HomeMy WebLinkAbout20210833.tiffRECEIVED
MAR 12 2021
WELD COUNTY
GRIGSBY / FIELING COMMISSIONERS
PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK
DATE: October SS , 2020
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO.
We, Guy Grigsby and Amy Reling, the undersigned landowners, in accordance
with Colorado law, hereby petition the Town of Frederidc and its Board of Trustees for
annexation to the Town of Frederidc of the following described unincorporated territory
located in the County of Weld and State of Colorado, to -wit:
See Exhibit
As part of this petition, your petitioner further states to the Board of Trustees of
Frederidc, Colorado, that:
1. It is desirable and necessary that the territory described in Exhibit A be
annexed to the Town of Frederick.
2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as
amended, exist or have been met in that:
a. Not less than one-sbcth of the perimeter of the area proposed to be
annexed is contiguous with the Town of Frederidc or will be
contiguous with the Town of Frederick within such time as required
by 31-12-104.
b. A community of interest exists between the area proposed to be
annexed and the Town of Frederidc.
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 of Frederick.
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
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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 aces 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 induded 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.
i. The annexation of the territory proposed to be annexed will not
have the effect of extending the boundary of the Town of Frederick
more than three miles in any direction from any point of the
boundary of the Town of Frederick in any one year.
J•
Prior to completion of the annexation of the territory proposed to
be annexed, the Town of Frederick will 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 of Frederick; and the proposed land uses for the area;
such plan to be updated at least once annually.
k. 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 induded within the
territory to be annexed. The Town of Frederick 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 is to be annexed to the Town of Frederick but is not bounded
on both sides by the Town of Frederidc.
3. The owners of more than fifty percent of the area proposed to be
annexed, exclusive of dedicated streets and alleys, have signed this
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petition and hereby petition for annexation of such territory.
4. Accompanying this petition are four copies of an annexation map
containing the following information:
a.
b.
A written legal description of the boundaries of the area proposed
to be annexed;
A map showing the boundary of the area proposed to be annexed,
said map prepared 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 blodcs;
d. Next to the boundary of the area proposed to be annexed, a
drawing of the contiguous boundary of the Town of Frederick 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 the 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 of Frederick, except for general property
taxes of the Town of Frederick which shall become effective as the
January 1 next ensuing.
6. The zoning dassification requested for the area proposed to be annexed is
Residential Estate RE.
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WHEREFORE, the following petitioner respectfully requests that the Town of
Frederick, acting through its Board of Trustees, approve the annexation of the
area proposed to be annexed. By this acknowledgment, the undersigned hereby
oe "fy that th -_above I • rmation is complete and true.
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Owner Dat
Owner
STATE OF COLORADO)
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COUNTY OF C3ol_.11
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Date
The foregoing instrument was acknowledged before me this day
of C o �Z .2020 bye)UN C iZ�r,�5Ry avvi (�v�t F?ELI IJC)
My commission expires: DS 1 b2 -
Witness My Hand and Official Seal.
4
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•
ALEXANDRA B. SEOLAK •
•
NOTARY PUBLIC •
• STATE OF COLORADO •
• •
NOTARY ID 19984012110 •
• MY COMMISSION EXPIRES MAY 1.2022 •
•
•••••..••••......efr:4ie4i••••
RECORD OF LAND OWNERSHIP AND DATED SIGNED
Please print
Landowner/Petitioner: Guy Grigsby and Amy Fieling
Mailing Address: 6870 WCR 5, Erie, CO 80516
Date: 10/2020
Legal Description of Land Owned:
See Exhibit
5
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO)
)ss.
COUNTY OF ) r L
I, Kirby Smith, being first duly sworn upon oath, deposes and says that (he) was
the circulator of this Petition for Annexation of lands to the Town of Frederick,
Colorado, consisting of seven (7) pages induding this page and that each
signature hereon was witnessed by your affiant and is the signature of the
person whose name is purports to be.
STATE OF COLORADO)
)ss•
COUNTY OF ) Ara-1?e,-V-to -e._
The foregoing instrument was admowledged before me this / 41 -IA- day
of O c t -o b ep , 2020 by J oSe M i tg arr a.
My commission expires: Fe_)0 3 t Z-0 z -A
Witness My Hand and Official Seal.
JOSE M MARRA ORTEGA
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20204004385
MY COMMISSION EXPIRES FEB 3, 2024
6
EXHIBIT A
GRIGSBY / FIELING ANNEXATION
ANNEXATION DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6THPRINCIPAL MERIDIAN, BEING
PART OF LOT B, RECORDED EXEMPTION NO. 1313-33-2 RE -5065, RECORDED JULY
14, 2011 AT RECEPTION NO. 3779824, COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT B; THENCE S85°03'17"E
ALONG THE NORTH LINE OF SAID LOT B A DISTANCE OF 30.13 FEET TO A POINT
ON THE EAST LINE OF THE YARDLEY WETLANDS ANNEXATION & ZONING #4,
RECORDED JULY 5, 2007 AT RECEPTION NO. 3488204, SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID LOT B FOR THE
FOLLOWING TWENTY THREE (23) COURSES: 1) S85°03'17"E A DISTANCE OF 65.99
FEET; 2) N82°52'50"E A DISTANCE OF 51.26 DEFT; 3) N62°07'44"E A DISTANCE OF
91.60 FEET; 4) N70°51'07'E A DISTANCE OF 53.99 FEET; 5) N87°21'42"E A DISTANCE
OF 61.17 FEET; 6) S83°39'28"E A DISTANCE OF 197.29 FEET; 7) S76°08'00"E A
DISTANCE OF 166.81 FEET; 8) $65°25'48"E A DISTANCE OF 75.58 FEET; 9) S55°59'46'E
A DISTANCE OF 70.42 FEET; 10) $64°31'11'E A DISTANCE OF 49.42 FEET; 11) S
16°01'04"W A DISTANCE OF 59.29 PE ET; 12) S24°33'31 "E A DISTANCE OF 53.35 FEET;
13) S46°28'50"E A DISTANCE OF 70.10 FEE1; 14) S54°09'37'E A DISTANCE OF 435.08
FEET; 15) S20°54'57"E A DISTANCE OF 82.09 FEET; 16) S28°44'54"W A DISTANCE OF
61.64 PEET; 17) S44°53'23"W A DISTANCE OF 119.18 FEET; 18) S52°43'59"W A
DISTANCE OF 212.55 I~EE'1;19) $67°45'14"W A DISTANCE OF 95.46 FEET; 20)
S58°33'22"W A DISTANCE OF 62.45 FEET; 21) S 36°12'20"W A DISTANCE OF 65.89
FEET; 22) S27°54'36"W A DISTANCE OF 81.11 FEET; 23) N85°43'21 "W A DISTANCE OF
773.83 FEET TO A POINT ON THE EAST LINE OF SAID YARDLEY WETLANDS
ANNEXATION; THENCE N00° 17'33 "W ALONG SAID EAST LINE A DISTANCE OF
978.10 FEET TO THE TRUE POINT OF BEGINNING;
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TOWN OF FREDERICK, COLORADO
RESOLUTION NO.21-R-17A
A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTY IN
WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID
ANNEXATION TO BE KNOWN AS THE "GRIGSBY ANNEXATION"
WHEREAS, a petition for annexation of certain property has been filed with the
Board of Trustees of the Town of Frederick by Amy J. Fieling and Guy W. Grigsby.
WHEREAS, the Board of Trustees has reviewed the Petition;
WHEREAS, the Board of Trustees will permit consideration of the property for
annexation and zoning, as requested in the petition.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FREDERICK, COLORADO, AS FOLLOWS:
Section 1.
Section 2.
Initial Finding of Substantial Compliance. The petition, related to
property that is legally described as provided in the attached Exhibit A
("Subject Property"), which is incorporated by reference as if fully set out
herein, appears to be in substantial compliance with the requirements of
applicable laws of the State of Colorado with respect to eligibility for
annexation.
Initial Finding that Election is Not Required. Based on the information
available to the Board of Trustees at this time, it appears that an election is
not required by Section 30(1)(a) of Article II of the Colorado Constitution
and C.R.S. 31-12-107(2). Pursuant to C.R.S. §§ 31-12-107 and 31-12-111,
the Board of Trustees finds that, on this record, the annexation may be
accomplished by Ordinance.
Section 3. Terms and Conditions. No additional terms and conditions are to be
imposed except those that are provided for in the petition.
Section 4.
Date, Time, and Location of Formal Public Hearing. The Board of
Trustees will hold a public hearing for the purpose of determining if the
proposed annexation complies with the applicable requirements of the
Colorado Constitution and C.R.S. §§ 31-12-104 and 31-12-105, and will
hold a public hearing to establish the appropriate zoning of the Subject
Property as requested in the petition, at the Frederick Town Hall, 401
Locust, Frederick, Colorado 80530, at the following time and date:
7:00 P.M., April 20th, 2021
Section 5. Public Input Allowed. Any person may appear at the public hearing
scheduled pursuant to Section 4, above, and present evidence relative to
the proposed annexation or the proposed zoning.
Section 6.
Section 7.
Determinations by Board of Trustees. Upon completion of the hearing,
the Board of Trustees shall set forth, by resolution, its findings and
conclusions with reference to the eligibility of the proposed annexation
and whether the statutory requirements for the proposed annexation have
been met, and further, if annexation is approved, the Board of Trustees
will determine the appropriate zoning of the Subject Property.
Formal Action by Board of Trustees. If the Board of Trustees
concludes, by resolution, that all statutory requirements have been met and
that the proposed annexation is proper under the laws of the State of
Colorado, the Board of Trustees shall pass one or more ordinances
annexing the Subject Property into the Town of Frederick, and shall pass
one or more ordinances zoning the Subject Property as required by the
Town of Frederick Land Use Code.
Section S. Effective Date. This resolution shall become effective immediately upon
adoption.
Section 9.
Section 10.
Repealer. All resolutions, or parts thereof, in conflict with this resolution
are hereby repealed, provided that such repealer shall not repeal the
repealer clauses of such resolution nor revive any resolution thereby.
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 9"' DAY OF MARCH, 2021.
ATTEST: TOWN OF FREDERICK
By By
Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor
EXHIBIT A
GRIGSBY / FIEUNG ANNEXATION
AMEXATION DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 611I PRINCIPAL MERIDIAN, BEING
PART OF LOT B, RECORDED EXEMPTION NO. 1313-33-2 RE -5065, RECORDED JULY
14, 2011 AT RECEPTION NO. 3779824, COUNTY OF WELD, STATE OF COLORADO,
BffitG MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT B; THENCE S85°03'17'E
ALONG THE NORTH LINE OF SAID LOT B A DISTANCE OF 30.13 FEET TO A POINT
ON THE EAST LINE OF THE YARDLEY WETLANDS ANNEXATION & ZONING #4,
RECORDED JULY 5, 2007 AT RECEPTION NO. 3488204, SAID POINT BEING; THE TRUE
POINT OF BEGINNING; THENCE ALONG THE BOUNDARY OF SAID LOT B FOR THE.
FOLLOWING TWENTY TRIBE (23) COURSES: I) S85°03'17"E A DISTANCE OF 65.99
FEET; 2) N82°52"50"E A DISTANCE OF 51.26 FEET; 3) N62°07'44"E A DISTANCE OF
91.60 FEET; 4) N70°51107'7 A DISTANCE OF 53.99 FEET; 5) N87°21'42"E A DISTANCE
OF 61.17 FEET; 6) S83°39'28"F. A DISTANCE OF 19729 FEET; 7) S76°088'00"E A
DISTANCE OF 156.81 FEET; 8) $65°25'48'E A DIST'ANC'E OF 75.58 FEET; 9) S55°S9'46"E
A DISTANCE OF 70.42 FEET; 10) $64°31'11"E A DISTANCE OF 49.42 FEET; 11) S
16e01'04"W A DISTANCE OF 59.29 FEET; 12) S24°33'31"E A DISTANCE OF 53.35 FEET;
13) S46°28'50"E A DISTANCE (W70.10 FEET; 14) S54°U9'3T E A DISTANCE OF 435.08
FEET; 15) S20°54'57"E A DISTANCE OF 82.09 FEET; ltd) S28°44'54"W A DISTANCE OF
61.64 FEET; 17) S44°53'23"W A DISTANCE OF 119.18 FEET; 18) S52°43'59"W A
DISTANCE OF 212.55 FEET; 19) $67°45'14"W A DISTANCE OF 95.46 FEET; 20)
S58°33"22"W A DISTANCE OF 62.45 FEET; 21) S 36°122(i"W A DISTANCE OF 65.89
FEET; 22) 827°54'36"W A DISTANCE OF 81.11 FEET; 23) N85°43'21 "W A DISTANCE OF
773.83 FEET TO A POINT ON THE EAST LINE CIF SAID YARDLEY WETLANDS
ANNEXATION; THENCE N00°17'33"W ALONG SAID EAST LINE A DISTANCE OF
978.101~k!" TO THE TRUE POINT OF BEGINNING;
NOTICE OF PUBLIC HEARING
FOR THE GRIGSBY ANNEXATION, ZONING AND MINOR SUBDIVISION
NOTICE IS HEREBY GIVEN that the Planning Commission will hold a public hearing
commencing on Thursday, April 15, 2021 at 6:00 pm and that the Board of Trustees will then
hold a public hearing commencing on Tuesday, April 20, 2021 at 7:00 pm. Both meetings will
be held virtually with access provided via a link available online at www.frederickco.gov.
The application requests consideration of an Annexation, Zoning, and Minor Subdivision request
received from Guy Grigsby and Amy Fieling, 6870 County Road 5, Frederick, Colorado, 80516;
for real property located within a portion of the Section 33, Township 2 North, Range 68 West of
the 6th P.M., within the Town of Frederick.
The Planning Commission and Board of Trustees will consider whether the proposed request meets
the requirements of the Frederick Land Use Code and whether the request should be granted
approval for the property.
To sign up to speak during Public Comment please contact the Commission Secretary Meghan
Martinez at mmartinez@frederickco.gov and provide your comments. The Secretary will read
your name, address and comments into the record. Members of the public may also utilize the chat
feature in the Zoom Meeting but comments will only be taken up until the designated public
comment time.
Copies of the full application and supporting materials submitted as well as the full-sized maps are
available for review. Please contact Project Planner, Maureen, at mwelsh@frederickco.gov to
receive instructions on how to access the materials.
Dated this 10th day of March, 2021
TOWN OF FREDERICK, COLORADO
By:
Meghan C. Martinez, Town Clerk
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