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HomeMy WebLinkAboutANX-10-02� City of Wheat �dge COMMUNrrY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. August 12, 2010 County Clerk & Recorder Jefferson County, Colorado 100 Jefferson Parkway Golden, CO 80419 Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 RE: Case No. ANX -10 -02 /remnant right -of -way parcels at 50 & Kipling Dear Sir or Madam: Pursuant to Section 31- 12- 113(2)(a), C.R.S., enclosed please find one original and two (2) certified copies of an annexation ordinance and map. Please record one copy in the records affecting land title in the County, file the first copy with the Colorado Division of Local Government, Department of Local Affairs, 1313 Sherman Street, Room 521, Denver, CO 80203, and file the second copy with the Colorado Department of Revenue, 1375 Sherman Street, Room 409, Denver, CO 80261, all as required by C.R.S. § 31- 12- 113(2)(a)(11)(B). If you need anything else, please feel free to contact me at 303 - 235 -2848. Best regards, Meredith Reckert, AICP Senior Planner www.d.w h eatridge.co.0 s CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 12 ORDINANCE NO -U69 Series 2010 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF TWO REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX -10- 02 /CITY OF WHEAT RIDGE) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on May 18, 2010, by the owner of over fifty percent (50 %) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50 %) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on June 14, 2010, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2 Annexation Approved. That the annexation to the City of the following described property is hereby approved: A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854 . consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6th P.M., City of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the east line of the SE1 /4 of said Section 16 to bear South 00 °12'10" east , with all bearings contained herein, relative thereto; Thence along said East line, South 00 °12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1 /4, South 00 °12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 °52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71 ° 40'06 ", a Radius of 25.00 feet, an arc of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 °12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 °58'17 ", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 0 14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: (1) North 00 °38'47" East, 346.85 feet, (2) Thence North 00 °51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 0 15'17" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. Section 3. Effective Date. This ordinance shall take effect upon recordation of the annexation map and ordinance. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on the 28 day of June, 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, August 9, 2010, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 9 day of August, 2010. SIGNED by the Mayor on this 9th day of August 2010. 4 JerryPiTOIlio, Mayor r_1111111r *1n Michael Snow, City Clerk WHEgj. I—A7 2010 ;ust 12, 2010 Effective - D 2�ifon recordation with Jefferson. County OFFICE OF f HIE Ci FY CLERK WHEAT RIDGE, CO 80033 THIS IS A TRUE AND CORRECT COPY (EXACT) OF THE ORIGINAL DOCUMENT IN MY CUSTODY. DATE;, Z /0 MICHAECSNOW, CITY CLERK c ANNEXATION MAP FOR THE ANNEXATION TOO THE CITY OO F WHEAT RIDGE OO F THE FOLLOWING: TRACTS 1, 2, AND 4 OOF ARVADA RIDGE TOGETHER WITH POORTIOONS OOF KIPLING STREET RI HT -OF -WAY, LOCATED �N THE EAST 1G2 OF SECTDON 16 TOWNSH�P 3 SOUT RANCmE Cog WEST OF THE 8�h PR�NC�PAL MER�D�AN, JEFFERSON COUNTY, COLORADO LEGAL DE= A PORTION OF THE RIDGE HOME ANNEXATION, RECORDED AT RECEPTION NO. 85089854, CONSISTING OF TRACTS 1, 2 AND 4, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, AND A PORTION OF KIPLING STREET, LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF ARVADA, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING DESCRIBED BY THE FOLLOWING TWO PARCELS: 1� ► ► a ► PARCE 1. TRACTS 1 AND 2, ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, AND A PORTION OF KIPLING STREET, LOCATED IN THE EAST HALF OF SAID SECTION 16, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SE1 /4 OF SAID SECTION 16 TO BEAR SOUTH 00 °12'10 "EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE ALONG SAID EAST LINE, SOUTH 00 °12'10 "EAST, 287.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 1, BEING ON THE BOUNDARY OF SAID RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG SAID EAST LINE OF THE SE "1/'4, SOUTH 00 °12'10''EAST, 1010.94 FEET TO THE NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS BOOK 10, R.O.W. NO. 1049; (2) THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 73 °52'54 "WEST, 67.80 FEET TO THE WESTERLY CORNER OF SAID TRACT 2; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID TACT 2 THE FOLLOWING TWO COURSES: (1) ALONG A NON — TANGENT CURVE TO THE LEFT HAVING A DELTA OF 71 °40'06", A RADIUS OF 25.00 FEET, AN ARC OF 31.27 FEET AND A CHORD WHICH BEARS NORTH 38 °02'51 "EAST, 29.27 FEET; (2) THENCE NORTH 02 °12'49 "EAST, 306.77 FEET TO THE EAST BOUNDARY OF SAID ARVADA RIDGE, ^w. THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING TWO COURSES: (1) NORTH 0014'00 "WEST, 65.10 FEET; (2) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 02 °58'17 ", A RADIUS OF 3859.70 FEET, AN ARC OF 200.16 FEET AND A CHORD WHICH BEARS NORTH 01 ®14'30 "EAST, 200.14 FEET TO THE SOUTHERLY CORNER OF SAID TRACT 1; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1 THE FOLLOWING TWO COURSES: (1) NORTH 0038'47 "EAST, 346.85 FEET; (2) THENCE NORTH 00 °51'51 "EAST, 90.01 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1; THENCE ALONG THE NORTH LINE OF SAID TRACT 1, SOUTH 85'15'17 "EAST, 22.40 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.76 ACRES, MORE OR LESS. PARCEL. 2 : TRACT 4, ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, JEFFERSON COUNTY, COLORADO. THE ABOVE DESCRIBED TRACT CONTAINS 0.03 ACRES, MORE OR LESS. GENERAL blOTES 1. THE PERIMETER DISTANCE OF PARCEL 1 IS 2141 FEET. THE PERIMETER DISTANCE OF PARCEL 2 IS 215 FEET. 2. THE DISTANCE OF PARCEL 1 THAT IS CONTIGOUS WITH THE CITY OF WHEAT RIDGE IS 977 FEET. THE DISTANCE OF PARCEL 2 THAT IS CONTIGOUS WITH THE CITY OF WHEAT RIDGE IS 99 FEET. 3. THE PERCENTAGE OF THE BOUNDARY OF PARCEL 1 THAT IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF WHEAT RIDGE IS 46 %. THE PERCENTAGE OF THE BOUNDARY OF PARCEL 2 THAT IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF WHEAT RIDGE IS 46 %. 4. BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. IS CONSIDERED TO BEAR SOUTH 00 °12'10 "EAST. (CITY OF WHEAT RIDGE DATUM CONSIDERS THE BEARING TO BE SOUTH 00 °12'29 "EAST) 2000 0 2000 4000 scale 1 2000' feet SURYUM Y IIII ■ EICA ■ I, MICHAEL C. CREGGER, A REGISTERED PROFESSIONAL LAND SURVEYOR, REGISTERED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS ANNEXATION MAP WAS COMPLETED BY ME OR UNDER MY DIRECT SUPERVISION. Vo ------- ------ ---- _ -- -------- _____________ __.____ —_— 22564 70 : DATE PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 22564 °-�`•. .•'��` *AL L NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION %�,,,,,� BASED UPON ANY DEFECT IN THIS MAP WITHIN 3 YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS MAP BE COMMENCED MORE THAN 10 YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. O r c*lv oir-o - - - - - -- - -- ---------- - - - - -- BY: G. R44OLPH Y G TITLE: CITY MANAGER ACCEPTANCE CERTIFlCATE APPROVED FOR FILING BY THE CITY OF WHEAT RIDGE THIS It, **I*- DAY OF ����� ----- - - - - -, 20_Z0 -- 4 ATTEST: MAYOR CITY CLERK U SEAL m �mmim RECEPTION NUMBER ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, AT GOLDEN, COLORADO ON THIS ___ -- DAY OF 20 - -_ AT O'CLOCK __.M.. ------ ----- - - - --- _--- - -____ BY: - - - - - -- JEFFERSON COUNTY CLERK AND RECORDER DEPUTY CLERK ANNEXATION MAP KIPLING ANNEXATION SHEET 1 OF 2 WEST 64TH AVENUE 111■ WEST 58TH AVENUE ARVADA wp 'IMF 6d'� WEST 44TH AVENT 1� ► ► a ► PARCE 1. TRACTS 1 AND 2, ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, AND A PORTION OF KIPLING STREET, LOCATED IN THE EAST HALF OF SAID SECTION 16, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SE1 /4 OF SAID SECTION 16 TO BEAR SOUTH 00 °12'10 "EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE ALONG SAID EAST LINE, SOUTH 00 °12'10 "EAST, 287.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 1, BEING ON THE BOUNDARY OF SAID RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG SAID EAST LINE OF THE SE "1/'4, SOUTH 00 °12'10''EAST, 1010.94 FEET TO THE NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS BOOK 10, R.O.W. NO. 1049; (2) THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 73 °52'54 "WEST, 67.80 FEET TO THE WESTERLY CORNER OF SAID TRACT 2; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID TACT 2 THE FOLLOWING TWO COURSES: (1) ALONG A NON — TANGENT CURVE TO THE LEFT HAVING A DELTA OF 71 °40'06", A RADIUS OF 25.00 FEET, AN ARC OF 31.27 FEET AND A CHORD WHICH BEARS NORTH 38 °02'51 "EAST, 29.27 FEET; (2) THENCE NORTH 02 °12'49 "EAST, 306.77 FEET TO THE EAST BOUNDARY OF SAID ARVADA RIDGE, ^w. THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING TWO COURSES: (1) NORTH 0014'00 "WEST, 65.10 FEET; (2) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 02 °58'17 ", A RADIUS OF 3859.70 FEET, AN ARC OF 200.16 FEET AND A CHORD WHICH BEARS NORTH 01 ®14'30 "EAST, 200.14 FEET TO THE SOUTHERLY CORNER OF SAID TRACT 1; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1 THE FOLLOWING TWO COURSES: (1) NORTH 0038'47 "EAST, 346.85 FEET; (2) THENCE NORTH 00 °51'51 "EAST, 90.01 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1; THENCE ALONG THE NORTH LINE OF SAID TRACT 1, SOUTH 85'15'17 "EAST, 22.40 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.76 ACRES, MORE OR LESS. PARCEL. 2 : TRACT 4, ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, JEFFERSON COUNTY, COLORADO. THE ABOVE DESCRIBED TRACT CONTAINS 0.03 ACRES, MORE OR LESS. GENERAL blOTES 1. THE PERIMETER DISTANCE OF PARCEL 1 IS 2141 FEET. THE PERIMETER DISTANCE OF PARCEL 2 IS 215 FEET. 2. THE DISTANCE OF PARCEL 1 THAT IS CONTIGOUS WITH THE CITY OF WHEAT RIDGE IS 977 FEET. THE DISTANCE OF PARCEL 2 THAT IS CONTIGOUS WITH THE CITY OF WHEAT RIDGE IS 99 FEET. 3. THE PERCENTAGE OF THE BOUNDARY OF PARCEL 1 THAT IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF WHEAT RIDGE IS 46 %. THE PERCENTAGE OF THE BOUNDARY OF PARCEL 2 THAT IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF WHEAT RIDGE IS 46 %. 4. BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. IS CONSIDERED TO BEAR SOUTH 00 °12'10 "EAST. (CITY OF WHEAT RIDGE DATUM CONSIDERS THE BEARING TO BE SOUTH 00 °12'29 "EAST) 2000 0 2000 4000 scale 1 2000' feet SURYUM Y IIII ■ EICA ■ I, MICHAEL C. CREGGER, A REGISTERED PROFESSIONAL LAND SURVEYOR, REGISTERED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS ANNEXATION MAP WAS COMPLETED BY ME OR UNDER MY DIRECT SUPERVISION. Vo ------- ------ ---- _ -- -------- _____________ __.____ —_— 22564 70 : DATE PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION NO. 22564 °-�`•. .•'��` *AL L NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION %�,,,,,� BASED UPON ANY DEFECT IN THIS MAP WITHIN 3 YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS MAP BE COMMENCED MORE THAN 10 YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. O r c*lv oir-o - - - - - -- - -- ---------- - - - - -- BY: G. R44OLPH Y G TITLE: CITY MANAGER ACCEPTANCE CERTIFlCATE APPROVED FOR FILING BY THE CITY OF WHEAT RIDGE THIS It, **I*- DAY OF ����� ----- - - - - -, 20_Z0 -- 4 ATTEST: MAYOR CITY CLERK U SEAL m �mmim RECEPTION NUMBER ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, AT GOLDEN, COLORADO ON THIS ___ -- DAY OF 20 - -_ AT O'CLOCK __.M.. ------ ----- - - - --- _--- - -____ BY: - - - - - -- JEFFERSON COUNTY CLERK AND RECORDER DEPUTY CLERK ANNEXATION MAP KIPLING ANNEXATION SHEET 1 OF 2 OMNI ;L j 8 I �� I J <<� l A w /A R.(—).W PFI'R 'SlA JE BOARD OF AN ("/OM M I SSI ON (BOOS", 25 R.O.W. 2550, PF-CF-PTION NO. 840'75705 /L,,ND BOOK (--5 R. '-)56J PLC[_P]__iON NO. 84089026; 1<1PLING ANNEXATI(:)N R DOE OF THE FOLLOW NQ0. TRACTS 1, 2 AND 4 FOR TLn-E © ON TO THE C Ty OF WHEAT ............ IIII, D D r5irff TOGETMn F nn W TH PORT ONS OF K PL NO STREET R QHT=0F=WAY , LOCATED WN THE EAST 1/2 OF SECT�ON 16, o WNSH�P 3 SOUTH, RANGE (59 WEST HL N COUNTY, CQ LORADO AN JEFFERSO OF THE Oth PR�NC�PAL MER�D� HU V K11 -000 P1 A /A r3" SUBLr)V11S1('_)N F� itCJ5 ---- --- SAN/, ING,�) 'i In J POINT OF' 131- OJK 2 - --------- BEGINNING i - ► , _- , 2-1-1 i ?_ , ,, _ -_ ., , p PAR CEL 1 _ I-A ;- (P�0�'*. VVIDHI D-2*54�05)) 0,76 ACRES QNNEXAT�ON AR CEL I --3 59.70 ---- ------- I 0.76 AC! 19';5 N 05-3 B L .46 ' 0 0)) E - ----- - - - -- -- - - -- - t - - _ - - -- -- - -- -- -- SOO "1 10 Y I (TRACT EAST 1/4 CORNER 139-70 287.00 SECTION 16 (TRACT 1 mJ 00M 1 4 M 21L4 amom MONO doom goom Milos 4p 711 11 1 11 N 0 0 "0 3 E 361.20 65.10" N00 *38'47*E 346*85' w NOO 14 w -_ F:E $17w S 851517 D--02*58 N OO*51 51 *E 22*40' R=3859.70' TRACT 2 90,01, 0.03 AC L= 200.16 ' �a TRACT I n.1 f -� 11) p- C ' � 4 N01 I 430*E 1 1 1 AL 100 0 100 200 scale i "= 100 feet ?-)REPARED: MAY 11, 2007 NINE CCM u11A1 PL. AT1 - _ - -- -_ -- a -_� MEASURED BEARING AND/OR DISTANCE ON A i �� t _ =�� RVADA RIDGE PLAT CITY OF WHEAT RIDGE 3-1/4)) CAP ON PIPE IN -� 7V MONUMENT BOX MARKED: LS 13212 , I c ol AREA PETITIONED FOR ANNEXATION EL :1 Z K3 S 00*1 47" E WEST LINE SE1 /4, NE 1/4 SECTION 16 1 1 --- ---------- 1r =OT 2 LO' 200,14 L T At It Tu I ___000 H K P �;,�V 0 [RA 1974.56' TO 1/4 CORNER -� All BASIS OF BEARING S 00-12)10"E EAST LINE SE1 SECTION 16 (CITY OF WHEAT RIDGE DATUM = S 00012)29))E) NO21 249*E S7'52 NE CORNER OF SE 1/4p ,779 7.80' SE 1/4, SE 1/4 D-71'*40'06'* SEC11ON 16 S7639'16'E 30.50' r- WHEAT RIDGE CI T Y U CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 12 ORDINANCE NO X1+69 Series 2010 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF TWO REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX -10- 02 1CITY OF WHEAT RIDGE) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on May 18, 2010, by the owner of over fifty percent (50 %) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50 %) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on June 14, 2010, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2 Annexation Approved. That the annexation to the City of the following described property is hereby approved: A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6th P.M., City of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the east line of the SE1 /4 of said Section 16 to bear South 00 °12'10" east , with all bearings contained herein, relative thereto; Thence along said East line, South 00 °12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1 /4, South 00 °12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 0 52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71 ° 40'06 ", a Radius of 25.00 feet, an arc of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 0 12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 0 58'17 ", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 °14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: (1) North 00 0 38'47" East, 346.85 feet; (2) Thence North 00 °51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 0 1517" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. Section 3. Effective Date. This ordinance shall take effect upon recordation of the annexation map and ordinance. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on the 28 day of June, 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, August 9, 2010, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to o , this 9 th day of August, 2010. SIGNED by the Mayor on this 9th day of August 2010. ®KIYAR 1=30 1 . ATTEST: Michael Snow, City Clerk rt wHEgT U "A1 Fir: 2010 ;ust 12, 2010 Effective ... - -. • recordation with Jefferson. County 3 CITY OF WHEAT RIDGE, COLORADO Resolution No. 37 Series of 2010 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF TWO REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX -10- 02 1CITY OF WHEAT RIDGE) WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found a petition for annexation of the hereinafter described parcel of land to be in substantial compliance with the requirements of Section 31- 12- 107(1), Colorado Revised Statutes; and WHEREAS, the City Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four successive weeks and by certified mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the City Council has completed a public hearing to determine if the proposed annexation complies with Sections 31 -12 -104 and 105, Colorado Revised Statutes, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: That the City Council hereby finds and concludes with regard to the annexation of the territory described in Exhibit A attached hereto and incorporated herein, that not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City; and therefore, because of such contiguity, a community of interest exists between the territory proposed to be annexed and the City; the territory proposed to be annexed is urban or will be urbanized in the near future, and that the territory proposed to be annexed is integrated or is capable of being integrated with the City; and BE IT FURTHER RESOLVED: That the City Council finds and determines that no land held in identical ownership has been divided or included without written consent of the owner thereof; that no annexation proceedings have been commenced by another municipality; that the annexation will not result in the detachment of area from a school district, that the annexation will not result in the extension of a municipal boundary more than three miles; that the City has in place a plan for said three mile area; and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included with the area annexed. BE IT FURTHER RESOLVED: That an election is not required and no additional terms or conditions are to be imposed upon the area to be annexed. RESOLVED AND PASSED by the City Council this 9 day of August, 2010. For: Again Abstai VA ATTEST: ze� Michael Snow, City Clerk EXHIBIT `A' CASE NO. ANX -10 -02 /50 & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6th P. M., city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the east line of the SE1 /4 of said Section 16 to bear South 00 °12'10" east, with all bearings contained herein, relative thereto; Thence along said East line, South 00 0 12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1/4, South 00 °12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 0 52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71 ° 40'06 ", a Radius of 25.00 feet, an arc of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 0 12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 °58'17 ", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 0 14'30" East, 200.14 feet to the southerly corner of said Tract 1; 3 Consent Agenda was introduced and read by Mrs. Langworthy. Motion by Mrs. Langworthy for approval of the Consent Agenda; seconded by Mr. Reinhart; carried 8 -0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 14 -2010 — amending Articles II and VI of Chapter 26 concerning Accessory Buildings on properties with Commercial or Industrial Zoning. Mayor DiTullio opened the public hearing. Council Bill 14 -2010 was introduced on second reading by Council Member DeMott. City Clerk Michael Snow assigned Ordinance No. 1468. Ms. Showalter presented the staff report. Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Council Bill 14 -2010 (Ordinance 1468) on second reading and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 8 -0. 3.A. Resolution 37 -2010 — making certain findings of fact regarding the proposed annexation of two remnant parcels of right -of -way located in the east half of Section 16, Township 3 south, Range 69 west of the Sixth Principal Meridian, County of Jefferson, State of Colorado. (Case No. ANX -10 -02 /City of Wheat Ridge. 3.B. Council Bill 12 -2010 —An Ordinance approving the Annexation of two remnant parcels of right -of -way located in the East Half of Section 16, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado. (Case No. ANX -10 -02 /City of Wheat Ridge) Resolution 37 -2010 and Council Bill 12 -2010 were introduced by Council Member Stites. City Clerk Michael Snow assigned Ordinance No. 1469 to Council Bill 12 -2010. Mayor DiTullio opened the public hearing Mrs. Reckert presented the staff report. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Resolution 37 -2010; seconded by Mrs. Langworthy; carried 8 -0. Motion by Mr. Stites to approve Council Bill 12 -2010 (Ordinance 1469) on second reading, and that it take effect upon recordation of the annexation ordinance and map of the area annexed with the Jefferson County Clerk and Recorder as provided by C.R.S. 31 -113; seconded by Mrs. Langworthy; carried 8 -0. 4. Public Hearing considering: (1) a motion establishing a Business Development Zone to be known as the Senior Resource Center (SRC) Business Development Zone and (2) approving an Agreement to participate in said Zone in conjunction therewith. Mayor DiTullio opened the public hearing. Item 4 was introduced by Council Member Berry Mr. Johnstone presented the staff report. Dave Bandimere and his family have six residential properties in the vicinity of the SRC area and supports the SRC being designated a Business Development Zone. John Zebaba president of the SRC, spoke in favor of the designation of the area as a Business Development Zone and the extensive investments made to the project and the City of Wheat Ridge. Bob Timm urged Council to approve the maximum amount of Use Fees waiver for the Business Development Zone. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to designate Lot 1, Block 1, Senior Resource Center Subdivision Plat a Business Development Zone pursuant to Code Section 22, Division 5; seconded by Mr. Reinhart; carried 8 -0. Motion by Ms. Berry to approve an Agreement to Participate with the Seniors' Resource Center under the terms of the City's Business Development Zone Program and set the amount of the refund of the eligible fees and taxes at 50 percent; seconded by Mr. Reinhart; Substitute motion by Mr. DeMott to approve an Agreement to Participate with the Seniors' Resource Center under the terms of the City's Business Development Zone Program and set the amount of the refund of the eligible fees and taxes at 100 %; seconded by Mrs. Sang; carried 6 -2 with Council Members Berry and Reinhart voting No. City of WheatjZie ITEM NO: 3 DATE: August 9, 2010 REQUEST FOR CITY COUNCIL ACTION 3 1 4 66 `/ 3�, f rtv i noie o \ oy °wnnnw` °A N3`�e -a °A TITLE: RESOLUTION NO. 37 -2010 AND COUNCIL BILL NO. 12- 2010 — A RESOLUTION MAKING FINDINGS OF FACT REGARDING A PETITION FOR ANNEXATION OF TWO REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, AND AN ORDINANCE APPROVING THE ANNEXATION (CASE NO. ANX -10 -02 /CITY OF WHEAT RIDGE) ® PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS M1 NO '66 j At 31 ISSUE: Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance with an accompanying resolution of findings of fact regarding the petition. The annexation petition was executed on May 18, 2010. On June 14, 2010, City Council adopted a resolution finding the proposed annexation to be insubstantial compliance with CRS 31 -12- 107(1) and to be eligible for annexation under the statutes. On June 28, 2010, City Council adopted the ordinance on first reading and set the public hearing for August 9. ❑ ORDINANCES FOR 1 READING (06/28/10) ® ORDINANCES FOR 2 READING (08/09/10) The decision to annex a property is a legislative decision of City Council. The 1/6 contiguity requirement is met. The petitioner represents more than 50% of the land proposed for annexation. The area is surrounded by urban development and is capable of being integrated Council Action Form -Case No. ANX -10 -02 August 9, 2010 Page 2 with the City. The area meets the annexation eligibility requirements established in the municipal Annexation Act. By incorporation into the official City maps, the tracts will be zoned A -1. PRIOR ACTION: A resolution finding the annexation in substantial compliance with CRS 31- 12- 107(1) and eligible for annexation was passed on June 14, 2010. A separate resolution was passed on June 28, 2010, modifying the public hearing date referenced in the original resolution for approval of the annexation petition. FINANCIAL IMPACT: None. These pieces of right -of -way are already owned and being maintained by the City of Wheat Ridge. BACKGROUND: The Arvada Ridge development is property located at the northwest corner of 50 and Kipling, in the City of Arvada and is a regional mixed -use development containing 56 acres. The development improvements included the relocation and construction of new Miller Street and W. 50 Avenue extending from Kipling to Miller and improvements to the Kipling Street frontage adjacent to the development. All required right -of -way improvements associated with the development are in place. The territory is eligible to be annexed if the following criteria are met: 1. More than 50% of the private property owners of more than 50% of the land sought to be annexed signed the petition; 2. At least 1/6 of the boundary of land sought to be annexed is contiguous with the current City boundary; 3. That a community of interest exists between the area proposed to be annexed and the annexing municipality; 4. That the area is urban or will be urban in the near future; and, 5. That said area is or is capable of being integrated with the annexing municipality. The two parcels to which the annexation petition pertains are currently located in unincorporated Jefferson County but have been deeded to Wheat Ridge as right -of -way. The parcels, which combined are .79 acres in size, contain the acceleration/deceleration lane for Kipling from 51 Place south to 50 Avenue and the traffic signal pole at the entrance to Arvada Ridge from 50th Avenue. Pursuant to the IGA with the City of Arvada, the City of Wheat Ridge agreed to annex these remnant pieces of right -of -way. RECOMMENDATION: Adopt Resolution No. 37 -2010 and Council Bill No. 12 -2010 on second reading finalizing the annexation. Council Action Form -Case No. ANX -10 -02 August 9, 2010 Page 3 RECOMMENDED MOTIONS: RESOLUTION "I move to adopt Resolution No. 37 -2010 a resolution making findings of fact regarding the proposed annexation as being in substantial compliance with CRS 31- 12- 107(1) and eligible for annexation to the City of Wheat Ridge." COUNCIL BILL "I move to approve Council Bill No. 12 -2010, an ordinance approving an annexation to the City of Wheat Ridge on second reading and that it take effect upon recordation of the annexation ordinance and map of the area annexed with the Jefferson County Clerk and Recorder as provided by C.R.S. 31- 113." Or, RESOLUTION "I move to postpone indefinitely Resolution No. 37 -2010 a resolution making findings of fact regarding the proposed annexation as being in substantial compliance with CRS 31 -12- 107(1) and eligible for annexation to the City of Wheat Ridge, for the following reason(s): " COUNCIL BILL "I move postpone indefinitely the adoption of Council Bill No. 12 -2010 for the following reason(s): " REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Director of Community Development ATTACHMENTS: 1. Resolution No. 37 -2010 2. Council Bill No. 12 -2010 3. Annexation Map 2 CITY OF WHEAT RIDGE, COLORADO Resolution No. 37 Series of 2010 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF TWO REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX -10- 02 /CITY OF WHEAT RIDGE) WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found a petition for annexation of the hereinafter described parcel of land to be in substantial compliance with the requirements of Section 31 -12- 107(1), Colorado Revised Statutes; and WHEREAS, the City Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four successive weeks and by certified mail to the Clerk of the Board of County Commissioners, the County Attorney, the school district and to any special district having territory in the area to be annexed; and WHEREAS, the City Council has completed a public hearing to determine if the proposed annexation complies with Sections 31 -12 -104 and 105, Colorado Revised Statutes, to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: That the City Council hereby finds and concludes with regard to the annexation of the territory described in Exhibit A attached hereto and incorporated herein, that not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City; and therefore, because of such contiguity, a community of interest exists between the territory proposed to be annexed and the City; the territory proposed to be annexed is urban or will be urbanized in the near future, and that the territory proposed to be annexed is integrated or is capable of being integrated with the City; and BE IT FURTHER RESOLVED: That the City Council finds and determines that no land held in identical ownership has been divided or included without written consent of the owner thereof; that no annexation proceedings have been commenced by another municipality; that Attachment 1 the annexation will not result in the detachment of area from a school district, that the annexation will not result in the extension of a municipal boundary more than three miles; that the City has in place a plan for said three mile area; and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included with the area annexed. BE IT FURTHER RESOLVED: That an election is not required and no additional terms or conditions are to be imposed upon the area to be annexed. RESOLVED AND PASSED by the City Council this 9 th day of August, 2010. For: Against: Abstain: By: Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 EXHIBIT `A' CASE NO. ANX -10- 02150 & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6`' P.M., city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the east line of the SE1 /4 of said Section 16 to bear South 00 °12'10" east, with all bearings contained herein, relative thereto; Thence along said East line, South 00 °12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1 /4, South 00 0 12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 °52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71 40'06 ", a Radius of 25.00 feet, an arc of 31.27 feet and a chord which bears north 38 0 02'51" east, 29.27 feet; (2) Then north 02 0 12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses (1) north 00° 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 0 58'17 ", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 0 14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: (1) North 00 0 38'47" East, 346.85 feet; (2) Thence North 00 °51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 °15'17" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. rd 3 t CITY OF WHEAT RIDGE, COLORADO Council Bill No. 12 -2010 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF TWO REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX -10 -02 /CITY OF WHEAT RIDGE) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on May 18, 2010, by the owner of over fifty percent (50 %) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50 %) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on June 14, 2010, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2 Annexation Approved. That the annexation to the City of the following described property is hereby approved: A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6th P.M., City of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Attachment 2 1 Commencing at the east quarter corner of said Section 16, and considering the east line of the SE1 /4 of said Section 16 to bear South 00 °12'10" east , with all bearings contained herein, relative thereto; Thence along said East line, South 00 °12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1 /4, South 00 °12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 °52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71' 40'06 ", a Radius of 25.00 feet, an arc of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 0 12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 0 58'17 ", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 0 14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses (1) North 00 0 38'47" East, 346.85 feet; (2) Thence North 00 °51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 0 15'17" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. Section 3. Effective Date. This ordinance shall take effect upon recordation of the annexation map and ordinance. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on the 28 day of June, 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, August 9, 2010, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 9 th day of August, 2010. 2010. SIGNED by the Mayor on this day of Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: c j V V � 4 L L(W M M OWNOXA I KIPLIN() ANNEXATIC)N Ty OF WHEAT R L [D(ME OF THE FOL OW NQG TRACTS 1 2 AND 4 R TnE ANNEXA . T� N T(O,-,) THE C n.. n D ON OF W;�111 E HER W Tri K PL NO STREET R QHT=0F=WAY, . ............ ... I � )) /A\ UORT DuE:::o A ON NO N J LOCATED T�ON 16, TOWNSH�P 3 SOUTH RANGE (09 WEST LILT!, j 1 ` _ '.a OF THE 8�h PR�NC�PAL MER�D�AN, JEFFERSON COUNTY, COLORADO bo 4 ILI] ---- - ------ 9" ",51 ON u A T_ ),000 j _;'ON KII/L)[ '//VG A Sl_,1113il, J B 0 Cl �' POINT OF 31- 00,K z�' I 1 BEGINNING 4 A O WAY PARCEL 1 2 *5 410 5 11 (P.O.W. VVDT�--i V 4� D (0,76 ACRE S) 9 ® ® O ° ° D R-3859.70 I D D 0.76 ACI L _FF A N 05 19 5.46' *poo E S00 °12 139. TRACT 1 R', 0,'VV P R S-t-A-11- BOARD OF LAHI) 0 M M I ""S 10 k, 70) EAST 1/4 CORNER 287.00 (BOOK 25 R, 0. W, 25501 RECEPTIOH HO. 8 4 0 7 ") _70 5 A D SECTION 16 (TRACT 1 sw-- l n 1QA4 mmum gains PFCLPTIO�,\] X10). 84089026 BOOK 25 P.O.W. 256 f i N 0 0 003'4 3 "E 36 1.20 65*10 N 00*3847*E 346#859 9 NO21 249 T N 001 4 00 W 3064,770 S 851517 JE ir D-02*jr8'17* N 00*5151 E 22*40 R —_AAr.,Q 7(1 TRA T ===== 100 0 100 200 -3101Q:3M scale 1 100' feet PREPARED: MAY 11, 2007 TRACT R-- 25.00 —N01 I 4'30*E , ; �_�, F l D O 0 j 0.13 AC F r , C- n A oln 000 K1 ' J� cc) 1A IL .googol= Now IF 1974.56 TO 1/4 CORNER BASIS OF BEARINGS: S 00. 12' 101 EAST LINE SE1 /4 SECTION 16 uo� CI OF WHEAT RIDGE DATUM = S 00 °12'29 "E D 19.11 S73`52'S4"W 1 N E CORNER OF SE /49 67,80' SE 1/4, SE, 1/4 0. 01 I emn ig 0.03 AC SEC11ON 16 �� t . .......... UNPL,41- TrED 0c) ( ) MEASURED BEARING AND/OR DISTANCE ON W ==, ARVADA RIDGE PLAT �, � U ,` tea) OO 1O CITY OF WHEAT RIDGE 3-1/4" CAP ON PIPE IN MONUMENT BOX MARKED-. LS 13212 OCD AREA PETITIONED FOR ANNEXATION � ` 0 ��' � � � gyp; OC:D NW CORNER OF S 00012`47" E — WEST LINE SE1/4, NE 1/4 SECTION 16 � � SE 1 /49 NE 1 /4 ` 1 � SECTION 16 # 5 REBAR W/ 21" ALUMNUM CAP \ � MARKED: 27601 Ll U L_ M 111?VADA HIOGL_ LOO T 2 OF �� r i� �� -. �_��_ L01 6) 200.14 " L 57639I16'E 30,50' 'N -- i MEAT RIDGE CITY LIMITS J . -- _ A [`XAT�ON PAR�'U;�'EL 2 NNrE_ 0.03 AC PARCEL 2 A T A R M 1-) //1 ( T 4 I I/T V4, D,14 R ID 6 'L1___ S ' S 732'54mW 0.03 AC L 00 1 1 99.o88'\\ LOT 9 __ T H-VA T N 7 " E - - - -_ -- - -- 69* 06 CD 7-K-) CP ------ L DF SW CORNER OF N W1 /49 SE 1/4, SE1 4 P\FCFPT!()H SE CTION 16 ANIVIN11— am *w HO. 78012599 o _0 Ulf PI_ A TF , 1 LOT 8 AR RID 50013 02 E H TP WEST LINE SE 1/4, SE 1/4 54 W N 0012 10 WEST LINE NE 1/4, SE 1/4 -- -- -- � -I@ r N " �* F j It UNNUVBEHF D L 0 1 1 SW CORNER OF RT 0 C (-f,) Jo SE 1/4, NE 1/4 cf- UNPLIA FTF CO F - ,, SECTION 16 Lo I _N T P T. Of � -l P 1_AN,1VF1') //VDV5i[ -V/_ O E-VELOPW _ ,r /A/( I A V1-_A0PFA1 J/W)/ V/.( /OA/ . :. _ - _ < C= N38'02'51'E 29,27' LOO T 3 PARCEL 1: TRACTS 1 AND 2, ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, AND A PORTION OF KIPLING STREET, LOCATED IN THE EAST HALF OF SAID SECTION 16, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SE1 /4 OF SAID SECTION 16 TO BEAR SOUTH 00 °12 "EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE ALONG SAID EAST LINE, SOUTH 00`12'10 "EAST, 287.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 1, BEING ON THE BOUNDARY OF SAID RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: (1) ALONG SAID EAST LINE OF THE SE SOUTH 00 °12'10 "EAST, 1010.94 FEET TO THE NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS BOOK 10, R.O.W. NO. 1049; (22) THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 73 0 52'54 "WEST, 67.80 FEET TO THE WESTERLY CORNER OF SAID TRACT 2; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID TRACT 2 THE FOLLOWING TWO COURSES: (1) ALONG A NON - TANGENT CURVE TO THE LEFT HAVING A DELTA OF 71 A RADIUS OF 25.00 FEET, AN ARC OF 31.27 FEET AND A CHORD WHICH BEARS NORTH 38 °02'51 "EAST, 29.27 FEET; (2) THENCE NORTH 02 °12'49 "EAST, 306.77 FEET TO THE EAST BOUNDARY OF SAID ARVADA RIDGE; THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING TWO COURSES: (1) NORTH 00 °14'00 "WEST, 65.10 FEET; (2) THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 02 0 58'17 ", A RADIUS OF 3859.70 FEET, AN ARC OF 200.16 FEET AND A CHORD WHICH BEARS NORTH 01 °14'30 "EAST, 200.14 FEET TO THE SOUTHERLY CORNER OF SAID TRACT 1; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1 THE FOLLOWING TWO COURSES: (1) NORTH 00 °38'47 "EAST, 346.85 FEET; (2) THENCE NORTH 00 °51'51 "EAST, 90.01 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1; THENCE ALONG THE NORTH LINE OF SAID TRACT 1, SOUTH 85 °15'17 "EAST, 22.40 FEET TO THE POINT OF BEGINNING. PARCE 2: TRACT 4, ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, JEFFERSON COUNTY, COLORADO. THE ABOVE DESCRIBED TRACT CONTAINS 0.03 ACRES, MORE OR LESS. - 1. Al _NOTES THE PERIMETER DISTANCE OF PARCEL 1 IS 2141 FEET. THE PERIMETER DISTANCE OF PARCEL 2 IS 215 FEET. 2. THE DISTANCE OF PARCEL 1 THAT IS CONTIGOUS WITH THE CITY OF WHEAT RIDGE IS 977 FEET. AVENUE THE DISTANCE OF PARCEL 2 THAT IS CONTIGOUS WITH THE CITY OF WHEAT RIDGE IS 99 FEET. 3. THE PERCENTAGE OF THE BOUNDARY OF PARCEL 1 THAT IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF WHEAT RIDGE IS 46 %. THE PERCENTAGE OF THE BOUNDARY OF PARCEL 2 THAT IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF WHEAT RIDGE IS 46 %. 4. BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. IS CONSIDERED TO BEAR SOUTH 00 °12'10 "EAST. (CITY OF WHEAT RIDGE DATUM CONSIDERS THE BEARING TO BE SOUTH 00 °12'29 "EAST) V �NITY MAP IC 2000 0 2000 4000 scale 1 "— 2000' feet SURVEY CE831FICAT I,, MICHAEL C. CREGGER, A REGISTERED PROFESSIONAL LAND SURVEYOR, REGISTERED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS ANNEXATION MAP WAS COMPLETED BY ME OR UNDER MY DIRECT SUPERVISION. j j 11 till Ile _. 22564 DATE PROFESSIONAL LAND SURVEYOR, •.� COLORADO REGISTRATION NO. 22564 °�••. *.•• 10, C3 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION Al LAW BASED UPON ANY DEFECT IN THIS MAF1 WITHIN 3 YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS MAP BE COMMENCED MORE THAN 10 YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. TST INC. OF DENVER Consulting Engineers 1 2 AN D 4 WAY �$ = BY: G. RANDOLPH YOUNG TITLE: CITY MANAGER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20_ -- A.D. BY G. RANDOLPH YOUNG, . N 11 W R 11 • NOTARY PUBLIC MY COMMISSION EXPIRES: ACCEEIANCE CER110CA APPROVED FOR FILING BY THE CITY OF WHEAT RIDGE THIS _ DAY OF ATTEST: _ -- MAYOR CITY CLERK RECEPTION NUMBER ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, AT GOLDEN, COLORADO ON THIS DAY OF 20 - -_ AT O'CLOCK __.M.. JEFFERSON COUNTY CLERK AND RECORDER DEPUTY CLERK Attachment 3 ANNEXATION MAP KIPLING ANNEXATION SHEET 1 OF 2 WEST 64TH AVENUE mill WEST 58TH AVENUE ARVADA Lq PAM woof so i WEST 44TH AVENUE V �NITY MAP IC 2000 0 2000 4000 scale 1 "— 2000' feet SURVEY CE831FICAT I,, MICHAEL C. CREGGER, A REGISTERED PROFESSIONAL LAND SURVEYOR, REGISTERED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS ANNEXATION MAP WAS COMPLETED BY ME OR UNDER MY DIRECT SUPERVISION. j j 11 till Ile _. 22564 DATE PROFESSIONAL LAND SURVEYOR, •.� COLORADO REGISTRATION NO. 22564 °�••. *.•• 10, C3 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION Al LAW BASED UPON ANY DEFECT IN THIS MAF1 WITHIN 3 YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS MAP BE COMMENCED MORE THAN 10 YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. TST INC. OF DENVER Consulting Engineers 1 2 AN D 4 WAY �$ = BY: G. RANDOLPH YOUNG TITLE: CITY MANAGER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 20_ -- A.D. BY G. RANDOLPH YOUNG, . N 11 W R 11 • NOTARY PUBLIC MY COMMISSION EXPIRES: ACCEEIANCE CER110CA APPROVED FOR FILING BY THE CITY OF WHEAT RIDGE THIS _ DAY OF ATTEST: _ -- MAYOR CITY CLERK RECEPTION NUMBER ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, AT GOLDEN, COLORADO ON THIS DAY OF 20 - -_ AT O'CLOCK __.M.. JEFFERSON COUNTY CLERK AND RECORDER DEPUTY CLERK Attachment 3 ANNEXATION MAP KIPLING ANNEXATION SHEET 1 OF 2 h "a ieea August 3, 2010 Meredith Reckert City of Wheat Ridge Community Development Department 7500 W. 29 Avenue Wheat Ridge, CO 80033 RE: Kipling Annexation (ANX- 10 -02) Dear Ms. Reckert: Board of County Commissioners Faye Griffin District No. 1 J. Kevin McCasky District No. 2 Kathy Hartman District No. 3 Thank you for the opportunity to review the proposed Kipling Annexation. After evaluating the submitted documents, county staff has the following comments: • The proposed annexation meets all of the state statue requirements for an annexation. For informational purposes the following special districts are within the area proposed to be annexed: Denver Metropolitan Major League Baseball Stadium District, Regional Transportation District, R -1 School District, Arvada Fire Protection District, Apex Park and Recreation District, Urban Drainage Improvement District, Valley Water District, Clear Creek Water and Sanitation District, Kipling Ridge Metropolitan District. Thank you again for keeping us informed of the process. If you have any questions please call me at 303 - 271 -8750. Sincerely, Jeanne M. Shaffer, ICP Planner OVERVIEW OF KIPLING ANNEXATION Proposed Annexation and Rezoning - City of Wheat Ridge Project Name: Kipling Annexation Location: Intersection of Kipling and 50 Avenue Land Area: 0.79 acres Jefferson County Case Number: 10- 114400AX This is a proposal to annex two parcels totaling 0.79 acres into the City of Wheat Ridge to be used as right of way for Kipling Street and 50 Avenue. Parcel 1 is 0.76 acres and Parcel 2 is 0.03 acres. The parcels are currently zoned Agricultural -Two (A -2) and are currently used as right of way. The proposed use will be for right of way. The purpose of the submittal is to annex so the parcels can be properly maintained by the City of Wheat Ridge. The proposal was referred to: Planning Engineering — No comment. Cartography — The proposal does meet all C.R.S. requirements. The two parcels being annexed through this request are enclaves and were created by previous annexation ordinances. The previous Annexation Ordinance Numbers are 3965 and 1371: Reception Numbers 2005072004 and 2006151560. Road and Bridge — No comment. Transportation and Engineering — No comment Board of Directors Jim Whitfield, President Susan Miller, Vice President Lee Humrich, Treasurer /Secretary Jeff Glenn, Director Ken Harrell, Director Executive Director Mike Miles August 3, 2010 City of Wheat Ridge Municipal Building Meredith Reckert, AICP Senior Planner 7500 W. 29 Avenue Wheat Ridge, CO 80033 -8001 'AA PARK & RECREATION DISTRICT 13150 W. 72ND AVENUE, ARVADA, CO 80005 303/424 -2739 - WWW.APEXPRD.ORO Reference: Annexation of two remnant parcels of right -of -way in the vicinity of West 50 Avenue/Kipling Street Dear Meredith: The Apex Park and Recreation District does not object to the annexation of these parcels into the City of Wheat Ridge. I may be reached at (303) 403 -2528 should you wish to discuss any issues related to this annexation, or you may contact Luann Levine, Executive Assistant, at (303) 403 -2518. Sincerely, Marshall Masek Director of District Services Division cc: Mike Miles, Executive Director Luann Levine, Executive Assistant rk� CITY OF _ ADA COMMUNITY DEVELOPMENT DEPARTMENT FACSIMILE:. 720- 898 -7437 A TDD: 720- 898 -7869 PHON 720- 898 -7435 -22 -,O July 20, 2010 Meredith Reckert, AICP Senior Planner Community Development Department 7500 W. 29 Ave, Wheat Ridge, CO 80033 -8001 RE: Annexation of two remnant parcels of right -of -way in the vicinity of W. 5d Avenue/Kipling Street Dear Meredith: We have reviewed the above mentioned referral and have no comments or concerns. Thank your for the opportunity for this review. Sincerely, i j Cheryl Drake Senior Planner P.O. BOX 8101 A8101 RALSTON ROAD AARVADA, COLORADO A80001 -8101 City of Wheat Ridge ITEM NO: DATE: June 28, 2010 REQUEST FOR CITY COUNCIL ACTION 1 2 �,'o /WfieaeP�Le°. �iPLR TITLE: COUNCIL BILL NO. 12 -2010 - AN ORDINANCE APPROVING THE ANNEXATION OF TWO REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX- 10-02 /CITY OF WHEAT RIDGE) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ® NO City Manager ISSUE: Under the Municipal Annexation Act, the annexation of property to a municipality must be accomplished by ordinance with an accompanying resolution of findings of fact regarding the petition. Adoption of the attached council bill on first reading sets the public hearing for August 9, 2010. The annexation petition was executed on May 18, 2010. On June 14, 2010, City Council adopted a resolution finding the proposed annexation to be in substantial compliance with CRS 31- 12- 107(1) and to be eligible for annexation under the statutes. ® ORDINANCES FOR 1 READING (06/28/10) ❑ ORDINANCES FOR 2 READING (08/09/10) The territory is eligible to be annexed if the following criteria are met: 1. More than 50% of the private property owners of more than 50% of the land sought to be annexed sign the petition. Case No. ANX -10 -02 Council Action Form June 28, 2010 Page 2 2. At least 1/6 of the boundary of land sought to be annexed is contiguous with the current City boundary; 3. That a community of interested exists between the area proposed to be annexed and the annexing municipality; 4. That the area is urban or will be urban in the near future; and, 5. That said area is or is capable of being integrated with the annexing municipality. The two parcels to which the annexation petition pertains are currently located in unincorporated Jefferson County but have been deeded to Wheat Ridge as right -of -way. The parcels, which combined are .79 acres in size, contain the acceleration/deceleration lane for Kipling from 51 Place south to 50 Avenue and the traffic signal pole at the entrance to Arvada Ridge from 50th Avenue. Pursuant to the IGA with the City of Arvada, the City of Wheat Ridge agreed to annex these remnant pieces of right -of -way. PRIOR ACTION: A resolution finding the annexation in substantial compliance with CRS 31 -12- 107(1) and eligible for annexation was passed on June 14, 2010. A separate resolution is being considered on June 28, 2010, to modify the public hearing date referenced in the original resolution for acceptance of the annexation petition. FINANCUL IMPACT: None. These pieces of right -of -way are already owned and being maintained by the City of Wheat Ridge. BACKGROUND: The Arvada Ridge development is property located at the northwest corner of 50` and Kipling, in the City of Arvada and is a regional mixed -use development containing 56 acres. The development improvements included the relocation and construction of new Miller Street and W. 50 Avenue extending from Kipling to Miller and improvements to the Kipling Street frontage adjacent to the development. All required right -of -way improvements associated with the development are in place. The decision to annex a property is a legislative decision of City Council. The 1/6 contiguity requirement is met. The petitioner (Randy Young for the City of Wheat Ridge) represents more than 50% of the land proposed for annexation. The area is surrounded by urban development and is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the municipal Annexation Act. By incorporation into the official city maps, the tracts will be zoned A -1. Adopt Council Bill No. 12 -2010 on first reading and set a second reading date. RECOMMENDED MOTION: Case No. ANX -10 -02 Council Action Form June 28, 2010 Page 3 "I move to approve Council Bill No. 12 -2010 an ordinance approving an annexation to the City of Wheat Ridge on first reading, order it published, public hearing set for Monday August 9, 2010 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after publication. Or, "I move to deny the adoption of Council Bill No. 12 -2010 for the following reason(s) REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Director of Community Development ATTACHMENTS: 1. Council Bill No. 12 -2010 2. Resolution No. 25 -2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER COUNCIL BILL NO. 12 ORDINANCE NO Series 2010 TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF TWO REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX -10- 02 /CITY OF WHEAT RIDGE) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. That a Petition for Annexation, together with four (4) copies of the annexation map as required by law, was filed with the City Council on May 18, 2010, by the owner of over fifty percent (50 %) of the area of the territory hereinafter described, exclusive of public streets and alleys, and comprising more than fifty percent (50 %) of the landowners of the property to be annexed. The City Council, by resolution at a properly noticed meeting on June 14, 2010, accepted said Petition and found and determined that the applicable parts of the Municipal Annexation Act of 1965, as amended, have been met and further determined that an election was not required under the Act and that no additional terms and conditions were to be imposed upon said annexation. Section 2 Annexation Approved. That the annexation to the City of the following described property is hereby approved: A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6 t P.M., City of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering ATTACHMENT 1 the east line of the SE1 /4 of said Section 16 to bear South 00 0 12'10" east , with all bearings contained herein, relative thereto; Thence along said East line, South 00 0 12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1 /4, South 00 0 12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 0 52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71 40'06 ", a Radius of 25.00 feet, an arc of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 0 12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 0 58'17 ", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 0 14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: (1) North 00 0 38'47" East, 346.85 feet; (2) Thence North 00 0 51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 0 15'17" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76.acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. Section 3. Effective Date. This ordinance shall take effect 15 days after final publication. 2 INTRODUCED, READ, AND ADOPTED on first reading by a vote of _to _on the 28 day of June, 2010, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 9, 2010, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 9 th day of August, 2010. SIGNED by the Mayor on this day of 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl, City Attorney First Publication: Second Publication: _ Wheat Ridge Transcript: Effective Date: 3 CITY OF WHEAT RIDGE, COLORADO Resolution No. 26 Series of 2010 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31 -12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31 -12 -107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31 -12- 107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31 -12- 107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31 -12- 107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 26 day of July, 2010, at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29 Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21 -12 -104 and 31 -12 -105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. ATTACHMENT 2 Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this 14th day of June, 2010. Jerry i Ilio, Mayor ATTEST Michael Snow, City Clerk 2 EXHIBIT `A' CASE NO. ANX -10 -02 /50 & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6 th P.M., city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the east line of the SE1 /4 of said Section 16 to bear South 00 °12'10" east, with all bearings contained herein, relative thereto; Thence along said East line, South 00 0 12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1 /4, South 00 0 12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 0 52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71 ° 40'06 ", a Radius of 25.00 feet, an arc of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 0 12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 °58'17 ", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 °14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: (1) North 00 0 38'47" East, 346.85 feet; (2) Thence North 00 °51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 0 15'17" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. City of ( Wheat Ridge DATE: June 28, 2010 ITEM NO: l . i ! 1 REQUEST FOR CITY COUNCIL ACTION ( 5 ( v TITLE: RESOLUTION NO. 31 -2010 - A RESOLUTION AMENDING THE PUBLIC HEARING DATE FOR CASE NO. ANX- 10 -02, AS ORIGINALLY SET BY RESOLUTION NO. 25-2010 ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 sT READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2 ND READING ® RESOLUTIONS QUASI - JUDICIAL: ❑ YES ® NO )) / J T. '// I I.V, City Manager ISSUE: Resolution No. 25 -20 10 passed at the regular City Council Meeting on June 14, 2010. The resolution pertained to an annexation of two remnant parcels of right -of -way being considered for annexation, finding the annexation petition to be in substantial compliance with C.R.S. 31- 12- 107(1) and setting a public hearing date of July 26, 2010. Staff is requesting an amendment pursuant to Resolution No. 3 1-20 10 modifying the public hearing date in order to comply with noticing requirements for the annexation process prescribed by state statutes. The new public hearing date for the annexation ordinance would be August 9, 2010. PRIOR ACTION: Resolution No. 25 -2010 provided for the finding of the annexation petition executed on May 18, 2010 to be in substantial compliance with C.R.S. 31 -12- 107(1) and setting a public hearing date of July 26, 2010. FINANCIAL IMPACT: None Case No. ANX -10 -02 Council Action Form June 28, 2010 Page 2 BACKGROUND: None Adopt Resolution No. 31 -2010 RECOMMENDED MOTION: "I move to adopt Resolution No. 31 -2010 a resolution amending Resolution 25 -2010 setting a public hearing date of August 9, 2010 for Case No. ANX- 10 -02." Or, "I move to postpone indefinitely the adoption of Resolution No. 31 -2010 for the following reason(s) " Meredith Reckert, Senior Planner Kenneth Johnstone, Director of Community Development ATTACHMENTS: 1. Resolution No. 31 -2010 CITY OF WHEAT RIDGE, COLORADO Resolution No. 31 Series of 2010 TITLE: A RESOLUTION AMENDING RESOLUTION NO. 25, SERIES 2010 AMENDING THE PUBLIC HEARING DATE FOR CASE NO. ANX -10 -02 PERTAINING TO ANNEXATION OF REMNANT PARCELS OF RIGHT -OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO WHEREAS, on June 14, 2010, the City Council adopted Resolution No. 25, Series 2010, finding an annexation petition to be in substantial compliance with C.R.S. 31 -12- 107(1); and WHEREAS, the resolution set a public hearing date of July 26, 2010 for the annexation ordinance; and, WHEREAS, in order to meet statutory noticing requirements, the date of the public hearing must be modified to be August 9, 2010; WHEREAS, the recitals contained in resolution No. 25, Series 2010 are incorporated by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The public hearing date established pursuant to the approval of Resolution No. 25 -2010 is hereby amended to be August 9, 2010. Section 2. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this 28th day of June, 2010. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk ATTACHMENT 1 AN!-io -oa Jefferson County Board of County Commissioners 100 Jefferson County Pky. Golden. CO 80419 -- 70 - 10 0290 0001 3035 3820 Ellen eman County Attorney 100 Jefferson County Pky. Golden. Colorado 80419 7010 0290 0001 3035 3813 Jefferson County - coo rs is P.O. Box 4001 Golden, CO 80401 7010 0290 0001 3035 3806 Jefferson County Law Enforcement Authority 100 Jefferson County Pky., Suite 4570 Golden, Colorado 80419 7010 0290 0001 3035 3790 Regional Transportation District 1600 Blake St. Denver, CO 80202 7010 0290 0001 3035 3783 Apex Park & Recreation District 13150 W. 72 Ave. Arvada, CO 80005 -3116 7010 0290 0001 3035 3776 Arvada Fire Protection District 7903 Allison Way, Suite 100 Arvada, CO 80005 -4495 7010 0290 0001 3035 3 769 0 P191,-2,I) /6) 77 Clear Creek Valley Water & Sanitation District 5420 Harlan St. Arvada, CO 80002 7010 0290 0001 3035 3721 v alley water Distric 12101 W. 52 Ave. Wheat Ridge, CO 80033 -1911 7010 0290 0001 3035 3714 Metropolitan Football Stadium District 1701 Bryant St. Suite 500 Denver, CO 80204 7010 0290 0001 3035 3707 D enver Metro. to ium District 2195 Blake St. Denver. CO 80205 7010 0290 0001 3035 3691 Moffat Tunnel Improvement Distric C/O Colorado Department Of Local Affairs 1313 Sherman Street, Room 521 Denver. CO 80201 7010 0290 0001 3035 3684 n wollorth, Director Jefferson County Planning & Zoning Dept. 100 Jefferson County Pky. Golden, CO 80419 7010 0290 0001 3035 3677 ie m Director of Community Development City of Arvada 8101 Ralston Rd. Arvada, CO 80002 Ralph Schell County Administrator 100 Jefferson County Pky. Golden. CO 80419 7010 0290 0001 3035 3752 Urban Drainage & Flood Control District 2480 W. 26th Ave., 4156B Denver, CO 80211 70 10 0290 0001 3035 3745 Urban Drainage & Flood, South Platte Levy 2480 W. 26 Ave., Suite 156 -B Denver, CO 80211 7010 02 90 0001 3035 3660 y r� 7010 0290 0 001 3035 3738 www.d.w'heatridge.coms ,Ed City of Wheatidge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 CERTIFIED LETTER NOTICE July 15, 2010 Address Address Address Re: Annexation of two remnant parcels of right -of -way in the vicinity of West 50 Avenue/Kipling Street To Whom It May Concern: In compliance with the provisions of the Section 31 -12- 108(2) C.R.S., please find enclosed a copy of the published public hearing notice, together with a copy of the City Council resolution setting the public hearing date. Also included is the Annexation Petition with Annexation Map concerning the annexation to the City of Wheat Ridge of territory therein described. The provisions of annexation laws of the State of Colorado require that such mailing be made to the Board of County Commissioners of the County, the County Attorney and to each Special District or School District having territory within the area to be annexed. If you have any questions about the materials, please contact me a 303 - 235 -2848. Sincerely, Meredith Reckert, AICP Senior Planner Enclosures: 1. A copy of the publisher's affidavit with publication as proof of the publication of the notice of the public hearing. 2. A copy of the Council Resolution setting the hearing date. 3. A copy of the Annexation Petition. 4. A copy of the Annexation Map. ANX1002.doc www.ci.wheatridge.co.us Jefferson County Board of County Commissioners 100 Jefferson County Pky. Golden, CO 80419 Ellen Wakeman County Attorney 100 Jefferson County Pky. Golden, Colorado 80419 Jefferson County R -1 School District P.O. Box 4001 Golden, CO 80401 Jefferson County Law Enforcement Authority 100 Jefferson County Pky., Suite 4570 Golden, Colorado 80419 Regional Transportation District 1600 Blake St. Denver, CO 80202 Apex Park & Recreation District 13150 W. 72 "d Ave. Arvada, CO 80005 -3116 Arvada Fire Protection District 7903 Allison Way, Suite 100 Arvada, CO 80005 -4495 Ralph Schell County Administrator 100 Jefferson County Pky. Golden, CO 80419 Urban Drainage & Flood Control District 2480 W. 26th Ave., #156B Denver. CO 80211 Urban Drainage &Flood, South Platte Levy 2480 W. 26 Ave., Suite 156 -B Denver, CO 80211 Clear Creek Valley Water & Sanitation District 5420 Harlan St. Arvada, CO 80002 Valley Water District 12101 W. 52 "d Ave. Wheat Ridge, CO 80033 -1911 Ralston Fields Urban Renewal Authority Could not find an address — may not be a taxing district Scientific & Cultural Facilities District 899 Logan Street, Suite 500 Denver, CO 80203 Metropolitan Football Stadium District 1701 Bryant St. Suite 500 Denver, CO 80204 Denver Metro. M.L.B. Stadium District 2195 Blake St. Denver, CO 80205 Moffat Tunnel Improvement District C/O Colorado Department Of Local Affairs 1313 Sherman Street, Room 521 Denver, CO 80203 John Wolforth, Director Jefferson County Planning & Zoning Dept. 100 Jefferson County Pky. Golden, CO 80419 Mike Elms Director of Community Development / City of Arvada 1 8101 Ralston Rd. Arvada, CO 80002 CITY COUNCIL MINUTES: June 28, 2010 Page -2- Ms. Berry asked of Mr. Matthews whether the proponents of the petition drive have hired non - citizens; to which Mr. Matthews answered they had. Dean Gokey asked Council and citizens to support the Relay For Life event and cancer research in general. Mr. Gokey also spoke in favor of the citizen petition, asking citizens to contact him if they are in support of the Charter Change and wish to sign the petition. Charles Holcer expressed disappointment in the Council in not getting things done to address the City's revenue shortfalls and excessive spending since the seating of the new Council with last November's election. He is further concerned that Council will be considering spending another $24,500 tonight to study the Administrative Salaries and staffing at City Hall while these determinations should be done by in -house staff and by Council Members themselves. He also disagrees with.public monies being spent to fund a committee to study the various forms of government when the City already has experience and history in both forms today. He believes the Council should consider more aggressive cost - cutting measures. Bob Wilson of Arvada is a candidate for RTD District L and spoke in favor of supporting the completion of the Gold Line and to support those residents of the Metro Area who do not drive with alternative, sustainable transit programs. He urged Wheat Ridge citizens to elect him in November. CONSENT AGENDA A. Resolution 32 -2010 —amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $82,963.54 consisting of the 2010 Colorado Auto Theft Prevention Authority Grant of $75,463.54 and the High Intensity Drug Trafficking Area Program Grant for Police Overtime in the amount of $7,500.00. �Q B. Resolution 31 -2010 —amending Resolution 25 -2010 amending the public v hearing date for Case No. ANX -10 -02 pertaining to annexation of remnant parcels of right -of -way located in the East Half of Section 16, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado. Consent Agenda was introduced and read by Mrs. Langworthy. Motion by Mrs. Langworthy for approval of the Consent Agenda; seconded by Mrs. Adams; carried 7 -0. Property appraisal system 1 Property Information 1 OF 5 Next GENERAL INFORMATION Schedule: 209727 Status: Exempt Parcel ID: 39- 164 -04 -016 Property Type: Exempt Property Address: VACANT LAND Mailing Address: 07500 W 29TH AVE WHEAT RIDGE CO 80033 8001 Neighborhood: - PROPERTY DESCRIPTION Subdivision Name: 082300 - BLUE GRASS TERRACE Page 1 of 1 Print Help Owner Name(s) CITY OF WHEAT RIDGE Block Lot Key ISection jTownship Range Quarter5ection Land Sqft 05 -30 -2007 0001 50B 116 13 169 ISE 3858 Land 0002 100B 116 13 169 SE 1594 Total Total 15452 Assessor Parcel Maps Associated with Schedule mao39- 164.odf SALE HISTORY Graphic Parcel Mao MavOuest Location Sale Date Sale Amount Deed Type Reception 06 -13 -2006 1 0 Special Warranty Deed 12006073409 05 -30 -2007 1 0 ISpecial Warranty Deed IZOO7081694 TAX INFORMATION 2010 Payable 2011 �2Q Actual Value Land 700 Total 700 School Assessed Value Land 200 Total 200 2009 Payable 2010 TBA Actual Value Land 700 Total 700 TBA Assessed Value Land 200 Total 200 Treasurer Information View Mill Levy Detail For Year �2Q 2010 Mill Levy Information Tax District 3105 County TBA School TBA WHEAT RIDGE TBA ARVADA FIRE DIST. TBA CLEAR CRK VLY W &S DIST. TBA REGIONAL TRANSPORTATION DIST. TBA URBAN DRAINAGE &FLOOD CONT DIST TBA URBAN DRAINAGE &FLOOD C SO.PLAT TBA VALLEY W. DIST. TBA Total I TBA 0' p20Q9' http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 209727 &offset =0 6/28/2010 Property appraisal system rty j Informa 1 OF 1 Page 1 of 1 GENERAL INFORMATION Schedule: 447474 Parcel ID: 39- 164 -06 -008 Print Halo Status: Active Property Type: Commercial Property Address: 05025 KIPLING ST Owner Names) ARVADA CO 80033 FOOTHILLS BANK Mailing Address: PO BOX 5847 Range DENVER CO 80217 Land Scift Neighborhood: 201 PROPERTY DESCRIPTION Subdivision Name: 051705 - ARVADA RIDGE Block Lot Key Section !Township Range lQuarterSection - Land Scift 12 -31 -2004 0003 1 116 13 169 SE 57064 817,510 Total 57064 Assessor Parcel Maps Associated with Schedule Graphic Parcel Mao MaoOuest Location mao39- 164.odF SALE HISTORY Sale Date Sale Amount Deed Type Reception 12 -14 -2004 1 0 IPlat F2143596 12 -31 -2004 7,109,800 Special Warranty Deed F2153035 06- 07-2005 1,138,700 ISpecial Warranty Deed 12005031148 TAX INFORMATION 2010 Payable 2011 4 ,20: Actual Value Land 1,370,000 Imp 1,449,000 Total 2,819,000 ARVADA Assessed Value Land 397,300 Imp 420,210 Total 817,510 2009 Payable 2010 TBA Actual Value Land 1,370,000 Imp 1,449,000 Total 2,819,000 TBA Assessed Value Land 397,300 Imp 420,210 Total 817,510 Treasurer Information View Mill Levy Detail For Year 4 ,20: 2010 Mill Levy Information Tax District 1119 County TBA School TBA ARVADA TBA ARVADA FIRE DIST. TBA APEX PARK & REC DIST TBA CLEAR CRK VLY W &S DIST. TBA KIPLING RIDGE METRO DISTRICT TBA REGION AL TRANSPORTATION DIST. TBA RALSTON FIELDS URB RENW 2028 TBA MOFFAT TUNNEL IMPROVEMENT DIST TBA URBAN DRAINAGE &FLOOD CONT DIST TBA URBAN DRAINAGE &FLOOD C SO.PLAT TBA VALLEY W. DIST. TBA Total TBA 1D �a2009m' http: / /www.co. jefferson. co .us /ats /displaygeneral.do ?sch= 447474 &offset =0 6/29/2010 TRACT B 018 TACT 1 2 013 ARVADA RIDGE MIN. RTS. 134 = 39- 164 -94003 6 005 5 oo 1 01 z 4 om TRACT 2 3 008 ;T 3 TRACT A 011 THE W H E AT RIDGE TRANSCRIPT 110 N. FubW Dr., GDld'M, 00 80401 1. 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Opm a mwzmmzm ��9..H n.A °°m 3 ° ° -'^.� °NO `lz °max E tio-,o. dmm3m du 'm °d Top z z N b D y n m °' Top MO o n 2 y .�. .i Ld¢�NN n mN 3W a� .z NNJ 06 NN.m° m dOo OZ [l H A O C Ohm O y n °nn.'OA > m 1i o, g mD ° o °yam m 6 l 0 m d mza N D n o o na ; T Oo mm> a'd m 6 my`�Ommny mw _ .z nm =dd q£mNm�O mA F m'�23N0 W4 m� "I N m M O S ' N Od m N 2 2 l L . O 2 ' T y d my mmsoz O o 'o x� o W mm ^o Zd n� 0 03 8 a b 0. 6, .a 5 , o� .ACa.d� - 'd ��d4s o o °nSB T K.D _ _.nm ] ]Jahn 0 0 CITY OF WHEAT RIDGE, COLORADO Resolution No. 31 Series of 2010 TITLE: A RESOLUTION AMENDING RESOLUTION NO. 25, SERIES 2010 AMENDING THE PUBLIC HEARING DATE FOR CASE NO. ANX -10 -02 PERTAINING TO ANNEXATION OF REMNANT PARCELS OF RIGHT - OF -WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO WHEREAS, on June 14, 2010, the City Council adopted Resolution No. 25; Series 2010, finding an annexation petition to be in substantial compliance with C.R.S. 31- 12- 107(1); and WHEREAS, the resolution set a public hearing date of July 26, 2010 for the annexation ordinance; and, WHEREAS, in order to meet statutory noticing requirements, the date of the public hearing must be modified to be August 9, 2010; WHEREAS, the recitals contained in resolution No. 25, Series 2010 are incorporated by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The public hearing date established pursuant to the approval of Resolution No. 25 -2010 is hereby amended to be August 9, 2010. Section 2. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this 28th day of June, 2010. Jer ullio, Mayor A TT ST Michael Snow, City Clerk CITY OF WHEAT RIDGE, COLORADO Resolution No. 25 Series of 2010 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31 -12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31 -12 -107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31- 12- 107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31- 12- 107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31- 12- 107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 26 da y of July, 2010, at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29"' Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21 -12 -104 and 31 -1.2 -105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article Il, Section 30, as amended. Section & Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this 14th day of June, 2010. Jerry i Ilio, Mayor ATTEST- now, City Clerk 2 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31 -12- 103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A ", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31 -12 -104 exist or have been met: a. Not less than 1 /16th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31 -12 -105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership; b. No land area within the Property 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 comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. c. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; d. The entire width of all streets and alleys to be included within the area annexed are included. e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to GED \53027 \469207.01 1 landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. S. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31- 12- 102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. LANDOWNER(S): By: G. Randolph Young Mailing Address: 7500 W. 29` Avenue Wheat Ridge, CO 80033 STATE OF COLORADO ) S.S. COUNTY OF .P V ) nn Subscribed and sworn to before me this day of 2010, by A y, H d - Witness my hand and official seal. My commission expires: - /% . i Notary PWic pUBtUG • �� • P �F • CG� Q � GED \53027 \469207.01 2 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) P e rec4i-f h iiV °cue tieing first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCULATOR Meredith S. Reckert STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed 'and sworn to before me this - /,r�� day of 2010, by Atred" S . Reeklo- F Witness my hand and official seal. My commission expires: K A � , �Z : � o :�� Notary Publiicc TgR. ° uBLt G . 0 P OF co o GED \53027 \469207.01 1 EXHIBIT A CASE NO. ANX- 10- 02 /50 & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6 °i P.M., city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the east line of the SEl /4 of said Section 16 to bear South 00 °12'10" east , with all bearings contained herein, relative thereto; Thence along said East line, South 00 1 12' 10" East, 287.00 feet to the northeast comer of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SEl /4, South 00 1 12' 10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 1 52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71 40'06 ", a Radius of 25.00 feet, an are of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 °12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 0 14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: -1- (1) North 00 0 38'47" East, 346.85 feet; (2) Thence North 00 °51'51" East, 90.01 feet to the northwest comer of said Tract 1; Thence along the north line of said Tract 1, South 85 7" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. -2- EXHIBIT B ANNEXATION BOUNDARY MAP [Attached) -3- lt City of a(. Wheatl�dge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 Case No. ANX -10 -02 /50 and Kipling Applicant: City of Wheat Ridge Location and size of parcels being annexed: Parcel 1: A strip of land which is the western -most portion of the right -of -way for Kipling Street adjacent to the Arvada Ridge development containing .76 acres at approximately 5105 Kipling Street. Parcel 2: A piece of land which contains a traffic signal at the Arvada Ridge entrance to W. 50 Avenue containing .03 acres at approximately 10101 W. 50 Avenue. The right -of -way in question has been dedicated to the City of Wheat Ridge but is not located within the boundary of the City limits. The IGA between Wheat Ridge and Arvada requires the city annexation these remnant parcels. www.ci.wheatridgexo.us ANNEXATION TIMELINE City of Wheat Ridge remnant r -o -w parcels at 50 Step Action/Date Commenta I Pre-application Not required 2 Submit petition to be signed by Mayor, Petition prepared by Staff for (annexation agreement, annexation impact Mayor's signature report, fees not required) May 6, 2010 Who would be the person to sign as the circulator? 3 Internal /external referral Is a full referral process May 9 — May 14, 2010 necessary? All adjacent properties are part of Arvada and WR. PW should review just to make sure legal is okay and there is one- sixth contiguity. 4 Comments back/resubmittal for CC packet Ditto comment above This is our p eti tion so no comments back. 5 Resolution of City Council accepting petition (sets hearing 30 -60 days out) — June 14, 2010 acket tom r. June 4 6 Send copy of annexation hearing notice to Do we need to do this since all adjacent property owners properties are developed and incorporated within Arvada or Wheat Ridge? 7 Post and notice for PC hearing on zoning Not necessary if no zoning for www.ci.wheatridgexo.us development 8 Planning Commission public hearing Ditto comment above 9 Newspaper notices of annexation (publish once per week with the first publication at least 30 days before hearing: 31- 12- 108(2). Post copy of notice) July 1 July 8 July 15 3 - -Ur y f 10 First reading of annexation ord. and zoning ordinance (packet to CM by February 11) June 28, 2010 (to mgr. by June 18) 11 Submittal of annexation impact report to City Annexation Impact report not if not provided with submittal of petition (25 necessary days before annexation hearing) 12 Notices of annexation petition (25 days before Is this necessary? There should hearing to County, taxing districts, school be no taxing implications. district) G 13 Annexation ipact rgrt to County_(20 days We will request a waiver of this. before ann , tioyrhe g) Jul 6,260 14 Certified letter and posting for public hearing Does this need to happen? There if rezone regiuest js -part of the application.(1.5 days) letter to /wners fiave are no adjacent parcels that are in Jeffv :courtesy o wJro not unincorporated . signydpet'iti6n Jul 9, 20'10 15 Ordinance is published prior to public hearing on second reading (at least 7 days before hearing; Charter 5.12) J (to Transcript by July 12) 16 Second reading of annexation ordinance — City Council public hearing I2 6 (Packet to mgr. by-h%f:Mr_,, ?. 17 Recordation of documents Aug 2, 2010 Page 1 of 1 Kathy Field From: Meredith Reckert Sent: Tuesday, April 27, 2010 9:45 AM To: Gerald Dahl Cc: Dave Brossman; Kathy Field Subject: follow -up Follow Up Flag: Follow up Flag Status: Red Attachments: process timeline.dot Hi, Jerry- Thanks for working me into your schedule yesterday. Today Kathy and I are preparing the PC agenda for the May 6 study session. If you could email her the revised information directly that would be great. Her email is kfield(a)ci.wheatridoe.co.us. I did have a couple of other items to discuss with you but we ran out of time 1. Annexation schedule with commentary for the 50th & Kipling remnant r -o -w parcels. I had sent you a tentative annexation schedule and had a couple of questions regarding zoning and whether certain statutory requirements needed to be met. I have attached another copy. 2. Vacation of utility and access easement. Yesterday Dave Brossman and I met with a surveyor from Jahn and Associates who is desirous of vacating a water line easement that impedes building expansion. The water line has been moved but the easement is still in place. The question at hand is how this should be processed. They do not want to file an amended plat due to the cost of new survey, etc. to the client. If we process the vacation as a separate document is it similar to a right -of -way vacation which requires both Planning Commission and City Council public hearing action? The subdivision regulations are somewhat vague on what the required process would be. Let me know if you have any questions. I'll be in the office today but out the rest of the week. Thanks - M Meredith Reckert, AICP Senior Planner 7500 W. 29 Avenue Wheat Ridge, CO 80033 Office Phone: 303 -235 -2848 FAX: 303 - 235 -2857 www.ci.wheatridize.co.us xl CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 6/18/2010 Page 1 of 2 Meredith Reckert From: Gerald Dahl [gdahl @mdkrlaw.coml Sent: Thursday, June 17, 2010 5:40 PM To: Meredith Reckert Subject: RE: annexation schedule Mere, As we set the hearing by resolution, I think we need to change it by resolution; a very short reso amending the orig reso to alter the date of the public hearing would do the trick. Gerald E. Dahl gdahl @mdkrlaw.com Direct: 303- 493 -6686 Murray Dahl Kuechenmeister &, Renaud LLP 1530 16th Street, Suite 200 Denver, CO 80202 Phone: 303 - 493 -6670 Fax: 303- 477 -0965 This electronic mail transmission and any accompanying documents contain information belonging to the sender which may be confidential and legally privileged. If you are not the intended recipient of this e -mail, you are hereby notified that any dissemination, distribution or copying of this e -mail, and any attachments thereto, is strictly prohibited. If you have received this e- mail in error, please notify me immediately by telephone or e -mail and destroy the original message without making a copy. Thank you. From: Meredith Reckert [mailto: Sent: Thursday, June 17, 2010 To: Gerald Dahl Subject: annexation schedule Hi, Jerry mreckert@ci.wheatridge.co.us] 2:53 PM I am working on the annexation for remnant r -o -w parcels at 50th and Kipling and made a fatal error. I had the petition acceptance by CC which occurred on June 14 setting a public hearing date for July 26 but when I took another look at the four week noticing requirement, I think we need to bump the hearing date two weeks to August 9. How do I go back and correct this? I am preparing the first reading of the ordinance for the June 28 CC meeting. Could they tack on another motion extending the hearing date set by the resolution? Let me know what you think. As ever, your assistance is much appreciated. 6/18/2010 Page 2 of 2 M Meredith Reekert, AIC1 Senior Planner ^500 W. 2V A% cane Wheat Ride, CO 80033 Office Phone: 343- 235 -2848 FAX: 303 - 235 -2857 www.ci.wheatridee.co.us Ldfti• co( Wheat i�c C °ct kyx�[a:.tr I v C3 t v[7 z trxra� t CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or of this communication is prohibited. If you received this communication in erm; please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 6/18/2010 !-F r ov" rt or _ Wheatdge, -- ITEM NO:� / DATE: June 14, 2010 REQUEST FOR CITY COUNCIL t y SERy� ` ? ,,OLE C L N ti Ro ��'oiNfieatPa9 Off,° N eacP� TITLE: RESOLUTION NO. 25 -2010 — A RESOLUTION FINDING A PETITION FOR ANNEXATION OF LAND LOCATED IN THE EAST HALF OF SECTION 16 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31 -12- 107(1), COLORADO REVISED STATUTES AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE ANNEXATION (CASE NO. ANX- 10 -02) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS ❑ ORDINANCES FOR IST READING ❑ ORDINANCES FOR 2 READING QUASI - JUDICIAL: ❑ YES I Community Developme irector ISSUE: An annexation petition was prepared and executed on May 18, 2010 relating to two parcels of right -of -way owned by the City of Wheat Ridge but located in unincorporated Jefferson County. The total acreage of lands being annexed is 0.79 acres. The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The first step is the presentation of the annexation petition to City Council and the determination by City Council whether the property in question is eligible for annexation under the statutes, and if so, setting a hearing date to consider the annexation. Council Action Form Case No. ANX -10 -02 June 14, 2010 Page 2 Under the statutes, territory is eligible to be annexed if the following criteria are met: • More than 50% of the owners of more than 50% of the land sought to be annexed, excluding rights -of -way, sign the annexation petition. • At least 1/6 of the boundary of the land sought to be annexed is contiguous with the current City boundary. • That a community of interest exists between the area proposed to be annexed and the annexing municipality; • The area is urban or will be urban in the near future. • That said area is or is capable of being integrated with the annexation municipality. PRIOR ACTION: None. Only City Council acts upon annexation petitions. FINANCIAL IMPACT: None. These pieces of right -of -way are already owned and being maintained by the City of Wheat Ridge. The Arvada Ridge development is property located at the northwest comer of 50 and Kipling, in the City of Arvada and is a regional mixed -use development containing 56 acres. The development improvements included the relocation and construction of new Miller Street and W. 50 Avenue extending from Kipling to Miller. The two parcels to which the annexation petition pertains are currently located in unincorporated Jefferson County but are considered Wheat Ridge's right -or -way for maintenance purposes. The parcels contain the acceleration/deceleration lane for Kipling from 51 Place south to 50 Avenue and the traffic signal pole at the entrance to Arvada Ridge from 50th Avenue. The decision to annex a property is a legislative decision of City Council. The 1/6 contiguity requirement has been met. The petitioner (Randy Young for the City of Wheat Ridge) represents more than 50% of the land proposed for annexation. The area is surrounded by urban development and is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. By incorporation into the official City maps, the tracts will be zoned A -1. Approve acceptance of the petition as being one of the conditions of the IGA for Arvada Ridge and set first and second reading dates. RECOMMENDED MOTION: "I move to adopt Resolution No. 25 -2010 a resolution, finding the proposed annexation to be in substantial compliance with CRS 31 -12- 107(1) and to be eligible for annexation and setting a Council Action Form Case No. ANX -10 -02 June 14, 2010 Page 3 first reading date of June 28, 2010 on an annexation ordinance, and public hearing date of July 26, 2010." Or, "I move to deny the adoption of Resolution No. 25 -2010 for the following reason(s) REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Director of Community Development e ATTACHMENTS: 1. Annexation Petition with attachments 2. Resolution No. 25 -2010 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31 -12- 103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: I . The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A ", hereinafter referred to as the "Property." Ridge. 2. It is desirable and necessary that the Property be annexed to the City of Wheat 3. The following requirements of C.R.S. § 31 -12 -104 exist or have been met: a. Not less than 1/1 6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31- 12 -I05 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership; b. No land area within the Property 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 comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; d. The entire width of all streets and alleys to be included within the area annexed are included. e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to GED \530271469207.01 1 ATTACHMENT 1 Iandowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31- 12- 102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. LANDOWNER(S): By: G. Randolph Young Mailing Address: 7500 W. 29' Avenue Wheat Ridge, CO 80033 STATE OF COLORADO Subscribed and sworn to before me this M11 day of //4t I 2010, by Cn.IPwKGfi !� (yI"q Witness my hand and official seal. My commission expires: S17,441 Notary ' PUBLIC'.. GED15302T469207.01 2 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) s.s. COUNTY OF JEFFERSON ) P e ired rE H Rpk �eing first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCULATOR Meredith S. Reckert STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON } Subscribed 'and 'sworn to before me this day of 2010, by Ae tdgA S . ke.tker•f Witnessmy hand and official seal. My commission expires: 6 f 1 Notary Public AUBOG GED\53027T469207.01 1 EXHIBIT A CASE NO. ANX -10 -02/50 & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6` P.M., city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1. Tracts I and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter comer of said Section 16, and considering the east line of the SEI /4 of said Section 16 to bear South 00 0 12 1 10" east, with all bearings contained herein, relative thereto; Thence along said East line, South 00012'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SEI /4, South 00 °12'l 0" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 1 52'54" West, 67.80 feet to the westerly comer of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: . (1) ' Along a non - tangent curve to the left having a delta of 71 40'06", a Radius of 25.00 feet, an are of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 0 12'49" cast, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following 46 courses: (1) north 000 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 a radius of 3859.70 feet, an are of 200.16 feet and a chord which bears north 01 °14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: so (1) North 00 °38'47" East, 346.85 feet; (2) Thence North 00 0 51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. -2- EXHIBIT B ANNEXATION BOUNDARY MAP [Attached] -3- ii b m m$ FFA A 4 8 B.A SAoA4 Y., AGUi r 8 « ,� AQFo �o 0 4 0 _4 A o R o P�,q S `? §gym 3¢� X49£ as R e3 �. ice°. 4 A;, S4 "�» nsmgGm 043 hg9QR s §ke U 4 �aR. -P Ui 4Raae5 �'.n A4 °4g � RA 3SmS++ °R° B »u g ' 3 k R ..A_", °� 3 �SA 4 mn C o R8 P��MB Y� �'aF o M »» �+ H 9a HN �n£ '" � m 4 $ £ .»'. 8 � ^'' =2 f • ° P �g u3£� -. mR�b6 3 a ,», 2 A R "R' $4A .'" £ ` M C P E moG° 9 0 m � P g 0 H . 2 ° R z�: RS 8 v gR" io R ga fid v �re r_). 1, n° i cg 0 P � ®L . rm s� �Zb s i= AAio 8. Rry o ®m Z� ng -F m w�g 6fl g 4.M » C f9 8 m r Z z`P' p5 7 1 2 �d {N gg ggg I A el � III ai ^�y a i R Cn _ 4 v5 S T k i m i p R M- j sl � i i e. E I I �I yn. icz w a '� A oyn w WE Zb 5, C u" f i — B� s o� e� a _ d Y � 0 gm ;K, Z m yn. icz w a '� A oyn w O $� Zb d Y � 0 gm ;K, Z m n e. �5rn � x 8qq — GK Q ®- nm S > Zb ®n> C F ,g� 5 ° 1 0 ®Z ® Ng ® ®OFD — ®b � � d r � � n e. �5rn � x 8qq — GK Q CITY OF WHEAT RIDGE, COLORADO Resolution No. 25 Series of 2010 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF LAND LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31 -12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31 -12 -107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31 -12- 107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31 -12- 107(1), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31 -12- 107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 26 y of July, 2010, at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29 Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21 -12 -104 and 31 -12 -105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this 14th day of June, 2010. ATTACHMENT 2 Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 EXHIBIT 'A' CASE NO. ANX -10 -02 /50 & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6" P.M., city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the east line of the SE1 /4 of said Section 16 to bear South 00 0 12'10" east , with all bearings contained herein, relative thereto; Thence along said East line, South 00 °12'10" East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1 /4, South 00 0 12'10" East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 0 52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71° 40'06 ", a Radius of 25.00 feet, an arc of 31.27 feet and a chord which bears north 38 0 02'51" east, 29.27 feet; (2) Then north 02 0 12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00° 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 0 58'17 ", a radius of 3859.70 feet, an arc of 200.16 feet and a chord which bears north 01 °14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: (1) North 00 °38'47" East, 346.85 feet; (2) Thence North 00 0 51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 0 15'17" East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. rd Page 1 of 1 Meredith Reckert From: Meredith Reckert Sent: Tuesday, April 27, 2010 9:45 AM To: 'Gerald Dahl' Cc: Dave Brossman; Kathy Field Subject: follow -up Attachments: process timeline.dot Hi, Jerry- Thanks for working me into your schedule yesterday. Today Kathy and I are preparing the PC agenda for the May 6 study session. If you could email her the revised information directly that would be great. Her email is kfie d @c. i. wheatridge. co. us. I did have a couple of other items to discuss with you but we ran out of time. 1. Annexation schedule with commentary for the 50th & Kipling remnant r -o -w parcels. I had sent you a tentative annexation schedule and had a couple of questions regarding zoning and whether certain statutory requirements needed to be met. I have attached another copy. 2. Vacation of utility and access easement. Yesterday Dave Brossman and I met with a surveyor from Jehn and Associates who is desirous of vacating a water line easement that impedes building expansion. The water line has been moved but the easement is still in place. The question at hand is how this should be processed. They do not want to file an amended plat due to the cost of new survey, etc. to the client. If we process the vacation as a separate document is it similar to a right -of- way vacation which requires both Planning Commission and City Council public hearing action? The subdivision regulations are somewhat vague on what the required process would be. Let me know if you have any questions. I'll be in the office today but out the rest of the week. Thanks- IM Meredith Reeizert, AIC"P Senior Planner '1500 W, 29"' Avenue Wheat Ridse.CO 80933 Office Plhone: 303- 235 -2848 FAX: 303-215-28S' www.ci.wheatrid2e.co.us �' ]" City oI y y t lg CC3:4;R h6 wNrl T) v1j_OrhgN -r CONFIDENTIALITY NOTICE: This e-mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 4/27/2010 e �t A City Of l Wheat -Midge COMMUNITY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29' Ave. Case No. ANX -10 -02 /50 and Kipling Applicant: City of Wheat Ridge Location and size of parcels being annexed: Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: 303.235.2857 Parcel 1: A strip of land which is the western -most portion of the right -of -way for Kipling Street adjacent to the Arvada Ridge development containing .76 acres at approximately 5105 Kipling Street. Parcel 2: A piece of land which contains a traffic signal at the Arvada Ridge entrance to W. 50 Avenue containing .03 acres at approximately 10101 W. 50 Avenue. The right -of -way in question has been dedicated to the City of Wheat Ridge but is not located within the boundary of the City limits. The IGA between Wheat Ridge and Arvada requires the city annexation these remnant parcels. w .eimheatridgexo.us ANNEXATION TIMELINE City of Wheat Ridge remnant r -o -w parcels at 50 Step Action/Date Commenta 1 Pre - application Not required 2 Submit petition to be signed by Mayor, Petition prepared by Staff for (annexation agreement, annexation impact Mayor's signature report, fees not required) May 6, 2010 Who would be the person to sign as the circulatory 3 Internal /external referral Is a full referral process May 9 — May 14, 2010 necessary? All adjacent properties are part of Arvada and WR. PW should review just to make sure legal is okay and there is one- sixth contiguity. No referral needed 4 Comments back/resubmittal for CC packet Ditto comment above This is our etition so no comments back. 5 Resolution of City Council accepting petition yes (sets hearing 30 -60 days out) — June 14, 2010 (packet tom r. June 4 6 Send copy of annexation hearing notice to Do we need to do this since all adjacent property owners properties are developed and incorporated within Arvada or Wheat Ridge? No 7 Post and notice for PC hearing on zoning Not necessa if no zoning for w .eimheatridgexo.us W p ,^ development no 8 Planning Commission public hearing Ditto comment above no 9 Newspaper notices of annexation (publish once per week with the first publication at least 30 days before hearing: 31- 12- 108(2). Post copy of notice) A 2U July 1 July 8 July 15 ti l L2 10 First reading of annexation ord. and zoning ordinance ) June 28, 2010 (to mgr. by June 18) 11 Submittal of annexation impact report to City Annexation Impact report not if not provided with submittal of petition (25 necessary no waiver necessary if days before annexation hearing) less than 10 acres 12 Notices of annexation petition (25 days before Is this necessary? There should hearing to County, taxing districts, school be no taxing implications. Must do district) 5 with copy of notice, resolution of substantial compliane, copy of petition by registered (certified oka 13 Annexatign impact report to County (20 days We will request a waiver of this. before annexation hearing) no Jul 6, 1010 14 Certified letter and postingfor public hearing Does this need to happen? There if rozone req st is part f the app) ication ( days) court sy letter t�owners vho hau n f are no adjacent parcels that are in unincorporated Jeffco. no Signed petiti n i =9 201 L' _ July 15 (5rdinance is published prior to public hearing on second reading (at least 7 days before hearing; Charter 5.12) I 3uly�15,-20 to Transcript b ) 16 Second reading of annexation ordinance — f City Council public hearing July=2-6-(Packet ,, ., v tom r. by July 16 J 17 Recordation of documents A , 2014-- -,.. -- p ,^ Page 1 of 1 Meredith Reckert From: Dave Brossman Sent: Monday, October 12, 2009 2:08 PM To: tgoertz @tstdenver.com Cc: Kenneth Johnstone; Steve Nguyen; Chuck Braden; Meredith Reckert Subject: Approved Kipling Annexation Map Attachments: KIPLING ANNEXATION_ Approved 10- 12- 09.pdf Hi Taylor — I received, reviewed, and approved the Kipling Annexation Map you sent to me. We will be anticipating the Mylar® copies from you which we will then take through our annexation process. I attached an approved copy for your e -file. Thanks again for your swift response to this outstanding business left over from the Arvada Ridge project. 10 David F. Brossman, P.L.S. Development Review Engincer. City Surveyor %500 W. 29th Avenue Wheat Ridge. Colorado 80033 Office and Fax: 303 -235 -2864 www ci.wheatndgc.cn,us 7_ Ciity of I'I BLIC WORKS Please considor 111e c itvgrnaualiali befo - e p itifst" tna: e -trait CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which yom computer is connected. Thank you. 10/28/2009 MAP 39 -164 DISCLAIMER Caution: This map is for assessment purposes only. It is not necessarily accurate by surveying standards. DO NOT USE FOR LEGAL CONVEYANCE. Subsequent editions with updated information will be published on a continual basis. Therefore, the information contained on this map may be modified or altered. Section Lines Tie Bar Lines ^� Subdivision Lines ' Quarter Section/Lie Bar Lines Township Boundaries County Boundaries All Others Right of Way, Water & Rail Road (Areas without parcel numbers) Metes & Bounds Related (Block numbers 99 & 00) This map was last updated: Wednesday March 30, 2005 at 1:18 PM Jim Everson Assessor FEET 0 10 300 3W Ilnilially plotted at l' X100; Grl:1200) R 21 V 0. 20 w R 29 w 22 TxS 6 5 4 3 2 1 8 9 10 11 12 32 31 30 39 ss 18 D 16 15 14 13 42 41 40 49 T11 19 20 21 22 23 24 52 51 50 59 s 30 29 28 D 2fi 25 31 32 33 34 35 36 62 61 60 69 us SECTION INDIX n n ro N W N E 82 81 80 Tel 92 91 Tse 3.4:.: SW "SE. 02 01 T:os QURREER SECTION COUNTY INDEX .Digit Township Code: 18P DISCLAIMER Caution: This map is for assessment purposes only. It is not necessarily accurate by surveying standards. DO NOT USE FOR LEGAL CONVEYANCE. Subsequent editions with updated information will be published on a continual basis. Therefore, the information contained on this map may be modified or altered. Section Lines Tie Bar Lines ^� Subdivision Lines ' Quarter Section/Lie Bar Lines Township Boundaries County Boundaries All Others Right of Way, Water & Rail Road (Areas without parcel numbers) Metes & Bounds Related (Block numbers 99 & 00) This map was last updated: Wednesday March 30, 2005 at 1:18 PM Jim Everson Assessor ANNEXATION MAP RIDGE HOME ANNEXATION FOR SHE ANNEXATION TO THE CITY OF WHEAT RIDGE OF THE FOLLOW NQ: TRACTS 9, 2, 3, 4, AND MILLER STREET e e o SANDRA LYNN SUBDIVISION OVA gRMIMLVA G HuQADLt TOGETHER WITH PORT1 ONS OF WLLER STREET AND G' DUNG STREET RIGHT- OCR -`MAY, ---- - -, - -- LOCATED ON THE EAST 9/2 OF 8EC7OOHI 16, T'OWNSEHP 3 SOUTH, RANGE 69 WEST 60 �' OF THE Sth PRONIMPAIE MERI]DOAN, COTY OF ARVADA, JEFFERSON COUNTY, COLORADO I�6ul I V 4 R= 3859.70' \) I $g 58 57 56 1 �I 1 0 3 1 SANDRA 7ERR4 SUBD /WSION 1 L= 195.413' KIPLING 5000 PLAZA SUBDIVISION \ 72 UNPLA77ED 1 1 - ____1___L__ 1__J ®1 I J 1 4 1 11 I 12 1 1J I 14 I 15 I I6 I l7 I 18 I� 1 (TRACT t) I I a NA \ ` §� ®GSA �A� _ _ _ _ 1 BL06K 2 ' BLOCK 3 POINT OF \ \ KIPLING 5000 BUSINESS PARK Y �___�__�� L___L ___1___.7___.7___1 ___L ___�__�� BEGINNING 0= 05'52'22" \ D= 03'08'04" 030]55" R.O.W. WIDTH VARIES PARCEL 2 1 J -A I 2 -A 1 -A - - - - - -- ft 3859.70' W011 L�011G1VJ PARKWAY fl//pB4 /n\M R = 322500 ( ) ) (0.76 ACRES) L = 395.20' (395.61') - - -- \ 2 \\� / IN Il IIVG ITARK VG/n\11 L.__________ 1 ] 1 L = 1]6.44' (176.28') N 88'54'4] "W O CH = N 02'42'00 "E 395.00' \ ��\ R.O.W PER STATE BOARD OF LAND COMMISSION CH = 5 75'30'05 'W I76 41' 1000' 500'12'10'E N 05 '38'00 "E (N 02'41'33 "E 395 44'- �- -- - - ->- _ - _ _ _ _ _ (BOON 25 R.O.W. 2550, RECEP ➢ON N0. 84015105 AND EAST 1/4 CORNER ' ) _ � ������ BOOK 25 R.O.W. 2563, RECEPTION NO 84089026) SECTIO (8 ]5'0]48 W 1]6.26) N 16 28700' 139.70' (TOTAL CURVE) 1974.5fi TO 1/4 CORNER�f --� o D - 500'12'10 "E 701094' � �rrrrurr_rru rrrrr \ - 361.20' i N00'38'47 "E \ 5 \ I 22 40 • NO Bull' 1 "E \ \\ LOT y 90.01' \ \� ARVADA RIDGE TRACT 9 ` \ ARVADA RIDGE LOT 6 TRACT O \ I I \ \ I ARVADA RIDGE LOT 2 100 0 100 200 \ \ R= 830.00' scale 1" =100 feet \ \ /� PREPARED: JULY 21, 2004 \\ \\ REVISED: SEPTEMBER 24, 2004 I\ 1\ REVISED: NOVEMBER 9, 2004 I REVISED: NOVEMBER 24, 2004 \ REVISED: DECEMBER 3, 2004 \ \ c \ \ ` � \ 1 LEGEND UNPLATTED a � \ \ 1 ( ) = MEASURED BEARING AND /OR DISTANCE ON o ARVADA RIDGE PLAT O = CITY OF WHEAT RIDGE 3 -1/4" CAP ON PIPE IN \ \\ ® � -A MONUMENT BOX MARKED: LS 13212 `\ \ ® I \ ND = LIMITS OF RIDGE HOME ANNEXATION \ (RECEP. N0. 85089854) CC o BLOCK 7 n � \ \ \ If NW CORNER OF S 00'12'47' E -WEST LINE SEI /4, HE 1/4 SECTION 16 BE 1/4, NE 1/4 SECTION 16 15 REBAR W/ 2' N.UMINUM CAP MARKED. DWI ARVADA RIDGE LOT 6 NMI ATM D= 19'30'44" R- 570.00' N 74'4027 "E L=194.12' 3108' 5`94336,.. A` ` 50 2 W� — SW CORNER OF ` UNPLATTED SE 1/4, NE 1/4 \ SECTION 16 \ (MONUMENTAPON ID BE NET UPON COMPLE ➢ON OF CONSBUCRON) D= 02'58'17" `00'14'00 "W R= 3859.70' T��T L= 200.16' 0.03 AC - C= NO1'14'30 "E 200.14 GE ' ARVADA RID RIDGE OT D= 19'31'26" R= 830.00' L= 282.83' /� / SOO'1210 "E r 1.90 AC Ri 1 236.62' - (PtJdll� I I L OT 8 ARVADA RIDGE c \ L40 AS NO3'54' 45 "E 17]80• m S 0012'10_E _EAST LINE SEI /4 SECTION 16 (BASIS OF BEARINGS) r - _ ______ ___ `02'12'49 "E ` NE CORNER OF BE 1/4, 30637' 19'11 57352'54 "W SE 1/4, BE 1/4 \ 67.80' SECTION 16 0= 71'40'06" \ L =31 27 ARVADA CITY LIMITS C= N38'02'51 "E 29.21 LOT \ I 1 576'39'16 'E N. 30.50' PARCEL 3 ARVADA RIDGE TRACT 4 �. J LOT 1 0.03 Ac N 7352'54" 69.06' O o d y 6 TRACT A D= 105'54'04" R= 50.00'— L= 92.42' 5 0012'54 "E 7877' (S 00'13'02 "E 70.48) - D= 17'39'50" R= 730,00' 1 D-1 L= 225.05' S 0 'E 200.00' R= 670.00' (S 0013'02"E 200.12') L= 206.58' _p ^ RECEPT a - - _ h NO 78012525 99 3 ° 1 SIJ7J3g..W 500733 E zo UNPLA TIED 6q 1. ° m h 20011 _ - 4 893014 E 30 GO �+- SCR= 3'0 -"E =7 r�a� r r r �A oN z n \ 3 m \ POINT OF BEGINNING PARCEL 3 \ 0).03 ACRES) W___/ 5 \ c \ \ z \ \ \ 1 I o \ o I \ \ F o BLOCK 7 n � \ \ r---- ` - - - -- PL OF FILING 1 L AMENB B E NT PUBD S UBDIVISION DXD nPOINTPOFOBLGIINN N ERIY FOR ! \ 91 BLOCK 7 , \\ NOTE. NO (3.56 ACRES) S�%G� SIPi NW CORNER OF F ME SE 1/4, SE 1/4 SECTION 16 P� m INK, Or DENVER O 1I SW CORNER OF V\ NW 1/4, BE 1/4, SE 1/4 N \\ SECTION 16 5623 __50 0'1302 "E ' WEST UOF SE 174 SE 1/4 T 658.63' DISCONNECTION MAP RIDGE HOME - AMENDMENT SHEET 2 OF 2 PETITION FOR ANNEXATION PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31- 12- 103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A ", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31 -12 -104 exist or have been met: a. Not less than I /16th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31 -12 -105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership; b. No land area within the Property 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 comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; d. The entire width of all streets and alleys to be included within the area annexed are included. e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to GED \53027 \469207.01 1 landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31- 12- 102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. LANDOWNER(S): B G. Randolph Young Mailing Address: 7500 W. 29` Avenue Wheat Ridge, CO 80033 STATE OF COLORADO ) S.S. COUNTY OF ) Subscribed and sworn to before me this day of , 2010, by (?.k" 4 i�e end - -- Witness my hand and official seal. My commission expires: S171"1% li )6 UBL\O •'�- P OF • CGL�� GED \53027 \469207.01 2 AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) s.s. COUNTY OF JEFFERSON ) 1-4 e ;-e dl 4h ?Pc te eing first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCULATOR �1 Meredith S. Reckert STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed 'and 'sworn to before me this -/°— ay of 2010, by �KUtdaFl� S RtektrF Witness-my hand and official seal. My commission expires: s/7 AIL -O/tl ��YN A. F� � 6t�✓�"�.�- �.� � . ' ' ' ' • F Notary Public pUBL1G .�0 • P OF GED \53027 \469207.01 1 EXHIBIT A CASE NO. ANX- 10- 02 /50 & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No. 85089854, consisting of Tracts 1, 2 and 4, as platted in Arvada Ridge, according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6`" P.M., city of Arvada, County of Jefferson, State of Colorado, being described by the following two parcels: Parcel 1: Tracts 1 and 2, Arvada Ridge, according to the recorded plat therefore, and a portion of Kipling Street, located in the east half of said Section 16, being described as follows: Commencing at the east quarter corner of said Section 16, and considering the east line of the SEl /4 of said Section 16 to bear South 00 °12'10" east, with all bearings contained herein, relative thereto; Thence along said East line, South 00 East, 287.00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SEl /4, South 00 East, 1010.94 feet to the Northwesterly line of the Public Service Company easement, as described in Colorado State Board of Land Commissioner's Book 10, R.O.W. No. 1049; (2) Thence along said Northwesterly line, South 73 1 52'54" West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary, along the westerly boundary of said Tract 2 the following two courses: (1) Along a non - tangent curve to the left having a delta of 71° 40'06 ", a Radius of 25.00 feet, an are of 31.27 feet and a chord which bears north 38 °02'51" east, 29.27 feet; (2) Then north 02 1 12'49" east, 306.77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses: (1) north 00 14'00" west, 65.10 feet; (2) thence along a curve to the right having a delta of 02 a radius of 3859.70 feet, an are of 200.16 feet and a chord which bears north 01 1 14'30" East, 200.14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses: -1- (1) North 00 1 38'47" East, 346.85 feet; (2) Thence North 00 0 51'51" East, 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85 East, 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4, Arvada Ridge, according to the recorded plat thereof, Jefferson County, Colorado. The above described tract contains 0.03 acres, more or less. -2- EXHIBIT B ANNEXATION BOUNDARY MAP [Attached] -3- ANNEXATION MAP AIL Alk FUOR Tirim af��1C��CQ��Oo�l `�00 �G�C� �0� �f� M�/n G�C�G°a� G°��DCC� OF UGC �Oo��0oM9��ICo TRACTS 1 2 AND 4 OF ARVADA G°� [DGE TOGETHER M%n DTH PORT ONS OIL G PL 0�1C� ST G°3C�L� G°30C��l��Of��Mn9G°a�9 LOCATED �N THE EAST 102 OF SIECT�ON 18 TOWNSH�P 3 SOUTH, RANGE Cog WEST OF THE 8�(h PR�NC�PAL MER�D�AN JEFFERSON COUNTY r IIIII I 11111111111111111 11 e; k 1 111 111 1 111!11111 LEGAL.. DES � P A PORTION OF THE RIDGE HOME ANNEXATION, RECORDED AT RECEPTION NO. 85089854, CONSISTING OF TRACTS 1, 2 AND 4, AS PLATTED IN ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, AND A PORTION OF KIPLING STREET, LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF ARVADA, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING DESCRIBE BY THE FOLLOWING TWO PARCELS: PARCEL 1: TRACTS 1 AND 2, ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, AND A PORTION OF KIPLING STREET, LOCATED IN THE EAST HALF OF SAID SECTION 16, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16, AND CONSIDERING THE EAST LINE OF THE SE1 /4 OF SAID SECTION 16 TO BEAR SOUTH 00 °12'10 "EAST, WITH ALL BEARINGS CONTAINED HEREIN, RELATIVE THERETO; THENCE ALONG SAID EAST LINE, SOUTH 00 °12'10 "EAST2 287.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT 1, BEING ON THE BOUNDARY OF SAID RIDGE HOME ANNEXATION AND THE POINT OF BEGINNING; THENCE ALONG SAID RIDGE HOME ANNEXATION BOUNDARY THE FOLLOWING TWO COURSES: ( 1) ALONG SAID EAST LINE OF THE SEI /4, SOUTH 00 °12'10 " EAST, 1010.94 FEET TO THE NORTHWESTERLY LINE OF THE PUBLIC SERVICE COMPANY EASEMENT, AS DESCRIBED IN COLORADO STATE BOARD OF LAND COMMISSIONERS BOOK 10, R.O.W. NO. 1049; (2) THENCE ALONG SAID NORTHWESTERLY LINE, SOUTH 73 °52'54 "WEST, 67.80 FEET TO THE WESTERLY CORNER OF SAID TRACT 2; THENCE DEPARTING SAID RIDGE HOME ANNEXATION BOUNDARY, ALONG THE WESTERLY BOUNDARY OF SAID TRACT 2 THE FOLLOWING TWO COURSES: ( 1) ALONG A NON — TANGENT CURVE TO THE LEFT HAVING A DELTA OF 71'40)06 pf I A RADIUS OF 25.00 FEET, AN ARC OF 31.27 FEET AND A CHORD WHICH BEARS NORTH 38 °02'51 "EAST, 29.27 FEET; (2) THENCE NORTH 0212 "EAST, 306.77 FEET TO THE EAST BOUNDARY OF SAID ARVADA RIDGE; THENCE ALONG SAID EAST BOUNDARY THE FOLLOWING TWO COURSES: ( 1) NORTH 00 °14'00 "WEST, 65.10 FEET; (2) THENCE ALONG A CURVE. TO THE RIGHT HAVING A DELTA OF 02 0 58'17 ", A RADIUS OF 3859.70 FEET, AN ARC OF 200.16 FEET AND A CHORD WHICH BEARS NORTH 01 *14'30" EAST, 200.14 FEET TO THE SOUTHERLY CORNER OF SAID TRACT 1; THENCE ALONG THE WESTERLY BOUNDARY OF SAID TRACT 1 THE FOLLOWING TWO COURSES: (1) NORTH 00 °38'47 "EAST, 346.85 FEET; (2) THENCE NORTH 00 °51'51 "EAST, 90.01 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1; THENCE ALONG THE NORTH LINE OF SAID TRACT 1, SOUTH 85 °15'17 "EAST, 22.40 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 0.76 ACRES, MORE OR LESS. PARCEL 2: TRACT 4, ARVADA RIDGE, ACCORDING TO THE RECORDED PLAT THEREOF, JEFFERSON COUNTY, COLORADO. THE ABOVE DESCRIBED TRACT CONTAINS 0.03 ACRES, MORE OR LESS. IMAL N!QTES 1. THE PERIMETER DISTANCE OF PARCEL 1 IS 2141 FEET. THE PERIMETER DISTANCE OF PARCEL 2 IS 215 FEET. 2. THE DISTANCE OF PARCEL 1 THAT IS CONTIGOUS WITH THE CITY OF WHEAT RIDGE IS 977 FEET. THE DISTANCE OF PARCEL 2 THAT IS CONTIGOUS WITH THE CITY OF WHEAT RIDGE IS 99 FEET. 3. THE PERCENTAGE OF THE BOUNDARY OF PARCEL 1 THAT IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF WHEAT RIDGE IS 46 %. THE PERCENTAGE OF THE BOUNDARY OF PARCEL 2 THAT IS CONTIGUOUS WITH THE LIMITS OF THE CITY OF WHEAT RIDGE IS 46 %. 4. BASIS OF BEARINGS: THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M. IS CONSIDERED TO BEAR SOUTH 00 °12'10 "EAST. (CITY OF WHEAT RIDGE DATUM CONSIDERS THE BEARING TO BE SOUTH 00 °12'29 "EAST) bL 2000 0 2000 4000 scale 1x'_2000' feet - U E EY ' S QMTIEICATE I, MICHAEL C. CREGGER, A REGISTERED PROFESSIONAL LAND SURVEYOR, REGISTERED IN THE STATE OF COLORADO, DO HEREBY CERTIFY THAT THIS ANNEXATION MAP WAS COMPLETED BY ME OR UNDER MY DIRECT SUPERVISION. l c4s.• c�.. • C4 .Y% Of ` 4 • 1 - tom: -�.. t'n :4 -- �k DATE — PROFESSIONAL LAND SURVEYOR REGISTRATION NO. 22564 °� COLORADO RE '`'•. •'��` H�L La14D N®TICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS MAP WITHIN 3 YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED UPON ANY DEFECT IN THIS MAP BE COMMENCED MORE THAN 10 YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. BY: G. RANDOLPH YOUNG TITLE: CITY MANAGER tjQjMY EU13LJr STATE OF COLORADO ) SS COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ___ DAY OF _ ______________p 20_ -- A.D. BY G. RANDOLPH YOUNG O FFICIAL WITNESS MY HAND AND NOTARY PUBLIC MY COMMI EXPIRES: ACCEPTANCE CERIIFlCATE APPROVED FOR FILING BY THE CITY OF WHEAT RIDGE THIS DAY OF ATTEST: MAYOR CITY CLERK RECEPTION NUMBER ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, AT GOLDEN, COLORADO ON THIS DAY OF 20 —_— AT O'CLOCK __.M.. B Y: JEFFERSON COUNTY CLERK AND RECORDER DEPUTY CLERK ANNEXATION MAP KIPLING ANNEXATION SHEET 1 OF 2 AAILL "Amm 121:1 MIL r:ApAU1UUUU\14j H(U ^n (0 Ty WHEAT R [DQ[E OF TH[E FOLLOW Y N/v �-/ 1 V S / ON � I E T ETH INN] D 4 ER W TH PORT ONS OF K PL NQ, STREET R UnT F WAY _- a � N on 00 1/2 OF SECT�ON 18, TOWNSH�P 3 SOUTIn U OF THE O th PR�NC�PAL E bi E JEF -- - - ----- COLORADO R L F __7 __T 7- ' A ll IJ 1J8 /Aj/1 VL0, 1ti/S C _T /4 j 4 i 5l 5/ ��� 8_1_ O(TIK 2 1 POINT OF fy/., 0 C Ouk,�,jllj`)�Ak WAY 4' ._- � BEGINNING A Ali � Yli 1.) l D H _ *54 05 D i - It /;� ;�, i��� _ �, — �� a �3 /T�� (0* 76 ACRES) PARCEL 1 3 114 2-- A �'EL I R 38 59.70' 1 kNkEKAT�ON PARr' �� v 1 A [3 0 A R D 0 F r N 05 "3 L - 1 95.4 6' 1 1 0,76 AC '1 2)1 0 Y 00 SOO E 3 'BOOK 25 P-0,VV, 2550, RECEPTION EAST 1/4 CORNER u 705 AND A_ 287.00 9.70) (TR A MT I L 1 Li R I C P Ti 0 �,,\J N 0. 84089026) SECTION 16 �� �- - - _- - -- , V/ r E �� � ( � r � I (TRACT L] 3 r MOM 30011 U4 —mm now mom if A I n n In -7 A ntnlA MEMO MOM A� mom* am wArAm mom& Mom mom 1974.56) TO 1/4 CORNER dPMM -4 100 0 100 200 scale feet 1 =100' PREPARED.- MAY 11, 2007 LE EN � i UNPLATTES — - -__ — Cal � ) MEASURED BEARING AND/OR DISTANCE ON CC ARVADA RIDGE PLAT CITY OF WHEAT RIDGE 3--1 /4" CAP ON PIPE IN MONUMENT BOX MARKED: LS 13212 AREA PETITIONED FOR ANNEXATION CC �� C(M) - A* NW CORNER OF S 00 °12 47 E WEST LINE SE1/4, NE 1/4 SECTION 16 1 SE 1 4 NE 1 4 C11ON 16 � i #5 REBAR W/ 2" ALUMINUM CAP MARKED.- 27601 � 1. D L (0) T ro) I'HA`T 3 L (0) T 2 VA D A 1Y, /D C 200. 4' L*�31*27' L01 \ 0 � A, C - N3 1 *E ;r r� l i ��;� 9 C 29*27' LOT 33 F -1 j - ---------- - /�— WHEAT RIDGE CITY LIMITS 57639'i6'E N_ 30.50 ANNE pG°�G°,� �� � A\\IAT�ON A T 9 j. -mss? T E� A R V14 011-1 IYID (T LOT I T' . � "': 4 U'reT 0.03 AC N 73*5254* E 9 *06'---o LO L T 8 A R VA DA RID C_� F — - ----,N 00 °1 2 ' 54 " W _CN 00'1 "WI WEST LINE NE 1/4, SE 1/4 V �,�I�II�.I E ;',�'�I'�I , l��j SW CORN OF UN1VUVHFP,, 1 SECTION 16 p T- cc:3 oF- COORS 171L ING A VENDA,�[_Al 7- 2 SUBDIVISION NW CORNER OF SE 1/4 SE 1/4 SECTION 16 — TST INC OF DENVER Consultin En 0.03 AC 73 *52'54*W._.___ 99.88\ 4 Q � S't 0(/ I / Af S001 3 021 WEST LINE SE 1/4 SE 1/4 F OCR <\ < (1-- Qn- J -7-T XJ _z_ dc) D 57639'i6'E N_ 30.50 ANNE pG°�G°,� �� � A\\IAT�ON A T 9 j. -mss? T E� A R V14 011-1 IYID (T LOT I T' . � "': 4 U'reT 0.03 AC N 73*5254* E 9 *06'---o LO L T 8 A R VA DA RID C_� F — - ----,N 00 °1 2 ' 54 " W _CN 00'1 "WI WEST LINE NE 1/4, SE 1/4 V �,�I�II�.I E ;',�'�I'�I , l��j SW CORN OF UN1VUVHFP,, 1 SECTION 16 p T- cc:3 oF- COORS 171L ING A VENDA,�[_Al 7- 2 SUBDIVISION NW CORNER OF SE 1/4 SE 1/4 SECTION 16 — TST INC OF DENVER Consultin En 0.03 AC 73 *52'54*W._.___ 99.88\ 4 Q � S't 0(/ I / Af S001 3 021 WEST LINE SE 1/4 SE 1/4 F OCR <\ < (1-- Qn- J -7-T Cit or LAND USE APPLICATION FORM eatle COM dg MUNITY D Case No. AN700 Date Received d/21/2010'. Related Cases Case Planner Case Description 150th & Kipling remnant r -o -w Appdcanf /r�afmn Name f5ty of Wheat Ridge Name F Phone Name I Address City F— State f— Zip L9 v /AA=Vdt" City F Stale Name f— Name I - Phone — Address f— City � r Slate I Zip ewnracf/nM,. ®aroma Name F— Name I Phone F— Address F City F Stale F Zip f hdnrw&a Address F— Street __ _ __ _'; City F— State Co Zip F ------ Location Description 50th & Kipling Project Name Parcel No. F Qtr Section. Distrct No.. Reviews Pre-App Dale F Neighborhood Meeting Date r App No: OiapusiAVrr Case Disposition Disposition Date Conditions of Approval Res# Ord# Notes Status lopen