HomeMy WebLinkAboutANX-88-01The foregoing instrument was acknowledged before me this j day
of 1988.
RECORDED IN
AUNTY OV - ]VFFF'nscH
IMTRODUCEV"BY COUNCILMEMBER IBBISON `^ATE OF COLORADO
RECEPTION NO. 88022456
ORDINANCE NO. 745 03/09/88 09:17 6.00
Series of 19F$
TITLE: A BILL FOR AN ORDINANCE ANNEXING CERTAIN PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Annexation. The following described real property is
hereby annexed into the City of Wheat Ridge, Colorado:
A portion of the NSJ 1/4 of the SW 1/4 of Section 29, Township 3
South, Range 69 West of the 6th P.M., Jefferson County, Colorado,
described as follows:
Commencing at the southeast corner of the NW 1/4 of the SW 1/4 of
said Seccicn 29; thence S 90 W a distance of 21.11 feet to a
point on the west line of that tract of land described in Book 359
at Page 359 of the official records of said Jefferson County, and
the Point of Beginning; thence S 90 ;J, a distance of 140.47
feet to a non- tangent point on the easterly right -of -way line of
Interstate Highway No. 70 as described in Book 1952 at Page 272 of
the official records of said Jefferson County, and whose radius
point bears N 77 W, a distance of 5880.00 feet; thence along
the easterly right -of -way line of Interstate Highway 70 as
described in Book 1952 at Page 279 and Book 1937 at Page 361 of the
official records of said Jefferson County, on a curve to the
northwest whose central angle = 02 whose radius = 5880.00
feet, and whose chord bears N 11 E, a distance of 218.46
feet to a non - tangent point; thence leaving said easterly
right -of -way, H 89 E, parallel with the north line of the NW
1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west
line of that tract described in Book 359 at Page 359, a distance of
214.50 feet to the Point of Beginning; containing 0.578 acres, more
or less.
Section 2. Annexation f1a A map in the form prescribed by C.H.S.
31 -12 -107 7) d is attached hereto as Exhibit 1.
Sec 3 • Severs bil ity If any clause, sentence, paragraph, or
part of this ordinance or the appiication thereof to any person or
circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
1�
ORDINANCE NO. 745 PAGE 2
Section 4. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the ordinance bears a
rational relation to the proper legislative object sought to be
attained.
Section 5. This ordinance shall take effect 1 day-1 after final
publication.
IAfRODUCCD, 'READ, AND ADOPTED on first reading by a vote of
2 to �_ on this 11th day of January 1 1988, ordered
published in full in a newspaper of general circulation in the City
of tiheat Ridge and Public Hearing and consideration on final
passage set for February 8 , 1988, at 7:30 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2/8/88 Continued to February 22, 1988.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 this 22nd day of February 1 1988.
SIGNED by the Mayor on this 23rd day of February 1 1988.
Wanda Sang, City Cl
1st Publication: January 14,
2nd Publication: February 25,
Wheat Ridge Sentinel
Effective Date: February 26,
DAN WILDE, MAYOR
.APPROI�- A�: F Rh1 BY CITY ATTORNEY
JON HAYES',i CIT ATTORNEY
1988
1988
1988 RECEPTION No. 88022456
N
CITY COUNCIL MINUTES
CITY OF WHEAT RIDGE, COLORADO
Feb ruary 2 2, 1988
The City Council Meeting was called to order by the Payor at 7 30 p m
Councilmembers present Kent Lavis, Tony Flas�o, Doris Ibbison, Larry
Merkl, Moe Keller, Nancy Snow, Randy West, and Claudia Worth Also
present City Clerk, Wanda Sang, City Administrator, Mike Smith, City
Attorney, John fiayes, Lirector of Planning, Glen Gidley, Lirectur of
Parks, Richard bredt, Chief of Police, Howard JaGuay, staff', and
interested citizens
PROCLAMATIONS OR CEREMONIES
Presentation of Proclamation for "Wheat Ridge Jaycees Month"
P;ayor lailde presented the proclamation. to Kelly Fuyant, representing the
1Jheat Ridge Jaycees
APPROVAL OF MINUTES of February 8, 1988
Motion by Mrs Ibbison fur the approval of the Minutes of February 8,
1988, seconded by Mrs Keller, carried 8 -0
CITIZENS' RIGHTS TO SPEAK
Donald Cobb 2919 Eaton, spoke regarding the alley between 29th & 30th
Avenue and Eaton & Fenton Street fie stated the Hest Home is close to
the alley, the alley is irupassable, trash handlers have to back in from
either end, contractor has shown complete disregard to the neighborhood
Lougal Graham 3330 Chase Street, gave reminder regarding guidelines for
the LDh Task Force, which, were incorporated 2 years ago, called for a
rational review of the Code
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Motion by Pars Snow to change the Agenda to move Item 3 ahead of Item 2,
seconded by Prs Worth, carried 8 -0
r Item 1 Council Bill 329 - An Ordinance annexing certain prop-
erty (Continued from February 8, 1985)
Council Bill 3,f9 was introduced on second reading by Mrs Ibbison, title
read by the Clerk, Ordinance No 745 assigned Mr Gidley presented the
annexation, case and entered a Resolution of approval from Jefferson
County Commissioners irto the record
Joseph C rain, representing Jefferson County, was present and sworn in by
the N ayor
CITY COUNCIL MINUTES February 22, 19bb Page -2-
Motion by Mrs Ibbison for the adoption. of Council Lill 3t9 (Ordinance
No 745) on second reading, seconded by Mrs Worth, carried b -0
Item 3_ Council bill 331 - An Ordinance amending Appendix A of the Code
of Laws of the City of Wheat Ridge by the addition of a new
Section 26 con.cernin6 Vested Property [fights
Council Bill 331 was introduced on second reading by Mrs Snow, title
read by the Clerk, Ordinance Ho 746 assigned
Motion by Mrs Snow for the adoption of Council Lill 331 (Ordinance 746)
and that a copy be sent to State Legislators, seconded by Mr West,
carried 8 -0
Item 2 _ Council bill 330 - An Ordinance providing for the approval of
rezoning from Residential -Three (R. -3) to Planned Commercial
Levelopment (FCD) and for approval of an Outline Develupwen.t
Plan on land located at approximately 3790 Wadsworth Boulevard,
City of 4cheat Ridge, County of Jefferson, State of Colorado
(Case No WZ- E7 -15) (halph A brienza)
Council Bill 330 was introduced on second reading
read by the Clerk, Ordinance No 737 assigned hr
case
Applicant Ralph brienza 10575 W 32nd Avenue, was
and gave his reasons for wanting the rezoning
Speaking in favor and sworn in by the hayor were
H N Townsend 3425 Pierce, and Gaylord Stunro
by Mr Davis, title
Gidley presented the
sworn in by the Mayor
Walter J Loip — in I
Speaking in opposition and sworn in by the hayor were Robert Olson
5050 Raleigh, Louise Turner 11[56 W 36th Avenue, Martha Shacklett
3592 Simms
Discussion followed
kotion by Mr Davis that Council Bill No 330 (Ordinance No 737), a
request for approval of a Rezoning from Residential -Three to Planned
Commercial Development and fur approval of an Outline Development Plan
for property at the southeast corner of hest 38th Avenue and Wadsworth
Blvd , be approved for the following reasons
1 The request is consistent with the Comprehensive Plan
2 The request is compatible with adjacent zoning and land use
3 Staff and Planning Commission recommend approval
With the following conditions
1 The curb cut be moved toward the southern boundary of the property,
the exact location of which will be determined at the time of Final
Development Plan.
2 A traffic impact study be submitted with the Final Development Plan
which also shows internal circulation. connection
3 That a written agreement between the church and applicant concerning
relocation of the RTD easement be submitted, seeon.ded by 1`r Merkl
Mrs Worth will vote No, she does not feel the Flann.ea Commercial
Development on the parcel is compatible with the adjacent zoning and
land use The Comprehensive Development Plan shows subject property
Commercial Activity Center, but regarding this use, she does not feel
the proposed commercial rezuning would generally be compatible with this
designation She does not think the proposal meets the goals and
CITY COUNCIL MINUTES February 8, 1988
Page -2-
Motion by Mrs Worth to approve the Transfer of Ownership from the
Partnership of Ann G Lee and David L Blascetta, dba Buchanan's, 10151
W 26th Avenue, Wheat Ridge, to Country Broker, Inc , dba Country Broker
Restaurant This is a Class G - Hotel & Restaurant Liquor License with
extended hours, seconded by Mrs Snow, carried 8 -0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2 _ Council Bill 328 - An Ordinance to vacate a portion of West
35th Avenue
(Case No WV -87 -5) (Lutheran Medical Center)
Council Bill 328 was introduced by Mr Merkl on second reading, title
read by the Clerk, Ordinance NO 744 assigned
Mr Gidley presented the case
Representing the applicant and sworn in by the Mayor was Dick S hire,
attorney, and Tom Stegbauer Vice President of Lutheran Medical Center
Motion by Mr Merk1 that Case No WV -87 -5, a request by Lutheran
Hospital for the Vacation of West 35th Avenue between Dudley to Allison
Street be approved for the following reasons 1 It is not desirable
to have access to the Lutheran Medical Center via 35th Avenue from the
west or the east 2 The previous Planned Building Group developed a
north /south traffic plan that would route Lutheran Medical Center's
traffic on the major streets of West 32nd and 38th Avenues 3 Staff
and Planning Commission recommend approval And with the addition that
Section II be amended to read "That a permanent easement be reserved for
utilities within the public street right -of -way being vacated herein
provided, however, such reserved easements shall be released upon
recording by the applicant of easements granted to applicable utilities,
which easements are approved by City Attorney before recording ",
seconded by Mr West, carried 8 -0
Item 3. Council Bill 329 - An Ordinance annexing certain property
(to be continued to February 22, 1988)
Council Bill 329 was introduced on second reading by Mrs Ibbison, title
read by the Clerk Motion by Mrs Ibbison to continue this item until
February 22, 1988, seconded by Mrs Snow, carried 8 -0
ORDINANCES ON FIRST READING
Item 4 _ Council Bill 331 - An Ordinance amending Appendix A of the Code
of Laws of the City of Wheat Ridge by the addition of a new
Section 26 concerning Vested Property Rights
Council Bill 331 was introduced by Mrs Snow on first reading, title
read by Clerk Motion by Mrs Snow that Council Bill 331 be approved on
first reading, ordered published, public hearing be set for Monday,
February 22, 1988 at 7 30 p m in City Council Chambers, Municipal
Bldg , and if approved on second reading, take effect 1 day after
final publication, seconded by Mr West, carried 8 -0
County
Glen Gildey
Director of Planning
City of Wheat Ridge
P.O. Box 638
Wheat Ridge, CO 80034
Dear Glen:
BOARD OF COUNTY COMMISSIONERS
February 17, 1988
RICH FERDINANDSEN
District No. 1
MARJORIE E. CLEMENT
District No. 2
JOHN P. STONE
District No. 3
Enclosed please find a copy of a resolution passed by the
Jefferson County Board of County Commissioners in support of the
Jennings annexation to be considered by the Wheat Ridge City
Council on Monday, February 22, 1988.
Please let Mayor Wilde and City Administrator Smith know
that I will be present to present the resolution at the Council
hearing.
Thanks for your assistance.
JC /ljv
Sincerely,
i oseph Crain
Supervisor, Community Planning
Jefferson County Planning Dept.
Enclosure n = -
CITY Q>- � °� =;��.A - f KEDGE
I C � n
F lb 1988
COMP,IUNIW DEVELOPMENT
COURTHOUSE 1700 ARAPAHOE GOLDEN, COLORADO 80419 -0001
Commissioner Ferdinandsen moved that the following Resolution be
adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
RESOLUTION NO. CC88 -113
RE: ANNEXATION - CITY OF WHEAT RIDGE - Petition by
Newton and Shirley Jennings
WHEREAS, Norman C. Allen, Jefferson County Clerk and Recorder,
and the County Attorney of Jefferson County received a copy of
the Notice of Annexation hearing, Resolution No. 1069 and the
Petition for annexation which Petition is attached hereto and
incorporated herein as Exhibit "A ", said documents were received
January 13, 1988; and
WHEREAS, according to the Petition for Annexation which is
attached hereto as Exhibit "A" the property is less than 10
acres and therefore no annexation impact report is required to
be filed with the Board of County Commissioners; and
WHEREAS, the Jefferson County Planning Department reviewed the
documents submitted by the City of Wheat Ridge and filed a
report with the Board of County Commissioners which is attached
hereto and incorporated as Exhibit "B "; and
NOW, THEREFORE, BE IT RESOLVED that the Board of County
Commissioners has no objection to the annexation petition which
is attached hereto as Exhibit "A ".
Commissioner Clement seconded the adoption of the foregoing
Resolution. The roll having been called, the vote was as
follows:
Commissioner Rich Ferdinandsen - "Aye";
Commissioner Marjorie E. Clement - "Aye";
Commissioner John P. Stone, Chairman - "Absent ":
The Resolution was adopted by majority vote of the Board of
County Commissioners of the County of Jefferson, State of
Colorado.
DATED: February 1, 1988
MEMORANDUM — 1
TO: Jefferson County Commissioners
FROM: Joe Crain, Planning Department
DATE: January 26, 1988
SUBJECT: Jennings Annexation (.578 acres) Located Approximately at I -70
and Youngfield South of 32nd Avenue to the City of Wheat Ridge,
Colorado
Notice has been received by Jefferson County that the above referenced
annexation will be considered by the Wheat Ridge City Council on February
8, 1988. Due to the size of the parcel to be annexed, .578 acres, no
impact report is required.
The subject parcel is located contiguous to the current Wheat Ridge city
boundary just east of I -70. Present use of the property is a commercial
shoppette and zoning is consistent with surrounding land uses.
Staff Findings and Recommendations
The staff finds that there is no adverse impact associated with this
annexation. The annexation is consistent with good planning practice. The
staff would recommend that the Board of County Commissioners endorse this
annexation, being in the best interest of the subject area.
'i
JC /ljv
EXHIBIT "B"
C NI PETITION FOR ANNEXATION
THE UNDERSIGNED, being one hundred percent of the o> Psi
the real property described herein and pursuant to C.R.S.
531 -12- 107(1), do hereby petition the City Council of the City of
Wheat Ridge, Colorado, to annex the real property described in
Exhibit A, which is attached hereto and expressly incorporated
herein, into the City of Wheat Ridge after compliance with all
notice and hearing requirements prescribed by statute, and as
grounds therefor state as follows:
1. It is both desirable and necessary that such area as
owned by the undersigned and described in aggregate and by
individual ownership in Exhibit A be annexed to the City of Wheat
Ridge.
2. The area proposed to be annexed meets all applicable
statutory prerequisites including:
(a) Not less than one -sixth of the perimeter of the
area proposed to be annexed is contiguous with the City of Wheat
Ridge;
(b) A community of interest exists between the area
proposed to be annexed and the City; and
(c) None of the specific limitations set forth in
C.R.S. § 531 -12 -104 and -105 are applicable to the properties set
forth in Exhibit A.
3. The signers of this Petition for Annexation comprise
the landowners of one hundred percent of the territory included
in the area proposed to be annexed, exclusive of streets and
alleys.
4. The undersigned hereby waive any vested property rights
they may have under state law within the area to be annexed. If
the proposed annexation is approved, this Petition for Annexation
may be recorded by the City in the real property records of the
Clerk and Recorder of Jefferson County as evidence of this
waiver.
5. No signature on this petition is valid if it is dated
more than one hundred eighty days prior to the date of the filing
Petition with the City Clerk.
EXHIBIT "A"
6. No person signing this petition shall be permitted to
withdraw his or her signature after the petition has been filed
with the City Clerk.
7. The undersigned have complied with all requirements-of
C.R.S. $31 -12- 107(1) in preparation, execution and submissio., of
this Petition for Annexation.
WHEREFORE,-the undera,igned request the City Council of the
City of Wheat Ridge to:
(a) approve the annexation of the area proposed to be
annexed as described in Exhibit A;
(b) accept the within Petition for Annexation;
(c) set, provide for notice and publication of, and
thereafter hold all required public hearings.relating to this
requested annexation; and
(d) do all acts required by statute and law to annex the
properties described in Exhibit A 'nto the ity of Wheat Ridge.
PO 17 \
Owner t ( Date
Newton and Shirley Jennings
Type Name
5390 Union Way
Address -
Arvada, CO 80002
Subscribed and sworn to before me this 18th day of
-. December , 198 7
My crnmission expir es:
1 -16 -90
Notary Public
RESOLUTION NO. 1069
Series of 1988
TITLE: A RESOLUTION FINDING CERTAIN PROPERTY ELIGIBLE
ANNEXATION
?guvED
JAN 1 3 1988A
Cc4 V
A OFFIC£
IT IS HEREBY RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
1. Having held a Public Hearing concerning the Petition for
Annexation attached hereto as Exhibit A and receiving evidence and
testimony from all persons desiring to be heard, the City Council
finds:
a. The requirements of the applicable parts of Sections
31 -12 -104 and -105 of the Colorado Revised Statutes have been
satisfied,
b. An election is not received under Section 31- 12- 107(2) of
the Colorado Revised Statutes, and
c. No additional terms and conditions need to be imposed upon
the proposed annexation.
2. THEREFORE, the City Council finds that the area that is the
subject of the Petition for Annexation is eligible for annexation,
said land being legally described as follows:
A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3
South, Range 69 West of the 6th P.M., Jefferson County, Colorado,
described as follows:
Commencing at the southeast corner of the NW 1/4 of the SW 1/4 of
"
Section 29, " • thence S 90 W a distance of 21.11 feet to a
point on the west line of that tract of land described in Book 359
at Page 359 of the official records of said Jefferson County, and
bwF the Point of Be thence 906601, n
' ' - feet to a non-tangent point on theeaste line
M Interstate Highway No. 70 as described in Book 1952 at Page 272 of
the official records of said Jefferson County, and whose radius
<^ :point bears N 77 W, a distance of 5880.00 feet; thence along
,the easterly right -of -way line of Interstate Highway 70 as
t y•,;described in Book 1952 at Page 279 and Book 1937 at Page 361 of the
W` official records of said Jefferson County, on a curve to the
northwest whose central angle = 02 whose radius = 5880.00
Meet, and whose chord bears N 11 E, a distance of 218.46
y....,. >
feet to a non- tangent point; thence leaving said easterly
right -of -way, N 89 E, parallel with the north line of the NW
1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west
line of that tract described in Book 359 at Page 359, a distance of
214.50 feet to the Point of Beginning; containing 0.578 acres, more
or less.
RESOLUTION NO. 1069
Series of 1F
TITLE: A RESOLUTION FINDING CERTAIN PROPERTY ELIGIBLE FOR
ANNEXATION
IT IS HEREBY RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
1. Having held a Public Hearing concerning the Petition for
Annexation attached hereto as Exhibit A and receiving evidence and
testimony from all persons desiring to be heard, the City Council
finds:
a. The requirements of the applicable parts of Sections
31 -12 -104 and -105 of the Colorado Revised Statutes have been
satisfied,
b. An election is not received under Section 31 -12- 107(2) of
the Colorado Revised Statutes, and
C. No additional terms and conditions need to be imposed upon
the proposed annexation.
2. THEREFORE, the City Council finds that the area that is the
subject of the Petition for Annexation is eligible for annexation,
said land being legally described as follows:
A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3
South, Range 69 West of the 6th P.M., Jefferson County, Colorado,
described as follows:
Commencing at the southeast corner of the NW 1/4 of the SW 1/4 of
said Section 29; thence S 90 W a distance of 21.11 feet to a
point on the west line of that tract of land described in Book 359
at Page 359 of the official records of said Jefferson County, and
the Point of Beginning; thence S 90 W, a distance of 140.47
feet to a non - tangent point on the easterly right -of -way line of
Interstate Highway No. 70 as described in Book 1952 at Page 272 cf
the official records of said Jefferson County, and whose radius
point bears N 77 W, a distance of 5880.00 feet; thence along
the easterly right -of -way line of Interstate Highway 70 as
described in Book 1952 at Page 279 and Book 1937 at Page 361 of the
`official records of said Jefferson County, on a curve to the
northwest whose central angle = 02 whose radius 5880.00
' -feet, and whose chord bears N 11 E, a distance of 218.46
feet to a non - tangent point; thence leaving said easterly
right -of -way, N 89 E, parallel with the north line of the NW
1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west
line of that tract described in Book 359 at Page 359, a distance of
214.50 feet to the Point of Beginning; containing 0.578 acres, more
or less.
RESOLUTION NO. 1070
Series of 198 - 8 -
TITLE: A RESOLUTION TO SET A HEARING ON A PETITION FOR ANNEXATION
IT IS HEREBY RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit 1 was
filed with the City Clerk and referred to the City Council for
action.
2. The Petition for Annexation is in substantial compliance with
C.R.S. 31 -12- 107(1).
3. No election for annexation has been held within the last twelve
months for the same or substantially the same area.
4. A hearing shall be held:
February 8, 1988 at 7:30 P.M.
City of Wheat Ridge Municipal Building
Council Chambers
7500 West 29th Avenue
Wheat Ridge, Colorado
to determine whether the proposed annexation complies with CRS
31 -12 -104 and -105.
5. The City Clerk is hereby directed to arrange for appropriate
and timely notices to be published pursuant to C.R.S.
31- 12- 108(2).
DONE AND RESOLVED this 11th day of January , 1988.
. - 1"C�
Dan Wiide, Mayor
ATTEST;,
Wanda Sang, City Clem
MEMORANDUM
TO:
FROM: CHARLES H. 9RADEN
SUBJECT: JENNINGS ANNEXATION
DATE: January 8, 1988
After a preliminary review of this plat, I find the
following items that need to be addressed:
1. The monument listed as the W. 1/4 Cor" Sec. 29 is
not properly described
2. The Bearing and Distance shown on the Centerline of
Section 29 do not agree with City records
3. The indicated City Boundary location is still in
question
4. The Street R.O.W. on the East side of this property
does not appear to be dedicated
5" The TRUE POINT OF BEGINNING is not shown on the
drawing
6. I suspect the Bearing indicated for the East line
of the N.W. 1/4 S.W. 1/4 does not agree with City
records
1
A R E A B Y B E A R I N G S A N D D I S T A N C E S
BEAR/DELTA DIST/RAD
SW 90X00 140.470
NE 11x33'36" 218.460
NE 99x43'26" 95.980
AZ179x46'57" 214.492
AREA = 25315.1 SQUARE FEET or .581 ACRES
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ZDDDDDDDDDDDDDBDDDDDDDDDDDDDDDBDDDDDDDDDDDDDDDBDDDDDDDDDDDDDDBDDDDDDDDDDDDDDDD?
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A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3
South, Range 69 West of the 6th P.M., Jefferson County, Colorado,
described as follows:
Commencing at the southeast corner of the NW 1/4 of the SW 1/4 of
said Section 29; thence S 90 W a distance of 21.11 feet to a
point on the west line of that tract of land described in Book 359
at Page 359 of the official records of said Jefferson County, and
the Point of Beginning; thence S 90 W, a distance of 140.47
feet to a non - tangent point on the easterly right -of -way line of
Interstate Highway No. 70 as described in Book 1952 at Page 272 of
the official records of said Jefferson County, and whose radius
point bears N 77 W, a distance of 5880.00 feet; thence along
the easterly right -of -way line of Interstate Highway 70 as
described in Book 1952 at Page 279 and Book 1937 at Page 361 of the
official records of said Jefferson County, on a curve to the
northwest whose central angle = 02 whose radius = 5880.00
feet, and whose chord bears N 11 E, a distance of 218.46
feet to a non - tangent point; thence leaving said easterly
right -of -way, N 89 E, parallel with the north line of the NW
1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west
line of that tract described in Book 359 at Page 359, a distance of
214.50 feet to the Point of Beginning; containing 0.578 acres, more
or less.
CITY OF WHEAT RIDGE - MEMORANDUM
January 6, 1988
To: Mike Smith, City Administrator
From: Glen Gidley, Actg. Dir., Planning & Development
Subject: Annexation Request by Newton Jennings
2905 Youngfield Street
----------------------------------------------------------- - - - - --
As you are aware, Mr. Newt Jennings has petitioned the City to be
annexed into the City. Colorado Revised Statutes 31 -12 -107 sets
forth specific requirements and procedures which must be followed
in voluntary annexations such as this. The steps involved are
summarized as follows:
1. Petition for Annexation along with an Affidavit of Circulator
must be submitted. Also a map of the area proposed for
annexation must be submitted. These have been submitted and
appear in order. (Attached as Exhibits 1, 2 and 3).
2. Resolutions finding both "In Compliance" and "Not in
Compliance" must be forwarded to City Council. (Attached as
Exhibits 4 and 5).
Upon review of the information in Number 1 above, Council must
adopted either resolution based upon the findings relating to
the fact as required by law.
3. Should Council adopt the "In Compliance" Resolution, then they
must pass a Resolution which sets a hearing for the petition.
(Attached as Exhibit 6).
4. Additionally, an Ordinance must be approved on 1st Reading, 2nd
Reading to occur on the set hearing date. (Staff suggests the
hearing date of February 8, 1988. The proposed Council Bill is
attached as Exhibit 7).
5. Once Council has acted affirmatively on the passage of the
Resolutions and 1st Reading of the Ordinance, a series of four
(4) weekly publications, as well as official notification of
various special districts and governmental agencies must
occur.
6. The final step is the Public Hearing and passage of the
Ordinance.
Annexation /Jennings
2905 Youngfield Street
SUGGESTED MOTIONS:
Page 2
1. Resolution Number "I move for passage of Resolution
No. which finds that the petition for annexation of the
legally described property, also known as 2901 Youngfield
Street, to be in compliance with Colorado Revised Statutes and
is, therefore, eligible for annexation."
2. Resolution Number "I move for passage of Resolution
No. , which sets a hearing date of February 8, 1988, to
consider approval of annexation of 2901 Youngfield Street."
3• Council Bill Number "I move for adoption of Council
Bill No. and order it to be published for Second Reading
and Public Hearing on February 8, 1988."
E- -mAlE> IT � 2-.
PETITION FOR ANNEXATION
THE UNDERSIGNED, being one hundred percent of the owners of
the real property described herein and pursuant to C.R.S.
531 - 12- 107(1), do hereby petition the City Council of the City of
Wheat Ridge, Colorado, to annex the real property described in
Exhibit A, which is attached hereto and expressly incorporated
herein, into the City of Wheat Ridge after compliance with all
notice and hearing requirements prescribed by statute, and as
grounds therefor state as follows:
1. It is both desirable and necessary that such area as
owned by the undersigned and described in aggregate and by
individual ownership in Exhibit A be annexed to the City of Wheat
Ridge.
2. The area proposed to be annexed meets all applicable
statutory prerequisites including:
(a) Not less than one -sixth of the perimeter of the
area proposed to be annexed is contiguous with the City of Wheat
Ridge;
(b) A community of interest exists between the area
proposed to be annexed and the City; and
(c) None of the specific limitations set forth in
C.R.S. § §31 -12 -104 and -105 are applicable to the properties set
forth in Exhibit A.
3. The signers of this Petition for Annexation comprise
the landowners of one hundred percent of the territory included
in the area proposed to be annexed, exclusive of streets and
alleys.
4. The undersigned hereby waive any vested property rights
they may have under state law within the area to be annexed. If
the proposed annexation is approved, this Petition for Annexation
may be recorded by the City in the real property records of the
Clerk and Recorder of Jefferson County as evidence of this
waiver.
5. No signature on this petition is valid if it is dated
more than one hundred eighty days prior to the date of the filing
of this petition with the City Clerk.
withdraw h orrson signing this
aftertition shall be permitted to
with the City Clerk, the petition has been filed
7 • The undersigned have complied with all requirements of
C.R.S. - in preparati
this petition tition for for An Annexation. on, execution and submission of
WHEREFORE, the undersigned request the City Council of the
City of Wheat Ridge to:
annexed )asad escribed e in n Exhibit A
nof the area proposed to be
(b) accept the within Petition for Annexation
(c) set, provide for notice and publication of, and
thereafter hold all required public hearings relating to this
requested annexation; and
(d) do all acts required
properties described in Exhibit
by statute and law to annex the
q A�nto ' the City of Wheat Ridge.
A)- /0 -
Newton and Shirley Jennings
Type Name
5390 Union Wa
Address
dada, CO 80002
Subscribed and sworn to before me this 18th day of
December 198 7 .
MY 00 nnission expires:
Notary Public
2
E,xwbi , &3
AFFIDAVIT OF PETITION CIRCULATOR
The undersigned affiant hereby swears or affirms:
1. My name is Newton Jennings
and my address is 5390 Union Way, Arvada, CO
2. I circulated the original of the attached copy of a
Petition for Annexation and collected the signatures shown
thereon.
3. Each signature found on the original of the attached
copy of the Petition for Annexation is the signature of the
person whose name it purports to be.
Further affiant saith not.
0
Name/of Circulatot ate)
lz lf---9�
Subscribed and sworn to before me this 1$& day
December , 198 7 .
My commission expires:
1 -16 -90
� � =te e, F
Notary Public
RESOLUTION NO.
Series of 198$
TITLE: A RESOLUTION FINDING CERTAIN PROPERTY ELIGIBLE FOR
ANNEXATION
IT IS HEREBY RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
1. Having held a Public Hearing concerning the Petition for
Annexation attached hereto as Exhibit A and receiving evidence and,
testimony from all persons desiring to be heard, the City Council
finds:
a. The requirements of the applicable parts of Sections
31 -12 -104 and -105 of the Colorado Revised Statutes have been
satisfied,
b. An election is not received under Section 31 -12- 107(2) of
the Colorado Revised Statutes, and
c. No additional terms and conditions need to be imposed upon
the proposed annexation.
2. THEREFORE, the City Council finds that the area that is the
subject of the Petition for Annexation is eligible for annexation,
said land being legally described as follows:
A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3
South, Range 69 West of the 6th P.M., Jefferson County, Colorado,
described as follows:
Commencing at the southeast corner of the NW 1/4 of the SW 1/4 of
said Section 29; thence S 90 W a distance of 21.11 feet to a
point on the west line of that tract of land described in Book 359
at Page 359 of the official records of said Jefferson County, and
the Point of Beginning; thence S 90 W, a distance of 140.47
feet to a non- tangent point on the easterly right -of -way line of
Interstate Highway No. 70 as described in Book 1952 at Page 272 of
the official records of said Jefferson County, and whose radius
point bears N 77 W, a distance of 5880.00 feet; thence along
the easterly right -of -way line of Interstate Highway 70 as
described in Book 1952 at Page 279 and Book 1937 at Page 361 of the
official records of said Jefferson County, on a curve to the
northwest whose central angle = 02 whose radius = 5880.00
feet, and whose chord bears N 11 E, a distance of 218.46
feet to a non - tangent point; thence leaving said easterly
right -of -way, N 89 E, parallel with the north line of the NW
1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west
line of that tract described in Book 359 at Page 359, a distance of
214.50 feet to the Point of Beginning; containing 0.578 acres, more
or less.
RESOLUTION NO.
Series of 1988
Page 2
DONE AND RESOLVED this day of , 1988.
ATTEST:
Dan Wilde, Mayor
Wanda Sang, City
Ex 41 iwl #6
RESOLUTION NO.
Series of 199�
TITLE: A RESOLUTION TO TAKE NO ACTION ON A PETITION FOR ANNEXATION
IT IS HEREBY RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit 1 was
filed with the City Clerk and referred to the City Council for
action.
2. The Petition for Annexation is not in substantial compliance
with C.R.S. 31 -12- 107(1).
3• The City Council is required by State law to take no further
action on the Petition for Annexation.
DONE AND RESOLVED this day of
ATTEST:
Dan Wilde, Mayor
Wanda Sang, City Clerk
RESOLUTION NO.
Series of 198
TITLE: A RESOLUTION TO SET A HEARING ON A PETITION FOR ANNEXATION
IT IS HEREBY RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, that:
1. The Petition for Annexation attached hereto as Exhibit 1 was
filed with the City Clerk and referred to the City Council for
action.
2. The Petition for Annexation is in substantial compliance with
C.R.S. 31 -12- 107(1).
3. No election for annexation has been held within the last twelve
months for the same or substantially the same area.
4. A hearing shall be held:
February 8, 1988 at 7:30 P.M.
City of Wheat Ridge Municipal Building
Council Chambers
7500 West 29th Avenue
Wheat Ridge, Colorado
to determine whether the proposed annexation complies with CRS
31 -12 -104 and -105.
5. The City Clerk is hereby directed to arrange for appropriate
and timely notices to be published pursuant to C.R.S.
31 -12- 108(2).
DONE AND RESOLVED this day of
ATTEST:
Dan Wilde, Mayor
Wanda Sang, City Clerk
INTRODUCED BY COUNCILMEMBER
ORDINANCE NO.
Series of 19
TITLE: A BILL FOR AN ORDINANCE ANNEXING CERTAIN PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Annexation. The following described real property is
hereby annexed into the City of Wheat Ridge, Colorado:
A portion of the NW 1/4 of the SW 1/4 of Section 29, Township 3
South, Range 69 West of the 6th P.M., Jefferson County, Colorado,
described as follows:
Commencing at the southeast corner of the NW 1/4 of the SW 1/4 of
said Section 29; thence S 90 W a distance of 21.11 feet to a
point on the west line of that tract of land described in Book 359
at Page 359 of the official records of said Jefferson County, and
the Point of Beginning; thence S 90 W, a distance of 140.47
feet to a non - tangent point on the easterly right -of -way line of
Interstate Highway No. 70 as described in Book 1952 at Page 272 of
the official records of said Jefferson County, and whose radius
point bears N 77 W, a distance of 5880.00 feet; thence along
the easterly right -of -way line of Interstate Highway 70 as
described in Book 1952 at Page 279 and Book 1937 at Page 361 of the
official records of said Jefferson County, on a curve to the
northwest whose central angle = 02 whose radius = 5880.00
feet, and whose chord bears N 11033'36" E, a distance of 218.46
feet to a non - tangent point; thence leaving said easterly
right -of -way, N 89 E, parallel with the north line of the NW
1/4 of the SW 1/4 a distance of 95.88 feet to a point on said west
line of that tract described in Book 359 at Page 359, a distance of
214.50 feet to the Point of Beginning; containing 0.578 acres, more
or less.
Section 2. Annexation Map. A map in the form prescribed by C.H.S.
31 -12 -107 (1) d is attached hereto as Exhibit 1.
Section 3 . Severability If any clause, sentence, paragraph, or
part of this ordinance or the application thereof to any person or
circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
ORDINANCE NO. PAGE 2
Section 4. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the ordinance bears a
rational relation to the proper legislative object sought to be
attained.
Section 5. This ordinance shall take effect days after final
pu6Lication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of , 1988, 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 February 8 , 1988, at 7.30 o'clock p.m., in
the Council Chambers, 7500 We 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 1988.
SIGNED by the Mayor on this day of , 1988.
DAN WILDE, MAYOR
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
JOHN HAYES, CITY ATTORNEY
1st Publication:
2nd Publication:
Wheat Ridge Sentinel
Effective Date:
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CITY OF WHEAT RIDGE - MEMORANDUM
January 5, 1987
To: Wan g, City Clerk
From: Glen ey, Actg. Dir., Planning & Development
Subject: Jennings Annexation /Special Districts
------------------------------------------------------------------
The area proposed for annexation located at 2905 Youngfield Street
is included within the following special districts:
Sanitation:
Northwest Lakewood Sanitation District
2680 Youngfield
Lakewood, CO 80215
Water:
Consolidated Mutual Water District
12700 West 27th Avenue
Lakewood, CO 80215
Schools:
Jefferson County R -1 School District
1829 Denver West Drive
Bldg. 27
Golden, CO 80401
Fire:
Lakewood Protection District
1545 RobbStreet
Lakewood, CO 80215
Parks:
Prospect Recreation District
4198 Xenon
Wheat Ridge, CO 80033
Drainage: Urban Drainage & Flood Control District
2480 West 26th Avenue
Suite 156B
Denver, CO 80211
Jennings Annexation /Special Districts Page 2
Transit: Regional Transportation District
TSM Division
1600 Blake Street
Denver, CO 80202
Electric & Gas Public Service Company of Colorado
1123 West 3rd Avenue
Denver, CO 80204
Attn: Rod Yeager
Telephone: Mountain Bell
1005 - 17th Street
Room 250
Denver, CO 80202
In addition to the above, the County Clerk and the County Attorney
are required to be notified of the proposed annexation, by
registered mail, at least 25 days prior to the scheduled hearing
date.
sb /C.1.7.
CITY OF WHEAT RIDGE - MEMORANDUM
December 22, 1987
To: Wanda Sang, City Clerk
cc: Mike Smith, City Administrator
John Hayes, City Attorney
From: Glen Gidley, Acting Director, Planning & Development
Subject: Annexation Petition - Jennings
------------------------------------------------------------- - - -- --
I have received the attached Petition for Annexation from Newton
and Shirley Jennings, for property located along the west side of
Youngfield, just south of the I -70 northbound ramp. I have also
attached copies of information provided me by John Hayes, which
outline the annexation process requirements and model forms,
resolutions, etc. I have not yet received a copy of the annexation
yaps, so instead I have attached a City map showing the location.
Please carry through with those requirements of notice and hearings
as set forth by Statute, as detailed herein. A rezoning case will
be initiated through Planning Commission, with final hearing at
Council after the annexation hearing.
Attachments
sb /C.4.2.
CITY OR WHEAT RIDGE - MEMORANDUM
January 5, 1987
To: Wan g, City Clerk
From: Glen ey, Actg. Dir., Planning & Development
Subject: Jennings Annexation /Special Districts
The area proposed for annexation located at 2905 Youngfield Street
is included within the following special districts:
Sanitation: Northwest Lakewood Sanitation District
2680 Youngfield
Lakewood, CO 80215
Water: Consolidated Mutual Water District
12700 West 27th Avenue
Lakewood, CO 80215
Schools: Jefferson County R -1 School District
1829 Denver West Drive
Bldg. 27
Golden, CO 80401
Fire: Lakewood Fire Protection District
1545 Robb Street
Lakewood, CO 80215
Parks: Prospect Recreation District
4198 Xenon
Wheat Ridge, CO 80033
Drainage: Urban Drainage & Flood Control District
2480 West 26th Avenue
Suite 156B
Denver, CO 80211
Jennings Annexation /Special Districts Page 2
Transit: Regional Transportation District
TSM Division
1600 Blake Street
Denver, CO 80202
Electric & Gas Public Service Company of Colorado
1123 West 3rd Avenue
Denver, CO 80204
Attn: Rod Yeager
Telephone: Mountain Bell
1005 - 17th Street
Room 250
Denver, CO 80202
In addition to the above, the County Clerk and the County Attorney
are required to be notified of the proposed annexation, by
registered mail, at least 25 days prior to the scheduled hearing
date.
sb /C.1.7.
HAYES & PHILLIPS, P.C.
Attorneys at Law
Suite 450, The Market Center
1350 Seventeenth Street
Denver, Colorado 80202 -1517
(303) 825 -6444
John E. Hayes
Herbert C. Phillips
Victoria M. Bunsen
James S. Maloney
Paul Godec
PROCEDURE FOR ANNEXATION
OF PROPERTY PURSUANT
TO PETITION
Of Counsel:
Harvey W. Curtis
Star L. Waring
This procedure outlines the steps necessary to complete an
annexation that has been initiated by the filing of a petition by
100% of the landowners within the area to be annexed. It does
not apply to related situations such as the filing of a petition
for annexation election or annexation initiated by the City. For
further details, consult the City Attorney and Part 1, Article
12, Title 31 of the Colorado Revised Statutes (which have been
amended in 1987 by Senate Bill No. 45).
Forms attached include:
O Petition for Annexation
O 2 Affidavit of petition circulator,
3. Resolution finding petition for annexation not in
compliance with the law,
4. Resolution finding petition for annexation in
compliance with the law and setting a public hearing.
5. Notice to be published,
6. Resolution setting forth findings and conclusions from
public hearing, and
7 Annexation ordinance.
I. Filing Petition for Annexation
A. City Clerk ensures that:
1. All signatures are dated 180 days or less before
the date of filing. C.R.S. §31- 12- 107(1)(e).
2. Four copies of the annexation map are attached.
C.R.S. §31- 12- 107(1)(d).
0 3. The affidavit of the circulator is attached.
C.R.S. §31- 12- 107(1)(c)(IX).
& it it-
B. City Clerk refers the petition to the City Council as a
communication. C.R.S. §31- 12- 107(1)(f).
C. Signatures shall be deemed sufficient unless an owner
in fee of an undivided interest in the same area of
U land objects in writing to the City Council within 14
days after the filing of the petition. C.R.S.
531 -12- 107(7).
II. Action by City Council
\\ A. City Council, without "undue" delay, must determine
1 whether the petition is in compliance with C.R.S.
( a/" §31 -12- 107(1).
�-P �y,� -0 2
/J -O B. If it is not in compliance, the Council must make this
finding by a resolution.
C. If the petition is in compliance, the City Council must
adopt a resolution:
i. Finding the petition is in substantial compliance
with C.R.S. §31 -12- 107(1),
ii. Finding that no election for annexation has been
held within the last twelve months for the same or
substantially the same area, and
iii. Establishing a date, time, and place for a hearing
_ to determine whether the proposed annexation
complies with C.R.S. § §31 -12 -104 and -105. The
date must be 30 to 60 days after the effective
date of the resolution. A hearing need not be
held if it is determined conclusively that the
requirements of sections -104 and -105 have not
been met.
III. ( Notice Requirements
►`{�21�� 8 �� A. Y The City Clerk must publish a notic once a week for
four successive weeks. The first publication must be
Proof of publication should be kept for entry into the
record at the hearing.
B. The published notice must contain a copy of th e
petition as filed (excluding ' signatures) together with
a no ce that, on the given date and at the given time
and place, the City Council shall hold a hearing upon
the petition for the purpose of determining and finding
whether the area proposed to be annexed meets the
2
applicable requirements of sections 31 -12 -104 and
31 -12 -105 and is considered eligible for annexation.
The City Clerk must send, by registered mail, at least
twenty -five days prior to the date of the hearing, a
copy of the published notice, the resolution and the
petition as filed to the:
1. County clerk,
2. County attorney,
/' 3. Any school district having
v�^'U" area to be annexed, and
4P ® Any special district having
�. area to be annexed.
C.R.S. §31 -12- 108(2).
IV. Preparation for hearing
territory within the
territory within the
A. Unless the area to be annexed is less than ten acres in
total area or unless the county as waive t is
requirement,an annexation impact report must be
prepared. The details of what this contains are found
in C.R.S. §31 -12- 108.5.
B. The annexation impact report must be prepared at least
twenty -five days prior to the hearing and must be filed
with the board of county commissioners at least twenty
days before the hearing.
V. Hearing
A
0
l_
The proceedings must be recorded.
Any person may appear and present evidence upon any
matter to be determined by the city.
The City Council must adopt
its findings of *& anti its
with reference to:`— -
a resolution setting forth
conclusion based thereon
1. Whether or not the requirements of the applicable
parts of sections 31 -12 -104 and -105 have been met,
2. That an election is not required under section
31 -12- 107(2),
3. Whether any additional terms and conditions are to
be imposed.
3
D. If the resolution finds that the requirements are met
and no election is required, and also that no
additional terms and conditions are to be imposed, the
City Council may annex the area by ordinance.
VI. Effective date; required filings
® The annexation shall be effective on the effective date
of the annexing ordinance and after the certified
copies have been recorded (see C below).
The Clerk must keep on file a copy of the annexation
map and the original of the annexing ordinance.
Q Two certified copies of the ordinance and map
(containing a legal description) must be recorded with
the county).
D. The annexation is effective for the purpose of general
taxation on the ensuing January 1.
C.R.S. §31 -12 -113.
VII. Zoning and Subdivision
P C• A. Zoning procedures may be initiated any time after the
w resolution is adopted finding the petition for
annexation to be valid.
B. The proposed zoning ordinance may not be passed on
final reading prior to the date when the annexation
ordinance is passed on final reading.
C. The same rules apply to subdivisions.
C.R.S. §31 -12 -115
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