HomeMy WebLinkAbout951070.tiffLD CO'
- :.� Y OF EVANS
., R_SOLTITUQN NO. 7-1995
RE: FINDING ST(1TANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS FOR THE PLATTE RIVER ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation map, was hereto
for filed with the City Clerk requesting the annexation of certain property to be known as the
Platte River Annexation, more particularly described in the County of Weld, State of Colorado,
as follows:
See attached Exhibit A
WHEREAS, the City Council desires to initiate annexation proceedings in accordance with
law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
Section 1. That the City Council hereby accepts said annexation petition, finds and
determines that the annexation petition and accompanying map are in substantial compliance with
CRS 31-12-107, and desires to initiate annexation proceedings in accordance with law.
Section, The City Council shall hold a hearing to determine if the proposed annexation
complies with CRS 31-12-104 and 31-12-105, or such parts thereof as may be required to establish
eligibility for annexation under the terms of Part 1, Article 12, Title 31, CRS. A hearing shall
be held on the 6th day of June , 1995, in the City Council Chambers of the City of Evans,
3700 Golden Street, Evans, Colorado, at 7:30 p.m.
Section 3 The City Clerk shall publish notice of such hearing once per week for four
successive weeks in the Greeley Tribune, with the first publication at least thirty (30) days prior
to the date of the hearing. The City Clerk shall also send a copy of this Resolution and the
petition for annexation to the Clerk to the Board of County Commissioners, the County Attorney
and to any Special District or School District within the area proposed to be annexed.
Section 4. This Resolution shall be in full force and effect upon its passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Evans on this 2nd day of May , 1995.
ATTEST:
City Clerk
loco (Qge-nere4i; Ma«4_6 )
CITY OF EVANS, COLORADO
By
951070
'EXHIBIT A"
Tract 'A' of Evans Industrial Park as recorded May 22, 1975 in Book 739 as Reception Number
1660971 and which was replatted in Outlot 'A', Outlot 'B', Block 3 and Block 4, and portions
of Brantner Road and Industrial Parkway in First Replat Evans Industrial Park as recorded August
7, 1992 in Book 1237 as Reception Number 02299410.
The Easterly Thirty feet (30') of the Southwest Quarter (SW,A) of Section Thirty (30), Township
Five North (T.5N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6th P.M.)
Reso. 7-1995
951070
The City of
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition
for City Council of the City of Evans, Colorado, for annexation to the City of Evans the
unincorporated territory more particularly described below, to be know as Platte River
Annexation, and in support of said Petition, your petitioners allege that:
1) It is desirable and necessary that the following described territory be annexed to
the City of Evans;
Tract "A" of Evans Industrial Park as recorded May 22, 1975 in Book 739 as Reception Number 1660971 and which
was replatted in Outlot 'A', Outlot 'B', Block 3 and Block 4, and portions of Brantner Road and Industrial Parkway in
First Replat Evans Industrial Park as recorded August 7, 1992 in Book 1237 as Reception Number 02299410.
The Easterly Thirty feet (30') of the Southwest Quarter (SW 1/4) of Section Thirty (30), Township Five North
(T.5N.), Range Sixty-five West (R.65W.) Of the Sixth Principal Meridian.
2) Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Evans, Colorado;
3) A community of interest exists between the territory proposed to be annexed and
the City of Evans, Colorado;
4) The territory proposed to be annexed is urban or will be urbanized in the near
future;
5) The territory proposed to be annexed is integrated or is capable of being integrated
with the City of Evans, Colorado;
6) The signatures of the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and
said landowners attesting to the facts and agreeing to the conditions herein
contained will negate the necessity of any annexation election;
7) No land held in identical ownership, whether consisting of one tract to parcel of
real estate or two or more contiguous tracts or parcels of real estate:
a) Is divided into separate parts or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels are
separated by a separate dedicated street, road or other public way;
3700 Golden Street
951070
• Evans, Colorado 80620-2724 • 303-339-5344
Petition for Annexation
Page 2
b) Comprising twenty (20) acres or more and which, together with the
buildings and improvements situated thereon has an assesses value in
excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax
purposes for the year proceeding the annexation, is included within the
territory proposed to be annexed without the written consent of the
landowner or landowners.
8) No part of the area proposed 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 take place;
9) The area proposed to be annexed comprises MORE THAN TEN ACRES AND
AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-108.5, CRS,
AS AMENDED, IS REQUIRED.
10) The area proposed to be annexed is located within Weld County, and the following
special districts:
Water Districts - Northern Co. Water Conservancy Dist., Central Co. Water Conservancy Dist,
Central Weld County Water Dist., Central Co. Water Sub Dist.
Sanitation District
Fire District - La Salle Fire District
School District - Greeley School District #6
Recreation District
Library District - Weld Library Dist.
Ambulance District
Jr. College District - Aims Community College
Other
11) The mailing address of each signer, the legal description of the land owned by each
signed and the date of signing of each signature are all shown on this Petition;
12) Accompany this Petition are four (4) prints of the annexation 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, such map
prepared and containing the seal of a registered engineer or land surveyor;
c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be platted, then
951070
Petition for Annexation
Page 3
the boundaries and the plat number of plots or of lots and blocks are shown;
d) Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the City of Evans, and the contiguous boundary of any
other municipality abutting the area proposed to be annexed;
e) The dimensions of the contiguous boundaries are shown on the map.
13) The territory to be annexed is not presently a part of any incorporated city, city
and county, or town;
14) The undersigned agree to the following conditions, which shall be covenants
running with the land, and which shall, at the option of the City, appear on the
annexation map;
a) Water rights shall be provided pursuant to City Ordinance,
b) The owners shall participate in providing drainage plans and improvement and
payment of a unit drainage fee as may be required by the City for the area;
c) The undersigned hereby waive any and all "vested rights" previously created
pursuant to Section 24-68-103, CRS, as amended.
d) The undersigned and the City may enter into a Pre -Annexation Agreement prior
to the effective date of this annexation, which agreement shall be additional
conditions as effectively as if set forth in this Petition.
15) Petitioner represents that: (Check one)
No part of the property to be annexed is included within any site specific
development plan approved by weld County, Colorado.
X A site specific development plan has been approved by Weld County, Colorado,
which has created a vested right.
16) The petitioner understands the City of Evans will be responsible for costs incurred
for items such as, but not limited to, surveying, advertising and recording fees.
951070
Ramon A. Salazar
Address
Petition for Annexation
Page 4
PETITION FOR ANNEXATION Executed this 91 �udn
Day of /
Lot 1. Block 4. First Reeplat Evans Industrial Park
Parcel Description
/mill
Glenn D. Martindale Date Thelma K. Martindale Date
y/Z7/7
213 S. 5th Street
5
LaSalle. CO 80645
Address
213 S. 5th Street
LaSalle, CO 80645
Address
Lot 2, Block 4. First Replat Evans Industrial Park
P Description a
1799 49th Street
Greeley. CO 80634
Address
r
Date Olga alazar
AA -
1799 49th Street
Greeley, CO 80634
Address
Lot 1. Block 3. Outlot A, Outlot B First Replat Evans Industrial Park
Parcel Descrip
£4
D. Greenfie d, Mayor \J Date
�t 4/ -
Date
Michael J. Smith , alager Date
3700 Golden Street 3700 Golden Street
Evans, CO 80620 Evans, CO 80620
Address
The foregoing instrument was acknowledged before me this
y}'1 0.ki , A.D. 19 °IC .
s my ha nd official seal. My commission expires _
Witn
No Publi
3 rd,
day of
951070
Petition for Annexation
Page 5
**************************************************************************fit#
Office Use Only
Date Received Signed
Fees:
951070
PLATTE RIVER ANNEXATION
IMPACT REPORT
MAY, 1995
The proposed Platte River Annexation to the City of Evans contains land in excess
of ten acres, thus, requiring the following Impact Report required by CRS 31-12-
108.
The Land comprising the proposed Platte River Annexation lies at the
Southernmost boundary of the City of Evans, west of Hwy. 85 and the west 1/2
of the 17th Ave. right-of-way between Industrial Parkway/49th Street and 42nd
Street.
Sertinn 1- Maps and Utilities
Enclosed is a map of the City of Evans showing the general location of the Platte
River Annexation. In addition, there is a map showing the platted area complete
with sewer and water lines, drainage and powerline easements within the City of
Evans near the proposed annexation. Water lines are shown in blue and sewer
lines in green.
Sertinn 2 - Annexation Agreement
A draft copy of the Annexation Agreement is enclosed.
Section 3 - Fxtensinn and Financing of Municipal Services
As mentioned in the Preliminary Annexation Agreement, the City's water and
sewer systems have enough existing capacity to handle any anticipated demand
resulting from this annexation.
All of the services provided by the City will be financed through the existing
sources of revenues, which will apply to the new area as well, including property,
sales and franchise taxes, water, sewer, and sanitation fees.
The 4.515 acres comprising Lot 1, Block 3 and the 0.746 acre of Outlots 'A' and
'B' , of the 1st Replat of Evans Industrial Park included in the Platte River
Annexation presently owned by the City are proposed to be added to the existing
park system of the City of Evans and rezoned to a R-1 Single Family Residential
zone district. Improvements at this site shall be financed through the existing
parks fund.
The 2.078 acres of Lot 1, Block 4 will be rezoned to a M-1 Medium Manufacturing
zone district as per deed agreement with Glenn and Thelma Martindale.
951070
The 0.845 acre of Lot 2, Block 4 belonging to Ramon and Olga Salazar, along with
the 17th Avenue Right-of-way will be rezoned to a R-1 Single Family Residential
zone district shortly after annexation.
The current number of employees (Police and Maintenance) and the existing pieces
of equipment (trucks, street sweeper, snowplows, etc.) will be sufficient to service
this new area.
Spctinn 4 - Fxieting Taxing [lietrir.ts
Along with the City of Evans, the following taxing districts are included in this
annexation and have been notified as per CRS 31-12-108.
Greeley School District # 6
LaSalle Fire District
Weld Library District
Northern Colorado Water Conservancy District
Central Colorado Water Conservancy District
Central Weld County Water District
Central Colorado Water Sub District
Lot 1, Block 4 of the 1st Replat of Evans Industrial Park, upon annexation, will be
rezoned to a M-1 Medium Manufacturing zone district. Single-family and multi-
family residences are a permitted use in the M-1 district, however, no residences
are planned for the annexed area and the resulting land is not intended for
residential development. Even though there will be land rezoned R-1 Single Family
residential within the proposed annexation, no residences are planned for these
areas either. Therefore, fluctuation in local school enrollment is not expected as a
result of this annexation. In addition, this land lies within the 100 -year floodplain,
which would hinder future development.
951070
AGREEMENT
THIS AGREEMENT, made this day of , A.D., 19 , by and
between the City of Evans, Colorado, hereinafter called the "City". and
hereinafter called "Owner(s)".
WITNESS THAT:
WHEREAS Owner(s) is/are the owner(s) of the land not within the corporate
limits of the City of Evans, Colorado, described as follows:
Tract 'A' of the Evans Industrial Park as recorded May 22, 1975 in Book
739 as reception Number 1660971 and which was replatted in Outlot 'A',
outlot 'B', Block 3 and Block 4, and portions of Brantner Road and Industrial
Parkway in First replat Evans Industrial Park as recorded August 7, 1992 in
Book 1237 as Reception Number 02299410.
The Easterly Thirty (30) feet of the Southwest Quarter (SW1/4) /4) of Section
Thirty (30), Township Five North (T.5N.), Range Sixty-five West (R.65W.) of
the Sixth Principle Meridian (6th P.M.).
WHEREAS the proposed annexation conforms to the characteristics stated
in the adopted City of Evans Comprehensive Plan.
NOW, THEREFORE, in consideration of mutual covenants contained herein, IT IS
AGREED AS FOLLOWS:
1. The annexed property owner(s) agree that they will, at their own
expense, install necessary line extensions to connect said property to the
municipal water system and sewage treatment system of the City, if and when
development occurs.
2. Owner(s) will dedicate to the City all of the necessary easements and
rights -of -way for the installation and maintenance of said lines and any system
equipment made necessary thereby.
3. The installation of said lines, facilities, and equipment shall be
constructed according to such plans and specifications as determined and
provided by the City.
4. Owner(s) will comply with all the rules, regulations, laws, and
ordinances of the City of Evans, pertaining to or affecting the discharge into and
the use of the sanitary sewage treatment plant and system of the City, if such
service is provided.
951070
5. The Owner(s) will consent to the rezoning of their property following the
approval of said annexation to the City of Evans. The following properties are as
mentioned in the 1st Replat of Evans Industrial Park currently categorized as an
"agricultural" zone district by Weld County, Colorado and will be rezoned as
follows:
Lot 1, Block 4 will be rezoned to a M-1 zone district.
Lot 2, Block 4; Lot 1, Block 3; Outlot 'A'; Outlot 'B'; Industrial
Parkway Right-of-way; and the Brantner Road Right-of-way will be
rezoned to a R-1 zone district.
The Northernmost 2570.38 feet of the Easterly thirty (30) feet of the
Southwest Quarter of Section 30, Township 5 North, Range 65 West,
otherwise known as the West half of the 17th Avenue Right-of-way
between 42nd Street and 49th Street/Industrial Parkway will be
rezoned to a R-1 zone district.
6. The Owner(s) shall comply with all ordinances, resolutions, and policies
of the City of Evans.
7. Upon acceptance and approval of this application by the City, the terms,
conditions, specifications and covenants herein contained shall be fixed and
binding upon the Owner(s) and the heirs, assigns, and successors in the interest of
the Owner(s).
951070
EXECUTED the day and year first above written.
STATE OF COLORADO ) ss.
COUNTY OF WELD
The forgoing instrument was acknowledged before me this day of
,19 , by
owner
Witness my hand and official seal.
My commission expires:
Public Notary
Accepted this day of , 19_, by the City of Evans, Colorado.
ATTEST: THE CITY OF EVANS, COLORADO
By:
City Clerk
Mayor
951070
Hello