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Home My WebLink About960947.tiff FIRESTONE Town of Firestone 150 Buchanan • P.O. Box 100 • Firestone, CO • 80520.0100 • (303) 833-3291 April 25, 1996 Clerk of the Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Weld County Attorney P.O. Box 1948 Greeley, CO 80632 •.9 St . Vrain Sanitation District - Lee Lawson, District Manager 515 Kimbark Street, #109 Longmont, CO 80501 St . Vrain Valley School District 395 S . Pratt Parkway Longmont, CO 80501 St . Vrain and Left Hand Water Conservancy District 9595 Nelson Road Longmont, CO 80501 Central Weld County Water District 2235 2nd Avenue Greeley, CO 80544 Carbon Valley Recreational District 555 8th Street P.O. Box 119 Frederick, CO 80530 Weld Library District 2227 23rd Avenue Greeley, CO 80631 Town of Frederick P.O. Box 435 Frederick, CO 80530 City of Dacono P.O. Box 186 Dacono, CO 80514 i �i (ay 960947 �' 7� ee,: / 671enec�)nt ; C/-1; ;so Annexation Notice April 25, 1996 Page 2 Weld County Tri-Area Sanitation District P .O. 213 Frederick, CO 80530 Frederick Area Fire Protection District 31 Walnut Frederick, CO 80530 Northern Colorado Water Conservancy District P.O. Box 679 Loveland, CO 80539 Tri-Area Ambulance District P .O. Box 708 Frederick, CO 80503 Mountain View Fire Protection District 9119 County Line Road Longmont, CO 80501 Dear Sir or Madam: Please find enclosed notification of a proposed annexation to the Town of Firestone, Colorado, to be known as the Dittmer Annexation. A hearing on the annexation petition has been set for May 23 , 1996, as more fully described in the enclosed Notice and Resolution. TOWN OF FIRESTONE T. L. Peterson Town Clerk PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the Town of Firestone and its Board of Trustees for annexation to the Town of Firestone of the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to be known as the Dittmer Annexation to the Town of Firestone. As part of this petition,your petitioners further state to the Board of Trustees that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed by the Town of Firestone . 2. The requirements of Sections 31-12-014 and 31-12-105, C.R.S., as amended, exist or have been met in that: a. Not less that 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 as required by Section 31-12-104. 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 the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road,or other public way. 1. 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, comprises 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 landowner or 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. - 1 - r. U.} j. The territory proposed to be annexed is 42.2 acres in total area. k. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105(1) (3), C.R.S., which generally describes the proposed location,character,and extent of streets,subways,bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities,and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Firestone;and the proposed land uses for the area; such plan to be updated at least once annually. 1. In establishing the boundary of the area proposed to be annexed, if a portion of a planed street or alley is to be annexed, the entire width of the street or alley has been included within the area annexed, 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. If required, an impact report will be prepared and filed pursuant to Section 31-12- 108.5,C.R.S. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one-hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4. Accompanying this petition arc four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared by and containing the seal of a registered land surveyor, 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; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the Town of Firestone and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone,except for general property taxes of the Town of Firestone, which shall become effective as of the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Planned Development. The titioners agree that said annexed land be brought under the provisions of Town of Firestone Municipal shall Code within ninety (90) days from the effective date of the annexation ordinance. - 2 - F.r..K ht..) N. U9 7. There shall be no duty or obligation upon the Town of Firestone to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the Town, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the Town. 8. If required by the Town,an annexation agreement has been or will be executed by the petitioners herein and the Town of Firestone relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 9. The petitioners agree to the following terms and conditions,which shall be covenants running with the land, and which may, at the option of the Town, appear on the annexation map: a. Water rights shall be provided pursuant to Town ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other. WHEREFORE, the petitioners, whose signatures arc on the signature sheet on the next page, respectfully request that the Town of Firestone,acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. - 3 - - ' V 001 0 / �MW 1.1 0CI 0 . i� t u 14 \j (� u c43 g g pa � 41-4 0 IA 0 0000.10 . 0«%{2142% R$ • � . -_ � , II 4727%— . H0000 0 e o - 4OC 000W101.42 » ; I . 4C § § CS - e en k 4)(40 c = C 0 gc% 2 � / L , § �smckl .. u o S [ to | 7al§ � _ § § S § ) & , J ` § k ] \ \ \ 223 & § - /r - IO§ •' 2° j ( \ ) o ! o w = m 814%{ . - • t • fWi 0 0100 _ _ b § �\ of y� kB . t§ - m) gird %! n «--u . r. D0 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Firestone, Colorado,consisting of 2 pages, including this page and that each signature thereon was witnessed by your aftiant and is the true signature of the person whose name it purports to be. Gordon G. Ballinger - Circul• or ACKNOWLEDGMENT STATE OF COLORADO SS Q COUNTY OF CJ°`•'AE-Y The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 2.2"‘‘ day of , 199" Witness my hand and official seal. My commission expires on :aljkl 1`� (� 1q �� -}-04-e4 if try Public 605 (1) S (�� fk" • Address f uo t. C d 8-0°43 (SEAL) - 5 - U' GKtt16 rT f4 ANNEXATION LEGAL DESCRIPTION A parcel of land situated in the Northwest quarter of Section 24, Township 2 North. Range 68 West of the 6th P.M., County of Weld. State of Colorado. being more particularly described as follows: Beginning of o point 30.00' Southerly and 30.00' Easterly of the Northwest corner of Section 24. Thence 589'42'53"E 2554.03 feet along the South Right-of -Way line of Weld Covnt4 Rood No. 20 to o point being 80.00 feet West and parallel to the East Lind of the Northwest Quarter. Thence S00' 14'03"W 7.32.91 feel, parallel to the east line of said Northwest quarter; Thence NB9'42'53"W 1167.74 feet to o point on the centerline al a concrete ditch; Thence along the centerline of said ditch, S01'37'50"W 84.71 feet; Thence N89'42'53"W 7. 59.79 feet: Thence NOO'O1 '20"W 199.07 feet; thence N89'42'53"W 650.78 feet to o point 30.00' easterly of the West line of said Northwest quarte': Thence along the Easterly Right—of—Way line of Weld County Rood No.11 , NOO'01 '20"W 618.54 feel to the POINT OF BEGINNING. Containing 42.79 acres, more or less. RESOLUTION NO. 96-8 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF CERTAIN PROPERTY, TO BE KNOWN AS THE DITTMER ANNEXATION WHEREAS, a petition for annexation of certain property, to be known as the Dittmer Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the Board has reviewed the petition; and WHEREAS, the Board wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board has reviewed the petition and desires to adopt by this 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, 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 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 §31-12-104 , C.R. S . and with §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, 150 Buchanan Street, Firestone, Colorado 80520, at the following date and time: May 23 , 1996 7 : 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 1 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 will 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, SIGNED AND APPROVED this 28th day of March, 1996 . TOWN OF FIRESTONE, COLORADO By: /eLci Rick Patterson Mayor ATTEST: B '.yL �rFt.�a� T. L. Peterson Town Clerk 2 EXHIBIT A RESOLUTION NO. 96-8 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 24 , TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT 30 . 00' SOUTHERLY AND 30 . 00' EASTERLY OF THE NORTHWEST CORNER OF SECTION 24 . THENCE S 89°42' 53" E 2554 . 03 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 20 TO A POINT BEING 80 . 00 FEET WEST AND PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER. THENCE S 00°14' 03 " W 732 . 91 FEET, PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE N 89°42' 53" W 1167 . 74 FEET TO A POINT ON THE CENTERLINE OF A CONCRETE DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH, S O1°37' 50" W 84 . 71 FEET; THENCE N 89°42' 53" W 759 . 79 FEET; THENCE N 00°01' 20" W 199 . 07 FEET; THENCE N 89°42' 53" W 650 . 78 FEET TO A POINT 30 . 00' EASTERLY OF THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11, N 00°01' 20" W 618 . 54 FEET TO THE POINT OF BEGINNING. CONTAINING 42 . 79 ACRES, MORE OR LESS. 040496/1222[sar]c:firestor.\ditanxsc.res 3 TOWN OF FIRESTONE, COLORADO NOTICE OF PUBLIC HEARINGS BEFORE THE FIRESTONE BOARD OF TRUSTEES ON A PROPOSED ANNEXATION AND ZONING OF PROPERTY Notice is hereby given that the Board of Trustees of the Town of Firestone will hold a Public Hearing commencing at 7 : 30 p.m. , May 23 , 1996, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, CO 80520 . The purpose of the Public Hearing will be to determine whether certain property for which a petition for annexation has been filed by G. L. Dittmer, to be known as the Dittmer Annexation, meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town, and to determine the zoning for the proposed annexation. The zoning requested in the annexation petition is "Planned Unit Development. " Any person may appear at the Public Hearing and be heard regarding the matters under consideration. Copies of the petition and the resolution finding that the petition is in substantial compliance with the applicable laws of the State of Colorado are on file and available for public inspection in the office of the Town Clerk, 150 Buchanan Avenue, Firestone, CO 80520 . Dated this 4th day of April, 1996 . TOWN OF FIRESTONE, COLORADO By: T. L. Peterson Town Clerk Publication Dates : April 10 , April 17, April 24 , and May 1, 1996 RESOLUTION NO. 96-8 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF CERTAIN PROPERTY, TO BE KNOWN AS THE DITTMER ANNEXATION WHEREAS, a petition for annexation of certain property, to be known as the Dittmer Annexation, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the Board has reviewed the petition; and WHEREAS, the Board wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition; and 1 WHEREAS, the Board has reviewed the petition and desires to adopt by this 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, 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 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 §31-12-104, C.R.S. and with §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, 150 Buchanan Street, Firestone, Colorado 80520, at the following date and time : May 23 , 1996 7 : 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. 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 will 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, SIGNED AND APPROVED this 28th day of March, 1996 . TOWN OF FIRESTONE, COLORADO 2 By: Rick Patterson Mayor ATTEST: By: T. L. Peterson Town Clerk EXHIBIT A RESOLUTION NO. 96-8 LEGAL DESCRIPTION A PARCEL OF LAND SITUATED IN THE NORTHWEST QUARTER OF SECTION 24 , TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT A POINT 30 . 00' SOUTHERLY AND 30 . 00' EASTERLY OF THE NORTHWEST CORNER OF SECTION 24 . THENCE S 89°42' 53 " E 2554 . 03 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 20 TO A POINT BEING 80 . 00 FEET WEST AND PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER. THENCE S 00°14' 03" W 732 . 91 FEET, PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE N 89°42 ' 53" W 1167 . 74 FEET TO A POINT ON THE CENTERLINE OF A CONCRETE DITCH; THENCE ALONG THE CENTERLINE OF SAID DITCH, S O1°37' 50" W 84 . 71 FEET; THENCE N 89°42' 53" W 759 . 79 FEET; THENCE N 00°01' 20" W 199 . 07 FEET; THENCE N 89°42' 53" W 650 . 78 FEET TO A POINT 30 . 00' EASTERLY OF THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11, N 00°01' 20" W 618 . 54 FEET TO THE POINT OF BEGINNING. CONTAINING 42 . 79 ACRES, MORE OR LESS . 040496/1213[sar]c:fireston\ditanx.ntc 3 Hello