HomeMy WebLinkAbout20171817.tiffTOWN OF EATON, COLORADO
RESOLUTION NO. 2017 - 04
SETTING A HEARING DATE FOR
VIC LEFFLER AND SONS, INC.'S
PETITION FOR ANNEXATION
RECEIVED
JUN 1 g 2017
WELD COUNTY
COMMISSIONERS
WHEREAS, Vic Leffler and Sons, Inc. submitted a Petition for Annexation; and
WHEREAS, the Town Board of the Town of Eaton has reviewed the Petition for
Annexation, and, finding substantial compliance as set forth below, believes it to be in the best
interest of the Town to set a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF TRUSTEES
OF THE TOWN OF EATON, COLORADO, THAT:
Section 1. The Town Board of the Town of Eaton finds that a Petition for Annexation of
certain property situated in the West Half of Section 1, Township 6 North, Range 66 West of the 6th
P.M., County of Weld, State of Colorado, being more particularly described on Exhibit A, which is
attached hereto and incorporated herein by this reference, filed with the Town Clerk on May 4, 2017,
to be known as the "Leffler Fourth Annexation," is in substantial compliance with §31-12-107(1),
and that a public hearing should be held to determine if the proposed annexation complies with
§§31-12-104 and 31-12-105, C.R.S., or such parts thereof as may be required to establish eligibility
pursuant to §31 -12-101, et seq. ;
Section 2. The Town Board hereby sets a public hearing for such purposes for July 20, 2017,
at 7:00 p.m., at 223 1St Street, Eaton, Colorado, and directs the Town Clerk to publish and provide
notice as required by law.
Section 3. This Resolution shall be effective on the date hereof.
PASSED, ADOPTED, AND APPROVED at a regular meeting of the Town Board of the
Town of Eaton on this 18th day of May, 2017.
ATTEST:
By: Lh i C • 8a
Erika C. Bagley, Tow
ub(1c Revie .v
Cpf aCoft 7
TOWN OF EATON, COLORADO
By:
a\�y, ill fX1 k
O . `: 01,,ATED,4.O : %O
4C> ' %Z
. 2 �N
Mayor Kevin Ross
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2017-1817
EXHIBIT A
ANNEXATION DESCRIPTION:
That portion of the West Half of Section 1, Township 6 North, Range 66 West of the 6t" P.M.,
Town of Eaton, County of Weld, State of Colorado, being more particularly described as follows:
Considering the North line of the Northwest Quarter of said Section 1 as bearing South
89' 16'20" West and with oil bearings contained herein relative thereto:
Beginning at the Southwest Corner of said Section 1; thence along the South line of said Section
1 South 89'40'06' East 1085.01 feet; thence deporting said South line North 00'12'17' West
30.00 feet to a point on the North right-of-way of Weld County Road 72, said point being on the
Easterly top bank of the Graham Seepage and Drainage Canal and the TRUE POINT OF
BEGINNING; thence deporting the North right-of-way of Weld County Road 72 and along the
Easterly and Northerly top bank of said Graham Seepage and Drainage Canal the following eight
(8) courses and distances; thence North 00'12'17' West 880.04 feet; thence North 13'31'02'
West 188.89 feet; thence North 26'16'23' West 622.46 feet; thence North 39'33'17' West
709.35 feet; thence North 05'51'49' West 478.10 feet; thence North 26'29'17' West 182.70 feet;
thence North 57'01'29' West 405.92 feet to a point on the East right-of-way of Weld County
Road 35; thence departing said Easterly and Northerly top of bank and along said East right-of-
way South 05'14'06' East 55.93 feet to a point on the North line of Lot A of Recorded
Exemption No. RE -1405; thence departing said East right-of-way and along the Northerly,
Easterly and Southerly lines of said Lot A the following four (4) courses and distances; thence
South 58'31'36' East 340.80 feet; thence South 27'38'34' East 181.14 feet; thence South
07'46'35' East 145.63 feet; thence North 59'13'17' West 431.12 feet to a point on the East right-
of-way of Weld County Road 35; thence along said East right-of-way South 05'14'06' East
515.74 feet and again South 05'29'06' East 2623.92 feet to a point on the North right-of-way of
Weld County Road 72; thence along said North right-of-way South 89'40'06' East 1057.63 feet,
more or less, to a point on the Easterly top bank of the Graham Seepage and Drainage Canal and
the TRUE POINT OF BEGINNING.
Said parcel contains 60.69 acres, more or less, and is subject to all existing easements and/or
rights -of -way of record.
TOWN OF EATON
APPLICATION FOR ANNEXATION
Owner's Name(s): V1. /cam i4 .:- 0/7i-5; ISli7C
Owner's Address: i5 9/f C' / 3
E�7 Lc"
Phone # 97D 3e/ .24%.3-3--- Fax #
Zip Code: 8,/.5--
9 70
E-mail Address: r /e 7' '�e i e 5-L8 s /1 Gom
Subdivision Name: . e -/t"/ tY Ti f'//fir' 71K D, l
Acreage:
Materials required to accompany application:
1) 20 copies of all material required in the Eaton Annexation Ordinance, Section 7-6-3
(b) and (c).
As owner(s) or applicant(s) named herein, I acknowledge that all information
provided as part of this application is in all respects true and accurate to the best of my
knowledge and belief.
Signature o 0
Date
Signature of Owner Date
Signature of Owner Date
For Office Use Only:
Date Received:
Fee Paid:
Received By:
Complete Submittal:
PETITION FOR ANNEXATION
The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended,
hereby petition the Town Board of the Town of Eaton, Colorado, for annexation to the
Town of Eaton the unincorporated territory more particularly described below, to be
known asLec,Cler %%r Ifi?nrwA..7tior, [NAME OF ADDITION], and in
support of said Petition, your petitioners allege that:
1) It is desirable and necessary that the following described territory as shown in
Attachment A, be annexed to the Town of Eaton;
2) Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed
is contiguous with the Town of Eaton, Colorado;
3) A community of interest exists between the territory proposed to be annexed and
the Town of Eaton, Colorado;
4) The territory proposed to be annexed is urban or will be urbanized in the near
future;
5) The territory proposed to be annexed is integrated or is capable of being
integrated with the Town of Eaton, Colorado;
6) The signatures of the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and
said landowners attesting to the facts and agreeing to the conditions herein
contained will negate the necessity of any annexation election;
7) 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:
a. Is 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;
b. Comprising twenty (20) 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 preceding the annexation, is included within the territory proposed
to be annexed without the written consent of the landowner or landowners;
8) No part of the area proposed to be annexed is more than three miles from a point
on the municipal boundary, as such was established one year before this
annexation will take place;
9) The area proposed to be annexed comprises:
Less than ten (10) acres
✓Ten (10) or more acres (An Impact Report prepared by the Town is
required per Section 31-12-108.5, CRS, as amended)
10) The area proposed to be annexed is located within:
a. Weld County
b. North Weld County Water District
c. Weld Library District
d. Eaton School District RE -2
e. Eaton Fire Protection District
f. Northern Colorado Water Conservancy District
Aims Community College District
g.
11) 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;
12) Accompanying this Petition are twenty (20) prints of the 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, such map
prepared and containing the seal of a registered engineer or land surveyor;
c. Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be platted,
then the boundaries and the plat number of plots or of lots and blocks are
shown;
d. Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the Town of Eaton, and the contiguous boundary of
any other municipality abutting the area proposed to be annexed;
e. The dimensions of the contiguous boundaries are shown on the map.
13) The territory to be annexed is not presently a part of any incorporated city, city
and county, or town;
14) The undersigned agree to the following conditions, which shall be covenants
running with the land, and which shall, at the option of the Town, appear on the
annexation map:
a. Water rights shall be provided pursuant to Town ordinance and/or
annexation agreement;
b. The owners shall participate in providing drainage plans and improvements
and payment of a unit drainage fee as may be required by the Town for the
area;
c. The undersigned hereby waive any and all "vested rights" previously created
pursuant to Section 24-68-103, CRS, as amended;
-2-
d. The undersigned and the Town may enter into a Pre -Annexation Agreement
prior to the effective date of this annexation, which agreement shall be
additional conditions as effectively as if set forth in this Petition.
15) Petitioner represents that: (Check one)
No part of the property to be annexed is included within any site
specific development plan approved by Weld County, Colorado.
A site specific development plan has been approved by Weld
County, Colorado, which has created a vested right.
EXECUTED this et day of 404/ , 1192.0,r
,S=4'-/ 7
Signature of L. ndowner Date of Signing
Printed Name of Landowner
Mailing Address: 3.5-94(..s cR 3S
Ea/ors, c ors
3
NOTICE
NOTICE IS HEREBY GIVEN that a Petition for Annexation has been presented to the
Town Board of the Town of Eaton, Colorado, and, finding the Petition to be in substantial
compliance with the applicable provisions of law, the Town Board has adopted a Resolution to set a
public hearing to be held on July 20, 2017, at 7:00 p.m., at 223 1st Street, Eaton, Colorado, to
determine if the proposed annexation complies with the applicable requirements of law and is
considered eligible for annexation.
(le
IMPACT REPORT
LEFFLER FOURTH ANNEXATION
The proposed Leffler Fourth Annexation contains 60.69 acres on the southwest side of the
current town boundaries. The preliminary plans show the property being developed in 19 lots for
residential purposes on the area north of Benjamin Drive while the south portion will continue to be
used for agricultural purposes.
WATER
The water rights necessary for the future lots will be provided to the town by the developer
pursuant to established town ordinances and/or any annexation agreement entered into with the town.
SEWER
The sewer plant is currently running at under 50% of the total capacity so the plant has the
capacity to handle flows from the new lots.
Engineering is currently underway for the alignments and other requirements for connecting the
sewer to existing lines on the east side of the property running under Benjamin Drive.
STORM DRAINAGE
By ordinance the developer will be required to submit a drainage plan which will include the
location of a detention pond sufficient to hold the water being displaced and the sizing and location of
the storm sewer lines. Preliminary plans show that the detention pond would be located on the east
side of the annexed property on the north side of Benjamin Drive.
The developer will also need to enter into an easement agreement with the Graham Seep and
transfer this to the town as it flows under the proposed Benjamin Drive.
STREETS
The annexation includes all of the right of way for 440 feet of WCR 35 that is necessary to annex
to make appropriate upgrades for connecting Benjamin Drive.
The developer will also be required to extend Benjamin Drive from the west end of Aspen
Meadows to WCR 35. The developer has asked to shift the previous alignment of Benjamin Drive and
move it slightly south. The Town is agreeable to this change.
DISTRICTS
This annexation is part of the following districts:
1. North Weld County Water District
2. Northern Colorado Water Conservancy District
3. Eaton School District RE -2
4. Eaton Fire Protection District
5. Eaton Area Parks and Recreation District
6. High Plains Library District
7. AIMS Community College District
Nor Car
sea r -e -9n
(Be315 OF ik',IArrG5)
roues 2/1' we. and ` 509'16-39}4+
D -I/4 coral tap In One
Non Cap rnonwd:
MCRAE & SHORT, INC
T7N 0550
S3s 534
S2 ISt
T6N R6ew
1594
L5 7242
57 18.-
505'14'06"E
55.93'
37,42• —
Leffler Investments LLC
EXISTING TOWN LIMITS —•
(LEFFLER THIRD ANNEXATION)
W 1/4 Car
Sec. 1-6-66
Tacos Rum. Piy1 you{
2-I/i' Nam. Cop id
Man. Gee marked:
5-92
TAN Otto
1/4
52 I SI
CHARLES a JONES
584'30'54"W
60.00'
cn
0-
A N
o�
o o
0. On
fn
N84'30'54"E
62.00'
W County Reed Right of Cuy _
(30' ccun .ec "f .nc1.n.
Mc Leffler & Sons, Inc
SW Cor
Sec 1-6-66
Fovea O/1 Solon with
2-r.ur Num. Cop in
Men, Box marked:
IN IERMnl I.NA
Sa'.A411RG
1014 110510
s1I51
51'1 1 512
ieee
LS 1237'
EXISTING TOWN LIMITS
(LEFFLER SECOND ANNEXATION)
GOYERNOR's RANCH
SUBDIVISION THIRD FILING
FIRST REPEAT
OPEN SPACE °16"
75,
Ne4'.I9'24T
30 00'
CM
1
-.Kevin end
Diana Troudt
(Not A Part)
N25'29'17"W
182.70'
927'38'34"E
161.14'
$07'46'35"E
145.63'
I/e Car_
L4 I .6 -ea
Found 3/C Reba, end
3-I/t" Num. Cap In
Mon San red:
MCRAE R SNORT, INC
T714 6650
7/4 10
TON 0550
1994
LS 7242
NAM
WEST
r5Gu1H
PLKEONIA, `CAC : I"- TOO'
STATEMENT OF DNEM UNITS USED:
tineor unitn need for thin witty - U.S Survey Feel
-Northerly end Seelery sal, al
bank of lee Groner. there's. end
Den;"We :once as Noise '.e the
field an febrvery 75. toes,
p.
TRACT '•A'•
THE HOMES AT ASPEN
MEADOWS FIRST FILING P U -D
TRACT "A'
THE HOMES AT ASPEN MEADOWS
SECOND FILING P U.D
,
Se.1 Pr IT cod *onee.1y Icy &—
Mee col In, a.ahum aeeya7. e fha'n Set map of rRecorded
a"
the
Premoolar No 1105
CP
LEFFLER FOURTH ANNEXATION
Lrl
so
T
61,30+ Acres
989'40'Q6"E 1057.63'
I',RSISNC TOWN LIMITS
(LEFFLER SECOND ANNEXATION)
TRACT "8"
THE HONES AT
ASPEN MEADOWS
SECOND FILING P.9.0
(DETENTION PONE
AND DRAINAGE
EASEMENT)
N 13.31 '02'W
188.89'
- Nt 1'51'31"W
246.50'
LEF L E LL FOUNT
1.1 L
LJ VLJ V LE
AXAT�t1 lJ V
A PORTION OF THE WEST HALF OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 86 WEST
OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO.
OWNER'S APPROVAL AND DEDICATION:
Nim now all en by these presents, that we, Leffler Investments, LLC, being the sole owners of the
land deserite, herein, have caused said land to be laid out under the name of LEFFLER FOURTH
At4NEX&ISJN and do hereby dedicate to the pubic forever all streets. alleys end utility easements as
irndivsled hereon.
In witness whereof, we hove hereunto set our hands and seals this the day of
2017
BY:
AS' --
STATE # CDTafm00
SS
CoUNrn OF wEt.D
The foregoing instrument was acknowledged before me by
this __day of 2017
My commission moires
ACCEPTANCE:
Notary Public
rho attached mop woe accepted by the Town of Eaton, Weld County, Coieredo, and the territory
Ihernin deogngtcd mode a part of the Town of Eaton, and Included within the limits and
juri4d;ftio e.
thereof this _ -
Mayor
day of AD 2017
Attest Town Administrator
-Northerly and TAMMY lop
of bark of the Groton,
Seepage and Drainage
Conol ae located in the
field an Feefuery 23, 1599.
M L L.i1 OOM'
CO
0
O
a.
_Se4'40'OeE- toss 01' -
Se7Ia'a6'[ 2705 44'
-6a' Co -arid Ruud Right ar Way
(So' each roe al ban line)
IN Eaton, LLC
Lynn end Leslie
Fogel -berg
nCa'r2-r7ne
3000'
a256 {..1'
WCR NO. 72
ANNEXATION DATA:
Contiguity To Existing Town Limits - 3,719,02 L.F. (39.62% of Proposed)
Total Morehtc AnnaxoEan = 52,314.12 L.F. (IUo of Allowably)
Total Proposed Adsorption ?,365.67 L.F. (4v,p57 of Nlawoble)
-SE Cor
Sec. 1-6-66
Fume 3/4' Rotor with
2-I/2 Barn. Cop
morkrd:
000553 El.EVA110N CO INC
row
R I n e
N5 W
w 12 7
GENERAL NOTES:
ANNEXATION DESCRIPTION:
That portion of the West Half of Section I, ln..nnhip 6 North, Range 66 West of the 6th P.M.,
Town of Eaten, County of Weld, Shoe of Colorado. being more premiculcrly described as follows:
Coaeidering the North line of the Northwest Guartar of said Section 1 as bearing South
89'16'30' West end with oil bearings no -Mooed ?wain relative thereto;
Beginning at the Southwest Corner of said Section 1: thence along the South line of said
Section f South 89-46706- Ertel IC65.0f feel; thence departing said South hne ytorlh 00'12'17'
west 10.00 feel to o point on (kg kgrlh rigrll of won' 9i WL'I2 County Road 72. sold pains
lad;nq eh fern Eestany top hank al the Graham Seepage end Dra.nCe a Canal and the +RUE
POIN1 Of' BEGINNING; themes doponl',Ig Cep Ncrlt right 9i way 41 Weld Cvunly Pond 72 and
along the Easterly and Northerly cep book of Sold Graham Seepage and Droiaoge Cr7nol the
iolgaw;nq e.'ghl {8) celrnsts 002 di.lcnces; hence North 00'12'17' West 860.04 reel: thence
North 13'31'02' West 100,64 tart, thence North 26-16.23" West 822.46 reel: thence North
39'33'17• West 709.37 feel: ihnnce North 05'51'49' Wool 478.10 feet; thence North 26'29'17'
West 162.70 feel; thereto North 57'01'29' Wool 405.92 feet to a point on the Eost right of
way of Weld Goody R9pd 35; thence deporting sold Easterly and Northerly top of bank and
along said East right of way South 05'14'06" East 55.93 feet to o peat on the North line of
Lot A of Recorded Exempllen No. RE -1405, thence deporting said East right of way and along
I6r Nnreheely, tO9trHy and 5errtharly I+nea of Bait 1001 A IAn tellaoin9 four (4) courses and
crObeacee: Lhenca south ;15'31'36' Fool 340,80 lent; thence South 27'3.9'34' Feel 167.14 teal;
thence South D7'46'3S' East 145.53 feet; thence Norle 59"13'10' Weer 431.17 foal to a paint
an the Eadl right of way or Wolff County Rood 55, thence along 5O;d [dot .;9h( of Troy Scroll
05`14'06' Cast 515.14 feat and ogonn South 05'2905' East 299.03 Peel; thence deporting snits
East dgM of way South 04'30'54' West 60.00 feel to e point of Ito wear noel of Troy Of
Couate Road 32: Pinned eleng sac, west r.ghi of eng Sault .]5'29'176' Easl 440,00 lest.
thence deporting said West right of way North 84'30'54" East 60.00 feet to a point an the
fest right of Troy of (aunty Road 35; thence thong said COSI right of COy Savllr 9525'06'
East 198.1.86 feat to a point so the d onis right el way at Weld County Rand 72; lhcnco along
sold Nerlh right of soy South 60'40'05- Loet 1057.53 Taal, memo or less. to u peat: on the
Easterly top honk of the t;rehem Seepage pod Drainpge Tana) end the .11.E PC1N1 Cf
BEGINNING
Said parcel contains 51.30 atlas, more or less. and is subject to all existing easements
and/or rights of way of record.
SURVEYOR'S CERTIFICATE:
I, Steven John Stance], o Registered Professional Land Surveyor in the State of Colorado, do
hereby state to: Leffler Investments, LLC., that this mop of land proposed to be annexed to
the Town of Eaton, County of Weld, State of Colorado, was prepared under my personal
supervision, from en actual edueldory survey, and that the some is true and correct to the
best of my knowledge, Infarmohnn, belief. and in my professional opinion.
I further atote that not lose than one —sixth of the perimeter of the area proposed to be
annexed is contiguous to the boundary line of the Town of Eaton, County of Weld, State of
Colo rent
FOR AND ON BEHALF OF:
INTERMILL LAND SURVEYING, INC.
1301 N, Cleveland Ace.
Loveland, CO 60537
970-669-0516
Steven John Stencel
Colo_ LS 30462
Dote:
8oe,s ref Bearings: The North line of the Northwest Gamier of Section 1.
Tohnnhp 6 *nth, Range 65 West as monumrnled by thin survey fs asOurned
to boor South 89'16'32' West. manamentslmn 41 uflAl hem Op nine.,? hnrean
2 Entire subject property is located within the limits of FEMA FIRM Penal No.
08123C1236E, Zone 'X' (areas determined to be outside the 0 2% annual
chance floodplain)
3 This Annexation Plot was prepared without the benefit of a Title Commitment
No further aosemant and/or dghl nl coy research. other than may be shown
on this mop. woe requested by the silent or performed by lorerrnill Land
Surveying, Inc tar the praparoliom of Ohio survey. The ensemenls and
rigbls"of—ways +Niel. muy 5a ,down hereon mop not be complete. ore based
an 9005464 ,niormelian, peal are 1e No coed only ra thin content.
4. Assorting let Colorado low yep rr -,J cunnaence any legal oGLtan hoard ap,an
any det:ci ;n 111;5 su,5Sy within three vanes oiler yyn tiryl discover such dainet.
in no avenl, allay only O41:o5 bonne upon any defect ,n lbw. ',Nay yo
kprrmerleed moro- than Len year; 'icon fie doily pf Ilan carl,ficnticen ahc.,n
herran.
Tra: LEFFLER FOURTH ANNEXATION
A PORTONJ OF THE WEST WOLF OF SECTL]N 1. TONLTISHP E NORTH. RNIOE EE WEST
OF THE arm PM, COLMT OF Wm. STATE OP COLOMADO
DRAWN 001 5,4
CHECKED EFT:
APPROVED Er:
DATE: 7-24-2017 1
SCALE: 1- - 200' F
PROJECT NO.:
P-99.4265
SHEET
1
OF
LS 23591
1
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