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Home My WebLink About20063112.tiff OF FRF\, eif TOWN OF FREDERICK P.O. BOX 435 • FREDERICK, CO 80530 • PHONE: (303) 833-2388 6% FAX: (303) 833-3817 October 31, 2006 To whom it may concern RE: Fox Chase Annexation#5. This annexation involves 7,120 square feet (0.16 acres) of an isolated portion of Weld County Road 5, located in the northwest corner of section 28, R68W T2N. Per Colorado Revised State Statute §31-21-108.5 the annexation report is not required for properties of less than ten acres in size. If you have any questions regarding this annexation, please call. My number is listed above. Sincerely, / Todd Tucker Planner Enclosures rfv‘.Y3 ( et.--Dv/cw ( 0 '. PL-, coti ,SU 2006-3112 �, _O 0& NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Frederick, County of Weld, Colorado has adopted a Resolution initiating annexation proceedings for the Fox Chase Annexation, said Annexation being more particularly described in the following Resolution. The Board of Trustees of the Town of Frederick will hold a Public Hearing commencing at 7 o'clock p.m., December 14, 2006, at the Frederick Town Hall, 401 Locust Street, Weld County, Colorado for the purpose of determining whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and are eligible for annexation to the Town of Frederick. Dated this 9th day of November, 2006. TOWN OF FREDERICK By: /s/Nanette S. Fornof Town Clerk Publication Dates: November 9,16, 23, 30 and December 7, 2006. RESOLUTION NO.06R065 A RESOLUTION OF SUFFICIENCY TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK,SAID ANNEXATION TO BE KNOWN AS THE "FOX CHASE ANNEXATION NO. 5." WHEREAS,petition for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by Rob Bulthaup 6297 S. Potomac Way, Centennial, CO 80111; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of subject property for annexation and zoning, if requested in the petition; and WHEREAS,the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO,AS FOLLOWS: Section 1. The petition, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be 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 annexation complies 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 if requested in the petition, at the Frederick Town Hall,401 Locust,Frederick, Colorado 80516, at the following time and date: December 14th, 2006, 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation 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 annexation, and whether the statutory requirements for the proposed annexation 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 annexation is proper under the laws of the State of Colorado,the Board of Trustees shall pass one or more ordinances annexing the subject property to 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 26ih DAY OF OCTOBER 2006. ATTEST: TOWN OF FREDERICK By/s/Nanette S. Fomof,Town Clerk By/s/Eric E. Doering, Mayor EXHIBIT A FOX CHASE ANNEXATION NO. 5 FOX CHASE NO. 5 -ANNEXATION A PARCEL OF LAND LOCATED IN THE NW1/4 OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28; THENCE N89°43'17"E ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 58.21 FEET TO A POINT ON THE WEST RIGHT- OF-WAY LINE OF WELD COUNTY ROAD NO. 5, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING N89°43'17"E, ALONG SAID NORTH LINE, A DISTANCE OF 73.35 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 5; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE COURSES: 1) S34°50'06"W, A DISTANCE OF 99.03 FEET; 2) S29°29'16"W, A DISTANCE OF 56.34 FEET; 3) S19°27'36"W, A DISTANCE OF 45.09 FEET TO A POINT THAT IS 30.00 FEET (MEASURED AT RIGHT ANGLES) FROM THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE N00°44'32"W, 30.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE, A DISTANCE OF 132.70 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE; THENCE N34°50'06"E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 48.48 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 7120 SQUARE FEET OR 0.163 ACRES MORE OR LESS. Fox Chase No. 5 Annexation PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: September 18 2006 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK,COLORADO. I, Robert M.Bulthauo the undersigned landowner,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. Ar rz>�ionreMOrh' ChaSsWCRSTnrex.doc Page 1 of 6 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 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 I next ensuing. Further,the Annexor agrees to pay back taxes(if any)associated with the land proposed to be annexed,prior to the Annexation becoming effective. 6. The zoning classification requested for the area proposed to be annexed is Ed,Estate District. 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. Annexationpelimn-FoxChaseW CR5-Annex-2 Page 2 of 6 • of the applicant is not the owner(s)of the subject property, the owner(s), mortgage andior lienholder shall also sign the Application.) Owner: N/A Road ROW Date: Owner. Date: Applicant: Date: rt M.Bul p ( ' ' nal signatures as necessary) STATE OF COLORADO ) / ) SS. COUNTY OFlyd/utIV...) foregoing was aclenowledged before me this /4 day of c a ,20/) (p by • My rwnmission expires: -28 17 �z�N T w/<.� _ n Witness My band and official seal. 4, . O At9y.,9; Ofgefit f &)edd(d/ 10 F Notary Public —1 {MP elk arre:�:im.: ..:.raeeWCf£aArineLdOC Page 3 of 6 RECORD OF LAND OWNERSHIP AND DATE SIGNED Landowner/Petitioner Legal Description Mailing Address Date Signed of Land Owned N/A Road ROW See Exhibit A • (Insert the legal description of the property) M meat 1(iP4ML:UM1lu:Cra'saWCFZ:YAnnex.doC Page 4 of 6 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF Kirby.1.Smith 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[6 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. //// ,',/ Circulator STATE OF COLORADO ) SS. COUNTY OF /l. .Aac ) The foregoing• t was acknowledged before me this day of $a -L ,20 off:. My commission expires: (O71/,-P°'' j a Witness My hand and official seal. /��7 Notary Public KEVIN R. OLIVETT Notary Public State o₹Colorado �_ - -.-�,a _•., tea My Commission F»r• ,s 10;9/2006 Anta:.orcettnn-:a6nae6VX]P:SArrekdoc Page 5 of 6 EXHIBIT"A" FOX CHASE NO. 5 ANNEXATION Legal.Description: A PARCEL OF LAND LOCATED IN THE NW1/4 OF SECTION 28,TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TM PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 28;THENCE N89°43'1TE ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER,A DISTANCE OF 58.21 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 5,SAID POINT BEING THE TRUE POINT OF BEGINNING;THENCE CONTINUING N89°43'1TE,ALONG SAID NORTH LINE, A DISTANCE OF 73.35 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO.5;THENCE ALONG SAID EAST RIGHT-OF-WAY LINE FOR THE FOLLOWING THREE COURSES: 1) S34°50'06'W,A DISTANCE OF 99.03 FEET; 2) S29°29'18'W,A DISTANCE OF 58.34 FEET; 3) S19°27'36'W,A DISTANCE OF 45.09 FEET TO A POINT THAT IS 30.00 FEET(MEASURED AT RIGHT ANGLES)FROM THE WEST LINE OF SAID NORTHWEST QUARTER;THENCE N00°44'32-W,30.00 FEET EAST OF AND PARALLEL TO SAID WEST LINE,A DISTANCE OF 132.70 FEET TO A POINT ON SAID WEST RIGHT-OF-WAY LINE;THENCE N34°50'06'E,ALONG SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 48.48 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 7120 SQUARE FEET OR 0.163 ACRES MORE OR LESS. Ar ror oa'euta. Fe.<ThawNCR5.Fnne[.tlac Page 6 of 6 Hello