The URL can be used to link to this page

Browse Search

Home My WebLink About20112384.tiff / 1 Firestone A Community 6•dWV In Motion `,908 1 September 1, 2011 Clerk of the Weld County Board Frederick Area Fire Longmont Conservation of County Commissioners Protection District District P.O. Box 758 P.O. Box 129 9595 Nelson Road, Box D Greeley,CO 80632 Frederick, CO 80530 Longmont, CO 80501 Bruce Barker, Esq. Mountain View Fire St. Vrain and Left Hand Water Weld County Attorney Protection District Conservancy District 915 10th Street 9119 County Line Rd. 9595 Nelson Rd, Box C Greeley,CO 80632 Longmont, CO 80501 Longmont, CO 80501 St. Vrain Sanitation District Town of Frederick City of Dacono 11307 Business Park Circle P.O. Box 435 P.O. Box 186 Firestone, CO 80504 Frederick, CO 80530 Dacono,CO 80514 St. Vrain Valley School District City of Longmont Carbon Valley Recreation District 395 South Pratt Parkway 350 Kimbark Street 701 5th Street Longmont, CO 80501-6499 Longmont, CO 80501 Frederick, CO 80530 Central Weld County Water District Weld Library District Left Hand Water District 2235 2nd Avenue 2227 23rd Avenue P.O. Box 210 Greeley, CO 80631 Greeley, CO 80631 Niwot, CO 80544 Northern Colorado Water Longs Peak Water District Conservancy District 9875 Vermilion Road 220 Water Avenue Longmont, CO 80504 Berthoud, CO 80513 Dear Sir or Madam: Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be known as the Turner Commons Annexation. The Public Hearing on the proposed annexation is scheduled for Wednesday, September 28, 2011 at 6:30 p.m., as described in the enclosed Resolution No. 11-20. Also enclosed is a copy of the Petition for Annexation as filed, the notice published in the Daily Times-Call on August 29, 2011 and a vicinity map of the Annexation TOWN OF FIRESTONE,COLORADO Judy Hegwood, Town Clerk tA:3 Lnm(I-4krd ceps) �•�_i � 97 /l 3 II 2011-2384 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 J U LLIN E 11E V ELUPMEN "I' PLAN TURNER COMMONS TOWN OF FIRESTONE COUNTY OF WELD STATE OF COLORADO fv.„-r- wee j b B ur Ponds_ _ N o, vG I--------State R creation � Ts % J g d .. I to o o I. cu U ------ �CR 241/2 . CR 241/2 I / t 3 I I I I r--;--,______H / Ise? 1 I I I I I �BcS{ & I �iJ—J .— i / `° e,F41. St.Yrain State — 1 1 �' I %/ I r�r" 1 II--1 ��,�,� / SITE 'r� ., a e I %/A, f ® �z a O \ x- \\ Nil V—PSlate Highway 119 I I V k ` I j 1_ CR 24(Firestone SRS 1 0 j , American 210 lI J ® Furniture ' �� / Waseitaase7 i /% � o , / / i \' (O4;°. , // ,,,, E •• ii ki VICINTTYMAP 1"=1000• SHEET INDEX 1 COVER SHEET 2 SITF PI AN RESOLUTION NO. 11-,.:1Q A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE TURNER COMMONS 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 Turner Commons 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 § 31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed within the meaning of Sections 31-12-107(1)(g), -110(2) or-112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., 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, September 28, 2011 at 6:30 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. 1 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 24th day of August, 2011. Chad Auer Mayor ATTEST: g, Q y He od \ r-O\ j�1! own Clerk 6/6' e f_ 2 EXHIBIT A TURNER COMMONS LEGAL DESCRIPTION LOT 1 OF RECORDED EXEMPTION NO. 1313-3-4-RE-626, RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO. 01940086, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO PARCEL SE-1156, RECORDED DECEMBER 17, 2009 AT RECEPTION NO. 3665635, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 3 AND A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AS ASSUMED TO BEAR SOUTH 89°22'56 WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 SOUTH 89°22'56" WEST 77.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE SOUTH 04°01'19" EAST 56.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: THENCE NORTH 50°29'34" WEST 10.13 FEET; THENCE SOUTH 89°28'56" WEST 254.56 FEET; THENCE SOUTH 00°43'02" EAST 7.92 FEET; THENCE SOUTH 89°27'10" WEST 12.89 FEET; THENCE NORTH 88°04'13" WEST 185.53 FEET; THENCE SOUTH 85°48'54" WEST 69.46 FEET; THENCE SOUTH 83°48'32" WEST 203.53 FEET; THENCE SOUTH 89°30'32" WEST 514.34 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY NORTH 00°13'34" WEST 72.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 NORTH 89°22'56" EAST 10.23 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH O1°21'57" EAST 77.30 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING THREE (3) COURSES AND DISTANCES: THENCE NORTH 89°28'44" EAST 500.53 FEET; THENCE NORTH 87°04'21" EAST 231.58 FEET; THENCE NORTH 89°2529" EAST 114.50 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY NORTH 19°42'04" EAST 34.95 FEET; THENCE NORTH 00°34'26" WEST 20.04 FEET; THENCE NORTH 06°33'03" EAST 72.56 FEET; THENCE NORTH 00°34'26" WEST 109.93 FEET TO A POINT ON THE SOUTH LINE OF LOT 1, RECORDED EXEMPTION NO. 1313-6-4-RE-626 RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO. 01940086; THENCE ALONG THE SOUTH, WEST,NORTH AND EAST LINE OF SAID LOT 1 SOUTH 89°34'30" WEST 127.46 FEET; THENCE NORTH 01°24'42" EAST 3 345.02 FEET; THENCE NORTH 89°31'53" EAST 453.13 FEET TO A POINT ON THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 25 DESCRIBED IN DEED RECORDED AT RECEPTION NO. 1279810 AND RECEPTION NO. 1278345; THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 02°27'50" EAST 230.16 FEET AND AGAIN SOUTH 02°27'50" EAST 324.55 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE DEPARTING SAID NORTH RIGHT OF WAY SOUTH 04°01'19" EAST 110.22 FEET TO THE TRUE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 420,973.08 SQUARE FEET OR 9.664 ACRES, MORE OR LESS. 4 PETITION FOR ANNEXATION TO THE BOARD OF THE TOWN OF FIRESTONE,COLORADO: The undersigned (the "Petitioners"), in accordance with the Municipal Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as amended and as in effect on the submission date set forth below ("Annexation Act"), hereby petition("Petition")the Board of the Town of Firestone,Colorado ("Town Board"), to annex to the Town of Firestone ("Town") the unincorporated territory located in the County of Weld, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference ("Property"). In support of this Petition, Petitioners allege that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections-104 and—105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries. 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioners comprise more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Petitioners comprise the owners of one hundred percent (100%) of the Property within the meaning of Section-107(I)(g)of the Annexation Act. 9. The Property is not presently a part of any incorporated city, city and county, or town;nor have any proceedings been commenced for incorporation or annexation of an area that is part or all of the Property;nor has any election for annexation of the Property or substantially the same territory to the Town been held within the twelve (12) months immediately preceding the filing of this Petition. 10. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 11. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (50%) of which are within the three (3)mile limit, the proposed annexationwill not extend the municipal boundary of the Town more than three(3) miles in any direction from any point of the current municipal boundary. 12. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 13. In establishing the boundaries of the Property, no land which is held in identical ownership,whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street,road or other public way;or (00041814.Doca) (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of$200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. 14. If a portion of a planed street or alley is to be annexed,the entire width thereof is included within the Property. 15. The legal description of the land owned by each Petitioner is set forth underneath the name of such Petitioner on Exhibit B, attached hereto and incorporated herein by this reference.As more particularly described on Exhibit B,the land owned by Petitioners constitutes one hundred percent (100%) of the Property within the meaning of Section -107(1)(g) of the Annexation Act. 16. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit C and is incorporated herein by this reference. 17. This Petition is accompanied by four prints of an annexation map containing, among other things,the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks;and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 18. In connection with the processing of this Petition, the Petitioners request that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with Section—115 of the Annexation Act;and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreement")which establishes vested property rights for the Property for an agreed upon term greater than three years pursuant to Article 68,Title 24, Colorado Revised Statutes, and otherwise establishes the development plan for the Property. 19. Petitioners have filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town Board: (i) approves for those portions of the Property which are not public right-of-way zoning and subdivision which is substantially consistent with the applications for zoning and subdivision which Petitioners submit in connection with this Petition; and (ii)approves and authorizes execution of the Annexation and Development Agreement and Improvement Reimbursement Agreement. (b) Petitioners hereby reserve the sole, exclusive and unilateral right to withdraw this Petition by so notifying the Town Clerk in writing at any point prior to the later to occur of: (i)forty(40)days after the latest effective date of the final ordinance(s) approving annexation of the Property, the Annexation and Development Agreement, the Improvement Reimbursement Agreement, or zoning of the Property as requested pursuant to this Petition; or (ii) any later date contemplated in the Annexation and Development Agreement. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioners having withdrawn the Petition, neither Petitioners nor the Town {00041814.DOC:11 2 shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section-113(2)(b)of the Annexation Act. 20. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town,which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 21. This Petition is filed on the condition that, concurrently with its approval of annexation of the Property, (i) the Town Board approve zoning and subdivision of the Property that is substantially consistent with the applications for zoning and subdivision approvals which Petitioners will submit following the Town making the required finding of this Petition's substantial compliance with the requirements of the Annexation Act, and (ii)the Town Board approve and authorize execution of the Annexation and Development Agreement. 22. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioners expressly approvs and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(1)(g) of the Annexation Act, Petitioners request that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioners request that the Board of the Town of Firestone, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965,as amended. Respectfully submitted this 22. day of AegoST ,2011. Signatures of Landowners/Petitioners: ✓ R&J HOLDINGS,LLC, RONALD L.FAHRENHOLTZ a Colorado limited liability company nQ REVOCABLE O/ TRUST By: /�,4„egive� By:I 44, ai�Ronald L. Fahrenholtz,Manager Ronald L. ahrenholtz,Trustee Date of Signature: 2./ Ar Date of Signature: 772,/ // Mailing Address: 701 Hays Circle Mailing Address:701 Hays Circle Longmont,CO 80501 Longmont,CO 80501 Resident of the Property? NO Resident of the Property? NO i0004I814.nOC:I i 3 EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of Property LOT 1 OF RECORDED EXEMPTION NO. 1313-3-4-RE-626, RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO. 01940086, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO PARCEL SE-1156, RECORDED DECEMBER 17, 2009 AT RECEPTION NO. 3665635, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, AND ALSO THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 3 AND A PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AS ASSUMED TO BEAR SOUTH 89°22'56 WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 3; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 SOUTH 89°22'56" WEST 77.66 FEET TO THE TRUE POINT OF BEGINNING;THENCE DEPARTING SAID SOUTH LINE SOUTH 04°01'19"EAST 56.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF STATE HIGHWAY 119;THENCE ALONG SAID SOUTH RIGHT OF WAY THE FOLLOWING EIGHT (8) COURSES AND DISTANCES: THENCE NORTH 50°29'34" WEST 10.13 FEET; THENCE SOUTH 89°28'56" WEST 254.56 FEET; THENCE SOUTH 00°43'02" EAST 7.92 FEET; THENCE SOUTH 89°27'10" WEST 12.89 FEET; THENCE NORTH 88°04'13" WEST 185.53 FEET; THENCE SOUTH 85°48'54" WEST 69.46 FEET; THENCE SOUTH 83°48'32" WEST 203.53 FEET; THENCE SOUTH 89°30'32" WEST 514.34 FEET;THENCE DEPARTING SAID SOUTH RIGHT OF WAY NORTH 00°13'34" WEST 72.00 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3;THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3 NORTH 89°22'56" EAST 10.23 FEET; THENCE DEPARTING SAID SOUTH LINE NORTH 01°21'57" EAST 77.30 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119;THENCE ALONG SAID NORTH RIGHT OF WAY THE FOLLOWING THREE (3) COURSES AND DISTANCES: THENCE NORTH 89°28'44" EAST 500.53 FEET; THENCE NORTH 87°04'21" EAST 231.58 FEET; THENCE NORTH 89°25'29" EAST 114.50 FEET; THENCE DEPARTING SAID NORTH RIGHT OF WAY NORTH 19°42'04" EAST 34.95 FEET; THENCE NORTH 00°34'26"WEST 20.04 FEET;THENCE NORTH 06°33'03"EAST 72.56 FEET; THENCE NORTH 00°34'26"WEST 109.93 FEET TO A POINT ON THE SOUTH LINE OF LOT 1, RECORDED EXEMPTION NO. 1313-6-4-RE-626 RECORDED SEPTEMBER 12, 1983 AT RECEPTION NO.01940086;THENCE ALONG THE SOUTH,WEST,NORTH AND EAST LINE OF SAID LOT I SOUTH 89°34'30" WEST 127.46 FEET; THENCE NORTH 01°24'42" EAST 345.02 FEET; THENCE NORTH 89°31'53" EAST 453.13 FEET TO A POINT ON THE WEST RIGHT OF WAY OF INTERSTATE HIGHWAY 25 DESCRIBED IN DEED RECORDED AT RECEPTION NO. 1279810 AND RECEPTION NO. 1278345; THENCE ALONG SAID WEST RIGHT OF WAY SOUTH 02°27'50" EAST 230.16 FEET AND AGAIN SOUTH 02°27'50" EAST 324.55 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF STATE HIGHWAY 119; THENCE DEPARTING SAID NORTH RIGHT OF WAY SOUTH 04°01'19" EAST 110.22 FEET TO THE TRUE POINT OF BEGINNING. THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 420,973.08 SQUARE FEET OR 9.664 ACRES,MORE OR LESS. 100041814.DOCa1 4 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Each Petitioner Name of Landowner/Petitioner: R&J HOLDINGS, LLC, a Colorado limited liability company Legal Description of Land Owned by R&J HOLDINGS,LLC: {000418 w.DOC:I) 5 Name of Landowner/Petitioner: RONALD L.FAHRENHOLTZ REVOCABLE TRUST Legal Description of Land Owned by RONALD L.FAHRENHOLTZ REVOCABLE TRUST: (00041814.DOC:l) 6 EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (s)he was the circulator of the foregoing Petition for Annexation of lands to the Town of Firestone, consisting of 8 pages, excluding the page(s) of this Exhibit C, and that the signatures of the petitioners thereon were witnessed by the circulator and are the true and original signatures of the persons whose names they purport to be, and that the dates of such signatures are correct. Vb4:— II Circulator ' STATE OF 6dodfrlr o ) ss. COUNTY OF ELD ) Thj foregoing �AFFIDAVIT OFCULATORA was subscribed and sworn to before me „Vthis , e- day of A,J,,,tr ,2011,by Loic,temr 4 j,;,r'_s,Af Witness my hand and official seal. My commission expires: /4/%oo3 jzi3_. y" No ary ublic 1000418 14mca} 7 Any person may ap- EXHIBITA TOWN OF FIRESTONE, pear at the Public RADO: TURNER COMMONS THENCE SOUTH COLORADO Hearings and be 'Section 1. The pall- LEGAL DESCRIPTION PARTING SAID SOUTH NOTICE OF heard regarding the non, legal des— RIGHT ORT 00 WAY 9 8 X 1 T RN NO. PUBUC HEARING matters under consid• cription for which Is EXEMPTION NO,DED WNORTH 00°13'34" Notice Is hereby giv- oration, The approxi- attached hereto as, 1313-3-4-RE-626, RE- THE SOUTHWEST O72.0 FEET TO en that the Town of mate location of the Exhibit A and Incorpo-; C O R D C SOU OFW TSE Firestone Planning !property Is northwest rated herein by refer- ED SEPTEMBER 12, CORNER OF THE and Zoning Commis- of the Intersection of ence, Is in substan- 1983 AT RECEPTION SOUTHEASTOFTHE SOUQUTH- Non will hold a Public State Highway 119 tied compliance with E OF QUARTER SOUTH- 9 Y CANO 01840086, L E EAST SECTION 3; Hearing commencing and interstate mete 25. the of kw of S SOUTHEAST T THE SAID E at 6, te erW 21, The legal description t atl Is the State i.2.Colorado. T R OF SE GUAR- THENCE ALONG THE day, at the F 21, of the p of eat b Section 2. No elder TER SECTION 3, SOUTH UNE OF THE w one the subject n the an- own �e(2),rC. under TOWNSHIP 68 2 -NORTH, SOUTHEAST SOUTH- Avenue,Hall, 151 Grant n nitration requestInEx- Section103. C.R.S. RANGE WEST OF OF THE SOU OF Coloa o, 520.Firestone, set forth below In (Iona! 3. No addl-eon- THE SIXTH PRINCIPAL OUNT EAST T O3 Colorado 80520. The N . A Of Resolution donel terms and con' MERIDIAN, ENOF SAID T SECTION 3 purpose of the Public No.11-20. dlUons are to be I OF WELD, STATE OF NORTH ET T" EAST Hearing to consider io of the n, are - posed within the COLORADO,ARDL, AND 10.23 FEET; THENCE a request for zoning vexation indting, at of Sections2)or ALSO PARCEL 89.0E- UTHDEPARTING SAID of property proposed etlon x tang that - 2,C.R.(31-12-107(1)(g),-110(2)or RECORDED 1 , DA- SOUTH LINE NORTH to bn annexed to s the aIs In ub petal section C.R.S. CUMBER 17, 2009 AT 01°21'57" EAST 77.30 Town and known as tioo Is substantial of Tru a The Board FEET O A T ON the Turner Commons compliance al with the a rbli see will n hold RECEPTION, N O. THE NORTH RIGHT OF Annexation an and con- applicable laCn of the thea public r eaering - T685835, LOCATED IN WAY OF STATE HIGH- alder a request for State of Colorado, i purpose of deter-ro THE SOUTHEAST WAY 119; THENCE Development of an Outlinefor Town of Fl and posed If the pro- TON QUARTER OF SEC. SAID NORTH the propnt . for Master•Plan, and the posed annexation NON 3, NSEIP 2 RIGHT I WAYHREE the pproperty. The aOutline tlinetion, zoniopment ions 3s 0 Sec• NEST H, RANGE- 68 (3) CO IRS SHRED WldtlCg yoC-ng sa n Development 3oe2 31-12-104 CR5. and WEST OF THE SIXTH COURSES AND Weld County Busk oleo and other an will2. l C.R.S., and MERIDIAN, DISTANCES:OH89'2THENCE nos Commercial l application eonfil hold a public mn COUNTY OF WELD, NORTH FEET; THENCE EAST uses. The zoning re-d and s are on pub-e hearing o i to zon- D ALSO COLORADO,Is Planned and available for600.53 FEET; the of rlets AND THAT POT- NORTH 87°04'2V EAST nit Dgional Cmo t- e h In o thn Innpro rt the quested' TION OF THE SOUTH 231.58 FEET; THENCE with Ral Ra) Cam-' office of Grant the Town rop if requested', OF THE SOUTH- NORTH 89°26'29` EAST u erelai (RC) land Clerk, ir Firestone, CO property, the petition, at the' EAST QUARTER OF DEPARTING P0 FEET; THENCE Fees. nu•, F duringSAID.80520, regular 151 Grant Avenue, A PORTION OF THE, SAID NORTH RIGHT OF by given that the Dated the . Firestone, Colorado NORTH HAS OF THE WAY NORTH 19FEET; Board of of e of the 28th day of 80620, on Wed NORTHEAST QUAR- EAST 34.95 FEET; the Town of Firestone August,2011. TER OF SECTION 10, THENCE NORTH will hold a Public TOWN OF FIRESTONE, TOWNSHIP 2' NORTH, 00°34'28" WEST_20.0A Hearing Weeing COLORADO 'g, Any person RANGE 68 WEST OF dt. 6:30 p.m., 28, Judy ClerkHopwood mey appear 'at such THE SIXTH PRINCIPAL I FEET; THENCE NORTH day, Septemberthe28, Town Clerk hearing and resent MERIDIAN, COUNTY' 06°33'03" EAST 72.66 2011 at the Firestone RESOLUTION D FEET; THENCE NORTH Town Hall, 161 Grant NO.11.20 the proposed oe re annexe-n to CF WELD, STATE OF 00'34'26„ WEST 109.90 the r posed COLORADO EPARBEING Avenue, Firestone, I RESOLUTION FIND- tion, or the proposed' MORE PARTICULARLY, FEET A POINT ON Colorado 80520. The ING SUBSTANTIAL, THE1,SOUTH LINE EOF D e of the Public COMPLIANCE FOR AN, tit.petition. et 8 requested In DESCRIBED AS FOL- pputtryrpoossthe petition. ! LOWS: LOT 1, RECORDED Hearing Is (1) to de-err ANNEXATION PETI CONSIDERING THE: EXEMPTION NO. termini. whether car- TION FILED WITH THE! citation 1M heWng SOUTH LINE OF THE, 1313-6-4-RE-626 RE- laln property for TOWN OF FIRESTONE, the Board of Trustees. SOUTHEAST GUAR-I C 0 R D - which a. petition for COLORADO, KNOWN xlil ass bah. by MO-, TER OF THE .SOUTH-' ED SEPTEMBER 12, annexation has been AS THE TURNER COM- EAST QUARTER A 1983 AT RECEPTION filed with the Town, MONS ANNEXATION lotion, its findings RR' NO. 01940086; to be known as the TO THE TOWN OF and conclusions whSOUTH 88°22'68 WEST THENCE ALONG THE Turner Commons An- FIRESTONE, AND SET- reference to the x1181- AND WITH ALL BEAR. SOUTH, WEST, NORTH TING A PUBLIC HEAR- batty of the Proposed. INGS CONTAINED AND EAST LINE OF nesatlen to the Town ING THEREON. annexation, and HEREIN RELATIVE SAID LOT 1 SOUTH of Firestone, meets WHEREAS, a petition 'whether the statutory THERETO; 89°34'30" WEST 127.48 the applicable for annexation of car- requirements for the COMMENCING AT THE FEET; THENCE NORTH quirements of Sectione- known property to be proposed annexation SOUTHEAST CORNER 0V24'42" EAST 345.02 30 of Article II of the known as the Turner have been met, and, OF SAID SECTION 3; FEET; THENCE NORTH Colorado Constitution Commons Annexation further, will de THENCE ALONG THE 59°31'53" EAST 453.13 31-12-104 has been flied with termini. the appropri- SOUTH UNE' OF THE FEET TO A POINT ON and Sections and 31 the Town Clerk of the ate zoning of the sub- SOUTHEAST GUAR- THE WEST RIGHT OF the s .12 of the105 of Town of Firestone, ject property if re- TER OF THE SOUTH- WAY OF INTERSTATE. State of Colorado and Colorado, and re• quested in the pen- EAST QUARTER OF. HIGHWAY 25 DE-, Tarred to the Board of Uon. is eligible for annexa- tion to the Town, (2) Trustees of the Town Board'notion 7. If tM, SOUTH 89°22'56`, CORDED AT RECE1-' for a determination of oe9 roof Tr ust•ea, WEST 77.66 FEET TO to determine the zoo- TION NO, 12798101 Ing for the proposed substantial oomph- concludes, by resole-' THE TRUE PORE OF; p AND RECEPTION NO. 'annexation, and (3) to moo with applicable lion, that all statutory BEGINNING; THENCE, 1278345; THENCE consider a request for taw;and requirements have DEPARTING SAID ALONG SAID WEST; approval .ol. an Outline WHEREAS, the Board been met and that SOUTH LINE SOUTH RIGHT OF WAY Developm ent Plan for of Trustees wishes to the proposed annex.- 04°01'19" EAST 56.47 SOUTH -02P'50' EAST S the property. The permit simultaneous tlon Is proper under FEET TO A POINT ON 230.16 FEET AND existing zoning is consideration of the the laws of the State THE SOUTH F AGAIN SOUTH Weld County C-3 Bust- subject property fors of Colorado, the WAY OF STATE HIGH- 02°27'50" EAST 324.65 ness Commercial. annexation and zon•I Board of Trustees WAY 119; THENCE FEET TO A POINT ON The zoning requested .Ing, If requested in may pass one or ALONG SAID SOUTH THE THE NORTH RIGHT OF is Planned Unit Dent-; the rfon;and ! more ordinances an- RIGHT OF WAY THE WAY OF STATE HIGH- opment with Regional WHEREAS, the Board I noxing the subject FOLLOWING EIGHT (8) WAY 119; THENCE DE- Commercial (RC) land of Trustees has re-, property to the Town COURSES AND DRS•. PARTING SAID NORTH uses viewed the petition of Firestone, .and will' TANG ES: THENCE' RIGHT OF WAY and desires to' adopt pass one or more or- NORTH 50°29'34` SOUTH 04'01'19` EAST by Resolution its find- dinances zoning the WEST 10.13. FEET; 110.22 FEET TO THE Inge in regard to the subject property if re- THENCE SOUTH TRUE POINT OF BE- petition. 'quested In the yeti- 89'28'56` WEST 254.66 GINNING. NOW, THEREFORE, BE don. FEET; THENCE SOUTH IT RESOLVED BY THE INTRODUCED, READ, 00°43'02` EAST 7.92 THE TOTAL DE- BOARD OF TRUSTEES and ADOPTED this FEET; THENCE SOUTH TA LAND CON- OF THE TOWN OF 24th day of August, 89°27'10" WEST 12.89 42INSED 9' AN AREA RE F FIRESTONE, COLO- '2011. FEET; THENCE NORTH F OB /s/Chad Auer 88°04'13` WEST 185.53 FEET OR 9.664 SQUARE ACRES, MORE OR Mayor FEET; THENCE SOUTH ATTEST: 85'48'54' WEST 89.48 Pub'is/Judy Hopwood FEET; THENCE SOUTH Longmont, Colorado on Town Clerk 83°48'32` WEST 203.53 Longmont, FEET; THENCE SOUTH 1 29, 'September 4.11 a 89'30'32` WEST 514.34 4, 1 and 18,2011 FEET; adN5523116 Hello