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HomeMy WebLinkAbout20161798.tiffRESOLUTION RE: APPROVE PETITION FOR ANNEXATION OF A PORTION OF COUNTY ROADS 28 AND 11 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 Roads 28 and 11 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 -Tern 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: et)SC co;k EXCUSED Mike Freeman, Chair Weld County Clerk to the Board CC) BY:�� a . puty Clerk to the Board APPROVED AS TO FORM: County torney Date of signature: 1IC° I I Sean P. Conway, Pro-Tem Julie A. Cozad o/2 Cc: co-ceC3, Pc,4.) Crc/TC.) 7/ta/9O Co 2016-1798 EG0073 . _ � �2 uA�J}r.. _-r�� - � 1 ' � � I ( '�. Y } i. ... f . BOCC STAFF USE Dare Set: Time: BOARD OF COUNTY COMMISSIONERS Pass Around Request RE : Firestone Annexation DEPARTMENT: WELD COUNTY PUBLIC WORKS DATE : May 19, 2016 PERSON REQUESTING : Janet Lundquist Extension : 3726 Brief description of the issue: (pleaseselecfoneJ ❑ Informational only X Action needed County staff has received the revised annexation documents for the Barefoot Lakes annexation into Firestone. The 9`n and 10`h annexation petitions and annex agreements are attached to this documeni. If a Wo�k Session is required, recommended length of time needed for discussion : 30 min If a Work Session is required, In addition to yourself and the board, who should attend? Jay McDonald & Bob Choate What options exist for the Board? ( Include consequences, impacts, costs, etc. of options) Option A : Approve and move forward with the annexation Option e : send back to staff for further modification Recommendations : Approve Option A : Approve and move forward with the annexation Approve Schedule Other Recommendation Work Session Comments : Mike Freeman, Chair ��Yl � Sean P . Conway, Pro-Tem __`��� .����1�t" I lulie Cozad ' Barbara Kirkmeyer _� Steve Moreno � O :\Work sessions\2016 Work Session Firestone Annexation . doc 80AR0 CHAIR USE Resulrs/Outcomes: 2016- 1798 . Firestone Ninth ( 9`" ) Annexation PETITION FOR ANNEXATION TO THE TOWN OF FIRESTONE DATE : Q-�li�t,¢J � , 2016 TO : THE BOARD OF TRUSTEES OF THE TOWN OF F [ RESTONE, COLORADO. Sean P . Conway Chair Pro -Tem l , ���� , serving 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 Ninth (9th) Annexation . As part of this petition , your petitioner further states to the Board of Trustees of Firestone, Colorado, that : I . [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 � / � � �' 7 �� 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 ofthe 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 10.944 acres, more or less, in total area. k. Prior to completion 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- 105 ( 1 )(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 . 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, 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_l Residential District . Petitioner agrees that the annexed land shall be brought under the provisions of Chapter 17 of the Firestone Municipal Code within ninety (90) days of 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 be provided at such time, in the sole discretion ofthe 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 ofthe 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 expressly 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 : frequent grading, prevention of the development of rutting and washboards ; filling of potholes; and repair and fill of washouts . (fl The Town shall initiate dust suppression practices to protect the public health and to provide un -obscured driving conditions through the use of water or magnesium chloride, in accordance with Petitioner ' s policy which is to perform dust suppression for 150 feet either side of any residential driveway on gravel roads once daily traffic volumes, as determined by traffic counts, exceeds 200 ADT. (g) The Town shall consider an unpaved road as a candidate for paving when the traffic count exceeds 300 ADT. (h ) The Town will implement weed control consistent with the standards of Petitioner and the State of Colorado . ( i ) 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 . W HEREFORE, the fol lowing 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 4 undersigned hereby certify that the above information is complete and true . � , JUN 1 3 2016 Owner, 1 Sean P . Conway , Chair Pro - Te Date Board of County Commissioners, County of d STATE OF COLORADO ) )ss . COUNTY OF �GLl� ) The foregoing instrument was acknowledged before me this 13th day of June , 20 16 by Sean P . Conway My commission expires : o� / q o�/d Witness My Hand and Official Seal . CHERYL LYNN HOFFMAN . PfOTARI( PUBLIC Notary Public STAYE OF COLORADO NOTARY ID 201440�48044 MY C0MMISSI0N EXPIRES 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 5 021�/ l0 - / 7 / J RECORD OF LAND OWNERSHIP AND DATED S [GNED Please print Landowner/Petitioner: Board of County Comm issioners of the County of Weld, State of Colorado Mailing Address : I l50 O Street * P . O . Box 758, Greeley, Colorado 80632 Date : JUN 1 3 2016 Legal Description of Land Owned : See legal description in Exhibit A, attached hereto and incorporated herein by this reference . 6 oZo /lo - � 7y0 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss . COUNTY OF WELD ) E ther F � ; k , C: 1 erk r � rhP Rnarr� , 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 . <o��_ /'� � �.� �j J l� c�..�-�'�CJCr�r Circulator ( 06 / 13 / 2016 ) STATE OF COLORADO ) )ss . COLINTY OF WELD ) The foregoing instrument was acknowledged before me this �_ day of June , 2016 by Esther E Gesick My commission expires : o7i /g l� , Witness My Hand and Official Seal . CHERYL LYNN HOFFMAN NOTARY PUBLIC otary Publi STATE OF COLORADO NOTARY ID 201440�4$0�44 MY C0MMISSI0N EXPIRES DEC. 19, 2018 7 o�-� llv - � � !d EXHIBIT A A description of FIRESTONE N [ NTH (9TH ) ANNEXATION located in the Wl /2 of Section 25 , the E 1 /2 of Section 26, the NE 1 /4 of Section 35 , and the N W I /4 of Section 36, T3N , R68 W of the 6th P. M . , in Weld County, Colorado . For: Colorado Civil Group . LEGAL DESCRIPTION A tract of land located in the in the W 1 /2 of Section 25 , the E 1 /2 of Section 26, the NE 1 /4 of Section 35 , and the NW 1 /4 of Section 36, T3N , R68W of the 6th P. M . , County of Weld, State of Colorado, described as follows : BEG [NN [NG at the Sl /4 Corner of said Section 26, from which the Southeast Corner of said Section 26 bears N89° 16 '34 " E, 2655 . 85 feet ( Basis of Bearing), thence N00° 06' 14 " W , 30 .00 feet along the West Line of the SE 1 /4 of said Section 26 to the Northerly Right-of-way Line of Weld County Road 28 ; Thence N89° 16'34 " E, 2625 . 80 feet along the Northerly Right-of-way Line of said Weld County Road 28 to the Westerly Right-of-way Line of said Weld County Road 1 I ; Thence N00° 12 '43 " W, 2624 . 77 feet along the Westerly Right-of-way Line of said Weld County Road l 1 ; Thence N00° 13 '07 " W, 2614 . 57 feet along the Westerly Right-of-way Line of said Weld County Road 1 I to the Southerfy Line of the Northerly 40 .00 feet of the NE 1 /4 of said Section 26 ; Thence N89° 39' 14 " E, 30 . 38 feet along the Southerly Line of the Northerly 40 . 00 feet of the NEl /4 of said Section 26 to the Southerly Line of the Northerly 40. 00 feet of the NW l /4 of said Section 25 ; Thence N88°49'43 " E, 78 . 81 feet along the Southerly Line of the Northerly 40 . 00 feet of the N W 1 /4 of said Section 25 to the Southeasterly Right-of-way Line of State Highway 66 conveyed to The Department of Highways, State of Colorado as described in Special Warranty Deed recorded December 13 , 1957, in Book 1491 , as Reception No . 1266961 of the records of Weld County, Colorado ; Thence S43 ° 50'43 " W , 70 . 71 feet along the Southeasterly Right-of-way Line of said State Highway 66 to the Easterly Right-of-way Line of said Weld County Road 1 I ; Thence S00° 13 '07 " E, 2565 . 14 feet along the Easterly Right-of-way Line of said Weld County Road 1 1 ; Thence S00° 12 '43 " E, 2684 . 23 feet along the Easterly Right-of-way Line of said Weld County Road 1 1 to the Northerly Line of BAREFOOT ANNEXAT [ON, an annexation to the Town of Firestone ; 8 Thence S89° 16'34"W, 29.98 feet along the Northerly Line of said BAREFOOT ANNEXATION to the East Line of the NE1/4 /4 of said Section 35, also being a point along the Southerly Right-of- way Line of said Weld County Road 28; Thence S89° 16'34"W, 2655.62 feet along the Southerly Right-of-way Line of said Weld County Road 28 to the West Line of the NE1/4 of said Section 35; Thence N00°42'02"W, 30.00 feet along the West Line of the NE1/4 /4 of said Section 35 to the POINT OF BEGINNING. 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