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Home My WebLink About972104.tiffAugust 22, 1997 Page 2 Frederick Area Fire Protection District Certified Mail No. Z 385 248 060 P.O. Box 129 Frederick, CO 80530 Carbon Valley Recreational District Certified Mail No. Z 385 248 055 555 8th P.O Box 119 Frederick, CO 80530 Re: Solomon 77, LLC Annexation to the Town of Frederick To Whom It May Concern: IN COMPLIANCE WITH THE PROVISIONS OF SECTION 31-12-108(2) C.R.S., please find enclosed a copy of the published Notice, together with copies of the Resolution and Petition, concerning the annexation to the Town of Frederick of territory therein described. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners of the County, the County Attorney and to each Special District or School District having territory within the area to be annexed. Very truly yours, KNB:mde cc: Town of Frederick Enclosures iS'e40 1)00/97 W • Kristin Nordeck Brown /at hoj NZ) Cfl15O5 CA 972104 The Law Offices of SAMSON & BROWN A Professional Corporation Richard E.,,famson 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 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 385 248 757 Certified Mail No. Z 385 248 758 Certified Mail No. Z 385 248 059 Certified Mail No. Z 385 248 057 Certified Mail No. Z 385 248 056 Certified Mail No. Z 385 248 061 Certified Mail No. Z 385 248 054 Certified Mail No. Z 385 248 058 972194 NOTICE OF PUBUC MARINO NOTICE IS HEREBY GIVEN shat the Board of Trustees of the Town of Frederick. Colorado has adapted a Resolution Initiating annexation praceedngs for the SOLOMON 71. LLC - Annexation , said Annexation being more particularly described Ni The fotowng Resolution. The Board of Trustees of the Town of Frederick wit hold a Public Hearing commencing at 7:30 o'clock p.m.. Thursday. September 25. 1997. at Me Town of Frederick Municipal Building. 3335thSReet Frederick, Colaado806T0 tar the purpose of detemtning whether the properly proposed to be annexed meets the applicable reattremen& of the statutes of the State of Colorado and is eligible for annexation to Me Town of Frederickand to determent.' of the proposed annexation. The zonngrequested isPUD Dated this 14th day of August, 1997. TOWN OF FREDERICK. COLORADO By: Karen Borkowski. Town Clerk RESOLUTION NO. 97-R-24 4.‘"41.4a WHEREAS, a petition for annexation of certain propel y has been Ned tstlh the Board of Trustees of the Teem at Frederick; and WHEREAS. the Board of Trusteeing& reviewed the petition; and'a.-at-e'!-'T WHEREAS,the Board of Ynuhe. wishes to permit slmupaMaus consideration of the sublect psepldtl, for annexation and for forting. If requested In the petitions and whereas the Board of MATS Di reviewed the pembn and ds*ee to' adopt a Resolution m findings mow. nelaalE: Bflftubotv®BY THE BOARD Of TRUSTEES OF THE TOWN OF FREDERICK. COLORADO, AS SOL. 1.'nw petitions. whose legal -. deKuptioneattached ereto at Mtn AandlncaporotedbyHlMencehere% - w In subaattltl compliance win Rue applicable laws of the State of CdaN el -12-10712). aquYedunderO.RA. 13 1-12-107(2). Noaddul 3.toImposed except ose are d be M t Imposed lam. those pke4. The n the psmees LBoardht ,Ttheef 'pubic dWastng for the purpose of campleWwMho W . 531' 2'10&annexid adm gtt with$ctpr S3tyitre a and In the petition, at Me Frederick Town In Hat petition. at Me e0630. at he IIa1. Frederick. Colorado BW30, the )Ragas. September 25.-1997 at 7A0 _� Any person may appear at ouch R SIg aid' ouchpresent evidence relalNe ld The proposed' annexation or the feaPOSNie Toning. +a'tUpofirtOmidelbn oft the hearing, the bard of Trustees Nos set forth, by WM riferenaete & to the elrybely of ins poposedavlexalion. and whNMrIM . SkeultsyrequIrementsfame proposed dieMeallanhgwbeir metandfat5r. MI determine the appropriate MSC liat the subject 1.1ft the Boardof Trustee concludes. a-$esohstian rMat 'SI- statutory zegiementShae been met and that the Proposed'annexotbn Is proper widRrt e1DwsdmeStateofCaoado. pre Soared of TnMees dtall pas an ordinance annexing the sublect properly bple jOwn Of Frederick, aid Owl ' pas an ordnance zoning the subject properly if requNith e te pshlon.; ,j 6.-;3..+4.4 . BYTRODUCED,-nEAD. SIGNED AND APPROVED THIS 14TH DAY OF AUGUST, 1997. a, sal"," r9 + TOWN OF FREDERICK Sy: Edward J. Tagiente. Mayor ATTEST:Karen BOROMIIL Town Clerk • Me South 1/2 of the Soulllwest 174 of Section 14, Township 2 North. Range 68 West of the 6th P.M.. EXCEPTING THEREFROM those PORTIONS shown Ni Book 86 at Page 273. In Rook 1024 at Page 112. In Bogle 1325 at Pate 3R6. m Book 1503 at Doge 685. ei Book 889 as Reception No.1811095 and hi and Book 968 as Reception No.1891893, County of Weis. Star! of Colorado PubYhedI n the Farrel a miner August 24 27. September 3. 10. 1997. 972194 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 Solomon 77, LLC Annexation, said Annexation being more particularly described in the following Resolution. The Board of Trustees of the Town of Frederick will hold a Public Hearing commencing at 7:30 o'clock p.m., Thursday, September 25, 1997, at the Town of Frederick Municipal Building, 333 5th Street, Frederick, Colorado 80530 for the purpose of determining whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Frederick and to determine the zoning of the proposed annexation. The zoning requested is P.U.D. Dated this 14th day of August, 1997. TOWN OF FREDERICK, COLORADO BY: 41;1. A7 g"l Karen Borkowski, Town Clerk Publication Dates: 8/20/97, 8/27/97, 9/3/97, and 9/10/97. 972104 RESOLUTION NO. 97-R-24 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 TT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS: 1. The petitions, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, are in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. §31-12-107(2). 3. No additional terms and conditions are to be imposed except those provided for in the petitions. 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and zoning the subject property if requested in the petition, at the Frederick Town Hall, Frederick, Colorado 80530, at the following time and date: Thursday, September 25, 1997 at 7:30 P.M. 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass an ordinance annexing the subject property to the Town of Frederick. and shall pass an ordinance zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED THIS 14TH DAY OF AUGUST, 1997. TOWN OF FREDERICK AI 1E T: aren Borkowski, Town Clerk 972104 EXHIBIT A The South %s of the Southwest %. of Section 14, Township 2 North, Range 68 West of the 61h P.M., EXCEPTING THEREFROM those portions shown in Book 86 at Page 273, in Book 1024 at Page 112, in Book 1325 at Pate 385, in Book 1503 at Page 585, in Book 889 as Reception No. 1811095 and in and Book 968 as Reception No. 1891893, County of Weld, State of Colorado 972104 PETITION FOR ANNEXATION SOLOMON 77, LLC The undersigned hereby respectfully petition the Town of Frederick to annex to the Town the territory shown on the map attached hereto and described as follows, to -wit: The South %i of the Southwest 'A of Section 14, Township 2 North, Range 68 West of the 6th P.M., EXCEPTING THEREFROM those portions shown in Book 86 at Page 273, in Book 1024 at Page 112, in Book 1325 at Pate 385, in Book 1503 at Page 585, in Book 889 as Reception No. 1811095 and in and Book 968 as Reception No. 1891893, 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. G:klienlsiNaleiiredenckfannexatl0n petition 2.doc 03)101973:00 PM - JCG 372104 6. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. 7. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 8. Accompanying this petition are four copies of an annexation map containing the information following: 8.1 A written legal description of the boundaries of the area proposed to be annexed; 8.2 A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; 8.3 Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; 8.4 Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as of the January 1 next ensuing. Zoning: Petitioner requests that said territory be zoned P.U.D. It is anticipated that this property will be used for Business -Industrial purposes under the Town's Zoning Ordinance. Fees: A nonrefundable fee of $500.00 shall accompany the petition. Additional costs covering publication, attorney's fees, engineer's fees, recording fees and any other reasonable expenses by the Town shall be itemized by the Town Clerk and paid by the petitioner before approval of the annexation. Petitioner hereby respectfully requests the Town of Frederick approve the annexation. Solomon 77, LLC Willard F. Solomon and Barbara J. Solomon 8546 Weld County Road 11 Longmont, CO 80504 G:\clients\ Mhaleplreoencklannexatlon petition 2 doc 03/10/973:00 GM - JOG 972104 DATED: 7 - a; - % 7 PETITIONERS: SOLOMON 77, LLC By Barbara J. So Legal Description of Property Owned: on, Manager The South %2 of the Southwest 'A of Section 14, Township 2 North, Range 68 West of the 6th P.M., EXCEPTING THEREFROM those portions shown in Book 86 at Page 273, in Book 1024 at Page 112, in Book 1325 at Pate 385, in Book 1503 at Page 585, in Book 889 as Reception No. 1811095 and in and Book 968 as Reception No. 1891893, County of Weld, State of Colorado G clientst/alejfedonckflannenation petition 2,Goc 0110/073:00 PM - JCG 972104 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. Khi-Teen B. Fl vn, Circulator Subscribed and sworn to before me this 22nd day of July Khileen B. Flynn Witness my hand and official seal. My commission expires: 2I X120 0 0 C _ Notary Public My Canmission Expires 1= 03 G:'nIIentsthtalet\hodei1ckranneeation petition 2.0oc , 1997 by 03/10973:00 PM-JCG 9721Q4 NORTHERN COLORADO WATER CONSERVANCY DISTRICT P.O. Box 679 Loveland, Colorado 80539-0679 1250 North Wilson Lowland, Colorado 80537 Phone (970) 667-2437 FAX (970) 663-6907 DIRECTORS BOUIDER COUNTY G Raystondfoyer Les IN®a.w, Race Wright LWMER COUNTY MikeAPElearr Witham H. Roma MalaitA. Xtind WELD COUNTY WiPmrr E GWteNer Kantor BMW! Jerry Winn, WASHINGTON AND MORGAN COUNTIES E.LCaw LOGAN COUNTY Warn Condon SEDGWIOC COUNTY Genefro* DIRECTOR EiMERTn1S w a Fr OFFICERS William E Bohlmder, Resident E. L Gina.. Vice Resident Eric SWitriru.m, Secretary Derail D. LmMn.n, Treasurer Chief Engineer LEGAL COUNSE. Tama & Riley. PC 1775 Sherman Succor Sutra 1300 Denver, Colorado 80203 CONSULTANT f R. Barkley 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 Solomon 77, LLC located in the S1fSW1/4 of Section 14, Township 2 North, Range 68 West is located within the boundaries of the Northern Colorado Water Conservancy District. Yours very truly, Vr l Marilyn L. Conley Head, Allotment Contracts Department MC 972104 CENTRAL WELD COUNTY WATER DISTRICT June 4, 1997 Cameron Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street Longmont, CO 80502-0978 RE: Petition for Annexation to Town of Frederick: Haley Land Company, LLC; Solomon 77, LLC; Del Camino South, LLC; Doering/Modrall Dear Mr. Grant: Pursuant to District policy, please submit a $1,000.00 study fee for each of the above properties to allow the District to proceed with determining the impact of each on the existing system and any line extensions that may be required. Also, please submit a copy of a site plan, if no plat is available, of the property to allow the District to determine the location of any easements required. Additional easements may be required in the future depending on your final development plans. If you have any questions regarding the above, please advise. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT J. L. Walter Staff Engineer JL W/ca .,.c ,i �.'...... C.....L !'.Inr ul�� 91V,11 • r9?111 3GL1?X1 • .Inhn W. Zadel. General 972104 • LEFT HAND WATER DISTRICT May 28, 1997 Cameron A. Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street P.O. Box 978 Longmont, CO 80502-0978 Dear Cameron: A preliminary review of the annexations to Frederick outlined in your letter dated May 14, 1997 shows that Haley - NE 1/4 Sec 22: This is within LHWD, west side of I-25, north of Indian Peaks. No tap request ever been done to my knowledge. Del Camino (MUD tank) zone. Could possibly be served from 8" along I-25 frontage with looping to proposed 16" tank line, depending upon fire flow requirements. Haley - NW 1/4 Sec 23: This is east of I-25 and within CWCWD service area. Solomon - S 1/2 SW 1/4 Sec. 14: This is east of I-25 and within CWCWD service area. Del Camino South - N 1/2 SW 1/4 Sec. 14: This is east of I-25 and within CWCWD service area. Doering/Modrall - SE 1/4 Sec. 14: This is east of 1-25 and within CWCWD service area. Doering/Modrall - NE 1/4 Sec. 27: This is within LHWD, west side of I-25, south of Indian Peaks. This would have to be on same pressure zone as Indian Peaks due to high elevation - could not be served by MUD tank. Could possibly be served from 8" on WCR 18, but would probably require additional upgrading on Hwy. 52. The above statements are not commitments to serve until all requirements for service have been met. In order to address the specific requirements for service to the two properties included in the District, tap review requests must be submitted and engineering fees paid. Sincerely, Kathy eterson General Manager P.O. Box 210 • Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 972194 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: Solomon 77, LLC S''ASWIAS14 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, • fflanelit Marcia L. Modrell Administrative Office Manager Tri-Area Ambulance District CC: Karen Borkowski, Frederick Town Clerk Board of Directors Tri-Area Ambulance District Robert G. Cole, Esq. Phone: (303) 833-4824 Fax: (303) 833-3772 972104 cSt. grain csanitation 1iltzi.et (Saint San) 7<L</l%ors< (303) 776-9570 June 11, 1997 Mr. Cameron A. Grant Grant, Bernard, Lyons & Gaddis 515 Kimbark Street, Suite 200 Longmont, Colorado 80501 Re: Solomon 77, LLC Petition for Annexation to Town of Frederick Dear Mr. Grant: 5/5 g(inz at cSt., Swt< 109 l'ongmorst, CO So5o; The Solomon 77, LLC property located in the S 1/2 SW 1/4 S14 is within the St. Vrain Sanitation District service area. The property lies adjacent to the District's Godding Hollow trunk line and can be readily served. The property covered by this petition is not presently within the District; it must petition for inclusion as a prerequisite for service. Very truly yours, ST. VRAIN SANITATION DISTRICT By "1 L. D. Lawson, P.E. Manager LDL:mcj 972194 f zedezich virzea glee iee Protection fDietzict 31 WALNUT DR. - P.O. BOX 129 - FREDERICK, COLORADO 80530 Emergency 911 Business: 833-2742 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 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; 0-72cGwLC Domenic A. Chioda Fire Chief 9721 (24 / \ * - CARSON VALtSY—* June 18, 1997 Carbon Valley Recreation District P.O. Box 119 701 5th Street Frederick, Colorado 80530 (303) 833-3660 Fax ext. 21 Grant, Bernard, Lyons & Gaddis P.O. Box 978 515 Kimbark Street Longmont, Colorado 805O4 Dear Cameron A. Grant The Carbon Valley Recreation District has received notice regarding the Solomon 77, LLC, petitioning for annexation into the Town of Frederick. The proposed area is quite large. Is all of this land going to be developed? The Solomon land (S 'A SW '/. S14) is currently within the Carbon Valley Recreation taxing district By agreement with the Town of Frederick this particular plot should be petitioned to be included into the Carbon Valley Recreation District, if not already so. The concern the recreation district has is with all recent Tri-Area annexations (including all three communities) and developments stemming from such annexations, the district already faces a growing problem of lack of ballfields and other recreational facilities located within district. Granted, this particular annexation is to be zoned 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 communities have one ballfield 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 pradice 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 oca ning! Please take this into consideration. If you wish to contact me, feel free to do so anytime throughout the week M — F during the day at the r ecaeation center @ 833-3660 ext. 11. I hope to hear from you to get your opinion. Thank you for your time. Sincerely, Randall S. Dufour General Manager 9721°4 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: Solomon 77, LLC 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 Solomon 77, LLC Annexation located in Section 14, T2N, R68W to the School District. Without information on the number and type of dwelling units the student yield cannot be calculated. Please forward this information as soon as it is available. Students living in this subdivision would attend Frederick Elementary School and Frederick Middle/Senior High School under the present school boundaries. However, due to potential growth in these schools, this development and other existing developments in this feeder could be placed in another attendance area in the future. Bus transportation would be required. THIS PROPOSED DEVELOP. 1995-97 DEVELOPMENT PROPOSALS' Building Oct. 96 Student Projected Over Total # of Total Cum. Over Cap WI Cap- ' arollme. i Lmpact . ollrnen1 Cat, 'roi. Stdnts Enrollment 95-97 Dev Elementar I 864 823 No 840 1463 Yes (-599) M/S 589 544 No 387 931 Yes (-342) 0 1027 SEATS AVAIL. ° Ifil@od ®w pP© oQ4d aQmdone 70o#da Ow eho@o n4Dv®®0 eQQ@eS earn 9749Fj fowo a00 pr@p®eod • dov@dopwnooQo (9 0004007) The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment stand point. While this developments impacts have not been determined, there are other approved developments in these attendance areas which will, together with this proposal, have a significant cumulative impact on these schools. As the volume of development increases in this area, the District is becoming extremely concerned about our ability to provide the same quality education for these new students that we are providing students in other areas of the District due to increasingly overcrowded school facilities. With the implementation of the land dedication/cash in -lieu ordinance by the Town of Frederick, residential projects will now be required to pay a fee per dwelling unit or donate land based on the student yield of the development. Because of the size of the parcels under consideration in these annexations, the District would likely seek the dedication of land for a future secondary school in the Frederick area. This decision would be based on an analysis of site conditions and the potential student yield. With the land dedication/cash in -lieu program, the District would not oppose this project. Sincerely, Scott Toillion, AICP Planning Specialist r rFrt.4Narry - Orir /hrle f)nri,vr" 9721'4 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No.: F921406 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: Solomon 77, LLC 4. The land referred to in this commitment is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) SJM/sjm COMMONWEALTH LAND TITLE yNSURANCE1COMPANY By STEPHANIE J.MCRAY Authorized' Signature" Issued: June 19, 1997 972194 9721''4 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921406 SCHEDULE A - Continued LEGAL DESCRIPTION The South 1/2 of the Southwest 1/4 of Section 14, Township 2 North, Range 68 West of the 6th P.M., EXCEPTING THEREFROM those portions shown in Book 86 at Page 273, in Book 1024 at Page 112, in Book 1325 at Page 385, in Book 1503 at Page 585, in Book 889 as Reception No. 1811095 and in Book 968 as Reception No. 1891893, County of Weld, State of Colorado. Page 2 9'721'4 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921406 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) TEE 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 972104 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921406 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 9721P4 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: P921406 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 126. 8. Right of way for Farmers Reservoir as shown by Map filed as Recepiton No. 156140, insofar as same may affect subject property. 9. Right of way for pipe line facilities as granted to Wyco Pipe Line Company by instrument recorded in Book 1199 at Page 437, said right of way not being specifically defined. 10. Permanent Easement for the use and benefit of the Department of Highways of the State of Colorado as granted to The State Highway Commission of Colorado in instrument recorded in Book 1503 at Page 3, being more fully described therein. 11. Oil and gas lease between Harold L. Olander, Herbert M. Olander and Linda Justine Olander and John H. Hill dated May 6, 1972, recorded in Book 672 as Reception No. 1593885, and any interests therein or rights thereunder. 12. Mineral Deed of an undivided 1/2 interest in and to all oil, gas and other minerals as shown in instrument recorded March 13, 1978 in Book 825 as Reception No. 1747086, and any interests therein or assignments thereof. 13. Right of way for pipe line facilities as granted to Panhandle Eastern Pipe Line Company, by instrument recorded November 18, 1974 in Book 727 as Reception No. 1648683, being more fully described therein. 14. Right of way for pipe line facilities as graned to Panhandle Eastern Pipe Line Company by instrument recorded September 20, 1976 in Book 777 as Reception No. 1699364, being more fully described therein. 15. Right of Way Easement and License by and between Godding Ditch Company and Panhandle Eastern Pipe Line Company recorded in Book 780 as Reception No. 1701672, insofar as same may affect subject property. 16. Easement and right of way for water line purposes granted to Central Weld County Water District by instrument recorded October 19, 1994 in Book 1463 as Reception No. 2411728. Page 5 972194 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: 7921406 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. 21649750. (f) United Power, Inc. recorded January 24, 1991 in Book 1288 as Reception No. 2239296. Page 6 972194 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. F921406 July 14, 1997 RE: Solomon 77, LLC/ 8546 WCR 11 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: 972194 ENDORSEMENT Attached to and forming a part of Commitment No. F921406 Issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY Insuring: as set forth in said commitment. The said commitment is hereby amended in the following manner: Requirement 17 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. 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 14, 1997. Dated: July 14, 1997 COMMONWEALTH LAND TITLE INSURANCE COMPANY: n Authorized Signature 972194 FREDERICK ANNEXATION PETITION Solomon 77, LLC AFFIDAVIT OF SURFACE ESTATE OWNERS Subject Property: Township 2 North Rance 68 West. 6th P.M.. Weld Count/. Colorado Section 14: S14SW% excepting therefrom those parcels described in Book 86 at Page 273; in Book 1024 at Page 112; in Book 1325 at Page 385; in Book 1503 at Page 585; in Book 889 under Rec. No. 1811095, and in Book 968 under Rec. No. 1891893. STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly swom, 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. 1313-14-0-00-011 Jerri Lynn Doering, James Modrall & Est. of Lorraine Miller, decd. 241 Sherwood Ct. Longmont, CO 80501 1313-14-0-00-054 Del Camino South LLC 203 S. Main Street Longmont, CO 80501 1313-14-0-00-066 Roger Giesey 9084 I-25 Frontage Rd. Longmont, CO 80504 1313-14-0-00-067 Roger Giesey 9084 I-25 Frontage Rd. Longmont, CO 80504 1313-14-0-00-010 Donald & Cathy Diesing 9054 I-25 Frontage Rd. Longmont, CO 80504 1313-15-0-00-020 Jack C. & Margaret C. Dillon 138 So. Downing Street Denver, CO 80209 1313-15-0-00-073 Marvin D. & Sharon K. Hopper 3656 WCR 20'/z Longmont, CO 80504 1313-15-0-00-019 Rinn Methodist Church 3783 WCR 20 Longmont, CO 80504 1313-22-0-00-023 Haley Land Company LLC 14491 WCR 5 Longmont, CO 80504 1313-23-0-00-001 Haley Land Company LLC 14491 WCR 5 Longmont, CO 80504 1313-23-0-00-039 Jack & Barbara A. Berger 9821 Cob. Hwy. 52 Ft. Lupton, CO 80621 Page 1 of 2 9721'T4 William G. Crews Certified Professional Landman #3477 Subscribed and sworn to before me by William G. rews this 21st day of July, 1997. \\ ()TAR), Page 2 of 2 9'721`114 FREDERICK ANNEXATION PETITION Solomon 77, LLC 1) „'Y tUtar: n AFFIDAVIT OF MINERAL AND MINERAL LEASEHOLD OWNERS Subject Property: Township 2 North. Range 68 West. 6th P.M.. Weld County. Colorado Section 14: S'r4SW'% excepting therefrom those parcels described in Book 86 at Page 273; in Book 1024 at Page 112; in Book 1325 at Page 385; in Book 1503 at Page 585; in Book 889 under Rec. No. 1811095, and in Book 968 under Rec. No. 1891893. 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 and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property. Mineral Owners Solomon 77, LLC 8546 WCR 11 Longmont, CO 80501 Leasehold Owners Bataa Oil, Inc. 2500 W. 29th Street Greeley, CO 80631 HS Resources, Inc. 1999 Broadway, Suite 2600 Denver, CO 80202 r William G. Crews Certified Professional Landman #3477 bed and sworn to before me by William G. Crews this 31st day of July, 1997. 9721'4 a a Cim w A 0 64 Er4.4 l' wo ow O � G] E —N N31 YfS 33«Y CONTAINING 75.619 a�. 0 O n n 10 I I IT! °iorr 6 �a vw I it' 3 z 11180 i .C2.LQea S *I NUIL'lif 4/1 1i]MNLMS JNI11SM7 .. 1000 } 1 t 11 il a1 14 II; 6!t ;1 l ii �ii 2. III li 11 111 f1 �e ;aM iit :II III 1III !I! 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