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130 S. McKinley Avenue Phone: 303.857.6694
Fort Lupton, CO 80621 Fax: 303.857.0351
www.fortluaton.oro
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CITY OF FORT LUPTON
NOTICE OF PUBLIC HEARING
RECEIVED
JUN 282021
WELD COUNTY
COMMISSIONERS
Notice is hereby given that the City of Fort Lupton is in receipt of an application submitted by Virginia
Raterink and George Raterink for an annexation and initial zoning to the 'A' Agricultural Zone District
for a property located at 13877 Hwy 52 in Weld County, CO and including the parcel east and
adjacent, pursuant to the City of Fort Lupton Municipal Code Notice Requirements.
The public hearings are to be held before the Planning Commission on Thursday, July 8, 2021, at 6:00
P.M., and before the City Council on Tuesday, July 20, 2021, at 7:00 P.M. or as soon as possible
thereafter.
The public hearings shall be held in the City Hall, 130 South McKinley Avenue, Fort Lupton,
Colorado, or at such other time or place in the event this hearing is adjourned. In the event that City
Hall is closed to the public at the time of the hearings due to COVID-19, the public hearings willbe
held remotely, accessible to the public by phone and internet. Information on how to attend the
hearings will be provided in the agenda posted on the City's website, www.fortluptonco.gov.
Further information is available through the City Planning & Building Department at (303)
857-6694.
ALL INTERESTED PERSONS MAY ATTEND
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED AT THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP1 NORTH, RANGE 66
WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO: FURTHER DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5 TO BEAR SOUTH
89'39'45"WEST, BEING MONUMENTED ON THE EAST END BY A 3/4" REBAR WITH 3 1/4" ALUMINUM
CAP, PLS 13155 N MONUMENT BOX, AND ON THE WEST END BY A 3/4" REBAR WITH 3 1/4"
ALUMINUM CAP, PLS 13155 IN MONUMENT BOX, AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO; COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 5; THENCE NORTH
00'07'26" WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A
DISTANCE OF 75.00 FEET TO THE NORTH LINE OF APPEL FARM ANNEXATION TO THE TOWN OF
FORT LUPTON AND THE TRUE POINT OF BEGNNING; THENCE SOUTH 89"39'45" WEST, COINCIDENT
WITH SAID NORTH LINE, A DISTANCE OF 767.13 FEET TO THE WEST LINE OF LOT A, RECORDED
EXEMPTION NO. RECX20-0069, AS SHOWN ON THE PLAT RECORDED AUGUST 5, 2020 AS RECEPTION
NO. 4616704 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO,
ALSO BEING THE EAST LINE OF TWOMBLY ANNEXATION, AS SHOWN ON THE PLAT RECORDED
FEBRUARY 23, 994 AS RECEPTION NO. 2374890 IN THE RECORDS OF THE CLERK AND RECORDER
FOR WELD COUNTY, COLORADO; THENCE NORTH 00'07'26" WEST, COINCIDENT WITH SAID LINE, A
PubI; C Rev;e(A)
cc:So(RS), PL(TP)CM(►- WI 17TP)
PW( R /c H /EP), ASR(DK/0-G), G ISC6)
07/ Pei /2 I 07/0 r/,2 I
2021-1848
DISTANCE OF 492.97 FEET TO THE NORTHWEST CORNER OF SAID LOT A; THENCE NORTH 89"40'43"
EAST, COINCIDENT WITH THE NORTH LINE OF SAID LOT A AND LOT B, RECX20-0069, ALSO BEING
THE SOUTH LINE OF SAID TWOMBLY ANNEXATION, A DISTANCE OF 767.13 FEET TO THE EAST LINE
OF THE NORTHEAST 1/4 OF SAID SECTION 5; HENCE SOUTH 00'07'26" EAST, COINCIDENT WITH SAID
EAST LINE, A DISTANCE OF 492.76 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 378,092 SQUARE FEET OR 8.68 ACRES, MORE OR LESS
RESOLUTION NO. 2021R036
A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING ANNEXATION
PROCEEDINGS FOR THE ANNEXATION KNOWN AS THE RATERINK ANNEXATION AND SETTING
THE PUBLIC HEARING FOR JULY 20, 2021
WHEREAS, the Fort Lupton City Council has reviewed the annexation petition submitted by
Virginia J. Raterink and George V. Raterink for 8.68 acres, more or less, and known as the Raterink
Annexation; and
WHEREAS, the Fort Lupton City Council finds the annexation petition to be complete and in
substantial conformance with the requirements of C.R.S. 31-12-107 (1) as amended.
NOW THEREFORE BE IT RESOLVED that the Fort Lupton City Council hereby approves this
Resolution initiating annexation proceedings for the Raterink Annexation and sets the hearing date
for July 20, 2021, to determine if the proposed annexation complies with C.R.S. 31-12-104 and 31-
12-105, or such parts thereof as may be required to establish eligibility for annexation under the
terms of Part 1, Article 12, Title 31, C.R.S.
APPROVED AND ADOPTED BY THE FORT LUPTON CITY COUNCIL THIS 15th DAY OF JUNE 2021.
City of Fort Lupton, Colorado
s/Zo Stieber
Zo Stieber, Mayor
Attest:
s/Maricela Pena
Maricela Pena, City Clerk
Approved as to form:
s/Andy Ausmus
Andy Ausmus, City Attorney
PETITION FOR ANNEXATION
TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort
Lupton and its City Council for annexation to the City of Fort Lupton of the unincorporated
territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by
this reference, located in the County of Weld and the State of Colorado, and to be known as the
Raterink Annexation to the City of Fort Lupton.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to the
City of Fort Lupton.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., 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 City of Fort Lupton or will be contiguous with the City of
Fort Lupton within such time as required by Section 31-12-104.
b. A community of interest exists between the area proposed to be annexed and the
City of Fort Lupton.
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 City of Fort Lupton.
e. No land within the boundary of the area 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 area 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, 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 area
proposed to be annexed for the annexation of such area to another municipality.
The area proposed to be annexed is not part of any incorporated city, city and
county, or town.
1
h. 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 Fort Lupton was held within the twelve months preceding the filing of this
petition.
i. The annexation of the area proposed to be annexed will not result in the
detachment of said 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 City of Fort Lupton more than three miles in any
direction from any point of the boundary of the City of Fort Lupton in any one
year.
k. The territory to be annexed is 8.68 more or less acres in total area.
1. 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, light, sanitation, transportation, and power to be provided by the City of
Fort Lupton, and the proposed land uses for the area.
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 but is not bounded on
both sides by the City of Fort Lupton.
n. If required, an impact report will be prepared and filed pursuant to Section 31-
12-108.5, C.R.S..
3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the
landowners and own more than fifty percent (50%) of the property, excluding public
streets and alleys and any land owned by the annexing municipality, and are, in fact,
owners of one hundred percent (100%) of the property set forth in Exhibit A attached
hereto and incorporated herein by reference.
4. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen (15) copies of an annexation map shall be submitted to
the City, produced with an engineer's scale, minimum scale to be one (1) inch represents
one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four
(24) by thirty-six (36) inches, containing the following information:
a. The date of preparation, the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the annexation map.
d. The legal description.
e. Distinction of the boundary that is contiguous to the City and the length of same.
f. Lot and block numbers if the area is already platted.
g. Existing and proposed easements and rights -of -way.
2
h. Existing and requested zoning and acreage of each requested zone.
i. Ownership of all parcels within and adjacent to the annexation.
j. Appropriate certification blocks as directed by the Planning Department.
5. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen (15) copies of a master plan shall be submitted to the City
of Fort Lupton, produced with an engineer's scale, minimum scale to be one (1) inch
represents one hundred (100) feet, on a reproducible medium with outer dimensions of
twenty-four (24) by thirty-six (36) inches, containing the following information.
a. The date of preparation, the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the master plan.
d. Existing and proposed easements and rights -of -way.
e. Block numbers and lot numbers with approximate dimensions.
f. Proposed gross and net residential density.
g. Existing watercourses with adequate easements for flood control.
h. Designation of all public sites to be reserved and dedicated.
i. Existing two -foot contours.
j. Appropriate certification blocks as directed by the Planning Department.
6. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of five (5) copies of all required supportive information shall be
submitted to the City of Fort Lupton which shall include the following:
a. Soils description and limitation.
b. Preliminary utility plan.
c. Mailing addresses of all property owners within five hundred (500) feet of the
annexation.
d. Affidavit concerning the amount and historical use of all water rights owned.
e. Vicinity map with one and one-half (1 ''/2) mile radius, at a minimum scale of one
(1) inch represents two thousand (2,000) feet.
f. Statement on community need for proposed annexation and zoning.
g. For all annexations in excess of ten (10) acres, the applicant shall obtain from the
school district governing the area to be annexed a statement of the effect of the
annexation upon the school district, including an estimate of the number of
students generated by the proposed annexation and the capital construction
required to educate such students.
7. 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 Fort Lupton, except for general property taxes of the City of Fort Lupton,
which shall become effective as of the January 1 next ensuing.
3
8. The zoning classification requested for the area proposed to be annexed is Agricultural,
as shown on the annexation map attached hereto and incorporated herein.
9. As required by the City of Fort Lupton, an annexation agreement has been or will be
executed by the petitioners herein and the City relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the
annexation agreement.
10. As an expressed condition of annexation, landowner(s) consent(s) to petition for
inclusion into the Northern Colorado Water Conservancy District and the municipal sub
district pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs
associated with such inclusion. Landowner(s) acknowledge(s) that, upon inclusion into
the district and subdistrict, landowner's(s') property will be subject to the same mill
levies and special assessments as are levied or will be levied on other similarly situated
property in the district and subdistrict at the time of inclusion of landowners(s') lands.
Landowner(s) agree(s) to waive any right to an election which may exist to require an
election pursuant to Article X, Section 20, of the Colorado Constitution before the
district and subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Landowner(s) also agree(s) to waive, upon inclusion, any right
which may exist to a refund pursuant to Article X, Section 20, of the Colorado
Constitution.
11. The non-refundable annexation application fee of $836.80 is tendered herewith.
4
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton,
to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in
accordance with and pursuant to the statutes of the State of Colorado.
Land Owner s Name s an e • nature s
Mailing Address Date •_ Si nin
Geor•e V. Raterink . -� X3877 Hwy 52, Ft. Lupton, Co
Vir_inia J. RaterinleV 13877 Hwy 52, Ft. Lupton, Co.
21
The foregoing signature(s) was/were subscribed and sworn to before me this 2-g day of
`�I ley , 20 j, by
Witness my hand and official seal.
My ission expires on z)i-ti ga 2g, 21' S
eJ
Vl'
Notary Public
Land Owned
Shannon E. DeVries
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214003 8 7700 28, 2025
MY COMMISSION EXPIRES
A PARCEL OF LAND IN THE CITY OF FORT LUPTON, COLORADO, LOCATED IN THE
NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 1 NORTH, RANGE 66 WEST, OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5 TO BEAR
SOUTH 89°39'45" WEST, BEING MONUMENTED ON THE EAST END BY A 3/4" REBAR WITH 3
1/4" ALUMINUM CAP, PLS 13155 IN MONUMENT BOX, AND ON THE WEST END BY A 3/4"
REBAR WITH 3 1/4" ALUMINUM CAP, PLS 13155 IN MONUMENT BOX, AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 00°07'26"
WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5, A
DISTANCE OF 75.00 FEET TO THE NORTH LINE OF APPEL FARM ANNEXATION TO THE
CITY OF FORT LUPTON AND THE TRUE POINT OFBEGINNING; THENCE SOUTH
89°39'45"WEST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE OF 767.13 FEET TO
THE WEST LINE OF LOT A, RECORDED EXEMPTION NO. RECX20-0069, AS SHOWN ON THE
PLAT RECORDED AUGUST 5, 2020 AS RECEPTION NO. 4616704 IN THE RECORDS OF THE
5
CLERK AND RECORDER FOR WELD COUNTY, COLORADO, ALSO BEING THE EAST LINE
OF TWOMBLY ANNEXATION, AS SHOWN ON THE PLAT RECORDED FEBRUARY 23, 1994 AS
RECEPTION NO. 2374890 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD
COUNTY, COLORADO; THENCE NORTH 00°07'26" WEST, COINCIDENT WITH SAID LINE, A
DISTANCE OF 492.97 FEET TO THE NORTHWEST CORNER OF SAID LOT A; THENCE
NORTH 89°40'43" EAST, COINCIDENT WITH THE NORTH LINE OF SAID LOT A AND LOT B,
RECX20-0069, ALSO BEING THE SOUTH LINE OF SAID TWOMBLY ANNEXATION, A
DISTANCE OF 742.13 FEET TO THE NORTHEAST CORNER OF SAID LOT B, ALSO BEING
THE EAST RIGHT-OF-WAY LINE OF CLUBHOUSE DRIVE AS DESCRIBED IN DEED
RECORDED DECEMBER 21, 1998 AS RECEPTION NO. 2661930 IN THE RECORDS OF THE
CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE SOUTH 00°07'26"
EAST, COINCIDENT WITH THE WEST LINE OF SAID CLUBHOUSE DRIVE, A DISTANCE OF
94.65 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 28°57'18", WHOSE CHORD BEARS
SOUTH 14°36'05" EAST, A DISTANCE OF 100.00 FEET; THENCE COINCIDENT WITH SAID
WEST RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE, A DISTANCE OF 101.07
FEET TO THE EAST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTH
00°07'26" EAST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 301.20 FEET TO THE
TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 378,092 SQUARE FEET OR 8.60 ACRES, MORE OR LESS.
6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
, being first duly sworn, states upon oath that he/she is the
circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge
that the signature of each land owner appearing on said petition is the signature of the person whose
name it purports it to be.
(Signatu Circulator
The, foregoing Affidavit was subscribed and swo n to before me this 2Q 1 I ] day of
/Vl(t/ ,20 .J ,by ('e r9/ZakviH7A< Vjr
Witness my hand and official seal.
My commission expires on !/
9&/`0S -
/' �I
Shannon E. DeVries
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214003700
MY COMMISSION EXPIRES January 28, 2025
Notary Public
7
RATERINK ANNEXATION TO THE CITY OF FORT LUPTON
VICINITY MAP 1" = 2000'
GRAPHIC SCALE
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Located in the Northeast 1/4 of Section 5,
Township 1 North, Range 66 West of the fith P.M.,
County of Weld, State of Colorado
Sheet 1 of 1
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PROPERTY DESCRIPTION:
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Exhibit A
LEGAL DESCRIPTION OF PROPERTY SUBJECT TO ANNEXATION
A PARCEL OF LAND LOCATED AT THE NORTHEAST '/ OF SECTION 5, TOWNSHIP 1
NORTH, RANGE 66 WEST OF THE 6111 P.M. COUNTY OF WELD, STATE OF COLORADO:
FURTHER DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 5 TO
BEAR SOUTH 89'39'45"WEST, BEING MONUMENTED ON THE EAST END BY A 3/4"
REBAR WITH 3 1/4" ALUMINUM CAP, PLS 13155 N MONUMENT BOX, AND ON THE
WEST END BY A 3/4" REBAR WITH 3 1/4" ALUMINUM CAP, PLS 13155 IN MONUMENT
BOX, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE EAST 1/4 CORNER OF SAID SECTION 5; THENCE NORTH
00'07'26" WEST, COINCIDENT WITH THE EAST LINE OF THE NORTHEAST 1/4 OF SAID
SECTION 5, A DISTANCE OF 75.00 FEET TO THE NORTH LINE OF APPEL FARM
ANNEXATION TO THE TOWN OF FORT LUPTON AND THE TRUE POINT OF BEGNNING;
THENCE SOUTH 89"39'45" WEST, COINCIDENT WITH SAID NORTH LINE, A DISTANCE
OF 767.13 FEET TO THE WEST LINE OF LOT A, RECORDED EXEMPTION NO. RECX20-
0069, AS SHOWN ON THE PLAT RECORDED AUGUST 5, 2020 AS RECEPTION NO.
4616704 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY,
COLORADO, ALSO BEING THE EAST LINE OF TWOMBLY ANNEXATION, AS SHOWN
ON THE PLAT RECORDED FEBRUARY 23, 994 AS RECEPTION NO. 2374890 IN THE
RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE
NORTH 00'07'26" WEST, COINCIDENT WITH SAID LINE, A DISTANCE OF 492.97 FEET TO
THE NORTHWEST CORNER OF SAID LOT A; THENCE NORTH 89"40'43" EAST,
COINCIDENT WITH THE NORTH LINE OF SAID LOT A AND LOT B, RECX20-0069, ALSO
BEING THE SOUTH LINE OF SAID TWOMBLY ANNEXATION, A DISTANCE OF 767.13
FEET TO THE EAST LINE OF THE NORTHEAST '/ OF SAID SECTION 5; HENCE SOUTH
00'07'26" EAST, COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 492.76 FEET TO
THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 378,092 SQUARE FEET OR 8.68 ACRES, MORE OR LESS
8
VICINITY MAP 1" 2000'
GRAPHIC SCALE
100
LT5°
TWOMBLY ANNEXATON
(,¢C Nu 0714000)
ge.1n° awn -T -1A
°i'MR I�ee°Q6 xo s!
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200
300
RATERINK ANNEXATION TO THE CITY OF FORT LUPTON
Located in the Northeast 1/4 of Section 6,
Township 1 North, ,Range 66 West - of the 6th P.M.,
County of Weld, State of Colorado
Sheet 1 of 1
NOTES:
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TWOMBLY ANNEXATON
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ANNEXATION TABLE:
TOTAL PERIBETEM 2SIDAID MET
REWIRED I/6 0000040U0 700400 : 420.00 MET
102.411.4.rE 727.0'
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TWOMBLY ANNEXATCN
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MOM NO. 147,0420ICOE
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TWOMBLY ANNENATON
(REG NO. 2774000)
HIGHWAY NO. 52
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APPEL (F1ABC xANANNEEXATON
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PROPERTY DESCRIPTION:
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OWNER'S APPROVAL:
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Mill. OR OF
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NOTARY
PLANNING COMMISSION RECOMMENDATION:
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MAYOR'S CERTIFICATE:
11106TO OEM, NAT THE YAP Of WE ADOVE-06MBED PROPERTY ...PROM BY
ORM.. Of THE CITT OF FORT VAR. PASSED AND ADOPTED ON. ThE DAY Of
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APPROVED TH0 DAY Of
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MAYOR
SURVEYOR'S CERTIFICATE:
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CRY m ram LUPTON.
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