HomeMy WebLinkAbout20121591.tiff DON J. HOFF WELD COURT 0 25th Avenue. Greeley. Colorado 80634
ATTORNEY AT LAW �Q1111133IOMphone 970-356-6767 Fax 970-352-2851
1011 JUN 19 A % SO
RECEIVED
June 14, 2012
Clerk to the Board of County Commissioners
P . O. Box 758
Greeley, CO 80632
RE: Town of Kersey
Family Dollar Annexation
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,
not 9 Wag
Don J. Hoff
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Encs.: Annexation Petition
Notice of Public Hearing
Kersey Resolution
Impact Report
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2012-1591
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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
K.r Fs ;t1 O.t\ t- 1. Four (4) copies of said map are 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
(Exhibit"A"must be an original printed property description on 8-1/2 x 11 white paper.)
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 the tract or parcel of real estate or two or more contiguous tracts
or parcels of real estate, has/have been divided into separate parts of 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 tractor 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 building 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.
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ersey�".
6, The territory proposed to be annexed does not include any area included in another annexation
proceeding involving a 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 property owned by each petitioner (when there is more than one petitioner) is described on
each separate exhibit fully describing the property.
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 undersigned is the owner(s) of one hundred percent (100%) of the territory included in the
area proposed to be annexed exclusive of streets and alleys.
Accompanying this petition are 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 unplatted 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
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.
own of
Land Owner(s)Name(s) and Signature(s) Mailing Address Da e
(..i. S Ty. C 1,03 OM 5I-I KcJwi,LoS1144,4 3 zz.
The foregoing signature(s) was/were subscribed and sworn to before me this day of
,20 by
Witness my hand and official seal.
My commission expires:
Notary Public
KERSEY FAMILY DOLLAR ANNEXATION
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATED IN THE SOUTHWEST 1/4 OF SECTION 16, T.5N., R.64W.,
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 16, T.5N., R.64W., OF THE
6TH PRINCIPAL MERIDIAN;
THENCE S89°40'08"W ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID
SECTION 16, A DISTANCE OF 87.82 FEET TO THE POINT OF BEGINNING;
THENCE S89°40'08"W ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION
16, A DISTANCE OF 2496.06 FEET;
THENCE N00°25'45"W ALONG A PORTION OF THE WEST LINE OF A TRACT OF LAND
DESCRIBED AS TRACT 1, IN DEED RECORDED AT RECEPTION NO. 02324944, WELD
COUNTY CLERK AND RECORDER'S OFFICE, A DISTANCE OF 200.00 FEET;
THENCE N44°37'11"E ALONG SAID WESTERLY TRACT LINE, A DISTANCE OF 70.66
FEET TO A POINT ON THE SOUTH R.O.W. LINE OF COLORADO STATE HIGHWAY 34;
THENCE N89°40'08"E ALONG SAID SOUTH R.O.W. LINE A DISTANCE OF 2396.48 FEET
TO THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 2 IN SAID
DEED RECORDED AT REC. NO. 02324944;
THENCE S45°19'52"E ALONG SAID EASTERLY TRACT LINE, A DISTANCE OF 70.71
FEET;
THENCE S00°19'52"E ALONG SAID EASTERLY TRACT LINE, A DISTANCE OF 200.01
FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS (621,584 SQUARE FEET) 14.2696 ACRES, MORE OR LESS.
BASIS OF BEARING: CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 16,
TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN TO BEAR S89°40'08"W AND
WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO.
DATE PREPARED: MARCH 20, 2012
DATE OF LAST REVISION:
PREPARED BY: CHARLES N. BECKSTROM, PLS NO. 33202
FOR AND ON BEHALF OF
ENGINEERING SERVICE COMPANY
1300 SOUTH POTOMAC STREET, SUITE 126
AURORA, COLORADO 80012
PHONE: 303-337-1393
cbeckstrom@engineeringserviceco.com
NOTICE OF PUBLIC HEARING
NOTICE is hereby given that on the 24th day of June, 2012, at 7:00 p.m. at the
Kersey Town Hall, 332 Third Street, Kersey, Colorado, the Board of Trustees of the Town of
Garden City will hold a public hearing on a Petition for Annexation of territory known as the
"Kersey Family Dollar 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. 31-12-105 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 proposed to be annexed is described as follows:
A parcel of land situated in the Southwest 1/4 of Section 16, T.5N., R.64W., of
the 6th Principal Meridian, County of Weld, State of Colorado and being more
particularly described as follows:
Commencing at the South 1/4 Corner of Section 16, T.5N., R.64W., of the 6th
Principal Meridian;
Thence 589°40'08"W along the South line of the Southwest 1/4 of said Section
16, a distance of 87.82 feet to the point of beginning;
Thence S89°40'08"W along the South line of the Southwest 1/4 of Section 16, a
distance of 2496.06 feet;
Thence N00°25'45"W along a portion of the West line of a tract of land described
as Tract 1, in Deed recorded at Reception No. 02324944, Weld County Clerk and
Recorder's Office, a distance of 200.00 feet;
Thence N44°37'11"E along said Westerly tract line, a distance of 70.66 feet to a
point on the South R.O.W. line of Colorado State Highway 34;
Thence N89°40'08"E along said South R.O.W. line a distance of 2396.48 feet to
the Northeast comer of a tract of land described as Tract 2 in said Deed recorded
at Reception No. 02324944;
Thence S45°19'52"E along said Easterly tract line, a distance of 70.71 feet;
Thence S00°19'52"E along said Easterly tract line, a distance of 200.01 feet to the
point of beginning.
Parcel contains (621,584 Square Feet) 14.2696 acres, more or less.
Basis of Bearing: Considering the South line of the Southwest Quarter of Section
16, Township 5 North, Range 64 West of the Sixth Principal Meridian to bear
S89°40'08"W and with all other bearings contained herein relative thereto.
The Petition for Annexation and accompanying map of the area proposed to be annexed
is on file with the Town Clerk at the 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 12th day of June, 2012.
Julie Piper Town Clerk
RESOLUTION NO.
A RESOLUTION FINDING THAT THE PETITION FOR
ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE
"KERSEY FAMILY DOLLAR ANNEXATION'"TO THE TOWN OF
KERSEY" 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 owner of one hundred percent (100%) of the property known as the
Family Dollar Annexation to the Town of Kersey has filed a Petition for Annexation of the
described property to the Town of Kersey; and,
WHEREAS, the Board of Trustees finds that the petition substantially complies with
C.R.S. 31-12-107O) 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 IT 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 24th day of
July, 2012, at the hour of 7:00 p.m. at the Kersey 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 to be annexed is described as follows:
A tract of land situated in the Southwest Quarter of Section 16, T5N, Range 64 West of
the 6th P.M., County of Weld, State of Colorado.
The property to be annexed is a strip of property lying north of Hill Street and south of
Colorado State Highway 34, and being east of Ninth Street and west of First Street, containing
14.2696 acres. The property is more particularly described in the Notice attached to this
Resolution.
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/Central Weld Voice, the designated
newspaper for the Town of Kersey.
1
PASSED, ADOPTED AND APPROVED THIS 12th DAY OF JUNE, 2012.
TOWN OF KERSEY
By:
Mayor
ATTEST:
Town Clerk
2
IMPACT REPORT
OF THE
FAMILY DOLLAR ANNEXATION
The proposed annexation is known as the Kersey Family Dollar Annexation to the Town of
Kersey and involves the annexation of approximately 14 acres of property(including right-of-way
annexed) 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 map proposed streets, lots and blocks. No new streets are anticipated
as a result of this annexation.
C. Water service will be connected to the Town of Kersey, but no map showing proposed
water mains, sewer mains or utility easements was provided.
D. Sanitary sewer services will be provided by the Town of Kersey.
E. The owners have requested that the property be zoned Commercial as a portion of the
annexed property will consist of a Family Dollar retail outlet.
F. All municipal services currently provided to residents of the Town of Kersey will be
extended to the territory proposed to be annexed.
G. No draft of a pre-annexation agreement is available at the time of this report.
H. Water and sanitary sewer extensions, streets and all other infrastructure improvements
will be built by the owner or developer and no financing of such infrastructure improvements by the
Town of Kersey is anticipated.
I. The districts which exercise control over the property to be annexed include:
1. Aims Community College
2 Central Weld County Water District
3. High Plains Library District
4. Northern Colorado Water Conservancy District
5. Platte Valley Fire Protection District
6. Platte Valley School District RE-7
7. Weld County Government(Attorney)
8. West Greeley Conservation District
J. The only immediate development will be the Family Dollar store. The entire parcel
will be zoned Commercial and no new students will be generated as a result of the annexation.
Dated: June 21,2012
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