HomeMy WebLinkAbout952616.tiff17
Richard E. Samson
Kristin Nordeck Brow%-) I'
M. Renee Lier
Alan D. Carlson
Of Counsel
The Law Offices of
SAMSON & BROWN
^: 72 A Professional Corporation
Clerk of the Weld County Board
of County Commissioners
P.O. Box 758
Greeley, CO 80632
Weld County Attorney
P.O. Box 1948
Greeley, CO 80632
St. Vrain Sanitation District
512 5th Avenue
Longmont, CO 80501
St. Vrain Valley School District
395 S. Pratt Parkway
Longmont, CO 80501
St. Vrain & Lefthand Water
Conservancy District
9595 Nelson Road
Longmont, CO 80501
Northern Colorado Water
Conservancy District •
P.O. Box 679
Loveland, CO 80539
Central Weld County Water District
2235 2nd Avenue
Greeley, CO 80631
Left Hand Water District
P.O. Box 210
Niwot, CO 80544
Tri-Area Ambulance District
P.O. Box 708
Frederick, CO 80530
j�
t� (k LUC, VIII
09/0 (r /c7s M to -
515 Kimbark Street, Suite 105
P.O. Box 1079
Longmont, Colorado 80502
Telephone 303-776-1169
Facsimile 303-776-5444
August 29, 1995
Certified Mail No. Z 001 768 346
Certified Mail No. Z 001 768 347
Certified Mail No. Z 001 768 348
Certified Mail No. Z 001 768 349
Certified Mail No. Z 001 768 350
Certified Mail No. Z 001 768 351
Certified Mail No. Z 001 768 352
Certified Mail No. Z 001 768 353
Certified Mail No. Z 001 768 354
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952616
Longmont Capital Annexation
July 31, 1995
Page 2
Frederick Area Fire Protection District
P.O. Box 129
Frederick, CO 80530
Carbon Valley Recreational District
555 8th
P.O Box 119
Frederick, CO 80530
Weld Library District
2227 23rd Avenue
Greeley, CO 80631
United Power
P.O. Box 929
Brighton, CO 80601
Town of Firestone
P.O. Box 100
Firestone, CO 80520
City of Dacono
P.O. Box 186
Dacono, CO 80514
Certified Mail No. Z 001 768 355
Certified Mail No. Z 001 768 356
Certified Mail No. Z 001 768 357
Certified Mail No. Z 001 768 358
Certified Mail No. Z 001 768 359
Certified Mail No. Z 001 768 360
Re: Kellogg Annexation to the Town of Frederick
To Whom It May Concern:
IN COMPLIANCE WITH THE PROVISIONS OF SECTION 31-12-108(2) C.R.S.,
please find enclosed a copy of the published Notice, together with copies of the Resolution and
Petition concerning the annexation to the Town of Frederick of territory therein described. The
provisions of annexations laws of the State of Colorado require that such mailing be made to the
Board of County Commissioners of the County, the County Attorney and to each Special District
or School District having territory within the area to be annexed.
Very truly yours,
M. Renee Lier
MRL:mde
cc: Town of Frederick
Enclosures
RESOLUTION NO. 95-R-11
WHEREAS, a petition for annexation of certain property has been filed with
the Board of Trustees of the Town of Frederick; and
August, 1995.
WHEREAS, the Board of Trustees has reviewed the petition; and
WHEREAS, the Board of Trustees wishes to permit the consideration of the
subject property for annexation and for zoning, if requested in the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and desires to
adopt by Resolution its findings in regard to the petition;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, as follows:
1. The petition, whose legal description is attached hereto as Exhibit A and
incorporated by reference herein, is in substantial compliance with the applicable laws of
the State of Colorado.
2. No election is required under C.R.S. §31-12-107(2).
3. No additional terms and conditions are to be imposed except those
provided for in the petition.
4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with C.R.S. §31-12-104, and with
C.R.S. §31-12-105, and will hold a public hearing to determine the appropriate zoning of
the subject property if requested in the petition, at the Frederick Municipal Building,
Frederick, Colorado 80530, at the following time and date:
Thursday, September 28, 1995, at 7:30 p.m.
5. Any person may appear at such hearing and present evidence relative to
the proposed annexation or the proposed zoning.
6. Upon completion of the hearing, the Board of Trustees shall set forth,
by resolution, its findings and conclusions with reference to the eligibility of the proposed
annexation, and whether the statutory requirements for the proposed annexation have been
met, and further, will determine the appropriate zoning of the subject property if requested
in the petition.
7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws of
the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing
the subject property to the Town of Frederick, and shall pass one or more ordinances
zoning the subject property if requested in the petition.
INTRODUCED, READ, SIGNED AND APPROVED this 10th day of
ATTEST:
Karen Borkowski, Town Clerk
TOWN OF FREDERICK
By
Carmen De Santis, Mayor Pro Tem
PETITION FOR ANNEXATION
TO: Board of Trustees Of The Town of Frederick, Colorado
FROM: Petition Known As: Kellogg Annexation
The undersigned landowners, in accordance with the provisions of Sections 31-12-101, et seq,. 126,
C.R.S. and known as the Municipal Annexation Act of 1965, as amended, hereby petition the Board of
Trustees of the Town of Frederick for annexation to the Town of Frederick the following -described
unincorporated area situated and being in the County of Weld, and State of Colorado, to -wit:
(See Exhibit A attached hereto and incorporated herein by reference.)
Your petitioners further state to the Board of Trustees of the Town of Frederick, Colorado, as follows:
1. That it is desirable and necessary that such area be annexed to the Town of Frederick,
Colorado.
2. That the area sought to be annexed to the Town of Frederick meets the requirements
of Section 31-12-104 and 105, as amended, of the Municipal Annexation Act of 1965,
in that:
a. Not less than one -sixth (1/6) of the perimeter of the area proposed to be
annexed will be contiguous with the existing boundaries of the Town cf
Frederick, Colorado.
b. A community of interest exists between the area proposed to be annexed and
the Town of Frederick, Colorado.
c. The area proposed to be annexed is urban or will be urbanized in the near
future and said area is integrated or is capable of being integrated with the
Town Frederick, Colorado.
d. 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:
(1) is divided into separate parts or parcels without the written consent of
the landowner or landowners thereof, unless such tracts or parcels are
separated by a dedicated street, road, or other public way.
(2) comprising 20 acres or more and which, together with the buildings
and improvements situated thereon, has a valuation for assessment in
excess of $200,000.00 for ad valorem tax purposes for the year next
preceding the annexation is included within the area proposed to be
annexed without the written consent of the landowner or landowners.
e. No annexation proceedings have been commenced for the annexation to
another municipality of part or all of the territory proposed to be annexed.
f. The annexation of the area proposed to be annexed will not result in the
detachment of area from any school district and the attachment of same to
another school district.
7. That upon the Annexation Ordinance becoming effective, all lands within the area
sought to be annexed shall become subject to all ordinances, resolutions, rules and
regulations of the Town of Frederick which shall become effective on January 1 of the
next succeeding year following passage of the Annexation Ordinance.
8. That. by the date that is ninety (90) days after the effective date of the Annexation
Ordinance, the petitioners will request that zoning be granted by the Town of
Frederick.
9. That in the event an Annexation Agreement satisfactory to both the petitioners and the
Town of Frederick, Colorado, is not entered into and fully executed on or before the
date of adoption of the Ordinance to effectuate the annexation contemplated in this
Petition for Annexation, the petitioners may withdraw their signatures from this Petition
for Annexation, the effect of which shall be as if no petition had ever been executed
and filed with the Town of Frederick.
therefore, your petitioners respectfully request that the Board of Trustees of the Town of Frederick,
Colorado, approve the annexation of the area proposed to be annexed.
Whenever from the context it appears appropriate, each term stated in either the singular or plural will
'nclude the other, and pronouns stated in either the masculine, feminine or the neuter gender will
include each of the other gender.
Name Kellogg Annexation (Ed Kellogg -Bart Kellogg - 1031 Corporation)
Address 4515 Wellington Road Boulder, CO 80301
Legal Description See Exhibit C
STATE OF COLORADO,
ss.
COUNTY OF WELD.
Subscribed and sworn to before me this
by (I ea) q. 6 (C.p,c,c
JU
Witness my hand and official seal. /,//
My commission expires: '� " = I- C,lo
STATE OF COLORADO,
COUNTY OF WELD.
Th
by 7YL{. hoc
ss.
Subscribed and sworn to before me this
Witness my hand and official seal. My commission expires: / )' •-) / ""I/� b
day of
11 day of
/7/1 latec)g
A.D. 19 it ,
STATE OF COLORADO,
COUNTY OF WELD?
$�wttar
)
ss.
/63/ EA, o rater on
69422
Subscribed and sworn to before me this 30 14'day of �.f v , A.D. 19_,
L.tnr_'tri 44. Spu..r to t (c &.s Vice - Pres, clef f o -G' Io3 t COrpo re—frayl
Witness my hand and official seal.
UT COMMISSION txpia s JAN. 2.
My commission expires:
STATE OF COLORADO,
COUNTY OF WELD.
) ss.
1999
Notary Public
The undersigned, being first duly sworn upon his/her oath, states: that he/she was the
circulator of the attached petition for annexation, and that each signature therein is the signature of the
person whom it purports to be.
Subscribed and sworn to before me this
by lrIE?. \ <TICYACV\
Witness hand and official seal. My commission expires: a _a _ Ci / f
day of L) 111 ✓LF (/// , A.D. 19 41,
r b i A
Form No. 1056-4-C (CO -87)
SCHEDULE C
Commitment No.: 3857
The land referred to in Schedule A is situated in the State of Colorado, County of
Weld , and is described as follows:
The Northwest Quarter (NW1/4) of Section Twenty-four (24), Township Two (2) North, Range
Sixty-eight (68) West of the 6th P.M., County of Weld, State of Colorado.
EXCEPT a tract of land as conveyed by Deed recorded in Book 1640 at page 287, more
particularly described as follows:
Beginning at a point on the West Line of the Northwest Quarter (NW1/4) of Section 24 frc
which the Northwest Corner (NW Cor) of said Section 24 bears North 1211.67 feet;
thence East 238.0 feet;
thence South 183 feet parallel to the West Line of the Northwest Quarter (NW1/4) of said
Section 24;
thence West 238.0 feet;
thence North 183 feet along the Line of the Northwest Quarter (NW1/4) of said Section 24
to the Point of Beginning.
-.LSO EXCEPT A parcel of land situated in the Northwest Quarter (NW1/4) of Section
Twenty-four (24), Township Two (2) North, Range Sixty-eight (68) West of the 6th P.M.,
County of Weld, State of Colorado, being more particularly described as follows:
Beginning at the Northwest Corner (NW Cor) of said Northwest Quarter (NW1/4);
thence Scc-.: 89° 42' 53" East, 2584.16 feet along the North Line of said Northwest Quart
(NW1/4) to a point 80 feet West of the Northeast Corner (NE Cor) of said Northwest Quart
(NW1/4);
thence South 00° 14' 03" West, 762.91 feet, parallel to the East Line of said Northwest
Quarter (NW1/4);
thence North 89° 42' 53" West, 1167.74 feet to a point on the centerline of a concrete
ditch;
thence along the centerline of said ditch, South 01° 37' 50" West, 84.71 feet;
thence North 89° 42' 53" west, 759.79 feet;
thence North 00° 01' 20' West, 199.07 feet;
thence North 89° 42' 53"•West, 650.78 feet to a point on the West Line of said Northwest
Quarter (NW1/4);
thence along the West Line of said Northwest Quarter (NW1/4), North 00° 01' 20" West,
648.54 feet to the Point of Beginning.
HOME
Naicelie rebyMenOdNMIMad
of IntiNm of the Town of lr.drlc( we
Mid a Public Nearing commencing l::30PIT.th. r s . 5.
.lee
Yf, Mar& Municipal Moans 333
M. al& Cabral° 80516
Me pupae of the Mb: Neai.g
M be to Mfeentne Maier mean
popply for WNaT an Opalalbn
pennon Me been fled meet. IM
ofe slot. Colorado
�ne Slab a Capado aid I MOM
la arle.onan lathe Town a N.d.d5.
RM MOa Exhibit
la Xis iae
ed I
&lamhereto ExhibitA t A od
Incorporated by admen.lwen,
Hearing end Anypn.n be head
lIo nPutIC
.0.
K
molly under brr e9' coneRIIP, deV
DATED Its IDn day of Appel. 1195.
TOWN O FREDERICK COLORADO
Sy:
In Eaten Mama)
TowPUWned in Me Forma I Mew Miguel
16.23. b. 1plenor 6.1995
ESMMOA
KNEDMIC
the land lasted to n Schedule A I
Mhdl.d in the Stale of Colorado,
County of Wed and is described
Mows:
Me Northwest Choler (NWI/6) of
SeClbn TwpNAOM (24), Iowlelr, Two
(2) Nam. Paige Sbly.egn (M) Wes of
me 6th P.N.. Coney a Web, Stop a
CalaadO.
ENCE Pf a Imo a end a convoyed
MOM, lecaaM b 3005 I eta al pogo
211, mole paaaoM detained a
keens:
est
Line beginning
(Nwl//4)
of Sec Icn 24 from wIch the Namwltl
Cane(Nw Cs/noticed bcl n2s)Ilea.
Noah 1211.67 Met thence Ea) 236.0
feet: thence Soule 163 feel pane to
IM Wen lM d the Naterrl Quarto
(N WI / 4)acldSecWn SE;menc. west
25S.Ol.r: meceNaln 1131ee along
Its. IM of IT. Northwest Moiler (NW
IN or m Span 24 to Me Ponta
1phlnep.
ALSO EXCEPT A parcel of land
bualb in the Northwest Mater (NWI/
/
4) a section twenty -10u (24). IownNSP
Two (2) Nalh. MVO Sntyapnt (M)
Wen a the 6th P.M.. County a Weld.
Stale of Colorado, being mom
PaniMyOrclped a Mows)
-Ie9fti at Ps Northwest Comer
(NW Ca) of said Namwee Wan.
(NwI/6) Renee South 19'42'53. EC&
251@ 1el.r along the NaY/iLl,. asap
Northwest Qualler (NW I/4) to a pail
M Mel west a O. NarNWN Comer
(NE ca) am Nwnw.e aline. (Nw l /
0; thence South a01e79• WM.162.91
feel. pane to the Fes LM a lad
Northwest Marta (NW I/4): Mae
WM1942'53• WM. 1167.74 feet toa
pall On the Canteens of a Concrete
deck thence pap the centerline of
sad MP SWm01.3710 Well. 64.21
Net theme Nam 10142'53• West.
769.79 NM: Iherp. Nam 7991'20•
Wee. 199.01 feel; pence Noah
NY253 W.d.6I0RNe bapwnl on
Me Will EMofsold NalhwMiDatel
RMIsad H Mlest i Q�et(MI/ lhe LMo1
(MI/ 4). Nam
7901'20• WM.6@.64M1 lathe Paint
IMORIMM N2.111•T1
WHEREAS.opeam for annealon
a certain Paperer habeas IMd with
N. Mad Of Mine a the Town of
Frederic and
WHEREAS. Me load ofTlraeee b
bd.w.d lMamlal: and
WHEREAS. the load Of Trustees
wills to plait the ea.dronon of
R.agedNaope yfa mie.abnand
loo lo faring I requested In WM melon;
WHEREAS. Me load Males ha
reviewed the petition aid Calla to
adplppeeoillbnoYbeprnregaa
TO he plan:
HO W. EIEPtPO0E.IM RE5OL9(D IY
THE WARD OF IMUSTEES OF ME TOWN
DEEIEOe(HCIc COLORADO. Weems:
1. The pennon whale legal
dac6s000Yalbthea hereto of le&
A abtcolaaoNdb ramie lawn.
ten,
is 11 Wlaay compbce wit. the
appbaYeload Ia51CIealCaaab.
2. NdaeclatlleaiedunaaCAJ.
13612101(2).
3. Pie oddlad 1.0% aid conaitlool
Ore to be Imposed except (hole
Provided la r the pennon.
4. The load of trustees al hold a
public healing for the purpose of
deMlmeWgf Meproposed awre.albn
canp5.wblC.PA 15115-101, abwlm
C.R.S.13412.105. and WI a Slip public
to delta, the apaanle o
loning of the stabled property If
sea. W hldnthepeNdtaMNederik
Municipal Sulking. Nederol. Colorado
MM, al Miaowing One aid dale:
beepoy.aSeptember a1w5,
I A9' W palm mg appeal OI ecn
hearing ad prawn evidence NbMe
b IM aapaed aneeelmn a the
cor101Men a Me heap,
Me bad of Rode@ MI eel fah, by
01111 enee to m Ally Me
e
ao0aedal.Wlbn aid wMMr the
IbNbryr.p/wnresla Tepropoesd
annekonorthovebe nnef.a d Weer.
Mdetem.le lMapaaabteroNgOf
ne eMecl Papelty IMM•51.d
7.
01 I
Z. Sd. Salad ofconec
by Ieialulbn. that CISaP cedstatutory
IlQl*wMnnhavene been men ad that
MaosofManre a Colopr sir
1e load of
of IM Stale a Cabrodo. N.
laxaaceNen slot annexing tae a mole
oprdlnanoe lawothe subject
property b the lawn a lr.dercl. and
eriCeposi MOO
a bate aebrlcn fo.w,g
the aa
the ladl aopedy l IpuMedin IM
pennon.
INTRODUCED. READ. SIGNED AND
APPROVED ITmdaaArpud. 1995.
TOWN Of RiOfIICE
Si Is/ Cemer De Seas
Meyer M fern
APEST: /W Cp.r labwdi
Town CI.E
EMMA
ea MMIC
1. lad MenM loin Schedule A M
aWte nIMSIObaCoMMO.Co.sly
al W W, and if Mabee a blowc
The NaMW.N Howler WW1 1q Of
Mann Twenty -low R0. Towms Iwo
(2)Nalk Pape i.ty•ebQllt (el) Wed Of
the eta P. M.. County of Weld. Mole Of
Calaado.
EXCEPT o had and acanpyea
by ecpa.anlapc esotaage
261. mot bbl. mae pallculaN described op
bows:
Beginning pa aline the We.IIM
of the Naawea Quarter MW N.) Of
Comer Section 24 from which Me Nphw l.lt
C Nor(NW ca)abMe26 b bcnan
Nall, 121)6) tar: thence Eat 2310
Ipt: eerie Swum 113 leel Nana to
(N Will ter of MeNaewed wale
w I /.) a did Section 24: m.nc. Welt
.DNel: mpdeNam 112 leaf ping
MIMp'WNnr!aµtoupMr(NW I/
I of Wp'Sect,. 16 to Ine Point of
le ALSO
I teeNa •. meet of landMdIMnIMNallm.p (2)rM(NW II
T)aSection aweSinv (24). Tone Wed
Tw(Z)Nam.rmamino. we llinoweb
Cob.6d , iner of patiouba
caalaed.being(Cmole aa111CWarly
d..madafalavc
SeVewp a the Ndawee Caner
(NW Ca) a sad Northwest Quarter
(NWI/I) thence Saum 1r42'13• East.
2694)6 Met along the North lM Maid
Northwest Maier (N W I N) Ise o pant l0
Ml Will a the Npw.al Canes (NE
Ca) of Rio Northwest gala (NOP I /4):
ne c.nNl,M•M'03' WM,262,91 reel.
aaaNbl W EallMpladNglheM
Wet 114 Met To d poi& On the
centIlM of a canon Mich: /hence
abgt eclnl.b,b Mold arch, South
Olo75vw.a. a.Slleec me d. Nom
N•a'5rwe5, 159.ryMe:m nceNam
Nark W W.Iw.011 etehe ceNam
N•42' 53' wee.51O11 feel b a Mellen
the West lee of sob Names Duple.
Mwl/Q: mace Mpg the Wed IM Of
said Wetherell Owner (NW' / 4). Nam
7901'20 WM. 641.64 Mel to Me Point
of Beaming.
Mashed In the Former a Miner August
le. 23. 50 SePenbe 51995,
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