HomeMy WebLinkAbout20242942.tiffRECEIVED
OCT 31 2024
WELD COUNTY
COMMISSIONERS
PETITION FOR ANNEXATION
TO: BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE, COLORADO
RE: PROPERTY KNOWN AS: Platte View Commerce Subdivision
The undersigned landowners, in accordance with Title 31, Article 12, Part 1, C.R.S.,
known as the Municipal Annexation Act of 1965, hereby petition the Town of Platteville,
Colorado (the "Town"), for annexation to the Town of the following described unincorporated
area situate and being in the County of Weld, State of Colorado (the "Property"):
(See Exhibit A attached hereto and incorporated herein by reference)
In support of their Petition, Petitioners state as follows:
I. That it is desirable and necessary that the Property be annexed to the Town of Platteville,
Colorado.
2. That the Property meets the requirements of C.R.S. §§ 31-12-104 and 105, in that:
a. Not less than 1/6 of the perimeter of the Property is contiguous with the existing
boundaries of the Town, disregarding for contiguity purposes, as allowed by C.R.S. § 31-12-
104(1)(a), the existence of any platted street or alley, any public or private right-of-way, any
public or private transportation right-of-way or area, public lands (except county -owned open
space) or any lakes, reservoirs, streams or other natural or artificial waterways located between
the Town and the Property. The contiguity required by C.R.S. § 31-12-104(1)(a) has not been
established by use of any boundary of an area that was previously annexed to the Town where
the area, at the time of its annexation, was not contiguous at any point with the boundary of the
Town, and was not otherwise in compliance with C.R.S. § 31-12-104(1)(a), and was located
more than three miles from the nearest boundary of the Town, nor was the contiguity required by
C.R.S. § 31-12-104(1)(a) established by use of any boundary of territory that was subsequently
annexed directly to, or which was indirectly connected through, subsequent annexations of such
an area.
b. The proposed annexation will not create any disconnected municipal satellites.
c. A community of interest exists between the Property and the Town.
d. The Property is urban or will be urbanized in the near future, and said area is
integrated or is capable of being integrated with the Town.
e. 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:
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i. 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.
ii. Comprising 20 acres or more and which, together with the buildings and
improvements situated thereon, has a valuation for assessment in excess of $200,000 for
ad valorem tax purposes for the year next preceding the annexation is included within the
Property without the written consent of the landowner(s) unless such tract of land is
situated entirely within the outer boundaries of the Town as they exist at the time of
annexation.
f. No annexation proceedings have been commenced for the annexation to another
municipality of part or all of the Property.
g. The annexation of the Property will not result in the detachment of area from any
school district and the attachment of same to another school district, unless accompanied by a
resolution of the board of directors of the school district to which such area will be attached
approving such annexation.
h. The annexation of the Property will not have the effect of extending the boundary
of the Town more than three miles in any direction from any point of the Town's boundary in
any one year.
i If a portion of a platted street or alley is to be annexed, the entire width of said
street or alley is included within the Property.
j. Reasonable access will not be denied to landowners, owners of easements or the
owners of franchises adjoining any platted street or alley to be annexed that will not be bordered
on both sides by the Town.
3. That attached hereto and incorporated herein by reference are five prints of a black ink or
Mylar annexation map, prepared, stamped and signed by a professional engineer or land
surveyor registered in the State, containing the following information:
a. A written legal description of the boundaries of the Property.
b. A map showing the boundary of the Property.
c. Within the annexation boundary map, a showing of the location of each
ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries
and the plat numbers of plots or lots and blocks.
d. Next to the boundary of the Property, a drawing of the contiguous boundary of the
Town and the contiguous boundary of any other municipality abutting the Property.
c. The physical relationship of the Property to the existing corporate limits of the
Town.
f. Boundaries of special districts, if any, having jurisdiction over the Properly.
g. The location and width of existing street and utility easements within or adjacent
to the Property.
h. The location and site of the nearest existing utility lines.
i. Existing development within the Property, and the current source of water,
sanitary sewer and storm drainage service for such development.
j. Proposed zoning of the Property and exact boundaries of zoning districts if more
than one district is proposed.
k. Date, scale and north sign.
4. That Petitioners are the landowners of more than 50% of the Property, exclusive of
streets and alleys.
5. That all Petitioners signed this Petition no more than 180 days prior to the date of the
filing of this Petition.
6. That this Petition satisfies the requirements of Article II, § 30 of the Colorado
Constitution in that it is signed by persons comprising more than 50% of the landowners of the
Property who own more than 50% of the Property, excluding public streets and alleys and any
land owned by the Town.
7. That no election has been held within the last 12 months for annexation of the Property to
the Town.
8. That upon the effective date of the ordinance annexing the Property to the Town, the
entire Property shall become subject to the ordinances, resolutions, rules and regulations of the
Town, except for general property taxes which shall become effective on January 1 of the next
year following passage of the annexation ordinance.
9. That attached hereto and incorporated herein are the following:
a. Evidence of fee ownership of each separately owned parcel of the Property,
consisting of a commitment for or a title insurance policy, an attorney's written title opinion, a
subdivision certificate or a written ownership and encumbrance report, effective as of a date not
later than 30 days before the date of filing.
b. A legal description of water and ditch rights appurtenant to the Property,
identified to each ownership parcel.
c. Evidence that the Property is within the established Town three-mile planning
area or evidence that the Town is willing to extend the Town boundaries beyond the established
three-mile planning area as specified in C.R.S. § 31-12-105(1)(e).
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d. Evidence that Pctitioncrs arc authorized on behalf of the corporation, partnership
or joint venture owning the Property, to execute all documentation related to this Petition.
10. That, by the date that is 90 days after the effective date of the annexation ordinance, the
Property shall be brought under the Town's zoning code and map.
11. That Petitioners agree to reimburse the Town for all costs and expenses incurred by the
Town in reviewing and processing this Petition, as provided by and pursuant to § 15-1-110 of the
Platteville Municipal Code.
12. That Petitioners have not requested from any government entity review of a site specific
development plan that would vest Petitioners with the property rights contemplated in C.R.S. §
24-68-101, et seq., and that Petitioners hereby waive any vested property rights for the Property
resulting front any prior approval of any site specific development plan as defined in C.R.S. §
24-68-101, et seq.
13. That this Petition and the annexation of the Property are specifically conditioned on the
negotiation and execution by Petitioners and the Town of a mutually acceptable annexation
agreement.
14. That Petitioners reserve the right to withdraw this Petition at any time prior to the
adoption of an annexation ordinance.
[SIGNATURE PAGES TO FOLLOW]
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WHEREFORE, the undersigned Petitioners respectfully request that the Board of
Trustees approve the annexation of the Property to the Town.
PETITIONERS:
COLORADO
COUNTY OF (X e ld
)as.
N
Scott S. Farr 11
5102 Lake Terrace Lane
Firestone, CO 80504
Subscribed, sworn to and acknowledged before me this I / day of 3-LU'I,X
2024, by Scott S. Farrell.
My Commission expires (-40.',/(2")/S7
(SEAL)
STEPHANIE LYNN NIX
Notary Public
State of Colorado
Notary ID 0 20214007424
My Commission Expires 02-23-2025
COLORADO
COUNTY OF L ye (Ci
)as.
r
Notary Public
: 2.4i1.C//
ell
e Lane
Laurel J. Farr
5102 Lake Te
Firestone, CO 80504
Subscribed, sworn to and acknowledged before me this i`a day of J i,U1 -
2024, by Laurel J. Farrell.
My Commission expires (9)=73),-X)
(SEAL)
STEPHANIE LYNN NIX
Notary Public
State of Colorado
Notary ID 0 20214007424
My Commission Expires 02-23-2025
-1/( (-Lt
Notary Public
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, being first duly sworn upon oath, deposes and
says:
That he or she was the circulator of the foregoing Petition for Annexation of lands to the
Town of Platteville, Colorado, consisting of 7 pages including this page, and that each signature
thereon was witnessed by the af6ant and is the true signature of the person whose name it
purports to be.
STATE OF COLORADO )
ss.
COUNTY OF WTI C )
Sub cri ed, sworn to q d acknowledged before me this )64 day of TI.A ^1C,
2024, by J-- /rime' rle' SIC
My Commission expires (]7)rY31-a.),
(SEAL)
STEPHANIE LYNN NIX
Notary Public
State of Colorado
Notary ID C 20214007424
My Commission Expires 02-23-2025
Notary Public
6
Exhibit A
Lot A, Recorded Exemption No. 1209-21-4 RECX19-0002, Situate in the Southeast Quarter of
Section 21, Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado
as recorded at reception no. 4732018 in the real property records of Weld County, Colorado.
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Commission of the Town of
Platteville, Colorado, will hold a Public Hearing at the Platteville Town Hall, 400 Grand Avenue,
Platteville, Colorado, on Tuesday, Nov. 19, 2024 at 6:30 p.m. or as soon thereafter as time
permits, to consider a final plat for nine lots located at the northwest intersection of CR 19 and
SH 66.
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Platteville, Colorado,
will hold a Public Hearing at the Platteville Town Hall, 400 Grand Avenue, Platteville, Colorado,
on Nov. 19, 2024 at 7:00 p.m. or as soon thereafter as time permits, to consider a final plat for
nine lots located at the northwest intersection of CR 19 and SH 66.
LEGAL DESCRIPTION
A parcel of land, being a portion of Lot A, Recorded Exemption No. 1209-21-4 RECX19-0002
as recorded July 2, 2021 as Reception No. 4732018 of the Weld County Clerk & Recorder
(WCCR), situate in the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Three
North (T.3N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6th P.M.),
County of Weld, State of Colorado and being more particularly described as follows:
COMMENCING at the Southeast corner of said Section 21 and assuming the South line of said
SE1/4 /4 as bearing South 89°58'29" East, being a Grid Bearing of the Colorado State Plane
Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2600.34 feet
and with all other bearings contained herein relative thereto;
THENCE North 12°14'27" West a distance of 153.53 feet to the Southeast corner of said Lot A
and to the North line of the Highway No. 66 Annexation #7, as recorded November 14, 2017 as
Reception No. 4352185 of the WCCR and to the POINT OF BEGINNING;
Thence along said North line the following three courses and along the South, West, North lines
of Lot A and an extension thereof the following seven courses:
THENCE South 56°28'02" West a distance of 72.39 feet;
THENCE South 87°58'48" West a distance of 700.45 feet;
THENCE South 78°15'22" West a distance of 101.54 feet to the Northeast line of the 8677
Highway 66 Annexation as recorded April 21, 2021 as Reception No. 4706895 of the WCCR;
Thence along said Northeast line and an extension thereof the following two courses:
THENCE North 19°08'29" West a distance of 221.74 feet;
THENCE North 44°48'29" West a distance of 471.90 feet;
THENCE North 00°41'31" East a distance of 546.70 feet;
THENCE North 89°01'40" East a distance of 1241.20 feet to the West Right of Way line of Weld
County Road 19; THENCE South 00°58'20" East, along said West line, a distance of 1026.80
feet to the POINT OF BEGINNING.
Said described parcel of land contains 1,221,742 Square Feet or 28.047 Acres, more or less (±).
Any person may appear at the public hearing and present evidence on the proposed annexation.
For questions or comments, contact the Town of Platteville, 400 Grand Avenue, Platteville, CO
80651, (970) 785-2245.
Danette Schlegel, Platteville Town Clerk
\TOWN OF PLATTEVILLE
BOARD OF TRUSTEES
RESOLUTION NO. 2024-19
A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION AND
ESTABLISHING NOVEMBER 19, 2024 AS THE DATE OF PUBLIC
HEARING ON THE REQUESTED ANNEXATION OF A PARCEL OF
UNINCORPORATED TERRITORY LOCATED IN THE COUNTY OF
WELD, KNOWN AS THE PLATTE VIEW ANNEXATION
WHEREAS, Scott and Laurel Farrell, the owners of unincorporated territory comprising
100% of the area proposed for annexation pursuant to C.R.S. § 31-12-107, has filed a petition for
annexation (the "Petition") of certain unincorporated land to the Town, which land is more
particularly described in Exhibit A attached to the Petition;
WHEREAS, pursuant to C.R.S. § 31-12-108, the Town may accept the Petition, if
complete, and establish a date, time and place that the Board of Trustees will hold a public hearing
to consider the annexation and the applicable requirements of the Municipal Annexation Act of
1965, C.R.S. § 31-12-101, et seq.; and
WHEREAS, the Board of Trustees, at its regular meeting on Oct. 15, 2024, reviewed the
Petition and various documents submitted in support of the Petition.
NOW BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
PLATTEVILLE, COLORADO, THAT:
Section 1. The Petition is hereby accepted and found to be in substantial compliance
with the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq.
Section 2. A public hearing is scheduled for Tuesday November 19, 2024, at 7:00 p.m.,
at the Platteville Town Hall, 400 Grand Avenue, Platteville, Colorado 80651, to determine if the
proposed annexation complies with the Municipal Annexation Act of 1965, C.R.S. § 31-12-101,
et seq., and the Constitution of the State of Colorado, Article II, Section 30, as amended.
Section 3. Any person living within the area proposed to be annexed, any landowner
of lands thereof, any resident of the Town, any municipality located within one mile of the
proposed annexation, or the Board of County Commissioners of Weld County may appear at such
hearing and present evidence upon any matter to be determined by the Board of Trustees.
ADOPTED this 156 day of October, 2024.
ATTEST:
Danette Schlegel, own Cle
PLATTE VIEW ANNEXATION
A parcel of land, being a portion of Lot A, Recorded Exemption No. 1209-21-4 RECX19-0002 as recorded
July 2, 2021 as Reception No. 4732018 of the Weld County Clerk & Recorder (WCCR), situate in the
Southeast Quarter (SE 1/4) of Section Twenty-one (21), Township Three North (T.3N.), Range Sixty-seven
West (R.67W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being
more particularly described as follows:
COMMENCING at the Southeast corner of said Section 21 and assuming the South line of said SE1/4 as
bearing South 89°58'29" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North
Zone, North American Datum 1983/2011, a distance of 260034 feet and with all other bearings contained
herein relative thereto;
THENCE North 12°14'27" West a distance of 153.53 feet to the Southeast corner of said Lot A and to the
North line of the Highway No. 66 Annexation #7, as recorded November 14, 2017 as Reception No.
4352185 of the WCCR and to the POINT OF BEGINNING;
Thence along said North line the following three courses and along the South, West, North lines of Lot A
and an extension thereof the following seven courses:
THENCE South 56°28'02" West a distance of 72.39 feet;
THENCE South 87°58'48" West a distance of 700.45 feet;
THENCE South 78°15'22" West a distance of 101.54 feet to the Northeast line of the 8677 Highway 66
Annexation as recorded April 21, 2021 as Reception No. 4706895 of the WCCR;
Thence along said Northeast line and an extension thereof the following two courses:
THENCE North 19°08'29" West a distance of 221.74 feet;
THENCE North 44°48'29" West a distance of 471.90 feet;
THENCE North 00°41'31" East a distance of 546.70 feet;
THENCE North 89°01'40" East a distance of 1241.20 feet to the West Right of Way line of Weld County
Road 19; THENCE South 00°58'20" East, along said West line, a distance of 1026.80 feet to the POINT
OF BEGINNING.
Said described parcel of land contains 1,221,742 Square Feet or 28.047 Acres, more or less (±).
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