HomeMy WebLinkAbout20170555.tiffTOWN OF HUDSON
557 ASH STREET, P.O. BOX 351, HUDSON, CO 80642-0351
Phone: (303) 536-9311 FAX: (303) 536-4753
www.hudsoncolorado.org
February 15, 2017
Weld County Board of County Commissioners
Weld County Attorney
Weld County School District RE3J
Hudson Fire Protection District
Central Colorado Water Subdistrict
Central Colorado Water Conservancy District
High Plains Library District
Aims Community College
RECEIVED
FEB 2 1 201?
WELD COUNTY
COMMISSIONERS
SENT VIA CERTIFIED MAIL
Re: Notice of State Highway 52 Annexation Hearing, Case No. 17-01
Enclosed for your information are copies of the Annexation Petition, Resolution of Substantial Compliance, and the
legal notice concerning the proposed State Highway 52 Annexation consisting of 7.693 acres as illustrated on the
enclosed map.
A public hearing on the annexation and zoning of this property will be held before the Hudson Town Council at the
above address on Wednesday, March 15, 2017 at 6:00 pm.
Should you have any comments or concerns please send them to the Town prior to the public hearing
dates and you are welcome to attend and express your opinions during these meetings. Should you have
any questions regarding this matter please call Joe Racine or myself at 303-536-9311.
Sincerely,
49411/17
Roy Fronczyk
Town Planner
r_fronczyk@msn.com
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100 Years as an Incorporated Town -Join Us in Building for Our Next 100 Years
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PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO
RE: PROPERTY KNOWN AS THE HIGHWAY 52 ANNEXATION TO HUDSON
The undersigned owners of more than fifty percent (50%) of property proposed to
be annexed, exclusive of streets and alleys, which property is described in Exhibit "A",
attached hereto and made a part of, hereby petition the Town of Hudson, Colorado for
annexation of the property described in Exhibit "A" (the "Property"), in accordance with
the provisions of Title 31, Article 12, Part 1, C.R.S.
In support of this petition, petitioners further state:
1. That it is desirable and necessary that the Property be annexed to the
Town of Hudson, Colorado.
2. The requirements of the applicable provisions of Sections 31-12-104 and
31-12-105, C.R.S. exist or have been met.
3. Not less than one -sixth (1/6) of the perimeter of the Property is/will be
contiguous with the existing boundaries of the Town of Hudson, Colorado.
4. A community of interest exists between the Property and the Town of
Hudson, Colorado.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated or is capable of being integrated with the Town
of Hudson, Colorado.
7. In establishing the boundaries of the Property, no land 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 unless separated by a dedicated
street, road, or other public way.
8. No land held in identical ownership comprising twenty (20) acres or more
and which, together with the buildings and improvements situated thereon, has a
valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the
preceding tax year has been included in boundary of the Property without the written
consent of the landowner or landowners.
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9. No annexation proceedings have been commenced for the annexation to
another municipality of part or all of the territory proposed to be annexed.
10. Annexation of the Property will not result in the detachment of area from
any school district and the attachment of same to another school district.
11. Upon the effective date of the Annexation Ordinance, all lands within the
Property shall become subject of all ordinances, resolutions, rules and regulations of
the Town of Hudson.
12. Petitioners are owners of more than fifty percent (50%) of the territory
included in the area proposed to be annexed, exclusive of streets and alleys, and
comprise more than fifty percent (50%) of the landowners of such area, and are, in fact
owners of one hundred percent (100%) of the area proposed to be annexed, exclusive
of streets and alleys and said owners attesting to the facts and agreeing to the
conditions herein will negate the necessity of an annexation election.
13. Accompanying this petition are four (4) copies of an annexation map
showing the seal of a registered engineer or land surveyor, containing:
a. A written legal description of the boundaries of the area proposed to
be annexed;
b. A map showing the boundary of the Property and the boundary of
the Property continuous with the Town of Hudson and any other municipality
abutting the Property;
c. The location of each ownership tract of unplatted land, and, with
respect to any area which is platted, the boundaries and the plat numbers of
plots or lots and blocks;
d. The total acreage, more or less, of the Property;
e. The total length of the perimeter of the boundary of the Property
and the length of the boundary of the Property contiguous with the Town of
Hudson.
14. No part of the area proposed to be annexed is more than three (3) miles
from a point on the municipal boundary, as such was established more than one year
before this annexation will take place.
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15. The area proposed to be annexed is located within Weld County, Weld
County School District Re 3 (J), Hudson Fire Protection District, and the following
districts: Weld Library; Aims College; Central Colorado Water, Lost Creek Ground
Water and Central Colorado Water Conservation.
16. The mailing address of each signer, the legal description of the land
owned by each signer and the date of signing of each signature are all shown on this
Petition.
17. The territory to be annexed is not presently a part of any incorporated city,
city and county, or town.
18. Petitioners understand that connection to the water system of the Town
requires inclusion into the Northern Colorado Water Conservancy District, and the
Municipal Subdistrict, Northern Colorado Water Conservancy District. Failure to
provide such services to the Property shall not be cause for disconnection of the
Property at any future time.
19. As an express condition of annexation, landowner consents to inclusion of
the area described in Exhibit "A" into the Northern Colorado Water Conservancy District
("District") pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that,
upon inclusion in the District, landowner'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 at the time of inclusion of landowner's lands. Landowner agrees
to waive any right to an election which may exist to require an election pursuant to
article X, ' 20 of the Colorado Constitution before the District can impose such mill
levies and special assessments as it has the authority to impose. Landowner also
agrees to waive, upon inclusion, any right which may exist to a refund pursuant to
article X, ' 20 of the Colorado Constitution.
20. As an express condition of annexation, landowner consents to inclusion of
the area described in Exhibit "A" into the Municipal Subdistrict , Northern Colorado
Water Conservancy District ("Subdistrict") pursuant to Section 37-45-136 (3.6), C.R.S.
Landowner acknowledges that, upon inclusion in the Subdistrict, landowner'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 Subdistrict at the time of inclusion of
landowner's lands. Landowner agrees to waive any right to an election which may exist
to require an election pursuant to article X, ' 20 of the Colorado Constitution before the
Subdistrict can impose such mill levies and special assessments as it has the authority
to impose. Landowner also agrees to waive, upon inclusion, any right which may exist
to a refund pursuant to article X, ' 20 of the Colorado Constitution.
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21. No vested rights to use or to develop the Property in any articular way, as
defined in Section 24-68-101 et seq., C.R.S. have been requested by Petitioners from
any governmental entity. Petitioners waive any vested land use rights attached to any
or all of the Property.
22. The petitioners acknowledge that upon annexation of the Property to the
Town, the Property, the owners thereof, and uses thereon will be subject to all taxes
and fees imposed by the Town. Provided however, petitioner Colorado Department of
Transportation shall not be subject to taxes or fees levied by the Town from which they
are exempt by Colorado law. The Property, the owners hereof and the uses thereon
are also bound by any voter authorization under Art. X, ' 20 adopted prior to
annexation of the Property. The petitioners waive any claims they may have under Art.
X, ' 20 of the Colorado Constitution related to such taxes and fees.
Therefore, your petitioners respectfully request that the Board of Trustees of the
Town of Hudson, Colorado, approve the annexation of the Property.
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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 Hudson, Colorado, consisting of five (5) pages, including this page
and that each signature thereon was witnessed by your affiant and is the true signature
of the person whose name it purports to be.
STATE OF COLORADO
COUNTY OF SC., i5c,
Circulator
) ss.
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
o48,- day of Jaw:key 199_, by {- 'hf c -ti
'ti.
My Commission expires: - 2(0- LOcC
[SEAL]
DAWN M ZARUBNICKY
Notary Public
State of Colorado
Notary ID # 20184038996
My Commission Ex • iree 09-28-2020
Notary Public
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EXHIBIT "A"
Legal Description:
SH 52 ANNEXATION TO HUDSON
A parcel of land being a portion of the West Half of Section Three (3), Township One North
(T.1N.), Range Sixty-five West (R.65W.), Sixth Principal Meridian (6th P.M.), County of Weld,
State of Colorado:
COMMENCING at the Center Quarter Corner of said Section 3 and assuming the North line of
the Southwest Quarter of said Section 3 as bearing South 89°44'39" West a distance of
2664.11 feet with all other bearings contained herein relative thereto:
THENCE South 00°09'02" West along the East line of the Southwest Quarter of said Section 3 a
distance of 50.00 feet to the North line of that parcel of land annexed to the Town of Hudson in
an Annexation Map recorded September 11, 2002 as Reception No. 2986545 of the Records of
Weld County;
THENCE South 89°44'39" West along said North line a distance of 1159.46 feet to the
Northwest corner thereof and to the point of POINT OF BEGINNING
The next 5 (five) courses are along the West, Southwesterly and Southeasterly lines of
that parcel of land annexed to the Town of Hudson in an Annexation Map recorded
September 11, 2002 as Reception No. 2986545 of the Records of Weld County:
THENCE South 01°11'21" East a distance of 67.60 feet to the beginning point of a curve, non -
tangent to this course;
THENCE along the arc of a curve concave to the Southwest a distance of 581.91 feet, said curve
has a Radius of 1985.00 feet, a Delta of 16°47'47" and is subtended by a Chord bearing South
56° 32' 13" East a distance of 579.82 feet to the end point of said curve;
THENCE South 48°08'16" East a distance of 103.00 feet;
THENCE South 43°38'21 "East a distance of 743.05 feet;
THENCE North 46°21'09" East a distance of 113.90 feet to the East line of the Southwest
Quarter of said Section 3;
THENCE South 00°09'02" West along the East line of the Southwest Quarter of said Section 3 a
distance of 381.34 feet to the Southwesterly right of way line of Colorado State Highway 52;
The next 3 (Three) courses are along the Southwesterly right of way lines of Colorado
State Highway 52:
THENCE North 43°38'21" West a distance of 815.33 feet;
THENCE North 45°07'27" West a distance of 294.00 feet to the beginning point of a curve, non -
tangent to this course;
THENCE along the arc of a curve concave to the Southwest a distance of 1068.59 feet, said
curve has a Radius of 1835.00 feet, a Delta of 33°21'55" and is subtended by a Chord bearing
North 64°49'18" West a distance of 1053.55 feet;
THENCE North 08°29'45" East along a line radial to the aforesaid curve a distance of 150.00
feet to the beginning point of a curve, concentric with the previously described curve;
THENCE along the arc of a curve concave to the Southwest a distance of 399.57 feet, said curve
has a Radius of 1985.00 feet, a Delta of 11°32'00" and is subtended by a Chord bearing South
75°44'15" East a distance of 398.90 feet to the Westerly prolongation of the North line of that
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parcel of land annexed to the Town of Hudson in an Annexation Map recorded September 11,
2002 as Reception No. 2986545 of the Records of Weld County;
THENCE North 89°44'39" East along the Westerly prolongation of said North line a distance of
159.67 feet to the POINT OF BEGINNING;
TOTAL ANNEXED AREA for the SH52 Annexation is 7.693 acres, more or less (±).
SURVEYOR'S STATEMENT
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description of land proposed to be annexed to the Town of Hudson, County of Weld,
State of Colorado, was prepared under my personal supervision and checking, and that it is true
and correct to the best of my knowledge, information, belief, and in my professional opinion.
I further state that not less than one -sixth of the perimeter of the area proposed to be annexed is
contiguous to the boundary line of the Town of Hudson, County of Weld, State of Colorado.
Steven A. Lund - on behalf of King Surveyors
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS
650 Garden Drive
Windsor, Colorado 80550
(970) 686-5011
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