HomeMy WebLinkAbout990796.tiff DON J • H OFF 1025 9TH AVENUE SUITE 309 • E . CY,,cOLORADO 80631
ATTORNEY AT LAW TELEPHONE 970-356-6767 ..• TELECOPIEF 970-353-7504
r V
April 5, 1999 TO1 '__
Board of County Commissioners
Weld County
915 10th Street
Greeley, CO 80631
RE : TOWN OF KERSEY/KOHLER ANNEXATION
Enclosed please find the following regarding annexation of
certain property to the Town of Kersey:
1 . Petition for Annexation;
2 . Map showing present boundary of the Town of
Kersey and area proposed to be annexed;
3 . Map showing proposed streets, lots, blocks, etc . ;
4 . Annexation Impact Report
5 . Resolution w/attached property description
and Notice of Public Hearing which are being
published in The Voice .
As you can see from the Resolution, a hearing to adopt the
Ordinance annexing the property is scheduled for May 4 , 1999 at
7 : 00 p.m.
Sincerely,
697
Don J. Hoff
Attorney for the
Town of Kersey
DJH: th
Enclosures
'1 0� / I € ' (I ) (:/ )) �C / .
.A '� 990796
PETITION FOR ANNEXATION
The undersigned are the owners of 100% of the property proposed to be annexed, inclusive of streets and
alleys, which property is described in Exhibit "A", attached hereto and made a part hereof, hereby petition
the Town of Kersey far annexation of the property described in Exhibit "A" (the "Property"), in
accordance with the provisions of Part 1 of Article 12 of the Title 31, C.R.S.
In support of this petition, petitioners state:
1. It is desirable and necessary that the Property be annexed to the Town of Kersey.
Annexation is desirable and necessary to be eligible to receive police services, water and sewer
service and street maintenance from the Town of Kersey.
2. The requirements of the applicable provisions of Section 31-12-104 and 31-12-105, C.R.S.
exist and have been met.
The proposed Property to be annexed meets the applicable provisions of Section 31-12-104
relative to 1/6 of the perimeter of the area proposed to be annexed is contiguous with town
boundaries and there exists a community of interest.
The proposed property to be annexed meets the applicable provisions of Section 31-12-105 with
some need for discussion relative to 31-12-105 (1)0 and the extension to the east of Campbell
Street.
3. Not less than one-sixth of the perimeter of the Property is contiguous with the Town of
Kersey.
The entire area under discussion in this annexation identifies as Tracts A and B as shown on the
Annexation Map, are allowable to be annexed under the 1/6 Statute, according to the following
computations:
473.85' contiguous with the original Town of Kersey
1,323.37'contiguous with the Clark and Hills Addition
2.612.96'contiguous with the Platte Valley Schools Addition
4,410.18'
x 6
26,461.08 = allowable perimeter
10,288.65 L.F. = actual perimeter
By the above computations, the actual perimeter is approximately 39% of the allowable
perimeter.
4. A community of interest exists between the Property and the Town of Kersey.
The area is immediately adjacent to existing development in the Town of Kersey, and would be
the logical place for the town to grow.
5. The Property is urban or will be urbanized in the near future.
The western and northern boundary of the Property is adjacent to the Town of Kersey and is
surrounded by land that is prime land for development as it has relatively easy access to
Highway 34 and is within a half mile of rail siding.. With these attributes it is likely the area will
be developed in the near future.
6. The Property is integrated with or capable of being integrated with the Town of Kersey.
With the Property located where it is, once the annexation of the Property is completed, sewer
and water service is installed and police service is implemented, I believe the Property will be
substantially integrated with the Town of Kersey.
7. In establishing the boundaries of the Property, no land held in identical ownership has been
divided into separate parts or parcels without the written consent of the landowner unless separated by a
dedicated street, road or other public way.
The land owner is holding 8.6 acres of his property out of this annexation.
8. No land held in identical ownership comprising twenty (20) acres or more which has a
valuation for assessment in excess of Two Hundred Thousand Dollars ($200,000) for the preceding tax
year has been included in the boundary of the Property without written consent of the landowner.
Not applicable as all the land under this request is under the ownership of one landowner nor is
the value in excess of 8200,000.
9. No annexation proceedings have been commenced for the annexation of all or part of the
Property to another municipality.
This is the only annexation proceeding for the Property.
10. Annexation of the Property will not result in the detachment of area from any school district
or attachment of area to another school district.
There will be no detachment of area from a school district or attachment of area to another
school district as a result of this proposed annexation.
11. Upon the effective date of the Annexation ordinance, all lands within the Property shall
become subject to all ordinances, resolutions, rules and regulations of the Town of Kersey, except for
general property taxes of the Town of Kersey, if any, which shall become effective on January 1st of the
next succeeding year following passage of the Annexation ordinance.
It is with this understanding that we proceed with the annexation proceedings.
12. Petitioners are owners of more than fifty percent (50%) of the territory included in the area
proposed to be annexed exclusive of streets and alleys, and comprise more than fifty percent (50%) of the
landowners of such area, and are, in fact, owners of one hundred percent (100%) of the area proposed to
be annexed, exclusive of streets and alleys and said owner attesting to the facts and agreeing to the
conditions herein will negate the necessity of an annexation election.
Petitioners are owners of one hundred percent (100%) of the area proposed to be annexed to the
Town of Kersey.
13. Accompanying this petition are four copies of an annexation map showing the seal of a
registered engineer or land surveyor, containing:
a. A written legal description of the boundaries of the Property proposed to be annexed;
shown as Exhibit A
b. The boundary of the Property and the boundary of the Property contiguous with the
Town of Kersey and any other municipality abutting the Property;
as shown on Exhibit B
c. The location of each ownership tract of unplatted land, there being no platted land on
the Property:
as shown on Exhibit B
d. The total acreage, more or less, of the Property;
97.3771 acres, more or less
e. The total length of the perimeter of the boundary of the Property and the length of the
boundary of the Property contiguous with the Town of Kersey;
Total length of boundary of property is 10,288.65 feet; total length of boundary
contiguous with the TOW!? of Kersey is 4,410.18
14. No part of the area proposed to be annexed is more than three miles from a point on the
municipal boundary, a.s such was established more than one year before this annexation will take place.
Exhibit B details the distances of Property from Town of Kersey boundaries.
15. The area proposed to be annexed is located within: Weld County, and Platte Valley School
District and the Kersey Fire Protection District.
Yes, the area proposed to be annexed lies within the boundaries of all three entities.
16. 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.
Yes
17. The territory to be annexed is not presently a part of any incorporated city, city and county,
or town.
The Property proposed to be annexed is not a part of any incorporated city, city and county, or
town.
18. No vested rights to use or develop the Property in any particular way, as defined in Section
24-68-101, et, seq., C.R.S. have been requested by Petitioners from any governmental entity. Petitioners
waive any vested land use rights attached to any or all of the Property.
The petitioners recognize that the Town of Kersey has existing easements in place and have been
working with the Town and the school district by accommodating the request for addition by
easement.
19. Petitioners shall dedicate all water rights for the Property to the Town of Kersey as required
by ordinance.
Builder would like to pay water fees at time of building permit as cash in lieu of water.
20. The Property Owner shall pay all fees and costs incurred by the city in processing this
annexation petition through the annexation hearing before the Board of Trustees.
The Property Owner understands that all fees and cost associated with processing this
annexation petition through the annexation hearing before the Board of Trustees will be borne
by the Property Owner.
21. The petitioners acknowledge that upon annexation of the Property to the Town, the Property,
the owners thereof, and uses thereon will be subject to all taxes and fees imposed by the Town.
The Property Owner acknowledges that upon annexation of the Property to the Town, the
Property, the owners thereof and uses thereon will be subject to all taxes and fees imposed by
the Town.
WHEREFORE, the undersigned petitioners request that the Town of Kersey approve the
annexation of the Property.
Property Owner:
Dated:
Name
Mailing Address:
EXHIBIT A
PROPERTY DESCRIPTION
PROPOSED KOHLER ADDITION
TO THE TOWN OF KERSEY. COLORADO
That certain parcel of land being a part of the North One-half of Section 21, Township 5 North,
Range 64 West of the Sixth Principal Meridian, Weld County, Colorado, more particularly
described as follows;
Considering the East line of the Northeast Quarter of said Section as bearing North 00'31'03"
West, as monumented by number six rebar with 2-1/2" aluminum seals stamped LS 9644 at the
Northeast corner and the East Quarter corner of said Section 21, with all bearings contained
herein relative thereto:
Commencing at the East Quarter corner of said Section 21, thence North 00°31'03" West along
the East line of the Northeast Quarter of said Section 21 a distance of 124.72 feet, to a point on
the North right-of-way line of the Union Pacific Railroad;
thence South 89°10'37" West along said North right-of-way line a distance of 30.00 feet to a
point on the West right-of- way line of Weld County Road number 55, said point being the
POINT of BEGINNING;
thence South 89°10'37" West, along said North right-of-way line, a distance of 2595.96 feet to a
point on the West line of the Northeast Quarter of said Section 21;
thence continuing along said North right-of-way line South 89'12'45" West, a distance of 333.30
feet;
thence North 00012'02" West, along the East line of that certain parcel of land as described in a
deed recorded in book 1095 at page 292 of Weld County records, a distance of 150.00 feet;
thence South 89°10'32" West, along the North line of said parcel described in book 1095 at page
292, a distance of 384.75 feet;
thence departing said North line, North 00°49'28" West, a distance of 615.11 feet;
thence South 89°30'56" West, a distance of 608.65 feet to a point on the West line of the
Southeast Quarter of the Northwest Quarter of said Section 21, said West line also being the
East line of the original town of ORR(Kersey);
thence North 00°29'04" West, along said West line, a distance of 473.85 feet to the Northwest
corner of said Southeast Quarter of the Northwest Quarter of said Section 21;
thence North 89°46'39" East, along the North line of Southeast Quarter of the Northwest Quarter
of said Section 21 also being the South line of the Clark and Hills Addition to the Town of
Kersey, a distance of 1323.37 feet to a point on the West line of the Platte Valley School
Addition to the Town of Kersey;
thence South 00°45'53" East, along the West line of said Platte Valley School Addition a
distance of 11.53 feet;
thence North 89°45'50" East along the North line of Platte Valley School Addition, a distance of
2601.43 feet;
thence South 00°31'04" East, along the West right-of-way line of Weld County Road number 55,
a distance of 1190.70 feet to the Point of Beginning;
and containing 97.3771 acres, or 4,241,748 square feet.
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V
IMPACT REPORT OF THE KOHLER ANNEXATION
The proposed annexation is known as the Kohler Annexation to
the Town of Kersey and involves the annexation of approximately
97 . 377 acres as described in the property description attached
hereto.
The following information is provided with this report :
A. An annexation map showing a portion of the present
boundary of the Town of Kersey and the property proposed to be
annexed.
B . A map showing proposed streets, lots, blocks and proposed
water and sewer lines .
C. Water and sewer service will be connected to the existing
water and sewer lines of the Town of Kersey. Water and sanitary
sewer services will be provided by the Town of Kersey.
D. The Town of Kersey is prepared to provide police services
to the territory to be annexed and other services currently
provided to residents of the Town of Kersey.
E. No draft of the annexation agreement is available at the
time of this report .
F . Water and sanitary sewer extensions, streets and all
other infrastructure improvements will be built by the owner or
developer and no financing of such infrastructure by the Town of
Kersey is anticipated. The Town of Kersey has considered the
impact of the annexation on its' ability to provide services,
including the ability to provide adequate water service and
wastewater treatment service .
G. The districts which exercise control over the property to
be annexed include :
1 . Aims Community College
2 . Platte Valley Fire Protection District
3 . Weld County School District RE-7
4 . Weld County Library District
5 . North Colorado Water Conservancy District
6 . Central Colorado Water District
7 . Central Weld County Water District
8 . West Greeley Soil Conservation District
H. A statement from the Platte Valley School District RE-7
is enclosed.
DATE : APRIL 5, 1999 TOWN OF KERSEY
PROPERTY DESCRIPTION
That certain parcel of land being a port of the North One—half of Section 21,
Township 5 North, Range 64 West of the Sixth Principal Meridian, Weld County,
Colorado, more particularly described os follows;
Considering the East line of the Northeast Quarter of said Section as bearing
North 00'31'03' West, as monumented by number six rebar with 2-1/2" aluminum
seals stamped LS 9644 at the Northeast corner and the East Quarter corner of
'said Section 21, with all bearings contained herein relative thereto:
Commencing at the East Quarter corner of said Section 21, thence North 00'31'03"
West along the East line of the Northeast Quarter of said Section 21 a distance
of 124.72 feet, to a point on the North right—of—way line of the Union Pacific
Railroad;
thence South 89'10'37" West along said North right-of—way line a distance
of 30.00 feet to o point on the West right—of— way line of Weld County Road
number 55, said point being the POINT of BEGINNING;
thence South 89'10'37" West, along said North right—of—way line, a distance
of 2595.96 feet to a point on the West line of the Northeast Quarter of said
Section 21;
thence continuing along said North right—of—way line South 89'12'45" West,
a distance of 333.30 feet;
thence North 00'12'02" West, along the East line of that certain parcel of
land as described in a deed recorded in book 1095 at page 292 of Weld County
records, a distance of 150.00 feet;
thence South 89'10'32" West, along the North line of said parcel described
in book 1095 at page 292, a distance of 384.75 feet;
thence departing said North line, North 00'49'28" West, a distance of
615.11 feet;
thence South 89'30'56" West, a distance of 608.65 feet to a point on the
West line of the Southeast Quarter of the Northwest Quarter of said Section 21,
said West line also being the East line of the original town of ORR (Kersey);
thence North 00'29'04" West, along said West line, a distance of 473.85 feet
to the Northwest corner of said Southeast Quarter of the Northwest Quarter of
said Section 21;
thence North 89'46'39" East, along the North line of Southeast Quarter of
the Northwest Quarter of said Section 21 also being the South line of the rsey, a to oa poinnt on theAddition to
West lnehe of thenPaftteeValley Schoolnce of Addition to 7 the
feet
Clrk the
Town of Kersey,
thence South 00'45'53" East, along the West line of said Platte Valley
School Addition a distance of 11.53 feet;
thence North 89'45'50" East along the North line of Platte Volley School
Addition, o distance of 2601.43 feet:
thence South 00'31'04" East, along the West right—of—way line of Weld
County Rood number 55, a distance of 1190.70 feet to the Point of Beginning;
and containing 97 3771 acres, or 4,241,748 square feet.
e
MAR-29-+9 HON 14:37 P. 02
[Platte galley @School
WELD COUNTY DISTRICT RE-7
P.O. BOX 485 - KERSEY. COLORADO 60044-070/352.-6177- FAX 970/35 I-7670
LEONARD HAINLEY, SUPERINTENDENT E. GLENN MCCLAIN, BUSINESS SERVICES DIRECTOR
25 March 99
•d ., .,,t.
Mr. Joel Smile .-r/-• `? '�+•' C
Town Of Kersey �` g i'� I. r, *PAY.
Kersey. CO.JP,„,../44.g /4,4 . s . .-t4.
.
j�• ,�/ • tI-
Dear Mk Y �.. ,°�. Jr ,�
Platte Vai1`e Schools is in th , 3 • ' + ��e° °� . . 1,n projects.
The first is the building of a • `; + �fi -\ • • 4, h., cond is a
ten classroom addition to o I as.e•t; s •S!1 re •o ation of
our eleme t school, an ion o t •e
currenti*'_ * s h scho•,rt : �� "� I.
comple�' we
believ '�cN • •. ` bl s". .s',•�� • • .tot• u ent rat:; growth of ti A bust "IT o e�Z • , I •t• W a •o• es to Kersey, would
cone b ",10, •' �' wa y '. . ` . 6k• Est. We will have
adequate t {4�y i1: `.. e�, r our •uildings and
renovatio ''4 '4
:. 7„ had' •c: •'•. ; ,�
Future lani,§tor', • • •1 • 1 ould include ew elementary
but there are no p ; ti nt time. The dis _ **has adequate
facilities for the i t e. ! 3�
�kA • �•.
Res ectfully, ``ti S,
7/ c
/�17u "�py
Leonard L. Hainley
Superintendent
z9e4A • Sekerrtrim. . . (4iiek! Ora' . f (Yn .l.
RESOLUTION 1999- ,A0.53
3
A RESOLUTION FINDING THAT THE PETITION FOR
ANNEXATION OF CERTAIN PROPERTY OWNED BY SCOTT
KOHLER AND KAYE KOHLER IS IN SUBSTANTIAL
COMPLIANCE WITH THE REQUIREMENTS OF C.R. S . 31-
12-107 (1) AND SETTING A DATE FOR HEARING
BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF
KERSEY, COLORADO TO CONSIDER THE PROPOSED
ANNEXATION.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF KERSEY, COLORADO:
Section 1 . The Board of Trustees finds that the Petition for
Annexation of certain property owned by Scott Kohler and Kaye
Kohler and more specifically described in Exhibit "A" attached
hereto, is substantially in compliance with C.R. S . 31-12-107 (c) and
Section 30 of Article II of the Colorado Constitution.
Section 2 . The property to be annexed is a parcel of
property located in the North 1/2 of Section 21, Township 5 North,
Range 64 West of the 6th P.M. , County of Weld, State of Colorado,
as more specifically described in the property description attached
hereto as Exhibit "A" and incorporated herein by this reference .
Section 3 . The Board of Trustees hereby establishes a
hearing date for the purpose of considering an Ordinance annexing
the property into the Town of Kersey and establishes such hearing
date as the 4th day of May, 1999 at the hour of 7: 00 p.m. at the
Kersey Town Hall located at 332 3rd Street, Kersey, Colorado. Such
hearing is fcr the purpose of determining and finding whether the
area proposed to be annexed meets the applicable requirements of
C .R. S . 31-12- 104 and 31-12--105 and to determine whether the area
should be annexed to the Town of Kersey.
Section 4 . This Resolution is hereby directed to be
published together with notice of the hearing herein established
and that such publication shall be once each week for four
successive weeks in The Voice, the designated newspaper of the Town
of Kersey, Colorado.
rPASSED, ADOPTED AND APPROVED this 9th day of March, 1999.
, 0
C
Q' � TOWN OF ERSEY
• a
C BY:�,. f.i : '[ MAYOR
: ATTEST:
DAP Y TO CL K
•
PROPERTY DESCRIPTION
That certain parcel of land being a port of the North One—half of Section 21,
Township 5 North, Range 64 West of the Sixth Principal Meridian, Weld County,
Colorado, more particularly described as follows;
Considering the East line of the Northeast Quarter of said Section as bearing
North 00'31'03" West, as monumented by number six rebar with 2-1/2" aluminum
seals stamped LS 9644 at the Northeast corner and the East Quarter corner of
sold Section 21, with all bearings contained herein relative thereto:
Commencing of the East Quarter corner of said Section 21, thence North 00'31'03"
West along the East line of the Northeast Quarter of said Section 21 a distonce
of 124.72 feet, to a point on the North right—of—way line of the Union Pacific
Railroad;
thence South 89'10'37" West along said North right-of—way line a distance
of 30.00 feet to a point on the West right—of— way line of Weld County Road
number 55, said point being the POINT of BEGINNING;
thence South 89'10'37" West, along said North right—of—way line, a distance
of 2595.96 feet to o point on the West line of the Northeast Quarter of said
Section 21;
thence continuing along said North right—of—way line South 89'12'45" West,
a distance of 333.30 feet;
thence North 00'12'02" West, along the East line of that certain parcel of
land as described in a deed recorded in book 1095 at page 292 of Weld County
records, a distance of 150.00 feet;
thence South 89'10'32" West, along the North line of said parcel described
in book 1095 at page 292, a distance of 384.75 feet;
thence departing said North line, North 00'49'28" West, a distance of
615.11 feet;
thence South 89'30'56" West, a distance of 608.65 feet to a point on the
West line of the Southeast Quarter of the Northwest Quarter of said Section 21,
said West line also being the Eost line of the original town of ORR (Kersey);
thence North 00'29'04" West, along said West line, a distance of 473.85 feet
to the Northwest corner of said Southeast Quarter of the Northwest Quarter of
said Section 21;
thence North 89'46'39" East, along the North line of Southeast Quarter of
the Northwest Quarter of said Section 21 also being the South line of the
Clark and Hills Addition to the Town of Kersey, a distance of 1323.37 feet
to a point on the West line of the Platte Volley School Addition to the
Town of Kersey;
thence South 00'45'53" East, along the West line of said Platte Valley
School Addition a distance of 11.53 feet;
thence North 89'45'50" East along the North line of Platte Valley School
Addition, a distance of 2601.43 feet;
thence South 00'31'04" Eost, along the West right—of—way line of Weld
County Road number 55, a distance of 1190.70 feet to the Point of Beginning;
and containing 97.3771 acres, or 4,241,748 square feet.
NOTICE OF PUBLIC HEARING
NOTICE Is hereby given that on the 4th day of May, 1999, at
7 :00 p.m. at the Kersey Town Hall located at 332 3rd Street,
Kersey, Weld County, Colorado, the Board of Trustees will hold a
public hearing to consider the Petition for Annexation for certain
property located in the North 1/2 of Section 21, Township 5 North,
Range 64 West of the 6th P.M. , County of Weld, State of Colorado.
A Resolution fixing the foregoing hearing date accompanies
this Notice . The hearing shall be for the purpose of determining
and finding whether the area proposed to be annexed meets the
applicable requirements of C.R.S . 31-12-104 and C.R.S. 31-12-105
and Section 30 of Article II of the Colorado Constitution, to
determine eligibility and to determine if the area should be
annexed to the Town of Kersey.
A map of the area to be annexed, the Petition and accompanying
documents are on file with the Town Clerk and are available for
inspection during regular business hours .
TOWN OF KERSEY
G, f D U Y TO CLERK
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