HomeMy WebLinkAbout20150407.tiff RECEIVED
FIRESTONE
COLOR O FE3 0P LJ:J rt;�-
ACOMMUAITYINMOTION
U
WELD COUNTY January 29, 2015
COMMISSIONERS
Clerk of the Weld County Board Bruce Barker,Esq.
of County Commissioners Weld County Attorney
P.O.Box 758 915 10th Street
Greeley,CO 80632 Greeley,CO 80632
St. Vrain Sanitation District Town of Frederick
P.O. Box 417 P.O.Box 435
Longmont,CO 80502 Frederick,CO 80530
St. Vrain Valley School District City of Dacono
395 South Pratt Parkway P.O. Box 186
Longmont,CO 80501-6499 Dacono,CO 80514
Central Weld County Water District Northern Colorado Water Conservancy District
2235 2nd Avenue 220 Water Avenue
Greeley,CO 80631 Berthoud, CO 80513-9245
Carbon Valley Recreation District High Plains Library District
701 5th Street 2650 W. 29th Street
Frederick,CO 80530 Greeley,CO 80631
Mountain View Fire Protection District Longmont Conservation District
Unit 200 9595 Nelson Road,Suite D
3561 N. Stagecoach Road Longmont,CO 80501
Longmont,CO 80504-6300
Dear Sir or Madam:
Enclosed please find notification of a proposed annexation to the Town of Firestone, Colorado, to be known as
the Swingle Lawn Tree & Landscape Annexation. The Public Hearing on the proposed annexation is
scheduled for Wednesday, February 25, 2015 at 7:00 p.m., as set forth in the notice published in the Daily Times-
Call on January 21 and 28 and February 4 and 11, 2015, a copy of which is enclosed. Also enclosed is a copy of
the Petition for Annexation as filed, a copy of Resolution No. 15-02, and a vicinity map of the Annexation.
TOWN OF FIRESTONE, COLORADO
Carissa Medina, Town Clerk
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Firestone Town Hall 1 151 Grant Ave. I P.O. Box 1001 Firestone,CO 80520 2015-0407
303-833-3291 I Fax 303-833.4863 I www.FirestoneCO.gov
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Debebhy Name
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 Swingle Lawn Tree Annexation to the Town of Firestone.
and Landscape
As part of this petition, your petitioners further state to the Board of Trustees that:
I. 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 31-12-1 OS, 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.
h. A community of interest exists between the area proposed to be annexed
and the Town of Firestone.
c. The area proposed to be annexed is urban or will be urbanized in the near
future.
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the Town of Firestone.
e. No land within the boundary of the territory proposed to be annexed which
is held in identical ownership, whether consisting of one tract or parcel of
real estate or two or more contiguous tracts or parcels of real estate, has
been divided into separate parts or parcels without the written consent of
the landowner or landowners thereof, unless such tracts or parcels were
separated by a dedicated street, road, or other public way.
f. No land within the boundary of the area proposed to be annexed which is
held in identical ownership, whether consisting of one tract or parcel of
real estate or two or more contiguous tracts or parcels of real estate,
comprises twenty acres or more, and which, together with the buildings
and improvements situated thereon,has an assessed value in excess of two
1 EXHIBIT M
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 3.77 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(1Xe), 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.
I. 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 one-hundred percent (100%) of the
landowners of the territory to be annexed and said landowners attesting to the
2 EXHIBIT 24
facts and agreeing to the conditions herein contained will negate the necessity of
any annexation election.
4. Accompanying this petition are four copies of an annexation map containing the
following information:
a. A written legal description of the boundaries of the area proposed to be
annexed;
b. A map showing the boundary of the area proposed to be annexed, said
map prepared by and containing the seal of a registered engineer;
c. Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted,
the boundaries and the plat numbers of plots or of lots and blocks;
d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the Town of Firestone and the contiguous
boundary of any other municipality abutting the area proposed to be
annexed, and a showing of the dimensions of such contiguous boundaries.
5. Upon the annexation ordinance becoming effective, all lands within the area
proposed to be annexed will become subject to all ordinances, resolutions, rules,
and regulations of the Town of Firestone, except for general property taxes of the
Town of Firestone,which shall become effective as of the January 1 next ensuing.
6. The zoning classification requested for the area proposed to be annexed is PUD-Rc
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 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.
3 EXHIBIT 14
9. The petitioners agree to the following terms and conditions, which shall be
covenants ntnning with the land, and which may, at the option of the Town,
appear on the annexation map:
a. Water rights shall be provided pursuant to Town Ordinance.
b. All conditions set out in the annexation agreement executed by the petitioner.
c. Other:
WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the Town of Firestone,acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed.
4 EXHIBIT H
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 (n 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.
. iz,
1,-----
G' ulatof
ACKNOWLEDGMENT
STATE OF COLORADO )
COUNTY OF ARa f e1}o )
The above and foregoing Affidavit of Circulator was subscribed and sworn to before me
this 3 _day of ittre#.i». . ,201i.
Witness my hand and official seal.
My commission expires on: P-I3-1-
42,,A4 V....._..._
Public
DAVID A.VINE
NOTARY PUBLIC
STATE OF COLORADO .S WAirt �-►
NOTARY id 1 20 t)RAD S0 Address
Mr G0MMIB$I0N EIPIRESA119Y$T fl 2011
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(SEAL)
5 EXHIBIT M
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ExKi
SWINGLE LAWN TREE & LANDSCAPE
ANNEXATION & ODP
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTION 14,TOWNSHIP 2 NORTH, RANGE 68 WEST,OF THE 6TH
PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;
THENCE SOUTH 00°24'08" EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14,A
DISTANCE OF 30.00 FEET TO A POINT;THENCE SOUTH 90'00'00" EAST A DISTANCE OF 60.00 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD,SAID POINT ALSO BEING THE
POINT OF BEGINNING;
THENCE CONTINUING SOUTH 90°00'00"EAST A DISTANCE OF 750.02 FEET TO A POINT;
THENCE SOUTH 00°24'04" EAST A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY
LINE OF COUNTY ROAD 22;
THENCE CONTINUING SOUTH 00°24'04"EAST A DISTANCE OF 263.60 FEET TO A POINT;
THENCE NORTH 72'21'43"WEST A DISTANCE OF 21.39 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 345.00 FEET,DELTA OF 19°24'05",ARC LENGTH OF 116.82
AND BEARING NORTH 82°03'46"WEST A DISTANCE OF 116.27 FEET TO A POINT;
THENCE SOUTH R8°14'12"WEST A DISTANCE OF 169.41 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 290.00 FEET,DELTA OF 16°25'32",ARC LENGTH OF 83.14
AND BEARING NORTH 83'33'02"WEST A DISTANCE OF 82.85 FEET TO A POINT;
THENCE NORTH 75°20'16"WEST A DISTANCE OF 13.06 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 125.0D FEET,DELTA OF 28°28'15",ARC LENGTH OF 62.11
AND BEARING NORTH 61°06'08"WEST A DISTANCE OF 61.48 FEET TO A POINT;
THENCE NORTH 46"52'01" WEST A DISTANCE OF 54.98 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 115.00 FEET,DELTA OF 21°06'34",ARC LENGTH OF 42.37
AND BEARING NORTH 57'25'18"WEST A DISTANCE OF 42.13 FEET TO A POINT;
THENCE NORTH 6r58'35" WEST A DISTANCE Of 41.60 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 155.00 FEET,DELTA OF 20'24'54",ARC LENGTH OF 55.23
AND BEARING NORTH 78°11'02"WEST A DISTANCE OF 54.94 FEET TO A POINT;
THENCE NORTH 88°23'29"WEST A DISTANCE OF 129.51 FEET TO A POINT ON THE EAST RIGHT-OF-WAY
LINE OF EAST I-25 FRONTAGE ROAD;
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF EAST 1-25 FRONTAGE ROAD NORTH 00'24'08"WEST A
DISTANCE OF 113.19 FEET TO A POINT;
THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD NORTH
00°24'08"WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 164,128 SQUARE FEET OR 3.77 ACRES, MORE OR
LESS.
Page 1 of 1
RESOLUTION NO. 15-02
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE SWINGLE LAWN TREE & LANDSCAPE
ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC
HEARING THEREON.
WHEREAS,a petition for annexation of certain property to be known us the Swingle Lawn
Tree &Landscape 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 fur annexation and wining,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 Wednesday,February 25,2015 at 6:30 p.m.
Section 5. Ahy 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. 1f 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 +`r ay ofJep1(2!12015.
.6•0V.#87-0A,
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TOWN .4. scr
tS Paul Sorensen
rt ` '% , O Mayor
ATTEST: t e/A9
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O(//141 .CO\.O
` 1�1►
Carissa Medina
Town Clerk
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EXHIBIT A
LEGAL DESCRIPTION
Swingle Lawn Trcc&Landscape Annexation
A PARCEL OF LAND LOCATED IN SECTION 14,TOWNSHIP 2 NORTH,RANGE 68 WEST,OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;
THENCE SOUTH 00'24'08"EAST ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SECTION 14,A DISTANCE OF
30.00 FEET TO A POINT;THENCE SOUTH 90'00'00"EAST A DISTANCE OF 60.00 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD,SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 90'00'00"EAST A DISTANCE OF 750.02 FEET TO A POINT;
THENCE SOUTH 00'24'04"EAST A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
COUNTY ROAD 22;
THENCE CONTINUING SOUTH 00.24'04"EAST A DISTANCE OF 263.60 FEET TO A POINT;
THENCE NORTH 72.21'43"WEST A DISTANCE OF 21.39 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 345.00 FEET,DELTA OF 19'24'05",ARC LENGTH OF 116.82 AND
BEARING NORTH R2'03'46°WEST A DISTANCE.OF 116.27 FEET TO A POINT;
THENCE SOUTH 88'14'12"WEST A DISTANCE OF 169.41 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 290.00 FEET,DELTA OF 16'25'32",ARC LENGTH OF 83.14 AND
BEARING NORTH 83'33'02"WEST A DISTANCE OF 82.85 FEET TO A POINT;
THENCE NORTH 75'20'16"WEST A DISTANCE OF 13.06 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 125.00 FEET,DELTA OF 28'28'15°,ARC LENGTH OF 62.11 AND
BEARING NORTH 61.06'08"WEST A DISTANCE OF 61.48 FEET TO A POINT;
THENCE NORTH 46'52'01"WEST A DISTANCE OF 54.98 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 115.00 FEET, DELTA OF 21'06'34",ARC LENGTH OF 42.37 AND
BEARING NORTH 57'25'18"WEST A DISTANCE OF 42.13 FEET TO A POINT;
THENCE NORTH.67'58'35"WEST A DISTANCE OF 41.60 FEET TO A POINT;
THENCE ALONG A CURVE WITH A RADIUS OF 155.00 FEET, DELTA OF 20'24'54",ARC LENGTH OF 55.23 AND
BEARING NORTH 78.11'02"WEST A DISTANCE OF 54.94 FEET TO A POINT;
THENCE NORTH RR•23'29"WEST A DISTANCE.OF 129.51 FEET TO A POINT ON THE FAST RIGHT-OF-WAY LINE OF
EAST I-25 FRONTAGE ROAD;
THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD NORTH 00'24'08"WESTA DISTANCE
OF 113.19 FEET TO A POINT;
THENCE CONTINUING ALONG THE EAST RIGHT-OF-WAY UNE OF EAST I-25 FRONTAGE ROAD NORTH 00.24'08"
WESTA DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.
THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 164,128 SQUARE FEET OR 3.77 ACRES,MORE OR LESS.
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SWINGLE LAWN TREE&LANDSCAPE SCALE: r=loon•
` V\ 4104 WELD COUNTY ROAD 22 DATE: NOVEMBER2O14
FIRESTONE, CO PROJECT NO: 170.001
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