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Home My WebLink About20010970 T . The City of ofekti COLORADO March 23, 2001 Clerk to the Board of Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: Referral for comments regarding the Rocky Mountain Crossroads 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 Apri117, 2001 to determine whether the enclosed described territory, referred to as the Rocky Mountain Crossroads Annexation, is eligible for annexation to the City of Evans. The proposed annexation contains approximately 43.780 acres, and is located at the northeast corner of 65th Avenue & 37th Street. The majority of the subject parcel contains a conservation easement, except for an existing single-family dwelling and a small parcel at the intersection of 65th Avenue & 37th Street. Due to the conservation easement, most of the property will remain undeveloped. Any comments regarding the annexation should be submitted by April 9, 2001. If you have further questions, please contact me at 339-5344 extension 112. Sincerely, Elizabeth Relford Planner Enclosure Pubke Av;e S-M' o?O,/ 2001-0970 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 3307 1. The City of CITY OF EVANS � 1100 37TH STREET COLORADO 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 offvans the /1/ unincorporated territory more particularly described below, to be know as roc 4y yvto�him y�ro ysf,_ and in support of said Petition, your petitioners allege that: I) It is desirable and necessary that the following described territory be annexed to the City of Evans; so ArrAoto 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 one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election; 7) No land held in identical ownership, whether consisting of one tract to 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 Petition for Annexation Page 2 buildings and improvements situated thereon has an assesses value in excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the year proceeding the annexation, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 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 NC vJ W a 4 rf Sanitation District Fire District m',1\ k.ta fart p,o}v.ltw• t7;M+t�'4. School District %J., tie , JrQ {,,; g;>< Recreation District LA)tl O Library District t—Ot 16 L. r3/4e%( Ambulance District.,at►J Ceon1/4y A t Jr. College District A,,ns (t., . ,,,+.1 Coittry- Other 11) The mailing address of each signer, the legal description of the land owned by each signed and the date of signing of each signature are all shown on this Petition; 12) Accompany 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; Petition for Annexation Page 3 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. 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. Petition for Annexation Page 4 PETITION FOR ANNEXATION 11__ Execute Kis of bnma\ 20 d Signs ignature s %%V. So,}tso �c�'c siOLoA crrrinl Cr Soto34 O` e4' A ,Lo Address Address —DC•i..t.t.,.Q V� 1 '{LOQ SR Me.r+awtrnenl• Signature enne A e6R COIL Signa Re 041 r ove.N..., GobroAnb.u..c-- Say P r W. 1. I P' 5M SN_ - 3ns S$©t tier. Su:1/4 301 %3y Cret � Co- 4soto3K Address Address ai The foregoing instrument was acknowledged before me this t�a d• pRY PV s% 1 UQrt ,A.D. 20 12i_.. '�0,......,, 6.`,ttltt Witness my hand fficial seal. My commission expires q ILA A a OO3i %. I• BRENDA •-bA o riot 20, `R n A %/lei RAY :of Notary Public �t14.* QOS Office Use Only)0 I 6d4a ) 6. ICJ Date Received Signed Fees: CITY OF EVANS, COLORADO RESOLUTION NO. 16-2001 RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR THE ROCKY MOUNTAIN CROSSROADS 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 Rocky Mountain Crossroads Annexation,more particularly described in the County of Weld, State of Colorado, as follows: All that part of the SE1/4 of Section 21,T5N,R66W,of the 6th P.M.,County of Weld, State of Colorado,being more particularly described as follows: Beginning at the SE Corner of said Section 21 and considering the south line of said Section 21 as bearing S88°24'04"W,with all other bearings contained herein relative thereto; Thence S88°24'04"W, along said south line 2630.46 feet to the S1/4 corner of Section 21; Thence N0l°27'06"W, 705.33 feet; Thence N63°49'50"E, 332.73 feet; Thence$61°52'06"E 432.91 feet; Thence N59°01'55"E 597.91 feet; Thence S84°22'53"E 396.95 feet; Thence S65°46'05"E 244.39 feet; Thence S74°48'11"E 314.46 feet; Thence 575°24'54"E 292.59 feet; Thence N88°57'34"E 244.16 feet; Thence S00°32'29"E 591.19 feet to the SE Corner of said Section 21, said point being the Point of Beginning Excepting therefrom the southerly 30.00 feet and the Westerly,30.00 feet thereof,containing 43.780 acres more or less. 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 17th day of April,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 6th day of March, 2001. Al EST: CITY OF EVANS, COLORADO By: City Clerk yor 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 17th day of April, 2001 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 the Rocky Mountain Crossroads Annexation and is described as: All that part of the SE1/4 of Section 21, T5N, R66W, of the 6"'P.M., County of Weld, State of Colorado,being more particularly described as follows: Beginning at the SE Corner of said Section 21 and considering the south line of said Section 21 as bearing 588°24'04"W, with all other bearings contained herein relative thereto; Thence S88°24'04"W, along said south line 2630.46 feet to the S1/4 corner of Section 21; Thence N01°27'06"W, 705.33 feet; Thence N63°49'50"E, 332.73 feet; Thence S61°52'06"E 432.91 feet; Thence N59°01'55"E 597.91 feet; Thence S84°22'53"E 396.95 feet; Thence $65°46'05"E 244.39 feet; Thence S74°48'11"E 314.46 feet; Thence S75°24'54"E 292.59 feet; Thence N88°57'34"E 57'34"E 244.16 feet; Thence S00°32'29E 591.19 feet to the SE Corner of said Section 21, said point being the Point of Beginning Excepting therefrom the southerly 30.00 feet and the Westerly, 30.00 feet thereof, containing 43.780 acres more or less. Vicinity: Northeast corner of 37th Street & 65th Avenue 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 March 24 & 31 and April 7 & 14th. Ashcroft Draw 37th Street .nI S ll= I I Yll �s■ 49th Street IIC� (((��kjjyJJJ sy cu, Legend 7N No City Limits Vicinity Map Rocky Mountain Crossroads Annexation I //,I1 Project Site Public Works Department March 13, 2001 ROCKY MOUNTAIN CROSSROADS ANNEXATION IMPACT REPORT March, 2001 The City of Evans has received a request from Rocky Mountain Crossroads, LLC, property owner, to annex approximately 43.780 acres to the City of Evans. Rocky Mountain Crossroads is located at the northeast corner of 37th Street and 65th Avenue. Please refer to the attached vicinity map. 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 Rocky Mountain Crossroads 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 In December, the City and the property owner entered into a conservation easement agreement regarding the majority of the subject parcel, excluding the existing house and a small three acre parcel at the intersection of 65`h Avenue& 37th Street. Please refer to the attached map identifying the conservation easement area. Since the majority of this annexation is identified as a conservation easement, there are no plans for development. The site will remain similar to its current status. Since there will be no development on the property, there is no need for water and sewer service. If for some reason development were to occur, it would be the developer's responsibility to extend adequate water and sewer services. Please refer to "Exhibit B" representing the vicinity of sewer service. Storm drainage, streets, sidewalks, and similar infrastructure will be the responsibility of the property owner. The City of Evans staff will review proposed plans related to these items to 1 ensure safe, adequate facilities and improvements are installed. The City intends to provide police services to the property by utilizing the present police capability. Fire protection will be provided by the City of Evans Fire Department. The fire department will 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 within three quarters of a mile of the subject parcel, and the availability of adequate water services. 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 Rocky Mountain Crossroads, 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 Milliken Fire Protection District AIMS Junior College Weld County Library Section 6 -Local Public School District Impact The site contains only one single-family dwelling. However, the school district recognizes that an increase in residential units creates a need for more schools. Recently the school district purchased a 12 acre parcel along 37th Street and 47th Avenue for an elementary school site. 2 I ..,_ , • :. EVANS I PI E noon . !E ASHCR0FT DRAM ��111 0 ♦ �� , l 1 Ti 1 1 1 \��/%I�■■■ 1 H _ I - - ------ 49114 ST 00 0 :......... i ......,ry;., ...... " �%••'�� j RCS I SUED SION -, Legend --ice City Limits Vicinity Map J Property Calvin Property �j/" Boundary 0,61150/VAiltA SY-01 1+ Public Works Department December 6, 2000 EXHIBIT B CITY OF EVANS UTILITY SERVICE MAP i VELD COUNTY. COLORADO .,` - -- ! T5N R65M, R66M OF THE 6TH P.X. l d j il I u- . - _ ._w • 1- g i 00 Hi 61 Li I r-r„r-- ,.-.. ', src7ax- Hello