HomeMy WebLinkAbout952610.tiffClip of fort Lipton
P.O. BOX 148
1305. MCKINLEY AVENUE
FT. LUPTON, CO 80621
PURE ROCKY MOUNTAIN WATER IN '96
THE "PROUD TO BE" CITY
LA CIUDAD "ORGULLOSA DE SER"
HOKORI NO MACHI
December 15, 1995
Clerk of the Board of County Commissioners
P.O. Box 758
Greeley, Colorado 80632
To whom it may concern:
COUNTY OF WELD
(303) 857-6694
This letter is to inform you that the City of Fort Lupton has established a date for a Public
Hearing to discuss an annexation petition. The Public Hearing will be a joint hearing of the
Planning Commission and the City Council. This hearing will be held at 130 So. McKinley, Fort
Lupton, Colorado, in the City Council Chambers. The hearing will begin at 7:00 P.M., on
January 10, 1996.
Attached is a copy of the Annexation Petition and the City Council Resolution establishing the
Date of the Hearing. The Annexation impact report will be mailed to you separately. If you have
any questions please contact me at 346-0326_
Sincerely,
Gerald A. Pineau
City Administrator
cc: County Attorney
PInlArbad.co n
/i /iG -l/-LL'Ger
���. , �L') l7)). AL),. !ti;c 0 952510
PETITION FOR ANNEXATION
TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort
Lupton and its City Council for annexation to the City of Fort Lupton of the unincorporated territory,
the legal description of which is attached hereto as Exhibit A and incorporated herein by this
reference, located in the County of Weld and the State of Colorado, and to be known as the City of
Fort Lupton Water Treatment Plant Site Annexation #1 to the City of Fort Lupton.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to
the City of Fort Lupton.
The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist
or have been met in that:
a. Not less than one -sixth of the perimeter of the area proposed to be annexed
is contiguous with the City of Fort Lupton or will be contiguous with the City
of Fort Lupton within such time as required by Section 31-12-104.
b. A community of interest exists between the area proposed to be annexed
and the City of Fort Lupton.
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 City of Fort Lupton.
e. No land within the boundary of the area proposed to be annexed which is
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 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, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate, comprises
twenty acres or more, and, 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
area proposed to be annexed for the annexation of such area to another
municipality. The area proposed to be annexed is not part of any incorporated
city, city and county, or town.
h. 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 Fort Lupton was held within the twelve months preceding the
filing of this petition.
i. The annexation of the area proposed to be annexed will not result in the
detachment of said area from any school district.
j. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the City of Fort Lupton more than three
miles in any direction from any point of the boundary of the City of Fort
Lupton in any one year.
k. The territory to be annexed contains 33.560 acres, more or less, in total
area.
1. Prior to completion of the annexation of the area proposed to be annexed,
a plan will be in place, pursuant to Section 31-12-105 (1) (e), C.R.S., 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 City of Fort Lupton, and the proposed land uses for the area.
m. In establishing the boundary of the area 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 area annexed, and reasonable
access will not be denied to any landowners, owners of any easement, or the
owners of any franchise adjoining any platted street .,.' which to he
annexed but is not bounded on both sides by the City of Fort Lupton.
n. If required, an impact report will be prepared and filed pursuant to Section
31-12-108.5, C.R.S..
3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the landowners
and own more than fifty percent (50%) of the property, excluding pubic 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.
4. Upon the annexation ordinance becoming effective, all lands within the area proposed
to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the
City of Fort Lupton, except for general property taxes of the City of Fort Lupton, which shall
become effective as of the January 1 next ensuing.
5. The zoning classification requested for the area proposed to be annexed is Heavy Industrial
District (I-2), as shown on the annexation map attached hereto and incorporated herein.
6. As an expressed condition of annexation, landowner(s) consent(s), if applicable, to petition
for inclusion into the Northern Colorado Water Conservancy District and the municipal
subdistrict pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs
associated with such inclusion. Landowner(s) acknowledge(s) that, upon inclusion into the
district and subdistrict, landowner'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 landowner's(s) lands. Landowner(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 has the authority to impose. Landowner(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.
The non-refundable annexation application fee of $300.00 is waived for this specific petition.
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton,
to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in accordance
with and pursuant to the statutes of the State of Colorado.
Land Owner(s) Name(s) and Signature(s)
Dick Wolfe, Mayor
Gerald A. Pineau, City Administrator
Mailing Address Date of Signing
The foregoing signature(s) was/were subscribed and sworn to before me this day of
, 19 , by
Witness my hand and official seal.
My commission expires on
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
Portions of the Southeast Quarter of Section 28, the South Half of Sections 26 and 27, the North
Half of Sections 34 and 35, and the Northeast Quarter of Section 33, all in Township 2 North, Range
66 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly
described as follows:
COMMENCING at the Northwest Corner of said Section 34, whence the North Quarter Corner of
said Section 34 bears N89 degrees 06 feet 57 inches East a distance of 2657.33 feet;
THENCE S87 degrees 18 feet 58 inches West a distance of 934.13 feet to the POINT OF
BEGINNING, said point being on the southerly line of Weld County Road 16 and the westerly line
of Weld County Road 31;
THENCE N00 degrees 32 feet 27 inches West a distance of 60.00 feet;
THENCE N89 degrees 09 feet 23 inches East along the northerly line of Weld County Road 16 a
distance of 903.36 feet to the westerly line of Weld County Road 31;
THENCE N79 degrees 40 feet 33 inches East a distance of 60.84 feet to the Southwest Corner of
the Second Filing of Aristocrat Ranchettes Subdivision as recorded in the Office of the Weld County
Clerk and Recorder in Book 9, Page 225 on February 25th, 1963;
THENCE N89 degrees 06 feet 57 inches East along the northerly line of Barley Avenue as recorded
in said Second Filing of Aristocrat Ranchettes Subdivision a distance of 2627.26 feet;
THENCE N89 degrees 06 feet 45 inches East continuing along the northerly line of said Barley
Avenue a distance of 2656.01 feet;
THENCE N89 degrees 14 feet 57 inches East continuing along the northerly line of Barley Avenue
as recorded in the Third Filing of Aristocrat Ranchettes Subdivision in Book 10, Page 7, Office of
the Weld County Clerk and Recorder on March 19th, 1963 a distance of 2627.35 feet;
THENCE S00 degrees 30 feet 12 inches East along the easterly line of the Southwest Quarter of said
Section 26 a distance of 10.00 feet;
THENCE N89 degrees 14 feet 58 inches East parallel and 30 feet northerly of the northerly line of
the Northeast Quarter of said Section 35 a distance of 842.34 feet;
THENCE N00 degrees 45 feet 03 inches West along the westerly line of the Ft. Lupton Water
Treatment Plant Site a distance of 10.00 feet;
THENCE N89 degrees 14 feet 57 inches East a distance of 315.03 feet to a point whence the North
Quarter Corner of said Section 35 bears S87 degrees 16 feet 11 inches West a distance of 1158.20
feet;
THENCE S00 degrees 45 feet 03 inches East a distance of 840.00 feet;
THENCE S89 degrees 14 feet 57 inches West along the southerly line of the Ft. Lupton Water
Treatment Plant Site a distance of 315.03 feet;
THENCE N00 degrees 45 feet 03 inches West along the westerly line of the Ft. Lupton Water
Treatment Plant Site a distance of 770.00 feet;
THENCE S89 degrees 14 feet 57 inches West parallel and 30 feet southerly of the northerly line of
said Section 35 a distance of 3468.54 feet;
THENCE S89 degrees 06 feet 45 inches West parallel and 30 feet southerly of the northerly line of
the Northeast Quarter of said Section 34 a distance of 2657.16 feet;
THENCE S00 degrees 29 feet 14 inches East along the North -South Centerline of said Section 34
a distance of 230.00 feet;
THENCE S89 degrees 06 feet 57 inches West along the northerly line of Parcels One and Two of
Thermo Annexation No. 2, effective March 25, 1992 by Ordinance No. 618, Ft. Lupton City Clerk's
Office a distance of 2324.53 feet;
THENCE N00 degrees 37 feet 08 inches West along the easterly line of the Public Service Company
of Colorado Ft. Lupton Substation Annexation, effective December 28, 1994 by Ordinance No. 94-
664, Ft. Lupton City Clerk's Office a distance of 230.00 feet;
THENCE S89 degrees 06 feet 57 inches West parallel and 30 feet southerly of the northerly line of
the Northwest Quarter said Section 34 a distance of 332.18 feet;
THENCE S89 degrees 09 feet 23 inches West parallel and 30 feet southerly of the northerly line of
the Northeast Quarter of said Section 33 a distance of 933.55 feet to the POINT OF BEGINNING.
PETITION FOR ANNEXATION
TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort
Lupton and its City Council for annexation to the City of Fort Lupton of the unincorporated territory,
the legal description of which is attached hereto as Exhibit A and incorporated herein by this
reference, located in the County of Weld and the State of Colorado, and to be known as the City of
Fort Lupton Water Treatment Plant Site Annexation #2 to the City of Fort Lupton.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to
the City of Fort Lupton.
The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist
or have been met in that:
a. Not less than one -sixth of the perimeter of the area proposed to be annexed
is contiguous with the City of Fort Lupton or will be contiguous with the City
of Fort Lupton within such time as required by Section 31-12-104.
b. A community of interest exists between the area proposed to be annexed
and the City of Fort Lupton.
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 City of Fort Lupton.
e. No land within the boundary of the area proposed to be annexed which is
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 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, whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate, comprises
twenty acres or more, and, 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
area proposed to be annexed for the annexation of such area to another
municipality. The area proposed to be annexed is not part of any incorporated
city, city and county, or town.
h. 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 Fort Lupton was held within the twelve months preceding the
filing of this petition.
i. The annexation of the area proposed to be annexed will not result in the
detachment of said area from any school district.
j. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the City of Fort Lupton more than three
miles in any direction from any point of the boundary of the City of Fort
Lupton in any one year.
k. The territory to be annexed contains 28.904 acres, more or less, in total
area.
I, Prior to completion of the annexation of the area proposed to be annexed,
a plan will be in place, pursuant to Section 31-12-105 (1) (e), C.R.S., 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 City of Fort Lupton, and the proposed land uses for the area.
m. In establishing the boundary of the area 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 area annexed, and reasonable
access will not be denied to any landowners, owners of any easement, or the
owners of any franchise adjoining any platted street or alley which is to be
annexed but is not bounded on both sides by the City of Fort Lupton.
n. If required, an impact report will be prepared and filed pursuant to Section
31-12-108.5, C.R.S..
3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the landowners
and own more than fifty percent (50%) of the property, excluding pubic 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.
Upon the annexation ordinance becoming effective, all lands within the area proposed
to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the
City of Fort Lupton, except for general property taxes of the City of Fort Lupton, which shall
become effective as of the January 1 next ensuing.
5. The zoning classification requested for the area proposed to be annexed is Heavy Industrial
District (I-2), as shown on the annexation map attached hereto and incorporated herein.
6. As an expressed condition of annexation, landowner(s) consent(s), if applicable, to petition
for inclusion into the Northern Colorado Water Conservancy District and the municipal
subdistrict pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs
associated with such inclusion. Landowner(s) acknowledge(s) that, upon inclusion into the
district and subdistrict, landowner'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 landowner's(s) lands. Landowner(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 has the authority to impose. Landowner(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.
7. The non-refundable annexation application fee of $300.00 is waived for this specific petition.
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton,
to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in accordance
with and pursuant to the statutes of the State of Colorado.
Land Owner(s) Name(s) and Signature(sl
Dick Wolfe, Mayor
Gerald A. Pineau, City Administrator
Mailing Address Date of Signing
The foregoing signature(s) was/were subscribed and sworn to before me this day of
19 ,by
Witness my hand and official seal.
My commission expires on
Notary Public
EXHIBIT A
LEGAL DESCRIPTION
A Portion of the Southeast Quarter of Section 26, and the Northeast Quarter of Section
35, both in Township 2 North, Range 66 West of the 6th Principal Meridian, County
of Weld, State of Colorado, being more particularly described as follows:
COMMENCING at the North Quarter Corner of said Section 35, whence the Northeast
Corner of said Section 35 bears N89 degrees 14 feet 57 inches East a distance of
2657.48 feet;
THENCE N87 degrees 16 feet 11 inches Eastwest a distance of 1158.20 feet to the
POINT OF BEGINNING;
THENCE N89 degrees 14 feet 57 inches East parallel and 40 feet northerly of the
northerly line of said Section 35, along the northerly line of the City of Ft. Lupton
Water Treatment Site a distance of 1499.98 feet;
THENCE S00 degrees 43 feet 59 inches East along the easterly line of the Southeast
Quarter of said Section 26 also being the easterly line of the Ft. Lupton Water
Treatment Plant Site a distance of 40.00 feet;
THENCE S00 degrees 34 feet 26 inches along the easterly line of the Northeast
Quarter of said Section 35 also being the easterly line of the Ft. Lupton Water
Treatment Plant Site a distance of 800.00 feet;
THENCE S89 degrees 14 feet 57 inches West along the southerly line of the Fort
Lupton Water Treatment Site a distance of 1497.50 feet;
THENCE N00 degrees 45 feet 03 inches West a distance of 840.00 feet to the POINT
OF BEGINNING.
Hello