HomeMy WebLinkAbout982638.tiff ANTHONY V. MELLO, LLC
ATTORNEY AT LAW
PHONE: (970) 834-1333 Fax: (970) 8340280
June 29, 1998
Lee Morrison
Weld County Attorney
915 10th Street
Greeley, CO 80631
Re: Town of Nunn;Bellmore Third Annexation
Dear Mr. Morrison:
With respect to the above-referenced Bellmore Third Annexation, enclosed please find (1)
Petition for Annexation, (2) Annexation Impact Report, (3) proposed Annexation Agreement, and
(4) Affidavit of Publication of Notice of Public Hearing on this matter, set for June 30, 1998.
As we discussed, the Town of Nunn inadvertently failed to forward notice of the public
hearing in this matter to the County Attorney and County Commissioners 25 days in advance, as
required under C.R.S. 31-12-108. Accordingly, the Town will proceed with the public hearing
scheduled for June 30, 1998, but will continue such hearing to a date at least 25 days from the
date of this letter, in order that Weld County will have the statutorily-required opportunity to be
heard on this matter.
Please telephone me if you have any questions in regard to this matter.cAL_N-4Anthony V. Me o
Town Attorney
Town of Nunn
cc: Clerk, Weld County Board of Commissioners
Jack Davis, Mayor of Town of Nunn
n"-c) \elt%
P. 0. Box 1 436 • 115 2ND AVENUE • AULT, COLORADO 80610 982638
•
( Pt ; /a',' C ‘;.' Crn; Sod t!L (09)
PETITION FOR ANNEXATION
TO: THE BOARD TRUSTEES OF THE TOWN OF NUNN, COLORADO
RE: Petition Known As: Bellmore Third Annexation to the Town of Nunn.
Date: , 1998
We, Leroy A. Bellmore and Peggy J. Bellmore,the undersigned landowners ("Petitioner"), in
accordance with the Colorado law, hereby petition the Town of Nunn and its Board of Trustees for
annexation to the Town of Nunn of the following described unincorporated territory located in the
County of Weld and State of Colorado, to-wit:
See Exhibit "A"attached(the "area proposed to be annexed").
As part of this petition,the Petitioner further states to the Board of Trustees of Nunn,Colorado,
that:
1. It is desirable and necessary that the territory described in Exhibit"A" be annexed to the Town
of Nunn.
2. The requirements of§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 Town of Nunn or will be contiguous with the Town of Nunn within such time
as required by §31-12-104, C.R.S.
b. A community of interest exists between the area proposed to be annexed and the Town
of Nunn.
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 Nunn.
e. No land within the boundary of the territory 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. Land within the boundary of the area proposed to be annexed which is held in identical
ownership,comprises twenty acres or more,and which,together with the buildings and
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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.
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 Nunn more than three miles in any direction
from any point of the boundary of the Town of Nunn in any one year.
j. Prior to completion of the annexation of the territory proposed to be annexed,the Town
of Nunn 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 Nunn; 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 Nunn 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 Nunn but is
not bounded on both sides by the Town of Nunn.
3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of
dedicated streets and alleys,have signed this petition and hereby petition for annexation of such
territory.
4. Accompanying this petition are four copies of an annexation 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 or 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
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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 Nunn 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. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be
annexed will become subject to all ordinances, rules and regulations of he Town of Nunn,
except for general property taxes of the Town of Nunn which shall become effective as the
January 1 next ensuing.
6. The zoning classification requested for the area proposed to be annexed is as provided in the
attached Annexation Agreement.
7. The Petitioner specifically reserves the right to withdraw this Petition at any time prior to final
reading by the Town Board of the Town of Nunn,Colorado;and/or as provided in the attached
Annexation Agreement.
WHEREFORE, the following petitioner respectfully requests that the Town of Nunn, acting
through it Board of Trustees, approve the annexation of the area proposed to be annexed. By this
acknowledgment, the undersigned hereby certify that the above information is complete and true.
PETITIONER: P-/-LA-12
Owner: '( Date: � , 1998
roy A.Bellmorp� _ q
Owner: .77 9_ G�/ �� r� Date:070a 6i , 1998
Applicant: (Z �mofl� � iy��p ,� Date:C-f 4-(Q k , 1998
Leroy A.Bellmore
(Attach additional signatures as necessary)
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this g day of (,( iytue , 1998,
by Leroy A. Bellmore and Peggy J. Bellmore.
LOCUM CM- Lae TieCur
Notary Public
Witness my hand and official seal.
My commission expires:i� OOd
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RECORD OF
LAND OWNERSHIP AND DATE SIGNED
Landowner/Petitioner Legal Description
Mailing Address Date Signed of Land Owned
Leroy A. Bellmore , 1998 See Exhibit "A"
13480 Weld County Road 100
Nunn, Colorado 80648
Peggy J. Bellmore , 1998 See Exhibit "A"
13480 Weld County Road 100
Nunn, Colorado 80648
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EXHIBIT "A"
TO
PETITION FOR ANNEXATION
TOWN OF NUNN, COLORADO
LEROY A. BELLMORE AND PEGGY J. BELLMORE
of
PARCEL 1 3'1 0-th'"'" Np
All of the W%:Sec ow32,Township 9 North,Range 66 West of the 6th P.M.,Weld County,Colorado,
except a parcel of a:.res(here insert description ofproperty known as the Bellmore Home Property),
also known as the Bellmore Third Annexation to the Town of Nunn, Colorado.
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AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Leroy A. Bellmore, being first duly sworn upon oath, deposed and says that he was the
circulator of this Petition for Annexation of lands to the Town of Nunn,Colorado,consisting of 6 pages
including this page and that each signature hereon was witnessed by your affiant and is the signature
of the person whose name it purports to be.
Leroy A. Bellmore
Circulator
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this day of C_/944 JL , 1998,
by Leroy A. Bellmore.
LOS VT)- kq /
Notary Public
Witness my hand and offici0 se 1.
My commission expires: J2//fin)0(Y) •
C:\-Office 3\Bellmore\Bellmore Annexation.wpd
March 24,1998
TOWN OF NUNN
BELLMORE ANNEXATION
ANNEXATION IMPACT REPORT
This Annexation Impact Report is prepared by the Town of Nunn regarding the proposed
Bellmore annexation of the real property located west of County Road 29 and south of County
Road 100 (Parcel 1), being more particularly described as follows:
Parcel 1: All of the W1/2 Section 32, Township 9 North, Range 66 West of the 6th P.M.,
Weld County, Colorado, except a parcel of 10 acres (here insert description of property known as
the Bellmore Home Property), also known as the Bellmore Third Annexation to the Town of
Nunn, Colorado.
The land proposed to be annexed is owned by Leroy A. Bellmore and Peggy J. Bellmore.
Such land is contiguous to the Town of Nunn.
A. Map of the Town of Nunn and adjacent territory is attached hereto showing the following:
1. The present and proposed boundaries of the municipality in the vicinity of the
proposed annexation.
2. The present streets and major trunk water mains, and other utility lines and ditches.
The Town of Nunn has no sewer service.
3. The proposed extension of streets and utility lines in the vicinity of the proposed
annexation is not an issue. There are existing streets (County Road 29 and County Road 100)
which serve such property, and the placement of additional streets into the property to be annexed
is a matter for future determination. Likewise there are existing utility lines (not provided by
Town of Nunn) which serve the property.
.4. The existing and proposed land use pattern in the areas to be annexed. The
Bellmores are proposing that Parcel 1 be zoned a combination of Commercial, Single Family
Residential and Multi Family Residential. This is consistent with the adjacent zoning in the Town
of Nunn. The land in Town adjacent to Parcel 1 is zoned Agricultural and will be re-zoned to
similar going districts.
B. Annexation Agreement.
The Annexation Agreement has not yet been finalized, but a draft will be available at the
public hearing to be held on ,rte aa 7998
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public hearing to be held on June 30, 1998
C. Flans for extending or otherwise providing for municipal services.
Water service will be extended into the area to be annexed upon application for such and
payment of tap fees. The Town has already approved the issuance of one (1) water tap for the
Bellmore's personal residence on Parcel 1 and the construction of a 6-inch water line. Fire
protection is already being provided to the property by the Nunn Fire Protection District, and will
continue to be so provided. Other services such as maintenance of any future streets in future
development of the parcels would be provided in normal course of events by the Town.
D. Plan for financing of extension of municipal services.
Any further extension of water service will be by payment of tap fees, and by payment by
the landowner for extension of any lines within the property.
E. Existing districts within the area to be annexed.
The area to be annexed is within the following existing districts:
Nunn Fire Protection District
School district RE-9
Northern Colorado Water Conservancy District
North Weld County Water District
F. Effect of annexation upon local school district systems.
It is anticipated that the annexation will have no immediate effect upon the local public
school system, as the area to be annexed is already in School District RE-9.
C:ORce 3\Bellmore lmpect Repon-Mnendon.wpd
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ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT is made and entered into this_ day of
, 1998, between the TOWN OF NUNN, COLORADO, a Colorado
municipal corporation, hereinafter referred to as the "Town," and LEROY A.
BELLMORE and PEGGY J. BELLMORE, hereinafter referred to as the
"Landowner"
RECITALS:
The following recitals are a material part of this Annexation Agreement
(the "Agreement").
A. Landowner is the owner of property more fully described on Exhibit A
attached hereto (the "Property"), also known as Bellmore Third Annexation.
B. Landowner has determined that it is desirable for the future development
of the Property to annex to the Town and has contemporaneously with this Agreement
filed a Petition to annex the Property (the "Petition")to the Town; and the Petition is
on file with the Town Clerk.
C. The Landowner and the Town desire to establish conditions with regard
to the use of the Property and to provide for zoning of the Property and certain
requirements for the subsequent development of the Property.
D. The parties agree that this annexation shall not create any additional
costs or impose any additional burden on the existing residents of the Town, and all
costs associated with providing facilities and services to the Property shall be borne
by the Landowner.
NOW, THEREFORE, the parties agree as follows:
1. Pursuant to §31-12-108.5, C.R.S., an annexation impact report shall be
prepared by the Town and copies will be distributed in accordance with the
requirements of the aforesaid statute.
2. Pursuant to §31-12-115, C.R.S., the Property shall be zoned within
ninety days of the effective date of the annexation ordinance as provided in the
Agreement.
3 Subject to the terms and conditions of this Agreement, the Town agrees
to allow development of the Property in phases. Prior to the development of any
portion of the Property, a development agreement shall be in place which shall in part
address the dedication and improvement of roads including signage and traffic
control, the installation and maintenance of water and sanitary waste disposal and
related facilities, and the installation and maintenance of storm drainage facilities in
accordance with this Agreement.
4. Landowner shall install water improvements to serve the Property. The
Town shall be obligated to provide sufficient water service to the Property and the
Town shall be required to maintain improvements for water service once installed,
upon purchase of water taps by Landowner. The Town agrees to accept shares of the
Colorado Big Thompson Project water and/or North Poudre Irrigation Company for
any raw water contribution requirement for provision of water taps to the Property as
the Town shall decide at the time that raw water is required, based on what is
acceptable to North Weld County Water District at such time. The Town shall take
all necessary action to permit water and sanitary waste disposal service by the
applicable utility to the Property. All water and sanitary waste disposal service shall
be constructed in accordance with applicable Town ordinances,rules,regulations,and
engineering specifications as may be in effect at the time of development, which shall
be no more costly or restrictive than those applicable to the Town's water or sanitary
waste disposal systems. Landowner will pay only the costs associated with obtaining
water and sanitary waste disposal systems for the Property and dedicate all necessary
rights-of-way on the property. The Town will obtain all other necessary easements
for construction and maintenance of any sanitary waste disposal or water
improvements on the same terms as any other property in the Town.
5. Landowner shall construct such storm drainage improvements as are
required by any applicable Town ordinances, rules, regulations and engineering
specifications in effect at the time the development occurs and shall further dedicate
all necessary rights-of-way for storm sewers to serve property being developed. The
Town shall be obligated to provide storm drainage improvements (if necessary) for
that portion that is not on the Property. The Town will accept ownership and
maintenance of any storm drainage improvements constructed by Landowner or as
otherwise provided by Town ordinance at the time development occurs.
6. In order to facilitate construction of subdivision improvements,the Town
will consider the creation of one or more districts, including but not limited to,special
districts, general improvement districts, and metropolitan districts. The Town agrees
to designate the Property as an enterprise zone under applicable state law.
7. As of the date of this Agreement a portion of the Property is being used
for agricultural purposes. The Property may continue to be used for agricultural
purposes including grazing livestock and maintenance of fences (including barbed
wire fences) until a development plan or subdivision has been approved and a
building permit has been issued for nonagricultural improvements pursuant to the
development plan or in the subdivision for construction on that portion of the
Property.
8 If the annexation of the Property, or any portion thereof, is challenged
by a referendum, all provisions of this Agreement, together with the duties and
obligations of each party, including payment of all taxes, fees and charges of any kind
or nature, directly or indirectly imposed by the Town and enforcement of all Town
ordinances on the Property shall be suspended, immediately upon filing of the
referendum, pending the outcome of the referendum election. If the referendum
challenge results in disconnection of all or any portion of the Property from the Town,
then this Agreement and all provisions contained herein shall be null and void ab
initio and have no further effect except as the application fees charged by the Town
for processing the Petition. If the referendum challenge fails, then Landowner and
the Town shall continue to be bound by all the terms and conditions of this
Annexation Agreement. The period of suspension of this Agreement shall end on the
date the annexation ordinance is no longer subject to further legal challenge. Upon
such disconnection, the Town shall have no further obligations or responsibilities as
to such disconnected property, and the Landowner shall have no further obligation
to the Town.
9 The Landowner has petitioned for annexation upon the expectation that
the Town will zone the Property as follows: Parcel 1 as a combination of"R-1" Single
Family Residential,"R-2"Multiple Family Residential and"C"Commercial as shown
on the attached map (also in the Annexation Petition for the Property). Petitioner has
also petitioned the Town for rezoning of the property known as the Bellmore First
Annexation from "A" Agriculture to a combination of "R-1" Single Family
Residential, R-2 Multiple Family Residential and "C" Commercial as shown on the
attached map. If such zoning is not finally approved by appropriate ordinance within
ninety days after the date the annexation ordinance becomes final and is no longer
subject to further legal challenge, the Town will upon the request of the Landowner
proceed to enact an ordinance disconnecting the Property from the Town. Upon such
disconnection, the Town shall have no further obligations or responsibilities as to
such disconnected property; and the Landowner shall have no furthenobligations or
responsibilities to the Town.
10. The parties recognize that it is the intent of the Landowner to develop
the Property and the Bellmore First Annexation under the zoning described in this
Agreement and in the annexation petition. The subsequent granting of such zoning
by the Town to the Property is a condition of the annexation of the Property. The
initial grant of the requested zoning shall not be changed by the Town, without
Landowner's consent, for twenty-five years. In the event any ordinance becomes
effective in the Town within twenty-five years after the effective date of the
annexation ordinance, and such ordinance alters or limits Landowner's right to use
the Property as contemplated by this Agreement, then the Town, upon the written
request of Landowner, will proceed to take all necessary action to immediately
disconnect the Property from the Town's boundaries. However it is acknowledged
that such zoning is not guaranteed except as provided in this Agreement, and the
Town has not agreed to maintain such zoning in perpetuity beyond the terms of this
Agreement.
11. Except as set forth in this Agreement, the Property shall be subject to
the police power and legislative authority of the Town, after final annexation of the
Property.
12. This Agreement shall be specifically enforceable by a court of competent
jurisdiction. In the event of a breach of any provision of this Agreement, the
nonbreaching party may ask a court of competent jurisdiction to enter a writ of
mandamus, temporary or permanent restraining orders, temporary or permanent
injunctions, or orders of specific performance to compel the breaching party to
perform its duties under this Agreement and to grant such other relief as may be
accorded by law, it being the intent of this provision to supplement the general or
common law of remedies. The parties agree to sign any further documents reasonably
required by Landowner or the Town to carry out the terms of this Agreement. This
Agreement and any amendments to this Agreement shall be recorded with the Weld
County Clerk and Recorder and shall be binding upon and inure to the benefit of the
heirs, transferees, successors, and assigns of the Landowner and the Property. Upon
conveyance of all or any portion of the Property by an Landowner, the successor in
interest shall be substituted for the Landowner under this Agreement; and the former
Landowner shall be released from all duties and liability under this Agreement. This
Agreement shall constitute a covenant running with the title to the Property. This
Agreement represents the entire agreement between the parties. Any amendments to
this Agreement to be effective shall be in writing.
13. This Agreement shall be null and void if the Town fails to approve the
annexation of the Property on or before , 1998. If Landowner
properly disconnects all or any portion of the Property as provided for herein, this
Agreement shall be null and void as to such Landowner, and such Property.
IN WITNESS WHEREOF, the parties hereto have executed this Annexation
Agreement the day and year first written above.
TOWN OF NUNN, COLORADO
By:
Mayor
A11EST:
Town Clerk
LEROY A. BELLMORE
PEGGY J. BELLMORE
Mandy\randy\RANDY\OFFICE2\EELLMOREW NNEX2.AOR
March 24, 1998
A
AFFIDAVIT OF PUBLICATION
STATE OF COLORADO
ss.
COUNTY OF WELD
I, Bruce J. Bormann, of said County of Weld, being duly
sworn, say that I am Publisher of
THE NORTH WELD HERALD
a weekly newspaper having a general circulation in said
County and State, published in the Town of Eaton, in said
County and State; and that the notice,of which the annexed is
a true copy, has been published in said weekly newspaper for
successive week(s), that the notice was published
the regular and entire issue of every number of the paper
during the period and time of publication, and in the
newspaper proper and not in a supplement, and that the
publication of said notice:
_Wit of /44a‘ 1-14441. 6e intok if hvist
was in said newspaper bearing the date(s) of:
Thursday,the oki Sf day of A2.14-1 , 1998
NOTICE OF l I PUBLIC HEARING y�/11
Thursday,the r_ — day of Akit- , 1998
BELLMORE THIRD ANNEXATION ,,,I
Thursday,the 1T—^ day of V , 1998
Notice is hereby given of a Public
Hearing to be held by the Nunn Board of Thursday,
Trustees on a propad to annex certain y.the )/ day of Or , 1998
property known as the "Bellmore Third G
Annexation".Such Public Hearing shall be and that the said THE NORTH WELD HERALD has been
held at 7:30 p.m. on Tuesday, June 30, published continuously and uninterruptedly for the period of 52
1998, in the Board Meeting room at the
Nunn Community Center, 185 Lincoln av consecutive weeks, in said County and State, prior to the date
onus,Nunn,Colorado. of first publication of said notice, and the same is a newspaper
The property to be annexed is more within the meaning of an Act to regulate printing of legal
specifically described as follows:
notices and advertiseme , approved May 18, 1931, and all
BELLMORE THIRD ANNEXATION: prior acts so far as in
All of the West 1/2 of Section 32,
Township 9 North,Range 66 West of the
6th P.M.,Weld County,Colorado,except •
a parcel of 10 acres. RU J. BOR ANN, PUBLISHER
Dated this 18th day of May, 1998.
TOWN OFNUNN Publication Cost:$ 6V"
-
PM Kesinger,Town Clerk
Published May 21, 28, June 4 and 11,
1998 in The North Weld Herald
Subscribed�,{and sworn to before me "c; � .....
this I /rl day of 9J�YLC._ , 1998 / ERIKA C.
0 1 BAGLEY
C • ti[7a�Jl� �Oj �Sf
ERIKA C. BAGLEY, NO RY UBLIC e Gdl
My commission expires October 21, 1999
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