HomeMy WebLinkAbout20212521.tiffTOWN OF HUDSON
50 South Beech Street, P.O. Box 351, Hudson, CO 80642
Phone: (303)536-9311 Fax: (303)536-4753
www.hudsoncolorado.org
August 16, 2021
To: Weld County Board of County Commissioners
TOWN OF HUDSON
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Hudson Town Council will hold a public hearing on September 15,
2021 at 6:00 p.m., or as soon thereafter as time permits, at the Hudson Town Hall, 50 Beech Street,
Hudson, Colorado 80642, to determine whether the area described in the petition and proposed to be
annexed to the Town of Hudson meets the applicable requirements of the Colorado Municipal
Annexation Act of 1965, C.R.S. § 31-12-101, et seq., and the Colorado Constitution and is eligible for
annexation to the Town of Hudson. Pursuant to C.R.S. § 31-12-108.5(1), because the property is less
than ten (10) acres, an annexation impact report is not required.
A copy of the resolution of intent titled A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION
AND ESTABLISHING SEPTEMBER 15, 2021 AS THE DATE OF PUBLIC HEARING ON THE REQUESTED
ANNEXATION OF A PARCEL OF UNINCORPORATED TERRITORY LOCATED IN THE COUNTY OF WELD
(HUDSON COUNTY ROAD 49 ANNEXATION) is included with this Notice. The Petition for annexation is on
file with the Town Clerk of the Town of Hudson. Any interested person may appear at the public hearing
and be heard.
Thank you,
Jennifer Woods, AICP
Planning Director
Town of Hudson
Phone: (303) 536-9311
Email: jwoods@hudsoncolorado.org
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2021-2521
E60079
RESOLUTION NO.
21-24
Series of 2021
TITLE: A RESOLUTION ACCEPTING THE PETITION FOR
ANNEXATION AND ESTABLISHING SEPTEMBER 15, 2021 AS
THE DATE OF PUBLIC HEARING ON THE REQUESTED
ANNEXATION OF A PARCEL OF UNINCORPORATED
TERRITORY LOCATED IN THE COUNTY OF WELD (HUDSON
COUNTY ROAD 49 ANNEXATION)
WI IEREAS, Weld County, the owner of unincorporated territory, comprising more than
fifty percent (50%) of the area proposed for annexation pursuant to C.R.S. § 31-12-107, has filed
a petition for annexation (the "Petition") of a certain unincorporated property to the Town, which
territory is more particularly described in Exhibit A attached to the Petition;
WHEREAS, C.R.S. § 31-12-108 requires that the Town accept the Petition and establish
a date, time and place that the Town Council will hold a public hearing to consider the
annexation and the various requirements of Title 31, Article 12, C.R.S.;
WHEREAS the Town Council, at its regular meeting on Wednesday, July 21, 2021,
reviewed the Petition and various documents submitted in support of the Petition;
WHEREAS, the Town Council has examined the record in this case and the various
exhibits; has considered the request, the Comprehensive Plan, and the recommendations of the
staff; and based upon the record which has been made concerning the request, has arrived at its
decision; and
WHEREAS, it has been found and determined that the applicant has complied with all of
the procedural requirements as provided in Title 31, Article 12, C.R.S., in connection with the
Petition.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF TILE TOWN
OF HUDSON, COLORADO, AS FOLLOWS:
Section 1. The Petition is hereby accepted and found to be in substantial compliance
with the requirements of Title 31, Article 12, C.R.S.
Section 2. That a public hearing to consider the Petition is scheduled for Wednesday,
September 15, 2021, at 6:00 p.m., at the Town of Hudson Town Hall, which is located at 50
Beech Street, Hudson, Colorado, 80642, to determine if the proposed annexation complies with
C.R.S. §§ 31-12-104 and 31-12-105 or such part thereof as may be required to establish
eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal
07/21/21
UHUDSERVERIPUBLICICOUNCIL, BOT MEET1NGS1202I'COUNCIL MEETING 7.21.2113.A?.WCR ANNEX SUBST COMPLIANCE-
R071321.DOCX
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Annexation Act of 1965, 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 municipality to which the area is proposed to be annexed, 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 Town Council.
INTRODUCED, READ and PASSED this 21St day of July, 2021.
TOWN OF HUDSON, COLORADO
ATTEST:
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harity Cain eld, CM , own Clerk
07/21/21
II HUDSERVERI P UBLICI COUNCIL, BUT MEETINGS120211 CO UNCIL MEETING 7,2121\3.A.2. WCR ANNEX SUBST COMPLIANCE-
R071321,DOCX
I
TOWN OF HUDSON COUNTY ROAD 49 ANNEXATION
PETITION FOR ANNEXATION TO THE TOWN OF HUDSON
DATE: June 21, 2021
TO: THE TOWN BOARD OF THE TOWN OF HUDSON, COLORADO.
I, Steve Moreno, 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 Hudson ("Town") and its Town Board for annexation to the Town the following
described unincorporated territory located in the County of Weld, State of Colorado, to -wit:
See the legal description in Exhibit A and the roadway shown on Exhibit B, attached
hereto and incorporated herein by this reference. The property described and shown in
Exhibits A and B are referred to herein as "the territory proposed to be annexed" and/or "the
annexed WCR 49."
This annexation shall be known as the "Hudson County Road 49 Annexation."
As part of this petition, your petitioner further states to the Town Board of Hudson,
Colorado, that:
I . It is desirable and necessary that the territory described in Exhibits A and B be
annexed to the Town.
2. The requirements of C.R.S. §§ 31-12-104 and 31-12-105, as amended, exist or have
been met in that:
a. Not less than one -sixth of the perimeter of the area proposed to be
annexed is contiguous with the Town or will be contiguous with the Town
within such time as required by C.R.S. § 31-12-104.
b. A community of interest exists between the area proposed to be annexed
and the Town.
c. The area proposed to be annexed is urban or will be urbanized in the near
future.
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the Town.
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
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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 area proposed to be annexed which is
held in identical ownership, 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. No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
h. 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 Town more than three miles in any
direction from any point of the boundary of the Town in any one year.
j. The territory proposed to be annexed is 4.233 acres, more or less, in total area.
k. Prior to completion of the annexation of the territory proposed to be
annexed, the Town will, pursuant to the provisions of C.R.S. § 31-12-
105(1)(e), have in place a plan for that area, 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, light, sanitation, transportation, and power to be
provided by the Town; and the proposed land uses for the area; such plan to
be updated at least once annually.
1. In establishing the boundary of the territory 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 territory to be annexed. The
Town will not deny reasonable access to any landowners, owners of any
easement, or the owners of any franchise adjoining any platted street or
alley which has been annexed by the Town, but which is not bounded on
both sides by the Town.
m. The County agrees that any requirement for preparation of an impact report
pursuant to C.R.S. § 31-12-108.5, is waived.
3. The owners of more than fifty percent of the area proposed to be annexed,
exclusive of dedicated streets and alleys, have signed this petition and hereby
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petition for annexation of such territory.
4. Accompanying this petition are four copies of an annexation map containing the
following information:
a. A written legal description of the boundaries of the area proposed to be
annexed;
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. Within the annexation boundary map, a showing 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;
d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the Town 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.
5. Upon thie annexation ordinance becoming effective, all lands within the area
proposed to be annexed will become subject to all ordinances, rules and regulations
of the Town, except for general property taxes of the Town which shall become
effective as the January 1 next ensuing, if applicable.
6. The zoning classifications requested for the area proposed to be annexed are
Agricukural. Petitioner agrees that the annexed land shall be brought under the
provisions of Chapter 16 of the Town of Hudson Municipal Code within ninety (90)
days of the effective date of the annexation ordinance.
7. There shall be no duty or obligation upon the Town 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. Petitioner and the Town specifically acknowledge the execution of an Annexation
Agreement contemporaneously with the execution of this Petition, and both parties
expressly consent to the terms and conditions set forth therein, which include, but
are not limited to, the following:
a. The Town will be responsible for prospective maintenance of the
annexed WCR 49. Maintenance includes, but is not limited to,
frequent surface treatment repair, such as crack seal, chip seal,
overlay paving and reconstruction; filling potholes; repair and fill of
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washouts; as well as implementation of weed control consistent with
the standards of Petitioner and the State of Colorado and the
removal of snow.
h. The Town will not impose any weight limitation applicable to
vehicles using the annexed WCR 49.
c. The Town will not impose any limitation on vehicular access or use
of the annexed WCR 49 so as to specifically exclude farm or
agricultural vehicles and equipment.
d. Current ingress and egress to the annexed WCR 49 for current uses
will continie to be allowed for such purposes, the intent being that
annexation shall not impair or affect current access.
9. Petitioner expressly reserves the right to withdraw this Petition for Annexation at
any time prior to the adoption of the ordinance annexing the property to the Town.
WHEREFORE, the following petitioner, a non-resident landowner of the territory
proposed to be annexed (as more particularly described in the attached Exhibit A and as
shown on the attached Exhibit B), requests that the Town, acting through its Town Board,
approve the annexation of the area proposed to be annexed. By this acknowledgment, the
undersigned hereby certify that the above information is complete and true.
PETITIONER:
ATTEST: .....024.00v•oidautik COUNTY OF WELD, a political
Weld County Clerk to the Board subdivision of the STATE OF COLORADO:
B
pity Clerk to the Bo
4
ve Moreno, Chair
rd of County Commissioners of the
my of Weld JUN 2 12021
Q 4'oo/ -/5-9+L
STATE OF COLORADO
) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 21st day of June
2021, by Steve Moreno, Chair, Board of County Commissioners of
the County of Weld.
My commission expires:
12/19/2022
Witness My Hand and Official Seal.
Notary P 1' is , e ../ j Lynn Hoffman
Petitioner Mailing Address: 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632.
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
5
RECORD OF LAND OWNERSHIP ON DATED SIGNED
Petitioner: Board of County Commissioners of the County of Weld, a political subdivision of
the State of Colorado.
Mailing Address: 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632.
Legal Description of Lard Owned: See legal description in attached Exhibit A and
as shown on the attached Exhibits B.
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AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
) ss.
COUNTY OF WELD
BRUCE T. BARKER , being first duly sworn upon oath,
deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the
Town of Hudson, Colorado. consisting of nine ( 9) pages including this page and that each
signature hereon was witn by your affiant and is the signature of the person whose name is
purports to be.
C. ator, Bruce T. Barker
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 21st day of June
,20 21 by Bruce T. Barker
My commission expires: 12/19/2022
Witness My Hand and Official Seal.
Notary P , lie Chery nn Hoffman
CHERYL LYNN HOFFMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144048044
MY COMMISSION EXPIRES DEC. 19, 2022
7
Am/
EXHIBIT A
Annexation No 1
PROPERTY DESCRIPTION:
BEING A 1.398 ACRE TRACT OF LAND LOCATED IN SECTION 1, TOWNSHIP 1 NORTH, RANGE 65 WEST
AND IN SECTION 6, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY
OF WELD, STATE OF COLORADO:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 1; THENCE ALONG THE EAST -WEST
CENTERLINE OF SAD SECTION 6 NORTH 88°45'30" EAST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 01'23'28" WEST, A DISTANCE OF 855.53 FEET;
THENCE NORTH 04'24'15" WEST A DISTANCE OF 454.37 FEET;
THENCE NORTH 00'37'07" WEST, A DISTANCE OF 218.88 FEET TO THE NORTHEASTERLY LINE OF THAT
PARCEL OF LAND AS DESCRIBED IN WARRANTY DEED RECORDED AT RECEPTION NO. 4677267 IN THE
OFFICE OF THE WELD COUNTY CLERK AND RECORDER;
THENCE ALONG SAID NORTHEASTERLY LINE NORTH 60°13'54" WEST, A DISTANCE OF 370.82 FEET TO
THE EAST -WEST CENTERLINE OF SAID SECTION 1;
THENCE ALONG SAID EAST -WEST CENTERLINE OF SAID SECTION 1 SOUTH 89°46'31" EAST, A DISTANCE
OF 349.92 FEET TO THE POINT OF BEGINNING
CONTAINING 1.398 ACRES (60,914 SQ. FEET), MORE OR LESS.
Annexation No 2
PROPERTY DESCRIPTION:
BEING A 2.835 ACRE TRACT OF LAND LOCATED IN SECTION 1, TOWNSHIP 1
NORTH, RANGE 65 WEST AND IN SECTION 6, TOWNSHIP I NORTH, RANGE 64 WEST
OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 1; THENCE
ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 6 NORTH 88°45'30" EAST,
A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00°37'07" EAST, A DISTANCE OF 2585.93 FEET TO THE SOUTH LINE
OF SAID SECTION 6;
THENCE ALONG SAID SOUTH LINE OF SECTION 6 SOUTH 89°19'56" WEST, A
DISTANCE OF 30.00 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 6;
THENCE ALONG THE SOUTH LINE OF SAID SECTION 1 SOUTH 89°23'33" WEST, A
DISTANCE OF 30.00 FEET;
THENCE NORTH 00°37'07" WEST, A DISTANCE OF 2184.32 FEET;
THENCE SOUTH 04°24' 15" EAST, A DISTANCE OF 454.37 FEET;
THENCE NORTH 01°23'28" EAST, A DISTANCE OF 855.53 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2.835 ACRES (123,482 SQ. FEET), MORE OR LESS
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EXHIBIT B
Annexation No 1:
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Annexation No 2:
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COUNTY ROAD 49
ANNEXATION MAP NO 1 TO THETOWN OF HUDSON
A PORiONOf SECTION I rlN.PbNNOF1HETM PM.
MAMMON OF SECTOR 6. T' N.RRI W OF PIE en4 PM.
TOWN OFM UNN COUNTY OF WED STATE OFCOLOWDO
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COUNTY ROAD 49
ANNEXATION MAP 90.2 TO THE TOWN OF HUDSON
A PORTION OF BECTON I.TIN.N6iW OF THESM PM.
AAO A PORTION OF SECION6. TIN. R61W OF Off 6MPAA
TORN OF IVIS001. COMP/ OFWEID,StArE OF COLORADO
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