HomeMy WebLinkAbout20121589.tiff City of
WELD COUNTY
ci reeleY COMMISSIONERS
1111 JUN 18 A II=Ob
RECEIVED
April 20,2012
To whom it may concern:
The Greeley City Council received a petition for annexation for property located generally north
of H Street,west of 8'h Avenue,and east of 11th Avenue known as the Markus Annexation.
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,July 17,2012,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 nonce and
resolutions,the public hearings will be held:
July 17,2012
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.Cierely,
C I ,
puty C. C
Attachments
Notice of Public Hearing
Resolution
Annexation Petitions
RAAA, Qt-VIy,,;o ee, . so Pc. On (pAi m)
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2012-1589
NOTICE
Notice is hereby given that the City Council of Greeley, Colorado, will hold public hearing on
proposed annexations of territory to the City of Greeley. The hearings shall be held on July 17,
2012,in the City Council Chambers of the Lincoln Park Annex Building, 919 7th Street, in the City
of Greeley, Colorado,beginning at 6:30 p.m. or as soon thereafter as the matter can be heard by the
City Council on that date. The purpose of the hearings is to determine whether said properties are
eligible for annexation under Colorado law. Persons wishing to examine the annexation petitions,
resolutions,and any exhibits thereto,may do so at the office of the City Clerk during business hours.
The territories are described in annexation petitions which have been filed with the City Clerk as:
■ The "Markus Annexation", located generally north of II Street, west of 8th Avenue, and
east of I1th Avenue.
• The "F Street Annexation", located generally north of F Street, south of Railroad Right-
of-way, west of 47`h Avenue, and east of 50`h Avenue.
Dated this 17th day of April, 2012.
Betsy Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. , 2012
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION
LAWS FOR PROPERTY KNOWN AS THE MARKUS ANNEXATION LOCATED NORTH
OF H STREET, WEST OF 8T0 AVENUE, AND EAST OF 11111 AVENUE
WHEREAS, the City of Greeley, submitted an annexation petition to the City of Greeley for
annexation of property located north of H Street, west of 8`h Avenue, and east of 11 th Avenue;
SEE ATTACHED LEGAL FOR THE MARKUS 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
July 17, 2012', at the Greeley City Council Chambers, 919 7`h Street, Greeley, Colorado, during a
regular City Council meeting beginning at 6:30 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 day of , 2012.
ATTEST: THE CITY OF GREELEY, COLORADO
By: By:
City Clerk Mayor
Markus Property Legal Description
A parcel of land located in the SW%of the NW%Section 32, Township 6 North, Range 65 West of the 6th
Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows:
Commencing at the W%of said Section 32 from whence the Northwest Corner of said Section 32 bears
N 00°52'07"W a distance of 2593.30 feet, said line forming the basis of bearing for this legal description;
thence N 88°21'12" E a distance of 30.00 feet to the easterly right-of-way line of 11th Avenue to the Point of
Beginning;
Thence N 88°21'12" E a distance of 831.09 feet, more or less to the southwest corner of a parcel described in
Book 552 at Reception No. 1473876;thence N 04°42'31" E along the westerly line of said parcel a distance of
214.10 feet, more or less,to the point of intersection with a parcel described in Book 1498 at Page 150;thence
N 30°04'47"W along the westerly line of said parcel a distance of 285.54 feet, more or less, to the northwest
corner of said parcel; thence N 88°08'24" E along the northerly line of said parcel a distance of 134.44 feet,
more or less to the westerly right-of-way line of US Highway 85; thence N 08°46'05"W along said westerly
right-of-way line a distance of 752.22 feet, more or less, to the southeast corner of a parcel of land described in
Recorded Exemption No. 0803-32-2-RE 300; thence along the southerly and westerly line of said parcel the
following two courses:
1. N 83°58'47"W a distance of 69.76 feet, more or less;
2. S 20°03'37"W a distance of 169.93 feet, more or less to the southeast corner of said parcel, said
point also being the northeast corner of a parcel of land described in Rec. No. 3702623;
Thence S 20°03'36"W along the easterly line of said parcel described in Rec. No. 3702623 a distance of
368.50 feet, more or less, to the northeast corner of a parcel of land described in Book 1283 at Page 350 to the
southeast corner of said parcel, said point being the northeast corner of a parcel of land described in Book
1283 at Page 350; thence S 20°20'05"W along the easterly line of said parcel and the easterly edge of a
portion an unused Railroad right-of-way described in Book 320 at Page 230 a distance of 152.79 feet, more or
less, to the northeast corner of a parcel of land described in Book 580 at Reception No. 1501996; thence along
the easterly and southerly line of said parcel the following four courses:
1. S 21°16'07"W a distance of 54.85 feet;
2. S 87°38'03"W a distance of 295.29 feet;
3. N 02°13'33"W a distance of 17.77 feet;
4. N 85°18'13"W a distance of 110.90 feet, more or less to the easterly right-of-way line of 11th
Avenue;
Thence S 00°52'07" E along said easterly right-of-way line a distance of 554.03 feet, more or less, to the Point
of Beginning.
Said annexation boundary contains 13.85 acres more or less.
PETITION FOR ANNEXATION
a r /' P(-5 ANNEXATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY,
COLORADO:
The undersigned,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;he territory described herein and described and shown on the map
designated, " al- ' 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.
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.
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)acknowledges)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.
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.
d Own s Nam sad Si attn Mailing Address Date of
The foregoing signature(s)was/were subscribed and sworn to before me this___day of
Oil(pj-Ceh ,20 J2 by kctreY1 141.0rk(,ts BARBARA R. OWENS
Notary Public
State of Colorado'tress my hand and official seal.
)Auck_ okiey“)) Y' n Expires: 01-23.2013
My commission expires
otary Public
Land Owned
/ o 6-O N, f/ f Averib1 -e Grt / Co
t y>
( SA #acot teoci dtvcr ,y2,--i7c4)
U
If necessary,attach separate sheet.
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
L)I Vi 4 V1-e`E I` 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.
7---)G(,Aj
(Signature of Circulator)
e foregoing Affidavit was sub bed and sworn t ore me this -day of
l 1 ,20,12,by VJW/ a/ . y�i�
Witness my hand and official seal.
My commission expires I/*/,C.�/''"/ ELIZABETH A. FEREGA
NOTARY PUBLIC •
STATE OF COLORADO
414/9 '
1 My Commission Expires 10/13/2013
Not Public
Markus Property Legal Description
A parcel of land located in the SW'A of the NW'A Section 32,Township 6 North,Range 65 West of the
6th Principal Meridian,County of Weld,State of Colorado, being more particularly described as follows:
Commencing at the W''/.of said Section 32 from whence the Northwest Corner of said Section 32 bears
N 00°52'07"W a distance of 2593.30 feet, said line forming the basis of bearing for this legal
description; thence N 88°21'12" E a distance of 30.00 feet to the easterly right-of-way line of 11th
Avenue to the Point of Beginning;
Thence N 88°21'12" E a distance of 831.09 feet, more or less to the southwest corner of a parcel
described in Book 552 at Reception No. 1473876;thence N 04°42'31" E along the westerly line of said
parcel a distance of 214.10 feet, more or less,to the point of intersection with a parcel described in
Book 1498 at Page 150;thence N 30°04'47"W along the westerly line of said parcel a distance of 285.54
feet,more or less,to the northwest corner of said parcel;thence N 88°08'24" E along the northerly line
of said parcel a distance of 134.44 feet,more or less to the westerly right-of-way line of US Highway 85;
thence N 08°46'05"W along said westerly right-of-way line a distance of 752.22 feet,more or less,to
the southeast corner of a parcel of land described in Recorded Exemption No. 0803-32-2-RE 300;thence
along the southerly and westerly line of said parcel the following two courses:
1. N 83°58'47"W a distance of 6916 feet, more or less;
2. S 20°03'37"W a distance of 169.93 feet, more or less to the southeast corner of said parcel, said
point also being the northeast corner of a parcel of land described in Rec. No.3702623;
Thence S 20°03'36" W along the easterly line of said parcel described in Rec. No.3702623 a distance of
368.50 feet, more or less,to the northeast corner of a parcel of land described in Book 1283 at Page 350
to the southeast corner of said parcel,said point being the northeast corner of a parcel of land
described in Book 1283 at Page 350; thence S 20°20'05" W along the easterly line of said parcel and the
easterly edge of a portion an unused Railroad right-of-way described in Book 320 at Page 230 a distance
of 152.79 feet,more or less,to the northeast corner of a parcel of land described in Book 580 at
Reception No. 1501996; thence along the easterly and southerly line of said parcel the following four
courses:
1. S 21°16'07"W a distance of 54.85 feet;
2. S 87°38'03" W a distance of 295.29 feet;
3. N 02°13'33"W a distance of 17.77 feet;
4. N 85°18'13" W a distance of 110.90 feet, more or less to the easterly right-of-way line of 11th
Avenue;
Thence S 00°52'07" E along said easterly right-of-way line a distance of 554.03 feet, more or less,to the
Point of Beginning.
Said annexation boundary contains 13.85 acres more or less.
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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 3 - 2 C"f z--
1. Name of Annexation Mar f4 t, S
2. Name of Property Owner(s) _ kat Y'CY1 P1 a r k L!.S
3. Street or Road Addresses of All Properties to be Annexed(Attach separate sheet if
necessary): J
1O6-o M I/ '` itifeA >� e
4. Person to Contact (Name,Address and Phone)
,DG vi Pe-e ) 112 14/ Cofis:bt/ l,r 307 - 2- 7-1•O11
goon I1-P8 p
Y��u e Lak tvaodj Co 202/9
5. Size(in acres) / 1 3 . 2 5 a-C r L s
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: Land Owner-Initiated
[ ]Municipally Owned(C.R.S. 31-12-106)
[ J Enclave(C.R.S. 31-12-106)
6. Attach a list of all special districts tnclud`ng school districts of which the territory ro o ed
for annexation is part. 5 ch oo r ;5 . # -,1 Not )"�,t rn Co/cj r q df a 11-1c it 1r
M.11 /
/�/ar-�}� 14/c/ Coun-iy Wa fer Wrs rn � �r2
7. Attach a list of all residents(add their addresses)of the territory proposed for annexation who
are not land owners. iv/A.
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.
AUTHORIZATION TO WITHDRAW FROM FIRE DISTRICT
The undersigned hereby request and authorize the City 9f Gree e3J t petition for the withdraw of
territory described herein on Exhibit A from the We c er 'A 1l,5 Pir e- Fire
Protection District upon successful annexation of the same property into the City of Greeley.
Fee$500.00
d Owners Names d Si ature s Mailing Address Date of Signing
Assessor's Tax ID# I ) 2 S'S) r d 6-
Assessor's Parcel(s)# 3 Z 0OQ G 0 g
Land Owner(s)Names)and Signatures) Mailing Address Date of Signing
Assessor's Tax ID#
Assessor's Parcel(s)#
Land Owner(s)Name(s)and Signature(s) Mailing Address Date of Signing
Assessor's Tax ID#
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