HomeMy WebLinkAbout970371.tiffTOWN OF BERTHOUD
328 MASSACHUSETTS AVENUE • P.O. BOX 1229
BERTHOUD, COLORADO 80513
TOWN HALL
(970) 532-2643
January 13, 1997
Weld County Commissioners
915 10th St.
Greeley, Co. B0632
RE: ANNEXATION NOTIFICATION
POLICE DEPARTMENT
(970) 532-2611
Dear Sir:
Pursuant to CRS 31-12-10B and 31-12-108.5, please accept this
letter as notification that the Town of Berthoud has scheduled a
public hearing for Feb. 11, 1997 for the Tollgate Farms Second
annexation.
Enclosed please find a copy of the published notices, annexation
resolution and impact report.
Sincerely,
Mary K. Cow in
Town Clerk
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970371
( .' .(1)76 )/azty //4) n
Town of Berthoud, Larimer County, Colorado
Annexation Impact Report
concerning the
Tollgate Farms 2nd Annexation
In accordance with Section 31-12-108.5 of the Colorado Revised Statues Annotated. The
following annexation impact report is being submitted to fulfill all such required action by the
Town of Berthoud for the above named annexations. This impact report specifically analyzes the
above annexations and identifies what impact each will have on the Town of Berthoud and the
municipal services that will be provided to them. This impact report has been completed at least
twenty-five days before the date of the Public Hearing established pursuant to Section 31-12-108
of the Colorado Annotated Statues.
Table of Contents
Town of Berthoud Page 1
Guiding Documents of the Town Page 2
Annexation and the Town of Berthoud Page 2
Tollgate Farms 2nd Annexation Page 3
Town Boundaries Page 3
Existing Infrastructure, Areas Surrounding Berthoud Page 3
Site Data Page 4
Weld County Parcel # 106119000059 Page 4
Zoning
Acreage
Land Use
Services Provided
Districts
Weld County Parcel # 106119000040 Page 5
Zoning
Acreage
Land Use
Services Provided
Districts
Weld County Road #3 Page 5
Zoning
Acreage
Land Use
Services Provided
Districts
State Highway 56 Page 6
Zoning
Acreage
Land Use
Services Provided
Districts
Existing and Proposed Land Use Patterns Page 7
Existing Infrastructure, Town of Berthoud Page 7
Existing Districts Page 7
Anticipated Impacts and Costs Page 8
Three Mile Plan Page 8
Table of Maps
Map 1 Map of Area to be annexed Page 9
Map 2 Present and Proposed Town Boundaries Page 10
Map 3 Existing Infrastructure, Town of Berthoud Page 11
Map 4 Existing Infrastructure, Areas Surrounding Town Page 12
Map 5 Existing & Proposed Land Use Pattern in Annexation Page 13
Town of Berthoud
The Town of Berthoud has been an active participant in recent activities and studies that have
been designed to shape and guide the northern front range well into the 21st century. During the
last six years the Town has adopted the Northern Colorado Regional Planning Study (1995), a
new Development Code (1995), Land Use Plan (1994) and Comprehensive Plan (1992). These
documents have been prepared with citizen input from the Town, as well as other communities.
The Town of Berthoud has been active in working with other municipalities on drafting and
adopting Intergovernmental Agreements (IGA's) for areas within 3 miles of the Town's limits.
Todate IGA's have been reached with Larimer County, while discussions have also been held with
Weld County and the City of Loveland to begin forming an IGA that can be beneficial to all
governmental entities. It is the goal of Berthoud to work together with other municipalities as
well as Larimer and Weld Counties to ensure that the actions of one community will adversely
impact another.
While many towns, cities and counties have in place many of the documents listed above, the
Town of Berthoud prides itself on using these documents in making land use and planning
decisions. The plans and documents are constantly referenced by planning staff, the Town Board
and Planning Commissioners when making land use decisions. These plans are used to determine
the impact of proposals both within and outside of the Town's limits. These documents are living
documents and are therefore reviewed and amended by the Town Board, Planning Commission
and planning staff when found to contain dated or flawed information.
Growth that occurs in any municipality requires that a Town assess the impacts of this growth on
its existing infrastructure. The Town of Berthoud has taken steps to mitigate growth related
impacts by conducting studies to anticipate the impact on its infrastructure. In the past three
years, the Town has spent over $250,000 on studies and reports (Table 1) identifying areas of the
Town's infrastructure that will need to be upgraded and or expanded in order to adequately
provide services to existing and future citizens of the Town. The Town currently released for bid
an engineered plan for expansion to the water plant that will allow the Town to double the current
capacity of treated water to 4 million gallons per day. Which will allow the town to serve
approximately 8,000 people. This multi -million dollar project has been planned for since 1993
and construction is slated to begin in late 1997.
Table 1 Studies Conducted by the Town of Berthoud
Development Code
Larimer County IGA
Comprehensive Plan
Land Use Plan
N. Colorado Reg. Study
Waste Water Expansion
Water Plant Expansion
.Year . Total Cost to' Town
$23,900.00
1995
1995
1992
1994
1995
1996
1991 - 1996
$4,400.00
$24,400.00
$20,220.00
$574.00
$8,802.00
$170,679.00
1
Another project that the Town has been working on which will begin this summer, is the
expansion of the Town's wastewater treatment plant with the construction of a digester. Two
sites have been identified east of the Town of Berthoud and are noted on Map 1 of this report.
Negotiations have begun to acquire either of the designated areas for this site and the Town plans
to begin construction in 1997. The placement of the wastewater treatment plant has been a
concern of the Town Board and planning staff. The Town's goal is to locate the plant far enough
east of the Town's limits to increase the ability to serve the I-25, State Highway 56 area with as
few lift stations as possible.
Recent concerns of new development paying its proportionate share of the expansion of these
services has also spurred the Town to begin the process of having a Capital Improvements Plan
(CIP) completed. The CIP will identify services that the Town will need to expand in order to
support the increase in the population. The Town is currently waiting for the CIP bids to be
returned before hiring a consultant to perform this evaluation.
Guiding Documents of the Town
Other planning related documents the Town has in place are the Comprehensive Plan adopted by
the Town in 1992, the Land Use Plan in 1994, the Development Code in 1995 and the Northern
Colorado Regional Planning Study in 1995. The Comprehensive Plan and Land Use Plan which
are used in determining the direction of the Town, began the amendment process in the summer of
1996. Amendments were completed December 19, 1996 by the Planning Commission. The most
recent review is not scheduled to be completed until the fall of 1997.
The Land Use plan was a product of the 1992 Comprehensive Plan which was adopted in 1994.
It is used in conjunction with the Comprehensive Plan for achieving orderly development around
the Town and anticipating where the need for future services will be. The Town's Development
Code was the final result of the new Comprehensive Plan and Land Use Plan. The Development
Code was adopted in 1995 and was written to ensure that the items identified in the
Comprehensive Plan and Land Use Plan were enacted. Most recently, the Town of Berthoud
participated and was a partner in paying for the newly adopted "Northern Colorado Regional
Planning Study (1995)". The Town of Berthoud was active in providing input into this document
and has formally adopted this study. This plan has recently been implemented into the Town's
planning process and identifies the I-25 interchange as Berthoud's eastern gateway into the
community.
Annexation and the Town of Berthoud
State statues require any Town to provide "urban level services" (i.e. water, wastewater, police,
recreation, schools, and other services) to areas they intend to annex. The Town of Berthoud
recognizes this responsibility and can successfully provide these services to areas under
consideration by the Town. Berthoud's Comprehensive Plan and Development Code allow the
Town to achieve controlled, orderly and efficient growth that any front range community could
use as an example of growth management. To accomplish orderly, controlled, quality growth in
terms of annexation, Berthoud will rely on the Town's Development Code, Comprehensive Plan
and Land Use Plan to provide the basic guidelines for construction and development of new areas
around the Town.
The Town of Berthoud has also identified in its Comprehensive Plan the importance of preserving
and protecting agricultural lands around the Town. The Comprehensive Plan states on page 9
that the Town of Berthoud should "Consider annexation of agricultural and open space lands as a
means of protecting these lands." One of the properties being annexed into the Town (Tollgate
Farms) approached the Town for this purpose. The owner asked the Town to annex this property
and keep the agricultural zoning in place. This worked well with the Town's goals of protecting
open space. The Town also recognized that this proposal, when looked at collectively with the
other proposals in the area, would increase the amount of open space and help achieve buffers
between differing land uses. The use of annexation as a way to preserve agriculture and open
space is a tool the Town of Berthoud is using in response to farmer's and rancher's concerns
regarding protecting their rights to farm and ranch. If annexation of these lands can be
accomplished, the Town of Berthoud will achieve the community separators identified in the
Northern Colorado Regional Planning Study. Past experience has show that development has and
will continue along the existing roads and highways in a linear fashion unless these areas are under
the Town's jurisdiction.
Tollgate Farms 2nd Annexation
The property to be annexed into the Town of Berthoud is the Tollgate Farms 2nd Annexation.
The annexation includes a portion of Weld County Parcel # 106119000059, a portion of Weld
County Parcel # 106119000040, a portion of Weld County Road 3 and a portion of State
Highway 56 from Weld County Road 3 to the I-25 interchange (Map 1). All of these properties
are adjacent to one another and are located east of the Town of Berthoud. The total area of this
annexation is 106 acres +/-. The two existing parcels of land are currently in agricultural
production and will be brought into the Town under the same zoning (AG) Agricultural, while
Weld County Road 3 and State Highway 56 will remain existing arterial roadways and zoned T
(transition).
Section 31-12-108.5 (a) (I)
Town Boundaries
The Town's present and proposed boundaries are shown on Map 2 of this Impact Report. The
Town's current boundaries are represented by a solid line with shading. The proposed boundaries
are identified by the dashed line. The Town's new boundary will extend east along State Highway
56 to 1/2 mile west of the I-25 interchange.
Section 31-12-108.5 (a) (II), (c) & (d)
Existing Infrastructure, Town of Berthoud
The Town's current infrastructure is represented by Map 3 of this Impact Report. This map
delineates the Town's current boundaries and road systems to date. The Town's other
infrastructure elements (i.e. major trunk water lines, sewer interceptors, out -falls and utility lines)
are currently located in the easements shown on this map. The Town has and will continue to
require undergrounding of all utilities and the placement of those utilities and other infrastructure
to be placed in the Town's easements. Design and planning is currently underway to implement a
"loop" that will serve the I-25 & Highway 56 area (Map 4). This "loop" will allow for increased
circulation of water as well as provide an adequate amount for the anticipated uses in this area.
3
Section 31-12-108.5 (a) (III)
Site Data
The information below is a summary of the existing conditions on the sites to be annexed into the
Town of Berthoud with the Tollgate Farms 2nd Annexation. Each property included in this
annexation is listed in the following tables. Included is a summary of the services the Town of
Berthoud will provide to each property at the time of annexation and the anticipated method to
pay for the expansion of these services.
Table 2 Weld County Parcel # 106119000059 (Green Acres)
Zoning:
Acreage:
Land Use:
Services Provided:
Districts:
Existing
(A) Agricultural
55.8 acres +/-
Agricultural
Little Thompson Water District
Berthoud Fire Protection District
Weld County Sheriff
Public Service Electricity
Thompson R2J School District
Johnstown School District
Thompson R2J School District
Johnstown School District
Berthoud Fire
Weld County Library
Thompson Rivers Park & Rec. Dist.
Little Thompson Water District
Proposed
(AG) Agricultural
55.8 acres +/-
Same
Same
Same
Town of Berthoud Police
Same
Same
Same
Wastewater T.O.B.
T.O.B. Library
T.O.B. Water
Same
Same
Same
Same
Same
Same
Summary: Upon annexation, the Town of Berthoud will provide the following municipal
services to this parcel. 1) Police protection, 2) Water, when any change of use is processed; and
3) Wastewater, if it is requested. All of the other services provided to this parcel are used by the
citizens of Berthoud and would not change due to this annexation. The Town will provide water
and wastewater treatment to this parcel if it is requested by the property owner. The property
owner would be required to pay for any service expansion related to a change of use. The
Town's wastewater plant currently has enough treatment capacity to absorb an increase in
wastewater from the proposed residential development on this property.
4
Table 3 Weld County Parcel # 106119000040 (Tollgate Farms)
Zoning:
Acreage:
Land Use:
Services Provided:
Districts:
Existing
(A) Agricultural
5.71 acres +/-
Agricultural
Little Thompson Water District
Berthoud Fire Protection District
Weld County Sheriff
Public Service Electricity
Thompson R2J School District
Johnstown School District
Thompson R2J School District
Johnstown School District
Berthoud Fire
Weld County Library
Thompson Rivers Park & Rec. Dist.
Little Thompson Water District
Proposed
(AG) Agricultural
5.71 acres +/-
Same
Same
Same
Town of Berthoud Police
Same
Same
Same
T.O.B. Wastewater
T.O.B. Library
T.O.B. Water
Same
Same
Same
Same
Same
Same
Summary: Upon annexation, the Town of Berthoud will provide the following municipal
services to this parcel. 1) Police protection, 2) Water, when any change of use is processed; and
3) Wastewater, Wit is requested. All of the other services provided to this parcel are used by the
citizens of Berthoud and would not change due to this annexation. The Town will provide water
and wastewater treatment to this parcel if it is requested by the property owner. The property
owner would be required to pay for any service expansion related to a change of use. The
Town's wastewater plant currently has enough treatment capacity to absorb an increase in
wastewater caused by a change of use, however, no plans for development are anticipated in the
foreseeable future.
Table 4 Weld County Road #3
Zoning:
Acreage:
Land Use:
Existing
Unknown
2.9 acres +/-
Road
5
Proposed
"T" Transition
2.9 acres +/-
Same
Services Provided:
Districts:
Existing
Weld County Road Dept.
Little Thompson Water District
Berthoud Fire Protection District
Weld County Sheriff
Public Service Electricity
Thompson R2J School District
Johnstown School District
Thompson R2J School District
Johnstown School District
Berthoud Fire
Weld County Library
Thompson Rivers Park & Rec. Dist
Little Thompson Water District
Proposed
T.O.B. Streets Dept.
Same
Same
Town of Berthoud Police
Same
Same
Same
T.O.B. Wastewater
T.O.B. Library
T.O.B. Water
Same
Same
Same
Same
Same
Same
Summary:
The road to be annexed is Weld County Road 3 and extends from the southern most portion of
the Tollgate property north to State Highway 56. The portion to be annexed is roughly Vi of a
mile long. The Town of Berthoud will work with Weld County to determine what will be
required of the Town as far as maintenance of this road.
Table 5 State Highway 56
Zoning:
Acreage:
Land Use:
Services Provided:
Existing
unknown
40 acres +/-
Road
Weld County Road Dept.
Little Thompson Water District
Berthoud Fire Protection District
Weld County Sheriff
Public Service Electricity
Thompson R2J School District
Johnstown School District
6
Proposed
"T" Transition
40 acres +/-
Same
T.O.B. Streets Dept.
Same
Same
Town of Berthoud Police
Same
Same
Same
T.O.B. Wastewater
T.O.B. Library
T.O.B. Water
Districts:
Existing Proposed
Thompson R2J School District Same
Johnstown School District Same
Berthoud Fire Same
Weld County Library Same
Thompson Rivers Park & Rec. Dist. Same
Little Thompson Water District Same
Summary:
The road to be annexed is State Highway 56 and encompasses that portion beginning at Weld
County Road 3 east to within 1/2 mile of Interstate 25. The portion of the road to be annexed is
roughly 2.5 (+/-) miles long. The Town of Berthoud will work with the Colorado Department of
Transportation (CDOT) to determine what will be required of the Town as far as maintenance of
this road. It is anticipated that this agreement will mirror previous agreements with CDOT which
the Town has relative to the maintenance of portions of State Highway 56 and U.S. Highway 287.
Section 31-12-108.5 (a) (III)
Existing and Proposed Land Use Patterns
The properties identified earlier in this report are currently zoned by Weld County as A
(agricultural) and are currently being utilized for agricultural uses. The Town of Berthoud has
determined that these properties shall enter the Town with a similar zoning until such time that it
is necessary to rezone them. Map 4 of this impact report shows a visual representation of the
existing and proposed land uses for this area.
Section 31-12-108.5 (c) & (d)
Existing Infrastructure, Areas Surrounding Berthoud
The existing infrastructure located in the areas the Town of Berthoud will annex is generally
represented on Map 4 in this report. Items located on these properties and in the streets include
water lines owned and operated by Little Thompson Water District and the Town of Berthoud, as
well as electricity and gas lines placed in the utility easements adjacent to the road easements.
The Town is currently looking for a site to expand its wastewater treatment plant and potential
sites are identified on this map as well. If any additional lines or capacity are required due to
development, the Town will require the property owners requesting service to pay for this
expansion. As significant residential or commercial development will not take place in the next 2
to 3 years, the Town does not expect any new roads to be built in this area.
Section 31-12-108.5 (e)
Existing Districts
Listed below are the existing districts servicing the properties to be annexed:
Little Thompson Water District
Berthoud Fire Protection District
Johnstown School District
7
Thompson R2J School District
Weld County Library District
Thompson Rivers Park & Recreation District
Weld County Road Dept.
Weld County Sheriff
State Highway Patrol
Section 31-12-108.5 (0
Anticipated Impacts and Costs
The Town of Berthoud recognizes that there will be costs involved with annexing these properties
and has determined that these costs and impacts will be negligible to the Town and its citizens.
As stated earlier, in the analysis of each parcel, the Town will incur the cost of providing police
protection, and any required maintenance by CDOT along State Highway 56 and fulfilling the
agreements with Weld County regarding the maintenance of Weld County Road 3. Additionally,
the Town may provide water and wastewater to these properties at the property owners expense.
The impact on the Thompson R2J School District and the Johnstown School District is another
issue that the Town has investigated. The properties to be annexed currently reside in this school
district and pay taxes for improvements and expansion to the district. These properties are
currently in agricultural production with no residences located on them. Therefore, the potential
impact on the school district would be nonexistent if the current uses of these properties continue.
However, the Town is aware that change does occur and it is important for the Town to find a
way to reduce the impact on the school district if residential uses do occur. The Town of
Berthoud is currently working on a plan that would require land dedication for a potential school
site or cash -in -lieu of land. This would ensure that any increase in population would be off -set by
a dedication of land or fees in proportion to the amount of development impacting the school
district. The Town has also investigated the cost per child to the school district to build
additional schools. This cost is listed below in Table 6.
Table 6 Cost Per Child to Build a School
Cost to school district to build a school .er child
Elementa School $10,000.00
Middle School $12,600.00
Hi: School $17,500.00
The proposed Green Acres retirement community, which is located on a portion of the land in this
annexation is designed to be a community that will deed restrict the housing to only allow persons
over the age of 55 to live there. With these restrictions the anticipated impacts to the school
district is very low and the Town does not see this development impacting the schools in a
negative way.
Three Mile Plan
In compliance with Section 31-12-105 C.R.S. the Town of Berthoud has reviewed and updated
its three-mile plan, comprehensive plan and land use plan for these areas on December 19, 1996.
8
Map l
Map of Area to be Annexed
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PETITION FOR ANNEXATION
OF
TOLLGATE FARMS SECOND ANNEXATION
We, the landowners of more than 50% of the territory, which includes public streets
and roads, which is legally described on Exhibit "A", allege the following to be true
and correct:
CONTIGUITY:
1. The perimeter of the proposed annexation has a distance of 51,905.05 feet of
which 12,103.35 feet are contiguous to the existing Town Limits of Berthoud.
2. The above results in a minimum of 1/6th of the perimeter of proposed annexation
to be contiguous to the Town of Berthoud.
3. The proposed annexation contains approximately 106.013 acres with the acreage
devoted to the existing uses as agricultural, residential, public streets and roads and
location for public utilities.
4. We further allege:
a. It is desirable and necessary that the territory be annexed to the Town of
Berthoud.
b. A community of interest exists between the territory and the Town of
Berthoud.
c. The territory is integrated or capable of being integrated with the Town of
Berthoud.
d. The territory is urban or will be urbanized in the near future.
e. No land held in identical ownership is divided into separate parcels unless
the owner of said tract has consented in writing or joins in this Petition.
f. No land held in identical ownership compromises 20 acres and together with
improvements had an assessed valuation in excess of $200,000 in the year preceding
the filing of this Petition, unless the owner of said tract has consented in writing or
joins in this Petition.
g. No proceedings for annexation of the territory have been commenced for
annexation to another municipality.
h. The signers hereof comprise the landowners of more than 50% of the
territory proposed to be annexed exclusive of streets and alleys, and are in fact
owners of 100% of the hereinafter described property.
i. The petitioners acknowledge that there will be a significant period of time
before municipal utilities will be available, but anticipate that urbanization will be able
to take place at a pace acceptable to them without immediate access to these utilities.
Until urbanization takes place the petitioners intend to maintain their properties in their
current uses, which uses are acceptable to the Town of Berthoud.
Therefore, the undersigned hereby request that the Town of Berthoud approve
the annexation of the areas described herein.
/-6- 97
Date
Legal Description:
L�ollgate Farms, Inc. - Landowner
By: Jacob A. Fullenwider, Secr tary
Mailing Address: /79'• - )-7 ee
a6 ci7b
Date
Legal Description:
�G �ex- ?4
Date
Richard M. Green - Landowner
Mailing Address: A,VG2 5O DAC.L
Deuvet '4� 6 -oz.
Legal Description:
Dawne M. Green - Landowner
Mailing Address: ca a6a So
DeMtJzcfZ e -O , $O2?
g.- No proceedings for annexation of the territory have been commenced for
annexation to another municipality.
h. The signers hereof comprise the landowners of more than 50% of the
territory proposed to be annexed exclusive of streets and alleys, and are in fact
owners of 100% of. the. hereinafter described property. .
i. The petitioners acknowledge that there will be a significant period of time
before municipal utilities will be available, but anticipate that urbanization will be able
to take place at a pace acceptable to them without immediate access to these utilities.
Uncurrent uses, which usetBare acceptble to th
place
Town of Berthoud
omaintain eir properties in their
Therefore, the undersigned hereby request that the Town of Berthoud approve
the annexation of the areas described herein.
1-G-77
Date
Legal Description:
Date
% Tollgate Farms, Inc. - Landowner
By: Jacob A. Fullenwider, Secretary
Mailing Address: X79 .f�9aXt
Legal Description:
Richard M. Green - Landowner
iling dres
RESOLUTION NO. 17-96
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD,
LARIMER COUNTY, COLORADO THAT:
1. At a special meeting of the Board of Trustees on December 30, 1996, the
Annexation for Tollgate Farms Second Annexation was submitted to the Board of
Trustees by the Clerk as a communication pursuant to Section 31-12-107(1)(f), C.R.S.
The location of the property described in the amended petition was substantially the
same as the original petition with an amended legal description.
2. The Board of Trustees has reviewed the petition and finds that the
requirements set forth in Section 31-12-107(1)(f), C.R.S. have been substantially
complied with.
3. Pursuant to Section 31-12-108(1), C.R.S., the Board of Trustees hereby
sets the date for the hearing on the annexation petition for February 11, 1997 at 7:30
P.M. in the Town of Berthoud Board Room located at 328 Massachusetts Avenue,
Berthoud, Colorado. Notice of this hearing is being published.
4. The purpose of this hearing shall be to determine whether the area
proposed to be annexed meets the applicable requirements of Sections 31-12-104
and 31-12-105, C.R.S. and is eligible for annexation.
5. In the event the Board of Trustees finds that the statutory prerequisites for
annexation have been met the Board will hold a public hearing on the ordinance
annexing this property.
This resolution was passed by a vote of ea in favor and es opposed
at the meeting of the Board of Trustees on the 3 h Aay of December, 1996.
TOWN OF BERTHOUD:
Mary K. Cow , Town Clerk 'Richard Strachan, Mayor
The Old Recorder Newspapers
Lyons • Niwot • Hygiene • Berthoud • Mead
P.O. Box J
Berthoud, CO 80513
January 9, 1997
To Whom it May Concern:
The Old Berthoud Recorder began publication of the Petition for Annexation of Tollgate
Farms Second Annexation for the Town of Berthoud, Larimer County, Colorado on
January 9, 1997.
It is our intent to continue publication of this petition on January 16, January 23,
and January 30, 1997.
Please find an attached tear sheet indicating the publication.
Sincerely,
Anne B. Benson, ed.
Voice (970) 532-3715
FAX (970) 532-3918
THE OLD RECORDER • Jan. 9, 1997 • Page 19
FOR THE RECORD
Legal Notice
ORDINANCE NO. 756 •
AN ORDINANCE APPROVING THE ,
ANNEXATION AND ZONING OF LAND TO
BE KNOWN AND DESIGNATED AS THE
GREEN ACRES ANNEXATION TO THE
TOWN OF BERTHOUD, COLORADO
WHEREAS. • Pcddon fa Annexation louder with
seem copies of a Plat of said lad at rtquked by
ordinance were filed wish the Town of Berthoud by the
owners of one hundred percent (100N) of the area of
to lard hereinafter described: sad,;'
WHEREAS. the Board of Tmatees by moron at its
regular muting accepted said Petition and found that
to Petition subsunti.By complied with to *mutely
requirements set fond in Section. 31-12-104, 31.12.
105 and 31-12.107.CRS.; and. .
WHEREAS,thc Board ofTrusec.hadelenolad duo
an e lecdonia not tethered under Section 31-12.107 (2).
C.R.S. as prodded' Section 31-12-I I. CR.S.: and.
WHEREAS. the Bored otTuaees has dcemined that
d&tiaul semis aWcoc4itions were non be imposed
and that the Petition was signed by owners of new
hundred pert.. (100%) of the popny p1•p•e4 m
he annexed. exclusive of summand alleys. Therefore.
in accordance with Salim 31-12-107. C.RS. to
Bold ofTru tcs of the Town of Berthoud has deter.
mined that an ordinance to wee such led to the
uniip,ltty should be considered.
NOW. THEREFORE BE IT ORDAINED EY me
BOARD OP TRUSTEES OF THE TOWN OF HER-
. 111000, COLORADO::..
Legal Notice
Section 1.
Thuds lad described on Ecblb't'A' shall be known
and ducribed as the Green Acres Macedon to to
Town of Berthoud and is hereby annexed.
The parcel desmbed on Exhibit'A' contains 78.4
acres and is zoned Ag.Av,EoN.
EXHIBIT =A=
LEGAL DESCRIPTION
Atranoflandlaekd in the NE04 o150040n24,T4N,
R69W of the 6th P.M. County of lakncr, Sue of
Colorado, and in the 51R of Section 18 and the NW 1/4
of Section 19. in TIN, R68W of the 6th P.M. County
of Weld. Sam of Colorado, described as follows:
Beginning et the Northwest comer of said Section 19,
from which the N1/4 caner of slid Section 24 bean
108978'31' W, 2637.13 foot thence N00'05'IS'W,
30.00 fat Jong dm Wntr of the 5W1/4 of said
Section I8 to . line 3019) foot nonhedy as measured
at right angle. from end parallel with to Nonh line of
the NW I/4 of said $moon 19:
There N88'59'5•E253732feet Jong a line 3000
fat Northerly as measured at right angles from and
penile) with the Nonh line of the NW 1/4 of said
Salim 19 to a pint from which the N1/4 caner of
said Section 19 been 501'01'5'E 30.00 full
Thence SOI'OF5•E 30.00 but to the NI/4 caner of
said Section 19:
Thence SOP 18'36'W 1322.92 fat almg the East line
of the NW1/4 Section 19 to the Sodoatconer
of the NI/1 of the NW 1/4 of said Section 19:
Legal Notice
PUBLIC NOTICE
•
The Link Thompson Water District Bed of Directors has increased the water up fees effective on February I, 1997.15e
residential S/a' up sac kemased from 54.600 to 55200 end the larger sized ups have increased pcoponionatly. New
customers may purchase up et the old rate through January 31. 1997, however. all ups purchased must be physically
installed within 90 days from to date of purchase or the up fees coil a refunded. •
Meter
Sine
3rd'
Thy ' Radiate , Foe
Fee
$4600 .1- ;.$2300
113.260 -2J' h $5756
325160'
$37.440 8 $16.400
ADobotestl
(11 units)
1.0
2.6
J.6
6.6
84
Fee hula
Fee
17200 7O0
$5720 $1050
17920 $1750
$11110 00
118,180 $56 15600
NOTES:
Tap .its lamer than 2' will be charged a fee as set by the Bow of Directors.
Riches H.H. Whine,
Manger
Published In The Old Berthoud Recorder
Dec. 12, Dec. 26, 1996, Jen. 9, Jan. 23, 1997
4.7
Your Horoscope
Natasha's Stars
Up Fee
Feb.I
1997
35200
$10220
015,420
319120
$42,480
ARIES (March 21 'to April 19) ness or finances. it's a good week to
Partnership interests andtravel are get going on a project you've been
highly favored in the weeks ahead. .putting off, despite distractions. The
•.: Those in a committed relationship weekend isn't favored for spending
share a very special celebration. money for socializing.
Later in the week, a trusted adviser SCORPIO (October 23 to
has good news. November 21) A co-worker is going
TAURUS (April 20' to May 20) off on a tangent and needs to be given
There's something that needs to be a wide berth. Your new ideas on the
said to bigwigs, despite how difficult creative front are good ones, but you
it is for you. However, wait until the have to wait to implement them. That
holiday festivities die down. After special someone returns your roman-
- this, you make major" career tic feelings this weekend.
progress. The weekend favors SAGITTARIUS (November 22 to
relaxation and quiet activities. December 21) You are surprised at
GEMINI (May 21 to June 20) This how easily others agree with you this
is the time when you can see a per- week. Some find themselves signing
sonal goal reach its fruition. On the an important contract which bodes
social scene, you are at your popular well for the future. Friendships bring
best and positively shine in the spot- you pleasure this weekend as you
light. Later in the week, you impress bask in your social circle.
others with your good ideas. CAPRICORN (December 22 to
CANCER (June 21 to July 22) January 19) You start the week in a
Someone close to you is being overly somewhat soiled mood and you're
sensitive. In light of past run-ins with overly sensitive. Perhaps you've had
this person, it's best to avoid a con- too much holiday merriment. How-
frontation at this time. You make ever, talks conducted privately favor
headway on a difficult work project. financial interests and family mem-
LEO (July 23 to August 22) What bers cheer you up.
you've been considering on the AQUARIUS (January 20 to
career front receives an endorsement February 18) This is the week to sign
from a surprising source. Others on the dotted line conceming finan-
recognize your brilliant ideas and are cial or real estate deals. In fact, any
willing to be cooperative in your new sort of buying and selling is favored.
venture. Finances improve. An intriguing job opportunity is
VIRGO (August 23 to September about to arrive, but you must be open
22) You find you've shelled out extra to it.
money because of certain social ac- PISCES (Februa'ry 19 to March
tivitics connected with the holidays. 20) In your efforts to spiff things up
However, good times resulted and at home for the holidays, you spent
you find it's worthlit:Aphone call„ - too much money. This results in your
received this•weekenf is auspletoust,.rbudget being • blown to bits
1' This
LIBRA (Septembe ""23 to October weekend spend tame redrgamvng '
22)Seektiut"adviceconcemmgbusi="e`yo'tie.finafiee's: -
Legal Notice Legal Notice
Thence 589618'35'W. 2510.14 fat along the South
line of the Nl/2 of the NW I/4 of said Section l9 to.
line 30.W feet Eaedy as measured at right angles
from end paNkl with the West line of the NW 1/4 of
said Seedon 19:.
Thence N00'33'39'0.1165.77 feet Jong • line 30.00
fool Essedy as measured at right angles (ro.o and
parallel with the Wcstline of the NW 1/4 of said Section
19 teto Southerly right-of-way line ofColorado Sum
Highway No. 56:
The following five (51 courses and distance. are along
the Southerly fight -of -oily line of said Colorado State
Highway No.56:
Theme N89'10'45'W 61.30 fee,
Thence 943.42'31•W. 64.50 foot
Thence Nl9.42'01•W, 1252.63 feet m the Northeast
corner of Id 3, of the amended plat of lebo MILD.
85.76.87. as shown on the upended plat of said Echo
MAD. as recorded at Reception No.93090124 of dm
records of Lwimer County. Colado:
Thence continuing N89'42'01'4, 579.93 fat to an
angle point in to Noel line of said amended pad of
Bebe MAD.:
Thence N85.58'01'W. 749.64 f alma de NoM-
edy Mc of said a temted plat of Bebe MAD. to de
Wca line of to NEON 015.1 Section 24:
Thence N0075'5'E 4830 fm .long the West live
of etc 901/4 of said Seaton 24 to the NI/4 comer of
said Sutton 24:
Theme 589387I'E 2657.13 feet along to North
line of the NE 04 of said Section 24 to the Northwest
tuner of said Section 19 end de POI
NT POT OF
BEGINNING.
EXCEPTING therefrom la 1, ,eroded Eauspion
No. RE )472. as rtcaded in Book 1369 as Rcap50n
No. 2321003 of the Records of Weed County, Colo-
rado.
Section 2. Emergency Clause:
The Bow of Trustees rnd, that an emergency exists
and that annexation is necessary to preserve the fiscal
integrity of the Thwn: to prtuent urban sprawl: to
ensure sower and w.0.11.bk a the
w• mod, to minimize de health, safety and welfareconce
through the provision of puce ,erv'ce,. mA
ordinance is to take ego immediately upon puerile
this 30th day ofDcumber, 1996by•vac of foraul
D opined.
TOWN OF BERTHOUD:
Riches &ratan. Meyer
ATTEST
May K. Co W in, Town Clerk,
Published )a The OW Berthoud Recorder
lathery 9, 1997
Legal Notice
ORDINANCE NO. 757 ' ,
AN ORDINANCE APPROVING THE
ANNEXATION AND ZONING OF LAND TO
BE KNOWN AND DESIGNATED AS THE
TOLLGATE FARM ANNEXATION TO THE
TOWN OF BERTHOUD. COLORADO
WHEREAS. • Petition for Annexation together with
seven copes of a Plat of said and as requked by
adi.nce were filed with to Town of Berthoud by the
ownen of one hundred Anent (100%) of the wa of
the and hereinafter described: sad.
•
WHEREAS. de Bow of Trustees by motion at is
regular mating acepied old reddest and found that
de Petition substantially complied with the su0mry
rtquirt0ew set NM in Sections 31.12-104, 31.12-
105 and 31-12.107, C.R.S.; end.
WHEREAS.dte Board ofTmstees has detem ned that
an cLetionhs not required underSection31-12-107(2).
C.R.S. as provided in Sado 31-12.1II,C.R.S.: and,
WHEREAS. the Bond of Truces hasdetermined that
additional arms and conditions were not to e imposed
and that site Petition vas signedby owners of one
hundred Anent (I5%) of the property proposed to
be ennead, exclusive of meets and alloy,. Thereto,
in accordance with Secdo, 31-12.15. CRS:. the
Bow of Unless of the T of Berthoud hu deter-
• ined that an adaance m annex such ad to the
municipaaryolmuW becoruidecd... .
NOW, THEREFORE, BE IT ORDAINED BV•
TOE BOARD OF TRUSTEES OF THE TOWN
- OF BERTHOUD, COLORADO: .
Section I.
That the and ascribed on ExhibitA•,hall be known
and deacvibed as the Tollgate Farms Annexation le the
Town of Berthoud end is hereby a,nexcd.
The parcel described on Exhibit •A' contains 90.940
acres and Is Bawd Agri[dtud. . •
EXHIBIT "A"
LEGAL DESCRIPTION
A ven of and located In the 0/2 of the NW I/1 of
Section 19. and in theS 192 of the NEI/4 of Section 19,
all in TIN. R68W of to 6th P.M.. County of Weld.
State of Colordo, described as follows:
Commencing at the NI/4 comer of said Section 19,
from which the Northwest caner of said Section IS
bears 588'59'00'W. 2357.81 feet, thence
501.18'36'W. (322.92 fat along the Eau lac of de
NW I/4 of said Section 19 to the NOMweu comer of
the 51/2 of the NEI/4 of said Section 19 and the TRUE
POINT OF BEGINNING; ...
Answers to Super Crossword
Then S89'18'33'W,2510.14 fat along the South line
of the N1/2 of the NW 1/4 of said Section 19 to o line
30.00 feet Easterly as measured a right angles from
and pudic] with the West line of to NW I/4 of said
Sutton 19; •
Thence 500'33'39'W. 100.00 fat Jong • line 30.00
troEasterly measured arigh, angles tomsd parallel
with the West line of the NW 110 of said Section 19:
Thee 589'26'21'E, 2500 foot to • Bu 3503 feet
Eau as wneuuM at right angles from and parallel with
the West One of the NW 1/4 of said Becton 19:
Theme S0073'39'W.1197.62 fuel along a line 5500
fat East a ncasored insight meat finet end puJ'I
with the Wart line of the 109 1/4 of Said SEctioo 19 to
aline 1000 fat North as maluad at right males nom
and penile' woh the Eat -War amebae said sea
'n 19:
Thence 989.38'26'E 100fect Moog a line 1000 fat
North as measured at right englen from end parallel
with the East-West centerline of said Section 19:
Theme N00.33'39•E 1000.00 fat parallel with the'
Wca lice of the NV/1/4 of said Section 19:
These N8W38'26'E 2600.00 tut parallel with do
East-West centerline of said Seth. I9:
Theme 50011'34'E, 999.87 fat at tight angles horn
she Eau -Wog centerline of said Sectioe 19 to a line
10.00fet Nod, as immured at right angles from and
parallel with to Ew-Wcu centerline of said Section
19:
Thence N89.38'26'E2316.49 feet along •line 1000
tat North a lammed alright maks framed parallel
with the Esc -Wart Centerline of aid Section 19 to a
tare 40.00 feet Wossedy as oleasurtd u right angles
from and parallel with the East line of to NEI/4 of
said Section 19;
Thence N00.32'14'E 1307.01 feet along a line 40.00
feet Woody as measured at right angle. from and •
parallel with East line clew NEI/4 of said Servo 19
o • Mu 10.00 fat South as measured at right angles
from and parallel with the NOM Anne of the SI/2 of the
NEI/4 of said Section 19:
Thence 589'32.22.W. 2547.35 feet along a line 10.00
fat South as measured at right angles from ad parallel
with the NOM line of the 51/2 of the NEI/4 of said
Saxon 19to to East lie of de NW IN of said Section
19:
Theme N01.18'36'0 10.01 fat along the East line
of the NW 1/4 of said Section 19 to the TRUE POINT
AREA= 98910 mica. Mort or less.
Taal periphery of area w be annexed w 14,71519
1/6th Toed periphery w 2.45225
Cowguiry ordinance of arra
adjacent mcirylimiu u 2.510.(4
Section 2. UeoRency CLuae:
The Board of Trustees fads that an emergency caw
sad this annexation is •ucaury to preserve the fiscal
integrity of 0te Town, to porter urban mewl: to
ensue sewer and water,oeowo w available in the
area: and. to midmta the health. safety and welfare
comma through the povidan of police navies This
ordinance ism take effect immediately upon passage
this 30th day of Dwsobcr, 1996 by • vote of forced
0 oppose&
TOV/N OF BERTHOUD:
Riches Suuhan, Maya
ATTEST
M7y K. Cowd',T Clerk
Published In The OW Berthoud Recorder
January 9,1997
Legal Notice
PETITION FOR ANNEXATION
OF
TOLLGATE FARMS
SECOND ANNEXATION
We. de landowners of more than 50% of the territory.
which includes public snort. and rods. which is le-
gal)ydescribedo E,eat'A',.Ilege the following n
benm and come
CONt'GUr1Y: '
I. The perimeter of the proposed uneatim has •
distance of 51.505.05 feet of which 12,103.35 fen arc
condoms, to to existing Town Inuits of Bednu&
1. The above results n a minimum of I/6th of 9e
perimeter of proposed enexaom to be contiguous to
the Town of Bedmd.
3. The 106.013e.with po on sid xencontainsappeoxlmeely
acreage devoted teteaatag
uses as agricultural, cJdcdsl, p0160 straw sad
"roads and 'motion for public utilities. ,
4.We fuoher allege:
a.11 is desirable and necessary that the unitary and the
Town of Berthoud.
•
b. A mmmuniry of interest exists between the territory
and the Town ot Berthoud..
•
c. The unitary A inkgr.aed orcapable of being'u-
grated with the Town of Berthoud.
d. The territory b tutu or w01 be urbanised in the au
e. No ad held in idcn4ol ownership ls divided into
separate patrols a
unless de owner of said wen h
mo
unted In writing or joins in this Petition.
Leto land held in identical ownenhipoompanle, 20
nu and together with improvements had an hued
valuation In excess 01525.000 to to year preceding
the filing of this Petition unless the owner of said use,
has consented in writing or joists in this Petition.
g. No proceedings for mutation of the lathery have
buneommeud for annexation mandermunitpJ-
iry.
a76e signerseeofcomprise the landowners of more
dun 50% of the emmry, proposed to be annelid
exclusive of suns sod AMA, and w in fact owe0
f 100% of the hereinafter described property..
I Theo e0period hmdwionm. a tp,e lhio he":'
w, be nnevcachofkm before municipal udlideswW t.
but anticipate that uthanizarion will be
able to take patenepee um:pubic,0 them without ••,.
Legal Notice
immediate west to dose utilities. Until urbanisation
sake. place to petitioner. intend to maintain their
properties inthet cencatues.whichemsueaacp-
able to the Town of Berthoud.
Therefore. the undersigned hereby Inquest due do
Town of Berthoud approve the amcadon of the areas
described herein
Tollgate Farms. Inc. - Landowner
By: Jacob A. Fulknwider. Scceswy
Dec. 16, 1996
Richard M. Green - L, downer
2262 So. Dallas
Denver. CO 80231
Dec.26.1996
Dawns M. Gran - Landowner
2262 So. DJ W
Denver. CO 80231
Kay Gun
Jerald W. Green
EXHIBIT
LEGAL DESCRIPTION
Thou portions of Sections 15 through 22. Township
North. Range 68 War of the 6th P.M. Weed County.
Colorado. descried es follows:
•
Beginning et the Northwest caner of O0 South Ii,1f
of the Nonhuat Quarter of said Smith 19: thence
along the NOW, Sac of said South Hanoi the Nadeau
Quarter North 89'32'22' Eat 2S5722limn te West
lighlof+wy line of Weld Camry Rod No. 3: thence
along said West right-of-way tam Nor 0032' 14'
Eau 147532 fat as the NOM tights( -cosy line of
Colorado State Highway No. 56: thecae .ens said
North rightof-way Anne dCobedo Highway No. 56
to following filmes (15)courses and distances,
I) Nonh 88'49'43' Eau 60.4 feet •
2) South 46.111.30. East 70.70 feet
3) Nutt 88'5070' Eau 26720 feet o the Maiming
of amine concaves° t c South. having • antral angle
of 02'0/'f0• end • radius of 2299500 fut. to mad
of which bean North 89'52'70' Eau foe 829.40 fees
4) thence Easedy along the sae. of said curve 829.44
(ac
5) South 87.5770' East 792.90 feet
6) NOM 88•]7'00' East 819.50 feet.
7)Nonh 85'0410' Eau 1040.00 tut to the beginning
of scum concave to to South. laving a aural angle
of W'41'01• and ardius of 7715.00 feet the mad
of which be. NOM 88.49'30' East for 6)030 Let
8) thence Easterly dons to nue of said curve 630.68
fat
9) South 87'0330' P st 751.0JWS
10) NOM 44'51'30' East -69.1010 fat
I I) South 88.50'5' Eat 28.21 feet
12) NOM 89'22'42' Fat 28.79 fee:
13) South 41.36'01' Eat 72.50 foe
14) North 89'21'03' East 5218.83 fat
IS) NOM 89.05'33' an 2663.01 feet
to the East line of the Smthvw Quune, of aid
Section IS; thence along said East line South
00.34'5' Eau 31.90 feet to the Ew lint of the
Northwest Quarter of said Section 22: dunce along
said Eau line South 00'24'5' Ent 92.90 Mum to
South righcol-cosy line of Highway 56: t coo Jmg
said South right-of-way one the following menry-five
(25) moues and distances:
I) South 88'2 I'00' West 29330 feet
2) South 89'08'30' W.1 1960.70 feet
3) South 89.22'32' West 408.87 fac.
4) S040100'23.00' East 50.00 feet
S) South 89'19'16' West 29.96 feel:
6) 50th 45.31'5' West 70.60 fac
7) South 89'22Y0' West 2568.90 fee,
8) South 89'12'00' Wcs02287.50 fa110 the beginning
of amine comae.° the Nonh, having accord angle
of(10.41'55' and a radius 0122995.00 fees de chord
of which bean South 89.43'5' West for280.40 feet:
9) theme Westerly along the w of said curve 280.40
10) South 44.5'30• West 7030 feet
I U South 89.24'08' West 28.70 feet:
12) NOM 8877'00' West 2820 fee,
13) NOM 45.05'30' West72.20 feet to de beginning
of • curve 00oc.oe to the NOM, laving a central angle
of 5°42'38' and a radius 01 22995.00 feet the chord
of which bean North 89.11'30' West for 285.20 feel'.
14) thence Westedy .long the of said curve 28520
fat:
IS) North 88.50'00• Well 471.80 fat
16) NOM 88.26'5' West 500.40 far,
I7) South 88.37'5' West 20700 fat:
I8) South 83'56.00' West 602.50 fee,
19)South 86.29'5' West 604.20 keno de beginning
ofacurve concave to the North, having •anti angle
of 0' and a radius of 771500 fut, the chordof whic0'Oh h bean South 8x42'5' Wst for 595.70 feu:
20) thence West.dy along the Ile of said curve 595.85
fat
2 U North 89'03'30• West 792.70 fat
22) North 85'6'30' West 36320 fee,23) South 88.331.30• West 319.5 feet,
24) South 88.43'30' West 410.80 fat
25) South 43.43'00' West 70.80 feet .
to the Fits right -of -won= of Weld County Rod No,
3: dons Jong said East rightof-way line of Weld
County Rod No. 5 South 00.32' 14' West 2572.80
fat Bence South 10'49'5' West 30.5 fat to the
Eat Qarer caner of Section 19: thence aloe. the
East-West Centerline of said Section IN South
803626' West 3097.56 fat to a'e 3000 fat
Easterly. as measured at right antics from and parallel
with theWest line of the NoMwest Quarter of said
Section 19; thence along said parallel line NUM
5"33'39' Earl I2O8.02 fact to the Southerly boundary
line of Tollgate Fame Annexation to the Town of
Berthoud: deae along said Southerly boundary line
and the Eat and Nor boundary lines ofaid Tollgate
Farms Anaasdon M A.Towno(Berthod the follow-
ing don (10) trouser. and distences:
I) South 89.36'2)' East 25.00 fee,
2) South 00.33'39' West 1197.62 fed:,
3) NOM 89'30'26• East 100.00 fac
4) North 5.33'39' Fat 100000 fee,
5) 10031 89'38'26' East 2600.00 far,
6) South 00'21'34• Eat 999.87 feet
7) NUM 0970'26' Eat 2316.49 fat
0) NOM 0032'14' East 135.01 fat:
9) South 89.3272' West 254735 fac
10) Nonh 01.18'36' Ea, 10.01 feet
to the :other of Beginning. Containing 106.013 VMS
more or less..
TO ALL INTERESTED PARTIES You are hereby
given notice the Bond of Tmstos of the Town of
Berthoud will hoed • public hearing for this proposed
annexation. The public hearing will be held on To.,,
day. Fcbroary I I, 1997, in to Bow Roam of Town
Hall, 328 Massachusetts Avenue. OCMod.Co. begin-
ning at 7:10 p.m.
TOWN OF BERTHOUD
Mary K.Condln,T Clerk
PuWand he The Old aerlhiod Remoter
is.. 9. Jan, 16, J•m 23, Jan. 30,1997 .
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