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HomeMy WebLinkAbout20093349.tiffc Mead "A Litt r Town With a Big Future" Town of Mead P.O. Box 626 441 Third Street Mead, Colorado 80542-0626 (970) 535-4477 CERTIFIED MAIL # 7008 2810 0001 0395 5690 December 15, 2009 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Request for Comments and Recommendations on the Annexation of Johnny Park Annexation. Gentlemen: Enclosed is a copy of the application, annexation maps and other supporting material for the proposed annexation of the Johnny Park Annexation to the Town of Mead. This property is located in Weld County on approximately 4.78 acres approximately 750 feet north of the intersection of State Highway 66 and 3rd Street (WCR 7). The property is designated for "commercial mixed -use" development in the Town of Mead Comprehensive Plan, March 2009. The property is presently occupied by a rural residence and farm outbuildings. The applicant operates a beauty salon has a home occupation in the residence. The applicant has no plans for immediate changes to the current use of the property, but would develop the property in the future when the surrounding Equinox development (a large commercial mixed -use development) takes place. Adjacent property consists of individual rural lots and agricultural land that has been annexed to the town and is scheduled for future development of residential subdivisions and mixed -use commercial lots. The purpose of this referral is to obtain the comments and recommendations of various governmental agencies and service providers as to the appropriateness of the annexation. Your comments are welcome and will assist the Board of Trustees and Planning Commission in their review of the proposal. We ask that your comments reach us no later than January 15, 2010. We ask that you forward your response directly to Samson, Pipis & Marsh, LLC, c/o Gary West, P.O. Box 1079, Longmont, CO 80502. Thank you for your cooperation and assistance. 'I h tl V S 133x0 L001 Alt -4110J Very truly yours, Charlene Reed Town Clerk 2009-3349 • M TOWN OF MEAD LAND USE CODE FORM D-2 ANNEXATION AND CONCEPTUAL PLAN APPLICATION Applicable Section(s): Copies Required: A. Conceptual Plan Submission Requirements. 1. Applicant's name, address and telephone number: John Silva 303-875-1787 Micah Silva 303-875-1781 14170 County Rd 7 Mead, Co 80542 2. Legal description of the property proposed for the land use change: Lot 1 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW1/4 of Sec.22. T.3N. , R.68W. of the 6µ p,m, Weld County, Colorado Parcel # : 120722000032 3. Proposed land use change located in Mead Performance District No. 1 . 4. Give a brief nonlegal description of the existing land use of the site and of the general character of the use of adjacent lands. The land is being used as a home business. The property just to the east of us is also used as a home business. The rest of the property surrounding us is zoned general commercial / mixed -use/ and high density and is annexed into to the Town of Mead already. 5. Give a brief nonlegal description of the proposed land use change including the number of living units, type of home occupation proposed, the placement of a mobile home, etc. We are purposing to use the land as a Home Business (Beauty Salon), we would now be in compliance with Weld County (by annexing into the town of Mead) and by that, we would permit our at home business through the Town of Mead. In the future, when development starts up around us, we would then be able to compliment the surrounding Development. If the proposed land use change involves the annexation of land, the applicant must submit a petition and supporting documents in the form prescribed by C.R.S. 31-12-101, et seq. In addition, the applicant shall post a bond or other security as required by Section 16-20-40 of the Mead Municipal Code. MEAD_ D-2_FORM_LUC 1113/07 (4:05 pm) Page 1 of 4 6. Provide a sketch plan of the proposed land use change, including a site analysis consisting of a map, plot plan or diagram showing the total acreage, abutting landowners and land uses, streets, highways, utilities that will service the proposed development; and major physical features, including drainage and the location of natural hazards. [Attach maps and sketches as necessary] 7. A master development plan, if the land use change is proposed to be constructed in stages requiring separate reviews and approvals. 8. Provide an elevation drawing of the proposed structure(s) showing height and describing the exterior materials. [Attach drawings as necessary] 9. The fiscal impact analysis, Form D-4. 10. Provide other information that the applicant believes will assist the Planning Commission and the Board of Trustees in making a fair decision. [Attach additional sheets as necessary] I feel that this annexation would benefit the Town of Mead and the Equinox Development that is already a part of Mead for future Development 11. Signature of the Applicant: By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lien holder shall also sign the Application.) Owner A A Vent Date (Z- !f o i2-„)Dcl Applicant: Date: (Attach additional signatures as necessary) STATE OF COLORADO ) SS. COUNTY OF�iSSWQ� ) The foregoing i gtrument was acknowledged before me this iikki _ by 51jv'q, 4 MI r4≤II li1/LL My commission expires: Witness My hand a d official seal. Notary Public day of ith/P14-" 20 4 APPLICANT NOT TO WRITE BELOW THIS LINE****** B. Review Agency Comments. 1. Building Official: 2. Town Engineer: 3. Town Attorney: MEAD_-_D-2_FORM_LUC 1/13/07 (4'.05 pm) Page 2 of 4 4. Other Referrals: C. Further information requested, if any: D. Action by the Planning Commission: 1. The application is complete. Yes G No G 2. The application is for a Major Land Use Change. Yes G No G 3. The requirements of the Mead Land Use Code have been satisfied. Yes G No c 4. If the application is for the annexation of property, has the annexation question been submitted to and approved by the electorate? Yes G No G 5. The application is: G Approved G Disapproved G Approved with the following conditions: a) b) c) (Attach additional conditions as necessary) DONE by the Mead Planning Commission of Mead, Colorado, this day of , 20 . ATTEST: Secretary to the Commission Chairman E. Action by the Board of Trustees. 1. The application is complete. Yes G No c 2. The application is for a Major Land Use Change. Yes G No G 3. The requirements of the Mead Land Use Code have been satisfied. Yes G No G 4. The application is: G approved MEAD__D-2_FORM_LUC 1/13/07(4:05 pm) Page 3 of 4 G disapproved G approved with the following conditions: a) b) c) (attach additional conditions as necessary) DONE by the Mead Board of Trustees of Mead, Colorado, this day of 20 ATTEST: Town Clerk Mayor MEAD__0-2_FORM_LUC 1/13/07 (405 pm) Page 4 of 4 • TOWN OF MEAD LAND USE CODE FORM D-4 (Commercial) FISCAL ANALYSIS (Required for all Preliminary and Final Applications) (for Major Land Use Changes) Applicable Section(s): Copies Required: Applicants name, address and telephone number: John Silva 303-875-1787 and Micah Silva 303-875-1781 14170 County Rd 7 Mead, Co 80542 Name of the Project: Johnny Park General Commercial Use I. REVENUES. A. Recurring Revenues: 1. Property Tax. Market value all single family units [ ](1) x factor [ 7.96 % 1(2) = Assessed Valuation [ NA ] Market value all multi -family units [ ]111 x facto r[ 7.96 % 1(2) = Assessed Valuation [ NA Market value all mobile home units I ]m x factor [ 7.96 % 1(2) = Assessed Valuation [ NA 1 Market value all non-residential structures [ $ ]11) x factor [ 29% 1(2) = Assessed Valuation IS 1 Total Assessed Valuation 1$ 1 Total Assessed Valuation [ $ ] x Town mill levy [ 11.522 mills ] (3) = Town Property Tax Revenue 1$ ] Total Assessed Valuation [ $ ] x St. Vrain School mill levy [ 46.285 mills ](3) = School Property Tax Revenue 1$ 1 Total Assessed Valuation [ $ Ix Mt. View Fire District mill levy [ 11.744 mills ](3) = Fire District Property Tax Revenue 1$ ] Total Assessed Valuation [ $ ] x County mill levy! 16.804 mills ]131= County Property Tax Revenue 1$ Meatl_ _D-0_C_Porm_LUC_ _fteNset_3-10-09 3/10/09 4.31 pm Page 1 of 7 • • Total Assessed Valuation [ $ ] x St. Vrain San. Dist mill levy f 0.806 mills ](3) = St. Vrain San Property Tax Revenue [ $ ] Total Assessed Valuation 1 $ ] x all other mill levies [ 4.454 mills ](f = Other Property Tax Revenue FS 1 Total Property Tax Revenue ($ ] 2. Sales Tax. Population in the development [ ] x the last year's per capita collection f $48.46 1131 = total annual sales tax revenue [ $48.46 ] Estimated gross retail sales within the development ( 1 x 2%(3) = total annual sales tax revenue [ $ 3. Sewer Revenue. Population in the development [ 4 ] x the last year's per capita collection f $ ](3) = total annual sewer revenue 4. Other Revenue (taxes, fees, permits, etc.). Population in the development( 4 ] x the last year's per capita collection f $65.80 1(3) = total other revenue Nonresidential - business licenses, liquor licenses, etc.131 = total annual other revenue TOTAL RECURRING REVENUE B. One -Time Revenues. 1. Building Permits. Market value of structure(s) [ $ In) x factor f .0099375 + $30.00/BP ](3) = building permit revenue [ $ 1 2. Use Taxes. Market value of structure(s) [ 111) x 50% x 2% = use tax revenue 3. Sewer Plant Investment. f$ 1 Total taps x factor [ $7,000.00 ]13) = total PIF 1$ 4. Storm drainage. Number of dwelling units [ 1 I x $131 = residential storm drainage impact fees I NA Square feet of nonresidential development f 20x30 I Meatl_ D-0 C_Form_LUC=_Revised_3-10-09 3/10/09 4:31 pm Page 2 of 7 • x $0.08/ sq.ft. = nonresidential storm drainage impact fees [ $ 1 5. Transportation. Number of dwelling units [ ] x $1,350 = residential transportation impact fees Square feet of nonresidential development [ 1 x $0.37/ sq.ft. = nonresidential transportation impact fees 6. Open Space. Number of dwelling units [ ] x $1,852 = residential open space impact fees Square feet of nonresidential development I x $0.47/ sq.ft. = nonresidential open space impact fees 7. Police Protection. Number of dwelling units [ ] x $50 = residential police protection impact fees Square feet of nonresidential development [ C0 01 / sq.ft. nonresidential x .pv.v = police protection impact fees 8. Municipal Facilities. Number of dwelling units [ ] x $1, 697 = residential municipal facilities impact fees Square feet of nonresidential development [ x $0.43/ sq.ft. = nonresidential municipal facilities impact fees 9. Park System. I NA 1 1$ 1 [ NA 1 1$ 1 [ NA 1 $ [ NA 1 [$ Number of dwelling units [ 1x $462 = residential park system impact fees [ NA 1 10. Recreation Center. Number of dwelling units I ] x $1, 683 = residential recreation center impact fees [ NA ] Mead__D.4_C_Form_LUC=_Revised_&10-09 3/10/09 4:31 pm Page 3 of 7 • S 11. Downtown Revitalization (public facilities). Number of dwelling units [ 1x $304 = residential downtown revitalization impact fees ( NA 1 12. Capital Equipment. Number of dwelling units [ 1x $316 = residential capital equipment impact fees Square feet of nonresidential development ( 1 x $0.09/ sq.ft. = nonresidential capital equipment impact fees TOTAL ONE TIME REVENUE II. EXPENDITURES. A. Recurring Costs. 1. Street Maintenance. Acres in development ( 5 1x 4% x factor [ $2,287.00 ](3) = total street maintenance costs 2. Police Protection. Projected population at full development [ x per capita cost of police protection [ $23.87 i 3> = total police protection costs ($ 1 I NA 1 Square feet of nonresidential development ( 1 x [ Unknown 1(3) = nonresidential police protection costs ( Unknown 1 3. General Government. Projected population at full development[ 1 x per capita cost of general government ( $87.18 ](3) = total general government costs ( NA 1 Square feet of nonresidential development 1 22,080 1 x1 Unknown 1'3) = nonresidential general government costs I Unknown 1 4. Parks and Recreation. Projected population at full development x per capita cost of park maintenance( $10.00 = total park maintenance costs Projected population at full development [ x per capita cost of recreation program [ $0.00 1 i = total recreation program costs 5. Sewer Collection and Treatment. Projected population at full development( 1 Mead_ _D4_C_Por n_LUC= _Revised_3-10-09 3/10/09 4:31 pm ( NA 1 ( NA 1 Page 4 of 7 • • x per capita cost of sewer collection and treatment f $100.20 1(3) = total sewer costs 6. Storm Water and Drainage. Projected population at full development [ 1 x per capita cost of storm water and drainage maintenance [ 1(3) = total storm water costs Square feet of nonresidential development [ 22,080 1 x [ Unknown ](3) = nonresidential storm water costs TOTAL RECURRING COSTS B. One -Time Costs. 1. Park and Recreation. Projected population at full development f 1 x .001 facilities per capita x 5,000 sq.ft. x average cost per sq.ft. for recreation facilities f $65.00 1(3) = total recreation facilities costs 2. Sewer Plant. Projected population at full development f 1 x gallons per capita [ 120 qal. 1(3) x cost per gallon of capacity [ $3.50 1(3) = total cost of sewer plant TOTAL ONE-TIME COSTS TOTAL RECURRING REVENUES TOTAL RECURRING EXPENDITURES DIFFERENCE TOTAL ONE-TIME REVENUES TOTAL ONE-TIME EXPENDITURES DIFFERENCE f NA 1 [ NA 1 [ Unknown 1 1$ 1 [ NA 1 f NA 1 f$ 1 1$ f$ f$ 1 is 1 f$ 1 f$ 1 ************************************************************************ Mead_=D-4_C_Fortn_LUC= Revised_3-10-09 3110/09 4:31 pm Page 5 of 7 • • III. Signature of the Applicant. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner % 7 Date: jc7L I n lb ei Owner: ((� r � Date: / L/ Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO) COUNTY OF b7)) The foregoing instrument was acknowledged before me this 20 O'i by ,,119)vvr SactaL z4J (14)Mil My commission expires: Witness My hand and official seal. day of O•tey -y Page 6 of 7 TOWN OF MEAD LAND USE CODE FORM D-5 AGREEMENT FOR PAYMENT OF REVIEW AND DEVELOPMENT EXPENSES INCURRED BY THE TOWN THIS AGREEMENT, made and entered into this 5th day of November A.D. 20 09 by and between the TOWN OF MEAD, COLORADO, a municipal Corporation, hereinafter referred to as "the Town," and John and Micah Silva , hereinafter referred to as "the Owner/Developer;" WITNESSETH: WHEREAS, the Owner/Developer owns of certain property situated in the County of Weld, State of Colorado, and legally described as follows, to -wit: 25588-C L1 EBERL AGRICULTURAL NIT DIV SITUS Lot 1 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW1/4 of Sec.22. T.3N. , R.68W. of the 6th p,m, Weld County, Colorado WHEREAS, the development process included all aspects of land use including but not limited to annexation, subdivision, change of land use and the installation of public improvements; and WHEREAS, the Owner/Developer desires to develop said property and has made application to the Board of Trustees of the Town of Mead for approval of General Commercial Use ; and WHEREAS, the Parties hereto recognize that the cash deposits and non-refundable land use fees as specified by the Municipal Code of the Town of Mead may not be adequate to fully cover the Town's expenses in considering the referenced application, including, but not limited to, legal publications, planning services, engineering services, attorney fees, consultant fees, reproduction of material, public hearing expenses and recording documents; and WHEREAS, the Parties hereto recognize that the Town will continue to incur expenses throughout the entire development process until final completion of the development project; NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1. FULL AND SEPARATE ACCOUNTING OF REVIEW AND DEVELOPMENT EXPENSES. The Town will maintain separate accounts of all monies collected and expended as a result of the review of the above referenced application throughout the development process. Monthly statements of expenses incurred and the balance remaining in the account will be made available to the Owner/Developer by the Town. Mead_ =0.5_Form_LUC Revised: 1/6/C3 (10:30 pm) Page 1 of 3 EXPENDITURE OF FEES PAID BY THE OWNER/DEVELOPER. The Town shall expend the monies collected from the Owner/Developer in the form of land use fees and cash deposits, in the payment of expenses incurred in processing the Owner/Developer's request, throughout the development process until final completion of the project. Expenses shall include, but not limited to, fees charged to the Town for legal publications, planning services, engineering services, attorney services, consultant services, reproduction of material, public hearing expenses, the securing of permits and easements and the recording of documents. Any cash deposits held by the Town and not expended, will be refunded to the Owner/Developer, without interest, upon completion or termination of the project. 3. PAYMENT OF REVIEW AND OTHER EXPENSES BY THE OWNER/DEVELOPER. In the event that the Town incurs expenses for the review of the Owner/Developer's request, greater than the monies collected from the Owner/Developer in the form of land use fees and cash deposits, the Owner/Developer shall reimburse the Town for the additional expenses and/or replenish the cash deposits to the level specified. Said reimbursement and/or replenishment shall be made within ten (10) days of the Town submitting an invoice for the expenses, or a demand for the replenishment of the cash deposit. Failure by the Owner/Developer to pay within the specified time shall be cause for the Town to cease processing the application, or deny the Owner/Developer of the right to appear before Planning Commission or the Board of Trustees, or deny approval of the application, or withhold the issuance of building permits or certificates of occupancy. APPLICATION TERMINATION. Except where the law or an agreement with the Town provides otherwise, the Owner/Developer may terminate his application at any time by giving written notice to the Town. The Town shall immediately take all reasonable steps necessary to terminate the accrual of costs to the Owner e.g., notify newspapers to cancel publications, etc. The Owner/Developer will continue to be liable for all costs reasonably incurred by the Town to terminate the application. 5. COLLECTION OF FEES AND COSTS. If the Owner/Developer fails to pay the fees required herein when due, the Town may take those steps necessary and authorized by law to collect the fees due. The Town shall also be entitled to all court and attorney's fees, other costs incurred in collection and interest on the amount due at the rate of 18% per annum. 6. PERSONAL GUARANTY. At the option of the Board of Trustees, the Owner/Developer may be required to provide a personal guaranty for the payment of review and other expenses. 7. ORIGINAL COUNTERPARTS. This Agreement may be executed as counterparts, each of which will be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Town and the Owner/Developer have caused this Agreement to be duly executed on the day and year first above written. By this acknowledgment, the undersigned hereby agreed to be bound by the terms and conditions of this agreement. Mead= D-5_Fonn_LUC Revised: 1/6103 (10:30 pm) Page 2 of 3 • • Meatl_ D-5_Fam_LUC Revised_ : 1/6/03 (10:30 pm) (Signature Instructions: Add additional signature lines and notary certificates for each signature.) TOWN OF MEAD OWNER/DEVELOPER John and Micah Silva Corporate name if applicable By By Richard W. Macomber, Mayor ATTEST: By Charlene Reed, Town Clerk STATE OF COLORADO ) )SS. COUNTY OF The foregoing instrument was acknowledged before me this , 20 by as Mayor and of Mead. My commission expires: Witness my hand and official seal. _day of as Town Clerk of the Town Notary Public STATE OF COLORADO ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this it day of 20 D°I by ci9/vn5i lh(LL as a -f/ t[ r. -r- C.l4a col 1 V"!L My commission expires: Witness my hand and official seal. ons. 'rrr, *OWRLY • a` �yN O T'9 1/413-141•.134>'~ Rr'D 6L/O er0B . COLO¢PoO IIIIIUP1U1i,�� 681oI10 Page 3 of 3 r • John and Micah Silva Johnny Park General Commercial Use 14170 County Rd 7 Mead, Co. 80542 November, 2009 Mayor and Board of Trustees Town of Mead c/o Charlene Reed, Town Clerk 441 Third Street Mead, Colorado 80542-0626 RE: Annexation of Johnny Park General commercial Use Honorable Mayor and Trustees, We respectfully request General Commercial use annexation of 5 acres of Lot 1 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW1/4 of Sec.22. T.3N. , R.68W. of the 6m p,m, Weld County, Colorado 25588-C LI EBERL AGRICULTURAL UNIT DIV SITUS: 14170 7 CR WELD into the Town of Mead for the purpose of being able to work out of our home as we have done for the past 5 years. Micah Silva has had a Beauty Salon at this property and has allergies to Salon Chemicals that keeps her from working in a Traditional Salon atmosphere. This annexation would give the Silva Family the right to their lively hood. Sincerely, Silva Micah Silva Snny Park General Commer I Use PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: We,John and Micah Silva , the undersigned landowner(s), in accordance with Colorado law, hereby petition the Town of Mead and its Board of Trustees for annexation to the Town of Mead of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: Lot 1 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW114 of Sec.22. T.3N. , R.68W. of the 6th p,m, Weld County, Colorado As part of this petition, your petitioner further states to the Board of Trustees of Mead, Colorado, that: 1. It is desirable and necessary that the territory described as_lot 1 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW 'a of Sec.22. T. 3N. , R.68W. of the 6th p.m. Weld County, State of Colorado be annexed to the Town of Mead. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, 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 Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. 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 Town of Mead. 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. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, 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. 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 Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one year. Annexation Petition 1/30/207 1 • j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead will have in place a plan for that area, 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 Town of Mead; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory 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 territory to be annexed. The Town of Mead will not deny reasonable access 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 Town of Mead but is not bounded on both sides by the Town of Mead. 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. 4. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared 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 Town of Mead 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, rules and regulations of the Town of Mead, except for general property taxes of the Town of Mead which shall become effective as the January 1 next ensuing. 6. The zoning classification (land use) requested for the area proposed to be annexed is General Commercial use in Performance District 1. WHEREFORE, the following petitioner respectfully requests that the Town of Mead, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner: c. Date: /'L 0 b ei Owner: ! � Date: O-/ // b l Applicant: Date: Annexation Petition 1/30/207 2 (attach additional signatures as necessary) STATE OF COLORADO ) SS. COUNTY OF The for oing instrument was acknowledged before me this 200 ti by J ai- ti Wf.i (AAA '7' f tree My commission expires: Witness My hand and official seal. Mailing Address of both signers: 14170 County Rd 7 Mead, Co. 80542 Landowner/Petitioner Mailing Address 14170 County Rd 7 Mead Co 80542 Annexation Petition 1/30/207 day of 4460vcavr Date Signed Legal Description of Land Owned 3 Lot 1 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW1/4 of Sec.22. T.3N. , R.68W. of the 6th p,m, Weld County, Colorado IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIrTr IANGYDNT • Ogle, 2987174 09/12/2002 0336P Weld County, CO 1 al 2 N 11 00 0 0.00 J.A. "Sall" TMulamoto 174 Recorded the day of s.sytion O acerdr , et o'clock .. QUIT CLAIM DEED TUTS OEie, Node Sts dry of ' .77/ - a Suet THOMAS RICHARD KREBS Granter, far the caaidsnnm of on TEII oatANM At mis C0m AID YALIA=LE C0NSI0ELLTI I `" In had Mid, hereby sells old yitel.lme to JOHN L. SILVA AND MICAH 3. SILVA Grantee, not In omen, but in Gird t test street address Is wACity of 4 A l State of 0010x40 , the follMrg real property in the , Cerny of iin,D ad State of Coloreds, to wit: Ste siWl'eTT W CAC= =RIM also Mom as street end nutter TIMETN® with ell Its appirtenonceo, The singular amber roll include the plural, the Oral the singular. and the use of an Mader !lull be applicable to all Madan. Signed are of the day and Year tint shore uriiten. x®uos 1u®� tent JJ Slate of Colorado may of 2eulcye2 se. 9 The fotgoin➢ i,wtnnb.v rt ..cdedped Won ea this day of 11a1s/- /41, -We 2_ by TIMIS Qlt�itD AIDS a Yitnes q hard ad official seal. Ny ensia.iel moires My Commission Nam Mardi 6, 2006 C2meys i yam.. Notary Public RHONDA C. HERRMAN NOTARY PUBIJC, STATE OF C0Wft DO 1�111111111111111111� it 11111111111111111111 • 047 3025047 011201'2003 10:28A Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk & Recorder QUIT CLAIM DEED THIS DEED, Made this 30TH day of DECEMBER, 2002 between TRORAS R. KREBS of the County of Weld and State of Colorado, grantor,and JOHN L. SILVA and MICAH J. SILVA whose legal address is 14170 WELD COUNTY ROAD 7, MEAD, CO 80542 of the County of Weld and State of Colorado, grantees: WITMRSSETE, That the granter(s) for and in consideration of the run of OHL ARID 00/100, ($1.00) Dollars, the receipt and adfficieacy of which is hereby acknowledged, has remised, released, sold and QUIT CLAII®, and by these presents does gamine, release, sell and QUIT CLAIRE unto the grantees , their heirs, successors and assigns forever, not in tenancy in common, but in joint tenancy, all right, title, interest, claim end demand which the grantor has in and to the real property, together with iaprovasnts, if any, situate, lying and being in the County of weld and State of Colorado, describedas follows, Lot 1, Sheri Agricultural Unit Development, According to the recorded Plat thereof, County of Weld, State of Colorado. also known by street and number as 14170 Weld County Rd., Mead, CO 80542 TO IIAVl AMP TO ROLM the sane, together with all and singular appurtenances and privileges thereto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or to the only use, benefit end beboof of the grantees, their heirs and equity, prsinggul nccl_e _ plural, t ssingla .s. aand the egtea o, any gof any rantor be ed pplilcdeed eble on o teals esd{rsp�forth above. STATE OP COLORADO, County of Weld by THOMAS R. KRESS THOMAS R TRESS J as. The foregoing instrument was acknowledged before me this 30TH day of DEC@4BSR, 2002, GILE' .•c�oTg94` HO. 962. Rev. 04 �� A ( i I. Tip 4� Witness my band and official seal. My capmlesion expires NOTARY PUBLIC 916 1TR9 AVENUE LCEGMONr, COLORADO 80501 Atter Recording Return lo: Affidavit of Interested Land Owners Subject Parcel: 120722000032 THE UNDERSIGNED, state that to the best of their knowledge the attached list is a true and accurate list of the names, address, and corresponding Parcel Identification Numbers assigned by Weld County Assessor of the owners of the property within 300 feet of the property being considered. This list was complies utilizing the record of Weld County Assessor available on the Internet Mapping site, http://www.co.weld.co.us ,a and has not been modified from the original. The list complied from the records of the Weld County Assessor was assembled within 30 days of the application submission date. 177 Silva loil1/0q Date )4[/ 1 Micah Silva Date ners Within 300 ft. of Parcel# 120722000032 NAME MAILING ADDRESS PARCEL IDENTIFICATION # CHANSLER ROBERT C 14116 CR 7 MEAD,CO 80542 120722000047 EQUINOX MEAD LLC 9055 EAST MINERAL CIR STE 100 120722300002 CENTENNIAL,CO 80112 EQUINOX MEAD LLC 9055 EAST MINERAL CIR STE 100 120721400047 CENTENNIAL,CO 80112 LANZ ELIZABETH 14196 CR 7 MEAD,CO 80542 120722000031 MEAD PARTNERS OPERATING CO LLC 1873 BLUE MTN RD LONGMONT,CO 80504 120722000046 SCHMIDT RODNEY J 1873 BLUE MT RD LONGMONT,CO 80504 120722000030 Northern Colorado Water Conservancy District Petition We, at Lot 1 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW1/4 of Sec.22. T.3N. , R.68W. of the 61h p.m, Weld County, Colorado are included in the NCWCD and the Municipal Subdistrict So we do not need to apply • • SPECIAL WARRANTY DEED NON -TRIBUTARY AND NOT NON -TRIBUTARY GROUNDWATER THIS DEED, made this 5 day of November , 2009 , between John and Micah Silva, 14170 Weld County Rd 7 of the County of Weld , State of Colorado, grantor(s} and the Town of Mead, P.O. Box 626, Mead, CO 80542, of the County of Weld, State of Colorado: WITNESSETH, that the grantor(s}, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ha granted, bargained, sold and conveyed, and by these presents do_ grant, bargain, sell, convey, and confirm, unto the grantee and its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the lot I of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW '/ of Sec.22. T. 3N. , R.68W. of the 6th p.m. Weld County, State of Colorado , described as follows: All non -tributary and not non -tributary groundwater as defined by C.R.S. § 37-90-103, whether adjudicated, unadjudicated, permitted or unpermitted, underlying the property described in Exhibit A, attached hereto and incorporated by reference herein. Assessor's schedule or parcel number: 120722000032 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained water rights, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said water rights above bargained and described with the appurtenances, unto the grantee and its successors and assigns forever. The grantor(s), for them selves their heirs and personal representatives or successors, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above -bargained water rights in the quiet and peaceable possession of the grantee, and its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). 1N WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. Signature Signature Date / gi b /D 9' Date /// /per Master_Water_ Rights_ Deed__NOMributory8-13-08 May 18, 2001 (11:55am) 1 • • STATE OF COLORADO ) SS. COUNTY OF &Quie -/ ) The foregoing instrument was acknowledged before me this / •/PA day of / CZI ti , 20 a by 3—alven Sithit a4J m, Gam+ PI/et . My commission expires: Witness My hand and official seal. ���'%mmolinUn ELYS \�eR11.0 " I •NOTE .'4 mOZ /C 9,�yi ry� apflO111"'s140 Wes toflQ Master_Wata_Nights_Deed__NOMnbutay_8-13-8 May 18, 2001 (11.55am) Notary Public 2 •.v..w-v.�v-J.l`v\des-vl�t�V'Nw\\ ZPSO9 O0 'av3n •L 83 OL1►I VAIIS HYMN 0NY NHOr pall 00 0.00) 00 Olive .99 -C -EL .o.ma 10 1/1115 0 1/1115 3Nl LO LUVd ) NOI1VX3NNV )IHVd ANNHOf sus -art —me) xre / 9lso-ma-auto 'sna LCSO9 01011 100 CNV' 4tiI 3n13AY 0W19A I3 NIHON ICCI -ONI `ONIA3AUf1S aNv-1 11IWa31NI [51 90 m 0 a 0 l CERTIFICATE OF OWNERSHIP: z O 0_ N o /� Qzo0 4o zc� d ��o Cj Q -L U MW2cc I . Z z ° O wi° U z3W X0±00 J W� 124 �y dd11 Q O� I� z i F- w wo F- CD o vw)a E'+ AWN 01— LL. O Ct I— CI 0_ Total Proposed Annexation = 1,979.50 L.F. g g�0 � o U ' 2 .2.2g0-°+11 '8 Y� Vp,r W m m° i w p° N °6<go'FmEo3532 C vN-c cZ °^ Z !.: pWoB:.:08'o « aW`OP 8g'Vyi(l m �o�aS��_«11'x0^o0{ p4IiiPLt I'+i . 1415'::.;55._,0 i'OpOtI°O «O IF «°O�0 3ZLLWa �$ P VOI r W r o.N ioDgY Tf . G g �g `-i��Wvpp2_"o`er' [J U —Z --I NDD� 2� 3 J82Dn& o 0 R w `o ru o1 !P t"1'8.; 18 =�0 aeo ., � �.c ��C .P P° °ooi�� UE+8.- D Do P;RE o bo.-e r O ;ill L« osf2iL a$"+g pp m Y Y�j O o p UgG 1"..41h-tNt; T� 4.78± ACRES U S Joon L. Silva 8 .5 m Z69O9 03 'Imayl L 83 96111 1001 °18401!13 I f0000ZZLOZI # lap+Od Iuawd0pna0 pun Iwnllopl,6y I,agj '0 1° I (wo.ea) .oaooc (po..nsovry) ,99'£O£ 0.00.0'.005 M„ 44,L4.00S 0 U1 0 w o N n CD W 8 a 8 .3 n z 0...4.90Mil ML00,CYAOS .\\\ (yaxmo r1) .CL'LBSIM.00.£9.00s os ry to ) ) PARK ANNEXATION >- z z O 7 \\\\\Npainsoory) ,Z8 EO£ (w.=.o) .00..Or 99 99Z E 0 N O O > e, i N C I`N -N 022 oN 9U J Z9.r.i 4.78* ACRES 3„OOS4.00N\\\\\�\ 3.00.CIp0N R R a Z L aim . ....,.�•_• • .aA .a? .. PLANNING COMMISSION SURVEYING CERTIFICATE: 0 « u o E g 5 2g ki a :4521:1' nrLL i hg.p O��m aXyy h Ilia o � D Z s 3- a` 0oo Sa 7Egt;; OD (J :P C Z O^ P« L V pkr EL 0Y -« @II s LS'-o°C°M tl U i't 24 NOS gt1 r �Z _U 0«� 6 Ue.mpan) .SCtOL ..04Lr.205 —•-(paInsoary) ,£g'£0£ .00 .00 (pNnvpvly) .SL'RC9i Cl 10 0 f. 25 E2 8, p 1.00,0..00.1 — — _ 3,.00,£4.OON 3-O0.00.00N '--'4-- L adod uNnoo LI, 109 00 'Io!uuelua3 001 210 '2p+!0 10,2099 Is°.l 6406 I+Dary 'coop, h3 10000010.021 / Iao+od — .001wi O.I L,H.005 (vlva5 .1 I•N) Steven John Stencel, Colo- PLS 30462 V 0 2 O V 0 Lai re re CERTIFICATE OF APPROVAL BY THE BOARD 5 RECORDER'S CERTIFICATE: a Total Acreage N 44 N Proposed Zoning Existing Zoning I,' HN MID MICAH M ad "A Liu c Town With a Big Future" Town of Mead P.O. Box 626 441 Third Street Mead, Colorado 80542-0626 (970) 535-4477 December 31, 2009 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 • CERTIFIED MAIL # 7008 2810 0001 0395 6758 RE: Notice of Public Hearing - Johnny Park Annexation Board of Trustees - 7:00 p.m., Monday, January 25, 2010. Gentlemen: Please be advised that a public hearing before the Mead Board of Trustees has been set to review and consider the annexation of a portion of the Southwest Quarter of the Southwest Quarter of Section 22, Township 3 North, Range 68 West of the 6th P.M., County of Weld. State of Colorado. The property is owned by John Silva and Micah Silva, 14170 County Rd 7, Mead, CO 80542. The property is designated for "commercial mixed -use" development in the Town of Mead Comprehensive Plan, March 2009. The property is presently occupied by a rural residence and farm outbuildings. The applicant operates a beauty salon as a home occupation in the residence. The applicant has no plans for immediate changes to the current use of the property, but would develop the property in the future when the surrounding Equinox development (a large commercial mixed -use development) takes place. Adjacent property consists of individual rural lots and agricultural land that have been annexed to the Town and is scheduled for future development of residential subdivisions and mixed -use commercial lots. In accordance with C.R.S. § 31-12-108 (2), this notice has been sent to the Board of County Commissioners and County Attorney for Weld County, and to each special district or school district having territory within the area to be annexed. Attached is a copy of the published public hearing notice, together with a copy of the adopted resolution of intent to annex and the applicant's petition for annexation. You have previously received copies of the "Letter of Intent- provided with the application, and maps of the property location and a "concept plan" for the development of the property. Copies of the full application, as well as the full- sized maps submitted with the application are available for review in the Mead Town Hall, 441 - 3r`' Street. Mead, Colorado. Written comments may be sent to Dan Dean, Town Manager, Box 626, Mead, CO 80542. Very truly yours, Charlene Reed Town Clerk NOTICE OF PUBLIC HEARING MEAD BOARD OF TRUSTEES JOHNNY PARK ANNEXATION NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Mead has adopted a Resolution of Substantial Compliance initiating annexation proceedings for the "Johnny Park Annexation," said Annexation being more particularly described in the following Resolution No. 32-R-2009. The Board of Trustees of the Town of Mead will hold a Public Hearing commencing at 7:00 p.m., Monday, January 25, 2010, at the Mead Town Hall, 441 - 3rd Street, Mead, Colorado 80542, for the purpose of determining whether the property proposed to be annexed meet the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Mead, and to establish the appropriate land use for the property, if requested. Any person may appear at the Public Hearing and be heard regarding the matters under consideration. Copies of the petition and supporting material submitted to the Town are on file and available for public inspection in the Office of the Town Clerk, at the Mead Town Hall, 441 - 3r° Street, Mead, Colorado 80542. Dated this 15th day of December, 2009. TOWN OF MEAD, COLORADO By: /s/ Charlene Reed Town Clerk TOWN OF MEAD, COLORADO RESOLUTION NO. 32-R-2009 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR CERTAIN PROPERTIES IN WELD COUNTY, COLORADO, TO THE TOWN OF MEAD, SAID ANNEXATION TO BE KNOWN AS THE JOHNNY PARK ANNEXATION. WHEREAS, a written petition together with four (4) prints of an annexation map for the annexation of certain properties have been filed with the Board of Trustees of the Town of Mead by John Silva and Micah Silva, 14170 County Rd 7, Mead, CO 80542; and WHEREAS, the Board of Trustees has reviewed the petition and supporting material; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees desires to adopt by Resolution its findings in regard to the petition; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Mead, Weld County, Colorado, that: Section 1. The petition, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, is accepted and determined to be in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Mead Town Hall, 441 - 3r° Street, Mead, Colorado 80542, at the following time and date: 7:00 p.m., Monday, January 25, 2010. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Mead, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this 14th day of December _, 2009. ATTEST: TOWN OF MEAD By /s/ Charlene Reed By /s/ Richard W. Macomber Charlene Reed, Town Clerk Richard W. Macomber, Mayor EXHIBIT A Johnny Park Annexation Legal Description: That portion of Lot 1, Eberl Agricultural Unit Development, being a portion of the Southwest Quarter of the Southwest Quarter of Section 22, Township 3 North, Range 68 West of the 6`h P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the West line of the Southwest Quarter of said Section 22 as assumed to bear South 00° 43'00" West and with all bearings contained herein and relative thereto; Beginning at the Northwest corner of the Southwest Quarter of said Section 22; thence along the West I:ne of said Southwest Quarter South 00° 43'00" West 1582.12 feet to the Northwest corner of Lot 1, Eberl Agricultural Unit Development; thence departing said West line and along the North line of said Lot 1 South 89° 58'46" East 30.00 feet to a point on the Easterly right of way of County Road 7, said point being the TRUE POINT OF BEGINNING; thence continuing along said North line South 89° 58'46" East 686.22 feet to the Northeast corner of said Lot 1; thence along the East line of said Lot 1 South 00° 47'44" West 303.613 feet to the Southeast corner of said Lot 1; thence along the South line of said Lot 1 North 89° 59'36" West 685.80 feet to a point on the Easterly right of way of County Road 7; thence along said Easterly right of way North 00° 43'00" East 303.82 feet to a point on the North line of said Lot 1 and the TRUE POINT OF BEGINNING. Thus described tract contains 4.78 acres, more or less, together with and subject to all easements and rights -of -way existing and/or of public record. Town of Mead P.O. Box 626 441 Third Street Mead, Colorado 80542-0626 (970) 535-4477 CERTIFIED MAIL # 7008 2810 0001 0395 6451 December 30, 2009 Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Notice of Public Hearing - Johnny Park Annexation Planning Commission - 7:00 P.M., Wednesday, January 20, 2010 Gentlemen: Please be advised that a public hearing before the Mead Planning Commission has been set to review and consider the annexation of a portion of the Southwest Quarter of the Southwest Quarter of Section 22, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. The property is owned by John Silva and Micah Silva, 14170 County Rd. 7, Mead, CO 80542. The property is designated for "commercial mixed -use" development in the Town of Mead Comprehensive Plan. March 2009. The property is presently occupied by a rural residence and farm outbuildings. The applicant operates a beauty salon as a home occupation in the residence. The applicant has no plans for immediate changes to the current use of the property, but would develop the property in the future when the surrounding Equinox development (a large commercial mixed-usc development) takes place. Adjacent property consists of individual rural lots and agricultural land that have been annexed to the Town and is scheduled for future development of residential subdivisions and mixed -use commercial lots. In accordance with C.R.S. § 31-12-108 (2), this notice has been sent to the Board of County Commissioners and County Attorney for Weld County, and to each special district or school district having territory within the area to be annexed. This notice has also been sent to service providers and those holding a franchise with the Town. Attached is a copy of the published public hearing notice, together with a copy of the applicant's petition for annexation and the adopted resolution finding substantial compliance and initiating annexation proceedings. As one of the Town's referral agencies, you have previously received copies of the "Letter of Intent" provided with the application, and maps of the property location. Copies of the full application, as well as the full-sized maps submitted with the application are available for review in the Mead Town Hall, 441 - 3' Street, Mead, Colorado. Written comments may be sent to Dan Dean, Town Manager, Box 626, Mead, CO 80542. Very truly yours, G�c-e Charlene Reed Town Clerk NOTICE OF PUBLIC HEARING MEAD PLANNING COMMISSION JOHNNY PARK ANNEXATION NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Mead has adopted a Resolution of Substantial Compliance initiating annexation proceedings for the "Johnny Park Annexation," said Annexation being more particularly described in the following Resolution No.32-R-2009. The Planning Commission of the Town of Mead will hold a Public Hearing commencing at 7:00 p.m., Wednesday, January 20, 2010, at the Mead Town Hall, 441 - 3rd Street, Mead, Colorado 80542, for the purpose of reviewing the petition and making a recommendation to the Board of Trustees regarding whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Mead, and to recommend the appropriate land use for the property, if requested. Any person may appear at the Public Hearing and be heard regarding the matters under consideration. Copies of the petition and supporting material submitted to the Town are on file and available for public inspection in the Office of the Town Clerk, at the Mead Town Hall, 441 - 3rd Street, Mead, Colorado 80542. Dated this 28th day of December, 2009. TOWN OF MEAD, COLORADO By: /s/Charlene Reed Town Clerk TOWN OF MEAD, COLORADO RESOLUTION NO. 32-R-2009 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR CERTAIN PROPERTIES IN WELD COUNTY, COLORADO, TO THE TOWN OF MEAD, SAID ANNEXATION TO BE KNOWN AS THE JOHNNY PARK ANNEXATION. WHEREAS, a written petition together with four (4) prints of an annexation map for the annexation of certain properties have been filed with the Board of Trustees of the Town of Mead by John Silva and Micah Silva, 14170 County Rd 7, Mead, CO 80542; and WHEREAS, the Board of Trustees has reviewed the petition and supporting material; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees desires to adopt by Resolution its findings in regard to the petition; NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of Mead, Weld County, Colorado, that: Section 1. The petition, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, is accepted and determined to be in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31- 12-105, and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Mead Town Hall, 441 - 3ra Street, Mead, Colorado 80542, at the following time and date: 7:00 p.m., Monday, January 25, 2010. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Page 2 of 4 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Mead, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this 14th day of December 2009. ATTEST: By /s/ Charlene Reed Charlene Reed, Town Clerk Richard W. Macomber, Mayor TOWN OF MEAD By /s/ Richard W. Macomber Page 3 of 4 EXHIBIT A Johnny Park Annexation Legal Description: That portion of Lot 1, Eberl Agricultural Unit Development, being a portion of the Southwest Quarter of the Southwest Quarter of Section 22, Township 3 North, Range 68 West of the 6'° P.M., County of Weld, State of Colorado being more particularly described as follows; Considering the West line of the Southwest Quarter of said Section 22 as assumed to bear South 00° 43'00" West and with all bearings contained herein and relative thereto; Beginning at the Northwest corner of the Southwest Quarter of said Section 22; thence along the West line of said Southwest Quarter South 00° 43'00" West 1582.12 feet to the Northwest corner of Lot 1, Eberl Agricultural Unit Development; thence departing said West line and along the North line of said Lot 1 South 89° 58'46" East 30.00 feet to a point on the Easterly right of way of County Road 7, said point being the TRUE POINT OF BEGINNING; thence continuing along said North line South 89° 58'46" East 686.22 feet to the Northeast corner of said Lot 1; thence along the East line of said Lot 1 South 00° 47'44" West 303.613 feet to the Southeast corner of said Lot 1; thence along the South line of said Lot 1 North 89° 59'36" West 685.80 feet to a point on the Easterly right of way of County Road 7; thence along said Easterly right of way North 00° 43'00" East 303.82 feet to a point on the North line of said Lot 1 and the TRUE POINT OF BEGINNING. Thus described tract contains 4.78 acres, more or less, together with and subject to all easements and rights -of -way existing and/or of public record. Page 4 of 4 Johnny Park General Commercial Use PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO: We,John and Micah Silva , the undersigned landowner(s), in accordance with Colorado law, hereby petition the Town of Mead and its Board of Trustees for annexation to the Town of Mead of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: Lot 2 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW1/4 of Sec.22. T.3N. , R.68W. of the 6th p,m, Weld County, Colorado As part of this petition, your petitioner further states to the Board of Trustees of Mead, Colorado, that: 1. It is desirable and necessary that the territory described as lot 2 of EBERL AGRICULTURAL UNIT DEVELOPMENT, A part of the SW ;a of Sec.22. T. 3N. , R.68W. of the 6th p.m. Weld County, State of Colorado be annexed to the Town of Mead. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, 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 Town of Mead or will be contiguous with the Town of Mead within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Mead. 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 Town of Mead. 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. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, 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. 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 Town of Mead more than three miles in any direction from any point of the boundary of the Town of Mead in any one year. Annexation Petition 1/30/207 1 j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Mead will have in place a plan for that area, 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 Town of Mead; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory 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 territory to be annexed. The Town of Mead will not deny reasonable access 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 Town of Mead but is not bounded on both sides by the Town of Mead. 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. 4. Accompanying this petition are four copies of an annexation map containing the information following: a A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed, said map prepared 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 Town of Mead 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, rules and regulations of the Town of Mead, except for general property taxes of the Town of Mead which shall become effective as the January 1 next ensuing. 6. The zoning classification (land use) requested for the area proposed to be annexed is General Commercial use in Performance District 1. WHEREFORE, the following petitioner respectfully requests that the Town of Mead, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Application.) Owner. Owne Applicant Annexation Petition 1/30/207 2 Date: Date: 1//c,' b G1 Date: // s /0 q • AFFIDAVIT OF CIRCULATOR STATE OF COLORADO COUNTY OF Ii( -.k } ) ss. dill) L` +/ 1 V eL , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Mead, Colorado, consisting of [ ] pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. r i/e-e �fiJcU irculator STATE OF COLORADO ) ) SS. COUNTY OF The foregoing instrument was cknowi)edged before me this day of �rj'eix./ 200_ by 1n My commission expires: a -3c)--2_O 1 / Witness My hand and official seal. Notary My Comm. Expires 3-30-2011 Annexation Petition 1130207 Hello