HomeMy WebLinkAbout952490.tiff :WELD CCU 'TY
November 10, 1995 (To
^; ' y 114 LI 9: 28
TO: Weld County Commissioners CLERK
Weld County Attorney's Office TO THE r<n F.D
Weld County School District RE-4
Northern Colorado Water Conservancy District
Milliken Fire District
Aims Community College
Windsor-Severance Library District
West Greeley Soil Conservation Distric
FROM: Betsy D. Holder, Greeley City Clerk C(N
SUBJECT: Boomerang Ranch Second Annexation
The City of Greeley City Council has received a petition for annexation of property
generally located southeast of the intersection of 83rd Avenue and 10th Street.
The petition will be considered by the City Council at their regular meeting scheduled
for December 19, 1995. A public hearing will be held at this time and it will be determined
whether the property is eligible for annexation.
A copy of the petition as filed is attached. The notice of public hearing, to be published
in the Greeley Tribune on November 17, November 24, December 1, and December 8, 1995,
will appear as follows:
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 "BOOMERANG RANCH SECOND" annexation and is
located generally southeast of the intersection of 83rd Avenue and
10th Street. The hearing shall be held on December 19, 1995, 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. Persons wishing to examine the
annexation petition may do so at the office of the City Clerk
during business hours. The petition, exclusive of signatures, is
set forth below:
IBpJ
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PETITION FOR ANNEXATION
BOOMERANG RANCH ANNEXATION
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, " Boomerang Ranch Second
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 annexed 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.
Land Owner(s) Name(s) and Signature(s) Mailing Address Date of Signing
The Boomerang inters Fitch Company 808 23rd Avenue 10-26-95
By: � �j 40 f�. Mg / Greeley, CO 80631
LCC
Rick D. Hertzke, 'res.
The foregoing signature(s) was/were subscribed and sworn to before me this 7tith day of
October , 19 95, by Rick D. Hertzke
Witness my hand and official seal.
ciJ?rM) j. 1 Q�,d f Ct� My commission expires ?m� oR, 1-99c, .
Notary Public.
Land Owned
A parcel of land located in the NWT of Section 8. Township 5 North, Range 66 West of the
6th P.M. (See Property Description Map.)
If necessary, attach separate sheet.
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