HomeMy WebLinkAbout964 Annexing Carbon Valley Pit AnnexationORDINANCE 11N0.964
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ANNEXING TO THE TOWN CERTAIN
REAL PROPERTY LOCATED IN UNINCORPORATED WELD COUNTY
AND OWNED BY THE TOWN OF FIRESTONE
WHEREAS, the Town is the sole owner in fee of the real property described below, which is
contiguous unincorporated property situated in Weld County (the "Property"); and
WHEREAS, C.R.S. § 31-12-106(3) provides that a municipality may annex by ordinance
municipally -owned real property without notice and hearing upon a determination that the property
is eligible for annexation under Section 30(1)(c) of Article II of the Colorado Constitution and
applicable provisions of the Municipal Annexation Act of 1965, Part 1 of Article 12 of Title 31, C.R.S.
(the "Act"); and
WHEREAS, the Board of Trustees has satisfied itself concerning the eligibility for annexation
of the Property, and concerning the conformance of the proposed annexation to the applicable law,
and desires to annex the hereinafter described Town -owned property to the Town of Firestone.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees finds that the Town of Firestone is the sole owner in
fee of the real property described in Section 4 of this Ordinance, and that such property is not solely
a public street or right-of-way.
Section 2. The Board of Trustees fords and determines that the Town -owned real
property described in Section 4 %J this Ordinance is eligible for annexation to the Town of Firestone
under section 30(1)(c) of Article II of the Colorado Constitution and C.R.S. §§ 31-12404(1)(a) and
31-12-105, specifically in that:
a. Not less than one -sixth of the perimeter of the Property is contiguous with the
current boundaries of the Town of Firestone;
b. The annexation of the Property will not result in the division of the Property into
separate parts or parcels;
c. No annexation proceedings have been commenced for the Property or any portion
of the Property by another municipality;
d. The annexation of the Property will not result in the detachment of area from a
school district;
e0 The annexation of the Property will not result in an extension of the boundaries of
the Town of Firestone more than three miles in any direction; and
£ The Town of Firestone has a plan in place for the area to be annexed.
Section 3. The Board of Trustees fiu then finds and determines that the applicable parts
of the Act have been met, that an election is not required under the Act, and that there are no other
terms or conditions to be imposed upon said annexation.
Section 4. The Property, more particularly described as:
Part of Lot B of Recorded Exemption No. 1311-6-2 RECX13-0023, a recorded exemption located
in the NW1/4 of Section 6, T2N, R67W of the 6th P.M., County of Weld, State of Colorado,
according to the plat recorded June 19, 2013, as Reception No. 3941557 of the records of Weld
County, Colorado, described as follows:
COMMENCING at the N1/4 Corner of said Section 6, fiom which the Northwest Corner of said
Section 6 bears N89°30'04"W, 2503.05 feet (Basis of Bearing), thence N89°30'04"W, 45.28 feet
along the North Line of the NW 1/4 of said Section 6 to the Northeast Corner of said Lot B; Thence
S00057111"W5 36.80 feet along the Easterly Line of said Lot B to the Southerly Line of Weld
County Road 26 Annexation No. 4, an annexation to the Town of Firestone recorded May 28,
2010, as Reception No. 3696276 of the records of Weld County, Colorado, and the POINT OF
BEGINNING:
The following courses and distances are along the Easterly, Southerly, and Westerly Lines of said
Lot B:
Thence continuing S00°57'l l"W, 301.12 feet;
Thence S1501312611W, 130.94 feet;
Thence S0200912611E, 523.68 feet;
Thence S01012'22"W, 254.00 feet;
Thence S06°48'02"W, 96.36 feet;
Thence S00044'11"W, 421.85 feet;
Thence S37°25'26"W, 25.30 feet;
Thence S41 °47'35 "W, 46.72 feet to a point of curve to the left;
Thence Southwesterly, 78.07 feet along the arc of said curve to a point tangent, said arc having a
radius of 180.00 feet, a central angle of 24°51'OS", and being subtended by a chord that bears
329022103 "W, 77.46 feet;
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Thence S 16°5630W, 20.61 feet to a point of curve to the right;
Thence Southwesterly, 64.08 feet along the are of said curve to a point of reverse curve to the left,
said arc having a radius of 140.00 feet, a central angle of 26°13'33", and being subtended by a
chord that bears S30°03'17"W, 63.52 feet,
Thence Southwesterly, 132.94 feet along the arc of said curve to a point tangent, said arc having a
radius of 450.00 feet, a central angle of 16°55'35", and being subtended by a chord that bears
S3404211711W, 132.46 feet;
Thence S26°14'29"W, 104.30 feet;
Thence S31°08'S4"W, 54.44 feet;
Thence S35°51'35"W, 90.54 feet to a point of curve to the right;
Thence Southwesterly, 139.50 feet along the arc of said curve to a point tangent, said arc having a
radius of 150.00 feet, a central angle of 53°17'06", and being subtended by a chord that bears
S6203010811W, 134.53 feet;
Thence S89°08'41"W, 143.86 feet;
Thence S82°57'23"W, 116.61 feet;
Thence S79°42'23"W, 35.80 feet to a point of curve to the right;
Thence Westerly, 61.55 feet along the arc of said curve to a point tangent, said arc having a radius
oI 175.00 feet, a central angle of 20°0902 and being subtended by a chord that bears
S8904615411W, 61.23 feet;
Thence N80008135"W, 60.13 feet to a point of curve to the left;
Thence Westerly, 223.88 feet along the arc of said curve to a point of reverse curve to the right,
said arc having a radius of 1180.00 feet, a central angle of 10°52'14", and being subtended by a
chord that bears N85°34'42"W, 223.54 feet,
Thence Westerly, 71.96 feet along the arc of said curve to a point tangent, said arc having a radius
of 250.00 feet, a central angle of 16°29'31 ", and being subtended by a chord that bears
N82046103 "W, 71.71 feet;
Thence N74°31'17"W, 30.86 feet to the Westerly Line of said Lot B, also being the Easterly Line
of Brooks Farm First and Second Additions, an annexation to the Town of Firestone recorded June
153 2001, as Reception No. 2857771 of the records of Weld County, Colorado;
Thence N00056'45"E, 2296.06 feet along the Westerly Line of said Lot B and along the Easterly
Line of said Brooks Farm First and Second Additions to the Southerly Line of said Weld County
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Road 26 Annexation No. 4;
Thence leaving the Westerly Line of said Lot B, 389°2033E, 1181.43 feet along the Southerly
Line of said Weld County Road 26 Annexation No. 4 to the POINT OF BEGINNING.
Area = 60.028 acres, more or less, is hereby annexed to and made apart of the Town of Firestone,
Colorado, to be known as the Carbon Valley Pit Annexation.
Section 5. The Town Clerk is authorized and directed to file for recording three (3)
certified copies of this Ordinance and the Annexation Map with the Weld County Clerk and
Recorder, and to file one (1) copy of the Annexation Map and the original of this Ordinance in the
Town Clerk's office. The Town Clerk shall also request that the Weld County Clerk and Recorder
He one (1) certified copy of this Ordinance and the Annexation Map with the Division of Local
Government of the Department of Local Affairs and the same with the Colorado Department of
Revenue.
Section 6. If any article, section, paragraph, sentence, clause, or phrase of this Ordinance
is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity
or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby
declares that it would have passed this Ordinance and each part or parts hereof irrespective of the
fact that any one, or part, or parts be declared unconstitutional or invalid.
Section 7. This Ordinance shall be published and become effective 30 days after
publication following adoption.
INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN
FULL this � day of Janu
=1ONE
ATTEST:
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APPROVED AS
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P. Hayashi, Town Attorney
TOWN OF FIRESTONE, COLORADO
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