HomeMy WebLinkAbout20012796 City of Broomfield
ONE DESCOMBES DRIVE BROOMFIELD,CO 80020 (303)469-3301
September 27, 2001
VIA REGISTERED MAIL
Weld County
Board of Commissioners
915 10' Avenue
P O Box 758
Greeley, CO 80631
RE: Notice of Annexation
1± Acres — Northwest corner of Weld County Road 6 and Weld County Road 11.
Brethren Gathered unto the Name of the Lord Jesus Christ
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
Sincerely,
Ytda /flail,
Vicki Marcy
City Clerk
Enclosures
pc: John Franklin, Planning Director
Roy Howard, City Attorney
Process File
2001-2796
Arh/'c .f'' ee&' •
11f?' l
F 1 �,rc`
-Notice laharaDy Viventrx Mi=lolkMMnni', q9 Yllf»4Atdi 'ln.Broomfield City Council
at the time,date,and place desrAbed ow.All persons in any manner iueresled In the fdldwing des-
.giber.hearing are requested to attend such hearing and aid the City Council in its consideration of the
matter.Following reports by staff and the applicant,an opportunity will be afforded those persons deeir-
1' Yoe k on Oils Proposal.
October 23,2001
PLACE Council Chemben
One DesCombes Drive
The public hearing is scheduled abed in at Bd10 p.m.Depending upon to Council%agenda the public
hearing may begin after the scheduled time.It is suggested that Interested parties be in attendance at
6:00 p.m.
Properly Location Northwest corner of Weld County Road S.and Weld County
Road 11.
No.of Acres 1+-
Applkxnt Brethren Gathered unto the Name of the Lord Jesuit Christ.
ACTIONS
1. Determining and finding whether the area proposed to be annexed meets the applicable
requirements of sections 31-12-109 and 31-12-105,C:R.S.and is considered eligible for
annexation.
2. Inclusion of the Property Into the Northern Colorado Water Conservancy District and Municipal
Subdistrict,Northern Colorado Water Conservancy District: d e
A copy of the resolution initiating annexation proceedings and legal description Cl property are
Questions concerning this proposal may be answered by contacting the Planning Department at
.438$245.
RESOLUTION A P NPETITION
N001-243
OR
RESOLUTION FINDING DINSE ION 23,7 N,R ANNEXATION FTH
F
A 1+-ACRE PARCEL LOCATED IN,STATE
IN THE 6TH P.M.:COUNTY
OF WELD,STATE OF COLORADO,I2
SUBSTANTIAL Iof 1+-acre Epa WIcel H SECTION 31d7 approximately
C.R.S.
WHEREAS,d8 11 owners ti a ed red pcoun of land nlocated �malrce,said
Weld
County d in Exhibit 6 b 11 attac petihenetl the'cily council for annexation tl parcel,Wd parcel being
tleeeriNO , E .F attached.BEIT RESOLVED
ereto;
NOW,THEREFORE,BE' flESOLVEDBV THE CITY COUNCIL OF THE CITY OF BROOMFIELD,
COLORADO:
carrion A.The city council onershereby see as follows:
A. The mewnen of onehements leech of t31 12-10 excluding an31-12-public streets and
alleys,l partitioned
the the requirements annexation o1 1e he area.and 31-72-105,C.R.S..have
Thepnedthedrye on the anoilyfiledwith clerk on or before September 18,2001.
C. 1The1) nnsoxdslnthakNs deibal
y1) An allegation of nthal it N,Col end neceseery that such yeas be annexed to
the City of Brehm-the Colorado,
(2) An allegation that theiavtb real of sections el-12-104 and 31-12-105 C.R.S.,
An allegation
legatio i that
seenweer whet.
(3) An alreeerithat the signers of the petitions the pr the proposed
t one
exclusive
percent iofs territory included in area propose to be annexed,
A qu request tha streets and pprov..
(4) enrnxed that the City approve the annexation ol the area proposed to be
5 The signature of the landowners.
The ma0ing address of each signer.
The legal deacd on of land ownedby each signer.
The date of ng of each signature.
D. mpanying the p�r are tea copes of an annexation map-containing the
following information
(1) A written legal description of the boundaries of area proposed to be
annexed.
I (2) .A map showing-Its boundary of to area proposed to be annexed.
(3) Within the annexation boundary map,a showing dite location of each
ownenhlp tract In unplatted land and,if pert Or all 01 the area is plated,
the boundaries and the plat number of plots or of tots 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
municipally abutting the are proposed to be annexed.
.E. No signature on the petition is dated marathon one hundred and eighty days prior to
the date of filing the petition for annexation with the clerk.
G. Said petitileric ons referred
e in substantial comphe petitions liance with sect governing ion
as a 1107(11)),C.R.S.
Sermon 7.As required by section 31-12-108,C.R.S.;the city council will hold a hearing to determine d'
•the propose be d
g�annexation compuired to plies with sections 31-12-104 and 31-12-105,C.R.B.,or such puts thereof
I as l Annexation Act of 1865.Such
hearings srhalll be combined and eligibility
ld concurrently with the mpuubllcnhear hearing on the ordinance annexing
the-council ehambesers a tor t annexation.ee ton The a DrMearing shell be held on October 23.2001,.at 6:00 p.m.,in the
�77ryryte resolWon k effective upon its approval by the city council.
PROVED on:September 18.'2001.
CITY OFBFIOOMFIELD,COLORADO
Mayor William M.Berens
Mayor.
ATTEST:
APPROVED AS TO FORM:
�je ilzx5. oowa d
EXHIBIT A`
. .. RESOLUTION
NeNO.2001-243
to be annexed.
A parcel of land located In of Weld,SalSp10l1oer�mtions Descrip of tion
23,T more ow euhhllapp 1 rty No North,Range 88 West of the 6th Principal
MeridianA ONE ACRE SQUARES PARCEL LANDte of ,203.75 FEET'BY 206.75b desc es ribed
E ANNEXED TO THE
CITY OF BROOMFIELD,LOCATED AT THE SOUTHEAST CORNER OF THE SOUTHEAST ONE-QUART-
ER,SECTION 23,TOWNSHIP.ONE NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL:MERIDIAN,
DESCRIBED AT BOOK 1472, PAGE 338,.CLERK AND RECORDERS OFFICE, COUNTY OF WELD,
STATE OF.COLORADO, THAT. PARCEL BEING THAT PARCEL EXCEPTED FROM THE CITY OF
BROOMFIELD ANNEXATION MAP RECORDED AT RECEPTION NUMBER 2805938 OF SAID RECORDS.
SAID PARCEL OF LAND CONTAINS 1.00 ACRES(MORE OF LESS).
ToLn-/87OTAT.LP 7 EREIMMET201.75 FEET
7XlFEET
CONUGUOUS PERIMETER '935.00:FEET
Published September 22,26.October 3 and 10,2001 in the Broomfield Enterprise—188244.
RESOLUTION NO. 2001-243
A RESOLUTION FINDING A PETITION FOR ANNEXATION OF
A 1±ACRE PARCEL LOCATED IN SECTION 23, Ti 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 owners of a 1± acre parcel of land located approximately
northwest of Weld County Roads 6 & 11 have 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 petitions will be filed with the city clerk on or before September 18,
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
annexation. The hearing shall be held on October 23, 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 September 18, 2001.
CITY OF BROOMFIELD, COLORADO
Mayor
ATTEST:
Uk�
City Clerk �
APPROVED AS TO FORM:
v<�Cf?/I/ll
City Attorney, D.e60
2
EXHIBIT A
RESOLUTION NO. 2001-243
Legal Description of the property to be annexed.
A Parcel of land located in portions of Section 23, Township 1 North, Range 68 West of
the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described
as follows:
A ONE ACRE SQUARE PARCEL OF LAND, 208.75 FEET BY 208.75 FEET, TO BE
ANNEXED TO THE CITY OF BROOMFIELD, LOCATED AT THE SOUTHEAST
CORNER OF THE SOUTHEAST ONE-QUARTER, SECTION 23, TOWNSHIP ONE
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED AT
BOOK 1472, PAGE 338, CLERK AND RECORDERS OFFICE, COUNTY OF WELD,
STATE OF COLORADO. THAT PARCEL BEING THAT PARCEL EXCEPTED FROM
THE CITY OF BROOMFIELD ANNEXATION MAP RECORDED AT RECEPTION
NUMBER 2805938 OF SAID RECORDS.
SAID PARCEL OF LAND CONTAINS 1.00 ACRE ( MORE OR LESS )
TOTAL PERIMETER 835.00 FEET
1/6 TOTAL PERIMETER 208.75 FEET
CONTIGUOUS PERIMETER 835.00 FEET
3
RECEf',fa
CM'CLERK'S OFFICE
PETITION FOR ANNEXATION OF UNINCORPORATED
TERRITORY IN THE COUNTY OF 'We-1 d , STATE OF COLORADO
TO THE CITY OF BROOMFIELD.COLORADO
TO THE MAYOR AND CITY COUNCIL OF BROOMFIELD,COLORADO:
The undersigned, being the owner of the property described in Exhibit A attached
hereto, excluding public streets and alleys, 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 Feld , State of
Colorado,to-wit:
For legal description see Exhibit B 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
Revised: 11/8/00
petition100%.doc
Petition for Annexation 2
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
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.
BP2T' ? 1 G.LTITZLTT0 T: YALE Cif TIE
4. rnFn r ,rr Twr is the owner of the property
described in Exhibit A attached hereto, excluding public streets and alleys.
5. The mailing address of the Petitioner is as follows:
Gospel Hall
/iOl3 -,Ilolrt Cnnn}.2r 77nar' A
Erie. 00. 000`16
(No mail delivery to the above address)
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.
Revised: 11/8/00
100%petition.doc
Petition for Annexation 3
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
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.
Revised: 11/8/00
100%petition.doc
Petition for Annexation 4
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):
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 NORTH METRO FIRE RESCUE 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 North Metro Fire Rescue District.
Your petitioner further requests that the City of Broomfield, Colorado, approve the
annexation of the area proposed to be annexed.
r JEN GATE=S"_, TO TEE J'A2':' OF
TY: LOW ITS US Timm.
Revised: 11/8/00
100%petition.doc
Petition for Annexation 5
Date ::ay 15, 2001
=rr- .. LORD CHRIST. ( A
r;��::�ti a G:s�,:_:_:� TO z �?:�_ CF r,�_, Lc � JESUS �.�.��� . Corp.)
A.K.A. GOSPEL HALT
Revised: 11/8/00
100%petition.doc
•
Petition for Annexation 6
STATE OF COLORADO )
)ss.
COUNTY OF .ID )
The foregoing instrument was acknowledged before me this S ` day of
rn
" ,20 ja., by &k cot 1 Vi expo-- as Sep y-areas
My commission expires ( ,/ 3/0 •
ary lic
Witness my hand and official seal.
Revised: 11/8/00
100%petition.doc
Petition for Annexation 7
EXHIBIT A
ANNEXATION PETITION
Legal Description of the property owned.
One sgvare acre in the 3oi.r h€ast corner of the 3E 1/4
of the s 1/4 of Section 23, Township 1 ?Tort., of
P,,E.nge 68 :;Test of the 6th P. =., '::eld County, Colorado.
•
•
Revised: 11/8/00
100%petition.doc
Petition for Annexation 8
EXHIBIT B
ANNEXATION PETITION
Legal Description of the property to be annexed.
One aqu=:re :7:cre in the Southeast corner of the S::� 1/4
the i}
of 1/4 of Section 23, To-.,nehip 1 North., of
i.n e 6o .Nest of the 6th P. .., ..eld Count;, Colorado.
Revised: 11/8/00
100%petition.doc
Petition for Annexation 9
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
COUNTY OF :=353 )
The undersigned, Harold Vienot ,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 5/ /()(
Subscribed and sworn to before me this 5 day of rrciLy ,20 0 I .
My commission expires (e/\3/C3 .
otary ublic
WITNESS my hand and official seal.
Revised: 11/8/00
100%petition.doc
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