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Home My WebLink About20020625.tiff TOWN OF JOHNSTOWN PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that a petition for Annexation of territories hereinafter described as the Wind Farm Annexation have been presented to the Town Board of Johnstown, Colorado and found to be in apparent compliance with the applicable provisions of law and the Town Board has adopted a Resolution to set a public hearing to be held at 7:00 p.m. on Monday, April 1, 2002 in the Town Hall at 101 Charlotte Street in Johnstown, Colorado to determine if the proposed annexation complies with the applicable requirements of law. The Resolution adopted by the Town Board for such purposes is in words, letters and figures as follows: TOWN OF JOHNSTOWN RESOLUTION NO. 2002-05 WHEREAS, a written petition, together with five (5) prints of an annexation map, was heretofore filed with the Town Clerk requesting the annexation of certain property to be known as the WIND FARM ANNEXATION, more particularly described as situate in the County of Weld, State of Colorado, to wit: See attached Exhibit A WHEREAS, The Town Board desires to initiate annexation proceedings in accordance with the law. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF JOHNSTOWN, COLORADO: Section 1. That the Town Board hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107 and desire to initiate annexation proceedings in accordance with law. Section 2. The Town Board shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105 or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS. A hearing shall be held on theist day of April, 2002, in the Board meeting room of the Town of Johnstown, 101 Charlotte Street, Johnstown, Colorado, at 7:00 p.m. Section 3. The Town Clerk shall publish notice of such hearing once per week for four(4) successive weeks in the Johnstown Breeze,with the first publication at least thirty (30) days prior to the date of the hearing. The Town Clerk shall also send a copy of 2002-0625 (7� /).Z llrh'l ) /kid (.// :5D. L_ <�—�) this resolution and the petition for annexation to the Clerk to the Board of County Commissioners, the County Attorney and to any special district or school district within the area proposed for annexation. PASSED, APPROVED AND ADOPTED this 23rd day of January, 2002. TOWN OF JOHNSTOWN, COLORADO By: s/s Troy D. Mellon Mayor ATTEST S/s Diana Seele Town Clerk The Legal Description of the property is as follows: EXHIBIT "A" LEGAL DESCRIPTION THE WEST ONE-HALF, AND A PORTION OF THE EAST ONE-HALF OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE NORTHWEST CORNER OF SAID SECTION 17 BY A 3-1/2" ALUMINUM CAP IN RANGE BOX--L.S. 4392, AND AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 17 BY A 3-1/2" ALUMINUM CAP 0.7' BELOW SURFACE-L.S.4392, IS CONSIDERED TO BEAR S88 40'30"E, WITH ALL BEARING HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 17; THENCE S88 40'30"E ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 2487.98 FEET TO THE NORTH ONE-QUARTER CORNER OF SAID SECTION 17; THENCE S88 41'18"E ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 92.69 FEET; THENCE S02 19,43"E ALONG A LINE ADJACENT TO THE CENTERLINE OF SAID SECTION 17 MEASURING 92.69 FEET ON THE NORTH LINE OF SAID SECTION 17 AND 151.00 FEET ON THE SOUTH LINE OF SAID SECTION 17, A DISTANCE OF 5291.08 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 17; THENCE N88 57'30W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 151.00 FEET TO THE SOUTH ONE-QUARTER CORNER OF SECTION 17; THENCE N88 57'30"W ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 2421.31 FEET OT THE SOUTHEAST CORNER OF SAID SECTION 17; THENCE N02 24'37"W ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 2652.40 FEET TO THE WEST ONE-QUARTER CORNER OF SAID SECTION 17; THENCE N02 24'37"W ALONG THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 2651.90 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 13,623,390.00 SQUARE FEET OR 312.75 ACRES MORE OR LESS. This property is located south of Weld County Road 46 and east of Weld County Road 15 approximately 1 mile south of Highway 60. The applicant/developer is also requesting approval of Residential PUD zoning for the annexation. Published in the Johnstown Breeze: February 28, March 7, 14, 22, 2002. f • S S S S Annexation Impact Report and Overall Development Plan r For 1 The "Wind Farm" 1 1 1 Prepared By: 1 1 Carlson Associates 1 PO Box 247 Eastlake, Co. 80614 I Prepared For: The Town of Johnstown 101 Charlotte St. Johnstown, Co. 80534 October 15, 2001 Table of Contents re re rere 1 . Annexation and Impact Report .1 PO 2. Exhibit "A" (Legal Description) ►� 3. Exhibit "B" (Title Commitment) ore re 4. Exhibit "C" (Water and Sewer Demand) PO re 5. Exhibit "D" (Design Standards) r Pe 6. Overall Development Plan Map A Pe 7. Overall Utility Plan re re ►e r re re ore 0* ►O I I I Annexation Impact Report and Outline Development Plan "Wind Farm" Johnstown, Colorado October 15, 2001 1 1 Owner: Frank Wind 4816 Broadmoor Ct. Fort Collins, Co. 80528 1 Applicant/Developer: Scott Carlson PO Box 247 Eastlake, Co. 80614 Planning Consultant: Bronson Design Alan Bronson 224 Potomac Street, Suite 102 Aurora, Co. 80011 Engineer: Bronson Design Alan Bronson 224 Potomac Street, Suite 102 Aurora, Co. 80111 Surveying: A and R Land Surveying, L.L.C. 224 Potomac St., Suite 102 Aurora, Co. 80111 Legal Description: Attached as Exhibit "A" Property Ownership Information: Title Commitment attached as Exhibit"B" 1 r 1 1 1 Water Rights Information: The Wind Farm property currently has 5 shares of Hillsboro Ditch and 60 shares of Colorado Big Thompson water that are appurtenant to the property. I Project Concept: The Wind Property is located at the SEC of WCR 46 and 15. The property is adjacent to the recently annexed "Riverbend Estates" on the east and the "Red Mountain 1 and 2" project to the north. West and south of the property are large undeveloped tracts of land. The subject property consists of 312 acres and is proposed to be annexed and zoned into the Town of Johnstown as a Residential-PUD. The project will consist of varying lot sizes and densities. The minimum lot size shall be 6,000 square feet. The proposed ODP for the property takes into account the natural features of the property. The plan as submitted will allow for up to 703 dwelling units with an overall density of 2.30 dwelling units per acre. The project will consist of at least 30% irrigated and non-irrigated park area and opens space. There will be two (2) large public open space tracts. One tract is located around the Little Thompson River, where active and passive recreational opportunities will be established. The other large tract will be north of the Hillsboro Ditch along the prominent bluffs in that area. The development of the Wind Farm will include significant infrastructure improvements. WCR's 46 and 15 will be improved on those portions that are contiguous to the property. The applicants will also work with the developers of"Red Mountain 1 and 2" and "Riverbend Estates"to ensure that street connections through our respective developments are made. The applicants will participate, with other developers, in the extension of water, sewer and storm drainage improvements. The proposed Wind Farm development is in keeping with the Johnstown Comprehensive Plan, which designates the property for "Residential Uses." The applicants believe that the annexation and ODP as submitted will ultimately lead to a responsible development that will add to the diversity of housing stock in the Johnstown area. Site Features: The most prominent natural features of the property include the Little Thompson River and the bluffs on the south side of the property due to a steep increase in elevation. The property between the Hillsboro Ditch and WCR 46 is characterized by gentle sloping towards the Little Thompson. The property currently has two (2) residences and a few outbuildings. The property has been historically utilized for agriculture purposes. Existing Land Use and Zoning: The property is currently vacant land and is zoned as "Agriculture" in Weld County. A table of proposed land uses and densities is depicted below. SITE DATA TABLE NUMBER OF AREA X OF TOTAL 0EN'TY ON£LL/N6 PLANNING AREA (AC) AREA DU. /AC. UN/7S PA /1 SCHOOL SITE 2100 7.54% (REQ 14.3 AC. SCHOOL SHE) PA /2 30.83 10.11% 4.28 132 PA /7 19.87 6.51% 4.68 93 PA /4 2139 7.67X 4.45 104 PA /5 6850 22.46% 147 238 PA /G 2564 9.39% 4.75 136 COLLECTOR/ARTERIAL R.O.W. 20.66 6.77% OPEN SPACE/PARK 90.16 29.55w SCHOOL_ STE OPEN SPACE CREDIT 8 70 TOTAL OPEN SPACE/PARA' 98.86 12.41% TOTAL 305.05 100% 703 CROSS DENSITY: 230 DU/AC. PROPOSED ZONING. RESIDENTIAL PUD Public Land Use Dedication: The Wind Farm Development will include over 30% of the property to be designated for irrigated and non-irrigated public open space. The bulk of the open space will be located around the Little Thompson River corridor and to the south of the Hillsboro Ditch. The applicants are also proposing a 23 acre "Middle School" site within the subdivision. The applicant has met with the school district to negotiate a site at an agreeable location. The applicant is also dedicating more than the required amount land to the school district in order to accommodate a full "Middle School." Vehicular, Bike and Pedestrian Circulation: The Wind Farm project will be accessed at three (3) primary locations. One (1) access will be located at WCR 46 and the other two (2) will be positioned on WCR 15. All access points will be onto 80 foot collector streets within the subdivision. The plan as proposed also aligns street connections with the proposed "Riverbend Estates" and "Red Mountain" subdivisions. All remaining streets within the Wind Farm will 60 foot local streets. The rights-of-way within the project will be built to town standards and code. The project will also include trail corridors throughout the property and provide for connections to be made to adjoining subdivisions. The Wind farm will have two (2) major trail systems, one (1) that parallels the Little Thompson River and one (1) that parallels the Hillsboro Ditch. Trail connections will also be made next to the proposed school site to the Little Thompson corridor. 1 / 1 1 Development Phasing and Schedule: 1 The project will be broken up into at least three phases. Phase I will consist of the 1 medium density areas north of the Little Thompson. Phases II and III will contain those lots between the Hillsboro Ditch and the Little Thompson. Total build-out time is expected to between four(4) to six (6) years. 1 Fiscal Impact: 1 There is not a commercial or retail component proposed for this development and thus no fiscal impact can be projected. 1 1 Johnstown Utilities: A new water main is anticipated to be extended from the north along WCR 15, south to service the Red Mountain subdivision. It is understood that this line will serve the Wind Farm also. Another water main is anticipated to be constructed along WCR 46 to complete a loop with water mains being constructed along WCR 17. The Wind Farm will be serviced by sanitary sewer via line improvements being made along WCR 17 which will service existing and proposed subdivisions in the area. The Wind Farm property will access these new sewer lines through improvements made within the "Riverbend Estates" subdivision. Sewer will be conveyed to a proposed lift station on WCR 17 and pumped to the Town treatment facilities. Service and Other Utility Providers: Ambulance: Weld County Ambulance Service Electricity: Public Service Company of Colorado Natural Gas: Public Service Company of Colorado Telephone: Qwest Cable TV: US Cable Trash Collection: Private Haulers Fire: Johnstown Fire Protection Library: Weld County Library District Police: Johnstown Police department Recreation: Thompson Rivers Recreation District Schools: Weld County School District RE-5J Aims Junior College Infrastructure Maintenance: Town of Johnstown Mineral Rights Owners and Lessees; Ditch Companies: Union Pacific Railroad Company 1416 Dodge Street Omaha,NE 68179 Book 36, Page 265, March 6, 1883 Book 86, Page 203, August 21, 1889 Book 145, Page 121, September 14, 1895 Albert Stroh and Lidia Stoh Undivided 1/2 interest in Minerals Book 1383, Page 318, February 27, 1954 J. Walter Rankin and Dortha Rankin Undivided 1/2 interest in Minerals Book 1634, Page 371 Oil and Gas Lease Reception No. 1810822, Book 889 December 3, 1979 C. Marion Harmon Mineral Reservation Reception No. 2123147, Book 1178, December 2, 1987 Hillsboro Ditch Company The Hillsboro bisects the subject property School Impact: The Wind Farm Property will have the following impact on the local school system: Number of Proposed Dwelling Units: 703 Elementary School (0.345 students) 243 Middle School (0.170 students) 120 High School (0.195 students) 137 Total Students at build-out: 500 Statement of Conformance with the Johnstown Comprehensive Plan: The subject property is proposed for annexation and zoning into the Town of Johnstown. The Comprehensive Plan for Johnstown designates the property for "residential" uses, a park and open space corridor along the Little Thompson River, and a future "school site." The plan as proposed follows the recommendations of the Comprehensive plan map. Additionally, the application shall conform to the following goals as described below: Goal #1, Policy 1.2.1: establish a method for school and park dedications in cooperation with the Johnstown-Miliken School District. The applicant has met with school district and is proposing a 23 acre central "Middle School" site within the subdivision Goal#4 (Transportation): The applicant is proposing a circulation system within the property that will funnel traffic from local streets to collector streets and ultimately to arterial streets. All road ways will be built to town specifications. Goal # 7: designate land uses providing for a wide variety of residential densities in appropriately planned locations. The subject property will include lot sizes ranging from 6,000 square feet to 15,000 square feet. This range will allow for a diversification in housing type to be built within the property. Goal#15: ensure land plans for residential neighborhoods include a centrally located park/school site of at least 15 acres if jointly owned by the Town and the School District. The applicant is proposing a 23 acre school site that will be contiguous to 43 acres of open space and park along the Little Thompson River. Goal#20: preserve wetland,wildlife habitats and natural areas especially in conjunction with development along the Little Thompson River. The development plan as proposed preserves 43 acres of open space along the Little Thompson corridor. This corridor will connect to similar preservation areas being proposed within the Riverbend Estates subdivision. Summary: The applicants feel that the ODP for the Wind Farm as proposed will be a project that enhances the types of housing within Johnstown and meets a market demand. The applicant has been careful to preserve sensitive areas of the property while creating a viable residential project. ii •• Exhibit A .• PO- pie LEGAL DESCRIPTION: we THE WEST ONE-HALF, AND A PORTION OF THE EAST ONE-HALF OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY PIA OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: Pe O. BASIS OF BEARING: .+ al THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 4 o s NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING MONUMENTED AT THE NORTHWEST CORNER OF SAID SECTION 17 BY A 3-1/2" ALUMINUM CAP la IN RANGE BOX-LS. 4392 AND AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 17 BY A 3-1/2" ALUMINUM CAP 0.7' BELOW SURFACE-L.S. 4392, IS odi CONSIDERED TO BEAR S88'40130"E, WITH ALL BEARING HEREIN RELATIVE THERETO; oil COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 17; THENCE ▪ S88'40'30"E ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 2487.98 FEET TO THE NORTH ONE-QUARTER AI CORNER OF SAID SECTION 17; Oil THENCE S88'41'18"E ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 92.69 FEET; op THENCE S0219'43"E ALONG A LINE ADJACENT TO THE CENTERLINE OF SAID SECTION 17 AND MEASURING 92.69 FEET ON THE NORTH LINE OF SAID SECTION Pe 17 AND 151.00 FEET ON THE SOUTH LINE OF SAID SECTION 17, A DISTANCE la OF 5291.08 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 17; a TOTAL BOUNDARY: 15,748.36 L.F. CONTIGUOUS BOUNDARY: 7871.75 L.F. RATIO: 1 : 2.001 pal AREA: 312.75 ACRES MORE OR LESS Sm I� r THENCE N88'57'30"W ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER • OF SAID SECTION 17, A DISTANCE OF 151.00 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 17; • THENCE N88'57'30"W ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER 0. OF SAID SECTION 17, A DISTANCE OF 2421.31 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 17; op THENCE NO2'24'37"W ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 2652.40 FEET TO THE WEST ONE-QUARTER OD CORNER OF SAID SECTION 17; op THENCE NO2'24'37"W ALONG THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 17, A DISTANCE OF 2651.90 FEET TO THE POINT OF BEGINNING CONTAINING AN AREA OF 13,623,390.00 SQUARE FEET OR 312.75 ACRES MORE NW OR LESS. Exhibit B Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. FC215448 Schedule A Cust. Ref.: Property Address: SE CORNER WELD COUNTY ROADS 46 AND 15 JOHNSTOWN, CO 80534 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10-17-92 Proposed Insured: SCOTT CARLSON } 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: FRANK WIND AND ARLENE WIND 5. The land referred to in this Commitment is described as follows: THE W 1/2 OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO; ALSO - A STRIP OF LAND IN THE E 1/2 OF SECTION 17, TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO, SAID STRIP BEING ADJACENT TO THE CENTERLINE OF SAID SECTION 17 AND MEASURING 92.69 FEET ON THE NORTH LINE OF SAID SECTION 17 AND 151.00 FEET ON THE SOUTH LINE OF SAID SECTION 17. EXCEPT THAT PORTION CONVEYED TO WELD COUNTY, BY DEED RECORDED FEBRUARY 2, 1989 IN BOOK 1223 AT RECEPTION NO. 2169881, WELD COUNTY RECORDS a ► ► ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. FC215448 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. RELEASE OF DEED OF TRUST DATED DECEMBER 01, 1987 FROM FRANK WIND AND ARLENE WIND TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF C. MARION HARMON TO SECURE THE SUM OF$325,000.00 RECORDED DECEMBER 02, 1987, UNDER RECEPTION NO. 2123148 IN BOOK 1178. SAID DEED OF TRUST WAS ASSIGNED TO E. RHETA HARMON IN ASSIGNMENT RECORDED JANUARY 04, 1991 UNDER RECEPTION NO. 2237685 IN BOOK 1286. 2. WARRANTY DEED FROM FRANK WIND AND ARLENE WIND TO scarr CARLSON CONVEYING SUBJECT PROPERTY. • NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN APPROVED ALTA SURVEY. MA 1 1 ERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2 HEREOF. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS WILL BE AMENDED AS FOLLOWS; ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF FRANK WIND AND ARLENE WIND. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF scon CARLSON. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE RECORDS THE DOCUMENTS REQUIRED UNDER SCHEDULE B-1. NOTE: UPON PROOF OF PAYMENT OF 2000 TAXES, ITEM 7 UNDER SCHEDULE B-2 WILL BE DELETED AND ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2001 AND SUBSEQUENT YEARS. ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF THAT THE WATER AND SEWER CHARGES ARE PAID UP TO DATE. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FC215448 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights of claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against saidrland. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 10. RIGHT OF WAY EASEMENT AS GRANTED FOR RAILROAD IN INSTRUMENT RECORDED JUNE 25, 1877, IN BOOK 22 AT PAGE 91. 11. RIGHT OF WAY EASEMENT AS GRANTED FOR RAILROAD IN INSTRUMENT RECORDED NOVEMBER 25, 1878, IN BOOK 25 AT PAGE 21. 12 RESERVATIONS MADE BY UNION PACIFIC RAILROAD, IN DEED RECORDED MARCH 06, 1883, IN BOOK 36 AT PAGE 265, PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME, ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME. 13. RESERVATIONS MADE BY UNION PACIFIC RAILROAD, IN DEED RECORDED AUGUST 21, 1889, IN BOOK 86 AT PAGE 203, PROVIDING SUBSTANTIALLY AS FOLLOWS: 1 S di di ALTA COMMITMENT 4 Schedule B-2 4 (Exceptions) Our Order No. FC215448 4 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 0 RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO 1 PROSPECT AND MINE FOR SAME, ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS ' MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME. 14. RESERVATIONS MADE BY UNION PACIFIC RAILROAD CO, IN DEED RECORDED SEPTEMBER 1 14, 1895, IN BOOK 145 AT PAGE 121, PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME, ALSO SUCH RIGHT OF WAY AND OTHER GROUNDS AS 1 MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR TRANSPORTATION OF COAL FROM SAME. I 15. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS I RESERVED IN DEED RECORDED FEBRUARY 27, 1954, IN BOOK 1383 AT PAGE 318, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 16. UNDIVIDED 1/2 INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED IN BOOK 1634 AT PAGE 371, AND ANY AND ALL 1 ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 1 17. OIL AND GAS LEASE RECORDED DECEMBER 03, 1979 UNDER RECEPTION NO. 1810822 IN BOOK 889 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN. 18. RIGHT OF WAY EASEMENT AS GRANTED TO MACHII ROSS PETROLEUM IN INSTRUMENT RECORDED APRIL 06, 1984, UNDER RECEPTION NO. 1962125 IN BOOK 1026. 19. RIGHT OF WAY EASEMENT AS GRANTED TO NATURAL GAS ASSOCIATES IN INSTRUMENT RECORDED NOVEMBER 16, 1984, UNDER RECEPTION NO. 1988855 IN BOOK 1049. 20. RIGHT OF WAY EASEMENT AS GRANTED TO NATURAL GAS ASSOCIATES IN INSTRUMENT RECORDED FEBRUARY 08, 1985, UNDER RECEPTION NO. 1988116 IN BOOK 1057. 21. TERMS, CONDITIONS AND PROVISIONS OF FARM AGREEMENT RECORDED MARCH 13, 1987 AT RECEPTION NO. 2091754 IN BOOK 1149. /11 ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FC215448 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 22. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED DECEMBER 02, 1987, UNDER RECEPTION NO. 2123147 IN BOOK 1178. 23. TERMS, CONDITIONS AND PROVISIONS OF VALVE SITE CONTRACT RECORDED IANUARY 09, 1996 AT RECEPTION NO. 2471008 IN BOOK 1526. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENT Required by C.R.S. 10-11-122 A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at lease one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available(typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay, Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE r Exhibit C TOWN OF JOHNSTOWN AVERAGE ANNUAL WATER DEMAND WORKSHEET Project Name: Wind Farm Contact Person: WBC Engineering, LLP, Alan Bronson Telephone: 303-365-9825 Values should be averages for entire project Lot Usage; Lot Size: 8000 sf average Breakdown: Building footprint 1250 Garage 0 Driveway 326 Sidewalks 40 Patios 80 Irrigated landscaping 6304 Other non-irrigated area SF Total 8000 A. Irrigation demand for lots: Subtotal: Total number of lots 703 X Average irrigated area per lot (SF) 6304 Total Irrigated area within lots (sf) 4,431,712 43,560 SF/AC X 2.5 AF/A 254.35 AF Page 1 of 4 B. Other Usage: Irrigated Parks 23.22 acres Irrigated Entry features 2.5 acres Irrigated Street R.O.W. 12 acres Other irrigated areas 0 acres Subtotal 37.72 Acres C. Irrigation demand for other usage: Subtotal: Total acreage 37.72 (Subtotal from Box B) X 2.5 AF /A 94.3 AF Total AF from Box A 254.35 Total AF from Box C 94.3 Total 348.65 Page 2 of 4 Summary of Average Annual Water Requirements Type Uni Unit Requirement Annual Requirement acre feed A. INSIDE USE 1. Single- Family Detached lots 0.33 A F / lot 231.99 2. Multi-Family units 0.29 A F/ unit 3. Commercial sq. ft 0.10 qpd / sq ft 4. Office sq. ft 0.16 gpd /sq ft 5. Light Industrial sq. ft 0.06 gpd /sq ft 6. Other TOTAL INSIDE USE: 231.99 _ .. . . .-,' IRRIGATION 1. Single - 0.17 AF x average irrigated area per lot (SF) + 3000 Family SF lots 25.53 2. Commercial acres 2.5 AF / acre 3. Office acres 2.5 AF / acre 4. Light Industrial acres 2.5 AF /acre 5. Parks acres 2.5 AF/ acre 94.3 6. Other acres 2.5 AF /acre TOTAL OUTSIDE USE: 119.83 TOTAL 351.82 Page 3 of 4 Average Annual Consumptive Use Inside Use Total Demand (AF) x 0.05 = 11.5995 AF Irrigation Use Total irrigation demand (AF) x 0.85 = 101.8523 AF TOTAL 113.4518 AF APPLICANT: Carlson & Associates, Inc. P.O. Box 247 East lake, Co. 80614 303-457-2966 By: (Authorized Representative) Date: Page 4 of 4 Town of Johnstown Average Annual Sewer Demand Worksheet Project Name: Wind Farm Development Type Quantity Units Persons Sewer Flow Rates Sewer Flow g/c/d g/ac/d gal/day Single Family Res. 703 dwellings 3.5 75 184,538 Public Parks 90 acres 50 4,500 TOTAL 189,038 Applicant: By: Date: a Exhibit E Wind Farm Outline Development Plan Design Standards PUD-R, Planned Unit Development Residential District Intent: The PUD-R District shall support private residential development and provide innovative design in order to achieve a high quality residential development. Land uses with the Wind Farm development shall transition from higher densities in the north to lower densities in the south. Variations in density will promote a variety of housing types and value ranges. Open space shall be provided along the Little Thompson River and ridge along the south boundary to preserve these natural land features. Additionally, a school site shall be located within the development to serve the development and adjacent neighborhoods. Size: There is no minimum lot size in the PUD-R District. Permitted Uses: Subject to site plan approval by the Town, the following land uses shall be permitted: Principal Permitted Uses: a) Residential—Single family detached housing; b) Public parks and recreation areas; c) Public and private schools; and Permitted Accessory Uses: a) Private garages, carports and paved parking areas; b) Private residential and private group outdoor recreational facilities including swimming pools, tennis courts, team sports fields; c) Home occupations subject to the provisions of the Town Zoning Code Article IX, Section 161-42; d) Service buildings and facilities normally incidental to the use of a public park or recreation area; and e) Any other structure or use clearly incidental to and commonly associated with the operation of a principal use permitted by right. Wind Farm Outline Development Plan Design Standards Page 3 Conditional Uses: a) Child Care Centers; b) Nursing and rest homes; c) Churches; d) Private commercial outdoor recreational facilities; e) Public administrative offices and service buildings; and f) Public utility installations and sub-stations; Density: a) Minimum lot area for residential-single family detached dwelling units in Planning Areas 2, 3, 4, and 6 shall be 6,000 square feet. The minimum lot size for single family detached dwelling units in Planning Area 5 shall be 8,000 square feet. Open Space: The minimum required open space in the PUD-R district shall be thirty(30%) percent of the total site. Ten percent (10%) of the total site area shall be irrigated park open space. Building Location and Height: a) Minimum front setback is twenty(20') feet. The minimum offset between structures shall be five (5') feet. b) Minimum side setback shall be five (5') feet. c) Minimum side setback adjacent to right-of-way shall be fifteen (15') feet. d) Minimum rear setback shall be ten(10') feet. Roof, eaves, gutters, downspouts, bay windows, and fireplaces may extend into the minimum setbacks above not more than 2 feet. Building Height: Maximum building height shall be thirty-five (35') feet. Building Design: a) Residential buildings may be frame or masonry construction. Siding may be wood, brick, stone, or stucco finish. If wood siding is used, a minimum of 40 percent of the first floor building front shall be brick or stone. Roofing shall be asphalt or tile shingles. Colors are to be earth tone. b) School building facades may be masonry, stone or cementitious with metal detailing, roofing & veneer. Roof screening shall be oriented adjacent to public roads to obscure rooftop mechanical systems when viewed from 300 feet at 6 feet above finished floor elevation. Service enclosures shall not be located along public street frontage and shall be screened from the street. Colors shall be earth tone and blend into the surrounding development. JAI Wind Farm Outline Development Plan Design Standards Page 4 10. Building Signage: .10 Monument Signage: Monument signs shall be a maximum of 6 feet in height above grade when located 1 foot from property line. Any signs greater than 6 feet in height shall be setback from the property line a distance equal to the height of the sign. Each sign shall be a minimum of twenty (20) square feet, but not greater than forty (40) square feet, in area. Monument signs are to be located near the PUD entrances and may include the project DIO name, and/or a display map indicating proposed uses and common open space. Prohibited Signage: No animated, flashing, blinking, or signage resembling legitimate traffic control devices. Off Street Parking Residential Uses: Single family residence - minimum 2 parking spaces per unit. Commercial Uses: 4 Parking stalls shall be 9' X 20' and shall be hard surfaced. Off street parking shall be: Public assembly facility 1 space per every 3 seats Elementary Schools 2 spaces per each classroom Junior and Senior High School I space per 5 students of max. auditorium capacity One off street loading space (12' x 45') shall be provided for each school building. Pa POD Site Design: Open Space: Minimum depth of open space along streets shall be 20 feet for minor arterials, and 30 feet for major arterials. Frontage buffer yard landscaping shall be a minimum of 15 feet. ISO Exterior Lighting: Exterior lighting along streets shall be shielded to prevent off site glare. Maximum height of light poles shall be 30 feet. Driveways: Residential driveways shall be a minimum width of 16 feet and no wider than 35 feet. a a a a a a a a Wind Farm Outline Development Plan Design Standards 011. Page 5 Noise, Odors, Light: Prohibit uses: Excessive emission of fumes, odors, glare, vibrations, gases, radiation, dust, liquid, • smoke or noise are permitted within the development. 081 Public Facilities: Water Distribution: • The Town of Johnstown shall provide water within the development and shall own, + operate, and maintain water facilities once installed by the developer. S Sanitary Sewer: The Town of Johnstown shall provide sanitary sewer treatment for the development. The I� Town shall own, operate, and maintain all sanitary sewer facilities once installed by the • developer. • Storm Drainage • Once storm drainage facilities are installed by the developer, the Town of Johnstown shall own, operate, and maintain storm drainage facilities. 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