HomeMy WebLinkAbout 14-64 Finding Substantial Compliance for DS Real EstateRESOLUTION NO. 14-64
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE DS REAL ESTATE ANNEXATION TO THE
TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as the DS Real Estate
Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to
the Board of Trustees of the Town for a determination of substantial compliance with applicable law;
and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
subject property for annexation and zoning, if requested in the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO.
Section 1. The petition, the legal description for which is attached hereto as Exhibit A
and incorporated herein by reference, is in substantial compliance with the applicable laws of the
State of Colorado.
Section 2. No election is required under § 31-12-107(2), C.R.S.
Section 3. No additional terms and conditions are to be imposed within the meaning of
Sections 3142-107(1)(g),-110(2) or -112, C.R.S.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S.,
and will hold a public hearing to determine the appropriate zoning of the subject property, if
requested in the petition, at the Firestone Town Hall,151 Grant Avenue, Firestone, Colorado 80520,
on January 28, 2015 at 7:00 p.m.
Section 5. Any person may appear at such hearing and present evidence relative to the
proposed annexation, or the proposed zoning if requested in the petition.
Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed annexation,
and whether the statutory requirements for the proposed annexation have been met, and further, will
determine the appropriate zoning of the subject property if requested in the petition.
Section 7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws of the State of
Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to
the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested
in the petition.
INTRODUCED, READ, and ADOPTED this 1 Ol]' day of December, /.
ATTEST:
Larissa Medina
Town Clerk
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Paul Sorensen
Mayor
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EXHIBIT A
LEGAL DESCRIPTION
DS Real Estate Annexation
A description of DS REAL ESTATE ANNEXATION located in the NE1/4 of the Section 10,
Township 2 North, Range 68 West of the 6th P.M., in Weld County, Colorado.
A tract of land located in the E1/2 of the NE1/4 of Section 10, T2N, R68W 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 NEIA 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 Westerly Right -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 S00030' 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 N890509S155W, 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 N89°50'51"W, 2.26 along the Southerly Line of said `Parcel A' to the Southwest Corner
thereof;
Thence N00032'57"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.
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