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HomeMy WebLinkAbout952173.tiffTown of Firestone 150 Buchanan • P.O. Box 100 • Firestone, CO • 80520-0100 • (303) 833-3291 October 12, 1995 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 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 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 Weld County Tri-Area Sanitation District P.O. 213 Frederick, CO 80530 Frederick Area Fire Protection District 31 Walnut Frederick, CO 80530 l 74,1))/7. / /C //f -- n co ea )JPct)So3Cr-1;6A 952173 Annexation Notice October 12, 1995 Page 2 AT&T Carlene Green 2535 E. 40th Ave. Denver, CO 80205 Dear Sir or Madam: Please find enclosed notification of a proposed annexation to the Town of Firestone, Colorado, to be known as the Gillespie Annexation, containing a copy of the published notice, and a copy of the resolution and the petition for annexation. A public hearing on the annexation petition has been set for November 9, 1995 as more fully described in the enclosed materials. TOWN OF FIRESTONE, COLORADO Trudy Peterson Town Clerk RESOLUTION NO. A-95-4 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF CERTAIN PROPERTY, TO BE KNOWN AS THE GILLESPIE ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property, to be known as the Gillespie 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 of Trustees have 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 X31-12-107(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 Avenue, Firestone, Colorado 80520, at the following date and time: November 9, 1995 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 r 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 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. Section B. Town of Firestone Resolution A-95-3 is hereby repealed in its entirety. INTRODUCED, READ AND ADOPTED this j'yf day of, 1995. Rick Patterson Mayor ATTEST: Trudy Peterson Town Clerk 083195/832tssr)c:fireston\aillespi.res 2 EXHIBIT A RESOLUTION NO. A-95-4 LEGAL DESCRIPTION Legal Description of a tract of land being a portion of. the Northeast Quarter of Section 30 Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the North Quarter Corner of said Section 30 and considering the North line of the Northeast Quarter' of said Section 30 as bearing North 90°00'00" East and with all bearings contained herein relative thereto; thence along said North line North 90°00'00" East 660.21 feet; thence departing said North line South 00°36'10" East 30.00 feet to a point on the South right-of- way line of County Road 18; said point being the TRUE POINT OF BEGINNING; thence along said right-of-way line North 90°00'00" East 1950.55 feet to a point on the West right-of-way line of County Road 15;.thence along said right-of-way line South 00°28'48" East 1,437.29 feet to a point on the Northerly line of that certain parcel of land described in deed, recorded in Book 767, under Reception Number 1688928, records of said county; thence along the North, West and South lines of said parcel the following 3 courses and distances: North 90°00'00" West 300.00 feet; thence South 00°28'48" East 528.00 feet; thence North 90°00'00" East 300.00 feet to a point on the West right-of-way line of said County Road 15; thence along said right-of-way line South 00°28'48" East 645.61 feet to a point on the East-West centerline of said Section 30; thence along said East-West centerline South 89°40'54" West 1,615.73 feet to a point on the East line of Globe Subdivision Second Filing according to the plat on file in the office of the clerk and recorder, records of said County and as evidenced by monuments in the field; thence along said East line North 00°34'57" West 662.94 feet to a point on the North line of said Globe Subdivision Second Filing; thence along said North line South 89°46'25" West 329.38 feet to a point on the East line of said Globe Subdivision Second Filing; thence along said East line and along the East line of Globe Addition to the Town of Firestone according to the plat on file in the office of the clerk and recorder, records of said County North 00°36' 10" West 1958.29 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 108.332 acres more or less. RESOLUTION NO. A-95-4 A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF CERTAIN PROPERTY, TO BE KNOWN AS THE GILLESPIE ANNEXATION, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property, to be known as the Gillespie 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 of Trustees have 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. C.R.S. No election is required under §31-12-107(2), 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 Avenue, Firestone, Colorado 80520, at the following date and time: November 9, 1995 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 of Trustees 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. Section 8. Town of Firestone Resolution A-95-3 is hereby repealed in its entirety. INTRODUCED, READ AND ADOPTED this //7/t day of�, 1995. ATTEST: Trudy Peterson Town Clerk 083155/832[sarl c: firestor.\cillespi.res 2 c Rick Patterson Mayor EXHIBIT A RESOLUTION NO. A-95-4 LEGAL DESCRIPTION Legal Description of a tract of land being a portion of. the Northeast Quarter of Section 30 Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the North Quarter Corner of said Section 30 and considering the North line of the Northeast Quarter' of said Section 30 as bearing North 90°00'00" East and with all bearings contained herein relative thereto; thence along said North line North 90°00'00" East 660.21 feet; thence departing said North line South 00°36' 10" East 30.00 feet to a point on the South right-of- way line of County Road 18; said point being the TRUE POINT OF BEGINNING; thence along said right-of-way line North 90°00'00" East 1950.55 feet to a point on the West right-of-way line of County Road 15;.thence along said right-of-way line South 00°28'48" East 1,437.29 feet to a point on the Northerly line of that certain parcel of land described in deed, recorded in Book 767, under Reception Number 1688928, records of said county; thence along the North, West and South lines of said parcel the following 3 courses and distances: North 90°00'00" West 300.00 feet; thence South 00°28'48" East 528.00 feet; thence North 90°00'00" East 300.00 feet to a point on the West right-of-way line of said County Road 15; thence along said right-of-way line South 00°28'48" East 645.61 feet to a point on the East-West centerline of said Section 30; thence along said East-West centerline South 89°40'54" West 1,61533 feet to a point on the East line of Globe Subdivision Second Filing according to the plat on file in the office of the clerk and recorder, records of said County and as evidenced by monuments in the field; thence along said East line North 00°34'57" West 662.94 feet to a point on the North line of said Globe SubdiVision Second Filing; thence along said North line South 89°46'25" West 329.38 feet to a point on the East line of said Globe Subdivision Second Filing; thence along said East line and along the East line of Globe Addition to the Town of Firestone according to the plat on file in the office of the clerk and recorder, records of said County North 00°36'10" West 1958.29 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 108.332 acres more or less. 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 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//l�and the State of Colorado, and to be known as the (4i4tfs iib Annexation to the Town. 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 to the Town. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met in that: a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town or will be contiguous with the Town 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. 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. 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. f. 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 1 g. 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. 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 more than three miles in any direction from any point of the boundary of the Town in any one year. /dl: 3.?4 j. The territory proposed to be annexed is 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)(e), 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; 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 platted 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 but is not bounded on both sides by the Town. ' 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 2 proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are 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 engineer; 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 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, except for general property taxes of the Town, which shall be come effective as of the January 1 next ensuing. 6. The zoning classif'cation requested for the area proposed to be annexed is /Anwar 7o <47r, 57-/3-9.1.-' 7. If required by the Town, an annexation agreement has been or will be executed by the petitioners herein and the Town relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. WHEREFORE, the petitioners, whose signatures are 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: 071195/1738(tat]c: fi restone\annexpet.frm 3 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That (he:osche) was the circulator of the foregoing Petition for Annexation of lands to the Town of Firestone, Colorado, consisting of 6 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circulator TIMOTHY W. HASLER ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF LARIMER ) )ss ) The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 14th day of September , 1995 Witness my hand and official seal. 11/10/98 My commission expires on: (SEAL) 0,1,c k• c n/ Notary Public 125 South Howes, Sixth Floor Fort Collins, CO 80521 Address 5 80'd 01:11 fiHi 96-VI-d3S 09/14/95 09:06 ''303 567 5296 ;..: i'..,!5'.ii i.:i cc . 002/01/2 Legal Description of a tract of land being a portion of the Northeast Quarter of Section 30 Township 2 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the North Quarter Corner of said Section 30 and considering the North line of the Northeast Quarter' of said Section 30 as bearing North 90°00'00" East and with all beatings contained herein relative thereto; thence along said North line North 90°00'00" East 660.21 feet; thence departing said North line South 00°36' 10" East 30,00 feet to a point on the South right-of- way line of County Road 18; said point being the TRUE POINT OF BEGINNING; thence along said right-of-way line North 90°00'00" East 1950.55 feet to a point on the West right-of-way line of County Road 15;.thence along said right-of-way line South 00°28'48" East 1,437.29 feet to a point on the Northerly line of that certain parcel of land described in deed, recorded in Book 767, under Reception Number 1688928, records of said county; thence along the North, West and South lines of said parcel the following 3 courses and distances: North 90°00'00" West 300,00 feet; thence South 00°28'48" East 528.00 feet; thence North 90°00'00" East 300.00 feet to a point on the West right-of-way line of said County Road 15; thence along said right-of-way line South 00°28'48" East 645.61 feet to a point on the East-West centerline of said Section 30; thence along said East-West centerline South 89°40'54" West 1,615.73 feet to a point on the East line of Globe Subdivision Second Filing according to the plat on file in the office of the clerk and recorder, records of said County and as evidenced by monuments in the field; thence along said East line North 00°34'57" West 662.94 feet to a point on the North line of said Globe Subdivision Second Filing; thence along said North line South 89°46'25" West 329.38 feet to a point on the East line of said Globe Subdivision Second Filing; thence along said East line and along the East line of Globe Addition to the Town of Firestone according to the plat on file in the office of the clerk and recorder, records of said County North 00°36'10" West 1958.29 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 108.332 acres more or less. Hello