HomeMy WebLinkAbout20012253.tiff City of Broomfield '
I� ONE DESCOMBES DRIVE BROOMFIELD,CO 80020 (303)469-3301
• J t j n- `7
August 2, 2001
RFC-.
VIA REGISTERED MAIL
Weld County
Board of Commissioners
915 10'" Avenue
P O Box 758
Greeley, CO 80631
RE: Notice of Annexation
28.239±Acres — Northwest corner of York Street (CR 11) and State Highway 7.
Enclosed please find the following items for the above referenced property:
1. Copy of Notice of Hearing
2. Copy of Resolution
3. Copy of Petition, as filed
4. Annexation Impact Report
Sincerely,
Vicki Marcy
City Clerk
Enclosures
pc: John Franklin, Planning Director
Roy Howard, City Attorney
Process File
2001-2253
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RESOLUTION NO. 2001-144
A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A 28.239±ACRE
PARCEL LOCATED IN SECTION 35, T1 N, R68W OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO, IN SUBSTANTIAL COMPLIANCE WITH SECTION
31-12-107(1) C.R.S.
WHEREAS, the owner of a 28.239± acre parcel of land located approximately at the
northwest corner of York Street (CR 11) and State Highway 7 has petitioned the city council
for annexation of said parcel, said parcel being described in Exhibit A, attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BROOMFIELD, COLORADO:
Section 1. The city council hereby finds as follows:
A. The landowners of one hundred percent of the area, excluding public streets
and alleys, meeting the requirements of sections 31-12-104 and 31-12-105,
C.R.S., have petitioned the city council for the annexation of the area.
B. The petition(s) will be filed with the city clerk on or before July 10, 2001.
C. The petitions contain the following:
(1) An allegation that it is desirable and necessary that such areas be
annexed to the City of Broomfield, Colorado.
(2) An allegation that the requirements of sections 31-12-104 and 31-12-
105 C.R.S., as amended, exist or have been met.
(3) An allegation that the signers of the petitions comprise the landowners
of one hundred percent of the territory included in the area proposed
to be annexed, exclusive of streets and alleys.
(4) A request that the City approve the annexation of the area proposed
to be annexed.
(5) The signature of the landowners.
(6) The mailing address of each signer.
(7) The legal description of land owned by each signer.
(8) The date of signing of each signature.
D. Accompanying the petition are four copies of an annexation map containing
the following information:
(1) A written legal description of the boundaries of the area proposed to
be annexed.
(2) A map showing the boundary of the area proposed to be annexed.
(3) Within the annexation boundary map, a showing of the location of
each ownership tract in unplatted land and, if part or all of the area is
platted, the boundaries and the plat number of plots or of lots and
blocks.
(4) Next to the boundary of the area proposed to be annexed, a drawing
of the contiguous boundary of the City and the contiguous boundary of
any other municipality abutting the area proposed to be annexed.
E. No signature on the petition is dated more than one hundred and eighty days
prior to the date of filing the petition for annexation with the clerk.
F. The clerk has referred the petitions to the governing body as a
communication.
G. Said petitions are in substantial compliance with section 31-12-107(1), C.R.S.
Section 2. As required by section 31-12-108, C.R.S., the city council will hold a hearing to
determine if the proposed annexation complies with sections 31-12-104 and 31-12-105,
C.R.S., or such parts thereof as may be required to establish eligibility under the terms of
the Municipal Annexation Act of 1965. Such hearings shall be combined and held
concurrently with the public hearing on the ordinance annexing the area proposed for
anrie`xation. The hearing shall be held on August 28, 2001, at 6:00 p.m., in the council •
chambers at One Des Combes Drive.
Section 3. This resolution is effective upon its approval by the city council.
APPROVED on July 10, 2001.
CITY OF BROOMFIELD, COLORADO
LUS A )41
Mayor
ATTEST:
City ClerkL Trustc
APPROVED AS TO FORM:
PPOR4). 'mac
5 E A L City yomey
2
1
EXHIBIT A
RESOLUTION NO. 2001-144
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35, Ti N,
R68W OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: LOT B OF RECORDED EXEMPTION
NO. 1467-35-4-RE1507, BEING A PART OF THE SE 1/4 OF SECTION 35,
TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE 6TH P.M., AS PER THE MAP
RECORDED JULY 28, 1993, IN BOOK 1394 AT RECEPTION NO. 2343172, COUNTY
OF WELD, STATE OF COLORADO.
SA1D`PARCEL CONTAINS 28.239 ACRES (MORE OR LESS).
TOTAL PERIMETER OF AREA TO BE ANNEXED IS 5342.51 FEET.
ONE-SIXTH PERIMETER REQUIRED IS 890.42 FEET.
TOTAL CONTIGUOUS PERIMETER IS 1767.00 FEET.
3
hcttl J Lit
C ' t' CLERK'S OFFICE
PETITION FOR ANNEXATION OF UNINCORPORATED
TERRITORY IN THE COUNTY OF WELD. STATE OF COLORADO
TO THE CITY OF BROOMFIELD, COLORADO RECEIVED
TO THE MAYOR AND CITY COUNCIL OF BROOMFIELD, COLORADO: SEP 0 g 2000
PLANNING
The undersigned, in accordance with the Municipal Annexation Act of 1965, Part 1,
Article 12, Title 31, Colorado Revised Statutes, as amended, hereby petition the City
Council of the City of Broomfield, Colorado, for the annexation of the following described
unincorporated territory located in the County of WELD, State of Colorado, to-wit:
For legal description see Exhibit A attached hereto and incorporated herein by
reference.
In support of said Petition, your Petitioner alleges:
1. It is desirable and necessary that the above-described unincorporated
territory be annexed to the City of Broomfield, Colorado.
2. The requirements of Section 31-12-104, C.R.S., as amended, exist or have
been met, to-wit:
a. Not less than one-sixth of the perimeter of the area proposed to be
annexed is contiguous with the City of Broomfield;
b. A community of interest exists between the area proposed to be
annexed and the City of Broomfield;
c. Said area is urban or will be urbanized in the near future; and
d. Said area is integrated with or is capable of being integrated with the
City of Broomfield.
e. Said area does not create or expand a disconnected municipal
satellite.
3. The requirements of Section 31-12-105, C.R.S., as amended, exist or have
been met, to-wit:
a. In establishing the boundaries of the territory to be annexed, no land
held in identical ownership, whether consisting of one tract or parcel
of real estate or two or more contiguous tracts or parcels of real
estate, has been divided into separate parts or parcels without the
written consent of the landowners; and
b. In establishing the boundaries of the area proposed to be annexed,
no land held in identical ownership, whether consisting of one tract or
parcel of real estate or two or more contiguous tracts or parcels of
Revised: 9/7/00
petitionl0o%.doc
Petition for Annexation 2
real estate comprising 20 acres or more (which, together with the
buildings and improvements situated thereon has a valuation for
assessment in excess of two hundred thousand dollars for ad
valorem tax purposes for the year next preceding the annexation)
has been included without the written consent of the landowners;
and
c. That no annexation proceedings have been commenced for the
annexation of part or all of the subject property to another
municipality; and
d. The proposed annexation will not result in the detachment of area
from any school district; and
e. The proposed annexation would not have the effect of extending a
municipal boundary more than three miles in any direction from any
point of such municipal boundary in any one year; and
f. If a portion of a platted street or alley is to be annexed, the entire
width of said street or alley is included within the area proposed to be
annexed.
4. 257 LAND. LLC is the owner of the property described in Exhibit B attached
hereto, excluding public streets and alleys.
5. The mailing address of the Petitioner is as follows:
Robin Lang, President
257 Land, LLC
Montex Property Management
5815 Gulfton Drive
Houston, TX 77081
6. That the undersigned are the owners of one hundred percent of the territory
included in the area proposed to be annexed, exclusive of streets and
alleys.
7. The legal description of the property proposed to be annexed is attached
hereto and by reference made a part hereof.
8. AGREEMENTS (BOULDER AND WELD COUNTIES):
a. Consent to Inclusion. Landowner consents to the inclusion into the
Northern Colorado Water Conservancy District pursuant to Section
Revised: 9/7/00
100%petition.doc
Petition for Annexation 3
37-45-136 (3.6), C.R.S. Landowner acknowledges that upon
inclusion in the District, Landowner's property will be subject to the
same mill levies and special assessments as are levied or will be
levied on other similarly situated property in the District at the time of
inclusion of Landowner's lands.
b. Landowner agrees to waive any right to an election which may exist
to require an election pursuant to Section 20 of Article X of the
Colorado Constitution before the District can impose such mill levies
and special assessments as it has the authority to impose.
Landowner agrees to waive, upon inclusion, any right which may
exist to a refund pursuant to Section 20 of Article X of the Colorado
Constitution.
c. Landowner agrees as a condition to annexation to fulfill all
environmental compliance requirements and other requirements
established by the U.S. Bureau of Reclamation and/or the Northern
Colorado Water Conservancy District (District) for inclusion of lands
into the District, including, but not limited to, the following:
1 Surveys of potential impacts to threatened and endangered
species and related consultations with the U.S. Fish and
Wildlife Service; and
2. Any and all studies that may be required by the U.S. Army
Corps of Engineers regarding Section 404 Permitting
Concerns; and
3. Class III Cultural Resources Survey.
d. Landowner agrees that City shall be responsible for coordinating the
above-described environmental compliance requirements, including
the selection of consultants to undertake all required studies,
provided, however, that Landowner shall be solely responsible for
payment of all costs of fulfilling the requirements for the inclusion of
its lands into the District.
e. Back Taxes. As a condition of annexation, Landowner agrees to pay
all back taxes levied by the Northern Colorado Water Conservancy
District against Landowner's property at the time of inclusion of
Landowner's lands into the District.
CONDITIONS (BOULDER, WELD, ADAMS & JEFFERSON COUNTIES):
Revised: 9/7/00
100%petition.doc
. SEP. 6.2000 3:34P19 CIVI1iS N0.115 P.5
Petition for Annexation 4
As an express condition of annexation, landowner consents to inclusion into
the Municipal Subdistrict ("Subdistrict"), Northern Colorado Water
Conservancy District pursuant to Section 37-45-136 (3.6), C.R.S.
Landowner acknowledges that, upon inclusion into the Subdistrict,
landowner's property will be subject to the same mill levies and special
assessments as are levied or will be levied on other similarly situated
property in the Subdistrict at the time of inclusion of landowner's lands.
Landowner agrees to waive any right to an election which may exist to
require an election pursuant to article X § 20 of the Colorado Constitution
before the Subdistrict can impose such mill levies and special assessments
as it has the authority to impose. Landowner also agrees to waive, upon
inclusion, any right which may exist to a refund pursuant to article X, § 20 of
the Colorado Constitution,
IF NOT IN THE WEST ADAMS COUNTY FIRE PROTECTION DISTRICT
PLEASE INCLUDE THE FOLLOWING PARAGRAPH:
The City of Broomfield requires as a condition of annexation that not more
than ninety (90) days after the date of annexation the property owner must
file a Petition for Exclusion of the property from any Fire Protection District
in which the property is located, and that within the same ninety (90) day
period the property owner also must file a Petition for Inclusion of the
property into the West Adams County Fire Protection District.
Your petitioner further requests that the City of Broomfield, Colorado, approve the
annexation of the area proposed to be annexed.
By
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Date sop i 7 - J00
Revised: 114/00
petition.doc
. SLY. 6.20013 .3:34PM C:IVI IHS HU.11S F'.b
Petition for Annexation g
!fxAS
STATE OFtO )
• )ss.
COUNTY OFfkXI S )
The foregoing instrument was acknowledged before me this 7 day of
5-4,crfr/r3f=ie, 200O , by £oB&d ,). LANG • as
Ft 4S,,)rAi r of Ta'fltx p.2cFSier7 y4W46frJ te.i r, ,.,re
My commission expires I I - 3 - O
FL4�wY Tarun Patel �`y u-^ joist_
tes
My Commission Expires Notary Public
'eae November 3,2001
Witness my hand and official seal.
Revised: 1/4/00
petition.doc
Petition for Annexation 6
EXHIBIT A
ANNEXATION PETITION
Legal Description of the property to be annexed.
Lot B of recorded Exemption No. 1467-35-4-RE1507, being a part of the SE 1/4 of
Section 35, Township 1 North, Range 68 West of the 6th P.M., as per the map recorded
July 28, 1993, in Book 1394 at Reception No. 2343172, County of Weld, State of
Colorado.
Revised: 9/7/00
100%petition.doc
Petition for Annexation 7
EXHIBIT B
ANNEXATION PETITION
Legal Description of the property owned.
Lot B of recorded Exemption No. 1467-35-4-RE1507, being a part of the SE 1/4 of
Section 35, Township 1 North, Range 68 West of the 6th P.M., as per the map recorded
July 28, 1993, in Book 1394 at Reception No. 2343172, County of Weld, State of
Colorado.
Revised: 9/7/00
100%petition.doc
Petition for Annexation 8
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
ss.
COUNTY OF
The undersigned, being duly sworn upon his oath,
deposes and states:
1. That the affiant circulated the Petition for Annexation to the City of Broomfield,
Colorado, for the purpose of obtaining the signatures of the above-named petitioners.
2. That each signature thereon is the signature of the person or party whose
name is purports to be.
Date
Subscribed and sworn to before me this day of 20 .
My commission expires
Notary Public
WITNESS my hand and official seal.
Revised: 9/7/00
100%petition.doc
257 LAND
ANNEXATION IMPACT REPORT
PROJECT: Annexation and Rezoning of the 257 Land property.
LOCATION: Section 35 Ti N, R68W of the 6th P.M. Approximately located east of
Interstate 25 and north of W. 168th Avenue.
IMPACT REPORT REQUIREMENTS:
A. A map or maps of the municipality and adjacent territory to show the following
information:
I. The present and proposed boundaries of the municipality in the vicinity of the
proposed annexation;
II. The present streets, major trunk water mains, sewer interceptors and outfalls,
other utility lines and ditches, and the proposed extension of such streets and
utility lines in the vicinity of the proposed annexation; and
III. The existing and proposed land use pattern in the areas to be annexed.
Please refer to the three exhibits at the end of this report.
B. A copy of any draft or final pre-annexation agreement, if available.
There is no pre-annexation agreement available at this time.
C. A statement setting forth the plans of the municipality for extending to or
otherwise providing for, within the area to be annexed, municipal services
performed by or on behalf of the municipality at the time of annexation.
The City of Broomfield will make available to the property all of the usual
municipal services in accordance with the ordinances and policies of the
City which include, but are not limited to, police protection, water and
sewer services.
D. A statement setting forth the method under which the municipality plans to
finance the extension of the municipal services into the area to be annexed.
The City of Broomfield will finance the extension of municipal services by
usual and customary means, including but not limited to, the General
Fund and Capital Improvements Program.
E. A statement identifying existing districts within the area to be annexed.
257 Land Annexation Impact Report Page 2
The following Weld County districts apply to the proposal:
• St. Vrain Valley School District RE-1J
• Brighton Fire Protection District
• Tri-Area Ambulance
• Weld County Library
F. A statement on the effect of annexation upon local public school district systems,
including the estimated number of students generated and the capital
construction required to educate such students.
At the time of this annexation, no development proposal is being submitted for this
property. The proposal is for annexation and rezoning to PUD only. The existing City of
Broomfield Master Plan land use designation of Mixed Use Commercial would have
limited residential uses on this site.
Report prepared on July 25, 2001.
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SB - 45 ANNEXATION IMPACT REPORT
PRESENT AND PROPOSED BOUNDARIES OF THE
MUNICIPALITY IN THE VICINITY OF THE
PROPOSED ANNEXATION
PRESENT STREETS,AND THE PROPOSED
EXTENSION OF SUCH STREETS IN THE VICINITY
OF THE PROPOSED ANNEXATION.
EXISTING AND PROPOSED LAND USE PATTERN 71.
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IN THE AREAS TO BE ANNEXED
EXISTING LAND USE:AGRICULTURE
PROPOSED LAND USE: MIXED USE COMMERCIAL 1000 4000
EXISTING ZONING:WELD COUNTY A-1
PROPOSED ZONING: BROOMFIELD PUD
0 2000
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MAJOR TRUNK WATER LINES, AND THE PROPOSED
EXTENSION OF SUCH UTILITY LINES IN THE
VICINITY OF THE PROPOSED ANNEXATION.
WATER SERVICE SYSTEM LEGEND:
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VALVE !///a/ DV\
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B.V, BUTTERFLY VALVE
R.H.V. RIGHT HAND VALVE 1500 6000
A.V. AIR VALVE
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ALL WATERLINES ARE 6' UNLESS OTHERWISE NOTED.
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PRESENT SEWER INTERCEPTORS AND OUTFALLS
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PROPOSED ANNEXATION.
SANITARY SEWER SYSTEM LEGEND:
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DIRECTION OF FLOW
■-- LIFT STATION
---- FORCE MAIN
• VALVE 1000 4000
NOTE:
ALL SANITARY SEWER LINES ARE 8"
UNLESS OTHERWISE NOTED. 0 2000
JULY 26. 2001
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