HomeMy WebLinkAbout960685.tiff Town of Firestone
150 Buchanan • P.O. Box 100 • Firestone, CO • 80520-0100 • (303) 833-3291
March 27, 1996
BY HAND DELIVERY AND -'
CERTIFIED MAIL ,
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F
Mayor and Trustees
Town of Frederick _e
P.O. Box 435
Frederick, CO 80530
Re: Finley Annexation to Town of Frederick
Dear Mayor and Trustees :
The purpose of this letter is to advise you of a conflicting
annexation by Firestone concerning a portion of the Finley
Annexation, and to request you to amend the legal description of
the Finley annexation to eliminate the conflict . Without such an
amendment, the Finley annexation must be held in abeyance pending
an election.
The conflict concerns portions of Weld County Road 13 and 20 for
which a petition for annexation to Firestone has been signed by the
Weld County Board of County Commissioners; the Firestone Board
adopted a resolution of intent concerning that petition on March
14 , 1996 . Those road portions have also been included in the
revised legal description for the pending Finley annexation to
Frederick, but we understand the County Commissioners have not
signed a petition to annex those road portions to Frederick. Under
these circumstances, the annexation statutes require Frederick to
hold the Finley annexation in abeyance pending an election under
C.R.S. Section 31-12-114 .
This conflict could be resolved without an election if Frederick
amends the legal description of the Finley annexation to delete
those road portions . The County Commissioners, by submitting a
petition to us, have expressed their desire that those road
portions be annexed to Firestone rather than Frederick. Enclosed
is a copy of the pertinent petition. Also enclosed is a copy of a
revised legal description for the Finley annexation, prepared by
our engineer for review by your engineer, that would delete those
road portions from the Finley annexation. Also enclosed is
Firestone' s resolution of intent to annex those road portions .tliSI t 960685
o�lq� ; A,
oil
Mayor and Trustees
Town of Frederick
March 27 , 1996
Page 2
If you do not comply with this request, Firestone will be forced to
exercise all legal remedies available to it under the annexation
statutes including the filing of a petition with the Weld County
District Court to hold the annexation of the road portions in
abeyance pending an election of the qualified electors (who would,
in this case, be limited to the County) under C.R.S . Section 31-12-
114 . Given the Commissioners' submission of an annexation petition
to Firestone, the outcome of such an election seems predictable .
Compliance with our request would resolve the conflict without
wasting the resources of the taxpayers of Firestone, Frederick, and
Weld County. I hope you will agree that expending those resources
on litigation that could be avoided would not be in the best
interests of any of those taxpayers .
Thank you in advance for your serious consideration of the
foregoing request .
Sincerely,
TOWN OF FIRESTONE
By: r- =======
Rick Patterson, Mayor
cc : Board of County Commissioners of Weld County
Lee Morrison, Esq.
Tami Tanoue, Esq.
MEMO
TO: Mr Scott Ross, Griffiths & Tommie, P.C., Town Attorney
FROM: David Lindsay, TST Inc. Consulting Engineers, Town Engineer r77L
DATE: March 19, 1996
SUBJECT: Finley Annexation to the Town of Frederick
PROJECT NO: 10-668-000
Per our recent phone conversation I have prepared the legal descriptions you requested regarding
the Finely Annexation to the Town of Frederick.
Exhibit A is a legal description for the property that would satisfy the Town of Firestone's
concerns because it omits annexing the R.O.W. from WCR 20 to the north and WCR 13 to the
east. I cannot verify that this description satisfies Colorado Statutes regarding contiguity because
of the deeded property that was excepted from the original legal description. They only reference
the deed by book and reception number and provide no contiguity information or area. This is the
major short coming of a legal description that is not a metes and bounds description.
Exhibit B is a legal description of the WCR 20 and WCR 13 R.O.W. that is the focus of this
dispute. I prepared this legal description in the same format as the legal description on Exhibit A
and on the original Finley Annexation as published in the Farmer and Miner on Wednesday,
March 13, 1996.
Call me if you need any more information.
f(`NR 2 2 ]SSE
G2aF;l
Den,ur
TSTINC. 748 Whalers Nay-Building D 02 Inverness Terrace Fall
7 Fort Collins,CO 80.25 Suite 105
Consulting Engineers (303)226-0557 6iglewooaCo80112
Metro Denver(303)595-9103 (303)792-0557
Fax(303)226-0204 Fax(303)792-9489
EXHIBIT A
LEGAL DESCRIPTION:
A tract of land on, over, and across portions of the Northeast Quarter of Section 24,
Township 2 North, Range 68 West of the 6th Principal Meridian, Weld County, Colorado.
Being more particularly described as follows:
The East Half of the Northeast Quarter of Section 24, Township 2 North, Range 68 West
of the 6th Principal Meridian, Weld County, Colorado, except that portion conveyed by
deed recorded August 4, 1978 in Book 840 at Reception Number 1762455, County of
Weld, State of Colorado, and except the existing county road Right-Of-Way being the
East 30 feet and North 30 feet of the East Half of the Northeast Quarter of Section 24,
Township 2 North, Range 68 West.
EXHIBIT B
LEGAL DESCRIPTION:
A tract of land on, over, and across portions of the Northeast Quarter of Section 24 and
the Southeast Quarter of Section 13, Township 2 North, Range 68 West of the 6th
Principal Meridian, Weld County, Colorado, and the Northwest Quarter of Section 19 and
the Southwest Quarter of Section 18, Township 2 North, Range 67 West of the 6th
Principal Meridian, Weld County, Colorado. Being more particularly described as
follows:
The East 30 feet and the North 30 feet of the East Half of the Northeast Quarter of
Section 24, Township 2 North, Range 68 West.
AND
The South 30 feet of the East Half of the Southeast Quarter of Section 13, Township 2
North, Range 68 West of the 6th Principal Meridian.
AND
The West 30 feet of the Northwest Quarter of Section 19, Township 2 North, Range 67
West of the 6th Principal Meridian.
AND
The West 30 feet of the South 30 feet of the Southwest Quarter of Section 18, Township
2 North, Range 67 West of the 6th Principal Meridian.
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
9al03
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
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
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 Ardeadain Barbara J. Ki kmeyer, Chair
Weld County Board of
1861C my Clerk to the Board Commissioners
• 915 10th Street
®n �_I,�L P. O. Box 758
`s.40 �►�puty rk to the Board Greeley, Colorado 80632
Page 4 of 8 pages
•
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 f 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 o 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 .
Wjt e.s P, hand and official seal .
MY C0MM:SSW
JANUARY. 10, 1999
My commission expires on :
No ary P b4
915 10th Street
• Address
• Greeley, Colorado 80631
r
•
•
Page 5 of 8 pages
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 88°48 ' 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
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 I-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
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
89°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 I-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
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 Fourth 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 6 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 4 . 98
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 1-east 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 6 pages
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 6 pages
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:
xjBarbara J. irkmeygr, Chair
Weld County Board of
1861 jP-tif
. I my Clerk to the Board Commissioners
din . h n :,'� l I �� P.O.B xS758et
wk eputy !,-rk to the Board Greeley, Colorado 80632
Page 4 of 6 pages
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 6 pages , including this page and that each
signature thereon was witnessed by yo affiant and i the true
signature of the person whose name it u portsft b . / /
Circu ator
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 , 1996 •
Witness my hand and official seal .
MY CC " "'SS:0N EXPIRES
My commission expires on : JANUARY 10, 1999
Nary L i
915 1 th Street
Address
Greeley. Colorado 80631
.1
Page 5 of 6 pages
EXHIBIT A
FIRESTONE FOURTH ANNEXATION
LEGAL DESCRIPTION
A TRACT OF LAND ON , OVER AND ACROSS A PORTION OF SECTION 30 T2N,
R67W, 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
30 AS BEARING S 89°08 '43" E AS DETERMINED BY GPS OBSERVATIONS OF
MONUMENTS AT THE NORTH QUARTER CORNER AND AT THE NORTHEAST CORNER
OF SAID SECTION 30 .
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30 ; THENCE S
89°08 ' 43" E 30 . 00 FEET; THENCE S 00°22 ' 09" W 30 . 00 FEET TO A POINT
ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 15 ; THENCE ALONG SAID
LINE S 00°22 ' 09" W 2610. 38 FEET; THENCE N 89°37 '51 " W 60 . 00 FEET TO
A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 15 ; THENCE
ALONG SAID LINE N 00°22'09" E 2610 . 89 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 18 ; THENCE ALONG SAID LINE N
89°08 ' 43" W 1950 . 87 FEET; THENCE DEPARTING FROM SAID LINEN 00°51 ' 17"
630 . 00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 30 ; THENCE ALONG SAID LINE S 89°08 ' 43" E 1980 . 61
FEET TO THE BEGINNING.
The above descibed tract contains 4 . 98 acres +or—.
Page 6 of 6 pages
RESOLUTION NO . //
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR
ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE FIRESTONE FIRST ANNEXATION,
FIRESTONE SECOND ANNEXATION, FIRESTONE THIRD ANNEXATION
AND FIRESTONE FOURTH ANNEXATION, AND SETTING A PUBLIC
HEARING THEREON.
WHEREAS, petitions for annexation of certain property to be
known as the Firestone First Annexation, Firestone Second
Annexation, Firestone Third Annexation, and the Firestone Fourth
Annexation, have been filed with the Board of Trustees of the Town
of Firestone; and
WHEREAS, the Board of Trustees has reviewed the annexation
petitions; and
WHEREAS, the Board of Trustees wishes to permit simultaneous
consideration of the subject property for annexation and for
zoning; and
WHEREAS, the Board of Trustees has reviewed the annexation
requests and desires to adopt by this Resolution its findings in
regard thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1 . The petitions , the legal descriptions for which
are attached hereto as Exhibit A, are 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.
Section 4 . The Board of Trustees will hold a public
hearing for the purpose of determining if the proposed annexations
comply 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, at the Firestone Town Hall , 150 Buchanan
Avenue, Firestone, Colorado 80520, at the following date and time :
May 9 , 1996
7 :30 P.M.
Section 5 . Any person may appear at such hearing and
present evidence relative to the proposed annexations, or the
proposed zoning.
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
annexations , and whether the statutory requirements for the
proposed annexations have been met, and further, may determine the
appropriate zoning of the subject property.
Section 7 . If the Board of Trustees concludes, by
resolution, that all statutory requirements have been met and that
the proposed annexations are 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 may
pass one or more ordinances zoning the subject property.
Pb-
INTRODUCED, READ AND ADOPTED this , day of „l, 1996 .
itheireAC
Rick Patterson
Mayor
ATTEST:
T. . Peterson
Town Clerk
031296/1532(sar)c:fireston\wcranxsc.res
2
EXHIBIT A
RESOLUTION NO. 7 h J
LEGAL DESCRIPTIONS
3
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 ' SO" 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 88348 ' 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
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 I-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
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
' 89°52' 19" W 30 . 00 FEET TO THE TRUE PO:iNT 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 I-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
EXHIBIT A
FIRESTONE FOURTH ANNEXATION
LEGAL DESCRIPTION
A TRACT OF LAND ON , OVER AND ACROSS A PORTION OF SECTION 30 T2N,
R67W, 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
30 AS BEARING S 89°08 ' 43" E AS DETERMINED BY GPS OBSERVATIONS OF
MONUMENTS AT THE NORTH QUARTER CORNER AND AT THE NORTHEAST CORNER
OF SAID SECTION 30 .
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30 ; THENCE S
89°08 '43" E 30 . 00 FEET; THENCE S 00°22 '09" W 30 . 00 FEET TO A POINT
ON THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 15 ; THENCE ALONG SAID
LINE S 00°22 ' 39" W 2610 . 38 FEET; THENCE N 89°37 ' 51" W 60 . 00 FEET TO
A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 15 ; THENCE
ALONG SAID LINE N 00°22 ' 09" E 2610 . 89 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF COUNTY ROAD 18 ; THENCE ALONG SAID LINE N
89°08 ' 43" W 1950 . 87 FEET; THENCE DEPARTING FROM SAID LINE N 00°51 ' 17`
E30 . 00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 30 ; THENCE ALONG SAID LINE S 89°08 ' 43" E 1980 . 61
FEET TO THE BEGINNING.
The above descibed tract contains 4 . 98 acres +or- .
Page 6 of 6 pages
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