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Home My WebLink About951094.tiffCCU: TI4. CLEW, Richard E. S • r Kristin Nordeck M. Renee Lier Alan D. Carlson Of Counsel The Law Offices of SAMSON & BROWN i 2: 03 A Professional Corporation 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 Left Hand Water District P.O. Box 210 Niwot, CO 80544 Tri-Area Ambulance District P.O. Box 708 Frederick, CO 80530 v-c2.t,C 515 Kimbark Street, Suite 105 P.O. Box 1079 Longmont, Colorado 80502 Telephone 303-776-1169 Facsimile 303-776-5444 May 18, 1995 Certified Mail No. Z 001 768 284 Certified Mail No. Z 001 768 285 Certified Mail No. Z 001 768 286 Certified Mail No. Z 001 768 287 Certified Mail No. Z 001 768 288 Certified Mail No. Z 001 768 289 Certified Mail No. Z 001 768 290 Certified Mail No. Z 001 768 291 Certified Mail No. Z 001 768 292 PL (1flc wct+--O�Lry� 951094 Road #18 Annexation May 18, 1995 Page 2 Frederick Area Fire Protection District P.O. Box 129 Frederick, CO 80530 Certified Mail No. Z 001 768 293 Carbon Valley Recreational District Certified Mail No. Z 001 768 294 555 8th P.O Box 119 Frederick, CO 80530 Weld Library District Certified Mail No. Z 001 768 295 2227 23rd Avenue Greeley, CO 80631 United Power Certified Mail No. Z 001 768 296 P.O. Box 929 Brighton, CO 80601 Town of Firestone Certified Mail No. Z 001 768 297 P.O. Box 100 Firestone, CO 80520 City of Dacono Certified Mail No. Z 001 768 309 P.O. Box 186 Dacono, CO 80514 Re: Road #18 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, 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, C s M. Renee Lier IvIRL:mde Enclosures 951094 RESOLUTION NO. 95-R-5 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 2?'' -day of n p c- I , 1995. A 11'EST: line K. Barnett, Town Clerk TOWN OF FREDERCK By (i�- Edward J. Taglieifte, M 951094 EXHIBIT A ROAD #18 ANNEXATION LEGAL DESCRIPTION A tract of land situate, lying and being in the County of Weld, in the State of Colorado, described as follows: A strip of land being Thirty feet (30') and Sixty feet (60') in width and consisting of the existing Right -of -Way (ROW) of Weld County Road (WCR) #18 located in the South Half (S 1/2) of Section Twenty-four (24), and the North Half (N1/2) of Section Twenty- five (25), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th PM), County of Weld, State of Colorado and being more particularly described as follows: Beginning at the Section Corner common to Sections 24/25-T.2N.- R.68W. and Sections 19/30-T.2N.-R67W. and assuming the South line of the Southeast Quarter (SE1/4) of said Section 24 to bear North 89'56'49" West with all other bearings contained herein relative thereto: #1: THENCE North 89'56'49" West along said South line a distance of 30.00 feet to the TRUE POINT OF BEGINNING: #2: THENCE continuing North 89'56'49" West along said South line a distance of 2612.03 feet to the Quarter Corner common to Sections 24/25-T.2N.-R68W.; #3: THENCE North 89'53'29" West along the South line of the Southwest Quarter (SWU4) of said Section 24, a distance of 671.11 feet; #4: THENCE North 00'06'31" East a distance of 30.00 feet; #5: THENCE North 8T53'29" West a distance of 1970.15 feet to a point on the West line of said SW1/4; #6: THENCE South 00'10'37" East along said West line a distance of 30.00 feet to the Section Corner common to Sections 23/24/25/26-T.2N.-R.68W.; 117: THENCE Southerly along the West line of the Northwest Quarter (NW1/4) of said Section 25, a distance of 30.00 feet 951094 #8: THENCE South 89'53'29" East a distance of 2641 feet, more or less L); #9: THENCE South 89'56'49" East a distance of 2611.78 feet; #10: THENCE North 00'33'45" East a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 4.975 Acres, more or less (±0, and is subject to any rights -of -way or other easements as granted or reserved by instruments of records or as now existing on said described parcel of land. 951094 ROAD #18 ANNEXATION PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO: County of Weld, Colorado, by and through the Board of County Commissioners of the County of Weld, the undersigned landowner, in accordance with Colorado law, hereby petitions 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 petitioner further states 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 C.R.S. Sections 31-12-104 and 31-12-105, as amended, 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 Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the Town of Frederick; c. The area proposed to be annexed is urban or will be urbanized in the near future; d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick; e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one (1) tract or parcel of real estate or two (2) or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or 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 (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 next preceding the annexation, has been included within 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; t 951094 h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district; i. 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 (3) miles in any direction from any point of the boundary of the Town of Frederick in any one (1) year; j. 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 be 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. 3. County of Weld, Colorado, by and through the Board of County Commissioners of the County of Weld, the owner of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, has signed this petition and hereby petitions for annexation of such territory. 4. Accompanying this petition are four (4) 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 of the area proposed to be annexed, said map prepared and containing the seal of a registered engineer, 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. 5. Petitioner reserves the right to withdraw this Petition for Annexation at any time prior to the adoption of the ordinance annexing the property to the Town of Frederick. 6. Upon the Annexation Ordinance becoming effective, all lands within the area proposed toons of the Town of be annexed will o become spropertecty tax of the Town of Frederick wo all ordinances, rules and hich shall become effective Frederick, except for general groperry as the January 1 next ensuing. 2 951094 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed_ COUNTY OF WFI 11, COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ATTEST: 01//1, GOARD Th Y CLE :K TO THE GUARD B Dale lE flall, Chairm Board of County Commissio County of Weld 3 rs of the 951094 AFFIDAVTT OF CIRCULATOR STATE OF COLORADO ) ) ss: COUNTY OF WELD ) Donald D. Warden, Clerk to the Board of County Commissioners for Weld County, Colorado, 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 ffian� , d s pages s including this page and that each signature heereeoon was by your signature of the person whose name it purports d D. Warde Circulator Subscribed and sworn to before me this day of Donald D. Warden. My commission expires: -s _94 1995 by 951094 Published In the Farmecond Miner May 10. 1995. NONCE OF PUBLIC HEARING Notice a hereby even tfsat ttsa Boas of trustees of the Town of Frederick wt - hold a Public Hearing commencing at 7:30 o'clock pm. June 22,1996. at Me Frederick Town Hall, 401 Locust. Frederick. Colorado 80530. The purpose of the Public Nearing wR be to determine whether a certain hoot of land for which as annexation petition has been tied meets the applicable rep W ementsa the statutes of the State of Colorado and Is eligible for anne xatbn to the Town a FredertL The legal desctlpibn ',attached hereto Os Exhibit A and Incorporated by reference herein. - Aflypersonndyappearat a Public Hearing and be head regarding the matters under consideration. Dated theist day of May. 1995. TOWN OF REp@1CR, COLORADO By: /5/ Jacqueline K Baran Town Clerk RESOLUTION NO. 95-4-6 WHEREAS, a petition for annexation of certain property ha been fled with the Board of Trustees of the Town of Frederick: and WHEREAS, Me Board Of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees Mines to peeryt the comdetatbn of the subject properly for anexotbn and for zoning, If requested in the petition: and WHEREAS. Use Board of Trustees has reviewed the petition and desires to adoptbyResolulbnnsrynrnngsn mama to the petlllon; NOW, THEREFORE, SE IT RESOLVED 8V THE BOARD OF TRUSTIES OF THE TOWN OF FREDERICK, COLORADO, as follows: 1. the petition, whose legal description Is attached hereto a Es suet A and incorporated by reference herein, bin substantial compliance with applicable laws of the State of Colorado. 2. NoereclbneregsedaderC.R.S. 531.12-107(2). 3. Noadatbnotemeard condition are to be Imposed except those provided tor in the petition. 4. The Board of Trustees we hold a public hearing rot the outpour of determining B the proposed annexation compiles win C.R.S. 131-12-104. ana with C.R.S. 431-12.106, and we hold a public hearing to determine the appropriate zoning of the subject properly If requested In the petition. at the Frederick Town Hal. Frederick. Colorado 80530. at the blowing tine and date: Thursday, June 22. 19915017:30 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 Nall set forth. by resolution. Its findings and conclusions wilt, reference to the elgblty of the proposed annexation. and whether the statutoryrequirements for the proposed annexation has been met. one further. we determine the appropriate zoning or the Subject properly If requested In the petition. 7. Rine Board of Tnsdees concludes. by resolution. that all statutory requirements have been met and that the proposed annexations are proper umdermerawsof theStaea Colorado. the Board of Trustees shag pass an ordinance annexing the subject property to the Town of Frederick. and shall pass an ordinance zoning the subject property it tequosea n trio petition. INTRODUCEb, READ, SIGNED AND APPROVED this 27th day of Apry, 199S. TOWN OF FREDERICK By /s/ Edward J. Tnglenie, Mayor ATTEST: /s/ JacquelIne K. Barrett. Town Clerk EXNtSfT A ROAD •1S ANNEXATION LEGAL DESCRIPTION A tract of land situate, lying and being in the County of Weld. in the Defeo! Colorado. described as tolows: A strip of land being Mkt,/ feet (30') and Sixty feet (60') n width and consisting of the existing Right -of. Way (ROW) of Weld County Road (W CR) /FI B located in the South Half (St /2) of Section Twenty -lour (24). and the North Hail (NI /2) of Section Twenty-five (25). cab Township Two North(1.2NJ.Rangesixty-ekjht West (11.68W.) of the Sixth Principal ' Meridian (6thP.M.),Countyof Web. ' State of Colorado and being mare particularly described a follows; Beginning at the Section Corner common to Sections 241254i.2N.- R.68W.. and Sections 19/30.T.2N.- R67W. and assuming the South line of the Southeast Quarter (SEl/4) of said Section 24 to bear North 89'56'49" Westwihalotherbearings contained herein relative thereto - IT: THENCE North 89'56'49" West along said South Me a distance of 30D0 feet to the TRUE POINT OF BEGINNING. •2: THENCE continuing North /39'56'49' Wed along said South De a distance of 26120.3 feet to the Quarter CornercommontoSecibns 24/25-12N.-R.68W.: •3: THENCE North 89.53'29' West along the South line Were Southwest Quarter (SW 1 /4)of said Section 24.a distance of 671.11 feet: #4. THENCE North 00'0631" East a distance of 30.0 feet: R. THENCE North 89'53'29" West a distance of 1970.15 feet to a point on the West Me of sold SW114: /4: 46: THENCE South 00'10'37" East along said West One a distance of 30.00 feel to me Section Corner common to Sections 23/24/25/26. 1.2N. 4168W.: •I.THENCE Southerly along the West Die of the Northwest Quarter (NW I / 4) of said Section 25. a distance or 30.00 feel: 4B' THENCE South 89'53'29" East a distance of 2641 feet. more or less (s). #9 THENCE South 89'56'49' East a distance of 2611.78 feet: • l0: THENCE North 00'3345" East a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Sold described parcel of land contains 4.975 Acres. mole of less @J. and a subject to any rightsor- way or other easements as granted or reserved by instruments of recorbs or os now existing on said described parcel of land. Published in the Farmer and Miner May 10.17. 24. 31. 1995. 951094 Hello