HomeMy WebLinkAbout20250538.tiffIncorporated 1892
RECEIVED
FEB 212025
WELD COUNTY
COMMISSIONERS
223 1st Street
EATON CO 80615
970.454.3338
Fax: 970.454.3339
www.eatonco.org
Town of Eaton
Compliance for Annexation Proceedings for a Public Hearing for
the Great Western Trail Annexation set for March 20, 2025.
Publication of Public Hearing:
02/13/2025 (not less than 30 days prior to hearing)
02/20/2025
02/27/2025
03/06/2025
03/13/2025
Enclosures:
1) Copy of Published Notice
2) Copy of Resolution No. 2025-03 & Exhibit A
3) Copy of Petition for Annexation
4) Copy of Annexation Plat
Respectfully,
ikrIAJ
Margaret Jane Winter
Town Clerk, CMC
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Great Western Trail Annexation
EXHIBIT A
ANNEXATION PROPERTY DESCRIPTION:
A PARCEL OF LAND BEING ANNEXED INTO THE TOWN OF EATON AND BEING A PORTION OF THE SOUTH HALF OF
SECTION 36, TOWNSHIP 7 NORTH. RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN. COUNTY OF WELD, STATE
OF COLORADO AND BEING MORE PARTICULARLY DESCRIBE AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36 FROM WHENCE THE EAST QUARTER COR-
NER OF SAID SECTION 36 IS ASSUMED TO BEAR NORTH 88'4034" EAST A DISTANCE OF 5568.39 FEET WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
THENCE NORTH 88'42'34" EAST ON THE EAST -WEST CENTERLINE OF SAID SECTION 36 A DISTANCE OF 1549.13
FEET TO THE NORTHEAST
CORNER OF EATON SCHOOL ANNEXATION RECORDED AT RECEPTION NO. 4110811 AND THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 88'42'34" EAST ON SAID EAST -WEST CENTERLINE A DISTANCE OF 3229.54 FEET TO
THE NORTHWEST CORNER OF SECOND WEST SIDE ADDITION RECORDED AT RECEPTION NO. 137544;
THENCE SOUTH 01'1721" EAST ON THE WEST LINE OF SAID SECOND WEST SIDE ADDITION A DISTANCE OF 80.00
FEET TO THE NORTHEAST CORNER OF THE NORTHWEST ANNEXATION TO THE TOWN OF EATON RECORDED AT
RECEPTION NO. 1609220:
THENCE SOUTH 86'42'34" WEST BEING EIGHTY (901 FEET SOUTH OF AND PARALILEL TO THE EAST -WEST CENTER-
LINE OF SAID SECTION 36 ON THE NORTH LINE OF THE NORTHWEST ANNEXATION TO THE TOWN OF EATON AND
THE NORTH LINE OF THE NORTH WEST SECOND ANNEXATION RECORDED AT RECEPTION NO. 1717070 A DISTANCE
OF 3229.40 FEET TO THE EAST LINE OF SAID EATON SCHOOL ANNEXATION;
THENCE NORTH 01'23'34" WEST ON SAID EAST LINE A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 258,358 SQUARE FEET OR 5.93 ACRES MORE OR LESS.
Published February 13, 20 and 27, and March 6 and 13, 20231n The North Wild Herald/Centred Weld Voice, Eaton, CO and
uploaded February 13, 20 and 27, and March 6 and 13, 2025 to wwnopublienotieecoloradaeom
TOWN OF EATON, COLORADO
RESOLUTION NO. 2025-03
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING
ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE FOR THE
GREAT WESTERN TRAIL ANNEXATION
WHEREAS, the Town of Eaton, Colorado (the "Town") is a municipal corporation duly organized and
existing under the Constitution and laws of the State of Colorado; and
WHEREAS, the Town Board of Trustees ("Town Board") is vested with the authority to administer the
affairs of the Town; and
WHEREAS, the Great Western Trail Authority, a governmental entity, submitted a Petition for
Annexation of real property to the Town; and
WHEREAS, the Town Board has reviewed the Petition for Annexation, and, finding substantial
compliance as set forth below, desires to initiate annexation proceedings in accordance with state law and set a
public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
EATON, COLORADO, THAT:
Section 1. The Town Board finds that a Petition for Annexation of certain property situated in the South
Half of Section 36, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado,
consisting of approximately 5.93 acres, being more particularly described on Exhibit A, which is attached hereto
and incorporated herein by this reference, filed with the Town Clerk on or about January 9, 2025, to be known as
the "Great Western Trail Annexation," is in substantial compliance with §31-12-107(1), and that a public hearing
should be held to determine if the proposed annexation complies with §§31-12-104 and 31-12-105, C.R.S., or
such parts thereof as may be required to establish eligibility pursuant to §31-12-101, et seq.
Section 2. The Town Board hereby sets a public hearing for such purposes on March 20, 2025, at 7:00
p.m., at 223 1 S' Street, Eaton, Colorado 80615.
Section 3. The Town Clerk shall publish notice of the hearing once per week for four (4) consecutive
weeks in the North Weld Herald, with the first publication at least thirty (30) days prior to the date of the hearing.
The Town Clerk shall also send a copy of the published notice, together with a copy of this Resolution and the
Petition for Annexation, by registered mail to the Weld County Board of County Commissioners and to the Weld
County Attorney and to any special district or school district having territory within the area to be annexed at
least twenty-five (25) days prior to the date fixed for such hearing.
Section 4. This Resolution shall be effective on January 22, 2025.
PASSED, ADOPTED, AND APPROVED at a regular meeting of the Board of Trustees of the Town of
Eaton on this 16'" day of January, 2025.
AT
By:
EST:
Margarane Winter, Town Cler
TOWN OF EATON, COLORADO
R. Heid, May . r ' o Tem
Great Western Trail Annexation
EXHIBIT A
ANNEXATION PROPERTY DESCRIPTION:
A PARCEL OF LAND iiEING ANNEXED INTO THE TOWN OF EATON AND BEING A PORTION OF THE SOUTH HALF CF SECTION 36, TOWNSHIP /
NORTH, RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN, COu4TY CF W1.1), STATE CF COLORADO AND BEING MORE PARTICULARLY DESCRIBE
AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 36 FRCN WHENCE THE EAST OJARTER CORNER OF SAID SECTION 36 IS
ASSUMED TO BEAR NORTH 88'42'34' EAST A DISTANCE OF 5564.39 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 88"4135' EAST ON THE EAST -WEST CENTERLINE OF SAT!) SECTION 36 A DISTANCE OF 15,9.13 FEET TO THE NORTHEAST
CORNER OF EATON SCHOOL ANNEXATION RECORDED AT RECEPTION NO 4'1081! AND THE POINT OF BEGINNING;
THENCE CONTI,JING NORTH 86'42'34' EAST ON SAID EAST -NEST CENTERLINE A DISTANCE OF 3229.54 FEET TO THE NORTHWEST CORNER OF
SECOND WEST SICE ACDITICN RECORDS) AT REcDPTION NO. 137544;
THENCE SOUTH 0,7'21' EAST ON THE WEST UNE OF SAID SECOND NEST SIDE ADDITICN A DISTANCE OF BC.DC FEET TO THE NORTHEAST
CORNER OF THE NORTHWEST ANNEXATION TO THE TOSS OF EATON RECORDED AT RECEPTION NO. 1609270;
THENCE SOUTH 88"42'34" WEST BEING. MITT (NO) FEET SOUTH OF AN') ,ARALLEL TO THE EAST -WEST CENTERLINE OF SAID SECTION 36 ON
THE NORTH LINE CF THE NORTHWEST ANNEXATION TO THE TOWN OF EATON AND THE NORTH UNE OF THE NORTH WEST SECOND ANNEXATION
RECORDED AT RECEPTION Na 1717070 A DISTANCE OF 3229.40 FEET TO THE EAST UNE OF SAID EATON SCHOOL ANNEXATION;
THENCE 505TH 01 73' S4" WEST ON SAID EAST LIVE A DISTANCE CF HOOD FEET TO THE POINT OF BEGINNING,
SAID PARCEL CONTAINS 259,356 SQUARE FEET 0) 5.93 ACRES MORE OR LESS.
g.
PETITION FOR ANNEXATION
GREAT WESTERN TRAIL
EATON, COLORADO
TO: THE TOWN BOARD OF TRUSTEES OF THE TOWN OF EATON, COLORADO:
The undersigned (the "Petitioners"), being the owners of more than fifty percent (50%) of the
property proposed to be annexed, exclusive of public streets and alleys, which property is described in
Exhibit A attached hereto and incorporated herein by this reference (the "Property") , hereby petitions the
Town Trustees (the "Trustees") of the Town of Eaton, Colorado, a Colorado municipal corporation (the
"Town"), for annexation of the Property in accordance with the provisions of Title 31, Article 12, Part 1,
C.R.S., as amended.
In support of this petition, the Petitioners state the following:
1. It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met:
a. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous
with the existing boundaries of the Town.
b. Contiguity with the Town is not established by: (i) use of any boundary of an
area: previously annexed to the Town that, at the time of its annexation, was
not contiguous at any point with the boundary of the Town , was not otherwise
in compliance with Section 31-12-104(1)(a), C.R.S., and was located more than
three miles from the nearest boundary of the Town ("Non -Contiguous Area"); or
(ii) use of any boundary of territory subsequently annexed directly to, or
indirectly connected through subsequent annexations to, a Non -Contiguous
Area.
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.
e. The Property is integrated or is capable of being integrated with the Town.
f. In establishing the boundaries of the Property, 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 been divided into separate
parts or parcels without the written consent of the landowner unless separated
by a dedicated street, road, or other public way.
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 acres or more which, together with the buildings and improvements
situated thereon, has a valuation for assessment in excess of $200,000 for the
preceding tax year has been included in the Property without the written
consent of the landowner.
h. No annexation proceedings have been commenced for the annexation of all or
any portion of the Property to another municipality.
i. The annexation of the Property shall not result in the detachment of area
from any school district or the attachment of area to another school district.
3. No portion of the Property is more than three miles in any direction from any point of
the Town boundary as such was established more than one year before this
annexation will become effective.
4. 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 boundaries of the Property.
5. The Property is not presently a part of any incorporated town, Town and county, or City.
6. The Petitioners comprise more than fifty percent (50%) of the landowners owning more
than fifty percent (50%) of the territory included in the area proposed to be annexed,
exclusive of streets and alleys. A legal description of the land owned by each Petitioner is
set forth in Exhibit B attached hereto and incorporated herein by this reference.
7 Accompanying this Petition are four copies of an annexation map showing the seal of a
registered engineer or land surveyor, containing the following information:
a. A written legal description of the boundaries of the Property;
b. A showing of the boundary of the Property;
c. A showing of the location of each ownership tract in unplatted land and, if part
or all of the Property is platted, the boundaries and the plat numbers of plots or
of lots and blocks;
d. Next to the boundary of the Property, a drawing of the contiguous boundary
of the Town and any other municipality abutting the Property.
8. In the event that the annexation or zoning of the property is overturned by court action or
a successful referendum, this annexation shall be declared null and void and the Town
agrees to take all action to disconnect the property from the Town limits.
9. The Petitioners signed this Petition no more than one hundred eighty (180) days prior to
the date of filing.
10. The Petitioners shall pay all fees and costs incurred by the Town in processing this
Petition through the annexation hearing before the Town Trustees.
"*Signature Page Follows***
WHEREFORE, the Petitioners respectfully request that the Town Trustees approve the
annexation of the Property.
Petitioners: Great Western Trail Authority
By:
Mailing Address:
Date of Signature:
� w k.
Manager
PO Box 339
Severance, CO 80546
0 / I 01 A5'
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 Eaton, Colorado, consisting of five (5) pages, including this page and Exhibits, and that the signature
thereon was witnessed by your affiant and is the true signature of the person whose name it purports to
be.
SLiD I F— , Ze, ti S
(Please Print)
(Signature)
STATE OF COLORADO )
,,, / , f )ss.
/ COUNTY OF ()e/ )
TFj ,foregoing Affidavit of Circul or was sub crjbyd and affirmed before me this day of
JQ,ru,1D rth'?E S, by il1enta! J anteS
Witness my hand and official seal.
Notary Public
[S E AL]
My commission expires: fr4f ,( D
CYNTHIA SUE SPARKS
NOTARY PUBUC
STATE. OF COLORADO
NOTARY ID 20174015685
MY COMMISSION EXPIRES 4-11-2025
444,4
GREAT WESTERN TRAIL ANNEXATION
BEING A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 7 NORTH,
RANGE 66 WEST, OF THE 6TH PM
COUNTY OF WELD, STATE OF COLORADO
SHEET OF
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GREAT WESTERN TRAIL ANNEXATION
BEING A PORTION OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 7 NORTH.
RANGE 66 WEST, OF THE 6TH PX
COUNTY OF WELD, STATE OF COLORADO
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ZONING EXHIBIT
GREAT WESTERN TRAIL ANNEXATION
EXISTING
ZONING:
WELD COUNTY
AG
PARCEL NUMBER 070736300013
EXISTING ZONING WELD COUNTY AG
PR
EXISTING
ZONING:
HC
EXISTING
ZONING:
AG
N
DATE PRINTED.. January 7, 2025
OPOSED ZONING R-1
17r/7777777777 777/7x1 7i 717fJr11
SST
EXISTING
ZONING:
WELD COUNTY
AG
PARCEL NUMBER 070736400014
EXISTING ZONING WELD COUNTY AG
PROPOSED ZONING R-1
777/777777 777/777T/7 77 777TT/77 /A _
EXISTING ZI ING: R-1
0
(STING
ONING:
IIR-2
GRAPHIC SCALE
ON FEET)
1 NCH - 400 FT
LEGEND
PROPOSED ZONING
EATON ZONING
LOT LINES
TOWN BOUNDARY
LOCAL ROADS
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