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Home My WebLink About20121187 (;'n of WELD COUNTY G reeley ..0r1MISSIONERS tilt APR 30 A O 43 RECEIVED April 20, 2012 To whom it may concern: The Greeley City Council received a petition for annexation of properties located generally north of F Street, west of 25th Avenue, and east of 35th Avenue known as the Poudre Ponds 1St and 2nd Annexations. Your taxing jurisdiction/district is listed as being one of which the territory proposed for annexation is a part. A public hearing will be held on Tuesday, May 22, 2012, to determine whether these properties are eligible for annexation. A copy of the notice of public hearing, the resolution finding substantial compliance with State annexation laws, and copies of each petition as filed are attached. As indicated in the notice and resolutions, the public hearings will be held: May 22, 2012 6:30 p.m. Lincoln Park Annex 919 7th Street Greeley, Colorado If additional information is desired or if you have questions,please call the City Clerk's Office at 970.350.9743. sly, n, C Deputy ity Clerk Attachments Notice of Public Hearing Resolution Annexation Petitions SO1LI C,h1�\\J-vc rv\ .-Wk CRt,vit,w -Li -a-i F 5.1 .1 a �" 2012-1187 NOTICE Notice is hereby given that the City Council of Greeley, Colorado, will hold a public hearing on a proposed annexation of territory to the City of Greeley. The hearing shall be held on May 22,2012, in the City Council Chambers of the Lincoln Park Annex Building, 919 7th Street, in the City of Greeley,Colorado,beginning at 5:00 p.m.or as soon thereafter as the matter can be heard by the City Council on that date. The purpose of the hearing is to determine whether said properties are eligible for annexation under Colorado law. Persons wishing to examine the annexation petition,resolution, and any exhibits thereto, may do so at the office of the City Clerk during business hours. This territory is described in an annexation petition which has been filed with the City Clerk as: ■ The "Poudre Ponds ls`and 2n° Annexations", located generally north of F Street, west of 25th Avenue, and east of 35`h Avenue. Dated this 17th day of April, 2012. Betsy Holder City Clerk CITY OF GREELEY,COLORADO RESOLUTION NO. 79,2012 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS FOR PROPERTY KNOWN AS THE POUDRE PONDS 1sT AND 2"n ANNEXATIONS LOCATED NORTH OF F STREET,WEST OF 25TH AVENUE, AND EAST OF 35TH AVENUE . WHEREAS,the City of Greeley,Cottonwood Land and Farms LLC,Double SM Farms,and Weld County have submitted an annexation petition to the City of Greeley for annexation of property located north of F Street,west of 25th Avenue, and east of 35th Avenue; SEE ATTACHED LEGAL DESCRIPTIONS FOR POUDRE PONDS ANNEXATION WHEREAS,the City of Greeley staff has found substantial compliance of the annexation petition in conformance with C.R.S. § 31-12-101, et seq.; and WHEREAS, C.R.S. § 31-12-108 requires that the City Council establish a date,time,and place to hold a hearing to determine if the proposed annexation complies with C.R.S. §§ 31-12- 104 and 31-12-105,or such parts thereof,to establish eligibility for annexation to the City of Greeley;and WHEREAS,the City Clerk shall deliver notice and publish the date,time,and place for said hearing. NOW THEREFORE,BE IT RESOLVED BY THE GREELEY CITY COUNCIL OF THE CITY OF GREELEY,COLORADO. 1. The annexation petition is found to substantially comply with C.R.S. §§ 31-12-104 and 31-12-105. 2. The public hearing for consideration of the proposed annexation petition is hereby set for May 22,2012, at the Greeley City Council Chambers,919 7th Street, Greeley,Colorado, during a special City Council meeting beginning at 5:00 p.m. 3. The City Clerk is hereby authorized to publish and notify required parties pursuant to C.R.S. § 31-12-108(2). 4. This resolution shall become effective immediately upon its passage. PASSED,AND ADOPTED, SIGNED AND APPROVED this 17th day of April ,2012. ATTEST: THE CITY OF OF GREELEY, COLORADO By: %ta Q . By:J-449.727 %( 17Ch City Cle Mayor 33 PROPERTY DESCRIPTION (Poudre Ponds V'Annexation) A parcel of land being located in Section Thirty-six(36),Township Six North(T.6N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6°i P.M.), County of Weld,State of Colorado and being more particularly described as follows: COMMENCING at the Center-South Sixteenth(CS 1/16)corner of said Section 36 and Assuming the South line of the North Half(Nl/2)of the Southwest Quarter(SW 1/4)of Section 36,T. 6N.,R. 66W.as bearing South 89°38'58"West being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2007,a distance of 2622.16 feet with all bearings contained herein relative thereto; THENCE North 01°11'46"West along the East line of said SW I/4,a distance of 30.00 feet to the POINT OF BEGINNING; • THENCE South 89°38'58"West parallel with and 30.00 feet North of the South line of said Nl/2 a distance of 1328.41 feet; THENCE North 19°54'04"East a distance of 1687.27 feet to the Southerly line of that parcel described in Special Warranty Deed recorded November 8,2001 under Reception No.2899270 of the Weld County Clerk and Recorders Office(WCCR); THENCE along said Southerly line the following Two(2)Courses: THENCE South 76°56'48"East a distance of 250.83 feet THENCE North 83°01'37"East a distance of 607.93 feet to the Southeast corner of said parcel; THENCE South 83°45'10"East a distance of 1111.79 feet to the West Right-of-Way line of North 25th Avenue; THENCE along said Right-of-Way line the following Two(2)Courses: THENCE South 05°51'15"East a distance of 178.80 feet; THENCE South 03°55'28"East a distance of 798.24 feet to the North line of Recorded Exemption No.0805-36-4 RE-4316 as recorded under Reception No:3384956,WCCR; THENCE South 89°40'45"West along the North line of said Recorded Exemption and the North line of Pulliam Subdivision Second Filing as recorded under Reception No. 1483098,WCCR,a distance of 1282.12 feet to the Northwest Corner of said Pulliam Subdivision Second Filing,being • a point on the East line of the SW1/4 of said Section 36;; THENCE South 01°11'46"East along the East line of said SW 1/4/4 a distance of 493.25 feet to the POINT OF BEGINNING; I, Said parcel of land contains 66.854 Acres,more or less(±). SURVEYORS STATEMENT I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. U:\GreeleyWestpit\Second Resubmittal\POUDRE PONDS 1ST ANNEX.doc Last printed 4/5/2012 8:17:00 AM 3c( • • • Lawrence S.Pepek-on behalf of King Surveyors,Inc. Colorado Registered Professional Land Surveyor#33642 KING SURVEYORS,INC. • 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 IN:2011101 U:\GreeleyWestpit\Second Resubmittal\POUDRE PONDS 1ST ANNEX.doc Last printed 4/5/2012 8:17:00 AM 35- PROPERTY DESCRIPTION (Poudre Ponds 2n°Annexation) A parcel of land being located in Section Thirty-six(36),Township Six North(T.6N.),Range Sixty-six West(R.66W.)of the Sixth Principal Meridian(6a'P.M.),County of Weld,State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter(W1/4)corner of said Section 36 and Assuming the West line of the Northwest Quarter(NW 1/4)of Section 36,T.6N.,R.66W.as bearing North 00°06'57"East being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/2007,a distance of 2680.23 feet with all bearings contained herein relative thereto; • THENCE North 89°49'19"East along the South line of said NW 1/4,a distance of 30.00 feet to the East Right-of-Way line of North 35th Avenue and the POINT OF BEGINNING; THENCE North 00°06'57"East along said East Right-of-Way line,parallel with and 30.00 feet FA St of the West line of said NW 1/4 a distance of 2174.65 feet to the South line of Lot A of Recorded Exemption No. 0805-25-3 RE-3074 recorded under Reception No.2867578 of the Weld County Clerk and Recorders Office(WCCR); THENCE along the South and East lines of said Lot A the following Two(2)courses: THENCE South 89°47'14"East a distance of 1241.30 feet; THENCE North 00°32'17"West a distance of 505.42 feet to the West Sixteenth(W1/16)corner of said Section 36; THENCE South 89°47'14"East along the North line of the NW 1/4 of said Section 36,a distance of 1265.53 feet to the west line of that parcel described in Quitclaim Deed recorded October 22, 2001 under Reception No. 2893967 Weld County Clerk and Recorders Office(WCCR); THENCE along the West and South lines of said parcel the following Two(2)courses: THENCE South 01°11'46"East a distance of 657.84 feet; THENCE North 89°49'16"East a distance of 72.45 feet to that parcel described in Quitclaim deed recorded October 26, 1990 under Reception No.02231206,WCCR; THENCE along the Southerly line of said parcel the following Four(4)courses: THENCE South 55°55'44"East a distance of 150.01 feet; • THENCE along the Southerly line of said parcel the following THENCE North 84°04'16"East a distance of 328.00 feet; THENCE South 83°55'44"East a distance of 213.00 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 511.41 feet,having a Radius of 750.00 feet,a Delta of 39°04'09"and a Long Chord that bears South 64°23'40"East a distance of 501.56 feet to the West Right-of-Way line of North 25th Avenue; THENCE along said West Right-of-Way line the following Seven(7)courses: THENCE South 09°26'36"West along a line being non-tangent to aforesaid curve,a distance of 99.42 feet; U:\GreeleyWestpit\Second Resubmittal\POUDRE PONDS 2ND ANNEX.doc Last printed 4/5/2012 8:16:00 AM 1 THENCE South 08°17'16"West a distance of 99.74 feet; THENCE South 05°05'16"West a distance of 134.96 feet; THENCE South 00°25'14"East a distance of 135.96 feet; THENCE South 05°57'58"East a distance of 466.81 feet; THENCE South 07°30'44"East a distance of 377.84 feet; THENCE South 05°51'14"East a distance of 242.56 feet to the North line of the Cottonwood Pits Annexation-I as recorded under Reception No. • THENCE along said North line the following Four(4)courses: THENCE North 83°45'10"West a distance of 1111.79 feet; THENCE South 83°01'37"West a distance of 607.93 feet; THENCE North 76°56'48"West a distance of 250.83 feet; • THENCE South 19°54'04"West a distance of 1687.27 feet to the North line of the Thissen Annexation as recorded under Reception No. 3502501,WCCR; THENCE South 89°38'58"West along said North line a distance of4.45 feet; THENCE North 73°46'07"West a distance of 1310.24 feet to the East Right-of-Way line of North 35th Avenue; THENCE North 00°05'32"East along said East Right-of-Way line,a distance of 939.97 feet to • the POINT OF BEGINNING; Said parcel of land contains 221.286 Acres,more or less(±). SURVEYORS STATEMENT I,Lawrence S.Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. Lawrence S.Pepek-on behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#33642 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 JN: 2011101 U:\OreeleyWestpit\Second Resubmittal\POUDRE PONDS 2ND ANNEX.doc Last printed 4/5/2012 8:16:00 AM 37 PETITION FOR ANNEXATION POUDRE PONDS 1ST ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: The undersigned(collectively, the"Petitioners"),in accordance with Title 31, Article 12, Chapters 101 et.seq.,Colorado Revised Statutes, 1973, as amended,hereby petition the City Council of the City of Greeley for annexation to the City of Greeley of the territory described herein and described and shown on the map designated, ")'oudre Ponds 1"Annexation." The applicable number of said map(at least four)are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation to the City of Greeley 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 City of Greeley. 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 City of Greeley. B. A community of interest exists between the territory proposed to be annexed and the City of Greeley. 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 City of Greeley. 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. (00049684.DOC:1 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 City of Greeley 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 other than the City of Greeley. 7. The territory proposed to be annexed is not presently a part of any incorporated city,city and county,or town. 8. The property owned by each petitioner is described on each separate signature sheet and, when needed, described more fully in the exhibits attached hereto and incorporated herein by reference. 9. The signer(s)of this petition comprise(s) more than fifty percent(50%)of the land owners and owning more than fifty percent(50%)of the property, excluding public streets and alleys, and any land owned by the annexing municipality,and are, in fact,owners of one hundred percent(100%)of the property set forth in Exhibit A attached hereto and incorporated herein by reference. 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 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. t00049684.DOC:1) 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 City of Greeley. F. Acceptance block describing the acceptance action of the City of Greeley in form and substance as provided in Appendix A of the Subdivision Regulations of the City of Greeley and providing for the effective date and City Clerk and Mayor attest signatures. 10. Except as otherwise provided,no part of the territory sought 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 become effective. 11. As an expressed condition of annexation,land owner(s) consent(s)to inclusion into the Northern Colorado Water Conservancy District and the municipal subdistrict pursuant to Section 3745-136(3.6) C.R.S. Land owner(s)acknowledge(s)that,upon inclusion into the district and subdistrict, land owner's(s')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 land owner's(s)lands. Land owner(s)agree(s)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. Land owner(s) also agree(s) to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20,of the Colorado Constitution. 12. Petitioners have filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the City approves I-M zoning with conditions for the Property approved that are solely acceptable to Petitioners. (b) Petitioners hereby reserve the sole, exclusive and unilateral right to withdraw this petition by so notifying the City Clerk in writing at any point prior to the later to occur of forty (40) days after the latest effective date of the final ordinance(s) approving annexation of the Property or zoning of the Property as requested pursuant to this Petition. THEREFORE,the undersigned respectfully petition(s)and requests the City Council of the City of Greeley,to approve annexation of the territory described and referred to in Exhibit A to the City of Greeley in accordance with and pursuant to the statutes of the State of Colorado. (000496114.DOC:I} Land Owner(s)Name(s) and Signature(s) Mailing Address Date of /-r,�vM Signing // tic C u7-f .� �.t.po .,�,p5 S, 2O 4x -2z9 a J-1;r U S>30(0 VS/it Dokiie 541 T w44.5 CI C_ /2,z). /,v 22.9 ,...a,/t a &> 9/3/n— /-2e--17/4 119j�v/ Mti.fl`3t 9/3/12 The foregoing signature(s) was/were subscribed and sworn to before me this ,311 day of pAP✓II , 201Z, by WiUTAM 1I . NtC{Jewell as A/(ANacQi}/ 0 CoHQNw&� L ANA t f0wn-ts, Luc., aN& Louid..e Snn. fiayt" S, LLL Witness my hand and official seal. L/iAio, . 7 My commission expires /Zl/ ZO1 3 . Notary Publ . �1YG� NOTARY ': pUBLI {00049684.DOC:I} AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF WELD /7`Gc // being first duly sworn, states upon oath that he/she is the circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purports it to be. 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I;~ �F-f.. #~• ~r• •9#.jiall� 3 �J 1 1 .,-eil 1111 7 1 Poudre Ponds 1st and 2nd Annexations N SITE Parcels A 0 750 1,500 3,000 Feet IIIIIIIII CITY OF GREELEY ANNEXATION INFORMATION SHEET The following information is required to process the annexation of land into the City of Greeley. This sheet must be attached to a completed annexation petition. TO BE COMPLETED BY APPLICANT Date March 28, 2012 1. Name of Annexation Poudre Ponds P1 Annexation 2. Name of Property Owner(s) Double SM Farms / Cottonwood Land & Farms, LLC 3. Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary): Cottonwood Land & Farms, LLC Parcel — 1013 N. 25`h Avenue Double SM Farms Parcel - Not Addressed, lies Southeasterly to Cottonwood Land & Farms, LLC Parcel. 4. Person to Contact (Name, Address and Phone) Bill McDowell P.O. Box 229, Boulder, Colorado 80306 303-499-1441 5. Size (in acres) 66.854 Acres Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an annexation impact report. The annexing body and the County Commissioners may agree to waive such report, but a letter to that effect must accompany this petition. Check One: [ x ] Land Owner-Initiated [ ] Municipally Owned (C.R.S. 31-12-106) [ ] Enclave (C.R.S. 31-12-106) 6. Attach a list of all special districts (including school districts) of which the territory proposed for annexation is part. 7. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. 8. Attach a description of the intended use and development of the territory proposed for annexation. Such a description should be as complete as possible and include: # The location of existing streets and utility lines. # Existing and proposed land use patterns and existing zoning. # Size of commercial or industrial facilities. # Estimated number of school students generated. # Number of dwelling units. PROPERTY DESCRIPTION (Poudre Ponds 1" Annexation) A parcel of land being located in Section Thirty-six (36), Township Six North (T.6N.), Range Sixty-six West(R.66W.) of the Sixth Principal Meridian (6"' P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Center-South Sixteenth (CS 1/16) corner of said Section 36 and Assuming the South line of the North Half(N1/2) of the Southwest Quarter(SW 1/4) of Section 36, T. 6N., R. 66W. as bearing South 89°38'58" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2622.16 feet with all bearings contained herein relative thereto; THENCE North 01°11'46" West along the East line of said SW 1/4,/4, a distance of 30.00 feet to the POINT OF BEGINNING; THENCE South 89°38'58" West parallel with and 30.00 feet North of the South line of said N1/2 a distance of 1328.41 feet; THENCE North 19°54'04" East a distance of 1687.27 feet to the Southerly line of that parcel described in Special Warranty Deed recorded November 8, 2001 under Reception No. 2899270 of the Weld County Clerk and Recorders Office (WCCR); THENCE along said Southerly line the following Two (2) Courses: THENCE South 76°56'48" East a distance of 250.83 feet; THENCE North 83°01'37" East a distance of 607.93 feet to the Southeast corner of said parcel; THENCE South 83°45'10" East a distance of 1111.79 feet to the West Right-of-Way line of North 25th Avenue; THENCE along said Right-of-Way line the following Two (2) Courses: THENCE South 05°51'15" East a distance of 178.80 feet; THENCE South 03°55'28" East a distance of 798.24 feet to the North line of Recorded Exemption No. 0805-36-4 RE-4316 as recorded under Reception No. 3384956, WCCR; THENCE South 89°40'45" West along the North line of said Recorded Exemption and the North line of Pulliam Subdivision Second Filing as recorded under Reception No. 1483098, WCCR, a distance of 1282.12 feet to the Northwest Corner of said Pulliam Subdivision Second Filing, being a point on the East line of the SW1/4 of said Section 36;; THENCE South 01°11'46" East along the East line of said S W 1/4 a distance of 493.25 feet to the POINT OF BEGINNING; Said parcel of land contains 66.854 Acres, more or less (±). SURVEYORS STATEMENT I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief U:\CireeleyWestpit\Second Resubmittal\POUDRE PONDS 1ST ANNEX.doc Last printed 4/3/2012 12:09:00 PM Lawrence S. Pepek- on behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#33642 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2011101 U:\GreeleyWestpit\Second Resubmittal\POUDRE PONDS 1ST ANNEX.doc Last printed 4/3/2012 12:09:00 PM AUTHORIZATION TO WITHDRAW FROM FIRE DISTRICT The undersigned hereby request and authorize the City of Greeley to petition for the withdraw of territory described herein on Exhibit A from the Western Hills Fire Protection District upon successful annexation of the same property into the City of Greeley. Fee$500.00 Land Owner(s)Name(s)and Signature(s) Mailing Address Date of Signing City of Greeley 1100 10th Street Greeley, CO 80631 Assessor's Tax ID# Assessor's Parcel(s)# 080536000061 Land Owner(s)Name(s) and Signature(s) Mailing Address Date of Signing Cottonwood Land and Farms, LLC PO Box 229 III/Y1/1- (� ✓/ ,//��/�q, � Boulder, CO 80306 Assessor's Tax ID# Assessor's Parcel(s)# 080536100018 Land Owner(s)Name(s) and Signature(s) Mailing Address Date of Signing Double SM Farms Po Box 229 ;#. /��/Z Boulder, CO 80306 Assessor's Tax ID# Assessor's Parcel(s)# 080536000027 r- N 0 o n CD O co co CD CO CD N 0 M b 0) d N N N N N N N QN } OD co r )[) CD o r r C N N N N N N P. G I- -1 T CO co o .- M NN C O O 0 0 NI a r O u d ID e) 7 Ni N o o O O CND CD J M r 1- M O M cD y IN- F- 5 y r r C U N 4 J 0 d o o O O co o 3 co r el a To i> N r r N N 9 a) N N C) N co 4 O )D CD G) 00 CO 0 N- c O 6 o or To co a r co Ln N C 0 O To r, O m a E d E r Q w ca r C Z d a X G 2 V co ~ . O. 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O W p Q O N N y O+ G i ,� Icy Off' t� c+ u ° u P �, Cn 001 UU r4, es F 0. d a c, C7 W a�. ?3 -� r 4 c Q en N .� _ 'G • C C W vi ea ' O ,v.. N m R. -' N l Q• ,o . ' a w ,iy\ a 5 -. a a G r-� a.^ 4 0 � c / ' a•z v Z N > 4 >O, o V t ti cc; v U m ° c. E" a d. �° .°a o N G v o . mac O w en cn O .. .. V Z ,O at U U v a, 7:1 o '3 n a F. -.ft) CI N L, a ti c tC a > a W O N U C •E4 L. C‘ o O..o o U C. a, ow Z 5 o V O N caw � 'o s.. a C7 o G' — co > O N 'c w 3 •.o c Z c c •o o o _ U °� o o -o U -coo u a 4 o, CO 'n a c •:. ' ' .� h c a d 04 > Z ., Ts z m L. � z G oM c _o` d E- c -2 0 0a a et. a .V •O - Q M U h L ' o o t N O O o as O o u `� z V ° ti 9 3 o ci " cam s o _, ° u o nor , 3 O E o 0. d a°.. 2 O. d c ;4; cn ° �aa- Z E-. 3 y 4 U F 'C U F- W U F o ° &, u O PETITION FOR ANNEXATION POUDRE PONDS 2ND ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: The undersigned(collectively, the"Petitioners"), in accordance with Title 31,Article 12, Chapters 101 et.seq.,Colorado Revised Statutes, 1973,as amended,hereby petition the City Council of the City of Greeley for annexation to the City of Greeley of the territory described herein and described and shown on the map designated, "Poudre Ponds 2nd Annexation." The applicable number of said map(at least four)are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation to the City of Greeley 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 City of Greeley. 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 City of Greeley. B. A community of interest exists between the territory proposed to be annexed and the City of Greeley. 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 City of Greeley. 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. {00049685.DOC:I 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 City of Greeley 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 other than the City of Greeley. 7. The territory proposed to be annexed is not presently a part of any incorporated city,city and county,or town. 8. The property owned by each petitioner is described on each separate signature sheet and, when needed,described more fully in the exhibits attached hereto and incorporated herein by reference. 9. The signer(s)of this petition comprise(s)more than fifty percent(50%)of the land owners and owning more than fifty percent(50%)of the property, excluding public streets and alleys,and any land owned by the annexing municipality,and are,in fact,owners of one hundred percent(100%)of the property set forth in Exhibit A attached hereto and incorporated herein by reference. 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. {00049685.DOC:I) 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 City of Greeley. F. Acceptance block describing the acceptance action of the City of Greeley in form and substance as provided in Appendix A of the Subdivision Regulations of the City of Greeley and providing for the effective date and City Clerk and Mayor attest signatures. 10. Except as otherwise provided, no part of the territory sought 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 become effective. 11. As an expressed condition of annexation,land owner(s) consent(s) to inclusion into the Northern Colorado Water Conservancy District and the municipal subdistrict pursuant to Section 37-45-136(3.6)C.R.S. Land owner(s) acknowledge(s)that,upon inclusion into the district and subdistrict,land owner's(s')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 land owner's(s)lands. Land owner(s)agree(s)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. Land owner(s)also agree(s)to waive,upon inclusion,any right which may exist to a refund pursuant to Article X, Section 20,of the Colorado Constitution. 12. Petitioners have filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the City approves I-M zoning with conditions for the Property approved that are solely acceptable to Petitioners. (b) Petitioners hereby reserve the sole, exclusive and unilateral right to withdraw this petition by so notifying the City Clerk in writing at any point prior to the later to occur of forty (40) days after the latest effective date of the final ordinance(s) approving annexation of the Property or zoning of the Property as requested pursuant to this Petition. (00049685.DOC:I THEREFORE, the undersigned respectfully petition(s) and requests the City Council of the City of Greeley, to approve annexation of the territory described and referred to in Exhibit A to the City of Greeley in accordance with and pursuant to the statutes of the State of Colorado. Land Owner(s) Name(s) and Signature(s) Mailing Address Date of Signing („7 hw �D Led_ #& A L29 /3.n_iiCr �� '°lick �/ �i �Z rev ,tis L,LL P o q:,x Z :5 a�_l�� €:-34 y/g 9/3/IL rot- The foregoing signature(s) was/were subscribed and sworn to before me this 3 day of f Jc i t 20 l2, by WI ll' N . MC w.?,t t 65 Matvaw� at. Cot-vo m000 Lugo( 4 arM-S, t.,t,c aN^ Doug. S,u. ca. -s . LL-c . Witness my hand officialand ociial seal. SP/hAl6((�(/ My commission expires 5/04 ( tot 3 . Notary Public • G. sOTAFty -':.�R'IJBLtC AC {00049685.DOC:I) AFFIDAVIT OF CIRCULATOR STATE OF COLORADO COUNTY OF WELD j ss. /1./4 #a !/ being first duly sworn, states upon oath that he/she is the circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purports it to be. 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Vicinity Map a) J WA II t m Il.m -to cff z a, I!M ❑ X47• U 1 yy Ca I { ❑ � ,P' '', , _ Li coo Site O �` -st (ILO) R-L 044 e "triellarti,,,,, ,,, r 4/ Alt\ ' RH � ' ; L I L—j 1 lystiall l .11111 I. ate "- q0M !-.°o ; ' , , E ,r a utmi B+Si \; w ®main ...arm,. w • 1`I11IAJ t tl i , VIII 'I4�YE1� L~'' R—H 'R—L ;emu Q RL®® 911®SI6W °•VIII IGI — '116�11' 7e Vg 1 A M 4 E R—L + , 1 tat j• 1A.4;z4"rRE - i�U�si H 4.14 gniii..' ill tt.tTOii bit R,M R-L I l. 1 ' -M_I" . , PA - M._ - 'r Poudre Ponds 1st and 2nd Annexations N SITE Parcels A 0 750 1,500 3,000 Feet 1 I I I I I I I CITY OF GREELEY ANNEXATION INFORMATION SHEET The following information is required to process the annexation of land into the City of Greeley. This sheet must be attached to a completed annexation petition. TO BE COMPLETED BY APPLICANT Date March 28, 2012 1. Name of Annexation Poudre Ponds 2nd Annexation 2. Name of Property Owner(s) Cottonwood Land & Farms, LLC / City of Greeley 3. Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary): Cottonwood Land & Farms, LLC Parcel - 1013 N. 25`h Avenue City of Greeley Parcel - 924 N. 35`h Avenue 4. Person to Contact (Name, Address and Phone) Bill McDowell P.O. Box 229, Boulder, Colorado 80306 303-499-1441 Jim Hall City of Greeley 1100 10th Street Suite 300 Greeley, CO 80631 970-350-9811 5. Size (in acres) 221.286 Acres Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an annexation impact report. The annexing body and the County Commissioners may agree to waive such report, but a letter to that effect must accompany this petition. Check One: [ x ] Land Owner-Initiated [ x ] Municipally Owned (C.R.S. 31-12-106) [ ] Enclave (C.R.S. 31-12-106) 6. Attach a list of all special districts (including school districts) of which the territory proposed for annexation is part. 7. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. • 8. Attach a description of the intended use and development of the territory proposed for annexation. Such a description should be as complete as possible and include: # The location of existing streets and utility lines. # Existing and proposed land use patterns and existing.zoning. # Size of commercial or industrial facilities. # Estimated number of school students generated. # Number of dwelling units. • PROPERTY DESCRIPTION (Poudre Ponds 2"d Annexation) A parcel of land being located in Section Thirty-six (36), Township Six North (T.6N.), Range Sixty-six West(R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) corner of said Section 36 and Assuming the West line of the Northwest Quarter(NW1/4) of Section 36, T. 6N., R. 66W. as bearing North 00°06'57" East being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2007, a distance of 2680.23 feet with all bearings contained herein relative thereto; THENCE North 89°49'19" East along the South line of said NW1/4, a distance of 30.00 feet to the East Right-of-Way line of North 35th Avenue and the POINT OF BEGINNING; THENCE North 00°06'57" East along said East Right-of-Way line, parallel with and 30.00 feet East of the West line of said NW1/4 a distance of 2174.65 feet to the South line of Lot A of Recorded Exemption No. 0805-25-3 RE-3074 recorded under Reception No. 2867578 of the Weld County Clerk and Recorders Office (WCCR); THENCE along the South and East lines of said Lot A the following Two (2) courses: THENCE South 89°47'14" East a distance of 1241.30 feet; THENCE North 00°32'17" West a distance of 505.42 feet to the West Sixteenth (W1/16) corner of said Section 36; THENCE South 89°47'14" East along the North line of the NW1/4 of said Section 36, a distance of 1265.53 feet to the west line of that parcel described in Quitclaim Deed recorded October 22, 2001 under Reception No. 2893967 Weld County Clerk and Recorders Office (WCCR); THENCE along the West and South lines of said parcel the following Two (2) courses: THENCE South 01°11'46" East a distance of 657.84 feet; THENCE North 89°49'16" East a distance of 72.45 feet to that parcel described in Quitclaim deed recorded October 26, 1990 under Reception No. 02231206, WCCR; THENCE along the Southerly line of said parcel the following Four (4) courses: THENCE South 55°55'44" East a distance of 150.01 feet; THENCE along the Southerly line of said parcel the following THENCE North 84°04'16" East a distance of 328.00 feet; THENCE South 83°55'44" East a distance of 213.00 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 511.41 feet, having a Radius of 750.00 feet, a Delta of 39°04'09" and a Long Chord that bears South 64°23'40" East a distance of 501.56 feet to the West Right-of-Way line of North 25th Avenue; THENCE along said West Right-of-Way line the following Seven (7) courses: THENCE South 09°26'36" West along a line being non-tangent to aforesaid curve, a distance of 99.42 feet; U:\GreeleyWestpit\Second Resubmittal\POUDRE PONDS 2ND ANNEX.doc Last printed 4/3/2012 12:09:00 PM • THENCE South 08°17'16" West a distance of 99.74 feet; THENCE South 05°05'16" West a distance of 134.96 feet; THENCE South 00°25'14" East a distance of 135.96 feet; THENCE South 05°57'58" East a distance of 466.81 feet; THENCE South 07°30'44" East a distance of 377.84 feet; THENCE South 05°51'14" East a distance of 242.56 feet to the North line of the Cottonwood Pits Annexation-1 as recorded under Reception No. THENCE along said North line the following Four(4) courses: THENCE North 83°45'10" West a distance of 1111.79 feet; THENCE South 83°01'37" West a distance of 607.93 feet; THENCE North 76°56'48" West a distance of 250.83 feet; THENCE South 19°54'04" West a distance of 1687.27 feet to the North line of the Thissen Annexation as recorded under Reception No. 3502501, WCCR; THENCE South 89°38'58" West along said North line a distance of 4.45 feet; THENCE North 73°46'07" West a distance of 1310.24 feet to the East Right-of-Way line of North 35th Avenue; THENCE North 00°05'32" East along said East Right-of-Way line, a distance of 939.97 feet to the POINT OF BEGINNING; Said parcel of land contains 221.286 Acres, more or less (±). SURVEYORS STATEMENT I, Lawrence S. Pepek, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. Lawrence S. Pepek - on behalf of King Surveyors, Inc. Colorado Registered Professional Land Surveyor#33642 KING SURVEYORS, INC. 650 Garden Drive Windsor, Colorado 80550 (970) 686-5011 JN: 2011101 U:\GreeleyWestpit\Second Resubmittal\POUDRE PONDS 2ND ANNEX.doc Last printed 4/3/2012 12:09:00 PM 9 AUTHORIZATION TO WITHDRAW FROM FIRE DISTRICT The undersigned hereby request and authorize the City of Greeley to petition for the withdraw of territory described herein on Exhibit A from the Western Hills Fire Protection District upon successful annexation of the same property into the City of Greeley. Fee$500.00 Land Owner(s)Names)and Signature(s) Mailing Address Date of Signing City of Greeley 1100 10th Street Greeley, CO 80631 Assessor's Tax ID# Assessor's Parcel(s)# 080536000061 Land Owner(s)Name(s) and Signature(s) Mailing Address Date of Signing Cottonwood lLannd and Farms, LLC PO Box 229 (771/L !✓ // ✓I ,//�// <^�� n�//, Boulder, CO 80306 '// Assessor's Tax ID#_ Assessor's Parcel(s)ft 080536100018 Land Owner(s)Name(s) and Signature(s) Mailing Address Date of Signing Double SM Farms PO Box 229 y///L //9,/� Boulder, CO 80306 / Assessor's Tax ID# Assessor's Parcel(s)# 080536000027 V N C N O W oC o W in in It O N M 0 N NNNNN 0) O' CI W O ›-by 0 W 0 0 0 0 0 0 •O N n N N N N N N N C I-- ac J > co 0 0 00 a < co N VM' O O O 0 o O 0 CD N J < Co t M 0 M co _ N < N. 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