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Home My WebLink About20032405.tiff r RESOLUTION RE: APPROVE FOUR PETITIONS TO THE TOWN OF LOCHBUIE, COLORADO, FOR THE ANNEXATION OF PORTIONS OF WELD COUNTY ROAD 39, BETWEEN 1-76 AND WELD COUNTY ROAD 6, 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 Town of Lochbuie, Colorado, has purchased a tract of property in the NW1/4 of Section 29, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado, which the Town intends to use for the location of a wastewater treatment plant, and the Town intends to annex said tract, and WHEREAS, the Town of Lochbuie has asked the Board to approve four petitions to the Town to annex portions of Weld County Road 39, between 1-76 and Weld County Road 6, so that the Town may then have sufficient contiguity to annex said tract, with copies of the maps showing said annexations of Weld County Road 39 attached hereto, and WHEREAS, after review, the Board deems it advisable to approve said petitions and to authorize the Chair to sign. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Petitions for Annexation, known as Petitions #3, #4, #5, and #6, for the annexation of portions of Weld County Road 39, between 1-76 and Weld County Road 6, to the Town of Lochbuie, Colorado, as shown on the attached maps, be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said Petitions for Annexation. 2003-2405 EG0047 RE: FOUR PETITIONS TO THE TOWN OF LOCHBUIE, COLORADO, FOR THE ANNEXATION OF PORTIONS OF WCR 39, BETWEEN 1-76 AND WCR 6 PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of August, A.D., 2003. BOARD OF COUNTY COMMISSIONERS /�/�� W COUNTY, COLO ADO ATTEST: �� id . Lon Ch it Weld County Clerk to the Board Ro ert D. den, Pro-Tem k to the Board • M. J. Geile Iasi (� _:' ` .— • 2, • William H. Jerke ttor ey Glenn Vaie Date of signature: 9 J--O 2003-2405 EG0047 PETITION FOR ANNEXATION (PART OF PROPERTY KNOWN AS WELD COUNTY ROAD 39) Petition #3 -_ TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO The undersigned landowner("Petitioner"), being the owner of more than fifty percent (50%) of the real property subject to this Petition, and in accordance with the provisions of Chapter 306, Colorado Session Laws, 1965, and known as the Municipal Annexation Act of 1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for annexation to the Town of Lochbuie the unincorporated territory situate and being in the County of Weld and State of Colorado, more specifically described in Exhibit A, attached hereto and by this reference made a part hereof. Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of _ Lochbuie, Colorado. 2. That the territory sought to be annexed to the Town of Lochbuie meets the requirements of Sections 31-12-104 and 105 as amended, of the Municipal Annexation Act of 1965, in that: a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Lochbuie, Colorado; and the contiguity is not established by use of any boundary of an area which was previously annexed to the annexing municipality, that was not contiguous at any point with the boundary of the Town of Lochbuie and was not located more than three (3)miles from the nearest boundary of the Town of Lochbuie, further contiguity is not established by use of any territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie, Colorado. c. That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie, Colorado. d. That no land in the territory sought to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate, or two or more contiguous 1 CAWINNTTemp\'etition 3 for Annex.wpd a —a9ds tracts or parcels of real estate shall be divided into separate parts or parcels without written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. To the extent that any such tracts or parcels are divided into separate parts or parcels by this Petition, Petitioner hereby consents to such division. e. That no land in the area proposed to be annexed,which is 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) or more acres (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of$200,000.00 for ad valorem purposes for the year next preceding the annexation) shall be included in the area to be annexed without the written consent of the landowners,unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. f. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. g. The annexation of the area proposed to be annexed shall not result in the detachment of area from any school district. h. The annexation of the area proposed to be annexed will not require extending the municipal boundary more than three (3)miles in any direction from any point of such municipal boundary in one year. 3. The Petitioner owns all of the territory included in the area proposed to be annexed, as shown on Exhibit A. 4. That submitted herewith are four(4)prints of the annexation map, containing a written legal description of the boundaries of the area proposed to be annexed, together with the location of each ownership within said area and the contiguous boundaries of the existing city limits and the dimensions thereof. 5. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to all ordinances, resolutions, rules and regulations of the Town of Lochbuie as of the effective date of said ordinance. Therefore, your Petitioner would respectfully request that the Board of Trustees of the Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed. 2 C:WTempwetition 3 for Annex.wpd Weld County, Colorado, a body politic and county organized under the laws of the State of Colorado, is the owner of the property described in Exhibit A, and hereby petitions the Town of Lochbuie for annexation of said property on the terms set forth in the Petition. BOARD OF COUNTY COMMISSIONERS E4,41;,. COUNTY OF WELD TA F COLORADO 1862 -tatitz ® itleChairman Board of Coun dZ-' ATTEST: 2 0 2003 iltify Mailing address: 915 10th Street Greeley, CO 80631 WELD COUNTY CLERK T THGGRD Date of signature: —o S BY: • DEPUTY CLER TO THE B AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age,who being first duly sworn upon oath, deposes and says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of Lochbuie, to the Weld County Board of Commissioners, and that the foregoing signature thereon was witnesses by your affiant and is the true signature of the person whose name it purports to be. By: Title: STATE OF COLORADO ) ) ss. County of Weld ) foregoing Affidavit of r was subscribed and sworn to before me this or a y of y Witness my hand an fficial seal. 'n SEAL Notary Public u commruion tggrn ra notIy commission expires: 4‘-/, seer 3 C:\WINNT\Temp\Peedon 3 for Annex.wpd • EXHIBIT A • DESCRIPTION OF ANNEXATION NO. 3 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 1 NORTH. RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 30, A P.1<. NAIL FOUND IN THE INTERSTATE 76 OVERPASS; THENCE NOO44'30"E ALONG THE EAST UNE OF SAID SECTION 30. 962.9CF FEET TO A POINT ON THE CENTER UNE OF RIGHT-CF-WAY FOR COUNTY ROAD NO. 39, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY UNE OF INTERSTATE 76, BEING THE EXISTING CORPORATE UNITS OF THE TOWN OF LOCNBUIE; THENCE ALONG SAID CORPORATE UNITS AND ALONG SAID NORTHERLY RIGHT-OF-WAY OF INTERSTATE 78, S37'25'30"W 50.22 FEET; THENCE N00'44'30'E ALONG THE WEST RIGHT-OF-WAY UNE OF COUNTY ROAD NO. 39, 1080.00 FEET; THFEIrs SI89'15'30"E 30.00 FEET TO EAST LINE OF SAID SECTION 30; THENCE SOO'44'30"W ALONG SAID EAST LINE 684.72 FEET, TO •A POINT ON THE EXISTING CORPORATE LIMITS OF THE TOWN OF LOCHBUIE; THENCE SOO*44'30"W ALONG SAID EXISTING CORPORATE LIMITS 335.05 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.717 ACRES MORE OR LESS. • 4 KAwr_DAriwm25010aub 1 3aNam* • 90'd SS:9T EOM. 8Z Jde DST9-L£8-£0£:x3 sunoffgzltn4S'6urp.H PETITION FOR ANNEXATION (PART OF PROPERTY KNOWN AS WELD COUNTY ROAD 39) Petition #4 TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO The undersigned landowner("Petitioner"), being the owner of more than fifty percent (50%) of the real property subject to this Petition, and in accordance with the provisions of Chapter 306, Colorado Session Laws, 1965, and known as the Municipal Annexation Act of 1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for annexation to the Town of Lochbuie the unincorporated territory situate and being in the County of Weld and State of Colorado, more specifically described in Exhibit A, attached hereto and by this reference made a part hereof. Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of Lochbuie, Colorado. 2. That the territory sought to be annexed to the Town of Lochbuie meets the requirements of Sections 31-12-104 and 105 as amended, of the Municipal Annexation Act of 1965, in that: a. Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Lochbuie, Colorado; and the contiguity is not established by use of any boundary of an area which was previously annexed to the annexing municipality, that was not contiguous at any point with the boundary of the Town of Lochbuie and was not located more than three (3) miles from the nearest boundary of the Town of Lochbuie, further contiguity is not established by use of any territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie, Colorado. c. That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie, Colorado. d. That no land in the territory sought to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate, or two or more contiguous 1 C:\WINN1\Temp\Petlrion 4 for Annex.wpd dOCS-a 05 tracts or parcels of real estate shall be divided into separate parts or parcels without written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street,road, or other public way. To the extent that any such tracts or parcels are divided into separate parts or parcels by this Petition, Petitioner hereby consents to such division. e. That no land in the area proposed to be annexed, which is 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) or more acres (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of$200,000.00 for ad valorem purposes for the year next preceding the annexation) shall be included in the area to be annexed without the written consent of the landowners, unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. f. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. g. The annexation of the area proposed to be annexed shall not result in the detachment of area from any school district. h. The annexation of the area proposed to be annexed will not require extending the municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in one year. 3. The Petitioner owns all of the territory included in the area proposed to be annexed, as shown on Exhibit A. 4. That submitted herewith are four(4)prints of the annexation map, containing a written legal description of the boundaries of the area proposed to be annexed, together with the location of each ownership within said area and the contiguous boundaries of the existing city limits and the dimensions thereof. 5. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to all ordinances,resolutions, rules and regulations of the Town of Lochbuie as of the effective date of said ordinance. Therefore,your Petitioner would respectfully request that the Board of Trustees of the Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed. 2 CAWINNTTempWetition 4 for Annex.wpd Weld County, Colorado, a body politic and county organized under the laws of the State of Colorado, is the owner of the property described in Exhibit A, and hereby petitions the Town of Lochbuie for annexation of said property on the terms set forth in the Petition. 71:7J- BOARD OF COUNTY COMMISSIONERS I; ti J. COUNTY OF WELD STAT F COLORADO 1861 ..'w .u' By: ® RI% 4/ Title • r �® ��" ! 2 0 2003 Mailing address: 915 10th Str ATTEST: Greeley, CO 80631 WELD UNTY CLERK TO TH BOARD Date of signature: g —O1 O — O 7 BY: DEPUTY CLERK TO THE BOARD AFFIDAVIT OF CIRCULATOR The undersigned,being of lawful age,who being first duly sworn upon oath, deposes and says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of Lochbuie,to the Weld County Board of Commissioners, and that the foregoing signature thereon was witnesses by your affiant and is the true signature of the person whose name it purports to be. By: Title: STATE OF COLORADO ) ) ss. County of Weld ) If foregoing Affidavit of Circulator was subscribed and sworn to before me this,Q� 'flay of , A.D., 2003, by Witness my hand and official seal. SEAL '' ary Public � `lb3y ommission expires: 7=-/ODDy u - off co%,t My Commission Expires April 10,2004 3 C:\WINN71Temp\petition 4 for Annex.wpd EXHIBIT A • DESCRIPTION OF ANNEXATION NO. 4 NAT PART OF THE SOUTHWEST QUARTER OF SECTION 29 AND THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 85 WEST OF THE sorn4 PRINCIPAL MERIDIAN, COUNTY Of WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29, A P.K. NAIL FOUND IN THE OVERPASS ON INTERSTATE 78; THENCE NOO'44'30`E ALONG THE WEST UNE OF- SAID SECTION 29, 1317.97 FEET TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SO WEST UNE 2113.88 FEET; THENCE S8915'30"E 30.00 FEET TO A PONT ON THE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD NO. 39; THENCE SOO'44'30"W ALONG SAID. EAST RIGHT-OF-WAY UNE 2113.88 FEET; THENCE N8915'30'W I 30.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1.456 ACRES MORE OR. LESS . _.. . I • • • 4 LiW►DATAafafl lDo„WniUr414Mnq.*$ rd 9S:91 £OOZ 8Z sill CST9-Z£8-£02: str annITI. W6uTp.iPH PETITION FOR ANNEXATION (PART OF PROPERTY KNOWN AS WELD COUNTY ROAD 39) Petition #5 TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO The undersigned landowner("Petitioner"),being the owner of more than fifty percent(50%) of the real property subject to this Petition, and in accordance with the provisions of Chapter 306, Colorado Session Laws, 1965, and known as the Municipal Annexation Act of 1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for annexation to the Town of Lochbuie the unincorporated territory situate and being in the County of Weld and State of Colorado, more specifically described in Exhibit A, attached hereto and by this reference made a part hereof. Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of Lochbuie, Colorado. 2. That the territory sought to be annexed to the Town of Lochbuie meets the requirements of Sections 31-12-104 and 105 as amended, of the Municipal Annexation Act of 1965, in that: a. Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Lochbuie, Colorado; and the contiguity is not established by use of any boundary of an area which was previously annexed to the annexing municipality, that was not contiguous at any point with the boundary of the Town of Lochbuie and was not located more than three (3) miles from the nearest boundary of the Town of Lochbuie, further contiguity is not established by use of any territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie, Colorado. c. That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie, Colorado. d. That no land in the territory sought to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate, or two or more contiguous 1 C:\WINN7\Temp\petition 5 for Annex.wpd avow--d44OS tracts or parcels of real estate shall be divided into separate parts or parcels without written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. To the extent that any such tracts or - parcels are divided into separate parts or parcels by this Petition, Petitioner hereby consents to such division. e. That no land in the area proposed to be annexed,which is 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) or more acres (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of$200,000.00 for ad valorem purposes for the year next preceding the annexation) shall be included in the area to be annexed without the written consent of the landowners, unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. f. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. g. The annexation of the area proposed to be annexed shall not result in the detachment of area from any school district. h. The annexation of the area proposed to be annexed will not require extending the municipal boundary more than three (3) miles in any direction from any point of such municipal boundary in one year. 3. The Petitioner owns all of the territory included in the area proposed to be annexed, as shown on Exhibit A. 4. That submitted herewith are four(4)prints of the annexation map, containing a written legal description of the boundaries of the area proposed to be annexed, together with the location of each ownership within said area and the contiguous boundaries of the existing city limits and the dimensions thereof. 5. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to all ordinances, resolutions, rules and regulations of the Town of Lochbuie as of the effective date of said ordinance. Therefore, your Petitioner would respectfully request that the Board of Trustees of the Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed. 2 C:\WINNI\Tempwetiuon 5 for Annex.wpd Weld County, Colorado, a body politic and county organized under the laws of the State of Colorado, is the owner of the property described in Exhibit A, and hereby petitions the Town of Lochbuie for annexation of said property on the terms set forth in the Petition. BOARD OF COUNTY COMMISSIONERS _.#�'` -2\l . / COUNTY OF WELD 0 =, STA F C LORADO 1 ttiTioissillel �' TitlQhairman, Board of Cou mmissioners � t )0 AUG 2 0 2003 Mailing address: 915 10th j\I�, ATTEST: Greeley, CO 80631 WELD COUNTY CLER TO E BOARD BY: Date of signature: g- 3 gn �©- EPUTY CLERK TO THE BOARD - AFFIDAVIT OF CIRCULATOR The undersigned,being of lawful age,who being first duly sworn upon oath, deposes and says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of Lochbuie, to the Weld County Board of Commissioners, and that the foregoing signature thereon was witnesses by your affiant and is the true signature of the person whose name it purports to be. By: Title: STATE OF COLORADO ) ) ss. County of Weldm 2Y ) e foregoing Affidavit of Circulator was subscribed and sworn to before me thi May of A.D., 2003,by A`f p(0 Witness my hand d. c'ial'se* NNA f /4-71?14e,(2.4A41} iLER t SEAL Notary Public JJ!! L/ op�oioQ.Y My commission expires: 7-/O—ar'7Dd r Yy Commission Expim April la 2004 3 C:\WQJNTrempTetition 5 for Annex.wpd EXHIBIT A : DESCRIPTION OF ANNEXATION NO. 5 THAT PART OF THE NORTHWEST QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, 9E1NO LORE PARTICULARLY DESCRWEQ AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29, A TWO INCH ALUMINUM CAP PLS NO. 25937 IN PLACE, BEING THE TRUE POINT OF BEGINNING; THENCE S00'44'30'W ALONG THE WEST UNE OF SAID SECTION 29, 1572.38 FEET; THENCE N28'30'51'E 64.38 FEET TO A POINT ON THE EAST RIGHT—OF—WAY LINE OF COUNTY ROAD NO. 39; THENCE SOO'44'3O'W ALONG SAID RIGHT—OF—WAY LINE 354.95 FEET; THENCE N8915'30"W 30.00 FEET TO THE WEST LINE OF SAID SECTION 29; THENCE 500'44'30'W ALONG SAID WEST UNE 1441,00 FEET; THENCE N89'i5'30'W 30.00 FEET TO 11E WEST RIGHT—OF—WAY UNE OF COUNTY ROAD NO. 39; THENCE NOO'44'30'E 3311:07 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 30: THENCE S8915'30-E ALONG SAID NORTH UNE 30.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING. 251 ACRES MORE OR LESS. • • • 4 XAw►whilnnusinDo"M.ctla 7 br*rant PT'd LS-9T £OOZ 8Z !Ism-L28-£0£:XEd su OTSZ;INS'6uTpJw( PETITION FOR ANNEXATION (PART OF PROPERTY KNOWN AS WELD COUNTY ROAD 39) -- Petition # 6 TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO The undersigned landowner("Petitioner"), being the owner of more than fifty percent (50%) of the real property subject to this Petition, and in accordance with the provisions of Chapter 306, Colorado Session Laws, 1965, and known as the Municipal Annexation Act of 1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for annexation to the Town of Lochbuie the unincorporated territory situate and being in the County of Weld and State of Colorado, more specifically described in Exhibit A, attached hereto and by this reference made a part hereof. Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as follows: 1. That it is desirable and necessary that such territory be annexed to the Town of Lochbuie, Colorado. 2. That the territory sought to be annexed to the Town of Lochbuie meets the requirements of Sections 31-12-104 and 105 as amended, of the Municipal Annexation Act of 1965,in that: a. Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town of Lochbuie, Colorado; and the contiguity is not established by use of any boundary of an area which was previously annexed to the annexing municipality,that was not contiguous at any point with the boundary of the Town of Lochbuie and was not located more than three (3)miles from the nearest boundary of the Town of Lochbuie, further contiguity is not established by use of any territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. b. A community of interest exists between the territory proposed to be annexed and the Town of Lochbuie, Colorado. c. That the territory proposed to be annexed is urban or will be urbanized in the near future and that the territory to be annexed is integrated or is capable of being integrated with the Town of Lochbuie, Colorado. d. That no land in the territory sought to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate, or two or more contiguous 1 C:\WINMI\Tempweuuon 6 for Annex.wpd &DD3`a4f05 tracts or parcels of real estate shall be divided into separate parts or parcels without written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. To the extent that any such tracts or parcels are divided into separate parts or parcels by this Petition, Petitioner hereby consents to such division. e. That no land in the area proposed to be annexed, which is 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) or more acres (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of$200,000.00 for ad valorem purposes for the year next preceding the annexation) shall be included in the area to be annexed without the written consent of the landowners, unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. f. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. g. The annexation of the area proposed to be annexed shall not result in the detachment of area from any school district. h. The annexation of the area proposed to be annexed will not require extending the municipal boundary more than three (3)miles in any direction from any point of such municipal boundary in one year. 3. The Petitioner owns all of the territory included in the area proposed to be annexed, as shown on Exhibit A. 4. That submitted herewith are four(4)prints of the annexation map, containing a written legal description of the boundaries of the area proposed to be annexed, together with the location of each ownership within said area and the contiguous boundaries of the existing city limits and the dimensions thereof. 5. That upon the Annexation Ordinance becoming effective, all lands within the area sought to be annexed shall become subject to all ordinances, resolutions, rules and regulations of the Town of Lochbuie as of the effective date of said ordinance. Therefore, your Petitioner would respectfully request that the Board of Trustees of the Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed. 2 C:\WINNT\Temp\Petition 6 for Annex.wpd My Commission Fxpirn;l.r..s I J.tddl 3 C:\WINN\Temp\Petition 6 for Annex.wpd Weld County, Colorado, a body politic and county organized under the laws of the State of Colorado, is the owner of the property described in Exhibit A, and hereby petitions the Town of Lochbuie for annexation of said property on the terms set forth in the Petition. Fr �1 BOARD OF COUNTY COMMISSIONERS S �" COUNTY OF WELD I +`� 1 00011l TAT OF COLORADO isa , `fir 1 iti hairman, Board of Cou Commissioners % ..�...i ATTEST: AUG 2 0 2003 Mailing address: 915 10th Street /! Greeley, CO 80631 WELD COUNTY CLERK T HE BOARD BY: Date of signature: e - 3-O-D 3 �DEPUTY( TO THE BOAR AFFIDAVIT OF CIRCULATOR The undersigned,being of lawful age, who being first duly sworn upon oath, deposes and says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of Lochbuie, to the Weld County Board of Commissioners, and that the foregoing signature thereon was witnesses by your affiant and is the true signature of the person whose name it purports to be. By: Title: STATE OF COLORADO ) ) ss. County of Weld ) The foregoing Affidavit of Circulator was subscribed and sworn to before me this 4'€2 day y of Witness my hand and o dal seal. ,0 SEAL Notary Public C/ My commission expires: 4/d-o70D 7 My Commission Expira;l.r..i ti.104 3 C:\WQJNfTemp\Petition 6 for Annex.wpd EXHIBIT A A PORTION OF ANNEXATION NO. 6 TO THE TOWN OF LOCHBUIE BEING THE EASTERLY HALF OF COUNTY ROAD 39 RIGHT-OF-WAY THAT PART OF THE NORTHWEST QUARTER OF SECTION 29,TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO;BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29,A TWO INCH ALUMINUM CAP IN PLACE, BEING THE TRUE POINT OF BEGINNING;THENCE N89°50'0T'E ALONG THE NORTH LINE OF SAID SECTION 29, 30.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD NO.39;THENCE S00°44'30"W ALONG SAID EASTERLY RIGHT-OF-WAY LINE, 1515.12 FEET;THENCE LEAVING SAID EASTERLY LINE,S28°30'51'1 64.38 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION 29; THENCE NU0°44'30"E ALONG SAID WESTERLY LINE 1572.38 FEET TO THE TRUE POINT OF BEGINNING;CONTAINING 1.06 ACRES MORE OR LESS. -4- C:\W INNTTemp\Legal Descriptionalf WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO-80632 ' WEBSITE: www.co.weld.co.us O PHONE: (970) 336-7235 • August 12, 2003 FAX: (970) 352-0242 COLORADO Jack Russalesi Town of Lochbuie 703 WCR 37 Lochbuie, CO 80603 Re: Annexation of WCR 39 Dear Mr. Russalesi: As we discussed last Thursday, at its regular meeting on Wednesday, August 20, 2003,-at 9:00 a.m., the Board of County Commissioners of Weld County, Colorado, will consider the Town of Lochbuie's request to approve four Petitions for Annexation for portions of WCR 39, between I- 76 and WCR 6. The meeting will be held in the First Floor Meeting Room of the Weld Centennial Center Complex, 915 10th Street, Greeley, Colorado. It is my understanding that you will attend the Board of County Commissioner's meeting. Enclosed are two originals of the proposed annexation agreement with the changes we discussed. Could you please see that the Mayor signs the originals and bring them with you on August 20`x? Also enclosed is a copy of a communication I received from Mel Everhart, Grader Supervisor, regarding the gravel work done on the roadway on April 1 and 2, 2003. Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions. Ce ru e T. Weld County Attorney pc: Clerk to the Board Dale Brockmeier 2003-2405 6 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 _ GREELEY, CO 80632 ' WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO August 12, 2003 Dale A. and Karen K. Beier 1568 Rd. 39 Brighton, CO 80601 Re: Annexation Agreement for Request of Lochbuie to Approve Petitions to Annex Portions of WCR 39, Between I-76 and WCR 6 Dear Mr. and Mrs. Beier: In an April 17, 2003, letter, I informed you that the Town of Lochbuie, Colorado, has asked the Board of County Commissioners of Weld County, Colorado, to approve four Petitions for Annexation for portions of WCR 39, between I-76 and WCR 6. This stretch of WCR 39 lies on the section line between Sections 29 and 30, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado. The annexations are intended to enable the Town to obtain contiguity to annex a tract of land in the NW''h of Section 30 for the location of a waste-water treatment plant. The matter was first heard by the Board of County Commissioners on April 30, 2003. At that time, the Board heard requests from a few area residents for the Board ensure that Lochbuie's annexation would not preclude the use of current accesses and use of the road by farm equipment, and result in weight restrictions set by Lochbuie. The Board later discussed these concerns with Lochbuie representatives at a work session held on May 8, 2003. The Board and the Lochbuie representatives then agreed to certain terms concerning the annexation, with such terms to be memorialized in an annexation agreement. Enclosed is a copy of the proposed annexation agreement. The Board of County Commissioners will again consider the Town's request at its regular meeting at 9:00 a.m. on Wednesday, August 20, 2003. The Board's meeting will be held in the First Floor Meeting Room of the Weld Centennial Center Complex, 915 106'Street, Greeley, Colorado. You may attend the Board's meeting to give testimony regarding the request if you so desire. Letter, Lochbuie Annexation Request August 12, 2003 Page2 Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions regarding the request by the Town of Lochbuie or the annexation agreement. n ely, �^ race T. Barker Weld County Attorney Enc. pc: Clerk to the Board ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and executed this y cus ay of.. ._ --. , 2003,by and between the COUNTY OF WELD, COLORADO (hereinafter referred to as "Annexor") and the TOWN OF LOCHBUIE, COLORADO (hereinafter referred to as "Town"), WHEREAS, Annexor is the owner of certain real property known as Weld County Road 39 and more particularly described in Exhibit A, which is attached hereto and incorporated herein by reference; WHEREAS, Annexor has been requested to file petitions with the Town for the purpose of annexing to the boundaries of the Town the real property described in Exhibit A; WHEREAS, the Annexor desires to impose upon the Town certain conditions relating to the proposed annexation and to the effectiveness of the referenced petitions; and WHEREAS, the Town has reviewed and approved the conditions requested by Annexor and desires to make the proposed annexation subject to the conditions set forth hereinafter; NOW THEREFORE, in consideration of the foregoing premises and the covenants, promises and agreements of each of the parties hereto, to be kept and performed by each of them, it is agreed by and between the parties hereto as follows: 1. Submission of Annexation Petitions: Annexor has submitted to the Town for its consideration certain annexation petitions, copies of which are attached hereto as Exhibit B and incorporated herein by reference (hereinafter the "Annexation Petitions"). The Annexation Petitions have been submitted on the express condition that they will be approved by the Town and the real property described in Exhibit A will be annexed to the Town under and pursuant to the conditions set forth hereinafter. 2. Conditions Applicable to Annexation. It is expressly understood by the Town that certain requirements are being imposed by Annexor as a condition precedent to the Town's annexation of the real property described in Exhibit A. These conditions are as follows: (a) From and after annexation of the real property described in Exhibit A, the Town, except as hereinafter provided, will be responsible for prospective maintenance of said property . (b) The Town will not impose any weight limitation applicable to vehicles using the real property described in Exhibit A, other than those imposed under applicable state law, unless and until such time as the roadway is surfaced with concrete or asphalt; (c) From and after annexation, no attempt will be made by the Town to limit vehicular access or use of the property annexed so as to exclude farm or agricultural vehicles and equipment. MAWpfilesW GREBRevCleanANNEXATIONAGREEMENT.doc (d) Current ingress and egress to the real property described in Exhibit A for current uses will continue to be allowed for such purposes, the intent being that annexation shall not impair or affect current access. (e) The roadway being annexed by the Town will be governed, as are all other roadways within the geographical boundaries of the Town,by the Model Traffic Code for Colorado Municipalities, as adopted by the Town. 3. Town's Consent to Conditions. By execution hereof, the Town shall be deemed to agree to each and every condition stated in Paragraph 2 hereof and the use and maintenance of the real property described in Exhibit A shall thereafter be in accordance with the provisions therein. 4. Entire Agreement. This instrument embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supercede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. No modification to this Agreement shall be valid unless agreed to in writing by the parties hereto. 5. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their successors in interest. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officials to execute this Agreement the day and year first above written. ��,�� ANNEXOR: ATTEST: ��'v" COUNTY OF WELD, a political Weld Co Clerk to the Board subdivision of the STATE OF ELA, COLORADO: 1861 By: ty,� to the Board David E. Long, Chairm. 4 0o-O-3 Board of County Commi . .ners, ®:tvi � County of Weld TOWN: TOWN OF LOCHBUIE, COLORADO By: (21�/ y#4,24,Title: / 'Art M:\Wpfiles\AGREE\RevCleanANNEXATIONAGREEMENT.doc I l COUNTY ROAD NO. 39 1 ANNEXATION MAP NO. 3 . i _ I TO THE TOWN Of LOCNBUIE ` ,�4, COUNTY OF WEIR, STATE OF COLORADO F II . / snMars_Ye AAA 1It 1 h • 4- OCSC/IPnON OF Aa110(Alba(*O.3 ..4.i ti f I �" ~ ..o�uariIML 10.x.,C.M.a.C,.ma r.... a /- WO a baba a.WA.. v a: AMEX Ina / in AOIE/At _ 00{4•010.T WI Mail WIWI I WWII s...L ow WAS.WI a j a .era.a•.Aar MP.A am 4•r Ad aaT WIT-r-••T.r v 4a.EY IIG 3 ) Mann,ma eaa mol Imam appost.‘Loam me ma lbw V Lama, agar WWI W 00M1.<UM M NOM H/rMrl s•UMMI to Wane..Aaa.oa War.aree.r A ws IL an .�rL. r..r.A...r r saw bar r a ina 1m WSW a4•arrr — a ban • __ WY a.T a M'M a w W®Aar IAA W ar 1Y. hl'—- •aT.y...� >tr!r•.a Case•IAA War Kw { I RT Tea 101{WA510.a rAars�WA*t AAW WC•LOT. a t a 9- 1/4 - ..v Ara' SW 1/4 ...r Y/ I . ar• SEC 30 _ SEC. ?9 a..i'' ..a.a a an,pars..•r a Pna_ s� Nor --_ ' .. . --- 'ter r Am An r�ws+a.UMW.an WT Ul 4• TY YAP rar odd 4 a O • z 0• .It • I' ti _ - a mammaPao.A.mm rma LAW a•aa a r A r a . 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