HomeMy WebLinkAbout20031552.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING 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
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 NW 1/4
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 waste-water treatment plant, and the Town intends to
annex said tract, and
WHEREAS,on April 30,May 14,and May28,2003,the Town Lochbuie asked the Board to
continue consideration of said petitions to the Town to annex portions of Weld County Road 39,
between 1-76 and Weld County Road 6,to allow the Town of Lochbuie additional time to complete
updated documentation, and
WHEREAS,on June 18, 2003,at the request of the Town of Lochbuie,the Board deems it
advisable to dismiss said petitions to the Town to annex portions of Weld County Road 39,between
1-76 and Weld County Road 6.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado,that the four 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, dismissed.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUITYRA O
ATTEST: kine# y �ln`:.'�'. 4 ch
�,. vi E. LoZ it
Weld County Clerk to B + 't
Robert D. asden, Pro-Tem
BY: 4 . al .;,? i�
Deputy Clerk to the :(
�..►� M. J. Geile
APPR V AS TOT C /kJ,'
Wil��uu tH. Jer
my Atorn
Glenn Vaad
Date of signature: r„
2003-1552
EG00,47
: ft() / 4 Doi'fui
PETITION FOR ANNEXATION
(PART OF PROPERTY KNOWN AS WELD COUNTY ROAD 39)
Petition 0 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 spcciflcelly 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
flrture and that the territory to be annexed is integrated or is capable of being
integrated with the Town of Lochbuie, Colorado.
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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 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 comprises the landowners of more than fifty percent(50%)of the
territory included in the area proposed to be annexed,and comprise more than
fifty percent(50%)of the landowners 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.
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Therefore,your Petitioner would respectfully request that the Board of Trustees of the
Town of Lochbuie, Colorado,approve the annexation of the arcs proposed to be annexed.
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
COUNTY OF WELD
STATE OF COLORADO
By:
Title:
Mailing address: 915 10" Street
Greeley, CO 80631
Date of signature:
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 )
) es.
County of Weld )
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
day of , A.D.,2003, by
Witness my hand and official seal.
SEAL Notary Public
My commission expires:
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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.K. NAIL FOUND IN THE
INTERSTATE 76 OVERPASS; THENCE NOO'44'30"E ALONG THE EAST LINE OF SAID SECTION
30. 982.90 FEET TO A POINT ON THE CENTER LINE OF RIGHT-OF-WAY FOR COUNTY
ROAD NO. 39, ALSO BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF
INTERSTATE 76, BEING THE EXISTING CORPORATE LIMITS OF THE TOWN OF LOCHBUIE;
THENCE ALONG SAID CORPORATE LIMITS AND ALONG SAID NORTHERLY RIGHT-OF-WAY
OF INTERSTATE 76, 537"25'30"W 50.22 FEET; THENCE NOO'44'30"E ALONG THE WEST
RIGHT-OF-WAY LINE OF COUNTY ROAD NO, 39, 1080.00 FEET; THENCE S8915'30"E
30.00 FEET TO EAST LINE OF SAID SECTION 30; THENCE 500'44'30"W ALONG SAID
EAST LINE 684.72 FEET, TO A POINT ON THE EXISTING CORPORATE LIMITS OF THE TOWN
OF LOCHBUIE; THENCE S00'44'3O"W ALONG SAID EXISTING CORPORATE LIMITS 335.05
FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.717 ACRES MORE OR LESS.
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PETITION FOR ANNEXATION
(PART OF PROPERTY KNOWN AS WELD COUNTY ROAD 39)
Petition N 4
TO: THE BOARD OP 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,mor•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.
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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 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 arc 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 comprises the landowners of more than fifty percent(50%)of the
territory included in the area proposed to be annexed, and comprise more than
fifty percent(50%)of the landowners 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.
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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.
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
COUNTY OF WELD
STATE OF COLORADO
By:
Title:
Mailing address: 915 10th Street
Greeley,CO 80631
Date of signature:
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 )
es.
County of Weld )
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
day of , A.D., 2003, by
Witness my hand and official seal,
SEAL Notary Public
My commission expires:
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EXHIBIT A
DESCRIPTION OF ANNEXATION NO. 4
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29 AND THE NORTHWEST
QUARTER OF SECTION 29, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; BONG MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29, A P.K. NAIL FOUND IN
THE OVERPASS ON INTERSTATE 76; THENCE N00'44'30'E ALONG THE WEST UNE OF
SAID SECTION 29, 1317.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID WEST UNE 2113.66 FEET; THENCE S89'15'30"E 30.00 FEET TO
A POINT ON THE EAST RIGHT-OF-WAY UNE OF COUNTY ROAD NO. 39; THENCE
S00'44'30"W ALONG SAID. EAST RIGHT—OF—WAY LINE 2113.66 FEET; THENCE N89'15'30"W
30.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1.456 ACRES MORE OR LESS.
•
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PETITION FOR ANNEXATION
(PART OF PROPERTY KNOWN AS WELD COUNTY ROAD 39)
Petition M 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 Author 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(116)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
tLture and that the territory to be annexed is integrated or is capable of being
integrated with the Town of Lochbuie, Colorado.
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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 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 arc 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 5200,000.00 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 comprises the landowners of more than fifty percent(50%)of the
territory included in the area proposed to be annexed,and comprise more than
fifty percent(50%)of the landowners 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,
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Therefore,your Petitioner would respectflilly request that the Board of Trustees of the
Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed.
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
COUNTY OF WELD
STATE OF COLORADO
By:
Title;
Mailing address; 915 10th Street
Greeley, CO 80631
Date of signature:
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
day of , A.D., 2003, by ^—
Witness my hand and official seal.
SEAL
Notary Public
My commission expires:
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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; BEING MORE PARTICULARLY DESCR16ED 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
500'44'30"W ALONG THE WEST LINE 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 S00'44'30"W ALONG SAID RIGHT-OF-WAY LINE 354.95 FEET;
THENCE N89'15'30"W 30.00 FEET TO THE WEST UNE OF SAID SECTION 29; THENCE
500'44'30"W ALONG SAID WEST LINE 1441.00 FEET; THENCE N89'15'30'W 30.00 FEET
TO THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 39; THENCE N00'44'30"E
3311.07 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 30: THENCE S89'15'30"E I
ALONG SAID NORTH UNE 30.00 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING
2.51 ACRES MORE OR LESS.
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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.
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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 tracts or parcels of real estate shall be divided into separate parts or
parcels without written consent of the landowner 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 5200,000.00 for ad valorem purposes for eho
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 comprises the landowners of more than fifty percent(50%)of the
territory included in the area proposed to be annexed, and comprise more than
fifty percent(50%)of the landowners 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.
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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,
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
COUNTY OF WELD
STATE OF COLORADO
By:
Title:
Mailing address; 915 l0'"Street
Greeley,CO 80631
Date of signature:
AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn n oath,depo
says: that he/she circulated foregoing Petition for Annexation of lands too the Town of ses and
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 )
)
County of Weld
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
day of , A.D.,2003, by
Witness my hand and official seal.
SEAL Notary Public
My commission expires:
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•
EXHIBIT A
•
A PORTION OF ANNEXATION NO.d
TO THE TOWN OF LOCHBUIE
BEING THE EASTERLY HALF OF CONTY ROAD 39
RIGHT-OF WAY
THAT PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 1 NORTH,
RANGE 88 WSET 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
N89'80'0rE 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
UNE, S28'30'g1'W 84,38 FEET TO A POINT ON THE WESTERLY LINE OF SAID SECTION
29; THENCE N00'44'30'E ALONG SAID WESTERLY LINE 1872.38 FEET TO THE TRUE
POINT OF BEGINNING; CONTAINING 1.08 ACRES MORE OR LESS.
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HARDING, SHULTZ & DOWNS
A LAW PARTNERSHIP OF PROFESSIONAL CORPORATIONS
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1700 LINCOLN STRICT WI5IItm WWW.hsdknalsom 100 LINno LN aoYAAt
11u,ve 2000 1111 se. 1117
, CO 10103.4515 0.050
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4011/434.3000 FAX 402/494.$090
April 17, 2003
Bruce Barker,Esq.
Weld County Attorney's Office
P.O. Box 758
915 10'^Street
Greeley, CO 80632
Re: Proposed Annexation by Lochbuie of Parts of County Road 39
Dear Bruce:
As follow-up to our recent telephone conversation,I have obtained revised maps and
legal descriptions with the correct Section numbers. As revised, I am sending you one set of the
large Annexation Maps and one set of revised annexation petitions containing the corrected legal
description on each Exhibit A.
In reviewing my prior transmittal to you it appears that the legal description for all of the
land shown on Annexation Map No. 6 was included in Petition#6 when only the east half of
County Road 39,as shown on Annexation Map No. 6 should have been included. Please note
that the legal description for Petition#6, as revised and enclosed herein, represents only the east
half of County Road 39 shown on Annexation Map No. 6. The remainder of the land described
on Annexation Map No, 6 is land owned by the Town of Lochbuie.
Thank you for your cooperation in connection with this matter, and in the event you have
any questions or comments pertaining to same,please feel free to contact me at you convenience.
Very truly yours,
HARDING, SHULTZ &DOWNS
arleASesseeddje
Dale R. Brockmeier
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,3 E SAM EM LAKEWOOD, CO. (303) 985-4204
‘i0
TO: Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
iliacDATE: May 5, 2003
RE: Comments from Mr. Len Pettinger Regarding Town of
COLORADO Lochbuie Request for Board of County Commissioners to
Petition for the Annexation of a Portion of WCR 39
Attached is a transcription of a voice-mail message which I received from Mr. Len Pettinger on
May 5, 2003, regarding the Town of Lochbuie's request for the Board of County Commissioners
to petition for the annexation of WCR 39, between I-76 and WCR 6.
I returned Mr. Pettinger's phone call. He said that Lochbuie has annexed a portion of WCR 37
and has posted the weight of that roadway at 5,000 pounds. According to Mr. Pettinger, a 5,000
pound weight limitation precludes its use by farm equipment. Mr. Pettinger also complains of
the lack of paving and maintenance of the annexed portion of WCR 37 by Lochbuie. He is
concerned that if Lochbuie annexes WCR 39, the same weight limitation and lack of paving and
maintenance will result. Therefore, he is opposed to the Board petitioning for annexation of
WCR 39, between I-76 and WCR 6, unless those issues can be resolved.
I told Mr. Pettinger that I would forward his concerns to the Board of Co ty Commissioners.
e T. arker
eld County Attorney
Attachment
pc: Clerk to the Board
Voice mail received by Bruce May 5, 2003:
Bruce, this is Len Pettinger, I am calling you in regard to Lochbuie, annexing Road 39. I have
property along there, we farm and we need to get equipment in there and as they did when they
first started the Town down there, they made Road 37 so that you could not take farm equipment
down it and I imagine they will do the same thing on Road 39. We need to be able to have
access to that property there with our farm equipment. Thank you. My number is (303) 659-
0581 - Thank you.
M:\WPFILES\DIANE\VOICEMAIL\LENPETTINGER050593.WPD
a WELD COUNTY ATTORNEY'S OFFICE
riet915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
I WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO May 1, 2003
Dale R. Brockmeier,Esq.
Harding Shultz & Downs
Wells Fargo Center
1700 Lincoln Street, Suite 2000
Denver, CO 80203
Re: Work Session Regarding the Town of
Lochbuie, Colorado,Request to Approve
Annexation Petitions
Dear Dale:
This letter is to confirm our work session with the Board of County Commissioners of Weld
County set for Thursday,May 8, 2003, at 1:30 p.m., in Room 350 of the Weld Centennial Center
Complex, 915 10th Street, Greeley, Colorado. At that work session, we will discuss issues
regarding continued levels of maintenance, usage by farm vehicles and access on the roadway to
be annexed. It is my understanding that you will arrange for the necessary personnel from the
Town of Lochbuie to attend the work session.
Enclosed is a copy of a proposed Coordinated Planning Agreement for your review. Let me
know if the Town is interested in discussing this type of agreement.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
race ,
race T. Barker
Weld County Attorney
Enc.
pc: Clerk to the Board
Frank Hempen, Jr.
Monica Mika
0 WELD COUNTY ATTORNEY'S OFFICE
4----[ttat915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
"lupe IlDPHONE:AX: (970) 352-0242
COLORADO May 1, 2003
Marguerite B. Lehl
1667 County Road#39
Brighton, CO 80603
Re: Work Session Regarding the Town of
Lochbuie, Colorado,Request to Approve
Annexation Petitions
Dear Ms. Lehl:
On Wednesday, April 30, 2003, the Board of County Commissioners of Weld County, Colorado,
considered a request from the Town of Lochbuie, for the Board to approve and sign four
petitions to annex to Lochbuie that portion of WCR 39,between I-76 and WCR 6. The Board
decided to postpone consideration of the request until after it has had the opportunity to conduct
a work session to discuss with Lochbuie concerns regarding continued levels of maintenance,
usage by farm vehicles and access. The Board has scheduled such work session for Thursday,
May 8, 2003, at 1:30 p.m., in Room 350 of the Weld Centennial Center Complex, 915 10th
Street, Greeley, Colorado. You may attend the work session if you desire. Enclosed are copies
of the plats for the proposed annexations.
Please accept my apology for my incorrect statement in my previous letter as to the location of
the Lochbuie property intended to be used for the waste-water treatment facility. I had stated that
the property is located in the NW'/ of Section 30-1-65,but the correct location is the NW'/<of
Section 29-1-65.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions.
ely,
ce .
Weld County Attorney
Enc.
pc: Clerk to the Board
PA it a 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
0 FAX: (970) 352-0242
•
COLORADO May 1, 2003
Dale A. and Karen K. Beier
1568 Rd. 39
Brighton, CO 80601
Re: Work Session Regarding the Town of
Lochbuie, Colorado,Request to Approve
Annexation Petitions
Dear Mr. and Mrs. Beier:
On Wednesday, April 30, 2003,the Board of County Commissioners of Weld County, Colorado,
considered a request from the Town of Lochbuie, for the Board to approve and sign four
petitions to annex to Lochbuie that portion of WCR 39,between I-76 and WCR 6. The Board
decided to postpone consideration of the request until after it has had the opportunity to conduct
a work session to discuss with Lochbuie concerns regarding continued levels of maintenance,
usage by farm vehicles and access. The Board has scheduled such work session for Thursday,
May 8, 2003, at 1:30 p.m., in Room 350 of the Weld Centennial Center Complex, 915 10th
Street, Greeley, Colorado. You may attend the work session if you desire. Enclosed are copies
of the plats for the proposed annexations.
Please accept my apology for my incorrect statement in my previous letter as to the location of
the Lochbuie property intended to be used for the waste-water treatment facility. I had stated that
the property is located in the NW''A of Section 30-1-65,but the correct location is the NW'/ of
Section 29-1-65.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
5ely,
Barker
unty Attorney
Enc.
pc: Clerk to the Board
a WELD COUNTY ATTORNEY'S OFFICE
If s 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 May 1, 2003
Catherine Newton
443 S. Race Street
Denver, CO 80209
Re: Work Session Regarding the Town of
Lochbuie, Colorado, Request to Approve
Annexation Petitions
Dear Ms.Newton:
On Wednesday, April 30, 2003, the Board of County Commissioners of Weld County, Colorado,
considered a request from the Town of Lochbuie, for the Board to approve and sign four
petitions to annex to Lochbuie that portion of WCR 39, between I-76 and WCR 6. The Board
decided to postpone consideration of the request until after it has had the opportunity to conduct
a work session to discuss with Lochbuie concerns regarding continued levels of maintenance,
usage by farm vehicles and access. The Board has scheduled such work session for Thursday,
May 8, 2003, at 1:30 p.m., in Room 350 of the Weld Centennial Center Complex, 915 10th
Street, Greeley, Colorado. You may attend the work session if you desire. Enclosed are copies
of the plats for the proposed annexations.
Please accept my apology for my incorrect statement in my previous letter as to the location of
the Lochbuie property intended to be used for the waste-water treatment facility. I had stated that
the property is located in the NW'/4 of Section 30-1-65, but the correct location is the NW'/4 of
Section 29-1-65.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions.
S. cerely,
Bruce T. Barker
Weld County Attorney
Enc.
pc: Clerk to the Board
a WELD COUNTY ATTORNEY'S OFFICE
jce915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
' WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO May 1, 2003
Amelia Henkel Martin
18539 WCR 4
Brighton, CO 80601
Re: Work Session Regarding the Town of
Lochbuie, Colorado,Request to Approve
Annexation Petitions
Dear Ms. Martin:
On Wednesday, April 30, 2003, the Board of County Commissioners of Weld County, Colorado,
considered a request from the Town of Lochbuie, for the Board to approve and sign four
petitions to annex to Lochbuie that portion of WCR 39,between I-76 and WCR 6. The Board
decided to postpone consideration of the request until after it has had the opportunity to conduct
a work session to discuss with Lochbuie concerns regarding continued levels of maintenance,
usage by farm vehicles and access. The Board has scheduled such work session for Thursday,
May 8, 2003, at 1:30 p.m., in Room 350 of the Weld Centennial Center Complex, 915 10th
Street, Greeley, Colorado. You may attend the work session if you desire. Enclosed are copies
of the plats for the proposed annexations.
Please accept my apology for my incorrect statement in my previous letter as to the location of
the Lochbuie property intended to be used for the waste-water treatment facility. I had stated that
the property is located in the NW'/ of Section 30-1-65,but the correct location is the NW'/ of
Section 29-1-65.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
me y,
T4C- 17. Barke
Weld County Attorney
Enc.
pc: Clerk to the Board
a WELD COUNTY ATTORNEY'S OFFICE
rat915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
ape WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO May 1, 2003
Len Pettinger
18437 County Road 8
Brighton, CO 80601
Re: Work Session Regarding the Town of
Lochbuie, Colorado,Request to Approve
Annexation Petitions
Dear Mr. Pettinger:
On Wednesday, April 30, 2003, the Board of County Commissioners of Weld County, Colorado,
considered a request from the Town of Lochbuie, for the Board to approve and sign four
petitions to annex to Lochbuie that portion of WCR 39,between I-76 and WCR 6. The Board
decided to postpone consideration of the request until after it has had the opportunity to conduct
a work session to discuss with Lochbuie concerns regarding continued levels of maintenance,
usage by farm vehicles and access. The Board has scheduled such work session for Thursday,
May 8, 2003, at 1:30 p.m., in Room 350 of the Weld Centennial Center Complex, 915 10th
Street, Greeley, Colorado. You may attend the work session if you desire. Enclosed are copies
of the plats for the proposed annexations.
Please accept my apology for my incorrect statement in my previous letter as to the location of
the Lochbuie property intended to be used for the waste-water treatment facility. I had stated that
the property is located in the NW'/4 of Section 30-1-65, but the correct location is the NW'/4 of
Section 29-1-65.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions.
• rely,
c . Barker
Wel County Attorney
Enc.
pc: Clerk to the Board
et;r:a WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
hiD WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
•
COLORADO
May 1, 2003
Theodore & Hermina Kuettel
4820 Holman Street
Golden, CO 80403
Re: Work Session Regarding the Town of
Lochbuie, Colorado, Request to Approve
Annexation Petitions
Dear Mr. and Mrs. Kuettel:
On Wednesday, April 30, 2003, the Board of County Commissioners of Weld County, Colorado,
considered a request from the Town of Lochbuie, for the Board to approve and sign four
petitions to annex to Lochbuie that portion of WCR 39, between I-76 and WCR 6. The Board
decided to postpone consideration of the request until after it has had the opportunity to conduct
a work session to discuss with Lochbuie concerns regarding continued levels of maintenance,
usage by farm vehicles and access. The Board has scheduled such work session for Thursday,
May 8, 2003, at 1:30 p.m., in Room 350 of the Weld Centennial Center Complex, 915 10th
Street, Greeley, Colorado. You may attend the work session if you desire. Enclosed are copies
of the plats for the proposed annexations.
Please accept my apology for my incorrect statement in my previous letter as to the location of
the Lochbuie property intended to be used for the waste-water treatment facility. I had stated that
the property is located in the NWY of Section 30-1-65,but the correct location is the NW'/ of
Section 29-1-65.
Please feel free to call me at(970) 356-4000, ext. 4390, if you have any questions.
in ely,
ruce T. Barker
Weld County Attorney
Enc.
pc: Clerk to the Board
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