HomeMy WebLinkAbout780977.tiff w '
RESOLUTION
RE: APPROVAL OF AND AUTHORIZATION FOR CHAIRMAN TO SIGN THE
ANNEXATION PETITION TO KEENESBURG, COLORADO.
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, it has been determined by the Board of County
Commissioners that the Board of Trustees of the Town of Keenes-
burg, Colorado desires and deems it necessary to annex a portion of
the County into the Town of Keenesburg, Colorado, as more fully
set forth on the map, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, in order to accomplish said annexation, the
Board of Trustees of the Town of Keenesburg, Colorado needs a
signature from the Board of County Commissioners on the petition, and
WHEREAS, if the Board of County Commissioners joins in the
annexation, the Town of Keenesburg will accept one-half mile
of County Road 161/2 into its system by quit claim deed, and
WHEREAS, after careful consideration of all the details in-
volved, the Board of County Commissioners deems it advisable and
in the best interest of Weld County to authorize the Chairman of
the Board to sign the annexation petition.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the Petition for
Annexation to the Town of Keenesburg, Colorado, be, and hereby
is , authorized to be signed by the Chairman of said Board.
The above and foregoing Resolution was , on motion duly mad
and seconded, adopted by the following vote on the 15th day of
February, A.D. , 1978.
? BOARD OF COUNTY COMMISSIONERS
ATTEST: (.zw.'t-' ICAILmktAttra WELD COUNTY, COLORADO
Weld County Clerk and Recorder , j t _6;-CtA /
sand, Clerk to the/Bo d
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! Deputy County C erk ! 2; ��J,-2X>y72/-7
A OO ED AS TO FORM: V j e�w�e OA-HO'<77
County Attorney
780977
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`�/' iv" 2 Date Presented: February 27 , 1978
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2 The boundaries of the area proposed to be annexed are described as follows:
Li Beginnin- at a point 1320 feet east and 780.4 feet north of the center
W of sedtion 26, T2N, R64W of the 6th P M thence south 840.4 feet thence
n east 1293 feet thence north approxiamtely 1355 feet to the south boundary
of the Burlington-Northern Railrodd right of way thence southwest along
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1 said right of way approximately 1380 feet to the point of beginning.
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INSTRUCTIONS POR PETITION FOR
ANNEXATION TO ICEENESBURc,
COLORADO
No person shall petition to the Town of Keenesburg
for annexation of any real property until he has first read
and thereafter follows these instructions in the execution
of the within petition :
1. Every person signing the within annexation
petition must personally insert the infor-
mation required on Page 8 hereof.
2 . The person or persons who circulate the within
petition must witness the signatures of every
person signing this petition and so certify by
executing the affidavit attached on the last
page of this petition, excgpt when the signatory
lives outside the State of Colorado. (See Para-
graph 4 ) .
3. The following definitions- of terms shall be
applicable throughout this petition and every
subsequent step of the annexation proceeding
commenced pursuant to this petition:
a. Landowner : means the owner in fee of any
undivided interest in the surface estate of
a parcel of land which is included in the
area proposed for annexation. In the case
of multiple landowners, such as tenants in
common or joint tenants, only one such land-
owner need petition for annexation, and the
signature of one such landowner shall be
sufficient, provided, however, that said
signing landowner has become liable for
taxes in the last preceding calendar year
or is exempt by law from payment of taxes,
and provided further, that no other land-
owner of the same property objects to the
annexation of the said property within 14
days after the filing of the annexation
petition by submitting a written statement
of his objections to the Board of Trustees .
A purchaser of real property shall be deemed
a landowner for the purpose of an annexation
petition and proceeding if the following
exist :
(1) The said purchaser is purchasing
the land pursuant to a written
contract duly recorded; and,
(2) The said purchaser has in the year
last preceding paid a general ad
valorem tax thereon. A corporation,
non-profit or profit, owning land
shall be deemed a landowner, and
the same persons authorized to
convey land for the corporation shall
{ be entitled to sign the within petition
on behalf of such corporation.
b. Resident: means one who makes his
primary dwelling place within the
area proposed to be annexed.
c. Identical Ownership: means a sit-
uation where each owner has exactly
the same degree of interest in each
separate parcel of two or more parcels
of land.
d. Agricultural Land : means land used
for growing of crops, truck gardening,
grazing of farm animals and other
agricultural pursuits in contrast to
land used for urban development, as
hereinafter defined.
e. Urban Development: means the construc-
tion on land of improvements for resi-
dential , institutional, commercial,
industrial , transportation, public flood
control and recreational and similar
uses in contrast to the use of the
land for growing crops, truck gardening,
grazing of farm animals and other agricul-
tural pursuits. The term also applies
to vacant ground which has been or is
being prepared for urban development by
such steps as subdivision into lots,
plots or blocks, installation of water
and sewer lines, construction of access
streets, and constructions of railroad
spurs or branch tracks.
f. Municipality: means the Town of Keenesburg.
g. Adult: means any person who has attained
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his twenty-first birthday.
h. Contiguous : ' means that one-sixth of the
boundary of the territory proposed for
annexation and the town limits coincide.
Contiguity as referred to in this petition
or annexation proceedings is not affected
{ by the existence of a platted street or
alley, public or private right-of-way, or
a public or private transportation right-
of-way or area, or a lake, reservoir,
stream, or other natural or artificial
waterway between the town limits of the
Town of Keenesburg and the territory to
be annexed.
4. When the landowner lives outside of the State of Colo-
rado, the persons who circulate the petition may mail a copy
of this petition to the landowner whose signature is being
solicited. If the landowner wishes to execute the petition,
he or she must complete the petition before a Notary Public
who will acknowledge the signature in accordance with the
accepted acknowledgment procedures of the State where mailed,
and return it to the persons circulating the petition.
5. This petition must be filed with the Town Clerk of the
Town of Keenesburg.
6. An annexation petition may be filed with the Town
Clerk of the Town of Keenesburg at any time provided that no
proceedings for annexation to the Town of Keenesburg may be
initiated of any area which is the same or substantially the same
area in which an election for an annexation to the Town of
Keenesburg has been held within the next preceding twelve (12)
months from the date of filing of this petition, or any area
which is included in another pending annexation proceeding initiated
by a petition.
7. This petition should be filed in the following manner :
a. All blanks herein contained should be fully
filled out and completed.
b. Each signer shall before signing said peti-
tition carefully read the contents thereof.
c. The signatures attached to this petition must
have been signed within 180 days immediately
the filing of the said petition with the
Town Clerk.
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d. Upon filing of the petition no person
having si<;ned the same shall thereafter
be permitted to withdraw his or her
signature from said petition.
e. This petition shall be accompanied by
at least four prints of an annexation
map setting forth the requirements
hereinafter more fully set forth.
8 . This petition may be signed by any landowner as here-
inabove defined. Any person not meeting the above qualifications
shall not sign this petition; however, the circulator of said
petition need not be a landowner as herein defined.
9. This petition shall not be valid unless it is properly
signed by the landowners as herein defined of more than fifty
per cent (50%) of the territory, excluding public streets and alleys,
proposed to be annexed to the Town of Keenesburg.
10. Requirements for the annexation maps : the annexation
maps to be filed herewith must set forth and contain the fol-
lowing informations
a. A written legal description of the
boundaries of the area proposed to
be annexed.
b. A delineation of the outer boundaries
of the area proposed to be annexed.
c. Within the outer boundaries of the
property proposed to be annexed the
location of each ownership tract in
unplotted land and if not part or all
of the area has been platted, then
the boundaries and the plat numbers
of the plats or of the lots and blocks
shall be shown.
d. That portion of the boundaries of the
territory to be annexed which is
contiguous to the town limits of the
Town of Keenesburg as the same exist
at the time of this annexation is to
be filed must be shown and the dimensions
thereof indicated.
e. If the territory proposed to be annexed
contains more than 40 acres, the map
shall contain a. certificate and seal
of a registered enginerr or a land
surveyor and shall also show the
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dimensions of the boundaries and tracts,
plots, lots and blocks within the area,
if any, and the bearings of the boundaries
of the area.
NOTHING FURTHER ON THIS PAGE
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PriITION FOR ANNEXATION
To The Board of Trustees of the Tbwn of Keenesburg, Colorado,
Greetings:
The undersigned hereby respectfully petitions the Board of Trustees
of the Town of Keenesburg to annex to the Town of Keenesburg the territory
shown on the map attached hereto and described as follows, to-wit:
In support of this petition, the petitioners state, represent and
allege as follows, to-wit:
1. That it is desirable and necessary that the above described
territory be annexed to the Town of Keenesburg.
2. That petitioners are landowners of more than 50 per cent of
the territory, excluding streets and alleys, herein proposed for annexation
to the Town of Keenesburg.
3. That not less than one-sixth of the aggregate external boundaries
of the above desribed territory hereby petitioned to be annexed to the
Town of Keenesburg is contiguous to the city limits of the Them of Keenesburg.
4. That a community of interest exists between the above described
territory and that the same is urban, or will be urbanized in the near future,
and further that the said territory is integrated or is capable of being
integrated into the 'Ibwn of Keenesburg.
5. In establishing the boundaries of the above described territory,
no land held in identical ownership, whether consisting of one tract or
parcel of real estate of 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 or landowners thereof, except and unless where
such tracts or parcels are already separated by a dedicated street, road,
or other public way.
6. That in establishing the boundaries of the above described
territory 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 acres or more which, together with the
buildings and improvements situated thereon have an assessed valuation in
excess of $200,000 for ad valorem tax purposes for the year next preceding
the filing of the within petition for annexation, has been included within
the above described territory without the written consent of the landowner
or landowners.
7. That the above described territory does not include any area which
is the same or substantially the same area in which an election for an
annexation to the lbwn of Keenesburg was held within the twelve months
preceding the filing of this petition.
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PETITION- FOR .1\ EKATION (PAGE 7)
8. That the above described territory does not include any area
incld2ed in another annexation proueding involving a town other than
the Town of Keenesburg, or the Town of Kuineeburg.
9. That at least four copies of an annexation map setting forth
with reasonable certainty a written legal description of the boundaries
of the area proposed to be annexed, a delineation of the outer boundaries
of the above described territory, and the location of each ownership, tract
and/or the boundaries and the plat numbers of plots and lots and blocks,
the portion of the boundary contiguous with the existing city limits of
the Town of Keenesburg, and the dimensions of said contiguous boundary,
all upon a material and of a size suitable for recording or filing with
the Tam Clerk, of the Town of Keenesburg, accompany, have been attached
hereto and hereby constitute a part of this petition.
10. That the above described territory is not presently a part of
any incorporated city, city and county, or town.
11. The petitioners request that the Board of Trustees of the 'Itrwn
of Keenesburg zone the land being submitted for annexation as set forth
in the zoning map attached hereto and node a part of this petition. This
petition is not conditional on the acceptance by the Board of Trustees of
the TZ:+m of Keenesburg approving the zoning requested. The undersigned
further petitions that the Board of Trustees of the Town of Keenesburg to
zone the property annexed, if annexation is approved, pursuant to the
statutes of the State of Colorado, and the Ordinances of the Town of
Keenesburg.
12. The petitioners request that if this petition for annexation is
approved, that any and all streets and alleys shown on the annexation map
as being solely within the area to be annexed shall be dedicated to the
Tt:m of Keenesburg.
WHEPEFOPE, the undersigned respectfully petition to the Pc ird of
Trustees of the To:m of Keenesburg, to annex the above describer) territory
to the 'io.zi of Keenesburg in accordance with and pursuant to the statutes
of the State of Colorado.
SEE ATTACHED PAGES 8, 9 AND 10.
STATE OF COLORADO )
SS. Circulator's Affidavit
COUNTY OF WELD
KFt k , being first duly sworn, upon oath
deposes and says that he was the circulator of the above and foregoing
petition and that the signatures on said petition are the signatures of
the persons whose names they purport to be.
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Subscribed and sworn to before me this i.e !_1 day of / r J ,,unc , ,
A.D. 19 /5' . �
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Witness my hand and official seal.
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My commission expires: - 7 g
j.Iotary Public
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L? The boundaries of the area proposed to be annexed are described as follows:
Beginninc, at a point 1320 feet east and 780.4 feet north of the center
W of sedtion 26, T2N, R64W of the 6th P M thence south 840.4 feet thence
n east 1293 feet thence north approxiamtely 1316 feet to the south boundary
of the Burlington-Northern Railrodd right of way thence southwest along
I said right of way approximately 1380 feet to the point of beginning.
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2 The boundaries of the area proposed to be annexed are described as follows:
Beginning at a point 1320 feet east and 780.4 feet north of the center
W of sedtion 26, T2N, R64W of the 6th P M thence south 840.4 feet thence
n east 1293 feet thence north approximately 1356 feet to the south boundary
4' of the Burlington—Northern Railrodd right of way thence southwest along
F said right of way approximately 1380 feet to the point of beginning.
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m REQUESTED ZOAIING
The boundaries of the area proposed to be annexed are described as follows:
Lii Beginnin> at a point 1320 feet east and 780.4 feet north of the center
of sedtion 26, T2N, R64W of the 6th P M thence south 840.4 feet thence
n east 1293 feet thence north approxiamtely 1356 feet to the south boundary
of the Burlington—Northern Railrodd right of way thence southwest along
said right of way approximately 1380 feet to the point of beginning.
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That portion of Weld County road 163-, also known as Woodward Avenue,
beginning 1320 feet East of the center of Section 26, T2N, R64W, thence
East 1293 feet more or less to the West boundary of the Weld County road
59 right of way.
date
Weld County Board of Commissioners
•
Beginning at a point 1366 feet North of the Southeast corner of
the NE+ of Sec. 26, T. 2 N. , R. 64 W., and then southwesterly
along the South line of the Chicago, Burlington and Quincy Rail—
road right of way for a distance of 842 feet; this shall be the
point of beginning — thence South 17° 10' East 183 feet, thence
East 118 feet, thence South 40 feet, thence West 100 feet, thence
S outh 50 feet, thence West 262 feet more or less to irrigation
lateral, thence Northeasterly 227 feet more or less to the Southerly
line of the Chicago, Burlington and Quincy Railroad right of way,
thence Northeasterly along said right of way to the point of be—
ginning.
date
• That part of_,the EyNE , Sec . 26 , T. 2 N. , It. 64 W. of the 6
• 6th P. M. W, .i County , Colorado, more rticularly des-
cribed as follows , to-wit : Beginning at a point 1366 feet
North of the Southeast Corner of the NE of Sec . 26 , thence
- 500 feet Southwesterly along the South line of the C. B. &,
• Q Railroad right-of-way, thence due South 225 feet ; thence
due East 450 feet , more or less , to the county road on
the East side of Sec. 26 , thence due North to the place •
of beginning ; ALSO All that part of Bowser and Timber' s
Subdivision of the SBcNE-,?t, Sec . 26 , T. 2 N. , R. 64 W.
of the Gth P. M. Weld County, Colorado, more particu •
-
larly described as follows , to-wit; Beginning at a
point on the East line of said Sec. 26, 860 feet North
• of the East Quarter Corner thereof, running thence West
567 feet, thence North 251 feet to a point on the South
line of the right-of-way of the C. B. & Q Railroad
Company thence Northeasterly along the said South line
of said right-of-way 93 . 5 feet, thence South 225 feet ,
thence East 480 feet to the East line of said Sec . 26
• at a point 920 feet North of the East Quarter Corner
• thereof, thence South along said East line of said Sec-
tion, 60 feet to the place of beginning. EXCEPT that
part as conveyed by Warranty Deed as described in Book
1206 page 564 more particularly described as follows :
' Beginning at the Southeast Corner of Tract 7 , in Bowser
• & Timber ' s Subdivision in Weld County, Colorado, which
. corner is 30 feet West and 660 feet North of the East
Quarter Corner of Section 26 , T. 2 N. , R. 64 W. of the •
• 6th P. M. , thence North 89°32' West along the North line
' of Kiser Avenue 500. 0 feet ; thence North 215 . 0 feet ;
N 46°37 ' N n_ 0 '
thence North East a32 . o ieui. ; tiivucc: nuri;li u7 ' vu
East 153. 0 feet ; thence South 617 . 7 feet, more or less ,
' to the point of beginning. ALSO EXCEPT that part as
conveyed by Warranty Deed as described in Book 1443
page 382 more particularly described as follows : Begin-
ning at a point 1366 feet North of the Southeast Corner
of the NEf , Sec. 26 , T. 2 N. , R. 64 W. of the 6th P. M.
thence Southwesterly along the South line of the C. B.
& Q Railroad Company right-of-way for a distance of S42
feet to the true point of• beginning; thence South 17°10 '
• East 183 feet ; thence East 118 feet, thence South 40 feet ,
- thence West 100 feet ; thence South 50 feet ; thence West
262 fee'. more or less to a point on an irrigation lateral ;
thence Northeasterly 227 feet more or less to the Southerly
• line of the C. B. £o Q. Railroad right-of-way ; thence North-
: t . • easterly along . said right-of-way to the point of beginning.
Prospect Valley Vegetable Growers
Cooperative Association
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(59
Lots 4, 5, 6, 7, 8, 9, 10, 11 , 14, 15, 16, 17, 18, 19, 20, and 21
in Block 1 and all of Tract 2 and all of Tract 3 except the East 50 feet
in Bowser and Timber's Subdivision of a portion of SEINE+ of Section 26,
T2N, R64W of the 6th P.M.
date Donald J. Zimbelman, Pres.
S.F.. Weld County Jr. Fair & Rodeo Assn;
date Larry Baumgartner, Sec.
S.E. Weld County Jr. Fair & Rodeo Assn.
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That portion of^.act 10 of Bowser and Timber's )division of part of
the SEjNF4 of Section 26, T2N, R64W of the 6th P.M. more particularly des—
cribed as follows: Beginning at 'bhp Southwest corner of said Tract 10 thence
East 297 feet to an irrigation later.,l , thence Northeast along said lateral
to the South boundary of the Burlin✓'on, Chicago and Quincy Railroad right
of way, thence Southwest 454 feet.parallbloto said right of way, thence
South to the point of beginning.
date Flop ingerich
All that portion of Tract 9 of f!;n Howser and Timbers Subdivision
of a portion of the SE4NE4 of Sec. 26, T. 2 N., R. 64 W. of the
6th P.M. , Weld County, Colorado, more particularly described as
follows: Commencing at the Southwest corner of said Tract9, thence
North 150 feet, thence East 100 feet, thence South 150 feet, thence
West 100 feet to the point of beginning.
date Donald L. Sloan
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Tract Six (6) , Howser and Timhyrs Subdivision , of a portion
of the Southeast Quarter (SE'y of the Northeast Quarter (NE4)
of Section Twenty-six ( 26) , Tnwnshi (' Two (2) North, Range
Sixty-four (64 ) West of the Sixth Principal Meridian , together
with Grantor ' s water rights and shares in the Henrylyn
Irrigation District .
12-28-771
William Hoff
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