HomeMy WebLinkAbout20022806.tiff Town of Lochbuie
County of Weld
State of Colorado
Resolution 24-2002
A RESOLUTION ACKNOWLEDGING RECEIPT OF A PETITION FOR
ANNEXATION OF A PARCEL OF LAND KNOWN AS THE HENKEL
PROPERTY AND ADOPTING ITS FINDINGS REGARDING SAID PROPERTY
AND SETTING A DATE FOR PUBLIC HEARING FOR SUCH ANNEXATION.
Whereas, a Petition for Annexation of certain property (herein"Petition")has filed with
the Board of Trustees of the Town of Lochbuie;and
Whereas,the Board of Trustees has reviewed the Petition; and
Whereas, the Board of Trustees wishes to permit the consideration of the subject
property for annexation;and
Whereas, the Board of Trustees has reviewed the Petition and desires to adopt by
Resolution its findings with regard to the petition.
NOW THEREFORE, BE TT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF I OCRRITIP, COLORADO,AS FOLLOWS:
1. The legal description of the property sought to be annexed to the Town o£
Lochbuie is attached hereto as Exhibit A and incorporated herein by
tcfcsence.
2. The Petition for Annexation, the subject of which is the property described
in Exhibit A, is in substantial compliance with C.R.S. 31-12-107 (1).
3. The Hoard of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with C.R.S. 31-12-105.
The Public Hearing will be conducted at Lochbuie Town Hall, 152
Poplar Street, Lucbbuie, Colorado, 80603 at the following time and
date: September 12, 2002. 7;00 p.m.
4. Any person way appear at such hearing and present evidence relative rn
the proposed annexation.
S. Upon completion of the hearing, the Board of Trustees shall set forth by
restitution its findings and conclusions with reference to the eligibility of
the property described in Exhibit A for annexation and whether the
statutory requirements for the proposed annexation have been met.
2002-2806
Received 00-2t-2002 08:22 From- 1 To-OTTEN JOHNSON ROBINS Pare 002
6. If the Board of Trustees concludes, be resolution, that all the statutory
requirements have been met and that the proposed annexation is proper
under the laws of the State of Colorado, the Board of Trustees may pass
one or more ordinances annexing the subject property to the Town of
Lochbuie.
7. The decision of the Board of Trustees to annex subject property will be
entirely within the discretion of the Board of Trustees. The adoption of
this Resolution does not commit Lochbuie to annex the property described
in Exhibit A, but rather initiates the procedure that will provide the basis
for evaluation of the proposed annexation.
8. The decision of the Board of Trustees to annex subject property shall be
subject to the preparation, execution and delivery to the Town of an
annexation agreement containing the terms and conditions as are required
by the town in its sole and absolute discretion.
Read,moved, seconded and approved this 6th day of August 2002.
Town ofT.nchhuie
(SEAL) Jerry Mc Kim, Mayor
Attest:
Darie K. Dockins, Town Clerk
Received 08-24-2002 08:22 From- To-OTTEN JOHNSON ROBINS Page 002
EXHMET A
TO PETITION FOR ANNEXATION
Legal Description of Property
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDAN,
COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT TT-W SOUTH QUARTER CORNER OF SAID SECTION 30, WHENCE
THE SOUTHEAST CORNER THEREOF BEARS N89'46'59't; THENCE N00'22'26"E,
ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30, A
DISTANCE OF 30.00 FEET TO THE POINT OF ISEUINNING, THENCE CONTINUING
ALONG THE AFOREMEN HONED COURSE, A DISTANCE OF 2618.71 FEET TO THE
I:ENI'ER OF SAID SECTION 30' THENCE N89'40'20"E, ALONG TIIE NORTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 30, A DISTANCE OF 2586.95 FEET TO
A POINT BEING 30 FEET WEST OF THE EAST TINE OF THE SOUTHEAST QUARTER
OF SAD) SECTION 10; THENCE SO0'44'30W,ALONG A LINE BEING 30 FEET WEST OF
ANI)PARALLEL WITH SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION
30,A DISTANCE OF 1346.86 FEET; THENCE S89'15'30"E,A DISTANCE OF 1.45 FEET TO
A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 76; THENCE
ALONG SAIl)NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING SIX(6)COURSES;
I. S00'44'30"W, ALONG A LINE BEING 28.55 FELT WEST OF AND PARALLEL
WITH SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTTON 30, A
DISTANCE OF 427.40 FEET;
2. 537'25'30"W,A DISTANCE OF 90.50 FEET;
3. S62'04'52"W, A DISTANCE OF 798.36 FEET,
4. 554'19'20"W,A DISTANCE OF 608.10 FEET,
5. S81'37'55"W,A DISTANCE OF 353.41 FEET;
6. S00'11'45"E, A DISTANCE OF 3.84 FEET TO A POINT BEING 30.00 FEET
NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 30'
THENCE 589'46'59"W, ALONG A LINE BEING 30 FF.FT NORTH OF AND PARALLEL
WITFI SAID SOUTH TINE. OF THE SOUTHEAST QUARTER OF SECTION 30, A
DISTANCE OF 61.36 FEET; THENCE N16'58'59"E, A DISTANCE OF 68.60 FEET;
THENCE S89'46'59"W, A DISTANCE OF 435.60 FEET; THENCE S16'58''9"W, A
DISTANCE OF 68.60 FEET TO A PUINI .BEING 30 FEET NORTH OF SAID SOUTH LINE
OF THE SOUTHEAST QUARTER OF SECTION 30; THENCE 589'46'59"W, ALONG A
LINE BEING 30 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 30, A DISTANCE OF 481.49 FEET TO THE POINT
OF BEGINNING.
CONTAINING 6,149.828 SQUARE FEET OR 141.1806 ACRES MORE OR LESS.
•
Received 08-24-2002 08:22 From- To-OTTEN JOHNSON ROBINS Page 004
TOWN OF LOCUBUTE
BOARD OF TRUSTEES
COUNTY OF'WET.1)
STATE OF COLORADO
BESOT LITTON NO. 29-2002
Amending Resolution 24-2002
September 19, 2002
WHEREAS, a Petition for Annexation of certain property(herein"Petition")has been filed
with the Board of Trustees of the Town of Lochbuie; and
WHEREAS, the Board of Trustees has reviewed the Petition; and
WHEREAS,the Board of Trustees wishes to permit the consideration ofthe subject property
for annexation;
WHEREAS,the Board of Trustees reviewed the Petition and adopted by Resolution No.24-
2002 its findings with regard to the Petition; and
WHEREAS, the Board of Trustees desires to amend certain matters relating to Resolution
No.24-2002.
NOW, THEREFORE, be it resolved by the Board of Trustees of the Town of
Lochbuie, Colorado as follows:
1. Paragraph 3 of Resolution No. 24-2002 is hereby amended in its entirety, and as so
amended, reads as follows:
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 C.R.S. § 31-12-105. The public hearing will be conducted at the
Luchbule Town Hall, 0152 Poplar Street, Lochbuie,Colorado 80603, at the
following time and date:
Wednesday,November 6,2002, at 7:00 p.m.
2. The effective date ofResolutionNo.24-2002,as amended by thisResohrtion,shall be
the date set forth below.
3. Unless otherwise modified herein, Resolution Nn_24-2002 remains in full force and
effect, and is hereby ratified and incnrpnrated herein by this reference.
AIRESOLUTION S.2002L1]DOC
Received 00-24-2002 00:22 From— To—OTTEN JOHNSON ROBINS Page 006
READ,MOVED,SECONDED AND APPROVED this 19h day of September,2002.
TOWN OF LOCHBUIE
By:
Jerry McKim,Mayor
ATTEST:
By:
Mari Sanchez,Deputy Town Clerk
rooatsaaunorr 2wooga)D0C
Received 09-24-2002 08:22 From- To-OTTEN JOHNSON ROBINS Pate 006
PETITION FOR ANNEXATION
TO THE BOARD OF THE TOWN OF LOCHBDTE, COLORADO:
The undersigned (collectively, "Petitioners"), in accordance with the Municipal
Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as
amended and as in effect on the submission date set forth below ("Annexation Act"), hereby
petition ("Petition") the Board of the Town of Lochbuie, Colorado ("Town Board"), to annex to
the Town of Lochbuie ("City") the unincorporated territory located in the County of Weld, State
of Colorado, which property is more particularly described in Exhibit A attached hereto and
incorporated herein by reference("Property"). In support of this Petition, Petitioners allege that:
1. It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections -104 and—105 of the Annexation Act exist or have
been met.
3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with
the Town's current municipal boundaries.
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. The Petitioners comprise more than fifty percent (50%) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets, and
alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to
the establishment of the boundaries of the Property as shown on the annexation plat submitted
herewith.
8. The Petitioners comprise the owners of one hundred percent (100%) of the
Property within the meaning of Section -107(1)(g) of the Annexation Act.
9. The Property is not presently a part of any incorporated city, city and county, or
town; nor have any proceedings been commenced for incorporation or annexation of an area that
is part or all of the Property; nor has any election for annexation of the Property or substantially
the same territory to the Town been held within the twelve (12) months immediately preceding
the filing of this Petition.
10. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
11. Except to the extent necessary to avoid dividing parcels within the Property held
in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit,
C:\Mr Documents\Bell SHeotelUnrexwon Pcsi onl.DOC
the proposed annexation will not extend the municipal boundary of the Town more than three (3)
miles in any direction from any point of the current municipal boundary.
12. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley
which has been annexed by the Town but is not bounded on both sides by the Town.
13. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the written consent
of the landowner or landowners thereof unless such tracts or parcels are separated by a
dedicated street,road or other public way; or
(b) comprising twenty (20) acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in excess of$200,000.00
for ad valorem tax purposes for the year next preceding the proposed annexation, is
included in the Property without the written consent of the landowner or landowners.
14. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
15. The legal description of the land owned by the Petitioners is set forth underneath
the name of each such Petitioner on Exhibit B, attached hereto and incorporated herein by this
reference. As more particularly described on Exhibit B, the land owned by Petitioners constitutes
one hundred percent (100%) of the Property within the meaning of Section -107(1)(g) of the
Annexation Act.
16. The affidavit of the circulator of this Petition certifying that each signature on this
Petition is the signature of the person whose name it purports to be and certifying the accuracy of
the date of such signature is attached hereto as Exhibit C and is incorporated herein by this
reference.
17. This Petition is accompanied by four prints of an annexation map containing,
among other things, the following information:
(a) A written legal description of the boundaries of the Property;
(b) A map showing the boundary of the Property;
(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; and
(d) Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
2
C:Vdy Doa menu5\BeE S ienkelUnrcxa,ion Pehtonl.DOC
18. In connection with the processing of this Petition, the Petitioners request that the
Town:
(a) Institute zoning and subdivision approval processes for the Property in
accordance with Section 115 of the Annexation Act and Town of Lochbuie Subdivision
Regulations; and
(b) Approve and execute an annexation and development agreement
("Annexation and Development Agreement") which establishes vested property rights for
the Property for an agreed upon term greater than three years pursuant to Article 68, Title
24, Colorado Revised Statutes, and otherwise establishes the development plan for the
Property.
19. Petitioners have filed this Petition subject to the following conditions:
(a) Concurrently with its approval of annexation of the Property, the Town
Board : (i) approves for those portions of the Property which are not public right-of-way
zoning and subdivision which is substantially consistent with the applications for zoning
and subdivision which Petitioners submit in connection with this Petition; and (ii)
approves and authorizes execution of the Annexation and Development Agreement.
(b) Petitioners hereby reserve the sole, exclusive and unilateral right to
withdraw this Petition by so notifying the Town Clerk in writing at any point prior to the
later to occur of: (i) forty (40) days after the latest effective date of the fmal ordinance(s)
approving annexation of the Property, the Annexation and Development Agreement, or
zoning of the Property as requested pursuant to this Petition; or (ii) any later date
contemplated in such Annexation and Development Agreement.
(c) Prior to expiration of the period described in the foregoing subparagraph
(b) without Petitioners having withdrawn the Petition, neither Petitioners nor the City
shall cause or permit the occurrence of the conditions to effectiveness of the annexation
as set forth in Section-113(2)(b) of the Annexation Act.
20. Upon the annexation of the Property becoming effective, and subject to the
conditions set forth in this Petition and to be set forth in the Annexation and Development
Agreement, the Property shall become subject to all ordinances, resolutions, rules and
regulations of the Town, except as otherwise set forth in the Annexation and Development
Agreement, and except for general property taxes of the Town, which shall become effective on
January 1 of the next succeeding year following adoption of the annexation ordinance.
21. This Petition is filed on the condition that, concurrently with its approval of
annexation of the Property, (i) the Town Board approve zoning and subdivision of the Property
that is substantially consistent with the applications for zoning and subdivision approvals which
making of this Petition's
will submit following the Town ii]atulle the required finding . �uu�u S
substantial compliance with the requirements of the Annexation Act, and (ii) the Town Board
approve and authorize execution of the Annexation and Development Agreement.
3
C:USv Documeou\Be➢SHenkd\Arveusioe Pedtovl.DOC
22. Except for the terms and conditions of this Petition and of the Annexation and
Development Agreement, which terms and conditions Petitioners expressly approve and
therefore do not constitute an imposition of additional terms and conditions within the meaning
of Section -107(l)(g) of the Annexation Act, Petitioners request that no additional terms and
conditions be imposed upon annexation of the Property to the Town.
THEREFORE, Petitioners request that the Board of the Town of Lochbuie, Colorado,
complete and approve the annexation of the Property pursuant to the provisions of the Municipal
Annexation Act of 1965, as amended.
Respectfully submitted this s3 6 day of June,2002.
Signatures of Landowners/Petitioners:
Amelia Henkel Martin, an individual
By:Cr CU e�UQp �1
Amelia Henkel Martin /
Date of Signature: L.t2_, W Jr, a0v.—
Mailing Address: 181 9 WCR 4
Brighton, CO 80601
Resident of the Property? YES
Remainder of Page Intentionally Left Blank
4
c.a.Mvsn.=edDoa\eo .000 PeiieonLDOC
Signatures of Landowners/Petitioners (Con't):
Wayne He an individual
By:
Wayne Henkel
Date of Signature: , ]ki57?...-
Mailing Address: 413 174th Place NE
Bellevue, WA 98008
Resident of the Property? NO
Remainder of Page Intentionally Left Blank
5
c:MySSSRm«:t.nnnexnnon?eeuonl.DDc
Signatures of Landowners/Petitioners (Con't):
Kathleen Henkel Jackson, an individual
Ka een Henkel Jackson
Date of Signature: 6, -as-O2
Mailing Address: 12510 NE 117t°PL Unit B5
Kirkland, WA 98034
Resident of the Property? NO
Remainder of Page Intentionally Left Blank
6
C:UA V S hmtdDacs Annexaion PetiYonI.DOC
•
EREITEIT A •
TO PETITION FOR ANNEXATION
Legal Description o£Property
•
• A PARCEL OF LAND LOCATED- IN THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, -
COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 30, WHENCE
THE SOUTHEAST CORNER THEREOF BEARS N89'46'59'E' THENCE •
NO0'22'26t, ALONG THE WEST UNE OF THE SOUTHEAST QUARTER OF•SAID
SECTION- 30, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG T F OREIMMEVROWED COURSE, A DISTANCE OF
- 2678.71 FEET TO THE CENTER•OF SAID .SECTION 30; THENCE'
N89'40'20"E ALONG THE NORTH LINE :OF THE SOUTHEAST QUARTER OF
• .- SAID.SECTION 30, A .DISTANCE OE:0586.25..Farr TO A POINT BEING 30
FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID •
-
• " - SECTION-30; THENCE.500'44'30"W, ALONG A' LINE BEING 30 FEET WEST -
OF AND PARALLEL WITH SAID EAST LINE. OF THE SOUTHEAST QUARTER Of
SECTION 30. A DISTANCE OF 1346.866 FEE., THENCE 589'15.30"E A
DISTANCE OF 1.45 FEET TO A POINT ON'THE NORTHERLY RIGHT-OF-WAY
LINE OF INTERSTATE 76; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY
•
LINE THE FOLLOWING .SIX (6) COURSES
1. SOO-44'30"W, ALONG A LINE BEING 28.55 FEET WEST OF AND •
PARALLr2 WITH SAID EAST LINE OF THE SOUTHEAST QUARTER OF '
-SECTION 30, A DISTANCE OF 427.40 FEET
2. 53725'30"W, A DISTANCE OF 90.50 FEET; .
3. 562'04'52'W, A DISTANCE OF 798.36 FEEE,,' •
• 4. 554"7920X, A DISTANCE OF 608.10 FEET,' '
5. 56137'55'X A DISTANCE OF 35347 FEET;
6. SQ0'11'45"E, A DISTANCE -OF 3,84. FEET TO A POINT BEING 30.00
FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID •
SECTION 30; . . •
THENCE.S89'46'59'W, ALONG A' LINE S BEING 30 FEET NORTH OF'AND
PARALLEL WITH SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION
30, A DISTANCE OF 61.36 FEET; THENCE N1 6-38'59-E, A DISTANCE OF
68.60 FEET; THENCE 589'46'59'W, A DISTANCE OF 435.60 FEET,' THENCE
576'5859"W,' A DISTANCE OF 58.60 FEET TO A POINT BEING 30 FEET
NORTH OF SAID SOUTH LINE OF THE SOUTHEAST QUARTER.OF SECTION 30;
THENCE 589'4559"W, ALONG A LINE BEING 30 FEET NORTH OF AND
PARALLEL WITH SAID SOUTH.LINE OF THE SOUTHEAST QUARTER OF SECTION •
30, A DISTANCE OF 481.49 FEET TO THE POINT OF BEGINNING.
CONTAINING 6,749,828 SQUARE FEET OR 141.7806 ACRES MORE OR LESS.
•
•
7 .
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Each Petitioner
• Amelia Henkel Martin, an individual
.583% of the property described on Exhibit A
• Wayne Henkel, an individual
.25% of the property described on Exhibit A
• Kathleen Henkel Jackson, an individual
.167% of the property described in Exhibit A
8
EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Lochbuie, Colorado, consisting of eleven (11) pages, including this page, and that the
signatures of the petitioners thereon were witnessed by the circulator and are the true and
original signatures of the persons whose names they purport to be, and that the dates of such
signatures are correct.
71-1 z1Z-L-
Circulator
STATE OF Coi oracj() )
ss.
COUNTY OF Adb.,v.S )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
thisall,� `day of June, 2002, by El me r 1-1 . (nG
Witness my hand and official seal.
My commission expires:
No ub ' d :"........,,
0•
• JODY L
KAMM D
..'�9QFCpI.�QPv
bry Comaissios Expires Fab.1,2001
9
EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Lochbuie, Colorado, consisting of eleven (11) pages, including this page, and that the
signatures of the petitioners thereon were witnessed by the circulator and are the true and
original signatures of the persons whose names they purport to be, and that the dates of such
signatures are correct.
e'er
Circulator
STATE OF (0 M1EI
4 i
) ss.
COUNTY OF �4 5 )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
this 3`3 day of Tune;2002,by SI h YO..14‘c4
J w`y
Witness my handdantfffiFial seal.
— %%
My coauni i es tilt.. O4-O3
F.; U:o NOTARY prn. n,/i l a 14-(13_16.,1/4_,)
PUBLIC • / Notary Public
(5'.\'• ' 03 . S
I1% OF WASH\� �
10
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EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Lochbuie, Colorado, consisting of eleven (11) pages, including this page, and that the
signatures of the petitioners thereon were witnessed by the circulator and are the true and
original signatures of the persons whose names they purport to be, and that the dates of such
signatures are correct.
MILAALtt
Circulator
STATE OF i )
) ss.
COUNTY OF L� )
The foregoiAFFIDAVIT-1O1F CIRCULATOR was subscribed and sworn to before me
this ZS'g day of June, 2002, by ( VI 114-e vv i t- - .
Witness my hand and official seal.
My commission expires: Dikre)
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11
TOWN OF LOCSBUIE OF PUB7,IC WEARING OF A PETTITON FOR
ANNEXATION OF I AND KNOWN AS THE HENKEL PROPERTY
To an Persons Interested:
PLEASE TAKE NOTICE,that the Board of Trustees of the Town of Lochbuie has
adopted Resolutions initiating atnexation proceedings for the annexation of
approximately 141.1806 acres. Said property being more particularly described in.said
Resolution,a copy of which precedes this notice.
Notice:
That on Wednesday,November 6,2002 commencing at 7:00 p.m., or as soon thereafter r
as the matter may come on for hearing at the Lochbuic Town I lalt, 152 Poplar Street,
Lochbuie, Colorado 80603,ithe Board of Trustees of the Town of Lochbuie will hold a
public hearing upon the Resolutions for the purpose of finding and determining whether
the property proposed to be annexed meets the applicable requirements of Colorado law
and is considered eligible for annexation. At such hearing,any persons may appear and
present evidence as they may desire.
Dated this 24th day of September 2002.
By: Mari Sanchez,Lochbnie.Deputy Town Clerk
Published in the South Weld Sun September 26th,October 3rd, October 10th, October
17th
Received 10-10-2002 14:24 From— To—OTTEN JOHNSON ROBINS Pate 002
HENKEL L PROPERTY
ANNEXATION IMPACT REPORT
October 11, 2002
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4 , k 7k Att:4 P.al; ,x w r,: a 4 t,t� ,- hkit� �p f'
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View of subject property looking northwest across Interstate 76
Annexation of Property to the Town of Lochbuie,
Colorado
cc
Henkel Annexation Impact Report
INTRODUCTION
The following report has been prepared pursuant to Section 31-12-108.5 of the Colorado
Revised Statutes (C.R.S.) and concerns the proposed annexation of certain real property
known as the Henkel Annexation to the Town of Lochbuie. The property is proposed to
be annexed in one parcel comprising a total of 141.1806 acres more or less.
The Property is generally located in Section 30, Township 1 North, Range 65 West, of
the 6th Principal Meridian, Weld County, Colorado. The Property is located north of
Weld County Rd. 4 and west of the Interstate 76 right-of-way. The Town of Lochbuie is
adjacent to the Property along lands bordering I-76 and WCR 4. The Property is crossed
by the 75' right-of-way of the Beebe Seep Canal and a number of utility right-of-ways.
CURRENT ZONING/USES/PROCESS
The Property is currently zoned A-1 (Agriculture) in Weld County, Colorado. A change
in zoning to a mix of commercial and residential uses is being proposed as a part of this
application.
A single-family residence (18539 WCR 4.) and associated outbuildings agricultural uses
are the only current uses found on the Property. The Beebe Seep Canal crosses the parcel
in a north easterly/south westerly direction.
The Annexation Petition for the Henkel Property was submitted to the Town of Lochbuie
on July 12, 2002. At that point, no maps were included in the submittal and it was
deemed incomplete by staff. On July 30, 2002, the maps were hand-delivered to the
Town at a regular Town Board meeting. The Town of Lochbuie Board of Trustees
approved Resolution No. 24-2002 on August 6, 2002 acknowledging receipt of the
petition for annexation for the Henkel Property, adopting findings regarding said
Property, and setting the date, time, and place for the Public Hearing as September 12,
2002, at 7:00 p.m., at Town Hall.
Due to timing problems related to publishing notices, the Public Hearing scheduled for
September 12, 2002 was cancelled. The Town of Lochbuie Board of Trustees then
approved Resolution No. 29-2002 on September 19, 2002 acknowledging receipt of the
petition for annexation for the Henkel Property, adopting findings regarding said
Property, and setting the date,time, and place for the Public Hearing as November 6,
2002 , at 7:00 p.m., at Town Hall.
Advertising and notice, pursuant to the C.R.S., has been directed by the Town of
Lochbuie. Copies of the annexation petitions,the referenced resolution, and the published
notice of the hearing, were mailed to the Weld County Board of County Commissioners
and the County Attorney, among others, in accordance with C.R.S. §31-12-108.
1
Henkel Annexation Impact Report
(a)MAPS
Three maps are included as attachments to this report as required by Subparagraph (a) of
C.R.S. 31-12-108.5:
ATTACHMENT A: Annexation Map
The Annexation Map reflects that a portion of the boundary of the proposed annexation is
contiguous with the Town.of Lochbuie. The contiguity established with the Town is
indicated on the Annexation Map with a cross-hatch pattern along the contiguous portion
of the boundary line. The approximated percentage of the perimeter of the Property
contiguous with the Town of Lochbuie is:
Annexation No. 1, approximately 18.59 % contiguous
The combined perimeter of this annexation that is contiguous with the boundaries of the
Town of Lochbuie is approximately 18.59%. This meets the requirement found in the
Colorado Revised Statues §31-12-104 that property is at least 1/6 (16.6%) contiguous
with the municipality that is being petitioned for annexation.
ATTACHMENT B: Conceptual Utility Service Map
This map identifies the conceptual alignment of the proposed Town of Lochbuie sewer
and water lines from the existing water lines and from the existing wastewater treatment
plant south of the Property to the proposed wastewater treatment plant northeast of the
Property.
ATTACHMENT C: Generalized Land Use Map
This map identifies general land uses in the area of the subject property.
Streets:
Current"streets" in the Property consist of a driveway access to the single family
residence and field roads to access agricultural lands in the area. Street extensions into
the Property will be developed from both Weld County Rd. 4 and the I-76 frontage road
along the west side of I-76 throughout this area. Street improvements are also anticipated
on both Weld County Rd. 4 and the frontage road due to the development of the Property.
An annexation agreement or development agreement between the Town and the Annexor
will address the phasing and timing of street improvements related to the Property.
Major trunk water mains, sewer interceptors and outfalls:
There are no water mains, sewer interceptors or outfalls on-site or adjacent to the
property. Sewer service will be provided as set forth below.
2
Henkel Annexation Impact Report
Other Utility Lines and Ditches:
The Beebe Seep Canal runs north and east across the property. The 75 foot wide right of
way, and the canal, is used to irrigate farmlands supported through this irrigation system.
The Beebe Seep Ditch is owned and operated by the Farmers Reservoir and Irrigation
Company (FRICO).
(b) PREANNEXATION AGREEMENT
A preannexation agreement is not required and has not been prepared. An annexation
agreement is anticipated to be part of the final annexation of the property. A draft of the
annexation agreement will be forwarded to the Weld County Attorney upon its
completion for the County's review.
(c) MUNICIPAL PLAN FOR EXTENDING SERVICES
For all facilities and services, the Annexor will have the obligation to develop and install
all on-site and off-site transmission infrastructure facilities necessary to serve the
Property with water, wastewater and stormwater facilities and services.
Water:
It is anticipated that the Annexor will convey to the Town a sufficient amount of raw
water or water rights to serve the development of the Property and that water treatment
and water services will be provided to the Property by the Town.
Wastewater:
It is anticipated that the wastewater services and wastewater treatment will be provided
by the Town after Town acceptance of all wastewater facilities as provided by the
Annexor.
Stormwater:
The Annexor will design and construct storm drainage facilities within the Property
including, but not limited to: channels, inlets, piping, detention ponds and water quality
facilities. The Annexor shall convey and manage the 100 year storm events in compliance
with standards approved by the Town and included in the Annexation Agreement for the
Property. It is anticipated that historic flows will be conveyed to the Beebe Seep Canal
under an agreement with FRICO.
Other Dry Utilities:
Providers other than the Town of Lochbuie will provide services including: telephone
service by Quest, electrical service by United Power, and natural gas service by XCEL
Energy(Public Service Company of Colorado). Service lines are intended to be located
within street or other rights of way dedicated to those purposes within the Property.
3
Henkel Annexation Impact Report
Emergency Services:
Police Protection will be provided by the Town of Lochbuie Police Department. Fire
Protection will be provided by the Hudson Fire Protection District.
Open Space/Parks/Public Land Dedication:
The annexation agreement will document the public land dedications and/or fees that will
be suitable for schools, libraries, fire and police substation facilities and other public
facilities.
Streets:
The proposed access to the Property will be from Weld County Rd. 4 and the I-76
frontage road. The Annexor will improve the off-site and on-site streets to urban public
standards as established in the annexation agreement. Proposed improvements to WCR 4
are scheduled for 2002 including a 100 foot right-of-way in the area of this potential
annexation.
(d) FINANCING PLAN FOR EXTENDING MUNICIPAL SERVICES
The extension of municipal services into the Property will occur through one or more of
the following mechanisms:
1. Development Fees,
2. Special Improvement Districts,
3. Developer Funds,
4. Metropolitan Districts, or
5. As otherwise agreed to between the Town and the Owners of the Property as
appropriate.
(e) EXISTING DISTRICTS IN THE AREA TO BE ANNEXED
The Weld County Treasurers office records reflect that the Property is subject to the
following taxing authorities:
Tax District Levy
Aims Junior College District 6.620
Hudson Fire Protection District 3.173
CCW Water District .871
Central Colorado Water Conservation District 1.428
Weld County School District RE-3(j) 40.729
Weld County Library District 3.249
Weld County Administration 20.559
4
Henkel Annexation Impact Report
With annexation of the Property to the Town, one or more of the taxing entities noted
above may no longer be appropriate or service the Property.
(f) EFFECT ON SCHOOL DISTRICT RE-3(i)
Proposed residential development of the Property will have a substantial effect on
attendance within the School District. The annexation agreement will identify any land
dedications or cash-in-lieu payments required to offset the impacts of proposed
development, the estimated number of students that will be generated by the development
of the property and the capital construction required to educate these additional students.
No estimate of the number of students generated by this project is available at this time.
Successful development of the Property will increase revenues to the School District over
the amount currently generated by this Property.
5
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