Loading...
HomeMy WebLinkAbout20061158.tiff !) TOWN OF FREDERICK ot° I. K PLANNING DEPARTMENT o .'tip ) 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 toy' PHONE: (303) 833-2388 • FAX: (303) 833-3817 AC Alt MEMORANDUM Date: April 10, 2006 To: Taxing Entities and Referral Agencies From: Jennifer Hoffmann, Planning Director Todd Tucker, taf ner Re: Public Hearing for Annexation of Johnson Farms and Spindle Hill Attached, please find the legal notification of the public hearing for Johnson Farms (Annexation I) and Spindle Hill Energy (Annexation II) as well as the respective Annexation Impact Reports. Should you have any comments or questions, please contact Todd Tucker at ttuckerCa frederickco.gov or 303.833.2388. c• � Ctiifrto n (�L , 5C�, ern- v1/4_04.42006-1158 04 -a, -Oh NOTICE OF PUBLIC HEARING FREDERICK BOARD OF TRUSTEES SPINDLE HILL ANNEXATIONS NO. 1 and NO. 2 NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Frederick has adopted Resolutions of Sufficiency initiating annexation proceedings for the Spindle Hill Annexations No. 1 and No.1 in series, being more particularly described in the following Resolution Nos. 06R014 and 06R015. The Board of Trustees of the Town of Frederick will hold a Public Hearing commencing at 7:00 o'clock P.M., Thursday May 11th, 2006, at the Frederick Town Hall, 401 Locust St. Frederick CO 80530, for the purpose of determining whether the property proposed to be annexed in series meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Frederick, and to establish the appropriate land uses for the property, if requested. Any person may appear at the Public Hearing and be heard regarding the matters under consideration. Copies of the petitions and supporting material submitted to the Town are on file and available for public inspection in the Office of the Town Clerk, at the Frederick Town Hall, 401 Locust St. Frederick, Colorado 80530. Dated this 4th day of April 2006. TOWN OF FREDERICK, COLORADO By: s/s Nanette Fornof, Town Clerk Please publish in the Longmont Daily Times Call on April 9th, 16th, 23"t and 30th, 2006. ANNEXATION 1 JOHNSON FARMS / SPINDLE HILL ENERGY STATION PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK Date: February 6, 2006 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO We, Susan J. Troudt, the Personal Representative of Marian J. Botinelli, Deceased and Carla Johnson Hobbs, the undersigned land owners, in accordance with Colorado law hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory in the County of Weld and the State of Colorado, to-wit: A portion of the southeast quarter of section 32.the southwest quarter of section 33.Township 2 North. Range 67 West of the 6th PM and the northwest quarter of section 4.the northeast quarter of section 5. Township 1 North,Range 67 west of the 6th PM County of Weld. State of Colorado. as more fully described on Exhibit A attached hereto and incorporated herein. As part of this petition, your petitioners further state to the Board of Trustees of Frederick, Colorado that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-1051 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 Frederick or will be contiguous with the Town of Frederick within such a time as required by 31-12-104. b. A community of interest exists between that area proposed to be annexed and the Town of Frederick. 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 Fredenck. 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. has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof. unless such tracts or parcels were separated by dedicated street. road,or 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 next year preceding the annexation. has been included within the area 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 Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick. will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of street, 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 Frederick; and the proposed land uses for the area;such plan to be updated at least once annually. k. In establishing that 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 Frederick will not deny any 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 Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to he annexed exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed: b. A map showing the boundary of 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 planed the boundaries and the plat numbers of plots or of lots and blocks: d. Next to the boundary of the area proposed to be annexed. a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed.and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations to the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is agricultural. 7, The area proposed to be annexed is presently included in Town services and water conservancy districts, or the petitioners consent to the inclusion of the area proposed to be annexed in Town services and water conservancy districts the Northern Colorado Water Conservancy District, Carbon Valley Recreation District, Frederick Fire Protection District and Tri-Area Sanitation District. 8. Petitioners waive the right to election to the Town of Frederick. 9. Petitioners agree to pay all due and unpaid taxes, if any. WHEREFORE: The following petitioners respectfully request that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgement, the undersigned hereby certify that the above information is complete and true. Owner: _.).6t4e€4,tcrig. 17-Lt4.4_ca- Date: 3' .'7 "C Susan J. Trou 14491 Weld County Road 5 Longmont, Colorado 80504 Owner: Date: Personal Representative of Marian J. Botinelli, Deceased 14491 Weld County Road 5 Longmont, Colorado 80504 Owner: Date: Carla Johnson Hobbs by John R. Haley, Attorney-in-Fact 14491 Weld County Road 5 Longmont, Colorado 80504 regulations to the Town of Frederick which shall become effective as theJanuary 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is agricultural_ 7. The;area proposed to be annexed is presently included in Town services and water conservancy districts,or the petitioners consent to the inclusion of the area proposed to be annexed in Town services and water conservancy clistticts the Northern Colorado Water Conservancy District,, Carbon Valley; Recreation District,Frederick Fire Protection District and Tri-area Sanitation District. 8. Petitioners waive the right to election to the Town ofFrederick. . - 9. Petitioners agree to pay all due and unpaid taxes,if any. - WHEREFORE: The following petitioners respcdfully request that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed.By this acknowledgement,the undersigned hereby,certify that the above information is complete and tau: • Owner: • Date: Swan J.Troudt 14491 Weld County Road's Longmont,Colorado 80504 Owner I i • Date: Personal Representative of Marian 1.Botinetli,Deceased • 14491 Weld County Road 5 Longmont,Cokvado 80504 j • /y .P. Air • Date: 5/z.? /a4 Q�altiJohnson Flobliarby John11 Haley,Attorney_in-fact 14491 Weld County Road'5 Longmont,Colorado 80504 • Applicant: Spin ergy, ,L By ., / __Date: V �W 6G Douglas B. rter Vice President Development 1 South Wacker Drive, Suite 2020 Chicago, IL 60606-4656 STATE OF COLORADO) ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thisday of March, 2006 by Susan J. Troudt. My commission expires: 17//3-/o ( 0 Ott:. ......./ \to Witness My hand and official seal. Np� C L,� �' az� 0- e otary Public STATE OF COLORADO) ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of March, 2006 by as Personal Representative of Marian J. Botinelli, Deceased. My commission expires: Witness My hand and official seal. Notary Public STATE OF ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2006 by John R. Haley as attorney-in-fact for Carla Johnson Hobbs. My commission expires: Witness My hand and official seal. Notary Public STATE OF COLORADO) )SS. COUNTY OF WELD ) , The foregoing instrument was acknowledged before me this_day of March,2006 by Susan]:Troudt , My commission expires: Witness My hand and official seal:' Notary Public STATE OF COLORADO) I )SS. COUNTY OF WELD ) The foregoing instrument was aelmowledge 1 before me this. day of March, 2006 by as Personal Representative of Marian I. Batinelli,.Deemed. My commission expires: Witness My hand and official scat. Notary Public STATE OF ::_C IL' ) )SS. COUNTY OF Oat 11 ) +)d The foxing instrument was led$ before me this) day of ''North 2006 by John R.Haley as attorney-in-fact for Caria 7ohnsonHobbs. My cotmditsion expires: 1 7-1JQ Witness My hand and official seaL 61A4l Public IJ': math oreenot r Comrskmillfola2 {( itt { yy Car rorsp�.cS:I2 STATE OF COLORADO) ) SS. COUNTY OF m)cr ) ci The foregoing instrument was acknowledged before me this39 day of March, 06 by Douglas B. Carter, Vice President Development of Spindle Hill Energy, LLC, a \e\au7o.ct limited liability company. My commission expires: 1 a of p Wit..==< fl' ' '• official seal. �Q ,• fete •.4 111 • • ALISON 1 , Notary Public BENDER s % 4,d'\ :oI ' OF CO ' .- Annexation I Waiver of Right to Election THIS AGREEMENT, made and entered into this day of March A.D 2006 by and between the TOWN OF FREDERICK, COLORADO, a municipal corporation, and Susan J. Troudt; Personal Representative of Marian J. Botinelli and Carla Johnson Hobbs (each an Owner). We, Susan J. Troudt, Personal Representative of Marian J. Botinelli and Carla Johnson Hobbs hereby waive the right to election to the Town of Frederick. By signing this document, we understand that our right to election is waived. By signing we are giving our consent to the TOWN OF FREDERICK to run an election if necessary, but Susan J. Troudt, Personal Representative of Marian J. Botinelli and Carla Johnson Hobbs will forgo the process and not be held monetarily or otherwise liable. Owner: Ar tt Date: 3 .. _ c,(4,t9Susan J. Troud 14491 Weld County Road 5 Longmont, Colorado 80504 Owner: Date: Personal Representative of Marian J. Botinelli, Deceased 14491 Weld County Road 5 Longmont, Colorado 80504 Owner: Date: Carla Johnson Hobbs by John R. Haley, Attorney-in-Fact 14491 Weld County Road 5 Longmont, Colorado 80504 Witness: Date: Seal: I I'it UrJ J IUKt rdx•r14-7oJ-[1w riai <L UV 1V•LV I .w it Annexation! Waiver of Right to Election TIES AGREEMENT,made and entered into this_day.ofMarch AD 200Gby and between the TOWN OF FREDERICK,COLORADO,a municipal corporation,and Susan J.Trou&Personal Representative of Marian J.Botinelli and Carla Johnson Hobbs ,(each an Owner). _—_-- _--— ---- r__— We;Susan S.Troudt,Personal Representative of Marian 1.Botinelli and Carla Johnson Hobbs hereby waive the right to election to the Town of Frederick By signing this document,We understand that our right to election is waived.By signing we are giving out coornt to the TOWN OF FREDERICK to run an election if necessary,but Susan I. Trends,Personal Representative of Marian J.Botinelli and Carla Johnson Hobbs will forgo the process and not beheld monetarily or otherwise liable. .Owner. Date: Susan J.75roudt ---_ --.._ --.-_------ • .14491 Weld County Road'5 Longmont,Colorado 80504 • Owner 'Date: Personal Representative of Marian J.Botinelli,Deceased 14491 Weld County Rosd'5. Longmont,Colorado 80504 • I. • Owner Yeida F /Q'lr Date: .3/2-tia4a ohnson HobbYby JobnR Haley,Attorney-in.Fact 14491 Weld CountyRoad'5 • Longmont,Colorado 80504 312110 WmwaW Urn Date: 312 1 n 5 �[ � —4r sl�n e. Nat ' { seal: • �Il ANNEXATION H SPINDLE HILL ENERGY STATION /JOHNSON FARMS PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK Date: February 6, 2006 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO We, Susan J. Troudt, the Personal Representative of Marian J. Botinelli, Deceased and Carla Johnson Hobbs, the undersigned land owners, in accordance with Colorado law hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory in the County of Weld and the State of Colorado, to-wit: A portion of the southeast quarter and southwest quarter of section 33,Township 2 North,Range 67 West of the 6th PM and a portion of the northeast quarter and the northwest quarter of section 4.Township 1 North,Range 67 west of the 6th PM County of Weld. State of Colorado. • as more fully described on Exhibit A attached hereto and incorporated herein. As part of this petition, your petitioners further state to the Board of Trustees of Frederick, Colorado that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 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 Frederick or will be contiguous with the Town of Frederick within such a time as required by 31-12-104. b. A community of interest exists between that area proposed to be annexed and the Town of Frederick. 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 Ntiith or is capable of being integrated with the Town of Frederick. 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. has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof. unless such tracts or parcels were separated by dedicated street, road,or public way. 1. 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 next year preceding the annexation. has been included within the area 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 Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location. character. and extent of street, 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 Frederick; and the proposed land uses for the area;such plan to be updated at least once annually. k. In establishing that 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 Frederick will not deny any 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 Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to be annexed exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed: b. A map showing the boundary of the area proposed to be annexed. said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map,a showing of the location of each ownership tract in unplatted land and. if part or all of the area is platted the boundaries and the plat numbers of plots or of lots and blocks: d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed,and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to he annexed will become subject to all ordinances, rules and regulations to the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed are agricultural and, as to approximately 35 acres, industrial, as set forth on the proposed zoning map. 7. The area proposed to be annexed is presently included in Town services and water conservancy district, or the petitioners consent to the inclusion of the area proposed to be annexed in Town services and water conservancy districts the Northern Colorado Water Conservancy District, Carbon Valley Recreation District, Frederick Fire Protection District and Tri-Area Sanitation District. 8. Petitioners waive the right to election to the Town of Frederick. 9. Petitioners agree to pay all due and unpaid taxes, if any. WHEREFORE: The following petitioners respectfully request that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgement, the undersigned hereby certify that the above information is complete and true. Owner: . cc a a,,t l r—g-n-�e_cd-Date: 3 -o -6 k Susan J. Troudt 14491 Weld County Road 5 Longmont, Colorado 80504 Owner: Date: Personal Representative of Marian J. Botinelli, Deceased 14491 Weld County Road 5 Longmont, Colorado 80504 Owner: Date: Carla Johnson Hobbs by John R. Haley, Attorney-in-Fact 14491 Weld County Road 5 Longmont, Colorado 80504 • regulations to the Town of Frederick which shall become effective as'the January ry 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed are agricultural and, as to approximately 35 acres, Industrial, as set forth on the • proposed zoning map. .. 7. The area proposed to be annexed is presently included in Town services and water conservancy district,or the petitioners consent to the inclusion'of the area proposed to be annexed in Town services and water conservancy districts the Northern Colorado Water Conservancy District Carbon Valley Recreation District,Frederick Fire Protection District and Tti-Area Sanitation District: 8. Petitioners waive the right to enaction to the TownFrederlck. . 9. Pefttioners agree to pay all due and unpaid taxes,if anyl . • WHEREFORE: The following petitioners respectfitlly request that the Town of Frederick, acting through its Board of Trustees, approve the atmexation11of the area proposed to be annexed. By this acknowledgement,the uddet'signed hereby certify that the above information is complete and true. Owner. Date: Susan L Trcudt 14491 weld County Road s Longmont,Colorado 50504 • (lwn7: Date: Personal Representative of Marian J.Baiter;Deceased • 1449]Weld County Road 5 ! , Longmont,Colorado 80504 • • hoes/ .P. .42f 'Date': 3 z z o ohnson H�Hobby John R.Haley,Attorney-in-Fact • • 14491 Weld Comfy Road 3 Longmont,Colorado 80504 • • • Applicant: Spirt.;11V-14-Energy, LLC By .O 1� Date: S/22/06 Douglasarter,Vice President Development l South Wacker Drive, Suite 2020 Chicago, IL 60606-4656 STATE OF COLORADO) ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me thi�? day of March, 2006 by Susan J. Troudt. �. O� `9 My commission expires: 4( 3(cccLc !Lae poetic Witness My hand and official seal. Notary Public STATE OF COLORADO) ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of March, 2006 by as Personal Representative of Marian J. Botinelli, Deceased. My commission expires: Witness My hand and official seal. Notary Public STATE OF ) SS. COUNTY OF The foregoing instrument was acknowledged before me this day of , 2006 by John R. Haley as attorney-in-fact for Carla Johnson Hobbs. My commission expires: Witness My hand and official seal. Notary Public STATE OF COLORADO) )SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this—day of March,2006 by Susan L Troudt. My commission expires Witness My bawd and official seal: Notary Public • • STATE OF.`COLORADO) )8S- COUNTY OF WELD • ) March, 2006 The foregoinglmtmmmn Wasadcnowlerlg¢d before me this day of; by as Personal ttepresentative of Marian i My commission expires: Witness My hand and official seal. Notary Public STATE OF CR -) )Ss. COUNTY OF triffielt ) I The R#gntog instrument wu admowbd I before me this n day of )-twdi 2006 by John R.Raley u attomey-in-fact for CarLjJohoson Hobbs. Mycorumieaianexpires: %-714 Witness My hand and official seal. / fr as-,, wna+oreencw Notary /5 Public� i- 1ib61e2 Solon/R. IC 7 California dams Cottli • STATE OF COLORADO) ) SS. COUNTY OF 1, ev er) d The foregoing instrument was acknowledged before me this-7-day of March, 006 by Douglas B. Carter, Vice President Development of Spindle Hill Energy, LLC, a OeIQvaos € limited liability company. My commission expires: ( 12,20 IL Witness My h. a , d official seal. .. aetIA-crt-A.R.A.J2A_- „f+e S d • i Notary Public ALISON BENDER I , f Annexation II Waiver of Right to Election THIS AGREEMENT, made and entered into this day of March A.D 2006 by and between the TOWN OF FREDERICK, COLORADO, a municipal corporation, and Susan J. Troudt; Personal Representative of Marian J. Botinelli and Carla Johnson Hobbs (each an Owner). We, Susan J. Troudt, Personal Representative of Marian J. Botinelli and Carla Johnson Hobbs hereby waive the right to election to the Town of Frederick. By signing this document, we understand that our right to election is waived. By signing we are giving our consent to the TOWN OF FREDERICK to run an election if necessary, but Susan J. Troudt, Personal Representative of Marian J. Botinelli and Carla Johnson Hobbs will forgo the process and not be held monetarily or otherwise liable. Owner: Qate: 3 -„2a - 0 Susan J. Troudt rf 14491 Weld County Road 5 Longmont, Colorado 80504 Owner: Date: Personal Representative of Marian J. Botinelli, Deceased 14491 Weld County Road 5 Longmont, Colorado 80504 Owner: Date: Carla Johnson Hobbs by John R. Haley, Attorney-in-Fact 14491 Weld County Road 5 Longmont, Colorado 80504 Witness: Date: Seal Annexation 11 • Waiver of Right to Election THIS AGREEMENT,made and entered into this day of March All2006 by and between the TOWN OF FREDERICK,COLORADO,a municipal corporation,and Susan J.Troia Persanal.Representative of Merlin I.Botinelli and Carla Johnson Hobbs • •(each an Owper), We;Susan J;Troudt,Personal Representative of Marian J.Botinelli and•Carla Johnson Hobbs herehg waive the right to election tp:the.Town ofFredericic By sigoiing'tlus document,we understand that our rightto election is weivedr By signing we are giving out consent to the TOWN OF FREDERICK to run an election if necessary,but Susan3. Troudt,Personal Representative of Marian J.Botinelli and Carla Johnson Hobbs will forgo the process and not be held monetarily or otherwise liable. le. Owner: • Date: Susan J.Troudt 14491 Weld County Road 5 Longttan,Cobrado 80504 Owner: Personal Representative of Marian I.Botinelli,Deceeeed 14491 Weld County Road 5 Lwrpnuaot,Colorado 80504 • �NSF Haley, A 3n y-n4la • Mon Hobbs ohm R JJsley,Attorney-in Pad 14491 Weld County Road 5 • Lotigmmnt,Colorado 80504 • • Witness. ' Date_5)24#' • • i Seal: r tin R• w • • • RESOLUTION NO. 06R014 A RESOLUTION OF SUFFICIENCY TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE"SPINDLE HILL ANNEXATION NO. 1." WHEREAS,petitions for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by Johnson Farms, LLP, 14491 Weld County Rd. 5,Longmont, CO 80504; and WHEREAS,the Board of Trustees has reviewed the petitions; and WHEREAS,the Board of Trustees wishes to permit simultaneous consideration of subject property for annexation and zoning, if requested in the petition;and WHEREAS,the Board of Trustees has reviewed the petitions'and desires to adopt by Resolution its findings in regard to the petitions; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO,AS FOLLOWS: Section I. The petition,whose legal description is attached hereto as Exhibit A and incorporated by reference herein,is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104,and with C.R.S. §31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Frederick Town Hall,401 Locust,Frederick,Colorado 80516,at the following time and date: May 11th,2006, 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing,the Board of Trustees shall set forth,by resolution,its findings and conclusions with reference to the eligibility of the proposed annexation,and whether the statutory requirements for the proposed annexation have been met, and further,will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes,by resolution,that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado,the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Frederick, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED,READ, PASSED,AND SIGNED THIS 23"I DAY OF MARCH , 2006. ATTEST: TOWN O K\\By _� _ � L�►__ By Nanette S. • of,Town Cl •F rya Eric E.Doering,Mayor 'Q rgi a4. • . N r/SY EXHIBIT A SPINDLE HILL ANNEXATION NO. 1 KNOW ALL MEN BY THESE PRESENTS THAT SUSAN J. TROUDT, THE ESTATE OF MARIAN J. BOTINELLI DESEASED, CARLA JOHNSON HOBBS, AND WELD COUNTY MORTGAGEE OR LIENHOLDER OF CERTAIN LANDS IN WELD COUNTY, COLORADO DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 32, THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., AND THE NORTHWEST QUARTER 67 WEST OF SECTION QUARTERSECTION THE 6TH P.M. COUNTY OF WE LD, STATEOF RANGE COLORADO, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 32;THENCE AST QUARTESAID SECTION H32, A DISTANCE OF 89°52'30" EAST N 2619.6G THE 3 FEET TO THE NORTHEAST LINE OF THE ECORNER OFT OF SOUTHEAST QUARTER OF SAID SECTION 32; THENCER ALONG F THE SOUTHWEST QUARTER OF SAID SECT ON 33, A DISTANCE OF 30.00 FEET TO THE EAST ORIGHT-OF-WAY OF WELD COUNTY ROAD 17; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 00°13'59" WEST, 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION DISTANCE OF 2614.81 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 14; 33, A THENCE ALONG SAID 3"NORTH OF AND PARALLEL WITH THE A 30.00 FEET SOUTH LI E OFT E SOUTHWEST QUARTER OF SAID SE NORTH ON 33,A DISTANCE OF 2570.52 FEET; THENCE SOUTH 00°09'27" EAST, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY OF SAID WELD COUNTY ROAD 14;THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 89°50'33" T, 30.00 FEET OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTERE SOUTH OF SAID SECTION A DISTANCE OF 2600.93 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 89°50'37" WEST, 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 706.78 FEET THE SOUTH RIGHT-OF-WAY OF STATE HIGHWAY 52; THENCE ALONG THE SOUTH RIGHT-OF-WAY-LINE OF STATE HIGHWAY 52, SOUTH 08°48'37" WEST,A DISTANCE OF 10.12 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 89°50'37" WEST, 40.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 1930.66 FEET; THENCE NORTH 00°0923"WEST, A DISTANCE OF 40.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 32; THENCE NORTH 00°39'26" EAST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32, A DISTANCE OF 2646.45 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PARCELS OF LAND DESCRIBED IN INSTRUMENTS RECORDED JUNE 19, 1912 IN BOOK 323, PAGE 505; AND JANUARY 31, 1968 IN BOOK 591 AS RECEPTION NO. 1512592. HAVE LAID OUT THIS ANNEXATION MAP OF THE ABOVE DESCRIBED LAND UNDER THE NAME AND STYLE OF SPINDLE HILL ENERGY CENTER ANNEXATION NO. 1. THUS DESCRIBED TRACT CONTAINS 167.334 ACRES AS MEASURED, MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. RESOLUTION NO. 06R015 A RESOLUTION OF SUFFICIENCY TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY,COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE"SPINDLE HILL ANNEXATION NO. 2." WHEREAS,petitions for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by Johnson Farms, LLP, 14491 Weld County Rd. 5, Longmont,CO 80504; and WHEREAS,the Board of Trustees has reviewed the petitions; and WHEREAS,the Board of Trustees wishes to permit simultaneous consideration of subject property for annexation and zoning,if requested in the petition; and WHEREAS,the Board of Trustees has reviewed the petitions,and desires to adopt by Resolution its findings in regard to the petitions; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO,AS FOLLOWS: Section 1. The petition,whose legal description is attached hereto as Exhibit A and incorporated by reference herein,is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104,and with C.R.S. §31-12-105,and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Frederick Town Hall,401 Locust,Frederick,Colorado 80516,at the following time and date: May 11th,2006, 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing,the Board of Trustees shall set forth,by resolution,its findings and conclusions with reference to the eligibility of the proposed annexation,and whether the statutory requirements for the proposed annexation have been met,and further,will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes,by resolution,that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado,the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Frederick, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED,READ,PASSED,AND SIGNED THIS 23rd DAY OF MARCH,2006. ATTEST: TOWN OF • 'r I E K By By Nanette . omof,To ''�y Eric E. roering,Mayor EXHIBIT A SPINDLE HILL ANNEXATION NO. 2 KNOW ALL MEN BY THESE PRESENTS THAT SUSAN J. TROUDT, THE ESTATE OF MARIAN J. BOTINELLI DECEASED, CARLA JOHNSON HOBBS AND WELD COUNTY BEING THE OWNER(S), MORTGAGEE OR LIENHOLDER OF CERTAIN LANDS IN THE TOWN OF FREDERICK, COLORADO DESCRIBED AS FOLLOWS: A PORTION OF THE SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M. AND A PORTION OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P,M. COUNTY OF WELD, STATE OF COLORADO, COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, NORTH 89°51'36" EAST, A DISTANCE OF 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17; THENCE CONTINUING ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER AND ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, NORTH 89°51'36" EAST, A DISTANCE OF 5184.77 FEET TO THE WEST RIGHT-OF-WAY OF WELD COUNTY ROAD 19; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00°33'11" EAST, 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, A DISTANCE OF 1419.00 FEET TO THE NORTH LINE OF PARCEL #38 AS DESCRIBED IN DEED RECORDED OCTOBER 29, 1993 AT RECEPTION NO. 2357270; THENCE ALONG SAID NORTH LINE, SOUTH 89°26'49" WEST, A DISTANCE OF 520.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE WEST LINE OF SAID PARCEL AND ALONG THE WEST LINE OF PARCEL#39 AND PARCEL #35 DESCRIBED ON SAID DEED, SOUTH 00°33'11" EAST, A DISTANCE OF 868.80 FEET TO THE SOUTHWEST CORNER OF PARCEL#35; THENCE ALONG THE SOUTH LINE OF SAID PARCEL#35, NORTH 89°26'49" EAST, A DISTANCE OF 520.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 19; THENCE ALONG THE WEST RIGHT-OF-WAY LINE, SOUTH 00°33'11" EAST, 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33, A DISTANCE OF 325.29 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 14; THENCE SOUTH 00°09'38 EAST, A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14, SOUTH 89°50'22" WEST, 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 2610.11 FEET; THENCE CONTINUING ALONG THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14 SOUTH 89°50'33" WEST, 30.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER SAID SECTION 4,A DISTANCE OF 40.00 FEET; THENCE NORTH 00°09'27" WEST, A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 14; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 14 SOUTH 89°50'33" WEST, 30.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33, A DISTANCE OF 2570.52 FEET TO THE EAST RIGHT-OF-WAY OF WELD COUNTY ROAD 17; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 17, NORTH 00°13'59" EAST, 30.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33,A DISTANCE OF 2614.81 FEET TO THE POINT OF BEGINNING. HAVE LAID OUT THIS ANNEXATION MAP OF THE ABOVE DESCRIBED LAND UNDER THE NAME AND STYLE OF SPINDLE HILL ENERGY CENTER ANNEXATION NO. 2. THUS DESCRIBED TRACT CONTAINS 305.479 ACRES AS MEASURED, MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY EXISTING AND/OR OF PUBLIC RECORD. ANNEXATION IMPACT REPORT ANNEXATION I March 21, 2006 Prepared by: Invenergy, LLC Prepared for: Town of Frederick P.O. Box 435 Frederick, CO 80530 Table of Contents Page I. Project Description I II. Municipal Services 1 III. Special District 2 IV. School District Impact 2 V. Exhibits 2 A. Existing Conditions Map and Proposed Land Use Map B. Annexation Map Forward: This "annexation impact report"has been prepared pursuant to Section 31-12-108.5 Colorado Revised Statues, 1986 Repl. Vol. Contained in Exhibit"A" is a map depicting the proposed annexation,the existing and proposed public services to the property and the existing and proposed land use for the property. I. Project Description: The property proposed for annexation consists of two parcels including some of Highway 52, WCR 14 and WCR 17 containing approximately 475 acres and is in two pieces Annexation I is located East of the Savannah Subdivision,North of Highway 52 and WCR 14, West of WCR 17 or the Southeast quarter of Section 32, Township 2, Range 67. The annexation is contiguous to the Town of Frederick, the line of contiguity runs along the south eastern boundary of the Town, where the Savannah Subdivision ends and along Highway 52 and WCR 14, this satisfies the 1/6 contiguity with the Town boundaries required by the statute. The land proposed to be annexed is owned by Susan Troudt, Carla Hobbs and the Personal Representative of Marin Botinelli (Deceased). 14491 Weld County Road 5, Longmont, CO 80504 This site will be divided into two Annexations: Annexation I and Annexation II to create 1/6 contiguity with the Town. Annexation I will be one parcel and will contain aproximatley167 acres, including WCR 14 and WCR 17. This parcel will not be developed at this time, the owners may request future development to occur. This property should be annexed to the Town because it will extend the Town's area of influence without the necessity of providing any infrastructure to the property and it also extends the Town's boundary along Highway 52 and along WCR 14. This area would also fit into the Comprehensive Plan for the Town of Frederick by creating buffer and allowing for future development along Highway 52. The land is currently zoned Agriculture in Weld County. In conjunction with the proposed annexation the zoning will remain Agriculture in conformance with the Town's Zoning Code. Adjacent land uses include Agriculture and Residential. II. Municipal Services: Municipal services for the Spindle Hill Energy Center Annexation will be provided the following manner. Electricity There will be no need for electrical services for this property due to the fact that there are no dwellings on the property or need for them on agricultural land. Telephone There will be no need for telephone service on this property due to no dwelling or need for them on agricultural land. Water This property is not currently served with water and until it is developed it will not need water service. Sanitary Sewer This property will not need sanitary sewer because it is Agricultural land and has no dwellings upon it. Although if it is developed in the future it may need sewer service. Fire This property will be protected by the Frederick Firestone Fire District upon annexation. This property will be included into the district upon annexation. Police The Town of Frederick Maintenance Maintenance of roadways within the annexation will be provided by the Town after construction in accordance with the Town specifications and acceptance by the Board of Trustees. Financing the municipal services within the area to be annexed will be addressed, in an annexation agreement between the applicant and the Town of Frederick. The annexation agreement is currently under negotiation and is not available at this time. III. Special Districts: The area to be annexed is included within the following special districts: St. Vrain Valley School District, R-1J (Excluded) Frederick Firestone Fire District(Included) Northern Colorado Water Conservancy District(Included) Tri- Area Sanitation District(Included) Central Weld Water District(Included) Weld County Library District (Included) Carbon Valley Recreation District(Included) IV. School District Impact: It is anticipated that the annexation will bring a benefit of the St. Vrain Valley School District R-1J due to the increase in valuation, and will contribute 0 K-12 students to the school system. Spindle Hill Energy Center, LLC will contribute$50,000 per year for the life of the power purchase agreement to the St. Vrain School District R-1J to fund a teacher in the Frederick feeder school system. V. Exhibits: A. Existing Conditions and Proposed Land Use Map B. Annexation Map -'I LOCATED IN THE SE 1/4 AND SW 1/4 OF SECTION 33, T2N, R67W, 6TH P.M. COUNTY OF WELD, STATE OF COLORADO _ . - 8s i, E s� 1 .- . n 11 I 0 f' le ----, w i t ''' S.2 r;r. 0• ......-..- .'\ / Rifr I I !I ' ' till ,,._ , T Il•••• g _III I\ !• ~ � • ♦ Y .gym to vt us r� �� g I :�► f 5 Z •,\ pi • II ,..y: '•. afg., i --,, ' 6 • - I �' •i•/ �� S } p i ... .) l° d l k ,� iil \.,,,, ,I ...„.\\:: i .,1 - ilk ,. .• N., \_ il i z 'O a N 'l J •• �� - _ .N i}I1; X31U US1id AO NxdJ, 1NLLSIIca it • r- • • 1 RAWN BY BSS FILE INVE-06 VICINITY MAP DAVID EVANS AND ASSOCIATES, INC. DATE 1-30-06 SPINDLE HILL ENERGY CENTER ID Q Colorado 1331 17ttho�r.t Suite 900 SCALE 1"-=120O WELD COUNTY, COLORADO Tel: 720-946-0969 I Fax: 720-946-0973 CHECKED BY GL Engineers• Surveyors •Planners DESIGNED BY ------- — ---- il qqgYg H .e £ g is 93 g4 ¢¢i IV dill i !ill!!! . -f8I a4 a I 1 1 ; !Yili : IIIiii 4 i gage' x edges $ il � � E s �; S zil triVI Ellia Igi pligill ly ill .1 I ! i i i !Idlilliiii Xi I:1 t 1 g ii! v 1 t !-g.P.4. mir ollii z O U d* ny hill a R 8 8 8 a l g "a lI a 11 X9 ;I :1! 1 h R1 Hi C: ° �° �v dap * 6655 i W 1; ii i`; ggg ; ! 1 fafiY G .. ;� e; £ : Gil lif g i R I . 3 3 t' ; LK J j4 I! 7 I$ 5laen A° 6666 A CI— f3.4 .. t i 9lP ! iini! r ! ! ii8� Ir Q O g ►,�-� rxo i }! pp „ elig5Idryp )4741 , 0 gi x G. B; i e tlx % ! b i S A) 3 l l d L ow z ~xOM iI 9 itI! I; II III III1I $ Iis g it k-4 c(3ick .4a; — "N9 i a P @ ° d ; ° g !e 11 G, O i ;let! 1 Ali: I a x w �, 1 VII 5 l" I li 1 f ids e ., K I N z a I �ig., z I . V4 g xa I aW. n i E ,I ; rta i ; @ fia = ; a I �j q₹ [r pe 9 6 9 a, a q n 4 0 z F (8 i 4 ° it i# G IE a Vet i. e a e^ a fig x 1 a ;I e a a CD o a °I°AM ;lit; y °� x� x� �' "� a Wig �' a e =n °1 I!lyil; 1 Ag a:g . I i' w1 ii h h III i' Bi a g, as .& k nil' ° gZAr gib Za x t- i- 6 i !I° 1 xi T t• t ti 1 e i OM 4 la cii x o 1 ?; 112'121 " ; :1 rig! I5 - 6! II @I it I I lix .. I°; II ; 01 Pli 1 ; 11, 34 ; SX ~ g;Pa o f t k a i t ". .: i t= e Fil 'Is';'''. ' (.. .- t_ �r ° g 2i . s-A.J.-- . V V. -g . ' `..- '. .. €D I, kti..,)0!4;10gii 1 ' ; i" '' : -- a ari y q Alt g till! rg i 'e - NE 1 TO id ,i'ii'6+ei �fribi ^BIY• •0411'111! € Willi aye' d giii G_p 8 IHRIS HD.LVIN 5SEa N ' ' --" r!! n mac ..xr_ R i' ; 9 li I. @ o Spa_ is �_ gi all IBIS' ; Enz ipa� g a si Eat Engig �Il ialP 3,1 eaeiUPI fq °e ham . . a oa uanb --=.-4-491".4--= ._.L J !;gePC.- !iLa m vacaf I q a g g i �a !l —E! I It!gi n RP rq fli NCO E h r CR + �� Y i �! i !Alb !l' I°!iii o /ti W r u M pin w111 Igi! ? ti i s!A g aFL e a �q P a 11111i -Vol"Qy�N F Mp,-W 4 I 1 J_W l'$+0P Zb Li- N I �.$ W o�o� �l. �g °!list z w Z mix iS• by ° ! 4 � Z `.fL— U QO" nki ! Z e ! 2 N a. Sil _z i ig.j s f or bn pp .r ,`•.. I 1 e v g ei ° ilatl "!a$ xyli ti ce bCWin ii 0 191Ti 'lei 3O4 ata_fii !€viii ebEE E ® f.: -! SF'��T U. ', e� 4k e.4ar. - I 111 yyggye till ! § 'Wahl 7' i�• w -only, � I q ii. bill 111111 ddd 's III //8/t i e r '1 ill �iIal of ill 1311 h 0 4 t — -- t! w`� `�----_—_ -----T--1� L hill .T e.4 e� - III nil 3C'� ;a i� ., ■� 6 eels e; lI I'6,• j nekw n Ygtj \ is ili `+e ? @-� 0 Vii p .n A¢1 F W 4 `v ' Bo.. I e4 �� I,I I eaelJ rc� nilA Ai 111�� il, �S YF III Info i Milli iii !P 4<1 if a( `y��/ gg 7 y !'I= Ici:i1HP w' xxo 'Z��� �ydin L � i \'� r P.7 o�Qo ) it HI 9. 1 `\ nW 2 i lt w � E. M . e € It 0 a° 141 \ 3Milli O c)27 '% U ao" \ i 1 Nu w3 III si �� ii!E llqi ie O,9- j qS g ICI reF� ii T a S p�7 • lil ¢ �! SG I I 7eigi It ! i i: �--ik � illR: I b �i e� :i Y th k!l 3 t iiiI ll di bill! i - .III; _Ii Z 23HS HDLVW f%O, vF !! NW . '-! V4ii46 I. Ie1E5¢idmi IIIPet M.; ANNEXATION IMPACT REPORT ANNEXATION II March 21, 2006 Prepared by: Invenergy, LLC Prepared for: Town of Frederick P.O. Box 435 Frederick, CO 80530 Table of Contents Page I. Project Description 1 II. Municipal Services 1 III. Special District 2 IV. School District Impact 2 V. Exhibits 2 A. Existing Conditions Map and Proposed Land Use Map B. Annexation Map Forward: This "annexation impact report"has been prepared pursuant to Section 31-12-108.5 Colorado Revised Statues, 1986 Repl. Vol. Contained in Exhibit"A" is a map depicting the proposed annexation, the existing and proposed public services to the property and the existing and proposed land use for the property. I. Project Description: The property proposed for annexation consists of two parcels including some of WCR 14 and WCR 17 containing approximately 475 acres and is in two pieces Annexation II is located East of WCR 17,North of WCR 14, West of WCR 17 or the South half of Section 33, Township 2, Range 67. The annexation is contiguous to the Town of Frederick,the line of contiguity runs along the south eastern boundary of the Town, where the Johnson Farms/Spindle Hill Energy Center Annexation I ends and along WCR 14, this satisfies the 1/6 contiguity with the Town boundaries required by the statute. The land proposed to be annexed is owned by Susan Troudt, Carla Hobbs and the Personal Representative of Mann Botinelli (Deceased). 14491 Weld County Road 5, Longmont, CO 80504. This site will be divided into two Annexations: Annexation I described in a separate Annexation Impact Report and Annexation II, to create 1/6 contiguity with the Town. Annexation I will be one parcel and will contain approximately 305 acres, including WCR 14. 308 acres Spindle Hill Energy, LLC, a wholly owned subsidiary of Invenergy, LLC, will be purchasing approximately 100 acres of which approximately 35 acres will be zoned industrial and 65 acres will be zoned agricultural and will be placed under a conservation easement. The remaining 205 aces will be undeveloped at this time and remain zoned agricultural, but may be changed in the future. This property should be annexed to the Town because it will extend the Town's area of influence. It also extends the Town's boundary along Highway 52 and along WCR 14. This area also fits into the Comprehensive Plan for the Town of Frederick by creating buffer with approximately 75%of the 100 acres purchased becoming open space. It will also bring ongoing tax revenue, $150,000 for ball fields to the Carbon Valley Rec. District, $10,000 for a playground, and water rights to the Town of Frederick. The land is currently zoned Agriculture in Weld County. In conjunction with the proposed annexation the zoning 35 acres will change to be zoned Industrial and the remaining 270 acres will remain zoned Agriculture in conformance with the Town's Zoning Code. Of this 270, 65 acres will be put under a conservation easement. Adjacent land uses include Agriculture, Commercial and Industrial. II. Municipal Services: Municipal services for the Spindle Hill Energy Center/Johnson Farms Annexation II will be provided the following manner. Electricity Will be provided by United Power. Telephone Qwest Communications Water Town of Frederick—in negotiations. It is anticipated that Invenergy will build a 12" line water to the power plant. Water will be provided by the Town. Sanitary Sewer Tri- Area Sanitation will provide primary service by an individual septic system specific to our site. The property will be required to connect to the St. Vrain Sanitation District's sewer system when it becomes available. Fire This property will be protected by the Frederick Firestone Fire District upon annexation. This property will be included into the district upon annexation. Police The Town of Frederick Maintenance Maintenance of roadways within the annexation will be provided by the Town after construction in accordance with the Town specifications and acceptance by the Board of Trustees. Financing the municipal services within the area to be annexed is to be addressed in an annexation agreement between the applicant and the Town of Frederick. The annexation agreement is currently under negotiation and is not available at this time. III. Special Districts: The area to be annexed is included within the following special districts: St. Vrain Valley School District, R-1J (Excluded) Frederick Firestone Fire District(Included) Northern Colorado Water Conservancy District (Included) Tri- Area Sanitation District(Included) Central Weld Water District(Included) Weld County Library District(Included) Carbon Valley Recreation District(Included) IV. School District Impact: It is anticipated that the annexation will bring a benefit of the St. Vrain Valley School District R-1J due to the increase in valuation, and will contribute 0 K-12 students to the school system. Spindle Hill Energy Center, LLC will contribute $50,000 per year for the life of the power purchase agreement. to the St. Vrain School District R-1J to fund a teacher in the Frederick feeder school system. ' V. Exhibits: A. Existing Conditions and Proposed Land Use Map B. Annexation Map w O 7.2 cC;Z tit 4 ; - " A 1O 1*. o J " tilt, A - a• a - Ire, \ \\� \\\.\\ CO CV a o ' N a > d° t5tp a . J rsaa EIS \A' ,\\\\\�\ L K E g I c L 3 3 1 c Q d \\\ \\\ \�\\ \ L. W 0 _ 8 &;, d v ' 8 a c$e >\\\\ \\\\\\\\\CO a s - a c u< vV A �V\V V� 4 - u° ■ a L � fxii b "' AVAA�\VA A k Ai Zo 00 t O a E P d p d• U w pg is _iert n to W Sysig ii W Idoziu°l £n� inw n` wil @U c-11 . b �� T_w -a � c Y 51IIIIIII1111°-O°-Cel 471 ilia iii.,- ilasLr A54 a I W _i m �pk 11 '■', E l i .- IUh lI —tee it _ g LL `1Y��`7 I - Pl l�IEM h• C 1 liiiiil 4 :vso rri 4..... H . d_,_ mutisa OE) ----I% 3 MI wk ( ‘'' it I ralic p".• i y �� r' yJaL 83 'fir F ' C \ 'i , L 1-,_ 1 ,•., 7 ,„„„... 3/44„..., 'Y.��-�._t' 1 e �.,� z 8 Z ' IIIts v�VvyAv:� \ r i f , a vj 7 PI M I [ � R � �__v.._ kundD iaPinaB o I LOCATED IN THE SE 1/4 AND SW 1/4 OF SEC11ON 33, T2N, R67W, 6Th P.M. COUNTY OF WELD, STATE OF COLORADO I g i 1 1 Yj 1I ... I V 9 his R ?4 *el§ lI + 5' * " *rue t J� i WW J � pp _O s3 jig ) •e ``. y e� V I ••••• i N I fI �f 8 1 ;l t. O1, kg O • I , .� V �ii �. � �a: I ID r..-- se}" q 4 'I �i� _ „, , II �@ 2 IL i • ■ �- i \ i I . I o . .... ....J !, 1O I� I. Z W . •I mow= tom, nth mown '-,3 n O ~+ t.. DRAWN BY BSS VICINITY MAP DAVID EVANS AND ASSOCIATES, INC. FILE INVE-06 DATE 1-30-06 SPINDLE HILL ENERGY CENTER 00 De�ve;17th Street 60202900 SCALE 1°=1200 WELD COUNTY, COLORADO Fax:720- 46- 969 09 3 I CHECKED BY GL Engineer.• Surveyors •Planners DESIGNED BY 4 99 p Yt . t$ 1y `-8 S 2a1₹ : EII qi ic _ t SP i ii9 Pii , A 0A ii 5 a : goo= c 11 4 'IIII?T gel i g e , 6Nm ggli 5l`& I I� I g Gi' I .6 1 5 ::•GCC- Q 1 r . 4 Pn a K. o y ¢¢ y W iY Iy 0 6i 6i 1 x a Kalil It—In Z 4 II 6 g :6 @I! y pQ e.. Fi C0 t g 6 �_ CAP I t o ied RW Q1 6 11 I P b p P 96966 4 C c t Lam x6 6p !a a g sK lib Q ; - ; y ! ttfi 7a %!$ x iR GI 66 6 g 66 66 8 ozo 6 $ xl as i�� 3= 9@ � n P ▪ W d Q ry6y yi g w g,:f. 0 56 !b 1 Ighlil • m iilip w Jo S:6 X G66. €ei €R B g y Si,: 1g x i as .g Ni I OF! B 0 u 66 .d 4 ik i i IKR el: i i i it 9Y I p QNN^ pt (y 9 ",, W i . . @ q 6!Yi 3i 1 YE a � h d P xe p-1 ZO io 3 N l b �aw - g1 4 @� a �p II 3[ y 6n B V N a i 14s;. , M3 ae6 by h A g� E ae a ca t 6 5 6 ]� a 6, �8i ypa g �j p aE {a. R 5 - _ C Z Z ills i ` I ii I ka b ib2 I 6 h c2, S N; b 1` 6 ■N 6 6 6 N OJ g v � g� j�Gs pi iy{ggi tq i 56 1 Y9 33 . b Qi I 56 i p0 . B6 . . . '.$'f _z A ";!'l a il 40,4t; at qr6 7th tR6 y i IailG I a 66 r N3gi ! Y ! 9 ,.- =13- 6sz4v 3 X c €q q � ia Agg a¢in Z �y a� R� ' age � ibI IR 4g1 4BI ippf i _ p1 b g' gb q 1 gm S ,sio @a g� g:.Em6! 4'6 i�a li :i ra § .c2 ih b S a I. l Ei,g t ie tg rr i p 11i$ cc Qs id rr;) • _ i•'M9';. ., ' _ r""-=' L.' V` iii!e1! rr c C --......._.•• :-i—.__: .. •: r----f ii;_"s I ' F 6tVli I . ' f . •. ' . 5 Y"` 4e iviT,E �� go es I 1,ri'10:17 e o �1 y �1�e z-1 a 4 .iffilddi•afIIIIIII iiillli allile` kZI F9 Ell'ilg '4.%.%-r“ C ,L33HS HaLNFI N __� I, QlI n N 'r c III 4O 0 0 "Oar jig �:s Isla_ pe �- � �n im ^e 0T'II §aaeg 9 Lau 0o M. Lannna z arm.uunm __a an euona _:�. - .+.. �F Fe _ i66668ii W_ g ggSy St IY1 l 3i?aoi K J h a¢ n ill nci_ g U 2 01 gG t b -I�t Fng i I'll' rt r3 0 i i4Igr ICI =FU, I ypa� Piz 'I' `iS ! o v„.., U :6Hg Gii. iiji „ q s II 1.. R a WFOM I n in wd hR Ma W pI l $on H MnMx N " eb !! P. o"3" �N y. Id W rL4 g U @'. I U c.) wQ� C �$ by Ib� Z "- [E " a I O `I - a G I iZ nN cm Salkk' IVI CI- 0= k sfi "VI r il t F o I't. € Grit g kc '13ajl un Ig 12iga .0 d - - nun [tt'Waz) 9.ast.00x .b lL till! ¢ 4cg 8a§i tii4 9Y'k 4:1 -; 5 en ;w (4 3� fie-` % Si 9 3Y Z 9 1_ i @has z'i S°;— IlII,Itl IIII'a� 1- v.'M! "SWIM .!a!• • 1111111 Vint `s 1 env, g; eF ' Iii i Pi a. of IA L B .___._._ ._ _. 11 �,:�_ ___.°_woa^ u!_ _—.___ I- Y-V a lil x, a� • Bg we i gri e¢ lllld=eg pF�a a e gg= ig .. ; I= d l=F N YK 9 'll / Rb ` • 4'i p Aa III ggi IW.I / e ��/ &' x�' >-_�� b11.7fl.,_��`,. l3 :I I I Belli E s \,, !ii. .III 9 B ww . � it ,, l ig,_ r IBy' .5. J aaaI�= ,� "� gggqqas ��� j� If[3[€? I egge8; Oo, i I _ sfig m &e Pf °vs it II: "� i' IeS gL H a f 1 $Le h =xo oW F �— I4sotl9 ;OW �HJY 44 S~�M ₹ f- ... _ *root'- - - _ _ jl __+.uAm- �I g W W b gg 'EL- � L' �j / I?d B a a��,,, a �� lit W 1. Hnpw ..'I a� �4 an W V, g l III! z ao3 ��.. om ` WEzo 831 _ ' i& 21A ma m¢.. .. N 4fef; Hi Z “� z i co oo'o ,.\ a Nei :i I. .p.s =N . I • II•lI p99(E =a0. �ry PA. _ :ail min �� I I l --la =3 III `5 mI ea_ n �O 5II ��� 1 see 9 2 s:il o eg 'F a= 2 re < i i ' }a s a B -k blli r 33 Ypp1ypy� �. <Bpi 6I I: gal ej ww le 111 flf��d l s e. II 111—;_ �qk\\ Ill US Z L��HS H�LVI1 -; 5fq q ® u'} ag S2a l E '%8 ,A 4yE£cb yy YR u 'E�6Ck ; ` tv¢'p Y YI $ Li. A 9 Fai L M R R.C'k y7! § OE siY h Rag ®g5 I 4 b $ 4' i; S'R � [ k g $Isg g nq� Cl:.. on kppc E p8 t3� 3 gg�-I a E R i• e ghsg;b " I u Lx3C6 CE 6 „II ?,: { I s bb B g s h� p R5fA�b 9 $ 8 _R_ II ! `8 6 ° a s a Y 6L Y t [ - y g_ �__'_ -- - F - a ib_2--.._ t 1:iri2 it I ili J1 I t 1 j 'i id I i i III! i ft pg 954 b ° ggF Agg!ggi 1 kL5 a 1 gY£ 9 44i g9b IY axe 9 €l Ip ;g Z a€ 3 6 awg ! Aae �I O_ oz g illi:ig F N& _Ag . 9 gla ow § iii aaa �' `� g n b $byg Ye b 4g S 3 al a Iffi"!,3 W F.-.1` a 0g@ b A " 56 bf'b g x� hi X g�g" _li AI '^�h f e c5 �" b- In R@ x ' $ ��gg g P L >t €8 k €g E Et g t' z o z z oo� i A 51 Egx'b i. 8g• 8 °b 4f eA t ii k 5 8 ; 4 pf g 5y� �g� ^ N Q tyhbh[ hd. gp• R ;, ?eP 1 .x [g "'ti : , NPg �y SY6B5 4 O• 2 0 0 Pa 9 �i d 55 k id p g -9 la i4 g b y Y pf I a Iiiiii i �i o i�p� fF� g�� yIy hb 5l 'h I Y' B�� "h@ a b! �O a ig5S !'@ e I - w O3LJW2 III I!. 9g I9 sI6' 2 12 .1 (§ y$ g ai I@ ge 9z :IX �g� k al UO OEM A-if .B2L f 3ai8 bg. � i9 by tlk pYi i- i8 e a a s :IX !silt .$ F w •oLd�`. b €'€ S e ',nil : gg &3 ti b b i `b b ;Es Es III Z w n��a� � $ebb b a €9i H 3 ( 3$*, •€ t y Yg R r a 2 - b3R @ s g � Sa a °ui °8C Ry% €P €b Yh„ €p 9 §2'C h tit h o k $a`" 3££$8 y Y W W z w m ggz ith g bR 4 i Q` 6 gg h b 6=₹ " h ` 9tl u u0 oew § 4R -x2 Yh g° B $, '�! gf! N g. 'r3+ ,syt € @- ix2 "h3 e € e !7 z• 30 d pX I a 5 65 5S¢ 65 16h 5II 6§ aI I: EE 's$ $.I shy $ y a EE '^w "' - - C r S Wily fze a g� re [gf A Rg g8 f gyp 1. e R $ E Q�J a.o 33 o z 3 §ib b..s2 b g!.. 19i@. I la I@ Iii I I#. .A I; x@is ivx lie a ; F�-I w°¢�'z l gg@€ A" y ' gg e@ qq gq is ill gy3;p a ryE9 f q g 9 t °a a € I f] i a s €$= tee Fg,' F3d Y & S #f � Yk !Yb £k @ik S "s 1"€5f € $ Ft zO O BOO W ~ z U FT c t v y T ha x s • - • . v z3.Po` 'It,' 6 A oo r F . • . f 4 .k; 4 • v g 0 W u W a0 fL yL z �1' E ti > .4 A r i. h IM a �-s.- tiS g. ✓.si S Y z g g F^-1 a ,�'''t 1.' A- ' ^ it . ^u ,- _ '9 geg₹ g#g`I' - e P. r • ;i% ` a ' � n xel . g. 4I.- N i < g Q-i r� r I. R q $R ' h • h -$ b .. i C/] I 1 .. I PrII5 I li ₹ig -yi_g as b �G 9 F ,4 � a4_ @ In s xt Ear -0, tIaa, N5s03st ri:URi1PIi. lc 1 fw1r I f 1 Nz in I. L t!°¢ pbi IIh $k€g bg • & A9A il tgl 44a8 G sAi n •e t ? 8 ₹₹qs( I2h6 ._ < ="___c: " _ \ #s 1,41P ,4 s. _k€,€,'o sYY'§ lice °�§ b- inn 41 145qi ! • L. —, �I1 ), - s >— , AR'''`€€" 03hy2h "si+fi$ a P. f3 �"S.F a "s ., .I C i - f: ,t Ir- yy 4b i $$ ; -- +" r tl Yxab5 FYf. i "4p €g €is 4 $ ₹° eY4 idl E .. _ _.. A l Z !�SidE .[af32 €���14 . a .6.9t F�P4� R�.� 8 9 X.3 ®y 11 8 o WI � E .493HS }nom �' _.... ba�� i iiiiigiW Z 1O _— ______ a B ii PI lu a g -1 • 851.1E; 3i Li a£a gF�6g Mpg pa y Z t. ' er- 0-1'63''`^ � 3 tlG hi (;,i R g• w gBOB g qe • HZ -.. . Ef 92 NN / !R O Wa F. p YRJEtN. gggggg [d H� N2 £ \off! 5 nor a r a ti' 'e- • O zO w'a Kt tM 4 ozot pp s3 jj � k. 5 O K Ryg + R 1951 g ;' Pi ph@ p�SE Al� 4, 3 Iii i NN OSw0t RL3ut E2 �Na tit f&j g `�B 0l � 9' gi:7 3L a W U3 W `Y _,.tanm aimw=ma n •.e£[L oox _ _ _ Ant UOONr� � K Ei �WWWW a. Milt,' j W -Oro.'O R i W 4ZWCn N 55 x` 0-41 i/N. - 0 Lop-• Z W iO- 0-w �, R yy F \\ G: 06.O W wU' 3 M J e PV-21E \\` U �ozoz r�E € @ c y\ f W f-a -oZ [o=�0o ~T.z U y/ h a Ti c ni I-6O n4 \� t r(36 W a w� zw rWa. b.4 Z a ,P 5 41g la a r ..I g i Al: , jR .ii P. 0 Om an ' .? R0-.43 84F 4 .// / r / . ..1 r / " / /vr te¢¢ $$ SIAPII1 AJAD Ai! AoIaaaaaa AO NM0,L `JNI1sIX < , dEE ;$0-R4S p lkA r rang ys'3 i-2aYh I 5 _1 sit N- o :IL E ;Alin If. <E8Te8 $ E 6 U thin o a •IIIiI ₹Ea` 4 lite hi 5.8 I fill a d O 'Li it ZN[ f -� a 4E a_ p f s I:p` ' 888 ill F5 g gg O 4 5'u Tx t r°3 g ` . �q A` FR n 3 f � 'a• a+.2 § 3A�9 F„t 1/1 O [ k� ' i gP.3 !I EYOtl A1M11Hi E . l t imoos ...2.9,2"....r.44'"?- :i�l-y Y Y Y!1 M W Z /p,e Yy... t -gat Y I S S a P Z_, 5 AO � 3Q ad I AC 4 $z 41 hA 4 pe g@p¢ S I '' Y q3q� a n g: 0411 Z �!h! rtl3 Hni,� l.� 1 , i e46$ � oaxoo gx f$ ., ._..__ -.__.._.. �� Mil pggp8lilid J0.00t2_' '1 - Y- e " #r� €3 a.11 eeme B3§ a Z W 0 a Ib E% E Wr3,o M by�#I\`k¢4 4 I iE.Es_t 2sY p6 @( E-t K O W W W „; CSe . 1'r 1 tY4 o iS 6 d /� wnF-I---aM '\6, Si .%) ®®®ggpai �• . ,& O E w�ml- c ₹� L. s ...sr O o_3 rjIW .14 E qe O0 _.p.W l9. ym IE • 3t v � zN'o3 uxi 2,41 oE< �H �m fl g 4. ill zm C ,21-(5z°2 L, OWU4 1 Mal usI 4 l..J Z O U '\ '.R us cn 1 ( 66v o Q z i t O.'I WWLerz „ s W S J Q f 1 Ii kX 4 Z �SS�F ; %' p A.l i W D Z .4" • rt, sLro I! S 2 li l AMShi Xtl� it = LLz •i 3,t E %zP § xwq I o a _•—ae �p°p _.T--. ._ Z lfleH5 11011TH I', -..._._ " Ii ii Q I Z �._._-..._-_ Tait I--1 ____..._ 3 G sal Iigr lb t ➢ ` 3_ r^ 1 , $6tq=" 3 2� ii c'y; \ Z s !I f, iii$ h_3xE a"4aX 'py,Eo2 Hello