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HomeMy WebLinkAbout20011745.tiff D O N J . H OFF 1 025 9TH AVENUE, SUITE 309 • GREELEY. COLORADO 80631 ATTORNEY AT LAW TELEPHONE 970-356-6767 • TELECOPIER 970-353-7504 June 20, 2001 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 RE : TOWN OF SEVERANCE/SIMONSEN ANNEXATION Enclosed please find the following regarding annexation of certain property to the Town of Severance : 1 . Petition for Annexation with attached property description; 2 . Map showing major proposed streets and existing streets and roads adjacent to the property; 3 . Vicinity map showing the proposed annexation and the proximity to the existing Town of Severance ; 4 . Annexation Impact Report ; 5 . Resolution and Notice of Public Hearing which are being published in The Windsor Beacon. As you can see from the Resolution, a hearing to adopt the Ordinance annexing the property is scheduled for August 1, 2001 at 7 : 00 p.m. Sincerely, Don J. H f Attorney for the Town of Severance DJH: th Enclosures /Al /re id 2001-1745 ANNEXATION PETITION TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et . seq. , Colorado Revised Statutes, hereby petition the Board of Trustees of the Town of Severance for annexation into the Town of Severance the territory described herein and described and shown on the map designated " Simonsen Annexation " • Four (4) copies of said map are submitted herewith and by this reference ' are incorporated herein. The description of the territory hereby petitioned for annexation into the Town is set forth in Exhibit "A" attached hereto and incorporated herein by reference (Exhibit "A" must be an original printed proeprty description on 8 1/2 X 11 white paper) . In support of this petition, the petitioner (s) allege (s) that : 1 . It is desirable and necessary that the above-described territory be annexed to the Town of Severance . 2 . The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes exist or have been met in that: A. Not less than one-sixth 91/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Severance. B . A community of interest exists between the territory proposed to be annexed and the Town of Severance . C. The territory sought to be annexed is urban or will be urbanized in the near future. D. The territory sought to be annexed is integrated or is capable of being integrated with the Town of Severance . 3 . In establishing the boundaries of the territory 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, has/have been divided into separate parts or parcels of real estate without the written consent of the land owner or land owners thereof, except and unless where such tracts or parcels are already separated by a dedicated street, road, or other public way. 4 . In establishing the boundaries of the territory 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 twenty (20) acres or more which, together with the buildings and improvements situated thereon have an assessed valuation in excess of $200, 000 for ad valorem tax purposes for the year next preceding the filing of the written petition for annexation, has/have been included within the territory proposed to be annexed without the written consent of the land owner or land owners . 5 . The territory proposed to be annexed dos not include any area which is the same or substantially the same area in which an election for an annexation to the Town of Severance was held within the twelve months preceding the filing of this petition. 6 . The territory proposed to be annexed does not include any area included in another annexation proceeding involving a town other than the Town of Severance. 7. The territory proposed to be annexed is not presently a part of any incorporated town, town and county, or town. 8 . The property owned by each petitioner is described on each separate signature sheet and, when needed, described more fully in the exhibits attached hereto and incorporated herein by reference. 9 . The signer (s) of this petition comprises (s) more than fifty percent (50%) of the land owners and owning more than fifty percent (50%) of the property, excluding public streets and alleys, and any land owned by the annexing municipality, and are, in fact, owners of one hundred percent (100%) of the property set forth in Exhibit "A" attached hereto and incorporated herein by reference . Accompanying this petition are the original and four copies of an annexation plat 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, ,an identification 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 numbers of plots or of lots and blocks . Also within the boundary map, identification of any special districts the area proposed to be annexed may be part of . D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. E. A surveyor' s certificate prepared by a registered land surveyor that attests to the preparation of the map and certifies at least one-sixth (1/6) contiguity to the Town of Severance . F. Acceptance block describing the acceptance action of Town of Severance and providing for the effective date and Town Clerk and Mayor attest signatures. 10. Except as otherwise provided, no part of the territory sought 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 become effective. THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town of Severance to annex the territory described and referenced to in Exhibit"A"to the Town of Severance in accordance with and pursuant to the statutes of the State of Colorado. Land Owners Names and Signatures Mailing Address Date -"AL,A ma,,nr 35540 WCR #25, Eaton, CO 80615 0/.p3-0, Harlan D. Simonsen``A hnonZ.4..J 35540 WCR #25, Eaton, CO 80615 ct/b3/o 1 Kell y C. Simonsen The foregoing signatures were subscribed and sworn to before me this day of , 200/ , by �Arc�4 Witness my hand and official seal. My commission expires: 1- -G( atiCer Notary No l Public Q`e"1�`lE R � NOTARY ` r�L- Simonsen Annexation Property Description PROPERTY DESCRIPTION A parcel of land located in the Northwest Quarter (NW1/4) of Section Twelve (12), Township Six North (T.6N.), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the West Quarter Corner (W1/4) of said Section 12 and assuming the West line of said NW1/4 to bear North 0018'29" West with all bearings here in relative thereto: THENCE North 89'56'04" East along the South line of said NW1/4 a distance of 30.00 feet to the East right—of—way of Weld County Road #23 said point being the POINT OF BEGINNING. THENCE North 00'18'29" West along said right—of—way a distance of 2607.98 feet to the South right—of—way line of Weld County Road #72; THENCE North 89'49'32" Eost along said right—of—way a distance of 2107.51 feet to the West line of Lot A, Recorded Exemption No. 0807-12-2—RE 1571 as recorded in Weld County Records under Reception No. 2382019; THENCE along said Lot A the following two courses and distances: THENCE South 00'10'28" East a distance of 13.94 feet; THENCE South 43'06'47" East a distance of 734.26 feet to the East line of said NW1/4; THENCE South 00'11'35" East along said line a distance of 2061.44 feet to the South line of said NW1/4; THENCE South 89'56'04" West along said line a distance of 2602.29 feet to the POINT OF BEGINNING. Said parcel contains 152.860 acres more or less (±). IMPACT REPORT OF THE SIMONSEN ANNEXATION The proposed annexation is known as the Simonsen Annexation and involves the annexation of approximately 156 acres in the Northwest Quarter (NW1/4) of Section 12, Township 6 North, Range 67 West of the 6th P.M. as set forth in the property description attached hereto. The following information is provided with this report : • A. The annexation map showing the property to be contiguous to Weld County Road 23 , previously annexed into the Town of Severance . B . A map showing proposed streets, lots and blocks and a vicinity map showing the proposed annexation' s proximinty to the existing Town of Severance . C. Water service will be connected to the North Weld County Water District (Town of Severance) water lines . Sewer service will be provided by the Town of Severance wastewater treatment system. Water and sewer lines will lie within the streets as shown on the sketch plan enclosed. D. Subsequent to annexation, the area will receive such other services as are normally provided to residents of the Town of Severance . E. No draft of a pre-annexation agreement is available at the time of this report . F. The property owners will construct all water and sewer extensions, streets and such other infrastructure improvements as may be required, and no financing of such improvements will be done by the Town of Severance . G. The districts which exercise control over the property to be annexed include : 1 . Aims Community College 2 . Windsor-Severance Fire Protection District 3 . Weld County School District RE-4 4 . Windsor/Severance Library District 5 . North Colorado Water Conservancy District 6 . North Weld County Water District 7 . West Greeley Soil Conservation District H. A statement from the Windsor/Severance School District is attached. DATE : June 20, 2001 TOWN OF SEVERANCE 40QT1FOR IRE 0N NDSOR Brion L Leaman SuperhUiwndent of Schools Jocutvy 8,2001 Sian 13vcrht VIA Pax Thnsnlsslon 22).4156 (Nu original to follow onlnss requested) Dear Stan: I'leaso accept this hnpael slak room regarding the proposed Simonsen P.U.D.annewltion submitted for our review. Based on the'lntbrtnatton previdat to dote,it appears Own this development will gcneww an ostintatcx1$00 residential lots. Dared on CBI nail district planning standards,this dovolopuiont would gctwrate approxdotately 400 Studtmis la the Windsor School Whirr based on our curnmi atndrnn yield tate of approximately Aoudads per unit. lathe short I enu these students would be trnnipotted to existing schools in the district The district is at capacity at the elementary and high school levels with room ter growth at the middle level. Given this condition,it Is roasanabfo to assume that the datriel will soon need to to to the vote's to add un to existing facilities or build a new fartltty. At 100%build out,nadir an students wont transported,the district would neod 5 new buasos for transportation at a cent of approximately$77.000 each(4185,0001a total)plus ddver salaries on an aimed bans esthnnted to be$9,200 fur each driver($46000 in total). A school in Severance may servo tho site ht file future as other develapnwatty bring more xtudtltis to the conamedty of Severance. Thomtmlter of units a1nctuly proposed would mat MU to call ter the dedigdiou of a school site at Ibis location However,In conjunction with other clevelpmerus,this development will add to Um need for the development anew school sites. Given this impact to the district,we would cull for a contribution of$1,214 per unit developed to the school district,the cargrl district standard as a cash-in,Bgt of land dedication payment The district does not Curre ttly have an uttorgovemui tal agrvemani with Utu Town ofSoveranty but is pinning one that and would ngnire such a donation, This oath-in-lieu payetcnt win mitigate costs associated with the purchase fee iswith aonew school,but rather,thent of u future acquisition and developmt ent.Thus feocou d be paid e c at the time each building pet mit is drew t ((yon have any questions regarding this impact statement led free to contact me. Shtooml , Biiaa t,,I,e a man Superintendent of Schools wki -4 1020 otaln Street • P.O. Box 609 • Windsor,0UNTY scrum.mita COcc 4050 • (970) 888-74tt • Fax (970) 486-5280 Jun-15-01 O1 : 1OP Town of Severanca 970-686-6250 P.O2 RESOLUTION NO. 2001-42a_ A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF THE SIMONSEN ANNEXATION IS IN SUBSTANTIAL COMPLIANCE WITH C.R.S. 21-12-107 (1) AND SETTING A DATE FOR A HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE TO CONSIDER ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED. WHEREAS, the owners of 100% of the property known as the Simonsen Annexation have filed a Petition for Annexation of the hereinafter described property to the Town of Severance, and; WHEREAS, the Board of Trustees has determined that the Petition is in substantial compliance with C.R.S. 31-12 107 (1) and that a hearing on such annexation should be scheduled as provided by Colorado law. NOW THEREFORE 8E IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO AS FOLLOWS: Section 1 The Board of Trustees hereby accepts the above described petition for annexation and finds and determines that the petition for annexation of the property described as the Simonsen Annexation and as described in Exhibit "A" attached hereto is in substantial compliance with the requirements of C.R.S. 31-12-107 (1) and Section 30 of Article II of the Colorado Constitution and desires to initiate annexation proceedings in accordance with law. gection 2 . The Board of Trustees will conduct a public hearing on the 1st day of August, 2001, at the hour of 7:00 p.m. at the Town Hall, Town of Severance, 336 1st Street, Severance, Weld County, Colorado for the purpose of determining whether the area proposed to be annexed meets the applicable requirements of C.R.S. 31-12-104 and 105, and to determine whether the area should be annexed to the Town of Severance. Section 3. The Town Clerk is hereby directed to publish notice of this hearing once each week for five weeks in the )Jindsor Deacon, the designated newspaper for the Town of Severance. PASSED, ADOPTED AND APPROVED THIS 6th day of June, 2001 . TOWN OF SLtja EVERDA�NCE8QrzAv'i BY: ATTEST: 01.4414".4N CLERK Jun-16-01 O1 : 1OP Town of 5mmmma nos' 970-685-5250 P.03 • • • EXHIBIT "A" Simonsen Annexation • Property Description • PROPERTY DESCRIPTION • A parcel of land located in the Northwest Quarter (NWI/4) of Section T!dve (12). Township Ss North (T.6N.), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (8th P.M.). County of WWetd. State of Colorado and being more particularly described as follows; COMMENCING at the West Quarter Comer (WI/4) of said Section 12 and assuming the West line of sold NW1/4 to bear North 0018'29' West with all bearings here in relative thereto: THENCE North 89'56'04 cost along the South line of said NW1/4 o d- once of 30.00 feet to the East right—of—way of!Weld County Rood 123 said point being the FptNT OF BEGINNING. THENCE,North 0016'29" West along said right—of—way a distance of 2 7.98 feet to the South right—of—way line of Weld County Road /72; THENCE North 89'49'32" East along sold right—of—way a distance of 2107.51 feet to the West line of Lot A, Recorded Exemption No. 0607-12-2—RE 1571 as recorded In Weld County Records under Reception No. 2382019: THENCE along sold Lot A the following two courses and distances: THENCE South 0010'28' East a distant, of 13.94 fast: THENCE South 43108'47' East a distance of 734.26 feet to the East tine of sold NW1/4: THENCE South 00'11'35' East along sold line o distance of 2061.44 feet to the South fine of said NWI/4; THENCE South 69'56'04 West along said line a distance of 2602.29 feet to the POINT OF BEGINNING. Sold parcel contains 152.660 acres more or less (f). I • . • • .Jun-15-01 01 : 11P Town of Severance 970-686-6250 P.04 NOTICE Notice is hereby given that on the 1st day of August, 2001, at the hour of 7:00 p.m. , at the Town Hall, located at 336 1st Street, Severance, Weld County, Colorado, the Board of Trustees of the Town of Severance will hold a public hearing on a Petition for Annexation an area known as the "Simonsen Annexation" as more particularly described in Exhibit "A" attached to this notice. The property proposed to be annexed is a parcel of land located in the Northwest Quarter (NW1/4) of Section Twelve (12) , Township Six (6) North, Range Sixty-seven (R67) West of the 6th P.M. The Resolution fixing the foregoing hearing d to accompanies this Notice. The hearing shall be for the purpose of determining and finding whether the area proposed to be ann xed meets the applicable requirements of C.R.S. 31-12-104 and C .S . 31-L.2 -105 and Section 30 of Article 11 of the Colorado Constitution, to determine eligibility, and to determine if the area should be annexed to the Town of Severance. The Petition for Annexation and accompanying maps of the area proposed to be annexed are on file with the Town Clerk at the Town Hall located at 336 1st Street, Severance, Colorado, and may be inspected during normal business hours. GIVEN BY ORDER OF THE BOARD OF TRUSTEES OF THE TOWN OF •-. SEVERANCE, COLORADO. CAND�� A BRIDGWA• TOWN CLERK I II ' iii :41 I [IS �� III ill f f r D i t ard ' �f} 1 ! 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