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November 2, 1998
• TO: _ Weld County Commissioners
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FROM: Cheryl Aragon, Greeley Deputy City Clerk lam`,
SUBJECT: Wiseman Brothers Annexation
The Greeley City Council received a petition for annexation of property located generally
northwest of the intersection of 59th Avenue and 20th Street, known as the Wiseman
Brothers Annexation.
Your taxing district/jurisdiction is listed as being one of which the territory proposed for
annexation is a part. A public hearing will be held on Tuesday, December 1, 1998, to
determine whether this property is eligible for annexation.
A copy of the notice of public hearing, a copy of the resolution which sets the public
hearing, and a copy of the petition(s) as filed are attached. As indicated in the notice and
resolution, the public hearing will be held:
December 1 , 1998
7:30 p.m.
City Council Chambers
Public Safety Building
919 Seventh Street
Greeley, Colorado
If additional information is desired or if you have questions, please call the City Clerk's
Office at 350-9740.
Vun)\� S E R V N C OUR COMMUNITY • I T 8 A TRADITION
We promise to preserve and improve lfie ruddy of life for 9reeley i rouyli limey, coarleous and cos/
ex, Pt PR), (L' A Gin So, Hz1E6 982664
NOTICE
Notice is hereby given that the City Council of Greeley,
Colorado,. will hold a public hearing on a proposed
annexation of territory to the City of Greeley. This territory
is described in.an. annexation petition which has been.filed .
with the City Clerk as the "Wiseman Brothers" Annexation
and is located generally northwest of the intersection of
59th Avenue and 20`h Street. The hearing shall.be held on
December 01 , 1998, in the City Council Chambers at the
Public Safety Building, 919. Seventh Street, in the City of
• Greeley, Colorado, beginning at 7:30 p.m. or as soon
thereafter as the matter can be heard by the City Council on
that date. The purpose of the hearing is to determine
whether said property is eligible for annexation under
Colorado law. Persons wishing to examine the annexation
petition may do so at the office of the City Clerk during
business hours.
Dated this 21" day of October, 1998.
Betsy D. Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 72 , 1998
CASE NO. A 14:98
•
A RESOLUTION FOR THE WISEMAN BROTHERS ANNEXATION PETITION
FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS •
AND SETTING.A HEARING FOR CONSIDERATION OF AN ANNEXATION
WHEREAS, W. B. Livestock Co., JESJO, Inc., and Northern Colorado
Properties, under contract of purchase, have submitted an annexation petition to the
City of Greeley for annexation of property located at 1339 59th Avenue in the City of
Greeley; and
WHEREAS, The City of Greeley staff has found substantial compliance of the
annexation petition in conformance with C.R.S., § 31-12-101, et seq.; and
WHEREAS, C.R.S., § 31-12-108 requires that the City Council establish a
date, time, and place to hold a hearing to determine if the proposed annexation
complies with §§31-12-104 and 31-12-105, or such parts thereof, to establish
eligibility for annexation to the City of Greeley; and
WHEREAS, the City Clerk shall deliver notice and publish the date, time, and
place for said hearing.
•
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF GREELEY, COLORADO.
1. The annexation petition is found to comply with C.R.S., §§ 31-12-104
and 31-12-105.
2. The public hearing for consideration of the proposed annexation petition
is hereby set for December 1, 1998, at the Greeley City Council Chambers, 91.9 7th
Street, Greeley Colorado, during a regular City Council meeting beginning at 7:30
p.m.
3. The City Clerk is hereby authorized to publish and notify required
parties pursuant to C.R.S., § 31-12-108(2).
4. This resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED, SIGNED AND APPROVED, this 20th day of
October , 1998.
ATTEST: CITY OF GREELEY:
•
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9
City Cl k or
PETITION FOR ANNEXATION
WISEMAN BROTHERS ANNEXATION
TO 1'HE HONORABLE MAYOR AND CITY COUNCIL OF 1'14E CITY OF GREELEY,
COLORADO:
The undersigned, in accordance with Title 31, Article 12, Chapters 101•et. seq., Colorado Revised
Statutes, 1973, as amended, hereby petition the City Council of the City of Greeley for annexation
to the City of Greeley of the territory described herein and described and shown on the map
designated, " Wiseman Brothers.'.' Four (4) copies of said map are submitted herewith and by this
reference are incorporated herein. The description of the territory hereby petitioned for annexation
to the City of Greeley is set forth in Exhibit A attached hereto and incorporated herein by reference.
In support of this petition, the Petitioner(s) allege(s) that:
1. It is desirable and necessary that the above-described territory be annexed to the City of
Greeley.
2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statues exist
or have been met in that:
A. Not:less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the City of Greeley.
B. A community of interest exists between the territory proposed to be annexed and the
City of Greeley.
C. The territory sought to be annexed is urban or will be urbanized in the near future.
D. The territory sought to be annexed is integrated or is capable of being integrated with
the City of Greeley.
3. In establishing the boundaries of the territory proposed to be annexed, 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,has/have been divided into separate parts or parcels
of real estate without the written consent of the land owner or land owners thereof except
and unless where such tracts or parcels are already separated by a dedicated street, road, or
other public way.
4. In establishing the boundaries of the territory proposed to be annexed, 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 comprising twenty (20) acres or more which,
together with the buildings and improvements situated thereon have an assessed valuation of
1
$200,000 for ad valorem tax purposes for the year next preceding the filing of the written petition for
annexation, has/have been included within the territory proposed to be annexed without the written
consent of the land owner or land owners.
5. 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 Greeley was
held within the twelve-months preceding the filing of this petition.
6. The territory proposed to be annexed does not include any' area included" in another
annexation proceeding involving a city other than the City'of Greeley.
7. The territory proposed to be annexed is not presently a part of any incorporated city, city and
county, or town.
8. The property owned by each petitioner is described on each separate signature sheet and,
when needed, described more filly in the exhibits attached hereto and incorporated herein by
reference.
9. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the land owners
and owning more than fifty percent(50%)of the property, excluding public 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.
10. Landowners reserve the right to withdraw their signatures and this Petition for annexation,
pursuant to the provisions of C.R.S. 31-12-107(e).
Accompanying this petition are the original and four copies of an annexation plat 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.
C. Within the annexation boundary map, an identification of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the
boundaries and the plat numbers of plots or of lots and blocks. Also within the
boundary map,identification of any special districts the area proposed to be annexed
may be part of.
2
D. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary of
any other municipality abutting the area proposed to be annexed.
•
• E. A surveyor's certificate prepared by a registered land surveyor that attests to the
preparation of the map and ceitifies at least one-sixth (1/6) contiguity to the City of
Greeley.
•
F. Acceptance block describing the acceptance action of the City of Greeley and
providing for the effective date and City Clerk and Mayor attest signatures.
G. Notary public signature block, attesting to the authority of the Mayor to execute
acceptance of the annexation.
11. Except as otherwise provided, no part of the territory sought 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 become effective.
12. As an expressed condition of annexation, land owner(s) consent(s) to inclusion into the
Northern Colorado Water Conservancy District and the municipal subdistrict pursuant to
Section 37-45-136 (3.6)C.RS. Land owner(s) acknowledge(s)that, upon inclusion into the
district and subdistrict, land owner'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 land owner'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. Land
owner(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.
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of
Greeley, to annex the territory described and referred to in Exhibit A to the City of Greeley in
accordance with arid pursuant to the statutes of the State of Colorado.
3
Land Owner(s)Name(s)and Signature(s) Mailing Address Date of Signing
Northern Colorado Properties, Inc. _f/A///O
under contract of ur hase
B
STATE OF C i-0/Q4-AZl )
)ss.
COUNTY OF &)ELL
nn The.foregoing signature(s)was/were subscribed and sworn to before me this_Lc day of
, 1998, by /12/EA-lei -el 7 on&rls ten-)
getter;
WIVE, SS my hand and official seal.
),LAC 4 a 0/t1 My commission expires: NO 11 /3, /'2/r8
Notary Public
Land Owned
4
EXHIBIT "A"
LEGAL DESCRIPTION:
A TRACT OF LAND BEING THE EAST HALF OF THE SOUTHEAST QUARTER AND THE SOUTH
HALF OF THE NORTHEAST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER,ALL IN SECTION 9,TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE
6TH PM, WELD COUNTY,COLORADO,AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9 AND CONSIDERING THE
SOUTH LINE O.F THE SOUTHEAST QUARTER OF SAID SECTION 9 TO BEAR NORTH 89°09'23"
WEST AS MONUMENTED AND WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
. THERETO:
THENCE NORTH 89°09'23" WEST, 1338.74 FEET ALONG THE SOUTH LINE OF SAID •
SOUTHEAST QUARTER TO THE SOUTHWEST CORNER OF THE EAST HALF OF SAID
SOUTHEAST QUARTER;
THENCE NORTH 00°06'17" EAST, 2296.01 FEET ALONG THE WEST LINE OF THE EAST HALF
OF SAID SOUTHEAST QUARTER. TO A POINT, FROM WHICH POINT THE NORTHEAST
CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
9 BEARS NORTH 00°06'17" WEST, 364.00 FEET(RECORDED 359 FEET);
THENCE NORTH 71°49'28" WEST, 600.12 FEET(RECORDED 601 FEET);
THENCE NORTH 36°47'09" WEST,233.43 FEET(RECORDED 233.5 FEET)TO A POINT ON THE
NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9 FROM WHICH POINT THE
NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 9 BEARS SOUTH 89°10'51" EAST, 709.37 FEET(RECORDED 709.5 FEET');
THENCE NORTH 89°10'51" WEST.627.02 FEET ALONG SAID NORTH LINE TO THE
SOUTHWEST CORNER OF THE NORTHEAST CORNER OF SAID SECTION 9;
THENCE NORTH 00°17'53"EAST, 1318.49 FEET ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER TO THE NORTHWEST CORNER OF THE SOUTH HALF OF SAID NORTHEAST
QUARTER;THENCE SOUTH 89°06'58" EAST,2665.49 FEET ALONG THE NORTH LINE OF SAID
SOUTH HALF TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHEAST
QUARTER OF SAID SECTION 9;
THENCE SOUTH 00°01'14" EAST, 1315.56 FEET ALONG THE EAST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 9 TO THE EAST QUARTER CORNER OF SAID SECTION 9;
THENCE SOUTH 00°09'l8" EAST.2660.62 FEET ALONG THE EAST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 9 TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 166.2574 ACRES MORE OR LESS AND IS SUBJECT TO ANY
EASEMENTS OR RIGHTS OF WAY OF RECORD OR AS NOW EXISTING ON SAID TRACT OF
LAND.
NOTE: LEGAL DESCRIPTION FROM LAND SURVEY PLAT, DATED: 12-30-97, PREPARED BY:
ROBERT A. SHORT, COLORADO REG.NO. 7242
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
JACK SCHNEIDER, being first duly sworn, states upon oath that he is the circulator of the
petition to which this Affidavit is attached and knows of his own knowledge that the signature of each
land owner appearing on said petition is the signature of the person whose name it purports to be
q004. 9C94,""1/4L-CleA)
JA K SCHNEIDER
J 4h _
The foregoing Affidavit was subscribed and sworn to before me this I5 day of -Cu/Lc-1 ,
1998, by JACK SCHNEIDER.
WITNESS my hand and official seal.
Lr ,
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