HomeMy WebLinkAbout962301.tiff NOTICE
NOTICE IS HEREBY GIVEN that a Petition for Annexation of
territory hereinafter described has been presented to the Town
Board of Johnstown, Colorado and found to be in apparent compliance
with the applicable provisions of law and the Town Board has
adopted a Resolution to set a public hearing to be held at 7 :00
p.m. on December 30, 1996 at the Town Hall at 101 Charlotte Street
in Johnstown, Colorado to determine if the proposed annexation
complies with the applicable requirements of law.
The Resolution adopted by the Town Board for such purpose is
in words, letters and figures as follows :
TOWN OF JOHNSTOWN
RESOLUTION NO. 96-13
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR THE HART FARM ANNEXATION
WHEREAS, a written petition, together with five prints of an
annexation map, was heretofore filed with the Town Clerk requesting
the annexation of certain property to be known as the Hart Farm
Annexation, more particularly/described as Situate in the County of
Weld, State of Colorado, to {vit :
See Attached Exhibit A
WHEREAS, the Town Board desires to initiate annexation
proceedings in accordance with the law.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF JOHNSTOWN, COLORADO;
Section 1 . That the Town Board hereby accepts said annexation
petition, finds and determines that the annexation petition and
accompanying map are in substantial compliance with CRS 31-12-107,
and desires 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 30th day of
December, 1996 in the Board meeting room of the Town of Johnstown,
101 Charlotte Street, Johnstown, Colorado, at 7 : 00 P.M.
Section 3 . The Town Clerk shall publish notice of such
hearing once per week for four successive weeks in the Johnstown
Breeze, with the first publication at least thirty (30) days prior
to the date of the hearing. The Town Clerk shall also send a copy
of this resolution and the petition for annexation to the Clerk to
the Board of County Commissioners, the County Attorney and to any
special district or school district within the area proposed to be
/G-1/7//e %'VleLt) 962301
BAH P/ag/94 de: Pt)no) CJ HG) Se;c1`1
annexed.
Passed, Approved and Adopted the 18th day of November, 1996 .
Town of Johnstown
By: s/s Thomas J. Martinez
Mayor
ATTEST
s/s Diana Seele
Town Clerk
EXHIBIT A
Description of territory proposed for annexation:
1 . A tract of land located in the NE 1/4 of Section 10, T4N,
R68W of the 6th P .M. , County of Weld, State of Colorado, Described
as follows :
Commencing at the Northeast Corner of said Section 10, from
which the E1/4 of said Section 10 bears S00 06' 30"E (Basis of
Bearing) ; thence S00 06' 30"E, 970 .44 Feet along the east line of
the NE1/4 of said Section 10 to the True Point of Beginning;
Thence continuing S00 06' 30"E, 583 .70 feet along the east line
of the NE1/4 of said Section 10;
Thence S89 .53 ' 30"W, 250./40 feet to the west right-of-way line
of Interstate Highway No . 25;
Thence N00 06' 30"W, 792 . 00 feet along the west right-of-way
line of said Interstate Highway No . 25 to a point from which the
True Point of Beginning bears S50 18' 25"E;
Thence S50 18' 25"E, 325 .41 feet to the True Point of
Beginning.
Said area consists of 171, 962 square feet (3 . 948 Acres) more
or less .
2 . A tract of land located in the NW1/4 and in the SW1/4 of
Section 11, T4N, R68W of the 6th P.M. , County of Weld, State of
Colorado, described as follows :
Commencing at the northwest corner of said Section 11, from
which the W1/4 corner of said Section 11 bears S00 06 ' 30"E (Basis
of Bearing) ; thence S00 06' 30"E, 970 .44 feet along the west line of
the NW1/4 of said Section 11 to the True Point of Beginning.
Thence continuing S00 06' 30"E, 1694 . 39 feet along the west
line of the NW1/4 of said Section 11 to the W1/4 corner thereof;
Thence S00 06 ' 14"E, 215 .20 feet along the west line of the
SW1/4 of said Section 11;
Thence N89 53 ' 46"E, 50 . 00 feet, as measured at right angles to
the west line of the SW1/4 of said Section 11, to the east right-
of-way line of Interstate Highway No. 25;
Thence N00 06' 14"W, 215 .20 feet along the east right-of-way
line of said Interstate Highway No . 25;
Thence N00 06' 30"W, 1652 . 73 feet along the east right-of-way
line of said Interstate Highway No. 25 to a point from which the
True Point of Beginning bears N50 18' 25"W;
Thence N50 18' 25"W, 65 . 08 feet to the True Point of Beginning.
Said area consists of 94, 438 square feet (2 . 168 acres) more or
less .
3 . A tract of land located in the NE1/4 and in the SE1/4 of
Section 10 and in the NE1/4 of Section 15 , T4N, R68W of the 6th
P .M. , County of Weld, State of Colorado, described as follows;
Commencing at the northeast corner of said Section 10, from
which the E1/4 corner of said section bears S00 06' 30"E (Basis of
Bearing) ; thence SOO 06' 30"E, 1554 . 14 feet along the east line of
the NE1/4 of said Section 10 to the True Point of Beginning.
Thence continuing S00 06' 30"E, 1110 . 69 feet along the east
line of the NE1/4 of said Section 10 the E1/4 corner thereof;
Thence S00 06' 14"E, 2658 . 84 feet along the east line of the
SE1/4 of said Section 10 , to the Southeast Corner thereof;
Thence 00 01' 35 "E, 677 .97 feet along the east line of the
NE1/4 of said Section 15 ;
Thence S89 58' 25"W, 250 . 00 feet, as measured at right angles
to the east line of the NE1/4 of said Section 15, to the west
right-of-way line of Interstate Highway No. 25 ;
The following courses and distances are along the west right-
of-way line of said Interstate Highway No . 25 ;
Thence NO0 01' 35"W, 677 . 80 feet
Thence NO0 06' 14"W, 2626 .63 feet
Thence S89 25' 46"W, 30 .00 feet
Thence NO0 06'43 "W / 60 . 00 feet
Thencd N89 25' 46"EE 30 .00 feet
Thence NO0 06' 30"W, 1082 .71 feet to a point from which
the True Point of Beginning Bears N89 53 ' 30"E;
Thence leaving the west right-of-way line of said Interstate
Highway No. 25, N89 53 ' 30"E, 250 . 00 feet to the True Point of
Beginning.
Said area consists of 1, 113 , 630 square feet (25 .565 acres) ,
more or less .
4 . A tract of land located in the SW1/4 of Section 11, in the
NW1/4 and in the SW1/4 of Section 14, and in the NW1/4 of Section
23 , All in T4N, R68W of the 6th P.M. County of Weld, State of
Colorado, described as follows :
Commencing at the W1/4 corner of said Section 11, from which
the southwest corner of said Section 11 bears S00 06 ' 14"E (Basis of
Bearing) ; thence SOO 06 ' 14"E, 215 .20 feet along the west line of
the SW1/4 of said Section 11 to the True Point of Beginning.
Thence continuing S00 06' 14"E, 2443 . 64 feet along the west
line of the SW1/4 of said Section 11 to the southwest corner
thereof ;
Thence SOO 01' 35 ' E, 2663 . 61 feet along the west line of NW1/4
of said Section 14 to the W1/4 corner thereof;
Thence S00 08' 06 "E, 2643 .28 feet along the west line of the
SW1/4 of said Section 14 to the southwest corner thereof;
Thence S00 12' 07 "E, 1557 . 79 feet along the west line of the
NW1/4 of said Section 23 ;
Thence N89 47' 53 "E, 50 . 00 feet, as measured at right angles to
the west line of the NW1/4 of said Section 23 , to the east right-
of-way line of Interstate Highway No. 25 ;
The following courses and distances are along the east right-
of-way line of said Interstate Highway No. 25 ;
Thence N00 12 ' 07"W, 1557 . 76 feet
Thence N00 08' 06"W, 2643 .21 feet
Thence N00 01' 35"W, 2616 . 16 feet
Thence N82 53 ' 29 "E, 176 . 33 feet
Thence N00 01' 35"W, 28 . 00 feet
Thence N00 06' 14"W, 27 .40 feet
Thence N84 04' 51"W, 175 . 96 feet
Thence N00 06 ' 14"W, 2395 . 74 feet to a point from which
the True Point of Beginning bears S89 53' 46"W;
Thence leaving the east right-of-way line of said Interstate
Highway No. 25 , S89 53 ' 46"W, 50 . 00 feet to the True Point of
Beginning.
Said area consists of 478, 606 square feet (10 .987 acres) more
or less .
5 . A tract of land located in the NE1/4 and in the SE1/4 of
Section 15, in the NE1/4 of Section 22, and in the NW1/4 of Section
23 , all in T4N, R68W of the 6th P.M. , County of Weld, State of
Colorado, described as follows :
Commencing at the northeast corner of said Section 15, from
which the E1/4 corner of said Section 15 bears S00 01' 35E (Basis of
Bearing) ; thence S00 01' 35"E, 677 .97 feet along the east line of
the NE1/4 of said Section 15 ,to the True Point of Beginning;
Thence continuing S00 f51' 35"E, 1985 . 64 feet along the east
line of the NE1/4 of said Section 15 to the E1/4 corner thereof;
Thence S00 08 ' 06"E, 2643 .28 feet along the east line of the
SE1/4 of said Section 15 to the Southeast corner thereof;
Thence S00 12 ' 07"E, 1557 . 79 feet along the east line of the
NE1/4 of said Section 22 ;
Thence N89 47' 53 "E, 50 . 00 feet, as measured at right angles to
the east line of the NE1/4 of said Section 22 , to the east right-
of-way line of Interstate Highway No. 25;
Thence S00 12 ' 07"E, 1072 . 00 feet along the east right-of-way
of said Interstate Highway No. 25 to a point from which the E1/4
corner of said Section 22 bears S89 47' 53"W as measured at right
angles to the east line of the NE1/4 of said Section 22 ;
Thence S89 47 ' 53 "W, 50 . 00 feet to the E1/4 corner of said
Section 22 ;
Thence S88 56 ' 44"W, 2659 . 37 feet along the south line of the
NE1/4 of said Section 22 to the C1/4 corner thereof;
Thence N00 17' 25"W, 2645 .28 feet along the west line of the
NW1/4 of said Section 22 to the N1/4 corner thereof;
Thence N00 01' 12 "W, 31 . 90 feet along the west line of the
SE1/4 of said Section 15 to the north right-of-way line of Colorado
State Highway No. 56;
Thence N89 14' 27"E, 241 .25 feet
Thence N86 31' 48"E, 807 .20 feet
Thence N89 16' 48 "E, 400 .00 feet to a northwesterly corner
along the westerly right-of-way line of said Interstate
Highway No. 25;
The following courses and distances are along the westerly
right-of-way line of said Interstate Highway No . 25 ;
Thence continuing N89 16' 48"E, 350 . 00 feet;
Thence N23 14' 24"E, 1244 . 75 feet;
Thence northerly, 1171 . 81 feet along the arc of a curve
concave to the west, said arc having a radius of 5 , 595 . 00
feet, a central angle of 12 00' 00" , and being subtended
by a chord that bears N05 51' 54"E, 1169 . 67 feet;
Thence NO0 08' 06"W, 271. 50 feet;
Thence NO0 01' 35"W, 1985 . 88 feet to a point from which
the True Point of Beginning bears N89 58 ' 25"E;
Thence leaving the westerly right-of-way line of said
Interstate Highway No. 25, N89 58'25"E, 250 . 00 feet to the True
Point of Beginning.
Said area consists of 8, 852 , 693 square fee (203 .230 acres)
more or less .
6 . A tract of land located in the NE1/4 of Section 22 , T4N,
R68W of the 6th P.M. , County of Weld, State of Colorado, described
as follows :
Commencing at the NE corner of said Section 22 , from which the
N1/4 corner of said Section 22 bears S89 16' 48"W, 2663 .27 feet
(Basis of Bearing) ; Thence S89 16' 48"W, 1215 .40 feet along the
north line of the NE1/4 of said Section 22 to the westerly line of
Interstate Highway No. 25, being the Northwest corner of that tract
of land conveyed to the Department of Highways, State of Colorado,
by Louie Hart and Helen M. H9rt as described in Special Warranty
Deed recorded June 4, 1959 , inn Book 1533 at Page 158 of the Records
of Weld County, Colorado, Thence S00 43 ' 12 "E, 75 . 00 feet along the
westerly line of Interstate Highway No. 25 as described in said
book 1533 at Page 158 to the True Point of Beginning.
Thence N89 16' 48"E, 350 . 00 feet along the westerly line of
Interstate Highway No. 25 as described in said book 1533 at Page
158;
Thence S23 24' 12 "E, 1252 . 00 feet along the westerly line of
Interstate Highway No. 25 as described in said book 1533 at Page
158;
Thence southerly, 1171 . 81 feet along the arc of a curve
concave to the west and along the westerly line of Interstate
Highway No . 25 as described in said book 1533 at page 158, said arc
having a radius of 5595 . 00 feet, a central angle of 12 00 ' 00, and
being subtended by a chord that bears S06 14' 12"E, 1169 . 67 feet :
Thence S00 14 ' 12 "E, feet along the westerly line of Interstate
Highway No . 25 as described in said book 1533 at Page 158 to the
south line of the NE1/4 of said Section 22 ;
Thence S88 56 ' 44"W, 2411 . 02 feet along the south line of the
NE1/4 of said Section 22 to the C1/4 corner thereof;
Thence NO0 17' 25 "W, 2411 . 02 feet along the west line of the
NE1/4 of said Section 22 to south line of State Highway No . 56,
being the southwest corner of that tract of land conveyed to the
Department of Highways, State of Colorado, by Louie Hart, A.K.A.
Louis Hart, and Helen M. Hart as described in Special Warranty Deed
recorded August 27, 1962, in Book 1623 at Page 499 of the Records
of Weld County, Colorado;
Thence N 88 18' 18"E, 1049 . 90 feet along the south line of
State of Highway No. 56 as described in said book 1623 at Page 499;
Thence N89 16' 31"E, 398 . 82 feet along the south line of State
Highway No . 56 as described in said book 1623 at Page 499 to the
True Point of Beginning;
Said area consists of 130 . 857 acres, more or less .
There shall also be a public hearing held before the planning
and zoning commission to consider the zoning of the above described
property. This hearing shall be held on Wednesday, December 18,
1996 at 6 : 00 p.m. at 101 Charlotte Street in Johnstown, Colorado.
Diana Seele
TOWN CLERK
Published in the Johnstown Breeze:
November 27, 1996
December 5, 1996
December 12, 1996
December 19, 1996
PETITION FOR ANNEXATION
To the Town of Johnstown
The undersigned, in accordance with Article 12 , Chapter 31, CRS,
as amended, hereby petition the Town Board of Trustees of the Town
of Johnstown, Colorado for annexation to the Town of Johnstown the
unincorporated territory more particularly described below, to be
known as The Hart Farm Annexation, and in support of said Petition,
your petitioners allege that :
(1) It is desirable and necessary that the following described
territory be annexed to the Town of Johnstown, Colorado;
See Exhibit "A" .
(2) Not less than one-sixth (1/6) of the perimeter of the area
proposed to be annexed is contiguous with the Town of Johnstown,
Colorado.
(3) A community of interest exists between the territory
proposed to be annexed and the Town of Johnstown, Colorado;
(4) 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 Johnstown, Colorado;
(6) The signatures of the Petition comprise one hundred percent
(100%) of the landowners of the territory to be included in the
area proposed to 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 parts 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 ($200, 000) 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 proposed to be annexed comprises .
(10) The area proposed to be annexed is located within Weld
County.
(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 to be platted, then
the contiguous 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
Johnstown, and the contiguous boundary of any other
municipality abutting the area proposed to be annexed;
(e) The dimensions of the contiguous boundaries are shown on
the map.
(f) A proposed drainage plan and a utilities plan.
(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) 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;
(b) The undersigned hereby waive any and all "vested rights"
previously created pursuant to Section 24-68-103, CRS, as
amended.
(c) The undersigned and the Town will enter into a
(c) The undersigned and the Town will enter into a
PreAnnexation Agreement prior to the effective date of
this annexation, which agreement, 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) Sub ted with this Petition is the required annexation
fee of $ I
EXECUTED this IC day of 6 , 1996 .
Martin Oil Marketing, Ltd.
cI, �ho
By: S ephen A. McLaughlin
Authorized Agent
EXHIBIT "A"
LEGAL DESCRIPTION
A tract of land located in the NE 1/4 of Section 22 , T4N, R68W of
the 6th P .M. , County of Weld, State of Colorado, Described as
Follows :
COMMENCING at the NE corner of said Section 22, from which the N
1/4 corner of said Section 22 bears S89*16' 48"W, 2663 .27 Feet
(basis of bearing) ; Thence S89*16' 48"W. 1215 .40 feet along the
north line of the NE 1/4 of said section 22 to the westerly line of
Interstate Highway No. 25, being the Northwest corner of that tract
of land conveyed to the Department of Highways, State of Colorado,
by Louie Hart and Helen M. Hart as described in Special Warranty
Deed recorded June 4, 1959, in Book 1533 at Page 158 of the Records
of Weld County, Colorado, Thence S00*43 ' 12"E, 75 . 00 feet along the
westerly line of interstate Highway No. 25 as described in said
book 1533 at Page 158 to the True Point of Beginning.
Thence N89*16'48"E, 350 .00 feet along the westerly line of
Interstate Highway No . 25 as described in said book 1533 at Page
158 ;
Thence S23*24' 12"E, 1252 .00 feet along the westerly line of
Interstate Highway No. 25 as described in said book 1533 at Page
158;
Thence Southerly, 1171 . 81 feet along the arc of a curve concave to
the west and along the westerly line of Interstate Highway No. 25
as described in said book 1533 at Page 158, said arc having a
radius of 5595 . 00 feet, a central angle of 12*00' 00, and being
subtended by a chord that bears S06*14' 12"E, 1169 . 67 feet :
Thence S00*14' 12"E, feet along the westerly line of Interstate
Highway No. 25 as described in said book 1533 at Page 158 to the
south line of the NE 1/4 of said Section 22 ;
Thence S88*56' 44W, 2411.02 feet along the south line of NE 1/4 of
said Section 22 to the C 1/4 corner thereof ;
Thence N00*17' 25"W, 2411 . 02 feet along the west line of the NE 1/4
of said Section 22 to south line of state Highway No. 56, being the
southwest corner of that tract of land conveyed to the Department
of Highways, State of Colorado, by Louie Hart, A.K.A. Louis Harr,
and Helen M. Hart as described in Special Warranty Deed recorded
August 27, 1962, in Book 1623 at Page 499 of the Records of Weld
County, Colorado;
LEGAL DES RIPTION (CONTINUED)
Thence N88*18' 18"E, 1049 . 90 feet along the south line of State of
Highway No. 56 as described in said book 1623 at Page 499;
Thence N89*16' 31"E, 398 . 82 feet along the south line of State
Highway No. 56 as described in said book 1623 at Page 499 to the
True Point of Beginning;
Area = 130 . 857 acres, more or less .
EXHIBIT. 1
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NE1/4 OF SECTION 10, T4N, R68W OF
THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS
FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 10, FROM WHICH
THE E1/4 OF SAID SECTION 10 BEARS S00*06'30"E (BASIS OF BEARING) ;
THENCE S00*O6' 3O"E, 970 .44 FEET ALONG THE EAST LINE OF THE NE1/4 OF
SAID SECTION 10 TO THE TRUE POINT OF BEGINNING:
THENCE CONTINUING S0C*06'30"E, 583 .70 FEET ALONG THE EAST LINE OF
THE NE1/4 OF SAID SECTION 10'
THENCE S89*53' 30"W, 250.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF
INTERSTATE HIGHWAY NO. 25;
THENCE NOO*06'30"W, 792.00 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF
SAID INTERSTATE HIGHWAY NO. 25 TO A POINT FROM WHICH THE TRUE POINT
OF BEGINNING BEARS S50*18'25"E;
THENCE S50*18'25"E, 325.41 FEET TO THE OTRUE POINT OF BEGINNING.
AREA = 171, 962 SQUARE FEET (3, 948 ACRES) , MORE OR LESS.
EXHIBIT. 2
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NW1/4 AND IN THE SW1/4 OP SECTION
11, T4N, R68W OP THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
THE W1/4 GCORNER THE
OF SAID NORTHWESTCORNER 11 BEARS SECTION
S00*06'30B FROM
(B(BASIS WHICH
OF
BEARING) ; THENCE SOO*06'30E, 970.44 FEET ALONG THE WEST LINE OF THE
NW1/4 OF SAID SECTION 11 TO THE TRUE POINT OF BEGINNING.
THENCE CONTINUING S00*06'30"E, 1694.39 FEET ALONG THE WEST LINE OF
THE NW1/4 OF SAID SECTION 11 TO THE W1/4 CORNER THEREOF:
THENCE SOO*06' 14"E, 215 .20 FEET ALONG THE WEST LINE OP THE SW1/4 OF
SAID SECTION 11;
THENCE N89*53'46"8, 50.00 FEET, AS MEASURED AT RIGHT ANGLES TO THE
WEST LINE OF THE SW1/4 OF SAID SECTION 11, TO THE EAST RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY NO. 25;
THENCE NOO*06' 14"W, 215 .20 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF
SAID INTERSTATE HIGHWAY NO. 25;
THENCE NOO*06'30"W, 1652 .73 FEET ALONG THE EAST RIGHT-OF-WAY LINE
OF SAID INTERSTATE HIGHWAY NP. 25 TO A POINT FROM WHICH THE TRUE
POINT OF BEGINNING BEARS NSO*18'25"W;
THENCE N50*18'25"W, 65.08 FEET TO THE TRUE POINT OF BEGINNING.
AREA : 94, 438 SQUARE FEET (2, 168 ACRES) , MORE OR LESS .
EXHIBIT. 3
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NE1/4 AND IN THE S31/4 OF SECTION 10
AND IN THE NE1/4 OF SECTION 15, T4N, R68W OF THE 6TH P.M. , COUNTY
OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 10, FROM WHICH
THE E (BASIS OF
BEARING) ; CORNER OF SAID SECTION THENCE SOO*06'30"E, 1554 . 14�R '
FEET ALONG THE EAS LINE OF
THE NE1/4 OF SAID SECTION 10 TO THE TRUE POINT OF $EGINtWNG.
THENCE
0
NE1/4 OF SAID SECTION 10 TO THE E1/4 CORNER THEREOF;
LINE OF
THE
THENCE S00*06' 14"E, 2658 .84 FEET ALONG THE EAST LINE OF THE SE1/4
OF SAID SECTION 10 TO THE SOUTHEAST CORNER THEREOF;
THENCE SO0*01' 35"E, 677 .97 FEET ALONG THE EAST LINE OF THE NE1/4 OF
SAID SECTION 15;
THENCE S89*58' 25"W, 250 .00 FEET, AS MEASURED AT RIGHT ANGLES TO THE
EAST LINE OF THE NE1/4 OF SAID SECTION 15, TO THE WEST RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY NO. 25;
THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE WEST RIGHT-OF-WAY
LINE OF SAID INTERSTATE HIGHWAY NO, 25:
THENCE NOO*01' 35"W, 677 .80 FEET
THENCE NOO*06' 14"W, 2626.63 FEET
THENCE S89*25'46"W, 30 .00 FEET
THENCE NOO*06'43"W, 60.00 FEET
THENCE N89*25'46"E, 30.00 FEET
THENCE NOO*06' 30"W, 1082 .71 FEET TO A POINT FROM WHICH THE TRUE
POINT OF BEGINNING BEARS N89*53' 30"E;
THENCE LEAVING THE }WEST RIGHT-OP-WAY
TO THE TRUE SP OF
LINE OF SAID I
TERA
HIGHWAY NO. 25, N89 53' 30 E, 250 .00
BEGINtiTNG
AREA 1, 113, 630 SQUARE FEET (25.565 ACRES) , MORE OR LESS .
EXHIBIT. 4
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SW1/4 OF SECTION 11, IN THE NW1/4
AND IN THE SW1/4 OF SECTION 14, AND IN THE NW1/4 OF SECTION 23, ALL
IN T4N, R68W OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO,
DESCRIBED AS FOLLOWS: OM THE
SOUTHWESTG AT CORNER OF l/4 SAID CORNER
SECT ON S11 BEARID CSION 11,S00*06'14"E (BASIS OF
BEARING) ; THENCE THHESW1/4 OF SAID SSECTION 411E TO 1THE TRUE POINT 5 .20 FEET N OFBEGINNING.G THE WEST LINE OF
THENCE CONTINUING SOO*06'14"E, 2443 .64 FEET ALONG THE WEST LINE OF
THE SW1/4 OF SAID SECTION 11 TO THE SOUTHWEST CORNER THEREOF;
THENCE S0O*01'35E, 2663 .61 FEET ALONG THE WEST LINE OF NW1/4 OF
SAID SECTION 14 TO THE W1/4 CORNER THEREOF;
THENCE S00*08'06"E, 2643.28 FEET ALONG THE WEST LINE OF THE SW1/4
OF SAID SECTION 14 TO THE SOUTHWEST CORNER THEREOF;
THENCE S00*12'07"E, 1557.79 FEET ALONG THE WEST LINE OF THE NW1/4
OF SAID SECTION 23;
THENCE N89*47'53"E, 50.00 FEET, AS MEASURED AT RIGHT ANGLES TO THE
WEST LINE OF THE NW1/4 OF SAID SECTION 23, TO THE EAST RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY NO. 25;
THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE EAST RIGHT-OF-WAY
LINE OF SAID INTERSTATE HIGHWAY NO. 25 :
THENCE NOO*12' 07"W, 1557 .76 FEET
THENCE NOO*08106"W, 2643 .21 FEET
THENCE NOO*01' 35"W, 2616 .16 FEET
THENCE N82*53' 29"E, 176 .33 FEET
THENCE N0O*01' 35"W, 28.00 FEET
THENCE NCO*06'14"W, 27 .40 FEET
THENCE N84*04' 51"W, 175 .96 FEET
THENCE NOO*06' 14"W, 2395.74 FEET TO A POINT FROM WHICH THE TRUE
POINT OF BEGINNING BEARS S89*53'46"W;
THENCE HIGHWAY LEAVING
25, THE
S89 53 46RW, 50 .00 AFEET LINE
TO OTHE SAID
TRUEINTERSTATE
POINT OF
BEGINNING.
AREA = 478,606 SQUARE FEET (10 . 987 ACRES) , MORE OR LESS.
EXHIBIT. 5
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NE1/4 AND IN THE SE1/4 OF SECTION
15, IN THE NE1/4 OF IN T4N? R68W OF THES6THION 22, AND IN THE SECTION
P.M. , COUNTY OP WELD, STATE OFCOLORADO,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 15, FROM WHICH
THE 81/4 CORNER OF BEARING) ; THENCE S00*S01'D SECTION 15 BEARS SOO*01135E (BASIS35"E, 677 .97 FEET ALONG THE EAST LINE OF
THE NE1/4 OF SAID SECTION 15 TO THE TRUE POINT OF BEGINNING.
THETHENNE1/4 OF SAID 1E
SECTION 15 TO THE E1/4 CORNER THEREOF;, 1985 .64 FEET ALONG THE LINE OF
THENCE S00*08' 06"E, 2643 .28 FEET ALONG THE EAST LINE OF THE SE1/4
OF SAID SECTION 15 TO THE SOUTHEAST CORNER THEREOF;
THENCE S00*121O7"E, 1557 .79 FEET ALONG THE EAST LINE OF THE NE1/4
OF SAID SECTION 22;THEN D AT ANGLES TO THE
EASTCLINE9OF7THE1NE1/4 OF SAID SECT ONN 222,,E RIGHT
TO THEE RIGHT-OF-WAY
LINE OF INTERSTATE HIGHWAY NO. 25;
THENCE
INTERSTATE71E, 1072.00 HIGHWAY NO. FEETONG THE
POINT FROM RIGHT-OF-WAY
WHICH O�AE1/4
ANGCORNER OF LES SECTION 22 BEARS S89*47' 53"W AS MEASURED AT RIGHT
EAST LINE OF THE NE1/4 OF SAID SECTION 22;
AN S TO THE
THENCE S89*47'53"W, 50 .00 FEET TO THE E1/4 CORNER OF SAID SECTION
22;
THENCE S88*56' 44"W, 2659.37 FEET ALONG THE SOUTH LINE OF THE NE1/4
OF SAID SECTION 22 TO THE C1/4 CORNER THEREOF;
THENCE
N562 FEET
ALONG WEST LINE OP THE NW1/4
OF SAID SECTION 22 T0 THE N1/4 CORNER THEREOF;
SAID C T WEST LINE
SECTION 15 TO THE NORTHRIGHT-OF-W Y LINE OF COLORADO
RADO STATE
HIGHWAY NO. 56;
THENCE N89*14' 27"E, 241 . 25 FEET
THENCE N86*31'48"E, 807 .20 FEET
ESTERLY CORNER THENCE WESTERLY
6 R_RICHT-OF WAY LINE OF SAID INTERSTATE HIIGHWAYAIO.
25;
EXHIBIT. 5
LEGAL DESCRIPTION (CONTINUED)
THE FOLLOWING COURSES AND DISTANCES ARE ALONG THE WESTERLY RIGHT-
OF-WAY LINE OF SAID INTERSTATE HIGHWAY NO. 25;
THENCE CONTINUING N89*16'48"E, 350 .00 FEET;
THENCE N23*14'24"B, 1244 .75 FEET;
THENCE NORTHERLY, 1171.81 FEET ALONG THE ARC OF A CURVE CONCAVE
TO THE WEST, SAID ARC HAVING A RADIUS OF 5,595 .00 FEET, A
CENTRAL ANGLE OF 12*00'00", AND BEING SUBTENDED BY A CHORD THAT
BEARS NO5*51'54"E, 1169. 67 FEET;
THENCE N00*08'06"W, 271.50 FEET;
THENCE N00*01'35"W, 1985.88 FEET TO A POINT FROM WHICH THE TRUE
POINT OF BEGINNING BEARS N89*58'25"E;
THENCE LEAVING THE WESTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE
HIGHWAY NO. 25, N89*58'25"E, 250.00 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 8, 852, 693 SQUARE FEET (203, 230 ACRES) , MORE OR LESS.
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IMPACT REPORT HART FARM
ANNEXATION
The proposed Hart Farm Annexation contains about 130 acres,
49 acres of which is planned for commercial use and 71 acres of
residential property. The Development is located at the southwest
corner of the intersection of I-25 and State Highway 56 . (The
property) .
This report is provided as required by State Statute and
contains information on the impact the proposed development may
have on the current infrastructure and financial condition of the
Town of Johnstown.
WATER
The water for the development will be obtained from the Town
of Johnstown through the Little Thompson Water District . The town
and the Little Thompson Water District are working on an Inter-
Governmental Agreement that will provide for water supplies to
specified areas that are annexed to the Town at this time and
planned to be annexed in the future . The Town of Johnstown' s water
system will not be impacted by the development . The current Town
of Johnstown water lines end approximately one-half mile east of
Interstate 25 on State Highway 60 .
SEWER
The proposed development will utilize an on site "package"
sewer system treatment facility. At the present time a pressure
sewer system is proposed which will feature individual grinder
pressure pumps at each building site . The treatment plant will be
constructed to handle the proposed development . The Town of
Johnstown will be asked to provide on going maintenance and
operation of the system but otherwise the town sewer system will
not be impacted. Attached to this report is a map showing the
Town' s existing sewer system in relation to the property. The Town
may require the owner of the property to tap on the Johnstown
system at such time as the system reaches the property.
STORM DRAINAGE
The developer has yet to complete a full storm drainage study
so at this time it is uncertain how storm run off will be handled.
However, the developer will comply with the Town ordinance relating
to storm drainage and will provide the appropriate methods for
storm drainage detention. A development agreement will be entered
into between the Town and developer which will require the
developer to provide an adequate storm draining system.
Page 2
Impact Report
Hart Farm Annexation
OPEN SPACE
The developer will provide the open space required under the
Town' s ordinance as well as any improvements necessary for use of
the open space by the developments residents . The developments
home owner association will maintain the open space . The Town will
have no impact with respect to open space. The Town' s open space
requirements are 3 , 000 square feet of open space for every SFI
dwelling unit . The proposed development includes 80 dwelling units
which will require 5 . 5 acres of open space in the development . The
developer proposes to provide 7 . 7 acres of open space in the
development .
STREETS
The proposed development will add approximately one mile of
additional roads . The Town will be required to maintain the
additional roads, although it should be noted the town will receive
an increase in the Highway User Tax Fund based on the increase in
the roads . The attached plat shows the proposed street plan which
utilizes an exit on to the State Highway 56 at the northwest corner
of the property. Streets will be paved with 28 feet width with a
4 foot shoulder on each side with a ditch section.
PROPERTY AND SALES TAX
The attached plat shows the amount of acreage in residential
and commercial use . At this time the financial impact to the Town
on account of the proposed commercial use is unknown but would
likely be those types included in the Gateway Commercial District .
The types of business that might occupy the commercial areas is
unknown. The residential area will be built and occupied by single
family homes selling in the $150, 000 to $250, 000 price range . This
will be a bedroom community with most residents working in the Fort
Collins/Longmont areas .
SCHOOLS
The Johnstown School District has indicated the proposed
residential use will generate an estimated 90 additional pupils at
a cost of $1, 000 per pupil . However, the school district has
stated it does not believe there will be any adverse impact on the
district on account of the development and no school expansion will
be necessary. Attached is a map showing the current boundaries of
the Johnstown School District . Age level of students will fall
equally in the elementary and post elementary ages .
Page 3
Impact Report
Hart Farm Annexation
POLICE PROTECTION
The Town intends to provide police protection to the property
at present by utilizing the present police capability which can
provide protection at an adequate level for the need in the near
term. Additional parcels in the immediate area are anticipated to
be annexed to the Town in the future . It is planned to provide a
substation type police facility in this area as the need for
additional police protection is deemed necessary.
FIRE PROTECTION
Fire protection will be provided by the Berthoud Fire
Protection District . The district will be provided development
plans and will have the opportunity to comment on fire protection.
RECREATION AND PARK
The Hart Annexation area is totally within the Thompson Rivers
Park and Recreation District . A copy of the district map and
Statement of Intent are enclosed for additional information
regarding their activities .
Provisions for park land and improvements to the dedicated
park land will be provided for in the development agreement .
Utilization of the flood plain for open space and recreational
uses will be maximized as development plans are formulated.
FINANCING MUNICIPAL SERVICES
All municipal services and required infrastructures will be
furnished by the developer. Impact upon the Town financially will
come after the acceptance of these facilities by the Town and will
be financed by tap fees and service charges .
t l
' / Part II - (g) ( I and II )
THOMPSON RIVERS PARR AND RECREATION DISTRICT
STATEMENT OF INTENT
The Towns of Johnstown and Milliken and the Weld County School
District Re-5J agree to these common goals in the formation of
local park and recreation district:
1. To maximize the use of the existing local parks and recreation
facilities and equipment for the benefit of the community at
large, by cooperation in scheduling, and use of such facilities.
2 . To work cooperatively to develop new facilities and programs
as the population and needs of the community grow.
3 . To keep operating, maintenance, and equipment costs to a
minimum for the benefit of the taxpayers and users.
4. To create new opportunities for employment in the local
community through park and recreation programs.
5 . To improve the overall quality of life in the community
through the promotion of health, education, leisure activities,
open spaces and neighborhood beautification.
IN WITNESS WHEREOF the parties hereto have executed this Statement
Of Intent.
TOWN OF MILLIKEN
DATE: al.. ,231993 By:
as Mayox
TOWN OF JOHNSTOWN
DATE: 4,3//Q9,:g By:al
z. &Q .Q/
Mayor
SCHOOL DISTRICT Re-5J BOARD OF EDUCATION
DATE: 1,� . 23, 1973 BY: dn'1 rnr..\ �
Chairman of Board G}-
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APPLICATION FOR ZONING
Name and Mailing Address of All Landowners:
Contact Person: Stephen McLaughlin, Martin Oil
Telephone: (303) 430-1547 (303) 430 1815 Fax
Legal Description: NE 1/4 Section 22 4n R68w
Action Requested: Annexation and Zoning of Property for
Residential/Commercial mixed use
Statement Supporting Request: The proposal for Commercial use will
provide the Town of Johnstown with a commercial tax base and will
provide commercial use at an important interchange. The residential
use will provide Johnstown with affordable housing through by
providing manufactured homes but in a rural setting.
Proposed Land Use: (Give complete detail for determination of
impact on city services, drainage and other information as may
apply)
71 acres of Residential housing on . 75 acre lots allowing
manufactured housing. Commercial sites on approximately 49 acres .
We propose to utilize a self contained sewer system. Water to be
obtained from Little Thompson Water District . Electric service to
be provided by Poudre Valley Electric Impact on City services will
be limited to police and fire protection.
Date: 1410/46
Signature of Applicant (s) :
(Note: If the property is subject to a contract for sale and
purchase, this application shall be signed by contract purchasers
in addition to current property owners . Additional information may
be required for administrative review. Please refer to the Town
Zoning Regulations for further information. )
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n. 59
ANNEXATION AGREEMENT
CLER
1C) Ti rH..T ANNEXATION
This agreement made and entered into this day of
, 19 , by and between
hereinafter referred to as "ANNEXOR" , and the TOWN OF JOHNSTOWN, a
Municipal Corporation hereinafter referred to as "TOWN" .
WHEREAS, ANNEXOR is the owner of property described in exhibit
"A" , attached hereto the "property" , and has filed a petition to
annex the property to the TOWN; and whereas the parties mutually
agree that the annexation of the property to the TOWN shall not
create any additional costs or impose additional burden on existing
residents of the TOWN to provide public facilities and services to
the property after annexation.
In consideration of the foregoing premises and the covenants,
promises and agreements of each of the parties hereto, to be kept
and performed by each of them, it is agreed:
ZONING
The proposed annexation contains nearly 128 acres, and it is
intended by both parties that the area will be developed as 49
acres of commercial use and 71 acres of residential use under the
requirements of Town municipal code. The maximum number of
dwelling units shall be 80 units. Open space of 8 acres is also
provided which meets the requirement of the Town Municipal Code.
STREETS
The proposed annexation will include all of State Highway 56
right-of-way from the Northwest property line of the proposed
annexation to the intersection of Interstate 25. The highways will
continue to be maintained by the State of Colorado.
DRAINAGE
A drainage study of the entire approximately 130 acre parcel
will be provided by the ANNEXOR. Improvements recommended by such
study shall be completed at the time of completion of each phase of
development. The park area required to be dedicated to the TOWN,
pursuant to the TOWN'S subdivision regulations, may also
incorporate a drainage pond. All storm drainage improvements will
be approved and inspected by the Town Engineer and built in
accordance to the TOWN' S building and construction standards.
ANNEXOR will provide all rights-of-way, drainage studies, park and
detention pond areas, and the storm drainage collection system.
Drainage fees that are the responsibility of the developer shall be
paid prior to recording of the subdivision plat. Drainage fees
that are the responsibility of the home owner shall be paid at the
time of the issuance of a building permit for each home to be
constructed.
WATER
It is expected that water will be obtained by the Town from
the Little Thompson Water District. ANNEXOR shall be responsible
for the total cost of construction and placement of all new water
mains to ANNEXOR' S property and within the development itself.
Such water mains must be sized and built to the TOWN' S construction
standards.
SEWER
The proposed development will utilize an on site "package"
sewer system treatment facility. At the present time a pressure
sewer system is proposed which will feature individual grinder
pressure pumps at each building site. The treatment plant will be
constructed to handle the proposed development. The Town of
Johnstown will provide on going maintenance and operation of the
system. At such time as the Town's sewer mains reaches this
property, the system may be required to tap on to such main.
PUBLIC LAND DEDICATION
ANNEXOR will dedicate, as provided by municipal code, the
number of acres by the Town for park and drainage purposes. The
location and development costs for this park will be determined on
approval of the final plat and development agreement.
The developer will provide the open space required under the
TOWN'S ordinance as well as any improvements necessary for use of
the open space by the developments residents. The development's
home owner association will maintain the open space. The Town will
have no impact with respect to open space. The Town's open space
requirements are 3 , 000 square feet of open space for every SFI
dwelling unit. The proposed development includes 80 dwelling units
which will require 5.5 acres of open space. The developer proposes
to provide approximately 8 acres of open space in the development.
The Hart Annexation area is totally within the Thompson Rivers
Park and Recreation District.
Provisions for park land and improvements to the dedicated
park land will be provided for in the development agreement.
Utilization of the flood plain for open space and recreational
uses will be maximized as development plans are formulated.
GENERAL PROVISIONS
This agreement shall be recorded with the Clerk and Recorder
of Weld County Colorado, shall run with the land, and shall be
binding upon and inure to the benefit of the heirs, successors and
assignees to the parties hereto. ANNEXOR shall notify the TOWN of
assignments and the name of the assignee.
Nothing contained in this agreement shall constitute or be
interpreted as a repeal of existing codes, ordinances or as a
waiver of the TOWN' S legislative, governmental or police powers to
promote and protect the health, safety, and general welfare of the
TOWN or its inhabitants; nor shall this agreement prohibit the
enactment by the Town of any fee which is of uniform or general
application.
No right or remedy of disconnection of the described property
from the TOWN shall accrue with this agreement, other than that
provided under Colorado Revised Statutes. In the event the
property, or any portion thereof, is disconnected at the ANNEXOR'S
request, the TOWN shall have no obligation to serve the
disconnected property and this agreement shall be void and of no
further force and effect as to such property.
It is understood and agreed by the parties hereto, that if any
part, term, or provision of this agreement is by the courts
determined to be illegal or in conflict with any law of the State
of Colorado, the validity of the remaining portions or provisions
shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the agreement did not
contain that particular part, term, or provision held to be
invalid.
This agreement comprises the whole agreement of the parties.
There are no promises, terms, conditions, or obligations other than
those contained herein and under the ordinances of the Town of
Johnstown; this agreement shall supersede all previous
communications, representations, or agreements, either verbal or
written, between the parties hereto. There shall be no
modification of this agreement except in writing, executed with the
same formalities as this agreement may be enforced in any court of
competent jurisdiction.
IN WITNESS WHEREOF, the parties hereto have caused their duly
authorized officials to place their hands and seals upon this
agreement dated the year first above.
TOWN OF JOHNSTOWN, COLORADO
By: Mayor
ATTEST:
Town Clerk
ANNEXOR:
By:
Date:
Hello