HomeMy WebLinkAbout20012433 I
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August 13, 2001
TO: Weld County Commissioners
Weld County Attorney's Office
Weld Library District
Aims Community College
North Colorado Water Conservancy District
Greeley/Weld School District Six
Milliken Fire
Milliken Fire Bond
West Greeley Soil
FROM: Cheryl Aragon, Deputy City Clerk(1
SUBJECT: Wiedeman Sixth Annexation
The Greeley City Council received a petition for annexation of property encompassing the right-of-
way for 37h Street lying between the west right-of-way of 71"Avenue and the centerline of the
Greeley and Loveland Irrigation Canal, known as the Wiedeman Sixth 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, September 18, 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:
September 18, 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.
8- 7 O/ ./Z /aa//C4) eA/ A/LKE
SERVING OUR COMMUNITY • I T ' S A T R A D I T I
�eromise/0preserve andim rove the pall of h e or 9ree/e i rou A'(imef courteous and cos, 2001-2433
P P polity y 9 y� ,
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 September 18,
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"Wiedeman Sixth Annexation"encompassing the right-of-way for 37h Street lying between
the west right-of-way of 71"Avenue and the centerline of the Greeley and Loveland Irrigation
Canal.
Dated this 7`h day of August, 2001.
Betsy Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 49 , 2001
A RESOLUTION FOR THE WIEDEMAN SIXTH ANNEXATION PETITION
FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS
AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION
FOR PROPERTY ENCOMPASSING THE RIGHT-OF-WAY FOR 37TH STREET
LYING BETWEEN THE WEST RIGHT-OF-WAY OF 71ST AVENUE AND THE
CENTERLINE OF THE GREELEY AND LOVELAND IRRIGATION CANAL
WHEREAS, Weld County submitted a petition to the City of Greeley for annexation
of the right-of-way for 37ih Street lying between the west Right-of-way of 71°`Avenue
and the centerline of the Greeley and Loveland irrigation canal in Weld County, Colorado
known as the "Wiedeman Sixth" 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 September 18, 2001, at the Greeley City Council Chambers, 919 7's 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.
t • EF
,GORro►Vr' ED, AND ADOPTED, SIGNED AND APPROVED this 7th day of
*6
I% tit t 2001.
*
;_•`1 e ?=, Q THE CITY OF GREELEY, COLORADO
,
.a
hl Ui (J 1 .( By: ��
City C1er1 Mayor
Exhibit A
PROPERTY DESCRIPTION (37th Street Right of Way)
A parcel of land located within the North 30 feet of Section
29, and within the South 30 feet of Section 20, all in
Township 5 North, Range 66 West of the Sixth Principal
Meridian, Weld County, Colorado, said parcel being all of
the Right of Way for 37th Street lying between the West Right `
of Way line of 7lst Avenue and the centerline of the Greeley
and Loveland Irrigation Canal and described as follows:
Commencing at the Southeast corner of said Section 20 and
considering the South line of the Southeast Quarter of said
Section 20 to bear South 89°36' 06" West with all other
bearings contained herein being relative thereto;
Thence South 89°36' 06" West, 30. 00 feet along said South line
to the TRUE POINT OF BEGINNING;
Thence South 01°21' 04" East, 30. 00 feet;
Thence South 89°36' 06" West, 2581. 82 feet parallel with and
30 feet South from the North line of the Northeast Quarter
of said Section 29;
Thence South 89°11' 04" West, 1475. 95 feet parallel with and
30 feet South from the North line of the Northwest Quarter
of said Section 29 to the centerline of said Greeley and
Loveland Irrigation Canal;
Thence North 29°44 ' 34" East, 69. 68 feet along said
centerline;
Thence North 89°11' 04" East, 1440.74 feet parallel with and
30 feet North from the South line of the Southwest Quarter
of said Section 20;
Thence North 89°36' 06" East, 2581. 04 feet parallel with and
30 feet North from the South line of the Southeast Quarter
of said Section 29;
Thence South 01°21' 04" East, 30. 00 feet to the TRUE POINT OF
BEGINNING.
City of Greeley Public Works prepared this description on July 16, 2001. This description
is based on existing legal descriptions and does NOT represent a new survey. IAL
• 1 Y
PETITION FOR ANNEXATION
WIEDEMAN 6th ANNEXATION
TO• THE HONORABLE MAYOR AND CITY COUNCIL OF THE an OF
GRBBLBY, COLORADO:
The undersigned, in accordance with Title 31, Article 12, Chapters- 101 et. ,
Colorado Revised Statutes, 1973, as amended, hereby petition the City Council of the
Ci yy of Greeley for annexation to the City of Greeley of the territory described herein
and described and shown onthe map designated, " Wiedeman 6th
An exa omrated her" Foure n copies of said map are submitted herewith and by this reference
arerpo 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 ,ri: , of earon 04'and 31-12-105 of f '
{
A. Not less than one-sixth (1/6) of the perimeter of the area.
annexed isproposed to be
contiguous with the City of Greeley, _B. A community of interest exists between the territory proposed to be annexed
and the City of Greeley. `_J
C. The territory sought tobe'annexed is urban or will be urbanized in the near
D. Theterritoiy 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 su tenthly 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 e t'oher is-described on .each•separate signature •
' sheet and, when needm, more fully la the exhibits attached hereto and
incorporated herein by reference:
9. The signer(s) of this petition comprises)more than fifty percent(50%) of the land,
owners and owning more than fifty percent(50%)of the property,excluding public
streets and ; and any land owned by the annexing , andare, in
• fact, owners of f one hundred (100%) of;the propertyrys set in]inhibit A
J/44!
yet
Aoeompanyu�g the original and tat
. .
'map COntalIIlDgihe ]lowilxge,informatibn: >$4
A. A written legal description of the boundaries of the area e
• annexed. Proposed to' be
•
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 'P i t.latted land and, if part or all of the area is platted! the
boundaries and the numbers of plots or of lots and blocks. Also within
• - . the boundary map,. ifiic ation 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 of the annexing municipality and the contiguous boundary
of any other muni 'ty 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.
. r I
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 3745-136 (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
levi on other similarly situated p 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 hawse such
mill levies and special assessments as it has the authority to impose. Landowners)
also agree(s) to waive, upon inrtnsion,- 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('p) Name® and g� Sig``n�a;tnre(s) pi:ki ing Address ate of Si
"+:#•4, fa 3.'# '+y. ^'' �,.,, re,.: .'3,- it - i p----�'i rt
•".Weld-Vea lirllt _' .1 %f''an'tAf≤s�s�ekkfs &'' ` :S'iS i �fter��"€'' ittA....m. "
Chair, M, eile Greeley CO )1011
.621;i7 i
The foregoing signatures) was/were absented and sworn to before h day of
July. , _ 2001, by M. J. Geile, Chair, Weld County Board burl-as -
• Of cry
Witness my hand and official seal: .
ESTHER E. �'�
I. GESICK
NoCyPubh'c r� My commission expires ("A\i...,......l O
Op cot°
*Commission E9kes Seprombe:H1,:OCI
Land Owned
A parcel of land located within the north 30 feet of Section 29, and within the south 30
feet of section 20, all in Township 5 North, Range 66 West of the Sixth Principal Meridian,
Weld County, Colorado, said parcel being all of the right-of-way for 37th Street lying between
the west right-of-way line of 71st Avenue and the centerline of the Greeley and Loveland
ft necessary, agttach separate sheet.
irrigation Canal and described on the attached sheet.
I ,
•
• t
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 July 17. 2001
1. Name of.Annexation Wiedeman 6th Annexation . •
2. Name of Property Owner(s) Weld County
Street or Road Addresses of All Properties to be Annexed (Attach separate sheet
if necessary):
N/A
37th Street Right-of-way lying between the west right of way line of 71st
Avenue and the centerline of the Greeley and Loveland Irrigation Canal.
3. Person to Contact (Name, Address and Phone) Gree Thompson. Planninv Manaver,
City of Greeley, 1100 10th Street, Greeley CO 80631
4. Size (m acres)
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: [ j-Land Owner-Initiated
• [. I Municipally Owned (C.R.S. 31-12-106
[ I 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. See Attached List of Tax Levies
6. Attach a list of all residents (and their addresses) of the territory proposed for
annexation who are not land owners. N/A - ROW only
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:
Road Right-of-way. Only
■ 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.
WIEDEMAN SIXTH ANNEXATION
The Wiedeman Sixth Annexation consists of the right-of-way for 37th Street lying between the
west right-of-way line of 7151 Avenue and the centerline of the Greeley and Loveland Irrigation
Canal. The subject property is located within the north 30 feet of Section 29, and the south 30
feet of Section 20, of Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld
County, Colorado.
Immediately to the north of the subject right-of-way are the recently annexed Wiedeman
Annexation No's 1-5. Immediately south is unincorporated Weld County. All of the
surrounding properties are presently used agriculturally.
City staff believes that the proposed Wiedeman Sixth Annexation complies with the five criteria
for annexation contained in Section 18.26.050.A.1-5 of the Development Code. These criteria
area are as follows: (1) The proposed annexation is in conformance with the City's
Comprehensive Plan; (2)the proposed annexation promotes the geographical balance of the
City's land-use pattern; (3)Adequate services are or will be available to support the development
expected to result from the proposed annexation; (4)the proposed annexation provides for a
continual and rational City boundary; and(5)the proposed annexation is needed to accommodate
future land-use requirements.
The proposal complies with the City's Comprehensive Plan in that it lies within the City's Long-
Range Expected Growth Area, the area in which the City is expected to grow within the next 20
years, as well as its Urban Growth Area, where a full complement of land uses is eventually
expected at urban densities. It is immediately adjacent to the recently annexed Wiedeman
Annexation No's. 1-5 and will provide access to those parcels, which will be a logical and
positive addition to the city and will improve the surrounding neighborhoods in its vicinity.
The proposed annexation promotes the geographical balance of the City's land-use pattern in that
it provides access to several properties recently annexed into Greeley, including Wiedeman
Annexation No's. 1-5, Lundvall Annexation,and Lundvall LLC Annexation. This annexation
would not expand the outer municipal boundaries beyond what is anticipated for development.
In fact, it will continue the pattern of City of Greeley development south of the U.S. Highway 34
Bypass.
Development is not anticipated on the subject property itself because it is simply public right-of-
way;therefore, the third criteria does not apply in this particular request.
The annexation will provide for a rational and continual city boundary in that it is immediately
adjacent to the recently annexed Wiedeman Annexation No's 1-5 from which it derives its
contiguity and will provide access to those properties as well as to other recently annexed
properties in the area.
The proposed annexation is needed as public access to a variety of future land uses which will
eventually be located on several recently annexed parcels in the southern portion of the City. It is
anticipated that 37th Street(Weld County Road 54)will eventually be classified an arterial street
because it lies on a section line(between Sections 20 and 29). The City believes that this
corridor will be important to growth and development in the area.
Weld County,the owner of record of this right-of-way, has consented to including the property
into the Northern Colorado Water Conservancy District and municipal subdistrict, pursuant to
Section 37-45-136 (3.6) CRS (NOTE: Greg, does this apply in this case?)
The westernmost edge of the property is the Greeley/Loveland Irrigation Canal. Since the
property consists of nothing more than right-of-way, there are no ecological issues to be
addressed.
Again,because the only land-use would be public right-of-way, there are no anticipated land-
uses. Zoning is anticipated to be H-A (Holding/Agriculture), as the property immediately
adjacent to the north is zoned.
The issues of commercial/industrial facilities, dwelling units, or school students are moot since
the subject property consists of nothing more than public right-of-way.
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-
` IEDEMAN 6TH
ANNEXATION ,
Proposed ? - .
Greeley
."51�� rte. ` _
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Proposed / Greeley Propose.
Greeley Evans
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- ` 37th-Street-
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Proposed Annexation
propose
Evans
I
PROPERTY DESCRIPTION (37th Street Right of Way)
A parcel of land located within the North 30 feet of Section
29, and within the South 30 feet of Section 20, all in
Township 5 North, Range 66 West of the Sixth Principal
Meridian, Weld County, Colorado, said parcel being all of
the Right of Way for 37th Street lying between the West Right
of Way line of 71St Avenue and the centerline of the Greeley
and Loveland Irrigation Canal and described as follows:
Commencing at the Southeast corner of said Section 20 and
considering the South line of the Southeast Quarter of said
Section 20 to bear South 89°36' 06" West with all other
bearings contained herein being relative thereto;
Thence South 89°36' 06" West, 30. 00 feet along said South line
to the TRUE POINT OF BEGINNING;
Thence South 01°21 ' 04" East, 30. 00 feet;
Thence South 89°36' 06" West, 2581 . 82 feet parallel with and
30 feet South from the North line of the Northeast Quarter
of said Section 29;
Thence South 89°11' 04" West, 1475. 95 feet parallel with and
30 feet South from the North line of the Northwest Quarter
of said Section 29 to the centerline of said Greeley and
Loveland Irrigation Canal;
Thence North 29°44 ' 34" East, 69. 68 feet along said
centerline;
Thence North 89°11 ' 04" East, 1440.74 feet parallel with and
30 feet North from the South line of the Southwest Quarter
of said Section 20;
Thence North 89°36' 06" East, 2581.04 feet parallel with and
30 feet North from the South line of the Southeast Quarter
of said Section 29;
Thence South 01°21' 04" East, 30 . 00 feet to the TRUE POINT OF
BEGINNING.
City of Greeley Public Works prepared this description on July 16, 2001. This description
is based on existing legal descriptions and does NOT represent a new survey.
Tax Levies -District 0608
Aims Jr. College 6.343
Milliken Fire 3.678
Milliken Fire Bond 0.556
NCW Water 1.000
School District 6 47.315
Weld County 22.038
Weld Library 3.249
West Greeley Soil 0.414
TOTAL 84.593
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