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HomeMy WebLinkAbout20061654.tiff RESOLUTION RE: APPROVE PETITION FOR THE ANNEXATION OF A PORTION OF WELD COUNTY ROAD 46 (AKA INEZ BOULEVARD)BETWEEN WELD COUNTY ROADS 19 AND 21 AND AUTHORIZE CHAIR TO SIGN - TOWN OF MILLIKEN WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Petition for the Annexation of a Portion of Weld County Road 46(aka Inez Boulevard) between Weld County Roads 19 and 21, being more particularly described in said petition, to the Town of Milliken, Colorado, and WHEREAS,after review,the Board deems it advisable to approve said petition, a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Petition for the Annexation of a Portion of Weld County Road 46(aka Inez Boulevard) between Weld County Roads 19 and 21, being more particularly described in said petition, to the Town of Milliken, Colorado, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said petition. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 19th day of June, A.D., 2006. BOARD OF COUNTY COMMISSIONERS / 4 WELD COUNTY, COLORADO ATTEST: 1 i + • " CUSED . J. 'le, Chair Weld County Clerk to the ; ;'r € o� ���� � David E. Long, Pro-Tern BY: L i. De Clerk the oard Willi\VieN APP AS M: . V" Robed D. Masden ney '!t Melf Glenn Vaa Date of signature: 1 IS1O 2006-1654 EG0054 no : Fed 0/7- TOWN OF MILLIKEN P.O. BOX 290 MILLIKEN, CO 80543 PETITION FOR ANNEXATION We represent that we are the landowners of 100% of the land described in this Petition, excluding easements, which is legally described on Exhibit "A", and affirm the following to be true and correct as of May 16, 2006, our petition for annexation is filed with the Town of Milliken. Weld County is petitioning to annex a portion of Weld County Road 46 to the Town of Milliken. As the parcel contains only a road and the typical drainage structures and right-of-way width, Weld County is petitioning to turn ownership, safety, enforcement, and maintenance of this section of road over to Town of Milliken. CONTIGUITY: 1. The perimeter of the proposed annexation has a distance of 10,574.61 feet of which 3,990.55 feet are contiguous to the existing Town Limits of Milliken. 2. This contiguity results in a minimum of 37% of the perimeter(at least 1/6)of proposed annexation being contiguous to the Town of Milliken. 3. The proposed annexation contains approximately 6.291 acres. 4. The requirements of§31-12-104 and §31-12-105 C.R.S., exist or have been met. 5. We further allege: a. It is desirable and necessary that the territory be annexed to the Town of Milliken. b. A community of interest exists between the territory and the Town of Milliken. c. The territory is integrated or capable of being integrated with the Town of Milliken. d. The territory is urban or will be urbanized in the near future. e. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. f. No proceedings for annexation of the land described in this Petition have been commenced for annexation to another municipality. 6. The Petitioners have submitted the petition with the intention that the property will be developed in accordance with Milliken's Land Use Code, Comprehensive Plan, Municipal Code, resolutions and ordinances. 2006-1654 Page 1 7. The Petitioners are aware that Milliken has enacted fees and policies with the intention that growth should pay its own way and that growth should improve the health, safety and welfare of its citizens. For this annexation, the Town of Milliken waives any fees that would typically apply to such an annexation. 8. The Petitioners understand that Milliken is required by Colorado Revised Statutes to prepare and file an annexation impact report. The Town of Milliken will prepare a proposed annexation impact report and provide it for the Town's review and consideration six (6) weeks prior to the hearing. 9. The Petitioners agree to dedicate free and clear of all liens and encumbrances of any kind, and at no charge to the Town, all easements and rights-of-way for streets and other public ways and for other public purposes, within the Property. 10. The Petitioners agree to dedicate easements and right-of-way for installation and maintenance of infrastructure. 11. The County is petitioning to annex an improved parcel to the Town of Milliken and as such has no obligation to perform additional improvements. The terms of this Petition are binding on the heirs, devisers, successors and assigns of the parties. Therefore, the undersigned hereby request that the Town of Milliken approve the annexation of the areas described herein. Petitioner - avid E. Lon , Chair Pro-Tem Weld County Board of C issioners 915 10th Street ,-'. Greeley, Colorado 80631 LIU/4/1ULf• 06 19 2006 ' ttst,� Date Signed De ty Cluck to the Board Page 2 .�? 6• - 1405 cI PROPERTY DESCRIPTION WCR46 Annexation to the Town of Milliken A parcel of land being a portion of the North Half(Nl/2)of Section Fifteen(15)and the South Half(S1/2)of Section Ten(10),Township Four North(T.4N.),Range Sixty-seven West(R.67W.), Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of said Section 10 and assuming the South line of the SE1/4 of said Section 10 as bearing North 89°15'52"West,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2640.42 feet with all other bearings contained herein relative thereto: THENCE South 00°28'33"East along the East line of the NE1/4 of said Section 15 a distance of 30.01 feet to the North line of the Pheasant Hills Annexation recorded July 7,2000 as Reception No 2779413 of the Records of Weld County; THENCE North 89°15'52"West along the North line of said Pheasant Hills Annexation a distance of 2640.29 feet to the West line of the NEl/4 of said Section 15 and the Northeast corner of said Pheasant Hills Annexation; THENCE North 89°15'52"West along a line parallel with and 30.00 feet Southerly of,as measured at a right angle to the North line of the NW 1/4/4 of said Section 15 a distance of 2586.83 feet to a line 30.00 feet Easterly of,as measured at a right angle to the West line of the NW1/4 of said Section 15; THENCE North 00°44'54"West along a line 30.00 feet Easterly of,as measured at a right angle to the West line of the NW I/4 of said Section 15 a distance of 30.80 feet; THENCE North 00°47'05"West along a line a line 30.00 feet Easterly of,as measured at a right angle to the West line of the SW 1/4 of said Section 10 a distance of 29.22 feet to a line 30.00 feet Northerly of,as measured at a right angle to the South line of the SW1/4 of said Section 10; THENCE South 8995'52"East along a line 30.00 feet Northerly of,as measured at a right angle to the South line of the SW1/4 of said Section 10 a distance of 2587.03 feet to the West line of the SE1/4 of said Section 10; THENCE South 89°15'52"East along a line 30.00 feet Northerly of,as measured at a right angle to the South line of the SEI/4 of said Section 10 a distance of 1320.19 feet to the West line of the Frank Farm Annexation recorded September 30, 1999 as Reception No 2723795 of the Records of Weld County; THENCE South 00°23'17"East along the West line of said Frank Farm Annexation a distance of 30.01 feet to the South line of the SEl/4 of said Section 10,said South line of the SE1/4 of said Section 10 being coincidental with the South line of the Frank Farm Annexation; THENCE South 89°15'52"East along the South line of the SE1/4 of said Section 10 a distance of 1320.25 feet to the Southeast Corner of the Frank Farm Annexation and the POINT OF BEGINNING. Said parcel contains 6.291 acres more or less W. SURVEYOR'S STATEMENT I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct .,.. . , •I my knowledge,information,belief,and in my professional opinion. T , Ste" • ' lilt • • as • Steven' .,, - • •afiYif King Surveyors,Inc. Colorado V_m essional Land Surveyor ••'5 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 N:I2005335LLEGALs&CLOSURESIWCR 46 ANNEXATION.doc Page I of 1 N W QI Iz 0) Q J J cC U Id C F- Z > U R- <- a 1111 -J ❑ w ?— y V w z e D CR 46.5 GREEN;T a Illiflni i I g— HOLLYIST , O HOLLY CT fr- coMj J — J w re lil JUNEBER W ST el ¢ o \ G. �Oel n K G O SITE LOCATION ❑I v LLAC ST f7/47/ ////L///////////// /u1C fslRRisli�fisss - rI L-1 I I II- m I- 2 N w CC O --.- w p PUMALN i R O O / #_ �' Q I .i a U Ir a m O 4 m a z a 5 8 Legend VICINITY MAP TOWN OF MILLIKEN w —ROAD Weld County Road 46 Annexation 1101 Broad Street 4 `2 -+RAILROAD Milliken,CO 80543 •".i�li:. I/ SITE LOCATION 0 500 1,000 (970)587-4331 M1111 Ken (=CORPORATE LIMITS I I (970)587-2678 Fax '+,,,+P Feet Town Hall, 1101 Broad St., Drawer 290 Milliken, CO 80543 (970)587-4331 Fax: (970)587-2678 Nil ii , en Weld County Planning Department SOUTHWEST BUILDING May 15, 2006 MAY 2 6 2006 RECEIVED Weld County Attn: Bruce Barker P.O. Box 758 Greeley, CO 80632 RE: Petition to Annex Weld County Road 46 into the Town of Milliken Dear Mr. Barker: We are submitting this Petition For Annexation in order to annex the portion of Weld County Road (WCR) 46 between WCR 19 and WCR 21, also called Quentine Avenue, into the Town of Milliken. This annexation request is prompted by the impending and future utility extension needs along this stretch of WCR 46 in order to service existing and future development in the immediate area. Enclosed with this letter is a Petition for Annexation, the legal description of the parcel, a vicinity map, and a list of adjacent property owners. Please contact me when you are ready to schedule the public hearing and we will notify all adjacent landowners of the hearing. Thank you for your time and consideration on this matter. I look forward to working with you. Sincerely, TOWN MILLIKEN Danna Ortiz, LEED AP Planner Page 1 of 1 Esther Gesick From: Danna Ortiz[Danna@CivilResources.com] Sent: Thursday, June 08, 2006 9:33 AM To: Esther Gesick Subject: Weld County Road 46 Annexation Attachments: signed legal description.pdf Good morning Esther. Attached please find the signed, sealed property description for the Weld County Road 46 annexation to Milliken. Town Engineer Larry Ketchum can attend the public hearing on June 19th. Where and when will the hearing be held? I confirmed that the Road is 30'on either side of the center line. Thank you for all of your help. Have a great day and feel free to call me if you have any questions. - Danna Danna Ortiz, LEED AP Civil Resources, LLC 451 Oak Street, Suite 209 P.O. Box 680 Frederick, CO 80530 303.833.1416 x3#(office phone) 303.884.4850 (cell phone) 303.833.2850 (fax) No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.1.394/Virus Database: 268.8.2/357-Release Date: 6/6/2006 6/8/2006 NOTICE Pursuant to Sections 31-12-104 and 31-12-105, C.R.S., and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Centennial Center,91510th Street, First Floor,Greeley,Colorado,during its regular Board meeting. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Centennial Center, 915 10th Street, Third Floor, Greeley 80631, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DATE: June 19, 2006 TIME: 9:00 a.m. APPLICANT: Weld County Board of Commissioners 915 10th Street Greeley, Colorado 80631 REQUEST: Consider Petition for Annexation of a portion of Weld County Road 46(aka Quentine Avenue) between Weld County Roads 19 and 21, to turn ownership, safety, enforcement, and maintenance of this section of road over to the Town of Milliken LEGAL DESCRIPTION: The public road right-of-way lying 30 feet on either side of the section line between Sections 15 and 10, Township 4 North, Range 67 West of the 6th P.M., Weld County, Colorado (See attached Exhibit A for surveyed legal description) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 8, 2006 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 8th day of June, 2006. TOWN OF MILLIKEN ATTN: LARRY KETCHUM, TOWN ENGINEER 1101 BROAD STREET DRAWER 290 MILLIKEN CO 80543 ROGER AND GARY FRANK PO BOX A MILLIKEN CO 80543 LOT HOLDING INVESTMENTS LLC 1760 BROAD STREET UNIT E MILLIKEN CO 80543 PURVIS PROPERTIES LLC PO BOX 18422 BOULDER CO 80308 BYRON AND MARK AND STEVE SPAUR 3801 COUNTY ROAD 46 BERTHOUD CO 80513 BINDER FAMILY FARMS LLC 9783 WELD COUNTY ROAD 46.5 MILLIKEN CO 80543 ARCHDIOCESE OF DENVER 1300 SOUTH STEELE STREET DENVER CO 80210 Deputy Clerk to the Board Frank Roger Allen &Gary Dean & PO Box A 105910419001 Milliken, CO 80543 Frank Roger Allen &Gary Dean & PO Box A 105910419002 Milliken, CO 80543 Frank Roger Allen & Gary Dean & PO Box A 105910419003 Milliken, CO 80543 Lot Holding Investments LLC 1760 Broad St Unit E 105915000029 Milliken, CO 80543 Lot Holding Investments LLC 1760 Broad St Unit E 105915000034 Milliken, CO 80543 Purvis Properties LLC PO Box 18422 105910000009 Boulder, CO 80308 Spaur Byron L& Mark R&Steve J 3801 County Rd 46 105910000022 Berthoud, CO 80513 Binder Family Farms LLC 9783 County Rd 46 % 105915000021 Milliken, CO 80543 Hillsborough Ditch Co Exempt 105909000006 Archdiocese of Denver 1300 S Steele St 105916100039 Denver, CO 80210 J:IMilliken\Planning\WCR 46 annexation\County Adj Owners.doc Hello