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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 ti 4 ! 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 w. `�/' iv" 2 Date Presented: February 27 , 1978 -- 7 � , A• h; ...----' ,C Y /•//•7 AY E. _ -.-.- -- l 9 i A l---ice '`-i1tv • °eel 6 I I 1 . -1.4, r /n .-- I, ... H. �I/ ':�[1? ,\ jai — t'.e/ T I •.vc > '.P.:c>I /• / I . I _.N — __ -tist.t s7�1.4 u<- .' . J ro//v f of AtY --- '---- I , -_ - y r . i Pn,,,,rN4 ,I 1 1. I I ` J'.t'pc - /. % ,...�. . g %• II -te' c 3 i� , V /^q. , 4 . I T/.y/j• .� 1 •.. .. - I ko (. I. 1 p I j .I - I 3 �i 3157- I ' I ;; �,. � •N !n u I \ 0 ItLIiii b � . ; I u I 1 �11� I Il ' 7 I i - I1 0' �l ' , 'I - c % r" `( VI ') C. a ` .r 0 �I JJJ -J -hlThI j {fL Y Ufr--- _ , .: c, ,/ c( m (f) — — — r, c ,,._ .-„I L. ,L,.c,c, V r /.• f Fk c r,'• it- iic r1'Jo, / c el Li] 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 c_ 1 said right of way approximately 1380 feet to the point of beginning. O 2 ;. a H LI • 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 -2- 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. -3- 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 -4- 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 -5- 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. -6- 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. • .7:7/ f Subscribed and sworn to before me this i.e !_1 day of / r J ,,unc , , A.D. 19 /5' . � • Witness my hand and official seal. - 2 My commission expires: - 7 g j.Iotary Public ;_,. -10- • V i ; Ni.. ` R 4.\:.• .�a ry '1i�' \ 1 " ` � 1 - , / w a� co ro ,:j \ 'i i a o n�" ) � Y IN IP °f�� 0X�4 II 077 0 + � y m N o N:ri 11 r • p<, . � ij to� 1 J I W : v 3w i :• vO En 0. ° • J q� l CJ i ;Lp : 't4 rnIn4 ° r pi,J ` �� C\ rl CC ,.i{ ' ,r(iri S-i w .i ! � �t;I'Y� F i cad ,- V * _c C`fQSS , „ '.-N. "C 1-1 w l,, r--- c w § .D o c O -P .� A0S 4J C I t•f� .1 W i N ' y �yi N n\ r c Cl N O �� r� - "� "� C. v <J a y x I 1 , v A M — r l\� l +1 r:._ , c,„•„s , i\\& k., ,-. , , _, - 9 6 X.w qo xoK \�3 \ 1. D "4 if4A iiHftiU (8 add) r'rnazxaNnri Hai NOLLI,Lad • : ! 4. ` • 'a �� a ''` � l. Iti-PidG. N td co a) ab '. ; , Z V � "‘�1 ra , '' w. r T ` - ` •5 ar4 < w ' ' t)'z2'\5 -v..--r. <4 - M la a k 1-1 O r-1 Id (dW .{ W , 4 8 .9a 0 N ., i : '..� ' -.y T - ' t. . ' a yr cro • • M C 3 0 ° 5 CO A • , 4J CD Q4 V iNC>) .71 nY f u c. r ill --: Uj • < f1 i } al A� N „1 w o � 1 Ny..� N Izi 01 O Y. S�' r c�� J O 1, Ul 41 ti4J N r `�l ., ice• . (G 3-DVa) NOII XaNNV Hai Nona as 6' C!, � ... �. B_N 6•,i.r1l • f/felt;` 7, r= • .1•, e'r /L -- :. o , r. I / � 1/4 i /7 % . 1 / 7R n. 7 4 1li�., r 7 i i 7 % /. .._.. SIR : +.rP.Y f a s i. — —..1 _ H i ;tl• _ , 4 L. _. . .. _k"i_e.C f sJJ 1-,ttu.- _ ---__ _.•� 1 In. I , t- t. i ' r7rn<- / 4I �---- - L % , -r4-4e7 % ?.:n. 4 7/'(,rr ',) _ II to C I'L _ • A I-r o.. Tr{ c• L1 Ti..78.r.4fs T✓.C'r , t 1 �Q :T. ,. 4 n 0 p 1 J, I n I . q .� Q Nr N 73 T 1. r` I V7 i Q ^'7 1 0 ' I 1 41 I I II ��n7 � O? ? !II a' P ♦ z • r, �1 ? � ,i it � >, N a —�— �_____. _ i CC r m — -- - 1 -C1,. I L3. CLIY y 1 pH fA1er'. 4c be anfve, i e 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. u. 1 z s 0 L7' •� �'"1 /YI 1 I I e D ti L , �� j .pl 13 rkegc7 y[ //iN• T I` k.:‘,-- , /4-. / _ 1. I fcfNf co X16 — . . . • t, v Pier/.v4NJ4 I I _ ' 1. I f o r '� I 6� n riw<' / 4 >:.�c,• L . 7iy ! :'Ffa. • 4 /.'/!r p' .i- .i� .�.. - _ Q -n II '. ..,-.,0�..,Te''•k' ;it � 11 Ti.�13.•' S 3 .:/,per 1 t O 1 - ..1Xi l` I .' 14 I ?- �r I I `p. hi N . 0 T tr1� A` S t-, M M I J ,j t� b ti 41 P.. ? I ^ ' If ^ Ci ° iJ N N �J .....•N . ♦ I � ♦ U . AJ� I ' �, :,, 11 1 I > 3 • H o) i c' •' • r:I . , v v, r4 m 1- VI t. a ' a ° 1::i. e — —„ -. . 4 6 F. _ l ? c" 3/ _ Cr W l 1�0 — .—. cif 1._!-1 ?rt.. .c.Rv.[1Q✓ t L. -I fir co.. -4-c be' RY�flexeci 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. o O z 3 . ,,, 4 • Yr I / r /� , rm. , /. / t r -7 B-- 2 i I - I I Cl - . 1 �� -`---.- III -- 2 _ jr Ai l , !Jr-, -ff � 5r • O T:-7.c•-•:44/c _:.,-,...,a. I I ' N "' - ,_ r _.I' T J i __ _ 1 i 1 I r ' I % n, I N •n o t. ., • � ' I u IL, � . ( 1 . � r NJ 1 .NIN • I ♦ N 0 1 1 .117 . ? a, c Rr• - , r .� � I Itr _ t 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. i O C 2 s 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 / by: 241 . ',/ (,(7- • /f LC (Z(( • • (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. U 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 • (.0 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 t Hello