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Home My WebLink About20252845.tiffResolution Approve Petition for Annexation of County Road 35 (aka North 35th Avenue), from "F" Street to "0" Street, and Authorize Chair and County Attorney to Sign — City of Greeley Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, the Board has been presented with a Petition for the Annexation of County Road 35, also known as North 35th Avenue, from "F" Street to "O" Street from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, to the City of Greeley, commencing upon full execution of signatures, with further terms and conditions being as stated in said petition, and Whereas, after review, the Board deems it advisable to approve said petition, a copy of which is attached hereto and incorporated herein by reference. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Petition for the Annexation of County Road 35, also known as North 35th Avenue, from "F" Street to "O" Street from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, to the City of Greeley, be, and hereby is, approved. Be it further resolved by the Board that the Chair, and Bruce Barker, Weld County Attorney, be, and hereby are, authorized to sign said petition. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 20th day of October, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc: GA(eP /Irm), PwfCH oim:I HIOU(S©) \v \ 3u\ as 2025-2845 EG0083 ANNEXATION PETITION TO THE CITY OF GREELEY WCR 35 (35th AVE) FROM "F" STREET TO "O" STREET ANNEXATION DATE:040190 Zq 2025 TO: THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO. I, Perry L. Buck, serving as Chair of the Board of County Commissioners of the County of Weld, on behalf of County of Weld ("Petitioner" or "County"), a political subdivision of the State of Colorado, in accordance with Colorado law, hereby petition the City of Greeley ("City") and its Board for annexation to the City of the following described unincorporated territory located in the County of Weld, State of Colorado, to -wit: The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. seq., Colorado Revised Statues, hereby petition the City Council of the City of Greeley for annexation into the City of Greeley the unincorporated territory, the legal description of which is attached hereto as Exhibit "A" and shown in Exhibit "B" and incorporated herein by this reference, located in the County of Weld and State of Colorado, and This annexation shall be known as the "35th Avenue From "F" Street to "O" Street Annexation to the City of Greeley" In support of this petition, the petitioner further states to the City Council that: 1. It is desirable and necessary that the territory described or shown in attached Exhibits A and B be annexed to the City of Greeley. 2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes, as amended, exist or have been met in that: Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Greeley or will be contiguous with the City of Greeley within such time as required by Section 31-12-104. 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 with or is capable of being integrated with the City of Greeley. 2025-2845 0) (0/20 e. No land within the boundary of the territory proposed to be annexed which is 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 or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. No land within the boundary of the territory proposed to be annexed which is 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, comprises twenty 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 next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. g. 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 twelve months preceding the filing of this petition. h. 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 i. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Greeley more than three miles in any direction from any point of the boundary of the City of Greeley in any one year. k. The territory proposed to be annexed is 8.5 acres in total area. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1)(e), C.R.S., which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, and sanitation to be provided by the City of Greeley; including the providers of transportation, light, natural gas, and 2 power, and the proposed land uses for the area; such plan to be updated at least once annually. m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Greeley but is not bounded on both sides by the City of Greeley. 3. The owners of more than fifty percent (50%) of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one -hundred percent (100%) of the landowners of the territory 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. 4. Accompanying this petition are four copies of an annexation map as well as an electronic file that will contain the following information: a. A written legal description of the boundaries of the area proposed to be annexed, in the form of a title commitment issued within 30 days of the application date; b. A map showing the boundary of the area proposed to be annexed said map prepared by and containing the seal of a registered engineer; c. 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; d. 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; e. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Greeley and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries; 3 f. A full legal description of property to be annexed in word format; g. A tax certificate showing all taxing entities; h. Mineral owner's notification certificate; and An acceptance block describing the acceptance action by the Mayor on behalf of the City of Greeley and providing for the effective date and City Clerk attest signature. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the City of Greeley, except for general property taxes of the City of Greeley, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is A-1, Agricultural District. The petitioner agrees that said annexed land shall be zoned pursuant to the Greeley Municipal Code within ninety (90) days from the effective date of the annexation ordinance. 7. There shall be no duty or obligation upon the City of Greeley to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the City, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the City. 8. An annexation agreement has been or will be executed by the petitioner herein and the City of Greeley relating to this annexation and the petitioner hereby expressly consents to the terms and conditions set forth in the annexation agreement. 9. The petitioner agrees to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the City, appear on the annexation map: All conditions set out in the annexation agreement executed by the petitioner. THEREFORE, the petitioner, whose signature is on the signature sheet on the next page, respectfully petitions the City Council of the City of Greeley to annex the territory described, shown and/or referenced to in Exhibits A and B to the City of Greeley in accordance with and pursuant to the statues of the State of Colorado. 4 ATTEST: .47-4110 � BOARD OF COUNTY COMMISSIONERS WELD COUNTY Clerk to the Board B (Deputy) Clerk to he Board STATE OF COLORADO ) ss COUNTY OF WELD B WELD COUNTY, COLORADO Perry [ Buck, Chair OCT 2 0 2025 The above and foregoing instrument was subscribed and sworn to before me this ZO 1'h day of co ocyeli , 2025. Witness my hand and official seal. My commission expires on: $L embzi t0, 2b -a MavuC1vpoY7 Notary Public I I5D 0 s+ - Address Cive-e k co HOUSTAN MARIE ARAGON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20244035426 MY COMMISSION EXPIRES SEPTEMBER 20, 2028 (SEAL) 5 ZoL5 -2$45 C D - I AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the City of Greeley, Colorado, consisting of 6 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of t , - person whose name it purports to be. Bruce T. Barker, Circulator STATE OF COLORADO COUNTY OF WELD ACKNOWLEDGEMENT ) ss The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 2eday of OC.4 Q V Witness my hand and official seal. My commission expires on: et) f e,rnbei/ 201 zoit HOUSTAN MARIE ARAGON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20244035426 MY COMMISSION EXPIRES SEPTEMBER 20, 2028 (SEAL) Notary Public (150 p SIvk2+ Address Ga€1+13, CO 3(1031 6 70Z5 -Z$ .l) Z EXHIBIT A ANNEXATION DESCRIPTION A PARCEL OF LAND BEING A PORTION OF N. 35TH/ AVENUE, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, THE SOUTHEAST QUARTER OF SECTION 26, THE EAST HALF OF SECTION 35, AND THE WEST HALF OF SECTION 36, ALL OF TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 35 AND CONSIDERING THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SECTION 35 AS BEARING SOUTH 00° 36' 40" WEST (ASSUMED BEARING), WITH BOTH THE NORTHEAST CORNER AND THE EAST QUARTER CORNER OF SECTION 35 BEING MONUMENTED BY A #6 REBAR WITH A 2.5" ALUMINUM CAP, STAMPED PLS 19585, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89° 57' 33" EAST, A DISTANCE OF 30.00 FEET TO THE NORTHWEST CORNER OF LOT A, RECORDED EXEMPTION NO. 0805-25-3 RE -3074, RECORDED ON JULY 20, 2001, AS RECEPTION NO. 2867578 OF THE RECORDS OF WELD COUNTY, AND THE POINT OF BEGINNING. THENCE SOUTH 00° 36' 40" WEST, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID N. 35TH/ AVENUE, A DISTANCE OF 2680.51 FEET; THENCE SOUTH 00° 34' 49" WEST, CONTINUING ALONG SAID EASTERLY RIGHT-OF- WAY LINE, A DISTANCE OF 1313.89 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF F STREET; THENCE NORTH 89° 25' 11" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 77.70 FEET, TO THE WESTERLY RIGHT-OF-WAY LINE OF SAID N. 35TH/ AVENUE; THE FOLLOWING SEVEN COURSES AND DISTANCES ARE ALONG SAID WESTERLY RIGHT-OF-WAY OF N. 35TH/ AVENUE; THENCE NORTH 20° 12' 38" EAST, A DISTANCE OF 40.78 FEET; THENCE NORTH 89° 34' 45" EAST, A DISTANCE OF 4.00 FEET; THENCE NORTH 00° 34' 49" EAST, A DISTANCE OF 1074.34 FEET; 7 THENCE SOUTH 88° 34' 24" WEST, A DISTANCE OF 20.01 FEET; THENCE NORTH 00° 34' 49" EAST, A DISTANCE OF 201.77 FEET; THENCE NORTH 00° 36' 40" EAST, A DISTANCE OF 2679.76 FEET; THENCE NORTH 00° 31' 45" WEST, A DISTANCE OF 830.07 FEET, TO THE SOUTHERLY LINE OF NORTH POUDRE THIRD ANNEXATION, RECORDED ON JUNE 1, 1982, AS RECEPTION NO. 1893288 OF THE RECORDS OF WELD COUNTY; THENCE SOUTH 76° 07' 48" EAST, ALONG SAID SOUTHERLY LINE OF NORTH POUDRE THIRD ANNEXATION, A DISTANCE OF 123.05 FEET, TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID N. 35TH/ AVENUE; THE FOLLOWING FIVE COURSES AND DISTANCES ARE ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF N. 35TH/ AVENUE; THENCE SOUTH 06° 50' 52" WEST, A DISTANCE OF 154.77 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, A DISTANCE OF 51.51 FEET, SAID CURVE HAS A RADIUS OF 400.00 FEET, A DELTA OF 07° 22' 39" AND IS SUBTENDED BY A CHORD BEARING SOUTH 03° 09' 33" WEST, A DISTANCE OF 51.47 FEET; THENCE SOUTH 00° 31' 45" EAST, A DISTANCE OF 100.15 FEET; THENCE SOUTH 89° 28' 16" WEST, A DISTANCE OF 16.00 FEET; THENCE SOUTH 00° 31' 45" EAST, A DISTANCE OF 495.27 FEET, TO THE NORTHWEST CORNER OF SAID LOT A, AND THE POINT OF BEGINNING. THE ABOVE -DESCRIBED AREA TO BE ANNEXED CONTAINS 8.50 ACRES (370,472 SQUARE FEET), AND MAY BE SUBJECT TO EASEMENTS, RIGHTS -OF -WAY, COVENANTS AND RESTRICTIONS OF RECORD. 8 EXHIBIT B Annexation Plat 9 ANNEXATION MAP OF N. 35TH AVENUE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, THE SOUTHEAST QUARTER OF SECTION 26, THE EAST HALF OF SECTION 35, AND THE WEST HALF OF SECTION 36, ALL OF TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO ANNEXATION DESCRIPTION CITY COUNCIL APPROVAL �rnory w.AEisi arrovlNoslNilaerv�so : Esa wEsr OE rHEazrH PRIxcIPu MERIwAN, couxry of LAELD, srnre aF coLORAoo, eEJNO MOREPuxncuLTaLv oEa:weEOAs FouuwS aOEwxc THE EnSERLv uNE of THE xoRrHEAs ou/wTel of sEnlOx ss ss aE�wncosourx�.o� aR o° w�s� �Aosa�iMEO eEAalrvc�cvnrx eorH rxE noRTHEAsr coRNER Arvo rnE Ensr auARrm R.E..ry JULv ]., ]mt, As RECEPFIOY NO. ]seT5Te OFiHE RECCRCS CFRNEIOCOUNIXiYp, AANO THE HENCE SO,. w' SS ST NEST, ALONG THE EASTERLY SONinTANSY.NE OF SSE) N . 35TH/ AVENUE A C.TANCEOF MATE, FEET, THENCE xoSH ao m Av EAST A DISTANCE OF SITA S, FEET, THEN.ESODTHxA'3,' ].,AE,;T. 7:7 zee, FEET: oxEUNEt,asz,as RECEa ,:=e E0CFTITZLRw O'Er1 co= "NE' NOSHPouDRE rwRO ANrvEXArrox, REcaxpsD THE FOuovsxO FNE cauRsss nxo gsrAx�s ARE ALONG saD EASTERLY RIOHTaF-YMv unE OF x. SnwAVENUE, EEr, Sao cuRVEHn ; RApus OF ao0.00 FEET, 'LTA .r ]] v arvo Is suerErvOSO ev n cnoxo eEARIxc sourH or aM sr� sNEsr, A psr,wcE of swT FEET, THENCE SOUTHW'ST As" EAST, A w5TANCE OF, SOT S FEET', APPROVE. SST....LES OTT COUNCA ON THIS wrOF ACCEPTANCE THIS ANNEXATION MAP WAS ACCEPTED BY THE CITY OF GREELEY, WELD COUNTY, COLORATO ANT THE TERRITORY THEREIN TESIGNATEp ANO MATE A PART OF THE CITY IF GREELEY, ANT INCLUCEO NATHIN THE LIMiT6 ANT JURISDICTION THEREN A7EST, 'AV" ATTEST. COMMUNITY DEVELOPMENT DIRECTOR DEVELOPMENT REVIEW MANAGER OESELOPNENTNENEWMENSGES SURVEYOR'S NOTES: MAYOR tEAvx.sISTHE EASTExLv uuE oFTHENORTHEAsr awRTER of sscrlwv ss, roNN.anP s rvoxrH, RAN.E eewEsr srlAssuME EEAwx0l, NtrHSOTHTHENORTHEAST CORnsR q= uw NOROIaaEsaox of PROFEsaoNu ORNION eruws �wD RULEs las ofTrasTuavEr Avo LASOST caxsmurEnw.wRArm oR.uANArm,EvwEssEooR IMPLIED.00RA iEXAMixE. AS TORESTRICTION, EXCLUHON5cONq ON4OBL CATw.Ts,�TINERMs, ai w5oTHEwOHTTO�ORANTTHE E iOMNOPURP.sESAN.ISNOTTOBEUSEOFORAxVOTHER N VICINITY MAP 1'.2000' ANNTOT. TOALw. SURVEYOR'S STATEMENT rrws PROPERtr.EswTIPrION of ux. xNacxE cHEcaNG, 1FTH�Ar HIsrRFUEArvocE:FTo,HEsESEOFEMrxNO.NE ISORMAnn�orv�mJEF S,J.I�N Mr PRo EsacrvALOwxION. FFSETENT'ROMEwSIxOOocuMESsof REcgvpra MD IN THE NsuAuzAnoxoFTHENn.TENwwEw CLCSPnox As 'ErTEONYunEOFrHEwrva o1=',cou C NELo.SAiEOF coLORAm. PoSEo ra eE ANNEXEOIscaNTlOucusro THE 5 z° W Q T 16IRR 2 1� Lt- 5 z8 Of sn..t 2 Sheets ANNEXATION MAP OF N. 35TH AVENUE LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25, THE SOUTHEAST QUARTER OF SECTION 26, THE EAST HALF OF SECTION 35, AND THE WEST HALF OF SECTION 36, ALL OF TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO NORTH LEGEND ccriory ccerr=n vnr�umwr ae aq cn 6 �e �Oea Wv,a �sd W 8 Z ° ° W � z Q � M Z 3 Hello