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Home My WebLink About981937.tiff TOWN OF BERET QUD 328 MASSACHUSETTS AVENUE•P.O.BOX 1229 BERTHOUD,CO!.ORApQ 80543 r•; {7: 755 TOWN HALL POLICE DEPARTMENT (970)532-2643 CLC L,1r (970)532-2611 June 18, 1998 Weld County Commissioners 915 10th St. Greeley, Co. 80632 RE: Annexation Notification Dear Sir: Pursuant to CRS 31-12-108 and 31-12-108.5,please accept this letter as notification that the Town of Berthoud has scheduled a public hearing for July 281998 for the Tollgate 2°d Annexation and Tollgate 3`d Annexation. Enclosed please find copes of the published notices, annexation resolutions and impact reports. Sincerely, ` A Mary K. Cowdin Town Clerk \A cc AIL(6-79) 981937 Ot; Poi,. On c,4, so • /JE l AMENDED RESOLUTION NO. 14-98 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, LARIMER AND WELD COUNTIES, COLORADO AMENDING RESOLUTION NUMBER 11-98 THAT: 1. At a regular meeting of the Board of Trustees on June 9, 1998, the Annexation for Tollgate Farms Second Annexation was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12-107(1)(f), C.R.S. 2. The Board of Trustees has reviewed the petition and finds that the requirements set forth in Section 31-12-107(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31-12-108(1), C.R.S., the Board of Trustees hereby resets the date for the hearing on the annexation petition from July 14, 1998 to July 28, 1998 at 7:30 P.M. in the Town of Berthoud Board Room located at 328 Massachusetts Avenue, Berthoud, Colorado. Notice of this hearing is being published. 4. The purpose of this hearing shall be to determine whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S. and is eligible for annexation..` 5. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing this property. This resolution was passed by a vote of 5 in favor and 0 opposed at the meeting of the Board of Trustees on the 23rd day of June, 1998. TOWN OF BERTHOUD: Maryat . C din, Town Clerk hard Stra han Mayor _l�Y � een q /937 . 7 • 1 .s ..., ,.� • I1 Honk 81.515'Fiat,a disarm of 60.04fat iF,?F�ORSYT` 'V®i 1)Honk 06.10.45'East a disarm 0(70.70 fat 3)Nor 8190'70'East a distance f 26710 feet b • tee.inlag le a(0 cowered lode Sank.having }".•• i rs R'S.: 409` 4 . f f 1.V '•I"'-� - "�. n eats]angle 0(02'44'00'and•disaaa d - ... _ ;.;.- 22991.00 feet,the chord of which bean North to de South right.of-way line of WBhway No.56:Legal Notice • 4) Easterly` ala awe of said cave 12944 M9.40 feet ' theme IRKY eking (27a)beaanu Wd follow. 3)South 11'51'30'Ent•distance(79290 fat I)Scads 8972'32'.West'distance of30.00 fat 6)Nov*85]7'00'Eat adivance f 83350 fat AMENDED RESOLUTION . 7)North 83.01'00'East.•&mace of 104000 fen to 2)South 0070'41'Wm,a distance of 50.33 feet NO.14-98 the beginning of•cunt:concave in the Smith.haring 3)Smith 89'5642'West.a distance 0130.03 feet annual angle of 04•11111'inn•deer°of 7715.0) ' 4)NOM 40'24'02'West,a distance of 69.2S met fen.an ehadfvhk*bean Nor 82'49'30.Ent 5)South 89.2200'Wat a distance of 2568.90 feet BE n- FTHETO BY BE BOARD OF TRVS 8) est ea of 67010 fat 615mith89'22a0'West 228730 lento the beginning TEES C COUNTIES. BERIHOUD.I+*RId®t 8t.thence emteriY plea{the wfsald carve 6]0.61. of•curve concave to the Northeof2 having a weasel angle MD WELD TIO NNUM COLORADO AMEND- ;ec of 03'41'55'and adiwreof2299500 kettle thud NO RESOUMON NUMBER I I-0B 1HAT: 9)South 87.07711'Fist•dims d 751.80 keg of which bean South 89.41'00'Wm for MAO feet 10)North 44'5410'East.advents 469.10 feet • f7)eet:thence Westerly along the art of mid curve 280.40 I.At a regular meeting of the Bond a teee5 on in South 887oh7a a*.alma 4111'kat• fat lea Annexation Annexation for Tonne 0444 Sec. . . — - 0)South 44'00'30'West distinct of7030 feet ad Ameuden was as cofldreds llouda75a• 13)North 8972'12'Eat.•distant f 21.79 feet-.�'� 91 South 81'37'I9 Wut a dstance al n.70 bet ' tees by he CbR u a ammonkedon Fern's"'le 13)South 11'56'00'East,adbince of 7240 het ID)I North 88'3719'West. distance of 2810 feet Section 3t.-12107(1X0.C-RS. 14)NOM 89.22'00'East. distance of 521W feet IH North 45'05'30'Wes 7210 feet to the beginning of amine concave to the North.having•r eemi angle 2.The Board of TnImechsamviewd to peddan std to the West line of said Section IS:therm along said I of 0742'38'and&distance of22995EO feet.thechad fads that therequiretms at foM le Section 31-12- -West One North 0073'00'West.dim=ofim i which bean North wino-West for curve fat 107(1%O.C.R.S.have been substantially complied foot to•line that is parallel with and 170 foal Nor I 12)thence westerly along the am of said curve 283.20 with. measured at right angks horn the North lighl<fmy feet J.Pursuant Section 31.13.108fl).CAS..the Bad 'line of said Highway No.56:thence along saidparalel 13)Nonh 88.50'10'West.•distance of 471.80 feet Ida Noah 89'08'00'East•diwnts 0(266210 feel 14)North 8876'00'West.•disarm of SW.10 fat of Truster hereby resets the date for thebearing on to•ght thgles,2.77.__...7,7f, s with stlineot Wmmwsad 15)South 88'37'W'West.•distance of 207.00 feet the annexation pennon July 14.1991 m luy 28. at right.angle, ecti de Was Bue of Ue Soudem 16)South 83'56'00'Wes,a distance of 603.50 feet 1998 n p.m.in the Town of Berthoud Bad Quancr of old Section I5:thence aloof said panfat If)South 8679'00' est6 .20 fen to the beginning Room located at 328 Massachusetts Avenue-Bet 0rc a North 'Ea r dbure of 1.90 feet ofa cunt carcaKmde NOM.NriegattsbJ angle lhoud.Colorado.Notice of this hexing b being pub- thence Nor 89'08'00'East a distance r of foot of 04'25'30'and a disInce 0(771510 katthe chord Ibhed. - to said West line of the Southeast Quarter of Section of which ban South 88'42'W West for 595.70 feet • 15:thence along said West line North 00.24'16'West fII)eet Wesedy along the w of said curve 595.85 1.The purpose of this hearing shall be to determine a distance of 262391 feet to the North line of the whether the ens proposed to be annexed mats the Southeast Quarter of Section IS:there gong aM t' 19)Noah 89'05'30'West a distance of 79170 feet applicable requirements of Sections 31-12-104 and NOM line North 89.37'29-East.I distance of 2425.46 20)Noah 85.0670'West a distance f36310feet • fat to said Wan line of de Han Annexation b the 21)South 88'1170'West a distance of 319.00 fat JI-12.101.CAL.Wtadigibb for anrsstiat 22 South 88.45'30'Wm.a distance f mn.8o fat Town oflohabwnandto.Wa)ricesotngmidasf ) said Interstate Highway Ne.25: rc•lon mid 2l)South 43'd3'W'Wess.•dfeutsfT0.80 feet 5- s the event the Bard n Tmtoesave been nt the 8 weY g - wmmry .40 tot.iea faranmx•tl on net lines South 00'08'12'Fast•dismnce of 270.41 feet to the East right.of.way line ofeud' Weld County Road the Baud IMO hold•garble hearing on the ordnance tothe beginning ofacurve.coaave to the Wesbaring . anrxini this property. - acenwl angk of 11.58'34'and a distance of 5595.00 Na.l;dente slang std Eat rigln4Fe•y One South fat the chord of which bean South 05'52'4]'Wont 00'32'le West.astaeof2572_8 farm the South This resolution was passed by roe of 5 in favor and a distance of 1167.37 feet thence South 23'10'24' line of the Northwest Quarter of Section 20:there O opposed u the meeting of the Bold of Trustees on West distance of 1244.75 feet to the said North line along said South line South g9'01'Wutadisanee the 23rd day of lune,1998. of the Hart Annexation to the Town of Johnstown and of30.Wfatto the P9imelBegimin8- TOWNOFBERTHOVD: 10 the N9rrighta(-waylircof said Highway No.36: Thesbovedesaibd Wdtahuhu]J9 ACRES.more thence along said North lines South 89.26'08'West or less. - a distance of 750.00 feet thence South 86.31'48' Richard Suxhan,Mayor _. Weta distance of 190.66 feet to the East line of LOT ' ,� A of the WIL BERT HART.Recorded Eaemptioe No. Mary K.Cowdin,Town Clerk 1061-154-REl5 9:thence along said East line and ' . the Noah and West linesofsad Exemption the fallow. PUBLtC NOTICE . lei 3 courses tut.distances: TO AU.INTERESTED PARTIES You will*me E%HIBITA ' take nonce the Board of Trustees of the Town of LEGAL DESCRIPTION I)Nonh 02'50'09'West.a distance of 201.80 fat Berthoud will hold n net haria fa tle pmpoed • 2)North 88'15'31'West a distance of 225.84 feet . annexation and ord.' of Ta0Lsae 2ndon1Jy38. Those pardons of Sections IS though 22.Township ' 3)South 01.15'12'Wm.a distance f 233.17 fen - 1998.The public hearing will b<bcldbtle now -- North.Range ri Was of to s: P.M.Weld County. - - Ranh at Town Hall.328 Massachusetts Ave..Bcr- Colardo.dmriMdu(allow' tothe Nor line of de HART ANNES-AIION totle thod,Co..bcLhoningat7:70pm- Beinnin at the East _. ..Town oighwaywn and the Noah right-of-way the of - _ _ - BeginningQuarter Career of Section 19: :State Highway No.56.thence along said North]diet TOWN OF BER HOUD thence along the8'Em-Wm cenedhr of said Section 'South 86'31V8'West•distance of 373.96 feet - I9 South 89.78'26'West.•dkmn of 509736 fat thence South 88'14'27'Wesadistanceof2d111 feet -.'_' Mar/KCovdin Town Clerk to aa line that is parallel with and l feet East to the Wm One of the 5ounM a Quarter of Section 15: _ • measured at right angles from the West lined the - thence along acid Wen line South 00'01'02'.Eat• .• -.. Northwest Quarter of said Section Ent. thence Jag distance of 3190 feet to the South Quaver Carver of ' Published in The Old Berthoud Recorder' said parallel 6neNoMOdybo9'Ent a distance of Section IS; dandle encecontinuing dde East line fill ]use 25.July 2,July 9.sag July 16.1996 1308.03 feet ethe Southerly boundarylie a&Tollgate Northwest Quarter of Lvov 22 odds West line of - - Farms Annexation Ma to the Town of Mahout thence the HART ANNEXATION,to the Town ffoh he _ Jong said Southerly bounds line end t East W . South 00•17'25" ast a distance of 9230 keno the . North boundary lines of mid Tollgate Ferns Annexe. South tight.of.vny line of Highway No.56:thence atou don to de roam ofBd se/Wowng en tsoas along n said South ghta6way line the following three 7., ,.. ':andduueas: (3)courses and distances. OT y; Sys 0 61 Bl`•-8 BJf�ir},IY�' :11 ;. I)South 89.2541'Eas.adine=of 2300 feet - 1)South 8871'00'Wes,a distance of 29)50 feet _ 2)South 007879'West edema=0(1197.62 fat 2)South 89.08' Wen distance of 1960.70 fat ' 1)North 89.38'36'Etna distance of 100.00 feet 31South 89.22'72'2'West•distance of 368.87 feet 4)North 001379'Este distance of 1000110 feet 5)North 89'38'36'East a dbtnce 0(2600.00 feet to a line datuparallel with and lO fat Eat measured 6)South 00•ii'76'East a distance of 999.87 feet at right angles,from the East right-alway line of Weld ' 7)Nor 89.3846'East a disused 0(2316.49 feet County Road No.7:thence along said East line the 8)Nadu 00'32'14'East•disown of 130701 feet following sera(7)Counes and distances: 9)South 89.8242 West,adieu=0(254735 feet M 10)NO 01.1876'East a distance of 10-01 hen I)South 2970'01'West a distance 0(2152.62 fat . 2)South 297979'East.a distance of 10.00 feet to the Northwest Comer of de South Half of the 3)South 00'20'41'West,a distance of 218.03 feet Northeast Quarter ofmid Section t.4,thence along the 4)South 10'57'55'East a distance of 5099 het Noah line of said South Half of theNoMeast Quarter 5)South 0070'41'West a distinct of 50269 feet NOM 897242 East a distance of 255712 feet to the - 6)South 71'20'41'West.•distance 0(10.01 feet West a along-way line of Weld County Rod No.J: 7)South W70'41'west.*distance of 873.92 fm thence said West right-of-way line North ' 01'1I TO'West.&distanof ce of 147532 feet tothe North to the South line of the NOM Half of the Southwest line Colorado Sue Highway No.56: Quarter of raid Section 22:thence along said South thence along mid North righaaf-sty lire of Colorado(1do line Noah 89'22'49'West•disancef Road cosines Sete Highway No.36 the following fourteen(14) theNo said Em rig ong said y line of Weld County eo Jad distances: - No.7:thence Jong sa East rightf-way line the following seven a(7)Ma and distance& H Noah 00'20'41'Ease distance of 81635 bet 2)North 30'20'41'East a distance of 30.00 feet . 3)Noah 00.2041'East a theme.f499.02 fat 4)Noah 10'57'55'West,a distance M30.99 feet 5)Nod.0070'01'East a distance of 21634 het 6)Noah 29'39'19'West adistance of 10.00 feet 7)Noah o070 41'Est•distance of 3153.14 feet 7;66k 2-./ `��X37 TOWN OF BERTHOUD, COUNTIES OF LARIMER AND WELD, COLORADO ANNEXATION IMPACT REPORT CONCERNING THE TOLLGATE FARMS 2ND and TOLLGATE FARMS 3RD ANNEXATIONS In Accordance with Section 31-12-108.5 of the Colorado Revised Statutes Annotated. The Town of Berthoud is submitting the following annexation impact report to fulfill all such required action for the above named annexations. This impact report specifically analyzes the above annexations and identifies what impact it will have on the Town of Berthoud and the municipal services that will be provided. This impact report has been completed at least twenty-five days before the date of the Public Hearing established pursuant to Section 31-12-108 of the Colorado Annotated Statutes. 1 W/93 TABLE OF CONTENTS ANNEXATION AND THE TOWN OF BERTHOUD 3 TOLLGATE 2L7D ANNEXATION 3 TOLLGATE 3RD ANNEXATION ....3 TOWN BOUNDARIES§31-12-108.5(A)(I) 4 EXISTING&PROPOSED INFRASTRUCTURE§SECTION 31-12-108.5(A) (II) 4 EXISTING AND PROPOSED LAND USES§31-12-108.5(A) (III) 4 PREANNEXATION AGREEMENTS§31-12-108.5(B) 4 SITE DATA§31-12-108.5(C) 5 EXISTING 5 PROPOSED 5 FINANCING OF MUNICIPAL SERVICE EXPANSION'31-12-108.5(D) __..6 EXISTING DISTRICTS§31-12-108.5(E) 6 ANTICIPATED IMPACTS AND COSTS TO SCHOOLS§31-12-108.5(F) 6 2 9?i937 Annexation and the Town of Berthoud State statutes require that any municipality annexing property must provide "urban level services" (i.e. water, wastewater, police, recreation, schools, and other services) to those areas they intend to annex. The Town of Berthoud recognizes this responsibility and can successfully provide these services to those areas under consideration by the Town. The Town of Berthoud has adopted a Comprehensive Plan and Development Code that both describes and requires future development within the Town to meet standards that will provide the same levels of service to new areas as it is currently providing within the existing town. These documents, we believe allow the Town to achieve controlled, orderly and efficient growth that any Front Range community could use as an example of smart growth. To accomplish orderly, controlled, quality growth in terms of annexation, Berthoud will rely on the Town's Development Code, Comprehensive Plan, Land Use Plan and the Northern Colorado Regional Planning Study to provide the basic guidelines for construction and development of new areas around the Town. Tollgate 2nd Annexation The properties included in this annexation are to be known as the Tollgate 2"d Annexation to the Town of Berthoud. These properties are contiguous to the Town of Berthoud and the total area of this annexation is 239 acres +/-. The parcels included in this annexation are currently being used for agricultural purposes and will be brought into the Town under the zoning of (T) Transitional and (AG) Agricultural. The Town of Berthoud Development Code only allows property to annex into the Town under one of three types of zoning. The property owners asking to be annexed into the Town of Berthoud have all asked to be annexed to the Town and zoned either as (T) Transitional or (AG) Agricultural until they have completed their plans for their properties. Tollgate 3rd Annexation The property included in this annexation is to be known as the Tollgate 3`d Annexation to the Town of Berthoud. This property is contiguous to the Town of Berthoud and the total area of this annexation is 304.24 acres +/-. The parcel included in this annexation is currently being used for agricultural purposes and will be brought into the Town under the zoning of (AG) Agricultural. The Town of Berthoud Development Code only allows property to annex into the Town under one of three types of zoning. The property owners for this parcel are asking to be annexed into the Town of Berthoud and zoned as (AG) Agricultural until they have completed their plans for their property. 3 gg/937 Town Boundaries § 31-12-108.5(a) (0 The Town's present and proposed boundaries are shown on Map 1 of this Impact Report. A solid line with shading represents the Town's current boundaries. The proposed boundaries are identified by the dashed line with hatching. Existing & Proposed Infrastructure § Section 31-12-108.5 (a) (II) The majority of the Town's current infrastructure (i.e. water and sewer lines) are located within the existing Town limits except for portions of both the Town's water and sewer systems that are located within parts of unincorporated Larimer County. The existing streets within the Town are shown on Map 2 and 3 of this Impact Report and this map also shows the existing roads within the area to be annexed. The Town has been in the process of designing additional infrastructure for this area and plans to provide both water and wastewater to these areas (see Map 3). The Town of Berthoud bonded in 1997 for 5 million dollars to expand the Town's water plant which will doubled our existing capacity when the expansion is completed in 1998. The bond also provided funds to complete a wastewater plant expansion that will also double our existing capacity allowing us to service additional development in Larimer and Weld Counties. The Town has recently completed a Recorded Exemption in Weld County for a 10-acre parcel, which we have purchased. The Town plans to have construction under way in 1998 and 1999 to complete our wastewater expansion as well as install a sewer line out to I-25 to service this area. When you combine these items with our other long range plans for service expansion (see Map 3) the Town will be able to provide services to these areas. Existing and Proposed Land Uses §31-12-108.5(a) (110 The existing land uses on the properties to be annexed in the Tollgate 2n° and Tollgate 3'° Annexations are currently zoned as agricultural in Weld County and are currently being used for agricultural purposes. The owners of the properties requesting annexation have requested to be zoned as (T) Transitional or (AG) Agricultural (see Map 4 and 5). While all of the properties have an intended use of other than agriculture the parties have decided not to rezone their parcels until they have a development plan that is ready for approval by the Town of Berthoud. Enclosed in this report, as attachments are the conceptual uses and proposals for these properties, however, they are still in the preliminary design stages until the owners find users for the parcels. Preannexation Agreements § 31-12-108.5 (b) There were no preannexation agreements completed in regards to any of the properties included in the Tollgate 2n° or Tollgate 3`°Annexations. 4 g7i937 /- Site Data § 31-12-108.5(c) The information listed below sets forth the plans of the municipality for the provision of municipal services to the areas proposed to be annexed. The information below is a summary of the existing services being provided to the properties within these annexations. This summary identifies those services as they exist today and how they will be provided to this area after the annexation. Included in this summary is a statement of how the Town of Berthoud will finance this expansion and what we will require of the property owners upon development of their property. Tollgate Farms 2d and 3'"Annexations Existing Proposed Zoning (A) Agricultural (T and AG) with the ultimate zoning being Commercial, Industrial and Residential Acreage 543 acres +/- 543 acres +/- Land Use Agricultural (Agricultural) Ultimately used as commercial, industrial and residential. Services Berthoud Fire Protection District Same Provided Weld County Sheriff Town of Berthoud Police Public Service Same Poudre Valley REA Same Thompson R2J School District Same Johnstown School District Same Wastewater (non* Town of Berthoud Water(none) Town of Berthoud Town of Berthoud Library Districts: Thompson R2J School District Same Johnstown School District Same Berthoud Fire Protection District Same Little Thompson Water District Town of Berthoud Thompson Rivers Park & Rec. Same No. Colo. Water Conserv. District Same Summary: Upon annexation, the Town of Berthoud will provide the above services to these properties. All of the services provide to these parcels are used by the citizens of Berthoud and would not change due to this annexation. The property owner will be required to pay for any service expansion related to a change of use when these properties develop and would provide these services as outlined in the Town of Berthoud Development Code. 5 IS')937 Financing of Municipal service expansion 5 31-12-108.5 (d) As stated above the Town of Berthoud has bonded for 5 million dollars to expand our services to these areas we intend to annex and serve. The expansions of both the water plant and wastewater plant are included in this bond and will allow the Town to double our existing capacity in both areas. The bonds will be repaid through tap fees and is a way in which development will pay for its fair share of development. Existing Districts 5 31-12-108.5 (e) Listed below are the existing districts servicing the property to be annexed: Little Thompson Water District Berthoud Fire Protection District Thompson R2J School District Johnstown School District Thompson Rivers Park & Recreation District Northern Colorado Water Conservancy District Anticipated Impacts and Costs to Schools 5 31-12-108.5 (f) The Town of Berthoud recognizes that there will be impacts on both the Thompson R2J School District and the Johnstown School District if any of these properties were to develop as residential subdivisions. The Green Acre parcel is currently proposing to build a retirement community and the Tollgate property is anticipating residential development as well but does not as of today have its plans complete. Both of these projects are located within the Thompson R2J school district and will have agreements with the district regarding impact fees. The impact on the Johnstown School District is another issue that the Town has investigated. The properties to be annexed currently reside in this school district and are proposed for mainly commercial development. The areas proposed for residential development at this time are anticipated to generate approximately 66 elementary school students, 37 middle school students and 42 high school students over the entire build out of the area. The Town and the R2J School District have investigated the cost per child to the school district to build additional schools. This cost is listed below in Table 1. Table 1 Cost per child to build a school Cost to school district to build a school per child Elementary School $10,000.00 Middle School $12,600.00 High School $17,500.00 6 eig-i 9.37 Three Mile Plan In compliance with Section 31-12-105 C.R.S. the Town of Berthoud has reviewed and updated its three-mile plan for these areas within the last 12 months. 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I... .ff ( 7-" PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO TOLLGATE f'ANNEXATION TO: THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit A, attached hereto and incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 69.514.84 feet,,of which 12.103.35 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6th of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereafter referred to as 'The Town"). The proposed annexation area contains approximately 239 acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, CRS., as amended, exist or have been met a. Not less that one-sixth of the perimeter of the proposed annexation area is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated, with the Town. 2. The requirements of Section 31-12-105, C.R.S., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, 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, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, 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 comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality; d. The proposed annexation area would not have the effect of extending a municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in any one year; and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. , 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of(AG) Agricultural and (T) Transitional for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for that area, which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation,transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioner anticipates water and sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co. 98/937 and Poudre Valley REA and telephone service from U.S. West All other public facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein described as Exhibit A as indicated in this petition. 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a. Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other. d. A vicinity map showing proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 1/2"by 11" mailing sheet; and gg,93 I b. An application fee of$300.00, plus$10.00 per acre for each acre in the proposed annexation area. 14. Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. 15. Petitioner has met with the school district to discuss requirements for school dedications and or agreements as may be required. 16. That portion of the Tollgate 2n°Annexation owned by Jerald M. Green shall be zoned AG (Agricultural). Date: c-I -2-0 J r W. Green Richard M. Green a -u) kit Kay Gr Dawn M. Green Mailing address`of Petitioners: Jerald W.'Greeri& Kay Green Richard M. Green & Dawn M. Green 524 WCR 4 E 2262 S. Dallas Berthoud, Co. 80513 Denver, Co. 80231 (970)532-3482 (303)755-0401 D Subscribed and sworn to before me this 10 day of ?�L.1 19 ! r by porn k- X /l /We my hand and official seal. My commission expires: 4, FRANK S. MIDDLETON o r errd,4 NOTARY PUBLIC • Notary Public STATE OF COLORADO My Commission Expires 01/10/2000 9gr937 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss. COUNTY OF WELD ) name of petitioner being first duly sworn upon oath, depnaas, and says that he was the circulator of this Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of Five pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: Naze name Subscribed andswom to before me this 2 d day of 0/3,1; f ,1. 19 9 $ ..by.‘ u7 . Green Witness my hand and official seal. My commission expires: R-/?-200 I cn a., k. rag.... Lit Notary Public 1/51/937 PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO TOLLGATE 2ND ANNEXATION TO: THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit A , attached hereto and incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 69.514.84 feet, of which 12.103.35 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6th of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereafter referred to as 'the Town"). The proposed annexation area contains approximately 239 acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.R.S., as amended, exist or have been met: a. Not less that one-sixth of the perimeter of the proposed annexation area is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated,with the Town. 2. The requirements of Section 31-12-105, C.R.S., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, no land held in identical ownership, whether consisting of one tract or parcel of real estate c/F/ 937 or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, 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 comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality; d. The proposed annexation area would not have the effect of extending a municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in any one year, and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of (AG) Agricultural and (T) Transitional for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for that area,which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation,transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioner anticipates water and sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co. and Poudre Valley REA and telephone service from U.S. West. All other public q6;1137 facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein described as Exhibit A as indicated in this petition. 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a. Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other. d. A vicinity map showing proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 1/2"by 11" mailing sheet; and 9671 937 r b. An application fee of$300.00, plus$10.00 per acre for each acre in the proposed annexation area. 14. Petitioners hereby requestthatthe Town of Berthoud approve the annexation of the proposed annexation area as irxricated in this.Petition. 15. Petitioner has met with the schootdistrictfo-diso sc.requirements.for.school dedications and or agreements-as may-be-required. 16. That portion of the Tollgate 2"°Annexation owned by Tollgate Farms, he.shall be zonedAG (Agricultural). Date: "1/2 Se Jacob i0. Futlenwider, Secretary Mailing address of Petitioners: Zollgate Farms, lop. gy o> A, talierea1 Presje Name Jacob A_FufenwidecSecretary 4 Address 950 Lafayette St City,State,Zip Denver,Ca.-80218 ; Phone Number 1303) 839-1249 Subscribed and sworn to before me this I) day of= 'T,O P I% / 19 by /l/ anc / Yran4 Witness my hand-and official-seal. NY co?:cssIo:, E'?I S 02.,2-2001 My commission expires: r� . y��931 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss. COUNTY OF WELD ) name of petitioner being first duly sworn upon oath, deposes, and says that he was the circulator of this Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: name Subscribed and sworn to before me this day of , 19 , by Witness my hand and official seal. My commission expires: Notary Public • 5 1\ 9�/q3 7 PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO TOLLGATE 2ND ANNEXATION TO:THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD,COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit A, attached hereto and incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 69.514.84 feet, of which 12.103.35 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6th of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereafter referred to as "the Town"). The proposed annexation area contains approximately 239 acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.R.S., as amended, exist or have been met a. Not less that one-sixth of the perimeter of the proposed annexation area is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated, with the Town. 2. The requirements of Section 31-12-105, C.R.S., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, 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, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, no land held in identical ownership,whether consisting of one tract or parcel of real estate or two or +I . n1937 r more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality, d. The proposed annexation area would not have the effect of extending a municipal boundary more than three(3)miles in any direction from any point of such municipal boundary in any one year, and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of jAG)Agricultural and M Transitional for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for that area,which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation, transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioner anticipates water and sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co. and Poudre Valley REA and telephone service from U.S. West All other public facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein described as Exhibit A as indicated in this petition. y8/93 7 r 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a. Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other. d. A vicinity map showing proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 812"by 11"mailing sheet and b. An application fee of $300.00, plus $10.00 per acre for each acre in the proposed annexation area. 14 Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. 15 Petitioner has met with the school district to discuss requirements for school dedications and or agreements as may be required. 92/937 16. The Town of Berthoud has adopted a Right to Farm Policy and this policy shall be in effect for the Kroonenberg property at their request. 17. That portion of the Tollgate 2nd Annexation owned by the Kroonenberg's shall be zoned (AG)Agricultural. 18. The Kroonenberg's reserve the right to withdraw this petition if either of the following landowners fail to submit an annexation petition; Louis and Helen Hart or Mr. Chris Adrian, South Valley Drive LLC. Date: y-/4-98 ohdur L. oonenberg fi Carol M. Kr�� L� Mailing address of Petitioners: - Name Arthur L. &Carol M. Kroonenberq Address 5440 Preserve Dr. City, State,Zip Littleton, Co. 80121 Phone Number (303)220-1796 Subscribed and sworn to before me this /6' `4 day of /190/4.7 19 qt., by dinlh/k 4.94eni -/y, Kea° N'eR/ 0eR�- Witness my hand and official seal. My commission expi rein'COMNISSIONEXPIRES91312001 , ry Publ≥ 1 98) 9.,3 7 r AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) st COUNTY OF WELD ) name of petitioner being first duly swam upon oath, deposes, and says that he was the circulator of this Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of S pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: me a-- , Subscribed and sworn to before me this /7t, day of to L, , 193_, by 4,27740 2 L. Kro0rpot) &r-5 . Witness my hand and official seal My commission expires: 9-I t- 20o I ota E. hj psi Pu C 987 937 PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO TOLLGATE 2ND ANNEXATION TO:THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit A , attached hereto and incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 69.514.84 feet, of which 12.103.35 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6th of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereafter referred to as 'The Town"). The proposed annexation area contains approximately 239 acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.RS., as amended, exist or have been met: a. Not less that one-sixth of the perimeter of the proposed annexation area is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated,with the Town. 2. The requirements of Section 31-12-105, C.RS., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, no land held in identical ownership, whether consisting of one tract or parcel of real estate .r .v 9MI'737 �`�`• or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, 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 comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality, d. The proposed annexation area would not have the effect of extending a municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in any one year; and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets,'alleys, and any land owned by the Town. 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of (AG) Agricultural and (T) Transitional for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for that area,which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation, transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioner anticipates water and sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co. and Poudre Valley REA and telephone service from U.S. West. All other public '781937 facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. • 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein described as Exhibit A as indicated in this petition. 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a. Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other. d. A vicinity map showing proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 1/2" by 11" mailing sheet; and ?gig-37 b. An application fee of$300.00; plus$10.00 per auc for each acre in the proposed annexation area. 14. Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. 15. Petitioner has met with the school district to discuss requirements for school dedications and or agreements as may be required. 16. That portion of the Tollgate 2nd Annexation owned by South Valley Drive, LLC shall be zoned (TV Traristtiona1.: Date: q-/O-9g Christopher G. Adrian, Manager Susan L.Adrian, Manager Mailing address of Petitioners: South Valley Drive, LLC A Colorado Limited Liab(iliity Company Name Christopher G. &Susan L.Adrian Address PO Box 717 City, State, Zip Longmont. Co. 80502 Phone Number (303)776-0853 Subscribed and swan to before me this /O day of C/vc.cI 19., by eiuujiti L 4.a.Sn a-46 um_, Witness my hand and official seal. My commission expires: /e.- 3/ - a.e-a-G cc1� tary Public 9q'i937 r c AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss. COUNTY OF WELD ) name of petitioner being first duly sworn upon oath, deposes, and says that he was the circulator of this Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of 5 pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: name Subscribed and swom to before me this 2±thlay of ter , / 19 9?) , by(1//-74-22/62,-- ,,Witness my hand and official seal. „_.-7-• cornmsgstoRires: /07 -/.7 O7Ori�i IC."Y err. 9 �'ta+•-.ie 'L. - _ - 402,20-4-„,Notary W�blie�ts-ztea:..-...._�:_z�-:�x�---' 95)53 7 y PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO TOLLGATE 2ND ANNEXATION TO:THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit A , attached hereto and incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 69 514.84 feet,of which 12.103.35 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6th of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereafter referred to as "the Town"). The proposed annexation area contains approximately 239 acres, more or less. 1 In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.RS., as amended, exist or have been met a. Not less that one-sixth of the perimeter of the proposed annexation area is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated, with the Town. 2. The requirements of Section 31-12-105, C.RS., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, no land held in identical ownership, whether consisting of one tract or parcel of real estate %1g3`7 �� or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, 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 comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality; d. The proposed annexation area would not have the effect of extending a municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in any one year, and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of JAG) Agricultural and (T) Transitional for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for that area, which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation,transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioner anticipates water and sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co. and Poudre Valley REA and telephone service from U.S. West All other public gp9.37 facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein described as Exhibit A as indicated in this petition. 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other. d. A vicinity map showing proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of Adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 1/2"by 11" mailing sheet; and 91/9.37 C b. An application fee of$300.00, plus $10.00 per acre for each acre in the proposed annexation area. 14. Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. 15. Petitioner has met with the school district to discuss requirements for school dedications and or agreements as may be required. 16. That portion of the Tollgate 2nd Annexation owned by the Harts shall be zoned (T) Transitional. Date: U-/ g oe /414.6471 Louis Hart Helen M. Hart Mailing address of Petitioners: Name Louis& Helen M. Hart Address 3761 Highway 56, PO Box 50 City, State, Zip Berthoud. Co. 80513 Phone Number (970) 532-2531 Subscribed and sworn to before me this/1/ - day of /3-2, '/ 199g), by 4:7/./ ,'5 CL /rt I n m /zar/ Witness my hand and official seal. My commission expires: /?-/,2-,2000 Notary Publi 9(ri 937 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss. COUNTY OF WELD ) name of petitioner being first duly sworn upon oath, deposes, and says that he was the circulator of this ptition for Annexation of lands to the Town of Berthoud, Colorado, consisting of pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: Luc; /71/1, name Subscribed and sworn to before me this/1//4- day of /�7r,'/ 19Qgj , by .//7i/, 4 /�rJ Witness my harldand official seal. My commission 90o0 Notary W/937 - PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO TOLLGATE 2n° ANNEXATION TO: THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit A , attached hereto and incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 69.514.84 feet, of which 12.103.35 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6th of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereafter referred to as "the Town"). The proposed annexation area contains approximately 239 acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.R.S., as amended, exist or have been met a. Not less that one-sixth of the perimeter of the proposed annexation area is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated, with the Town. 2. The requirements of Section 31-12-105, C.R.S., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, 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, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, no land held in 1 �9 _ - identical ownership,whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in exrass of $200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality; d. The proposed annexation area would not have the effect of extending a municipal boundary more than three(3)miles in any direction from any point of such municipal boundary in any one year, and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of(AG)Agricultural and (T)Transitional for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for that area,which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation, transportation, and power to be provided by the Town;and c. The proposed land uses for the area. 7. Petitioner anticipates water and sewer services wilt be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co. and telephone service from U.S. West All other public facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein 2 9,Y43i described as Exhibit A as indicated in this petition. 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a. Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other. d. A vicinity map showing proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 812"by 11"mailing sheet and b. An application fee of $300.00, plus $10.00 per acre for each acre in the proposed annexation area 14 Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. 15 Petitioner has met with the school district to discuss requirements for school dedications and or agreements as may be required. 16 That portion of the Tollgate 2nd Annexation owned by Mr. Lamb, Dalton and Mack shall be zoned(AG)Agricultural. 3 c/g7jg3 7 , r C c Date:' 5- 7- q$ Az/1)24— )(S _Lamb Ken Dalton I. c--2....t S ve Mack Mailing address of Petitioners: Ken Dalton David P. Lamb Steve Mack 26 Tamarve Drive 1101 NCR 19 3516 Shore Road Littleton,Co. 80127 Berthoud, Co. 80513 Fort Collins,Co. 80524 Subscribed and swum to before me this 7 day of 19�, by Dt1:Q1� \7,ppv c,C Witness my hand and official seal. d� ' Qin� / /°''y 0-0-0-to My commission expires:,-eab6 Q/ Claithtt, , By S4-1...4K. ryln c L Notary Pub' .ry a�LC— tta Public My Commission Expires ,R - / ?- Zoo / 4 cgj937 r c AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) 1st COUNTY OF WELD ) name of petitioner being first duly sworn upon oath, deposes, and says that he was the circulator of this Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of S pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: name Subscribed and sworn to before me this X6C- day of M cki 1992 , by 'Ibrxklid P. lary, k Witness my hand and official seal. My commission expires: 'S-13-ZOO I ,mn„ K. 1A ere'A q. . Notary Public 5 ')6937 _ �.' % � � f A LEGAL DESCRIPTION Those portions of Sections 15 through 22. Township 4 North, Range 68 West of the 6th P.M., Weld County. Colorado, described as follows: ?.j Beginning at the East Quarter Corner of Section 19: thence along the East- West centerline of said Section 19 South 89'38'26' West, a distance of 5097.56 feet to a line that is parallel with and 30.00 feet East measured at right angles from the West line of the Northwest Quarter of said Section 19: thence along said parallel line North 00'33'39' East, a distance of 1208.02 feet to the Southerly boundary line of Tollgate Farms Annexation to the Town of Berthoud: thence along said Southerly boundary line and the East and North boundary lines of said Tollgate Farms Annexation to the Town of Berthoud the following ten courses and distan es: 1) South 89 '25'21' East, distance of 25.00 feet: 2) South 00 '33'39' West, distance of 1197.62 feet; 3) North 89 '38'26' East, distance of 100.00 feet: i:--::::÷.-'.3.-.;,::..: 4) North 00 '33'39' East, distance of 1000.00 feet; 5) North 89'38'26' East, distance of 2600.00 feet; 6) South 00 '21 '34' East, distance of 999.87 feet: 7) North 89 '38'26' East, distance of 2316.49 feet '....::-.-:-.:*-c.-: B) North 00 '32' 14' East, distance of 1307.01 feet :"-:---.::::-.:2::::::.. 1.... ....:...:-...-: 9) South 89 '32'22' West, distance of 2547.35 feet -:i'.r ;:; .:r. 10) North 01 '18'35' East, distance of 10.01 feet to the Northwest Corner of the S uth Half of the Northeast Quarter of said - - Section 19: - thence along the Nor h line of said South Half of the Northeast Quarter North 89'32'22' East, a istance of 2557.22 feet to the West right of-way line of Weld County Road o. 3; thence along said West right-of-way line North 01 '11'00' West, a distance of 1475.32 feet to the North right; of-way line of Colorado State Highway No. 56: thence along said North right- of-way line of Colorado State Highway No. 56 the following fourteen (14) �> courses and distances: Fir ` 7 1) North 88 '49'45' East, a distance of 60.04 feet; - 2) South 46'10'30' East, a distance of 70.70 feet: 3)a North 88'50'30' East. a di-stance of 267.20 feet'to the beginning F _ f -�..y -.� of a curve concave to the South, having a central angle o -�� -tens 02 '04'00' and a of 22995.00 feet. the chord of which bears North 89'52'30' East, a distance of 829.40 feet; .. . 4) thence Easterly along the arc of said curve 829.44 feet; 1. 5) South 87 '51'30 East, a distance of 792.90 feet: =::n- -. 6) North 88 '37'00' East, a distance of 839.50 feet; 7) North 85'04'00' East, a distance of 1040.00 feet to the beginning : of a curve concave to the South, having a central angle of 04 '41'01' and a of 7715.00 feet, the chord of which bears North : 88 '49'30' East, a distance of 630.50 feet; 8) thence Easterly along the arc of said curve 630.68 feet; 9) South 87 '03'30' East, a distance of 751.80 feet; 10) North 44 '54'30' East, a distance of 69. 10 feet 11) South 88 '50'00' East, a distance of 28.21 feet 12) North 89 '22'42' East, a distance of 28.79 feet 13) South 44 '56'00' East, a distance of 72.50 feet 14) North 89 '22'04' East, a distance of 5218.83 feet to the West line of said Section 15; thence along said West line North 00'23'00' West, a distance of 1.00 foot to a line that is parallel with and 1.00 foot North measured at right angles from the North right-of-way line of G said Highway No. 56; thence along said parallel line North 89'08'00 -East; _: a distance of 2662.20 feet to a line that is parallel with a 1.00 foot West' measured at right angles, from the West line of the Southeast Quarter of said Section 15; thence along said parallel line North 00'01'02' West, a " distance of 1.90 feet; thence North 89 '08'00' East, a distance of 1.00 foot to said West line of the Southeast Quarter of Section 15; thence along said West line North 00 '24' 16' West, a distance of 2623.91 feet to the. North line of the Southeast Quarter of Section 15; thence along said North line . North 89 '37'00' East, a distance of 2425.46 feet to said West line ,of" the Hart Annexation to the Town of Johnstown and the West right-of-wayy'line of . i said Interstate Highway No. 25; thence along said West lines South 00'08' 12' East, a distance of 270.41 feet to the beginning of a curve, concave to the West having a central an 1e of 11 '58'34' and a of. 5595.00 feet, the chord of which bears South 0552'43' West, a distance of 1167..37 — i it 9197 feet: thence South •23'14 24" 'West. a distance of 1244,75 feet to the said North line of the Hart Annexation to the Town of Johnstown and t0 the North right-of-way line of said Highway No. 56; thence along said North lines South 89 16'48' West, a distance of 750.00 feet; thence South 85'31'48' West. a distance of 190.66 feet to the East line of LOT A of the WILBERT HART, Recorded Exemption No. 1061-15-4-RE1529: thence along said East line and the • North and West lines of said Exemption the following 3 courses and distances: 1) North 02 '54'09' West. a distance of 201.80 feet: 2) North 88'15'3V West. a distance of. 225.84 feet: 3) South 01 '35' 12' West, a distance of 223. 17 feet • :'. to the North line of the HART ANNEXATION to the Town of Johnstown and �the North right-of-way 'line of State Highway No. 56:-: thence along"said North .4 r'� lines South 86'31 48' West, a distance of 373.96 feet: thence•_South 'v } 88 '14'27' West. a distance of 241.25 feet to the West line or the Southeast 't` • Quarter of Section 15: thence along said West line South 00'01'02".East, a distance of 31.90 feet to the South Quarter Corner of Section 15 thence continuing along the East line of the Northwest Quarter of Section 22 and the .? West line of the HART ANNEXATION, to the Town of Johnstown South 00'17'25' East, a distance of 92.90 feet to the South right-of-way line of Highway No. 56: thence along said South right-of-way line the following three (3) courses and distances: 1) South 88 '21'00' West, a distance of 293.50 feet: 2) South 89'08'30' West, a distance of 1960.70 feet: . . 3) South 89'22'32' West, a distance of 368.87 feet: to a line that is parallel with and 10 feet East, measured at right angles, • from the East right-of-way line of Weld County Road No. 7: thence along said East line the following seven (7) courses and distances: 1) South 00 '20'41' West, distance of 2152.62 feet: • 2) South 29'29'39' East, distance of 10.00 feet: 3) South 00 '20'41' West, distance of 218.03 feet: 4) South 10'57'55' East, distance of 50.99 feet: 4 5) South 00'20'41' West, distance of 502.69 feet: * f ' r -- 6) South 30 '20'41' West. distance of 30.01 feet; 7) South 00 '20'41' West, distance of 873.92 feet ' " £ ` CI* '- � 1m ra3a��. �-• �-._p st .c:tr k I Z igg 937 � .. to the South line of the North Half of the Southwest Quarter of said Section 22: thence along said South line North 89'22'49' West. a distance of 10.00 feet to the said East right-of-way line of Weld County Road No. 7; thence along said East right-of-way line the following seven (7) courses and distances: 1) North 00 '20'41' East. distance of 876.55 feet: 2) North 30 '20'41' East. distance of 30.00 feet; 3) North 00'20'41' East, distance of 499.02 feet; 4) North 10 '57'55' West, distance of 50.99 feet; 5) North 00 '20'41' East. distance of 216.34 feet: 6) North 29 '39' 19' West. distance of 10.00 feet: 7) North 00 '20'41' East. distance of 2155. 14 feet to the South right-of-way line o Highway No. 56; thence along said South right-of-way line the following wenty three (23) courses and distances: dtance of 30.00 feet 2) South 00 '20'41' West. distance of 50.33 feet 3) South 89'56'24' West, distance of 30.00 feet "'. 'f-",.:`:` 5) South 89'h 22'00'. West, distance of 2568.90 feet feet: 6) South 89 '22'00' West 2 87.50 feet to the beginning of a curve concave to the North. having a central angle of which bears nSouth d a o89 '43'00' West f 22995.00 tfor h280.40dfeet; of ::..:r 7) thence Westerly along the arc of said curve 280.40 feet 8) South 44'00'30' West, a distance of 70.30 feet 0 10) North 88 '37'19' West. a distance of 28.20 feet 11) North 45 '05'30' West 72.20 feet to the beginning of a curve concave to the North. having a central angle of 00 '42'38' and a of 22995.00 feet. the chord which bears North 89 '11'30' West for 285.20 feet: 12) thence Westerly along the arc of said curve 285.20 feet;13) North 88'50'00' West. a distance of 471.80 feet 15) South h 88 '37'00' West,. a distance of 500.40 07.0 feet 4-r 16) South 83'56'00' West. a distance of 602.50 feet - ._ 17) South 86 '29'00' West 604.20 feet to the beginning of a a <`- t curve concave to the N rth. having a central angle of ° r 04 '25'30' and a of 77 5.00 feet. the chord of . :r which bears South 88 '4 '00' West for 595.70 feet; 18) thence Westerly along he arc of said curve 595.85 feet: 20) North 85'06'30' West North 89'05'30 , distance of 363.20 feet 21) South 88'31'30' West. distance of 319.00 feet 22) South 88 '45'30' West. distance of 410.80 feet 23) South 43'43'00' West, distance of 70.80 feet; to the East right-of-way line of said Weld County Road No. 3: '::::•?.--.::::::::: thence distancelofg said 2572.80ast feetlttot-of-way the Southine lineoofhthe NorthwestsQuarter of Section 20; thence along said South line South 88 '49'01' West. • a distance of 30.00 feet to the Point of Beginning. The above described land contains 239 ACRES, more or less. TS 3 AMENDED RESOLUTION NO. 15-98 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, LARIMER AND WELD COUNTIES, COLORADO AMENDING RESOLUTION NUMBER 12-98 THAT: 1. At a regular meeting of the Board of Trustees on June 9, 1998, the Annexation for Tollgate Farms Third Annexation was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12-107(1)(f), C.R.S. 2. The Board of Trustees has reviewed the petition and finds that the requirements set forth in Section 31-12-107(1)(f), C.R.S. have been substantially complied with. 3. Pursuant to Section 31-12-108(1), C.R.S., the Board of Trustees hereby resets the date for the hearing on the annexation petition from July 14, 1998 to July 28, 1998 at 7:30 P.M. in the Town of Berthoud Board Room located at 328 Massachusetts Avenue, Berthoud, Colorado. Notice of this hearing is being published. 4. The purpose of this hearing shall be to determine whether the area proposed to be annexed meets the applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S. and is eligible for annexation. 5. In the event the Board of Trustees finds that the statutory prerequisites for annexation have been met the Board will hold a public hearing on the ordinance annexing this property. This resolution was passed by a vote of 5 in favor and 0 opposed at the meeting of the Board of Trustees on the 23rd day of June, 1998. TOWN OF BERTHOUD: Mary K. Cq , Tow din, Clerk ichard Strachan, Mayor 98'937 C PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO TOLLGATE 3RD ANNEXATION TO:THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit A , attached hereto and incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 17.724.84 feet, of which 6.461.34 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6th of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereafter referred to as "the Town'). The proposed annexation area contains approximately 304.24 acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.R.S., as amended, exist or have been met a. Not less that one-sixth of the perimeter of the proposed annexation area is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated, with the Town. 2. The requirements of Section 31-12-105, C.R.S., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, 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, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, no land held in 1. 99/9.32 identical ownership,whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality, d. The proposed annexation area would not have the effect of extending a municipal boundary more than three(3) miles in any direction from any point of such municipal boundary in any one year, and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. - 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of AG (Aariculturall for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for that area,which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation,transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioner anticipates water and sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co. and telephone service from U.S. West All other public facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein 2 9Yi9. l described as Exhibit A as indicated in this petition. 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a. Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other. d. A vicinity map showing proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 812" by 11"mailing sheet and b. An application fee of $300.00, plus $10.00 per acre for each acre in the proposed annexation area. 14 Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. 15 Petitioner has met with the school district to discuss requirements for school dedications and or agreements as may be required. 3 1Y/937 Date: Da td _ Kea Dalton "Zak Mailing address of Petitioners: Ken Dalton David P. Lamb Steve Mack 26 Tamarve Drive 1101 NCR 19 3516 Shore Road Littleton, Co. 80127 Berthoud, Co. 80513 Fort Collins,Co. 80524 Subscribed and swum to before me this '7 day of I9 f , by 1. � Witness my hand and official seal`. �'`e-e' Mat) Paint) My commission expires.(06M y BY SI-e e MarJC Notary Public My Commission expires ,� - /3 - ?001 4 92i937 • AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss. COUNTY OF WELD ) name of petitioner being first duly sworn upon oath, deposes, and says that he was the circulator of this Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of 5 pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR:, Subscribed and sworn to before me this gam` day of rq n 19 9 W , by fl rn)lok (P. 1 n rn.b Witness my hand and official seal. My commission expires: 3-).3-7cp a nnn k. 7t® .t rb.._ Notary Public 5 981937 C Exhibi + A Intermill Land Surveying .Rower,Colorist 4 14444,2 1301 N.Cleveland Ave. '�. .g!' 0 tei Loveland,Colorado 80537 PA (970)(970)669'0516 1. .4,1 Fax(970)6359775 P-96-2704 June 12,1998 • Hkseriptkn For Tollgate Third Annexation To The Town Of Berthoud,Colorado: That portion of Section 22,Township 4 North,Range 68 West of the 6th PM,County of Weld, State of Colorado,being more particularly described as follows; Beginning at the Northeast earner of the Northwest Quarter of said Section 22;thence long the East line of said Northwest Quarter and the Easterly line of Tollgate Second Annexation to the Town of Berthoud,Colorado South 00°17'25'East 92.90 feet,more or less,to a point on the Southerly Right of Way of Colorado State Highway No.56 and the Southerly line of said Tollgate Second Annexation and the TRUE POINT OF BEGINNING;thence departing said East line and along said Right of Way and said Southerly Annexation line the following three(3) eounes and distances South 88°21'00'West 293.50 feet;South 89°08'30"West 1960.70 fat; South 89°22'32^West 368.87 fat to a point on the Easterly line of said Tollgate Second Annexation thence departing said Right of Way and said Southerly Annexation line and along said Easterly Annexation Lae the following seven(7)courses and distances South 00°20'41"West 2152.62 feet;South 29°39'19"East 10.01 feet South 00°20'41"West 218.03 feet;South 10°57'55"East 50.99 feet;South 00°20'41"West 502.69 feet;South 30°20'41"West 30.01 feet; South 00°20'41"West 873.92 feet,more or less,to a point on the South line of the North Half of the South Half of said Section 22;thence departing said Easterly Annexation line and along said South line North 89°36'30'East 4962.70 feet,more or less,to a point on the Westerly Right of Way of Interstate Highway No.25;thence departing said South line and along said Right of Way the following three(3)counts and distances North 009190'West 138.75 fat North 11°07'00" East 560.90 feet;North 00°11'23^West 632.22 feet,more or less,to a point on the North line of the South Half of said Section 22;thence departing said Right of Way and along said North line South 89°01'57"West 2409.79 fat,more or less,to the Southeast corner of said Northwest Quarter thence along the East line of said Northwest Quarter North Hi0hwa2 No.e6 and the mor e re or less,to a point on the Southerly Right of of said Southerly line of said Tollgate Second Annexation and the TRUE POINT OF BEGINNING. Said parcel contains 304.24 saes,more or less,and is subject to any existing easements and/or rights of way of record. 969.37 L ce/36 " NO • li I< id: #i l tt r1l1l 1111, I ,� I f .+ Q:l X !bi I ; I+f a M'Y' 1 11 ,4 ,I1 'l( ii 111 # ,I. ,. .t11 11 :;1 lit' 4iii I ; Oi itjI iii iii I, 4 3 t J II I i .h`• j�td1111ithti1t Jn1'k II it .l 'raIt tl L ° I1 I I 1 III Ii , III II Ialb a I �~a 3trur3w Al F---/ tH�;,I 1 F, �1� ,.. ` ill I 8 ij 1 l hilj ,l I0 toi a IJ ill: eNi of ii , R [al�l1 CI' III 1 I I t �- '' m 4 `r — �I i ;It g 1 1 I i .i , vMP.11 I �i k t 0t 3 i11 11 ip at I li gi I $s i n r I I ' 1 Ill jPipiP1p I lvi -asvr--s�mrs_ •r. In-? - - 4l% . .1,-- ,� . P-- ,1 ,. d t≤iii l 1;i :1 /v J Three Mile Plan In compliance with Section 31-12-105 C.RS. the Town of Berthoud has reviewed and updated its three-mile plan for these areas within the last 12 months. 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G ) �\ i r � PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO TOLLGATE 3RD ANNEXATION TO:THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965, Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Weld, State of Colorado: For legal description of the proposed annexation area, see Exhibit A , attached hereto and incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 17.724.84 feet, of which 6.461.34 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6th of the perimeter of the proposed annexation area to be contiguous to the Town of Berthoud (hereafter referred to as "the Town'). The proposed annexation area contains approximately 304.24 acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.R.S., as amended, exist or have been met a. Not less that one-sixth of the perimeter of the proposed annexation area is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated, with the Town. 2. The requirements of Section 31-12-105, C.R.S., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, 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, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing the boundaries of the proposed annexation area, no land held in 1 98/937 identical ownership,whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners; c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation area to another municipality; d. The proposed annexation area would not have the effect of extending a municipal boundary more than three(3)miles in any direction from any point of such municipal boundary in any one year, and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. , 4. _ It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of AG (Agricultural)for the proposed annexation area. 6. Prior to the completion of the annexation of the proposed annexation area, the Town will have in place a plan for that area,which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterways, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation, transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioner anticipates water and sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co. and telephone service from U.S. West All other public facilities will be addressed between the Petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein 2 91/937 described as Exhibit A as indicated in this petition. 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a. Location of ownership tracts and platted lots; b. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other. d. A vicinity map showing proposed annexation area and surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road right-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 1/2"by 11"mailing sheet and b. An application fee of $300.00, plus $10.00 per acre for each acre in the proposed annexation area. 14 Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. 15 Petitioner has met with the school district to discuss requirements for school dedications and or agreements as may be required. 3 1Y/93.7 Date: /it,‘4,7Pkt Da id. . Ken Dalton ffit � j ve black Mailing address of Petitioners: Ken Dalton David P. Lamb Steve Mack 26 Tamarve Drive 1101 NCR 19 3516 Shore Road Littleton, Co. 80127 Berthoud, Co. 80513 Fort Collins,Co. 80524 Subscribed and sworn to before me this 2_day of 19 f by , dv ! Witness my hand and official seal. ` 11Pa" My commission expires �P/o &/�y ��,__ BY .C{-e»e M cz 4- Notary P SAID., K- "3o at Notary Public My Commis§ion expires 3 - /3 - 2OO 4 92/93 7 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) u• COUNTY OF WELD ) name of petitioner being first duly sworn upon oath, deposes, and says that he was the circulator of this Petition for Annexation of lands to the Town of Berthoud, Colorado, consisting of .5 pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR:, Wkal Subscribed and sworn to before me this gam` day of ne-t 19 '9% . by Thrxr)10k (�- . I aM_b •• Witness my hand and official seal. My commission expires: -1.3-2cr1 C, rnn k r (i Notary Pr in 5 98)937 Exhibit A Intermill Land Surveying -R"tRWrt in Conran,&Wy°THQ 1301 N.Cleveland Ave. - '�, , Loveland,Colorado 80337 n:,r i. �. � (970)8600518 _ `' "•,� � Fax(970}635-9775 P-96-2704 June 12,1998 Description For Tollgate Third Annelidan To The Town Of Berthoud,Colorado: That portion of Section 22,Township 4 North,Range 68 West of the 6th PM,County of Weld, State of Colorado,being more particularly described as follows; Beginning at the Northeast corner of the Northwest Quarter of said Section 22;thence along the East line of said Northwest Quarter and the Easterly line of Tollgate Second Annexation to the Town ofBerthoud,Colorado South 00°1725'East 9190 feet,more or less,to a point on the Southerly Right of Way of Colorado State Highway No.56 and the Southerly line of said Tollgate Second Annexation and the TRUE POINT OF BEGINNING;thence departing said East line and along said Right of Way and said Southerly Annexation line the following three(3) courses and distances South 88°21'00"West 29330 feet-,South 89°0830"West 1960.70 feet; South 89°2232"West 368.87 feet to a point on the Easterly line of said Tollgate Second Annexation thence departing said Right of Way and said Southerly Annexation line and along said Easterly Annexation line the following seven(7)courses and distances South 00°20'41`West 2152.62 feet;South 29°39'19'East 10.01 feet;South 00°20'41"West 218.03 feet;South 10°5755'East 50.99 feet South 00°20'41"West 502.69 fed;South 30°20'41"West 30.01 feet; South 00°20'41"West 873.92 feet,more or less,to a point on the South line of the North Half of the South Half of said Section 22;thence departing said Easterly Annexation line and along said South fine North 89°3630"East 4962.70 feet,more or less,to a point on the Westerly Right of Way of Interstate Highway No.25;thence departing said South line and along said Right of Way the following three(3)courses and distances North 009130'West 138.75 feet;North 11°0700" East 560.90 feet;North 00°11'23'West 632.22 feet,more or less,to a point on the North line of the South Half of said Section 22;thence departing said Right of Way and along said North line South 89°01'57"West 2409.79 feet,more or less,to the Southeast comer of said Northwest Quarter;thence along the East line of said Northwest Quarter North 00°17'25"West 2559.14 feet,more or less,to a part on the Southerly Right of Way of said Highway No.56 and the Southerly line of said Tollgate Second Annexation and the TRUE POINT OF BEGINNING. Said parcel contains 304.24 acres,more or less,and is subject to any existing easements and/or rights of way of record. 'S/93 7 'i r '! �h Iri f ' IF III,„ p , ., 't ,� �ra3sYi-[ Sit lT .S1� S:SZT�� I a tVIII � I jj►€ i f a Gi ' 0 I !i II IS t !IIfi it ' I e xt:i f Rr I' 4 ,Y W p "LI €1 I f 1 1 t, - - I N co f --� rte. ....a _ C _. _ 4I . k i i z t III 1I ;fI i IIi'--- ill r ..ot ` RI k! fig! t � r ill y 1.'i rif 1 Ilk, ► i` I I -- WI[q$GT[ 25 P I q> r ls gllo ` f�l011t `1 11` I q o 7 PI 1 MC Ili pi ry ., ill ; cam ii t Tv i: (1,.1eit f tt0'1iff pi 1 ,i►, it I �t 1 { I Iiiii/31 'IIIhi'. t `•1OI(I } r q� > r 11 i, { (f qifJ r ll'. pI!rh'buh1I'IttI i i►f jlI illi Li tl , 1 ?is z i 29879.37 Hello