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Home My WebLink About 15-07 Concerning DS Real Estate Petition for AnnexationRESOLUTION NO. �s 40 o` A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DS REAL ESTATE ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION WHEREAS, a petition for annexation of property described in Exhibit A attached hereto has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: I. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The applicable requic•ements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including without limitation: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone; in accordance with Section 31-12- 104(1)(a), C.R.S., contiguity may be established by the annexation of two or more parcels in a series. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near firture. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is 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 or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is 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, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is 5.713 acres, more or less. lc. The Master Plan adopted by the Board of Trustees of the Town of Firestone shall serve as the plan for Lite area proposed to be annexed, in accordance with Section 31-12-105(1)(e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of each of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under Sections 31-12-107(2) or 2 -1125 C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners, which are not to be considered additional terms and conditions within the meaning of Sections 31-12- 107(1)(g),-110(2) or 112, C.R.S. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and Section 31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. INTRODUCED, READ, and ADOPTED this 28t" day of January, 2014. ATTEST: Medina, Town Clerk 1/22@oIS 1:43 Pbf [kmk] R:�FirzstoneUnuesation�DS Real Estatz�Elig Reso.doc 3 Paul Sorensen, Mayor EXHIBIT A ® LEGAL DESCRIPTION A tract of land located in the E1/2 of the NE 1/4 of Section 10, T2N, MOO of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Northeast corner of said section 10; from which the N1/4 of said Section 10 bears N89°50'51", 2641.06 feet (Basis of Bearing), thence N89°50'51"W, 450.00 feet along the North Line of the NE1/4 of said Section 10; Thence S00°32'57"W, 1304.50 feet to the Northwest Corner of that tract of land conveyed to DS Real Estate, LLC as described in Quit Claim Deed recorded March 21, 2013, as Reception No. 3918799 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence S89°50' S1 "E, 311.62 feet along the Northerly Line of that tract of land as described as said Reception No. 3918799 to the Westerly Right-of-way Line of Interstate Highway 25; Thence S00°28'41"W, 17.05 feet along the Westet•lyRfght-of--way Line of said Interstate Highway 25 to an angle point thereof, Thence S 13°56'37"E, 361.37 feet along the Westerly Right -of --way Line of said Interstate Highway 25 to an angle point thereof; Thence S00°30'31 "W, 295.46 feet along the Westerly Right -of --way Line of said Interstate Highway 25 to the Southerly Line of `Parcel B' conveyed to DS Real Estate, LLC as described in Special Warranty Deed recorded November 21, 2012, as Reception No. 3890514 of the records of Weld County, Colorado; Thence N89°50'S1"W, 399.84 feet along the Southerly Line of said `Parcel B' to the Southwest Corner thereof; Thence N00°28'41 "E, 145.00 feet along the Westerly Line of said `Parcel B' to the Southerly Line of `Parcel A' as described as said Reception 3890514; Thence N890501S111W, 2.26 along the Southerly Line of said `Parcel A' to the Southwest Corner thereof; Thence N00°32' 1;7"E, 518.00 feet along he Westerly Line of said `Parcel A' and along the Westerly Line of that tract of land as described as said Reception No. 3918799 to the POINT OF BEGINNING. Area= 248,870 square feet (5.713 acres), more or less. L�