The URL can be used to link to this page

Browse Search

Home My WebLink About20070604.tiff 401 LONG,,, Office of the City Clerk 1-4 Civic Center Complex Phone: 303-651-8649 1 Ark „ire 350 Kimbark Street FAX: 303-651-8590 IOW Longmont, Colorado 80501 COrOD.fl R N February 26, 2007 Weld County Board of Commissioners 915 Tenth Street, Post Office Box 758 Greeley, Colorado 80632 Dear County Commissioners: Attached is a notice of public hearing regarding the Union Annexation that will be before the Longmont City Council on March 27, 2007 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: -Notice of Public Hearing -Resolution R-2007-11 -Petition to Annex Territory to the City of Longmont -Impact Report 19(46c.tc 1-6T.4eGtJ O3 —* 0'2-0-7 �( � + w 4a.,.,��'.'� . Fe en 3. ��,��..rm �1,5m �. a w,,.y. 2007-0604 NOTICE OF PUBLIC HEARING CITY OF LONGMONT--CITY COUNCIL March 27, 2007--7:00 P.M. CITY COUNCIL CHAMBERS UNION ANNEXATION RESOLUTION R-2007-11 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, FINDING THAT THE PETITION FOR ANNEXATION OF PARCELS OF LAND LOCATED IN WELD COUNTY, STATE OF COLORADO (KNOWN AS THE UNION ANNEXATION (GENERALLY LOCATED NORTH OF STATE HIGHWAY 119 AND EAST OF WELD COUNTY ROAD 3-1/2) 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 February 13. 2007 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 pans thereof as maybe required to establish eligibility for annexations. Lc. 3 i3 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 February 13, 2007 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 13`h day of February, 2007. /s/Julia Pimack MAYOR ATTEST: /s/Valeria Skitt CITY CLERK APPROVED AS TO FORM /s/James W. Rourke 02/06/2007 DEPUTY CITY ATTORNEY DATE /s/Janet Sorenson 02/06/2007 PROOFREAD DATE APPROVED AS TO FORM AND SUBSTANCE: /s/Phil DelVecchio 02/08/2007 ORIGINATING DEPARTMENT DATE • EXHIBIT A Union Annexation Legal Description A Tract Of Land Situated In Section 5 And Section 8, Township 2 North, Range 68 West And The South Half Of Section 32, Township 3 North, Range 68 West Of The 6th Principal Meridian, County Of Weld, State Of Colorado, Being More Particularly Described As Follows: Commencing At The North One-Quarter Corner Of Section 5 Whence The Northeast Corner Of Section 5 Bears North 89°31'00" East 2,696.54 Feet: Thence North 00°10'27"East 30.00 Feet To A Point On The Northerly Right-Of-Way Line Of Weld County Road 26 And The Point Of Beginning. Thence North 89°31'00" East 2,696.28 Feet; Thence South 00°20'10" East 30.00 Feet To The Northeast Corner Of Section 5; Thence South 01°05'27" West 2,613.54 Feet To The East One- Quarter Corner Of Section 5; Thence Along The North Line Of The Southeast Quarter Of Section 5, North 89°08'40" West 857.17 Feet; Thence South 00°43'11" West 2608.15 Feet To A Point On The Southerly Right-Of-Way Line Of State Highway 119;Thence Along Said Southerly Right-Of-Way Line The Following 4 Courses: 1)Thence North 81°30'58" West 93.12 Feet;2) Thence Along The Arc Of A Curve To The Left (Said Curve Having A Radius Of 5,630.00 Feet, A Central Angle Of 08°54'28", Chord Of Said Arc Bears North 87°50'37" West 874.41 Feet) A Distance Of 875.29 Feet; 3)Thence South 87°42'09"West 857.51 Feet;4)Thence South 87°39'58" West 2,666.15 Feet; Thence Leaving Said Southerly Right-Of-Way Line North 01°20'35" West 139.71 Feet To The Southwest Corner Of Section 5; Thence North 01°05'44"East 40.10 Feet To A Point On The Northerly Right-Of-Way Line Of State Highway 119; Thence Along Said Northerly Right-Of-Way Line The Following 2 Courses: 1) Thence North 87°39'56" East 2,566.80 Feet; 2) Thence North 69°56'56" East 57.77 Feet To A Point On The Westerly Right-Of-Way Line Of Weld County Road 3 1/2 As Shown On The Plat Of Longview P.U.D., Recorded In Book 1541 At Page 620 As Reception Number 2484964 Of Weld County Records;Thence Along Said Westerly Right- Of-Way Line North 00°43'55" East 2,428.28 Feet To A Point On The South Line Of The Northwest Quarter Of Section 5; Thence Along Said South Line South 89°04'01" East 20.00 Feet To A Point Whence The Center Quarter Corner Of Section 5 Bears South 89°04'01" East 30.00 Feet ; Thence Parallel With The East Line Of The Northwest Quarter Of Said Section 5, North 00°43'36" East 1,380.68 Feet To A Point On The Northerly Right-Of-Way Line Of The Great Western Railway; Thence Along Said Northerly Right-Of-Way Line The Following 4 Courses: 1) Thence South 71°34'28" West 514.79 Feet;2)Thence Along The Arc Of A Curve To The Left(Said Curve Having A Radius Of2904.00 Feet,A Central Angle Of 08°20'09",Chord Of Said Arc Bears South 67°24'52" West 422.13 Feet)A Distance Of422.50; 3)Thence South 63°14'52" West 1843.45 Feet;4)Thence Along The Arc Of A Curve To The Right (Said Curve Having A Radius 1310.00feet, A Central Angle Of 05°1920", Chord Of Said Arc Bears South 65°54'32" West 121.64 Feet)A Distance Of 121.69 Feet To A Point On The West Line Of The Northwest Quarter Of Section 5; Thence Along Said West Line North 01'04'47" East 831.73 Feet: Thence North 68°57'51" East 1,252.56 Feet: Thence North 27°20'44" East 1,190.29 Feet To A Point On The Southerly Right-Of-Way Line Of Weld County Road 26; Thence Along Said Southerly Right-Of-Way Line South 89°41'22"West 711.50 Feet; Thence North 36°31'56" East 37.49 Feet To A Point On The North Line Of The Northwest Quarter Of Section 5; Thence Along Said North Line North 89°41'22"East 15.43 Feet; Thence North 49°51'56"East 46.84 Feet To A Point On The Northerly Right-Of-Way Line Of Weld County Road 26; Thence Along Said Northerly Right-Of-Way Line North 89°41'22" East 1,586.69 Feet To The Point Of Beginning. Excepting Therefrom The Following Two Tracts Of Land: 1) That Portion Of The Northwest Quarter Of Said Section 5, And 2) That Portion Of The Northeast Quarter Of Said Section 5 Described By Deed Recorded June 12, 1906 In Book 241 At Pages 392 And 393 Of Weld County Records Being More Particularly Described As Follows: 1) Beginning At The Point Of Intersection Of The Southerly Right-Of-Way Line Of Weld County Road 26 And The Westerly Right-Of-Way Line Of Weld County Road 3 1/2 Whence The North One-Quarter Corner Of Section 5 Bears North 45°12'29" East 42.82 Feet; Thence Along Said Westerly Right-Of-Way Line South 00°43'36" West 103.92 Feet; Thence South 52°23'30" West 141.94 Feet; Thence South 71°27'35"West 93.45 Feet; Thence South 79°06'16" West 173.06 Feet; Thence North 88°41'43" West 134.80 Feet; Thence North 63°35'24" West 111.77 Feet; Thence North 38°40'00" West 57.32 Feet; Thence North 06°35'40" West 42.71 Feet; Thence North 16°04'00"East 114.11 Feet To A Point On The Southerly Right-Of-Way Line Of Weld County Road 26; Thence Along Said Southerly Right-Of-Way Line North 89°41'22" East 616.32 Feet To The Point Of Beginning. 2) Beginning At The Point Of Intersection Of The Northerly Right-Of-Way Line Of The Great Western Railway And The Easterly Right-Of-Way Line Of Weld County Road 3 1/2 Whence The North One-Quarter Corner Of Section 5 Bears North 06°46'08" West 1,149.37 Feet; Thence Along Said Northerly Right-Of-Way Line North 71°35'57"East 1,704.79 Feet; Thence Along The Arc Of A Curve To The Left (Said Curve Having A Radius Of 1,398.11, A Central Angle Of 40°20'46", Chord Of Said Arc Bears North 51°25'34" East 964.30 Feet)A Distance Of 984.51 Feet To A Point On The Southerly Right-Of-Way Line Of Weld County Road 26; Thence Along Said Southerly Right-Of-Way Line North 89°31'00" East 93.11 Feet To A Point On The Southeasterly Right-Of- Way Line Of The Great Western Railway; Thence Along Said Southeasterly Right-Of-Way Line Along The Arc Of A Curve To The Right(Said Curve Having A Radius Of 1,478.11 Feet,A Central Angle Of 42°14'42", Chord Of Said Arc Bears South 50°28'36" West 1,065.31 Feet)A Distance Of 1,089.83 Feet; Thence South 71°35'57" West 1,732.54 Feet To A Point On The Easterly Right-Of- Way Line Of Weld County Road 3 1/2; Thence Along Said Easterly Right-Of Way Line North 00°43'36" East 84.68 Feet To The Point Of Beginning. The Gross Area Of The Above Described Tract Of Land Is 348.356 Acres More Or Less. The Gross Area Of Exception 1 Is 3.113 Acres More Or Less. The Gross Area Of Exception 2 Is 5.061 Acres More Or Less. The Net Area Of The Above Described Tract Of Land Is 340.182 Acres More Or Less. CA File: 5895 Publish in the Daily Times Call, Longmont, Colorado, February 23, March 2, March 9, and March 16, 2007. 1 RESOLUTION R-2007-11 2 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 3 FINDING THAT THE PETITION FOR ANNEXATION OF CERTAIN PARCELS OF LAND 4 LOCATED IN WELD COUNTY, STALE OF COLORADO KNOWN AS THE UNION 5 ANNEXATION (GENERALLY LOCATED NORTH OF STATE HIGHWAY 119 AND EAST 6 OF WELD COUNTY ROAD 3 1/2) SUBSTANTIALLY COMPLIES WITH THE COLORADO 7 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. 31-12-107O). 21 Section 2 22 The City Council shall hold a public hearing on the proposed annexation on March 27, 23 2007 at 7:00 p.m. in the City Council Chambers, Civic Center Complex, Longmont, Colorado, to C:\Dncumca's and Scningr\rourkcjw\MY Uocumcnke\W I'IN]CS\PlanuingWnncxminnx\Uninn Annex La Rus&,c 111/IINW 11:19 AM 1 determine if the proposed annexation complies with the C.R.S. 31-12-104 and 105, or such parts 2 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 adoption. 8 Section 5 9 The Council repeals all resolutions or parts of resolutions in conflict with this resolution, 10 but only to the extent of such inconsistency. 11 Passed and adopted this /3 I ` day of r i L z t-1-afe �/ 2gp7. 12 / 13 14 15 MAYOR 16 A1'1'hST: 17 18 X t S 19 \WDJ 20 CITY CLERK :.I 21 ..:.. 22 APPROVED AS TO FORM •.� - �j 234 �� / 25 �� v -- ',AA 7 26 DE TY CITY A QORNEY DATE 27 28 ��Ill ��1!�.b� �� a-10-EY7 29 PRO•% ' AD DATE 30 31 APPROVED AS TO FORM AND SUBSTANCE: 32 1 33 � ar VICr1. j62 ( � 2_ -8 -0) 34 35 ORIGINATING DEPARTMENT DATE 36 ca file: 5895 2 C:\Documents and Scnings\rourkejw\My Documents\W PDUCS\I'Wnninglinnexations\Union Annex Its Res doe 112/116/07 11:19 AM 1 EXHIBIT A 2 Union Annexation 3 Legal Description 4 5 A Tract Of Land Situated hi Section 5 And Section 8, Township 2 North, Range 68 West And 6 The South Half Of Section 32, Township 3 North, Range 68 West Of The 6th Principal 7 Meridian, County Of Weld, State Of Colorado, Being More Particularly Described As Follows: 8 9 Commencing At The North One-Quarter Corner Of Section 5 Whence The Northeast Corner Of 10 Section 5 Bears North 89°31'00" East 2,696.54 Feet; Thence North 00°10'27" East 30.00 Feet 11 To A Point On The Northerly Right-Of-Way Line Of Weld County Road 26 And The Point Of 12 Beginning. 13 14 Thence North 89°31'00" East 2,696.28 Feet; Thence South 00°20'10" East 30.00 Feet To The 15 Northeast Corner Of Section 5; Thence South 01°05'27" West 2,613.54 Feet To The East One- 16 Quarter Corner Of Section 5; Thence Along The North Line Of The Southeast Quarter Of 17 Section 5, North 89°08'40" West 857.17 Feet; Thence South 00°43'11" West 2608.15 Feet To A 18 Point On The Southerly Right-Of-Way Line Of State Highway 119; Thence Along Said 19 Southerly Right-Of-Way Line The Following 4 Courses: 1) Thence North 81°30'58" West 93.12 20 Feet; 2) Thence Along The Arc Of A Curve To The Left (Said Curve Having A Radius Of 21 5,630.00 Feet, 22 A Central Angle Of 08°54'28", Chord Of Said Arc Bears North 87°50'37" West 874.41 Feet) A 23 Distance Of 875.29 Feet; 3) Thence South 87°42'09" West 857.51 Feet; 4) Thence South 24 87°39'58" West 2,666.15 Feet; Thence Leaving Said Southerly Right-Of-Way Line North 25 01°20'35" West 139.71 Feet To The Southwest Corner Of Section 5; Thence North 01°05'44" 26 East 40.10 Feet To A Point On The Northerly Right-Of-Way Line Of State Highway 119; 27 Thence Along Said Northerly Right-Of-Way Line The Following 2 Courses: 1) Thence North 28 87°39'56" East 2,566.80 Feet; 2) Thence North 69°56'56" East 57.77 Feet To A Point On The 29 Westerly Right-Of-Way Line Of Weld County Road 3 1/2 As Shown On The Plat Of Longview 30 P.U.D., Recorded In Book 1541 At Page 620 As Reception Number 2484964 Of Weld County 31 Records; Thence Along Said Westerly Right-Of-Way Line North 00°43'55" East 2,428.28 Feet 32 To A Point On The South Line Of The Northwest Quarter Of Section 5; Thence Along Said 33 South Line South 89°04'01" East 20.00 Feet To A Point Whence The Center Quarter Corner Of 34 Section 5 Bears South 89°04'01" East 30.00 Feet ; Thence Parallel With The East Line Of The 35 Northwest Quarter Of Said Section 5, North 00°43'36" East 1,380.68 Feet To A Point On The 36 Northerly Right-Of-Way Line Of The Great Western Railway; Thence Along Said Northerly 37 Right-Of-Way Line The Following 4 Courses: 1) Thence South 71°34'28" West 514.79 Feet; 2) 38 Thence Along The Arc Of A Curve To The Left (Said Curve Having A Radius Of 2904.00 Feet, 39 A Central Angle Of 08°20'09", Chord Of Said Arc Bears South 67°24'52" West 422.13 Feet) A 40 Distance Of 422.50; 3) Thence South 63°14'52" West 1843.45 Feet; 4) Thence Along The Arc 41 Of A Curve To The Right (Said Curve Having A Radius 1310.00feet, A Central Angle Of 42 05°19'20", 43 Chord Of Said Arc Bears South 65°54'32" West 121.64 Feet) A Distance Of 121.69 Feet To A 44 Point On The West Line Of The Northwest Quarter Of Section 5; Thence Along Said West Line 45 North 01°04'47" East 831.73 Feet; Thence North 68°57'51" East 1,252.56 Feet; Thence North 46 27°20'44" East 1,190.29 Feet To A Point On The Southerly Right-Of-Way Line Of Weld County 3 C:\IAxumcnln and Smlingstrourkclw\My Iknvmcnu\WI'UOCS\I'Iunning\umlcxmions\Union Annex Ixt Res doe 11Jllfipp 11:19 AM 1 Road 26; Thence Along Said Southerly Right-Of-Way Line South 89°41'22" West 711.50 Feet; 2 Thence North 36°31'56" East 37.49 Feet To A Point On The North Line Of The Northwest 3 Quarter Of Section 5; Thence Along Said North Line North 89°41'22" East 15.43 Feet; Thence 4 North 49°51'56" East 46.84 Feet To A Point On The Northerly Right-Of-Way Line Of Weld 5 County Road 26; Thence Along Said Northerly Right-Of-Way Line North 89°41'22" East 6 1,586.69 Feet To The Point Of Beginning. 7 8 Excepting Therefrom The Following Two Tracts Of Land: I) That Portion Of The Northwest 9 Quarter Of Said Section 5, And 2) That Portion Of The Northeast Quarter Of Said Section 5 10 Described By Deed Recorded June 12, 1906 In Book 241 At Pages 392 And 393 Of Weld 11 County Records Being More Particularly Described As Follows: 12 13 1) Beginning At The Point Of Intersection Of The Southerly Right-Of-Way Line Of Weld 14 County Road 26 And The Westerly Right-Of-Way Line Of Weld County Road 3 1/2 Whence 15 The North One-Quarter Corner Of Section 5 Bears North 45°12'29" East 42.82 Feet; Thence 16 Along Said Westerly Right-Of-Way Line South 00°43'36" West 103.92 Feet; Thence South 17 52°23'30" West 141.94 Feet; Thence South 71°27'35" West 93.45 Feet; Thence South 79°06'16" 18 West 173.06 Feet; Thence North 88°41'43" West 134.80 Feet; Thence North 63°35'24" West 19 111.77 Feet; Thence North 38°40'00" West 57.32 Feet; Thence North 06°35'40" West 42.71 20 Feet; Thence North 16°04'00" East 114.11 Feet To A Point On The Southerly Right-Of-Way 21 Line Of Weld County Road 26; Thence Along Said Southerly Right-Of-Way Line North 22 89°41'22" East 616.32 Feet To The Point Of Beginning. 23 24 2) Beginning At The Point Of Intersection Of The Northerly Right-Of-Way Line Of The Great 25 Western Railway And The Easterly Right-Of-Way Line Of Weld County Road 3 1/2 Whence 26 The North One-Quarter Corner Of Section 5 Bears North 06°46'08" West 1,149.37 Feet; Thence 27 Along Said Northerly Right-Of-Way Line North 71°35'57" East 1,704.79 Feet; Thence Along 28 The Arc Of A Curve To The Left (Said Curve Having A Radius Of 1,398.11, A Central Angle 29 Of 40°20'46", Chord Of Said Arc Bears North 51°25'34" East 964.30 Feet) A Distance Of 984.51 30 Feet To A Point On The Southerly Right-Of-Way Line Of Weld County Road 26; Thence Along 31 Said Southerly Right-Of-Way Line North 89°31'00" East 93.11 Feet To A Point On The 32 Southeasterly Right-Of-Way Line Of The Great Western Railway; Thence Along Said 33 Southeasterly Right-Of-Way Line Along The Arc Of A Curve To The Right (Said Curve Having 34 A Radius Of 1,478.11 Feet, A Central Angle Of 42°14'42", Chord Of Said Arc Bears South 35 50°28'36" West 1,065.31 Feet) A Distance Of 1,089.83 Feet; Thence South 71°35'57" West 36 1,732.54 Feet To A Point On The Easterly Right-Of-Way Line Of Weld County Road 3 1/2; 37 Thence Along Said Easterly Right-Of Way Line North 00°43'36" East 84.68 Feet To The Point 38 Of Beginning. 39 40 The Gross Area Of The Above Described Tract Of Land Is 348.356 Acres More Or Less. 41 42 The Gross Area Of Exception 1 Is 3.113 Acres More Or Less. 43 44 The Gross Area Of Exception 2 Is 5.061 Acres More Or Less. 45 46 The Net Area Of The Above Described Tract Of Land Is 340.182 Acres More Or Less. 4 CADrwumems and Se"inge\rourkejw\My D,Kuments\W I'l)OCSNIunningWnm:xmiuns\0nion An, x Is1 RcuMc 117/11N117 11:19 AM PETITION TO ANNEX TERRITORY TO THE CITY OF LONGMONT (Union) The undersigned owner of real property ("Petitioner"), pursuant to Section 31-12-107, C.R.S., Municipal Annexation Act of 1965 (as amended and in effect on the submission date set forth below, "Annexation Act"), hereby petitions ("Petition") the City Council of the City of Longmont, Colorado ("Council") for annexation to the City of Longmont ("City") of certain unincorporated territory located in the County of Weld, State of Colorado, as more particularly described in Exhibit A attached hereto and incorporated herein by reference("Property"). In support of this Petition,Petitioner states that: 1. It is desirable and necessary that the Property be annexed to the City. 2. Petitioner comprises the owner of one hundred percent (100%) of the Property within the meaning of Section 31-12-107 of the Annexation Act and, as such, comprises more than fifty percent (50%) of the landowners in the Property, excluding public streets, alleys and any land owned by the City, and Petitioner hereby consents to establishment of the boundaries of the Property as shown on the annexation maps submitted with this Petition. 3. The requirements of Sections 31-12-104 and 31-12-105 of the Annexation Act. exist or have been met, in that: (a) Not less than one-sixth of the perimeter of the Property is contiguous with the City's current municipal boundary. More specifically,the perimeter of the Property is 35,784 feet,of which 6,601 feet are contiguous to the City's existing municipal boundary. (b) A community of interest exists between the Property and the City. (c) The Property is urban or will be urbanized in the near future, and is integrated or capable of being integrated with the City. (d) In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (i) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street,road or other public way; or (ii) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. (e) The Property is not presently a part of any incorporated city, city and county, or town, nor have any proceedings been commenced for incorporation or annexation of any area that is part or all of the Property, nor has any election for annexation of the Property or substantially the same territory to the City been held within the twelve(12)months immediately preceding the filing of this Petition. 697618.2 (0 The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. (g) Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not have the effect of extending the municipal boundary of the City more than three (3) miles in any direction from any point of the current municipal boundary in any one year. (h) If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property, and no partial width of any public right-of-way is included in the area proposed to be annexed. (1) The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the City but is not bounded on both sides by the City. 4. The legal description of the land owned by Petitioner is set forth underneath the name of Petitioner on Exhibit B attached hereto and incorporated herein by this reference. As more particularly described on Exhibit B, the land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of Section 31-12-107(1)(g)of the Annexation Act. 5. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 6. This Petition is accompanied by four prints of an annexation map containing, among other things,the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundaries of the Property; (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;and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 7. In connection with the processing of this Petition,Petitioner requests that the City: (a) Institute zoning and subdivision approval processes for the Property in accordance with Section 31-12-115 of the Annexation Act and relevant provisions of the Municipal Code of the City; and (b) Approve and execute, in a form reasonably satisfactory to Petitioner and City Council: (i) an annexation agreement ("Annexation Agreement"), and (ii) a vesting and development agreement ("Development Agreement") which establishes vested property rights for the Property for an agreed upon term greater than three years pursuant to Article 68, Title 24, C.R.S., and otherwise establishes the development plan for the Property. • 697618.2 2 8. Petitioners has filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, City Council: (i) approves zoning and subdivision for the Property which is substantially consistent with the applications for zoning and subdivision that Petitioner will submit in connection with this Petition following the City making the required finding of this Petition's substantial compliance with the requirements of the Annexation Act; and (ii) approves and authorizes execution of the Annexation Agreement and the Development Agreement. (b) Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition, upon a failure of the condition set forth in the foregoing subparagraph (a) or the filing of a legal challenge to any of the approvals described in the following items (i) and (ii), by so notifying the City Clerk in writing at any point prior to the later to occur of: (i) forty (40) days after the latest effective date of the final ordinance(s) or resolution(s) approving annexation of the Property, the Annexation Agreement,the Development Agreement, zoning of the Property, or subdivision of the Property as requested pursuant to this Petition; or (ii) any later date contemplated in the Annexation Agreement or Development Agreement. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner having withdrawn the Petition, neither Petitioner nor the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section 31- 12-113(2)(6) of the Annexation Act, it being Petitioner's intent that the annexation shall not become legally effective unless and until each of the ordinances and resolutions referenced in the foregoing subparagraph (b) have become effective after publication following final approval as provided by law and recordation of those instruments required pursuant to Section 31-12-113(2)(b)of the Annexation Act has occurred. 9. Upon annexation of the Property becoming effective as contemplated in the foregoing subparagraph 7(c), and subject to the conditions set forth in this Petition and to be set forth in the Annexation Agreement and/or the Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the City, except as otherwise set forth in the Annexation Agreement and/or Development Agreement, and except for general property taxes of the City, which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 10. As an express condition of annexation, Petitioner consents to inclusion of the Property 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. Petitioner acknowledges that, upon inclusion into the District and Subdistrict, the 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 Property. Petitioner agrees 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. Petitioner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20 of the Colorado Constitution. 11. Except for the terms and conditions of this Petition and those of the Annexation Agreement and the Development Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section 31-12- 6975112 3 107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the City. [Signature Page and Exhibits Follow This Page] 69'1618.2 4 THEREFORE, Petitioner requests that the City Council of the City of Longmont, Colorado, complete and approve annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended and in effect on the submittal date set forth below. Respectfully submitted this i 5 day of September, 2006 Signature of Landowner/Petitioner (Date of signing must be within 180 days of filing with the City): LIFEBRIDGE CHRISTIAN CHURCH, a Colorado nonprofit corporation By: v 7 ,4_ N e: 1Z,V. a-tn) Title: A.A-t a S Date of Signature:September f 7i,2006 Mailing Address: 10345 Ute Highway Longmont, CO 80504 Attn: rJiN K�il� Resident of the Property? NO 6976183 5 EXHIBIT A TO PETITION FOR ANNEXATION (Union PUD) Legal Description of the Property A TRACT OF LAND SITUATED IN SECTION 5 AND SECTION 8,TOWNSHIP 2 NORTH, RANGE 68 WEST AND THE SOUTH HALF OF SECTION 32,TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST CORNER OF SECTION 5 BEARS NORTH 89°31'00" EAST 2,696.54 FEET; THENCE NORTH 00°10'27" EAST 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE POINT OF BEGINNING. THENCE NORTH 89°31'00" EAST 2,696.28 FEET; THENCE SOUTH 00°20'10" EAST 30.00 FEET TO THE NORTHEAST CORNER OF SECTION 5; THENCE SOUTH 01°0527" WEST 2,613.54 FEET TO THE EAST ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5,NORTH 89°08'40" WEST 857.17 FEET; THENCE SOUTH 00°43'11" WEST 2608.15 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING 4 COURSES: 1)THENCE NORTH 81°3038" WEST 93.12 FEET; 2)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 5,630.00 FEET, A CENTRAL ANGLE OF 083428",CHORD OF SAID ARC BEARS NORTH 87°50'37" WEST 874.41 FEET)A DISTANCE OF 875.29 FEET; 3)THENCE SOUTH 87°42'09" WEST 857.51 FEET;4) THENCE SOUTH 87°39'58" WEST 2,666.15 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT- OF-WAY LINE NORTH O1°20'35" WEST 139.71 FEET TO THE SOUTHWEST CORNER OF SECTION 5; THENCE NORTH 01'05'44" EAST 40.10 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTHERLY RIGHT- OF-WAY LINE THE FOLLOWING 2 COURSES: 1) THENCE NORTH 87°39'56" EAST 2,566.80 FEET;2)THENCE NORTH 69°56'56" EAST 57.77 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 AS SHOWN ON THE PLAT OF LONGVIEW P.U.D., RECORDED IN BOOK 1541 AT PAGE 620 AS RECEPTION NUMBER 2484964 OF WELD COUNTY RECORDS;THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE NORTH 00°43'55" EAST 2,428.28 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID SOUTH LINE SOUTH 89°04'01" EAST 20.00 FEET TO A POINT WHENCE THE CENTER QUARTER CORNER OF SECTION 5 BEARS SOUTH 89'04'01" EAST 30.00 FEET; THENCE PARALLEL WITH THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION S, NORTH 00°43'36"EAST 1,380.68 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILWAY;THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLWING 4 COURSES: 1)THENCE SOUTH 71°34'28" WEST 514.79 FEET;2)THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 2904.00 FEET,A CENTRAL ANGLE OF 08°20'09",CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET)A DISTANCE OF 422.50;3)THENCE SOUTH 63°14'52" WEST 1843.45 FEET;4)THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS 1310.00FEET, A CENTRAL ANGLE OF 05°19'20", CHORD OF SAID ARC BEARS SOUTH 65°54'32" WEST 121.64 FEET)A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01°04'47" EAST 831.73 FEET; THENCE NORTH 68°57'51" EAST 1,252.56 FEET; THENCE NORTH 27°20'44" EAST 1,190.29 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE SOUTH 89°41'22" WEST 711.50 FEET; THENCE NORTH 36°31'56" EAST 37.49 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89°41'22" EAST 15.43 FEET; THENCE NORTH 49°51'56" EAST 46.84 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- 11/22/06 • WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID NORTHERLY RIGHT-OF- WAY LINE NORTH 89°4]'22" EAST 1,586.69 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING TWO TRACTS OF LAND: I)THAT PORTION OF THE NORTHWEST QUARTER OF SAID SECTION 5,AND 2)THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOK 241 AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I) BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26 AND THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE-QUARTER CORNER OF SECTION 5 BEARS NORTH 45°12'29" EAST 42.82 FEET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 00°43'36" WEST 103.92 FEET; THENCE SOUTH 52°23'30" WEST 141.94 FEET; THENCE SOUTH 71°27'35" WEST 93.45 FEET; THENCE SOUTH 79°06'16" WEST 173.06 FEET; THENCE NORTH 88°41'43" WEST 134.80 FEET; THENCE NORTH 63°35'24" WEST 111.77 FEET; THENCE NORTH 38°40'00" WEST 57.32 FEET; THENCE NORTH 06°35'40" WEST 42.71 FEET; THENCE NORTH 16°04'00" EAST 114.1 I FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°41'22" EAST 616.32 FEET TO THE POINT OF BEGINNING. 2)BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILWAY AND THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2 WHENCE THE NORTH ONE-QUARTER CORNER OF SECTION 5 BEARS NORTH 06°46'08" WEST 1,149.37 FEET; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE NORTH 71°35'57" EAST 1,704.79 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 1,398.11,A CENTRAL ANGLE OF 40°20'46", CHORD OF SAID ARC BEARS NORTH 51°25'34" EAST 964.30 FEET)A DISTANCE OF 984.51 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 89°31'00" EAST 93.11 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1,478.11 FEET, A CENTRAL ANGLE OF 4T14'42",CHORD OF SAID ARC BEARS SOUTH 50°28'36" WEST 1,065.31 FEET)A DISTANCE OF 1,089.83 FEET; THENCE SOUTH 71°35'57" WEST 1,732.54 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 3 1/2; THENCE ALONG SAID EASTERLY RIGHT-OF WAY LINE NORTH 00°43'36" EAST 84.68 FEET TO THE POINT OF BEGINNING. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 348.356 ACRES MORE OR LESS. THE GROSS AREA OF EXCEPTION 1 IS 3.113 ACRES MORE OR LESS. THE GROSS AREA OF EXCEPTION 2 IS 5.061 ACRES MORE OR LESS. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 340.182 ACRES MORE OR LESS. 11/22/06 EXHIBIT B TO PETITION FOR ANNEXATION (UNION PUD) Legal Description of the Property Owned by the Petitioner A TRACT OF LAND SITUATED IN SECTION 5,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5;THENCE NORTH 89°31'00" EAST 2,696.54 FEET TO THE NORTHEAST CORNER OF SECTION 5;THENCE SOUTH 01'05'27" WEST 2,613.54 FEET TO THE EAST ONE QUARTER CORNER OF SECTION 5;THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5,NORTH 89"08'40" WEST 857.17 FEET;THENCE SOUTH 00°43'11" WEST 2,401.24 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING 6 COURSES: THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 5,830.00 FEET,A CENTRAL ANGLE OF 09°44'11",CHORD OF SAID ARC BEARS NORTH 87°33'44" WEST 989.52 FEET)A DISTANCE OF 990.71 FEET;THENCE SOUTH 83°36'40" WEST 194.00 FEET;THENCE SOUTH 85°10'40" WEST 190.60 FEET;THENCE SOUTH 87°34'40" WEST 359.60 FEET;THENCE NORTH 70°23'20" WEST 65.87 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.3 1/2;THENCE NORTH 89°16'05" WEST 30.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5;THENCE NORTH 00°43'55" EAST 2,416.68 FEET TO THE CENTER ONE- QUARTER CORNER OF SAID SECTION 5;THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5,NORTH 00°43'36" EAST 1,391.14 FEET TO THE SOUTHEAST CORNER OF LOT B OF RECORDED EXEMPTION NO. 1313-05-2-RE 1389 OF WELD COUNTY RECORDS;THENCE ALONG THE BOUNDARY OF SAID LOT B THE FOLLOWING 16 COURSES: THENCE SOUTH 71°34'28" WEST 546.56 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 2,904.00 FEET,A CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67°24'52" WEST 422.13 FEET)A DISTANCE OF 422.50 FEET;THENCE SOUTH 63°14'52" WEST 1,843.45 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1,310.00 FEET, A CENTRAL ANGLE OF 05°19'20",CHORD OF SAID ARC BEARS SOUTH 65°54'32" WEST 121.64 FEET)A DISTANCE OF 121.69 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE;NORTH 01°04'47"EAST 831.73 FEET;THENCE NORTH 68°57'51" EAST 1,252.56 FEET;THENCE NORTH 2'120'44" EAST 1,224.16 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 5;THENCE ALONG SAID NORTH LINE,NORTH 89°41'22" EAST 295.05 FEET;THENCE SOUTH 16°04'00" WEST 145.38 FEET;THENCE SOUTH 06°35'40" EAST 42.71 FEET; THENCE SOUTH 38°40'00" EAST 57.32 FEET; THENCE SOUTH 63'35'24" EAST 111.77 FEET;THENCE SOUTH 88°41'43" EAST 134.80 FEET; THENCE NORTH 79°06'16" EAST 173.06 FEET;THENCE NORTH 71'27'35" EAST 93.45 FEET; THENCE NORTH 52'23'30" EAST 180.19 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 5;THENCE ALONG SAID EAST LINE,NORTH 00°43'36" EAST 110.75 FEET TO THE NORTH ONE QUARTER CORNER OF SECTION 5 AND THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PORTION OF THE NORTHEAST QUARTER OF SAID SECTION 5 DESCRIBED BY DEED RECORDED JUNE 12, 1906 IN BOOK 24I AT PAGES 392 AND 393 OF WELD COUNTY RECORDS BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 5; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5, SOUTH 00°43'36" WEST 11.22.06 1,159.38 FEET TO THE POINT OF BEGINNING;THENCE NORTH 7I°35'57" EAST 1,736.54 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT(SAID CURVE HAVING A RADIUS OF 1,398.11 FEET,A CENTRAL ANGLE OF 41°46'51", CHORD OF SAID ARC BEARS NORTH 50°42'31" EAST 997.08 FEET)A DISTANCE OF 1,019.52 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 5;THENCE ALONG SAID NORTH LINE,NORTH 89°31'00" EAST 91.82 FEET;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT(SAID CURVE HAVING A RADIUS OF 1,478.11 FEET, A CENTRAL ANGLE OF 4314'37",CHORD OF SAID ARC BEARS SOUTH 49°48'39" WEST 1,097.29 FEET)A DISTANCE OF 1,124.19 FEET; THENCE SOUTH 71°35'57" WEST 1,764.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 5;THENCE NORTH 00'43'36" EAST 84.68 FEET TO THE POINT OF BEGINNING. THE GROSS AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 318.30 ACRES MORE OR LESS. THE GROSS AREA OF THE EXCEPTION IS 5.183 ACRES MORE OR LESS. THE NET AREA OF THE ABOVE DESCRIBED TRACT OF LAND IS 313.117 ACRES MORE OR LESS. 11.22.06 EXHIBIT C TO PETITION FOR ANNEXATION (UNION PUD) Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s)he was the circulator of the foregoing Petition for Annexation of lands to the City of Longmont, Colorado, consisting of 10 pages, including the page(s) of this Exhibit C, and that the signatures of the petitioners thereon were witnessed by the circulator and are the true and original signatures of the persons whose names they purport to be, and that the dates of such signatures are correct. Q , ©.,0TA B ti'lator RJ-V" Co I�� STATE OF ; r Lo • i ssy • COUNTY OF 6dh«r The foregoing AFFIDAV ,a��. � AT R was subscribed and sworn to before me this 1 day of September, 2006,by I &(t'— Ot(OLc Witness my hand and official seal. My commission expires: O114+dOb15 Notary Public 697618.2 10 CITY OF LONGMONT COLORADO ANNEXATION IMPACT REPORT CONCERNING THE reOrbb Union Annexation 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. 1 Annexation and the City of Longmont State statutes require that any municipality annexing property must provide "urban level services" (i.e. water, 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. Union Annexation The property included in this annexation is to be known as the Union Annexation to the City of Longmont. An application for an annexation, zoning and concept plan approval has been submitted. The LACP includes this area in the Cooperative Planning Area (CPA) and designates a portion of this propert's land use as Parks, Greenway and Open Space. The property is contiguous to the City of Longmont and the total area of this annexation is 348 acres. The parcel included in this annexation is currently being used for agriculture and will be annexed to the City under the zoning of PUD-MU (planned unit development-mixed use). City Boundaries § 31-12-108.5 (a) (I) The City's present and proposed boundaries are shown on Map 1 of this Impact Report. The City of Longmont is currently contiguous to this property on the north and east sides of the property. The area contiguous to the City of Longmont is in excess of the 1/6`x' contiguity requirement. Existing & Proposed Infrastructure § Section 31-12-108.5 (a) (II) A. Storm Drainage The developer will be responsible for the preparation of a drainage plan and report on the entire property, in accordance with the City's Storm Drainage Criteria Manual. This plan and addenda are to be reviewed and approved prior to approval of any plats. The developer, at his expense, would construct all drainage facilities needed to control irrigation and storm water as required by the drainage plan. These facilities would include but not be limited to improvements to the primary collection and detention facilities. To fully develop the property, the developer/owner may need to construct certain off-site drainage improvements to control irrigation and storm water, as identified in the approved drainage plan and report. A portion of the property lies within the Spring Gulch floodplain. The developer is identifying the construction of improvements within the floodplain. No development can occur within this floodplain until the floodplain can be 2 eliminated or mitigated, without adversely affecting other property owners, through some method reviewed and approved by the City. The City is identified as a Phase 2 City in the National Pollutant Discharge Elimination System (NPDES). The developer shall provide all storm water quality provisions in accordance with all Federal, State and local regulations at the time of development of the property. B. Streets 1. The developer shall submit a traffic study for City approval with each fmal plat, unless waived by the City. To fully develop the property, the developer may need to construct certain on-site and off-site transportation improvements, as identified in the approved traffic study including improvements to Weld County Road 26. The details of developer responsibility will be specified in the Annexation Agreement and in Public Improvement Agreements (PIA's). 2. Arterial Street—Weld County Road 3'/, Weld County Road 26, Fairview Street, and SH 119: The developer will be responsible for right-of-way dedication. The developer will be responsible for up to 1/2 the cost of a collector street for the frontage along Weld County Road 3 1/2, Weld County Road 26, Fairview Street and State Highway 119. The developer will be responsible for all of the costs associated with any site-specific improvements, including but not limited to accel/decel lanes, traffic control signage and signals. Any oversizing costs of arterial streets, excluding landscaping and bikeway, will be paid by Transportation Investment Fees. If the development of the site requires arterial construction prior to such time as adequate funds have been collected from Transportation Investment Fees, the applicant will be required to advance the cost of construction for this arterial. 3. Collector Street : The developer will be responsible for right-of-way dedication. The developer will be responsible for all of the costs associated with collector streets for the Property. 4. Local Street: The developer will be responsible for right-of-way dedication. The developer will be responsible for all of the costs associated with local streets for the Property. C. Water Distribution Extension of water mains to the site and to the extreme boundaries of the development shall be completed in accordance with the Updated Treated Water Master Plan, as amended and updated. The size of line to serve the development, and the subsequent final City oversizing will be detailed in the Public Improvement Agreement (PIA) with the developer. 3 Currently, there is limited water transmission capacity to serve this development when build-out occurs in the existing annexed developments. The allocation of water service shall be on a first come/first served basis at the time of final plat recording and as outlined in the PIA. At a minimum, to serve the site, the developer must pay participation fees for the existing water mains that will serve the site. The Owner shall construct the major water lines as shown on page 7 of the Concept Plan titled "Phasing Plan and Major Water Lines."to serve the Property. This includes approximately 6,700 lineal feet of 16-inch water line and 14,800 lineal feet of 12-inch water line. In addition, construction of all smaller, on-site waterlines will be the sole responsibility of the developer. The developer will be required to provide a looped water system for each phase of development. The developer will be required to participate in the total costs and construct all water line extensions needed to serve this development, if capacity does not exist at the time of development. D. Wastewater Collection Wastewater treatment and collection will be provided by the St. Vrain Sanitation District. E. Electric Distribution and Fiber Optic The developer shall pay the City for the cost of on site electric utility extensions or facility relocations that development of the property requires. If relocation requires additional or expanding easements,the Developer shall provide the easements to the City, without cost. The funding for the extension of LPC main feeder infrastructure is collected over time from developers through the imposition of Electric Community Investment Fees. This provides a method that ensures new developments bear a proportionate share of the cost of capital improvements necessary to accommodate new development. The fee is calculated and collected with building permits or by LPC staff. - Sections of main feeder infrastructure typically funded by the imposition of the Electric Community Investment Fees will pass by Weld County enclaves. LPC will collect the associated costs of those sections from the Developer for the proportionate share that will not be recovered through the imposition of the Electric Community Investment Fee in those enclaves. - The Developer will pay associated costs to extend LPC main feeder infrastructure along non-direct routes necessitated by the specific 4 location of the development and conflicts with existing right-of-way and other facilities. Within sixty(30) days of written notification by the City, the developer shall reimburse the City's electric utility for all costs associated with the transfer of service territory within the property to the City from other electric utilities. These costs shall include, but are not limited to: transfer, relocation, conversion of overhead to underground or removal of existing electric infrastructure, services, buy-out of utility facilities, and lost revenue payments for the period stipulated by the agreement. The terms of transfers shall be dictated by current applicable service territory transfer agreements between the City and other electric utilities, including any specific agreement reached concerning the property or by Colorado statutes. Transfer of the service territory, existing customers, and resulting costs may occur in stages at the City's discretion. If the developer requests the City to extend fiber optic infrastructure to the site it will be constructed by LPC at the developer's expense. On site fiber optic installations will be outlined in the PIA to include all expenses related to design, materials and installation. All development approvals, building permits, and certificates of occupancy shall be subject to payment of all reimbursable costs. F. Fire and Emergency Services The bulk of the parcel is outside the response time requirements of 5-minutes, 59- seconds as established by LMC 15.05.150 Section E. The owner has proposed methods to mitigate the response time problems associated with this development. The owner has agreed to install fire suppression sprinklers systems in all structures as a means of mitigating of fire suppression response time deficiency. The owner has agreed to provide facilities near the annexed area for the purpose of posting of an additional emergency response ambulance. The ambulance will be in addition to the level of resources currently provided by the ambulance service. The ambulance will be posted when any building in the annexation area is occupied or when there are construction activities occurring on the site. The City of Longmont Fire Department will monitor the performance of the ambulance provider. If the provider fails to meet the performance requirements, the city will provide this service. The owner will be solely liable to reimburse the City of Longmont for any costs associated with providing this service. The owner has agreed to reserve a one-acre parcel of land for the purpose of constructing a City of Longmont fire station. The city and the owner will jointly determine the location of the parcel. The owner will provide the parcel with off- site drainage, road access, and facility parking. The reservation of the land will 5 be revoked if the City of Longmont fails to construct, staff, and equip a fire station within 15 years of the effective date of the annexation. G. Parks and Open Space The LACP indicates that this parcel's southern perimeter along Highway 119 is designated as arterial right-of-way as part of the Longmont Area Comprehensive Plan. The LACP also indicates that the property also includes designated scenic entryway corridor. The developer will be responsible for arterial landscaping and the bikepath as well as landscaping along the collector street and the sidewalk system. The realignment of County Road 26 proposed as part of this annexation will reduce the amount of City-owned Open Space land by transferring some of the open space into road ROW. The City's Open Space program will participate in this manner, as the access would be improved to the future adjacent District Park with the road realignment, so it does seem compatible with the intended use of Open Space funds. 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 Weld County E (estate), R-1 (low density residential), R-2 (duplex residential), R-3 (medium density residential), R-4 (high density residential), C-1 (neighborhood commercial) and C-2 (general Commercial). in Weld County. The owner of the property requesting annexation has requested PUD-MU zoning. The proposed zoning is in conformance with the proposed LACP designation of low density residential and mixed use commercial corridor. The concept plan for this property indicates it will be developed as a residential subdivision, as depicted on Map 2 of this Impact Report. Preannexation Agreements § Section 31-12-108.5 (b) There will be an annexation agreement for this property and it will be completed prior to the public hearing on the annexation ordinance. 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 fmance this expansion and what the City will require of the property owner upon development of the property. 6 Existing Proposed Zoning Agriculture PUD-MU Acreage 348 348 Land Use Agriculture Low density residential and mixed use commercial 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 City of Longmont School: St.Vrain Valley School Dist. St. Vrain Valley School Dist. Wastewater: Septic St. Vrain Sanitation District Water: Left Hand & Longs Peak Water City of Longmont District Districts School: St. Vrain Valley School Dist. Same Fire: Mountain View Fire Protection City of Longmont Summary: Upon annexation, the City of Longmont will provide the above listed 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. The property owner will be required to pay for any service expansion when this property develops and would provide these services as outlined in the City of Longmont Municipal Code, Regulations and the Annexation Agreement. 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 servicing the property to be annexed: St. Vrain Valley School District Northern Colorado Water Conservancy District St. Vrain/Left Hand Water Conservancy District Longs Peak Water District Mountain View Fire Protection District St. Vrain Sanitation District 44 Weld Co Library District Longmont Soil Conservation District Left Hand Water District AA._ 42/1 '? -9c Yl 0-LO 7t ef, 14,44 en g Oanw' 7 Anticipated Impacts and Costs to Schools § Section 31-12-108.5 (I) The property to be annexed to the City of Longmont will impact the St. Vrain Valley School District facilities. The property is currently within the Mead Elementary, Mead Middle and Skyline High School attendance areas. This property will need to comply with the City's school capacity benchmark prior to approval of the preliminary plat for this parcel. In addition, once development is allowed to occur under the school capacity benchmark, this property will be responsible for paying a fair contribution cash in-lieu fee for each residential dwelling unit to help off-set the cost of school facilities. 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. 8 0 0 ritit�P 1 CI a[xII '�' — J aouloA�louIILY __ A II h WELD COON!:L. iI ! i;4" , 8b I. R \ ''):Fig o a `' -_ J-- _.__ III _ g F4rt4 4 N II t — w lv as 7I __ cn C I - ! Z is C g $ g z LEIa" 5a5 g ihtuhjoi1iJ a'4ild 1§ klsfl:ll a C Il;'] Q C G Iit gGg R3 ggb 4oq i i NR ₹ A�taa§a$'ll a" z ''iy64£i i Q A g aa $]] al gi(1I - t tl H pJ!JUI,b f! abit24 � � �au �eq+� 4qQ a � gR� � toigil ill gil9l1l$'iiT :i xLIWIe i F Rill fi `b � [ � dy ceR�g4p5�a„e "aq"a 9��Ge� Gpp$gs q CC4 Ri '30m p*INIE'l a_ xR-aa1®lPd1h b ea4 § ks a,.II :18 1 `h I E ,IT1 !Ii ppr = � qbl&,A 0141O-1 .. AI b y � �:y ; � e kga� ee> !IUP :M �° q ggas " a .-.. �ii �!9kn. gill3t I- C r ! Z n 9 D fP� : 3 0 0z ' 'iIP'il` '-I o m ;Ji ! !_"m m Z IA QI p 09 n m z y q . 7 _ *..Ad' 0, \ _- .. FAaVIEA Si _ �s L _ p@ \ ‘,4.,>.,;,,‘ y �yv<.��, 1 F � r . �� w I d I 11 5 pypy D ` ?agl,� pgpg�y pI y£y£ L - 1`\7°`yyy� .d \ Jy ti , I liF G I Fe$ S ; R ; it m Y\ W :ii �ib 5'fl @RR j p $$ Y 'I E Rtk € s�k '8 r� x , '/� II I q v `. 4 ! C S'� o 1RoqAt ,�. lq 'I� 1 i csw' Ni,� 11'I 64 r: I la III � D 9 m� R, �gr �m ail InsI !J k 'ee ,,..)-4 pp `n -( qy Y ` I -OLLdItt ROAD 9T�1Tbff m ww ew (-5:-.m.-. ... —! 9 1'1 - ,`� i��lt•a I� I > Ilo3� 9 I �-a• I' ' Uyy tt 1 : i .,,CI „,ti. " % e �. 41 . _I N �P I��_ T� rNr� ! r a� § . II% ii N m -4 a I r . % gyp. �` bg NA�D � III Y `% I :Gi # +il II N$ d v'aW_ 64yut Nye b � I I- D Pi v �ls11?,.:10,c l) D F ' h 4'''' 1. l j V Pit K N k' _. tee. A JJ€ E°' 9s x ' ; ` ` ; ` y $ I. E pS••-' S S 'Er- pd Px i a Egg lay &1�+�1p ,r;d$g II i s ` e aa� 9..g$w R3� x€ g gg,i#a i 91I JR i₹ ge Is — _ ..-- - ____.. E 8$ i5t19Pd 3a 1 `{ c, ;kg' k IIIIIII:e$,l$gi II $ L e a ig all I 111 ;.. x .__ _II O. a5 it!. 1 $a 214 E e jai F3 �. es,,gr _ �d e^ iiii9 L E I p Sti.4 ifiL II Efs Ei97ppmillSA 6i _ $ $ : al iii9 6. t gp111 ^a '8__— —_....._. ._... i (JurII,l$$l i 1p iii; IIJ F' "EFB 15 %' xaid.ii $IdE °JJ EJa 1EAEI ai X11 I Hello