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Home My WebLink About20043124.tiff 4y . I n Harmony ANNEXATION IMPACT REPORT October 15, 2004 View across a portion of the property from .. the Larimer/Weld County Line. • • Timnath Reservoir Outlet Canal at the north edge of the property Annexation of Property to the Town of Timnath, Colorado by Rodney and Kathy Nelson & Paragon Partners, LLC !C -a'4 , xy de- C izij 5ej AL 2004-3124 Harmony Annexation Impact Report INTRODUCTION The following report has been prepared pursuant to Section 31-12-108.5 of the Colorado Revised Statutes(C.R.S.) and concerns the proposed annexation by Rodney and Kathy Nelson(Owners) and Paragon Partners, LLC (Applicant and agent for Owners) of the Harmony Property (Property) to the Town of Timnath(Town). The property is proposed to be annexed in one annexation comprising a total of 642.93 acres. That total includes road right-of-ways along Larimer and Weld County Roads and all of the acreage within Section 36, Township 7 North, Range 68W of the 6th Principal Meridian, Larimer County, Colorado. The Property is bounded by unincorporated farmland to the west, Larimer County Road (LCR)40 to the north, LCR 38 to the south, and LCR 1 (County Line Road)to the east. The Lake, and Timnath Reservoir Outlet Canals cross the Property. CURRENT ZONING AND USES -PROPOSED USES The Property is currently zoned FA-1 in Larimer County. Consistent with that zoning, most of the property is currently utilized for agriculture and includes the Nelson family farm,homes,paved& gravel drives and outbuildings. The concept plan for the proposed development of the Project consists of residential housing including estate housing, single family homes, town homes, patio homes and other residential lots over an anticipated 15 year build-out period with 5 phases. The Harmony concept plan features a 260 acre private golf course, clubhouse, driving range and associated outbuildings. The concept plan also calls for just over thirty-eight acres of mixed use development are proposed along CR 40 at the southwest corner of the property. Approximately 128 acres of open space accessible to the public is anticipated (see Exhibit C). An Annexation Petition for the Property was submitted to the Town of Timnath on September 15, 2004, and Town of Timnath Board of Trustees approved a Resolution (AB-2004)on October 6, 2004, acknowledging receipt of the petition for annexation for the Property and finding that the petition was in Substantial Compliance with relevant annexation statutes and setting Public Hearings related to the application. The dates,times, and place for the Public Hearings for the proposed Annexation are as follows: • Wednesday, October 27, 2004, Planning Commission: Public Hearing on Preliminary Plat and Zoning,with recommendation to the Town Board, held at 7:00 pm at the Timnath Town Hall,4100 Main St, Timnath, Colorado. • Wednesday,November 10,2004, Town Board: annexation,and zoning ordinance, held at 7:00 pm at the Timnath Town Hall, 4100 Main St, Timnath, Colorado. 1 Harmony Annexation Impact Report Advertising and notice, pursuant to the C.R.S., are being overseen by the Town of Timnath. Copies of the annexation petitions, the referenced resolution, and the published notice of the hearing, were mailed to the Larimer and Weld County Boards of County Commissioners and the County Attorneys, among others, in accordance with C.R.S. §31- 12-108. ANNEXATION IMPACT REPORT REQUIREMENTS This section is divided into the six elements that correspond to section 31-12-108.5(1(a) through (f), C.R.S. as follows: A. REQUIRED MAPS- C.R.S. §31-12-108.5(1) (a) Three maps are included as exhibits to this report as required by Subparagraph(a) of C.R.S. 31-12-108.5: Exhibit A: Annexation Maps A series of three maps related to the annexation of this property are included as Exhibit A. Exhibit B: Conceptual Utility Service Map Exhibit B outlines the utility services concept for the Property. It is anticipated that the Fort Collins-Loveland Water District will provide water service and the South Fort Collins Sanitation District provide wastewater service. Exhibit C: Conceptual Zoning Map This map identifies general land uses proposed for the subject property. A total of 515 residential units could be constructed. At the 2000 U.S. Census, Larimer County had an average household size of 2.52 persons. Should that average hold true in the Town of Timnath, the Property could generate a population of 1,298 persons at build-out of the project. Streets: Current"streets" in the Property consist of dirt or gravel roadways and driveways across fields to access agricultural land or homes and barns. Street extensions into the Property would be developed from Larimer County Roads 38 and 40. Road improvements are anticipated on the adjoining County roads due to the development of the Property. Major trunk water mains,sewer interceptors and outfalls: It is anticipated that water and wastewater services will be provided by Special Districts currently operating within the greater Timnath area. The Town will work with the Developer and Districts as appropriate to ensure that adequate services are provided to the Property. 2 Harmony Annexation Impact Report Other Utility Lines and Ditches: A portion of the Lake Canal ditch crosses the Property from north to south and the Timnath Reservoir Outlet Canal runs from north to south along much of the western boundary of the Property. Three City of Greeley water supply pipelines cross the entire Property generally along the southerly 1/3 of the property. The City of Greeley is in the process of permitting the construction of a 4th water supply pipeline across the Property. AT&T also has an easement along the easterly portion of the Property. B. PREANNEXATION AGREEMENT-C.R.S. § 31-12-108.5 (1) (b) A preannexation agreement is not required and has not been prepared. An annexation agreement is anticipated to be part of the annexation of this property. Work on a draft annexation agreement is in progress and will be forwarded to the Larimer County Attorney and other parties upon its completion. C. EXTENSION/PROVISION OF MUNICIPAL SERVICES-C.R.S. §31-12- 108.5 (1) (c) For all facilities and services, the Annexor will have the obligation to develop and install all on-site and off-site transmission and/or infrastructure facilities necessary to serve the Property with water, wastewater, stormwater facilities and services. Water: It is anticipated that the Annexor will provide a sufficient amount of raw water or water rights to serve the development of the Property per Town Ordinances and the annexation agreement. It is anticipated that water treatment and water services will be provided to the Property by the Fort Collins-Loveland Water District. The development on the Property may include a dual system for irrigation with non-potable water. Wastewater: It is anticipated that the wastewater services and wastewater treatment will be provided by the South Fort Collins Sanitation District after acceptance of all wastewater facilities as constructed by the Annexor. Stormwater: The Annexor will design and construct storm drainage facilities within the Property. Stormwater drainage may include: channels, inlets,piping, detention ponds and water quality facilities. The Annexor shall convey and manage the 100 year storm events in compliance with standards approved by the Town and included in the Annexation Agreement for the Property. 3 Harmony Annexation Impact Report Other Utilities: • Telephone service will be provided by Qwest • Electrical service by Poudre Valley REA and/or Xcel Energy (Public Service Co. of Colorado) • Natural gas service by Xcel Energy (Public Service Co. of Colorado) Service lines will be located within street or other rights of way dedicated to those purposes within the Property. Emergency Services: • Police protection will be provided by the Larimer County Sheriff's Department. • Fire Protection will be provided by the Poudre Fire Authority. Open Space/Parks/Public Land Dedication: The annexation agreement will document the public land dedications and/or fees that will meet or exceed Town standards for parks, open space, schools and other public facilities as appropriate. It is anticipated that the private golf course open space area will be used in the calculation of the open space land dedication. Streets: The proposed access to the Property will be from Larimer County Roads 40 and 38. There is no roadway access proposed to Weld County Road 13 (County Line Road). As the property develops, a collector road is proposed to the west approximately 'A mile north of Larimer County Road 38 (East Harmony Rd.). It is anticipated that the Annexor will improve both off-site- and on-site streets to urban public standards as identified in the annexation agreement. D. FINANCING SERVICE EXTENSIONS-C.R.S. § 31-12-108.5 (1) (d) The extension of municipal services into the Property will occur through one or more of the following mechanisms: 1. Development Fees, 2. Improvement Districts, 3. Developer Funds, 4. Metropolitan Districts, 5. Special Districts, 6. Impact Fees, or 7. As otherwise agreed to between the Town and the owners of the Property. 4 Harmony Annexation Impact Report E. EXISTING DISTRICTS IN THE AREA TO BE ANNEXED-C.R.S. §31- 12-108.5 (1) (e) Larimer County Treasurers office records reflect that the Property is currently subject to the following taxing authorities. Taxing District Levy Fort Collins-Loveland Water District 1. 500 Health District of Northern Larimer County 2.167 Larimer County Pest Control District 0.142 Larimer County 22.423 Northern Colo. Water Cons. District 1.000 Poudre R-1 Bond Payment 12.149 Poudre R-1 General Fund 40.347 Windsor-Severance Fire District 5.149 With annexation to the Town, one or more of the taxing entities noted above may no longer serve the Property. It is expressly intended that the Poudre Fire Authority will have fire protection responsibility for the Property, replacing the Windsor-Severance Fire District. F. EFFECT ON SCHOOL DISTRICT-C.R.S. § 31-12-108.5 (1) (f) Proposed residential and mixed use development of the Property will have an effect on attendance and capital facility needs within the Poudre School District(PSD). The annexation agreement will identify any cash-in-lieu payments required to offset the direct impacts of the development of the Property. No land has been reserved within Harmony for any school site and PSD is in the process of reviewing the potential impacts of the Harmony proposal. Using a total student generation rate of 0.80 students per dwelling unit and the construction of approximately 515 residential units, the development of the property may generate an estimated 412 students. Corresponding capital facility construction and improvements will need to be made to PSD facilities to serve these students. Successful development of the Property will increase revenues to the School District over the amount currently generated by this Property. 5 Harmony Annexation Impact Report Exhibit A: Annexation Maps 6 I • HARMONY ANNEXATION EXHIBIT A: TO THE TOWN OF TIMNATH, COLORADO ANNEXATION MAPS (3) A TRACT OF LAND LOCATED IN SECTIONS 38 AND 28, TOWNSHIP 7 NORTH, RANGE 68 WEST, AND SECTIONS 30 AND 31, TOWNSHIP 7 NORTH, RANGE 87 WEST OF THE SIJ(TH PRINCIPAL i MERIDIAN; COUNTIES OF LARIMER AND WELD, STATE OF COLORADO 646.56 ACRES I A CERTIFICATE OF OWNERSHIP N,Wi REN WE CERTIFY ROONEY L NELSON NIL KATHY L.NELSON ARE ME OWNERS OF ME PROPERTY,µ0 EACH AND ALL HEREBY CONSENT TO MIS PLAT AND JOIN N 1941 CONVEYANCE µD DEOCATIIXI Of ALL STREETS.ROADS ALLEYS.EASEMENTS,PUBLIC NAYS..WT PLACES SHORN HEREON. NKOMO - JS/ A TRACT Of LADY LOCATED IN YIg 1O X5]5 4 25,IOMRSHNORTH.7 N RANGE Y HEST,µ0 SECTIONS.MI AND II.IOVRI5X pIM P)X ,PANTY 67 NEST Of THE SIXTH PRINCIPAL MERIDIAN;COUNTIES E5 EASIER N4N� ♦ • KID NEW,STATE OF COLORADO BEING MORE PANACILAXV OESCRIKD AS FOLLOWS'. RIM I ' COMMENCING AT THE SOUTHWEST CORNER CC SECTION 16 AM CGISOERING INK MOTH LORE OF TM SOUTHWEST°DARTER OF SAID anon 36 TO HAVE AN AS91NE➢BEARING Cf 511903f311 141194 ALL OTHER WASHES 't�$_NIlMI)N1'�V/NIX 7G$]1yn -140--\-: B. -- RELATIVE THERETO. 1 p I I I \ i ' I l THENCE ALONG MD HEST LIND Of TIE SOUTHWEST 01ARIER OF SAO SECTION M M000832TE 2000 FEET 10 ME POINT OF BEGINNING. R'} THENCE CONNIVING ALONG SAP WEST HIE 6(006 JTL 361614 FEET TO THE INST WµhR CORNER OF SAID ACTIO4 36', m4) Y THENCE ALONG THE NEST UNE OF THE NORTHWEST WARIER OF SAC SECTION 36,9(0563D 1 9647.09 FEET 70 THE HORNIEST CORNER OF SECTION M: 1 \ I I i (C THENCE N00SG26'E,3000 FEET TO.A POINT ON THE NORTHER RIGHT-OF-WAY UNE OF LAMER COUNTY ROAD 40 I ( THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SAIOYN E 5,206 FEET I { 11 THENCE CONDOLING ALONG SAL NaIMEN.Y 10101 w NE N861831 MOO FEET TO A PONT ON ME EASTERLY RIGHT-Or-RAY LINE M...WIRER COUNTY ROAD SOT(RID COUNTY ROAD T3) THENCE ALONG SAO EASTERLY RGXT Cf WAY LINE,5OJ'IW 2300 FEET, THENCE CONTINUING ALONG SAC EASTERLY WOK-OF-WAY ARE SONNI31 w 5252.90 FEET TO A POINT ON THE NORTHERLY xl Cf WAY WE Cf LAWMEN COUNTY ROAD 38: THENCE ALONG SOLO N%nERLY RIGHT-fl-WAY INS SWoI JTw 30.15 FEET' - E •.. I THENCE CGRIIMRNG ALONG5ATO NORTHERLY RIGHT-Cr WAY UNE t'Net 4YW 264945 FEET: C 1 ._ �Y 1 I CONFINING XIRIG ALONG SAID NORTHERLY KENT WAY LIKE NBB'332 W EO.W I 9549.79 FEET TO THE PINT Of XG, /♦. -5-... 1 O 1 - P c SAO OESCWEE➢TRACT CM1AN5 64656 AMES(2&164,203 SQUARE FEET) MORE OR LESS AND IS SOBJECT TO THOUS-M-HAT OR EASEMENTS OF RECORD.OR THAT NOW MOST 01 ME GROUND. .r" / (Bs _. I I v . . OWNER RODNEY L NELSON AND KATHY L NELSON ) 3r. _ IJL / W'NESS THEREOF,K HAM HEREUNTO SET OUR HANDS µ0 SEALS THIS T .`DAY CE _ 4 ' ' " i MW �O\• l W ( - 1 ROONEY L NELSON NAME L.MESON • . -/ NOTARIAL CERTIFICATE �. n _ e s1Ah M cASLO s • w \ S/,'(e i COUNTY Of RID S IT 1 NIA ?N2OR449M'9'nN.,mn no4 ocVno e 9 elve me pY RopNaY L Nelsen aq Stith,'L Seism NORM <eY eN 'Nit ik \ 11 \I \ .).1:( ( uY KYu9W EMPIRES. NOTARY PUBLIC • • � p U ;� ) ) `• . IA SURVEYORS CERTIFICATE • ` 2 f IyxJ E _ ( 1'- '. JOHN STEVEN VT NEOA PLS/]1169,A DULY REGIS-TERM LAM AIPKMX W ME STATE OF CONAW,00 HEREBY CERTIFY THAT MI5 PLAT-OF HARMONY ANNEXATION WAS PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION ANO THAT THIS PLAT HAS BEEN PREPARED N COMPLIANCE NM --'��I'N'' '� APPLICABLE LAWS OF THE STATE Cr COLORADO AT M[TIME Of THIS SURVEY AM WITHIN NY CONTROL AM IS RECTORATE TO TIE EST OF MY A� ,\ _ \ \ la NNON2'DGE INFORMATION AND EUEF. i /6 e — ' 1 4 1 w 1 N DATE J\ 1 Eo I I TI -ASE JOIN S.YON AEDA r U › \ . COLORADO REGISTERED IMMESSINAL E ME :A , 'fin T `-- __ __ Y�. LAID LNIEYOR kOii '., � yN- I L. 1 . M.misn O Z VICINITY MAP PLANNING COMMISSION CERTIFICATE APPROVED THE DAY OF ,]004 BY INC TORN FLAXEN°COMMISSION.TNNAM,CCOLORADO. I APPROVED SCALE T_2000' _ PLANNING COMMISSION REPREENTATVE NOTE: CONTIGUOUS BOUNDARY = 5329.39' BOARD OF TRUSTEES CERTIFICATE TOTAL PERIMETER = 21,229.94' i I 6 OF TOTAL PERIMETER = 3,538.32' „PROVED THE_DAY OF 2004 BY THE BOARD Of TRUSTEES n1NAM,COLORADO. THIS APPROVAL IS 000ITOVm UPON ALL EXPENSES INMLANG / NECESSARY RAYYONXol MIEYRS FN ALL UTILITY SETAE5, PAVING.GRACING,LANOSCAPNG,CURES,GUTTERS,STREET uwT%STREET SONS.AND SIDEWALKS SHALL E FNANQO BY CNAIRNµ RECORDER CERTIFICATE THIS ANEXASDN MAP WAS FILED FOR RECORD IN ME"TICE OF THE COUNTY CLERK NC RECORDER OF COUNTY AT M ON TINE_DAY E x004 AT RECEPTION N0. BY: COUNTY CLERK AM RECORDER EPTYU ♦ BASIS OF BEARINGS STATEMENT iti. CONSIEARIG THE SOON LINE OF THE SOUTHWEST QUARTER OF SECTION M AS RATING AN ASSUMED BLAMING M 56P3J'JI'E(ENOS Of SAO LNE BENG MARKED AS SHORN HEREON)NM ALL BEARINGS FERMI RELATIVE THERETO. NONCE ACCORDING TO COLORADO LAN,YOU DIET COMMENCE ANY LEGAL ACTION RASED UPON ANY SECT IN THIS%NWT NINTH THREE YEARSAND AFTER YN RPM DISCOVERED SUCH DEFECT NO EVENT MAY ANY ACTON BASED IAN ANY DEFECT IN MIS SURVEY E COMMENCED MORE THAN owNER: 63NEY L,NELSON ROAD KATHY L.NELSON Consulting.E^4^•RTE• FORT E.H482 4Y RCM TEN YEARS FROM ME DATE OF CERTIFICATION SXOWI HEREON �� NOTICE. FOR ALL WF0MAn01 REGARDING TITLE APO EASEMENTS OR RIGHTS-Of-WAY E RECCIR,TOT.NC.RELIED UPON POICr NO.664-04-014FORT SR PAPS COc0 BOs2e G,,6IM CWNe R,970-482-4108 170-229-^7.l PREPARED BY ATTORNEYS'TIRE GUARANTY FUND.NC.ON MAT I9,2004 AT 4.30 P.M.THIS DES NOT CONSTITUTE A TITLE SEARCH BY TOT.NC444 0221204 EVELMERI PARAGON PARTNERS L.L.C.LLC. NO PC.4 A REGULATED M1MO PLAINS 1951 N TIE PROPERTY AEORdNG TO COMMUNITY PANELS NO.053101 019TH,DATED NGVEYER II,1993. FIE C TOW SQUARE.SUITE yUN 'AI08G$.0$1$,OOe TEL. 910-LIN5,CO 00524 NOS 24-2944 L N/A PLANNER' RIPLEY h ASSOCIATES YE T W MONEAN AVE,SUITE 703 E0 FORT COLLINS.CO 89591 9/2/2004 TEL 9)0-224-1191 M SURVEYOR/ EST INC, CONSULTING ENGINEERS ENGINEER. 746 YOWLERS WAY,RT RN 0 OF FO COwE,CD B05i5 1V - TEL.970-226-0551 I g1 6 _R9.Lg _ _ _ _=w�_ ' _ _ _ _ _. _ _ _ _ _ _ _ __ _ MAT_CHLINE SEE SHEET 3 I _ __ ___ _ �13iW II \\ • I YL 9 14 CDONER X.MXW `� \\ FOUND ID R[B.w \\ \ Ni] ILWW14 LIP T 4 ' L5 31169 RIO.RESAR \ `\\\A \ tll In RI 7% RLH %� \A III�I «<�SNICI 31 7 wl LOCATION.0 OTT or CAME? r\ ? \\\\\ \\•\ "RLps 6 0 94 21210 7 900 I pN R� WATERLINE 5 BASED ON FIELD LOCATION uPlMmcs L BY CITY `•4Ne? a a 19461 TO 94 DEDICATED PIT DE N�p Q \\ I 21l_HNIM0HYrEHNE% 779[ 1.DEVELOPMENT 626, fe2 i0nSSI L BE \\• WI VACAIEDi,94 TAN 00P 99, `�`' FI VACATED 94UL1PNEW3Vr \ I ��\y*`` � ✓ \\ '-x:1'' ),,,., VLSI RI a IA ` > II `\ III NN A b� FI II 1 \ N uC \\II L �\\\ $ 111 \\` I\\1i NN•lk N `NN I h i II 11\F �•\\ • • E. — 11 �� U AATLDL ur COY OF c¢r cr �L I \N \\\ WATERER IS BASED CIE EEL a gg R II 0 Ni„ AV LMATILN 4 azwc5 BY arY NELSON. 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Wr :. _,1 _.. i��ll I S"t:ift_bil I;Di I w Ill h 1� , 1 - -IF i PROJECT N0. f fi I r, T-01-03 k - - -•- � ... �I%r / - 8wa rwt C . Co•npl�l �.1 SGLE x•ez.r-raw RulYry Sx•a lbe �[Rr.: x. --_ v .i I �1 � � DATE 04-01-03 'I ,,, ,. i SHEETS SHEET Harmony Annexation Impact Report Exhibit C: Conceptual Zoning Map T pt 0 II oo�„o,a0 HSYNfA nil aia EXHIBIT C:u•il �niowa' il lt.. >iiiiatt CONCEPTUAL ZONING MAP salt g �§s 4 tdg a w a raiim a —\ri! ,�I !t'". ,® lye u /�� p .t4s\ suit►�y�� tss4 % lo"�/ ��i /6 st-A �►,s...:.�et mill ei. ,23. .1 ,♦ tat is a ® ®®et iiii �0`i��y�it a.--'\‘' �' .♦4 i!,�♦� .' ♦G t 4/4011:4,-'1/ ,"10)4 ten._;;;; �. �efr� �� `iotr `"''lei +/',�.,. `�� . #\I,®!1..® a le,.--- ih`P- -- �.° .. .�: au- =w'w *max,_. !+ . .,�� .,Si ili p 4 rrI ,Of �o Est. 1882 PO Box 37 4100 Main Street EXPANDED NOTICE OF Timnath,CO 80547 PUBLIC HEARINGS Oct. 17, 2004 Per Section 31-12-108 of the Colorado Revised Statutes, you are being sent an expanded notice for the project below. Project: Harmony Annexation (Case#04-02-0014) Location: A Tract of land located in Sections 36 and 25, Township 7 North, Range 68 West,and Sections 30 and 31, Township 7 North,Range 67 West of the Sixth Principal Meridian; Counties of Larimer and Weld, State of Colorado. This parcel is generally located South of Larimer County Road (LCR) 40, west of LCR 13 and north of LCR 38 (E. Harmony) and is one square mile in size. Applicants: Rodney L. and Kathy L. Nelson Summary: This proposal calls for the annexation and zoning of 646.56 acres to the Town of Timnath. Applicants propose an 18 hole private golf course, up to 515 residential units and up to 45.3 acres of mixed use development. A location map of the annexation and conceptual zoning map of the proposal are attached. Contact: Tim Katers, AICP, Town Planner Phone: (970) 635-9974 Email: tkaters(a�msn.com Fax: (970) 613-0882 Public Hearing Town of Timnath Town Board Public Hearing Schedule: Annexation, Wednesday,November 10, 2004, 7:00 pm Public Hearings will be held at Timnath Town Hall, 4100 Main St. Any comments or issues you may wish to address that are relevant to the annexation and zoning of this property would be appreciated. The Town of Timnath is referring this to you for your comments related to Annexation and/or Zoning of the property. Please reply by the above date so that we may give full consideration to your comments. If you have any questions regarding the application,please call the contact listed above. Phone: (970)224-3211 FAX: (970)224-3217 www.timnathcolorado.org a This notice and attachments sent to those identified with an X below. City of Fort Collins X South Fort Collins Sanitation District Town of Windsor Boxelder Sanitation District Town of Severance Natural Gas and Electricity,Xcel Energy Larimer County Planning Office Electricity,Poudre Valley REA Weld County Planning Department Telephone, Qwest Communications X Poudre Fire Authority TV Cable,AT&T Broadband Larimer County Sheriffs Office Timnath Post Office Timnath Elementary School X Fort Collins/Loveland Water District CDOT Colorado OAHP Colorado Geological Survey Heritage Alliance/Cache la Poudre Corridor Colorado Division of Wildlife Burlington Northern Santa Fe Railway Colorado Water Conservation Board Lake Canal Reservoir Company/Cache la Poudre Reservoir Company Colorado State Land Board X Larimer County Commissioners Property owners X Poudre School District X Weld County Commissioners X Larimer County Attorney X Weld County Attorney X Health District of N. Larimer County X N. Colorado Water Conservation Dist. X Windsor/Severance Fire District Phone: (970)224-3211 FAX: (970)224-3217 www.timnathcolorado.org TOWN OF TIMNATH NOTICE OF PUBLIC HEARINGS ON ANNEXATION AND ZONING NOTICE IS HEREBY GIVEN that, by Resolution No. AB-2004 adopted by the Board of Trustees of the Town of Timnath on October 6, 2004, a public hearing will be held commencing at 7:00 p.m. on the 10th day of November, 2004 at the Timnath Town Hall, Timnath, Colorado located at 4100 Main Street, Timnath, Colorado for the purpose of determining and finding whether the area described in the following resolution, which is proposed to be annexed to the Town, meets the applicable requirements of the Municipal Annexation Act of 1965 and of the Colorado Constitution and is considered eligible for annexation to the Town of Timnath. At the same hearing, the Board of Trustees shall also consider the zoning of the property subject to annexation. Any person interested may appear at the public hearing and be heard. The Timnath Planning Commission will hold a public hearing on the proposed zoning for the property and consider its recommendation on the annexation at 7:00 p.m. on October 27, 2004, at the Tinmath Town Hall. A copy of the Petitions initiating the annexation and zoning proceeding is on file in the office of the Town Clerk of the Town of Timnath, Colorado located at 4100 Main Street, Timnath, Colorado. Dated this day of October, 2004 To be published on October 9, 16, 23 and 30, 2004. Linda Thompson, Town Clerk TOWN OF TIMNATH RESOLUTION NO. AB-2004 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF TIMNATH FINDING AN ANNEXATION PETITION SUBMITTED BY KATHY NELSON AND RODNEY NELSON TO ANNEX APPROXIMATELY 642 ACRES PLUS ADJACENT RIGHTS-OF-WAY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF LARIMER COUNTY ROADS 13 AND 38 SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF SECTION 31-12-107 (1) , C.R.S. AND SETTING A PUBLIC HEARING ON THE PETITION TO CONSIDER ANNEXATION OF THE PROPERTY WHEREAS, the Municipal Annexation Act of 1965 ("the Act") provides that a municipality may accept petitions for annexation of property upon finding substantial compliance of the petitions with the Act and annex such properties separately or in a series considered together; and WHEREAS, the Town has received a Petition for Annexation, which Petition is attached hereto as Exhibit A and incorporated herein, to annex the property described in said Petition to the Town of Timnath; and WHEREAS, the Petitioner had previously submitted an Annexation Application and is negotiating an Annexation Agreement as required by Section 13.5 of the Town's Land Use Code; and WHEREAS, the Town must set a public hearing to determine if the proposed annexation complies with the Act and Article 13 of the Timnath Land Use Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF TIMNATH, COLORADO: Section 1. The Board of Trustees finds that the Petition for Annexation attached as Exhibit A, is in substantial compliance with the requirements of Section 31-12-107 (1) , C.R.S. and Article 13 of the Town's Land Use Code and the annexation proceedings to consider the annexation of the properties described therein to the Town of Timnath have been initiated. Section 2. A public hearing is set for a regular meeting of the Board of Trustees on November 10, 2004, at 7:00 p.m. at the Timnath Town Hall, 4100 Main Street, Timnath, Colorado to determine if the proposed annexation complies with the Municipal Annexation Act of 1965 and the Timnath Municipal Code, and determine whether the property will be annexed to the Town of Timnath. Section 3. The Town Clerk shall give such notice as required by law and the Town staff shall revise and deliver the annexation impact report as required by law. PASSED AND ADOPTED this 6th day of October, 2004. NOTE: The legal description attached to the Annexation Petition follows. A copy of the Annexation Petition is available at the Timnath Town Hall. A TRACT OF LAND LOCATED IN SECTIONS 36 AND 25, TOWNSHIP 7 NORTH, RANGE 68 WEST, AND SECTIONS 30 AND 31, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTIES OF LARIMER AND WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 36 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36 TO HAVE AN ASSUMED BEARING OF S89°33'31"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36, N00°06'32"E, 30.00 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID WEST LINE, N00°06'32"E, 2, 618.14 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36, NOO°06'35"E, 2, 647.89 FEET TO THE NORTHWEST CORNER OF SECTION 36; THENCE N00°20'26"E, 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LARIMER COUNTY ROAD 40; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE S89°25'00"E, 5,289.24 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE N86°15'31"E, 31.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LARIMER COUNTY ROAD 901 (WELD COUNTY ROAD 13) ; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, S00°11'00"W, 32.08 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, S00°00'31"W, 5,252.20 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF LARIMER COUNTY ROAD 38; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S89°01'33"W, 30.15 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N89°33'48"W, 2, 649.45 FEET; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, N89°33'31"W, 2, 649.79 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED TRACT CONTAINS 646.56 ACRES (28, 164,200 SQUARE FEET) , MORE OR LESS AND IS SUBJECT TO RIGHTS-OF-WAY OR EASEMENTS OF RECORD, OR THAT NOW EXIST ON THE GROUND. OCT-18-2004 08:31 UAUGHT FRYE ARCHITECTS 970 224 1662 P.01/05 PETITION FOR ANNEXATION (Nelson Property) TO: The Hoard of Trustees of the Town of Timnath, Colorado The undersigned owners of more than fifty percent (50%) of property proposed to be annexed, exclusive of streets and alleys, which property is described in Exhibit "A", attached hereto and made a part hereof, hereby petition the Town of Timnath for annexation of the property described in Exhibit "A" (the "Property") , in accordance with the provisions of Part 1 of Article 12 of Title 31, C.R.S . In support of this petition, petitioners state: 1. It is desirable and necessary that the Property be annexed to the Town of Timnath. 2 . The requirements of the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. exist or have been met. 3. Not less than one-sixth of the perimeter of the Property is contiguous with the Town of Timnath. 4 . A community of interest exists between the Property and the Town of Timnath. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or capable of being integrated with the Town of Timnath. 7. In establishing the boundaries of the Property, no land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road or other public way. 8. No land held in identical ownership comprising twenty (20) acres or more which has a valuation for assess- ment in excess of Two Hundred Thousand Dollars $200, 000.00) for the preceding tax year has been included in the r-• boundary of the Property without the written consent of the landowner. 1 • 9-29-0. - Timnath Group/Annexation Petition/Nelson Property/Redline of Petition 9-29-04 (JAM) OCT-18-2004 08:32 URUGHT FRYE ARCHITECTS 970 224 1662 P.02/05 • 9. The boundaries of the Property to be annexed includes the full width of any county road abutting any of the property to be annexed. 10. None of the Property to be annexed is within Weld County or any other county other than Larimer County, except for the right-of-way for County Line Road abutting the east side of the Property. 11 . No annexation proceedings have been commenced for the annexation of all or part of the Property to another municipality. 12. Annexation of the Property will not result in the detachment of area from any school district or attachment of area to another school district. 13. Prior to the hearing before the Board of Trustees on whether to annex the Property, the Property Owners and the Town shall have entered into an annexation agreement which shall govern and control the development of the Property within the Town ("the Annexation Agreement") . Annexation of the Property shall be made subject to all of the terms and provisions of the Annexation Agreement. 14 . Subject to the terms and provisions of the Annexation Agreement, upon the effective date of the Annexation Ordinance, all lands within the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town of Timnath, except for general property taxes of the Town of Timnath, if any, which shall become effective on January 1st of the next succeeding year following passage of the Annexation Ordinance. 15. Petitioners are owners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent (50%) of the landowners of such area, and are, in fact, owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys and said owners attesting to the facts and agreeing to the conditions herein will negate the necessity of an annexation election. 2 9-29-04 - Timnath Group/Annexation Petition/Nelson Property/Redline of Petition 9-29-04 (JAM] OCT-18-2004 08:32 UAUGHT FRYE ARCHITECTS 970 224 1662 P.03/05 r.. 16. Accompanying this petition are four copies of an annexation map showing the seal of a registered engineer or land surveyor, containing: a. A written legal description of the boundaries of the Property proposed to be annexed; b. The boundary of the Property and the boundary of the Property contiguous with the Town of Timnath and any other municipality abutting the Property; c. The location of each ownership tract of unplatted land, there being no platted land on the Property; d. The total acreage, more or less, of the Property; e. The total length of the perimeter of the boundary of the Property and the length of the boundary of the Property contiguous with the Town of Timnath; ', f. The width of any county roads abutting the Property. 17. No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place. . 18 . The area proposed to be annexed is located within: Larimer County, Poudre Valley School District, Poudre Valley Fire Protection District, and the South Fort Collins Sanitation District. 19. The mailing address of each signer, the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition. 20. The territory to be annexed is not presently a part of any incorporated town, city and county, or city. fm` 21 . Petitioners understand that the Town of Timnath does not provide municipal water and sewer services. 3 9-29-04 - Timnath Gcoup/Mntxation Petition/Nelson Ptopecty/Redline of Petition 9-29-04 (JAM) OCT-18-2004 08:32 VRUGHT FRYE ARCHITECTS 970 224 1662 P.04,05 Failure to provide such services to the Property shall not be cause for disconnection of the Property at any future time. 22 . No vested rights to use or develop the Property in any particular way, as defined in Section 24-68-101, et seq. ,C.R.S. have been requested by Petitioners from any governmental entity, other than those requested and included in the Annexation Agreement. Petitioners waive any vested land use rights attached to any or all of the Property, except as specifically set forth in the Annexation Agreement. 23 . The Property Owner shall pay all fees and costs incurred by the Town in processing this annexation petition through the annexation hearing before the Board of Trustees. 24. In the event the Property is annexed to the Town and conveyed to a governmental entity within ten years of such annexation, this Petition shall constitute an application to the Town for disconnection by the Property owner and the Town, in its discretion, may determine to disconnect the Property as provided by C.R.S. 31-12-501, et seq. , as amended. 25. The petitioners acknowledge that upon annexation of the Property to the Town, subject to the terms and provisions of the Annexation Agreement, the Property, the owners thereof, and uses thereon will be subject to all taxes and fees imposed by the Town. The Property, the owners thereof, and the uses thereon are also bound by any taxes imposed and voter authorization under Article X, Section 20 adopted prior to annexation of the Property. The petitioners waive any claims they may have under Article X, Section 20 of the Colorado Constitution related to such taxes and fees. 26. The petitioners shall have the right at their sole and absolute discretion to withdraw this Petition for Annexation at any time prior to the commencement of a vote by the Board of Trustees of the Town of Timnath at the Annexation hearing on whether to annex the Property to the Town of Timnath. 4 9-29-01 - Timnath Group/Annexation Petition/Nelson Property/Redline of Petition 9-29-04 (JAM Hello