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DON J. HOFF 1430 2 `h Avenue, Greeley. Colorado 80634
ATTORNEY AT LAW Telephone 970-356-6767 Fax 970-352-2851
June 7, 2012
Clerk to the Board of County Commissioners
P . O. Box 758
Greeley, CO 80632
RE: Town of Garden City
Beaton Annexation
Sorensen Annexation
Dear Sir or Madam:
Enclosed please find an Annexation Petition, a Notice setting a hearing date on the
Annexation Petition, and a Resolution establishing the hearing to determine whether or not the
above properties should be annexed.
No Annexation Impact Report will be provided as each parcel being annexed consists of
less than one (1) acre. There are no residences in the parcel and there will be no impact on the
school district.
Sincerely,
Dort 9 fag
Don J. Hoff
DJH/pkf
Encs.: Annexation Petition (2)
Notice of Public Hearing (2)
GC Resolution (2)
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ANNEXATION PETITION
TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF GARDEN
CITY, 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 Garden City for
annexation into the Town of Garden City the territory described herein and described and shown
on the map designated "Beaton Annexation to the Town of Garden City". 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 '/z 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 Garden City.
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 Garden City.
B. A community of interest exists between the territory proposed to be annexed and the
Town of Garden City.
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 Garden City.
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
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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 Garden City
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 or town other than the Town of Garden City.
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 except that no part of US Highway 34
is included in this annexation.
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 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
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.
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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 Garden
City.
F. Acceptance block describing the acceptance action of the Town of Garden City 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 Garden City to annex the territory described and referred to in Exhibit "A" to the Town of
Garden City in accordance with and pursuant to the statutes of the State of Colorado.
Land Owner(s)Name(s) and Signature(s) Date Mailing Address
NOTAEB, LLC
1 3760 Vance Street, Suite #100
05/08/12 Wheatridge, Colorado 80033
J es Beaton, Managing Member
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing signature was subscribed and sworn to before me this 8th day
of May, 2012, by James Beaton, Managing Member of NOTAEB, LLC.
AWN1 @ . ! ,hand and official seal. y2/9
'2�=• Notary Public
NOTgRy
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LEGAL DESCRIPTION:
THAT PART OF LOT 3, ARLINGTON GARDENS, WELD COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID
LOT 3, THENCE RUNNING EAST 160 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE, A
DISTANCE OF 90 FEET; THENCE WEST 160 FEET; THENCE NORTH 90 FEET TO THE POINT OF
BEGINNING.
ALSO SOMETIMES DESCRIBED AS:
THAT PART OF LOT 3, ARLINGTON GARDENS, WELD COUNTY, COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID
LOT 3, THENCE RUNNING EAST 160 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE, A
DISTANCE OF 90 FEET; THENCE WEST 160 FEET; THENCE NORTH 90 FEET TO THE POINT OF
BEGINNING.
NOTICE OF PUBLIC HEARING
NOTICE is hereby given that on the 26th day of June, 2012, at 7:00 p.m. at the
Garden City Town Hall, 621 27th Street Road, Garden City, 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 "Beaton 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 Garden City.
The property proposed to be annexed is described as follows:
That part of Lot 3, Arlington Gardens, Weld County, Colorado, more particularly
described as follows: Beginning at the Northwest corner of said Lot 3, thence
running East 160 feet; thence South parallel to the East line, a distance of 90 feet;
Thence West 160 feet; thence North 90 feet to the point of beginning.
Also sometimes described as:
That part of Lot 3, Arlington Gardens, Weld County, Colorado, more particularly
described as follows: beginning at the Northwest corner of said Lot 3, thence
running East 160 feet; thence South parallel to the East line, a distance of 90 feet;
thence West 160 feet; thence North 90 feet to the point of beginning.
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 621 27th Street Road, Garden City,
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
Garden City, Colorado.
DATED this day of , 2012.
Cheryl Campbell Town Clerk
ipt .
RESOLUTION NO.
A RESOLUTION FINDING THAT THE PETITION FOR
ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE
"BEATON ANNEXATION TO THE TOWN OF GARDEN CITY" 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
GARDEN CITY, COLORADO TO CONSIDER THE PROPOSED
ANNEXATION
WHEREAS, the owner of one hundred percent (100%) of the property known as the
Beaton Annexation to the Town of Garden City has filed a Petition for Annexation of the
described property to the Town of Garden City; and,
WHEREAS, the Board of Trustees finds that the petition substantially complies with
C.R.S. 31-12-107(1) 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 GARDEN CITY, 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. 31-12-107(1) 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 26th day of
June, 2012, at the hour of 7:00 p.m. at the Town Hall at: 621 27th Street Road, Garden City,
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 Garden City.
Section 3. The property to be annexed is hereby described as follows:
That part of Lot 3, Arlington Gardens, Weld County, Colorado, more particularly
described as follows: Beginning at the Northwest corner of said Lot 3, thence
running East 160 feet; thence South parallel to the East line, a distance of 90 feet;
Thence West 160 feet; thence North 90 feet to the point of beginning.
Also sometimes described as:
That part of Lot 3, Arlington Gardens, Weld County, Colorado, more particularly
described as follows: beginning at the Northwest corner of said Lot 3, thence running
East 160 feet; thence South parallel to the East line, a distance of 90 feet; thence
West 160 feet; thence North 90 feet to the point of beginning.
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Section 4. The Town Clerk is hereby directed to publish notice of this hearing once each
week for four successive weeks in the Greeley Tribune,the designated newspaper for the Town
of Garden City.
PASSED,ADOPTED AND APPROVED THIS 15th DAY OF MAY,2012.
TOWN OF GARDEN CITY
By:
Mayor
ATTEST:
Town Clerk
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