HomeMy WebLinkAbout20022272.tiff TOWN OF MILLIKEN
RESOLUTION NO. 02•• i 8
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN,
WELD COUNTY, COLORADO THAT:
1. At the regular meeting of the Board of Trustees on 24, of July, 2002, the
Petition for Annexation of Platte Trust Annexation was submitted to the Board of
Trustees by the Clerk as a communication pursuant to Section 31-12-
107(I)(f),C.R.S. The location of the property described in the petition is set forth on
Exhibit "A" attached hereto and incorporated herein by reference.
2. The Board of Trustees has reviewed the petition and finds that the
requirements set forth in Section 31-12-107(l)(f), C.R.S. have been substantially
complied with.
3. Pursuant to Section 31-12-108(l), C.R.S., the Board of Trustees hereby
sets the date for the hearing on the annexation petition for September 10, 2002 at
7:00 P.M. in the Milliken Community Complex, Milliken Community Room
located at 1101 Broad Street , Milliken, Colorado. Notice of this hearing is to be
published in accordance with Section 31-12-108(2), C.R.S.
4. The purpose of this hearing shall be to determine whether the area proposed to
be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-
105, C.R.S. and is eligible for annexation.
5. At this hearing if 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 this property.
This resolution was passed by a vote of 7 in favor and 0 opposed at the meeting of the Board of
Trustees on the 24th day of July, 2002.
TOWN OF MILLIKEN
2•-/ez- /1/de-- -,/ate—
Linda L. Measner, Mayor Nan rte S. Fornof, Town Cle c
ff--/9-Dd 2002-2272
EXIHIBT A
THAT PART OF SECTION 2,T.3N., R.67W., AND SECTIONS 23, 26, 34 AND 35, T.4N., R.671V., OF
THE 6'"P.M., WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26, T.4N., R.67W.; THENCE
N00°30'58"W, ALONG THE WEST LINE OF THE SW 1/4 OF SAID SECTION 26, A DISTANCE OF
2640.20 FEET TO THE NW CORNER OF THE SW 1/4 OF SAID SECTION 26; THENCE
N00°32'48"W,ALONG THE WEST LINE OF THE NW 1/4 OF SAID SECTION 26, A DISTANCE OF
2605.02 FEET; THENCE S81°34'11"E A DISTANCE OF 32.98 FEET; THENCE $68°351 14"E A
DISTANCE OF 1036.22 FEET; THENCE S87°45'44"E A DISTANCE OF 676.15 FEET; THENCE
555°37'47"E A DISTANCE OF 168.76 FEET; THENCE S66°17'47"E A DISTANCE OF 245.20
FEET; THENCE S72°42'57"E A DISTANCE OF 897.67 FEET TO A POINT OF NON-TANGENT
CURVE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE FORMER UNION PACIFIC
RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT RECEPTION NO. 02170560;
THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2)
COURSES: (1) ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS
N40°26'26"E A DISTANCE OF 1140.73 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
11°37'48", A RADIUS OF 5629.58 FEET AND AN ARC LENGTH OF 1142.69 FEET; AND (2)
N35°53'26"E A DISTANCE OF 2280.60 FEET; THENCE S54°06'34"E A DISTANCE OF 200.00
FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID FORMER
UNION PACIFIC RAILWAY, SAID POINT LYING 70.00 FEET DISTANCE FROM, AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE SE 1/4 OF SAID SECTION 23;
THENCE S01°23'51"E, PARALLEL TO SAID EAST LINE, A DISTANCE OF 1776.90 FEET;
THENCE S00°05'44"E, PARALLEL TO AND 70.00 FEET DISTANT FROM THE EAST LINE OF
THE NE 1/4 OF SAID SECTION 26, A DISTANCE OF 2535.01 FEET; THENCE S00°5 I'28"E,
PARALLEL TO AND 70.00 FEET DISTANT FROM THE EAST LINE OF THE SE 1/4 OF SAID
SECTION 26, A DISTANCE OF 632.23 FEET TO A POINT LYING 70.00 FEET DISTANT FROM,
AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF THE WESTERN MUTUAL
DITCH AS DESCRIBED IN BOOK 118 AT PAGE 498, WELD COUNTY, COLORADO RECORDS;
THENCE PARALLEL TO AND 70.00 FEET DISTANT FROM SAID NORTHERLY LINE AND
CONTINUING PARALLEL TO AND 70.00 FEET DISTANT FROM THE WESTERLY AND
SOUTHWESTERLY LINES OF SAID WESTERN MUTUAL DITCH THE FOLLOWING FORTY
ONE (41) COURSES: (1)N83°00'22"W A DISTANCE OF 130.64 FEET TO A POINT OF CURVE;
(2) ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS S52°45'22"W A
DISTANCE OF 732.52 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 88°28'31", A
RADIUS OF 525.00 FEET AND AN ARC LENGTH OF 810.70 FEET TO A POINT OF TANGENT
(3)S08°3 1'07"W, ALONG SAID TANGENT, A DISTANCE OF 862.16 FEET TO A POINT OF
CURVE; (4)ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS
S16°13'36"E A DISTANCE OF 315.61 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
49°29'26", A RADIUS OF 377.00 FEET AND AN ARC LENGTH OF 325.64 FEET TO A POINT OF
TANGENT; (5) S40°53'19"E, ALONG SAID TANGENT, A DISTANCE OF 39.74 FEET TO A
POINT OF CURVE; (6) ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD
BEARS S I5°14' IS"E A DISTANCE OF 164.99 FEET. SAID CURVE HAVING A CENTRAL ANGLE
OF 51°28'03", A RADIUS OF 190.00 FEET AND AN ARC LENGTH OF 170.67 FEET TO A I'OI NT
OF TANGENT; (7) S l0°29'44"W, ALONG SAID TANGENT,A DISTANCE OF 555,88 FEET TO A
POINT OF CURVE; (S) ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD
BEARS SIS°44'24"W A DISTANCE OF 140.53 FEET, SAID CURVE HAVING A CENTRAL
ANGLE OF 16°29'20", A RADIUS OF 490.00 FEET AND AN ARC LENGTH OF 141.01 FEET TO A
POINT OF REVERSE CURVE; (9)ALONG THE ARC OF A CURVE TO THE LEFT WHOSE
CHORD BEARS S03°05'48"E A DISTANCE OF 571.40 FEET, SAID CURVE HAVING A CENTRAL
ANGLE OF 60°09'44", A RADIUS OF 570.00 FEET AND AN ARC LENGTH OF 598.52 FEET TO A
POINT OF TANGENT; (10) S33°10'40"E, ALONG SAID TANGENT, A DISTANCE OF 300.25
FEET TO A POINT OF CURVE; (11) ALONG THE ARC OF A CURVE TO THE LEFT WHOSE
CHORD BEARS S45°41'05"E A DISTANCE OF 376.80 FEET, SAID CURVE HAVING A CENTRAL
ANGLE OF 25°00'48", A RADIUS OF 870.00 FEET AND AN ARC LENGTH OF 379.81 FEET TO A
POINT OF TANGENT; (12) S58°11'29"E, ALONG SAID TANGENT, A DISTANCE OF 371.71
FEET TO A POINT OF CURVE; (13) ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE
CHORD BEARS S31°58'57"E A DISTANCE OF 211.99 FEET, SAID CURVE HAVING A CENTRAL
ANGLE OF 52°25'04", A RADIUS OF 240.00 FEET AND AN ARC LENGTH OF 219.57 FEET TO A
POINT OF TANGENT; (14) 505°46'24"E, ALONG SAID TANGENT,A DISTANCE OF 101.94
FEET TO A POINT OF CURVE; (15) ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE
CHORD BEARS S 16°03'12"W A DISTANCE OF 141.28 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 43°39'12", A RADIUS OF 190.00 FEET AND AN ARC LENGTH OF 144.76
FEET TO A POINT OF TANGENT; (16) S37°52'48"W, ALONG SAID TANGENT, A DISTANCE OF
300.18 FEET TO A POINT OF CURVE; (17) ALONG THE ARC OF A CURVE TO THE LEFT
WHOSE CHORD BEARS S24°18'08"W A DISTANCE OF 239.46 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 27°09'20", A RADIUS OF 510.00 FEET AND AN ARC LENGTH OF 241.72
FEET TO A POINT OF TANGENT; (18) S10°43'28"W, ALONG SAID TANGENT, A DISTANCE OF
181.71 FEET TO A POINT OF CURVE; (19) ALONG THE ARC OF A CURVE TO THE RIGHT
WHOSE CHORD BEARS S16°05'59"W A DISTANCE OF 148.01 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 10°45'02",A RADIUS OF 790.00 FEET AND AN ARC LENGTH OF 148.23
FEET TO A POINT OF TANGENT; (20) S21°28'30"W, ALONG SAID TANGENT, A DISTANCE OF
184.70 FEET TO A POINT OF CURVE; (21) ALONG THE ARC OF A CURVE TO THE RIGHT
WHOSE CHORD BEARS S33°53'06"W A DISTANCE OF 126.79 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 24°49'12", A RADIUS OF 295.00 FEET AND AN ARC LENGTH OF 127.79
FEET TO A POINT OF TANGENT; (22) S46°17'42"W,ALONG SAID TANGENT, A DISTANCE OF
140.50 FEET TO A POINT OF CURVE; (23) ALONG THE ARC OF A CURVE TO THE LEFT
WHOSE CHORD BEARS S00°20'53"E, A DISTANCE OF 436.25 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 93°17'10",A RADIUS OF 300.00 FEET AND AN ARC LENGTH OF 488.44
FEET TO A POINT OF TANGENT; (24) S46°59'28"E,ALONG SAID TANGENT, A DISTANCE OF
140.05 FEET TO A POINT OF CURVE; (25) ALONG THE ARC OF A CURVE TO THE RIGHT
WHOSE CHORD BEARS S18°49'28"E A DISTANCE OF 146.33 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 56°19'59",A RADIUS OF 155.00 FEET AND AN ARC LENGTH OF 152.40
FEET TO A POINT OF TANGENT; (26)S09°20'31"W, ALONG SAID TANGENT, A DISTANCE OF
106.38 FEET TO A POINT OF CURVE; (27) ALONG TEE ARC OF A CURVE TO THE LEFT
WHOSE CHORD BEARS S08°26'49"E, A CHORD LENGTH OF 329.95 FEET, SAID CURVE
HAVING A CENTRAL ANGLE OF 35°34'40",A RADIUS OF 540.00 FEET AND AN ARC LENGTH
OF 335.31 FEET TO A POINT OF TANGENT; (28) S26°14'09"E, ALONG SAID TANGENT,A
DISTANCE OF 330.28 FEET TO A POINT OF CURVE; (29) ALONG THE ARC OF A CURVE TO
THE RIGHT WHOSE CHORD BEARS S12°18'58"E A DISTANCE OF 235.75 FEET, SAID CURVE
I PAVING A CENTRAL ANGLE OF 27°50'22", A RADIUS OF 490.00 FEET AND AN ARC LENGTH
OF 238.09 FEET TO A POINT OF TANGENT; (30) SOI°36' 13"W, ALONG SAID TANGENT, A
DISTANCE OF 93.29 FEET TO A POINT OF CURVE; (31) ALONG THE ARC OF A CURVE TO
THE RIGHT WI IOSE CHORD BEARS SIO°56'00"W A DISTANCE OF 199.40 FEET, SAID CURVE
I IAVING A CENTRAL ANGLE OF 18°39'35", A RADIUS OF 615.00 FEET AND AN ARC LENGTH
OF 200.29 FEET TO A POINT OF TANGENT; (32) S20°15'47"W, ALONG SAID TANGENT,A
DISTANCE OF 53.95 FEET TO A POINT OF CURVE; (33) ALONG THE ARC OF A CURVE TO
THE RIGHT WHOSE CHORD BEARS S34°t6'16"W, A DISTANCE OF 48.41 FEET, SAID CURVE
HAVING A CENTRAL ANGLE OF 28°00'57", A RADIUS OF 100.00 FEET AND AN ARC LENGTH
OF 48.90 FEET TO A POINT OF TANGENT; (34)548°16'44"W, ALONG SAID TANGENT, A
DISTANCE OF 166.22 FEET TO A POINT OF CURVE; (35)ALONG THE ARC OF A CURVE TO
THE LEFT WHOSE CHORD BEARS S22°46'28"W A DISTANCE OF 452.11 FEET, SAID CURVE
HAVING A CENTRAL ANGLE OF 51°00'33", A RADIUS OF 525.00 FEET AND AN ARC LENGTH
OF 467.40 FEET TO A POINT OF TANGENT; (36) S02°43'49"E, ALONG SAID TANGENT, A
DISTANCE OF 468.34 FEET TO A POINT OF CURVE; (37) ALONG THE ARC OF A CURVE TO
THE LEFT WHOSE CHORD BEARS 530°34'44"E A DISTANCE OF 355.02 FEET, SAID CURVE
HAVING A CENTRAL ANGLE OF 55°41'49",A RADIUS OF 380.00 FEET AND AN ARC LEN0TII
OF 369.40 FEET TO A POINT OF TANGENT; (38) S58°25'38"E, ALONG SAID TANGENT, A
DISTANCE OF 98.72 FEET TO A POINT OF CURVE; (39) ALONG THE ARC OF A CURVE TO
THE RIGHT WHOSE CHORD BEARS 545°52'38"E A DISTANCE OF 21.73 FEET, SAID CURVE
HAVING A CENTRAL ANGLE OF 25°06'00", A RADIUS OF 50.00 FEET AND AN ARC LENGTH
OF 21.90 FEET TO A POINT OF TANGENT; (40)533°19'38"E, ALONG SAID TANGENT, A
DISTANCE OF 173.82 FEET TO A POINT OF CURVE; AND (41)ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS S43°01'30"E A DISTANCE OF 134.76 FEET, SAID
CURVE HAVING A CENTRAL ANGLE OF 19°23'43", A RADIUS OF 400.00 FEET AND AN ARC
LENGTH OF 135.40 FEET TO A POINT OF NON-TANGENT,SAID POINT LYING 70.00 FEET
DISTANT FROM AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE NE 1/4 OF
SAID SECTION 2; THENCE S00°08'13"E. PARALLEL TO SAID EAST LINE, A DISTANCE OF
868.45 FEET; THENCE S00°05'34"E, PARALLEL TO AND 70.00 FEET DISTANT FROM AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE SE 1/4 OF SAID SECTION 2 A
DISTANCE OF 2548.80 FEET TO A POINT LYING 70.00 FEET DISTANT FROM, AS MEASURED
AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SE 1/4 OF SAID SECTION 2; THENCE
N89°30'32"W,PARALLEL TO SAID SOUTH LINE, A DISTANCE OF 1198.36 FEET TO A POINT
ON THE EASTERLY LINE OF THAT PARCEL DESCRIBED IN BOOK 289 AT PAGE 146; =.
THENCE 503°39'20"E,ALONG SAID EASTERLY LINE AND CONTINUING ALONG SAID
EASTERLY LINE EXTENDED SOUTHEASTERLY,A DISTANCE OF 70.18 FEET TO A POINT ON
THE SOUTH LINE OF THE SE 1/4 OF SAID SECTION 2; THENCE N89°30'32"W, ALONG SAID
SOUTH LINE,A DISTANCE OF 1345.60 FEET TO THE SOUTHWEST CORNER OF SAID SE 1/4;
THENCE N89°32'13"W, ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 2, A
DISTANCE OF 1074.16 FEET TO A POINT ON THE EASTERLY BANK OF THE SOUTH PLATTE
RIVER; THENCE ALONG SAID EASTERLY BANK THE FOLLOWING FIVE (5) COURSES: I)
N07°15'31"E A DISTANCE OF 317.23 FEET; 2) N26°32'34"W A DISTANCE OF 290.69 FEET; 3)
N12°30'21"W A DISTANCE OF 184.39 FEET; (4) N08°06'29"W A DISTANCE OF 212.13 FEET;
AND (5) N21°13'42"W A DISTANCE OF 193.13 FEET TO A POINT ON THE WEST LINE OF THE
E 1/2 OF THE SW 1/4 OF SAID SECTION 2; THENCE N00°01'20"E, ALONG SAID WEST LINE, A
DISTANCE OF 1060.00 FEET TO A POINT ON THE SOUTHEASTERLY BANK OF SAID SOUTH
PLATTE RIVER; THENCE, ALONG SAID SOUTHEASTERLY BANK,THE FOLLOWING THREE
(3) COURSES: (1) N69°12'56"E A DISTANCE OF 534.88 FEET; (2) N52°37'0 1"E A DISTANCE OF
214.01 FEET; AND (3) N19°47'43"W A DISTANCE OF 118.13 FEET TO A POINT ON TI IE
NORTH LINE OF THE SW 1/4 OF SAID SECTION 2; THENCE N89°10'31"W, ALONG SAID
NORTH LINE,A DISTANCE OF 632.05 FEET TO THE SW CORNER OF THEE 1/2 OF THE NW
1/4 OF SAID SECTION 2; THENCE N00°03'25"W, ALONG THE WEST LINE OF SAID E 1/2 OF
SAID NW 1/4, A DISTANCE OF 2666.01 FEET TO THE SW CORNER OF THE SE 1/4 OF THE 5\V
I/4 OF SAID SECTION 35; THENCE N0I°25'-15"vV. ALONG THE WEST LINE OF S41,ID SE I/-I OF
SAID SW 1/4, A DISTANCE OF 1312.69 FEET TO THE SE CORNER OF THE NW 1/4 OF SAID SW
1/4 OF SAID SECTION 35; THENCE N89°57'58"W, ALONG THE SOUTH LINE OF SAID NW 1/4
OF SAID SW 1/4, A DISTANCE OF 1304.22 FEET TO THE SW CORNER OF SAID NW 1/4 OF
SAID SW 1/4; THENCE NOI°31'15"W,ALONG THE WEST LINE OF SAID NW 1/4 OF SAID SW
U4, A DISTANCE OF 614.59 FEET TO A POINT ON THE NORTHEASTERLY OF THAT PARCEL
DESCRIBED AT RECEPTION NO. 2444383, SAID WELD COUNTY, COLORADO RECORDS;
THENCE, ALONG SAID NORTHEASTERLY LINE, THE FOLLOWING ELEVEN (11) COURSES:
(1) N87°27'23"W A DISTANCE OF 105.15 FEET; (2) S76°08'1.6"W A DISTANCE OF 44.99 FEET;
(3) N70°30'42"W A DISTANCE OF 109.35 FEET; (4)N67°51'58"W A DISTANCE OF 303.13 FEET;
(5) N4S°38'02"W A DISTANCE OF 125.58 FEET; (6)NO1°27'12"W A DISTANCE OF 46.60 FEET;
(7) N65°56'32"W A DISTANCE OF 251.73 FEET; (8) N69°54'52"W A DISTANCE OF 197.35 FEET;
(9) N62°04'12"W A DISTANCE OF 87.00 FEET; (10) N46°46'32"W A DISTANCE OF 224.95 FEET;
AND (I I) N25°45'22"W A DISTANCE OF 69.76 FEET TO THE SW CORNER OF THE SE 1/4 OF
THE NE 1/4 OF SAID SECTION 34; THENCE NO1°31'32"W, ALONG THE WEST LINE OF SAID
SE 1/4 OF SAID NE 1/4, A DISTANCE OF 1310.26 FEET TO THE NW CORNER OF SAID SE 1/4
OF SAID NE 1/4; THENCE S89°38'09"E A DISTANCE OF 1296.05 FEET TO THE NE CORNER OF
SAID SE 1/4 OF SAID NE 1/4; THENCE NOI°31'15"W, ALONG THE WEST LINE OF THE NW 1/4
OF THE NW 1/4 OF SAID SECTION 35, A DISTANCE OF 1309.52 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM A PARCEL OF LAND SITUATE IN THE SE 1/4 OF SECTION 26,
T.4N., R.67W., OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO BEING THE FORT
ST. VRAIN MONUMENT SITE AS DESCRIBED IN BOOK 1341 AT PAGE 177, WELD COUNTY,
COLORADO RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SE 1/4 OF SAID SECTION 26; THENCE
N59°36'58"W A DISTANCE OF 1,917.69 FEET TO THE SOUTHEASTERLY CORNER OF SAW
PARCEL AND THE POINT OF BEGINNING; THENCE N75°56'28"W A DISTANCE OF 106.00
FEET; THENCE N14°03'32"E A DISTANCE OF 127.00 FEET; THENCE S75°56'28"E A
DISTANCE OF 106.00 FEET; THENCE S I4°03'32"W A DISTANCE OF 127.00 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR LESS.
AND ALSO EXCEPTING THEREFROM A PARCEL OF LAND SITUATE IN THESE 1/4 OF
SECTION 2, T.3N., R.67W., OF THE 6T""P.M., SAID WELD COUNTY, COLORADO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SE CORNER OF SAID SE 1/4; THENCE N89°30'32"W, ALONG THE
SOUTI I LINE OF SAID SE 1/4, A DISTANCE OF 1264.00 FEET TO THE INTERSECTION WITH
THE SOUTI IERLY EXTENSION OF THE EAST LINE OF THAT PARCEL OF LAND DESCRIBED
IN BOOK 289 AT PAGE 146, WELD COUNTY, COLORADO RECORDS; THENCE NO3°39'20"W,
ALONG SAID SOUTHERLY EXTENSION AND CONTINUING ALONG SAID EAST LINE, A
DISTANCE OF 639.24 FEET TO A POINT ON THE WEST LINE OF LOT B OF EXEMPTION
SURVEY 1029-02-4-AMRE-2229 AND THE POINT OF BEGINNING; THENCE CONTINUING
NO3°39'2(1"W, ALONG SAID EAST LINE, A DISTANCE OF 1995.37 FEET TO A POINT ON THE
NORT!I LINE OF THE SE 1/4 OF SAD SE(TION 2; THENCE S89°10'3 I"E, AI.O.`:C; SAID
NORT! ! LINE, A DISTANCE OF 726.05 FEI:T TO A POINT ON THE LINE COMMON TO LOT A
AND SAID LOT B, EXEMPTION SURVEY 1029-02-4-AMRE-2229; THENCE ALONG SAID
CONIA;ON LINE THE FOLLOWING TWO 1 2) COURSES: (I) SOO°42'05"W A DISTANCE OF
726.72 FEET; AND (2) S89°54'32"W A DISTANCE OF 591.90 FEET TO A POINT ON THE WEST
LINE OF THE EAST 1/2 OF SAID SE 1/4 OF SAID SECTION 2, SAID LINE ALSO BEING THE
WEST LINE OF SAID LOT B; THENCE S00°05'31"E,ALONG SAID WEST LINE OF SAID LOT B,
A DISTANCE OF 1253.25 FEET TO THE POINT OF BEGINNING,CONTAINING 12.86 ACRES.
MORE OR LESS.
THE ANNEXED PARCEL CONTAINS 1.594.09 ACRES,MORE OR LESS.
THE BEARINGS SHOWN HEREON ARE BASED UPON THE ASSUMPTION THAT THE WEST
LINE OF WEST LINE OF THE SW 1/4 OF SECTION 26,T.4N.,R.67W., OF THE 6TH P.M., WELD
COUNTY, COLORADO BEARS N00°30'58"W AS REFERENCED ON THE PLATTE RIVER
RANCH LAND SURVEY PLAT AS PREPARED BY GBS SURVEYING AND DATED JUNE 30,
2000 AND BOUNDED BY THE MONUMENTS AS SHOWN ON SAID LAND SURVEY PLAT.
REG .ED
PETITION FOR ANNEXATION OF PARCELS OF LAND Jut 9 2002
1
?OWN OF MILLIKEN
We, the landowners of more than 50% of the territory, which includes public
highways and utilities, which is legally described on Exhibit "A"allege the following to be
true and correct:
CONTIGUITY:
1. The perimeter of the proposed annexation has a distance of 55,736 feet of which 10,492
feet are contiguous to the existing Town Limits of Milliken. Attached to this petition are 12
copies of the annexation maps which contain the following information: A written legal
description of the boundaries of the area proposed to be annexed; a map showing the
boundary of the area proposed to be annexed; within the annexation boundary map, the
location of each ownership tract in unplatted land must be identified by diagram and legal
description and, if part or all of the area is platted, the boundaries and the plat numbers of
plots or of lots and blocks: and, next to the boundary of the area proposed to be annexed,
a drawing of the contiguous boundary of the annexing municipality and the contiguous
boundary of any other municipality abutting the area proposed to be annexed.
2. The above results in a minimum of 1/6th of the perimeter of proposed annexation being
contiguous to the Town of Milliken.
3. The proposed annexation contains approximately 1594.09 acres with the acreage
devoted to the existing uses as agriculture.
4. 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 requirements of Sections 31-12-104 and 31-12-105, Colorado Revised Statues,
exist or have been fulfilled.
e. The territory is urban or will be urbanized in the near future.
f. 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.
g. No land held in identical ownership which compromises 20 acres or more and
together with improvements has an assessed valuation in excess of S200,000 in the year
preceding the filing of this Petition is included in this petition for annexation, unless the
owner of said tract has consented in writing or joins in this Petition.
h. No proceedings for annexation of the territory have been commenced for annexation
to another municipality.
I. The signers hereof comprise the landowners of more than 50% of the territory
proposed to be annexed exclusive of streets and alleys, and are in fact owners of 97.53%
of the hereinafter described property.
Wherefore, the undersigned hereby request that the Town of Milliken approve the
annexation of the area(s) described herein.
Date: Landowner: The Platte Trust
Mailing Address: 1547 Turner Road
Colorado Springs, CO 80920 /
BY
oxanne Vaughn as ustee
Landowner: Tom Sharkey
Mailing Address: 15430 Copperfield Dr.
Colorado Springs, CO 80921 om Shar<
The legal description of the land owned by each landowner is attached to this petition.
The annexation map entitled The Platte Trust Annexation to the Town of Milliken is also
attached to this petition and incorporated herein by reference.
State of Colorado )
)ss.
County of ICxxi4s )
The foregoing instrument was acknowledged before me this' ' day of July, 2002 by
Roxanne Vaughn as Trustee of The Platte Trust and by Tom Sharkey.
Witness my hand and official seal.
My Commission expires: (ph ICH '' k.
Notary b1ic `•. Q
STATE OF COLORADO )
)ss. CIRCULATOR'S AFFIDAVIT
COUNTY OF DOUGLAS )
2
Lisa Lyons, being first duly sworn, upon oath deposes and says that she was the
circulator of the above and forgoing Petition and that the signatures on said Petition are
of the persons whose names they purport to be.
Subscribed to and sworn before me this U' ' day of July, 2002 by Lisa Lyons.
Witness my hand and official seal.
My commission expires: 1/. q. 63
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THAT PART OF SECTION 2, T.3N., R.87W., AND SECTIONS 23, 26, 34 AND
35, T.4N., R.67W., OF THE 6T" P.M., WELD COUNTY, COLORADO BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26, T.4N.,
R.67W.; THENCE N00°30'58"W, ALONG THE WEST LINE OF THE SW 1/4 OF
SAID SECTION 26, A DISTANCE OF 2640.20 FEET TO THE NW CORNER OF
THE SW 1/4 OF SAID SECTION 26; THENCE N00°32'48"W, ALONG THE
WEST LINE OF THE NW 1/4 OF SAID SECTION 26, A DISTANCE OF 2605.02
FEET; THENCE S81°34'11"E A DISTANCE OF 32.98 FEET; THENCE
S68°35'14"E A DISTANCE OF 1038.22 FEET; THENCE S87°45'44"E A
DISTANCE OF 676.15 FEET; THENCE S55°37'47"E A DISTANCE OF 168.76
FEET; THENCE S66°17'47"E A DISTANCE OF 245.20 FEET; THENCE
S72°42'57"E A DISTANCE OF 897.67 FEET TO A POINT OF NON-TANGENT
CURVE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE FORMER UNION
PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT
RECEPTION NO. 02170560; THENCE ALONG SAID NORTHWESTERLY
RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: (1) ALONG THE
ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS N40°26'26"E A
DISTANCE OF 1140.73 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
11°37'48", A RADIUS OF 5629.58 FEET AND AN ARC LENGTH OF 1142.69
FEET; AND (2) N35°53'26"E A DISTANCE OF 2280.60 FEET; THENCE
S54°06'34"E A DISTANCE OF 200.00 FEET TO A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID FORMER UNION PACIFIC
RAILWAY, SAID POINT LYING 70.00 FEET DISTANCE FROM, AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE SE 1/4 OF SAID
SECTION 23; THENCE S01°23'51"E, PARALLEL TO SAID EAST LINE, A
DISTANCE OF 1776.90 FEET; THENCE S00°05'44"E, PARALLEL TO AND
70.00 FEET DISTANT FROM THE EAST LINE OF THE NE 1/4 OF SAID
SECTION 26, A DISTANCE OF 2535.01 FEET; THENCE S00°51'28"E,
PARALLEL TO AND 70.00 FEET DISTANT FROM THE EAST LINE OF THE SE
1/4 OF SAID SECTION 26, A DISTANCE OF 632.23 FEET TO A POINT LYING
70.00 FEET DISTANT FROM, AS MEASURED AT RIGHT ANGLES TO THE
NORTHERLY LINE OF THE WESTERN MUTUAL DITCH AS DESCRIBED IN
BOOK 118 AT PAGE 498, WELD COUNTY, COLORADO RECORDS; THENCE
PARALLEL TO AND 70.00 FEET DISTANT FROM SAID NORTHERLY LINE
AND CONTINUING PARALLEL TO AND 70.00 FEET DISTANT FROM THE
WESTERLY AND SOUTHWESTERLY LINES OF SAID WESTERN MUTUAL
DITCH THE FOLLOWING FORTY ONE (41) COURSES: (1) N83°00'22"W A
DISTANCE OF 130.64 FEET TO A POINT OF CURVE; (2) ALONG THE ARC
OF A CURVE TO THE LEFT WHOSE CHORD BEARS S52°45'22"W A
DISTANCE OF 732.52 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
88°28'31", A RADIUS OF 525.00 FEET AND AN ARC LENGTH OF 810.70
FEET TO A POINT OF TANGENT (3) S08°31'07"W, ALONG SAID TANGENT,
A DISTANCE E OF 862.16 FEET TO A POINT OF CURVE; (4) ALONG THE ARC
OF A CURVE TO THE LEFT WHOSE CHORD BEARS S18°13'38"E A •
DISTANCE OF 315.61 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
49°29'26", A RADIUS OF 377.00 FEET AND AN ARC LENGTH OF 325.64
FEET TO A POINT OF TANGENT; (5) S40°58'19"E, ALONG SAID TANGENT,
A DISTANCE OF 39.74 FEET TO A POINT OF CURVE; (6)ALONG THE ARC
OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S15°14'18"E A
DISTANCE OF 164.99 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
51°28'03", A RADIUS OF 190.00 FEET AND AN ARC LENGTH OF 170.67
FEET TO A POINT OF TANGENT; (7) S10°29'44"W, ALONG SAID TANGENT,
A DISTANCE OF 555.88 FEET TO A POINT OF CURVE; (8) ALONG THE ARC
OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S18°44'24"W A
DISTANCE OF 140.53 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
16°29'20", A RADIUS OF 490.00 FEET AND AN ARC LENGTH OF 141.01
FEET TO A POINT OF REVERSE CURVE; (9) ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS SO3°05'48"E A DISTANCE OF 571.40
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 80°09'44", A RADIUS
OF 570.00 FEET AND AN ARC LENGTH OF 598.52 FEET TO A POINT OF
TANGENT; (10) S33°10'40"E, ALONG SAID TANGENT, A DISTANCE OF
300.25 FEET TO A POINT OF CURVE; (11) ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS S45°41'05"E A DISTANCE OF 376.80
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 25°00'48", A RADIUS
OF 870.00 FEET AND AN ARC LENGTH OF 379.81 FEET TO A POINT OF
TANGENT; (12) S58°11'29"E, ALONG SAID TANGENT, A DISTANCE OF
371.71 FEET TO A POINT OF CURVE; (13) ALONG THE ARC OF A CURVE
TO THE RIGHT WHOSE CHORD BEARS S31°58'57"E A DISTANCE OF 211.99
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 52°25'04", A RADIUS
OF 240.00 FEET AND AN ARC LENGTH OF 219.57 FEET TO A POINT OF
TANGENT; (14) S05°46'24"E, ALONG SAID TANGENT, A DISTANCE OF
101.94 FEET TO A POINT OF CURVE; (15)ALONG THE ARC OF A CURVE
TO THE RIGHT WHOSE CHORD BEARS S16°03'12"W A DISTANCE OF
141.28 FEET. SAID CURVE HAVING A CENTRAL ANGLE OF 43°39'12", A
RADIUS OF 190.00 FEET AND AN ARC LENGTH OF 144.76 FEET TO A
POINT OF TANGENT; (18) S37°52'48"W, ALONG SAID TANGENT, A
DISTANCE OF 300.18 FEET TO A POINT OF CURVE; (17) ALONG THE ARC
OF A CURVE TO THE LEFT WHOSE CHORD BEARS S24°18'08"W A
DISTANCE OF 239.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
27°09'20", A RADIUS OF 510.00 FEET AND AN ARC LENGTH OF 241.72
FEET TO A POINT OF TANGENT; (18) S10°43'28"W, ALONG SAID
TANGENT, A DISTANCE OF 181.71 FEET TO A POINT OF CURVE; (19)
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS
S16°05'59"W A DISTANCE OF 148.01 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 10°45'02", A RADIUS OF 790.00 FEET AND AN ARC
LENGTH OF 148.23 FEET TO A POINT OF TANGENT; (20) S21°28'30"W,
ALONG SAID TANGENT, A DISTANCE OF 12,I 70 FEET TO A POINT OF
CURVE: (21) ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE
CHORD BEARS S33°53'06'W A DISTANCE OF 128.79 FEET, SAID CURVE
HAVING A CENTRAL ANGLE OF 24°49'12", A RADIUS OF 295.00 FEET AND
AN ARC LENGTH OF 127.79 FEET TO A POINT OF TANGENT; (22)
S46°17'42"W, ALONG SAID TANGENT, A DISTANCE OF 140.50 FEET TO A
POINT OF CURVE; (23)ALONG THE ARC OF A CURVE TO THE LEFT
WHOSE CHORD BEARS S00°20'53"E, A DISTANCE OF 438.25 FEET, SAID
CURVE HAVING A CENTRAL ANGLE OF 93°17'10", A RADIUS OF 300.00
FEET AND AN ARC LENGTH OF 488.44 FEET TO A POINT OF TANGENT;
(24) S46°59'28"E, ALONG SAID TANGENT, A DISTANCE OF 440.05 FEET TO
A POINT OF CURVE; (25)ALONG THE ARC OF A CURVE TO THE RIGHT
WHOSE CHORD BEARS S18°49'28"E A DISTANCE OF 146.33 FEET, SAID
CURVE HAVING A CENTRAL ANGLE OF 58°19'59", A RADIUS OF 155.00
FEET AND AN ARC LENGTH OF 152.40 FEET TO A POINT OF TANGENT:
(26) S09°20'31"W, ALONG SAID TANGENT, A DISTANCE OF 108.38 FEET TO
A POINT OF CURVE; (27) ALONG THE ARC OF A CURVE TO THE LEFT
WHOSE CHORD BEARS S0B°26'49"E, A CHORD LENGTH OF 329.95 FEET,
SAID CURVE HAVING A CENTRAL ANGLE OF 35°34'40", A RADIUS OF
540.00 FEET AND AN ARC LENGTH OF 335.31 FEET TO A POINT OF
TANGENT; (28) S26°14'09"E, ALONG SAID TANGENT, A DISTANCE OF
330.28 FEET TO A POINT OF CURVE; (29) ALONG THE ARC OF A CURVE
TO THE RIGHT WHOSE CHORD BEARS S12°18'58"E A DISTANCE OF 235.75
FEET. SAID CURVE HAVING A CENTRAL ANGLE OF 27°50'22", A RADIUS
OF 490.00 FEET AND AN ARC LENGTH OF 238.09 FEET TO A POINT OF
TANGENT; (30) S01°36'13"W, ALONG SAID TANGENT, A DISTANCE OF
93.29 FEET TO A POINT OF CURVE; (31) ALONG THE ARC OF A CURVE TO
THE RIGHT WHOSE CHORD BEARS S10°56'00"W A DISTANCE OF 199.40
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 18°39'35", A RADIUS
OF 615.00 FEET AND AN ARC LENGTH OF 200.29 FEET TO A POINT OF
TANGENT; (32) S20°15'47"W, ALONG SAID TANGENT, A DISTANCE OF
53.95 FEET TO A POINT OF CURVE; (33) ALONG THE ARC OF A CURVE TO
THE RIGHT WHOSE CHORD BEARS S34°16'16"W, A DISTANCE OF 48.41
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 28°00'57", A RADIUS
OF 100.00 FEET AND AN ARC LENGTH OF 48.90 FEET TO A POINT OF
TANGENT; (34) S48°16'44"W, ALONG SAID TANGENT, A DISTANCE OF
166.22 FEET TO A POINT OF CURVE; (35) ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS S22°48'28"W A DISTANCE OF 452.11
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 51°00'33", A RADIUS
OF 525.00 FEET AND AN ARC LENGTH OF 467.40 FEET TO A POINT OF
TANGENT; (36) S02°43'49"E, ALONG SAID TANGENT, A DISTANCE OF
468.34 FEET TO A POINT OF CURVE; (37) ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS S30°34'44"E A DISTANCE OF 355.02
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 55°41'49", A RADIUS
OF 380.00 FEET AND AN ARC LENGTH OF 389.40 FEET TO A POINT OF
TANGENT: (38) 558°25'38"E, ALONG SAD TANGENT, A DISTANCE OF
98.72 FEET TO A POINT OF CURVE; (39) ALONG THE ARC OF A CURVE 3
THE RIGHT WHOSE CHORD BEARS S45°52'38"E A DISTANCE OF 21.73
FEET,.SAID CURVE HAVING A CENTRAL ANGLE OF 25°06'00", A RADIUS
OF 50.00 FEET AND AN ARC LENGTH OF 21.90 FEET TO A POINT OF
TANGENT; (40) S33°19'38"E, ALONG SAID TANGENT. A DISTANCE OF
173.82 FEET TO A POINT OF CURVE: AND (41) ALONG THE ARC OF A
CURVE TO THE LEFT WHOSE CHORD BEARS S43°01'30"E A DISTANCE OF
134.76 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 19°23'43", A
RADIUS OF 400.00 FEET AND AN ARC LENGTH OF 135.40 FEET TO A
POINT OF NON-TANGENT, SAID POINT LYING 70.00 FEET DISTANT FROM
AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE NE 1/4 OF
SAID SECTION 2; THENCE S00°08'13"E, PARALLEL TO SAID EAST LINE, A
DISTANCE OF 888.45 FEET; THENCE S00°05'34"E, PARALLEL TO AND
70.00 FEET DISTANT FROM AS MEASURED AT RIGHT ANGLES TO THE
EAST LINE OF THE SE 1/4 OF SAID SECTION 2 A DISTANCE OF 2548.80
FEET TO A POINT LYING 70.00 FEET DISTANT FROM, AS MEASURED AT
RIGHT ANGLES TO, THE SOUTH LINE OF SAID SE 1/4 OF SAID SECTION 2;
THENCE N89°30'32"W, PARALLEL TO SAID SOUTH LINE, A DISTANCE OF
1198.38 FEET TO A POINT ON THE EASTERLY LINE OF THAT PARCEL
DESCRIBED IN BOOK 289 AT PAGE 146; THENCE S03°39'20"E, ALONG
SAID EASTERLY LINE AND CONTINUING ALONG SAID EASTERLY LINE
EXTENDED SOUTHEASTERLY, A DISTANCE OF 70.18 FEET TO A POINT
ON THE SOUTH LINE OF THE SE 1/4 OF SAID SECTION 2; THENCE
N89°30'32"W, ALONG SAID SOUTH LINE, A DISTANCE OF 1345.60 FEET TO
THE SOUTHWEST CORNER OF SAID SE 1/4; THENCE N89°32'13"W,
ALONG THE SOUTH LINE OF THE SW 1/4 OF SAID SECTION 2, A DISTANCE
OF 1074.16 FEET TO A POINT ON THE EASTERLY BANK OF THE SOUTH
PLATTE RIVER; THENCE ALONG SAID EASTERLY BANK THE FOLLOWING
FIVE (5) COURSES: 1) N07°15'31"E A DISTANCE OF 317.23 FEET; 2)
N26°32'34'W A DISTANCE OF 290.69 FEET; 3) N12°30'21"W A DISTANCE
OF 184.39 FEET; (4) N08°06'29"W A DISTANCE OF 212.13 FEET; AND (5)
N21°13'42'W A DISTANCE OF 193.13 FEET TO A POINT ON THE WEST LINE
OF THEE 1/2 OF THE SW 1/4 OF SAID SECTION 2; THENCE N00°01'20"E,
ALONG SAID WEST LINE. A DISTANCE OF 1060.00 FEET TO A POINT ON
THE SOUTHEASTERLY BANK OF SAID SOUTH PLATTE RIVER; THENCE,
ALONG SAID SOUTHEASTERLY BANK, THE FOLLOWING THREE (3)
COURSES: (1) N69°12'56"E A DISTANCE OF 534.88 FEET; (2) N52°37'01"E
A DISTANCE OF 214.01 FEET; AND (3) N19°47'43'W A DISTANCE OF
118.13 FEET TO A POINT ON THE NORTH LINE OF THE SW 1/4 OF SAID
SECTION 2; THENCE N89°10'31'W, ALONG SAID NORTH LINE, A
DISTANCE OF 832.05 FEET TO THE SW CORNER OF THE E 1/2 OF THE NW
1/4 OF SAID SECTION 2; THENCE N00°03'25'W, ALONG THE WEST LINE
OF SAID E 1/2 OF SAID NW 1/4, A DISTANCE OF 2666.01 FEET TO THE SW
CORNER OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 35; THENCE
N01°25'45'W, ALONG THE WEST LINE OF SAID SE 1/4 OF SAID SW 1/4, A
DISTANCE OF 1312.69 FEET TO THE SE CORNER OF THE NW 1/4 OF SAID
SW 1/4 OF SAID SECTION 35; THENCE N89°57'58"W, ALONG THE SOUTH
LINE OF SAID NW 1/4 OF SAID SW 1/4, A DISTANCE OF 1304.22 FEET TO
THE SW CORNER OF SAID NW 1/4 OF SAID SW 1/4; THENCE N01°31'15"W,
ALONG THE WEST LINE OF SAID NW 1/4 OF SAID SW 1/4, A DISTANCE OF
614.59 FEET TO A POINT ON THE NORTHEASTERLY OF THAT PARCEL
DESCRIBED AT RECEPTION NO. 2444383, SAID WELD COUNTY,
COLORADO RECORDS; THENCE, ALONG SAID NORTHEASTERLY LINE,
THE FOLLOWING ELEVEN (11) COURSES: (1) N87°27'23"W A DISTANCE
OF 105.15 FEET; (2) S78°08'16"W A DISTANCE OF 44.99 FEET; (3)
N70°30'42'W A DISTANCE OF 109.35 FEET; (4) N87°51'58'W A DISTANCE
OF 303.13 FEET; (5) N48°38'02"W A DISTANCE OF 125.58 FEET; (6)
N01°27'12'W A DISTANCE OF 46.60 FEET; (7) N65°56'32'W A DISTANCE OF
251.73 FEET; (8) N69°54'52"W A DISTANCE OF 197.35 FEET; (9)
N62°04'12'W A DISTANCE OF 87.00 FEET; (10) N46°46'32'W A DISTANCE
OF 224.95 FEET; AND (11) N25°45'22"W A DISTANCE OF 69.76 FEET TO
THE SW CORNER OF THE SE 1/4 OF THE NE 1/4 OF SAID SECTION 34;
THENCE N01°31'32"W, ALONG THE WEST LINE OF SAID SE 1/4 OF SAID NE
1/4, A DISTANCE OF 1310.28 FEET TO THE NW CORNER OF SAID SE 1/4
OF SAID NE 1/4; THENCE S89°38'09"E A DISTANCE OF 1296.05 FEET TO
THE NE CORNER OF SAID SE 1/4 OF SAID NE 1/4; THENCE N01°31'15"W,
ALONG THE WEST LINE OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION
35, A DISTANCE OF 1309.52 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM A PARCEL OF LAND SITUATE IN THE SE 1/4 OF
SECTION 26, T.4N., R.87W., OF THE 6TH P.M., COUNTY OF WELD, STATE
OF COLORADO BEING THE FORT ST. VRAIN MONUMENT SITE AS
DESCRIBED IN BOOK 1341 AT PAGE 177, WELD COUNTY, COLORADO
RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SE 1/4 OF SAID
SECTION 26; THENCE N59°36'58'W A DISTANCE OF 1,917.69 FEET TO THE
SOUTHEASTERLY CORNER OF SAID PARCEL AND THE POINT OF
BEGINNING; THENCE N75°56'28"W A DISTANCE OF 106.00 FEET; THENCE
N14°03'32"E A DISTANCE OF 127.00 FEET; THENCE S75°56'28"E A
DISTANCE OF 108.00 FEET; THENCE S14°03'32'W A DISTANCE OF 127.00
FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR
LESS.
AND ALSO EXCEPTING THEREFROM A PARCEL OF LAND SITUATE IN THE
SE 1/4 OF SECTION 2, T.3N., R.67W., OF THE 6TH P.M., SAID WELD
COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SE CORNER OF SAID SE 1/4; THENCE N89°30'32'N,
ALONG THE SOUTH LINE OF SAID SE 1/4, A DISTANCE OF 1264.00 F�_ET
TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST
LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 289 AT PAGE 148,
WELD COUNTY, COLORADO RECORDS; THENCE N03°39'20"W, ALONG
SAID SOUTHERLY EXTENSION AND CONTINUING ALONG SAID EAST LINE,
A DISTANCE OF 839.24 FEET TO A POINT ON THE WEST LINE OF LOT B
OF EXEMPTION SURVEY 1029-02-4-AMRE-2229 AND THE POINT OF
BEGINNING; THENCE CONTINUING NO3°39'20"W, ALONG SAID EAST LINE,
A DISTANCE OF 1995.37 FEET TO A POINT ON THE NORTH LINE OF THE
SE 1/4 OF SAID SECTION 2; THENCE S89°1O'31"E, ALONG SAID NORTH
LINE, A DISTANCE OF 726.08 FEET TO A POINT ON THE LINE COMMON TO
LOT A AND SAID LOT B, EXEMPTION SURVEY 1029-02-4-AMRE-2229:
THENCE ALONG SAID COMMON LINE THE FOLLOWING TWO (2)
COURSES: (1) SOO°42'05"W A DISTANCE OF 728.72 FEET; AND (2)
S89°54'32"W A DISTANCE OF 591.90 FEET TO A POINT ON THE WEST LINE
OF THE EAST 1/2 OF SAID SE 1/4 OF SAID SECTION 2, SAID LINE ALSO
BEING THE WEST LINE OF SAID LOT B; THENCE 500°05'31"E, ALONG
SAID WEST LINE OF SAID LOT B, A DISTANCE OF 1253.25 FEET TO THE
POINT OF BEGINNING, CONTAINING 12.86 ACRES, MORE OR LESS.
THE ANNEXED PARCEL CONTAINS 1,594.09 ACRES, MORE OR LESS.
THE BEARINGS SHOWN HEREON ARE BASED UPON THE ASSUMPTION THAT THE WEST LINE OF
WEST LINE OF THE SW 1/4 OF SECTION 28,T 4N.,R.67W., OF THE 8T"P.M.,WELD COUNTY,
COLORADO BEARS N00'30'58"W AS REFERENCED ON THE PLATTE RIVER RANCH LAND SURVEY
PLAT AS PREPARED BY GBS SURVEYING AND DATED JUNE 30, 2000 AND BOUNDED BY THE
MONUMENTS AS SHOWN ON SAID LAND SURVEY PLAT.
DATE PREPARED: JUNE 18,2002
DATE OF LAST REVISION: JULY 7,2002
PREPARED BY: BRETT L.MILLER,PLS NO. 27809
FOR AND ON BEHALF OF
ENGINEERING SERVICE COMPANY
1300 SOUTH POTOMAC STREET, SUITE 128
AURORA,COLORADO 80012
PHONE: (303)337.1303
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OF 300.25 FEET TO A POINT OF 531'16'1600,A DISTANCE OF 4041 114 OF SAID SECTION 35: THENCE OF SAID SE 1.4 OF 0810 SECTION 2
LEGALS Born page 13 CURVE: (II)ALONG THE ARC OF A FEET,SAID CURVE HAVING A CEN- NO1'2545W,ALONG THE WEST LINE 51D LINE ALSO BEING THE WEST
CURVE TO THE LEFT WHOSE CHORD TRAL ANGLE OF 28'W'5P A RADIUS OF SAID SE 114 OF SAID SW IN,A LINE OF SAID LOT B THENCE 501
TION 26, THENCE NO03248W, BEARS 54541'05'E A DISTANCE OF OF 110 PO FEET AND AN ARC LENGTH DISTANCE OF 111269 FEET TO THE 05 31E ALONG Sao WEST LINE OF
ALONG THE WEST LINE OF THE NW 37660 FEET.SAID CURVE HAVING A OF 48.90 FEET TO A POINT OF TAN- SE CORNER OF THE NW 114 OF SAID SAID LOT 9 A DISTANCE OF 1253225
114 OF SAO SECTION 26.A DISTANCE CENTRAL ANGLE OF 25'0048'.A RA- GENT:(34)548'16'441V.ALONG SAID SW 114 OF SAID SECTION 35. FEET TO THE POINT OF 6EGINNm].
OF 2605.02 FEET: THENCE 580 DILLS OF 87000 FEET AND AN ARC TANGENT. A DISTANCE OF 16622 THENCE N89'5l58W. ALONG THE CONTAINING 1281 ACRES,MORE OR
3411'E A DISTANCE OF 3298 FEET; LENGTH OF 37981 FEET TO A POINT FEET TO A POINT OF CURIE: 1)5 SOUTH LINE OF SAID INJ 114 OF SAID LESS
THENCE 5,5853510E A DISTANCE OF OF TANGENT: 1121 558'11'29"E. ALONG THE ARC OF A CURVE TO SW 1/4.A DISTANCE OF 130422 FEET THE ANNEXED PARCEL CON-
1036.72 FEET:THENCE 5804544E A ALONG SAID TANGENT.A DISTANCE THE LEFT WHOSE CHORD BEARS TO THE SW CORNER OF SAID NW 114 TAWS 1,54 Ov ACRE MINE or.
DISTANCE OF 67615 FEET: THENCE OF 371.71 FEET TO A POINT Of 522V626W A DISTANCE OF 452.11 OF SAID SW 1/4; THENCE NOV 1 LSS
S55'374FE A DISTANCE OF 188.76 CURVE: (13)ALONG THE ARC OF A FEET,SAID CURVE HAVING A CEN' 31'i5W ALONG THE WEST LINE OF THE BEATINGS SHOWN HEREON
FEET: THENCE $68'17'47'E A 015- CURVE TO THE RIGHT WHOSE TRAL ANGLE OF 51'226'33'.A RADIUS SAID NN IN OF SAID SW 114,A DIS' ARE BASED IIPON THE ASSUMPTION
LANCE OF 24520 FEET: THENCE CHORD BEARS S31'58 57"E A D:S OF 525.00 FEET AND AN ARC LENGTH TANCE OF 61459 FEET TO A POINT ILIA t THE WEST LINE OF WEST LINE
STT125TE A DISTANCE OF 897.67 TANCE OF 211.93 FEET,SAID CURVE OF 467.40 FEET TO A POINT OF TAN- ON THE NORTHEASTERLY OF THAT OF THE SW 1,4 OF SECTION26,T 4:4
FEET TO A POINT OF NON-TANGENT HAVING A CENTRAL ANGLE OF 62' GENT: (36)50Y1349'E,ALONG SAID PARCEL DESCRIBED AT RECEPTION H 6NL OF THE 6° PM, WELD
CURVE NORTHWESTERLY RIGHT-OF• 2504'.A'RADIUS OF 24000 FEET AND IANGENI. A DISTANCE OF 46634 NO. 2444383. SAID WELD COUNTY. COUNT 5, CHLORAW REARS NG'
WAY LINE OF THE FORMER UNION AN ARC LENGTH OF 21957 FEET TO FEET TO A POINT OF CURVE: (311 COLORADO RECORDS; HENCE, y):800 AS REFERENCED ON THE
PACIFIC RAILWAY AS CONVEYED TO A POINT OF TANGENT, 114) SOS' ALONG THE APC OF A CURVE TO AL ONO SAID NORTHEASTERLY LINE. ^LAKE RISER RANCH LAND Sl1RLUH
PUBLIC SERVICE COMPANY AT RE- 46'24E, ALONG SAID TANGENT, A THE LEFT WHOSE CHORD BEARS THE FOLLOWING ELEVEN (II) PI Al AS PREPARED BY DOS SOR-
CEPTION NO. 02170560; THENCE DISTANCE OF 101.94 FEET TO A 530'3444"E A DISTANCE OF 355.02 COURSES- (t) 1,467'27 23-4N A 05- VF PING AND DATED JUNE 30, 2503
ALONG SAID NORTHWESTERLY POINT OF CURVE; (151 ALONG THE FEET,SAID CURVE HAVING A CEN- TANCE OF 10515 FEET. (21 S15' AND BOUNDED BY THE MONLIAICNTS
RIGHT'OF'WAY LINE THE FOLLOW- ARC OF A CURVE TO THE RIGHT TRAL ANGLE OF 55'41'49-,A RADIUS 0B'16W A DISTANCE OF 4441 FEET. IS SHOWN ON SARI LAND SURVEY
:NG TWO(2)COURSES: (1)ALONG WHOSE CHORD BEARS ST6'03'12W OF 300.CB FEET AND AN ARC LENGTH 131 N70'30'47 W A DISTANCE OF PLAT.
THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 141.28 FEET.SAID OF 36940 FEET TO A POINT OF TAN- 109.35 FEET; MT X60513810 A DS-
WHOSE CHORD BEARS N4042626"EA CURVE HAVING A CENTRAL ANGLE GENT: (19)558'2538'E.ALONG SAID TANCE OF 20313 FEET: (51 N4?' FiI,I,STFR In I".1,,wc'nwrr Beer"^c
DISTANCE OF 1140.73 FEET. SAID OF 13'39'12', A RADIUS OF 190.00 TANGENT, A DISTANCE Of 9872 3802W A DISTANCE OF 12559 FEEq q"al 1_8.15.72.Et,t 34.:t 421)07
CURVE HAVING A CENTRAL ANGLE FEET AND AN ARC LENGTH OF 144.76 FEET TO A POINT OF CURVE: (39) (6)N01'2101'W A DISTANCE OF 4660
OF 11'37'48',A RADIUS OF 562958 FEET TO A POINT OF TANGENT; (18) ALONG THE ARC OF A CURVE TO FEET: PI N65.746 3251 A DISTANCE SUMMONS BY 01111 CATION
FEET AND AN ARC LENGTH OF 53752'4BW ALONG SAID TANGENT, THE RIGHT WHOSE CHORD BEARS OF 251.73 FEET. (8) 109'54.52'00 A
114269 FEET:AND(2)N35'53'26'E A A DISTANCE OF 303.18 FEET TO A 545'5739'E A DISTANCE OF 21.73 DISTANCE OF 197.35 FEET, (9)N62' DISTRICT COL.R I. MUD COI":IT.
DISTANCE OF 2780.60 FEET: POINT OF CURVE, (17)ALONG THE FEET,SAID CURVE HAVING A CEN• 0417W A DISTANCE OF B1 DC FEET. COLORADO
THENCE 554'0634'E A DISTANCE OF ARC OF A CURVE TO THE LEFT TRAL ANGLE OF 25'6582',A RADIUS (10) N46.46'321V A DISTANCE OF 10 0 Bar 213E
200.00 FEET TO A POINT ON THE WHOSE CHORD BEARS 024.18'08W OF 5000 FEET AND AN ARC LENGTH 27495 FEET; f-ND (II)N25'45"22W 91T Aveue.rvl_In•1e.
SOUTHEASTERLY RIGHT-OF-WAY A DISTANCE OF 23946 FEET,SAID OF 2190 FEET TO A POINT OF TAN. A DISTANCE OF 69.76 FEET TO THE Greeley N CO 811617.:L.,16
LINE OF SAID FORMER UNION PA- CURVE HAVING A CENTRAL ANGLE GENT; (40)533'1938'E,ALONG SAID SW CORNER OF THE SE 114 OF TIRE Av 970.151.7340
CIFIC RAILWAY, SAID POINT LYING OF 2009'20', A RADIUS OF 510,00 TANGENT. A DISTANCE OF 17382 NE 114 OF SAID SECTION u PuiWNf nl
706 FEET DISTANCE FROM, AS FEET AND AN ARC LENGTH OF 241.72 FEET TO A POINT OF CURVE: AND THENCE NO1'3T 32W. ALONG THE ROCS'?PLAINS LLP.a Covado llry
MEASURED AT RIGHT ANGLES TO FEET TO A POINT OF TANGENT: (18) I41)ALONG THE ARC OF A CURVE TO WEST LINE OF SAID SE 111 OF SA.0 Led Lauds Pnnncrsnlp
THE EAST LINE OF THE SE 114 OF 510'43281,ALONG SAID TANGENT, THE LEFT WHOSE CHORD BEARS NE 1/4.A DISTANCE OF 1310.26 FEET Defendants:
SAID SECTION 23: THENCE SOT' A DISTANCE OF 181.71 FEET TO A S43r01'SO'E A DISTANCE OF 134.76 TO THE NW CORNER OF SAID SE 1.4 GLADYS BROOKS. lea GLADYS
23'50E, PARALLEL TO SAID EAST POINT OF CURVE; (19)ALONG THE FEET,SAID CURVE HAVING A CEN- OF SAID NE 114. THENCE 589238090E BREITWCISER: MARVIN BAYER:
LINE,A DISTANCE OF 1716.90 FEET; MC OF A CURVE TO THE RIGHT TEN.ANGLE OF 19'23'43,A RADIUS A DISTANCE OF 1296.6 FEET TO THE KATHRYN bOYDSEON: WALTER I
THENCE SOO'05'44'E. PARALLEL TO WHOSE CHORD BEARS 515'05'59W OF 4600 FEET AND AN ARC LENGTH NE CORNER Of SAID SE 114 OF SAID TENNEY:WILLIAM LESTER BASHOR;
MD 70.00 FEET DISTANT FROM THE A DISTANCE OF 14801 FEET, SAID OF 135.40 FEET TO A POINT OF NON- NE 114:THENCE NOttl1'15W,ALONG JUNE 0. MEMILLEN: VERDIE 51
EAST LINE OF THE NE 1/4 Of SAID CURVE HAVING A CENTRAL ANGLE TANGENT, SAID POINT LYING 70.00 THE WEST LINE OF THE NW 114 OF HAMILLEN: SHIRLEY JEAN McNAIR.
SECTION 28,A DISTANCE OF 253501 OF 10'4502'. A RADIUS OF 790.00 FEET DISTANT FROM AS MEASURED THE NW 1/4 OF SAID SECTION 35.A TENNEY INVESTMENT CO:HORACE
FEET; THENCE 500'51'26',PARAL- FEET AND AN ARC LENGTH OF 148.23 AT RIGHT ANGLES TO THE EAST LINE DISTANCE OF 1209.52 FEET TO THE AS CAMPBELL.ISNAIZ ROSENBERG
LEL TO AND 7000 FEET DISTANT FEET TO A POINT OF TANGENT: (20) OF THE NE 1/4 OF SAID SECTION 2: POINT OF BEGINNING. ST ATE OF COLORADO:ALL THOSE
FROM THE EAST LINE OF THE SE 1/4 521'28'Z W.ALONG SAID TANGENT. THENCE 5W'06'13'E, PARALLEL TO EXCEPTING THEREFROM A PAR' Fr RSONS CLAIMING A RIGHT OF
OF SAID SECTION 28,A DISTANCE OF A DISTANCE Of 98470 FEET TO A SAID EAST LINE, A DISTANCE OF CET OF LAND SITUATE IN THE SE 1/1 CLAIMING ANY INTEREST IN AND TO
63233 FEET TO A POINT LYING 7000 POINT OF CURVE: (21)ALONG THE 86845 FEET; THENCE 50005340, OF SECTION 26 T.4N., R 6'7W. OF PIE SUBJECT MATTER OF THIS AC-
FEET DISTANT FROM,AS MEASURED MC OF A CURVE TO THE RIGHT PARALLEL TO AND 7000 FEET DIS THE 801 P M.. COUNTY OF WEI.D. T1011
AT RIGHT ANGLES TO THE NORTH- WHOSE CHORD BEARS 533'53'06"W TANT FROM AS MEASURED AT RIGHT STATE OF COLORADO BEING THE Attorney for Plalrlem.
ERLY LINE OF THE WESTERN MU- A DISTANCE OF 128.79 FEET,SAID ANGLES TO THE EAST LINE OF THE FORT ST.VRAIN MONUMENT SITE AS Jnrl 1.Garry
TUK DITCH AS DESCRIBED IN BOOK CURVE HAVING A CENTRAL ANGLE SE 114 OF SAID SECTION 2 A DIS DESCRIBED IN BOOK 1341 AL PAGE vlexm.014011555 Barry A 8Mm55.14
110 AT PAGE 498.WELD COUNTY OF 24'49'I2', A RADIUS OF 29500 TANCE OF 254880 FEET TO A POINT 177.WELD COUNTY,COLORADO RE- N I P
COLORADO RECORDS; THENCE FEET AND AN ARC LENGTH OF 127.19 LYING 7000 FEET DISTANT FROM,AS CORDS AND BEING MORE PAR➢CU- 6121;^Strecl Suer 710
PARALLEL TO AND 706 FEET DIS- FEET TO A POINT OF TANGENT: 122) MEASURED AT RIGHT ANGLES TO, LARLYDESCRBEJ AS FOLLOWS ornelev.CO El HII
TANT FROM SAID NORTHERLY LINE S.46'17'42-W,ALONG SAID TANGENT, THE SOUTH LINE Of SAID SE 114 OF COMMENCE AT THE SOUTHEAST Fry,444.1Numom vaTT;3161
AND CONTINUING PARALLEL TO AND A DISTANCE OF 140.50 PEET TO A SAID SECTION 2: THENCE N89' CORNER OF SAID SE 114 OF SAID Soy FL.] e.1f1-I
706 FEET DISTANT FROM THE POINT OF CURVE; (23)ALONG THE 30'32W,PARALLEL TO SAID SOUTH SECTION 26; THENCE N`A'J6'SBIY A
WESTERLY AND SOUTHWESTERLY MC OF A CURVE TO THE LEFT LINE,A DISTANCE OF 119926 FEET DISTANCE OF 191754 FEET TO THE FAA No 02C'' '
LINES OF SAID WESTERN MUTUAL WHOSE CHORD BEARS GOO'20'S3'E, TO A POINT ON THE EASTERLY LINE SOUTHEASTERLY CORNER OF SAID SUMMON-. Dv H'4JCATIO1I
DITCH THE FOLLOWING FORTY ONE A DISTANCE OF 43625 FEET. SAID OF THAT PARCEL DESCRIBED IN PARCEL AND THE POINT OF BEGIN- ine:•'ms'-.111-S+b NCnlvm:,
(11) COURSES: (I) N83'OOIIW A CURVE HAVING A CENTRAL ANGLE BOOK 289 AT PAGE 148: THENCE NIND THENCE N75.5528'N A DIS- To The D. 4rc:
DISTANCE OF 130.64 FEET TO A OF 030'15', A RADIUS OF 300.00 503139'20'E,ALONG SAID EASTERLY TANCE OF 10600 FEET, THENCE 'e rpu;n.l Ir
POINT OF CURVE: (2)ALONG THE FEET AND AN ARC LENGTH OF 458.44 LINE AND CONTINUING ALONG SAID N14'OJ'3SE A DISTANCE OF 127.00 apsoar and rCr.1:: r 1,1, He Gatos 4f
ARC OF A CURVE TO THE LEFT FEET TO A POINT OF TANGENT: 124) EASTERLY LINE EXTENDED SOUTH- FEET-, THENCE 575'56'28-, A DIS the Cnnpprnt W'. -ne Cam rn;ns
WHOSE CHORD BEARS 552'45'22W 546'59'26'E,ALONG SAID TANGENT. EASTERLY, A DISTANCE OF 10.10 TANCE OF 10600 FEET: THENCE a wen, Li I'1'1`t Is al Le CTers el the
A DISTANCE OF 73253 FEET, SAID A DISTANCE OF 44005 FEET TO A FEET TO A POINT ON THE SOUTH 514'033210 A DISTANCE OF 12700 Cohn s n
CURVE HAVING A CENTRAL ANGLE POINT OF CURVE: 125)ALONG THE LINE OF THE SE 114 OF SAID SEC. FEET TO THE POINT OF BEGINNING. (Arood e to Yn your answer other
OF 88220]1', A RADIUS OF 525110 ARC OF A CURVE TO THE RIGHT TIOI4 2:THENCE 489'30"32W.ALONG CONTAINING 0.31 ACRES,MORE OR response wIlAn 30 Lays TOTer He Behove
FEET AND AN ARC LENtiTF OF 81070 WHOSE CHORD BEARS 518'49'28"EA SAD SOUTH LINE,A DISTANCE OF LESS. of This Summons upon you.Service of
FEET TO A POINT OF TANGENT (3) DISTANCE OF 14633 FEET, SAID 1345.60 FEET TO THE SOUTHWEST AND ALSO EXCEPTING THERE. `Ifs Summons shell be s molrs eo M
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Mzllilpen Town Hall. 1101 Broad St.. Drawer 290 • Milliken, CO 80543 • '1970) 587-4331 • (970) 587-2678 Fax
40n tc&
August 16, 2002
Weld County Commissioners
PO Box 758
Greeley, Colorado 08632
Dear Weld County Commissioners;
Attached is a copy of the Impact Report concerning the Platte Trust Annexation located
south of the Town of Milliken town boundary. If you have any questions or concerns
please feel free to contact me at (970) 587-4331.
Thank you,
Nanette Fornof, CMC
Town Clerk
ll F ) CC on, SO ,
Imo,: n.)--
Town of Milliken, County of Weld, Colorado
Annexation Impact Report
Concerning
The Platte Trust Annexation
Introduction
The Town of Milliken (the "Town") has received from The Platte Trust and Tom
Sharkey ("Petitioners") a Petition for Annexation of Parcels of Land (the "Petition")
for±1,594.09 acres for aggregate mining reclamation. Hereafter, the proposed
annexation shall be referred to as the "Annexation." The Town and the Petitioners
are currently negotiating an Annexation and Development Agreement in conjunction
with the Petition.
This Annexation Impact Report has been prepared pursuant to the requirements set
forth in CRS Section 31-12-108.5, and identifies the impact the Annexation will have
on the Town. This Annexation Impact Report has been prepared at least twenty-five
days before the public hearing on the Annexation scheduled for September 11, 2002,
and has been submitted to the Weld County Board of County Commissioners within
five days thereafter.
The Annexation
The property subject to the proposed Annexation (the "Property") is located
immediately south of the Town and encompasses a portion of Section 2,Township 3
North, Range 67 West, and portions of Sections 23, 26, 34, and 35, Township 4
North, Range 67 West, described in the Annexation submitted to the Town along with
the Petition, and includes a portion of the Wildcat Mound, the South Platte River east
of its confluence with St. Vrain Creek, former railroad rights of way, and the land
surrounding, but not including, the Fort St. Vrain Monument. The Property is owned
by The Platte Trust (1367.65 acres), Public Service Company of Colorado (38.90
acres), and Tom Sharkey (17.54 acres). The Platteville Historic Society owns the
Fort St. Vrain Monument consisting of.31 acres. The Fort St. Vrain Monument, and
the property owned by Dave and Jill Eldredge (12.86 acres), are not subject to the
Annexation. The Western Mutual Ditch parallels the eastern line of the Property, and
is not a part of the Annexation.
Town Boundaries - Section 31-12-108.5(a)(I)
The Town's present and proposed boundaries are shown on. The Annexation is
adjacent to the southern boundary of the Hall-Irwin Annexation located in Section 26,
Township 4 North, Range 67 West of the 6th P.M., and adjacent to the eastern
property line of the Somerset Ridge Estates Annexation #1 located in Section 27,
Township 4 North, Range 67 West of the 6th P.M. In total, ±10,492 lineal feet of
boundary (a ratio of±1:5.26 of the total Annexation boundary) are contiguous to the
existing Town boundaries.
Existing and Proposed Land Use Patterns - Section 31-12-108.5(a)(III)
The Property is currently used for agriculture and mineral extraction (oil and gas).
Much of the Property is within the 100-year floodplain of the South Platte River.
Pas.--- I
The uses proposed for land within the Annexation are:
Mineral extraction and activities directly related to mineral extraction;
Ongoing agriculture operations on those portions of the Property for which future
mineral extraction is planned;
Public recreation in areas in which mineral extraction has ceased; and,
Water storage for the Town, at its option, in areas in which mineral extraction has
been completed.
Oil and gas extraction is currently underway on the Property, and is anticipated to
continue.
The Property is currently zoned A (Agricultural) by Weld County. The Petitioners
have requested that the Property be zoned CD (Conservation District) by the Town.
A part of Wildcat Mound, located in the portion of the Annexation north of the South
Platte River, is within the Town's Urban Growth Area. This is identified as Open
Space in the Town's Comprehensive Plan. As a result, the proposed use of that part
of the Property, as shown on the Land Use Plan attached (Attachment 1), is consistent
with the Town's Comprehensive Plan. The remaining portion of the Property north
of the river, and immediately adjacent to the railroad line may be used as a rail load-
out facility. The Town is presently considering a request to amend its Comprehensive
Plan to include all of the Property within its Urban Growth Area, including the part of
the Property south of the river.
As indicated on Attachment 1, material will be extracted from the Property over a
period of years depending upon the level of demand. The Property contains proven
reserves of up to 100,000,000 tons of material available for potential removal. When
the extraction operations are completed, the surfaces of the resulting lakes are
anticipated to exceed 747 acres, with a total water storage capacity of 29,880 acre-
feet. At the Town's option, some of this water storage capacity will be made
available to the Town.
All land surrounding the Property is currently either in agricultural production or
vacant. The majority of the residential construction proposed for the Hall-Irwin
Annexation and the Somerset Estates Annexation #1 has not yet been constructed.
These annexations form the contiguous boundary between the Town and the
Annexation.
Mineral extraction will occur so that, at its closest point, the distance between
extraction operations and the proposed residential area in the Hall-Irwin Annexation
will be at least 3,500 feet. Other areas of extraction will be up to 1.25 miles away.
Moreover, Wildcat Mound will buffer views of the areas planned for mineral
extraction from future residences. The portion of Wildcat Mound within the Hall-
Irwin Annexation has been dedicated to the Town as open space. This area is
adjacent to the portion of Wildcat Mound owned by the Platte Trust. No mineral
extraction will occur on that part of Wildcat Mound located on the Property. A
portion of the Property is located immediateiy cast of the Somerset Estates
.'..y 2
Annexation #1. The nearest potential home site within the Somerset Estates
Annexation #1 is approximately 2,500 feet from the nearest mining.
Impact on Existing Infrastructure - Section 31-12-108.5(a)(II), and Section 31-12-
108.5(c) & (d)
The Town's proposed infrastructure is shown on Attachment 1. There is no existing
Town infrastructure located adjacent to the Property. In accordance with Town
policy, utility services such as water, sanitary sewer, storm sewer, and other public
utilities are located within existing and proposed public rights of way. As described
below, impact on the Town's existing infrastructure is expected to be virtually non-
existent.
Impact on Sanitary Sewer Service
Because the proposed Annexation is considerably below the Town's existing sanitary
sewer facilities, impact on the Town's sanitary sewers is expected to be negligible,
The Petitioners have requested a waiver from the Town's requirement for provision
of water and sewer to the Property. Existing septic systems and leach fields currently
serve certain existing improvements on the Property and are suitable to serve the
employees who will work on the Property. Two of the existing septic systems were
replaced in July, 2002. To address future needs, the existing systems and fields will
be expanded or replaced with similar devices.
Impact on Transportation
Weld County Roads 36, 38, and 40 access the Property from the east. Weld County
Road 23 enters the Property from the south. Weld County Road 40 is currently used
to access the Fort St. Vrain Monument.
All truck transport required by mineral extraction operations on the Property will
utilize existing county, state, or federal roads. Future plans entail an effort to obtain
shipping via rail, if possible. The proposed haul route will follow Weld County Road
38 to State Highway 60, and then to US Highway 85, where the shipments will move
either south or north. The haul route will not include roads within the Town north of
the South Platte River. As a result, the Annexation will have a minimal impact upon
the Town's transportation network.
Impact on Services and Districts - Sections 31-12-108.5(e) & (f)
The following districts currently serve the Property: The Johnstown-Milliken Re-5j
School District, the Weld County Sheriff's Department, the Milliken Fire Protection
District, and the Little Thompson Water District. Roads accessing the Property are
maintained by Weld County. Upon recordation of the Annexation, the Town's Police
Department will take over the police protection currently provided by the Weld
County Sheriff's Department. The remaining three districts will continue to serve the
Property.
Page 3
The enrollment and subsequent capital construction at elementary and middle schools
in the district will not be affected by the Annexation, as there is no residential
component to the Annexation. Most of the anticipated full-time employees will likely
be hired from the existing labor force or from future residents living in previously
approved Town neighborhoods.
Additional costs to the Milliken Fire Protection District to serve the Property are
anticipated to be negligible. The Milliken Police Department would face significant
travel time to reach the majority of the Property, and may not be able to provide
adequate protection. Therefore, the Petitioners intend to supplement municipal police
protection with private security personnel. This will minimize any impact upon the
Milliken Police Department.
No impact to the water district is anticipated. Extending public water lines to the
Property will not be required. Existing domestic wells are suitable to provide potable
water to the existing and proposed structures on the property. The lakes on the
Property will be naturally filled by water from the South Platte River through the
acquisition of junior water rights, and supplemented through the purchase of
additional water rights elsewhere as necessary.
Three Mile Plan
The Town will do what is required to comply with the requirements of CRS Section
31-12-105 as it relates to reviewing and updating its Comprehensive Plan together
with associated planning guides.
Financing Plans - Section 31.12.108.5(d)
The Petitioners have agreed to contribute to the Town, over the full term of its
extraction operations, $0.10 for each ton of gravel extracted and sold. This Royalty
should produce revenue for the Town of up to $100,000 per year, and up to
$10,000,000 over the life of the mining reclamation project, to use as the Town sees
fit.
Attachments
Attachment 1: Land Use Plan
Attachment 2: Draft Pre-Annexation Agreement
2974578_4.DOC
Page 4
PLATTE TRUST ANNEXATION .
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-- _- a I c I r LHIT£t IS August,2002
DRAFT
FOR DISCUSSION PURPOSES ONLY
PRE-ANNEXATION AGREEMENT
THIS PRE-ANNEXATION AGREEMENT (the "Agreement") is entered
into this day of _, 2002, by and between the TOWN OF
MILLIKEN, COLORADO, a Colorado municipal corporation (the "Town"), and
The Platte Trust and Tom Sharkey (collectively, the "Petitioners"):
WITNESSETH:
WHEREAS, Petitioners own certain real property located in Weld County
as described on Exhibit A attached hereto and incorporated herein by this
reference consisting of approximately 1600 acres (the "Property"); and
WHEREAS, Petitioners desire to annex the Property into the Town to
allow for future development as more fully set forth herein; and
WHEREAS, petitioners filed a Petition for Annexation of Parcels of Land
with the Town on _ _, which was found to be in substantial compliance
with the applicable statutes on
WHEREAS, Petitioners anticipate satisfying all of the applicable criteria
and conditions for annexation so that the Property will be eligible for annexation
into the Town; and
WHEREAS, the Town and Petitioners desire to enter into an agreement
concerning the potential annexation of the Property and the zoning of the
Property should the Town choose to annex the Property, provided, however, that
this Agreement is not intended to replace an annexation agreement nor bind the
Town to annex the Property; and
NOW, THEREFORE, for and in consideration of the mutual covenants
and agreements herein contained and each and every act to be performed
hereunder by them, the Town and Petitioners hereby agree as follows:
1. Annexation/Zoning Process. Petitioners and the Town shall utilize
good faith efforts to prepare and submit the necessary applications and
documentation and to undertake the necessary and proper processes, public
notices, notifications, and public hearings in order to consider annexation and
zoning of the Property as set forth in the above recitals and in this Agreement.
The Town and Petitioners shall undertake good faith efforts to schedule timely
hearings on Petitioner's annexation petition and zoning applications and to
process the petition and applications to final approval. The parties recognize that
certain legislative acts by the Town are necessary to effectuate the approvals
DRAFT
FOR DISCUSSION PURPOSES ONLY
described herein. It is not the intent of this Agreement to bind the Town to
undertake or make such municipal acts or to limit public participation in hearings
or remedies regarding such acts. Rather, it is the intent of this Agreement to
describe the results currently anticipated by the parties, in order to facilitate the
process toward annexation. In the event that the annexation and zoning process,
and anticipated contracts and other arrangements between the Town and
Petitioners do not proceed substantially in accordance herewith or with the
applications as submitted by Petitioners, the parties acknowledge that Petitioners
may, in their sole discretion, unilaterally withdraw all applications, petitions,
agreements and any other actions associated therewith.
2. The Property. The Petitioners propose to develop the Property as a
mineral extraction operation. The Property is currently in agricultural use. The
Property will remain in agricultural use until it is actively mined, used in
association with mining, or subject to reclamation after being mined. The
extraction of gravel and sand on the Property will result in the creation of a
number of lakes which the Petitioners propose for future use by the Town as
public recreation areas.
3. Access and Utilities to the Property. To the extent necessary,
Petitioners shall be responsible for the physical extension to and within the
Property, including the upgrade of any existing facilities to applicable
specifications and to serve the development of the Property, of all access roads,
and water, sewer, gas, electric, telephone and cable TV utilities.
4. Water Service to the Property. Extension of public water lines to
the Property will not be required. Existing domestic wells are adequate to
provide potable water to the Property. Future lakes on the Property will be
naturally filled by water from the South Platte River through the acquisition of
junior water rights, and supplemented through the purchase of additional water
rights elsewhere as necessary.
5. Sewer and Wastewater Treatment. The Petitioners intend to request
a waiver from the Town's requirement for provision of water and sewer to the
Property. Existing septic systems and leach fields currently serve improvements
on the Property, and these are suitable to serve the Property during the mineral
extraction operations. To address future needs, the existing systems and fields
will be expanded or replaced to applicable specifications with similar devices.
6. Fees and Dedications. The parties acknowledge that no tap fees,
system improvement fees, cash in lieu of water rights dedication fees, public park
and open space fees, or any other fees or dedications for water, utility service,
park or open space dedication, or any other matter related to development of the
Property have been paid to the Town. Any and all such fees or dedications, if
any, shall be paid as mutually agreed upon by the parties in the final annexation
•
DRAFT
FOR DISCUSSION PURPOSES ONLY
agreement and in accordance with the applicable laws, ordinances, rules,
regulations, and policies.
7. Agricultural Operations. The Property is currently in agricultural
use which includes, among other things, the raising of livestock. Agricultural
operations will continue on those portions of the Property on which mining
operations have not begun. Insofar as it has legal power and authority to do so,
the Town agrees that it will not take any legislative or administrative action to
prohibit Petitioners from continuing agricultural operations on those portions of
the Property which are not actively mined.
8. Metropolitan District. If Petitioners determine that a Metropolitan
District should be created within or for the Property, the Town shall consider the
creation of such Metropolitan District or other options to obtain tax exempt
financing for infrastructure developments, but is not obligated to approve or
assist with any such option.
9. Additional Issues. Petitioners and the Town acknowledge that there
are additional issues that will require analysis, study and discussion prior to
completing annexation of the Property. These additional issues include but are
not limited to zoning, development phasing, road impacts, public access,
recreation trails connecting with the existing trail system, a bridge over the South
Platte River, a railway load-out facility, royalty payments and water storage.
Petitioners and the Town will use good faith efforts to reach timely agreement on
all additional issues in an effort to ensure annexation of the Property.
10. Notices. All notices, demands, requests, consents, approvals,
offers, statements, and other instruments or communications required or
permitted to be given hereunder shall be in writing and shall be deemed to have
been given when delivered or 48 hours after mailing by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
a. If to Petitioners:
Tom Sharkey
With a copy to:
Dave Guetig
And:
DRAFT
FOR DISCUSSION PURPOSES ONLY
Bob Pomeroy, Esq.
Elizabeth Mitchell, Esq.
Jeanette Wotkyns, Esq.
b. If to Town:
Town Manager
Bruce Fickel, Esq.
Town Attorney
or at such other addresses as Petitioners or the Town shall have specified in a
notice provided in accordance with this section.
11. Breach. In the event that the processes for considering annexation
and zoning of the Property by the Town as described herein (which the parties
recognize are legislative in nature) do not proceed in accordance herewith, the
parties' rights shall be limited to the provisions of Paragraphs 1, and no right of
specific performance or damages shall attach with respect thereto.
12. Binding Effect. This Agreement shall inure to the benefit of and be
binding upon the Petitioners and the Town and their respective successors and
assigns.
13. Severability. In the event any court of competent jurisdiction shall
hold any provision of this Agreement invalid or unenforceable, such holding shall
not invalidate or render unenforceable any other provision hereof.
14. Amendments, Changes, and Modifications. This Agreement may be
modified or amended only upon written agreement authorized and executed by
the Town and the Petitioners.
15. Further Assurances and Corrective Instruments. The Petitioners
and the Town agree that they will, if necessary, execute, acknowledge, and
deliver or cause to be executed, acknowledged, and delivered such supplements
hereto and such further instruments as may be reasonably required for correcting
any inadequate or incorrect description of the Property or any part thereof or any
provision intended to be or for carrying out the express intention of this
Agreement.
16. Applicable Law. This Agreement shall be governed in accordance
with the laws of the State of Colorado.
4
DRAFT
FOR DISCUSSION PURPOSES ONLY
17. Captions. The captions or headings in this Agreement are for
convenience only and in no way define, limit, or describe the scope or intent of
any provisions or sections of this Agreement.
TOWN OF MILLIKEN, a Colorado
municipal corporation
By:
THE PLATTE TRUST
By:
Roxanne Vaughan as Trustee
TOM SHARKEY
5
DRAFT
FOR DISCUSSION PURPOSES ONLY
EXHIBIT A
LEGAL DESCRIPTION
(To be inserted)
2976130_1.DOC
i
THAT PART OF SECTION 2, T.3N., R.67W., AND SECTIONS 23, 26, 34 AND
35, T.4N., R.67W., OF THE 6TH P.M., WELD COUNTY, COLORADO BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26, T.4N.,
R.67W.; THENCE N00°30'58"W, ALONG THE WEST LINE OF THE SW 1/4 OF
SAID SECTION 26, A DISTANCE OF 2640.20 FEET TO THE NW CORNER OF
THE SW 1/4 OF SAID SECTION 26; THENCE N00°32'48"W, ALONG THE
WEST LINE OF THE NW 1/4 OF SAID SECTION 26, A DISTANCE OF 2605.02
FEET; THENCE S81°34'11"E A DISTANCE OF 32.98 FEET; THENCE
S68°35'14"E A DISTANCE OF 1036.22 FEET; THENCE S87°45'44"E A
DISTANCE OF 676.15 FEET; THENCE S55°37'47"E A DISTANCE OF 168.76
FEET; THENCE S66°17'47"E A DISTANCE OF 245.20 FEET; THENCE
S72°42'57"E A DISTANCE OF 897.67 FEET TO A POINT OF NON-TANGENT
CURVE NORTHWESTERLY RIGHT-OF-WAY LINE OF THE FORMER UNION
PACIFIC RAILWAY AS CONVEYED TO PUBLIC SERVICE COMPANY AT
RECEPTION NO. 02170560; THENCE ALONG SAID NORTHWESTERLY
RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: (1) ALONG THE
ARC OF A CURVE TO THE LEFT WHOSE CHORD BEARS N40°26'26"E A
DISTANCE OF 1140.73 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
11°37'48", A RADIUS OF 5629.58 FEET AND AN ARC LENGTH OF 1142.69
FEET; AND (2) N35°53'26"E A DISTANCE OF 2280.60 FEET; THENCE
S54°06'34"E A DISTANCE OF 200.00 FEET TO A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF SAID FORMER UNION PACIFIC
RAILWAY, SAID POINT LYING 70.00 FEET DISTANCE FROM, AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE SE 1/4 OF SAID
SECTION 23; THENCE S01°23'51"E, PARALLEL TO SAID EAST LINE, A
DISTANCE OF 1776.90 FEET; THENCE S00°05'44"E, PARALLEL TO AND
70.00 FEET DISTANT FROM THE EAST LINE OF THE NE 1/4 OF SAID
SECTION 26, A DISTANCE OF 2535.01 FEET; THENCE S00°51'28"E,
PARALLEL TO AND 70.00 FEET DISTANT FROM THE EAST LINE OF THE SE
1/4 OF SAID SECTION 26, A DISTANCE OF 632.23 FEET TO A POINT LYING
70.00 FEET DISTANT FROM, AS MEASURED AT RIGHT ANGLES TO THE
NORTHERLY LINE OF THE WESTERN MUTUAL DITCH AS DESCRIBED IN
BOOK 118 AT PAGE 498, WELD COUNTY, COLORADO RECORDS; THENCE
PARALLEL TO AND 70.00 FEET DISTANT FROM SAID NORTHERLY LINE
AND CONTINUING PARALLEL TO AND 70.00 FEET DISTANT FROM THE
WESTERLY AND SOUTHWESTERLY LINES OF SAID WESTERN MUTUAL
DITCH THE FOLLOWING FORTY ONE (41) COURSES: (1) N83°00'22"W A
DISTANCE OF 130.64 FEET TO A POINT OF CURVE; (2) ALONG THE ARC
OF A CURVE TO THE LEFT WHOSE CHORD BEARS S52°45'22"W A
DISTANCE OF 732.52 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
88°28'31", A RADIUS OF 525.00 FEET AND AN ARC LENGTH OF 810.70
FEET TO A POINT OF TANGENT (3) S08°31'07"W, ALONG SAID TANGENT,
A DISTANCE OF 862.16 FEET TO A POINT OF CURVE; (4) ALONG THE ARC
OF A CURVE TO THE LEFT WHOSE CHORD BEARS S16°13'36"E A
DISTANCE OF 315.61 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
49°29'26", A RADIUS OF 377.00 FEET AND AN ARC LENGTH OF 325.64
FEET TO A POINT OF TANGENT; (5) S40°58'19"E, ALONG SAID TANGENT,
A DISTANCE OF 39.74 FEET TO A POINT OF CURVE; (6) ALONG THE ARC
OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S15°14'18"E A
DISTANCE OF 164.99 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
51°28'03", A RADIUS OF 190.00 FEET AND AN ARC LENGTH OF 170.67
FEET TO A POINT OF TANGENT; (7) S10°29'44"W, ALONG SAID TANGENT,
A DISTANCE OF 555.88 FEET TO A POINT OF CURVE; (8) ALONG THE ARC
OF A CURVE TO THE RIGHT WHOSE CHORD BEARS S18°44'24"W A
DISTANCE OF 140.53 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
16°29'20", A RADIUS OF 490.00 FEET AND AN ARC LENGTH OF 141 .01
FEET TO A POINT OF REVERSE CURVE; (9) ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS S03°05'48"E A DISTANCE OF 571 .40
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 60°09'44", A RADIUS
OF 570.00 FEET AND AN ARC LENGTH OF 598.52 FEET TO A POINT OF
TANGENT; (10) S33°10'40"E, ALONG SAID TANGENT, A DISTANCE OF
300.25 FEET TO A POINT OF CURVE; (11) ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS S45°41'05"E A DISTANCE OF 376.81
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 25°00'48", A RADIUS
OF 870.00 FEET AND AN ARC LENGTH OF 379.81 FEET TO A POINT OF
TANGENT; (12) S58°11'29"E, ALONG SAID TANGENT, A DISTANCE OF
371.71 FEET TO A POINT OF CURVE; (13) ALONG THE ARC OF A CURVE
TO THE RIGHT WHOSE CHORD BEARS S31°58'57"E A DISTANCE OF 211.99
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 52°25'04", A RADIUS
OF 240.00 FEET AND AN ARC LENGTH OF 219.57 FEET TO A POINT OF
TANGENT; (14) S05°46'24"E, ALONG SAID TANGENT, A DISTANCE OF
101.94 FEET TO A POINT OF CURVE; (15) ALONG THE ARC OF A CURVE
TO THE RIGHT WHOSE CHORD BEARS S16°03'12"W A DISTANCE OF
141.28 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 43°39'12", A
RADIUS OF 190.00 FEET AND AN ARC LENGTH OF 144.76 FEET TO A
POINT OF TANGENT; (16) S37°52'48"W, ALONG SAID TANGENT, A
DISTANCE OF 300.18 FEET TO A POINT OF CURVE; (17) ALONG THE ARC
OF A CURVE TO THE LEFT WHOSE CHORD BEARS S24°18'08"W A
DISTANCE OF 239.46 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF
27°09'20", A RADIUS OF 510.00 FEET AND AN ARC LENGTH OF 241 .72
FEET TO A POINT OF TANGENT; (18) S10°43'28"W, ALONG SAID
TANGENT, A DISTANCE OF 181.71 FEET TO A POINT OF CURVE; (19)
ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE CHORD BEARS
S16°05'59"W A DISTANCE OF 148.01 FEET, SAID CURVE HAVING A
CENTRAL ANGLE OF 10°45'02", A RADIUS OF 790.00 FEET AND AN ARC
LENGTH OF 148.23 FEET TO A POINT OF TANGENT; (20) S21°28'30"W,
ALONG SAID TANGENT, A DISTANCE OF 184.70 FEET TO A POINT OF
CURVE; (211 Ai_nNG THE ARC OF A CURVE TO THE RIGHT WHOSE
CHORD BEARS S33°53'06'W A DISTANCE OF 126.79 FEET, SAID CURVE
HAVING A CENTRAL ANGLE OF 24°49'12", A RADIUS OF 295.00 FEET AND
AN ARC LENGTH OF 127.79 FEET TO A POINT OF TANGENT; (22)
S46°17'42"W, ALONG SAID TANGENT, A DISTANCE OF 140.50 FEET TO A
POINT OF CURVE; (23) ALONG THE ARC OF A CURVE TO THE LEFT
WHOSE CHORD BEARS S00°20'53"E, A DISTANCE OF 436.25 FEET, SAID
CURVE HAVING A CENTRAL ANGLE OF 93°17'10", A RADIUS OF 300.00
FEET AND AN ARC LENGTH OF 488.44 FEET TO A POINT OF TANGENT;
(24) S46°59'28"E, ALONG SAID TANGENT, A DISTANCE OF 440.05 FEET TO
A POINT OF CURVE; (25) ALONG THE ARC OF A CURVE TO THE RIGHT
WHOSE CHORD BEARS S18°49'28"E A DISTANCE OF 146.33 FEET, SAID
CURVE HAVING A CENTRAL ANGLE OF 56°19'59", A RADIUS OF 155.00
FEET AND AN ARC LENGTH OF 152.40 FEET TO A POINT OF TANGENT;
(26) S09°20'31"W, ALONG SAID TANGENT, A DISTANCE OF 106.38 FEET TO
A POINT OF CURVE; (27) ALONG THE ARC OF A CURVE TO THE LEFT
WHOSE CHORD BEARS S08°26'49"E, A CHORD LENGTH OF 329.95 FEET,
SAID CURVE HAVING A CENTRAL ANGLE OF 35°34'40", A RADIUS OF
540.00 FEET AND AN ARC LENGTH OF 335.31 FEET TO A POINT OF
TANGENT; (28) S26°14'09"E, ALONG SAID TANGENT, A DISTANCE OF
330.28 FEET TO A POINT OF CURVE; (29) ALONG THE ARC OF A CURVE
TO THE RIGHT WHOSE CHORD BEARS S12°18'58"E A DISTANCE OF 235.75
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 27°50'22", A RADIUS
OF 490.00 FEET AND AN ARC LENGTH OF 238.09 FEET TO A POINT OF
TANGENT; (30) S01°36'13"W, ALONG SAID TANGENT, A DISTANCE OF
93.29 FEET TO A POINT OF CURVE; (31) ALONG THE ARC OF A CURVE TO
THE RIGHT WHOSE CHORD BEARS S10°56'00"W A DISTANCE OF 199.40
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 18°39'35", A RADIUS
OF 615.00 FEET AND AN ARC LENGTH OF 200.29 FEET TO A POINT OF
TANGENT; (32) S20°15'47"W, ALONG SAID TANGENT, A DISTANCE OF
53.95 FEET TO A POINT OF CURVE; (33) ALONG THE ARC OF A CURVE TO
THE RIGHT WHOSE CHORD BEARS S34°16'16"W, A DISTANCE OF 48.41
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 28°00'57", A RADIUS
OF 100.00 FEET AND AN ARC LENGTH OF 48.90 FEET TO A POINT OF
TANGENT; (34) S48°16'44"W, ALONG SAID TANGENT, A DISTANCE OF
166.22 FEET TO A POINT OF CURVE; (35) ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS S22°46'28"W A DISTANCE OF 452.11
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 51°00'33", A RADIUS
OF 525.00 FEET AND AN ARC LENGTH OF 467.40 FEET TO A POINT OF
TANGENT; (36) S02°43'49"E, ALONG SAID TANGENT, A DISTANCE OF
468.34 FEET TO A POINT OF CURVE; (37) ALONG THE ARC OF A CURVE
TO THE LEFT WHOSE CHORD BEARS S30°34'44"E A DISTANCE OF 355.02
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 55°41'49", A RADIUS
OF 380.00 FEET AND AN ARC LENGTH OF 369.40 FEET TO A POINT OF
TANGENT; (38) S58°25'38"E, ALONG SAID TANGENT, A DISTANCE OF
98.72 FEET Tr"-) A POINT OF CURVE; (39) :'v_ONG THE ARC OF A CURVE TO
THE RIGHT WHOSE CHORD BEARS S45°52'38"E A DISTANCE OF 21.73
FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 25°06'00", A RADIUS
OF 50.00 FEET AND AN ARC LENGTH OF 21.90 FEET TO A POINT OF
TANGENT; (40) S33°19'38"E, ALONG SAID TANGENT, A DISTANCE OF
173.82 FEET TO A POINT OF CURVE; AND (41) ALONG THE ARC OF A
CURVE TO THE LEFT WHOSE CHORD BEARS S43°01'30"E A DISTANCE OF
134.76 FEET, SAID CURVE HAVING A CENTRAL ANGLE OF 19°23'43", A
RADIUS OF 400.00 FEET AND AN ARC LENGTH OF 135.40 FEET TO A
POINT OF NON-TANGENT, SAID POINT LYING 70.00 FEET DISTANT FROM
AS MEASURED AT RIGHT ANGLES TO THE EAST LINE OF THE NE 1/4 OF
SAID SECTION 2; THENCE S00°08'13"E, PARALLEL TO SAID EAST LINE, A
DISTANCE OF 868.45 FEET; THENCE S00°05'34"E, PARALLEL TO AND
70.00 FEET DISTANT FROM AS MEASURED AT RIGHT ANGLES TO THE
EAST LINE OF THE SE 1/4 OF SAID SECTION 2 A DISTANCE OF 2548.00
FEET TO A POINT LYING 70.00 FEET DISTANT FROM, AS MEASURED AT
RIGHT ANGLES TO, THE SOUTH LINE OF SAID SE 1/4 OF SAID SECTION 2;
THENCE N89°30'32"W, PARALLEL TO SAID SOUTH LINE, A DISTANCE OF
1585.46 FEET; THENCE N73°38'54"W A DISTANCE OF 2231.90 FEET TO A
POINT ON THE EASTERLY BANK OF THE SOUTH PLATTE RIVER; THENCE,
ALONG SAID EASTERLY BANK, THE FOLLOWING THREE (3) COURSES: (1)
N12°30'21"W A DISTANCE OF 75.04 FEET; (2) N08°06'29"W A DISTANCE OF
212.13 FEET; AND (3) N21°13'42"W A DISTANCE OF 193.13 FEET TO A
POINT ON THE WEST LINE OF THE E 1/2 OF THE SW 1/4 OF SAID SECTION
2; THENCE N00°01'20"E, ALONG SAID WEST LINE, A DISTANCE OF 1060.00
FEET TO A POINT ON THE SOUTHEASTERLY BANK OF SAID SOUTH
PLATTE RIVER; THENCE, ALONG SAID SOUTHEASTERLY BANK, THE
FOLLOWING THREE (3) COURSES: (1) N69°12'56"E A DISTANCE OF 534.88
FEET; (2) N52°37'01"E A DISTANCE OF 214.01 FEET; AND (3) N19°47'43"W
A DISTANCE OF 118.13 FEET TO A POINT ON THE NORTH LINE OF THE
SW 1/4 OF SAID SECTION 2; THENCE N89°10'31"W, ALONG SAID NORTH
LINE, A DISTANCE OF 632.05 FEET TO THE SW CORNER OF THE E 1/2 OF
THE NW 1/4 OF SAID SECTION 2; THENCE N00°03'25"W, ALONG THE
WEST LINE OF SAID E 1/2 OF SAID NW 1/4, A DISTANCE OF 2666.01 FEET
TO THE SW CORNER OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 35;
THENCE N01°25'45"W, ALONG THE WEST LINE OF SAID SE 1/4 OF SAID
SW 1/4, A DISTANCE OF 1312.69 FEET TO THE SE CORNER OF THE NW 1/4
OF SAID SW 1/4 OF SAID SECTION 35; THENCE N89°57'58"W, ALONG THE
SOUTH LINE OF SAID NW 1/4 OF SAID SW 1/4, A DISTANCE OF 1304.22
FEET TO THE SW CORNER OF SAID NW 1/4 OF SAID SW 1/4; THENCE
N01°31'15"W, ALONG THE WEST LINE OF SAID NW 1/4 OF SAID SW 1/4, A
DISTANCE OF 614.59 FEET TO A POINT ON THE NORTHEASTERLY OF
THAT PARCEL DESCRIBED AT RECEPTION NO. 2444383, SAID WELD
COUNTY, COLORADO RECORDS; THENCE, ALONG SAID
NORTHEASTERLY LINE, THE FOLLOWING ELEVEN (11) COURSES: (1)
N87°27'23"W A DISTANCE OF 105.15 FEET; (2) S76°08' ITVI/ A DISTANCE
OF 44.99 FEET; (3) N70°30'42"W A DISTANCE OF 109.35 FEET; (4)
N67°51'58"W A DISTANCE OF 303.13 FEET; (5) N48°38'02"W A DISTANCE
OF 125.58 FEET; (6) N01°27'12"W A DISTANCE OF 46.60 FEET; (7)
N65°56'32"W A DISTANCE OF 251.73 FEET; (8) N69°54'52"W A DISTANCE
OF 197.35 FEET; (9) N62°04'12"W A DISTANCE OF 87.00 FEET; (10)
N46°46'32"W A DISTANCE OF 224.95 FEET; AND (11) N25°45'22"W A
DISTANCE OF 69.76 FEET TO THE SW CORNER OF THE SE 1/4 OF THE NE
1/4 OF SAID SECTION 34; THENCE N01°31'32"W, ALONG THE WEST LINE
OF SAID SE 1/4 OF SAID NE 1/4, A DISTANCE OF 1310.26 FEET TO THE NW
CORNER OF SAID SE 1/4 OF SAID NE 1/4; THENCE S89°38'09"E A
DISTANCE OF 1296.05 FEET TO THE NE CORNER OF SAID SE 1/4 OF SAID
NE 1/4; THENCE N01°31'15"W, ALONG THE WEST LINE OF THE NW 1/4 OF
THE NW 1/4 OF SAID SECTION 35, A DISTANCE OF 1309.52 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM A PARCEL OF LAND SITUATE IN THE SE 1/4 OF
SECTION 26, T.4N., R.67W., OF THE 6TH P.M., COUNTY OF WELD, STATE
OF COLORADO BEING THE FORT ST. VRAIN MONUMENT SITE AS
DESCRIBED IN BOOK 1341 AT PAGE 177, WELD COUNTY, COLORADO
RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SAID SE 1/4 OF SAID
SECTION 26; THENCE N59°36'58"W A DISTANCE OF 1,917.69 FEET TO THE
SOUTHEASTERLY CORNER OF SAID PARCEL AND THE POINT OF
BEGINNING; THENCE N75°56'28"W A DISTANCE OF 106.00 FEET; THENCE
N14°03'32"E A DISTANCE OF 127.00 FEET; THENCE S75°56'28"E A
DISTANCE OF 106.00 FEET; THENCE S14°03'32"W A DISTANCE OF 127.00
FEET TO THE POINT OF BEGINNING, CONTAINING 0.31 ACRES, MORE OR
LESS.
AND ALSO EXCEPTING THEREFROM A PARCEL OF LAND SITUATE IN THE
SE 1/4 OF SECTION 2, T.3N., R.67W., OF THE 6TH P.M., SAID WELD
COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCE AT THE SE CORNER OF SAID SE 1/4; THENCE N89°30'32"W,
ALONG THE SOUTH LINE OF SAID SE 1/4, A DISTANCE OF 1264.55 FEET
TO THE INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE EAST
LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 289 AT PAGE 146,
WELD COUNTY, COLORADO RECORDS; THENCE N03°39'20"W, ALONG
SAID SOUTHERLY EXTENSION AND CONTINUING ALONG SAID EAST LINE,
A DISTANCE OF 639.24 FEET TO A POINT ON THE WEST LINE OF LOT B
OF EXEMPTION SURVEY 1029-02-4-AMRE-2229 AND THE POINT OF
BEGINNING; THENCE CONTINUING N03°39'20"W, ALONG SAID EAST LINE,
A DISTANCE OF 1995.37 FEET TO A POINT ON TH1_ NORTH LINE OF THE
i_ _
SE 1/4 OF SAID SECTION 2; THENCE S89°10'31"E, ALONG SAID NORTH
LINE, A DISTANCE OF 726.08 FEET TO A POINT ON THE LINE COMMON TO
LOT A AND SAID LOT B, EXEMPTION SURVEY 1029-02-4-AMRE-2229;
THENCE ALONG SAID COMMON LINE THE FOLLOWING TWO (2)
COURSES: (1) S00°42'05"W A DISTANCE OF 726.72 FEET; AND (2)
S89°54'32"W A DISTANCE OF 591.90 FEET TO A POINT ON THE WEST LINE
OF THE EAST 1/2 OF SAID SE 1/4 OF SAID SECTION 2, SAID LINE ALSO
BEING THE WEST LINE OF SAID LOT B; THENCE S00°05'31"E, ALONG
SAID WEST LINE OF SAID LOT B, A DISTANCE OF 1253.25 FEET TO THE
POINT OF BEGINNING, CONTAINING 12.86 ACRES, MORE OR LESS.
THE ANNEXED PARCEL CONTAINS 1,576.55 ACRES, MORE OR LESS.
THE BEARINGS SHOWN HEREON ARE BASED UPON THE ASSUMPTION THAT THE WEST LINE OF
WEST LINE OF THE SW 1/4 OF SECTION 26,T.4N., R.67W.,OF THE 6TH P.M.,WELD COUNTY,
COLORADO BEARS N00°30'58'W AS REFERENCED ON THE PLATTE RIVER RANCH LAND SURVEY
PLAT AS PREPARED BY GBS SURVEYING AND DATED JUNE 30,2000 AND BOUNDED BY THE
MONUMENTS AS SHOWN ON SAID LAND SURVEY PLAT.
DATE PREPARED: JUNE 18,2002
DATE OF LAST REVISION:
PREPARED BY: BRETT L. MILLER, PLS NO. 27609
FOR AND ON BEHALF OF
ENGINEERING SERVICE COMPANY
1300 SOUTH POTOMAC STREET, SUITE 126
AURORA,COLORADO 80012
PHONE: (303)337-1393
PLATTE TRUST ANNEXATION
M ILLIKEN,COLORADO
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Platte Trust Annexation
Milliken, Colorado
Traffic Study
August 2002
Prepared for:
Galloway, Romero &Associates
5350 DTC Parkway
Greenwood Village, Colorado 80111
Prepared by:
,1c- 00
,: ' ,
Bowers & Krager, Inc.
899 Logan Street, Suite 210 {" 27219
Denver, Colorado 80203 (1\, o _.. ,J
(303) 446-2626Ff -\ss;t4'
0193shm.wps k‘+.„1.,
Introduction
This traffic study has been conducted to identify traffic operation, safety, and roadway
improvement issues resulting from the proposed operation of the Platte Trust
Annexation Mine (The Mine).
The Platte Trust Annexation Mine is a proposed gravel operation located on property
to be annexed to the Town of Milliken. The site location is shown in Figure 1.
The gravel operation is expected to extract 600,000 tons of material per year. Based
on the estimate of available resource at this site, the area could produce material for
the next 100 years.
Project History
A proposal for this gravel operation was submitted to Weld County in the spring of
2001. The Weld County Public Works Department reviewed a traffic impact study at
that time submitted by Eugene Cappola, PE. Based on their review, County Staff at
that time approved two haul routes for The Mine: South on CR 23, west on CR 32.5,
and south on CR 21 to SH 66; and, East on CR 36 to SH 85. The proposed
operation, which included gravel mining, a concrete batch plant, an asphalt plant and
a recycling center, was estimated to generate an average of 198 trips per day.
County Staff concluded that highway capacity was not an issue with the project. They
also concluded that, with appropriate improvements, the haul routes were acceptable
from safety and maintenance perspectives. Public comment on the haul routes
indicated community concerns over the high accident rates along SH 66, and the
skew intersection design at CR 36 and SH 85.
The Weld County Commissioners denied the zoning request.
Project Overview
Application for annexation and zoning is being made to the Town of Milliken for The
Mine. As with the previous application, the mine is expected to generate 600,000
tons of gravel per year. The mine is expected to reach this level of production in two
to three years. The application being considered by the Town of Milliken does not
include any auxiliary uses, such as a batch plant, to the gravel operations .
2
Trip Generation
The mine site will generate two types of daily trips: standard vehicle trips generated
by employees and deliveries, and gravel truck trips.
The mine is anticipating using ten employees per day, who will remain on-site.
According to the Institute of Transportation Engineers survey of light industrial land
uses, the site will generate three trips per employee. Therefore, the standard
vehicular trips are estimated to be 30 trips per day for the site.
The number of gravel trucks visiting the site per day depends on the amount of
material the mine produces during peak days. The following assumptions were
used to calculate the truck estimate:
• 600,000 tons of gravel per year
• 6 work days per week
• 10 holidays per year
• 10 weather related closures per year
• 292 work days per year
• 25% seasonal adjustment
• peak day production = 2,568.5 tons
• 25-ton hauling capacity trucks
• 103 truck loads per peak day
• 206 daily trips
Based on these assumptions, the peak production (summer months) can be expected
to generate 206 truck trips per day.
The total trip generation for the site during peak periods will be 236 trips per day. It is
anticipated that approximately 80 percent of the material leaving the site will be
destined for the Denver metro area. The remaining 20 percent of the traffic will travel
north of the site.
Recommended Haul Route
The haul routes previously approved by County Staff were reviewed, as were the
public comments regarding these routes. Based on this information, the previous
southern haul route has been eliminated completely and the northern haul route has
been replaced. The changes in the haul routes were made to address community
concerns and to provide increased roadway safety. The remaining proposed haul
route is shown in Figure 2.
3
The proposed haul route will use County
This e route has been selected over Road 38 eastbound and 85. CR 36 to avoid the skewed t intersection o of CR 36
and SHat Two SH 60 provides access to SH 85Highway 60.
and a Rivers Parkway to the north. at both r the south terminus of SH 60
acceleration/deceleration lanes, and the roadways
intersections tters have85 been improved
degrees.
intersect SH 85 at 90
CR 38 is a two-lane
to avoid air gravel rural road. The road will need to be chemicall
y stabilized
quality problems due to the increased truck traffic. There are
approximately seven homes located alon
There is also a 9 CR 38.
cross-section restriction on CR 38 at an irrigation ditch east of CR
25.5. This area will require widening to a standard two-lane cross section.
The increase in traffic on
the er of CR CR 38 will re
tCDOT . 38 and SH 60 fromf require
the Colorado
l new access permit be obtained for
of the Improvements to the intersection may
Department Partment of Transportation
be required by CDOT as a condition
The haul route terminus at SH 60 provides good regional access via S
Roadwa H 85.
Y Maintenance
The use of county roads b tear by over 200 gravel trucks
per day teo enier the into on roadways. To compensate for this increased use,will the applicant the wear andto a going maintenance agreements with
9nizes that the increased use of the Weld will need
recognizes in stn proposed haul route will requiirre future
improvements
ation ton address tag dust Those improvements culvert work, andapplicant
p ovements will a include such things
al
should be based on a fair share basis.
ip be an from The pavingne by . The agreements ice
Mine with annual traffic counts along the haul
the haul
9outteal annual
Hours of Gravel Hauling
To limit impacts to the The hours o atc community residents, hours of to d proposedsk o April 6:30 AM to 6:00 PM from October
hauling will 15, and limited.
15 to October 15. October 15 to April
p dawn
4
Conclusions
The Platte Trust Annexation Mine is expected to generate 236 daily trips during the
peak construction season. Included in this estimate are 206 gravel truck trips per day
(103 loads of gravel).
The proposed haul route for the gravel trucks is CR 38 to SH 60. The haul route will
provide good access to regional facilities, with minimal impact to local communities.
CR 38 will need chemical stabilization and widening at an irrigation ditch crossing.
The Colorado Department of Transportation may require intersection improvements
at the intersection of SH 60 and CR 38.
Roadway maintenance agreements should be entered into with Weld County to
provide a fair share cost assessment of increased maintenance costs due to the
increase in heavy truck traffic.
Hours of gravel hauling will be limited to reduce community impacts.
Roadway capacity is not an issue with this project. Adequate capacity is available on
the haul route to accommodate the increase in traffic.
5
Hello