HomeMy WebLinkAbout971664.tiffDATE:
TO:
FROM:
SUBJECT:
J
June 12, 1997
Weld County Commissioners
Weld County Attorney's Office
Weld County School District RE -4
Windsor -Severance Library District
Northern Colorado Water Conservancy District
Aims Community College
West Greeley Soil Conservation District
Milliken Fire Protection District
Milliken Fire Bond
Betsy D. Holder, Greeley City Clerk
Boomerang Ranch Third Annexation
O1 ,r_
The City of Greeley City Council received a petition for annexation of property
located generally west of 77th Avenue, east of 83rd Avenue and approximately one-
third mile south of 10th Street, and known as the Boomerang Ranch Third 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 July 15,
1997.
A copy of the notice of public hearing, a copy of the resolution which sets the
public hearing, and a copy of the petition as filed are attached. As indicated in the
notice and resolution, the public hearing will be held:
July 15, 1997
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
Clerk's Office at 350-9742.
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971664
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 "BOOMERANG
RANCH THIRD" annexation and is located generally west of 77th
Avenue, east of 83rd Avenue and approximately one-third mile south
of 10th Street. The hearing shall be held on July 15, 1997, 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 4th day of June, 1997.
Betsy D. Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 28 , 1997
CASE NO. A 6:97
A RESOLUTION FOR THE BOOMERANG RANCH THIRD ANNEXATION
PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE
ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF
AN ANNEXATION
WHEREAS, Jess Rodriguez and Dan Gallagher have submitted an annexation
petition to the City of Greeley for annexation of property located West of 77th Avenue
and East of 83rd Avenue, and approximately one-third mile South of 10th Street, 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 July 15, 1997, 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 3rd day of
June, 1997.
ATTEST:
CITY OF GREELEY:
Sn
PETITION FOR ANNEXATION
Boomerang Ranch Third 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 described herein
and described and shown on the map designated, "Boomerang Ranch Third
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,
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 nrcperty owned by each pet&tioner is described on each separate signature
r --r- .,
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, i'enrdfication 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 owners) 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) acknowledge(s) that,
upon inclusion into the district and gadvtietrict, land ownier's(s') property will be
subject to the same milli 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(:') lands. Land owner(s) agree(s) to waive any, right
to as 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, 3oc&,u 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.
Mailing Address
2919 W. 17th, Ste 104
Longmont CO 80503
2919 W. 17th, Ste 104
Longmont CO 80503 x 56 /97
Date of Sigma
X EA 47
The fottegoing signature(s1 was/were psubscribed and sworn to before me this s'`� day of
11 az� , 1994, by �1 /tea � /C�kw
Witness my land and official seal. tat e x32 .
o4
My commission expires
7-6 99
Land Owned
A parcel of land located in the NW 1/4 Section 8, Township 5 North, Range 66 West of
the 6th P.M., City of Greeley, County of Weld, State of Colorado, more particularly
described on the following sheets,
If necessary, attach separate sheet.
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF WELD
) ss.
giti-6 A- Fes' 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.
The foregoing Affidavit was subsc' #bed
ay, , 192, by 7f/225.
Witness my hand and official seal.
My commission expires -//r1/4o
day of
LEGAL DESCRIPTION
BOOMERANG RANCH THIRD ANNEXATION
TRACTS OF LAND LOCATED IN SECTION 8 OF TOWNSHIP 5 NORTH, RANGE 66 WEST OF
THE 6TH P. M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
TRACT k
BEGINNING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 66
WEST, AND CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 8 TO
BEAR NORTH 00 00'00" EAST, AS DETERMINED BY MONUMENTS AT THE NORTHWEST
CORNER AND THE WEST QUARTER CORNER OF SAID SECTION 8, WITH ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE SOUTH 00 00'00" WEST, 2274.24 FEET;
THENCE SOUTH 90 00'00" EAST 265.00 FEET TO THE TRUE POINT OF BEGINNING;
COMMENCING AT THE TRUE POINT OF BEGINNING SOUTH 00 00'00" WEST, 50.31 FEET;
THENCE NORTH 45 28'47" EAST, 877.98 FEET;
THENCE SOUTH 80 02'38" EAST, 686.84 FEET;
THENCE SOUTH 50 54'27" EAST, 382.67 FEET;
THENCE NORTH 58 57'04" EAST, 462.22 FEET;
THENCE SOUTH 90 00'00" EAST, 30.44 FEET;
THENCE NORTH 01 23'50" WEST, 15.06 FEET;
THENCE SOUTH 89 59'36" WEST, 30.00 FEET;
THENCE SOUTH 58 51'42" WEST, 462.66 FEET;
THENCE NORTH 51 08'48" WEST, 381.37 FEET;
THENCE NORTH 80 18'40" WEST, 441.78 FEET;
THENCE NORTH 63 50'09" WEST, 1.87 FEET;
THENCE NORTH 80 18'40" WEST, 242.88 FEET;
THENCE SOUTH 59 25'37" WEST, 253.59 FEET;
THENCE SOUTH 40 1630" WEST, 497.52 FEET;
THENCE SOUTH 52 2606" WEST, 108.54 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 1.21 ACRES MORE OR LESS, AND IS SUBJECT TO ANY
EASEMENTS OR RIGHTS -OF -WAY AS GRANTED OR RESERVED BY INSTRUMENTS OF
RECORD, OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND.
TRACT B:
BEGINNING AT THE NORTHWEST CORNER OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 66
WEST, AND CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 8 TO
BEAR NORTH 00 00'00" EAST, AS DETERMINED BY MONUMENTS AT THE NORTHWEST
CORNER AND THE WEST QUARTER CORNER OF SAID SECTION 8, WITH ALL OTHER
BEARINGS RELATIVE THERETO;
THENCE SOUTH 89 45'30" EAST, 2651.68 FEET TO THE NORTH QUARTER CORNER OF SAID
SECTION 8;
THENCE SOUTH 00 16'31" WEST, 2359.97 FEET TO THE TRUE POINT OF BEGINNING;
COMMENCING AT THE TRUE POINT OF BEGINNING NORTH 16 53'48" WEST, 72.00 FEET;
THENCE NORTH 05 3025" E A ST 37.36 FEET;
THENCE NORTH 78 52'04" WEST, 23.44 FEET;
THENCE NORTH 15 55'44" WEST, 65.11 FEET;
THENCE NORTH 81 00'44" WET, 35.36 FEET;
THENCE NORTH 09 53'04" EAST, 102.10 FEET;
THENCE NORTH 01 40'43" WEST, 73.25 FEET;
THENCE NORTH 28 46'28" WEST, 90.50 FEET;
THENCE SOUTH 78 14'49" WEST, 26.62 FEET;
THENCE NORTH 50 58'31" WEST, 158.45 FEET;
THENCE NORTH 83 35'04" WEST, 80.00 FEET;
THENCE SOUTH 00 00'00" WEST 15.36 FEET;
THENCE SOUTH 59 12'41" EAST, 252.60 FEET;
THENCE SOUTH 03 10'09" EAST, 298.46 FEET;
THENCE SOUTH 34 49'46" EAST, 202.17 FEET;
THENCE NORTH 00 16'31" EAST. 73.53 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINING 0.77 ACRES MORE OR LESS, AND IS SUBJECT TO ANY
EASEMENTS OR RIGHTS -OF -WAY AS GRANTED OR RESERVED BY INSTRUMENTS OF
RECORD, OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND.
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 S— C :-97
1. Name of Annexation Boomerang Ranch Third Annexation
2. Name of Property Daniel.Patrick ardtck Gallagher Jr.
Owner(s) Jess Richard Rodriquez, ir.
Street or Road Addresses of All Properties to be Annexed (Attach separate sheet
if necessary):
83rd Avenue and 10th Street
3. Person to Contact (Name, Address and Phone) Daniel Gallagher
2919 W. 17th, Ste 104, Longmont CO 80503 303/651-3900
4. Size (in acres) Tract A = 1.21 acres Tract B = 0.77 acres Total = 1.98 acres
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: Ex] 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 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.
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