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HomeMy WebLinkAbout20040990.tiff DON J . H O F F 1025 9TH AVENUE, SUITE 309 • GREELEY, COLORADO 80631 ATTORNEY AT LAW TELEPHONE 970-356-6767 • TELECOPIER 970-353-7504 February 19, 2004 Board of County Commissioners Weld County 915 10th Street Greeley, Colorado 80631 RE: TOWN OF PIERCE/FORCE ANNEXATION Enclosed please find the following regarding annexation of certain property to the Town of Pierce: 1. Petition for Annexation with attached property descriptions; 2. Vicinity maps showing the proposed annexation and the proximity to the existing Town of Pierce; 3. Map showing the proposed lots and streets. A portion of the property may be placed in a conservation easement granted to the Town; 4. Annexation Impact Report; 5. Resolution and Notice which are being published in the North Weld Herald. As you can see from the Resolution and Notice, a hearing to adopt the Ordinance annexing the property is scheduled for March 29, 2004 at 7:30 p.m. Sincerely, t j« Don J. Hoff i Attorney for the Town of Pierce DJH:th Enclosures M2) c j\--)evlett) 2004-0990 O3-03- 0y C0 ; C lSo ANNA[ATION PSTITION TO TS! MAYOR, AND BOARD Or T3 ems OF TIE TORN OF PIE ER, 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 Pierce for annexation into the Town of Pierce the territory described herein and described and shown on the map designated " Force 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 Pierce. 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 Pierce. B. A community of interest exists between the territory proposed to be annexed and the Town of Pierce. C. The territory sought to be annexed is urban or will be urbanized in the near future. O. The territory sought to be annexed is integrated or is capable of being integrated with the Town of Pierce. 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 been 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 8200. 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 or the land owner or land owners . 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 Pierce 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 Pierce. 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 (501) 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 man and certifies at least one-sixth (1/6) contiguity to the Town of Pierce. F. Acceptance block describing the acceptance action of Town of Pierce and providing for the effective date and Town Clerk and Mayor attest signatures. 10. Proof of ownership, such as a deed for title commitment for all owners. Attached 11. 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. No part of the territory to be annexed is more than three miles from a point on the municipal boundary. THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Pierce to annex the territory described and referred to in Exhibit "A" to the 'l'own of Pierce in accordance with, and pursuant to the statutes of the State of Colorado. Land Owner(s Nam) es) and Signature ~( ) Mailing Address Date Force Vro erties 1.1.C °:o Nolan Ulmer, Manager. 16529 WCR 70 Greeley 80631 y Q the foregoing signature(s) was/were subscribed and sworn to before me this '7 day of �t'Gi 20 O , by Witness my hand and official seal. N q My commission expires: 44;.::‘,4,. SEP..... FS :�y0TAR)" tly..,PUBLIC iP Notary Public • 9�pFC0�� My Commission Expires tA, EXHIBIT "A" DESCRIPTION FORCE ANNEXATION A parcel of land located in the Northwest One-Quarter(NW 1/4)of Section Twenty-Six (26), Township Eight (8)North, Range Sixty-Six (66) West of the 6th Principal Meridian, Weld County, Colorado and being part of Lot B, RE-3307 and being more particularly described as: Considering the east line of the Northwest One-Quarter(NW 1/4) of said Section Twenty-Six (26)to bear South 00°04'18" East, between monuments as shown on the plat, and all bearings contained herein relative thereto: Commencing at the North One-Quarter(N 1/4) Corner of said Section Twenty-Six (26); thence, South 00°04'1r East, 30.02 feet along the east line of the Northwest One-Quarter(NW 1/4) of said Section Twenty-Six (26) to the Point of Beginning; thence, South 00°04'18" East, 2310.87 feet along the east line of the Northwest One-Quarter(NW 1/4) of said Section Twenty-Six (26) - to the southeast corner of Lot B, RE-3307; thence, South 88°11'35" West, 1109.98 feet to the southwest corner of Lot B, RE-3307;thence, North 00°09'03" West, 587.06 feet along the east • line of the Cave and Priddy Addition to the Town of Pierce, Colorado to the southwest corner of Lot A, RE-3307; thence, North 89°50'40" East, 305.00 feet to the southeast corner of Lot A, RE- 3307; thence, North 00°09'03" West, 357.05 feet to the northeast corner of Lot A, RE-3307; thence, South 89°50'40" West, 305.00 feet to a point on the east line of the Cave and Priddy Addition to the Town of Pierce; thence, North 00°09'03" West, 1273.64 feet along the east line of the Cave and Priddy Addition to the Town of Pierce to the northeast corner of that tract described in the Weld County, Colorado records by Reception No. 2557330;thence, South 89°45'12" West, 329.97 feet; thence, North 00°09'20" West, 74.04 feet to a point on the existing south rights-of-way line of Weld County Road 90 being thirty (30) feet south of the north line of the Northwest One-Quarter NW 1/4) of said Section Twenty-Six (26); thence, North 87°47'48" East 1443.62 to the Point of Beginning. The above described parcel of land contains 56.95 acres, more or less, and is subject to rights-of- way and/or easements of record as recorded and/or as now exist. FORCE ANNEXATION TO TIM TOWN OF PERCE LOT 8, RE-1807, PART NW V4 SECTION 28, T. 8 N., R. 88 W., 8th P.N. LEO Sala WELD COUNTY, COLORADO a s-1 PO a N650 / r IMOIDOI cu .ST Ma ,p.�F�w g g VIIIV O rr aerie Pi aLI Ii II tier LL IRR IN a k k + VCR 90 23 / C \ ` 11 / tTlto l v omunis beta ccn bra S :: = :: o ::_:: CVRTN[Dml N. WANES am W� .daht `t w, a.wstwWMd•when all a pests w hhsrlhalb.M d a u,,ayy CA DDS®Walt 22 23 Irwy. 1'a= : :_ :: : : :: s:: _ : : _:. JYIY '9 tarn V 74th ti W°w+ : . . . 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ILUT Maletc a)MOW feet w eaa wrt�of Lot K-3.81)C tarot,owes rims r blurt.WNW • e .yh OmCT.CO•la \ .X• 0.0W whirr .�reh�stp toy..a southwest arm d Lot I.E-SS9y1 rnOn.Nora scorer Vest.MOM feet \ \ PPEECE1e,CO I.0? .evei.nt ma'w at r,eOF Let of a E-mw7,Priddy .YNorq was-Cost MN om of Pisa.us.r to w TOWN OF PIERCE • Q g lj�j \ northoost a,ar or amp,A.Raj, f m war Vert 25115 a>14W r«mm OS ..00h on \ COLORADO Z . a wt Ur of the 6w W May.WYaa to a Teas of Pima thence. cc • 22 • Na- h onto'Vest, 0271the41 feet as a wet the of t,r Caw taw Pa l.Wsa. WS \ O ® sal r•ew,M 4uptbhma Town of lace ttWa ISITAO Use. Sower WARM*V dated%wq lace, the ad Carty,Cando VI goad ronr Vest, 14 4 IM_m •0SIt en tM mesa math r�hlfaM-ea at of vw . M.0 al O1V 0/4)of•ss Soo t,Twerrt�-a WKt.MdYN f!'Ir fa ocuth of Me rah w45'C st 044345 of a t V7 w Oarmr G \ Q u Pant d n.e IM.. 5 o 5 Pvc.1 d IW osamtr Yn3 save. w.no N ‘ \ PART LOT B U It '�1 h0OY6 L W FLAK N e aapct <a rl , -o9-bey ardor.•4th.ata d rKYW a rwta•N uWor u.v at. $ RE-3307 q Plain.PO Iml DOL IT NW PLAT HAVOC LAIR WT CAD CAndoRS a IT TIM PE=ORS ON KT TO M TOWN Of iayeQb \ E a 76.95 1! ACRES f I t PQG CD WYIC NMI(WI SWIM MO PLATTED. M l'OMWL pDITtO-VAT 714 OWC2.W ass M ` GVC a MUDDY - 8 aaa8A Oa tK nor uc WO 54 MO s T \ — CON TOWN PIERCE — a. 2Ti \VI SLY.CO.0431 We do testy .net bold acts of land to 4e Ten of Pont, Veld Canty.Cobra th 77 • } \. a 26 25 sr AKE Parties, LL4 Nan Ma, Hager _ 27 26 �` -, 34 37 VCR 88 33 36 Nh➢Ie1tHtJG RI Pm.CO wm laMn r 10ELOWEbst The nu.pay 1eW:wnt vas•as-meas-d beat ne lies--day d t10S LOT 8 LOCATION MAP ,masse ny aald.ee maWL II �\ ACRES SCALE( 1'=IEEE' b cab al sopa DWar4:111 rte- Reny En \ a M MUT I J,.OL0dTT,rrrlr-4L'IDI \ \ 'I,O�a NVe.4 tw—Jay d 21�by Ys-GVa..r Pr a ran r Pea.Colorado / Jal y. \ — R \ /� �'.. an Damn \ \' WN beLL "�' r 716 .'a a eC L Os-w..: e.Yla rdnt-r-w rtpa n..Meer to bo .ay nw r radian R a aaaeum n w bee m neater�dwtaL w w m be S r_h.N'f MTOSL A¢vrrffi tM. on th The cta.yl N M e..ve.t vnl''d'u'W'w> be Ma N.Yw/ MRG2X� Aar than a a pmt AIMea..tM.EMI r rl� by a Moyer d M i.aa.of Piero,Cdaew. w as ` I Rpr�OWTIM I L CO fares to CapnM aw.you met Nara any Nal actin tam ® ` ®I ® 0 / Wan my defect M as survey an tree yet after you !M discovered I sd.defect In no event nay Oaf wan Wail.Ph any defect in this may. 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NY tag WILD COUNTY, COLORA00 IMPACT REPORT OF THE FORCE ANNEXATION The proposed annexation is known as the Force Annexation to the Town of Pierce and involves the annexation of approximately 56.95 acres of property as described in the property description attached hereto. The following information is provided with this report: A. An annexation map showing the annexation's proximity to the Town of Pierce. B. Map showing the present and proposed boundaries of the municipality and the vicinity of the proposed annexation. C. A map showing present streets, blocks and lots. Water mains are in the streets and sewer lines are in the alleys. D. The owners have proposed a residential development, but no specific development plan has been presented to the Town. E. All municipal services currently provided to residents of the Town of Pierce will be extended to the territory proposed to be annexed if development occurs. F. No draft annexation agreement is available. G. Water and sanitary sewer extensions, streets and all other infrastructure improvements will be built by the owner or developer at the time of development and no financing of such infrastructure improvements by the Town of Pierce is anticipated. H. The districts which exercise control over the property to be annexed include: 1. Aims Community College 2. Ault Fire Protection District 3. Northern Colorado Water Conservancy District 4. North Weld County Water District 5. Weld Library District 6. West Greeley Soil Conservation District DATED: `3 / 16 la 51 TOWN OF PIERCE, COLORADO USOLVTIOM 1-2004 A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF CERTAIN PROPERTY KNOWN AS THE "FORCE 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 PIERCE, COLORADO TO CONSIDER THE PROPOSED ANNEXATION. WHEREAS, the Board of Trustees received a petition for annexation of a certain parcel of property described on Exhibit "A" attached hereto and incorporated herein by this reference and commonly known as the "Force 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 PIERCE, COLORADO: Section 1. The Board of Trustees hereby accepts the petition for annexation of certain property described in Exhibit "A" attached hereto and commonly known as the "Force 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 is a parcel of property located in the Northwest Quarter of Section 26, Township 8 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado as more specifically set forth in Exhibit "A" attached hereto. Section 4 . The Board of Trustees hereby establishes a hearing date for the purpose of considering an ordinance annexing the property into the Town of Pierce and making such findings and determinations as may be proper regarding the proposed annexation. The public hearing will be conducted before the Board of Trustees at a special meeting an the 29th day of March , 2004 at the hour of 7i30 p.m. at the Pierce Town Hall ocated at 240 W. Main Street, inWEri, 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 of Pierce. Section 5. This Resolution shall be published together with a notice of the hearing herein established and such publication shall be published once each week for five weeks in the official newspaper of the Town of Pierce. PASSED, ADOPTED AND APPROVED this 9th day of February, 2004. TOWN OF PIERCE BY: r Y ATTEST: ERK NOTICE Notice is hereby given that on the 29th day of March,2004 at the hour of 7:30 P.M.,at the Pierce Town Hall,located at 240 W.Main Street,Pierce,Weld County,Colorado,the Board of Trustees of the Town of Pierce will hold a public hearing on the Petition for Annexation for the area known as the"Force Annexation". The property proposed to be annexed is described in the Exhibit "A" attached to this Notice. The Resolution fixing the foregoing hearing date accompanies this Notice. The hearing shall be for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of C.R.S. 31-12-104 and C.R.S. 31-12405 and Section 30 of Article II of the Colorado Constitution,to determine eligibility, and to determine if the area should be annexed to the Town of Pierce. The Petition for Annexation and accompanying map of the area proposed to be annexed are on file with the Town Clerk at the Town Hall located at 240 W. Main Street,Pierce,Colorado and may be inspected during normal business hours. GIVEN BY THE ORDER OF THE BOARD OF TRUSTEES OF THE TOWN OF PIERCE, COLORADO. •T BARBER TO -'LERK EXHIBIT"A" DESCRIPTION FORCE ANNEXATION A parcel of land located in the Northwest One-Quarter(NW 1/4)of Section Twenty-Six(26), Township Eight (8)North,Range Sixty-Six(66)West of the 6th Principal Meridian, Weld County, Colorado and being part of Lot B, RE-3307 and being more particularly described as: Considering the east line of the Northwest One-Quarter(NW 1/4)of said Section Twenty-Six (26)to bear South 00°04'18"East,between monuments as shown on the plat, and all bearings contained herein relative thereto: Commencing at the North One-Quarter(N 1/4) Corner of said Section Twenty-Six (26);thence, South 00°04'18"East, 30.02 feet along the east line of the Northwest One-Quarter(NW 1/4)of said Section Twenty-Six(26)to the Point ofBeginning; thence, South 00°04'18"East.2310.87 feet along the east line of the Northwest One-Quarter(NW 1/4)of said Section Twenty-Six(26) - to the southeast corner of Lot B,RE-3307; thence, South 88°1I'35"West, 1109.98 feet to the southwest corner of Lot B,RE-3307;thence,North 00°09'03"West, 587.06 feet along the east • line of the Cave and Priddy Addition to the Town of Pierce,Colorado to the southwest corner of Lot A, RE-3307;thence,North 89°50'40"East, 305.00 feet to the southeast corner of Lot A. RE- 3307;thence,North 00°09'03" West, 357.05 feet to the northeast corner of Lot A, RE-3307; thence, South 89°50'40" West,305.00 feet to a point on the east line of the Cave and Priddy Addition to the Town of Pierce;thence, North 00°09'03" West, 1273.64 feet along the east line of the Cave and Priddy Addition to the Town ofPierce to the northeast corner of that tract described in the Weld County, Colorado records by Reception No. 2557330;thence, South 89°45'12"West, 329.97 feet;thence,North 00°09'20" West, 74.04 feet to a point on the existing south rights-of-way line of Weld County Road 90 being thirty(30)feet south of the north line of the Northwest One-Quarter NW 1/4)of said Section Twenty-Six(26);thence, Notth 87°47'48"East 1443.62 to the Point of Beginning. The above described parcel of land contains 56.95 acres, more or less, and is subject to rights-of- way and/or easements of record as recorded and/or as now exist. Hello