HomeMy WebLinkAbout20043111.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING PETITION FOR THE ANNEXATION OF A
PORTION OF WELD COUNTY ROAD 33 TO THE CITY OF EVANS AND AUTHORIZE
CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with a Petition for the Annexation of a Portion of
Weld County Road 33, being more particularly described in said petition, to the City of Evans,
Colorado, and
WHEREAS,a public hearing was held on the 27th day of October,2004,for the purpose of
hearing public input on such matter,at which time,the Board deemed it advisable to continue said
matter to November 1, 2004, at 9:00 a.m., to allow staff time to ascertain the language to be
included in said petition, and
WHEREAS,at said hearing on November 1,2004,after review,the Board deems it advisable
to approve said petition, a copy of which is attached hereto and incorporated herein by reference,
conditional upon the following:
1. An agreement between the City of Evans and County of Weld shall be executed prior
to the date of the final hearing on the annexation to address the designation of a haul
route for any gravel mining operations which will be operating on properties annexed
to the City of Evans,road maintenance for those roadways which are part of the haul
route,mitigation of impacts to said roadways,and safety of persons traveling on said
haul route.
2. Failure to reach an agreement prior to the date of the final hearing on the annexation
shall result in the County of Weld withdrawing said petition.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the Petition for the Annexation of a Portion of Weld County Road 33 to the
City of Evans, be, and hereby is, approved, conditional upon the above.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said petition.
2004-3111
EG0050
l Q CM-Ws ,04)
PETITION FOR ANNEXATION TO CITY OF EVANS -WCR 33
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 1st day of November, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
IE IL® M ID.
RADO
a`186 Ti y Masden, Chair
Y o erk to the Board _)
OTT: m H. erke Pr -Tem
BY
Deputy Clerk to the Board
David E. L
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C'ou tiR omey igadittA
Glenn Wad
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2004-3111
EG0050
ri t 0 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
IlDWEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO October 13,2004
Robert Dean Ackerman
Donna Irene Ackerman
22935 WCR 33
La Salle, CO 80645
Re: Annexation of Portion of Weld County Road
33 by the City of Evans, Colorado
Dear Mr. and Mrs. Ackerman:
The City of Evans, Colorado, is asking the Board of County Commissioners of Weld County,
Colorado,to consider approving a Petition for Annexation for a portion of Weld County Road
("WCR") 33. The portion of WCR 33 at issue is adjacent to property owned by you or your
company. A map showing the road highlighted in yellow is enclosed. It is my understanding
from my conversations with Mr. Bruce Eisenhauer, Evans City Manager,that existing accesses
along the road will not be affected by the annexation.
The Board of County Commissioners will consider the Petition for Annexation at its meeting on
Monday, October 25, 2004, at 9:00 a.m. The Board's meeting will take place in its First Floor
Meeting Room at the Weld Centennial Center, 915 10th Street, Greeley, Colorado. Persons in
attendance may give testimony to the Board at that time.
If you have any questions regarding this letter or the enclosed,please call me at(970) 356-4000,
ext. 4390.
Sinely„,
L! i ,�
Bruce T.Barker
Weld County Attorney
Enc.
pc: Clerk to the Board
2004-3111
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WELD COUNTY ATTORNEY'S OFFICE
_ 915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
ONE: (970) 336-7235
C PH FAX: (970) 352-0242
October 13, zooa
COLORADO
Wetco Farms, Inc.
2055 1"Avenue
Greeley, CO 80631
Re: Annexation of Portion of Weld County Road
33 by the City of Evans, Colorado
Dear Sirs:
The City of Evans, Colorado, is asking the Board of County Commissioners of Weld County,
Colorado, to consider approving a Petition for Annexation for a portion of Weld County Road
("WCR") 33. The portion of WCR 33 at issue is adjacent to property owned by you or your
company. A map showing the road highlighted in yellow is enclosed. It is my understanding
from my conversations with Mr. Bruce Eisenhauer, Evans City Manager, that existing accesses
along the road will not be affected by the annexation.
The Board of County Commissioners will consider the Petition for Annexation at its meeting on
Monday, October 25, 2004, at 9:00 a.m. The Board's meeting will take place in its First Floor
Meeting Room at the Weld Centennial Center, 915 10th Street, Greeley, Colorado. Persons in
attendance may give testimony to the Board at that time.
If you have any questions regarding this letter or the enclosed,please call me at(970) 356-4000,
ext. 4390.
cerel�i
Bruce T. Barker
Weld County Attorney
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WEBSITE: www.co.weld.co.us
C. PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO October 13, 2004
Keith Beamer
23151 WCR 33
La Salle, CO 80645
Re: Annexation of Portion of Weld County Road
33 by the City of Evans, Colorado
Dear Mr. Beamer:
The City of Evans, Colorado, is asking the Board of County Commissioners of Weld County,
Colorado, to consider approving a Petition for Annexation for a portion of Weld County Road
("WCR") 33. The portion of WCR 33 at issue is adjacent to property owned by you or your
company. A map showing the road highlighted in yellow is enclosed. It is my understanding
from my conversations with Mr. Bruce Eisenhauer, Evans City Manager, that existing accesses
along the road will not be affected by the annexation.
The Board of County Commissioners will consider the Petition for Annexation at its meeting on
Monday, October 25, 2004, at 9:00 a.m. The Board's meeting will take place in its First Floor
Meeting Room at the Weld Centennial Center, 915 10'" Street, Greeley, Colorado. Persons in
attendance may give testimony to the Board at that time.
If you have any questions regarding this letter or the enclosed, please call me at(970) 356-4000,
ext. 4390.
Si ely,
ce T. Barker
Weld County Attorney
Enc.
pc: Clerk to the Board
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reskirry WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
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GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
0 FAX: (970) 352-0242
COLORADO October 13, 2004
Charter Farms LLC
c/o Richard Hill
16200 WCR 394
La Salle, CO 80645
Re: Annexation of Portion of Weld County Road
33 by the City of Evans, Colorado
Dear Mr. Hill:
The City of Evans, Colorado, is asking the Board of County Commissioners of Weld County,
Colorado,to consider approving a Petition for Annexation for a portion of Weld County Road
("WCR") 33. The portion of WCR 33 at issue is adjacent to property owned by you or your
company. A map showing the road highlighted in yellow is enclosed. It is my understanding
from my conversations with Mr. Bruce Eisenhauer, Evans City Manager, that existing accesses
along the road will not be affected by the annexation.
The Board of County Commissioners will consider the Petition for Annexation at its meeting on
Monday, October 25, 2004, at 9:00 a.m. The Board's meeting will take place in its First Floor
Meeting Room at the Weld Centennial Center, 915 10'h Street, Greeley, Colorado. Persons in
attendance may give testimony to the Board at that time.
If you have any questions regarding this letter or the enclosed,please call me at (970) 356-4000,
ext. 4390.
'nee ly
ce T. Barker
Weld County Attorney
Enc.
pc: Clerk to the Board
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COLORADO
September 29, 2004
Bruce Barker
County Attorney
Weld County
P.O. Box 758
Greeley, CO 80632
Dear Mr. Barker:
Enclosed please find the petition for the annexation of a portion of Weld County Road 33
to the City of Evans. This is our standard petition form. We will invoice the owner of the
adjacent GWE Annexation, not the County, for any costs associated with this annexation.
We have scheduled this county road annexation to be considered by the Evans City
Council in conjunction with the GWE Annexation on October 19, 2004. Also enclosed
are the annexation maps for your review.
If you do not have any changes you would like me to make, please have the petition
signed and mailed back to me. If the City Council approves the annexation I will provide
-mylars-of-the annexation-map-for signatures as well,
If you have any questions regarding this letter, please do not hesitate to call me at 475-
1118.
Sincerely,
/Jim Flesher
Senior Planner
City of Evans
Enclosures
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472
. Citj
CITY OF EVANS
1100 37TH STREET
EVANS, COLORADO 80620 COLORADO
(970) 475-1118 6010000.0.-
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 known as County Road 33 Annexations No. 1-4,
and in 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;
Please see attached.
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
fixture;
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 one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and
said landowners attesting to the facts and agreeing to the conditions herein
contained will negate the necessity of any annexation election;
7) No land held in identical ownership, whether consisting of one tract to 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 assesses value in
excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax
purposes for the year proceeding the annexation, is included within the
cRO o`er 3///
•
Page 2
Petition for Annexation
territory proposed to be annexed without the written consent of the
landowner or landowners.
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.R.S., as amended, is required.
X 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:
Water Districts Central Weld.
Sanitation District None
Fire District LaSalle Fire Protection District
School District Weld RE-1
Recreation District None
Library-District Weld ---_ -- -
Ambulance District Weld
Jr. College District None
Other Northern Colorado Water Conservancy District
11) The mailing address of each signer, the legal description of the land owned by
each signed and the date of signing of each signature are all shown on this
Petition;
12) Accompany 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;
Page 3
Petition for Annexation
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.
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
requirements as e€fectively-as if set forth inthis Petition; and
Check One:
X 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.
Page 4
Petition for Annexation
PETITION FOR ANNEXATION
cuted this 1st day of November , 20 04 .
Robert D. Masden, Chair a //
Board of Weld County Commissi r A
O. TTEST: A7 . 1 Gc.csZ(iliJ(
ELD COUNTY C THE OARD
Weld Count Government 861 �yc915 10th Street `
L Y:
Greeley, Colorado 80631 %-*._ DEPUTY L K T THE A D
Address \c411/1 '
SHARON
KAHL
The foregoing instrument was acknowledged before me this ' day48)
Nn. n-ne , A.D. 20 '9T''•• ... -• a9,
�OF C''O''
Witness my hand and official seal. My commission expires my enmmiceinn F p;.e<blay 15,1006
Notary Public
Pte erty Owner Property Owner
Address Address
The foregoing instrument was acknowledge ore me this day of
, A.D. 20
Witness my hand and official sea y commission expires
Notary Public
************* ************************************************* ***********
Office Use my
eceived Signed
Page 5
Petition for Annexation
DESCRIPTION-ANNEXATION NO. 1 (WELD COUNTY ROAD 33)
A tract of land being Weld County Road 33 and located in the Southwest One-Quarter(SW 1/4) of Section
Two(2)and the Southeast One-Quarter(SE 1/4) of Section Three(3), Township Four(4)North,Range
Sixty-Six(66)West of the 6th Principal Meridian,Weld County, Colorado,being more particularly
described as:
Considering the west line of the Southeast One-Quarter(SE 1/4)of said Section Two (2), to bear
South 00°02'25"East and all bearings contained herein relative thereto:
Beginning at a point on the westerly rights-of-way line of Weld County Road 33 and the southerly rights-
of-way line of Weld County Road 394 (Lincoln Highway),whence the West One-Quarter(W 1/4) Corner
of said Section Two (2)bears North 04°26'04"East, 384.50 feet; thence along the southerly rights-of-way
line of Weld County Road 394(Lincoln Highway), (LI) South 88°48'42"East, 30.01 feet to a point on the
west line of the Southeast One-Quarter(SE 1/4)of said Section Two (2); thence, (L3)North 84°31'34"
East, 30.14 feet to the easterly rights-of-way line of Weld County Road 33; thence, (L4) South 11°32'46"
West, 149.37 feet to the point on the west line of the Southeast One-Quarter(SE 1/4)of said Section Two
(2); thence, (L5)North 11°47'58"West, 147.20 feet to the Point of Beginning.
The above described tract contains 0.099 acres, more or less, and is subject to rights-of-way and/or
easements of record or as may now exist.
DESCRIPTION-ANNEXATION NO. 2(WELD COUNTY ROAD 33)
A tract of land being Weld County Road 33 and located in the Southwest One-Quarter(SW 1/4)of Section
Two(2) and the Southeast One-Quarter(SE 1/4) of Section Three(3), Township Four(4)North, Range
Sixty-Six(66)West of the 6th Principal Meridian,Weld County, Colorado,being more particularly
described as:
Considering the west line of the Southeast One-Quarter(SE 1/4)of said Section Two(2), to bear
South 00°02'25"East and all bearings contained herein relative thereto:
Beginning at a point on the westerly rights-of-way line of Weld County Road 33 and the southerly rights-
of-way line of Weld County Road 394 (Lincoln Highway), whence the West One-Quarter(W 1/4)Corner
of said Section Two (2)bears North 04°26'04"East, 384.50 feet; thence leaving the westerly rights-of-way
line of Weld County Road 33 and the southerly rights-of-way line of Weld County Road 394 (Lincoln
Highway), (L7) South 02°28'02"East, 708.46 feet to a point on the centerline of the Union Pacific
Railroad; thence, (L6)North 02°22'44"East, 710.67 feet to the easterly rights-of-way line of Weld County
Road 33;thence, (L4) South 11°32'46"West, 149.37 feet to the point on the west line of the Southeast
One-Quarter(SE 1/4) of said Section Two (2); thence, (L5)North 11°47'58"West, 147.20 feet to the
Point of Beginning.
The above described tract contains 0.388 acres, more or less, and is subject to rights-of-way and/or
easements of record or as may now exist.
DESCRIPTION-ANNEXATION NO. 3 (WELD COUNTY ROAD 33)
A tract of land being Weld County Road 33 and located in the Southwest One-Quarter(SW 1/4) of Section
Two (2) and the Southeast One-Quarter(SE 1/4) of Section Three(3) and the North One-Half Northeast
One-Quarter(N 1/2 NE 1/4)of Section Ten (10)and the North One-Half Northwest One-Quarter(N 1/2
NW 1/4)of Section Eleven (11), Township Four(4)North, Range Sixty-Six (66) West of the 6th Principal
Meridian,Weld County, Colorado,being more particularly described as:
Page 6
Petition for Annexation
Considering the west line of the Southeast One-Quarter(SE 1/4)of said Section Two(2), to bear
South 00°02'25"East and all bearings contained herein relative thereto:
Beginning at a point on the westerly rights-of-way line of Weld County Road 33 and the southerly rights-
of-way line of Weld County Road 394 (Lincoln Highway)whence the West One-Quarter(W 1/4)Corner
of said Section Two(2)bears North 04°26'04"East, 384.50 feet;thence leaving the westerly rights-of-way
line of Weld County Road 33 and the southerly rights-of-way line of Weld County Road 394 (Lincoln
Highway), (L7) South 02°28'02"East, 708.46 feet to a point on the centerline of the Union Pacific
Railroad; thence, (L6)North 02°22'44"East, 710.67 feet to a point the easterly rights-of-way line of Weld
County Road 33 and the southerly rights-of-way line of Weld County Road 394 (Lincoln Highway); thence
along the easterly rights-of-way line of Weld County Road 33, South 00°02'25" East, 2398.90 feet; thence
leaving the easterly rights-of-way line of Weld County Road 33, South 02°22'24"West, 663.85 feet to the
point on the west line of the Southeast One-Quarter(SE 1/4)of said Section Two(2); thence,
North 02°48'23"West, 663.99 feet westerly rights-of-way line of Weld County Road 33; thence along the
westerly rights-of-way line of Weld County Road 33,North 00°02'25" West, 2396.74 feet to the Point of
Beginning.
The above described tract contains 3.271 acres, more or less, and is subject to rights-of-way and/or
easements of record or as may now exist.
DESCRIPTION-ANNEXATION NO. 4 (WELD COUNTY ROAD 33)
A tract of land being Weld County Road 33 and located in the North One-Half Northeast One-Quarter(N
1/2 NE 1/4)of Section Ten(10) and the North One-Half Northwest One-Quarter(N 1/2 NW 1/4)of
Section Eleven(11), Township Four(4)North,Range Sixty-Six (66)West of the 6th Principal Meridian,
Weld County, Colorado,being more particularly described as:
Considering the west line of the Southeast One-Quarter(SE 1/4)of said Section Two(2), to bear
South 00°02'25"East and all bearings contained herein relative thereto:
Beginning at North One-Sixteenth(N 1/16) Corner of said Section Ten(10) and said Section Eleven(11);
thence along the south line of the North One-Half Northeast One-Quarter(N 1/2 NE 1/4)of said Section
Eleven(11),
North 89°54'30"East, 30.00 feet;thence along the easterly rights-of-way line of Weld County Road 33,
North 00°13'01"West, 1326.46 feet;thence leaving the easterly rights-of-way line of Weld County Road
33,
South 02°22'24"West, 663.85 feet to the point on the west line of the North One-Half Northeast One-
Quarter
(N 1/2 NE 1/4)of said Section Ten(10);thence,North 02°48'23"West, 663.99 feet to the westerly rights-
of-way line of Weld County Road 33;thence along the westerly rights-of-way line of Weld County Road
33,
South 00°13'01"East, 1326.46 feet; thence leaving the westerly rights-of-way line of Weld County Road
33,
North 89°54'30"East, 30.00 feet to the Point of Beginning.
The above described tract contains 1.370 acres, more or less, and is subject to rights-of-way and/or
easements of record or as may now exist.
,
COLORADO
811111
September 23, 2004
Charter Farms, LLC
c/o Richard Hill
16200 WCR 394
La Salle, CO 80645
Dear Mr. Hill:
State law requires that the City of Evans notify you of the upcoming public hearing for an
annexation of public roadway (Weld County Road 33), since Charter Farms, LLC, owns
property abutting this roadway and since this roadway is being considered for annexation
in order to meet the contiguity requirements of the Municipal Annexation Act of 1965, as
amended.
Therefore, you are hereby notified that on October 19, 2004, at 7:30 p.m. the City of
Evans will hold a public hearing at 1100 37th Street, Evans, Colorado, regarding petitions
to annex to the City of Evans the property described in the attached documents.
If you have any questions regarding this letter, please do not hesitate to call me at (970)
475-1112.
Sincerely, 614 1/4 /le
Jana Easley
Planner I
City of Evans
Enclosures:
Vicinity map
Annexation map & legal descriptions
Sections 31-12-105 & 107 of the Colorado Revised Statutes
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472
COLORADO
September 23, 2004
Wetco Farms Inc.
2055 1st Ave.
Greeley, CO 80631
Dear Sir or Madam:
State law requires that the City of Evans notify you of the upcoming public hearing for an
annexation of public roadway (Weld County Road 33), since Wetco Farms Inc. owns
property abutting this roadway and since this roadway is being considered for annexation
in order to meet the contiguity requirements of the Municipal Annexation Act of 1965, as
amended.
Therefore, you are hereby notified that on October 19, 2004, at 7:30 p.m. the City of
Evans will hold a public hearing at 1100 37`h Street, Evans, Colorado, regarding petitions
to annex-to the City ofEvans-the-property described;a-the- ttached documents.
If you have any questions regarding this letter, please do not hesitate to call me at (970)
475-1112.
Sincerely,
ana Easley
Planner I
City of Evans
Enclosures:
Vicinity map
Annexation map & legal descriptions
Sections 31-12-105 & 107 of the Colorado Revised Statutes
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472
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