HomeMy WebLinkAbout20011496.tiff Town of
1k LLCi,J Y.
Johnstown i f+`
ill 9: J5
REC ED
May 24, 2001
Re: Annexation Impact Report
As per State Statute 31-12-108.5 Annexation impact report - requirements, please find
enclosed the Annexation Impact Report for the proposed annexation of the property
known as the Becker-Dee Farm PUD Annexation.
Copies of this report along with the Resolution Finding Substantial Compliance is being
sent to all special districts and Weld County.
Sincerely,
Diana Seele, CMC
Town Clerk/Treasurers
i()/( e lJi Q cc1
,1' P.O.BOX 609•101 CHARLOTTE ST.•JOHNSTOWN,CO 80534
`■�- PHONE:(970)587-4664•FAX(970)587-0141 2001-1496
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02/01/01 ,17:29 FAX 4808330573 • (1002
FIB 09 2001 11135 FR TCB 303 296 1124 TO 14806330573 e.02/0?
• PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF JOHNSTOWN, COLORADO
The undersigned landowners, in accordance with Colorado law, hereby petitions
the Town of Johnstown and its Board of Trustees for annexation to the Town of
Johnstown of the following described unincorporated territory located in the county of
Weld, state of Colorado:
See Exhibit"A"attached hereto and incorporated herein.
•
As part of this Petition, the Petitioners further state to the Board of Trustees of
Johnstown, Colorado,that:
1. It is desirable and necessary that the territory described be annexed to the
Town of Johnstown.
2. The requirements of Section 31-12-104 and Section 31-12-105,CR.S., as
amended, exist or have been met in that:
•
A. Not less than one-sixth (1/6) of the perimeter of the area proposed to
be annexed is contiguous with the Town of Johnstown or will be contiguous with the
Town of Johnstown within such time as required by Section 31-12-104,C.R.S.
B A community of interest exists between the area proposed to be
annexed and the Town ofJolnstown.
C. The area proposed to be annexed is urban or will be urbanized in the
near future.
D. The area proposed to be annexed is integrated with or is capable of
being integrated with the Town of Johnstown.
E. No land within the boundary of the territory proposed 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, has been divided into
separate parts or parcels without the written consent of the landowner or landowners
thereof;unless such tracts or parcels were separated by a dedicated street, road, or other
public way.
F. No land within the boundary of the area proposed to be annexed
which is held in identical ownership, comprises 20 acres or more, and which,together
FEb 09 2661 11:35 FR %II 363 2,0 11'24 Ti) 14a0esirbr3 P.03/4?
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with the buildings and improvements situate thereon,has an assessed value in excess of
TWO HUNDRED THOUSAND DOLLARS ($200,000) for ad valorem tax purposes for
the year next preceding the annexation,has been included within the area proposed to be
annexed without the written consent of the landowner or landowners.
• G. 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.
H. The annexation of the territory proposed to be annexed will not
result in the detachment of area from any school district.
I. The annexation of the territory proposed to be annexed will not have
the effect of extending the boundary of the Town of Johnstown more than three (3)miles
in any direction from any point of the boundary of the Town of Johnstown in any one (I)
year.
J. Prior to completion of annexation of the territory proposed to be
annexed,the Town of Johnstown will have in place a plan for that area,which generally
describes the proposed; location, character, and extent of streets, subways, bridges,
waterways,water fronts,parkways,playgrounds, squares,parks, aviation fields, or other
public ways, grounds, open spaces,public utilities, and terminals for water, lights,
sanitation,transportation, and power to be provided by the Town of Johnstown; and the
proposed land uses for the area; such plan to be updated at least once annually.
K. The establishing of boundary of the territory proposed to be
annexed, if a portion of a platted street or alley is to be annexed,and the entire width of
the street or alley has been dedicated within the territory to be annexed. The'Town of
Johnstown will not deny reasonable access to any landowners,owners of any easements,
or the owners of any franchise adjoining any planed street or alley which is to be annexed
to the Town of Johnstown but is not bound on both sides by the Town ofJobnstown.
3, The owner of 100 percent of the area proposed to be annexed,exclusive of
dedicated streets and alleys, has signed this Petition and hereby petitions for annexation
of such territory.
4. Accompanying this Petition are four copies of an annexation map
containing the following information:
•
A. A written legal description of the boundaries of the area proposed to
be annexed;
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02/09/01 17:30 FAX 4808330573 r�oo.t
FEB e9 2001 1135 FR TCB 303 296 1124 TO 14808330573 P.04/07
B. A map showing the boundary of the area proposed to be annexed,
said map prepared by and containing the seal of a registered engineer;
C. Within the annexation boundary map,a showing of the location of
each ownership tract in unplatted land and, if part or all of the area is platted,the
boundaries and the plat numbers of plats are of lots and blocks; and
•
D. Next to the boundary of the area proposed to be annexed,a drawing
of the contiguous boundaries of the Town of Johnstown and the contiguous boundary of
any other municipality abutting the area proposed to be annexed,and a showing of the
dimensions of such contiguous boundaries.
5. Upon the annexation ordinance becoming effective, all lands within the
area proposed to be annexed will become subject to all ordinances, rules,and regulations
of the Town of Johnstown, except for general property taxes of the Town of Johnstown,
which shall become effective as of the January 1. next ensuing.
6. The zoning classification requested for the area proposed to be annexed is
single family residential and multi-family residential.
7. The Petitioners reserve the right to withdraw this Petition for Annexation to
the Town of Johnstown at any time prior to final approval by the Board of Trustees of the
Town of Johnstown and final effective date of the annexation.
8. This Petition for Annexation may be signed in counterparts by the
Petitioners and when taken together shall constitute the entire Petition for Annexation.
WHEREFORE,the Petitioners respectfully request that the Town of Johnstown,
acting through its Board of Trustees, approve the annexation of the area proposed to be
annexed: Becker-Dee Annexation.
PETITIONERS:
THE ESTATE OF ELBA E. DEE,Deceased
By• — —--- —
Kenneth H. Dee,Personal Representative
Date: _._
Address; __--._---
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02/09%01. 17:31 FAX 3808330579 [boos •
rEB 09 2001 11:36 FR TCB 303 296 1124 TO 1•:.308330573 "'.05/07
•
Patricia O'Conner
Date:
Address:
•
Joseph D. Becker
Date:
Address: --
Russell M Becker
Date: 2-/i�,�
Address: 1�/
•
R. Kimball Mosier, as Trustee for Janet L.
Tuckfield; a/lc/a Janet Burbank-Tuckfield,in
the United States Bankruptcy Court for the
District of Utah,Central Division
Date: ---
Address: —_---
STATE OF COLORADO )
) 8$.
County of_ )
The foregoing
instruient was acknowledged before me this day of
representative of the Estate of Elba E. Dee, deceased.
2001,by Kenneth H. Dee,personal
•
Notary Public
My commission expires:
4 -
_ 02!0901 l j31 FAX 4808330573_ • @006
FEB 0•
9 2eot 11:36 FR TCB 303 296 1124 TO 14808330573 F.06/07
•
STATE OF ARIZONA )
) 55.
County of, ___......)
The foregoing instrument was aclmowledged before me this day of_
2001, by Patricia O'Conner.
Notary Public
My commission expires:
STATE OF
) 55.
County of )
The foregoing instrument was acknowledged before me this_day of
2001,by Joseph D. Becker. `
Notary Public
My commission expires:
•
STATE OF k_ )
County of L , ,.)_ L1 1\._ T
The foregoing instrument was acknowledged before me this r3 day of 4j1
2001
` SHAUNAR.MEMOS
t ''
'C{, eyes sash
ab. £_ion Utah Wi ,t —
�.ycc msc:� + a ataxy �'\ Oct
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My commission e ices:
STATE OF UTAH )
) ss.
County of___ )
The foregoing instrument was aclnowledged before me this ,day of
2001,'by R. Kimball Mosier,Trustee for Janet L. Tuckfield,a/k/a Janet Burbank-
Tucltheld, in the United States Bankruptcy Court of Utah,Central Division.
Notary Public
- - My commission expires:
5
02/08/01 20:24 FAX 9708878809
HOLMAN HOMES fd004
Patricia O'Conner
Date:
Address:
Joseph D. Becker
Date:
Address:
Russell M. Becker
Date:
Address:
1V165Ief s ru e for/ L. .R K>� ,
Tuck-field, a/IJa Janet Burbank-Tuck field,in
the United States Bankruptcy Court for the
District of Utah, Central Division
Date: February 9. 2001
Address: 185 South State. #700
Salt Lake City, UT 84111
STATE OF COLORADO )
) ss. i
County of )
The foregoing instrument was acknowledged before me this_day of ,
2001, by Kenneth H. Dee, personal representative of the Estate of Elba a Dee, deceased.
Notary Public
My commission expires:
4 - .
02/08/01 20:2.1 FAX 9706678609 • ROLMAN HOMES ®005
STATE OF ARIZONA )
) ss.
County of ) •
•
The foregoing instrument was acknowledged before me this_day of
2001,by Patricia O'Conner.
Notary:Public
My commission expires:
STATE OF )
) ss;
County of )
The foregoing instrument was acknowledged before me this_day of ,
2001, by Joseph D. Becker. i
Notary,Public
My commission expires:
STATE OF )
) ss:
County of )
The foregoing instrument was acknowledged before me this day of
2001,by Russell M Becker_
Notary Public
My commission expires:
STATE OF UTAH )
ss;
County of -4..l )
•
The foregoing instrument was acknowledged before me this R day of c-4-\_-›s)31-,4-._\-
2001,by R. Kimball Mosier, Trustee for Janet L. Tuckfield, a/k/a Janet Burbank-
Tuckfield, in;; a5Tt
teCoh, Ce tral Division Notar )�rbtic
,}� ,.4-.- * ,es soofn slato,sulfa 70o - My commission expires:
i it Suit Coo commission
Expires
-
u <,iP' ,S My Commission Expires _ _
b -Juno 1,2001•
"•• STATE OF UTAH - - _
03/28/01 09:43 FAX 9708878809 HOLNAN HmS
gum
B. Amap showing the boundary of the area proposed to be annexed,
said map prepared y and containing the seal of a registered engineer;
C. Within the annexation boundary map,a showing of the location of
each ownership in unplattcd land and,if part or all of the area is platted,the
boundaries and th 1at numbers of plats are of lots and blocks;and
D. Next to the boundary of the area proposed to be annexed,a drawing
of the contiguous daries of the Town of Johnstown and the contiguous boundary of
any other municip �abutting the area proposed to be annexed,and a showing of the
dimensions of suc ntiguous boundaries.
5. Upo annexation ordinance becott effective,all lands and within the
ons
kun
area proposed to b exed will become subject to ordinances,1
of the Town of Jo ' wn,except for general property taxes of the Town of Johnstown,
which shall becom ective as of the January 1 next ensuing.
6. The ' g classification requested for the area proposed to be annexed is
single family resid tial and multi-family residential.
7. The etitioners reserve the right to withdraw this Petition for Annexation to
the Town of John givn at any time prior to final approval by the Board of Trustees of the
Town ofJohnsto land final effective date of the annexation.
• i.
8. This ttition for Annexation may be sigired in counterparts by the
Petitioners and wh . taken together shall constitute the entire Petition for Annexation.
WHEREFO .the Petitioners respectfully request that the Town of Johnstown,
acting through its card of Trustees,approve the annexation of the area proposed to be
annexed: Becker- ee Annexation.
Pi1T1'IONERS:
Connie Dee r�
By ((m M A.0 l Lo a
Connie Dee
Date:'C`c\CU\C\> Z .7-Q-S=\
Address:
03/26/01 00:47 FAX 8706676608
HOUTAN H01039 Lit 003
STATE OF CO )
ss.
County of )
i instrument was acknowleged before me this2 Alay of
Tho fog ego d � . AYAif
2001,by Camay •;J�,apl., ° G'•;.
C•
Notary Publics " 1 :`z' ' `W y c,
N �
My commission expires:Ste :t t.,' o, a'
yo
4
02/08/01 20:28 FAX 8708878808 maim; HONES IJ004
• '
E. A map showing the boundary of the area proposal to be annexed,
said map prepared by and containing the seal of a registered engineer;
C. Within the annexation boundary map,a showing of the location of
each ownership tract in unplatted land and, if part or all of the area is platted,the
boundaries and the plat numbers of plats are of lots and blocks;and
D. Next to the boundary of the area proposed to be annexed,a drawing
of the contiguous boundaries of the Town of Johnstown and the contiguous boundary of
any other municipality abutting the area proposed to be annexed,and a showing of the
dimensions of such contiguous boundaries.
5. Upon the annexation ordinancebecoming effective,all'lands within the
area proposed to be annexed will become subjedt to all ordinances, rules,and regulations
of the Town of Johnstown,except for generalrproperty takes of the Town of Johnstown,
which shall become effective as of the January 1 next ensuing.
.6. The zoning classification rersted for the area proposed to be annexed is
single family residential and multi-family residential.
7. The Petitioners reserve the righx to withdiaw this Petition for Annexation to
the Town of Johnstown at any time prior to final approval by the Board of Trustees of the
Town of Johnstown and final effective date of the annexation.
8. This Petition for Annexation may be signed in counteiparb by the
Petitioners and when taken together shall constitute the entire Petition for Annexation.
WHEREFORE,the Petitioners respectfully request that the Town of J ohnstown,
acting through its Board of Trustees,approve the annexation of the area proposed to be
annexed:Becker-Dee Annexation.
PETMONERS:
I
THE ESTATE OF ELBA 4.DRP,Deceased
By //1�zi2f 577P1
e Kenneth H.Dee,Personal Representative
Date: a/� — Da /
Address: k' j t4" JY n ' 5 7
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02/08/01 20:28 FAX 8708878800 HOLNAN HONES 411005
•
•
•
Patricia4'Conner
Date:
Address: .
Joseph D.Becker
Date:
Address:
I '
Russell M.Becker
Date:
Address: .
R. Kimball Mosier,as Trustee fur Janet L.
Tuekfield, e/k/a Janet Burbank-Tuck field,in
the United Stites Bankruptcy Court for the
District of Utah, Central Division
Date:
Address:
STATE OF COLORADO )
)ss,
County of \•.,.m? \C.\ )
The foregoing instrument was acknowledged before me this\2\ ay of` \ 1`a> v— .,
2001,by Kenneth H. Dee,personal representative ofrh'e Estate of Elba E.Dee.dcccased
Y' r \v1 l
Notary Public
My commission expires:VC:Act'p X5,2 QJ%
I '
4 !
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— —02./30/01 11:dl PAZ 4808330573_ ____ _ _ ___ _— — — _ O003
Patric O'Conner
Date:LA Tr- ���.i
Address
Joseph D.Becker
Date:
Address:
Russell M.Becker
Date:
Address:
R.Kimball Ivlosier,as Trustee for Janet L.
Tuckfield,a/k/a Janet Burbank-cl
the United States Bankruptcyurt r the
District of Utah,Central Division
Date:
Address:
STATE OF COLORADO )
)ss.
County of ) d The fenre thiH.instrument e,personal
earepresentative eof the Estate of Elba E. Dee,deceased-
20U1,byICennethH. Dee,p
Notary Public
My commission expires:
4
- 02/10/01 12:53 TX/RX NO.3808 . P.003
02/10/01 11:41 FAX 4808310373—-- —-
-—_ - l�00?
•
• `9 CRAIQ DES AU tERS
4 ^`Ap NotEry Puhlie-AriZOM
STATE OF AR3Z.ONA ) » r Marl Manly.
My Commission Excises55. di-� ..73.2004
County of mom- > ��f�,�
The foregoing instrument was acknowledged before me this j.a j day of J
2001,by Patricia O'Connor. Publ
so R- ' t3�-20--r
My commission expires:
STATE OF —) •
ss.
County of —)
The foregoing instrument was acknowledged before me this day of
2001,by Joseph D.Becker.
Notary Public
My commission expires:r—
STATE OF_ ,__�,�ss.
County of ----)
Th foregoing instrument was acknowledged before me this day of
2001,by Russell M.Becker.
Notary Public
My commission expires:_
STATE OF UTAH )
)ss.
County of �—)
The foregoing instrument was acl towledged before me this day of et L. Tuckfield, lk/a Janet 2001,by d in the United StatesStat s Bankruptcy l Mosier,Trustee for nCourt of Utah,Central Division.bank-
Tu ,
Notary Public
My commission expires:
02/10/01 12:53 TX/RX_NO.3808 - P.002 -
FEB 09 2001 11:42 FR TCB 303 296 1124 TO 12082322504 P.05107
•
•
•
Patricia O'Conner
Date:
Address:
Josep .Bec er
• Date: 9, :ace I
Address: f.o. LEi e,c 31O
Russell lv!.Becker
Date:
Address:
R. Kimball Mosier,as Trustee for Janet L.
Tuckfield,a/k/a Janet Burbank-Tuckfield,in
the United States Bankruptcy Court for the
District of Utah,Central Division
Date:
Address:
STATE OF COLORADO )
)ss.
County of )
The foregoing instrument was acknowledged before me this day of
2001,by Kenneth H. Dee,personal representative of the Estate of Elba E. Dee, deceased.
Notary Public
My commission expires:
4
FEB 09 2001 1142 FR TCB 303 296 1124 TO 12692322504 P.06,07
•
•
STATE OF ARIZONA )
)59.
County of )
The foregoing instrument was acknowledged before me this_day of
2001,by Patricia O'Conner.
Notary Public
My commission expires:
STATE OF IDAHO )
Ms.
County of BANN0CK )
The foregoing instrument was acknowledged before me this 9th day of FEB, 2D01
2001,by Joseph D. Becker, r� ,,
tiS
Notary Public
My commission expires: 9-12-03
•
STATE OF )
)ss.
County of )
The foregoing instrument was acknowledged before me this_day of
2001,by Russell M.Becker.
Notary Public
My commission expires:
STATE OF UTAH )
)ss.
County of )
The foregoing instrument was acknowledged before me this—day of
200I,by R Kimball Mosier,Trustee for Janet L. Tuckfield,a/k/a Janet Burbank-
Tuclfield, in the United States Bankruptcy Court of Utah,Central Division.
Notary Public
My commission expires:
5
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AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
County of Weld� eZ9� �
JOHN L. HOLMAN,III., being duly sworn upon oath, deposes and says that he
was the circulator of this PETITION FOR ANNEXATION of lands to the Town of
Johnstown, Colorado, consisting of six (6)pages, including this page,with description of
property to be annexed attached, and that each signature hereon is the signature of the
person whose name it purports to be.
JOHN . HOLMAN, III., circulator
Subscribed and sworn to before me this/(0V4 day of� 2001, by
JOHN L. HOLMAN III.
Notary Pu is
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e4:‘,,fe. My comm expires: ({a((—
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M/canrvssian Expires ApA 24.2061
6
Town of Johnstown, .
County of Weld, Colorado
ANNEXATION IMPACT REPORT AND STATEMENT
INCLUDING THE
OUTLINE DEVELOPMENT PLAN
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Project:
Becker-Dee Farm PUD Annexation
Prepared By:
Turner Collie@Braden Inc.
February 2001
TC&B Project: 25-51082-001
In accordance with Section 31-12-108.5 of the Colorado Revised Statures Annotated, the Town of
Johnstown is submitting the following annexation impact report to fulfill all such required action for the
above named annexation. This impact report specifically analyzes the above annexation and identifies
what impact it will have on the Town of Johnstown and the municipal services that will be provided. This
impact report has been completed at least twenty-five days before the date of the Public Hearing
established pursuant to Section 31-12-108 of the Colorado Annotated Statues.
Becker-Dee Annexation Report
Table of Contents
I. Annexation and the Town of Johnstown 1
II. Becker-Dee Farm PUD 1
III. Property Owners/Applicant/Consultants 1
IV. Legal Description 2
V. Town Boundaries 2
VI. Property Ownership Information 2
VII. Water Rights Information 2
VIII. Project Concept 2
IX. Site Features—Natural and Man-Made 3
X. Existing Land Use and Zoning 4
XI. Public Use Dedication 4
XII. Existing and Proposed Infrastructure 4
XIII. Vehicular,Bike and Pedestrian Circulation 5
XIV. Development Phasing and Schedule 5
XV. Fiscal Impact 5
XVI. Johnstown Utilities 5
XVII. Service and Other Utility Providers 5
XVIII. Mineral Right Owners and Lessees and Known Easement; Ditch Companies 6
XIX. School Impact 8
XX. Statement of Conformance with the Johnstown Comprehensive Plan 8
XXI. Summary 10
XXII. References 11
XXIII. Appendix 12
Exhibit"A"—Property Description
Exhibit"B"—Title Commitment
Exhibit"C"—Water and Sewer Demand Analyses
Becker-Dee Annexation Report
Water and Sewer Utility Plan
Map 1 -Town Boundary
Outline Development Plan
Sketch Plan
Annexation Agreement
ii
. Becker-Dee Annexation Report
I. Annexation and the Town of Johnstown
State statutes require that any municipality annexing property must provide"urban level services"
(i.e. water, wastewater, police, recreation, schools, and other services) to those areas they intend
to annex. The Town of Johnstown recognizes this responsibility and can successfully provide
these services to those under consideration by the Town. The Town of Johnstown has adopted a
Comprehensive Plan and Community Development Code that both describe and require future
development within the Town to meet standards that will provide the same level of service to new
areas as it is currently providing within the existing town. These documents,we believe allow the
Town to achieve controlled, orderly and efficient growth. To accomplish orderly, controlled
growth in terms of annexation, Johnstown will rely on the Town's Development Code and
Comprehensive Plan to provide the basic guidelines for development and construction of new
areas around the Town.
II. Becker-Dee Farm PUD
The property included in this annexation is to be known as the Becker-Dee Farm PUD
Annexation to the Town of Johnstown. This property is partially contiguous to the Town of
Johnstown and the total area of this annexation is 232.5-acres +/-. The parcels included in this
annexation are currently used for agricultural uses and will be annexed into the Town under the
zoning of Planned Unit Development Residential (PUD-R).
III. Property Owners/Applicant/Consultants
Property Owners: Patricia O'Conner Kenneth Dee, Personal
1741 Dartmouth St. Rep. Estate Elba Dee
Mesa,AZ 85203 505 North 2"d Street
Johnstown, CO 80534
Russell M. Becker Joseph D. Becker
10963 Whirlway Lane P.O. Box 310
Sandy,UT 84092 Pocatello, ID 83201
R. Kimball Mosier
185 S. State Street
Salt Lake City,UT 84111
Applicant/Developer: Holman Development and Lumbermen's Investment Corp.
Construction Co., LLC 5495 Beltline Road, Suite 225
3863 West County Rd. 16 Dallas, TX 75240
Loveland,CO 80539 (972)702-8699
(970)290-5055
Planning Consultant: Bernard Lash&Associates
26 West Dry Creek Circle, Suite 600
Littleton,CO 80120
(303) 798-8433
1 -
Becker-Dee Annexation Report
•
Engineer: Turner Collie& Braden Inc.
999 Eighteenth St., Suite 1500
Denver,CO 80202
(303)298-7117
Landscape Architect: Valerian LLC
20 West Dry Creek Circle#210
Littleton,CO 80120
(303)347-1200
Surveyor: SURVCON INC.
7208 South Tucson Way
Suite 100
Englewood,CO 80112
(303)858-0404
IV. Legal Description
See Exhibit"A".
V. Town Boundaries
The Town boundaries are shown on Map 1 in the Appendix of this report.
VI. Property Ownership Information
Ownership information is described in the Title Commitment and Warranty Deed. Both
documents are shown in the Appendix of this report as Exhibit"B".
VII. Water Rights Information
The owner of the Dee Farm property currently owns 3.5 shares of Hillsboro Ditch water that will
be included in the sale of the property to the Developer. The ditch shares will provide
approximately 280 acre-feet of water (80 units/share). These water rights will either be
transferred to the Town (per the Town's ordinances)at the time the final plat is completed and the
plat and development agreement are recorded with Weld County, or a portion of the rights may
be kept for a non-potable irrigation system to serve the site. If in the event additional water rights
are required, shares will be purchased from the Town in order to satisfy the water demand
requirements prior to platting additional parcels within the project.
VIII. Project Concept/Proposed Land Use
The proposed land uses can be seen below in Table 1 and consists of approximately 131.1-acres
of single-family residential units, 22.1-acres of multi-family residential units, and 74.1-acres of
open space land. Three acres of school area is proposed for the site (which will be located in
Planning Area "A"), with no commercial land on either parcel. Landscaped areas will be
2 -
Becker-Dee Annexation Report
provided throughout the site and along right-of-ways, in accordance with the Town's criteria. A
copy of the Outline Development Plan (ODP)and Sketch Plan is attached in the Appendix of this
— report.
Table 1 —Proposed Land Use
Land Uses Acreage Units Gross Density Total Area
(du/ac) (percent)
Single Family—A 88.2 392 4.4 37.94
Single Family—B 42.9 53 1.2 18.45
Multi Family 22.1 309 14.0 9.50
Commercial 0.0 0 0.0 0.00
School 3.0 N/A N/A 1.29
Public Open Space 49.0 N/A N/A 21.08
Private Open Space 25.1 N/A N/A 10.80
Landscape 2.2 N/A N/A 0.94
Total 232.5 754 3.2 du/ac 100.00%
The plan has been developed to respond to the natural site characteristics including the
topography, drainage, land formations,and surrounding influences. In an effort to conform to the
neighborhood concept plan, 3.0 acres of school/park area has been provided at the southwest
corner of Planning Area "A" (75-acre parcel). This school area will be dedicated to the Town,
and when combined with the dedication of adjacent properties,the school/park area will provide a
centrally located school site. Preliminary conversation with the school district indicates that this
dedicated community site has the capacity to support an elementary school facility. In addition to
the school/park site, the plan designates the area adjacent to the Little Thompson River and Great
Western Railroad as public open space (approximately 49-acres) to be used with a trail system
and passive amenities such as a gazebo,benches and landscaping.
The residential Planning Area "A" has been organized to locate similar densities adjacent to the
existing Johnstown Center neighborhood to the north. Higher densities have been located
adjacent to County Road 17 and lower densities east of the river and railroad on the more
topographically diverse areas adjacent to the Red Mountain development in Planning Areas "B"
and"C".
The gross density proposed of 3.2 du/acre will preserve the environmentally conservative nature
of the site and offer a variety of residential products in this in-fill area.
IX. Site Features—Natural and Man-Made
The combined sites total 232.5-acres and are located south of the Johnstown Corner
neighborhood. The site is located in a portion of the NE '/, of Section 8 and SW V. of Section 9
T4S, R67W of the 6'h Principal Meridian, Weld County,Colorado. The westerly parcel (Planning
Area"A") is bounded by the Johnstown Corner Subdivision to the north (previously zoned in the
town), County Road 17 to the east, and agricultural land to the south and west (development
applications are pending on these parcels). Planning Areas "B" and "C" are bounded by County
Road 46 'A to the north, undeveloped land to the east, Red Mountain to the south, and County
Road 17 to the west. - -
3 -
Becker-Dee Annexation Report
Planning Area"A" (74.7-acres) is a fairly flat piece of land which gently slopes from the west to
the east with an elevation change of approximately 40 feet through the entire parcel. A lateral of
the Hillsboro Ditch runs along the west border of the site, and an existing residence is in the
northeast corner of the parcel, which will continue to remain as an exception to the application.
There are also several structures located at the southeast corner of the site that will be removed
prior to development.
Planning Areas"B"and"C"(157.8-acres)generally slope both from the west along County Road
17 to the river and from the east to the railroad and river. The westerly portion (Planning Area
"B") is generally level to gently rolling, while the easterly portion (Planning Area "C") has an
increase in elevation of approximately 100-feet, which overlooks the Little Thompson River.
This area is designated for the larger lots in an effort to compliment the topography. The Little
Thompson River flows through the property from the southwest corner to the north end. The
approximate 100-year floodplain has been identified from the FIRM (reference 1), however once
the actual 100-year floodplain has been delineated,the developable portion of the medium density
residential lots may increase. To the east of the river is an 80-foot right-of-way for the Great
Western Railroad. The area between the floodplain and the railroad is designated as Public Park
(48-acres). An existing gas/oil well site is located in the southeast quadrant of the parcel, and the
developer is currently in discussions to determine the disposition of the well site. A dirt road
currently runs along the Little Thompson River, and will become part of an open space trail for
the property. Also running through the site is the Hillsboro Ditch, which parallels the Great
Western Railroad.Two residences currently exist on the property,one at the northwest corner and
one at the southwest corner of the parcel,which will be removed prior to development.
X. Existing Land Use and Zoning
The current zoning is Weld County A-Agricultural. The current land use is agricultural and
unused land.
XI. Public Use Dedication
The proposed development includes dedication of a school/park site that when combined with
dedication from adjacent property, will support a combination elementary school and park site.
In addition,49-acres of Public Open Space will be dedicated to the town for a regional trail with
passive open space. Twenty Five-acres of private open space will be conveyed to the Home
Owners Association for ownership and maintenance.
XII. Existing and Proposed Infrastructure
The majority of the Town's infrastructure is currently located within the town limits. There is an
existing 12-inch PVC water main along County Road 17, which is on the east side of the 75-acre
parcel and on the west side of the 158-acre parcel to be annexed. There is also an 8-inch sanitary
sewer gravity force main which runs along County Road 17. The force main runs from C.wnty
Road 46 north into the Town of Johnstown, but gravity fed to the south of County Road 46.
4
• Becker-Dee Annexation Report
The sanitary sewer line serving Planning Areas "B"and "C" will be gravity fed to the southwest
corner of the property, where a lift station is planned for the area. Planning Area"A" will either
tie into the gravity sanitary sewer manhole at the southeast corner of Johnstown Center,or will be
routed to and connected at County Road 46 and County Road 17.
The water line serving the same parcel will be a 10-inch looped line and will be routed either
under the Little Thompson River, or over the river via the existing bridge on County Road 46 ''4.
The developer will pay into the cost-sharing plan for County Road 17 roadway and infrastructure
improvements recently proposed by Ryland Homes. All utilities and roadways within the
proposed development would be extended and constructed per the Town's Subdivision
Regulations. Existing and proposed streets and utility lines within the vicinity of the property are
shown on the `Water and Sewer Utility Plan' of this Annexation Impact Report.
XIII. Vehicular,Bike and Pedestrian Circulation
Vehicular access to the Planning Area "A" site will be from County Road 17; access to Planning
Area"B"will be from both County Road 17 and County Road 46 'A; and access to Planning Area
"C" will be from County Road 46 'A. Internal circulation will be routed within each planning
area by public roads and will be aligned with all adjacent property roads. Final alignments will be
determined at the time of platting. Private roads in the multi-family planning areas may be used
by the public. A 60-foot collector road is currently planned as an extension of County Road 46-
''A, and is proposed to serve the school/park site. The collector road will provide no on-street
parking, no lots fronting, and no driveway access. All public roads constructed within the site
will be dedicated to the Town of Johnstown. Bicycles and pedestrians will use the roads and
sidewalks within each planning area,as well as the trails through the open space areas.
XIV. Development Phasing and Schedule
Phases I, II,and III will include Planning Areas A, B, and C, respectively. Phase I construction is
anticipated to begin in the spring of 2002, and Phase II and III will be constructed as the market
dictates. Total build-out of the site is anticipated in three years.
XV. Fiscal Impact
There are no commercial or light industrial components of this project, and therefore no fiscal
impact is required to be reported.
XVI. Johnstown Utilities
Refer to Section XII.
XVII. Service and Other Utility Providers
Ambulance: Weld County Ambulance Service
Cable TV: US Cable
Electric/Gas: KN Energy
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Becker-Dee Annexation Report
Public Service Company
Poudre Valley REA —I w
Fire: Johnstown Fire Protection District
Library: Weld County Library District
Police: Town of Johnstown Police Department
Recreation: Thompson Rivers Recreation District
Schools: Weld County School District RE-5J
Aims Junior College District
Telephone: Qwest
Trash: Private haulers
Water: Town of Johnstown
Little Thompson Water District
Northern Colorado Water Conservancy District
XVIII.Mineral Right Owners and Lessees and Known Easement; Ditch Companies
Listed below are the mineral rights owners and lessees, known easements, and ditch companies
per the Title Commitments for the property(Becker-Dee Farm).
Union Pacific Railway Company
1416 Dodge Street
Omaha,NE 68179
Book 106,at page 299,April 29, 1892
Weld County—Rights of Way
1402 N. 17ih Ave.
Greeley,CO 80631
Book 86, page 273, October 14, 1889
Elba E. Dee
Pers. Rep. Estate, Kenneth Dee
505 North 2nd St.
Johnstown,Colorado 80534
Coral Gulf Exploration Corporation - Oil and Gas Lease
707 Wilshire
Suite 3200
Los Angeles, California 90017
Book 889, Reception No. 1810831, December 3, 1979; Primary term of 5 years from May 3,
1980
Trailblazer Oil &Gas- Extension of Oil and Gas Lease
Book 1029, Reception No. 1966070,May 8, 1984
Unioil— F.C.Jones- Extension of Oil and Gas Lease
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Becker-Dee Annexation Report
Book 1191, Reception No.2136187,March 30, 1988
High Country Exploration - Oil, Gas and other Mineral Rights Lease
12395 W. 53rd Ave.
Suite G07
Arvada,Colorado 80002
Book 1003, Reception No. 1935416
Natural Gas Associates—ROW/Easement
Book 1077, Reception No. 2017392,July 17, 1985
K N Gas Gathering, Inc.—ROW/Easement
P.O. Box 281304
Lakewood, Colorado 80228
Book 1628, Reception No. 2571133, September 26, 1997
Ronald R. Klein
Reception No.2749079, February 10,2000
Joyce L. Klein
Reception No.2749079, February 10,2000
Patricia O'Connor
1741 Dartmouth St.
Mesa, AZ 85203
Reception No. 2749079, February 10,2000
Joseph D. Becker
P.O. Box 310
Pocatello, Idaho 83201
Reception No. 2749079, February 10,2000
Janet Burbank
Reception No. 2749079, February 10,2000
Russell M. Becker
10963 Whirlway Ln.
Sandy,UT 84092
Reception No. 2749079, February 10,2000
Johnstown Center Limited Liability Company
Reception No. 2749079,February 10,2000
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Becker-Dee Annexation Report
Clifford Olson and Katy A. Olson
Reception No. 2749079, February 10,2000
IXX. School Impact
Based on the Weld County School District RE-5J student generation factors, the following
number of students has been projected for the Becker-Dee Farm development:
Elementary School 0.345 Students/DU 262 Students
Middle School 0.170 Students/DU 129 Students
High School 0.195 Students/DU 148 Students
Total Projected Students: 0.710 Students/DU 538 Students
XX. Statement of Conformance with the Johnstown Comprehensive Plan
The applicant and owner of the property known as the Becker-Dee Farm PUD are requesting
annexation and zoning to the Town of Johnstown, Colorado. The proposed annexation and
zoning meet the intent of the Johnstown Area Comprehensive Plan (JACP) for the following
reasons:
*Goal, Strategy and Policy numbers are in direct reference to the JACP with additional project
specific commentary.
a. Community design
Residential Uses
The neighborhood concept identified in the comprehensive plan has been used as the principal
planning guide in developing the ODP. The plan provides:
I. Centrally located school/park site(when combined with adjacent school/park dedications)
2. Transitions in residential density from lower to higher densities adjacent to Hwy 17.
3. Designates lower density uses on more topographically diverse land forms.
4. Preserves the Little Thompson River flood plain as public open space for regional trail
system and passive recreation amenities.
Public and Quasi Public Uses
The location of the school/park site central to the surrounding development is designed to serve
the immediate neighborhood. Only residential oriented traffic is anticipated through the
neighborhood. No other facilities are planned that would generate traffic.
b. Growth of the community
Goal 1: Plan and guide the growth of the community through implementation of the three areas of
interest concept.
Policy 1.1.1: Establish the residential neighborhood as the building block for the growth of the
community. As previously stated the ODP has used the neighborhood concept as the principal
planning guide.
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Becker-Dee Annexation Report
Policy 1.2.1: Establish a method for school and park dedications in cooperation with the
Johnstown - Milliken School District. The applicant has met with the school district and has
designated a portion of a school/park site at the southwest corner of the property to be combined
with future dedications from adjacent properties.
c. Transportation
Goal 4: Provide an adequate, efficient, safe and comprehensive transportation system integrating
all transportation modes.
Policy 4.2.1: Ensure that the town's subdivision regulations require paved streets and sidewalks
and require agreement on it by developers at the time of annexation. The annexation agreement
assures that all streets will be paved to town standards.
Policy 4.3.2: Designate the general locations of intra-neighborhood collector streets in each
neighborhood to collect traffic from local access streets and funnel it to the arterial street system
and vice versa. The ODP utilizes a hierarchy of street systems from arterial to collector and local
--_ to serve the neighborhoods. Final determination and alignment will occur at the time of platting.
Goal 6: Provide for landscape beautification of roadways, parking lots,town entryways and other
visually undesirable uses.
Policy 6.1.1 Include landscaping requirements as part of the subdivision regulations, the arterial
street cross-sections and utilize the public improvements acceptance method to ensure installation
according to approved plans and specifications. The ODP delineates a landscape buffer along
Hwy 17. Details of the landscaping and fencing will be provided at the time of final plat.
d. Residential land use and housing opportunities
Goal 7: Designate land uses providing for a wide variety of residential densities in appropriately
planned locations.
Strategy 7.1: Implement the Residential Neighborhood Design Standard as set forth in the
Community Design chapter. As previously discussed the ODP meets the intent of the
neighborhood concept.
Strategy 7.2: Include a variety of land use densities in each residential neighborhood adjacent to
the core of the original town. The ODP includes a range of densities from single-family detached
(12,500 square foot minimum) to multi-family (14 du/ac). This also permits a diversity of
residential products.
Strategy 7.3: Use the following locational criteria when locating the various residential land uses:
i. Estate Density Residential — a maximum of 1 dwelling unit per 10,000 square feet or
more to be located.
1. Areas with physical limitations - The lower density residential uses are located in an
area of more diverse topography.
ii. Medium Density Residential -3.5 to 6 dwelling units per acre to be located as follows:
1. Extension of existing patterns of residential uses—the ODP provides densities similar
to the adjacent Johnstown Center Subdivision.
2. Areas near support services such as schools, parks and other amenity facilities.
3. Areas with adequate utility or infrastructure system capacity.
9
Becker-Dee Annexation Report
4. Areas with direct access to collector streets with traffic generated not being required
to go through less dense residential areas to gain access to primary street system.
5. As a transition use to separate high density residential areas from lower density
residential uses
iii. High Density Residential—a minimum of 6.1 and up to a maximum of 14 dwelling units
per acre to be located as follows:
1. Areas backing on arterial streets with vehicular traffic generated not being required to
go through less dense residential areas in order to gain access to the primary street
system.
2. Areas with adequate utility or infrastructure system capacity.
Goal 8: Protect and enhance the residential character of existing neighborhoods
Strategy 8.1: Protect existing residential neighborhoods from incompatible encroachment through
the use of zoning and other regulations designed to accomplish same. The request to rezone to
PUD-R and the accompanying ODP designates the area adjacent to Johnstown Center as single
family detached residential to provide similar land uses and densities
Strategy 8.2: Review and revise regulations to ensure in-fill developments in existing
neighborhoods are compatible with same in the short and long term. As previously discussed the
ODP "mirror images"the neighborhood to the north.
e. Parks, Recreation and Open Space
Goal 14: Establish and implement in the JACP land use map a system of graduated park sizes
planned to serve the intended functions. Once the type, function, and size are established, the
Town will not take dedication of any "storm drainage areas" especially ones that do not meet
Town standards for dedicated parks or open space.
Goal 15: Ensure land use plans for residential neighborhoods include a centrally located
park/school site of at least 15-acres if jointly owned by the Town and the school district and at
least 10-acres if strictly to be a park.
Goal 16: Establish and implement a land developer dedication requirement for parks and school
land that is clear and favors the Town and the school district in terms of implementing the JACP.
Goal 17: Cooperate with the school district in establishing a school site dedication, capital
improvement mitigation, and cash in lieu policy satisfactory to both the Town and the school
district which is legally defensible.
Goal 18: Establish an open space and trails plan and explore grants, transferable development
rights,developer dedications and other means of implementing the plan.
Goal 20: Preserve wetland, wildlife habitats and natural areas especially in conjunction with
development along the Little Thompson River corridors.
XXI. Summary
In summary, the proposed development is in general conformance with the Town's
comprehensive plan. The plan provides a mix of residential housing types and densities,
including single-family and multi-family. The plan also provides land for a school/park site and
regional park land to be dedicated to the Town.
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Becker-Dee Annexation Report
XXII. References
1. Flood Insurance Rate Map Weld County,Colorado,Panel 750 of 1075, Map Number 080266
0750 C, September 28, 1982. National Flood Insurance Program- Federal Emergency
Management Agency.
11 - -
• Becker-Dee Annexation Report
S
XXIII. Appendix
12 -
•
Exhibit"A"
Property Descriptions
Parcel 2
The South One-Half(S %2) of the Northeast One-Quarter (NE '/.) of Section 8, Township
4 North (T.4N.), Range 67 West(R.67W.)of the 6`h Principal Meridian(6`h P.M.),
County of Weld, State of Colorado.
Excepting therefrom a tract of land described as follows:
Beginning at the Northeast corner of the South 1/2 of the Northeast ''/2 of said Section 8;
Thence West 250 feet;
Thence South 70 feet;
Thence East 250 feet;
Thence North 70 feet;
Thence North 70 feet to the place of beginning.
Parcel 3
The Southwest One-Quarter(S '/)of Section 9, Township 4 North(T.4N.), Range 67
West(R.67W.) of the 6'h Principal Meridian (6'h P.M.), County of Weld, State of
Colorado.
Excepting therefrom a Parcel of land conveyed to Northern Construction Company by
Deed Recorded May 26, 1905 in Book 221 at Page 72 containing 232.488 acres.
Exhibit"B" .
TRANSNATION TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No . : 8046839 C-5
1 . Effective Date : November 8, 2000 at 7 :00 A.M.
2 . Policy or policies to be issued: Amount Premium
A. ALTA Owner' s Policy $ 2 , 100 , 000 . 00 $4 , 303 . 00
Proposed Insured: •
John L. Holman, Jr. •
B. ALTA Loan Policy $ $
Proposed Insured:
3 . The estate or interest in the land described or referred to in this
commitment and covered herein is fee simple and title thereto at the
effective date hereof vested in:
Elba E. Dee, deceased, as to an undivided 2/3 interest; Patricia
O' Connor, as to an undivided 1/12 interest ; Joseph D. Becker, as
to" an undivided 1/12 interest; Janet Burbank, as to an undivided
1/12 interest; and Russell N. Becker, as to an undivided 1/12
interest .
•
4 . The land referred to in this commitment is described as follows :
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
TRANSNATION TITLE INSURANCE COMPANY
By Wanda L . Calhoon
Authorized Signature
. Issued: November 20 , 2000
•
WLC/sls -
TRANSNATION TITLE INSURANCE COMPANY
;ommitment No. : 8046839 C-5
SCHEDULE A - Continued
LEGAL DESCRIPTION
PARCEL 1 :
•
Lots 23 and 24 , Block 3 , Town of Johnstown, County of Weld, State of
Colorado.
PARCEL 2 :
The S1/2NE1/4 of Section 8, Township 4 North, Range 67 West of the 6th
P.M. , County of Weld, State of Colorado.
EXCEPTING THEREFROM a tract of land described as follows :
Beginning at the Northeast corner of the S1/2 of the NE1/4 of said
Section 8;
thence West 250 feet;
thence South 70 feet;
thence East 250 feet;
thence North 70 feet to the place of beginning.
PARCEL 3 :
The SW1/4 of Section 9, Township 4 North, Range 67 West of the 6th P.M. ,
County of Weld, State of Colorado.
EXCEPTING THREFROM a parcel of land conveyed to Northern Construction
Company by deed recorded May 26, 1905 in Book 221 at Page 72 .
Page 2
•
TRANSNATION TITLE INSURANCE COMPANY
nmmitment No. : 8046839 C-5
SCHEDULE A - Continued
REQUIREMENTS
-- The following are the requirements to be complied with prior to the
issuance of said policy or policies . Any other instrument recorded
subsequent to the date hereof may appear as an exception under Schedule B
of the policy to be issued. Unless otherwise noted, all documents must
be recorded in the office of the clerk and recorder of the county in
which said property is located.
NOTE:
PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT
ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS •
COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR
• OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE
COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED .
HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY.
NOTE:
IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES
PRICE EXCEEDS $100, 000 . 00, THE SELLER MUST COMPLY WITH THE
DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S . 39-22-604.5 (NONRESIDENT
WITHHOLDING) .
.JTE: •
EFFECTIVE SEPTEMBER 1, 1997 , CRS 30-10-406 REQUIRES THAT ALL
DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND
RECORDER' S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND
A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK
AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT
CONFORM.
A. Disposition of Lis Pendens, pursuant to Colorado Rule of Civil
Procedure 105 (f) , by Court determination, disclaimer by all
parties , final judgment or certificate of dismissal issued by the
Clerk of the Court , in Civil Action No. 99 CV 850 Division 1 in
the District Court of the County of Weld, entitled Kenneth H. Dee,
as Personal Representative of„the Estate of Elba E . Dee, also
known as Elba Dee, deceased, plaintiff vs . Patricia O' Connor,
Joseph D. Becker, Russell M. Becker, Janet Becker-Tuckfield,
formerly Janet Burbank, Beverly 0 . Stein, and Kenneth H. Dee,
defendant (s) . Notice of Lis Pendens recorded August 30, 1999 as
Reception No . 2717162, and Amended Lis Pendens recorded April 24 ,
2000 as Reception No. 2763569 .
B. Evidence satisfactory to the Company of the payment of any federal
estate taxes which may have become due by reason of the death of
Elba E. Dee .
Page 3 "'
TRANSNATION TITLE INSURANCE COMPANY
mmitment No. : 8046839 C-5
SCHEDULE A - Continued
REQUIREMENTS
C. The following documents should be obtained and recorded from the
estate of Elba E. Dee, also known as Elba Dee, Elba Elizabeth Dee
and Elba Becker Dee, deceased, Probate No. ' 99 PR 106, District
Court in and for the County of Weld.
1 . Personal Representative' s Deed from Kenneth H. Dee as
Personal Representative of the Estate of Elba E. Dee, also
known as Elba Dee, Elba Elizabeth Dee, and Elba Becker Dee,
deceased, describing the will, time and place of probate and
date of appointment, and noting the state documentary fee,
conveying subject property to John L. Holman, Jr. .
D. Deed from Patricia O'Connor, Joseph D. Becker, Janet Burbank and
Russell M. Becker to John L. Holman, Jr. .
Page 4
•
Exhibit "C"
Sanitary Sewer Demand Analysis
Project: Becker-Dee Farm PUD Project Location: Johnstown, Colorado
Job#: 25-51082-001
Date: Feb. 22, 2001 Prepared By: Jennifer Smith/Terry Tyrrell
Average Daily Flows
Description Acreage Units Persons Sewer Flows Sewer Usage
Gallons/Pelson/Day Gallons/Day
Single Family Residential
SF-A 6000 SF Lots 43.80 318 3.5 75 83475
SF-A 7000 SF Lots 12.05 75 3.5 75 19688
SF-B 13000 SF Lots 3.28 11 3.5 75 2888
SF-B 21840 SF Lots 21.06 42 3.5 75 11025
Multi Family Residential 22.10 310 3.0 75 69750
Total 102.29 756 186825
Exhibit"C"
Summary of Average Annual Water Requirement"
Type of Use Quantity Units Annual Requirement
Inside t in
Single-Family"A" Detached (#of dwellings) 393 0.33 ac-ft/du 129.7 ac-ft
Single-Family"B" Detached (#of dwellings) 53 0.33 ac-ft/du 17.5 ac-ft
Multi-family (No. of dwellings) 310 0.29 ac-ft/du 89.9 ac-ft
Commercial(S.F.) 0 0.10 gpd/sf 0.0 ac-ft
Office(S.F.) 0 0.16 gpd/sf 0.0 ac-ft
Light Industrial(S.F.) 0 0.06 gpd/sf 0.0 ac-ft
Other(S.F.) 0 0 gpd/sf 0.0 ac-ft
Inside Use Subtotal(ac-ft) 237.1 ac-ft
Outside Ilse
Single-Family Detached (du's) 446 0.16 ac-ft/du 73.2 ac-ft
Multi-family Attached Dwellings(du's) 310 0.05 ac-ft/du 16.4 ac-ft
Commercial(ac) 0 2.5 ac-ft/du 0.0 ac-ft
Office(ac) 0 2.5 ac-ft/du 0.0 ac-ft
Light Industrial(ac) 0 2.5 ac-ft/du 0.0 ac-ft
Parks and Other Irrigated Areas(ac) 3.1 2.5 ac-ft/du 7.8 ac-ft
Other(ac) 0 2.5 ac-ft/du 0.0 ac-ft
Irrigation Subtotal (ac-ft) 97.3 ac-ft
Total Annual Water Demand(ac-ft) 334.3 ac-ft
Average Annual Consumptive Use
inside Use
Total Demand (ac-ft) 237.1 x 0.05 11.9 ac-ft
irrigation Ilse
Total Demand (ac-ft) 97.3 x 0.85 82.7 ac-ft
Total Annual Consumptive Use 94.5 ac-ft
APPLICANT:
BY:
Authorized Representative Date
Note:
In order to regulate consumption of water for irrigation,the covenants and restrictions for the
development will stipulate that no individual property will be allowed to have more than 10,000 s.f.
of irrigated landscaping.
t/Johnstown/Admin/Calcs/johnewn_dmds.xls 2/23/01 - - -
Town of Johnstown
A;ERAGE ANNUAL WATER DEMAND WORKSHEET -
Project Name: Holman Property
Developer: Lumbermen's Development Corp.
Consultant: Turner Collie&Braden
_
Contact Person: Jennifer L Smith
Telephone: (303)298-7117
1 and I Ices and Irrigation DemanrlM
Residential Land Ilse Total
Single Family"A" Single Family"B"
Nominal Single-Family Lot Dimensions 60'x 100' 70'x 100' 112'x 195' 130'x 100'
Breakdown: Area(s.f.) Area (s.f.) Area (s.f.) Area(s.f.)
Building Footprint 1350 1350 2800 2000
Garage 450 450 800 800
Driveway 550 550 1000 1000
Sidewalks 150 180 250 220
Patios 400 400 1000 700
Irrigated Landscaping (see footnote) 3100 4070 8000 6000
Pavement&Other Non-irrigated Areas 0 0 7990 2280
Nominal Single-Family Lot Size 6000 7000 21840 13000
Nominal Multi-Family Lot Size 3105
Aerial Breakdown
Building Footprint 1200
Irrigated Landscaping 900
Pavement&Other Non-irrigated Areas 1005
Residential Irrigation Demand
Number of Single-Family Lots 318 75 42 11 446
Avg. Irrigated Area/Lot(ac) 0.071 0.093 0.184 0.138 0.066
Number of Multi-Family Dwellings 310
Avg. Irrigated Area/MF dwelling (ac) 0.02
Typical Irrigation Rate(ac-ft/ac/yr) 2.5 2.5 2.5 2.5 2.5
Irrigation Water Demand (ac-ft/yr) 56.58 17.52 19.28 3.79 74.10
Other I and Uses
Irrigated Parks(ac) 3.1
Irrigated Entry Features (ac) 2.2
Irrigated Street R.O.W. (ac) 0
Other Irrigated Areas(ac) 0
Other Land Uses Irrigation Demand
Total Irrigated Area (ac) 5.3
Typical Irrigation Rate(ac-ft/ac/yr) 2.5
Irrigation Water Demand (ac-ft/yr) 13.25
Total Irrigation Water Demand (ac-ft/yr) 87.35
I:uohnstown/Admin/Caicsljohnstwn dmds.xls - Turner Collie&Braden Inc.
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JOHNSTOWN
STATE HWY 60
i PROPO�SAN. JCHN T04:'J
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BY JOB NO.
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€ DENVER, COLORADO 80202 FEB 2001
E CUENT REVISION NO. WATER AND SEWER UTILITY PLAN
e HOLMAN DEVELOPMENT & CONSTRUCTION CO., LLC
JOB NAME ADDENDUM NO.
BECKER-DEE FARM PUD
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1 - STATEMENT OF INTENT BECKER-DEE FARM P.U.D.
OUTLINE DEVELOPMENT RAN (COP) IS INTENDED TO SERVE AS A DEV Of CONCERT - 3. PEDESTRIAN PATHS/MARSTT6
FOR,HE ZONING OF THE PROPERTY CONSSDNG OF UPROKMATELY 2323 ACRES PLF%II/M104,HE OUTLINE DEVELOPMENT PLAN TOEWALC. PATHS µ0 RAILS STALL BE PROANED WITH PARK/OPEN SPACE AREAS µD
I BECKER-DEE FARM P.U.D.TO TIE TOWN Of JOHNSTOWN, COLORADO. THIS OOP MENDED
i0 LINK,WHERE FEASIBLE, RESIDENiW AREAS AND OPEN SPACE AREAS.
G MEN
TO CREATE A COMPATIBLE VARIETY OF HAND USES TAT PROAx FOR A HOMOGENEOUSSUCH PATHS SHALL CONSIST OF ASPHALT, CONCRETE OR CRUSHED ULIESTONE I
OF RESIDQRW.USES THAT ARE II KEEPING WITH TH
E UNIQUE MID RANGE FROM 3 TO 6 FEET IN MATH. SUCH PATHS SHALL BE WIMNNCD BY A
PHYSICAL ASPECTS. LOT LAYOUT, ROAD ALIGNMENTS AND LT-FAMILY STING DOLL BE A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 8 ' - HOMEOWNER'S ASSOCIATION of THE TOWN OF JOHNSTOWN DEPENDING UPON LOCATION.DO
RENO AT TIME OF PLATTING WITH ADJUSTMENTS ALLOWED FOR span SITE MID MARKET SUBJECT TO APPROVAL BY SUCH ENTITY.
CONDITIONS. AND THE SOUTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP 4 NORTH 4' LIGHTING
LIGHTING WITHIN THE PROJECT SHALL CONSIST OF DOWNCAST VARIETIES µD SHALL NOT
RANGE 67 WEST, 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STAY AM OSALL NOT GLARE ON ALLCON LAND USE N TALL BE COORDINATED
LIGHT
PROPOSED ZONING
STANDARDS STALL EXCEED 10 FEET N HEIGHT MID STALL BE COORDINATED WITH
THE TOWN OF JOHNSTOWN AS TO LOCATION. STYLE AND FUNCTION. A UGHNG PLAN
STATE OF COLORADO. SHALL BE PREPARED AT THE THE OF FR C DEVELOPMENT PLAN IN ORDER TO
THE PROPOSED ZONING FOR FOR THE PROPER : PUD-R. PLANNED UNIT INTEGRATE FACILITIES INTO THE VARIOUS USE AREAS.
DEVELOPMENT RESIDENTIAL DISTRICT.
S. STORAGE
IA. BOATS, CAMPERS,µD TRAILER VEHICLES SHALL ONLY BE PERMITTED TO BE STORED
WITHIN COMPLETELY ENCLOSED STRUCTURES OR WITHIN AREAS SPECUICALLY DESIGNATED
LAND USE TABLE FOR SUCH STORAGE. PROVIDED SUCH AREAS ME BEHIND BUILDING SETBACK LINES.
i SUCH STORAGE SHALL ONLY BE PERMITTED Si SINGLE EMERY AREAS.
JOHNSTOWN B. NO OUTSIDE STORAGE OF WTERIAS OTHER THAN THOSE REQUIRED FOR THE IRITVL
LAND USES ACREAGE UNITS GROSS DENSITY TOTAL AREA CONSTRUCTION Of THE STRUCTURES SHALL BE PERMITTED EXCEPT WITHIN THE AREAS
J MILES PRWIOED Al THE TEMPORARY USE AREAS DESCRIED BELOW.
SINGLE FAMILY-A 86.2 392 4.4 DU/AC JT.94% TO STATE HWY 60 ,7 ` ` __ _ __ _-. .. C. TRASH YSS O LCOLLECTON µD W BE KEPT IN SD WITIN HIN
MF/STHEWIT REIN 1SIDNEEMM�t1LUNITSLY UNTIL
I SINGLE FAMILY- B 419 53 1.2 DU/AC 16.455 GO� OO 6. COMMON AREAS
P•A <I SITE COMMON AREAS WITHIN THE PROJECT SHALL BE OWNED MD 'WHIRRED BY ETHER A
MULTI FAMILY 22.1 309 14.0 DU/AC 9.50X IA R' HOMEOWNER'S OR PROPERTY OWNER'S ASSOCIATION ESTABLISHED FOR SUCH PURPOSE
�lLQ-• .�� MD/DR THE TOWN OF JOHNSTOWN
SCHOOL COMMERCW 00 0 0.0 Qp; S� MI
3.0 NA NA 1.292 ___ GREAT S / IS COUNTY RD NO. 46-1 Y T. UNDIES
ALL TO o (WATER. RN SPECIFICATIONS
SEWER AND STORM SEWER) SHALL BE CONSTRUCTED OR TO
PUBLIC OPEN SPACE 40.0 NA NA 21.065 SEC 8 / THE TOWN OF JOHNSIOWN SED BASED AND ASING BY THE TOWN BR TO
CONSTRUCTION WY BE PHASED BASED UPON A PHASING PLAN THAT SHALL BE
SUBMITTHE ED AT THE Of ANAL PLATING.
PRIVATE 9ATE OPEN SPACE 25.1 NA NA lO.eDS LANDSCAPE REQUIREMENTS
LANDSCAPE 2.2 NA NA 0.94%
I 1. THE MAJOR TYPE OF LANDSCAPE MATERAIS SHALL CONSIST OF PLAIT TYPES
TOTAL 2323 754 3.2 DU/AC 100.00X COUNTY RD NO. 46 , WHICH AREA KNOWN TO SURVNE WELL IN COLORADO CLIMATE µD WHICH ARE DROUGHT
TOLERANT. THE NUMBER AND PLANT
INTERNS STALL BE DETERMINED AT
IT
—uANIAAT n 2. CONIFEROUS TREES SHALL BE MINIMUM OF 5 FEET IN HEIGHT. DECIDUOUS TREES
".
S 0 t N. GUY P"Am SHALL BE A MINIMUM OF 2 INCHES IN CALIPER. WRH THE EXCEPTION OF 'STREET
LAND USE STANDARDS - 2 .Y- O
I / 2 TREES'WITHIN RESIDENTIAL AREAS WHICH SHALL BE A MINIMUM OF 1 X INCHES IN
I I. SINGLE FAMILY-A 2 SEC 17 2 0 CALIPER ORNIEMENCAL TREES SHALL BE 1 X INCHES IN CALIPER.
IY EVERGREEN AND DECIDUOUS SHRUBS SHALL BE A MINIMUM OF 5 GALLON
A STATE OF MEIN I t SEC 16 ti SIZE SIZE AND GROUND COVERS SHALL BE A MINIMUM OF THE EOUNALENT OFT GALLON IN
ENS NIS5 LAND USE AREA IS INTENDED TO PROVIDE FOR THE DEVELOPMENT Of MEDIUM DENSITY 2 , 3. ALL STIES DISTURBED FOR CONSTRUCTION. BUT NOT YET PROPOSED FOR
SINGLE-FAMILY DWCIlAA UNITS WITH A FRILL COMPLEMENT OF ACCESSORY USES. N. o DEVELOPMENT. SHALL BE GRADED AND SEEDED WITH WINE SEED. ALL PERMANENT
1.1 L USES PER FED W I 2 U n LANDSCAPE AOPEN SPACES ND DISTURBED DURING CONSTRUCTOR) SHALL LANDSCAPING TECHNIQUES ETHER WITH MASSI PLANED LATERALS AND
1. SINGLE FAMILY DETACHED OWED NG UNITS as a COUNTY RD N0. 44 REASONABLE COMBINATIONS OF PLANT VARIETIES.
I • 2. ATTACHED OR DETACHED GARAGES OR CARPORTS AND PAVED T EX AREAS
3. ACCESSORY STRUCTURES INCLUDING STORAGE BUILDINGS NOT T EXCEED 100 SF I. THE YNIMUY PERCENTAGE (AS A PERCENTAGE OF THE TOTAL USE AREA) OF OPEN
4. PARKS MO OPEN SPACES,RECREATION AREAS AND FACILITIES. PUBLIC OR VICINITY MAP SPACE AREAS SHALL CONFORM TO 111E FOLLOWING SPACE
LAND USE:
PRIVATE 1��2EI00' A. 'RESIDENTIAL AREAS -THE MINIMUM REQUIRED OPEN SPACE N THE RESIDENTIAL
L
6 5. SERVICES BUILDING MA FACLRES NORMALLY INCIDENTAL TO THE USE OF A PARK PORTIONS OF PUD AREAS DESIGNATED BE 305 OF THE TOTAL AC PORTIONS OF THE
'W OR RECREATION AREA STIES INCLUDING ALL AS PARK OR OPEN SPACE RUC REOURED
IT 6. CDMWOtt BUILDINGS SUCH AS A CLUB NOISE OR COMMUNITY OR10E OPEN SPACES .SHALLDRN BE LAND AREAS NOT OCCUPIED BY BURDNG, STRUCTURES.
8. 011.0 HER PARKING AREAS. DRNEYJAYS.STREETS OR ALLEYS. SAID OPEN SPACE DWI BE
DEVO9. PUBLIC AND PRIVATE CARE CENSCWR.S 3. DOLT-FATLY MMID TTHHE PRESERVATION TO LANDSCAPING.
F TURL FEATURES.ENTgNWL USES µO uNCWF.RED FACIE-TIES,
14 LIBRARIES. POLICE R FRE MO POSTAL FARES PARKING STANDARDS
A STATEMENT OF NMEMM MISCELLANEOUS REQUIREMENTS
11. ENTRY FFATLRES. SCANS µD OR SECURITY GATES TITS LAND USE AREA 5 KIDDED TO PROVIDE TON TIE REMOTELY. DEVELOPMENT OF 1. OFT STREET PARKING REOINRdENT5
12. :0:sE NTOC STA GIRD 10 1M PROVISIONS Of SECTION 16-142 OF TIE MOLT-FAMILY DWELLINGS INCLUDING PATTO HOMES.TOWMIOUSES• CONDOWMUYS AND A SINGLE FAIRLY DETACHED 2 SPACES/UNIT 1. POLLDION CONTROL
TOM COM3
C. DEVMENT STANOMDS APARTMENTS WHERE THE ROUE OWNERS ASSOCIATION WILL MAMNN ALL COMMON AXIS. B. MULTI-AMID 13 SPACES/UMT AREAS DISTURBED DURING CONSTRUCTOR STALL BE'TREATED IN SUCH A MANNER SO AS
I. IN LOT SILL 6,000 Si C. CHURCH/ASSEMBLY FACUIIFS 1 SPACE/3 SEATS TO T NNGE THE IMPACTS OF EROSION AND DUST POLLUTION. NO OTHER POLLNTNG
2. WNIWY FRONT SEi84GR:20 FEET B. USES PERMTTED D. WY CARE 3 SPACES/1000 SF GIA ACTIVITY SKILL BE PERMUTED DR A PERMITTED BASS.
3. MINIMUM SIDE SETBACK: 5 FEET 1. SINGLE FAMILY DETACHED DWELLING wins - E ELEMENTARY SCHOOL 2 SPACES/CLASSROOM 2. TEMPORARY USES
4. MINOAN REM SETBACK: 15 FEET - 2. ATTACHED DWELLINGS OF ENO (2) OR MORE UNITS F. JUNIOR/SENIOR HIGH SCHOOL 1 SPACE/5 STUDENTS
TEMPORARY WAILERS AND/OR RESIDENTIAL UNITS WY BE USED AS SALES OR
5. YTNORW OSTANCE FROM PFRa n 3. MART-FNIILY DWELLINGS OF TWO(2)OR MORE ARMS NCIODNG N'N[IMD113. CONSTRUCTION OFFICES DURING THE SALES AND CONSTRUCTION PERIOD. TEMPORARY
ROW(CR 46-1/2) TOWNMYES OR CONDOIRNIMS 2 PARKING DEVELOPMENT STANDARDS MATERIAL STORAGE, CONCRETE BATCH PLANTS MID OTHER TEMPORARY CONSTRUCTION
OR PUD BOUNDARY 20 FEET BUILDINGS♦. ATTACHED OR DETACHED
GARAGES OR CARPORTS AND PAVED PARKING AREAS PARKING AREAS SMALL INTEGRATED ll BE MO EACH SITE PLAN Al SUCH A MANNER AS TO USES W Y BE PERMITTED DURING THE CONSTRUCTOR PERIOD PROVIDED SUCH AMIDES
0. MAXIMUM BUILDING HEIGHT 35 FEET 5. ACCESSORY STRUCTURES INCLUDING STORAGE BUILDINGS NOT TO DICED 100 SF ENHANCE THE VISUAL AND FUNCTIONAL APPEARANCE
5 SHALL BE AOMPIl51ED ARE SECURED µ0 NOT OFFENSIVE SUCH TEMPORARY USES STALL TERMINATE 90 GAYS
I— PARKS A OPEN SPACE RECREATION AREAS AND FACILITIES, PUNIC OR PRIVATE THROUGH THE USE OF LANDSCAPING AND LINO SCRUTMIG INCLUDING SETTLING AND AFTER CONSTRUCTOR OF THE FINAL BUILDING WITHIN THE PROJECT.
6. ANDCXURCN STEEPLE ep FEET PARK OR RECREATION AREA LANDSCAPE MASSING. PARKING SNAIL NOT OBSTRUCT THE VIEWS OF BUILDING GROUPS 3. BUFFERING
T. TYPICAL ARCHITECTURAL
SAES: 60' 1100' T. SERVICE BUILDINGS AND FACILITIES NORMALLY INCIDENTAL TO THE USE OF A PARK AND LANDSCAPE ISLANDS SHALL BE NPIEUENTEB RANDOMLY T'O G OUT THE FACILITY WHERE DIFFERING LAND USE ABUT ONE ANOTHER, BUATERING TECHNIQUES SHALL BE
e FIREPLACES AL FEATURES IN INTO THE REMITTED CLUDINGSAVES. SETBACKS UP GEAMMADLIUM OF 24 OR RECREATION AREA TO FURTHER DIFFUSE THE IMPACT µD AESTHETICS OF THE USE. IMPLEMENTED TO DIFFUSE ANY NEGATIVE IMPACTS. THESE BUFFERING TECHNIQUES MID
0. INCHES. PORCHES AND DECKS MAY ENCROACH INTO THE REQUIRED SETBACK W TO A 0. COMYUNDY BUILDINGS SUCH AS A CLUB HOUSE OR COMWNIIY OFFICES - THOR LOCATION SHALL BE DETERMINED AT THE THE OF PUTTING.
a MAXIMUM OF 24 RKHES I. CHURCHES AUXILIARY USE STANDARDS - 4. ARCHITECTURAL SiµOAiRDS
a9. DETACHED GARAGES AND CARPORTS SHALL MEET ALL REWIRED SETBACKS AND
10. 0110 CARE CENTERS
MEOW WALL OF STRUCTURES SHALL BE DESIGNED AND FINISHED WITH
CO SNu1 BE CONSTRUCTED N ACCORDANCE WITH THE UNIFORM BUILDING NBC( )'CODE 11. PUeUC AND PRIVATE SCHOOLS I. SIGNS - ARCHITECTURALLY µ0 AESTHETICALLY PLEASING MATERIALS COMPATIBLE WITH THE
12. LIBRARIES, POLICE. FRAMESE AND POSTAL FRAMES TEMPORARY NATURAL FEATURES OF TIE PROPERTY. SPECIFIC MATERIALS SHALL INCLUDE MATERIALS
r) 13. ENTRY FEATURES, SIGNS AND/OR SECURITY GATES TWO TEMPORARY SIGNS FOE EACH USE AREA SHALL BE PERMITTED DURING SAES MO SUCH AS BRICK. STONE,TEXTURED CONCRETE. WOOD SIDING, MASO NNE, HARDBOARD OR
0 2. ANGLE FAMILY- B 14. HOME OCCUPATIONS LDIRFCT TO THE PROVISIONS OF SECTION 16-142 OF TIE CONSTRUCTION OF THE PROJECT. THESE SIGNS, S,ERECTED AT THE ACCESS POUT VINYL SIDING. AND STUCCO. COLORS SHALL BE NON-OFTENSNE NATURAL EARTH TONES.
TOWN CODE SHALL BE A YNNW OF 20 SOUWE FEET PER LACE AND SHALL NOT DICED 40 THE USE OF EAVES, GMETTLEVER5, PROTRUSIONS AND OTHER ARCHITECTURAL EFFECTS
E; A STATEMENT OF INTENT SOMME FACE AREA, DOUBLE FACES. NA AND SIL ACT EXCEED 15' IN REHEIWR. E C. DEVELOPMENT STANDARDS SGSHALL BE USED TO BR UP LONG EXPANSES CT WALL AREAS. COMPATIBLE
\ T0$LAND USE AREA IS INTENDED TO PROVIDE FOR THE DEVELOPMENT OF ESTATE NS MAY NOT BE CLOSER THAN 5 FEET TO ANY PUBLIC RIGHT-OF-WAY AND MAY NOTUK
n SINGLE-FAMILY DWELLING UNITS WITH A FULL COMPLEMENT OF ACCESSORY USES. I. ANNUM LOT SIZE: N/A ENCROACH WITHIN THE VISUAL SIGHT ft F Ammar Es TRIANGLE. F SCANS ARE TO BE MATERIALS MID STYLES SHALL BE USED TO MAINTAIN MANMONY WITH ADJACENT
2. =MUM FROM SETBACK: 10 FEET LJGHTED, SAD LIGHTING SHALL BE BY MEANS OF DIRECTONAL SPOTLIGHTS. INDIVIDUAL STRUCTURES WITHIN EACH USE AREA. ROOFTOPS SHALL BE DESIGNED TO SCREEN
N BETCALLY PLEASING
. USES PERMITTED 3. MINNW FROM SETBACK TO CARAPEO 20 FEET SIGNS NOT EXCEEDING B SOWRE FEET OF FACE PER SIDE AND NOT EXCEEDING FOURoF VIEWS AND MECHANICAL EOAPMEM,VENTS. AND DUCTS IN A MANNER THAT MINIMIZES DESTRUCTION
4. MINIMUM SIDE SETBACK: 5 FEET FEET Al HEIGHT FOR RESIDENTW.USES AND 32 SQUARE FEET OF FACE AND NOT APPEARANCE. PROVIDTIVE ROOFTOP DEMENTS SNCHES AN ARCHITECTURALLY AND ALIS SOAR COLLECTORS AND
I. SINGLE FAMILY DETACHED DWELLING UNITS - 5. MNMIY ODTANx BETWEEN BUILDINGS: t0 FEET
EXCEEDING 12 FEET IN HEIGHT FOR COMMERCIAL USE MAY ERECTED AS REAL ESTATE
2. ATTACHED DR DETACHED GARAGES OR CARPORTS µD PAVED PARKING AREAS 0. MINLRM REAR SETBACK: 10 FEET SIGNS. THESE SIGNS MAY BE ILLUMINATED BY DIRECT SPOllGl115.
SMW.ME IF INSTALLED, SHALL BE SET UP TO MINIMIZE CURE ON ADJACENT
J. ACCESSORY STRUCTURES INCLUDING STORAGE BUILDING$ NOT TO EXCEED 1W T. WNROW DIS ANCE FROM PdNEER PROPERTIES
SF
4. PARKS AND OPEN SPIRE RECREATION AREAS AND FKNTIES, PUBLIC OR ROW(CR 41-1/2) B. PERMµEM BUILDING SNAIL BE SENSITIVELY LOCATED TO MAXIMIZE NEWS THEREFROM, VIEWS FROM
U PRAIRIE OR PUD BOUNDARY 20 FEET PERMANENT SIGNS SHALL BE FOR THE PURPOSE OF IDEITYT1NC THE VARIOUS LAND OTHER G A USES AND IN A MANNER THAT COMPLEMENTS THE SURROUNDINGS EFROM, MID
I 5. SERVICE BUILDING AND FACLIIIES NORMALLY INCIDENTAL TO THE USE OF A PARK 0. MAXIMUM BUILDING HEGM 45 FEET USES,MA FOR DIRECTOMLL PURPOSES. THEY SHALL BE OF MONUMENT TYPE BLENDS WITH E OVERALL PLAN. CLUSTERING OF BUILDINGS SHALL BE UTILIZED
G OR RECREATION AREA. 9. ARCHITECTURAL FEATURES INCLUDING SAVES. CANTILEVERS, STORAGE SHEDS,µD INTEGRATED RIO THE LANDSCAPING OF ENTRYWAYS TO EACH USE AREA THE COLOR E-RE POSSIBLE TO PROVIDE THE CLUSTMAXIMERING
M AMOUNT OF OPEN SPACE AND TO MINIMIZE
6. COMMUNITY BUILDINGS SUCH AS A CLUB HOUSE OR COMMUNITY OFME - FIREPLACES MAY ENCROACH INTO THE REQUIRED SETBACKS UP TO A 4AXIMW OF 24 STYLE• DESIGN MD MATERIALS SHALL CONFORM TO THE GENERAL ARCHITECTURAL TIC IMPACT ON VIEW WHERE POSSIBLE.
7. CHURCHES INCHES. PORCHES NO DECKS MAY ENCROACH INTO ENE REWIRED SETBACK UP TO A CHARACTER Of THE LAND USE THEY IDENTM. ALL SIGN DESIGNS AND LOCATORS
B. CHILD CARE CENTERS MAXMM OF 24 INCHES SHALL BE CMEFIILLT COORDINATED WITH THE SPECIFIC SITE PLANS.
11 B. PUBLIC AND PRAIRIE SCHOOLS 10 DETACHED GARAGES AND CARPORTS SHALL MEET ALL REWIRED SETBACKS AND DEVELOPMENT SCHEDULE
N TO LIBRARIES,PONCE ARE µ TI D POSTAL FACUES SMALL BE CONSTRUCTED N ACCORDANCE WITH THE UNIFORM BUILDING CODE(ABC). 1. RESIDENTIAL
W 1I. ENTRY FEATURES. SIGNS µD OR SECURITY GATES I - •.. . - - -.. -ONE-(T)-PERMANENT-PROJECT IDE IFI CATION-SIGN.SKILL BEPERMITTED AT EACH MAJOR ( 1, R G PROPOSED THAT THIS PLO SHALL BE DEVELOPED IN MULTIPLE PHASES. D 5
4. PARKS AND OPEN SPACES ENTRANCE TO EACH USE AREA. SUCH SIGNS SHALL BE MONWFNT TYPE WITH A ANTICIPATED THAT THE SINGLE FAMILY AND MALT-FAMILY PHASE SHALL BE DEVELOPED
OCCUPATIONS a 12. HOME SUBJECT TOT HE PROVISIONS OF SECTION 16-142 Of TIE TOGETHER. DEVELOPMENT OF PHASE I SHALL BEGIN IN THE SPRING OF 2002 WITH
TOWN CODE WOMAN Of 50 Si OF FACE AREA PER FACE, WT BE DOUBLE FACED AND UP TO 50
LIGHTING U A STATEMENT OF INTENT 5ADOITIOIEAL PHASES TO FO OW.
(6) FEET N HEGHT. THE SOBS WY NOT BE CLOSER 10 FEET OF MN RIGA-OF-WAY 2. A PHASING PLAN THE SHALL BE PROVIDE TO TOWN or JOHNSTOWN AT THE THE OF
C. DEVELOPMENT STANDARDS THIS LAND USE AREA INTENDED TO PRESERVE AND USE LAND FOR BOAR PUBLIC UNLESS INSTALLED N ISLAND.A ACORN TING SHALL BE BY INTERNAL ILLUMINATION
O I. MINIMUM LOT SCE: 12,500 SF AN PRIVATE RECREATIONAL USES. OR BY DIRECTED SPOTLIGHTS.
S 2. MINIMUM FRONT SETBACK 20 FEET
I 3. MINNW SLOE SETBACK:5 FEET • B. PERLNTD USES 2. FENCES N
O 4. MINIMUM REAR SETBACK: 15 FEET 1. PUBLIC AND PRIVATE PARKS OPEN SPACE AREAS,AND RECREATIONAL AREAS A FENCING WITH THE PROJECT SHALL CONSIST OF WOODEN,GRAPE STAKE MD PANEL
0 5. MINIMUM DISTANCE FROM PERIMETER PROVIDING FOR BOTH ACTIVE ANA PASSNE RECREATION Anima DEVELOPED - PICKET. SPILT RAIL VINYL WROUGHT IRON MA/O R MASONRY(BRIO(. ROCK. STUCCO.
• vJ ROW (CR 45-1/2
I OR PUB BOU 20 FEET 2. PUBLIC, COMMEOUL AND PRIMATE GROIN OUTDOOR RECREATIONAL FACILITIES
n 6. MAXIMUM BUILDING HEIGHT:35 FEET 3. PUBLIC SCHOOLS B. ND FENCE=W. SICCED 6 FEET Al HEIGHT,
N CHURCH STEEPLE 60 FEET 4. SERVICE BWDNGS AND FAC ODES NORMALLY INCIDENTAL TO TIC USE OF A PUBLIC C. NO FENCE SHALL OBSTRUCT VISUAL SIGHT DISTANCE TRIANGLES AT STREET
PARK µD RECREATIONAL AREA. MERSECTgN.
C T. TYPICAL LOT SIZES: 100'X 150' D. PERMITS FOR ALL FENCING SHALL BE OBTAINED PRIOR TO INSTALLATION.
E. FENCES WITHIN THE FRONT YARD AREA SHALL NOT EXCEED 42' Al XEacT.s` B. ARCNRECN W FEATURES INCLUDING SAVES. CANTILEVERS. STORAGE SHEDS,AND 5. PUBLIC ADHRWSIRMNE OFFICES AND SEWAGE BUILDINGS
TiunerCCdlie BFdC�tl11TK
FIREPLACES WY ENCROACH INTO TIE REQUIRED SETBACKS IF TO A MAXIMUM OF 24 4 PUIC AND PRIVATE MITI INSTALLATIONS NRUpNO STORM WATER DETENTION F. EXCESSIVE FENCING SHALL BE AMOCO THROUGH TIC USE Of ALTRNATWE FENCING. P S M,R PROJECT MANAGERS
I .c MAXIMA APORCHES M 24 AD DECKS WY ENCROACH INTO THE REWRED SETBACK LIPTO A AREAS'AND FAClITE5 SW EXCLUDING TRANSMISSION ONES µD SUBSTATIONS.
VARYING FENCE HEIGHT AND SINE STAGGERED MGNHEM OF'ACM. UWSCPRG NO 0014X CMOMW em6S
.2C. DMLOP DIT STANDARDS • BUTTERING TECIMIQUES, LANDSCAPE FEATURES SNtl BE NCORPDRA,1[0 MO TIC PICK(3O3)295-7117 FAX(]W)M-ALAI
9. DETACHED GARAGES AND CARPORTS SHALL MEAT ALL IFORM REQUIRED ILDWI SETBACKS CODE (UBC). 1. MINIMUM LOT SIZE -THERE STALL BE NO MINIMUM LOT SIZE FOR OPEN SPACE STRfETSCAPE ALONG µD PATH IN THE RSSOOOut AREAS
4 SNALL BE CONSTRUCTED IN ACCORDANCE WITH THE WIFDRM BUILDING AREAS. . C SHEET 1 OF 2
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j I I1 GREAT CDUNfY RD NO. 46-1 2
A PORTION OF THE NORTHEAST ONE-QUARTER PARC.2
' � `..� .. ;I OF SECTION 8 AND THE SOUTHWEST SECS .C
,' ONE-QUARTER OF SECTION 9, TOWNSHIP 4 AYAC SEC 9
A03.
, i`' i MULTI MIRY I - NORTH RANGE 67 WEST, 6TH PRINCIPAL 4
'
COUNTY RD NO. 46
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STATEMENT OF INTENT wawa p �e I I \ 1 = • PROPOSED RIGHT OF WY
_ PROPERTY OWNERS/APPLICANTS/CONSULTANTS l 1 {{{ �•`. \, \
THIS OURME DEVELOPMENT PLED (OOP) IS INTENDED TO SERVE AS A / I \\ y %/ I!/
DEVELOPMENT CONCEPT FOR THE ZONING OF TIC PROPERTY CONSISTING Of PROPERTY IEYNFRR: a4 i N.
ARPROOWJELY 232.5 ACRES WITHIN THE BECKER-DEE FARM P.U.D.TO THE KENNETH DEE, PERS REP. ESTATE ELM E. DEE 1 ]' I / ` \\ \` NOTES:
TOWN OF JOHNSTOWN. COLORADO. TADS OOP G INTENDED TO A 505 NORTH 250. ST. - O
COMPATIBLE VANE'TY OF LAND USES THAT PROVIDE FOR A HOMOGENEOUS JOHNSTOWN.COLORADO 80534 \ ,\ THE
DEVELOPMENT Of RESFIENTML USES THAT ARE IN KEEPING WITH 711E I I\r\) DEVELOPMENT DRAWINGS CONTAINED WITHIN THIS OLIVINE
PROPERTIES UNIOUE PHYSICAL ASPECTS. LOT LAYM]T,ROAD WITH
ADNTS MID RUSSELL M. BECKER ( •
/� n WE
�/ '� �` PLAN ARE INTENDED TO DEPICT GENERAL LOCATIONS
TONS
MULTI-FAMILY STING WILL BE REFRIED AT THE OF PLATTING WITH ADJUSTMENTS 10963 WHIRLWAY LH. .' J I �N . !I AND ILLUSTRATEDE'AU CONCEPTS OF THE TWIOGRAUAL PROVISIONS OF THIS
ALLOWED FOR SPECIFIC SITE AND MARKET COMMONS. - SANDY, UTAH 61092 F a6 — --j
- OUTLINE BOARD OF PLAN ONLY. N 6 PLAT APPROVAL
�r. F�� / �` , \--,
THE TOWN BOARD OF TRUSTEES SHALL ALLOW VARIATIONS FOR
JOSEPH 0. BECKER 8 f!d / r. \ , , iPUi BUILDING DESIGN
PURPOSE OF ESGBLJSHING:Y.PROPOSED ZONING P.O. BOX 31051 b �� 1
POOAlEl10. 'ONO 83201 +A' fff�� <• ) '� 1 FOAL CONFIGURATION OF LOT AND TRACT STIES AND SHAPES
TIC PROPOSED 2d11NG FOR THE PROPERTY IS: PUD-R. PLANNED UNR I I } '{! ,¢ / \\- `. FINN.BUILDING EINUCPE5 MID BUILDING SITING
DEVELOPMENT RESIDENTIAL DISTRICT. PATRICIA O'CONNOR •
j MAW rAYLY ., . 44r CI4' F® ..a 1'1! / '\4\ , ,' -C'-� IANDSCATE AND OPEN SPACE�TMIUS lIDnS
ONS
1741 DARTMOUTH ST. J i'y
MESA ARGONA 65203 ♦H4wN,q(, ■ . 0: V) tJ�e L■F[.I - VT' REDUCED PRINTS ARE ISSUED FOR COMRNEWCE WLY- CONSULT
in LEGAL DESCRIPTION R KIMBALL MROSIEIt ISIS um . ® J�\�YS�NL��'AJ:� EI l �-_ / SCALE
DRAWINGS N CASE OF CONFLICTS 011 FOR CORRECT
f S (E
R PARCEL 2 SALT TAKE CITY, UTAH 84111 q FI I . _
SF + / THE CONTOURS SHOWN ON THIS MAP ARE 10 FOOT INTERVALS. 2
\ FOOT CONTOURS SILL BE AVAILABLE FOR PRELIMINARY PLAT.
O THE SOUTH) OF THE NORTHEAST rtf Of SECTION 8.TOWNSHIP 4 NORTH. ■ , 1 �,I E: O _
CI RANGE 57 WEST OF THE 6TH P.M., COUNT OF WELD, STATE OF COLORADO. APPI KART/IMIFI OPFP. /Fyp
LUMBERMEN'S INVESTMENT CORPORA ON / V/ j •1 PARCEL a `, ,\ +mi In
64 IXCEPIIN6 1HE AST C A 1RAOF OF LAND DE4 OF TH R FOLLOWS: BEGINNING • SPAq ( I
di AT TIE NORTHEAST CORNER OF THE SOUTH( OF THE NORTHEAST f OF SAID PHONE TEXAS ]ROAD, SUITE 223 I • 0 ... / I h 9JIMN- Al-1BJJSM `
O MELTON 6: PHONE (9]T)>20-8690 YYY I j ` _ I. _ /+ 1%r NOW PLANNING COMMISSION APPROVAL
THENCE WEST 250 FEET; t\ ' + ��/'
THENCE SOUTH 70 FEET: HOLMAN DEVELOPMDR AND CONSTRUCTION CO.. TIC — I
p THENCE EAST 250 FEET: 3863 WEST COUNTY R0. 16 j' ) / r �� -� -- - APPROVED BY THE PUNNING COMMISSION OF THE TOWN OF
N THENCE NORTH 70 FEET TO THE PLACE OF BEGINNING LOVETAND, COLORADO 80539 I— E I t / o
I < PHONE: (970)290-5055 b• // • / II ! N \�i, JOHNSTOWN.COLORADO.THIS OAT a 2001.
CONTACT NAME JOHN L HOLMA II .■ _ _,
O THE PARSOUTHWEST) OF MELTON 9.TOWNSHIP 4 NORTH, RANGE 67 WEST Of MAYO /El! M FR ON51 TA!^ —^9Nrl V A 1 a A�, I a e // I PUBLIC OPEN[PAC/
61 .,, • sat \
t v TIE 6TH P.Y.. COUNTY OF WELD. STATE OF COLORADO. 9D9 EIGHTEENTH SIREETEN INC. PN/AR ' ✓ // J PRIVATE CPEN SPACE
CP EKCEPTTNG THEREFROM A PARCEL OF LAND CONVEYED TO NORTHERN SUITE 1500 I I \`C \ 14/-.aw Rau N
i 0 CONSTRUCTION COMPANY BY DEED RECORDED MAY 28. 1905 IN BOOK 221 AT DENVER, COLORADO 50202 -i�
p PAGE 72 CONT/JNWC 232.488 ACRES. PHONE: (303)20e-011) •
.,. \4 1 1�' €- `/ A
Y CONTACT WAD TM MASTERS OR JENNIFER SMITH M. •
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LAND USE TABLE L„HpY' j1 T err , \\ TOWN BOARD OF TRUSTEES APPROVAL
•
I BERNARD LASH L ASSOCIATES (PLANNER) , c' \ - .� APPROVED BY TIE TOWN BO RD OF TRUSTEES Of THE TOWN OF
O SUITE DRY CREEK Cy. I ,.. j. �� ', I �!• !>6V+1a N JOHNSTpM, COLORADO.TITS DAY OF 2001.
LAND USES ACREAGE UNITS GROSS DENSITY TOTAL AREA PHONE: (303)795-8433
COLORADO 9 �.,• ' P i�-\�)� eci'� 1\ \� 1
W •
SINGLE FAMILY A 58.2 392 4.4 DU/AC 37.94% CONTACT NINE BERNARD LASH 5 t4 Barr �I ;` 1:1 <
-' / l ._, - K . c<YOR
/ SINGLE FAIRLY - B 42.9 53 1.2 DU/AC 18.45X . VALERMN LLC (UNDSDAPE ARCHITECT) ] �+ l\/ j / �\ ..
a TO WEST DRY CREEK CIRCTE ,, I,ITE 210 I I \\\r- �V /MULAMLY 22.1 9 11.0 W/K wlfL LOLOIU00 8020 _ JI ..11COMMEAC N o.D o o.D + /yATTEST TOWN CTERNSCIO0L 3.0 NA NA 1.29% I / A /PUBLIC OPEN SPACE 49.0 NA NA 21.Oe% I . //` I rI \ / OSKETCH PLAN
V /I �j ®'ODD BEERS -UNOSCAPE 22 NA NA 094 COUNTY RD 44 � I 7• /
T (6P Row) 4 '_ DfARDR PWMP; PROJECT YMYOW
TOTAL -212.5 754 3.2 DU/AC 100.001[ i Y
S• C — J I /\ ' i \ a• ,. nA ( 3O--Tli(a rid(3009 2N-1124
I y4 / i / \� • YOUNTAN. J •T PApCiy
!I / l,! /,. ^. \,.. / ; / SHEET 2 OF 2
ANNEXATION AGREEMENT
A
ANNEXATION
THIS AGREEMENT is made and entered into this day of
19 by and between , hereinafter referred to as "Owner," and
the Town of Johnstown, a municipal corporation of the State of Colorado, hereinafter
referred to as "Johnstown" or "Town."
WITNESSETH:
WHEREAS, Owner desires to annex to Johnstown the property more particularly
described on Exhibit A, which is attached hereto, incorporated herein, and made a part
hereof(suoh property is hereafter referred to as "the Property"); and
WHEREAS, Owner has executed a petition to annex the Property, a copy of
which petition is on file with the Town Clerk; and
WHEREAS, Owner has prepared an annexation statement and outline
development plan identifying and illustrating requested zoning, proposed land use and
intended development of the property more particularly described on Exhibit B, which is
attached hereto, incorporated herein, and made a part hereof; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the
following Agreement regarding annexation of the Property to the Town and other matters
as set forth herein; and
WHEREAS, Owner acknowledges that upon annexation, the Property will be
subject to all ordinances, resolutions, and other regulations of the Town of Johnstown, as
they may be amended from time to time; and
WHEREAS, Owner acknowledges that the need for conveyances and dedication
of certain property, including but not limited to property for ways and easements to
Johnstown as contemplated in this Agreement, are directly related to and generated by
development intended to occur within the Property and that no taking thereby will occur
requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES
AND THE COVENANTS AS THEREINAFTER SET FORTH, IT IS AGREED BY
AND BETWEEN THE PARTIES AS FOLLOWS:
zxatt 11/6+/98 Page I -
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing
recitals into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth the terms and
conditions of the annexation of the Property to the Town. Except as expressly provided
for herein to the contrary, all terms and conditions herein are in addition to all
requirements concerning annexation contained in the Johnstown Municipal Code,
Development Regulations and Comprehensive Plan, and the Municipal Annexation Act of
1965, as amended, C.R.S. 31-12-101 eL.q,
3. Further Acts. Owner agrees to execute promptly upon request of Johnstown
any all surveys and other documents necessary to effect the annexation of the Property and
the other provisions of this Agreement. Owner agrees to not sign any other petition for
annexation of the Property or any petition for annexation election relating to the Property,
except upon request of Johnstown.
4. ,Annexation Documents. Owner agrees to provide legal documents, surveys,
engineering work, newspaper publications, maps, and reports determined by Johnstown to
.__ be necessary to accomplish the annexation.
5. Action on Petition. Johnstown shall act upon the annexation petition within six
months of the date of filing thereof with the Town Clerk, unless Owner consents to later
action.
6. Zoning and Land Use. The parties recognize that it is the intent and desire of
Owner to develop the Property in a manner generally consistent with the zoning and land
uses presented in Exhibit B, and that the granting of such zoning by the Town of
Johnstown is a material consideration of the Owner's agreement to annex the Property to
the Town. Owner shall take all action necessary to permit zoning by Johnstown of the
annexed Property within the time prescribed by state statute.
7. Public Use Land Dedication. Owner agrees to dedicate, by General Warranty
Deed or other appropriate instrument of conveyance acceptable to the Town, a portion of
the territory to be annexed for public open space or other public purposes as directed by
the Town, in addition to easements and rights-of-way for streets and other public ways
and for other public purposes, all as required by Town ordinances and resolutions in effect
at the time of the dedication. Any such dedications for perimeter street rights-of-way
and/or utility easements shall occur immediately upon request of the Town. Further, any
such dedication for school purposes shall occur immediately upon request of the Town.
All other dedications shall be made at the time of subdivision platting unless the Town and
Owner agree to another time.
8. Water and Sewer Demand Study. Owner has submitted a Water and Sewer
Demand Study prepared by dated . Town herein
accepts said study and agrees that said study, as may be amended with Town approval
tilt 11/04/98 _ - Page 2 -
from time to time to reflect actual development and water and sewer demand, will serve as
the basis for determination of water dedications to be made pursuant to Paragraph 9.
9. Water Rights Dedication. Owner shall complete the dedication of water rights
as provided in the Johnstown Water Dedication Ordinance.
10.Municipal Services. Unless otherwise provided herein, Johnstown agrees to
make available to the Property all of the usual municipal services provided by the Town, in
accordance with the ordinances and policies of the Town. The services provided by the
Town include, but are not limited to, police protection, water and waste water services.
Owner acknowledges that Town services do not include, as of the date of the execution of
this Agreement, frre•protection, emergency medical, recreation, or trash removal services.
11. Public Improvements. Required public improvements shall be designed and
constructed to Town standards by Owner at Owner's expense. Owner further agrees to
provide financial guarantees for construction of all required improvements, and, to
dedicate to The Town any or all of the improvements as required by Town ordinance.
12. Streets. On-site and required off site streets shall be designed and constructed
to Town standards by Owner at Owner's expense. Owner shall be entitled to
reimbursement for oversizing of streets in accordance with the ordinances and policies of
the Town.
13. Water and Waste Water Utilities. On-site and required off-site water and
waste water mains and appurtenances shall be constructed to Town standards by Owner at
Owner's expense. Owner shall be entitled to reimbursement for oversizing of said mains in
accordance with the ordinances and policies of the Town.
14. Drainage. A drainage study of the entire annexation territory will be provided
by the Owner. Improvements recommended by such study shall be completed by Owner,
at Owner's expense, at the time of completion of each phase of development. All storm
drainage improvements will be approved and inspected by the Town Engineer and built in
accordance to the Town's building and construction standards. Owner will provide all
rights-of-way, drainage studies, park and detention pond areas, and the storm drainage
collection system. Drainage fees shall be paid at the time of the issuance of a building
permit for each home in accordance with the ordinances and policies of the Town.
15. Improvement Districts. If requested by Johnstown, Owner agrees to consider
including the Property in one or more special improvement districts and other mechanisms
established by Johnstown for making improvements to streets and other public ways, or
for making other public improvements authorized by law.
16. Conformity With Laws. Owner agrees that the design, improvement,
construction, development, and use of the Property shall be in conformance with, and that
Owner shall comply with, all Town ordinances, resolutions and regulations including,
Dna 11/04198 _ Page 3
without limitation, ordinances, resolutions and regulations pertaining to annexation,
subdivision, zoning, storm drainage, utilities, access to Town streets, and flood control.
17. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the Town's ordinances or resolutions, or as a wavier of the
Town's legislative, governmental, or police powers to promote and protect the health,
safety, and welfare of the Town and its inhabitants; nor shall this Agreement prohibit the
enactment or increase by the Town of any tax or fee.
•
18. Disconnection. No right or remedy of disconnection of the Property from the
Town shall accrue from this Agreement, other than that provided by applicable state laws.
In the event the Property or any portion thereof is disconnected at Owner's request,
Johnstown shall have no obligation to serve the disconnected Property or portion thereof
and this Agreement shall be void and of no further force and effect as to such Property or
portion thereof.
19:Severabiliry. The parties agree that if any part, term, portion, or provision of
this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with
any law of the State of Colorado, the validity of the remaining parts; terms, portions, or
provisions shall not be affected, and the rights and obligations of the parties shall be
construed and enforced as if the Agreement did not contain the particular part, term,
portion, or provision held to be invalid.
20. Owners Association. Owner shall organize a unit owners association or
associations if appropriate for given parcels and/or unit types within the development of
the Property. Owner shall form the associations(s) pursuant to the Colorado Common
Interest Ownership Act ("Act"). C.R.S. 38-33.3-101 et seq. The Owner shall also
execute and record covenants and instruments of conveyance which comply with the Act
and which adequately provide for continuous ownership, operation, maintenance, repair
and replacement of common elements of the development, including but not limited to any
private roads, private common areas and private facilities. At least ten (10) days prior to
recording any covenants or instruments of conveyance to the association(s), Owner shall
provide such documents to the Town Attorney for review and comment.
21. Special District Inclusion. Within ten (10) days after written request by the
Town, Owner shall apply for inclusion of the Property within the (if the
Property is not yet within one of more of these districts), and any other special districts as
determined by the Town.
22. Future Cooperation. The parties agree that they will cooperate with one
another in accomplishing the terms, conditions, and provisions of the Agreement, and will
execute such additional documents as necessary to effectuate the same.
23. No Joint Venture of Partnership/No Assumption of Liability. Nothing •
• contained in this Agreement is intended to create a partnership or joint venture between
Grail II/04/98 - Page 4.
the Town and Owner or between the Town and any one or more of the individual owners
listed above, and any implication to the contrary is hereby expressly disavowed. It is
understood and agreed that this Agreement does not provide for the joint exercise by the
parties of any activity, function, or service, nor does it create a joint enterprise, nor does it
constitute any party hereto as any agent of any other party hereto for any purpose
whatsoever. Except as otherwise provided in Paragraph 26, no party shall in any way
assume any of the liability of any other party for any acts or obligations of the other party.
c-
24.Amendment. This Agreement may be amended only by mutual agreement of
the Town and Owner. Such amendments shall be in writing, shall be recorded with the
County Clerk of Weld County, Colorado, shall be covenants running with the land, and
shall be binding upon all persons or entities having an interest in the Property and/or
Water Rights subject to the amendment unless otherwise specified in the amendment.
25.Entire Agreement. This Agreement embodies the entire agreement of the
parties. There are no promises, terms, conditions, or obligations other than those
contained 'herein; and this Agreement supersedes all previous communications,
representations, or agreements, either verbal or written between the parties.
26.Indemnification Owner shall indemnify the Town as follows:
(a) Owner agrees to indemnify, defend,and.hold harmless the Town and
•
the Town's officers, employees, agents, and contractors, from and against all liability,
claims, and demands, including attorneys'fees and costs, which arise out of or are in any
manner connected with Johnstown's enforcement of this Agreement against Owner, or any
act, omission, error, mistake, negligence, or other fault of Owner, its officers, employees,
agents, or contractors in the performance of this Agreement or the use of the Property.
Owner further agrees to investigate, handle, respond to, and to provide defense for and
defend against, or at the Town's option, to pay the attorneys' fees for defense counsel of
the Town's choice for, any such liability, claims, or demands covered by this Paragraph
26(a).
(b) Owner agrees to indemnify, defend, and hold harmless the Town and
the Town's officers, employees, agents, and contractors, from and against all liability,
claims, and demands, including attorneys' fees and costs, which arise out of or are in any
manner connected with the annexation of the Property or any other action determined
necessary or desirable by the Town in order to effectuate the annexation of the Property.
The Town agrees that if a claim, threat of claim, or notice of claim is received by the
Town, then the Town shall take no further action relating to or connected with the
annexation of the Property without the written consent of the Owner. In the event that
the final annexation ordinance has not been passed at the time of such threat, notice or
claim, Owner shall have the right to withdraw the annexation petition. In the event that
the final annexation ordinance has been passed at the time of such threat, notice or claim,
Owner shall have the right with respect to any proceeding under C.R.S. 31-12-116 and
C.R.C.P. 106 challenging to the annexation to compromise or stipulate to or otherwise
Ott 11/04198 Page 5 -
•
•
direct the Town to stipulate to a decree overturning the annexation or any other decree
which avoids or mitigates any liability of the Town or Owner. The indemnity provided by
this Paragraph 26(b) shall terminate and ipso facto become void upon expiration of the
limitations period provided by C.R.C.P. 106(b).
(c) The obligations of this Paragraph 26 shall not extend to any injury,
loss, or damage caused solely by the act, omission or other fault of the Town, its officers,
employees, agents, and contractors. The Town and Owner understand and agree that the
Town is relying on, and does not waive or intend to waive by any provision of this
Agreement, the monetary limitations (presently$150,000 per person and $600,000 per
occurrence) or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or
otherwise available to the Town, its officers, or its employees.
27. Owner. As used in this Agreement, the term "Owner" shall include any of the
heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right
to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they
were the original parties thereto. In the event of a transfer of all or any portion of the
Property, the transferring Owner shall be relieved of any and all obligations under this
Agreement which arise after the date of such transfer with respect to the transferred
Property.
28. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town ordinance, resolution,
regulation, or policy is intended to refer to any subsequent amendments or revisions to
such ordinance, resolution, regulation, or policy, and the parties agree such amendments
or revisions shall be binding upon Owner.
29. Binding Effect. This Agreement shall be binding upon and inure to the benefit
of all the heirs, transferees, successors, and assigns hereof, and shall constitute covenants
running with the land. This Agreement shall be recorded with the County Clerk of Weld
County, Colorado, at Owner's expense. Subject to the conditions pr4ecedent herein, this
Agreement may be enforced in any court of competent jurisdiction.
30. Failure to Annex. This Agreement shall be null and void if the Town fails to
approve the annexation of the Property.
31. Breach by Developer; Town's Remedies. In the event of a default or breach by
the Owner of any term, condition, covenant, or obligation under this Agreement, the
Town may take such action as it deems necessary to protect the public health, safety, and
welfare; to protect lot buyers and builders, and to protect the citizens of the Town from
hardship. The Town's remedies include:
(a) The refusal to issue to the Owner any development permit, building
permit, or certificate of occupancy; provided, however, that this remedy shall not be
Draft 11/0498 Page 6
available to the Town until after the affidavit described in Paragraph 31(b)below has been
recorded. This remedy shall not affect sales to bona fide purchasers nor be applied to
bona fide purchasers;
(b) The recording with the Weld County Clerk and Recorder of an
affidavit, approved in writing by the Town Attorney and signed by the Mayor or his
designee, stating that the terms and conditions of this Agreement have been breached by
the Owner. At the next regularly scheduled Town Board meeting, the Town Board shall
either approve the filing of said affidavit or direct the mayor or his designee to file an
affidavit stating that the default has been cured. Upon the recording of such an affidavit,
no further lots or parcels may be sold within the Property until the default has been cured.
The execution of an affidavit by the Mayor or his designee and approved by the Town
Board of Trustees stating that the default has been cured shall remove this restriction;
(c) A demand that the security given for the completion of the public
improvement be paid or honored;
(d) The refusal to consider further development plans within the Property;
and/or
(e) Any other remedy available at law.
Unless necessary to protect the immediate health, safety, and welfare of the
Town or Town residents, the Town shall provide the Owner ten (10) days'written notice
• of its intent to take any action under this Paragraph during which ten-day period the
Owner may cure the breach described in said notice and prevent further action by the
Town.
32. Notice. All notices required under this Agreement shall be in writing and shall
be hand-delivered or sent by facsimile transmission or registered or certified mail, return
receipt requested, postage prepaid, to the addresses of the parties herein set forth. All
notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall
be effective upon transmission receipt. All notices by mail shall be considered effective
seventy-two (72) hours after deposit in the United States mail with the proper address as
set forth below. Either party by notice so given may change the address to which future
notices shall be sent.
Notice to Town: With copy to:
Notice to Owner: With copy to:
Draft t L/04/93 - Page.7 - - - -
33. Election. Owner agrees that it is voluntarily entering into this Agreement.
Owner represents and submits that, to the extent an election would be required pursuant
to C.G.S.. 31-12-112, as amended, to approve the annexation or to impose terms and
conditions upon the Property to be annexed, Owner owns 100 percent of the Property,
excluding public streets and alleys, and would vote to approve the annexation and all
terms and conditions as set forth herein. Thus, any election would necessarily result in a
majority of the electors'approval to the annexation and the terms and conditions.
34. Legislative Discretion. The Owner acknowledges that the annexation and
•zoning of the Property are subject to the legislative discretion of the Board of Trustees of
the Town of Johnstown. No assurances of annexation, zoning, or special use permit
approval have been•made or relied upon by Owner. In the event that, in the exercise of its
legislative discretion, any action with respect to the annexation, zoning or special use
approval for the Property, as contemplated herein and in the proposed outline
development plan for the Property, is not taken--or if once taken and Owner is in full
compliance with such annexation, zoning or special use approvals, is not maintained--then
the Owner.may withdraw the petition for annexation or seek disconnection from the
Town in accordance with state law, as may be appropriate.
35.No Third Party Rights. This Agreement is made solely for the benefit of the
parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons
or entities not names as parties hereto.
36. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit
or action for enforcement of any obligation contained herein, it is agreed that the venue of
such suit or action shall be in Weld County, Colorado.
37. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for
convenience only.
38. No Warranties by Town. The Town is entering into this Agreement in good
faith and with the present intention, on the part of the present Town Board, that this
Agreement will be complied with. However, because some of the provisions of this
Agreement may involve areas of legal uncertainty, the Town makes no representation as
to the validity or enforceability of this Agreement against the Town, and by entering into
this Agreement the Owner acknowledges and accepts that no such warranty is made on
the part of the Town.
39.Additional Provisions. Note: Additional provisions shall be added as
necessary to address circumstances unique to a specific annexation.
nett 11/04/93 - Page 8
TOWN OF JOHNSTOWN, COLORADO,
A MUNICIPAL CORPORATION
•
By:
Mayor
ATTEST:
By:
Town Clerk
LANDOWNER
•
By
By
ACKNOWLEDGMENT
STATE OF COLORADO )
•
) ss.
COUNTY OF )
The above and foregoing signature of on
behalf of , was subscribed under oath before me this
day of , 19_
WITNESS my hand and official seal.
•
Notary Public
My commission expires:
Draft iiroa9s - - Page 9
ACKNOWLEDGMENT
STATE OF COLORADO )
) ss.
COUNTY OF )
The above and foregoing signature of on
behalf of , was subscribed under oath before me this
day of • , 19_
WITNESS my hand and official seal.
Notary Public
My commission expires:
Draft I I/04/98 - Page 10
TOWN OF JOHNSTOWN
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a petition for Annexation of territories hereinafter
described as the Becker-Dee PUD Annexation have been presented to the Town Board of
Johnstown, Colorado and found to be in apparent compliance with the applicable
provisions of law and the Town Board has adopted a Resolution to set the public hearing
to be held at 7:00 p.m. on Monday, June 18, 2001 in the Town Hall at 101 Charlotte
Street in Johnstown, Colorado to determine if the proposed annexation complies with the
applicable requirements of law.
The Resolution adopted by the Town Board for such purposes is in words, letters and
figures as follows:
TOWN OF JOHNSTOWN
SECOND AMENDED RESOLUTION NO. 2001-07
FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR THE BECICER-DEE PUD ANNEXATION
WHEREAS, a written petition, together with five (5)prints of an annexation map, was
heretofore filed with the Town Clerk requesting the annexation of certain property to be
known as the BECICER-DEE PUD ANNEXTION, more particularly described as situate
in the County of Weld, State of Colorado, to wit:
See attached Exhibit A
WHEREAS, The Town Board desires to initiate annexation proceedings in accordance
with the law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF JOHNSTOWN, COLORADO:
Section 1. That the Town Board hereby accepts said annexation petition, finds and
determines that the annexation petition and accompanying map are in substantial
compliance with CRS 31-12-107, and desire to initiate annexation proceedings in
accordance with law.
Section 2. The Town Board shall hold a hearing to determine if the proposed annexation
complies with CRS 31-12-104 and 31-12-105,or such parts thereof as may be required to
establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS. A
hearing shall be held on the 18TH day of June, 2001, in the Board meeting room of the
Town of Johnstown, 101 Charlotte Street, Johnstown, Colorado at 7:00 p.m.
Section 3. The Town Clerk shall publish notice of such hearing once per week for four
(4) successive weeks in the Johnstown Breeze, with the first publication at least thirty
(30) days prior to the date of the hearing. The Town Clerk shall also send a copy of this
resolution and the petition for annexation to the Clerk to the Board of County
Commissioners, the County Attorney and to any special district or school district within
the area proposed for annexation.
PASSED, APPROVED AND ADOPTED the 21st day of May, 2001.
TOWN OF JOHNSTOWN, COLORADO
By: s/s Troy D. Mellon
Mayor
ATTEST
s/s Diana Seele
Town Clerk/Treasurer
The Legal Description of the property is as follows:
EXHIBIT A"
BECKER DEE PUD ANNEXATION
LEGAL DESCRIPTION
PARCELS OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF
SECTION 8 AND THE SOUTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP
4 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE-QUARTER
OF SAID SECTION 9, BEING MONUMENTED AS SHOWN HEREON, ASSUMED
TO BEAR S00°29'38"E.
PARCEL A
COMMENCING AT THE ONE-QUARTER CORNER BETWEEN SAID SECTIONS 8
AND 9, THENCE N88°27'44"W A DISTANCE OF 30.02 FEET TO THE POINT OF
BEGINNING;
THENCE N88°27'44"W ALONG THE SOUTH LINE THE NORTHEAST ONE-
QUARTER OF SAID SECTION 8 A DISTANCE OF 2444.95 FEET TO THE CENTER
ONE-QUARTER CORNER OF SAID SECTION 8;
THENCE N00°09'29"W ALONG THE WEST LINE OF SAID NORTHEAST ONE-
QUARTER A DISTANCE OF 1320.65 FEET TO THE CENTER NORTH ONE-
• 1
SIXTEENTH CORNER OF SAID SECTION 8;
THENCE S88°37'11"E ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF
SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2437.38 FEET TO A POINT
BEING 30.00 FEET WEST OF THE EAST LINE OF SAID NORTHEAST ONE-
QUARTER;
THENCE S00°28'36"E A DISTANCE OF 1327.59 FEET TO THE POINT OF
BEGINNING.
PARCEL B
COMMENCING AT THE ONE-QUARTER CORNER BETWEEN SAID SECTIONS 8
AND 9, THENCE S89°0 1'40"E A DISTANCE OF 30.01 FEET TO THE POINT OF
BEGINNING;
THENCE N00°28'38"W ALONG A LINE BEING 30.00 FEET EAST OF EAST LINE
OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 8;
THENCE 589°01'40"E ALONG A LINE BEING 30.00 FEET NORTH OF THE
SOUTHWEST ONE-QUARTER OF SAID SECTION 9 A DISTANCE OF 2682.32
FEET
THENCE S00°58'20"W A DISTANCE OF 30.00 FEET TO THE CENTER ONE-
QUARTER CORNER OF SAID SECTION 9;
THENCE S00°24'42"E ALONG THE EAST LINE OF SAID SOUTHWEST ONE-
QUARTER A DISTANCE OF 2624.04 FEET TO THE SOUTH ONE-QUARTER
CORNER OF SECTION 9;
THENCE N88°48'13"W ALONG THE SOUTH LINE OF SAID SOUTHWEST ONE-
QUARTER A DISTANCE OF 2678.08 FEET TO A POINT BEING 30.00 FEET EAST
OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER;
THENCE N00°29'38"W A DISTANCE OF 2613.65 FEET TO THE POINT OF
BEGINNING.
SAID PARCELS ARE SUBJECT TO ALL EXISTING RIGHTS OF WAYS AND
EASEMENTS.
Published in the Johnstown Breeze: May 17, 24, 31 and June 7, 2001
;. ,
-.::,;1:'.."-.4.4--''';-?: •
st growth in both farm was shown bisected by emerged and approved the for this (the loop to south),"
wn and Milliken the alternative road. "We think same motion which was Mellon said.
-raffle in that area. the property owners should passed by the planning None-the-less, the mayor
stown's 'planning have been consulted first." commission;, to "delete the said Anson was directed to
ion sided with them at Lany Owens, a consultant requirement-for a loop road further look into the legal, -
r meeting, and deleted with the project, noted their running through this property." issues raised Monday night, *",
d from`that location. alternative route wasn't part of ("We were trying to say that and "how to fix it if
)ers asked for similar Monday night's application. the comp.plan is conceptual, necessary." He said more
by -the ' town board ' Others, meanwhile, but we don't, within the comp ANNEXon page ly night, before continuously hammered at the plan, mention a specific road (See P 24)
ion was actually voted idea of such a road running
between Riverbend and Stroh.
in B u r g e s o n , , "With a loop road, traffic LEGAL NOTICES' +e
,wn's engineer, raised volumes would increase at a _ 'x1 `"°' , -
n concerns over the higher rate, as opposed to a TOWN of JOHNSTOWN _+
proposed location, grid system," Matt Delich, a PUBLIC NOTICE
was not only part of the . traffic consultant with the
corn plan,'but also its project, told a skeptical town NOTICE IS HEREBY GIVEN that a Petition for.Annexation of territory hereinafter ','
p p P l P described as Rolling Hills Ranch North Annexation (aka Sandberg and Larson •
'nation study.- • - - board. - - property-located north of the present Rolling Hills Ranch subdivision on surrounded
viii be a difficult project The loop road ended up by
BoardR ofl5 on the east and Johnstown, Colorado R 50 on the and found to be north) has
aappar apparent compin iance withthe e 'r
istruct, 'across sloping being deleted, against the applicable provisions of law. A public hearing to review this annexation will be held
,"Bergeson said. recommendations of Town bmef are to Planning
ttte Steet,nd ing Johns owns Colorado. A puion on bl cune he ring Oto l at revie7:00
0th
ers Monday suggested Planner Mike McDonough, as applicant's request for Single Family Dwellings (SF— 1) and Single Family Attached •*
p's location was put into well as Dave 'Hatton; DDwellings
s(SF
t-2Ven zoning g will also,be
held on Wednesday,June 13,2001 at 7:00 p.m.
nip plan before anyone Johnstown's traffic at The Legal description is as follows:
ered the possibility of who addressed the board. ROLLING HILLS NORTH ANNEXATION .
pment south ; of the "We won't get a chance for .
Thompson River. the right-of-way when it's That portion of Sections 5 and 6, Township 4 North, Range 67 West, and a '
portion of Sections 31 and 32,Township 5 North, Range 67 West of he Sixth P.M.,
an alternative, developed," Hatton told the County of Weld, Slate of Colorado being more particularly described as follows:
-bend's assembled board. "One of the biggest Considering the South line of the Northeast Quarter of said Section 6 as bearing South
Rants proposed the concerns in developing the East One Quarter corner of sad set on s,sad Point beingetheoTRUE POINT OF lj
ion of the existing grid previous comp plan was the BEGINNING;thence South 81'12'21"East 30.08 feet to a point on the Easterly Right of 1•
1 of roads in the area, potential for traffic congestion 4223'East12564.67(et to allo.poi t;on thee Nolrtherly Rightsof Wayiof Weld CCounty R a
brought maps which downtown (at the intersection No.50;thence along said Northerly Right of Way North 84°26'40'West 794.27 feet to
:d roads diverted south of Highway 60 and WCR 17)." the Southeast corner of said Section 31;thence continuing along said Northerly Right ,'',"
Weld 44 -- across other -CHAOS REIGNED late of Way North 841534"West 1526.55 feet; thence departing said Northerly Right of
Way South 02'31'28'West 324.04 feet; thence South 59'24'56'West 366.40 feet ;,
dies -- and connecting to into Monday's meeting, with thence North 87°42'52"West 177.29 feet,more or less,to a point on the West line of 4t
17 at about its "everyone waiting for a he Northeast Quarter of said Section 6;thence along said West line South 03O23'58°
ry West 1865.48 feet to the Center One Quarter comer of said Section 6;thence sing the r4
ection with Weld 42,-at decision. South line of said Northeast Quarter South 81°1221' East 1359.36 feet and again
South 81°1221° East 1359.36 feet, more or less, to the East One Quarter of said .a.
)tither') end of the Stroh In order to delete the loop Section 6 and the TRUE POINT OF BEGINNING. EXCEPTING there from Lot A of ••x
opment. road, everyone Monday night Recorded Exemption No.642,records of Weld County,Colorado.Said Lot A contains
1is alternative just agreed the comprehensiveplan 4.00 acres,more or less.The above described annexation description contains 149.09
g P acres;more or less, and is subject to all existing easements andlor rights of way or
'tied to run over 600-plus first needed amending. But record.
of farmland owned by Town Attorney Russ Anson Brenda Palacio
Chandler, Nygren, and. questioned the validity of the Planning and Zoning .
:r families. Some were in planning commission's vote to Published in the Johnstown Breeze May 24,2001 .
lance Monday, only, they remove the road. - ,,
"There + NOTICE FOR JOHNSTOWN FIRE DISTRICT BOARD
after learning of the wasn't any.
[open's suggestion that advertisement, and it wasn't an - . The Johnstown Fire District Board has an opening fief an appointed Director. If
da . agenda.item," Anson said. "It you are interested in being on the Johnstown Fire District Board,please submit a letter
y to: -
t seems. < you're just was just a motion made during Alan Reider
ng,the issue •you have the regular hearing." .7525 WCR 50 -
this road further south, After 10 minutes in Johnstown,must bereceived by Friday, June B'". Interviews will be conducted on
`Chandler said, whose executive session, the board _ Monday, June 11t and a new Director will be appointed at a regular meeting on
• Tuesday,June 12th. • .
•
Published in the Johnstown Breeze May 24&31,2001
TOWN OF MILLIKEN
NOTICE OF-PUBLIC HEARING
EI'vf S 4‘, :,-1.14.11 44k4..‘, p. z. ,. ANNEXATION AND ZONING
n, k-01i.4o• "" "' "041-411„, `• '� '��° Notice is hereby given of a public hearing to be held before the Milliken Town
Board of Trustees at 7:00 p.m,Wednesday,June 27.2001,al the Millike•
n Community
)any reservations and . eon, Wednesday 11:30 a.m. Complex, Community Room, 1101 Broad Street, Mtihken,Colored. The purpose of
is no refunds. Cost is Please sign up or call Tues- the.public
hhearing
ere do will be to
the pplicableher requirements emertain ts properties the statues of the Stateannexation ;y
For more information day by 9:30 a.m. Colorado and are eligible is:
Lois Onorato or Mary 2. We will play bingo TEas pal Meridian Weld o
The
East f the Southwest
Y.of
Colorado.
11,Township 4 North,Range.67 West of the
c at 587-4433. after our luncheon on.May ' This property contains approximately 81.21+f-acres more or less.
Come Lad join us and 30. Come and have' lunch . The public is invited to attend and participate. Additional information Is available
Coloedoilliken Town Hall (Milliken Community Complex), 1101 Broad Street, Milliken,
shuffleboard and with us and stay and play
eshoes. bingo. Lunch is $2 for 60- - , 'q
. Our deepest sympathy plus and $4.50 for under 60 • Toown Clerk Fomof,CMe
ma Mewls in the loss years.
er brother. 3. We will be closed Published in the Johnstown Breeze,May 17,24,31,and June 7,14,&21,2001.
•
,ois Onorato - Monday for Memorial Day. TOWN OF JOHNSTOWN
enior Director - Inez Marostica PUBLIC HEARING
87-2484 Office - • - Senior Coordinator NOTICE IS HEREBY GIVEN that a petition for Annexation of territories ,-.?
,87-4251 Home 587-5251 Work hereinafter described as the Becker-Dee PUD Annexation have been presented to the ,,'
Johnstown 587-4985 Home Town Board of Johnstown,Colorado and found to be In apparent compliance with the
. (SeeLEGALS on page 19)
1:Weld Nutrition lunch- ,
.
A ,wa,, " a',� • i 4rce. _ ry e. •,..,,`‘-¢.. A rte._4 4,,n« �. c> "a1"170 "f -—
l 'applicable provisions of law-and the Town Board has adopted a Resolution to set the petitions have been filed meet the applicable requirements of the statues of
-public hearing to be held at 7:00 p.m.on Monday,June 18,2001 in the Town Hall at of Colorado and are eligible is:A PARCEL OF LAND BEING PART OF THE
, 101 Charlotte Street in Johnstown,Colorado to determine if the proposed annexation .ONE-HALF OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 67 WEST
r : complies with the applicable requirements of law. - SIXTH PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DE:
, - The Resolution adopted by the Town Board for such u
L r letters and figures as follows- P rposes is in words, AS FOLLOWS: BEGINNING AT THE QUARTER
COMN
• SECTIONS 34/35 TOWNSHIP 5 NORTH,RANGE 67 WEST AS AS MONUMEF
TOWN OF JOHNSTOWN •
A FOUND#4 REBAR WHICH I HAVE REMONUMENTED WITH A SET 3
� SECONDTOWNAMENDED JOHNSTIONNO.2001.07 REBAR WITH ALUMINUM CAP STAMPED AS PER BLM INSTRUCTIC
JONES LS 22098, SAID MONUMENT TYPE (MT) HEREINAFTER REFEE
AS MT#1 WITH THE
FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION TOWNSHIP 5 NORTH,SRANGE 67 WEST,AS MONUMENTED BY MT#1 ECTION CORNER COMMON TO SECTIONS 26
E.
PROCEEDINGS FOR THE BECKER-DEE PUD ANNEXATION NORTH 00 0230' WEST (ASSUMED FROM COLORADO DEPARTM
WHEREAS, a written petition, together with five (5) prints of an annexation TRANSPORTATION RECORDS)A DISTANCE OF 2661.49 FEET WITH AL!
,;'' map, was heretofore filed with the Town Clerk requesting the annexation of certain BEARINGS CONTAINED HEREIN RELATIVE THERETO. FROM SAID PC.
property to be known as the BECKER-DEE PUD ANNEXTION, more particularly QUARTER CORNER COMMON TO SECTIONS 35/36 TOWNSHIP 5
i,�; described as situate in the County of Weld,State of Colorado,to wit RANGE 67 WEST AS MONUMENTED BY MT#1 BEARS SOUTH 89 51'37
See attached Exhibit A DISTANCE OF 5252.01 FEET;THENCE SOUTH 89 51'37" EAST ALO
°y WHEREAS, The Town Board desires to initiate annexation proceedings in NORTH LINE OF SAID SOUTH ONE-HALF A DISTANCE OF 110.00 FE'.
",y , accordance with the law. POINT ON THE EASTERLY RIGHT-OF-
+)- NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF #257, SAID POINT BEING UNMONUMENTED. SAID POINT BEING TE
AN: THE TOWN OF JOHNSTOWN,COLORADO: WAY (ROW) LINE OF STATE H
`Section 1. That the Town.Board hereby accepts said annexation petition,finds and SAIDPOIN?ORTH 0F GLINE A DISTANCEINNING; THENCEOOFIN 239.14OFETH ET T O1 A7"OEAS
IN1
determines that the annexation petition and accompanying map are in substantial MONUMENTED BY A SET 24" OF #4 REBAR WITH YELLOW PLAS
.1.:.compliance with CRS 31-12-107, and desire to initiate annexation proceedings in STAMPED JONES LS 22098, SAID MONUMENT TYPE (MT) HEREI
e.;!:accordance with law. REFERRED TO AS MT#2.SOUTH 03 23'57"EAST A DISTANCE OF 683.
,,,;Section 2. The Town Board shall hold a hearing to determine if the proposed TO A POINT BEING MONUMENTED BY MT#2; SOUTH 73 10'01"
iP.:,_annexation complies with CRS 31-12-104 and 31.12-105, or such parts thereof as DISTANCE OF 165.19 FEET TO A POINT BEING MONUMENTED B
may be required to establish eligibility for annexation under the terms of Part 1,Article SOUTH 46 49'36" EAST A DISTANCE OF 307.09 FEET TO A POINT
•„;12,Title 31, CRS. A hearing shall be held on the 18T" day of June, 2001, in the MONUMENTED BY MT#2;SOUTH 04 12'51"EAST A DISTANCE OF 1705.
Board meeting room of the Town of Johnstown, 101 Charlotte Street, Johnstown,. TO A POINT ON THE SOUTH LINE OF SAID SOUTH ONE-HALF
;.`Colorado at 7:00 p.m. SECTION 35. SAID POINT BEING MONUMENTED BY MT#2;THENCE NE
,r Section 3. The Town Clerk shall publish notice of such hearing once per week for four 59'17" WEST ALONG SAID SOUTH LINE 1301.03 FEET TO A POINT
p .4 (4)successive weeks in the Johnstown Breeze,with the first publication at least thirty EASTERLY ROW'LINE OF SAID STATE HIGHWAY #257. SAID POIN'
.! .i.,(30)days prior to the date of the hearing.The Town Clerk shall also send a copy of UNMONUMENTED. FROM SAID POINT THE STANDARD SECTION'C
this resolution and the petition for annexation to the Clerk to the Board of County COMMON TO SECTIONS 34/35 TOWNSHIP 5 NORTH, RANGE 67 W
)4,1:Commissioners,the County Attorney and to any special district or school district within t MONUMENTED BY A FOUND#4 REBAR WHICH I HAVE REMONUMENTE
the area proposed for annexation. MT#1 BEARS NORTH 89 59'17"WEST A DISTANCE OF 564.23; THENCE
PASSED,APPROVED AND ADOPTED the 21st day of May,200'1. SAID EASTERLY ROW LINE BY THE FOLLOWING 12 COURSE
DISTANCES;TOWN OF JOHNSTOWN,COLORADO BEING NMONUMENTED NORTH 00 52'52'WEST A DISTANCE OF 4 NORTH 05 53.49'EAST A DISTANCE OF 84.74 FEET TO 6
By: s/s Troy D.Mellon TO A POINT BEING MONUMENTED BY A STATE HIGHWAY ROW MARK
j 'ATEST Mayor - ROW/M)STAMPED STATIONING 494+70.2;NORTH 04 39'52"WEST A DI:
sh Diana OF 204.33 FEET TO A POINT BEING UNMONUMENTED AND BEING A P(
Town Cla Seele
easurer - CURVATURE (PC) OF A NON-TANGENT CURVE. ALONG THE ARC C
v yT NON-TANGENT CURVE WHICH IS CONCAVE TO THE WEST A DISTA!
6 The Legal Description of the property is as follows; - 611.59 FEET, WHOSE RADIUS IS 1990.00 FEET, WHOSE DELTA IS 1i
.The Legal - _ AND WHOSE LONG CHORD BEARS NORTH.12 41'00" WEST A DISTAL
,.F.,BECKER DEE PUD ANNEXATION 609.19 -FEET TO THE END OF SAID CURVE, SAID POINT
< .LEGAL DESCRIPTION UNMONUMENTED AND NON-TANGENT TO THE FOLLOWING LINE; NC
• PARCELS OF LAND LOCATED IN'THE NORTHEAST ONE-QUARTER OF BY A SH/ROW/M(WITH NO STAMPING;NORTH 8 46'22'WEST M STANCE OF 2031.84 FEET TO A POINT BEING
- SECTION- DISTA,'•4 NORTH, RANGE AND H67 WEST OF THE 6TH PRINCIPAL MERIDIAN,E SOUTHWEST ONE-QUARTER OF SECTION 9COUNTY OF DISTANCE OF 244.38 FEET TO A POINT,TOWNSHIP 270.97 FEET TO A POINT BEINGO BEING NUNMONORTH 22 5325' '
NUMENTED AND E
?,...),,WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS PC OF A NON-TANGENT CURVE; ALONG THE ARC OF SAID NON•TI
:FOLLOWS:
CURVE WHICH IS' )''' BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST ONE- WHOSE RADIUS IS 1372.50 FEET, WHO EONCAVE TO THESDEALTASISA14C25'4OF 345.6:
0" AND
�t QUARTER OF SAID SECTION 9, BEING MONUMENTED AS SHOWN HEREON, LONG CHORD BEARS NORTH 12 18'03"WEST A DISTANCE
VPARCEL D TO BEAR 500°29'38"E. - OF 344.70 FEET TO THE END OF SAID CURVE, SAID POINT
;,:. PARCEL A
UNMONUMENTED t : COMMENCING AT THE ONE-QUARTER CORNER BETWEEN SAID 42'6'WEST A DISTANCE OF D 244 33N FEET TO A POINT BEEING LINE; NO'',SECTIONS 8 AND 9,THENCE N88°2744'W A DISTANCE OF 30.02 FEET TO THE BY A SH/ROW/M STAMPED 473+50.3; NORTH 00 00'31'WEST A DISTAr
44/POINT OF BEGINNING; 16.50 FEET TO A POINT BEING UNMONUMENTED ; NORTH 45 03'00" i
4--" THENCE N88°27'44"W ALONG THE SOUTH LINE THE NORTHEAST ONE- DISTANCE OF 70.42 FEET TO A POINT BEING UNMONUMENTED; NO
,y QUARTER OF SAID SECTION 8 A DISTANCE OF 2444.95 FEET TO THE CENTER 08'30"WEST A DISTANCE OF 38.04 FEET TO THE TRUE POINT OF BEGi
ONE-QUARTER CORNER OF SAID SECTION 8; TOGETHER WITH LOT B OF RECORDED EXEMPTION NO. 0957-35-4-F
ONE-QUAR ER A0DISTANCE OF 1320.65 F ET TOLTHE INE OCE F TEER NORTH-ONE-. DESCR BEDAS:D NORTHEAST RECORDED A PARCEL OF LANDCH 25. 1994 IN BOOK BEI1433 ATNG PART OFETHE SOUTH ON
...,SIXTEENTH CORNER OF SAID SECTION 8;
`kk,:; THENCE S88°37'11-E ALONG THE NORTH LINE OF THE SOUTH ONE- (S1/2)XT SEVEN WEST(R.67W)OF THE SIXTH PRINCIPAL MERIDIAN 5(6 f
'_'HALF OF SAID NORTHEAST ONE-QUARTER A DISTANCE OF 2437.38 FEET TO COUNTY OF WELD,STATE OF COLORADO AND BEING MORE PARTICI
A POINT BEING 30.00 FEET WEST OF THE EAST LINE OF SAID NORTHEAST DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER CORNER CC
'ONE-QUARTER;
TO BE.. THENCE 500'28'36'E A DISTANCE OF 1327.59 FEETTO THE POINT OF WHICH C I1OHAVE REMONUMENTED ED WITHNAM SET E 0' OF #6UREBAf
:BEGINNING.
PARCEL B -
ALUMINUM CAP STAMPED AS PER BLM INSTRUCTIONS AND JONES LE
COMMENCING AT THE ONE-QUARTER CORNER BETWEEN SAID SECTION SAID N CORNER COUMENT TyPEMM0NT) ET0NSECTONSF 26/2734/TO3rr A T.N, WI
R.6.
SECTIONS 8 AND 9,THENCE 589'01'40"E A DISTANCE OF 30.01 FEET TO THE MONUMENTED BY MT#1 TO BEAR NORTH 00 02'30"WES1 (ASSUMED
"-POINT OF BEGINNING;
' - COLORADO DEPARTMENT OF TRANSPORTATION RECORDS)A DISTAL2661.49 FEET WITH ALL OTHE BEANGS CONTAINED '- THENCE N00°28'38'W ALONG ALINE BEING 30.00 FET EAST OF EAST THERETO:THENCE SOUTH 89 51'7'EAST ALONG THE NORTH LE NE O
u11NE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 8;
51/2 A DISTANCE OF 1349.14 FEET TO A POINT BEING MONUMENTEI
r' THENCE S89°01'40'E ALONG A LINE BEING 30.00 FEET NORTH OF THE SET 24'OF#4 REBAR WITH YELLOW PLASTIC CAP STAMPED JONES LS
SOUTHWEST ONE-QUARTER OF.SAID SECTION 9 A DISTANCE OF 2682.32 SAID MONUMENT TYPE HEREINAFTER REFERRED TO AS MT#2. SAID
_..• FEET BEINTHENCE S00'5520'W A DISTANCE OF 30.00 FEET TO THE CENTER ONE- 5137'EAST ALONG THE TRUE PSAID NORTH LINEINT OFIA DISTHENCETANCE OFO 902.87N FEETSOE
7
QUARTER CORNER OF SAID SECTION 9;
QUARTER CORNERTHENCE 800'24'42"E ALONG THE EAST LINE OF SAID SOUTHWEST ONE- MONUMENTED BY MT 1; THENCE SOUTH 00COMON TOh1S5'27' EAST ALONG THE
. QUARTER A DISTANCE OF 2624.04 FEET.TO THE SOUTH ONE-QUARTER LINE OF SAID S1/2 A DISTANCE OF 2643.99 FEET TO THE STANDARD SE
{CORNER OF SECTION 9;
ER COMMON SECTIONS 35/36, T.5N, R.67W ONUMEN1
THENCE N88°48'13"W ALONG THE SOUTH LINE OF SAID SOUTHWEST MOT#1N THENCE NORTH O89 44'08'WEST ALONG THE SOUAS OF SA;
'ONE-QUARTER A DISTANCE OF 2678.08 FEET TO A POINT BEING 30.00 FEET A DISTANCE OF 2606.57 FEET TO THE STANDARD QUARTER CORN)
. EAST OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER; SECTION 35, T.5N, R.67W AS MONUMENTED BY MT#1; THENCE CONTI
THENCE N00°29'38'W A DISTANCE OF 2613.65 FEET TO THE POINT OF ALONG SAID SOUTH LINE NORTH 89 59'17"WEST A DISTANCE OF 760.2i
.:EGINNING.
MONUMENTED BY MT#2; THENCE LEAVING SAID
SAID PARCELS ARE SUBJECT TO.ALL EXISTING RIGHTS OF WAYS AND L NE NORTH 04 1251O A POINT BEING
'WEST AD STANCE OF 1 05.44 FEETTO A POINT
I E SEMENS.
MONUMENTED BY MT#2; THENCE NORTH 46 49'36" WEST A DISTANT
•1 bushed in the Johnstown Breeze May 17,24,31 and June 7,2001 307.09 FEET TO A POINT BEING MONUMENTED BY MT#2;THENCE NOE
10'01"WEST A DISTANCE OF 165.19 FEET TO A POINT BEING MONUME
( TOWN OF MILLIKEN BY MT#2; THENCE NORTH 03 23'57' WEST A DISTANCE OF 683.72 FE
THE TRUE POINT OF BEGINNING. SAID DESCRIBED. PARCEL.OF
NOTICE OF PUBLIC HEARING
CONTAINS 216.059 ACRES, MORE OR LESS AND IS SUBJECT TC
ANNEXATION MD ZONING
r. • RIGHTS-OF-WAY OR OTHER EASEMENTS AS GRANTED BY INSTRUMENT
Notice is hereby given of a public hearing to be held before the Milliken Town RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND.
•ard of Trustees at 7:oop.m,Wednesday,June 13,2001,at the Milliken Communi CONTAINS:294.20 ACRES MORE OR LESS.
Complex, Community Room, 1101 Broad Street,Milliken, Colorado. The purpose ty THIS PARCEL SUBJECT TO STATE HIGHWAY RIGHTS-OF-WAY,
the public hearing will be to determine whether certain properties for which annexationo (See(Sec LEGALSon peg
a'
Hello