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Home My WebLink About20062478 !'.'71D C.-),, ,..,;. ngoN COL4,446 o 2T A,, G 23 AM II: 33 _ TOWN OF HUDSON f Elm t-, 3 557 ASH STREET p / PO BOX 351 fSL1000 HUDSON, CO 80642-0351 Phone: 303.536.9311 FAX: 303.536.4753 August 25, 2006 SENT VIA REGISTEREED MAIL Weld County Board of County Commissioners Weld County Attorney Weld Re-3J School District Hudson Fire Department Central Colorado Water Conservancy District West Adams Conservation District Re: Notice of Annexation Public Hearing Enclosed are the following materials related to the proposed annexation of a parcel of land into the Town of Hudson. • Legal ad • Resolution of Substantial Compliance • Annexation petition A public hearing on the annexation and zoning of this property will be held before the Town of Hudson Board of Trustees at the above address on Wednesday, September 20, 2006, at 7:00 p.m. Please contact the Town Clerk, Judy Larson, if you have any questions. S. cereyv, Joseph A. Racine Interim Town Administrator enclosures c: Judy Larson, Town Clerk Corey Hoffmann, Town Attorney Pt.FL c- 7e-tite,(,) fig ; frL, �l cvi 2006-2478 oq - a -vim Cv °I�i ia iEiIii6iiilpe1 I gib °I regi {{� v . d ° Fa II g !:!I �� i�} H I. ; �a 9i E �9Iys�=a�8igol �� ;",' i xl G 'Ili' Si °�°e 14 9 °�°lQfvifi11 �1 �Q RE I E Q�° Q �77 Ai 1i� vl 1a°a.kli7°•�ai� 6 �._i Q p a N 1 IIT a . ie ei'. ialv R' AA I y !IAA i i ;ee0 3 ��espj�iyiR9Yi Kp gi R R i 94e a '� i a i } pQ _ iG6'E a !!! !;!;1 S 4@ . jai Q1 'age a8 °R,tliar i9ee•Ilk �d 7 •to giy SQ i B :v� a �d s•..al Pe a p eg IIIY"- �dsla ii g e ° f � 5 f� eQ°ff Ix; 5 n e itRlh1 is yylpl •e.R3a i e ft g 1 GI p- ti og I$y' ° IiiQC6eRoe fills 1° ° 5 �I117' ai il 5eaa E 1! Is 'ill ie I IaralkgiR 5ei Qi a _1_ es![ i vRge' is RR° €a C �lQQ giL� R§6tSie�eyeii l° le] 1, I B1 E f 1° i ` Je IA l i .1 ii.i 1a 'IM iia beSSclla a 1 d f e i".i B° a piR v R � i 9 e{-fi lE °ia glaa'@ fydi lig ° ° �• II'.. Q p(vpoe� jI 9i! §tlael fil diaiielililaiilA II C c a if iilli !1 1 119:1 I i ;;i A a y I s 8 Irogr, < t tM -o p N o.n O w lilThe t ! I ti n a j vlSbllN, :n cc hR rc I " � B. I a O R o 4m 1 — _ _ J 4 / k.„ m a w n2ozc,xwq a 1 z cF�2�W4s n i x N3 a! Y?RC .1 wZ uoV v I I'll a� (�.. gg ZOykoFow El 4 12151 43 OO EE! I I 8 mE2s _ I i e g QIL o,.�a9 F ai w ay X O 1.t,o m 'nil U =g p �vF~p :,1 `g F f a CO it LUZx 4oa. ° Z ; omxZ ml 1 1�i o a r Q w of CSI a x i K. $ .� I i g o.,.., 0 a ° �\ ...An. I c I— \ osp°l ..�pl.�a" ..oc.mao. + �ele P I Lt OVOd AINOOD (IBM R-I F -8,I Iis - __ Qili Ill i' fi i a S. II n Ip a --- E— I 6 R Q' i'I Ipi[ S�R il! d�e �i4 ge a II, Ii6 w a �— —sl Ho P ' r2fq 1: a ' e°f° g y, e�l Rgo if s 7114 MI tg!DII ° t!It! b ! II 1g ili;: Ill I ..I i WI; RIt If! i eri 1Q1�i high' if ih Ida iiR • • - August 17, 2006 South Weld Sun CPAXLP - NOTICE L CONTRACTOR'S _ �(/♦ / (ri r7 - FINAL SETTLEMENT Ate ,Al�rw'ir."7Y. TOWN OF HUDSON ti NOTICE OF PUBLIC HEARING Notice is hereby given that, pursuant to C.R.S. BEFORE THE BOARD OF TRUSTEES 8-26-107, the Weld County School District 0 -3(J), Keenesburg, Weld County, Colorado, Q. Do you think it is a good c IN CONSIDERATION OF: h established Thursday,August 24, 2006, at idea to take a year off between high h AN ORDINANCE APPROVING ANNEXATION 2: p.m., as the date and time of final settle- school and college? OF LAND LOCATED IN THE NW'A OF SEC. me t with LVI Environmental Services Inc., for 21, AND IN THE SW / OF SEC. 16, TiN, aba ement of Weld Central Junior High School C R65W OF THE 6TH P.M.,COUNTY OF WELD, at: A. No. Trying to get back on5 STATE OF COLORADO, CONTAINING 27:42 - - the academic track can be difficult for F ACRES MORE OR LESS. ' Weld Central Junior High School many students. Trying to get back on l 4977 Weld County Road 59 the college admissions track is C TO BE HELD AT: Keenesburg,Colorado 80643 HUDSON TOWN HALL,557 ASH STREET always more difficult after a year off, f Any erson,co-partnership,association of per- unless you accept a college's offer ii DATE: SEPTEMBER 20, 2006 TIME: 7:00 -son company, corporation, or entity who has during your senior year in high l - • an paid claim against the contractor'or any school, "defer'" your admission, and r sub ontractors on the project for or on account CONTACT.FOR ADDITIONAL INFORMATION of he furnishing of labor, materials, rental then go another route for the next F REGARDING THIS PUBLIC HEARING, CON-- m hinery, tools or equipment, sustenance, twelve months. C - TACT JUDY LARSON,TOWN CLERK,TOWN ' pr visions,or other supplies used or consumed Often times, a student will fin- C OF HUDSON, 557 ASH STREET, BOX 351, b the contractor or any subcontractor, in or ish high school,want a break from the 'F HUDSON CO.80642(303)536-9311 out the performance of work on the project ay file, at any time up to and including the educational process, get a job, get h Published in the South•Weld Sun August 10, time of final settlement, a verified statement of used to the income, and have a hard 17, 24&31, 2006. the amount due and unpaid on account of such time going back to the lifestyle of It claim with the Board of Education of the School classroom learning, less independ- d PUBLIC NOTICE District, do the Superintendent of Schools, at he following office: ence, and probably no income. 2 C rs Energy Company, a business On the other hand ... if you s add olden Colorado Dr. Marvin Wade,Superintendent, 80402, has applied to the Colorado Division of Weld County School District Re-3(J) pursue a different erhigh c l exp ol- Minerals and Geology for a renewal of its 99 West Broadway ence between school and COI- Permit for continued reclamation operations at P.O. Box 269II loge, that can be a great choice. b the Keenesburg Mine.Coors Energy Company Keenesburg, CO 80643 - Taking a year off from learning is C owns and is reclaiming the Keenesburg Mine under the current permit No.C-1981-028. Failure on the part of a claimant to file such never a good idea. Going a different k route and gaining a new interest and a • statement prior to the established date and • The.Keenesburg Mine is located 7 miles north time of final settlement will relieve Weld County new knowledge in a particular area n of Keenesburg, and is accessed by Weld School District Re-3(J)from any and all liability that you might study in college is like b County Road 59.The USGS 7.5 minute quad- -for such claimant's claim.• b tangle maps, "Kiug Ranch" and"Tampa" con ly to significantly increase the return A lain the entire operation and its private access pate' ' July 31,2006 on your investment in your college road. The currentpermitted area is in portions - education—yOU will get more for your of Sections 25 and 36, T3N-R64W, 6th Prime Weld County School District Re-3(J) motley. As a country; we should • Meridian,Weld County,Colorado. By:- Travis B.Guerette - spend less time worrying about how Copies of the application may be viewed at the Owner's Representative much college costs and more time Town Hall in Keenesburg,Colorado,and at the - Published in the South Weld Sun August 3& maximizing worryingabout our return I Division of Minerals and Geology offices, 1313 17,2006. on investment. If you enter college Sherman Street, Room 215, Denver, Colorado - - 602ua Telephone 303 ass-3557. with enthusiasm and with a mission, Attn: Dan Kreisha Items in storage unit#105 your college education will produce Anyone with an interest may submit written and#106 at 120 N 1st Ave in Keenesburg will great returns - far greater than any be disposed of or sold if storage bill is not paid other investment you will find on Wall comments,objections,or a request for an infer- - mar conference within 30 days.All comments, in full on 9/1/06 by 1 pm at 505 Main'St Ft objections, and requests must be submitted in Morgan Office of Keenesburg Storage. Street or Main Street. writing to the Division of Minerals and Geology A great educational program at the above address. Published in the South Weld Sun August 17 8 that doesn't feel like a classroom, but • 24,2006. does develop Published in the South Weld Sun August 10, - great enthusiasm. There and 17,24&31,zoos. • mission is of value. are C The VALLEY BANK & TRUST, Brighton, Senator Salazar Wants In Ut many great options. The best ones p P are probably those you create your- Adams County, Colorado,has applied to the . . on Farm Bill. - self, but many are all set up for you. I` Federal Deposit Insurance -Corporation for authorization to establish a branch at the fol- An Internet search for "interim year" f lowing location: -5 - 15 N. Market St., Farmers, ranchers-and the will direct you to many great options. it Keenesburg, co, County of Weld,-State of public are.invited .to join Senator GlobalQuest, ITHAKA, NOLS, F Colorado Salazar to share their ideas about the- Outward Bound, Dynamy, Sea Any person wishing to comment, protest, or upcoming reauthorization of the Farm Semester, and Audubon are all good request a hearing in connection with this appli- Bill. Many of the issues expected to options, but not always cheap. TheC cation may tile his or her observations in writing be of paramount importance to farm- Experiment in International Living it with the Regional Director of the Federal ers 'and ranchers include funding for was one of the originals in this hus-i- DepositInsurance Corporation at its Regional °trice, Suite 1900, 1910 Pacific Avenue, •disaster mitigation programs, drought ness. The School for Field Shniiv,a i, Dallas, Texas 75201 before processing of the relief, commodity support, bio-fuels a great option for those interecto l in apilie -G,n iscompinte. Processing will be investments and trade issues. the environment. There am f con pl I,d no earlier than the 15th day fnlle.v. mare; _ Ho tvil l. . , It' . .l.i,i,,r,, gra:at ontinne ill n Item RESOLUTION NO. O 7 Series of 2006 TITLE: A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION AND ESTABLISHING SEPTEMBER 20, 2006, AS THE DATE OF PUBLIC HEARING ON THE REQUESTED ANNEXATION OF A PARCEL OF UNINCORPORATED TERRITORY LOCATED IN THE COUNTY OF WELD (HAMILTON ANNEXATION) WHEREAS, the owner of unincorporated territory, comprising more than fifty percent OW,to) of the area proposed for annexation pursuant to C.R.S. § 3142-107, has filed a petition for annexation of a certain unincorporated property to the Town (the "Petition"), which territory is more particularly described in Exhibit A attached to the Petition; WHEREAS, C.R.S. § 31-12-108 requires that the Town accept the Petition and establish a date, time and place that the Board of Trustees will hold a public hearing to consider the annexation and the various requirements of Title 31, Article 12, C.R.S.; WHEREAS the Board of Trustees, at its regular meeting on August 2, 2006, received the Petition; and WHEREAS, pursuant to C.R.S.. § 31-12-107, this Board of Trustees, sitting as the governing body of the Town of Hudson, Colorado, hereby determines that the proposed annexation of the real property described in Exhibit A is in substantial compliance with C.R.S. § 31-1Z-107(1). NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE {OWN OF HUDSON, COLORADO, AS FOLLOWS: Section 1. The proposed annexation of the real property described in Exhibit A substantially complies with C.R.S. § 31-12-107(1). Section 1_ A public hearing on said annexation will be conducted on the 20`h day of September, 2006, at 7:00 p.m., at the Town of Hudson Town Hall, which is located at 557 Ash Street, Hudson, Colorado, 80642, to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105 or such part thereof as maybe required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, lmown as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 2. Any person living within the area proposed to be annexed, any landowner of lands thereof, any resident of the municipality to which the area is proposed to be annexed, any 07/26/06 F:IANNEC4 TZONSLITAMILTON,20061H4MIL ION_SUBST COMPL-I OOO municipality located within one mile of the proposed annexation, or the Board of County Commissioners of Weld County, may appear at such hearing and present evidence upon any matter to be determined by the Hoard of Trustees. INTRODUCED, READ and PASSED this day of _, 2006. TOWN OF HUDSON, COLORADO Neal Pontius, Mayor ATTEST: Judy Larson, Town Cleric 5/06 F:IANNEXS TIONS6YAMIL TON,? Obi OC OOSIFi�IMlI CON SL/BST _COMP/-I-DOC EXHIBIT A LEGAL DESCRIPTION ANNEXATION MAP TO TILE TOWN OF HUDSON, COLORADO PATRICK M. HAMILTON AND CHRISTINE I,. HAMILTON, OWNERS LOT B OF RECORDED EXEMPTION NO. 1473-21-2-RE-2990, PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 61 P.M., COUNTY OF WELD, STATE OF COLORADO, TOGETHER 'WITH A PART OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6m P.M., ALSO BEING A PORTION OF THE NORTH 30 FEET OF WELD COUNTY ROAD 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 21 TO BEAR NORTH 00°06'50" WEST BETWEEN ALIQUOT CORNERS AS DESCRIBED IIEREON, WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID LOT B; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16 NORTH 00°06'50" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 8, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONT SAD NORTHERLY RIGHT OF WAY LINE SOUTH 59°28'50" EAST, A DISTANCE OF 543.56 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE SOUTH 00°32'45" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH S2°55'00" EAST, A DISTANCE OF 822.59 FEET TO A POINT ON THE WESTERLY LINE OF A 25-FOOT WIDE UNION REA EASEMENT; THENCE ALONG SAID WESTERLY LINE FOLLOWING (3) COURSES AND DISTANCES: I) SOUTH 19°39'30" WEST, A DISTANCE OF 200.00 FEET; 2) SOUTH 70°20'30" FAST, A DISTANCE OF 5.00 FEET; 3) SOUTH 19°39'30" WEST A DISTANCE OF 651.39 FEET TO A NON-TANGENT CURVE TO THE RIGHT; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID REA EASEMENT AND ALONG THE ARC OF SAID NON-TANGENT CURVE A DISTANCE OF 76.32 FEET, SAID CURVE HAVING A RADIUS OF 2791.80 FEET, A CENTRAL ANGLE OF 0134'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 25°14'16" WEST A DISTANCE OF 76.52 FEET; THENCE DEPARTING SAID EASEMENT SOUTH 8953'10" WEST, A DISTANCE OF 1042.65 FEET TO A POINT ON THE WEST LINE OF T1111 NORTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID WEST LINE NORTH 00°06'50" WEST, A DISTANCE OF 1061.09 FEET TO THE POINT OF BEGINNING. THUS DESCRIBED TRACT CONTAINS 1,194,582 SQUARE FEET (27.4: ACRES) MORE OR LESS, TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHTS-0F- WAY EXISTING AND/OR OF PUBLIC RECORD. eP PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO RE: PROPERTY KNOWN AS THE Hamilton's 2886 County Road 41, Hudson, CO 80642 The undersigned owners of more than fifty percent(50%)of property proposed to be annexed,exclusive of streets and alleys, which property is described in Exhibit"A", attached hereto and made a part of, hereby petition the Town of Hudson, Colorado for annexation of the property described in Exhibit"A"(the"Property"), in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. In support of this petition, petitioners further state: 1. That it is desirable and necessary that the Property be annexed to the Town of Hudson, Colorado, 2. The requirements of the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is/will be contiguous with the existing boundaries of the Town of Hudson, Colorado. 4. A community of interest exists between the Property and the Town of Hudson, Colorado. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated or is capable of being integrated with the Town of Hudson, Colorado. 7. In establishing the boundaries of the Property, 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 has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road, or other public way. 8. No land held in identical ownership comprising twenty(20) acres or more and which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the preceding tax year has been included in boundary of the Property without the written - 1 - consent of the landowner or landowners. 9. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the territory proposed to be annexed. 10. Annexation of the Property will not result in the detachment of area from any school district and the attachment of same to another school district 11. Upon the effective date of the Annexation Ordinance, all lands within the Property shall become subject of all ordinances, resolutions, rules and regulations of the Town of Hudson. 12. Petitioners are owners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent(50%)of the landowners of such area, and are, in fact owners of one hundred percent(100%) of the area proposed to be annexed, exclusive of streets and alleys and said owners attesting to the facts and agreeing to the conditions herein will negate the necessity of an annexation election. 13. Accompanying this petition are four (4) copies of an annexation map showing the seal of a registered engineer or land surveyor, containing: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the Property and the boundary of the Property continuous with the Town of Hudson and any other municipality abutting the Property; c. The location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; d. The total acreage, more or less, of the Property; e. The total length of the perimeter of the boundary of the Property and the length of the boundary of the Property contiguous with the Town of Hudson. 14. No part of the area proposed to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place. - 2 - 15. The area proposed to be annexed is located within Weld County, Weld County School District Re 3 (J), Hudson Fire Protection District, and the following districts: Weld Library; Aims College; Central Colorado Water, Lost Creek Ground Water and Central Colorado Water Conservation. 16. The mailing address of each signer, the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition. 17. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. 18. Petitioners understand that connection to the water system of the Town requires inclusion into the Northern Colorado Water Conservancy District, and the Municipal Subdistrict, Northern Colorado Water Conservancy District. Failure to provide such services to the Property shall not be cause for disconnection of the Property at any future time. 19. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit"A" into the Northern Colorado Water Conservancy District ("District") pursuant to Section 37-45-136 (3.6), C:R.S. Landowner acknowledges that, upon inclusion in the District, landowners 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 at the time of inclusion of landowners lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the District can impose such mill levies and special assessments as it has the authority to impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, ' 20 of the Colorado Constitution. 20. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit "A" into the Municipal Subdistrict , Northern Colorado Water Conservancy District("Subdistrict") pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that, upon inclusion in the Subdistrict, landowners 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 Subdistrict at the time of inclusion of landowners lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, ' 20 of the Colorado Constitution. - 3 - 21. No vested rights to use or to develop the Property in any particular way, as defined in Section 24-68-101 et seq., C.R.S. have been requested by Petitioners from any governmental entity. Petitioners waive any vested land use rights attached to any or all of the Property. 22. The petitioners acknowledge that upon annexation of the Property to the Town, the Property, the owners thereof, and uses thereon will be subject to all taxes and fees imposed by the Town. Provided however, petitioner Colorado Department of Transportation shall not be subject to taxes or fees levied by the Town from which they are exempt by Colorado law. The Property, the owners hereof and the uses thereon are also bound by any voter authorization under Art. X, 20 adopted prior to annexation of the Property. The petitioners waive any claims they may have under Art. X, ' 20 of the Colorado Constitution related to such taxes and fees Therefore, your petitioners respectfully request thatthe Board of Trustees of the Town of Hudson, Colorado, approve the annexation of the Property. - 4 - ( I AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Hudson, Colorado, consisting of five(5) pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) ) ss. COUNTY OF \I\i_t_c ( ) The f rggoing Affidavit of circulator culator was s bscribe rid s orn to before me this "i day o _k1� , , .'1, , by k ict. 6e/l a Oils1;i1�� 177/ ili My ommission expires:U{+�G+c1)30 , Jo B. O00-N [SEAL] ��.ce B. 00- ct ' 32 a Public �� . cC�T,4tiY;, , rY 't itt L 1 , 'r<173 .,:.- vay„, G 7 _G T •.A i O "e'.. 'lei OF'�,ok,QUO - 5 - ( O O 2 C• C oua U C ai J A R W d J co c co co o O in co 0 0 U U C C O O N N - TJ a) _ _ a 0 3 _ ul O V V co d o TS 13 IX cc v▪ J Co o 0 U U m ca COw CO GO OD N Co N ,p ▪O m Y • W A O d c Tags O C � m C 0 tl1 J wo a_ EXHIBIT "A' Legal Description: • 2886 County Road 41, Hudson, CO 80642 Lot B of Recorded Exemption No: 1473-21-2-RE-2990 Part of the Northwest one-quarter section 21,Township 1 North, Range 65 West of the 6th P.M. County of Weld, State of Colorado - 7 - J,pgON COLo 4≥ "�O TOWN OF HUDSON fr 557 ASH STREET P.O BOX 351 ESLil06 HUDSON,CO 80642-0351 PHONE: 303.536.9311 FAx: 303.536.4753 August 30, 2006 Board of County Commissioners Weld County PO Box 758 Greeley CO 80632 Sent via Certified Mail Re: Annexation Impact Report Dear Commissioners, Pursuant to CRS 31-12-108.5, I am enclosing an annexation impact report for the proposed annexation of a 27.42 acre parcel of land, located at the SW corner of the WCR8 and I-76 crossing. A legal description of the proposed annexation is included in the report. Please contact me if you have questions. Si ereL4, C--.Ioseph A. Racine Interim Town Administrator attachment c: Judy Larson, Hudson Town Clerk Corey Hoffinann, Town Attorney aric MP/au) PO'. PG, 50 C9n -(0-0b ANNEXATION IMPACT REPORT HAMILTON ANNEXATION TO THE TOWN OF HUDSON, COLORADO August 30, 2006 This Annexation Impact Report has been prepared pursuant to Section 31-12-108.5 of the Colorado Revised Statutes. The property being considered for annexation was within a Weld County recorded exemption, 1473-21-2-RE-2990. It consists of 27.42 acres+/-, located at the southwest quadrant of the 1-76 and Weld County Road 8 crossing. It is currently zoned in Weld County as A-1. The property being considered for annexation is within the Town's 3-mile annexation plan. A copy of the plan map is attached. A hearing before the Hudson Board of Trustees on the proposed annexation, subdivision and zoning is scheduled for 7:00 p.m. on September 20,2006,at the Hudson Town Hall. Questions regarding this report should be directed to Joe Racine,Interim Town Administrator, at(303) 536-9311. Land Use Currently, the property is occupied by a house and several sheds. The owner has obtained a permit from Weld County to construct a pole barn near the house. The landowner is requesting approval of a minor plat, dividing the property into four lots. A copy of the proposed minor plat is attached. Proposed zoning in the Town is A-2, agricultural, and C-2, commercial. The agricultural lots would permit single houses on large lots(proposed to be 4.82 and 3.2 acres). The remaining property would be subdivided into two commercial lots. The landowner has indicated an intent to operate a storage business on one of the commercial sites as an interim land use. A Panhandle Eastern gas line easement crosses the property. Utilities Municipal water and sewer are not available to the site at this time. Under the terms of the annexation agreement, owners of property within the annexed area will not request service until such services are available in the vicinity,and the Town will not require connection until services are available within 400 feet of any lot within the annexed area. Any new development within the property will be required to obtain state and/or county permits for wells and septic tanks prior to the availability of municipal services. Extension of municipal water and sewer services to the property will be dependent upon other lands within the vicinity annexing to the Town and developing. Developers will be responsible for the cost of extending municipal services. Streets The property proposed for annexation is bounded by segments of Weld County Roads 8 and 41. The recorded exemption plat showed an intervening 20'—25' wide strip of land,owned by"Union REA," between this parcel and the I-76 frontage road. The annexation proposes to include the full width of Road 8,and the east half of Road 41. Only the east half of WCR41 is included at this time because the property owners on the west side of the road declined to sign a petition that included the west half of the road easement. The State of Colorado is the owner of the property on the north side of County Road 8. The Colorado Department of Transportation has indicated to the Town that it will not participate in the annexation of the north half of WCR8,but would not object to annexation. It is the Town's intent that the full width of County Roads be annexed at such time as the underlying landowners petition for such annexation. There are no other public streets existing or proposed within the property. Upon annexation, the responsibility for maintenance of the annexed portions of the roadways will be assumed by the Town. The Town will request that these road segments continue to be maintained by the County under an intergovernmental agreement. Districts According to the County Assessor,the property lies within the Hudson Fire District, the Weld Re- 31 School District,the Central Colorado Water Conservancy District,and the West Adams Conservation District. As a condition of annexation,the landowner will be required to petition into the Northern Colorado Water Conservancy District. The property is also within the Aims College and Lost Creek Ground Water districts. Schools The requested annexation, subdivision and zoning of the property will enable one additional house to be built on the property. A 2003 report from Strategic Resources West, Inc., estimated that one single- family dwelling unit would, on average, generate the following number of students: Elementary 0.360 Middle 0.110 High 0.175 In 2003 School District Re-3J estimated that the total cost of building new schools to serve new growth was$9,104 per single-family dwelling. Other Public Services Fire protection is provided by the Hudson Fire Department. Police protection is provided by the Weld County Sheriff. Attachments 1. Town boundary map,with 3-mile annexation boundary 2. Draft annexation agreement 3. Annexation legal description 4. Annexation map I a _, z z 4 W j . z s Z•Ih As z a wv) la a O N nil O z OO Z a 6 O p Q z> 0 1 II w EE O cr 0 O z — a a a E z� o 0 w Ld E OZ Q 0� Z O U a Q 0 O 3 0 O r-- - O i / C4 o© 10 0 W - moo t O a� 00 < - z i- ;[j�]j y O 3z mI W O LL Z D3 00 ¢ 2 I- -4o in z s9 0505 aNnoo. '�� / / /�% ® it 0505 AiNnoo — o _ . _ 5t OVOa AiNnoo �/ II Ei o b)b 7 iib u ovoe uenoo o m n ANNEXATION AGREEMENT pTHIS AGREEMENT is voluntarily made and entered into this ?9 day of H1 utrfr , 2006, by and between the Town of Hudson, a Colorado statutory municipality(hereinafter referred to as the"Town"),and Patrick Hamilton and Christine Hamilton, their heirs, successors, and assigns(hereinafter referred to as the "Property Owner"). RECITALS: A. The Property Owners are the owner of certain real property(the"Property")situated in the County of Weld, State of Colorado,which Property is described in Exhibit A attached hereto and made a part hereof. B. The Property Owner desires to have the Property annexed to the Town. C. The Town wishes to annex the Property into the Town and shall consider the zoning application for the Property and a minor subdivision plat for the Property upon the condition that this Agreement is approved by the Town and is executed by the Town and the Property Owner. NOW, THEREFORE, in consideration of the foregoing recitals, mutual covenants, and promises set forth below,the receipt and sufficiency of which are mutually acknowledged,the Town and the Property Owner hereby agree as follows: 1. Annexation. The annexation of the Property shall be in accordance with the Colorado Municipal Annexation Act of 1965, as amended. 2. Purpose. The purpose of this Agreement is to set forth the terms,conditions,and fees to be paid by the Property Owner upon annexation and initial development of the Property. Unless otherwise expressly provided to the contrary herein,all conditions contained herein are in addition to any and all requirements of the Town of Hudson Zoning Ordinance and Subdivision Regulations,as amended, any and all state statutes, and other sections of the ordinances of the Town of Hudson. 3. Water and Sewer Services. a. The parties acknowledge that municipal water and sanitary sewer services are not available to the Property at this time. The Town shall not require that the property be connected to municipal water and sanitary sewer until such time as these services are available within four hundred(400)feet of any subdivided lot within the Property. Owners agree that when municipal water or sanitary sewer services are available within four hundred (400)feet of any lot or lots within the Property they will connect all buildings on such lot or lots to said municipal water or sewer services at their own expense, and will pay all applicable water supply and connection charges in effect at the time of connection. The Town will cooperate with the Owner in facilitating such connections. - 1 b. As a condition of annexation of the Property, the Owner will convey to the Town by quitclaim deed all rights to ground water under the Property c. Until such time as buildings within the Property are connected to municipal water service as described in a. above,the Owner will be allowed to continue the use of the individual water well on the property,and will be allowed to drill additional well(s)as might be permitted by the Colorado State Engineer to serve any additional development as may be approved by the Town in accordance with the Town's ordinances. The Owner will be responsible for all costs associated with operation of the existing well, and the permitting, construction and operation of any additional wells. d. Until such time as buildings are connected to municipal sanitary sewer service as described in a. above, the Owner will be allowed to continue the use of the individual septic system on the property, and will be allowed to install individual septic systems as might be permitted by Weld County to serve any additional development as may be approved by the Town in accordance with the Town's ordinances. 4. Zoning and Development. a. Minor Development. Concurrently with the Annexation, the Owner may apply for a Minor Development subdivision plat, dividing the property into not more than four lots. b. The Property Owner hereby consents to zoning for the Property of A-2, Agricultural, and C-2, Commercial, as shown on Exhibit B. c. Town Fees. The Property Owner hereby agrees to pay the Town an amount not to exceed $500.00 to help defray the administrative and review expenses of the Town, and for engineering,surveying,and legal services rendered in connection with the review of the annexation of the Property,which cost shall be determined by the Town Administrator. In addition, the Property Owner shall reimburse the Town for the actual cost of mailings associated with the annexation review process and for fees to record all related documents with the County Clerk and Recorder. The Property Owner further agrees to pay all impact fees established by Town ordinance as may be in effect at the time of development of the Property(as evidenced by plat approval)so long as said additional impact fees are assessed or adopted Town-wide,except as specifically provided by this Agreement. The Town may withhold any plat approval or withhold the issuance of any permits for construction or occupancy for failure to pay Town fees as provided herein. All fees recited in this Agreement shall be subject to amendment by the Board of Trustees by ordinance so long as any amendment is Town-wide. Any amendment to the fees shall be incorporated into this Agreement as if originally set forth herein. - 2 - c. The parties acknowledge that it is the Owner's desire to construct and to operate an outdoor storage business for the purpose of storing privately-owned boats, recreational vehicles and similar items on a C-2 portion of the Property. The Town represents that such a business is a use by right in the C-2 zoning district. Subject to approval of the C-2 zoning by the Town, acquisition of necessary permits and the construction of approved fencing and other site development requirements as might be imposed by the Town under the provisions of the Town's zoning ordinance,the Owner may proceed with such a use on the Property. 5. Open Space. Fees in lieu of park dedication shall be payable at the time of issuance of building permits for any development on the Property according to fees prevailing at the time of issuance. 6. Parks. Fees in lieu of park dedication shall be payable at the time of issuance of building permits for any development on the Property according to fees prevailing at the time of issuance. 7. School Impact Fee. Fees in lieu of land dedication for school purposes shall be payable at the time of issuance of building permits for any residential development on the Property according to fees prevailing at the time of issuance. 8. Road Impact Fee. Road impact fees shall be payable at the time of issuance of building permits for any development on the Property according to fees prevailing at the time of issuance. 9. Annexation of Roads. The Property extends to the approximate centerline of County Roads 8 and 41. It is the intent of the Town to have the full width of the adjoining sections of these County Roads included in the annexation of the Property or at such time as the owners of land adjoining these County Road sections consent to such annexation. 10. Adjoining property. The parties acknowledge that between the east boundary of the Property and the Interstate 76 right-of-way,such right-of-way being within the Town,there is a strip of privately-owned land in the unincorporated county,varying in width from twenty feet to twenty- five feet. Access to the Property across such strip of land from the frontage road within the Interstate 76 right-of-way is a private matter between the Owner and the owner of such land. The Town will not unreasonably withhold access from the frontage road. 11. Permitted Development. The Property Owner shall develop the Property in accordance with this Agreement,Town ordinances and regulations,and applicable state and federal law and regulations. The Town shall allow and permit the development of the Property upon submittal of proper application and payment of fees imposed by Town ordinances and regulations. 12. Northern Colorado Water Conservancy District. Prior to final approval by the Town of an ordinance annexing the Property, the Owner will provide the Town with evidence that an - 3 - application has been made to include the Property within the Northern Colorado Water Conservancy District. 13. Property Owner. The Property Owner is entering into this Agreement and is undertaking the obligations imposed upon the Property Owner herein in reliance upon the Town's concurrent adoption of an ordinance annexing the Property into the Town,adoption of an ordinance zoning the Property A-2 and C-2 as provided in paragraph 4.b. of the Agreement. Performance of the Property Owner's obligations hereunder is expressly conditioned upon the Town's adoption of the ordinance described in paragraph 4.b. and adoption of an ordinance annexing the Property into the Town. If the Town fails to adopt the ordinance described in paragraph 4.b. or fails to adopt an ordinance annexing the Property into the Town, then the petition for annexation will be deemed withdrawn and the annexation process will be terminated. 14. Waiver of Prior Vested Rights. The Property Owner waives any prior vested property rights acquired in Weld County so long as the Property remains annexed into the Town. 15. Remedies. The Property Owner's remedies against the Town for the Town's breach of this Agreement are limited to breach of contract claims. The Town's remedies under this Agreement include,but are not limited to,the following: a. The refusal to issue any building permit or certificate of occupancy. b. The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced,except a building permit previously issued to a third party. c. A demand that the security given for the completion of the public improvements be paid or honored. d. Any other remedy available at law. 16. Authority of the Town. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of existing codes or ordinances or as a waiver or abrogation of the Town's legislative, governmental, or police powers to promote and protect the health, safety and general welfare of the Town or its inhabitants;nor shall this Agreement prohibit the enactment by the Town of any fee that is of uniform or general application. 17. Termination. If the zoning as set forth above is not approved by ordinance,or if the annexation of the Property is for any reason not completed,or this Agreement is not approved by the Board of Trustees,then this Agreement shall be null and void and of no force and effect whatsoever. 18. Binding Effect. This Agreement,when executed,shall inure to the benefit of and be binding on the successors or assigns in interest or the legal representatives of the parties hereto, including all the purchasers and subsequent owners of any lots or parcels within the Property. This - 4 - Agreement constitutes the entire agreement of the parties and may be amended only in writing, approved in substantially the same manner as the Agreement itself. This Agreement is binding upon and shall run with the land. 19. Recordation of Agreement. This Agreement shall be recorded with the Clerk and Recorder of Weld County, Colorado, shall run with the land, and shall be binding upon and shall inure to the benefit of the heirs, successors, and permitted assigns of the parties hereto. 20. Effective Date. This Agreement shall be effective and binding upon the parties immediately upon execution. 21. Severability. It is understood and agreed by the parties hereto that if any part,term,or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the State of Colorado,the validity of the remaining portions or provisions shall not be affected,and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part,term, or provision held to be invalid. 22. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein,it is agreed that venue of such suit or action shall be in Weld County, Colorado. 23. Notice. All notice required under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified mail,return receipt requested,postage prepaid,to the addresses of the parties herein set forth. All notices so given shall be considered effective on the earlier of actual receipt or seventy-two (72)hours after deposit in the United States Mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. To the Town: Town Administrator 557 Ash Street Box 351 Hudson, Colorado 80642 To the Property Owner: Patrick and Christine Hamilton 2886 County Road 41 Hudson, CO 80642 24. Entire Agreement-Amendments. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written,between the parties hereto. This Agreement may be amended by written agreement between the Property Owner and the Town acting pursuant to Board of Trustees authorization. - 5 - IN WITNESS WHEREOF the parties have signed this Agreement as of the date set forth above. TOWN OF HUDSON, COLORADO By: Neal Pontius, Mayor Al l EST: Judy Larson,Town Clerk PROPERTY OWNER: By: ( z4% .' x Patrick Hamilton m I I Christine Hamilton STATE OF COLORADO ) ` ss. V COUNTY OF ) The foregoing instrument was subsc 'bed, sworn to, and acknowledged before me this day of U (,(ht , 200th;, by a-vitk Iknikn and ef1riS+inc }-\a, Mon . My commission expires: (SEAL) ,z:'_ � No blic - 6 - 8 m` G/ T; ''�%T auB)::" ATTACHMENT 3, ANNEXATION IMPACT REPORT LEGAL DESCRIPTION ANNEXATION MAP TO THE TOWN OF HUDSON, COLORADO PATRICK M. HAMILTON AND CHRISTINE L. HAMILTON, OWNERS LOT B OF RECORDED EXEMPTION NO. 1473-21-2-RE-2990, PART OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, TOGETHER WITH A PART OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., ALSO BEING A PORTION OF THE NORTH 30 FEET OF WELD COUNTY ROAD 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 21 TO BEAR NORTH 00°06'50" WEST BETWEEN ALIQUOT CORNERS AS DESCRIBED HEREON, WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID LOT B; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16 NORTH 00°06'50" WEST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 8, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONT SAID NORTHERLY RIGHT OF WAY LINE SOUTH 89°28'50" EAST, A DISTANCE OF 543.56 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE SOUTH 00°32'45" WEST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 82°55'00" EAST, A DISTANCE OF 822.59 FEET TO A POINT ON THE WESTERLY LINE OF A 25-FOOT WIDE UNION REA EASEMENT; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING (3) COURSES AND DISTANCES: 1) SOUTH 19°39'30" WEST, A DISTANCE OF 200.00 FEET; 2) SOUTH 70°20'30" EAST, A DISTANCE OF 5.00 FEET; 3) SOUTH 19°39'30" WEST A DISTANCE OF 651.39 FEET TO A NON-TANGENT CURVE TO THE RIGHT; THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID REA EASEMENT AND ALONG THE ARC OF SAID NON-TANGENT CURVE A DISTANCE OF 76.52 FEET, SAID CURVE HAVING A RADIUS OF 2791.80 FEET, A CENTRAL ANGLE OF 01°34'14" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 25`14'16" WEST A DISTANCE OF 76.52 FEET; THENCE DEPARTING SAID EASEMENT SOUTH 89°53'10" WEST, A DISTANCE OF 1042.65 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 21; THENCE ALONG SAID WEST LINE NORTH 00°06'50" WEST, A DISTANCE OF 1061.09 FEET TO THE POINT OF BEGINNING. 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