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HomeMy WebLinkAbout20091287.tiffOFFICE OF THE CITY CLERK Civic Center Complex 350 Kimbark Street Longmont, Colorado 80501 May 20, 2009 Weld County Commissioners PO Box 758 Greeley, CO 80632 Dear County Commissioners: J Phone: 303-651-8649 H Fad: 3Q3-)551-8590 www.ci.longmont.co.us Enclosed are notices of public hearing regarding the St. Vrain Annexations No.s 4 and 5 which will be before the Longmont City Council on June 23, 2009 at 7:00 p.m. If you have any questions or concerns regarding this annexation, please contact the City of Longmont Planning Department at 303-651-8330. Sincerely, Valeria Skitt Director of Administration/City Clerk Enclosed are copies of the: -Notices of Public Hearing -Resolutions R-2009-41 and 42 -Petitions to Annex Territory to the City of Longmont -City of Longmont, Colorado Annexation Impact Report Pvb/rc Ertn e4J -.3—o C c . Chi,S'o',& t ePil 79 g°r ,§'.°N,eEs° .IZ MI M oR wm esA .apg 2009-1287 NOTICE OF PUBLIC HEARING CITY OF LONGMONT--CITY COUNCIL June 23, 2009--7:00 P.M. CITY COUNCIL CHAMBERS ST. VRAIN ANNEXATION NUMBER 4 RESOLUTION R-2009-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, FINDING THAT THE PETITION FOR ANNEXATION OF A CERTAIN PARCEL OF LAND LOCATED IN WELD COUNTY, STATE OF COLORADO, KNOWN AS THE ST. VRAIN ANNEXATION NO. 4 (GENERALLY LOCATED SOUTH OF WELD COUNTY ROAD 20.5 AND EAST OF WELD COUNTY ROAD NO. 1) SUBSTANTIALLY COMPLIES WITH THE COLORADO REVISED STATUTES SECTION 31-12-107(1) WHEREAS a petition for annexation of a certain parcel of land as described in the attached Exhibit A, has been filed with the Longmont City Clerk; and WHEREAS the petition has been referred to the Longmont City Council for a determination of substantial compliance with the requirements of C.R.S. § 31-12-107(1); and WHEREAS the City Council has been advised by staff, and has taken official notice of all maps, records and other information and other materials on file with the City of Longmont, Colorado, regarding said petition. NOW, THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, RESOLVES: Section 1 The Longmont City Council hereby finds the annexation petition substantially complies with C.R.S. § 31-12-107(1). Section 2 The City Council shall hold a public hearing on the proposed annexation on June 23, 2009 at 7:00 p.m. in the City Council Chambers, Civic Center Complex, Longmont, Colorado, to determine if the proposed annexation complies with the C.R.S. §§ 31-12-104 and 105, or such parts thereof as may be required to establish eligibility for annexations. Section 3 The City Clerk shall publish a notice of hearing once a week for four successive weeks before the hearing in a newspaper of general circulation in the area proposed for annexation. Section 4 The resolution shall become effective upon approval. Section 5 The Council repeals all resolutions or parts of resolutions in conflict with this resolution, but only to the extent of such inconsistency. Passed and adopted this 12th day of May, 2009. /s/Roger Lange MAYOR ATTEST: /sNaleria L. Skitt CITY CLERK APPROVED AS TO FORM: /s/James W. Rourke DEPUTY CITY ATTORNEY /s/Janet J. Sorenson PROOFREAD APPROVED AS TO FORM AND SUBSTANCE: /s/Phil DelVecchio ORIGINATING DEPARTMENT 05/08/2009 DATE 05/08/2009 DATE 05/08/2009 DATE PETITION TO ANNEX TERRITORY TO THE CITY OF LONGMONT The undersigned owner(s) of real property, pursuant to Section 31-12-107, C.R.5., Municipal Annexation Act of 1965, petition the Council of the City of Longmont, Colorado, for annexation of certain territory, and state: 1. That the territory generally located at the E1/2 of the NE1/4 and the E1/2 of the SE1/4 of Section 18, T2N, R68W of the 6th P.M., County of Weld, State of Colorado containing 39.273 acres or less, is more particularly described in the attached legal description. 2. That the petitioning owners represent more than 50 percent of the area described above, excluding public streets and alleys. 3. That Petitioners further allege that: (a) It is desirable and necessary that such area be annexed to the City of Longmont. (b) The requirements of Sections 31-12-104 and 31-12-105, C.R.S. exist or have been met, including: (i) Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Longmont, more specifically the perimeter of the area is 5306.48 feet, of which 945.37 feet are contiguous to the existing municipal boundary of the City of Longmont. (ii) A community of interest exists between the area proposed to be annexed and the City of Longmont. (iii) Said area is urban or will be urbanized in the near future, and is integrated or capable of being integrated with the City of Longmont. (iv) No land, unless separated by a dedicated public way, held in identical ownership is divided into separate parcels unless the owners of said tract have consented in writing to said annexation. (v) No land or contiguous parcels of land, except as may be situated entirely within the outer boundaries of the City of Longmont, held in identical ownership and comprising 20 acres or more and which, together with improvements, has an assessed valuation in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included in this petition without the written consent of the landowners. (vi) No proceedings for annexation of the area has been commenced for annexation to another municipality. (vii) The annexation of the area would not have the effect of extending the City boundary more than three miles in any one year. (viii) No partial width of any public right-of-way is included in the area proposed to be annexed. 4. As an express condition of annexation, the owners consent to inclusion into the Northern Colorado Water Conservancy District (District) and the Municipal Subdistrict (Subdistrict), Northern Colorado War Conservancy District pursuant to Section 37-45-136 (3.6), CR.S. The owners acknowledge that, upon inclusion into the District and Subdistrict, the owners property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the District and Subdistrict at the time of inclusion of owners land. The owners agree to waive any right to an election which may exist to require an election pursuant to Article X, Section 20 of the Colorado Constitution before the District and Subdistrict can impose such mill levies and special assessments as it has the authority to impose. The owners also agree to waive, upon inclusion, any right • which may exist to a refund pursuant to Article X, Section 20 of the Colorado Constitution. The petitioners below comprise the owners of more than 50% of the territory proposed to be annexed excluding public streets and alleys, and are in fact owners of 100°/° of the territory proposed to be annexed, except as listed below. Owner - Property Legal Description (may be referenced below and attached) Acres Percent of Total Area Proposed for Annexation D$S City Lease Option LLC See Exhibit A attached 39.273 100°!° Totals The undersigned request the City of Longmont approve the annexation of the area proposed to be annexed; the undersigned also request the zoning of PUBLIC for the property. Date' Owner Signature Owner Address #1/07( e_6( ti� /� lnn/6tmn1�, co Sato( V1 =Date of signing must be within 180 days of filing with the City. EXHIBIT A Fairgrounds Marketplace Annexation Legal Description A Parcel Of Land Located In The Northeast Quarter Of The Northeast Quarter Of Section 8 And The Northwest Quarter Of The Northwest Quarter Of Section 9, Township 2 North, Range 69 West Of The Sixth Principal Meridian, County Of Boulder, State Of Colorado, Being More Particularly Described As Follows: Commencing At The Northeast Corner Of Said Section 8 Whence The East Quarter Corner Of Said Section 8 Bears South 00°01'45" West 2650.88 Feet, Said Line Forming The Basis Of Bearings For This Description; Thence Along The East Line Of The Northeast One -Quarter Of Said Section 8 South 00°01'45" West 420.02 Feet, Said Point Being The True Point Of Beginning: Thence South 89°26'48" East 80.00 Feet To A Point On The Easterly Right -Of -Way Line Of Hover Street; Thence Along Said Easterly Right -Of -Way Line South 00°01'45" West 905.32 Feet; Thence North 89°28'00" West 80.00 Feet To A Point On The East Line Of The Northeast One -Quarter Of Said Section 8; Thence Continuing North 89°28'00" West 1329.48 Feet To The East One -Sixteenth Corner Of Said Section 8; Thence North 00°15'04" East 905.79 Feet; Thence South 89°26'48" East 1325.98 Feet To The True Point Of Beginning, Containing 29.264 Acres More Or Less. CA File: 7651 NOTICE OF PUBLIC HEARING CITY OF LONGMONT--CITY COUNCIL June 23, 2009--7:00 P.M. CITY COUNCIL CHAMBERS ST. VRAIN ANNEXATION NUMBER 5 RESOLUTION R-2009-42 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, FINDING THAT THE PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN WELD COUNTY, STATE OF COLORADO, KNOWN AS THE ST. VRAIN ANNEXATION NO, 5 (GENERALLY LOCATED SOUTH OF WELD COUNTY ROAD 20.5 AND EAST OF WELD COUNTY ROAD NO. 1) SUBSTANTIALLY COMPLIES WITH THE COLORADO REVISED STATUTES SECTION 31-12-107O) WHEREAS a petition for annexation of a certain parcel of land as described in the attached Exhibit A, has been filed with the Longmont City Clerk; and WHEREAS the petition has been referred to the Longmont City Council for a determination of substantial compliance with the requirements of C.R.S. § 31-12-107(1); and WHEREAS the City Council has been advised by staff, and has taken official notice of all maps, records and other information and other materials on file with the City of Longmont, Colorado, regarding said petition. NOW, THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, RESOLVES: Section 1 The Longmont City Council hereby finds the annexation petition substantially complies with C.R.S. § 31-12-107(1). Section 2 The City Council shall hold a public hearing on the proposed annexation on June 23, 2009, at 7:00 p.m. in the City Council Chambers, Civic Center Complex, Longmont, Colorado, to determine if the proposed annexation complies with the C.R.S. §§ 31-12-104 and 105, or such parts thereof as may be required to establish eligibility for annexations. Section 3 The City Clerk shall publish a notice of hearing once a week for four successive weeks before the hearing in a newspaper of general circulation in the area proposed for annexation. Section 4 The resolution shall become effective on approval. Section 5 The Council repeals all resolutions or parts of resolutions in conflict with this resolution, but only to the extent of such inconsistency. Passed and adopted this 12`h day of May, 2009. /s/Roger Lange MAYOR ATTEST: /s/Valeria L. Skitt CITY CLERK APPROVED AS TO FORM: /s/James W. Rourke DEPUTY CITY ATTORNEY /s/Janet J. Sorenson PROOFREAD APPROVED AS TO FORM AND SUBSTANCE: /s/Phil Del Vecchio ORIGINATING DEPARTMENT 05/08/2009 DATE 05/08/2009 DATE 05/08/2009 DATE EXHIBIT A St. Vrain Annexation No. 5 Legal Description A tract of land located in the E1/2 of the SE1/4 of Section 18, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the E1/4 Corner of said Section 18, from which the Southeast Corner of said Section 18 bears S00°21'22"E, 2606.90 feet (Basis of Bearing), thence S00°21'22"E, 1303.45 feet along the East Line of the E1/2 of the SE1/4 of said Section 18 to the S1/16 Comer common to said Section 18 and Section 17, also being the Corporate Boundary of the. City of Longmont (by virtue of the St. Vrain Annexation No. 4) and the TRUE POINT OF BEGINNING: Thence S00°21'22"E, 1303.45 feet continuing along the East Line of the E1/2 of the SE1/4 of said Section 18 to the Southeast Corner of said Section 18; Thence S87°42'10"W, 1319.85 feet along the South Line of the E1/2 of the SE1/4 of said Section 18 to the E1/16 Corner common to said Section 18 and Section 19; Thence N00°15'40"W, 1308.91 feet along the West Line of the E1/2 of the SE1/4 of said Section 18 to the SE1/16 Corner of said Section 18 and said Corporate Boundary of the City of Longmont; Thence N87°56'12"E, 1317.52 feet along said Corporate Boundary of the City of Longmont to the TRUE POINT OF BEGINNING. Area = 39.521 acres, more or less. 1 RESOLUTION R-2009-41 2 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 3 FINDING THAT THE PETITION FOR ANNEXATION OF A CERTAIN PARCEL OF LAND 4 LOCATED IN WELD COUNTY, STATE OF COLORADO, KNOWN AS THE ST. VRAIN 5 ANNEXATION NO. 4 (GENERALLY LOCATED SOUTH OF WELD COUNTY ROAD 20.5 6 AND EAST OF WELD COUNTY ROAD NO. 1) SUBSTANTIALLY COMPLIES WITH THE 7 COLORADO REVISED STATUTES SECTION 31-12-107O) 8 9 WHEREAS a petition for annexation of a certain parcel of land as described in the 10 attached Exhibit A, has been filed with the Longmont City Clerk; and 11 WHEREAS the petition has been referred to the Longmont City Council for a 12 determination of substantial compliance with the requirements of C.R.S. § 31-12-107O); and 13 WHEREAS the City Council has been advised by staff, and has taken official notice of 14 all maps, records and other information and other materials on file with the City of Longmont, 15 Colorado, regarding said petition. 16 NOW, THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 17 RESOLVES: 18 Section 1 19 The Longmont City Council hereby finds the annexation petition substantially complies 20 with C.R.S. § 31-12-107(1). 21 Section 2 22 The City Council shall hold a public hearing on the proposed annexation on June 23, 23 2009 at 7:00 p.m. in the City Council Chambers, Civic Center Complex, Longmont, Colorado, to C:\Documents and Seoinnsvourkejno My Documents \WPDOCS\Planniny,annexauons\SI wain Annex no 4 1st Res.doc 05,08/09 9 10 11 12 Passed and adopted this 12th day of may I , 2009. 13 14 15 16 17 ATTEST: 18 19 FA 21 CITY CLERK 22 23 APPROVED AS TO FORM: 24 26 27 ( DE) DUTY CITY ATTORNEY 1 determine if the proposed annexation complies with the C.R.S. §§ 31-12-104 and 105, or such 2 parts thereof as maybe required to establish eligibility for annexations. 3 Section 3 4 The City Clerk shall publish a notice of hearing once a week for four successive weeks 5 before the hearing in a newspaper of general circulation in the area proposed for annexation. 6 Section 4 7 The resolution shall become effective upon approval. 8 Section 5 The Council repeals all resolutions or parts of resolutions in conflict with this resolution, but only to the extent of such inconsistency. 28 29 30 31 32 33 34 35 36 37 38 39 APPRQ D AS TO FORM AND SUBSTANCE: /al -2(49 ORIGINATING DEPARTMENT CA File:7923 DATE DATE 2 C:'Documents and Senings rourkejw\My Documems\WPDOCS\Planning\annexatlons',St vrain Annex no 4 1st Res.doc 05,08/09 DATE g/0 A EXHIBIT A 2 St. Vrain Annexation No. 4 3 Legal Description 4 5 A tract of land located in the E1/2 of the NE1/4 and the E1/2 of the SE1/4 of Section 18, T2N, 6 R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: 7 8 BEGINNING at the E1/4 Corner of said Section 18, from which the Southeast Corner of said 9 Section 18 bears S00°21'22"E, 2606.90 feet (Basis of Bearing); 10 11 Thence S00°2I'22"E, 30.01 feet along the East Line of the E1/2 of the SEI/4 of said Section 18 12 to the Southerly Right -of -Way Line of Weld County Road No. 20-1/2; 13 14 Thence continuing S00°21'22"E, 1273.44 feet along the East Line of the E1/2 of the SEI/4 of 15 said Section 18 to the S1/16 Corner common to said Section 18 and Section 17; 16 17 Thence S87°56'12"W, 1317.52 feet to the SE1/16 Corner of said Section 18; 18 19 Thence N00°15'40"W, 973.71 feet along the West Line of the E1/2 of the SE1/4 of said Section 20 18 to the Southerly Line of that Tract of land conveyed to Cathy L. Bryarly on June 2, 1997 in 21 Book 1609 at Reception No. 2550811 of the records of Weld County, Colorado; 22 23 Thence N88°10'18"E, 130.00 feet along the Southerly Line of said Tract described in Book 1609 24 at Reception No. 2550811 to the Southeast Corner thereof; 25 26 Thence N00°15'40"W, 305.19 feet along the Easterly Line of said Tract described in Book 1609 27 at Reception No. 2550811 to the Southerly Right -of -Way Line of said Weld County Road No. 28 20-1/2; 29 30 Thence N01°49'42"W, 60.00 feet perpendicular to the Northerly Right -of -Way Line of said 31 Weld County Road No. 20-1/2 to said Northerly Right -of -Way Line; 32 33 Thence N88°10'18"E, 241.24 feet along said Northerly Right -of -Way Line to the Corporate 34 Boundary of the City of Longmont (by virtue of the St. Vrain Annexation No. 2, recorded on 35 July 15, 2008 at Reception No. 3566409 of said records of Weld County, Colorado); 36 37 Thence continuing N88°10'18"E, 945.37 feet along said Corporate Boundary of the City of 38 Longmont and along the Northerly Right -of -Way Line of said Weld County Road No. 20-1/2 to 39 the East Line of the NE1/4 of said Section 18; 40 41 Thence S00°41'57"E, 30.01 feet along the East Line of the NE1/4 of said Section 18 to the 42 TRUE POINT OF BEGINNING. 43 44 Area = 39.273 acres, more or less. 3 CPDocuments and SeningsvourkejnAMy I)ocnmenlsi WPDOCS\Planning•mmerations\Si wain Annex no 4 1st Res doc 05/06/09 • RESOLUTION R-2009-42 2 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 3 FINDING THAT THE PETITION FOR ANNEXATION OF A PARCEL OF LAND 4 LOCATED IN WELD COUNTY, STATE OF COLORADO, KNOWN AS THE ST. VRAIN 5 ANNEXATION NO. 5 (GENERALLY LOCATED SOUTH OF WELD COUNTY ROAD 20.5 6 AND EAST OF WELD COUNTY ROAD NO. 1) SUBSTANTIALLY COMPLIES WITH THE 7 COLORADO REVISED STATUTES SECTION 31-12-107(1) 8 9 WHEREAS a petition for annexation of a certain parcel of land as described in the 10 attached Exhibit A, has been filed with the Longmont City Clerk; and 11 WHEREAS the petition has been referred to the Longmont City Council for a 12 determination of substantial compliance with the requirements of C.R.S. § 31-12-107(1); and 13 WHEREAS the City Council has been advised by staff, and has taken official notice of 14 all maps, records and other information and other materials on file with the City of Longmont, 15 Colorado, regarding said petition. 16 NOW, THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 17 RESOLVES: 18 Section 1 19 The Longmont City Council hereby finds the annexation petition substantially complies 20 with C.R.S. § 31-12-107(1). 21 Section 2 22 The City Council shall hold a public hearing on the proposed annexation on June 23, 23 2009, at 7:00 p.m. in the City Council Chambers, Civic Center Complex, Longmont, Colorado, CaDocuments and Scum 9,wourkeje5My Documents\\VPDOCS\Planning\nnnexattons\Si Vraln no 5 1st Res.doc 05/08/09 9:18 AM • 1 to determine if the proposed annexation complies with the C.R.S. §§ 31-12-104 and 105, or such 2 parts thereof as may be required to establish eligibility for annexations. 3 Section 3 4 The City Clerk shall publish a notice of hearing once a week for four successive weeks 5 before the hearing in a newspaper of general circulation in the area proposed for annexation. 6 Section 4 7 The resolution shall become effective on approval. 8 9 10 11 12 Passed and adopted this 12th day of May j , 2009. 13 14 15 16 MAYO 17 ATTEST: 18 19 20 21 22 23 APPROVED AS TO FORM: 24 25 26 Section 5 The Council repeals all resolutions or parts of resolutions in conflict with this resolution, but only to the extent of such inconsistency. CITY CLERK 27 DE' UTY CITY ATTORNEY 28 29 30 31 32 33 34 35 36 37 38 39 PROOFREAD APPROVE AS TO FORM AND SUBSTANCE: CA File: 7924 Pr u� DATE 51/4/ d� DATE ch/DIDATE / 2 C.'Documents and Seningswouskejv\My Documents WPDOCS\Plmming,annexarionslgr Vvain no 5 Ist Aa doc 05/08/09 9.18 AM 1 EXHIBIT A 2 St. Vrain Annexation No. 5 3 Legal Description 4 5 A tract of land located in the E1/2 of the SE1/4 of Section 18, T2N, R68W of the 6th P.M., 6 County of Weld, State of Colorado, described as follows: 7 8 COMMENCING at the El/4 Corner of said Section 18, from which the Southeast Corner of said 9 Section 18 bears S00°21'22"E, 2606.90 feet (Basis of Bearing), thence S00°21'22"E, 1303.45 10 feet along the East Line of the E1/2 of the SE1/4 of said Section 18 to the S1/16 Corner common 11 to said Section 18 and Section 17, also being the Corporate Boundary of the City of Longmont 12 (by virtue of the St. Vrain Annexation No. 4) and the TRUE POINT OF BEGINNING; 13 14 Thence S00°21'22"E, 1303.45 feet continuing along the East Line of the E1/2 of the SE1/4 of 15 said Section 18 to the Southeast Corner of said Section 18; 16 17 Thence S87°42'10"W, 1319.85 feet along the South Line of the E1/2 of the SE1/4 of said Section 18 18 to the E1/16 Corner common to said Section 18 and Section 19; 19 20 Thence N00°15'40"W, 1308.91 feet along the West Line of the E1/2 of the SE1/4 of said Section 21 18 to the SE1/1b Corner of said Section 18 and said Corporate Boundary of the City of 22 Longmont; 23 24 Thence N87°56'12"E, 1317.52 feet along said Corporate Boundary of the City of Longmont to 25 the TRUE POINT OF BEGINNING. 26 27 Area = 39.521 acres, more or less. 3 C:\Docmnents and Setiingsaourkejw\My Documents\WPDOCS\Plaming\annexa°ons\St Vrain no 5 1st Res doc 05/08/09 9:I S AM NOTARIZATION OR AFFIDAVIT OF CIRCULATOR The undersigned circulator of the herein Petiti9p certifies each signat9re herein is the person whose name it purports to be. Circulator, STATE OF 664,4 (UID STATE OF COLORADO ) )ss COUNTY OF BOULDER ) Subscribed and sworn to before rre this 1 day of t IuNi My Commission expires Notary Public:) ''IAGJ\-I( Address of Notary: dryiriti urr r -, cu 5c -k1 %\s\. MA0- • s•IOTARy'•. _.- �n*..PUBLIC ;'o NOTE: THE PETITION MUST BE ACCOMPANIED BY AN ANNEXATION MAP CONTAINING Illlity'>'•• • •• ••• ,?..y?,_—': s1 `� OF C0ip,' FOLLOWING INFORMATION: -'1\- 1. A legal description of the boundary of the area proposed to be annexed. 2. The boundary of the area proposed to be annexed, graphically depicted. 3. The location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries of the subdivision plat including lot and block numbers. 4. Next to the boundary of the area proposed to be annexed, a graphic depiction of the contiguous municipal boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 5. A calculation of the total boundary perimeter of the area proposed to be annexed and the boundary perimeter contiguous to the annexing municipality. 6. Existing and proposed zoning of the area proposed to be annexed. Exhibit A A description of the St. Vrain Annexation No. 4 located in the E1/2 of the NE1/4 and the E1/2 of the SE1/4 of Section 18, T2N, R68W of the 6th P.M., County of Weld, State of Colorado. LEGAL DESCRIPTION - ST. VRAIN ANNEXATION NO. 4 A tract of land located in the E1/2 of the NE1/4 and the E1/2 of the SE1/4 of Section 18, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the O/4 Corner of said Section 18, from which the Southeast Corner of said Section 18 bears S00°21'22"E, 2606.90 feet (Basis of Bearing); Thence S00°21'22"E, 30.01 feet along the East Line of the E1/2 of the SE1/4 of said Section 18 to the Southerly Right -of -Way Line of Weld County Road No. 20-1/2; Thence continuing S00°21'22"E, 1273.44 feet along the East Line of the E1/2 of the SE1/4 of said Section 18 to the S1/16 Corner common to said Section 18 and Section 17; Thence 587°56'12"W, 1317.52 feet to the SE1/16 Corner of said Section 18; Thence N00° 15'40"W, 973.71 feet along the West Line of the E1/2 of the SE1/4 of said Section 18 to the Southerly Line of that Tract of land conveyed to Cathy L. Bryarly on June 2, 1997 in Book 1609 at Reception No. 2550811 of the records of Weld County, Colorado; Thence N88°10'18"E, 130.00 feet along the Southerly Line of said Tract described in Book 1609 at Reception No. 2550811 to the Southeast Corner thereof; Thence N00°15'40"W, 305.19 feet along the Easterly Line of said Tract described in Book 1609 at Reception No. 2550811 to the Southerly Right -of -Way Line of said Weld County Road No. 20-1/2; Thence N01 °49'42"W, 60.00 feet perpendicular to the Northerly Right -of -Way Line of said Weld County Road No. 20-1/2 to said Northerly Right -of -Way Line; Thence N88°10'18"E, 241.24 feet along said Northerly Right -of -Way Line to the Corporate Boundary of the City of Longmont (by virtue of the St. Vrain Annexation No. 2, recorded on July 15, 2008 at Reception No. 3566409 of said records of Weld County, Colorado); Thence continuing N88°10'18"E, 945.37 feet along said Corporate Boundary of the City of Longmont and along the Northerly Right -of -Way Line of said Weld County Road No. 20-1/2 to the East Line of the NE1/4 of said Section 18; Thence S00°41'57"E, 30.01 feet along the East Line of the NE1/4 of said Section 18 to the TRUE POINT OF BEGINNING. Area = 39.273 acres, more or less. PETITION TO ANNEX TERRITORY TO -THE CITY OF LONGMONT The undersigned owner(s) of real property, pursuant to Section 31-12-107, C.R.S., Municipal Annexation Act of 1965, petition the Council of the City of Longmont, Colorado, for annexation of certain territory, and state: That the territory generally located at the E1/2 of the SE1/4 of Section 18, T2N, R68W of the 6(h P.M., County of Weld, State of Colorado containing 39.521 acres or less, is more particularly described in the attached legal description. 2. That the petitioning owners represent more than 50 percent of the area described above, excluding public streets and alleys. 3. That Petitioners further allege that: (a) It is desirable and necessary that such area be annexed to the City of Longmont. (b) The requirements of Sections 31-12-104 and 31-12-105, C.R.S. exist or have been met, including: (i) Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Longmont, more specifically the perimeter of the area is 5249.73 feet, of which 1317.52 feet are contiguous to the existing municipal boundary of the City of Longmont. (ii) A community of interest exists between the area proposed to be annexed and the City of Longmont. (iii) Said area is urban or will be urbanized in the near future, and is integrated or capable of being integrated with the City of Longmont. (iv) No land, unless separated by a dedicated public way, held in identical ownership is divided into separate parcels unless the owners of said tract have consented in writing to said annexation. (v) No land or contiguous parcels of land, except as may be situated entirely within the outer boundaries of the City of Longmont, held in identical ownership and comprising 20 acres or more and which, together with improvements, has an assessed valuation in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included in this petition without the written consent of the landowners. (vi) No proceedings for annexation of the area has been commenced for annexation to another municipality. (vii) The annexation of the area would not have the effect of extending the City boundary more than three miles in any one year. (viii) No partial width of any public right-of-way is included in the area proposed to be annexed. i 4. As an express condition of annexation, the owners consent to inclusion into the Northern Colorado Water Conservancy District (District) and the Municipal Subdistrict (Subdistrict), Northern Colorado Water Conservancy District pursuant to Section 37-45-136 (3.6), C.R.S. The owners acknowledge that, upon inclusion into the District and Subdistrict, the owners property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the District and Subdistrict at the time of inclusion of owners land. The owners agree to waive any right to an election which may exist to require an election pursuant to Article X, Section 20 of the Colorado Constitution before the District and Subdistrict can impose such mill levies and special assessments as it has the authority to impose. The owners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20 of the Colorado Constitution. 5. The petitioners below comprise the owners of more than 50% of the territory proposed to be annexed excluding public streets and alleys, and are in fact owners of 100% of the territory proposed to be annexed, except as listed below. Owner Property Legal Description (may be referenced below and attached) Acres Percent of Total Area Proposed for Annexation DJS City Lease Option LLC See Exhibit A attached 39.521 100°/0 Totals 39.521 100 The undersigned request the City of Longmont approve the annexation of the area proposed to be annexed; the undersigned also request the zoning of PUBLIC for the property. Dater Owner Signature Owner Address th) 7ii s & er✓ai sdrr 8 te of asigning must be within 160 days of filing with the City. NOTARIZATION OR AFFIDAVIT OF CIRCULATOR The undersigned circulator of the herein Petition certifies each sigi person whose name it purports to be. STATE OF COLORADO ) )ss COUNTY OF BOULDER ) Subscribed and sworn to befo My Commission ppexpires Notary Public: vJan.r lciz Address of Notary: . $5 'ure therein is the Circulator, STATE OF (f (a JO day of IVI AYK 9 DA/4 or*, Ci) 8(\61)1 al .\ ;E Mg0 ,O ISOTARy'; s- a-.41. PUBLIC: c NOTE: THE PETITION MUST BE ACCOMPANIED BY AN ANNEXATION MAP CONTAINING THE '— FOLLOWING INFORMATION: 1. A legal description of the boundary of the area proposed to be annexed. 2. The boundary of the area proposed to be annexed, graphically depicted. 3. The location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries of the subdivision plat including lot and block numbers. 4, Next to the boundary of the area proposed to be annexed, a graphic depiction of the contiguous municipal boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 5. A calculation of the total boundary perimeter of the area proposed to be annexed and the boundary perimeter contiguous to the annexing municipality. 6. Existing and proposed zoning of the area proposed to be annexed. Exhibit A A description of the St. Vrain Annexation No. 5 located in the [1/2 of the SE1/4 of Section 18, T2N, R68W of the 6th P.M., County of Weld, State of Colorado. LEGAL DESCRIPTION — ST. VRAIN ANNEXATION NO. 5 A tract of land located in the E1/2 of the SE1/4 of Section 18, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the [1/4 Corner of said Section 18, from which the Southeast Corner of said Section 18 bears S00°21'22"E, 2606.90 feet (Basis of Bearing), thence S00°21'22"E, 1303.45 feet along the East Line of the E1/2 of the SE1/4 of said Section 18 to the S1/16 Corner common to said Section 18 and Section 17, also being the Corporate Boundary of the City of Longmont (by virtue of the St. Vrain Annexation No. 4) and the TRUE POINT OF BEGINNING; Thence S00°21'22"E, 1303.45 feet continuing along the East Line of the E1/2 of the SE1/4 of said Section 18 to the Southeast Corner of said Section 18; Thence S87°42'10"W, 1319.85 feet along the South Line of the E1/2 of the SE1/4 of said Section 18 to the E1/16 Corner common to said Section 18 and Section 19; Thence N00°15'40"W, 1308.91 feet along the West Line of the [1/2 of the SE1/4 of said Section 18 to the SE 1/16 Corner of said Section 18 and said Corporate Boundary of the City of Longmont; Thence N87°56'12"E, 1317.52 feet along said Corporate Boundary of the City of Longmont to the TRUE POINT OF BEGINNING. Area = 39.521 acres, more or less. r CITY OF LONGMONT COLORADO ANNEXATION IMPACT REPORT CONCERNING THE St. Vrain Annexations No. 4 and No. 5 In Accordance with Section 31-12-108.5 of the Colorado Revised Statutes Annotated. The City of Longmont is submitting the following annexation impact report to fulfill all such required action for the above named annexation. This impact report specifically analyzes the above annexation and identifies what impact it will have on the City of Longmont and the municipal services that will be provided. This impact report has been completed at least twenty-five days before the date of the Public Hearing established pursuant to Section 31-12-108 of the Colorado Annotated Statutes. Annexation and the City of Longmont State statutes require that any municipality annexing property must provide "urban level services" (i.e. water, wastewater. police, recreation, schools, and other services) to those areas they intend to annex. The City of Longmont recognizes this responsibility and can successfully provide these services to those areas under consideration by the City. The City of Longmont has adopted the Longmont Area Comprehensive Plan (LACP) and Development Regulations that both describe and require future development within the City to meet standards that will provide for the same level of service to these new areas as it is currently being provided within the existing City. St. Vrain Annexations No. 4 and No. 5 The property included in these annexations is to be known as the St. Vrain Annexations No. 4 and No. 5 to the City of Longmont. The property is owned by DJS City Lease Option LLC. The property is being purchased by the City of Longmont under a lease purchase option agreement. The LACP designates this property's land use as Open Space. The property is contiguous to the City of Longmont and the total area of the annexation is approximately 79 acres. City Boundaries § 31-12-108.5 (a) (I) The City's present and proposed boundaries are shown on the maps attached to this Impact Report. The City of Longmont is currently contiguous to this property to the north. The annexation is a serial annexation and will be done in two pieces. The area contiguous to the City of Longmont is in excess of the 116th contiguity requirement. Existing & Proposed Infrastructure § Section 31-12-108.5 (a) (II) A. Storm Drainage The annexation of this property will have no drainage impact at its existing land use. Therefore no drainage improvements are anticipated for this annexation. B. Streets With annexation of this parcel, no additional traffic generation is anticipated beyond historic use and no further roadway development will be generated. No traffic impact studies would therefore be anticipated for these annexations. C. Water/Wastewater This parcel is outside of the Municipal Service Area as well as the Longmont Planning Area therefore, if services are needed, the property will be served by Left Hand Water District and St. Vrain Sanitation District. D. Longmont Power and Communications (LPC) Extension and relocation of LPC facilities shall be completed in accordance to the Rates, Rules and Regulations Governing Electric Service. Transfer of electric service from United Power to Longmont Power will be at the City's discretion. 2 E. Fire Department The area being annexed is within the 5 minute 59 second fire and EMS response time benchmark. The City of Longmont shall provide fire protection services and emergency medical services to all portions of the property as of the effective date of the annexation. Existing and Proposed Land Uses § Section 31-12-108.5 (a) (III) The existing land use for the property to be annexed is agricultural. The property is currently zoned Agricultural in Weld County. Upon Annexation the property will be P - Public. The proposed zoning is in conformance with the proposed LACP designations of Open Space. Preannexation Agreements § Section 31-12-108.5 (b) There will not be an annexation agreement for this property per Land Development Code requirements for City lease -purchase option properties. Site Data § Section 31-12-108.5 (c) The information below sets forth the plans of the municipality for the provision of municipal services to the area proposed to be annexed. The information below is a summary of the existing services being provided to the property within this annexation. This summary identifies those services as they exist today and how they will be provided to this area after the annexation. Included in this summary is a statement of how the City of Longmont will finance this expansion and what the City will require of the property owner upon development of the property. Existing Proposed Zoning Agriculture (A) Public (P) Acreage 79 acres 79 acres Land Use Agricultural Public Service Provided Fire: Mountain View Fire Protection City of Longmont Police: Weld County Sheriff City of Longmont Gas: Xcel Energy Xcel Energy Electric: United Power United Power School: St.Vrain Valley School Dist. St. Vrain Valley School Dist. Wastewater: St. Vrain Sanitation St. Vrain Sanitation Water: Left Hand Water District Left Hand Water District Districts School: St. Vrain Valley School Dist. St. Vrain Valley School Dist. Water: Left Hand Water District Left Hand Water District Library: High Plains Library City of Longmont Fire: Mountain View Fire Protection City of Longmont Transportation NA NA Summary: Upon annexation, the City of Longmont will provide the above isted services to this property. All of the services provided to this parcel are used by the citizens of Longmont and would not change due to this annexation. 3 Financing of Municipal Service Expansion § Section 31-12-108.5 (d) The decision to provide urban services (including the extension of utilities) to the property shall be at the sole discretion of the City. Service extension to the property may come through the approval of a public improvements agreement or through the City's construction of improvements through the Capital Improvement Plan and such decision to extend services will be made according to the policies of the City at the time which include, but are not limited to, the Longmont Municipal Code and the LACP. Existing Districts § Section 31-12-108.5 (e) Listed below are the existing districts serving the property to be annexed: Weld County Board of County Commissioners Weld County Attorney St. Vrain Valley School District St. Vrain Sanitation Northern Colorado Water Conservancy District Left Hand Water District St. Vrain Lefthand Water Conservancy District Mountain View Fire Protection District Longmont Conservation District High Plains Library Longmont Town Anticipated Impacts and Costs to Schools § Section 31-12-108.5 (1) The property to be annexed to the City of Longmont will be required to pay the appropriate fees at time of building permit to the St. Vrain Valley School District. Three -Mile Plan § Section 31-12-105 In compliance with Section 31-12-105 C.R.S. the City of Longmont has reviewed and updated the LACP as necessary within the last 12 months. 4 Hello