HomeMy WebLinkAbout20001499.tiff D O N J . Ho F' F' 1025 9TH AVENUE, SUITE 309 • GREELEY, COLHRADO 80631
ATTORNEY AT LAW TELEPHONE 970-3.56-6767 • TELECOPIER 9-70-353-7504
June $, 2000
Board of County Commissioners
Weld County
915 10th Street
Greeley, CO 80631
RE : TOWN OF SEVERANCE/TIMBER RIDGE #2 ANNEXATION
Enclosed please find the following regarding annexatior of
certain property to the Town of Severance :
1 . Petition for Annexation with attached property
description;
2 . Map showing major proposed streets and existing streets
and roads adjacent to the property;
3 . Vicinity map showing the proposed annexation and
the proximity to the existing Town of Severance ;
4 . Annexation Impact Report ;
5 . Resolution and Notice of Public Hearing which are being
published in The Windsor Beacon.
As you can see from the Resolution, a hearing to adop: the
Ordinance annexing the property is scheduled for July 12 , 2000 at
7 : 00 p.m.
Sincerely,
f
Don J.
D
Attorney for t e
Town of Severance
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ANNEXATION PETITION
TO THE MAYOR AND BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE,
COLORADO:
The undersigned, in accordance with Title 31, Article 12,
Chapters 101 et . seq. , Colorado Revised Statutes, hereby petition
the Board of Trustees of the Town of Severance for annexation into
the Town of Severance the territory described herein and described
and shown on the map designated " 'LIMBER RIDGE ANNEXATION #-.`2
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 into the Town. : s set
forth in Exhibit "A" attached hereto and incorporated herein by
reference (Exhibit "A" must be an original printed proeprty
description on B 1/2 X 11 white paper) .
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 Town of Severance .
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 91/6) of the perimeter of the
area proposed to be annexed is contiguous with the Town of
Severance.
B . A community of interest exists between the territory
proposed to b≥ annexed and the Town of Severance .
C. The territory sought to be annexed is urban or all ? he
urbanized in the near future .
D. The territory sought to be annexed is integrates or is
capable of being integrated with the Town of Severance .
3 . In establishing the boundaries of the territory proposed
• to he annexed, no land held in identical ownership, whether
consisting of one tract or parcel of real estate or two cr more
contiguous tracts or parcels of real estate, has/have been divided
into separate parts or parcels of real estate without the writtef
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 t.we or nor
contiguous tracts or parcels of real estate comprising twnn_} (70 )
acres or more which, together with the buildings and :improvements
situated thereon have an assessed valuation in excess of $:?c.,, 00:
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 dos not include any
area which is the same or substantially the same area in which an
election for an annexation to the Town of Severance 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 town
other than the Town of Severance.
7 . The territory proposed to be annexed is not. presently a
part of any incorporated town, town and county, or town.
8 . The property owned by each petitioner is described o:-.
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 comprises (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 o
an annexation plat map containing the following information :
A. A written legal description of the boundaries of tl..e area
proposed to he annexed .
S . A map showing the boundary of the area proposed to b;'_
annexed.
C. Within the annexation boundary map, .an identification o
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 h
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 cent!fie:;
at least one-sixth ( 1/6) contiguity to the Town of Severance
F. Acceptance block describing the acceptance action of Town of Severance and
providing for the effective date and Town Clerk and Mayor attest signatures.
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.
THEREFORE, the undersigned respectfully petition the Board of Trustees of the Town
of Severance to annex the territory described and referenced to in Exhibit "A" to the
Town of Severance in accordance with and pursuant to the statutes of the State of
Colorado.
Land Owners Names and Signatures Mailing Address Date
35319 WCR 23, Windsor 80550 , 5-(5-- O O
Ales ander Schwindt
C 35319 WCR 23, Windsor 80550)0, /S•r12dt9(
lorence Schwindt
rij
The foregoing signatures were subscribed and sworn to before me this 15_
day of , 20oO_, byd4auatt- rued/Matt adida.04,4effi
Witness my hand and official seal.
My commission expires: 7-28Xc/ �j� )
/7c cam" - Pf
- - .te. Notary Public
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TIMBER RIDGE ANNEXATION #2
LEGAL DESCRIPTION
PROPERTY DESCRIPTION
Timber Ridge Annexation #2
A parcel of land being part of the Southeast Quarter (SE1/4) of Section Two (2), Township
North (T.6N,), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.),
County of Weld, State of Colorado and being more particularly described as follows:
BEGINNING at the Southeast Corner of said Section 2 and considering the East line of said
SE1/4 os bearing North 00'16'26" West, being a Grid Bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/92. a distance of 2582.96 feet,
wit.h all other bearings contained herein relative thereto:
THENCE South 89'37'54" West along the South line of said SE1/4 a distance of 30.00 feet
to the intersection with the Westerly Right—Of—Way (ROW) line of Weld County Rood #23
(WCR #23);
THENCE North 00'16'26" West along said Westerly ROW line a distance of 30.00 feet to
the intersection with the Northerly ROW line of Weld County Road #72 (WCR #72). Said point
being the TRUE POINT OF BEGINNING:
THENCE South 89'37'54" West along said Northerly ROW line a distance of 1387.38 feet
to the Easterly ROW line of the Great Western Railway Company (GWRC) as described within
the following Two (2) documents:
a. Right of Way Deed as recorded April 22, 1905 in Book 228 on Page 58 of the
records of the WCCR;
b. Quit Claim Deed as recorded March 10, 1906 in Book 234 on Page 92 of the records
of the WCCR
Thence along the Easterly ROW line of said GWRC by the following Three (3) courses and
distances:
THENCE North 23'36'51" East a distance of 467.47 feet to a Point of Curvature (PC);
THENCE along the Arc of a curve which is concave to the West a distance of 592.03 feet, wh ss•
Radius is 1950.80 feet, whose Delta is 17'23'18'", and whose Long Chord bears North
14'55'12" East a distance of 589.76 feet to the Point of Tangency (PT);
THENCE North 06'13'33" East a distance of 56.93 feet;
THENCE South 70'58'22" East a distance of 300.80 feet;
THENCE North 06'57'43" East a distance of 408.70 feet;
THENCE North 26'04'09" East a distance of 207.42 feet;
THENCE North 35'26'24" East a distance of 305.27 feet;
THENCE South 73'28'16" East a distance of 234.23 feet;
THENCE North 59'32'48" East a distance of 92.68 feet;
THENCE North 87'52'48 East a distance of 127.17 feet to the Westerly ROW line of said
WCR #23,
THENCE South 00'16'26" East along said Westerly ROW line a distance of 1773.59 feel to
the TRUE POINT OF BEGINNING.
Said described parcel of land contains 38.617 Acres, more or less (±) and is sublet to
rights—of—way or other easements as granted or reserved by instruments of record cr as
existing on said described parcel of land.
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1 I TIMBER RIDGE ANNEXATION NO. 2 REM9OMS DAM ! L� s u
/_\ RING SURVEYORS INC. a ; F Y
FOR @ g
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EVERI TT COMPANIES ONO EA9TIAN PARK ORIYE•MIMOSCR.CO susso 8
'" 3030 S.COLLEGE A.E. \/ PHONE:(0101 696-5011 • EA[:(910)989-5911 •M.M.RRIC9UtK1(..+s.Odl
71 COLLINS.CO 80525 PHONE: 226-1500
IMPACT REPORT OF THE TIMBER RIDGE #2 ANNEXATION
The proposed annexation is known as the Timber Ridge #2
Annexation to the Town of Severance and. involves the annexation of
approximately 38 . 617 acres of property as described in the property
description attached hereto.
The following information is provided with this report :
A. A preliminary master plan map showing the property to be
annexed and showing major proposed streets and existing streets and
roads adjacent to the property.
B . A vicinity map showing the proposed annexation' s
proximity to the existing Town of Severance .
C. Water service will be connected to North Weld County
Water District and water lines, although not shown on the enclosed
map, will lie within the street right-of-way. Sewer lines are not
shown on the enclosed map, but will lie within the street right-of -
way, and sewer service will be provided by the Town of Severance
wastewater treatment plant .
D. The existing land use is agricultural and the proposed
land use is Planned Unit Development as set forth on :he
preliminary master plan map.
E . Subsequent to annexation, the area will receive such
other services as are normally provided to residents of the Town cf
Severance .
F . No draft of a pre-annexation agreement is available z,t
the time of this report .
G . The property owners will construct all water and sewer
extensions, streets and other infrastructure improvements, and no
financing of such improvements will be done by the Town of
Severance .
H . The districts which exercise control over the property to
be annexed include :
1 . Aims Community College
2 . Windsor-Severance Fire Protection District
3 . Weld County School District RE-4
4 . Windsor/Severance Library District
5 . North Colorado Water Conservancy District
6 . North Weld County Water District
7 . West Greeley Soil Conservation District
8 . 911 Emergency Telephone Service
I . A statement from the Windsor/Severance School District is
enclosed.
DATE: June 8 , 2000 TOWN OF SEVERANCE
ill
EDUCATION FOR LIFE
W ND S 0 R Brian L Lessman
Superintendent of Schools
May 30, 2000
Stan Everitt
Everett Companies
P.O. Box 2125
Ft. Collins, CO 80522
Dear Stan:
Please accept this impact statement regarding the proposed annexation of property briefly identified as
Timber Ridge,to the Town of Severance. Based on the information provided to date, it appears than this
de-velopment may generate 500-600 residential lot?of which 15%may be multi-family in nature. Based
on current district planning standards, this development would generate approximately 340 -408 students
to the Windsor School District from single family lots and 15 -20 students from the multi-family units. Of
this number, 200 are expected to be elementary students, 100 are expected to be middle school students and
100 are expected to be high school students.
In.the short term these students would be transported to existing schools in the district. The district Ls
currently at capacity at the elementary and high school levels with room for growth at the middle level.
Given this condition, it is reasonable to assume that the district will soon need to go to the voters to add on
to existing facilities or build a new facility.
If all students were transported to Windsor at 100%build out,the impact to transportation is expected to lx
the capital cost of a 5.3 school buses and driver cost and operational cost for the same. The capital cost is
estimated to be$450,000 and the annual costs to be$53,000 including driver salary. These costs might b:
mitigated to a certain degree by the location of a school site at this or other locations in Severance. As
Severance has currently made arrangements for a school site in the Hunter Hill development,it may be that
the elementary portion of the transportation costs could be mitigated,reducing the cost for transportation b
approximately 50%.
The number of units currently proposed would not seem to call for the dedication of a school site at this
location. However, in conjunction with other developments, this development will add to the need for the
development of a new elementary site at a minimum. Given this impact to the district,we would call for a
voluntary contribution of $607 per unit to the school district,the current district standard as a cash-in-lieu
payment. The district does not currently have an intergovernmental agreement with the Town of Severance
that would require such a donation, however has proposed such to the Town. However, this fee is
consistent with district standards for the RE-4 School District. This cash-in-lieu payment will mitigate
costs associated with the purchase and development of a future school site. This fee is not designed to
mitigate construction costs associated with a new school,but rather, site acquisition and development. The
total fee associated with this contribution would be based on actual units constructed but would be
projected to be $300,000 -$365,000 based on estimates to date.
If you have any questions regarding this impact statement, feel free to contact me. •
Sincerely, r
Brian L. CessInan
Superintendent of Schools
cc Town of Severance
WELD COUNTY SCHOOL DISTRICT RE-4
1020 Main Street • P.O. Box 609 • Windsor, CO 80550 • (970) 686-7411 • Fax (970) 686-5280
4. .
RESOLUTION NO. 2000-J. ]_
A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF
THE TIMBER RIDGE ANNEXATION #2 IS IN SUBSTANTIAL
COMPLIANCE WITH C.R.S . 31-12-107 (1) AND SETTING A DATE
FOR A HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF
SEVERANCE TO CONSIDER ANNEXATION OF THE AREA PROPOSED TO
BE ANNEXED.
WHEREAS, the owners of 100% of the property known as the
Timber Ridge Annexation #2 have filed a Petition for Annexation of
the hereinafter described property to the Town of Severance, and;
WHEREAS, the Board of Trustees has determined that the
Petition is in substantial compliance with C.R.S . 31-12-107 (1) and
that a hearing on such annexation should be scheduled as provided
by Colorado law.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF SEVERANCE, COLORADO AS FOLLOWS :
Section 1 . The Board of Trustees hereby accepts the above
described petition for annexation and finds and determines that the
petition for annexation of the property described as the Timber
Ridge Annexation #2 and as described in Exhibit "A" attached hereto
is in substantial compliance with the requirements of C.R.S . 31-12-
107 (1) and Section 30 of Article II of the Colorado Constitution
and desires to initiate annexation proceedings in accordance with
law.
Section 2 . The Board of Trustees will conduct a public
hearing on the 12th day of July, 2000, at the hour of 7:00 p . m. at
the Town Hall, Town of Severance, 336 1st Street, Severance, Weld
County, Colorado for the purpose of determining whether the area
proposed to be annexed meets the applicable requirements of C. R . S .
31 -12-104 and 105 , and to determine whether the area should be
annexed to the Town of Severance .
Section 3 . The Town Clerk is hereby directed to publish
notice of this hearing once each week for five weeks in the Windsor
Beacon, the designated newspaper for the Town of Severance .
PASSED, ADOPTED AND APPROVED THIS 23rd day of May, 200c .
TOWN OF SEVERANCE
BY:
�)
EST /hat:L.
UN CLERK
te.
EXHIBIT "A"
TIMBER RIDGE ANNEXATION #2
LEGAL DESCRIPTION
ROPERTY DESCRIPTION
irnber Ridge Annexation #2
parcel of land being port of the Southeast Quarter (SE1/4) of Section Two (2), Township Sir
iorth (T.6N,), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.),
:aunty of Weld, State of Colorado and being more particularly described as follows:
'EGINNING at the Southeast Corner of said Section 2 and considering the East line of said
,E1/4 os bearing North 00'16'26" West, being a Grid Bearing of the Colorado State Plane
'oordinate System, North Zone, North American Datum 1983/92, a distance of 2582.96 feet,
'ith all other bearings contained herein relative thereto:
-HENCE South 89'37'54" West along the South line of said SE1/4 a distance of 30.00 feet
o the intersection with the Westerly Right—Of—Way (ROW) line of Weld County Rood #23
`NCR #23);
-HENCE North 00'16'26" West along said Westerly ROW line a distance of 30.00 feet to
he intersection with the Northerly ROW line of Weld County Road #72 (WCR #72). Said point
'eing the TRUE POINT OF BEGINNING:
-HENCE South 89'37'54" West along said Northerly ROW line a distance of 1387.38 feet
o the Easterly ROW line of the Great Western Railway Company (GWRC) as described within
he following Two (2) documents:
o. Right of Way Deed as recorded April 22, 1905 in Book 228 on Page 58 of the
records of the WCCR;
b. Ouit Claim Deed as recorded March 10, 1906 in Book 234 on Page 92 of the records
of the WCCR
-hence along the Easterly ROW line of said GWRC by the following Three (3) courses and
Distances:
HENCE North 23'36'51" East a distance of 467.47 feet to a Point of Curvature (PC):
-HENCE along the Arc of a curve which is concave to the West a distance of 592.03 feet, whos-.
'adius is 1950.80 feet, whose Delta is 17'23'18'", and whose Long Chord bears North
4'55'12" East a distance of 589.76 feet to the Point of Tangency (PT);
"HENCE North 06'13'33" East a distance of 56.93 feet;;
"HENCE Scut') 70'58'22" East a distance of 300.80 feet:
"HENCE North 06'57'43' East a distance of 408.70 feet;
"HENCE North 26'04'09" East o distance of 207.42 feet:
THENCE North 35'26'24" East a distance of 305.27 feet;
HENCE Soutn 73'28'16" East a distance of 234.23 feet;
HENCE North 59'32'48" East a distance of 92.68 feet;
"HENCE North 87'52'48' Eost a distance of 127.17 feet to the Westerly ROW line of said
''/CR #25;
-HENCE South 00'16'26" East along said Westerly ROW line a distance of 1773.59 feet to
he TRUE POINT OF BEGINNING.
said described parcel of land contains 38.617 Acres, more or less (±) and is subject to on
fights—of—way or other easements as granted or reserved by instruments of record or as r .::..
:existing on said described parcel of land.
NOTICE
Notice is hereby given that on the 12th day of July, 2000, at
the hour of 7:00 p.m. , at the Town Hall, located at 336 1st Street,
Severance, Weld County, Colorado, the Board of Trustees of the Town
of Severance will hold a public hearing on a Petition for
Annexation an area known as the Timber Ridge Annexation #2 as more
particularly described in Exhibit "A" attached to this notice . The
property proposed to be annexed is part of Section 2 , Township 6 ,
Range 67 West of the 6th P.M.
The Resolution fixing the foregoing hearing date accompanies
this Notice . The hearing shall be for the purpose of determining
and finding whether the area proposed to be annexed meets the
applicable requirements of C.R.S. 31-12-104 and C.R.S . 31- 12-105
and Section 30 of Article II of the Colorado Constitution, to
determine eligibility, and to determine if the area should be
annexed to the Town of Severance .
The Petition for Annexation and accompanying maps of the area
proposed to be annexed are on file with the Town Clerk at the Town
Hall located at 336 1st Street, Severance, Colorado, and may be
inspected during normal business hours .
GIVEN BY ORDER OF THE BOAR OF TRUSTEES OF THE TOWN OF
SEVERANCE, COLORADO.
T CLERK
SEVERANCE, COLORADO
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