HomeMy WebLinkAbout20161800.tiffRESOLUTION
RE: APPROVE PETITION FOR ANNEXATION OF A PORTION OF COUNTY ROAD 9.5
AND AUTHORIZE CHAIR TO SIGN - TOWN OF FIRESTONE
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, on June 6, 2016, the Board was presented with a Petition for the Annexation
of a Portion of County Road 9.5 from the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, to the Town of Firestone, Colorado, 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 Petition for Annexation be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is,
authorized to sign petition.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: U .-C 1440; k
Weld County Clerk to the Board
BY:Q`Q ,, (R,
puty Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature: 1 / Co it (a
EXCUSED
Mike Freeman, Chair
Sean P. Co ay, Pro-Temo-/m
Julie A. Cozad
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2016-1800
EG0073
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Date Set: Time:
BOARD OF COUNTY COMMISSIONERS
Pass Around Request
RE : Firestone Annexation
DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE : Mav 19 , 2016
PERSON REQUESTING : Janet Lundquist Extension : 3726
Brief descriptian of the issue : (pleaseselectoneJ ❑ Informational only X Action needed
County staff has received the revised annexation documents for the Barefoot Lakes annexation into Firestone . The 9`n
and 10ih annexation petitions and annex agreements are attached to this document .
If a Work Session is required, recommended length of time needed for discussion :
30 min
If a Work Session is required, In additian to yourself and the board, who should attend?
1ay McDonald & eob Choate
What options exist for the Board? ( Include consequences, impacts, cosis, etc. of options)
Option A : Approve and move forward with the annexation
Option B : send back tv staff for further modification �
Recommendations : (
Approve Option A : Approve and move forward with the annexation
;
A rove Schedule Other �
Recommendation Work Session Comments : �
I
Mike Freeman , Chair Y'Yl �' i
Sean P . Conway, Pro -Tem __��If "� I
Julie Cozad �������" ;
Barbara Kirkmeyer �_
Steve Moreno �
O : \Work sessions\2016 Work Session Firestone Annexation . doc
BOARD CHAIR USE
Results/Outcomes; 2016- 1800
Firestone Tenth ( lOt" ) Annexation
PET [TION FOR ANNEXATION TO THE TOWN OF F [ RESTONE
DATE : ,c.� � , 2016
TO : TH BOARD OF TRUSTEES OF THE TOWN OF F [ RESTONE, COLORADO.
Chair Pro -Tem
[ ,Sean P Conwayserving as of the Weld County Board of County Commissioners,
on behalf of Weld County, 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 following
described unincorporated territory located in the County of Weld and State of Colorado , to-wit :
See legal description in Exhibit A, attached hereto and
incorporated herein by this reference .
This annexation shall be known as the Firestone Tenth ( 10�h) Annexation .
As part of this petition , your petitioner further states to the Board of Trustees of
Firestone, Colorado, that :
1 . [t is desirable and necessary that the territory described in Exhibit A be annexed
to the Town of Firestone .
2 . The requirements ofC . R . S . sections 31 - 12- 104 and 31 - 12 - 105 , 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 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 .
1 o2a/� - / � �
f. No land within the boundary of the area proposed to be annexed which is
held in identical ownership, comprises twenty acres or more, and 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 to be annexed is 10.582 acres, more or less, in total area.
k . Prior to comp (etion of the annexation of the territory proposed to be
annexed, the Town of Firestone will, pursuant to the provisions of C . R. S .
§ 31 - 12- 1 0S ( I )(e), have in place a plan for that area, 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.
L In establishing the boundary of the territory 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 territory to be annexed . The
Town of Firestone will not deny reasonable access to any landowners,
owners of any easement, or the owners of any franchise adjoining any
platted street or alley which has been annexed by the Town of Firestone
but which is not bounded on both sides by the Town of Firestone .
m . The Board of County Commissioners agrees that an impact report
pursuant to Section 31 - 12- 108 . 5 , C . R. S . is not required because the total
area of territory proposed to be annexed is less than ten acres and, further,
that any requirement for preparation thereof, is waived .
2
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 .
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 . W ithin 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, rules and
regulations of the Town of Firestone, except for general property taxes of the
Town of Firestone which shall become effective as the January 1 next ensuing, if
applicable .
6 . The zoning classifications requested for the area proposed to be annexed are R=1
Residential District.
Petitioner agrees that the annexed land shall be brought under the provisions of
Chapter 17 ofthe Firestone Municipal Code within ninety (90) days ofthe
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
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 . Petitioner and the Town specifically acknowledge the execution of an Annexation
Agreement contemporaneously with the execution of this Petition, and both
3
parties express (y consent to the terms and conditions set forth therein , which
include but are not limited to the following :
(a) The Town, except as hereinafter provided, will be responsible for
prospective maintenance of said real property.
(b ) The Town will not impose any weight limitation applicable to vehicles
using said real property .
(c) The Town will not impose any limitation on vehicular access or use of
said real property so as to specifically exclude farm or agricultural
vehicles and equipment .
(d) Current ingress and egress to the real property described in Exhibit A for
current uses will continue to be allowed for such purposes, the intent being
that annexation shall not impair or affect current access .
(e) The road shall be maintained by the Town in a fashion suitable for current
uses including but not limited to the following measures : pavement
repairs, crack filling, restriping, and filling potholes .
( � The Town will implement weed control consistent with the standards of
Petitioner and the State of Colorado .
(g ) The Town will initiate timely removal of snow from the annexed road
segments .
9 . Petitioner expressly 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 .
4
W HEREFORE, the following petitioner, a non - resident landowner of the area proposed
to be annexed, (as more particularly described in the attached Exhibit A ) respectfully
requests that the Town of Firestone, acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed . By this acknowledgment, the
undersigned hereby certify that the above information is complete and true .
� , JUN 1 3 2016
Owner, Sean P . Conway , Chair Pro -Te Date
Board ofCounty Commissioners, County of
STATE OF COLORADO )
)ss .
COUNTY OF ��LI� )
The foregoing instrument was acknowledged before me this 13th day of
.Tune , 20 16 by
My commission expires : � / p�D/ -
Witness My Hand and Official Seal .
CHERYl. LYNN HOPPMAN
{�Ed'�ARY PUBLI�
STATE t'��f COLO�ADO Notary Publi
NOTARY ID 2U144U�48044
MY COMMISSION EXP � RES UEC. 19, 2018
Landowner/Petitioner Mailing Address :
Chair of the Weld County Board of Commissioners
1 150 O Street
P. O . Box 758
Greeley, CO 80632
5
oZo/(Q - /�U�
RECORD OF LAND OWNERSHIP AND DATED SIGNED
Please print
Landowner/Petitioner: Board of County Commissioners of the County of Weld, State of
Colorado
Mailing Address: 1 150 O Street * P.O. Box 758, Greeley, Colorado 80632
Date: 'JUN 132016
Legal Description of Land Owned:
See legal description in Exhibit A, attached hereto and
incorporated herein by this reference.
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss .
COUNTY OF WELD )
Esther E Gesick�; e C �: erk to the Board , being first duly sworn
upon oath , deposes and says that (he or she) was the circulator of this Petition for
Annexation of lands to the Town of Firestone, Colorado, consisting of seven (7) pages
including this page and that each signature hereon was witnessed by your affiant and is
the signature of the person whose name is purports to be .
� • Qn�r.�c
Circulator ( 06 / 13 / 2016 )
STATE OF COLORADO )
)ss .
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this 13th day of
June , 2�� by F � th F ('aGi rk •
My commission expires : �oZ / 02 ���
Witness My Hand and Official Seal .
�
CHERYL LYNN HOFFMAN Notary Public
NOTARY PUBLIC
STAY� OP COLORdDO
N07A�iY ID 201440�4$044
MY GOMMIS� ION EXPI �E� DEC: 19 , 2018
7
EXHIBIT A
A description of FIRESTONE TENTH ( l 0TH ) ANNEXAT [ON located in the W V2 of Section
2, T2N , R68W, and in the SW 1 /4 of Section 35 , T3N , R68W, all of the 6th P. M . , in Weld
County, Colorado . Fow Colorado Civil Group .
LEGAL DESCRIPTION
A tract of land located in the W 1 /2 of Section 2, T2N , R68 W, and in the S W 1 /4 of Section 35 ,
T3N, R68W , all of the 6th P . M . , County of Weld, State of Colorado, described as follows :
COMMENCING at the Southwest Corner of said Section 35 , from which the Wl /4 Corner of
said Section 35 bears N00° 56'47 " W, 2679. 94 feet ( Basis of Bearing), thence N89° 12 '54 " E , 52 . 23
feet along the South Line of the SW 1 /4 of said Section 35 to the Westerly Line of Weld County
Road 9 . 5 conveyed to Weld County, Colorado, as described in Quit Claim Deed recorded
September 14 , 2007, as Reception No . 3504090 of the records of Weld County, Colorado, and
the POINT OF BEG [NNING ;
Thence N00° 10' I 5 " W, 460 . 33 feet along the Westerly Line of said Weld County Road 9 . 5 ;
Thence N02 ° 28 '47 " E, 914 . 41 feet along the Westerly Line of said Weld County Road 9. 5 to the
Easterly Line of said Weld County Road 9 . 5 , also being the Westerly Line of BAREFOOT
LAKES ANNEXATION , an annexation to the Town of Firestone ;
Thence S06° 14 '03 " E, 601 . 98 feet along the Easterly Line of said Weld County Road 9 . 5 , also
being the Westerly Line of said BAREFOOT LAKES ANNEXATION, to a point of curve to the
right ;
Thence Southerly, 366. 52 feet along the arc of said curve and along the Easterly Line of said
Weld County Road 9 . 5 , also being the Westerly Line of said BAREFOOT LAKES
ANNEXAT [ ON , to a point tangent, said arc having a radius of 3379 .26 feet, a central angle of
06° 12'52 ", and being subtended by a chord that bears S03 °07'37 " E, 366 . 34 feet;
Thence S00° 0l ' 1 1 " E, 186 .21 feet along the Easterly Line of said Weld County Road 9 . 5 , also
being the Westerly Line of said BAREFOOT LAKES ANNEXATION , to a Northerly Line of
[ nterstate Highway 25 as shown on Colorado Department of Transportation Highway Right-of-
way plans for project NH - [ RCX -025 - 3 ( 109) recorded April 6, 2006, as Reception No . 3377298
of the records of Weld County, Colorado ;
The following courses and distances are along the Northerly, Easterly, and Southerly Lines of
said Interstate Highway 25 :
Thence N89° 58'49 " E, 114 . 83 feet, also being the Westerly Line of said BAREFOOT
LAKES ANNEXAT [ON ;
8
�
Thence S00° 0 l ' 1 1 " E, 1 19 . 70 feet, also being the Westerly Line of said BAREFOOT
LAKES ANNEXATION to the Southwesterly Corner of said BAREFOOT LAKES
ANNEXATION ;
Thence continuing S00° 0l ' ll " E, 100 . 52 feet to the South Line of the SWl /4 of said
Section 35 ;
Thence S00°0 l ' 1 1 " E, 140 . 35 feet;
Thence S89° 59'00 " W, 1 14 . 83 feet to the Easterly Line of said Weld County Road 9 . 5 ;
Thence leaving the Southerly Line of said [ nterstate Highway 25 , S00 ° 0l ' 1 1 " E, 241 . 51 feet
along the Easterly Line of said Weld County Road 9. 5 to a point of curve to the right;
Thence Southerly, 606 . 34 feet along the arc of said curve and along the Easter ( y Line of said
Weld County Road 9 . 5 to a point tangent, said arc having a radius of 9940 . 93 feet, a central
angle of 03 °29'41 ", and being subtended by a chord that bears S0 l °43 '40 " W, 606 . 25 feet;
Thence S03 °28 '30 " W, 23 .48 feet along the Easterly Line of said Weld County Road 9 . 5 to a
point of curve to the left;
Thence Southerly, 541 .42 feet along the arc of said curve and along the Easterly Line of said
Weld County Road 9 . 5 , said arc having a radius of 9744 . 08 feet, a central angle of 03 ° 1 1 '0l ",
and being subtended by a chord that bears S0 l ° 53 '00 " W, 541 . 35 feet ;
Thence S0°0I ' 15 " E, 246 . 52 feet along the Easterly Line of said Weld County Road 9 . 5 to a point
of non -tangent curve to the left;
Thence Southerly, 239 . 98 feet along the arc of said non -tangent curve and along the Easterly
Line of said Weld County Road 9 . 5 to a point tangent, said arc having a radius of 2766 . 36 feet, a
central angle of 04 ° 58' 13 ", and being subtended by a chord that bears S02 ° 30' 30 " E, 239 . 91 feet;
Thence S04° 59'37 " E, 438 . 53 feet along the Easterly Line of said Weld County Road 9. 5 ;
Thence S34° 34'53 " E, 79 .43 feet along the Easterly Line of said Weld County Road 9 . 5 to the
Northerly Line of Weld County Road 24 . 5 ;
Thence S00°02 '32 " W, 30 . 00 feet along the Easterly Line of said Weld County Road 9 . 5 to the
South Line of the N W 1 /4 of said Section 2 ;
Thence N89° 57'28 " W , 135 . 53 feet along the South Line of the NW 1 /4 of said Section , also being
the Northerly Line of DEL CAM [NO JUNCTION ANNEXATION , an annexation to the Town
of Firestone in the SW 1 /4 of said Section 2 recorded December 17, 1999, as Reception No .
2739034 of the records of Weld County, Colorado ;
9
Thence SO4° 59 '27 " E, 30 . 12 feet along the Westerly Line of said DEL CAMINO JUNCT [ON
ANNEXAT [ ON to the Southerly Line of said Weld County Road 9 . 5 ;
Thence N89° 57'28 " W, 26 . 17 feet along the Southerly Line of said Weld County Road 9 . 5 ;
Thence Northerly, 414 . 36 feet along the arc of a curve concave to the East and along the
Westerly Line of said Weld County Road 9 . 5 , said arc having a radius of 9608 .67 feet, a central
angle of02°28' 15 ", and being subtended by a chord that bears N03 ° 09' 12 " W , 414 . 33 feet ;
Thence N 1 °46'09 " W , 593 . 37 feet along the Westerly Line of said Weld County Road 9 . 5 to a
point of non-tangent curve to the right;
Thence Northerly, 604 . 97 feet along the arc of said non -tangent curve and along the Westerly
Line of said Weld County Road 9 . 5 to a point of non -tangent curve to the left, said arc having a
radius of 9154 . 12 feet, a central angle of 03 °47' 1 1 ", and being subtended by a chord that bears
N00°23 '24 " E, 604 . 86 feet;
Thence Northerly, 854 . 59 feet along the arc of said non -tangent curve and along the Westerly
Line of said Weld County Road 9 . 5 , said arc having a radius of 13722 .41 feet, a central angle of
03 °34'06 ", and being subtended by a chord that bears N0 I °0S '41 " E, 854 . 45 feet;
Thence N0° 10' 15 " W, 131 . 50 feet along the Westerly Line of said Weld County Road 9 . 5 to the
POINT OF BEG [NN [NG .
Area = 10 . 582 acres, more or less .
10
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