HomeMy WebLinkAbout20043443.tiff RESOLUTION
RE: APPROVE PETITION FOR THE ANNEXATION OF A PORTION OF WELD COUNTY
ROAD 33 ANNEXATION NUMBERS 5,6, 7 AND 8 AND AUTHORIZE CHAIR TO SIGN -
CITY OF EVANS
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 Annexation Numbers 5,6,7 and 8, being more particularly described in said
petition, to the City Council of the City of Evans, Colorado, and
WHEREAS, after review, the Board deems it advisable to approve said petition, a copy of
which is attached hereto and incorporated herein by reference.
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
Annexation Numbers 5, 6, 7 and 8, being more particularly described in said petition, to the City
Council of the City of Evans, Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said petition.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of December, A.D., 2004.
4 Es La BOARD OF COUNTY COMMISSIONERS
• WELD COUNTY, COLORADO
1861 e MAcitt \\W_
t , �/ Robert D. Masden, Chair
Vtfe&Co my Clerk to the Board
4 , William H. rke, Pro-Tem
BY: 12
Deputy Clerk to the Board la-/
M. J. Geile
APPROV AS T
EXCUSED
David E Long
()Linty Att r
Glenn Vaa
Date of signature: _II,*
2004-3443
EG0050
City of
COLORADO
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended,hereby petition the
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. 5-8,
and in support of said Petition, 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
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 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
2004-3443
Page 2
Petition for Annexation
purposes for the year proceeding the annexation, is included within the
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 effectively as if set forth in this 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
Executed this t
Rh day of December , 20 04 .
4.W
eiiProperty Owner Robert D. E� �` ATTEST: a" 1 ami
Board of Weld County Commis ir e
WELD COUNTY CLERK TOT E BOARD
001
Weld County Government / =;: �
t86t ; A�.� by:
915 10th Street
Greeley, CO 80631 1 � DEPUTY CLE K T THE BOARD
Address v s U N e
The foregoing instrument was acknowledged before me this day of
, A.D. 20
Witness hand and official seal. My commission expires
Notary Public
Property Owner Property wner
Address Address
The foregoing instrument was a owledged before me this day of
, A.D. 20
Witness my hand and o icial seal. My commission expires
Notary Public
******** *************************************************************** **
Office se Only
Received Signed
dm9— 3Pf.3
Page 5
Petition for Annexation
DESCRIPTION-COUNTY ROAD 33 ANNEXATION NO. 5
A tract of land being Weld County Road 33 and located in the Southeast One-Quarter Northeast One-Quarter(SE
1/4 NE 1/4) of Section Ten(10)and the Southwest One-Quarter Northwest One-Quarter(SW 1/4 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 Southwest One-Quarter(SW 1/4)of said Section Eleven(11),to bear South
00°01'35"East and all bearings contained herein relative thereto:
Beginning at the North One-Sixteenth(N 1/16)Corner of said Section Ten(10)and Eleven(11);thence along the
north line of the Southeast One-Quarter Northeast One-Quarter(SE 1/4 NE 1/4) of Section Ten(10), (Ll) South
89°54'39"West, 30.00 feet to a point on the westerly rights-of-way of Weld County Road 33; thence leaving the
westerly rights-of-way line of Weld County Road 33,
(L2)South 11°53'26"East, 148.13 feet to a point on the west line of the Southeast One-Quarter Northeast One-
Quarter
(SE 1/4 NE 1/4)of said Section Ten(10);thence,(L3)North 11°29'18"East, 148.01 feet to the easterly rights-of-
way line of Weld County Road 33 and north line of the Southwest One-Quarter Northwest One-Quarter(SW 1/4
NW 1/4)of said Section Eleven(11);thence,(L4)South 89°54'39"West, 30.00 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-COUNTY ROAD 33 ANNEXATION NO. 6
A tract of land being Weld County Road 33 and located in the Southeast One-Quarter Northeast One-Quarter(SE
1/4 NE 1/4)of Section Ten(10)and the Southwest One-Quarter Northwest One-Quarter(SW 1/4 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 Southwest One-Quarter(SW 1/4)of said Section Eleven(11),to bear South
00°01'35"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 north line of the Southeast
One-Quarter Northeast One-Quarter(SE 1/4 NE 1/4)of Section Ten(10)whence the North One-Sixteenth(N 1/16)
Corner of said Section Ten(10)and Eleven(11)bears(Ll) South 89°54'39"East,30.00 feet;thence leaving the
westerly rights-of-way line of Weld County Road 33,(L2) South 11°53'26"East, 148.13 feet to a point on the west
line of the Southeast One-Quarter Northeast One-Quarter
(SE 1/4 NE 1/4)of said Section Ten(10);thence,(L3)North 11°29'18"East, 148.01 feet to the easterly rights-of-
way line of Weld County Road 33 and a point on the north line of the Southwest One-Quarter Northwest One-
Quarter(SW 1/4 NW 1/4)of said Section Eleven(11);thence leaving the easterly rights-of-way line of Weld County
Road 33 and a point on the north line of the Southwest One-Quarter Northwest One-Quarter(SW 1/4 NW 1/4)of
said Section Eleven(11), South 02°08'51"West,730.56 feet to the point on the west line of the Southwest One-
Quarter Northwest One-Quarter(SW 1/4 NW 1/4)of said Section Eleven(11);thence,
North 02°33'33"West, 730.68 feet to the Point of Beginning.
The above described tract contains 0.403 acres,more or less, and is subject to rights-of-way and/or easements of
record or as may now exist.
Page 6
Petition for Annexation
DESCRIPTION-COUNTY ROAD 33 ANNEXATION NO. 7
A tract of land being Weld County Road 33 and located in the East One-Half(E 1/2)of Section Ten(10)and the
West One-Half
(E 1/2)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 Southwest One-Quarter(SW 1/4)of said Section Eleven(11), to bear South
00°01'35"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 north line of the Southeast
One-Quarter Northeast One-Quarter(SE 1/4 NE 1/4)of Section Ten(10)whence the North One-Sixteenth(N 1/16)
Corner of said Section Ten(10)and Eleven(11)bears(Ll)South 89°54'39"East,30.00 feet;thence along the
westerly rights-of-way line of Weld County Road 33, South 00°12'21"East, 1325.83 feet;thence,leaving the
westerly rights-of-way line of Weld County Road 33,
South 01°29'19"East, 1326.63 feet to a point on the west line of the Southeast One-Quarter(SE 1/4)of said Section
Ten(10);thence,North 01°06'10"East, 1326.63 feet to the easterly rights-of-way line of Weld County Road 33;
thence along the easterly rights-of-way line of Weld County Road 33,North 00°12'21"West, 1325.72 to a point on
the north line of the Southwest One-Quarter Northwest One-Quarter(SW 1/4 NW 1/4)of said Section Eleven(11);
thence leaving the easterly rights-of-way line of Weld County Road 33 and a point on the north line of the Southwest
One-Quarter Northwest One-Quarter(SW 1/4 NW 1/4)of said Section Eleven(11), South 02°08'51"West, 730.56
feet to the point on the west line of the Southwest One-Quarter Northwest One-Quarter
(SW 1/4 NW 1/4)of said Section Eleven(11);thence,North 02°33'33"West,730.68 feet to the Point of Beginning.
The above described tract contains 2.237 acres,more or less,and is subject to rights-of-way and/or easements of
record or as may now exist.
DESCRIPTION-COUNTY ROAD 33 ANNEXATION NO. 8
A tract of land being Weld County Road 33 and located in the East One-Half(E 1/2)of Section Ten(10)and the
West One-Half
(E 1/2)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 Southwest One-Quarter(SW 1/4)of said Section Eleven(11), to bear South
00°01'35"East and all bearings contained herein relative thereto:
Beginning at a point on the north rights-of-way line of Weld County Road 46 whence the Southeast(SE)Corner of
said Section Ten(10)bears(L7) South 00°11'35"East, 30.00 feet;thence along the northerly rights-of-way line of
Weld County Road 46,
(L5)South 89°14'18"West, 30.00 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,North 00°11'35"West,2622.88 feet; thence leaving the
westerly rights-of-way line of Weld County Road 33, South 01°29'19"East, 1326.63 feet to a point on the west line
of the Southeast One-Quarter(SE 1/4)of said Section Ten(10);thence,North 01°06'10"East, 1326.63 feet to the
easterly rights-of-way line of Weld County Road 33;thence along the rights-of-way line of Weld County Road 33,
South 00°11'35"East, 2622.49 to a point on the northerly rights-of-way line of Weld County Road 46;thence,(L6)
South 89°36'49"West,30.00 feet to the Point of Beginning.
The above described tract contains 2.699 acres,more or less, and is subject to rights-of-way and/or easements of
record or as may now exist.
COLORADO
J #
November 22, 2004
Bruce Barker
County Attorney
Weld County
P.O. Box 758
Greeley, CO 80632
Dear Bruce:
Enclosed please find the map for the annexation of County Road 33 south to County
Road 46. I've also enclosed a hard copy of the petition that I emailed to you. Please let
me know if you have questions or need additional information.
Jim Flesher
Senior Planner
City of Evans
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472
File contains
oversized map
Please see original file
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