HomeMy WebLinkAbout20011052.tiff WELD (' ..,.,
City of
Greeley inD
April 3, 2001 r:
En
TO: Weld County Commissioners
Weld County Attorney's Office
Windsor Library District
Aims Community College
North Colorado Water Conservancy District
School District RE-4
Windsor-Severance Fire District
West Greeley Soil Conservation District
FROM: Cheryl Aragon, Deputy City Clerk /la,
SUBJECT: Lundvall West Annexation l�
The Greeley City Council received a petition for annexation of property located generally north of
Highway 34 Bypass and east of Weld County Road 17, known as the Lundvall West Annexation.
Your taxing district/jurisdiction is listed as being one of which the territory proposed for annexation
is a part. A public hearing will be held on Tuesday, May 15, 2001, to determine whether this
property is eligible for annexation.
A copy of the notice of public hearing, a copy of the resolution which sets the public hearing, and a
copy of the petition(s) as filed are attached. As indicated in the notice and resolution, the public
hearing will be held:
May 15, 2001
6:30 p.m.
City Council Chambers
Public Safety Building
•
919 Seventh Street
Greeley, Colorado
If additional information is desired or if you have questions, please call the City Clerk's Office at
350-9743.
f Dubl Aeil, E'c
SERVING OUR COMMUNITY • I T ' R A TRADITION
Tde promise lo preserve andimproue/Lie yual/y o`l`e for✓5reeley/Eirou9Fi/imel, courteous and.cosh e 2001-1052
PLEASE PUBLISH THE ATTACHED NOTICE AND RESOLUTIONS ON THE FOLLOWING
DATES (PLEASE CONFIRM WITH INSERTION NUMBERS BY RETURN E-MAIL OR
FAX)
1. April 6, 2001
2. April 13, 2001
3. April 20, 2001
4. April 27, 2001
Account Number 411030-7418
NOTICE
Notice is hereby given that the City Council of Greeley, Colorado, will hold a public hearing on a
proposed annexation of territory to the City of Greeley. The hearing shall be held on May 15,2001,in
the City Council Chambers of the Public Safety Building, 919 7th Street, in the City of Greeley,
Colorado,beginning at 6:30 p.m. or as soon thereafter as the matter can be heard by the City Council
on that date. The purpose of the hearing is to determine whether said property is eligible for annexation
under Colorado law. Persons wishing to examine the annexation petition,resolution, and any exhibits
thereto,may do so at the office of the City Clerk during business hours. This territory is described in
an annexation petition which has been filed with the City Clerk as:
• the "Lundvall West Annexation" located generally east of Weld County Road 17 and north of
U.S. Highway 34.
Dated this 3`d day of April, 2001.
Betsy Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 26, 2001
A RESOLUTION FOR THE LUNDVALL WEST ANNEXATION PETITION
FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS
AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION
WHEREAS, Elmer Lundvall submitted a petition to the City of Greeley for
annexation of property located generally east of Weld County Road 17 and north of U.S.
Highway 34 in Weld County, Colorado known as the "Lundvall West"Annexation, more
specifically described as Exhibit A; and
WHEREAS, the City of Greeley staff has found substantial compliance of the
annexation petition in conformance with C.R.S., § 31-12-101, et seq.;
WHEREAS, C.R.S., § 31-12-108 requires that the City Council establish a date, time,
and place to hold a hearing to determine if the proposed annexation complies with § §
31-12-104 and 31-12-105, or such parts thereof, to establish eligibility for annexation to
the City of Greeley; and
WHEREAS, the City Clerk shall deliver notice and publish the date, time, and place
for said hearing.
NOW THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL OF
THE CITY OF GREELEY, COLORADO.
1. The annexation petition is found to comply with C.R.S., § § 31-12-104 and 31-
12-105.
2. The public hearing for consideration of the proposed annexation petition is hereby
set for May 15, 2001, at the Greeley City Council Chambers, 919 7th Street,
Greeley, Colorado, during a regular City Council meeting beginning at 6:30 p.m.
3. The City Clerk is hereby authorized to publish and notify required parties
pursuant to C.R.S., § 31-12-108(2).
4. This resolution shall become effective immediately upon its passage.
PASSED, AND ADOPTED, SIGNED AND APPROVED this 31iD day of APRIL,
2001.
ATTEST: THE CITY OF GREELEY, COLORADO
vAt , A dkrectu By:
City Cl, k Mayor
EXHIBIT A
PROPERTY DESCRIPTION:
A tract of land being all of the West half of Section 9, EXCEPT that part of the West half of Section 9
previously annexed as ROCHE ACRES ANNEXATION and EXCEPT that parcel of land described in Book
545, Reception Number 1467237, Weld County Records, and INCLUDING adjacent right-of-way for Weld
County Road 17 located in the East half of Section 8, all in Township 5 North, Range 67 West of the Sixth
Principal Meridian, Weld County, Colorado and being further described as:
BEGINNING at the North Quarter corner of said Section 9 and considering the East line of the Northwest
Quarter to bear South 00°31'52'West with all other bearings contained herein being relative thereto;
Thence South 00°31'52"West, 3694.46 feet along the East line of the Northwest Quarter and the East line o'
the Southwest Quarter to the Northeast corner of said parcel described in Book 545, Reception Number
1467237, Weld County Records;
Thence along the North and West sides of said parcel by the following two courses;
South 89°29'38"West, 500.00 feet;
South 00°31'52"West, 1548.10 feet to a point on the North right-of-way line of U.S. Highway 34;
Thence along said North right-of-way line by the following 3 courses;
South 89°29'38"West, 1931.45 feet;
North 45°35'59"West, 141.11 feet
North 89°45'54"West, 30.00 feet to a point on the West line of the Southwest Quarter of Section 9;
Thence North 89°45'54"West, 30.00 feet to a point on the West right-of-way line of Weld County Road 17;
Thence along said West right-of-way line by the following 4 courses;
North 00°16'41"West, 2511.93 feet;
North 00°12'56"West, 1290.87 feet;
South 89°42'38"West, 20.00 feet;
North 00°12'56"West, 1401.37 feet
Thence North 89°I I'25" East, 50.00 feet to the Northwest corner of said Section 9;
Thence South 89°07'55" East, 2633.39 feet to the POINT OF BEGINNING.
Said tract of land contains 300.82 acres, more or less.
•
33
RECEIVED
PETITION FOR ANNEXATION MAR 1 6 2001
Lundvall West ANNEXATION CITY CLERK'S OFFICE
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY,
COLORADO:
The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. seq., Colorado
Revised Statutes, 1973, as amended, hereby petition the City Council of the City of Greeley
for annexation to the City of Greeley of the territory described herein and described and shown
on the map designated, " Lundvall West 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 to the City of Greeley is set forth
in Exhibit A attached hereto and incorporated herein by reference.
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 City of
Greeley.
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 (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the City of Greeley.
B. A community of interest exists between the territory proposed to be annexed and
the City of Greeley.
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 City of Greeley.
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 does not include any area which is the same or
substantially the same area in which an election for an annexation to the City of Greeley
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 city other than the City of Greeley.
7. The territory proposed to be annexed is not presently a part of any incorporated city, city
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 comprise(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 City of
Greeley.
F. Acceptance block describing the acceptance action of the City of Greeley and
providing for the effective date and City Clerk and Mayor attest signatures.
G. Notary public signature block, attesting to the authority of the Mayor to execute
acceptance of the annexation.
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.
11. As an expressed condition of annexation, land owner(s) consent(s) to inclusion into the
Northern Colorado Water Conservancy District and the municipal subdistrict pursuant to
Section 37-45-136 (3.6) C.R.S. Land owner(s) acknowledge(s) that, upon inclusion into
the district and subdistrict, land owner's(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 and subdistrict at the time of inclusion of land owner's(s') lands.
Land owner(s) agree(s) to waive any right to an election which may exist to require an
election pursuant to Article X, Section 20, of the Colorado Constitution before the
district and subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Land owner(s) also agree(s) to waive, upon inclusion, any right
which may exist to a refund pursuant to Article X, Section 20, of the Colorado
Constitution.
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Greeley,
to annex the territory described and referred to in Exhibit A to the City of Greeley in
accordance with and pursuant to the statutes of the State of Colorado.
Land Owner(s) Name(s) and Signature(s) Mailing Address Date of Signing
See Attached
The foregoing signature(s) was/were subscribed and sworn to before me this day of
200 , by
Witness my hand and official seal.
My commission expires
Notary Public
Land Owned
If necessary, attach separate sheet.
"OWNERS"
a
Ma fe Jo hismar a Moore, a/k/a Jamar,
�l� ) a/k/a Jackie Moore-Davis
er E. L all CHISMOORE, LLC
0,c-ed-le-s-r-/. e.C By ,;went "MA 97...61
Faye L. Lundvall J: a C.Moore,a/k/a Jackie Moore,Manager
LUNDV -SIX,LLC LUNDV >LLC
E er E.Lundy er E.Lundy err liner E. Lundval er
JOHN S7E CO.
By �� ,� .�-
John Shupe,President
STATE OF COLORADO )
)ss
COUNTY OF WELD )
The foregoing signatures were subscribed and sworn to before me this 6d'day of September,
2000.
Witness my hand and official seal. C.ThNotary(Pt\blic
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My Commission Expires: IT\NAN O.,x,091 ���g e. TINs7'/4
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CITY OF GREELEY ANNEXATION INFORMATION SHEET
The following information is required to process the annexation of land into the City of
Greeley. This sheet must be attached to a completed annexation petition.
TO BE COMPLETED BY APPLICANT Date March 5, 2001
1. Name of Annexation Lundvall West Annexation/a.k.a. Lundvall Annexation #9
2. Name of Property Owner(s) Elmer E. Lundvall and Matthew John Chismar Trust II
3. Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if
necessary):
The West Half of Section 9, T5N, R67W of the 6th PM, Weld County,
Colorado (Highway 34 at County Road 17)
4. Person to Contact (Name, Address and Phone)
Elmer E. Lundvall, PO Box 632 Greeley CO 80632 (970) 339-8730
5. Size (in acres) 300.82 (approximately)
Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an annexation
impact report. The annexing body and the County Commissioners may agree to waive
such report, but a letter to that effect must accompany this petition.
Check One: [x] Land Owner-Initiated
[ ] Municipally Owned (C.R.S. 31-12-106)
[ ] Enclave (C.R.S. 31-12-106)
5. Attach a list of all special districts (including school districts) of which the territory
proposed for annexation is part.
6. Attach a list of all residents (and their addresses) of the territory proposed for annexation
who are not land owners.
7. Attach a description of the intended use and development of the territory proposed for
annexation. Such a description should be as complete as possible and include:
• The location of existing streets and utility lines.
• Existing and proposed land use patterns and existing zoning.
• Size of commercial or industrial facilities.
• Estimated number of school students generated.
• Number of dwelling units.
LUNDVALL WEST ANNEXATION
NARRATIVE
A. Annexation Criteria provided at Section 18.26.050 A.1-5 of the Development Code,
including conformance with the City's Comprehensive Plan:
1. The proposed annexation is in compliance with the City's Comprehensive Plan.
Response: The 2020 Comprehensive Plan indicates that subject property is
located within the City's Long-Range Expected Growth Area, the
area within which community growth is expected for the next 20+
years and which encompasses all other growth and service areas. It
is also within the Strategic Employment Development Corridor,
which is intended for industrial and employment uses.
2. The proposed annexation promotes geographical balance of the City's land-use
pattern.
Response: This annexation continues of pattern of City of Greeley
development along the U.S. Highway 34 Bypass. This annexation
allows the City of Greeley to extend its limits in a manner which
continues traditional development patterns.
3. Adequate services are or will be available to support the development expected to
result from the proposed annexation.
Response: At the current time, further development of the property is not
anticipated. The property, however, can be served by City
services. When further development is proposed in the future, the
developers will be responsible for extending services to the subject
property.
4. The proposed annexation provides for a continual and rational boundary.
Response: This annexation gets contiguity from several properties, including
the recently annexed Gold Hill 4th and 5th Annexations and Roche
Acres Annexation. This continues a traditional development
pattern for Greeley to develop along the Highway 34 Bypass.
5. The proposed annexation is needed to accommodate future land-use
requirements.
Response: This annexation is located along the U.S. Highway 34 Bypass and
Weld County Road 17 (future 143`'Avenue) and is within the
Strategic Employment Development Corridor, an area intended for
industrial and employment uses. These important transportation
corridors offer the City options to accommodate land-use
requirements which the it believes to be important to growth and
development.
B. Intent to include the property in the Northern Colorado Water Conservancy District and
Subdistrict.
C. Information on ecological or land-use conditions which may be hazardous, including oil
and gas operations, steep slopes, wetlands, irrigation ditches, bodies of water, and flood
areas.
D. Existing and anticipated land-use patterns and zoning.
E. Size of existing or anticipated commercial and industrial facilities.
F. Estimated number of dwelling units.
G. Estimated number of school students generated by the proposed annexation and the
anticipated zoning.
LUNDVALL WEST ANNEXATION
TAX INFORMATION
Tax District 0429
Parcel No. 0957-09-0-00-008 Aims Junior College
NCW Water
School District RE4
Weld County
West Greeley Soil
Windsor Library
Windsor Severance Fire
LUNDVALL WEST ANNEXATION
FIRE DISTRICT PETITION
The City Attorney's Office has indicated a willingness to compile the information excluding the
property from the Windsor Severance Fire District.
LUNDVALL WEST ANNEXATION
LEGAL DESCRIPTION
A tract of land being all of the West half of Section 9, EXCEPT that part of the West half of Section 9
previously annexed as ROCHE ACRES ANNEXATION and EXCEPT that parcel of land described in Book
545, Reception Number 1467237,Weld County Records, and INCLUDING adjacent right-of-way for Weld
County Road 17 located in the East half of Section 8, all in Township 5 North, Range 67 West of the Sixth
Principal Meridian, Weld County. Colorado and being further described as:
BEGINNING at the North Quarter corner of said Section 9 and considering the East line of the Northwest
Quarter to bear South 00°31'52"West with all other bearings contained herein being relative thereto;
Thence South 00°31'52"West, 3694A6 feet along the East line of the Northwest Quarter and the East line of
the Southwest Quarter to the Northeast corner of said parcel described in Book 545, Reception Number
1467237, Weld County Records;
Thence along the North and West sides of said parcel by the following two courses;
South 89°29'38"West, 500.00 feet;
South 00°331'52"West, 1548.10 feet to a point on the North right-of-way line of U. S. Highway 34;
Thence along said North right-of-way line by the following 3 courses;
South 89°29'38"West. 1931A5 feet
North 45°35'59"West, 141.11 feet;
North 89°45'54"West, 30.00 feet to a point on the West line of the Southwest Quarter of Section 9;
Thence North 89°45'54"West, 30.00 feet to a point on the West right-of-way line of Weld County Road 17;
Thence along said West right-of-way line by the following 4 courses;
North 0096'41"West, 2511.93 feet
North 00°12'56"West, 1290.87 feet
South 89°42'38"West,20.00 feet;
North 00°12'56"West, 1401.37 feet
Thence North 89°11'25" East, 50.00 feet to the Northwest corner of said Section 9;
Thence South 89°0755" East, 2633.39 feet to the POINT OF BEGINNING.
Said tract of land contains 300.82 acres, more or less.
LIJNDVALL WES ,ACNFATION
Vie• ity,/Map
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Roche Acres Annexation
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