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Home My WebLink About20012975.tiff The City of - cl 641.10 COLORADO October 10, 2001 Clerk to the Board of Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: Referral for comments regarding Borchert Pointe Annexation Dear Weld County Commissioners: 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 November 6, 2001 to determine whether the enclosed described territory, referred to as Borchert Pointe Annexation, is eligible for annexation to the City of Evans. The proposed annexation contains approximately 18.89 acres, and is located at the Southwest corner of 23rd Avenue and 37th Street. The subject parcel is intended for commercial and multifamily residential development. If you have any questions or comments, please contact me at 339-5344 (ext. 118) by October 30, 2001. Sincerely, Audrey Wimmer Planner Enclosure pe Vem'ca d:21) fib, e 41, o/ (EP 1100 37th Street • Evans, Colo ado 80620-2036 • (970) 339-5344 • Fax: (970) r" '- 2001-2975 CITY OF EVANS, COLORADO RESOLUTION NO. 57-2001 RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR BORCHERT POINTE 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 Borchert Pointe Annexation, more particularly described in the County of Weld, State of Colorado, as follows: Please refer to the attached Exhibit A 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 November 6, 2001,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 18`s day of September, 2001. ATTEST: CITY OF EVANS, COLORADO By: City:Clerk ay EXHIBIT A Borchert Pointe Annexation A parcel of land being Lot One(1) and Lot Eight(8) of the Northeasat Quarter(NE 1/4) of Section Twenty-five(25),Township Five North(T5N),Range Sixty-six West(R66W)of the Sixth Principal Meridian(6`h P.M..)as shown on the"Map of Evans,Weld County,Colorado-Showing the Adjacent Lands as Subdivided by the St. Louis Western Colony 1873" and being more particularly described as follows: BEGINNING at the Northeast Corner of said Section 25 and assuming the North line of said NE 1/4 as bearing South 89°25'34" West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2661.04 feet with all other bearings contained herein relative thereto. From said point the East Quarter Corner of said Section 25 bears South 00°30'49" East a distance of 2652.84 feet: THENCE South 00°30'49" East along the East line of said NE1/4 a distance of 30.00 feet to the intersection with the Southerly Right-of-Way (ROW) line of 37th Street (Weld County Road #54 (WCR#54)); THENCE South 89°25'34" West along said Southerly ROW line a distance of 30.00 feet to the Northeast Corner of said Lot 1. Said point being the intersection of the Southerly ROW line of said 37'h Street with the Westerly ROW line of 23`'Avenue(Weld County Road#37 (WCR#37)). Said point being the TRUE POINT OF BEGINNING: THENCE South 00°30'49" East along the East line of said Lot 1 and Lot 8 and its Southerly extension,being the Westerly ROW line of said 23`d Avenue a distance of 1296.24 feet to the center line of the platted East/West Street abutting the South line of said Lot 8. Said center line also being the South line of the North Half of the Northeast Quarter(N 1/2 NE 1/4) of said Section 25; THENCE South 89°46'18"West along said platted center line,also being the South line of said N1/2 NE 1/4 a distance of 636.46 feet to the intersection with the Southerly extension and the West line of said Lot 8 and Lot 1 a distance of 1292.40 feet to the Northwest Corner of said Lot 1. Said point also being on the Southerly ROW line of said 37th Street; THENCE North 89°25'34" East along the Northerly line of said Lot 1, also being the Southerly ROW line of said 37`h Street a distance of 635.29 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 18.894 Acres,more or less,and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 1 Exhibit A-Reso. 57-2001 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 the 6th day of November, 2001 at 7:30 P.M., held at the City Hall Council Chambers, 1100 37`h 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 the Borchert Pointe Annexation and is described as: A parcel of land being Lot One(1)and Lot Eight(8)of the Northeast Quarter(NE 1/4)of Section Twenty- five(25),Township Five North(T5N),Range Sixty-six West(R66W)of the Sixth Principal Meridian(6`h P.M..) as shown on the"Map of Evans, Weld County, Colorado-Showing the Adjacent Lands as Subdivided by the St. Louis Western Colony 1873" and being more particularly described as follows: BEGINNING at the Northeast Corner of said Section 25 and assuming the North line of said NE 1/4 as bearing South 89°25'34" West being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2661.04 feet with all other bearings contained herein relative thereto. From said point the East Quarter Corner of said Section 25 bears South 00°30'49" East a distance of 2652.84 feet: THENCE South 00°30'49" East along the East line of said NEl/4 a distance of 30.00 feet to the intersection with the Southerly Right-of-Way(ROW)line of 37t°Street(Weld County Road#54(WCR #54)); THENCE South 89°25'34"West along said Southerly ROW line a distance of 30.00 feet to the Northeast Corner of said Lot 1. Said point being the intersection of the Southerly ROW line of said 37'Street with the Westerly ROW line of 23'°Avenue(Weld County Road#37 (WCR#37)). Said point being the TRUE POINT OF BEGINNING: THENCE South 00°30'49" East along the East line of said Lot 1 and Lot 8 and its Southerly extension, being the Westerly ROW line of said 23'"Avenue a distance of 1296.24 feet to the center line of the platted East/West Street abutting the South line of said Lot 8. Said center line also being the South line of the North Half of the Northeast Quarter(N 1/2 NE 1/4)of said Section 25; THENCE South 89°46'18" West along said platted center line,also being the South line of said N1/2 NE 1/4 a distance of 636.46 feet to the intersection with the Southerly extension and the West line of said Lot 8 and Lot 1 a distance of 1292.40 feet to the Northwest Corner of said Lot 1. Said point also being on the Southerly ROW line of said 37t°Street; THENCE North 89°25'34" East along the Northerly line of said Lot 1, also being the Southerly ROW line of said 37th Street a distance of 635.29 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 18.894 Acres,more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Vicinity: 2300 Block of 37th Street All persons being interested in this matter may be present and heard. Kim Betz City Clerk City of Evans Published in the Greeley Tribune on Saturday's October 6th, 13th, 20`h and 27`h. I FR ED-MUD MAGNET S(SCHOOL SCHOOL ,r Lit m VNC ANNEXATION AND MIDDLE SCXOOL ANNE%I Lryl SUBDIVISION(19851 (19551 / MONTEREY BA1 un _ '"II °4' ¢AN3 W L F0VRIN FlLING E a o 9751 e J cc C CORONADO BAY S' U C 4 ' STAGES AT v '7to..d.. NtIf ? V I.Mr _14 /� j VHFIG DOCKDRNE Iu ..—/ $U N a 3 Y p ,, ] HAVENCOI© I MOBILE 8 HOME ' 3 - . .BARK - I� �1 -. I •� :..,„ ANTE 2Py8 a MARINA STREET a z DE L415 �/ ORES) .0. PARK VIEW DRIVE yEO1.9 R 9 SEARS EAR SOON COU 7 t2o'N0 f0 1- _. PORT STREET 6 1 $ �1 CITY � - OPERATIONS CENTER UAY STREET y 12 ry .: yy�� , A.15SMITHAN! lb HAWK DRN I E Y--. WATE0.FRONT STREET LIP-, le _, 1 v *2ND ST D QJ:. „ Legend INN — City Limits Vicinity Map Borchert Pointe Annexation j// Project Site Public Works Department September 18, 2001 • CITY OF EVANS 1100 37TH STREET 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 asp CM1bt1 , and in support of said Petition, your petitioners allege that: �=.w 1) It is desirable and necessary that the following described territoryJ be annexed to the ♦City of Evans; s1 VeS L %tt*ti%VOA S (rb %lit u", 7#47 "OM w 4n a �Y M 1nleit•� + N vat is vs 0,4 uk.acsn. '11•tf1.t4-`'{L,pdSStM .w0. 'tWO vin)slut? 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; w , 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. .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 %it v.0 ugn'nQ. Sanitation District gNi Ins $ Fire District UbsL.E ¶it.E School District ibC•ii O06 tumor 04 Recreation District 1 U coo) Library District W E1.0 Lt VIAQ4 Ambulance District W LLD Coy. T M Jr. College District ATM h cvdttt C.ol.kGI 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 Executed this 1115 day of Liga , 20 DI . alitOt It 13V MANUA'. T'Z . 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 '?A:box wt W:Nos.%, CDIOLWD 41109g� Address Address -'. rty •caner 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 day of , A.D. 20 Witness my hand and official seal. My commission expires Notary Public **************************************************************************** Office Use Only: Date Received City Clerk 4 Petition of Annexation NM 1-0 Oat BORCHERTPOINTEANNEXATION 004•2•04.WO 1'•f00- PART OF THE NORTHEAST QUARTER OFSEC77ONZS, TOWNSHIP5NORTH, wr..r.. Oa RANGE 66 WEST OF THE 6TH PAL,COUNTY OF WELD.STATE OF COLORADO. .r» 4 CONTIGUOUS BOUNDARY• 7,860.39 L.F. micumamma TOTAL BOUNDARY. 3,860.39 L.F. 0� 0 ./...:. ".0< •:... .."0...rr+-...-..•..»... RATIO•I: I A <...T-.....0 i r_......_ ...............� `• f•`♦ . •r....• 1,1•�..u 1r e0 ...r....rr Y0/••hut.r••w C»1 AREA. ENCLAVE ACRES • e.t....owe T O.L THIS IS AN ENCLAVE ANNEXATION r�E,O,/{ �� .rT�^ T.w �+«w..�.T.TT• ! Va...„•r ••To.4 ■II J I.o o•l.a. 1.,t»w. woo..w......•..I...w .1.I.aaa al.. r.r1.am*..w w...wv....»,•Mw+..».»..�..� branlst s.+Ir. f00,0•11,..•••• S Out,s, wb.rC K4.Wj1 H'•••+..r Ii.i....OM w Mw Y am•....�*••w..r Co..• ~ .I�AfsiXtFi��/i'c'.IJrr/ vwss w, �r.••.w TT.h.....y_a..r sw.... aa..c•Ts • Pow wool n.•J • MMYSlLt 6J?29' � �"'»w:.�1." w��.i,.r.w...w..»`h:•+`�•wi��1.�'iw�`. .��1 ' LOT• LOT I lm a LOT l a w.• w."«•"a1 `:..�I ny>w__ .................00w....M. • TT Oftousom 1111 "1900 7. ,S. A i. ; R tOT s LOT• t LOT T • . LOT s �md1 iff Ilk u.v n mare 1 \,/ Iea,..s ww m r w.._ II . aoo.e.ammo. II II ............� wce»-.>•+w _ ___—___—___ _-___ ___,I r N'1{'w {x'K it '"°'w�,t"::'„ w,___ ,.... a ill legelSKI_Itaneal . I I ...ws ..1.1:n n..• .•.... 1...T.....7=7.--�..emu...........,•...., yF �, GRAPHIC SCALE _ .w,w«loan r w,.rw'.w.`..r�`.....»woo 1 . _ . �._ .:•. wMro ,.rrvrrcrr ......w.a.+..•..» LOT II LOT 11 LOT 11 LOT f 1 / .or• t l .. w....0....... V ILOOy�Irl `I LOT II LOT.1 LOT I/ LOT la x . I 6 09 :i 0001 11•••••O.0 1 w � �rx Lo I{ ti•;w w,r -�..r.,t. t W yO .I r .1w.h---...r....;.----- w 4•.w �..P..r,� , i V Z ZO r-rffsTiCAE7 p .I' III 7,-; m 1 watlM{ wa.w OWN.ew•••11•0m Ms*•...•0 000..•..wu/•...Y.*. ...•••u•r q••Cr.•h..maim a.ems •wll Cu,p....r 00,•00 r�wnr 1hw-....•.•Ow 0M..•m•C•..•... A•Cyr+1.r M 1.•.w ww 17'171 CfREE7 .YP 1..••MOM 0.000.•I.r T. TOTII 1....t a 7/01117 2001312\dwg\TOPO!MAF TOPO!MAF" ' " VICINITY HAP CM.,..• HOT TO WALT 7111 1 01 1 I BORCHERT POINTE ANNEXATION IMPACT REPORT October, 2001 The City of Evans has received a request from R.V. Borchert and North Peak Development, Inc., property owners, to annex approximately 18.894 acres to the City of Evans. The proposed Borchet Pointe Annexation is located at the Southwest corner of 23rd Avenue and 37th Street. This report is provided as required by Section 31-12-108.5 CRS, as amended, and contains information on the impact the proposed development may have on the current infrastructure and financial condition to the City of Evans. Section 1 -Maps and Utilities Enclosed as "Exhibit A" is a map showing the vicinity of the Borchert Pointe Annexation. The existing city limit lines are dashed with the subject properties being hatched. The City of Evans water and sewer utilities are represented in "Exhibit B." Other utilities are not depicted on this map, but may be extended into easements upon subdividing or dedication by the property owner. Section 2 - Pre-annexation Agreement An annexation agreement is not being prepared for this annexation. Section 3 - Providing Municipal Services/Infrastructure improvements The proposed annexation includes a combination of high density residential and commercial development. There is an existing water main in 37th Street to service this project. It is the developers responsibility to extend adequate water services for fire protection and potable water needs within the 23`d Avenue right-of-way. The site has adequate sanitary sewer service with an existing sanitary sewer main that runs adjacent to the south and west subject property lines. The City of Evans is responsible for the operation and maintenance of the Evans Wastewater treatment plant and collection system, which would service the subject parcel. Extension of all sewer mains will be the responsibility of the developer. Please refer to "Exhibit B"representing the vicinity of sewer service. Storm drainage, streets, sidewalks, and all similar infrastructure will be the responsibility of the developer. The City of Evans staff will review proposed plans related to these items to insure 1 safe, adequate facilities and improvements are installed in accordance with the City of Evans' regulations. The City intends to provide police services to the property by utilizing the present police capability, which can provide adequate protection for a short time period. Fire protection will be provided by the City of Evans Fire Department. The fire department will review development proposals for safety standards and assist the property owner with petitioning out of their current fire district. Evans Fire & Rescue will be able to provide adequate fire and rescue services to the proposed annexation due to the proximity of the City of Evans Fire Station No. 2, which is within1,000 feet of the subject parcel. Setbacks from any oil and gas well heads, tank batteries, separators and related appurtenances on this property must comply with current City of Evans regulations. Section 4 - Financing Extension of Municipal Services All of the services provided by the City will be financed through existing sources of revenue. These sources will also apply to Borchert Pointe, and include revenues for property, sales, and franchise taxes, water, sewer, drainage, and sanitation fees. The commercial impact to the City of Evans is unavailable because it is unknown what type of development will occur. Section 5 - Existing Taxing Districts Along with the City of Evans, the following districts are included in this annexation and have been notified as per CRS 31-12-108. Weld County- Board of County Commissioners, Attorney, &Planning School District#6 Northern Colorado Water Conservancy District LaSalle Fire District Weld County Ambulance AIMS Junior College Weld County Library Section 6 - Local Public School District Impact The school district recognizes that an increase in residential units creates a need for more schools. 2 Ar 1 1 SCHOOL MAGNET r I , SCHOOL �k ON7EREY!' ,. „® ° UNC ANNEXATION 09851 MIDDLE SCHOOL ANN UNC SUBDIVISION(1985) �® .,► �►� 34TH sr , ` ,}4 l: t. it p I , R ®� I .- CHESAPEAKE BAY RIVE AN DIYndADDITIO ''Q6. �I 3 D.nt-•. ,' CORONADO BAY 4 ,e ® E 19' ) � �`" I D �,,, . v ' n a OTTAGESATLAN (':• 6� 4.1.,:t.'" � ��CT .T. ONTE00 AY . .. PELICAN LN -._• S.�� 3 rtisr • • ti BO n 05: TH VILLAGE SF G.;U . ir la T® 9. O 1.''i ®� 1 ( - .11 , E+ DOCK DRIVE �`' I ;0 'IO�F .T FILING(1991)D cc -- —i .0'-' HAVEN COURT ��E " HOME .)y` y SE t .I-- ;"_x`-'J_-.._',,.(1 I " v I i .__.... SANK - --.___— MARINA STREET 4.7 P. J -- _ ANNE KA PLAT 10 TIME TOWP 0 EVANS(1.76),.:. 45. �`PARK VIEW DRIVE --- 1 ....;—........4-1,...,--,...- ' 9 i J LAGOON COU R- 7 , I I �pV` __- . minrd�ntiIiRI)VI_ L .,Q�� -' I PORT STREET S AQS`-AItt✓rAAN SX1T�0�X00 �� I g . n�� ( f 1 I I �_ I.II ..... ; �... CITY � aUAY STREET OyAY STREET OPERATI NS ®1 ! (s 3 , CENTE ;i WHARF -EE7 •I SMI liAN lt ■�r■ I J ii.k__._.. " I I ,,.., 3 OL STE WATER FRONT STREETL i I . I IR I I I I I :. --- !�. . PRAIRIE VIE`JDRI'b • L J- l_._1......L._J._._.I -.i-U t......L1L_i I I 1 I ,_L__L1 liM it I ip mi --___-_- ---: ,, .,...t 1 _ _.... . , ....„...n. =L._ . Legend Exhibit A — City Limits Vicinity Map Borchert Pointe Annexation ,z/� Project Site e Public Works Department September 18, 2001 EXHIBIT B CITY OF EVANS UTILITY SERVICE MAP WELD COUNTY, COLORADO r - - T5N, R65W, R66W OF THE 6TH P.M. .. -. : __ ____ __ I 1 1 € 1 1 1 ►t16ir I E .: F r n/` �/ viii r -- 1 `R�� •�! ...... j as masa i / A..o -L'07- MITNEM sa�-- k--:==:-m '. mrbmar. Hello