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Home My WebLink About20181868.tiffTOWN OF JOHNSTOWN PUBLIC HEARING NOTICE RECEIVED JUN 1 1 2018 WELD COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that a petition for Annexation of territories hereinafter described as the US Engineering Annexation have been presented to the Town Council of Johnstown, Colorado and found to be in apparent compliance with the applicable provisions of law and the Town Council has adopted Resolution No. 2018-09 to set a public hearing to be held at 7:00 p.m. on Monday, July 16, 2018 in the Town Hall at 450 South Parish Ave. in Johnstown, Colorado to determine if the proposed annexation complies with the applicable requirements of law. TOWN OF JOHNSTOWN, COLORADO RESOLUTION NO. 2018-09 FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE FOR THE U.S. ENGINEERING ANNEXATION WHEREAS, Use Real Estate Holdings, LLC, a Missouri 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, Section 1. The Town Council of the Town of Johnstown finds that a Petition for Annexation of certain property situated in the Northeast Quarter of Section 3, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described on Exhibit A, which is attached hereto and incorporated herein by this reference, filed with the Town Clerk on February 15, 2018, to be known as the "U.S. Engineering 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 for July 16, 2018, 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 F v,,o l i e, Reu«uJ O4, -I8- IB cc.. so( Its) ere) Chum I t j -r?) 1'w(EPtck4IER) o4- is -i8 2018-1868 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 4th day of June, 2018. TOWN OF JOHNSTOWN, COLORADO ATTEST: By: S/S Scott James, Mayor By: S/S Diana Seele, Town Clerk Exhibit A The legal description is as follows: Lot A, Recorded Exemption No. 1061-3-1- RECX 15-0131, according to the plat recorded December 17, 2015 at Reception Number 4165964, being located in the NE 1/4 of Section 3, Township 4 North, Range 68 west of the 6th p.m., County of Weld, state of Colorado. Ordered published in the Johnstown Breeze on June 7, June 14, June 21, and June 28, 2018. By: Diana Seele, Town Clerk TOWN OF JOHNSTOWN, COLORADO RESOLUTION NO. 2018-09 FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE FOR THE U.S. ENGINEERING ANNEXATION WHEREAS, Use Real Estate Holdings, LLC, a Missouri 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, Section 1. The Town Council of the Town of Johnstown finds that a Petition for Annexation of certain property situated in the Northeast Quarter of Section 3, Township 4 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described on Exhibit A, which is attached hereto and incorporated herein by this reference, filed with the Town Clerk on February 15, 2018, to be known as the "U.S. Engineering 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 for July 16, 2018, 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. F Jo pi A1.• ...r, Lea. ys z. By w 444 , SIGNED, APPROVED, AND ADOPTED THISay o , 2018. TOWN I' JOHNST • , COLORADO \i' r By: e, Town Clerk Scott James, Mayor (5) PETITION FOR ANNEXATION To the Town of Johnstown (Weld County) The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition the Town Council of the Town of Johnstown, Colorado, for annexation to the Town of Johnstown the unincorporated territory more particularly described below, currently known as Parcel H, Lot A of RECX15-0131 , 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. 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; The territory proposed to be annexed is integrated or is capable of being integrated with the Town of Johnstown, Colorado; (3) (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) (b) 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. -1- (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, School District RE -57, Northern Colorado Water Conservancy District, Little Thompson Water District, Johnstown Fire Protection District, Aims Junior College District, and Weld County Library District, School District R2J - Loveland 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. (f) 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 Larimer County, Colorado, which has created a vested right. (16) Submitted with this Petition is the required $100.00 for publication costs. EXECUTED this /5#) day of ¢, J . Name: „lettfoinf Zeit ilstvoil Title: c. O. a. Name of Annexation: U.S. Engineering Annexation -3- STATE OF COLORADO ) )ss COUNTY OF Subscribed and sworn to before me this /5/7) day of .. ,, , , .• I',i by P 1 )i &&riAi as t,0,0 �, s of 0.4 WITNESS my hand and official seal. My commission expires: n410_0191 HEATHER TEGTMEIER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134079023 COF SSIONSPIRES E0I 20 2021 d on behalf of -4- Hello