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Home My WebLink About990795.tiff NOTICE NOTICE IS HEREBY GIVEN that a Petition for Annexation of territory hereinafter described has been presented to the Board of Trustees of the Town of Eaton, Colorado and found to be in apparent compliance with the applicable provisions of law and The Board has adopted a Resolution to set a public hearing to be held at Eaton Town Hall on May 6, 1999 in the Auditorium at 223 First Street in Eaton, Colorado to determine if the proposed annexations complies with the applicable requirements of law. The Resolution adopted by the Town Board for such purpose is in words, letters, and figures as follows: RESOLUTION NO. 99-4 BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF EATON: 1. That annexation proceedings be initiated upon a Petition for Annexation of the following described territory to the Town of Eaton,which Petition appears to be in substantial compliance with the applicable provisions of Chapter 31, Article 12, Colorado Revised Statutes. Description of territory proposed for annexation: Leffler Annexations: Approximately 203 acres with Collins Street on the north boundary and Weld County Road 35 on the west boundary located south and west of Centennial Subdivision. 2. Therefore, 7 o'clock p.m. on May 6, 1999 is hereby established as the time, and the Town Hall at 223 First Street in Eaton, Colorado as the place, for a public hearing to be held before the Town Board to determine if the proposed annexation complies with Sections 31-12-104 and 31-12- 105, C.R.S. or such parts thereof as maybe required to establish eligibility under Part 1 of Chapter 31, Article 12 of said statutes. PASSED,APPROVED AND ADOPTED the 18th day of March, 1999. TOWN OF EATON, CO ORADO fary a e Gush on, ayor se� OF et F �` ATTEST: ?We°b�& 64e7_, C'. & s Erika C. Bagley, Tow CI 990795 y� +rat ,.: 3 3 m n l �' ¢oa 1\ II I Ljl \ a r, l' ,,, \ \\I ; _ ,,1 O O O O 1 r„, __, , , „ -"pi il 0 !, 44, s _ , (u„ ,,, 1 . ,„ 1 e (.::.3. i. 11 _ _ ill", s_____ 3.. .. )y--------cN_LI, ,, I ___ _____ _J I ' ., I I. j\ __ _Yn0 \ II .&_LALJi f UgtTuYll?, ,P o il �. �I -. IJPL _ .� it �JI u-i •r»rs� 4l II 13IIIIiani ' I \ ,. \\ CI -- 9 III 3\ ' nil - _wcnrz �_ �� el it III k"e° COMPREHENSIVE PLAN EXISTING LAND USE re Single Family Detached Homes r� '^"&" Churches THE TOWN OF Attached Residential Units&Duplexes Other Public Uses re... ...a .m..n. Commercial Parks and Other Recreational Facilities E Industrial ... Agriculture I0/12A6 Active Oil&Gas Welk: Vacant or No Identified Use Scale in""as LW sources. IMIIIIIIIIIIII IIIIIIIIIIIIlllIlIIIIIIllllllllllllll'2 NORTH SZ6unon a laid-Torn a Eaton e•epyee Schools TopographyEaton 0 sonar.Pang.-USGS E Quadrangle C +iyTopographyy uan.,s Inc Oa 8 Gas Activity-Cdoa o ql aid Gas Corivnisaa0 Laid use.Flan Survey Community uan48-WV )9BB IMPACT REPORT LEFFLER ANNEXATION The proposed Leffler Annexation contains nearly 203 acres and, while the owners have no immediate plans for development, the comprehensive plan calls for residential use with a density of 4.5 dwelling units per acre. This annexation could then contain between 700 and 800 dwelling units. The property is bounded by WCR 74 on the north and WCR 35 lies along the western border. This report is provided as per state statute and contains information on the impact the proposed annexation and development may have on the current infrastructure of the Town of Eaton.. WATER The town buys treated water from the North Weld County Water District through two master meters. Our contract includes a maximum flow of 2 million gallons of water per day or a total of 730 million gallons per year. In 1998 the town purchased 173 million gallons or 24%of capacity. Peak flows are currently at 69% of capacity. As current projects such as Hawkstone,Eaton Commons, and Haythorn are built both average flow and peak flow will reach capacity which will require a new contract with North Weld and additional water storage projects to serve the Leffler Annexation as it begins to fill. As with all annexations raw water rights will have to be dedicated to the town in sufficient quantities to serve this new area. Parks and open space can be irrigated with well water. SEWER The Town of Eaton Sewage Treatment Plant is designed and has been permitted by the Colorado Department of Health for the following loads: 1) Flow into the plant= 340,000 gallons per day 2) BOD5 (A measure of oxygen demand to break down solids) = 887 pounds per Day based on a 30-day average. We are currently at 60% of capacity on flow into the plant and 66%of BOD5 capacity. As Hawkstone, Kamm and East Eaton continue to add taps these current rates will approach the 85% level when we need to plan for expansion. Haythom and Leffler will eventually add enough flow to necessitate the expansion of the plant. All tap fees on new buildings are placed in a Sewer Construction Fund, which has a current balance of$182,000. Hawkstone, Kamm and East Eaton tap fees will increase this fund to over$770,000(without interest) and Haythorn and Leffler will also add enough to finance a good size expansion to the existing plant. The Leffler Annexation will drain to the west and north so the corner of WCR 35 and WCR 74 is a logical place for a sewage lift station to be located to pump back up to the main sewer line at Collins and Cherry. Capacity studies on this main sewer line should be done as part of the required engineering on any development within the Leffler Annexation. STORM DRAINAGE By ordinance the developer will be required to submit a drainage plan which will include the location and size of storm sewer lines and detention ponds. The storm sewer discharge will be into the Graham Seep Ditch. Once these improvements are completed and approved, they become the responsibility of the town to maintain. STREETS The town currently maintains 15.15 miles of streets. The Leffler Annexation would include all of WCR 74 (Collins Street) from the existing west city limit to WCR 35, as well as the streets that would be built within the subdivision. WCR 35 would continue to be outside the town limits. The Highway Users Tax Fund money the town receives from the state is based on street mileage maintained along with other factors. As this mileage increases so too does the tax fund revenue. SCHOOLS Enrollment in the Eaton School District has been very stable over the last 4— 5 years. Total capacity for all grades is 1,500 students with 1,338 students enrolled for the 1998 — 99 year or 89.2% of capacity. The district average yield is .67 student per dwelling unit, so the Leffler Annexation could generate 469 to 536 new students once it is completed. Combined with Haythom and Eaton Commons the School District will need to increase their capacity by adding to existing facilities or building new ones or a combination of the two. A site within the Leffler property may make a good location for a school facility. The Town and School District recently signed an agreement, which provides for a fee on each residential building permit to be forwarded to the school for land acquisition. This fee is reviewed annually and is currently $681 per dwelling unit Gary A. Carsten, Town Administrator PETITION FOR ANNEXATION The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition the Town Board of the Town of Eaton, Colorado, for annexation to the Town of Eaton the unincorporated territory more particularly described below, to be known as Le_ r lear c -4 Ar,nt.x aeon (NAME OF ADDITION], and in support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory as shown in Attachment A, be annexed to the Town of Eaton; 2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Eaton, Colorado; 3) A community of interest exists between the territory proposed to be annexed and the Town of Eaton, 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 Town of Eaton, 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 or 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 dedicated street, road or other public way; b. Comprising twenty (20) acres or more and which, together with the buildings and improvements situated thereon has an assessed value in excess of Two Hundred Thousand Dollars ($200,000.00) for ad valorem tax purposes for the year preceding 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 one year before this annexation will take place; 9) The area proposed to be annexed comprises: Less than ten (10) acres )( Ten (10) or more acres (An Impact Report prepared by the Town is required per Section 31-12-108.5, CRS, as amended) - 1 - 10) The area proposed to be annexed is located within: a. Weld County b. North Weld County Water District c. Weld Library District d. Eaton School District RE-2 e. Eaton Fire Protection District f. Northern Colorado Water Conservancy District g. Aims Community College District 11) The mailing address of each signer, the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition; 12) Accompanying 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 may showing the boundary of the area proposed to be annexed, such map prepared and containing the seal of a registered engineer or land surveyor; 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 Town of Eaton, 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 covena:nts running with the land, and which shall, at the option of the Town, appear on the annexation map: a. Water rights shall be provided pursuant to Town ordinance and/or annexation agreement; b. The owners shall participate in providing drainage plans and improvements and payment of a unit drainage fee as may be required by the Town for the area; c. The undersigned hereby waive any and all "vested rights"previously created pursuant to Section 24-68-103, CRS, as amended, - 2- d. The undersigned and the Town 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. EXECUTED this day of , 19 . ..3—/el -99 /C r?7 eie 77 Signature of Landowner Date of Signing c -, , c /S- tl ics Je Ff/F'r' a St, c 5Hc. Mailing Address Printed Name of Landowner - 3 - PETITION FOR ANNEXATION The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition the Town Board of the Town of Eaton, Colorado, for annexation to the Town of Eaton the unincorporated territory more particularly described below, to be known as Lt4Fltr Stcon& Ar.ne401/4-1-i0(‘ [NAME OF ADDITION], and in support of said Petition, your petitioners allege that: 1) It is desirable and necessary that the following described territory as shown in Attachment A, be annexed to the Town of Eaton; 2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Eaton, Colorado; 3) A community of interest exists between the territory proposed to be annexed and the Town of Eaton, 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 Town of Eaton, 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 or 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 dedicated street, road or other public way; b. Comprising twenty (20) acres or more and which, together with the buildings and improvements situated thereon has an assessed value in excess of Two Hundred Thousand Dollars (S200,000.00) for ad valorem tax purposes for the year preceding 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 one year before this annexation will take place; 9) The area proposed to be annexed comprises: Less than ten (10) acres X Ten(10)or more acres (An Impact Report prepared by the Town is required per Section 31-12-108.5, CRS, as amended) - 1 - 10) The area proposed to be annexed is located within: a. Weld County b. North Weld County Water District c. Weld Library District d. Eaton School District RE-2 e. Eaton Fire Protection District f. Northern Colorado Water Conservancy District g. Aims Community College District 11) The mailing address of each signer,the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition; 12) Accompanying 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 may showing the boundary of the area proposed to be annexed, such map prepared and containing the seal of a registered engineer or land surveyor; 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 Town of Eaton, 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 Town, appear on the annexation map: a. Water rights shall be provided pursuant to Town ordinance and/or annexation agreement; b. The owners shall participate in providing drainage plans and improvements and payment of a unit drainage fee as may be required by the Town for the area; c. The undersigned hereby waive any and all "vested rights"previously created pursuant to Section 24-68-103, CRS, as amended, - 2- d. The undersigned and the Town 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. EXECUTED this day of , 19 f -' c,kf"-i _9/G .2i /<177 eekle 7 y Signature of Landowner Date of Signing -Z ;.57C /S- VIC 1..9 ff%, f -s;•.s fin- Mailing Address Printed Name of Landowner ATTACHMENT 'A' Property Description (Leffler First Annexation): That portion of Section 1, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 1 as bearing South 89°16'30" West and with all bearings contained herein relative thereto; Beginning at the Northeast corner of the Northwest Quarter of said Section 1, said point being the TRUE POINT OF BEGINNING; thence North 01°18'38" West 30.00 feet to a point on the Northerly Right of Way of Weld County Road No. 74, said point being the Southeast corner of Noffsinger Annexation to the Town of Eaton; thence along said Northerly Right of Way and the Southerly line of said Noffsinger Annexation South 89°16'30" West 1096.50 feet to the Southwest Corner of said Noffsinger Annexation; thence departing said Northerly Right: of Way and said Southerly line of Noffsinger Annexation South 00°44'53" East 60.00 feet to a point on the Southerly Righ t of Way of said Weld County Road No. 74; thence departing said Southerly Right of Way South 00°44'53" East 18413.16 feet; thence South 89°17'46" East 907.80 feet; thence North 00°42'14" East 1811.39 feet, more or less, to the Southeast corner of that certain parcel of land as described in Deed recorded in Book 1290 at Page 473, records of said County; thence along the Southerly, Westerly and Northerly lines of said parcel of land South 89°16'30" West 75.00 feet; thence North 00°42'14" East 90.00 feet, more or less, to a point on the North line of said Northwest Quarter; thence along said North line North 89°16'30" East 216.11 feet to the Northeast corner of the Northwest Quarter of said Section 1 and the TRUE POINT OF BEGINNING. Said description contains 41.02 acres, more or less, and is subject to all existing easements and/or rights of way of record. ATTACHMENT 'A' Property Description (Leffler Second Annexation): That portion of Section 1, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 1 as bearing South 89°16'30" West and with all bearings contained herein relative thereto; Beginning at the Northeast corner of the Northwest Quarter of said Section 1; thence North 01°18'38" West 30.00 feet to a point on the Northerly Right of Way of Weld County Road No. 74, said point being the Southeast corner of Noffsinger Annexation to the Town of Eaton; thence along said Northerly Right of Way and the Southerly line of said Noffsinger Annexation South 89°16'30" West 1096.50 feet to the Southwest Corner of said Noffsinger Annexation; thence departing said Northerly Right of Way and said Southerly line of Noffsinger Annexation South 00°44'53' East 60.00 feet to a point on the Southerly Right of Way of said Weld Counl:y Road No. 74 and the TRUE POINT OF BEGINNING; thence along said Southerly Right of Way South 89°16'30" West 1762.37 feet, more or less, to a point on the Easterly Right of Way of Weld County Road No. 35; thence departing said Southerly Right of Way and along said Easterly Right of Way South 05°14'06" East 1697.91 feet, more or less, to a point on the Northerly and Easterly Top Bank of the Graham Seepage and Drainage Canal, as located in the field on February 23, 1999; thence departing said Easterly Right of Way and along said Northerly and Easterly Top Bank of the Graham Seepage and Drainage Canal the following six (6) courses and distances; South 57°01'29" East 405.92 feet; South 26°29'17" East 182.70 feet; South 05°51'49" East 478.10 feet; South 39°33'17" East 709.35 feet; South 26°16'23" East 822.46 feet; South 13°31'02" East 188.89 feet, more or less, to the Northwesterly corner of Lot A Recorded Exemption No. 0805-1-4-RE-44, records of said County; thence departing said Northerly and Easterly Top Bank of the Graham Seepage and Drainage Canal and along the Northerly line of said Lot A Recorded Exemption No. 0805-1-4-RE-44 North 81°04'00" East 294.70 feet and again North 55°45'13" East 1812.00 feet; thence departing said Northerly line North 00°43'13" East 188.05 feet; thence North 29°28'22" West 468.66 feet; thence North 41°53'22" West 396.00 feet; thence North 24°28'22" West 396.00 feet, more or less, to the Southeast corner of Leffler First Annexation to the Town of Eaton; thence along the South and West lines of said Leffler First Annexation North 89°17'46" West 907.80 feet and again North 00°44'53" West 1848.16 feet, more or less, to a point on the Southerly Right of Way of said Weld County Road No. 74 and the TRUE POINT OF BEGINNING. Said description contains 162.24 acres, more or less, and is subject to all existing easements and/or rights of way of record. Hello