HomeMy WebLinkAbout970272.tiffRESOLUTION
RE: APPROVE TWO PETITIONS FOR ANNEXATION OF WELD COUNTY ROAD 22
BETWEEN WELD COUNTY ROAD 15 AND 1-25 TO THE TOWN OF FIRESTONE AND
AUTHORIZE CHAIR TO SIGN
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, by Resolution #961798 dated October 2, 1996, the Board approved a
petition for annexation of a portion of Weld County Roads 15 and 20 to the Town of Firestone,
by virtue of the Firestone Fifth Annexation, and
WHEREAS, the Town of Firestone did not act upon the previous request for annexation
and subsequently withdrew its request concerning said petition for Firestone Fifth Annexation,
and
WHEREAS, the Board has been presented with two Petitions for Annexation of Weld
County Road 22 to the Town of Firestone, by virtue of a new Firestone Fifth Annexation and the
Firestone Sixth Annexation, and
WHEREAS, after review, the Board deems it advisable to approve said petitions, copies
of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the two Petitions for Annexation of Weld County Road 22 between
Weld County Road 15 and 1-25 to the Town of Firestone, known as Firestone Fifth Annexation
and Firestone Sixth Annexation, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said petitions.
BE IT FURTHER RESOLVED by the Board that Resolution #961798, dated October 1,
1996, be, and hereby is, repealed.
(1.e: Pm); ioz_j ; r7/e63¢cnr_
970272
EG0036
TWO PETITIONS FOR ANNEXATION - FIRESTONE FIFTH AND SIXTH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of February A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
ATTE
Wel
BY
APP
AS TO FORM:
oard
ounty Attorney
WELD CUNTY, COLORADO
E Baxter
Ch
air
hair
(i9>15��
tance L. Harbert. Pra}Tem
Dale K. Hall
FXCl1SFf) f)ATF OF SIC;NINC;
Barbara J. Kirkmeyer
W. H: Webster
I
(AYF)
970272
EG0036
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 Fifth 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
which, together with the buildings and improvements
970272
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 territoryto 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 10.48 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. If required, an impact report will be prepared and
filed pursuant to Section 31-12-108.5, C.R.S.
9'702'72
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.
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
to the area proposed to be annexed. Such services will
970272
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 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:
Dated: FEBRUARY 10, 1997
ATTEST:
Weed C
eputy
Landowner/Petitioner:
By:
GEORGE E. BAXTER, CHAIR
Weld County Board of
Commissioners
915 10th Street
P.O. Box 758
Greeley, CO 80632
970272
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 pages, including this page and that each
signature thereon was witnessed by yomr affiant and 's the true
signature of the person whose name itfpurports tp be.
STATE OF COLORADO
COUNTY OF ILL",
ACKNOWLEDGEMENT
ss
)
Circulator
The above and foregoing Aff'davit of Circulator was subscribed
and sworn to before me this ay of _44-..eftl , 1997
Witness my hand and official seal.
MY COMMISSION ECPiRES JUNE 8, 1998
My commission expires on:
7&i4.ary Pubc"-S_
Ida s Q �� trD63/
970272
FIRESTONE kill 111 ANNEXATION
LEGAL DESCRIPTION
A tract of land situate in Sections 7 and 18, T2N, R67W, and Section 12, 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 7 as bearing
N 89°15'55" Was determined by monuments found at the SouthEast corner and South
Quarter Corner of said Section 7, and with all bearings contained herein relative thereto.
Commencing at the South East Corner of said Section 7; thence N 89°15'55" W 30.00 feet
to a point on the West Right -of -Way line of County Road 15 said point being the TRUE
POINT OF BEGINNING; thence along said line S 00°10'34" W 30.00 feet to a point on
the South Right -of -Way line of County Road 22; thence along said line N 89°15'55" W
2591.91 feet; thence N 89°30'42" W 2335.43 feet to a point on the West line of the
NorthWest Quarter of said Section 18; thence along said line N 00°15'23" E 30.00 feet to
the SouthEast Corner of said Section 12; thence along the South line of said Section 12,
N 89°09'34" W 2662.71 feet to the South Quarter Corner of said Section 12; thence
N 89°09'28" W 2699.43 feet to the SouthWest Corner of said Section 12; thence along
the West line of the SouthWest Quarter of said Section 12, N 00°05'29" W 30.00 feet to a
point on the North Right -of -Way line of County Road 22; thence along said line
S 89°09'28" E 2699.91 feet; thence S 89°09'34" E 2662.62 feet to the East line of the
SouthEast Quarter of said Section 12; thence continuing along the North Right -of -Way
line of County Road 22, S 89°30'42" E 2335.59 feet; thence S 89°15'55" E 2591.45 feet
to a point on the West Right -of -Way line of County Road 15; thence along said line
S 00°10'34" W 30.00 feet to the TRUE POINT OF BEGINNING.
The above described tract contains 10.48 Acres ±.
970272
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 Sixth 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
which, together with the buildings and improvements
970272
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 10.84 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. If required, an impact report will be prepared and
filed pursuant to Section 31-12-108.5, C.R.S.
970277
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.
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
to the area proposed to be annexed. Such services will
970272
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 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:
Dated:
ATTES
Weld
997
he Board
eputy Clerk to the Boa
Landowner/Petitioner:
By:
4-41
'GEORCE E. BAXTER, CHAIR
Weld County Board of
Commissioners
915 10th Street
P.O. Box 758
Greeley, CO 80632
970272
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 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 pu'?orts to b
STATE OF COLORADO
COUNTY OF
ACKNOWLEDGEMENT
ss
The above and foregoing Affidavit of Circulator was subscribed
and sworn to before me this A -day of dad-t.ua,4_cr , 19 ?� .
Witness my hand and official seal.
My commission expires on: MY COMMISSION EXPttS JUNE 8, 1998
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970272
FIRESTONE SIXTH ANNEXATION
LEGAL DESCRIPTION
A tract of land situate in Sections 11, 13 and 14, T2N, R68W, all 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 13 as bearing
N 89°09'34" W as determined by monuments found at the NorthEast Corner and North
Quarter Corner of said Section 13, and with all bearings contained herein relative thereto.
BEGINNING at the North East Corner of said Section 13; thence S 00°15'23" W 30.00
feet to a point on the South Right -of -Way line of County Road 22; thence along said line
N 89°09'34" W 2663.02 feet; thence N 89°09'28" W 2699.32 feet to the West line of the
NorthWest Quarter of said Section 13; thence continuing along the South Right -of -Way
line of County Road 22, N 89°34'33" W 1308.88 feet; thence N 89°34'14" W 1309.02
feet; thence N 89°39'06" W 1310.46 feet; thence N 89°38'55" W 1261.15 feet to a point
on the East Right -of -Way line of I-25; thence along said line N 01°34'05" E 60.01 feet to
a point on the North Right -of -Way line of County Road 22; thence along said line
S 89°38'55" E 1259.88 feet; thence S 89°39'06" E 1310.51 feet; thence S 89°34'14" E
1309.05 feet; thence S 89°34'33" E 1308.70 feet to a point on the East line of the
SouthEast Quarter of said Section 11; thence along said line S 00°08'07" E 30.00 feet to
the NorthWest Corner of said Section 13; thence along the North line of said Section 13,
S 89°09'28" E 2699.43 feet to the North Quarter Corner of said Section 13; thence
S 89°09'34" E 2662.71 feet to the BEGINNING.
The above described tract contains 10.84 Acres ±.
970272
COLORADO
MEMORANDUM
TO: Board of County Commissioners January 28, 1997
From: Chris Goranson, Current Planner
SUBJECT: Firestone 5th and 6th Annexations, being part of Sections 7
and 18, T2N, R67W, part of Section 12, T2N, R68W, part of Sections 11,
13, and 14, T2N, R68W, all of the 6th P.M., Weld County, Colorado.
Dear Commissioners:
The Weld County Departments of Health, Public Works, Planning and Attorney's Office have reviewed
the materials for the Firestone 5th and 6th Annexations. Please consider this letter as a unified response
to your request for comments.
WCR 22 between 1-25 and WCR 11 has been identified in the Mixed Use Development area as a
two-lane collector. When development occurs, Weld County will require 80 feet of right-of-way, two
through lanes, turn lanes, bike lanes, concrete curb and gutter, and concrete sidewalks. The west
one -quarter mile of WCR 22 is paved with two through lanes and has three industrial uses: Girard
Bakery, Flatiron Structures, and the Army National Guard.
The Mixed Use Development plan indicates the need for a four -lane arterial to run north and south,
intersecting WCR 22 approximately one-half the distance between Interstate 25 and WCR 11. The
planning and construction of that intersection is crucial to serve the projected traffic needs. In addition, it
should be recognized that developers will need to make roadway improvements. One government agency
controlling the development of the site and a second governmental agency controlling the right-of-way
may prove difficult. Therefore, in lieu of the pending Intergovernmental Agreement and the fact that the
county is currently developing the area using Mixed Use Development street standards, it is anticipated a
waiver of current standards without cooperation with the county would not occur (Interim Coordinated
Planning Agreement, letter F).
Thank you for the opportunity to comment on these annexations. If you should have any further
questions or comments, I may be reached at the above address and telephone number.
cc: Health Department, Public Works, Planning, County Attorney
970272
TO: Chris Goranson
At
FROM: Diane Beckman
DATE: January 16, 1997
•RR
Annexation to Town of Firestone
COLORADO
Attached please find a copy of petitions, plats and a Memo from the Town of Firestone. They
would like to petition into the Town.
Please set up an annexation review and have Don Carroll look at as soon as possible. Call Lee
on extension of 4395 if you have any questions.
Thanks for your help"
Attachments
970272
Firestone
A Community
In Motion
MEMORANDUM
VVELD COUNTY
ATTORNEY'S OFFICE
TO: Lee Morrison
FROM: Trudy Peterson
SUBJECT: Firestone Fifth and Sixth Annexations
DATE: January 9, 1997
Enclosed are the petitions for the Firestone Fifth and Firestone
Sixth annexations that we discussed earlier today. These
annexations are both for WCR 22 west from WCR 15 to the I-25
Frontage Road. Please note that the county has already signed a
petition for a "Firestone Fifth" annexation that was the north half
of WCR 20 east from WCR 15. This petition has been vacated by the
Town of Firestone. It will be included in a petition filed with
the Town from Mr. Tiets for the annexation of his property. This
petition will probably be ready for public hearing later this
month.
If you need any further information from me please contact me.
150 Buchanan P.O. Box 100 Firestone, Colorado 80520
(303) 833-3291 Fax (303) 833-4863
970272
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