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HomeMy WebLinkAbout20151256.tiff RECEIVED FIRESTONE MAY 01 2015 COLORADO A COMMUNITY IN MOTION WELD COUNTY COMMISSIONERS April 28, 2015 Clerk of the Weld County Board Frederick Area Fire Left Hand Water District of County Commissioners Protection District P.O. Box 210 P.O. Box 758 P.O. Box 129 Niwot, CO 80544 Greeley,CO 80632 Frederick, CO 80530 Bruce Barker, Esq. Mountain View Fire St. Vrain and Left Hand Water Weld County Attorney Protection District Conservancy District 915 10th Street 3561 N Stagecoach Rd Unit 200 9595 Nelson Rd, Box C Greeley, CO 80632 Longmont, CO 80504 Longmont, CO 80501 St. Vrain Sanitation District Town of Frederick City of Dacono 11307 Business Park Circle P.O. Box 435 P.O. Box 186 Firestone, CO 80504 Frederick, CO 80530 Dacono, CO 80514 St. Vrain Valley School District City of Longmont Carbon Valley Recreation District 395 South Pratt Parkway 350 Kimbark Street 701 5th Street Longmont, CO 80501-6499 Longmont, CO 80501 Frederick, CO 80530 Little Thompson Water District High Plains Library District Town of Mead 835 E. State Highway 56 2650 W 29"' Street Box 626 Berthoud, CO 80513 Greeley, CO 80631 Mead,CO 80542 Southwestern Weld County Law Northern Colorado Water St. Vrain Lakes Metro District#3 Enforcement Authority Conservancy District c/o White Bear Ankele PC 1150 O Street 220 Water Avenue 2154 E Commons Ave Suite 2000 Greeley, CO 80631 Berthoud, CO 80513 Centennial, CO 80122 St. Vrain Lakes Metro District#4 Longmont Conservation District c/o White Bear Ankele PC 9595 Nelson Rd, Box D 2154 E Commons Ave Suite 2000 Longmont, CO 80501 Centennial,CO 80122 Dear Sir or Madam: Enclosed please find notification of a proposed annexation to the Town of Firestone, Colorado, to be known as the Barefoot Lakes Annexation. The Public Hearing on the proposed annexation is scheduled for Wednesday, May 27, 2015 at 7:00 p.m., as described in the enclosed Resolution No. 15-23. Also enclosed is a copy of the Petition for Annexation as filed, the notice published in the Times-Call on April 27 and May 4, 11 and 18, 2015 and a vicinity map of the Annexation. TOWN OF FIRESTONE, COLORADO Carissa Medina, Town Clerk • �tf Luja(1--er ,Oi 2015-1256 5- 11,2o/5 CC' GIs; macs L:Pia;SD; aw 1 Firestone Town Hall 1151 Grant Ave. I P.O. Box 100 l Firestone, CO 80520 303-833-3291 I Fax 303-833-4863 I www.FirestoneCO.gov RESOLUTION NO. 15- A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO,KNOWN AS THE BAREFOOT LAKES ANNEXATION TO THE TOWN OF FIRESTONE,AND SETTING A PUBLIC HEARING THEREON. WHEREAS,a petition for annexation of certain property to be known as the Barefoot Lakes Annexation has been filed with the Town Clerk of the Town of Firestone,Colorado,and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is 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 within the meaning of Sections 31-12-107(1)(g), -110(2)or-112, C.R.S. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105,C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition,at the Firestone Town Hall, 151 Grant Avenue,Firestone,Colorado 80520, on May 27,2015 at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation,or the proposed zoning if requested in the petition. 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 annexation, and whether the statutory requirements for the proposed annexation have been met,and further,will determine the appropriate zoning of the subject property if requested in the petition. 1 Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado,the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone,and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 8'['day of April, 2015. Paul Sorensen Mayor ATTEST: nss Medina Town Clerk 3/25/2015 12:21 PM[kmk]R/3 ireswne iuiesmiun\8arefoui LokesSubComp Res 20150325.doe it 2 EXHIBIT A LEGAL DESCRIPTION Barefoot Lakes Annexation A PARCEL OF LAND LOCATED IN SECTIONS 25, 35 AND 36,TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00°19'19" EAST,A DISTANCE OF 2,647.60 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 17°35'14"WEST,A DISTANCE OF 97.56 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND A POINT ON THE WESTERLY BOUNDARY OF FIRESTONE NORTH ANNEXATION AS RECORDED UNDER RECEPTION NO.4076118 OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND SAID WESTERLY BOUNDARY, SOUTH 00°19'19" EAST, A DISTANCE OF 2555.65 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND A POINT ON THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 1606745, IN SAID RECORDS; THENCE ALONG THE BOUNDARIES OF SAID PARCEL OF LAND THE FOLLOWING THREE (3) COURSES; 1. DEPARTING SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND SAID WESTERLY BOUNDARY, SOUTH 88°45'03"WEST,ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25,A DISTANCE OF 484.00 FEET; 2. SOUTH 00°25'49" EAST,A DISTANCE OF 450.00 FEET; 3. NORTH 88°45'03" EAST,A DISTANCE OF 484.00 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND SAID WESTERLY BOUNDARY OF FIRESTONE NORTH ANNEXATION; THENCE ALONG SAID WESTERLY BOUNDARY OF FIRESTONE ANNEXATION THE FOLLOWING SIX(6)COURSES: 1. ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00°25'49"EAST,A DISTANCE OF 691.80 FEET; 2. DEPARTING SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 89°34'11"WEST,A DISTANCE OF 1,800.00 FEET; 3. SOUTH 00°25'49" EAST,A DISTANCE OF 540.00 FEET; 4. NORTH 89°34'11"EAST,A DISTANCE OF 1,800.00 FEET TO A POINT ON SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13; 3 5. ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00°25'49" EAST,A DISTANCE OF 972.15 FEET; 6. CONTINUING ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00°14'22" EAST,A DISTANCE OF 1,325.58 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID SOUTH LINE, SOUTH 88°29'41"WEST,A DISTANCE OF 2,602.28 FEET TO THE CENTER NORTH SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, SOUTH 00°19'03"EAST,A DISTANCE OF 1,326.34 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, SOUTH 88°29'44"WEST,A DISTANCE OF 1,323.13 FEET TO THE CENTER WEST SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, SOUTH 00°17'20" EAST,A DISTANCE OF 1,335.11 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, SOUTH 88°21'56"WEST, A DISTANCE OF 1,323.94 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35, SOUTH 89°15'43"WEST,A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED AT RECEPTION NUMBER 2669206, IN SAID RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO (2) COURSES: 1. SOUTH 72°40'05"WEST,A DISTANCE OF 825.83 FEET; 2. SOUTH 66°34'28"WEST,A DISTANCE OF 1,420.78 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID EAST LINE, NORTH 00°42'02"WEST,A DISTANCE OF 21.71 FEET TO THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418, IN SAID RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY, SOUTH 77°43'35"WEST, A DISTANCE OF 2,395.38 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25 AS DESCRIBED AT RECEPTION NUMBER 3019961, IN SAID RECORDS; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE 25 THE FOLLOWING SEVEN (7)COURSES: 1. NORTH 00°01'11"WEST,A DISTANCE OF 119.70 FEET; 2. SOUTH 89°58'49"WEST,A DISTANCE OF 114.82 FEET; 4 3. NORTH 00°01'11"WEST,A DISTANCE OF 186.21 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3,379.26 FEET; 4. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°12'52",AN ARC LENGTH OF 366.52 FEET; 5. TANGENT TO SAID CURVE, NORTH 06°14'03"WEST,A DISTANCE OF 601.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,182.41 FEET; 6. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°11'20", AN ARC LENGTH OF 288.21 FEET; 7. NON-TANGENT TO SAID CURVE, NORTH 01°04'25"WEST,A DISTANCE OF 46345 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF.ST.ACACIUS ANNEXATION NO.2 TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3187250, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING SIX(6)COURSES: 1. SOUTH 88°45'13" EAST, A DISTANCE OF 82.35 FEET; 2. NORTH 00°11'21"WEST,A DISTANCE OF 379.15 FEET; 3. NORTH 88°08'57" EAST,A DISTANCE OF 185.82 FEET; 4. NORTH 00°57'37"WEST,A DISTANCE OF 172.01 FEET; 5. NORTH 82°52'03" EAST,A DISTANCE OF 590.67 FEET; 6. NORTH 04°18'10"WEST,A DISTANCE OF 264.11 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF ST. ACACIUS ANNEXATION NO. 1 TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3187249, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING TWO(2)COURSES: 1. NORTH 89°31'37" EAST,A DISTANCE OF 1,708.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; 2. ALONG SAID WEST LINE, NORTH 00°42'02"WEST,A DISTANCE OF 2,327.64 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF WESTRIAN RANCH ANNEXATION TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO.2937346, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING THREE (3)COURSES: 1. ALONG SAID PARALLEL LINE, NORTH 89°16'34"EAST,A DISTANCE OF 2,685.60 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; 5 2. ALONG SAID PARALLEL LINE, NORTH 00°12'43"WEST, A DISTANCE OF 2,684.23 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25; 3. ALONG SAID PARALLEL LINE, NORTH 00°13'07"WEST, A DISTANCE OF 519.26 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOT A, RECORDED EXEMPTION NO. 1207-25- 2 RE-4103 AS RECORDED UNDER RECEPTION NO. 3303561, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY, EASTERLY AND NORTHERLY BOUNDARIES OF SAID LOT A THE FOLLOWING THREE (3) COURSES: 1. NORTH 88°54'53" EAST,A DISTANCE OF 450.00 FEET; 2. NORTH 23°22'49" EAST, A DISTANCE OF 274.74 FEET; 3. SOUTH 88°54'53"WEST,A DISTANCE OF 560.00 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND A POINT ON THE EASTERLY BOUNDARY OF SAID WESTRIAN RANCH ANNEXATION; THENCE ALONG SAID PARALLEL LINE AND EASTERLY BOUNDARY, NORTH 00°13'07"WEST, A DISTANCE OF 1,795.79 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 509, IN SAID RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1. NORTH 43°50'07" EAST,A DISTANCE OF 70.70 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF COLORADO HIGHWAY 66 ANNEXATION NUMBER FOUR TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO, 02301640, IN SAID RECORDS; 2. ALONG SAID ANNEXATION, NORTH 88°49'43" EAST,A DISTANCE OF 1,245.14 FEET TO THE NORTHWEST CORNER OF LOT A, RECORDED EXEMPTION NUMBER 1207-25-2- RE1450 AS RECORDED UNDER RECEPTION NO.2305632 AND THE NORTHWEST CORNER OF BODA ANNEXATION TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3605618, IN SAID RECORDS; THENCE ALONG THE BOUNDARIES OF SAID LOT A AND SAID BODA ANNEXATION, THE FOLLOWING FIVE (5)COURSES: 1. DEPARTING SAID HIGHWAY 66 ANNEXATION NUMBER FOUR, SOUTH 01°10'17" EAST,A DISTANCE OF 411.50 FEET; 2. NORTH 87°41'05" EAST,A DISTANCE OF 196.62 FEET; 3. NORTH 35°26'31" EAST,A DISTANCE OF 112.28 FEET; 4. NORTH 34°20'46" EAST,A DISTANCE OF 124.91 FEET; 5. NORTH 14°19'58" EAST,A DISTANCE OF 223.93 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66 AND THE SOUTHERLY BOUNDARY OF SAID COLORADO HIGHWAY 66 ANNEXATION NUMBER FOUR; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SOUTHERLY ANNEXATION 6 BOUNDARY,NORTH 88°49'43" EAST,A DISTANCE OF 905.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 66 AS DESCRIBED IN DEED RECORDED IN BOOK 1491 AT PAGE 511, IN SAID RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE (3)COURSES: 1. ALONG SAID SOUTHERLY ANNEXATION BOUNDARY, NORTH 88°49'28"EAST,A DISTANCE OF 2,390.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 11,420.00 FEET; 2. DEPARTING SAID SOUTHERLY ANNEXATION BOUNDARY, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°50'40",AN ARC LENGTH OF 168.31 FEET; 3. NON-TANGENT TO SAID CURVE, SOUTH 43°43'11" EAST,A DISTANCE OF 68.87 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 1,284.002 ACRES(55,931,142 SQUARE FEET), MORE OR LESS. ii 7 PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,COLORADO RE: BAREFOOT LAKES ANNEXATION DATE: MARCH 2,2015 The undersigned landowners, in accordance with Colorado law, hereby petitions 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 Barefoot Lakes 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. £ 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 situated thereon, has an assessed value in excess of two Page 1 of 11 101.10211 Minim Kw Me .6a,eb*laka Umitne 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 1,284.002 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. 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 more than fifty percent (50%)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. Page 2 of 11 muns7 waoa wnanamaa-Bracy L,u mn 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 un-platted 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 I next ensuing. 6. Pursuant to Sections 4.5 and 4.6 of the Firestone Development Regulations and the Municipal Annexation Act of 1965, as amended (Sec. 31-12-101, et.seq., C.R.S. 2006), and recognizing that annexation is a consensual process, Petitioner further states the following conditions precedent to annexation which must be satisfied prior to approval of any annexation ordinance by the Town of Firestone concerning the Property proposed to be annexed and consent by the Landowner to annexation: a. Execution of an Annexation Agreement prior to the annexation becoming effective, upon mutually agreeable terms and conditions; and b. Town approval of zoning for the Property that is in material conformance with the Outline Development Plan("ODP"), as referenced in Paragraph 7 herein. "Material conformance" shall mean the Town's approval of a final, non-appealable ordinance zoning the Property to the requested PUD zone district. 7. The zoning classification requested for the area proposed to be annexed is Planned Unit Development with land uses in accordance with an ODP to be submitted subsequently. 8. Subject to the terms and conditions of an Annexation Agreement and satisfaction of the conditions set forth herein, the Petitioner agrees that said, annexed land shall be brought under the provisions of Title 17 of the Firestone Municipal Code within ninety(90) day from the effective date of the annexation ordinance. Page 3 of 11 :JIJY17euu,,be Aw, lm-W,nu Take AMt, on 9. Except as provided in the Annexation Agreement, 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. 10. Unless and until all of the conditions set forth in Paragraph 6 herein have been satisfied, Petitioner may elect to withdraw this Annexation Petition and terminate the annexation process. Further,neither Petitioner nor the Town will record or cause to be recorded the items described in Section 31-12-113(2)(a)(II)(A), C.R.S. Petitioner may, however, in his sole discretion, waive the requirement that Final Approval has occurred and direct that the annexation ordinance, annexation map and the PUD be recorded. 11. Subject to the foregoing Paragraphs 1 through 10, and consistent with any Annexation Agreement between Petitioner and the Town of Firestone, the Petitioner agrees 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 an agreement between Annexor and Little Thompson Water District. b. All conditions set out in the Annexation Agreement. WHEREFORE, the undersigned petitioner 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. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] Page 4 of 11 20402'1 home c,Ain anon.endued Iaka Amt,.. n t SIGNATURE SHEET Signature of Date of signing of ' Mailing Andress of Are you a Are you a Sec Exhibit A Each Signature Landowner/ registered nonresident attached hereto and Landowner/Petitioner Petitioner elector, landowner of incorporated into resident the area this petition by this landowner of proposed 10 reference for the the area be annexed? legal description of proposed to the land owned by be annexed? (Yes or No) this signer BAREFOOT LLC,a Colorado limited liability 0 1 5 6465 S.Greenwood Plaza Vo Yes Sec Exhibit A company Marcc , Blvd,Suite 700 (Formerly known as Carma Bayshore,LLC) 3 i1I I.5 Centennial,CO 80111 7 _ Ry: � � G N r �tit+E itic: �j�/ At��• ST.VRAIN METROPOLITAN DISTRICT I M 3,5015 6465 S.Greenwood Plaza Vo Yes See Exhibit A J Blvd,Suite 700 ?i Centennial,CO 80111 By: Name: Title: . 40t_ c-Ttlti Page 5 of II :01902•:Pro 1n v...*Wm.v lustiw.•.., 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 11 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. Circ tor ACKNOWLEDGMENT STATE OF COLORADO ) )ss COUNTY OF ARAPAHOE ) The�b. ove and foregoing Affidavit of Circulator was subscribed and sworn to before me this ` �2 ay of March,2015. Witness my hand and official seal. My commission expires on: {-11 C' JILL BEDORE Notary Public NOTARY PUBLIC /� 11 STATE OF COLORADO b �c_j 4v�nWE'ed ia7GLYJ{Vc]- #70G MY COMM SS ON EX20144015866 IRES APRjL 11 2018 Address CL/l ie,f!0, r.,.(' C 70 1 I 1 (SEAL) Page 6 of 11 tiIW^'>uwun for umu:.n,r-Blnf,ry LILM thnvuen EXHIBIT A BAREFOOT LAKES ANNEXATION LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN SECTIONS 25, 35 AND 36,TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 TO BEAR SOUTH 00°19'19" EAST,A DISTANCE OF 2,647,60 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE SOUTH 17°35'14°WEST,A DISTANCE OF 97.56 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13 AND A POINT ON THE WESTERLY BOUNDARY OF FIRESTONE NORTH ANNEXATION AS RECORDED UNDER RECEPTION NO. OF THE RECORDS OF THE WELD COUNTY CLERK AND RECORDER'S OFFICE AND THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND SAID WESTERLY BOUNDARY, SOUTH 00°19'19" EAST, A DISTANCE OF 2555.65 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND A POINT ON THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 1606745, IN SAID RECORDS; THENCE ALONG THE BOUNDARIES OF SAID PARCEL OF LAND THE FOLLOWING THREE(3) COURSES; 1. DEPARTING SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY AND SAID WESTERLY BOUNDARY, SOUTH 88°45'03"WEST,ALONG SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 25, A DISTANCE OF 484.00 FEET; 2. SOUTH 00°25'49"EAST,A DISTANCE OF 450.00 FEET; 3. NORTH 88°45'03"EAST,A DISTANCE OF 484.00 FEET TO A POINT ON THE WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13 AND SAID WESTERLY BOUNDARY OF FIRESTONE NORTH ANNEXATION; THENCE ALONG SAID WESTERLY BOUNDARY OF FIRESTONE ANNEXATION THE FOLLOWING SIX(6) COURSES: 1. ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY, SOUTH 00°25'49"EAST,A DISTANCE OF 691.80 FEET; 2. DEPARTING SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY,SOUTH 89°34'11"WEST,A DISTANCE OF 1,800.00 FEET; 3. SOUTH 00°25'49"EAST, A DISTANCE OF 540.00 FEET; 4. NORTH 89°34'11"EAST,A DISTANCE OF 1,800.00 FEET TO A POINT ON SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY OF WELD COUNTY ROAD 13; Page 7of11 9H0„7 P°,u ,4,Nmumtn-D,d o law AvuvL,, (.. 5. ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY,SOUTH 00°25'49°EAST,A DISTANCE OF 972.15 FEET; 6. CONTINUING ALONG SAID WESTERLY PRESCRIPTIVE RIGHT-OF-WAY,SOUTH 00°14'22" EAST,A DISTANCE OF 1,325.58 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE ALONG SAID SOUTH LINE, SOUTH 88°29'41"WEST,A DISTANCE OF 2,602.28 FEET TO THE CENTER NORTH SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, SOUTH 00°19'0311 EAST,A DISTANCE OF 1,326.34 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 36; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36, SOUTH 88°29'44"WEST,A DISTANCE OF 1,323.13 FEET TO THE CENTER WEST SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, SOUTH 00°1720"EAST,A DISTANCE OF 1,335.11 FEET TO THE SOUTHWEST SIXTEENTH CORNER OF SAID SECTION 36; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 36, SOUTH 88°21'56"WEST,A DISTANCE OF 1,323.94 FEET TO THE SOUTH SIXTEENTH CORNER OF SAID SECTION 35; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 35,SOUTH 89°1543"WEST,A DISTANCE OF 522.99 FEET TO THE NORTHEAST CORNER OF SUBDIVISION EXEMPTION NO. 741 AS RECORDED AT RECEPTION NUMBER 2669206, IN SAID RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION NO. 741 THE FOLLOWING TWO(2)COURSES: 1. SOUTH 72°40'05"WEST,A DISTANCE OF 825.83 FEET; 2. SOUTH 66°34'28"WEST,A DISTANCE OF 1,420.78 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE ALONG SAID EAST LINE, NORTH 00°42'02"WEST,A DISTANCE OF 21.71 FEET TO THE NORTHERLY BOUNDARY OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 2261418, IN SAID RECORDS; THENCE ALONG THE NORTHERLY BOUNDARY,SOUTH 77°43'35"WEST,A DISTANCE OF 2,395.38 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25 AS DESCRIBED AT RECEPTION NUMBER 3019961, IN SAID RECORDS; THENCE ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE 25 THE FOLLOWING SEVEN(7)COURSES: 1. NORTH 00°01'11"WEST,A DISTANCE OF 119.70 FEET; 2. SOUTH 89°58'49"WEST,A DISTANCE OF 114.82 FEET; 3. NORTH 00°01'11"WEST,A DISTANCE OF 186.21 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 3,379.26 FEET; Page 8 of 11 331140^lPtiu°"b,. 0tcsl.&rtq la\oAmavun 4. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°12'52",AN ARC LENGTH OF 366.52 FEET; 5. TANGENT TO SAID CURVE, NORTH 06°14'03"WEST,A DISTANCE OF 601.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 3,182.41 FEET; 6. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°11'20",AN ARC LENGTH OF 288.21 FEET; 7. NON-TANGENT TO SAID CURVE, NORTH 01°04'25"WEST, A DISTANCE OF 463.45 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF ST.ACACIUS ANNEXATION NO. 2 TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3187250, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING SIX(6)COURSES: 1. SOUTH 88°45'13"EAST,A DISTANCE OF 82.35 FEET; 2. NORTH 00°11'21"WEST,A DISTANCE OF 379.15 FEET; 3. NORTH 88°08'57"EAST,A DISTANCE OF 185.82 FEET; 4. NORTH 00°57'37"WEST,A DISTANCE OF 172.01 FEET; 5. NORTH 82°52'03"EAST,A DISTANCE OF 590.67 FEET; 6. NORTH 04°18'10"WEST,A DISTANCE OF 264.11 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF ST. ACACIUS ANNEXATION NO. 1 TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 3187249, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING TWO(2)COURSES: 1. NORTH 89°31'37"EAST, A DISTANCE OF 1,708.18 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35; 2. ALONG SAID WEST LINE, NORTH 00°42'02"WEST,A DISTANCE OF 2,327.64 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF WESTRIAN RANCH ANNEXATION TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO.2937346, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID ANNEXATION THE FOLLOWING THREE(3) COURSES: 1. ALONG SAID PARALLEL LINE, NORTH 89°16'34"EAST,A DISTANCE OF 2,685.60 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY,MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 25; 2. ALONG SAID PARALLEL LINE, NORTH 00°12'43"WEST,A DISTANCE OF 2,684.23 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25; Page 9 of 11 3. ALONG SAID PARALLEL LINE,NORTH 00°13'07"WEST,A DISTANCE OF 519.26 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LOT A,RECORDED EXEMPTION NO.1207-25- 2 RE-4103 AS RECORDED UNDER RECEPTION NO.3303561, IN SAID RECORDS; THENCE ALONG THE SOUTHERLY, EASTERLY AND NORTHERLY BOUNDARIES OF SAID LOT A THE FOLLOWING THREE(3)COURSES: 1. NORTH 88°54'53"EAST,A DISTANCE OF 450.00 FEET; 2. NORTH 23°22'49"EAST,A DISTANCE OF 274.74 FEET; 3. SOUTH 88°54'53"WEST,A DISTANCE OF 560.00 FEET TO A POINT ON A LINE PARALLEL AND 30.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 25 AND A POINT ON THE EASTERLY BOUNDARY OF SAID WESTRIAN RANCH ANNEXATION; THENCE ALONG SAID PARALLEL LINE AND EASTERLY BOUNDARY, NORTH 00°13'07"WEST,A DISTANCE OF 1,795.79 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66 AS DESCRIBED IN BOOK 1491 AT PAGE 509, IN SAID RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES: 1. NORTH 43°50'07"EAST,A DISTANCE OF 70.70 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF COLORADO HIGHWAY 66 ANNEXATION NUMBER FOUR TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO. 02301640, IN SAID RECORDS; 2. ALONG SAID ANNEXATION,NORTH 88°49'43"EAST,A DISTANCE OF 1,245.14 FEET TO THE NORTHWEST CORNER OF LOT A,RECORDED EXEMPTION NUMBER 1207-25-2- RE1450 AS RECORDED UNDER RECEPTION NO.2305632 AND THE NORTHWEST CORNER OF SODA ANNEXATION TO THE TOWN OF MEAD AS RECORDED UNDER RECEPTION NO.3605618, IN SAID RECORDS; THENCE ALONG THE BOUNDARIES OF SAID LOT A AND SAID BODA ANNEXATION,THE FOLLOWING FIVE(5)COURSES: 1. DEPARTING SAID HIGHWAY 66 ANNEXATION NUMBER FOUR, SOUTH 01°10'17"EAST,A DISTANCE OF 411.50 FEET; 2. NORTH 87°41'05"EAST,A DISTANCE OF 196.62 FEET; 3. NORTH 35°26'31"EAST,A DISTANCE OF 112.28 FEET; 4. NORTH 34°20'46"EAST,A DISTANCE OF 124.91 FEET; 5. NORTH 14°19'58"EAST,A DISTANCE OF 223.93 FEET TO A POINT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 66 AND THE SOUTHERLY BOUNDARY OF SAID COLORADO HIGHWAY 66 ANNEXATION NUMBER FOUR; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE AND SOUTHERLY ANNEXATION BOUNDARY, NORTH 88°49'43"EAST,A DISTANCE OF 905.29 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 25 AND TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO. 66 AS DESCRIBED IN DEED RECORDED IN BOOK 1491 AT PAGE 511, IN SAID RECORDS; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING THREE(3)COURSES: Page 10 of 11 ^01,°11 AtiYM L,M,u,lieo-6vtfq LA%An a°. 1. ALONG SAID SOUTHERLY ANNEXATION BOUNDARY,NORTH 88°49'28"EAST,A DISTANCE OF 2,390.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 11,420.00 FEET; 2. DEPARTING SAID SOUTHERLY ANNEXATION BOUNDARY, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°50'40",AN ARC LENGTH OF 168.31 FEET; 3. 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S.H. 66 in ---1 , i 1 — 1 i ri 1 h UNINCORPORA7ED Sk O 1I ;; WELD COUNTY i" — •4 II TOWN OF ct MEAD Li� - `- Ritchie Dc ; Ira r E. g! ::1 qy e r o I, TON7V OF o MEAD it> O �,.' .1_"-, if LY11 ci,_ .Is ill I SCALE: g 1"=2000' F p1N CREEK °4 �Grarz 1 , R gT. VR , IUNMNCORPORA TED ; 0000 WELD COUNTY UNINCO! i.1v : WELD ) ) /27//// y DATE 03/0212015 VICINITY MAP PROJ NO. 08001.03 R-E<)IAND BAREFOOT LAKES SHEET NTn Places , .° „nMm< °FumvmCO80127 1 of 1 Off a"'°"°'°'° " �'�flo. ANNEXATION Hello