HomeMy WebLinkAbout960095.tiff RESOLUTION
RE: APPROVE PETITION FOR ANNEXATION TO THE BOARD OF TRUSTEES, TOWN OF
ERIE, COLORADO, FOR PORTIONS OF WELD COUNTY ROAD 8 AND AUTHORIZE
CHAIR 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 a certain portion
of Weld County Road 8, being more particularly described in said petition, to the Board of Trustees
of the Town of Erie, Colorado, 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 a certain portion of Weld County Road 8, being
more particularly described in said petition, to the Board of Trustees of the Town of Erie, Colorado,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair 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 22nd day of January, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
,,,\l',:r:I ii_21,:./4L, i' : i / / 'l/G%� �YL2l�u ��� e ,i /�i1 'i e rt r'Li
��� �� '� � ' ' �Barbara Kirkmeyer, Ch it
4 fV is „ ty Clerk to the Board
y 0 • •e axer, P o-T
\''�cy. N,),') eputy Cler o the Board i l v_ ' /
Dale� K. Hall /
APPROVED AS TO FORM: (-4225 4 -.<Uc /-t.Cz-eG
Constance L. Harbert
.L W. H. Webster
960095
C1 ' t r7' Pal, rile EG0035
PETITION FOR ANNEXATION
TO: The Board of Trustees of the Town of Erie, Colorado
The undersigned County of Weld, Colorado, a Colorado body politic, in accordance with the
provisions of C.R.S. §31-12-101, et seq., known as the Municipal Annexation Acto of 1965, as
amended, hereby petitions the Board of Trustees of the Town of Erie for annexation to the Town of
Erie the following described unincorporated area, commonly known as a portion of Weld County
Road No. 8, situated and being in the County of Weld, State of Colorado:
See Exhibit A, attached to and incorporated by reference as Parcels 1, 2, 3, 4 and 5 in this
Petition.
Your petitioner would further state to the Board of Trustees of the Town of Erie, Colorado,
as follows:
1. That it is desirable and necessary that such area be annexed to the Town of Erie,
Colorado.
2. That the area sought to be annexed to the Town of Erie meets the requirements of
C.R.S. §§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 is contiguous with the existing boundaries of the Town of Erie, Colorado, when annexed in
a series of parcels 1-5 as set forth in C.R.S. §31-12-104(1((b).
b. A community of interest exists between the area proposed to be annexed and
the Town of Erie, Colorado.
c. The area proposed to be annexed is urban or will be urbanized in the near
future and said area is integrated with or is capable of being integrated with the Town of Erie,
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.
960095
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 said area from any school district and its attachment to another school district.
g. The annexation of the area proposed to be annexed would not have the effect
of extending the municipal boundary of the Town of Erie by more than three miles in any direction
from any point of such municipal boundary in one year.
h. The Town of Erie has in place a plan for the area conforming to the
requirements of C.R.S. §31-12-105(1)(e).
3. That attached hereto and incorporated herein by reference are a signed notarized
affidavit of ownership (Exhibit B), two sets of mailing labels containing the names and addresses of
all adjacent property owners within 300 feet of the boundaries of the property to be annexed (Exhibit
C), and a copy of the annexation map (Exhibit D), containing the following information:
• A readable, scaled map with date when the map was produced;
• A North arrow;
• A written legal description of the boundaries of the property to be annexed;
• A map of the above described property;
• Within the boundary map, the location of each ownership tract in unplatted land, and if
already platted, the boundaries and number of plots or lots and blocks;
• On the appropriate edge of the map, a shaded area noting the contiguous boundary to the
Town of Erie, and any other municipality;
• A Surveyor's Certificate prepared by a registered land surveyor that attest to the preparation
and accuracy of the map, and certifies the continuity to the Town of Erie; and
• Acceptance blocks describing Town of Erie official acceptance of the annexation by the
various Town bodies and officials, as provided by Town Staff.
4. That the petitioners are the landowners of one hundred percent (100%) of the area
sought to be annexed.
5. That all of petitioner's signatures are within 180 days of the date of the filing of this
Petition for Annexation.
6. That this Petition for Annexation is tendered in order to fulfill the goals and
obligations of that certain Intergovernmental Agreement entered into between the Town of Erie,
Colorado a Colorado municipal corporation and Weld County, Colorado, a Colorado body politic,
dated (Lu9ast 7) /9qy.
7. That this Petition satisfies the requirements of Article II, Section 30 of the
Constitution of Colorado in that it is signed by persons comprising more than fifty per cent (50%) of
the landowners in the area proposed to be annexed who own more than fifty percent (50%) of said
960095
area, excluding public streets and alleys and any land owned by the Town of Erie.
8. That the petitioners reserve the right to withdraw this petition at any time preceding
the adoption by the Board of Trustees of the Town of Erie, Colorado, of the ordinance annexing said.
property.
THEREFORE, your petitioners respectfully request that following a public hearing on this
Petition, the Board of Trustees for the Town of Erie, Colorado approve the annexation of the area
proposed to be annexed and which is described in Exhibit A hereto.
Respectfully submitted,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
a Colorado body politic
,, i n~� By: j kyica au /) r iittLi7,i,
Barbara Kirkmeyer, Ch it /n/16
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960095
1-18-1996 11 -29AM FROM THORBLRN. SAKOL 383 d47 9840 P. 0
PARCEL 1
•
LEGAL DESCRIPTION ROAD 8 ANNEXATION PLAT Na1
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH,
RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 18 AND CONSIDERING THE SOUTH
LINE OF SAID SOUTHEAST QUARTER TO BEAR S8711'42"E, WITH ALL OTHER BEARINGS CONTAINED
HEREIN BEING RELATIVE THERETO;
THENCE $89'11'42"E 255.47 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE
OF THE UNION PACIFIC RAILROAD AND TO THE POINT OF BEGINNING;
THENCE 122.36 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 911.36 FEET.
DELTA ANGLE IS 0741'33" AND WHOSE CHORD BEARS N49-56'04"E 122.27 FEET TO THE SOUTHEAST
CORNER OF LOT 1, BLOCK 37, EAST ADDITION TO THE TOWN OF ERIE, COUNTY OF WELD, STATE
OF COLORADO;
THENCE 58313'11"E 257.55 FEET;
THENCE 582'07'45"W 352.65 FEET TO THE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 11,319.53 SQUARE FEET, MORE OR LESS.
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JRN 18 ' 96 11 ' 22 EXHIBIT "A"
960095 PAGE 1
1-18-1996 11 :29AM FROM THORBLRN. SAKOL 303 dd7 9840 P. 7
PARCEL 2
LEGAL. DESCRIPTION ROAD 8 ANNEXATION PLAT Not
"OF
TRACT OF 19. DT LOCATEb IN THE SOUTH OF SECTION 19, TOWNSHIP 1 MORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
EAST QUARTER OF SECTION 18, AND THE NORTHEAST QUARTER
ESTATE OF COLapADO, DESCRIBED AS FOLLOWS:
COUNTY OF V/ELD,
C-uMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 18 AND CONSIDERING THE SOUTH LINE
'OF'SAID SOUTHEAST QUARTER TO BEAR SSg11'47E. WITH ALL OTHER BEARINGS CONTAINED HEREIN
!BEING, RELATIVE THERETO;
THENCE S8911'4TE 255.47 FEET TO A POINT ON 7HE NORTHWESTERLY RIGHT-Or-WAY LINE OF THE
UNION PACIFIC RAILROAD AND TO THE POINT OF BEGINNING; '
O
!THENCE N8707'45"E 352.65 FEET; THENCE N83'13'11"W 257.55 FEET TO THE SOUTHEAST CORNER
',CORNER OF LOT 1, BLOCK 37, EAST ADDITION TO THE TOWN OF ERIE, COUNTY OF WELD. STATE OF
7THENCE S89'11'42E 324.89 FEET; THENCE N69-00'1yE 53.85 FEET;' COIORA,.0
THENCE S89'11'47'E 400.00 FEET;t - THENCE S6T23'374E 53.85
THENCE S89'11'4TE 37.15 FEET; FEET;
THENCE 580'09'45-E 615.92 FEET TO A POINT ON THE SOUTHERLY-RIGHT-OF-WAY UNE COUNTY
ROAD No.8;
?HENCE N87'37'24"W 608.51 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY UNE COUNTY ROAD
THENCE N89'11'42-w 954.50. FEET ALONG THE SOUTHERLY RIGHT-OF-WAY UNE COUNTY ROAD No.8 ..
TO THE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 94,514.39 SQUARE FEET, MORE OR LESS.
•
JAN 18 ' 96 11 : 22
360095 EXHIBIT "A" - PAGE 2
1-18-1996 11 :30AM FROM THORBURN. SAKOL '�213 447 9840 P- 8
PARCEL 3
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i LEGAL DESCRIPTION ROAD 8 ANNEXATION PLAT No.3
iA TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18 AND THE SOUTHWEST QUARTER
i OF(TOWNSHIr1 NORTH, RANGE 613 WEST OF THESxTH OF O ANDN 19, THE NORTHWEST QUARTER
17. THE NORTHEAST PRINCIPAL MERIDIAN, COUCOUNTYOFWELD, STATE OF
2C
P
COLORADO, DESCRIBED AS FOLLOWS:
RING THE SOUTH
SAIOMSODING AT THE UTHEAST QUARTERTHTOI/4 BEAROS89'R OF SAID 11'42"E, WITHCTION 18 AND ALL OTHER BEARINGSECONT CONTAINED HEREIN
OF
BEING RELATIVE THERETO;
' THENCE S8540'08"E 1818.32 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD No.8 AND THE POINT OF BEGINNING;
THENCE N80'09'45"W 615.92 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD No.8;
THENCE 586'34'27"E 1093.60 FEET ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF
OF WELD COUNTY ROAD No.8:
.THENCE LEAVING SID RIGHT-OF-WAY S8T12'15"E 696.06 FEET;•
- -
THENCE S89'42'42"W 1180.02 FEET TO THE POINT OF BEGINNING;
i SAID TRACT OF LAND CONTAINS 59,704.23. SQUARE FEET, MORE OR LESS.
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JAN 18 ' 96 11 :23
960095 EXHIBIT "A" - PAGE 3
1-18-1996 11 :30AM FROM THORBLIRN. SAKOL -13 447 9840 P. 9
PARCEL 4
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LEGAL DESCRIPTION ROAD 8 ANNEXATION PLAT NoA
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 18, THE SOUTH HALF OF 17, AND
THE ERIDAN NoRTH HALF OF
COUNTY OF SECTION
WEST OF THE SIXTH PRINCIPAL
• WELD, STATE OF COLORADO, DESCRIBED FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER_ OF SAID SECTION 18 AND CONSIDERING THE SOUTH LINE C
SAID SOUTHEAST QUARTER TO SEAR S89.11'42 E, WITH ALL OTHER BEARINGS CONTAINED HEREIN
i BEING RELATIVE THERTO:
'THENCE 55840'08"E 1818.32 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY UNE
or WELD COUNTY ROAD No.8 AND BEING THE POINT OF BEGINNING;
THENCE N89'42'42"E 1180.02 FEET; THENCE N8T12'15"W 696.06 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD No.8:
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY OF SAID ROAD 5E19'1 1'42"E 293.39 FEET;
THENCE N89-07'28"E 401.92 FEET: THENCE N89"34'59 E 3749.08 FEET;
THENCE 58539'58"w 3750.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE; ; THENCE
S89'07'28"W ALONG SAID SOUTHERLY RICH-OF-WAY 401.88 FEET; THENCE N89-11'42"W 293,44 FEET:
THENCE N8737'24 W 485.18. .FEET TO THE POINT OF BEGINNING;
SAID TRACT OF LAND CONTAINS 146,651.84 SQUARE FEET, MORE OR LESS- •
JAN 18 ' 96 11 :23 pc n�C
`7VQ6J�S EXHIBIT "A" - PAGE 4
1-18-1996 11 :31AM FROM THORBURN. SAKOL 303 447 9840 P- II
PARCEL 5
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LEGAL DESCRIPTION ROAD 8 ANNEXATION PLAT No.5
P TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 16 AND 17, AND THE NORTH HALF OF
SECTION 20 AND 21, TOWNSHIP 1 NORTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 18 AND CONSIDERING THE SOUTH LINE OF
SAID SOUTHEAST QUARTER TO BEAR S89'11'42"E, WITH ALL OTHER BEARINGS CONTAINED HEREIN
!BEING RELATIVE THERTO:
THENCE S8633'06"E 402.56 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE
OF WELD COUNTY ROAD No.8 AND BEING THE POINT OF BEGINNING:
THENCE NE1539'58"E 3750.00 FEET; THENCE N8734'S9"W 3749.08 FEET TO A POINT ON THE NORTHER
RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD N0.8;
THENCE ALONG THE NORTHERLY RIGHT--OF-WAY OF SAID ROAD N89'07'28"E 4894.07 FEET;
THENCE N89'57'18"E 5297.58 FEET; THENCE 500'48'18"W 60,00 FEET;
THENCE S89'57'18-W 5296.26 ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID ROAD;
THENCE 589'07'28"W 4894.55 FEET TO THE POINT OF BEGINNING;
-SAID TRACT OF LAND CONTAINS 498,991 .50 SQUARE FEET, MORE OR LESS. •
JAN 18 ' 96 11 : 24 !l
960095 EXHIBIT "A" - PAGE 5
EXHIBIT B
AFFIDAVIT OF OWNERSHIP
The undersigned, being of lawful age, who being first duly sworn upon oath,
deposes and says:
1. He/she is duly authorized under the direction and authority of the Board
of County Commissioners, County of Weld, State of Colorado, a
Colorado body politic, to make this affidavit.
2. The aforesaid County of Weld is the sole owner of the property
described in this Petition for Annexation.
by_
Barbara J. Kirkmey r, Chai�
Weld County Board of Commissioners
STATE OF COLORADO)
SS.
COUNTY OF WELD )
ahe foregoing Affidavit of owne hip was subscribed and sworn before me this
day of January, 1996, by . rba rt`J. rPine yer .
WITNESS my hand and official seal.
0
My commission expires � 4' -9 7
............
,( Notary Pu
< i
(Seal)
G
1 • c ,
EXHIBIT "B"
960095
SURROUNDING PROPERTY OWNERS TO ERIE ROAD ANNEXATION
Section 15
Public Service Company of Colorado
P.O. Box 840
Denver, CO 80201-0840
Parcel # 146715000036
John T., Shirley A., and Gary Lee Cleland
2427 WCR 7
Erie, CO 80516
Parcel # 146715000072
Section 16
State of Colorado
Land Board
8th and 8th
Greeley, CO 80631
Parcel # 146716000069
146716000070
Section 17
Union Pacific Land Resources Corp
P.O. Box 2500
Broomfield, CO 80020
Parcel # 146717000012
Section 18
Peter Paul Luce
6950 East Belleview Avenue
Englewood, CO 80111
Parcel # 146718400006
Union Pacific Land Resources Corp
P.O. Box 2500
Broomfield, CO 80020
Parcel # 146718400022
EXHIBIT "C"
960095
Section 19
Town of Erie
P.O. Box 100
Erie, CO 80516
Parcel # 146719000043
Union Pacific Land Resources Corp
P.O. Box 2500
Broomfield, CO 80020
Parcel # 146719000044
Fiore & Sons, Inc.
730 W. 62nd Avenue
Denver, CO 80216
Parcel # 146719000045
Section 20
Daniel R. Horst
2240 WCR 5
Erie, CO 80516
Parcel # 14672000042
Section 21
Daniel R. and Jacqueline S. Horst
2240 WCR 5
Erie, CO 80516
Parcel # 146721000029
146721000003
Swink Family Farms, LTD & Etals
2510 W 144th Avenue
Broomfield, CO 80020
Parcel # 146721000026
Section 22
Left Hand Water District
P.O. Box 210
Niwot, CO 80544
Parcel # 146722000024
960095 EXHIBIT "C" - PAGE 2
Farmers Reservoir& Irrigation Co.
Rt l
Erie, CO 80516
Parcel # 146722000025
Earl L. and Ruth S. Arneson
3206 WCR 8
Erie, CO 80516
Parcel # 146722000026
Fred J. On (60% Int.) & John F. Orr(40% Int.)
5040 Acoma Street
Denver, CO 80216
Parcel # 146722000027
960095 EXHIBIT "C" - PAGE 3
I-i E AV RUM - -UF.S..I-21V. SAKU_ ,add 4 L/ 98LLld P. 12
•
RESOLUTION NO.
RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TOWN OF ERIE FINDING SUBSTANTIAL COMPLIANCE OF
A PETITION FOR THE ANNEXATION OF AN AREA COMMONLY KNOWN
ROAD 8
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE,
COLORADO:
WHEREAS, the landowner comprising 100% of the landowners in
the area proposed to be annexed (which area is described in Exhibit
A attached hereto and made a part hereof by reference) and owning
100% of the area has filed a petition for annexation of said area
with the Town Clerk of the Town of Erie, Colorado, requesting the
Town to commence proceedings for the annexation of said area; and
WHEREAS, The Town Clerk has referred said petition to the
Town Board of the Town of Erie as a communication at a regular
meeting of the Town Board on the _ day of , 1996, and;
WHEREAS, having received the petition for annexation, the Town
Board is required under the Municipal Annexation Act of 1965 to
determine whether said petition is in substantial compliance with
C.R.S. § 31-12-107 ( 1) and if so, to follow the procedure set forth
in C.R.S. §S 31-12-108, 109, 110 and 111.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN
OF ERIE, COLORADO, that:
1. The Town Board hereby finds that the petition for
annexation has been signed by 100% of the landowners in the area to
be annexed and owning more than 100% of the area excluding public
streets and alleys and any land owned by the Town of Erie.
2. The Town Board hereby finds that the petition for
annexation is in substantial compliance with the requirements of
C.R.S. § 31-12-107 ( 1) , as amended.
3. The Town Board hereby finds that it has the necessary
jurisdiction to proceed with the annexation of said territory.
4 . The Town Board hereby determines that it shall hold a
public hearing to determine if the proposed annexation complies
with C.R.S. §§ 31-12-104 and 31-12-105, as amended, to establish
whether or not said area is eligible for annexation under the
Municipal Annexation Act of 1965, said hearing to be held at a
regular meeting of the Town Board on the day of 1996, in the
Municipal Building of the Town of Erie.
5. The Town Clerk is hereby directed to give notice of said
public hearing in accordance with the provisions of C.R.S. S 31-12-
108 (2) , as amended.
JAN 18 ' BE 11 : 24 303 447 9840 PRGE . 012
960995
i'e1.3 [.L./ R. '.
i
6. This Resolution shall take effect upon its adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 25th day of
January, 1996.
Victor F. Smith, Mayor
ATTEST:
Lisa M. Marino, Town Clerk
JRN 18 ' 96 11 : 25 303 447 9840 PRGE . 013
960095
THORBURN, SAKOL & THRONE
AN ASSOCIATION OF PROFESSIONAL CORPORATIONS
ATTORNEYS AND COUNSELLORS AT LAW
an CANYON SCOLEVANO AT CLOUD cnr
suite'coo
BOULDER.COLORADO S0302-4920
T I.OHONt(fla)44lioall
YLLVAx(Ma)N7nSSO
pAPRS N.SAROL P.C.
jl OOOGLAS C.;HOROURN P.C. - January 18, 1996 Oe COUNaiL:
NANCY CONINE
vAPHNE THROW(
VIA FAX
Bruce Barker
County Attorney
Weld County Colorado
re: Annexation of Road 8
Dear Bruce: -
.I
Please find enclosed a proposed Petition with Exhibits,
including legals of the 5 parcels to be annexed, Affidavit of
Ownership and a Resolution. .
After the Resolution has passed we will notify you of the
hearing date and provide you with copies of the five, ordinances,
one for each parcel.
I will FAX reduced size copies of the maps first thing monday
morning.
Thank you for your cooperation in expediting this matter.
If you have any questions, please give me a call.
Sincere / ,
Off
Doua a- ,y ,. ora.rn
Erie A - ney
DCT/kc
Enclosures:
cc: Erie Town Clerk
Erie Town Administrator
c,\agak\erio\annex\reads\ctyatty.itr
JAN 18 ' 96 11 : 20 303 447 9840 PAGE . 002
960095
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