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HomeMy WebLinkAbout20072911 V" . .4 ti �;. )` ",fk_ August 31, 2007 )4'...-Y.' .. Sent Via Registered Mail TOWN OF ERIE 1874 Weld County Commissioners 915 10th Street Greeley, CO 80631 RE: Annexation Petition Dear Weld County Commissioners: The Town of Erie has scheduled a public hearing to consider a petition for the "Public Service Company of Colorado Annexation" for September 25, 2007, at 7:00 p.m. or as soon as possible thereafter. The Public Hearing will be held in the Board Room of the Erie Town Hall, 645 Holbrook, Erie, CO 80516. Per C.R.S. 31-12-108 (2) "A copy of the published notice, together with a copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners and to the county attorney of the county wherein the territory is located and to any special district or school district having territory within the area to be annexed at least twenty-five days prior to the date fixed for such hearing." Please fmd enclosed the following documents: 1) Resolution No. 07-104: A Resolution Finding Substantial Compliance Of The Annexation Petition Regarding The Annexation And Zoning Of Certain Properties In Weld County, Colorado To The Town Of Erie, Said Annexation To Be known As The Public Service Company of Colorado Annexation; Setting A Public Hearing On Said Annexation And Zoning. 2) Petition submitted by the applicant; including legal descriptions and maps 3) Copy of published notice; to be run August 29, 2007; September 5, 2007; September 12, 2007;and September 19, 2007. 4) Copy of the Impact Report with attached maps Please refer questions or comments to the Erie Town Clerk's Office, 303-926-2731; fax: 303-926- 2798;P.O. Box 750, Erie, CO 80516 Very Truly Yours, N ncy J ker Very Town Clerk Town of Erie, Colorado Enclosures G3n'333 3 cc: Town Attorney; Town Administrator; file I 1 a d SE Snn LIE SxtHflU3 0 3M pU6/' C Pe vi e c,J 7//1-A7 Cc : c in / 5 O P& 645 Holbrook•P.O. Box 750•Erie,Colorado,80516•Phone(303)926-2700•Fax (303)926-27( 2007-2911 RESOLUTION NO. 07-104. A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF THE ANNEXATION PETITION REGARDING't"FEE.ANNEXATION OF CERTAIN PROPERTIES IN WELD COUNTY,COLORADO.TO THE TOWN OF ERIE,SAID ANNEXATION TO l3E KNOWN AS THE PUBLIC SERVICE COMPANY OF COLORADO ANNEXATION. `til4'E IT:RI'.AS, a petition for annexation of certain properties has been filed with the Board of Trustees of the town of t:::rie,Colorado t?y }'ubhc'Service Company of Colorado;and WHEREAS, the Board of I rustecs has reviewed the petition; and WHEREAS. the Board of Trustees wishes to permit simultaneous consideratiuu of subject property for annexation and xUr:ilig;land WHEREAS. the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition: NOW.T1 IEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE.COLORADO, as follows: I. The petition; whose legal descriptions are attacitrd hereto as F.xhibit A and. incorporated by reference herein, is in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. §31-12-107t2). 3. No additjdnal terms.and coilditions are to be imposed as may require an election under C.R.S. *31-12-112. 4, The Hoard of Trustees will hold a public hearing for the purpose ofdetennining if the proposed annexation complies with C.R.S. §3t-12-104,and with C.R.S. §31- I2-'05,and rill hold a public hearing to doenninc the appropriate zoning orthe subiecr property,at the Erie•I'own Hall,645 Holbrook Street.Erie,Colorado S0316.at the following time and date: 7:00 PM. September 25,2007 5. Any.person may appear at such hearing and present evidence relative.to the. proposed annexation or the proposed zoning. 6. Upon completion of the hearing,the Board of Trustees shall set forth,by. resolution. its Ehtditigs and conclusions with reference to the eli ibitity of the proposed annexation,and whether the statutory requirements for the proposed annexation hiive.becti WO. and further. will determine the a?prOpiate tolling of the subject prriperry. 7. The appropriate Town t 111'rcials itrebereby.uuthoriytd k 'iLn and hind the Tov,n tc) t1;is licsolation of Substantial Compliance. e. INI€tt)Dt;t;:F:l'). READ. siGNED AND AT'luW r. )this ►"'day at August. :'(}U7. il} _ ATTEST: ......,. POq `iii�� ( ( Eiu1 ti f i 01 lty1� °c0aP° Annexation Petition TO: BOARD OF TRUSTEES OF TOWN OF ERIE, COLORADO RE: Petition Known As:Annexation of Lot B, Recorded Exemption No. 1467-18-2 RE-4161 DATE: May 4, 2007 Public Service Company of Colorado, the undersigned landowner, in accordance with Colorado law, hereby petition the Town of Erie and its Board of Trustees for annexation to the Town of Erie of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: The 10.817-acre lot in the Northwest Y.of Section 18,Township 1 North, Range 68 West, 6m Prime Meridian.See legal description in Exhibit A. As part of this petition, petitioner further states to the Board of Trustees of Erie, Colorado, that: 1. It is desirable and necessary that the territory described above be annexed to the Town of Erie. 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 pei ii i cater of the area proposed to be annexed is contiguous with the Town of Erie or will be contiguous with the Town of Erie 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 Erie. 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 Erie. 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. 1 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. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Erie more than three miles in any direction from any point of the boundary of the Town of Erie in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Erie 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 Erie; 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 Erie 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 Erie but is not bounded on both sides by the Town of Erie. 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 at Exhibit B are four copies of an annexation map containing the following information: a. A written metes and bounds legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary or the area proposed to be annexed with bearing, distance, and curve data, 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 Erie 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 Erie, except for general property taxes of the Town of Erie which shall become effective as the January 1 next ensuing. 2 6. The zoning classification requested for the area proposed to be annexed is: Neighborhood Mixed-Use(NMU)and Public Lands and Institutions(PLI) WHEREFORE, the following petitioner respectfully requests that the Town of Erie, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certifies that the/t above information is complete and true. Owner.�/�1�1i�as/c a i Date: —en"-09" ApplicantlV Id.PC_0 Date: 1---e1'7'0 (attach additional signatures as necessary) 3 RECORD OF LAND OWNERSHIP AND DATE SIGNED Landowner/Petitioner Mailing Address Date Signed Legal Description of Land Owned Public Service Company of Colorado Lot B, corrected Recorded Exemption No. 1467-18-2 550 15th Street, Suite 700 RE-4161, being a replat of the Lot B, RE-128, Denver, Colorado 80202 Recorded August 4, 2006 as Reception No. 3409328 in the Weld County Clerk and Recorder's Office, State of Colorado, located in part of the Northwest Quarter of Section 18, Township 1 North, Range 68 West of the 61° P.M., County of Weld, State of Colorado. Containing 10:817 acres(Gross), more or less. 5 coo: 140TA/4-'• -e _ 172 STATE OF COLORADO ) Nc, PUBLIC COUNTY OF ) SS oF'cploct The foregoing instrument was acknowledged before me this ,c) 44-- day of 213 by .9-9Go.s. 6,_Y.bt s( . My commission expires: v2\ta'"Z-°ag . Witness my hand and official seal, • Notary u lic 4 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) SS. COUNTY OF WtA ) C-44424135 4 1-U NY , 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 Erie, Colorado, consisting of 5 pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. rculator STATE OF COLORADO ) ) SS. COUNTY OF kl�"�-D ) The foregoing instrument was acknowledged before me this 271 day of jtAll , 20Di by a 0. It-5 V 6.44 ✓ Z6t! My commission expires: • Witness my hand and o ial seal. la J Notary P is 6 EXHIBIT A Legal Description: Lot B, corrected Recorded Exemption No. 1467-18-2 RE-4161, being a replat of the Lot B, RE-128, Recorded August 4, 2006 as Reception No. 3409328 in the Weld County Clerk and Recorder's Office, State of Colorado, located in part of the Northwest Quarter of Section 18, Township 1 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. Containing 10.817 acres(Gross), more or less. 7 EXHIBIT B 8 L N. • V N c • 7 K t 0 g 0 6 1\ \ i / .., '�`+ . ,::. 1 • aS 00 -.4r Ifil cu i I '- el W e a13M t PM•WI AN 8301f108 ..s-+ 11 W Z 1 Ft eir i 01 U7 Csat o CC -ri 'rasa 1 b."(4k.? tg •, T k C . ±.....T.1 . IS WEIR { f�� 7 i S I NOTICE OF PUBLIC HEARING BOARD OF TRUSTEES TOWN OF ERIE Notice is hereby given that on September 25, 2007, at 7:00 PM, or as soon as possible thereafter, in the Town Hall, 645 Holbrook, Erie, Colorado, or at such place and time as the hearing may be adjourned to, a PUBLIC HEARING will be held upon the Petition for Annexation filed by Public Service Company of Colorado, 550 15th Street, Suite 700, Denver, CO., for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of C.R.S. Sections 31-12-104 and 31- 12-105 and is considered eligible for annexation. A copy of the Petition for Annexation, as filed, is included in this Notice. The legal description of the property is: Lot B,Corrected Recorded Exemption No. 1467-18-2 RE-4161,being a replat of Lot B, RE-128,recorded August 4,2006 at Reception No. 3409328 in the Weld County Clerk and Recorder's Office, State of Colorado, located in part of the northwest quarter of Section 18, Township 1 North,Range 68 West of the 6th P.M.,County of Weld, State of Colorado. Containing 10.817 acres(Gross),more or less. The Application for Annexation and Initial Zoning is on file with the Town of Erie. Any person may appear at the Public Hearing and present evidence upon any matter to be determined by the Board of Trustees. The Board of Trustees will be taking comments at the Public Hearing prior to making a determination or taking any action on this matter. /s/ Nancy J. Parker Town Clerk FOR QUESTIONS OR COMMENTS, CONTACT TOWN OF ERIE COMMUNITY DEVELOPMENT DEPARTMENT P.O. BOX 750 ERIE, COLORADO 80516 PHONE: (303) 926-2770 FAX: (303) 926-2706 This Notice shall be published in the Erie Review once a week for four successive weeks: August 29, 2007; September 5, 2007; September 12, 2007; and September 19, 2007. Please send the affidavit of publication and billing to: Town Clerk Town of Erie PO Box 750 Erie, CO 80516 Annexation Impact Report For Public Service Company of Colorado Annexation Prepared for the County of Weld, Colorado Town of Erie 645 Holbrook, PO Box 750 Erie, Colorado 80516 31 August 2007 1 of4 TABLE OF CONTENTS I. Introduction II. Municipal Services III. Municipal Services Financing IV. Existing Special Districts V. Impact on Public School District Systems Exhibit A Present and proposed boundaries of the municipality in the vicinity of the proposed annexation; also present streets in the vicinity of the proposed annexation Exhibit B1 Major trunk water mains Exhibit B2 Major trunk sewer mains Exhibit C Existing and proposed land use pattern 2 of4 Introduction This impact report is provided to Weld County pursuant to C.R.S. 31-12-108.5(1). The Town of Erie, Colorado, has received an annexation petition for approximately 10.82 acres located within Weld County, owned by Public Service Company of Colorado. The property is proposed for zoning as Neighborhood Mixed Use (NMU) and Public Lands/Institutions (PLI) under the Town of Erie Municipal Code, Title 10. On September 25, 2007, the Town of Erie will hold a public hearing to consider this annexation. I. Annexation Map The subject property is depicted on the Annexation Map, Exhibit Al, attached. Also shown on Exhibit Al, pursuant to C.R.S. 31-12-108.5 is the following: The present and proposed boundaries of the municipality in the vicinity of the proposed annexation. Shown on Exhibits B1 and B2 are the following: The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation. Shown on Exhibit C are the following: The existing and proposed land use pattern in the vicinity of the site to be annexed. II. Utilities/Municipal Services 1. Water and Wastewater Water and wastewater services are available to serve the site. The proposed annexation will not require the town to extend any municipal water or wastewater service lines. 2. Other Utilities Quest Communications currently provides telephone service within the proposed annexation vicinity. No change in this service is proposed. 3 of4 Xcel Energy currently provides electric and natural gas services within the proposed annexation vicinity. No change in this service is proposed. The proposed annexation will not require major service extensions from any of the above described utility providers. 3. Police Protection The Town of Erie provides its own police protection and will extend police protection services to the area proposed to be included within the town's boundaries as part of this annexation. 4. Street maintenance and improvements The annexation area has access from County Line Road. No new roads are proposed. Maintenance of the existing street within the annexation will be provided by the town. 5. Other Municipal Services The Town of Erie provides municipal services such as recreation and senior services. No infrastructure extension or expansion is required. III. Municipal Services Financing No additional infrastructure is required or proposed to provide municipal services within the area proposed to be included within the town's boundaries as part of this annexation. To the extent any additional service provision occurs, such service can be accommodated within the town's current budget. IV. Special Districts The proposed annexation area is encompassed within the following districts: • Mountain View Fire Protection District • St. Vrain Valley School District REl-J • Northern Colorado Water Conservancy District • Northern Colorado Water Conservancy District Subdistrict • Weld County Library District V. School District Impact The area to be annexed will have no impact on the school district. 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