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HomeMy WebLinkAbout961798.tiff_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: APPROVE PETITION FOR ANNEXATION OF PORTION OF WELD COUNTY ROADS 15 AND 20 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, the Board has been presented with a Petition for Annexation of portions of Weld County Roads 15 and 20 to the Town of Firestone, 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 of portions of Weld County Roads 15 and 20 to the Town of Firestone 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 2nd day of October, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WEJD COUNTY, COLORADO 1 �y' l add Barba J. Kirkmeyer hair ' : e 'a�t 'a •�•ir tyClerktotheBoard -44 W laktat eorget. Sax o-T eputy Clerk :the Board Dale K. Hall APP AS TO F Constance L. Harbert Attorney ey hr W. 961798 EG0034 LC: '°&; CA; C re571One(Any 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 964.t.793 tom', 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 4 . 11 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 . 9617$2!3 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 M-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 961.'"''3 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 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 : Lando ner/Petitloner/ Att,eL7[,' Barbara J . Kirk�eyer , Chai ?jJ 'Lm Weld County Board of 00/i 6) Weldt rk to he Board Commissioners 4:,& 915 10th Street rt: : P.O. Box 758 e t t e Bo Greeley, CO 80632 961.799 FIRESTONE FIFTH ANNEXATION LEGAL DESCRIPTION A tract of land on, over and across a portion of Section 17, T2N, R67W, of the 6th P.M., Weld County, Colorado. Being more particularly described as follows: Considering the South line of the SouthWest Quarter of said Section 17 as bearing N 89°01'20" E as determined from the County Road Business Park Annexation. And with all bearing contained herein relative thereto. BEGINNING at the SouthWest Corner of said Section 17; thence along the West line of the SouthWest Quarter of said Section 17 N 00°58'40" W 30.00 feet to a point on the North Right-of-Way line of County Road 20; thence along said line N 89°01'20" E 649.34 feet; thence departing from said line N 00°58'40" W 19.00 feet to a point on the North Right-of-Way line of County Road 20 according to the plat of Casagrande Estates - First Addition, recorded at Reception No. 1601380 in Envelope No. 522 in the records of Weld County; thence along said line N 89°01'20" E 1948.93 feet; thence N 00°14'13" W 1.00 feet; thence N 88°14'59" E 327.39 feet; thence S 00°05'30" E 1.00 feet; thence N 88°15'05" E 947.34 feet;thence departing from said line S 01°45'32" E 19.00 feet to a point on the North Right-of-Way line according to Lot B of recorded Exemption No. 1311-17-1-RE498; thence along said line N 88°15'05" E 39.15 feet; thence departing from said line S 02°20'37" E 30.00 feet to a point on the South line of the SouthEast Quarter of said Section 17; thence along said line S 88°15'05" W 1315.49 feet to the South Quarter Corner of said Section 17; thence along the South line of the SouthWest Quarter Corner of said Section 17 S 89°01'20" W 2597.64 feet to the BEGINNING. The above described tract contains 4.11 Acres± . 961'798 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 purports to be . Circulator ACKNOWLEDGEMENT STATE OF COLORADO ss COUNTY OF The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this day of , 19 Witness my hand and official seal . My commission expires on : Notary Public Address ( SEAL ) 961298 UNRECORDED PLAT MAP FIRESTONE FIFTH ANNEXATION BEING A PORTION OF S17, T2N , R67W Hello