HomeMy WebLinkAbout20121842.tiff of WELD COUNTY Community Bighton Development
COMMISSIONERS
500 South 4th Avenue
Brighton,CO 80601
Brighton- 2012 JUL 12 P 12 Ob 303 655 2059 Office
wwwbrightonco.gov
RECEIVED
July 9,2012
Weld County Board of County Commissioners
Weld County Attorney
Central Colorado Water Sub District
Central Colorado Water Conservancy District
Greater Brighton Fire Protection District
High Plains Library District
School District 27J
West Adams Conservation District
Re: Annexation Notification for the Diesel Service and Supply Property
To Whom It May Concern:
Per CRS §31-12-108(2), your agency is required to obtain a copy of the resolution for publication and the
petition for annexation for property to be known as the Diesel Service and Supply Property.
If you have any questions or concerns please feel free to call (303)655-2058.
Sincerely,--41-7\icack
Hazel Leem
Associate Planner
Enclosed:
• Copy of Notice of Public Hearing in the form of a resolution(to be published in the Denver Post
on July 8, 18,25 and August 1, 2012)
• Copy of Annexation Petition(exclusive of the signature)
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A D M I N i S T R A T 1 O N • BUILDING • ENGINEERING • PLANNING
OUR MISSION INTEGRITY - VISION = STEWARDSHIP = A PROGRESSIVE COMMUNITY
BRIGHTON CITY COUNCIL RESOLUTION
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO FINDING THAT THE ANNEXATION PETITION FOR THE `DIESEL
SERVICE AND SUPPLY PROPERTY' IS IN SUBSTANTIAL COMPLIANCE WITH
THE APPLICABLE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION
ACT; SETTING A PUBLIC HEARING FOR AUGUST 7, 2012, TO DETERMINE IF
THE ANNEXATION OF THE APPROXIMATE 3.040 ACRE PARCEL, KNOWN AS
THE DIESEL SERVICE AND SUPPLY PROPERTY, COMPLIES WITH THE
STATUTORY REQUIREMENTS FOR ANNEXATION; AND SETTING FORTH
OTHER DETAILS RELATED THERETO.
RESOLUTION NO.: 2012-47
WHEREAS, on February 17, 2012, pursuant to the Colorado Municipal Annexation Act,
C.R.S. 31-12-101 et seg. (the "Annexation Act"), Edward Vecchiarelli (the "Owner") submitted
a petition for annexation (the "Petition"), attached hereto as EXHIBIT A and incorporated
herein by this reference; and
WHEREAS, the Petition is signed by Edward Vecchiarelli, as owner of 100% of the area
proposed to be annexed, and requests the annexation of an approximately 3.040 acre parcel of
contiguous unincorporated territory situated, lying, and being in the County of Weld, State of
Colorado, as more particularly described in EXHIBIT B, attached hereto (the "Diesel Supply
and Service Property"), into the City of Brighton; and
WHEREAS, the City Council of the City of Brighton has reviewed the Petition, as
presented by the Owner, and has determined that the Petition, as presented by the Owner,
complies with the applicable provisions of the Annexation Act [C.R.S. §31-12-107(1)]; and
WHEREAS, the City Council desires to adopt, by resolution, its findings in regard to
such Petition and to set a public hearing to review the annexation.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Brighton,
Colorado, as follows:
Section 1. The Petition, attached hereto and incorporated herein by reference as EXHIBIT A, is
in substantial compliance with the applicable provisions of the Colorado Annexation Act [C.R.S.
§31-12-107(1)].
Section 2. The City Council of the City of Brighton, Colorado will hold a public hearing for the
purpose of determining if the proposed annexation complies with the Annexation Act. Any
person may appear at such hearing and present evidence relative to the proposed annexation.
The public hearing will be held at the following time, date, and place:
Tuesday, August 7, 2012, 7:00 p.m.
City Council Chambers
500 South 4th Avenue
Brighton, Colorado 80601
Section 3. Upon completion of the public hearing, the City Council of the City of Brighton,
Colorado shall set forth, by resolution, its findings of fact and its conclusion based thereon with
reference to the eligibility of the proposed annexation, whether the applicable statutory
requirements of the proposed annexation have been met, and whether or not an election for the
annexation is required.
RESOLVED THIS 19TH DAY OF JUNE,2012.
CITY OF BRIGHTON, COLORADO
BY:
/s/Richard N. McLean, Mayor
ATTEST:
/s/Natalie Hoel, City Clerk
APPROVED AS TO FORM:
/s/Margaret R. Brubaker, Esq., City Attorney
EXHIBIT A
Annexation Petition
A complete copy of EXHIBIT A(Annexation Petition)may be obtained for public inspection in
the Office of the City Clerk (500 S. 4th Avenue) during normal business hours.
EXI-HBIT B
Legal Description
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 61H PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO. SAID PARCEL ONE CONTAINS APPROXIMATELY
3.040 ACRES.
A complete copy of EXHIBIT B (Legal Description)may be obtained for public inspection in
the Office of the City Clerk(500 S. 4th Avenue) during normal business hours.
PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY
IN THE COUNTY OF ADAMS/WELD,STATE OF COLORADO,
TO THE CITY OF BRIGHTON,STATE OF COLORADO
(100%OF LANDOWNERS)
TO THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BRIGHTON,
COLORADO:
The undersigned, in accordance with the Municipal Annexation Act of 1965, Chapter
31, Article 12, of the Colorado Revised Statutes, 1973, as amended, hereby petition the City
Council of the City of Brighton for annexation to the City of Brighton of the following
described land located in the County of(strike non-applicable county) Adams/Weld, State of
Colorado,and further state:
1. The legal description of the land which the landowners) request to be annexed to the
City of Brighton is attached hereto as EXHIBIT "A", hereinafter referred to at the
"Property„
2. It is desirable and necessary that the Property be annexed to the City of Brighton,
Colorado;
3. The following requirements of C.R.S.Section 31-12-104 exists or have been met:
A. Not less than one-sixth(1/6)of the perimeter of the Property is contiguous with
the City of Brighton,Colorado;
B. A community of interest exists between the Property and the City of Brighton,
Colorado. The Property is urban or will be urbanized in the near future, and the
Property is integrated or is capable of being integrated with the City of Brighton,
Colorado;
4. The signers of the Petition comprise the landowners of one hundred percent (100%) of
the Property(exclusive of streets and alleys) and said landowners attesting to the facts
and agreeing to the conditions herein contained will negate the necessity of any
annexation election;
5. None of the limitations provided in C.R.S. Section 31-12-105 are applicable and the
requirements of that statute have been met because of the following:
A. The annexation of the Property will not result in the Property being divided into
separate parts or parcels under identical ownership without the written consent
of the landowners thereof;
B. No land area within the Property held in identical ownership,whether consisting
of one tract or parcel of real estate or two or more contiguous tracts or parcels of
P:\Cowwnnity Deuelopwent\Plwrning\FORM51 Tenipintel Aunexl Petition(FINAL,CA APPROVED).dte
real estate comprising 20 acres or more and having a valuation for assessment in
excess of$200,000 for ad valorem tax purposes has been included in the area of
the Property to be annexed without the written consent of the landowners
thereof;
C. No annexation proceedings have been commenced for annexation of any part of
the Property by any other municipality;
D. The entire width of all streets and alleys to be included within the Property are
included;
E. The annexation of the Property will not result in the detachment of area from
any school district or the attachment of same to another school district;
F. Annexation by the City of the Property will not have the effect of, and will not
result in,the denial of reasonable access to landowners, owners of an easement,
or owners of a franchise adjoining a platted street or alley, inasmuch as
annexation of the Property will not result in annexation of a platted street or
alley which is not bounded on both sides by the City.
6. The annexation of the Property will not have the effect of extending a boundary of the
City more than three miles in any direction from any point of the municipal boundary in
the past twelve(12)months.
7. The area proposed to be annexed is comprised of(check one):
_ MORE THAN TEN ACRES AND THE BOARD OF COUNTY
COMMISSIONERS OF ADAMS/WELD (circle appropriate jurisdiction)
COUNTY HAS AGREED TO WAIVE THE REQUIREMENT OF AN IMPACT
REPORT AS PROVIDED FOR IN SECTION 31-12-108.5, C.R.S,. AS
AMENDED.(Copy of resolution approving such waiver is provided.)
MORE THAN TEN ACRES AND AN IMPACT REPORT AS
PROVIDED FOR IN SECTION 31-12-105.5, C.R.S., AS AMENDED, IS
REQUIRED.
JC TEN ACRES OR FEWER AND AN IMPACT REPORT AS
PROVIDED FOR IN SECTION 31-12-105.5, C.R.S., AS AMENDED, IS NOT
REQUIRED.
8. The Property is located within special districts as indicated on EXHIBIT"B",attached
hereto,and within the County of(check one):
Adams
Annexation Petition
Page 2
Weld
and no others;
9. 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;
10. Accompanying this Petition are (4) four copies of the annexation boundary map in the
form required by C.R.S. Section 31-12-102(lxd) and attached hereto as EXHIBIT
"C", containing the following information:
A. A written legal description of the boundaries of the Property;
B. A map showing the boundary of the Property,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 be platted, then
the boundaries and the plat number of plots or of lots and blocks are shown;
D. Next to the boundary of the Property is drawn the contiguous boundary of the
City of Brighton and the contiguous boundary of any other municipality abutting
the area proposed to be annexed;and
E. The dimensions of the contiguous boundaries are shown on the map.
11. The Property is not presently a part of any incorporated city, city and county or town;
12. The undersigned agree to the following conditions, which shall be covenants running
with the land,and which shall,at the option of the City,appear on the annexation map:
A. All water rights associated with the Property shall be transferred to the City,
pursuant to City ordinances;
13. The undersigned and the City may enter into an Annexation Agreement prior to
the effective date of this annexation, as provided for in Chapter 31-12-112(2),
Colorado Revised Statutes, as amended.
13. Petitioner represents that: (Check one)
XNo part of the property to be annexed is included within any site-specific
development plan approved by Adams/Weld County,Colorado.
A site-specific development plan has been approved by Adams/Weld
County,Colorado, which has created a vested right.
EXECUTED this 02(� day of 2tm ,20 I( .
[SIGNATURE PAGES FOLLOW THIS PAGE]
Annexation Petition
Page 3
EXHIBIT B
Legal Description
PROPERLY DESCRIPTION
A parcel of land being located in Southeast Quarter (SE1/4) of Section Thirty-one (31). Township
One North (T.1N.), Range Sixty-six West (R.66W.) of the 6th P.M., County of Weld, State of
Colorado, and being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 31 and Assuming the South line of said
SE1/4 of Section 31 as bearing S 89'28'45' West being a Grid Bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2671.66 feet with
all other bearings contained herein relative thereto.
THENCE South 89'28'45—West, along said South line, a distance of 940.30 feet;
THENCE North 00'31'15•West, a distance of 30.00 feet to the North Right—of—Way (ROW) line of
East 168th Avenue (County Rood 2) and the POINT OF BEGINNING;
THENCE South 89'28'45"West, along said North ROW line, a distance of 445.02 feet to the Easterly
ROW of the Union Pacific Railroad;
THENCE North 13'16'16••East, along said Easterly ROW line, a distance of 336.71 feet;
THENCE North 89'28'45"East, a distance of 364.73 feet;
THENCE South 00'31'15••East, a distance of 327,00 feet to the POINT OF BEGINNING.
Said parcel containing 132,434 Sq. Ft. or 3.040 Acres, more or less.
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