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HomeMy WebLinkAbout20033233 THE TOWN OF NUNN, COLORADO "-""" ' Office of Clerk and Treasurer 185 Lincoln Avenue, P.O. Box 171 Nunn, Colorado 80648 October 13 2003 li � Phone: 970-897-2385 Fax: 970-897-2540 The Town of Nunn has received the following item for review: Applicant: Leroy&Peggy Bellmore Project: Annexation Legal: See attached Public Hearing: November 13,2003 7:00 p.m. This Petition for annexation is submitted to you for review and recommendation. Any comments or recommendations you may have would be appreciated. Please reply by the date above so that we may give full consideration to your recommendation. Any response not received before the Public Hearing will be deemed to be a positive response to the application. If you have any further question regarding the application,please call the Town of Nunn. ❑ We have reviewed the request and find no conflicts with our interests. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan. ❑ See attached letter. Comments: Signature: Date: Agency: p,„{ <_., c_. .-- -{;,.;, ,,,c, // - `7 t-/- 0 3 00 : 004S0 2003-3233 / PUBLIC NOTICE PLEASE TAKE NOTICE that there will be a public hearing before the Board of Trustees of the Town of Nunn, pursuant to Resolution No. 2003-03, attached hereto as Exhibit A and made apart hereof; to determine if the area proposed for annexation to the Town of Nunn set forth in said Resolution meets the applicable requirements of C.R.S. 31-12-104 and C.R.S. 31-12-105, as amended, and is considered eligible for annexation to the Town of Nunn, Colorado. DATE OF PUBLIC HEARING: November 13, 2003 TIME: 7:00 p.m. or as soon thereafter as it may be heard PLACE: Town Board Meeting Room Nunn Town Hall 185 Lincoln Avenue Nunn, CO 80648 At the public hearing, any person living within the area proposed to be annexed, any landowner of the lands therein, any resident of the.Town of Nunn, or any other interested person may appear and present evidence upon any matter to be determined by the Board of Trustees. TOWN OF NUNN,COLORADO By: Annita Alvarez,Town Clerk Date: Oa. &, QDo 3 To be published in the North Weld Herald on October 9, 16, 23, and 30, 2003. TOWN OF NUNN RESOLUTION NO. .?QO3 -c FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR BELLMORE NORTH AND WEST ANNEXATION WHEREAS, a written petition, together with five (5) prints of an annexation map, was heretofore filed with the Town Clerk requesting the annexation of certain property to be known as the BELLMORE ANNEXATION, more particularly described as situate in the County of Weld, State of Colorado,to wit: See attached Exhibit A WHEREAS, The Town Board desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF NUNN, COLORADO: Section 1. That the Town board hereby accepts said annexation petition, finds and determines that the annexation petition and accompanying map are in substantial compliance with CRS 31-12-107,and desire to initiate annexation proceedings in accordance with law. Section 2. The Town Board shall hold a hearing to determine if the proposed annexation complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS. A hearing shall be held on the 1314 day of N.peen kn.. , 2003, in the Board meeting room of the Town of Nunn, 185 Lincoln Avenue,Nunn, Colorado,at 7:00 p.m. Section 3. •The Town Clerk shall publish notice of such hearing once per week for four (4) successive weeks in the N,,,.rh Maid Nero i€ , with the first publication at least thirty (30) days prior to the date of the hearing. The Town Clerk shall also send a copy of this resolution and the petition for annexation to the Clerk to the Board of County Commissioners, the County Attorney and to any special district or school district within the area proposed for annexation. PASSED,APPROVED AND ADOPTED this 2nd day of October,2003. TOWN OF NUNN,COLORADO ATTEST: ) /) /1 By:Mayor eBayn. �w,y.� Mayor Duane Bayne Town Clerk Annita Alvarez PETITION FOR ANNEXATION TO THE TOWN OF NUNN The undersigned, in accordance with Article 12, Chapter 31, C.RS., as amended, hereby petition the Town Board of Trustees of the Town of Nunn, Colorado, for annexation to the Town of Nunn the unincorporated territory more particularly described below, currently known as THE BELLMORE NORTH AND WEST ANNEX , and in support of said Petition,your petitioners alleges that: 1. It is desirable and necessary that the following describe territory be annexed to the Town of Nunn, Colorado. See Exhibit"A" attached hereto and made a part hereof. 2. A community of interest exists between the territory proposed to be annexed and the Town of Nunn, Colorado. 3. The territory proposed to be annexed is urban or will be urbanized in the near future. 4. The territory proposed to be annexed is integrated or is capable of being integrated with the Town of Nunn, Colorado. 5. 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. 6. 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: (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 dedicated sti eet, road, or other public way. (b) Comprising twenty(20) acres or more and which, together with the building and improvements situated thereon has an assessed value in excess of Two Hundred Thousand Dollars($200,000.00)for ad valorem tax purposes to be annexed without the written consent of the landowner or landowners. 7. No part of the area proposed to be annexed is more than three(3)miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place. 8. The area proposed to be annexed comprises more than ten(10) acres and an impact report as provided in Section 31-12-105.5, C.RS., as amended, is required. 9. The area proposed to be annexed is located within Weld County, School District RE9, Northern Colorado Water Conservancy District,North Weld Water District, Nunn Fire Protection District, Aims Junior College District, and Weld County Library District, and no others. 10. The Mailing address of each signer, the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition. Leroy and Peggy Bellmore 13480 WCR 100 Nunn, CO 80648 11. Accompanying this petition are five(5)prints of the area proposed to be annexed and 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, such map prepared and containing the seal of a registered engineer or land surveyor. (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 at the time of the effectiveness of the annexation(as opposed to after such effectiveness), then the boundaries and the plat number of plots or of lots and blocks are shown. (d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Nunn, 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. 12. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. 13. The undersigned agree to the following conditions which shall be covenants running with the land and which shall, at the option of the Town, appear on the annexation map. (a) Water rights shall be provided as mutually agreed to by the Town and the undersigned: The undersigned specifically agree that they have not sold or transferred any water rights appurtenant to their property within the past year or will they do so during the pendency of this annexation petition and once annexed to the Town of Nunn, they will not sell or transfer any water rights appurtenant to the subject property without the prior written approval of the Nunn Board of Trustees. (b) The owners shall participate in providing drainage plan and improvements and payment of a unit drainage fee as may be required by the Town for the area. (c) The undersigned herby waive any and all"vested rights"previously created pursuant to Section 24-68-103, C.R.S., as amended. (d) The undersigned and the Town may enter into an Annexation Agreement prior to the effective date of this annexation, which Agreement shall be additional conditions as effectively as if set forth in this Petition. 14. Petitioner represents that: (Check one) XX_ No part of the property to be annexed is included with any site specific development plan by Weld County, Colorado. A site specific development plan has been approved by Weld County, Colorado, which has created a vested right. 15. Submitted with this Petition is the required annexation fee of$100.00. EXECUTED this I SS" day of Oaaber , 20 03 . LeRoy A- &I1Marl By: P Y zi; Be//more N Tide: O/,e j..-c BELLOMORE NORTH AND WEST ANNEXATION Name of Annexation STATE OF COLORADO ) ) ss. COUNTY OF WELD ) SUBSRIBED AND SWORN to before me this le' day of OcJ.aea 2003 , by Lcw1 i e3yy )e.Ilvn.re. as Owners of'proge6ed AnnexnAron WITNESS my hand and official seal. deccA V./ NpTAgY Is at\ pti8 L tG Notary Public M33etnisstongv , 1124 ',nn nnnnN'N AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath , deposes and says: That he/she was the circulator of the foregoing Petition for Annexation of the lands to the Town of Nunn,Colorado,consisting of (-/- pages,including this page, and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. /✓ Circular STATE OF COLORADO ) ) ss. COUNTY OF WELD ) I, The foregoing Affidavit of Circulator was subscribed and sworn to before me this 5F k day of ,. -vva , A.D., &W 3 ,by - t cl Lt1a vLS . WTNESS my hand and official seal. vv JUDITH (3. K. EVANS NOTARY PUBLIC STATE OF COLORADO _ t , , t c 4 K 3 &--.t o MY Conmiox. - ^a??e/2o0s ar"y Public My commission expires: o9 /a bov_� BELLMORE ANNEXATION OCTOBER 7, 2003 ANNEX#1 BEGINNING AT THE CENTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. THENCE ANNEXING THE 60 FOOT RIGHT-OF-WAY(ROW) OF WELD COUNTY ROAD (WCR)29 'h WHICH LIES IN THE NORTH HALF OF SECTION 28. MORE SPECIFICALLY THE EAST 30 FOOT OF THE NORTHWEST QUARTER OF SECTION 28 ALONG THE EAST LINE OF SAID QUARTER AND THE WEST 30 FOOT OF THE NORTHEAST QUARTER OF SECTION 28 ALONG THE WEST LINE OF SAID QUARTER OF SECTION 28 THENCE ANNEXING THE 60 FOOT ROW OF WCR 102 FROM THE NORTH CENTER CORNER OF SECTION 28 TO THE NORTHEAST CORNER OF SECTION 28 MORE SPECIFICALLY THE NORTH 30 FOOT OF THE NORTHEAST QUARTER OF SECTION 28 AND THE SOUTH 30 FOOT OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 66 WEST. ANNEX#2 THE NORTH HALF AND THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO. EXEPT THAT PORTION OF THE EASTERN MOST 30 FOOT OF THE EAST HALF OF SECTION 21 AND THE NORTHERN MOST 30 FOOT OF THE NORTH HALF OF SECTION 21 AND EXEPT THAT PORTION WHICH LIES WEST OF THE RAILROAD ROW IN THE NORTHWEST QUARTER OF SECTION 21 ANNEX#3 (NUNN CEMETARY) THE PROPERTY IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 28 THENCE NORTH 90 00'00" WEST, 379.44 FEET; THENCE SOUTH 00 00'00" WEST, 260.00 FEET; THENCE SOUTH 90 00'00" EAST, 379.44 FEET; THENCE NORTH 00 00'00"EAST, 260.00 FEET TO THE POINT OF BEGINNING ANNEX#4 THE WEST HALF OF SECTION 32, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO EXEPT THAT PORTION OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 32 AS DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 32; THENCE NORTH 90 00'00" WEST, 1283/7 FEET; THENCE SOUTH 00 00'00" WEST, 1067.13 FEET; THENCE NORTH 90 00'00"EAST, 1283.77 FEET; THENCE NORTH 00 00'00" EAST, 1067.13 FEET TO THE POINT OF BEGINNING AND EXEPT THAT PORTION OF THE SOUTHERN MOST 30 FOOT OF THE WEST HALF OF SECTION 32 AND THE WESTERN MOST 30 FOOT OF THE WEST HALF OF SECTION 32 ANNEX#5 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO THENCE ANNEXING THE 60 FOOT RIGHT-OF-WAY(ROW) OF WELD COUNTY ROAD (WCR) 27 WHICH LIES IN THE SOUTH HALF OF SECTION 30 AND SECTION 29 MORE SPECIFICALLY THE EASTERN MOST 30 FOOT OF THE SOUTHEAST QUARTER OF SECTION 30 ALONG THE EAST LINE OF SAID QUARTER OF SECTION 30 AND THE WESTERN MOST 30 FOOT OF THE SOUTHWEST QUARTER OF SECTION 29 ALONG THE WEST LINE OF SAID QUARTER OF SECTION 29 ANNEX#6 THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 9 NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO EXEPT THAT PORTION OF THE SOUTHERN MOST 30 FOOT OF THE SOUTHEAST QUARTER OF SECTION 30 BELLMORE THIRD ANNEXATION TO THE TOWN OF NUNN �.rsF„:,,,ti�,_„:. NORTH 1/2&SE 1/4 SECT. 21;SE 1/4 SECT. 30;AND WEST 1/2 SECT. 32, EXCEPT .Ri Lo u;.a�rar: i"Fa. •::;�„ NORTHEAST CORNER;T-9-N, R-66-W, SIXTH P. M. w'"S ""°'°'i°a`a" '�� 'ms`s^ `'`F^`� ""`"no WELD COON ,COLORADO ' ==F' '-"'rte' 110.10100.11.0111 O r.m„ // / r�'..r. • .... mrr+m •F'-.S�i4•°ww•...".s. r,r.r.FFmrr• .rrr F yr==F...I.m.Y�yY.FMM. 1 ••••••, at SFr.M.Ym .... rzY„Y..YM..In.Y,rI,.YYn,.. a. Y..F.m.�F,mJ Ivan v.v.ore L. .. Fm. wad mw.Rood+m =sty a.... ' tat... .! • a— �, I ..e a ma horns ease_/rot a_.c . L I ,. ..'mu..._I { .Y. I II1 cr,.sraswmm4�a _Tarrt~ ti 31IF 29 P sms\NIrds i I _ 4=_ .. rran.. Twaa... 1 -tar air mwm.mruN m.. I.�,., BELLMORE ANNEXATION IMPACT REPORT August 2003 This proposed annexation to the Town of Nunn contains 928.5 acres+or-. 448.5 acres+ or- are to the west and adjacent to the Town of Nunn. 480 acres are to the northeast of the Town of Nunn and adjacent to the Towns cemetery. This report is provided as required by Section 31-12-108.5 CRS, as amended and contains information on the impact the proposed development may have on the current infrastructure and financial condition of the Town of Nunn. Section 1 —Maps and Utilities Enclosed is a map showing the vicinity of the Bellmore annexation"Exhibit A". The existing Town limit are hatched and the new limit lines are shown by a solid heavy line. The Town of Nunn has waterlines near much of the proposed annexation. The waterlines will be extended to the annexation properties as they develop. The Town of Nunn currently has no public sanitary sewer service. The annexation properties will provide private sanitary systems via septic systems. Section 2—Pre-annexation Agreement N/A Section 3—Providing Municipal Services/Infrastructure improvements The owners of the property would like to see a diversity of uses for which include; commercial, industrial, residential, multifamily, large lot residential and open space. The conceptual master plan shows the diversity planned for this property. These plans are strictly tentative, the property owner's intent is to annex first and consider development later. It is the developer's responsibility to extend adequate water service for fire protection and potable water needs to the proposed development. As stated before, sanitary sewer service will be provided by private septic systems. Dry utilities(telephone, gas, electric) will also be extended to the proposed development by the developer. Storm drainage, streets, sidewalks, and similar infrastructure will be the responsibility of the developer. The Town of Nunn staff will be reviewing proposed plans related to these items to ensure safe, adequate facilities and improvements are installed. Police protection is provided to the Town of Nunn is provided by the Weld County Sheriffs office. The Nunn Fire Protection District provides fire protection. The fire department will be active in all stages of development for safety standards. Any development within the Town of Nunn will comply with current standards and specifications. Section 4—Financing Extension of Municipal Services All infrastructure and utilities will be installed by the development at the developers cost. MI of the services provided by the Town will be financed through the existing source revenues and development fees. Section 5—Existing Taxing Districts Along with the Town of Nunn, the following districts are included in this annexation and have been notified as per CRS 31-12-108. Weld County Highland School District RE 9 North Weld County Water District Nunn Fire Protection District AIMS Junior College Weld Library West Greeley Soil NCW Water Section 6—Local Public School district Impact A conversation with a representative of the school district indicates this annexation provides the opportunity for many new residential units, which would increase the much needed enrollment of the school. The school district is in support of this annexation. Hello