HomeMy WebLinkAbout961477.tiff o. n3
DATE: July 3, 1996
CLEF..,
TO: Weld County Commissioners TO i
Weld County Attorney's Office
Weld County School District Six
Weld Library District
Northern Colorado Water Conservancy District
Aims Community College
FROM: Betsy D. Holder, Greeley City Clerk(
SUBJECT: Commonwealth Annexation
The City of Greeley City Council has received a petition for annexation of property generally
located northwest of the intersection of 16th Avenue Court and 1st Street,and south of the Colorado
and Southern Railroad tracks and approximately 675 feet east of 21st Avenue.
A public hearing will be held to determine whether the property is eligible for annexation and
the hearing has been scheduled for August 6, 1996.
A copy of the notice of public hearing,a copy of the resolution which sets the public hearing,
and a copy of the petition as filed are attached. As indicated in the notice and resolution,the public
hearing will be held:
August 6, 1996
7:30 p.m.
City Council Chambers
Public Safety Building
919 Seventh Street
Greeley, Colorado
4d-7229 q.c/
P_e ; AL„. fit �D, G''l 961477
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
"COMMONWEALTH" annexation and is located generally
northwest of the intersection of 16th Avenue Court and 1st Street,and
south of the Colorado and Southern Railroad tracks and
approximately 675 feet east of 21st Avenue. The hearing shall be
held on August 6, 1996, 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 2nd day of July, 1996
Betsy D. Holder
City Clerk
a'
CITY OF GREELEY, COLORADO
RESOLUTION NO. 24 , 1996
RESOLUTION FOR "COMMONWEALTH" ANNEXATION PETITION FINDING
SUBSTANTIAL COMPLIANCE OF AND SETTING OF HEARING FOR DETERMINATION
OF COMPLIANCE WITH STATE ANNEXATION LAWS.
WHEREAS, Commonwealth Resources Corporation submitted an annexation petition to
the City of Greeley on May 15, 1996 for annexation of property located North if First Street,
West of 14th Avenue, South of Burlington Northern Railroad Easement in the City of Greeley;
and
WHEREAS, City of Greeley staff has found substantial compliance of the annexation
petition in conformance with C.R.S., § 31-12-101, et ,; 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 THE GREELEY, COLORADO.
1. The hearing for determination of the proposed annexation petition for compliance with
C.R.S., §§ 31-12-104 and 31-12-105 is hereby set for August 6, 1996 at the Greeley City
Council Chamber, 919 7th Street, Greeley, Colorado, during a regular City Council meeting
beginning at 7:30 p.m.
2. The City Clerk is hereby authorized to publish and notify required parties pursuant to
C.R.S., § 31-12-108(2).
3. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED this 2nd day of July, 1996
ATTEST: IHE CITY OF GREELEY, COLORADO
City Cric ayor
PETITION FOR ANNEXATION
(OMMOkNJEA-I-T1{ ANNEXATION
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF
GREELEY, COLORADO:
The undersigned, in accordance 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, " Co h x104 wc -TA-
Annexation." Four (4) copies of said map are submitted herewith and by this reference
are incorporated herein. The description of the territory hereby petitioned for annexation
to the City of Greeley is set forth in Exhibit A attached hereto and incorporated herein
by reference.
, In support of this petition, the Petitioner(s) allege(s) that:
1. It is desirable and necessary 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 urbanised 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 v#lorem tax purposes for
the year next preceding the filing of the written petition for annexation,
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 tact 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.
a
L E GAL DESCRIPTION
COMMONWEALTH ANN E XAT I O N
ALL THAT PART OF LOTS ONE (1) AND TWO (2) OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER (NE NW 'I) OF SECTION SIX (6) , TOWNSHIP FIVE
NORTH (T.5N. ) , RANGE SIXTY-FIVE WEST (R.65W. ) OF THE SIXTH PRINCIPAL
MERIDIAN (6TH P.M. ) , ACCORDING TO THE SUBDIVISION OF LANDS BY THE
UNION COLONY OF COLORADO, COUNTY OF WELD, STATE OF COLORADO, LYING
SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND DISTANT 50.0 FEET SOUTH-
WESTERLY OF, AS MEASURED AT RIGHT ANGLES TO, BURLINGTON NORTHERN
RAILROAD COMPANY'S (FORMERLY COLORADO AND SOUTHERN RAILWAY COMPANY)
HEREINAFTER DESCRIBED MAIN TRACK CENTERLINE.
MAIN TRACK CENTERLINE DESCRIPTION
COMMENCING AT THE INTERSECTION OF THE BEECH STREET CENTERLINE AND THE
21ST AVENUE CENTERLINE, AS NOW LOCATED IN SECTION 6, T5N, R65W, 6TH
P.M. , WELD COUNTY, COLORADO; THENCE NORTHERLY ALONG SAID 21ST AVENUE
CENTERLINE A DISTANCE OF 195.1 FEET TO THE TRUE POINT OF BEGINNING OF
THE MAIN TRACK TO BE DESCRIBED; THENCE DEFLECTING SOUTHEASTERLY 106
DEGREES 17' TO THE POINT OF INTERSECTION WITH THE WEST RIGHT OF WAY
LINE OF 14TH AVENUE AND THERE TERMINATING,
COUNTY OF WELD,
STATE OF COLORADO.
ACREAGE
SAID DESCRIBED PARCEL OF LAND CONTAINS 7.699 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.
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 owner(s) 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) acknowledge(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) agree(s) to waive any right
to an election 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 bas 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.
J.and Owner(s) Name(s) and Signature(s) Mailing Address Date of Signing
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The ing signatur,@(s) was/were subscribed and sworn to before me this I(1 day of
19 , by No'.rol K earvi51 1)ovta.kk ft.SYn*ft
Wi ss y nd and official seal.
My commission expires ' b
Notary bhc
Land Owned
If necessary, attach separate sheet.
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