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Home My WebLink About950779.tiffRESOLUTION RE: APPROVE PETITION FOR ANNEXATION OF WELD COUNTY ROAD 18 TO THE TOWN OF FREDERICK AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Petition for annexation of Weld County Road 18 between Weld County Roads 11 and 13 to the Town of Frederick, and WHEREAS, after review, the Board deems it advisable to approve said petition, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Petition for annexation of Weld County Road 18 between Weld County Roads 11 and 13 to the Town of Frederick be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said petition. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of April, A.D., 1995. ATTEST: Weld County Clerk to the Board BY: C/ Deputy Clerk .the Board APPROVED AS TO FOR BOARD OF COUNTY COMMISSIONERS WED COUNTY, COLORAQO Da eorge-E. Baxter FXC:I ISFn Constance L. Harbert FXCI ISFp 1ATF OF SIANINC`z (AYF) W. H. Webster 950779 EG0034 L_C : C/; /7W) iarnp5)nf.Brzuoi- °'''y ) AFFIDAVIT OF CIRCULATOR STATE OF COLORADO COUNTY OF WELD ) ss: Donald D. Warden, Clerk to the Board of County Commissioners for Weld County, Colorado, being first duly sworn upon oath, deposes and says that he was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of [4_2 pages including this page and that each signature hereon was sed by your affiant . <d is the signature of the person whose name it purports to be. d D. Warde, Circulator Subscribed and sworn to before me this 1ctday of Donald D. Warden. 1995 by My commission expires: -8-99 Notary Public 950779 ROAD #18 ANNEXATION PETITION FOR ANNEX,ATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO: County of Weld, Colorado, by and through the Board of County Commissioners of the County of Weld, the undersigned landowner, in accordance with Colorado law, hereby petitions the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. Sections 31-12-104 and 31-12-105, as amended, 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 Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104; b. A community of interest exists between the area proposed to be annexed and the Town of Frederick; 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 Frederick e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one (1) tract or parcel of real estate or two (2) 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. No land within the boundary of the area proposed to be annexed which is held in identical ownership, comprises 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 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; 950779 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 Frederick more than three (3) miles in any direction from any point of the boundary of the Town of Frederick in any one (1) year; j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick 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 Frederick; 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 Frederick 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 Frederick but is not bounded on both sides by the Town of Frederick. 3. County of Weld, Colorado, by and through the Board of County Commissioners of the County of Weld, the owner of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, has signed this petition and hereby petitions for annexation of such territory. 4. Accompanying this petition are four (4) copies of an annexation map containing the information following: 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, 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 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 Frederick 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. Petitioner reserves the right to withdraw this Petition for Annexation at any time prior to the adoption of the ordinance annexing the property to the Town of Frederick. 6. 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 the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 950779 WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. COUNTY OF WFT D, COLORADO, BY AND THROUGH THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD ATTEST: c7) XI/ 41gth B Dale I£•-Ilall, Chairm Board of County Commissio County of Weld 3 s of the 950779 EXHIBIT A ROAD #18 ANNEXATION LEGAL DESCRIPTION A tract of land situate, lying and being in the County of Weld, in the State of Colorado, described as follows: A strip of land being Thirty feet (30') and Sixty feet (60') in width and consisting of the existing Right -of -Way (ROW) of Weld County Road (WCR) #18 located in the South Half (S1/2) of Section Twenty-four (24), and the North Half (N1/2) of Section Twenty- five (25), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) 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 Sections 24/25-T.2N.- R.68W. and Sections 19/30-T.2N.-R6'7W. and assuming the South line of the Southeast Quarter (SE1/4) of said Section 24 to bear North 89'56'49" West with all other bearings contained herein relative thereto: #1: THENCE North 89'56'49" West along said South line a distance of 30.00 feet to the TRUE POINT OF BEGINNING: #2: THENCE continuing North 8T56'49" West along said South line a distance of 2612.03 feet to the Quarter Corner common to Sections 24/25-T.2N.-R.68W.; #3: THENCE North 89'53'29" West along the South line of the Southwest Quarter (SW1/4) of said Section 24, a distance of 671.11 feet; #4: THENCE North 00'06'31" East a distance of 30.00 feet; #5: THENCE North 89'53'29" West a distance of 1970.15 feet to a point on the West line of said SW1/4; #6: THENCE South 00'10'37" East along said West line a distance of 30.00 feet to the Section Corner common to Sections 23/24/25/26-T.2N.-R.68W.; #7: THENCE Southerly along the West line of the Northwest Quarter (NW 1/4) of said Section 25, a distance of 30.00 feet; 950779 #8: THENCE South 89'53'29" East a distance of 2641 feet, more or less L); #9: THENCE South 89'56'49" Fast a distance of 2611.78 feet; #10: THENCE North 00'33'45" East a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 4.975 Acres, more or less (±), and is subject to any rights -of -way or other easements as granted or reserved by instruments of records or as now existing on said described parcel of land. 2 950779 ott Imn WIIDe. COLORADO BOARD OF COUNTY COMMISSIONERS REVIEW/WORK SESSION REQUEST OFFICE OF COUNTY ATTORNEY PHONE (303) 356-4000 EXT. 4391 P.O. BOX 1948 GREELEY, COLORADO 80632 DEPARTMENT: COUNTY ATTORNEY DATE: April 3, 1995 PERSON REQUESTING: Lee D. Morrison, Assistant Weld County Attorney Brief description of the problem/issue: Frederick has presented a petition for this Board's consideration to annex Weld County Road 18 in the area between Roads 11 and 13 where annexations have created a checkerboard of jurisdiction. Some areas only one-half of the right-of-way is still within the County's jurisdiction. The annexation petition appears proper in form and should there be objections raised to the annexation, Weld County could withdraw the petition prior to final approval. Recommendation to the Board: I am recommending approval of the petition. Lee 1). Morrison Assistant Weld County Attorney LDM/db pc: Public Works Bruce Barker 950779 Initial: Place on Work Don't Aeenda/ Session Do It Baxter Hall Harbert Kirkmeyer Webster wsrwcrls.db 950779 m T Occ m P 387 471 tL89 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to e, 4iQ25O3 f 43,11-frn-', c57.sKimbarK55,'. SMei Street an6f p, qr j /O rigrtn 4911- PO Stand IP God ctt t /P -r e Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date, and Address of Delivery TOTAL Postage and Fees S Postmark or Date y_Lo-9V 0 ci " > To w .o D m U c U) '0 U) Er 0 ❑ a c' C 2 O U 0 0 0 t E m x `po « c a c m 0 U) L m `O 15 0 0 0 U N d m 'a To e E 10 0 03 • « d « ea brie j,o "" 0 m O C • 7 eV mm" 0= 0 Sp«awE0 9 O 0 0 .O ---„, Xi U« a t M Cm« 0C U mmmcEd¢`w: i'x E E Ewow « `Oo Ea a E m m j C L OUl C Q ie v v 11` Ed; m T U L a` m U V CEEt;mc«Q b WUUi:v, I;3m 'BL0�v ct « • m • « M or a y m a H a) -5 ccc N E2 • o o 0' In U tip ❑ ❑ ❑ as❑'C❑ C C 956773 The Law Offices of SAMSON & BROWN A Professional Corporation Richard E. Samson Kristin Nordeck Brown M. Renee Lier Alan D. Carlson Of Counsel March 30, 1995 Lee Morrison, Esq. Assistant Weld County Attorney P.O. Box 1948 Greeley, CO 80632 Re: Town of Frederick Road #18 Annexation Dear Mr. Morrison: 515 Kimbark Street, Suite 105 P.O. Box 1079 Longmont, Colorado 80502 Telephone (303) 776-1169 Facsimile (303) 776-5444 ',',;'. 3 1 1995 I `A - O,? TTiv; :C9.: , TY' v_ Enclosed please find a blueprint of the Road 18 Annexation to the Town of Frederick. I trust this will make it easier for the Board of County Commissioners to review the Petition for Annexation which Richard Samson sent to Mr. Barker's office earlier this month. It is my understanding that if the Board approves the Petition, you will prepare a resolution authorizing the chairman to sign the Petition, and the clerk to the Board would then attest and sign the Circulator. Please feel free to call if this office can be of any further assistance. Thank you for your attention to this matter. Very truly yours, 5 M. Renee Lier MRL:mde cc: Town of Frederick Enclosure 950779 The Law Offices of SAMSON & BROWN A Professional Corporation Richard E. Samson Kristin Nordeck Brown M. Renee Lier Alan D. Carlson Of Counsel March 16, 1995 Bruce T. Barker, Esq. Weld County Attorney P.O. Box 1948 Greeley, CO 80632 Re: Town of Frederick Road #18 Annexation Dear Mr. Barker: 515 Kimbark Street, Suite 105 P.O. Box 1079 Longmont, Colorado 80502 Telephone (303) 776-1169 Facsimile (303) 776-5444 ATT i?N • Enclosed please find a draft of the Petition for Annexation which I have prepared on behalf of the Town of Frederick. Pursuant to your telephone conversation with my associate, Renee Lier, on March 2, 1995, I have added a provision which allows the Board of County Commissioners to withdraw the petition at any time prior to the adoption of the ordinance annexing the property to the Town of Frederick. Please see paragraph 5 for that provision. I would appreciate your reviewing and approving the Petition for Annexation as to form. If it meets with your approval, please give the same and the enclosed Affidavit of Circulator to Donald Warden after Dale Hall has signedit on behalf of the Board of County Commissioners. Please return the signed originals to this office in the enclosed preaddressed stamped envelope. Thank you for your attention to this matter. Sincerely, RES:mde cc: Town of Frederick Enclosures Richard E. Samson 950779 Hello