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HomeMy WebLinkAbout20100068.tiff soSr- 0.0 tee. TOWN OF HUDSON fix % 557 ASH STREET, P.O. BOX 351,HUDSON,CO 80642-0351 Phone: 303-536-9311 FAX: 303-536-4753 FOUNDED 1887 December 22, 2009 Weld County Board of County Commissioners Weld County Attorney Weld County School District RE3J Hudson Fire Protection District Central Colorado Water Subdistrict Central Colorado Water Conservancy District High Plains Library District Aims Community College SENT VIA CERTIFIED MAIL Re: Notice of RRK Properties, LLC Annexation Public Hearing Enclosed for your information are copies of the Annexation Petition,Resolution of Substantial Compliance, and the legal notice concerning the proposed RRK Properties LLC Annexation consisting of 1.77 acres as illustrated on the enclosed map. A public hearing on the annexation and zoning of this property will be held before the Town of Hudson Board of Trustees at the above address on Wednesday, January 20, 2010 at 7:00 pm. Please contact Town Administrator Joe Racine or me if you have any questions or comments regarding this matter. Sincerely, erry rling Town lanner Enclosures PU6k C �1 f v 'e w ( �- ; C/i J S a/ FL 07/1 j/U 2010-0068 00010109\0( 3 013M 09CL-609-ca ANY O310 6WL Y la3S Lvo 00 0-300 00.0439 49 L3*303 03000141011 110 1131 01 10909 oW410 03 Hines 090 070211 3113 0n 1NV3X13090 1000010-00 Tu LLtlhXI NV 311 N.3iel 301Wtl Vlt 03L92 -_ NOSOnH ]0 1WA0163H1 01 1 NOW:000NY 311 SSU03dOtld NHH utm. 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SC El_ ^ ti g $ . t ; •8 s sob Y X41 F CC We 4 � N ,cIt'h N+ I, N p c 60♦'d . i 14 (/) 1B N. PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO RE: PROPERTY KNOWN AS THE RRK ?UM W+ LI C The undersigned owners of more than fifty percent(50%) of property proposed to be annexed, exclusive of streets and alleys, which property is described in Exhibit"A", attached hereto and made a part of, hereby petition the Town of Hudson, Colorado for annexation of the property described in Exhibit"A" (the "Property"), in accordance with the provisions of Title 31, Article 12, Part 1 , C.R.S. In support of this petition, petitioners further state: 1 . That it is desirable and necessary that the Property be annexed to the Town of Hudson, Colorado. 2. The requirements of the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is/will be contiguous with the existing boundaries of the Town of Hudson, Colorado. 4. A community of interest exists between the Property and the Town of Hudson, Colorado. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated or is capable of being integrated with the Town of Hudson, Colorado. 7. In establishing the boundaries of the Property, 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 been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road, or other public way. 8. No land held in identical ownership comprising twenty (20) acres or more and which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the preceding tax year has been included in boundary of the Property without the written consent of the landowner or landowners. - 1 - 9. No annexation proceedings have been commenced for the annexation to another municipality of pad or all of the territory proposed to be annexed. 10. Annexation of the Property will not result in the detachment of area from any school district and the attachment of same to another school district. 11. Upon the effective date of the Annexation Ordinance, all lands within the Property shall become subject of all ordinances, resolutions, rules and regulations of the Town of Hudson. 12. Petitioners are owners of mere than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent(50%) of the landowners of such area, and are, in fact owners of one hundred percent(100%) of the area proposed to be annexed, exclusive of streets and alleys and said owners attesting to the facts and agreeing to the conditions herein will negate the necessity of an annexation election. 13. Accompanying this petition are four (4) copies of an annexation map showing the seal of a registered engineer or land surveyor, containing: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the Property and the boundary of the Property continuous with the Town of Hudson and any other municipality abutting the Property; c. The location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; d. The total acreage, more or less, of the Property; e. The total length of the perimeter of the boundary of the Property and the length of the boundary of the Property contiguous with the Town of Hudson. 14. No part of the area proposed to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place. - 2 - 15. The area proposed to be annexed is located within Weld County, Weld County School District Re 3 (J), Hudson Fire Protection District, and the following districts: Weld Library; Aims College; Central Colorado Water, Lost Creek Ground Water and Central Colorado Water Conservation. 16. 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. 17. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. 18. Petitioners understand that connection to the water system of the Town requires inclusion into the Northern Colorado Water Conservancy District, and the Municipal Subdistrict, Northern Colorado Water Conservancy District. Failure to provide such services to the Property shall not be cause for disconnection of the Property at any future time. 19. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit"A" into the Northern Colorado Water Conservancy District ("District") pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that, upon inclusion in the District, landowner'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 at the time of inclusion of landowner's lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the District can impose such mill levies and special assessments as it has the authority to impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, ' 20 of the Colorado Constitution. 20. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit "A" into the Municipal Subdistrict , Northern Colorado Water Conservancy District("Subdistrict") pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that, upon inclusion in the Subdistrict, landowner'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 Subdistrict at the time of inclusion of landowner's lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, ' 20 of the Colorado Constitution. - 3 - 21. No vested rights to use or to develop the Property in any articular way, as defined in Section 24-68-101 et seq., C.R.S. have been requested by Petitioners from any governmental entity. Petitioners waive any vested land use rights attached to any or all of the Property. 22. The petitioners acknowledge that upon annexation of the Property to the Town, the Property, the owners thereof, and uses thereon will be subject to all taxes and fees imposed by the Town. Provided however, petitioner Colorado Department of Transportation shall not be subject to taxes or fees levied by the Town from which they are exempt by Colorado law. The Property, the owners hereof and the uses thereon are also bound by any voter authorization under Art. X, ' 20 adopted prior to annexation of the Property. The petitioners waive any claims they may have under Art. X, ' 20 of the Colorado Constitution related to such taxes and fees. Therefore, your petitioners respectfully request that the Board of Trustees of the Town of Hudson, Colorado, approve the annexation of the Property. - 4 - AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Hudson, Colorado, consisting of five (5) pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circulator J roa.c ice. ,54-arlin STATE OF COLORADO ()DM ss. COUNTY OF (Jc The foregoing Affidavit of Circulator was subscribed and sworn to before me this day of by `;C-c_Aninc0. p, *flnl.iilw pt�mbe� acct My Commission expires: na / I `,27/ (-)\a [S E A 1 Notary Public R D ARNOLD Notary Public G a State of Colorado - 5 - 45 Is c ; _ 0 QO 'co I c y C R RI O J -4- -4— (f) o O 0 7 i1 HJ c 6 R . J Q G c O] 2 CO w � ' O • Q c M C` 1 in w O �- Gf C O+ 3 �yO C D \� Z J O I- uJ a I y /ppI14) .J. �Iy NON, 12 1/3 - kC t {. \NA/� a SITE „ ,cc= iI It a xc no sec SEC II u ii . VWCQNITC MAP SCALE 1 . 2000 PE7l TIONER: RRK Properties LLC Kelly Chestnut. Agent 91Q3 North Cody Street Westminster CO 50021 303-591-4784 NOTES: 1. The bearings from RE-2706 have been rotated to be compatobie with the NORTH I-76 ANNEXATION TO TOWN OF HUDSON. 2. No field work woe dons In the preparation of this plat CONTIGUITY TABLE PERCENT RATIO TOTAL BOUNDARY LENGTH 1342.56' N/A N/A 1/6 TOTAL BOUNDARY LENGTH 223.76' 16.687% 1 : 6 (MINIMUM REQUIRED CONTIGUOUS BOUNDARY) ;CONTTQVOUS BOUNDARY 498,75' 37,15X 1 : 2.69 CER77FICATE OF OWNERSHIP Know oil men by.these presents that RRK PROPERTIES, LLC being the owner of the of certain londa in Weld County, Colorado, deamibed as follow& LOT A OF RECORDED EXEMPTION 1473-02-2 RE-2706 RECORDED AUGUST 3, 2000 AT RECEPTION NUMBER 2784705, LOCATED IN THE NORTHWEST QUARTER OF SECTION 2. TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6th P.M. DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE N 0'29'40" E, A DISTANCE OF 626.48 FEET ALONG THE EAST UNE OF SAID NORTHWEST QUARTER TO THE SOUTHEAST CORNER OF LOT B, OF SAID RE-2706; THENCE S 4835'28" W, A DISTANCE OF 286.03 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT B TO THE EAST MOST CORNER OF SAID LOT A AND THE POINT OF BEGINNING; THENCE S 48'35'28" W, A DISTANCE OF 20.00 FEET ALONG THE BOUNDARY OF SAID LOT A; THENCE S 89'45'37' W, A DISTANCE OF 525.21 FEET ALONG THE BOUNDARY OF SAID LOT A TO THE PRESENT TOWN LIMIT OF HUDSON AS DESCRIBED IN THE NORTH 1-76 ANNEXATION TO THE TONN; OF HUDSON, RECORDED JANUARY 24 1995 AT RECEPTION NUMBER 2473142; THENCE N 55'15'30" E. A DISTANCE OF 498.75 FEET ALONG THE BOUNDARY OF SAID LOT A AND SAID`.PRESENT TOWN LIMIT OF HUDSON; THENCE S 25'52'14' E, A DISTANCE Of 298.80 FEET ALONG THE BOUNDARY OF SAID LOT A TO THE POINT Of BEGINNING. • Contains; 1.77 Acres more or lean and Is aubjoct to oil existing easements and / or rights—of—way of i 17%.111J. ,iNOTj9[E OF,PUBLIC HEARINGS . NTO ALL'PERSONS INTEREBTED15 .tr'f.. - I PLEASE TAKE NOTICE that the Board of Trustees of the Towp of Hudson has adopted a Resolution Initiating annexation proceedings for the RRK Annexation,said Annexation being more padicularly.descdbed'In said Resolution,a copy of which follows this Notice • That,.on January 20,2009 at the hour of 7:00 p.m.,ores soon thereafter as.the matter may .come on for hearing in the Town Hall of the Town of Hudson;552 Ash Street,Hudson,Colorado :p0642 the Board of Trustees will hold a public hearing upon the ennexelloh petition for the purpose' yo5findingand determining whetherthe property proposed to be annexed meets the applicable 'requirements of Colorado law end spoof really Rev.Slat:§§3112.104 end 105 and is r/ « ,considered eligible forannexallon At such hearing,any pefeons may appear and present such 'Noticeceestheymaydeslre shallhl5alsoHerebygiveconcerhe Town of gthezoHuds Planning Commission and into the f Trustees. s.sll shall hold public nnexg5 concerning the zoning of property that will be annexed into Town as part of the RRK Annexation,which is specifically deserbimate' hiblt A and generally located between Intestate 76 end she I-76 frontage road,appal Coda .;The pu hearings ere to held as follows' - Planning Commission:Wednesday Janua 0 ' ' Board of Trustees:Wednesday January 20,0,2010 2010 . Both hearings will be held at the Hudson Town Hall,557 Ash Street,Hudson,Colorado at 700 p.m. ,h0 asl80ph as ppssl4lelhereefler or pinch other time or piece in the event this hearing Is ad- iIn iced: urther stet ation Is available through the Town Clerk's office at 303-536.9311 „ • 'AI!Interested persons may attend. 'DATED this 4th day of December.2009 9Joseph A.Racine,TownAdminlsirator I,.. .. Publish lour limes In the Greeley T Ibune -I • ):December l6 2008 'December23 2009 t Aecombe 30 o93g t JenuatT RESOLUTION NO.` ` .I 0941 Sedaa of 2008 TITLE:A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION AND ESTABLISH- t ING JANUARY 20,2010 AS THE DATE OF PUBLIC HEARING ON THE REQUESTED ANNEX- ATION OF A PARCEL OF UNINCORPORATED TERRITORY LOCATED IN THE COUNTY OF -WELD(RRK PROPERTIES LLC ANNEXATION) WHEREAS,the owner of unincorporated territory,comprising more than fifty percent(50%) ' of the area proposed for annexation pursuant to CRS §31-12-107,has flied a petition for annexation(the'Petition')of a certain unincorporated properly to the Town which territory Is more; particularly described In Exhibit A attached to the Petition;and 1 "`^` WHEREAS,C.R.S.§31.12-108 requires that the Town accept the Petition and establish a date,time and plate that the Board of Trustees will hold a public hearing to consider the annexation and the various requirements of Title 31,Article 12,CRS,and 'WHEREAS the Board of Trustees at Its regular meeting on December 2 2009,reviewed 'the'Pension bbd varicusdocuments submitted in support of the Petition and - WHEREAS,the Board 01 Trustees he examined the record In this case end the various xhibits;has considered the request;the Comprehensive Plan;and the recommendations of the e staff,and based upon the record which has been made concerning the request,has arrived at its ecision,and WHEREAS,it requirementsieen found and determined that she applicant has complied with all of the procedural es R provided in Title OF i with the Petition. NOW THEREFORE BE IT RESOLVED BY THE BOARD TRUSTEES OF THE TOWN OF HUDSON,COLORADO,AS FOLLOWS: 'Section 1.That the Petition Is hereby accepted and found to be in substantial compliance with the requirements of Title3l,Article 12,C R S ' Section 2.Thet a public hearing to consider the Petition is scheduled for January 20;2010, at 7:00 p.mr,at the Town of Hudson Town Hall,which Is located at 557 Ash Street,Hudson' Colorado,80642,to determine if the annexation complies with C.P.S:§§31-12R 04 and 31-12-105 or such part thereof as may tie required to establish eligibility under the terms of Title 31, Article 12,Part 1,as amended,known as the Municipal Annexation Act of 1965,and the Constitution of the State of Colorado,Article II,Section 30,as amended Section 3.Any person living within the area proposed to be annexed,any landowner of lens thereof,any resident of the municipality to which the area is proposed to be annexed any municipvalilyJocaled within one mile of the proposed annexation,or the Board of County Commlpaioners of Weld County,may appear at such hearing and present evidence upon any to be determined by the hoard of Trustees. INTRODUCED READ and PASSED this and day of,gecember,2t009 TOWN OF HUDSON,COLORADO Neal Pontlua Mayor J :ATTEST t.,. Linnede Barker,Town Clerk ' ExhibilA E ; LOT A OF RECORDED EXEMPTION 1473-02-2 RE-2706 RECORDED AUGUST 3 2000 AT RECEPTION NUMBER 984705,LOCATED IN THE NORTHWEST QUARTER OF 'SECTION 2;TOWNSHIP 1 NORTH,RANGE 65 WEST OF THE 6th P.M.DESCRIBED AS COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER ,.,THENCE N 0w29'40'E,A DISTANCE OF 626.48 FEET ALONG THE 3,OF SLINE OF SAID NORTHWEST 45'28'QUARTER TO THE SOUTHEAST CORNER OF LOT B4OF SAID RE-2706; THENCE S 48'e35'28':W,A DISTANCE OF 286.03 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOTS TO THE EAST MOST CORNER OF SAID LOT AANO THE PAINT OF BEGINNING' THENCE S 46-3528'W.A DISTANCE OF 20 00 FEET ALONG THE BOUNDARY OF RAID LOT A THENCE S 89O453T W,A DISTANCE OF 525 21 FEET ALONG THE BOUNDARY OF SAID LOTH 4O THE PRESENT TOWN LIMIT OF HUDSON AS DESCRIBED IN IN THE NORTH 1.78 ANNEXATION TO THE TOWN OP HUDSON,RECORDED JANUARY 24 THENCE NE55 1630'E,A DISTANCE OF 498.75 FEET ALONG THE BOUNDAR Y OF SAID LOT AAN0`SAID PRESENT LIMIT OF HUDSON. - THENCE S 25-52'14'E,A DISTANCE OF 298.60 FEET ALONG THE BOUNDARY OF SAID LOT ATO THE POINT OP BEGINNING. COUNTY OF WELD,' 4 ,l STATE OE COLORADO 9122 The Tribune December 16,23.30,2009 January 6,2010 Hello