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Home My WebLink About20042157.tiff ANNEXATION IMPACT REPORT for ALTAMIRA ADDITION #1 PROPERTY July 17, 2004 11111111111111 tot- r r r v st' ,V4r y�v u ,{ m'` yi,,.it,,Pz Views of the subject property Annexation of property to the Town of Lochbuie, Colorado by: WEN 37 Holdings,Inc. • (o . u l' 2004-2157 07—a&- o y no ; Ci�I, SO Altamira Addition#1 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 WEN 37 Holdings,Inc.(Annexor)of certain real property known as Altamira Addition#1 (Property)to the Town of Lochbuie(Town). The property proposed for annexation comprises a total of 21.045 acres more or less.The Property is integral to the overall Altamira annexation currently being reviewed by the Town of Lochbuie. The southern boundary of the Property abuts the Tagawa Greenhouse property. To the east,the Property is bounded by Weld County Road(WCR)37 and the north and west portions of this proposed annexation are bordered by land owned by WEN 37 Holdings,Inc.The conceptual development proposal as outlined on the Conceptual Plan Map(Exhibit C)includes both the Altamira and Altamira Addition#1 property. The property currently is part of the David Wenzel farm and includes the farm residence, associated outbuildings and agricultural lands. CURRENT STATUS The Property is currently zoned A-1 (Agriculture)in unincorporated Weld County and current uses are agricultural. In connection with the annexation,the Annexor has requested PUD Mixed Use Planned Unit Development zoning for newly annexed areas per the Town of Lochbuie Code(Ordinance 326). A Conceptual Plan Map(Exhibit C)is attached showing possible layouts of roads and lots. The Conceptual Plan proposes an average of up to 6 dwelling units(DU)per acre. An Annexation Petition for the Property was submitted to the Town of Lochbuie on June 30, 2004 and the Town of Lochbuie Board of Trustees approved a Resolution of Substantial Compliance on July 7,2004,acknowledging receipt of the petition for annexation for the Property,finding that the petition was in substantial compliance with relevant annexation statutes, and setting a Public Hearing related to the application. The date,time,and place for a Planning Commission Hearing on Zoning of the Property,and for the Town Board Public Hearing on both the proposed Annexation and Zoning are as follows: • Tuesday,July 27,2004,Planning Commission:Public Hearing on zoning; and recommendation on annexation to the Town Board,held at 7:00 p.m. at the Lochbuie Town Hall, 152 Poplar St.,Lochbuie,Colorado. • Wednesday,August 18,2004,Town Board: Public Hearing on annexation and zoning, held at 7:00 p.m. at the Lochbuie Town Hall, 152 Poplar St., Lochbuie,Colorado. Advertising and notice,pursuant to the C.R.S.,are being overseen by the Town of Lochbuie. Copies of the annexation petition,the referenced resolution,and the published notice of the hearing were mailed to the Weld County Board of County Commissioners and the County Attorney, among others, in accordance with C.R.S. §31-12-108. 1 Altamira Addition#1 Annexation Impact Report 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 Map This map shows the property boundaries in relation to current Town boundaries.It is anticipated that the annexation of the Property will occur in sequence in order to achieve contiguity. The Altamira Annexation is anticipated to be completed prior to the annexation of Altamira Addition #1. Exhibit B: Conceptual Utility Service Map Exhibit B shows the existing utility services(including major water trunk lines and sewer lines), and major roads,and ditches,located near and on the Property. After the annexation is complete, the extension and provision of municipal services to the proposed development would be implemented in accordance with the terms of the annexation agreement to be negotiated between Annexor,the Town and any other appropriate agencies. Streets: Current"streets"on the Property consist of dirt or gravel driveways across fields to the residence and outbuildings. Street extensions into the Property would be developed from Weld County Road 37. Improvements to County roads may be necessary in conjunction with the development of the Property. Water,Sewer,Electric Transmission and Ditches: Existing trunk water mains and sewer interceptors and outfalls are located in the intersection of Weld County Roads 4 and 37(Exhibit B). Water and sewer lines could be extended into the Property along WCR 37. An east-west electrical transmission line is located approximately'A mile north of the property. Exhibit C: Conceptual Plan Map This map presents the residential development that is generally proposed for the Property and the larger Altamira annexation of which the Property is a part. Total area of the Property is approximately 21 acres and is highlighted on the Exhibit. WEN 37 Holdings, Inc. proposes an average density of 6 DU/acre. Table 1: Population estimate* Dwelling Units Population Altamira Addition#1 126 305 Altamira 1,410 3,412 Total: both annexations 1,536 3,717 * Avenge household size of 2.42 persons. 2 Altamira Addition#1 Annexation Impact Report B. ANNEXATION 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 of annexation agreement is in progress and will be forwarded to the Weld County Attorney and other parties upon its completion. C. EXTENSION OF MUNICIPAL SERVICES-C.RS. §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 Town will provide water treatment and water services to the Property. 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. Wastewater: It is anticipated that the Town will provide wastewater services and wastewater treatment to the Property after acceptance of all wastewater facilities 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 event in compliance with standards approved by the Town and applicable Districts. Other Utilities: • Telephone service will be provided by Qwest • Electrical service by United Power • Natural gas service by XCEL Energy 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 Town's Police Department. • Fire Protection will be provided by the Hudson Fire Protection District. 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. Streets: The proposed access to the Property would be from Weld County Road 37 and from roads to the north and south as other land adjacent to the Property is developed. It is anticipated that the Annexor will improve both off-site(as identified)and on-site streets to urban public standards as identified in the annexation agreement. 3 Altamira Addition#1 Annexation Impact Report 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.Impact Fees,or 6. As otherwise agreed to between the Town and the owners of the Property. E. EXISTING DISTRICTS IN THE AREA TO BE ANNEXED- C.RS. §31-12-108.5(1)(e) The Weld County Treasurer's office records reflect that the Property is currently subject to the following taxing authorities: Taxing District Ames Junior College District 6.316 Hudson Fire Protection District 3.318 CCW Water District .871 Central Colorado Water Conservation District 3.850 Weld County School District RE-3(j) 39.500 Weld County Library District 3.249 Weld County Administration 20.056 With annexation to the Town, one or more of the taxing entities noted above may no longer serve the Property. F. EFFECT ON SCHOOL DISTRICT RE-3(j)-C.R.S.§31-12-108.5(1)(f) Proposed residential development of the Property will affect attendance and capital facility needs within the Weld County School District RE-3(j). RE-3(j)is in the process of reviewing and commenting on the potential impacts of the proposal. A student generation rate of 0.645 students per dwelling unit has recently been proposed for the RE-3(j)District. Based on the Annexor's proposed density the Property would generate: Altamira Addition#1 > 6 units/acre x 21 acres: 126 DU could generate an estimated 81 students Impacts of the annexation of the Property,however,must be considered in conjunction with the annexation of Altamira. Together these two annexations total 256 acres and a combined school impact could be as shown below: Combined Altamira Annexations > 6 units/acre x 256 acres: 1,536 DU could generate an estimated 991 students 4 Altamira Addition#1 Annexation Impact Report Capital facility construction and improvements would need to be made to RE-3(j)facilities to serve the new students. The annexation agreement will identify any land dedications or cash-in- lieu payments to offset the impacts of the proposed development. Successful development of the Altamira property will increase revenues to the RE-3(j)School District over the amount currently generated by the Property. Respectfully submitted, Tim Katers,AICP Lochbuie Town Planner 535 W. 3r°Street Loveland, CO 80537 (970)635-9974 tkaters@msn.com 5 ANNEXATION PLAT' TO THE TOWN OF LOCHBUL • A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN EXHIBIT A COUNTY OF WELD, STATE OF COLORADO ANNEXATION MAP/r/s/c . 7 ,e/r et// e .. EAST 1/4 CORNER SEC11011 25/10, 1.7';;- !J t FOUND 2 PPE MTH M S i 3 1/1•Awb1MS CAP •40 1 LS 12005'1995•,IN RANGE BOX , RE. `,r\ t ) J6 $ qp/may- �- SE 1/4 % 'sill -..y \J '....Z\ •Pee i - - SEC 25ig -f OwN iE�. FE11 v 7// / ,N89zo of 1Y////1290 48'////// 0IA „.a HC AN&4JN6N R % kz ,ici_ . �c } q, @4.43.& 0111G13T.u..il7C_ s w M ,.-'`''''.'44"1:— v...?. :rvk ° p ref • E 1L _' i ` ; ' > '• 100 Su ELT AO?EZrt l . 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ROAD 4 N RANGE BOX A _ I - RI PI s•11513 �/J LA/ �I } i /////////// I _ 7 -roe _ / i t v / c r® O raw —- _ DI I I I I LOONMOm rAmen 1 / / /v L I NM�OPApNI A I I I %•,.m, • I I /Y'/ \ \,\ I 1 . 1 I I I I I I I I7 � _ Cat MO RECM9U,S CERTIFICATE 1 MY plot Y.c 14 le IRp h 0*glib of ex bat and Rapes of Mad Counts I Calera 10 a al w R4441004 Na ____22..m eat _M'al NOTES: DESCRIPTION •. CLEAR MO RECORDER ii I.BAR OF 1EIAKS s1 h RwmM tt.t 0a Ma bit-2F.NICeNO �, yE Rap/Mpyy Bplye.LOWS SSW m bee m en seemly M.N W smNsl 0es1.a mctsn 25,Wahl.I'St. rwrds.h M OM County OM N RmiMr'e one.. �' N a`DR[itp RmEe.N M N the SIM M1h0ryl Wlbb a mmetmlN by e 2-I/e'411Nam q Nines.R4 12400 - DEPUTY r.n1l .,...............,•r 0.nM.0 aM dowel PLS 20437 M IM WNMR Ogle vans. ' YfNO beck.NNth onr r Fist LEGEND lM2TA is Ytmo.M.ptfooeR 2 AY bweulM NN Y brM co Recorded E.mgUn Ns 1.71-SY.-RE30N.RD nap W w pebntl m9MO MOTS CF NC 1004 OF lOMMIE h p.4 oa r N MD WL ��/// r TOTAL opNSERII.IBN.tY BELO CO.WLQIMD In TOTAL POMOIER.UTAT N?�1 MEvlilaRM �pA7r f(Y NNR AC COST'S A QlNI00 LAW 1W Wa CO SO=MR HEW ACTION SAM DRAFIOYLIN COITNWM ro CORING TON 6 LaLIRIRE-U]Lm I 1111 i imminency N PO ow row RC*,n//IA You NINE oROUR 1101 DATEI0 AY' I ODECL M so ETON MAY NIY AC,M USD WON ANY ROUT M IC WNt7 N !Ai ICEL1l10 1 54 I COMmC WYE OA TER TEAS FEW 1.E MR O CNIM141Ia1910M1 WRECK OOIOEC1 NM/04 IrLG NEC 1012 9NFi I / MOR 7 OF 1 t I ANNEXATION PLAT TO THE TOWN OF .LOCHBUIE A PARCEL OF LAND IN THE SOUTHEAST QUARTER OF SECTION 25, EXHIBIT B TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN CONCEPTUAL UTILITY //�j� ��/ ////CCOOODUNTY OF WELD, STATE OF COLORADO /eity��///��//j /%/��%��%��llj%/��,":EAS�4��N25/ SERVICE MAP R 7 : FOUND z• PIPE NTH ,,, 2 J I/44 ALULRMW CAP " L.S. 12405 1998', IN RANCE BOX 94 J Ilk'''. ` ) f 1 SE 1/4 L ; s Y SEC 28 yyy i • oyN _may a7 %//////.NeBso'ot•�1�////.1�99.es////// • c.„v , � i I —wl d�1,�d111Ti7�NC.. / ..x 1. . l A_Ea Titmaiigc,i7y GTII . e l' T I Matti "L i1Ti aIpli il,_0DR_7. 8 1.4LA PROPOSED WATER& 'r ' - '„ I 'N:-Jt I wnoH Na 1471-25-4-M2988 WASTEWATER EXTENSIONS rw �. .4 I I id 3 AREA=21,048 ACt �... -_. '¢ ,4 I a UNPLATTED I U. OWNERS: WENZEL, DAVID PAUL 1I t. VICINITY MAP ! 1353 CR 37 8 S00m23.03'W ' z mMLR3a•R CIRTmaTE 1 I 30.12/ N8�$0'0)'W'/&E77.2SV/ BRIGHTON, C 0. 80603 I Slew.L.smith,a^.+T NN•ua I am a Ryw.e law sways kenos,n.0 m. �a —— 8YS Is a aJ sbb a Ctlaah BM n:Y sal Man shown-a.* Y e went asAWwn el the ro w Mw.m yso4 a bar ear pot I lot aw-wa(f M)a ex onM.a eonear 1 58950'25•E 1948.04' SOUTH + I8O1 CORNER SECTION 25 Ma •aaRwaa w n. t 6.mMr N uad I M caa,�,a.«a Ni.2T,C"� // : W / °r<IIa n Nn....^.w G.EMM Mw 0o r h,1.n'+a yyn"fer el S FOUND 2•ALUMINUM CAP IN to 4OY_y / RANGE BOX STAMPED PLS 25957 OY� y.,tf i 1 I anD Gin mazeeprwN_ 1 I RR,VT]FYR!-»Bhe_AI4._ / I lit—e. !'7 3 5:w - i p.\\ LNYLATrur, a•,,,w .. PRIME 2 / InAikei11i: TASa1,1A I BuBnIVI8im1 / 8;1?RMiIOlLB 1i,1G. n 1DIIIM CIlJM•B CERTIFICATE 11 TIEMP RN H0. :ens j GRAPHIC SCALE cole,en, ub Ine1TLNI nt L. Y 1 me I�GJz19 INCH 4 a.,Clerk 1^e wan:,a L0.c nnn.T/ A15iTTI1N. L"0, 3SJc'1LI1 Annexation cm approved by the Town cc:Mail el the Tom Di Laentuie. Colorado. eR amwae w. a n•u n.a copy al.n in I.nmren) / $. 1 w w I Ines, mnleh am^see•hew*aleoil.e oe _. A.p. Ill, /, o (unnl U I trick= T it. TOM CLERK IM DATE ;I / 3 )1,/ I/ ///Y./ /�/ 121.10�mgnsas plat le swot w DM a:el Is no{n ADe To•n Cont.Ion of LOMnae, LOT A T144OMORCLEM II i II e2RWnMr lewd aWlS tlfiux ARMIN SOUTH 1/4 CORNER SECTION 25 I NRM Rea 4 FOUND 3 1/4' ALUMINUM CAP IN I IMPralt ea maw NEST—EAST 1/64111 CORNER SECITON 25 SOUTHEAST CORNER SECTION 25 I RANEE BO%STAMPED PL5 12405 FOUND 2'ALUMINUM CAP FOUND A ALUMINUM CAP 1 IN RANGE BOX STAMPED KS 25937 MELD G7� ROAD 4 RN RANGE BOX ,,JJ 4/ L al a a I m : .: o TAMPFn P15 115t] ////////// _ _ _ _ / /,�' / As : I.ODXWOm FAAMO - - tlNMWI PARMOI G y I EXISTING WATER& �i I I I //////7 WASTEWATER SERVICES CLERK MO RECCRDER'R CERTIFICATE RN pool le Doped for BFR in the Of Mee el Ne OM ow Rorer of WMG Cant]. Colombo.at_ _0 tlak —N..M VW____pit al N__. RnT1tn No ___ __. NOTES: DESCRIP11ON CLEW NO RECORDER I.BM 6' em her: Let A.Newt.]Ea C No 14]1-1h4-eE2000 BMW them hereon Ye bawd w the dNo. fine of um dby t21/4 d tl LGtln]3,1bwNp I North. w•a'wba N IM Weld County Coo wed Recorder's dRu 11 Rags d6 West el IM]FN oNKso MM.IT.O T.04a.Southeast pT a J-1/1 aluminum cop elanMa PLR 12406 DEPUTY at the EM 9aaNr Cner WO w a 2'tlanAwn CM MIMN R9 2363]at the We :a Quarto ewnn. ' loam.Nan 0927421 Ent LEGEND LOT/� A E�Ma l% 1,31W2.TIN enneoln get le eased w Navas Exemption Na M q winterne]1-20-4-RE2006.NO FIELD t e interne V////43N 'ENsC LAOS fi 1M 10M1 Of LpNWrt in wwwNNn a we plat TOTALGW1fICO 52.6_19' WELD CO.WQfMO la TOTAL PERIMETER.ROOS I I•�• REVISIONS DATE IT i NOME ACCORDING 19 CQ00.00 LAW KV MOST MIMENCT MY LEGAL AC ON BARD PLIIIMEIER CWIWVPA 10 EXISTING TORN OF LWWVIE 13JR1] w UPON PAY DEFECT W MS RIMY MOM RC AMR MIEN YOU FIRST DISWHR AN]I Aild mum 0 BY: GOUT NO PENT MAY MY ACRON RASED UPON MY COECT M MR AMHY EE A04 M I NCO=BY:.IM COLMENCED MORE RVM RN YEARS FIRM M DATE OF CERTIFICATION MOWN HEREON. DATE: R/1]/M FILE:AMEX LO@ SHEET 1 OR 1 PRD4ECT ND:2w269] I — —_ EXHIBIT C / J---- ___,........,N---...._N.: \ \ CONCEPTUAL PLAN MAP / jz-itoPeinilMil ; • i \ i ! / ® , - 7 I ,i �� ; c Ifemme.�. It ; ALTAMI & Ago 1 t . 11 \j , Y �; { 1 i QtàC _, / / _ \ / 1.. I kIiiiimo :1�►, I3 s /� / o \I ♦ •-_ - - - - - .40 �d n aim. ii Lochbuie, Colorado x�.,_ , .m zoo Ko Ica 1 •/ The Bromle•5••31 vies pimple &AMo ____ __ ii tree rad Wien CO 80110 juxw rr TOWN OF LOCHBUIE 703 WCR 37 LOCHBUIE, CO 80603 EXPANDED NOTICE OF . PUBLIC HEARINGS to be held on August 18,2004 Per Section 31-12-108.5 of the Colorado Revised Statutes, you are being sent an expanded notice for the project below. The Town of Lochbuie has been approached to annex 21.045 acres of land north of Weld County Road 4,just west of Weld County Road 37. Project: Altamira Addition#1 Annexation Location: Generally, a portion of Section 25, Township 1 North, Range 66 West of the Sixth Principal Meridian; County of Weld, State of Colorado. Applicants: WEN 37 Holdings, LLC, John Spillane Summary: The proposal consists of 21.045 acres and associated rights-of-way generally located north Weld County Road 4 near and adjacent to the Lochbuie Town Limits. The proposal calls for residential and public uses. A map of the proposed annexation is attached. Contact: Tim Katers, Town Planner Phone: (970) 635-9974 Email: tkaters@msn.com Fax: (970) 613-0882 Schedule: Town of Lochbuie Town Board Public Hearing Annexation and Zoning, Wednesday, August 18, 2004; 7:00 pm Meetings and Hearings will be held at Lochbuie Town Hall, 152 Poplar St. This mailing includes a copy of the resolution of substantial compliance by the Lochbuie Town Board and the Annexation Petition by WEN 37 Holdings, LLC. Any comments you may wish to make relevant to this request would be appreciated. If you have any questions regarding this annexation proposal,please call the contact listed above. 0 0 IL / f "/, _�i TOWN OF LOCHBUIE RESOLUTION NO. 2004-23 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE FINDING SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF SECTION 31-12-107 (1) , C.R.S. OF AN ANNEXATION PETITION FILED BY DAVID P. WENZEL INITIATING ANNEXATION PROCEEDINGS FOR ALTAMIRA ADDITION #1 AND ESTABLISHING THE DATE AND TIME FOR A PUBLIC HEARING TO DETERMINE COMPLIANCE WITH THE ANNEXATION ACT, FOR THE ANNEXATION OF APPROXIMATELY 21.048 ACRES OWNED BY DAVID P. WENZEL. 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 LOCHBUIE; and WHEREAS, the Town must set a public hearing to determine if the proposed annexation complies with the Act. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, 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 the annexation proceedings to consider the annexation of the properties described therein to the Town of LOCHBUIE have been initiated. Section 2 . A public hearing is set for a regular meeting of the Board of Trustees on August 18, 2004, at 7 : 00 p.m. at the LOCHBUIE Town Hall, 152 Poplar Street, LOCHBUIE, Colorado to determine if the proposed annexation complies with 1 the Municipal Annexation Act of 1965 and the LOCHBUIE Municipal Code. 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 7th day of July, 2004 . Clyde Mayfield, Mayor ATTEST: Nikki John, Town Clerk 2 EXHIBIT A PETITION FOR ANNEXATION (PROPERTY KNOWN AS ALTAMIRA ADDITION 1) TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO The undersigned landowner (hereinafter referred to as "Petitioners") being more than fifty percent (50%) of the area, excluding public streets and alleys, and being more than fifty percent (50%) of the landowners of the area to be annexed, excluding public streets, and alleys and any land owned by the Town of Lochbuie, and in accordance with the provisions of Chapter 306, Colorado Session Laws, 1965, and known as the Municipal Annexation Act of 1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for annexation to the Town of Lochbuie the following described unincorporated territory situate and being in the County of Weld and State of Colorado, to-wit: See attached Exhibit A. Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of Lochbuie, Colorado. 2. That the territory sought to be annexed to the Town of Lochbuie meets the requirements of Sections 31-12-104 and 105 as amended, of the Municipal Annexation Act of 1965, in that: a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Lochbuie, Colorado; and the contiguity is not established by use of any boundary of an area which was previously annexed to the annexing municipality, that was not contiguous at any point with the boundary of the Town of Lochbuie and was not located more than three (3) miles from the nearest boundary of the Town of Lochbuie, further contiguity is not established by use of any territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie, Colorado. c. That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie, Colorado. 3 d. That no land in the territory sought to be annexed which is held in identical ownership whether consisting of one tract or parcel of real estate, or two or more contiguous tracts or parcels of real estate divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. To the extent that this Petition divides any such tracts or parcels into separate parts or parcels, Petitioner hereby consents to such division. e. That no land in the territory sought to be annexed, which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty (20) or more acres (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of$200,000.00 for ad valorem purposes for the year next proceeding the annexation) shall be included in the area to be annexed without the written consent of the landowners, unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. f. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. g. The annexation of the territory proposed to be annexed shall not result in the detachment of area from any school district. h. The annexation of the territory proposed to be annexed will not require extending the municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in one year. i. In establishing the boundaries of the area proposed to be annexed if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. 3. The Petitioner comprises the landowners 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 in the area proposed to be annexed, excluding public streets, alleys, and any land owned by the Town of Lochbuie. 4. That submitted herewith are four (4) prints of the annexation map, containing a written legal description of the boundaries of the area proposed to be annexed, together with the location of each ownership within said area and the contiguous boundaries of the existing city limits and the dimensions thereof. 5. In the event that an Annexation Agreement satisfactory to Petitioner and the Town of Lochbuie, Colorado is not agreed to on or before the date of the second reading of the 4 Ordinance to effectuate the annexation contemplated in this Petition; or if annexation of the Property is not in the best interests of Petitioner, Petitioner shall have the right to withdraw this Petition. 6. Petitioner requests that the Property be zoned by the Town of Lochbuie concurrently with annexation of the property,but in any event, that the Property be zoned within ninety (90) days of the effective date of the Annexation Ordinance. 7. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to all ordinances, resolutions, rules and regulations of the Town of Lochbuie, except for general property taxes of the Town of Lochbuie which shall become effective on January 1 of the next succeeding year following passage of the Annexation Ordinance. 8. Petitioner hereby appoints Wen37 Holdings, L.L.C., through its authorized representatives, as Petitioner's authorized representative in connection with the annexation, zoning and platting of the Property. Therefore, your Petitioner respectfully requests that the Board of Trustees of the Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed. End of Text of Petition for Annexation Signature of Landowner -- See Attached Signature Page 5 SIGNATURE PAGE DAVID P. WENZEL, is the owner of the property identified on Exhibit A to this Petition, and hereby petitions the Town of Lochbuie for annexation of said property on the terms set forth in the Petition. David P. Wenzel Mailing Address of Landowner: 1353 Weld County Road 37 Lochbuie, Colorado 80603 Date of Signature: AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of Lochbuie,to David P. Wenzel, and that the foregoing signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) ss. COUNTY OF ) The foregoing Affidavit of Circulator was subscribed and sworn to before me this day of , A.D., 2004, by (name of circulator). Witness my hand and official seal. Notary Public My commission expires: EXHIBIT A (legal description, Altamira Annexation Addition 1) Lot A of Recorded Exemption No. 1471-25-4-RE-2986, according to the plat recorded March 8, 2001, at Reception No. 2830909, being located in the north one-half of the south one-half of Section 25, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado consisting of 21.048 acres more or less. 7 A&1'ION PLAT TO us TOWN OF LOCHBUFE A PARCEL OF LAND IN THE SOU') 8T QUARTER OF SECTION 25, EXHIBITA TOWNSHIP I NORTH, RANGE 86 WEST Or THE 8Th PRINCIPAL MERIDIAN COUNTY OF WELD, STA7. OF COLORADO ANNEXATION MAP / PI 14. O.i1M► f.w 1.1. i Rod 4 //, J► . a _I w i Da : SOWecr PROP TY s• `'' . t w FCtidY r�. ii fti+z...v.; r„r a•!+• �„/ VICINITY MAP t } .».f.'111J rl ,:�;. a.x"�i.Yi++ie. - i` "',�,' t%% '&31,=: Mi.tt 'w'�'brr'T'. '7.. sr. _---'.�-- 1 MANOssotr W="y"° S 's'6'17.s Iwo. YY.• t.dl�+wax_ .H1:as sv.�i w J 1 N. .a._ I ut sLArna w ~AL Y OYJH6Alt TASAWA � . 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