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TOWN OF EATON
IS ". 57
RESOLUTION NO. 96-1
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING tevEmnal PROCEEDINGS
FOR THE BAYTHORN SQUARE ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation
map, was heretofore filed with the Town Clerk requesting the annexation of
certain property to be known as the Haythorn Square Annexation, more particularly
described as Situate in the County of Weld, State of Colorado, to wit :
See attached Exhibit A
WHEREAS, the Town Board desires to initiate annexation proceedings in
accordance with law.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
EATON, COLORADO:
Section 1. That the Town Board hereby accepts said annexation petition,
finds and determines that the annexation petition and accompanying map are in
substantial compliance with CRS 31-12-107, and desires to initiate annexation
proceedings in accordance with law.
Section 2. The Town Board shall hold a hearing to determine if the
proposed annexation complies with CRS 31-12-104 and 31-12-105, or such parts
thereof as may be required to establish eligibility for annexation under the
terms of Part 1, Article 12, Title 31, CRS. A hearing shall be held on the 12th
day of February, 1996, in the Board meeting room of the Town of Eaton, 223
First Street , Eaton, Colorado, at 7:00 p.m.
Section 3. The Town Clerk shall publish notice of such hearing once per
week for four successive weeks in the North Weld Herald, with the first
publication at least thirty (30) days prior to the date of the hearing. The Town
Clerk shall also send a copy of this resolution and the petition for annexation
to the Clerk to the Board of County Commissioners, the County Attorney and to any
Special District or School District within the area proposed to be annexed.
PASSED, APPROVED AND ADOPTED the 8th day of January, 1996.
TOWN OF EATON• COLORADO
Donald Cadwallader, Mayor
(SEAL)
ATTEST: ®f �14 EA
Erika C. Bagley, Terk �. �� '
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se) rflt (A 960279
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12 , Chapter 31,
CRS, as amended, hereby petition the Town .$ Board of the Town of
Eaton, Colorado, for annexation to the Town of Eaton the
unincorporated territory more particularly described below, to be
known as HAYTHORN SQUARE ANNEXATION [NAME OF
ADDITION] , and in support of said Petition, your petitioners allege
that:
(1) It is desirable and necessary that the following
described territory be annexed to the Town of Eaton;
( INSERT LEGAL DESCRIPTION]
See attached for boundary survey and legal description of parcel.
(2) Not less than one-sixth (1/6) of the perimeter of the
area proposed to be annexed is contiguous with the Town of Eaton,
Colorado;
(3) A community of interest exists between the territory
proposed to be annexed and the Town of Eaton, Colorado;
(4) The territory proposed to be annexed is urban or will be
urbanized in the near future;
(5) The territory proposed to be annexed is integrated or is
capable of being integrated with the Town of Eaton, Colorado;
(6) The signatures of the Petition comprise one hundred
percent (100%) of the landowners of the territory to be included in
the area proposed to be annexed and said landowners attesting to
the facts and agreeing to the conditions herein contained will
negate the necessity of any annexation election;
(7) 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:
(a) Is divided into separate parts or parcels without
the written consent of the landowner or landowners
thereof, unless such tracts or parcels are
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separated by a dedicated street, road or other
public way;
(b) Comprising twenty (20) acres or more and which,
together with the buildings and 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 preceding the
annexation, is included within the territory
proposed to be annexed without the written consent
of the landowner or landowners.
(8) 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;
(9) The area proposed to be annexed comprises [MORE THAN TEN
ACRES AND THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY HAS
AGREED TO WAIVE THE REQUIREMENT OF AN IMPACT REPORT AS PROVIDED FOR
IN SECTION 31-12-108. 5, CRS, As AMENDED. ] [MORE THAN TEN ACRES AND
AN IMPACT REPORT AS PROVIDED FOR IN SECTION 31-12-108. 5, CRS, AS
AMENDED, IS REQUIRED. ] [TEN ACRES OR FEWER AND AN IMPACT REPORT AS
PROVIDED FOR IN SECTION 31-12-108. 5, CRS, AS AMENDED, IS NOT
REQUIRED. ]
(10) The area proposed to be annexed is located within Weld
County, Eaton School District RE-2, Eaton Fire Protection District,
[LIST ALL OTHER SPECIAL DISTRICTS] and no others;
North Weld County Water District and Aims College District
(11) 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;
(12) Accompanying this Petition are four (4) prints of the
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 of the area proposed to
be annexed, such map prepared and containing the
seal of a registered engineer or land surveyor;
(c) Within the annexation boundary map there is shown
the location of each ownership tract in unplatted
land, and if part or all of the area is to be
platted, then the boundaries and the plat number of
plots or of lots and blocks are shown;
(d) Next to the boundary of the area proposed to be
annexed is drawn the contiguous boundary of the
Town of Eaton, and the contiguous boundary of any
other municipality abutting the area proposed to be
annexed;
(e) The dimensions of the contiguous boundaries are
shown on the map.
(13) The territory to be annexed is not presently a part of
any incorporated city, city and county, or town;
(14) The undersigned agree to the following conditions, which
shall be covenants running with the land, and which shall, at the
option of the City, appear on the annexation map:
(a) Water rights shall be provided pursuant to Town
ordinance;
(b) The owners shall participate in providing drainage
plans and improvements and payment of a unit
drainage fee as may be required by the Town for the
area;
(c) The undersigned hereby waive any and all "vested
rights" previously created pursuant to Section
24-68-103 , CRS, as amended.
(d) The undersigned and the Town may enter into a
Pre-Annexation Agreement prior to the effective
date of this annexation, which agreement shall be
additional conditions as effectively as if set
forth in this Petition.
(15) Petitioner represents that: (Check one)
X No part of the property to be annexed is included
within any site specific development plan approved
by Weld County, Colorado.
A site specific development plan has been approved
by Weld County, Colorado, which has created a
vested right.
EXECUTED this 5th da f January , 19 96
Signature of Landowner CC'
v/
18170 WCR 74
Havthorn Brothers January 5, 1996 Eaton, CO 80615
[printed name] Date of signing Mailing address
HAYTHORN SQUARE ANNEXATION
PROPERTY DESCRIPTION
A parcel of land being part of Lots One (1) and Two (2) of the Northwest Quarter )NW1/4) of
Section Six (6), Township Six North (T.6N.), Range Sixty—six West (R.66W.) of the Sixth
Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly
described as follows:
BEGINNING at the Section Corner common to Section 6—T6N.—R.65W., Section
1 —T.6N.—R.66W., Section 36—T.7N.—R.67W. and Section 31—T.7N.—R.65W. as monumented by a
found
brass cap set in concrete stomped LS 28259 with the Quarter Corner common to Section
6—T.6N.—R.65W. and Section 31—T.7N.—R.65W. as monumented by a found #6 rebar with
aluminum cop stamped LS 10822 to bear South 89'48'56" East a distance of 2651 .28 feet
with all other bearings contained herein relative thereto:
1 : THENCE South 89'48'56" East along the North line of said NW1/4 a distance of
30.01 feet to the point of intersection of the Easterly Right—Of—Way (ROW) of Weld
County Road (WCR) #37 extended Northerly. Said point being the TRUE POINT OF
BEGINNING:
#2: THENCE continuing South 89'48'56" East along the Northerly line of said NW1/4 a
distance of 1031.89 feet;
#3: THENCE South 00'11'04" West a distance of 90.61;
#4: THENCE South 89'48'56" East a distance of 165.85 feet to the point of intersection
with the Westerly ROW line of U.S. Highway #85;
THENCE along said Westerly ROW line of U.S. Highway #85 by the following Seven (7)
courses and distances:
#5: South 01'15'39" East a distance of 14.64 feet;
#6: South 00'10'51" West a distance of 309.40 feet to the beginning point of a non—tangent
curve;
#7: Along the Arc of a non—tangent curve a distance of 553.01 feet, whose Radius is 1221.00
feet, whose Delta is 25'27'01", and whose Long Chord bears South 21'44'09"
East a distance of 548.30 feet to the end of said non—tangent curve;
8: South 39'40'09" East along o line being non—tangent to the aforesaid curve a distance
of 309.60 feet;
#9: South 42'12'39" East a distance of 27.90 feet;
#10: South 40'57'39" East a distance of 247.50 feet to the beginning point of a non—tangent
curve;
#11: Along the Arc of a non—tangent curve a distance of 235.94 feet, whose Radius is 3745.00
feet, whose Delta is 03'36'35", and whose Long Chord bears South 38'31 '50"
East a distance of 235.90 feet to a point on said curve;
#12: THENCE North 89'52'55" West a distance of 599.23 feet;
#13: THENCE North 4146'45" West a distance of 591.55 feet;
#14: THENCE North 40'03'55" West a distance of 415.83 feet;
#15: THENCE North 89'48'56" West a distance of 590.03 feet to a point on the Easterly
ROW line of WCR #37;
#16: THENCE North 01'31 '35" West along said Easterly ROW line, being a line Thirty
feet (30') Easterly of as measured of right angles to the West line of said NW1 /4 a
distance of 721 .18 feet to the TRUE POINT OF BEGINNING.
Said described parcel of land contains 31.541 Acres, more or less (±)
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