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HomeMy WebLinkAbout21-84 Making Certain Findings of Fact and Conclusions WCR 19 Annexation 07-14-2021RESOLUTION N0.21-84 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRSTONE, COLORADO, MAKING CERTAIN FINDINGS OF FACT AND CONCLUSIONS REGARDING THE PROPOSED ANNEXATION OF A PORTION OF WELD COUNTY ROAD 19 TO THE TOWN OF FIRESTONE, COLORADO (FIRESTONE COUNTY ROAD 19 ANNEXATION NO.S 1-8) WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, has received an annexation petition and annexation map of certain real property more fully described in said petition and in the attached Exhibit A (the "Property"), said petition having heretofore been filed with the Town Clerk (the "Petition"); and WHEREAS, the Board of Trustees has found a petition for the annexation of the hereinafter described parcel of land to be in substantial compliance with the requirements of C.R.S. § 3142407(a), by duly adopted Resolution No. 21-63; and WHEREAS, the Town Clerlc has provided notice of public hearing on the proposed annexation by publication once per week for four successive weeks, and by registered mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the Town Board of Trustees has completed a public hearing on July 14, 2021 to determine if the proposed annexation complies with Article II, Section 30 of the Colorado Constitution and C.R.S. §§ 31-12-104; -105, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO0 1. The above findings and recitals are incorporated herein as findings and determinations of the Board of Trustees. 2. The Town Board of Trustees further finds as follows: a. That the Property meets the requirements of Section 30(1)(b) of Article II of the Colorado Constitution and C.R.S. §§ 31-12-104 and 31-12-105, and is eligible for annexation to the Town of Firestone; and b. That an election is not required under the applicable requirements of Section 30(1)(a) of Article II of the Colorado Constitution and C.R.S. § 31-12-107(2); and c. That no additional terms or conditions are imposed which would require an election under C.R.S. § 31-12-112(1), except for the specific teens and conditions set forth in the Petition and in that certain Annexation Agreement by and between the Town and the Weld County Board of County Commissioners (the "Agreement"), which contain specific terms and conditions that will be agreed to by the Town and the petitioner, as more fully set forth in the Petition and the Agreement. 3. Based on the foregoing finding and conclusions, the Board of Trustees finds that the proposed annexation complies with C.R.S. §§ 31-12-104; -105, and that the subject property is eligible for annexation to the Town of Firestone. INTRODUCED, READ AND ADOPTED thisl_'Ray of j L.1 l , 20210 ATTEST: TOWN OF FIRESTONE, COLORADO o bi Sin lar, Mayor 2 EXHIBIT A (Legal Descriptions) ANNEXATION NO. 1 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 9, AND THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 24 AND THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS N45018'38"E A DISTANCE OF 42.04 FEET, SAID POINT BEING ON THE SOUTH LINE OF THE MOUNTAIN VISTAS ANNEXATION NO. SEVEN, RECORDED SEPTEMBER 9, 2008 AT RECEPTION NO. 3577161; THENCE S89009'39"E ALONG THE SOUTH LINE OF SAID ANNEXATION A DISTANCE OF 60.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19; THENCE S11026'39"W A DISTANCE OF 148.42 FEET TO A POINT ON THE EAST LINE OF THE SAID NORTHEAST QUARTER OF SECTION 9; THENCE N11047'38"W A DISTANCE OF 149.50 FEET TO THE POINT OF BEGINNING; CONTAINING 4,377 SQUARE FEET OR 0.100 ACRE, MORE OR LESS; together with, ANNEXATION NO. 2 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 9, AND THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 24 AND THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS N45018138"E A DISTANCE OF 42.04 FEET, SAID POINT BEING ON THE SOUTH LINE OF THE MOUNTAIN VISTAS ANNEXATION NO. SEVEN, RECORDED SEPTEMBER 9, 2008 AT RECEPTION NO. 3577161; THENCE S11047'38"E A DISTANCE OF 149.50 TO A POINT ON THE EAST LINE OF THE SAID NORTHEAST QUARTER OF SECTION 9; THENCE N11026'39"E A DISTANCE OF 148.42 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19; THENCE S02009'04"W A DISTANCE OF 725.77 FEET TO A POINT ON THE EAST LINE OF THE SAID NORTHEAST QUARTER OF SECTION 9; THENCE N02035'00"W A DISTANCE OF 726.87 FEET TO THE POINT OF BEGINNING; CONTAINING 17,394 SQUARE FEET OR 0.399 ACRE, MORE OR LESS; together with, ANNEXATION NO. 3 A PARCEL OF LAND LOCATED IN THE EAST SECTION 10, TOWNSHIP 2 NORTH, RANGE COUNTY OF WELD, STATE OF COLORADO, FOLLOWS: HALF OF SECTION 9, AND THE WEST HALF OF 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 24 AND THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS N45018'38"E A DISTANCE OF 42.04 FEET, SAID POINT BEING ON THE SOUTH LINE OF THE MOUNTAIN VISTAS ANNEXATION NO. SEVEN, RECORDED SEPTEMBER 9, 2008 AT RECEPTION NO. 3577161; THENCE 3 S02°35'00"E A DISTANCE OF 726.87 TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE N02009'04"E A DISTANCE OF 725.77 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19; THENCE S00015'15"W A DISTANCE OF 3629.89 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE N00041'34"W A DISTANCE OF 3631.00 FEET TO THE POINT OF BEGINNING, CONTAINING 87,139 SQUARE FEET OR 2.000 ACRES, MORE OR LESS; together with, ANNEXATION NO. 4 A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTIONS 9, 16, 21, AND 28, AND THE WEST HALF OF SECTIONS 10, 15, 22, AND 27, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 24 AND THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SECTION 9 BEARS N45018'38"E A DISTANCE OF 42.04 FEET, SAID POINT BEING ON THE SOUTH LINE OF THE MOUNTAIN VISTAS ANNEXATION NO. SEVEN, RECORDED SEPTEMBER 9, 2008 AT RECEPTION NO. 35771610 THENCE S00041'34"E A DISTANCE OF 3631.00 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE N00015'15"E A DISTANCE OF 3629.89 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19; THENCE ALONG THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19 FOR THE FOLLOWING SEVEN (7) COURSES: 1) S00013104"E A DISTANCE OF 2596.41 FEET; 2) S0001324"E A DISTANCE OF 2627.37 FEET; 3) S00004'44"E A DISTANCE OF 2631.93 FEET; 4) S00005'06"E A DISTANCE OF 2632.29 FEET; 5) S00003'41"E A DISTANCE OF 2649.14 FEET; 6) S00°03'21"E A DISTANCE OF 2649.62 FEET; 7) S01003'34"E A DISTANCE OF 29.89 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 18; THENCE S89014'09"W ALONG SAID SOUTH LINE A DISTANCE OF 30.23 FEET; THENCE S89030'48"W CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 29.77 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, THENCE ALONG THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19 FOR THE FOLLOWING TEN (10) COURSES. 1) N0100334"W A DISTANCE OF 29.96 FEET; 2) N0000312111W A DISTANCE OF 1439.37 FEET; 3) S89056'39"W A DISTANCE OF 20.00 FEET; 4) N00°0321"W A DISTANCE OF 1210074 FEET; 5) N89054' 05"E A DISTANCE OF 20.00 FEET; 6) N00°03' 41"W A DISTANCE OF 2649.14 FEET; 7) N00°05'06"W A DISTANCE OF 2632.29 FEET; 8) N0000444"W A DISTANCE OF 2631.85 FEET; 9) N0001324"W A DISTANCE OF 2627.31 FEET; 10) N00013'04"W A DISTANCE OF 2597.52 FEET TO THE POINT OF BEGINNING; CONTAINING 864,353 SQUARE FEET OR 19.843 ACRES, MORE OR LESS; together with, ANNEXATION NO. 5 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 33, AND THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26 AND THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 33 BEARS S44°47'54"E A DISTANCE OF 43.06 4 FEET, SAID POINT BEING ON THE NORTH LINE OF THE MOUNTAIN VISTAS ANNEXATION NO. THREE, RECORDED SEPTEMBER 9, 2008 AT RECEPTION NO. 3577153; THENCE N10058'2811E A DISTANCE OF 149.11 FEET TO A POINT ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF SECTION 33; THENCE S12006121"E A DISTANCE OF 150.82 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID ANNEXATION; THENCE N88057'52"W ALONG THE NORTH LINE OF SAID ANNEXATION A DISTANCE OF 60.02 FEET TO THE POINT OF BEGINNING; CONTAINING 4,408 SQUARE FEET OR 0.101 ACRE, MORE OR LESS; together with, ANNEXATION NO. 6 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 33, AND THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6Tx PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26 AND THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 33 BEARS S44047'54"E A DISTANCE OF 43.06 FEET, SAID POINT BEING ON THE NORTH LINE OF THE MOUNTAIN VISTAS ANNEXATION NO. THREE, RECORDED SEPTEMBER 9, 2008 AT RECEPTION NO. 3577153; THENCE N01039'55"E A DISTANCE OF 748.30 FEET TO A POINT ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF SECTION 33; THENCE S02055'29"E A DISTANCE OF 750.05 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID ANNEXATION; THENCE N12006'21"W A DISTANCE OF 150.82 FEET TO A POINT ON THE EAST LINE OF THE SAID SOUTHEAST QUARTER OF SECTION 33; THENCE S10058'28"W A DISTANCE OF 149.11 FEET TO THE POINT OF BEGINNING, CONTAINING 18,049 SQUARE FEET OR 0.414 ACRE, MORE OR LESS; together with, ANNEXATION NO. 7 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 33, AND THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6Tx PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE NORTH ROAD 26 AND THE WEST RIGHT OF WAY LINE OF RIGHT OF WAY LINE OF WELD COUNTY WELD COUNTY ROAD 19, FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 33 BEARS S44047'54"E A FEET, SAID POINT BEING ON THE NORTH LINE OF N00000' 56"E A DISTANCE OF 2652.51 FEET TO THE EAST SECTION 33; THENCE S01016'48"E A DISTANCE OF 2654.26 EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, SAID NORTH LINE OF SAID ANNEXATION; THENCE N0205529"W A TO A POINT ON THE EAST LINE OF THE SAID SOUTHEAST THENCE S01039'55"W A DISTANCE OF 748.30 FEET TO THE DISTANCE OF 43.06 QUARTER CORNER OF SAID FEET TO A POINT ON THE POINT ALSO BEING ON THE DISTANCE OF 750.05 FEET QUARTER OF SECTION 33; POINT OF BEGINNING; CONTAINING 57,139 SQUARE FEET OR 1.312 ACRES, MORE OR LESS; together with, ANNEXATION NO. 8 A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTIONS 33 AND 28, AND THE WEST 5 HALF OF SECTIONS 34 AND 27, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6Tx PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WELD COUNTY ROAD 26 AND THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19, FROM WHENCE THE SOUTHEAST CORNER OF SAID SECTION 33 BEARS S44047154"E A DISTANCE OF 43.06 FEET, SAID POINT BEING ON THE NORTH LINE OF THE MOUNTAIN VISTAS ANNEXATION NO. THREE, RECORDED SEPTEMBER 9, 2008 AT RECEPTION NO, 3577153; THENCE ALONG THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19 FOR THE FOLLOWING FOUR (4) COURSES: 1) N00037157"W A DISTANCE OF 2652.31 FEET; 2) N00045'47"W A DISTANCE OF 2643.53 FEET; 3) N00°45'12"W A DISTANCE OF 2641.76 FEET; 4) N00°54158"W A DISTANCE OF 2548,42 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY 66; THENCE ALONG SAID SOUTH RIGHT OF WAY LINE OF HIGHWAY 66 FOR THE FOLLOWING THREE (3) COURSES: 1) S45024'00"E A DISTANCE OF 2.86 FEET; 2) N89052'35"E A DISTANCE OF 28.00 FEET; 3) S89°25'58"E A DISTANCE OF 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19; THENCE ALONG THE EAST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19 FOR THE FOLLOWING FOUR (4) COURSES: 1) S0005415811E A DISTANCE OF 2545.30 FEET; 2) S00045'12"E A DISTANCE OF 2641.84 FEET; 3) S00045'47"E A DISTANCE OF 2643.59 FEET; 4) S00°37157"E A DISTANCE OF 2654.13 FEET TO A POINT ON THE NORTH LINE OF SAID ANNEXATION; THENCE N0101648"W A DISTANCE OF 2654.26 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 33; THENCE S00°00'56"W A DISTANCE OF 2652.51 FEET TO THE POINT OF BEGINNING; CONTAINING 549,478 SQUARE FEET OR 12.614 ACRES, MORE OR LESS. 0