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Home My WebLink About20060160.tiff aYl NW81 Milliken e December 22, 2005 Clerk to the Board of County Commissioners PO Box 758 Greeley, Colorado 80632 To Whom It May Concern: I am writing to you in my capacity as Town Clerk for the Town of Milliken.. Pursuant to Sec 31-12-108.5 CRS I am enclosing the annexation impact report for the Flack annexations. The hearing for these annexations is currently scheduled for January 25th, 2006. Pursuant to Sec 31-12-108 (2) I am also enclosing a copy of the published notice of the hearing together with a copy of the resolution and the petition as filed. Should you have any questions please feel free to contact myself or Town Planner, Danna Ortiz at 303-833-1416. Sincerely, Gayle Martinez Town Clerk kKETIA� ,� N1 r, �L, q C( 01 2006-0160 t -coq —a' RESOLUTION NO. 05-34 A RESOLUTION FINDING THE PETITIONS FOR ANNEXATION OF PARCELS OF LAND KNOWN AS THE FLACK ANNEXATIONS 1 THROUGH 6 TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31 -12-107(1), C.R.S. AND SETTING A PUBLIC HEARING DATE ON THE PROPOSED ANNEXATIONS. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN, WELD COUNTY, COLORADO THAT: 1 . At a regular meeting of the Board of Trustees on November 22, 2005, the annexation petitions for the Flack Annexations 1 through 6 were submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12-107(1)(f), C.R.S. The locations of the properties are described on Exhibits "1 " through "6" attached hereto and incorporated herein by reference. 2. The Board of Trustees reviewed each of the petitions and found that the requirements set forth in Section 31-12-107(1)(f), C.R.S. had been substantially complied with. 3. Pursuant to Section 31 .12-108(1), C.R.S., the Board of Trustees hereby sets the date for the hearing to separately consider each of the annexation petitions for January 11 , 2006 at 7:00 P.M. in the Town of Milliken Board Room located at 1101 Broad Street, Milliken, Colorado. Notice of this hearing is to be published. 4. The purpose of this hearing shall be to determine whether the areas proposed to be annexed meet the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S. and are eligible for annexation. 5. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing the properties which are determined to be in statutory compliance. 6. The Town Clerk is hereby directed to give notice of said hearings as set forth in Section 31-12-108(2), C.R.S. This resolution was passed by a vote of 7 in favor and 0 opposed at the regular meeting of the Board of Trustees on the 22nd day of November, 2005. ATTEST: TOWN OF MILLIKEN: x,618 60'2 L creC- Gay Inez - Town Clerk Linda Meas er - Mayor � LEGAL NOTICES'" ,..t n,`. s¢ , CPAXLP MERIDIAN, LARIMER COUNTY, COL- distance of 2646.15 feet to the Southeast ORADO AND A PORTION OF THE comer of said Section 35, tast line continue i ° ;-3• ' NOTICE OF PUBLIC HEARING SECTION1 TOWN OF MILLIKEN NORTH 2S AND T UTHE ENORTH R /WEST 5 004) OF 12628"hence leaving for a distance of 30 00 feet to N'.. . 4 4x)k; ° USE BY SPECIAL REVIEW QUARTER (NW 7) OF SECTION the South right-of way line of Larimer Coun- f. 'c� - PLATTE SAND AND GRAVEL 1,TOWNSHIP 4 NORTH, RANGE 68 ty Road 14; +.4 WEST OF THE 6TH P.M.,WELD COUN- thence run N 89°49'07"W along said r 1',-de,"4t The Town of Milliken will hold a Public TY, COLORADO KNOWN AS THE GBH South right-of-way line for a distance of e Meeting before the Milliken Planning Com- ANNEXATION AND CONTAINING 538.24 feet to a point on the East line of -* , � - mission on Wednesday,January 4,2006 at APPROXIMATELY 321 ACRES. KLEIN 125 ANNEXATION; -7:00 p.m.to consider the proposed Use by WHEREAS, by Resolution Na 2005- thence leaving said South right-of-way .!,Special Review application for two asphalt 27, the Board of Trustees of the Town of line run N 06°16'01"W along said East line i batch plants and two concrete batch plants Johnstown has found a petition for annexa- for a distance of 30.19 feet; and longer hours of operation. The Board lion of a certain parcel of land,as described thence run N 00°10'53" E along said i of Trustees will hold at Public Hearing for in the attached DESCRIPTION hereto, to East line for a distance of 30.00 feet to the the same application on Wednesday;Janu- be in substantial compliance with C.R.S. North line of said KLEIN 125 ANNEXATION 'ary 11,2006 at 7:00 p.m.Both meetings will 31-12-107(1);and and a point on the North right-of-way line of • be held at the Milliken Community Complex WHEREAS, after notice pursuant to the aforesaid Larimer County Road 14; at 1101 Broad Street. C.R.S.31-12-108,the Town Board has held thence leaving said East line run N Platte Sand and Gravel is located in a public hearing on the proposed annexa- 89°49'07"W along said North right-of-way' fr. Sections 26 and 35, Township 4 North, lion to determine if the annexation complies line for a distance of 1317.31 feet; I''' Range 67 West and in Section 2,Township with C.R.S.31-12-104 and 105:and thence run N 89°49'20"W along said '3 North,Range 67 West. WHEREAS, the Town Board has North right-of-way line for a distance of Copies of the plan are available for determined that the requirements of C.R.S. 782.72 feet to the Point of Beginning. , . public inspection at Milliken Community 31-12-104 and 105 have been met,that an . Complex. Any person may appear at the election is not required, and that no addi- Containing 158.74 acres,more or less, :'. public hearing and be heard regarding the tional terms or conditions are to be imposed and being subject to all easements and . matters above. on the annexed area. rights of way of record. NOW, THEREFORE, BE IT .-Gayle Martinez,Town Clerk . ORDAINED BY THE BOARD OF GBH Annexation No.2 TRUSTEES OF THE TOWN OF JOHN- LEGAL DESCRIPTION Published in the Johnstown Breeze STOWN,COLORADO: A portion of the Southwest 1/4 of Sec- ': December 15,2005 ga. Section 1. The annexation of the unin- Lon 36,Township 5 North, Range 68 West corp orated area in the County of Larimer, of the 6th P.M., Larimer County Colorado TOWN OF MILLIKEN State of Colorado, described in the and a portion of the Northeast 1/4 of Sec- NOTICE OF PUBLIC HEARING DESCRIPTION attached hereto,and hoar- tion 2 and the Northwest 1/4 of Section 1, FLACK ANNEXATIONS 1-6,A AND PUD porated herein, to the Town of Johnstown, Township 4 North, Range 68 West of the ZONING SKETCH PLAN Colorado be and the same is hereby 6th PM., Weld County Colorado being approved and said unincorporated area is more particularly described as follows: Notice is hereby given that the Direc- hereby incorporated and made a part of the Considering the East line of the South- tors of the Planning Commission of the Town of Johnstown,Colorado. east 1/4 of Section 35,Township 5 North, Town of Milliken will hold a public meeting Section 2. That the annexation of such Range 68 West of the 6th P.M., Larimer commencing at 7:00 p.m., Wednesday, unincorporated area to the Town of John- County,Colorado as bearing S 00°26'28"E January 4,2006,at the Milliken Community stown, Colorado shall be complete and with all bearings contained herein relative Complex, 1101 Broad Street, Milliken,Col- effective on the effective date of this ordi- thereto. orado. There will be a public hearing for the nance, except for the purpose of general BEGIN at the Southwest comer of Sec- Milliken Town Board on January 25,2006 at Property taxes and shall be effective as to tion 36,Township 5 North, Range 68 West 7:00 p.m.at the Milliken Community Com- general property taxes on and after the first of the 6th P.M.,Larimer County Colorado; plex regarding the same matter. day of January 2006.. thence run N 00°26'28" W along the Notice is hereby given that the Milliken Section 3. That within thirty(30)days West line of the Southwest 1/4 of said Sec- Planning Commission and Milliken Board of of the effective date of this ordinance the Lion 36 for a distance of 2646.15 feet to the Trustees will hold public hearings . The Town Clerk be and is hereby authorized and North line of said Southwest 1/4; public hearing will be for consideration of directed to: thence leaving said West line run S Flack Annexations 1-6, Agricultural and A. File one copy of the annexation 89°44'06"E along said North line for a dis- PUD Zoning and a Sketch Plan application map with the original of the annexation ordi- lance of 2669.39 feet to the East line of said for the Homestead at Ashton. nance in the office of the Town Clerk. Southwest 1/4; The following is the legal description for B. File two certified copies of the thence leaving said North line run S 4' such said property: A parcel of land being annexation ordinance and map of the area 00°10'17"W along said East line for a dis- part of following Six(6)Sections: annexed containing a legal description of tance of 2641.56 feet to the South 1/4 Cor- SECTION Six(6),Township Four North such area with the Larimer County Clerk ner of said Section 36; (T.4N.),Range Sixty-six West(R.66W.) and Recorder. thence leaving said East line continue W Part of Lot One (1) of the Northeast Section 4, This Ordinance shall take S 00°10'17"W for a distance of 30.00 feet Quarter(NE1/4) effect as provided by State law. to the South right-of-way line of Larimer SECTION Five (5), Township Four PASSED,SIGNED,APPROVED AND County Road 14; North (T.4N.), Range Sixty-six West ADOPTED this 5th day of December, thence run N 89°49'58"W along said (R.66W.) 2005. South right-of-way line for a distance of Part of Lots One(1)and Two(2)of the Town 1864.62 feet; thence run N 89°49'29" W Northwest Quarter(NW1/4)and part of Lot of Johnstown,Colorado along said South right-of-way line for a dis- Two(2)of the Northeast Quarter(NE1/4) Lance of 776.15 feet thence leaving said SECTION Twenty-eight(28);Township By s/s Troy D.Mellon,Mayor South right-of-way line run N 00°26'28"W Five North (T.5N.), Range Sixty-six West for a distance of 30.00 feet to the Point of (R.66W.) ATTEST Beginning. Part of the Southwest Quarter(SW1/4) Containing 162.97 acres,more or less, SECTION Twenty-nine(29),Township s/s Diana Seele,Town Clerk and being subject to all easements and Five North (T.5N.), Range Sixty-six West rights of way of record. (R.66W.) GBH Annexation No.1 Part of the Southeast Quarter(SE1/4) LEGAL DESCRIPTION Published in the Johnstown Breeze: SECTION Thirty-two (32), Township A portion of the Southeast 1/4 of Sec- December 15,2005 Five North (T.5N.), Range Sixty-six West tion 35,Township 5 North, Range 68 West (R.66W.) of the 6th P.M., Larimer County Colorado TOWN OF JOHNSTOWN,COLORADO Part of the East Half(E7/2) and a portion of the Northeast 1/4 of Sec- ORDINANCE NO.2005-756 SECTION Thirty-three (33), Township tion 2,Township 4 North,Range 68 West of Five North (T.5N.), Range Sixty-six West the 6th P.M.,Weld County Colorado being APPROVAL OF PLANNED UNIT (R.66W.) more particularly described as follows: DEVELOPMENT MIXED USE (PUD-MU) Part of the West Half(W1/2) Considering the East line of the South- AN PLANNED UNIT DEVELOPMENT ALL of the Sixth Principal Meridian(6th east 1/4 of Section 35, Township 5 Not, RESIDENTIAL(PUD-R)ZONING OF THE PM.),County of Weld,State of Colorado. Range 68 West of the 6th P.M., Larimer PROPERTY KNOWN AS THE GBH Any person may appear at the public County,Colorado as bearing S 00°26'28"E ANNEXATION,ON LANDS LOCATED IN hearing and be heard regarding the matters with all bearings contained herein relative THE SOUTH EAST QUARTER(SE%)OF • above. thereto. SECTION 35 AND SOUTHWEST QUAR- COMMENCE at the South 1/4 comer TER OF SECTION 36, TOWNSHIP FIVE Gayle Martinez,Town Clerk of the Southeast 1/4 of Section 35, Town- NORTH, RANGE 68 WEST (R68W) OF ship 5 North, Range 68 West of the 6th THE 6TH P.M.WELD COUNTY AND CON- Published in the Johnstown Breeze P.M.,Larimer County Colorado; TAINING A TOTAL OF APPROXIMATELY December 13, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Flack Annexation#1 Dear Commissioners: In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Flack Annexation#1 into the Town of Milliken. The following is a list of the items and issues that the Town is required to address for the benefit of the Commissioners. Legal Description for Flack Annexation#1 A parcel of land being part of Lot Two(2)of the Southwest Quarter(SW1/4)of Section Six(6), Township Four North (T.4N.), Range Sixty-six West(R.66W.)of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Said parcel of land being part of that strip of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company(DL&NR)and which was acquired by The Great Western Railway Company(GWRC) and being part of that parcel of land as described within that Quit Claim Deed as recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the Weld County Clerk and Recorder(WCCR)said document hereinafter referred to as Doc#1, and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92,a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of the aforesaid Doc#1. Said point being the TRUE POINT OF BEGINNING: THENCE North 73°45'13" East along the Northerly line of said Doc#1 a distance of 99.84 feet; THENCE South 16°14'47" East a distance of 30.00 feet; THENCE South 73°4513"West a distance of 94.00 feet; THENCE South 16°14'47" East a distance of 40.00 feet; THENCE North 73°45'13" East a distance of 94.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet to the Southerly line of said Doc#1; THENCE South 73°45'13"West along said Southerly line a distance of 128.16 feet to the West line of said SW1/4; THENCE North 00°25'53"West along said West line a distance of 103.93 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 7,640 Square Feet, more or less(±)(0.175 Acres, more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk waterlines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a vicinity map and annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. The Town did not enter into a draft pre-annexation agreement. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town and the entities below are capable of providing services to this area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken* Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed will be addressed in a development agreement between the petitioner and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Northern Colorado Water Conservancy District CCW Water District CCS Water District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7)of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully Submitted, Gayle Martinez Milliken Town Clerk Attachments: Annexation Map Vicinity Map C: Weld County Clerk to the Board of County Commissioners December 13,2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Flack Annexation#2 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Flack Annexation#2 into the Town of Milliken. The following is a list of the items and issues that the Town is required to address for the benefit of the Commissioners. Legal Description for Flack Annexation#2 A parcel of land being part of Lot Two(2)of the Southwest Quarter(SW1/4)of Section Six(6),Township Four North(T.4N.), Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6th P.M.), County of Weld,State of Colorado. Said parcel of land being part of those strips of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company(DL&NR) and which was acquired by The Great Western Railway Company(GWRC)and being part of those parcels of land as described within the following Two(2)Quit Claim Deeds: Quit Claim Deed#1: Recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the Weld County Clerk and Recorder(WCCR),said document hereinafter referred to as Doc#1 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the WCCR, said document hereinafter referred to as Doc#2 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53" East,being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,North American Datum 1983/92,a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53"East along said West line a distance of 816.82 feet to the Northwest Corner of said Doc#1; THENCE North 73°45'13"East along the Northerly line of said Doc#1 a distance of 99.84 feet to the TRUE POINT OF BEGINNING: THENCE continuing North 73°45'13"East along the Northerly line of said Doc#1 and Doc#2 a distance of 344.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet; THENCE South 73°45'13"West a distance of 324.00 feet; THENCE South 16°14'47" East a distance of 40.00 feet; THENCE North 73°45'13"East a distance of 324.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet to the Southerly line of said Doc#2; THENCE South 73°45'13"West along the Southerly line of said Doc#2 and Doc#1 a distance of 344.00 feet; THENCE North 16°14'47"West a distance of 30.00 feet; THENCE South 73°45'13"West a distance of 94.00 feet; THENCE North 16°14'47"West a distance of 40.00 feet; THENCE North 73°45'13"East a distance of 94.00 feet; THENCE North 16°14'47"West a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 25,200 Square Feet,more or less(±)(0.579 Acres, more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk waterlines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a vicinity map and an annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. The Town did not enter into a draft pre-annexation agreement. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town and the entities below are capable of providing services to this area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken* Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed will be addressed in a development agreement between the petitioner and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Northern Colorado Water Conservancy District CCW Water District GCS Water District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district goveming the area to be annexed, as is more fully set forth in Section 15-3(d)(7)of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully submitted, Gayle Martinez Milliken Town Clerk Attachments: Annexation Map Vicinity Map C: Weld County Clerk to the Board of County Commissioners December 13,2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Flack Annexation#3 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Flack Annexation#3 into the Town of Milliken. The following is a list of the items and issues that the Town is required to address for the benefit of the Commissioners. Legal Description for Flack Annexation#3 A parcel of land being part of Lots One(1)and Two(2)of the Southwest Quarter(SW1/4)of Section Six(6),Township Four North(T.4N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6th P.M.),County of Weld, State of Colorado. Said parcel of land being part of those strips of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company(DL&NR)and which was acquired by The Great Western Railway Company(GWRC)and being part of those parcels of land as described within the following Two(2)Quit Claim Deeds: Quit Claim Deed#1: Recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the Weld County Clerk and Recorder(WCCR),said document hereinafter referred to as Doc#1 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the WCCR,said document hereinafter referred to as Doc#2 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92,a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of said Doc#1; THENCE North 73°45'13"East along the Northerly line of said Doc#1 and Doc#2 a distance of 443.84 feet to the TRUE POINT OF BEGINNING: THENCE continuing North 73°45'13"East along the Northerly line of said Doc#2 a distance of 915.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet; THENCE South 73°45'13"West a distance of 895.00 feet; THENCE South 16°14'47" East a distance of 40.00 feet; THENCE North 73°45'13"East a distance of 895.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet to the Southerly line of said Doc#2; THENCE South 73°45'13"West along said Southerly line a distance of 915.00 feet; THENCE North 16°14'47"West a distance of 30.00 feet; THENCE South 73°45'13"West a distance of 324.00 feet; THENCE North 16°14'47"West a distance of 40.00 feet; THENCE North 73°45'13"East a distance of 324.00 feet; THENCE North 16°14'47"West a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 68,660 Square Feet,more or less(±)(1.576 Acres, more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk water lines,sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a vicinity map and an annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. The Town did not enter into a draft pre-annexation agreement. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town and the entities below are capable of providing services to this area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken* Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed will be addressed in a development agreement between the petitioner and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Northern Colorado Water Conservancy District CCW Water District CCS Water District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7)of this chapter. The annexation will not generate additional impacts to the school district because the annexation is solely comprised of railroad right-of-way. Respectfully, Gayle Martinez Milliken Town Clerk Attachments: Vicinity Map Annexation Map C: Weld County Clerk to the Board of County Commissioners December 13,2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Flack Annexation#4 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Flack Annexation#4 into the Town of Milliken. The following is a list of the items and issues that the Town is required to address for the benefit of the Commissioners. Legal Description for Flack Annexation#4 A parcel of land being part of Lots One(1)and Two(2)of the Southwest Quarter(SW1/4),part of the Northwest Quarter of the Southeast Quarter(NW1/4 SE1/4)and part of Lot One(1)of the Northeast Quarter(NE1/4),ALL in Section Six(6),Township Four North (T.4N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6th P.M.), County of Weld,State of Colorado. Said parcel of land being part of those strips of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company(DL&NR)and which was acquired by The Great Western Railway Company(GWRC)and being part of those parcels of land as described within the following Two(2)Quit Claim Deeds: Quit Claim Deed#1: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the WCCR,said document hereinafter referred to as Doc#2 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571559 of the records of the WCCR,said document hereinafter referred to as Doc#2 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53"East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92,a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of that parcel of land as described within that Quit Claim Deed as recorded August 29, 1971 in Book 652 as Reception Number 1573739 of the records of the WCCR.,said document hereinafter referred to as Doc#3;THENCE North 73°45'13"East along the Northerly line of said Doc#3 and Doc#1 a distance of 1358.84 feet to the TRUE POINT OF BEGINNING: Thence along the Northerly line of said Doc#1 and Doc#2 and a portion of the Easterly line of said Doc#2 by the following Three (3)courses and distances: THENCE continuing North 73°45'13"East a distance of 1790.26 feet to a Point of Curvature(PC); THENCE along the Arc of a curve which is concave to the North a distance of 628.18 feet,whose Radius is 5680.00 feet,whose Delta is 06°20'12",and whose Long Chord bears North 70°35'07" East a distance of 627.86 feet; THENCE South 01°17'52"East along a line non-tangent to the aforesaid line a distance of 32.18 feet to the beginning point of a curve. The aforesaid line being non-tangent to said curve; THENCE along the Arc of a curve which is concave to the North a distance of 619.81 feet,whose Radius is 5710.00 feet,whose Delta is 06°13'10",and whose Long Chord bears South 70°38'38"West a distance of 619.51 feet to the Point of Tangency(PT); THENCE South 73°45'13"West a distance of 1770.26 feet; THENCE South 16°14'47"East a distance of 40.00 feet; THENCE North 73°45'13"East a distance of 1770.26 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 216.83 feet,whose Radius is 5750.00 feet,whose Delta is 02°09'38",and whose Long Chord bears North 72°40'23"East a distance of 216.82 feet to the North line of said SE1/4; THENCE North 88°54'58" East along said North line and being along a line non-tangent to the aforesaid curve a distance of 98.20 feet to the beginning point of a curve. The aforesaid line being non-tangent to said curve. Said point being on the Southerly line of said Doc#2;Thence along the Southerly line of said Doc#2 and Doc#1 by the following Two(2)courses and distances: THENCE along the Arc of a curve which is concave to the north a distance of 311.71 feet,whose Radius is 5780.00 feet,whose Delta is 03°05'24",and whose Long Chord bears South 72°12'31"West a distance of 311.67 feet to the PT; THENCE South 73°45'13"West a distance of 1790.26 feet; THENCE North 16°14'47"West a distance of 30.00 feet; THENCE South 73°45'13"West a distance of 895.00 feet; THENCE North 16°14'47"West a distance of 40.00 feet; THENCE North 73°45'13"East a distance of 895.00 feet; THENCE North 16°14'47"West a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 170,675 Square Feet,more or less(±)(3.918 Acres,more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk waterlines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a vicinity map and an annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. The Town did not enter into a draft pre-annexation agreement. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town and the entities below are capable of providing services to this area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken* Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed will be addressed in a development agreement between the petitioner and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Northern Colorado Water Conservancy District CCW Water District CCS Water District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7)of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully Submitted, Gayle Martinez Milliken Town Clerk Attachments: Annexation Map Vicinity Map C: Weld County Clerk to the Board of County Commissioners December 13, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Flack Annexation#5 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Flack Annexation#5 into the Town of Milliken. The following is a list of the items and issues that the Town is required to address for the benefit of the Commissioners. Legal Description for Flack Annexation#5 A parcel of land being part of following Three(3)Sections: SECTION Six(6),Township Four North(T.4N.), Range Sixty-six West(R.66W.). Part of Lot Two(2)of the Southwest Quarter (SW1/4),part of the Northwest Quarter of the Southeast(NW1/4 SE1/4)and part of Lot One(1)of the Northeast Quarter(NE1/4) SECTION Five(5),Township Four North(T.4N.), Range Sixty-six West(R.66W.) Part of Lots One(1)and Two(2)of the Northwest Quarter(NW1/4)and part of Lot Two(2)of the Northeast Quarter(NE1/4) SECTION Thirty-two(32),Township Five North(T.5N.), Range Sixty-six West(R.66W.) Part of the Southeast Quarter of the Southeast Quarter(SE1/4 SE1/4),ALL of the Sixth Principal Meridian(6th P.M.),County of Weld, State of Colorado. Said parcel of land being part of those parcels of land as originally deeded to The Denver,Laramie and Northwestern Railroad Company(DL&NR)and which was acquired by The Great Western Railway Company(GWRC)and being part of those parcels of land as described within the following Six(6)Quit Claim Deeds: Quit Claim Deed#1: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the Weld County Clerk and Recorder(WCCR),said document hereinafter referred to as Doc#1 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571559 of the records of the WCCR, said document hereinafter referred to as Doc#2 Quit Claim Deed#3: Recorded August 14, 1971 in Book 650 as Reception Number 1571555 of the records of the WCCR, said document hereinafter referred to as Doc#2 Quit Claim Deed#4: Recorded August 14, 1971 in Book 650 as Reception Number 1571566 of the records of the WCCR, said document hereinafter referred to as Doc#4 Quit Claim Deed#5: Recorded August 14, 1971 in Book 650 as Reception Number 1571557 of the records of the WCCR, said document hereinafter referred to as Doc#5 Quit Claim Deed#6: Recorded August 14, 1971 in Book 650 as Reception Number 1571558 of the records of the WCCR, said document hereinafter referred to as Doc#6 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53"East,being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53"East along said West line a distance of 816.82 feet to the Northwest Corner of that parcel of land as described within that Quit Claim Deed as recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the WCCR,said document hereinafter referred to as Doc#7; Thence along the Northerly line of said Doc#7, Doc#1 and Doc#2 by the following Two(2) courses and distances: THENCE North 73°45'13" East a distance of 3149.09 feet to a Point of Curvature(PC); THENCE along the Arc of a curve which is concave to the North a distance of 628.18 feet,whose Radius is 5680.00 feet,whose Delta is 06°20'12",and whose Long Chord bears North 70°35'07" East a distance of 627.86 feet to the TRUE POINT OF BEGINNING: Thence along the Northerly line of said Doc#3 through Doc#6 inclusive by the following Six(6)courses and distances: THENCE continuing along the Arc of a curve which is tangent to the aforesaid curve and which is concave to the North a distance of 98.77 feet,whose Radius is 5680.00 feet,whose Delta is 03°00'49",and whose Long Chord bears North 65°54'36" East a distance of 298.73 feet; THENCE North 25°35'49"West along a line radial to the aforesaid curve a distance of 50.00 feet to the beginning point of a curve. The said line being radial to said curve; THENCE along the Arc of a curve which is concave to the North a distance of 176.84 feet,whose Radius is 5630.00 feet,whose Delta is 01°47'59", and whose Long Chord bears North 63°30'12"East a distance of 176.83 feet to the Point of Tangency(PT); THENCE North 62°36'13" East a distance of 610.00 feet; THENCE South 27°23'47" East a distance of 50.00 feet; THENCE North 62°36'13"East a distance of 4680.55 feet; THENCE South 27°23'47"East a distance of 30.00 feet; THENCE South 62°36'13"West a distance of 5240.55 feet; THENCE South 27°23'47"East a distance of 40.00 feet; THENCE North 62°3613"East a distance of 5240.55 feet; THENCE South 27°23'47"East a distance of 30.00 feet to the Southerly line of said Doc#6; Thence along the Southerly line of said Doc#6 through Doc#3 inclusive by the following Eight(8)courses and distances: THENCE South 62°36'13"West a distance of 4680.55 feet; THENCE South 27°23'47" East a distance of 50.00 feet; THENCE South 62°36'13"West a distance of 610.00 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 183.12 feet,whose Radius is 5830.00 feet,whose Delta is 01°47'59",and whose Long Chord bears South 63°30'12"West a distance of 183.11 feet; THENCE North 25°35'49"West along a line radial to the aforesaid curve a distance of 50.00 feet to the beginning point of a curve. The aforesaid line being radial to said curve; THENCE along the Arc of a curve which is concave to the North a distance of 342.93 feet,whose Radius is 5780.00 feet,whose Delta is 03°23'58", and whose Long Chord bears South 66°06'10"West a distance of 342.88 feet; THENCE South 01°17'52"East along a line non-tangent to the aforesaid curve a distance of 97.20 feet; THENCE South 88°54'58"West a distance of 370.29 feet to the beginning point of a curve. The aforesaid line being non- tangent to said curve; THENCE along the Arc of a curve which is concave to the North a distance of 216.83 feet,whose Radius is 5750.00 feet,whose Delta is 02°09'38",and whose Long Chord bears South 72°40'23"West a distance of 216.82 feet to the PT; THENCE South 73°45'13"West a distance of 1770.26 feet; THENCE North 16°14'47"West a distance of 40.00 feet; THENCE North 73°45'13"East a distance of 1770.26 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 619.81 feet,whose Radius is 5710.00 feet,whose Delta is 06°13'10",and whose Long Chord bears North 70°38'38"East a distance of 619.51 feet; THENCE North 01°17'52"West along a line non-tangent to the aforesaid curve a distance of 32.18 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 566,967 Square Feet, more or less(±)(13.016 Acres,more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk waterlines,sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a vicinity map and an annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. The Town did not enter into a draft pre-annexation agreement. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town and the entities below are capable of providing services to this area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken* Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed will be addressed in a development agreement between the petitioner and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District Re-5J Milliken Fire Protection District Northern Colorado Water Conservancy District CCW Water District CCS Water District Aims Junior College Thompson River Parks and Recreation District Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7)of this chapter. The annexation will not generate additional impacts to the school district because the annexation is solely comprised of railroad right-of-way. Respectfully, Gayle Martinez Milliken Town Clerk Attachments: Annexation Map Vicinity Map C: Weld County Clerk to the Board of County Commissioners December 13, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Flack Annexation#6 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S.,we respectfully submit this letter and the attached maps as the annexation impact report for the Flack Annexation#6 into the Town of Milliken. The following is a list of the items and issues that the Town is required to address for the benefit of the Commissioners. PROJECT LOCATION: The site is located along the west side of 65th Avenue(Weld County Road 29%), between 49th Street(WCR 52)and the Big Thompson River. PROJECT OVERVIEW: This 321-acre site is currently agricultural land with one residential building. The petitioner has submitted a Concept Plan which shows 171 residential lots(49 patio homes, 71 half to one-acre lots and 51 lots greater than one-acre)and two commercial lots. LEGAL DESCRIPTION FOR FLACK ANNEXATION#6 A parcel of land being part of following Six(6)Sections: SECTION Six(6),Township Four North(T.4N.), Range Sixty-six West(R.66W.) Part of Lot One(1)of the Northeast Quarter(NE1/4)SECTION Five(5),Township Four North(T.4N.), Range Sixty-six West (R.66W.). Part of Lots One(1)and Two(2)of the Northwest Quarter(NW1/4)and part of Lot Two(2)of the Northeast Quarter (NE1/4)SECTION Twenty-eight(28),Township Five North(T.5N.),Range Sixty-six West(R.66W.) Part of the Southwest Quarter(SW1/4)SECTION Twenty-nine(29),Township Five North(T.5N.), Range Sixty-six West(R.66W.) Part of the Southeast Quarter(SE1/4)SECTION Thirty-two(32),Township Five North (T.5N.), Range Sixty-six West(R.66W.) Part of the East Half(E1/2)SECTION Thirty-three(33),Township Five North (T.5N.), Range Sixty-six West(R.66W.) Part of the West Half(W1/2)ALL of the Sixth Principal Meridian(6th P.M.), County of Weld,State of Colorado. Said parcel of land also being part of those parcels of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company (DL&NR)and which was acquired by The Great Western Railway Company(GWRC)and being part of those parcels of land as described within the following Four(4)Quit Claim Deeds: Quit Claim Deed#1: Recorded August 14, 1971 in Book 650 as Reception Number 1571555 of the records of the WCCR,said document hereinafter referred to as Doc#1 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571566 of the records of the WCCR,said document hereinafter referred to as Doc#2 Quit Claim Deed#3: Recorded August 14, 1971 in Book 650 as Reception Number 1571557 of the records of the WCCR, said document hereinafter referred to as Doc#3 Quit Claim Deed#4: Recorded August 14, 1971 in Book 650 as Reception Number 1571558 of the records of the WCCR, said document hereinafter referred to as Doc#4 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West of the Southwest Quarter(SW1/4)of said Section 6 as bearing South 00°25'53"East,being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of that parcel of land as described within that Quit Claim Deed#5 as recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the WCCR said document hereinafter referred to as Doc#5; Thence along the Northerly line of said Doc#5 and the Northerly line of the following Six(6)parcels of land: Quit Claim Deed#6: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the Weld County Clerk and Recorder(WCCR),said document hereinafter referred to as Doc#6; Quit Claim Deed#7: Recorded August 14, 1971 in Book 650 as Reception Number 1571559 of the records of the WCCR,said document hereinafter referred to as Doc#7 and the aforesaid Doc#1 through Doc#4 inclusive: THENCE North 73°45'13"East a distance of 3149.09 feet to a Point of Curvature(PC); THENCE along the Arc of a curve which is concave to the North a distance of 926.94 feet,whose Radius is 5680.00 feet,whose Delta is 09°21'01",and whose Long Chord bears North 69°04'42" East a distance of 925.91 feet; THENCE North 25°35'49"West along a line radial to the aforesaid curve a distance of 50.00 feet to the beginning point of a curve. The aforesaid line being radial to said curve; THENCE along the Arc of curve which is concave to the North a distance of 176.84 feet,whose Radius is 5630.00 feet,whose Delta is 01°47'59",and whose Long Chord bears North 63°30'12"East a distance of 176.83 feet to the Point of Tangency(PT); THENCE North 62°36'13"East a distance of 610.00 feet;THENCE South 27°23'47"East a distance of 50.00 feet; THENCE North 62°36'13"East a distance of 4680.55 feet to the TRUE POINT OF BEGINNING: THENCE continuing North 62°36'13"East along the Northerly line of the aforesaid Doc#4 a distance of 1255.94 feet to the Westerly Right-Of-Way(ROW)line of Weld County Road#29(WCR#29)and being a point Thirty feet(30')Westerly of as measured at right angles to the Southwest Quarter(SW1/4)of said Section 33; Thence along said Westerly ROW line of said WCR#29 and being along a line 30'Westerly of as measured at right angles to and parallel with the Westerly line of said Section 33 by the following Four(4)courses and distances; THENCE North 00°17'55"West a distance of 665.31 feet;THENCE North 00°19'52"West a distance of 1300.09 feet; THENCE North 00°01'54"West a distance of 2578.33 feet;THENCE North 00°04'34" East a distance of 60.01 feet to the Northerly ROW line of Weld County Road#52(WCR#52)and being a point 30'Northerly of as measured at right angles to the South line of the SE1/4 of said Section 29;THENCE along the Northerly ROW line of said WCR#52 and being along a line 30' Northerly of as measured at right angles to the Northerly line of said Section 29 and Section 28 by the following Two(2)courses and distances: THENCE North 89°22'13" East a distance of 29.59 feet THENCE North 89°24'39" East a distance of 2607.259 feet to the Westerly ROW line of Weld County Road#29 1/2(WCR#29 1/2)and being a point 30'Westerly of as measured at right angles to the Easterly line of the W1/2 of said Section 33. Said point being the Northwest Corner of Rehmer Lake Annexation No.3 to the City of Evans(COE)as recorded March 6,2003 as Reception Number 3039303 of the records of the Weld County Clerk and Recorder(WCCR); ThENCE along said Westerly ROW and the Westerly line of said Rehmer Lake Annexation No. 3 and the Westerly line of Rehmer Lake Annexation No.4 to the COE as recorded March 6,2003 as Reception Number 3039303 of the records of the WCCR and the Westerly line of County Road 291/2 Annexation to the COE as recorded May 7, 2007 as Reception Number 3178307 of the records of the WCCR by the following Five(5)courses and distances: THENCE South 00°09'19"West a distance of 1315.08 feet; THENCE South 01°01'48"East a distance of 304.98 feet; THENCE South 00°21'02"West a distance of 1907.73 feet; THENCE South 02°15'01"West a distance of 430.37 feet; THENCE North 88°03'48"East a distance of 101.90 feet to the East line of the SW1/4 of said Section 33. Said point being the Northwest Corner of Rumsey-Werning-Camenisch Annexation No. 13(RWCA#13)to the COE as recorded May 7,2004 as Reception Number 3178305 of the records of the WCCR; THENCE South 01°05'08" East along said East line and the West line of said RWCA#13 a distance of 1247.41 feet to the South Quarter Corner of said Section 33; THENCE South 88°38'20"West along the South line of said SW1/4 a distance of 2660.68 feet the Easterly ROW line of said WCR#29 and being a point 30'Easterly of as measured at right angles to the West line of the Southwest Corner of said Section 33; THENCE North 00°17'55"West along said Easterly ROW line and being along a line 30'Easterly of as measured at right angles to and parallel with the West line of said SW1/4 a distance of 552.54 feet to the Southerly line of the aforesaid Doc#4; THENCE South 62°36'13"West along the Southerly line of said Doc#4 and Doc#3 a distance of 1272.17 feet; THENCE North 27°23'47"West a distance of 30.00 feet; THENCE South 62°36'13"West a distance of 5240.55 feet; THENCE North 27°23'47"West a distance of 40.00 feet; THENCE North 62°36'13"East a distance of 5240.55 feet; THENCE North 27°23'47"West a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 14,134,800 Square Feet, more or less(±)(324.490 Acres,more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk waterlines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached please find a vicinity map and an annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. The Town did not enter into a draft pre-annexation agreement. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town and the entities below are capable of providing services to this area. The petitioner is proposing to utilize a non-potable water system via irrigation ponds to irrigate yards and open space areas. The entities below have indicated that they have the capacity to serve this property. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken* Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken *For Milliken to provide sewer,the Town of Milliken is pursuing an Intergovernmental Agreement with the City of Evans. It is anticipated that the sanitary sewer service from the development will enter a main line at the southern boundary of the site and travel southwest along an abandoned railroad grad that is located within Flack annexations 1-5. The main line will tie into a proposed sewer lift station to be located north of the Big Thompson River and west of the alignment of Weld County Road 25. Construction of the off-site sewer line will benefit the Town as it will provide access to sewer lines for future development along the alignment and will allow adjacent property owners to become incorporated into the Town (some of which have already expressed their interest). 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed will be addressed in a development agreement between the petitioner and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-6 Milliken Fire Protection District Northern Colorado Water Conservancy District CCW Water District CGS Water District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7) of this chapter. It is anticipated that the annexation will generate the following number of new students: Elementary .345 x 171 units=59 students Middle School .170 x 171 units=29 students High School .195 x 171 units=33 students Total Estimated Students 121 students Respectfully, Gayle Martinez Milliken Town Clerk Attachments: Annexation Map Vicinity Map C: Weld County Clerk to the Board of County Commissioners 1.4 •`. v+\\ ' \\4\ t 14 \4 t h 4 `• ,.,' \ \ \\ \\\ 4:\;:\4\v4\`•44 ` 4 .4 4' '•',.4`..,. . ` '\\ \ \\ ` \ ` \` \ \ • .4 N. N. `'\ ` \ '\ ' • 4 '\4 ` '\ '\ ' + ':v \''` \ v \\ \ .,4•':,\ '.4`''vy\v44\+,yti,\•'.+\+v 4\, ` \4+t `v+4 \; 4. '4\``4 . `• : \. : v \ \x'4 M1 .4 \• ' . \. . \ \` \ \4'\. \\ \ \ \\\ \ IA \'\ \ WCR 52 `, \\' \.1 + v EVANS • JI WCR50 • 1.4y\'\`41v44\.\ , tv ` ` '\ \\*'`•: \. `: ''•, `'•. . `�\ '\ `•', \\\,4\ \ \ \\\ 4 y\ 4 ,\ \ \4 v\ ,4\\\ 4 ,4'': 4 44 + +4t "4, 4 •. ,4\4 \\ • `\\t 4••44 .4+\,\ \+4 '+v ,\+.4,, ,4 :,+ + 'ti v\ .•••v.\\\. \ 44.4•`,.`4 \\. 4+ \ 4'4'4 : : \. .,4'4\\ •\4\14` . t • :.4 \\'\\. \\'\+\4 • + r . FLACK ANNEXATION VICINITY MAP .-car PI CKE TT SCALE: 1"=2500' NORTH INCORPORATED ENGINEERS 608 BTH. ....CONSULTING TREET• GREELEY, COLORADO 80631 PHONE: 970.356.6362 FAX: 970.356.6486 ---r- PROJECT INFORMATION: 1.-;-12/,,,,_, Owner 1: Duane Flack ou�rei ?1 5'3aa+'.t Location: T5N,R66W, S33,W1/2 � �,- A -F Existing Use:Agricultural _ 'y -- • Proposed Use: PUD zoned residential development with land i,•••I uses permitted in R-1,R-1E and AE single-family residential zoning. Includes a proposed commercial tract(+/-5 ac)in - - -- northeast corner of development(with land uses allowed in - Commercial C-3 zoning). Also may include recreational , T components such as an equestrian center(with land uses allowed A-. ,r • 7 -4 in Commercial C-4 zoning, +/-6ac). ENLARGED VIEW U •y/ ►-..a all PtL "ill I II I El la atk t7/4 1 cam. , 111 rnia YAM 40 , • I,.: .e < ie•-' JL ,, it_:-� �.+ lt 'LLT . I7fa � ' (ferseEL' Ilit ..• .-I. :c2i.::':-."-- . I /1 N iPrir — % zill/ ,--, a c#'61_72: -'liii: l...'.:;.''S.1..4:"Vn4- ,///./'r ;Ir. ,,i! ; FLACK ANNEXATION LOCATION MAP NOT TO SCALE 'cam 'PI GKETT NORTH P ENGINEERING INCORPORATED CONSULTING ENGINEERS BOB 8TH STREET. GREELEY. 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" ¢ i --' I I , a i./" 9 5 L : i 1yi6! fi $5 gEEiih9ei El s III 10A0 S sll E E III s I II el I a s`i I a €: 4 ial o a s a i his IFR g . lift 6�ap 0 S d�4 Ell a2 41 � @tl 17m 0 ;O E Oov P §aa P• RI' ml Eillii hi I w ` ° w � oU li i111Iill.iiIIII ti L il rail i Ade l'75 Iae o6�9 b If e I II O- s 13 ; a o a 9° 2 2 i! ! b at F _ a wLo 6 3a i yy «aNa e nrav -- _ :... I r ,ezz09z 19LAL699 1 o zuarox.uw)oo 07341 1 I 1 TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN CO 80543 PETITION FOR ANNEXATION FLACK We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Flack Annexation #1", and affirm the following to be true and correct as of September 27. 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Town Planner will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers and/or the Town. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners understand that the RE5-J (and/or RE6) School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs. 17. If so requested by the Petitioners at the time of the filing of this petition for annexation with the Town of Milliken, separate supplements acceptable to the Town and those petitioners may be attached to the annexation. If the attachments are not mutually acceptable within 6 months of the filing of this petition for annexation, the petition may be withdrawn. The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#1 THE EXECUTION OF THIS PETITION BY PUBLIC SERVICE COMPANY OF COLORADO("PSCO")IS CONDITIONED UPON AND SUBJECT TO,THE TERMS AND CONDITIONS OF THE SUPPLEMENT HERETO EXECUTED BY PSCO. THIS SIGNATURE IS NOT EFFECTIVE OR BINDING ON PSCO IF SUCH SUPPLEMENT IS NOT ATTACHED HERETO. Public Service Company of Colorado, a Colorado corporation Property Owner Property Owner Manager, Siting and Land Rights Xcel Energy 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Address Public Service Company of Colorado, a Col co oration Address B : Pet e t Managing Director,Local Affairs Signature NW. I O 2005 Date Signed 1 Date Signed Property Owner Property Owner Address Address Signature Signature Date Signed Date Signed STATE OF COLORADO as. COUNTY OF WELD 5e0.A ?Li Pr being first duly sworn,upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature Subscribed and sworn to before me this I''f f9"` day of DV e ry I a/f , 200 5 . WITNESS my hand and ofa. pvb My Commission Expires I (31/c L ( JENNIFER t NA ZINK icz,) of ry Public OFCQ\' e<-= Y Supplement to Annexation Petition Flack Annexation#1 1. Public Service Company of Colorado reserves the right to withdraw this Petition at any time prior to the adoption of an annexation ordinance. 2. Public Service Company of Colorado does not join in,or agree to be bound by, any affirmations or certifications contained herein, except insofar as they affect and apply to its ownership of its property (the"PSCo Property"). Public Service Company of Colorado is participating in this Petition with the express understanding and agreement that it will not be responsible for any of the obligations or costs associated with the annexation, nor any costs, impositions, or burdens, which may be imposed on the petitioners or landowners in any annexation agreement, or in ordinances or resolutions approving the Petition. Without limiting the generality of the foregoing, Public Service Company of Colorado is signing this Petition with the express understanding that Public Service Company of Colorado shall have no liability or obligation for or in connection with: (a)Fees for raw water purchase,trails and open space, public facilities infrastructure, streets,police infrastructure, capital investment,water meter purchase and taps, except to the extent that a water meter or tap is expressly requested by Public Service Company of Colorado to serve its property; (b)dedication of any easements or rights-of-way for streets and other public ways or for other public purposes; (c)the execution of, or compliance with, any Subdivision Improvements Agreement; (d)dedication of any easements or rights-of-way for installation and maintenance of infrastructure; (e) design or installation of transportation infrastructure,utility infrastructure, and stormwater improvements or to guarantee construction of any such improvements; (1) costs associated with the oversizing of infrastructure; (g)satisfaction of any public land dedication and landscaping requirements specified in the Town's Land Use Code. 3. Further, it is acknowledged that Public Service Company of Colorado presently uses its property for electric transmission and distribution facilities. Public Service Company of Colorado requests that the PSCo Property, be zoned A- "Agricultural District", or such other classification, in which electric transmission and distribution facilities are uses by right. Further,this Petition is submitted based on the understanding that the term"Utility Service Facilities"as used in the Land Use Code includes electric transmission and distribution facilities. 4. The execution and submission of this Petition by Public Service Company of Colorado and the annexation of the PSCo Property is specifically conditioned on the approval by the Board of Trustees of the Town, and execution by the Town and Petitioner, of an annexation agreement between Petitioner and the Town, which incorporates the above terms. Public, ervice C pany of Color do, a Colorado corporate By. Peter est Managing Director, Local Affairs Date: A10'/ . (O).005 PROPERTY DESCRIPTION Flack Annexation#1 A parcel of land being part of Lot Two (2) of the Southwest Quarter (SW1/4) of Section Six (6), Township Four North(T.4N.),Range Sixty-six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Said parcel of land being part of that strip of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company (DL&NR) and which was acquired by The Great Western Railway Company(GWRC) and being part of that parcel of land as described within that Quit Claim Deed as recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the Weld County Clerk and Recorder(WCCR) said document hereinafter referred to as Doc#1, and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53" East, being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of the aforesaid Doc#1. Said point being the TRUE POINT OF BEGINNING: THENCE North 73°45'13" East along the Northerly line of said Doc#1 a distance of 99.84 feet; THENCE South 1C14'47" East a distance of 30.00 feet; THENCE South 73°45'13" West a distance of 94.00 feet; THENCE South 16°14'47" East a distance of 40.00 feet; THENCE North 73°45'13" East a distance of 94.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet to the Southerly line of said Doc#1; THENCE South 73°45'13" West along said Southerly line a distance of 128.16 feet to the West line of said SW1/4; THENCE North 00°25'53" West along said West line a distance of 103.93 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 7,640 Square Feet, more or less (±)(0.175 Acres, more or less (±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. (�7Tn�TTt/Ilan [i nm♦mTT?T ItTm TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN CO 80543 PETITION FOR ANNEXATION FLACK We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Flack Annexation #2", and affirm the following to be true and correct as of September 27. 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. ° Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Town Planner will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers and/or the Town. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners understand that the RE5-J (and/or RE6) School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs. 17. If so requested by the Petitioners at the time of the filing of this petition for annexation with the Town of Milliken, separate supplements acceptable to the Town and those petitioners may be attached to the annexation. If the attachments are not mutually acceptable within 6 months of the filing of this petition for annexation, the petition may be withdrawn. The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#2 THE EXECUTION OF THIS PETITION BY PUBLIC SERVICE COMPANY OF COLORADO("PSCO")IS CONDITIONED UPON AND SUBJECT TO,THE TERMS AND CONDITIONS OF THE SUPPLEMENT HERETO EXECUTED BY PSCO. THIS SIGNATURE IS NOT EFFECTIVE OR BINDING ON PSCO IF SUCH SUPPLEMENT IS NOT ATTACHED HERETO. Public Service Company of Colorado, a Colorado corporation Property Owner Property Owner Manager,Siting and Land Rights Xcel Energy 550 15th Street, Suite 700 Denver,Colorado 80202-4256 Address Public Service Company of Colorado, a Cgle o c oration Address B : Pet W st Signature Ma ging Director, Local Affairs Nov (O,2°05 Date Signed Date Signed Property Owner Property Owner Address Address Signature Signature Date Signed Date Signed STATE OF COLORADO ss. COUNTY OF WELD II R. LI ?1�1 cy, being first duly sworn,upon oath deposes and says that he/she was the circulator of the above and Fdregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. 7414 � Signature Subscribed and sworn to before me this `l"'{�• day of N 1"\/e C , 2005 WITNESS my hand and offici P'�g! My Commission Expires-1/of •+ /C JENNIFER \ f:. ZINK p4 of Publi e aF Cow The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#2 Property Owner Property Owner / 1 S1-: NUN 60 NV al Kee& , co `gosCt3 Address Address QQ Signature Signature /6.• 05 Dat Signed Date Signed { s71-ter 1 e-v- t haw) &- roperty Owner Property Owner >s. a av/ sem ac.Hwy 6t 4:/1{ 't-n, gel f0.5. 5'3 Address Address We-4A) Signature Signature /L-0r Da Signed Date Signed STATE OF COLORADO ) )ss. COUNTY OF WELD ) "K_ se Qy. TL.; t1. , being first duly sworn,upon oath deposes and says that he/she was the circulator of the above ant.'foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature 4., Subscribed and sworn to bef r� ; , +� day of I\h,\iLjryNter , 2005 . O'` w......,,1</ WITNESS my hand and i seal. My Commission Expires )13i (0 i0 JENNIFER ) Nom te 4),;`F cot o ary Pu is Supplement to Annexation Petition Flack Annexation#2 1. Public Service Company of Colorado reserves the right to withdraw this Petition at any time prior to the adoption of an annexation ordinance. 2. Public Service Company of Colorado owns only a portion of the property included within the proposed annexation and does not join in, or agree to be bound by, any affirmations or certifications contained herein, except insofar as they affect and apply to its ownership of its property(the"PSCo Property"). Public Service Company of Colorado is participating in this Petition with the express understanding and agreement that it will not be responsible for any of the obligations or costs associated with the annexation, nor any costs, impositions, or burdens, which may be imposed on the petitioners or landowners in any annexation agreement, or in ordinances or resolutions approving the Petition. Without limiting the generality of the foregoing, Public Service Company of Colorado is signing this Petition with the express understanding that Public Service Company of Colorado shall have no liability or obligation for or in connection with: (a)Fees for raw water purchase,trails and open space,public facilities infrastructure, streets,police infrastructure, capital investment,water meter purchase and taps, except to the extent that a water meter or tap is expressly requested by Public Service Company of Colorado to serve its property; (b)dedication of any easements or rights-of-way for streets and other public ways or for other public purposes; (c)the execution of,or compliance with, any Subdivision Improvements Agreement; (d) dedication of any easements or rights-of-way for installation and maintenance of infrastructure; (e) design or installation of transportation infrastructure,utility infrastructure, and stormwater improvements or to guarantee construction of any such improvements; (f)costs associated with the oversizing of infrastructure; (g) satisfaction of any public land dedication and landscaping requirements specified in the Town's Land Use Code. 3. Further, it is acknowledged that Public Service Company of Colorado presently uses its property for electric transmission and distribution facilities. Public Service Company of Colorado requests that the PSCo Property,be zoned A- "Agricultural District", or such other classification, in which electric transmission and distribution facilities are uses by right. Further,this Petition is submitted based on the understanding that the term"Utility Service Facilities"as used in the Land Use Code includes electric transmission and distribution facilities. 4. The execution and submission of this Petition by Public Service Company of Colorado and the annexation of the PSCo Property is specifically conditioned on the approval by the Board of Trustees of the Town, and execution by the Town and Petitioner, of an annexation agreement between Petitioner and the Town,which incorporates the above terms. Pu ervice Company of C lora , a Colorado orat on By: er West anaging Director, Local Affairs Date: Alai. ro,20O5 PROPERTY DESCRIPTION Flack Annexation #2 A parcel of land being part of Lot Two (2) of the Southwest Quarter (SW1/4) of Section Six (6), Township Four North (T.4N.), Range Sixty-six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Said parcel of land being part of those strips of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company(DL&NR) and which was acquired by The Great Western Railway Company (GWRC) and being part of those parcels of land as described within the following Two (2) Quit Claim Deeds: Quit Claim Deed#1: Recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the Weld County Clerk and Recorder (WCCR), said document hereinafter referred to as Doc#1 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the WCCR, said document hereinafter referred to as Doc#2 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SWl/4 of said Section 6 as bearing South 00°25'53" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of said Doc#1; THENCE North 73°45'13" East along the Northerly line of said Doc#1 a distance of 99.84 feet to the TRUE POINT OF BEGINNING: THENCE continuing North 73°45'13" East along the Northerly line of said Doc#1 and Doc#2 a distance of 344.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet; THENCE South 73°45'13" West a distance of 324.00 feet; THENCE South 16°14'47" East a distance of 40.00 feet; THENCE North 73°45'13" East a distance of 324.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet to the Southerly line of said Doc#2; THENCE South 73°45'13" West along the Southerly line of said Doc#2 and Doc#1 a distance of 344.00 feet; THENCE North 16°14'47" West a distance of 30.00 feet; THENCE South 73°45'13" West a distance of 94.00 feet; THENCE North 16°14'47" West a distance of 40.00 feet; THENCE North 73°45'13" East a distance of 94.00 feet; THENCE North 16°14'47" West a distance of 30.00 feet to the TRUE POINT OF Property Description (continued) Flack Annexation#2 Said described parcel of land contains 25,200 Square Feet, more or less (±)(0.579 Acres, more or less (±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. /Qs0 R s Charles B. Jones - o �'.eha*f. 'netve t rs, Inc. -e ` � ��. . .ice �� Colorado Registered ',1 ec„sional > 1 J • Land Surveyor #22098 •�� KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2005040 (August 9, 2005) (File: N:\2005040\legal annexations flack\annexation #2-a.wpd) TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN CO 80543 PETITION FOR ANNEXATION FLACK We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Flack Annexation #3", and affirm the following to be true and correct as of September 27, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Town Planner will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers and/or the Town. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners understand that the RE5-J (and/or RE6) School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs. 17. If so requested by the Petitioners at the time of the filing of this petition for annexation with the Town of Milliken, separate supplements acceptable to the Town and those petitioners may be attached to the annexation. If the attachments are not mutually acceptable within 6 months of the filing of this petition for annexation, the petition may be withdrawn. The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#3 THE EXECUTION OF THIS PETITION BY PUBLIC SERVICE COMPANY OF COLORADO("PSCo")IS CONDITIONED UPON AND SUBJECT TO,THE TERMS AND CONDITIONS OF THE SUPPLEMENT HERETO EXECUTED BY PSCO. THIS SIGNATURE IS NOT EFFECTIVE OR BINDING ON PSCo IF SUCH SUPPLEMENT IS NOT ATTACHED HERETO. Public Service Company of Colorado, a Colorado corporation Property Owner Property Owner Manager,Siting and Land Rights Xcel Energy 550 15th Street, Suite 700 Denver,Colorado 80202-4256 Address Public S e Company of Colorado, a Address orado co oration B : Pete W st Signature Managi g Director, Local Affairs No V, /CJ 2005— Date Signed Date Signed Property Owner Property Owner Address Address Signature Signature Date Signed Date Signed STATE OF COLORADO )ss. COUNTY OF WELD , c0 N ?Lys ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above andfbregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. • Signature Subscribed and sworn to before me this I 4f" day of 1<" , 2005 . j M� DIN WITNESS my hand and offic'.:�:. ' y PfJ " My Commission Expires 1(3, 1bcf„ ( kr )JNo ary Public �,�*OF CO tr - The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#3 Rpa6e4A. E LAarGt1 Property Owner Property Owner /off► 4h iito�y 60 MOM , Co �'b5t?3 Address d j �Q,, ar.0} Address Signature Signature 16-041 Date igned 7�dent Aar Date Signed ire ,(Te0.rd& Property Owner Property Owner AZ 02n €1 fiy ctl C. fotSV Address Address AS-Atda Signer Signature /i— o DateSigned Date Signed STATE OF COLORADO ss. COUNTY OF WELD , vt -RAJ i ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the abov nd foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature ir0/4 Subscribed and sworn to before me this I 441 day of N S)VVC y\y'C , 200 . WITNESS my hand and offici )Y PD(/® . My Commission Expires 70J j/c( �' _ . Orr,.. ••••• ' .t L JENN 4 !.. : oary Pub I Supplement to Annexation Petition Flack Annexation#3 1. Public Service Company of Colorado reserves the right to withdraw this Petition at any time prior to the adoption of an annexation ordinance. 2. Public Service Company of Colorado owns only a portion of the property included within the proposed annexation and does not join in, or agree to be bound by, any affirmations or certifications contained herein, except insofar as they affect and apply to its ownership of its property(the"PSCo Property"). Public Service Company of Colorado is participating in this Petition with the express understanding and agreement that it will not be responsible for any of the obligations or costs associated with the annexation, nor any costs, impositions, or burdens,which may be imposed on the petitioners or landowners in any annexation agreement, or in ordinances or resolutions approving the Petition. Without limiting the generality of the foregoing, Public Service Company of Colorado is signing this Petition with the express understanding that Public Service Company of Colorado shall have no liability or obligation for or in connection with: (a)Fees for raw water purchase, trails and open space,public facilities infrastructure, streets,police infrastructure, capital investment, water meter purchase and taps, except to the extent that a water meter or tap is expressly requested by Public Service Company of Colorado to serve its property; (b)dedication of any easements or rights-of-way for streets and other public ways or for other public purposes; (c) the execution of, or compliance with, any Subdivision Improvements Agreement; (d) dedication of any easements or rights-of-way for installation and maintenance of infrastructure; (e) design or installation of transportation infrastructure, utility infrastructure, and stormwater improvements or to guarantee construction of any such improvements; (f)costs associated with the oversizing of infrastructure; (g) satisfaction of any public land dedication and landscaping requirements specified in the Town's Land Use Code. 3. Further, it is acknowledged that Public Service Company of Colorado presently uses its property for electric transmission and distribution facilities. Public Service Company of Colorado requests that the PSCo Property,be zoned A- "Agricultural District", or such other classification, in which electric transmission and distribution facilities are uses by right. Further,this Petition is submitted based on the understanding that the term"Utility Service Facilities"as used in the Land Use Code includes electric transmission and distribution facilities. 4. The execution and submission of this Petition by Public Service Company of Colorado and the annexation of the PSCo Property is specifically conditioned on the approval by the Board of Trustees of the Town, and execution by the Town and Petitioner, of an annexation agreement between Petitioner and the Town, which incorporates the above terms. Publ. ervic mpany of Colorado a Colorado orati DD// By: p�Clv ete West Managing Director, Local Affairs Date:gaV. to 2005 • PROPERTY DESCRIPTION Flack Annexation#3 A parcel of land being part of Lots One (1) and Two (2) of the Southwest Quarter (SW1/4) of Section Six (6), Township Four North (T.4N.), Range Sixty-six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Said parcel of land being part of those strips of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company (DL&NR) and which was acquired by The Great Western Railway Company (GWRC) and being part of those parcels of land as described within the following Two (2) Quit Claim Deeds: Quit Claim Deed#1: Recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the Weld County Clerk and Recorder (WCCR), said document hereinafter referred to as Doc#1 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the WCCR, said document hereinafter referred to as Doc#2 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53" East,being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of said Doc#1; THENCE North 73°45'13" East along the Northerly line of said Doc#1 and Doc#2 a distance of 443.84 feet to the TRUE POINT OF BEGINNING: THENCE continuing North 73°45'13" East along the Northerly line of said Doc#2 a distance of 915.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet; THENCE South 73°45'13" West a distance of 895.00 feet; THENCE South 16°14'47" East a distance of 40.00 feet; THENCE North 73°45'13" East a distance of 895.00 feet; THENCE South 16°14'47" East a distance of 30.00 feet to the Southerly line of said Doc#2; THENCE South 73°45'13" West along said Southerly line a distance of 915.00 feet; THENCE North 16°14'47" West a distance of 30.00 feet; THENCE South 73°45'13" West a distance of 324.00 feet; THENCE North 16°14'47" West a distance of 40.00 feet; THENCE North 73°45'13" East a distance of 324.00 feet; THENCE North 16°14'47" West a distance of 30.00 feet to the TRUE POINT OF Property Description (continued) Flack Annexation#3 Said described parcel of land contains 68,660 Square Feet, more or less (±) (1.576 Acres, more or less (±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. Charles B. Jones - on a fg S�iyey'� s, Inc. i ter rp :•v 2 LTA s% ✓ � //f Colorado Registered P onal • Land Surveyor #22098 ��,� 4��! �__ 7 KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2005040 (August 9, 2005) (File: N:\2005040\legal annexations flack\annexation#3-a.wpd) TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN CO 80543 PETITION FOR ANNEXATION FLACK We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Flack Annexation #4", and affirm the following to be true and correct as of September 27. 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Town Planner will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers and/or the Town. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners understand that the RE5-J (and/or RE6) School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs. 17. If so requested by the Petitioners at the time of the filing of this petition for annexation with the Town of Milliken, separate supplements acceptable to the Town and those petitioners may be attached to the annexation. If the attachments are not mutually acceptable within 6 months of the filing of this petition for annexation, the petition may be withdrawn. The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#4 Re. Bein. vd4- Property Owner Property Owner LA71.2i //toy 60 fk;(f;kg,, co gasg3 Address Q {��LetJLy��{}� Signature Address feet ' 6 Signature left 16 .3.00.h Date Signed Date Signed /2 II ha rd-6-- Property Owner 99 Property Owner /,2 a RI 3 ia,tt-liwy E0 4 ,'//,lo mI 00 g's 3 Address Address 4 .-, A Signature / Signature -.10 .14# Date Si gated Date Signed STATE OF COLORADO ss. COUNTY OF WELD i Sea K rat ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. ?Z ee Signature (/1 Subscribed and sworn to before me this- h day of i Vl CVe,yt, I�.C f , 2003 . WITNESS my hand and offi # k: ' My Commission Expires 7131 I Lt., JENNIFER ZINK yr. . @y Lary Public eOFco" • The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#4 (%4, ,L p' A/ /7ac if*nit,le Property Owner Property Owner /at /f b/-s'/ ‘o /Ceti to fdS Address p` Address Sign t Signature g -/—os— Date Signed Date Signed V•eJ7N /£arnrne/7Ze (1 Property Owner Property Owner / 260/5' //Leo)/ /v a /ys //, /Ye4/ Co goSS/D Address Address Signature Signature Date Signed Date Signed STATE OF COLORADO ss. COUNTY OF WELD )sg, w I L06 ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above and f&egoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. '�j Signature �. Subscribed and sworn to °H P day of ` j Df(�,IYI l F \ . , 2005 . WITNESS my hand ddirtoial sea .S.:� My Commission Expires 1 hi l 6(4, JENNIFER ZINK 'o Q tary Public % C. OF PROPERTY DESCRIPTION Flack Annexation#4 A parcel of land being part of Lots One (1) and Two (2) of the Southwest Quarter(SW1/4), part of the Northwest Quarter of the Southeast Quarter(NW 1/4 SE1/4) and part of Lot One(1) of the Northeast Quarter(NE1/4), ALL in Section Six (6), Township Four North (T.4N.), Range Sixty- six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Said parcel of land being part of those strips of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company(DL&NR) and which was acquired by The Great Western Railway Company(GWRC) and being part of those parcels of land as described within the following Two (2) Quit Claim Deeds: Quit Claim Deed#1: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the WCCR, said document hereinafter referred to as Doc#2 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571559 of the records of the WCCR, said document hereinafter referred to as Doc#2 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53" East,being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,North American Datum 1983/92, a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of that parcel of land as described within that Quit Claim Deed as recorded August 29, 1971 in Book 652 as Reception Number 1573739 of the records of the WCCR., said document hereinafter referred to as Doc#3; THENCE North 73°45'13" East along the Northerly line of said Doc#3 and Doc#1 a distance of 1358.84 feet to the TRUE POINT OF BEGINNING: Thence along the Northerly line of said Doc#1 and Doc#2 and a portion of the Easterly line of said Doc#2 by the following Three (3) courses and distances: THENCE continuing North 73°45'13" East a distance of 1790.26 feet to a Point of Curvature (PC); THENCE along the Arc of a curve which is concave to the North a distance of 628.18 feet, whose Radius is 5680.00 feet, whose Delta is 06°20'12", and whose Long Chord bears North 70°35'07" East a distance of 627.86 feet; THENCE South 01°17'52" East along a line non-tangent to the aforesaid line a distance of 32.18 feet to the beginning point of a curve. The aforesaid line being non-tangent to said curve; THENCE along the Arc of a curve which is concave to the North a distance of 619.81 feet, whose Radius is 5710.00 feet, whose Delta is 06°13'10", and whose Long Chord bears South 70°38'38" West a distance of 619.51 feet to the Point of Tangency(PT); THENCE South 73°45'13" West a distance of 1770.26 feet; THENCE South 16°14'47" East a distance of 40.00 feet; THENCE North 73°45'13" East a distance of 1770.26 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 216.83 feet, whose Radius is 5750.00 feet, whose Delta is 02°09'38", and whose Long Chord bears North 72°40'23" East a distance of 216.82 feet to the North line of said SE1/4; THENCE North 88"54'58" East along said North line and being along a line non-tangent to the aforesaid curve a distance of 98.20 feet to the beginning point of a curve. The aforesaid line being non-tangent to said curve. Said point being on the Southerly line of said Doc#2; Thence along the Southerly line of said Doc#2 and Doc#1 by the following Two (2) courses and Property Description(continued) Flack Annexation#4 THENCE along the Arc of a curve which is concave to the north a distance of 311.71 feet,whose Radius is 5780.00 feet,whose Delta is 03°05'24", and whose Long Chord bears South 72°12'31" West a distance of 311.67 feet to the PT; THENCE South 73°45'13" West a distance of 1790.26 feet; THENCE North 16'14'47" West a distance of 30.00 feet; THENCE South 73°45'13" West a distance of 895.00 feet; THENCE North 16014'47" West a distance of 40.00 feet; THENCE North 73°45'13" East a distance of 895.00 feet; THENCE North 16°14'47" West a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 170,675 Square Feet, more or less (±) (3.918 Acres, more or less (f)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information,belief, and in my professional opinion. DO G D' 4 Charles B. Jones - o be: . ` of' g A';ey e s, Inc. :V L y: i S Colorado Registeredi' cksional [7 � Land Surveyor #22098 KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2005040 (August 9, 2005) (File: N:\2005040\legal annexations flack\annexation#4-a.wpd) TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN CO 80543 PETITION FOR ANNEXATION FLACK We represent that we are the landowners of more than 50% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Flack Annexation #5", and affirm the following to be true and correct as of September 27, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of §31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Town Planner will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers and/or the Town. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners understand that the RE5-J (and/or RE6) School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs. 17. If so requested by the Petitioners at the time of the filing of this petition for annexation with the Town of Milliken, separate supplements acceptable to the Town and those petitioners may be attached to the annexation. If the attachments are not mutually acceptable within 6 months of the filing of this petition for annexation, the petition may be withdrawn. The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#5 P4Lhevt Bent LavJ Property Owner Property Owner I atoVI W&y 60 1111;11;kpAi, to kosea Address Address Signature Signature l bry.441 Date igned Date Signed 14..s-de-r' i er ,Acti'd& Property Owner Property Owner /4 ,n/ s 4. he &y ha ply; J,Pen , Address /- - Address Asti) eGh�/Zd�Lort,.f� Signature Signature .dot /6- os` Date Signed Date Signed STATE OF COLORADO ss. COUNTY OF WELD R, Sea,in 71n; 005 ,being fast duly sworn,upon oath deposes and says that he/she was the circulator of the above anti. oregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. S ,24 Signature p- p1 Subscribed and sworn to before me thi l r1 day of N J vv\b2.r , 200 j . WITNESS my hand and officia f!. e_Y PU®!%i My Commission Expires 7/3j "3 Co JENNIFER ; X. ZINK �� ry Publi ) tt%rb., csv. � `1"tCOF CON— The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#5 1°Ad , Lity 4 �f{ y ..sc eft zeLC 1 ) ovq kei Inerzy Property Owner Property Owner /Z i1Z- G0 PP3 Y Hw, 60 ea Fob 3 Milliken 0 ?ory3 Address Address 6"`''4",'/';n��"/ Gam' Signature" Signatu �� q — /— as 9"/As Date Signed Date Signed Ve/r/f/ /fa./77/77 B/3 ZB// Property l7 Owner /, Property Owner /.2C/5i bIT1( lv 0 //i//,/' ed CO &''0593 Address x +� Address Signature Signature y-/ S Date Signed Date Signed STATE OF COLORADO ss. COUNTY OF WELD R, H t ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above angibregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature /7 Jrr 1 r Subscribed and sworn to before me this I`-1l day of N CVFA.til ,2006 WITNESS my hand a My Commission Expires 7/31/t c.kt, et JENNIFER ZINK F/' po NttaryPubli qr •.. The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#5 E.//a /14ar,P Al yes 1\1DP..` V /IT 5 -C4 Property Owner Property Owner ?, p. 6/ ox 773 1 2 /t. 7/73 y / Sara.?cjcs Winn i n WA331 �GJ.I'4—k 9t7 )AI)) f1 ?`mil Address �J �J Address / e > i Signature U Si e a v o 5. �✓v ,Z DG Date igned Date Signed Property Owner Property Owner Address Address Signature Signature Date Signed Date Signed STATE OF COLORADO ) )ss. COUNTY OF WELD I ) . Set Pt P14 ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above fild foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature Subscribed and sworn to before me this 4 4lAn day of IN OVeonbcr ,2005. WITNESS my hand and offi?o,0fY P/jeee r,'r My Commission Expires I3i b b / r JEIVWIFER �cn ; J.7,04 zi- /Qs o ry Publ. %,F OF CO-eE The terms of this Petition are binding on the heirs,devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#5 le-AdYy / 4cn'C roperty Owner Property Owner /399S? 47G it 7 g' 11 Cwt L'v db5S�-j Address J Address Signature Signature Date Signed Date Signed Property Owner Property Owner Address Address Signature Signature Date Signed Date Signed STATE OF COLORADO )ss. COUNTY OF WELD R• 5get, 7Ih I.005 being first duly sworn,upon oath deposes and says that he/she was the circulator of the above and fcifegoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. • • Signature Subscribed and sworn to before me .i' ' I4__ T+ki day of i\DVE,w,l Cr , 2005 . WITNESS my hand and offs ( RY PUBe,e,'+ My Commission Expires -7/�j(/r)(o 4 JENNIFER 4 + 111 4I ° am�'. boo: ,,‘,„ coy_ The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#5 ElpaabcN.• L.spot,, l y uti f Spzme Lt Property Owner Property Owner 6.4t A1tk-tcS r WA: g 4/6 SS 'Lo O Rt t L �i.. e-1ot.tg t Z'lC 49'0°7- a ujO L k- CeD (P6 L3 7 Address�ys�(1/�A Address �a1` - eQ/ Signature afore (St 200 r — /S-� 5— Date Sign Date Signed at rte. L-OurrS 40 OrPt Property Owner eA / Property Owner t'7 lYebi/mti5�ti� LAtie„ i) J 7X 7s? zs Address Address Signature Signature B-iS--aS" Date Signed Date Signed STATE OF COLORADO ss. COUNTY OF WELD I ) 'R, 6,e..IA 71A 1S'j9S ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above aM foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature - I Subscribed and sworn to before m �`: fix, day of N C✓`e , 2005 . WITNESS my hand and offic./ 31< . 'II My Commission Expires 7I ii//Ob JENNIFER ZNK qN' o 0% tart'Pu 1 c q� ®FO� �C �QQ's PROPERTY DESCRIPTION Flack Annexation#5 A parcel of land being part of following Three (3) Sections: SECTION Six (6), Township Four North (T.4N.), Range Sixty-six West (R.66W.) Part of Lot Two (2) of the Southwest Quarter (SW 1/4), part of the Northwest Quarter of the Southeast (NW1/4 SE1/4) and part of Lot One (1) of the Northeast Quarter (NE1/4) SECTION Five (5), Township Four North (T.4N.), Range Sixty-six West (R.66W.) Part of Lots One (1) and Two (2) of the Northwest Quarter (NW1/4) and part of Lot Two (2) of the Northeast Quarter(NE1/4) SECTION Thirty-two (32), Township Five North (T.5N.), Range Sixty-six West (R.66W.) Part of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) ALL of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Said parcel of land being part of those parcels of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company(DL&NR) and which was acquired by The Great Western Railway Company (GWRC) and being part of those parcels of land as described within the following Six (6) Quit Claim Deeds: Quit Claim Deed#1: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the Weld County Clerk and Recorder (WCCR), said document hereinafter referred to as Doc#1 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571559 of the records of the WCCR, said document hereinafter referred to as Doc#2 Quit Claim Deed#3: Recorded August 14, 1971 in Book 650 as Reception Number 1571555 of the records of the WCCR, said document hereinafter referred to as Doc#2 Quit Claim Deed#4: Recorded August 14, 1971 in Book 650 as Reception Number 1571566 of the records of the WCCR, said document hereinafter referred to as Doc#4 Quit Claim Deed#5: Recorded August 14, 1971 in Book 650 as Reception Number 1571557 of the records of the WCCR, said document hereinafter referred to as Doc#5 Quit Claim Deed#6: Recorded August 14, 1971 in Book 650 as Reception Number 1571558 of the records of the WCCR, said document hereinafter referred to as Doc#6 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West line of the SW1/4 of said Section 6 as bearing South 00°25'53" East, being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of that parcel of land as described within that Quit Claim Deed as recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the WCCR, said document hereinafter referred to as Doc#7; Thence alone the Northerly line of said Doc#7, Doc#1 and Doc#2 by the following Two Property Description (continued) Flack Annexation#5 THENCE along the Arc of a curve which is concave to the North a distance of 628.18 feet, whose Radius is 5680.00 feet, whose Delta is 06°20'12", and whose Long Chord bears North 70°35'07" East a distance of 627.86 feet to the TRUE POINT OF BEGINNING: Thence along the Northerly line of said Doc#3 through Doc#6 inclusive by the following Six (6) courses and distances: THENCE continuing along the Arc of a curve which is tangent to the aforesaid curve and which is concave to the North a distance of 98.77 feet, whose Radius is 5680.00 feet, whose Delta is 03°00'49", and whose Long Chord bears North 65°54'36" East a distance of 298.73 feet; THENCE North 25°35'49" West along a line radial to the aforesaid curve a distance of 50.00 feet to the beginning point of a curve. The said line being radial to said curve; THENCE along the Arc of a curve which is concave to the North a distance of 176.84 feet, whose Radius is 5630.00 feet, whose Delta is 01°47'59", and whose Long Chord bears North 63°30'12" East a distance of 176.83 feet to the Point of Tangency (PT); THENCE North 62°36'13" East a distance of 610.00 feet; THENCE South 27°23'47" East a distance of 50.00 feet; THENCE North 62°36'13" East a distance of 4680.55 feet; THENCE South 27°23'47" East a distance of 30.00 feet; THENCE South 62°36'13" West a distance of 5240.55 feet; THENCE South 27°23'47" East a distance of 40.00 feet; THENCE North 62°36'13" East a distance of 5240.55 feet; THENCE South 27°23'47" East a distance of 30.00 feet to the Southerly line of said Doc#6; Thence along the Southerly line of said Doc#6 through Doc#3 inclusive by the following Eight (8) courses and distances: THENCE South 62°36'13" West a distance of 4680.55 feet; THENCE South 27°23'47" East a distance of 50.00 feet; THENCE South 62°36'13" West a distance of 610.00 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 183.12 feet, whose Radius is 5830.00 feet, whose Delta is 01°47'59", and whose Long Chord bears South 63°30'12" West a distance of 183.11 feet; THENCE North 25°35'49" West along a line radial to the aforesaid curve a distance of 50.00 feet to the beginning point of a curve. The aforesaid line being radial to said curve; THENCE along the Arc of a curve which is concave to the North a distance of 342.93 feet, whose Radius is 5780.00 feet, whose Delta is 03°23'58", and whose Long Chord bears South 66°06'10" West a distance of 342.88 feet; THENCE South 01°1752" East along a line non-tangent to the aforesaid curve a distance of 97.20 feet; THENCE South 88°54'58" West a distance of 370.29 feet to the beginning point of a curve. The aforesaid line being non-tangent to said curve; THENCE along the Arc of a curve which is concave to the North a distance of 216.83 feet, whose Radius is 5750.00 feet, whose Delta is 02°09'38", and whose Long Chord bears South 72°40'23" West a distance of 216.82 feet to the PT; MMT.TCQ c,,,,th 7VztS'1l" West a distance of 1770.26 feet; Property Description (continued) Flack Annexation #5 THENCE along the Arc of a curve which is concave to the North a distance of 619.81 feet, whose Radius is 5710.00 feet, whose Delta is 06°13'10", and whose Long Chord bears North 70'38'38" East a distance of 619.51 feet; THENCE North 01°17'52" West along a line non-tangent to the aforesaid curve a distance of 32.18 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 566,967 Square Feet, more or less (f) (13.016 Acres, more or less (f)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information, belief, and in my professional opinion. Charles B. Jones - on .,:� r `. site s, Inc. ,v 220:8 °I Colorado Registered "�. & ional '�� % - eS. Land Surveyor #22098 '4L LAND • KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2005040 (August 9, 2005) (File: N:\2005040\legal annexations flack\annexation #5-a.wpd) TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN CO 80543 PETITION FOR ANNEXATION FLACK We represent that we are the landowners of more than 50% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Flack Annexation #6", and affirm the following to be true and correct as of September 27, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Town Planner will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers and/or the Town. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners understand that the RE5-J (and/or RE6) School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs. 17. If so requested by the Petitioners at the time of the filing of this petition for annexation with the Town of Milliken, separate supplements acceptable to the Town and those petitioners may be attached to the annexation. If the attachments are not mutually acceptable within 6 months of the filing of this petition for annexation, the petition may be withdrawn. Supplement to Annexation Petition Flack Annexation# 6 1. If, in the sole discretion of the petitioners, at any time prior to the approval of a final plat, it becomes unacceptable or undesirable to complete the annexation and platting process,the petitioners may withdraw this petition without penalty or consequence to them. roperty Owner gill Property Owner Sae 4(4 gill /- i (Catest M &'/ �� a06 Address `Ad ess Signature Signa /C Bdt{1P.u+6¢A clear ;2tiA&Y /&-m2"-/-Q. -- Date Signed Date ligned The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#6 �Ovc ka merzP// Property Owner Property Owner 1j 1/z)3 St. Hut 't miWet> ro ro5 'y Address Address ��} ��'//J Signatare(�� -�' Signature V, /as- Date Signed Date Signed Property Owner Property Owner Address Address Signature Signature Date Signed Date Signed STATE OF COLORADO ) ss. COUNTY OF WELD e.etyt "A1 being first duly sworn,upon oath deposes and says that he/she was the circulator of the above and fbtEgoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature Subscribed and sworn to before me this *tin day of I V CVC°,rnLer- , 200` WITNESS my hand and official �)Y'•.!'f'(/®1, My Commission Expires 1 I i 1 t t, j.. JENNIFER ZINK ��v�� n: Nis to, of Public The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#6 Ella. Mare, Date. Aide) )/ /7/r70-5 AA' Property Owner Property Owner -o Box 773 F(7, / 773 Sarafoclrc/ Wy/mm ��c D.33/ s �Oo7L �, `1'9 72 O'( Address �J / Address !/! ahco� Si . a,re /✓c1A2 2005 o t/P m ,v.-ZOI)t Date Signed Date Signed Property Owner Property Owner Address Address Signature Signature Date Signed Date Signed STATE-OF—COLORADO )ss. COUNTY OF WELD 3e 4A IAA t ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature n1 Subscribed and sworn to before me this day of I v , 200(6 . a"'• P••B4:� X131(b WITNESS my hand and offici.�'.• ,..�•""'••.,(j�tr, My Commission Expires � ?` i = JENNIFER i Zit?: 1�t�4r.•1��X•OQ tary Publ The terms of this Petition are binding on the heirs,devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#6 ,4"/-&ii 7 e;4: c ; Property Owner Property Owner 399e)4/c,f 3_7<f- ( J -mss/-s Addfess Address Signature Signature // —b — Date Signed Date Signed Property Owner Property Owner Address Address Signature Signature Date Signed Date Signed STATE OF COLORADO ss. COUNTY OF WELD '� R. pt '17%lag, being fust duly sworn,upon oath deposes and says that he/she was the circulator of the above and ifilfregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature Subscribed and sworn to before me this .04-1-h day of (vOvrx&r , 200) . WITNESS my hand and offs oat ?' My Commission Expires-113i/9 C. f'4V. f, ` C 1t1 r fJENNIFER i • I C yG�IUfGI7 •cii ZINK @o1� o rye '$OF'C MO-4" The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#6 lit.aln at.(_, SpovLe.r tuts E. Speeneit Property Owner Property Owner (411 At't,b.aStU.t4.tiP `/dS-g- so Owetj� Sl t-64.4.0. , 1-7-bo7- ®i w u t I;6 .2-3 7 Address Address Signs r�,�Lv+r Si e !S, Zoos F—/f D s Date Signe Date Signed Erie_ Loo Stontite Property Owner Property Owner t z'17 Pf ea`6n s Lire Lae AJ TX 7sz( Address Address ‘.1" 6.44 Signature Signature Date Signed Date Signed STATE OF COLORADO ss. COUNTY OF WELD Sea. -p"` i, ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above a foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. iRt Signature Subscribed and sworn to before me this )11-111 day of NI L Vt r , 200 J WITNESS my hand and offici a Rti Pij®, My Commission Expires 1131 L 6 L JENNIFER ZINK "'1' lib tart'Pubh e aF daS' The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore,the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Flack Annexation#6 THE EXECUTION OF THIS PETITION BY DUANE E.FLACK AND PATRCIA COLLEEN FLACK IS CONDITIONED UPON AND SUBJECT TO,THE TERMS AND CONDITIONS OF THE SUPPLEMENT HERETO EXECUTED BY DUANE E.FLACK AND PATRICIA COLLEEN FLACK. THIS SIGNATURE IS NOT EFFECTIVE OR BINDING ON DUANE E. FLACK AND PATRICIA COLLEEN FLACK IF SUCH SUPPLEMENT IS NOT ATTACHED HERETO. operty Owner Property Owner 1 �d6�5 G g / u�&off lo% O/JE)G/e— Ad s Address e (etezea ignature ignapirc IS. Ake u ier oleo ---411,i17211, / Date Signed Date Signed STATE OF COLORADO ss. COUNTY OF WELD Lt vt f ,being first duly sworn,upon oath deposes and says that he/she was the circulator of the above an oregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature 14 Subscribed and sworn to before me this J day of Ni 0 fe yv, bp._f , 200S .a �3i ' WITNESS my hand and official sea ^`,`p(y'� p�®sI My Commission Expires1 CAP s r N� f�r o : Public j tl�pFQ C t- PROPERTY DESCRIPTION Flack Annexation#6 A parcel of land being part of following Six (6) Sections: SECTION Six (6), Township Four North (T.4N.), Range Sixty-six West (R.66W.) Part of Lot One (1) of the Northeast Quarter(NE1/4) SECTION Five (5), Township Four North (T.4N.), Range Sixty-six West (R.66W.) Part of Lots One (1) and Two (2) of the Northwest Quarter(NW 1/4) and part of Lot Two (2) of the Northeast Quarter(NE1/4) SECTION Twenty-eight(28), Township Five North (T.5N.), Range Sixty-six West (R.66W.) Part of the Southwest Quarter(SW1/4) SECTION Twenty-nine (29), Township Five North (T.5N.), Range Sixty-six West (R.66W.) Part of the Southeast Quarter(SEI/4) SECTION Thirty-two (32), Township Five North(T.5N.), Range Sixty-six West (R.66W.) Part of the East Half(E1/2) SECTION Thirty-three (33), Township Five North(T.5N.), Range Sixty-six West (R.66W.) Part of the West Half(W1/2) ALL of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado. Said parcel of land also being part of those parcels of land as originally deeded to The Denver, Laramie and Northwestern Railroad Company(DL&NR) and which was acquired by The Great Western Railway Company(GWRC) and being part of those parcels of land as described within the following Four(4) Quit Claim Deeds: Quit Claim Deed#1: Recorded August 14, 1971 in Book 650 as Reception Number 1571555 of the records of the WCCR, said document hereinafter referred to as Doc#1 Quit Claim Deed#2: Recorded August 14, 1971 in Book 650 as Reception Number 1571566 of the records of the WCCR, said document hereinafter referred to as Doc#2 Quit Claim Deed#3: Recorded August 14, 1971 in Book 650 as Reception Number 1571557 of the records of the WCCR, said document hereinafter referred to as Doc#3 Quit Claim Deed#4: Recorded August 14, 1971 in Book 650 as Reception Number 1571558 of the records of the WCCR, said document hereinafter referred to as Doc#4 and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 6 and assuming the West of the Southwest Quarter(SW1/4) of said Section 6 as bearing South 00°25'53" East, being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 2737.84 feet with all other bearings contained herein relative thereto: THENCE South 00°25'53" East along said West line a distance of 816.82 feet to the Northwest Corner of that parcel of land as described within that Quit Claim Deed#5 as recorded August 20, 1971 in Book 652 as Reception Number 1573739 of the records of the WCCR said document hereinafter referred to as Doc#5; Thence along the Northerly line of said Doc#5 and the Northerly line of the following Six (6) parcels of land: Quit Claim Deed#6: Recorded August 14, 1971 in Book 650 as Reception Number 1571560 of the records of the Weld County Clerk and Recorder(WCCR), said document hereinafter referred to as Doc#6 Quit Claim Deed#7: Recorded August 14, 1971 in Book 650 as Reception Number 1571559 of the records of the WCCR, said document hereinafter referred to as Doc#7 Property Description (continued) Flack Annexation#6 THENCE along the Arc of a curve which is concave to the North a distance of 926.94 feet, whose Radius is 5680.00 feet, whose Delta is 09°21'01", and whose Long Chord bears North 69°04'42" East a distance of 925.91 feet; THENCE North 25°35'49" West along a line radial to the aforesaid curve a distance of 50.00 feet to the beginning point of a curve. The aforesaid line being radial to said curve; THENCE along the Arc of curve which is concave to the North a distance of 176.84 feet, whose Radius is 5630.00 feet, whose Delta is 01'47'59", and whose Long Chord bears North 63°30'12" East a distance of 176.83 feet to the Point of Tangency(PT); THENCE North 62°36'13" East a distance of 610.00 feet; THENCE South 27'23'47" East a distance of 50.00 feet; THENCE North 62°36'13" East a distance of 4680.55 feet to the TRUE POINT OF BEGINNING: THENCE continuing North 62°36'13" East along the Northerly line of the aforesaid Doc#4 a distance of 1255.94 feet to the Westerly Right-Of-Way(ROW) line of Weld County Road#29 (WCR#29) and being a point Thirty feet(30')Westerly of as measured at right angles to the Southwest Quarter(SW 1/4) of said Section 33; Thence along said Westerly ROW line of said WCR#29 and being along a line 30' Westerly of as measured at right angles to and parallel with the Westerly line of said Section 33 by the following Four(4) courses and distances; THENCE North 00°17'55" West a distance of 665.31 feet; THENCE North 00'19'52" West a distance of 1300.09 feet; THENCE North 00'01'54" West a distance of 2578.33 feet; THENCE North 00°04'34" East a distance of 60.01 feet to the Northerly ROW line of Weld County Road#52 (WCR#52) and being a point 30'Northerly of as measured at right angles to the South line of the SE1/4 of said Section 29; Thence along the Northerly ROW line of said WCR#52 and being along a line 30'Northerly of as measured at right angles to the Northerly line of said Section 29 and Section 28 by the following Two (2) courses and distances: THENCE North 89°22'13" East a distance of 29.59 feet THENCE North 89°24'39" East a distance of 2607.259 feet to the Westerly ROW line of Weld County Road#29 1/2 (WCR#29 1/2) and being a point 30' Westerly of as measured at right angles to the Easterly line of the W1/2 of said Section 33. Said point being the Northwest Corner of Rehmer Lake Annexation No. 3 to the City of Evans (COE) as recorded March 6, 2003 as Reception Number 3039303 of the records of the Weld County Clerk and Recorder(WCCR); Thence along said Westerly ROW and the Westerly line of said Rehmer Lake Annexation No. 3 and the Westerly line of Rehmer Lake Annexation No. 4 to the COE as recorded March 6, 2003 as Reception Number 3039303 of the records of the WCCR and the Westerly line of County Road 29 1/2 Annexation to the COE as recorded May 7, 2007 as Reception Number 3178307 of the records of the WCCR by the following Five (5) courses and distances: THENCE South 00°09'19" West a distance of 1315.08 feet; THENCE South 01°01'48" East a distance of 304.98 feet; THENCE South 00'21'02" West a distance of 1907.73 feet; THENCE South 02'15'01" West a distance of 430.37 feet; THENCE North 88°03'48" East a distance of 101.90 feet to the East line of the SW 1/4 of said Section 33. Said point being the Northwest Corner of Rumsey-Weming-Camenisch Annexation No. 13 (RWCA#13)to the COE as recorded May 7, 2004 as Reception Number 3178305 of the records of the WCCR; Al°ns'nR" Pact alnnn said East line and the West line of said RWCA#13 a Property Description(continued) Flack Annexation#6 THENCE South 88°38'20" West along the South line of said SW1/4 a distance of 2660.68 feet the Easterly ROW line of said WCR#29 and being a point 30'Easterly of as measured at right angles to the West line of the Southwest Corner of said Section 33; THENCE North 00°17'55" West along said Easterly ROW line and being along a line 30' Easterly of as measured at right angles to and parallel with the West line of said SW 1/4 a distance of 552.54 feet to the Southerly line of the aforesaid Doc#4; THENCE South 62°36'13" West along the Southerly line of said Doc#4 and Doc#3 a distance of 1272.17 feet; THENCE North 2T23'47" West a distance of 30.00 feet; THENCE South 62°36'13" West a distance of 5240.55 feet; THENCE North 27°23'47" West a distance of 40.00 feet; THENCE North 62°36'13" East a distance of 5240.55 feet; THENCE North 27°23'47" West a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 14,134,800 Square Feet, more or less (±) (324.490 Acres, more or less (±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge, information,belief, and in my professional opinion. DO E Charles B. Jones - on b alts g SuiQQgyor c. vit y° , 09149,r Colorado Registered P s4onal Land Surveyor #22098 LAO KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970) 686-5011 Project Number: 2005040 (August 9, 2005) (File: N:\2005040\legal annexations flack\annexation#6-a.wpd) Hello