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HomeMy WebLinkAbout20203032.tiffRECEIVED TOWN OF JOHNSTOWN, COLORADO RESOLUTION NO. 2020-27 OCT 0 8 2020 WELD COUNTY COMMISSIONERS A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE FOR THE PODTBURG ANNEXATION WHEREAS, the Town of Johnstown, Colorado ("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 authority to administer the affairs of the Town; and WHEREAS, on or about February 28, 2020, the Podtburg Dairy Limited Partnership, LLLP, a Colorado limited liability limited partnership, and Mary M. Knutson, an individual, submitted Petition for Annexation Nos. 1-5 ("Petition for Annexation") with the Town; 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 the Petition for Annexation of certain property situated in parts of Sections 18, 19, 30 Township 4 North, Range 67 West and Sections 13, 24, 25 of Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, consisting of approximately 462.35 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 February 28, 2020, to be known as "The Podtburg Annexation," is in substantial compliance with C.R.S. §31-12-107(1), and that a public hearing should be held to determine if the proposed annexation complies with C.R.S. §§31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility pursuant to the Municipal Annexation Act of 1965, C.R.S. §31-12-101, et seq. Section 2. The Town Council hereby sets a public hearing for such purposes for November 2, 2020, 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. Pub I; c Rev;ew l0/14/,20 CC:SO(►r,^,) PLC'?), Ch&4/HM/tP), pw(ER/CH/ss/EP), R3R(PK/56), (,Z $(sG.) l0/oct /20 2020-3032 Se ion 4. This Resolution shall be effective on the date hereof. ,IGNED, APPROVED, AND ADOPTED THI< 1 day o AT ST: ` TOWN O By;3By: Ana Segle, Town Clerk JOHNSTOWN, COLORADO PODTBURG ANNEXATION #1 A parcel of land being a portion of the Northwest Quarter of Section Eighteen (18), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of the Northeast Quarter of Section Thirteen (13), Township Four North (T.4N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00°02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00°02'15" East along the East line of the Northeast Quarter of said Section 13 a distance of 30.04 feet to a Southerly line of Maplewood Acres Annexation to the Town of Johnstown recorded March 25, 2009 as Reception No. 3612645 in the Records of Weld County and to the POINT OF BEGINNING. THENCE South 87° 11' 22" East a distance of 30.04 feet to the intersection of the Easterly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46; THENCE South 11° 32' 58" West a distance of 149.36 feet to the East line of the Northeast Quarter of said Section 13; THENCE North 11° 30' 44" West a distance of 150.80 feet to the intersection of the Westerly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46, said point also being the Southwesterly corner of said Maplewood Acres Annexation to the Town of Johnstown; THENCE North 89° 54' 46" East along a Southerly line of said Maplewood Acres Annexation a distance of 30.00 feet to the East line of the Northeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation #1 is 0.10 acres, more or less (±). PODTBURG ANNEXATION #2 A parcel of land being a portion of the Northwest Quarter of Section Eighteen (18), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of the Northeast Quarter of Section Thirteen (13), Township Four North (T.4N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00°02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00°02'15" East along the East line of the Northeast Quarter of said Section 13 a distance of 177.85 feet to the POINT OF BEGINNING. THENCE North 11° 32' 58" East a distance of 149.36 feet to the intersection of the Easterly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46; EXHIBIT A PROPERTY DESCRIPTION THENCE South 02° 15' 22" West a distance of 749.63 feet to the East line of the Northeast Quarter of said Section 13; THENCE North 02° 19' 35" West a distance of 751.10 feet to the intersection of the Westerly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46, said point also being the Southwesterly corner of Maplewood Acres Annexation to the Town of Johnstown recorded March 25, 2009 as Reception No. 3612645 in the Records of Weld County; THENCE South 11° 30' 44" East a distance of 150.80 feet to the East line of the Northeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation #2 is 0.42 acres, more or less (±). PODTBURG ANNEXATION #3 A parcel of land being a portion of the West Half of Section Eighteen (18), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of the East Half of Section Thirteen (13), Township Four North (T.4N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00°02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00°02' 15" East along the East line of the Northeast Quarter of said Section 13 a distance of 780.56 feet to the POINT OF BEGINNING. THENCE North 02° 15' 22" East a distance of 749.63 feet to the intersection of the Easterly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46; THENCE South 00° 02' 15" East along the Westerly Right of Way line of said Weld County Road 13 a distance of 750.00 feet; THENCE South 00° 32' 02" West a distance of 3001.06 feet to the East line of the Southeast Quarter of said Section 13; THENCE North 00° 36' 41" West a distance of 3002.53 feet to the Westerly Right of Way line of said Weld County Road 13; THENCE North 00° 02' 15" West a distance of 750.00 feet to the intersection of the Westerly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46, said point also being the Southwesterly corner of Maplewood Acres Annexation to the Town of Johnstown recorded March 25, 2009 as Reception No. 3612645 in the Records of Weld County; THENCE South 02° 19' 35" East a distance of 751.10 feet to the East line of the Northeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation #3 is 2.58 acres, more or less (±). PODTBURG ANNEXATION #4 A parcel of land being a portion of the West Half of Section Eighteen (18) and the Northwest Quarter of Section Nineteen (19), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of the East Half of Section Thirteen (13) and the North Half of Section Twenty-four (24), Township Four North (T.4N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00°02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00°02'15" East along the East line of the Northeast Quarter of said Section 13 a distance of 2647.90 feet to the East Quarter Corner of Section 13; THENCE South 00°02'29" East along the East line of the Southeast Quarter of said Section 13 a distance of 1134.55 feet to the POINT OF BEGINNING. THENCE North 00° 32' 02" East a distance of 3001.06 feet to the Easterly Right of Way line of Weld County Road 13; The following Three (3) courses are along the Easterly Right of Way lines of Weld County Road 13. THENCE South 00° 02' 15" East a distance of 1866.36 feet; THENCE South 00° 02' 29" East a distance of 2648.03 feet; THENCE South 00° 06' 39" West a distance of 1324.43 feet; THENCE South 89° 43' 17" West a distance of 2680.42 feet to the Northeast Corner of Northmoor Acres Second Filing recorded March 20, 1972 as Reception No. 1585866; The following Ten (10) courses are along the Easterly, Southerly, and Westerly lines of Tract D-1 of said Northmoor Acres Second Filing: THENCE South 00° 06' 15" West a distance of 13.89 feet to the Southeast Corner of said Tract D-1 THENCE North 89° 44' 34" West a distance of 152.81 feet; THENCE South 88° 54' 36" West a distance of 68.31 feet; THENCE South 88° 58' 33" West a distance of 351.36 feet; THENCE South 88° 41' 39" West a distance of 225.35 feet; THENCE South 89° 11' 58" West a distance of 121.90 feet; THENCE South 89° 47' 15" West a distance of 155.18 feet; THENCE South 89° 38' 59" West a distance of 451.60 feet; THENCE South 89° 26' 24" West a distance of 423.45 feet; THENCE South 89° 05' 24" West a distance of 649.81 feet to an Easterly line of Wilson Ranch Annexation to the Town of Berthoud recorded April 23, 2004 as Reception No. 3173568; The following Four (4) courses are along the Easterly lines of said Wilson Ranch Annexation: THENCE North 00° 03' 04" East a distance of 43.07 feet; THENCE South 89° 56' 54" West a distance of 20.00 feet; THENCE North 00° 03' 04" East a distance of 1331.68 feet to the North line of the Northwest Quarter of Section 24; THENCE North 00° 03' 04" East a distance of 30.00 feet to the Northerly Right of Way of Weld County Road 44; THENCE North 89° 55' 24" East along said Northerly Right of Way line of Weld County Road 44 a distance of 2620.33 feet to the West line of the Southeast Quarter of said Section 13; THENCE North 00° 02' 05" West along said West line a distance of 857.85 feet to the Southwest corner of Lot B of Recorded Exemption No. 1061-13-4 RE -3863; The following Seventeen (17) courses are along the Southerly lines of Lot B of Recorded Exemption No. 1061-13-4 RE -3863 recorded October 18, 2004 as Reception No. 3228383 of the Records of Weld County: THENCE South 79° 11' 49" East a distance of 251.09 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 92.52 feet, said curve has a Radius of 115.39 feet, a Delta of 45° 56' 32", and is subtended by a Chord bearing North 77° 50' 10" East a distance of 90.07 feet to a Point of Tangency; THENCE North 54° 51' 44" East a distance of 181.87 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southeast a distance of 144.05 feet, said curve has a Radius of 124.38 feet, a Delta of 66° 21' 24", and is subtended by a Chord bearing North 88° 02' 19" East a distance of 136.13 feet to a Point of Tangency; THENCE South 58° 46' 59" East a distance of 133.41 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 115.53 feet, said curve has a Radius of 193.24 feet, a Delta of 34° 15' 17", and is subtended by a Chord bearing South 75° 54' 49" East a distance of 113.82 feet to a Point of Return Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 285.43 feet, said curve has a Radius of 753.31 feet, a Delta of 21° 42' 34", and is subtended by a Chord bearing South 82° 11' 10" East a distance of 283.73 feet to a Point of Return Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 378.03 feet, said curve has a Radius of 800.39 feet, A Delta of 27° 03' 40", and is subtended by a Chord bearing South 84° 51' 55" East a distance of 374.53 feet to a Point of Return Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 179.58 feet, said curve has a Radius of 171.12 feet, a Delta of 60° 07' 42", and is subtended by a Chord bearing South 68° 19' 54" East a distance of 171.45 feet to a Point of Tangency; THENCE South 38° 16' 02" East a distance of 117.93 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 58.61 feet, said curve has a Radius of 231.16 feet, a Delta of 14° 31' 38", and is subtended by a Chord bearing South 45° 31' 53" East a distance of 58.45 feet to a Point of Tangency; THENCE South 52° 47' 41" East a distance of 176.69 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 107.69 feet, said curve has a Radius of 183.32 feet, a Delta of 33° 39' 29", and is subtended by a Chord bearing South 69° 37' 20" East a distance of 106.15 feet to a Point of Tangency; THENCE South 86° 27' 04" East a distance of 88.57 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 131.99 feet, said curve has Radius of 937.08 feet, a Delta of 08° 04' 13", and is subtended by a Chord bearing North 89° 30' 49" East a distance of 131.88 feet to a Point of Return Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 359.49 feet, said curve has a Radius of 498.28 feet, a Delta of 41° 20' 12", and is subtended by a Chord bearing South 73° 51' 12" East a distance of 351.74 feet to a Point of Tangency; THENCE South 53° 11' 05" East a distance of 63.29 feet to the Westerly Right of Way line of Weld County Road 13; THENCE North 00° 02' 29" West along said Westerly Right of Way line a distance of 2333.22 feet; THENCE North 00° 02' 15" West continuing along said Westerly Right of Way line a distance of 1867.83 feet; THENCE South 00° 36' 41" East a distance of 3002.53 feet to the East line of the Southeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation #4 is 212.76 acres, more or less (±). PODTBURG ANNEXATION #5 A parcel of land being a portion of the West Half of Section Nineteen (19) and the Northwest Quarter of Section Thirty (30), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of Section Twenty-four (24) and the Northeast Quarter of Section Twenty-five (25), Township Four North (T.4N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00°02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00°02'15" East along the East line of the Northeast Quarter of said Section 13 a distance of 2647.90 feet to the East Quarter Corner of Section 13; THENCE South 00°02'29" East along the East line of the Southeast Quarter of said Section 13 a distance of 2647.99 feet to the Southeast Corner of said Section 13: THENCE South 00°06'39" West along the East line of the Northeast Quarter of the Northeast Quarter of Section 24 a distance of 1324.59 feet to the Southeast Corner of the Northeast Quarter of the Northeast Quarter of said Section 24 and to the POINT OF BEGINNING. THENCE North 89° 43' 17" East a distance of 30.00 feet to the Easterly Right of Way line of Weld County Road 13; The following Three (3) courses are along the Easterly Right of Way line of said Weld County Road 13. THENCE South 00° 06' 39" West a distance of 1324.80 feet; THENCE South 00° 06' 37" West a distance of 2649.04 feet; THENCE South 00° 06' 37" West a distance of 29.74 feet to the Easterly prolongation of the Southerly Right of Way line of Weld County Road 42; THENCE South 89° 36' 32" West along said Easterly prolongation of the Southerly Right of Way line of Weld County Road 42 a distance of 29.74 feet; THENCE South 89° 36' 32" West continuing along the Southerly Right of Way line of said Weld County Road 42 a distance of 2650.03 feet; THENCE North 00° 23' 48" West a distance of 30.00 feet to the South Quarter Corner of said Section 24; THENCE North 00° 06' 15" East along the Easterly line of Northmoor Acres Second Filing recorded March 20, 1972 as Reception No. 1585866 of the Records of Weld County a distance of 3964.93 feet to the Southeast Corner of Tract D-1 of said Northmoor Acres Second Filing; THENCE North 00° 06' 15" East continuing along the Easterly line of said Northmoor Acres Second Filing a distance of 13.89 feet to the Center -North Sixteenth Corner of said Section 24; THENCE North 89° 43' 17" East along the South Line of the North Half of the Northeast Quarter of said Section 24 a distance of 2650.42 feet to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation #5 is 246.49 acres, more or less (±). PETITION FOR ANNEXATION To the Town of Johnstown (Weld County) PODIBURG ANNEXATION PETITION #1-#5 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 on Exhibit A which is attached hereto and incorporated herein by this reference, located in the County of Weld and State of Colorado. and to be known as the Podtburg Annexation #1-#5 to the Town of Johnstown. In support of said Petition, your petitioners allege that: (I) It is desirable and necessary that the territory described on Exhibit A be annexed to the Town of Johnstown, Colorado. (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 he 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 he 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: (9) The area proposed to he annexed comprises more than ten acres and an impact report as provided in Section 31-12-105.5, CRS, as amended, is required. 110) The area proposed to he annexed is located within Weld County, Weld County School District RE -5J, Northern Colorado Water Conservancy District, Little Thompson Water District, Johnstown Fire Protection District, Aims Junior College District. and Weld County Library District, and no others; 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: Accompanying this Petition arc five (5) prints of the area proposed to be following information: (a) A written legal description of the boundaries of the area proposed to he 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; 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 alter 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; (14) The undersigned agree to the Ibllowing 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) Petitioner has tiled this Petition subject to the following conditions: (1) Concurrently with its approval of annexation of the Property, the Town Board: (a) approves zoning of the Property which is substantially consistent with the Zoning Application; and (h) approves and authorizes execution of the Annexation and Development Agreement. Its: (2) Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition if there is a legal challenge to an ordinance approving annexation of the Property, the Annexation and Development Agreement. or zoning of the Property by so notifying the Town Clerk in writing at any point prior to the later to occur of: (a) forty (40) days after the latest effective date of the final ordinance(s) approving annexation of the Property. the Annexation and Development Agreement, or zoning of the Property as requested pursuant to the Zoning Application; or (b) any later date contemplated in such Annexation and Development Agreement. (3) Prior to expiration of the period described in the foregoing subparagraph (2) without Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. (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. Except for the terms and conditions of this Petition and of the Annexation Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon annexation of the Property to the Town. (15) Petitioner represents that: (Check one) XNo 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 $ O.00 for publication costs. (Signature pages are attached.) 77� � r� EXECUTED this L6 day of fits. , 2030 PODTBURG DAIRY LIMITED PARTNERSHIP, LLLP, a Colorado limited liability limited partnership STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this 2 6 day of t --e . 2020. by 6/k6 ( Di , as Ott)/Jet. of Podtbutrg Dairy Limited Partnership, a Colorado limited liability limited partnership. Witness my hand and official seal. By: ELIZABETH DOUCETTE Notary Public - State of Colorado Notary ID 20044029064 My Commission Expires Oct 12, 2020 _13 Randall Knutson, as duly authorized attorney -in -fact for Mary M. Knutson STATE OF COLORADO COUNTY OF (A 2E! D ) ) ss. Notary Public My Commission Expires: l 0/1) z 4,20 The foregoing instrument was acknowledged before me thisday of ? hI 2020, by Randall Knutson, as attorney -in -fact for Mary M. Knutson. Witness my hand and official seal. 4 My Commission Expires: /0 Notary Public ELIZABETH DOUCETTE Notary Public - State of Colorado Notary ID 20044029064 My Commission Expires Oct 12, 2020 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 —1 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 Gl.� Circulator The foregoing Affidavit of Circulator -+teas subscribed and sworn to before me this --,2:(Y day of Y( be , ` , 2020, by Witness my hand and official seal. ELIZABETH DOUCETTE Notary Public - State of Colorado Notary ID 20044029064 y Commission Expires Oct 12, 2020 Notary Public My Commission Expires: FODTBIRG ANNEXATION #1 A parcel of land being a portion of the Northwest Quarter of Section Eighteen (18), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of the Northeast Quarter of Section Thirteen (13), Township Four North (T.4N.). Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld. State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00°02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00°02'15" East along the East line of the Northeast Quarter of said Section 13 a distance of 30.04 feet to a Southerly line of Maplewood Acres Annexation to the Town of Johnstown recorded March 25. 2009 as Reception No. 3612645 in the Records of Weld County and to the POINT OF BEG INNING. THENCE South 87" 11' 22" East a distance of 30.04 feet to the intersection of the Easterly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46; THENCE South 11° 32' 58" West a distance of 149.36 feet to the East line of the Northeast Quarter of said Section 13; THENCE North 11° 30' 4-0" West a distance of 159.80 feet to the intersection of the Westerly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46, said point also being the Southwesterly corner of said Maplewood Acres Annexation to the Town of Johnstown; THENCE North 89° 54' 46" East along a Southerly line of said Maplewood Acres Annexation a distance of 30.00 feet to the East line of the Northeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation #1 is 0.10 acres, more or less (±). PODTBURG ANNEXATION #2 A parcel of land being a portion of the Northwest Quarter of Section Eighteen (18), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of the Northeast Quarter of Section Thirteen (13), Township Four North (T.4N.), Range Sixty-eight West (R68W.), Sixth Principal Meridian (6th P.M.). County of Weld. State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00°02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00°02' l5" East along the East line -of the Northeast Quarter of said Section 13 a distance of 177.85 feet to the POINT OF BEGINNING. THENCE North 11' 32' 58" East a distance of 149.36 feet to the intersection of the Easterly Right of Way of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46:; THENCE South 02° 15' 22" West a distance of 749.63 feet to the East line of the Northeast Quarter of said Section 13; THENCE North 02' 19' 35" West a distance of 751,10 feet to the intersection of the Westerly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46, said point also being the Southwesterly corner of Maplewood Acres Annexation to the Town of Johnstown recorded March 25, 2009 as Reception No. 3612645 in the Records of Weld County; THENCE South 11" 30' 44" East a distance of 150.80 feet to the East line of the Northeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podthurg Annexation t?2 is 0.42 acres, more or less (a), PODTBURG ANNEXATION #3 A parcel of land being a portion of the West Half of Section Eighteen (18), Township Four North (TAN.), Range Sixty-seven West (R.67W.) and a portion of the East Half of Section "Thirteen (13), Township Four North (T.4N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00°02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00°02'I5" East along the East line of the Northeast Quarter of said Section 13 a distance of 780.56 feet to the POINT OF BEGINNING. THENCE North 02° 15' 22" East a distance of 749.63 feet to the intersection of the Easterly' Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46; THENCE South 00° 02' 15" Fast along the Westerly Right of Way line of said Weld County Road 13 a distance of 750.00 feet: THENCE South 00' 32' 02" West a distance of 3001.06 feet to the East line of the Southeast Quarter of said Section 13; THENCE North 00° 36' 41" West a distance of 3002.53 feet to the Westerly Right of Way line of said Weld County Road 13; THENCE North 00° (12' 15" West a distance of 750.00 feet to the intersection of the Westerly Right of Way line of Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46, said point also being the Southwesterly corner of Maplewood Acres Annexation to the Town of Johnstown recorded March 25.2009 as Reception No, 3612645 in the Records of Weld County; THENCE South 02° 19' 35" East a distance of 751.10 feet to the East line of the Northeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation it3 is 2.58 acres, more or less (±). PODTBURG ANNEXATION #4 A parcel of land being a portion of the West Half of Section Eighteen (18) and the Northwest Quarter of Section Nineteen (19), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of the East Half of Section Thirteen (13) and the North Half of Section Twenty-four (24), Township Four North (T.4N.), Range Sixty - State of Colorado: s R.68W.). Sixth Principal Meridian (6th P.M.), County of Weld, COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00"02'15" East a distance of 2647.90 feet with all other bearings contained herein relative thereto: THENCE South 00'02' l5" East along the East line of the Northeast Quarter of said Section 13 a distance of 2647.90 feet to the East Quarter Corner of Section 13; THENCE South 00°02'29" East along the East line of the Southeast Quarter of said Section 13 a distance of 1134.55 feet to the POINT OF BEGINNING. THENCE North 00° 32' 02" East a distance of 3001.06 feet to the Easterly Right of Way line of Weld County Road 13; The following Three (3) courses are along the Westerly Right of Way lines of Weld County Road 13. THENCE South 00" 02' 15" East a distance of 1866.36 feet; THENCE South 00' 02' 29" East a distance of 264803 feet; THENCE South 00° 06' 39" West a distance of 1324.43 feet; THENCE South 89° 43' 17" West a distance of 2681).42 feet to the Northeast Corner of Northmoor Acres Second Filing recorded March 20, 1972 as Receptk i No. 1585866; The following Ten (10) courses are along tie Easterly, Southerly, and Westerly lines of Tract D-1 of said Northmoor Acres Second Filing: THENCE South 00" 06' 15" West a distance of 13.W feet to the Southeast Corner of said Tract D-1 THENCE North 89° 44' 34" West a distance of 152.81 feet; THENCE South 88° 54' 36" West a distance of 68.3"1 feet; THENCE South 88° 58' 33" West a distance of 35136 feet: THENCE South 88° 41' 39" West a distance of 22535 feet; THENCE South 89° 11' 58" West a distance of 121.90 feet; THENCE South 89° 47' 15" West a distance of 155_18 feet: THENCE South 89° 38' 59" West a distance of 451.60 feet;; THENCE South 89° 26' 24" West a distance of 423.45 feet: THENCE South 89° 05' 24" West a distance of 649.81 feet to an Easterly line of Wilson Ranch Annexation to the Town of Berthoud recorded April 23, 2004 as Reception No. 3173568; The following Four (4) courses are along the Easterly lines of said Wilson Ranch Annexation: THENCE North 00° 03' 04" East a distance of 43.07 feet; THENCE South 89° 56' 54" West a distance of 20.(110 feet; THENCE North 00" 03' 04" East a distance of 1331.68 feet to the North line of the Northwest Quarter of Section 24; THENCE North 00° 03' 04" East a distance of 30.10 feet to the Northerly Right of Way of Weld County Road 44; THENCE North 89° 55' 24" East along said Northerly Right of Way line of Weld County Road 44 a distance of 2620.33 feet to the East line of the Southeast Quarter of said Section 13; THENCE North 00° 02' 05" West along said East line a distance of 857.85 feet to the Southwest corner of Lot B of Recorded Exemption No. 1061-13-4 RE 3863; The following Seventeen (17) courses are along the Southerly lines of Lot B of Recorded Exemption No. 1061-13-4 RE -3863 recorded October 18, 2004 as Reception No. 3228383 of the Records of Weld County: THENCE South 79° 11' 49" East a distance of 251.09 feet; THENCE along the arc of a curve concave to the Northwest a distance of 92.52 feet, said curve has a Radius of 115.39 feet, a Delta of 45° 56' 32", and is subtended by a Chord bearing North 77° 50' 10" East a distance of 90.07 feet; THENCE North 54° 51' 44" East a distance of 181.87 feet; THENCE along the arc of a curve concave to the Southeast a distance of 144.05 feet. said curve has a Radius of 124.38 feel a Delta of 66° 21' 24", and is subtended by a Chord bearing North 88° 02' 19" East a distance of 136.13 feet; THENCE South 58° 46' 59" East a distance of 133.41 feet; THENCE along the arc of a curve concave to the Northeast a distance of 115.53 feet, said curve has a Radius of 193.24 feet, a Delta of 34° 15' 17", and is subtended by a Chord bearing South 75° 54' 49" East a distance of 113.82 feet; THENCE along the arc of a curve concave to the Southwest a distance of 285.43 feet, said curve has a Radius of 753.31 feet, a Delta of 21° 42' 34", and is subtended by a Chord bearing South 82° IF 10" East a distance of 283.73 feet; THENCE along the arc of a curve concave to the Northeast a distance of 378.03 feet. said curve has a Radius of 800.39 feet, A Delta of 27" 03' 40", and is subtended by a Chord bearing South 84° 51' 55" East a distance of 374.53 feet: THENCE along the arc of a curve concave to the Southwest a distance of 179.58 feet, said curve has a Radius of 171.12 feet, a Delta of 60° 07' 42", and is subtended by a Chord bearing South 68° 19' 54" East a distance of 171.45 feet; THENCE South 38° 16' 02" East a distance of 117.93 feet; THENCE along the arc of a curve concave to the Northeast a distance of 58.61 feet, said curve has a Radius of 231.16 feet, a Delta of 14' 31' 38", and is subtended by a Chord bearing South 45° 31' 53" East a distance of 58.45 feet; THENCE South 52° 47' 41" East a distance of 176.69 feet; THENCE along the arc of a curve concave to the Northeast a distance of 107.69 feet, said curve has a Radius of 183.32 feet, a Delta of 33° 39' 29", and is subtended by a Chord hearing South 69° 37' 20" East a distance of 106.15 feet: THENCE South 86' 27' 04" East a distance of 88.57 feet; THENCE along the arc of a curve concave to the Northwest a distance of 131.99 feet, said curve has Radius of 937.08 feet, a Delta of 08' (14' 13", and is subtended by a Chord hearing North 89° 30' 49" East a distance of 131.88 feet; THENCE along the arc of a curve concave to the Southwest a distance of 359.49 feet, said curve has a Radius of 498.28 feet, a Delta of 41° 20' 12", and is subtended by a Chord bearing South 73° 51' 12" East a distance of 351.74 feet; THENCE South 53° 11' 05" East a distance of 63,29 feet to the Westerly Right of Way line of Weld County Road 13; THENCE North 00" 02' 29" West along said Westerly Right of Way line a distance of 2333.22 feet; THENCE North 00° 02' 15" West continuing along said Westerly Right of Way line a distance of 1867.83 feet; THENCE South 00° 36' 41" East a distance of 3002.53 feet to the East line of the Southeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation 1/4 is 212.76 acres, more or less (a). PODTBURG ANNEXATION #5 A parcel of land being a portion of the West Half of Section Nineteen (19) and the Northwest Quarter of Section 'thirty (30), Township Four North (T.4N.), Range Sixty-seven West (R.67W.) and a portion of Section Twenty-four (24) and the Northeast Quarter of Section Twenty-five (25), Township Four North (T.4N.). Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.). County of Weld. State of Colorado: COMMENCING at the Northeast Corner of said Section 13 and assuming the East line of the Northeast Quarter of Section 13 as bearing South 00`02'15" East a distance of 2647.90 feet with all other hearings contained herein relative thereto: THENCE South 00°02'15" East along the last line of the Northeast Quarter of said Section 13 a distance of 2647.90 feet to the East Quarter Corner of Section 13; THENCE South 00°02'29" East along the East line of the Southeast Quarter of said Section 13 a distance of 2647.99 feet to the Southeast Corner of said Section 13: THENCE South 00°06'39" West along the East line of the Northeast Quarter of the Northeast Quarter of Section 24 a distance of 1324.59 feet to the Southeast Corner of the Northeast Quarter of the Northeast Quarter of said Section 24 and to the POINT OF BEGINNING. THENCE North 89° 43' 17" East a distance of 30.00 feet to the Easterly Right of Way line of Weld County Road 13; The following Three (3) courses are along the Easterly Right of Way line of said Weld County Road 13. THENCE South 00° 06' 39" West a distance of 1324.80 feet; THENCE South 00° 06' 37" West a distance of 2649.04 feet; THENCE South 00° 06' 37" West a distance of 29.74 feet to the Easterly prolongation of the Southerly Right of Way line of Weld County Road 42; THENCE South 89° 36' 32" West along said Easterly prolongation of the Southerly Right of Way line of Weld County Road 42 a distance of 29.74 feet; THENCE South 89° 36' 32" West continuing along the Southerly Right of Way line of said Weld County Road 42 a distance of 2650.03 feet: THENCE North 00° 23' 48" West a distance of 30.00 feet to the South Quarter Corner of said Section 24: THENCE North 00° 06' 15" Fast along the Easterly line of Northmoor Acres Second Filing recorded March 20, 1972 as Reception No. 1585866 of the Records of Weld County a distance of 3964.93 feet to the Southeast Corner of Tract D-1 of said Northmoor Acres Second Filing; THENCE North 00° 06' 15" East continuing along the Easterly line of said Northmoor Acres Second Filing a distance of 13.89 feet to the Center -North Sixteenth Corner of said Section 24; THENCE North 89° 43' 17" East along the South Line of the North Half of the Northeast Quarter of said Section 24 a distance of 2650.42 feet to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Podtburg Annexation il5 is 246A9 acres, more or less (1). (00802356.DOCXi I I 5 • 8 A,;The Johnstown Breeze LEGAL NOTICES Thursday, October 1, 2020 TOWN OF JOHNSTOWN PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that a petition for Annexation of territories here- inaPoer desenbed as:Podtburg Annexation has been presenied:to the Town Council of Jthnstovm, .Colorado end found. to be in apparent compliance with the applicable previsions of law aid (he Town Cbunct has adopted a Resolutionto seta pubic hear- ing to be held at 7:00 p.m. on Monday, No- vember 2, 2020 in the Cooled Chambers of the Town of Johnstown, 450 South Par- isli, Johnstown, Colorado to -determine if the proposed annexato'n compiles with the applicable requirements of law. The peti- tion also includes a request for zoning to PUD-MU (Pla-nned Unt Development '•-• Mixed Use). The Resolution adopted bythe Town Council for such purposes Is In words,.le-. tars and figures as follows: TOWN OF JOHNSTOWN • •RESOLUTION NO.2020-27 WHEREAS, the Town of Johnstown, Colorado ("Town") Is a home rule unlo rt du& organizeedd and mesodd- ing under the laws of the State of Colora- do sodtheTown's Home Rule Charter; and WHEREAS, the Town Council is vest • ed with authonlyte adrlhbitsterthe affairs of: the Towin and . . WHEREAS an.or abort Febrnrery 28: . • 2020 the Podtburg Dairy Limned Perbner- ship, LLLP, a Coloradulimited Lability part . ner5Np. and Maty klUniban, an.ihdield- usl, submitted. Petition forAnnexation Nos. • { 1.6 Mallon :for• Annexation") with the, - Town; and WHEREAS,.theTOWn CouixO hes re- viewed the Petition for Annexation, and'... finding subsantal...compliance asset forth - below::.deshes to Initiate .annexation pro- oead<dge1n•accordance:WIth the law and... seta:publbhearing. _.. -' . NOW, THEREFORE, - BE IT RE- SOLVED BY THE TOWN COUNCIL OF THE TOWN OF JOHNSTOWN, COLORA- DO,QNAll . , . Section. 1. The Town .Council finds . that the Pettish for Annexation of certain property situated In parts &Sector 18, 19, • 30 Township 4 NOM,- 87 West end Section 13,-24, 25 of Township 4 North, Range 68 West of thie'6th :P.M., County. ef Wdd; Saie of Colorado, consisting of ap- prmdmatey'482.35 acres, being mole par- tcuteiy descrtxed onExhb(tA, which is a- tached-hereto and Incorporated herein by ' this'referemre, filed with ihhe Town Clerk on or about Febiva x28, 2020, to be renown as "The Podhurg Annexation," is In substan- tial comftiaroe With C.R:S.§31-1$107(1), and that a public hearing should be held to determine tithe proposed annexation cone (18), Township Four North (TAN.), Range Sbdy-seven West (R.67W.) mW a portion of the Northeast Quarter of Section Thfrteen (13), Township Four North (AN.), Range Sbcty-eight West (R68W.), Sbdh Prndpel Meridian (6th P.M.), County of Weld, State ofColorado: COMMENCING at the Northeast Cor- ner of said Section 13 and assuming -the East line of the Northeast Quarter of Sec- tion 13 as bearing South 00'02'15' East a distance of.2647.90 feetvAth ell other bear- ings contained herein relative thereto: - THENCE South 00°0715" East along the -East line of the Northeast Quarter of said Section 13 a distance of 30.04 feet to a Southerly One of Maplewood Acres Annexation to the Town of Johnstown re- corded March 25, 2009 as Reception No. 3612645 In the, Records of Weld County and to the POINT OF BEGINNING. • THENCE South 87 11'22' Fast a die- tance of 30.04 feetto the EasMdy Right Ofintersection Way line of Weld Coun- ty Road 13 andthe Southerly Right of Way Me of Weld County Road 46; THENCE South 11'3x58" Waste dis- tance of 149.36 feet to the East tne.ofte Northeast Quarter of said Secton•13; THENCE North • 11' 30' 44" - West a• distance of 1x-0.80 feet to the intersection -Of the esterly Rghfof Way line of Weld County_Road 13 and the Southerly Right of Way line r# Weid Cautty,Rced•46, said aisgbairg tle'Southweatadycorner 'of said MapleWoodAcres•Anrtecetion to the Town OObhnettowic '. - . , THENCE'North 89' 54'48' East along • a Southerly. the of said. Maplewood Acme Annexation a distance of 30.00 feet to the line of the Noittfeae'Quarter of said .Section -13 and to the POINT OF BEGIN- , NINE. • .. , .. TOTALANNEXED AREA for the Pod- • hem AnneXatlon #1 is•0.lo aces mote lr iaea (tit•• ; PODTBURGANNEXATION?2. - ' A panel of lend being a portion 01he Northwest Quarter of_ Section Eighteen 18(81 Township. Four -North (T.4N:), Range Sbdy en West (R.67W.) and a portion of the Ndrfheasi Quarter of Sedioh Thirteen (13), Township Four North .(T.4N ) Range • Stay eight' West (R.68W), Sixth Principal Meridian (6th RM:),•County of Weld, Sate &Colorado: .. • COMMENCING at the Northeast Cow ner of said' Section 13 and assuming the East line of the Northeast Quarter of Seca ton 13 as bearing Sotith00°0715' East a distance of 2647.90 feet with all Other beat'; Inge contained herein relative thereto: THENCE South 00°02'15' East along the East line of the Northeast Quarter of said Section 13 a distance of 177.85feet tg the POINT OF BEGINNING. • said Section 13 a distance 0.760.56 feet to the POINT OF BEGINNING.- THENCE Nodh•'02° 15' 22' East a distance of 749.63 feet to the lntereecdion of the Easterly Right of Way line of Weld County Road 13 aid the Southerly Right of Way idle of Weld County Road 46; • . THENCE South 00' 02' 15'.Eaat along the Westerly Right of Way line of said Weld County Road 13 a distance bf 750.00 feet THENCE 'South 00° 37 02' West a distance of 3001.06 feet to the East tine of the Southeast Quarter ofsaki Section 13; THENCE North 00' 36'41' West re dis- tance of 4rvn tetto the Westerly Right of Way She of said Weld County Road 13; • THENCE North 00° 02' 15' West a distance of 750:00 feet to the intersection of the Westerly.Rlg t of Way Tme of Weld Cof unty Way Southerly Right Weld County 46, -s ,point also • being the Southwesterly- cor- ner of Maptehcd Acres Annexation to the Town of Johnstown recorded March 25, 2009 as Reception No. 3612645 in the Re- •aof Weld THENCE � 19'35" East a dis- tance of761.10 feet to the East line 0 the Northeast Quarter of said Section 13 and to the POINTOF BEGINNING: - TOTALANNE_ XEDAREAforthePodt- burgAnnexation #3 Is 2.58 acres, more or less (t). • .. - PODTENnesm NEXATION #4 A parcel of land being a portion of the West Half of Section Eiighteen. (18) and to Northwest Quarter of .Section edneaerh (19); Townahip'Four North (TAN.), Range Shay -eleven West of the East Half -of Section Thirteens end a portion and the North Half of Section Twenty-four (24); Township Four North *(T.41.4.), Range Sixty-eight West Meriden (68xM.t), County of Weld, of Colorado:. ' COMMENCING at the Northeast Cor- raw 0' said Section 13 and assuming the East line of the Northeast Quarter of Sec- tion 13 as tearingSouth 00'0715' East a distance of 2647,90 feet with all other bear- ings contained herein relative thereto: THENCE South 00'02'15." East along the'East.line of the Northeast Quarter of Said Section 13 a distance. of2647.90 feet to the East Quarter Comer of Section 13; THENCE South 00'S729' East along the East line of the Southeast Quarts.& said Section 13 a distance of 1134.55 feet to the POINT.OF BEGINNING. THENCE North 00' 32' 02' East a dis- tance of 3001.06feet to the Easterly Right of Way One &Weld County Road 13; The following These (3) courses are Weld County Road 13• Right of Way cones of THENCE South 00"02' 15' Fast a die - distance of 20.00 feet THENCE North 00° 03' 04' East a dis- tends of 1331.68 Met to the North line of the Northwest Quarter ofSeddon 24; - THENCE North 00° 03'04' East a des- tance 030.00 feet to the Northerly Right of Way of Wald County Road 44; THENCE North 89° 55' 24' East along said Northerly Right of Way One of Weld County Road 44 a distance of 2620.33 feet to the Weedin a ofthe Southeast Quarter of said Section 13; THENCE North 00° 02' 05' West along said West line a distance of 657.85 feet to the Southwest corner of Lot B of Recorded Exemption No. 106143-4 RE -3863; The following Seventeen (17) cours- es are along the Southerly lines of Lot B of Recorded Exemption No. 1081-13-4 RE - 3863 recorded October 18, 2004. as Re- ception No. 3228383 of the Records of Weld County:. THENCE South 79° 11' 49' East a dis- tance of 251.09 feet to a Point of Curve- HENCE along the arc ofa curve con- - cave to the Northwest a distance of 92.52 feet, said crave has a Radius of 115.39 feet, a Delta of 45° 56' 32', and is subtend- ed by a Chord bearing North 77 5617 East a distance of 90.07 feet to a Point of TangTHENCE North 54' 51'44' East a dis- tance of 181.87 feet to a Point of Curva- ture; • THENCE along the arc Of egxrvectin- - cave to the Southeast a distance 0144.05 feet, *sai curve has a Radius 0 124.38 Met, a Delta of 65' 21'24', and is subtend- ed by a Chord bearing North 88'.07 19" East a distance of 136.13 feet to a Pokt of Te THENCE South 58°46' 59' Fast a dis- tance of 133.41 feet to a Point of Curva- ture; THENCEslong the arc Oa curve con- cave to the Northeast a distance 0115.53. feet, said curve has a Radius of 19324, feet, a Delta 34' 1517', end is subtend- ed by a Ctwnd bearing South 75' 54' 49' East a distance of 113.82 feet to a Point of Return Curvature; THENCE.along the arc of a curve con- cave to the Southwest a distance of 285.43 feet, said curve has a Radius of 753.31 ' Met, a Delta of 21° 4734', end is subtend- ed ,by a Chord bearing South 82° 11' 10' East a dstahce 0f 283.73 feet to a Point of Return Curvature; THENCE along the arc of a aunts con- cevek,the Northeast s distance 0378.03 feet, said curvehas a Radius of 800.39 feed�by eeDelta ,Chord bearing South 5 84°' 5 55' East a distance of 374.53 feet to a Point of Return Curvature; of Tangency; - . THENCE South 53' 11' 05' East a'dle- tance of 6329feet the Westerly Right of Way tine of Weld County Road 13; 'THENCE North 00' 0729' West along Said Westerly Right of Way line a distance 073.43 9li feet THENCE North00' 0715' West continuing along said Westerly Right of Way 8ne.a distance 01867.63 feet THENCE South 00° 36'41' East a dis- tance of 300753 feet to the East line ofthe Southeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANNEXED AREAfor the Pod- burg Amexadon 1f4 IS 212.76 acres, more or less (t). PODTBURG ANNEXATION 05' A parcel of laid being a portion of the West Half of Seddon. Nineteen (19) and the Northwest Quarter of Section •TTM ty(30),), Township � y -seven West (R67W.) and aportion of • Section Twenyrfour (24) arid the Northeast Quarter of Section Twenty-five (25). Township Four North (T.4N.), Range �.eght West (R.68W), Sixth Principal . n (6th P.M.), County of Weld, State of Colorado: COMMENCING at the Northeast Cor- ner of said Section 13 and assuming the East line of the Northeast Quarter of Sec- tion 13 as bearing South 00°0715' East a distance 02647.90 feetwfth all otherbear- trgs:conmbhed herein relative thereto: THENCE South 00°02'15' East along the East line of the. Northeast Quarter of said Section 13 a distance 02647.90 teat to the East Quarter Corner ofSeclon 13; THENCE South 00°02'29' East along the East the of the Southeast Quarter of said Section 13 a distance 02647.99 feet to the Southeast Corner ofstud Section 13: THENCE South 00°06'39' West along the East line of the Northeast Quarter of the Northeast Quarter of Section 24 a die- anre of 1324.59 feet to the Southeast Cor- ner of the Northeast Quarter of the North- east Quarter of said SodiOn24 end to the POINT OF BEGINNING. THENCE North 89°43' 17 East a dis- tance 0 30.00 feet to the Easterly Right 0 Way One of.Weld County Road 13; The following Three (3) courses are along the Easterly Right of Way One of saki Weld County Road 13. THENCE South 00' 06' 39' West a distance of 132480 feet THENCE South 00' 06' 37' West a distance of 2649.04 feet THENCE South 00' 06' 37' West a distance of 29.74 feet to the Easterlypm- longaton ofthe Southerly Right of Way One of. Weid County Road 42; • THENCE South '89° 36' 32" west along said Easterly prelorgatign of the Southerly Right of Way line of Weld County Town; and WHEREAS, ihnTown'Couhcl hag re- viewed the Petition for Annexation, and finding substantialccmplence.as yet forth beldw, desires to initiate annexation pro- wading: In addardahca with the law•aad- set e.pubtichearing. • ' NOW THEREFORE, BE' Fr RE- SOLVED BY THE TOWN COUNCIL Oi: THE TOWN OF JOHNSTOWN, COLORA- Section 1. The Town.Councl finds that the Petition for Annexation Of certain property situated in pas of Section 18,19, 30 Township 4 NOW Range 67 Wait and Sedloo 13, 24,25 of Township 4 North, Range 68 West.of the 6th. P.M., County of Weld.•Stata of Colorado, consisting of ap- prox4reisly-462.35 aass, being more par- ticularly described an EntlbitA, which is at- tached hereto and incorporated herein by tnisreference, tiled with the Town Clerk on oragout February28; 2020, to be known as "The: Podthurg Annexation, Is In substan- tial compliance with C.R.S.§31-12-1071), and that a pubic hearing should be held to determine lithe proposed annexation cats plias: wit h Q,RB. §§31-12104 end required 31-12- 1ee3 ursuchsh be to elig pursuant to the Municipal Annexation' Act of 1965, CRS. §31-12-101,dug. Section 2. The Town Council here-, by setts' hearing for such purpos- es for November 2, 2020. at 7:00 p.m., at 450 South Parish Avenue, Johnstown, Col- orado. Section 3. The Town Clerk ale8lpub- Fah notice of the hewing once per week for four (4) consecutive weeks in the John- stown Breeze, with the fret I ublleatbn of least thirty (30) days prior to the dale of the hearing. The Town Clerk steel also send a copy dthe published notice, together witty a copy of this Resolution and the Petition for Annexation, by registered mall to the Weld County Board of County Commis atones and to the Weld County Attorney and to any special district or school die tot having territory wltdn the area -to be an- nexed at least twenty-five (25) days prior to the date find for such hearig. Section 4. This Resolution dial be effective on the date hereof. PASSED, SIGNED, APPROVED, AND ADOPTED THIS 21st day of Septem- ber, 2020. ATTEST: By: sir Diana Seale ' - By: s/s Gary Lebasck TOWN OF JOHNSTOWN, COLORADO Diana Sesta; Town Clerk Gary Lesbadt, Mayor EXHIBff "A" LEGAL DESCRIPTION PODTBURGANNEXATIONS1 A parcel of land beinga potion of the Northwest Quarter of Seddon Eighteen Annexation a distance of 30.00 feet to the .EH Ime`df the Wafted -Quarter of said .Section 13:and to the POINT OF BEGIN- NING . .. TOTALANNFxFD AREAfor the: Podt- �f tsnati ur #1 Ia:0.10 aces, rmraor . PQDTBURGANNEXATION:#2''- • Aparcel of lend tieing a portion rTthe Northwest Quarter of Section Eighteen 18)x. Township FourNortt (TAN.), Range • Ninth West(R.87WJQctiParka' of the. Quarter of Sectioo Ion Thirteen (13), Township Four North (TAN.). Rangy Sbdh. Principal Meridian 6th' P.M.), County of Weld, Slits of Colorado: . . • COMMENCING at the .Northeast Cor- nor of sad Section 13 and assuring the Fast line of the Northeast Quarter of Sad - lion 13 as bearing South -00°0217 East a datan a of 2647.90 feet with all Other bear- ings contained herein relativethe eto: THENCE South 00°02'15' East along the East line of the Northeast Quarter of said Section 13 a distance of 177.85festto the POINT OF BEGINNING. THENCE, North 11' 32' 58' Ehesta die: ,.thw,litternabitrOn of the Easterly Right of Way7srecif Weld County Road 13 and the Southerly Right of Way line of Weld County Road 46; THENCE South 02' 15' -22' West a distance of 749.63 feet bathe East line of the Northeast Quarter 4 said Section 13; • THENCE North 07 19'35' 'West a distance of 751.10 feet to the iitersectot of the. Weetaty Right of Way It he d• Weld County Road .13 end the Southerly Right of Way line of Weld County Road 48, said: . point -oleo-beig the. Southwesterly oohs nerof Maplewood AcresMneation to the Town of Johnstown' recorded March 25, 2009as No. 3612645 in the Re- gards of Weld County; • THENCE South 11' 30'44' East a diq• twice of 150.80 feet to the Eaat lne'4the Northeast Quarter of said Section 13 and to the POINT OF BEGINNING. TOTAL ANND® AREA for the Poet - burg Annexation #2 le 0.42 acres, more or less (t). PODTBURG ANNEXATION 69 A parcel of lend being a portion of the West Het of Section Eighteen (18), Town- ship Four North (TAN.), Range Sixty -sw- an West (R67W.) and a portion 41he East Half of Section Thirteen (13), Township Four North (TAN.), Range Shdy-elghtWest (R68W.), •Sixth -Principal Meridian (6th P.M.), County, of Weld. State olCdaadm COMMENCING at the Northeast Cor- ner. of said Section 13' and assuming the East line Of the Northeast Quarter of Sec- tion 13 as bearing South 00°0717 East a distance af2647.90 feet with all other bear- ings contained heroin relative thereto: • THENCE South 0O'0717 East along the East One of the Northeast Quarter of of the East Half of Section Thirteen (13) and the North Half of -Section 7We:Sy-four St> Sixty-eight Wesownship t (�R. W.) PdndRa� Meridian (6th.P.M.), County ofWeld, State of Colorado: • ' •COMMENCING at the Northeast Cor- ner of 'said Section 13 and assuming the. East line of the Northeast Quarter of Sec- tion 13 as bearing South 00°02'15' East a distance of2647 90 feetwlth all other bear- ings contained herein relative thereto: _THENCE South 00'0715" East along the East tine of the Northeast Quartet of Said Sectionn.13 a distance of 2647:90 feet to the East Quarter Corner of Section 18; THENCE South 00°02'29' East along the East line of the Southeast Quarterof add:Section 13 a distance of 1134.55 feet to the POINT.OF BEGINNING. THENCE North 00" 32' 02' East a dis- tance of 3001.06 feet to the Easterly Right 0( Way tine of Weld County Road 13; The following Three (3) courses are along the Easterly Right of Way lines of Weld County Road 13. • ' THENCE South 00'02' :i5" East a dis- tance of 1866.36 feet THENCE South 00° 02' 29' Eeste dis- tance o2648.03-eet THENCE South 00' 06' 3S' West a distance of 1324.43 feat THENCE South 89"- 43' 17" West a distance of 26880.42 feet to the 'Northeast Corner of Northnwnr Ai'rea.Secohd Filing recorded March 20. 1972 as Reception No. 1585888; The (plowing Ten (10) Courses are .along the Easterly, Southerly. and Wettady Ines of Tract o-1 of said NorthmoorAcres Second South 00° 08' 15" West a distance._ of 13.89 feet to the Southeast Corner of said Tract D-1 THENCE North 89' 44' 34' West a•distance of 162.81 feet THENCE South 88' 54' 37 West a distance of58.31 feet THENCE South 88" 58' 33' West a distance df351.36 feet. . ' . • T 8" 4 HENCE South 81' 39' West- a dhstanmea92538feet •. • THENCE Same 89° 11' 58' Westa diw.. taxoed12t90feet , , -. • THENCE South. 69' 4515' West. -;e distance 4T§5-18fe$.. ,. +. 3 ....THETIOEtSouth-89"'37 57-:14fesf,A distance of 46T:60 feet THENCth -87.26' 2a" Wegt .e. dlatartca-of E-,^Sou423.45 feet ' • "PHEN 89 OS 24'Wers a distance:0 feet to an Easterly •One' Of Wilson RanchAnnexation to the Town of Berthoud. decoded April 23;2004 as 'Re- ception No. 3173568; • • The foltowing Four {4) courses are .along -the Easterly tines of said Wilson Ranch An ne iedon: THENCE North 00' 03` 04'East adistanceof43.07feet ., THENCE South 89' 66' 54'• West a- eO by a chord bearing North 86'.02' 1t' East a distance of 136.13 feet to a Point 0(Tangency; • • • THENCE South 58°46' 59' Basta dis- tance of 133.41 feet to a Paint of Curva- ture; THENCE -along the am ofa carve con- cave to the Northeast a distance of 115.53. feel, said curve has a Redd of 193.24 feet, a Delta Of 34°15' 1T, -end is su),tetd- e t my a Chord bearing South 75' 54'. 49' East a distance of 113.82 feet to a Paint of Return Curvature; THENCE.along the ac ofa curve con- cave to the StiMavesta distance of 28543 feet, said curve has a Radius of 753.31 feet, a Delta of21° 4234", and is subtard- ed:by a Chord bowing South 82° 11' 10' East a distance of 283.73 feet to a Point of Return CrvaWre THENCE along the arc of a arve con - save to the Northeast a distance 4378.03 feet, said curve has a Radius of 800.39 feet;A Delta of27' 03'40", and is subtend ed bye Chord bearing South 84° 51' 57 East a distance of 374.53 feat to a Point of Return Curvature - 'THENCE along the arc of curve con- cave to the Southwest's distance of 179.58 feet, said curve has a Radius of 171.12 feet a Delta d60' OT 47, and is subtend- ed by -a Chord bearing South 68° 19' 64' Fast a dLsrarice of 171.45 feet to a Paint of Tangency; - THENCE South 38° 16'07 Baste dis- tance of 117.93 feet to a Point of Curve- , ve- THENCE along the am ofa curve con- cave to the Northeast a distance of 58.61 feet, said curve has a Radix. of 231.16 feet, a Delta af 14° 31'38', and is subtend- ed by a Chord bearing South 45° 31'63' East a distance of 56.45 feet to a Point of "'MICE South 52° 4T 41' East a dis- tance of 176.69 feet to a Point of Qtrva=, tea; - THENCE along the am of e curve con- cave to the Northeast a distance of 107.69 feet, said curve hes a Radius of 183.32 feet, a Della of 33' 39' 27, and is subtend- ed by a Chord bearing South 67 3T 20' Ear a distance' of 106.15 feet t a Point of Tangency;aTHENCE South 86' 27' 04' East a As - tams of 88.57 feet to a Point ocometae; THENCE along the are 0(a stave cos cave to the Northwest a distance of 131.99 feet, said curve hoe Radius of 937.08 feat- s Delta o08° 04' 13', and Is subtended by a'Chord bearing North 89' 30' 49' East a distance of 131.88 feet to a Point ofReturn raavalure; THENCE along the arc of a curve cony caveiO the Sou hwesterlttma of359.49 feet, said carve has a Radius •of 49828 eded by Choa Delta rdd4bearing South 73' 1and is '17 East a distance of 351.74 feet to a Point the East are of the SOUneest quarter or said Section 13 a distance of 2647.99 feet to the Southeast Corner of said Section 13: THENCE South 00°06"39' West along the East fine of the Northeast Quarter of the Northeast Quarter of Section 24 a dis- tance of 132459feettothe Southeast Cor- ner of the -Northeast Quarter of the North- east Quarter of said Section -24 and to the POINT OF BEGINNING. THENCE North 89' 4.3'17" East a dis- tance of30.00 feetto the Easterly Right of Way line of Weld County Road 13; • The following Three (3) courses ere along the Easterly Right of Way line of said Weld County Road 13. THENCE South 00' Of 39' West a distance of 1324:80 feet THENCE South 07 06' 37' West a • distance 42649.04 feet THENCE South 00° 06' 3T West a distance of 29.74 feet to the Easterly-pro-longation of the of County. Road 422; • RghtdWayfine THENCE . South 89° 36' 32' West along said Easterly prolongation of the Southerly Right of Way line of Weld County Road 42 a distance of 29.74 feet THENCE South 89° 36' 37 West con- tinuing along the Southerly. Right af Way 2ne of said Weld County Road 42 a dis- tance 0( 2650.03 feet • .• -B ENCE North 00'-23'48' West a dis- tance of 30.00 feet to the South Quarter Corner of said Section 24; THENCE North 00° 08' 17 East along 'the Easterly line of Northrncor Acres Second Fling recorded 'Martin 20,1072 as Reception No.1585866 of the Records of Weld County a distance of 3964.93 feet to the Soutfeest Corner Of Tract 0-1 osald NoithmoorAcres Second FaingThENCE North 00' 06' 15' East con- tinuing along the Easterly line of said Norl hmoorAmes Second Fling a distance of 13.89 feet to the Center -North Sbdeenth Comerofsaid Section 24; - - ThENCE North 89°43' 1T East along the South Line of the North Half of the Northeast Quarter of said Section 24 a dis- tance d2550A2 feet to the POINT OF BE- GINNING. TOTALANND®AREAforthe Podt- burg Anne atop #5 is 246.49 acres, more or less (t) Published In The Johnstown Breeze Octo- ber 1, 8,15,22, 2020 • NOTICE OF VACANCY Town of Milken—TFestse • The Town of Milken will be accepting atiplicallons for the position of Town Trustee. The position alga term will exp a with the nett Municipal Section tie- ing held in April 2022. Applicants must be See LEGALS on page 9 ANNEXATION IMPACT REPORT Podtubrg 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 has recently adopted a comprehensive plan to include the proposed property for annexation. With this information, it is understood that services for road maintenance, police protection, parks and recoreation and libaray services will be provided. In addition, the Town will design, finance and construct a water line, water tower and related improvements along County Road 13 to the Property boundary (the "County Road 13 Water Improvements"). In addition, the Town will design, finance and construct the sewer lines, appurtenances and a lift station for the sewer improvements from the existing Berthoud sewer lines to the Property boundary. 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; Various Town fees, standard impact fees and any agreements created via the subdivision improvement agreement will finance extension of the required municipal services. In addition, the Town will establish a separate sewer development fee to be paid proportionately for all properties that can utilize this Off -Site Sewer Improvements to be paid at the time of building permit. 3. A statement identifying existing tax districts within the area to be annexed; The following is a list of existing tax authorities for the area to be annexed: AIMS Junior College; Big Thompson Conservation; Front Range Fire Rescue Fire Protection District; High Plains Library; Northern Colorado Water (NCW); School District RE5J — Johnstown; 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. The Podtburg project is within the Weld County School District RE -5J Johnstown -Milliken School District. The school district tables regarding cash -in -lieu and student generation and school capacity are attached. $924 dollars per household would be required for cash - in -lieu payments. We will work with the District to identify more specific impacts and the most appropriate mitigation. 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; 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) c. The existing and proposed land use pattern in the areas to be annexed (Outline Development PlanX See Attached Exhibit(s) JOHNSTOWN BOUNDARIES IIMI Johnstown Growth Management Area (GMA) Johnstown Municipality Podtburg Property II LEGEND: 3 11 Man El MI iMMIIIM Nh 76 0600. M. rarn07 705115 ps WEM COMM, OM 41 . R.RROW) ma vw (w•1 PoImA 133 525 175 715 3.45 103 213 MIMIIAMDEWM 50166.5 5090769 lingle Fa, 116 50N.W 510K.35 .2 1005 6M NM 179 715 5 0 103 115 535 61, 06.7 .. .u. . r.. . as .. u ® . a • . MATCHLINE-SeE S 00 OO r n n C 7 i L,00� NORTH COMMERCIAL 115•1011 MUM PODTBURG GOLF COURSE MASTER UTILITY PLAN MUP1 WOO III IN MIMI 21I•li MIMS 111 fir 05016.1 111 51515.5 33 W.F. 94 III =WM IN NI MM. Ell 0140.4.0. 00 RN it I 444 657 .�X Or 76 FLO COmmerdal ,,.43,m1 103 595 10.3 615 715 1' flarlearart 76 116 AverNenr fisorr0 ri.l°. f 0.555141 STS 5,55 17.9 10.3 61.5 715 41.3 14. NORTH 111,0131 a§ PODTBURG GOLF COURSE MASTER UTILITY PLAN MUP2 MP MIMS PROPERTY Site Leeand ,FOR GRAPHICAL PURPOSES COMMUNITYTnwu la, CONCRETE ENTALACCESS ENTACCESS POW' -FULL vPaTENrtaUr Srozrt Niwr ePOSSIBLE PARK LOCATIONS laSiggiMSES -u Ri 42(MINORARTERIALY MICR PROPERTY IIMi ® C0MIA.CIALUSESOSMo °M RESIZMAL USES 1I rr DENSITY: RESIDENTIAL UNIT TRANSFERS: PLANNING AREA BOUNDARIES: PARCEL INDEX LAND USE SUMMARY DEVELOPMENT STANDARDS ark Men OeCal PEP RE 601 OPEN SPACE, PARKS S WALKS/TRAILS: miGROUP PODTBURG PROPERTY OUTLINE DEVELOPMENT PLAN OWNER PODTBURG DAIRY PARTNERSHIP, LLLP MSVIELO COUNT( EATON.00 EMS OURINE DEVELOPMENT PLAN Sleetwmben 3 or 4 EXHIBIT A WELD COUNTY SCHOOL DISTRICT RE -5J Johnstown/Milliken, Colorado School District Planning Standards i. Student Yields Elementary School Middle School High School Single Family Detached 0.301 0.148 0.170 ii. School Facility Enrollment Capacities Elementary School Middle School High School iii. School Site Acreage Requirements Elementary School Middle School High School iv. Developed Land Value per Acre $60,130 640 930 975 10 23 40 Single Family Attached 0.106 0.053 0.071 Mobile Multifamily Homes 0.187 0.469 0.091 0.224 0.123 0.306 Revised 10/17/2018 based on information provided by Strategic Resources West EXHIBIT B WELD COUNTY SCHOOL DISTRICT RE -5J Johnstown/Milliken, Colorado School District Methodology Based on the School District Planning Standards, contained in Exhibit A, calculation of land dedication or in -lieu payments uses the following procedures: Cash in Student Acres per Acres Required Per Acre Lieu Amount Yield Student Capacity per Housing Unit Value Per Unit Single Family Detached Elementary 0.301 0.05 0.0047 $ 60,130 $ 283 Middle 0.148 0.02 0.0037 $ 60,130 221 High School 0.170 0.02 0.0070 $ 60,130 420 Total 0.619 0.0154 $ 924 Single Family Attached Elementary 0.106 0.02 0.0017 $ 60,130 $ 100 Middle 0.053 0.01 0.0013 $ 60,130 79 High School 0.071 0.01 0.0029 $ 60,130 174 Total 0.230 0.0059 $ 353 Multi Family Elementary 0.187 0.03 0.0029 $ 60,130 $ 175 Middle 0.091 0.01 0.0022 $ 60,130 135 High School 0.123 0.01 0.0051 $ 60,130 303 Total 0.401 0.0102 $ 613 Mobile Home Elementary 0.469 0.07 0.0073 $ 60,130 $ 441 Middle 0.224 0.02 0.0056 $ 60,130 334 High School 0.306 0.03 0.0125 $ 60,130 755 Total 0.999 0.0254 $ 1,530 Revised 10/17/2018 based on informalon provided by Strategic Resources West Hello