HomeMy WebLinkAbout951135.tiffOn' The lawOffices of
SAMSON & BROWN
,,,,,- ••.•r fli 9: 29 A Professional Corporation
c'
Richard E. Samson
Kristin Nordeck Brownl 'mils'--
M. Renee Lier
Alan D. Carlson
W Counsel
Clerk of the Weld County Board
of County Commissioners
P.O. Box 758
Greeley, CO 80632
Weld County Attorney
P.O. Box 1948
Greeley, CO 80632
St. Vrain Sanitation District
512 5th Avenue
Longmont, CO 80501
St. Vrain Valley School District
395 S. Pratt Parkway
Longmont, CO 80501
St. Vrain & Lefthand Water
Conservancy District
9595 Nelson Road
Longmont, CO 80501
Northern Colorado Water
Conservancy District
P.O. Box 679
Loveland, CO 80539
Central Weld County Water District
2235 2nd Avenue
Greeley, CO 80631
LeR Hand Water District
P.O. Box 210
Niwot, CO 80544
Tri-Area Ambulance District
P.O. Box 708
Frederick, CO 80530
4).7919
C$ iti /41
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
Telephone 303-776-1169
Facsimile 303-776-5444
May 19, 1995
Certified Mail No. Z 001 768 317
Certified Mail No. Z 001 768 318
Certified Mail No. Z 001768 319
Certified Mail No. Z 001 768 320
Certified Mail No. Z 001 768 321
Certified Mail No. Z 001 768 322
Certified Mail No. Z 001 768 323
Certified Mail No. Z 001 768 324
Certified Mail No. Z 001 768 325
(mil ,Co awneta)) pi_ 6-16n1 a-�9)
951135
Westervelt Annexation
May 19, 1995
Page 2
Frederick Area Fire Protection District
P.O. Box 129
Frederick, CO 80530
Carbon Valley Recreational District
555 8th
P.O Box 119
Frederick, CO 80530
Weld Library District
2227 23rd Avenue
Greeley, CO 80631
United Power
P.O. Box 929
Brighton, CO 80601
Town of Firestone
P.O. Box 100
Firestone, CO 80520
City of Dacono
P.O. Box 186
Dacono, CO 80514
Certified Mail No. Z 001 768 326
Certified Mail No. Z 001 768 327
Certified Mail No. Z 001 768 328
Certified Mail No. Z 001 768 329
Certified Mail No. Z 001 768 330
Certified Mail No. Z 001 768 331
Re: Westervelt Annexation to the Town of Frederick
To Whom It May Concern:
IN COMPLIANCE WITH THE PROVISIONS OF SECTION 31-12-108(2) C.R.S.,
please fmd enclosed a copy of the published Notice and the annexation map, together with copies
of the Resolution and Petition concerning the annexation to the Town of Frederick of territory
therein described. The provisions of annexation laws of the State of Colorado require that such
mailing be made to the Board of County Commissioners of the County, the County Attorney and
to each Special District or School District having territory within the area to be annexed.
Very truly yours,
M. Renee Lier
MRL:mde
Enclosures
951135
NO110E OF PUBLIC HEARING
Notice is hereby given Manna Board
of Trustees of tee Town of Frederick will
hold a Pubic Hearing commencing at
7:30 o'clock p.m., Thursday, June 22,
1995, at the Frederick Town Hal. 401
Locust. Frederick. Colorado 80530
The purpose of the Public Hearing
MI be to determine whether certain
properties for which an annexation
petition has been filed meets the
applicablerequirementsof thestatutes
of the Slate or C okxado and are e4Olble
for annexatbnto the Townof Frederick.
The legal descriptions for each parcel
are attached hereto as Exhibit A and
incorporated by reference herein.
Any person may appear a the Pubic
Hearing and be heard regarding the
matters under consideration.
Doted this lit day of May. 1995.
TOWN OF FREDERICK. COLORADO
By: Al Jacqueline K. Barnett
Town Clerk
RESOLUTION NO. 96-R-6
WHEREAS, a peRRon for annexation
of certain property has been fled with
the Board of Trustees of the Town of
Frederick: and -•
WHEREAS, the Board of trustees has
reviewed the petition: and
WHEREAS, the Board of Trustees
wishes to permit the consideration of
the subject propertyfor annexation and
for zoning, it requested In the petition;
and
WHEREAS, the Board of Trustees has
reviewed the petition and desires to Section 26; thence leaving said East
adopt byResoNlbnrysfkndmnjhregard Bank of the Gooding Hollow Ditch and
to the petitions - _ along said North Me dTlne SE I /4. N
NOW, THEREFORE. SEITRUOLVED ST 89'12' 16' E. 2305.75 feet to the Pant of
THE BOARD OF TRUSTEES OF THE TOWN Beginning, EXCEPTING THEREFROM a
OF FREDERICK, COLORADO, as follows; - tract of land conveyed by Deed
1. The petition, whose legal • recorded January 7.1988 In Book 1182 •
description is attached hereto osEWbe as Reception No. 2127245.
A and Incorporated by reference -
herein. hinsubstaniblcornpliancewith ParcelO: .. -
applicable laws of the State of Easement for a water ppelne30feefin
Colorado. " width over and across a tract of bndin
2 Noeleelbnkreabed underCF1 ... the South Ha of Section 26. T2N. R68 W
131-12-107(2). - - .;+'.ofthe61P.M.. Weld County, Colorado.
3. Noodallorgltemeandcond8bn s ;said easement being more paeticuloM
are to be imposed except those -;descrbed on instrument recorded July;
Provided for In the petition. z_ 727. 1988 on Fern 1203 as Reception No. ,
4. The Board of Trustees we hold a .2149524; AND Easement for an electric
public hearing for the purpose Of Tse 16 feet in width over and across a
deternuungEtheproposecanexabn _,- fiat of land In the Southwest 1/4 of
an complies wC.R.S. 131-12-104. and ''Section 25 TEN. R68W of the 6th P.M..
with C.R.S. 131-12-105. and will hold a - WeldCounty.Caiorado.aideaement
Public hearing to determine the being more pa iculorN described on
appropriate zoning of the subject Inshlnent recorded July 27. WEB on
property if requested In the petition. at Elm 1203 a Reception No. 2149525.
the Frederick Town Ha. Frederick.
Colorado 90530. at the following Erne Published In Me Farmer and Miner May
and date: _
Thuciay, Js a 22,19% 017:50 pm. - 10, 17.24. 31. 1995. —
5. Any person may appear at such
hearing and present evidence relative
to the proposed annexation or the
proposed zoning. - .
6. Upon completion of He hearino.
the Board of Trustees shall set set forth, by
resolution, Its findings and caof
re
with reference to thendwhether
eligibility the -
proposed annexation.OM the
statutoryon menhfartfurther.
annexation has been met, andzoning
we determine the appropriate zonin
of the subject properly it requested In
the petition.
7. if the Board of hunnesconcludes.
by resolution, that all statutory
requirements have been met and that
the proposed annexations are proper
under the taws of the State of colorado.Colorado.",
the Board of Trustees that pass pan an
ordinance annexing the subject..
property to the Town of Frederick, and
dial pass on ordinance zoning the
P
subject properly B requested In the
pot
ion
INTRODUCED, READ, SIGNED AND
APPROVED 0W 27th day of Apra, 1995
' TOWN OF FREDERICK
By /s/ Edward J. Togienh, Maya
ATTEST: Al Jacqueline K. Barnett, Town Clerk
- ITCHIER
WESTERVELT ANNEXATION
.. ,. LEGAL DESCRIPTION -.
Parcel l: -
Lol B Amended of Recorded Exemption
No. 1313-26.4-RE506. recorded Mby 3.
1985 in Book 7067 as Reception No. ,
2008233. being a part at the SE 1/4 of
Section 26. T2N, R68W of the 6th P.M..
Weld County. Colorado, EXCEPTING
THEREFROM Lot A of Recorded.
Exemption No. 1313-26d-RE506.
Parcels,
A tract of land located In the SE 1/4 a
Section 26. TEN. R6BW of the 6th P.M..
Weld County, Colorado. being more
particularly described as follows:
Beginning at the East 1/4 corner of
Section 26: then a along the East site a
said Section 26. S 00.15'40• W 1436.13
feet: thence along the North line of
Recorded Exemption No. 1313-26-4-
RE506. S 89'27'30' W. 2446.04 feet to a
point on the East Bank of the Gooding
Holow Ditch: thence along said East
Bonk of the Gooding Holow Ditch the
following courses N 71'59'27' W.86.43
feet; N 08'48'90' W. 019.26 feet; N
14'29'52" W. 137.29 feet N4.5'24'37' E
201.52 Net; N60'48'10' E.238.78 feel: N
16'47'41' E, 229.04 feet; N32'27'097 W.
97.09 feet: N 52'00'32' W. 71.10 feet to
a point on the North line of the SE 7/4 of
951135
RESOLUTION NO. 95-R-6
WHEREAS, a petition for annexation of certain property has been filed with the
Board of Trustees of the Town of Frederick; and
WHEREAS, the Board of Trustees has reviewed the petition; and
WHEREAS, the Board of Trustees wishes to permit the consideration of the subject
property for annexation and for zoning, if requested in the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt
by Resolution its findings in regard to the petitions;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FREDERICK, COLORADO, as follows:
1. The petition, whose legal description is attached hereto as Exhibit A and
incorporated by reference herein, is in substantial compliance with applicable laws of the
State of Colorado.
2. No election is required under C.R.S. §31-12-107(2).
3. No additional terms and conditions are to be imposed except those provided for
in the petition.
4. The Board of Trustees will hold a public hearing for the purpose of determining
if the proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-12-
105, and will hold a public hearing to determine the appropriate zoning of the subject
property if requested in the petition, at the Frederick Town Hall, Frederick, Colorado
80530, at the following time and date:
Thursday, June 22, 1995
at 7:30 p.m.
5. Any person may appear at such hearing and present evidence relative to the
proposed annexation or the proposed zoning.
6. Upon completion of the hearing, the Board of Trustees shall set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed
annexation, and whether the statutory requirements for the proposed annexation has been
met, and further, will determine the appropriate zoning of the subject property if requested
in the petition.
7. If the Board of Trustees concludes, by resolution, that all statutory requirements
have been met and that the proposed annexations are proper under the laws of the State of
Colorado, the Board of Trustees shall pass an ordinance annexing the subject property to
the Town of Frederick, and shall pass an ordinance zoning the subject property if requested
in the petition.
INTRODUCED, READ, SIGNED AND APROVED this /Q7"— day of
Apr l , 1995.
TOWN OF FREDERICK
ATTEST:
�ftc-ieifI9av ,.U2c--ifif cer
Ja'hgue�ine K. Barnett, Town Clerk
Edward J. Taglietitd, Ma
951135
EXHIBIT A
WESTERFELDT ANNEXATION
LEGAL DESCRIPTION
tion No. 1313-26-4-gE506, recorded Mayo=
Parcel I: being a part of the SE 1/ 19Lot B n Book
1067 6 Recorded tion Colorado, eXSEP1I4
NC
Section
on 26, 2N,as68W of Reception 6th 2008233, .,elCounty, col06.
THEREFROM Lot2A�of6Recorded eExE Exemption No. 1313 -26 -4 -
Parcel II: T2N, R68W of the E
4 of Section 26, described s P.A tract .,Weld of land County, Cold ad thb SE lmore particularly ibenca along
foil inColorado, beingthence
ale
4 corner of Section
26; eet;
the lss Beginning ofsa,dt the ct East 1/4feet;
East line hf line ned Section Recorded Exemption xemption4NO. 1313-26-4 Gooding
along 30" North .04 of cn the East Bankof ing the lGo Ditch t
8o`low Ditch; W, 2t thence
afeon to a point Bank of N 08`4 " l 619.26
Hollow following
thence along said 9'27" East 6.43 feet;0818' 90"W, N 6.268'1
fest; N ag 129'52" N137.29 feet; N 45`24`37" E,� feet; 97.09 48'
229.04 feet, N 32 27 09" feet;
feat; 14`2952" W,the SE 1�4Ditch a
5 O8' 2" feet; N 16147'41"etE,Hollow /4
said East Bank of the Gooding
feet oto t the
of
52`08'32" W, 71.10 feet to a oint on the North line of ed by Dee
Section id; thence neaofng 1/ N 89112'16"875 conveyed E, e Point said ginnh g, EXCEPf TINGe STHEREFROM a tract of land2convey•
recut of d Januaryn7, 1988 in Book 1182 as Reception No.
recorded January
parcel III:Eand across a tract
}30 feet in
nNwidth over e n 6th o s Weld
land ament the r a South Halfer pipeline GSWofthe 214952'
County, n atio, of eme t being , more particularlydescribed on
said easement Reception No.
instrument lcr, 27, 1988 on Film 1203 as Recer and across a
ANDEasement recorded felectric ey feet in width R68W of the 6th
tract
lfor anthe Swtinl of Section 26,mTT2N,pof particularly
P.M., ofWeld aCo County,
Southwest said 1/4 198i on ore em 1203 as rRlcepti
described
edn instrument nt, Colorado, deasement 988 being
described on recorded July 27,
No. 2149525.
351.135
WESTERVELT ANNEXATION
PETITION FOR ANNEXATION
TO; THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO:
We, the undersigned landowners, in accordance with Colorado law, hereby petition the Town
of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following
described unincorporated territory located in the County of Weld and State of Colorado, to wit:
See legal description in Exhibit A, attached hereto and incorporated herein by this reference.
As part of this petition, your petitioners further state to the Board of Trustees of Frederick,
Colorado, that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to
the Town of Frederick.
2. The requirements of sections 31-12-104 and 31-12-105, C.R.S., exist or have been
met in that:
a. Not less than one -sixth of the perimeter of the area proposed to be annexed
is contiguous with the Town of Frederick or will be contiguous with the Town
of Frederick within such time as required by section 31-12-104, C.R.S;
b. A community of interest exists between the area proposed to be annexed and
the Town of Frederick;
c. The are proposed to be annexed is integrated with or is capable of being
integrated with the Town of Frederick
d. The area proposed to be annexed is urban or will be urbanized in the near
future;
e. No land within the boundary of the territory proposed to be annexed which
is 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 been
divided into separate parts or parcels without the written consent of the
landowner of landowners thereof, unless such tracts or parcels were separated
by a dedicated street, road or other public way,
f. No land within the boundary of the area proposed to be annexed which is held
in identical ownership, comprises twenty 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 next preceding the annexation, has been included within
951135
J•
the area proposed to be annexed without the written consent of the landowner
• or landowners.
g•
No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
It The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the Town of Frederick more than three
miles in any direction from any point of the boundary of the Town of
Frederick in any one year.
Prior to completion of the annexation of the territory proposed to be annexed,
the Town of Frederick will have in place a plan for that area, which generally
describes the proposed; Location, character, and extent of streets, subways,
bridges, waterways, waterfronts, parkways, playgrounds, squares, parks,
aviation fields, other public ways, grounds, open spaces, public utilities, and
terminals for water, light, sanitation, transportation, and power to be provided
by the Town of Frederick; and the proposed land uses for the area; such plan
to be updated at least once annually,
k. In establishing the boundary of the territory proposed to he annexed, if a
portion of a platted street or alley is to be annexed, the entire width of the
street or alley has been included within the territory to be annexed. The
Town of Frederick will not deny reasonable access to any landowners, owners
of any easement, or the owners of any franchise adjoining any platted street
or alley which is to be annexed to the Town of Frederick but is not bounded
on both sides by the Town of Frederick,
7, The owners of more than fifty percent of the area proposed to be annexed, exclusive
of dedicated streets and alleys, have signed this petition and hereby petition for
annexation of such territory.
8. Accompanying this petition are four copies of an annexation map containing the
information following:
a. A written legal description of the boundaries of the area proposed to be
annexed;
b. A map showing the boundary or the area proposed to be annexed, said map
prepared and containing the seal of a licensed land surveyor.
>1135
c. Within the annexation boundary map, a showing 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;
d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the Town of Frederick and the contiguous boundary
of any other municipality abutting the area proposed to be annexed, and a
showing of the dimensions of such contiguous boundaries.
9. Upon the Annexation Ordinance becoming effective, all lands within the area
proposed to be annexed will become subject to all ordinances, rules regulations of
the Town of Frederick, except for general property taxes of the Town of Frederick
which shall become effective as the January 1 next ensuing.
10. The zoning classification requested for the area proposed to be annexed is PUD.
11. An Annexation Agreement will be executed by the petitioners herein and the Town
of Frederick relating to this annexation and the petitioners hereby expressly consent
to the terms and conditions set forth in that Annexation Agreement.
WHEREFORE, the following petitioners respectfully request that the Town of Frederick, acting
through its Board of Trustees, approve the annexation of the area proposed to be annexed:
Dated: 1/4 , 2 % —
%
ames T. Westervelt, Jr.
9536 I-25 Access Road East
Longmont, Colorado 80504
STATE OF COLORADO )
) ss.
COUNTY OF WELD
l°acar1- yl r-C/��. f:ee/
Carolyn S. Westervelt
9536 I-25 Access Road East
Longmont, Colorado 80504
The foregoing instrument was acknowledged before me thier
s% -MN day of April, 1995, by
James T. Westervelt, Jr. and Carolyn S. Westervelt,
Witness my hand and official seal.
Notary Public
951135
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF BOULDER
ss.
Douglas M. Grant, being first duly sworn upon oath, deposes and says that
he was the circulator of this Petition for Annexation of lands to the Town of Frederick,
Colorado, consisting of 4 pages including this page and that each signature hereon was
witnessed by your affiant and is the signature of the person whose name it purports to be.
M. Grant.
Circulator
Subscribed and sworn to before me this 27th day of April, 1995 by Douglas
My commission expires: /743 /n —
air tifikt
r; NOTARY
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potary Public
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Address
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Phone
951135
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