HomeMy WebLinkAbout 16-24 Concerning Petition for Annexation of Firestone Tenth AnnenxationRESOLUTION NO. 16-
A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF
PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE
FIRESTONE TENTH (LOTH) 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 Tenth (10"') 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:
L 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. §
3142404.
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
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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 10.582 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 %J 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.
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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 C.R.S. § 3142-
107(2) or -112.
6. No 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 24th day of August, 2016.
ATTEST:
issa�Medina
Town Clerk
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Paul Sorensen
Mayor
EXHIBIT A
LEGAL DESCRIPTION
FIRESTONE TENTH (10"') ANNEXATION
A tract of land located in the W1/2 of Section 2, T2N, R68W, and in the SW1/4 of 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 SWl/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 are 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 S000O1'11"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 300°01'11"E, 100.52 feet to the South Line of the SW1/4 of said
Section 35;
Thence S00°O1'l l "E, 140.35 feet;
Thence S89°59'00"W9 114.83 feet to the Easterly Line of said Weld County Road 9.5;
Thence leaving the Southerly Line of said Interstate Highway 25, S00°O1'l l "E, 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 arc having a radius of 9940.93 feet, a central
angle of 03°29'41 ", and being subtended by a chord that bears SO1°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 arc having a radius of 9744.08 feet, a central angle of 03°1 POI ",
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 arc 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 S04059137"E, 438.53 feet along the Easterly Line of said Weld County Road 9.5;
Thence S34034'S3"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 S00002'32"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 SWIA 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;
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Thence N89°5728W, 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 are having a radius of 9608.67 feet, a central
angle of 02°28'15", and being subtended by a chord that bears NO3°09'12"W, 414.33 feet;
Thence N1°46'09"W5 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 arc having a
radius of 9154.12 feet, a central angle of 03°47'11 and being subtended by a chord that bears
0002312411E, 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 NO 1 °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.
8/23/2016 1:54 Pbi [kmk] R:�Pirestone�Annexation�Firestone loth (ROW) elig res.doc