HomeMy WebLinkAbout991125.tiff n'-h
City of
June 21, 1999
TO: Weld County Commissioners
Weld County Attorney's Office
Weld County School District Six
Northern Colorado Water Conservancy District
Union Colony Fire & Rescue Authority
Aims College
Weld Library District
FROM: Cheryl Aragon, Deputy City Clerk •
SUBJECT: Demaske Annexation
The Greeley City Council received a petition for annexation of property located generally east of
Balsam Avenue and north of East 24th Street, known as the Demaske 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 on Tuesday, July 6, 1999, 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 tie held:
July 6, 1999
7:30 p.m.
City Council Chambers
Public Safety Building
919 7th Street
Greeley, CO
If additional information is desired or if you have questions, please call the City Clerk's Office at
350-9743.
Attachments
Notice of Public Hearing
Resolution
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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 "Demaske" Annexation and is located
generally east of Balsam Avenue and north of East 24`h
Street. The hearing shall be held on July 6, 1999, in the City
Council Chambers of 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 2n° day of June, 1999.
Betsy D. Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 21 , 1999
CASE NO. A 3:99
A RESOLUTION FOR THE DEMASKE ANNEXATION PETITION FINDING
SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND
SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION
WHEREAS, Jeff L. Demaske submitted an annexation petition to the City of
Greeley for annexation of property located at 717-719 24th Street in the City of Greeley;
and
WHEREAS, The City of Greeley staff has found substantial compliance of the
annexation petit'.ion 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 §!531-12-104 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 July 6, 1999, 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 ktlOay of
May , 1999.
ATTEST: CITY OF GREELEY:
City Cl k 4/ / ayor
PETITION FOR ANNEXATION
DEMASKE 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, " Demaske
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
annexe is contiguous with the City of Greeley.
B. A community of interest exists between the territory proposed to be annexed
and the City of Greeley.
C. The territory sought to be annexed is urban or will be urbanized in the near
future.
D. The territory sought to be annexed is integrated or is capable of being
integrated with the City of Greeley.
3. In establishing the boundaries of the territory proposed to be annexed, no land
held in identical ownership, whether consisting of one tract or parcel of real estate
or two or more contiguous tracts or parcels of real estate, has/have been divided
into separate parts or parcels of real estate without the written consent of the land
owner or land owners thereof, except and unless where such tracts or parcels are
already separated by a dedicated street, road, or other public way.
4. In establishing the boundaries of the territory proposed to be annexed, no land
held in identical ownership, whether consisting of one tract or parcel of real estate
or two or more contiguous tracts or parcels of real estate comprising twenty (20)
acres or more which, together with the buildings and improvements situated thereon
have an assessed valuation in excess of $200,000 for ad valorem tax purposes for
the year next preceding the filing of the written petition for annexation,
has/have been included within the territory proposed to be annexed without the
written consent of the land owner or land owners.
5. The territory proposed to be annexed does not include any area which is the same
or substantially the same area in which an election for an annexation to the City of
Greeley was held within the twelve months preceding the filing of this petition.
6. The territory proposed to be annexed does not include any area included in another
annexation proceeding involving a city other than the City of Greeley.
7. The territory proposed to be annexed is not presently a part of any incorporated
city, city and county, or town.
8. The property owned by each petitioner is described on each separate signature
sheet and, when needed, described more fully in the exhibits attached hereto and
incorporated herein by reference.
9. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the land
owners and owning more than fifty percent (50%) of the property, excluding public
streets and alleys, and any land owned by the annexing municipality, and are, in
fact, owners of one hundred percent (100%) of the property set forth in Exhibit A
attached hereto and incorporated herein by reference.
Accompanying this petition are the original and four copies of an annexation plat
map containing the following information:
A. A written legal description of the boundaries of the area proposed to be
annexed.
B. A map showing the boundary of the area proposed to be annexed.
C. Within the annexation boundary map, an identification of the location of each
ownership tract in 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) aclmowhxlge(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) Names and Signatures) Mailing Address pate of Signing
5420 24th Street, Greeley
/ April 14, 1999
3 0 . _emaske Colorado, 80634
The foregoing signature(s) was/were subscribed and sworn to before me this 14th day of
April , 1929_, by Jeff L. Demaske
o��SASy.pp,iryi
Witness my hand and official seal. t#.••• Fms
J N0TARY•
4$.. J)expiresWLyo� a Ana
Notary Public 9,FOF00,St
MY COMMISSION EXPIRES:
May 28,2002
Land Owned
Lot B pf Recorded Exemption 0961-16-1-RE-1574 as recorded February 28. 1994 under Reception
No. 2375505, Weld Cotnty Records and located in the south half of the northeast quarter of
Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado.
If necessary, attach separate sheet.
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
GLEN DROEGEMUELLER being first duly sworn, states upon oath he is the circulator of the
petition to which this Affidavit is attached and knows of his 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.
•
(Signature of Circulator)
The foregoing Affidavit was subscribed and sworn to before me this 14th day of April, 1999, by
GLEN DROEGEMUELLER.
Witness my hand and official seal.
My commission expires 4-15-2001.
f/7/ / C - �i 7ThNTh
Notary lid l �� ..�
RECEIVED
APR 2 6 1999
CTIY OF GREELEY ANNEXATION INFORMATION SHEET
CITY CLER S
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 April 14. 1999
1. Name of Annexation Demaske Annexation
2. Name of Property Owner(s) Jeff L. Demaske
Street or Road Addresses of All Property to be Annexed (Attach separate sheet if necessary):
717-719 24th Street. Greeley. CO 80631
3. Person to Contact(Name, Address, and Phone) Jeff L Demaske. 5420 24th Street Greeley
CO 80634 302-4468
4. Size (in acres) approximately 17.816 Acres
Site larger than 10 acres require(as per C.R.S. 31-12-108.5, amended) and 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: [X] Land Owner-Initiated
[ ] Municipally Owned (C.R.S. 31-12-106)
[ ] Enclave (C.R.S. 31-12-106)
5. Attach a list of all special districts(including school districts) of which the territory proposed
for annexation if 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:
• Thee 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.
CITY OF GREELEY ANNEXATION INFORMATION SHEET
PAGE 2
5. It is the applicant's belief that the following are the only special districts or taxing districts of
which the territory proposed for annexation is a part of.
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 Library District
6. None
7. The existing use of the property is agricultural. The proposed use of the property is single-family
residential. There are no internal streets in existence on the parcel. The property can be serviced by
sewer by connection to the southeast Greeley trunk line adjacent to the property. There is no
domestic water service on the property. It is the applicant's belief that a 12 inch water distribution
line has been built in 24th Street in an area west of the west line of the applicant's property. The
applicant is not certain where the existing water line ends, but believes domestic water service could
be extended by utilization of the line in 24th Street. The applicant cannot estimate the number of
school students which will be generated or the number of dwelling units because no final decision
regarding land use planned for the property has been made.
•
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V IC )NJ IT-9 MAP
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LEGAL DESCRIPTION
Lot B of Recorded Exemption 0961-16-1-RE-1574 as recorded February 28, 1994 under Reception
No. 2375505 Weld County Records and located in the south half of the northeast quarter, Section
16, Township 5 North, Range 65 West of the 6th P.M., Weld County, Colorado and being more
particularly described as follows:
Commencing at the east quarter corner of said Section 16 and considering the south line of the
northeast quarter of said Section 16 to bear north 89° 26' 57" west, with all other bearings contained
herein being relative thereto;
Thence north 89° 26' 57" west, 1013.98 feet along said south line to the true point of beginning;
Thence north 89° 26'57" west, 1123.87 feet continuing along said south line to the southwest corner
of said Lot B, from which the center quarter corner of said Section 16 bears north 89° 26' 57" west
515.01 feet;
Thence north 00° 21' 20" west, 950.64 feet;
Thence 79.38 feet along the arc of a curve to the right whose radius is 222.00 feet, central angle is
20° 29' 15" and whose chord bears north 09° 53' 18" east, 78.96 feet;
Thence north 20° 07' 56" east, 156.95 feet;
Thence 127.56 feet along the arc of a curve to the right whose radius is 105.00 feet, central angle is
69° 36' 30" and whose cord bears north 54° 56' 11" east, 119.86 feet;
Thence south 18° 51' 27" east, 135.41 feet;
Thence south 44° 55' 56" east, 199.82 feet;
Thence south 40° 55'40" east, 399.39 feet;
Thence south 35° 25' 02" east, 536.71 feet;
Thence south 39° 55' 34" east, 321.67 feet to the true point of beginning;
Said tract of land contains 17.8186 acres, more or less;
The south 30.00 feet of said tract lies in the north 30 feet of right-of-way of East 24th Street, which
was annexed as part of the East 24th Street Annexation to the City of Greeley, Weld County,
Colorado.
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