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HomeMy WebLinkAbout23-92 Finding Compliance Annexation Petition for Certain Property Located in Weld County 09-19-2023RESOLUTION NO. 23-92 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, FINDING SUBSTANTIAL COMPLIANCE OF AN ANNEXATION PETITION FOR CERTAIN PROPERTY LOCATED IN WELD COUNTY, COLORADO AND SETTING A PUBLIC HEARING ON THE PETITION IN ACCORDANCE WITH THE MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, a Petition for Annexation of the hereinafter described real property has been filed with the Town Clerk of the Town of Firestone, Colorado; and WHEREAS, the Petition has been referred to the Board of Trustees of the Town of Firestone, Colorado, for a determination of substantial compliance with the requirements of C.R.S. § 31-12-107(1); and WHEREAS, the Board of Trustees has been advised by the staff, and has taken official notice of all maps, records and other information and other materials on file with the Town of Firestone, Colorado, regarding said petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Petition for Annexation, whose legal description is attached hereto as "Exhibit A" and incorporated by reference herein, is determined to be in substantial compliance with C.R.S. § 31-12-107(1). Section 2. The Board of Trustees shall hold a public hearing on the proposed annexation on October 25, 2023, at 7:00 P.M., or as soon thereafter as possible, at Firestone Municipal Court and Board Room, 9900 Park Avenue, to determine if the proposed annexation complies with Section 30 of Article II of the Colorado Constitution and C.R.S. §§ 31-12-104 and -105, or such parts thereof as may be required to establish eligibility for annexation. Section 3. The Town Cleric shall publish a Notice of Public Hearing once a week for four successive weeks in a newspaper of general circulation in the area proposed to be annexed, with the first publication of such notice to be at least thirty days prior to the date of the hearing. The Town Cleric shall further provide notice to the Clerk of the Board of County Commissioners of Weld County, the Weld County Attorney, and to any special district or school district having territory within the area proposed to be annexed, in the manner and within the time provided in C.R.S. § 31-12-108(2). INTRODUCED, READ AND ADOPTED this 131h day of September, 2023. .ATTEST: ..� <,�. . ., 1- 6 3 hor,TownClerk „ �\.■�����) �! . *, ■ ■ TOCOLORADO .Drew Alan Peterson, Mayor EXHIBIT A Legal Description A TRACT OF LAND BEING A PORTION OF SECTIONS 26 AND 35, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MONUMENTED AT THE NORTH END BY A FOUND 3-1/2" ALUMINUM CAP STAMPED URE 2001 PLS 27936" AND AT THE SOUTH END BY A FOUND 3-1/4" ALUMINUM CAP STAMPED "AZTEC CONSULTANTS INC. 2016 PLS 38064". SAID EAST LINE BEARS SOUTH 0042'12" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 35; THENCE ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35 SOUTH 0042'12" EAST 2357.60 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 89031'44" WEST 60.00 FEET; THENCE NORTH 0042' 12" WEST 2272.45 FEET TO A POINT OF CURVATURE; THENCE 47.09 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 89017'48" WEST, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 89056'37" TO THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THENCE NORTH 0038'49" WEST 110.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 28; THENCE ON SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING TWO COURSES: 1. NORTH 8902I'll" EAST 25.44 FEET; 2. NORTH 44037'29" EAST 21.31 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 9-1/2; THENCE ON SAID WEST RIGHT-OF-WAY LINE NORTH 00006'07" WEST 25.44 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE NORTH 8905346" EAST 100.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 9-1/2; THENCE ON SAID EAST RIGHT-OF-WAY LINE SOUTH 0006'07" EAST 64.46 FEET TO THE NORTH LINE OF THE TOWN OF FIRESTONE CITY LIMITS; THENCE ON SAID NORTH LINE SOUTH 89019'09" WEST 50.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26; THENCE DEPARTING SAID NORTH LINE AND ON SAID EAST LINE SOUTH 0006'07" EAST 30.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 153,608 SQUARE FEET, OR 3.53 ACRES, MORE OR LESS. n PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO The undersigned ("Petitioner"), in accordance with the Municipal Annexation Act of 1965 as set forth in C.R.S. § 31-12-101 et seq., as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petitions the Board of Trustees of the Town of Firestone, Colorado ("Board"), to annex to the Town of Firestone ("Town") the unincorporated territory located in the County of Weld, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Property"). The Property may be generally described as the Weld County Road 9-1/2 Annexation to the Town of Firestone. In support of this Petition for Annexation ("Petition"), Petitioner alleges that: It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of C.R.S. §§31-12-104 and 31-12-105 of the Annexation Act exist or have been met. 3. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. Petitioner comprises more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioner hereby consents to the establishment of the boundaries of the Property as shown on the annexation map submitted herewith and attached as Exhibit C, and as more fully described in Paragraph 16 below. 8. The Property is not presently a part of any incorporated city, city and county, or town; nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Property; nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. -The Property was disconnected from the Town of Mead pursuant to Ordinance No. 937 dated July 13, 2020 ("Disconnection Ordinance"). A copy of the Disconnection Ordinance was recorded on August 30, 2023 at Reception No. 4917988 in the Weld County real property records ("County Records"). In addition, that certain "Disconnection Map Weld County Road 9-1/2" was recorded on August 30, 2023 at Reception No. 4917989 in the County Records. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The land owned by Petitioner constitutes one hundred percent (100%) of the Property within the meaning of C.R.S. § 31-21-107(1)(g) of the Annexation Act. 15. The affidavit of the circulator of this Petition certifying that the signature(s) on this Petition is the signature of each person whose name it purports to be and certifying the accuracy of the date of such signature(s) is attached hereto as Exhibit B and is incorporated herein by this reference. 16. This Petition is accompanied by four (4) copies of an annexation map which have been prepared by a professional surveyor and submitted to the Town Clerk. An 11 x 17 copy of the annexation map is attached to this Petition as Exhibit C for reference. The annexation map contains, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the Town of Firestone abutting the Property. 17. That the proposed annexation of the Property complies with Section 30 of Article II of the Colorado Constitution. OA THEREFbRE, Petoner requests that the Board of Trustees of the Town of Firestone Colorado, complete and approve the annexation of the Property pursuant to the provisions of th� Municipal Annexation Act of 1965, as amended. Respectfully submitted this / day of 2023. a - $1 Mead Town Hall 441 Third Street Mead, CO 80542 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property A TRACT OF LAND BEING A PORTION OF SECTIONS 26 AND 35, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MONUMENTED AT THE NORTH END BY A FOUND 3-1/2" ALUMINUM CAP STAMPED "JRE 2001 PLS 27936" AND AT THE SOUTH END BY A FOUND 3-1/4" ALUMINUM CAP STAMPED "AZTEC CONSULTANTS INC. 2016 PLS 38064". SAID EAST LINE BEARS SOUTH 0-42-12" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 35; THENCE ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 35 SOUTH 0042'12" EAST 2357.60 FEET; THENCE DEPARTING SAID EAST LINE SOUTH 8903 F44" WEST 60.00 FEET; THENCE NORTH 0042' 12" WEST 2272.45 FEET TO A POINT OF CURVATURE; THENCE 47.09 FEET ALONG THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS SOUTH 89017'48" WEST, HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 89056'37" TO TI4E SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 28; THE, NORTH 0038'49" WEST 110.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 28; THENCE ON SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWING TWO COURSES: 1. NORTH 89021' 11 " EAST 25.44 FEET; 2. NORTH 44037'29" EAST 21.31 FEET TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 9-1/2; THENCE ON SAID WEST RIGHT-OF-WAY LINE NORTH 00006'07" WEST 25.44 FEET; THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE NORTH 89053'46" EAST 100.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 9-1/2; THENCE ON SAID EAST RIGHT-OF-WAY LINE SOUTH 0006'07" EAST 64.46 FEET TO THE NORTH LINE OF THE TOWN OF FIRESTONE CITY LIMITS; A-1 THENCE ON SAID NORTH LINE SOUTH 89019'09" WEST 50.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 26; THENCE DEPARTING SAID NORTH LINE AND ON SAID EAST LINE SOUTH 0006'07" EAST 30.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 153,608 SQUARE FEET, OR 3.53 ACRES, MORE OR LESS. A-2 1025801.2 rjm�i � lip @ I �!1111111� p I !I � I g That he/she was the circulator of the foregoing Petition for Annexation of lands to the TovvM of Firestone, Colorado, and that the signature of the petitioner(s) thereon was witnessed by t circulator and is the true and original signature of the person whose name its purports to be, a that the date of such signature is correct. I Signature of petition circulator I L HERMAN RY PUBLIC OF COLORADO ID20224041415 )I,A, Lv j 2023i by Witness my hand and official seal. My commission expires: Notary Public HIM. N EXHIBIT C TO PETITION FOR ANNEXATION Annexation Map An 11 x 17 version of the annexation map is attached hereto. Four (4) full size copies of the annexation map have been provided to the Town Clerk of the Town of Firestone. 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