HomeMy WebLinkAbout952497.tiffClip of fort lupton
P.O. BOX 148
130 S. McKINLEY AVENUE
FT. LUPTON, CO 80621
PURE ROCKY MOUNTAIN WATER IN '96
THE "PROUD TO BE" CITY
LA CIUDAD "ORGULLOSA DE SER"
HOKORI NO MACHI
November 16, 1995
Clerk of the Board of County Commissioners
P.O. Box 758
Greeley, Colorado 80632
To whom it may concern:
COUNTY OF WELD
(303) 857-6694
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This letter is to inform you that the City of Fort Lupton has established a date for a Public
Hearing to discuss an annexation petition. The Public Hearing will be a joint hearing of the
Planning Commission and the City Council. This hearing will be held at 130 So. McKinley, Fort
Lupton, Colorado, in the City Council Chambers. The hearing will begin at 7:00 P.M., on
December 19, 1995.
Attached is a copy of the Annexation Petition and the City Council Resolution establishing the
Date of the Hearing. The Annexation impact report will be mailed to you separately. If you have
any questions please contact me at 346-0326.
Sincerely,
Gerald A. Pineau
City Administrator
cc: County Attorney
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RESOLUTION NO. 95-061
A RESOLUTION ESTABLISHING DECEMBER 19, 1995 AS THE DATE FOR A JOINT
PUBLIC HEARLNG BEFORE THE PLANNING COMMISSION AND CITY COUNCIL
REGARDING THE CITY OF FORT LUPTON/PAYNE EIGHTY ACRES ANNEXATION.
WHEREAS, the City of Fort Lupton and Rocky and Carolyn Payne have submitted an
application for Annexation and zoning of property located in Fort Lupton, Colorado, legally
known as:
THE SOUTH HALF OF TI-IE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP I NORTH, RANGE
66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING
ADDITIONALLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE NORTH 00 DEGREES
06 FEET DO INCHES WEST ALONG THE WESTERLY LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER A DISTANCE OF 1326.67 FEET; THENCE NORTI-I 89 DEGREES 15 FEET
41 INCHES EAST ALONG THE NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTHWEST
QUARTER A DISTANCE OF 2649.53 FEET; THENCE SOUTH 00 DEGREES I 1 FEET 54 INCHES
EAST ALONG THE EASTERLY LINE OF SAID SOUTH HALF OF THE SOUTI-IWES'I' QUARTER A
DISTANCE OF 1325.39 FEET; THENCE SOUTH 89 DEGREES 14 FEET 03 INCHES WEST ALONG
THE SOUTHERLY LINE OF SAID SOUTH 1-IALF OF THE SOUTHWEST QUARTER A DISTANCE OF
2651.82 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City of Fort Lupton and Rocky and Carolyn Payne have requested that
the property be zoned A -(Agricultural), and;
WHEREAS, the Zoning and Annexation Regulations for the City of Fort Lupton,
Colorado require a Public Hearing for an Annexation and Zoning request and a City Council
Resolution establishing said hearing.
NOW THEREFORE, be it resolved by the City Council of the City of Fort Lupton,
Colorado as follows:
That a joint public hearing before the Planning Commission and the City Council at the
City Council Chambers, 130 South McKinley, Fort Lupton, Colorado, regarding the City of Fort
Lupton/Payne Eighty Acres Annexation is established on the date and time as follows:
DATE: December 19, 1995.
TIME: 7:00 P.M.
APPROVED AND PASSED BY A VOTE OF THE CITY COUNCIL, this 15th day of
November, 1995.
CITY OF FORT LUPTON
BY 73/
Dick Wolfe, Mayor
Approved as to form: Attest:
T. William Wallace, City Attorney Barbara Rodgers, City Clerk
PETITION FOR ANNEXATION
TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City
of Fort Lupton and its City Council for annexation to the City of Fort Lupton of the
unincorporated territory, the legal description of which is attached hereto as Exhibit A and
incorporated herein by this reference, located in the County of Weld and the State of
Colorado, and to be known as the City of Fort Lupton/Payne Eighty Acres Annexation to
the City of Fort Lupton.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be
annexed to the City of Fort Lupton.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended,
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 City of Fort Lupton or will be
contiguous with the City of Fort Lupton within such time as required
by Section 31-12-104.
b. A community of interest exists between the area proposed to be
annexed and the City of Fort Lupton.
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 City of Fort Lupton.
e. No land within the boundary of the area 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 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, whether consisting of one tract
or parcel of real estate or two or more contiguous tracts or parcels of
real estate, comprises twenty acres or more, and, 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 area proposed to be annexed for the annexation of such area to
another municipality. The area proposed to be annexed is not part of
any incorporated city, city and county, or town.
h. 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 Fort Lupton was held within the twelve
months preceding the filing of this petition.
The annexation of the area proposed to be annexed will not result in
the detachment of said area from any school district.
j. The annexation of the territory proposed to be annexed will not have
the effect of extending the boundary of the City of Fort Lupton more
than three miles in any direction from any point of the boundary of the
City of Fort Lupton in any one year.
k. The territory to be annexed is approximately 80.656 acres in total
area.
1. Prior to completion of the annexation of the area proposed to be
annexed, a plan will be in place, pursuant to Section 31-12-105 (1)
(e), C.R.S., 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 City of Fort Lupton, and the proposed land uses for the area.
m. In establishing the boundary of the area 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 area annexed, and
reasonable access will not be denied to any landowners, owners of any
easement, or the owners of any franchise adjoining any platted street
or alley which is to be annexed but is not bounded on both sides by
the City of Fort Lupton.
n. If required, an impact report will be prepared and filed pursuant to
Section 31-12-108.5, C.R.S..
3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the
landowners and own more than fifty percent (50%) of the property, excluding pubic
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.
4. Upon the annexation ordinance becoming effective, all lands within the area
proposed to be annexed will become subject to all ordinances, resolutions, rules, and
regulations of the City of Fort Lupton, except for general property taxes of the City
of Fort Lupton, which shall become effective as of the January 1 next ensuing.
5. The zoning classification requested for the area proposed to be annexed is
Agricultural.
6. As required by the City of Fort Lupton, an annexation agreement has been or will be
executed by the petitioners herein and the City relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the
annexation agreement.
7. As an expressed condition of annexation, landowner(s) consent(s) to petition for
inclusion into the Northern Colorado Water Conservancy District and the municipal
subdistrict pursuant to Section 37-45-135 (3.6) C.R.S. to pay the appropriate fees and
costs associated with such inclusion. Landowner(s) acknowledge(s) that, upon
inclusion into the district and subdistrict, landowner's(s) property will be subject to
the same mill 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
landowner's(s) lands. Landowner(s) agree(s) to waive any right to an 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. Landowner(s) also agree(s) to waive,
upon inclusion, any right which may exist to a refund pursuant to Article X, Section
20, of the Colorado Constitution.
8. The non-refundable annexation application fee of $300.00 has been waived for this
specific petition.
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort
Lupton, to annex the territory described and referred to in Exhibit A to the City of Fort
Lupton in accordance with and pursuant to the statutes of the State of Colorado.
Land Owner(s) Name(s) and Sienature(s) Mailing Address Date of Signing
William O. Payne
/S/
Carolyn F. Payne
iS/
Gerald A. Pineau, City Administrator
The foregoing signature(s) was/were subscribed and sworn to before me this day of
19 ,by
Witness my hand and official seal.
My commission expires on
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP
1 NORTH, RANGE E 66 .WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO, BEING ADDITIONALLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE
NORTH 00 DEGREES 06 FEET 00 INCHES WEST ALONG THE WESTERLY LINE OF
SAID SOUTH HALF OF THE SOUTHWEST QUARTER A DISTANCE OF 1326.67
FEET; THENCE NORTH 89 DEGREES 15 FEET 41 INCHES EAST ALONG THE
NORTHERLY LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER A
DISTANCE OF 26;9.53 FEET; THENCE SOUTH 00 DEGREES 11 FEET 54 INCHES
EAST ALONG THE EASTERLY LINE OF SAID SOUTH HALF OF THE SOUTHWEST
QUARTER A DISTANCE OF 1325.39 FEET; THENCE SOUTH 89 DEGREES 14 FEET
03 INCHES WEST ALONG THE SOUTHERLY LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER A DISTANCE OF 2651.82 FEET TO THE POINT OF
BEGINNING.
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