HomeMy WebLinkAbout991636.tiff D O N J . H O F F 1025 9TH AVENUE, SUITE 3O9 • GREELEY COLORADO 8O631
ATTORNEY AT LAW TELEPHONE 97O-356-6767 • TELECOPIER 97O-353-75O4
•
' _ -7 °• 16
July .,2,-.1999
Board of County Commissioners
915 10th Street
Greeley, CO 80631
RE : TOWN OF KERSEY/KOHLER ANNEXATION (2nd annexation)
Enclosed please find the following documents regarding
annexation cf certain property to the Town of Kersey:
1 . Petition for Annexation;
2 . Map showing present boundary of the Town of
Kersey and area proposed to be annexed;
3 . Resolution w/attached property description
an.d Notice of Public Hearing which are being
published in The Voice.
5 . No Annexation Impact Report is attached as this
annexation consists of less than 10 acres .
The hearing to adopt the Ordinance annexing the property is
scheduled for August 3 , 1999 at 7 : 00 p.m.
Sincerely,
/
Don J. Ho
Attorney for the
Town of Kersey
DJH:th
Enclosures
1/0/9
991636
PETITION FOR ANNEXATION
The undersigned are the owners of 100% of the property proposed to be annexed,
inclusive of streets and alleys, which property is described in Exhibit"A"-Parcel 1 and
Parcel 2, attached hereto and made a part hereof, hereby petition the Town of Kersey for
annexation of the property described in Exhibit"A" -Parcel 1 and Parcel 2, (the
"Property"), in accordance with the provisions of part 1 of article 12 of Title 31, C.R.S.
In support of this petition, petitioners state:
1. It is desirable and necessary that the Property be annexed to the Town of Kersey.
Annexation is desirable and necessary to be eligible to receive police services, water and
sewer service and street maintenance from the Town of Kersey.
2. The requirements of the applicable provisions of Section 31-12-104 and 31-12-105,
C.R.S. exist and have been met.
The proposed Property to be annexed meets the applicable provisions of Section 31-12-
104 relative to 1/6 of the perimeter of the area proposed to be annexed is contiguous with
town boundaries and there exists a community of interest.
3. Not less than one-sixth(1/6) of the perimeter of the Property is contiguous with the
Town of Kersey.
4. A community of interest exists between the Property and the Town of Kersey.
5. The Property is urban or will be urbanized in the near future.
6. The property is integrated with or capable of being integrated with the Town of
Kersey.
With the Property located where it is, once ;the annexation of the Property is completed,
sewer and water service is installed and police service is implemented, I believe the
Property will be substantially integrated with the Town of Kersey.
7. In establishing the boundaries of the Property, no land held in identical ownership has
been divided into separate parts or parcels without the written consent of the
landowner unless separated by a dedicated street, road or other public way.
8. No land held in identical ownership comprising twenty (20) acres or more which has
a valuation for assessment in excess of Two Hundred Thousand Dollars ($200,000)
for the preceding tax year has been included in the boundary of the Property without
written consent of the landowner.
Not applicable as all the land under this request is under the ownership of one landowner
nor is the value in excess of$200,000.
9. No annexation proceedings have been commenced for the annexation of all or part of
the Properly to another municipality.
This is one of iwo annexation proceeding for the Property. One being the
farm/development ground and 2n°the main residence.
10. Annexation of the Property will not result in the detachment of area from any school
district or attachment of area to another school district.
There will be no detachment of area from a school district or attachment of area to
another school district as a result of this proposed annexation.
11. Upon the effective date of the Annexation ordinance, all lands within the Property
shall become subject to all ordinances, resolutions, rules and regulations of the Town
of Kersey, except for general property taxes of the Town of Kersey, if any, which
shall become effective on January 1" of the next succeeding year following passage
of the Annexation ordinance.
12. Petitioners are owners of more than fifty percent (50%)of the territory included in the
area proposed to be annexed exclusive of streets and alleys, and comprise more than
fifty percent (50%) of the landowners of such area and are in fact, owners of one
hundred percent (100°/x)of the area proposed to be annexed exclusive streets and
alleys and said owner attesting to the facts and agreeing to the conditions herein will
negate the necessity of an annexation election.
Petitioners are owners of one hundred percent 000%) of the area proposed to e annexed
to the Town of Kersey.
13. Accompanying this petition, within 14 days, are four copies of an annexation map
showing the seal of a registered engineer or land surveyor, containing:
a. A written legal description of the boundaries of the Property proposed to be
annexed: Shown as Exhibit A
b. The boundary of the Property and the boundary of the Property contiguous
with the Town of Kersey and any other municipality abutting the Property;
Shown as Exhibit B
c. The location of each ownership tract of unplatted land there being no platted
land on the Property; as shown in Exhibit B
d. The total acreage, more or less, of the Property:
e. The total length of the perimeter of the boundary of the Property and the length
of the boundary of the Property
14. No part of the area proposed 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 take place.
15. The area proposed to be annexed is located within: Weld County, Platte Valley
School District and the Kersey Fire Protection District.
Yes, the area proposed to be annexed lies within the boundaries of all three
entities.
16. The mailing address of each signer, the legal description of the land owned by each
signer and the date of signing of each signature are all shown on this petition.
17. The territory to be annexed is not presently a part of any incorporated city, city and
county, or town.
The Property proposed to be annexed is not a part of any incorporated city, city and
county or town.
18. No vested rights to use or develop the Property in any particular way, as defined in
Section 24-68-101, et.seq., C.R>S>have been requested by Petitioners from any
governmental entity. Petitioners waive any vested land use rights attached to any or
all of the Property.
Easements for utilities need to be addressed.
19. The Property Owner shall pay all fees and costs incurred by the city in processing this
annexation petition through the annexation hearing before the Board of Trustees.
The Property Owner understands that all fees and cost associated with processing
this annexation petition through the annexation hearing before the Board of Trustees
will be borne by the Property Owner.
20. The petitioners acknowledge that upon annexation of the Property to the Town, the
Property, the owners thereof, and uses thereon will be subject to all taxes and fees
imposed by the Town.
The Property Owner acknowledges that upon annexation of the Property to the Town,
the Property, the owners thereof and uses thereon will be subject to all fees imposed
by the Town.
WHEREFORE, the undersigned petitioners request that the Town of Kersey approve the
annexation of the Property.
Dated: Lt � Qcx q
Property Owner: S1/11-
-4.1\n-KOcA
Mailing Address: p- C , an
�. t C X010'4`1
RESOLUTION 1999- 2034
A RESOLUTION FINDING THAT THE PETITION FOR
ANNEXATION OF CERTAIN PROPERTY OWNED BY SCOTT
KOHLER AND KAYE KOHLER AND KNOWN AS THE KOHLER
SECOND ADDITION IS IN SUBSTANTIAL COMPLIANCE
WITH THE REQUIREMENTS OF C.R.S. 31-12-107 (1)
AND SETTING A DATE FOR HEARING BEFORE THE
BOARD OF TRUSTEES OF THE TOWN OF KERSEY,
COLORADO TO CONSIDER THE PROPOSED ANNEXATION.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF KERSEY, COLORADO:
Section 1 . The Board of Trustees finds that the Petition for
Annexation of certain property owned by Scott Kohler and Kaye
Kohler and known as the Kohler second addition more specifically
described in Exhibit "A" attached hereto, is substantially in
compliance with C.R. S . 31-12-107 (c) and Section 30 of Article II of
the Colorado Constitution.
Section 2 . The property to be annexed is a parcel of
property located in the North 1/2 of Section 21, Township 5 North,
Range 64 West of the 6th P.M. , County of Weld, State of Colorado,
as more particularly described in the property description attached
hereto as Exhibit "A" and incorporated herein.
Section 3 . The Board of Trustees hereby establishes a
hearing date for the purpose of considering an Ordinance annexing
the property into the Town of Kersey and establishes such hearing
date as the 3rd day of August, 1999 at the hour of 7 :00 p.m. at the
Kersey Town Hall located at 332 3rd Street, Kersey, Colorado. Such
hearing is for the purpose of determining and finding whether the
area proposed to be annexed meets the applicable requirements of
C.R.S. 31-12-104 and 31-12-105 and to determine whether the area
should be annexed to the Town of Kersey.
Section 4 . This Resolution is hereby directed to be
published together with notice of the hearing herein established
and that such publication shall be once each week for five
successive weeks in The Voice, the designated newspaper of the Town
of Kersey, Colorado.
PASSED, ADOPTED AND APPROVED this 8th day of June, 1999.
TOWN OF KERSEY
ii BY: MkR di*
ATTEST:
D PUTY TO CLERK
PROPERTY DESCRIPTION - PARCEL 2
That certain parcel of land being a part of the North One—half of Section 21 ,
Township 5 North, Range 64 West of the Sixth Principal Meridian, Weld County,
Colorado, more particularly described as follows;
Considering the East line of the Northeast Quarter of said Section as bearing
North 00'31'03" West, as monumented by number six rebar with 2- 1 /2" aluminum
seals stamped LS 9644 at the Northeast corner and the East Quarter corner of
said Section 21, with all bearings contained herein relative thereto:
Commencing at the East Quarter corner of said Section 21, thence South 89'49'07"
West along the South line of the North one—half said Section 21 a distance
of 3955.63 feet, to the Southwest corner of the Southeast Quarter of the Northwest
Quarter of said Section 21;
thence North 00'29'04" West along the West line of the Southeast Quarter of the
Northwest Quarter of said Section 21 a distance of 230.89 feet to a point on the
North line of that certain parcel of land as described in a deed recorded in book
1095 at page 292 of Weld County records, said point being the POINT of BEGINNING;
thence North 8910'32" East, along the North line of said parcel described
in book 1095 at page 292, a distance of 612.31 feet;
thence departing said North line, North 00'49'28" West, a distance of 615.11 feet;
thence South 89'30'56" West, a distance of 608.65 feet to a point on the
West line of the Southeast Quarter of the Northwest Quarter of said Section 21 ,
said West line also being the East line of the original town of ORR (Kersey);
thence South 00'29'04" East, along said West line, a distance of 598.73 feet
to the Point of Beginning;
and containing 8.6458 acres, or 376,612 square feet.
NOTICE OF PUBLIC HEARING
NOTICE is hereby given that on the 3rd day of August, 1999, at
7:00 p.m. at the Kersey Town Hall located at 332 3rd Street,
Kersey, Weld County, Colorado, the Board of Trustees will hold a
public hearing to consider the Petition for Annexation of certain
property located in the North 1/2 of Section 21, Township 5 North,
Range 64 West: of the 6th P.M. , County of Weld, State of Colorado.
The Resolution and specific property description fixing the
foregoing hearing date accompanies this Notice . The hearing shall
be for the purpose of determining and finding whether the area
proposed to be annexed meets the applicable requirements of C.R.S .
31-12-104 and C.R.S. 31-12-105 and Section 30 of Article II of the
Colorado Constitution, to determine eligibility and to determine if
the area should be annexed to the Town of Kersey.
A map of the area to be annexed, the Petition and accompanying
documents are on file with the Town Clerk and are available for
inspection daring regular business hours .
TOWN OF KERSEY
itAi • 0 L c49
D PUT/TOWN CLERK
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