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Home My WebLink About982648.tiff • TOWN OF WINDSOR RESOLUTION NO. 1998 - 38 BEING A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND ESTABLISHING 1'a TOWN OF WINDSOR'S INTENT TO ANNEX CERTAIN REAL PROPERTY KNOWN AS THE WINDSHIRE PARK ANNEXATION AND A DETERMINATION OF SUBSTANTIAL COMPLIANCE WITH THE MUNICIPAL ANNEXATION ACT OF 1965. WHEREAS, a petition has been filed by Everitt Companies — Double )r & G Inc. to annex to the Town certain real property known as the Windshire Park Annexation, more particularly described within the petition which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, pursuant to the Municipal Annexation Act of 1965, the Town is required to establish a date, time, and place for a public hearing on said annexation; and WHEREAS, the Town is further required to determine that the petition for annexation is in substantial compliance with the Municipal Annexation Act of 1965. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. The petition for annexation has been signed by more than the 50 percent of the land owners in the proposed annexation, said land owners owning more than 50 percent of the land in the area to be annexed. 2. At least 1/6 of the boundaries of the proposed annexation are contiguous to the boundaries of the Town of Windsor, pursuant to Section 31-12-104(1)(a), Colorado Revised Statutes, as amended. 3. A community of interest exists between the area proposed to be annexed and the Town of Windsor. 4. Public hearings shall be held at 7:00 P.M. on September 16, 1998 and at 7:00 P.M. on September 28, 1998 at the Town Hall, 301 Walnut Street, Windsor, Colorado. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 10th day of August, 1998. TOWN OFFAWINDSOR, COLORADO By: v v (/`� „mot /914-A mayor ATTEST: ‘,OF wiNa Pk' nn ss SOS? ••... so * pg.41 > PL-1- '11-C P -r c r L,;fiA, CA c r1; SEAL d 982648 • EXHIBIT"A" LEGAL DESCRIPTION • A parcel of land being part of the Southeast Quarter (SEt/4) of Section Seven (7), and part of the Northeast Quarter (NE1/4) of Section Eighteen (18), all in Township Six North (T.6N.), Range Sixty—seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING of the Northeast Corner of said Section 18 and assuming the Eost line of said NE1/4 to bear South 00'23'10' East with all other bearings contained herein relative thereto: THENCE South 00'23'10' East along said East line o distance of 129.31 feet to the Southwesterly Right—Of-Way (ROW) line of the Burlington Northern Railroad (Formerly the Greeley Salt Lake and Pacific Railroad). Said point being the TRUE POINT OF BEGINNING: THENCE continuing along said ROW South 5099'06' East a distance of 39.20 feet; THENCE continuing South 0023'10' East along the East line of said NE1/4 o distance of 251462 feet to the Southeast Corner of said NE1/4; THENCE continuing along said line South 00'23'10' East a distance of 30.87 feet to the South • Right—of—way line of Country rood #68.5. • THENCE South 69'04'28" West along the South Right—of—way line of Country rood #68.5 0 distance of 2493.91 feet. THENCE North 00'09'36' West a distance of 30.00 feet to the Southwest Corner of said NE1/4; • THENCE North 00'09'36' West along the West line of said NE1/4 a distance of 2657.04 feet to the Northwest Corner of said NE1/4; THENCE North 00'39'33' West along the West line of the SE1/4 of said Section 7 a distance of 1984.88 feet to the Southwesterly ROW line of the aforesaid Burlington Northern Railroad; THENCE along said Southwesterly ROW line by the following Three courses and distances: THENCE South 50'19'06' East a distance of 3068.56 feet to the South line of said SE1/4; THENCE South 8922'40' West along said South line a distance of 38.65 feet; THENCE South 5099'06' East o distance of 199.91 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 206.086 Acres. more or less (±) and is subject to any rights—of—way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 301 WALNUT STREET TOWN OF WINDSOR WINDSOR, CO 80550 PLANNING & ZONING DEPARTMENT (970) 686-7476 FAX: (970) 686-7180 - IMPACT STATEMENT - WINDSHIRE PARK ANNEXATION AND MASTER PLAN The parcel of land involved in this annexation contains a total of 202.29 acres located: north of WCR 68.5 and west of WCR 15 more particularly described as part of the Sections 7 and 17, 18, Township 6 North, Range 67 west of the 6'h Prime Meridian, County of Weld, State of Colorado. • Water Service -Town of Windsor Water District - Infrastructure to be constructed by the developer at the developer's expense. • Sanitary Sewer Service — Town of Windsor Sanitation District - Infrastructure to be constructed by the developer at the developer's expense. Any septic systems requested and approved by the town will be constructed at the sole expense of the property owner(s) and reviewed, approved and inspected by the Weld County Health Department. • Drainage Facilities -Town of Windsor - Infrastructure to be constructed by the developer at the developer's expense. • Fire Protection - Windsor-Severance Fire Protection District. • Police Protection - Town of Windsor Police Department. • School District—Windsor School District (see School District Statement of Effect submitted by applicant) • A copy of the affected districts is attached. All development proposals will be required to comply with the zoning and subdivision ordinances of the Town of Windsor. JK David N. Karan Senior Planner Associate August 19, 1998 ANNEXATION LABEL SHEET SEND BY CERTIFIED MAIL: WINDSOR-SEVERANCE FIRE PROTECTION WFJ D CO COMMISSIONERS &ATTORNEY, WSFPD, DISTRICT WCSDRE-4, LIBRARY DIST., WGSCD, NCWCD, & 728 MAIN STREET NWCWD WINDSOR, CO 80550 WEST GREELEY SOIL CONSERVATION DISTRICT WELD COUNTY COMMISSIONERS 4302 W 9TH ST RD PO BOX 758 GREELEY, CO 80634 GREELEY, CO 80632 WATER VALLEY METROPOLITAN DISTRICT WELD CO SCHOOL DISTRICT RE-4 8200 EASTMAN PARK DRIVE 1020 MAIN ST WINDSOR, CO 80550 WINDSOR, CO 80550 WINDSOR-SEVERANCE LIBRARY DISTRICT 720 3R°ST WINDSOR, CO 80550 NORTH WELD COUNTY WATER DISTRICT 33247 HWY 85 LUCERNE, CO 80646 NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1250 N WILSON LOVELAND, CO 80537 WELD CO ATTORNEY PO BOX 758 GREELEY, CO 80632 WINDSHIRE PARK ANNEXATION SCHOOL DISTRICT STATEMENT OF EFFECT Discussions with Brian Lessman, Superintendent of the Windsor School District, have indicated an anticipated student increase due to the additional dwelling units proposed for the subdivision. Until a more specific count of lots and the type of housing being contemplated for the area is defined, it seems premature to estimate the number of students that might be generated by this annexation. The District anticipates the need for a new elementary school in the northwest area of Windsor sometime after the turn of the century. Presently, a school site has been identified as part of the Jacoby Annexation Master Plan, and it is anticipated that this location will be available when needed. Prior to the construction of a new school, there will be the need for bussing. Bus pick-up locations within the neighborhood should be considered as part of the design, preferably in locations which are in proximity to major roadways and/or parks. ANNEXATION PETITION We, the undersigned, being the landowner(s), of more than 50% of the territory, excluding public streets and alleys, described as (see attached legal description), containing 202.29 acres more or less, allege the following to be true and correct: The perimeter of the proposed annexation has a distance of 12,506.89 feet, of which 2,433.91 feet are contiguous to the existing TOWN limits of the TOWN OF WINDSOR. A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the TOWN OF WINDSOR. We further allege: 1. It is desirable and necessary that said territory be annexed to the TOWN OF WINDSOR 2. A community of interest exists between the said territory and the TOWN OF WINDSOR. 3. Said territory is urban or will be urbanized in the near future. 4. Said territory is integrated or capable of being integrated with the TOWN OF WINDSOR. 5. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. 6. No proceedings annexation of the territory have been commenced for annexation to another municipality. 7. The signers hereof comprise the landowners of more than 50% of the territory proposed to be annexed exclusive of streets and alleys, and are in fact owners of 100% of the hereinafter described property. Therefore, the undersigned hereby requests that the TOWN OF WINDSOR approve the annexation of the area described above and do herewith pay the required fees. In addition to the annexation, the undersigned request the zoning of PD-R for the above described property. Date Owners Signature Mailing Address • 9.4.4_17 5 /`)9Q — 1830 E. Geddes Circle South Martin Farms Joint Venture 7 ate.— Littleton, CO 80122 By: Elmira Martin Cudney—Trustee Hello