HomeMy WebLinkAbout982656.tiff WELD COUNTY
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1998 SEP 31 Ali 8: 50
CLERK
TO THE BOARD
ANNEXATION PETITION CHECKLIST
Name of annexation: Carlson Farms
Name of Property Owner(s): J. Melvin Carlson and G. Elaine Carlson
Person to contact: Avset Management Services, LLC 5855 Wadsworth By-Pass
Suite 309, Arvada, CO 80005 Phone 303-940-6567
Size of Acreage: 109.95 acres
Location: East 120 Acres of the SW %of Section 1, Township 4 North, of Range
68 West of the 6th P.M., Weld County, Colorado.
100% owners signed: yes
School District(s): RE5-J
Special District (s): Thompson Rivers Recreation District, Johnstown Fire
District
Above Information Reviewed by: Diana Seele, Town Clerk 09/28/98
Date Petition Filed: August 3, 1998
Filing Fee Paid: $100.00
Resolution No. 98-16 Finding Substantial Compliance
Published: August 20, 1998
August 27, 1998
September 3, 1998
September 10, 1998
September 17, 1998
R �UK)Dt 982656
\
Petition Information & Notice sent to:
To: Board of County Commissioners of Weld County 09/29/98
Fire District: Johnstown Fire District 09/29/98
School District: School District RE5-J 09/29/98
Special District: Thompson Rivers Recreation
District 09/29/98
TO COMPLY WITH THE PROVISIONS OF SECTION 13-12-108(2) C.R.S.
please find enclosed a copy of the published Notice, together with a copy of the
Resolution and Petition concerning the annexation to the Town of Johnstown of
territory therein described. The provisions of annexation laws of the state now
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.
Thank you,
Sincerely,
Diana Seele
Town Clerk
NOTICE
NOTICE IS HEREBY GIVEN that a Petition for Annexation of territory hereinafter
described has been presented to the Town Board of Johnstown, Colorado and
found to be in apparent compliance with the applicable provisions of law and the
Town Board has adopted a Resolution to set a public hearing to be held at 7:00
p.m. on October 5, 1998 at the Town Hall at 101 Charlotte Street in Johnstown,
Colorado to determine if the proposed annexation complies with the applicable
requirements of law.
The Resolution adopted by the Town Board for such purpose is in words,
letters and figures as follows:
TOWN OF JOHNSTOWN
RESOLUTION NO. 98-16
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR THE CARLSON FARMS ANNEXATION
Whereas a written petition, together with four prints of an annexation map,
was therefore filed with the Town Clerk requesting the annexation of certain
property to be known as Carlson Farms Annexation, more particularly described
as Situate in the County of Weld, State of Colorado, to wit:
See Attached Exhibit A
Whereas, the Town Board desires to initiate annexation proceedings in
accordance with the law.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF JOHNSTOWN, COLORADO;
Section 1. That the Town Board hereby accepts said annexation petition,
finds and determines that the annexation petition and accompanying map are in
substantial compliance with CRS 31-12-107, and desire to initiate annexation
proceedings in accordance with law.
Section 2. The Town Board shall hold a hearing to determine if the proposed
annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof
as may be required to establish eligibility for annexation under the terms of part
1, Article 12, Title 31, CRS. A hearing shall be held on the 5th day of October,
1998 in the Board meeting room of the Town of Johnstown, 101 Charlotte Street,
Johnstown, Colorado at 7:00 p.m.
Section 3. The Town Clerk shall publish notice of such hearing once per
week for four successive weeks in the Johnstown Breeze, with the first
publication at least thirty (30) days prior to the date of the hearing. The Town
Clerk shall also send a copy of this resolution and the petition for annexation to
the Clerk to the Board of County Commissioners, the County Attorney and to any
special district or school district within the area proposed to be annexed.
Passed, approved and adopted the 17t" day of August, 1998.
Town of Johnstown
s/s Thomas J. Martinez
Mayor
ATTEST
s/s Diana Seele
Town Clerk
MEETS AND BOUNDS DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 1, TOWNSHIP 4 NORTH
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO.
THE BASIS OF BEARING FOR THIS DESCRIPTION WAS OBSERVED USING GPS
TECHNIQUES ON JULY 27, 1998 AND IS THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER
OF SECTION 1, IN TOWNSHIP 4 SOUTH RANGE 68 WEST, WHICH BEARS N89°21'20" E.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1;
THENCE N 0°32'10"W A DISTANCE OF 38.80 FEET;
THENCE N 89°21'20" E ALONG THE NORTHERLY RIGHT-OF-WAY OF COLORADO STATE
HIGHWAY 60 AS DESCRIBED ON SUBDIVISION EXEMPTION NO. 518 MAP FILED AT WELD
COUNTY CLERK AND RECORDER'S OFFICE AT BOOK 1473 PAGE 301 A DISTANCE OF 667.40
FEET;
THENCE N 02°53'40" W ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF A
CERTAIN PARCEL OF LAND SURVEYED FOR THE TOWN OF JOHNSTOWN, COLORADO AS
SHOWN ON MAP PREPARED BY ZOYIOPOULOS AND ASSOCIATES DATED NOVEMBER 15, 1982
AND ON RECORD AT THE CITY OF JOHNSTOWN A DISTANCE OF 410.54 FEET TO THE POINT OF
BEGINNING;
THENCE N02°53'40°W CONTINUING ALONG SAID EASTERLY LINE A DISTANCE OF 2205.01 FEET
TO A POINT ON THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION;
THENCE N 89°35'45"E ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF
SECTION 1 A DISTANCE OF 1970.77 FEET TO A NUMBER FIVE REBAR WITH PLASTIC CAP BEING
A PROPERTY AGREEMENT CORNER AS DESCRIBED IN THE DEED FILED AT WELD COUNTY
CLERK AND RECORDER'S OFFICE AT BOOK 271 PAGE 358;
THENCE S 03°03'38"E ALONG SAID PROPERTY AGREEMENT LINE AS DESCRIBED IN THE DEED
FILED AT WELD COUNTY CLERK AND RECORDER'S OFFICE AT BOOK 271 PAGE 358 DISTANCE
OF 2615.08 FEET;
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 60 AS
DESCRIBED IN A SPECIAL WARRANTY DEED FILED AT WELD COUNTY CLERK AND
RECORDER'S OFFICE AT BOOK 1477 PAGE 294 THE FOLLOWING TWO COURSES:
1. S 89°16'50"W A DISTANCE OF 449.22 FEET;
2. S 89°39'50"W A DISTANCE OF 628.64 FEET;
THENCE N02°31'51"W A DISTANCE OF 414.22 FEET;
THENCE S89°24'50°W A DISTANCE OF 902.94 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL CONTAINS 109.95 ACRES MORE OR LESS.
PREPARED BY:
JEHN &ASSOCIATES, INC.
5855 WADSWORTH BYPASS, SUITE 100
ARVADA, CO 80003 303-423-6036
a
\\Ntserver l\jobs\1157\98157\SURVEY\NITS&BNDS DESC..doc
RESOLUTION NO. 98-16
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF
JOHNSTOWN, COLORADO, KNOWN AS CARLSON FARMS
ANNEXATION TO THE TOWN OF JOHNSTOWN, AND SETTING
A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as
Carlson Farms Annexation has been filed with the Town Clerk of the Town of
Johnstown, Colorado, and referred to the Board of Trustees of the Town for a
determination of substantial compliance with applicable law; 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 zoning, if requested in
the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and desires
to adopt by Resolution its findings in regard to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE TOWN OF JOHNSTOWN, COLORADO:
Section 1. The petition, the legal description for which is attached
hereto as Exhibit A and incorporated herein by reference, is in substantial
compliance with the applicable laws of the State of Colorado.
Section 2. No election is required under 31-12-107(2), C.R.S.
Section 3. No additional terms and conditions are to be imposed except
any provided for in the petition.
Section 4. The Board of Trustees will hold a public hearing for the
purpose of determining if the proposed annexation complies with 31-12-104,
C.R.S., and with 31-12-105, C.R.S., and will hold a public hearing to determine
the appropriate zoning of the subject property, if requested in the petition, at the
Johnstown Town Hall, 101 Charlotte, Johnstown, Colorado, 80534, on October 5,
1998 at 7:00 P.M.
Section 5. Any person may appear at such hearing and present
evidence relative to the proposed annexation, or the proposed zoning if
requested in the petition.
Section 6. Upon completion of the hearing, the Board of Trustees will
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, 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.
Section 7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that proposed annexation is proper under the
laws of the State of Colorado, the Board of Trustees may pass one or more
ordinances annexing the subject property to the Town of Johnstown, and will
pass one or more ordinances zoning the subject property if requested in the
petition.
INTRODUCED, READ, AND ADOPTED this 17th day of August 1998.
GNva-o , �
Thomas Mart4nez M,ayor d'
J A
.) .+. .`o
'
Seele, Town Clerk
Annexation Petition
To the Town of Johnstown
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition
the Board of Trustees of the Town of Johnstown, Colorado, for annexation to the Town of
Johnstown the unincorporated territory more particularly described below, to be known as
CARLSON FARMS , and in support of said Petition, your petitioners allege that:
(1) It is desirable and necessary that the following territory be annexed to the Town of
Johnstown, Colorado:
the East 120 acres of the SW1/4 of Section I, in Township 4 North, of Range 68
West of the 6th P.M., Weld County, Colorado. Except parcel of land as conveyed by Deed
recorded in Book 1477, page 294, Weld County Records. Also except parcel conveyed by Deed
recorded May 27, 1994 in Book 1443, at Reception No. 2390574
Weld County
State of Colorado
(2) Not less that one-sixth of the perimeter of the area proposed to be annexed is
contiguous with the Town f Johnstown, Colorado.
(3) A community of interest exists between the territory proposed to be annexed and the
Town of Johnstown, Colorado;
(4) The territory to be annexed is urban or will be urbanized in the near future;
(5) The territory proposed to be annexed is integrated or is capable of being integrated
with the Town of Johnstown, Colorado;
(6) The signatures of the petition comprise one hundred percent(100%) of the
landowners of the territory to be included in the area proposed to be annexed and said landowners
attesting to the facts and agreeing to the conditions herein contained will negate the necessity of
any annexation election.
(7) No land held in identical ownership, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) Is divided into separate parts or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street,
road or other public way;
(b) Comprising twenty (20) acres or more and which, together with the buildings
and improvements situated thereon has an assessed value in excess of Two hundred
Thousand Dollars ($200,00.00) for ad valorem tax purposes for the year preceding the
annexation, is included within the territory proposed to be annexed without the written
consent of the landowner or landowners.
(8) No part of the area proposed to be annexed is more than three miles from a point on
the municipal boundary, as such was established more than one year before this annexation
will take place;
(9) The area proposed to be annexed comprises more than ten acres and an impact report
as provided in Section 31-12-105.5, CRS, as amended , is required.
(10) The area proposed to be annexed is located within Weld County and no others;
(11) The mailing address of each signer,the legal description of the land owned by each
signer and the date of signing of each signature are all shown on this Petition;
(12) Accompanying this Petition are five (5)prints of the annexation map containing the
following information:
(a) A written legal description of the boundaries of the area proposed to be
annexed;
(b) A map showing the boundary of the area proposed to be annexed, such map
prepared and containing the seal of a registered engineer or land surveyor;
(c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be platted, then the
boundaries and the plat number of plots or of lots and blocks are shown;
(d) Next to the boundary of the area proposes to be annexed is drawn the
contiguous boundary of the Town of Johnstown, and the contiguous boundary of any
other municipality abutting the area proposed to b annexed;
(e) The dimensions of the contiguous boundaries are shown on the map.
(0 A proposed drainage plan and a utilities plan.
(13) The territory to be annexed is not presently part of any incorporated city, city and
county or town;
(14) The undersigned agree to the following conditions, which shall be covenants running
with the land, and which shall at the option of the Town, appear on the annexation map:
(a) Water rights shall be provided pursuant to Town ordinance;
(b) The owners shall participate in providing drainage plans and improvements
and payment of a unit drainage fee as may be required by the Town for the area;
(c) The undersigned hereby waive any and all "vested rights" previously created
pursuant to section 24-68-103, CRS, as amended.
(d) The undersigned and the Town may enter into a Pre-Annexation Agreement
prior to the effective date of this annexation, which agreement shall be additional
conditions as effectively as if set forth in this Petition.
(15) Petitioner represents that:
X No part of the property to be annexed is included within any site specific
development plan approved by Weld County, Colorado.
A site specific development plan has been approved by Weld County,
Colorado, which has created a vested right.
(16) Submitted with this Petition is the required annexation fee of$ 100.00 .
Executed this 3rd day of fiu✓Gtt s'�"r 1998.
Petitioner, Landowners 9.J.9.Snin A Carlson
,i, eketatitad‘ 322,14.4-it,
G. Elaine Carlson
The foregoing Petition for Annexation was subscribed to and sworn to before me this
3%-ct day of August , 1998 by J. Melvin Carlson and G. Elaine Carlson
Witness my hand and official seal ,r ERR Y,9`�t1
r :•No ry• 9,'7I
M commission expires: VYCOYM.IS�iEXP1 $9 OO1 ; • <:m o
/ 'S let s
�. '•
Notary b e 7$J�. C yr� `‘,�Ot ofl "
divan; ?o (O537
MEETS AND BOUNDS DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 1, TOWNSHIP 4 NORTH
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF
COLORADO.
THE BASIS OF BEARING FOR THIS DESCRIPTION WAS OBSERVED USING GPS
TECHNIQUES ON JULY 27, 1998 AND IS THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER
OF SECTION 1, IN TOWNSHIP 4 SOUTH RANGE 68 WEST, WHICH BEARS N89°21'20" E.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1;
THENCE N 0°32'10"W A DISTANCE OF 38.80 FEET;
THENCE N 89°21'20" E ALONG THE NORTHERLY RIGHT-OF-WAY OF COLORADO STATE
HIGHWAY 60 AS DESCRIBED ON SUBDIVISION EXEMPTION NO. 518 MAP FILED AT WELD
COUNTY CLERK AND RECORDER'S OFFICE AT BOOK 1473 PAGE 301 A DISTANCE OF 667.40
FEET;
THENCE N 02°53'40" W ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF A
CERTAIN PARCEL OF LAND SURVEYED FOR THE TOWN OF JOHNSTOWN, COLORADO AS
SHOWN ON MAP PREPARED BY ZOYIOPOULOS AND ASSOCIATES DATED NOVEMBER 15, 1982
AND ON RECORD AT THE CITY OF JOHNSTOWN A DISTANCE OF 410.54 FEET TO THE POINT OF
BEGINNING;
THENCE N02°53'40"W CONTINUING ALONG SAID EASTERLY LINE A DISTANCE OF 2205.01 FEET
TO A POINT ON THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF SAID SECTION;
THENCE N 89°35'45"E ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER OF
SECTION 1 A DISTANCE OF 1970.77 FEET TO A NUMBER FIVE REBAR WITH PLASTIC CAP BEING
A PROPERTY AGREEMENT CORNER AS DESCRIBED IN THE DEED FILED AT WELD COUNTY
CLERK AND RECORDER'S OFFICE AT BOOK 271 PAGE 358;
THENCE S 03°03'38"E ALONG SAID PROPERTY AGREEMENT LINE AS DESCRIBED IN THE DEED
FILED AT WELD COUNTY CLERK AND RECORDER'S OFFICE AT BOOK 271 PAGE 358 DISTANCE
OF 2615.08 FEET;
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF COLORADO STATE HIGHWAY 60 AS
DESCRIBED IN A SPECIAL WARRANTY DEED FILED AT WELD COUNTY CLERK AND
RECORDER'S OFFICE AT BOOK 1477 PAGE 294 THE FOLLOWING TWO COURSES:
1. S 89°16'50"W A DISTANCE OF 449.22 FEET;
2. S 89°39'50"W A DISTANCE OF 628.64 FEET;
THENCE N02°31'51"W A DISTANCE OF 414.22 FEET;
THENCE S89°24'50"W A DISTANCE OF 902.94 FEET TO THE POINT OF BEGINNING.
THE ABOVE PARCEL CONTAINS 109.95 ACRES MORE OR LESS.
PREPARED BY:
JEHN &ASSOCIATES, INC.
5855 WADSWORTH BYPASS, SUITE 100
ARVADA, CO 80003 303-423-6036
\\Ntserverl\jobs\l 157\98157\SURVEY\MTS&BNDS DESC..doc
ANNEXATION IMPACT REPORT
CARLSON FARMS
CITY OF JOHNSTOWN
PREPARED FOR:
AVSET MANAGEMENT SERVICES, LLC
5855 WADSWORTH BYPASS
BLDG A, SUITE 333
ARVADA CO 80003
303-425-4440
PREPARED BY:
JEHN & ASSOCIATES, INC.
5855 WADSWORTH BYPASS
BLDG A, SUITE 100
ARVADA CO 80003
303-423-6036
Thursday September 10, 1998
JOB NO. 1157-198-157
INDEX
I. ANNEXATION PLAT
II ATLA SURVEY
III. LAND USES
a. Annexation Petition/Annexation Agreement
b. Municipal Services
c. Capitol Improvement Financing
d. Existing Districts
e. School Districts
I. ANNEXATION PLAT
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III. LAND USES
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Ill. LAND USES
a. Annexation Petition and Agreement
(See attached Annexation Petition)
b. Municipal Services
Water and sewer services have been constructed
by the City of Johnstown and have been extended
along the North property line the full width of the
property.
c. Capitol Improvement Financing
The water and sewer was constructed under a
Capitol Improvements project and was funded by
City reserves and bond funds.
d. Existing Districts
There are three districts within the area to be
annexed. These include the water, fire and
recreation districts. (1.) The Little Thompson Water
District will not be supplying water to this
development. The City of Johnstown will be
supplying all water and sewer services for this
project. (2.) This development is served by the
Johnstown Volunteer Fire District. (3) The
recreation district, which will be servicing this
development, is the Thompson River Recreation
District. There are no other existing districts within
the area to be annexed.
e. School Districts
The project is in the City of Johnstown School
District RE5J. The superintendent's name is Jack
Pendar, 3 North J Street, Johnstown, CO 80534.
The annexation will effect the public school system
by adding the following number of students to the
school system:
• Elementary School
(375 units x .345 students/unit) =130 students
• Middle School
(375 units x 0.170 students/unit) = 64 students
• High School
(375 units x 0.195 students/unit) = 73 students
Total 267 students
There are no estimated construction costs for
capitol improvements to educate these children at
this time.
f. Traffic Impact
Traffic impacts from this development will be
approximately 3750 trips per day. A traffic analysis
will be performed when the preliminary plan is
finalized.
Annexation Petition
To the Town of Johnstown
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition
the Board of Trustees of the Town of Johnstown, Colorado;for annexation to the Town of
Johnstown the unincorporated territory more particularly described below, to be known as
CARLSON FARMS , and in support of said Petition, your petitioners allege that:
(1) It is desirable and necessary that the following territory be annexed to the Town of
Johnstown, Colorado:
the East 120 acres of the SW 1/4 of Section 1, in Township 4 North, of Range 68
West of the 6th P.M., Weld County, Colorado. Except parcel of land as conveyed by Deed
recorded in Book 1477, page 294, Weld County Records. Also except parcel conveyed by Deed
recorded May 27, 1994 in Book 1443, at Reception No. 2390574
Weld County
State of Colorado
(2) Not less that one-sixth of the perimeter of the area proposed to be annexed is
contiguous with the Town f Johnstown, Colorado.
(3) A community of interest exists between the territory proposed to be annexed and the
Town of Johnstown, Colorado;
(4) The territory to be annexed is urban or will be urbanized in the near future;
(5) The territory proposed to be annexed is integrated or is capable of being integrated
with the Town of Johnstown, Colorado;
(6) The signatures of the petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and said landowners
attesting to the facts and agreeing to the conditions herein contained will negate the necessity of
any annexation election.
(7) No land held in identical ownership, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) Is divided into separate parts or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street,
road or other public way;
(b) Comprising twenty(20) acres or more and which, together with the buildings
and improvements situated thereon has an assessed value in excess of Two hundred
Thousand Dollars ($200,00.00) for ad valorem tax purposes for the year preceding the
annexation, is included within the territory proposed to be annexed without the written
consent of the landowner or landowners.
(8) No part of the area proposed to be annexed is more than three miles from a point on
the municipal boundary, as such was established more than one year before this annexation
will take place;
(9) The area proposed to be annexed comprises more than ten acres and an impact report
as provided in Section 31-12-105.5, CRS, as amended , is required.
(10) The area proposed to be annexed is located within Weld County and no others;
(11) The mailing address of each signer,the legal description of the land owned by each
signer and the date of signing of each signature are all shown on this Petition;
(12) Accompanying this Petition are five(5) prints of the annexation map containing the
following information:
(a) A written legal description of the boundaries of the area proposed to be
annexed;
(b) A map showing the boundary of the area proposed to be annexed, such map
prepared and containing the seal of a registered engineer or land surveyor;
(c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be platted, then the
boundaries and the plat number of plots or of lots and blocks are shown;
(d) Next to the boundary of the area proposes to be annexed is drawn the
contiguous boundary of the Town of Johnstown, and the contiguous boundary of any
other municipality abutting the area proposed to b annexed;
(e) The dimensions of the contiguous boundaries are shown on the map.
(f) A proposed drainage plan and a utilities plan.
(13) The territory to be annexed is not presently part of any incorporated city , city and
county or town;
(14) The undersigned agree to the following conditions, which shall be covenants running
with the land, and which shall at the option of the Town, appear on the annexation map:
(a) Water rights shall be provided pursuant to Town ordinance;
(b) The owners shall participate in providing drainage plans and improvements
and payment of a unit drainage fee as may be required by the Town for the area;
(c) The undersigned hereby waive any and all "vested rights" previously created
pursuant to section 24-68-103, CRS, as amended. _ -
(d) The undersigned and the Town may enter into a Pre-Annexation Agreement
prior to the effective date of this annexation, which agreement shall be additional
conditions as effectively as if set forth in this Petition.
(15) Petitioner represents that:
_X No part of the property to be annexed is included within any site specific
development plan approved by Weld County, Colorado.
A site specific development plan has been approved by Weld County,
Colorado, which has created a vested right.
(16) Submitted with this Petition is the required annexation fee of$ 100.00 .
Executed this int day of R21jus1' 1998.
Petitioner,� Landowners
�Melvin Car Carlson J . 8Q � oty
G. Elaine Carlson
The foregoing Petition for Annexation was subscribed to and sworn to before me this
,3rd, day of August , 1998 by J. Melvin Carlson and G. Elaine Carlson
Witness my hand and official seal 0RRYq
M commission expires: MY C0WSSI0NEK S ilV2001 ••
h.int'
y :
Notary b%c g; fi. e j 0. 5oLoco
oftvcial4 ?o k0-537
I
ANNEXATION AGREEMENT
ANNEXATION
This agreement made and entered into this _ day of , 19_ by and
between ,hereinafter referred to as"ANNEXOR", and the
TOWN OFJOHNSTOWN, a Municipal Corporation hereinafter referred to as "TOWN".
WHEREAS, ANNEXOR is the owner of property described in Exhibit "A", attached
hereto the "property", and has filed a petition to annex the property to the TOWN; and whereas
the parties mutually agree that the annexation of the property to the TOWN shall not create any
additional costs or impose additional burden on existing residents of the TOWN to provide public
facilities and services to the property after annexation.
In consideration of the foregoing premises and the covenants, promises and agreements
of each of the parties hereto, to be kept and performed by each of them, it is agreed:
ZONING
The proposed annexation contains nearly acres, and it is intended by both parties
that the area will be developed as acres of commercial use and acres of residential
use and acres of industrial use under the requirements of Town municipal code. The
maximum number of dwelling units shall be 80 units.
STREETS
All streets will be constructed to current Town standards.
DRAINAGE
A drainage study of the entire approximately acre parcel will be provided by the
ANNEXOR. Improvements recommended by such study shall be completed at the time of
completion of each phase of development. The park area required to be dedicated to the
TOWN,pursuant to the TOWN'S subdivision regulations,may also incorporate a drainage pond.
All storm drainage improvements will be approved and inspected by the Town Engineer and built
in accordance to the TOWN'S building and construction standards. ANNEXOR will provide
all rights-of-way, drainage studies, park and detention pond areas, and the storm drainage
collection system. Drainage fees shall be paid at the time of the issuance of a building permit for
each home to be constructed.
WATER
Water will be dedicated by developer/annexor pursuant to the current requirements of
Johnstown's Municipal Code.. ANNEXOR shall be responsible for the total cost of construction
and placement of all new water mains to ANNEXOR'S property and within the development
itself. Such water mains must be sized and built to the TOWN'S construction standards. Town
jAdministrator may require residents to tap onto the TOWN's main system at such time or the
TOWN's water mains reach the project area.
SEWER
The proposed development will utilize an on site "package" sewer system treatment
facility. At the present time a pressure sewer system is proposed which will feature individual
grinder pressure pumps at each building site. The treatment plant will be constructed to handle
the proposed development. At such time as the Town's sewer mains reaches this property, the
system may be required to tap on to such main. •
PUBLIC LAND DEDICATION
ANNEXOR will dedicate a minimum of acres to the TOWN for park an drainage
purposes. The location and development costs for this park will be determined on approval of
the final PUD Plat and development agreement.
The developer will provide the open space required under the TOWN'S ordinance as well
as any improvements necessary for use of the open space by the developments residents. The
development's home owner association will maintain the open space. The Town will have no
impact with respect to open space. The Town's open space requirements are 3,000 square feet
of open space for every SET dwelling unit. The proposed development includes dwelling
units which will require acres of open space for every SFI dwelling unit. The developer
will provide acres of open space in the development.
Provisions for park land and improvements to the dedicated park land will be provided
for in the development agreement.
Utilization of the flood plain for open space and recreational uses will be maximized as
development plans are formulated.
GENERAL PROVISIONS
This agreement shall be recorded with the Clerk and Recorder of Weld County Colorado,
shall run with the land, and shall be binding upon and inure to the benefit of the heirs, successors
and assignees to the parties hereto. ANNEXOR shall notify the TOWN of assignments and the
name of the assignee.
Nothing contained in this agreement shall constitute or be interpreted as a repeal of
existing codes, ordinances or as a waiver of the TOWN'S legislative, governmental or police
powers to promote and protect the health, safety, and general welfare of the TOWN or its
inhabitants; nor shall this agreement prohibit the enactment by the Town of any fee which is of
uniform or general application.
No right or remedy of disconnection of the described property from the TOWN shall
accrue with this agreement, other than that provided under Colorado Revised Statutes. In the
event the property, or any portion thereof, is disconnected at the ANNEXOR'S request, the
TOWN shall have no obligation to serve the disconnected property and this agreement shall be
void and of no further force and effect as to such property.
It is understood and agreed by the parties hereto, that if any part, term, or provision of
this agreement is by the courts determined to be illegal or in conflict with any law of the State
of Colorado, the validity of the remaining portions or provisions shall not be affected, and the
rights and obligations of the parties shall be construed and enforced as if the agreement did not
contain that particular part, term, or provision held to be invalid.
This agreement comprises the whole agreement of the parties. There are no promises,
terms, conditions, or obligations other than those contained herein and under the ordinances of
the Town of Johnstown; this agreement shall supersede all previous communications,
representations, or agreements, either verbal or written, between the parties hereto. There shall
be no modification of this agreement except in writing, executed with the same formalities as this
agreement may be enforced in any court of competent jurisdiction.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials
to place their hands and seals upon this agreement dated the year first above.
TOWN OFJOHNSTOWN, COLORADO
By: Mayor
ATTEST:
Town Clerk
ANNEXOR:
By:
Date:
1
herein,until and unless the Town grants any and all approvals required -
) - by law. Any and all negotiations and work concerning the Landowner's
request concerning the Property shall be final only upon approval by the
appropriate actions of the Town Board of Johnstown and other
governmental entities having jurisdiction,upon the completion of
appropriate actions of Landowner, and upon expiration of any applicable
time periods required for finality under law.
4. Miscellaneous.
(a) In the event of any litigation arising from this
Agreement,the prevailing party shall be entitled to its
reasonable attorneys' fees and court costs.
(b) This Agreement supersedes all prior negotiations
between the parties concerning matters addressed herein.
(c) This Agreement shall not be modified except in writing
executed by each of the parties.
(d) Each person executing this Agreement represents and
warrants that he or she has been duly authorized by the
party which he or she purports to represent to execute
this Agreement, and has authority to bind said party to
the terms and conditions of this Agreement.
This Agreement is executed effective this_day of , 1998.
TOWN OF JOHNSTOWN,
A municipal corporation
Thomas J. Martinez, Mayor
ATTEST:
Diana Seele,Town Clerk
2
LANDOWNER:
By: _
Title:
Acknowledgement
STATE OF COLORADO )
SS
COUNTY OF )
The above and foregoing signature of ,on behalf of
,was subscribed under oath before me this_day of
, 1998.
Witness my hand and official seal.
Notary Public
My commission expires
3
Acknowledgement
STATE OF COLORADO )
SS
COUNTY OF )
The above and foregoing signature of , on behalf of
,was subscribed under oath before me this_day of
, 1998.
Witness my hand and official seal.
Notary Public
My commission expires •
M •
4
EXHIBIT A
COST ESTIMATE-TECHNICAL REVIEW AND PUBLICATION
Legal/Planning:
Estimated cost of reviewing and revising documents,consultation, and meeting
attendance: $2,000.00
Engineering:
Estimated cost of consultation and meeting attendance: $960.00
Estimated cost of review/preparation of maps and legal descriptions: $840.00
Publication;
Estimated cost of publication of required notices, resolutions, ordinances, and legal
descriptions: $700.00
Other(specify) :
Staff Time: $500.00
TOTAL COST ESTIMATE: $5,000.00
li
5
-^ EXHIBIT B _ _
•
1 FUNDS DEPOSIT AGREEMENT
A. The undersigned, Company, and
("Landowner")and the Town of Johnstown
("Johnstown") hereby deposit with Johnstown,the following which is to be held
and disbursed by Johnstown subject to the terms and conditions hereof:
Check written upon the Account of Landowner, in the amount of
$5,000.00,payable to"Town of Johnstown",and such additional funds as may be
deposited subsequently(all such funds are referred to herein as the"deposited
funds").
B. The deposited funds shall be subject to the following instructions:
1. Johnstown shall place the deposited funds in a separate checking
account in its bank subject to the terms and requirements of these
instructions.
2. Upon Johnstown's receipt of a billing authorized pursuant to the
"Cost Agi=went"between Landowner and Johnstown,
Johnstown shall promptly submit a copy thereof to Landowner.
Backup documentation for each billing shall be furnished to the
Landowner upon request. Upon approval of the billing by
Landowner, Johnstown shall disburse moneys,from the
deposited funds,in payment of such billing. The landowner's
failure to respond to the billing,within 15 days after the date the
billing is submitted to the Landowner by the Town, shall
constitute approval to make the disbursement.
3. Any amounts remaining in the deposited funds following
completion or termination of the work shall be returned to
Landowner, and all parties shall be relieved from any further
liability with regard to this Agreement.
4. This Agreement may be altered,amended, modified or revoked
only in writing signed by all parties hereto. The Town agrees to
hold the deposited funds described above under the specific
terms and conditions of this Agreement.
5. This Agreement shall bind and inure to the benefit of the parties
hereto,their heirs, personal representatives, successors and
assigns.
"
6. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
N.
J
6
WHEREFORE, this Funds Deposit Agreement is executed effective this day of
1998.
TOWN OF JOHNSTOWN,
A municipal corporation
Thomas J. Martinez, Mayor
ATTEST:
•
Diana Seele,Town Clerk
LANDOWNER:
By:
...) Title:
•
Acknowledgement
STATE OF COLORADO )
) SS
COUNTY OF )
The above and foregoing signature of ,on behalf
of ,was subscribed under oath before me this_day of_
1998.
Witness my hand and official seal.
Notary Public
My commission expires .
I
7
Acknowledgement
STATE OF COLORADO )
) SS
COUNTY OF )
The above and foregoing signature of was subscribed under oath before
me this_day of , 1998.
Witness my hand and my official seal.
Notary Public
My commission expires
• Acknowledgement
STATE OF COLORADO )
if COUNTY ) •
The above and foregoing signature of was subscribed under oath
before me this_day of 1998.
Witness my hand and official seal.
Notary Public
My commission expires
•
MW cost agreement
8
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