HomeMy WebLinkAbout991505.tiff t'/EL 2 OnlitiTY
City of
Greeley 1299 '"! 27 LM 8: 29
CLERK
January 26, 1999 TO THE EC:'.f,D
TO: Weld County Commissioners
Weld County Attorney's Office
Weld County School District RE-4
Windsor-Severance Fire District
West Greeley Soil Conservation District
Aims Community College
Northern Colorado Water Conservancy District
Windsor-Severance Library District
FROM: Cheryl Aragon, Greeley Deputy City Clerk 4�nn
V�.
SUBJECT: Tri-Pointe First Annexation
The Greeley City Council received a petition for annexation of property located generally
south of U.S. Highway 34, known as the Tri-Pointe First Annexation.
Your taxing district/jurisdiction is listed as being one of which the territory proposed for
annexation is a part. A public hearing will be held on Tuesday, March 2, 1999, to
determine whether this property is eligible for annexation.
A copy of the notice of public hearing, a copy of the resolution which sets the public
hearing, and a copy of the petition(s) as filed are attached. As indicated in the notice and
resolution, the public hearing will be held:
March 2, 1999
7:30 p.m.
City Council Chambers
Public Safety Building
919 Seventh Street
Greeley, Colorado
If additional information is desired or if you have questions, please call the City Clerk's
Office at 350-9743.
9111
11
t�.� SERVING OUR COMMUNITY • I T ' S A TRADITION
ape promise to preserve and improve lie 9ually of life for Yreeley grou7S timely, courteous ono(cost
�°(1." /9,f i (Ai LIrn �U / /.r_, 991505
NOTICE
Notice is hereby given that the City Council of Greeley,
Colorado, will hold a public hearing on a proposed
annexation of territory to the City of Greeley. This territory
is described in an annexation petition which has been filed
with the City Clerk as the "Tri-Pointe First" Annexation and
is located generally south of U.S. Highway 34 Business
Route. The hearing shall be held on March 02, 1999, in the
City Council Chambers at the Public Safety Building, 919
Seventh Street, in the City of Greeley, Colorado, beginning
at 7:30 p.m. or as soon thereafter as the matter can be
heard by the City Council on that date. The purpose of the
hearing is to determine whether said property is eligible for
annexation under Colorado law. Persons wishing to
examine the annexation petition may do so at the office of
the City Clerk during business hours.
Dated this 19`h day of January, 1999.
Betsy D. Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 3, 1999
CASE NO. A 17:98
A RESOLUTION FOR THE TRI-POINTE FIRST ANNEXATION PETITION FINDING
SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A
HEARING FOR CONSIDERATION OF AN ANNEXATION
WHEREAS, Richard J. Demmitt, Craig Harrison, and Gateway Farms have
submitted an annexation petition to the City of Greeley for annexation of property
located generally south of U.S. Highway 34 Business and one-half mile east of State
Highway 257 in the City of Greeley; and
WHEREAS, The City of Greeley staff has found substantial compliance of the
annexation petition in conformance with C.R.S., § 31-12-101 , et seq.; and
WHEREAS, C.R.S., § 31-12-108 requires that the City Council establish a date,
time, and place to hold a hearing to determine if the proposed annexation complies
with §§31-12-104 and 31-12-105, or such parts thereof, to establish eligibility for
annexation to the City of Greeley; and
WHEREAS, the City Clerk shall deliver notice and publish the date, time, and
place for said hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO.
1 . The annexation petition is found to comply with C.R.S., §§ 31-12-104
and 31-12-105.
2. The public hearing for consideration of the proposed annexation petition
is hereby set for March 2, 1999, at the Greeley City Council Chambers, 919 7th
Street, Greeley Colorado, during a regular City Council meeting beginning at 7:30 p.m.
3. The City Clerk is hereby authorized to publish and notify required parties
pursuant to C.R.S., § 31-12-108(21.
4. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED, this 19th day of
January , 1999.
ATTEST: CITY OF GREELEY:
Cdev
City rk ayor
FROM: CITY OF GREELEY FAX NO. : 9703509800 12-04-98 03 :47P P . 13
CITY OF GREELEY ANNEXATION INFORMATION SHEET
The following information is required to process the annexation of land into the City of
Greeley. This sheet must be attached to a completed annexation petition.
TO BE COMPLETED BY APPLICANT Date DecerNaaR l o, 1998
1. Name of Annexation TRI-POINre FIRST ANN Ex ATI ON
2. Name of Property Owner(s) RItsRRD . DEMM17T, CRAIG D.NARR15'.oN I aAri<WAy FARMS
Street or Road Addresses of All Properties to be Annexed (Attach separate sheet
if necessary):
/ O4`ta V-) 10 Gnectt1 / Co
3. Person to Contact (Name, Address and Phone) CPA IG D. 14-Ate isonr, 760 KN marls
Way,Swam A-20o , FoQr Cou iMs, CO aoSZ Tel. 970 -22:40-400
4. Size (in ,acres) 6. 13 ActrS
Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an
annexation impact report. The annexing body and the County Commissioners may
agree to waive such report, but a letter to that effect must accompany this petition.
Check One: [ ] Land Owner-Initiated
[ ] Municipally Owned (C.R.S. 31-12-106)
[ ] Enclave (C.R.S. 31-12-106)
5. Attach a list of all special districts (including school districts) of which the territory
proposed for annexation is part. see 4 ached shee4 — Exhlblt "6"
6. Attach a list of all residents (and their addresses) of the territory proposed for
annexation who are not land owners. N/A
7. Attach a description of the intended use and development of the territory proposed
for annexation. Such a description should be as complete as possible and include:
see a tfaojed sheet — Ex hl b It C "
• The location of existing streets and utility lines.
• Existing and proposed land use patterns and existing zoning.
■ Size of commercial or industrial facilities.
IN Estimated number of school students generated.
■ Number of dwelling units.
FROM: CITY OF GREELEY FRK NO. : 9703509800 12-04-98 03:46P P.09
PETITION FOR ANNEXATION
T R 1 - PourTE Rust- ANNEXATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO:
The undersigned, in accordanrr with Title 31, Article 12, Chapters 101 et. seq.,
Colorado Revised Statutes, 1973, as amended, hereby petition the City Council of the
City of Greeley for annexation to the City of Greeley of the territory described herein
and described and shown on the map designated, ' Tie: -PoihrE F:tasr
Annexation." Four (4) copies of said map are submitted herewith and by this reference
are incorporated herein. The description of the territory hereby petitioned fbr annexation
to the City of Greeley is set forth in Frhibit A attached hereto and incorporated herein
by reference.
In support of this petition, the Petitioner(s) allege(s) that:
1. It is desirable and necesnry that the above-described territory be annexed to the
City of Greeley.
2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised
Statutes 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 City of Greeley.
•
B. A community of interest exists between the territory proposed to be annexed
and the City of Greeley.
C. The territory sought to be annexed is urban or will be urbanized in the near
future.
D. The territory sought to be annexed is integrated or is capable of being .
integrated with the City of Greeley.
3. In establishing the boundaries of the territory proposed to be annexed, no land
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/have been divided
into separate parts or parcels of real estate without the written consent of the land
owner or land owners thereof, except and unless where such tracts or parcels are
already separated by a dedicated street, road, or other public way.
4. In establishing the boundaries of the territory proposed to be annexed, no land
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 comprising twenty (20)
acres or more which, together with the buildings and improvements situated thereon
have an assessed valuation in excess of $200,000 for ad valorem tax purposes for
the year next preceding the filing of the written petition for annexation,
FROM:. CITY OF GREELEY FAX No. t 9703509800 12-04-98 03 :46P P . 10
has/have been included within the territory proposed to be annexed without the
written consent of the land owner or land owners.
5. 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
Greeley was held within the twelve months preceding the filing of this petition.
6. The territory proposed to be annexed does not include any area included in another
annexation proceeding involving a city other than the City of Greeley.
7. The territory proposed to be annexed is not presently a part of any incorporated
city, city and county, or town.
8. The property owned by each petitioner is described on each separate signature
sheet and, when needed, described more fully in the exhibits attached hereto and
incorporated herein by reference.
9. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the land
owners and owning more than fifty percent(50%) of the property, excluding public
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.
Accompanying this petition are the original and four copies of an annexation plat
map containing the following information:
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.
C. Within the annexation boundary map, an identification 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. Also within
the boundary map, identification of any special districts the area proposed to
be annexed may be part of.
D. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary
of any other municipality abutting the area proposed to be annexed.
E. A surveyor's certificate prepared by a registered land surveyor that attests
to the preparation of the map and certifies at least one-sixth (1/6) contiguity •
to the City of Greeley.
F. Acceptance block describing the acceptance action of the City of Greeley and
providing for the effective date and City Clerk and Mayor attest signatures.
G. Notary public signature block, attesting to the authority of the Mayor to
execute acceptance of the annexation.
FROM: CITY OF GREELEY FAX NO. : 9703509800 12-04-98 03 :47P P . 11
10. Except as otherwise provided, no part of the territory sought 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 become effective.
11. As an expressed condition of annexation, land owners) consent(s) to inclusion into
the Northern Colorado Water Conservancy District and the municipal subdistrict
pursuant to Section 37-45-136 (3.6) C.R.S. Land owner(s) acknowiledge(s) that,
upon inclusion into the district and subdistrict, land owner'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 land owner's(s') lands. Land owner(s) agrees) to waive any right
to an elect ion 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. Land owner(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.
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of
Greeley, to annex the territory described and referred to in Exhibit A to the City of
Greeley in accordance with and pursuant to the statutes of the State of Colorado.
Land Owners) Names) and Signatures) Mailing Address pate of Signing
R l rvh:17•
CRA1 HARR tSaN ?6v (Nirlav eas I2 -I S S
_ SJ•stE A-ZooGATEWAY FARMS C >;uaTQQ (Gs 1S, toszs ( 2- 1 *— et 8
The foregoing signature(s) was/were subscribed and sworn to before me this t 4+h day of
Deczmbrr , 1.9%, by c ra‘rt. -Harr i;soli- .
Witness my band and official seal.
t'
op, i 619C(I 1;:: : !�'on expires May 5, 2.000
o Pu lic =—�a
?, LIC
Land Owned ", .:' •
SEE Eat-Harr se
If necessary, attach separate sheet.
COUNTY OF_ )
) ss.
STATE OF MARYLAND )
SUBSCRIBED and SWORN TO before me this day of December, 1.998 by
RICHARD J. DEMMITT.
WITNESS my hand and official seal.
My commission expires: Notary Public
FROM: CITY OF GREELEY IPX NO. : 9703509808 12-041-98 03 :47P P .12
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
CR4 CS D. I-I-4Rg,Sa,v being first duly sworn, states upon oath that he/she is
the circulator of the petition to which this Affidavit is attached and knows of his/her own
knowledge that the signature of each land owner appearing on said petition is the
signature of the person whose name it purports it to
(S o tor)
The foregoing Affidavit was subscribed and sworn to before me this Mt day of
L remlaPr_, 191b, by Crni;j D. Harrisnr,
Witness my hand and official seal.
My commission expires Mai 15, 2 CiO
f tom"' NO bhc
`: PLI�LiC 'o
qT OF**
3 •
EXHIBIT"A"
A TRACT OF LAND LOCATED IN SECTION 11, T5N, R67W OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO; BEING
LOTS A AND B OF RECORDED EXEMPTION NO. 0957-11-2 RE 342 RECORDED
AT RECEPTION NO. 1769049 OF THE WELD COUNTY RECORDS ON OCTOBER
6, 1978; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 11 AND
CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 11 TO BEAR N89°32'42"W AS SHOWN ON THE PLAT OF THE GOLDEN
TRIANGLE SECOND ANNEXATION TO THE CITY OF GREELEY, WITH ALL
OTHER BEARINGS RELATIVE THERETO:
THENCE ALONG SAID NORTH LINE,N89°32'42"W, 767.09 FEET TO A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF US HIGHWAY 34 BUSINESS
ROUTE;
THENCE ALONG SAID RIGHT-OF-WAY LINE, THE FOLLOWING TWO (2)
COURSES:
1. N45°05'53"E, 428.00 FEET;
2. N53°21'23"E, 572.57 1'EET;
THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 11, S00°23'47"E, (PREVIOUSLY RECORDED AS S00°23'55"E IN SAID
ANNEXATION PLAT), 649.96 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED TRACT CONTAINS 6.13 ACRES MORE OR LESS AND IS
SUBJECT TO ANY EASEMENTS OR RIGHTS-OF-WAY OF RECORD OR AS NOW
EXIST ON TEE GROUND.
EXHIBIT"B"
SPECIAL DISTRICTS OF WHICH TERRITORY PROPOSED TO BE
ANNEXED IS A PART
1. SCHOOL DISTRICT RE4
2. NCW WATER DISTRICT
3. WINDSOR.SEVERANCE FIRE PROTECTION DISTRICT
4. AIMS JUNIOR COLLEGE
5. WINDSOR.LIBRARY
6. WEST GREELEY SOIL CONSERVATION DISTRICT
EXHIBIT"C"
INTENDED USE AND DEVELOPMENT OF TERRITORY PROPOSED FOR
ANNEXATION
The property has direct access to U.S. Highway 34 Business Route. It currently has a
dwelling on it which is not in use. The intent of this proposed annexation is to include it
in the larger Tri_Pointe Development which borders to the east and south. The proposed
zoning is P.U.D. Industrial-Office. The size of the commercial or industrial facilities is
not known at this time. As a commercial development, no new dwellings will be
constructed and no new school students are to be added.
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