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Home My WebLink About20133275OFFICE OF THE CITY CLERK 350 KIMBARK ST. I LONGMONT, CO 80501 PHONE: 303-651-8649 FAX: 303-774-4721 Weld County Board of Commissioners PO Box 758 Greeley, CO 80632 Dear County Commissioners: November 18, 2013 RECEIVED WELD UNTY COMMISSIONERS The Longmont City Council will hold a public hearing regarding the Bachman Annexation on December 17, 2013 at 7:00 p.m. in the Longmont City Council Chambers, 350 Kimbark Street. If you have any questions or concerns regarding this annexation, please contact the City of Longmont Planning Department at 651-8330. Sincerely, S‘')cx\i 16ib Valeria Skitt City Clerk Enclosed are copies of the: -Notice of Public Hearing - Resolution R-2013-110 -Petition to Annex Territory to the City of Longmont - Memo concerning the Annexation Impact Report 9 L^ Pablt-cr2fvze� Cc SO t` \V'4', 07 CITY COUNCIL MEETINGS: YOU BELONG IN TUESDAY EVENINGS. 7'.00 P.M., COUNCIL CHAMBERS 350 KIMBARK ST, LONGMONT, CO 80501 LONG MONO COLORADO 2013-3275 NOTICE OF PUBLIC HEARING CITY OF LONGMONT--CITY COUNCIL DECEMBER 17, 2013 CITY COUNCIL CHAMBERS BACHMAN ANNEXATION RESOLUTION R-2013-110 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, FINDING THAT THE PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN WELD COUNTY, STATE OF COLORADO, KNOWN AS THE BACHMAN ANNEXATION (GENERALLY LOCATED ALONG COUNTY ROAD 20 '/2 AND EAST OF COUNTY LINE ROAD) SUBSTANTIALLY COMPLIES WITH THE COLORADO REVISED STATUTES SECTION 31-12-107O) WHEREAS a petition for annexation of a certain parcel of land as described in the attached Exhibit A has been filed with the Longmont City Clerk; and WHEREAS the petition has been referred to the Longmont City Council for a determination of substantial compliance with the requirements of C.R.S. 31-12-107(1); and WHEREAS the City Council has been advised by staff and has taken the official notice of all maps, records, and other information and other materials on file with the City of Longmont, Colorado, regarding said petition. THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, RESOLVES: Section 1 The Longmont City Council hereby finds the annexation petition substantially complies with C.R.S. 31-12-107(1). Section 2 The City Council shall hold a public hearing on the proposed annexation on December 17, 2013, at 7:00 p.m., in the City Council Chambers, Civic Center Complex, Longmont, Colorado, to determine if the proposed annexation complies with the C.R.S. 31-12-104 and 105, or such parts thereof as may be required to establish eligibility for annexations. Section 3 The City Clerk shall publish a notice of hearing once a week for four consecutive weeks before the hearing in a newspaper of general circulation in the area proposed for annexation. Section 4 The resolution shall be effective upon adoption. Section 5 The Council repeals all resolutions or parts of resolutions in conflict with this resolution, but only to the extent of such inconsistency. Passed and adopted this 12`h day of November, 2013. /s/ Brian Bagley MAYOR ATTEST: /s/ Valeria L. Skitt CITY CLERK APPROVED AS TO FORM: /s/ Dan Kramer ASSISTANT CITY ATTORNEY /s/ M. McQueen PROOFREAD APPROVED AS TO FORM AND SUBSTANCE: /s/ Brad Power ORIGINATING DEPARTMENT CA file: 9284.1 Published in the Daily Times Call, Longmont, Colorado, November 20, and 27, and December 4 and 11, 2013. EXHIBIT A Bachman Annexation Legal Description A tract of land located in Section 18, Township 2 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Wl/4 Corner of Section 18, from which the C1/4 Corner of said Section 18 bears N88°10'31"E, 2600.25 feet (Basis of Bearing), thence N00°11'12"W, 30.01 feet along the West Line of the NW 1/4 of said Section 18 to the Westerly Extension of the Northerly Right - of -Way Line of Weld County Road 20.5; thence N88°10'31 "E, 2332.07 feet along said Northerly Right -of -Way Line of Weld County Road No. 20.5 to the West Line of Lot "A", Recorded Exemption No. 1313-18-2-RE3229, according to the recorded Plat thereof, being also a point on the City of Longmont Corporate Boundary, and the POINT OF BEGINNING; Thence along the Westerly, Northerly and Easterly Lines of said Lot "A" and continuing along said City of Longmont Corporate Boundary the following four (4) courses: 1) N01°49'47"W, 255.76 feet to the Northwest Corner of said Lot "A"; 2) N88°10'31"E, 275.61 feet to an angle point on said Northerly Line of Lot "A" and being also a point on the West Line of the NE1/4 of said Section 18; 3) N88°10'18"E, 150.84 feet to the Northeast Corner of said Lot "A"; 4) S01°49'42"E, 255.76 feet to said Northerly Right -of -Way Line of Weld County Road 20.5; Thence along said Northerly Right -of -Way Line the following two (2) courses: 1) S88°10'18"W, 158.25 feet to the East Line of the NW1/4 of said Section 18; 2) S88°10'31 "W, 268.19 feet to the POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 109,067 SQUARE FEET or 2.504 ACRES, MORE OR LESS. 1 RESOLUTION R-2013-110 2 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 3 FINDING THAT THE PETITION FOR ANNEXATION OF A PARCEL OF LAND 4 LOCATED IN WELD COUNTY, STATE OF COLORADO, KNOWN AS THE BACHMAN 5 ANNEXATION (GENERALLY LOCATED ALONG COUNTY ROAD 20 'A AND EAST OF 6 COUNTY LINE ROAD) SUBSTANTIALLY COMPLIES WITH THE COLORADO 7 REVISED STATUTES SECTION 31-12-107(1) 8 9 WHEREAS a petition for annexation of a certain parcel of land as described in the 10 attached Exhibit A has been filed with the Longmont City Clerk; and 11 WHEREAS the petition has been referred to the Longmont City Council for a 12 determination of substantial compliance with the requirements of C.R.S. 31-12-107(1); and 13 WHEREAS the City Council has been advised by staff and has taken the official notice 14 of all maps, records, and other information and other materials on file with the City of 15 Longmont, Colorado, regarding said petition. 16 THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO, 17 RESOLVES: 18 Section 1 19 The Longmont City Council hereby finds the annexation petition substantially complies 20 with C.R.S. 31-12-107(1). 21 Section 2 22 The City Council shall hold a public hearing on the proposed annexation on December 23 17, 2013, at 7:00 p.m., in the City Council Chambers, Civic Center Complex, Longmont, 24 Colorado, to determine if the proposed annexation complies with the C.R.S. 31-12-104 and 105, 1 or such parts thereof as may be required to establish eligibility for annexations. 2 Section 3 3 The City Clerk shall publish a notice of hearing once a week for four consecutive weeks 4 before the hearing in a newspaper of general circulation in the area proposed for annexation. 5 Section 4 6 The resolution shall be effective upon adoption. 7 Section 5 8 The Council repeals all resolutions or parts of resolutions in conflict with this resolution, 9 but only to the extent of such inconsistency. 10 Passed and adopted this 12th; day of November -2013. 11 12 13 14 ATTEST: 15 16 17 l tOltb 18 CITY CLERK 19 20 APPROVED AS TO FORM: 21 22 23 24 25 26 27 PROOFREAD 28 29 30 APPROVED AS TO FORM AND SUBSTANCE: 31 32 5 / 2 lJ 33 /L,�.2 [ice 34 ORIGINATING DEPARTMENT DATE 35 36 CA file: 9284.1 37 f ASSISTANT CITY ATTORNEY MAYO //03 DATE DATE Tblt3 2 L\KRAMERtPIanning'AnncsntionstRachman Aoncraion\Foa Resolution of Statutory Compliarcc.doc I 2 3 EXHIBIT A Bachman Annexation Legal Description 4 5 A tract of land located in Section 18, Township 2 North, Range 68 West of the 6th Principal 6 Meridian, County of Weld, State of Colorado, being more particularly described as follows: 7 8 COMMENCING at the W 1/4 Corner of Section 18, from which the C 1/4 Corner of said Section 9 18 bears N88°10'31"E, 2600.25 feet (Basis of Bearing), thence N00°11'12"W, 30.01 feet along 10 the West Line of the NW 1/4 of said Section 18 to the Westerly Extension of the Northerly Right - 11 of -Way Line of Weld County Road 20.5; thence N88° 10'31 "E, 2332.07 feet along said Northerly 12 Right -of -Way Line of Weld County Road No. 20.5 to the West Line of Lot "A", Recorded 13 Exemption No. 1313-18-2-RE3229, according to the recorded Plat thereof, being also a point on 14 the City of Longmont Corporate Boundary, and the POINT OF BEGINNING; 15 16 Thence along the Westerly, Northerly and Easterly Lines of said Lot "A" and continuing along 17 said City of Longmont Corporate Boundary the following four (4) courses: 18 19 1) N01 °49'47 "W, 255.76 feet to the Northwest Corner of said Lot "A"; 20 21 2) N88°10'31"E, 275.61 feet to an angle point on said Northerly Line of Lot "A" and being 22 also a point on the West Line of the NE1/4 of said Section 18; 23 24 3) N88° 10'18"E, 150.84 feet to the Northeast Corner of said Lot "A"; 25 26 4) S01°49'42"E, 255.76 feet to said Northerly Right -of -Way Line of Weld County Road 27 20.5; 28 29 Thence along said Northerly Right -of -Way Line the following two (2) courses: 30 31 1) S88° 10'18"W, 158.25 feet to the East Line of the NW 1/4 of said Section 18; 32 33 2) 588°10'31"W, 268.19 feet to the POINT OF BEGINNING. 34 35 THE ABOVE DESCRIBED TRACT CONTAINS 109,067 SQUARE FEET or 2.504 ACRES, 36 MORE OR LESS. 3 LAICRAMER\PlanningtetronexationstBaclunan Anncutioa\ Fast Rvohztion of Statutory Colimadoc PETITION TO ANNEX TERRITORY TO THE CITY OF LONGMONT The undersigned owner(s) of real property, pursuant to C.R.S. § 31-12-107, Municipal Annexation Act of 1965, petition the council of the City of Longmont Colorado, for annexation of certain territory, and state: 1. That the territory generally located approximately one-half mile east of County Line Road and immediately north of Weld County Road 20-1/2 and containing 2.5 acres, more or less, is more particularly described in the attached legal description. 2. That the petitioning owners represent more than 50 percent of the area described above, excluding public streets and alleys. 3. That petitioners further allege that (a) It Is desirable and nwvassary that such area be annexed to the City of Longmont. (b) The requirements of C.R.S. §§ 31-12-104 and 31-12-105 exist or have been met, including: (i) Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Longmont more specifically the perimeter of the area is 11,844.65 feet, of which 4,231.85 feet are contiguous to the existing municipal boundary of the City of Longmont (ii) A community of interest exists between the area proposed to be annexed and the City of Longmont. (iii) Said area is urban or will be urbanized in the near future, and is integrated or capable of being integrated with the City of Longmont (iv) No land, unless separated by a dedicated public way, held in identical ownership is divided into separate parcels unless the owners of said tract have consented in writing to said annexation. (v) No land or contiguous parcels of land, except as may be situated entirely within the outer boundaries of the City of Longmont, held in identical ownership and comprising 20 acres or more and which, together with improvements, has an assessed valuation in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the annexation, is included in this petition without the written consent of the landowners. (vi) No proceedings for annexation of the area has been commenced for annexation to another municipality. (vii) The annexation of the area would not have the effect of extending the city boundary more than three miles in any one year. (viii) No partial width of any public ri -of-way is included in the area proposed to be annexed. 4. As an express condition of annexation, the owners consent to inclusion into the Northern Colorado Water Conservancy District (District) and the Municipal Subdistrict (Subdistrict), Northern Colorado Water Conservancy District pursuant to C.R.S. § 37- 45-136 (3.6). The owners acknowledge that, upon inclusion into the District and Subdistrict, the owners property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the District and Subdistrict at the time of inclusion of owners land. The owners agree to waive any right to an election which may exist to require an election pursuant to article X, section 20 of the Colorado Constitution before the District and Subdistrict can impose such mill levies and special assessments as it has the authority to impose. The owners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to article X, section 20 of the Colorado Constitution. 5. The petitioners below comprise the owners of more than 50 percent of the territory proposed to be annexed excluding public streets and alleys, and are in fact owners of 100 percent of the territory proposed to be annexed, except as listed below. Owner Property Legal Descri tP ion Acres Percent of Total Area (may be referenced below and Proposed for Annexation attached Kenneth L. & Rana A. Bachman See attached 2.50 100 Totals 2.5 100 The undersigned request the City of Longmont approve the annexation of the area proposed to be annexed; the undersigned also request the zoning of A -Agricultural for the property. Date* Owner Signature /Alm - Owner Address 1762 Edgewater Place, Longmont, CO 80504 1762 Edgewater Place, Longmont, CO 80504 'Date of signing must be within 180 days of filing with the city_ OTARIZATION OR AFFIDAVIT OF ClCIRILATOR The undersigned circulator of the herein Petition certifies each signature therein is the person whose name it purports to be. STATE OF COLORADO COUNTY OF jiotLOFJZ Circulator, STATE OF 1ss Subscribed and sworn to before me this ILIat. / / , do (3 My Commission expires (,(u /0, do /3 Notary Public: Address of Notary: 01a4 Ores, tAy WimasoR to 8x55' aC day of CAROL R.TUHKANEN NOTARY PUBLIC STATE OF COLORADO My Co :._,fission Expires August 10, 2013 NOTE: THE PETITION MUST BE ACCOMPANIED BY AN ANNEXATION MAP CONTAINING THE FOLLOWING INFORMATION: 1. A legal description of the boundary of the area proposed to be annexed. 2. The boundary of the area proposed to be annexed, graphically depicted. 3. The location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries of the subdivision plat including lot and block numbers. 4. Next to the boundary of the area proposed to be annexed, a graphic depiction of the contiguous municipal boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. 5. A calculation of the total boundary perimeter of the area proposed to be annexed and the boundary perimeter contiguous to the annexing municipality. 6. Existing and proposed zoning of the area proposed to be annexed. CIVILARTS June 14, 2013 ENGINEERING PLANN NG SURVEYING P303.682.1131 F303.602 1149 EXHIBIT "A" info@c iv: arts. us www.civilarts.us LEGAL DESCRIPTION OF BACHMAN ANNEXATION 1860 Lefthand Circle, Suite A Longmont, CO 80501 A tract of land located in Section 18, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the W1/4 Corner of Section 18, from which the C1/4 Corner of said Section 18 bears N88° 10'31 "E, 2600.25 feet (Basis of Bearing), thence N00°11'12"W, 30.01 feet along the West Line of the NW1/4 of said Section 18 to the Westerly Extension of the Northerly Right -of -Way Line of Weld County Road 20.5; thence N88°10'31 "E, 2332.07 feet along said Northerly Right -of -Way Line of Weld County Road No. 20.5 to the West Line of Lot "A", Recorded Exemption No. 1313-18-2- RE3229, according to the recorded Plat thereof, being also a point on the City of Longmont Corporate Boundary, and the POINT OF BEGINNING. Thence along the Westerly, Northerly and Easterly Lines of said Lot "A" and continuing along said City of Longmont Corporate Boundary the following four (4) courses: 1) N01 °49'47"W, 255.76 feet to the Northwest Corner of said Lot "A"; 2) N88°10'31 "E, 275.61 feet to an angle point on said Northerly Line of Lot "A" and being also a point on the West Line of the NE1/4 of said Section 18; 3) N88°10'18"E, 150.84 feet to the Northeast Corner of said Lot "A"; 4) S01 °49'42"E, 255.76 feet to said Northerly Right -of -Way Line of Weld County Road 20.5; Thence along said Northerly Right -of -Way Line the following two (2) courses: 1) S88°10'18"W, 158.25 feet to the East Line of the NW1/4 of said Section 18; Cl'.,. Development Services for the Communities of the Future CA EXHIBIT "A" 2) S88°10'31"W, 268.19 feet to the POINT OF BEGINNING. Area = 109,067 square feet (2.504 acres), more or less. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Peter D. Steger Colorado Professional Land Surveyor No. 25379 1860 Lefthand Cir #A, Longmont, CO 80501 Date: 6/14/2013 File: 5397 -AA Bachman Annex.lgltxt.doc Project 539-7 DEPARTMENT OF ECONOMIC DEVELOPMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 385 Kimbark Street / Longmont, CO 80501 (303) 651-8330 / Fax # (303) 651-8696 E-mail: longmont.planning(aci.longmont co.us Web site: http://www.ci.longmont.co.us MEMORANDUM TO: Valeria Skin, City Clerk FROM: Ava Pecherzewski, Senior Planner DATE: November 14, 2013 RE: Bachman Annexation Noticing Pursuant to Colorado State Statutes 31-12-108.5, an annexation impact report is not required for annexations less than 10 acres. The proposed Bachman Annexation from Weld County is only 2.5 acres and therefore, no annexation impact report will be prepared for this annexation. Notice will still be published for four consecutive weeks until the hearing on December 17, 2013, in compliance with CRS 31-12-108. File: #3471 Hello