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Home My WebLink About20081025.tiff sol COLORADO ' NOTICE OF PUBLIC HEARING ANNEXATION REQUEST NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the City of Evans will hold a Public Hearing on the 6th day of May,2008, at 7:30 p.m.,to be held at the City Hall Council Chambers, 1100 37th Street, Evans, Colorado, at which time and place it will consider and act upon a petition for annexation to the City of Evans for the property located south of 42nd Street and east of Brantner Road and referred to as the Carroll Annexation and described as: A tract of land located in the Southeast One-Quarter(SE '/4) of Section Thirty(30), Township Five (5)North,Range Sixty-Five(65)West of the 6th Principal Meridian, Weld County,Colorado,being more particularly described as: Considering the east line of the Southeast One-Quarter (SE '/4) of said Section Thirty (30) to bear South 00°44'00" West, between monuments as shown and all bearings contained herein relative thereto: Commencing at the East One-Quarter(E /)Corner of said Section Thirty(30) and thence along the cast line of said Southeast One-Quarter(SE 1/4) of said Section Thirty(30), South 00°44'00" West, 591.06 feet; thence leaving the east line of the Southeast One-Quarter(SE 1/4) of said Section Thirty (30), North 89°16'00" West, 123.00 feet to the Point of Beginning; thence North 00°44'00" East, 60.00 feet; thence North 89°16'00" West, 69.67 feet to the easterly right-of-way of Brantner Road; thence along the easterly right-of-way of Brantner Road, South 42°41'00"West, 51.12 feet; thence leaving the easterly right-of-way ofBrantner Road, South 77°19'02"East, 106.15 feet to the Point of Beginning. The above-described tract contains 4,440 square feet, more or less, and is subject to the rights-of- way and/or easements of record or as may now exist. All persons being interested in this matter may be present and heard. For more information please contact the Planning Department at (970) 475-1118. Kim Betz City Clerk City of Evans rewetc.) SCE _ O 0O : L- �� 1100 37th treet • Evans, Colorado 80620-2036 • (970) 339-5 4 • Fax: (970) 330-3472 c_2OCDg" /Oc -S y b th s' _ eie it i 63 -.Base 1H I I b fill! 11 x1 ,`6121!! k it `EEei i1a 1s W A# a1 15;661, EE '3:aiF ii. EQsa3 is R.i:•;�f i �'z4t VA 7.,"a li " $ I I 6 3₹1P xl 1� Epx : 1 s1 W.. s �s$ a s; h s' Sgb-='; i 6" I6:aP b4E i .� 8 422`2.t§4N-4o qII .. y1�1i a{ E •, ss1�°66 E4 1 i s �E .; EE p y A. b1 sirf is i II 1ilrs i1 I!: � €. ! ;16 �Iil ad: i1 €..i;E1E 6E IT.: :_6 6; y g tiI tE• ' x O 1, >N61 g4 ,541 1g g6 1' F(i 1.En, i.[ 31 4Yi E ! 151! :E— $�. E g i�05`lE !II e• A E EB.ff 1; .`id ea1H�'6 4l 2 I2I II ! 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S NIUS ₹$ 1 x I II S x g: g i 8 8 x 8g �R x 2 5 15 Z+ a32, X : - g $ �HE i x d z i E7 i' ?�; qq \ G N \ y€ 13 \ a \ a„ n \ i \ ' x N e $ \\°rx RR xm Ra Z o a`8j'eCw., e R I R F yy „,,4,40 \ 6 N `\ . \Z T \ \ =R '^ 5 J.- .O \ + AR "x vex acm RR O N U Z Q 0 R EN N J QQ w V CL H: NOuvx3NNY 110aav0 av,0NV mm-Tnoativ3 ON B' CITY OF EVANS, COLORADO RESOLUTION NO. 18-2008 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR CARROLL ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map,was hereto filed with the City Clerk requesting the annexation of certain property to be known as Carroll Annexation, County of Weld, State of Colorado,more particularly described on the attached Exhibit A, and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: Section 1. That the City Council hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107, and desires to initiate annexation proceedings in accordance with the law. Section 2. The City Council shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS. The hearing shall be held on the 6th day of May, 2008, in the City Council Chambers of the City of Evans, 1100 37th Street, Evans, Colorado, at 7:30 p.m. Section 3. The City Clerk shall publish notice of such hearing once per week for four successive weeks in the Greeley Tribune, with the first publication at least 30 days prior to the date of the hearing. The City Clerk shall also send a copy of the resolution and the petition for annexation to the Clerk of the Board of County Commissioners,the County Attorney,and to any Special District or School District within the area proposed to be annexed. Section 4. This resolution shall be in full force and effect upon its passage and adoption. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Evans on this 1st day of April, 2008. ATTEST: CITY OF EVANS, COLORADO By: City Clerk Mayor EXHIBIT A A tract of land located in the Southeast One-Quarter(SE `/4)of Section Thirty(30), Township Five (5)North,Range Sixty-Five(65)West of the 6th Principal Meridian, Weld County,Colorado,being more particularly described as: Considering the east line of the Southeast One-Quarter (SE '/4) of said Section Thirty (30) to bear South 00°44'00" West, between monuments as shown and all bearings contained herein relative thereto: Commencing at the East One-Quarter(E 14)Corner of said Section Thirty(30)and thence along the east line of said Southeast One-Quarter(SE %4) of said Section Thirty(30), South 00°44'00"West, 591.06 feet;thence leaving the east line of the Southeast One-Quarter(SE '/4)of said Section Thirty (30), North 89°16'00" West, 123.00 feet to the Point of Beginning; thence North 00°44'00" East, 60.00 feet; thence North 89°16'00" West, 69.67 feet to the easterly right-of-way of Brantner Road; thence along the easterly right-of-way of Brantner Road, South 42°41'00"West, 51.12 feet;thence leaving the easterly right-of-way ofBrantner Road, South 77"19'02"East, 106.15 feet to the Point of Beginning. 2 Exhibit A—Reso.18-2008 i' 1 i•4 iiiii.Y - , i Qr4�dic.ts7 �: = _ _ t' I 1 I -.-....0. : .=_ 42nd Ea _ .,, r / il ! 1. i. r_LTt ' t i •— b r T ' i. 1 • rye • T 1 v _ 1 y 1 - �.• Carroll �: {r 85 �� ; Annexation �` :� 4 la `- I • I i. 10 . r f'le! _.,___ 7 _ . —..._.-irt , Y 4 'A - s iiiiDi1 I ^Is C.; Ilairilir -"r-..‘kr‘lr.MrAtilar 1 li.1 le ••f . • ♦ it , s + •! .-lie _Sr "mil t `. etat. 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' • 4. . -, 4 -% r sus _ . s Legend Vicinity Map l'i3 - - - Intent to Annex : 1- Evans City Limits GI,cr LCarroll COLORADO Project Site • Annexation Public Works Department _ - ca, CITY OF EVANS 1100 37TH STREET EVANS, COLORADO 80620 COLORADO (970) 475-1118 PETITION FOR ANNEXATION The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended,hereby petition for City Council of the City of Evans, Colorado,for annexation to the City of Evans the unincorporated territory more particularly described below, to be known as CA'Zit)C.L 4AJrJE)CATY q ,LI and in support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory be annexed to the City of Evans; SEE �Tr4cH . 2) Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Evans, Colorado; 3) A community of interest exists between the territory proposed to be annexed and the City of Evans, Colorado; 4) The territory proposed to be annexed is urban or will be urbanized in the near future; 5) The territory proposed to be annexed is integrated or is capable of being integrated with the City of Evans, Colorado; 6) The signatures of the Petition comprise one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election; 7) No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: a) Is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a separate dedicated street, road or other public way; b) Comprising twenty(20) acres or more and which, together with the buildings and improvements situated thereon has an assesses value in excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax • Page 2 Petition for Annexation purposes for the year proceeding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 8) No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place; 9) The area proposed to be annexed comprises (Check One): More than ten acres and the Board of County Commissioners of Weld County has agreed to waive the requirement of an impact report as provided for in section 31-12- 108.5, C.R.S., as amended. More than ten acres and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is required. Ten acres or fewer and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is not required. 10) The area proposed to be annexed is located within Weld County, and the following special districts: Water Districts (CS/ (C/li AJCAI Sanitation District — Fire District Lps,t ec-E School District (o Recreation District — Library District Wert 0 Ambulance District -- Jr. College District I//M.S Other 11) The mailing address of each signer, the legal description of the land owned by each signed and the date of signing of each signature are all shown on this Petition; 12) Accompany this Petition are four(4) prints of the 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; c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is to be platted, then the boundaries and the plat number of plots or of lots and blocks are shown; Page 3 Petition for Annexation d)Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the City of Evans, and the contiguous boundary of any other municipality abutting the area propos'esd't9be annexed; e) The dimensions of the contiguous boundaries are sltown,ontlle map, 13) The territory to be annexed is not presently a part of arty incorporated city, city and county, or town; 14) The undersigned agree to the followtngwiu€lf shall be coveRiannts running with the land, and which shall, at the option of the City, appear on the annexation map; 15) Petitioner represents that: a) Water rights shall be provided pursuant to City Ordinance; 4" b) The owners-shall participate in providing drainage plans,and improvement and payment of a unit drainage fee1a,maibe re, tired by the CiW'Y'oi the area; c)The undersigned hereby waives any and all "vested rights" previously created pursuant to Section 24-68-103, CRS, as amended; d) The undersigned and the City may enter into a Pre-Annexation Agreement prior to the effective date of this annexation, which agreement shall be additional requirements as effectively as if set forth in this Petition; e) The undersigned consents to inclusion of the property into the Municipal Subdistrict, Northern Colorado Water Conservancy District, when the annexations become effective; and Check One: ✓ No part of the property to be annexed is included within any site specific development plan approved by Weld County, Colorado. A site specific development plan has been approved by Weld County, Colorado, which has created a vested right. 16) The petitioner understands he will be responsible for costs incurred by the City of Evans such as, but not limited to, advertising and recording fees, attorney fees, and other professional costs incurred by the city. Page 4 Petition for Annexation PETITION FOR ANNEXATION Executed this I ( day of /294Mtif , 20 seg. perty O ner Property Owner /235 ai ,uf L4≥) Oe) X5"3 7 Address Address e foregoi g instrument was acknowledged before me this 1/..k day of_ HAPo1/ ♦'\ , A.D. 20D r. cs V .A . Cr0\1h . A •.2 Witness my hand and official seal. My commissio expires `iloc/09 1 Notary Public1,144h �. O V 19T..•.... ..••Oki \\ OF OO— ♦ Property Owner Property Owner Address Address The foregoing instrument was acknowledged before me this day of , A.D. 20 Witness my hand and official seal. My commission expires Notary Public Office Use Only Received S.gned Form revised 3/2/07. Hello