HomeMy WebLinkAbout20141674.tiff 223 1st Street
EATON CO 80615
970.454.3338
ATO N Fax: 970.454.3339
www.eatonco.org
COLORADO
Incorporated 1892
RECEIVED
JUN 0 2 2014
WELD COUNTY
COMMISSIONERS
Union Pacific Railroad Annexation Impact Report
The Town of Eaton has requested and the Union Pacific Railroad has agreed to annex to
the Town 24.86 acres of railroad right-of-way. This annexation will also bring a portion of
Highway 85 into the Town's jurisdiction which will avoid any future confusion regarding law
enforcement efforts in that area.
No Additional development is planned in this area and will include the industrial and
commercial uses already in place.
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TOWN OF EATON, COLORADO
RESOLUTION NO. 2014-07
SETTING A HEARING DATE FOR
UNION PACIFIC RAILROAD COMPANY'S
PETITION FOR ANNEXATION
WHEREAS,Union Pacific Railroad Company has 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 described on Exhibit A, which is attached hereto and incorporated herein by this
reference, filed with the Town Clerk on April 15, 2014,to be known as the"Union Pacific Railroad
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 June 19,
2014, at 7:00 p.m., at 223 Et Street, Eaton, Colorado, and directs the Town Clerk to publish and
provide notice as required by law.
Section 2. This Resolution shall be effective on April 21, 2014.
PASSED,ADOPTED, AND APPROVED at a regular meeting of the Town Board of the
Town of Eaton on this 17th day of April, 2014.
TOWN OF EATON, COLORADO
ATTEST: By: - - �� __
By: E:����[y/,,( //�J� �!J{�� Eq�, ayor Scott E. Moser
li iciV`�K! O QQQPPT E. q;;NO
Erika C. Bagley, To Cl k z Pc%
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EXHIBIT A
PROPERTY DESCRIPTION
A parcel of land located in the Southwest Quarter (SW' ) of Section Thirty-one (31), Township
Seven North (T.7N.), Range Sixty-five West (R.65W.) of the Sixth Principal Meridian (6"' P.M.),
County of Weld, State of Colorado, and being more particularly described as follows:
COMMENCING at the South Quarter (S''A) Corner of said Section 31, and assuming the South
line of the Southwest Quarter (S W'/) of said Section 31, as monumented by a #6 rebar with a
3.25" diameter aluminum cap stamped "LS23501" on the East end and bearing North 88'57'56"
West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North
American Datum1983/2007, a distance of 2605.64 feet, with all other bearings contained herein
relative thereto:
THENCE North 88'57'56" West along the South line of the Southwest Quarter of said Section
31 a distance of 493.56 feet to the Westerly line of the Sugar Mill Annexation II recorded
February 15, 1994 as Reception No. 02373926 of the Records of Weld County and to the POINT
OF BEGINNING;
THENCE North 88'57'56" West continuing along the South line of the Southwest Quarter of
said Section 31 a distance of 432.84 feet to the Westerly Right of Way line of the Union Pacific
Railroad Company, said Westerly Right-of-Way line being Two Hundred (200) feet, as measured
a right angle, Westerly of and parallel with the main track of said Union Pacific Railroad
Company,
THENCE North 16'49'03" West along said Westerly Right-of-Way line a distance 2682.21 feet
to the Northerly Right-of-Way line of 5`h Street;
THENCE North 89'31'41" East along the Northerly Right-of-Way line of 5th Street a distance of
416.85 feet to the Easterly Right of Way line of the Union Pacific Railroad Company, said
Easterly Right-of-Way line being Two Hundred (200) feet, as measured at a right angle, Easterly
of and parallel with the main track of said Union Pacific Railroad Company;
THENCE South 16'49'03" East along said Easterly Right of Way line a distance of 2054.39 feet
to the Southwesterly corner of the Sugar Mill Annexation recorded February 12, 1993 as
Reception No. 02321733 of the Records of Weld County;
THENCE North 73'10'57" East along the Southerly line of said Sugar Mill Annexation a
distance of 12.00 feet to the Westerly line of the Sugar Mill Annexation II recorded February 15,
1994 as Reception No. 02373926 of the Records of Weld County, said Westerly line being
parallel with and 12.00 feet Easterly of, as measured at a right angle to the Easterly Right of Way
line of the Union Pacific Railroad Company;
THENCE South 16'49'03" East along the Westerly line of said Sugar Mill Annexation II a
distance of 643.21 feet to the POINT OF BEGINNING,
Said parcel contains 24.860 acre, more or less.
PETITION FOR ANNEXATION
TO THE TOWN OF EATON, COLORADO
The undersigned Petitioner, Union Pacific Railroad Company, a Delaware corporation, in
accordance with Article 12, Chapter 31, C.R.S., as amended, hereby petitions the Town Board of
the Town of Eaton, Colorado, for annexation to the Town of Eaton, Colorado, the following
unincorporated territory located in Weld County, Colorado, and more particularly described in
Exhibit A, attached hereto and incorporated herein by this reference. In support of said Petition
for Annexation, the undersigned submits the attached annexation roan, and states and alleges as
follows:
1. It is desirable and necessary that the following described territory be annexed to
the Town of Eaton, Colorado.
See Exhibit "A"attached hereto and made a part hereof.
2. The requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met as
follows:
a. Not less than one-sixth (1/6) of the perimeter of that area proposed to be
annexed is contiguous with the Town of Eaton, Colorado.
b. A community of interest exists between the territory proposed to be annexed
and the Town of Eaton, Colorado.
c. The territory proposed to be annexed is urban or will be urbanized in the near
future.
d. The territory proposed to be annexed is integrated or is capable of being
integrated with the Town of Eaton, Colorado.
e. In establishing the boundaries of the area proposed to be annexed, 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, will be
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.
f. In establishing the boundaries of the area proposed to be annexed, 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, comprising
twenty (20) acres or more and which, together with the building and
improvements situated thereon, has an assessed value in excess of two
hundred thousand dollars (5200,000.00) for ad valorem tax purposes for the
year next preceding the annexation, will be annexed without the written
consent of the landowner or landowners.
g. The territory to be annexed is not presently a part of any incorporated city,
city and county, or town, nor have any annexation proceedings been
commenced for the annexation of part or all of such property to another
municipality.
h. The proposed annexation will not result in the detachment of real property
from any school district and the attachment of the same to another school
district.
i. 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.
3. The undersigned is the owner of one hundred percent (100%) of the real property
proposed to be annexed, and hereby consents to the establishment of the boundaries of this
property as shown on Exhibit A.
4. No election for annexation to the Town of Eaton, Colorado, has been initiated for
the real property to be annexed within the preceding twelve (12) months.
5. Because the area proposed to be annexed comprises more than ten (10) acres, an
impact report as provided in Section 31-12-108.5, C.R.S., as amended, is required.
6. Accompanying this Petition are four (4) copies of an 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
at the time of the effectiveness of the annexation (as opposed to after such
effectiveness), 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.
7. The mailing address of the Petitioner is as follows:
Union Pacific Railroad Company
1400 W. 52nd Avenue
Denver, 80221
8. The legal description of the land owned by the Petitioner and the date of signing
are all on this Petition and the exhibits attached hereto.
9. The undersigned signatory represents and warrants that he has complete and
unrestricted authority to execute this Petition on behalf of the Union Pacific Railroad Company,
a Delaware corporation. ,gyp, day EXECUTED this day of ' pal I , 2014.
(UNION PACIFIC RAILROAD C MPA Y,
a Delaware corpor lion
By:
Monty M. hatley
General Superintendant
Denver Service Unit
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER
SUBSCRIBED AND SWORN to before me this 1ieL day of fl I
2014, by Monty M. Whatley, General Superintendant of the Denver Service Unit of Union
Pacific Railroad Company, a Delaware corporation.
WITNESS my hand and official seal.
otary Pub1iF/
My commission expires:
3-a&-WW2. SHARON FORSTER RUSSELL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19904004390
MY COMMISSION EXPIRES MARCH 26, 2018
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and
says:
That he/she was the circulator of the foregoing Petition for Annexation of the lands to the
Town of Eaton, Colorado, and that the signature thereon was witnessed by your affiant and is the
true signature of the person whose name it purports to be.
Circulator
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER
The fore oing Affidavit of Circulator was subscr�ibnedA and swo�rnf }to before me this ligl l_-
day of rtP , 2014, by . ,(ft 14 • jP lJT7 r
WITNESS my hand and official seal.
otary Pu tc
My commission expires:
3-ko -Rol? SHARON FORSTER RUSSELL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19904004390
MY COMMISSION EXPIRES MARCH 26,2018
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