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Home My WebLink About20050704.tiff ,1/4O H06 Milliken Town Ball, 1101 Broad St., Drawer 290 • Milliken, CO 80543 • (970) 587-4331 • (970) 587-2678 Fax February 18, 2005 Clerk to the Board—Weld County Commissioners P.O. Box 758 Greeley, CO 80632 Dear Sir or Madam, Attached is a copy of the Resolution and Annexation concerning the Bernhardt Annexation#'s I, 2, 3, 4, 5, 6, and 7. The legal description is as follows: a parcel of land being part of Lot One (1) of the Northeast Quarter(NE '/a) of Section One (1), Township Four North (T4N), Range Sixty-seven West (R67W) of the Sixth Principal Meridian 6thP.M.), County of Weld, State of Colorado. If you have any questions or concerns please feel free to contact Danna Ortiz, Town Planner, at(303) 833-1416, extension 3#. Thank you, Jessi Day Acting Town Clerk 2 / --2-4?- 020e5 06: 674 SS AL 2005-0704 RESOLUTION NO. 05-05 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 February 9, 2005, the annexation petition for Bernhardt Annexation #1 was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31 -12- 107(1 )(f), C.R.S. The location of the property is described 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(1 )(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31 -12-108(1), C.R.S., the Board of Trustees hereby sets the date for the hearing on the annexation petition for March 23, 2005, at 7:00 P.M. in the Town of Milliken Community Room located at 1 101 Broad Street, Milliken, Colorado. Notice of this hearing is to be published. 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. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing this property. This resolution was passed by a vote of \ in favor and opposed at the meeting of the Board of Trustees on February 9, 2005. ATTEST: TOWN OF MILLIKEN: Nanette Fornof - Town Clerk Linda Measner - Mayor TOWN OF MILLIKEN RECEIVED P.O. BOX 290 MILLIKEN CO 80543 FEB 0 7 2005 TOWN OF MIWKEN PETITION FOR ANNEXATION We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Bernhardt Annexation #1", and affirm the following to be true and correct as of February 1, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. Page 1 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement(approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners agree to convey to the Town, all water rights necessary for development and all irrigation water rights and associated carrying rights and groundwater rights associated with the property and if necessary for development, and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related hereto paid in full, unless the Town in writing rejects any or all such water rights. Water rights may be conveyed on a pro-rata basis as building permits are issued. 17. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs to the extent that this property is a part of the School District. Page 2 The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Bernhardt Annexation #1 Rueben Bernhart Hester Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 Address Address , Signature(s) Signature(s) Date Signed Date Signed �� CS Da �9 STATE OF COLORADO ) ss. CIRCULATOR'S AFFIDAVIT COUNTY OF WELD ) LDt-6Y Q'- ap-Tis , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they urport to be.5-Signature f .r. . Subscribed and sworn to before me this 9th day of -+`-c'L', Lim, :t_ , 2005. J WITNESS my hand and official seal. My Commission expires: '7'31/4C. - , 'D��p�"�`".44.6 l ' Notary ubli6 ; jJ p Page 3 PROPERTY DESCRIPTION Bernhardt Annexation#1 A parcel of land being part of Lot One(I)of the Northeast Quarter(NE 1/4)/4)of Section One(1), Township Four North (T.4N.),Range Sixty-seven West(R.67W.)of the Sixth Principal Meridian (6th P.M.),County of Weld,State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section 1 and assuming the South line of the North Half(NI/2)of said Section I as bearing South 87.44'46"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said Fast Quarter Comer the Northeast Comer of said Section I bears North 00'48'55"West a distance of 2721.81 feet: THENCE South 87'44'46"West along the South line of said NI/2 a distance of30.01 feet to the intersection with the Westerly Right-Of-Way(ROW)line of Weld County Road#25(WCR#25) and being a point Thirty feet(30')Westerly of as measured at right angles to the East line of said Lot 1. Said point being the TRUE POINT OF BEGINNING: THENCE continuing South 87'44'46"West along said South line a distance of 20.01 feet; THENCE North 00'48'55"West a distance of 22.85 feet; THENCE North 89.1 1'05"East a distance of 5.00 feet; THENCE South 00'48'55"East a distance of 17.35 feet; THENCE North 89'11'05"East a distance of 10.00 feet; THENCE North 0W48'55"West a distance of 17.35 feet; THENCE North 89'11'05"East a distance of 5.00 feet to the Westerly ROW line of said WCR#25. Said point being 30'Westerly of as measured at right angles to the East line of said Lot 1; THENCE South 00'48'55"East along said Westerly ROW line and being a line 30'Westerly of as measured at right angles to and parallel with the East line of said Lot 1 a distance of 22.35 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 279 Square Feet,more or less(±)(0.006 Acres,more or less(Az))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT 1,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. .��op RE . i• Charles B.Jo.'-s-AI-behalf.f'= U 22 t r" y S i eyors,Inc. i ZZ Ate: Colorado Regi 'ci eSl�Prgf' Sad J `r Land Surveyor #220 oh D_ KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)686-5011 Project Number: 2004335A (January 28,2005) (File: N,:1?004335,a11eeals-annexations\annex l-al.wpd) RESOLUTION NO. 05-06 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 February 9, 2005, the annexation petition for Bernhardt Annexation #2 was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12- 107(1)(f), C.R.S. The location of the property is described 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(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31-12-1 08(1), C.R.S., the Board of Trustees hereby sets the date for the hearing on the annexation petition for March 23, 2005, at 7:00 P.M. in the Town of Milliken Community Room located at 1101 Broad Street, Milliken, Colorado. Notice of this hearing is to be published. 4. The purpose of this hearing shall be to determine whether the 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. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing 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 February 9, 2005. ATTEST: TOWN OF MILLIKEN: Nanette Fornof - Town Clerk Linda Measne Mr TOWN OF MILLIKEN P.O. BOX 290 RECEIVED MILLIKEN CO 80543 FEB r 7 2 rov./N OF MIWKEN PETITION FOR ANNEXATION We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Bernhardt Annexation 2", and affirm the following to be true and correct as of February 1, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six(6) weeks prior to the hearing. Page 1 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners agree to convey to the Town, all water rights necessary for development and all irrigation water rights and associated carrying rights and groundwater rights associated with the property and if necessary for development, and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related hereto paid in full, unless the Town in writing rejects any or all such water rights. Water rights may be conveyed on a pro-rata basis as building permits are issued. 17. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs to the extent that this property is a part of the School District. Page 2 The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Bernhardt Annexation#2 Rueben Bernhart Hester Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 Address Addres • � �L (lU. L. r.&;:,rLL.44 � r�d (�/ Z.-#-11,Ad.-1A*( Signature(s) Signature(s) .J -3—G5 . 2.- 3 -D Date Signed Date Signed STATE OF COLORADO ) ss. CIRCULATOR'S AFFIDAVIT COUNTY OF WELD ) mac' A . COR-T15 , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. 441 . Signature Subscribed and sworn to before me this `1Th day of F?k'tucx ',d , 2005. WITNESS my hand and official seal. ‘PRY P My Commission expires: )(31)0 C * -Nzt 2{� FTINIFER ,, Not Publi ter'. OF CO`' Page 3 PROPERTY DESCRIPTION Bernhardt Annexation#2 A parcel of land being part of Lot One(1)of the Northeast Township Four North(T.4N.),Range Sixty-seven West(R.67W.) f the Sixth Principal Meridian e i, P.M.),County of Weld,State of Colorado andu of the Sixth d fo (6th being more partienlarly described as follows: BEGINNING at the East Quarter Corner of said Section I and assuming the South line of the North Half (N1/2)of said Section' as bearing South 87'44'46"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East of said Section 1 bears North 00'48'55"West aQuarter Cotner the ��Corner distance of 2721.81 feet THENCE South 87'44'46"West along the South line of said NI/2 a distance of 30.01 feet to the intersection with the Westerly Right-Of-Way(ROW)line of Weld being a point Thirty feet(30')Westerly of asangles to the County Road s in (WCR#Lot 5t and • THENCE North 00'48'55"West along said Westerly ROW right ine and bang a line 30'Wm�errlly of as measured at right angles to and parallel with the East line of said Lot I a distance of 2235 feet to the TRUE POINT OF BEGINNING: THENCE South 89'11'05"West a distance of 5.00 feet; THENCE South 00'48'55"East distance of 1735 feet; THENCE South 89'I I'05"West a distance of 10.00 feet; THENCE North 00'48'55" West a distance of 1735 feet THENCE South 89'1 1'05"West a distance of 5.00 feet; THENCE North 00'48'55"West a distance of 6830 feet THENCE North 89.11'05"East a distance of 5.00 feet; THENCE South 00'48'55"East a distance of 58.30 feet; THENCE North 89'1 1'05"East a distance of 10.00 feet THENCE North 00'48'55"West a distance of 58.30 feet; THENCE North 89'11'05"East a distance of 5.00 feet to the Westerly ROW line of said WCR#25 and being a point 30'Westerly of as measured at right angles to the East line of said Lot I; THENCE South 00'48'55"East along said Westerly ROW line and being a line 30'Westerly of as measured at right angles to and parallel with the East line said Lot I a distance of68.30 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 957 Square Feet,more or less 4)(0.022 Acres,more or less(±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT 1,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. 0% 0 RECi• Charles B.Jon.,-orf hat(if in:'. rv. ors,Inc. TT in- a Colorado Regist-: efes: al,.•', ..j d ' Land Surveyor #220': KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 Project Number: 2004335A (January 28,?005) (hie: M.)2004335A'Iegals-annexa;ions'2nnex2-a iwej RESOLUTION NO. 05-07 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 February 9, 2005, the annexation petition for Bernhardt Annexation #3 was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31 -12- 107(1)(f), C.R.S. The location of the property is described 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(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31 -12-108(1), C.R.S., the Board of Trustees hereby sets the date for the hearing on the annexation petition for March 23, 2005, at 7:00 P.M. in the Town of Milliken Community Room located at 1101 Broad Street, Milliken, Colorado. Notice of this hearing is to be published. 4. The purpose of this hearing shall be to determine whether the 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. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing 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 February 9, 2005. ATTEST: TOWN OF MILLIKEN: //lea 4-elf'A Nanette Fornof - Town Clerk Linda Measner - Mayor TOWN OF MILLIKEN P.O. BOX 290 RECEIVED MILLIKEN CO 80543 REP n 2005 r0WN OF MILLIKEN PETITION FOR ANNEXATION We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Bernhardt Annexation #3", and affirm the following to be true and coned as of February 1 , 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1 . Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six(6) weeks prior to the hearing. Page 1 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners agree to convey to the Town, all water rights necessary for development and all irrigation water rights and associated carrying rights and groundwater rights associated with the property and if necessary for development, and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related hereto paid in full, unless the Town in writing rejects any or all such water rights. Water rights may be conveyed on a pro-rata basis as building permits are issued. 17. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs to the extent that this property is a part of the School District. Page 2 The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Bernhardt Annexation #3 Rueben Bernhart Hester Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 Addre s Addresg r Wit.ale/7, :/t-w-r+ato-i' " Signature(s) Signature(s) �— 3 -6S Date Signed Date Signed STATE OF COLORADO COUNTY OF WELD el.- ) ss. CIRCULATOR'S AFFIDAVIT t ,. ) F'C° Lc( A ' utigris , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature _ Subscribed and sworn to before me this it Hi day of -fr h(LAG,.-7 , 2005. WITNESS my hand and official seal. My Commission expires: `7/3i f 7-0C;;< plWRY /11/9 v C*5N- t • Notary u Page 3 PROPERTY DESCRIPTION . Bernhardt Annexation#3 A parcel of land being part of Lot One(I)of the Northeast Township Four North(TAN.), Range Sixty-seven 67W joter the Sixth Principal l e Meridian ) S Y sevrn West(RG7W.)of Sixth Principal Midi (6th P.M.),County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Comer of said Section l and assuming the South line of the North Half(N1/2)of said Section I as bearing South 8T44'46"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 5216.97 feet with all other bearings contained herein relative thereto From said East Quarter Comer the following corners bear as follows: Northeast Comer of said Section 1 North 00'48'55"West a distance of 2721.81 feet: East Quarter Corner of Section Six(6),Township Four North , (R.66W.) (T.4N.) Range Sixty-six West North 88°54'58"East a distance of 4924.34 feet: THENCE South 87'44'46"West along said South line of said N12 a distance of 30.01 feet to the intersection with the Westerly Right-Of-Way(ROW)line of Weld and being a point Thirty feet(30')Westerly of as County Road East25(WCR#25) ofsai Lot I; measured at right angles to the line of said THENCE North 00'48'55"West along said Westerly ROW line a being a line 30'Westerly of as measured at right angles to and parallel with the East line of said Lot I a distance of 90.65 feet to the TRUE POINT OF BEGINNING: THENCE South 89'11'05"West a distance of 5.00 feet; THENCE South 00'48'55"East a distance of 58.30 feet; THENCE South 89'11'05"West a distance of 10.00 feet; THENCE North 00'48'55"West a distance of 58.30 feet; THENCE South 89'11'05"West a distance of 5.00 feet; THENCE North 00'48'55" West a distance of 154.87 feet to a point Two Hundred and Forty-five feet(245')Northerly of as measured at right angles to the South line of the North Half(N12)of said Section 6; THENCE North 88'54'58"East along a line 245'Northerly of as measured at right angles to and parallel with the South line of said Nl/2 of Section 6 a distance of 35.73 feet; THENCE South 01'05'02" East a distance of 5.00 feet to a point Two Hundred and Forty feet (240')Northerly of as measured at right angles to the South line of the North Half(N1/2)of said Section 6; THENCE South 88'54'58" West along a line 240'Northerly of as measured at right angles to and parallel with the South line of said N12 of Section 6 a distance of 30.75 feet; THENCE South 00'48'55"East a distance of 139.90 feet; THENCE North 89°11'05"East a distance of 10.00 feet; THENCE North 00'48'55'West a distance of 129.94 feet to a point Two Hundred and Thirty feet (230')Northerly of as measured at right angles to the South line of said NI/2 of Section 6; THENCE North 88'54'58"East along a line 230'Northerly of as measured at right angles to and parallel with the South line of said Nl/2 of Section 6 a distance of 20.80 feet; THENCE South 01'05'02"East a distance of 5.00 feet to a point Two Hundred and Twenty-five feet(225')Northerly of as measured at right angles to the South line of said N1/2 of Section 6; THENCE South 88'54'58" West along a line 225'Northerly of as measured at right angles to and parallel with the South line of said N1/2 of Section 6 a distance of 15.82 feet to a point on the Westerly ROW line of said WCR#25. Said point being 30'Westerly of as measured at right angles to the East line of said Lot l; THENCE South 00'48'55"East along said Westerly line and being a line 30'Westerly of as measured at right angles to and parallel with the East line of said Lot I a distance of 134.97 feet to the TRUE POINT OF BEGINNING. Page I oft Property Description(continued) Bernhardt Annexation #3 Said described parcel of land contains 2,390 Square Feet,morn or less(±)(0.055 Acres,more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I,Charles B.Jones,a Colorado Registered Professional Land Surveyor dohembystate that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information belief,and in my professional opinion. zoo REG, Charles B.Jon - . -. half. ,y Su •eyors,Inc. ;0 2 r 9t. ',a; ; Colorado Regist•tt:. ' .fe n a. O0 land Surveyor #220:•�:��' � KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 Project Number: 2004335A (January 28,2005) (File:M:\2004335A legals-annexationslannex3-a I.wpd) • n_,._ RESOLUTION NO. 05-08 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 February 9, 2005, the annexation petition for Bernhardt Annexation #4 was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12- 107(1 )(f), C.R.S. The location of the property is described 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(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31-12-108(1), C.R.S., the Board of Trustees hereby sets the date for the hearing on the annexation petition for March 23, 2005, at 7:00 P.M. in the Town of Milliken Community Room located at 1101 Broad Street, Milliken, Colorado. Notice of this hearing is to be published. 4. The purpose of this hearing shall be to determine whether the 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. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing 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 February 9, 2005. ATTEST: TOWN OF MILLIKEN: .J, 2.4 ritSeaddi Nanette Fornof - Town Clerk Linda Measner - Mayor TOWN OF MILLIKEN RECEIVED P.O. BOX 290 MILLIKEN CO 80543 I-FP f! 7 (ANN OF MILLIKEN PETITION FOR ANNEXATION We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Bernhardt Annexation #4", and affirm the following to be true and correct as of February 1, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. Page 1 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development,and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners agree to convey to the Town, all water rights necessary for development and all irrigation water rights and associated carrying rights and groundwater rights associated with the property and if necessary for development, and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related hereto paid in full, unless the Town in writing rejects any or all such water rights. Water rights may be conveyed on a pro-rata basis as building permits are issued. 17. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs to the extent that this property is a part of the School District. Page 2 The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Bernhardt annexation #4 Rueben Bernhart Hester Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 Address Addr*2 / Signature(s) Signature(s) J'-3-a-5 .,1- j—U Date Signed Date Signed David Bernhart Timothy Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 9� SS D jj e / Address �3 /� __ 1 �� rn�lanlrl `Igna / !T�d�— Signature(s) ignatur s) _---- 2 - 3 - CAS 7— O7 Date Signed Date Signed STATE OF COLORADO ) ) ss. CIRCULATOR'S AFFIDAVIT COUNTY OF WELD ) al A ns , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. 'fit- L�Lc._l�r Signature Subscribed and sworn to before me this q tt^day of -e t-)v-LA arcs , 2005. WITNESS my hand and official seal. My Commission expires: .-7("-3t l j.L r_i- �� .•••''''...."iVi ' Notary 'bilk NK II 151 Page 3 PROPERTY DESCRIPTION Bernhardt Annexation#4 A parcel of land being part of Lot One(I)of the Northeast Quarto(NE I/4)/4)of Sectonn One(I) Township Four North(TAN.),Range Sixty-seven West(R.67W')and pan of Lot One(I)of the Northwest Quarter(NW 1/4)of Section Six(6),Township Four North 4N West(R.66W.),all of the Sixth Principal Meridian(6th P.M.),County of Weld,State Range Sixty-six Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section 1 and assuming the South line of the North Half(N1/2)of said Section I as bearing South 87'4446"West,bang a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 5216.97 feet with all other beatings contained herein relative thereto. From said East Quarter Corner the following corners bear as follows: Northeast Corner of said Section I,also being the Northwest Corer of said Section 6 North 00'48'55"West a distance of 2721.81 feet: East Quarter Corner of said Section 6 North 88'54'58"East a distance of 4924.34 feet: THENCE South 87'44'46"West along the South line of said N1/2 of said Section 1 a distance of 30.01 feet to the intersection with the Westerly Right-Of-Way(ROW)line of Weld County Road #25(WCR#25)and being a point Thirty feet(30') Westerly of as measured at right angles to the East line of Lot 1 of said Section l; THENCE North 00'48'55"West along said Westerly ROW line and being a line 30'Westerly of as measured at right angles to and parallel with the East line of Lot 1 of said Section 1 a distance of 225.62 feet the intersection with the Westerly extension of the North line of that parcel of land as described within that Warranty Deed as recorded January 15, 1971 in Book 639 as Reception Number 1560591 of the records of the Weld County Clerk and Recorder(WCCR),said document hereinafter referred to as Doc#l. Said point being Two Hundred and Twenty-five feet (225')Northerly of as measured at right angles to the South line of the North Half(N1/2)of said Section 6; THENCE North 88'54'58"East along the Westerly extension of the North line of the aforesaid Doc#1 and being along a line 225'Northerly of as measured at right angles to and parallel with the South line of the N1/2 of said Section 6 a distance of 15.82 feet to the TRUE POINT OF BEGINNING: THENCE North 01'05'02"West a distance of 5.00 feet; THENCE South 88'5458"West a distance of 20.80 feet; THENCE South 00'48'55"East a distance of 129.94 feet; THENCE South 89'11'05"West a distance of 10.00 feet; THENCE North 00'48'55"West a distance of 139.90 feet; THENCE North 88'54'58"East a distance of 30.75 feet; THENCE North 01'05'02" West a distance of 5.00 feet; THENCE North 88'54'58"East a distance of 423.91 feet; THENCE South 01'05'02"East a distance of 5.00 feet; THENCE South 88'54'58" West a distance of 413.91 feet; THENCE South 01'05'02"East a distance of 10.00 feet; THENCE North 88'54'58"East a distance of 413.91 feet; THENCE South 01'05'02"East a distance of 5.00 feet to the North line of the aforesaid Doc#1; THENCE South 88'54'58"West along said North line and it's Westerly extension a distance of 423.91 feet to the TRUE POINT OF BEGINNING. Page I of 2 RESOLUTION NO. 05-09 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 February 9, 2005, the annexation petition for Bernhardt Annexation #5 was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12- 107(1)(f), C.R.S. The location of the property is described 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(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31 -12-108(1 ), C.R.S., the Board of Trustees hereby sets the date for the hearing on the annexation petition for March 23, 2005, at 7:00 P.M. in the Town of Milliken Community Room located at 1101 Broad Street, Milliken, Colorado. Notice of this hearing is to be published. 4. The purpose of this hearing shall be to determine whether the area proposed to be annexed meets the applicable requirements of Sections 31 -12- 104 and 31 -1 2-105, C.R.S. and is eligible for annexation. 5. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing 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 February 9, 2005. ATTEST: TOWN OF MILLIKEN: Nanette Fornof - Town Clerk Linda Mea ner - Mayor TOWN OF MILLIKEN P.O. BOX 290 RECEIVED MILLIKEN CO 80543 rowN OF MILUKEN PETITION FOR ANNEXATION We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Bernhardt Annexation #5", and affirm the following to be true and correct as of February 1, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. Page 1 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners agree to convey to the Town, all water rights necessary for development and all irrigation water rights and associated carrying rights and groundwater rights associated with the property and if necessary for development, and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related hereto paid in full, unless the Town in writing rejects any or all such water rights. Water rights may be conveyed on a pro-rata basis as building permits are issued. 17. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs to the extent that this property is a part of the School District. Page 2 The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Bernhardt Annexation #5 Rueben Bernhart Hester Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 AddressGieiLn Address Signature(s) K 7,47€Signature(s) ° ` �. r"� I,' a-3 --a5 cz - 3 _ Date Signed Date Signed David Bernhart Timothy Bernhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 A ress q / Address � �� , Signature(s) .2 _ —C-5- S —,9•--(s) Date Signed Date Signed STATE OF COLORADO ) ss. CIRCULATOR'S AFFIDAVIT COUNTY OF WELD ) Z4D(eY A- Udeirts , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. cajzj 16 Signature rr Subscribed and sworn to before me this 4th day of `7`C -)c0 e; .,-7 4 , 2005. WITNESS my hand and official seal. My Commission expires: r7 J jt 1O,OC C- ��Y Pitt Notary ' is / : 11 y�f ......... �e Page 3 PROPERTY DESCRIPTION Bernhardt Annexation#5 A parcel of land being part of Lot One(I)of the Northeast Quarter(NEI/4)of Section One(1),Township Four North(T.4N.),Range Sixty-seven West(R.67W.)and part of Lot One(1)of the Northwest Quarter(N W1/4)1/4)of Section Six(6),Township Four North (T.4N.), Range Sixty-six West(R.66W.),all of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section I and assuming the South line of the North Half(N1/2) of said Section I as bearing South 87'44'46"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92, a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the following comas bear as follows: Northeast Corner of said Section I,also being the Northwest Corner of said Section 6 North 00'48'55" West a distance of 2721.81 feet: East Quarter Corner of said Section 6 North 88'54'58" East a distance of 4924.34 feet: THENCE North 00'48'55" West along the East line of Lot 1 of said Section I a distance of 225.00 feet to the most Westerly and Northerly corner of that parcel of land as described within that Warranty Deed as recorded January 15, 1971 in Book 639 as Reception Number 1560591 of the records of the Weld County Clerk and Recorder (WCCR),said document hereinafter referred to as Doc#I. Said point being Two Hundred and Twenty-five feet(225') Northerly of as measured at right angles to the South line of the North Half(N1/2)of said Section 6; THENCE North 88'54'58"East along the Northerly line of the aforesaid Doc#1 and being along a line 225'Northerly of as measured at right angles to and parallel with the South line of the N 1/2 of said Section 6 a distance of 409.73 feet to the TRUE POINT OF BEGINNING: THENCE North 01'05'02"West a distance of 5.00 feet; THENCE South 88'54'58"West a distance of413.91 feet; THENCE North 01'05'02"West a distance of 10.00 feet; THENCE North 88'54'58"East a distance of413.91 feet; THENCE North 01'05'02"West a distance of 5.00 feet; THENCE North 88'54'58"East a distance of 1058.82 feet; THENCE South 01'05'02" East a distance of 5.00 feet; THENCE South 88'54'58" West a distance of 1048.82 feet; THENCE South 01'05'02" East a distance of 10.00 feet; THENCE North 88'54'58" East a distance of 1048.82 feet; THENCE South 01'05'02"East a distance of 5.00 feet to a point on the North line of the aforesaid Doc#I and being a point 225'Northerly of as measured at right angles to the South line of the N I/2 of said Section 6; THENCE South 88'54'58"West along said Northerly line and being along a line 225' Northerly of as measured at right angles to and parallel with the South line of the NI/2 of said Section 6 a distance of 1058.82 feet to the TRUE POINT OF BEGINNING. Page I of 2 Property Description (continued) Bernhardt Annexation #5 Said described parcel of land contains 14,827 Square Feet,more or less(±)(0 340 Acres. more or less (±)and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I,Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. / t10 '- '^ Sr Charles B.loner ogr,tit of eyors,Inc. y • to • -01 la• Colorado Re gist gist Prof ton31''. Land Surveyor #220 ?PC!' KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 Project Number: 2004355A (File: M:12004335A\legals-annexationskannex5-aI.wpd) (January 28,2005) Pace 2 of 2 RESOLUTION NO. 05-10 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 February 9, 2005, the annexation petition for Bernhardt Annexation #6 was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12- 107(1 )(f), C.R.S. The location of the property is described 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(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31-12-108(1), C.R.S., the Board of Trustees hereby sets the date for the hearing on the annexation petition for March 23, 2005, at 7:00 P.M. in the Town of Milliken Community Room located at 1 101 Broad Street, Milliken, Colorado. Notice of this hearing is to be published. 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. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing 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 February 9, 2005. ATTEST: TOWN OF MILLIKEN: chi& ce4aO-4.4ne Nanette Fornof- Town.Clerk Linda Measner - Mayor Y TOWN OF MILLIKEN P.O. BOX 290 REC•E I vEL MILLIKEN CO 80543 itEE 7 2005 TOWN Of MILLIKEN PETITION FOR ANNEXATION We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Bernhardt Annexation #6", and affirm the following to be true and correct as of February 1, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six(6) weeks prior to the hearing. Page 1 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes,within the Property as outlined in a Subdivision Improvements Agreement(approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners agree to convey to the Town, all water rights necessary for development and all irrigation water rights and associated carrying rights and groundwater rights associated with the property and if necessary for development, and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related hereto paid in full, unless the Town in writing rejects any or all such water rights. Water rights may be conveyed on a pro-rata basis as building permits are issued. 17. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs to the extent that this property is a part of the School District. Page 2 The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Bernhardt Annexation #6 Rueben Bernhart Hester Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 Address f th }7 A� Addre-ssss`/ �, f Signature(s) Signature(s) 2-4 -o-6- -2— Y-6 Date Signed Date Signed David Bernhart Timothy Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 ess ; Add Signature(s) �tur S 9- 3 05 gnatur Date Signed Date Signed STATE OF COLORADO COUNTY OF WELD ) ss. CIRCULATORS AFFIDAVIT ¢,�"_� /� w Y A. Cuern S , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport be. Signature Subscribed and sworn to before me this min day o -FC 4-7) cuLO,Ct , 2005. WITNESS my hand and official seal. My Commission expires: '1 7-G t l Notary ublic Page 3 PROPERTY DESCRIPTION Bernhardt Annexation#6 A parcel of land being part of Lot One(1)and Lot Two(2)of the Northwest Quarter (NW 1/4)/4)of Section Six(6),Township Four North(T.4N. (R.66W.)of the Sixth Principal Meridian(6th P.M.), Range Weld, tate fCWest and being more particularly described ) County of Weld•State of Colorado bed as follows: BEGINNING at the East Quarter Corner of Section One(I),Township Four North (T.4N.), Range Sixty-seven West(R.67 W.)of the 6th P.M.,and assuming the South line of the North Half(N1/2)of said Section One(I),as bearing South 87.44'46„West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the following Conners bear as follows: Northeast Corner of said Section I,also being the Northwest Corner of said Section 6 North 00'48'55" West a distance of 2721.81 feet: East Quarter Corner of said Section 6 North 88'54'58"Fast a distance of 4924.34 feet: THENCE North 00'48'55" West along the East line of Lot I of said Section 1 a distance of 225.00 feet to the most Westerly and Northerly corner of that parcel of land as described within that Warranty Deed as recorded January 15, 1971 in Book 639 as Reception Number 1560591 of the records of the Weld County Clerk and Recorder (WCCR),said document hereinafter referred to as Doc#1. Said point being Two Hundred and Twenty-five feet(225')Northerly of as measured at right angles to the South line of the North Half(N1/2)of said Section 6; THENCE North 88'54'58"East along the Northerly line of the aforesaid Doc#I and being along a line 225'Northerly of as measured at right angles to and parallel with the South line of the N 1/2 of said Section 6 a distance of 1468.55 feet to the TRUE POINT OF BEGINNING: THENCE North 01'05'02" West a distance of 5.00 feet; THENCE South 88'54'58" West a distance of 1048.82 feet; THENCE North 01'05'02" West a distance of 10.00 feet; THENCE North 88'54'58" East a distance of 1048.82 feet; THENCE North 01'05'02"West a distance of 5.00 feet; THENCE North 88'54'58" East a distance of 611.97 feet to a point Twenty feet(20') Westerly of as measured at right angles to the Westerly line of the aforesaid Doc#I; THENCE North 01'45'53" West along a line 20'Westerly of as measured at right angles to and parallel with the Westerly line of the aforesaid Doc#1 a distance of2005.18 feet; THENCE North 88'14'07"East a distance of 5.00 feet; THENCE South 01'45'53"East a distance of 2010.24 feet; THENCE South 88'54'58"West a distance of 607.03 feet; THENCE South 01'05'02"East a distance of 10.00 feet; THENCE North 88'54'58"East a distance of 617.15 feet; THENCE North 01'45'53"West a distance of 2020.36 feet; THENCE North 88'14'07" East a distance of 5.00 feet to the Westerly line of the aforesaid Doc#1; Thence along the Westerly and Northerly line of the aforesaid Doc#I by the following Two(2)courses and distances: THENCE South 01'45'53" East a distance of 2025.42 feet; THENCE South S8`54'5S" West a distance of 632.21 feet to the TRUE POINT OF BEGINNING. Page 1 oft Property Description(continued) Bernhardt Annexation#6 Said described parcel of land contains 36,962 Square Feet,more or less(±)(0.849 Acres, more or less (±))and is subject to any rights-of-way or other easanents as granted or reserved by instruments of record or as now existing on said described parcel of land. • SURVEYOR'S STATEMENT I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. Charles B.Jones-% b 1; foirgoiu ors,Inc. ft': ,_ 2�r. M• Colorado Registere�tt''• s tonal •• 1 Land Surveyor #22098.� _1�! KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 Project Number: 2004335A (File: M: 2004335A\legals-annexations\annex6-a I.wpd) (January 28,2005) Page 2of2 RESOLUTION NO. 05-11 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 February 9, 2005, the annexation petition for Bernhardt Annexation #7 was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12- 107(1)(f), C.R.S. The location of the property is described 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(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31-12-108(1), C.R.S., the Board of Trustees hereby sets the date for the hearing on the annexation petition for March 23, 2005, at 7:00 P.M. in the Town of Milliken Community Room located at 1101 Broad Street, Milliken, Colorado. Notice of this hearing is to be published. 4. The purpose of this hearing shall be to determine whether the 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. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing 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 February 9, 2005. ATTEST: TOWN OF MILLIKEN: a Nanette Fornof - Town\Clerk Linda Measner - Mayor TOWN OF MILLIKEN RECEIVED P.O. BOX 290 MILLIKEN CO 80543 r-EL fl 7 2005 wN OF MILLIKEN PETITION FOR ANNEXATION We represent that we are the landowners of 100% of the land described in this Petition, excluding public streets, alleys, roads and easements, which is legally described on "Bernhardt Annexation #7", and affirm the following to be true and correct as of February 1, 2005, our petition for annexation is filed with the Town of Milliken. CONTIGUITY: 1. Not less than one-sixth (1/6) of the perimeter of the proposed annexation is contiguous to the Town of Milliken. 2. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 3. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 4. The Petitioners understand that there may be a significant period of time before municipal utilities will be available, but anticipate that urbanization will be able to take place at a pace acceptable to them without immediate access to these utilities. Until urbanization takes place the petitioners intend to maintain their properties in their current uses, which uses are acceptable to the Town of Milliken. 5. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 6. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. Examples of Milliken's fees which are acceptable to the petitioners include fees for: raw water purchase, trails and open space, public facilities infrastructure, streets, police infrastructure, capital investment, water meter purchase and taps. 7. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Petitioners will prepare a proposed annexation impact report and provide it to Milliken for review and consideration six (6) weeks prior to the hearing. Page 1 8. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property as outlined in a Subdivision Improvements Agreement (approved at the time of final subdivision plat). 9. The Petitioners agree to dedicate, with the subdivision of the Property and at no cost to the Town, all required easements and right-of-way for installation and maintenance of infrastructure. 10. The Petitioners agree to design and install transportation infrastructure, utility infrastructure, and stormwater improvements to serve the Property prior to the issuance of any building permits for all or any portion of the property in accordance with Town standards. The Petitioners shall make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Milliken, to dedicate to Milliken any or all other required improvements. The Petitioners agrees to enter into a subdivision improvements agreement pertaining to such improvements and other matters at time of final plat. 11. The Petitioners agree that oversizing agreements may exist that the Petitioners may be responsible for his/her fair share for oversizing of infrastructure. Likewise, Petitioners acknowledges that the Town may require the Petitioners to oversize infrastructure, which would be reimbursed by subsequent developers. The Petitioners acknowledge that the Town shall facilitate reimbursement of any financial participation by the Petitioners, over and above the proportionate impact of the development. Such reimbursement shall come from new development directly connecting to the improvements. 12. The Petitioners agree to satisfy the public land dedication and landscaping requirements specified in the Town's Land Use Code. 13. The Petitioners agree that future development of the site will comply with any adopted infrastructure plans including but not limited to transportation, drainage, water, sewer, land use, parks, trails, open space and comprehensive plans. 14. The Petitioners agree that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Petitioners shall comply with, all municipal, county, state and federal statutes, ordinances, rules and regulations. 15. The Petitioners agree that all land use approvals and building permits for the development of the Property shall be subject to requirements including, but not limited to, the payment of impact fees and development charges and other land use and development requirements in effect at the time that such proposed development applies for a building permit. 16. The Petitioners agree to convey to the Town, all water rights necessary for development and all irrigation water rights and associated carrying rights and groundwater rights associated with the property and if necessary for development, and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related hereto paid in full, unless the Town in writing rejects any or all such water rights. Water rights may be conveyed on a pro-rata basis as building permits are issued. 17. The Petitioners understand that the RE5-J School District forms an integral part of the Milliken community. Milliken has enacted fees to support the acquisition of land by this School District. The Petitioners are aware of these fees and agree to financially support the District's land acquisition programs to the extent that this property is a part of the School District. Page 2 The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Legal Description: See Bernhardt Annexation#7 Rueben Bemhart Hester Bemhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 Address k �c✓✓ 1�` �r Address / l Signatures) x .6A7.4%/ lU r+ x�Let- Signature(s) a 3-�-o C l Date Signed , Date Signed David Bernhart Timothy Bernhart Property Owner Property Owner 12281 State Hwy 60 12281 State Hwy 60 Milliken, CO 80543 Milliken, CO 80543 Arkir ss Addres weemey ignature(s) Signature(s) -" Date Signed Date Signed STATE OF COLORADO COUNTY OF WELD ) ss. CIRCULATOR'S AFFIDAVIT BRAbIt' A• Cvpres , being first duly sworn, upon oath deposes and says that he/she was the circulator of the above and foregoing petition and that the signatures on said petition are the signatures of the persons whose names they purport to be. Signature Subscribed and sworn to before me this 1-1-1-ti day of ✓u&.' u , 2005. WITNESS my hand and official seal. My Commission expires: /3I(7�_ c^,(c, in P `ot7. _ f/g�C' Notary P blip" r )1', ZINK lro i.; Page 3 PROPERTY DESCRIPTION Bernhardt Annexation#7 A parcel of land being part of Lot One(I)and Lot Two(2)of the Northwest Quarter(NW 1/4)of Section Six (6),Township Four North(TAN.),Range Sixty-six West(R.66W.),and part of Lot One(I)of the Southwest Quarter(S W I/4)and pan of Lot One(I)of the Northwest Quarter (NW!/4)of Section Thirty-one(31), Township Five North(TSN.),Range Sixty-six West (R.66W.)of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of Section One(I),Township Fora North(T.4N.), Range Sixty-seven West(R.67W.)of the 6th P.M.,and assuming the South line of the North Half(NI/2)of said Section One(1),as bearing South 87'44'46^West,Ding a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Comer the following corners bear as follows: Northeast Corner of said Section 1,also being the Northwest Corner of said Section 6 North 00'48'55" West a distance of2721.81 feet: East Quarter Comer of said Section 6 North 88'54'58"East a distance of 4924.34 feet: THENCE North 00'48'55"West along the East line of Lot I of said Section 1 a distance of 225.00 feet to the most Westerly and Northerly corner of that parcel of land as described within that Warranty Deed as recorded January IS, 1971 in Book 639 as Reception Number 1560591 of the records of the Weld County Clerk and Recorder(WCCR),said document hereinafter referred to as Doc#1. Said point being Two Hundred and Twenty-five feet(225')Northerly of as measured at right angles to the South line of the North Half(N 12)of said Section 6; Thence along the Northerly and Westerly line of said Doc#1 by the following Two(2)courses and distances: THENCE North 88'54'58"East a distance of 2100.76 feet; THENCE North 01'45'53"West a distance of 2025.42 feet to the TRUE POINT OF BEGINNING: THENCE South 88'14'07"West a distance of 5.00 feet; THENCE South 0!'45'53"East a distance of 2020.36 feet; THENCE South 88'54'58"West a distance of 617.15 feet; THENCE North 01'05'02"West a distance of 10.00 feet; THENCE North 88'54'58"East a distance of 607.03 feet; THENCE North 01'45'53"West a distance of 2010.24 feet; THENCE South 88'14'07"West a distance of 5.00 feet; THENCE North 01'45'53" West a distance of 169.36 feet; THENCE North 63'30'00" West a distance of 280.00 feet to a point Two Hundred and Forty-five feet(245') Westerly of as measured at right angles to the East line of said Lots 1 of the SW!/4 and N W 1/4 of said Section 31; THENCE North 00'17'19"West along a line 245'Westerly of as measured at right angles to and parallel with the East line of said Lots I of the SWI/4 and NW1/4 of said Section 31 a distance of 5396.77 feet to the intersection with the Southerly Right-Of-Way(ROW)line of Weld County Road#52(WCR#52)and being a point Thirty feet(30')Southerly of as measured at right angles to the North line of Lot ! of the N W 1/4 of said Section 31; THENCE North 89'58'13"East along said Southerly ROW line and being a line 30'Southerly of a measured at right angles to a parallel with the North line of said Lot 1 of the NW 1/4 of said Section 31 a distance of 20.00 feet to the most Northerly and Westerly corner of the aforesaid Doc#1. Said point being Two Hundred and Twenty-five feet(225')Westerly of as measured at right angles to the East line of Lot 1 of the NW I/4 of said Section 31; Thence along the Westerly line of the aforesaid Doc#1 by the following Five(5)courses and distances: n,". Property Description(continued) Bernhardt Annexation #7 THENCE South 00'17'19"East a distance of 524690 feet to the South line of Lot 1 of the SW1/4 of said Section 31; THENCE South 89'38'59" West along said South line a distance of 0.17 feet; THENCE South 00'14'01"East a distance of 137.32 feet; 'THENCE South 63'30'00"East a distance of 27'9.98 feet; THENCE South 01'45'53"East a distance of 181.31 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 143,156 Square Feet,more or less(4)(3286 Acres,more or less(±)and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT I,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. �rr RfC yt 'PFt� Charles B.Jones. -d Yiehal r ' r : ' . bSu,ors.Inc. :U 22 Colorado Resist /roles i loaf810 Land Surveyor #2209; '-- KING SURVEYORS,INC. _ 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-50H Project Number: 2004335A (File:M:12004335AVegals-annexationslannex7-al.wpd) (January 31,2005) Page 2 of 2 r/,ENE NO. Milliliter. Town Hall, 1101 Broad St. Drawer 290 • Milliken, CO 80543 • (970) 587-4331 • (970) 587-2678 Fax February 18, 2005 Clerk to the Board—Weld County Commissioners P.O. Box 758 Greeley, Colorado 80632 Dear Sir or Madam, Attached is a copy of the Impact Report concerning the Bernhardt Annexation#'s 1, 2, 3, 4, 5, 6, and 7. The legal description is as follows: a parcel of land being part of Lot One (1) of the Northeast Quarter (NE 'A) of Section One (1), Township Four North (T4N), Range Sixty-seven West (R67W) of the Sixth Principal Meridian (6thP.M.), County of Weld, State of Colorado. If you have any questions or concerns please feel free to contact Danna Ortiz, Town Planner, at (970) 833-1416, extension 3#. Thank �you,^ _c1)?1— Jessi Day Acting Town Clerk February 17, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Bernhardt Annexation#1 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Bernhardt Annexation#1 into the Town of Milliken. The following is a list of the items and issues that the City is required to address for the benefit of the Commissioners. Legal Description for Bernhardt Annexation#1 A parcel of land being part of Lot One (1)of the Northeast Quarter(NE1/4) of Section One(1), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section 1 and assuming the South line of the North Half(N1/2)of said Section1 as bearing South 87°44'46"West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92,a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the Northeast Corner of said Section 1 bears North 00°48'55" West a distance of 2721.81 feet: THENCE South 87°44'46" West along the South line of said N1/2 a distance of 30.01 feet to the intersection with the Westerly Right-Of-Way(ROW) line of Weld County Road#25(WCR#25) and being a point Thirty feet(30')Westerly of as measured at right angles to the East line of said Lot 1. Said point being the TRUE POINT OF BEGINNING: THENCE continuing South 87°44'46"West along said South line a distance of 20.01 feet; THENCE North 00°48'55"West a distance of 22.85 feet; THENCE North 89°11'05" East a distance of 5.00 feet; THENCE South 00°48'55" East a distance of 17.35 feet; THENCE North 89°11'05" East a distance of 10.00 feet; THENCE North 00°48'55"West a distance of 17.35 feet; THENCE North 89°11'05" East a distance of 5.00 feet to the Westerly ROW line of said WCR#25. Said point being 30'Westerly of as measured at right angles to the East line of said Lot 1; THENCE South 00°48'55" East along said Westerly ROW line and being a line 30' Westedy of as measured at right angles to and parallel with the East line of said Lot 1 a distance of 22.35 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 279 Square Feet, more or less (±) (0.006 Acres, more or less (±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk waterlines, sewer interceptors and outalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a copy of the annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. No draft annexation agreement is available. The Town will forward a copy of the annexation agreement to the County Commissioners once it is drafted upon request. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed, This property is included in Milliken's master water and sewer plans and the Town is capable of providing services to this area. In fact, this annexation is a critical element of Milliken's water master plan. This annexation will provide the location for a key water line connection to the City of Greeley. This connection will benefit both existing residents and future development in the area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Milliken Fire Protection Bonding District Northern Colorado Water Conservancy District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7) of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully, Danna Ortiz, Civil Resources Milliken Town Planner Attachments: Annexation Map cc Weld County Department of Planning Services February 17, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Bernhardt Annexation#2 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Bernhardt Annexation#2 into the Town of Milliken. The following is a list of the items and issues that the City is required to address for the benefit of the Commissioners. Legal Description for Bernhardt Annexation #2 A parcel of land being part of Lot One (1)of the Northeast Quarter(NE1/4)of Section One(1), Township Four North (T.4N.), Range Sixty-seven West(R.67W.) of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section 1 and assuming the South line of the North Half(N1/2)of said Section1 as bearing South 87°44'46"West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the Northeast Corner of said Section 1 bears North 00 48'55" West a distance of 2721.81 feet: THENCE South 87°44'46"West along the South line of said N1/2 a distance of 30.01 feet to the intersection with the Westerly Right-Of-Way(ROW) line of Weld County Road#25 (WCR#25) and being a point Thirty feet(30')Westerly of as measured at right angles to the East line of said Lot 1; THENCE North 00°48'55"West along said Westerly ROW line and being a line 30'Westerly of as measured at right angles to and parallel with the East line of said Lot 1 a distance of 22.35 feet to the TRUE POINT OF BEGINNING: THENCE South 89°11'05"West a distance of 5.00 feet; THENCE South 00°48'55" East distance of 17.35 feet; THENCE South 89°11'05"West a distance of 10.00 feet; THENCE North 00°48'55"West a distance of 17.35 feet; THENCE South 89°11'05"West a distance of 5.00 feet; THENCE North 00°48'55"West a distance of 68.30 feet; THENCE North 89°11'05" East a distance of 5.00 feet; THENCE South 00°48'55"East a distance of 58.30 feet; THENCE North 89°11'05" East a distance of 10.00 feet; THENCE North 00°48'55"West a distance of 58.30 feet; THENCE North 89°11'05" East a distance of 5.00 feet to the Westerly ROW line of said WCR#25 and being a point 30'Westerly of as measured at right angles to the East line of said Lot 1; THENCE South 00°48'55" East along said Westerly ROW line and being a line 30'Westerly of as measured at right angles to and parallel with the East line said Lot 1 a distance of 68.30 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 957 Square Feet, more or less (±)(0.022 Acres,more or less (±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk water lines,sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a copy of the annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. No draft annexation agreement is available. The Town will forward a copy of the annexation agreement to the County Commissioners once it is drafted upon request. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town is capable of providing services to this area, In fact, this annexation is a critical element of Milliken's water master plan. This annexation will provide the location for a key water line connection to the City of Greeley. This connection will benefit both existing residents and future development in the area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Milliken Fire Protection Bonding District Northern Colorado Water Conservancy District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7) of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully, Danna Ortiz, Civil Resources Milliken Town Planner Attachments: Annexation Map cc Weld County Department of Planning Services February 17, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Bernhardt Annexation#3 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Bernhardt Annexation#3 into the Town of Milliken. The following is a list of the items and issues that the City is required to address for the benefit of the Commissioners. Legal Description for Bernhardt Annexation#3 A parcel of land being part of Lot One(1) of the Northeast Quarter(NE1/4)of Section One(1), Township Four North (T.4N.), Range Sixty-seven West(R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section 1 and assuming the South line of the North Half(N1/2)of said Section 1 as bearing South 87°44'46"West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the following corners bear as follows: Northeast Corner of said Section 1 North 00°48'55" West a distance of 2721.81 feet: East Quarter Corner of Section Six(6), Township Four North (T.4N.), Range Sixty-six West(R.66W.) North 88°54'58" East a distance of 4924.34 feet: THENCE South 87°44'46"West along said South line of said N1/2 a distance of 30.01 feet to the intersection with the Westerly Right-Of-Way(ROW) line of Weld County Road#25(WCR#25)and being a point Thirty feet(30') Westerly of as measured at right angles to the East line of said Lot 1; THENCE North 00°48'55"West along said Westerly ROW line a being a line 30'Westerly of as measured at right angles to and parallel with the East line of said Lot 1 a distance of 90.65 feet to the TRUE POINT OF BEGINNING: THENCE South 89°11'05"West a distance of 5.00 feet; THENCE South 00°48'55"East a distance of 58.30 feet; THENCE South 89°11'05"West a distance of 10.00 feet; THENCE North 00°48'55"West a distance of 58.30 feet; THENCE South 89°11'05"West a distance of 5.00 feet; THENCE North 00°48'55"West a distance of 154.87 feet to a point Two Hundred and Forty-five feet(245') Northerly of as measured at right angles to the South line of the North Half(N1/2) of said Section 6; THENCE North 88°54'58" East along a line 245' Northedy of as measured at right angles to and parallel with the South line of said N1/2 of Section 6 a distance of 35.73 feet; THENCE South 01°05'02"East a distance of 5.00 feet to a point Two Hundred and Forty feet(240') Northerly of as measured at right angles to the South line of the North Half(N1/2)of said Section 6; THENCE South 88°54'58"West along a line 240' Northerly of as measured at right angles to and parallel with the South line of said N1/2 of Section 6 a distance of 30.75 feet; THENCE South 00°48'55" East a distance of 139.90 feet; THENCE North 89°11'05" East a distance of 10.00 feet; THENCE North 00°48'55' West a distance of 129.94 feet to a point Two Hundred and Thirty feet(230')Northerly of as measured at right angles to the South line of said N1/2 of Section 6; THENCE North 88°54'58" East along a line 230' Northerly of as measured at right angles to and parallel with the South line of said Ni/2 of Section 6 a distance of 20.80 feet; THENCE South 01°05'02" East a distance of 5.00 feet to a point Two Hundred and Twenty-five feet(225') Northerly of as measured at right angles to the South line of said N1/2 of Section 6; THENCE South 88°54'58"West along a line 225' Northerly of as measured at right angles to and parallel with the South line of said N1/2 of Section 6 a distance of 15.82 feet to a point on the Westerly ROW line of said WCR#25. Said point being 30'Westerly of as measured at right angles to the East line of said Lot 1; THENCE South 00°48'55" East along said Westerly line and being a line 30' Westerly of as measured at right angles to and parallel with the East line of said Lot 1 a distance of 134.97 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 2,390 Square Feet, more or less (±)(0.055 Acres, more or less(±)) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a copy of the annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. No draft annexation agreement is available. The Town will forward a copy of the annexation agreement to the County Commissioners once it is drafted upon request. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town is capable of providing services to this area. In fact,this annexation is a critical element of Milliken's water master plan. This annexation will provide the location for a key water line connection to the City of Greeley. This connection will benefit both existing residents and future development in the area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Milliken Fire Protection Bonding District Northern Colorado Water Conservancy District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7) of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully, Danna Ortiz, Civil Resources Milliken Town Planner Attachments: Annexation Map cc Weld County Department of Planning Services February 17, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Bernhardt Annexation #4 Dear Commissioners; In compliance with Section 31-12-108,5 C.R.S.,we respectfully submit this letter and the attached maps as the annexation impact report for the Bernhardt Annexation#4 into the Town of Milliken. The following is a list of the items and issues that the City is required to address for the benefit of the Commissioners, Legal Description for Bernhardt Annexation #4 A parcel of land being part of Lot One(1)of the Northeast Quarter(NE1/4)of Section One (1), Township Four North (T.4N.), Range Sixty-seven West(R.67W.)and part of Lot One(1)of the Northwest Quarter(NW1/4)of Section Six (6), Township Four North(T.4N.), Range Sixty-six West(R.66W.), all of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of said Section 1 and assuming the South line of the North Half(N1/2)of said Section 1 as bearing South 87°44'46"West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the following corners bear as follows: Northeast Corner of said Section 1, also being the Northwest Corner of said Section 6 North 00°48'55"West a distance of 2721.81 feet: East Quarter Corner of said Section 6 North 88°54'58" East a distance of 4924.34 feet: THENCE South 87°44'46"West along the South line of said N1/2 of said Section 1 a distance of 30.01 feet to the intersection with the Westerly Right-Of-Way(ROW) line of Weld County Road#25(WCR#25)and being a point Thirty feet(30')Westerly of as measured at right angles to the East line of Lot 1 of said Section 1; THENCE North 00°48'55" West along said Westerly ROW line and being a line 30'Westerly of as measured at right angles to and parallel with the East line of Lot 1 of said Section 1 a distance of 225.62 feet the intersection with the Westerly extension of the North line of that parcel of land as described within that Warranty Deed as recorded January 15, 1971 in Book 639 as Reception Number 1560591 of the records of the Weld County Clerk and Recorder (WCCR),said document hereinafter referred to as Doc#1. Said point being Two Hundred and Twenty-five feet(225') Northerly of as measured at right angles to the South line of the North Half(N1/2) of said Section 6; THENCE North 88°54'58" East along the Westerly extension of the North line of the aforesaid Doc#1 and being along a line 225' Northerly of as measured at right angles to and parallel with the South line of the N1/2 of said Section 6 a distance of 15.82 feet to the TRUE POINT OF BEGINNING: THENCE North 01°05'02"West a distance of 5.00 feet; THENCE South 88°54'58" West a distance of 20.80 feet; THENCE South 00°48'55" East a distance of 129.94 feet; THENCE South 89°11'05" West a distance of 10.00 feet; THENCE North 00°48'55"West a distance of 139.90 feet; THENCE North 88°54'58" East a distance of 30.75 feet; THENCE North 01°05'02"West a distance of 5.00 feet; THENCE North 88°54'58" East a distance of 423.91 feet; THENCE South 01°05'02" East a distance of 5.00 feet; THENCE South 88°54'58"West a distance of 413.91 feet; THENCE South 01°05'02" East a distance of 10.00 feet; THENCE North 88°54'58" East a distance of 413.91 feet; THENCE South 01°05'02" East a distance of 5.00 feet to the North line of the aforesaid Doc#1; THENCE South 88°54'58"West along said North line and it's Westerly extension a distance of 423.91 feet to the TRUE POINT OF BEGINNING. Said described parcel of!and contains 5,946 Square Feet, more or less(±) (0.137 Acres, more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a copy of the annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. No draft annexation agreement is available. The Town will forward a copy of the annexation agreement to the County Commissioners once it is drafted upon request. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town is capable of providing services to this area. In fact, this annexation is a critical element of Milliken's water master plan. This annexation will provide the location for a key water line connection to the City of Greeley. This connection will benefit both existing residents and future development in the area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Milliken Fire Protection Bonding District Northern Colorado Water Conservancy District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7) of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully, Danna Ortiz, Civil Resources Milliken Town Planner Attachments: Annexation Map cc Weld County Department of Planning Services February 17, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Bernhardt Annexation#5 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S.,we respectfully submit this letter and the attached maps as the annexation impact report for the Bernhardt Annexation#5 into the Town of Milliken. The following is a list of the items and issues that the City is required to address for the benefit of the Commissioners. Legal Description for Bernhardt Annexation#5 A parcel of land being part of Lot One(1)of the Northeast Quarter(NE1/4) of Section One (1), Township Four North (T.4N.), Range Sixty-seven West(R.67W.)and part of Lot One (1) of the Northwest Quarter(NW1/4)of Section Six (6), Township Four North (T.4N), Range Sixty-six West(R.66W.),all of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Comer of said Section 1 and assuming the South line of the North Half(N1/2)of said Section 1 as bearing South 87°44'46"West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the following corners bear as follows: Northeast Corner of said Section 1, also being the Northwest Corner of said Section 6 North 00°48'55" West a distance of 2721.81 feet: East Quarter Corner of said Section 6 North 88°54'58" East a distance of 4924.34 feet: THENCE North 00°48'55"West along the East line of Lot 1 of said Section 1 a distance of 225.00 feet to the most Westerly and Northerly corner of that parcel of land as described within that Warranty Deed as recorded January 15, 1971 in Book 639 as Reception Number 1560591 of the records of the Weld County Clerk and Recorder(WCCR), said document hereinafter referred to as Doc#1. Said point being Two Hundred and Twenty-five feet(225') Northerly of as measured at right angles to the South line of the North Half(N1/2) of said Section 6; THENCE North 88°54'58" East along the Northerly line of the aforesaid Doc#1 and being along a line 225' Northerly of as measured at right angles to and parallel with the South line of the N1/2 of said Section 6 a distance of 409.73 feet to the TRUE POINT OF BEGINNING: THENCE North 01°05'02"West a distance of 5.00 feet; THENCE South 88°54'58"West a distance of 413.91 feet; THENCE North 01°05'02"West a distance of 10.00 feet; THENCE North 88°54'58" East a distance of 413.91 feet; THENCE North 01°05'02"West a distance of 5.00 feet; THENCE North 88°54'58" East a distance of 1058.82 feet; THENCE South 01°05'02" East a distance of 5.00 feet; THENCE South 88°54'58" West a distance of 1048.82 feet; THENCE South 01°05'02" East a distance of 10.00 feet; THENCE North 88°54'58" East a distance of 1048.82 feet; THENCE South 01°05'02" East a distance of 5.00 feet to a point on the North line of the aforesaid Doc#1 and being a point 225' Northerly of as measured at right angles to the South line of the N1/2 of said Section 6; THENCE South 88°54'58" West along said Northerly line and being along a line 225' Northerly of as measured at right angles to and parallel with the South line of the N1/2 of said Section 6 a distance of 1058.82 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 14,827 Square Feet, more or less (±) (0.340 Acres, more or less(±)and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation, Attached, please find a copy of the annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. No draft annexation agreement is available. The Town will forward a copy of the annexation agreement to the County Commissioners once it is drafted upon request. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town is capable of providing services to this area. In fact, this annexation is a critical element of Milliken's water master plan. This annexation will provide the location for a key water line connection to the City of Greeley. This connection will benefit both existing residents and future development in the area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Milliken Fire Protection Bonding District Northern Colorado Water Conservancy District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7)of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully, Danna Ortiz, Civil Resources Milliken Town Planner Attachments: Annexation Map cc Weld County Department of Planning Services February 17, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE: Annexation Impact Report for Bernhardt Annexation#6 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S.,we respectfully submit this letter and the attached maps as the annexation impact report for the Bernhardt Annexation#6 into the Town of Milliken. The following is a list of the items and issues that the City is required to address for the benefit of the Commissioners. Legal Description for Bernhardt Annexation#6 A parcel of land being part of Lot One(1)and Lot Two(2) of the Northwest Quarter(NW1/4)of Section Six(6), Township Four North (T.4N.), Range Sixty-six West(R.66W.)of the Sixth Principal Meridian (6th P.M.), County of Weld,State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of Section One (1), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) of the 6th P.M., and assuming the South line of the North Half(N1/2) of said Section One (1), as bearing South 87°44'46" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the following corners bear as follows: Northeast Corner of said Section 1, also being the Northwest Corner of said Section 6 North 00°48'55"West a distance of 2721.81 feet: East Quarter Corner of said Section 6 North 88°54'58" East a distance of 4924.34 feet: THENCE North 00°48'55" West along the East line of Lot 1 of said Section 1 a distance of 225.00 feet to the most Westerly and Northerly corner of that parcel of land as described within that Warranty Deed as recorded January 15, 1971 in Book 639 as Reception Number 1560591 of the records of the Weld County Clerk and Recorder(WCCR), said document hereinafter referred to as Doc#1. Said point being Two Hundred and Twenty-five feet(225') Northerly of as measured at right angles to the South line of the North Half(N1/2) of said Section 6; THENCE North 88°54'58" East along the Northerly line of the aforesaid Doc#1 and being along a line 225' Northerly of as measured at right angles to and parallel with the South line of the N1/2 of said Section 6 a distance of 1468.55 feet to the TRUE POINT OF BEGINNING: THENCE North 01°05'02" West a distance of 5.00 feet; THENCE South 88°54'58" West a distance of 1048.82 feet; THENCE North 01°05'02" West a distance of 10.00 feet; THENCE North 88°54'58" East a distance of 1048.82 feet; THENCE North 01°05'02"West a distance of 5.00 feet; THENCE North 88°54'58" East a distance of 611.97 feet to a point Twenty feet (20') Westerly of as measured at right angles to the Westerly line of the aforesaid Doc#1; THENCE North 01°45'53"West along a line 20'Westerly of as measured at right angles to and parallel with the Westerly line of the aforesaid Doc#1 a distance of 2005.18 feet; THENCE North 88°14'07" East a distance of 5.00 feet; THENCE South 01°45'53" East a distance of 2010.24 feet; THENCE South 88°54'58"West a distance of 607.03 feet; THENCE South 01°05'02" East a distance of 10.00 feet; THENCE North 88°54'58" East a distance of 617.15 feet; THENCE North 01°45'53"West a distance of 2020.36 feet; THENCE North 88°14'07" East a distance of 5.00 feet to the Westerly line of the aforesaid Doc#1; Thence along the Westerly and Northerly line of the aforesaid Doc#1 by the following Two(2)courses and distances: THENCE South 01°45'53" East a distance of 2025.42 feet; THENCE South 88°54'58"West a distance of 632.21 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 36,962 Square Feet, more or less (±) (0.849 Acres, more or less(±))and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk waterlines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a copy of the annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. No draft annexation agreement is available. The Town will forward a copy of the annexation agreement to the County Commissioners once it is drafted upon request. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town is capable of providing services to this area. In fact, this annexation is a critical element of Milliken's water master plan. This annexation will provide the location for a key water line connection to the City of Greeley. This connection will benefit both existing residents and future development in the area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed. Financing for the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Milliken Fire Protection Bonding District Northern Colorado Water Conservancy District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7) of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. Respectfully, Danna Ortiz, Civil Resources Milliken Town Planner Attachments: Annexation Map cc Weld County Department of Planning Services February 17, 2005 Weld County Commissioners 915 10th Street Greeley, CO 80632 RE; Annexation Impact Report for Bernhardt Annexation #7 Dear Commissioners; In compliance with Section 31-12-108.5 C.R.S., we respectfully submit this letter and the attached maps as the annexation impact report for the Bernhardt Annexation#7 into the Town of Milliken. The following is a list of the items and issues that the City is required to address for the benefit of the Commissioners. Legal Description for Bernhardt Annexation#7 A parcel of land being part of Lot One(1)and Lot Two(2) of the Northwest Quarter(NW1/4)of Section Six(6), Township Four North (T.4N.), Range Sixty-six West(R.66W.),and part of Lot One(1)of the Southwest Quarter (SW1/4)and part of Lot One(1)of the Northwest Quarter(NW1/4)of Section Thirty-one (31), Township Five North (T.5N.), Range Sixty-six West(R.66W.)of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner of Section One(1),Township Four North (T.4N.), Range Sixty-seven West (R.67W.)of the 6th P.M., and assuming the South line of the North Half(N1/2)of said Section One(1), as bearing South 87°44'46" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 5216.97 feet with all other bearings contained herein relative thereto. From said East Quarter Corner the following corners bear as follows: Northeast Corner of said Section 1, also being the Northwest Corner of said Section 6 North 00°48'55"West a distance of 2721.81 feet: East Quarter Corner of said Section 6 North 88°54'58" East a distance of 4924.34 feet: THENCE North 00°48'55" West along the East line of Lot 1 of said Section 1 a distance of 225.00 feet to the most Westerly and Northerly corner of that parcel of land as described within that Warranty Deed as recorded January 15, 1971 in Book 639 as Reception Number 1560591 of the records of the Weld County Clerk and Recorder(WCCR), said document hereinafter referred to as Doc#1. Said point being Two Hundred and Twenty-five feet(225') Northerly of as measured at right angles to the South line of the North Half(N1/2)of said Section 6; Thence along the Northerly and Westerly line of said Doc#1 by the following Two (2) courses and distances: THENCE North 88°54'58" East a distance of 2100.76 feet; THENCE North 01°45'53"West a distance of 2025.42 feet to the TRUE POINT OF BEGINNING: THENCE South 88°14'07" West a distance of 5.00 feet; THENCE South 01°45'53" East a distance of 2020.36 feet; THENCE South 88°54'58" West a distance of 617.15 feet; THENCE North 01°05'02"West a distance of 10.00 feet; THENCE North 88°54'58" East a distance of 607.03 feet; THENCE North 01°45'53"West a distance of 2010.24 feet; THENCE South 88°14'07"West a distance of 5,00 feet; THENCE North 01°45'53"West a distance of 169.36 feet; THENCE North 63°30'00"West a distance of 280.00 feet to a point Two Hundred and Forty-five feet(245') Westerly of as measured at right angles to the East line of said Lots 1 of the SW1/4 and NW1/4 of said Section 31; THENCE North 00°17'19"West along a line 245' Westerly of as measured at right angles to and parallel with the East line of said Lots 1 of the SW1/4 and NW1/4 of said Section 31 a distance of 5396.77 feet to the intersection with the Southerly Right-Of-Way(ROW) line of Weld County Road#52(WCR#52)and being a point Thirty feet(30') Southerly of as measured at right angles to the North line of Lot 1 of the NW1/4 of said Section 31; THENCE North 89°58'13" East along said Southerly ROW line and being a line 30'Southerly of a measured at right angles to a parallel with the North line of said Lot 1 of the NW1/4 of said Section 31 a distance of 20.00 feet to the most Northerly and Westerly corner of the aforesaid Doc#1. Said point being Two Hundred and Twenty-five feet (225') Westerly of as measured at right angles to the East line of Lot 1 of the NW1/4 of said Section 31; Thence along the Westerly line of the aforesaid Doc#1 by the following Five(5) courses and distances: THENCE South 00°17'19" East a distance of 5246.90 feet to the South line of Lot 1 of the SW1/4 of said Section 31; THENCE South 89°38'59"West along said South line a distance of 0.17 feet; THENCE South 00°14'01" East a distance of 137.32 feet; THENCE South 63°30'00" East a distance of 279.98 feet; THENCE South 01°45'53" East a distance of 181.31 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 143,156 Square Feet, more or less(±)(3.286 Acres, more or less (±) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1. A map or maps of the Town and adjacent territory showing:the present and proposed boundaries of the Town in the vicinity of the proposed annexation;and the present streets, major trunk water lines, sewer interceptors and outfalls, other utility lines and ditches and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Attached, please find a copy of the annexation map showing the proposed annexation in relation to the Town of Milliken. 2. A copy of any draft or final pre-annexation agreement, if available. No draft annexation agreement is available. The Town will forward a copy of the annexation agreement to the County Commissioners once it is drafted upon request. 3. A statement of the Town's plans for extending or providing for municipal services within the area to be annexed. This property is included in Milliken's master water and sewer plans and the Town is capable of providing services to this area. In fact, this annexation is a critical element of Milliken's water master plan. This annexation will provide the location for a key water line connection to the City of Greeley. This connection will benefit both existing residents and future development in the area. Electricity Excel Energy Telephone Qwest Communications Water Town of Milliken Sanitary Sewer Town of Milliken Fire Milliken Fire Protection District Police Town of Milliken Street Maintenance Town of Milliken 4. A statement of the Town's plans for the financing of municipal services within the area to be annexed, Financing for the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Milliken. 5. A statement identifying all existing districts within the area to be annexed. The area to be annexed is included within the following special districts: Weld County School District, RE-5J Milliken Fire Protection District Milliken Fire Protection Bonding District Northern Colorado Water Conservancy District Aims Junior College Weld Library District West Greeley Soil Conservation District 6. A statement of the effect of the annexation upon the school district governing the area to be annexed, as is more fully set forth in Section 15-3(d)(7) of this chapter. The annexation will not generate additional impacts to the school district because the annexation is not large enough to contain any residences. 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Lfl 1 4.IR GC ILI -_ Ge to I C5_# H c v I €iInA R1 \/ 3 j •_. P rJ ��- • � n �� _—tilts cf - CO LID © inn 32,.r sootami ITS R C I VIII da g da Ere•ftermantrmsw a Ile i I til- I—___-..-". _Is 3 n - . ' . b ILL: ataaamaazumxc d x 9 \ AID N • somnP[ 5246.00, % ! ea n I g MfOIYI\1 . 7T - I a S •I — i 7 •W I Lt The Johnstown lireezu A 15 Thursday, February 17,2005 ♦ LEGAL NOTICES ----------- --------- TOWN OF MILLIKEN THE TOWN OF MILLIKEN, COLO- for municipal water use in that wa- ORDINANCE NO.508 RADO: ter year. For the purpose of this TOWN OF MILLIKEN BE IT RESOLVED BY THE:BOARD OF Section 1' That the Town of Milliken has water contract, the water year is By:S/S Linda Measner—Mayor T USTEES OF THE COUNTY, COLORADO OF MIL- AN ORDINANCE EXTENDING THE determined to apply for a contract provid- defined to be from November 1 to ELECTRIC AND GASEOUS FUEL ing for the beneficial use of twenty (20) October 31 of the following year. ATTEST: THAT: 1. e of FRANCHISE GRANTED BY THE TOWN acre-feet of water from Northern Colo- If an annual payment as herein S/S Nanette Fornof—Town Clerk Board of llr Cheer regular February 2005, t OF MILLIKEN,WELD COUNTY,COLO- rado Water Conservancy District within provided is not made by due date, RADO TO PUBLIC SERVICE COM- the boundaries of the Northern Colorado written be giventhereof, f, byDcerified d Publishedary in the Johnstown Breeze Feb- the annexation pestiahrfi r ti' n the t PAN Y OF COLORADO, AS SET Water Conservancy District. b e of Trustees by the Clerk as Ia corm the FORTH IN ORDINANCE NUMBER 131. Section 2: That the Mayor and Town the Applicant al the following ad- Clerk be and are hereby authorized and dress: P. 0. Box 290, Milliken, CO ORDER ON APPLICATION 1i)iicati nOpursuant I fro lunation of 112+ apply to the Board of Direc- 80543. r on 0o en is described e Exhibit of ho WHEREAS. the r electric and Town of tors drsctof to DWater ens lent Weld Co granted by the of of said Northern ict Colorado Water add as of v November be sus- beApplication alf of all parties nteea interested in this alto- !ached hereto and incorporated heroin by tic Service Weld County. Colorado,to Pub- Conservancy Dippli a fora contract pro- p tic nmre Company of Colorado 9, 1977,by Or-s viding fwater to then terms the prescribed by aid new water year until made. If f payment ay( the cation of the right to ter and after a reference, aen Ne. tit. February Dec m- Board n the manner nd for as mfhis not d delinquency nmade withns nnety (9 ) days Hearring by the t Board, it a risahereby OR- viewed the a petition ml Tut t::tees nds Shut the re- amendede by Cr amen r No.268,Deerethe dale of mailing of said DERED that the above application be requirements set forth in Section .11.12- Jul 13, 100 and Ordinance o 453, section provided,to-wit:AT afrer July t0'" 2002. and Ordinance No, 491, APPLICATION TO written notice, Applicant shell have granted end an allotment contract for 107(1)(f), C.R.S. have been substantially August 10'h 2004 would have expired on NORTHERN COLORADO WATER no further right, title, or Interest Twenty(20) acre-feet of water Is hereby complied with. ment ay 11, n extended outhel agree- CONSERVANCY DISTRICT current FOR ANNUALLY RENEWABLE useer of this ater as heroin made, shall municiipalct; and the right of made to ne Town of e corporation,Milliken,e beneficial C.R.S.a Colorado 3. Phe Board of Section T Trustees hereby 6 has beenbe date and an nddllionel extension is re- PERPETUAL WATER CONTRACT FOR the BoardDirectors of said Dis- the uses terms, conditionid s, and ation manneron of nets the date xaton petition for Marhearing h 23 2005. at an- eta WHEREAS. and RIGHT TO USE 7:00 P.M. in the Town of Milliken WHERof M the Board of tht COLORADO-BIG ER PRO- in accordance sofC.R.S.with the applica- payment as therein specified. munity Room located al 110! Broad Corn- the Town of u lit b n eaten es that the JECT WATER ble5132vi and 7-O Section 3ro- franrhise should be extended to and UNDER C.R.S.37.45-131 45-132 and 7-42-104. Any pro- NORTHERN COLORADO WATER Street, Milliken, Colorado. Notice of this included August 11,2005:and Applicant, Town of Milliken, the gov- ceeds from any sale of the right of CONSERVANCY DISTRICT hearing is to he published 4. The purpose of this hearing shall• WHEREAS, the Board of Trustees reining body of a Colorado municipal use to another allottee shall be paid be to determine whether the area fro • finds that such an extension of the fran- corporation acting in its governmental to Applicant over ennd above the By:President posed to be annexed meets lea apphca- chise will allow far adequate considers- capacity or as governing body of a water District's actual expense in termi- 04 Iron of proposed chatime for s to the franchise activity rise (circle capacity in noting and disposing of the contract enter hereby b certify te that Directors above of Northern and requirements 31-12-105, C.R.S. nrr is uligliJe for and will allow time completion and which governing body is acting), hereby right of use. Y halation of legislative reviews and ec- applies to Northern Colorado Water Con- 5. This right of use shall be perpetual Colorado Water Conservancy District da on o annexation. bonsthe event the Board of lions which may affect the franchise;and of the y District, a political subdivision on an annually renewable basis. If the A.D.,2005. lees finds that the statutory prerequisites Trus- WHEREAS, the Board of Trustees of the State of Colorado, organized and the annual payment is made as finds that such an extension of the fran- existing by virtue of Title 37, Article 45, provided in this application,the right for annexation have been met he Board chise is appropriate in view of the fact Colorado Revised Statutes, 1973, for a of use shall be automatically re- ATTEST:Acting Secretary will hold a abate hearing on the arch- that many aspects of the gas and electric contract for the right to beneficially use newed another water year without utility businesses are currently the sub- Colorado-Big Thompson Project water any further action of the District; if TOWN OF MILLIKEN This resolution was passed by a vote 7 in favor e jeer of discussion, examination and in- under the following terms and conditions: the annual payment is not timely ORDINANCE NO.510 .wing of the Boarddof Trustees on thebruarty quirt' by regulatory authorities and oth- 1.The quantity of water herein re- made, as provided above, the right ers, and that such activities, as well as quested by Applicant for annual of use shall terminate. AN ORDINANCE AMENDING THE AN- 9,2005. ongoing discussions between the Town application to beneficial use Is 6.Applicant agrees that the water NEXATION MAP FOR SPARROW AN- and Public Service Company of Colo- Twenty(20)acre-feet to be used so allocation shall be beneficially used NEXATION, TOWN OF MILLIKEN, TBy:s/s OWN OF MILLIKEN: redo,may affect the need for changes to long as the Applicant fully complies for the purposes and in the manner WELD COUNTIES, STATE OF COLO- AT Nanette L.Measner the franchise. with all of the terms,conditions,and specified herein, and that this right RADO. AT Nanette S.Fornof.Town Clerk NOW, THEREFORE, BE IT OR- obligations hereinafter set forth. of use is made for the exclusive DAINED BY THE BOARD OF TRUE• 2. it is understood and agreed by the benefit of the Applicant and shall WHEREAS, the original Sparrow TEES OF THE TOWN OF MILLIKEN, Applicant that any water provided not Inure to the benefit of any suc- Annexation map required an amendment The legal Description of the property is COLORADO: for use under this contract by the cessors or assigns of said Applicant for directional errors. Board of Directors of said District without prior specific approval of the NOW, THEREFORE, BE IT OR- EXHIBIT"A" The current franchise between the shall be primarily for domestic, irri- Board of Directors of said District. DAINED BY THE BOARD OF TRUS- Town of Milliken and Public Service gallon, or industrial use within or 7.Applicant agrees to be bound by TEES OF THE TOWN OF MILLIKEN, Company of Colorado, which was through facilities or upon lands the provisions of the Water Conser- WELD COUNTY, STATE OF COLO- pROPERTYDESCRIPTION #1 extended from its previous expire- owned or served by said Applicant, vancy Act of Colorado; by Section RADO: A parcel Ber of land Annexation o part of Lot lion date of February 11, 2005, as provided however, that all lands, 37-45-131;by the Rules and Regu- 01. set forth in Article VI, section one, facilities, and serviced areas which lations and policies of the Board of al Sparrow Annexation map recorded One(1)of the Northeast Quarter(NE1/4) the effective date of the franchise is receive benefit from the use of we- Directors of said District; and by the in the office of the Weld County Clerk of Section One(1),Township Four North hereby extended to August 11,2005 vid !(whether by water by pro - 11938,between said District aayment Contract of nd the cording and Recorder amended with the (R 67W.) of the Sixth Sixty-seven West Meridian INTRODUCED,TREADING,READ,N ORDERED sled within! the ta boundaries shall be altoo' United States and all thereof and supplements thereto. the cornected Sparrow Annexatial on map signed by n as Shown on (6th P.M.), )and being of . State of particularly ON FIRST agrees, as a condition of the Mayor of the Town of Milliken on described as follows: Censer- 8.Applicant inNorthern Colorado Water Co BEGINNING al the East Quarter Corner PUBLISHED this 9 day of February, this contract, to enter into an February 2,2005. force This Ordinance they days shall be in Lull vancy Bit agrees g I 9 of said Section 1 and assuming the force and effect thirty after publics- 3. Applicant water rfthat to acre-foot "Operating Agreement"the with said I r Effective Date: lion. of water as referred one-three-to hereinis District if and when Board of The en hit of herewith Trustees of thes d South line of the Nongh SoHall h /7)of said defined ur as being sandth said at agreemeds dnt determines lreo wired designates rthatt thinodinance shall take West,being an1 as bGdnBearnghof8the Colo- S/S Linda Messner,Mayor hundred-ten thousan dth tl t that such an agreement Q State Plana Coordinate System. 11nu ally declared the quantity th of water d by reason of additional theor Applicant nt cation,This Ordinance was nd be in force 30 days ead,passed ed North Zone, North American Datum ( cation. Colo- ATTEST:toservices requesbted the by it. of 5216.97 feet with annually by the Board of Dislrict. Said and ordered published by the Board of 1983/92, a distance S/9 District to be avail- and provided may y Directors of the meeting this 9th day of all other bearings contained herein rela- Nanette Fornof,Town Clerknl contain, but not be Trustees at its g East Quarter the water ca agreement tive thereto. From said able for delivery from 9 I 2005 the Johnstown Breeze Feb- supplies ree thatof the such water at. Applicant elry atd limto,es sb provision meansfor noter February,2005. Corner the Northeast Corner of said Sec- PuMisted agrees f w shall be cry d limes the y pro-ruary 17, 9tion 1 bears North 00 48'55" West a delivered from the works of the coded within terms of standard TOWN Linde MILLIKEN: distance of 2721.81 feet. TOWN OF MILLIKEN District at such existing District de- contracts of the District; additional S/S Linde M.Measner,Mayor ORDINANCE NO.509 livery point or points as may be annual monetary consideration for THENCE South 87 44'46" West along the South line of said N1/2 a dts• specified by the Applicant and that extension of District delivery ser- ATTEST: of 30.01 feet to the AN ORDINANCE TO APPLY AND the water delivery obligation of the vices and for additional administra- S/S Nanette Fornof,Town Clerk wyithethe Westerly Right-Of-Wayiner(ROW) WATER CONTRACT FOR ABENEFICIAL USE OF fwat shall from release costs;on, oreforiether costs to the maintenance D s- Published in the Johnstown Breeze Feb- landine f being a po Weld mpTRioadf 425((W WATER ON BEHALF OF THE TOWN of water from said works. Further, OF MILLIKEN, A MUNICIPAL CORPO- the Applicant agrees that on trill which may arise through provi- `ruery 17,2005 _ arty of as measured a1 right angles to the West- RATION, AND PRESCRIBING THE vember 1 of each year, any water soon of services to the Applicant. East line of said Lot 1. Said point being TERMS FOR APPLICATION FOR AN undelivered from the annual quart- Section 3: In the opinion of the Board of ALLOCATION OF THE RIGHT TO USE lily made available to the Applicant Trustees of the Town of Milliken acquisl• TOWN OF MILLIKEN the TRUE POINT OF BEGINNING THENCE continuing South COLORADO-BIG THOMPSON PRO- shall revert to the water supplies of tion of this annually renewable perpetual PUBLIC HEARING NOTICE 87,.)44'46"THENCE West along said South line a JECT WATER TO SAID TOWN OF MIL- the District. right of use water contract for the Colo- LIKEN BY NORTHERN COLORADO 4.Applicant agrees to pay annually in redo-Big Thompson Project water from NOTICE IS HEREBY GIVEN that a pet!- distance of 20.01 feet, WATER CONSERVANCY DISTRICT. herein provid deform se of water this Districtr andthe right to the beneficial use ter described easnthe of(Bernhardt #1 - 7 lance of 2.85 feerritories hereinaf- THENCE North e 4855" West a dis- WHEREAS, under the Water Con- contract by the Board of Directors of water thereunder by said Town of Mil- Annexations have been presented to the THENCE North 89i.11'05" East a dis- servancy Act of Colorado,Title 37,Article of said District at a price per acre- liken Is necessary; that the continued Town Board of Milliken, Colorado and lance of 5.00 feel 45, y Revised the Board of Trustees Board;and, further, agrees thatsaid the Is essential forn d use of this water the we I being of the nom- the appd le ble p be In rovisions of larent aw with lance of 17.35tfeet00.'48'55" East a tlis- ry initial annual payment shall be munity and for the preservation of the Town Board has adopted d a Resolution to THENCE 1 00 feet;91.:11'05' East a dis- nof ithe Town of Milliken, Colorado mu- yin p corporation inorder to(hereinafterthe called made,in full, a of notice(15)days public equate protection and f the end that set a public hearing to be he23,d at 7:00 p. ual rght'Applicant"),Ise o obtain Thompson District that theInitalTpayment he the is the inhabitants ofthe icommunity requires Conference eRoom March 23, Community tanceNofE North 17.35 feet; West a dis- c use nannually Colorado-Big Thompson Project water on an ann renewable due hereunder, Said notice will an immediate increase in Applicant's Complex at 1101 Broad Street, Milliken, THENCE North 89-11105" East a dis- basis• ROW under C.R.S. 3h Ctolorado things, ofatheD Applicant, year towhich that other er an epmergenly. lcy exists; (ore,that this lared ordi-- annexation ado compliescomplles with the determine tf the ppliicable line of said WCR#25oposed lance of 5D0 feet to th Said point being • boundaries of the Northern and nance shall take effect as an emergency requirements of law. The property will 30'3 Westerly of as measured at right an- • f r thee ial use of by contract rm the initial payment racshall published THENCE East 00' said Lot I. along • for the beneficial of water from the per that fear. whichAnnual he manner and ashall take effect aspro- also url be considered for zoning to Agdwl• leis to the South line of 8'5 I. Northern Colorado llyr Water Conservancy applicable year. 30' Westerly e ! of ROW s a at right line Direcit t, shall or ordinance Cleautrk to apply and payments for each in ntar year e redo or the statutes rof hof Applicant.a.e of Colo- Board for suchpurposes is y Ina words,o saidWesterly line re being a • direct the Mayor and Town Clerk to thereafter shall be made advance redo charter of the letters and figures as follows: glee to and parallel with the East line of • an- te the Board of Directors of said District by the Applicant on or before each said Lot 1 a distance of 22.35 feet to the for such water contract. October 1,31 days prior to the start Passed and readopted, signed and a ., TOWN OF MILLIKEN See LEGALS on page 16 NOW,THEREFORE, BE IT ORDAINED of the water year, at the rate per proved this 9 day of February, A.D., RESOLUTION NO.MILLIKEN 5 CV TUC orison AC TDIICTFFC r1F aura-flNf MatYhaPhNA Imo the RnarA 2005. 16 ♦ The Johnstown Breeze Thursday, February 17, 2005 , ((T.4N.)), Range Sixty-seven West herein as Resolution 05.08 with the ex- TOWN OF MILLIKEN which is described on Exhibit "A" below LEGALS from page 15 (R.67W) of the Sixth Principal Meridian ception of the location of the property RESOLUTION NO.05-09 as Bernhardt Annexation/46 ((006th P.M.), County of,WeId, Slate of which is described on Exhibit "A" below TRUE POINT OF BEGINNING. olorado and being more particularly as Bernhardt Annexation#4 Resolution 05-05 is incorporated EXHIBIT'A" Said described parcel of land con- described as follows: herein as Resolution 05-09 with the ex- PRROP RTY OESCRIPTI N tains 279 Square Feet, more or less (3) BEGINNING at the East Quarter EXHIBIT"A" caption of the location of the property Bernhardt Annexation#6 (0.006 Acres, more or less (t)) and is Corner of said Section 1 and assuming p6OPERTY DESCRIPTIIOoN which is described on Exhibit 'A' below subject to any rights-of-way or other the South line of the North Half(N1/2)of Bernhardt Annexation#4 as Bernhardt Annexation#5 A parcel of land being part of Lot casements as granted or reserved by said Section 1 as bearing South 87° One(1)and Lot Two(2)of the Northwest instruments of record or as now existing 44'46"West,being a Grid Bearing of the A parcel of land being part of Lot EXHIBIT"A" Quarter (NWT/4) of Section Six (6). on said described parcel of land. Colorado State Plane Coordinate Sys- One(1)of the Northeast Quarter(NE1/4) pROPERTY DESCRIPTION Township Four North (T.4N.), Range tern, North Zone, North American Datum of Section One(1),Township Four North Bernhardt Annexation#5 Sixty-six West(R.86W.)of the Sixth Prin- ' TOWN OF MILLIKEN 1983/92, a distance of 5216.97 feet with (T.4N.), Range Sixty-seven West cipal Meridian (6th P.M.), County of RESOLUTION NO.03-06 all other bearings contained herein role- (R.67W.) and part of Lot One (1) of the A parcel of land being part of Lot Weld, State of Colorado and being more live thereto. From said East Quarter Northwest Quarter (NW1/4) of Section One(1)of the Northeast Quarter(NE1/4) particularly described as follows: Resolution 05-05 is incorporated Corner the following corners bear as Six (6), Township Four North (T.4N.), of Section One(1),Township Four North BEGINNING at the East Quarter herein as Resolution 05-6 with the excep- follows: Range Sixty-six West(R.66W.),all of the (T.4N.), Range Sixty-seven West Corner of Section One (1), Township lion of the location of the properly which Northeast Corner of said Section 1 North Sixth Principal Meridian (6th P.M.), (R.67W.) and pert of Lot One (1) of the Four North (T.4N.), Range Sixty-seven is described on Exhibit A' below as 00'48'55" West a distance of 2721.81 County of Weld, State of Colorado and Northwest Quarter (NW1/4) of Section West (R.67W.) of the 6th P.M.. and as- Bernhardt Annexation#2 feet: East Quarter Corner of Section Six being more particularly described as Six (8), Township Four North (T.4N.), suming the South line of the North Half (8),Township Four North (T.4N.), Range follows: Range Sixty-six West(R.66W.),all of the (N1/2)of said Section One (1), as hear- EXHIBIT"A' Sixty-six West(R.66W.) North 88'54'58" BEGINNING at the East Quarter Sixth Principal Meridian (6th P.M.), ing South 87°44'46" West. being a Grid pROPERTY PpESCRIPTI0N East a distance of 4924.34 feet: Comer of said Section 1 and assuming County of Weld, State of Colorado and Bearing of the Colorado State Plane Cn- Bernhardt Annexation$12 THENCE South 87'44'48' West the South line of the North Half(N1/2)of being more particularly described as ordinate System, North Zone, North along said South line of said N1/2 a dis- said Section 1 as bearing South 87° follows: American Datum 1983/92, a distance of A parcel of land being part of Lot tance of 30.01 feet to the Intersection 44'46"West, being a Grid Bearing of the BEGINNING at the East Quarter 5216.97 feet with all other bearings con- One(1)of the Northeast Quarter(NE1/4) with the Westerly Right-Of-Way (ROW) Colorado State Plane Coordinate Sys- Corner of said Section 1 and assuming tained herein relative thereto. From said of Section One (1),Township Four North line of Weld County Road#25(WCR#25) tem, North Zone, North American Datum the South line of the North Half(N1/2)of East Quarter Corner the following cnr- (T.4N,), Range Sixty-seven West and being a point Thirty feet (30')West- 1983/92, a distance of 5218.97 feet with said Section 1 as bearing South 87' nera bear as follows: (R.67W.) of the Sixth Principal Meridian erly of as measured at right angles to the all other bearings contained herein rela- 44'46"West, being a Grid Bearing of the Northeast Corner of said Section 1, also (6th P.M.), County of Weld, State of East line of said Loll; live thereto. From said East Quarter Colorado State Plane Coordinate Sys- being the Northwest Corner of said Sec- Colorado and being more particularly THENCE North 00'48'55" West Corner the following corners bear as tern, North Zone, North American Datum tion 6 described as follows: along said Westerly ROW line a being a follows: 1983/92, a distance of 5216.97 feet with North 00'48'55" West a distance of BEGINNING et the East Quarter line 30'Westerly of as measured at right Northeast Corner of said Section 1, also all other bearings contained herein rela- 2721.81 feel: Corner of said Section 1 and assuming angles to and parallel with the East line being the Northwest Corner of said Sec- tive thereto. From said East Quarter East Quarter Corner of said Section 6 the South line of the North Half(N112)of of said Lot 1 a distance of 90.65 feet to tion 6 North 00°48'55"West a distance of Corner the following corners bear as North 88'54'58" East a distance of said Section I as bearing South 87'44'46' the TRUE POINT OF BEGINNING: 2721.81 feet: follows: 4924.34 feet: West, being a Grid Bearing of the Colo- THENCE South 89'11'05' West a East Quarter Corner of said Section 6 Northeast Corner of said Section 1, also THENCE North 00°48'55" West redo State Plane Coordinate System, distance of 5.00 feet; North 88°54'58" Easl a distance of being the Northwest Corner of said Sec- along the East line of Lot 1 of said Sec- North Zone, North American Datum THENCE South 00'48'55" East a dis- 4924,34 feet: tion 6 tion 1 a distance of 225.00 feet to the 1983/92, a distance of 5216.97 feet with lance of 58.30 feet; THENCE South 87°44'46" West North 00'48'55' West a distance of most Westerly and Northerly corner of all other bearings contained herein rata- THENCE South 89'11'05" West a dis- along the South line of said N1/2 of said 2721.81 feet: that parcel of land as described within live thereto. From said East Quarter lance of 10.00 feet; Section 1 a distance of 30.01 feet to the East Quarter Corner of said Section 6 that Warranty Deed as recorded January Corner the Northeast Corner of said Sec- THENCE North 00'48'55" West a dis- intersection with the Westerly Right-Of- North 88°54'58" East a distance of 15, 1971 in Book 639 as Reception Num- lion 1 bears North 00°48'55"West a dis- lance of 58.30 feet; Way (ROW) line of Weld County Road 4924.34 feet: ber 1560591 of the records of the Weld Lance of 2721.81 feet: THENCE South 89'11'05" West a dis- #25 (WCR#25) and being a point Thirty THENCE North 00°48'55" West County Clerk and Recorder (WCCR), feet (30') Westerly of as measured at along the East line of Lot 1 of said Sec- said document hereinafter referred to as THENCE he South N1/ West EN f 5.00 feet; along the South ilne of said N1/2 a dis- THENCE North 00'48'55" West a dis- right angles to the East line of Lot 1 of tion 1 a distance of 225.00 feet to the Doc#1. Said point being Two Hundred lance of 30.01 feet to the intersection lance of 154.87 feet to a point Two Hun- said Section 1; most Westerly and Northerly corner of and Twenty-five feet (225') Northerly of with the Westerly.Right-Of-Way (ROW) dred and Forty-five feet (245') Northerly THENCE North 00°48'55" West along that parcel of land as described within as measured at right angles to the South line of Weld County Road#25(WCR#25) of as measured at right angles to the said Westerly ROW line and being a line that Warranty Deed as recorded January line of the North Half(N1/2) of said Sec- and being a point Thirty feet (30') West- South line of the North Half(N1/2)of said 30'Westerly of as measured at right an- 15, 1971 In Book 639 as Reception Num- Lion 6; any of as measured at right angles to the Section 6; pies to and parallel with the East line of ber 1560591 of the records of the Weld THENCE North 88°54'58"East along the East line of said Lot 1; THENCE North 88'54'58' East along a Lot 1 of said Section 1 a distance of County Clerk and Recorder (WCCR), Northerly line of the aforesaid Doc#1 and THENCE North 00°48'55" West line 245' Northerly of as measured at 225.62 feet the intersection with the said document hereinafter referred to as being along a line 225 Northerly of as along said Wes'orly ROW line and being right angles to and parallel with the South Westerly extension of the North line of Doc#1. Said point being Two Hundred measured at right angles to and parallel a line 30' West,.rly of as measured at line of said N1/2 of Section 6 a distance that parcel of land as described within and Twenty-five feet (225') Northerly of with the South line of the N1/2 of said right angles to and parallel with the East of 35.73 feet; that Warranty Deed as recorded January as measured at right angles to the South Section 6 a distance of 1468.55 feet to line of said Lot 1 a distance of 22.35 feet THENCE South 01°05'02" East a dis- 15,1971 in Book 639 as Reception Num- line of the North Half(N1/2)of said Sec- the TRUE POINT OF BEGINNING: to the TRUE POINT OF BEGINNING: tance of 5.00 feet to a point Two Hundred ber 1560591 of the records of the Weld lion 6; THENCE North 01°05'0r West a THENCE 5-tuth 89°11'05' West a and Forty feet (240') Northerly of as County Clerk and Recorder (WCCR), THENCE North 88'54'58"East along the distance of 5.00 feet. distance of 5.00:•:at; measured at right angles to the South said document hereinafter referred to as Northerly line of the aforesaid Doc#1 and THENCE South 88°54'58" West a dis- THENCE Souse nil°48'55" East distance line of the North Half(N1/2)of said Sec- Doc#1. Said point being Two Hundred being along a line 225' Northerly of as lance of 1048.82 feet; of 17.35 feet; tion 6; and Twenty-five feet (225') Northerly of measured et right angles to and parallel THENCE North 01°05'(12" West a dis- THENCE South 39°11'05" West a dis- THENCE South 88'54'58"West along a as measured et right angles to the South with the South line of the N1/2 of said tance of 10.00 feet; tance of 10.00 L line 240' Northerly of as measured at line of the North Half(N1/2)of said Sec- Section 6 a distance of 409.73 feet to the THENCE North 88°54".i8" East a Ms- THENCE Nortl '0'48'55' West a dis- right angles to and parallel with the South tion 6; TRUE POINT OF BEGINNING: lance of 1048.82 feet; tance of 17.35 i line of said N1/2 of Section 6 a distance THENCE North 88°54'58"East along the THENCE North 01°05'02" West a THENCE North 01°05'02" West a dis- THENCE Soul: t•9°11'05" West a dip of 30.75 feet; Westerly extension of the North line of distance of 5.00 feet; tance of 5.00 feet; lance of 5.00 fe. .. THENCE South 00°48'55" East a dis- the aforesaid Doc#1 and being along a THENCE South 88'54'58" West a dis- THENCE North 88"54'58" East a dis- THENCE Nora ;1"48'55" West a dis- lance of 139.90 feet; line 225' Northerly of as measured at lance of 413.91 feet; lance of 611.97 feet to a point Twenty lance of 68.301. THENCE North 89'11'05" East a dis- right angles to and parallel with the South THENCE North 01'05'02" West a dis- feet (20') Westerly of as measured at THENCE Nora o°11'05" East a dis- lance of 10.00 feet; line of the N1/2 of said Section 6 a dis- lance of 10.00 feet; right angles to the Westerly line of the ranee of 5.001, THENCE North 00°48'55' West a dis- lance of 15.82 feet to the TRUE POINT THENCE North 88°54'58" East a dis- aforesaid Doc#1; THENCE Sou '>:i°48'55" East a dis- tance of 129.94 feet to a point Two Hun- OF BEGINNING: lance of 413.91 feet; THENCE North 01°45'53" West along a lance of 58.30 dred and Thirty feet(230')Northerly of as THENCE North 01°05'02" West a THENCE North 01°05'02" West a dis- line 20'Westerly of as measured at right THENCE Nor'I• :''11'05" East a dis- measured at right angles to the South distance of 5.00 feel; lance of 5.00 feet; angles to and parallel with the Westerly lance of 10.00 ' line of said N1/2 of Section 6; THENCE South 88°54'58" West a dis- THENCE North 88°54'58" East a dis- line of the aforesaid Doc#1 a distance of THENCE Non ,':'48'55" West a dis- THENCE North 88°54'58" East along a lance of 20.80 feel; tance of 1058.82 feet; 2005.18 feet; lance of 58.30 line 230' Northerly of as measured at THENCE South 00°48'55" East a dis- THENCE South 01°05'02" East a dis- THENCE North 88°14'07" East a dis- THENCE Nor, i,°11'05" East a dis- .right angles to and parallel with the South tance of 129.94 feet; lance of 5.00 feet; tance of 5.00 feet; tance of 5.00 i the Westerly ROW line of said N1/2 of Section 8 a distance THENCE South 89'11'05" West a dis- THENCE South 88'54'58" West a dis- THENCE South 01°45'53' East a dis- line of said W I. -:125 and being a point of 20.80 feet; lance of 10.00 feet; lance of 1048.82 feet; lance of 2010.24 feet; 30'Westerly or measured at right an- THENCE South 01.05'02" East a dis- THENCE North 00'48'55" West a dis- THENCE South 01'05'02" East a ells- THENCE South 88"54'58" West a dis- g es to the Easl is of said Lot 1; lance of 5.00 feet to a point Two Hundred lance of 139.90 feet; •lance of 10.00 feet; lance of 607.03 feet; THENCE Sou ,)0.48'55" East along and Twenty-five feet (225') Northerly of THENCE North 88°54'58" East a dis- THENCE North 88°54'58" East a dis- THENCE South 01°05'02" East a dis- said Westerly 1- '-1 line and being a line as measured at right angles to the South Lance of 30.75 feet; lance of 1048.82 feet; fence of 10.00 feet; 30'Westerly of measured at right an- line of said N1/2 of Section 6; THENCE North 01'05'02" West a (iis- THENCE South 01'05'02" East a dis- THENCE North 88°54'58" East a dis- gles to and par: - sith the East line said THENCE South 88°54'58"West along a lance of 5.00 feet; lance of 5.00 feet toe point on the North tance of 617.15 feet; Lot 1 a distort of 68.30 feet to the line 225' Northerly of as measured at THENCE North 88'54'58' East a dis- line of the aforesaid Doc#1 and being a THENCE North 01°4553" West a dis- TRUE POINT O1 `AGINNING. right angles to and parallel with the South tance of 423.91 feet; point 225' Northerly of as measured at lance of 2020.36 feet; Said desrri -,i parcel of land con- line of said N1/2 of Section 6 a distance THENCE South 01°05'02' East a dip right angles to the South line of the N1/2 THENCE North 88°14'07" East a dis- tains 957 Squar feet, more or lees (t) of 15.82 feet to a point on the Westerly lance of 5.00 feet; of said Section 6; lance of 5.00 feet to the Westerly line of (0.022 Acres, m.•'n or less (t)) and is ROW line of said WCR#25. Said point THENCE South 88°54'68" West a dip THENCE South 88'54'58" West along the aforesaid Doc#1; subject to any fights-of-way or other being 30' Westerly of as measured at tone of 413.91 feet; said Northerly line and being along a line Thence along the Westerly and Northerly easements as H. ..rated or reserved by right angles to the East line of said Lot 1; THENCE South 01°05'02" East a die- 225' Northerly of as measured at right line of the aforesaid Doc#1 by the follow- instruments of record or as now existing THENCE South 00'48'55" East along lance of 10.00 feet; angles to and parallel with the South line Ing Two(2)courses and distances: on said described parcel of land. said Westerly line and being a line 30' THENCE North 88'54'58" East a dis- of the N1/2 of said Section 6 a distance THENCE South 01°45'53" Easl a dis- Westerly of as measured at right angles lance of 413.91 feet; of 1058.82 feet to the TRUE POINT OF lance of 2025.42 feet; TOWN OF MILLIKEN to and parallel with the East line of said THENCE South 01.05'02" East a dis- BEGINNING. THENCE South 88°54'58" West a dis- RESOLU DON NO.05-07 Lot 1 a distance of 134.97 feet to the lance of 5.00 feet to the North line of the Said described parcel of land con- tence of 832.21 feet to the TRUE POINT TRUE POINT OF BEGINNING. aforesaid Doc#1; tains 14,827 Square Feet, more or less OF BEGINNING. Resolution 05-05 is incorporated Said described parcel of land con- THENCE South 88'54'58" West along (t)(0.340 Acres, more or less(t)and is Said described parcel of land con- herein as Resolution 05-07 with the ex- tains 2,390 Square Feet,more or less(3) said North line and it's Westerly exten- subject to any rights-of-way or other tains 36,962 Square Feet, more or less ception of the location of the property (0.055 Acres, more or less (t)) and is sion a distance of 423.91 feet to the easements as granted or reserved by (t)(0.849 Acres,more or less(t))and is which is described on Exhibit 'A' below subject to any rights-of-way or other TRUE POINT OF BEGINNING. Instruments of record or as now existing subject to any rights-of-way or other as Bernhardt Annexation#3 easements as granted or reserved by Said described parcel of land con- on said described parcel of land. easements as granted or reserved by Instruments of record or as now existing tains 5,946 Square Feet,more or less(3) instruments of record or as now existing PROPERTY DESCRIPTION on said described parcel of lend. (0.137 Acres, more or less (3)) and Is TOWN OF MILLIKEN on said described parcel of land. Bernhardt Annexation#S aubjed to any rights-of-way or other RESOLUTION NO.05-10 TOWN OF MILLIKEN easements as granted or reserved by TOWN OF MILLIKEN A parcel ut land being part of Lot RESOLUTION NO.0644 instruments of record or as now existing Resolution 05.05 Is Incorporated RESOLUTION NO.05-11 One(1)of the Northeast Quarter(NET/4) . on said doe al d wool of land. herein a Resolution 06.10 with the ex- See LEGALS on gaga tT of Section One (1),Township;Four North Resolution 05-05 is Incorporated caption of the location of the property Thursday,February 17,2005 LEGALS fro t ;g and Twenty-five feet (225') Northerly of gles b a parallel with the North line of Pag' as measured at right angles to the South said Lot 1 of the NW1/4 of said Section line of the North Half(N12)of said Sec- 31 a distance of 2000 feet to the most Resolution 05-05 is incorporated Lion 6; herein Thence along the Northerly andNortherly and runner of the as Resolution 05-11 with the exception of line of said Doc#1 by the Westerly gTwo HundredOidJ11. Serb p°iht bet Two the location of the property which is de- (2)courses and distanes: foUorwg noun West& and Twenty-five a teal angles e sorbed ion#7 on Exhibit'K below as Bernhardt THENCE North 88°54'58" East a dis- to the to d fine of�oft right M of tance of 2100.76 feet; said Section 31; EXHIBIT'1A1 THENCE North 01°45'53' West a dis- Thence along the Westerly fine of the X DESCRIPTION'A' f10N lance of 2025.42 feet to the TRUE aforesaid Crain by the tattooing Five(5) BETt DESCRIP I POINT OF BEGINNING: muses and distances: THENCE South 88'140r West a THENCE South 00'1x19' East a d - A parcel of landdistance of 5.00 feet; tance of 5246.90 fet to the Safi fine of One and Two beof the ing part of Lot THENCE South 01°45'5r East a des- Lot 1 of the W1/4 of said Section 31; Quarter (NW1/4) of(2Secion Si w(6) Hst ENCE of 02036 feet;South 88'545e- West a dis- said Sank knee distance of 0.17feet THENCE South 89°3859' West along Township Four North (T.4N.), Range farce of 617.15 feet THENCE th Sixty-six West (R.66W.), and part of Lot THENCE North 01°05'02' West a dis- tance of 137322 feet 491' East a cis- One (1) of the Southwest Quarter lance of 10.00 feet; (W1/4) and part of Lot One (1) of the THENCE North 88°5458' East a dis- tance 0(279CE .98 fe 63 et;-301301 East a de Northwest Quarter (NW1/4) of Section lance of 607.03 feetTHENCE East a ifs- Thity-one (31), Township Five North THENCE North 01°45'53' Waste astance - of 18 South feet l0 the TRUE POINT (115N.), Range Sixty-six West (R.66W.) Lance of 2010.24 feet;of the Sixth Principal Meridian(60,PM.). THENCE South 88°14'07' West a dis- OF BEGINNING. County of Weld. State of Colorado and lance of 5.00 feet Said 56 Square parcel of land con- County more particularly described as lot- THENCE North 01'45'53' Waste dis- fairs 143,156 86Aes nnFort more or lesslows: Lance of 169.36 feet subject Acres,i or ray(o)and is BEGINNING at the East Quater THENCE North 63'30'00' Neste dis- �ct b any f nor resented v by Comer of Section One (1), Township Lance of 280.00 feet to a pont Two Hun- in k of 9�te a now by Four North (T.4N.), Range Sixty-seven died and Forty-five feet(245') stets i record or of l now existing West(R.67W.)of the 6th P.M..and as- as measured at es to Westerly heEast of on said described parcel land sumig the South line of the North Half line of said L 1 ofr the SW 1/4 and Published in the Johnstown Aeene polo (N12)of said Section One (1),as bear- NW1/4 of said Section 31;ing South 87144'46- West being a Grid THENCE North 00°17'19'Westnary 17. February 24, Maud, 3 Mark Bearing of the Colorado State Plane Co- line 245 Westerly of as measured at along right 10,2005 ordinate System; North Zone, North angles to and parallel with the East hne of America, Datum 1983/92. a distance of said Lots 1 of the SW 1/4 and NWI/4of SUMMONS BY PUBLICATION 5216.97 feet with al other bearings con- said Section 31 a distance of 5396.77 DISTRICT COURT,WELD COUNTY, rained heren relative thereto. From said feet to the intersection with the Southerly COLORADO East Quarter Corner the blowing corners Right-Of-Way bear as fotbws: Road #52 (ROW)lined g County Court Greeley,CO 80632 : P.O.Box 2038, Northeast Corner of said Section 1, 3NCSouth2) and being a prim Nu Number: BO SC being6 the Northwest Coma of said also Thirty feet(30')Southerly of as measured Case Number.OSCV41,Div.1 tion Sec- aright angles to the North line of Lot 1 of North 00'48'55' West a distance of the W1/4 of said Section 31; Plaintiff: 2721.81 feet: THENCE North 89°58'13' East along TRACEY ANN KORHUIS,a4Ja Tracey East Quarter Caner of said Section 6 0d�Southerly ROW lieas and at a One A.Kortxlis,f/k/a Tracey Ann Seewald North 88°5458' East a distance of Southerly of a measured at right an- V. 4924.34 feet THENCE North 0048'55• West along the East line of Ld 1 a(said Sec- tion 1 a distance of 225.00 feet to the most and Northerly corner of that parcel�of land as described within that Warranty Deed as recorded January 15.1971 in Book 639 as Reception Num- ber 1560591 of the records of the Weld County Clerk and Recorder (NCCR), said document hereinafter referred to as Dora1. Said point being Two Hundred Hello