HomeMy WebLinkAbout20061304.tiff DON J . H O F F 102$ 9TH AVENUE, SUITE 309 • GREELEY, COLORADO 80631
ATTORNEY AT LAW TELEPHONE 970-356-6767 • TELECOPIER 970-353-7504
April 19, 2006
Board of County Commissioners of Weld County
915 10`h Street
Greeley, CO 80631
In re: Town of Keenesburg Sparrow Farms Annexation
Dear Board of County Commissioners,
Enclosed please find the following regarding annexation of certain property to the Town
of Keenesburg:
1. Petition for annexation with attached property description.
2. A proposed annexation map showing the proposed annexation and it's proximity
to the existing Town of Keenesburg.
3. A Resolution and Notice which are being published in the South Weld Sun.
4. The Annexation Impact Report with a map setting forth the information
required in the Impact Report.
Pursuant to the Notice a hearing to adopt the Ordinance annexing the property is
scheduled for the 15th day of May, 2006 at 7:00 p.m.
Sincerely,
Don J
DJH:bh
Encl.
B t t c rL Pt , 0, C it 2006-1304
05 -o -Cv
ANNEXATION PETITION
TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG,
COLORADO:
The undersigned, in accordance with Title 31, Article 12,
Chapters 101 et . seq. , Colorado Revised Statutes, hereby petition
the Board of Trustees of the Town of Keenesburg for annexation into
the Town of Keenesburg the territo e c ec ribed 17, ein and described
and shown on the map designated " )(dip' vJ s
Four (4) copies of said map are submitted herewith and by this
reference are incorporated herein. The description of the
territory hereby petitioned for annexation into the Town is set
forth in Exhibit "A" attached hereto and incorporated herein by
reference (Exhibit "A" must be an original printed proeprty
description on 8 1/2 X 11 white paper) .
In support of this petition, the petitioner (s) allege (s) that :
1 . It is desirable_and necessary that the above-described
territory be annexed to the Town of Keenesburg. -
2 . The requirements of Section 31-12-104 and 31-12-105 of
the Colorado Revised Statutes exist or have been met in that :
A. Not less than one-sixth 91/6) of the perimeter of the
area proposed to be annexed is contiguous with the Town of
Keenesburg.
B . A community of interest exists between the territory
proposed to be annexed and the Town of Keenesburg.
C. The territory sought to be annexed is urban or will be
urbanized in the near future .
D. The territory sought to be annexed is integrated or is
capable of being integrated with the Town of Keenesburg.
3 . In establishing the boundaries of the territory proposed
to be annexed, 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/have been divided
into separate parts or parcels of real estate without the written
consent of the land owner or land owners thereof, except and unless
where such tracts or parcels are already separated by a dedicated
street, road, or other public way.
4 . In establishing the boundaries of the territory proposed
to be annexed, 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 comprising twenty (20)
acres or more which, together with the buildings and improvements
situated thereon have an assessed valuation in excess of $200, 000
for ad valorem tax purposes for the year next preceding the filing
of the written petition for annexation, has/have been included
within the territory proposed to be annexed without the written
consent of the land owner or land owners .
5 . The territory proposed to be annexed dos not include any
area which is the same or substantially the same area in which an
election for an annexation to the Town of Keenesburg was held
within the twelve months preceding the filing of this petition.
6 . The territory proposed to be annexed does not include any
area included in another annexation proceeding involving a town
other than the Town of Keenesburg.
7 . The territory proposed to be annexed is not presently a
part of any incorporated town, town and county, or town.
8 . The property owned by each petitioner is described on
each separate signature sheet and, when needed, described more
fully in the exhibits attached hereto and incorporated herein by
reference . _
9 . The signer (s) of this petition comprises (s) more than
fifty percent (500) of the land owners and owning more than fifty
percent (50%) of the property, excluding public streets and alleys,
and any land owned by the annexing municipality, and are, in fact,
owners of one hundred percent (100%) of the property set forth in
Exhibit "A" attached hereto and incorporated herein by reference .
Accompanying this petition are the original and four copies of
an annexation plat map containing the following information:
A. A written legal description of the boundaries of the area
proposed to be annexed.
B . A map showing the boundary of the area proposed to be
annexed.
C. Within the annexation boundary map, an identification 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 . Also within the boundary map,
identification of any special districts the area proposed to be
annexed may be part of .
D. Next to the boundary of the area proposed to be annexed,
a drawing of the contiguous boundary of the annexing municipality
and the contiguous boundary of any other municipality abutting the
area proposed to be annexed.
E . A surveyor' s certificate prepared by a registered land
surveyor that attests to the preparation of the map and certifies
at least one-sixth (1/6) contiguity to the Town of Keenesburg.
F. Acceptance block describing the acceptance action of Town
of Keenesburg and providing for the effective date and Town Clerk
and Mayor attest signatures .
10 . Except as otherwise provided, no part of the territory
sought to be annexed is more than three miles from a point on the
municipal boundary, as such was established more than one year
before this annexation will become effective .
THEREFORE, the undersigned respectfully petition the Board of
Trustees of the Town of Keenesburg to annex the territory described
and refereed to in Exhibit "A" to the Town of Keenesburg in
accordance with and pursuant to the statutes of the State of
Colorado.
Land Owner (s) Name (s) and Signature (s) Mailing Address Date
15g 1/4c. AR V9 �/° OK (17.5
The foregoing signature /( ) /,was/were subscribed and sworn to
be e me t� j day of 7 - , 200} , , by
Witness my/hand and official seal .
My commission expires :
(It < �
otary Public
ft `
Y. ilia p � I
Arlene L.
vi
Clinkinbeard
1,1 hF .. ..�`OQQ.
"I"
RE-3792 LOT A
A TRACT OF LAND SITUATE IN THE NORTH HALF OF SECTION 25,
TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 6Th PRINCIPAL MERIDIAN,
WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 25, AS BEARING S 89°38'03"W AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 25;
THENCE ALONG THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 25, N 89°37'57"E, 738.86 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, N 00022'03"E, 93.89
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE AN
ARC DISTANCE OF 1358.72 FEET, WHOSE CENTRAL ANGLE IS 59°45'58",
WHOSE RADIUS IS 1302.56 WET AND WHOSE CHORD BEARS N 37°40'16"W,
1297.95 FEET; THENCE N 89038'03"W, 622.68 FEET; THENCE S 00005'50"W,
1116.10 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 25, THENCE S 89°38'03"E, 678.33 FEET TO THE
CENTER QUARTER CORNER OF SAID SECTION 25, THENCE S 89°38'03"E,
738.86 FEET TO THE TRUE POINT OF BEGINNING. SAID IRACT OF LAND
CONTAINING 23.506 ACRES,MORE OR LESS.
•
RE-3297 LOT C
A TRACT OF LAND SITUATE IN THE NORTH HALF OF SECTION 25,
TOWNSHIP 2 NORTH, RANGE 64 WEST OF THE 61E PRINCIPAL MERIDIAN,
WELD COUNTY, COLORADO,DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 25, AS BEARING S 89°38'03"W AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 25;
THENCE ALONG THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 25, N 89°37'57"E, 738.86 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE, N 00022'03"E, 93.89
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE AN
ARC DISTANCE OF 1358.72 FEET, WHOSE CENTRAL ANGLE IS 59°45'58",
WHOSE RADIUS IS 1302.56 FEET AND WHOSE CHORD BEARS N 37°40'16"W,
1297.95 FEET; THENCE N 89038'03'W, 622.68 FEET; THENCE N 00005'50"E,
1139.43 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE KEENE
SUB-LATERAL NO. 3, DESCRIBED IN BOOK 814 AT PAGE 157, APRIL 13, 1912
OF THE WELD COUNTY RECORDS; THENCE ALONG SAID SOUTHEASTERLY
LINE N 66°28'29"E, 954.35 FEET TO A POINT ON THE NORTHERLY LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE ALONG SAID
NORTHERLY LINE S 89°39'08"E, 1791.43 FEET; THENCE SOUTH 00°20'52"W,
219.91 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC
DISTANCE OF 679.78 FEET, WHOSE CENTRAL ANGLE IS 28°54'11", WHOSE
RADIUS IS 1347.56 FEET AND WHOSE CHORD BEARS S 41°3221"E, 672.59
FEET; THENCE S 89°42'18"E, 203.33 FEET TO THE EASTERLY LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 25, THENCE SOUTH 00°17'42"W,
1139.79 FEET; THENCE N 89°42'18"W, 156.71 TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG SAID CURVE AN ARC DISTANCE OF 825.38, WHOSE CENTRAL ANGLE
IS 37°05'37", WHOSE RADIUS IS 1347.56 FEET AND WHOSE CHORD BEARS S
40°32'26"W, 672.59 FEET; THENCE S 00°22'03"W, 161.65 FEET TO THE
SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25,
THENCE N 89°37'57"W, 1209.28 TO THE TRUE POINT OF BEGINNING. SAID
TRACT OF LAND CONTAINING 158.091 ACRES, MORE OR LESS.
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RESOLUTION NO.
A RESOLUTION FINDING THAT THE PETITION FOR
ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE
"SPARROW FARMS ANNEXATION" IS IN SUBSTANTIAL
COMPLIANCE WITH THE REQUIREMENTS OF 31-12-107(1) C.R.S.
AND ESTABLISHING A DATE FOR A PUBLIC HEARING BEFORE
THE BOARD OF TRUSTEES OF THE TOWN OF ICEENBESBURG,
COLORADO TO CONSIDER THE PROPOSED ANNEXATION
WHEREAS, the Board of Trustees received a petition for annexation of certain property
herein described and known as the"Sparrow Farms Annexation"; and,
WHEREAS, the Board of Trustees finds that the petition substantially complies with the
requirements 31-12-107(1) C.R.S. and Section 30 of Article II of the Colorado Constitution.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES
OF THE TOWN OF KEENESBURG, COLORADO:
Section 1. The Board of Trustees hereby accepts the petition for annexation of the
property described as the "Sparrow Farms Annexation".
Section 2. The Board of Trustees finds that the petition is in substantial compliance with
the requirements of 31-12-107(1) C.R.S. and Section 30, Article II of the Colorado Constitution.
Section 3. The property proposed to be annexed consists of the property described in the
attached property descriptions designated as Exhibit "A" and Exhibit "B" attached to this
Resolution and incorporated herein by reference.
Section 4. The Board of Trustees hereby determines that it will consider an Ordinance
annexing the property into the Town of Keenesburg at a meeting of the Board of Trustees on the
15"' day of May, 2006 at 7:00 p.m. at the Keenesburg Town Hall located at 140 S. Main
Street, Keenesburg, Colorado. At such hearing the Board of Trustees will accept public
comments and will determine whether the applicable requirements of 31-12-104 and 31-12-105
C.R.S. have been met, and determine whether the area should be annexed to the Town.
PASSED, ADOPTED AND APPROVED this 20th day of March, 2006.
TOWN OF KEENESBURG
BY:
MAYOR
ATTEST:
TOWN CLERK
NOTICE
PLEASE TAKE NOTICE that the Board of Trustees of the Town of Keenesburg has
adopted a Resolution initiating annexation proceedings for the "Sparrow Farms Annexation"
annexing to the Town of Keenesburg a parcel of property located in the North '/2 of Section 25,
Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, which annexation is
more fully described in the Resolution which accompanies this notice.
A public hearing will be held on the 151h day of May, 2006 at 7:00 p.m. at the
Keenesburg Town Hall located at 140 S. Main, Keenesburg, Colorado wherein interested
persons may comment on the annexation and for the purpose of finding and determining whether
the property proposed to be annexed meets the applicable requirements of Colorado law and to
determine whether the property should be annexed to the Town of Keenesburg.
TOWN OF KEENESBURG
BY:
TOWN CLERK
IMPACT REPORT OF THE SPARROW FARMS ANNEXATION
TO THE TOWN OF KEENESBURG, COLORADO
The proposed annexation is known as the Sparrow Farms Annexation to the Town of
Keenesburg and involves the annexation of a parcel of property in excess of 10 acres lying in the
North Yz of Section 25, Township 2 North, Range 64 West of the 6th P.M., Weld County,
Colorado, consisting of one hundred and seventy nine (179) acres.
The following information is provided with this report:
A. An annexation map showing the annexation's proximity to the Town of Keenesburg.
B. Map showing the present and proposed boundaries of the municipality and the
vicinity of the proposed annexation.
C. The vicinity map shows the property lies south of Weld County Road 18 and north of
Weld County Road 16 '/2, neither of which are proposed to be annexed with this property. No
streets exist on the property and no municipal utilities exist on the property or are connected to
the property. The Owner has proposed that the property be annexed and be zoned residential.
D. No draft annexation agreement is available. The local school district was advised of
this proposed annexation in January of 2006.
E. All municipal services currently provided to residents of the Town of Keenesburg
will be extended to the territory proposed to be annexed when development occurs.
F. Water service will be provided by the Town of Keenesburg. Sewer extensions, streets
and other infrastructure improvements will be built by the owner or developer at the time of
development. It is anticipated that the developer will construct the infrastructure improvements.
G. No statement on the effect of the annexation upon the local public school district has
been received and no estimate of the number of students generated has been provided, and
therefore no estimate as to capital construction required by the local school district is available.
The local school district will be advised of this annexation.
H. The districts which exercise control or have tax authority over the subject property
are as follows:
1. Weld County
2. Aims Community College
3. School District RE-3J
4. Southeast Weld Fire Protection District
5. Central Colorado Water Conservancy District
6. Central Weld County Water District
7. Weld Library District
DATED: April 13, 2006 TOWN OF KEENESBURG, COLORADO
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