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HomeMy WebLinkAbout 16-16 Finding Substantial Compliance for Firestone 10th AnnexationRESOLUTION NO, 16- A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE TENTH (LOTH) ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Firestone Tenth (101h) Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Sectionadditional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Wednesday, August 24, 2016 at 7:00 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 13th day of July, 2016. TOWN OF FIRESTONE, COLORADO 2 E knIBIT A LEGAL DESCRIPTION — FIRESTONE TENTH (loth) ANNEXATION A tract of all located in the W1/2 of Section 2, T2N, R68W, and in the SWl/4 %J Section 35, T3N, R68W, all of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 35, from which the W1/4 Corner of said Section 35 bears N00°56'47"W, 2679.94 feet (Basis of Bearing), thence N89°12'54"E, 52.23 feet along the South Line of the SW1/4 of said Section 35 to the Westerly Line of Weld County Road 9.5 conveyed to Weld County, Colorado, as described in Quit Claim Deed recorded September 14, 2007, as Reception No. 3504090 of the records of Weld County, Colorado, and the POINT OF BEGINNING; Thence N00° 10' 15 "W, 460.33 feet along the Westerly Line of said Weld County Road 9.5; Thence NO2°28'47"E, 914.41 feet along the Westerly Line of said Weld County Road 9.5 to the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of BAREFOOT LAKES ANNEXATION, an annexation to the Town of Firestone; Thence S06°14'03"E, 601.98 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point of curve to the right; Thence Southerly, 366.52 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point tangent, said arc having a radius of 3379.26 feet, a central angle of 06012'52", and being subtended by a chord that bears S03°07'37"E, 366.34 feet; Thence S00°O1'11"E, 186.21 feet along the Easterly Line of said Weld County Road 9.5, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a Northerly Line of Interstate Highway 25 as shown on Colorado Department of Transportation Highway Right-of- way plans for project NH4RCX-025-3(109) recorded April 6, 2006, as Reception No. 3377298 of the records of Weld County, Colorado, The following courses and distances are along the Northerly, Easterly, and Southerly Lines of said Interstate Highway 25: Thence N89°58'49"E, 114.83 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION; Thence S00°01'11"E, 119.70 feet, also being the Westerly Line of said BAREFOOT LAKES ANNEXATION to the Southwesterly Corner of said BAREFOOT LAKES ANNEXATION; Thence continuing S00°01'11"E, 100.52 feet to the South Line of the SW1/4 of said Section 35; 3 Thence 300°01'11"E, 140.35 feet; Thence S89°59'00"W, 114.83 feet to the Easterly Line of said Weld County Road 9.5; Thence leaving the Southerly Line of said Interstate Highway 259 S00°O1'11"E9 241.51 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the right; Thence Southerly, 606.34 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said are having a radius of 9940.93 feet, a central angle of 03°29'41 ", and being subtended by a chord that bears S01 °43'40"W, 606.25 feet; Thence S03°28'30"W, 23.48 feet along the Easterly Line of said Weld County Road 9.5 to a point of curve to the left; Thence Southerly, 541.42 feet along the arc of said curve and along the Easterly Line of said Weld County Road 9.5, said are having a radius of 9744.08 feet, a central angle of 03°1 P0V, and being subtended by a chord that bears SO1°53'00"W, 541.35 feet; Thence SO°O1'15"E, 246.52 feet along the Easterly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left; Thence Southerly, 239.98 feet along the arc of said non -tangent curve and along the Easterly Line of said Weld County Road 9.5 to a point tangent, said are having a radius of 2766.36 feet, a central angle of 04°58'13", and being subtended by a chord that bears S02°30'30"E, 239.91 feet; Thence S04059'37"E, 438.53 feet along the Easterly Line of said Weld County Road 9.5; Thence S34°341S3"E, 79.43 feet along the Easterly Line of said Weld County Road 9.5 to the Northerly Line of Weld County Road 24.5; Thence S00°02'32"W, 30.00 feet along the Easterly Line of said Weld County Road 9.5 to the South Line of the NW1/4 of said Section 2; Thence N89°57'28"W, 135.53 feet along the South Line of the NW1/4 of said Section, also being the Northerly Line of DEL CAMINO JUNCTION ANNEXATION, an annexation to the Town of Firestone in the SW1/4 of said Section 2 recorded December 17, 1999, as Reception No. 2739034 of the records of Weld County, Colorado; Thence SO4°59'27"E, 30.12 feet along the Westerly Line of said DEL CAMINO JUNCTION ANNEXATION to the Southerly Line of said Weld County Road 9.5; Thence N89°57'28"W, 26.17 feet along the Southerly Line of said Weld County Road 9.5; Thence Northerly, 414.36 feet along the are of a curve concave to the East and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 9608.67 feet, a central angle of 02°2815, and being subtended by a chord that bears NO3°0912W, 414.33 feet; Thence N1°4609W, 593.37 feet along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the right; Thence Northerly, 604.97 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5 to a point of non -tangent curve to the left, said are having a radius of 9154.12 feet, a central angle of 03°47'11 and being subtended by a chord that bears 1400023'24"E, 604.86 feet; Thence Northerly, 854.59 feet along the arc of said non -tangent curve and along the Westerly Line of said Weld County Road 9.5, said arc having a radius of 13722.41 feet, a central angle of 03034'06", and being subtended by a chord that bears NO1 °05'41 "E, 854.45 feet; Thence NO°10'15"W, 131.50 feet along the Westerly Line of said Weld County Road 9.5 to the POINT OF BEGINNING. Area = 10.582 acres, more or less. G�