HomeMy WebLinkAbout960363.tiff RESOLUTION
RE: AUTHORIZE CHAIR TO SIGN PETITION FOR ANNEXATION TO BOARD OF TRUSTEES
OF TOWN OF FIRESTONE, COLORADO - FIRESTONE FIRST, SECOND, AND THIRD
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Petition for Annexation to the Board of
Trustees of the Town of Firestone, Colorado, for Firestone First, Second, and Third, from the County
of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County,
with terms and conditions being as stated in said petition, and
WHEREAS, after review, the Board deems it advisable to approve said petition, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Petition for Annexation to the Board of Trustees of the Town of Firestone,
Colorado, for Firestone First, Second, and Third, from the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said petition.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of March, A.D., 1996.
BOARD' ,
OF COUNTY COMMISSIONERS
5\1 igi it glin ,LKirkrne* fr
,Ni �y"'" ty Clerk to the Board%WQ Q�,�
� e . Baxter, r - em�
co �t Clerk . the Board
U ' Y
Dale K. Hall
7
A ED AS TO FORM: �� , Rte,. a ,>5 ,�. ,
r------ Constance L. Harbert
ounty Attorney o ,1:S/,J & lifr.-" it I'
W. H. Webster
960363
?G: CR BC0025
,r
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
Firestone First , Second , and Third 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 to the Town of
Firestone .
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 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.
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
Page 1 of 8 pages
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 .
j . The territory proposed to be annexed is 42 . 89
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 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 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
of Firestone but is not bounded on both sides by
the Town of Firestone .
m. County Commissioners agree that any requirement for
the preparation of an impact report pursuant to
Section 31-12-108 . 5 , C. R. S . be waived .
Page 2 of 8 pages
960363
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 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 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, if
applicable .
6 . The zoning classification requested for the area proposed
to be annexed is R-1
The petitioners agree that said annexed land shall be
brought under the provisions of Title 17 of the Firestone
Municipal Code within ninety ( 90 ) days from the effective
date of the annexation ordinance .
7 There shall be no duty or obligation upon the Town of
Firestone to furnish water or sanitary sewer facilities
Page 3 of 8 pages
960363
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 . Petitioner reserves the right to withdraw this Petition
for Annexation at any time prior to the adoption of the
ordinance annexing the property to the Town of Firestone.
WHEREFORE, the petitioner, a non-resident landowner of the area
proposed to be annexed, described in Exhibit A attached hereto and
incorporated into this Petition by this reference, for the legal
description of the land owned by this signer, respectfully requests
the Town of Firestone, acting through its Board of Trustees,
approve the annexation of the area proposed to be annexed.
Dated: March 11, 1996
Landowner/Petitioner:
4 EL /
Le
<<. •y S'� O Barbara J. Ki kmeyer, Chair
Weld County Board of
issi C my Clerk to the Board Commissioners
915 10th Street
x +-`� i, �_� P. O. Box 758
®r� lSN . rtputy U4-rk to the Board Greeley, Colorado 80632
Page 4 of 8 pages
960363
AFFIDAVIT OF CIRCULATOR
The undersigned , being of lawful age , who being first duly
sworn upon oath deposes and says :
That (he or she ) was the circulator of the foregoing Petition
for Annexation of lands to the Town of Firestone , Colorado ,
consisting of R pages , including this page and that each
signature thereon was witnessed by you affiant and is he true
signature of the person whose name it r orts to e
Circul tor
ACKNOWLEDGEMENT
STATE OF COLORADO
ss
COUNTY OF WELD
The above and foregoing Affidavit of Circulator was subscribed
and sworn to before me this 11th day of March , 19 96 .
WitneNas Ati hand and official seal .
MY C0'.^MISS
JAMARY. 10, 1999
My commission expires on:
No ary P bl '
915 10th Street
Address
Greeley, Colorado 80631
q,os
(ISJA )
,r `
Page 5 of 8 pages 960363
•
EXHIBIT A-1
FIRESTONE FIRST ANNEXATION
LEGAL DESCRIPTION
A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTIONS 18 AND 19 ,
T2N, R67W, AND SECTION 13 , T2N, R68W, ALL OF THE 6TH P.M. , WELD
COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
18 AS BEARING N 88°48 ' 00" W AS DETERMINED AS GPS OBSERVATIONS OF
MONUMENTS AT THE SOUTHEAST CORNER AND AT THE SOUTH QUARTER CORNER
OF SAID SECTION 18 .
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18 ; THENCE S
01°12 ' 00" W 30 . 00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
COUNTY ROAD 20 ; THENCE ALONG SAID LINE N 88°48 ' 00" W 2635 . 81 feet ;
THENCE N 88°49 ' 50" W 2357 . 04 FEET; TO A POINT ON THE EAST RIGHT-OF-
WAY LINE OF COUNTY ROAD 13 ; THENCE ALONG SAID LINE S 00° 17 ' 41" W
2614 . 40 FEET; THENCE DEPARTING FROM SAID LINE N 89°42 ' 19" W 30 . 00
FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 19 ; THENCE ALONG SAID LINE N 00° 17 '41 " E 2644 . 86 FEET TO
THE SOUTHEAST CORNER OF SAID SECTION 13 ; THENCE ALONG THE SOUTH
LINE OF SAID SECTION 13 , N 89°52 ' 39" W 4470 . 57 FEET; THENCE
DEPARTING FROM SAID LINE N 00°07 ' 21" E 30 . 00 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20 ; THENCE ALONG SAID LINE
S 89°52 ' 39" E 4440 . 64 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF COUNTY ROAD 13 ; THENCE ALONG SAID LINE N 00° 15 ' 26" E 2586 . 70
FEET; THENCE N 00°15 ' 18" E 2586 . 92 FEET; THENCE DEPARTING FROM SAID
LINE S 89°16 ' 16" E 60 . 00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF COUNTY ROAD 13 ; THENCE ALONG SAID LINE S 00° 15 ' 18" W
2586 . 43 FEET; THENCE S 00° 15 ' 26" W 2587 . 11 FEET TO A POINT ON THE
NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20 • THENCE ALONG SAID LINE
S 88°49 ' 50" E 2357 . 99 FEET; THENCE S 88648 ' 00" E 2635 . 83 FEET;
THENCE DEPARTING FROM SAID LINE S 01°12 ' 00" W 30 . 00 FEET TO THE
BEGINNING.
The above described tract contains 18. 92 acres +or- .
Page 6 of 8 pages 960363
•
EXHIBIT A-2
FIRESTONE SECOND ANNEXATION
LEGAL DESCRIPTION
A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTIONS 13 , 14 , 23
AND 24 , T2N, R68W, OF THE 6TH P.M. , WELD COUNTY, COLORADO. BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION
24 AS BEARING S 00°17 ' 41 " W AS DETERMINED BY GPS OBSERVATIONS OF
MONUMENTS AT THE NORTHEAST CORNER AND AT THE SOUTHEAST CORNER OF
SAID SECTION 24 , AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO.
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 24 ; THENCE ALONG
THE EAST LINE OF SAID SECTION S 00°17 ' 41 " W 2644 . 86 FEET; THENCE
DEPARTING FROM SAID LINE N 89°42 ' 19" W 30 . 00 FEET TO A POINT ON THE
WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 13 ; THENCE ALONG SAID LINE N
00°17 ' 41" E 2614 . 77 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE
OF COUNTY ROAD 20 ; THENCE ALONG SAID LINE N 89°52' 39" W 5265 . 77
FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 11 ;
THENCE ALONG SAID LINE S 00°09 ' 47" E 2617 . 68 FEET; THENCE DEPARTING
FROM SAID LINE S 89°49 ' 42" W 60 . 00 FEET TO A POINT ON THE WEST
RIGHT-OF-WAY LINE OF COUNTY ROAD 11 ; THENCE ALONG SAID LINE N
00°09 '47" W 2647 . 99 FEET TO A POINT ON THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 14 ; THENCE ALONG SAID LINE N
89°52 ' 19" W 2621 . 43 FEET; THENCE ALONG THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 14 N 89°49 ' 13" W 2595 . 45 FEET TO
A POINT ON THE EAST LINE OF THE 1-25 RIGHT-OF-WAY; THENCE ALONG
SAID LINE N 00° 11 ' 08" E 30 . 00 FEET TO A POINT ON THE NORTH RIGHT-
OF-WAY LINE OF COUNTY ROAD 20 ; THENCE ALONG SAID LINE S 89°49 ' 13"
E 2595 . 43 FEET; THENCE S 89°52 ' 19" E 2621 . 29 FEET TO A POINT ON THE
WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 11 ; THENCE ALONG SAID LINE N
00°07 ' 34" W 2619 . 72 FEET; THENCE N 00°08 ' 16" W 2621 . 08 FEET; THENCE
DEPARTING FROM SAID LINE S 89°51 ' 44" E 60 . 00 FEET TO A POINT ON THE
EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 11 ; THENCE ALONG SAID LINE S
00°08 ' 16" E 2621 . 08 FEET; THENCE S 00°07 ' 34" E 2619 . 99 FEET TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE
ALONG SAID LINE S 89°52 ' 39" E 825 . 58 FEET; THENCE DEPARTING FROM
SAID LINE S 00°07 ' 21 " W 30 . 00 FEET TO A POINT ON THE SOUTH LINE OF
SAID SECTION 13 ; THENCE ALONG SAID LINE S 89°52 ' 39" E 4470 . 57 FEET
TO THE BEGINNING.
The above described tract contains 20 . 52 Acres +or-.
Page 7 of 8 pages
960363
EXHIBIT A-3
FIRESTONE THIRD ANNEXATION
LEGAL DESCRIPTION
A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTION 23 , T2N,
R68W, OF THE 6TH P.M. , WELD COUNTY, COLORADO. BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
23 AS BEARING N 89°52 ' 19" W AS DETERMINED BY GPS OBSERVATIONS OF
MONUMENTS AT THE SOUTHEAST CORNER AND AT THE SOUTH QUARTER CORNER
OF SAID SECTION 14 . AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23 ; THENCE ALONG
THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 23 N
8.9°52' 19" W 30 . 00 FEET TO THE TRUE POINT OF BEGINNING; THENCE
DEPARTING FROM SAID LINE S 00°09 ' 47" E 30 . 00 FEET TO A POINT ON THE
SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20 ; THENCE ALONG SAID LINE
N 89°52' 19" W 2621 . 60 FEET; THENCE N 89°49 ' 13" W 2395 . 46 FEET TO THE
EAST LINE OF THE 1-25 RIGHT-OF-WAY; THENCE ALONG SAID LINE N
00°10 ' 47" E 30 . 00 FEET TO A POINT ON THE NORTH LINE OF THE
NORTHWEST QUARTER OF SECTION 23 ; THENCE ALONG SAID LINE S 89°49 ' 13"
E 2395 . 44 FEET; THENCE S 89°52 ' 19" E 2621 . 43 FEET TO THE TRUE POINT
OF BEGINNING.
The above described tract contains 3 . 45 Acres +or- .
Page 8 of 8 pages
960363
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