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Home My WebLink About20050836.tiff DON J . H O F F 1025 9TH AVENUE, SUITE 309 • GREELEY, COLORADO 8063 ATTORNEY AT LAW TELEPHONE 970-356-6767 • TELECOPIER 970-353-7504 October 26, 2005 Board of County Commissioners Weld County 915 10th Street Greeley, Colorado 80631 RE: TOWN OF KERSEY/KERSEY CHURCH ANNEXATION Enclosed please find the following regarding annexation of certain property to the Town of Kersey: 1. Petition for Annexation with attached property description; 2. Vicinity maps showing the proposed annexation and the proximity to the existing Town of Kersey; 3. Resolution and Notice which are being published in the The Voice. 4. Note that the property being annexed is approximately one acre in size and no impact report is attached. As you can see from the Resolution and Notice, a hearing to adopt the Ordinance annexing the property is scheduled for Tuesday, November 29,2005 at 7:00 p.m. Sincerely, Don J. Hoff Attorney for the Town of Kersey DJH:th Enclosures I/3c;G /q-vie 2005-0836 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et.seq., Colorado Revised Statutes, hereby petition the Board of Trustees of the Town of Kersey for annexation into the Town of Kersey the territory described herein and described and shown on the map designated " Kersey Community Church Annexation ". Four (4) copies of said map are submitted herewith and by this reference are incorporated herein. The description of the territory hereby petitioned for annexation into the Town is set forth in Exhibit "A" attached hereto and incorporated herein by reference (Exhibit "A" must be an original printed property description on 8-1/2 x 11 white paper.) In support of this petition, the petitioner(s) allege(s) that: 1. It is desirable and necessary that the above-described territory be annexed to the Town of Kersey. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Kersey. B. A community of interest exists between the territory proposed to be annexed and the Town of Kersey. C. The territory sought to be annexed is urban or will be urbanized in the near future. D. The territory sought to be annexed is integrated or is capable of being integrated with the Town of Kersey. 3. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of the tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has/have been divided into separate parts of parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4. In establishing the boundaries of the territory proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising twenty (20) acres or more which, together with the building and improvements situated thereon have an assessed valuation in excess of$200,000 for ad valorem tax purposes for the year next preceding I U r the filing of the written petition for annexation, has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners. 5. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Kersey was held within the twelve months preceding the filing of this petition. 6. The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Kersey. 7. The territory proposed to be annexed is not presently a part of any incorporated town, city or city and county or if the property is part of another town or city or city and county, it will be disconnected from such municipality prior to consideration of the annexation. 8. The property owned by each petitioner (when there is more than one petitioner) is described on each separate exhibit fully describing the property. 9. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the area proposed to be annexed. 10. The proposed annexation would not have the affect of extending a municipal boundary more than three (3) miles in any direction from any point of any such municipal boundary in any one year. 11. The undersigned is the owner(s) of one hundred percent (100%) of the territory included in the area proposed to be annexed exclusive of streets and alleys. Accompanying this petition are the original and four copies of an annexation plat 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, an identification 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. Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of. D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. E. A surveyor's certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth (1/6) contiguity to the Town of Kersey. F. Acceptance block describing the acceptance action of the Town of Kersey and providing for the effective date and Town Clerk and Mayor attest signatures. THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Kersey to annex the territory described and referred to in Exhibit"A" to the Town of Kersey in accordance with and pursuant to the statutes of the State of Colorado. Lanci Owner(s)Name(s' and Signatures) Mailing Address Date 6---.0.5— t20 gal Paov$ ro-$1 The foregoing signature(s) was/were subscribed and sworn to before me this 3- day of ,20 Qty by t;rnvcriin/p:o/c1 And 0.'4 n.,t. /-f./i,--ries c Witress my hand and official seal. My commission expires: di j .a�o 4 Q Notary Publi KERSEY COMMUNITY CHURCH ANNEXATION TO THE TOWN OF KERSEY, COLORADO CTATFMFNT OF OWNERSHIP AND DEDICATION PART SE 1/4 SECTION 20, T. 5 N., R. 64 W., 6th P.M. Know all men present that we, the undersigned, being all the owners and WELD COUNTY, COLORADO lienholders of the following described tract 2, Y �,: `—- DESCRIPTION - ANNF%ATIDN .,`,(• _.. j -„ A tract of land being part of the Southeast One-Quarter (SE 1/4) of 'Section Twenty (20), Townshp Five (5) North, Range Sixty-Four (64) West of the 6th a - �` `- ',. Principal Meridian, Veld County, Colorado, being more particularly described as. _�/ Considering the east line of the Southeast One-Quarter (SE 1/4) of std Section Twenty (20) to bear North 00.03'30' Vest and all bearings contained 1 j t �"' . ' ) herein relative thereto' 1 � 1 • `vim -,. ! Ml � ConmendnB at the Southeast (SE) Corner of said Section Twenty (20)1 thence FND 6 % 30' REBAR V/ I �`� along the south tine of the Southeast One-Quarter (SE 1/4) of said Section z 1/ ALUM CAP I /` Twenty (20), South 89.17'56' Vest, 50.00 feet to the west rights-of-way line PLS 9644 +� Y m of Veld County Road 331 thence damp the west rights-of-way line of Veld County Road 53, North OD•D3'30' Vest, 621.71 feet to the Point of BeBlnningl thence leaving the west rights-of-way line of Weld County Road 53, South 89111'30' West, 209.02 feet/ thence, North 00.03'31' West, 209.02 feet; thence, North 89'11'30' East, 209.02 feet to a point on the west rights-of-way tine of Weld County Rood 53; thence along the west I I ""F I t Mao' em' mm' rights-of-way line of Weld County Road 53 South 00'03'31' East, 209.02 feet ImiSgi 100' ROW-----I L— •'", -` L 1 - - - to the Point of Beginning. . { SCOP P•Dor 50' ROV—i ! - The above-described tract contains 1.00 acre, more or less, and is subject to I _. . .. . ' - ' rights-of-way and/or easements of record or as nay now exist. ,i I X 104 LS ESTATCS I : j an LOCATION MAP m NTS 3R2 MING I j j■eQ) We do hereby annex said tract of land to the Town of Kersey, Weld County, I I I 110 Colorado. N CICAa tDPa1) ILS 4792 I (CLS 4392APPED PD, i 4, //1 By. Kersey Community Church, President L? j 4 4--4-----i Hutu S 1. The easements and/or rights-of-way which are shown hereon hay not be By' Kersey Connunity Church, Secretary nal CAPPED complete and are to be based only N this context. The client did not request ' PIS 9644j any rights-of-way be shown beyond those on the plat 2. NOTIrE. According to Colorado law, NOTARY PI IAI if �0 you must cam✓nence any legal action !E% based upon any defect In this survey within tine years after you first STATE OF COLORADO) END CAPPED &.w discover such defect. In no event may any action based upon any defect in COUNTY OF WELD )SS ' PIN. PLS 9644 /�i•) this survey be commenced more than ten years from the date of the The foregoing instrument was acknowledged before me this day of / certification shown hereon (13-80-105 CR.SD. Alles and Associates, Inc. and/or Kenneth R. Allis will not be liable for more that the cost of this survey and , 2005 by and pqp^1. then only the Client specifically shown hereon or In our fie by signed x W ₹'4 constitutes authorization. Acceptance and/or use of this Instrument for any purpose Witness my hand and seal. 0 HOFF COUNTRY ESTATESagreement by the client to all tern stated hereon. �'' 1ST, 2ND, 3RD ANNEX. Npp.pp3).v '�� My commission expires a l" 109.. TOF 3. BOUNDARY C11NTIfiI IpI1C WITH TOWN DE KERSEY; I w$ n A ANNEX a 627.06 FEET • 75.00% 0 Pan a REC. 02499979 it nil w !u' DDi BOK 1555 �xx j 4. TOTAL BOUNDARY' TOTAL ACREAGE Notary Public u og — AO E 285 sepi)xry ^ j ANNEX • 83608 FEET 1.00 s ACRES x g E0sD7 m ,•1 5. fLffl)PLAIN INFORMATION' Kersey Community Church Annexation is located In '5 — - Zone C (areas of minimal flooding). See community Panel 080266 0645 C, PLANNING COMMISSION CERTIFICATE �. September 28, 1982. 'a' Approved by the Kersey Planning Commission this_day of A.D., 200 2 /f Chairman ��G/ SURVEYfM'C CERTIFICATE , ./1t1 I, Kenneth R. Allis, a Registered Professional Land Surveyor in the State of Nanning Commission Secretary u c�N89'17'56'E 263821 7/ �� Colorado do hereby certify that this map of land to be annexed to the Town SB9'1T56'V of Kersey, Weld County, Colorado was prepared under my personal supervision, 50.00' II and that this nap Is an accurate representation to the best of ny TOWN ACCEPTANCE u �S 1/4 CORNER SEC. 20 knowledge and belief. I further - .t more than one-sixth (1/6) of END 2 1/2' CAP I I the exterior boundary of t - se -.: to be annexed are contiguous This is to certify that the Annexation Map of the Kersey Community Church LS 10855 END 2 1/2' i j to the present boundary 1. 'p.AN1 rsey, Veld County, Colorado. Annexation to the Town of Kersey was approved on the _ day of LSP10855 NUMENT . 'Y •,� 2005, and that the Mayor of the Town of Kersey on behalf I I / NCI ERf ((tick of the Town of Kersey, hereby acknowledges 1 FGFND C certificate Is endorsed for al purposes indicated thereon upon which this la la + SECTION CORNER e • n aes 11° 1 UUU 6 � Mayor Y oa Q' z a 1/16 OR 1/4 CORNER r'":mLu / e 2'NO. CAPEBAR V/ A SV1y`1S'j�Q Attest. �9T O O P) PLS 9644 OF CC)" Town Clerk 0 END MONUMENTS AS LISTED /777 TOWN OF KERSEY BOUNDARY LCv I{ AI[ SHEET NO. 1 OFD_ seat F IItIMS pre 7011W QI•N49 AR ::; Nal AMID AS A7101,IMO. Dram byt9d/�1'1 Date'�7/Is/O5 KERSEY COMMUNITY CHURCH KERSEY COSNIET CHURCH*I 11OM 4aa w Lo n.LA w.• CO 60640P.6 BOX 158 TO THE TOWN OF IOOISSY, COLORADO NIL A) CMcked._SBE_ Approved_ISB� KERSEY, COLORADO 80644 PART SE 1/4 SECTION 20, T. 5 N. R. 64 V., 6th P.M. Mt WELD COUNTY. COLORADO RESOLUTION NO.2005-RI 0 A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE "KERSEY COMMUNITY CHURCH ANNEXATION" IS IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF C.R.S. 31-12-107(1) AND ESTABLISHING A DATE FOR A PUBLIC HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF ICERSEY, COLORADO TO CONSIDER THE PROPOSED ANNEXATION WHEREAS,the Board of Trustees received a petition for annexation of certain property herein described and known as the Kersey Community Church Annexation;and, WHEREAS,the Board of Trustees fmds that the annexation petition and accompanying annexation map substantially comply with C.R.S. 31.12-107 and Section 30 of Article II of the Colorado Constitution. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY,COLORADO: Section 1. The Board of Trustees finds that the annexation petition and accompanying annexation map are in substantial compliance with the requirements of C.R.S. 31-12-107 and Section 30,Article II of the Colorado Constitution. Section 2. The property proposed to be annexed consists of approximately 1.00 acre of property located in the Southeast One-Quarter(SEl/4)of Section Twenty(20),Township Five (5)North,Range Sixty-Four(64) . The property to be annexed is described in Exhibit"A" attached to this Resolution. Section 3, The Board of Trustees hereby accepts the petition for annexation of the property described as the Kersey Community Church Annexation. Section 4 The Board of Trustees hereby determines that it will consider an Ordinance annexing the property into the Town of Kersey at a special meeting of the Board of Trustees on the 29th day of November,2005 at 7:00 p.m.at the Kersey Town Hall located at 332 3'a Street,Kersey,Colorado. At such hearing the Board of Trustees will accept public comments and will determine whether the applicable requirements of C.R.S. 31-12-104 and 31-12-105 have been met,and determine whether the area should be annexed to the Town. PASSED,ADOPTED AND APPROVED this //;hday of Aloha' 2005. nt II`.,0".. OF�fi�^ .• 0F . i•I� 4-/# .� YOR A T: At D„, , Z1 A T OWN CLERK fit/ fir' SL' 1iJ.r • EXHIBIT"A" PROPERTY DESCRIPTION A tract of land being part of the Southeast One-Quarter (SE 1/4) of Section Twenty (20), Township Five (5) North, Range Sixty-Four (64) West of the Gth Principal Meridian,Weld County, Colorado, being more particularly described as: Considering the east line of the Southeast One-Quarter (SE 1/4) of said Section.Twenty(20) to bear North 00°03'30" West and all bearings contained herein relative thereto: Commencing at the Southeast (SE) Corner of said Section Twenty :20); thence along the south line of the Southeast One-Quarter (SE 1/4) of said Section Twenty (20), South 89°17'56" West, 50.00 feet to the west rights- of-way line of Weld County Road 53; thence along the west rights-of-way line of Weld County Road 53, North 00°03'30"West, 624.71 feet to the Point of Beginning thence leaving the west rights-of-way line of Welcl County Road 53, South 89°11'30" West, 209.02 feet; thence, North 00°03'31"West, 209.02 feet thence, North 89°11'30" East, 209.02 feet to a point on the west rights-of-way line of Weld County Road 53; thence along the west rights-of-way line of Weld County Road 53, South 00°03'31" East, 209.02 feet to the Point of Beginning. The above-described tract contains 1.00 acre, more or less, and is subject to rights-of-way and/or easements of record or as may now exist t* R. 4 • * osacb ,42 b�pr • hoe+ dip 47tOFG- UCL 2b Un Ub: caa •��••• �• ••�•��•� - - - - NOTICE PLEASE TAKE NOTICE that the Board of Trustees of the Town of Kersey has adopted a Resolution initiating annexation proceedings for the Kersey Community Church Annexation annexing to the Town of Kersey an approximate 1.00 acre of property located in the Southeast One-Quarter(SE1/4)of Section Twenty(20), Township Five(5)North,Range Sixty- four(64),Weld County, Colorado which annexation is more fully described in the Resolution which accompanies this notice. A public hearing will be held on the 29th day of November,2005 at 7:00 p.m. at the Kersey Town Hall located at 332 3`d Street,Kersey, Colorado wherein interested persons may cc mment on the annexation and for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and to determine whether the property should be annexed to the Town of Kersey TOWN OF KERSEY Ask) Hello