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Home My WebLink About20021144.tiff COLORADO April 26, 2002 Clerk to the Board of Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: Referral for comments regarding WCR-2 Annexation Dear Weld County Commissioners: In accordance with Ordinance No. 208 and 31-12-109(2), C.R.S., as amended, you are hereby given notice as set forth in the attachments, that the City of Evans shall hold a public hearing on May 21, 2002 to determine whether the enclosed described territory, referred to as WCR-2 Annexation, is eligible for annexation to the City of Evans. The WCR-2 Annexation is located in the 3200 Block of 65th Avenue and contains approximately 3.011 acres. The property is intended for residential development as part of the proposed Grapevine Hollow Subdvision, located north of Ashcroft Draw and east of 65th Avenue. Any comments regarding the annexation should be submitted by May 14, 2002. If you have further questions, please contact me at 339-5344 extension 118. Sincerely, LOARA.6.-�.lMwrtp/� Audrey Wimmer Planner Enclosure Atp/& Ul e) s-/- 6'o? et' el, ,di o,) (iJ( 2002-1144 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472 C^� U CITY OF EVANS �•' 1100 37TH STREET LQPApn EVANS, COLORADO 80620 970-339-5344 EXT. 112 PETITION FOR ANNEXATION The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition for City Council of the City of Evans, Colorado,for annexation to tFheeCity of vans dip unincorporated territory more particularly described below, to be know as �-. c((Stan support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory be annexed to the City of Evans; SE6 AI CH-th 2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Evans, Colorado; 3) A community of interest exists between the territory proposed to be annexed and the City of Evans, Colorado; 4) The territory proposed to be annexed is urban or will be urbanized in the near future; 5) The territory proposed to be annexed is integrated or is capable of being integrated with the City of Evans, Colorado; 6) The signatures of the Petition comprise more than fifty percent (50%) of the landowners of the territory to be included in the area proposed to be annexed; 7) No land held in identical ownership,whether consisting of one tract on parcel of real estate or two or more contiguous tracts or parcels of real estate: a) Is 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 separate 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) for ad valorem tax purposes for the year preceeding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 1 Petition of Annexation I 8) 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 take place; 9) The area proposed to be annexed comprises (Check One): More than ten acres and the Board of County Commissioners of Weld County has agreed to waive the requirement of an impact report as provided for in section 31-12-108.5, C.R.S., as amended. More than ten acres and an impact report as provided for in section 31-12-108.5, C. . , as amended, is required. ` Ten acres or fewer and an impact report as provided for in section 31-12-108.5, C. .S., as amended, is not required. 10) The area proposed to be annexed is located within Weld County, and the following special districts: (' /�/ q" y� Water Districts `>eY/ H"�`T�"! C�b Sanitation District Fire District School District Recreation District Library District Ambulance District Jr. College District Other 11) The mailing address of each signer, the legal description of the land owned by each signee and the date of signing of each signature are all shown on this Petition; 12) Accompanying this Petition are four(4)prints of the annexation map containing the following information: a) A written legal description of the boundaries of the area proposed to be annexed; b) A map showing the boundary of the area proposed to be annexed; c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is to be platted, then the boundaries and the plat number of plots or of lots and blocks are shown; d)Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the City of Evans, and the contiguous boundary of any other municipality abutting the area proposed to be annexed; e) The dimensions of the contiguous boundaries are shown on the map. 2 Petition of Annexation 13) The territory to be annexed is not presently a part of any incorporated city, city and county, or town; 14) The undersigned agree to the following, which shall be covenants running with the land, and which shall, at the option of the City, appear on the annexation map; 15) Petitioner represents that: a) Water rights shall be provided pursuant to City Ordinance; b) The owners shall participate in providing drainage plans and improvement and payment of a unit drainage fee as may be required by the City for the area; c) The undersigned hereby waives any and all "vested rights" previously created pursuant to Section 24-68-103, CRS, as amended; d)The undersigned and the City may enter into a Pre-Annexation Agreement prior to the effective date of this annexation, which agreement shall be additional conditions as effectively as if set forth in this Petition; and Check One: No part of the property to be annexed is included within any site specific development plan approved by weld County, Colorado. A site specific development plan has been approved by Weld County, Colorado, which has created a vested right. 16) The petitioner understands he will be responsible for costs incurred by the City of Evans such as, but not limited to, advertising and recording fees, attorney fees, and other professional costs incurred by the city. 3 Petition of Annexation Executed this Irk day of 49 n1 , 20 Da kit J 1 Property caner of attached legal description Property Owner of attached legal description including fee title of land to the adjacent including fee title of land to the adjacent right-of-way right-of-way S8£!0 4J y9�><Silti 6-1a, w4s y Address Address Property Owner of attached legal description Property Owner of attached legal description including fee title of land to the adjacent including fee title of land to the adjacent right-of-way right-of-way Address Address as The foregoing instrument was acknowledged before me this 7/ day of A.D. 20OO2 : Witn ss my hand and f vial seal. My ommission expires // ACAS h:÷O 1-%•:k ttl • i • • i Notary Public tttttcni'rAUBO ••'t• ******************************************************************** q_.• I OA.�r Office Use Only: \ 4 ill ())‘ ))l Date Received City Clerk 4 Petition of Annexation • CITY OF EVANS, COLORADO RESOLUTION NO. 45-2002 RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR WCR-2 ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, was hereto filed with the City Clerk requesting the annexation of certain property to be known as the WCR-2 Annexation, more particularly described in the County of Weld, State of Colorado, as follows: Please refer to the attached Exhibit A WHEREAS, the City Council desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: Section I. That the City Council hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107, and desires to initiate annexation proceedings in accordance with law. Section 2. The City Council shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1,Article 12,Title 31,CRS: A hearing shall be held on the 21s` day of May, 2002, in the City Council Chambers of the City of Evans, 1 100 37th Street, Evans, Colorado, at 7:30 p.m. Section 3. The City Clerk shall publish notice of such hearing once per week for four successive weeks in the Greeley Tribune, with the first publication at least thirty (30) days prior to the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for annexation to the Clerk of the Board of County Commissioners,the County Attorney and to any Special District or School District within the area proposed to be annexed. Section 4. This Resolution shall be in full force and effect upon its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Evans on this 16`h day of April, 2002. ATTEST: CITY OF EVANS, COLORADO By: City Clerk ayor EXHIBIT A Legal Description-WCR-2 Annexation A tract of land located in the NW1/4 of the SE1/4 of Section 21, T5N, R66W of the 6th P.M., County of Weld, State of Colorado, described as follows: Commencing at the center of said Section 21, from which the S1/4 corner of said Section 21 bears S01°32'48" E, 2652.82 feet, thence N88°38'23" E, 30.00 feet along the north line of the SE1/4 of said Section 21 to the east line of the Myers Farm Annexation as recorded in Reception No. 2832633 of the records of Weld County and the True Point of Beginning: Thence N88°38'23" E, 279.00 feet, continuing along the north line of the SE1/4 of said Section 21 to the westerly line of the WCR Annexation as recorded in Reception No. 2880955 of the records of Weld County; The following two (2) courses and distances are along the westerly and northwesterly lines of the said WCR Annexation; Thence S10°49'23" E, 381.33 feet; Thence S74°27'12" W, 350.90 feet to the east line of the said Myers Fann Annexation; Thence N01°32'48" W, 462.14 feet along the east line of the said Myers Farm Annexation to the north line of the SE1/4 of said Section 21 and the True Point of Beginning: Area of described tract of land is 3.011 acres, more or less. 1 Exhibit A—Reso. 45-2002 NOTICE OF PUBLIC HEARING ANNEXATION REQUEST NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the City of Evans will hold a Public Hearing on the 21s`day of May, 2002 at 7:30 P.M., held at the City Hall Council Chambers, 1100 37th Street, Evans, CO, at which time and place they will consider and act upon the application for annexation of a parcel of property to the City of Evans. The following property is referred to as WCR-2 Annexation and is described as follows: A tract of land located in the NW 1/4 of the SE1/4 of Section 21, T5N, R66W of the 6th P.M., County of Weld, State of Colorado, described as follows: Commencing at the center of said Section 21, from which the S1/4 corner of said Section 21 bears S01°32'48" E, 2652.82 feet, thence N88°38'23"E, 30.00 feet along the north line of the SE1/4 of said Section 21 to the east line of the Myers Farm Annexation as recorded in Reception No. 2832633 of the records of Weld County and the True Point of Beginning: Thence N88°38'23"E, 279.00 feet, continuing along the north line of the SE1/4 of said Section 21 to the westerly line of the WCR Annexation as recorded in Reception No. 2880955 of the records of Weld County; The following two (2) courses and distances are along the westerly and northwesterly lines of the said WCR Annexation; Thence S10°49'23" E, 381.33 feet; Thence S74°27'12" W, 350.90 feet to the east line of the said Myers Farm Annexation; Thence N01°32'48" W, 462.14 feet along the east line of the said Myers Farm Annexation to the north line of the SE1/4 of said Section 21 and the True Point of Beginning: Area of described tract of land is 3.011 acres, more or less. Vicinity: 3400 Block of 65th Avenue All persons being interested in this matter may be present and heard. Kim Betz City Clerk City of Evans Please publish in the Greeley Tribune on Saturday's; April 20`h 27`h and May 4" and 11th. • I .... o __ ®© Legend City Limits Vicinity Map WCR - 2 Annexnation /// Project Site Public Works Department April 16, 2002 Hello