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Home My WebLink About982671.tiff TOWN OF BERTHOUD V17. r CC` l'1TY 328 MASSACHUSETTS AVENUE•P.O.BOX 1229 BERTHOUD,COLORADO 80513 ff it 44 ` o TOWN HALL 'C r�u I b POLICE DEPARTMENT Phone(970)532-2643 CLEF K Phone(970)532-2611 Fax (970) 532-0640 Fax (970)532-3534 TO Till i Nov. 6, 1998 Weld County Commissioners 915 10th St. Greeley, Co. 80632 RE: Wilson 14 i& 2"d Annexations Dear Sir: The Town of Berthoud has received annexation petitions for the Wilson lst and 2"d Annexations and the public hearing has been scheduled for Dec. 8, 1998. Pursuant to CRS 31-12-108, please accept the enclosed notice on the Wilson 14 & 2nd Annexations. Enclosed are copies of the published notices and a copy of the annexation petitions. Sincerely,l p Mary K. Cowdin Town Clerk NiVU7\00\S CC Pk, /.' q GA Lim, So, III— 982671 TOWN OF BERTHOUD, COUNTIES OF LARIMER AND WELD, COLORADO ANNEXATION IMPACT REPORT CONCERNING THE Wilson 1st and 2nd 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 far 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 31-12-103 of the Colorado Annotated Statutes. TABLE OF CONTENTS ANNEXATION AND THE TOWN OF BERTHOUD 3 WILSON 1n ANNEXATION 3 WILSON 2"D ANNEXATION 3 TOWN BOUNDARIES §31-12-108.5(A) (1) 3 EXISTING&PROPOSED INFRASTRUCTURE§SECTION31-12-108.5(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) 4 EXISTING 5 PROPOSED 5 FINANCING OF MUNICIPAL SERVICE EXPANSION§31-12-108.5(D) 5 EXISTING DISTRICT'S§31-12-108.5(E) 6 ANTICIPATED IMPACTS AND COSTS TO SCHOOLS§31-12-108.5(F) 6 2 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. Wilson 1M Annexation The properties included in this annexation are to be known as the Wilson 1s Annexation to the Town of Berthoud. These properties are contiguous to the Town of Berthoud and the total area of this annexation is 273.42 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 asked to be annexed to the Town and zoned as (T) Transitional and (AG) Agriicultural until they have completed their plans for their properties. Wilson 2nd Annexation The property included in this annexation is to be known as the Wilson 2"d Annexation to • the Town of Berthoud. This property is contiguous to the Town of Berthoud and the total area of this annexation is 171.49 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 (T) Transitional. 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 (T) Transitional until they have completed their plans for their property. Town Boundaries § 31-12-108.5 (a) (I) 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. 3 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 1-25 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) (u) The existing land uses on the properties to be annexed in the Wilson 1st and 2nd 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 and (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 far 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) Enclosed with this report you will find a draft pre-annexation agreement for these properties. It is a draft and a final agreement will not be reached until the Public Hearing on December 8, 1998. Site Data § 31-1'2-108.5 (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 4 how the Town of Berthoud will finance this expansion and what we will require of the property owners upon development of their property. Wilson 1st and 2nd Annexations Existing Proposed Zoning (A) Agricultural (T and AG) with the ultimate zoning being Commercial, Industrial and Residential Acreage 445 acres +/- 445 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 (none) 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. Financing of Municipal service expansion § 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 5 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 § 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 § 31-12-108.5 (t) The Town of Berthoud recognizes that there will be impacts to the Johnstown School District and the petition submitted by the applicants states that they have met with the School District to discuss this proposal. The impact on the Johnstown School District is another issue that the Town will continue to investigate. The property to be annexed currently resides in this school district and the existing proposals could have an impact on their system. The previous master Plan we have seen from the Wilson's indicated land dedications to the School District and we anticipate these dedications to be made when the next annexation is completed. 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 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. A copy of the proposed subdivisions and sketch plans for these properties are attached. 6 v' v / v ( s L) `' .°- / Irv. v 0 /// '- '(\- u \ /}cZ Ill\ — i = - ' 1 ( ail 45_ . S 4 / ,i�11 l °°`• ob— —,, \ . 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N n - r_- : : h : h - n Mt rl 1 " 1 ` Bl :J s - 0 jr. c? ° • Z ( ...7.• t . .....)\:0 . - IA; a: Y 1 icil If' : . . ref H1CCCiG �.iq m _� ` - f al U ( •`O not `.t•V - •=�1 �•-1_.... •�—' ..�..� .I• ?firy p' l.. s itxto r't Sf •ti`T�- Y•%--ram=` •e •-O i K- d et Ni 0 II _ 3 A GPM/ AJMW r 3 LD rr z O C . 1 C OVOH A11110.7 1 11 I 0 W o W 1- J J Y C/ W W V l IA.I At ZNI /jamvis N /// H Q "z A)Na J JO Q Z F w I Ova' AP OW __. r_- 5 IDw ID I.1 2� a o � 0 , .. L) ) q C. T . t Z CO S 3 N C. o El (CC t3 R re v + E 0 i. a P b g 'h (b r -.1 g x 4) M D Y Pr N iv c A fr i 0 C r N v B cjr- ce✓ ii , I 70 D , Z 0 mirsit N. z r Cf tk OP 1 --...1 o ._-_.._ A 1 1 M. • DRI OCTOBER 12, 1998 /C)-42( ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of _, 1998, by and between WILSON HOMESTEAD LIMITED PARTNERSHIP, hereinafter referred to as "Owner" and the TOWN OF BERTHOUD, a municipal corporation of the State of Colorado, hereinafter referred to as `Berthoud". WITNESSETH: WHEREAS; the Owner desires to annex to Berthoud the property more particularly described on Exhibit A which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as "the property"); and WHEREAS, Owner has executed a petition to annex the property, a copy of which petition is attached hereto as Exhibit B and incorporated herein and made a part hereof; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into this Annexation Agreement; and WHEREAS, Owner acknowledges that upon annexation, the property will be subject to all ordinances, resolutions, and other regulations of Berthoud, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for right-of-ways and easements to Berthoud as contemplated in this Agreement, are directly related to and generated by development intended to occur within the property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Owner agrees to execute, promptly upon request of Berthoud, any and all surveys,petitions and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Unless Berthoud is in default pursuant to the terms of this Agreement, Owner agrees to not sign any other petition for annexation of the property or any petition for an annexation election relating to the property. 2. Berthoud agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Berthoud to be reasonably necessary to accomplish the annexation. The parties understand that Berthoud shall prepare the annexation impact report. 3. Berthoud shall complete the annexation of the property within 120 clays of the filing of the Petition with the Town Clerk, unless Owner consents to later action. If the annexation of the property is not complete within the 120 day period, Owner may withdraw the petition and this Agreement shall be null and void. 4. The parties recognize that it is the intent and desire of Owner to develop.the property. Owner has requested AG - Agricultural District for 80 acres of the annexed property, more specifically described as the North half of the Northeast Quarter of Section 27, Township 4 North, Range 68 West of the 6a' P.M.. The Owner intends to construct a maximum of 64 single family homes on this 80 acre portion of the annexed property. The approval by Berthoud of said density and use is a condition of the annexation of the property. The maximum density of 64 single family homes on the 80 acres shall constitute a site specific development plan pursuant to C.R.S. Section 24-68-103, and said density and use shall last for a period. of 20 years from the date of this agreement. Nothing in this Agreement shall preclude the application of other Town ordinances, resolutions, and regulations pertaining to the development and use of the property, or from requiring approval for a more specific development plan for the property, so long as such ordinances, resolutions, regulations, and approvals do not reduce the number of single family homes. During the vesting period, Owner may but is not required to develop the property in accordance with Owner's schedule as such schedule may exist from time to time. Berthoud understands and agrees that the remaining portion of the annexed property will be zoned T-Transition District. Owner intends to rezone the property at some time in the future to 2 V \ allow appropriate development of the property. 5. The parties understand that if, during the vesting period, any act by the Town, including but not limited to, a citizen-initiated ordinance,which reduces the number of units permitted by, denies the uses permitted by, or delays the building of dwelling units on the property,is adopted, that event shall be considered a default of this Agreement. In the event of such a default, the Owner may request, and Berthoud shall proceed to take such action as is necessary to effect the disconnection of the property. Such disconnection shall not foreclose the Owner from seeking any other remedies set forth in C.R.S. 24-68-105 or any other available remedies. 6. The parties shall take all action necessary to zone the annexed property within the time prescribed by atate statutes. 7. Owner agrees to dedicate, by appropriate instrument of conveyance acceptable to Berthoud, seven percent of the territory to be annexed for public open space and parks or other public purposes in addition to easements and rights-of-way for streets, all as required by Town ordinances and resolutions in effect at the time of the dedication. The location, area, and configuration of such dedications shall be as approved by Berthoud in the applicable subdivision plat. Such dedications shall occur at the time of subdivision platting. 8. Owner agrees to provide signage for all public streets and other public ways within the property pursuant to Town ordinances and resolutions and other applicable standards. Owner further agrees to make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Berthoud, to dedicate to Berthoud any or all other required improvements. If any such improvements benefit any other property,Berthoud will require an agreement by the owner of such property to reimburse the Owner for the portion of the cost of such improvements attributable to such benefit. 9. Subject to Berthoud's approval, Owner may establish one or more special improvement districts, special districts, or other mechanisms authorized by law for the purpose 3 of making public improvements to the property. Prior to the establishment of any such mechanism, Owner shall submit for Berthoud's review, amendment, approval, or disapproval, all organizational documents pertaining to the same, whether or not such mechanism is wholly or only partly located within the boundaries of Berthoud. 10. Except as to the rights vested pursuant to Section 4 & 5 of this Agreement, Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with, all Town ordinances and resolutions including, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage,utilities, and flood control. 11. Owner agrees that Berthoud may enact by ordinance one or more impact fees for the purpose of mitigating the impacts to Berthoud caused by development of property within the Town. Such fee or fees as established by any such ordinance may be applicable to the property. Any such fee shall be reasonably related to the overall cost of the particular impact or service for which the fee was imposed. Any such fee shall also be imposed on owners of other property, the development of which causes the same impacts to Berthoud as Owner's development of the property. • 12. Except as to the rights vested pursuant to Section 4 & 5 of this Agreement, nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Berthoud's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of Berthoud and its inhabitants; nor shall this Agreement prohibit the enactment or increase by Berthoud of any tax or fee as authorized by law. 13. Berthoud agrees to make available to the property all of the usual municipal services which are provided by Berthoud to other properties in Berthoud in accordance with the ordinances and policies of Berthoud which services include, but are not limited to, police protection and sewer services. Owner acknowledges that Berthoud's service to the property does not include, as or' the date of the execution of this Agreement, electric service, water service, sewer service and emergency service. Said services will be provided by the Berthoud Fire 4 Protection District, the Little Thompson Water District and Public Service. If necessary, Berthoud agrees to expeditiously take all steps necessary to update and have approved its 208 plan for its sewage treatment facility in order to have sewage service available to the property when development occurs. In the event sewer service is not available to the 80 acres at the time Owner wished to begin development of the property, Owner shall be allowed to install septic systems on individual lots so long as said septic systems meet all requirements and regulations of the Weld County Health Department. 14. In the event of a material branch of any material provision of this Agreement, the non-breaching party may ask a court of competent jurisdiction to enter a writ of mandamus, temporary or permanent restraining orders, temporary or permanent injunctions, or orders of specific performance, to compel the breaching party to perform its duties under this Agreement. 15. The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 16. This Agreement and all amendments shall be recorded with the County Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property and this Agreement. 17. This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. This Agreement may be amended by Berthoud and the Owner. Such amendments shall be in writing. 18. As used in this Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 5 clCkb(\. ( 19. As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner, subject to any applicable provisions for valid, pre-existing non-conforming uses. 20. This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof. This Agreement may be enforced in any court of competent jurisdiction. 21. This Agreement shall be null and void if Berthoud fails to approve the annexation of the property. 22. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Berthoud. No assurances of annexation or zoning have been made or relied upon by Owner. In the event that, in the exercise of its legislative discretion, any action with respect to the property herein contemplated is not taken, then the sole and exclusive remedy for the breach hereof shall be the withdrawal of the petition for annexation by the Owner, or disconnection from Berthoud in accordance with state law, as may be appropriate. 23. In die event of disconnection of the Property or a portion thereof from Berthoud as a result of the default of Berthoud in the terms and conditions of this Agreement,Berthoud shall continue to provide all municipal utility services to the Property,including but not limited to, sewer service, and electric service and water service, if applicable. 24. Owner owns approximately 1600 acres of property being more particularly described as Sections 23, 26 and the West half of Section 25,Township North Range 68 West of the 6±P.M.Weld County, Colorado. It is the intention of both parties to annex said 1600 acres to the Town of Berthoud in the future. Owner agrees to cooperate with Berthoud in the development planning of said property. Said cooperation shall not include any expenditures by ' Owner for said activities. Berthoud shall diligently pursue conceptual and comprehensive 6 lannin for said property. So longas Berthoud is activelyengaged in the planningof the P g P P tY• property, Owner will not petition any other municipality for annexation of the property. Owner shall be free to pursue other Municipalities for annexation of the property upon the oc:curence of the following: a. Berthoud is no longer actively engaged in conceptual and comprehensive planning of the property; or b. Berthoud is in default under the terms and conditions of this Annexation Agreement; or c. Owner has filed a petition for annexation and Berthoud has not annexed the property by December 31, 2001. TOWN OF BERTHOUD By: Mayor ATTEST: Town Clerk OWNER 7 C-\V\ -\ ACKNOWLEDGMENT STATE OF COLORADO ) ) ss. COUNTY OF LARThIER ) The above and foregoing was acknowledged before me this day of 1998,by WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public 8 • Legal Notice Legal Notice - RESOLUTION NO.25-98 RESOLUTION NO.24-98 BE IT RESOLVED BY THE BOARD OF TRUS- TEES OF ThE TOWN OF BERTHOUD,LARIMER BE IT RESOLVED BY TIIE BOARD OF TRUS - AND WELD COUNTIES,COLORADO THAT: ' TEES OF THE TOWN OF BERTHOUD.LARIMER I.At the maul AND of the Goad*Triuneson AND WELD COUNTIES.C OWRADOTHAT: October 27,1998,the annexation portion for Wilson I.At the mauler meting of he Board of Trustees on 2nd Annexation was submitted to the Board of Taus- October 27.199R,the annexation petition for Wilson tee by the tort as a communication pursuant to 1st Annexation was submitted to the Board ofTruatee Section 3I-12-107(1)(O.C.RS.The location of the by the Clerk as a communication pursuant to Section popvty is loan eel on Exhibit'A"attached hereto 31-12.107(IxO.C.RS.The location ofthe property is ad sac0 oratd herein by foretaste. dacribed on Exhibit'A'stuehd hereto and tncmpo- , 2.The Bond of Trustees has reviewed the petition and rated herein by reference. ' fends that the requirements set forth in Section 31-12- 107(IR1).C.RS.have ban substantially complied 2.The Board o!Trains he reviewed the pctidon and with. v finds that the requirementsad folk in Section 31.12• 107(I)(O.C.R.S. have he! substantially complied 3.Pursuant to Section31-12-108(1)C.RS.,the Board with. of Trustees haeby sets the date for the hearing on the annexation petition for December S.1991 at 7:30 p.m. 3.Pursuant to Section 31-12•IOR(1)CRS.,the Board ' in the Town of Berthoud Board Room located at 32A of Trustees huaby sets the Cate for the herein on Oa Massachusetts Avenue.Berthoud.Colorado.Notice a mation petition for December R.1996 at7a0 pm. ,of this haring is to be published' in dme Town of Berthoud Bend Room located at 328 4.The of this herring shall be to hsermine Massachusetts Avenue.Berthoud Colorado.Noticepurpose of Ohio hearing is to be published. whether the area proposed to be ennead mean the applicable rtq iretnexu of Sections 31-12-104 and 4.The purpose of this hearing shall be to detambe 31.12.105.C.RS.and is eligible to,annexation. whether the area proposed to be anneal mow the applicable requirements of Sextons 31-12-104 and 5.-In the event the Board of Trustee fords that the . 31.12.105,C.R.S.and is eligible for annexation. statutory pmquisita for annexation have been met the Board will hold a public hearing on theordinance S.lit the event the Board of Trustee Ands that the annexing this property. lututory aline forvmhexation have teas mat This molutioo xuapRadby+vore of7in favor and the on hilr hold perty. Pic hearing on the odmarhee 0 opposed at the meeting of the Board of Trustees on • . ,meting this popery. th<27th day of0.tobe,199P. • This resolution was passed M a vote of]in favor and TOWN OF BERTHOUD: 0 opposed at the mating o'the Boardof Dumas on the 27th day of October,189P. RICHARD D.STRACHAN,MAYOR TOWN OF BERTHOUD: ATTEST: RICHARD D.STRACHAIJ,MAYOR • ' MARY K.COWDIN,TOWN CLERIC ATTEST: WILSON 2ND ANNEXATION MARY K.COWDIN,TOWN CLERK 'Those portionsofSecdons21.22.27.and28,Town- WILSON 1ST ANNEXATION ship 4 North.Range 68 West of the 6th P.M.,County Those portions of Sections 13,26 and 27,Township 4 of Weld,Sete of Colorado,doabed as follows: • North.Range 6A Wet of the 6th P.M..County of Weld,State of Colorado,dudbed as follows: Beginning at the Northwest Come of Section 22: thence along the West line ofsaid Sedon22 Was line • Beginning at the Northwest Corner of Section 20; South 0720'41'Wet a distance of94.91 feet to the thence along the West line f,aid Section 11 Wet line South right-of-way line of State Highway 36 and the South 00.20Y I'West.a di rune of94.91 fed to the True Point of Beginning:thence along said South South right-of-way line of State Highway 36;thence right-of-way line Noth 89'22'32'Easa a distance of along said South right-of-way line Noon P922'32' 30.00 fat to the East right-of-way line of Weld East•a distance of 30.00 fed to the East right-of-way County Road 7;thence along said East line the follow- . line of Wdd County Rod 7; thence along said ing 7 courses and&stance: , - ' Fastline the following]aria and distance: I)South 00'20'41-Wet,a distance of2133.14 feet • O South 00'20'41'Wet,o distance of 2133.14 feet; I)South 29'39'27'Eau.adistance of 10.00 feet: 2)South 29'39'27'East,a distance of 10.00 feet 3)South 00'20'41'West a distance of 216.34 feet; 3)South 00'20'4 1'West,n distance of 216.34 feet; 4)South 10'57'53'East.a distance of 30.99 fed: 4)South 10'57'SS'Eon.a distance of 30.99 feet S)South 00'20'11'West,a distance of499.02 fast . 5)South 00'20'41'Was.is distance of499.02 face: 6)South 30'20'41'West.a distance of30.00 feet 7)6)South South 3020'41'West. 30.00 �9 7)South 00'20'41'Wat.a distance et of 219239 fe 00' ent a distance of3 .to the North line of said Section 27;thence along said to the North line of said Section 27;thence along`said North line North 69.53'34'East.adistaneeof5OR0.07 Nish line North R9'53'34-East a distance of1060.07 fat to a point on the West right-of-way line Intrastate feet to a point on thi West hightof.way Iinelnteetate Highway 25;thence South 00'10'26'East,a distance Highway 25 and the True Point of Beginning;thence of 1317.04 feet to the South line of the North Half of along said West rightof•tray line the following 3 the North Half of said Section 27;thence along said ceuna and distances: South line South 119.49'31' West, a distance of 5132.6R recurs the West right-of-way line ofsaid Weld O North toil l'30'West,s distance of 629.40 fed: County Rod];thence along said West line North 2)North I I.79'30'Wet,t distance of177.90 feet; 0720 41'Eat,a distance of6490.03 fa to the South 3)North OP11'30'West.a distance of 181.60 feet; rightof-way line of said Stale Highway 36;thence ' 4)North 11'07'OO'East,a distance of 360.90 fat; • along mid South right-of-way North 19'3674'East. 3)North 00'11'24'.Wet,a distance of6403Pd fast adistance of 30.00 feet to said West lineorSection 22; • thence along said West line Non].00'20'41'East,a to the South line of the HART ANNEXATION to the distance of 50.33 feet to the True Point of Beginning. .Town of Johnstown;thence along said South line Containing 171.494 ACRES,more or las._ North RA•36'44' East.a distance of 250.03 feet; thence North 89Y1'53*Eel.a&stance of 50.00 feet PUBLIC NOTICE . to the East rightof-way Pin:of said lntasbteHighway' 23 the following 2 course and distance: TO ALL INTERESTED PARTIES You will please thke notice the Bond of Thome for the Town of O South 00'11'30'East,n distance of 2674.05 fed; Bwhoud will hold a public hearing for a proposed 2)South 00'07'00'Wat.a distance of 5307.93 fees annexadon on December*.1991.The public hearing • - will be held in the Board Room at Town Hall•322 to the South line of said Ssetion 27;thence along said Massaehusctts Ave.,Berthed.CO80513,beginning South line South R9'2204- Wet, a distance of ' at 730 pm. 269011 fa to the West line of the East half of said • . , Section 27: thence alorg said West line North TOWN OF BERTHOUD 00'01'32'Woo',a distarce of 393S.011 fat to the South line of the North lit If of the North Half of said MARY K.COW DIN,TOWN CLERIC Section 27; ihmcc along said South line North 119•49'34'East a distaste of 2392.03 feet thence Published In The Old Berthoud Recorder Nosh 00'10'26'Wet,a distance of 13A7.04 feet to Nov.S.Nov.l2,Nev.19.Nov.26,&Dec.3.199S the True Point of Beginning.Containing 273.422' ACRES.more or less. - PUBLIC NOTICE , TO ALL INTERESTED PARTIES You will please ' • take notice the Board of Trustees for the Town of ' mannexation . Dar a Berthoud will hold a public hewing for ao 'annexation en Diombo R.199R.The publr'p hearing will be held in the Bond Room at To wns Hall.321 • • Massachusetts Ave.Botha d,CO 110513 beginning-• a730 p.m. . TOWN OF BERTHOUD • Published In The Old Berthoud Recorder • Nov.5,Nov.Ii,Nov.19,Nov.26,Dee.3.19911 ; RESOLUTION NO. 24-96 BE IT RESOLVED I3Y THE BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, LARIMER AND WELD COUNTIES, COLORADO THAT: 1. At the regular meeting of the Board of Trustees on October 27, 1998, the annexation petition for Wilson 1st Annexation was submitted to the Board of Trustees by the Clerk as a communication pursuant to Section 31-12-107 1 , C.R.S. The location of the property is described on Exhibit "A" attached hereto and incorporated herein by reference. • 2. The Board of Trustees has reviewed the petition and finds that the requirements set forth in Section 31-12-107 1 , C.R.S. have been substantially complied with. 3. Pursuant to Section 31-12-108(1), C.R.S., the Board of Trustees hereby sets the date for the hearing on the annexation petition for December 8, 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 to be 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 � in favor and � opposed at the meeting of the Board of Trustees on the 27th day of October, 1998. TOWN OF BERTHOUD: Mary . C din, Town Clerk Richard Strachan, Mayor y Witsor. 1 34 ANOEXATION Those portions of Sections 23, 26 , and 27, Township 4 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, described as follows: line the Beginning at the Northwest Corner of Section 20; thence along 56; thence oof 94.9 South of said Section 22 West line South 00°20' 41" West , a distance of 94.91 fee right-of-way ht_ South line otha8 line of State Highwaysaid East line thes rigtheht-of-way line North 89°22 ' 32" East , a distance of 30 .00 feet to the East right-of-way line of Weld County Road 7 ; thence along following 7 courses and distances : 1) South 00°20 ' 41" West , a distance of 2155 . 14 feet; 2) South 29°39 ' 27" East, a distance of 10 .00 feet ; 3) South 00°20 ' 41" West , a distance of 216 . 34 feet ; 4) South 10° 57' 55" East , a distance of 50 .99 feet ; - 5) South 00°20 ' 41" West , a distance of 499 .02 feet; 6) South 30°20' 41" West , a distance of 30 .00 feet ; 7) South 00°20 ' 41" West , a distance of 2192 .39 feet said North line North point on the West rignce along to the North line of said Section 27 ; thence along way l' ne" East ,te a distance o255080 .07 feet to a and the True PointP of Beginning; way lines Interstate Highway 5 courses and distances: said West right-of-way line the following 1) North 00° 11 ' 30" West , a distance of 829 .40 feet; 2) - North 11°39 ' 30" West , a distance of 477 .90 feet ; 3) North 00° 11 ' 30" West , a distance of 181 . 60 feet; 4) North 11°07' 00" East , a distance of 560 .90 feet ; 5) North 00` 11' 24" West , a distance of 640 .38 feet to the South line of the HART ANNEXATION to the Town of Johnstown; thence . thnc way line oh said South line North 88°56 ' 44" East , a distance of 250 .03 50.03t feet; North 89°47 ' 53" East , a distance of 50.00 feet to the East of said Interstate Highway 25 the following 2 courses and distances: 1) South 00° 11 ' 30" East , a distance of 2674 .05 feet; 2) South 00°07 ' 00" West , a distance of 5303.95 feet d South line South thence along the East halft to 2he2 ' South line of said Section 27;2690 .41 feet to the e0°(�1'32•EastWest, a of said 4" e West , a distancethence f along said West line North line of said Section 27 ; lf of the North ° ' 26" distance of distance of 3938Of27 t thencee South along saide of the North SouthUline Northa 89 49' 34" East, Half t said SectionWest , a 1387 .04 feet to the True Point of Beginning. Containing 273 .422 ACRES, more a distance of 2392 .03 feet ; thence North UO 1 or less . ANNEX4 PUBLIC NOTICE 9/21/98lease take notice the Board of Trustees TO ALL INTERESTEDTownf BerthoudPARTIES willYlu will p public hearing for a proposed annexation for the r8 , . hold a on December 19Sl8 . The public hearing will be held in the Board .3o0oP.mt Town Hall 328 Massachusetts Ave, Berthoud, CO 80513 beginning TOWN OF BERTHOUD Mary K. Cowdin, Town Clerk � , ; �� Nov . 5 , 12 , 19 , 26 & Dec . 3 , 1998 PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THIE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO \✓115orN ' ST 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 23374.03 feet, of which 3948.37 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of I/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 171.494 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 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 100% 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 T-Transitional District 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 2 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 sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co., telephone service from U.S. West, and water service from Little Thompson Water District. 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 request that this annexation be subject to the terms and conditions of an Annexation Agreement between the Petitioner and the Town. 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 3 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 is an application fee of$300.00. 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 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 Petitioner shall supply a list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 '/2" by 11" mailing sheet. • Date: October 12, '1998 Wilson Homestead Limited Partnership ark/ `- 4/,i evL Canr. By Cleon Wilson By Co don Wilson Mailing address of Petitioners: Wilson Homestead Limited Partnership Wilson Homestead Limited Partnership Cleon Wilson Compdon Wilson 4350 Weld County Road 44 837 South County Road 15 Berthoud, Colorado 80513 Berthoud, Colorado 80513 5 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 7 pages, including this page, and that each signature hereon was witnesses by the affiant and is the signature of the person whose name it purpo o •e. CIRCULATOR:. C _O//4. ,�a A' eis Jurs Su ribed and sworn to before me this It day of echo. 1998, 5«.r5 Witness my hand and official seal. My commission expires: ` /0111 v Notary Public REBECCA 1 FAVA C . i ca 1111'1-. .••e 4‘`OF 6 EXHIBIT A TOLLGATE FARMS FOURTH ANNEXATION Those portions of Sections 23, 26, and 27, Township 4 North, Range 68'West of the 6th P.M. , County of Weld, State of Colorado, described as follows: Beginning at the Northwest Corner of Section 20; thence along the West line of said Section 22 West line South 00°20'41" West, a distance of 94.91 feet to the South right-of-way line of State Highway 56; thence along said South right-of-way line North 89°22'32" East , a distance of 30.00 feet`. to the East right-of-way line of Weld County Road .7; thence along said East line the following 7 courses and distances : 1) South 00°20 '41" West, a distance of 2155. 14 feet; 2) South 29°39' 27" East, a distance of 10.00 feet; 3) South 00°20'41" West, a distance of 216.34 feet; 4) South 10°57' 55" East, a distance of 50 .99 feet; ` S):: South 00°20 '41" West. a distance of 499.02 feet; :6) South 30°20 '41" West. a distance of 30 .00 feet; 7) South 00°20'41" West. a distance of 2192.39 feet to the North line of said Section 27; thence along said North: line North 89°53'34" East, a distance of 5080.07 feet to a point on the West right,-mf- way- line Interstate Highway 25 and the True Point of Beginning; thence along said'West right-of-way line the following 5 courses and distances: 1) North 00° 11 '30" West, a distance of 829.40 feet ; 2): North 11°39 ' 30" West, a distance of 477.90 feet; 3) North 00° 11 ' 30" West, a distance of 181 .60 feet ; • 4) North 11°07'00" East, a distance of 560.90 feet; 5) North 00° 11 ' 24" West, a distance of 640.38 feet to the South line of the HART ANNEXATION to the Town of Johnstown; thence along said South line North 88°56' 44" East , a distance of 250.03 feet; thence North .89°47'53r East , a distance of 50.00 feet to the East right-of-way line of said Interstate Highway 25 the following 2 courses and distances: 11) South 00°11 '30" East, a distance of 2674.05 feet; 2) South 00°07'00" West, a distance of 5303.95 feet to the South line of said Section 27; thence along said' South"line South 89°22'04" West, a distance of 2690.41 feet to the West line of the'East half of said Section 27; thence along said West line North 00°01 '32" West, a distance of- 3938.08 feet to the South line of the North Half of the North Half of said Section 27; thence along said South line North 89°49'34". East; a distance. . of 2392.03 feet; thence North 00°10 ' 26" West, a distance of 1387s04 feet to the True Point of Beginning. Containing E73.422 ACRES: more or less. ' ANNEX4 9/21/98 • RESOLUTION NO. 25-98 BE IT RESOLVED BY THE BOARD COLORADO TRUSTEES OF THE TOWN OF BERTHOUD, LARIMER ANDELD COUNT HAT: 1. At the regular meeting of the Board of Trustees on October 27, 1998, the annexation petition for Wilson 2nd Annexation was submitted to the Board of Tutees. by the Clerk as a communication pursuant to Section 31-12-107(1)(f), _— location of the property is described on Exhibit "A" attached hereto and incorporated herein by reference. • 2. The Board of Trustees has reviewed the titi ition have and findd ss that ttneally requirements set forth in Section 31-12-107(1)(f), C.R. complied with. 3. Pursuant to Section 31-12-108(1), .R.S. for DBoaoard of Trustees, 1998 at hereby :30 sets .M. the date for the hearing on the annexation petition in the BerthoudWColo ado.oud Noe Board this heaom nnges to be published.d at 328 usetts Avenue, 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 the prerequisites ites for annexation have been met the Board will hold a public hearing on annexing this property. This resolution was passed by a vote of 7 in favor and �_ opposed at the meeting of the Board of Trustees on the 27th day of October, 1998. TOWN OF BERTHOUD: 4I rCa 1)LA� Mary . C iin, Town Clerk 1SdStran%aY� C. . °_ I ANNEXATION INIISCPN Yf� Township 4 North, Those portions of Sections 21 , 22, 27 , and 28 , Towntate i C North, do, Range 68 West of the 6th P.M. . County of Weld, described as follows: thence along the ° , " West, a Beginning at the Section Corner of line 22 West on South22; of Stata West lcee f 4a91 . feed to the Southright-of-way20 linesof South Highway ofthence along Highway 56 and the True Point of Beginning; of 30 . 00 right-of-way East h right-of wayth line°of 'Weld892232" East County distanc alonget to said the East line the following 7 courses and distances: 1) South 00°20 ' 41" West , a distance of 2155. 14. feet; • 2) South 29°39 ' 27" East , a distance of 10 .00 feet; 3) South 00°20 ' 41" West , a distance of 216.34 feet; . 4) South 10°57 ' 55" East , a distance of 50 .99 feet; 5) South 00°20 ' 41" West , a distance of 499.02 feet; 6) South 30°20 '41" West , a distance of 30 .00 feet; 7) South 00°20 ' 41" West , a distance of 2192.39 feet said North line t on the o the North line s said Section thence along thence South North 89°53 ' 34" East , a distance of 5080 .07 feet toa point West right-of-way line Interstate Highway thence along . 00°th'Ha'lf of the the North Hal87of4saidt to the Section27th line of the Bait t of hence along thehed South r ght-of way l9 ne9of4saidsWeld County Road 7; t en68 e, al :ng'. : West rig 56; th03 ence along , said South line right-of-way of said StatesHighwayd c 30 .00 the South right saidn Westo ine saidftooush saidiWestoline ofN Sectioneh B 22 ; thence along Northort °2 ' West line 22 ; 00°20 �� Can East , a t icing distance71494 ACRES, more or less the True Point of Beginning. ANNEX3 9/21/98 7 PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO �Jilgot� ZND 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 21375.75 feet, of which 3779.07 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of I/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 273.422 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 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:6200,000 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 100% 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 District, as to the West 80 acres and T - Transitional as to the rest of the area for the proposed annexation. 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 2 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 sewer services will be obtained from the Town. Petitioners anticipate obtaining gas and electric services from Public Service Co., telephone service from U.S. West, and water service from Little Thompson Water District. 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 request that this annexation be subject to the terms and conditions of an Annexation Agreement between the Petitioner and the Town. 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 3 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 is an application fee of$300.00. 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. Petition shall supply a list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 '/z" by 11" mailing sheet. • Date: October 12, 1998 Wilson Homestead Limited Partnership r Xo-L`t-v, er, By Cleon Wilson By Co don Wilson Mailing address of Petitioners: Wilson Homestead Limited Partnership Wilson Homestead Limited Partnership Cleon Wilson Compdon Wilson 4350 Weld County Road 44 837 South County Road 15 Berthoud, Colorado 80513 Berthoud, Colorado 80513 • 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 7 pages, including this page, and that each signature hereon was witnessed • by the affiant and is the signature of the person whose name it purpo o •e. "41%. CIRCULATOR:. Arai adill �e .is Jurs Sub (ribed and sworn to before me this e day of ©v - 19 & by U�nl1UTJjA. S Witness my hand and official seal. My commission expires: Notary Public REBECCA $ SI N; FAVA / 1%.........cO�OQ� 6 EXHIBIT A TOLLGATE FARMS THIRD ANNEXATION Those portions of Sections 21 , 22, 27, and 28, Township 4 North. Range 68 West of the 6th P.M. , County of Weld. State of Colorado, described as follows: Beginning at the Northwest Corner of Section 22 ; thence along the West line of said Section 22 West line South 00°20'41" West, a distance of 94 .91 feet to the South right-of-way line of State Highway 66 and the True Point of Beginning; thence along said South right-of-way line North 89°22 ' 32" East, a distance of 30.00. feet 'to the East right-of-way line of Weld County Road 7; thence along said East line the following 7 courses and distances: 1) South 00'20'41" West, a distance of 2155. 14 feet: 2) South 29'39 ' 27" East , a distance of 10.00 feet; 3) South 00°20'41" West, a distance of 216.34 feet; 4) South 10°57'55" East. a distance of 50.99 feet ; 5). . South 00°20'41" West. a distance of 499:02 feet; 6) South 30°20'41" West , a distance of 30.00 feet; 7) South 00'20141" West, a distance of 2192.39 feet' lo the North line of said Section 27; thence along said North' line North 89°53'34" East, a distance of 5080.07 feet to a point on the West right-of-way line Interstate Highway 25; thence ' ' South 00 10 26 East , a distance of 1387.04 feet to the South"line .of the North Half of the the North Half of said Section 27; thence along :said South line South 89°49' 34" West, a distance of 5152.681eet to the West right-of-way line of said Weld County Road 7; thence along said West line North 00°20 ' 41 " East, a distance of 6490.03 feet to the.South right-of-way line of said State Highway 56; thence: along said South right-of-way North 89°56' 24" East , a distance or 30.00 feet to said West line of Section 22: thence along .said West line' North 00'20'41" East, a distance of 50.33 feet to the True Point'.of Beginning. Containing 171 .494 ACRES, more or less. .AHNEX3 : :9/21/98 Hello