HomeMy WebLinkAbout20230038.tiffRECEIVED
DEC 21 2022
WELD COUNTY
COMMISSIONERS
Town of Eaton
Compliance for Annexation Proceedings for a Public Hearing for.
the Weld County Road 74 Annexation set for January 19, 2023
Publications of Public Hearing:
223 1st Street
EATON CO 80615
970.454,3338
Fax: 970.454.3339
www.eatonco.org
12/15/2022 (not less than 30
12/20/2022
12/29/2022
01/05/2023
Enclosures:
1) Copy of Published Notice
2) Copy of Resolution No. 2022-29
3) Copy of Petition for Annexation
Respectfully,
Margaret Jane Winter, Town Clerk
P4A6I: C Rev; €(. )
oI/o9(23
c c °. So (as), Pe (-rPhw), ctt r?/AT/•rP),
PW@HAIL/EP), ASR(p►r/SG), GIS(s )
o t (.5/.22
2023-0038
Page 8.T
TOWN OF EATON, COLORADO
, NOTICE OF PUBLIC HEARING
FOR "WELD COUNTY ROAD 74 ANNEXATION"
NOTICE IS HEREBY GIVEN THAT THE TOWN OF EATON FINDS THATA PETITION FOR ANNEXATION OF CER-
N�. TAI9 PROPERTY SITUATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH,
RANGE 66 WEST AND NORTHEAST QUARTER OF SECTION 2, TOWNSHIP '6 NORTH, RANGE 66 WEST OF THE 6TH
- P.M., COUNTY OF WFLD, STATE OF COLORADO, CONSISTING OF APPROXIMATELY 083 ACRES MORE OR LESS,
_ FILED N LERK ON OR ABOUT NOVEMBER ROAD 74
z''AN EXATION,"IS IN SUBSTANTIAL L COMPLIANCE WITH 31-12- 07, 2022 �), C.RSBE OAND THAT A PUBLIC
WN AS "WELD EARING
SHOULD BE HELD TO DETERMINE IFTHE PROPOSED ANNEXATION COMPLIES WITH §§ 31-12-104 MD 31.12.105,
C.RS., OR SUCH PARTS THEREOF AS MAY BE REQUIRED TO FSTABLISH ELIGIBILITY PURSUANT TO ¢31-12.101, et
sag , C.RS.
THE HE&RING IS TO BE HELD BEFORE THE BOARD OF TRUSTEES ON THE 19TH DAY OF JANUARY, 2023, IN
THE GARY CARSIEN BOARD OF CHAMBERS, 224 FIRST STREET, EATON, COLORADO AT 7 00 PM, OR AS SOON
II1EREAFTER AS POSSIBLE. -
CONTACT EA1ON TOWN CI ERIC FOR MORE INFORMATION. (970) 454.3338
+
TOWN O9 EATON, COLORADO
IIESOLU f1ON NO 2022.29
�r-
"� WHEREAS, the of Eaton Colorado is a municipal co Pa rporatlon duly organized and existing under the Constitution and
r,r laws of the Stale of Colorado, and
n 0
ry _ ril REAR, the Town Board of Trustees ("Town Board'_ I constitutes the legislatne body of the Town with authority to set
the poUeles of the Town, and -
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PRO-
CEEDINGS AND SETTING A PUBLIC HEARING FOR THE WELD COUNTY ROAD 74 ANNEXATION
WHEREAS, floe Weld County Board of County Commissioners submitted a Petition for Annexation requesting the Town
annex u portion of Weld County Road 74, and
- WHEREAS, the lbws Board rewrewed the Petruoa forAonexation, and, fmdmg substantial compliance as set forth below,
desires to roitiate aonexalfon proceedings in aernrdance with the law end set pub0e hwring
NOW, THEREFORE, BE IT RESOLVED BYTHE TOWN BOARD OF TRUSTEES OF THE TOWN OF EATON, COL-
ORADO,THAT
Section 1. The Town Board of the Town of Eaton finds that a Petition for Annexation of certain property situated in a portion
of the Southeast Quarter of Section 35, low *chip 7 North, Range 66 West and Northeast Quarter of Section 2, Township 6 North,
a - Range 66 West of the 6th P.M., County of Weld, State of Colorado, consisting of approxhnately 085 acres more or less, filed with-
i the Town Clerk on or about Nov ember 28, 2022. to be known as "Weld County Road 74 Annexation," Is In sabstandal compliance
with 991-12-107(1), CRS , and that a public hearing should be held to determine if the proposed annexation complies with 13§31-
, 12-104 and 31-12405, CRS , or such parts thereof as may he required to establish eligibility pursuant to !331.12-101, et segrC.RS
Section 2, The Town Board hereby sets a public hearing for such purposes on January 19, 2023, at 7 00 pm., at the Carsten
- Board Room, 2241st Street, Eaton, Colorado _ -
t. ' y
Section 3, The Town G7erk shall publish notice• of the hearing ogee per week for four (4) eonsecotive weeks hr The North Weld
Herald, w ith the first publication eat least thirty 00) days prior to the date of the hearing The lbw n 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, to the Weld County Attorney and to any special district or school district haying territory within
the area to be annexed eat leas! twenty-five (25► days prior to the date faxed for such hearing
`
y "
E.
-x
r ~
t�}
F'
t7
Section 4, Iltis Resolution shall br effective ou the date hereof
PASSED, SIGNED, APPROVED, AND ADOPTED THIS 8th day of December, 2022 _
ATTLST. , W8OF E -TON, COLORADO
<< Publohed Dee 15,22 & 19,2021,andlan 5,1023 in The North Weld Aerold/Cermallleki Voice, Eaton,C0
and uploaJdedDee 15,22 L 29,2022, andlan 5,102; to www,pubbenouieeeolarado.eom—
' F ; _ r , NOTICE TO CREDITORS
'r Estate of $61rley Jean Kunau, Decd
CDBG.PROGRAM AGREEMENT;AL�LOWS^_ _ - - 4. ,
Q I n . 6111
�,.j�1 Q persons hpviug claims against the aovie.named estate
AULT FIRE PROTECTION DIS'
NOTICE OF PROPOSED BUDGET AND P
Notice b hereby given that a proposed budget has bee}
Directors of the Ault Fire Protection District for the ens!
the proposed budget is open for public inspection in the o
Avenue, Eaton, Colorado The proposed budget will be co
of the Board of Directors to be held at 16680 Hwy 14 Au
of December, 2022 at 7.00 pm Any interested elector wr
the proposed budget and file or register any written ob
prior to the final adoption of the budget.
DATED December 7, 2022
L s AULT FIRE PROI
Mike Freeman, Pres
Published Dec 15,2022 la The North Weld detold/Cennal (S'rid
and uploaded Dee. 15, 2012 to err w.paMrenoheeedonadaxum
NOTICE TO CREDII ORS
Estate of Penelope Rose Gregory,
ilea Penelope R. Gregory, aka Penelope Gregory, Dereas
All persons baring claims against the above -Named estate
to the Personal Representative or to
District Court of VVeld County, Colorado
9019th Avenue
Greeley, CO 80631
On or before May 25, 2023, or the claims may be forever
Personal R
Reek L.
350 Bin
Eaton,
PtrblrtlredDee 15,22 dr29,2022 in The horfh Weld HaaS, J
- and uploaded Dee 15, 22 d 29,2022 to www.pubhcnotkeeolorad
NOTICE TO CREDITORS
-Estate of Lee Kellogg Groves,
aka Lee K Groves, aka Lee Groves, Deceased
All persons having claims against the ohm a -named estate
to the Personal Representative or to
' District Court„of Weld County, Colorado
9019th Avenue
Greeley, CO 80631
On or before May 20, 2023, or the claims may be forever t
Personal Re
Bonnie J
157 Vero
Windsor,
Pa6lrshedDec 15,22 d 29,2022 lone North Weld Herald&Ce
and uploadedDte 15,22 ,29,2022 29,1022 towww,pabhenoAetealo
-
TOWN OF EATON, COLORADO
RESOLUTION NO. 2022-29
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR
INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC
HEARING FOR THE WELD COUNTY ROAD 74 ANNEXATION
WHEREAS, the Town of Eaton, Colorado 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") constitutes the legislative body of the
Town with authority to set the policies of the Town; and
WHEREAS, the Weld County Board of County Commissioners submitted a Petition for
Annexation requesting the Town annex a portion of Weld County Road 74; and
WHEREAS, the Town Board reviewed the Petition for Annexation, and, finding substantial
compliance as set forth below, desires to initiate annexation proceedings in accordance with the law and set
a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF TRUSTEES
OF THE TOWN OF EATON, COLORADO, THAT:
Section 1. The Town Board of the Town of Eaton finds that a Petition for Annexation of certain
property situated in a portion of the Southeast Quarter of Section 35, Township 7 North, Range 66 West
and Northeast Quarter of Section 2, Township 6 North, Range 66 West of the 6th P.M., County of Weld,
State of Colorado, consisting of approximately 0.85 acres more or less, filed with the Town Clerk on or
about November 28, 2022, to be known as "Weld County Road 74 Annexation," is in substantial
compliance with §31-12-107(1), C.R.S., 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., C.R.S.
Section 2. The Town Board hereby sets a public hearing for such purposes on January 19, 2023,
at 7:00 p.m., at the Carsten Board Room, 224 1St Street, Eaton, Colorado.
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, 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 the date hereof.
PASSED, SIGNED, APPROVED, AND ADOPTED THIS 8t'' day of December, 2022.
ANNEXATION PETITION
TO THE TOWN OF EATON
WELD COUNTY ROAD 74 ANNEXATION NO. 1
DATE: November XX, 2022
TO: THE TOWN BOARD OF THE TOWN OF EATON, COLORADO.
I, Scott K. James, 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 Town of Eaton ("Town") and its Board for
annexation to the Town 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 Board of Trustees of the Town of Eaton for annexation into the Town of
Eaton the unincorporated territory, the legal description of which is attached hereto as Exhibits "A" and
"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 "Weld County Road 74 Annexation Map No. 1."
In support of this petition, the petitioner further states to the Board of Trustees that:
1. It is desirable and necessary that the territory described or shown in Exhibits A and B be
annexed to the Town of Eaton.
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 Town of Eaton or will be contiguous with the Town of Eaton
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 Town of Eaton.
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 Town of Eaton.
1
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.
f. 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 Town
of Eaton 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 town other than the Town of Eaton
i. The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
j. The annexation of the territory proposed to be annexed will not have the effect
of extending the boundary of the Town of Eaton more than three miles in any
direction from any point of the boundary of the Town of Eaton in any one year.
k. The territory proposed to be annexed is 0.18 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 Town of Eaton; including the
providers of transportation, light, natural gas, and 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
2
franchise adjoining any platted street or alley which is to be annexed to the Town
of Eaton but is not bounded on both sides by the Town of Eaton.
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 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
Town of Eaton;
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 Town of Eaton 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;
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
i. An acceptance block describing the acceptance action by the Mayor on behalf of
the Town of Eaton and providing for the effective date and Town Clerk attest
signature.
3
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 Town of Eaton, except for general property taxes of the Town of Eaton, 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 Eaton Municipal Code within ninety (90) days from the effective date of the
annexation ordinance.
7. There shall be no duty or obligation upon the Town of Eaton 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 Town, 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 Town.
8. An annexation agreement has been or will be executed by the petitioner herein and the
Town of Eaton 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 Town, 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 Board of Trustees of the Town of Eaton to annex the territory described, shown
and/or referenced to in Exhibits A and B to the Town of Eaton in accordance with and pursuant to the
statues of the State of Colorado.
ATTEST: W �•��
WELD COUNTY Clerk to the Board
By:
4
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By: /IVv
Scott K. James, Chair
NOV 2 8 2022
,aa-330
STATE OF COLORADO )
ss
COUNTY OF WELD ) if!
The above and fegoing instrument was subscribed and sworn to before me this day of
Gi, 20� .
Witness my hand and official eal.
My commission expires on:
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE Or COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
1013 N 3rd Street
(SEAL)
Address
Johnstown, CO 80534
5
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 Town
of Eaton, Colorado, consisting of 5 pages, including this page and that each signature thereon was
witnessed by your affiant and is the true signature of the person whos, ame it purports to be.
Circulator
ACKNOWLEDGEMENT
STATE OF COLORADO
ss
COUNTY OF WELD
h above and foregoin Affidavit of Circulator was subscribed and sworn to before me this,rr"
day of , 2Q
My commission expires on:
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STAB: Ur COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
1013 N 3rd Street
Address
(SEAL)
Johnstown,CO 80534
6
Hello