcels of real estate, has been
divided into separate parts or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels were separated
by a dedicated street, road, or other public way.
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f. No land within the boundary of the area proposed to be annexed which is held
in identical ownership, whether consisting of one tract or parcel of real estate
or two or more contiguous tracts or parcels of real estate, comprises twenty
acres or more, and which, together with the buildings and improvements
rsituated thereon, has an assessed value in excess of two hundred thousand
dollars ($200,000.00) for ad valorem tax purposes for the year next preceding
the annexation, has been included within the area proposed to be annexed
without the written consent of the landowner or landowners.
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g. No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
h. The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
i. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the City of Dacono more than three miles
in any direction from any point of the boundary of the City of Dacono in any
one year.
j. The territory proposed to be annexed is 3.82 acres in total area.
k. Prior to completion of the annexation of the area proposed to be annexed, a
■ plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which
generally describes the proposed location, character, and extent of streets,
■ subways, bridges, waterways, waterfronts, parkways, playgrounds, squares,
parks , aviation fields, other public ways, grounds, open spaces, public
. utilities, and terminals for water, light, sanitation,transportation, and power to
be provided by the City of Dacono; and the proposed land uses for the area;
such plan to be updated at least once annually.
1. In establishing the boundary of the area proposed to be annexed, if a portion
of a platted street or alley is to be annexed, the entire width of the street or
alley has been included within the area annexed, and reasonable access will
IN not be denied to any landowners, owners of any easement, or the owners of
any franchise adjoining any platted street or alley which is to be annexed to
the City of Dacono but is not bounded on both sides by the City of Dacono.
m. If required, an impact report will be prepared and filed pursuant to Section
yam, 31-12-108.5, C.R.S.
■ir 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive
■ of dedicated streets and alleys, have signed this petition and hereby petition for
annexation of such territory.
The signatures on this petition comprise one-hundred percent (100%) of the
landowners of the territory to be annexed and said landowners attesting to the facts
and agreeing to the conditions herein contained will negate the necessity of any
annexation election.
4. Accompanying this petition are four copies of an annexation map containing the
following information:
a. A written legal description of the boundaries of the area proposed to be
annexed;
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b. A map showing the boundary of the area proposed to be annexed, said map
prepared by and containing the seal of a registered engineer;
c. Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the
boundaries and the plat numbers of plots or of lots and blocks;
d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the City of Dacono and the contiguous boundary of
any other municipality abutting the area proposed to be annexed, and a
showing of the dimensions of such contiguous boundaries.
5. Upon the annexation ordinance becoming effective, all lands within the area proposed
to be annexed will become subject to all ordinances, resolutions, rules, and
regulations of the City of Dacono, except for general property taxes of the City of
Dacono, which shall become effective as of the January 1 next ensuing.
6. The zoning classification requested for the area proposed to be annexed is Planned
Unit Development. The petitioners agree that said annexed land shall be brought
under the provisions of Chapter 16 of the Dacono Municipal Code within ninety(90)
day from the effective date of the annexation ordinance.
7. There shall be no duty or obligation upon the City of Dacono to furnish water or
sanitary sewer facilities to the area proposed to be annexed. Such services will be
® provided at such time, in the sole discretion of the City, when such services for water
and sanitary sewer can be economically and reasonably installed to service a
sufficient number of inhabitants within the area so as to make the construction and
establishment of such services feasible and at no additional cost for the same or
similar type of services provided to inhabitants within the existing corporate limits of
the City.
8. If required by the City, an annexation agreement has been or will be executed by the
petitioners herein and the City of Dacono relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the
annexation agreement.
9. The petitioners agree to the following terms and conditions, which shall be covenants
running with the land, and which may, at the option of the City, appear on the
annexation map:
a. Water rights shall be provided pursuant to City ordinance.
b. All conditions set out in the annexation agreement executed by the petitioner.
c. Other:
WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the City of Dacono, acting through its City Council, approve the annexation
of the area proposed to be annexed:
3
S
AFFIDAVIT OF CIRCULATOR
■�
�! The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
says:
That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the
City of Dacono, Colorado, consisting of 2 pages, including this page and that each signature thereon
was witnessed by your affiant and is the true signature of the person whose name it purports to be.
Da,c,
■ Circulator
■
ACKNOWLEDGEMENT
STATE OF COLORADO )
." )ss
COUNTY OF
■
The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this
day 000 , 2011 .
Witness my hand and official seal.
My commission expires on: Qy-/Qylacy/ •■. N ry ublic faith/
■ j/9ZA�
Address
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EXHIBIT A
A PORTION OF LAND, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
® COUNTY OF WELD, STATE OF COLORADO.
CONSIDERING THE NORTH LINE OF NORTHEAST QUARTER OF SECTION 13 TO
BEAR NORTH 89°23'12" EAST, A DISTANCE OF 2633.10 FEET BETWEEN THE
NORTH QUARTER CORNER OF SECTION 13, BEING A FOUND 2 1/2" ALUMINUM
CAP "29425" AND THE NORTHEAST CORNER OF SECTION 13, BEING A NUMBER
6 REBAR WITH A 3 1/4" ALUMINUM CAP "FLATIRONS SURV 16406", WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
SOUTH 44°36'05" WEST, A DISTANCE OF 42.59 FEET TO A POINT THAT IS 30.00
FEET WEST OF THE EAST LINE AND 30.00 FEET SOUTH OF THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 13;THENCE PARALLEL WITH
SAID EAST SECTION LINE AND ALONG THE WEST RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 13 (AKA COLORADO BLVD), SOUTH 00°11'01" EAST, A
DISTANCE OF 634.52 FEET; THENCE SOUTH 89°32'43" WEST, A DISTANCE OF
1937.81 FEET TO A POINT ON THE WESTERLY LINE OF THE FARMERS
RESERVOIR AND IRRIGATION COMPANY DITCH RIGHT OF WAY AS RECORDED
IN BOOK 406 AT PAGE 296 RECORDED OF THE WELD COUNTY CLERK &
RECORDER'S OFFICE AND THE POINT OF BEGINNING;
THENCE SOUTH 89°32'43" WEST, A DISTANCE OF 228.04 FEET;
THENCE NORTH 11°24'29" EAST, A DISTANCE OF 642.61 FEET TO A POINT 30.00
FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 13, SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF
WELD COUNTY ROAD 10;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89°23'12" EAST, A
DISTANCE OF 238.23 FEET TO A POINT ON THE WESTERLY LINE OF SAID DITCH
RIGHT OF WAY;
THENCE ALONG SAID DITCH RIGHT OF WAY THE FOLLOWING THREE
COURSES, SOUTH 00°43'53" WEST, A DISTANCE OF 240.40 FEET;
THENCE 146.83 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 380.00 FEET, AN INCLUDED ANGLE OF 22°08'21" AND SUBTENDED
BY A CHORD BEARING SOUTH 11°48'04" WEST, A DISTANCE OF 145.92 FEET;
THENCE SOUTH 22°52'15" WEST, A DISTANCE OF 268.55 FEET TO THE POINT OF
BEGINNING;
SAID PARCEL CONTAINING 166,631 SQ.FT. OR 3.82 ACRES, MORE OR LESS.
I
I
I
•
•
LEGAL NOTICES
Dacono City Hall,512 Cherry Street, 'compliance with applicable law;and Valerie Elliott - IN THE NORTHEAST QUARTER
Dacono, Colorado 80514, • The City Clerk OF SECTION 13, TOWNSHIP 1
purpose of the Public Hearing is WHEREAS,the City Council wishes NORTH, RANGE 68 WEST OF •
to consider a request for zoning of to permit simultaneous consideration EXHIBITA THE 6TH PRINCIPAL MERIDIAN,
property proposed to be annexed ofthesub)ect propertyforannexacon LEGAL DESCRIPTIONS COUNTY OF.WELD, STATE OF
to the City and known as the Miller and zoning, if requested In the COLORADO.
Ranch Annexation Nos, I and 2 to :petitions;and Miller Ranch Annexation No.1;
the City, The zoning.requested for CONSIDERING THE NORTH LINE
the Miller Ranch Annexation Nos. 1 WHEREAS, the City Council has A PORTION OF LAND, LOCATED OF NORTHEAST QUARTER OF
and 2 is l-1,Light Industrial district reviewed e tthe petitions,and desires IN THE NORTHEAST QUARTER SECTJON 13 TO BEAR NORTH
Further Notice Is hereby. given regard tp he Resolution etiton its findings In NORTH, RAF NGIE 63, 8 WESTIPOF 2633310• FEET BETWEEN ETHE
that the City Council of the City of THE 6TH PRINCIPAL MERIDIAN. NORTH QUARTER CORNER OF
Dacono will hold a Public Hearing- NOW THEREFORE BE IT COUNTY OF WELD, STATE OF SECTION 13, BEING A FOUND 2
commencing at 6:00 p.m., Monday, RESOLVED BY THE CITY COLORADO. 1/2"ALUMINUM CAP"29425"AND
April.11,2011,at the Dacono City COUNCIL OF THE CITY. OF THE NORTHEAST CORNER OF
Hell, 512 Cherry Street,'Dacono, DACONO,COLORADO: CONSIDERING THE NORTH LINE SECTION 13,BEING A NUMBER 6
Colorado 80514. The purpose of OF.NORTHEAST QUARTER OF REBAR WITH A 3 1/4"ALUMINUM
the.Public Hearing is to determine 5gc4ipn L The petitions, the legal SECTION 13 TO BEAR NORTH CAP °FLATIRONS SURV 16406",
whether certain property for which descriptions for which are attached 89'23'12' EAST A DISTANCE WITH ALL BEARINGS CONTAINED
a petition for annexation has been hereto as Exhibit A and Incorporated OF . 2633.10 FOUND 2 1/2' HEREIN RELATIVE THERETO.
filed with the City,to be known as herein by reference, are In ALUMINUM CAP 29425' AND
the Miller Ranch Annexation Nos, substantial compliance with C.R.S. THE NORTHEAST CORNER OF COMMENCING AT THE
1 and 2 to the City of Dacono, §§31-12-104 end-105 and Section SECTION 13,BEING A NUMBER 6 NORTHEAST CORNER OF SAID
meets the applicable requirements 30 of Article II of the Colorado REBAR WITH A 3 1/4"ALUMINUM SECTION 13 THENCE SOUTH
of the constitution.end statutes . Constitution. CAP "FLATIRONS SURV 16406 44°3605"WEST,A DISTANCE OF
of the-Stale of Colorado end is WITH ALL BEARINGS CONTAINED 4259 FEET TO A POINT THAT IS
eligible for annexation to the City, SepPtic❑2,No election is required HEREIN RELATIVE THERETO 30.00 FEET WEST OF THE EAST
and to determine the zoning for the under C.RS. § 31.12-107(2) or LINE AND 30.00 FEET SOUTH
proposed annexation. The zoning Article It Section 30 of the Colorado COMMENCING AT THE OF THE NORTH LINE OF THE
requested for the Miller Ranch Constitution. NORTHEAST CORNER OF SAID NORTHEAST.QUARTER OF SAID.
Annexation Nos 1 and 2 is 1-1,Light SECTION 131 THENCE SOUTH ' SECTION 13THENCE PARALLEL
Industrial district Jectlo0 a.No additional terms and 44°36'05'WEST,A DISTANCE OF WITH SAID EAST SECTION LINE
conditions are to be imposed within 42 59 FEET TO A POINT THAT IS - AND ALONG THE WEST RIGHT-
Any person may appear at the Public the meaning of Sections 31-12- 30.00 FEET WEST OF THE EAST OF-WAY LINE OF WELD COUNTY
Hearings and be heard r the -107(1)(8),-110(2)or-112,C.R.S. LINE-'AND 30.00 FEET SOUTH ROAD 13 (AKA COLORADO
matters under consideration. The OF THE NORTH LINE OF THE BLVD). SOUTH 00°11'01" EAST
approximate location of the propertyThe CIty Council will NORTHEAST QUARTER OF SAID. A DISTANCE OF 634.52 FEET
is southwest of the intersection Subtle public hearing for the purpose SECTION 13 AND THE POINT OF . THENCE SOUTH 89°32'43"WEST,
of Weld County Road 10 and pf determining if the proposed BEGINNING' - A DISTANCE OF 1937.81 FEET
Weld County Road 13. The legal annexation complies with Section THENCE PARALLEL WITH SAID TO A POINT ON THE WESTERLY
description of the property which Is 30 of Article,ll of the Colorado EAST SECTION LINE AND ALONG LINE OF THE FARMERS
the subject of the annexation and Constitution and Sections 31-12- THE WESTRIGHT-OF-WAY LINE• RESERVOIR AND IRRIGATION
zoning request is shown In ExhibitA 104 and 3142-105:CAS.,end will OF WELD COUNTY ROAD 13 COMPANY DITCH RIGHT OF WAY
of the-Resolution set forth below. hold a public:hearing to determine AKA COLORADO BLVD SOUTH AS RECORDED IN BOOK 406
the appropriatezoningg of the subject 00°11'01" EAST,ADISTANCE OF AT PAGE 296 RECORDED OF
Copies of the zoning application, propert,if requested In the petitions 634.52 FEET THE WELD COUNTY CLERK &
annexation petition.annexation map, at the Dacono City Hell 512 Cherry THENCE SOUTH 89°32'43"WEST RECORDER'S OFFICE AND THE
end related documents are.on Tile Street,Dacono,Colorado 80514,on A DISTANCE OF 1845.25 FEET' POINT OF BEGINNING;
end available for public Inspection Monday,April 11,2011 at 6:00 pm. TO THE EASTERLY LINE OF THE
in the office of the City Clerk 512 , FARMERS RESERVOIR AND THENCE SOUTH 89°32'43"WEST,
herry'Street, Dacono,CO 80514,. flagon 5,Any person may appear IRRIGATION COMPANY DITCH A DISTANCE OF 228.04 FEET;
during regular business hours.: at such hearing and present RIGHT OF WAY AS RECORDED THENCE NORTH 11°24'29" EAST,
Set forth below Is the Resolution evidence relative to the proposed IN BOOK 406 AT.PAGE 296 OF ADISTANCE OF 642.61.FEET TO A
finding that the annexation petition'. annexation, and the proposed THE WELD. COUNTY CLERK & POINT 30.00 FEET SOUTH OF THE
4 In substantial compliance with zoning if requested In the petition, RECORDER'S OFFICE; , NORTH LINE OF THE NORTHEAST
the applicable laws of the State THENCE ALONG SAID DITCH QUARTER OF SAID SECTION 13
of Colorado and setting the public Section Q. Upon completion of the RIGHT OF WAY,NORTH 22°52'15" SAID POINT ALSO BEING ON THE
;hearing. hearing,the City Council will set EAST, A DISTANCE OF 231.90.. SOUTH RIGHT'OF-WAY LINE OF
forth,by resolution,its findings and FEET; WELD COUNTY ROAD 10;
Dieted the 2nd day of March,2011, conclusions with reference to the THENCE 179.68 FEET ALONG THE THENCE ALONG SAID SOUTH
5 : eligibility of the pro used annexation ARC OF A CURVE TO THE LEFT RIGHT-OF-WAY,NORTH 89'23'12'
CITY OF DACONO,COLORADO and whether the constitutional HAVING A RADIUS OF 465.00 EAST, A DISTANCE OF 238.23
,Vyalere Elliott and statutory requirements for the FEET, AN INCLUDED ANGLE FEET TO A POINT ON THE
City Clerk proposed annexation have been OF 22°0821" AND SUBTENDED WESTERLY LINE OF SAID DITCH
met, and will further determine BY A CHORD BEARING NORTH RIGHT OF WAY'
Publication Dates: March, 9 16 - the appropriate zoning of the 11°48'04" EAST,A DISTANCE OF THENCE .ALONG SAID DITCH
23 and 30 2011 in the Farmer and subject property If requested in the 178.56 FEET; RIGHT OF WAY THE FOLLOWING
iner. petitions. THENCE NORTH 00°4353"EAST THREE COURSES SOUTH
• A DISTANCE OF 24239 FEET 00'43'53'WEST,A DISTANCE OF
if the City Council TO A POINT THAT IS 30,00 FEET. 240.40 FEET;
RESOLUTION NO.11.12 conies, :by resolution, that SOUTH OF THE NORTH LINE OF THENCE 146.83 FEETALONG THE
all constitutional and statutory THE NORTHEAST QUARTER OF ARC OF A CURVE TO THE RIGHT
*RESOLUTION FINDING requirements have been met and SAID.SECTION 13 SAID POINT HAVING A RADIUS OF .380.00
SUBSTANTIAL COMPLIANCE that the proposed annexation Is ALSO BEING ON THE SOUTH ' FEET, AN INCLUDED ANGLE
FOR ANNEXATION PETITIONS proper under the laws of the State RIGHT-OF-WAY'LINE OF WELD OF 22°06'21" AND SUBTENDED
FILED WITH THE CITY OF of Colorado,the City Council may COUNTY ROAD 10; BY A CHORD BEARING SOUTH
DACONO,COLORADO KNOWN. pass One or more ordinances THENCE LEAVING SAID DITCH- 11°4804"WEST,A DISTANCE OF
AS THE MILLER RANCH annexing the subject property to the RIGHT, OF WAY AND ALONG:. 145.92 FEET;
ANNEXATION NOS.I AND 2 TO City of Dacono,and will pass one or SAID SOUTH I RIGHT-OF WAY THENCE SOUTH 22°52'15"WEST
THE CITY OF DACONO AND more ordinances zoning the subject LINE,•NORTH,89°2312' FAST A.. A DISTANCE OF 268.55 FEET TO
, SETTING A PUBLIC HEARING property if requested In the petition DISTANCE. OF 1713.51 FEET YO' THE POINT OF BEGINNING;
THEREON. 1 THE POINT OF BEGINNING;
INTRODUCED, READ, and [ : SAID PARCEL CONTAINING
WHEREAS,petitions for annexation ADOPTED this 28th day of February, SAID. PARCEL CONTAINING. 166631 SOFT. OR 3.82 ACRES,
of certain properly to be known as the 2011. 1104912 SQFT.OR 2536ACRES, MORE OR LESS.
Miller Ranch Annexation Nos.1 and MORE OR LESS. - •
2 have been filed with the City Clerk Charles Slgman
pf the City of Dacono, Colorado, Mayor Miller Ranch Annexation No.2:.
end referred to the City Council
t for a determination of substantial ATTEST A PORTION OF LAND, LOCATED
CITY OF
DACONO
COLORADO
EST 1900 a'
L 1 March '18, 2011
To: Weld County Board of County Commissioners
From: City of Dacono
RE: Miller Ranch Annexation No. 1 and No. 2
Annexation Impact Report
This report is provided pursuant to Section 31-12-108.5, C.R.S., concerning the proposed annexation of
certain real property known as the "Miller Ranch Annexation No. 1 and No. 2" to the City of Dacono (the
"Property"). Property comprising said annexations are located in the northeast quarter of Section 13,
Township 1 North, Range 68 West of the 6th PM., Weld County, Colorado.
The annexation consists of two parcels totaling approximately 29.2 acres;
• Miller Ranch Annexation No. 1 is 25.36 acres of land. The land is located adjacent to, and west
of WCR 13 and adjacent to the south of WCR 10.
• Miller Ranch Annexation No. 2 is 3.82 acres of land. The land is located adjacent to and west of
the Miller Ranch Annexation No. 1.
A community of interest exists as the area to be annexed will be urbanized in the future. The parcel is
currently undeveloped non-irrigated dry farmland with one existing vacant home including multiple
accessory structures. Upon annexation, City of Dacono planned unit development (PUD) zoning is
proposed for the sites. The annexed land will be incorporated into the larger proposed Miller Ranch
PUD, located adjacent to and north of the petitioned site. This zoning and a subsequent subdivision of
the land will permit a mixed-use development which may include residential, commercial and/or office
uses.
The petitioner, Miller International Inc., is the present owner of the property. A resolution finding
substantial compliance with statutory criteria and establishing a date for a public hearing was adopted
by the City Council on February 28, 2011. Notice of the public hearing will be published by the City, as
required by statute.
In accordance with C.R.S. 31-12-108.5 the following are submitted:
(I) Contiguous Boundary. The boundaries of the proposed annexations are contiguous with
the City of Dacono. The present and proposed boundaries of the City of Dacono are shown
on the Annexation Map (attached as Exhibit A- Map No. 1). The contiguity established with
the City of Dacono is indicated on the Annexation Map and exceeds one-sixth of the total
perimeter of the Property.
(II) Streets. Currently, the land is largely undeveloped and therefore no internal streets exist
(attached as Map Exhibit A- Map No. 1). The existing home is accessed by an unpaved
driveway adjacent to WCR 13. Final site access will be based on the approved planned unit
development. As development occurs, the petitioner will be responsible for constructing
iu.rd Qt3p`I
LC.. i L. Sc) Q.A.Cc, rem .) -roll-07(17
512 Cherry Street, Dacono, Colorado 80514 ♦ (303)833-2317(303)833-5562 fax • www.ci.dacono.co.us
512 Cherry Street/PO Box 186/Dacono,CO 80514/Tel:303.833.2317/Fax:303.833.5528/www.ci.dacono.co.us
internal streets and access to the development in accordance with adopted public
improvements standards and the City's master Transportation Plan adopted June 2003.
(III) Water Transmission and Distribution. Water service will be provided by the City of
Dacono. The petitioner will install water and distribution lines within the property at the time
of development, as specified in the annexation and development agreements to be
negotiated with the property owner. The petitioner will pay all water fees assessed by the
City of Dacono and Central Weld County Water District and dedicate all required raw water
at the time of development. The petitioner will dedicate all necessary utility easements at
the time of development and convey any deep well water rights to the City at the time of
subdivision.
(IV) Sanitary Sewer. The site will receive sanitary sewer service from St. Vrain Sanitation
District. The petitioner will install sewer collection facilities as needed to serve the property
and pay all sewer fees assessed by the City and District at the time of development.
(V) Storm Drainage. The petitioner will be responsible for the design and construction of any
storm drainage facilities needed within the property. The petitioner will be required to
participate in any City drainage basin-wide program, including payment of drainage basin
fees on a gross square footage basis, to provide basin-wide facilities identified in the City's
master drainage plan and will dedicate any rights-of-way necessary for the construction of
these facilities. The design, construction and maintenance of any storm drainage facilities
needed internally on the property to handle developed flows will be addressed at the time a
development is proposed.
(VI) Public Lands. Public land dedication will be based on the development agreement for the
Miller Ranch Planned Unit Development.
(VII) Police and Fire Protection. The property is currently served by the Weld County Sheriff's
Office and the Mountain View Fire Protection District (MVFPD). Upon annexation, police
protection will be provided by the City of Dacono. The MVFP District will continue to serve
the annexed property. New construction and development will be required to meet fire code
standards of the District prior to approval of any development within the annexed property.
(VIII) Public Facility Extension. The extension of water, sewer, roadways, storm drainage and
other public improvements from the developed areas of the City to the property may be
reimbursed pursuant to a reimbursement agreement which reimburses the petitioner for the
costs in excess of fees to extend public facilities which benefit any such intervening lands.
In addition, pursuant to the requirements of Subparagraphs (b) through (f) of C.R.S. Section 31-12-
108.5(1), the following items have been addressed:
(b) A pre-annexation agreement is not required and has not been prepared. An annexation
agreement will be part of the final annexation of the property, a draft version is included herewith.
(c) Services will be extended to serve the property. The City's raw water is treated by the Central
Weld County Water District ("CWCWD") and provided in bulk to the City for delivery to potable
water users located within the City's municipal boundaries through City of Dacono water
transmission lines. Sanitary sewer service will be provided by the St. Vrain Sanitation District.
512 Cherry Street, Dacono, Colorado 80514 • (303)833-2317(303)833-5562 fax • www.ci.dacono.co.us
Telephone service will be provided by Qwest Communication. Natural gas is anticipated to be
provided by Kinder Morgan. United Power is anticipated to provide electrical service. All are
planned to be provided by extending such services from the surrounding area. Police protection
will be provided by the City of Dacono Police Department. Fire and ambulance service will be
provided by Mountain View Fire Protection District.
(d) The extension of municipal services into the areas will occur through one or more of the
following mechanisms: (1) development fees; (2) special improvement districts; (3) developer
funds; (4) metropolitan districts; or(5) otherwise by agreement between the City of Dacono and
owners as appropriate under the circumstances.
(e) The Weld County Treasurer's office records reflect that in addition to the school and emergency
services providers previously discussed the following districts exist within the area to be
annexed:
Parcel Number: 146713000047
District Mill Levy
Weld County 16.8040000*
School District RE8 22.2000000
Northern Colorado Water 1.000000
Mountain View Fire Protection 11.7470000
District
AIMS Junior College 6.3120000
Carbon Valley Rec. 6.6570000
High Plains Library 3.2550000
Total Mill Levy for 2010 67.6750000
*credit levy
(f) The annexation and future development may impact the Weld RE8 School District,
through additional student generation or the need for additional construction to educate such
students. The terms and conditions of the Weld RE-8 School District and City of Dacono
Intergovernmental Agreement will govern student generation fees and land dedications.
cc: Mayor and City Council
512 Cherry Street, Dacono, Colorado 80514 • (303)833-2317(303)833-5562 fax • www.ci.dacono.co.us
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