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HomeMy WebLinkAbout20253196 RECEIVED NOV 12 2025 TOWN OF JOHNSTOWN,COLORADO WELD COUNTY RESOLUTION NO. 2025-28 COMMISSIONERS A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE FOR THE J FARMS ANNEXATION 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, on or about August 7, 2025, J Farms, LLC, a Colorado limited liability company, submitted a Petition for Annexation;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 real property situated in the Northeast Quarter of Section 3,Township 4 North,and the Southeast Quarter of Section 34 and the Southwest Quarter of Section 35,Township 5 North,Range 68 West of the 6th P.M.,County of Weld and Larimer, State of Colorado, consisting of approximately 113.330, being more particularly described on Exhibit A,attached hereto and incorporated herein by this reference,filed with the Town Clerk on or about August 7,2025,to be known as the"J Farms Annexation,"is in substantial compliance with§31-12-107(1), C.R.S.,and that a public hearing should be held to determine if the proposed annexation complies with§31- 12-104, C.R.S., 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.,C.R.S. Sectlpn 2. The Town Council hereby sets a public hearing for such purposes on December 1,2025, 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 and Larimer County Boards of County Commissioners and to the Weld County and Larimer County Attorneys 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 ADOPTED THIS 6th day of October,2025. NUFJo ATTEST: O ••:kLe, TOWN OF J TOWN,COLORADO By: Me artinez,T Clerk SEAL, ichael P. can,Mayor tUI: PUI;�I� .''�wii•ocy-• 2025-3196 z�} z� C�," (1Z5) FLL )t,1I'1-11 J E� ) , CM(%1-1?)-rPP, (Li- ltIInM 1e iJ NIsa 1111s(z5 TOWN OF JOHNSTOWN PUBLIC HEARING NOTICE Notice is hereby given that a petition for Annexation territories herein-after described as J-Farms Annexation 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 Monday, Dec 1', 2025, 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. 2025-28 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE FOR THE J FARMS ANNEXATION 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, on or about August 7, 2025, J Farms, LLC, a Colorado limited liability company, submitted a Petition for Annexation; 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 real property situated in the Northeast Quarter of Section 3, Township 4 North, and the Southeast Quarter of Section 34 and the Southwest Quarter of Section 35, Township 5 North, Range 68 West of the 6th P.M., County of Weld and Larimer, State of Colorado, consisting of approximately 113.330, being more particularly described on Exhibit A, attached hereto and incorporated herein by this reference, filed with the Town Clerk on or about August 7, 2025,to be known as the "J Farms Annexation," is in substantial compliance with §31- 12-107(1), C.R.S., and that a public hearing should be held to determine if the proposed annexation complies with §31-12-104, C.R.S., 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.,C.R.S. Section 2. The Town Council hereby sets a public hearing for such purposes on December 1, 2025, 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 and Larimer County Boards of County Commissioners and to the Weld County and Larimer County Attorneys 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 October 30, 2025, November 6,2025, November 13, November 20, 2025 Meghan Martinez,Town Clerk Town ofJohnstown PETITION FOR ANNEXATION To the Town of Johnstown (Weld County) The undersigned, in accordance with Article 12,Chapter 31,CRS,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 J Farms 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 with 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 and 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. (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; - 1 - (9) The area proposed to be annexed comprises more than ten acres and an impact report as provided in Section 31-12-105.5. CRS. as amended. is required. (10) The area proposed to be annexed is located within Thompson School District R2-J. Weld County, Berthoud Fire Protection District, High Plains Library District. Northern Colorado Water Conservancy District. Little Thompson Water District. Larimer Conservation 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 five(5)prints of the area proposed to be 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 territory to be annexed is not presently a part of any incorporated city,city and county, or town; (14) The undersigned agree that the following conditions, which shall be covenants running with the land,will be mutually agreed upon,conditioned in an Annexation Agreement and if applicable, appear on the annexation map: (a) Water right dedication. (b) Drainage plan and improvements and payment of a unit drainage fee. (c) Waiving of any and all "vested rights" previously created pursuant to Section 24-68-103.CRS. (d) Other additional conditions as mutually agreed upon. (15) 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,Colorado. A site-specific development plan has been approved by Weld County. Colorado,which has created a vested right. (16) Submitted with this Petition is the required$ .00 for publication costs. EXECUTED this 7 day of Av .d&/ ,20 . By: Name: Mct(Au Kit� Title: KAr Name of Annexation: J Farms Annexation - 3 - STATE OF COLORADO )ss COUNTY OF J,aw;Wt&v-' ) Subscribed and sworn to before me this1t^ day of.04-vit 05'f . 20'5. by 'rrG�W(e IAJ'I,e as Wyk.,, of .1 F4Pi nc LLC- onbehalf of 5FAthms U . WITNESS my hand and official seal. HANNAH XVIDERA �1 I NOTARY PUBLIC-STATE OF COLORADO My commission expires: Ayyi 10 2.4 -* I NOTARY I020254013730 (( 1 ( MY COMMISSION D(PIRES APR 10,2029 dmemoPumisimiwwwwoms els Notary Public -4 - 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 8 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. Circulator STATE OF COLORADO ) )ss COUNTY OF LAB •I � ) Subscribed and sworn to before me this 1day of Atilt()St ,20 -5— , by 8relt 3AiLe rsk7 as rnanwar of LR2T,,,,eah,,e,.ds tCL on'behalf of J fV 3mi . WITNESS my hand and official seal. I HANNAH XVIDERA NOTARY PUBLIC-STATE OF COLORADO I My commission expires: 1'I I )0*21 NOTARY ID 20254011730 MY COMMISSION EXPIRES PR 10.2029 mmmommurommoimpm Notary Public EXHIBIT A A parcel of land, being part of Lot B, Recorded Exemption No. 1061-03-I RECX 15-0131. as recorded December 17, 2015 as Reception No.4165964 of the Records of the Weld County Clerk and Recorder(WCCR),and a portion of the Right of Way(ROW)of State Highway 60,situate in the Northeast Quarter(NEI/4)of Section Three(3),Township Four North (T.4N.), and The Southeast Quarter(SE I/4)of Section Thirty-four(34), and the Southwest Quarter (SW1/4)of Section Thirty-five(35),Township Five North(T.5N.), Range Sixty-eight West (R.68W.)of the Sixth Principal Meridian (6th P.M.),County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the North Quarter corner of said Section 3 and assuming the North line of said NE 1/4 as bearing North 89°49'34"East, being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2558.39 feet. being monumented by a#6 rebar with 2"aluminum cap stamped LS 30462 at both ends and with all other bearings contained herein relative thereto; THENCE North 89°49'34"East,along said North line,a distance of 429.73 feet to the Northwest corner of said Lot B and to the POINT OF BEGINNING;THENCE North 00°40'56" East,along a continuation of the West line of Lot B,a distance of 30.01 feet to the North ROW of State Highway 60. THENCE North 89°49'34"East a distance of 1874.90 feet; THENCE South 06°09'20"East a distance of 60.33 feet to the North line of that parcel as described in the Special Warranty Deed as recorded April 27,2022 as Reception No.4822378 of the WCCR; Thence along the North and West lines of said Reception No.4822378,the following eight courses: THENCE South 89°49'34"West a distance of 58.38 feet; THENCE South 06°16'07"East a distance of 377.12 feet; THENCE South 07°29'55"East a distance of 270.52 feet; THENCE South 07°57'40"East a distance of 525.51 feet; THENCE South 0713'07"•East a distance of 358.25 feet; THENCE South 06°00'31"East a distance of 416.65 feet; THENCE South 04°31'34" East a distance of 353.95 feet: THENCE South 02°14'29" East a distance of 28.79 feet to the South line of Lot B and to the North line of the Amended Map of Saffell Annexation No.Two as recorded July 9, 1996 as Reception No. 2500170 of the WCCR; Thence along the South and West lines of Lot B the following eight courses: THENCE South 88°53'20" West,along said North line, a distance of 1401.66 feet to the East line of the US Engineering Annexation as recorded March 20, 2019 as Reception No. 4474543 of the WCCR; Thence along the East and North lines of said US Engineering Annexation the following two courses: THENCE North 00°00'43" East a distance of 501.23 feet; THENCE South 88°53'20" West a distance of 1052.09 feet; -6- THENCE North 02°01'52"West a distance of 1475.99 feet; THENCE South 89°37'04" East a distance of 236.81 feet; THENCE North 69°48'06"East a distance of 126.43 feet; THENCE North 23°33'46-East a distance of 142.37 feet; THENCE North 00°40'56" East a distance of 238.10 feet to the POINT OF BEGINNING. Said parcel contains 4,936,662 Square Feet or 113.330 Acres more or less by this survey. - 7 - Mailing Address: J Farms LLC Attention: Troy McWhinney 2725 Rocky Mountain Ave Ste 200 Loveland,CO 80538 - 8 - Hello