HomeMy WebLinkAbout972744.tiffWELD GCL ITY
�::ryn7 n -n ! I r. C: 1! I
CLERK
TOTIC :,7:
December 9, 1997
County Commissioners
915 10th Street
Greeley, CO 80631
Dear Commissioner:
In accordance with 31-12-109(2), C.R.S., as amended, the City of Evans hereby notifies you, as
set forth in the attachments, that the City of Evans on January 6, 1998 shall hold a hearing
pursuant to 31-12-108(1), C.R.S., to determine whether the following described territory is
eligible for annexation into the City of Evans.
This annexation comprises approximately 3 acres of public rights -of -way. This annexation is a
result of an agreement between the City of Evans and the City of Greeley. The intent of the
annexation is for law enforcement, public safety and maintenance to be provided by one entity.
If you would like to submit any comments please do so by December 29, 1997. If you have any
questions not answered by the enclosed information, please feel free to contact me at 339-5344.
Sincerely,
Elizabeth Relford
Planner
Enclosures
i /,)/iS7 7
3700 Golden Street • Evans, Colorado 80620-2724 •1970) 339-5344 • FAX: (970) 33r "—
M.: It; red): G. - So; h�
972744
CITY OF EVANS
3700 GOLDEN STREET
EVANS, COLORADO 80620
970-339-5344
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition
for City Council of the City of Evans, Colorado, for annexation to the City of Evans the
unincorporated territory more particularly described below, to be know as 11th Avenue &
32ndStreet Annexation, 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 City of Evans;
See attached description.
2) Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Evans, Colorado;
3) A community of interest exists between the territory proposed to be annexed and
the City of Evans, 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 City of Evans, 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 to 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
separated by a separate dedicated street, road or other public way;
b) Comprising twenty (20) acres or more and which, together with the
Petition for Annexation
Page 2
buildings and improvements situated thereon has an assesses value in excess of
Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the
year proceeding 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, and the following
special districts:
Water Districts
Sanitation District
Fire District Parcels #1 -Western Hills Fire. #3 -Union Colony Fire
School District School District #6
Recreation District
Library District Weld Library
Ambulance District
Jr. College District
Other West Greeley Soil & Weld County
11) The mailing address of each signer, the legal description of the land owned by each
signed and the date of signing of each signature are all shown on this Petition;
12) Accompany 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;
Petition for Annexation
Page 3
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 City of Evans, 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 City Ordinance;
b) The owners shall participate in providing drainage plans and improvement and
payment of a unit drainage fee as may be required by the City 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 City 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.
16) The petitioner understands he will be responsible for costs incurred by the City of
Evans such as, but not limited to, advertising and recording fees.
Petition for Annexation
Page 4
PETITION FOR ANNEXATION
Executed this 18th Day of November , 19 97 .
3700 Golden Street
Evans. Co 80620
Address
The foregoing instrument was acknowledged before me this
J2mIQIJI. A.D. 19 �l ,
Witness my hand and official seal. My commission expires
Notary Public
8--h
la 3Moab
day of
******************************************************************************
Office Use Only
November 18. 1997
Date Received
Fees: N/A
Sign
CITY OF EVANS
RESOLUTION NO. 43-1997
RE: FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS FOR THE 11TH AVENUE/32ND STREET
ANNEXATION
WHEREAS, a written petition, together with four prints of an annexation map, was hereto
for filed with the City Clerk requesting the annexation of certain property to be known as the 11th
Avenue/32nd Street Annexation, more particularly described in the County of Weld, State of
Colorado, as follows:
See attached Exhibit A
WHEREAS, the City Council desires to initiate annexation proceedings in accordance with
the law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANS, COLORADO:
Section 1. That the City Council 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 City Council 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 Ati day of January 1998, in the City Council Chambers of the City of Evans, 1100 37th
Street, Evans, Colorado, at 7:30 p.m.
Section 3. The City Clerk shall publish notice of such hearing once per week for four
successive weeks in the Greeley Tribune, with the first publication at least thirty (30) days prior to
the date of the hearing. The City 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.
Section 4. This Resolution shall be in full force and effect upon its passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of Evans on this 18th day of November , 1997.
ATTEST:
"EXHIBIT A"
PARCEL #1
A parcel of land located in the Northeast Quarter of Section 19, Township 5 North, Range 65
West of the Sixth Principal Meridian being all of 11th Avenue Right-of-way as shown on the plat
of CRESTVIEW SECOND ADDITION, a subdivision of the City of Greeley, Weld County,
Colorado and further described as:
BEGINNING AT THE Southeast corner of said CRESTVIEW SECOND ADDITION and
considering the East line of the Northeast Quarter of Said Section 19 to bear South 00°00'00"
East with all other hearings relative thereto;
Thence South 89°35'40" West, 50.00 feet along the South line of said CRESTVIEW SECOND
ADDITION to the Southeast corner of Lot 1, Block 1 CRESTVIEW SECOND ADDITION;
Thence North 00°00'00" West, 297.67 feet along the West Right-of-way line of 11th Avenue to a
corner of Lot 1, Block 1, CRESTVIEW SECOND ADDITION;
Thence South 89°57'30", 50.00 feet to a point on the East line of the Northeast Quarter of said
Section 19;
Thence South 00°00'00" East, 297.30 feet along said East line of the Northeast Quarter to the
POINT OF BEGINNING.
PARCEL #2
A parcel of land located in the Northeast Quarter of Section 19, Township 5 North, Range 65
West of the Sixth Principal Meridian being all of 11th Avenue Right-of-way as shown on the plat
of LANDMARK SUBDIVISION, a subdivision of the City of Greeley, Weld County, Colorado
and further described as:
BEGINNING AT THE Southeast corner of said LANDMARK SUBDIVISION and considering
the East line of the Northeast Quarter of Said Section 19 to bear South 00°00'00" East with all
other bearings being relative thereto;
Thence South 00°00'00" East, 323.5 feet along said East line of the Northeast Quarter;
Thence North 89°19'00" West, 50.00 feet to the West Right -of -Way line of 11th Avenue;
Thence North 00°00'00" West, 323 feet more or less, along the West Right -of -Way line of 11th
Avenue to a point on the North line of said LANDMARK SUBDIVISION;
Thence South 89°50'00" East, 50.0 feet to the POINT OF BEGINNING.
Page 1 of 2 Reso. 43-1997
PARCEL #3
A parcel of land located in the Northwest Quarter of Section 19, Township 5 North, Range 65
West of the Sixth Principal Meridian being a part of 32nd Street Right-of-way as shown on the
plat of SOUTHMOOR VILLAGE SECOND FILING SUBDIVISION, a subdivision of the City
of Greeley, Weld County, Colorado and further described as:
Commencing at the West Quarter corner of said Section 19 and considering the South line of the
Northwest Quarter to bear South 89°36'28" East with all other bearings being relative thereto;
Thence South 89°36'28" East, 50.00 feet to the East Right -of -Way line (extended) of 23rd
Avenue and the TRUE POINT OF BEGINNING;
Thence North 00° 15'10" West, 40.00 feet along said East Right -of -Way line to the North Right -
of -Way line of 32nd Street;
Thence South 89°36'28" East, 1960.28 feet along said North Right -of -Way line to the East Right -
of -Way line (extended) of 19th Avenue;
Thence South 00°29'43" West, 40.00 feet to a point on the South line of the Northwest Quarter
of said Section 19;
Thence North 89°36'28" West, 1959.76 feet to the TRUE POINT OF BEGINNING.
PARCEL #4
A parcel of land located in the Northeast Quarter of Section 24, Township 5 North, Range 66
West of the Sixth Principal Meridian being all of 32nd Street Right-of-way as shown on the plat
of WAL-MART SOUTH, City of Greeley, Weld County, Colorado and further described as:
Commencing at the Fact Quarter corner of said Section 24 and considering the South line of the
Northeast Quarter to bear North 89°32'56" West with all other bearings being relative thereto;
Thence North 89°33'53" West, 50.00 feet to a point on the West Right -of -Way line (extended) of
23rd Avenue and the TRUE POINT OF BEGINNING;
Thence North 89°33'53" West, 1287.80 feet to the Southwest corner of WAL-MART SOUTH;
Thence North 00°04'51" West, 40.00 feet along the West line of said WAL-MART SOUTH to a
point on the North Right -of -Way line (extended) of 32nd Street;
Thence South 89°33'53" East, 1287.86 feet along said North Right -of -Way line to the West
Right -of -Way line of 23rd Avenue;
Thence South 00°00'20" West, 40.00 feet to the TRUE POINT OF BEGINNING.
Page 2 of 2 Reso. 43-1997
NOTICE OF PUBLIC HEARING
ANNEXATION REQUEST
NOTICE is hereby given, pursuant to the Colorado State Statutes, the City Council of the City of
Evans will hold a Public Hearing on the 6th day of January, 1998 at 7:30 P.M., held at the City Hall Council
Chambers, 1100 37th Street, Evans, CO, at which time and place they will consider and act upon the petition
for annexation to the City of Evans.
PARCEL #1
A parcel of land located in the Northeast Quarter of Section 19, Township 5 North, Range 65 West of the
Sixth Principal Meridian being all of 11th Avenue Right-of-way as shown on the plat of CRESTVIEW
SECOND ADDITION, a subdivision of the City of Greeley, Weld County, Colorado and further described
as:
BEGINNING AT THE Southeast corner of said CRESTVIEW SECOND ADDITION and considering the
East line of the Northeast Quarter of Said Section 19 to bear South 00°00'00" East with all other bearings
relative thereto;
Thence South 89°35'40" West, 50.00 feet along the South line of said CRESTVIEW SECOND ADDITION
to the Southeast corner of Lot 1, Block 1 CRESTVIEW SECOND ADDITION;
Thence North 00°00'00" West, 297.67 feet along the West Right-of-way line of 11th Avenue to a corner of
Lot 1, Block 1, CRESTVIEW SECOND ADDITION;
Thence South 89°57'30", 50.00 feet to a point on the East line of the Northeast Quarter of said Section 19;
Thence South 00°00'00" East, 297.30 feet along said East line of the Northeast Quarter to the POINT OF
BEGINNING.
PARCEL #2
A parcel of land located in the Northeast Quarter of Section 19, Township 5 North, Range 65 West of the
Sixth Principal Meridian being all of 11th Avenue Right-of-way as shown on the plat of LANDMARK
SUBDIVISION, a subdivision of the City of Greeley, Weld County, Colorado and further described as:
BEGINNING AT THE Southeast corner of said LANDMARK SUBDIVISION and considering the East line
of the Northeast Quarter of Said Section 19 to bear South 00°00'00" East with all other bearings being
relative thereto;
Thence South 00°00'00" East, 323.5 feet along said East line of the Northeast Quarter;
Thence North 89°19'00" West, 50.00 feet to the West Right -of -Way line of 11th Avenue;
Thence North 00°00'00" West, 323 feet more or less, along the West Right -of -Way line of 11th Avenue to a
point on the North line of said LANDMARK SUBDIVISION;
Thence South 89°50'00" East, 50.0 feet to the POINT OF BEGINNING.
PARCEL #3
A parcel of land located in the Northwest Quarter of Section 19, Township 5 North, Range 65 West of the
Sixth Principal Meridian being a part of 32nd Street Right-of-way as shown on the plat of SOUTHMOOR
VILLAGE SECOND FILING SUBDIVISION, a subdivision of the City of Greeley, Weld County, Colorado
and further described as:
Commencing at the West Quarter corner of said Section 19 and considering the South line of the Northwest
Quarter to bear South 89°36'28" East with all other bearings being relative thereto;
Thence South 89°36'28" East, 50.00 feet to the East Right -of -Way line (extended) of 23rd Avenue and the
TRUE POINT OF BEGINNING;
Thence North 00°15'10" West, 40.00 feet along said East Right -of -Way line to the North Right -of -Way line
of 32nd Street;
Thence South 89°36'28" East, 1960.28 feet along said North Right -of -Way line to the East Right -of -Way
line (extended) of 19th Avenue;
Thence South 00°29'43" West, 40.00 feet to a point on the South line of the Northwest Quarter of said
Section 19;
Thence North 89°36'28" West, 1959.76 feet to the TRUE POINT OF BEGINNING.
PARCEL #4
A parcel of land located in the Northeast Quarter of Section 24, Township 5 North, Range 66 West of the
Sixth Principal Meridian being all of 32nd Street Right-of-way as shown on the plat of WAL-MART
SOUTH, City of Greeley, Weld County, Colorado and further described as:
Commencing at the East Quarter corner of said Section 24 and considering the South line of the Northeast
Quarter to bear North 89°32'56" West with all other bearings being relative thereto;
Thence North 89°33'53" West, 50.00 feet to a point on the West Right -of -Way line (extended) of 23rd
Avenue and the TRUE POINT OF BEGINNING;
Thence North 89°33'53" West, 1287.80 feet to the Southwest corner of WAL-MART SOUTH;
Thence North 00°04'51" West, 40.00 feet along the West line of said WAL-MART SOUTH to a point on the
North Right -of -Way line (extended) of 32nd Street;
Thence South 89°33'53" East, 1287.86 feet along said North Right -of -Way line to the West Right -of -Way
line of 23rd Avenue;
Thence South 00°00'20" West, 40.00 feet to the TRUE POINT OF BEGINNING.
Kim Betz
City Clerk
City of Evans
Publish in the Greeley Tribune for 4 consecutive weeks on Saturdays, November 29, December 6, 13 & 20.
r-r-
r-r-
r-r-
r-r-
T O
CD v
V
0 c
I-. U I
0 a
4--. c
O
O O
U
v
�--+ To
U
-
a. y N.
3,7LitimgoitR I:
7
a
in
32nd St. Exhibit
Hello