The URL can be used to link to this page

Browse Search

Home My WebLink About20130307.tiffDON J. HOFF 1630 25111 Avenue Greeley, Colorado 80634 ATTORNEY Al"LAW Telephone 970-356-6767 Fax 970-352-2851 RECEIVED January 24, 2013 WELD COUNTY COMMISSIONERS Clerk to the Board of County Commissioners P . O. Box 758 Greeley, CO 80632 RE: Town of Kersey U.S. Highway 34 Dear Sir or Madam: Enclosed please find an Annexation Petition, a Notice setting a hearing date on the Annexation Petition, a Resolution establishing the hearing to determine whether or not the above property should be annexed, and an Impact Report. Sincerely, DOa �7 9. fl ag Don J. Hoff lines.: Annexation Petition Notice of Public Hearing Kersey Resolution Impact Report (Jahki.C Vcv aL 2013-0307 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et.seq., Colorado Revised Statutes, hereby petition the Board of Trustees of the Town of Kersey for annexation into the 'town of Kersey the territory described herein and described and shown on the map designated "U.S. Highway 34 Annexation". Four (4) copies of said map arc submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation into the Town is set forth in Exhibit "A" attached hereto and incorporated herein by reference. In support of this petition, the petitioner(s) allege(s) that: 1. It is desirable and necessary that the above -described territory be annexed to the Town of Kersey. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that: A. Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Kersey. B. A community of interest exists between the territory proposed to be annexed and the Town of Kersey. C. The territory sought to be annexed is urban or will be urbanized in the near future. D. The territory sought to be annexed is integrated or is capable of being integrated with the Town of Kersey. 3. In establishing the boundaries of the territory proposed to be annexed, 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, has/have been divided into separate parts or parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4. In establishing the boundaries of the territory proposed to be annexed, 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 comprising twenty (20) acres or more which, together with the buildings and improvements situated thereon have an assessed valuation in excess of $200,000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners. 5. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Kersey was held within the twelve months preceding the filing of this petition. 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a city or town other than the Town of Kersey. 7. The territory proposed to be annexed is not presently a part of any incorporated town, city or city and county or if the property is part of another town or city or city and county, it will be disconnected from such municipality prior to consideration of the annexation. 8. The two parcels of property described as the "Kersey Parcels" are owned by the Town of Kersey and the Town petitions for annexation of such property. The balance of the property to be annexed is comprised solely of a State or Federal highway and no owner of the highway or highway property is participating in this annexation petition. The parcel designated as Lower Latham Reservoir Company Parcel is not part of the annexation. 9. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area proposed to be annexed. 10. The proposed annexation would not have the affect of extending a municipal boundary more than three (3) miles in any direction from any point of any such municipal boundary in any one year. 11. The Board of Trustees has determined that the described property in this petition should be annexed to the Town of Kersey. Accompanying this petition arc the original and four copies of an annexation plat map containing the following information: A. A written legal description of the boundaries of the area proposed to be annexed. B. A map showing the boundary of the area proposed to be annexed. C. Within the annexation boundary map, an identification of the location of each ownership tract in unpiatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other 2 municipality abutting the area proposed to be annexed. E. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one -sixth (1/6) contiguity to the Town of Kersey. F. Acceptance block describing the acceptance action of the Town of Kersey and providing for the effective date and Town Clerk and Mayor attest signatures. THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Kersey to annex the territory described and referred to in Exhibit "A" to the Town of Kersey in accordance with and pursuant to the statutes of the State of Colorado. e(s) and Signature(s) OF KERSEIY ��I12/11/12 Date Mailing Address Mayor STATE OF COLORADO ) COUNTY OF WELD ) The foregoing signature was subscribed and sworn to before me this December, 2012, by Bob Kellehuis, Mayor of the Town of Kersey. P.O. Box 657 Kersey, Colorado 80644 P.O. Box 657 12/11/12 Kersey, Colorado 80644 SS. Witness my hand and official seal. 1• 14 day of U Notary Public My Commission Expires: --My-commission expires 04182016 STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing signature was subscribed and sworn to before me this December, 2012, by Julie Piper, Town Clerk of the Town of Kersey. Witness my hand and official seal. My Commission Expires: 1 i-~day of No ary Public My commission expires 04182016 3 z isys ©F APPENDIX A A tract of land located in the SE 1/4 of Section 17, NE 1/4 of Section 20, S 1/2 Section 16, N 1/2 of Section 21, N 1/2 of Section 22, and SE 1/4 of Section 22 all in Township 5 North, Range 64 West, of the 6th Principal Meridian, Weld County, Colorado, mere particularly described as follows: Commencing at the NE corner of said Section 20, and considering the North line of the NE 1/4 of said Section to bear S89°18'00"W with all bearings herein relative thereto: Thence S89°18'00"W, 356.00 feet to the True Point of Beginning; Thence N00°17'56"W, 30.00' to a point on the North Right of Way (ROW) of Hill Street (State Highway 34); Thence along said North ROW line, S89°18'00"W, 843.07' to a point on the South ROW line of Highway 34 (CDOT ROW) as shown on Colorado Department of Transportation (CDOT) plans under projects CXFR 03-0034-18 and CX-CY 03-0034-19; Thence along said ROW by the following 7 courses: N72°45'04"W, 223.07' N17°14'52"E, 31.00' Along the arc of a curve to the right having an arc length of 1050.23', a radius of 4508.66', a central angle of 13°20'47", and a long chord that bears N82°37'36"E, 1047.86' N89° 18'00"E, 262.23' 545°31'54"E, 70.50' S00°21'48"E, 100.00' S44°28'06"W, 99.29' to a point on the North ROW of Hill Street Thence N89°17'47"E, 120.00'; Thence S00°21'47"E, 30.01' to the NW corner of Clark and Hill's 2nd Addition; Thence N89°44'05"E, 49.37' to a point on said CDOT ROW; Thence along said CDOT ROW by the following 5 courses: N00°10'53"W, 200.01' N44°41'07"E, 70.65' N89°44'06"E, 2396.49' S45°15'5S"E, 70.71' S00°14'55"E, 200.00' to a point on the North line of Clark and Hill's 2nd Addition; Thence N89°44'05"E, 87.88' to the NE corner of Clark and Hill's 2nd Addition; Thence South along the East line of Clark and Hill's 2nd Addition, S00°15'52"E, 30.00 ' to the NW corner of Platte Valley Schools Addition; Thence along the North line of Platte Valley Schools Addition, also the South line of Hill Street (State Highway 34) N89°44' 11 "E, 800.04'; Thence N17°31'39"E, 84.02' to a point on the North line of Hill Street (State Highway 34), Thence along the North line of Hill Street, 589°44'11"W, 592.54'; Thence N00°15'54"W, 200.00' to a point on said CDOT ROW; Thence along said CDOT ROW by the following 2 courses: N89°44'11 "E. 86.83' Along the are of a curve to the right having an arc length of 696.45', a radius of 2789.79', a central angle of 14°18'12", and a long chord that bears S83°06'43"E, 694.64' Thence 514°02'19"W, 81.16' to a point on said CDOT ROW; 1 Thence 577°41'39"W, 167.15' Thence S17°31'39"W, 84.02' to a point on the North line of Platte Valley Schools Addition, also being on the South line of said CDOT ROW; Thence along the North line of Platte Valley Schools Addition and the South line of said CDOT ROW by the following 6 courses: S00°20'23"E, 30.00' S85°42'30"E, 377.73' S72°43'47"E, 419.12' S56°43'33"E, 400.91' 569°17'22"E, 225.67' S43°32'15"E, 576.68' to a point on the North line of Kersey Commons Business Park 1st Annexation; Thence along said North line 572°17'21"E, 131.48'; Thence N89°28'58"E, 72.97' to a point on the South line of said CDOT ROW; Thence along the South line of said CDOT ROW along the arc of a curve to the left having a length of 1084.70', a radius of 2974.69', a central angle of 20°53'33", and a long chord that bears 556°03' 12"E, 1078.70' to a point on the North line of Kersey Commons Business Park 1st Annexation; Thence continuing along the South line of said CDOT ROW and North line of Kersey Commons Business Park 1st Annexation by the following 9 courses: Along the arc of a curve to the left having a length of 289.14', a radius of 2974.69', a central angle of 5°34'09", and a long chord that bears S69°17'03"E, 289.02' S55°03'24"E, 9.79' 576°30'22"E, 41.00' 566°59'42"E, 247.10' S77°25'39"E, 267.40' 584°59'49"E, 175.06' S81°14'17"E, 317.40' N56°07'47"E, 66.57' S80°59'58"E, 155.33' to the Northwest corner of Kersey Commons Business Park 2nd Addition; Thence continuing along the South line of CDOT ROW and the North line of Kersey Business Park 2nd Addition by the following 3 courses: Along the arc of a curve to the right having a length of 1073.34', a radius of 2764.79', a central angle of 22°14'35", and a long chord that bears 568°37'14"E, 1066.61' 555°49'29"E, 245.62' 554°59'56"E, 478.32' to a point on the North ROW of the Union Pacific Railroad; Thence along the North ROW of the Union Pacific Railroad, 584°54'32"E, 401.09' to a point on the North line of said CDOT ROW; Thence along the North line of said CDOT ROW by the following 12 courses: N54°59'56"W, 825.99' N55°50'22"W, 254.34' Along the arc of a curve to the left having a length of 940.36', a radius of 2964.79', a central angle of 18°10'22", and a long chord that bears N66°35'07"W, 936.43' N64°27'56"W, 218.15' N81°23'53"W, 256.52' N82°14'31 "W, 350.56' 2 N81 °25'11 "W, 243.43' Along the arc of a curve to the right having a length of 1382.00', a radius of 2714.89', a central angle of 29°09'58", and a long chord that bears N65°09'30"W, 1367.13' N48°53'50"W, 243.43' N46°26'20"W, 350.25' N48°04'30"W, 389.10' Along the arc of a curve to the left having a length of 436.14', a radius of 3024.79', a central angle of 8°15'41", and a long chord that bears N52°12'20"W, 435.76' Thence N57°51'39"E, 151.48' to a point on the North line of said CDOT ROW; Thence continuing along the North line of said CDOT ROW by the following 13 courses: N00°29'27"W, 4.32' Along the arc of a curve to the right having a length of 818.71', a radius of 2789.79', a central angle of 16°48'52", and a long chord that bears N78°40'15"W, 815.78' N70°15'43"W, 13.06 Along the arc of a curve to the left having a length of 1026.18', a radius of 2939.79', a central angle of 20°00'00", and a long chord that bears N80°15'49"W, 1020.97' 589°44'11"W, 320.00' S89°44'05"W, 2534.58' N45°18'49"W, 70.77' S89°31'18"W, 100.00' S44°28'05"W, 70.92' 589°18'00"W, 263.11' Along the arc of a curve to the left having a length of 1138.32', a radius of 4658.66', a central angle of 14°00'00", and a long chord that bears 582°17'59"W, 1135.49' 575°18'01"W, 31.79' Along the arc of a curve to the right having a length of 1059.84', a radius of 4508.66', a central angle of 13°28'06", and a long chord that bears 582°02'03"W, 1057.41' to the Northwest corner of Western Equipment & Truck Inc. Annexation No. 1; Thence along the East line of said Annexation No. I, S00°27'25"E, 150.19' to a point on the South right of way line of State Hwy 34; Thence along said South ROW line, N89°18'00"E, 2211.99'; Thence N00°17'56"W, 30.00' to the Point of Beginning. Said parcel contains 71.3149 acres more or less. 3 NOTICE OF PUBL)C HEARING NOTICE is hereby given that on the 26th day of February, 2013, at 7:00 p.m. at the Kersey Town Hall, 332 Third Street, Kersey, Colorado, the 13oard of Trustees of the Town of Kersey will hold a public hearing on a Petition for Annexation of territory known as the "U.S. Highway 34 Annexation." The Resolution fixing the foregoing hearing accompanies this Notice. The hearing shall be for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of C.R.S. 31-12-104 and C.R.S. 3 1 -12-105 and Section 30 of Article II of the Colorado Constitution to determine eligibility for annexation and to determine if the area should be annexed to the Town of Kersey. The property to be annexed is described as follows: U. S. Highway 34 and the Highway right-of-way area where it borders the Town on the north Town boundary, from a point approximately 2,600 feet west of the traffic signal at U. S. Highway 34 and First Street to the east Town boundary. The area to be annexed consists of approximately 2.5 miles of U. S. Highway 34 right-of- way, the area known as Memorial Park, and a small parcel owned by the Town of Kersey. A complete Calls, Corners and Distance description (Metes and Bounds description), together with the Annexation Map, and Annexation Petition, is available for public inspection at the Kersey Town Hall located at 332 Third Street, Kersey, Colorado, and may be inspected during normal business hours. This Notice is given and published by order of the Board of Trustees of the Town of Kersey, Colorado. DATED this 8th day of January, 2013. TOWN OF KERSEY GOckPORRT(<„ Town -clerk 1 3 RESOLUTION NO. 2013-R02 A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE "U.S. HIGHWAY 34 ANNEXATION" IS IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF C.R.S. 31-12-107(1) AND ESTABLISHING A DATE FOR A PUBLIC HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO TO CONSIDER THE PROPOSED ANNEXATION WHEREAS, the Town of Kersey desires to annex certain property known as Memorial Park and C.S. Highway 34 where the Highway borders the Town of Kersey; and, WHEREAS, the Board of Trustees finds that the petition substantially complies with C.R.S. 31-12-107(1) and Section 30 of Article II of the Colorado Constitution and that a hearing on such annexation should be scheduled as provided by law. NOW THEREFORE, BE 11' RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO: Section 1. The Board of Trustees hereby accepts the above described annexation petition and finds and determines that the petition for annexation of the property is in substantial compliance with the requirements of C.R.S. 31-12-107O) and Section 30, Article II of the Colorado Constitution and the petitioners desire to initiate annexation proceedings in accordance with law. Section 2. The Board of Trustees hereby sets a public hearing for the 26th day of February, 2013, at the hour of 7:00 p.m. at the Town Hall at: 332 Third Street, Kersey, Colorado, for the purpose of determining whether the area proposed to be annexed meets the applicable requirements of C.R.S. 31-12-104 and C.R.S. 31-12-105 and to determine whether the territory described in the notice should be annexed to the Town of Kersey. Section 3. The property proposed to be annexed is described as follows: U. S. Highway 34 and the Highway right-of-way area where it borders the Town on the north Town boundary, from a point approximately 2,600 feet west of the traffic signal at U. S. Highway 34 and First Street to the cast Town boundary. The area to be annexed consists of approximately 2.5 miles of U. S. Highway 34 right-of-way, the area known as Memorial Park, and a small parcel owned by the Town of Kersey. A complete Calls, Corners and Distance description (Metes and Bounds description), together with the Annexation Map, is available for public inspection at the Kersey Town Hall located at 332 Third Street, Kersey. Section 4. The Town Clerk is hereby directed to publish notice of this hearing once each week for four successive weeks in The North Weld Herald —The Central Weld Voice, the designated newspaper for the Town of Kersey. 1 ti PASSED, ADOPTED ANI) APPROVED THIS 8th DAY OF JANUARY, 2013. TOWN OF K1RSEY By: )U'° bl Mayor ATTEST: 2 IMPACT REPORT OF THE U.S. HIGHWAY 34 ANNEXATION The proposed annexation is known as the U.S. Highway 34 Annexation to the Town of Kersey and involves the annexation of approximately 71 acres of property (primarily highway right-of-way) as described in the property description attached hereto. The following information is provided with this report: A. An annexation map showing the property to be annexed. The map contains a vicinity map showing the proposed annexation's proximity to the existing Town of Kersey. B. A map showing proposed streets, lots and blocks. No new streets are anticipated as a result of the annexation. C. No new water service is required as a result of the annexation. D. No new sanitary service is required as a result of the annexation. E. No rezoning or new zoning is required as a result of the annexation. F. No new municipal services are required as a result of the annexation. G. Annexation is initiated by the Town of Kersey and no annexation agreement will be prepared. H. No new water, sanitary sewer extensions, streets or other infrastructure improvements are required as a result of the annexation. There will be no financing of infrastructure improvements by the Town of Kersey. I. The districts which exercise control over the property to be annexed include: 1. Aims Community College 2 Central Weld County Water District 3. Colorado Department of Transportation 4. High Plains Library District 5. Northern Colorado Water Conservancy District 6. Platte Valley Fire Protection District 7. Platte Valley School District RE -7 8. West Greeley Conservation District J. No new development will result from this Annexation. No new students will be generated as a result of the annexation. Dated: January 24. 2013 t g;; ;;;;inl; !"|!!!!|!!!! ;iii „ )ii 1 !!;:|;;;;;" ;; ii- |i||.|||| ;H M;lH!| .,m n..,e m ( !!!i ;,|H ;l;2:; H H ; ; E|:;|;|||;|:;|;|,;.:; .E,'i , EEE|,il.E`E!! |.,,1..,......1..,.,. ( H ;Pr,|;,:l'; ;!! O : } FII!; s|:;||;;|[.;:|i:ii.k.| I H ee !|!;|li|` ;,.; ................ t; „ ;l;,;:|W W ;;E 3 ! !E!;.1!,�F!ilti!..s �|;;;|[;i-hi ;;;.:;:| i. „,5 ,...r!:,,,"*.,, . !! �| k ! i |� ! | )\i �i �! I ; I| ,; , |! !| `| i I [; , iii ! || ;| k ` i 11, | §i || !. | '� |1 I ! 01 I |! �. , \ !|j f 1!`i It 1 !!. | I1,.i� | | I'.1, ! b;§i I I I £I'"§i�|i ; `�I,!!!| 0,. \z. l! ].)}(!�I\�|[, hIH H|1!|! KO4LER ADOITLOR PARCEL 1 KOK:CR ACOITIC V GARDE, 7 ~ :w ANIS U 314111 ) 10. | U I Q y • O ✓ U a a o O ry U } p W z Z K • U O Z O F- O _W U W 5 y U F W c_ W �° Zz L p� Z ° '- t Q S U ~ W LL f w h co } [cog i O U C 2 h O S o e z p O O U Z N c Z Z Co Z 7 F 7 O K 1 Hello