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CONSTRUCTION DIVISION
P.O. Box 519 Office: 3026 4th Avenue Office Phone(970) 352-6057
Greeley, CO 80632 Greeley, CO 80631 Denver Line(303) 654-1684
January 28, 1999
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", attached
hereto and made a part hereof, hereby petition the Town of Kersey for annexation of
the property described in Exhibit "A" (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.
The proposed property to be annexed meets the applicable provisions of section
31-12-105
3. Not less than one-sixth of the perimeter of the Property is contiguous with the
Town of Kersey.
The Berryman property, abuts the West edge of the Town of Kersey, along First
Street from Highway 34, to the Union Pacific Railroad. A distance of 2500', the
total distance around the property being 10213'. Meeting the 1/6 criteria.
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4. A community of interest exists between the Property and the Town of Kersey.
The Town of Kersey would greatly benefit from the annexation of this property.
Providing a growth potential not only for housing, but also for the town civic
structure, small business, and open space park areas.
5. The Property is urban or will be urbanized in the near future.
The western boundary of the Property is adjacent to the Town of Kersey and is
surrounded by land that is prime land for development as it has relatively easy
access to Highway 34 and is within a half mile of rail siding. Wit/t this
attributes it is likely the area will be developed 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.
With Highway 34 on the north, the railroad to the south, and the town on the
east side no property would be divided.
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
($200,000.00) for the preceding tax years 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.
9. No annexation proceedings have been commenced for the annexation of all or
part of the Property to another municipality.
This is the only annexation proceeding for the Property.
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.
It is with this understanding that we proceed with the annexation proceedings.
12. Petitioners are owners of more than fifty (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%) of the area proposed to be annexed, exclusive of
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 owner of one hundred percent (100%) of the area proposed to be
annexed to the Town of Kersey.
13. Accompanying this petition 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:
b. The total acreage, more or less, of the Property:
135 acres, more or less.
c. The total length of the perimeter of the boundary of the Property and the
length of the boundary of the Property contiguous with the Town of
Kersey.
Total length of boundary of property is 10213 feet; total length of
boundary contiguous with the Town of Kersey is 2500 feet.
yV 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.
Exhibit B details the distances of Property from Town of Kersey boundaries. -
15. The area proposed to be annexed is located within: Weld County and 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.
Yes, signer mailing addresses, legal description, and date are attached to this-his(
document ,
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 pan of any incorporated city, city
and county, or town.
18. Petitioners shall dedicate all water rights for the Property to the Town of Kersey
as required by ordinance.
Petitioners shall dedicate 3acre-feet per acre as required.
•
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 costs 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.
Property Owner:
Date:
Name:
Name:
Address:
7
NOTICE OF PUBLIC HEARING
NOTICE is hereby given that on the 1st day of April, 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 the
following described property:
A parcel of land situate in the Northeast quarter of
Section 20 , Township 4 North, Range 64 West of the 6th
P .M. , County of Weld, State of Colorado, being more
particularly described as follows :
Considering the East line of the said Northeast quarter
as being South 00°00 ' 00" West, and with all bearings
contained herein relative thereto : Commencing at the
Northeast corner of said Section 20 ; thence along the
North line of said Northeast quarter, South 89°35 ' 56 "
West 450 . 01 feet ; thence South 00°00' 00 " West 30 . 00 feet
to the TRUE POINT OF BEGINNING of this description;
thence South 00°00 ' 00" West 155 . 00 feet ; thence North
89°35 ' 56 " East 94 . 00 feet to the prolongation of the West
right-of-way of West Second Street ; thence along said
prolongation and the West right-of-way of said West
Second Street , South 00°00 ' 00 " West 2339 . 84 feet to a
point on the North right-of-way of the Union Pacific
Railroad; thence along said North right-of-way the
following three courses and distances; (1) South
89°20 ' 20 " West 548 . 24 feet; (2) South 00°39' 40" West
50 . 00 feet ; (3) South 89°20 ' 20" West 1734 . 95 feet to a
point on the West line of said Northeast quarter; thence
along said West line, North 00°07' 58" West 2555 . 17 feet ;
then North 89°35' 58" East 2194 . 43 feet to the true point
of beginning .
The above described parcel contains 132 . 83 acres .
A Resolution 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 during regular business hours .
TOWN OF KERSEY
DEPUTY TOWN CLERK
RESOLUTION 1999-
A RESOLUTION FINDING THAT THE PETITION FOR
ANNEXATION OF CERTAIN PROPERTY OWNED BY ALAN
D . BERRYMAN AND KATHLEEN L. BERRYMAN 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 Alan D. Berryman and
Kathleen L . Berryman and 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 consisting of approximately 134 acres in the Northeast
Quarter of Section 20 , Township 5 North, Range 64 West of the 6th
P .M . , County of Weld, State of Colorado, as more specifically
described in Exhibit "A" attached hereto 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 Jr day of April , 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 he annexed to the Town of Kersey.
Section 4 . The 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 four successive weeks
in The Voice , the designated newspaper of the Town of Kersey,
Colorado .
PASSED, ADOPTED AND APPROVED this 9th day of February, 1999 .
TOWN OF KERSEY
BY:
MAYOR
ATTEST :
DEPUTY TOWN CLERK
IMPACT REPORT OF THE BERRYMAN FARM ANNEXATION
The proposed annexation is known as the Berryman Farm Addition
to the Town of Kersey and involves the annexation of 132 acres
lying west of the existing Town of Kersey. The proposed
annexation consists of property described as :
A parcel of land situate in the Northeast quarter of
Section 20 , Township 4 North, Range 64 West of the 6th
P .M. , County of Weld, State of Colorado, being more
particularly described as follows :
Considering the East line of the said Northeast quarter
as being South 00°00 ' 00" West, and with all bearings
contained herein relative thereto : Commencing at the
Northeast corner of said Section 20 ; thence along the
North line of said Northeast quarter, South 89°35' 56"
West 450 . 01 feet ; thence South 00°00' 00" West 30 . 00 feet
to the TRUE POINT OF BEGINNING of this description;
thence South 00°00 ' 00" West 155 . 00 feet ; thence North
89°35 ' 56 " East 94 . 00 feet to the prolongation of the West
right-of--way of West Second Street ; thence along said
prolongation and the West right-of-way of said West
Second Street , South 00°00' 00 " West 2339 . 84 feet to a
point on the North right-of-way of the Union Pacific
Railroad; thence along said North right-of-way the
following three courses and distances ; (1) South
89°20 ' 20" West 548 . 24 feet ; (2) South 00°39' 40" West
50 . 00 feet ; (3) South 89°20 ' 20" West 1734 . 95 feet to a
point on the West line of said Northeast quarter; thence
along said West line, North 00°07' 58" West 2555 . 17 feet ;
then North 89°35 ' 58 " East 2194 . 43 feet to the true point
of beginning .
The above described parcel contains 132 . 83 acres .
The following information is provided with this report :
A. A vicinity map showing the existing Town of Kersey and
the parcel proposed to be annexed.
B . A map showing the proposed streets, lots and blocks .
C. No map showing proposed water mains, sewer mains and
utility easements is available .
D . Water and sewer service will be connected to the existing
water and sewer lines of the Town of Kersey. Water and sanitary
sewer services will be provided by the Town of Kersey.
E . The owners have requested the eastern part of the
property to be annexed be zoned for commercial use and that the
majority of he property west of the town center area be zoned
Single Family Residential .
Impact Report - Berryman
Page 2
F . All municipal services currently provided to residents of
the Town of Kersey will be to the territory to be annexed .
G. No draft pre-annexation agreement is available at the
time of this report .
H . Water and sanitary sewer extensions, streets and other
infrastructure improvements will be built by the owner or developer
and no financing of such infrastructure improvements by the Town of
Kersey is anticipated.
I . The districts which exercise control over the property to
be annexed include :
1 . Aims Community College
2 . Platte Valley Fire Protection District
3 . Weld County School District RE-7
4 . Weld County Library District
5 . North Colorado Water Conservancy District
6 . Central Colorado Water District
7 . Central Weld County Water District
9 . West Greeley Soil Conservation District
J. A statement from the Platte Valley School District RE-7
is enclosed.
March 3 , 1999 TOWN OF KERSEY
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WELD COUNTY OISTR.CT FF-7
P 0 BOX c65 - KIEPSEY, COLORADO 60644 - 970;357-6I 77 - FAX 970/351-7679
LEONARD HANLEY. S'JPERINTEVDENT E G_=NN MCCLALN, BUSINESS SERVICES U1RtcIUH
14 January 1999
TO: STEVE GEISERT IN loos 2v
FROM: LEN HALEY. SUPERINTENDENTII
^ (J
TOPIC: IMPACT OF SUBDIVISION
I have calculated the impact using the method developed by Mr.
Brian Lessman, Superintendent of Windsor School District.
Number of residential dwellings: 312
Pupil factor/dwelling: 0,7
Total pupil increase: 218
This figure is assuming single family dwellings & 100% build out,
Break down per school level:
Elementary 312 X 0.3 = 94
Middle School 312 X 0.2 = 62
High School 312 X 0.2 = 62
Total increase in enrollment: 218
,
Cost factor if the school district were required to purchase land for
future building is figured at $800/ student. 8800 X 218 = $174,400
Another cost factor, which is not calculable- is the impact of
bussing. If the development is located at a distance which would
require bussing this could increase the transportation department
by 2-3 buses which would involve 2-3 new drivers. Buses had a per
unit cost of $56,000 in 1998. This could increase cost to the
district by $112,000 to $168,000.
(4/44e, (J uticC//,, /1. . . cA •i%/ �4A,,r -2S, ()ii ,.--
D O N J . H OFF 1025 9TH AVENUE, SUITE 309 • GREEL EYE COLORADO 80631
ATTORNEY AT LAW TELEPHONE 970-356-6767 • TELE< Oi=IER 970-353-7504
March 3 , 1999
Board of County Commissioners
Weld County
915 10th Street
Greeley, CO 80631
Enclosed please find a Petition and Resolution for Annexation,
Impact Report and related documents involving the annexation of
property by the Town of Kersey.
As you can see from the Resolution, a hearing to adopt the
Ordinance annexing the property is scheduled for April 1 , 1999 at
7 : 00 p.m. The Notice is being published in The Voice .
Sincerely,
0171/
Don J. Ho f
DJH: th
Enclosures
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