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HomeMy WebLinkAbout972103.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. Z 385 248 069 Certified Mail No. Z 385 248 064 Re: Del Camino South, LLC 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. Very truly yours, (/)ll?TI %, nZ— Kristin Nordeck Brown KNB:mde cc: Town of Frederick Enclosures fithhaehigid /I 7/(7 Pt) )561CA 972103 The Law Offices of SAMSON & BROWN „ ,A Professional Corporation Richard E. Samson--' Kristin Nordeck Brbivn Scott J. Smith 515 Kimbark Street, Suite 105 P.O. Box 1079 Longmont, Colorado 80502 Alan D. Carlson ", ! 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 385 248 759 Certified Mail No. Z 385 248 760 Certified Mail No. Z 385 248 065 Certified Mail No. Z 385 248 067 Certified Mail No. Z 385 248 062 Certified Mail No. Z 385 248 068 Certified Mail No. Z 385 248 063 Certified Mail No. Z 385 248 066 9721'x!3 NOTICE OF PUILMC 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 DEL CAMINO SOUTH. LLC - Annexation , said Annexation being more particularly described in the following Resolution. The Board of Trustees of the Town of Frederik wit hold a Public Hearing commencing at 7:30 o'clock p.m.. Thursday. September 25. 1997, at the Town of Frederick Municipd BUBdbg. 33351h5treet, Frederck.Cobraio8053O forthe purpose of determining whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and k 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 By: Karen Borkowski. Town Clerk IEBOLUIION NO. 97-R-25 WHEREAS, a petition for annexation of certain property has been flied 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 permitsimultaneous consideration of the sublect 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 Resolutlan its fndngs in regard to the teGlons: NOW, THEREFORE, BE ITRESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK. COLORADO, AS FOLLOWS: I. The petitions, whose legal desorption Is attached hereto as Exhibit Aandincorporatedbyreference hetein, are in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. 431-12-107(2). -- 3. Noaddllbndterreandaondtlons are to be imposed except those provided for In the petitions. 4. The Board of Trustees we hold a public hearing for the purpose of detemYnhg tf the proposed armexalbn complies with C.R.S. 131-12-104, and zoning the subject propertyif requested in the petition. at the Frederick Town Halt Frederick, Colorado 80530. at the blowing 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 °Mglblly Of the proposedannexatial, and wnethertie statutofyregdrementsfor theproposed annexation have been met, and further. will determine the appropriate zonkq of the subject property if requested In the petition. 7. If the Board of Trustees concludes. by resolution, that all statutory requkMMnts have been met and that the proposed annexation Is proper under she laws of the State of Colorado, the Board of Trustees shall pass an ordinance annexing the sublect properly to the Town Ot Frederick and shall pass an ordinance zoning the sublect property if requested in the Petition. INTRODUCED. READ. SIGNED AND APPROVED THIS 14TH DAY OF AUGUST. 1997. TOWN OF FREDERICK By: Edward J. Tagllente, Mayor ATTEST: Karen Borkowski, Town Clerk EXHORT A Norm Half. Southwest Quarter, Section 14. Township 2 North. Range 68 West of the 6TH P.M.. Weld County. State of Colorado Published in the Far er & Miner August 20. 27, September 3. 10, 1997. 972103 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 Del Camino South, LLC 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 By: i^i, / .,A Karen Borkowski, Town Clerk Publication Dates: 8/20/97, 8/27/97, 9/3/97, and 9/10/97. 972103 RESOLUTION NO. 97-R-25 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 WNOF FREDERICK By` Edward J. Ta Al hST: ifpAq 1/2/01/46) wren Borkowski, Town Clerk 972103 EXHIBIT A North Half, Southwest Quarter, Section 14, Township 2 North, Range 68 West of the 6t° P.M., Weld County, State of Colorado 372193 PETITION FOR ANNEXATION DEL CAMINO SOUTH, LLC 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: North Half, Southwest Quarter, Section 14, Township 2 North, Range 68 West of the 6th P.M., Weld County, 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. G.\dlent91MalephedencMNnnexation petition 2 dcc 03/10/97 3.09 PM - JCG 972103 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, 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 Business -Industrial 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. Del Camino South, LLC Ken Kanemoto, Member c/o 203 South Main Street Longmont, CO 80501 G.\clients \n\hale)\heoenckRannexatlon petltlan 2 doc 03/105]3:00 PM- JCG 972103 DATED: /(tic 22. Irft7 PETITIONERS: DEL CAMINO SOUTH, LLC By ?We t,6n Ken Kanemoto, Member Legal Description of Property Owned: North Half, Southwest Quarter, Section 14, Township 2 North, Range 68 West of the 6th P.M., Weld County, State of Colorado G:cII nhttalel\fredercknannexaaon eettlon 2.doc 0110/970:00 PM. JCG 972193 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) COUNTY OF BOULDER ) ss. 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 Khileen B Flynn Witness my hand and official seal. My commission expires: My Cpmnissica Expires 1216/2000 G kllentsVlVulejleedencIJannenation petition 2.doc July 22nd day of , 1997 by 03/101973'.00 PM.JCG 972103 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 DIRECTORS BOu1DFR COUNTY G Raymund Jaya La WIB1an Ruth Wright LAIUMER COUNTY Mat Applegate Wi01mn H. Rump Marjorie A. Knievel WELD COUNTY William E 9&Wade Kann Banner gay Wham WASHINGTON AND MORGAN COUNrff5 E. L Camera LOGAN COUNTY Wiffaw Cordon SEDGW1OC COUNTY Georgia* DIRECTOR EMERITUS WA Err OFFICERS William E. B&Mende, Haden' E. L Cann. Vice President Eric WW,Riwn. Secretary Damn L'a4lmen, Treasurer Chief Engineer LEGAL COUNSEL Tout h Raley. F.C. 1773 Sherman Street Suite 1300 Denver. Colorado 80203 CONSULTANT J R. Batty May 16, 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 May 14, 1997, the parcel of land owned by Del Camino South, LLC located in the N1fSW2/s of Section 14, 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 972103 CENTRAL WELD COUNTY WATER DISTRICT June 4, 1997 Cameron Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street Longmont, CO 80502-0978 RE: Petition for Annexation to Town of Frederick: Haley Land Company, LLC; Solomon 77, LLC; Del Camino South, LLC; Doering/Modrall Dear Mr. Grant: Pursuant to District policy, please submit a $1,000.00 study fee for each of the above properties to allow the District to proceed with determining the impact of each on the existing system and any line extensions that may be required. Also, please submit a copy of a site plan, if no plat is available, of the property to allow the District to determine the location of any easements required. Additional easements may be required in the future depending on your final development plans. If you have any questions regarding the above, please advise. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J. L. Walter Staff Engineer JL W/ca 4444,- 44_.44 4...._.... _ ..._....I .., r.,�,,.-.,d,� snF7( . (gum . Tnhn W. 7ndeL General Nfananer LEFT HAND WATER DISTRICT May 28, 1997 Cameron A. Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street P.O. Box 978 Longmont, CO 80502-0978 Dear Cameron:. A preliminary review of the annexations to Frederick outlined in your letter dated May 14, 1997 shows that Haley - NE 1/4 Sec 22: This is within LHWD, west side of I-25, north of Indian Peaks. No tap request ever been done to my knowledge. Del Camino (MUD tank) zone. Could possibly be served from 8" along I-25 frontage with looping to proposed 16" tank line, depending upon fire flow requirements. Haley - NW 1/4 Sec 23: This is east of I-25 and within CWCWD service area. Solomon - S 1/2 SW 1/4 Sec. 14: This is east of I-25 and within CWCWD service area. Del Camino South - N 1/2 SW 1/4 Sec. 14: This is east of I-25 and within CWCWD service area. Doering/Modrall - SE 1/4 Sec. 14: This is east of I-25 and within CWCWD service area. Doering/Modrall - NE 1/4 Sec. 27: This is within LHWD, west side of I-25, south of Indian Peaks. This would have to be on same pressure zone as Indian Peaks due to high elevation - could not be served by MUD tank. Could possibly be served from 8" on WCR 18, but would probably require additional upgrading on Hwy. 52. The above statements are not commitments to serve until all requirements for service have been met. In order to address the specific requirements for service to the two properties included in the District, tap review requests must be submitted and engineering fees paid. Sincerely, Kathy eterson General Manager P.O. Box 210 •Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 97219 Tri-Area Ambulance District 204 Oak Street • P.O. Box 708 • Frederick, Colorado 80530 May 21, 1997 Grant, Bernard, Lyons & Gaddis 515 Kimbark Street Post Office Box 978 Longmont, Colorado 80502-0978 Reference: Del Camino South, LLC N'/SWYS14 Mr. Cameron A. Grant: It has come to the attention to the Tri-Area Ambulance District that you have requested the annexation of your property to the Town of Frederick. Enclosed is Frederick's Ordinance No. 431, which requires inclusion of your property into Tri-Area Ambulance District as a condition of annexation. Also enclosed is a petition for inclusion into the Tri-Area Ambulance District and instructions for completing the petition. Please complete the petition for inclusion, and return it to the District at your earliest convenience. Upon confirming the adequacy of the petition, we will confirm its filing with Frederick so that your annexation request is not delayed by this requirement. Should you have any questions on the inclusion petition or the process the District will use to consider it, please feel free to call me. Sincerely, rnanei0. Marcia L. Modrell Administrative Office Manager Tri-Area Ambulance District CC: Karen Borkowski, Frederick Town Clerk Board of Directors Tri-Area Ambulance District Robert G. Cole, Esq. Phone: (303) 833-4824 Fax: (303) 833-3772 972103 cSt. (Rain cSanitation I Liizlct Saint Zan) aZIMone (303) 776-9570 June 11, 1997 Mr. Cameron A. Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street, Suite 200 Longmont, Colorado 80501 515_7(imSat cSt., Sulk 109 Longmont, CO 8O501 Re: Del Camino South, LLC Petition for Annexation to Town of Frederick Dear Mr. Grant: The Del Camino South, LLC property located in the N 1/2 SW 1/4 S14 is within the St. Vrain Sanitation District service area. The property lies adjacent to 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. Very truly yours, ST. VRAIN SANITATION DISTRICT By PDT. L. D. Lawson, P.E. Manager LDL:mcj Domenic A. Chioda Fire Chief 9'7210' 9'72103 a J/) —'- 44 * — CARBON VALLEY - June 18, 1997 Carbon Valley Recreation District P.O. Box 119 701 5" Street Frederick, Colorado 80530 (303) 833-3660 Fax ext. 21 Grant, Bernard, Lyons & Gaddis P.O. Box 978 515 Kim bark Street Longmont, Colorado 80504 Dear Cameron A. Grant The Carbon Valley Recreation District has received notice regarding the Del Canino South, LLC, petitioning for annexation into the Town of Frederick. The proposed area is quite large. Is all of this land going to be developed? The Del Camino South land (N '/= SW '/. S14) 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 business/industrial, 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 adivities. 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 pradice times and places to pradice 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 included into the Carbon Valley Park and Recreation District if not already so. The district is also requesting some type of ceceational 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 occuning! 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, �' . �C Randall S. Dufour General Manager 972103 St. Vrain Valley School District RE -1J June 2, 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: Del Camino South, LLC Annexation located in Section 14, T2N, R68W Dear Mr. Grant: Thank you for referring the Del Camino South, LLC Annexation located in Section 14, 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 subdivision 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/ CaoacitvFnrollment Impact Enrollmenj Caps 'roi. Stdnts Enrollment 95-97 Dev Yes (-599) Elementar 864 823 No 640 1463 544 No 387 931 Yes (-342) M/S 589 0 1027 SEATS AVAIL. • ?'and on pr@j®Q SQmSorul iydodal8 dw �v®n gloThooll MQQouSMruf &rat® Qr'auu Mill prop®ooS m7@v®ll®Qvv@Q Qs (1fl5-9827) 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 parcels under consideration in these annexations, the District would likely 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. Sincerely, Scott oillion, AICP rl�,.....:.... C..nninNrt 9'72193 COMMITMENT FOR TITLE INSURANCE UNITED GENERAL TITLE INSURANCE COMPANY United General Title Insurance Company, a Louisiana Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums charged therefore; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereto. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies commited for have been inserted in Schedule A hereof by the Company, either at the time of issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days after the Effective Date hereof or when the policy or policies commited for shall be issued, whichever first occurs, provided that the failure to issue policy or policies is not the fault of the Company. In Witness Whereof, the Company has caused its Corporate Name and Seal to be hereunto affixed: this instrument, including Commitment, Conditions and Stipulation attached, to become valid when Schedule A and Schedule B have been attached hereto. UNITED GENERAL TITLE INSURANCE COMPANY Countersigned President Authorized Officer or Agent This policy valid only if Schedules A and B are attached ALTA Commitment 1966 [CT Form 1SOA 972193 COMMITMENT FOR TITLE INSURANCE * * * * SCHEDULE A 1. Effective Date: JUNE 5, 1997 @ 7:00 A. M. RE: Our Order No.: UQ41373 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: TO BE AGREED UPON B. ALTA Loan Policy Proposed Insured: C. ALTA Loan Policy Proposed Insured: Amount $ TO BE AGREED UPON Amount $ Amount $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: DEL CAMINO SOUTH, LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is described as follows: THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. 972103 COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 1 RE: Our Order No.: UQ41373 REQUIREMENTS: The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Payment of all taxes, charges or assessments, levied and assessed against the subject premises which are due and payable. Item (c) The following instrument(s) must be properly executed and filed of record in the Official Land Records of Weld County, Colorado, to wit: 1. Warranty Deed from DEL CAMINO SOUTH, LIMITED LIABILITY COMPANY to TO BE AGREED UPON conveying the land described herein. 2. A copy of the Operating Agreement and the Articles of Organization for DEL CAMINO SOUTH, LIMITED LIABILITY COMPANY, A LIMITED LIABILITY COMPANY must be presented to Weld County Title Company for examination and retention in its files. 3. Certificate of Limited Partnership of THE OLANDER FAMILY LIMITED PARTNERSHIP, an Oregon limited partnership, citing the terms and the general partners thereof. 4. Copy of Limited Partnership Agreement for The Olander Family Limited Partnership, an Oregon Limited Partnership. The following information is disclosed pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987, Rep1. Vol: (A) THE SUBJECT HEAT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICT MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 972103 COMMITMENT FOR TITLE INSURANCE * * * * * SCHEDULE B Section 2 RE: Our Order No.: UQ41373 EXCEPTIONS: The policy or policies to be issued will contain exceptions for 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; and exceptions to the following matters 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 heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 1997, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Right of way for COUNTY ROADS 30 feet wide on either side of section and township lines as established by ORDER OF THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, recorded OCTOBER 14, 1889 in BOOK 86 at PAGE 273. 8. Right of way for pipeline purposes as granted to Panhandle Eastern Pipe Line Company by instrument recorded SEPTEMBER 29, 1976 in BOOK 777 as Reception No. 1699364, said right of way being 50 feet in width, the centerline of which is described as follows: Beginning at a point on the North line of the SW 1/4 of said Section 14, said point being North 90°00'00" East on an assumed bearing, a distance of 1283.81 feet from the NW Corner of said SW 1/4; Thence South 00°25'03" East, 7.60 feet; Thence South 31°06'17" East, 228.50 feet; Thence South 00°12'14" East, 766.80 feet; Thence South 44°17'32" West, 99.10 feet; Thence South 00°42'28" East, 221.20 feet; Thence South 89°17'32" West, 38.60 feet to the end of the line. CONTINUED NEXT PAGE 972103 8-2 CONTINUED UQ41373 9. Right of way for utility line purposes as granted to the Central Weld County Water District by instrument recorded OCTOBER 19, 1994 in BOOK 1463 as Reception No. 2411729, said right of way being 20 feet in width for a permanent easement, and 50 feet in width for a temporary construction easement; Said 20 foot wide permanent easement shall be the 20 feet East of, parallel with, and adjacent to, the East right-of-way line of the frontage road on Interstate Highway 25; Said 50 foot wide temporary easement shall the the 50 feet East of, parallel with, and adjacent to, the East right-of-way line of the frontage road on Interstate Highway 25. 10. Reservation as contained in Patent recorded JULY 24, 1877 in BOOK 20 at PAGE 126, said reservation being as follows: Right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises. 11. Mineral Deed from Herbert M. Olander to Harold L. Olander conveying an undivided 1/2 interest in and to all of the oil, gas, and other minerals in and under subject property, recorded MARCH 13, 1978 in BOOK 825 as Reception No. 1747085, together with the right of ingress and egress at all times for the purpose of mining, drilling and exploring said lands for oil, gas, and other minerals and removing the same therefrom; and any interests therein, assignments or conveyances thereof. 12. Reservation of 100% of the royalties from oil, gas and associated substances attributable to such rights which are produced pursuant to the provisions of currently existing oil, as and/or mineral leases, prior to the 3rd anniversary of the date of this Deed as contained in instrument from The Olander Family Limited Partnership, an Oregon Limited Partnership, recorded JANUARY 19, 1995 in BOOK 1476 as Reception No. 2423478, and any interests therein, assignments, or conveyances thereof. This is a royalty reservation (CRS 38-30-107.5) and shall terminate automatically with respect to oil, gas and associated substances produced after the 3rd anniversary of this Deed. 13. The effect, if any, of an Order which purports to inlude the subject property within the boundaries of the Central Weld County Water District, recorded August 27, 1979 in Book 879 as Reception No. 1801424. 14. The following notices have been recorded with the Clerk and Recorder of Weld County pursuant to CRS 9-1.5-103(1). These instruments do not define the exact location of the underground facilities and may or may not affect the subject property: NOTICES BOOK RECEPTION NO. A) PANHANDLE EASTERN PIPELINE 1117 2058722 B) ST. VRAIN SANITATION DISTRICT 1218 2164975 C) UNITED POWER, INC., FORMERLY UNION RURAL ELECTRIC ASSOCIATION, INC. 1288 2239296 972103 COLORADO ESCROW AND TITLE SERVICES, INC OWNERSHIP AND ENCUMBRANCES COVER SHEET TO: ATTN. PRESENT OWNER: Khyleen Flynn Del Camino South LLC LEGAL DESCRIPTION: SEE ATTACHED DOCUMENTS. PROPERTY ADDRESS: IF THERE IS ADDITIONAL INFORMATION YOU REQUIRE, PLEASE CALL US AT 678-8500. WE APPRECIATE YOUR BUSINESS. CERTIFICATION DATE: DATE: July 15, 1997 NOTE: THE INFORMATION CONTAINED IN THIS REPORT HAS BEEN TAKEN FROM THE COUNTY RECORDS, BUT IS WITHOUT BENEFIT OFA COMPLETE TITLE SEARCH. 520 MAIN STREET, SUITE C, LONGMONT, CO 80501 PHONE 678-8500 METRO 543-5009 FAX 678-8509 972193 WELD COUNTY TITLE COMPANY 1221 8th AVENUE GREELEY, CO 80631 " (970) 356-3232 Metro 623-3232 INVOICE No. 41747.1 JULY 8, 1997 r LONGMONT, CO 80501 ATTN: KELLEY COLORADO ESCROW AND TITLE SERVICES 520 MAIN STREET, SUITE C L J REFERENCE: WCTC Order No. WQ41747 DEL CAMINO SOUTH LIMITED LIABILITY COMPANY DESCRIPTION CHARGES J CREDITS I BALANCE 600 FOOT RADIUS SEARCH 75.00 TOTAL -30 $ 75.00 THIS INVOICE SUPERCEDES ANY PREVIOUS INVOICES FOR THIS ORDER 972103 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE WO41747 Application No. Subject Property N1/2SW1/4 14-2-68 STATE OF COLORADO ) COUNTY OF WELD SS THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owner of property (surface estate) within 600 feet of the property subject to the application. this list was compiled from the records of the Weld County Assessor, or an ownership update from a title 'ter abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. WELD COUNTY TITLE COMPANY OM By: le4 7?Ze.. Title: TITLE O ICER The forego ng instrument was subscribed and sworn to before me this (751)*- day of vim, ‘- , 19�. WITNESS my hand and official seal. My Commission Expires: riAkM Notary P'blic 972193 NAMES OF OWNERS OF PROPERTY WITHIN 6Oo FEET Please Print or Type NAME AnDRESS, TOWN/CITY ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # DEL CAMINO CENTER 203 S MAIN STREET 131314000000 PARTNERSHIP LONGMONT, CO 80501 HAUSER CHEMICAL RESEARCH INC BOULDER, CO 80301 5555 AIRPORT BLVD 131314001000 MC BRIEN LARRY L 9518 I-25 ACCESS RD 131314000008 & REGINA K LONGMONT CO 80501 APPLIED FILMS INC 6797 WINCHESTER CIRCLE 131314000046 A COLORADO CORPORATION BOULDER CO 80301 DILLON JACK C 138 SO DOWNING ST 131315000020 & MARGARET C DENVER CO 80209 HAGGERTY MICHAEL P 3909 WELD CO RD 20 1/2 131315000022 & VIRGINIA R LONGMONT CO 80501 HOPPER MARVIN D 3656 WELD CO RD 20 1/2 131315000073 & SHARON K LONGMONT CO 80501 REESE HAROLD JR 855 SUNRISE HWY 131315000095 & RONALD JANE ETAL LYNBROOK NY 11563 972103 FREDERICK ANNEXATION PETITION Del Camino South, Limited Liability Company AFFIDAVIT OF MINERAL AND MINERAL LEASEHOLD OWNERS Subject Property: Townshio 2 North. Rance 68 West. 6th P.M . Weld County. Colorado Section 14: NIASW% 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 and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property. Mineral Owners Del Camino South, Limited Liability Company 203 S. Main Street Longmont, CO 80501 Leasehold Owners Bataa Oil, Inc. 2500 W. 29th Street Greeley, CO 80631 HS Resources, Inc. 1999 Broadway, Suite 2600 Denver, CO 80202 I.• tarn' qe�6s: William G. Crews Certified Professional Landman #3477 and sworn to before me by William G. Crews this 31st day of July, 1997. 9721'3 f redecich o4iea ,fire Protection fidtrict 31 WALNUT DR. - P.O. BOX 129 - FREDERICK, COLORADO 80530 Business: 833-2742 Emergency 911 May 20, 1997 Grant, Bernard, Lyons & Gaddis 515 Kimbark Street P. O. Box 978 Longmont, Colorado 80502-0978 Ref: Haley Land Co, LLC Del Camino South, LLC Solomon 77, LLC Mr. & Mrs. Eric Doering Mr. James Modrall Mr. Jim Neeman Dear Mr. Grant; The Fire District has received your request for annexation to the Town of Frederick. The Fire District finds that the area referenced above is within the Fire district service area and that the Fire District is prepared to provide service to this area. The Fire District requires that we review all final plats for proper fire service requirements. If you have any concerns, please call me at 303-833-2742. Thank You & God Bless Sincerely; Domenic A. Chioda Fire Chief 972193 Iiiirli l;4a ;e g 1 II 'CY °? li'liiiI;aa"41 Ix f41 l molyie- gi °°6QI!inill;ay 41! li II I55leleiplssili !1 i. i�til�0d° ➢�lae ai0 k °r i a P: ! e§gif:l Ixii°I�'•E' 3�-iael e . 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