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Home My WebLink About20062643.tiff dI PETITION FOR ANNEXATION TO THE TOWN OF SEVERANCE, COLORADO The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. Seq., Colorado Revised Statutes, hereby petition the Mayor and Trustees of the Town of Severance, Colorado, for annexation to the Town of Severance the unincorporated territory described herein and described and shown on the map designated as "The Overlook". 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 property description on 8-1/2 x 11 inch 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 Severance, Colorado. 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 (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Severance; b) A community of interest exists between the territory proposed to be annexed and the Town of Severance; c) The territory proposed to be annexed is urban or will be urbanized in the near future; d) The territory proposed to be annexed is integrated or is capable of being integrated with the Town of Severance, Colorado. 3) The signatures of the Petition comprise one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agree that the conditions herein contained will negate the necessity of any annexation election. 4) No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels or real estate: (a) Is divided into separate parts or parcel without the written consent of the landowner or landowners thereof, except and unless such tracts or parcels are separated by a dedicated street, road or other public way; (b) Comprising twenty (20) 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 preceding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 5) Except as otherwise provided, no part of the area proposed 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. C:\Documents and Settings\Betty\Local Settings\Temporary Internet Files\OLK98\13 Annexation Petition 08 31 't 06.doc rn 2006-2643 ar- l8 - 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 Severance. 7) The territory to be annexed is not presently a part of any incorporated municipality, town and county, or town. 8) Petitioner represents that no part of the property to be annexed is included within any site specific development plan approved by Weld County, Colorado. 9) The territory proposed to be annexed does not include any area that is the same or substantially the same area in which an election for an annexation to the Town of Severance was held within the twelve months preceding the filing of this petition. 10) The area proposed to be annexed comprises more than ten acres and an impact report as provided for in Section 31-12-105.5, CRS will be required. 11) The area to be annexed is located within Weld County, and within the boundaries of Weld County School District RE4 NCW Water NWC Water Windsor Severance Fire AIMS Junior College Windsor Library West Greeley Conservation 12) The mailing address of each signer, the legal description of the land owned by each signer and the date of each signature are all shown on this Petition. 13) Accompanying this Petition are the original and all required copies of the annexation map containing the information required under the Annexation Map Checklist within the Town of Severance Annexation Petition submittal requirements. 14) A Concept Master Plan and supporting documents as required under the Concept Master Plan Checklist within the Town of Severance Annexation Petition submittal requirements. THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Severance to annex the territory described and referenced in Exhibit "A" to the Town of Severance in accordance with and pursuant to the statutes of the State of Colorado. Land Owners Names and Signatures Mailing Address Date Tailholt III, LLC 3030 S. College Ave By: Capital Managers, LLC Fort Collins, CO 80525 8/31/06 Stanley K Everitt as Manager The foregoing signatures were subscribed and sworn to before me this day of August, 2006, by Tailholt III, LLC, by Capital Managers, LLC, Stanley K. Everitt as Manager. Witness my hand and official seal My commission expires: May 20, 2009 Notary Public C:\Documents and Settings\Betty\local Settings\Temporary Internet Files\OLK98\13 Annexation Petition 08 31 06.doc EXHIBIT A ZONING DESCRIPTION OVERLOOK ANNEXATION AUGUST 31,2006 PROPERTY DESCRIPTION (MU—C ZONING) A parcel of land located In the Northwest Quarter (NW1/4) of Section Twelve (12), Township Six North (T.6N.), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld. State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter Corner (WI/4) of said Section 12 and assuming the West line of said NWI/4 to bear North 0018'29" West with all bearings here in relative thereto: THENCE North 89'56'04" East along the South line of said NWi/4, a distance of 30.00 feet to the Easterly Right—of—Way (ROW) of Weld County Road #23; THENCE North 0018'29" West along said Easterly ROW, a distance of 1126.77 feet to the POINT OF BEGINNING; THENCE North 00'18'29" West continuing along said Easterly ROW, a distance of 1481.21 feet to the Southerly ROW fine of Weld County Road #72; THENCE North 89'49'32" East along said Southerly ROW, a distance of 730.00 feet; THENCE South 0018'29' East, a distance of 1479.51 feet THENCE South 89'41'31" West, a distance of 730.00 feet to a point on the Easterly ROW of sold Weld County Road #23 and to the POINT OF BEGINNING. Said parcel contains 24.809 acres more or less (t). PROPERTY DESCRIPTION (MU—R ZONING) A parcel of land located in the Northwest Quarter (NW1/4) of Section Twelve (12), Township Six North (T.6N.), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter Corner (WI/4) of said Section 12 and assuming the West line of said NWI/4 to bear North 0018'29" West with all bearings here in relative thereto: THENCE North 89'56'04" East along the South Ilne of said NW1/4, a distance of 30.00 feet to the Easterly Right—of—Way (ROW) of Weld County Rood X23 and to the POINT OF BEGINNING; THENCE North 0018'29" West along sold Easterly ROW, a distance of 1126.77 feet; THENCE North 89'41'31 East, a distance of 730.00 feet; THENCE North 0D18'29" West. a distance of 1479.51 feet to a point on the Southerly ROW of Weld County Road 172; THENCE North 89'49'32" East along sold Southerly ROW, a distance of 2107.51 feet to the West line of Lot A, Recorded Exemption No. 0807-12-2—RE 1571 as recorded in Weld County Records under Reception No. 2382019; The following Two (2) courses are along the Westerly lines of said Lot A: THENCE South 0010'28" East, a distance of 13.94 feet; THENCE South 43'06'47" East, a distance of 734.26 feet to the East line of said NWI/4; THENCE South 0011'35" East along said line, a distance of 2061.44 feet to the South line of said NW1/4; THENCE South 89'56'04" West along said line a distance of 2602.29 feet to the POINT OF BEGINNING. Sold parcel contains 128.051 acres more or less (±). EXHIBIT A ZONING DESCRIPTION OVERLOOK ANNEXATION AUGUST 31,2006 PROPERTY DESCRIPTION (MU—C ZONING) A parcel of land located in the Northwest Quarter (NWI/4) of Section Twelve (12), Township Six North (T.6N.), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING of the West Quarter Corner (W1/4) of said Section 12 and assuming the West line of said NWI/4 to bear North 0018'29" West with all bearings here In relative thereto: THENCE North 89'56'04" East along the South line of sold NWI/4, a distance of 30.00 feet to the Easterly Right—of—Way (ROW) of Weld County Rood #23; THENCE North 0018'29" West along said Easterly ROW, a distance of 1126.77 feet to the POINT OF BEGINNING; THENCE North 0018'29" West continuing along said Easterly ROW. a distance of 1481.21 feet to the Southerly ROW line of Weld County Rood #72; THENCE North 89'49'32' East along said Southerly ROW. a distance of 730.00 feet; THENCE South 0018'29" East, a distance of 1479.51 feet; THENCE South 89'41'31" West, a distance of 730.00 feet to a point on the Easterly ROW of said Weld County Road #23 and to the POINT OF BEGINNING. Said parcel contains 24.809 acres more or less (t). PROPERTY DESCRIPTION (MU—R ZONING) A parcel of land located in the Northwest Quarter (NWI/4) of Section Twelve (12), Township Six North (T.6N.), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.). County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter Corner (W1/4) of sold Section 12 and assuming the West line of said NWI/4 to bear North 00'18'29" West with all bearings here in relative thereto: THENCE North 89'56'04" East along the South line of said NW1/4, a distance of 30.00 feet to the Easterly Right—of—Way (ROW) of Weld County Road #23 and to the POINT OF BEGINNING; THENCE North 0018'29" West along said Easterly ROW, a distance of 1126.77 feet; THENCE North 89'41'31" East, a distance of 730.00 feet; THENCE North 0018'29" West, a distance of 1479.51 feet to a point on the Southerly ROW of Weld County Road #72; THENCE North 89'49'3Z' East along said Southerly ROW, a distance of 2107.51 feet to the West line of Lot A, Recorded Exemption No. 0807-12-2—RE 1571 as recorded in Weld County Records under Reception No. 2382019; The following Two (2) courses are along the Westerly lines of sold Lot A: THENCE South 0010'28" East, a distance of 13.94 feet; THENCE South 43'06'47" East, a distance of 734.28 feet to the East line of said NW1/4; THENCE South 0011'35" East along said line, a distance of 2061.44 feet to the South One of said NW1/4; THENCE South 89'56'04" West along said line a distance of 2602.29 feet to the POINT OF BEGINNING. Sold parcel contains 128.051 acres more or less (±). TOWN OF SEVERANCE RESOLUTION NO. 2006-06R A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF PROPERTY KNOWN AS THE OVERLOOK IS IN SUBSTANTIAL COMPLIANCE WITH C.R.S. 31-12-107(1) AND SETTING A DATE FOR A HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE TO CONSIDER ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED. WHEREAS, the owners of 1000/a of the property known as The Overlook Annexation have filed a Petition for Annexation of the hereinafter described property to the Town of Severance, and; WHEREAS, the Board of Trustees has determined that the Petition is in substantial compliance with C.R.S. 31-12-107(1) and that a hearing on such annexation should be scheduled as provided by Colorado law. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO AS FOLLOWS: Section 1. The Board of Trustees hereby accepts the above described petition for annexation and finds and determines that the petition for annexation of the property described as The Overlook Annexation and as described in Exhibit "A" attached hereto is in substantial compliance with the requirements of C.R.S. 31-12-107(1) and Section 30 of Article II of the Colorado Constitution and desires to initiate annexation proceedings in accordance with law. Section 2. The Board of Trustees will conduct a public hearing on the 18th day of October, at the hour of 6:00 p.m. or as soon after as possible at the Town Hall, Town of Severance, 231 West Fourth Avenue, Severance, Weld County, Colorado for the purpose of determining whether the area proposed to be annexed meets the applicable requirements of C.R.S. 31-12-104 and 105,and to determine whether the area should be annexed to the Town of Severance. Section 3. The Town Clerk is hereby directed to publish notice of this hearing once each week for four weeks in the Greeley Tribune, the designated newspaper for the Town of Severance. 0* On ` ADOPTED AND APPROVED THIS 6th day of September, 2006. /2 "Sot�O. G TOWN VERANCE, COLORADO O3 (j BY: Pierre DeMilt,Mayor ;A® a J. Lesh,Town Clerk Cl tl I e:i Q- TOWN OF SEVERANCE PLANNING ANNEXATION IMPACT REPORT THE OVERLOOK ANNEXATION Attached documentation referenced as Simonsen Annexation and Simonsen South Annexation should be interpreted as being The Overlook Annexation. The proposed annexation is known as The Overlook Annexation and involves the annexation of approximately 153 acres in the Northwest Quarter(NW ' ) of Section 12, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, as set forth in the property description attached hereto. The following information is provided with this report: A. The annexation map showing the property to be contiguous to 1st Street, which runs along the property's western boundary and Tinsman Avenue, which runs along the northern boundary, and the Kegerreis 5th Annexation, adjoining the eastern edge. B. A map showing proposed streets and a vicinity map showing the proposed annexation's proximity to the existing Town of Severance. C. Water Service will be provided by the North Weld County Water District. Sewer service will be provided by the Town of Severance wastewater treatment system. Proposed under the concept plan are 275 single-family residential units, 150 patio home or multi-family units, and 24.35 acres of commercial property including 40 lofts. Completion of the Town's interceptor line to Windsor's Regional Plant will be required prior to development of the property. D. Subsequent to annexation, the area will receive such other services as are normally provided to residents of the Town of Severance. E. No pre-annexation agreement exists and no annexation agreement is available at the time of this report. F. The property owners will construct all water and sewer extensions, streets, and such other infrastructure improvements as may be required, and no financing of such improvements will be done by the Town of Severance. G. The districts which exercise control over the property to be annexed include: 1. Aims Community College 2. Windsor-Severance Fire Protection District 3. Weld County School District RE-4 4. Windsor-Severance Library District 5. North Weld County Water District 6. Northern Colorado Water Conservancy District 7. West Greeley Soil Conservation District H. Conferences have been held with Weld County School District RE-4 concerning this annexation and pending development. The District will have opportunity to re-review this annexation through the referral process. At this time, the District has requested AuGusr 31, 2006 1-2 TOWN OF SEVERANCE PLANNING reference to comments made, dated July 7, 2002, for the Simonsen Annexation, which referenced the District's comments of January 8, 2001 for an earlier submittal stating a request for Fee-in-lieu per residential unit at the time a permit is requested per agreement with the Town. I. A traffic study will be required with preliminary plat. In accordance with the Town's regulations, petitioner and assigns will be responsible for maintenance and required improvements to adjacent arterials from annexation until Town accepts improvements and maintenance responsibilities. J. At full build-out, this project is anticipated to add 1,255 residents 215,000 square feet of commercial space. K. The project is to be part of the future inclusion area of the pending Tailholt Metropolitan District and the Severance Parks and Recreation District. 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