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Home My WebLink About972101.tiffAugust 22, 1997 Page 2 Frederick Area Fire Protection District P.O. Box 129 Frederick, CO 80530 Carbon Valley Recreational District 555 8th P.O Box 119 Frederick, CO 80530 Certified Mail No. Z 339 952 881 Certified Mail No. Z 339 952 897 Re: Doering/Modrall - West Parcel Annexation to the Town of Frederick To Whom It May Concern: IN COMPLIANCE WITH THE PROVISIONS OF SECTION 31-12-108(2) C.R.S., please find enclosed a copy of the published Notice, together with copies of the Resolution and Petition, concerning the annexation to the Town of Frederick of territory therein described. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners of the County, the County Attorney and to each Special District or School District having territory within the area to be annexed. KNB:mde cc: Town of Frederick Enclosures a-, lu«cf 0 '/37/07 Very truly yours, /40,/?, llC2 Kristin Nordeck Brown PL) 1 L;PWjc l;so)C>l 972101 n r ,i The Law Offices of SAMSON & BROWN Richard E. Samson' r Kristin Nordeck Brown Scott J. Smith Alan D. Carlson Of Counsel Clerk of the Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Bruce T. Barker Weld County Attorney P.O. Box 1948 Greeley, CO 80632 St. Vrain Sanitation District 515 Kimbark Street Longmont, CO 80501 St. Vrain Valley School District 395 S. Pratt Parkway Longmont, CO 80501 Northern Colorado Water Conservancy District P.O. Box 679 Loveland, CO 80539 Central Weld County Water District 2235 2nd Avenue Greeley, CO 80631 Left Hand Water District P.O. Box 210 Niwot, CO 80544 Tri-Area Ambulance District P.O. Box 708 Frederick, CO 80530 A Professional Corporation 515 Kimbark Street, Suite 105 P.O. Box 1079 Longmont, Colorado 80502 Telephone (303) 776-1169 Facsimile (303) 776-5444 August 22, 1997 Certified Mail No. Z 385 248 765 Certified Mail No. Z 385 248 766 Certified Mail No. Z 339 952 896 Certified Mail No. Z 339 952 883 Certified Mail No. Z 339 952 887 Certified Mail No. Z 339 952 882 Certified Mail No. Z 339 952 898 Certified Mail No. Z 339 952 886 972191 NONCE OF PUNIC its NOICE IS HEREBY GIVES. that to Board of Trustees of the Town of Frederick. Colorado has azcped a Resolution Initiating annexation proceedings for the Doering Mood West portion , sold Annmalon being more particularly described In the Idowing Me Board of Tutees of the Town Frederick will hold a Pubic Hearing connrricng at 7:30 o'clock pm. Thursday. September 25. 1997. ate Town of Frederick MUYtpa .qp, 3335th Skeet. Fredsea.CabladoBEMO tor t.asposeadete.—...e ter the properly proposed to beamed meets to aplOcma reoasnarb a t o aa.es of the State of Colorado ova N elude for nat e.o the Town of Frederick aneto deMrnkat e zoning ofleproasscla vneolon.Re bring requested N P.O.D. Dated is tan day of August. 1997. TOWN OF FREDERICK COLORADO M Kann lorewsk. Town OM INKILINIOMTIG was. 1RM9FAt o peabnteraensdcn efasslall prepeeV bear with M Bored of TnYes at the Town of Frede.'Je and ati:J ,1:i W EREAt the Boarder austere Om renewed the peeeot are WHEREAS. the Board of Tireless wishes fe petmit simultaneous or annexation and or zoning. If requested In the gallons and - .. Mersa the load of lreeees has reviewed to psalm and desires to edogebyRe.rerecehandng.nsegod lolyemelons NOW. TIeean E. BE IT RESOLVED BY TIE BOARD OF 1RUSIEES OF TIE TOWN Ob FREDERICK COLORADO. AS FOLLOWS 1. The pennons. whole legal- descdplonsalachedtserooEst tit Amdincorporceedbmelesenceherein. are In abJmW compliance wet to applicable laws af. The State of Ceforado. . 2 eoetedo begiaedundera. 131-12-107(2). • a.Noaddmndt.m.awcandllons :me to be Imposed except those prmoed for In rte petitions. albs load of Melees we Mad a public he.kig for the purpose of dele.YYngRt.prepaedaa.salion donee. ugh CAS 131-12-101. and zs.ept.ablectprepeitytre ceded in te poleax at lie Frederick Town Hd Frederick. Colorado ME36 at the .lowing this and date .. - tm..doy. September M. 1997 at 7:33 5. Any Moan hey Gan at such hearing alt preremd evidence fie to the proposed annexation a the papeed zoning. 6 Upon competion of Me Makq, the made Rudest Mal set MIR by .kman, lb endings and conclusionsconclusionseth istererce to a Shay a the propae regsw.px aidepropwheeler ed ffaMdoYre W ioanbtaU.proposed anedonImebeenm store lath.. we determine appropriate a the appropriazoning of Me sat popery t requested in floe petNdx 7.lithe loadaTrreesscencode. by resolution, that aN Statutory ragman e have been met and Mai Me proposed annexation N Proper aoetekeeateMee oColorado, the load a Trustees Nd pass an ordinance annexing It.. sublect property o the Town of Frederick. and that pm an ordnance axing the m asat property if requested Ni the Pat Non INTRODUCED. READ. SIGNED AND APPROVED TIM 14111 DAY Cf AUGUST, 1997. TOWN OF FREDERICK By EdwardJ. Tate, Mayor AMP Karen Bakowstl, Town Clad OMIT A The Nomlheae Ornate of Section 27. Towraip2NORIH Ranpala Wets the 6TH ►-M. Except that pacer conveyed to the DEPARTMENT of ag,woys. Side a Colorado In Deed. recorded In Book 1503aPage50nCornlyaWela mate at Colorado. Prbsre0 In Me Fans • eels. August 20. 27. Smarter 3. 10. 1997. 972101 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Frederick, Colorado has adopted a Resolution initiating annexation proceedings for the Doering/Modrall - West Parcel Annexation, said Annexation being more particularly described in the following Resolution. The Board of Trustees of the Town of Frederick will hold a Public Hearing commencing at 7:30 o'clock p.m., Thursday, September 25, 1997, at the Town of Frederick Municipal Building, 333 5th Street, Frederick, Colorado 80530 for the purpose of determining whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Frederick and to determine the zoning of the proposed annexation. The zoning requested is P.U.D. Dated this 14th day of August, 1997. TOWN OF FREDERICK, ��COLORADO By: e �OAi ,>�ku ru 74— K en Borkowski, Town Clerk Publication Dates: 8/20/97, 8/27/97, 9/3/97, and 9/10/97. 972191 RESOLUTION NO. 97-R-28 WHEREAS, a petition for annexation of certain property has been filed with the Board of Trustees of the Town of Frederick; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petitions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS: 1. The petitions, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, are in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. §31-12-107(2). 3. No additional terms and conditions are to be imposed except those provided for in the petitions. 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.K.J. 33i -i2-104, and zoning the subject property if requested in the petition, at the Frederick Town Hall, Frederick, Colorado 80530, at the following time and date: Thursday, September 25, 1997 at 7:30 P.M. 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass an ordinance annexing the subject property to the Town of Frederick, and shall pass an ordinance zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED THIS 14TH DAY OF AUGUST, 1997. TOWN OF FREDERICK By Al 'EST: "item 444 aren Borkowski, Town Clerk 972191 EXHIBIT A The Northeast Quarter of Section 27, Township 2 North, Range 68 West of the 6th P.M., Except that parcel conveyed to the Department of Highways, State of Colorado in Deed recorded in Book 1505 at Page 508, County of Weld, State of Colorado. 972101 PETITION FOR ANNEXATION DOERING/MODRALL - WEST PARCEL The undersigned hereby respectfully petition the Town of Frederick to annex to the Town the territory shown on the map attached hereto and described as follows, to -wit: - The Northeast Quarter of Section 27, Township 2 North, Range 68 West of the 6th P.M., Except that parcel conveyed to the Department of Highways, State of Colorado in Deed recorded in Book 1505 at Page 508, County of Weld, State of Colorado. In support of this petition, the petitioners state: 1. That it is desirable and necessary that the above described territory be annexed to the Town. 2. That the requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: 2.1 That the petitioner is the landowner of more than fifty percent (50%) of the territory, excluding streets and alleys, herein proposed for annexation to the Town. 2.2 That not less than one -sixth (1/6) of the perimeter of the above described territory hereby petitioned to be annexed to the Town is contiguous to the Town limits. 2.3 That a community of interest exists between the above described territory and the Town, that the same is urban. or will be urbanized in the near future, and further that said territory is integrated or is capable of being integrated into the Town. 2.4 That, in establishing the boundaries of the above described territory, no land held in identical ownership, whether consisting of one (1) tract or parcel of real estate or two (2) or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road or other public way. 2.5 That land in one (1) ownership comprising twenty (20) acres or more, which has an assessed ad valorem tax value in excess of two hundred thousand dollars ($200,000.00) for the year preceding annexation, shall not be included in the annexation without written consent of the owner unless the parcel is located entirely within the outer boundaries of the Town as they exist at the time of annexation. 3. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. 4. The annexation of the territory proposed to be annexed will not result in the detachment of area from an school district. 5. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. 6. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, GctientstTalepfrededckl\annexation petition 2.doc 03/10/97 3:00 PM - JCG 972101 character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. 7. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 8. Accompanying this petition are four copies of an annexation map containing the information following: 8.1 A written legal description of the boundaries of the area proposed to be annexed; 8.2 A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; 8.3 Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; 8.4 Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as of the January 1 next ensuing. Zoning: Petitioner requests that said territory be zoned P.U.D. It is anticipated that the parcel will be used for Mixed Use - Residential, Business and Industrial purposes under the Town's Zoning Ordinance. Fees: A nonrefundable fee of $500.00 shall accompany the petition. Additional costs covering publication, attorney's fees, engineer's fees, recording fees and any other reasonable expenses by the Town shall be itemized by the Town Clerk and paid by the petitioner before approval of the annexation. Petitioners hereby respectfully request the Town of Frederick approve the annexation. Jerri Lynn Doering 241 Sherwood Court Longmont, CO 80501 James W. Modrall 4590 Granby Circle Colorado Springs, CO 80919 Gctients/thale0rededckl1annexall0n petition 2.doc 03/101973:00 PM -JCG 972101 DATED: 7 - )-3-c77 PETITIONERS: rri Lynn/ Doe i , as Co ersonal epresentative of the Estate orraine Miller 9 ames W. Modrall, as Co -Personal Representative of the Estate of Lorraine Miller Legal Description of Property Owned: The Northeast Quarter of Section 27, Township 2 North, Range 68 West of the 6th P.M., Except that parcel conveyed to the Department of Highways, State of Colorado in Deed recorded in Book 1505 at Page 508, County of Weld, State of Colorado. G'kllentsttalepkedetkknanneXatlon petition 2.doo 03/10/97 3''00 PM • JGG 972101 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) KHILEEN B. FLYNN , being first duly sworn upon oath, deposes and says the he was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of 4 pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. Subscribed and sworn to before me this 2,3r4day of Khileen B. Flynn Witness my hand and official seal. My commission expires: uycEciies 12/87000 G Wilente h halet iretlarkklannexation petition 2.cloc , Circulator 0110/973-.00 PM -JCG 972101 NORTHERN COLORADO WATER CONSERVANCY DISTRICT P.O. Box 679 Loveland, Colorado 80539-0679 1250 North Wilson Loveland, Colorado 80537 Phone (970) 667-2437 FAX (970) 663-6907 'I'llPr DIRECTORS BOULDER COUNTY G RayncidJgs La MBba And W,ighS LARIMER COUNTY Mike /Wanes Wi@am H. Brown A48'arieA. MNmd WED COUNTY WI@en E. &Mender Kenton Brunner Jar), Whams WASHINGTON AND MORGAN COUNTIES E. L Cornea LOGAN COUNTY William Cordon SEDGWIIX COUNTY George Jenks DIRECTOR EMERITUS tV D Der OFFICERS W'r@an E. Bokknder. President E. Camw, Vice Prtddent EdW Wilkinson, Secretary Dwell D. Zlmbelman, Thorne? Chief Engineer LEGAL COUNSEL Trout ee Raley, P.O. IP5 Sherman Sueet Suite 1300 Denver, Colorado 80203 CONSULTANT J. R. &akky May 16, 1997 Mr. Cameron A. Grant Grant, Bernard, Lyons & Gaddis Attorneys -at -Law P. O. Box 978 Longmont, CO 80502 Dear Mr. Grant: In response to your letter dated May 14, 1997, the parcel of land owned by Doering/Modrall located in the SEY of Section 14 and the NE1 of Section 27, Township 2 North, Range 68 West is located within the boundaries of the Northern Colorado Water Conservancy District. Yours very truly, /rl % Marilyn L. Conley Head, Allotment Contracts Department MC 9k72101- CENTRAL WELD COUNTY WATER DISTRICT June 4, 1997 Cameron Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street Longmont, CO 80502-0978 RE: Petition for Annexation to Town of Frederick: Haley Land Company, LLC; Solomon 77, LLC; Del Camino South, LLC; Doering/Modrall Dear Mr. Grant: Pursuant to District policy, please submit a $1,000.00 study fee for each of the above properties to allow the District to proceed with determining the impact of each on the existing system and any line extensions that may be required. Also, please submit a copy of a site plan, if no plat is available, of the property to allow the District to determine the location of any easements required. Additional easements may be required in the future depending on your final development plans. If you have any questions regarding the above, please advise. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J. L. Walter Staff Engineer JLW/ca 972101 ,. , �..__.1.. 011111 _ b un� a. -t 11Qf . n,h W 7.1.40 feneral Mann LEFT HAND WATER DISTRICT May 28, 1997 Cameron A. Grant Grant, Bernard, Lyons Sr Gaddis 515 Kimbark Street P.O. Box 978 Longmont, CO 80502-0978 Dear Cameron: A preliminary review of the annexations to Frederick outlined in your letter dated May 14, 1997 shows that Haley - NE 1/4 Sec 22: This is within LHWD, west side of I-25, north of Indian Peaks. No tap request ever been done to my knowledge. Del Camino (MUD tank) zone. Could possibly be served from 8" along I-25 frontage with looping to proposed 16" tank line, depending upon fire flow requirements. Haley - NW 1/4 Sec 23: This is east of I-25 and within CWCWD service area. Solomon - S 1/2 SW 1/4 Sec. 14: This is east of I-25 and within CWCWD service area. Del Camino South - N 1/2 SW 1/4 Sec. 14: This is east of I-25 and within CWCWD service area. Doering/Modrall - SE 1/4 Sec. 14: This is east of I-25 and within CWCWD service area. Doering/Modrall - NE 1/4 Sec. 27: This is within LHWD, west side of I-25, south of Indian Peaks. This would have to be on same pressure zone as Indian Peaks due to high elevation - could not be served by MUD tank. Could possibly be served from 8" on WCR 18, but would probably require additional upgrading on Hwy. 52. The above statements are not commitments to serve until all requirements for service have been met. In order to address the specific requirements for service to the two properties included in the District, tap review requests must be submitted and engineering fees paid. Sincerely, Kathy Peterson General Manager 972101 P.O. Box 210 • Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 Tri-Area Ambulance District 204 Oak Street • P.O. Box 708 • Frederick, Colorado 80530 May 21, 1997 Grant, Bernard, Lyons & Gaddis 515 Kimbark Street Post Office Box 978 Longmont, Colorado 80502-0978 Reference: Doering/Modrall SE%ofS14 NE' of S 27 Mr. Cameron A. Grant: It has come to the attention to the Tri-Area Ambulance District that you have requested the annexation of your property to the Town of Frederick. Enclosed is Frederick's Ordinance No. 431, which requires inclusion of your property into Tri-Area Ambulance District as a condition of annexation. Also enclosed is a petition for inclusion into the Tri-Area Ambulance District and instructions for completing the petition. Please complete the petition for inclusion, and return it to the District at your earliest convenience. Upon confirming the adequacy of the petition, we will confirm its filing with Frederick so that your annexation request is not delayed by this requirement. Should you have any questions on the inclusion petition or the process the District will use to consider it, please feel free to call me. Sincerely, Milieux, , Marcia L. Modrell Administrative Office Manager Tri-Area Ambulance District CC: Karen Borkowski, Frederick Town Clerk Board of Directors Tri-Area Ambulance District Robert G. Cole, Esq. Phone: (303) 833-4824 972101 Fax: (303) 833-3772 �e�e��xors< (303) 7769570 cSt. (Main cSanitation iNsttiat (cSaint cSaa) June 11,1997 Mr. Cameron A. Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street, Suite 200 Longmont, Colorado 80501 Re: Doering/Modrall Petition for Annexation to Town of Frederick 515i‘tirs[atG cSt., cSuite /09 -Cors9irsorst, CO 80501 Dear Mr. Grant: The Doering/Modrall property located in the SE 1/4 of S14 and the NE 1/4 of S27 is within the St. Vrain Sanitation District service area. The SE 1/4 of S14 property lies adjacent to the District's Godding Hollow trunk line and can be readily served, while the NE 1/4 of S27 property is one-half mile east of said Godding Hollow trunk line and requires 1-25 bore to serve. The property covered by this petition is not presently within the District; it must petition for inclusion as a prerequisite for service. Very truly yours, ST. VRAIN SANITATION DISTRICT LDL:mcj L. D. Lawson, P.E. Manager 972101 fzedezich o4zea ,fine 2wtection fDieteict 31 WALNUT DR. - P.O. BOX 129 - FREDERICK, COLORADO 80530 Emergency 911 May 20, 1997 Grant, Bernard, Lyons & Gaddis 515 Kimbark Street P. 0. Box 978 Longmont, Colorado 80502-0978 Ref: Haley Land Co, LLC Del Camino South, LLC Solomon 77, LLC Mr. & Mrs. Eric Doering Mr. James Modrall Mr. Jim Neeman Business: 833-2742 Dear Mr. Grant; The Fire District has received your request for annexation to the Town of Frederick. The Fire District finds that the area referenced above is within the Fire district service area and that the Fire District is prepared to provide service to this area. The Fire District requires that we review all final plats for proper fire service requirements. If you have any concerns, please call me at 303-833-2742. Thank You & God Bless Sincerely; G1-yx- z,eccL A Domenic A. Chioda Fire Chief 972101 94, Carbon Valley Recreation District P.O. Box 119 701 50 Street Frederick, Colorado 80530 (303) 833-3660 Fax ext. 21 * — CARBON VALLEYRe — June 18, 1997 Grant, Bernard, Lyons & Gaddis P.O. Box 978 515 Kimbark Street Longmont, Colorado 80504 Dear Cameron A. Grant The Carbon Valley Recreation District has received notice regarding Doering/Modrall petition for annexation into the Town of Frederick The proposed area is quite large. Is all of this land going to be developed? The west portion of Doering/Modrall (NE Y S27) is currently not within the Carbon Valley Recreation taxing district. By agreement with the Town of Frederick, any annexations into the town is also required to petition to be induded into the Carbon Valley Recreation District, if not already so. The east portion (SE % of S 14) currently falls in CVREC's existing district boundaries and should also be included in the recreation district. The concern the recreation district has is with all recent Tri-Area annexations (including all three communities) and developments stemming from such annexations, the district already faces a growing problem of lack of bailfields and other recreational facilities located within district. Granted, this particular annexation is to be zoned businessfindustrial, but does business developments lead to an increase in residential developments for the area? The Carbon Valley Recreation Districts believes this to be true. Currently all three cc nmunities have one baltfield each that the recreation district uses for programs and activities. The problem is that all three parks are spread out, one in each town. This makes it extremely difficult and quite costly for the district to groan and maintain on a daily basis. The need for a multi -field complex to be developed, or plans to develop one is present. Our programs and activities have grown tremendously over the past five years. We have over 350 youth ball players participating this summer, which sets an all time high for the recreation district. Teams have very limited practice times and places to practice as it is now. The annexations and developments taking place throughout the Tri-Towns are only going to make a tight situation tighter. Soon the recreation district will have no choice but to turn away children from participating in CVREC athletics, activities and programs due to lack of facilities but plenty of people and businesses. The Carbon Valley Recreation District strongly feels that the proposed area to be annexed falls under the districts' service area. We currently have participants that reside in locations much farther in distance than this particular section of land listed. CVREC is requesting that 100% of the petitioning annexation be included into the Carbon Valley Park and Recreation District if not already so. The district is also requesting some type of recreational facilities to be planned as a result of development Anything is better then nothing. Right now, the Tri-Town area has next to nothing with all development occurring! Please take this into to do so thduring the day at the recreation consideration. center @ 833-3660 ext. 11. me, hope to free earr from you tanytime g t your throughout pin on a week M — F Thank you for your time. Sincerely, �\A Randall S. Dufour General Manager 972101 St. Vrain Valley School District RE -1J June 2, 1997 Mr. Cameron A. Grant Grant, Bernard, Lyons and Gaddis 515 Kimbark Street Longmont, Colorado 80501 RE: Doering/Modrall Annexation Section 14, T2N, R68W Dear Mr. Grant: 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-4978 • FAX 303-682-7343 Thank you for referring the Doering/Modrall Annexation located in Section 14, T2N, R68W to the School District. Without information on the number and type of dwelling units, the student yield cannot be calculated. Please forward this information as soon as it is available. Students living in this area would attend Frederick Elementary School and Frederick Middle/Senior High School under the present school boundaries. However, due to potential growth in these schools, this development and other existing developments in this feeder could he laced in another attendance area in the future. Bus transportation would be required. P THIS PROPOSED DEVELOP. 1995-97 DEVELOPMENT PROPOSALS* Building Oct. 96 Student Projected Over Total # of Total Cum. Over Cap W/ CaoacitvEnrollment Jmoact Enrollment DM 'roj. Stdnts Fnrollment 95-97 Dev Elementar 864 823 No 640 1463 Yes (-599) M/S 589 544 No 387 931 Yes (-342) 0 1027 SEATS AVAIL. ° Dieod prolooPod @lodge P lye©9la In Moo© oohool mileonaleanoo aroma Ov®mm £99 prop®e©l dovofopnoofs (1 n-904)7) The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment stand point. While this developments impacts have not been determined, there are other approved developments in these attendance areas which will, together with this proposal, have a significant cumulative impact on these schools. As the volume of development increases in this area, the District is becoming extremely concerned about our ability to provide the same quality education for these new students that we are providing students in other areas of the District due to increasingly overcrowded school facilities. With the implementation of the land dedication/cash in -lieu ordinance by the Town of Frederick, residential projects will now be required to pay a fee per dwelling unit or donate land based on the student yield of the development. Because of the size of the parcels under consideration in these annexations, the District would likely seek the dedication of land for a future secondary school in the Frederick area. This decision would be based on an analysis of site conditions and the potential student yield. With the land dedication/cash in -lieu program, the District would not oppose this project. Sincerely, Slott Toillion, AICP Planning Specialist "FrrNllpiing - Our Only Dutton" 972101 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No.: F921405 1. Effective Date: May 23, 1997, at 8:00 A.M. 2. Policy or policies to be issued: Amount A. ALTA Owner's Policy $ Proposed Insured: B. ALTA Loan Policy $ Proposed Insured: Premium Hourly Work Fee (8 hours @ 75.00/hour) $600.00 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Jerri Lynn Doering, as to a 24% tenancy -in -common interest, James W. Modrall, as to a 24% tenancy -in -common interest, and The Estate of Lorraine Miller, deceased, as to a 52% tenancy -in -common interest 4. The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) COMMONWEALTH LAND TITLE; INSURANCE COMPANY if IAuthoriae'd�Signature By STEPHANIE J.MCRAY Issued: June 19, 1997 SJM/sjm 972101 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: P921405 SCHEDULE A - Continued LEGAL DESCRIPTION Parcel 1: The Southeast Quarter of Section 14, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado Parcel 2: The Northeast Quarter of Section 27, Township 2 North, Range 68 West of the 6th P.M., Except that parcel conveyed to the Department of Highways, State of Colorado in Deed recorded in Book 1505 at Page 508, County of Weld, State of Colorado Page 2 972101 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: 7921405 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). NOTE: INFORMATIONAL COMMITMENT ONLY - NO POLICY IS CONTEMPLATED BEING ISSUED. Page 3 972101 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: 7921405 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6. a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 972101 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: P921405 SCHEDULE B - Continued EXCEPTIONS 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded in Book 20 at Page 161. 8. Riht of way for Oard Ditch as shown County Clerk by pfiled with Weld and Recorder, insofar asamemay affect subject property. 9. Right of way for Farmers Reservoir as shown by Map filed as Reception No. 156140, insofar as same may affect subject property. 10. Oil and gas lease between Carl A. Miller and Martin J. Freedman dated August Reception No. 21554539, and any 1, 1970, dinterestsrtherein 14, 7or0 ln Book 633 as rights thereunder. il. Right of way Grant for pipe line facilities 50 feet in width as granted to Panhandle Eastern Pipe Line Company recorded in Book 716 as Reception No. 1638303, being more fully described therein. 12. Right of way Agreement for pipe line facilities as granted to Colorado Interstate Corporation by instrument recorded in Book - -- as Reception No. 1674124, said easement not being specifically defined. 13. Right of way Easement and License by and between The Godding ditch Company and Panhandle Eastern Pipe Line Company recorded in Book 780 as Reception No. 1701672, insofar as same may affect subject property. 14. 1/2 of all oil, gas and other mineral rights as conveyed to Lorraine Miller and The Longmont National Bank, as Trustees, in Deed recorded August 19, 1977 in Book 806 as Reception No. 1727893; 27, 1997 assReception igned to vNo. 1701068 arious 1 (Boulder es by sCounty trecorded May records). 15. Right of way for pipeline gas valve as granted to Associated Natural Gas, Inc. by instrument recorded November 8, 1993 in Book 1410 as Reception No. 2358498, said right of way not being specifically defined. 16. Grant of Easement for sewer facilities as granted to St. Vrain Sanitation District by instrument recorded February,8, 1994 Book 1426 as Reception No. 2372729, being more specifically defined therein. Page 5 972101 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921405 SCHEDULE B - Continued EXCEPTIONS 17. Right of way Easement for pipe line facilities as granted to Associated Natural Gas, Inc., by instrument recorded March 10, 1994 in Book 1430 as Reception No. 2377571, being more specifically defined therein. NOTE: Exceptions 7 thru 17 affect Parcel 1 18. Reservations made by the Union Pacific Railway Company in deed recorded in Book 12 at Page 542. 19. All oil, gas, coal and mineral rights of whatsoever name or nature as conveyed in Deed recorded in Book 278 at Page 47. (NOTE: Affects the South 1/2 of the SE 1/4 of the NE 1/4 only) 20. Permanent Easement for the use and benefit of Department of Highways fo the State of Colorado as granted to The State Highway Commission of Colorado in instrument recorded in Book 1505 at Page 507, being more fully described therein. 21. Oil and gas lease between James S. Haley, Trustee of the Carl E. Johnson Trust and Martin J. Freedman dated August 21, 1970, recorded September 14, 1970 in Book 633 as Reception No. 1554535, and any interests therein or rights thereunder. 22. 1/2 of all oil, gas and other mineral rights as conveyed to Lorraine Miller and The Longmont National Bank, as Trustees, in Deed recorded August 19, 1977 in book 806 as Reception No. 1727893; assigned to various parties of record by instrument recorded May 27, 1997 as Reception No. 1701068 (Boulder County records). 23. Right of way Grant for pipe line facilities 50 feet in width as granted to Panhandle Eastern Pipe Line Company by instrument recorded October 31, 1977 in Book 813 as Reception No. 1734647, being more fully described therein. 24. Right of way Easement for electric facilities 15 feet in width as granted to Union Rural Electric Association, Inc. by instrument recorded in Book 843 as Reception No. 1764736, being more fully described therein. 25. Right of way Grant for pipe line facilities as granted to Panhandle Eastern Pipe Line Company by instrument recorded in Book 896 as Reception No. 1817574, said right of way not being specifically defined. NOTE: Exceptions 18 thru 25 affect Parcel 2 Page 6 972101 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: P921405 SCHEDULE B - Continued EXCEPTIONS NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Panhandle Eastern Pipe Line Company recorded October 1, 1981 in Book 949 as Reception No. 1870756. (b) Union Rural Electric Association, Inc. recorded October 5, 1981 in Book 949 as Reception No. 1871004. (c) Western Gas Supply Company recorded April 2, 1985 in Book 1063 as Reception No. 2004300. (d) Panhandle Eastern Pipe Line Company recorded June 26, 1986 in Book 1117 as Reception No. 2058722. (e) St. Vrain Sanitation District recorded December 14, 1988 in Book 1218 as Reception No. 2164975. (f) United Power, Inc. recorded January 24, 1991 in Book 1288 as Reception No. 2239296. Page 7 972101 COMMONWEALTH LAND TITLE INSURANCE COMPANY 1002 17TH AVENUE LONGMONT, CO 80501 GRANT, BERNARD, LYONS & GADDIS 515 KIMBARK LONGMONT, CO 805020978 Attn: Cameron/Khileen Order No. F921405 July 07, 1997 RE: Modrall, James W. Doering, Jerri Lynn/ Doering/Modrall Farm In connection with the above matter, we are enclosing herewith the following: Endorsement We are pleased to have the opportunity to be of service. If you have any questions or changes, please contact Commonwealth Land Title Insurance Co. at 772-9164 cc: 972101 ENDORSEMENT Attached to and forming a part of Commitment No. F921405 Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY Insuring: as set forth in said commitment. The said commitment is hereby amended in the following manner: Exception No. 26 under Schedule B is hereby added to read as follows: Any interest which may have been acquired by the public in the 30 feet of subject property by reason of resolution of Board of County Commissioners recorded October 14, 1889 in Book 86 at Page 273 which provides for public roads 60 feet in width being 30 feet on each side of section lines on the public domain. NOTE: The above exception affects Parcels 1 and 2 The total liability of the Company under said commitment and any endorsements attached thereto shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the provisions of said commitment to pay. This endorsement is made a part of said commitment and is subject to the exclusions, schedules, endorsements, conditions, stipulations and terms thereof, except as modified by the provisions hereof. Nothing herein contained shall be construed as extending or changing the effective date of said Commitment, unless otherwise expressly stated. IN WITNESS WHEREOF COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on July 07, 1997. Dated: July 07, 1997 COMMONWEALTH LAND TITLE INSURANCE COMPANY: Authorized Signature 972101 FREDERICK ANNEXATION PETITION Jerri Lynn Doering, James Modrall & Est. of Lorraine Miller, decd. AFFIDAVIT OF SURFACE ESTATE OWNERS Subject Property: Township 2 North. Rance 68 West. 6th P.M., Weld County. Colorado Section 27: NE% STATE OF COLORADO ) ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of his knowledge the following is a true and accurate list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the Weld County Assessor, of the owners of the surface estate within six hundred (600) feet of the Subject Property. This list was compiled from the records of the Weld County Assessor on July 7, 1997. 1313-26-0-01-000 Grant Brothers do Wallace Grant P.O. Box 978 Longmont, CO 80502 1313-26-0-00-060 Douglas L. & Marjorie R. McDonald 7247 E. Cnty. Line Rd. Longmont, CO 80501 1313-26-0-00-074 Douglas L. & Marjorie R. McDonald 7247 E. Cnty. Line Rd. Longmont, CO 80501 1313-26-0-00-078 Grant Brothers do Wallace Grant P.O. Box 978 Longmont, CO 80502 1313-23-0-00-002 Duane E. & Cornelia V. Nelson 84741-25 Access Rd. E. Longmont, CO 80504 1313-22-4-01-001 LeRoy & Wilma Chambers 17300 E. I-25 Platteville, CO 80651 1313-22-4-01-002 LeRoy & Wilma Chambers 17300 E. I-25 Platteville, CO 80651 1313-22-4-01-003 Indian Peaks Ranch Inc. C/o David B. & Joyce A Spong 7592 WCR 11 Longmont, CO 80504 1313-22-4-01-004 David B. & Joyce A Spong 7592 WCR 11 Longmont, CO 80504 1313-22-4-01-005 George W. & Renai A. Steinbacher 1316 Cavan St. Boulder, CO 80303 1313-22-4-08-003 TRMMLtd. 3901 WCR 18 Erie, CO 80516 1313-22-4-09-004 TRMMLtd. 3901 WCR 18 Erie, CO 80516 1313-22-4-09-005 Front Range Alternatives, Inc. 4895 WCR 22 Longmont, CO 80504 1313-22-4-03-001 Donald V. & Janelle Hauptmann, Jr. C/o Denver Police Fed. Credit Union 3501 W. 23rd. Avenue Denver, CI 80211 Page 1 of 2 972131 1313-22-4-03-002 Wade A. & Amy M. Zinke 8002 Morningside Dr. Frederick, CO 80654 1313-22-4-03-003 Barbara E. Logsdon, Boyce W. Logsdon & Walter D. Logsdon 16665 WCR 7 Platteville, CO 80651 1313-22-4-03-004 Dean A. Felton 8006 Momingside Dr. Erie, CO 80516 1313-22-4-02-001 Eric G. Leick, Lori James, Alice James & Richard E. James 12987 Hillcrest Dr. Longmont, CO 80501 1313-22-4-02-002 David W. & Melanie S. Rice 8003 Morningside Dr. Erie, CO 80516 1313-22-4-02-003 Lawrence J. & Diane K. Lee 1424 Hilltop Dr. Longmont, CO 80501 1313-22-4-02-004 Robert M. & Karen L. Myers 8007 Momingside Dr. Erie, CO 80516 1313-22-0-00-046 Earl A. Anderson & Craig J. Anderson 8564 WCR 7 Longmont, CO 80501 1313-22-0-00-035 Stephan D. Nygren 10950 Hutcheson Ferry Rd. Palmetto, GA 30268 1313-22-0-00-018 Charts Rae Jillson Richardson 2877 WCR 18 Longmont, CO 80501 1313-27-0-00-033 Roy W. & Muriel Anne Hardy and Tammy Lynne Bality 860 Martin Longmont, CO 80502 1313-27-0-00-034 Longmont Capital LLC 77 Cervantes Road Redwood City, CA 94062 1313-27-0-00-035 Longmont Capital LLC 77 Cervantes Road Redwood City, CA 94062 William`G. Crews Certified Professional Landman #3477 Subscribed and sworn to before me by William G. Crews this 21st day of July, 1997. 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