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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 /C;Catc,/-11 gd/ / °`/ I% 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 i/ 0 C\) { r`) LX�I '' a • ill X CL 4 ; L _.- N. 6 r 1 O W q H FY • w a r_ coOo ci zN H . u) G-, 0 two ,i r co 0 IricoH •--I (O <II r'i-1 H (1) (i] U.) • C/i / 0 o<1Q Cl) W9.. ' xw M o 0 o O E. 1v) V r f l i 0 1 :--) r4 p PC 1 U Inu) • i 0E • I O H 0 W m TOLLGATE r MAYOR'S CERTIFICATE W id L i Ulm id IL. U. Li. Inc in Mr -Q rioui O N U Ip OI NN• - •••Nit) Ix .. I.I K rir ion:- id N1 d • •1l t7 COLORADO :i • `•Li o, ' N ,./ > fO / 1 ;,`,441 flap G Present and Proposed Town Boundaries I / /I1 - r / �1 ' • gi a •1 r t.--_, I� C Map 3 Existing Infrastructure, Town of Berthoud H.1. 1.1 )oP - IT nNonns'oN n94 • Val" �II'(Ht!IIIt (+I'g{Iti di1 t 1„ ti IL' II • ZONING [2T • rncr[ss1o+._s.�c1 O J" 1 a C o o o 3W � Q 3 0l 2 L O N po CC N In n >..• c 0 Map 4 Existing Infrastructure, Areas Surrounding Town x 0 •• 1" -> -,ioN‘ N LL 1 • Existing Land Use r • U C "0 U O G 0 • V -;‘ 'i • • • • 1` • 1/ 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 . 3NII uory \ J _ �Rq •6 Vt. 'ON 'OD 0 ii 1.1 if /l MI I II:IIVYI 11. 7g. Ls z St Hello