HomeMy WebLinkAbout 13-37 Concerning Petition for the Annexation of Property Known as McMurray AnnexationRESOLUTION NO.
A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF
PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE
MCMURRAY 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 Ends and concludes that:
1. 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 requirements 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
future.
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the Town of Firestone.
e. Noland 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.
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 2.0 acres, more or less.
k. The Master Plan adopted by the Board of Trustees of the Town of Firestone
shall serve as the plan for the area proposed to be annexed, in accordance
with Section 31A2405(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
412, C.R.S.
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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 lI, Section 30
of the Colorado Constitution and Section 3142407(1), C.R.S.
Section 2. The Town Board concludes that all statutory requirements have been met, that
the proposed annexation are 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 26t" day of June, 2013.
ATTEST:
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Rebecca Toberman, Town Clerk
Chad Auer, Mayor
EXHIBIT A -LEGAL DESCRIPTION
McMurray Annexation
A description of MCMURRAY ANNEXATION being tract of land located in the E 1 /2 of the NE 1 /4
of Section 10, T2N, R68W of the 6th P.M., in Weld County, Colorado. For: Street Media Group,
LLC
LEGAL DESCRIPTION McMURRAY ANNEXATION
A tract of land located in the E1/2 of the NE1/4 of Section 105 T2N5 R68W of the 6th P.M., County
of Weld, State of Colorado, being more particularly described as follows:
COMMENCING at the Northeast Corner of said Section 10 from which the N1/4 Corner of said
Section 10, bears N89°50'51 "W, 2641.06 feet (Basis of Bearing), thence N89°50'51 "W, 450.00
feet along the North Line of said NE1/4 of Section 10; thence S00°28'41"W, 1967.50 feet along
a Line which is 450.00 feet Westerly of and Parallel with the East Line of said NEIA of Section
10;
to the POINT OF BEGINNING:
Thence continuing S00°28'41 "W, 217.80 feet along said Parallel Line;
Thence S89°50'S1 "E, 399.89 feet along a Line which is Parallel with said North Line of the
NEl/4 of Section 10 to the Westerly Right -of -Way Line of Colorado Interstate Highway I-25;
Thence N00°29'24"E, 217.80 feet along said Westerly Right -of --Way Line;
Thence N89°50'S1 "W, 399.94 feet along a Line which is Parallel with said North Line of the
NE1/4 of Section 10 to the POINT OF BEGINNING.
Area = 87,100 square feet (2.000 acres), more or less.
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