HomeMy WebLinkAbout20230363.tiffJanuary 24, 2023
VIA REGISTERED MAIL
Weld County Commissioners
1150 O Street
P.O. Box 758
Greeley, CO 80631
Weld County Attorney
1150 O Street
P.O. Box 758
Greeley, CO 80631
RECEIVED
JAN 2 6 2023
WELD COUNTY
COMMISSIONERS
Re: Annexation by Town of Mead
MEAD
COLORADO
In accordance with the notice requirements specified in Section 31-12-108(2), C.R.S., the
following are enclosed with this letter:
(1) A copy of the notice of eligibility hearing, as initially published in The Longmont
Times -Call on January 19, 2023;
(2) A copy of Resolution No. 04-R-2023 (accepting annexation petition, making certain
findings of fact, finding substantial compliance for such petition, and setting a
public hearing for property known as the Shiers Annexation), as approved by the
Town Board of Trustees on January 9, 2023; and
(3) A copy of the annexation petition, which was submitted to the Town Clerk on or
about September 12, 2022.
Enclosures
cc: Collin Mieras, Planner II
Marcus McAskin, Town Attorney
PvbI;C Rev;ec,J
O2./o6 /23
Regards
Mary Strutt, MMC
Town Clerk
cc *.So (RS), PLO -P/1.10, CH (-rp/Ar/T-p)S
Pw(cPl/ER/DD/DN/Er), RSR(iw/5G),GcS(s )
02. I /1-3
2023-0363
MEAD
COLORADO
SENT VIA EMAIL TO: lekals(dtimes-call.com
Please publish the following Notice and accompanying Resolution (Resolution No. 04-R-
2023, a copy of which is attached hereto) in full in The Longmont Times -Call newspaper five
times (5x) on January 19, January 26, February 2, February 9, and February 16, 2023.
TOWN OF MEAD
NOTICE OF A PUBLIC HEARING CONCERNING THE ELIGIBILITY OF CERTAIN PROPERTY
FOR ANNEXATION KNOWN AS THE SHIERS ANNEXATION
NOTICE IS HEREBY GIVEN, pursuant to C.R.S. § 31-12-108(2), that the Board of Trustees of the Town
of Mead will hold a public hearing on Monday, February 27, 2023 at 6:00 P.M. (the "Eligibility Hearing")
to determine whether the property generally known as the Shiers Annexation; which is more particularly
described in Resolution No. 04-R-2023 attached below (the "Subject Property"), meets the applicable
requirements of Section 30 of Article II of the Colorado Constitution and C.R.S. § 31-12-104 and C.R.S.
§31-12-105, and is eligible for annexation to the Town of Mead. A copy of the Petition for Annexation.
concerning the Subject Property and the Annexation Map are on file at the Town Clerk's office, 441 Third
Street, Mead, CO 80542. All interested persons will be given an opportunity to be heard at the Eligibility
Hearing. The Eligibility Hearing will be held at Town Hall, 441 Third Street, at the above date and time.
By: Mary E. Strutt, MMC
Town Clerk
Published: Longmont Times -Call
January 19, 2023
January 26, 2023
February 2, 2023
February 9, 2023
February 16, 2023
TOWN OF MEAD, COLORADO
RESOLUTION NO. 04-R-2023
A RESOLUTION OF THE TOWN OF MEAD, COLORADO, ACCEPTING
AN ANNEXATION PETITION, MAKING CERTAIN FINDINGS OF
FACT, FINDING SUBSTANTIAL COMPLIANCE FOR SUCH PETITION,
AND SETTING A PUBLIC HEARING FOR PROPERTY KNOWN AS
THE SHIERS ANNEXATION
WHEREAS, Board of Trustees of the Town of Mead, Colorado has received and examined
the filings and the Petition for Annexation requesting the annexation of certain real property more
fully described in said Petition and in Exhibit 1 attached hereto (the "Shiers Annexation"), which
exhibit is attached to this Resolution and is incorporated herein by reference (the "Subject
Property"); and
WHEREAS, the Petition for Annexation has been filed of record with the Town Clerk of
the Town of Mead, State of Colorado, and
WHEREAS, the Board of Trustees finds as follows:
1. That the Petition contains the following:
(a) An allegation that the requirements of C.R.S. §§ 31-12-104 and 31-12-
105 exist or are met.
(b)
An allegation that the signer(s) of the petition comprises more than fifty
percent (50%) of the landowners in the Subject Property owning more
than fifty percent (50%) of the Subject property, exclusive of public
streets and alleys and any land owned by the Town.
(c) A request that the Town of Mead approve the annexation of the Subject
Property.
(d) The signature of the landowner(s) that executed the petition.
(e) The mailing address of the landowner(s) that executed the petition.
(f) The legal description of the Subject Property.
(g) The date that the landowner(s) executed the petition.
(h) The affidavit of the petition circulator; stating that the signature of the
landowner(s) therein is the signature of each person whose name it
purports to be.
2. That four (4) copies of the annexation maps corresponding to the Subject Property
have been submitted to the Town with the Petition, and that the annexation maps
contain the following information:
(a) A written legal description of the boundaries of the Subject Property
proposed to be annexed.
(b) A map showing the boundary of the Subject Property proposed to be
annexed.
(c) Within the maps, the boundaries and the plat numbers of plots or of lots
and blocks.
(d) Next to the boundary of the Subject Property proposed to be annexed is
drawn the contiguous boundary of the Town of Mead.
3. That no signature on the Petition is dated more than one hundred eighty (180)
days prior to the date of filing of the Petition for Annexation with the Town Clerk
of the Town of Mead, State of Colorado.
NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of
Mead, Weld County, Colorado, that:
Section 1. The foregoing recitals and findings are incorporated herein as findings and
conclusions of the Board of Trustees.
Section 2. The Petition for Annexation to the Town of Mead of the Subject Property,
commonly referred to as the "Shiers Annexation", which Petition was officially filed of record
with the Town Clerk of the Town of Mead on or about September 12, 2022, substantially
complies with the requirements of C.R.S. § 31-12-107(1).
Section 3. No election is required under C.R.S. § 31-12-107(2).
Section 4. No additional terms and conditions are to be imposed except as provided
in the Petition for Annexation and in any annexation agreement which may be entered into by
and between the Town of Mead and the petitioner(s), which are not to be considered additional
terms and conditions within the meaning of C.R.S. § 31-12-112.
Section 5. A public hearing shall be held on Monday, February 27, 2023, at 6:00 p.m.
at the Mead Town Hall, 441 Third Street Mead, CO 80542, for the purpose of determining and
finding whether the proposed annexation complies with Section 30 of Article II of the Colorado
Constitution and the applicable provisions of C.R.S. §§ 31-12-104 and 31-12-105.
Section 6. Any person may appear at such hearing and present evidence pertaining to
the eligibility of the proposed annexation of the Subject Property to the Town of Mead.
Section 7. The proposed annexation is hereby referred to the Planning Commission.
In accordance with Sec. 16-8-90 of the Mead Municipal Code ("MMC"), the Planning
Commission shall consider the proposed annexation and proceed to submit its written
recommendation regarding the proposed annexation to the Board of Trustees on or before the
date of the eligibility hearing. In addition, Sec. 16-8-90 of the MMC requires the Planning
Commission to hold a public hearing on the proposed initial zoning of the Subject Property as
required by the Town's Land Use Code if zoning of the Subject Property is requested at the time
of annexation.
Section 8. Effective Date. This resolution shall become effective immediately upon
adoption.
Section 9. Certification. The Town Clerk shall certify to the passage of this
resolution and make not less than one copy of the adopted resolution available for inspection by
the public during regular business hours.
INTRODUCED, READ, PASSED, AND ADOPTED THIS 9TH DAY OF
JANUARY 2023.
ATTEST: TOWN OF MEAD
By By
Mary E. Strutt, MMC, Town Clerk Colleen G. Whitlow, Mayor
Exhibit 1
Legal Description
Shiers Annexation
LOT B, AMENDED RECORDED EXEMPTION NO. 1207-03-2-RE627, RECORDED
AUGUST 18, 1995 AT RECEPTION NO. 2451917, BEING A PORTION OF THE
NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 3, NORTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
SAID PARCEL CONTAINING 268,205.84 SQ.FT. OR 6.16 ACRES, MORE OR LESS,
TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY
EXISTING AND/OR OF PUBLIC RECORD.
Total acreage (approximate): 6.16 acres, as more particularly shown in the annexation
map(s) on file with the Town Clerk
TOWN OF MEAD, COLORADO
RESOLUTION NO. 04-R-2023
A RESOLUTION OF THE TOWN OF MEAD, COLORADO, ACCEPTING
AN ANNEXATION PETITION, MAKING CERTAIN FINDINGS OF
FACT, FINDING SUBSTANTIAL COMPLIANCE FOR SUCH PETITION,
AND SETTING A PUBLIC HEARING FOR PROPERTY KNOWN AS
THE SHIERS ANNEXATION
WHEREAS, Board of Trustees of the Town of Mead, Colorado has received and
examined the filings and the Petition for Annexation requesting the annexation of certain real
property more fully described in said Petition and in Exhibit 1 attached hereto (the "Shiers
Annexation"), which exhibit is attached to this Resolution and is incorporated herein by
reference (the "Subject Property"); and
WHEREAS, the Petition for Annexation has been filed of record with the Town Clerk of
the Town of Mead, State of Colorado, and
WHEREAS, the Board of Trustees finds as follows:
1. That the Petition contains the following:
(a) An allegation that the requirements of C.R.S. §§ 31-12-104 and 31-12-
105 exist or are met.
(b)
An allegation that the signer(s) of the petition comprises more than fifty
percent (50%) of the landowners in the Subject Property owning more
than fifty percent (50%) of the Subject property, exclusive of public
streets and alleys and any land owned by the Town.
(c) A request that the Town of Mead approve the annexation of the Subject
Property.
(d) The signature of the landowner(s) that executed the petition.
(e) The mailing address of the landowner(s) that executed the petition.
(f) The legal description of the Subject Property.
(g) The date that the landowner(s) executed the petition.
(h) The affidavit of the petition circulator; stating that the signature of the
landowner(s) therein is the signature of each person whose name it
purports to be.
2. That four (4) copies of the annexation maps corresponding to the Subject Property
have been submitted to the Town with the Petition, and that the annexation maps
contain the following information:
(a) A written legal description of the boundaries of the Subject Property
proposed to be annexed.
(b) A map showing the boundary of the Subject Property proposed to be
annexed.
(c) Within the maps, the boundaries and the plat numbers of plots or of lots
and blocks.
(d) Next to the boundary of the Subject Property proposed to be annexed is
drawn the contiguous boundary of the Town of Mead.
3. That no signature on the Petition is dated more than one hundred eighty (180)
days prior to the date of filing of the Petition for Annexation with the Town Clerk
of the Town of Mead, State of Colorado.
NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of
Mead, Weld County, Colorado, that:
Section 1. The foregoing recitals and findings are incorporated herein as findings and
conclusions of the Board of Trustees.
Section 2. The Petition for Annexation to the Town of Mead of the Subject Property,
commonly referred to as the "Shiers Annexation", which Petition was officially filed of record
with the Town Clerk of the Town of Mead on or about September 12, 2022, substantially
complies with the requirements of C.R.S. § 31-12-107(1).
Section 3. No election is required under C.R.S. § 31-12-107(2).
Section 4. No additional terms and conditions are to be imposed except as provided
in the Petition for Annexation and in any annexation agreement which may be entered into by
and between the Town of Mead and the petitioner(s), which are not to be considered additional
terms and conditions within the meaning of C.R.S. § 31-12-112.
Section 5. A public hearing shall be held on Monday, February 27, 2023, at 6:00 p.m.
at the Mead Town Hall, 441 Third Street Mead, CO 80542, for the purpose of determining and
finding whether the proposed annexation complies with Section 30 of Article II of the Colorado
Constitution and the applicable provisions of C.R.S. §§ 31-12-104 and 31-12-105.
Section 6. Any person may appear at such hearing and present evidence pertaining to
the eligibility of the proposed annexation of the Subject Property to the Town of Mead.
Section 7. The proposed annexation is hereby referred to the Planning Commission.
In accordance with Sec. 16-8-90 of the Mead Municipal Code ("MMC"), the Planning
Commission shall consider the proposed annexation and proceed to submit its written
recommendation regarding the proposed annexation to the Board of Trustees on or before the
date of the eligibility hearing. In addition, Sec. 16-8-90 of the MMC requires the Planning
Commission to hold a public hearing on the proposed initial zoning of the Subject Property as
required by the Town's Land Use Code if zoning of the Subject Property is requested at the time
of annexation.
Section 8.
adoption.
Section 9. Certification. The Town Clerk shall certify to the passage of this
resolution and make not less than one copy of the adopted resolution available for inspection by
the public during regular business hours.
INTRODUCED, READ, PASSED, AND ADOPTED THIS 9TH DAY OF
JANUARY 2023.
Effective Date. This resolution shall become effective immediately upon
ATTEST: TOWN OF MEAD
By By
Mary E. Strutt, MMC, Town Clerk Colleen G. Whitlow, Mayor
Exhibit 1
Legal Description
Shiers Annexation
LOT B, AMENDED RECORDED EXEMPTION NO. 1207-03-2-RE627, RECORDED
AUGUST 18, 1995 AT RECEPTION NO. 2451917, BEING A PORTION OF THE
NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 3, NORTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
SAID PARCEL CONTAINING 268,205.84 SQ.FT. OR 6.16 ACRES, MORE OR LESS,
TOGETHER WITH AND SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY
EXISTING AND/OR OF PUBLIC RECORD.
Total acreage (approximate): 6.16 acres, as more particularly shown in the annexation
map(s) on file with the Town Clerk.
PETITION FOR ANNEXATION
17790 COUNTY ROAD 7, MEAD, CO 80542
TO THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO:
The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of 1965
as set forth in C.R.S. § 31-12-101 et seq., as amended and as in effect on the submission date
set forth below ("Annexation Act"), hereby petitions the Board of Trustees of the Town of Mead,
Colorado ("Board"), to annex to the Town of Mead ("Town") the unincorporated territory located
in the County of Weld, State of Colorado, which property is more particularly described in
Exhibit A attached hereto and incorporated herein by reference ("Property").
The Property may be generally described as the "17790 CR 7 Parcel".
In support of this Petition for Annexation ("Petition"), Petitioner alleges that:
1. It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of C.R.S. §§31-12-104 and 31-12-105 of the Annexation Act
exist or have been met.
3. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the
Town's current municipal boundaries.
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. Petitioner comprises more than fifty percent (50%) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys
and any land owned by the annexing municipality, and the Petitioner hereby consents to the
establishment of the boundaries of the Property as shown on the annexation map submitted
herewith and attached as Exhibit C, and as more fully described in Paragraph 16 below.
8. The Property is not presently a part of any incorporated city, city and county, or
town; nor have any proceedings been commenced for incorporation or annexation of an area that
is part or all of the Property; nor has any election for annexation of the Property or substantially
the same territory to the Town been held within the twelve (12) months immediately preceding
the filing of this Petition.
9. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the Property held
in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the
proposed annexation will not extend the municipal boundary of the Town more than three
(3) miles in any direction from any point of the current municipal boundary.
11. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which
has been annexed by the Town but is not bounded on both sides by the Town.
12. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate:
(a) is being 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; or
(b) comprising twenty (20) acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad
valorem tax purposes for the year next preceding the proposed annexation, is included in the
Property without the written consent of the landowner or landowners.
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
14. The land owned by Petitioner constitutes one hundred percent (100%) of the
Property within the meaning of C.R.S. § 31-21-107(1)(g) of the Annexation Act.
15. The affidavit of the circulator of this Petition certifying that the signature(s) on this
Petition is the signature of each person whose name it purports to be and certifying the accuracy
of the date of such signature(s) is attached hereto as Exhibit B and is incorporated herein by this
reference.
16. This Petition is accompanied by four (4) copies of an annexation map which have
been prepared by a professional surveyor and submitted to the Town Clerk. An 11 x 17 copy of
the annexation map is attached to this Petition as Exhibit C for reference. The annexation map
contains, among other things, 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 in unplatted land and, if part or ail of the area is platted, the boundaries and the
plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Property, a drawing of the contiguous boundary
of the Town of Mead abutting the Property.
17. That the proposed annexation of the Property complies with Section 30 of Article
II of the Colorado Constitution.
18. In connection with the processing of this Petition, Petitioner requests that the Town
approve and execute an annexation agreement ("Annexation Agreement") which establishes
the terms and conditions under which the Petitioner has agreed to annex the Property to the
Town. A preliminary version of the Annexation Agreement was submitted with this Petition. The
2
parties shall work together in good faith to negotiate and execute a final version of the Annexation
Agreement. If the parties cannot mutually agree upon the form of such agreement, Petitioner may,
in its sole discretion, withdraw this Petition without any penalty or prejudice. Without limiting the
foregoing, Petitioner has submitted this Petition on the condition that the business Bond
Consulting Services, Inc. (the "Business") will be allowed to operate fora period of three (3) years
from the date of this petition.
19. Upon the annexation of the Property becoming effective, and subject to the
conditions set forth in this Petition and to be set forth in the Annexation Agreement, the Property
shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as
otherwise set forth in the Annexation Agreement, and except for general property taxes of the
Town, which shall become effective on January 1 of the next succeeding year following adoption
of the annexation ordinance.
20. Except for the terms and conditions of this Petition and of the Annexation
Agreement, which terms and conditions Petitioner expressly approves and therefore does not
constitute an imposition of additional terms and conditions within the meaning of C.R.S. §§ 31-
12-107(4) and 31-12-110(2) of the Annexation Act, Petitioner requests that no additional terms
and conditions be imposed upon annexation of the Property to the Town.
THEREFORE, Petitioner requests that the Board complete and approve the annexation
of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended.
Respectfully submitted this 12. day ofr , 2022.
Signature of Petitioner:
177,190 ' 7 LC,
a Colo do ited lia6tilj pany
By: ,
Name: Sean M. Shiers
Title: Managing Member
Date of Signature: Q-12-2oLt.
Mailing Address:
PO Box 220
Mead, CO 80542
3
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of Property
LOT B, AMENDED RECORDED EXEMPTION NO. 1207-03-2-RE627, RECORDED
AUGUST 18, 1995 AT RECEPTION NO. 2451917, BEING A PORTION OF THE
NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 3, NORTH, RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO.
A-1
EXHIBIT B
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says:
That (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town
of Mead, Colorado, consisting of (fi) pages, including Exhibit A and Exhibit C and the
map attached hereto, but excluding the pa a of this Exhibit B, and that the signature of the
petitioner(s) Ilib CAL 7 fA . `oy Sews atibON, AAA,'" thereon was witnessed by the
circulator and is the true and original signature of the person whose name its purports to be, and
that the date of such signature is correct.
STATE OF COLORADO
COUNTY OF quasi '
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) ss.
4,
Circulator
The fore oing AFFIDAVIT OF CIRCULATOR was subscrib
day of , 6 4i w' , 201t , by "e w J . eicl
Witness my hand and official seal.
My commission expires: a2, 242,5
MAUREEN C. SIMPSON
Notary Public
State of Colorado
Notary ID # 19874188796
My Commission Expires 07-02-2025
B-1
Notary Public
and sworn to before me this
i"f Gad& PC
4.340p)B71-
EXHIBIT C
TO PETITION FOR ANNEXATION
Annexation Map
An 11 x 17 version of the annexation map is attached hereto. Four (4) full size copies of the
annexation map have been provided to the Town Clerk of the Town of Mead.
C-1
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