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Home My WebLink About980111.tiff CLID DATE: December 31 , 1997 _: 5 Itl 9: 35 TO: Weld County Commissioners✓ CLERK Weld County Attorney's Office TO TEE [` } Weld County School District Six Weld County School District RE4 Northern Colorado Water Conservancy District Windsor-Severance Fire District Aims Community College Windsor-Severance Library District West Greeley Soil Conservation District FROM: Cheryl Aragon, Greeley Deputy City Clerk(p SUBJECT: Hertzke First and Second Annexation II b The City of Greeley City Council received a petition for annexation of property located generally east of 95th Avenue and south of U.S. Highway 34 Business, known as the Hertzke First and Second Annexation. Your taxing district/jurisdiction is listed as being one of which the territory proposed for annexation is part. A public hearing will be held to determine whether the property is eligible for annexation and the hearing has been scheduled for February 3, 1998. 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: February 3, 1998 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 &IQ;Cllle�rk's Office at 350-9740. /�Qd 4r 980111 I%z/n CG: fi)A)) Gftj GMT So, ffL 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 "Hertzke First" and "Hertzke Second" annexation and is located generally east of 95th Avenue and south of U.S. Highway 34 Buiness. The hearing shall be held on February 3, 1998, in the City Council Chambers at the Public Safety Building, 919 Seventh 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 15th day of December, 1997. • Betsy D. Holder City Clerk CITY OF GREELEY, COLORADO RESOLUTION NO. 67 , 1997 CASE NO. A 10:97 A RESOLUTION FOR THE HERTZKE ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, Rick D. and Kathleen G. Hertzke submitted an annexation petition to the City of Greeley for annexation of property located at the southeast corner of 95th Avenue and U.S. Highway 34 Business 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 February 3, 1998, 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 16th day of December, 1997. ATTEST: CITY OF GREELEY: Cityrk M yor PETITION FOR ANNEXATION . FIRST HERTZKE ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, 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 described and shown on the map designated, " FIRST HERTZKE Annexation." 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 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, bas/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 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 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) aclmowledge(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. 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 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. J.and Owner(s) Namefs Signature(s) Mailing Address Date of Signing"P...c..,, J. 10601 Hwy . 257 Spur /0_i-at7 Rick . Hertzke Greeley , CO . 80634 10601 Hwy . 257 Spur /01.97 Kathleen G . Hertzke Greeley , CO. 80634 orelgoing signature(s) was/were subscribed and sworn to before a this / St- day of c 1,.e,, , 19 G1, by ,c.k . 4 -1-2ye car,a, k.<03 kl-eex. zve Witness my hand and official seal. 9 t/. ‘ ,47,1/1A1 . My commission expires � �- 2.),— 9 Notary Pu he Land Owned � LL • 4c4ec( rn cvamn. meviL If necessary, attach separate sheet. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Lawrence Hertzke r t z k e 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. �.e1�r�1�i15�cr ; atture o uculator (1:1e fore oing Affidavit was subscribed and swo to before me this M't-- day of LJ 1 6 , 19`7, by )—a wren rz. �. >42-14, Witness my hand and official seal. My commission expires 1 1—a-1_ co // JIM) No "-f}" FIRST FIRST HERTZKE ANNEXATION LEGAL DESCRIPTION LOT B OF RECORDED EXEMPTION NO. 0959-07-2-RE1339, RECORDED MAY 2, 1991 IN BLOOK 1297 AS RECEPTION NO. 0224891 /, BEING LOCATED WITHIN THE FOLLOWING DESCRIBED PARCEL: A TRACT OF LAND BEING PART Of THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, PART OF THE WEST HALF OF THE WEST HALF Of THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE NORTH 800 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH 800 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO, AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DES- CRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND CONSIDERING THE: WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7 TO BEAR SOUTH 00° 00' 00" WEST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 00° 00' 00" WEST, 45.6 FEET, MORE OR LESS, ALONG SAID WEST LINE TO A POINT ON THE SOUTH LINE OF THE GREELEY CITY LIMIT LINE AS SHOWN ON THE GOLDEN TRIANGLE SECOND ANNEXATION MAP TO THE CITY OF GREELEY, WELD COUNTY, COLORADO AS RECORDED FEBRUARY 1, 1985 IN BOOK 1057 UNDER RECEPTION NO. 1997982; THENCE. NORTH 88° 34' 39" EAST, 26. 16 FEET (NORTII 86° 26' 37" EAST, 27.30 ON ANNEXATION PLAT) ; THENCE SOUTH 89° 29' II" EAST, 571 .40 FEET, (NORTH 89° 52' 07" EAST, 571 .40 FEET ON ANNEXATION PLAT); THENCE SOUTH 89° 39' II" EAST , 1026.52 FEET; (SOUTH 89° 22' II" EAST ON ANNEXATION PLAT) ; TO THE EAST LINE or THE WEST HALL 01 THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER; THENCE SOUTH OO° 24' 12" CAST, 2101 .68 FEET; THENCE NORTH 88° 48' 43" WEST, 1668.65 FEET TO THE WEST RIGHT-OI -'WAY IINT- Of WEIU COUNTY ROAD 25 (95th AVENUE) ; THENCE NORTH 00° 00' 00" EAST, 20°0.220 FEET ALONG SAID WEST RIGHT-OF-WAY LINE; THENCE NORTH 85° 47' 53" EAST, 30.01 FEET TO THE WEST LINE DI SAID SECTION 7; THENCE NORTH 00° 00' 00" EAST , 15. 10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE FOLLOWING DESCRIBED TRACT or LAND: ` COMMENCING AT THE NORTHWEST CORNER 0 SAID SE.i I ON 7; THENCE SOUTH 00° 00' 00" WESI , RIONG THE WEST LINE 01 SA II) SECTION /, 215.52 FEET; THENCE NORTH 90° 00' 00" EAST, 30.00 FEET TO THE CAS- RIGHT-OI--WAY LINE OF WEAL COUNTY ROAD 25 (95th AVENUE) AND THE. TRUE POINT O! BEGINNING; THENCE ALONG THE CENTERLINE OF THE BOOMERANG DITCH (OUTER BOUNDARY OF LOT A Of- SAlll RCI 339 BY THE FOLLOWING 11 COURSES: • (I ) SOUTH 55° 13' 00" EAST, 189.97 FEET: (2) SOUTH 49° 30' 00" EAST, 65.20 FEET; (3) SOUTH 40° 18' 00" FAST, 98.20 FEET; (4) SOUTH 31 ° 49' 00" EAST, 66.80 FEET; (5) SOUTH 21 ° 45' 00" EAST, 175. 10 FEET; (6) SOUTH 04° 28' 00" EAST, 413.80 FEET; (7) SOUTH 06° 10' 00" WEST, 200.30 FEET; (8) SOUTH 16° 13' 00" EAST, 233.40 FEET; (9) SOUTH 10° 03' 00" WEST, 48.00 FEET; ( 10) SOUTH 37° 02' 00" WEST, 87. 10 FEET; ( II ) SOUTH 11 ° 13' 00" WEST, 64.70 FEET; ( 12) SOUTH 06° 07' 00" EAST, 138.50 FEET; ( 13) SOUTH 24° 13' 00" WEST, 86.20 FEET; (14) SOUTH 56° 58' 00" WEST, 73.60 FEET; ( 15) SOUTH 77° 43' 00" WEST, 75.30 FEET; (16) NORTH 81 ° 51 ' 00" WEST, 75.30 FEET; (17) NORTH 60° 40' 00" WEST , 162.05 FELT TO THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 25; THENCE NORTH 00° 00' 00" EAST, 1643.48 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE TRUE POINT OE BEGINNING; SAID TRACT OF LAND CONFAINS 66.40 ACRES, MORE OR LOSS. DATA: TOTAL PERIMETER 1520 FLi_: CONTIGUOUS FO EXISTING CITY LIMITS 1624 [EFT RATIO 1 :4.6 PERCENT CONTIGUOUS 21 .6% 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 October 10 , 1997 1. Name of Annexation FIRST HERTZKE ANNEXATION 2. Name of Property Owner(s) Pick D . and Kathleen G. Hertzke r t z k e Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if nrrrccary): east of 95th Ave . and south of U. S . 34 Business 3. Person to Contact (Name, Address and Phone) Roger D. Walker 10401 Oxford Road . Longmont . CO. 80501 303-684-9157 4. Size (in acres) 6 5 .4 0 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: [ ] Iand 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. .=r Rosz TI EsrGN ENO'. October 31, 1997 Honorable Mayor and Members of City Council City of Greeley 1000 Tenth Street Greeley,Colorado 80631 Re: "First Hertzke Annexation" Mr. Mayor and Members of City Council: For,and on behalf of our Client,Rick and Kathleen Hertzke,we respectfully request your favorable consideration of the annexation petition described as the"First Hertzlce Annexation". The"First Hertzke Annexation"is the first of two annexation petitions submitted for your consideration. The two annexation petitions will comprise approximately 153.86 acres,more or less. • The two properties to be considered for annexation lie adjacent to and east of 95th Ave. and south of U.S.34 Business. Water exists in 20th Street at 95th Ave. The City has constructed a major sanitary sewer main across the properties' southeast corner. 16th Street is proposed to bisect the properties along the quarter section line and terminate at 95th Ave. The properties are presently in agricultural production that are managed by one on-site resident. • The properties are presently zoned agricultural in Weld County. The petitioners plan mixed use development with intensities transitioning from U.S. 34 Business on the north to Sheep Draw on the south. Neighborhood commercial uses are proposed along U.S.34 Business. Said neighborhood commercial uses will provide services to two residential communities of manufactured homes on the north and south of the bisecting 16th Street. • The two residential communities will be known as "WildVtew". The northern most community will be designed for families. The community south of.16th Stri c will be designed for senior citizens and retirees. The"theme"of both communities will be affordable home ownership and a lifestyle requiring low property maintenance. • Open space is reserved and enhanced as the land uses approach Sheep Draw and its wildlife corridor. Development will expand an existing pond,enhance a wetlands area,and establish a buffer between the Sheep Draw natural space and the major collector, 16th Street,planned to the north. - 1 - (303) 684-9157 • Fax (303) 684-9146 • 10401 Oxford Road • Longmont, CO 80501 • The commercial lands along U.S. 34 Business will consist of approximately 20 acres. C-3 zoning is proposed. The most probable retail and service establishments are grocery, drugs,banks,hobbies, eyewear, specialty clothing,auto parts,electronics,computers, restaurant, self-storage,and other related neighborhood commercial activities. The commercial lands are foreseen to receive a significant degree of patronage from the two communities of"WildView". Pedestrian movement between "WildView"and the commercial lands will be highly encouraged. • Although manufactured housing pays property taxes at the same rate as conventional single family housing,it generates significantly fewer school children. According to the 1990 National Census,the average number of school age children per home was 0.343. A portion of the "WildView"communities plan no school age children. The total number of school age children that may be expected will be 110. The properties are in the Windsor #4 School District. • Approximately 500 single family residences may be anticipated at build-out. The property is encumbered by two oil wells. These will significantly reduce the number of dwelling units until such time as the oil wells are abandoned. The overall development may have a ten year build-out period. The"theme"of self-supporting community development is emphasized. Routine service needs are in proximity to the communities of"WildView". An emphasis on sub-neighborhoods and"know- your-neighbor" is encouraged by the use of neo-traditional planning techniques. Pedestrian movement is highly encouraged. The automobile will be a convenience,not a necessity within the communities. Common areas are not just reserved but,instead,fully developed for immediate, enjoyment. Open spaces within walking distance will provide a retreat for the communities of "WildView"and the public at large. Thank you for your consideration. ly, zzeji R ger D. Walker,P.E. cc:Rick and Kathleen Hertzke hertzke9.22 -2- t _� V c � Z ° � V l— o - 3 0• Q _. _ e orb II_ Z -ra QE S o 00 C 5 v) ¢ c 8 :42.8 V) M ED •A $ u E-5 �n t w o C `� aJ U Y -- n^n� Q C tn C F-▪- aJ V o $ .S at in o c w L 83 � - 4.. z ii O O. co w • . ca :<:,,,, ,-, - - a p $ f- z co •o C i ii)� X W p• el) on N N O — o 2 O. 04' r -•• • 3 Q' U U O . o-. S RI h - - s. 2 w V') d) '2 C S F►i•!� F b o aCi E .p l A Rt W ow ai -� o. i i E E c n a cs 3 O �.. 4 v o C9 • P �a . 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G -i � � a oa -e � g a - 0 0 3 0 _ � Q Ho u * B 0 13 6 �' out .1, r � • -• '' o -71.1 u vi u .S� WWW O ccZ7 gp• x c, �o oJ E+ 1,a.1 E>o f 31 FIRST HERTZKE ANNEXATION LEGAL DESCRIPTION LOT B OF RECORDED EXEMPTION NO. 0959-07-2-REI339, RECORDED MAY 2, 1991 IN BLOOK 1297 AS RECEPTION NO. 02248911, BEING LOCATED WITHIN THE FOLLOWING DESCRIBED PARCEL: A TRACT OF LAND BEING PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, PART OF THE WEST HALF OF THE WEST HALF Of THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE NORTH 800 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH 800 FEET OF THE WEST HALF OF THE WEST HALF 0E THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO, AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DES- CRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7 TO BEAR SOUTH 00° 00' 00" WEST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 00° 00' 00" WEST, 45.6 FEET, MORE OR LESS, ALONG SAID WEST LINT TO A POINT ON THE SOUTH LINE OF THE GREELEY CITY LIMIT LINE AS SHOWN ON THE GOLDEN TRIANGLE SECOND ANNEXATION MAP TO THE CITY OF GREELEY, WEED COUNTY, COLORADO AS RECORDED FEBRUARY 7, 1985 IN BOOK 1057 UNDER RECEPTION NO. 1997982; THENCE NORTH: 88° 34' 39" EAST, 26. 16 FEET (NORTH 86° 26' 37" EAST, 27.30 ON ANNEXATION PLAT); THENCE SOUTH 89° 29' II" EAST, _571 .40 FEET, (NORTH 89° 52' 07" EAST, 571 .40 FEET ON ANNEXATION PLAT); THENCE SOUTH 89° 39' II" EASI , 1026.52 FEET; (SOUTH 89° 22' II " EAST ON ANNEXATION PLAT) ; TO THE EAST LINE OF THE WEST HALI 01 THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER; THENCE SOUTH 00° 24' 12" EAST, 2101 .68 FEET; THENCE NORTH 88° 48' 43" WEST, 1668. 65 FEET TO THE WEST RIGHT-01 -WAY IINE 01- 'AE.IU COHNTI ROAD 25 (95th AVENUE) ; THENCE NORTH 00° 00' 00" EAST, 2050.23 FEET ALONG SAID WEST RIGHT-OF-WAY LINE; THENCE NORTH 85° 47' 53" EAST, 30,01 [EFT TO THE WEST LINE 01 SAID SECTION 7; THENCE NORTH 00° 00' 00" EAST, 15. 10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE FOLLOWING DESCRIBE:? TRACT 01' LAND: COMMENCING AT THE NORTHWEST CORNER 0; SAID SECI I ON 7; THENCE SOUTH 00° 00' 00" WESI , AIONG THE WEST LINE 01 SAID SECTION /, 215.52 FEET; THENCE NORTH 90° 00' 00" EAST, 30.00 FEET TO THE LAST RIGHT-OF-WAY LINE OE WELT) COUNTY ROAD 25 (95th AVENUE) AND THE TRUE POINI UI HEGINN ING; THENCE ALONG EHL CENTERLINE OF THE BOOMERANG DITCH (OUTER BOUNDARY OE LOT A OF SAID REI 339 BY THE FOLLOWING I7 COURSES: ( I ) SOUTH 55° 13' 00" EAST, 189.97 FEET; (2) SOUTH 49° 30' 00" EAST, 65.20 FEET; (3) SOUTH 40O 18' 00" FAST, 98.20 FEET; (4) SOUTH 31 ° 49' 00" EAST, 66.80 FEET; (5) SOUTH 21 ° 45' 00" EAST, 175. 10 FEET; (6) SOUTH 04° 28' 00" EAST, 413.80 FEET; (7) SOUTH 06° 10' 00" WEST, 200.30 FEET; (8) SOUTH (60 13' 00" EAST, 233.40 FEET; (9) SOUTH 10° 03' 00" WEST, 48.00 FEET; ( 10) SOUTH 37° 02' 00" WEST, 87. 10 FEET; ( II ) SOUTH 11 ° 13' 00" WEST, 64.70 FEET; ( 12) SOUTH 06° 07' 00" EAST, 138.50 FEET; ( 13) SOUTH 24° 13' 00" WEST, 86.20 FEET; (14) SOUTH 56° 58' 00" WEST, 73.60 FEET; ( 15) SOUTH 77° 43' 00" WEST, 75.30 FEET; (16) NORTH 81 ° 51 ' 00" WEST, 75.30 FEET; (17) NORTH 60° 40' 00" WEST , 162.05 FELT TO THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 25; THENCE NORTH 00° 00' 00" EAST, 1643.48 FEET ALONG SAID RIGHT-OF-'WAY LINE TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 66.40 ACRES, MORE OR LESS. DATA: TOTAL PERIMETER 1520 FL-J` CONTIGUOUS IC) EXISTING CITY LIMITS I621 FEET RATIO 1 :4.6 PERCENT CONTIGUOUS 21 .6% SECOND HERTZKE ANNEXATION LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M. , BEING THAT TRACT OF LAND DESCRIBED AS LOTS A 8 8 OF RE-I377 AND PART OF THE EAST HALF OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7 AND CONSIDERING THE WEST LINE OF SAID SECTION 7 TO BEAR SOUTH 00° 43' 00" EAST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; . THENCE SOUTH 00° 43' 00" EAST, 2141 .82 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF THE FIRST HERTZKE ANNEXATION AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 31 ' 43" EAST, 1638.65 FEET ALONG THE SOUTH LINE OF SAID FIRST' HERTZKE ANNEXATION; THENCE SOUTH 01 ° 07' 12" EAST, 537.02 FEET; THENCE SOUTH 45° 09' 17" EAST 951 .82 FEET; THENCE SOUTH 01 ° 06' 21" EAST, 667.72 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 89° 50' 44" WEST, 2343.28 FEET ALONG SAID SOUTH. LINE AND ITS WESTERLY EXTENSION TO THE WEST RIGHT-OF-WAY LINE OF "WELD COUNTY ROA 25; THENCE NORTH 00° 43' 00" WEST, 1883.29 FEET ALONG SAID WEST RIGHT-OE-WAY LINE TO THE SOUTH- WEST CORNER OF SAID FIRST HERTZKE ANNEXATION; THENCE SOUTH 89° 31 ' 43" EAST, 30.01 FEET ALONG THE SOUTH LINE OF SAID FIRST HERTZKE ANNEXATION TO THE TRUE POINT OF BEGINNING; SAID TRACT or LAND CONTAINS 87.46 ACRES, MORE OR LESS. • DATA: TOTAL PERIME1ER . . . . 8052 FEET CONTIGUOUS TO EXISTING CITY LIMIT . . . . 1669 FEET RATIO . . . . 1 :4.8 PERCENT CONTIGUOUS . . . . 20.7% PETITION FOR ANNEXATION - SFCONO HFRT7VF 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_desenlied herein and described and shown on the map designated, • SECOND H E RT Z K E . Annexation.' 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 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, bas/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 exrPss 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 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 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) aclmowledge(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. 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 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 Owner(s) Name(sr) and Signature(s) Mailing Address Date of Signing Wi&... ��`�(►tP l 10601 Hwy . 257 Spur /0-1-97 Rick . Hertzke(,) Greeley , CO . 80634 J10601 Hwy . 257 Spur -y7 Kathleen G . Hertzke Greeley , CO . 80634 The fore oing signature(s) was/were subscribed and sworn to before me this /- day of p1� , 1997 , by R c k t. -Ne.gkzuc ant Witness my hand and official seal. A!: My commission expires )/- 2 Notary Public Land Owned If nerrssary, attach separate sheet. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) COUNTY OF WELD ) ' Lawrence Hertzke be' first duly sworn, oath that he/she is the c r o petition to ch this Affidavit is attached and meows of is/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purport it to be. tt�1�l Prrto. ce 'l iJ gnature o ator e r omg Affidavit was subscribed and sworn to before me this day of �e-t✓—, 1997 , by Ltu O Fence t¢ 7�G P Witness my hand and official seal. MY commission expires Notary bhG��l. t SECOND HERTZKE ANNEXATION LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M. , BEING THAT TRACT OF LAND DESCRIBED AS LOTS A 8 8 OF RE-I377 AND PART OF THE EAST HALF OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7 AND CONSIDERING THE WEST LINE OF SAID SECTION 7 TO BEAR SOUTH 00° 43' 00" EAST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; • THENCE SOUTH 00° 43' 00" EAST, 2141 .82 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF THE FIRST HERTZKE ANNEXATION AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 31 ' 43" EAST, 1638.65 FEET ALONG THE SOUTH LINE OF SAID FIRST' HERFZKE ANNEXATION; THENCE SOUTH 01 ° 07' 12" EAST, 537.02 FEET; THENCE SOUTH 45° 09' 17" EAST 951 .82 FEET; THENCE SOUTH 01 ° 06' 21" EAST, 667.72. FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 89° 50' 44" WEST, 2343.28 FEET ALONG SAID SOUTH LINE AND ITS WESTERLY EXTENSION TO THE WEST RIGHT-OF-WAY LINE OF 'IELC COUNTY ROAI 25; THENCE NORTH 00° 43' 00" WEST, 1883.29 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTH- WEST CORNER OF SAID FIRST HER17KE ANNEXATION; THENCE SOUTH 89° 31 ' 43" EAST, 30.01 FEET ALONG THE SOUTH LINE OF SAID FIRST HERTZKE ANNEXATION TO THE TRUE POINT OF BEGINNING; SAID TRACT or LAND CONTAINS 87.46 ACRES, MORE OR LESS. DATA: TOTAL PERIME1F.R . . . . 8052 FEET CONTIGUOUS TO EXISTING CITY LIMIT . . . . 1669 FEET RATIO . . . . t :4.ri PERCENT CONTIGUOUS . . . . 20. 7% CITY OF GREELEY ANNEXATION INFORMATION SHEET The following information is required to pis the annexation of land into the City of Greeley. This sheet must be attached to a m e ed annexation petition. TO BE COMPLETED BY APPLICANT Date October 10, 1997 1. Name of Annexation SFGOND HFRTZKE ANNFYATinIJ 2. Name of Pro o_,�s., ��' "^'�`�(s) Risk D an�_hlPPn G H rtzkP Street if �osaRy)d Addresses of All Properties to be Annexed (Attach separate sheet t f 95th Ave. and south of U.S.34 Business 3. Person to Contact (Name, Address and Phone) Roger D. Walker a nom n O. 80. 501 303-684-9157 4. Size (in acres) A7 ar; Sites larger than 10 acres require (as per C.R.S. 31-12-I08.5, 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: U] Land Owner-Initiated [• ] Municipally Owned (C.R.S. 31-12-1067 [ ] 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. „ris DEsE N INgic October 31, 1997 Honorable Mayor and Members of City Council City of Greeley 1000 Tenth Street Greeley,Colorado 80631 Re: "First Hertzke Annexation" Mr.Mayor and Members of City Council: For,and on behalf of our Client,Rick and Kathleen Hertzke,we respectfully request your favorable consideration of the annexation petition described as the"First Hertzke Annexation". The"First Hertzke Annexation"is the first of two annexation petitions submitted for your consideration. The two amwvation petitions will comprise approximately 153.86 acres,more or less. • The two properties to be considered for annexation lie adjacent to and east of 95th Ave. and south of U.S.34 Business. Water exists in 20th Street at 95th Ave. The City has constructed a major sanitary sewer main across the properties' southeast corner. 16th Street is proposed to bisect the properties along the quarter section line and terminate at 95th Ave. The properties are presently in agricultural production that are managed by one on-site resident. • The properties are presently zoned agricultural in Weld County. The petitioners plan mixed use development with intensities transitioning from U.S. 34 Business on the north to Sheep Draw on the south. Neighborhood commercial uses are proposed along U.S.34 Business. Said neighborhood commercial uses will provide services to two residential communities of manufactured homes on the northand south of the bisecting 16th Street. • The two residential communities will be known as "WildView". The northern most community will be designed for families. The community south of 16th Street will be designed for senior citizens and retirees. The"theme"of both communities will be affordable home ownership and a lifestyle requiring low property maintenance. • Open space is reserved and enhanced as the land uses approach Sheep Draw and its wildlife corridor. Development will expand an existing pond,enhance a wetlands area,and establish a buffer between the Sheep Draw natural space and the major collector, 16th Street,planned to the north. - 1 - (303) 684-9157 Fax (303) 684-9146 • 10401 Oxford Road • Longmont, CO 80501 • • The commercial lands along U.S. 34 Business will consist of approximately 20 acres. C-3 zoning is proposed. The most probable retail and service establishments are grocery, drugs,banks,hobbies, eyewear,specialty clothing, auto parts,electronics,computers, restaurant, self-storage,and other related neighborhood commercial activities. The commercial lands are foreseen to receive a significant degree of patronage from the two communities of"WildView". Pedestrian movement between "WildView"and the commercial lands will be highly encouraged. • Although manufactured housing pays property taxes at the same rate as conventional single family housing,it generates significantly fewer school children. According to the 1990 National Census,the average number of school age children per home was 0.343. A portion of the "WildView"communities plan no school age children. The total number of school age children that may be expected will be 110. The properties are in the Windsor #4 School District. • Approximately 500 single family residences may be anticipated at build-ow. The property is encumbered by two oil wells. These will significantly reduce the number of dwelling units until such time as the oil wells are abandoned. The overall development may have a ten year build-out period. The"theme"of self-supporting community development is emphasized Routine service needs are in proximity to the communities of "WildView". An emphasis on sub-neighborhoods and"know- your-neighbor"is encouraged by the use of neo-traditional planning techniques. Pedestrian movement is highly encouraged. The automobile will be a convenience,not a necessity within the communities. Common areas are not just reserved but,instead,fully developed for immediate enjoyment. Open spaces within walking distance will provide a retreat for the communities of "WildView"and the public at large. Thank you for your consideration. m ly, ,, )) -52-icie Ro D. 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Ofr 3 Atop osn xly0)o j 0 z a 1- Q a H w . e� o. 0 S 50 >w --w ExifIB l Y mkt - FIRST HERTZKE ANNEXATION • LEGAL DESCRIPTION: LOT B OF RECORDED EXEMPTION NO. 0959-07-2-RE1339, RECORDED MAY 2, 1991 IN B100K 1297 AS RECEPTION NO. 022091 /, BEING LOCATED WITHIN THE FOLLOWING DESCRIBED PARCEL: A TRACT OF LAND BEING PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, PART OF THE WEST HALF OF THE WEST HALF or THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE NORTH 800 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH 800 FEET OF THE WEST HALF OF THE WEST HALF OI: THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M., COUNTY OF WELD, STATE OF COLORADO, AND PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DES- CRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7 TO BEAR SOUTH 00° 00' 00" WEST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 00° 00' 00" WEST, 45.6 FEET, MORE OR LESS, ALONG SAID WEST LINE TO A POINT ON THE SOUTH LINE OF THE GREELEY CITY LIMIT LINE AS SHOWN ON THE GOLDEN TRIANGLE SECOND ANNEXATION MAP TO THE CITY OF GREELEY, WELD COUNTY, COLORADO AS RECORDED FEBRUARY 7, 1985 IN BOOK 1057 UNDER RECEPTION NO. 1997982; THENCE NORTH 88° 34' 39" EAST, 26. 16 FEET (NORTH 86° 26' 37" EAST, 27.30 ON ANNEXATION PLAT): THENCE SOUTH 89° 29' II " EAST, 771 .40 FEET, (NORTH 89° 52' 07" EAST, 571 .40 FEET ON ANNEXATION PLAT); THENCE SOUTH 89° 39' II" EASI , 1026.52 FEET; (SOUTH 89° 22' II" EAST ON ANNEXATION PLAT) ; TO THE EAST LINE OF THE. WEST HALL OI THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER; THENCE SOUTH 00° 24' 12" CAST, 2101 .68 FEET; THENCE NORTH 88° 48' 43" WEST, 1668.65 FEET TO THE WEST RIGHT-OP -WAY IINE 01 WFIU COUNTY ROAD 25 (95th AVENUE) ; THENCE NORTH 00° 00' 00" EAST, 2080,23 FEET ALONG SAID WEST RIGHT-Of--WAY LINE; THENCE NORTH 85° 47' 53" EAST, 30.01 FEET TO THE WEST LINE 01 SAID SECTION 7; THENCE NORTH 00° 00' 00" EAST, 15. 10 FEET TO THE TRUE POINT OF BEGINNING: EXCEPT THE FOLLOWING DESCRIBED TRACT OP LANG: COMMENCING AT THE NORTHWEST CORNER OT SAID SEC i I ON /: THENCE SOUTH 00° 00' 00" WEST, RIONC, THE WEST LINE 01 SAID SECTION 1, 215.52 FEET; THENCE NORTH 90° 00' 00" EAST, 30.00 FEET TO THE LAST RIGHT-0I--WAY LINE OF WELT) COUNTY ROAD 25 (95th AVENUE) AND THE TRUE POINT OI BEGINNING: THENCE ALONG THE CENTERLINE OF TUC BOOMERANG DITCH (OUTER BOUNDARY OF LOT A OF SAID RE1339 BY THE FOLLOWING I7 COURSES: ( I ) SOUTH 55° 13' 00" EAST, 189.97 FEET; (2) SOUTH 49° 30' 00" EAST, 65.20 FEET; (3) SOUTH 40° 18' 00" EAST, 98.20 FEET; (4) SOUTH 31 ° 49' 00" EAST, 66.80 FEET; (5) SOUTH 21 ° 45' 00" EAST, 175. 10 FEET; (6) SOUTH 04° 28' 00" EAST, 413.80 FEET; (7) SOUTH 06° 10' 00" WEST, 200.30 FEET; (8) SOUTH 16° 13' 00" EAST, 233.40 FEET; (9) SOUTH 10° 03' 00" WEST, 48.00 FEET; (10) SOUTH 37° 02' 00" WEST, 87. 10 FEET; ( II ) SOUTH 11 ° 13' 00" WEST, 64.70 FEET; ( 12) SOUTH 06° 07' 00" EAST, 138.50 FEET; (13) SOUTH 24° 13' 00" WEST, 86.20 FEET; (14) SOUTH 56° 58' 00" WEST, 73.60 FEET; ( 15) SOUTH 77° 43' 00" WEST, 75.30 FEET; (16) NORTH 81 ° 51 ' 00" WEST, 75.30 FEET; (17) NORTH 60° 40' 00" WEST , 162.05 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 25; THENCE NORTH 00° 00' 00" EAST, 1643.48 FEET ALONG SAID RIGHT-OF-WAY LINE TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 66.40 ACRES, MORE OR LESS. DATA: TOTAL PERIMETER 1520 FE_i CONTIGUOUS IC EXISTING CITY LIMITS 1624 FEET RATIO I :4.6 PERCENT CONTIGUOUS 21 .6% SECOND HERTZKE ANNEXATION LEGAL DESCRIPTION A TRACT OF LANG LOCATED IN THE WEST HALF OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6th P.M. , BEING THAT TRACT OF LAND DESCRIBED AS LOTS A 8 B OF RE-1377 AND PART OF THE EAST HALF OF SECTION 12, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6th P.M. , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7 AND CONSIDERING THE WEST LINE OF SAID SECTION 7 TO BEAR SOUTH 00° 43' 00" EAST, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; . THENCE SOUTH 00° 43' 00" EAST, 2141 .82 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF THE FIRST HERTZKE ANNEXATION AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 31 ' 43" EAST, 1638.65 FEET ALONG THE SOUTH LINT OF SAID FIRST HERTZKE ANNEXATION; THENCE SOUTH 01 ° 07' 12" EAST, 537.02 FEET; THENCE SOUTH 45° 09' 17" EAST 951 .82 FEET; THENCE SOUTH 01 ° 06' 21" EAST, 667.72 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE NORTH 89° 50' 44" WEST, 2343.28 FEET ALONG SAID SOUTH LINE ANI) ITS WESTERLY EXTENSION TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY COAG 25; THENCE NORTH 00° 43' 00" WEST, 1883.29 FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE SOUTH- WEST CORNER.OF SAID FIRST HERTZKE ANNEXATION; THENCE SOUTH 89° 31 ' 43" EAST, 30.01 FEET ALONG THE SOUTH LINE OF SAID FIRST HERTZKE ANNEXATION TO THE TRUE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 87.46 ACRES, MORE OR LESS. DATA: TOTAL PERIMETER . . . . 8052 FEET CONTIGUOUS TO EXISTING CITY LIMIT . . . . 1669 FEET RATIO . . . . 1 :4.8 PERCENT CONTIGUOUS . . . . 20.7% t4 itzcs OFFICE OF COMMUNITY DEVELOPMENT City of 1100 10TH STREET,GREELEY,COLORADO 80631 (970)350-9780 FAX(970)350-9800 Greeley .._ 1 $i1 January 7, 1998 c $- 7_1 ' Barbara Kirkmeyer, Planning Coordinator F Weld County Commissioners s -< 915 19th Street Greeley, CO 80631 Ms. Kirkmeyer: Attached is a copy of the impact report for the proposed"Hertzke Annexation"to the City of Greeley. As per state statute, we are releasing this information for your review and comment. The public hearing for final determination if front of the Greeley City Council is scheduled for Tuesday, February 3, 1998 @ 7:30 pm. This hearing follows the council hearing, held on December 16, 1997, in which substantial compliance was confirmed. If you have any questions regarding the information within this impact report, please call me at the Greeley Planning Department at 350-9784. Sincerely, Chad Phillips, Planner II enclosed: Hertzke Annexation Impact Report ('a FLT` Pk) (79 ANNEXATION IMPACT SUMMARY HERTZKE FIRST AND SECOND ANNEXATIONS PROPERTY OWNERS Parcel Name 1 & 2 Rick & Kathleen Hertzke (As shown on Attachments A and B) REPRESENTATIVE Roger Walker LOCATION SE of 10th Street and 95th Avenue ACREAGE 153.86 Acres EXISTING USES Agricultural Production AVAILABLE UTILITIES City of Greeley Water, City of Greeley Sewer, Greeley Gas Company, U.S. West, Public Service, TCI Cablevision, Greeley Irrigation Company (Ditch #3 located east of Balsam Avenue) TAXING DISTRICTS Northern Colorado Water Conservancy District, Windsor Severance Fire Protection District, Windsor Library District, Windsor School District No. RE4, Aims Community College, Weld County, West Greeley Soil INTENDED/PROPOSED USES The owners have stated the intention of proposing a future development after annexation and establishment of RM (mobile home community), R-3 (multi-family residential), and a commercial zone. The preliminary concept for the property includes commercial at the north end, mobile home community in the middle, and multi-family at the south end. COMPREHENSIVE PLAN No portion of this site lies within the City's approved Mid-Range Expected Service Area, but lies within the boundary of the Long-Range Expected Growth Area, and well outside of the Municipal Services Suitability Area (Attachment C). Generally speaking, the proposed commercial land uses do not appear to be compatible with existing surrounding land uses both within City limits and in unincorporated Weld County, which has a current County zoning of "A" (agricultural) and are not supported by the Greeley Comprehensive Plan. Further analysis will occur with the establishment of zoning for the property. Under the Land Compatibility section of the Comprehensive Plan, the majority of the site is identified as a prime irrigated farm ground, with high potential as a dry cropland. The Battalion Fire Chief has indicated that this area is outside of the existing fire protection services area, and the Water and Sewer Department has stated that sewer service can be accessed on-site. Water service is readily available with the addition of nearby main extensions. SURROUNDING LAND USES North - Agricultural Production, Single Family Dwelling South - Agricultural Production East - Agricultural Production West - Agricultural Production, Single Family Dwelling SURROUNDING ZONING North - City R-1 (Single Family Residential) South - County A (Agricultural) East - County A (Agricultural) West - County A (Agricultural) ANALYSIS The entire site constitutes 153.86 acres. The site generally lies southeast or the intersection of 10th Street and 95th Avenue. The site being south of existing city limits on the west side of the City. The site has limited transportation access, due to the exclusion of the land just south of the SE corner of 95th Avenue and 10th Street and the land immediately east of the site from this annexation. The exclusion of these parcels, along with the Colorado Department of Transportation's limiting of access points off of 10th Street, reduce the access to this site to just one (1) point - which would be aligned with 16th Street (as shown on the applicant's conceptual site plan). The City has informed the applicant that at least two access points will be required for this development. The residential land use envisioned by the applicants for the site appears generally consistent with City of Greeley Comprehensive Plan policies in that residential development is encouraged to be provided for all income levels. However, the timing of the development is of concern as is the design of the project, particularly as viewed from 10th Street, a key community entryway. The applicants have also expressed an interest in developing commercial at the north end, multi- family and open space at the south, and a 514- lot mobile home community in the middle. The mobile home community is planned to have 2 community centers, a RV storage and maintenance area, detention ponds, and landscaping areas. The annexation of this site into the city would be consistent with present growth patterns and Comprehensive Plan policies. There is clear evidence that this site shares a common interest with the City's future. The requirements of State statutes and City of Greeley guidelines for annexation appear to have been met by this requested annexation. Again, timing of the development is of concern. Because of the residential intent of this annexation and the 153.86 acre size, the effect of the Hertzke Annexation upon the local schools of School District 6 could be a large impact at full build-out, with the addition of an estimated 771 students. (This figure was calculated by multiplying the estimated number of dwelling units (514) by an average of 1.5 students per household.) The site presently lies within the boundaries of the Windsor School District No. RE4. The applicant has approached the City informally with a conceptual site plan for the layout of the mobile home community. The total number of dwellings mentioned above is an estimate taken from the concept plan and will probably vary. A breakdown of the proposed land uses are as follows: Mobile home community - 122.8 acres North parcel (mobile home community?) - 21 acres Southwest parcel (Multi-family) - 10 acres ATTACHMENTS First Annexation Plat: Attachment A Second Annexation Plat: Attachment B Vicinity Map: Attachment C Surrounding Land Uses/ Water & Sewer: Attachment D Applicant's Summary: Attachment E iY{8}d$ `F plp a , YCy ill d Y b wra 5s ' b y l®IIffd Iiy I!! ill R lili °b . 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Sin I , '.. .:: - - t. : : = 10th • Agricultural W/ Single Family ---__ _: , : Agricultural /IDCA Agricultural � Agricultural op co ay 4\ .............: ' ;::! J r / 20th ■ ti ( at IN 0.5 0 0.5 1 Miles HERTZKE ANNEXATION r __ ON IIWATER N - Water Structure `�efl 't l I I Parcels 4 s ., . ,w [ , /Water Mains Assail, .�, , �G'1,fix+{ -ildlli[I� _: `t, I /V Sewer Pipe SI . 3 .,y i! :as - N Road Centerline t _, _ i�IJ [/ , ill July 1997 VICINITY ATTACHMENT E ' asz I] ESLGN ]INC( October 31,1997 Honorable Mayor and Members of City Council City of Greeley 1000 Tenth Street Greeley,Colorado 80631 Re: "First Hertzke Annexation" Mr. Mayor and Members of City Council: For,and on behalf of our Client,Rick and Kathleen Hertzke, we respectfully request your favorable consideration of the annexation petition described as the"First Hertzke Annexation". The"First Hertzke Annexation"is the first of two annexation petitions submitted for your consideration. The two annexation petitions will comprise approximately 153.86 acres, more or less. • The two properties to be considered for annexation lie adjacent to and east of 95th Ave. and south of U.S.34 Business. Water exists in 20th Street at 95th Ave. The City has constructed a major sanitary sewer main across the properties' southeast corner. 16th Street is proposed to bisect the properties along the quarter section line and terminate at 95th Ave. The properties are presently in agricultural production that are managed by one on-site resident. • The properties are presently zoned agricultural in Weld County. The petitioners plan mixed use development with intensities transitioning from U.S. 34 Business on the north to Sheep Draw on the south. Neighborhood commercial uses are proposed along U.S.34 Business. Said neighborhood commercial uses will provide services to two residential communities of manufactured homes on the north and south of the bisecting 16th Street. • The two residential communities will be known as "WildView". The northern most community will be designed for families. The community south of 16th Street will be designed for senior citizens and retirees. The"theme"of both communities will be affordable home ownership and a lifestyle requiring low property maintenance. • Open space is reserved and enhanced as the land uses approach Sheep Draw and its wildlife corridor. Development will expand an existing pond, enhance a wetlands area, and establish a buffer between the Sheep Draw natural space and the major collector, 16th Street, planned to the north. - 1 - (303) 684-9157 • Fax (303) 684-9146 • 10401 Oxford Road • Longmont, CO 80501 • The commercial lands along U.S. 34 Business will consist of approximately 20 acres. C-3 zoning is proposed. The most probable retail and service establishments are grocery, drugs,banks,hobbies,eyewear, specialty clothing, auto parts,electronics,computers, restaurant, self-storage,and other related neighborhood commercial activities. The commercial lands are foreseen to receive a significant degree of patronage from the two communities of "WildView". Pedestrian movement between "WildView"and the commercial lands will be highly encouraged. • Although manufactured housing pays property taxes at the same rate as conventional single family housing, it generates significantly fewer school children. According to the 1990 National Census,the avenge number of school age children per home was 0.343. A portion of the "WildView"communities plan no school age children. The total number of school age children that may be expected will be 110. The properties are in the Windsor #4 School District. • Approximately 500 single family residences may be anticipated at build-out. The property is encumbered by two oil wells. These will significantly reduce the number of dwelling units until such time as the oil wells are abandoned. The overall development may have a ten year build-out period. The"theme"of self-supporting community development is emphasized. Routine service needs are in proximity to the communities of"WildView". An emphasis on sub-neighborhoods and"know- your-neighbor" is encouraged by the use of neo-traditional planning techniques. Pedestrian movement is highly encouraged. The automobile will be a convenience, not a necessity within the communities. Common areas are not just reserved but, instead, fully developed for immediate enjoyment. Open spaces within walking distance will provide a retreat for the communities of "WildView"and the public at large. Thank you for your consideration. rely, Aji R ger D. Walker, P.E. cc: Rick and Kathleen 1-Iertzke hertzke9.22 - 2 - Hello