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Home My WebLink About972102.tiffAugust 22, 1997 Page 2 Frederick Area Fire Protection District P.O. Box 129 Frederick, CO 80530 Carbon Valley Recreational District 555 8th P.O Box 119 Frederick, CO 80530 Certified Mail No. P 075 759 762 Certified Mail No. P 075 759 302 Re: Johnson Farms Annexation to the Town of Frederick To Whom It May Concern: IN COMPLIANCE WITH THE PROVISIONS OF SECTION 31-12-108(2) C.R.S., please find enclosed a copy of the published Notice, together with copies of the Resolution and Petition, concerning the annexation to the Town of Frederick of territory therein described. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners of the County, the County Attorney and to each Special District or School District having territory within the area to be annexed. KNB:mde cc: Town of Frederick Enclosures Pea ettheirei ®n42 -7/y; Very truly yours, Kristin Nordeck Brown C ; P j" J tit; 0-1j So, c.1 972102 Richard E. Samson Kristin Nordeck Brown, r Scott J. Srluih; Alan D. Carlson The Law Offices of SAMSON & BROWN A Professional Corporation 515 Kimbark Street, Suite 105 P.O. Box 1079 Longmont, Colorado 80502 Telephone (303) 776-1169 Of Counsel _ Facsimile (303) 776-5444 Clerk of the Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Bruce T. Barker Weld County Attorney P.O. Box 1948 Greeley, CO 80632 St. Vrain Sanitation District 515 Kimbark Street Longmont, CO 80501 St. Vrain Valley School District 395 S. Pratt Parkway Longmont, CO 80501 Northern Colorado Water Conservancy District P.O. Box 679 Loveland, CO 80539 Central Weld County Water District 2235 2nd Avenue Greeley, CO 80631 Left Hand Water District P.O. Box 210 Niwot, CO 80544 Tri-Area Ambulance District P.O. Box 708 Frederick, CO 80530 August 22, 1997 Certified Mail No. Z 385 248 763 Certified Mail No. Z 385 248 764 Certified Mail No. Z 339 952 899 Certified Mail No. P 075 759 763 Certified Mail No. P 075 759 304 Certified Mail No. Z 339 952 900 Certified Mail No. P 075 759 303 Certified Mail No. P 075 759 308 972192 NOTCE OF PUBIC NEARING NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Frederick, Colorado has adopted a Resolution Initiating annexation proceedings for the Johnson Forms Annexation. said Annexation being more particularly described in the following Resolution. The Board of Trustees of the Town of jrederlck wit hold a Pubic Hearing commencing at 7:30 o'clock p.m.. Thursday, September 25. 1997, at the Town of Frederick Municipal Buidkp, 3335th StreetFrederlck Colorado 80530 forth. purpose of determining whether the property proposed to be annexed mean the appicaKe requirements of the statutes of the Mate of Colorado and 4 eligible for annexation to me Town of Frederick and to detrnene the zoning p of the proposed annexation. The zoning requested is P.U.D. - Dated this 14th day of August, 1997. TOWN OF FREDERICK, COLORADO SG. Kasen briowsit Town COM B90LU110N MO. 974-23 WHEREAS. a petition for ar.eban of certain property ha been lied wNn r the bad of Trustees of the Tan of Frednbk and WHEREAS, the Board or Thdees has I reviewed the peNbrn: and WHEREAS. the Bead of Trustees wishes to permit simultaneous consideration of tie egx't property for annexation and lot zoning. If ter#leded In the peRBattG ad Wheless the Board of TUOeee has reviewed me petition ad desires to adoptbyResdulbnaanospsnregad to the pelilonc NOW. THEREFORE BE IT RESOLVED IV THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK. COLORADO. A3 FOLLOWS: 4 1. The petitions. whose legal dssc4pbrnaolroehedheresoasEPR l Aand Flmryaaledbyreference herein ore in nrbdmlla cornpiance with the applicable laws of the State at Colorado. 2 NoelectioneregrwedunderCR2. F I31-12-107(2). 3.Noodallondtesmsandcondlibms ore to be Imposed except Iles provided fah the petitions. 4. The Board of Trustees we hold a pubic healing for the purpose of deternwepUthepropordaaresobn ample' with C.R.S. 531-12-104 cod zoning t esubjectproperlyIegreded in the petition. at the Frederick Town Hal. Fmdelct Colorado 30594 at the Mowing the cad date:. Thursday, September 25, 1997 at 7:30 5. Any person may appeal at such hearing and present evidence Waite to me proposed annexation or the Proposed zonkp. 6. Upon completion of the heaving. the Board of Trustees via set tam, by reonllon, Its tWrps and conclusions with reference to the elgbsry of the Proposed annexallon. ad wheterlhe statutory requiramennfathe proposed anxalcnheyebeen met andl lw. wB detnmfe the appapbte zoning at the subject property K requested n the petition. 7.Kihe BoarclotTrusteesconcludes. by resolution, that all statutory requirements have been met and that the proposed annexation is proper s der the rows of the Stale of Colorfl the Board of Trustees shall pas an ordinance annexing the subject property to the Town of Roderick. and shall pa an ordinance zoning the lubpct properly B requested in the peBBon. UORODUCED. READ, SIGNED AND APPROVED THIS 14TH DAY OF AUGUST. 1997. TOWN OF FREDERICK By: Edward J. Tapente. Maya ATTEST: Karen Borkowski. Town Clerk BMW A The Southeast Quarter of Section 13. Township 2 Norm. Rage 60 MIMICS the 6TH P.M.. Canty of Well Slate of Corrado Punished in the Fame' a Mier Augah 24 27. Septembr 3.10. 1997. 972102 By NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Frederick, Colorado has adopted a Resolution initiating annexation proceedings for the Johnson Farms Annexation, said Annexation being more particularly described in the following Resolution. The Board of Trustees of the Town of Frederick will hold a Public Hearing commencing at 7:30 o'clock p.m., Thursday, September 25, 1997, at the Town of Frederick Municipal Building, 333 5th Street, Frederick, Colorado 80530 for the purpose of determining whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Frederick and to determine the zoning of the proposed annexation. The zoning requested is P.U.D. Dated this 14th day of August, 1997. TOWN OF FREDERICK, COLORADO 2(c,',21 „Y :_ aren Borkowski, Town Clerk Publication Dates: 8/20/97, 8/27/97, 9/3/97, and 9/10/97. 972102 RESOLUTION NO. 97-R-27 WHEREAS, a petition for annexation of certain property has been filed with the Board of Trustees of the Town of Frederick; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petitions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS: 1. The petitions, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, are in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. §31-12-107(2). 3. No additional terms and conditions are to be imposed except those provided for in the petitions. 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and zoning the subject property if requested in the petition, at the Frederick Town Hall, Frederick, Colorado 80530, at the following time and date: Thursday, September 25, 1997 at 7:30 P.M. 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass an ordinance annexing the subject property to the Town of Frederick, and shall pass an ordinance zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED THIS 14TH DAY OF AUGUST, 1997. TOWN OF FREDERICK ByLt</ruuJC Al fE T: /v/1PA/ c7) aren Borkowski, Town Clerk 972102 Edward J. Tate, llyor EXHIBIT A The Southeast Quarter of Section 13, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado 972102 character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. 7. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 8. Accompanying this petition are four copies of an annexation map containing the information following: 8.1 A written legal description of the boundaries of the area proposed to be annexed; 8.2 A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; 8.3 Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; 8.4 Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as of the January 1 next ensuing. Zoning: Petitioner requests that said territory be zoned P.U.D. It is anticipated that this property will be used for Residential purposes under the Town's Zoning Ordinance. Fees: A nonrefundable fee of $500.00 shall accompany the petition. Additional costs covering publication, attorney's fees, engineer's fees, recording fees and any other reasonable expenses by the Town shall be itemized by the Town Clerk and paid by the petitioner before approval of the annexation. Petitioner hereby respectfully requests the Town of Frederick approve the annexation. Johnson Farms Meredith O. Johnson Trust First National Bank - Longmont, Trustee P.O. Box 1159 Longmont, CO 80502-1159 VAGBLGADATAACLIENTSW\FANEA\FANEXJOHUNNEXATION PETITIONJOH. DOC 07/23/979=1O2 DATED: 7 /22 741 PETITIONER: By First National Bank - Longmont Trustee of the Meredith O. Johnson Trust Legal Description of Property Owned: The Southeast Quarter of Section 13, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado GACLIENTS\FFANEX\FANEX-JOMANNEXATION PETITIONJOH.DOC 07/24/97 0:28 AM - KBF 972102 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) KHILEEN B. FLYNN , being first duly sworn upon oath, deposes and says the he was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of 4 pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. Subscribed and sworn to before me this l'Aleez) . f y.+ 4 Witness my hand and official seal. My commission expires: 22nd day of fJo /949 is July , 1997 by 972102 G: CLIEN S1RFANE%1FANEXJOMANNEXATION PETITION-JOM.OOC 0711797137 PM - KBF NORTHERN COLORADO WATER CONSERVANCY DISTRICT P.O. Box 679 Loveland, Colorado 80539-0679 1250 North Wilson Loveland, Colorado 80537 Phone (970) 667-2437 FAX (970) 663-6907 mow. DIRECTORS BOULDER COUNTY a Remora Jaya La W(Biuu Ruth Wright LUUMER COUNTY Mike Applegate Wiliam H. Brous Marjorie A. Knievel WELD COUNTY Wilkes E. Bolderder Kenton Brunner Jerry Winters WASHINGTON AND MORGAN COUNTIES E. L Conan LOGAN COUNTY William Cordon SEDGWICK COUNTY Cemgelenik DIRECTOR EMERITUS IV D Fur OFFICERS Wi li m E. Ibldoan, Resident E. L. Canna, Vice Pendent Eric W Wilkinson, Secretary dull D. Timhe/man, Treasumr Chief Engineer LEGAL COUNSEL Tout & Raley, P.C. 1775 Sherman Street Suite 1300 Denver. Colorado 80203 CONSULTANT J. R. Barkley June 18, 1997 Mr. Cameron A. Grant Grant, Bernard, Lyons & Gaddis Attorneys -at -Law P. O. Box 978 Longmont, CO 80502 Dear Mr. Grant: In response to your letter dated June 17, 1997, the parcel of land owned by Trout/Stratton/Hobbs located in the SWT/4 of Section 13, Township 2 North, Range 68 West is located within the boundaries of the Northern Colorado Water Conservancy District. Yours very truly, Marilyn L. Conley Head, Allotment Contracts Department MC 972102 CENTRAL WELD COUNTY WATER DISTRICT July 2, 1997 Cameron A. Grant Grant, Bernard, Lyons & Gaddes P.O. Box 978 Longmont, CO 80502-0978 RE: Petition For Annexation to Town of Frederick Trout/Stratton/Hobbs Dear Mr. Grant: In response to your letter of June 17, 1997, we have determined that the referenced property located in the S% of Section 13, Township 2 North, Range 68 West, Weld County is within the service area of the Central Weld County Water District. In regards to service issues, the property owners may be required to make additional improvements to the District's system based on specific future water requirements of the property. This issue and others water service issues that may arisecan be addressed after the annexation. If you have any questions regarding the above or the enclosed, please advise. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J. L. Walter Staff Engineer JLW/ca 972192 2235 2nd Avenue Greeley, Colorado 80631 • (970) 352-1284 • John W. Zadel, General Manager LEFT HAND WATER DISTRICT June 24, 1997 Cameron A. Grant Grant, Bernard, Lyons & Gaddis P.O. Box 978 Longmont, CO 80502-0978 Dear Mr. Cameron: In reference to your petition for annexation to the Town of Frederick: Trout/Stratton/Hobbs, this property is not within our service area. Sincerely, Lynn Fairchild Administrative Assistant 972102 P.O. Box 210 • Niwot CO. 80544 • (303) 530-4200 . Fax (303) 530-5252 eSt. (Main SSanitation 1�«.tzi.et (cSaint cSan) gerepLne - (303) 776-9570 June 19, 1997 Mr. Cameron A. Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street, Suite 200 Longmont, Colorado 80501 Re: Trout/Stratton/Hobbs, Petition for Annexation to Town of Frederick Dear Mr. Grant: 515-7\12Gatn Se., atilt 109 lon9mone, CD 50501 The Trout/Stratton/Hobbs property located SW 1/4, Section 13, Township 2 North, Range 68 West, is within the St. Vrain Sanitation District service area. The property lies approximately 1/2 mile east of the District's Godding Hollow trunk line and can be readily served. The property covered by this petition is not presently within the District; it must petition for inclusion as a prerequisite for service. All wastewater service issues should be addressed in the site planning phase —after annexation, Very truly yours, ST. VRAIN SANITATION DISTRICT By laCtc„,„ L. D. Lawson, P.E. Manager LDL:mcj 972102 gze1ezich o/rea , f i ee Protection fbia trict 31 WALNUT DR. - P.O. BOX 129 - FREDERICK, COLORADO 80530 Emergency 911 Business: 833-2742 June 23, 1997 Grant, Bernard, Lyons & Gaddis Cameron A. Grant 515 Kimbark Street P. O. Box 978 Longmont, Colorado 80502-0978 Reference: Petition for Annexation Trout/Stratton/Hobbs SW 1/4 of Section 13, Township 2 North, Range 68 West in the County of Weld Dear Ms. Grant; The Fire District has reviewed your request for annexation and has found the above described property is within the Frederick Area Fire Protection District. The fire district provides service to the above property. The Fire District requires that we review all final plats for proper fire service requirements. If you have any questions, please call me at 303-833-2742. Thank You & God Bless Sincerely; Domenic A. Chioda Fire Chief 972102 94 Carbon Valley Recreation District P.O. Box 119 701 5°1 Street Frederick, Colorado 80530 (303) 833-3660 Fax ext. 21 June 18, 1997 Grant, Bernard, Lyons & Gaddis P.O. Box 978 515 Kimbark Street Longmont, Colorado 80504 Dear Cameron A. Grant The Carbon Valley Recreation District has received notice regarding the Trout/Stratton/Hobbs, petition for annexation into the Town of Frederick The proposed area is quite large. Is all of this land going to be developed? The Trout/Stratton/Hobbs (SW % S13) is currently within the Carbon Valley Recreation taxing district By agreement with the Town of Frederick this particular plot should be petitioned to be induded into the Carbon Valley Recreation District, if not already so. The concern the recreation district has is with all recent Tri-Area annexations (including all three communities) and developments stemming from such annexations, the district already faces a growing problem of lack of ballfields and other recreational facilities located within district Granted, this particular annexation is to be zoned businessfindustrial, but does business developments lead to an increase in residential developments for the area? The Carbon Valley Recreation Districts believes this to be true. Currently all three communities have one ballfield each that the recreation district uses for programs'"and activities. The problem is that all three parks are spread out, one in each town. This makes it extremely difficult and quite costly for the district to groan and maintain on a daily basis. The need for a multi -field complex to be developed, or plans to develop one is present Our programs and activities have grown tremendously over the past five years. We have over 350 youth ball players participating this summer, which sets an all time high for the recreation district. Teams have very limited practice times and places to practice as it is now. The annexations and developments taking place throughout the Tri-Towns are only going to make a tight situation tighter. Soon the recreation district will have no choice but to turn away children from participating in CVREC athletics, activities and programs due to lack of facilities but plenty of people and businesses. The Carbon Valley Recreation District strongly feels that the proposed area to be annexed falls under the districts' service area. We currently have participants that reside in locations much farther in distance than this particular section of land listed. CVREC is requesting that 100% of the petitioning annexation be induded into the Carbon Valley Park and Recreation District if not already so. The district is also requesting some type of recreational facilities to be planned as a result of development Anything is better then nothing. Right now, the Tri-Town area has next to nothing with all development occurring! Please take this into consideration. If you wish to contact me, feel free to do so anytime throughout the week M — F during the day at the recreation center @ 833-3660 ext. 11. I hope to hear from you to get your opinion. Thank you for your time. Sincerely, L.--A11--- Randall S. Dufour General Manager 972102 St. Vrain Valley School District RE -1J June 23, 1997 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-4978 • FAX 303-682-7343 Mr. Cameron A. Grant Grant, Bernard, Lyons and Gaddis 515 Kimbark Street Longmont, Colorado 80501 RE: Trout/i tratton/Hobbs annexation to the Town of Frederick (SW 1/4 of Sec. 13, T2N, R68W) Dear Mr. rant: Thank you for referring the Trout/Stratton/Hobbs annexation to the Town of Frederick (SW 1/4 of Sec. 13, T2N, R68W) to the School District. Without information on the number and type of dwelling units, the student yield cannot be calculated. Please forward this information as soon as it is available. Students living in this area would attend Frederick Elementary School and Frederick Middle/Senior High School under the present school boundaries. However, due to potential growth in these schools, this development and other existing developments in this feeder could be placed in another attendance area in the future. Bus transportation would be required. THIS PROPOSED DEVELOP. 1995-97 DEVELOPMENT PROPOSALS* Building Oct. 96 Student Projected Over Total # of Total Cum. Over Cap W/ Cava citYEnrollment Impact Enrollment Cap. Droj. Stdnts Enrollment 95-97 Dev Elementar 864 823 No 885 1488 Yes (-624) M/S 589 544 No 398 940 Yes (-351) 0 1061 SEATS AVAIL. • l ?j? 06fl ®aD i7®Qo©QSeg elaaa0©w¢ 111 k?a Ooa ehno @ohoo0 Mglitinddig9O67 61170490 97®mm ,a00 prop000d doer©0@fpovaGin ¢o (120E-9 007) The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment stand point. While this developments impacts have not been determined, there are other approved developments in these attendance areas which will, together with this proposal, have a significant cumulative impact on these schools. As the volume of development increases in this area, the District is becoming extremely concerned about our ability to provide the same quality education for these new students that we are providing students in other areas of the District due to increasingly overcrowded school facilities. With the implementation of'the land dedication/cash in -lieu ordinance by the Town of Frederick, residential projects will now be required to pay a fee per dwelling unit or donate land based on the student yield of the development. Because of the size of the parcel under consideration in this annexation, the District would potentially seek the dedication of land for a future secondary school in the Frederick area. This decision would be based on an analysis of site conditions and the potential student yield. With the land dedication/cash in -lieu program, the District would not oppose this project. Sigcerely, .,71 Scott Toillion, AICP Planning Specialist 972112 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No.: F921678 1. Effective Date: July 2, 1997, at 8:00 A.M. 2. Policy or policies to be issued: Amount A. ALTA Owner's Policy $ Proposed Insured: B. ALTA Loan Policy $ Proposed Insured: Premium Hourly Work Fee (8 hours @ 75.00/hour) $600.00 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Meredith O. Johnson Trust 4. The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) COMMONWEALTH LAND TITLE INSURANCE COMPANY By STEPHANIE J.MCKAY Authorized Stature Issued: July 17, 1997 972102 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921678 SCHEDULE A - Continued LEGAL DESCRIPTION The Southwest 1/4 of Section 13, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado 9721(92 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921678 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE'SALES PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5. (NONRESIDENT WITHHOLDING). NOTE: INFORMATIONAL COMMITMENT ONLY - NO POLICY IS CONTEMPLATED BEING ISSUED. 972102 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921678 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6. a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERIC AND RECORDER, OR THE COUNTY ASSESSOR. 972102 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921678 SCHEDULE B - Continued EXCEPTIONS 7. Reservations made by the Union Pacific Railway Company in deed recorded in Book 86 at Page 419. 8. Any interest which may have been acquired by the public in the 30 feet of subject property by reason of resolution of Board of County Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain. 9. Right of way for Lower Boulder Ditch as shown by Map filed with the Weld County Clerk and Recorder, insofar as same may affect subject property. 10. Easement and Right of Way for communication facilities as granted to The American Telephone and Telegraph Company by instrument recorded December 27, 1940 in Book 1072 at Page 217, said easement not being specifically defined. 11. Right of Way Agreement by and between the Consolidated Lower Boulder Reservoir and Ditch Company and Carol F. and Meredith Johnson recorded in on Film 595 as Reception No. 1517130, being more fully described therein. 12. Oil and gas lease between Meredith O. Johnson and Martin J. Freedman dated August 21, 1970, recorded September 14, 1970 in Book 633 as Reception No. 1554541, and any interests therein or rights thereunder. 13. Right of Way Easement for pipe line facilities 50 feet in width as granted to Panhandle Eastern Pipe Line Company by instrument recorded July 2, 1974 in Book 718 as Reception No 1639887, being more fully described therein. 14. Right of Way Easement and License by and between Consolidated Lower Boulder Reservoir and Ditch Company and Panhandle Eastern Pipe Line Company recorded March 20, 1975 in Book 734 as Reception No. 1656386, insofar as same may affect subject property. 15. Right of Way Easement for pipe line facilities 50 feet in width as granted to Panhandle Eastern Pipe Line Company by instrument recorded April 29, 1975 in Book 737 as Reception No. 1659220, being more fully described therein. 16. Right of Way Easement for pipe line facilities 50 feet in width as granted to Panhandle Eastern Pipe Line Company by instrument recorded March 14, 1977 in Book 791 as Reception No. 1713454, being more fully described therein. Page 5 972102 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921678 SCHEDULE B - Continued EXCEPTIONS 17. Easement Lease Agreement by and between American Telephone and Telegraph Company, Lessor and The Mountain States Telephone and Telegraph Company as shown by instrument recorded August 7, 1986 in Book 1122 as Reception No. 2064008. 18. All right, title and interest in and to oil, gas, minerals and hydrocarbons which are in, on, under or associated with subject property as conveyed to Susan J. Troudt, Marian J. Bottinello and Carla J. Hobbs in Deeds recorded August 17, 1988 in Book 1205 as Reception No. 2151706 and May 9, 1989 in Book 1231 as Reception No. 2179032. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Panhandle Eastern Pipe Line Company recorded October 1, 1981 in Book 949 as Reception No. 1870756. (b) Union Rural Electric Association, Inc. recorded October 5, 1981 in Book 949 as Reception No. 1871004. (c) Western Gas Supply Company recorded April 2, 1985 in Book 1063 as Reception No. 2004300. (d) Panhandle Eastern Pipe Line Company recorded June 26, 1986 in Book 1117 as Reception No. 2058722. (e) United Power, Inc. recorded January 24, 1991 in Book 1288 as Reception No. 2239296. NOTE: The within described land is also subject to the following Special Districts: (a) Central Weld County Water District as shown by instrument recorded April 26, 1977 in Book 795 as Reception No. 1717392. (b) Carbon Valley Park and Recreation District as shown by instrument recorded April 27, 1983 in Book 994 as Reception No. 1924918. Page 6 972192 COMMONWEALTH LAND TITLE INSURANCE COMPANY 1002 17TH AVENUE LONGMONT, CO 80501 GRANT, BERNARD, LYONS & GADDIS 515 KIMBARK LONGMONT, CO 805020978 Attn: Cameron/Khileen Order No. F921678 July 18, 1997 RE: Meredith O. Johnson Trust/ vacant land/13/2N/68W In connection with the above matter, we are enclosing herewith the following: Endorsement We are pleased to have the opportunity to be of service. If you have any questions or changes, please contact Commonwealth Land Title Insurance Co. at 772-9164 CC: 972192 ENDORSEMENT Attached to and forming a part of Commitment No. F921678 Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY Insuring: as set forth in said commitment. The said commitment is hereby amended in the following manner: Exception No. 10 under Schedule B is hereby deleted. Exception No. 17 under Schedule B is hereby deleted. The total liability of the Company under said commitment and any endorsements attached thereto shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the provisions of said commitment to pay. This endorsement is made a part of said commitment and is subject to the exclusions, schedules, endorsements, conditions, stipulations and terms thereof, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said Commitment, unless otherwise expressly stated. IN WITNESS WHEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on July 18, 1997. Dated: July 18, 1997 COMMONWEALTH LAND TITLE INSURANCE COMPANY: Authorized Signature 97219?2 ENDORSEMENT Attached to and forming a part of Commitment No. F921678 Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY Insuring: as set forth in said commitment. The said commitment is hereby amended in the following manner: Exception No. 10 under Schedule B is hereby deleted. Exception No. 17 under Schedule B is hereby deleted. The total liability of the Company under said commitment and any endorsements attached thereto shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the provisions of said commitment to pay. This endorsement is made a part of said commitment and is subject to the exclusions, schedules, endorsements, conditions, stipulations and terms thereof, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said Commitment, unless otherwise expressly stated. IN WITNESS WHEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on July 18, 1997. Dated: July 18, 1997 COMMONWEALTH LAND TITLE INSURANCE COMPANY: Authorized Signature 9'721'.2 FREDERICK ANNEXATION PETITION Meredith O. Johnson Trust AFFIDAVIT OF SURFACE ESTATE OWNERS Subject Property: Township 2 North. Ranae 68 West. 6th P.M.. Weld County. Colorado Section 13: SW% STATE OF COLORADO COUNTY OF WELD ) ss. THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of his knowledge the following is a true and accurate list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the Weld County Assessor, of the owners of the surface estate within six hundred (600) feet of the Subject Property. This list was compiled from the records of the Weld County Assessor on July 7, 1997. 1313-13-1-00-001 Lakeview Village Inc. 700 Florida Ave., #P203 Longmont, CO 80501 1313-13-1-00-002 Virgil L. & Minnette Paul 9501 WCR 13 Longmont, CO 80501 1313-13-0-00-014 Elda Mae Johnson, Elizabeth N. Doores, & Grant V. Niven 710 N. 44th Avenue Yakima, WA 98908 1313-13-0-00-047 Lavern L. & Karen A. Hamilton P.O. Box 18 Firestone, CO 80520 1313-14-0-00-011 Jerri Lynn Doering, James Modrall & Est. of Lorraine Miller, decd. 241 Sherwood Ct. Longmont, CO 80501 1313-14-0-00-015 John Joseph & Mary Granger 9551 WCR 11 Longmont, CO 80501 1313-14-0-00-042 Nancy L. & Karen A. Bruckhauser 9629 WCR 11 Longmont, CO 80501 1313-14-0-00-020 Stanley Olson Go Del Camino East LLP 360 S. Monroe St., Ste. 355 Denver, CO 80209 1313-23-0-00-039 Jack & Barbara A. Berger 9821 Colo. Hwy. 52 Ft. Lupton, CO 80621 1313-24-0-00-068 Robert E. & L. Leona Moore, Trustees of the Moore Living Trust 5526 WCR 20 Longmont, CO 80504 1313-24-0-00-070 G.L. & D.F. Dittmer 5220 WCR 20 Longmont, CO 80501 Page 1 of 2 9721.`2 William G. Crews Certified Professional Landman #3477 ;,,.ubscribed and sworn to before me by William G. rews this 21st day of July, 1997. \\pTA RY. io.-7-• lr_eS;/l PA J , jCCff,,UUV Page 2 of 2 c 9'72102 PETITION FOR ANNEXATION JOHNSON FARMS The undersigned hereby respectfully petition the Town of Frederick to annex to the Town the territory shown on the map attached hereto and described as follows, to -wit: The Southwest Quarter of Section 13, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado In support of this petition, the petitioners state: 1. That it is desirable and necessary that the above described territory be annexed to the Town. 2. That the requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: 2.1 That the petitioner is the landowner of more than fifty percent (50%) of the territory, excluding streets and alleys, herein proposed for annexation to the Town. 2.2 That not less than one -sixth (1/6) of the perimeter of the above described territory hereby petitioned to be annexed to the Town is contiguous to the Town limits. 2.3 That a community of interest exists between the above described territory and the Town, that the same is urban or will be urbanized in the near future, and further that said territory is integrated or is capable of being integrated into the Town. 2.4 That, in establishing the boundaries of the above described territory, no land held in identical ownership, whether consisting of one (1) tract or parcel of real estate or two (2) or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road or other public way. 2.5 That land in one (1) ownership comprising twenty (20) acres or more, which has an assessed ad valorem tax value in excess of two hundred thousand dollars ($200,000.00) for the year preceding annexation, shall not be included in the annexation without written consent of the owner unless the parcel is located entirely within the outer boundaries of the Town as they exist at the time of annexation. 3. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. 4. The annexation of the territory proposed to be annexed will not result in the detachment of area from an school district. 5. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. 6. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, \\GREG\DATA\CLIENTS\FIFANEX\FANE%-JOMANNEXATION PETITION-JOH.DOC 07/23/97 9:46 AM • KBF 97212 7Z£9-BC9 (£0£) .. 10909 00 1NOWSNO1 1S NIVW H180N Z£II *IkA SAR 11011 S 1171 V *Cl V Il IJ P Q3S 1919 '0391 939 0311931 16/12/10 '3190 [ 10 P133HS 069 'NIIVN0 ,00E _ .1 P31031 iR i§a NET AREA 158.387 ACRES 88 =. )1OIN3O3i13 HO NM01 3H1 01 Z# NOIlV7(3NNV S31V1S3 N33NJ 3WVNON ��.\—___ S .u- .aVagi 1.2,90.005 —�� •••��•••••••••• MaWK M 01 500001.100 A.s09. 3zc.00n0s ••�• ••••••\••••,••,•� 1 S R TOTAL AREA 158.387 ACRES ,969199 SLOW 40 MM. IN OVON UNIDO* IL ts F 4 3§ 8 Hello