HomeMy WebLinkAbout 18-50 Gould Petition to AnnexRESOLUTION NO.18-50
A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION
OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO,
KNOWN AS THE GOULD ANNEXATION TO THE TOWN OF
FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED
ELIGIBLE FOR ANNEXATION
WHEREAS, a petition for annexation of property described in Exhibit A attached hereto
has been filed with the Board of Trustees of the Town of Firestone; and
WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to
adopt by Resolution its findings in regard to the petition and eligibility for annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN
OF FIRESTONE, COLORADO:
Section 1. The Town Board finds and concludes that:
1. It is desirable and necessary that the territory described in Exhibit A attached
hereto and incorporated herein be annexed to the Town of Firestone.
2. The applicable requirements of Sections 31-12-104 and 31-12-105, C.R.S., as
amended, exist or have been met, including without limitation:
a. Not less than one -sixth of the perimeter of the area proposed to be
annexed is contiguous with the Town of Firestone, in accordance with
Section 3142404(1)(a), C.R.S.
b. A community of interest exists between the area proposed to be annexed
and the Town of Firestone.
c. Tlie area proposed to be annexed is urban or will be urbanized in the near
future.
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the Town of Firestone.
e. No land within the boundary of the territory proposed to be annexed which
is held in identical ownership, whether consisting of one tract or parcel of
real estate or two or more contiguous tracts or parcels of real estate, has
been divided into separate parts or parcels without the written consent of
the landowner or landowners thereof, unless such tracts or parcels were
separated by a dedicated street, road, or other public way.
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£ No land within the boundary of the area proposed to be annexed which is
held in identical ownership, whether consisting of one tract or parcel of
real estate or two or more contiguous tracts or parcels of real estate,
comprising twenty acres or more, and which, together with the buildings
and improvements situated thereon, has an assessed value in excess of two
hundred thousand dollars ($200,000.00) for ad valorem tax purposes for
the year next preceding the annexation, has been included within the area
proposed to be annexed without the written consent of the landowners.
g. No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
h. The annexation of the territory proposed to be annexed will not result in
the detachment of area from any school district.
i. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the Town of Firestone more than three
miles in any direction from any point of the boundary of the Town of
Firestone in any one year.
j. The territory proposed to be annexed is 37.32 acres, more or less.
k. The Master Plan adopted by the Board of Trustees of the Town of
Firestone shall serve as the plan for the area proposed to be annexed, in
accordance with Section 3142405(1)(e), C.R.S.
1. Any portion of a platted street or alley to be annexed will result in the
entire width of the street or alley having been included within and made a
part of the Town of Firestone and reasonable access will not be denied to
any landowners, owners of any easement, or the owners of any franchise
adjoining any platted street or alley which is to be annexed to the Town of
Firestone but is not bounded on both sides by the Town of Firestone.
m. An impact report has been prepared and filed with the Weld County Board
of County Commissioners pursuant to Section 31-12-108.5, C.R.S.
3. Four copies of an annexation map of each of the area proposed to be annexed
have been submitted to the Town Board and are on file with the Town.
4. Upon the annexation ordinance becoming effective, all land within the area
proposed to be annexed will become subject to all ordinances, resolutions, rules,
and regulations of the Town of Firestone, except that general property taxes of the
Town of Firestone, if applicable, shall become effective as of the January 1 next
ensuing.
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5. No election for annexation of the area proposed to be annexed has been held in
the preceding twelve months, and no election is required under Sections 3142-
107(2) or -112, C.R.S.
6. No additional terms and conons are to be imposed.
7. The landowners of one hundred percent (100%) of the area proposed to be
annexed signed the petition requesting annexation, in compliance with Article II,
Section 30 of the Colorado Constitution and Section 31-12407(1), C.R.S.
Section 2. The Town Board concludes that all statutory requirements have been met,
that the proposed annexation is proper under the laws of the State of Colorado and the area
proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its
legislative capacity and pursuant to authority granted to it by state law, may adopt one or more
ordinances annexing the subject property to the Town of Firestone.
INTRODUCED, READ, and ADOPTED this 12t1i day of December, 2018.
ATTEST: goe 5r
80
Leah Vanarsdall, Town Clerk
I1/26/I8 2:41 NJ [ncb] R:\Firestone\Annexation\Gould\Eligibility.reso.docx
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EXHIBIT A -LEGAL DESCRIPTION
Gould Annexation
A part of Lot B of Recorded Exemption 1209-31-3-RE 2340, an
recorded exemption recorded December 21, 1998, as Reception No.
2661939 of the records of Weld County, Colorado, and Subdivision
Exemption SE-734, a subdivision exemption recorded December 21,
1998, as Reception No. 2661938 of the records of Weld County,
Colorado, all located in the SW1/4 of Section 31, T3N, R67W of
the 6th P.M., County of Weld, State of Colorado, described as
follows:
COMMENCING at the Southwest Corner of said Section 31, from
which the E1/4 Corner of said Section 31 bears N00°07156"E,
2651.27 feet (Basis of Bearing), thence N00°07'56"E, 30.00 feet
along the West Line of the SW1/4 of said Section 31 to the
Northerly Right-of-way Line extended Westerly of Zinnia Avenue
(Weld County Road 26), according to BROOKS FARM FIRST & SECOND
ADDITIONS, an annexation to the Town of Firestone recorded June
15, 2001, as Reception No. 2857771 of the records of Weld
County, Colorado; Thence S89030'04"E, 30.00 feet along the
Northerly Right-of-way Line extended Westerly of said Zinnia
Avenue (Weld County Road 26) to the Easterly Right-of-way Line
of Colorado Blvd. (Weld County Road 13), also being the Easterly
Line of FIRESTONE NORTH ANNEXATION, an annexation to the Town of
Firestone recorded January 16, 2015, as Reception No. 4076118 of
the records of Weld County, Colorado, and the POINT OF
BEGINNING;
Thence N00°07'56"E, 1439.33 feet along the Easterly Right -of way
Line of said Colorado Blvd. (Weld County Road 13) and along the
Easterly Line of said FIRESTONE NORTH ANNEXATION to the
Northerly Line of said Lot B.
Thence S88°57149"E, 1063.26 feet along the Northerly Line of
said Lot B to the Northeasterly Corner thereof;
Thence S00°15'26"W, 107.00 feet along the Easterly Line of said
Lot B to an angle point thereof;
Thence N88057'49"W, 36.00 feet along the Easterly Line of said
Lot B to an angle point thereof;
Thence S0001526"W, 744.44 feet along the Easterly Line of said
Lot B to an angle point thereof;
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Thence S88°57149"E, 261.00 feet
Lot B to an angle point thereof;
along the Easterly Line of said
Thence 000°1526"W, 575.79 feet along the Easterly Line of said
Lot B to the Northerly Right-of-way Line of said Zinnia Avenue
(Weld County Road 26);
Thence N89°30'04"W, 1285.01 feet along the Northerly Right-of-
way Line of said Zinnia Avenue (Weld County Road 26) and along
the Northerly Line of said BROOKS FARM FIRST & SECOND ADDITIONS
to the Easterly Right-of-way Line of said Colorado Blvd. (Weld
County Road 13) and the POINT OF BEGINNING.
Area = 37.320 acres, more or less.
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