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Milliken
December 3, 2009
Weld County Commissioners
915 Tenth Street
Greeley CO 80632
Town Hall, 1101 Broad St., Drawer 290 Milliken, CO 80543
(970) 587-4331 Fax: (970) 587-2678
RE: Hoffschneider Annexations #1 and #2
Enclosed are the annexation impact for reports for the Hoffschneider Annexations #1 and #2
into the Town of Milliken. A brief description of the annexations are below:
Hoffschneider Annexation No. 1
Approximately six (6) acres of land located on the northwest corner of the
intersection of CR 23 and CR 36. When the property known as Platte
Trust (aka Platte Sand and Gravel) was annexed into the Town in 2003
this backward 'L' shaped parcel was not included. The owner, Gilcrest
Reservoir, LLC would like to annex this small parcel into the Town of
Milliken in order to subdivide a parcel approximately eight (8) acres in size
that includes a portion of this property and an existing single family
residence.
Hoffschneider Annexation No. 2
A parcel of approximately twelve (12) acres of land surrounded by the
property known as Platte Trust (aka Platte Sand and Gravel) that was
excluded from the original annexation in 2003. The owner, Gilcrest
Reservoir, LLC would like to annex this parcel into the Town as it will be
part of the gravel mining/water storage operation in the future.
The Town of Milliken Board of Trustees approved Resolutions 09-18 and 09-19 accepting the
annexation petition for the Hoffschneider Annexations #1 and #2 on November 12, 2009. The
Town of Milliken Planning Commission and Town Board public hearings will be held on
Wednesday, December 16, 2009 and Wednesday, December 30, 2009, respectively. Attached
are copies of the Resolutions, the annexation petition and the annexation impact report for
review.
If you have any questions or concerns please do not hesitate to contact the Town's Associate
Planner, Karen Bryant, Associate Planner at 970/660-5042 or kbryant@town.milliken.co.us.
Sincerely,
Beatriz Ra?tget Town Co -Clerk
CIA t7I-c)
/ L{ /09
2009-3287
RESOLUTION NO. 09-18
A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF MILLIKEN
INITIATING ANNEXATION PROCEEDINGS FOR THE HOFFSCHNEIDER NO. 1
ANNEXATION.
WHEREAS, the Board of Trustees has reviewed the annexation petition for the +6
acres known as the Hoffschneider Annexation No.1; and
WHEREAS, the Board of Trustees finds the annexation petition to be complete and in
substantial compliance with both the requirements of the Colorado Municipal
Annexation Act of 1965 as amended and Chapter 16, Article 13 of the Milliken Municipal
Code.
NOW THEREFORE BE IT RESOLVED that the Town of Milliken Board of Trustees
hereby approves Resolution 09-18 accepting the annexation petition and initiating
annexation proceedings for the Hoffschneider Annexation No. 1 and sets the public
hearing date for Planning Commission for December 16, 2009 and the Town Board of
Trustees December 30, 2009 to determine if the proposed annexation complies with the
Colorado Municipal Annexation Act of 1965, or such parts thereof as may be required to
establish eligibility for annexation and Section 16-13-30 of the Milliken Municipal Code.
APPROVED AND ADOPTED BY THE TOWN OF MILLIKEN BOARD OF TRUSTEES
THIS 18`h DAY OF NOVEMBER 2009.
ATTEST:
atnz ' a • e Town Co -C erk
RESOLUTION NO. 09-19
A RESOLUTION OF THE BOARD OF TRUSTEES FOR THE TOWN OF MILLIKEN
INITIATING ANNEXATION PROCEEDINGS FOR THE HOFFSCHNEIDER NO. 2
ANNEXATION.
WHEREAS, the Board of Trustees has reviewed the annexation petition for the ±12
acres known as the Hoffschneider Annexation No.2; and
WHEREAS, the Board of Trustees finds the annexation petition to be complete and in
substantial compliance with both the requirements of the Colorado Municipal
Annexation Act of 1965 as amended and Chapter 16, Article 13 of the Milliken Municipal
Code.
NOW THEREFORE BE IT RESOLVED that the Town of Milliken Board of Trustees
hereby approves Resolution 09-19 accepting the annexation petition and initiating
annexation proceedings for the Hoffschneider Annexation No. 2 and sets the public
hearing date for Planning Commission for December 16, 2009 and the Town Board of
Trustees December 30, 2009 to determine if the proposed annexation complies with the
Colorado Municipal Annexation Act of 1965, or such parts thereof as may be required to
establish eligibility for annexation and Section 16-13-30 of the Milliken Municipal Code.
APPROVED AND ADOPTED BY THE TOWN OF MILLIKEN BOARD OF TRUSTEES
THIS 18th DAY OF NOVEMBER 2009.
ATTEST:
TOWN OF MILLIKEN
P.O. BOX 290
MILLIKEN, CO 80543
PETITION FOR HOFFSCHNEIDER ANNEXATIONS #1 and #2
We represent that we are the landowners of 100% of the land described in this Petition, excluding
public streets, alleys, roads and easements, which is legally described on Exhibit "A", and affirm the
following to be true and correct as of October 1, 2009, our petition for annexation is filed with the Town
of Milliken.
CONTIGUITY:
1. The perimeter of the proposed Annexation #1 has a distance of 7,771.52 linear feet of which
3,748.17 linear feet are contiguous to the existing Town Limits of Milliken. This contiguity results
in a minimum of 48% of the perimeter (more than 1/6) of proposed annexation being contiguous to
the Town of Milliken. The proposed Annexation #1 contains approximately 6.13 acres.
2. The perimeter of the proposed Annexation #2 has a distance of 4,249.55 linear feet of which
4,249.55 linear feet are contiguous to the existing Town Limits of Milliken. This contiguity results
in 100% of the perimeter (more than 1/6) of proposed annexation being contiguous to the Town of
Milliken. The proposed Annexation #2 contains approximately 12.62 acres.
3. The requirements of §31-12-104 and §31-12-105 C.R.S., exist or have been met.
4. We further allege:
a. It is desirable and necessary that the territory be annexed to the Town of Milliken.
b. A community of interest exists between the territory and the Town of Milliken.
c. The territory is integrated or capable of being integrated with the Town of Milliken.
d. The territory is urban or will be urbanized in the near future.
e. No land held in identical ownership is divided into separate parcels unless the owner of said
tract has consented in writing or joins in this Petition.
f. No proceedings for annexation of the land described in this Petition have been commenced for
annexation to another municipality.
5. The Petitioners understand that the Town will not be required to furnish water, gas, electric or
sanitary sewer services to the property. Therefore, the Petitioners will not be required to furnish
any_water or water rights to the Town. The Petitioners will agree to record a restrictive covenant
confirming this waiver upon the request of the Town if and when the annexation is approved.
Annexation #1 is a strip of land 70 feet wide and the land in Annexation #2 is planned to ultimately
become part of a water storage reservoir. At such time as development takes place or any utilities
are required on the annexed property, then the owner shall comply with the Town's ordinances in
effect at that time with the respect to the provision of utilities.
Page 1
6. The Petitioners have submitted the petition with the intention that the property will be developed in
accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and
ordinances.
7. The Petitioners are aware that Milliken has enacted fees and policies with the intention that
growth should pay its own way and that growth should improve the health, safety and welfare of
its citizens. Examples of Milliken's include fees for: building, electric, construction meter, plan
review, building permit administration, parks, trails and open space, public facilities infrastructure,
streets, drainage, police facility infrastructure, general administration facility infrastructure, water
administration, water meter, water tap, sewer tap, raw water, and other supplemental fees as
appropriate.
8. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and
file an annexation impact report. The Petitioners will prepare a proposed annexation impact
report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing.
9. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at
no charge to the Town, all easements and rights -of -way for streets and other public ways and for
other public purposes, within the Property as outlined in a Subdivision Improvements Agreement
(approved at the time of final subdivision plat).
10. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town,
all required easements and right-of-way for installation and maintenance of infrastructure related
to the development of the Property.
11. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and
stormwater improvements to serve the Property prior to the issuance of any building permits for all
or any portion of the property in accordance with Town standards. The Petitioners shall make
such other improvements as required by Town ordinances and resolutions, to guarantee
construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any
or all other required improvements. The Petitioners agrees to enter into a subdivision
improvements agreement pertaining to such improvements and other matters at time of final plat.
12. The Petitioners agree that oversizing agreements may exist and that the Petitioners may be
responsible for his/her fair share for oversizing of infrastructure. Likewise, the Petitioners
acknowledge that the Town may require the Petitioners to oversize infrastructure, which would be
reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate
reimbursement of any financial participation by the Petitioners, over and above the proportionate
impact of the development. Such reimbursement shall come from new development directly
connecting to the improvements.
13. The Petitioners agree that future development of the site will comply with any adopted
infrastructure plans including but not limited to transportation, drainage, water, sewer, land use,
parks, trails, open space and comprehensive plans.
14. The Petitioners agree that the design, improvement, construction, development, and use of the
property shall be in conformance with, and that Petitioners shall comply with, all municipal, county,
state and federal statutes, ordinances, rules and regulations.
15. The Petitioners agree that all land use approvals and building permits for the development of the
Property shall be subject to requirements including, but not limited to, the payment of impact fees
and development charges and other land use and development requirements in effect at the time
that such proposed development applies for a building permit.
Page 2
16. The Petitioners understand that the && 1 School District forms an integral part of the Milliken
community. Milliken has enacted fees to support the acquisition of land by this School District.
17. It is understood that the construction of the water storage reservoir on the Property will not be
deemed to be development for purposes of sections 7 and 10-16 of this Petition.
The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties.
Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the
areas described herein.
Date Signed
STATE OF COLORADO
)SS
COUNTY OF WELD
Gilofest Reservoir, LLC
5460 South Quebec Street, Suite 110
Greenwood Village, CO 80111
CIRCULATOR'S AFFIDAVIT
being first duly sworn, upon oath deposes and says that he/she was
the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons
whose names they purport to be.
Signature
Subscribed and sworn to before me this / o .4Mday of No%rnbcr , 2009.
WITNESS my hand and official seal.
My Commission expires: 69/36// 3
Notary Public
Page 3
EXHIBIT A - LEGAL DESCRIPTIONS
Legal Description for Hoffschneider Annexation #1
A Parcel Of Land Located In Lot B, Amended Recorded Exemption No 1029-02-4-AmRE-2229 Rec# 2777861
A Part Of The Southeast Quarter Of Section 2,Township 3 North, Range 67 West, Of The 6th P.M., Town Of Milliken, County
Of Weld, State Of Colorado, Being More Particularly Described As Follows:
Commencing At The Southeast Corner Of Said Section 2, Said Point Is The Point Of Beginning Of The Hoffschneider
Annexation #1;
Thence North 88 5551" West Along The South Line Of The Southeast Quarter Of Said Section 2;
Thence North 3 03'18" West Departing The South Line Of The Southeast Quarter Of Said Section 2 A Distance Of 70.18
Feet;
Thence South 88 5551" East 70 Feet Distant And Parallel To The South Line Of The Southeast Quarter Of Said Section 2 A
Distance Of 1198.36 Feet To A Point That Lies 70 Feet West Of The East Line Of The East Line Of The Southeast Quarter
Of Said Section 2;
Thence North 0 30'27' East 70 Feet Distant And Parallel To The East Line Of The Southeast Quarter Of Said Section 2 A
Distance Of 2549.81 Feet To The North Line Of The Southeast Quarter Of Said Section 2;
Thence South 88 34'46" East Along The North Line Of The Southeast Quarter Of Said Section 2 A Distance Of 70.01 Feet
To The East Line Of The Southeast Quarter Of Said Section 2;
Thence South 0 30'27" West Along The East Line Of The Southeast Quarter Of Said Section 2 A Distance Of 2619.38 Feet
To The Point Of Beginning Of The Hoffschneider Annexation #1. Hoffschneider Annexation #1 Contains 266,890.26 Square
Feet, 6.13 Acres+/-.
Legal Description for Hoffschneider Annexation #2
A Parcel Of Land Located In Lot A, Amended Recorded Exemption No 1029-02-4-AmRE-2229 Rec# 2777861
A Part Of The Southeast Quarter Of Section 2, Township 3 North, Range 67 West, Of The 6th P.M., Town Of Milliken,
County Of Weld, State Of Colorado, Being More Particularly Described As Follows:
Commencing At The East Quarter Corner Of Said Section 2;
Thence North 88 34'46" West Along The North Line Of The Southeast Quarter Of Said Section 2 A Distance Of 701.76 Feet
To The Point Of Beginning Of The Hoffschneider Annexation #2;
Thence South 1 18'04' West Departing The North Line Of The Southeast Quarter of Said Section 2 A Distance Of 725.23
Feet;
Thence North 89 22'16" West A Distance Of 591.95 Feet;
Thence S 30'35" West Along The West Line Of The East One Half Of The Southeast Quarter Of Said Section 2 A Distance
Of 717.27 Feet;
Thence North 89 22'16" West Departing Said West Line A Distance Of 33.53 Feet;
Thence North 3 03'18" West Along The East Line Of An Abandoned Railroad A Distance Of 1455.49 Feet;
Thence South 88 34'46" East Along The North Line Of The Southeast Quarter Of Said Section 2 A Distance Of 726.08 Feet
To The Point Of Beginning Of The Hoffschneider Annexation #2. Hoffschneider Annexation #2 Contains 549,726.99 Square
Feet, 12.62 Acres +/-.
Page 4
ANNEXATION IMPACT REPORT FOR THE HOFFSCHNEIDER ANNEXATION #1
Dear Commissioners:
In accordance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the
annexation impact report for the Hoffschneider Annexation #1 into the Town of Milliken.
The purpose of the Hoffschneider Annexation #1 is to annex the portion of Lot B, Amended Recorded Exemption
Number 1029-02-4-AmRE-2229 into Milliken so that the entire parcel is within the Town limits. For some reason,
when the adjacent property was annexed to Milliken in 2003, a seventy-foot strip along the northern and eastern
property lines was excluded from the annexation. The Hoffschneider Annexation #1 is consistent with the Milliken
Comprehensive Plan Land Use Map, which designates the property as "Zone Conservation District"/Conservation.
Legal Description for Hoffschneider Annexation #1
A Parcel Of Land Located In Lot B, Amended Recorded Exemption No 1029-02-4-AmRE-2229 Rec# 2777861
A Part Of The Southeast Quarter Of Section 2,Township 3 North, Range 67 West, Of The 6th P.M., Town Of Milliken, County Of
Weld, State Of Colorado, Being More Particularly Described As Follows:
Commencing At The Southeast Corner Of Said Section 2, Said Point Is The Point Of Beginning Of The Hoffschneider
Annexation #1;
Thence North 88 5551" West Along The South Line Of The Southeast Quarter Of Said Section 2;
Thence North 3 03'18" West Departing The South Line Of The Southeast Quarter Of Said Section 2 A Distance Of 70.18 Feet;
Thence South 88 5551" East 70 Feet Distant And Parallel To The South Line Of The Southeast Quarter Of Said Section 2 A
Distance Of 1198.36 Feet To A Point That Lies 70 Feet West Of The East Line Of The East Line Of The Southeast Quarter Of
Said Section 2;
Thence North 0 30'27' East 70 Feet Distant And Parallel To The East Line Of The Southeast Quarter Of Said Section 2 A
Distance Of 2549.81 Feet To The North Line Of The Southeast Quarter Of Said Section 2;
Thence South 88 34'46" East Along The North Line Of The Southeast Quarter Of Said Section 2 A Distance Of 70.01 Feet To
The East Line Of The Southeast Quarter Of Said Section 2;
Thence South 0 30'27" West Along The East Line Of The Southeast Quarter Of Said Section 2 A Distance Of 2619.38 Feet To
The Point Of Beginning Of The Hoffschneider Annexation #1.
Hoffschneider Annexation #1 Contains 266,890.26 Square Feet, 6.13 Acres+/-.
Contiguous Boundary = 3748.17 L.F.
Total Boundary = 7771.52 L.F.
Ratio = 1:2.07
The following is a list of the items that the Town is required to address for the Commissioner's benefit.
1. A map or maps of the Town and adjacent territory showing: the present and proposed boundaries of the
Town in the vicinity of the proposed annexation; and the present streets, major trunk water lines, sewer
interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility
lines in the vicinity of the proposed annexation.
Attached, please find Milliken's zoning map, which illustrates the Town's current municipal boundaries and
the present streets and the annexation map showing the proposed changes to the Town's boundaries.
Please note the size and shape of this annexation prevents urban development. Thus, there are no
requirements for municipal infrastructure or impact on the school district.
2. A copy of any draft or final pre -annexation agreement, if available.
Not applicable.
Hoffschneider Annexation #1 — Annexation Impact Report
1
3. A statement of the Town's plans for extending or providing for municipal services within the area to be
annexed.
As mentioned above, this 70' wide annexation will not require municipal services.
4. A statement of the Town's plans for the financing of municipal services within the area to be annexed.
No financing or municipal services are necessary for this 70' wide strip of land.
5. A statement identifying all existing districts within the area to be annexed.
The area to be annexed is included within the following special districts:
Weld County School District, RE -1
Platteville-Gilcrest Fire Protection District
Northern Colorado Water Conservancy District
Central Colorado Water District
Aims Junior College
High Plains Library District
A statement of the effect of the annexation upon the school district governing the area to be annexed, as is
more fully set forth in Section 15-3(d)(7) of this chapter.
The annexation will not impact the school district because the annexation is not large enough to contain any
residences.
Attachments: Annexation Map
Milliken Zoning Map
ANNEXATION IMPACT REPORT FOR THE HOFFSCHNEIDER ANNEXATION #2
Dear Commissioners:
In accordance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the
annexation impact report for the Hoffschneider Annexation #2 into the Town of Milliken.
The purpose of the Hoffschneider Annexation #2 is to annex Lot A, Amended Recorded Exemption Number 1029-02-
4-AmRE-2229 into Milliken so that it is no longer an enclave. The landowners own all of the property that surrounds
this lot and they intend to construct a series of water storage reservoirs, a portion of which will be on this property.
The Hoffschneider Annexation #2 is consistent with the Milliken Comprehensive Plan Land Use Map, which
designates the property as "Zone Conservation District"/Conservation. It is also consistent with Goal C-4: Goal #C-
4: Provide opportunities for the Town's residents to easily access and experience the natural environment for their
health and enjoyment, because ultimately, after the property is mined and reclaimed, residents will be able to walk
around the ponds and "experience the natural environment."
Legal Description for Hoffschneider Annexation #2
A Parcel Of Land Located In Lot A, Amended Recorded Exemption No 1029-02-4-AmRE-2229 Rec# 2777861
A Part Of The Southeast Quarter Of Section 2,Township 3 North, Range 67 West, Of The 6th P.M., Town Of Milliken, County Of
Weld, State Of Colorado, Being More Particularly Described As Follows:
Commencing At The East Quarter Corner Of Said Section 2;
Thence North 88 34'46" West Along The North Line Of The Southeast Quarter Of Said Section 2 A Distance Of 701.76 Feet To
The Point Of Beginning Of The Hoffschneider Annexation #2;
Thence South 1 18'04' West Departing The North Line Of The Southeast Quarter of Said Section 2 A Distance Of 725.23 Feet;
Thence North 89 2216" West A Distance Of 591.95 Feet;
Thence S 30'35" West Along The West Line Of The East One Half Of The Southeast Quarter Of Said Section 2 A Distance Of
717.27 Feet;
Thence North 89 2216" West Departing Said West Line A Distance Of 33.53 Feet;
Thence North 3 03'18" West Along The East Line Of An Abandoned Railroad A Distance Of 1455.49 Feet;
Thence South 88 34'46" East Along The North Line Of The Southeast Quarter Of Said Section 2 A Distance Of 726.08 Feet To
The Point Of Beginning Of The Hoffschneider Annexation #2.
Hoffschneider Annexation #2 Contains 549,726.99 Square Feet, 12.62 Acres +l-.
Contiguous Boundary = 4249.55 L.F.
Total Boundary = 4249.55 L.F.
Ratio = 1 : 1
The following is a list of the items that the Town is required to address for the Commissioner's benefit.
1. A map or maps of the Town and adjacent territory showing: the present and proposed boundaries of the
Town in the vicinity of the proposed annexation; and the present streets, major trunk waterlines, sewer
interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility
lines in the vicinity of the proposed annexation.
Attached please find a copy of Milliken's zoning map, which illustrates the Town's municipal boundaries and
present streets and the annexation map that illustrates how the Town's boundaries will be extended. This
property will ultimately contain a portion of a water storage reservoir, no public water or sewer will be
needed to serve this property (in fact the existing residence will be demolished). Refer to the Concept Plan
for details.
A copy of any draft or final pre -annexation agreement, if available.
Not applicable.
Hoffschneider Annexation #2 -- Annexation Impact Report
1
3. A statement of the Town's plans for extending or providing for municipal services within the area to be
annexed.
This annexation will not require municipal services.
4. A statement of the Town's plans for the financing of municipal services within the area to be annexed.
No financing or municipal services are necessary for this property.
5. A statement identifying all existing districts within the area to be annexed.
The area to be annexed is included within the following special districts:
Weld County School District, RE -1
Platteville-Gilcrest Fire Protection District
Northern Colorado Water Conservancy District
Central Colorado Water District
Aims Junior College
High Plains Library District
6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is
more fully set forth in Section 15-3(d)(7) of this chapter.
The annexation will not impact the school district because the annexation is not large enough to contain any
residences.
Attachments: Annexation Map
Milliken Zoning Map
Concept Plan
Hoffschneider Annexation #2 -- Annexation Impact Report
2
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