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HomeMy WebLinkAbout20030483.tiff February 7, 2003 i ern ; Q. fpOLORADO RAC :'�J ter Clerk to the Board of Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: Referral to Commissioners regarding the Happy Life Annexation Dear County Clerk: In accordance with Ordinance No. 208 and 31-12-109(2), C.R.S., as amended, you are hereby given notice as set forth in the attachments that the City of Evans shall hold a public hearing on March 4, 2003 to determine whether the enclosed described territory, referred to as the Happy Life Annexation, is eligible for annexation to the City of Evans. The proposed annexation contains approximately 2.596 acres, and is 2000 37`h Street. The proposed use of the site is to remain as a greenhouse, and landscaping materials distributor. If you have any questions or comments please contact me at 339-5344 ext. 118 by February 25, 2003. Sincerely, Kate Richardson Planner Enclosure :1-/9- 0,3 et .' cm, 50 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472 2003-0483 32ND ST P VA w 2 4 a 4 r4 5 a 9 a 3 9 u E 5 w "I a a a o u Y e 7 8 2 3 II 9 1 w ; k 3 o 34TH ST . i 4,.: I 1 7 ' 8 $ 8 6 1 c 6 .. t y,,P , 3ThHST w 6 2 6 , CT a Ip c F o ss e — C'� 35TH Sr El U nI, pi b 7- STCT -4 7 �i 3 5 36THsr '— 4 7 72 h � • 0Jji1 > �. ..., I I w 38TH sr RD Q P�� �a 2 P ia. . )9TH ST I .c pP ®Q 3 3 p L-4THST i 39TH ST CT n u ( \,---/ Legend V icmity Map Happy Life Annexation no — City Limits Lots 18-22, Blk. 4 Project Site Larson Avenue to 38th Street& raj Alley of Blk. 4 Public Works Department February 7, 2003 NOTICE OF PUBLIC HEARING ANNEXATION REQUEST NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the City of Evans will hold a Public Hearing on the4th day of March, 2003 at 7:30 P.M., held at the City Hall Council Chambers, 1100 37th Street, Evans, CO, at which time and place they will consider and act upon the application for annexation of a parcel of property to the City of Evans. The following property is referred to as Happy Life Annexation and is described as: A parcel of land being part of the Northwest Quarter (NW 1/4) of Section Thirty(30), Township Five North (T5N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and containing in part the following: Lots 18 through 22, Block 4, Valley View, a subdivision in the County of Weld, State of Colorado, according to the recorded plat thereof, and the north 255 feet of the East Half(E1/2) of Lot 1 in the Northwest Quarter(NW1/4) of the Northwest Quarter(NW1/4) as subdivided by the Saint Louis Western Colony, Section Thirty(30), Township Five North (T5N), Range Sixty-five West (R65W) of the Sixth Principle Meridian (6th P.M.) Said described parcel of land contains 2.596 Acres, more or less (±) Vicinity: Between 37`h and 38`h Streets along Larson Avenue All persons being interested in this matter may be present and heard. Kim Betz City Clerk City of Evans Please publish in the Greeley Tribune on Saturday's; February 1st, 8th, 15t and 22nd CITY OF EVANS, COLORADO RESOLUTION NO. 4-2003 RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR HAPPY LIFE ANNEXATION WHEREAS, a written petition, together with four prints of an annexation map, was hereto filed with the City Clerk requesting the annexation of certain property to be known as the Happy Life Annexation, more particularly described in the County of Weld, State of Colorado, as follows: Lots 18-22,Block 22,Valley View,a Subdivision in the County of Weld, State of Colorado, according to the recorded plat thereof,and the North 255 feet of the East Half of Lot 1 in the Northwest Quarter of the Northwest Quarter, as subdivided by the St. Louis Western Colony, Section 30,T5N, R66W of the 6th P.M. Said property contains approximately 1.8329 acres. WHEREAS,the City Council desires to initiate annexation proceedings in accordance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO: Section 1. That the City Council 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 desires to initiate annexation proceedings in accordance with law. Section 2. The City Council 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 4`h day of March, 2003, in the City Council Chambers of the City of Evans, 1100 37th Street, Evans, Colorado, at 7:30 p.m. Section 3. The City Clerk shall publish notice of such hearing once per week for four successive weeks in the Greeley Tribune,with the first publication at least thirty(30) days prior to the date of the hearing. The City Clerk shall also send a copy of the Resolution and the petition for annexation to the Clerk of the Board of County Commissioners, the County Attorney and to any Special District or School District within the area proposed to be annexed. Section 4. This Resolution shall be in full force and effect upon its passage and adoption. PASSED,APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Evans on this 21st day of January, 2003. ATTEST:, CITY OF EVANS, COLORADO • By: 7..,,ge-1--e „et �itCity Clerk CITY OF EVANS 1100 37TH STREET OLORM EVANS, COLORADO 80620 970-339-5344 EXT. 112 PETITION FOR ANNEXATION The undersigned,in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition for City Council of the City of Evans,Colorado, for annexation to the City of Evans the unincorporated territory more particularly described below, to be know as hhpy bit,Aiwa-1w and in support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory be annexed to the / City of Evans; 0 7i . 44,,r'4 2SS feta of rise air mzp o` 2Dr / of ra /104Ts/W6Sr (P&totRTFA oG reE ,/piergcye3r Qw4RTER or Seerioti 3a, Torw,✓stuP 6--Ata4ry, R9kcE 45Th'nr or i yE 4 rd R"+. Len l$9, Tiv, Z/ ,¢ R 3ruDi'v/4/oA!op ott"ITy vL uIELp ern iL $GaC�-g� ✓�aGcf.Y ✓�F.w, 3 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 more than fifty percent (50%) of the landowners of the territory to be included in the area proposed to be annexed; 7) No land held in identical ownership,whether consisting of one tract on 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 assessed value in excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the year preceeding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 1 Petition of Annexation 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. ✓' 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 l.C Ul Sanitation District Fire District LA ,?A dk- School District Recreation District Library District WeLD Ambulance District Jr. College District /mg Other 11) The mailing address of each signer, the legal description of the land owned by each signee and the date of signing of each signature are all shown on this Petition; 12) Accompanying 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; 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. 2 Petition of Annexation 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 conditions as effectively as if set forth in this Petition; and Check One: ✓ 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. 3 Petition of Annexation Execut his to /A day of «u$' , 20 D 2— . , --th o erty Owner of a c d legal description Prope Owner of attach al • cription including fee title o land to the adjacent mg fee title of land to the .cent right-of-way right-of-way 3701 1.4401 be-- COOS al) go&1� `'�S, � Address Address Property Owner of attached legal description Property Owner of attached legal description including fee title of land to the adjacent including fee title of land to the adjacent right-of-way right-of-way Address Address The foregoing instrument was acknowledged before me this (t- day o__------.„\ \)OMUt �.[( , A.D. 20 a. �... ...'�.e I Wii �ess�s my hand official al seal. My commission expires ///DS/f� ; • i id • Notary Public yi,''j.' aL\G'QQ, Office Use Only: 4Jt3 DatReceived City Clerk 4 Petition of Annexation Hello