The URL can be used to link to this page

Browse Search

Home My WebLink About20010700 WELD The City of ' s. 7, —i Fµ e: 0'3 otaigi COLORADO March 7, 2001 Clerk to the Board of Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: Referral for comments regarding the O1' Homestead 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 April 3, 2001 to determine whether the enclosed described territory, referred to as the O1' Homestead Annexation, is eligible for annexation to the City of Evans. The proposed annexation contains approximately 4.64 acres, and is located in the 1900 block of 42nd Street. Since the proposed annexation comprises less than ten acres, an annexation impact report is not required. If you have any questions or comments please contact me at 339-5344 ext. 112 by March 26, 2001. Sincerely, @Alia- Elizabeth Relford Planner Enclosure pail e. , ,te o ,6-4,_.026,07 2001-0700 1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5W • ax: (970) 330-3472 Fe: 14 AO) (7/91 g4 (5°i li/45o The City of I oor CITY OF EVANS 1100 37TH STREET COLORADO EVANS, COLORADO 80620 APPROVED 970-339-5344 EXT. 112 CITY OF EVANS REFERENCE# AM 10- atw DATE q a SIGNED PETITION FOR ANNEXATION (1EC-e1V 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 Evaps the unincorporated territory more particularly described below, to be know as Ck. ' /y'Mf 5rf4b , and in support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory be annexed to the City of Evans; C „ - S£E. /4TI74CH£b EXHIBIT 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 (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, CRS, AS AMENDED.) (MORE THAN TEN ACRES AND AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-108.5, CRS, AS AMENDED, IS REQUIRED.) (TEN ACRES OR FEWER AND AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-108.5, CRS, AS AMENDED, IS NOT REQUIRED.) 10) The area proposed to be annexed is located within Weld County, and the following special districts: Water Districts NCW WATER l CCW WATER" C C5 WATER Sanitation District N/A Fire District L.R SA t.c.t FIRE School District Sr Hoot.. -D I STRICT. (o Recreation District N/A Library District (AJfLD 6RARy Ambulance District NIA Jr. College District' ' AIMS .NIOR L tLE 6e Other W E L D c2. u N r"y 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 conditions, which shall be covenants running with the land, and which shall, at the option of the City, appear on the annexation map; 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 waive 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. 15) Petitioner represents that: (Check one) VNo 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. Petition for Annexation Page 4 PETITION FOR ANNEXATION Executed this /1171 Day of SePTFMSf2 Nameai.4a amN e 595 V2 ,, Sz 19 95. ya^.r 5h a2EEtf 00 866)34 Gr ee,l Cy, <0 80 3y Address / Address Name Name Address Address T e foregoing instrument was acknowledged before me this I/rk day of A.D. t9'2.onn /y �1jYPUBy� Wit my hand and official seal. My commission expires `7 -.) - Lazo/ %R : i •r PATRICIA tioNotary Public ` RIFFE r i I .0A, O5 Office Use Only ili3JW Date R ived Signed Fees: CITY OF EVANS, COLORADO RESOLUTION NO. 12-2001 RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS FOR THE OL' HOMESTEAD 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 O1' Homestead Annexation, more particularly described in the County of Weld, State of Colorado, as follows: Lot Five(5)and the West Half of Lot Six(6),Except the following Two(2)parcels of land within said Lot 5: #1: Book 611,Reception Number 1533310 as recorded June 26, 1969 #2: Book 646,Reception Number 1568438 as recorded May 25, 1971 all being within the Southeast Quarter of the Northwest Quarter(SE1/4 NW 1/4) of Section Thirty(30), Township 5 North(T.5N), Range Sixty-five West(R.65W.) Of the Sixth Principal Meridian (6th P.M.), County of Weld,State of Colorado according to the Subdivision of Lands by the St.Louis Western Colony, containing 4.64 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 I,Article 12, Title 31,CRS: A hearing shall be held on the 3r" 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 20"' day of February, 2001. ATTEST: CITY OF EVANS, COLORADO � L, a By: City Clerk it ay 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 3rd 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 O1' Homestead Annexation and is described as: Lot Five (5) and the West Half of Lot Six (6), Except the following Two (2) parcels of land within said Lot 5: #1: Book 611, Reception Number 1533310 as recorded June 26, 1969 #2: Book 646, Reception Number 1568438 as recorded May 25, 1971 all being within the Southeast Quarter of the Northwest Quarter(SE1/4 NW1/4) of Section Thirty(30), Township 5 North (T.5N), Range Sixty- five West(R.65 W.) Of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado according to the Subdivision of Lands by the St. Louis Western Colony, containing 4.64 acres, more or less. Vicinity: 1900 Block of 42nd 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 March 3, 10, 17 & 24th. Lo I7 ' t C G, Si'sl i:2 V sP 39TH ST ♦ ICLIIIII1-1)H 1 40TH ST 39TH ST CT n n ^ n u F ze LL] le w s0- �`'� $ 2 ¢ 4 40TH ST CT 3 8 „ • wi 41ST ST 41" sr st Nrs / NE% t i Inn1 h e 2 e : n e I p 4 0 • w � r � r 5 1. SP M 5 % Nr CITY LIMITS--, ,,,_,‘..� /3 " 6 n 0 .a 0 0 , J` ',i` %F. S J n 1 4 Legend m City Limits Vicinity Map The OL' HOMESTEAD Annexation /�J{ Project Site Public Works Department February 20, 2001 The OL' HOMESTEAD Annexation 49 + +I 30 I /63' 209 .[-‘,....LOT,-LOT 6 . N • SCALE: I" a /00' p I13 . • 1 WO' I b C h 2I S O NI . h m H In o 9t N • in in . Pn Wilit. E h *I co • N O �- ti S 42nd Street ..286'1` 44- //////// Evans Olty Limits Note: This easement as delineated within the Special Warranty Deed as recorded October 31. 1991 in nook ISIS as Reception Number 02267798 of the records of the Weld County Clerk and Recorder states this strip of land as being an easement.•'It dots not define for what purposes this easement may be used.. The strip of land is currently being used for ingress/egress and also for utility purposes. EXHIBIT"Afe PROPERTY DESCRIPTION Lot Five(5)and the West Half of Lot Six(6),EXCEPT the following Two(2)parcels of land within said Lot 5: #1: Book 611,Reception Number 1533310 as recorded June 26,1969 #2: Book 646,Reception Number 1568438 as recorded May 25,1971 all being within the Southeast Quarter of the Northwest Quarter(SEI/4 NW 1/4)/4)of Section Thirty(30),Township Five North(T.5N.),Range Sixty-five West(R.65W.)Of the Sixth Principal Meridian(6th P.M.),County of Weld,State of Colorado according to the Subdivision of Lands by the Saint Louis Western Colony,containing 4.64 acres,more or less. CONTIGUOUS BOUNDARY INFORMATION -Entire perimeter equals two thousand two hundred fifty feet(2,250')- -North boundary of four hundred ninety five feet(495')is contiguous with the Smith Annexation(1986)- -South boundary of two hundred eighty six feet(286')is contiguous with the Sears Farm Annexation(2000)- -Minimum 116th contiguous boundary required=three hundred seventy five feet(375') -Actual contiguous boundary=seven hundred eighty one feet(781') Hello