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July 25, 2017
RE: Bornhoff Annexation and Zoning
To Whom It May Concern:
Per C.R.S. 31-12-108(2), the purpose of this letter is to provide a copy of the published notice,
together with a copy of the resolution, and petition for annexation, as filed, to the Board of County
Commissioners, the County Attorney, and any Special Districts within the proposed area to be
annexed.
RECEIVED
JUL 282017
WELD COUNTY
COMMISSIONERS
Within this packet you will find the following items:
• Petition for Annexation
• Resolution Finding Petition for Annexation to be in Substantial Compliance
• Public Notice Published in the Greeley Tribune
• Annexation Maps
• Vicinity Map
If you have any questions, you may either contact Nicholas J. Wharton, Assistant Town
Administrator, at (970) 686-1218 or by email at nwharton@townofseverance.orq, or Mitch Nelson at
mnelson@townofseverance.orq.
Cordially,
TOWN OF SEVERANCE
Betty Mauch
Title: Town Clerk
Publ;C Rtv;eJ
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3 S. Timber Ridge Parkway, Severance, Co
970.686.1218
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BORNHOFT ANNEXATION
PETITION FOR ANNEXATION
BORNHOFT ANNEXATION
TO THE BOARD OF TRUSTEES OF THE TOWN OF SEVERANCE, COLORADO:
The undersigned (the "Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set
forth in Article 12, Title 31, Colorado Revised Statues, as amended and as in effect on the submission
date set forth below ("Annexation Act"), hereby petition ("Petition") the Board of Trustees of the Town
of Severance, Colorado ("Town Board"), to annex to the Town of Severance ("Town") the
unincorporated territory located in the County of Weld, State of Colorado, Which property is more
particularly described in Exhibit A attached hereto and incorporated herein by reference ("Property"). In
support of this Petition, Petitioner alleges that:
1. It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met.
3. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the Town's current
municipal boundaries.
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. Petitioner comprises more than fifty percent (50%) of the landowners in the Property owning more
than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the
annexing municipality, and Petitioner hereby consents to the establishment of the boundaries of the
Property as shown on the annexation plat submitted herewith.
8. The Property is not presently a part of any incorporated city, city and county, or town; nor have any
proceedings been commenced for incorporation or annexation of an area that is part or all of the
Property; nor has any election for annexation of the Property or substantially the same territory to the
Town been held within the twelve (12) months immediately preceding the filing of this Petition.
9. The proposed annexation will not result in detachment of area from any school district or attachment
of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the Property held in identical
ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed
annexation will not extend the municipal boundary of the Town more than three (3)miles in any
direction from any point of the current municipal boundary.
11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner
of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by
the Town but is not bounded on both sides by the Town.
12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether
consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real
estate:
a. is being 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; or
b. comprising twenty (20) acres or more and together with buildings and improvements situate
thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes
for the year next preceding the proposed annexation, is included in the Property without the
written consent of the landowner or landowners.
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within
the Property.
14. The legal description of the land owned by Petitioner is set forth on Exhibit B, attached hereto and
incorporated herein by this reference.
15. The affidavit of the circulator of this Petition certifying that the signature on this Petition is the
signature of the person whose name it purports to be and certifying the accuracy of the date of such
signature is attached hereto as Exhibit C and is incorporated herein by this reference.
16. This Petition is accompanied by four prints of an annexation map containing, among other things,
the following information:
a. A written legal description of the boundaries of the Property;
b. A map showing the boundary of the Property;
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; and
d. Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing
municipality abutting the Property.
17. In connection with the processing of this Petition, Petitioner requests that the Town:
a. Institute zoning and subdivision approval processes for the Property in accordance with
Section -115 of the Annexation Act and Chapter 16 of the Municipal Code of the Town; and
b. Approve and execute an annexation and development agreement ("Annexation and
Development Agreement") which establishes vested property rights for the Property for an
agreed upon term greater than three years pursuant to Article 68, Title 24, Colorado Revised
Statutes, and otherwise establishes the development plan for the Property.
18. Petitioner has filed this Petition subject to the following conditions:
a. Concurrently with its approval of annexation of the Property, the Town Board: (i) approves
for those portions of the Property which are not public right-of-way, zoning and subdivision
which is substantially consistent with the applications for zoning and subdivision which
Petitioner submits in connection with this Petition; and (ii) approves and authorizes execution of
the Annexation and Development Agreement.
b. Petitioner hereby reserves the sole, exclusive and unilateral right to withdraw this Petition by
so notifying the Town Clerk in writing at any point prior to the later to occur of: (i) forty (40)
days after the latest effective date of the final ordinance(s) approving annexation of the
Property, the Annexation and Development Agreement, or zoning of the Property as requested
pursuant to this Petition; or (ii) any later date contemplated in such Annexation and
Development Agreement.
c. Prior to expiration of the period described in the foregoing subparagraph (b) without
Petitioner having withdrawn the Petition, neither Petitioner nor the Town shall cause or permit
the occurrence of the conditions to effectiveness of the annexation as set forth in Section -
113(2)(b) of the Annexation Act.
It is expressly understood that the term Petitioner, as used in this Petition, means the then current
owner of the Property and specifically, all applicable rights of Petitioner set forth in this Section 17 and
Section 18 shall only be available to the then current owner of the Property as applicable.
19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in
this Petition and to be set forth in the Annexation and Development Agreement, the Property shall
become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set
forth in the Annexation and Development Agreement, and except for general property taxes of the
Town, which shall become effective on January 1 of the next succeeding year following adoption of the
annexation ordinance.
20. Except for the terms and conditions of this Petition and of the Annexation and Development
Agreement, which terms and conditions Petitioner expressly approves and therefore do not constitute
an imposition of additional terms and conditions within the meaning of Section -107 (l)(g) of the
Annexation Act, Petitioner requests that no additional terms and conditions be imposed upon
annexation of the Property to the Town.
THEREFORE, Petitioner requests that the Board of the Town of Severance, Colorado, complete and
approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of
1965, as amended.
Respectfully submitted this _ day of
Signature of Landowner/Petitioner:
James P. Bornhoft & Annette Bornhoft
Name: �tc r � 4406
Title: ithtGet —t—
Signature: , �G
Date: '7 - t S -11
Name:
Title: _
Signature:
Date:
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Lancf Owncr
opu(A/fvf
Mailing Address: PO Box 427, Windsor, CO 80550
Resident of the Property? YES
STATE OF COLORADO
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this .25 day of 'Sc:_L&/ , ?.o/?, by an
Owner, James P. Bornhoft and Annette Bornhoft.
Witness my hand and official seal
ifikeldr.Z.
Notaryublic
Commission
Expires: /My 161 Oa,/
BETTY MAUCH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20054019759
MY COMMISSION EXPIRES MAY 16, 2021
Exhibit A
TO PETITION FOR ANNEXATION
Preliminary Legal Description of Property
A portion of Lot A, Recorded Exemption No. 0807-01-3-RE2475, recorded July 8, 1999 as Reception No. 2705038 of
the Records of Weld County, situate within the Southwest Quarter (SW1/4) of Section One (1), Township Six North
(T.6N.), Range Sixty-seven West (R.67W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado,
more particularly described as follows:
COMMENCING at the Southwest Corner of said Section 1 and assuming the West line of the Southwest Quarter
(SW/4) of said Section 1 as bearing North 00°16'26" West, being an assumed bearing, a distance of 2583.02 feet
with all bearings contained herein relative thereto;
THENCE North 89°49'30" East along the South line of the Southwest Quarter of said Section 1 a distance of
1583.65 feet to the Southwest corner of said Lot A of RE2475;
THENCE North 00°10'28" West along the Westerly line of Lot A a distance of 30.00 feet to the Northerly Right of
Way line of Weld County Road 72, a Northerly line of Kegerreis Fourth Annexation, recorded March 28, 2000 as
Reception No. 2758175 of the Records of Weld County, and to the POINT OF BEGINNING;
THENCE North 00°10'28" West continuing along said Westerly line a distance of 20.00 feet to the Northeast corner
of that Right of Way dedicated in the Park Ridge Felte Subdivision First Filing recorded September 8, 2004 as
Reception No. 3216856 of the Records of Weld County;
THENCE North 00°10'28" West along an Easterly line of Park Ridge Annexation, recorded December 28, 2000 as
Reception No. 2815916 of the Records of Weld County a distance of 785.09 feet to the Northwest Corner of Lot A,
RE2475;
THENCE South 89°31'11" East along the most Easterly Southerly line of said Park Ridge Annexation a distance of
356.40 feet to the Northeast Corner of said Lot A;
The following Three (3) courses are along Westerly lines of the Tailholt East Annexation recorded
September 23, 2016 as Reception No. 4239234 of the Records of Weld County.
THENCE South 24°08'34" West a distance of 12.09 feet;
THENCE South 38°18'04" West a distance of 54.08 feet;
THENCE South 08°51'34" West a distance of 757.06 feet to the Northerly Right of Way line of Weld County Road 72
and to the Northerly line of the Kegerreis Fourth Annexation;
THENCE South 89°49'30" West along said Northerly line a distance of 198.89 feet to the POINT OF BEGINNING.
Said described parcel of land contains a total of 211,925 sq. ft. or 4.865 acres, more or less
SURVEYOR'S CERTIFICATE
I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description
was prepared under my personal supervision and checking, and that it is true and correct to the best of my
knowledge and belief.
Steven A. Lund — on behalf of Northern Engineering.
Colorado Registered Professional
Land Surveyor #34995
NORTHERN ENGINEERING
820 8TH Street
Greeley, Colorado 80631
(970) 488-1113
Exhibit B
LEGAL DESCRIPTION OF PROPERTY OWNED BY PETITIONER
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WARRANTY DEED
THIS DEED, Made this 21x1 day of Jell% 1759 kcttseen
Lauren J. Fete
of the County of Weld and
State of Colorado, grantor. and
Jones P. eienhc•ft end /culotte i3orthnft
w:-:eoe legal addreen is 331725 Ih.y eel, Windsor, Colorado DOeSO
of the County of Iola and State of Colorado, grantees:
W1TN8S3 that the grantor for and in consideration of the sum of SIXTY THOUSAND AND
OO/16O, ieee,004,0o1 hollers, the receipt and sufficiency of which is hereby
acknowledged. bee granted, bargained, sold and conveyed,
their heirs 6i0ataoee
ne
grant, bargain, cell, convey and confirm unto the grantees. forever. not in to ency in common hut en JOINT TENANCY, all real property. together
with inprovemeatn, if any, situate, lying and being in the Cc:.:nty of Weld and State
of Colorado, described as, follow.:
Lot A of Rct-oadcd Exeeptinn No, OeO1-O1-3-RE2.175. recetdud July 0, 1179 as lieceptien
No. ^705438, being a part of the s„etof SectiOflCele-redI, Towoehip c North. Range 67' Went
of the Sth P.M. . f auneyrf`c of
olsu known by etrcee and number as 11119 Weld County Road 072, Windsor, cal•orado e1154
Tonal= with all and singular the heredit..aaente end appurtenances thereunto
belanging,.or in anywise appertaining and the reversion and reversions, remainder and
remaindere, route. issues and prafite thereof. and all the estate. right. title,
interest, claim 4nd deaee4 whataeever of the grantor. either in law or equity, of. in
and to the above bargained prenisee. with the hercditamente and appurtenances.
TO RAVE AND TO raln the acid peemieea above bargained and described. with the
appurtenances, unto the geanteee. their heir; and a&Signs forever. And the grantor.
fox himself, his hair;- and personal representatives, deep covenant, grant. bargain.
and agree to and with the grantees, their belts and aseigna, that at the time of the
epacaling and delivery of there presents, he is well seized of the premises above
conveyed, has good, aura. perfect. abaolute a.d indefeasible estate of inheritance, in
law, in fee dimple, and has gond right. full car and lawful authority to greet.
bargain, sell and convey the game in panzer and fora aforesaid, and that the cane .are:
free and cleat from all farmer and other granea. bargains. Salaa, liens, taxes,
acaeewacnta. encuabrences and reetrictiane of whatever kind or nature eoever, except
general taxes roe lees and subsequent ytara; except easements, reettiCt?nns.
covenants, rcoryditions. reac_vaeir, s ,and rig.`....: of way of tecord, if any;
en.
The granter shall and will WARRANT AND FOREVER DEPEND the ebova•bargaiaAd preaicMa
in the quiet and peaceable poemessioa of the erenteea, their heirs and assigns,
acainat all and every person or persona lawfully claiming the whole Cr any part
thereof »
The singular number chalk include the plural. the plural the oinggular, and the use
of any gender shall he a,plicable to all genders.
IN WITNESS WyrREce the grantor has executed thin deed en the data cot foetb above.
4'Laoron J. Folic
STATE OF Ceh RAE:O
County of lipid
by Leu_etl , Telte
I DAHLIA L.
i ¢L0CH e,
No. 921.J cfitiay. 3-St,./44,,.
? es. The foeeeoino insttueenu uaa acknowledged befr,•rc
me thin 21,t Jay of July, ieee
Wit :e
My CO
4 'say heed and officinl teal,
aiksion expires ,lovftrb. - 1,)5,-'21101
NOTARY Pl1s?•LIC
12/e Main .5t.
Windsor, COLO AI3 8E155O
Exhibit C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
says:
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
That (s) he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Severance, Colorado, consisting of pages, excluding the pages(s) of this Exhibit C,
and that the signatures of the petitioners thereon were witnessed by the circulator and are the
true and original signatures of the persons whose names they purport to be, and that the dates
of such signatures are correct.
Circulator:
STATE OF COLORADO
ss.
COUNTY OF
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this
day of . by
Witness my hand and official seal.
Notary Public
Commission
Expires:
TOWN OF SEVERANCE
RESOLUTION NO. 2017-19R
A RESOLUTION FINDING PETITION FOR ANNEXATION SUBMITTED BY
BORNHOFT TO BE IN SUBSTANTIAL COMPLIANCE WITH COLORADO
REVISED STATUTES 31-12-107 AND SETTING A HEARING PURSUANT TO
COLORADO REVISED STATUTE
31-12-108
WHEREAS a written petition was filed with the Town Clerk requesting the annexation of certain
property to be known as Bornhoft Annexation; and
WHEREAS the Board of Trustees for the Town of Severance desires to initiate annexation
proceedings in accordance with law;
IT IS THEREFORE RESOLVED by the Board of Trustees of the Town of Severance Colorado,
this 17th day of July, 2017, as follows:
1. That the Board hereby accepts the annexation petition for the Bornhoft Annexation, more
particularly described in Exhibit A.
2. That the Board hereby finds and determines that the annexation petition and
accompanying map contains all allegations required for such a petition under the Municipal Annexation
Act of 1965, which is referred to herein as the "Act", and that if such allegations are determined to be
well founded, such property would be eligible for annexation to the Town of Severance.
3. That the Notice attached as Exhibit B be adopted as a part of this Resolution. Said Notice
establishes the date, time, and place when a public hearing will be held to determine if the proposed
annexation complies with Section 30 of article II of the Colorado Constitution and Sections 31-12-104
and 31-12-105 of the Colorado Revised Statutes or such provisions thereof as may be required to
establish eligibility under the terms of the Act. The Town Clerk is directed to publish a copy of this
Resolution and said Notice as provided in the Act.
DULY PASSED by the Board of Trustees this 17th day of July, 2017.
TOWN OF SEVERANCE
Donald R. Brookshire, Mayor
ATTEST:
Betty Mauch, Town Clerk
EXHIBIT A
A portion of Lot A, Recorded Exemption No. 0807-01-3-RE2475, recorded July 8, 1999 as Reception No. 2705038
of the Records of Weld County, situate within the Southwest Quarter (SW 1/4) of Section One (1), Township Six
North (T.6N.), Range Sixty-seven West (R.67W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of
Colorado, more particularly described as follows:
COMMENCING at the Southwest Corner of said Section 1 and assuming the West line of the Southwest Quarter
(SW/4) of said Section 1 as bearing North 00°16'26" West, being an assumed bearing, a distance of 2583.02 feet
with all bearings contained herein relative thereto;
THENCE North 89°49'30" East along the South line of the Southwest Quarter of said Section 1 a distance of
1583.65 feet to the Southwest corner of said Lot A of RE2475;
THENCE North 00°10'28" West along the Westerly line of Lot A a distance of 30.00 feet to the Northerly Right of
Way line of Weld County Road 72, a Northerly line of Kegerreis Fourth Annexation, recorded March 28, 2000 as
Reception No. 2758175 of the Records of Weld County, and to the POINT OF BEGINNING;
THENCE North 00°10'28" West continuing along said Westerly line a distance of 20.00 feet to the Northeast corner
of that Right of Way dedicated in the Park Ridge Felte Subdivision First Filing recorded September 8, 2004 as
Reception No. 3216856 of the Records of Weld County;
THENCE North 00°1028" West along an Easterly line of Park Ridge Annexation, recorded December 28, 2000 as
Reception No. 2815916 of the Records of Weld County a distance of 785.09 feet to the Northwest Corner of Lot A,
RE2475;
THENCE South 89°31'11" East along the most Easterly Southerly line of said Park Ridge Annexation a distance of
356.40 feet to the Northeast Corner of said Lot A;
The following Three (3) courses are along Westerly lines of the Tailholt East Annexation recorded
September 23, 2016 as Reception No. 4239234 of the Records of Weld County.
THENCE South 24°08'34" West a distance of 12.09 feet;
THENCE South 38°18'04" West a distance of 54.08 feet;
THENCE South 08°51'34" West a distance of 757.06 feet to the Northerly Right of Way line of Weld County Road
72 and to the Northerly line of the Kegerreis Fourth Annexation;
THENCE South 89°49'30" West along said Northerly line a distance of 198.89 feet to the POINT OF
BEGINNING.
Said described parcel of land contains a total of 211,925 sq. ft. or 4.865 acres, more or less
EXHIBIT B
TOWN OF SEVERANCE, COLORADO
NOTICE OF PUBLIC HEARINGS FOR A PROJECT
Bornhoft Annexation & Zoning
PUBLIC NOTICE IS HEREBY GIVEN of a public hearing before the Severance Planning Commission
on August 16, 2017 and the Board of Trustees on August 21, 2017 at the following time and place:
6:00 P.M.
Severance Administration Building
3 S. Timber Ridge Parkway
Severance, Colorado
This hearing is for the purpose of taking applicant testimony and public comment on a proposed
annexation and zoning to sub -urban Perimeter regarding the property described in Exhibit A, and for
determining the eligibility of such property for annexation to the Town and the advisability of such an
annexation, all as governed by the Severance Land Use Code.
GIVEN AND POSTED this 22nd day of July, 2017
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