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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 I avb►. 1 iesl' �O Q�j:gi `(S yin►► VI PE, 4 I AS 17 rm d‘P '►un Attorney CAOFFICE\WPWIMWPDOCS\DOUGUf-PETITI.WPD 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. • • 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 • 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. f• • 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 • 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 • • 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 Hello