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Home My WebLink About20070213.tiff kit r1:" s ,:. January 12, 2007 ,. • • ti,. .4:1 Sent Via Registered Mail TOWN OF ERIE 1 874 Weld County Commissioners 915 10th Street Greeley, CO 80631 RE: Annexation Petition Dear County Commissioners: The Town of Erie has scheduled a public hearing to consider a petition for the"SMT Investors Annexation" for February 6, 2007, at 7:00 p.m. or as soon as possible thereafter. The Public Hearing will be held in the Board Room of the Erie Town Hall, 645 Holbrook, Erie, CO 80516. Per C.R.S. 31-12-108 (2) "A copy of the published notice, together with a copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners and to the county attorney of the county wherein the territory is located and to any special district or school district having territory within the area to be annexed at least twenty-five days prior to the date fixed for such hearing." Please fmd enclosed the following documents: 1) Resolution No. 06-124: A Resolution Finding Substantial Compliance Of The Annexation Petition Regarding The Annexation And Zoning Of Certain Properties In Weld County, Colorado To The Town Of Erie, Said Annexation To Be known As The SMT Investors Annexation; Setting A Public Hearing On Said Annexation And Zoning. 2) Petition submitted by the applicant; including legal descriptions and maps 3) Copy of published notice; to be run January 6, 2007; January 13, 2007; January 20, 2007; and January 27, 2007. 4) Copy of the Impact Report with attached maps Please refer questions or comments to the Erie Town Clerk's Office, 303-926-2731; fax: 303-926- 2798; P.O. Box 750, Erie, CO 80516 Very ruly Yours,blency J er Town Clerk Town of Erie, Colorado Enclosures cc: Town Attorney; Town Administrator; file i u ix-t c K'&vit.4i 645 Holbrook•P.O. Box 750•Erie, Colorado. 80516• Pffone (3u3)926-2700•Fax (303)926-27 2007-0213 01 - a -o9 RESOLUTION NO. 06-124 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF THE ANNEXATION PETITION REGARDING THE ANNEXATION OF CERTAIN PROPERTIES IN WELD COUNTY,COLORADO TO THE TOWN OF ERIE, SAID ANNEXATION TO BE KNOWN AS THE SMT INVESTORS ANNEXATION. WHEREAS, a petition for annexation of certain properties has been filed with the Board of Trustees of the Town of Erie, Colorado by SMT Investors; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of subject property for annexation and zoning; and WHEREAS, the Board of Trustees has reviewed the petition and 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 ERIE, COLORADO,as follows: 1. The petition, whose legal descriptions are attached hereto as Exhibit A and incorporated by reference herein, is in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. §31-12-I07(2). 3. No additional terms and conditions are to be imposed as may require an election under C.R.S. §31-12-112. 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 property,at the Erie Town Hall, 645 Holbrook Street, Eric, Colorado 80516, at the following time and date: 7:00 PM. February 6,2007 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. 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. 7. The appropriate Town Officials are hereby authorized to sign and bind the Town to this Resolution of Substantial Compliance. INTRODUCED, READ,SIGNED AND APPROVED this 14Ih day of December,2006. TOWN ORIE Andrew S.Zore,Mayor ATTEST: SEAL Nittcy 1.(a`'a 'er.èt; �`i PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO: RE: Petition Known As: SMT Investors Annexation DATE: December 14, 2006 I, Michael T. Cowley, in my capacity as signatory for the following real property owners: SMT Investors Limited Partnership, an Arizona Limited Partnership, Mt. Baldy Limited Partnership, an Arizona Limited Partnership, SCM — GRP ERIE II, LLLP, an Arizona Limited Liability Limited Partnership, SCM - GOODSIJN, LLLP, an Arizona Limited Liability Limited Partnership, SCM — Lowrie, LLLP, an Arizona Limited Liability Limited Partnership, SCM - POG, LLLP, an Arizona Limited Liability Limited Partnership, SCM—Neal II, LLLP, an Arizona Limited Liability Limited Partnership, SCM — Hess Myers, LLLP an Arizona Limited Liability Limited Partnership, and David N. Neal, in my capacity as Manager of Neal Management, LLC, an Arizona Limited Liability Company, the undersigned landowners of Lots B and C, in accordance with Colorado law, hereby petition the Town of Erie and its Board of Trustees for annexation to the Town of Erie of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: LOTS B AND C OF AMENDED RECORDED EXEMPTION NO 1313-33-3 AMRE-3067, RECORDED JANUARY 31, 2006 AT RECEPTION NO. 3359259, BEING LOCATED IN THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 61M P.M.; ALONG WITH AN ADDITIONAL PARCEL OF LAND LOCATED NORTH OF HIGHWAY 52 IN THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6T" P.M.; The parcels to be annexed are more particularly described on Exhibit A, attached hereto. As part of this petition, petitioners further state to the Board of Trustees of Erie, Colorado, that: 1. It is desirable and necessary that the territory described above be annexed to the Town of Erie. 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 Erie or will be contiguous with the Town of Erie 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 Erie. 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 Erie. 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 1 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 Erie more than three miles in any direction from any point of the boundary of the Town of Erie in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Erie 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 Erie; 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 Erie 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 Erie but is not bounded on both sides by the Town of Erie. 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. Petitioners preserve the right to withdraw this petition at anytime prior to the completion of the annexation process, including negotiation of a final annexation agreement, not withstanding the right of Petitioners to withdraw for any other reason. 5. Accompanying this petition is the annexation map containing the following information: 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; 2 d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Erie 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. 6. 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 Erie, except for general property taxes of the Town of Erie which shall become effective as the January 1 next ensuing. 7. The zoning classifications requested for the area proposed to be annexed will be a combination of CMU, HR, AG/OS, MR and LR, possibly using a PUD Overlay. WHEREFORE, the following Petitioners respectfully request that the Town of Erie, 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. Owners: SMT Investors Limited Partnership an Arizona limited partnership By: MRW Management Company an Arizona corporation its Gene er ISSOllbadlliaaaalbria / 4 _\ KEVIN BRENT WHITENACK _\ Notary Public-Arizona ( e Nlarleopa County Mich T.Cowley, ice President '-��J, ry commission Expires November 26,2009 STATE OF ARIZONA ) ss. COUNTY OF MARICOPA This instrument was ACKNOWLEDGED before me this t?{ day of Blau V444 .00y, by Michael T. Cowley,the vice president of MRW Management Company, a genera partner f S Invest invited Partnership, an Arizona limited partnership,on behalf of such entity. Not�ryt GA ovation Date otary Public 3 Mt.Baldy Limited Partnership an Arizona limited partnership By: MRW Management Company an Arizona corporation its General Partner - -- - — a Mich 1 T.Cowley, ice President KEVIN BRENT WHITENACK 1 `�"' Notary Public-Arizona + i i Marlcope County f1 `�v % My Commission Expires 1 I's Novsmbar 2s,2009 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) ..yy- This instrument was ACKNOWLEDGED before me this in day of thALMedg.20016 by Michael T. Cowley, the vice president of MRW Management Company, e general partne ofMt.Baldy ited Partnership, an Arizona limited partnership,on behalf of such entity. IIJt4b c • Notary Exp ation Date N tart'Public SCM—GRP ERIE II,LLLP an Arizona limited liability limited partnership By: Strategic Capital Management,LLLP, an Arizona limited liability limited partnership By: Strategic Capital Management AZ,L.L.C. an Arizona limited liability company Its General Partner By: Emerson Investments,LLC, an Arizona limited liability company, Michae .Cowley,M tuber KEVIN BRENT WHITENACK Notary Public-Arizona`, a Maricopa County ''±`as' My Commission Expires ST TE OF ARIZONA ) November 20,2009 )ss. COUNTY OF MARICOPA nn This instrument was ACKNOWLEDGED before me this rif day of II t ItNf(L2001 by Michael T. Cowley, the member of Emerson Investments, the general partner of Strategic Capital Management AZ, LLC, the general partner of Strategic Capital Management,LLLP,the g eral partner of SCM—GRP ERIE , LLP,an Arizona limited liability limited partnership,on behalf of such entity. ItIMIi Notary E iration Date N ary Public 4 SCM-GOODSIJN,LLLP an Arizona limited liability limited partnership By: Strategic Capital Management,LLLP, an Arizona limited liability limited partnership By: Strategic Capital Management AZ,L.L.C. an Arizona limited liability company Its General Partner By: Emerson Investments,LLC, an Arizona limited liability company, .. KEVIN BRENT W'Hrl ENACT; �' Notary Public-Arizona Mich 1 T.Cowley, ember 1�,+ . Marlcope County --._!_or r _My Commission Expires - November.3: 2009 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) This instrument was ACKNOWLEDGED before me this t4 day of__ 000, by Michael T. Cowley, the member of Emerson Investments, the general partner of Strategic Capital Mana ent AZ, LLC, the general partner of Strategic Capital Management, LLLP, the g eral p er of M GOO I ,LLLP, an Arizona limited liability limited partnership,on behalf of such entity. ►al L4l Qg Not Exp ation Date Notary Public SCM—Lowrie,LLLP an Arizona limited liability limited partnership By: Strategic Capital Management,LLLP, an Arizona limited liability limited partnership By: Strategic Capital Management AZ,L.L.C. an Arizona limited liability company Its General Partner By: Emerson Investments,LLC, an Arizona limited liability company, Mic I T.Cowley,Member — — — — ——— - -- KEVIN BRENT WHITENACK �4180,• Notary Public-Arizona Marlcopa County My Commission Expires NOvenber 26,2009 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA This instrument was ACKNOWLEDGED before me this jday of 4441011.200k, by Michael T. Cowley, the member of Emerson Investments, the general p er of Strategic Capital Management AZ, LLC, the general partner of Strategic Capital Management, LLLP, th general p er of SC — Lo , P, an Arizona limited liability limited partnership,on behalf of such entity.Zbl @S No Exp tion Date Notary Public 5 SCM—POG,LLLP an Arizona limited liability limited partnership By: Strategic Capital Management,LLLP, an Arizona limited liability limited partnership By: Strategic Capital Management AZ,L.L.C. an Arizona limited liability company Its General Partner By: Emerson Investments,LLC, an Arizona limited liability company, Michael .Cow ey,M bet CI_ WHITENACKic-Arizona Countyion Expires 26,2009 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) ss''// This instrument was ACKNOWLEDGED before me this A( day of 00k, by Michael T. Cowley, the member of Emerson Investments, the general partner of Strategic Capital ent AZ, LLC, the general partner of Strategic Capital Management,LLLP,the/general partner of SCM-POG, L , an Arizona limited liability limite partnership,on behalf of such entity. d Li iILk1S tr Notary Expiration Date No�Public SCM—Neal II,LLLP an Arizona limited liability limited partnership By: Strategic Capital Management,LLLP, an Arizona limited liability limited partnership By: Strategic Capital Management AZ,L.L.C. an Arizona limited liability company Its General Partner By: Emerson Investments,LLC, an Arizona limited liability company, Micha T.Cowley, ember KEVIN BRENT WHITENACK \_ Noisy Public-Arizona .� �/1 MarlWpa County ,i7 My Commission Expires to Re November 26,2009 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) This instrument was ACKNOWLEDGED before me this Stay of 11 tithaboo\l, by Michael T. Cowley, the member of Emerson Investments, the general p er of Strategic Capital Management AZ, LLC, the ilit partner Snrship Capital Management LLLP,the ge ral partner eel II, ( Arizona limited liability limited partnership,on behalf of such entity. \ t6Lo5 /at- No Expi Lion Date No Public 6 SCM—Hess Myers,LLLP an Arizona limited liability limited partnership By: Strategic Capital Management,LLLP, an Arizona limited liability limited partnership By: Strategic Capital Management AZ,L.L.C. an Arizona limited liability company Its General Partner By: Emerson Investments,LLC, an Arizona limited liability company, / KEVIN BRENT WNITENACK Michael .Cowley,Me ber n •_ Notary Public-AIIxOma ' ��/1 MaAcopa counH S.._ My Commission Expires <a,mad November 28,2009 STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) This instrument was ACKNOWLEDGED before me this t day of 1411/411/418....2040 by Michael T. Cowley, the member of Emerson Investments, the general p er of Strategic Capital Management AZ, LLC, the general partner of Strategic Capital Management, LLLP,the g eral partner of SC — ess My s, LP, an Arizona limited liabi ity limited partnership,on behalf of such entity. ç1[j No ry Ex ration Date Notary Public 7 Neal Bement,LLC an on limited liability company r.,,,, KEVIN BRENT WNITENACK �'\ Notary Public-Arizona David N.Neal,Manager . maneopa County 1 �_v Yy Commission Expires I STATE OF ARIZONA ) \ �ber at aooe 1 )ss. COUNTY OF MARICOPA ) This instrument was ACKNOWLEDGED before me s .2,da of 2096 avid N.Neal, manager of Neal Management,LLC,an Arizona limited com y,on of c enti tii,405 A.... No Exp tion Date Notary Public RECORD OF LAND OWNERSHIP AND DATE SIGNED: Land Owner Name/Signature/Mailing Legal Description of Land Owned Date of Signing Address SMT Investors Limited Partnership LOTS B AND C OF AMENDED 11/28/06 Michael T. Cowley RECORDED EXEMPTION NO 1313- c/o Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. Mt. Baldy Limited Partnership LOTS B AND C OF AMENDED 11/28/06 Michael T. Cowley RECORDED EXEMPTION NO 1313- c/o Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. SCM-GRP ERIE II, LLLP LOTS B AND C OF AMENDED 11/28/06 Michael T. Cowley RECORDED EXEMPTION NO 1313- c/o Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. SCM-GOODSIJN, LLLP LOTS B AND C OF AMENDED 11/28/06 Michael T. Cowley RECORDED EXEMPTION NO 1313- c/o Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. SCM-Lowrie, LLLP LOTS B AND C OF AMENDED 11/28/06 Michael T. Cowley RECORDED EXEMPTION NO 1313- c/o Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. 9 Land Owner Name/Signature/Mailing Legal Description of Land Owned Date of Signing Address SCM-POG, LLLP LOTS B AND C OF AMENDED 11/28/06 Michael T. Cowley RECORDED EXEMPTION NO 1313- do Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6T" P.M. SCM—Neal II, LLL LOTS B AND C OF AMENDED 11/28/06 Michael T. Cowley RECORDED EXEMPTION NO 1313- c/o Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6T" P.M. SCM—Hess Myers, LLLP LOTS B AND C OF AMENDED 11/28/06 Michael T. Cowley RECORDED EXEMPTION NO 1313- do Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. Neal Management, LLC LOTS B AND C OF AMENDED 11/28/06 David N. Neal RECORDED EXEMPTION NO 1313- c/o Cowley Companies 33-3 AMRE-3067, RECORDED 625 South Fifth Street JANUARY 31, 2006 AT RECEPTION Suite E-2 NO. 3359259, BEING LOCATED IN Phoenix, AZ 85004 THE SW1/4 OF SECTION 33, TOWNHIP 2 NORTH, RANGE 68 WEST OF THE 6T" P.M. 10 AFFIDAVIT OF CIRCULATOR STATE OF C)LOPADO ) ) ss. COUNTY OF MidtO04- ) \cf.0 i to V1/4) \A in tai&(',1r! being first duly sworn upon oath, deposes and says that((hhe or she) was the circulator of this Petition for Annexation of lands to the Town of Erie, Colorado, consisting of eight(8) pages including this page and that each signature hereon was witnessed by affiant and is the signature of the person whose name it purp s to be. , Z n C culator STATE OF 'al 2°Nil ) )ss. COUNTY OF /I Ag I c a" The foregoing, signature, wa subscribed and sworn to before me this a9 "LCtr- day of � e , 2006, by �111J W‘k.N—er IJ4,C.Ii . . Witness my hand and official seal. My Commission Expires: '�9 �e?oe 7 (SEAL) RONALD L.WILSON ��7/ —� 1 Notary Public-Arizona k B i -I f M■rieopa County i Notary Public i ...`y My Commission Expires , SEPTEMBER 9,2009 13 EXHIBIT A TO PETITION FOR ANNEXATION SMT ANNEXATION PROPOSED PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 1 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; TOWN OF ERIE, COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 33, AS MONUMENTED BY A 3-1/4" ALUMINUM CAP, STAMPED PLS 10385, 1992,WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 24307,2006,BEARS S 89°22"23" E,A DISTANCE OF 2613.26 FEET FORMING THE BASIS OF BEARINGS USED IN THIS DESCRIPTION; THENCE ALONG THE EASTERLY LINE OF ANNEXATION NUMBER 4 TO THE TOWN OF ERIE AS RECORDED AT RECEPTION NUMBER 3250324 IN THE WELD COUNTY RECORDS, S 00°14'32" W, A DISTANCE OF 77.19 FEET TO THE NORTHERLY LINE OF ANNEXATION NUMBER 5 TO THE TOWN OF ERIE,AS RECORDED AT RECEPTION NUMBER 3250325 IN THE WELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY LINES OF ANNEXATIONS NUMBER 6 AND 7 TO THE TOWN OF ERIE, AS RECORDED AT RECEPTION NUMBER 3250325 IN THE WELD COUNTY RECORDS, THE FOLLOWING TWO (2)COURSES AND DISTANCES: 1. S 89°16'15" E, A DISTANCE OF 322.50 FEET; 2.N 89°12'17" E, A DISTANCE OF 2290.91 FEET; THENCE N 00°43'26" E, A DISTANCE OF 20.91 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE, ALONG THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33,N 00°43'26" E, A DISTANCE OF 2678.47 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33,N 89°16'09" W,A DISTANCE OF 1977.71 FEET TO THE NORTHWEST CORNER OF LOT C, AmRE-3067, A SUBDIVISION EXEMPTION PLAT RECORDED AT RECEPTION NUMBER 3359259 IN THE WELD COUNTY RECORDS; THENCE ALONG THE WESTERLY LINES OF SAID LOT C THE FOLLOWING SIX (6) COURSES AND DISTANCES: 1. S 00°18'30" W,A DISTANCE OF 625.72 FEET; 2.N 89°36'45" W, A DISTANCE OF 395.69 FEET; 3. S 28°51'59" E,A DISTANCE OF 62.10 FEET; 4. S 31°36'10" E,A DISTANCE OF 311.10 FEET; 5. S 41°05'34" E, A DISTANCE OF 33.74 FEET; 6. S 54°08'31" E, A DISTANCE OF 145.01 FEET TO THE NORTHERLY LINE OF LOT B, SAID AmRE-3067; Page 1 of 2 SMT ANNEXATION PROPOSED PROPERTY DESCRIPTION THENCE ALONG THE NORTHERLY LINE OF SAID LOT B,N 89°41'30"W, A DISTANCE OF 564.31 FEET TO THE EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD NUMBER 5 BEING 30.00 FEET DISTANT EASTERLY WHEN MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE,PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, S 00°18'30" W, A DISTANCE OF 1625.58 FEET TO THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE, ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33,N 89°22'23" W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 6,539,930 SQUARE FEET OR 150.136 ACRES, MORE OR LESS. Prepared by: Alan Warner, PLS 28668 VWJvwtij For and on behalf of V3 Companies of Colorado LTD 1-21(4-(O(e 303-989-8588 Page 2 of 2 NOTICE OF PUBLIC HEARING BOARD OF TRUSTEES TOWN OF ERIE Notice is hereby given that on February 6, 2007, at 7:00 PM, or as soon as possible thereafter, in the Town Hall, 645 Holbrook, Erie, Colorado, or at such place and time as the hearing may be adjourned to, a PUBLIC HEARING will be held upon the Petition for Annexation filed by SMT Investors, do Cowley Companies, Inc., 625 South 5th Street, Suite E2, Phoenix, Airzona, for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of C.R.S. Sections 31-12- 104 and 31-12-105 and is considered eligible for annexation. A copy of the Petition for Annexation, as filed, is included in this Notice. The legal description of the property is: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN AND THE NORTHWEST QUARTER OF SECTION 4, THOWSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDAN; TOWN OF ERIE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 33, AS MONUMENTED BY A 3-1/4" ALUMINUM CAP, STAMPED PLS 10385, 1992, WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 33, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 24307, 2006, BEARS S89°22'23"E, A DISTANCE OF 2,613.26 FEET FORMING THE BASIS OF BEARINGS USED IN THIS DESCRIPTION; THENCE ALONG THE EASTERLY LINE OF ANNEXATION NUMBER 4 TO THE TOWN OF ERIE AS RECORDED AT RECEPTION NUMBER 3250324 IN THE WELD COUNTY RECORDS, S00°14'32" W, A DISTANCE OF 77.19 FEET TO THE NORTHERLY LINE OF ANNEXATION NUMBER 5 TO THE TOWN OF ERIE, AS RECORDED AT RECEPTION NUMBER 3250325 IN THE WELD COUNTY RECORDS; THENCE ALONG THE NORTHERLY LINES OF ANNEXATION NUMBER 6 AND 7 TO THE TOWN OF ERIE, AS RECORDED AT RECEPTION NUMBER 3250325 IN THE WELD COUNTY RECORDS, THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1. S89°16'15"E, A DISTANCE OF 322.50 FEET; 2. N89°12'17"E, A DISTANCE OF 2,290.91 FEET; THENCE N00°43'26"E, A DISTANCE OF 20.91 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N00°43'26"E, A DISTANCE OF 2,678.47 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N89°16'09"W, A DISTANCE OF 1,977.71 FEET TO THE NORTHWEST CORNER OF LOT C, AmRE-3067, A SUBDIVISION EXEMPTION PLAT RECORDED AT RECEPTION NUMBER 3359259 IN THE WELD COUNTY RECORDS; THENCE ALONG THE WESTERLY LINES OF SAID LOT C THE FOLLOWING SIX (6) COURSES AND DISTANCES: 1. S00°18'30"W, A DISTANCE OF 625.72 FEET; 2. N89°36'45"W, A DISTANCE OF 395.69 FEET; 3. S28°51'59"E, A DISTANCE OF 62.10 FEET; 4. S31°36'10"E, A DISTANCE OF 311.10 FEET; 5. S41°05'34" E, A DISTANCE OF 33.74 FEET; 6. S54°08'31"E, A DISTANCE OF 145.01 FEET TO THE NORTHERLY LINE OF LOT B, SAID AmRE-3067; THENCE ALONG THE NORTHERLY LINE OF SAID LOT B, N89°41'30"W, A DISTANCE OF 1564.31 FEET TO THE EASTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD NUMBER 5 BEING 30.00 FEET DISTANT EASTERLY WHEN MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE, PARALLEL WITH AND 30.00 FEET EASTERLY OF THE WESTERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, S00°18'30"W, A DISTANCE OF 1,625.58 FEET TO THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, N89°22'23"W, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 6,539,930 SQUARE FEET OF 150.136 ACRES, MORE OR LESS. The Application for Annexation and Initial Zoning is on file with the Town of Erie. Any person may appear at the Public Hearing and present evidence upon any matter to be determined by the Board of Trustees. The Board of Trustees will be taking comments at the Public Hearing prior to making a determination or taking any action on this matter. /s/ Nancy J. Parker Town Clerk FOR QUESTIONS OR COMMENTS, CONTACT TOWN OF ERIE COMMUNITY DEVELOPMENT DEPARTMENT P.O. BOX 750 ERIE, COLORADO 80516 PHONE: (303) 926-2770 FAX: (303) 926-2706 This Notice shall be published in the Daily Times Call once a week for four successive weeks: January 6, 2007; January 13, 2007; January 20, 2007; and, January 27, 2007. Please send the affidavit of publication and billing to: Town Clerk Town of Erie PO Box 750 Erie, CO 80516 Annexation Impact Report For The SMT Investors Annexation Owned by SMT Investors Limited Partnership, et al And Section 4 Investors, LLC Prepared for the County of Weld, Colorado Town of Erie 645 Holbrook, PO Box 750 Erie, Colorado 80516 12 January 2007 I of5 TABLE OF CONTENTS I. Introduction II. Map of municipality and adjacent territory III. Draft Annexation Agreement IV. Municipal Services V. Municipal Services Financing VI. Existing Special Districts VII. Impact on Public School District Systems Exhibit A Present and proposed boundaries of the municipality in the vicinity of the proposed annexation; also present streets in the vicinity of the proposed annexation Exhibit B1 Major trunk water mains Exhibit B2 Major trunk sewer mains Exhibit C Existing and proposed land use pattern 2of5 Introduction This impact report is provided to Weld County pursuant to C.R.S. 31-12-108.5(1). The Town of Erie, Colorado, has received an annexation petition for approximately 150.136 acres located within Weld County, owned by SMT Investors Limited Partnership and Section 4 Investors, LLC. The property is proposed for zoning as Community Mixed Use(CMU), High-Density Residential(HR), Agricultural/Open Space(AG/OS), Medium-Density Residential (MR), and Low-Density Residential(LR) under the Town of Erie Unified Development Code. A PUD Overlay may also be proposed. Per the proposed annexation agreement, the maximum number of residential dwelling units permitted within the area to be annexed is four hundred fifteen (415). On February 6, 2007, the Town of Erie will hold a public hearing to consider this annexation. I. Annexation Map The subject property is depicted on the Annexation Map, Exhibit Al, attached. Also shown on Exhibit Al, pursuant to C.R.S. 31-12-108.5 is the following: The present and proposed boundaries of the municipality in the vicinity of the proposed annexation. Shown on Exhibits B1 and B2 are the following: The present streets, major trunk water mains, 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. Shown on Exhibit C are the following: The existing and proposed land use pattern in the vicinity of the site to be annexed. II. Annexation Agreement A draft of the annexation agreement is not yet available. 3 of 5 III. Utilities/Municipal Services 1. Water and Wastewater The property will require the extension of water and wastewater services into the site. Both services are stubbed up to the site or currently cross the site. The proposed annexation will not require the town to extend any municipal water or wastewater service lines. 2. Other Utilities Qwest Communications currently provides telephone service within the proposed annexation vicinity. No change in this service is proposed. United Power currently provides electrical power within the proposed annexation vicinity. Xcel Energy currently provides natural gas services within the proposed annexation vicinity. No change in this service is proposed. The following ditches are also in the vicinity, and cross the property: • Lower Boulder Ditch • Erie Coal Creek Reservoir and Ditch Company The proposed annexation will not require major service extensions from any of the above described utility providers. 3. Police Protection The Town of Erie provides its own police protection and will extend police protection services to the area proposed to be included within the town's boundaries as part of this annexation. 4. Street maintenance and improvements The maintenance of proposed streets within the annexation will be provided by the town after construction to town specifications and acceptance by the Public Works Division. 5. Other Municipal Services The Town of Erie provides municipal services such as recreation and senior services. No infrastructure extension or expansion is required. 4of5 IV. Municipal Services Financing No additional infrastructure is required or proposed to provide municipal services within the area proposed to be included within the town's boundaries as part of this annexation. To the extent any additional service provision occurs, such service can be accommodated within the town's current budget. V. Special Districts The proposed annexation area is encompassed within the following districts: • Mountain View Fire Protection District • St. Vrain Valley School District REI-J • Northern Colorado Water Conservancy District • Northern Colorado Water Conservancy District Subdistrict • Weld County Library District VI. School District Impact The proposed project's impact on the St. Vrain Valley School District, RE1-J, in terms of the number of students to be generated by the project if full development occurs, is as follows: • Elementary School 149 students • Middle School 60 students • High School 73 students Per the Intergovernmental Agreement (IGA)between the St. Valley School District— RE 1-J, and the Town of Erie, the owner is required to pay a school fee to the School District prior to the issuance of building permits. 5 of 5 a,w till/ST l-30R.11>•O 1M.1:el fttn&..Caw ONVOPi. .,wd IWMWVQO/..00rreV3 N1 OILmO.Yeve 'an'OOVNOIOJ AO S3INYdNCO ` .,� .00 OOV!lO70Q 3183uwssi u°os" 3 pNOp„NV. .MM Y#I103oM 6 MR, wd Elul NOllbX3NNb'S2JO1S3/1NI_MS 3H1 .MCGI mSIO¢ O1. CN1NO.'G.MY1103I„033113O .1R"o l sap warm We sSW0jOS 1KWM0„1nONulxuvt3M,v®N3b ovn, , 'S'w�•� Drld'�c3NW Y siodatmg LW O, "w� amt.' 0 V90NV dWW NOLLVX3NNV i o Side.? SNOISIA321 .�� 0.0800 ..e;ma wia, ii - -. 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