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Home My WebLink About20143151.tiff CITY OF EVANS,COLORADO RESOLUTION NO. 34-2014 • A RESOLUTION ESTABLISHING NOVEMBER 4, 2014 AS THE DATE TO REVIEW AN APPLICATION FOR ANNEXATION INTO THE CITY OF EVANS, KNOWN AS THE EVANS INDUSTRIAL PARK WHEREAS,the City of Evans has received a petition from Jack Bestall,representative of the property owner, for annexation into the City of Evans, and WHEREAS,pursuant to the Colorado Municipal Annexation Act of 1965,as amended,and the City of Evans Municipal Code a public hearing must be held to review the petition, and WHEREAS, the passing of this resolution will establish a date set neither less than thirty days nor more than sixty days for City Council to review an ordinance regarding said petition for annexation,and WHEREAS, the submitted application is found to be substantially complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS,COLORADO,that the City Council will hold a hearing on November 4,2014 to review a petition for annexation for compliance with Section 30 of Article II of the Colorado State Constitution,the Colorado Municipal Annexation Act of 1965,as amended,as well as Chapter 19.08 of the City of Evans Municipal Code. PASSED APPROVED, AND ADOPTED at a regular meeting of the City Council of the , City of Evans on this 16th day of Sept 014. ATTEST: °�G�•••' ••�L'�� CITY OF EVANS, COLORADO :• • '.�NS / SEA .L jy. • ,• Mayor 0 ,�' " ity Clerk '-, °., • RECEIVED OCT 14 AM WELD : .7, COMMISSioNtrs tR • ib)1C 11ev1 2014-3151 /©-ao -1 Cc:3v,emt?L,!?w,6.s, mfrs lO/i�l City of Or' Evans, Colorado !FTITION FOR ANNEXATION The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition for City Council of the City of Evans, Colorado, for annexation to the City of Evans the unincorporated territory more particularly described below, to be known as (name of annexation) Evans Ener Park — 3312 1st Avenue and in support of said Petition, petitioners allege that: 1) It is desirable and necessary that the following described territory be annexed to the City of Evans (attach legal description as well); 3312 1n Avenue - approximately 80 acres at the southeast corner of 1st Avenue and 31st Street consisting of vacant land, a 20 acre lake and three (3) oil wells. 2) Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Evans, Colorado; 3) A community of interest exists between the territory proposed to be annexed and the City of Evans, 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 City of Evans, Colorado; o 9 0 % of 10 6) The signatures of the Petition comprise one hundred percent ( ) the landowners of the territory to be included in the area proposed to be 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 to 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 separate 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 assesses value in excess of Two Hundred Thousand Dollars ($200,000) for ad 1 of 5 valorem tax purposes for the year proceeding 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 more than one year before this annexation will take place; 9) The area proposed to be annexed comprises (Check One): More than 10 acres and the Board of County Commissioners of Weld County has agreed to waive the requirement of an impact report as provided for in section 31-12-108.5, C.R.S., as amended. X More than 10 acres and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is required. 10 acres or fewer and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is not required. 10) The area proposed to be annexed is located within Weld County, and the following special districts: Water Districts - Northern Color do Water Conservan District Central olorado Water Conservancy District Central Colorado Water Conservancy Subdivision Reach B Sanitation District - None Fire District— Western Hills Fire District School District— Greele District 6 Recreation District - None Library District— Hi h Plains Libra Ambulance District— Evans Fire Department Jr. College District— Aims Junior College District Other 11) nd owaddress owned by each signed and the date of signing of description each signature areall shown on this Petition; 12) Accompany this Petition are four (4) prints of the annexation map containing the following information: a) A written legal description of the boundaries of the area proposed to be annexed; 2 of 5 b) A map showing the boundary of the area proposed to be annexed; 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 City of Evans, 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, which shall be covenan o running with the land, and which shall, at the option of the City, appear annexation map; 15) Petitioner represents that: a) Water rights shall be provided pursuant to City Ordinance; b) The owners shall participate in providing drainage plans and improvement and payment of a unit drainage fee as may be required by p the City for the area; c) The undersigned hereby waives any and all "vested rights" previously created pursuant to Section 24-68-103, CRS, as amended; X No part of the property to be an a County,is ,included wido; OR site specific development plan approved by A site specific development plan has been approved by Weld County, Colorado, which has created a vested right. 3 of 5 V d)The undersigned and the City 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; and 16) The petitioner understands he/she will be responsible for costs incurred by the City of Evans such as, but not limited to, advertising and recording fees, attorney fees, and other professional costs incurred by the city. Executed this / C- day of ' u` 20 /V. Property Owner Sgn re Property Owner re 1(J/tray �/Qftle4 srletier,,l V o\o eski c Aad j Property Owner Printed Name Property Owner Printed Name Po'26x /rev .579-9A4-, .%S,e Mailing Address Addness Mailing Address Lo - ,t', JIr G yState, Zrp City, Sate, Zip Email Address ✓ It Email Address cornea Phone Contact Phone The foregoing instrument was 4dmowledged before me this /516 day of li!/du r . A.D. 20 /q 1 , , ,,, 09�9f/C� Witness my hand and official seal. My mrttQJt. oei,, . o . 'y8' c�/ G Notary Public ! . -i f soma y `;c= 5` PUBLIC V'4��F COLO ��``/p/ 4 of 5 Hello