HomeMy WebLinkAbout20011976.tiff 7 111 n. 2
p ._ ) NOTICE OF PUBLIC HEARING
Platte River Farm Annexation
PLEASE TAKE NOTICE that a Petition for annexation of certain property to the Town of
Platteville was filed on or about May 24, 2001 by Donald J. Sherwood in substantially the
following form:
PETITION FOR ANNEXATION
TO: THE HONORABLE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF
PLATTEVILLE, COLORADO
The undersigned being the owner of 100% of the area herein proposed to be annexed to the
Town of Platteville, as shown on the Annexation Map and described as follows, to wit:
LEGAL DESCRIPTION
PLATTE RIVER FARM ANNEXATION
A PORTION OF THE SOUTHWEST 144 OF SECTION 19 AND THE NORTHWEST 1/4 OF
SECTION 30, ALL IN TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6T" P.M.,
COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS-.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19: THENCE
ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 SOUTH 89°36'36" EAST, A
DISTANCE OF 490.54 FEET TO FOUND A NUMBER 4 REBAR WITHOUT CAP, THE
TRUE POINT OF BEGINNING;
THENCE SOUTH 20°42'42" WEST A DISTANCE OF 732.44 FEET;
THENCE SOUTH 74°06'12" EAST A DISTANCE OF 122.00 FEET;
THENCE SOUTH 03°55'35" EAST A DISTANCE OF 359.37 FEET;
THENCE SOUTH 12°14'13" EAST A DISTANCE OF 245.50 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION
30, FROM WHICH POINT A FOUND NUMBER 6 REBAR WITH 3?/4 INCH
ALUMINUM CAP L.S. NUMBER 7242 MARKING THE SOUTHWEST CORNER OF
SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30 BEARS NORTH
89°28'45" WEST A DISTANCE OF 435.76 FEET;
THENCE SOUTH 89°28'45" EAST ALONG SAID SOUTH LINE A DISTANCE OF
1155.75 FEET TO A POINT nN THE WESTERLY LINE nF TH A T TRACT Cm LAND
ND
DESCRIBED IN BOOK 1069 PAGE 453 RECEPTION NUMBER 856952, WELD
P1410 ' eV;-ac) 2001-1976
CA1a53378O55374.02
COUNTY PUBLIC RECORDS, FROM WHICH POINT A FOUND NUBMER 4 REBAR
WITH 1 INCH PLASTIC CAP L.S. NUBMER 2682 BEARS SOUTH 89°28'45" EAST A
DISTANCE OF 302.68 FEET;
THENCE NORTH 06°25'45" WEST ALONG THE WESTERLY LINE OF SAID TRACT
OF LAND A DISTANCE OF 75.00 FEET;
THENCE SOUTH 86°47'45" EAST ALONG THE NORTHERLY LINE OF SAID TRACT
OF LAND A DISTANCE OF 286.00 FEET TO A POINT ON THE WESTERLY LINE OF
STATE HIGHWAY DEPARTMENT PARCEL, PROJECT NUMBER S0054 DATED
APRIL 1956;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL, ALONG THE ARC OF A
CURVE TO THE RIGHT, NON-TANGENT TO THE LAST DESCRIBED COURSE,
HAVING A RADIUS OF 2925.00 FEET, A CENTRAL ANGLE OF 02°54'50", A
DISTANCE OF 148.74 FEET, THE LONG CHORD OF WHICH BEARS NORTH
00°34'29" WEST 148.67 FEET TO A FOUND NUMBER 5 REBAR WITH THREE AND
ONE HALF INCH ALUMINUM CAP STAMPED AWP 7004-1;
THENCE NORTH 00°52'56" EAST A DISTANCE OF 42.21 FEET;
THENCE SOUTH 89°07'04" EAST A DISTANCE OF 90.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF OLD U.S. HIGHWAY NUMBER 85;
THENCE NORTH 00°52'56" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 1069.50 FEET TO A POINT ON THE NORTH LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 30;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH
00°52'56" EAST A DISTANCE OF 898.18 TO A POINT ON THE SOUTHERLY LINE,
EXTENDED EASTERLY, OF A REPLAT OF BLOCK 52, TOWN OF PLATTEVILLE,
BOOK 617, RECEPTION NUMBER 1538567, WELD COUNTY PUBLIC RECORDS;
THENCE SOUTH 89°33'55" WEST ALONG THE SOUTHERLY LINE EXTENDED AND
THE SOUTHERLY LINE OF SAID REPLAT OF BLOCK 52, A DISTANCE OF 465.77
FEET TO A FOUND NUMBER 4 REBAR WITHOUT CAP;
THENCE NORTH 01°23'35" EAST ALONG THE WESTERLY LINE OF SAID REPLAT
OF BLOCK 52 A DISTANCE OF 390.38 FEET TO A FOUND NUMBER 4 REBAR
WITHOUT CAP MARKING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF STATE HIGHWAY NUMBER 66;
THENCE SOUTH 89°33'55" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
A DISTANCE OF 505.80 FEET;
THENCE SOUTH 21°10'51" WEST A DISTANCE OF 152.00 FEET TO A FOUND
NUMBER 5 REBAR WITH 11/2 INCH ALUMINUM CAP L.S. NUMBER 10740;
THENCE SOUTH 30°10'25" WEST A DISTANCE OF 246.50 FEET;
THENCE SOUTH 20°42'41" WEST A DISTANCE OF 979.41 FEET TO THE TRUE
CAK\53378\355374.02
POINT OF BEGINNING;
EXCEPT LOTS A AND B OF RECORDED EXEMPTION NO. 1211-19-3 RE1112, BOOK
1217, RECEPTION NO. 2162128,WELD COUNTY PUBLIC RECORDS;
CONTAINING A NET AREA OF 75.621 ACRES MORE OR LESS.
to be known as the Platte River Farm Annexation to the Town of Platteville, respectfully
alleges and states as follows:
1. The area proposed to be annexed is unincorporated and not embraced within any
city or incorporated town.
2. It is desirable and necessary that such area be annexed to the Town of
Platteville.
3. The requirements of Sections 4 and 5 of the Municipal Annexation Act of 1965
(C.R.S. 1973, 31-12-104 and 31-12-105, as amended) exist or have been met in
the following particulars:
(a) Not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the Town of Platteville.
(b) A community of interest exists between the area proposed to be annexed
and the Town of Platteville, said area is now agricultural and should be
urbanized in the near future; and said area is integrated with the Town of
Platteville.
(c) No Petition for Annexation of the area described herein or any part
thereof is pending or has been made to any other municipality.
4. The landowner of one hundred percent (100%) of the property included in the
area proposed to be annexed (exclusive of public streets) has signed this
Petition.
5. After annexation to the Town of Platteville, the area shall be subject to all the
laws, ordinances, regulations and taxes of the Town of Platteville.
6. The Petitioner desires the zoning classifications set forth upon his Annexation
Map filed herewith and designated in his zoning petition filed herewith.
7. Petitioner agrees to reimburse the Town for all costs and expenses incurred by
the Town in reviewing and processing this Petition, as provided by and pursuant
CAK\53378\355374.02
to the provisions of §§14-4-2 and 16-7-9 of the Town's Muncipal Code. The
Town may deem this Petition as withdrawn or abandoned in the event of
Petitioner's failure to do so after reasonable notice to Petitioner.
WHEREFORE, Petitioner requests that the Town of Platteville approve this Petition
and annex the area described herein to the Town.
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Platteville, Colorado,
will hold a Public Hearing upon the said Petition at the Platteville Town Hall, 400 Grand
Avenue, Platteville, Colorado, on August 7, 2001, at 7:30 p.m., to find and determine whether
the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and
31-12-105 C.R.S., and is eligible for annexation. Any person may appear and be heard.
BY ORDER OF THE BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE,
COLORADO:
Joan E. Seidensticker
Town Clerk
Publish: The Voice, July 5, July 12, July 19 and July 26, 2001
CAK\53378\355374.02
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the Board of Trustees of the Town of Platteville,
Colorado,will hold a Public Hearing at Platteville Town Hall,400 Grand Avenue,Platteville,
Colorado, on August 7,2001,at 7:30 p.m.,to find and determine whether the property more fully
described on Exhibit A hereto, owned by Donald J. Sherwood, should be zoned RI, Single
Family Residential upon its annexation to the Town, pursuant to a petition filed on or about May
24,2001 by the owner of said property. Any interested person may appear and be heard.
BY ORDER OF THE BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE,
COLORADO:
Joan E. Seidensticker
Town Clerk
Publish The VOICE, July 19, 2001
Platte River Farm Zoning
Exhibit A
A PORTION OF THE SOUTHWEST'/,OF SECTION 19 AND THE NORTHWEST 1/4 OF SECTION 30,
ALL IN TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE
OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS-.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19: THENCE ALONG THE
SOUTH LINE OF SAID SOUTHWEST 1 SOUTH 89°36'36" EAST, A DISTANCE OF 490.54 FEET
TO FOUND A NUMBER 4 REBAR WITHOUT CAP, THE TRUE POINT OF BEGINNING;
THENCE SOUTH 20°42'42" WEST A DISTANCE OF 732.44 FEET;
THENCE SOUTH 74°06'12" EAST A DISTANCE OF 122.00 FEET;
THENCE SOUTH 03°55'35" EAST A DISTANCE OF 359.37 FEET;
THENCE SOUTH 12°14'13" EAST A DISTANCE OF 245.50 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTHWEST Y4 OF THE NORTHWEST 'A OF SAID SECTION 30, FROM WHICH
POINT A FOUND NUMBER 6 REBAR WITH 3-14 INCH ALUMINUM CAP L.S. NUMBER 7242
MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST y OF THE NORTHWEST V4 OF
SECTION 30 BEARS NORTH 89°28'45" WEST A DISTANCE OF 435.76 FEET;
THENCE SOUTH 89°28'45" EAST ALONG SAID SOUTH LINE A DISTANCE OF 1155.75 FEET
TO A POINT ON THE WESTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK
1069 PAGE 453 RECEPTION NUMBER 856952, WELD COUNTY PUBLIC RECORDS, FROM
WHICH POINT A FOUND NUBMER 4 REBAR WITH 1 INCH PLASTIC CAPL.S. NUBMER 2682
BEARS SOUTH 89°28'45" EAST A DISTANCE OF 302.68 FEET;
THENCE NORTH 06°25'45" WEST ALONG THE WESTERLY LINE OF SAID TRACT OF LAND
A DISTANCE OF 75.00 FEET;
THENCE SOUTH 86°47'45" EAST ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND
A DISTANCE OF 286.00 FEET TO A POINT ON THE WESTERLY LINE OF STATE HIGHWAY
DEPARTMENT PARCEL, PROJECT NUMBER S0054 DATED APRIL 1956;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL, ALONG THE ARC OF A CURVE
TO THE RIGHT, NON-TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF
2925.00 FEET, A CENTRAL ANGLE OF 02°54'50", A DISTANCE OF 148.74 FEET, THE LONG
CHORD OF WHICH BEARS NORTH 00°34'29" WEST 148.67 FEET TO A FOUND NUMBER 5
REBAR WITH THREE AND ONE HALF INCH ALUMINUM CAP STAMPED AWP 7004-1;
THENCE NORTH 00°52'56" EAST A DISTANCE OF 42.21 FEET;
THENCE SOUTH 89°07'04" EAST A DISTANCE OF 90.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF OLD U.S. HIGHWAY NUMBER 85;
THENCE NORTH 00°52'56" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 1069.50 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST '/4 OF
SAID SECTION 30;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH 00°52'56"
EAST A DISTANCE OF 898.18 TO A POINT ON THE SOUTHERLY LINE, EXTENDED
EASTERLY, OF A REPLAT OF BLOCK 52, TOWN OF PLATTEVILLE, BOOK 617, RECEPTION
NUMBER 1538567, WELD COUNTY PUBLIC RECORDS;
THENCE SOUTH 89°33'55" WEST ALONG THE SOUTHERLY LINE EXTENDED AND THE
SOUTHERLY LINE OF SAID REPLAT OF BLOCK 52, A DISTANCE OF 465.77 FEET TO A
FOUND NUMBER 4 REBAR WITHOUT CAP;
THENCE NORTH 01°23'35" EAST ALONG THE WESTERLY LINE OF SAID REPLAT OF BLOCK
52 A DISTANCE OF 390.38 FEET TO A FOUND NUMBER 4 REBAR WITHOUT CAP MARKING
A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NUMBER 66;
THENCE SOUTH 89°33'55" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A
DISTANCE OF 505.80 FEET;
THENCE SOUTH 21°10'51" WEST A DISTANCE OF 152.00 FEET TO A FOUND NUMBER 5
REBAR WITH 1-' INCH ALUMINUM CAP L.S. NUMBER 10740;
THENCE SOUTH 30°10'25" WEST A DISTANCE OF 246.50 FEET;
THENCE SOUTH 20°42'41" WEST A DISTANCE OF 979.41 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT LOTS A AND B OF RECORDED EXEMPTION NO. 1211-19-3 RE1112, BOOK 1217,
RECEPTION NO. 2162128, WELD COUNTY PUBLIC RECORDS;
CONTAINING A NET AREA OF 75.621 ACRES MORE OR LESS.
PPARK ENGINEERING
CONSULTANTS
June 18, 2001
Karen S. Miller, CMC
Town Administrator
400 Grand Avenue
Platteville, Colorado 80651
RE: Platte River Farm Annexation
Dear Karen:
We are in receipt of the June 8, 2001 memorandum from Charles A. Kuechenmeister,
town attorney. The following is our response to his memo:
ANNEXATION
Petition
1) We submitted an updated title commitment dated May 15, 2001 over a week ago
to the Town. Karen Miller indicated that she had received this item when we
spoke at the Planning Commission meeting last Tuesday.
2) As indicated in the title commitment Donald J. Sherwood owns the property being
annexed Fee Simple free and clear. Therefore, it is a 100% petition. We will
modify the statements on the Petition if necessary.
3) We acknowledge the change to Section 7 of the petition eliminating the $5,000.00
cap on the review fees. We will modify the statement on the Petition if necessary.
Map
1) If additional contiguous Town boundary exists along Main Street, we will correct
the Map. As you know, the annexation already meets the 116h contiguity without
any additional contiguous Town boundary.
2) With this response we are submitting an"Existing Conditions Map"which shows
the districts that affect the property.
3) We have corrected the distance call-outs on the map and legal description so
everything is correct and consistent.
4) Surveyor will sign the final mylar once Annexation is approved. We are
submitting signed and stamped preliminary bluelines for your review.
5) The bearings have been changed to match the legal description.
Impact Report
1) We acknowledge that this item is complete and O.K.
420 21st Ave. Suite 101 • Longmont, CO 80501 • (303) 651-6626 • FAX (303) 651-0331
E-mail dpark98@aol.com
Annexation Summary
1) With the above revisions we acknowledge that the Annexation Petition and Map
are complete and substantially complies to the State and Town requirements.
ZONING
Petition
1) We have included in this response a legal description for the zoning of the
property. The legal includes only the property owned by the petitioner. The legal
has also been corrected on the Zoning Map.
Attachments
1) Legal description has been changed on the Zoning Map to only include the
privately-owned lands.
2) Bearings have been corrected on the Zoning Map.
Zoning Summary
1) With the modification made above we acknowledge that the zoning submittal is
complete and substantially complies with Town requirements.
Respec -. iy Su.mitted, 22
4.. —
Donald W. Park, P.E.
Project Manager
Cc: Charles A. Kuechenmeister, Attorney
Steve Hebert, Planner
Tom Dunn, Owner's Rep.
File responsememo6_8_01
PETITION FOR ANNEXATION
TO: THE HONORABLE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF
PLATTEVILLE, COLORADO
The undersigned (called "Petitioner" herein whether singular or plural), being the owner
of more than fifty percent (50%) of the area herein proposed to be annexed to the Town of
Platteville, as shown on the Annexation Map filed herewith and more fully described below, to
be known as the Platte River Farm Annexation to the Town of Platteville, respectfully alleges
and states as follows:
1. The area proposed to be annexed is unincorporated and not embraced within any
Town or incorporated town.
2. It is desirable and necessary that such area be annexed to the Town of Platteville.
3. The requirements of Sections 4 and 5 of the Municipal Annexation Act of 1965
(§§31-12-104 and 31-12-105, C.R.S) exist or have been met in the following particulars:
a. Not less than one-sixth(1/6th) of the perimeter of the area proposed to be
annexed is contiguous with the Town of Platteville.
b. A community of interest exists between the area proposed to be annexed
and the Town of Platteville; said area is urban or will be urbanized in the near future; and said
area is integrated with or is capable of being integrated with the Town of Platteville.
c. No Petition for Annexation of the area described herein or any part thereof
is pending or has been made to any other municipality.
4. The landowners of more than fifty percent (50%) of the property included in the
area proposed to be annexed (exclusive of public streets and alleys) have joined in and have
signed this Petition.
5 After annexation to the Town of Platteville, the area shall be subject to all the
laws, ordinances, rules, regulations and taxes of the Town of Platteville.
6. The Petitioner desires the zoning classifications set forth upon the Annexation
Map filed herewith [and designated in the zoning petition filed herewith].
7. Petitioner agrees to reimburse the Town up to a maximum of$5,000 for the costs
of publication, recording fees, appraisal fees and other reasonable expenses incurred by the
Town reviewing and this Petition. costs deposit the amount
of$� n
in reviewing.._..___o ,.....processing .1`u., A costs in a 1,uGv is
tendered herewith and Petitioner agrees to deposit additional funds to cover such costs, on
demand by the Town, up to the maximum aggregate amount of$5,000. The Town may deem
this Petition as withdrawn or abandoned in the event of Petitioner's failure to do so after
reasonable notice to Petitioner.
WHEREFORE, Petitioner requests that the Town of Platteville approve this Petition and
annex the area described herein to the Town.
o /t -,--. —L-
Donald J. She ood
6635 R.A4ti6, ffl. gi- `S1/43/4/
mailing address date
Jc ...c_nv,tui avjo 670sc-3
ACKNOWLEDGEMENT
STATE OF COLORADO )
R ) ss.
COUNTY OF nucQc4cr)
:The foregoing Annexation Petition was acknowledged before me by Donald J. Sherwood,
this day of (1/�z ,-, , 2001.
My commission expires: to I{ a�')i
Witness my hand and official seal.
P 1. 1 L: Lc7;„,,,,,,-Notary Public
[ SEAL ] O�• . ._.
O.,O
•
N-9rF FB O`L Qe9
My Commission Expires 10/16/2001
LEGAL DESCRIPTION
PLATTE RIVER FARM ANNEXATION
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 19 AND THE NORTHWEST 1/4 OF
SECTION 30, ALL IN TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY
OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
NOTE: FOR THE PURPOSE OF THIS DESCRIPTION THE BEARINGS ARE BASED ON THE
SOUTH LINE OF SAID SOUTHWEST 1 /4 OF SECTION 19, ASSUMED TO BEAR
S 89°36'36" E, MONUMENTED AS FOLLOWS: A FOUND NUMBER 6 REBAR WITH 3-1/4
INCH ALUMINUM CAP L.S. NUMBER 13155 AT THE SOUTHWEST CORNER OF SAID
SOUTHWEST 1/4 OF SECTION 19 AND A FOUND NUMBER 6 REBAR WITH 3-1/4 INCH
ALUMINUM CAP L.S. NUMBER 13155 AT THE SOUTHEAST CORNER OF SAID
SOUTHWEST 1/4 OF SECTION 19.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19: THENCE ALONG
THE SOUTH LINE OF SAID SOUTHWEST 1/4, S 89°36'36" E, A DISTANCE OF 490.54 FEET
TO A FOUND NUMBER 4 REBAR WITHOUT CAP, THE TRUE POINT OF BEGINNING;
THENCE S 20°42'42" W A DISTANCE OF 732.44 FEET; THENCE S 74°06'12" E A DISTANCE
OF 122.00 FEET; THENCE S 03°55'35" E A DISTANCE OF 359.37 FEET; THENCE
S 12°14'13" E A DISTANCE OF 245.50 FEET TO A POINT ON THE SOUTH LINE OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 30, FROM WHICH POINT
A FOUND NUMBER 6 REBAR WITH 3-1/4 INCH ALUMINUM CAP L.S. NUMBER 7242
MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 30 BEARS N 89°28'45' W A DISTANCE OF 435.76 FEET; THENCE
S 89°28'45" E ALONG SAID SOUTH LINE A DISTANCE OF 1155.75 FEET TO A POINT ON
THE WESTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1069 PAGE 453
RECEPTION NUMBER 856952, WELD COUNTY PUBLIC RECORDS, FROM WHICH POINT
A FOUND NUMBER 4 REBAR WITH 1 INCH PLASTIC CAP L.S. NUMBER 2682 BEARS
S 89°28'45" E A DISTANCE OF 302.68 FEET; THENCE N 06°25'45" W ALONG THE
WESTERLY LINE OF SAID TRACT OF LAND A DISTANCE OF 75.00 FEET; THENCE
S 86°47'45" E ALONG THE NORTHERLY LINE OF SAID TRACT OF LAND A DISTANCE OF
286.00 FEET TO A POINT ON THE WESTERLY LINE OF STATE HIGHWAY DEPARTMENT
PARCEL, PROJECT NUMBER S0054 DATED APRIL 1956; THENCE ALONG THE WESTERLY
LINE OF SAID PARCEL, ALONG THE ARC OF A CURVE TO THE RIGHT, NON-TANGENT
TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 2925.00 FEET, A CENTRAL
ANGLE OF 02°54'50", A DISTANCE OF 148.75 FEET, THE LONG CHORD OF WHICH
BEARS N vv°34'2.7' 'v"v 148.74 FEET TO A FOUND NUMBER 5 REBAR vyITH 3-1/2 INCH
ALUMINUM CAP STAMPED AWP 7004-1 ; THENCE N 00°52'56" E A DISTANCE OF 42.21
FEET; THENCE S 89°07'04" E A DISTANCE OF 90.00 FEET TO A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF OLD U.S. HIGHWAY NUMBER 85; THENCE N 00°52'56" E
ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1069.50 FEET TO A POINT
ON THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 30; THENCE
CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, N 00°52'56" E A DISTANCE
OF 898.18 TO A POINT ON THE SOUTHERLY LINE, EXTENDED EASTERLY, OF A REPLAT
OF BLOCK 52, TOWN OF PLATTEVILLE, BOOK 617, RECEPTION NUMBER 1538567,
WELD COUNTY PUBLIC RECORDS; THENCE S 89°33'55" W ALONG THE SOUTHERLY
LINE EXTENDED AND THE SOUTHERLY LINE OF SAID REPLAT OF BLOCK 52, A
DISTANCE OF 465.77 FEET TO A FOUND NUMBER 4 REBAR WITHOUT CAP; THENCE
N 01°23'35" E ALONG THE WESTERLY LINE OF SAID REPLAT OF BLOCK 52 A DISTANCE
OF 390.38 FEET TO A FOUND NUMBER 4 REBAR WITHOUT CAP MARKING A POINT ON
THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NUMBER 66; THENCE
S 89°33'55' W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 505.80
FEET; THENCE S 21°10'51" W A DISTANCE OF 152.00 FEET TO A FOUND NUMBER 5
REBAR WITH 1-1/2 INCH ALUMINUM CAP L.S. NUMBER 10740; THENCE S 30°10'25" W
A DISTANCE OF 246.50 FEET; THENCE S 20°42'41" W A DISTANCE OF 979.41 FEET TO
THE TRUE POINT OF BEGINNING;
EXCEPT LOTS A AND B OF RECORDED EXEMPTION NO. 1211-19-3-RE] 112, BOOK
1217, RECEPTION NO. 2162128, WELD COUNTY PUBLIC RECORDS;
CONTAINING A NET AREA OF 75.621 ACRES MORE OR LESS.
WATER RIGHTS LEGAL
PLATTE RIVER FARM ANNEXATION
/2 share of the capital stock of Platteville Irrigating and Milling Company
One domestic well (Permit #120507)
One decreed irrigation well (Permit #13751, Decreed in Case No. W-1032, and G.A.S.P.
membership, contract number 02-174-0)
IMPACTS REPORT
PLATTE RIVER FARM ANNEXATION
The proposed Platte River Farm Annexation is a 73.5 acre parcel of land plus Main Street
right-of-way. Site is generally located east of the Platte River, south of Highway 66 and
west of Main Street. The site is adjacent to Bella Vista Subdivision to the east and Replat
of Block 52 of the Town of Platteville to the northeast. The proposed zoning will be R-1
for residential use. The following tabulates the projected land use details.
Density:
Land Use Data
Open Space 26.23 Ac. 33.40%
Parks 2.65 Ac. 3.03%
Residential Lots 32.90 Ac. 44.86%
Existing House 4.03 Ac. 5.71%
Right-of-way 7.70 Ac. 13.00 %
73.51 Ac. 100.00%
Lot Data
Number of Lots 99
Lots/Acre (Gross) 1.34
Lots/Acre(Less OS) 2.09
Smallest Lot 8,015 sf
Largest Lot 42,044 sf (Excluding Existing house)
Average Lot 14,623 sf (Excluding Existing house)
Irrigation Requirements:
It is expected that the Park and Lots will require irrigation for the grass areas.
There is an existing water well on the site that will be used to provide the required
irrigation. The irrigation delivery system will be owned and maintained by the Home
Owners Association.
Impervious Surfaces:
Base on standard percentages for residential development, the site will have
approximately 35% of imperviousness not including the open space which will be left
natural.
Site Uses:
The entire site will be used for residential development with a large amount of
open space for public use. No commercial or industrial use is proposed.
Demands on Town Facilities:
There are no unusual demands on Town's services or utilities. The residential
project is standard with no unique conditions. Lawn and park irrigation is being
proposed to be provided by an on-site well. Access is adjacent to the site via Main Street
and Highway 66. There is water and sewer also adjacent to the site. The existing sewer
lift station will be abandon and replaced with a new lift station at a different location.
Off-site water line improvements will be required to support fire flows in the area. This
will benefit this project as well as existing residential and commercial facilities.
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Form No. 1402.92 JP)) r,.r I b ,
a
(10/17/92) 1L. <s.
1 ALTA Owners Policy �”
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( ISSUED BY 1;121
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.( SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
, B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY a California '
. corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A. against loss or damage, l •
j not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I i- r
t ' I IP „ r
F_f
1. Title to the estate or interest described in Schedule A being vested other than as stated therein; � I
( 4 1*,
:11m")4I 2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title; S}
4. Lack of a right of access to and from the land.
,v,0,
„,..„,
The Company will also pay the costs, attorneys'fees and expenses incurred in defense of the title, as insured, but l
only to the extent provided in the Conditions and Stipulations. III)
; i First American'Heritage Title Company
A m E R,l ' 1d00 Centre Avenue i
,lg; i * Fort Collins,CO 80526 , . /
(. . i /
t4 I )
t „ , -^" , + Fax:1 70)224-2177 ^+ --
S -: ,. .; Agent For. = w
FarstAmerican Title Insurance Company
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icalla
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,-.A; PRESIDENT
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FIRST AMERICAN HERITAGE TITLE CO
1000 Centre Avenue * Fort Collins, CO B0526 * (970) 493-3051
May 17, 2001
File No: LR19319E00
DONALD J. SHERWOOD
13735 WELD COUNTY ROAD 25 1/2
PLATTEVILLE, CO 80651
Dear New Property Owner:
Congratulations on your recent real estate purchase. Enclosed is your Policy
of Title Insurance. This policy contains important information about the Real
Estate Transaction you have just completed; it insures you against certain
risks to your ownership. Please read it and retain it with your other valuable
papers.
A permanent record of your recorded title documents is accessible through our
office. These records will enable prompt processing of future title orders and
save valuable time should you wish to sell or obtain a loan on your property.
Visit or call our office and simply give us your personal policy file number
when you need assistance.
In the event you sell your property or borrow money from a mortgage lender you
may be entitled to a discount rate if you order your title insurance through
this company.
We appreciate the opportunity of serving you and will be happy to assist you in
any way in regard to your future title service needs.
Sincerely,
FIRST AMERICAN HERITAGE TITLE CO
Scott J. Friedt
oWN1RAN Filep LR19919B00
File# LR19319B00
FIRST AMERICAN TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE A
kk-SF1278-05/17/01 07 : 42 : 56
Order No. LR19319B00 Policy No. 1339133
Amount of Insurance $775, 000. 00
Date of Policy: April 27, 2000 at 7 :29 AN
1. Name of Insured:
Donald J. Sherwood
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
Donald J. Sherwood
4. The land referred to in this policy is described as follows:
That portion of the Southwest 1/4 of Section 19 and the Northwest 1/4 of
Section 30, all in Township 3 North, Range 66 West of the 6th P.N. , Weld
County, Colorado, more particularly described as follows: Beginning at the
Southwest corner of said Section 19; thence along the South line of said
Southwest 1/4 South 89 °36' 36" East 490 . 54 feet to the True Point of
Beginning; thence South 20 °42 '41" West 732 .44 feet; thence South 74 ° 06 ' l2 "
East 122 . 00 feet; thence South 03 °55 '35" East 359.37 feet; thence South
12°14 '13 " East 245 . 50 feet to the South line of the Northwest 1/4 of the
Northwest 1/4 of said Section 30; thence along said South line South
89 °28 '45" East 1458 .20 feet; thence North 00 ° 52 ' 56" East 1187 .49 feet; thence
North 89 °36'36" West 430 . 63 feet; thence North 00°52 ' 56" East 133 .27 feet to
the North line of said Northwest 1/4; thence continuing North 00 "52 ' 56" East
2222.91 feet; thence South 89 °36'366" East 430 . 63 feet; thence North 00° 52' 56"
East 664. 42 feet; thence South 89 °33 ' 55" West 405.75 feet; thence North
01°23 '35" East 390 . 38 feet to the South right of way line of State Highway No.
66; thence along said right of way line South 89°33 ' 55" West 505 .80 feet;
thence South 21°10 '51" West 152 . 00 feet; thence South 30°10'25" West 246. 50
feet; thence South 20°42 '41" West 979 .41 feet more or less to the True Point
of Beginning,
County of Weld,
State of Colorado. /11/Wr
Countersigned
VPCDOPI
FiieB LR19319B0C
FIRST AMERICAN TITLE INSURANCE COMPANY
SCHEDULE B
order No. LR19319B00 Policy No. 1339133
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
1 . Taxes and Assessments not certified to the `_treasurer's Office.
2 . Any facts, rights, interests or claims which are not shown by the public records but
which could be ascertained by an inspection of the land or by making inquiry of
persons in possession thereof.
3 . Easements, or claims of easements, not shown by the public records .
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct sur✓ey and inspection of the land would disclose, and which are
not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
6. All taxes and assessments for the year 2000 and subsequent years, a lien, but
not yet due or payable.
7 . Right of way for roads as described in Book 1013 at Pace 390, in Book 1069 at
Page 453 and in Book 1447 at Page 79 .
8. An undivided 100% interest in all oil, gas and other minerals conveyed to
Martin Exploration Management Corporation by Mineral Deed, recorded December
22, 1982 in Book 984 at Reception No. 1912200, and any and all assignments
thereof or interests therein.
9. An Oil and Gas Lease, from Vincent C. Erickson and Elisabeth J. Erickson as
Lessor (s) to Louis S. Madrid as Lessee (s) dated February 10, 1975, recorded
April 10, 1975 in Book 736 at Reception No. 1657834, and any and all
assignments thereof or interests therein.
10 . Right of way and easement for telephone lines as described in Book 202 at Page
60, in Book 202 at Page 65 and in Book 910 at Page 38 .
11. Right of way for ditch described in Book 114 at Page 127 .
12 . Right of Way Grant to K N Front Range Gathering Company recorded December 29,
1994 in Book 1473 at Reception No. 2420885.
13 . Right of Way Grant to K N Front Range Gathering Company recorded December 29 ,
1994 in Book 1573 at Reception No. 2420886.
14. Right of Way Grant to K N Front Range Gathering Company recorded December 29,
1994 in Book 1473 at Reception No. 2420887 .
-Continued-
Filet LR19319000
SCHEDULE B continued
Order No. LR19319B00 Policy No. 1339133
15. Easement Deed to Northern Colorado Water Conservancy District recorded August
8, 1995 in Book 1505 at Reception No. 2450344.
16. Temporary Construction Easement Deed to Northern Colorado Water Conservancy
District recorded August 8, 1995 in Book 1505 at Reception No. 2450345.
17. Right of Way Grant to K N Gas Gathering, Inc. recorded July 9, 1998 at
Reception No. 2625080 .
18. Agreement by and between N. Paul Axelson and Helen R. Axelson and HS
Resources, Inc. recorded March 18, 1998 at Reception No. 2600582 .
19. All Items and Easements as shown on that instrument recorded September 7,
1995 in Book 1510 at Reception No. 2454568.
20. Terms, conditions, provisions and obligations of that Memorandum of Surface
Use Agreement recorded December 20, 1999 at Reception No. 2739711.
5T A.E.
`TITLE DEPARTMENT - DELIVERY TRANSMITTAL '`-- - c'.
FIRST AMERICAN HERITAGE TITLE Co `
1000 Centre Avenue•Fort Collins,CO 80526•Ph:(970)493-3051•Fax:(970)224-2177 First American Heritage
Title Company
DATE: MAY 24, 2001 Th.c.m,nn,.Thal Offen Inn.
ORDER NO: LR28713B00 ADVANTAGE
PROP.ADDR: 13735 WCR 25 1/2, Platteville, Colorado 80651
OWNER/BUYER: To Be- Assigned
PLEASE DELIVER TO THE CUSTOMER LISTED BELOW:
ICLOSING First American Heritage Title Co ATTN: Stephanie Panetta
OFFICE LongmontiEscrow Office
655 South Sunset Street, Suite A PHONE: (303) 684-6655
Longmont, CO 80501 FAX: (303) 938-0640
I # COPIES: 1 ROUTING METHOD: DELIVER I
I TO: Caldwell Banker Preferred Realty ATTN: Jerry Schlegel
601 S. Bowen Street PHONE: (303) 776-4495
Longmont, CO 80501 - FAX: (303) 776-4704
I # COPIES: 01 ROUTING METHOD: DELIVER
•
I TO: Coldwell Banker Preferred Realty ATTN: Tom Dunn I
601 S. Bowen Street PHONE: (303) 776-4495
Longmont, CO 80501 FAX: (303) 776-4704
I # COPIES: 01 ROUTING METHOD: DELIVER I
THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD
YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE
TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND
TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN:
changed commitment date
File N LR28713➢00
TRANSMIT
File# LR28713B00
FIRST AMERICAN HERITAGE TITLE CO
1000 Centre Avenue•Fort Collins,CO 80526 •Phone: (970)493-3051 •FAX: (970)224-2177
COMMITMENT
SCHEDULE A
Commitment No: LR28713.B00-2
1. Commitment Date: May 15, 2001 at 7 :29 A.M.
2 . Policy or Policies to be issued:
Policy Amount
(a) owners Policy - Proposed Insured:
$ TBD
To Be Assigned
3 . Fee Simple interest in the land described in this commitment is owned, at the
Commitment Date by: •
Donald J. Sherwood
4. The land referred to in this Commitment is described as follows:
That portion of the Southwest 1/4 of Section 19 and the Northwest 1/4 of
Section 30, all in Township 3 North, Range 66 West of the 6th P.M. , Weld
County, Colorado, more particularly described as follows: Beginning at the
Southwest corner of said Section 19; thence along the South line of said
Southwest 1/4 South 89'36'36" East 490.54 feet to the True Point of
Beginning; thence South 20°42 '41" West 732 .44 feet; thence South 74'06'12"
East 122 . 00 feet; thence South 03 '55'35" East 359 .37 feet; thence South
12 '14' 13" East 245. 50 feet to the South line of the Northwest 1/4 of the
Northwest 1/4 of said Section 30; thence along said South line South
89 °28'45" East 1458.20 feet; thence North 00'52' 56" East 1187 . 49 feet; thence
North 89'36'36" West 430. 63 feet; thence North 00'52 '56" East 133 .27 feet to
the North line of said Northwest 1/4; thence continuing North 00' 52 '56" East
232 .91 feet; thence South 89°36' 36" East 430 . 63 feet; thence North- 00'52 ' 56"
East 664.42 feet; thence South 89 °33 '55" West 405.75 feet; thence North
01'23 ' 35" East 390 .38 feet to the South right of way line of State Highway No.
66; thence along said right of way line South 89'33 '55" West 505. 80 feet;
thence South 21 ° 10 ' 51" West 152 . 00 feet; thence South 30 '10 '25" West 246 . 50
feet; thence South 20'42 '41" West 979 .41 feet more or less to the True Point
of Beginning,
County of Weld,
State of Colorado.
( for informational purposes only) 13735 WCR 25 1/2
PREMIUM:
Owner' s Policy $
05/24/01 13 : 11:44 fv (TBA)
UTCOCTI -
05/24/01 13 : 11 :45 fv (TEA) Filet/ 11128713B00
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the
legal documents resulting from the transaction, the Company shall be responsible for
all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien
coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,
improvements or repair in the last six months prior to the date of this commitment
the requirements will be payment of the appropriate premium and the completion of an
Affidavit and Indemnity by the seller.
If the property being purchased was constructed, improved or repaired within six
months prior to the date of this commitment the requirements may involve disclosure
of certain financial information, payment of premiums, and indemnity, among others.
The general requirements stated above are subject to the revision and approval
of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S. )
The subject land may be located in a special taxing district; a certificate of taxes
due listing each taxing jurisdiction shall be obtained from the county treasurer or
the county treasurer' s authorized agent; and information regarding special districts
and the boundaries of such districts may be obtained from the board of county
commissioners, the county clerk and recorder, or the county assessor.
05/24/01 13 : 11: 46 fv (TBA) File* LR28713B00
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 1
Order No. LR28713B0O-2
Requirements
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be
insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Obtain a certificate of taxes due from the county treasurer or the county
treasurer's authorized agent.
(d) The following documents satisfactory to us must be signed, delivered and
recorded:
1. Warranty Deed sufficient to convey the fee simple estate or interest in the
land described or referred to herein, to the Proposed Insured, Schedule A,
Item 2A.
2 . This Commitment is subject to such further Exceptions and/or Requirements as
may appear necessary when the name of the (Proposed Insured, Schedule A, Item
2A) has been disclosed.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100, 000. 00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S.
39-22-604.5 (NONRESIDENT WITHHOLDING) .
05/24/01 13: 11:48 fv (TBA) He# LR26713800
Form No. 1344-B2 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 2
Order No. LR28713B00-2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of
to our satisfaction:
1 . Taxes and Assessments not certified to the Treasurer's Office.
2 . Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or by making inquiry
of persons in possession thereof. .
3 . Easements, or claims of easements, not shown by public records.
4 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any facts which a correct survey and inspection of the land would disclose, and
which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
6 . All taxes and assessments, now or heretofore assessed, due or payable.
7 . Right of way for roads as described in Book 1013 at Page 390, in Book 1069 at
Page 453 and in Book 1447 at Page 79 .
8. An undivided 100% interest in all oil, gas and other minerals conveyed to
Martin Exploration Management Corporation by Mineral Deed, recorded December
22, 1982 in Book 984 at Reception No. 1912200, and any and all assignments
thereof or interests therein.
9 . An Oil and Gas Lease, from Vincent C. Erickson and Elisabeth J. Erickson as
Lessor (s) to Louis S. Madrid as Lessee(s) dated February 10, 1975, recorded
April 10, 1975 in Book 736 at Reception No. 1657834, and any and all
assignments thereof or interests therein.
10 . Right of way and easement for telephone lines as described in Book 202 at Page
60, in Book 202 at Page 65 and in Book 910 at Page 38 .
11. Right of way for ditch described in Book 114 at Page 127 .
12 . Right of Way Grant to K N Front Range Gathering Company recorded December 29 ,
1994 in Book 1473 at Reception No . 2420885.
13 . Right of Way Grant to K N Front Range Gathering Company recorded December 29 ,
1994 in Book 1473at Reception No . 2420886.
14 . Right of Way Grant to K N Front Range Gathering Company recorded December 29 ,
1994 in Book 1473 at Reception No . 2420887 .
--Continued
Filek LR28713B00
5/ 24/01 13 : 11:49 iv (TBA)
orm No. 1344-B2 (CO-88)
LTA Plain Language Commitment
Schedule B - Section 2 continued
order No. LR28713B00-2
15. Easement Deed to Northern Colorado Water Conservancy District recorded August
8, 1995 in Book 1505 at Reception No. 2450344.
16. Temporary Construction Easement Deed to Northern Colorado Water Conservancy
District recorded August 8, 1995 in Book 1.505 at Reception No. 2450345.
17 . Right of Way Grant to K N Gas Gathering, Inc. recorded July 9, 1998 at
Reception No. 2625080 .
18. Agreement by and between N. Paul Axelson a
dend Heleni on No.R. elSOn2600 and HS
Resources, Inc. recorded March 18, 1998 at
19 . All Items and Easements as shown on that instrument recorded September 7,
1995 in Book 1510 at Reception No. 2454568.
at Memorandum of 20 . UsemAgreement1ons, provisions 1999 1 at Reception of
Receptli Surface
on No. 2739711.
AHERI
TITLE DEPARTMENT - DELIVERY TRANSMITTAL `-: r• '
FIRST AMERICAN HERITAGE TITLE CO ''
kits1000 Centre Avenue•Fort Collins,CO 80526•Ph:(970)493-3051 •Fax:(970)224-2177
First American Heritage
Title Company
DATE: MAY 24, 2001 The C.,..asy Thal Offer;T.•rw
ORDER NO: LR28713B00 ADVANTAGE
PROP.ADDR: 13735 WCR 25 1/2, Platteville, Colorado 80651
OWNER/BUYER: To Be- Assigned
PLEASE DELIVER TO THE CUSTOMER LISTED BELOW:
CLOSING First American Heritage Title Co ATTN: Stephanie Panetta
OFFICE Longmont,,Escrow Office
655 South Sunset Street, Suite A PHONE: (303) 684-6655
Longmont, CO B0501 FAX: (303) 938-0640
' # COPIES: 1 ROUTING METHOD: DELIVER
TO: Coldwell Banker Preferred Realty ATTN: Jerry Schlegel
601 S. Bowen Street PHONE: (303) 776-4495
Longmont, CO 80501 FAX: (303) 776-4704
# COPIES: 01 ROUTING METHOD: DELIVER
TO: Coldwell Banker Preferred Realty ATTN: Tom Dunn
601 S. Bowen Street PHONE: (303) 776-4495
Longmont, CO 80501 FAX: (303) 776-4704
# COPIES: 01 ROUTING METHOD: DELIVER
THE ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD
YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, PLEASE CONTACT FIRST AMERICAN HERITAGE
TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND
TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN:
changed commitment date
TRANSMIT File9 LR28713B00
Fileq LR28713B00
FIRST AMERICAN HERITAGE TITLE CO
1000 Centre Avenue•Fort Collins,CO 80526•Phone: (970)493-3051 •FAX: (970)224-2177
COMMITMENT
SCHEDULE A
Commitment No: LR28713B00-2
1. Commitment Date: May 15, 2001 at 7 :29 A.M.
2. Policy or Policies to be issued:
Policy Amount
(a) Owners Policy - Proposed Insured:
$ TBD
To Be Assigned
3. Fee Simple interest in the land described in this Commitment is owned, at the
Commitment Date by:
Donald J. Sherwood
4. The land referred to in this Commitment is described as follows:
That portion of the Southwest 1/4 of Section 19 and the Northwest 1/4 of
Section 30, all in Township 3 North, Range 66 West of the 6th P.M. , Weld
County, Colorado, more particularly described as follows: Beginning at the
Southwest corner of said Section 19; thence along the South line of said
Southwest 1/4 South 89 '36'36" East 490 . 54 feet to the True Point of
Beginning; thence South 20'42 '41" West 732 .44 feet; thence South 74'06'12"
East 122 . 00 feet; thence South 03 '55'35" East 359 .37 feet; thence South
12'14' 13" East 245. 50 feet to the South line of the Northwest 1/4 of the
Northwest 1/4 of said Section 30; thence along said South line South
89'28'45" East 1458 . 20 feet; thence North 00'52' 56" East 1187 .49 feet; thence
North 89'36'36" West 430 . 63 feet; thence North 00'52 '56' East 133 .27 feet to
the North line of said Northwest 1/4; thence continuing North 00'52 '56" East
232 .91 feet; thence South 89 °36' 36" East 430. 63 feet; thence North 00'52 '56"
East 664.42 feet; thence South 89'33 '55" West 405.75 feet; thence North
01'23 '35" East 390 .38 feet to the South right of way line of State Highway No.
66; thence along said right of way line South 89'33 '55" West 505. 80 feet;
thence South 21° 10 ' 51" West 152 . 00 feet; thence South 30'10'25" West 246,. 50
feet; thence South 20'42 '41' West 979 .41 feet more or less to the True Point
of Beginning,
County of Weld,
State of Colorado.
(for informational purposes only) 13735 WCR 25 1/2
PREMIUM:
Owner' s Policy $
05/24/01 13 : 11: 44 tv (TEA)
u1cOCCI
Pile# LR28713B00
05/24/01 13 : 11:45 fv (TEA)
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the
legal documents resulting from the transaction, the Company shall be responsible for
all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien
coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction,
improvements or repair in the last six months prior to the date of this commitment
the requirements will be payment of the appropriate premium and the completion of an
Affidavit and Indemnity by the seller.
If the property being purchased was constructed, improved or repaired within six
months prior to the date of this commitment the requirements may involve disclosure
of certain financial information, payment of premiums, and indemnity, among others.
The general requirements stated above are subject to the revision and approval
of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S. )
The subject land may be located in a special taxing district; a certificate of taxes
due listing each taxing jurisdiction shall be obtained from the county treasurer or
the county treasurer's authorized agent; and information regarding special districts
and the boundaries of such districts may be obtained from the board of county
commissioners, the county clerk and recorder, or the county assessor.
05/24/01 13 : 11 :46 fv (TBA) File# L1228713B00
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B - Section 1
Order No. LA28713B00-2
Requirements
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or for the mortgage to be
insured.
(b) Pay us the premiums, fees and charges for the policy.
(c) Obtain a certificate of taxes due from the county treasurer or the county
treasurer's authorized agent.
(d) The following documents satisfactory to us must be signed, delivered and
recorded:
1. Warranty Deed sufficient to convey the fee simple estate or interest in the
land described or referred to herein, to the Proposed Insured, Schedule A,
Item 2A.
2 . This Commitment is subject to such further Exceptions and/or Requirements as
may appear necessary when the name of the (Proposed Insured, Schedule A, Item
2A) has been disclosed.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100, 000. 00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S.
39-22-604. 5 (NONRESIDENT WITHHOLDING) .
File# LR28713B00
05/24/01 13 :11: 48 fv (TBA)
Form No. 1344-B2 (CO-88)
ALTA. Plain Language Commitment
SCHEDULE B - Section 2
Order No. LR28713B00-2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of
to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2 . Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or by making inquiry
of persons in possession thereof.
3 . Easements, or claims of easements, not shown by public records.
4.. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and
any facts which a correct survey and inspection of the land would disclose, and
which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
6. All taxes and assessments, now or heretofore assessed, due or payable.
7 . Right of way for roads as described in Book 1013 at Page 390, in Book 1069 at
Page 453 and in Book 1447 at Page 79.
8. An undivided 100% interest in all oil, gas and other minerals conveyed to
Martin Exploration Management Corporation by Mineral Deed, recorded December
22, 1982 in Book 984 at Reception No. 1912200, and any and all assignments
thereof or interests therein.
9 . An Oil and Gas Lease, from Vincent C. Erickson and Elisabeth S. Erickson as
Lessor(s) to Louis S. Madrid as Lessee(s) dated February 10, 1975, recorded
April 10, 1975 in Book 736 at Reception No. 1657834, and any and all
assignments thereof or interests therein.
10 . Right of way and easement for telephone lines as described in Book 202 at Page
60, in Book 202 at Page 65 and in Book 910 at Page 38.
11. Right of way for ditch described in Book 114 at Page 127.
12 . Right of Way Grant to K N Front Range Gathering Company recorded December 29 ,
1994 in Book 1473 at Reception No. 2420885.
13 . Right of Way Grant to K N Front Rance Gathering Company recorded December 29 ,
1994 in Book 1473 at Reception No. 2420886.
14 . Right of Way Grant to K N Front Range Gathering Company recorded December 29 ,
1994 in Book 1473 at Reception No. 2420887 .
--Continued
Filek LR2$713H 00
5/24/01 13 : 11:49 fv (TBA)
orm No. 1344-B2 (C0-88)
LTA Plain Language Commitment
Schedule B - Section 2 continued
irdes No. LR28713B00-2
15. Easement Deed to Northern Colorado Water Conservancy District recorded August
8, 1995 in Book 1505 at Reception No. 2450344.
16. Temporary Construction Easement Deed to Northern Colorado Water Conservancy
District recorded August 8, 1995 in Book 1505 at Reception No. 2450345.
17 . Right of Way Grant to K N Gas Gathering, Inc. recorded July 9, 1998 at
Reception No. 2625080 .
18 . Agreement by and between N. Paul Axn and
Helen
oR elsonand HS
Resources, Inc. recorded March 18, 1998 aa Reception
19 . All Items and Easements as shown on that instrument recorded September 7,
1995 in Book 1510 at Reception No. 2454568.
20 . Terms, conditions, provisions and obligations of that Memorandum of Surface
Use Agreement recorded December 20, 1999 at Reception No. 2739711.
PETITION FOR ZONING
TO: THE HONORABLE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF
PLATTEVILLE, COLORADO
The undersigned (called "Petitioner" herein whether singular or plural), being the owner
of the area herein proposed to be Zoned in the Town of Platteville, as shown on the Zoning Map
filed herewith and more fully described below, to be known as the Platte River Farm,
respectfully alleges and states as follows:
1. The area proposed to be zoned is unincorporated and not embraced within any
Town or incorporated town.
2. It is desirable and necessary that such area be zoned R-1.
3. The requirements of Article 6 of the Zoning Regulations exist or have been met in
the following particulars:
a. Legal description "Exhibit A" has been attached.
b. 100% owner is Donald J. Sherwood(Petitioner) see attached O & E.
c. Current zoning designation is Agriculture(Weld County).
d. Requested zoning designation is R-1.
e. Current land use is agriculture with an existing residence.
f. Request that the Board of Trustees of the Town of Platteville consider this
petition and take action within the time provided.
WHEREFORE, Petitioner requests that the Town of Platteville approve this Petition and
Zone the area described herein.
2t/Le.e,L-41/1d---- '
Donald J. Shei%ood
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mailing address date
ACKNOWLEDGEMENT
STATE OF COLORADO )
ss.
COUNTY OF Mc r )
The foregoing Zoning Petition was acknowledged before me by Donald J. Sherwood, this
day of Maki, , 2001.
•
My commission expires: t Ht], l OO I
Witness my hand and official seal.
\\\;D:'}X.°
v.
Not Public
[ SEAL ] 0 •÷0 <iR% e Notary
oUB4.0.:,0
FOFCOt—
My Commission Expires 1W16/2001
LEGAL DESCRIPTION FOR
PLATTE RIVER FARM ZONING
A PORTION OF THE SOUTHWEST 1/4 OF SECTION 19 AND THE NORTHWEST 1/4 OF SECTION
30, ALL IN TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
NOTE: FOR THE PURPOSE OF THIS DESCRIPTION THE BEARINGS ARE BASED ON THE SOUTH
LINE OF SAID SOUTHWEST 1/4 OF SECTION 19, ASSUMED TO BEAR S 89'36'36" E, MONUMENTED
AS FOLLOWS: A FOUND NUMBER 6 REBAR WITH 3-1/4 INCH ALUMINUM CAP L.S. NUMBER
13155 AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF SECTION 19 AND A FOUND
NUMBER 6 REBAR WITH 3-1/4 INCH ALUMINUM CAP L.S. NUMBER 13155 AT THE SOUTHEAST
CORNER OF SAID SOUTHWEST 1/4 OF SECTION 19.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19: THENCE ALONG THE SOUTH
LINE OF SAID SOUTHWEST 1/4, S 89'36'36" E, A DISTANCE OF 490.54 FEET TO A FOUND
NUMBER 4 REBAR WITHOUT CAP, THE TRUE POINT OF BEGINNING; THENCE S 20'42'42" W A
DISTANCE OF 732.44 FEET; THENCE S 74'06'12" E A DISTANCE OF 122.00 FEET; THENCE
S 03'55'35" E A DISTANCE OF 359.37 FEET; THENCE S 12'14'13" E A DISTANCE OF
245.50 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SAID SECTION 30, FROM WHICH POINT A FOUND NUMBER 6 REBAR WITH 3-1/4 INCH
ALUMINUM CAP L.S. NUMBER 7242 MARKING THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4
OF THE NORTHWEST 1/4 OF SECTION 30 BEARS N 89'28'45" W A DISTANCE OF 435.76 FEET;
THENCE S 89°28'45" E ALONG SAID SOUTH LINE A DISTANCE OF 1155.75 FEET TO A POINT
ON THE WESTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 1069 PAGE 453
RECEPTION NUMBER 856952, WELD COUNTY PUBLIC RECORDS, FROM WHICH POINT A FOUND
NUMBER 4 REBAR WITH 1 INCH PLASTIC CAP L.S. NUMBER 2682 BEARS S 89'28'45" E A
DISTANCE OF 302.68 FEET; THENCE N 06'25'45" W ALONG THE WESTERLY LINE OF SAID
TRACT OF LAND A DISTANCE OF 75,00 FEET; THENCE S 86'47'45" E ALONG THE NORTHERLY
LINE OF SAID TRACT OF LAND A DISTANCE OF 286.00 FEET TO A POINT ON THE WESTERLY
LINE OF STATE HIGHWAY DEPARTMENT PARCEL, PROJECT NUMBER S0054 DATED APRIL 1956;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL, ALONG THE ARC OF A CURVE TO THE
RIGHT, NON-TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 2925.00
FEET, A CENTRAL ANGLE OF 02'54'50", A DISTANCE OF 148.75 FEET, THE LONG CHORD OF
WHICH BEARS N 00'34'29" W 148.74 FEET TO A FOUND NUMBER 5 REBAR WITH 3-1/2 INCH
ALUMINUM CAP STAMPED AWP 7004-1; THENCE N 00'52'56" E A DISTANCE OF 42.21 FEET
THENCE S 89'07'04" E A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-
OF-WAY LINE OF OLD U.S. HIGHWAY NUMBER 85; THENCE N 00'52'56" E ALONG SAID
WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 935.70 FEET TO THE SOUTHEAST CORNER OF
LOTS A & B OF RECORDED EXEMPTION NO. 1211-19-3-RE1112 AS RECORDED IN BOOK 1217 AS
RECEPTION NO. 2162128; THENCE ALONG THE SOUTH, WEST AND NORTH LINES OF SAID RECORDED
EXEMPTION THE FOLLOWING THREE COURSES: 1) N 89'36'36" W A DISTANCE OF 430.63 FEET,
2) N 00'52'56" E A DISTANCE OF 366.18 FEET, 3) S 89'36'36" E A DISTANCE OF 430.63 FEET
TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF OLD U.S. HIGHWAY NUMBER 85; THENCE
ALONG SAID WESTERLY RIGHT-OF-WAY LINE N 00'52'56" E A DISTANCE OF 664.42 FEET TO A
POINT ON THE SOUTHERLY LINE OF A REPLAT OF BLOCK 52, TOWN OF PLATTEVILLE, BOOK 617,
RECEPTION NUMBER 1538567, WELD COUNTY PUBLIC RECORDS; THENCE S 89'33'55" W ALONG
THE SOUTHERLY LINE OF SAID REPLAT OF BLOCK 52, A DISTANCE OF 405.75 FEET TO A FOUND
NUMBER 4 REBAR WITHOUT CAP; THENCE N 01'23'35" E ALONG THE WESTERLY LINE OF SAID
REPLAT OF BLOCK 52 A DISTANCE OF 39D.38 FEET TO A FOUND NUMBER 4 REBAR WITHOUT CAP
MARKING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NUMBER 66;
THENCE S 89'33'55" W ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 505.80
FEET; THENCE S 21'10'51" W A DISTANCE OF 152.00 FEET TO A FOUND NUMBER 5 REBAR WITH
I-i/2 INCH ALUMINUM CAP L.S. NUMBER 10740; (HENCE S 3010'25- W A DISTANCE OF
246.50 FEET; THENCE S 20'42'41" W A DISTANCE OF 979.41 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT LOTS A AND B OF RECORDED EXEMPTION NO. 1211-19-3-RE1112, BOOK 1217,
RECEPTION NO. 2162128, WELD COUNTY PUBLIC RECORDS;
CONTAINING A NET AREA OF 72.91 ACRES MORE OR LESS.
Town of Platteville
FY_
.
Memorandum
To: Weld County Board of County Commissioners
From: Steve Hebert (Comm nit Matters, Inc.),Planner for the Town of Platteville
Date: July 17, 2001
Re: Platte River Farm Annexation
Pursuant to §31-12-108.5, C.R.S., the Town of Platteville hereby submits to the Weld
County Board of County Commissioners a copy of the Annexation Impact Report for the
proposed Platte River Farm development.
Also included in this transmittal is one copy each of the Annexation Map, the Proposed
Zoning Map and the first draft of the Annexation Agreement.
4/22e /helms/ezd
7 i)/ joe /Øw ) t/ . (Y1/ L(2f')
PLATTE RIVER FARM ANNEXATION
IMPACT REPORT
Pursuant to §31-12-108.5, C.R.S., the Town of Platteville hereby submits an annexation impact
report to the Board of County Commissioners of the County of Weld, State of Colorado, in connection
with the following annexation, a petition for which has been filed with and is pending before the Board of
Trustees of the said Town:
Platte River Farm Annexation
1. A map of the annexation property, containing the information required by the statute, is
attached hereto and incorporated herein by reference.
2. Proposed Project Summary:
75.62 Acres
Proposed Zoning—R-1
Estimated Number of Single-Family Units—99
Approximately 29 acres of open space and parks
3. A copy of the first draft annexation agreement being discussed as of the date of this
report is attached hereto.
4. The Town's plans for extending municipal services performed by or on behalf of the
municipality to the annexed area are as follows:
a. Water: Municipal water service will be extended by connecting the internal
distribution system for the annexation property to existing lines and facilities of
the municipal system. Additional supplies of water will be obtained from the
Central Weld County Water District pursuant to a Water Service Agreement
already in effect. The Town will be the exclusive provider of water service.
b. Sanitary sewer: Municipal sanitary sewer service will be extended by connecting
the internal collection system for the annexation property to existing lines and
facilities of the municipal system. The Town will be the exclusive provider of
sanitary sewer service.
c. Storm sewer: Municipal storm sewer service will be extended by connecting the
internal collection system for the annexation property to existing lines and
facilities of the municipal system. The Town will be the exclusive provider of
storm sewer service.
CAK\53378\355389.01
d. Fire protection services: The Town does not provide municipal fire protection
services but such services are available generally from the Platteville-Gilcrest
Fire Protection District. The property is located within said District.
e. Police services: Routine patrol and investigative services currently furnished
elsewhere in the Town by the Platteville Police Department will be extended to
cover the annexation property.
f. Transportation services: The Town will operate and maintain duly dedicated and
accepted public streets and roads within the annexation property upon the same
basis as such services are provided elsewhere in the Town.
5. Financial plan. The developer of the annexation property will acquire additional supplies
of water and will construct and convey to the Town, all at no cost to the Town, all
infrastructure, including water, sanitary sewer, drainage, street and highway
improvements, as are required to serve the annexation property. Except for the
enlargement of certain off-site water and sanitary sewer mains already in the Town's
capital improvements plan and already being funded by water and sewer rates, the Town
will not incur any additional financial obligation for such facilities. The extension of
water and sanitary sewer service to the property will be financed by tap fees and other
rates and charges sufficient to recover the cost of furnishing such service to the
annexation property. If development of the subject property is desired prior to the Town
completing its aforementioned water and sewer system improvements, the annexation
agreement will consider developer funded options with reimbursement. The extension of
drainage, police and transportation services will be financed by increased tax revenues
from the annexation property.
6. Districts: The annexation property is located within the Platteville-Gilcrest Fire
Protection District, the Northern Colorado Water Conservancy District, Weld County
Library District,Aims Community College District,the Weld County Library District
and the Weld County School District RE-1.
7. School impacts: Using student generation numbers from School District RE-1, the
project is expected to generate approximately 40 elementary school students, 20 middle
school students and 20 high school students. The requirements for capital construction to
educate these students will need to be determined by the school district, or its consultant.
Town representatives have been in contact with the districts consultant regarding these
matters.
DATED this 12th day of July, 2001.
TO AT VII, E
By:
Steve Hebert
Town Planner(Community Matters, Inc.)
CAK\53378\355389.01
DRAFT 7/3/01
ANNEXATION AGREEMENT
PLATTE RIVER FARM
THIS ANNEXATION AGREEMENT ("Agreement") is entered into and made
effective as of the day of August, 2001, between the TOWN OF PLATTEVILLE, a
municipal corporation of the State of Colorado, whose address is 400 Grand Avenue, Platteville,
Colorado 80651 (the "Town"), and DONALD J. SHERWOOD, 6635 Rabbit Mountain Road,
Longmont, Colorado 80503 (the "Owner"). Sections 1 through 6, inclusive, and Section 9, of
this Agreement shall be effective only upon the passage of an ordinance annexing the real
property more fully described below into the Town.
RECITALS AND REPRESENTATIONS:
WHEREAS, except for public streets and highways, the Owner is the sole owner of the
property located in Weld County, Colorado, more fully described on Exhibit A attached hereto
and incorporated into this Agreement (the "Property"); and
WHEREAS, pursuant to the Colorado Municipal Annexation Act, C.R.S. §§31-12-101,
et seq., the Owner has filed a petition for annexation of the Property into the Town; and
WHEREAS, the Town wishes to control its growth in a planned and orderly fashion,
maintaining and improving its quality of life and its ability to provide and enhance
environmental amenities, services, and local opportunity for its citizens; and
WHEREAS, the Owner wishes to develop the Property for use or uses compatible with
its objectives and those of the Town; and
WHEREAS, it is in the public interest for the parties to enter into a written agreement
regarding the matters addressed in this Agreement;
COVENANTS:
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
the annexation of the Property by the Town, the adequacy and sufficiency whereof are
acknowledged, the parties agree as follows:
1. TOWN JURISDICTION OVER PROPERTY. Except as expressly set forth in
Sections 3 and 4 below with respect to zoning and improvements, the Property shall, upon
annexation, be subject to all of the ordinances, codes, rules, regulations, policies and applicable
contracts of the Town, as now or hereafter constituted.
2. UTILITY AND MUNICIPAL SERVICES. The Town shall provide to the
Property the usual and customary municipal services provided by the Town within its municipal
limits generally, in accordance with the ordinances and policies of the Town.
CAK\53378\355906.03
DRAFT 7/3/01
2.1 WATER AND SANITARY SEWER SERVICE. The Property shall take
and be served exclusively with the municipal water and sanitary sewer service of the Town,
subject to the rules and regulations of the Town's water and wastewater utilities, as now or
hereafter constituted.
a. Sewer. As of the date of this Agreement, the Town has treatment capacity for
approximately 450 Equivalent Residential Unit (EQR) sewer taps for service throughout the
Town. Other undeveloped properties having current development approval in the Town,
together with proposed development densities for the Property currently under consideration,
will exceed the current sewage treatment capacity of the Town. Additionally, Owner is aware of
current limitations in wastewater transmission service for the Property that will continue until the
Town is able to complete planned improvements identified in its capital improvements plan as
the Division Street Relief Sewer.
b. Water. As of the date of this Agreement, the Town does not have system
capacity available to serve the Property. System capacity to serve the Property will not exist
until completion of the Town facilities described in 4.4 below. Additionally, Owner is aware of
current limitations in adequate fire flows for the Property that will continue until the Town is
able to complete planned improvements identified in its capital improvements plan as the
Vasquez Street Waterline Improvements. The Town's water supply is furnished by the Central
Weld County Water District (CWCWD), and water service in the Town is therefore subject to
the terms and conditions of the water service agreement between the Town and CWCWD, as
now or hereafter constituted. The Property shall be liable for its proportionate share of any new
fees or charges imposed upon the Town by CWCWD to pay the costs of serving newly
developing areas.
Based upon the foregoing, the Town cannot guarantee its ability to provide water or sewer taps
or service connections on demand. The availability of such services is determined on a first-
come, first served basis, at the time application therefor is made. The Property shall be subject to
all policies, ordinances, rules, regulations, platting restrictions and permitting procedures
currently in effect or enacted in the future to allocate or regulate the use of the Town's utility
resources generally throughout the area served by the same.
2.2 FIRE PROTECTION SERVICES. The Town does not provide municipal
fire protection services but such services are available generally from the Platteville-Gilcrest Fire
Protection District. If the Property is not within said district, the Owner shall cause the Property
to be included within the same prior to the Town's issuance of a building permit for above-grade
new construction located within the Property.
2.3 POLICE SERVICES. The Town shall provide police services to the
Property upon the same basis as such services are provided to other property within the Town.
2.4 ELECTRIC, NATURAL GAS, TELEPHONE, CABLE TV AND OTHER
UTILITY SERVICES. The Town does not provide electric, natural gas, telephone, or cable TV
facilities or services. Such services are available from private contractors within the Town. The
extension of such services to the Property is not the obligation or responsibility of the Town.
CAK\53378\355906.03 2
DRAFT 7/3/01
2.5 TRANSPORTATION SERVICES. The Town shall maintain duly
dedicated and accepted public streets and roads within its municipal boundaries which serve the
Property, both on and off-site, upon the same basis as such services are provided to other
property within the Town.
3. ZONING. The parties' mutual desire and decision to annex the Property into the
Town is based in part upon their expectation that development thereof will occur substantially in
accordance with the provisions of this Section 3 and the site plan attached hereto as Exhibit B.
The Zoning Petition filed by the Owner proposes, and the Town has approved, an R-1 (Single
Family Residential) zoning classification for the Property. In order to effectuate the intent of the
Town and Weld County, Colorado as expressed in the Interim Coordinated Planning Agreement
between said parties, and any successor or replacement agreements ("Planning Agreement"), no
new dwelling shall be constructed on any lot or parcel within the Property that is not part of a
subdivision approved by the Town following annexation. Except for the foregoing, the Property
shall be subject to all requirements of the Town's Zoning regulations as now or hereafter
constituted.
3.1 EXISTING NON-CONFORMING BUILDINGS/USES. There are no
non-conforming uses and structures on the Property.
3.2 REZONING. Nothing in this Agreement shall be construed or interpreted
to limit, restrict or abrogate in any way the power or authority of the Town to rezone the
Property or any portion thereof at any time after annexation, either on its own motion or in
response to a zoning petition. Notwithstanding the foregoing, however, so long as actual
development of the Property substantially in accordance with Exhibit B begins within 12 months
after annexation and continues without a delay or interruption of more than 24 consecutive
months, the Town will not initiate any rezoning that would cause the planned development of the
Property to become non-conforming with or otherwise in violation of the Town's zoning
regulations.
4. REQUIRED IMPROVEMENTS.
4.1 SUBDIVISION REQUIRED. Prior to the commencement of any
residential development of the Property, the Owner shall apply for and obtain Town approval for
a subdivision which enhances and promotes Urban Development as that term is defined in the
Planning Agreement, and which observes and promotes the objectives of the Town's subdivision
regulations and comprehensive plan. The specific public improvements required in connection
with such development shall be determined at the time application for subdivision approval is
made, in accordance with applicable regulations of the Town. The Owner shall in any event
participate in the financing of such off-site improvements as may be necessary or appropriate to
mitigate the impacts of development of the Property, all as reasonably and equitably determined
by the Town in accordance with ordinances and regulations of the Town, the laws of the State of
Colorado and the United States.
CAK\53378\355906.03 3
DRAFT 7/3/01
4.2 OFF-SITE IMPROVEMENTS FOR ANTICIPATED DEVELOPMENT.
For the type and density of development of the Property shown on Exhibit B, the Owner's
obligations for off-site improvements shall consist of those described in 4.2 a. through e. below.
Those improvements constructed directly by Owner shall be constructed and installed by the
Owner in accordance with plans and design approved by the Town and conveyed to the Town at
no cost to the Town as provided below.
a. Sewer. Owner will construct and install a new lift station of such size and
capacity as the Town shall determine sufficient to carry peak flows anticipated from the tributary
area, to be located on the south side of Highway 66 at Division Street (extended); abandon and
remove the existing sanitary sewer lift station located on the east side of Main Street at the
northwest corner of Bella Vista Subdivision; construct and install a minimum 8" diameter PVC
gravity sewer main connecting the new lift station to the location of the old lift station; and
construct and install a new force main, the size of which will be determined by the Town during
design, from the new lift station to and connecting with the existing Town main in Division
Street.
b. Water. Public water main not less than eight inches in diameter extending
approximately 500 linear feet from the Town's existing main near the south access to Bella Vista
Subdivision and extending south to the south access drive to the Property.
c. Utility Connections. Connection of all water and sewer improvements on
the Property to the Town's water and sewer systems.
d. Street Improvements. No off-site street improvements are required.
e. Drainage. Such off-site sewer facilities as are necessary to insure that
runoff from the Property does not exceed historic runoff or otherwise adversely affect
downstream properties.
4.3 CONVEYANCE AND ACCEPTANCE REQUIREMENTS. Owner shall
be subject to the conveyance and acceptance requirements, and reimbursement opportunities, set
forth in Article 8 of Chapter 16 of the Platteville Municipal Code for all public improvements
installed by it in connection with the development or use of the Property.
4.4 TOWN WATER IMPROVEMENTS. In order to develop water system capacity
to serve the Property and other areas within the Town and its expected growth area, the Town is
planning to construct the following new facilities: a new master meter off the Central Weld
County Water District main in Weld County Road 34 at Front Street, a 1.0 million gallon tank
located approximately 1 mile east of said master meter, a 12" diameter water main connecting
the said master meter to the tank, and a second new master meter off the Central Weld County
Water District main in Weld County Road 25. These facilities will serve the entire water system
of the Town and are currently planned to be paid for by the Town from System Investment
Charge revenues. Because of other properties seeking annexation to and water service from the
Town, the exact order or timing of construction of these facilities is not presently known, but
current plans call for the master meter on Weld County Road 34 to be constructed in 2001, and
CAK\53378\355906.03 4
DRAFT 7/3/01
for the tank and the 12" main from the master meter to the tank to be completed by 2003. The
master meter on Weld County Road 25 is not presently scheduled for construction. The Town
reserves full right in its sole and unfettered discretion to determine a different schedule and to re-
configure or build other facilities to accomplish the same functions. If Owner desires to
accelerate the development of any of these facilities to expedite service to the Property, the Town
will coordinate with Owner to attempt to identify such facilities as would be necessary to that
end and if successful will permit Owner under separate written agreement to advance the costs
thereof and issue a credit against System Investment Charges for new water taps within the
Property to the extent of any such advances.
5. OWNER'S INDEMNIFICATION AGAINST LEGAL CHALLENGE. The
Owner understands and acknowledges that the annexation, zoning and subdivision of the
Property may be subject to challenge by the filing of litigation in a state or federal court. In the
event of such challenge, the Town will incur costs and expenses related to defense of same,
including reasonable attorney's fees, filing fees, and court costs. The Owner shall indemnify and
shall pay all reasonable costs and expenses incurred by the Town in any defense of the
annexation and/or zoning of the Property, regardless of outcome; provided, however, that the
Town shall reserve and retain the right to repeal, modify, or amend any or all ordinances or
resolutions annexing or zoning the Property, and shall reserve and retain the right to settle,
prosecute, litigate, and defend any such action in any manner and by any method that the Town
deems appropriate, desirable, or in its best interests. The Town shall, to the extent practicable
and convenient, consult with and advise the Owner of the progress of any defense.
6. OWNER'S INDEMNIFICATION AGAINST REFERENDUM; COSTS OF
VOTER APPROVAL. The Owner understands and acknowledges that the annexation, zoning
and subdivision of the Property may be subject to public referendum. In the event of the filing of
a public referendum, the Town may incur costs and expenses related to conducting a municipal
election, including but not limited to costs and expenses of publication, printing, and mailing,
reasonable attorney fees, and the costs of retaining the services of election judges. The Owner
shall indemnify and shall pay all reasonable costs and expenses incurred by the Town in
conducting such election, regardless of outcome; provided, however, that the Town shall reserve
and retain the right to repeal, modify, or amend any or all ordinances and resolutions annexing or
zoning the Property or to take any other action the Town deems appropriate, desirable, or in its
best interests in the handling, consideration of the referendum petition and referendum election.
7. NO VESTING OF RIGHTS. Nothing in this Agreement shall be construed to
vest any property rights to the development of the Property, including but not limited to vesting
of rights in accordance with applicable provisions of Chapter 16 of the Platteville Municipal
Code or Article 68 of Title 24, Colorado Revised Statutes.
8. WAIVER. A waiver by any party to this Agreement of the breach of any term or
provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either party.
9. BINDING EFFECT. This Agreement shall be binding upon the successors, heirs,
legal representatives, and assigns of the parties, and the benefits and burdens hereof shall
CAK\53378\355906.03 5
DRAFT 7/3/01
constitute covenants running with the Property. In the event that all or part of the Property is
sold, transferred, or otherwise conveyed to additional or multiple parties, all owners shall be
jointly and severally responsible for all terms, conditions, and obligations set forth in this
Agreement.
10. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions
of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved
to the Town and Owner, and nothing contained in this Agreement shall give or allow any such
claim or right of action by any other third person on such Agreement. It is the express intent of
the Town and Owner that any person other than the Town or the Owner receiving services or
benefits under this Agreement shall be deemed to be an incidental beneficiary only.
11. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be
governed by the laws of the State of Colorado. This Agreement may be enforced at law or in
equity. In addition to any other available remedies, the Town may withhold or revoke any
permits or certificates, including but not limited to building permits and certificates of
occupancy, for any lot or structure within the Property owned at the time by Owner or a
developer successor of Owner in the event of a breach of this Agreement by the Owner.
12. ATTORNEY'S FEES. If the Owner breaches this Agreement, the Owner shall
pay the Town's reasonable costs and attomey's fees incurred in the enforcement of the terms,
conditions, and obligations of this Agreement.
13. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
the convenience and reference of the parties and are not intended in any way to define, limit or
describe the scope or intent of this Agreement.
14. INTEGRATION AND AMENDMENT. This Agreement represents the entire
agreement between the parties and no additional or different representation, promise or
agreement, written or oral, shall be binding upon either party with respect to the subject matter
hereof. This Agreement may be amended only by an instrument in writing signed by the parties.
15. SEVERABILITY. Invalidation of any of the provisions of this Agreement or any
paragraph, sentence, clause, phrase, or word herein or the application thereof in any given
circumstance shall not affect the validity of any other provision of this Agreement.
16. RECORDATION OF AGREEMENT. This Agreement shall be recorded by the
Town with the Clerk and Recorder's Office of Weld County, Colorado. The Owner shall pay the
reasonable cost of recordation of this Agreement upon request by the Town.
IN WITNESS WHEREOF the parties have set their hands and seals effective as of the
day and year first above written.
TOWN OF PLATTEVILLE,
a municipal corporation
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ATTEST:
Michael A. Cowper, Mayor
Town Clerk
OWNER:
DONALD J. SHERWOOD
STATE OF )
) ss.
COUNTY OF )
The above and foregoing instrument was acknowledged before me this day of
, 2001,by Donald J.Sherwood, Owner.
My Commission expires:
Notary Public
[ SEAL]
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EXHIBIT A
Platte River Farm
Annexation Property
LEGAL DESCRIPTION
PLATTE RIVER FARM ANNEXATION
A PORTION OF THE SOUTHWEST '/ OF SECTION 19 AND THE NORTHWEST '/4 OF
SECTION 30, ALL IN TOWNSHIP 3 NORTH, RANGE 66 WEST OF THE 6T" P.M.,
COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS-.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19: THENCE
ALONG THE SOUTH LINE OF SAID SOUTHWEST 1/4 SOUTH 89°36'36" EAST, A
DISTANCE OF 490.54 FEET TO FOUND A NUMBER 4 REBAR WITHOUT CAP, THE
TRUE POINT OF BEGINNING;
THENCE SOUTH 20°42'42" WEST A DISTANCE OF 732.44 FEET;
THENCE SOUTH 74°06'12" EAST A DISTANCE OF 122.00 FEET;
THENCE SOUTH 03°55'35" EAST A DISTANCE OF 359.37 FEET;
THENCE SOUTH 12°14'13" EAST A DISTANCE OF 245.50 FEET TO A POINT ON THE
SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION
30, FROM WHICH POINT A FOUND NUMBER 6 REBAR WITH 3-1/4 INCH
ALUMINUM CAP L.S. NUMBER 7242 MARKING THE SOUTHWEST CORNER OF
SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30 BEARS NORTH
89°28'45" WEST A DISTANCE OF 435.76 FEET;
THENCE SOUTH 89°28'45" EAST ALONG SAID SOUTH LINE A DISTANCE OF
1155.75 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT OF LAND
DESCRIBED IN BOOK 1069 PAGE 453 RECEPTION NUMBER 856952, WELD
COUNTY PUBLIC RECORDS, FROM WHICH POINT A FOUND NUMBER 4 REBAR
WITH 1 INCH PLASTIC CAP L.S. NUMBER 2682 BEARS SOUTH 89°28'45" EAST A
DISTANCE OF 302.68 FEET;
THENCE NORTH 06°25'45" WEST ALONG THE WESTERLY LINE OF SAID TRACT
OF LAND A DISTANCE OF 75.00 FEET;
THENCE SOUTH 86°47'45" EAST ALONG THE NORTHERLY LINE OF SAID TRACT
OF LAND A DISTANCE OF 286.00 FEET TO A POINT ON THE WESTERLY LINE OF
STATE HIGHWAY DEPARTMENT PARCEL, PROJECT NUMBER S0054 DATED
APRIL 1956;
THENCE ALONG THE WESTERLY LINE OF SAID PARCEL, ALONG THE ARC OF A
CURVE TO THE RIGHT, NON-TANGENT TO THE LAST DESCRIBED COURSE,
HAVING A RADIUS OF 2925.00 FEET, A CENTRAL ANGLE OF 02°54'50", A
DISTANCE OF 148.74 FEET, THE LONG CHORD OF WHICH BEARS NORTH
00°34'29" WEST 148.67 FEET TO A FOUND NUMBER 5 REBAR WITH THREE AND
ONE HALF INCH ALUMINUM CAP STAMPED AWP 7004-1;
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THENCE NORTH 00°52'56" EAST A DISTANCE OF 42.21 FEET;
THENCE SOUTH 89°07'04" EAST A DISTANCE OF 90.00 FEET TO A POINT ON THE
EASTERLY RIGHT-OF-WAY LINE OF OLD U.S. HIGHWAY NUMBER 85;
THENCE NORTH 00°52'56" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A
DISTANCE OF 1069.50 FEET TO A POINT ON THE NORTH LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 30;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE, NORTH
00°52'56" EAST A DISTANCE OF 898.18 TO A POINT ON THE SOUTHERLY LINE,
EXTENDED EASTERLY, OF A REPLAT OF BLOCK 52, TOWN OF PLATTEVILLE,
BOOK 617, RECEPTION NUMBER 1538567, WELD COUNTY PUBLIC RECORDS;
THENCE SOUTH 89°33'55" WEST ALONG THE SOUTHERLY LINE EXTENDED AND
THE SOUTHERLY LINE OF SAID REPLAT OF BLOCK 52, A DISTANCE OF 465.77
FEET TO A FOUND NUMBER 4 REBAR WITHOUT CAP;
THENCE NORTH 01°23'35" EAST ALONG THE WESTERLY LINE OF SAID REPLAT
OF BLOCK 52 A DISTANCE OF 390.38 FEET TO A FOUND NUMBER 4 REBAR
WITHOUT CAP MARKING A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF STATE HIGHWAY NUMBER 66;
THENCE SOUTH 89°33'55" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE
A DISTANCE OF 505.80 FEET;
THENCE SOUTH 21°10'51" WEST A DISTANCE OF 152.00 FEET TO A FOUND
NUMBER 5 REBAR WITH 1?/2 INCH ALUMINUM CAP L.S. NUMBER 10740;
THENCE SOUTH 30°10'25" WEST A DISTANCE OF 246.50 FEET;
THENCE SOUTH 20°42'41" WEST A DISTANCE OF 979.41 FEET TO THE TRUE
POINT OF BEGINNING;
EXCEPT LOTS A AND B OF RECORDED EXEMPTION NO. 1211-19-3 RE1112, BOOK
1217, RECEPTION NO. 2162128, WELD COUNTY PUBLIC RECORDS;
CONTAINING A NET AREA OF 75.621 ACRES MORE OR LESS.
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