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Home My WebLink About20050703.tiff DON .3 . H OFF - 1025 9TH AVENUE, SUITE 309 • GREELEY, COLORADO 80631 ATTORNEY AT LAW ' TELEPHONE 970-356-6767 • TELECOPIER 970-353-7504 , n- n February 18, 2005 Board of County Commissioners Weld County 915 10th Street Greeley, Colorado 80631 RE: TOWN OF KEENESBURG, COLORADO/SPARROW ANNEXATION Enclosed please find the following regarding annexation of certain property to the Town of Keenesburg: 1. Petition for Annexation with attached property descriptions; 2. Vicinity map showing the proposed annexation and the proximity to the existing Town of Keenesburg; 3. The Annexation Impact Report with a map setting forth the information required in the Impact Report; 4. Resolution and Notice which are being published in the The Southwest Weld Sun. As you can see from the Resolution and Notice, a hearing to adopt the Ordinance annexing the property is scheduled for Monday, March 21,2005, at 7:00 p.m. Sincerely, 1 ; . Don J. H�f Attorney for the Town of Keenesburg DJH:th Enclosures de/'GC/ '/ AGE CG Ii SG C41 2005-0703 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF KEENESBURG, 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 Keenesburg for annexation into the Town of Keenesburg the territory described herein and described and shown on the map designated " Let 6 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 propprty 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 Keenesburg. 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 91/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Keenesburg. B . A community of interest exists between the territory proposed to be annexed and the Town of Keenesburg. 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 Keenesburg. 3 . 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, has%have peen divided into separate parts or 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 buildings and improvements situated thereon have an assessed valuation in excess of $200, 000 for ad valorem tax purposes for the year next preceding 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 landowners . 5 . The territory proposed to be annexed dos not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Keenesburg 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 Keenesburg. 7 . The territory proposed to be annexed is not presently a part of any incorporated town, town and county, or town. 8 . The property - owned by each petitioner is described on each separate signature sheet and, when needed, described more fully in the exhibits attached hereto and incorporated herein by reference. 9 . The signer (s) of this petition comprises (s) more than fifty percent (50%) of the land owners and owning more than fifty percent (50%) of the property, excluding public streets and alleys, and any land owned by the annexing municipality, and are, in fact, owners of one hundred percent (100%) of the property set forth in Exhibit "A" attached hereto and incorporated herein by reference . 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 Keenesburg. F. Acceptance block describing the acceptance action of Town S a_ia r of Keenesburg and providing for the effective date and Town Clerk and Mayor attest signatures . 10 . Except as otherwise provided, no part of the: territory sought 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 become effective . THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Keenesburg to annex the territory described and refereed to in Exhibit "A" to the Town of Keenesburg in accordance with and pursuant to the statutes of the State of Colorado. Land Owner (s) Name (s) and Sign ure s) ailin Address Date The foregoing signature (s) was/were subscribed and sworn to before me this `O day of 1'JOV ,t3ele_ , 20 04 , by 3euee s. &keRDv.) ,,.NM�""'"""r Witness my hand and official seal . it/" \ My commission expires : 1142,7100t≥; OtARY Q €s pU peg.�ga� Not y Public ..• p 4reOFGM HIbO111NM, PROPERTY DESCRIPTION That part of the Northwest Quarter of Section 25 and the Northeast Quarter of Section 26, Township 2 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Considering the South line of the Northwest Quarter of Section 25, Township 2 North, Range 64 West of the 6th Principal Meridian as bearing N 89°38'03" W and with all bearings contained herein relative thereto. Commencing from the West quarter corner of said Section 25; thence N 00°00'00" E 900.00 feet and again N 90°00'00" W 30.00 feet to a point on the Westerly right of way line of Weld County Road No. 59 and the True Point of Beginning; thence along said Westerly right of way, N 00°00'00"E 432.86 feet to the Southeasterly right of way line of Weld County Road No. 18; thence along said Southeasterly right of way N 66° 28'29" E 2170.43 feet; thence S 00°05'50"W 2211.94 feet to the South line of the Northwest Quarter of said Section 25; thence along said South line N 89°38'03" W 746.29 feet to the East line of that certain parcel described in Book 1589 at Page 43 and Reception No. 2530759; thence along said East line, N 00°00'00"E 900.00 feet to the Northeast corner of said parcel, thence along the North line of said parcel and its extension Westerly, N 89°38'03"W 1240.00 feet to the True Point of Beginning. `oott°:nnruir 11,q9 Slat 4 l C..:;tg* t≤may "f- yet: >4#CA1E1Ft0*rz% ... IMPACT REPORT OF THE SPARROW ANNEXATION TO THE TOWN OF KEENESBURG, COLORADO The proposed annexation is known as the Sparrow Annexation to the Town of Keenesburg and involves the annexation of a parcel of property in excess of 10 acres lying in the Northwest Quarter of Section 25 and the Northeast Quarter of Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado and contains a portion of the right-of- way of Weld County Road 59 south of Weld County Road 398. The following information is provided with this report: A. An annexation map showing the annexation's proximity to the Town of Keenesburg. B. Map showing the present and proposed boundaries of the municipality and the vicinity of the proposed annexation. C. The vicinity map shows the present streets including Weld County Road 59, Weld County 398, Interstate-76 and the existing Keenesburg streets and roads. No streets exist on the property and no municipal utilities exist on the property or are connected to the property. D. The owner has proposed that approximately 20 acres of the property will be used as the fairgrounds for the Southeast Weld County Fair as a fairgrounds facility. In such capacity, the property will not have an impact on the public school system. No plans exist for the remaining approximately 30 acres so it is not possible to estimate whether any students will be generated or capital construction will be required as a result of the annexation E. No draft annexation agreement is available. F. All municipal services currently provided to residents of the Town of Keenesburg will be extended to the territory proposed to be annexed when development occurs. G. Water service will be provided by the Town of Keenesburg. Sewer extensions, streets and other infrastructure improvements will be built by the owner or developer at the time of development. No financing or construction of infrastructure improvements will be completed by the Town of Keenesburg. H. The districts which exercise control or have tax authority over the subject property are as follows: 1. Weld County 2. Aims Community College 3. School District RE-3J 4. Southeast Weld Fire Protection District 5. Central Colorado Water Conservancy District 6. Central Weld County Water District 7. Weld Library District DATED: f / 8/ 0S-- TOWN OF KEENESBURG, COLORADO Feb 18 05 01 : 49p Cheryl Jesser 303-732-0599 p. 2 Weld County School District Re-3(J)199 West 8roadway PTel:O.(303) 269/Keenesburg.CO 80643 536-2000 1 Fax(303)536-2010 WELD 31 February 15,2005 • Mr.Bruce Sparrow P.O.Box 519 Keenesburg,CO 80643 Dear Mr. Sparrow: Thank you for your patience as the school district researched the possible ramifications of the annexation of your land into the Town of Keenesburg. There is no school district opposition to the annexation of the described land for the South Weld Fair and open space. Should the use of this land change to residential,however, the school district would request cash-in-lieu and capital mitigation consistent with whatever in is effect at that time between the school district and the Town of Keenesburg. Please contact me at 303-536-2000 if any of this needs clarification .or additional information is needed by you or the Town. Sincerely, • Marvin Wade,Ed.D. Superintendent of Schools Weld County School District Re-3J Jan 28 05 12: 42p Cheryl .lesser 303-732-0599 p-2 RESOLUTION NO.2005-2 A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE "SPARROW ANNEXATION" 1S 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 KEENBESBURG, 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 Sparrow Annexation;and, WHEREAS,the Board of Trustees finds that the petition substantially complies 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 KEENESBURG, COLORADO: Section 1. The Board of Trustees hereby accepts the petition for annexation of the property described as the Western Equipment&Truck Co., Inc. Annexation. Section 2. The Board of Trustees finds that the petition is in substantial compliance with the requirements of C.R.S. 31-12-107 and Section 30,Article II of the Colorado Constitution. Section 3. The property proposed to be annexed consists of a parcel of property located in the Northwest Quarter of Section 25 and the Northeast Quarter of Section 26,Township 2 North, Range 64 West of the 6m P.M., Weld County, Colorado and is more particularly described in Exhibit"A"attached hereto. Section 4. The Board of Trustees hereby determines that it will consider an Ordinance annexing the property into the Town of Keenesburg at a meeting of the Board of Trustees on the 21st day of March,2005 at 7:00 p.m. at the Keenesburg Town Hall located at 140 S.Main Street,Keenesburg,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 17th day of January, 2005. TOWN OF K ENUR BY: YOR ATTEST: 'IN RK NOTICE PLEASE TAKE NOTICE that the Board of Trustees of the Town of Keenesburg has adopted a Resolution initiating annexation proceedings for the Sparrow Annexation annexing to the Town of Keenesburg a parcel of property located in the Northwest Quarter of Section 25 and the Northeast Quarter of Section 26, Township 2 North, Range 64 West of the 6th P.M., Weld County, Colorado, which annexation is more fully described in the Resolution which accompanies this notice. A public hearing will be held on the 21st day of March,2005 at 7:00 p.m. at the Keenesburg Town Hall located at 140 S. Main, Keenesburg, Colorado wherein interested persons may comment 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 Keenesburg. TOWN OF KEENESBURG BY: TOWN CLERK • SPARROW ANNEXATION MAP ._ Situate in a portion of the Northwest Quarter of Section 25 and øIi4! orthet64 West of the 6th Principal Meridian, County of- Weld, State of Colorado BASIS OF BSAIIDTG3 p �1YG�/,j BEARINGS ARE BASED ON THE SOUTHERLY - =Duff MAPUNE OF THE NORTHWEST QUARTER OF - SECTION 26,TOWNSHIP 2 NORTH,RANGE 200 0 wimilim, 200 400 64 WEST OF THE Rh PIT AS BEARING AN ASSUMED N R9'S ,SAID E MOHU AS Sk NHEREON -ai'�/ BEING MONUYENTEO AS SHOWN HEREON SCALE 1 >' 200'• NNW 1/4 meu SWOOP A no.WOO TOWN 3 1/4'AWN CAP L3.VON.lee? ' WIDOW 8440 OMB,MAW L.OMP is3 ii.e.1AW UP zTOMOtiw,/4m`�`OW iew 1rarpp 46040 DCNiµPxa cw�o - Pa MOW lna S 89'39.06"E 2639.10' POI PALM TIO• • LEGE ND I 1 •RECOVERED SECTION MONUMENT AS DESCRIBED O RECE ERED 15 REfl4!ANO PLASTIC CAP LS.25619 PROPERTY DESCRIPTION • • ... O RECOVERED 14 REBAR A CA LS.22098 OR AS DESCRIBED THAT PART OF THE NORTHWEST OUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 26,TOWNSHIP 2 NORTH,FANOE 54 WEST OF THE MN PRINCIPAL MERIDIAN.WELD COUNTY.COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: --------� SECTION VW — CONSDERNG THE SOUTH UNE or THE NORTHWEST QUARTER Of SECTION 25,TOWNSHIP 2 NORTH,RANGE 64 WEST OF THE WI,PRICIPAL NERioN+AS REARING N 59'31'03'W AND WTI ALL 6EARING5 CONTAINED HEREIN RELATIVE THERETO. I COMMENCING FROM THE WEST WARIER CORNER OF SAID SECTION 25:THENCE Ni 00'OO'00'E f100.00 FEET AND AGUN N 90'00'001W 30.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD N..39 AND THE - TRUE POINT or BEGINNING;THENCE ALONG SAID WESTERLY RIGHT OF WAY,H 00'00'00'E 432.96 FEET TO THE SOUTHEASTERLY RIGHT 07 WAY LINE Of WELD COUNTY ROAD No. III THENCE ALONG SAID SOUTHEASTERLY RIGHT OF WAY, 16/ ''� H 65'28'29-E 2170-13 FEET;THENCE S OO'OS•30'W 2211.94 TER TO TIE SOUTH UNE OF THE NORTHWEST QUARTER Of SAID SECTION 25`THENCE ALONG SAID SOUTH UNE N B9'38.03'W 746.29 FEET TO THE EAST UNE Or THAT CERTAIN N -.e PARCEL DESCRBED Ni BOOK 1556 AT PAGE 43 AND RECEPTION No.2530759;THENCE ALONG SAID EAST NNE.N 00'00'00'E 100.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL:THENCE ALONG THE NORTH UNE OF SAID PARCEL AND �,,P�t`T --.'". ITS EXTENSION WESTERLY.N 59•S6bS'W 1240.00 MEET TO THE TRUE POINT OF BE0NN645. COQ'y9 a� • TOWN OF %EENESBURG ACCEPTANCE • of - W Rom WSM p sy. F,0�'a THIS MAP WAS ACCEPTED BY THE TOWN Or KEENESBUR6,WELD COUNTY,COLORADO.AND THE TERRITORY THEREIN DESIGNATED,MADE PARR OF SAID TOWN Or KEENESBURO AND INCLUDED WITHIN THE UNITS AND JURISDICTION THEREOF THIS $ 0,3—s\ THIS N' _Dar a AD.2005 • _ $ • MAYOR 8 - ATTEST: - z TOWN CLERK 2,406,984.14; sq ft STATE OF COLORADO) 55.257 acres COUNTY OP WELD )sS I 714E FOREGOING NSTRUIIEHT WAS ACKNOWLEDGED BEFORE ME BY__ THIS_—DAY OF -=r`--- ----- trill E,,,m„J --- MY COMMISSION EXPRIE5:�_j_ 00 „Om AC-3712) ,.., NOTARY PUBLIC, -� togs' 5, Ow 1"HOW. "'""` Al SURVEYOR'S CERTIFICATE Ill Ow Ac heNaT91 z 1(I k L MARK F.CORDWDCE,A PROFESSIONAL LAND SURVEYOR TN THE STATE OF COLORADO.DO HEREBY CERTIFY THAT THE SURVEY REPRESENTED IT THIS PLAT WAS MADE BY ME OR UNDER NY SUPERVISION.AND THIS PLAT ACCURATELY Asst Mau M ICI 25'MN beMHAI G REPRESENTS SART SURVEY TO THE REST Or MY KNOWLEDGE AND BELIEF.THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH 5T ME TO DEMURE OWNERSHIP. FURTHERMORE THIS CERTIFIES THAT Al LEAST ONE-SIXTH(1/6)or THE ElY (w1 IN-3793) i0 PROPERTY SHOWN HEREON IS CONTIGUOUS WITH THE BOUNDARY OF THE TOWN OF KEENESBWIG. 1 Ale AN'ay III ' 01 64 J O MINX F.CORBRIDGE ' 1,271/.; WN 89'38.02'W 1240.00' y cDLDRAoo PLS 25ct9 .GENERAL NOTES I J�`�, r....We 1)ANY PERSON WHO KNOWINGLY REMOVES.ALTERS OR DEFACES ANT PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MOMIMENT OR ACCESSORY COMMITS A CLASS TWO(2)MISDEMEANOR PURSUANT TO COLORADO STATUTE I9-4-509 p ', .C.RS !, o V"AR-3,021 Z)THE USE OF HE WORD'CERTIFY OR'CERTIFICATION' BY A REGISTERED PROFESSIONAL:AND SURVEYOR Ni THE PRACTICE OF LAND SURVEYING CONSTITUTES AN EXPRESSION Or PROFESSIONAL OPINION REGARDING THOSE FACTS OF 0 0 R' 8 FINDINGS - ARE SUBJECT OF THE CERTIFTCATUN AND DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE,EITHER EXPRESSED OR IMPLIED. I o IL s 1 1106/001. OR O U s M'43..' p 8 11 e. Iq z PE z • i Io•r....WWII./Roy rI TOWN Ppw.JAn Inv 45-7164) _ -- _ '2020 TO Fl KIN _ _—'476.35 • ---� - NCR Ill MORE WELD COUNTY ROAD #18 1/2 N 89'38'03'4 746.29' RECTO.M.Taw RAIN rWRW:•NIA,w N 89-38'03'W 2634.6_2' cam'/4 Oplldl N.WHiC6 two 60500 Z5,Tor.Rev PIN or BASIS OF BEARINGS MW 11E5 POMP 00 - POr fl 600 - - - ANNEXATION TABLE _ ABSOLUTE SURVEYING. INCORPORATED COHTT000US BOUNDARY: 2.572.06' Professional Land Surveyors Phone (970) 203-1552 - Nance A arrr,p I.Colorado Ise you moot ALLOWABIi PERIMETER: 15.437.26' (f35 North Lincoln AvenUi, Suite 6, Loveland, Colorado 8053, ' commence mw Hoot action bawd woo 02 defect Project: SPARROW ANNEXATION In MN wove,ellin throe years NSW you TINA ACTUAL PERWETI:Tt ],]01.52' clinwer such WNW.In no omit may are action • - - bane 000n ally e.feef in Ms survey ea caeenoted - Client: BRUCE SPARROW ..v+Mae Nee Non Own Me 4Ple M TIN cMroelie.sbw',fowl. Drawn BY:LDO/GC I AeProwd Or MTV E Revklana: 1 Project No.02-20014 1[50/41 12-13-04 I Seal.:I"=200' I SINN No.1 of I Hello