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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 ifjeciezu ire.' A,( �% / 2002-1143 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472 ,4'i - zoo 2, 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 _ ‘‘ A.D. 20Q2- . ;���''�o1 a.O �i Y expires !!��S��S ' 8i�:. , 7handcialseaI. commission o....r ,y�� tory I •• : i • otaryPublicIf bed.o? • ti fH•.�c'2_- *********************************************************************** mow, — Office Use Only: 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 &#2, 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. .� �• cm . . I cinar_ ..._ i i rl f ill @ CIS ch. k nnex.ti.n N.. 1% Schank Annexation No. 2 Legendlc um a City Limits Vicinity Map 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 &#2. 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. 2 taf- A- - -. .. c 1 ':Dia , . i c . i=ollir \ -0Z � I M [® . , Th, ,r, , I. .....„.. Lli ..,, . � 'I If._____„, I .._. , I rI• (4, „,, % ) ___, ..,„, .,., ... Schank Annexation No. 1 / ----------------. -\ hkAxation No. 2 ak-N`K\ Legend Exhibit A im en City Limits Vicinity Map /�{ Shank Annexation No. 1 & No. 2 1 Annexation Area Public Works Department April 26, 2002 Eut a Aiwa I �wo.�o■ ` x _ 1: mu �� it I 1I��• r ❑ CL4a a Ili w a � 11'Il _ __ III a �y r F .iil(�ry C1 r N2 t /4CZ al I V L i \ 4-1 I In \ IN.4 I ••••I IL. ,I ) W Hello