HomeMy WebLinkAbout20001295.tiff •
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\ City of
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May 8, 2000
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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
Weld County Library District
FROM: Cheryl Aragon, Deputy City Clerk
SUBJECT: R.A.W. Annexation
The Greeley City Council received a petition for annexation of property located generally
south of 29th Street and east of 35`h Avenue, known as the R.A.W. 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,June 6, 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:
June 6, 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
at 350-9743.
C��IneuJ
Pad 1 0a CC ; PLC ' /23 C!9; C,z-I, S/ A/LKEA?)
SERVING OUR COMMUNITY • I T ' S A TRADITION
We promise/a preserve anal improve lie yually of*for 9reeley liirouyli lime/y, courteous an/cosien 2000-1295
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 "R.A.W." Annexation and is located generally south of
29'`h Street and east of 35th Avenue. The hearing shall be held on
June 6, 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 3`d day of May, 2000.
Betsy D. Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 15, 2000
CASE NO. A 5:00
A RESOLUTION FOR THE RAW ANNEXATION PETITION FINDING SUBSTANTIAL
COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR
CONSIDERATION OF AN ANNEXATION •
WHEREAS, Richard Warkentin, submitted an annexation petition to the City of Greeley
for annexation of property located generally south of the intersection of 31S1 Avenue and 29th
S: eet;
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 June 6, 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).
4. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED, this 18th day of April, 2000.
ATTEST: CITY OF GREELEY:
City Clerk Mayor
PETITION FOR ANNEXATION
R. A. W. ANNEXATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
GREBLBY, COLORADO:
The undersigned, in accordance with Tide 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 descri'b'ed and shown on them p designated, " R. A. W.
Annexation." Pour (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 co, a: u ous 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 p o o rty, exc 7 o public
streets and alleys, and any land o 0 " by the . o o ring ninnicip hty, and are, in
fact, owners of one hundred percent (10:0%) 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. W o' the annexation boundary map, an identification of the location of each
ownership tract in ozi le : o .a!land and, if part or all of flue area is platted, the
boundaries and the I noon rs of plots or of lots and blocks ` o ••70(' 0 0
0
the boundary la a f;cation of Sly Special districts the area p nosed to
be : u xed 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.
5. A List of All Special Districts of which the territory proposed for annexation is part.
1. Weld County School District No. 6
2. Northern Colorado Water Conservancy District
3. Western Hills Fire Protection District
4. Aims Junior College
5. Weld County Library District
6. None.
7. The intended use and development of the proposed property for annexation has not
been finely determined by the applicant.
10. Except as otherwise provided, no part of the territory sought to be annexed is mare
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 m the district and subdistrict at the time
of inclusion of land owner's(s') :•re . 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 ithas the authority to 'o, o'o se. Land owner(s)
also agree(s) to waive, upon inclusion, any right which may exist to a refund
. , . to Article X, Secti'gn 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 acco . 0 with and pursuant to the statutes of the State of Colorado.
Land Owner(s) Name(s) and Signature(s) Mailing Address Pate of Si&aw`Ig
R. A. WARKENTIN CONSTRUCTION, INC. 6380 W. 10th STREET, #22
a. Colorado
Corporation GREELEY, CO 80634
sY: /J�/ /�lei�ii �J
R. A. WARKENTIN, President
Theforego' signature(s) was/were subscribed and sworn to before me this 1411 day of
Mika\ by R . WorKcn+;n .
<SP. 5
yitni#y and official seal.
r t. o.kdea-, My commission expires 121191m
Ni) he
Land Owned
SEE ATTACHED EXHIBIT A
If necessary, attach separate sheet.
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
GLEN DROEGEMUELLER being first duly sworn, states upon oath that he/she is
the circulator of the petition to which this Affidavit is.a, • o ed and knows ofahis/her own
knowledge that the signature of each land owner ap A on said petition is the
s"14. . ' r: of the person , o0, name it purports it to be.
( igiiat ire r)
The foregoing Affidavit was subscribed and sworn to before me this j4? day of
Re.tt t, . . ,4'x^2000, by Goa.,DvoTrytatill,
Witness my hand and official seal.
My w commitsion expires i it
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VICILITV MAP
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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 14, 2000
1. Name of Annexation R. A. W. Annexation
2. Name of Prooperty Owners) R. A. WARKENTIN CONSTRUCTION, INC. , a Colorado
Corporation
Street or Road Addresses of All Properties to be Annexed (Attach separate sheet
if nen.ssary):
NONE ASSIGNED
3. Person to Contact (Name, Address and Phone) GLEN DROEGEMUELLER
822 7th STREET, SUITE 350, GREELEY, CO 80631 970-353-9599
4. Size (in acres) 45.612
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 letter to that effect must acco o, 0 . y this petition.
Check One: [x].Land Owner-Initiated
[, ] o o .Coo oy Owned (C.R.S. 31-12-106)
[ ] Enclave (C.R.S. 31-12-106)
.5. ,•• o 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.
''l NOTE TO APPLICANT: ' LAND USE APPLICATION @Y OP Y /.....-----N\ 1
CI Plena pintarppo ail required infnn . Iisform COMbtOSRiY DEVELOPMENT DEPT.
j i NOT the rear.submitt.l Addmonalappliatian CASENO.ACCOUNTNO. 1300101$51BRET,SUIIE101
Gmatedls,as well as the fee,uotobe provided withthis nag COMPETE GREELRY.CO80631
farm. Starwill review the submittal and advise you of APPLICATIONRECEIVED (970)350-9780 Plums arty
O its compUfrnas for processing. R$C3IIVEDBY • •
o.
Cheek Received_ AmountS MB=Cloceratt• Refund Billed Datr._,_ AmountS
GENERALINFOBMATION: •
PROJECT INFORMATION:
Name ofOwnes{s) R. A. WARKENTIN CONSTRUCTION, INC. R. A. W. Annexation
Project
a Colorado Corporation •
Complete Address 6380 W. 10th Street, #22 Addrcasithcation Northwest Quarter, Section 24, Township 5 North,
Greeley, CO 80634 • Range 66 West 6th P.M.
i
elephone 970-351-6115 Present Znning' Ag props ZoningAction Unknown
Applr.nt/Age Glen Droegemueller Legal Description(attach if additional space isneeded)
See attached Exhibit A
Complete Address 822 7th Street, Suite 350
• Thrhtng Site Uses® Agricultural
Greeley, CO 80631 PropowdShe ig.0 Unknown
Telephone 970-353-9599 45.612 Acres
Site Area(Acres orScua:ePcet)
FEE INFORMATION: CEWTiYICATiONS(3)
Fee shall bedaerminedonacasebycasobasisandshallbe.batedonantiedboudyrateby Must be signed byEACBcanesof record oraut eiasdoffce(a),ifacorporation;curztat proof of
the project plume(which will also include estimated review cab by other City departments. ownot:hip will be requested. Corporations:Evidence of who isAuthomsd to bind the corporation
Fees are due before processing proceeds. maybe requested.
toning/
; Rezoning -S250 VW o catitythat the applicationand support mstaads provided to the City of Greeley forte identified
PUDg/Rezot Final Otigasl Modified) SZ50 X300 request®arelrueandaootnate. Me am/are AM aware of all requests beingmade to the City of
Use by Spacial Final,Review' ' 0 $2,500 Greeley and authorized individuals or turasto represent our insect in this/these request(s).
Amami:ion S500 . S2,500
Subdi"ram d_ �� _ n. (5/G*/` ,ti_
Spacial Use Permits $100 53.000 II
;Same(print) . • Signature
S:.a;.(vttali Cal pitmans proorasd coneuaentfy.only, one fee will be charged.
iMaewrllbeadditiooilfoesfarmlandgaswegstorecovercostsincutidbythe Name ) S•
Fire Dcputmcnt after MR pamitapptovai
'Additional filing toes required to Weld County Cledr and Recorder. • •
Mae Additional Shat ifnooessary) Ifflizzure
C L\nemappliwpd '
EXHIBIT A
LEGAL DESCRIPTION OF R. A. WARKENTIN CONSTRUCTION, INC.
ANNEXATION
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 24,
TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M., WELD COUNTY, COLORADO
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, AND WITH ALL
REFERENCED TRACTS BEING THOSE FILED IN THE WELD COUNTY RECORDS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 24 AND
CONSIDERING THE SOUTH LINE OF SAID NORTHWEST QUARTER TO BEAR SOUTH
89°25'49" WEST AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
THERETO;
THENCE SOUTH 89°25'49" WEST, 1990.94 FEET ALONG SAID SOUTH LINE TO THE
SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED AS LOT B OF RECORDED
EXEMPTION 0959-24-3-RE429 RECORDED NOVEMBER 30, 1979 UNDER RECEPTION NO.
1810571;
THENCE NORTH O1°04'27" WEST, 132.88 FEET ALONG THE EAST LINE OF SAID LOT B
TO THE NORTHEAST CORNER OF SAID LOT B, AND THE SOUTHEAST CORNER OF
THAT TRACT OF LAND RECORDED MAY 22, 1992 UNDER RECEPTION NO. 2288964;
THENCE NORTH 45°20'10" WEST, 446.73 FEET ALONG THE NORTHEASTERLY LINE OF
SAID TRACT TO THE NORTH CORNER OF SAID TRACT AND THE NORTHEAST CORNER
OF THAT TRACT OF LAND RECORDED OCTOBER 31, 1994 UNDER RECEPTION NO.
2413180;
THENCE NORTH 49°42'57" WEST, 120.41 FEET TO THE SOUTHEAST CORNER OF THAT
TRACT OF LAND RECORDED SEPTEMBER 23, 1996 UNDER RECEPTION NO. 2512172;
THENCE NORTH 12°33'18" WEST, 116.65 FEET TO A POINT ON THE SOUTH LINE OF
GALLERY GREEN THIRD- STREET AND EASEMENT DEDICATION PLAT AS RECORDED
APRIL 16, 1980 UNDER RECEPTION NO. 1822594;
THENCE ALONG SAID SOUTH LINE BY THE FOLLOWING NINE (9) COURSES:
I) NORTH 52°29'10" EAST, 504.31 FEET;
2) 197.59 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 310.00
FEET, CENTRAL ANGLE IS 36°31'10" AND WHOSE CHORD BEARS NORTH 70°44'45"
EAST, 194.26 FEET;
3) NORTH 89°00'20" EAST, 150.00 FEET;
4) 138.41 FEET ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 610.00
FEET, CENTRAL ANGLE 13°00'01" AND WHOSE CHORD BEARS SOUTH 84°29'40" EAST,
138.11 FEET;
5) SOUTH 77°59'39" EAST, 150.00 FEET;
6) 156.56 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 690 00
FEET, CENTRAL ANGLE IS 13°00'01" AND WHOSE CHORD BEARS SOUTH 84°29'40"
EAST, 156.22 FEET;
7) NORTH 89°00'20" EAST, 248.00 FEET;
8) SOUTH 00°59'40" EAST, 121.61 FEET;
9) NORTH 89°25'03" EAST, 987.89 FEET TO THE SOUTHEAST CORNER OF SAID
GALLERY GREEN THIRD - STREET AND EASEMENT DEDICATION PLAT;
THENCE SOUTH 01°11'52" EAST, 826.06 FEET ALONG THE EAST LINE Of SAID
NORTHWEST QUARTER AND GALLERY GREEN FOURTH ANNEXATION AS RECORDED
FEBRUARY 24, 1987 UNDER RECEPTION NO. 2089393, TO THE POINT OF BEGINNING.
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