HomeMy WebLinkAbout982668.tiff n ca' 'TY
PETITION FOR ANNEXATION I C
CLERK
The undersigned, in accordance with Article 12, Chapt$QBT;{CI!/asramended,
hereby petition the Town Board of the Town of Eaton, Colorado, for annexation to the
Town of Eaton the unincorporated territory more particularly described below, to be
known as rlo/a,Am./EYR'i-ior/ [NAME OF ADDITION], and in
support o said Petition, your petitioners allege that:
1) It is desirable and necessary that the following described territory as shown in
.Attachment A, be annexed to the Town of Eaton;
2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the Town of Eaton, Colorado;
3) A community of interest exists between the territory proposed to be annexed and
the Town of Eaton, 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 Town of Eaton, 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 or 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 dedicated street, road or other public way;
b. Comprising twenty (20) acres or more and which, together with the buildings
and improvements situated thereon has an assessed value in excess of Two
Hundred Thousand Dollars($200,000.00)for ad valorem tax purposes for
the year preceding 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 one year before this
annexation will take place;
9) The area proposed to be annexed comprises:
Less than ten(10) acres
_ Ten(10)or more acres (An Impact Report prepared by the Town is
required per Section 31-12-108.5, CRS, as amended)
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, A /'�. FA �i 1 / _' 1� -�✓er 982668
10) The area proposed to be annexed is located within:
a. Weld County
b. North Weld County Water District
c. Weld Library District
d. Eaton School District RE-2
e. Eaton Fire Protection District
T. Northern Colorado Water Conservancy District
g. Aims Community College District
11) The mailing address of each signer,the legal description of the land owned by
each signer and the date of signing of each signature are all shown on this
Petition;
12) Accompanying 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 may 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 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 Town of Eaton, 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) '1'hc undersigned agree to the following conditions, which shall be covenants
running with the land, and which shall, at the option of the Town, appear on the
annexation map:
a. Water rights shall be provided pursuant to Town ordinance and/or annexation
agreement;
b. The owners shall participate in providing drainage plans and improvements
and payment of a unit drainage fee as may be required by the Town for the
area;
c. The undersigned hereby waive any and all "vested rights"previously created
pursuant to Section 24-68-103, CRS, as amended;
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d. The undersigned and the Town 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.
A site specific development plan has been approved by Weld
County, Colorado, which has created a vested right.
EXECUTED this 3 1St day of_OCra13er 19 ' c? .
outtier` Date of Signing F rvA; Cv 91:O.1,-.14-
�-y _
/LT ---/ Mailing Address
Printed Name of Landowner
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IMPACT REPORT
HAYTHORN ANNEXATION
The proposed Haythorn Annexation contains just over 123 acres and will
probably be developed with a mixture of commercial and residential uses. The property
is bounded by Collins Street(Weld County Road 74)on the north, Weld County Road 37
on the west and Highway 85 on the east. The southern boundary lies 1/2 mile south of the
intersection of Weld County Road 74 and Weld County Road 39.
This report is provided as per state statute and contains information on the impact
the proposed development may have on the current infrastructure of the Town of Eaton.
WATER
The town buys treated water from the North Weld County Water District through
two master meters. Our contract includes a maximum flow of 2 million gallons of water
per day or a total of 730 million gallons per year. In 1997 and 1998 the town purchased
an average of 162 million gallons or 22%of system capacity. Peak flows are currently at
1,382,400 gallons per day or 69% of capacity. As the Hawkstone and Kamm
Developments continue to grow,yearly average and peak flows will approach 30% and
85% respectively.
Depending on the types of commercial uses that may be built in the Haythom
Annexation our peak flows may approach 100% of capacity in several years but the
average annual usage will still be well below capacity. Additional water storage will
have to be secured to handle the peak flows.
As with all annexations, raw water rights will have to be dedicated to the town in
sufficient quantities to serve this new area. Parks and open spaces can be irrigated.with
well water.
SEWER
The Town of Eaton Sewage Treatment Plant is designed and has been permitted
by the Colorado Department of Health for the following loads:
1) Flow into the plant= 340,000 gallons per day
2) BOD5 (A measure of oxygen demand to break down solids) = 887 pounds per
day based on a 30 day average.
We are currently at 60%of capacity on flow into the plant and 66% of BOD5
capacity. As F.[awkstone, Kamm and East Eaton continue to add taps these current rates
will approach the 85% level when we need to plan for expansion. Haythorn will
eventually add enough flow to necessitate the expansion of the plant.
All tap fees on new buildings are placed in a Sewer Construction Fund, which has
a current balance of$151,000. Hawkstone, Kamm and East Eaton tap fees will increase
this fund to over $770,000 (without interest) and Haythorn will also add enough to
finance a good size expansion to the existing plant.
The engineering done on the sewer system within Haythorn should also include
the study of the trunk line in Collins Street to be sure it can handle projected flows.
STORM DRAINAGE
By ordinance the developer will be required to submit a drainage plan which will
include the location and size of storm sewer lines and detention ponds. The location of
the Haythom property also presents a good opportunity to include detention areas for the
older part of town where there are currently none.
Once these improvements are completed and approved they become the
responsibility of the town to maintain.
STREETS
'The town currently maintains 15.15 miles of streets. The annexation would.
include the south half of Collins Street from Weld County Road 37 to Highway 85,. all of
Highway 85 from Collins Street south a half a mile(this would continue to be maintained
by the State). Weld County Road 37 would continue to be outside the town limits and
any streets withiin the annexation would be the town's responsibility.
The Highway Users Tax Fund money the town receives from the state is based on
street mileage maintained along with other factors. As this mileage increases so too does
the tax fund revenue.
SCHOOLS
Enrollment in the Eaton School District has been very stable over the last 4 — 5
years. Total capacity for all grades is 1,500 students with 1,338 students projected for
the 1998 —99 year or 89.2%of capacity.
Depending on the amount and type of residential development within Haythorn
("Empty Nester"verses Single Family) each dwelling unit could yield the district average
of.67 students each.
The Town and School District recently signed an agreement, which provides for a
fee on each residential building permit to be forwarded to the school for land acquisition.
This fee is reviewed annually and is currently at $681 per dwelling unit.
The commercial development will provide an excellent tax base that the school
district relies on.
FIRE
The Eaton Fire Protection District has indicated they need a new location to build
a larger equipment and meeting facility. The Haythom property could include a very
good location for such a facility.
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NOTICE
NOTICE IS HEREBY GIVEN that a Petition for Annexation of territory hereinafter
described has been presented to the Board of Trustees of the Town of Eaton, Colorado and
found to be in apparent compliance with the applicable provisions of law and The Board
has adopted a Resolution to set a public hearing to be held at Eaton Town Hall on January
14, 1999 in the Auditorium at 223 First Street in Eaton, Colorado to determine if the
proposed annexation complies with the applicable requirements of law.
The Resolution adopted by the Town Board for such purpose is in words, letters,
and figures as follows:
RESOLUTION NO. 98-5
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF EATON:
1. That annexation proceedings be initiated upon a Petition for Annexation of the
following described territory to the Town of Eaton, which Petition appears to be in
substantial compliance with the applicable provisions of Chapter 31, Article 12, Colorado
Revised Statutes.
Description of territory proposed for annexation:
Haythorn Annexation: Approximately 123 acres south
of town with Collins Street on the north boundary,
Weld County Road 37 on the west boundary and
Highway 85 on the east boundary.
2. Therefore, 7 o'clock p.m. on January 14, 1999 is hereby established as the time,
and the Town Hall at 223 First Street in Eaton, Colorado as the place, for a public hearing
to be held before the Town Board to determine if the proposed annexation complies with
Sections 31-12-104 and 31-12-105, C.R.S. or such parts thereof as may be required to
establish eligibility under Part 1 of Chapter 31, Article 12 of said statutes.
PASSED, APP D AND ADOPTED the 19th day of November, 1998.
,t4®EM?® _
4 TOWN OF EATON, COLORADO
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3 By: 712-2d 6
/` Mayor Donald B. Cadwallader
ATTEST: '., se► r
Erika C. Bagley, w Clerk
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