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Home My WebLink About20212543.tiffTown of Johnstown MEMORANDUM RECEIVED AUG 2 3 2021 WELD COUNTY COMMISSIONERS TO: Whom it May Concern FROM: Town of Johnstown Planning & Development DATE: August 19, 2021 SUBJECT: Petitions for Annexation Enclosed for your information please find both the Held and Whitehall properties Annexation petition packets. Please note the Town Council of Johnstown has set public hearings for these petitions on Monday, September 20, 2021 at 7:00 p.m. These public hearing shall be held to determine if the proposed annexations 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. If you have any questions or concerns regarding this information do not hesitate to contact the Planning and Development Department at 970-587-4664 or planning@JohnstownCO.gov. Thank you. Pc/61:c Rev:e I„) oIs/30/21 The Community That Canes www.TownofJohnstown.com P: 970.587.4664 1450 S. Parish Ave, Johnstown Co I F: 970.587.0141 cc: So (Rs), PL(TP), GRCVP/AT/ri), r .J ER/cN/EP), RSR(DK/'s&),stS(sc) O$'/23 (21 1 2021-2543 , I ' ;,./:;4;: • .,•,•,,. •,: • .. -• ,..ir. . • ' 4 �:: LUMINUM:CAP:IN'A.MONUMENT'.BOX '.c •..(ILLEGIBLE :SCRIPTION),: • LOCATED AN: :;THELCENTER:OFF•THE-INTERSECTION • ,. `• 'I=OF*': •COLORADO::•BOULEVARD/COUN- .'':'!TY::ROAD ="13'AND =COUNTY ROAD -46,. ", ANII.'THE SOUTHk.RIGHT.•OF:WAY'LINE.,• ••-••••,' "in; `. -' : Spencer -Fans LLP, 1,200• Lincoln • Stn • Published -in;TheIJohnstown Bieeze'Au- . •Suite 2000,`Denver,:•Colorado,80203:' gust'•,Q;-26,:and September 2;.9, 2021. " 'The proposed • Districts: ;shall ben ''' * •ter'' ' - ' rbpolitan •districts,and: have. -the power; TOWN OF JOHNSTOWN, COUNTY;OF authority; to='provid-e;�the;.!public imprc ' :WEED;.STATE•OF`COLORADOW; -' ment.••as-,described. Ini'the;Service PI. ...••44°31'21"'VILEST, 42.50 • • ..�....,�:'" ;,,,"•' •-� :...I_ "am:4..,...,: .,i: ;:• .:.:�::as-such power.'and:�:authority:':is•descril FEET TO-.':T.HE.:INTERSECTIONAOF'THE - .NOTICE 'OF�PUBLIC'•HEARING `ON • •in,ahe Special° District`Act:and other ar QWESt'RIGHT OE'WAY�.LINE4OF :COLD.;•- SERVICE .RLANS -FOR • LEDGE,;. ROCK,,,rp.p,•gable.:statutes; common law -and 'the •C ::RADO':BOULEVARD/COUNN: ROAD :13 i • ;•i ••CENTER-�COMMERCIAL'��=METROPOLI,r•' .atitutionsubject'to.:ttie limltations•sef:fi TAN:, DISTRICT,A:RESiDENTIAL" " METRO- •. .: in: the";Service.�Plans''and!any:.intergove SOLVED :BYE THE TOWN :COUNCIL OF . •:, ;OF :.:COUNTY:ROAD'•.46, ':.BEING -THE. •: POLiTAWDISTRICTrNO "1 RESIDEN- mental .'--agreernent(s) �•'bet*een°'the' ;1 THE TOWN:OF�JOHNSTOWN;�COL"ORA `POINT=OF=BEGINNING OF HEREIN.,DE- :.T•IAL••METROPOUTAN+DISTRICT:NO.2' posed'Districts • and•thec own;'as-any. of SCRIBED TRACT :..-• ' DO -,THAT: ' " ::.. o n , •.. ; •....:: of the same may be. amended from time : .' ?THENCE: SOUTH.. 89 25 38 • WEST, ...:.,:-:.• •NOT CE" ;IS E - time` .. •,Section•'I:,.';The:Town;,Council•ctthe. ,;°' 'THE°:SOUTH RIGH: TI HEREBY GN N,,that AL• ONG.:. TA.'.OF�.WAY ..:.. 'TovV'n� of'Johnstown..findsahat a. Q�efrtion:for� •-:•':`�r.there,has:beeri�filed,:with�the°Town.Clerk`of,:'•:..'••�'��NOTICE•, •iS: FURTNER�eGIVEN -1 Annexation of tcwn finds hat a Built d or. i:,,'''LINE` OF'-COUNTYcROAD°146, .GRAVEL'-': !the TNT ofJ.ohnstowrl',:.WeId.,Copnty;'.State „;pursuant!;ao;:;§32=,1 203(3.5),'•: C'.R,S., the East half o 'certain, Quartee,u 1d I .:.,.ROAD•.WITH-A.60.FOOT RIGHT,OF,WAY,::_ :ofColoredo.(the:►•;.own?), servlce�plans:and aamended;ithe-owner:.of:real.property.:w Southeast of:Section,12; Township ": 2620:78 FEETITO:AN.ANGLE:POINT'OF • related :.documents(the "Service'PI ansf)'forrin;:the:;proposed' Districts, may file :a; p Southeast Range Quarter ofect of'the:Tth"P.'MP.. ..4.-".;.••• HEREIN•DESCRiBED'TRACT; each'of:the proposedLedgei;Rock Center aion.with,ih&Town'Councit-stating ream County of "Weld;•:states West:f of orado,: known ,THENCE ,SOUTH•:.89°25'53" r WEST,....,Commercial.. Metropolitan':. District;"Ledge ':whysaid property:�should' not. be..incluc by site •of Weld:as''563'1�Coun Road 46'''' 6. :,`.• :';ALONG .THE..SOUTH.!RIGHT OF':�•WAY , .Rock'•Center.:Residential.Metropolitan;;Dis-;-. .:in''the?Districts'and'°requesting that•such Cun of,-Weld;;State-.o ount ratio iron ,. ; LINE•OF :COUNTY.�ROADt46, y:GRAVEL :.tr(cti;No:%1•;.4:•and:• the Wedge: Rock 'Center.: ...al :property,: be:.exciuded.from:the Distrii sisting,of approximately,.' -240.96: acres,'be- •<,-.ROAD.WITH'A'60•FOOT:RiGHT.•OF:WAY,^',._.. Residential. Metropolitan:District.Noc. 2 (col ..Such petition may tielfiled no'later,than-. ing .more' particularly' described on`•Exhibit, : 1325.43::FEET "TO ..THEOUTHWEST - :lectively, the "Districts"): A mappof the'pro-"L ;: (10) days:before the,day fixed.for•the pul ..,::-..CORNER,..OF :;HEREIN:.'.DESCRIBED posed Districtsand`the SService;.Plans'are•... heann on -the service: plans;.but:theTo Al-which'is:attached. hereto and'incorporat .; o on file;.in 450 ,. Councii,shall:notbelimited in its action v ed. herein 'by,:this`reference,fiied ;with the ' �,'�'':TRACT; '• , . ' . - .,: At, - : `•THENCE 'NORTH 00 2405. WEST,-. • •South .Parish;Avenue;: Johnstown '-�Colora ;:i . 'respecf;'to; the: exclusion; of territory f ba; Town.Clerk on or aboutJuly 26,.2021; to be: •��1`t2657.61'='FEE'h TO, -THE•:.: NORTHWEST •':.ido:80534, and are'availabli0 forpublic' in-:... u .or%such:'re uest:.••An request -for exc 'known asMhitehallAnnexation/Is:in sub P q Y, stantlal compliance `with: §31=12-1071'); . 't ,,-.aCORNERT::OF'`•�; HEREIN • ..DESCRIBED ., spection. .. • /� . -• ' ' -Sionshall=be'acted-upon: before final act and that= a public hearing;should .be `held. ▪ t: NOTiCE•IS FURTHERGNEN that the of the" 'own Council .under. Section 32 to determine if the. proposed'' annexation ,.• . ,'• :. THENCE NORTH. '89:2913-� F_AST,w Town -=Council-':of -'the•Town of Johnstown -' 205, C.R:S.: ; • - '-• ►1324:•43:' -'FEET • TO:i.A' :POINT•r:.ONti:THE::;•: •r:(tho •'Town:Council) will hold:a. public.hear ,..• ,,, All:protests: and: objections. torthe C complies with .§§31-12=104. and -31-12-105; !,::::;WESTERN LINEOFSOU.THEASTQUAR- C.R:S:, •or such arts%thereof as may'ba':.I.n: ing 'at or.atiout'7;00-p'.m:, or:.soon there trios,:as:proposed;'shall be •deemed. to required'to: esth. part eligibllit}i: pun abe •.::;.-4.1-!,-"t;TER,OF..SAID:SECTION'�:12,; FOR AN AN-. • after; ;ori'. Wednesday;,•:September-'8;_2021 -waived 'Unless: presented - in. writing at. GLE :POINT.' :DESCRIBED'-. :at ":Town."Hali;-X450.'South 'Parish: Avenue,; .-.:. time'and.in the•manner-specified.herein Section :2:" The Town: Council here- :..' TRACT,;: AND. FROM '•WHiCH.'THE ' SAID,.: Johnstown Colorado•:$0534, .or. aat'.such'': `-, ! ' " 'Published -In • The. Johnstown . Breeze I gust 19;1..2021 ' - • " roWNt,QF:MJOHNSTOW �`:'::- . • PUBLIC- HEARING:No:mg-4tin:'' NOTICE IS HEREBY;GiVEN• that':ail ,% • petition for. Annexatioq ofrterritoriesTere- inafteedescribedkas',W,hitehaii:Antiexation has been`�presented� to ttie;';�Towp; Council "-' of:Johnstown; Cotoradoarid?'foupd i to.be in '•apparent:.compliance'<•with! theaapplica ble` provisions"of Iawr'and:.the Town: Coun- 'z'�►-...-. - • cit'has adopted a"Resoiutlonitoseia public f _ � ••• hearing ta'be held:at:7;QQ; p m;:•on:�Monda •: ` September''20; 2021 1n4he'Council'Charri= bers.of the.Town ofJohnstown, 450 South''!., Parish, Johnstown; Colorado to.determine' :,: ; '.::' if the ;proposed'annexatione�complies-with' ". a'• t "`:'^ • the applicable requirements' of law:', . >•F'aI `r .,r . 1', •The Resolution:adopted by. the:.Town ' Council -for. such purposes is- words, let- ters and-figures•as follows: a • • • • • . -- • • • A. • y - .t • • , N .. :. : , I .,. • .— '•i' ,• .. - • ... - ,13 '.. • . ,, i, ,,. ' I; ursday, August:.1. •2.0 - • • ° IN, DESCRIBED• TRACT, AND'CONTAIN- tion'ofthe:boundaties of the'Districts•i: '��"LEGALS, from a e.11 • ^ :ING-240196 10' " TOWN OF JOHNST.OWN : COLORADO',., �, p. { 496;081?SQ:`FT. , - ,::fife:;fn�the.office'-ofrthe•Town`Gler(�:'Fun RESOLUTION. NO: 2021-24•. • ' i'�'��i " Y►'';`- ' .: ' g'.. „ MORE OWL'ESS ;WHICH•1NCLUDES '; :information ;regardingr.t proposed WHEREAS,. •Sauer+White.hall,• 'LLC, '�" ▪ `'" ' '-'' '`' ' .5:435TACRE , he sed. 142;EAST99ORNERci.OF,•,� „� • .. - ..' ' .-, ��'�'�� S'(236770:SQ:�;FT•.')'QF��PUB-- �.tricts rriay,.�be obt�inect,-'by,coiitacting'cc ::SAIDaSECTION•4, • `LIC RIGHTOF'•WAYCOUNTY:RO ►D�I6:.: sel.for. the: ro-onents ofahe'Districta Sauer Pha I(mite,.LL (tity'.company, :and •p pSauer' Phantom 5; LL''C; :a Colorado .limit- ed.BEING liability corilpany, ;submitted a Petition : for Annexation;.,and . WHEREAS, the Town. Council of the Town of'Johnstown has ':reviewed the Pe- tition for .Annexation;,and;.finding substan- tial compliance as.;set forth; below, desires . to initiate annexation proceedings in accor- dance.with-the law •arid 'set'a'public 'hear- ing .. +;: - NOM' BE• .,LT ;RE= §31-12-101; et seq. • •-•fr.1 y , ', CENTER •QUARTER .CORNER •�OF•• SEC- ; other--time:and -place•:as the'. heanng may by sets.'a public hearing for such purpos- ';, TION ' 12 BEARS, . NORTH: • 00025116.M '" :be' -continued.: _The: purpose:of`:the hear- es on September.20, 2021,.at 7:00.p.m., • WEST,•'30,00 FEET,::BEING„MARKED;BY`:''-,ln shall':be to.considerthe•Service'Plans- at 450 South Parish'Avenue,. Johnstown, 1•:' i.A'FOUND:2.5 INCH ALUMINUM CAP- iL- 9' _ � ; -and aoform,a-basis'for; adopting a resolu- Colorado. LEGIBLE SCRIPTION); ;.'aion' a rovin disapproving - Section 3: The Town Clerk shall pub- pp , g disc rovin or condition - THENCE NORTH:,•89°13'51'''EAST,: ' ally a rovin lish notice of•.the hearing once per -week .`. - :. Y'• pP g:the Service Plarts.� 2652.66'.: FEET, •TO..A ..p...OINT„•:ON 'THE... :: ;. four (4)consecutive:weeks':in:.the John- :..-• • ,••The.�prope►'ty affected: for -the: Ledge for stowBreeze,secu ive;the wirst ks'in:tpublication a..:: WEST'RIGHT OF:WAY'•.LINE�,:OF COLD- .- Rock{s�Commerciai%:.Metropolitan",District RADO BOULEVARD/COUNTY; ROAD.;�I3, •.consists•of'a roximatel 3 ' least thirty (30) days, prior:tothe.date.of the pp y, 5:857, acres of:. • FOR • THE? :NORTHEAST .CORNER': OF'-' - land `''Within':the:.initial commercial'°district ' hearing:' The Town�Clerk'Shall •also�send : HEREIN.-DESCRIBED•.TRACT;AMARKED: . a copy-; of .the published -:notice,. together'':: ▪ boundaries:`'The_property ;z acted -for the with •a cop- of f this Resolfished do Jce, , the: Pe- BY A, 5/8 ; INCH f. REBAR WITH;'ALUMI-• ;Ledge RockResidential;•Metropolitan Dis- NUM''CAP. STAMPED•' PLS:'38702;",SET•.' tition for Annexation,' by: registered mail to , trio No:,'I;consists ofapproximately 50:773 the Weld CountyBoard of County Commis- :.-I ON .' WESTERN -:.RIGHT OF: WAY;"; LINE -a: acres:,'of: land`within the .multi -family. res.- the COLORADO:BOULEVARD/COUNTY , idential ::district'- boundaries::?;The:.proper.- ROAD 13'FORAN' OFFSET:iVIONUMENT;' ty • affected : for the. Ledge :Rock Residen- `THENCE'--: SOUTH•:''00°22:56 - EAST,. = :▪ •: tial• Metropolitan District .No..:2+.:consists of ;' ALONG THE:WEST,RiGHTO r;WAYLINE. ,approximately- 61.336 acres ��of'land-within . .:'-,.OF-�;COLORADQP BOULEVARD/COUN- ' ',t:single-faily residential district bound- i:•=:. Y ROAD.:•13;•,ASPHALT•:ROAD :WITH a - -ariest:'::All of,these threeiDistrictsproper- ::3�• : 60 FOOT:RIGHT:OF WAY,2665.32 • • ties and,boundaries.aregenerally:located TO •THE POINT:OF;BEGINNING,;BEING _ • south -of Highway 60/County Road 48 and f-' THE•LSOUTHWESV CORNERfOF'HERE- • .east. `of lnterstate. I-25.. A precise.�descrip- sioners-.•and 'to the`:Weld'!County Attorney and to any.speciai'districf`or;school district having territorywithin °.the area -to be an- nexed -at,least twentflve (25)'days_priorto ''the date fixed for such; hearing:' ' • • ' Section•:•4•..};This.: Resolution fshall:•b ' effective on the date hereof:42:, -• .. • •PASSED, --`SIGNED; - .-APPROVED AND -ADOPTED THIS;2nd:`day •of•August 2021. •••,.. ATTEST i'•" TOWN OF•JOHNSTOWN, COLORADO .•: • ; .:; By _s/s •""Diana Seele' , Town Clerk • - - 1. • By: sIs Gani ebsack,.•Mayor • r. . Exhibit A.Legal'Description A 240:'96 ACRE TRACT OF LAND BE- ING THE PROPERTY.. OF.SAUER PHAN-. 'TOM 5 LLC "(RECEPTION' NO. 3480479) AND PORTION OF : SAUER " WHITE- - HALL LLC ' (RECEPTION 'NO. 4657171), . AND PORTION OF COUNTY ROAD 46 RIGHT OF WAY,"IN.THEEAST HALF OF THE SOUTHWEST' QUARTER (E/2 OF THE . SW/4) . AND, - SOUTHEAST QUAR- - TER (SE/4). OFr.SECTiON 12' AND THE NORTH. HALFOETHE NORTH HALF (N/2 OF THE N/2) OF- SECTION. 15, TOWN- . SHIP 4 NORTH,:RANGE:68 WEST; 6TH/ P.M., WELDtOUNTY,. COLORADO, BE- ,1NG•MORE PARTICULARLY DESCRIBED BY:•METES'AND BOUNDS A FOLLOWS:' COMMENCING AT -•THE.: SOUTH - See 'LEGALSon page:1:2 • f WHITEHALL ANNEXATION IMPACT REPORT 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 has adopted general master plans for the extension of water lines and appurtenant facilities, sanitary sewer mains and treatment facilities, stormwater facilities, road maintenance, police protection, parks and recreation and library services to the area proposed for annexation as part of the Johnstown Comprehensive Plan. 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 area proposed to be annexed is located within Weld County, Aims Junior College, Big Thompson Conservation, Front Range Fire Rescue Fire Protection District, High Plains Library, Little Thompson Water, Northern Colorado Water, School District RE5J and no others; Tax Area District ID District Name 2364 0700 AIMS JUNIOR COLLEGE 2364 1203 BIG THOMPSON CONSERVATION 2364 0510 FRONT RANGE FIRE RESCUE FIRE PROTECTION DISTRICT 2384 1050 HIGH PLAINS LIBRARY 2364 0306 LITTLE THOMPSON WATER (LTW) 2364 0301 NORTHERN COLORADO WATER (NCW) 2364 0205 SCHOOL DIST RE5J-JOHMSTOWN 2384 0100 WELD COUNTY 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 Impact. The project will not be required to dedicate any land or pay cash in lieu due to the initial land contribution. 5. A map (or maps) of the municipality and adjacent territory to show the following information: a. The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; See Annexation Plat as part of application. b. The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation (from Town master plans) The Outline Development Plan will provide further detail when submitted however the following generally describes the location of the major elements: • Water is located to the north in Clearview and will be initially extended into the site by the School District. • Sanitary Sewer is being extended to the southeast corner of the site by the Town and will be connected an initially extended into the site by the School District. • Storm Drainage will follow historic patterns and release historic drainage at the southern boundary of the site. • Colorado Boulevard and Weld County Road 46 (Whitehall Parkway) will be expanded on the developments side and frontage to their ultimate cross sections as identified on the Towns transportation plans and or as identified on the project(s) individual site reports. EXHIBIT A 240.96 ACRE TRACT TO BE REZONED BEING PORTIONS OF THE E/2 OF SW/4 AND SE/4, SECTION 12, AND N/2 OF N/2, SECTION 13, T4N, R68W 6TH P.M., WELD COUNTY, COLORADO A 240.96 ACRE TRACT OF LAND BEING THE PROPERTY OF SAUER PHANTOM 5 LLC (RECEPTION NO. 3480479) AND PORTION OF SAUER WHITEHALL LLC (RECEPTION NO. 4657171), AND PORTION OF COUNTY ROAD 46 RIGHT OF WAY, IN THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 OF THE SW/4) AND SOUTHEAST QUARTER (SE/4) OF SECTION 12 AND THE NORTH HALF OF THE NORTH HALF (N/2 OF THE N/2) OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 68 WEST, 6TH/ P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS A FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, BEING MARKED BY A FOUND 3 INCH ALUMINUM CAP IN A MONUMENT BOX (ILLEGIBLE SCRIPTION), LOCATED IN THE CENTER OF THE INTERSECTION OF COLORADO BOULEVARD/COUNTY ROAD 13 AND COUNTY ROAD 46, THENCE SOUTH 44°31'21" WEST, 42.50 FEET TO THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF COLORADO BOULEVARD/COUNTY ROAD 13 AND THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 46, BEING THE POINT OF BEGINNING OF HEREIN DESCRIBED TRACT; THENCE SOUTH 89°25'38" WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 46, GRAVEL ROAD WITH A 60 FOOT RIGHT OF WAY, 2620.78 FEET TO AN ANGLE POINT OF HEREIN DESCRIBED TRACT; THENCE SOUTH 89°25'53" WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 46, GRAVEL ROAD WITH A 60 FOOT RIGHT OF WAY, 1325.43 FEET TO THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT; THENCE NORTH 00°24'05" WEST, 2657.61 FEET TO THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT; THENCE NORTH 89°29'13" EAST, 1324.43 FEET TO A POINT ON THE WESTERN LINE OF SOUTHEAST QUARTER OF SAID SECTION 12, FOR AN ANGLE POINT OF HEREIN DESCRIBED TRACT, AND FROM WHICH THE SAID CENTER QUARTER CORNER OF SECTION 12 BEARS, NORTH 00°25'16" WEST, 30.00 FEET, BEING MARKED BY A FOUND 2.5 INCH ALUMINUM CAP (ILLEGIBLE SCRIPTION); THENCE NORTH 89°13'51" EAST, 2652.66 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF COLORADO BOULEVARD/COUNTY ROAD 13, FOR THE NORTHEAST CORNER OF HEREIN DESCRIBED TRACT, MARKED BY A 5/8 INCH REBAR WITH ALUMINUM CAP STAMPED "PLS 38702", SET ON WESTERN RIGHT OF WAY LINE OF COLORADO BOULEVARD/COUNTY ROAD 13 FOR AN OFFSET MONUMENT; THENCE SOUTH 00°22'56" EAST, ALONG THE WEST RIGHT OF WAY LINE OF COLORADO BOULEVARD/COUNTY ROAD 13, ASPHALT ROAD WITH A 60 FOOT RIGHT OF WAY, 2665.32 FEET TO THE POINT OF BEGINNING, BEING THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT, AND CONTAINING 240.96 ACRES (10,496,081 SQ. FT.) MORE OR LESS, WHICH INCLUDES 5.435 ACRES (236770 SQ. FT.) OF PUBLIC RIGHT OF WAY COUNTY ROAD 46. BENJAMIN K. FONTENOT, PLS COLORADO PROFESSIONAL LAND SURVEYOR NO. 38702 COFFEY ENGINE ERING & SURVEYING 4045 ST. CLOUD DRIVE, LOVELAND, CO. 80538 MAIN (970) 622-2095 c. The existing and proposed land use pattern in the areas to be annexed (Outline Development Plan); Planned Unit Development — Mixed Use (PUD-MU) will be initially established by the Town for the project as a Outline Development Plan is processed/approved. PETITION FOR ANNEXATION To the Town of Johnstown (Weld County) The undersigned, Sauer -Whitehall, LLC, a Colorado limited liability company, and Sauer Phantom 5, LLC, a Colorado limited liability company, 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 Whitehall, 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; 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 ($200,000.00) for ad valorem tax purposes to be annexed without the written consent of the landowner or landowners. (b) -1- - -- -r- &LMIIP.WnWOLLc Eta OPMWEIOMmaaHs 414,74'0,=,-1 e;, -1 =2'.%;:;,"" ELSMIVIEW P.U.O. SECOND FILING RECEPTION NO. 3024732 D. RECORDED ENCAPTON NO. 1061-I2-1-RIT317 RECEPTION NO. 2627672I WHITEHALL. ANNEXATION PLAT EAST HALF OF SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 NORTH, RANGE 68 WEST, ETH P.M. COUNTY OF WELD, STATE OF COLORADO E Jr�.:iT I D. SPEC. WARRANTY DEE0 RECEPTON NO. 3690660 M SPECIAL IMMRANTIf DEED RECEPTON NO. 3809006 ATM. I H r� rrrr • LJ i-u O<J96Em NA TIMM, GRIM DOOKMUMIDESIRD SMICCDMISPDADMI WHITEHALL ANNEXATION SUMMARY TABLE MADAM WIT AILEAUCIPE ARM MCI 4,0F ANNEMO 5AISIRFNANTOMS EINES 3.410.66.3 7.99 3.I.711% n.o,a \may � NEGEPnON N0. ]]630A3 iAMBPS SIEVEY FOR OOED REIN N 0uc. Er 5�iw�rto ev eExJAMw N. rav ASt6oi 6s Na. ae�o�zAA)' 6 rot= :alRO1x«IDur-As Km.. TELLORPLASIIR RIP Ac xcx (ssK6 r - IMMO 1. WEW6Mwiv NxEEEOeoo 1417 PAGE UDR N LEGEND: Fps SECTION 7 ms) cnox IS BOxnculn �rAisNrnr TOTAL PERIMETER OF AREA CONSIDERED FCR ANNEXATION: 2012LIDI ONE -MEIN OF TOTAL PERIMETER 1103.13. FERRIC TIE AREA CAREA; CONTEMNS W OF W WITH COSTING 101M tuns: ias..ar TIE TOT. CONTIGUOUS PERIMETER IS IDS sTATE DELINTS OF T.4 AMIErani 4 Rommel LE NAT Iv. LmmONsoco, Lwow RE BD c.v.. smut Oar 2021 MIO SELL I$ NY CORRISSOI1 ERR= DAs NoMkr cOUMS011 MT, Tom remelt umlnwu• FIELD FROM 11,057-76 LO 0 or llOHBiwOH nHAox. MIMEO NAME) RECEEDARLETZu 372 IN IL RAMROD. LS F, (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 Section 31-12-105.5, CRS, as amended, is required. (10) The area proposed to be annexed is located within Weld County, Aims Junior College, Big Thompson Conservation, Front Range Fire Rescue Fire Protection District, High Plains Library, Little Thompson Water, Northern Colorado Water, School District RE5J 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. (t) A proposed drainage plan and a proposed utilities plan. (13) The territory to be annexed is not presently a part of any incorporated city, city and county, or town; -2- (14) 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: (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 drainage plan and improvements and payment of a unit drainage fee as may be required by the Town the area; (c) The undersigned hereby waive any and all "vested rights" previously created pursuant to Section 24-68-103, CRS, 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. (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 County, 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 $100.00 for publication cost ie EXECUTED this 28 day of JULY' , 2021. SAUER-WHITEHALL, LLC, a Colorado limited liability company By: Cynthia Sauer cG ,,ivn= Title: Managing Member Name of Annexation: Whitehall -3- By: Alex Sauer STATE OF COLORADO ) )ss COUNTY OF \mac. ID ) Subscribed and sworn to before me this 20 day of juk—Y , 2021, by Cynthia Sauer as the Managing Member of Sauer -Whitehall, LLC. WITNESS my hand and official seal. My commission expires: /2 Todd A. Johnson NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2!l: i:3 MY COMMISSION Notary Public SAUER PHANTOM 5, LLC, a Colorado limited liability company 4/(p4 +--��-� Title: Managing Member Name of Annexation: Whitehall STATE OF COLORADO COUNTY OF 4 —'' )ss Subscribed and sworn to before me this 28 day of , 2021, by Alex Sauer as the Managing Member of Sauer Phantom 5, LLC. WITNESS my hand and official seal. My commission expires: / 2 ^a 26( TryQthgte tor.Ail,y Ic . 29Q Q3 t MY COMMISSION EXPIRES Der,Rmbe[8•. 20247 -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 six(6) 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 COUNTY OFI,Ittj )ss Circulator f�regoing Af • .vit of Circulator was subscribed and sworn to before me this 8 - day of , A.D., Cog l , by 9 Witness my hand and official seal. My commission expires: ZACHARY K MARTIN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174040568 MY COMMISSION EXPIRES SEPTEMBER 28, 2021 Arribec L 1dal -5- otary Public EXHIBIT A A 240.96 ACRE TRACT OF LAND BEING THE PROPERTY OF SAUER PHANTOM 5 LLC (RECEPTION NO. 3480479) AND PORTION OF SAUER WHITEHALL LLC (RECEPTION NO. 4657171), AND PORTION OF COUNTY ROAD 46 RIGHT OF WAY, IN THE EAST HALF OF THE SOUTHWEST QUARTER (E/2 OF THE SW/4) AND SOUTHEAST QUARTER (SE/4) OF SECTION 12 AND THE NORTH HALF OF THE NORTH HALF (N/2 OF THE N/2) OF SECTION 13, TOWNSHIP 4 NORTH, RANGE 68 WEST, 6TH/ P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS A FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, BEING MARKED BY A FOUND 3 INCH ALUMINUM CAP IN A MONUMENT BOX (ILLEGIBLE SCRIPTION), LOCATED IN THE CENTER OF THE INTERSECTION OF COLORADO BOULEVARD/COUNTY ROAD 13 AND COUNTY ROAD 46, THENCE SOUTH 44°31'21" WEST, 42.50 FEET TO THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF COLORADO BOULEVARD/COUNTY ROAD 13 AND THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 46, BEING THE POINT OF BEGINNING OF HEREIN DESCRIBED TRACT; THENCE SOUTH 89°25'38" WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 46, GRAVEL ROAD WITH A 60 FOOT RIGHT OF WAY, 2620.78 FEET TO AN ANGLE POINT OF HEREIN DESCRIBED TRACT; THENCE SOUTH 89°25'53" WEST, ALONG THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD 46, GRAVEL ROAD WITH A 60 FOOT RIGHT OF WAY, 1325.43 FEET TO THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT; THENCE NORTH 00°24'05" WEST, 2657.61 FEET TO THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT; THENCE NORTH 89°29'13" EAST, 1324.43 FEET TO A POINT ON THE WESTERN LINE OF SOUTHEAST QUARTER OF SAID SECTION 12, FOR AN ANGLE POINT OF HEREIN DESCRIBED TRACT, AND FROM WHICH THE SAID CENTER QUARTER CORNER OF SECTION 12 BEARS, NORTH 00°25'16" WEST, 30.00 FEET, BEING MARKED BY A FOUND 2.5 INCH ALUMINUM CAP (ILLEGIBLE SCRIPTION); THENCE NORTH 89°13'51" EAST, 2652.66 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF COLORADO BOULEVARD/COUNTY ROAD 13, FOR THE NORTHEAST CORNER OF HEREIN DESCRIBED TRACT, MARKED BY A 5/8 INCH REBAR WITH ALUMINUM CAP STAMPED "PLS 38702", SET ON WES FERN RIGHT OF WAY LINE OF COLORADO BOULEVARD/COUNTY ROAD 13 FOR AN OFFSET MONUMENT; THENCE SOUTH 00°22'56" EAST, ALONG THE WEST RIGHT OF WAY LINE OF COLORADO BOULEVARD/COUNTY ROAD 13, ASPHALT ROAD WITH A 60 FOOT RIGHT OF WAY, 2665.32 FEET TO THE POINT OF BEGINNING, BEING THE SOUTHWEST CORNER OF HEREIN DESCRIBED TRACT, AND CONTAINING 240.96 ACRES (10,496,081 SQ. FT.) MORE OR LESS, WHICH INCLUDES 5,435 ACRES (236770 SQ. FT.) OF PUBLIC RIGHT OF WAY COUNTY ROAD 46. -6- TOWN OF JOHNSTOWN, COLORADO RESOLUTION NO. 2021-24 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE FOR THE WHITEHALL ANNEXATION WHEREAS, Sauer -Whitehall, LLC, a Colorado limited liability company, and Sauer Phantom 5, LLC, a Colorado limited liability company, submitted a Petition for Annexation; and WHEREAS, the Town Council of the Town of Johnstown 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 of the Town of Johnstown finds that a Petition for Annexation of certain property situated in the East half of the Southwest Quarter and Southeast Quarter of Section 12, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, known by site address as 5631 County Road 46, County of Weld, State of Colorado, consisting of approximately 240.96 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 July 26, 2021, to be known as "Whitehall Annexation," 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 20, 2021, 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 , 2021. ATTEST: TOWN OF JOHNSTOWN, COLORADO By: By: Diana Seele, Town Clerk Gary Lebsack, Mayor Hello