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Home My WebLink About1002 Amending Ordinance No. 996 Concerning Annexation to Correct an Error of Legal Description for Annexation Parcel No. 8ORDINANCE NO. 1002 Al\T ORDINANCE OF THE BOARD OF TRUSTEES OF THE TO`VN OF FIRESTONE, COLORADO AMENDING ORDINANCE NO, 996 CONCERNING THE ANNEIXATION OF PROPERTY KNOWN AS FIRESTONE COUNTY ROAD 19 ANNEfiATION NOS.1 THROUGH 8 TO CORRECT AN ERROR IN THE LEGAL DESCRIPTION OF ANNEIZATION PARCEL NO, 8 WHEREAS, the Board of County C'onunissioners of Weld County ("County") submitted a petition for annexation of certain portions of Weld County Road 19 ("CR 19 Annexation") to the Town Clerk of the Town of Firestone; and WHEREAS, the Board of Trustees adopted Resolution No. 21-63, finding substantial compliance and initiating serial annexation proceedings for the CR 19 Annexation; and WHEREAS, the Board of Trustees further adopted Resolution No. 21-84 setting forth I of fact and determinations regarding the eligibilit5r of the CR 19 Annexation; and WHEREAS, on July 14, 2021, the Board of Trustees adopted Ordinance No. 996 ("Ordinance 996"), annexing the property known as Firestone County Road 19 Annexation Nos. 1 through 8, as more particularly described in Exhibit A attached and incorporated as part of Ordinance 996; and ��IEREAS, Exhibit A of Ordinance 996 includes legal descriptions for eight segments of Weld County Road 19 to be annexed in a serial manner; and WHEREAS, the legal description of the anulexation parcel ident�ed in Exhibit A of Ordinance 996 as Annexation No. 8 ("Annexation Parcel No. 8") erroneously included a portion of Weld County Road 19 already annexed into and lying within the corporate limits of the Town of Platteville ("Platteville"), as illustrated in the attached Exhibit 1 ("Overlapping Annexation Parcel"),, and WHEREAS , the Board of Trustees did not intend to annex the Overlapping Amlexation Parcel and therefore desires to correct such sun��eying error through this Ordinance; and WHEREAS, the Board of Trustees finds that such error does not affect the overall CR 19 Annexation as Annexation No. 8 is the last segment of the serial CR 19 Annexation; and WHEREAS, the Town's surveyor has revised the legal description and associated map to connect the en7or in legal description, attached as Exhibit A; and WHEREAS, in accordance with C.R.S. Section 3142413(2), the Town has completed the statutory filings for the CR 19 Annexation and this correction ordinance shall have no effect on the finality of the CR 19 Annexation; and WHEREAS, the Board of Trustees finds that it is in the best interests of the Town to amend Ordinance 996 to correct the legal description for Annexation Parcel No. 8 so as to avoid any future ambiguity or conflict in the Town's or Platteville corporate boundaries. NOW THEREFORE, BE IT ORDAINED BY THE BO1�RD OF TRUSTEES OF THE TOWNT OF FIRESTONE, COLORADO, THAT% Section 1. Tlne recitals contained above are incorporated herein by reference and are adopted as findings and determinations of the Board of Trustees. Section 2. The property as more particularly described in Exhibit A attached hereto is hereby substituted for and shall replace the legal description and map of Annexation Parcel No. 8 identified in Ordinance 996 to be annexed to and included within the corporate limits of the Town A Firestone, Colorado, in accordance with law. Section 3. The Board of Truustees hereby directs staffto take the post -approval actions specified under Section 16.7.3 of the Firestone Municipal Code including supplementally filing for recording three certified copies of this Annexation Ordinance and the map of Annexation Parcel No. 8 containing a corrected legal description ("Annexation Map") with the Weld County Clerk and Recorder. Section 4. Except as amended by this Ordinance, Ordinance 996 shall remain i11 full force and effect, and nothing herein shall affect or impair the CR 19 Annexation or the Annexation Agreement executed between the Weld County Board of County Commnaissioners and the Board of Trustees of the Town of Firestone. Section 5. This Ordinance shall be published and become effective as provided by law. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the validity of the rennainling sections of the Ordinance. The Board of Trustees hereby declares that it would have passed the ordinance including each part, section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one (or more) part, section, subsection, sentence, clause or phrase is declared invalid. Section 7. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such ordinance nor revive any ordinance thereby. II�TTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE THIS 8th DAY OF DECEMBER, 2021. 2 ATTEST: By: 44sxTr CMC, Town Clerk Ljvst e4 * 3 TO��T OF FIRESTONnE, C�OLORADO: By: Bo�bi SindelarI Mayor 0 Exhibit I Overlapping Annexation Parcel OR ILLUSTRATION PURPOSES ONLY) .... 0 Co 01 �r Exhibit A County Road 19 Annexation Corrected Legal Description of Annexation Parcel No. 8 and annexation reap 5 EHRHART LAND SURVEYING EXHIBIT A Page I of 3 October 25, 2021 ANNEXATION NO. 8 A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTIONS 33 AND 28, AND THE WEST HALF OF SECTIONS 34 AND 27, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6"" 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 ALONG THE WEST RIGHT OF WAY LINE OF WELD COUNTY ROAD 19 FOR THE FOLLOWING FOUR (4) COURSES: 1) N00037'57"W A DISTANCE OF 2652.31 FEET; 2) N00-45'47"W A DISTANCE OF 2643.53 FEET; 3) N00045'12"W A DISTANCE OF 2641.76 FEET; 4) N00'54'58"W A DISTANCE OF 2496.35 FEET TO A POINT ON THE SOUTH LINE OF HIGHWAY NO. 66 ANNEXATION #7 TO THE TOWN OF PLATTEVILLE, RECORDED NOVEMBER 14,2017 AT RECEPTION NO. 4352185; THENCE S89'05'02"E ALONG SAID SOUTH LINE A DISTANCE OF 60.00 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) S00'54'58"E A DISTANCE OF 2496.44 FEET; 2) S00'45'12"E A DISTANCE OF 2641.84 FEET; 3) S00'45'47"E A DISTANCE OF 2643.59 FEET; 4) S00'37'57"E A DISTANCE OF 2654.13 FEET TO A POINT ON THE NORTH LINE OF SAID MOUNTAIN VISTAS ANNEXATION NO. 3: THENCE NO I'16'48"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 546,502 SQUARE FEET OR 12.546 ACRES, MORE OR LESS. OFFICE: 303-828-3340 e P.O. Box 930 o Erie, Colorado 80516 www.coloradols.com • jolin@coloradols.com E 1/� SECTION 33 PAGE2OF3 W 1/ SECTION 34 SEE PAGE 3 MA TCH N4�TH SCALE.' 1 " = 400' N1 `16'48"W 2654.26' Lo r i to (D cD S0600'56"W 2652.51' + to :: i0 h 0 0 � co 41 co N 604 LLI V ti u) U ro 0 0 Q SUBX f 8-0021 POINT OF BEGINNING S44'47'54"E 43.06' ANNEXATION MOUNTAIN t/ISTAS ANNEXATION NO. 7NREE RFC 3577153, 0910912008 EHF�HAF�T I AND SURVEYING P.O. Box 930 s Erie, Colorado 80516 (303) 828-3340 + www.coloradols.com E 1/2 SECTION 33 SECTION 34 MA TCH 1 TOWN OF FIRESTONE IN THEE 1 /2 OF SEC. 33 AND 28 AND THE W 1/2 OF SEC. 34 AND 27 T3N, R67W OF THE 6TH P.M. WELD COUNTY, COLORADO DATE: SCALE JOB NO.: DRAWN: CHECKED: 10/25/21 1'°=400' S215049 JPE OMB E i/2 - SECTION 28 r N N r r LO U) SEE PAGE 2 EXHIBIT A W i/2 SECTION 27 c� EHRHART LAND SURVEYING PAGE 3 OF 3 GHWAY NO. 66 ANNEXATION M7 TO THE TOWN OF PLA TTEVILLE REC 4352185 11114117 NORTH SCALE: 1 " = 400 0 P.O. Box 930 •Erie, Colorado 80516 (303) 828-3340 • www.coloradols.com N89`05'02"E 60.00' SECTIDN 28 tD c0 0) N W co Lo 0 Z = (f) H/GHWAY 66 W 1/2 SECTION 27 MA TCH 2 TOWN OF FIRESTONE IN THEE 1 /2 OF SEC. 33 AND 28 AND THE W 1/2 OF SEC. 34 AND 27 T3N, R67W OF THE 6TH P.M. WELD COUNTY, COLORADO DATE: SCALE JOB NO.: DRAWN: CHECKED: 10/25/21 1"=400' S215049 JPE OMB