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Home My WebLink About 16-23 Concerning Petition for Annexation of Firestone Ninth AnnenxationRESOLUTION NO. 16- A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE NINTH (9T) 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, to be known as the Firestone Ninth (91h) Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Board of Trustees 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 BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees 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 requirements of C.R.S. §§ 31-12-104 and 31-12-105, as amended, exist or have been met, including: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone or will be contiguous with the Town of Firestone within such time limit as required by C.R.S. § 31-12404. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The 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 1 the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No an 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 comprised of 10.944 acres, more or less. lc. A plan is in place, pursuant to C.R.S. § 31-12-105(1)(e). 1. If any portion of a platted street or alley is to be annexed, the annexation 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. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Board of Trustees 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. 2 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 C.R.S. § 3142- 107(2) or -112. additional terms and conditions are to be imposed other than those set forth in the annexation petition, the annexation agreement, or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and C.R.S. § 3142407(1). Section 2. The Board of Trustees concludes that all statutory requirements have been net, 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 Board of Trustees, 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 24t" day of August, 2016. Town Clerk Paul Sorensen Mayor o 1® 8 a® �B a�� 3 EXHIBIT A LEGAL DESCRIPTION FIRESTONE NINTH (9t) ANNEXATION A tract of land located in the in the Wl/2 of Section 25, the E1/2 of Section 26, the NE1/4 of Section 35, and the NWl/4 of Section 36, T3N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the S1/4 Corner of said Section 265 fiom which the Southeast Corner of said Section 26 bears N89°16'34"E, 2655.85 feet (Basis of Bearing), thence N00°06'14"W, 30.00 feet along the West Line of the SETA of said Section 26 to the Northerly Right -of --way Li alne of Weld County Road 28; Thence N89°16'34"E, 2625.80 feet along the Northerly Right -of --way Line of said Weld County Road 28 to the Westerly Right -of --way Line of said Weld County Road 11; Thence N00°12'43"W, 2624.77 feet along the Westerly Right -of --way Line of said Weld County Road 11; Thence N00°13'07"W, 2614.57 feet along the Westerly Right -of --way Line of said Weld County Road 11 to the Southerly Line of the Northerly 40.00 feet of the NEIA of said Section 26; Thence N89°39'14"E, 30.38 feet along the Southerly Line of the Northerly 40.00 feet of the NE1/4 of said Section 26 to the Southerly Line of the Northerly 40.00 feet of the NW1/4 of said Section 25; Thence N88°49'43"E, 78.81 feet along the Southerly Line of the Northerly 40.00 feet of the NW1/4 of said Section 25 to the Southeasterly Right -of --way Line of State Highway 66 conveyed to The Department of Highways, State of Colorado as described in Special Warranty Deed recorded December 13, 1957, in Book 1491, as Reception No. 1266961 of the records of Weld County, Colorado; Thence S43050'43"W, 70.71 feet along the Southeasterly Right -of --way Line of said State Highway 66 to the Easterly Right -of --way Line of said Weld County Road 11; Thence S00°13'07"E, 2565.14 feet along the Easterly Right -of --way Line of said Weld County Road 11; Thence S00°12'43"E, 2684.23 feet along the Easterly Right -of --way Line of said Weld County Road 11 to the Northerly Line of BAREFOOT ANNEXATION, an annexation to the Town of Firestone; Thence S89°16'34"W, 29.98 feet along the Northerly Line of said BAREFOOT ANNEXATION to the East Line of the NE1/4 of said Section 35, also being a point along the Southerly Right-of- 4 may Line of said Weld County Road 28; Thence Soy °1634W, 2655.62 feet along the Southerly Right -of --way Line of said Weld County Road 28 to the West Line of the NE1/4 of said Section 35; Thence N00°42'02"W5 30.00 feet along the West Line of the NE1/4 of said Section 35 to the POINT OF BEGINNING. Area = 10.944 acres, more or less. 8/23/2016 1:54 PM [kmk] R:�Firestone�Annexation�Firestone 9th (ROW) elig res.doc