HomeMy WebLinkAbout20011344.tiff RESOLUTION
RE: APPROVE PETITION FOR ANNEXATION TO THE BOARD OF TRUSTEES, TOWN OF
LOCHBUIE, COLORADO, FOR PORTIONS OF WELD COUNTY ROAD 2 AND
AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Petition for Annexation of a certain
portion of Weld County Road 2, being more particularly described in said petition, to the Board of
Trustees of the Town of Lochbuie, Colorado, and
WHEREAS, after review, the Board deems it advisable to approve said petition, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Petition for Annexation of a certain portion of Weld County Road 2,
being more particularly described in said petition,to the Board of Trustees of the Town of Lochbuie,
Colorado, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said petition.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 21st day of May, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD C NTY, COLORADO
ATTEST: La�'l /1' `b�`� /Lei .• M. J. Geile, Chair
Weld County Clerk to the :•: '$`;
1 "�a.,4=1 EXCUSED
�p �' Glenn Vaad, Pro-Tem
BY: �i'. f;i r
Deputy Clerk to the Boa_� �
ate
Wi ' m H. Jerke
KAPPROD AST M:
VE17
Robert D. Masden
2001-1344
fpL "FGA .Lcch,a;t EG0041
HARDING, SHULTZ & DOWNS
A LAW PARTNERSHIP OF PROFESSIONAL CORPORATIONS
WELLS FARGO CENTER E-MAIL firm@hsdlegal.com 800 LINCOLN SQUARE
1700 LINCOLN STREET WEesiTE www.hsdlegal.com 121 SO. 13TH STREET
SUITE 1800 P.O.BOX 82028
DENVER, CO 80203-4518 LINCOLN, NE 68501-2028
303/832-4400 FAX 303/832-6154 402/434-3000 FAX 402/434-3030
April 19, 2001
,I( 7'r-7:7Thn
Bruce Barker, Esq.
Weld County Attorney's Office
P.O. Box 758 1,, c, 2 2001,�.:�
915 10th Street "' Y
Greeley, CO 80632 A3 fy�hN a:,: t Fir c^
Re: Lochbuie Annexation of Weld County Road 2
Dear Bruce:
Some time ago, we spoke about the prospects of Lochbuie annexing a portion of Weld
County Road 2 located directly to the west of the Town,joining that portion of Weld County Road
2 already owned by the Town and extending to the westerly edge of the Silver Peaks Development.
This would involve an annexation of only the north half of Weld County Road 2 since the south half
is within Adams County. I have prepared the necessary annexation petition for signature on behalf
of Weld County and have enclosed that petition, together with a copy of the proposed annexation
map, for your review and analysis. I have also prepared and am enclosing herein other documents
related to the proposed annexation.
After you have had an opportunity to review these proposed documents, I would appreciate
your contacting me at your convenience for purposes of discussing how you would like to proceed
with this matter and your time schedule.
Thank you for your cooperation in connection with this matter,and in the event you have any
questions or comments pertaining to same, please feel free to contact me at your convenience.
Very truly yours,
HARDING, SHULTZ & DOWNS
4/Afteraima;4,
Dale R. Brockmeier
DRB:pn
enclosures
2001-1344
April 19,2001(11:47AM)
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
'D WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
C. FAX: (970) 352-0242
COLORADO April 25, 2001
Mr. Robert Ray, City Planner
City of Brighton
22 S. 4th Avenue
Brighton, CO 80601
Re: Lochbuie Annexation of WCR 2
Dear Mr. Ray:
Enclosed are a copy of a letter and associated documentation which I received from Mr. Dale R.
Brockmeier on behalf of the Town of Lochbuie. The Town desires to have the Board of County
Commissioners of Weld County petition for the annexation of the north half of Weld County
Road 2 lying within Section 35 and the west half of Section 36, Township 1 North, Range 66
West of the 6`" P.M., Weld County, Colorado. A copy of the annexation plat is also enclosed.
Please let me know your comments about the Town's request to have the Board of County
Commissioners petition to annex the roadway. I would appreciate receiving your comments no
later than May 9, 2001. I hope to put the matter on the Board's Agenda on May 14, 2001, for its
consideration.
Thank you for your consideration. If you should have any questi r would like to discuss the
matter, please feel free to call me at(970) 356-4000, ext. 439O
Sincerely,(
cr y2
Bruce T. Barker
Weld County Attorney
Enc.
pc: Dale R. Brockmeier
Frank Hempen, Jr.
Clerk to the Board
PETITION FOR ANNEXATION
(PART OF PROPERTY KNOWN AS WELD COUNTY ROAD 2)
TO: THE BOARD OF TRUSTEES OF THE TOWN OF LOCHBUIE, COLORADO
The undersigned landowner ("Petitioner"), being the owner of more than fifty percent
(50%) of the real property subject to this Petition, and in accordance with the provisions of
Chapter 306, Colorado Session Laws, 1965, and known as the Municipal Annexation Act of
1965, as amended, hereby petitions the Board of Trustees of the Town of Lochbuie for
annexation to the Town of Lochbuie the unincorporated territory situate and being in the County
of Weld and State of Colorado, more specifically described in Exhibit A, attached hereto and by
this reference made a part hereof.
Your Petitioner would further state to the Board of Trustees of Lochbuie, Colorado, as
follows:
1. That it is desirable and necessary that such territory be annexed to the Town of
Lochbuie, Colorado.
2. That the territory sought to be annexed to the Town of Lochbuie meets the
requirements of Sections 31-12-104 and 105 as amended, of the Municipal
Annexation Act of 1965, in that:
a. Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed
is contiguous with the existing boundaries of the Town of Lochbuie, Colorado;
and the contiguity is not established by use of any boundary of an area which was
previously annexed to the annexing municipality, that was not contiguous at any
point with the boundary of the Town of Lochbuie and was not located more than
three (3) miles from the nearest boundary of the Town of Lochbuie, further
contiguity is not established by use of any territory which is subsequently annexed
directly to, or which is indirectly connected through subsequent annexations to,
such an area.
b. A community of interest exists between the territory proposed to be annexed and
the Town of Lochbuie, Colorado.
c. That the territory proposed to be annexed is urban or will be urbanized in the near
future and that the territory to be annexed is integrated or is capable of being
integrated with the Town of Lochbuie, Colorado.
d. That no land in the territory sought to be annexed which is held in identical
ownership, whether consisting of one tract or parcel of real estate, or two or more
1 K:\WP_DATA2\52822\001\DOCUMENC\Petition for Annex.wpd
contiguous tracts or parcels of real estate shall be divided into separate parts or
parcels without written consent of the landowners thereof unless such tracts or
parcels are separated by a dedicated street, road, or other public way. To the
extent that any such tracts or parcels are divided into separate parts or parcels by
this Petition, Petitioner hereby consents to such division.
e. That no land in the area proposed to be annexed, which is 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) or more acres
(which, together with the buildings and improvements situated thereon has a
valuation for assessment in excess of$200,000.00 for ad valorem purposes for the
year next preceding the annexation) shall be included in the area to be annexed
without the written consent of the landowners, unless such tract of land is situated
entirely within the outer boundaries of the annexing municipality as they exist at
the time of annexation.
£ No annexation proceedings have been commenced for any portion of the territory
proposed to be annexed for the annexation of such territory to another
municipality.
g. The annexation of the area proposed to be annexed shall not result in the
detachment of area from any school district.
h. The annexation of the area proposed to be annexed will not require extending the
municipal boundary more than three (3) miles in any direction from any point of
such municipal boundary in one year.
3. The Petitioner comprises the landowners of more than fifty percent (50%) of the
territory included in the area proposed to be annexed, and comprise more than
fifty percent(50%) of the landowners in the area proposed to be annexed as
shown on Exhibit A.
4. That submitted herewith are four(4)prints of the annexation map, containing a
written legal description of the boundaries of the area proposed to be annexed,
together with the location of each ownership within said area and the contiguous
boundaries of the existing city limits and the dimensions thereof.
5. That upon the Annexation Ordinance becoming effective, all lands within the area
sought to be annexed shall become subject to all ordinances, resolutions, rules and
regulations of the Town of Lochbuie as of the effective date of said ordinance.
Therefore, your Petitioner would respectfully request that the Board of Trustees of the
Town of Lochbuie, Colorado, approve the annexation of the area proposed to be annexed.
2 K:\WP_DATA2\52822\001\DOCUMENTPetition for Annex wpd
Weld County, Colorado, a body politic and county organized under the laws of the State
of Colorado, is the owner of the property described in Exhibit A, and hereby petitions the Town
of Lochbuie for annexation of said property on the terms set forth in the Petition.
BOARD OF COUNTY COMMISSIONERS
COUNTY OF WELD
STATE OF CO RADO
By:
Title: M. J. Gei�05/21/2001)
Chair, Weld County Board of
Mailing address: 915 10th Street Commissioners
Greeley, CO 80631
Date of signature: May 21, 2001
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and
says: that he/she circulated the foregoing Petition for Annexation of lands to the Town of
Lochbuie, to the Weld County Board of Commissioners , and that the foregoing
signature thereon was witnesses by your affiant and is the true signature of the person whose
name it purports to be.
By: _e/ztd
Title: M. J. Geile, Chair, Weld County
Board of Commissioners
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing Affidavit of Circulator was subscribed and sworn to before me this 21st
day of May ,A.D., 2001,by 2001,by M. J. Geile, Chair •
Witness my hand and official seal. _._ _
,� •.........
y
SEAL Notary Pub MA 'c 7 •
•
My commission expires: NNA R
• HLER
MY Carl *OM 2004
3 K:\WP DATA2\52822\001\DOCUMENTPetition for Annex.wpd
EXHIBIT A
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN SECTIONS 35 AND 36 OF TOWNSHIP 1 NORTH, RANGE 66 WEST OF
THE SIXTH PRINCIPAL' MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35; THENCE S89'51'49'E A DISTANCE OF
30.00 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION TO THE POINT
OF BEGINNING; THENCE NOO.03'12'E A DISTANCE OF 30.00 FEET; THENCE 589'51'49*E ALONG A UNE
30 FEET NORTH OF AND PARALLEL WITH THE SOUTHWEST ONE-QUARTER OF SAID SECTION A
DISTANCE OF 2,613.43 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SECTION 35;
THENCE 589'59'56'E ALONG A UNE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTHEAST
ONE-QUARTER OF SAID SECTION A DISTANCE OF '2,643.42 FEET TO A POINT ON THE EAST LINE OF
SECTION 35; THENCE 589'45'29"E ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE
SOUTHWEST ONE-QUARTER OF SECTION 36 A DISTANCE OF 2,639.86 FEET TO A POINT ON THE
NORTH-SOUTH CENTERLINE OF SECTION 36; THENCE S00'08'26"W ALONG SAID NORTH-SOUTH
CENTERLINE A DISTANCE OF 30.00 FEET TO THE SOUTH ONE-QUARTER CORNER OF SECTION 36;
THENCE N89'45'29"W ALONG THE SOUTH LJNE CF THE SOUTHWEST ONE-QUARTER OF SECTION 36 A
DISTANCE OF 2,639.85 FEET TO THE SOUTHWEST CORNER OF SECTION 38; THENCE N89'59'56'W
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 35 A DISTANCE OF
2,643.39 FEET TO THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 35; THENCE N89'51'49'W
ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 35 A DISTANCE OF
2,613.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5.438 ACRES, MORE OR LESS.
4
TOWN OF LOCHBUIE
BOARD OF TRUSTEES
RESOLUTION NO.
Date:
Annexation of Part of Weld County Road 2
WHEREAS, a Petition for Annexation of certain property (herein "Petition") has been
filed with the Board of Trustees of the Town of Lochbuie; and
WHEREAS, the Board of Trustees has reviewed the Petition; and
WHEREAS, the Board of Trustees wishes to permit the consideration of the subject
property for annexation; and
WHEREAS, the Board of Trustees has reviewed the Petition and desires to adopt by
Resolution its findings with regard to the Petition.
NOW, THEREFORE, be it resolved by the Board of Trustees of the Town of
Lochbuie, Colorado as follows:
1. The legal description of the property sought to be annexed to the Town of
Lochbuie is attached hereto as Exhibit A and incorporated herein by reference.
2. The Petition For Annexation,the subject of which is the property described in
Exhibit A, is in substantial compliance with C.R.S. § 31-12-107(1).
3. The Board of Trustees will hold a public hearing for the purpose of determining if
the proposed annexation complies with C.R.S. § 31-12-104, and C.R.S. § 31-12-
105 and is considered eligible for annexation. The public hearing will be
conducted at the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado
80601, at the following time and date:
4. Any person may appear at such hearing and present evidence relative to the
proposed annexation.
5. Upon completion of the hearing, the Board of Trustees shall set forth by
resolution its findings and conclusions with reference to the eligibility of the
property described in Exhibit A for annexation, and whether the statutory
requirements for the proposed annexation have been met.
K:\W P_DATA2\52822\001\RESOLUTI\00036.W PD
6. If the Board of Trustees concludes, by Resolution, that all statutory requirements
have been met and that the proposed annexation is proper under the laws of the
State of Colorado, the Board of Trustees may pass one or more ordinances
annexing the subject property to the Town of Lochbuie.
7. The decision of the Board of Trustees to annex the subject property will be
entirely within the discretion of the Board of Trustees. The adoption of this
Resolution does not commit Lochbuie to annex the property described in Exhibit
A, but rather, initiates the procedure that will provide the basis for evaluation of
the proposed annexation.
READ, MOVED, SECONDED AND APPROVED this day of , 2001.
TOWN OF LOCHBUIE
David Forbes
Mayor
By:
Town Clerk
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EXHIBIT A
LEGAL DESCRIPTION
•
A PARCEL OF LAND SITUATED IN SECTIONS 35 AND 36 OF TOWNSHIP 1 NORTH, RANGE 66 WEST OF
THE SIXTH PRINCIPAL' MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 35; THENCE 589'51'49"E A DISTANCE OF
30.00 FEET ALONG THE SOUTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION TO THE POINT
OF BEGINNING; THENCE NOO'03'12"E A DISTANCE OF 30.00 FEET; THENCE 589'51'49"E ALONG A UNE
30 FEET NORTH OF AND PARALLEL WITH THE SOUTHWEST ONE-QUARTER OF SAID SECTION A
DISTANCE OF 2,613.43 FEET TO A POINT ON THE NORTH-SOUTH CENTERUNE OF SECTION 35;
THENCE 589'59'56"E ALONG A UNE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTHEAST
ONE-QUARTER OF SAID SECTION A DISTANCE OF' 1643.42 FEET TO A POINT ON THE EAST LINE OF
SECTION 35; THENCE S89'45'29'E ALONG A UNE 30 FEET NORTH OF AND. PARALLEL WITH THE
SOUTHWEST ONE-QUARTER OF SECTION 36 A DISTANCE OF 2,639.86 FEET TO A POINT ON THE
NORTH-SOUTH CENTERLINE OF SECTION 36; THENCE S00'OB'26"W ALONG SAID NORTH-SOUTH
CENTERUNE A DISTANCE OF 30.00 FEET TO THE SOUTH ONE-QUARTER CORNER OF SECTION 36;
THENCE N89'45'29"W ALONG THE SOUTH UNE OF THE SOUTHWEST ONE-QUARTER OF SECTION 36 A
DISTANCE OF 2,639.85 FEET TO THE SOUTHWEST CORNER OF SECTION '36; THENCE N89'59'56"W
ALONG THE SOUTH LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 35 A DISTANCE OF
2,643.39 FEET TO THE SOUTH ONE-QUAR-TER"CORNER OF SAID SECTION 35; THENCE N89'51'49'W
ALONG THE SOUTH UNE OF THE SOUTHWEST ONE-QUARTER OF SECTION 35 A DISTANCE OF
2,613.43 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 5.438 ACRES, MORE OR LESS.
4
TOWN OF LOCHBUIE
NOTICE OF PUBLIC HEARING ON PROPOSED ANNEXATION
Part of Weld County Road 2
Comprising 5.438 acres, more or less, located in the South %3 of Section 35, T1N, R66W, Weld
County, and in the Southwest 1/4 of Section 36, T1N, R66W, County of Weld, and known as the
north half of Weld County Road 2
NOTICE IS HEREBY GIVEN of a public hearing on at
in the Lochbuie Town Hall, 0152 Poplar Street, Lochbuie, Colorado, to determine
whether the proposed annexation of land described in the following resolution complies with the
applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., and whether the land is
eligible for annexation. Any persons may appear at such hearing and present evidence upon any
matter to be determined by the Town Board.
(Publish Notice and Resolution four consecutive times.)
Publication Dates:
By:
Town Clerk
KAWP_DATA2\52822\001\DOCUMENTNotice of Hearing wpd
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