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
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