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Home My WebLink About972100August 22, 1997 Page 2 Frederick Area Fire Protection District P.O. Box 129 Frederick, CO 80530 Certified Mail No. Z 339 952 889 Carbon Valley Recreational District Certified Mail No. Z 339 952 895 555 8th P.O Box 119 Frederick, CO 80530 Re: Doering/Modrall - East 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. Very truly yours, Kristin Nordeck Brown KNB:mde cc: Town of Frederick Enclosures ele-Me It v« -a fl/ 7/9% ee . i°Ljfft;,w;G-1J sL c 972100 The Law Offices of SAMSON & BROWN Professional Corporation Richard E. Samson Kristin Nordeck Brown Scott J. Smith Alan D. Carlson Of Counsel nr-., 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 385 248 761 Certified Mail No. Z 385 248 762 Certified Mail No. Z 339 952 890 Certified Mail No. Z 339 952 892 Certified Mail No. Z 339 952 893 Certified Mail No. Z 339 952 888 Certified Mail No. Z 339 952 894 Certified Mail No. Z 339 952 891 9721N) NOTICE Of PUBLIC NEARING NOTICE IS HEREBY GIVEN Mat tie Board of Trustees of the Town of Frederick, Colorado has adopted a Resolution Initiating annexation prOceedngs for Me Doering Modra4 East Parcel Annexation. said Annexation being more particularly described in the following Resolution. The Board of Trustees of the Town of Frederick ME hold a Public Hearing commencing at 7:30 o'clock p.m.. Thursday. September 25. 1997. at the Town of Frederick Municipal Building. 3335th Sheet Frederick. Colorado t0530 for the purpose of detearkning whether the property proposed to be annexed meets the applicable requirements of Me statutes of the State of Colorado and is eligible for annexation to the (own or Frederick and to determine me zoning of the proposed annexaten. The zoning requested is P.U.D. Dated Me 14th day of August, 1997. TOWN OF FREDERICK, COLORADO By: Karen Borkoww, Town Clerk Published In the Farmer & Miner August 23. 27. September 3, 10, 1997. • RESOLUTION NO. 97-R-26 WHEREAS, a petition for annexation of certain properly has been fled with the Board of Trustees at the Town of Frederick: and WHEREAS, the Board of Trustees nos reviewed Me petition: and WHEREAS,. the Board of Trustees wishes to permit simultaneous consideration of the subject properly. for annexation and for zoning. It requested in the petitions: and Whereas the Road of Trustees has reviewed the petition old dues to adopt by ResoMbn M findings h regard to the petition NOW. THEREFORE. BE ITRESOLVEDBY THE BOARD OF TRUSTEES OF THE TOWN OF .FREDERICK, COLORADO. AS, FOLLOWS: 1. The petitions. whose legal description &attached heretoalrftl A andpncorporated by reference herein. are in substantial compkance with the applicable laws of the State of Colorado. 2. Noeecrbnbrequked under CRS, 431-12-107(2). 3i N0odfhondterTeandcandlbn are to be Imposed except Mow pro1ided for in the petitions. 41 The Board of Totstees WI hold d public hearing to the purpose of detem9nkig it the proposed annexation aarnplles with C.R.S. 431-12.104. and zone,9 The subject property If requested In the petition. at Me Frederick Town Hat Frederick. Colorado 80530 at the Mowing time and date: - T ursday. September 25, 1997 at 7:3D P.M. S Any person may appear at such heating and present evidence Saha tO Tie proposed annexation or the proposed zoning. G Upon completion of the hearing, the Board of Trustee' shat set forthL by resaotion. Its findings and conclusions with reference to the ekgbely of the proposed annexation, andwhetheMe ktoMoryregWretrentsforthe proposed Onnexawn have been met, andfather. wit determine Me appropriate zoning Of the subject properly if requested In the petition. 7. If the Board or Trustees Conclude& by resolution, that all statutory requirements have been met and that the proposed annexation k proper under the lawsof the State of Colorado. the Board of Trustees shall pass an ordinance annexing the subject property to the Town of Frederic& and shall pass an ordinance zoning the subject properly U requested in the S. INTRODUCED. READ, SIGNED AND APPROVED THIS 14TH DAY OF AUGUST. 199E TOWN OF FREDERICK By: Edward J. Tagllente, Mayor ATTEST: Karen Borkowski, Town Clerk EXHIBIT A Me Southeast Quarter of Section 14. Township 2 North. Range 68 Wed of the O P.M.. County or Weld. State of Colorado Published M tie Farmer B Miner August 20. 27, September 3. 10, 1997. 972120 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 - East 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: im4114Lek K en Borkowski, Town Clerk Publication Dates: 8/20/97, 8/27/97, 9/3/97, and 9/10/97. 9721N) RESOLUTION NO. 97-R-26 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.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 A HEST: aren Borkowski, Town Clerk 972100 EXHIBIT A The Southeast Quarter of Section 14, Township 2 North, Range 68 West of the 6'" P.M., County of Weld, State of Colorado 972120 PETITION FOR ANNEXATION DOERING/MODRALL - EAST 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 Southeast Quarter of Section 14, Township 2 North, Range 68 West of the 6th P.M., 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, G\clients\h\haleMredenckRannenatlon petition 2.00c 03/10/9]100 PM - JCG 9721°0 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 property will be used for residential 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 G \cllentsttale lre,enckNnnexation petition 2.doc 03/10/97 3:00 PM - JOG 9'72,"0 DATED: 7 326 PETITIONERS: Doering, s>Co-Personal resentative of the Estate of Lorraine filer W. Modrall, as `Co -Personal Representative of the Estate of Lorraine Miller Legal Description of Property Owned: The Southeast Quarter of Section 14, Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado G c0entst'ialejhedenckOannexafon petition 2.doc 03/10/97 3.00 PM • JCG 9721eO 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 Z3C-" day of Khileen B. Flynn Witness my hand and official seal. My commission expires: 12/&206 0 CACWILlyCia-be Notary Publi My C emission Expires 12/52000 Circulator , 1997 by G1cIienlseMdlepheeeekkRannelalgn peUllon 2. doc 03/10/973:00 PM - JCG 972190 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 /IfSs=rT'� -w' DIRECTORS BOULDER COUNTY G Erma Ave La Malmo Rind Wrig*I LARIMER COUNTY Mike Applaaa William H. E,w,, MmjaaA. Knind VIED COUNTY Warm E Bokladm Kamm Brume Je^Y Wham WASHINGTON AND MORGAN COUNTIES EL Gram LOGAN COUNTY William Camden SED :WICK COUNTY GearJnu DIRECTOR EMERITUS WA Fn OFFICERS William E. Beklnda Pr vdenr E. L Cann. Vice Pmidenr Era WLYruiwn. Sccremry Dana D Zimklmen, Treasurer Chief En@neer LEGAL COUNSEL Trout & Raley. P.C. 1775 Sherman Sues Store 1300 Denver, Colorado 80203 CONSULTANT 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 Doering/Modrall located in the SEI/a of Section 14 and the NEl/4 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 972 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 972190 111Z fl..A ..,..nl... . nr..ol..v f�nlnr',rin .40611 • (910\ 1i7-1741 • John W. 'lade]. General %tanager LEFT HAND WATER DISTRICT memI 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 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 eterson General Manager P.O. Box 210 • Niwot CO. 80544 • (303) 530-4200 • Fax (303) 530-5252 9721p0 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%ofS27 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, "''most, 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 9721N) 141.40/7E 303) 776-9570 cit. (Rain cS'aniLafion 1�isLzici (cSainb csan) 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 515 Xiinz t ..St..-c$uitc 109 l'on9mont, CO So5o1 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. LDL:mcj Very truly yours, ST. VRAIN SANITATION DISTRICT L. D. Lawson, P.E. Manager 9721 O f eedeeicb o4iea ,f ize Peotection fDiettict 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. O. 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; Domenic A. Chioda Fire Chief 9'7 WO Carbon Valley Recreation District P.O. Box 119 701 54i Street Frederick, Colorado 80530 (303) 833-3660 Fax ext. 21 * -CARBON VALLEY - June 18, 1997 Grant, Bernard, Lyons & Gaddis P.O. Box 978 515 Kimball( 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 % 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 ally so. The east portion (SE A 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 rnof be munis) and ds and developments stemming from such annexations, the distrid already faces a growing problem other r eueational facilities located within district. Granted, this particular annexation is to be zoned business/industrial, 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 practice times and places to practice as it is now. The annexations and developments taking place throughout the Tri-Townsare only from going to make a tight situation tighter. Soon the recreationis lackfacilities trid will but plenty have no choice but oto people aanway children inesfr participating in CVREC athletics, activities and programsdue ts. 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 occuning! 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 ieu _ eation center @ 833-3660 ext 11. I hope to hearfrom you to get your opinion. Thank you for your time. Sincerely, Randall S. Dufour General Manager 9721 `m® St. Vrain Valley School District RE -1J June 2, 1997 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-4978 • FAX 303-682-7343 Mr. Cameron A. Grant Grant, Bernard, Lyons and Gaddis 515 Kimbark Street Longmont, Colorado 80501 RE: Doering/Modrall Annexation located in Section 27, T2N, R68W Dear Mr. Grant: Thank you for referring the Doering/Modrall Annexation located in Section 27, 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 Mead Elementary School, Mead Middle School and Skyline 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' I Building- Oct. 96 Student Projected Over Total # of Total Cum. Over Cap WI CaoacitvEnrollment Impact nrollment can. 'roi. Stdnts Enrollment 95-97 Dev Yes 1399 1927 Yes (-1471) Elementar 456 528 Middle 349 317 No 635 952 Yes (-603) High 1299 1149 No 774 1923 Yes (-624) 0 1409 SEATS AVAIL DaOorA ®w iprolo ft S :QmSow4 yfo0&)e dw Own ao go fl @at&oarose fl70)WO ail prop000d do goo ©pm eo (fl 0g5-14707) 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, I1 qa. tb. Scott Toillion, AICP Planning Specialist n„r 9721.0 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) SJM/sjm COMMONWEALTH LAND TITLE -INSURANCE COMPANY Hy STEPHANIE J.MCEAY Authoriaedh‘Signature Issued: June 19, 1997 9721P0 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921405 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 972100 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 SAS 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 3 972_',949 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 NAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLEAR AND RECORDER, OR THE COUNTY ASSESSOR. Page 4 972190 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921405 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. Right of way for oard Ditch as shown by Map filed with the Weld County Clerk and Recorder, insofar as same may 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 21, 1970, recorded September 14, 1970 in Book 633 as Reception No. 1554539, and any interests therein or rights thereunder. 11. 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; assigned to various parties by instrument recorded May 27, 1997 as Reception No. 1701068 (Boulder County 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 in Book 1426 as Reception No. 2372729, being more specifically defined therein. Page 5 972ro COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: 7921405 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 372120 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No.: F921405 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 3721.20 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: 9721'10 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 972' no FREDERICK ANNEXATION PETITION Jerri Lynn Doering, James Modrall & Est. of Lorraine Miller, decd. AFFIDAVIT OF SURFACE ESTATE OWNERS Subject Property: Township 2 North, Range 68 West. 6th P.M.. Weld County. Colorado Section 14: SE% 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. 1313-13-0-00-012 Meredith O. Johnson Trust P.O. Box 239 Longmont, CO 80501 1313-13-0-00-014 Elda Mae Johnson, Elizabeth N. Doores, & Grant V. Niven 710 N. 44th Avenue Yakima, WA 98908 1313-14-0-00-015 John Joseph & Mary Granger 9551 WCR 11 Longmont, CO 80501 1313-14-0-00-042 Nancy L. & Karen A. Bruckhauser 9629 WCR 11 Longmont, CO 80501 1313-14-0-00-020 Stanley Olson Go Del Camino East LLP 360 S. Monroe St., Ste. 355 Denver, CO 80209 1313-14-0-00-075 Stanley Olson c/o Del Camino East LLP 360 S. Monroe St., Ste. 355 Denver, CO 80209 1313-14-0-00-054 Del Camino South LLC 203 S. Main Street Longmont, CO 80501 1313-14-0-00-017 Solomon 77 LLC 8546 WCR 11 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 1313-23-0-00-001 Haley Land Company LLC 14491 WCR 5 Longmont, CO 80504 Page 1 of 2 9721n0 1313-23-0-00-039 Jack & Barbara A. Berger 9821 Colo. Hwy. 52 Ft. Lupton, CO 80621 1313-24-0-00-070 G.L. & D.F. Dittmer 5220 WCR 20 Longmont, CO 80501 William G. Crews Certified Professional Landman #3477 •••.•Subscribed and sworn to before me by William G. ' ews this 21st day of July, 1997. OTARy'• P fssi er�pireden Page 2 of 2 Notary P is 97212o FREDERICK ANNEXATION PETITION Jerri Lynn Doering, James Modrall & Est. of Lorraine Miller, decd. AFFIDAVIT OF MINERAL AND MINERAL LEASEHOLD OWNERS Subject Property: Township 2 North. Range 68 West 6th P M Weld County. Colorado Section 14: SE% STATE OF COLORADO COUNTY OF WELD THE UNDERSIGNED knowledge the following is a owners and mineral leasehold Mjperal Owners Jerri Lynn Doering 241 Sherwood Ct. Longmont, CO 80501 James W. Modrall 4590 Granby Circle Colorado Springs, CO 80919 Wallace Grant 515 IGmbark Longmont, CO 80501 Charles Grant 515 Kimbark Longmont, CO 80501 Douglas Grant 13625 E. County Line Rd. Longmont, CO 80504 Luther Stromquist 8646 N. 119th Longmont, CO 80501 tie �gt�sotlti9ilrrand sworn to before me by William 1. ''...net* . v ) ss. , being first duly sworn, deposes and states that to the best of his true and accurate list of the names and addresses of the mineral owners having an interest in the Subject Property. Charles Stromquist 8449 WCR 5 Longmont, CO 80504 i Lorraine Stromquist Knaus 8152 N. 119th Longmont, CO 80501 Dorotha Stromquist Ekx 1097 Purdue Drive Longmont, CO 80503 Leasehold Owners Bataa Oil, Inc. 2500 W. 29th Street Greeley, CO 80631 Machii-Ross Petroleum Company 3420 Ocean Park Blvd., Suite 3070 Santa Monica, CA 90405 TSK Enterprises (U.SA.), Inc. 3420 Ocean Park Blvd., Suite 3070 Santa Monica, CA 90405 William G. Crews Certified Professional Landman #3477 Crews this 31st day of July, 1997. ary Public 97.21 2,0 CONTAINING 157.28 ACRES I g Kle F C ryl 0 n N O toi N N 89'58'32' E I l 1e � a1 i z (Mod <ow avoa uNnoo a 3 M .Lt,LZ.00 N I iI 1 .D 1 a a t 1, 1 Ili li ihilii lir ii Ili! 4 q 11 bi il !II 1 2, it: .1. !INalle. tiiii ill IN j ill i4 i 1 1h ii "lig! 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