HomeMy WebLinkAbout20000585.tiff City of
Greeley
February 25, 2000
TO: Weld County Commissioners
Weld County Attorney's Office
Weld County School District Six
Union Colony Fire & Rescue Authority
Northern Colorado Water Conservancy District
Aims Community College
West Greeley Soil Conservation District
Weld County Library
FROM: Cheryl Aragon, Deputy City Clerk OR
SUBJECT: Balsam Village Second Annexation
The Greeley City Council received a petition for annexation of property located generally
south of East 20th Street and east of Balsam Avenue, known as the Gandy 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, April 4, 2000, 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:
April 4, 2000
7:30 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
"'0 at 350-9743.
tgSERVING OUR COMMUNITY • I T ' S A TRADITION
?&e promise to preserve and improve lEie yually of fife for 9reefey/ErouyE/iinel, courleous anr/co 2000-0585
CITY OF GREELEY, COLORADO
RESOLUTION NO. 4 , 2000
CASE NO. A 1:00
A RESOLUTION FOR THE BALSAM VILLAGE SECOND ANNEXATION
PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE
ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF
AN ANNEXATION
WHEREAS, SASCO Enterprises, LLC, and Ronald and Linda Mohrlang
submitted an annexation petition to the City of Greeley for annexation of property
located south of East 20th Street and east of Basswood Avenue in the City of Greeley;
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.; and
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 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 April 4, 2000, at the Greeley City Council Chambers, 919 7th Street,
Greeley, Colorado, during a regular City Council meeting beginning at 7:30 p.m.
3. The City Clerk is hereby authorized to publish and notify required parties
pursuant to C.R.S., § 31-12-108(2).
13
PASSED AND ADOPTED, SIGNED AND APPROVED, this 15th day of
February , 2000.
ATTEST: CITY OF GREELEY:
/(j/L-ta, 44id_vd
City Cle1-k Mayor
Ofrale,P
Balsam Village Second Annexation
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15
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. This territory is described in an annexation
petition which has been filed with the City Clerk as the "Balsam
Village" Annexation and is located generally south of East 20`6
Street and east of Balsam Avenue. The hearing shall be held on
April 4, 2000, in the City Council Chambers of the Public Safety
Building, 919 7th Street, in the City of Greeley, Colorado,
beginning at 7:30 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 may do so at the office of the City Clerk during business
hours.
Dated this 16th day of February, 2000.
Betsy D. Holder
City Clerk
PETITION FOR ANNEXATION
BALSAM VILLAGE SECOND ANNEXATION
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, BALSAM VILLAGE SECOND
Annexation." Fair (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=platted 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) aclatowledge(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. Laad 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 s) Nagle(s) and Signatures) nailing Address Date of Signing
4444a�
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The foregoing signature(s) was/were subscribed and sworn to before me this L76(t day of
,4 t. , i , 199cj, by
Witness my hand and official seal.
1 �y_'�� �7 ,6 1-fe— My commission expires
i:(y Commission Expires June9,2003
Notary Public
Land Owned
Lengthy legal description, see attached Annexation Map.
If necessary, attach separate sheet.
Land Owner(s)Names(s)and Signature(s) Mailing Address Date of Signing
;���: `1?�t�'l "/ 9/49 k 4Gt.Sj 4n y /-a/7 99
The foregoing signature(s)was/were subscribed and sworn to before me this 7 hi day of
c b:(1l 1->z 19fta, by
(,)44,6( (1 ) rks-e--C My commission expires 9/22/2003
Notary Public
AFFIDAVIT OF CIRCULATOR
•
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
James C. Rawson being first duly sworn, states upon oath that he/she is
the circulator of the petition to which this Affidavit is attached and knows of his/her own
knowledge that the signature of each land owner appearing on said petition is the
signature of the person whose name it purports it to be.
o ator)
The foregoing Affidavit was subs bed� S2 e
and s qrn to before me this ,77; clay of
1-_ee.ec,c- , 19 , by l�. l_l . .--v a- --,...J
Witness my hand and official seal.
My commission expires94.6,p7,,, /� CC •
//� Public ,�z
CITY OF GREELEY ANNEXATION INFORMATION SHEET
The followin, 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 December 02, 1999
1. Name of Annexation BALSAM VILLAGE SECOND
2. Name of Property Owner(s) SASCO Enterprises, LLC & Ronald & Linda Mohrlang
Street or Road Addresses of All Properties to be Annexed (Attach separate sheet
if necessary):
SASCO - 3835 West 10th Street, Greeley, Colorado 80634
Mohrlang's - 906 East 20th Street, Greeley, Colorado 80631
3. Person to Contact (Name, Address and Phone)
James C. Rawson - 1831 21st Street Road, Greeleyt, Ca 80631 970-156-9787
4. Size (in acres) Approx. 27 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: [ 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.
12-02-1999 12;'it'll rr<uN web ll9uurc
Hill 111110111111,..11 M11111111111
• 17ol840 2 R11 /1999 1000 0 37.80�Weld Coynlde/ C kamoP a Su•
•
D`1O WARRANTY DEED
THIS DEED. Made this 4th day of November , 1999,
between Jack R. Bond and Lila Bond
of the County of Weld and State of Colorado , -31.20
grantor,and SASCO Enterprises, LLC, a Colorado Limited 4�t
Liability Company A7g 8 r,K l 1
whose legal address is 3835'. W. lath 'Street, '.Greeley, CO. 80634
•
1 of the County of Weld and State of Colorado ,grantee:
WITNESSETH,That the grantor,for and in consideration of the sum of THREE HUNDRED SEVENTY EIGHT
THOUSAND AND NO/100
DOLLARS,($378, 0 0 0. 0 0 ),
the receipt and sufficiency of which is hereby acknowledged, has granted,bargained, sold and conveyed, and by these presents
does grant,bargain,sell,convey and confirm, unto the grantee,his heirs end assigns forever, all the real property together with
improvements, if any, situate,lying and being in the County of Weld , and State of Colorado,
described as follows:
Lot B of Recorded Exemption No. 0961-16-1-RE1594,
recorded May 26, 1994 in Book 1443 at Reception No.
2390492, being a part of.Northwest Quarter of Section
16, Township S North, Range 65 West of the 6th P.N. ,
County of Weld, State of Colorado;
TOGETHER with five (5) shares of the capital stock
of The Greeley Irrigation Company.
also known by street and number as East 20th Street, Greeley, CO 80631
TOGETHER with all and singular the hereditamcnts and appurtenances t erainro belonging,or in anywise appertaining, and
the reversion and reversions,remainder and remainders, rents.issues and profits thereof, and all the estate,right title,interest,
claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the
bereditaments and appurtenances.
TO RAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the grantee.his
bens and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the grantee,his heirs and assigns,that at the time of the caseating and delivery of these presents, he is well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
fee simple, and has good sight. full power and lawful authority to grant bargain, sell and convey the same in manner and form
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments.
encumbrances and restrictions of whatever kind or nature soever.
SEE CONTINUATION PAGE ATTACHED
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion of the grantee,his heirs and assigns,against all and every parson or persona lawfully claiming the whole or any pat thweof.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS;WHEREOF,the grantor has executed this decd on the date set forth above.
Jac B,nd� Lll�
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12-92-1999 12:11PM FKUM wtaiMuun uuL,. oe, ,eo ______2731
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weld County Co
East 20th Street •
EXCLUSIONS
Distribution utility easements (including cable TV) ;
Those specifically described rights of third parties not shown by the public
records of which Buyer has actual knowledge and which were accepted by buyer in
accordance with Section 8b (Matters Not Shown by Public Records) ; and
Inclusion of the Property within any special taxing district; and
The benefits and burdens of any declaration and party wall agreements, if any;
All taxes and assessmegts for the year 1999 and subsequent years, a lien, but
not yet due Dr payable.. i •
- -
Right of way for East 20th Street over the Northerly 30 feet of the land.
An undivided 80% of one-half interest in all oil, gas and other minerals as
reserved by J. Kenneth Harsh Trust in Deed recorded September 9, 1993 in Book
1401 at Reception No. 2349710, and any and all assignments thereof or interests
therein.
An undivided 80% of one-half interest in all oil, gas and other minerals as
reserved by Bank One in Deed recorded September 9, 1993 in Book 1401 at
Reception No. 2349711, and any and all assignments thereof or interests therein.
An undivided 40% of eight/eights interest in all oil, gas and other minerals as
reserved by Lanus Lee Harsh in Deed recorded September 9, 1993 in Book 1401 at
Reception No. 2349712, and any and all assignments thereof or interests therein.
An easement. for 4" waterline, as disclosed by Plat of Recorded Exemption No.
• 0961-16-1-RE1594 recorded May 26, 1994 at Reception No. 2390492.
; An Oil and Gas Lease, from Bank One, N.A. as Lessorks) to', Cache Energy
Investments as Lessee(si datedMay ,4, 1993, recorded June 1, 1993 in Book 1385
at Reception No. 2334898, and any and all assignments thereof or interests
therein.
An Oil and Gas Lease, from Dee Ann Standiferd as Trustee of the J. Kenneth
Harsh Trust as Lessor(s) to Cache Energy Investments as Lessee(s) dated November
4, 1992, recorded January 14, 1993 in Book 1367 at Reception No. 2318188, and
any and all assignments thereof or interests therein.
AND RESERVING unto the Grantor any and all oil, gas, and mineral rights of any
kind now owned by Grantor which are in, on, under and upon and that may be pro—
duced, together with the rights of ingress and egress necessary to explore for,
mine and remove such oil, gas and other minerals.
AND RESERVING unto the Grantor an adjudicated well (including pump, motor, and
panel) Priority Number 234 together with an easement to construct and maintain
an underground pipeline.
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NOTE TO APPIICANT: LAND USE APPLICATION CITY OF GREELEY
Please print er type all required itfamation This form COMMUNITY DEVELOPMEN7DEPT.
CASENOis NOT the complete submittal. Additional application ACGOIRiT Na 1dO010TH STREET,SUITS 8
nntaials,as well as the fee,are tobe provided with this 1]I►scatmint GREELLY,CO80631
e8 lorm Staff Will renew the submittal and advise you of APPLICATION RECEIVED - (910)3504780 Planner grip
Sits completeness for processing RECEIVED BY ,.
Chock Received_ Amotmt S I Billing Clavan tt• Refund tied Date: Amount S
GENERAL INFORMATION:
PROJECT INFORMATION:
NEW ofOwnn(s) SASCO Enterprises, LLC/MohrlangProject BALSAM VILLAGE SECOND
Complete Address See attached Annexation Petition Address/Location 900 Block East 20th Street, south sid
Telephone prawntZoning• CO.—RES proposed zoning Action Annexation •
DeactiApplicant/Agent Snowdance Development Company Legal �°°(�°°hd dditi°°at space aneeded)
See attached Annexation Map
Complete Address 1831 21st Street Road
FviatingSiteUaa(s) Agricultural
Greeley, Colorado 80631
Proposed SiteTde(s) Mixed Residential
Telephone 970-356-9787 SitaAa(Aerasor Square Feet) Approx. 27 acres
FEE INFORMATION: CERTIFICATIONS(S)
Fee shall be determined m a casebycase basis and dial be based on an estimated hourly rate by Mud be signed by EACHownerr ofaecoad or outhaiszd officer(s),ifa co:pordiocc current proof of
the project planner which will also include estimated review cods by other City department* ownership will be requested. Capaammt Evidence of who is Authorized to bind the wpasuon
Fees am due before processing proceed* may be requested.
Dan ltdalmon We catty that the appliodon and support materials providedto the City of Greeley for the identafled
Zoning/Rezoning 5230 ' 52,500 reques(s)aeUseandacanate. I/WeamhreMIawareofallrequahbeingmadetotheCityof
RiD(Ccece$ Final,Original,Modified') $250 $2,500 Oteeley and authorzedindiridtwlaa rums to represent out interest in request(s).
Use by Special Review' $250 12,300
Aznaation $500 53,500
Subdivision/Repless $100 $1,000 I �/v�
SI00 $1,000 1. terRIS(1,---
OacanonoDedicationi t_----___.
Special Use Pamiti $100 $1,000 Name(print) S'
'If concept and final plans are processed concurrently,only one fee will be charged.
'Tate will be additional fees for oat and gas wells to teoover oats Stirred by the Name(pint) Signature
Fire Depsrtmsat ober USE permit approval.
'Additional filing fees aquae:Ito Weld County Clerk and Reooada. (Use Additional Sheet ifNecessary)
C...lnewappliwpd
Sent By: SNOWDANCE GROUP LLC; 970 353 3348; Jan-27-00 4:53PM; Page 2/3
Supplemental Information to the Balsam Village 2nd
Annexation
Annexation Information Sheet Backup:
5. Special Districts
a. Weld County School District RE-6
b. Union Colony Fire/Rescue Authority
c. Northern Colorado Water Conservancy District
d. Aims Community College
e. Greeley Area Soil Conservation District
f. Weld County Library
6. All residents of the property being annexed are landowners.
7. Description of the intended uses.
a. The are no existing streets within the property. The property is
bordered to the north by East 20th Street and to the west by the Balsam
Village Subdivision. There is a City of Greeley water service line that
crosses the property from north to south. Water and sanitary sewer
main and service lines exist in East 20th Street and in the bordering
subdivision to the west that can service the site.
b. The existing use of the property is agricultural although it is zoned
residential in Weld County. The proposed use is mixed residential,
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with approximately 148 dwelling units consisting of single family
detached and single family attached units in duplex configuration.
c. The estimated number of school age students generated by the
development is 86;based upon Weld County demographics obtained
from the State of Colorado Demographers Office in Denver. The
methodology utilized in this calculation was to take the number of
children, aged 5-17, in Weld County (33,545) divided by the number of
households in Weld County (58,306),resulting .-1 .58 school aged
children per household. All of the above statistics are based upon the
1998 Census.
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