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HomeMy WebLinkAbout970779.tiff DATE: April 2, 1997 TO: Weld County Commissioners - Weld County Attorney's Office Weld County School District Six Weld Library District Union Colony Fire and Rescue Authority Northern Colorado Water Conservancy District Aims Community College West Greeley Soil Conservation District Milliken Fire Protection District Milliken Fire Bond FROM: Betsy D. Holder, Greeley City Clerk SUBJECT: Cedarwoods Annexation The City of Greeley City Council received a petition for annexation of property located generally north and east of 20th Street and 71st Avenue. Your taxing district/jurisdiction is listed as being one of which the territory proposed for annexation is part. A public hearing will be held to determine whether the property is eligible for annexation and the hearing has been scheduled for May 20, 1997. A copy of the notice of public hearing, a copy of the resolution which sets the public hearing, and a copy of the petition as filed are attached. As indicated in the notice and resolution, the public hearing will be held: May 20, 1997 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 350-9742. get 64/y/o7tynoPA�) �� P(;OGtJ5 bit-'E7('t1%SoyrA 970779 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"CEDARWOODS" annexation and is located generally north and east of 20th Street and 71st Avenue. The hearing shall be held on May 20, 1997,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 2nd day of April, 1997. Betsy D. Holder City Clerk CITY OF GREELEY, COLORADO RESOLUTION NO. 13 , 1997 A RESOLUTION FOR THE CEDARWOODS ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, Jack Renfroe, representing Cedarwoods, LLC, submitted an annexation petition to the City of Greeley for annexation of property located generally north and east of 20th Street and 71st 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 May 20, 1997, at the Greeley City Council Chambers, 919 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 1st day of April, 1997. ATTEST: CITY OF GREELEY: f , ,d . d City Cle Mayor RECEIVED PETITION FOR ANNEXATION MAR 3 1 1997 Cedarwoods ANNEXATION CITY CLERK'S OFFICE TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE 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, Cedarwoods Annexation." 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 Statutes 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 in excess of $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 fully 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. 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 atmexed may be part of. 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 certifies 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. • 10. 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. 11. 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.R.S. 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. Land owner(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 and pursuant to the statutes of the State of Colorado. J2nd Owner(s) Names) and Si nature(s) Mailing Address rugtaisigmhz Cedarwoods, LLC a f &,V" 6180 W. 10th St. , Greeley CO 80634 3 -7-77 ack Renfro_ Qartra forego' signature(s) was/were subsc ' and sworn to before me this 7 ' day of , 1912, by /% i e./f _e- fz .€ - Witness myhand and official seal" . lJ My commission expires y i;a Notary Public ; wolff Land Owned 1\(OF CO��c 4J1 of SW;, Sec. 9, T.5N. , R.66W, 6th PM (see attached) If necessary, attach separate sheet. A}FIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Jack Renfroe being first duly sworn, states upon oath that he/she is the circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purports it to be. i tare of Cu tor) The forego' g Affidavit9vas subsc . and to before me this day of 19/%, by Witness my hand and official seal. --"scpRY Poe!'c My commission expires I/o ; betty wolff h 9 t. Notary c %,, F 0 CITY OF GREELEY ANNEXATION INFORMATION SttLET The following information is required to process the annexation of land into the City of Greeley. This sheet must be attached to a rnmoleted annexation petition. TO BE COMPLETED BY APPLICANT Date 3/5/97 1. Name of Annexation Cedarwoods Annexation 2. Name of Property Owner(s) Cedarwoods, LLC Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary): 71st Avenue and 20th Street 3. Person to Contact (Name, Address and Phone) Jack Renfroe 6180 West 10th Street, Greeley CO 80634 (970) 352-0876 • 4. Size (in acres) 78.56 acres Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an annexation agree to waive suchact reeport., but annexingrt. The etter to that effect must and the County ccompanCommissioners y sty petition. Check One: [x] Land Owner-Initiated [ ] Enclave(C.R.S.Municipally � 31-12-106) 5. Attach a list of all special districts (including school districts) of which the territory proposed for annexation is part. 6. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. All residents are land owners. description osed forr annexation. Such a des ription should be as complete as possible ent of the and include: • The location of existing streets and utility lines. • Existing and proposed land use patterns and existing zoning. • Size of commercial or industrial facilities. • Estimated number of school students generated. • Number of dwelling units. City of Greeley Annexation Information Sheet, Item 5 for Cedarwoods Annexation 5. - Taxing Districts Weld County School District #6 :-!) NCW Water Milliken Fire h Milliken Fire Bond --- - Aims Community College Weld Library West Greeley Soil avAvh City of Greeley Annexation Information Sheet, Item 7 for Cedarwoods Annexation 7. Description of intended use and development of the territory proposed for annexation: Location of existing streets and utility lines. The property is bordered on the south by West 20th Street and on the west by 71st Avenue. Both streets currently lie within 60' ROW's. A 30"water main is available in 71st Avenue. There is an existing 18" sealed Tee extending East from this line which could serve the property. There are three water mains in 20th Street: a 12", a 24", and a 30"line, also accessible to the parcel. A 24" sewer main is available in Sheep Draw to the north of the parcel. There is an existing 6-inch, as well as a 12-inch gas line in 20th Street maintained by Public Service Company. Greeley Gas has a line on 71st Avenue. There are existing Public Service overhead electrical lines, and underground U.S.West cables along the entire lengths of 71st Avenue and 20th Street. Service is readily available to the site. Existing and proposed land use patterns and existing zoninv. The existing zoning on the site is Agricultural and was most recently planted in corn. The proposed land uses are foreseen as commercial and single-family residential, and would be consistent with existing and planned uses of the properties to the east and south of the site. Currently, an approximate 6-acre commercial parcel is planned in the Southwest corner of the tract. The proposed development will occur through the City's PUD process. Estimated number of school students generated: 360 students Number of dwelling units: 240±with estimated 1.5 students/household Hello