HomeMy WebLinkAbout20081661.tiff LONG
Office of the City Clerk t—) 1-4
Civic Center Complex Phone: 303-651-8649
350 Kimbark Street FAX: 303-651-8590 ?# ;
Longmont, Colorado 80501 C
°LORN'-
May 29, 2008
Weld County Commissioners
PO Box 758
Greeley, CO 80632
Dear County Commissioners:
Attached is a notice of public hearing regarding the Nelson Road Annexation which will
be before the Longmont City Council on June 24, 2008 at 7:00 p.m.
If you have any questions or concerns regarding this annexation, please contact the
City of Longmont Planning Department at 303-651-8330.
Sincerely,
Valeria Skitt
Director of Administration/City Clerk
Enclosed are copies of the:
-Notices of Public Hearing
-Resolutions R-2008-41
-Petitions to Annex Territory to the City of Longmont
-City of Longmont, Colorado Annexation Impact Report
0 (e, - o;-O a'
CO . fL ,o�
2008-1661
NOTICE OF PUBLIC HEARING
CITY OF LONGMONT--CITY COUNCIL
JUNE 24, 2008--7:00 P.M.
CITY COUNCIL CHAMBERS
NELSON ROAD ANNEXATION
RESOLUTION R-2008-41
A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO,
FINDING THAT THE PETITION FOR ANNEXATION OF A PARCEL OF LAND
LOCATED IN BOULDER COUNTY, STATE OF COLORADO KNOWN AS THE NELSON
ROAD ANNEXATION (GENERALLY LOCATED EAST OF AIRPORT ROAD AND WEST
OF FORDHAM STREET) SUBSTANTIALLY COMPLIES WITH THE COLORADO
REVISED STATUTES SECTION 31-12-107(1)
WHEREAS a petition for annexation of a certain parcel of land as described in the
attached Exhibit A, has been filed with the Longmont City Clerk; and
WHEREAS the petition has been referred to the Longmont City Council for a
determination of substantial compliance with the requirements of C.R.S. 31-12-107(1); and
WHEREAS the City Council has been advised by staff, and has taken official notice of
all maps, records and other information and other materials on file with the City of Longmont,
Colorado, regarding said petition.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT,
COLORADO, RESOLVES:
Section 1
The Longmont City Council hereby finds the annexation petition substantially complies
with C.R.S. 31-12-107(1).
Section 2
The City Council shall hold a public hearing on the proposed annexation on June 24,
2008 at 7:00 p.m. in the City Council Chambers, Civic Center Complex, Longmont, Colorado, to
determine if the proposed annexation complies with the C.R.S. 31-12-104 and 105, or such parts
thereof as may be required to establish eligibility for annexations.
Section 3
The City Clerk shall publish a notice of hearing once a week for four successive weeks
before the hearing in a newspaper of general circulation in the area proposed for annexation.
Section 4
The resolution shall be effective upon adoption.
Section 5
The Council repeals all resolutions or parts of resolutions in conflict with this resolution,
but only to the extent of such inconsistency.
Passed and adopted this 13th day of May, 2008.
/s/Roger Lange
MAYOR
ATTEST:
/s/Valeria L. Skitt
CITY CLERK
APPROVED AS TO FORM:
/s/James W. Rourke 05/08/08
DEPUTY CITY ATTORNEY DATE
/s/Janet J. Sorenson 05/08/08
PROOFREAD DATE
APPROVED AS TO FORM AND SUBSTANCE:
Phil DelVecchio 05/08/08
ORIGINATING DEPARTMENT DATE
EXHIBIT A
Nelson Road Annexation
Legal Description
A tract of land located in the W1/2 of Section 8, T2N, R69W of the 6th P.M., County of Boulder,
State of Colorado, described as follows:
COMMENCING at the C1/4 Corner of said Section 8, from which the Wl/4 Corner of said
Section 8 bears N89°29'46"W, 2650.32 feet (Basis of Bearing), thence N89°29'46"W, 937.02
feet along the North Line of the SW1/4 of said Section 8 to the intersection of the Southwest
Corner of the A. J. Martinez Business Park Annexation (as shown on the Map recorded
November 1, 2004 in Plan File P-61 F-4 #24 of the Boulder County records) with the North Line
of the Willow Creek Crossing Annexation (as shown on the Map recorded September 10, 1993
in Plan File P-30 F-1 #40 of the Boulder County records) and the POINT OF BEGINNING;
Thence continuing N89°29'46"W, 356.55 feet along said North Line of the SW1/4 of Section 8
being also along said North Line of the Willow Creek Crossing Annexation and contiguous with
the Corporate Boundary of the City of Longmont to the Northwest Corner of said Willow Creek
Crossing Annexation;
Thence S00°09'52"E, 60.00 feet along the West Line of said Willow Creek Crossing Annexation
being also the East Right-of-Way Line of North 89th Street according to said Willow Creek
Crossing Annexation and contiguous with the Corporate Boundary of the City of Longmont to a
line which is 60.00 feet southerly of and parallel with said North Line of the SW 1/4 of Section 8
and being also the Southerly Right-of-Way Line of Nelson Road;
Thence Westerly along said Southerly Right-of-Way Line the following three (3) courses:
1) N89°29'46"W, 60.80 feet along said parallel line to a non-tangent point of curvature
according to the Plat of Schlagel Subdivision (as shown on the Plat recorded May 25,
1964 in Plan File Rat Page 1-1-40 of the Boulder County records);
2) 18.46 feet along the arc of said curve, concave to the Southwest, said arc having a
radius of 15.00 feet, a central angle of 70°31'44", and being subtended by a chord
that bears N54°13'55"W, 17.32 feet to a point of tangency on a line which is 50.00
feet southerly of and parallel with said North Line of the SW1/4 of Section 8
according to said Plat of Schlagel Subdivision;
3) N89°29'46"W, 715.17 feet along said parallel line to the East Line of Park Meadows
Annexation (as shown on the Map recorded August 19, 2003 in Plan File P-59 F-1
#38 of the Boulder County records);
Thence N00°09'54"W, 80.01 feet along said East Line and contiguous with the Corporate
Boundary of the City of Longmont to the Northeast Corner of said Park Meadows Annexation
being also a point on a line which is 30.00 feet northerly of and parallel with the South Line of
the NW 1/4/4 of said Section 8;
Thence S89°29'46"E, 1146.76 feet along said parallel line to the West Line of said A. J. Martinez
Business Park Annexation;
Thence S00°14'14"W, 30.00 feet along said West Line and contiguous with the Corporate
Boundary of the City of Longmont to the POINT OF BEGINNING.
Area=74,545 square feet(1.7113 acres), more or less.
CA File: 7551
1 RESOLUTION R-2008-41
2 A RESOLUTION OF THE COUNCIL OF THE CITY OF LONGMONT, COLORADO,
3 FINDING THAT THE PETITION FOR ANNEXATION OF A PARCEL OF LAND
4 LOCATED IN BOULDER COUNTY, STATE OF COLORADO KNOWN AS THE NELSON
5 ROAD ANNEXATION (GENERALLY LOCATED EAST OF AIRPORT ROAD AND WEST
6 OF FORDHAM STREET) SUBSTANTIALLY COMPLIES WITH THE COLORADO
7 REVISED STATUTES SECTION 31-12-107O)
8
9 WHEREAS a petition for annexation of a certain parcel of land as described in the
10 attached Exhibit A, has been filed with the Longmont City Clerk; and
11 WHEREAS the petition has been referred to the Longmont City Council for a
12 determination of substantial compliance with the requirements of C.R.S. 31-12-107O); and
13 WHEREAS the City Council has been advised by staff, and has taken official notice of
14 all maps, records and other information and other materials on file with the City of Longmont,
15 Colorado, regarding said petition.
16 NOW, THEREFORE, THE COUNCIL OF THE CITY OF LONGMONT, COLORADO,
17 RESOLVES:
18 Section 1
19 The Longmont City Council hereby finds the annexation petition substantially complies
20 with C.R.S. 31-12-107O).
21 Section 2
22 The City Council shall hold a public hearing on the proposed annexation on June 24,
23 2008 at 7:00 p.m. in the City Council Chambers, Civic Center Complex, Longmont, Colorado, to
C\Documenis and Sellings'rourkejw\My Documents\WPDOCS\Planning\aMenaiions\nelson rd arme.Is'res.doc 05/08/08 4:33 PM
1 determine if the proposed annexation complies with the C.R.S. 31-12-104 and 105, or such parts
2 thereof as may be required to establish eligibility for annexations.
3 Section 3
4 The City Clerk shall publish a notice of hearing once a week for four successive weeks
5 before the hearing in a newspaper of general circulation in the area proposed for annexation.
6 Section 4
7 The resolution shall be effective upon adoption.
8 Section 5
9 The Council repeals all resolutions or parts of resolutions in conflict with this resolution,
10 but only to the extent of such inconsistency.
11
12 Passed and adopted this 13th day of May , 2008.
13
14 / �15 `. ��oer...„.e
16 MAYOR
17
18 ATTEST: g LO
18
20
V O
21 yI
22 CITY CLERK
23
24 APPROVED AS TO FORM: cor,QR A'p�
25
26 //
27 ( J �_ S/r u r
28 EP TY CITY ATTORNEY DATE
29
30
31 ylY�_ g'C 0
32 PRO READ DATE
33
34 API�R�O'd D AS TO FO AND SUBSTANCE:
35
36
37
38 OR GINATING DEPARTMENT DATE
2
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1 EXHIBIT A
2 Nelson Road Annexation
3 Legal Description
4
5 A tract of land located in the W1/2 of Section 8, T2N, R69W of the 6th P.M., County of Boulder,
6 State of Colorado, described as follows:
7
8 COMMENCING at the C1/4 Corner of said Section 8, from which the Wl/4 Corner of said
9 Section 8 bears N89°29'46"W, 2650.32 feet (Basis of Bearing), thence N89°29'46"W, 937.02
10 feet along the North Line of the SW1/4 of said Section 8 to the intersection of the Southwest
11 Corner of the A. J. Martinez Business Park Annexation (as shown on the Map recorded
12 November 1, 2004 in Plan File P-61 F-4 #24 of the Boulder County records) with the North Line
13 of the Willow Creek Crossing Annexation (as shown on the Map recorded September 10, 1993
14 in Plan File P-30 F-1 #40 of the Boulder County records) and the POINT OF BEGINNING;
15
16 Thence continuing N89°29'46"W, 356.55 feet along said North Line of the SW 1/4 of Section 8
17 being also along said North Line of the Willow Creek Crossing Annexation and contiguous with
18 the Corporate Boundary of the City of Longmont to the Northwest Corner of said Willow Creek
19 Crossing Annexation;
20
21 Thence S00°09'52"E, 60.00 feet along the West Line of said Willow Creek Crossing Annexation
22 being also the East Right-of-Way Line of North 89th Street according to said Willow Creek
23 Crossing Annexation and contiguous with the Corporate Boundary of the City of Longmont to a
24 line which is 60.00 feet southerly of and parallel with said North Line of the SWI/4 of Section 8
25 and being also the Southerly Right-of-Way Line of Nelson Road;
26
27 Thence Westerly along said Southerly Right-of-Way Line the following three (3) courses:
28
29 1) N89°29'46"W, 60.80 feet along said parallel line to a non-tangent point of curvature
30 according to the Plat of Schlagel Subdivision (as shown on the Plat recorded May 25,
31 1964 in Plan File R at Page 1-1-40 of the Boulder County records);
32
33 2) 18.46 feet along the arc of said curve, concave to the Southwest, said arc having a
34 radius of 15.00 feet, a central angle of 70°31'44", and being subtended by a chord
35 that bears N54°13'55"W, 17.32 feet to a point of tangency on a line which is 50.00
36 feet southerly of and parallel with said North Line of the SWl/4 of Section 8
37 according to said Plat of Schlagel Subdivision;
38
39 3) N89°29'46"W, 715.17 feet along said parallel line to the East Line of Park Meadows
40 Annexation (as shown on the Map recorded August 19, 2003 in Plan File P-59 F-1
41 #38 of the Boulder County records);
42
43 Thence N00°09'54"W, 80.01 feet along said East Line and contiguous with the Corporate
44 Boundary of the City of Longmont to the Northeast Corner of said Park Meadows Annexation
45 being also a point on a line which is 30.00 feet northerly of and parallel with the South Line of
46 the NW 1/4 of said Section 8;
3
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1
2 Thence S89°29'46"E, 1146.76 feet along said parallel line to the West Line of said A. J. Martinez
3 Business Park Annexation;
4
5 Thence S00°14'14"W, 30.00 feet along said West Line and contiguous with the Corporate
6 Boundary of the City of Longmont to the POINT OF BEGINNING.
7
8 Area = 74,545 square feet (1.7113 acres), more or less.
9
10
11 CA File:7551
4
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Attachment 2
PETITION TO ANNEX TERRITORY TO THE CITY OF LONGMONT
The undersigned owner(s) of real property, pursuant to Section 31-12-107, C.R.S.,
Municipal Annexation Act of 1965, petitions the Council of the City of Longmont, Colorado, for
annexation of certain territory, and state:
1. That the territory generally located at W%:of Sect. 8, T2N, R69W of the 6th PM, County of
Boulder, Co. (Nelson Road ROW) and containing 1.711 acres more or less, is more
particularly described in the attached legal description.
2. That the petitioning owner represents more than 50 percent of the area described above,
excluding public streets and alleys.
3. That Petitioners further allege that:
(a) It is desirable and necessary that such area be annexed to the City of Longmont.
(b) The requirements of Sections 31-12-104 and 31-12-105, C.R.S. exist or have
been met, including:
(I) Not less than one-sixth of the perimeter of the area proposed to be
annexed is contiguous with the City of Longmont, more specifically the
perimeter of the area is 2.467.76 feet, of which 526.56 feet are
contiguous to the existing municipal boundary of the City of Longmont.
(ii) A community of interest exists between the area proposed to be annexed
and the City of Longmont.
(iii) Said area is urban or will be urbanized in the near future, and is
Integrated or capable of being integrated with the City of Longmont.
(iv) No land, unless separated by a dedicated public way, held in identical
ownership is divided into separate parcels unless the owners of said tract
have consented in writing to said annexation.
(v) No land or contiguous parcels of land, except as may be situated entirely
within the outer boundaries of the City of Longmont, held in identical
ownership and comprising 20 acres or more and which, together with
improvements, has an assessed valuation in excess of $200,000.00 for
ad valorem tax purposes for the year next preceding the annexation, is
included In this petition without the written consent of the landowners.
(vi) No proceedings for annexation of the area have been commenced for
annexation to another municipality.
(vii) The annexation of the area would not have the effect of extending the
City boundary more than three miles in any one year.
(viii) No partial width of any public right-of-way is included in the area
proposed to be annexed.
Attachment 2
4. As an express condition of annexation, the owner consents to inclusion into the Northern
Colorado Water Conservancy District(District) and the Municipal Subdistrict (Subdistrict)
Northern Colorado Water Conservancy District pursuant to Section 37-45-136 (3.6),
C.R.S. The owner acknowledges that, upon inclusion into the District and Subdistrict, the
owner's property will be subject to the same mill levies and special assessments as are
levied or will be levied on other similarly situated property in the District and Subdistrict at
the time of Inclusion of owners land. The owner agrees to waive any right to an election
which may exist to require an election pursuant to Article X, Section 20 of the Colorado
Constitution before the District and Subdistrict can impose such mill levies and special
assessments as it has the authority to impose. The owner also agrees to waive, upon
inclusion, any right which may exist to a refund pursuant to Article X, Section 20 of the
Colorado Constitution.
5. The petitioners below comprise the owners of more than 50% of the territory proposed to
be annexed excluding public streets and alleys, and are in fact owners of 100% of the
territory proposed to be annexed, except as listed below.
Owner Property Legal Acres Percent of Total Area
Description Proposed for
(may be referenced Annexation
below and attached
Boulder County Exhibit "A" 1.7113 100%
Totals 1.7113 100%
The undersigned request the City of Longmont approve the annexation of the area
proposed to be annexed;the undersigned also request the zoning of for the
property.
Date* Owner Sitnature Owner Address
Boulder County
Will Toor Board of Commissioners
March 20, 2008 1325 Pearl St
ViC4-C�n��f Boulder, CO 80302
*Date of signing must be within 180 days of filing with the City. -toc-
Chair, Board of
County Commissioners
Attachment 2
NOTARIZATION OR AFFIDAVIT OF CIRCULATOR
The undersigned circulator of the herein Petition certifies e ch signature,Zrein is the
person whose name it purports to be.
C' ulator, ST OF CA OVZ1,1c;NO
STATE OF COLORADO )
A\PuBoo/43
COUNTY OF �U�f--4. N��Opcok 3
Subscribed and sworn to before I s�a day of G ;O SA
My oayPuilii: �• bI f
Notary Public: n�\Jdl'¢�
Address of Notary: PO 330X 411 A\lL 3,_42, ea c13a6
NOTE: THE PETITION MUST BE ACCOMPANIED BY AN ANNEXATION MAP CONTAINING
THE FOLLOWING INFORMATION:
1. A legal description of the boundary of the area proposed to be annexed.
2. The boundary of the area proposed to be annexed, graphically depicted.
3. The location of each ownership tract in unplatted land and, if part or all of the area is
platted, the boundaries of the subdivision plat including lot and block numbers.
4. Next to the boundary of the area proposed to be annexed, a graphic depiction of the
contiguous municipal boundary of the annexing municipality and the contiguous boundary
of any other municipality abutting the area proposed to be annexed.
•
5. A calculation of the total boundary perimeter of the area proposed to be annexed and the
boundary perimeter contiguous to the annexing municipality.
6. Existing and proposed zoning of the area proposed to be annexed.
1 EXHIBIT A
2 Nelson Road Annexation
3 Legal Description
4
5 A tract of land located in the W1/2 of Section 8, T2N, R69W of the 6th P.M., County of Boulder,
6 State of Colorado, described as follows:
7
8 COMMENCING at the C1/4 Corner of said Section 8, from which the W1/4 Corner of said
9 Section 8 bears N89°29'46"W, 2650.32 feet (Basis of Bearing), thence N89°29'46"W, 937.02
10 feet along the North Line of the SW1/4 of said Section 8 to the intersection of the Southwest
11 Corner of the A. J. Martinez Business Park Annexation (as shown on the Map recorded
12 November 1, 2004 in Plan File P-61 F-4 #24 of the Boulder County records) with the North Line
13 of the Willow Creek Crossing Annexation (as shown on the Map recorded September 10, 1993
14 in Plan File P-30 F-1 #40 of the Boulder County records) and the POINT OF BEGINNING;
15
16 Thence continuing N89°29'46"W, 356.55 feet along said North Line of the SW1/4 of Section 8
17 being also along said North Line of the Willow Creek Crossing Annexation and contiguous with
18 the Corporate Boundary of the City of Longmont to the Northwest Corner of said Willow Creek
19 Crossing Annexation;
20
21 Thence S00°09'52"E, 60.00 feet along the West Line of said Willow Creek Crossing Annexation
22 being also the East Right-of-Way Line of North 89`h Street according to said Willow Creek
23 Crossing Annexation and contiguous with the Corporate Boundary of the City of Longmont to a
24 line which is 60.00 feet southerly of and parallel with said North Line of the SW1/4 of Section 8
25 and being also the Southerly Right-of-Way Line of Nelson Road;
26
27 Thence Westerly along said Southerly Right-of-Way Line the following three (3) courses:
28
29 1) N89°29'46"W, 60.80 feet along said parallel line to a non-tangent point of curvature
30 according to the Plat of Schlagel Subdivision (as shown on the Plat recorded May 25,
31 1964 in Plan File Rat Page 1-1-40 of the Boulder County records);
32
33 2) 18.46 feet along the arc of said curve, concave to the Southwest, said arc having a
34 radius of 15.00 feet, a central angle of 70°31'44", and being subtended by a chord
35 that bears N54°13'55"W, 17.32 feet to a point of tangency on a line which is 50.00
36 feet southerly of and parallel with said North Line of the SW1/4 of Section 8
37 according to said Plat of Schlagel Subdivision;
38
39 3) N89°29'46"W, 715.17 feet along said parallel line to the East Line of Park Meadows
40 Annexation (as shown on the Map recorded August 19, 2003 in Plan File P-59 F-1
41 #38 of the Boulder County records);
42
43 Thence N00°09'54"W, 80.01 feet along said East Line and contiguous with the Corporate
44 Boundary of the City of Longmont to the Northeast Corner of said Park Meadows Annexation
45 being also a point on a line which is 30.00 feet northerly of and parallel with the South Line of
46 the NW 1/4 of said Section 8;
3
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1
2 Thence S89°29'46"E, 1146.76 feet along said parallel line to the West Line of said A. J. Martinez
3 Business Park Annexation;
4
5 Thence S00°14'14"W, 30.00 feet along said West Line and contiguous with the Corporate
6 Boundary of the City of Longmont to the POINT OF BEGINNING.
7
8 Area= 74,545 square feet (1.7113 acres),more or less.
9
10
11 CA File:7551
4
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Sy ty,
DEPARTMENT OF COMMUNITY DEVELOPMENT f
APPlyag
OF
PLANNING AND DEVELOPMENT SERVICES DIVISION Development Services Center/Longmont, CO 80501 °ZOR ADO
(303) 651-8330 / Fax # (303) 651-8696
E-mail: lonvnont.planning@ci.longmont.co.us
Web site: http://www.ci.longinont.co.us
MEMORANDUM
TO: Sara Rusher, City Clerk's Office
FROM: Brien Schumacher, Planning and Development Services"X/�''""
DATE: May 27, 2008
RE: Nelson Road Annexation.
Regarding the Nelson Road Annexation and the notice of public hearing for the 1st Resolution of
Statutory Compliance, an Annexation Impact Report is not required by Colorado Revised
Statutes for this annexation.
Please contact me if you have any questions at extension 8764.
File: #3458
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