HomeMy WebLinkAbout20140415.tiff sold TOWN OF HUDSON
557 ASH STREET, P.O. BOX 351, HUDSON, CO 80642-0351
Phone: (303) 536-9311 FAX: (303) 536-4753
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www.hudsoncolorado.orq
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February 7, 2014 RECEIVED
FEB 1 1 2014
Weld County Board of County Commissioners WELD COUNTY
Weld County Attorney COMMISSIONERS
4.
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 SENT VIA CERTIFIED MAIL
Re: Notice of Western Sugar Annexation Public Hearing, Case 14-01 AZ
Enclosed for your information are copies of the Annexation Petition, Resolution of Substantial Compliance,
and the legal notice concerning the proposed Western Sugar Annexation consisting of 5.92 acres as
illustrated on the enclosed map.
A public hearing on the annexation and zoning of this property will be held before the Town of Hudson
Board of Trustees at the above address on Wednesday, March 19, 2014 at 7:00 pm.
Please contact Town Administrator Joe Racine or me if you have any questions or comments regarding this
matter.
Sincerely,
Roy Fronezyk
Town Planner
rfronczyk@msn.com
Enclosures
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'(it.RLI ?vJ G1s / cam, GM 2014-0415
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO
RE: PROPERTY KNOWN AS THE r entiC 414
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 seg.,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.
1
�——.'
Circulator
STATE OF COLORADO )
COUNTY OF UJ2.1d ≥ss.
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
day of tiot. , 1-99'9", by,Ata, fa-at-Lk .
My Commission expires:Cft.#.4c a7 Ne/.5
[S E A L) tary Public
MOA.McGill
Notary Pubhc
Stare Of Colorado
Notary ID 19954011650
MY Cammissiou Ex ires July 27,2015
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EXHIBIT A,LEGAL DESCRIPTION
A PARCEL OF LAND IN THE NORTHWEST '''A OF SECTION I I,TOWNSHIP 1 NORTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE
OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
LOT A OF RECORDED EXEMTION NO. 1473-11-2-RE-1844,ACCORDING TO THE PLAT
RECORDED JULY 29, 1996 UNDER RECEPTION NO.2503247.
CONTAINS 5.923 ACRES MORE OR LESS,AND IS SUBJECT TO ALL EXISTING
EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD.
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NOTICE OF PUBLIC HEARINGS
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the Board of Trustees of the Town of Hudson has
adopted a Resolution initiating annexation proceedings for the Western Sugar Property,
said Annexation being more particularly described in said Resolution, a copy of which
follows this Notice.
That, on March 19, 2014 at the hour of 7:00 p.m., or as soon thereafter as the
matter may come on for hearing in the Town Hall of the Town of Hudson, 557 Ash
Street, Hudson, Colorado, 80642, the Board of Trustees will hold a public hearing upon
the annexation petition for the purpose of finding and determining whether the property
proposed to be annexed meets the applicable requirements of Colorado law and
specifically Colo. Rev. Stat. §§ 31-12-104 and 105, and is considered eligible for
annexation. At such hearing, any persons may appear and present such evidence as they
may desire.
Notice is also hereby given that the Town of Hudson Planning Commission and Board of
Trustees shall hold public hearings concerning the zoning of property that will be
annexed into the Town as part of the Western Sugar Property Annexation, which is
specifically described in Exhibit A, and generally located between southwest corner of
Sunrise Acres Street and Highway 52, pursuant to the Town of Hudson Municipal Code.
The public hearings are to be held as follows:
Planning Commission: Wednesday March 12, 2014
Board of Trustees: Wednesday March 19, 2014
Both hearings will be held at the Hudson Town Hall, 557 Ash Street, Hudson, Colorado
at 7:00 p.m. or as soon as possible thereafter, or at such other time or place in the event
this hearing is adjourned. Further information is available through the Town Clerk's
office at 303-536-9311 .
All interested persons may attend.
DATED this 22th day of January, 2014.
Joseph A. Racine, Town Administrator
Publish four times in the Greeley Tribune:
February 10, 2014
February 17, 2014
February 24, 2014
March 3. 2014
RESOLUTION NO.
14-03
TITLE: A RESOLUTION ACCEPTING THE PETITION FOR
ANNEXATION AND ESTABLISHING MARCH 19, 2014 AS THE
DATE OF PUBLIC HEARING ON THE REQUESTED
ANNEXATION OF A PARCEL OF UNINCORPORATED
TERRITORY LOCATED IN THE COUNTY OF WELD
(WESTERN SUGAR ANNEXATION)
WHEREAS, the owner of unincorporated territory, comprising more than fifty percent
(50%) of the area proposed for annexation pursuant to C;R.S. § 31-12-107, has filed a petition
for annexation (the "Petition") of a certain unincorporated property to the Town, which territory
is more particularly described in Exhibit A attached to the Petition; and
WHEREAS, C.R.S. § 31-12-108 requires that the Town accept the Petition and establish
a date, time and place that the Board of Trustees will hold a public hearing to consider the
annexation and the various requirements of Title 31, Article 12, C.R.S.; and
WHEREAS the Board of Trustees, at its regular meeting on January 15, 2014, reviewed
the Petition and various documents submitted in support of the Petition; and
WHEREAS, the Board of Trustees has examined the record in this case and the various
exhibits; has considered the request, the Comprehensive Plan, and the recommendations of the
staff; and based upon the record which has been made concerning the request, has arrived at its
decision; and
WHEREAS, it has been found and determined that the applicant has complied with all of
the procedural requirements as provided in Title 31, Article 12, C.R.S., in connection with the
Petition.
NOW THEREFORE BE IF RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF HUDSON, COLORADO, AS FOLLOWS:
Section 1. That the Petition is hereby accepted and found to be in substantial
compliance with the requirements of Title 31, Article 12, C.R.S.
Section 2. That a public hearing to consider the Petition is scheduled for March 19,
2014, at 7:00 p.m., at the Town of Hudson Town Hall, which is located at 557 Ash Street,
Hudson, Colorado, 80642, to determine if the proposed annexation complies with C.R.S. §§ 31-
12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the
terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of
1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended.
E�> 3 S '`;! . C.,mpli- :3!'_m S i P.'u;stlioli
Section 3. Any person living within the area proposed to be annexed, any landowner of
lands thereof, any resident of the municipality to which the area is proposed to be annexed, any
municipality located within one mile of the proposed annexation, or the Board of County
Commissioners of Weld County, may appear at such hearing and present evidence upon any
matter to be determined by the Board of Trustees.
INTRODUCED,READ and PASSED this 15th day of January,2014.
÷OF Hti
`sO2 TOWN OF HUDSON, COLORADO
C
O
SEAL
O Neal Pontius,Mayor
( STCO\O
Li nette Barker, Town Clerk
Rey 14-03 Substantial Compliance Western Sugar Annexation
Exhibit A
EXHIBIT A, LEGAL DESCRIPTION
Legal Description:
A PARCEL OF LAND 1N THE NORTHWEST 'A OF SECTION 11, TOWNSHIP 1
NORTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
WELD, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
LOT A OF RECORDED EXEMPTION NO. 1473-11-2-RE-1844, ACCORDING TO THE
PLAT RECORDED JULY 29, 1996 UNDER RECEPTION NO. 2503247..
CONTAINS: 5.923 ACRES MORE OR LESS, AND IS SUBJECT TO ALL EXISTING
EASEMENTS AND /OR RIGHTS-OF-WAY OF RECORD.
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Pes 14-03 Substantial Compliance Western Sagan Annexation
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