HomeMy WebLinkAbout20242033.tiff771E COM► INITY THAT CARES'
July 24, 2024
Weld County Board of County Commissioners
Weld County Attorney
Weld County School District
Front Range Fire Rescue
Aims Community College
High Plains Library
Northern Colorado Water Conservation District
West Greeley Conservation District
Re: Archdiocese Annexation No. 4 - 5 - Town of Johnstown
450 S. Parish Avenue
Johnstown, CO 80534
970.587.4664
JohnstownCO.gov
RECEIVED
JUL 2 6 2014
WELD COUNTY
COMMISSIONERS
IN COMPLIANCE WITH THE PROVISIONS OF SECTION 31-12-108(2) C.R.S., please find
enclosed a copy of the published Notice, together with a copy of the Resolution and Petition concerning
the annexation to the Town of Johnstown of territory therein described. The provisions of annexation
laws of the State of Colorado require that such mailing be made to the Board of County Commissioners
of the County, the County Attorney, and to each Special District or School District having territory
within the area to be annexed.
Thank you,
James Shrout, Planner I
Planning & Development
Town of Johnstown
Attachments:
1. Copy of Published Notice
2. Resolution Setting Hearing Date
3. Annexation Petition
4. Annexation Impact Report
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The Community that Cares
2024-2033
Publication date: August 1, 2024
PUBLIC NOTICE
Notice is hereby given that a request for Annexation and Zoning, herein -after described as
Archdiocese Annexation No. 4 - 5, has been received by the Town of Johnstown. The Planning
& Zoning Commission will hold a public hearing at Town Hall, 450 South Parish Avenue, to
consider the Archdiocese Annexation application on Wednesday, August 14, 2024, at 6:00 p.m.
All interested individuals are encouraged to attend. Information may be obtained at
planninq(aiiohnstownco.gov or by calling 970-587-4664.
Location of property subject to Annexation: N1/2 of NE1/4 of Section 16, Township 4 North, Range
67 West, 6th P.M., Weld County; West of Weld County Road 19; portions of land around the South
portion of the Hillsboro Reservoir, not including the Reservoir.
Published in the Johnstown Breeze, August 1, 2024
Hannah Hill, Town Clerk
Town of Johnstown
TOWN OF JOHNSTOWN
PUBLIC HEARING NOTICE
Notice is hereby given that a petition for Annexation territories herein -after described as Archdiocese
Annexation No. 4 - 5, has been presented to the Town Council of Johnstown, Colorado, and found to be in
apparent compliance with the applicable provisions of law and the Town Council has adopted a Resolution
to set a public hearing to be held at 7:00 P.M. on Wednesday, September 4, 2024, in the Council Chambers,
Town Hall, 450 South Parish, Johnstown, Colorado, to determine if the proposed annexation complies with
the applicable requirements of law.
The resolution adopted by the Town Council for such purposes is in words, letter and figures, as follows:
TOWN OF JOHNSTOWN, COLORADO
RESOLUTION NO. 2024-32
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE
FOR THE ARCHDIOCESE ANNEXATION NO. 4 - 5
WHEREAS, the Town of Johnstown ("Town") is a Colorado home rule municipality, duly
organized and existing under the laws of the State of Colorado and the Town's Home Rule Charter; and
WHEREAS, the Town Council is vested with the authority to administer the affairs of the Town;
and
WHEREAS, the Archdiocese of Denver, a Colorado corporation sole (the "Archdiocese"),
submitted a Petition for Annexation of real property; and
WHEREAS, the Town Council has reviewed the Petition for Annexation, and, finding substantial
compliance as set forth below, desires to initiate annexation proceedings in accordance with the law and set
a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
JOHNSTOWN, COLORADO, THAT:
Section 1. The Town Council finds that a Petition for Annexation of certain property situated in a
Part of the North Half of the Northeast Quarter Section 16, Township 4 North, Range 67 West of the 6th
P.M., County of Weld, State of Colorado, consisting of approximately 22.21 acres, being more particularly
described on Exhibit A, which is attached hereto and incorporated herein by this reference, filed with the
Town Clerk on or about June 21, 2024, to be known as the "Archdiocese Annexation No. 4 - 5," is in
substantial compliance with §31-12-107(1), and that a public hearing should be held to determine if the
proposed annexation complies with §§31-12-104 and 31-12-105, C.R.S., or such parts thereof as may be
required to establish eligibility pursuant to §31-12-101, et seq.
Section 2. The Town Council hereby sets a public hearing for such purposes on September 4, 2024,
at 7:00 p.m., at 450 South Parish Avenue, Johnstown, Colorado.
Section 3. The Town Clerk shall publish notice of the hearing once per week for four (4)
consecutive weeks in the Johnstown Breeze, with the first publication at least thirty (30) days prior to the
date of the hearing. The Town Clerk shall also send a copy of the published notice, together with a copy of
this Resolution and the Petition for Annexation, by registered mail to the Weld County Board of County
Commissioners and to the Weld County Attorney and to any special district or school district having
territory within the area to be annexed at least twenty-five (25) days prior to the date fixed for such hearing.
Section 4. This Resolution shall be effective on the date hereof.
Exhibit A can be found in the Office of the Town Clerk
Published in the Johnstown Breeze, July 25, August 1, 8 and 15, 2024.
Hannah Hill, Town Clerk
Town of Johnstown
TOWN OF JOHNSTOWN, COLORADO
RESOLUTION NO. 2024-32
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE
FOR THE ARCHDIOCESE ANNEXATION NO. 4 - 5
WHEREAS, the Town of Johnstown ("Town") is a Colorado home rule municipality, duly
organized and existing under the laws of the State of Colorado and the Town's Home Rule Charter; and
WHEREAS, the Town Council is vested with the authority to administer the affairs of the Town;
and
WHEREAS, the Archdiocese of Denver, a Colorado corporation sole (the "Archdiocese"),
submitted a Petition for Annexation of real property; and
WHEREAS, the Town Council has reviewed the Petition for Annexation, and, finding substantial
compliance as set forth below, desires to initiate annexation proceedings in accordance with the law and set
a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
JOHNSTOWN, COLORADO, THAT:
Section 1. The Town Council finds that a Petition for Annexation of certain property situated in a
Part of the North Half of the Northeast Quarter Section 16, Township 4 North, Range 67 West of the 6.
P.M., County of Weld, State of Colorado, consisting of approximately 22.21 acres, being more particularly
described on Exhibit A, which is attached hereto and incorporated herein by this reference, filed with the
Town Clerk on or about June 21, 2024, to be known as the "Archdiocese Annexation No. 4 - 5," is in
substantial compliance with §31-12-107(1), and that a public hearing should be held to determine if the
proposed annexation complies with §§31-12-104 and 31-12-105, C.R.S., or such parts thereof as may be
required to establish eligibility pursuant to §31-12-101, et seq.
Section 2. The Town Council hereby sets a public hearing for such purposes on September 4,
2024, at 7:00 p.m., at 450 South Parish Avenue, Johnstown, Colorado.
Section 3. The Town Clerk shall publish notice of the hearing once per week for four (4)
consecutive weeks in the Johnstown Breeze, with the first publication at least thirty (30) days prior to the
date of the hearing. The Town Clerk shall also send a copy of the published notice, together with a copy
of this Resolution and the Petition for Annexation, by registered mail to the Weld County Board of County
Commissioners and to the Weld County Attorney and to any special district or school district having
territory within the area to be annexed at least twenty-five (25) days prior to the date fixed for such hearing.
Section 4. This Resolution shall be effective on the date hereof.
PASSED, SIGNED, APPROVED, AND ADOPTED THIS day of Z. L.. , 2024.
ATTEST:
By:
Han ah Hill, Town Clerk
TOWN OF JO ' TO N, COLORADO
Michael P. Duncan, Mayor
EXHIBIT A
PROPERTY DESCRIPTION — ARCHDIOCESE ANNEXATION NO.4
An area of land being a portion of Tract 1 as described in Land Survey Plat recorded May 1, 2023 at Reception
Number 4895353 in the records of Weld County, being situate in the North Half of the Northeast Quarter
(N 1/2NE1/4) of Section Sixteen (16), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows;
BEGINNING at the North Quarter corner of said Section 16 and assuming the North line of the Northeast Quarter
(NE1/4) of said Section 16 as monumented by a #6 rebar with a 3.25" aluminum cap stamped LS 7242 at the West
end and a 2.5" aluminum pipe with a 3.25" aluminum cap stamped LS 13155 at the East end, as bearing South
88°26'46" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American
Datum 1983, a distance of 2722.98 feet, with all other bearings contained herein being relative thereto.
The lineal dimensions as contained herein are based upon the "U.S. Survey Foot."
THENCE South 88°26'46" East along said North line of the NE1/4 a distance of 581.90 feet to the West line of the
Reservoir Property per USR No. 1142, recorded December 9, 1997 at Reception No. 2583509;
THENCE South 66°13'28" West a distance of 106.64 feet;
THENCE South 35°24'15" West a distance of 150.14 feet;
THENCE South 40°31'29" West a distance of 55.52 feet;
THENCE South 56°34'09" West a distance of 110.97 feet;
THENCE South 55°44'09" West a distance of 115.44 feet;
THENCE South 46°39'31" West a distance of 110.28 feet;
THENCE South 43°59'36" West a distance of 116.62 feet;
THENCE South 33°40'28" West a distance of 3.96 feet to the West line of the N 1/2NE 1/4 of said Section 16;
THENCE North 01°04'34" West along said West line a distance of 512.45 feet to the North Quarter corner of said
Section 16 and to the POINT OF BEGINNING.
Said area of land contains 3.28 Acres (+1-143,040 sq.ft.) and is subject to any rights -of -way or other easements of
record as now existing on said described parcel of land.
Submittal #1 Archdiocese Annexation Nos. 4 & 5_06-24-24
EXHIBIT A
PROPERTY DESCRIPTION - ARCHDIOCESE ANNEXATION No. 5
An area of land being a portion of Tract 1 as described in Land Survey Plat recorded May 1, 2023 at Reception
Number 4895353 in the records of Weld County, being situate in the North Half of the Northeast Quarter
(N1/2NE1/4) of Section Sixteen (16), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows;
COMMENCING at the North Quarter corner of said Section 16 and assuming the North line of the Northeast
Quarter (NE1/4) of said Section 16 as monumented by a #6 rebar with a 3.25" aluminum cap stamped LS 7242 at
the West end and a 2.5" aluminum pipe with a 3.25" aluminum cap stamped LS 13155 at the East end, as bearing
South 88°26'46" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North
American Datum 1983, a distance of 2722.98 feet, with all other bearings contained herein being relative thereto.
The lineal dimensions as contained herein are based upon the "U.S. Survey Foot."
THENCE South 88°26'46" East along said North line of the NE 1/4 a distance of 1164.44 feet to the POINT OF
BEGINNING.
THENCE continuing South 88°26'46" East along said North line a distance of 577.97 feet to the East line of said
Tract 1;
THENCE along the Easterly and Southerly lines of said Tract 1 by the following four (4) courses and distances:
THENCE South 00°00'16" West a distance of 274.14 feet;
THENCE North 90°00'00" West a distance of 376.23 feet;
THENCE South 00°54'49" East a distance of 756.16 feet;
THENCE North 89°01'10" West a distance of 1357.98 feet to the West line of the N l/2NE1/4 of said Section 16;
THENCE North 01°04'34" West along said West line a distance of 112.02 feet;
THENCE North 50°47'21" East a distance of 33.79 feet;
THENCE North 56O0'46" East a distance of 104.91 feet;
THENCE North 71°05'50" East a distance of 129.18 feet;
THENCE North 59°05'00" East a distance of 89.02 feet;
THENCE North 49°18'57" East a distance of 76.11 feet;
THENCE North 57O0'54" East a distance of 19.16 feet;
THENCE North 69°01'09" East a distance of 27.94 feet;
THENCE North 82°26'55" East a distance of 104.96 feet;
THENCE North 78°36'39" East a distance of 45.47 feet;
THENCE North 69°16'17" East a distance of 127.36 feet;
THENCE North 72°45'00" East a distance of 31.37 feet;
THENCE North 80°12'24" East a distance of 67.50 feet;
THENCE North 71°29'15" East a distance of 47.72 feet;
THENCE North 55°27'04" East a distance of 34.11 feet;
THENCE North 32°30'51" East a distance of 71.59 feet;
THENCE North 03°07'10" East a distance of 118.79 feet;
THENCE North 32°07'01" East a distance of 34.33 feet;
THENCE North 48°33'16" East a distance of 105.63 feet;
THENCE North 43°31'19" East a distance of 34.46 feet;
THENCE North 35°53'58" East a distance of 164.07 feet;
THENCE North 26°06'30" East a distance of 36.24 feet;
THENCE North 12°51'40" East a distance of 83.86 feet to the North line of the NE1/4 of said Section 16 and to the
POINT OF BEGINNING.
Said area of land contains 18.93 Acres (+/-824,570 sq.ft.) and is subject to any rights -of -way or other easements of
record as now existing on said described parcel of land.
Submittal #1_Archdiocese Annexation Nos. 4 & 5_06-24-24
PETITION FOR ANNEXATION
To the Town of Johnstown
(Weld County)
The undersigned, in accordance with Article 12, Chapter 31, C.R.S., as amended, hereby petition
the Town Council of the Town of Johnstown, Colorado, for annexation to the Town of Johnstown the
unincorporated territory more particularly described below, currently known as WELD COUNTY
PARCEL NO. 10591600001, and in support of said Petition, your petitioners allege that:
1 It is desirable and necessary that the following described territory be annexed to the Town
of Johnstown, Colorado:
See Exhibit A attached hereto and made a part hereof.
2. Not less than one -sixth (1/6) of the perimeter of that area proposed to be annexed is
contiguous wills the Town of Johnstown, Colorado.
3. A community of interest exists between the territory proposed to be annexed and the Town
of Johnstown, Colorado.
4. The territory proposed to be annexed is urban or will be urbanized in the near future.
5. The territory proposed to be annexed is integrated or is capable of being integrated with the
Town of Johnstown, Colorado.
6. The signatures of the Petition comprise one hundred percent (100%) of the landowners of
the territory to be included in the area proposed to be annexed and said landowners
attesting to the facts and agreeing to the conditions herein contained will negate the
necessity of any annexation election.
7. No land held in identical ownership, whether consisting of one tract or parcel of real estate
or two or more contiguous tracts or parcels of real estate:
a. Is divided into separate parts or parcels without the written consent of the landowner or
landowners thereof, unless such tracts or parcels are separated by a dedicated street,
road or other public way.
b. Comprising twenty (20) acres or more which, together with the building and
improvements situated thereon has an assessed value in excess of Two Hundred
Thousand Dollars ($200,000.00) for ad valorem tax purposes to be annexed, without
the written consent of the landowner or landowners.
1
Submittal #1_Archdiocese Annexation Nos. 4 & 5_06-24-24
8. No part of the area proposed to be annexed is more than three miles from a point on the
municipal boundary, as such was established more than one year before this annexation
will take place.
9. The area proposed to be annexed comprises more than ten acres and an impact report as
provided in C.R.S. §31-12-108.5, as amended, is required.
10. The area proposed to be annexed is located within Weld County, School District RE 5-3,
Northern Colorado Water Conservancy District, Little Thompson Water District, Front
Range Fire Rescue Fire Protection District, Aims Junior College District, and Weld County
Library District, and no others.
11. The mailing address of each signer, the legal description of the land owned by each signer,
and the date of signing of each signature are all shown on this Petition.
12. Accompanying this Petition are four (4) copies of an annexation map containing the
following information:
a. A written legal description of the boundaries of the area proposed to be annexed.
b. A map showing the boundary of the area proposed to be annexed, such map prepared
and containing the seal of a registered engineer or land surveyor.
c. Within the annexation boundary map there is shown the location of each ownership
tract in unplatted land, and if part or all of the area is to be platted at the time of the
effectiveness of the annexation (as opposed to after such effectiveness), then the
boundaries and the plat number of plots or of lots and blocks are shown.
d. Next to the boundary of the area proposed to be annexed is drawn the contiguous
boundary of the Town of Johnstown, and the contiguous boundary of any other
municipality abutting the area proposed to be annexed.
e. The dimensions of the contiguous boundaries are shown on the map.
13. The Town of Johnstown will not have an immediate need to extend any municipal services at
the time of annexation, as the territory to be annexed will remain zoned agricultural (H -A).
Additionally, because the zoning of the subject property will remain agricultural, and there are
no current plans to change such use of the subject property, the historical drainage on the
property will remain the same, with the Hillsborough Reservoir generally located to the east of
the territory making up Annexation No. 4 and to west of the territory making up Annexation
No. 5. See, Annexation Map provided with this Petition.
14. The territory to be annexed is not presently a part of any incorporated city, city and county, or
town.
15. The undersigned agree to the following conditions, which shall be covenants running with the
land, and which shall, at the option of the Town, appear on the annexation map:
2
Submittal #1_Archdiocese Annexation Nos. 4 & 5_06-24-24
a. Water rights shall be provided as mutually agreed to by the Town and the undersigned;
The undersigned specifically agree that they have not sold or transferred any water
rights appurtenant to their property within the past year nor will they do so during the
pendency of this annexation petition and once annexed to the Town of Johnstown, they
will not sell or transfer any water rights appurtenant to the subject property without the
prior written approval of the Johnstown Town Council.
b. The owners shall participate in providing a drainage plan and improvements and
payment of a unit drainage fee as may be required by the Town for the area.
c. The undersigned hereby waive any and all "vested rights" previously created pursuant
to Section 24-68-103, C.R.S., as amended.
d. The undersigned and the Town may enter into an Annexation Agreement prior to the
effective date of this annexation, which agreement shall be additional conditions as
effectively as if set forth in this Petition.
16. Petitioner represents that: (Check one)
X No part of the property to be annexed is included within any site -specific
development plan approved by Weld County, Colorado.
A site -specific development plan has been approved by Weld County, Colorado,
which has created a vested right.
17. Submitted with this Petition is the required $ .00 for publication costs.
(Signature to follow on next page)
3
Submittal #1 Archdiocese Annexation Nos. 4 & 5_06-24-24
EXECUTED this 2I Sfi day of June 2024.
By: fa a/PY
Name: K t, ►'I I . (&e -S v Ks
Title: CvG, aC a1 '1n'Ae't "C Ara- bt((tipp 1A Ga,Kf
Name of Annexation: Archd loccs c /-rune x.a.- o n !J/OS. if - 5
STATE OF COLORADO
)ss
COUNTY OF
Subscribed and sworn to before me this Z0+ day of June 2024, by Keith Parsons as COO,
Attorney -in -Fact for Archbishop Samuel J. Aquila, Archbishop of Denver.
WITNESS my hand and official seal.
My commission expires: 5\mke,2S, 2x.5
Notary Public
4
Christina Marie Buches
NOTARY PUBUC
STATE OF COLORADO
NOTARY IDO 20214025358
MY COMMISSION EXPIRES JUNE 25, 2025
Submittal #1 Archdiocese Annexation Nos. 4 & 5_06-24-24
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says:
That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of
Johnstown, Colorado, consisting of S pages, including this page and that each signature thereon
was witnessed by your affiant and is the true signature of the person whose name it purports to be.
STATE OF COLORADO )
)ss
COUNTY OF Dal V EV )
Circulator
C 0 , as Otto YL'l t'.t'1 - LA - -ref-
hic�t1J1 ti`zetiltvr J. ikto <a ,
Avek IJi'Alto of- - 1;61Ve/'.
The foregoing Affidavit of Circulator was subscrib� ,d sworn to efore me this
11-1,1.0 day of 0IJ (-t{ ,A.D., 202' , by i A • tCatpLt5 •
e.0.0., as r44-00,04 _iv, - c foy A & t, i 5ttt p
5ztku L•e t Au,t �. , t 01—
Witness my hand and official seal, t� P
My commission expires: 1[2.-1 7IJZP,
TIFFANY M FRANC
NOTARY PUBLIC - STATE OF COLORADO
I NOTARY ID 20014013445
MY COMMISSION EXPIRES JAN 23, 2028 '
5
Submittal #1 Archdiocese Annexation Nos. 4 & 5_06-24-24
ANNEXATION IMPACT REPORT
PID 10591600001 Annexation
1. A statement setting forth the plans of the municipality for extending to or otherwise providing
for, within the area to be annexed, municipal services performed by or on behalf of the
municipality at the time of annexation.
The Town of Johnstown will not have any immediate need to extend any municipal services at the
time of annexation. The parcel in question is currently zoned agricultural (H -A) and will continue
to be zoned agricultural (H -A).
2. A statement setting forth the method under which the municipality plans to finance the
extension of the municipal services into the area to be annexed.
Johnstown plans to finance extension of the above -mentioned municipal services to the area
proposed for annexation through a variety of means, including subdivision improvement
requirements, impact fees capital improvement programs, and arrangements with special districts.
3. A statement identifying existing tax districts within the area to be annexed.
The current existing tax districts of the parcel are as follows:
Tax Area
District ID
District Name
Current Mill Levy
0533
0700
Aims Junior College
6.336
0533
0510
Front Range Fire Rescue Fire Protection District
11.663
0533
1050
High Plains Library
3.196
0533
0306
Little Thompson Water (LTW)
0.000
0533
0301
Northern Colorado Water (NCW)
1.000
0533
0205
School Dist. RE5J - Johnstown
33.988
0533
0100
Weld County
12.024
0533
1200
West Greeley Conservation
0.414
4. A statement on the effect of annexation upon local public school district systems, including the
estimated number of students generated and the capital construction required to educate such
students.
No dwellings are planned and there will be no impact upon the RE -5(J) school district.
5. A map (or maps) of the municipality and adjacent territory to show the following information:
See attached exhibits.
Submittal #1 Archdiocese Annexation Nos. 4 & 5_06-24-24
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