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HomeMy WebLinkAbout20092115.tiffNOTICE OF PUBLIC HEARING TO ANNEX AND ZONE VARIOUS RIGHTS -OF -WAY AND ORPHANED LAND NOTICE IS HEREBY GIVEN that the Planning Commission will hold a public meeting commencing on Tuesday August 18, 2009 at 7:30 pm and that the Board of Trustees will then hold a public hearing commencing on Tuesday September 8, 2009 at 7:00 pm at the Frederick Town Hall, 401 Locust Street, Frederick, Colorado 80530 to consader ' e annex and zone 20 li 5 acres of a proposal Rights -of way and orphaned land located a.s follows: Annexation 1: 2.181acres consisting of 557 linear feet of road rights -of -way along Ridgeway Boulevard north of Tipple Parkway (CR16) and an additional 2,639 linear feet of road rights -of -way extending east from Ridgeway Boulevard (CR 15) along the north side of Tipple Parkway (CR 16) (SW 3/4 529, T2N, R67W), to be zoned R-1. Annexation 2: 0.827 acres consisting of 550 linear feet of road rights -of way along Tipple Parkway (CR16) extending west from the 1-25 frontage road (SE H ss H 526, H.7 % 535, NE 534, T2N, F 68W) to be zoned ELL. Annexation 3: 1.071 acres consisting of 1,293 linear feet of road rights -of -way along Silver Birch Boulevard (CR 11) north of Podding Hollow Parkway (CR 18) (SW 3/4 524, T2N, R68W) to be zoned R -l. Annexation 4: 6.660 acres consisting of about one mile of road rights -of -way along Silver Birch Boulevard between Tipple Parkway (CR 11) and Podding Hollow Parkway (CR 18) (E1h 526, W1/2 S25 T2N, R 68W) to be zoned R-1. Annexation 5: 4.388 acres consisting of 2,640 linear feet of road rights -of -way along Podding Hollow Parkway (CR18) between Silver Birch Boulevard (CR 11) and Colora to Beni I e,'ard (CR 13) S; L4 i,?4, ILL 525, T2N, R 68W); zoning between Silver Birch Boulevard and Colorado Boulevard to be R-1, C -N, P, and C -C. Annexation 6: 0.97 acres consisting of 1,106 linear feet of road rights -of -way along Colorado Boulevard (CR 13) just north of CO 52 (SWR/4 531, T2N, R67W) to be zoned C -H52. Annexation 7: 3.2 acres of town owned land just northwest of Milavec Lake (NE 4/4 S 24, T2N, R 68W) to be C Page 1 oft 2009-2115 zoned Public. Annexation 8: 0.406 acres consisting of 970 linear feet of road rights -of -way along Colorado Boulevard (CR 13) just north of Tipple Parkway (CR 16) (SW 14 30, T2N, R67W) to be zoned C -N. Annexation 9: 1.212 acres consisting of 1,319 linear feet of road rights -of -way along William Bailey hou1enard north of Majestic and west of Meadowlark Business Park (NE N 325, T2N, P C8W) to xbe zoned ELT. The zoning for a (i.7 xc r e portion of Tipple Parkway to R-1 (low Dons_t I nrr'.cl ) Rd of rci heiweon Colorado Boulevard and Oak Strooi isfr 0 11 as ihe zoning of previously land along Codding Hollow Parkway involving 1.799 acres , 324, N M S 25, T2N, R68W) shall also be considered. The total area of orphaned land and rights -of -way annexed consists of about 20.915 acres while the total area of land and rights of way to be zoned consists of about 23.47 acres The Planning Conanission and Board of Trustees will consider whether the proposed request meets the requirements of the Frederick Land Use Code and whether the request should be granted appro_-s] for the property. Any petaiien ma-_, apLear at the public hearings and be heard regarding mile m'atiers m alder Cr nzidoranLon. - Copies of the full application and supporting materials submitted as well as the full-sized maps are available for review in the Frederick Tryon] Hall, 401 Locust Street, Frederick, Colorado. Dated this 5Lh day of August, 2009 TOWN OF FREDERICK, COLORADO Nanette ;Fornof, To,•rii (1 rk Page 2 of 2 RESOLUTION NO. 09R033 A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE "2009 ORPHAN RIGHT OF WAY AND PARCEL ANNEXATIONS" WHEREAS, petitions for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by Mayor Eric D. Doering on behalf of the Weld County Board of County Commissioners and the Town of Frederick; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the nine (9) subject properties for annexation and zoning, as requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS: Section 1. The petitions, whose legal descriptions are attached hereto as Exhibit A and incorporated by reference herein, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-I2-107(2). Section 3. No additional terms and conditions are to he imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with C.R.S. §31-12-104, and with C.R.S. §31-12- 105, and will hold a public hearing to determine the appropriate zoning of the subject properties as requested in the petitions, at the Frederick Town Hall, 401 Locust, Frederick, Colorado 80516, at the following time and date: 7:00 P.M., SEPTEMBER 8, 2009 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations or the proposed zoning. Section 6. Upon completion of the hearing, the Board of "trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property into the Town of Frederick, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, PASSED, AND SIGNED THIS 28th DAY OF JULY, 2009. ATTEST: By ,� By Nanette -Fornof, Town Clei _tic D. Doering, Mayor EXHIBIT A Legal Description of Properties Proposed for Annexation to the Town of Frederick Weld County Road 16 Enclave Annexation and Rezone No. I A strip of land 30.00 feet in width, to be annexed to the "Town of Frederick, located in the Southwest Quarter (SW1/4) of Section Twenty-nine (2.9), Township Two North (T_2N.), Range Sixty-seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the Southwest corner of said Section 29 and assuming the West line of the SW 1!4 of said Section 29 as bearing North 00°10'23" West, being a grid bearing of the Colorado State Plane Coordinate System, North 7.one, North American Datum 1983/92, a distance of 2646.32 feet with all bearings contained herein relative thereto. THENCE North 00'10'23" West along the West line of the SW 14 of said Section 29, said West line also being the East line of the Josephine Roach Annexation, Ordinance No. 148 Approved by the Town of Frederick on March 25, 1976, a distance of 557.02 lent to the South line of the Camenish 126 Acre Annexation, recorded September 16, 2004 as Reception No. 3219299 of the Records of Weld County; THENCE NCE South 89°41'1 1" East along the South line of said Camenish Annexation a distance of 3.0.00 feet; THENCE South 00"10'23" East along a line parallel with and 31).00 feet Easterly of: as measured at a right angle to the West line of the SW114 14 of said Section 29 a distance of 527.02 feet; `I'HE.NCF. South 89"4l'31" East along a line parallel with and 30.00 feet Northerly of as measured at a right angle to the South line of the SW I/4 of said Section 29 a distance of 2609.35 feet, to the East line of the SWIM of said Section 29; THENCE South 00'12'00" East along the East line of the SWI/4 i4 of said Section 29 a distance of 30.00 feet to the South Quarter corner of said Section 29; TrTE.NCE North 89'41'31" West along the South line of the SW1:4 of said Section 29, said South line also being coincidental with the North line of the Josephine Roche Aruiexation, a distance of 2639.36 feet to the POINT OF BEGINNING. Said described parcel of land contains a total of 94,991 sq. It of 2.181 acres, more or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel of land. Weld County Road 16 Annexation and Rezone #2 Legal Description: A strip of land 80.00 feet in width located in the Southeast Quarter (SE'/4) of Section Twenty—seven (27), the Southwest Quarter (SW1/4) of Section Twenty —Six (26), the Northwest Quarter (NW1/4) of Section Thirty —Five (35) and the Northeast Quarter (NE1/4) of Section Thirty —Four (34), Township Two North (T.2N.), Range Sixty —Eight West (R.BSW.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Southeast corner of said Section 27 and assuming the South line of the SE1/4 of said Section 27 as nearing South 69'38'27" West. being o grid bearing of the Colorado Stote Plane Coordinate System, North Zone. North American Datum 1983/92, a distance of 2647.28feet with a4 bearings contained herein relative thereto. THENCE Nurth 00'23'36" West along the East !Inc of the SE!/4 of said Section 27 a distance of 30.00 feet to the FOINT OF 8LOINN:N0; THENCE North 89'35'24` East along a line parallel with and 30.00 feet Northerly of as measured of a right angle to the South line of the SW1/4 of Section 26 c distance of 50.00 feet to the West line of the HCT Annexation recorded November 3. 1969 as Reception No. 2196488 of the Records of Weld County; THENCE South 00'23'36" Eoat along sold West line a distance of 60.00 feet to the Northwest corner of the Nelson Annexation recorded November 19, 2003 as Reception No. 3127863 of the Records of Welc County; THENCE South 89'36'24" West along a line parallel with and 30.00 feet Southerly of as measured of a right angle to the South line of the SW1/4 of soil Section 26 a distance of 50.00 feet; THENCE South 89'38'27" West along a line being parallel with and 30.00 feet Southerly of as measured of a right unyle to the South line of the SE1/ 4 of Section 27 a distance of 550.80 feet to the East line of the R:ehurdson / Longmont Capital Annexation recorded August 26. 1999 os Reception No. 2716350 of the Records of Weld County; THENCE North 00'21'33" West along soil East line a distance of 60.00 feet to the Soutn line ot the Lor.grr,or.t Capitol Annexotion recorded October 16. 1995 cs Receptien No. 2459685 of the Records of Weld County; T-IENCE North 89'38'27' East along acid South line, ana also along a line being o line narailel with ana 30.00 feet Northerly of os measured at a right angle to the South line of the SE1/4 of Section 27 c dlstonce of 300.71 feet to the Soutneast corner of surd Annexution: THENCE North 89'38'27' Eust cur tii.u:ny uluny said parallel line o distance of 243.86 feet to the POINT OF BEGJNN.I' . Weld County Road 11 Enclave Annexation and Rezone No. 3 A strip of land 30.00 feet in width located in the Southwest Quarter (SW1/4) /4) of Section Twenty - Four (24), Township Two North (T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld. State of Colorado, being more particularly described as follows: COMMENCING at the Southwest corner of said Section 24 and assuming the West line of the SW I /4l of said Section 24 as bearing North 00°32'48" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2646.01 feet with all bearings contained herein relative thereto. THENCE North 00°_32'48" West along the West line of the SW 1/4 of said Section 24, said West line being coincidental with the East line of the Grant Parcel 2 Annexation, Ordinance 279, recorded February 25, 1988 as Reception No. 2131992 of the Records of Weld County, a distance of 30.00 feet to the North line of the 1995 Road #18 Annexation recorded October 19, 1995 as Reception No_ 2460180 of the Records of Weld County and to the POINT OF BEGINNING; THENCE: h.NCE continuing North 00'.32'48" West along the West line of the SW 1.'4 of said Section a distance of 1293.01 feet to the South line of the Grant Parcel I Annexation, Ordinance 278, recorded Eebniary 25. 1988 as Reception No. 213I989 of the Records of Weld County; THENCE continuing ;forth 00°32'48" West along said West line. said West line being coincidental with the Fast line of said Grant Parcel 1 Annexation a distance of 262.23 feet to the Sinitli line of the Milavec Annexation recorded March 16, 1989 as Reception No. 21 73617 of the Records of Weld County; TI IENCIi North 89°44'19" Fast along the South line of said Milavec Annexation a distance of 30.00 feet. 1 HENCE South 00°32'48" East along a line parallel with and 30.00 feet Easterly of, as measured at a right angle to the West line of the SW l'4 of said Section 24 a distance of 1555.23 feet to the North line of said 1995 Road #18 Annexation; 1'11ENCE South 89'44'29" West along said North line a distance of 30.00 feet to the POINT OF RFC;INNING. Said described parcel of land contains a total of 46,657 sq. ti or 1.071 acres, noire or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel of land. T11F,NCE North 00°29'49" West along the East line of the NE1/4 of said Section 26, said Fast line being coincidental with the East line of said Grant Parcel ; Annexation a distance of 2583.72 feet to the POINT OF BEGlNNINt.'. Said described parcel of land contains a total of 2911,118 sq. ft or 6.660 acres, more or less and is subject to any existing easements and rights of way of record or as nos existing on said described parcel of land. Weld County Road 11 Enclave Annexation and Rezone No. 4 A parcel of land located in the East Half (1~112) of Section Twenty -Six (26) and the West Half (W1f2) of Section Twenty -Five (25), Township Two North (T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows; COMMENCING at the Northeast corner of said Section 26 and assuming the East line of the Northeast Quarter (NE1/4) of said Section 26 as bearing South 00'29'49" East, being a grid hearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2613.72 feet with all bearings contained herein relative thereto. THF.NC E South 00'29'49" bast along the East line of the NE1/4 Section 26 said East line being coincidental with the East line of the Grant Parcel 3 Annexation, Ordinance No. 280 recorded February 25, 1988 as Reception No. 2131991 of the Records of Weld County a distance of 30.00 feet to the South line of the 1995 Road ;;18 Annexation recorded October 19, 1995 as Reception No. 2460180 of the Records of Weld County and to the POINT OF BEGINNING; THENCE North 89'44'29" East alone the South line of said 1995 Road #18 Annexation a distance of 5().0(1 feet; THENCE. South 00°29'49" East along a line parallel with and 50.00 feet Easterly of, as measured at a right angle to the East line of NE1/4 of said Section 26 a distance of 2584.20 feet to the South line of the Northwest Quarter (N\\' I!41 of Section 25; THENCE. North 89°42'23" West along the South line of said NWit4 of Section 25 a distance of 20.00 feet; THENCE South 00°08'35'' West along a line parallel with and 30.00 feet Easterly of, as measured at a right angle to the East line of the Southeast Quarter (51;1'4) of Section 26 a distance of 2681.90 feet to the North line of the Dacono Investment ('o. Annexation recorded May 1 I, 199() as Reception No. 2213521 of the Records of Weld County; THFNC:1: South 89'51'39" \Vest along the North line of said Dacono Investment Co. Annexation, said North line being parallel with and 30.00 feet Northerly of as measured at a right angle to the South line of the Southwest Quarter (SW1/'4) of Section 25 a distance of 30.00 feet to the West line of the SW 114 of said Section 25; THENCE South 89°36'21" West along a line parallel with and 30.00 feet Northerly of, as measured at a right angle to the South line of the S111/4 of Section 26 a distance of 30.0() feet to the East line or the Westervelt Annexation recorded September 21, 1995 as Reception No. 2456442 of the Records of Weld County; THENCE North 00°08'35" East along a line parallel with and 30.00 feet Westerly of, as measured at a right angle to the East line of the SE1/.4 of said Section 26, a portion of aforesaid line being coincidental with the Easterly line of said Westervelt Annexation a distance. of 2681.85 feet to the South line of the NE 1!4 of said Section 26 and to the South line of said Grant Parcel .; Annexation; Weld County Road 18 Annexation and Rezone #5 Legal Description: A strip of lard 20.00 feet in width, to be annexed to the Town of Frederick, located :n the Northwest Quarter (NW1/4) of Section Twenty —Five (25), Towns-.ip Two North (T.2N.), Range Sixty —Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly aescribed as follows: COMMENCING at the North Quarter corner of said Sectior 25 and ossuming the North line of the Northeast Quarter (NE1/4) of said Section 25 as bearing North 89'41'05" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2642.07 feet with all beor'ngs contaircd herein relative thereto; THENCE South 00'00'30" West along the East line of the NW1/4 of said Section 25 c distance cf 30.00 feet to the South line of the 1995 Road #18 Annexation recorded October 19. 1995 as Reception No. 2460180 of the Records of Weld County and to the POINT OF BEGINNING; THENCE South CO'00'30" West continuing along the East lire of the NW1/4 of said Section 25 a distarce of 20.00 feet; THENCE South 89'44'29" West along a lire parallel with and 50.00 feet Southerly of, as measured ct a right angle to the North line of the NW1/4 of scid Section 25 a distence of 2640.60 feet to the West line cf the NW1/4 of sold Section 25; THENCE North 00'29'49" West along the West line of the NW1/4 of said Section 25 c distance of 20.00 feet to the South line of the 1995 Road #18 Annexation; THENCE North 69'44'29" East along said South line a distance of 2640.78 feet to the POINT OF BEGINNING. Weld County Road 13 Enclave Annexation and Rezone No. 6 A portion of the Southwest Quarter (SW 1/4) of Section Thirty -One (31), Township Two North (T 2N.), Range Sixty-seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.). County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the West Quarter corner of said Section 31 and assuming the West line of the Southwest Quarter (SW114) of said Section 31 as bearing South 00'0I'55" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2656.13 feet with all beatings contained herein relative thereto. TI liNCE North 89'5l'37" East along said North line of the SW I /4, said North line also being the South line of the Town of Frederick recorded May 16, 1907 at Reception No. 119673 in the Records of Weld County, a distance of 35.39 feet to the West line of the Wagoner Annexation ., recorded June 12, 1989 at Reception No. 2182216 in the Records of Weld County; The following Three (3) courses and distances are along said Wagoner Annexation 2; THENCE South 00'04'QS" Fast a distance of 910.37 feet to the beginning point of a curve non - tangent to the aforesaid course: '1'1 I I".NCE along the arc of a non -tangent curve concave to the West a distance of 378.54 feet. said curve has a Radius of 1896.86 feet, a Delta of 11'26'03" and is subtended by a Chord bearing South 05`38'5u" West a distance of 377.91 feet to the West line of the SW 1/4 of said Section 31; THENCE North 00'1)1'55" East along said West line, said line being non -tangent to the atbresaid curve a distance of 179.85 feet, to the Southeast corner of the flacon° Investment Co. Annexation, Ordinance 324 Recorded Max. I f , 1990 at Reception Nn 2213521 of the Records of Weld County, 'I'11ENCE continuing North 00'0I'55" Fast along the West line of said SW 1'4, said line being coincidental with the East line of said 1)acono investment Co. Annexation a distance of 1106.52 feet to the POINT OF BEGINNING. Said described parcel of land contains a total of 42,270 sq. ft or 0.970 acres, more or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel o1' land. Town of Frederick Annexation and Rezone #7 Legal Description: A parcel of land located in the Northeast Quarter (NE1/4) of Section Twenty-four (24), Township Two North (T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the Center Quarter corner of said Section 24 and assuming the West line of the NE1/4 of said Section 24 as hearing North 00'17'35" West, being a grid bearing of the Colorado S talc Plane Coordinate System, North Zone, North American Datum 1983,92, a distance of 2649.54 feet with all bearings contained herein relative thereto. 'I'II NCH North 00°17'35" West along the West line of the NE:I/4 of said Section 24, and also the East line of Kellogg Annexation Plat recorded October 25,1995 as Reception No. 2461 024 of the Records of Weld County a distance of 412.13 feet to the Southwest Corner of Moore bunts Annexation recorded November 17, 2000 as Reception No. 2807872 of the Records of Weld County; The following Two (2) courses and distances arc along the Southerly line of said Moore Farms Annexation. -1'l IF'NCF South 66"59'48" Fast a distance of 419.6() feet; THENCE North 3.9'30'16" East a distance of 72.41 feet to the Northwest corner of the Milavec Annexation recorded March 16, 1989 us Reception No. 2173617 of the Records of Weld County; THENCE South 00'17'36" East along the Westerly line ot'said Milavec Annexation a distance of' 302.38 feet to the South line of the NE.1/4 of Section 24; 1'l IE NC:t: South 89'46'53" West along the South line ofthc NEI r4 of Section 24, and also the North line of the Milavee Annexation a distance of 431.74 feet to the POINT OF BEGINNING. Said described parcel of land contains a total of 139,675 sq. ft or 3.206 acres, more or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel of land. Town of Frederick Annexation and Rezone #8 Legal Description: A parcel of land located in the Southwest Quarter (SWI/4) /4) of Section Thitty (30), Township Two North, Range Sixty -Seven (R.67W.), of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Southwest Corner of said Section 30 and assuming the West line of the SW 114 of said Section 30 as bearing North 00°11'05" East, being a grid hearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2666.81 feet with all bearings contained herein relative thereto. THENCE North 00°11'05" East along the West line of the SW 114 of said Section 30 a distance of 30.00 feet to the Northwest corner of theW'CR 16 Annexation, recorded December 10, 1982 as Reception No. 1911088 of the Records of Weld County, and to the POINT OF BEGINNING; THiiNCE North 00°11 '05" East continuing along the West line of the SWof Section 30, said line being coincidental with the East line of the Shrek Annexation, recorded August 29, 2008 as Reception No. 3575512 of the Records of Weld County, a distance of 970.00 feet to the Southerly line of the Milavee Annexation, recorded March 16, 1989 as Reception No. 2173617 of the Records of Weld County; THENCE North 89°48'55" East along the Southerly line of said Milavee Annexation a distance of 16.97 feet to a corner of the Millavcc Annexation; TI IIiNC:1: South 00"(l2'0 West along the West line of the Milavec Annexation a distance of 969.94 feet to the Northerly line of the WCR 16 Annexation; THENCE South 89°59'26" West along a line parallel with and 30.0(1 feet Northerly of, as measured at a right angle to the South line of the SW1'4 ot'Section 30. said line being coincidental with the North line of said WCR 16 Annexation. a distance of 19.52 feet to the POINT OF BEGINNING. Said described parcel of land contains a total of 17,697 sq. ft or 0.406 acres, more or less and is subject to any existing casements and rights of way of record or as now existing on said described parcel of land. Town of Frederick Annexation and Rezone #9 Legal Description: A parcel of land located in the Northwest Quarter (N'W1/4) of Section Twenty -Five (25), Township Two (2) North, Range Sixty -Eight (R.68W.), of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the Center Quarter Corner of said Section 25 and assuming the East line of the NW1/4 of said Section 25 as bearing North 0000'30" East. being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2638.95 feet with all hearings contained herein relative thereto. THENCE North 89°4223" West along the South line of the NW1/4 of said Section 25 a distance of 40.00 feet; THENCE North 00°00'30" East along a line parallel with and 40.00 feet Westerly of, as measured at a right angle to the East line of the NWl /4 of said Section 25, a distance of 1319.27 feet; THENCE South 89'59'30" East a distance of 40.00 feet to the Censer -North I/I61H corner of Section 25; THENCE South 00°00'30" West along the East line of the N\ 1.`4 of Section 25, said line being coincidental with the West line of the Earl Sowers Annexation, recorded March 3, 1989 as Reception No. 21736H of the Records of Weld County, a distance of 1319.47 feet to Cie POINT OF BEGINNING. Said described parcel of land contains a total of 52,775 sq. ft or 1.212 acres, more or less and is subject to any existing easements and rights of way cif record or as now existing on said described parcel of land. Weld County Road 16 Enclave Annexation and Rezone #1 Pt Ili ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: 02/18/2009 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, William F. Garcia , serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 1 parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is R-1, Residential Low Density. 3 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the aagve information is complete and true. c 02/18/2009 Owner — William F. Garcia Date Chair, Board of County Commissioners, on behalf of Weld County STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 18th day of February , 2009 by William F. Garcia My commission expires. _,,+""=.�:.y Witness My Hand and G� ( a0 Notary ublic My Comm!estox Exores Max 19.2009 Landowner/Petitioner Mailing Address: Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print Landowner/Petitioner: Chair, Weld County Mailing Address: 915 10th Street, Greeley, Colorado 80631 Date: 02/18/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF William F. Garcia. Chair , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name is purports to be. Circulator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 18th day of February , 20 09 by William F. Garcia My commission expires: 7 tic! /.9-061 Witness My Hand and G Notary rublic My Commission Expires Mav 19 2009 6 ( x'61 /1O ni4 v EXHIBIT A Weld County Road 16 Annexation and Rezone #1 Legal Description: A strip of land 30.00 feet in width, to be annexed to the Town of Frederick, located in the Southwest Quarter (SW1/4) of Section Twenty—nine (29), Township Two North (T.2N.), Range Sixty—seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being mare particularly described as follows: BEGINNING at the Southwest corner of said Section 29 and assuming the West line of the SW1/4 of said Section 29 as bearing North 00'10'23" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2646.32 feet with all bearings contained herein relative thereto. THENCE North 00'10'23" West along the West line of the SW1/4 of said Section 29, said West line also being the East line of the Josephine Roach Annexation, Ordinance No. 148 Approved by the Town of Frederick on March 25, 1976, a distance of 557.02 feet to the South line of the Camenish 126 Acre Annexation, recorded September 16, 2004 as Reception No. 3219299 of the Records of Weld County; THENCE South 89'41'11" East along the South line of said Camenish Annexation a distance of 30.00 feet; THENCE South 00'10'23" East along a line parallel with and 30.00 feet Easterly of, as measured at a right angle to the West line of the SW1/4 of said Section 29 a distance of 527.02 feet; THENCE South 89'41'31" East along a line parallel with and 30.00 feet Northerly of, as measured at a right angle to the South line of the SW1/4 of said Section 29 a distance of 2609.35 feet, to the East line of the SW1/4 of said Section 29; THENCE South 00'12'00" East along the East line of the SW1/4 of said Section 29 a distance of 30.00 feet to the South Quarter corner of said Section 29; THENCE North 89'41'31" West along the South line of the SW1/4 of said Section 29, said South line also being coincidental with the North line of the Josephine Roche Annexation, a distance of 2639.36 feet to the POINT OF BEGINNING. TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a portion of Ridgeway Boulevard/WCR 15 and Tipple Parkway/WCR 16 Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town of Frederick to annex 2.181 acres of right-of- way to the Town of Frederick. The right-of-way is located along the western edge of Section 29, Township 2, Range 67 West, and between Sections 29 and 32, Township 2, Range 67 West, of the 6th P.M, Weld County Colorado. Presently the property is used for right-of-way and is located within Weld County jurisdiction. There is no development proposed for the area to be annexed as it will continue to be used as right-of-way. The area will be zoned R-1 as the Town extends adjacent zoning districts to the center of the right -of way. The right-of-way will be maintained by the Town of Frederick. Half the property is adjacent to existing Town boundaries, therefore, it satisfies the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information needs. Thank you for your consideration in this matter. Sincere Eric. E. Doering, Mayor Cc: file TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a portion of right-of-way located along Ridgeway Boulevard/CR 15 and Tipple Parkway/CR 16. Because the property is currently owned by Weld County and will be preserved as right-of-way to be used for public roadways, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report! 6. Property tax statement 7. Assessment report 8. Phase 1 environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years and older Items found in Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Letters of support and statement of intent to include or exclude property into or from all applicable special districts 2. Site analysis map 3. Land dedication for public sites Thank you for your consideration in this manner Etic E. Doering �� Mayor cc: Annexation #1 File DATE: 03/08/2007 s a $ m a a r a IZ8S-989 (0L6) "x3 I 1109-989 (0L6) :auogd o uo o sos m ann va se 09908 P I D ` P AA Q P D 099 DNj `S2IO IHA2IfIs ONI}j �,=<p^^� • �!,1 0£508 '03 •NOIN3038.i 1332ll5 15f1O0l Boa s£o Roe 'o'e NOIa303ae JO NMOJ. t 'ON 3NOZ38 ONY NOILYx3NNY 9I avow KLNnoo a13M PROJECT R 2007048 T4/ti/s ` ux'""° 93d °'" 90/6i/20 ,'"', m^ °�N39 m/ds Ts3 4NTIxW m5 OS "39 ^^� ° �a s °4I c ! s=§ $ F '- i,EwET A 3Y� $ yypR I; Is ' N xWtrEO•w aeu.1Y fillikrilliti IC. 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Garcia , serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. 9. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is BLI, Business/Light. Industrial. WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. 02/18/2009 Owner 1 itflam F. Garcia Date Chair, Board of County Commissioners, on behalf of Weld County STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 18th day Of February , 20 09 by William F. Garcia My commission expires: 5 (Ici iaerq Witness My Hand and Official S My Commission Expires Ma/ t 9.2009 Landowner/Petitioner Mailing Address: Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print William F. Garcia, Chair, Weld County Landowner/Petitioner: Board of Commissioners Mailing Address: 915 10th Street, Greeley. Colorado 80631 Date: 02/18/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 5 EXHIBIT A Weld County Road 16 Annexation and Rezone #2 Legal Description: A strip of land 60.00 feet in width located in the Southeast Quarter (SE1/4) of Section Twenty—seven (27), the Southwest Quarter (SW1/4) of Section Twenty —Six (26), the Northwest Quarter (NW1/4) of Section Thirty —Five (35) and the Northeast Quarter (NE1/4) of Section Thirty —Four (34), Township Two North (T.2N.), Range Sixty —Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Southeast corner of said Section 27 and assuming the South line of the SE1/4 of said Section 27 as bearing South 89'38'27" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2647.28feet with all bearings contained herein relative thereto. THENCE North 00'23'36" West along the Eost line of the SE1/4 of said Section 27 a distance of 30.00 feet to the POINT OF BEGINNING; THENCE North 89'35'24" East along a line parallel with and 30,00 feet Northerly of as measured at a right angle to the South line of the SW1/4 of Section 26 o distance of 50.00 feet to the West line of the HCT Annexation recorded November 3, 1989 as Reception No. 2196468 of the Records of Weld County; THENCE South 00'23'36" East along said West line a distance of 60.00 feet to the Northwest corner of the Nelson Annexation recorded November 19, 2003 as Reception No. 3127863 of the Records of Weld County; THENCE South 89'36'24" West along a line parallel with and 30.00 feet Southerly of as measured at a right angle to the South line of the SW1/4 of said Section 26 a distance of 50.00 feet; THENCE South 89'38'27" West along a line being parallel with and 30.00 feet Southerly of as measured at a right angle to the South line of the SE1/4 of Section 27 a distance of 550.60 feet to the East line of the Richardson / Longmont Capital Annexation recorded August 26, 1999 as Reception No. 2715350 of the Records of Weld County; THENCE North 00'21'33" West along said East line a distance of 60.00 feet to the South line of the Longmont Capitol Annexation recorded October 16, 1995 as Reception No. 2459665 of the Records of Weld County; THENCE North 89'38'27" East along said South line, and also along a line being a line parallel with and 30.00 feet Northerly of as measured at o right angle to the South line of the SE1/4 of Section 27 a distance of 300.71 feet to the Southeast corner of said Annexation; THENCE North 89'38'27" East continuing along said parallel line o distance of 249.86 feet to the POINT OF BEGINNING. 7 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF ) William F. Garcia. Chair , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pages including this page and that each signature hereon was witnessed by your affiar and is the signature of the person whose name is purports to be. `.C Circulator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 18th day of February , 20 09 by William F. Garcia My commission expires: hati Witness My Hand and Official MyCommission Exo!res Mav 19 2009 6 TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a portion of Tipple Parkway/WCR 16 Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town of Frederick to. annex 0.827 acres of right-of- way to the Town of Frederick. The right-of-way is located at the southeast corner of Section 27, Township 2, Range 68 West, of the 6` P.M, Weld County Colorado. Presently the property is used for right-of-way and is located within Weld County jurisdiction. There is no development proposed for the area to be annexed as it will continue to be used as right-of-way. The area will be zoned BLI as the Town extends adjacent zoning districts to the center of the right -of way. The right-of-way will be maintained by the Town of Frederick. Nearly one-third of the property is adjacent to existing Town boundaries, therefore, it satisfies the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information needs. Thank you for your consideration in this matter. Eric. E. Doering, Mayor Cc: file TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a portion of right-of-way located along Tipple Parkway/CR 16, just west of the West I-25 Frontage Road. Because the property is currently owned by Weld County and will be preserved as right-of-way to be used for public roadways, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report 6. Property tax statement 7. Assessment report 8. Phase 1 environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years and older Items found in Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Letters of support and statement of intent to include or exclude property into or from all applicable special districts 2. Site analysis map 3. Land dedication for public sites Thank you for your consideration in this manner Regards Eric I:. Doering Mayor cc: Annexation #2 File 8 e8 8 E a0, IZ8S-989 (0L6) "(E.; I 1109-989 (0L6) :uogd OSSO8 opuoioD `sospurj I anrsQ uapws° 0S9 DNI `SUOAanxns ONIN dIS 0000 60/91/9 w/wJho 01101.100 net 0avae LO/✓G ms0 S±0 000 and owe.' m Worm= and ansn LO-ZZKO MVO SN06N3N 0£S09 '00 'N3Ia303113 133HLs lsn00l Lop SCt x09 '0'd )IOIN30321i AO N/A01 Z 'ON 3NOZ38 ONY NOLLY%3NNV 91. OVOJ KLNf100 013M r GIGO Ms Omer(.). Q x � o z o a 21 6 1 6 15 sirlAvarrtmti -q 5Y 12 �r ss .5 'I ft 4 61. I .05g €3 100 e S 8 a k s A R A k S R i S d 51ka .mw orn, mums tno-noverowoz Weld County Road 11 Annexation and Rezone #3 PL ill ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: 02/18/2009 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, William F. Garcia , serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 1 parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. 9. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. j• 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is R-1, Residential Low Density. 3 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that theebove information is complete and true. Owner Chair, Board of County Commissioners, on behalf of Weld County 02/18/2009 William F. Garcia Date STATE OF COLORADO) )ss. COUNTY OF The foregoing instrument was acknowledged before me this 18th day of February , 2009 by William F. Garcia My commission expires: 5ii`lbixw Witness My Hand and Official My Commission Expires Ma' 19.20G9 Landowner/Petitioner Mailing Address: Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print William F. Garcia, Chair Landowner/Petitioner: Weld County Board of Commissioners Mailing Address: 915 10th Street. Greeley. Colorado 80631 Date: 02/18/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF William F. Garcia, Chair Weld County:,Boardr,of Commissioners , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pages including this page and that each signature hereon was witnessed by your affiantd is the signature of the person whose name is purports to be. Circulator STATE OF COLORADO) )ss. COUNTY OF The foregoing instrument was acknowledged before me this 18th day of February , 20 09 by William F. Garcia My commission expires: 5 Witness My Hand and Official Sea -_ FER vgryr .t1OTARfr PUB L1C Orco)QF My Commission Expires tae. 6 Publi EXHIBIT A Weld County Road 11 Annexation and Rezone #3 Legal Description: A strip of land 30.00 feet in width located in the Southwest Quarter (SW1/4) of Section Twenty —Four (24), Township Two North (T.2N.), Range Sixty —Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Southwest corner of said Section 24 and assuming the West line of the SW1/4 of said Section 24 as bearing North 00'32'48" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2646.01 feet with all bearings contained herein relative thereto. THENCE North 00'32'48" West along the West line of the SW1/4 of said Section 24, said West line being coincidental with the East line of the Grant Parcel 2 Annexation, Ordinance 279, recorded February 25, 1988 as Reception No. 2131992 of the Records of Weld County, a distance of 30.00 feet to the North line of the 1995 Road #18 Annexation recorded October 19, 1995 as Reception No. 2460180 of the Records of Weld County and to the POINT OF BEGINNING; THENCE continuing North 00'32'48" West along the West line of the SW1/4 of said Section a distance of 1293.01 feet to the South line of the Grant Parcel 1 Annexation, Ordinance 278, recorded February 25, 1988 as Reception No. 2131989 of the Records of Weld County; THENCE continuing North 00'32'48" West along said West line, said West line being coincidental with the East line of said Grant Parcel 1 Annexation a distance of 262.23 feet to the South line of the Milavec Annexation recorded March 16, 1989 as Reception No. 2173617 of the Records of Weld County; THENCE North 89'44'19" East along the South line of said Milavec Annexation a distance of 30.00 feet. THENCE South 00'32'48" East along a line parallel with and 30.00 feet Easterly of, as measured at a right angle to the West line of the SW1/4 of said Section 24 a distance of 1555.23 feet to the North line of said 1995 Road #18 Annexation; THENCE South 89'44'29" West along said North line a distance of 30.00 feet to the POINT OF BEGINNING. 7 TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a portion of Silver Birch Boulevard/WCR 11 Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town of Frederick to annex 1.071 acres of right-of- way to the Town of Frederick. The. right-of-way is located at the southwest corner of Section 24, Township 2, Range 68 West, of the 6t" P.M, Weld County Colorado. Presently the property is used for right-of-way and is located within Weld County jurisdiction. There is no development proposed for the area to be annexed as it will continue to be used as right-of-way. The area will be zoned R-1 as the Town extends adjacent zoning districts to the center of the right -of way. The right-of-way will be maintained by the Town of Frederick. Approximately one-half of the property is adjacent to existing Town boundaries, therefore, it satisfies the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information needs. Thank you for your consideration in this matter. Sincerel Eric. E. Doering, Mayor Cc: file TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a portion of right-of-way located along Silver Birch Boulevard/CR 11, just north of the Godding Hollow Parkway/CR 18. Because the property is currently owned by Weld County and will be preserved as right-of-way to be used for public roadways, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report 6. Property tax statement 7. Assessment report 8. Phase I environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years and older Items found in Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Letters of support and statement of intent to include or exclude property into or from all applicable special districts 2. Site analysis map 3. Land dedication for public sites Thank you for your consideration in this manner Eric E. Doering Mayor cc: Annexation #3 File F 0 a 3I S E' a� a IZBS-989 (0L6) °03 II09-989 (0L6) :auogd 09908 opesotoD `losprn I anpa uapieo 099 �NI `511OAHATIf1S ONI}j Fo- t€§ aa 28s a 32 3 sg =€ a i-4 gg$ Y his nt. ss 8 gig ID S2 - a. a a d n3! tlo/ci/s 60/12/10 WeL/tio 5±131.90 and 03on3tl ed sa uw111Ca Old 00113e MD sswMO3 Old 0351006 0606311 O3±0]O Lo/Js LO -at KO uw10V0 ad 00103tl 31Y0 SN06N3N 0fS08 '00 'X01830383 1338LS isna01 LOt SLY X08 '0'd W321303i13 40 NM0J £ ON 3NOZ38 OW NOLLYX3NNY LL 0V021 AINnoo 013M r an 14 \y ?do ` ft IA; 8O ;-20 2 Yl l2 6 E5 a fe[ 113 s. Bm d"d E 8 A. Ab er avoa,uunoo rR 3 6x.41 Z S Y 8 8 R 8 R 3 / / R / (««< F.,N611:0041037.1b% YMoo-n atote yVl Weld County Road 11 Annexation and Rezone #4 Ph III ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: 03/11/2009 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, William F. Garcia , serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 1 j• parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed are R-1, Residential Low Density. 3 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. 03/11/2009 Owner - William F. Garcia Date Chair, Board of County Commissioners, on behalf of Weld County STATE OF COLORADO) )ss. COUNTY OF The foregoing instrument was acknowledged before me this 11th day of March 20 09 by William F. Garcia My commission expires: +l -/D- &19/g Witness My Hand ��ylf b eal. al elS) 9p' ...,.. _.,.•'Q,P Fop cots' MY COMMISSION EXPIRES, 0410 201? Landowner/Petitioner Mailing Address: Notary Public Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 eta 9- 663017 Landowner/Petitioner: Mailing Address: RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print William F. Garcia, Chair Weld County Board of Commissioners 915 10th Street, Greeley, Colorado 80631 Date: 03/11/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 5 ate- oH3J7 Exhib,+- A° PROPERTY DESCRIPTION Weld County Road 11 Enclave Annexation and Rezone No. 4 A parcel of land located in the East Half (E1/2) of Section Twenty -Six (26) and the West Half (W1/2) of Section Twenty -Five (25), Township Two North (T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Northeast corner of said Section 26 and assuming the East line of the Northeast Quarter (NE 1/4) of said Section 26 as bearing South 00°29'49" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2613.72 feet with all bearings contained herein relative thereto. THENCE South 00°29'49" East along the East line of the NEl/4 Section 26 said East line being coincidental with the East line of the Grant Parcel 3 Annexation, Ordinance No. 280 recorded February 25, 1988 as Reception No. 2131991 of the Records of Weld County a distance of 30.00 feet to the South line of the 1995 Road #18 Annexation recorded October 19, 1995 as Reception No. 2460180 of the Records of Weld County and to the POINT OF BEGINNING; THENCE North 89°44'29" East along the South line of said 1995 Road #18 Annexation a distance of 50.00 feet; THENCE South 00°29'49" East along a line parallel with and 50.00 feet Easterly of, as measured at a right angle to the East line of NEl/4 of said Section 26 a distance of 2584.20 feet to the South line of the Northwest Quarter (NW I/4) of Section 25; THENCE North 89°42'23" West along the South line of said NW 1/4 of Section 25 a distance of 20.00 feet; THENCE South 00°08'35" West along a line parallel with and 30.00 feet Easterly of, as measured at a right angle to the East line of the Southeast Quarter (SE1/4) of Section 26 a distance of 2681.90 feet to the North line of the Dacono Investment Co. Annexation recorded May 11, 1990 as Reception No. 2213521 of the Records of Weld County; THENCE South 89°51'39" West along the North line of said Dacono Investment Co. Annexation, said North line being parallel with and 30.00 feet Northerly of as measured at a right angle to the South line of the Southwest Quarter (SW1/4) 1/4) of Section 25 a distance of 30.00 feet to the West line of the SW I/4 of said Section 25; THENCE South 89°36'21" West along a line parallel with and 30.00 feet Northerly of, as measured at a right angle to the South line of the SE1/4 of Section 26 a distance of 30.00 feet to the East line of the Westervelt Annexation recorded September 21, 1995 as Reception No. 2456442 of the Records of Weld County; THENCE North 00°08'35" East along a line parallel with and 30.00 feet Westerly of, as measured at a right angle to the East line of the SE 1/4 of said Section 26, a portion of aforesaid line being coincidental with the Easterly line of said Westervelt Annexation a distance of 2681.85 feet to the South line of the NE1/4 of said Section 26 and to the South line of said Grant Parcel 3 Annexation; AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF ) William F. Garcia, Chair Weld County Board of Commissioners , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name is purports to be. 611,00'? Circulator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 11th day of March , 20 09 by William F. Garcia My commission expires: �%/0' a&O/gz Witness My Ha Rd.DTI Seal. s 0 PUBOP eOPC(7AP MY COMMISSION EXPIRES:0410 2012 6 Notary Public/ �?cc 063i TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a portion of Silver Birch Boulevard/WCR 11 Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town of Frederick to annex 5.474 acres of right-of- way to the Town of Frederick. The right-of-way is located along the western edge of Section 25, Township 2, Range 68 West, of the 6 P.M, Weld County Colorado. Presently the property is used for right-of-way and is located within Weld County jurisdiction. There is no development proposed for the area to be annexed as it. will continue to be used as right-of-way. The area will be zoned R-1 as the Town extends adjacent zoning districts to the center of the right -of way. The right-of-way will be maintained by the Town of Frederick. Approximately one-third of the property is adjacent to existing Town boundaries, therefore, it satisfies the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information needs. Thank you for your consideration in this matter. Eric. E. Doering, Mayor Cc: file TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a portion of right-of-way located along Silver Birch Boulevard/CR 11, between Godding Hollow Parkway/CR 18 and Tipple Parkway/CR 16. Because the property is currently owned by Weld County and will be preserved as right-of-way to be used for public roadways, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the, Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report 6. Property tax statement 7. Assessment report 8. Phase 1 environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years anddolder Items found in Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Letters of support and statement of intent to include or exclude property into or from all applicable special districts 2. Site analysis map 3. Land dedication for public sites Thank you for your consideration in this manner Reg 452-7 Eric E. Doering Mayor cc: Annexation #4 File a 1389-989 (0L6) :Kg3 I 1109-989 (OLE) :auogd 05508 013E oioJ'sospunM I aAUQ uaP"8J 059 �NI `S2IOX'Axns ONI}j 5 5.5 Y�rA Y oi3 3! s6 2 xio 511010•00 Na a663e whir so/Ric w/eVe to/I/s awa N311F] 035 OSVaL SLN311NYO m 06030 x SSN3OIWJ 035 06630 163 01301W 03506030 8 a La La 0 i:e' S N A 2 $ 5 SN0SN3N efl ocsoa roc 'N01830323 133aLs LsnoO1 LOD SLY XO8 'O'd n,c0c 3.or.tcoN )101830384 40 122.101 9 ON 3N023N ONV NOLLVX3NNV ll 0V08 AJW100 013M FEN, NNNNNNNNNN\NNNN1\\\\ 5 s .3 a ad 91 QVOWALN]0O 073M /I N m n N $L N a; _-o tIN qtp ego Ea / St OVOUALNOOO O73A1 \\\\\\\\\\\\\\\\ NN \\\\'SOtilr 3.&nooN \\\\\ ra,.v,.E.,ne. flo-xo w.r, M„ Weld County Road 18 Annexation and Rezone #5 PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: 02/18/2009 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, William F. Garcia , serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 1 parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting_the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed are R-1, Residential Low Density, C -N, Commercial District, Neighborhood, P, Public, and C -C, Commercial District, Community. 3 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. 02/18/2009 caner - William F. Garcia Date Chair, Board of County Commissioners, on behalf of Weld County STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 18th day of February ,20 09 by William F. Garcia My commission expires: 05 / Witness My Hand and Official Landowner/Petitioner Mailin Adelyd's5 Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Landowner/Petitioner: Please print William F. Garcia, Chair Weld County Board of Commissioners Mailing Address: 915 10th Street. Greeley. Colorado 80691 Date: 02/18/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. S AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF William F. Garcia, Chair Weld County Board of Commissioners , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name is purports to be. fl Circulator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 18th day Of February , 20 09 by William F. Garcia My commission expires: 51 lei I'RCCt.j Witness My Hand and Official Se E D.,.. 1,".3V 9 2009 6 EXHIBIT A Weld County Road 18 Annexation and Rezone #5 Legal Description: A strip of land 20.00 feet in width, to be annexed to the Town of Frederick, located in the Northwest Quarter (NW1/4) of Section Twenty —Five (25), Township Two North (T.2N.), Range Sixty —Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the North Quarter corner of said Section 25 and assuming the North line of the Northeast Quarter (NE1/4) of said Section 25 as bearing North 89'41'05" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2642.07 feet with all bearings contained herein relative thereto; THENCE South 00'00'30" West along the East line of the NW1/4 of said Section 25 a distance of 30.00 feet to the South line of the 1995 Rood #18 Annexation recorded October 19, 1995 as Reception No. 2460180 of the Records of Weld County and to the POINT OF BEGINNING; THENCE South 00'00'30" West continuing along the East line of the NW1/4 of said Section 25 a distance of 20.00 feet; THENCE South 89'44'29" West along a line parallel with and 50.00 feet Southerly of, as measured at a right angle to the North line of the NW1/4 of said Section 25 a distance of 2640.60 feet to the West line of the NW1/4 of said Section 25; THENCE North 00'29'49" West along the West line of the NW1/4 of said Section 25 a distance of 20.00 feet to the South line of the 1995 Road #18 Annexation; THENCE North 89'44'29" East along said South line a distance of 2640.78 feet to the POINT OF BEGINNING. 7 TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a portion of Godding Hollow Parkway/WCR 18 Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town of Frederick to annex 1.212 acres of right-of- way to the Town of Frederick. The right-of-way is located along the southern edge of Section 24, Township 2, Range 68 West, and the northern edge of Section 25, Township 2, Range 68 West, of the 6th PM, Weld County Colorado. Presently the property is used for right-of-way and is located within Weld County jurisdiction: There is no development proposed for the area to be annexed as it will continue to be used as right-of-way. The area will contain R-1, C -N, P, and C -C zoning districts as the Town extends adjacent zoning districts to the center of the right -of way. The right-of-way will be maintained by the Town of Frederick. Approximately one-half of the property is adjacent to existing Town boundaries, therefore, it satisfies the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information needs. Thank you for your consideration in this matter. Eric. E. Doering, Mayor Cc: file TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a portion of right-of-way located along Godding Hollow Parkway/CR 18, between Silver Birch Boulevard/CR 11 and Colorado Boulevard/CR 13. Because the property is currently owned by Weld County and will be preserved as right-of- way to be used for public roadways, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report 6. Property tax statement 7. Assessment report 8. Phase environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years and older Items found in Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Letters of support and statementof intent, to include or exclude property- into or from all applicable special districts 2. Site analysis map 3. Land dedication for public sites Thank you for your consideration in this manner Reg i -C-4-7 Eric E. Doering Mayor cc: Annexation #5 File a 1Z89-989 (0L6) :sag I I I09-989 (0L6) cavogd 05508 opuoioD'sospmux‘ I ae1Q aap's° 059 DNI `SHOAHAxns ONI> h Pk, 0 tz; S 5.3153 ISIii ➢ I sons 00/64410 ]sa SLN3Npa ma 0331151 od as vxaooa mad cosy.", m/Os LO -LL -SO ammo, YN COSMO 3LYO SNOSN3C OOS08 '03 'X3INJO3Nd 133a11S 150001 LOP SCP X08 '0'd NOI8303N3 40 NMOI S 'ON 3NOZ3N ONY NOLLYX3NNY el avow AtNf100 013M m. RR 2 • A 141 jiii y g et i--YA • k8.1 -Coe 5gsrv@8@- 'al ref bibs' was a SIVISL UVONALVIIOJ (173AI €S tag fism ego Sou o rcz .O! Woo: m PAgr 2 z 5R1e a $= afy a6 Or g .1t • • Ee5o =6 S si n.nn=s 6i €➢€5655 LINE TABLE ❑NE I BEARING I LENGTH bb AA.,AaA g kkPkkk RR)R AAA �8z2:t:8AR RR Rik pfi A3 €F s : la th 11 QYON.V.NI100 Q7: L p d�y 0 Mc) w 0 e.3+nassamxntRws>Xxv.wtmru we Weld County Road 13 Annexation and Rezone #6 Pb I I I ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: 02/18/2009 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, William F. Garcia , serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 1 parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed are C -H52, Mixed Use Highway 52 District. 3 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. Owner- William F. Garcia Date Chair, Board of County Commissioners, on behalf of Weld County STATE OF COLORADO) )ss. COUNTY OF 02/18/2009 The foregoing instrument was acknowledged before me this 18th day Of February , 20 09 by William F, Garcia My commission expires: 5/i'i I2CCq Witness My Hand and Official S Crn rtdsGn:. F C5 PUB LANQt 9F 00\-9%i' Landowner/Petitioner Mailing Address: Pub Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 nice bit RECORD OF LAND OWNERSHIP AND DATED SIGNED Landowner/Petitioner: Please print William F. Garcia, Chair Weld County Board of Commissioners Mailing Address: 915 10th Street, Greeley, Colorado 80631 Date: 02/18/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF ) William F. Garcia, Chair Weld County Board of Commissioners , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pages including this page and that each signature hereon was witnessed by your affit an the signature of the person whose name is purports to be. Circulator STATE OF COLORADO) )ss. COUNTY OF The foregoing instrument was acknowledged before me this lath day Of February , 20 09 by William F. Garcia My commission expires: hijiaTA Witness My Hand and Officia,h$ E PUBLIC, Cor-ris2n Excxrrs 6 /Utz )-CI (y1010O,1 )7{ Publi v EXHIBIT A Weld County Road 13 Annexation and Rezone #6 Legal Description: A portion of the Southwest Quarter (SW1/4) of Section Thirty —One (31), Township Two North (T.2N.), Range Sixty—seven West (R.67W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the West Quarter corner of said Section 31 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 31 as bearing South 00'01'55" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2656.13 feet with all bearings contained herein relative thereto. THENCE North 89'51'37" East along said North line of the SW1/4, said North line also being the South line of the Town of Frederick recorded May 16, 1907 at Reception No. 119673 in the Records of Weld County, a distance of 35.39 feet to the West line of the Wagoner Annexation 2, recorded June 12, 1989 at Reception No. 2182216 in the Records of Weld County; The following Three (3) courses and distances are along said Wagoner Annexation 2; THENCE South 00'04'05" East a distance of 910.37 feet to the beginning point of a curve non —tangent to the aforesaid course; THENCE along the arc of a non —tangent curve concave to the West a distance of 378.54 feet, said curve has a Radius of 1896.86 feet, a Delta of 11'26'03" and is subtended by a Chord bearing South 05'38'50" West a distance of 377.91 feet to the West line of the SW1/4 of said Section 31; THENCE North 00'01'55" East along said West line, said line being non —tangent to the aforesaid curve a distance of 179.85 feet, to the Southeast corner of the Dacono Investment Co. Annexation, Ordinance 324 Recorded May 11, 1990 at Reception No.2213521 of the Records of Weld County; THENCE continuing North 00'01'55" East along the West line of said SW1/4, said line being coincidental with the East line of said Dacono Investment Co. Annexation a distance of 1106.52 feet to the POINT OF BEGINNING. 7 TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a portion of Colorado Boulevard/WCR 13 Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town -of Frederick to annex 0.97 acres of right-of- way to the Town of Frederick. The right-of-way is located along the western edge of Section 31, Township 2, Range 67 West, of the 6t" P.M, Weld County Colorado. Presently the property is used for right-of-way and is located within Weld County jurisdiction. There is no development proposed for the area to be annexed as it will continue to be used as right-of-way. The area will be zoned C -H52 as the Town extends adjacent zoning districts to the center of the right -of way. The right-of-way will be maintained by the Town of Frederick. The entire property is adjacent to existing Town "boundaries, therefore, it satisfies' the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information needs. Thank you for your consideration in this matter. Eric. E. Doering, Mayor TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a portion of right-of-way located along Colorado Boulevard/CR 13, just north of Highway 52. Because the property is currently owned by Weld County and will be preserved as right-of-way to be used for public roadways, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report 6. Property tax statement 7. Assessment report 8. Phased environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years and older Items found in Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Letters of support and statement of intent to include or exclude property into or from all applicable special districts 2. Site analysis map 3. Land dedication for public sites Thank you for your consideration in this manner Regar Eric E. Doering Mayor cc: Annexation #6 File x 5 ra S d 0 6 d INS -989 (0L6)'xB3 I IIOS-989 (0L6) =mid OSSOB opesoto0 `sospcn, F an1Q uapn9 099 DMI `SHOAHAxns ONI}I , RANGE 67 WEST OF THE 6TH P.M. sG 66 hr aa3 • a. cnn e, 35 §15 ‘ f 5' _ � ! * ,a �1 _� { . 50/CIA >s0 20/0411 0e 00/61/90 Od LO/Os 'so LO -224O MJ 01Y0 WPM, tad Mal SN0SN39 0£509 '03 'X0183038! 133815 1sf1001 LOt Mr X09 '0'd NOliJ303en 30 NMOI 9 'ON 3NOZ38 ONY NOLLVX3NNV £l (VON A1181100 a13M 1m SCALE IN FEET looflIVIPA,W0UITAnT901OCYW0L0SINURIII 4 Town of Frederick Annexation and Rezone #7 PE III ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: A koxc4\ '" t 7.00 ° TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, Eric E. Doering, serving as Mayor of the Town of Frederick, on behalf of the Town of Frederick, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. j• The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed are P, Public District. 3 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that t oye in o ation is complete and true. Mayor Eric E. Doering, do behalf of the To f Frederick Date Owner STATE OF COLORADO) )ss. COUNTY OF' '& ) The foregoing instrument was acknowledged before me this \\.n day of ` ��\\ , 20 `,t'\ by `c -S. ` c My commission expires: Witness My Hand and Official Seal. Landowner/Petitioner Mailing Address: Mayor Eric E. Doering Town of Frederick 401 Locust Street P.O. Box 435 Frederick, CO 80530 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print Landowner/Petitioner: Mailing Address: 40I i-0� , k 4� 10"h„ � � v.�,� CO Rose Date: N\ sr c n \ i 200'1 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF ) V�Y cL \� � , being first duly sworn upon oath, deposes and sys that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pa es including this page and that each signature hereon was witnessed b o affian nd is the signature of the person whose name is purports to be. Circulator STATE OF COLORADO) )ss. COUNTY OF\C� ) k4� The foregoing instrument was acknowled ed,before me this \\- day of �� , 20 �� by c \V%.\,\0 My commission expires: �\\\ Witness My Hand and Official Seal. 6 EXHIBIT A Town of Frederick Annexation and Rezone #7 Legal Description: A parcel of land located in the Northeast Quarter (NE1/4) of Section Twenty-four (24), Township Two North (T.2N.), Range Sixty -Eight West (R.68W.), of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the Center Quarter corner of said Section 24 and assuming the West hne of the NE 1/4 of said Section 24 as hearing North 00°17'35" West, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2649.54 feet with all bearings contained herein relative thereto. THENCE North 00°17'35" West along the West line of the NE1/4 of said Section 24, and also the East line of Kellogg Annexation Plat recorded October 25,1995 as Reception No. 2461024 of the Records of Weld County a distancc of 412.13 feet to the Southwest Corner of Moore Farms Annexation recorded November 17, 2000 as Reception No. 2807872 of the Records of Weld County; The following Two (2) courses and distances are along the Southerly line of said Moore Farms Annexation. THENCE South 66°59'48" East a distance of 419.60 feet; THENCE North 39°30'16" East a distance of 72.41 feet to the Northwest corner of the Milavec Annexation recorded March 16, 1989 as Reception No. 2173617 of the Records of Weld County; THENCE South 00°17'36" East along the Westerly line of said Milavec Annexation a distance of 302.38 feet to the South line of the NE1/4 of Section 24; THENCE South 89°46'53" West along the South line of the NE1/4 of Section 24, and also the North line of the Milavec Annexation a distance of 431.74 feet to the POINT OF BEGINNING. Said described parcel of land contains a total of 139,675 sq. ft or 3.206 acres, more or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel of land. 7 TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 633-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a Property Currently Surrounded By the Town of Frederick Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town of Frederick to annex 3.206 acres of land that is currently owned by the Town of Frederick. The property is slocated within the northeast quarter of Section 24, Township 2, Range 68 West, of the 6th P.M, Weld County Colorado. Presently the property is used and maintained as open space and is located within Weld County jurisdiction. The area proposed to be annexed is currently used and maintained as open space. There is no development proposed for the area to be annexed. The area will be zoned P, Public. The land will continue to be maintained by the Town of Frederick. The entire property is adjacent to existing Town boundaries,therefore, it satisfies the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information Thank your consideration in this matter. • Sincerel Eric. E. Doering, Mayor Cc: file TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a piece of property adjacent to the Frederick Recreation Area. Because the property is currently owned by the Town of Frederick and will remain public open space, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report 6. Property tax statement 7. Assessment report 8. Phase 1 environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years and older Items found m Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Site analysis map 2. Land dedication for public sites 3. Annexation agreement Thank you for your consideration in this manner Regards, Eric E. Doering Mayor cc: Annexation #7 File G 8 8 IZ8S989 (0L6) :x3 I I I0S-989 (0L6) :auogd 05508 opuo1o3 `JospuM I annu uapacrJ 059 `SHOARAHfl ONI}j 'Si,... P W W O IL, O k\14 h co rO dli �o gc, EL't: t„ i-i < N N OM v� ww it) �_ Ow 0 I� � rx Hg rr t1.11 x 0 z x O W w O O P O O a .Ni -OsS A£ ifl A 5 a of u. Board of Truer of S A F F9 E5 I 3 .II continuo to bit used o. eo/e i/c eo/n/s 00/0VI1 ava woo fi<0Nan OSVal SNOSN3tl O£5OS '00 'NOIt1303N1 133illS 150001 lot 90, X09 '0'd M01830383 30 NM01 L 'ON 3NOZ3N ONV NOLLVX3NNV )IOI8303J3 3O NM01 5 fi; s S • ,fi£Z0C 3.9C,L LOOS 0 0 dQ S jO�jpqp G2 ,C l'LLt M.SC,L LOON 0SLLL4JN (SMIDan A 0tv0) 2 t44) pq ae a" Fara is t-4 ecorauctwurxeraleactlaw Town of Frederick Annexation and Rezone #8 Pt II I ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: 02/18/2009 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, William F. Garcia , serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 1 parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. J• 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed are C -N, Commercial District, Neighborhood. 3 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. Owner - William F. Garcia Chair, Board of County Commissioners, on behalf of Weld County 02/18/2009 Date STATE OF COLORADO) )ss. COUNTY OF The foregoing instrument was acknowledged before me this 18th day of February , 2009 by William F. Garcia My commission expires: 5111 Haan Witness My Hand and Official Se nsp r s.mFrt r Tv19.?009 Landowner/Petitioner Mailing Address: Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print William F. Garcia, Chair Landowner/Petitioner: Mailing Address: Weld County Board of Commissioners 915 10th Street, Greeley, Colorado 80631 Date: 02/18/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF ) William F. Garcia, Chair Weld County Board of Commissioners , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pages including this page and that each signature hereon was witnessed by your affiant an 's the signature of the person whose name is purports to be. Circulator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this isch day of February , 20 09 by William F Garcia My commission expires: 5I H I X,Oci Witness My Hand and Official Se - ' : . u NOTA PusuJ 6 Publi EXHIBIT A Town of Frederick Annexation and Rezone #8 Legal Description: A parcel of land located in the Southwest Quarter (SW1/4) of Section Thirty (30), Township Two North, Range Sixty -Seven (R.67W.), of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: COMMENCING at the Southwest Corner of said Section 30 and assuming the West line of the SW 1/4 of said Section 30 as bearing North 00°11'05" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2666.81 feet with all bearings contained herein relative thereto. THENCE North 00°11'05" East along the West line of the SW1/4 of said Section 30 a distance of 30.00 feet to the Northwest corner of the WCR 16 Annexation, recorded December 10, 1982 as Reception No. 1911088 of the Records of Weld County, and to the POINT OF BEGINNING; THENCE North 00°11'05" East continuing along the West line of the SW 1/4 of Section 30, said line being coincidental with the East line of the Shrck Annexation, recorded August 29, 2008 as Reception No. 3575512 of the Records of Weld County, a distance of 970.00 feet to the Southerly line of the Milavec Annexation, recorded March 16, 1989 as Reception No. 2173617 of the Records of Weld County; THENCE North 89°48'55" East along the Southerly line of said Milavec Annexation a distance of 16.97 feet to a corner of the Millavec Annexation; - THENCE South 00°02'03" West along the West line of the Milavec Annexation a distance of 969.94 feet to the Northerly line of the WCR 16 Annexation; THENCE South 89°59'26" West along a line parallel with and 30.00 feet Northerly of, as measured at a right angle to the South line of the SW 1/4 of Section 30, said line being coincidental with the North line of said WCR 16 Annexation, a distance of 19.52 feet to the POINT OF BEGINNING. Said described parcel of land contains a total of 17,697 sq. ft or 0.406 acres, more or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel of land. 7 TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a portion of Colorado Boulevard/WCR 13 Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town of Frederick to annex 0.406 acres of right-of- way to the Town of Frederick. The rit-of-way is located along the western edge of Section 30, Township 2, Range 67 West,of the 6m P.M, Weld County Colorado. Presently the property is used for right-of-way and is located within Weld County jurisdiction. There is no development proposed for the area to be annexed as it will continue to be used as right-of-way. The area will be zoned C -N as the Town extends adjacent zoning districts to the center of the right -of way. The right-of-way will be maintained by the Town of Frederick. The entire property is adjacent to existing Town boundaries, therefore, it satisfies the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a` favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information needs. Thank you for your consideration in this matter. Eric. E. Doering, Mayor Cc: file TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a portion of right-of-way located along Colorado Boulevard/CR 13, just north of Tipple Parkway/CR 16. Because the property is currently owned by Weld County and will be preserved as right-of-way to be used for public roadways, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report 6. Property tax statement 7. Assessment report 8. Phase I environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years and older Items found in Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Letters of support and statement of intent to include or exclude property into or from all applicable special districts 2. Site analysis map 3. Land dedication for public sites Thank you for your consideration in this manner Regards Eric E. Doering Mayor cc: Annexation #8 File Q 8 M S aN 6 1Z8S-989 (0L6) :xEj I I10S-989 (0L6) :aaogd 05508 opuojoj 'aospar4 I aenQ aapnf 099 DNI `SxOA [MIfl ONI}I CO LI) W W H w O 0Qi1 2 �j x O W �x Ote O za CV o !Eli U q cnocn „4, C)9 O Cr) o Lti o O U WO Ch k oz Vt•I Lc o h a rill NN x N O O x t a kNi FI zz� U a S aR o I s -ao a. r 5a a a ba 60/6Vs eo/nVC 60 —IC Po/oia MVO oxo six VIVO 535 005'35 Otl LW. 55'05' W 3mx urox ¢EN36 S.0011,13D 535 00536 SN0SIMa OES09 '00 ')101830384 133211S 1S000l L04 S£P X0B '0'd )10183038) JO NM01 B ON 3NOZ38 ONY NOLLVX3NNY N012B03NA 30 NM0J r ft ki §"'S ni ni go hi as ige as; !ae SEe .55 sh I ''',00'0L6 3,SO,l LOON''''-''' ,IB 99BG 3.so. LOON (00MMA 40 AOLIVALAW6B r.rrw x Grvorwaviaraz _a/ �g /�. oa v 39 ii i� v 14 v Z«««C«K«< i i 2 w Pp a 42, EN O 8g n �30 ,C-.r.Mm00...5PYMx.m0MP.MM Town of Frederick Annexation and Rezone #9 PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: 02/18/2009 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, William F. Garcia , serving as Chair of the Weld County Board of County Commissioners, on behalf of Weld County, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. e. No land within the boundary of the territory proposed to be annexed which is 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 1 parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. J• The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, water -fronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 1 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation 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, said map prepared and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Frederick and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classifications requested for the area proposed to be annexed are BLI, Business Light Industrial District. 3 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. 02/18/2009 O*het - William F. Garcia Date Chair, Board of County Commissioners, on behalf of Weld County STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this 18th day of February , 20 09 by William F. Garcia My commission expires: DIii /a0Ocj Witness My Hand and Official Se ubli °Fco�o•'. I5v C i i ,m Erp ^714 2009 Landowner/Petitioner Mailing Address: Chair of the Weld County Board of Commissioners 915 Tenth Street P.O. Box 758 Greeley, CO 80632 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print William F. Garcia, Chair Landowner/Petitioner: Weld County Board of Commissioners Mailing Address: 915 10th Street, Greeley, Colorado 80631 Date: 02/18/2009 Legal Description of Land Owned: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. EXHIBIT A Town of Frederick Annexation and Rezone #9 Legal Description: A parcel of land located in the Northwest Quarter (NW 1/4) of Section Twenty -Five (25), Township Two (2) North, Range Sixty -Eight (R.68W.), of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the Center Quarter Corner of said Section 25 and assuming the East line of the NW 1/4 of said Section 25 as bearing North 00°00'30" East, being a grid bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2638.95 feet with all bearings contained herein relative thereto. THENCE North 89°42'23" West along the South line of the NW 1/4 of said Section 25 a distance of 40.00 feet; THENCE North 00°00'30" East along a line parallel with and 40.00 feet Westerly of, as measured at a right angle to the East line of the NW 1/4 of said Section 25, a distance of 1319.27 feet; THENCE South 89°59'30" East a distance of 40.00 feet to the Center -North 1/16TH corner of Section 25; THENCE South 00°00'30" West along the East line of the NW 1/4 of Section 25, said line being coincidental with the West line of the Earl Sowers Annexation, recorded March 3, 1989 as Reception No. 2173618 of the Records of Weld County, a distance of 1319.47 feet to the POINT OF BEGINNING. Said described parcel of land contains a total of 52,775 sq. li or 1.212 acres, more or less and is subject to any existing easements and rights of way of record or as now existing on said described parcel of land. 7 • AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF ) William F. Garcia, Chair Weld County Board of Commissioners , being first duly sworn upon oath, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name is purports to be. r yr Circulator STATE OF COLORADO) )ss. COUNTY OF The foregoing instrument was acknowledged before me this 18th day Of February , 20 09 by William F. Garcia My commission expires: 5111100N Witness My Hand and Official 6 FI( i 9.2009 Publ TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Mayor and Board of Trustees Town of Frederick P.O. Box 435 Fredrick, CO 80530 RE: Letter of Intent to Annex a portion of William Bailey Avenue Dear Mayor and Board of Trustees; Please accept this "Letter of Intent" from the Town of Frederick to, annex 1.212 acres of right-of- way to the Town of Frederick: ;The right-of-way is located along the half -section line of Section 25, Township 2, Range 68 West, of the 6th P.M, Weld County Colorado. Presently the property is dedicatedas right-of-way and is located within Weld County jurisdiction. There is no development proposed for the area to be annexed. When development happens in the proximity of the right-of-way, it will be developed and used as right-of-way. The area will be zoned BLI as the Town extends adjacent zoning districts to the center of the right -of way. The right-of-way will be maintained by the Town of Frederick. Approximately one-half 0/2) of the property is adjacent to existing Town boundaries, therefore, it satisfies the 1/6 contiguity with the Town boundaries required by statute. We are anticipating a favorable action by the Board of Trustees on this annexation request. Please feel free to contact us with any questions or additional information needs. Thank you for your consideration in this matter. Sincere i Eric. E. Doering, Mayor Cc: file TOWN OF FREDERICK 401 LOCUST STREET • P.O. BOX 435 • FREDERICK, CO 80530-0435 PHONE: (303) 833-2388 • FAX: (303) 833-3817 WEBSITE: WWW.FREDERICKCO.GOV April 6, 2009 Town of Frederick Planning Department 401 Locust St., P.O. Box 435 Frederick, CO 80530 Dear Ms. Simmons, The Town of Frederick is petitioning to annex a portion of right-of-way located along the unbuilt William Bailey Avenue, just north of Majestic Street. Because the property is currently owned by Weld County and will be preserved as right-of-way to be used for public roadways, certain submittal requirements do not apply to the review of the project. Therefore, the following submittal requirements are requested to be waived. Items found in Appendix A of the Frederick Land Use Code 1. Application fees and deposit 2. Agreement for payment form 3. Title commitment 4. Concept plan map 5. Impact report 6. Property tax statement 7. Assessment report 8. Phase 1 environmental assessment 9. Statement of mineral rights disposition 10. Statement of historical use of water rights 11. Historical survey of structures 50 years and older Items found in Section 13.3 of the Frederick Land Use Code, not already addressed above 1. Letters of support and statement of intent to include or exclude property into or from all applicable special districts 2. Site analysis map 3. Land dedication for public sites Thank you for your consideration in this manner Regards Eric E. Doering Mayor cc: Annexation #9 File 8 S a IZ8S-989 (0L6) cxe3 I I I0S-989 (0L6) :auoyd 05508 opraoioj 'sospui/A ( anua Tape° 0S9 DNj `S2IOA1It12If1s ONI}I 0000 o/rI/c go/oVii alma SLM3111O0 LL3d 05231 ea soon.= tee cnsxm SNOSN3e OfS09 '00 'NOI83038J 133815 1S000l Loh SEh X09 '0'd )10IN303eLd 40 NMO1 6 ON 3NOZ38 ONm NOLLVX3NNm N0I83038J 8O NMOI r8 m 3i rot -ag i6! 4 —I ?Ia °j pis °?i S II ,LZ'6 L£L 3.06,OO.OON LINE TABLE 2 5-1 Lv Hello