HomeMy WebLinkAbout20021143.tiff 64111
COLORADO
April 26, 2002
Clerk to the Board of Weld County Commissioners
915 10th Street
Greeley, CO 80631
Re: Referral for comments regarding Schank Annexation#1 & #2
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 Schank
Annexations #1 & #2, is eligible for annexation to the City of Evans.
The proposed annexation is located at the southwest corner of 35`h Avenue and 49th Street with
54th Street Road bisecting the subject parcels. The proposed annexations contain approximately
276.52 acres.
A conceptual plan has not been submitted, however, the applicant has indicated that the property
may be intended for large lot residential development. Currently, the applicant's home is the
only structure on the property. The area surrounding the South Platte River is intended to be left
as open space and possibly designated as a conservation easement.
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,
dad, 0,0,,,,,u4
Audrey Wimmer
Planner
Enclosure
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1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472
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CITY OF EVANS
1100 37TH STREET
EVANS, COLORADO 80620 {)L( IAQp
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 the City of Evans the unincorporated
territory more particularly described below, to be know as"2vt 1 f�t+haralttamd in support of
said Petition, your petitioners allege that: ( #A
1) It is desirable and necessary that the following described territory be annexed to the
City of Evans;
See 7q-C Ff
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
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.
g. More than ten acres and an impact report as provided for in section 31-12-108.5,
C.R.S., as amended, is required.
Ten acres or fewer and an impact report as provided for in section 31-12-108.5,
C.R.S., as amended, is not required.
10) The area proposed to be annexed is located within Weld County, and the following
special districts: ( ,'l '
Water Districts PJO ), C�'u.)1 (,C5
Sanitation District
Fire District dAt1l'
School District N bD` 3k1/11A *1/i
Recreation District
Library District
Ambulance District
Jr. College District IkinAct nlftY DAFT
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; N//
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; 3-66
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
I
Executed this Rih day of OiviL-t.L, , 20 6 a .
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
$644 54-t-49) >Q1- P4
Goo goG0,31-
Address U ` 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
ry 7:40
T foreg i g instrument was acknowledged before me this 7 day o _ ‘‘
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Date Received City Clerk
4 Petition of Annexation
CITY OF EVANS, COLORADO
RESOLUTION NO.46-2002
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION
PROCEEDINGS FOR SCHANKS ANNEXATIONS #1 & #2
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 Schanks Annexations
#1 , 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 1. 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 21' day of May,2002, in the City Council Chambers of the City of Evans, 1100 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
City CI er ay r
EXHIBIT A
Schank Annexation No. 1
A parcel of land located in the Northeast One-Quarter(NE1/4) of Section Thirty-five (35)
and the South One-Half Southeast One-Quarter (S1/2 SE1/4) of Section Twenty-six (26),
Township Five (5) North, Range Sixty-six (66) West of the 6th Principal Meridian, Weld County,
Colorado being more particularly described as:
Considering the north line of the Northeast One-Quarter(NEI/4)of said Section Thirty-five(35)to bear
North 89°51'00" East, and all bearings contained herein relative thereto:
Beginning at the East One-Quarter(E1/4)Corner of said Section Thirty-five(35); thence,North 89°17'32"
West, 3032.97 feet to the Center One-Quarter(C1/4) Corner of said Section Thirty-Five(35); thence,North
6°11'24"West, 1397.49 feet to the Center-North One-Sixteenth(C-N 1/16)Corner of said Section Thirty-
five(35); thence,North 06°11'24"West, 1369.99 feet to the North One-Quarter(Nl/4) Corner of said
Section Thirty-five(35); thence along the north line of the Northwest One-Quarter(NW 1/4) of said Section
35,North 89°51'00"East 1638.65 to a point; thence,North 00°00'00"East, 53.91 feet to a point on the
south rights-of-way of 49th Street as now exists;thence along said southerly rights-of-way line of 49th
Street, North 88°28'34"East 442.86 feet to the centerline of Weld County Road 396 (54th Street Road);
thence, (L10)North 88°47'03"East,281.30 feet to the Northwest(NW)Corner of that tract described in
Reception No. 2462141; thence, (L3) South 06°03'38"West, 354.01 feet to the Southwest(SW) Corner of
that tract described in Reception No. 2462141; thence North 72°03'38"East, 923.64 feet to a point on the
north line of the Northeast One-Quarter(NE1/4)of said Section Thirty-five(35); thence,North 89°51'00"
East,73.33 feet to the Northeast (NE) Corner of said Section Thirty-five (35)thence, South 01°06'11"
East, 2797.92 feet to the East One-Quarter(E1/4)Comer of said Section Thirty-Five(35),and the point of
Beginning.
Except tract recorded in Reception No. 1544004
A parcel of land located in the North One-Half Northeast One-Quarter(N1/2 NE1/4)of said Section
Thirty-Five(35)being more particularly described as:
Beginning at the East One-Quarter(E1/4)Corner of said Section Thirty-five(35); thence, North 89°17'32"
West, 30.01 feet to a point on the westerly rights-of-way of 35th Avenue;thence along the westerly rights-
of-way line of 35th Avenue,North 01°06'11"West,2208.22 feet to the Southeast(SE)Corner of that tract
described in Reception No. 1544004 and the TRUE POINT OF BEGINNING; thence,North 01"06'11"
West 211.03 feet along the westerly rights-of-way of 35th Avenue to the centerline of the Evans Town
Ditch, as recorded in Book 163, Page 378; thence along the centerline of said Evans Town Ditch the
following three(3) courses,North 75°29'33"West, 123.27 feet; thence South 87°58'42"West, 85.26 feet;
thence, South 66°00'12"West 651.88 feet; thence leaving the centerline of the said Evans Town Ditch,
South 12°46'08"East, 258.49 feet; thence North 69°33'52"East, 797.19 feet to the TRUE POINT OF
BEGINNING.
Except tract recorded in Reception No. 2667565
A parcel of land located in the North One-Half Northeast One-Quarter(N1/2 NE1/4)of said Section
Thirty-five(35)being more particularly described as:
Beginning at the Southeast Corner of that tract described in Reception No. 2667565 whence the Northeast
(NE) Comer of said Section Thirty-five(35)bears(L6)North 72°03'38"East, 58.06 feet, and North
72°03'35" East, 923.94 feet, and North 89°51'00"East, 73.33 feet; thence along the tract boundaries, (L12)
South 72°03'38"West,335.00 feet; thence(L1l)North 14°40'58"East, 118.73 feet;thence,(LS)North
72°03'38"East, 297.00 feet; thence, (L7) South 03°21'4lEast, 103.33 feet to the Point of Beginning.
The above described parcel contains 199.17 acres, more ore less.
1 Exhibit A—Reso. 46-2002
Schank Annexation No. 2
A parcel of land located in the Northwest One-Quarter (NW1/4) of Section Thirty-five
(35), Township Five (5)North, Range Sixty-six (66) West of the 6th Principal Meridian, Weld
County Colorado being more particularly described as:
Considering the north line of the Northeast One-Quarter(NE1/4)of said Section Thirty-five(35)to bear
North 89'51'00"East, and all bearings herein contained relative thereto:
Beginning at the West One-Quarter(W1/4)Corner of said Section Thirty-five(35);thence along the west
line of the South One-Half Northwest One-Quarter(S1/2 NW1/4)of said Section Thirty-five(35),North
04°39'30"West, 846.10 feet to the Southwest(SW) Corner of that tract described in Reception No.
2634505;thence North 72°50'01"East 1631.20 feet to a point on the north line of the South One-Half
Northwest One-Quarter(S1/2 NW '/)of said Section Thirty-five(35); thence South 89°29'23"East, 98.80
feet to the centerline of said Weld County Road 396(54th Street Road)North 72°49'42"East,956.69 feet to
a point on the east line of the North One-Half Northwest One-Quarter(N1/2 NW1/4)of said Section
Thirty-five(35);thence, South 06°11'24"East,292.58 feet to the Center-North One-Sixteenth(C-N1/16)
Corner of said Section Thirty-five(35);thence, South 06°11'24" East, 1397.49 feet to the Center One-
Quarter (C1/4) Corner of said Section Thirty-five(35); thence,North 88°25'24"West, 2685.90 feet to the
Point of Beginning.
The above described parcel contains 77.35 acres, more or less.
2 Exhibit A—Reso. 46-2002
•
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 21st 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 two parcels of property to the City of
Evans. The following property is referred to as Schank Annexation No. 1 and No. 2 and is
described as:
Schank Annexation No. 1
A parcel of land located in the Northeast One-Quarter (NE1/4) of Section Thirty-five (35)
and the South One-Half Southeast One-Quarter(S1/2 SE1/4) of Section Twenty-six (26),
Township Five (5)North, Range Sixty-six (66) West of the 6th Principal Meridian, Weld County,
Colorado being more particularly described as:
Considering the north line of the Northeast One-Quarter(NE1/4)of said Section Thirty-five(35)to bear
North 89°51'00"East,and all bearings contained herein relative thereto:
Beginning at the East One-Quarter(E1/4)Corner of said Section Thirty-five(35); thence,North 89°17'32"
West,3032.97 feet to the Center One-Quarter(Cl/4)Corner of said Section Thirty-Five(35); thence,North
6°11'24"West, 1397.49 feet to the Center-North One-Sixteenth(C-N 1/16)Corner of said Section Thirty-
five(35); thence,North 06°11'24"West, 1369.99 feet to the North One-Quarter(N1/4)Corner of said
Section Thirty-five(35);thence along the north line of the Northwest One-Quarter(NW I/4)of said Section
35,North 89°51'00"East 1638.65 to a point;thence,North 00°00'00"East, 53.91 feet to a point on the
south rights-of-way of 49th Street as now exists; thence along said southerly rights-of-way line of 49th Street,
North 88°28'34"East 442.86 feet to the centerline of Weld County Road 396(54th Street Road);thence,
(L10)North 88°47'03" East, 281.30 feet to the Northwest(NW)Corner of that tract described in Reception
No. 2462141;thence, (L3) South 06°03'38"West, 354.01 feet to the Southwest(SW)Corner of that tract
described in Reception No. 2462141;thence North 72°03'38"East,923.64 feet to a point on the north line
of the Northeast One-Quarter(NE1/4) of said Section Thirty-five(35); thence,North 89°51'00" East, 73.33
feet to the Northeast (NE)Corner of said Section Thirty-five(35)thence, South 01°06'11" East,2797.92
feet to the East One-Quarter(E1/4)Corner of said Section Thirty-Five (35), and the point of Beginning.
Except tract recorded in Reception No. 1544004
A parcel of land located in the North One-Half Northeast One-Quarter(N1/2 NE1/4) of said Section Thirty-
Five(35)being more particularly described as:
Beginning at the East One-Quarter(E1/4)Corner of said Section Thirty-five(35); thence,North 89°17'32"
West, 30.01 feet to a point on the westerly rights-of-way of 35'h Avenue;thence along the westerly rights-
of-way line of 35th Avenue,North 01°06'11"West,2208.22 feet to the Southeast(SE) Corner of that tract
described in Reception No. 1544004 and the TRUE POINT OF BEGINNING; thence,North 01'06'11"
West 211.03 feet along the westerly rights-of-way of 35th Avenue to the centerline of the Evans Town
Ditch, as recorded in Book 163, Page 378; thence along the centerline of said Evans Town Ditch the
following three(3) courses,North 75°29'33" West, 123.27 feet;thence South 87°58'42"West, 85.26 feet;
thence, South 66°00'12"West 651.88 feet;thence leaving the centerline of the said Evans Town Ditch,
South 12°46'08"East, 258.49 feet;thence North 69°33'52"East, 797.19 feet to the TRUE POINT OF
BEGINNING.
Except tract recorded in Reception No. 2667565
A parcel of land located in the North One-Half Northeast One-Quarter(N1/2 NE 1/4)of said Section Thirty-
five(35)being more particularly described as:
Beginning at the Southeast Corner of that tract described in Reception No. 2667565 whence the Northeast
(NE)Corner of said Section Thirty-five(35)bears(L6)North 72°03'38"East, 58.06 feet, and North
72°03'35"East,923.94 feet,and North 89°51'00"East,73.33 feet;thence along the tract boundaries, (L12)
South 72°03'38"West, 335.00 feet;thence(L11)North 14°40'58"East, 118.73 feet;thence, (L8)North
72°03'38" East, 297,00 feet;thence,(L7) South 03°21'41East, 103.33 feet to the Point of Beginning.
The above described parcel contains 199.17 acres, more ore less.
Schank Annexation No. 2
A parcel of land located in the Northwest One-Quarter(NW 1/4) of Section Thirty-five
(35), Township Five (5)North, Range Sixty-six (66) West of the 6th Principal Meridian, Weld
County Colorado being more particularly described as:
Considering the north line of the Northeast One-Quarter(NE1/4)of said Section Thirty-five(35)to bear
North 89'51'00"East, and all bearings herein contained relative thereto:
Beginning at the West One-Quarter(W1/4)Corner of said Section Thirty-five(35);thence along the west
line of the South One-Half Northwest One-Quarter(S1/2 NW 1/4)of said Section Thirty-five(35),North
04°39'30"West, 846.10 feet to the Southwest(SW)Corner of that tract described in Reception No.
2634505;thence North 72°50'01"East 1631.20 feet to a point on the north line of the South One-Half
Northwest One-Quarter(S1/2 NW '/,)of said Section Thirty-five(35); thence South 89°29'23"East,98.80
feet to the centerline of said Weld County Road 396(54th Street Road)North 72°49'42"East,956.69 feet to
a point on the east line of the North One-Half Northwest One-Quarter(Nl/2 NW 1/4)of said Section Thirty-
five(35);thence, South 06°11'24"East, 292.58 feet to the Center-North One-Sixteenth(C-N1/16)Corner
of said Section Thirty-five(35);thence,South 06°11'24"East, 1397.49 feet to the Center One-Quarter
(C1/4)Corner of said Section Thirty-five(35);thence,North 88°25'24"West, 2685.90 feet to the Point of
Beginning.
The above described parcel contains 77.35 acres, more or less.
Vicinity: South of 49th Street and West of 35th Avenue. 54th Street Road bisects the subject
parcels.
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 20th and 27th, May 4th and 11th.
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Schank Annexation No. 2
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Shank Annexation No. 1 & No. 2
%// Annexation Area
Public Works Department April 16, 2002
SCHANK ANNEXATION #1 & #2
IMPACT REPORT
April, 2002
Esther Schank, property owner, has submitted a petition for annexation. The proposed
annexation contains approximately 276.52 acres and is located south of 49`h Street and west of
35th Avenue. Please refer to the attached vicinity map for the property location.
This report is provided as required by Section 31-12-108.5 CRS, as amended, and contains
information on the impact the proposed development may have on the current infrastructure and
financial condition to the City of Evans.
Section 1 - Maps and Utilities
Enclosed as "Exhibit A" is a map showing the vicinity of the Schank Annexation#1 . The
existing city limit lines are dashed with the subject properties being hatched.
The City of Evans water and sewer utilities are represented in"Exhibit B." Other utilities are not
depicted on this map, but may be extended into easements upon subdividing or dedication by the
property owner.
Section 2 - Pre-annexation Agreement
An annexation agreement is not being prepared for this annexation.
Section 3 - Providing Municipal Services/Infrastructure improvements
A conceptual plan has not been submitted for the subject parcel; however, the property owner has
indicated that the property may be intended for large lot residential development. The property
surrounding the South Platte River is intended to be left as open space and possibly designated as
a conservation easement. Currently, Ms. Schank's home is the only structure on the property.
There is an existing water main in 49th Street. It is the developer's responsibility to extend
adequate water services for fire protection and potable water needs.
A sanitary sewer main is being constructed along Ashcroft Draw which runs north/south through
the northeast corner of the Shank property. There is also an existing sewer line along 49th Street.
Extension of all sewer mains will be the responsibility of the developer. Please refer to "Exhibit
B" representing the vicinity of sewer service.
Storm drainage, streets, sidewalks, and all similar infrastructure will be the responsibility of the
developer. The City of Evans staff will review proposed plans related to these items to insure
safe, adequate facilities and improvements are installed in accordance with the City of Evans'
1
regulations.
The City intends to provide police services to the property by utilizing the present police
capability, which can provide adequate protection for a short time period.
Fire protection will be provided by the City of Evans Fire Department utilizing the existing
facilities and equipment. The fire department will review development proposals for safety
standards and assist the property owner with petitioning out of their current fire district. Evans'
Fire &Rescue will be able to provide adequate fire and rescue services to the proposed
annexation from the City of Evans Fire Station No. 2, which is approximately 2.2 miles away.
Setbacks from any oil and gas well heads, tank batteries, separators and related appurtenances on
this property must comply with current City of Evans regulations.
Section 4 - Financing Extension of Municipal Services
All of the services provided by the City will be financed through existing sources of revenue.
These sources will also apply to the Schank property, and include revenues for property, sales,
and franchise taxes,water, sewer, drainage, and sanitation fees.
There will be no commercial impact to the City of Evans, as the development plans do not
include commercial development.
Section 5 - Existing Taxing Districts
Along with the City of Evans, the following districts are included in this annexation and have
been notified as per CRS 31-12-108.
Weld County- Board of County Commissioners, Attorney, &Planning
School District#6
Northern Colorado Water District
Central Colorado Water District
Central Colorado Sub-District
LaSalle Fire District
Milliken Fire District
AIMS Community College
Weld County Library
Weld County Soil
Section 6 - Local Public School District Impact
The school district recognizes that an increase in residential units creates a need for more
schools.
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/�{ Shank Annexation No. 1 & No. 2
1 Annexation Area Public Works Department April 26, 2002
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