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HomeMy WebLinkAbout992241.tiff Town of n AUL"r • 201 First Street • P.O. Bux 1098 Ault, Colorado 8tItsi0 • (970) 834-2844 • Fit' (9701 834-211?9 August 24, 1999 Weld County Board of Commissioners 915 10th Street Greeley, CO 80632 Board of County Commissioners: Please find the annexation impact report concerning the proposed annexation further described as: Hansen Annexation to the Town of Ault, and being a portion of the west half of Section 12, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. The Public Hearing will be held September 13, 1999, 7:00 p.m., Town of Ault Conference Room. Respectfully, r- 19_,Lt cu ) `43.11 Patricia J. Lesh Town Clerk/Treasurer ,P V cc C A Cm, SO1 fit_ �3Q" A I T 992241 �f" Unique Little I own IMPACT REPORT - HANSEN ANNEXATION Proposed Use The proposed annexation contains about 19.2 acres, all of which are planned for residential use. 'The plan currently indicates that the property would contain forty (43) dwelling units as follows: 1. Nineteen (19) single family lots. 2. Twelve (12) duplex lots with 24 dwelling units. 3. The .site is proposed to include approximately 60% open space including a storm retention pond. An existing pond, perhaps a wetland, is located on the northwestern corner of the site. The owner desires to drain this pond and replace it with the aforementioned pond along the eastern boundary of the site. An existing house and outbuildings are located along the southern boundary of the site with a small pond on the eastern edge of this property. An existing single-family house exists along the southern boundary of the proposal. The annexor has requested that horses/livestock be allowed on this portion of the site which is less than one acre Development Plan, June 1999 The Development Plan recently adopted by the Town of Ault as its comprehensive plan does provide some general guidelines for reviewing development proposals. The Development Plan Map shows the area of the proposed annexation as medium density residential or up to 5 d.u. per acre, gross density. The proposal has a gross density of 1.05 d.u. per acre which would more closely fall into the low-density category. The site itself may have limitations which prevent higher density on the site. The Development Plan also shows industrial uses to the east and north in close vicinity to the proposed annexation. The neighborhood now has industrial/agricultural uses along the railroad and if residential uses border these sites, medium-density residential is usually more compatible. Some of the goals of this plan indicate that the Town would welcome some growth while retaining the "small town character" of the Town. The residents of the Town would like to see a few more services such as a large supermarket, recreation center, and a youth center, but the Town residents recognize that this will require more growth in the town. One of the goals that directly impacts consideration of annexations and new development is that growth should "pay its own way", so that expansion of water and sewer and other public services does not cause great increases in fees and taxes to the general public. Surrounding Land Uses The proposed annexation is located northeast of the town of Ault. It has at least 116 contiguity to the Town on the eastern boundary of the Town as shown on the Vicinity Map. The site of the proposal may have been used in the past for agricultural uses, although the vegetation on the site indicates that water may drain to this site as it is lower in elevation than the surrounding area.. Highway 85 and the railroad are 1/4 mile t.o the ,r WCR 86.._ iii I s En Go °'9c)° a _ Z' AULT CEMETERY lit .. .. y -.........-.1 2. PROPOSED HANSEN 11 PROPOSED 12 ' 'n ANNEXATION ''.... WATERLINE n ... 'i 1 OSED 8" Id SEWER p 4th ST. e w 1;1 IJI \\ a a a 3rd ST. \� __ Ii u z Lt.' _2nd ST. ' :OLORADO HWY. ,14 m a 1st ST. % COLORADO HWY. 14 L_ i I 49 20 0 UI s 3I 9J O 14 13 ,iiiiik AULT WASTEWATER TREATMENT PLANT _ in rn l N / \ 3) "ICS' w\....Lii WCR 82 _. 11 1 I_ VICINITY MAP SCALE: = 220'_ west of the proposed annexation. Highway 14 is located approximately 1/4 mile to the south. The neighborhood now has more of an industrial character due to the close proximity of the railroad. The market may respond more to apartments or condominiums on the proposed site. This would also provide a better transition from the industrial uses to the east. Agricultural land surrounds the property to the north, east, and west. A mobile home community is adjacent to the property to the south. The Town cemetery is located immediately north of the proposed annexation. Although industrial and commercial uses are located along Hwy #85, the activities and traffic from this will usually have little impact on the proposed annexation. Train traffic/truck traffic is frequent and the noise from this could be disturbing to some people The site is not immediately adjacent, however, to this noise source and will be of little problem to most residents of the proposed annexation. The neighborhood to the south and southwest is, primarily, older single—family residential that would be compatible with the residential uses proposed for the Hansen annexation. Access to the site is available from 3`d Ave., which is currently paved but has no curb ..J gutter on the western border of the annexation and would have to be improved during construction of the development. Zoning The annexor has requested a PUD zone to apply to the proposed annexation. The principal uses that would be allowed by this zone are single-family and multi-family residential uses. Other uses such as day-care centers, eating places, professional offices, and convenience retail facilities may be available under special review. Another purpose of this zone is to allow the developer the opportunity for clustered housing at higher densities to avoid environmental problems or difficulties that may exist on the site. On the proposed site, such an environmental problem seems to exist on the northwest corner of the site which contains a pond that may be a wetland. Rather than avoid this location, however, the annexor is filling in this pond and placing lots directly over some portions of this existing pond. This seems to be in direct conflict with the intent of this zone. It would appear that the annexor should take a second look at the plan for this site, so that more advantage could be taken of the flexibility provided by the zone and avoidance of the difficult problems on the site. It is hopeful that the wetland study being done for the annexor might provide further helpful information on this. The zoning that currently exists surrounding the proposed annexation is industrial to the west, mobile home park to the south, and county-zoned land to the the east and the north. 2 Streets and Roads Third Ave. is the main street that borders the proposed annexation. This is located on the west side of the annexation. Cemetery Rd. also borders the proposal on the north side Third Ave. and Cemetery Rd.have no curb and gutter or sidewalk. Considering the hierarchy of streets, Third Ave. should be considered a collector street as it is the major street east of the railroad tracks that collects traffic from most of the other local streets in this area and routes the traffic to Hwy 14. Unfortunately, as one proceeds north along Third Ave. from Hwy 14, the road narrows at the church property, which probably makes it impossible to have an 80ft. ROW in this section. It is more practical to consider the ROW along the proposed annexation as a local street with a 60ft. ROW. The annexor should provide for half of this with curb and gutter and sidewalk. Within i:he annexation, there is only one access into the proposed subdivision. Most emergency personnel do not like this, because in the event of an explosion or other emergency event that blocks the entry street, no entrance or exit would exist for emergency vehicles such as firetrucks or ambulances. An easy answer to this is to continue one of the streets to Cemetery Rd. This would require improvement to Cemetery Rd. as a local street with the same specifications as Third Ave. Storm Drainage An existing pond now is located on the northwest corner of the site. It is full of water and the annexor is having a wetland expert look at the site to determine vegetation and wildlife characteristics. EPA requirements usually state that wetlands cannot be drained or dredged unless a wetland with similar characteristics is provided within the Town at a different location. The annexor has shown a storm drainage pond on the eastern boder of the site. No drainage report, however, has been produced by an engineering company that indicates the, size or location of this pond as adequate for this site. The Town has had some drainage problems in this area, and the report should take this into considerations. A fee of $150 for the first ten-thousand sq.ft. is required. Not other fee is currently required. Water Supply Dedication of water rights for the proposed annexation have been discussed with the Town Board of Trustees, and a payment schedule of 1/3 due at 1/4 of subdivision completion, 1/3 at 1/2 of subdivision completion, and the remainder due at 3/4 of completion. A $5000/du tap fee will be assessed at the time of building permit. • The extension of a new 12-inch waterline will be required within three years that crosses Hwy 85 from existing supply lines that are on the west side of the highway. An 18" culvert exists at approximately Allison St., but that is not large enough to allow crossing underneath the highway with a 12-inch pipe. Further excavation will probably be required. This would provide adequate fire flows to the Hansen annexation and provide another feed to the east side of town. This would proceed along a least-cost route to the proposed annexation. The share of the cost of this to the developer is estimated to be 3 - IL_ WCR 86 • • p9g0 • AU T CEMETERY y� 12 11 II C , _PROPOSED 12" --- WATER u �� HANSEN _ `\ t ANNEXATION `.� "o "'•1/' PROPOSED 8" y SEWER w 0 al 3rd ST. \ w I • v z a 2nd ST. ��� • COLORADO HWY. 14 m ¢ 1st ST. \\\ • • COLOPADO HWY. 14 L—� ;,'aw "A" ST. 1 • 1 ❑ i 11 I I. g92p PO 4930 • • 1.4 • 13 .�ia, _ i : • • 3 = .. WCR 82 • �• T {II • 98043 vicinit 8/17/99 TOWN OF AULT V � , KETTERLBI(i, BUTHERUS & NORTON k 1 HANSEN ANNEXATION 820 8th Street Plaza Greeley, Colorado ENGINEERS (970) 395-9880 PROPOSED OFF-SITE UTILITIES $126,000. This cost would be required from the developer within three years, and. reimbursement would be available from the Town if new taps for other development would be requested during that time period. Sewer As outlined in an earlier report by KBN, the impact of this proposed annexation on the sewage system was considered and consisted of three components: 1. Collection system 2. Lift station 3. Treatment capacity The existing collection system ends at the intersection of Fourth St. and Third Ave. It was recommended in this earlier report that the new line for the proposed annexation tie in to the 8-inch line at the alley between Third and Fourth St. The cost of this extension would be entirely the responsibility of the developer, but as with water line extensions, any taps for other development would allow for reimbursement from the Town to the developer. There is an existing lift station located on Third Ave. just south of"B" St. New pumps are being replaced and will be sized to handle additional flows from the proposed annexation. It was estimated earlier that the Hansen Annexation potentially contributed 30% of the flow to the lift station. That figure now for the 19 acre proposed annexation would be closer to 12%, which would be the developer's share of this improvement The treatment capacity is more difficult to address. KBn has developed five alternate approaches related to upgrading of the existing sewage treatment plant. As of this date, the Town has not submitted this information to the State. The estimated capacity by KBN of the existing facility is 148,000 gallons per day. The current flows to the plant average 95,000 gallons per day. The estimated flow to the plant from the 160 acre Hansen annexation was estimated to be 31,750 gallons per day for average flow. The proposed 19 acre annexation will have considerably less than this although no figures are available. It appears that the proposed annexation will not place the existing treatment plant beyond the capacity that would require some immediate change in the plant. It is obvious, however, that the town will in the near future need to take some action regarding upgrading the plant. The $2500/du tap fee will contribute to this upgrade. Parkland The potential annexation contains approximately 60% open space including the storm retention pond. This is more than adequate within the subdivision, but is not adequate for the rest of the town. According to the ordinance for the PUD zone which the developer has requested, parkland fees are .two cents per square foot of lot area or$300 per lot whichever is larger. 4 Public School District The administrators for the Highland School District were not available for this report, but some figures for school capacity are available from the Impact Report submitted by the applicant. The 1.998-99 school year shows a total enrollment of 882 students in all grades including kindergarten through twelfth. The school superintendent estimates that existing facilities are at approximately 90 percent of capacity. Existing facilities could absorb approximately 98 additional students before the school would be at its estimated capacity. The school district estimates that each additional residential dwelling unit yields and additional .67 students. Using this measure would yield and additional 27 students that the school district would have to accommodate. Other municipalities utilize different methods for computing impact created by new residential development upon the school system. For example, a study funded by EPA for communities impacted by energy development on the western slope of Colorado uses the following formulas for determining land required, facilities required, and employees required. for both elementary and secondary schools: Elementary Added pool x factor Land Facilities Employees. School divided by 0.28 land Req'd Req'd Req'd System 100 0.61 facil. 1.14 emp. Hansen 1 .28ac. .6lclassr'm 1.14 employees Annexation Secondary 0.32 land School 0.54 facil. System 1.76 emp. Hansen 1 .32ac. .54classr'm 1.76 employees Annexation The impacts on the school system for the proposed annexation are small, but the above indicates that some provision should be made to provide for funding for schools as school facilities are near capacity. Other Municipal Services Police services could also be analyzed in a similar fashion as was done above for 1:he impact on schools. This would result in increases in land required, sq. ft. of station space required, additional vehicles, and number of police officers. Similarly for fire protection, the results would yield increases in land, fire stations, and fire fighters. Some municipalities in Colorado have established fees for other public facilities or services, but the Town of Ault has elected to distribute this cost to the general population. More study would be required to establish any fees for these purposes. 5 The police chief and the fire chief both expressed the belief that they could adequately handle the increase in population and dwelling units that the proposed annexation would generate. Some concern was expressed by the fire chief concerning fire hydrants and water pressure. The Town is addressing the need for more hydrants in the area of the proposed annexation at present, and the extension of the new 12" water line will address any problems with water pressure in the future. 6 SUMMARY OF FEES, HANSEN ANNEXATION Zoning for PUD $150.00 for first 5 ac. $ 70.00 for 14 ac. Storm Drainage $ 150.00 Water Tap Fee $5,000/du Dedication of Water Rights 12" water line extension $126,000** Sewer 8" sewer line extension developer responsibility Lift station 12%of pump upgrade Tap fee $2500/du Parkland 2 cents/s.f or$300/du*** * Water Meter and Yoke $250/du Tree fee: $100/du**** *Assessment of fee to be divided thus: 1/3 due at''/ of subdivision completion 1/3 due at'A of subdivision completion 1/3 due at%of subdivision completion **Assessment of fee due w/in 3 years at time of construction by the Town of new 12" line under Hwy #85 ***Whichever is larger ****Credit of$100/tree at local nursery Page 1 of 2 7 Town of Ault 8/17/99 f1 n3nd1 I-fu.,e thor t . O ° Hil� Opinion of Cost: 12" Waterline from 1st Avenue & 5th Street to mod' y i, s4 ITEM DESCRIPTION AMOUNT UNIT UNIT COST TOTAL 1 Connection to exist. 12" 1 L.S. $1,000 $1,000 2 12" PVC, C900 2,065 L.F. 32 66,080 3 12" Gate Valve 3 EA. 2,000 6,000 4 24" Bore & Casing 160 L.F. 300 48,000 5 Asphalt Removal & Replacement 700 S.Y. 28 19,600 6 12" Bend 4 EA. 500 2,000 7 12"Tee 3 EA. 500 1,500 8 Crop Damage 1 L.S. 500 500 9 Traffic Control 1 L.S. 2,000 2,000 Subtotal $146,680 Engineering & Contingencies (25%) $36,670 Total $183,350 Opinion of Cost: 12" Waterline from 1st Avenue & 5th Street to Allison Street & Highway 85 (Town of Ault's share of overall project) ITEM DESCRIPTION AMOUNT UNIT UNIT COST TOTAL 1 Connection to exist. 12" 1 L.S. $1,000 $1,000 2 12" PVC, C900 570 L.F. 32 18,240 3 12" Gate Valve 2 EA. 2,000 4,000 4 Asphalt Removal & Replacement 700 S.Y. 28 19,600 5 12" Bend 2 EA. 500 1,000 6 12" Tee 2 EA. 500 1,000 7 Traffic Control 0.5 L.S. 2,000 1,000 Subtotal $45,840 Engineering & Contingencies (25%) $11,460 Total $57,300 Total Project Cost $183,350 Town of Ault Share $57,300 Hansen Share $126,050 Memorandum To: Clerk to the Board of Weld Count- Corr nissioners CC: All Special Districts and School C strict . the area of the annexation From: Patricia J. Lesh, Town Clerk/TreL. urer Date: 8/23/99 Re: Hansen Annexation Public Hearin_ The Public Hearing for the Hansen Annexation bnv been extended to September 13, 1999, 7:00 p.m. 8 30 99ec' Pt, Pct c A ern So PETITION FOR ANNEXATION TO THE TOWN OF AULT The undersigned, in accordance with Article 12, Chapter 31, C.R.S., as amended, hereby petition the Town. Board of Trustees of the Town of Auk, Colorado, for annexation to the Town of Ault the unincorporated territory more particularly described below, to be known as Hansen Annexation, and in support of said Petition, your petitioners allege that: 1. Tt is desiriole and necessary that the following described territory be annexed to the Town of Ault, Colorado; See Exhibit "A" attached hereto. 2. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Ault, Colorado; 3. A community of interest exists between the territory proposed to be annexed and the Town of Ault, Colorado; �. The territory proposed to be annexed is urban or will be urbanized in the near future; 5. The territory proposed to be annexed is integrated or is capable of being integrated with the Town of Auk, Colorado; 6. The signatures of the Petition comprise one hundred percent (100"/0) of the landowners of the territory to be included in the area proposed CO be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election; 7. No land 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: (a) Is divided into separate parrs or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way; (b) Comprising twenty (20) acres or more and which, together with the buildings and improvements situated thereon has an assessed value in excess of Two Hundred Thousand Dollars (5200,000.00) for ad valorem tax purposes for the year preceding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 8. No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place; 9. The area Iproposed to be annexed comprises [MORE THAN TEN ACRES AND AN IMPACT REPORT AS PROVIDED IN SECTION 31-12-105.5, C.R.S., AS AMENDED, IS REQUIRED.] 10. The area proposed to be annexed is located within Weld County, School District RE-9, Ault Ere, Weld Library, West Creeley Soil, NCW Water, Aims Junior College and no others; 11. The mailing address of each signer, the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition; 12. Accompanying this Petition are five (5) prints of the annexation map containing the following information: (a) A written legal description of the boundaries of the area proposed to be annexed: (b) A map showing the boundary of the area proposed to be annexed, such map prepared and containing the seal of a registered engineer or land surveyor; (c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is platted, then the boundaries and the plat number of plots or of lots and blocks are shown; (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Ault, and the contiguous boundary of any other municipality abutting the area proposed CO be annexed; (e) The dimensions of the contiguous boundaries are shown on the map. 13. The territory to be annexed is not presently a part of any incorporated city, city and county, or town; 14. The undersigned agree to the following conditions, which shall be covenants running with the land, and which shall, at the option of the Town, appear on the annexation map: (a) Water rights shall be provided pursuant to Town ordinance; (b) The owners shall participate in providing drainage plans and improvements and payment of a unit drainage fee as may be required by the Town for the area; (c) The undersigned hereby waive any and all "vested rights" previously created pursuant to Section 24-68-103, C.R.S., as amended. (d) The undersigned and the Town may enter into a Pre-Annexation Agreement prior to the effective date of this annexation, which agreement shall be additional conditions as effectively as if set forth in this Petition. 15. Petitioner represents that: (Check one) _X No part of the property to be annexed is included within any site-specific development plan approved by Weld County, Colorado. A site-specific development plan has been approved by Weld County, Colorado, which has created a vested right. 16. Annexor has signed a COST AGREEMENT and has paid the appropriate deposit. EXECUTED this �i day of 7/14 c' , 1999. Ric Hansen P.O. Box 158 Timnath, CO 80547 The foregoing Petition For Annexation was subscribed and sworn b fore me this // — " P.C. L'c % day of_ NA7 1999, by Ric Hansen. at:* pTARY• WITNESS my hand and official seal. p U i3 L1C.g` COMMISSION_WIRES 6I81't .`f • 'q;,; ?,:.`� My commission expires: CO OF COQ P „$,,o im/mw," � Notary Public AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Ault, Colorado, consisting of five (5) pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circulator / " (i1 G t4 AT J en STATE OF COLORADO ) ss. COUNTY OF The oregoing Affidavit of Circulator was subseribf,d and sworn to before me this // dayof_ niff y ,A.D., 1912,by 1, c- /"ienr r" WITNESS my hand and official seal. ^ •••••-i•-•,•2 ``,a�' 'JO ,,,� mI HJI.ijl'iiloti;l.lia • i ' 6'. My commission expires: ��'C I l E rl e+•:��' • Notary Public r� (SEAL) • LEGAL DESCRIPTION OF 19.21 ACRE PARCEL • A parcel of land situate in the West half of Section 12, Township 7 North, Range 66 West, of the 6'1 P.M., County of Weld, State of Colorado, being mere particularly described as fei'ows: Considering the East line of the Southwest quarter cf said Section 12, as bearing South 00°25'41" East, and with all bearings contained herein relative thereto: Commencing at the Center quarter corner of said Section 12, thence along said East line of the Southwest quarter of Section 12 South 00°25'41" East 236.76 feet to the Southeast corner of that certain parcel of land as described in Book 698 at Reception fr 1620476, records of said County. said point also being the TRUE POINT OF BEGINNING of this description; thence continuing along said East line. South 00°25'41" East 820.65 feet; thence North 89°07'07" West 853.34 feet to a point on the East line of the East Lake Annexation to the Town of Ault, a plat of record in the office of the Clerk and Recorder of said County; thence along the said East boundary the following three (3) courses and distances; (1) South 88°49'55" West 20.00 feet; (2) North 01°05'29" West 82.59 feet: (3) North 01'23'29" West 957.83 feet to a point on the North line of the Southwest quarter of said Section 12; thence along said North lire, North 89°42'54" East 522.18 feet to the Northwest corner of said parcel of land as described in Book 698 at Pecection No. 1620476; thence long the West and South lines of said parcel the toiiowing two (2) courses and distances: (1) South 00'25'41" West 236.76 feet; (2) North 89°42'54" East 368.00ifeet to the :rue point of beginning. The above described parcel contains '9.21 acres, mere or less, and is subject to ail rights-of-way, easements and restnctions now in Lzse or on record. TOWN OF AULT,COLORADO RESOLUTION NO.99-04 FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR THE HANSEN ANNEXATION TO THE TOWN OF AULT, AND BEING A PORTION OF THE WEST HALF OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P.M.,COUNTY OF WELD,STATE OF COLORADO. 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 Hansen Annexation, 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 AULT, 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 13th day of July, 1999 in the Board meeting room of the Town of Ault,201 First Street,Ault,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 North Weld Herald, 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. PASSED,APPROVED AND ADOPTED this 8`h day of June, 1999. TOWN OF AULT,COLORADO (Seal) By: ATTEST: Charles Hoff,Mayor • Patricia J.Lesh,Town Clerk NOTICE IS HEREBY GIVEN that a Petition for Annexation of territory hereinafter described has been presented to the Town Board of Ault, Colorado and found to be in apparent compliance with the applicable provisions of law and the Town Board has adopted a Resolution to set a public hearing to be held at Ault Town Hall on August 3, 1999, 7:00 p.m., in the Conference Room at 201 First Street in Ault, Colorado to determine if the proposed annexation complies with the applicable requirements of law. The Resolution adopted by the Town Board for such purpose is in words, letters, and figures as follows: TOWN OF AULT,COLORADO RESOLUTION NO.99-04 FINIDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR THE HANSEN ANNEXATION TO THE TOWN OF AULT, AND BEING A PORTION OF THE WEST HALF OF SECTION 12,TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6111 P.M., COUNTY OF WELD,STATE OF COLORADO. 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 Hansen Annexation, 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 AULT, 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 3rd day of August, 1999 in the Board meeting room of the Town of Ault, 201 First Street, Ault, 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 North Weld Herald, 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. PASSED,APPROVED AND ADOPTED this 8'"day of June, 1999. /s/Charles Hoff Charles Hoff, Mayor ATTEST: /s/Patricia J. Lesh Patricia J. Lesh, Town Clerk EXHIBIT"A" LEGAL DESCRIPTION A parcel of land situate in the West half of Section 12, Township 7 North, Range 66 West, of the 6'" P.M., County of Weld, State of Colorado,being more particularly described as follows: Considering the East line of the Southwest quarter of said Section 12, as bearing South 00°25'41" East, and with all bearings contained herein relative thereto: Commencing at the Center quarter corner of said Section 12, thence along said East line of the Southwest quarter of Section 12 South 00°25'41" East 236.76 feet to the Southeast corner of that certain parcel of land as described in Book 698 at Reception #1620476, records of said County, said point also being the TRUE POINT OF BEGINNING of this description; thence continuing along said East line, South 00°25'41" East 820.54 feet; thence North 89°07'07" West 853.34 feet to a point on the East line of the East Lake Annexation to the Town of Ault, a plat of record in the office of the Clerk and Recorder of said County; thence along the said East boundary the following three (3) courses and distances; (1) South 88°49'55"West 20.00 feet, (2) North 01°05'29"West 82.59 feet; (3) North 01°23'29"West 957.83 feet to a point on the North line of the Southwest quarter of said Section 12;thence along said North line, North 89°42'54" /east 522,18 feet to the Northwest corner of said parcel of land as described in Book 698 at Reception No. 1620476;thence along the West and South lines of said parcel the following two (2) courses and distances; (I) South 00°25'41" West 236,76 feet; (2) North 89°42'54" East 368.00 feet to the true point of beginning. The above described parcel contains 19.21 acres, more or less, and is subject to all rights-of-way, easements and restrictions now in use or on record. Published July 8, 15,22, and 29, 1999 in The North Weld Hearld Hello