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HomeMy WebLinkAbout23-113 Making Certain Findings of Fact Proposed Annexation Weld County 10-25-2023RESOLUTION NO. 23-113 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING TTIE PROPOSED ANNEXATION OF CERTAIN REAL PROPERTY LOCATED IN WELD COUNTY, COLORADO, TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Board of` Trustees ofthe Town of Firestone, Colorado, 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. § 3 I-121-107(a), by duly adopted Resolution No. 23-92: and WHEREAS, the fown Clerk 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 Coin ni iss ioners, the County Attoniey, the school district and to any special district having territor%y in the area to be annexed. and WHEREAS, the Town Board ofTrustees has completed a public hearing ()It October 25, 2021 to determine if the proposed annexation complies with Article 11, 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, COLORADO: Section 1. The TovNn Board of Trustees her0y, finds and concludes with regard to the annexation of the territory described in Exhibit A. attached hereto and incorporated herein, that not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the Town and. thus, because of such contiguity, a community of interest exists between the territory proposed to be annexed and the Town, the territors, proposed to be annexed is urban or will be urbanized in the near fititure: and that the territory , proposed to be annexed is integrated or is capable of being integrated kvith the Town, Section 2. The Town Board of TrUSICCS further Finds and determines that no land held in identical ownership has been divided or included without written consent of the owtier thereof.- that no annexation proceedings have been commenced by another municipality: that the annexation will not result in the detachment of area fr(,)m a school district: that the annexation will not result in the extension of a municipal boundatymore than three rniles: that the Town has as plan for said three-mile area: and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included within the area to be annexed. `sec it i ern 3 An election is not required. and no additional terms or conditions are to be impose upon the area to be annexed, Section 4. Based on the fbregoing 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 this 201ty of _Pot +V.-2023. TOW!� OLORADO �IRES,,�O Imo Drc%v Alan Peterson. Nlavor dpM EXHIBIT A (Legal Description) ATRACTOF LAND BEING A PORTION OF SECTI()NIS 26 AND 35,TOWNSHIP 3 NORTH. RANGE 68 WESTOF THE SIXTH PRINCIPAI.,, MERIDIAN, CO( INTY OF WELD. STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OFBEARINGS: Bl"ARINGS ARE BASED ONTHE EAST LINE Of-'TUIE NORTHWESTtit ARTER OF SECTION 35,TOWNSHIP 3 CAE RANGE 68 WESTOF THE SIXTH PRINCIPAt,,. MERIDIAN, MON tj MENTED AT 1-11 E-'NORTF1 ENDBY A FOt"NL)3-1/13"AL,,LJMINUM('A[>S'FAMPED"JRE2001 PI-S 27936" AND AT THE S01,11TI E'ND BY A FOUND 3-1/4- ALUMINUM CAP STAMPED "AZTEC CONSULTANTS INC. 2016 PLS 38064", SAID EASTLINE BEARS SC UTTI 0042'12" FAST, WITH ALL BEARINGS CONTAINFE) HEREIN RELA"FIVETFIERETO: BE GIN ATTVIE NORTH QUARTER CORNER OF SAID SETiON 35, THENCE ON THE EASTLINE OF THE NORTHWEST QUARTER OF SAID SECTION 3-5 SOUTH 0.4212" EAST2357.60 FEET: THENCE DEPARTING SAID EAST LINE SOUD] 8903 1'44** WEST60.00 FEET; THENCE NORTH 0'42'1 -" WEST 2272.45 FEETTO A POINTOf" CURVATURE: THENCE 47.09 FEETALONGTHE: ARC OF A CURVE'ro'll 1E LEFTWHOSE CENTER BEARS SOUTH 89017*48" WEST. HAVING A RADIUS OF 30.00 FEETAND A CENTRAL ANGLE OF 89"56'37" TOTHE SOUTI-I RIGHT-017-WAY LINE OF WELD (70tJNTY ROAD 28: '171-1[iNCE NORTH 0'38*49" WEST 110.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WELD COUNTYROAD 28; THE NNE SAID NORTH RIGHT-OF-WAY LINE THE FOLLOWINGTWO COURSI-.S: 1. NORI't-18921'11"EAS'l"25.44FEEI'-, 1 NORTH 44037'29" EAS1°21.31 FEETTO THE WESTRIGHT-OF-WAY I-INE'01'WELD COLINTY ROAD 9-1/2: THENCE ON SAID WES"FRIGHT-01"-WAY LINE NORTH 00"'06'07" WEST25.44 FEFT: THENCE DEPARTING SAID WESTRIGH I' -OF -WAY LINE NORTH 89"53'46" EASTI00.00 FEETTOTHE EAST EPIC HT -OF -WAY LINE OF SAID WEaLD COUNTY ROAD 9-1/2.- 1"IfENCE ON SAID EAST RIGITF-OF-WAY LINE SOUTH 0'dC:)C,07" EAST64.46 rEE-I—roTHE NORTH UNI"OFT1 IFTOWN OF F"IRESTONE, CITY LI ITS THENCE ON SAID NORTI-i LINE SOUTH 89'19'09" WEST 50.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SEC FION 26, THEiNCE DEPARTING SAID NORTH LINE AND ON SAID EAST LINE SOUTH 0006'07" EAST30.00 FEET TO THE POINTOF BEGINNING: SAIDTRACT CONTAINS 1 SQtJARE FEET, OR 3.53 ACRES. MORE OR LESS. 3 riw The Property may be generally described as the Weld Count d 9-1/2 Annexation to the Town of Firestone. In support 6f Ns Petition for Anhe*4tidn ("041uwy Petitioner alloges that I , it it derkirable and rrecevwy that the Property be stine"d 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, 4A 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 hi it 0, 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 Pmpertynor 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"eras 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 externt nems�6ry to AWd divjdih� Orcels doithin th6 Prooerty held 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. 13If 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 Petiboner constitutes one hundred percent (100%) of the Property within the meaning of C.R.S, § 31-21-107(l)(g) of the Annexation Act. 11 111 I I � III q1I SI Opp, IARAMA r4fdrence. (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 reap, a showing of the location of each ownership tract in unplafted 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 If of the Colorado Constitution, 2 THEREFORE, Petitioner 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 the Municipal Annexation Act of 1965, as amended, Respectfully submitted this day of 2023, St2natuLe of _Petitioner, 3 TOWN MEAD By, Colleen G, Whitlow, Mayor, authorized pursuant to rd nance No, 937 Date of Signatrrre� / , 2023 Mailing Addres& Mead Town Hall 441 Third Street Mead, CO 80542 ATRACT OF LAND BEING A PORTION OF SECTIONS 26 AND 35JOWNSHIP KNORIlt RANGE 68 WEST OFTI-11" SIXTH PRINCIPAL MERIDIAN. CSC IJINTY OF WELD, s,rA'I'E OF COLORADO. BEING MORE PAR'riCULARLY DESCRIBED AS FOLLOWS: BASIS OF 131-7-A RINGS: BEARINGS ARE BASED ON THE EAST LINE OF THE NORTHWES-r QUARTER OF SECTION 35, T0A&,'NSFIII' 3 NORTH, RANGE 68 WESI- OF THE six,rH PRINCIPAL MERIDIAN, MON UNIENTED AT TFIE NORTH END SN"A FOUND 3-1/2" AlAjIII ANJM CAP STAMPED "JRE 2001 PLS 27936" AND ATTHE SOUTH END BY A FOUTNI) 3-1/4"ALUM INI. M CAP STAMPED "AZTEC CONSULTANTS 11111C. 2016 ITS 38064". SAID EASJ" LINE BFARS SOUTH 0042'12" ENs-r,, WIT14 Au. BEARINGS CONTAINED HEREIN RELATIVE THERETO: BEGINNING ATTHE NORTH QLJARTFR CORNER OF SAID SECTION 35: THENCE ON ITIE EAST LINE OF TllE NORTHWEs'r QUARTER OF SATI) SECTION 35 SOUTI 10`42*12" EAST 2357,60 FEET; THENCE DEPARTING SAID EAST LINE S011111TH 899 1'44" WEST 60,00 FEE'r: THENCE NORTH 0`42' 12*'W[`,ST 2272,45 FEETTO A POI NTOF CURVATURE: THENCE 47,09 FEET ALONGTHE ARC OF A CURVETO T14E LEFTWHOSE CENTER BEARS SOUTH 89"IT48" WEST, HAVING A RAI)RJS OF 30,00 FEET AND A CENTRAL AN(ILE OF 89,"56'37",ro "FHE SOUTH RIGHT-OF-WAY LINE OF WELD COL N"I"N" ROAD 4 '18: THENCE NORTH 0"218'49"'EST 110.00 FEETTO THE NORTH RIGHT-OF-WAY LFNE OF SAID WELD COUNTY ROAD 28: TliENCf'-"' ON SAID NORTH Rl(',J)IJ'I'-0f-WAY LINE THE FOLLOWING TWO COURSES I. NORT118T'2111" FAST25.44 FEET; 2, NO1 "144 449729" EAST 21 .31 FEE�T'roniE WEST RIGHT-OF-WAY LfNE OF WELD COLNTY ROAD 9-1,12, THEN(I'Ll' ON SAID WEST RIGI-J'r-oF-WAY LINE NORTH 00'-06*)7" WEST25,44 FEET, THENCE DEPARTING SAID WESTRIGHT-OF-WAY LIN't.", NORTH 89"'53'46"'EAST I 0000 FEET TOT'llE EAST RIGHT-OF-WAY LINE OF SAID 'A,"'ELD COLNTY ROAD 9-1/2; THENCE ON, SAID EAST RIGIT. -OF-WAY LINE S0LJTH 0006'07" E-,AST64,46 FEET TO TIME NORTH LNE OF THE TOWN OF FIRESTONE CITY LIMITS: 'rfiENCE ON SAID NORTH LINE SOUTH 89" 19'09" WEST 50.00 FEETTO111E, EASTUNE OF 114F SOUITMES-I'QUARTER OF SAID SECTION 26; THENCE DEPARTINO SAID NORTH LINE AND ON SAID r-AST LINE SOUTH 0"06,07" EAST 30.00 FEET" TO THE POINT OF BEGMIN0,; S,IT TRA-cr CONTAINS 153608 SQUAREFEET� OR 3,53 ACRES, MORE OR LESS, m =01!:11 asr; The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says-, That he/she was the circulator of the foregoing Petdion for Annexation of lands to the Town of Firestone, Colorado, and that the signature of the petitioner(s) thereon was witnessed by the circulator and is the true and original signature of the person whose name its purports to be, and that the date of such signature is correct, Signature of petition circulator Name of circulator (printed)" i� �� ­­­= N07ARY PUSUC I SUTE OF COLORA00 N07ARYID20224041416 The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me this day of 2023, by L Witness my hand and official sea[, My commission expires' Notary Public An I I x 17 version of the annexation map is attached hereto, Four (4) full size copies of the annexation map have been proOded to the Town Clerk of the Town of Firestone.