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Home My WebLink About20022663.tiff ICENOGLE, NORTON, SMITH, T.Edward Icenogle BLIESZNER & MILLER Jennifer L.Gruber Charles E. Norton A Professional Corporation Kristin A. Decker Erin M.Smith Attorneys at Law Philip G.Volpi Edward J.Blieszner 821 17th Street, Suite 600 John Goutell Dianne D. Miller Denver,Colorado 80202-3040 Sara Wagers-Johnson Telephone(303)292-6400 Alan D.Pogue Facsimile(303)292-6401 INS@lnspc.com September 20, 2002 Weld County Board of County Commissioners 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 RE: Inclusion of Property within the Boundaries of Bromley Park Metropolitan District No. 2 Dear Commissioners: On September 17, 2002, the Board of Directors of Bromley Park Metropolitan District No. 2 (the "District") received a petition for the inclusion of certain property (the "Elkhart Property") into the District. The property is owned by and the petition was made by Elkhart, LLC. The Elkhart Property is in Weld County and is located north of and adjacent to the existing boundaries of the Bromley Park Metropolitan District No. 2. The Elkhart Property is also within the boundaries of the City of Brighton, having been annexed into Brighton several years ago. All of the property currently in the District is also in the City of Brighton, although the District was originally organized in unincorporated Adams County nearly twenty years ago. A copy of the petition for inclusion is enclosed. Also enclosed is a notice required under §32-1- 207, Colorado Revised Statutes, regarding this inclusion. Pursuant to C.R.S. §32-1-207, [T]he inclusion of property which is located in a county with no other territory within the special district may constitute a material modification of the service plan. In the event that a special district changes its boundaries to include territory located in a county with no other territory within the special district, the special district shall notify the board of county commissioners of such county of such inclusion. The board of county commissioners may review such inclusion and, if it determines that the inclusion constitutes a material modification, may require the governing body of the special district to file a modification of its service plan. Since both the District and the Elkhart Property are located in the City of Brighton, the City of Brighton will be providing water and sanitary sewer services to the Elkhart Property with all water and sewer lines to be constructed by the District. The District also has the capability to provide the Elkhart Property with all other necessary public improvements, including streets, 5/2O/O(o (mete./ &2;x,„44 7)� u t 2002-2663 ��"f /951 /A9 {) (L191) Weld County Board of County Commissioners RE: Inclusion of Property within the Boundaries of Bromley Park Metropolitan District#2 September 20, 2002 Page 2 storm drainage and park and recreation facilities and improvements. Due to its proximity to the District, the Elkhart Property will be developed as part of the District and all aspects of the development of the Elkhart Property will be consistent with the District's standards. For these reasons, we believe that such inclusion should not constitute a material modification of the District's service plan. Elkhart, LLC, the property owner originally purchased 135 acres of land for their project. Elkhart, LLC worked extensively with neighboring homeowners and obtained their support for Rural Estate zoning, which was completed with the City of Brighton in 2001. Rural Estate zoning requires minimum lot sizes of 20,000 square-feet. The final design will include 131 lots on 118 acres with abundant parks and open space, including a 17-acre open space buffer which has already been conveyed to the City of Brighton. The Board of Directors of the District anticipates that it will hold a public hearing on the petition for inclusion on October 22, 2002. We would appreciate your response prior to that meeting, if possible. Thank you for your assistance. Please feel free to contact me with any questions. Very truly yours, ICENOGLE,NORTON, SMITH, BLIESZNER& MILLER A Professional Corporation Dianne D. Miller cc: Bruce Barker, County Attorney BPMD2/Lvs Id1330 0017 0903 STATE OF COLORADO, COUNTY OF WELD NOTICE OF INCLUSION OF PROPERTY SITUATE IN WELD COUNTY IN RE BROMLEY PARK METROPOLITAN DISTRICT NO. 2, ADAMS COUNTY, COLORADO TO THE BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO NOTICE IS HEREBY GIVEN that there has been filed with Bromley Park Metropolitan District No. 2 (the "District"), Adams County, Colorado; a petition for inclusion of property into the District. The property to be included lies entirely within the boundaries of the City of Brighton and Weld County, Colorado. A legal description of the property is attached hereto as Exhibit A (the "Property"). The owner of the property is Elkhart, LLC, a Colorado limited liability company, whose address is 9145 E. Kenyon Ave., #200, Denver, CO 80237. The District was organized on April 23, 1985, in the Adams County District Court, 85CV0286. The purpose of the District is to construct, acquire, finance and maintain public improvements for the use and benefit of District residents and taxpayers. The improvements shall include streets and safety controls, landscaping, water, sewer, storm drainage, television relay, and park and recreation improvements and facilities. The District has all of the powers of a metropolitan district described in §§ 32-1-1001 and 1004, C.R.S., except that the District does not provide fire protection or emergency medical services or facilities. The Property is within the incorporated boundaries of the City of Brighton and is adjacent to and north of the existing boundaries of the District. The Property is also within the County of Weld and, if included, will be the first property in the District that will lie within the County of Weld. The Property is being developed in conjunction with other property already within the boundaries of the District and the Property will be connected to and benefit from public infrastructure provided by the District. Pursuant to § 32-1-207(2), C.R.S., as amended, that the inclusion of property which is located in a county with no other territory within the special district may constitute a material modification of the service plan. In the event that a special district changes its boundaries to include territory located in a county with no other territory within the special district, the special district shall notify the board of county commissioners of such county of such inclusion. The board of county commissioners may review such inclusion and, if it determines that the inclusion constitutes a material modification, may require the governing body of the special district to file a modification of its service plan. THIS NOTICE GIVEN BY ORDER OF THE BOARD OF DIRECTORS OF BROMLEY PARK METROPOLITAN DISTRICT NO. 2. H ry Deutsch, President EXHIBIT LEGAL DESCRIPTION: SHEET 1 OF 3 A PARCEL OF LAND BEING A PART OF LOT B OF RECORDED EXEMPTION NO. 1471-34-4-RE870, TOGETHER WITH A PART OF THE SOUTHEAST QUARTER OF SECTION 34, SAID PARCEL BEING LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN AND CONSIDERING THE SOUTH LINE OF SAID SOUTHEA$T QUARTER OF SECTION 34 TO BEAR NORTH 89'51'14" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'51'14" EAST ALONG SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 37.55 FEET; THENCE NORTH 00'02'17" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF BASELINE ROAD AND THE WESTERLY LINE OF SAID LOT B OF RECORDED EXEMPTION NO. 1471-34-4-RE870, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT B THE FOLLOWING THREE (3) COURSES; 1) THENCE NORTH 00'02'17" EAST PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 1966.97 FEET; 2) THENCE SOUTH 89'42'32" WEST PARALLEL WITH THE NORTH LINE OF SAID • SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 301.38 FEET; 3) THENCE NORTH 00'02'17" EAST PARALLEL WITH SAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 645.54 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE NORTH 89'42'32" EAST ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 2488.45 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 34; THENCE SOUTH 0015'57" EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 1149.95 FEET; P:\2186\2166ALTA.Dwc SHEET 1 OF 3 PREPARED 8/19/02 p1:2la Carroll & Lange F. EXHIBIT Pnlessionel Engineers B Land Surveyors --- ® 165 South d.Union do a022a 156 (303)980-o220o Colorado 80228 PAGE ___ OF ___ EXHIBIT LEGAL DESCRIPTION CONT. SHEET 2 OF 3 THENCE SOUTH 89'51'14" WEST PARALLEL. WITH SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 507.49 FEET; . THENCE SOUTH 00'11'14" EAST A DISTANCE OF 1468.08 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF BASELINE ROAD; THENCE SOUTH 89'51'14" WEST ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 182.44 FEET TO A POINT ON THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 02095602 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; • THENCE ALONG THE BOUNDARY OF SAID PARCEL THE FOLLOWING THREE (3) COURSES; 1) THENCE NORTH 00'08'46". WEST A DISTANCE OF 260.04 FEET; 2) THENCE SOUTH 89'51'14" WEST A DISTANCE OF 150.00 FEET; 3) THENCE SOUTH 00'08'46" EAST A DISTANCE OF 260.04 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF BASELINE ROAD; THENCE SOUTH 89'51'14" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF BASELINE ROAD A DISTANCE OF 1358.98 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BRIGHTON, STATE OF COLORADO, BY DEED RECORDED JANUARY 4, 2002, AT RECEPTION NO. 2914217; SAID PARCEL CONTAINING AN AREA OF 118.16 ACRES, MORE OR LESS. I, THOMAS D ; ��KF'�Re� U2VEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CE • t ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY T SUP �F N AND CHECKING. . 74i;• 25965 • 4/z THOMAS D.'':S, 'o,grjzi.tp 965 DATE FOR AND ON"8 .fAt. '" CARROLL 8c LANtE :INC: • P:\2166\2166ALTA.DOC. SHEET 2 CE 3 PREPARED 8/19/02 • ®l� Carroll & Lange = EXHIBIT ___ Professional Engineers d land Surveyors Las Swood.Union Bldo 8., 28 156 -- -- (303)80-0200 Colorado 80228 PAGE _ OF _ EXHIBIT -cm....=1/'>aa. SHEET 3 OF 3 MIS 11aM 4l Cl.^11Mii Oar MNLMW rh CC Y 42-111 24314 WC ICON INC^ft 30,5 11 W. lefl �. '3W Ii-OW=v WOW.3' N6gYY3YE 2480.43'(M) I I IB I I . I emunr7 yy�I j� (W IlI k I i I 589YYJYW _® I AREA d CONCERN..... �' 'Y a^17.'44 1 301.38'(91) ��ia^iw In 4-1�' a s6a50nY'a II 0r'^'a'.omm"c s4 a 331.31C 00_ _, I I I' Ai I *I SCALE: 1'=500' II O X . � 56gs•u'W 507.491 9 C° "-I� q $it l In^ •KC NO.a 11 1 rl i 1 ii OMg� CONTAINS a Liu nl : w 118.16 ACRES± ►,I, ,,14 a a 3°17 3�Orr Cr WICHICo WC 19.WW1 I � a 8 LOT A g$ PD RECORDED • 8 EXEMPTION N0.C PI g 11471-34-4-RE870 n I KCO x17 03Ws602 sr^:4i73 A0 a s[C CCTNI• 500131'32[ I 'U'n� wssasJY 39S0.'(11) 81'-a..^'A 150.00'(6) NOOOS'46'W ® 5691114N 260.0'(M) I WELD COUNTY ai:a`rsi 50'ar(N) +_ayy„__, 30•:•r-C:m..,I )'- A CO y X:iC'd am ueanlu» 01417.^ao.nw 2 .2g �/ ---- a.;."..: ':i �;ta:cwl 1514117 dr:rew Y P ty—F am 7 - —al- IC:it 1386.8[(4� �`?-f4 '�_ i r - 4 -1.1.30 ZLi:c .. _. '�/:�,-`r / I COINING �xs^m vavne wusasl an.a x'1 r.,.. 'r4a:.J ra^o man'mart manna a..maxrnw s. ri'_+1 �' s[e 1 nA ns! • 589�1'14^M .^aria me r rw sY PO.X Ku.Ca an 2 WY'1..' BASELINE ROAD 18244' a60p •tint In v man WNW in v la.A C ti m= (A.K.A WELD COUNTY ROAD 2) 'Cc'441.7K.^ ADAMS COUNTY • — it:DICATES A CHANGE IN COURSE ONLY. THIS EYH!B T DOES NOT REPRESENT A MONUMENTED SURVEY. IT ".TENDED ONLY TO DEPICT THE ATTACHED LEGAL DESCRIPTION. P:\2166\2156ALTA.owc, SHEET 3 or 3 PREPARED 8/19/02 er Carroll 5L Lange= EXHIBIT ___ Professional Engineers 6 Land Surveyors ®Id L65 akwoot.Union Blvd.,8.,sane 156 - -- Lakewood.ColoradoPAGE _ _ OF PETITION FOR INCLUSION OF PROPERTY TO: BROMLEY PARK METROPOLITAN DISTRICT NO. 2 CITY OF BRIGHTON, COUNTY OF ADAMS, STATE OF COLORADO The undersigned, Elkhart, LLC, a Colorado limited liability company, hereby respectfully petitions the Board of Directors of the Bromley Park Metropolitan District No. 2 (the "District") for inclusion of the property described in Exhibit A, attached hereto and incorporated herein by this reference (the -'Property"), within the boundaries of the District. The undersigned hereby petitions that the Property be included within the District and that an Order be entered in the District Court, County of Adams, State of Colorado, including the Property within the District, and that from and after the entry of the inclusion Order, the Property shall be liable for assessments or other obligations of the District. The undersigned represents to the District that it is the owner of the Property and that no other person, persons, entity or entities own any interest in the Property. The Property to be included, all of which lies in the City of Brighton, County of Weld, State of Colorado, is fully described in Exhibit A. ELKHART, L Colora im ted liabilit company By: Its: 4 STAT OF COLORADO COUN OF ufn ) The forego1 g instrument was acknowledged before me this 17°i day of September 2002,by IACtn eiA E ,�a-ksck as mar r of Elkhart, LLC, a Colorado limited lia lity company. 'fitness my hand and official seal. 4:O÷7 .O1-A' 0 My Commission Expires �d ÷ Rf, tmission expires: Alma'c 2f03 i (SEAL) `+tt N •A AGB, yO:�pO Notary Pub ht `� FOF CO-' EXHIBIT A Legal Description of the Property to be Included EXHIBIT LEGAL DESCRIPTION: SHEET 1 OF 3 A PARCEL OF LAND BEING A PART OF LOT B OF RECORDED EXEMPTION NO. 1471-34-4-RE870, TOGETHER WITH A PART OF THE SOUTHEAST QUARTER OF SECTION 34, SAID PARCEL BEING LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 3, TOWNSHIP 1 SOUTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN AND CONSIDERING THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 34 TO BEAR NORTH 89'51'14" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 89'51'14" EAST ALONG SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 37.55 FEET; THENCE NORTH 00'02'17" EAST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF BASELINE ROAD AND THE WESTERLY LINE OF SAID LOT B OF RECORDED EXEMPTION NO. 1471-34-4-RE870, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT B THE FOLLOWING THREE (3) COURSES; 1) THENCE NORTH 00'02'17" EAST PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 1966.97 FEET; 2) THENCE SOUTH 89'42'32" WEST PARALLEL WITH THE NORTH LINE OF SAID • SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 301.38 FEET; 3) THENCE NORTH 00'02'17" EAST PARALLEL WITH SAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 645.54 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34; THENCE NORTH 89'42'32" EAST ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 2488.45 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 34; THENCE SOUTH 00'15'57" EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 1149.95 FEET; P;\2166\2166ALTA.DWG, SHEET 1 OF 3 PREPARED 8/19/02 ®® Carroll & Lange? EXHIBIT Prnlessionsl Engineers&Land Soneyors k1/4..1 165 L66Soot,Coiord0Blvd.28 186 t oa))998'0-09200 Colorado 80228 PAGE ___ OF ___ EXHIBIT LEGAL DESCRIPTION CONT. SHEET 2 OF 3 THENCE SOUTH 89'51'14" WEST PARALLEL. WITH SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34 A DISTANCE OF 507.49 FEET; THENCE SOUTH 00'11'14" EAST A DISTANCE OF 1468.08 FEET TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE OF BASELINE ROAD; THENCE SOUTH 89'51'14" WEST ALONG SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 182.44 FEET TO A POINT ON THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 02095602 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER; • THENCE ALONG THE BOUNDARY OF SAID PARCEL THE FOLLOWING THREE (3) COURSES; 1) THENCE NORTH 00'08'46" WEST A DISTANCE OF 260.04 FEET; 2) THENCE SOUTH 89'51'14" WEST A DISTANCE OF 150.00 FEET; 3) THENCE SOUTH 00'08'46" EAST A DISTANCE OF 260.04 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF BASELINE ROAD; THENCE SOUTH 89'51'14" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF BASELINE ROAD A DISTANCE OF 1358.98 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BRIGHTON, STATE OF COLORADO, BY DEED RECORDED JANUARY 4, 2002, AT RECEPTION NO. 2914217; SAID PARCEL CONTAINING AN AREA OF 118.16 ACRES, MORE OR LESS. I, THOMAS D VektilifaXi tVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CE 'k&? ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY SUP FAN AND CHECKING. 8-/9-oz_ 71 25965 • • *a_ THOMAS D.'' .Pialle 65 DATE FOR AND ON" 4441.4"..., t CARROLL & LAN%E, P:\2166\2166AETA.OWG. SHEET 2 GE 3 PREPARED 8/19/02 em Carroll & Lange • EXHIBIT Professional Engineers&Land Surveyors --- \I® 165 South Union Blvd,Suite 156 Colorado 80228 (303)960-0200 PAGE ___ OF ___ EXHIBIT N.ark>-E_r = n� SHEET 3 OF 3 NC PCPDX 1311130irC µu.VP n gvi nq.E 4w.MC I/4 3[c Y 1.0411n N31.S u 3x33 INC Nsr:.V6 a AC vmCA33 I nom "-MAIM CS=ION 34 N69Y2'3YE 2460.45' (M) I IF? 69Aun39 N I IX 481) I I 589'42'32'W _® AREAet=CM 1 .r a.nut I JO1.JC(Y) ,a eani:wo eaa— a S81soorw PR NM 3©MI SO 301.3'(R) I 3v I I Xi iI SCALE: V=500' I I O FI 56931'14'W s07.49' 61 % 1 E nr. i- t(,... YI CSI .w.rvaua SPUN( 4I II. Ili Pa. KC NO 2•653.• 1 2 %� ^S CONTAINS ® !I ygig1 n w 118.16 ACRES± X1 aA �1 x 1` 36 KC w nun I ;:ai YI p 3 A I LOT A 5p RECORDED Y 8 — EXEMPTION NO. Iri 11471-34-4—RE870 I 1 NO.02095.102SEE I I 22 I SEE COAL A i b Sr ae%® SWO4IYC 9 I gcacq a N893a'3J'C 390.W'(a) 'A -tOI.0 150.00'P) N00178'46Y1 I 5893114"W260.01'(M) a I WELD COUNTY �:ws.T 50.00'(M) .max nw 3e'.I.r!_,awnl ® oeac+O!ram �i 25`r I I NM w.3wn sw≥w ,.34:434,-041 Yg 9� .„ .e ≥; 43•4137 aun qc xa YN 30 .1--. —j(Cial- - i7:rri3°°:— -' 56931'1CW 1350.9p(MT "w rd '� II i • L 3e3 34j I QPINNE'S — lath re — — — »1INIT4C2113.NS- - xn�1.Y AWN LOC Of 1143 tal1141431 Pw.4Y4rnw a. / cap .;. ��r�: car 3.3r BASEUNE ROAD 6931'ts'W .A or na.LL.&Cu air atea Item l2 WAWA. (A.K.A. MELD COUNTY ROAD 2) 162N' .0�e.n 3wa ep na.e.n ws".3 n.w.e.in ADAMS COUNTY • — INDICATES A CHANGE IN COURSE ONLY. THIS EY-I:BIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT 1S ".TENDED ONLY TO DEPICT THE ATTACHED LEGAL DESCRIPTION. P:\2166\2156ALTA.DWc. SHEET 3 CI 3 PREPARED 8/19/02 ®iNN Carroll & Lange = EXHIBIT ___ Professional Engineers&Land Surveyors 165 �'® Lakewood.South Union BlvColorado Suite 156 — --- (303)980-0200a0o80228 PAGE _ _ OF Hello