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Home My WebLink About991126.tiff t•'_I r. C City of Greeley June 21, 1999 TO: Weld County Commissioners Weld County Attorney's Office Weld County School District Six Northern Colorado Water Conservancy District Union Colony Fire & Rescue Authority Aims, College Weld Library District FROM: Cheryl Aragon, Deputy City Clerk SUBJECT: Miller Farm Annexation The Greeley City Council received a petition for annexation of property located generally east of 1st Avenue and north of 30th Street, known as the Miller Farm Annexation. Your taxing district/jurisdiction'.is listed as being one of which the territory proposed for annexation is part. A public hearing will be held on Tuesday, July 6, 1999, 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: July 6, 1999 7:30 p.m. City Council Chambers Public Safety Building 919 7th Street Greeley, CO If additional information is desired or if you have questions, please call the City Clerk's Office at 350-9743. Attachments Notice of Public Hearing Resolution IL1- SERVING OUR COMMUNITY • I T ' S A TRADITION isidici We promise Jo preserve am/improve l!ie yuafi/y of fife for 9reeley lerouy/i/ime y, courteous an(/cos/e1 cr . 40L Pw, 04, Cm, 991126 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 "Miller Farm" Annexation and is located generally east of 1 st Avenue and north of 30`h Street. The hearing shall be held on July 6, 1999, in the City Council Chambers of 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 June, 1999. Betsy D. Holder City Clerk CITY OF GREELEY, COLORADO RESOLUTION NO. 22 , 1999 CASE NO. A 1:99 A RESOLUTION FOR THE MILLER FARM ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, John Moser, on behalf of Stromo LLC, has submitted an annexation petition to the City of Greeley for annexation of property located at 2808 1" 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 July 6, 1999, 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 18thday of Mav , 1999. ATTEST: CITY OF GREELEY: City Cle ayor ATTACHMENT F PETITION FOR ANNEXATION MILLER FARM 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, "Miller Farm 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 ovvner(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 Ow er(s ame(s) and Signature(s) Mailing Address Date of Signing The fore ing signature(s) me was/were subscribed nd sworn to bef e his day of fore f , 1999, by ✓✓✓✓� 4 2oh ses • Witness my hand and official seal. iaa_. My commission expires y /-4o� Notary Public Land Owned If necessary, attach separate sheet. FF.O1 : ( I?Y OF 6FEELEY FI :1 HO . : 97 509ynq • AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss_ COUNTY OP WELD ) being first duly sworn, states upon oath that lie/she is the cirwlator 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_ f_A (Signature o� Circanor The A;ffidav�-tt,,��was \and sworn t before me this day of , 19�/, by t Sik fro) Witness my hand and official seal. My commission expires J) • I -9 / 4PuNobh • '4! ,':, PR 22 199- 9 L i CITY OF GREELEY ANNEXATION INFORMATION SHEET The following information is required to process the annexation of land into the City of Greeley. This sheet must be attached to a completed annexation petition. TO BE COMPLETED BY APPLICANT Date 1/18/99 1. Name of Annexation Miller Farm 2. Name of Property Owner(s) Stromo L.L.C. Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary): 2808 1st Avenue 3. Person to Contact (Name, Address and Phone) Ken Crumb, 811 47th Avenue Court, Greeley, CO 80634, (970) 351-6046 4. Size (in acres) 75.99 acres +/- Sites larger than 10 acres require (as per C.R.S. 31-12-108.5, amended) an annexation impact report. The annexing body and the County Commissioners may agree to waive such report, but a letter to that effect must accompany this petition. Check One: [x] Land Owner-Initiated [. ] Municipally Owned (C.R.S. 31-12-106) [ ] Enclave (C.R.S. 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. N/A 7. Attach a description of the intended use and development of the territory proposed for annexation. Such a description should be as complete as possible 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. I If Miller Farm Annexation H '(,± -r ; DC Greeley, Colorado 748 WHALERS WAV•BLDG F.SUIT(200•FOR'COLLINS CJ 80525 Project No. 91333 (970)223-I820 January 21, 1999 SPECIAL DISTRICTS 1 . School District: Weld County School District 6 2. Fire District: Union Colony Fire District 3. Water District: Northern Colorado Water Conservancy District 4. Sanitation District: None b• (�Ui /1• k Apr-07-99 09: 21A drexel barrell greeley (970) 351 -Ohbb . Post-It•Fax Note 7671 Date 4•Z-Cf.\I4 es*, \` Tor...._. �,..43,w....y From.Na-QL..w+d CoJD•pt.c sc co‘es-\e.) co t 11YeaA.pr rre\\ Phone• Phone e Fax* -*asb - oiO\°t Fax* !611.32' J -lec• Zee OWNER:TRACT F HOMESTEAD -/�� \ , PROPERTIES, LTD. S U Ft STATE PREPAF THAT. AND C( '� LEGAL DESCRIPTION: of GRE i A PARCEL OF LAND IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: j ,, COMMENCING AT THE NORTHWEST CORNER OF SEC. 21 THENCE N89'51'20'E, / 30.00' ALONG THE NORTH LINE OF SECTION 21 TO THE TRUE POINT OF i BEGINNING; THENCE CONTINUING ALONG THE NORTH LINE OF SECTION 21, ACC , N89'S1'20.E, 2033.19'; THENCE S73'20'256 E, 427.42' TO THE EASTERLY 0 BOUNDARY OF THE EXCEPTION AS CONVEYED BY DEED RECORDED MARCH 5. D 1974 IN BOOK 709 AS RECEPTION NO. 1631400; THENCE S1814'33.E, 541.46' r— TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 21; THENCE SAID M SOO'D4'25.W, 676.83' TO THE SE CORNER OF THE N 1/2 OF THE NW 1/4 OF COLOR. SECTION 21; THENCE S89'44'48.W, 2611.32' ALONG THE SOUTH LINE OF THE N SAID C 1/2 OF THE NW 1/4 OF SECTION 21 TO THE EAST RIGHT—OF—WAY LINE OF THERE( .00 /, LINE AVENU E; T EN CE T OO 00 TRUE POIN 01T0E ALONG N NEG EAST RIGHT—OF--WAY OATTES". SAID PARCEL CONTAINS 76.94 ACRES, MORE OR LESS. Miller Farm Annexation n � . ,, .: ' "-.,.� va�FjbicS .a A'tr' a y �a MN�, l t Y \ 1 Q_m 0.k, ka;' i° ,„,„,,w, ?V't€`'$x;a s ems'.. s. t, S, r_ ,x WYI!CQUI111) a - —^ y l r� v ye � ! - Y9 rytiy - f . Q A-su Qb F r ,, c .1 y 1 F a` a\ T �! yk wr 1F fi�j'' Weld County w, ,ra 7t - G A-. f`.tz ° :dart 'r d� 4_ u5 �Y" "i' {` �� 4 r tiro v ,'ay_ e i.�.r 'lY 11t 'dx�� iv r^-2n .i d s- .. 5,� l P li 9.tt t4(t �'3'iC A� ' Il.e i 3 x"' !. v 'j ¢`BM+i r b t� � ,$'P` (:.t `Y' y t y r Vy. 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