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Home My WebLink About980232.tiff D O N J . H OFF 1 JE1 n rh'i\' ;‘'Tv 1025 9TH AVENUE, SUITE 309 • GREELEY, COLORADO 80631 ATTORNEY AT LAW pr,t TELEPHONE 970-356-6767 • TELECOPIER 970-353-7504 !net ! 1 / I:'1 9: 24 CLEFK January 15 , 1998 TOlFv- Clerk to the Board County Commissioners 915 10th St . Greeley, CO 80631 Enclosed please find a Petition for Annexation regarding the Town of Kersey and Platte Valley School District RE-7 , map of the proposed Annexation, map of the Town of Kersey and the Annexation Impact Report . Also enclosed is Resolution 1201 finding that the annexation is in substantial compliance with C.R. S . 31-12-107 (1) and setting a hearing on January 6 , 1998 at the hour of 7 : 00 p .m. (which notice has been amended to February 10 , 1998 at the hour of 7 : 00 p.m. ) , at which time the Board of Trustees will consider whether or not to annex the described property. Sincerely, Don J. Hqf DJH: th Enclosures J 1/447rf 980232 CC: Pt;PA);FIG;04;owiso PETITION FOR ANNEXATION The undersigned are the owners of 100% of the property proposed to be annexed, inclusive of streets and alleys, which property is described in Exhibit"A", attached hereto and made a part hereof, hereby petition the Town of Kersey for annexation of the property described in Exhibit "A" (the "Property"), in accordance with the provisions of Part 1 of Article 12 of Title 31, C.R.S. In support of this petition,petitioners state: I. It is desirable and necessary that the Property be annexed to the Town of Kersey. Annexation is desirable and necessary to be eligible to receive police services, water and sewer service and street maintenance from the Town of Kersey. 2. The requirements of the applicable provisions of section 31-12-104 and 31-12-105, C.R.S. exist and have been met. The proposed Property to be annexed meets the applicable provisions of section 31-12- 104 relative to 1/6 of the perimeter of the area proposed to be annexed is contiguous with town boundaries and there exists a community of interest. The proposed property to be annexed meets the applicable provisions of section 31-12- 105 with some need for discussion relative to 31-12-105(1)(f) and the extension to the east of Campbell Street. . 3. Not less than one-sixth of the perimeter of the Property is contiguous with the Town of Kersey. The entire area under discussion in this annexation agreement encompasses the area identified as Tract#1 and the area of the football stadium and land lab, however based upon potential restriction brought to annexed areas by ordinance, some area may be excluded.. The perimeter of the entire area is 7,117.65 feet. The western border measuring 1,306 feet is contiguous with the Town of Kersey. 18.35% of the perimeter is contiguous with the Town of Kersey, thereby meeting the one-sixth (16.67%) of perimeter requirement. If agreements were made whereby the entire area is annexed we meet the 1/6th criteria, therefore if less than the entire area were to be annexed we would likewise meet the 1/6th criteria. 4. A community of interest exists between the Property and the Town of Kersey. The school district's facilities and programs are substantially the focal point of the Town of Kersey and the facilities are heavily used by the Kersey Recreation Department for the various recreational activities. In addition, there are numerous organizations such as, Boys Scouts, Girls Scouts, Kersey Area Chamber of Commerce, Aims College, numerous 4-H clubs, that use various school facilities for meeting and various other functions. Page 2 5.The Property is urban or will be urbanized in the near future. The western boundary of the Property is adjacent to the Town of Kersey and is surrounded by land that is prime land for development as it has relatively easy access to Highway 34 and is within a half mile of rail siding. With these attributes it is likely the area will be develop in the near future. 6. The Property is integrated with or capable of being integrated with the Town of Kersey. With the Property located where it is, once the annexation of the Property is completed, sewer and water service is installed and police service is implemented, I believe the Property will be substantially integrated with the Town of Kersey. 7. In establishing the boundaries of the Property, no land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road or other public way. The only parcel of property owned by the school district and separated from this land is identified on the map as Tract#2 and is comprised of roughly 3.29 acres. It is divided from Tract#1 by U.S. Highway 34. However, based on ordinances of the Town of Kersey it may be desirable to hold from annexation the easternmost portion for use as a land lab by the Future Farmers of America. 8. No land held in identical ownership comprising twenty (20) acres or more which has a valuation for assessment in excess of Two Hundred Thousand Dollars ($200,000) for the preceding tax year has been included in the boundary of the Property without written consent of the landowner. Not applicable as all the land under this request is under the ownership of one landowner nor is the value in excess of$200,000. 9. No annexation proceedings have been commenced for the annexation of all or part of the Property to another municipality. This is the only annexation proceeding for the Property. 10. Annexation of the Property will not result in the detachment of area from any school district or attachment of area to another school district. There will be no detachment of area from a school district or attachment of area to another school district as a result of this proposed annexation. Page 3 11. Upon the effective date of the Annexation ordinance, all lands within the Property shall become subject to all ordinances, resolutions,rules and regulations of the Town of Kersey, except for general property taxes of the Town of Kersey, if any, which shall become effective on January 1st of the next succeeding year following passage of the Annexation ordinance. It is with this understanding that we proceed with the annexation proceedings, with concerns as identified for the easternmost portion and with the school district desiring to discuss annexation of the stadium area that is currently under a septic system and separate water supply. The property is owned by and used for school purposes and therefore is tax exempt. 12. Petitioners are owners of more than fifty percent (50%) of the territory included in the area proposed to be annexed exclusive of streets and alleys, and comprise more than fifty percent(50%) of the landowners of such area, and are, in fact, owners of one hundred percent (100%) of the area proposed to be annexed,exclusive of streets and alleys and said owner attesting to the facts and agreeing to the conditions herein will negate the necessity of an annexation election. Petitioners are owners of one hundred percent(100%) of the area proposed to be annexed to the Town of Kersey. 13. Accompanying this petition are four copies of an annexation map showing the seal of a registered engineer or land surveyor,containing: a. A written legal description of the boundaries of the Property proposed to be annexed; shown as Exhibit A b. The boundary of the Property and the boundary of the Property contiguous with the Town of Kersey and any other municipality abutting the Property; shown as Exhibit B c. The location of each ownership tract of unplatted land, there being no platted land on the Property; as shown in Exhibit B d. The total acreage, more or less, of the Property; 63 acres, more or less_ e. The total length of the perimeter of the boundary of the Property and the length of the boundary of the Property contiguous with the Town of Kersey; Page 4 Total length of boundary of property is 7,117.65 feet; total length of boundary contiguous with the Town of Kersey is 1306.00 feet. 14. 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. Exhibit B details the distances of Property from Town of Kersey boundaries 15. The area proposed to be annexed is located within: Weld County, and Platte Valley School District and the Kersey Fire Protection District. Yes, the area proposed to be annexed lies within the boundaries of all three entities. 16. 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. Not applicable since the landowner of all the property in question is the school district. 17. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. The Property proposed to be annexed is not a part of any incorporated city, city and county, or town. 18. No vested rights to use or develop the Property in any particular way, as defined in Section 24-68-101,e1, seq., C.R.S. have been requested by Petitioners from any governmental entity. Petitioners waive any vested land use rights attached to any or all of the Property. The easement to the Town of Kersey for water drainage is the only current use needing to be addressed. Plans for maintaining the easement are in process. 19.Petitioners shall dedicate all water rights for the Property to the Town of Kersey as required by ordinance. The water rights were not purchased with the Property. 20. The Property Owner shall pay all fees and costs incurred by the city in processing this annexation petition through the annexation hearing before the Board of Trustees. Page 5 The Property Owner understands that all fees and cost associated with processing this annexation petition through the annexation hearing before the Board of Trustees will be borne by the Property Owner. 21 The petitioners acknowledge that upon annexation of the Property to the Town, the Property, the owners thereof, and uses thereon will be subject to all taxes and fees imposed by the Town. The Property Owner acknowledges that upon annexation of the Property to the Town, the Property, the owners thereof and uses thereon will be subject to all fees imposed by the Town. The Property Owner, being a public school district, is not subject to taxes imposed by the Town. • WHEREFORE, the undersigned petitioners request that the Town of Kersey approve the annexation of the Property. C Property Owner: �j Dated: �Ct l i/f t 0-t' t t�%&v 1, P' 49,442, #� Name Mailing Address: 40 470/— LEGAL DESCRIPTION Legal Description of a parcel of land located in the Northeast Quarter of Section 21, Township 5 North, Range 64 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows; Beginning at the North Quarter Corner of said Section 21 and considering the North line of the Northwest Quarter of said Section 21 as bearing North 89'44'07" East and with all bearings contained herein relative thereto; thence South 00'45'53" East 30.00 feet to a point on the South right—of—way line of U.S. Highway 34; said point being the TRUE POINT OF BEGINNING; thence along said South right—of—way line the following eight courses and distances; North 89'44'10" Eost 799.73 feet; thence South 00'20'21" East 30.00 feet; thence South 85'42'33" East 377.78 feet; thence South 72'43'48" East 419.12 feet; thence South 56'43'34" Eost 400.91 feet; thence South 6917'22" East 225.67 feet; thence South 43'32'16" East 576.68 feet; thence South .13'53'14" East 410.33 feet; thence departing said right—of—way line South 89'45'50" West 2601.43 feet; thence North 00'45'53" West 1306.00 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 63.438 acres more or less; { { —_— -.- — ,urin Coal ylna-m km)•WY lea-,n Intl It PI "m"^.10 PI•""' P. 1 me an AO 100H�S A3SM3N 4. .: •" .. _ YOA)NIOVYY)MM'ILYIWLM]YY/p))NIOn) Ia 8 AO dYll 3115OdWOO�u I. L 'wt oYlroaiworu H,ewpuelt a a E S SlOO11O5 A311VA 3l1Vld Y ,..o)k S I 1 Yao) , %T� • v Y i Y frs I y , / / ygygyqryq 3{ \ ` 1t,i \ ' I � 3 Cl) I— g � . . / te LiJ EY gg y \� P, S �, � /� 1 l � i / d 1 • O /, I1i1 /� .A / ; . VIII _ r 11� _. a c I i O t'O r ) ' ', 1 Y (/7 l vIL 1 I_I / 0 e�� t t' i • O CD I 1J (/) t lai Y 1 O / � II • - ;I i - a 'ta • . • I : dd ) d1 "e0• 10 •044 US . Il. ............. . ................ . .... ..........- / // ml 1,I, I --I I,':1 I , ,). 1, 1 , ei'lu • r, ir , l - pil $ }II HOLM+ I EUGENE L. 8: a# gl HELEN D r ' I. UDr u PAUL r 2,,s . ‘‘' � o GUNTHER 0 — , I � a I al HOSHIKOo3 cc iv , • Re '7 La V Z B •ERTHA E. z z Jx li! 4 (Co STATE C J �� BROwNLEE da arVm to21- I 4t . xvl C �UJ Q V • d I DOUGLAS a LINDA I: I p—Ja H.N. 1C CIL J. a M SHAFFER DO AXEL- SHIRLEY J. v ALTA E . JESSE BANEK-�, Q ax SON I HOWARD $ DUNN HOSHIKO CECIL a/ :BEN L. a FARMS FREDA F KLEIN SHIRLEY BYRA F HOWARD • GILLHAM INC. CENTENNIAL LOUIS L: a LUCILLE C. KATHLEEN L. S. ' AG SUPPLY CO. BERRYMAN RE-7 JAMES O. a JOSEPHINE $ DWELL BETSY A. KLEIN NELEANOR E . KLEIN KOHLER r��STEPHEN W. 7.KRAMER .I& /wW � •E.H.aGLADYS e .��; ,, � „ e\ K ERSEY IKER" oNw M0WERY +.-toss SURD. "e MARY E. ox ItWNp.MG �� KEVIN S. ;wl LARRY J. a ROBERT L. & 43" MICHAEL W. ar 'CHESNU. cc �c LAURA N JANET K. BARBARA J. ` PAMELA A. car- a cow � % JOHNSON MILLER HOFF `'*.. GUTTERS 0 1'l'@DE.BEHRMANN GEORGE H. (3J ESTHERHERGENRE' ELIAS a B JENNYRAE BEVERLY OTTENHOFF P a A TURKEY YBARRA J, E. RICHARD a FARMS INC. M.H. ICHN MEAN a . LINDA R. a �a ROSKOP CHURCHILL POWELL Cur I' • f ` 3 O CC F- IB 0 ' PO MICHAEL 8 " WM.H. 9 m .J o MELVIN a CASSNMAN SHIRLEY W a = O DRUG ICHR AE ADAMSOI 3 CC O Y' TRUST ( W 2U H.E.J . e KE CIA � � + WZS ~" FERN ITH E.C. a ERNA cHJ 0 G- I- (-) �i MINOR q cure c T p a _ HARDINp °- CHCC < w J J n.; jrNP%2S........sir.)( DNB JIMMIE H. B HEIRS OF THISTLE DOWN , CROSS CHARLOTTE L oss ALICEL GLADYS cHs—• HOFFMAN INC. HENDRICK JOE AMAT0cHT TRUST • MILLER J. cIN c RENWICK elal ", CHw BAILEY 3 I w ti f--- a�� w cllx WILLIAM a • `'!� PLATTE VALLEY SCHOOL DISTRICT RE-7 IMPACT REPORT Pursuant to C.R. S . 32-12108 . 5 (1) the following information is provided with this report : A. A map of the territory to be annexed indicating where the property is adjacent to the Town of Kersey. B . No plan for water mains, sewer interceptors, utility lines or streets has been developed. C. It is anticipated that a portion of the property will be used for construction of a new school site, new school facilities, a portion of the property will be used for a school land lab and a portion of the property may be developed into single family residences . The only immediate plan is the construction of a new school and expansion of the playground and sports facilities . D. No copy of the annexation agreement is available at this time . E . All water and sewer service and all other municipal services will be provided by the Town of Kersey. F. Any infrastructure required to serve the annexed area will be provided by the property owner. G. The districts which exercise control over the property to be annexed are : 1 . Aims Community College 2 . Platte Valley Fire Protection District 3 . North Colorado Water Conservancy District 4 . Weld County Library District 5 . 911 Emergency Telephone Service H. No statement regarding the affect of the annexation upon the public school is enclosed as this property is owned by School District RE-7, and the School District has control of the effect on the School District . January 13 , 1998 TOWN OF KERSEY RESOLUTION NO. ( 2 O 1 A RESOLUTION FINDING THAT THE PETITION FOR ANNEXATION OF THE PROPERTY OWNED BY PLATTE VALLEY SCHOOL DISTRICT RE #7 IS IN SUBSTANTIAL COMPLIANCE WITH C.R.S . 31-12-107 (1) AND SETTING A DATE FOR A HEARING BEFORE THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO TO CONSIDER THE ANNEXATION OF THE AREA PROPOSED TO BE ANNEXED. WHEREAS, the owners of 100% of the property have filed a Petition for Annexation of such property to the Town of Kersey; and WHEREAS, the Board of Trustees has determined that the Petition is in substantial compliance with C.R.S . 31-12-107 (1) and that a hearing on such annexation should be scheduled as provided by law. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF KERSEY, COLORADO: Section 1 . The Board of Trustees hereby accepts the above- described Annexation Petition and finds and determines that the Petition for Annexation of the property owned by the Platte Valley School District RE #7, and more specifically described in the property description attached hereto as Exhibit "A" is in substantial compliance with the requirements of C.R.S . 31-12-107 (1) and section 30 of Article 2 of the Colorado Constitution and the Town of Kersey desires to initiate annexation proceedings in accordance with law. Section 2 . The Board of Trustees hereby sets a public hearing for the 6th day of January, 1998, at the hour of 7 : 00 p.m. at the Town Hall, Town of Kersey, 332 3rd Street, Kersey, Weld County, Colorado, for the purpose of determining whether the area proposed to be annexed meets the applicable requirements of C.R.S . 31-12-104 and 31-12-105, and to determine whether the area should be annexed to the Town of Kersey. Section 3 . The Clerk is hereby directed to publish notice of this hearing once each week for four successive weeks in the Central Weld VOICE, the designated newspaper for the Town of Kersey. PASSED, ADOPTED AND APPROVED THIS 11TH DAY OF NOVEMBER, 1997 . TOWN OF KERSEY: BY: (� Mayor AT EST: T n Clerk AMENDED NOTICE Notice is hereby given that on the 10th day of February, 1998 , at the hour of 7 : 00 p.m. , at the Kersey Town Hall, located at 332 3rd Street, Kersey, Colorado, the Board of Trustees of the Town of Kersey will hold a public hearing on a Petition for Annexation of property owned by the Platte Valley School District RE-7, which property is more specifically described in Exhibit "A" attached hereto which contains the proeprty description attached to the Resolution accompanying this Notice . The hearing is for the purposes of determining and finding whether the area proposed to be annexed meets the applicable requirements of C.R. S . 31-12-104 and 31-12-105 and Section 30 of Article II of the Colorado Constitution, to determine eligibility of the area for annexation and to determine if the area should be annexed to the Town of Kersey. The area proposed to annexed is property owned by Platte Valley School District RE-7 and is adjacent to the school property located in the Town of Kersey and is contiguous to the present east boundary of the Town of Kersey. The Petitioner for Annexation and accompanying maps are on file in the office of the Town Clerk at the Kersey Town Hall and may be inspected during normal business hours . Given by order of the Board of Trustees . TOWN OF KERSEY Hello